County Commission Minutes

<P>Chairman Johnson called the meeting to order at 9:06 a.m. on Monday, January 7, 2002. All members were present. The Pledge of Allegiance was recited.&#160;<o:p></o:p></P> <P><B>PROCLAMATION 01-07-02<o:p></o:p></B></P> <P>Johnson read a proclamation proclaiming the week of January 14-21, 2002 as "Dr. Martin Luther King, Jr. Week." Johnson made a motion to adopt the proclamation as read. Motion was seconded by Jones and carried unanimously.<o:p></o:p></P> <P><B>CONSENT AGENDA 01-07-02<o:p></o:p></B></P> <P>Jones made a motion to approve the following Consent Agenda:<o:p></o:p></P> <UL type=disc> <LI class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto; mso-list: l12 level1 lfo19; tab-stops: list .5in">Approve Commissioners Order Nos. 4969, 4970, 4971, 4972, and 4973. Orders are on file in the office of the County Clerk;<o:p></o:p></LI> <LI class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto; mso-list: l12 level1 lfo19; tab-stops: list .5in">Approve annexation of approximately 13 acres of right-of-way for N 1400 Road (Douglas County Route 442) and a portion of Noria Road right-of-way (E 1750 Road). This annexation was required as a condition of the Final Plat of East Hills Business Park East No. 2;<o:p></o:p></LI> <LI class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto; mso-list: l12 level1 lfo19; tab-stops: list .5in">Reject bids received for the purchase of one (1) ambulance; and<o:p></o:p></LI> <LI class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto; mso-list: l12 level1 lfo19; tab-stops: list .5in">Note receipt of fee reports for the month of November 2001.<o:p></o:p></LI></UL> <P>Motion was seconded by McElhaney and carried unanimously.<o:p></o:p></P> <P><B>MISCELLANEOUS 01-07-02<o:p></o:p></B></P> <P>The Board considered a request received from The Ecumenical Fellowship, Inc. for financial support in the amount of $1,250 for speaker honorariums and travel expenses for the Rev./Dr. Martin Luther King, Jr. celebration. Rev. William Dulin, President of The Ecumenical Fellowship made a brief presentation. McElhaney noted his concerns about utilizing public funds for this purpose and the fact that it should be considered as part of the budget process. Jones posed questions regarding last years’ celebration and The Ecumenical Fellowship, Inc.’s position on a few issues. Johnson made a motion to authorize payment of $1,250 for the Martin Luther King Jr. Celebration. Jones seconded and the motion carried 2-1 with McElhaney voting nay.<o:p></o:p></P> <P><B>WASTEWATER 01-07-02<o:p></o:p></B></P> <P>Steve Phillips, a representative from Black &amp; Veatch Corporation, conducted a presentation of the Water/Wastewater System Master Plan Studies. No action was taken.<o:p></o:p></P> <P><B>PUBLIC WORKS 01-07-02<o:p></o:p></B></P> <P>The Board discussed Project No. 23 C-3688-01, Route 1029 Improvements. Keith Browning, Director of Public Works/County Engineer, provided an update on the progress of this project noting three (3) primary issues that needed to be discussed before proceeding further with the detailed engineering design:<o:p></o:p></P> <P style="MARGIN-LEFT: 0.5in">1. The proposed Route 438/Route 1029 intersection configuration;<o:p></o:p></P> <P style="MARGIN-LEFT: 0.5in">2. The proposed Route 1029 vertical alignment or roadway centerline profile; and<o:p></o:p></P> <P style="MARGIN-LEFT: 0.5in">3. Updated cost estimates for the project.<o:p></o:p></P> <P>It was the consensus of the Board to discuss these issues again on January 23, 2002.<o:p></o:p></P> <P><B>SHERIFF &amp; CONTRACTS 01-07-02<o:p></o:p></B></P> <P>At their meeting on December 17, 2001, the Board authorized Rick Trapp, Sheriff, to negotiate with Heartland Medical Outreach and the Visiting Nurses Association (VNA) to provide physician and nurses services for the Douglas County Jail. Sheriff Trapp returns to the Board today with a recommendation to accept the proposal of Dr. Sale to provide physician care for two half-days per week at $4300 per month, or $51,600 per year; and to accept the VNA negotiated proposal for nursing services in the amount of $205,203 per year. Jones made a motion to approve the Sheriff’s recommendation, seconded by Johnson, and carried unanimously. It should be noted this is a one (1) year contract.<o:p></o:p></P> <P><B>MISCELLANEOUS 01-07-02<o:p></o:p></B></P> <P>The Board discussed legislative issues. No action was taken.<o:p></o:p></P> <P><B>ACCOUNTS PAYABLE 01-07-02<o:p></o:p></B></P> <P>Jones made a motion to authorize payment of accounts payable in the amount of $1,366,597.86 to be paid 12/28/01; manual checks in the amount of $331.20; payroll in the amount of $515,189.97; and electronic funds transfers in the amount of $37,267.66 for FICA and $31,228.50 for KPERS, to be paid 12/28/01. Motion was seconded by Johnson and carried unanimously.<o:p></o:p></P> <P>Jones made a motion for adjournment, seconded by McElhaney, and carried unanimously.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member </P> <P><BR>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member<SPAN style="FONT-FAMILY: Arial"></P></SPAN>

<P>Chairman Johnson called the meeting to order at 9:03 a.m. on Monday, January 14, 2002. All members were present. The Pledge of Allegiance was recited.&#160;<o:p></o:p></P> <P><B>MISCELLANEOUS 01-14-02<o:p></o:p></B></P> <P>Chairman Johnson made a motion that Commissioner McElhaney be elected to serve as Chairman of the Board of Douglas County Commissioners effective today for the coming year. Motion was seconded by McElhaney and carried unanimously.<o:p></o:p></P> <P>McElhaney made a motion that Johnson be elected to serve as Vice-Chair of the Board of Douglas County Commissioners effective today for the coming year. Johnson seconded and the motion carried unanimously.<o:p></o:p></P> <P><B>CONSENT AGENDA 01-14-02<o:p></o:p></B></P> <P>Jones made a motion to approve the following Consent Agenda:<o:p></o:p></P> <UL type=disc> <LI class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto; mso-list: l15 level1 lfo18; tab-stops: list .5in">Approve Commissioners Order Nos. 4973 and 4974. Orders are on file in the office of the County Clerk.<o:p></o:p></LI></UL> <P><B>MISCELLANEOUS 01-14-02<o:p></o:p></B></P> <P>Ann Gardner, Journal-World, presented a Summary of Lawrence is Growing Project. No action was taken.<o:p></o:p></P> <P><B>MISCELLANEOUS 01-14-02<o:p></o:p></B></P> <P>Sue Neustifter, Register of Deeds, presented the year-end revenue results from her office. No action was taken.<o:p></o:p></P> <P><B>ACCOUNTS PAYABLE 01-14-02<o:p></o:p></B></P> <P>Jones made a motion to authorize payment of accounts payable in the amount of $535,851.33 to be paid 1/14/02; manual checks in the amount of $100.53; payroll in the amount of $573,143.98; and electronic funds transfers in the amount of $42,781.94 for FICA, and $35,742.65 for KPERS to be paid 1/11/02. Motion was seconded by Johnson and carried unanimously.<o:p></o:p></P> <P><B>MISCELLANEOUS 01-14-02<o:p></o:p></B></P> <P>Carl Burns, 661 Diagonal Road, reported commercial logging practices being conducted in the County. It was the consensus of the Board to direct Planning staff to investigate.<o:p></o:p></P> <P><B>PUBLIC WORKS 01-14-02<o:p></o:p></B></P> <P>McElhaney made a motion that the Board recess to view the portion of Colorado and California Streets in Miller Acres submitted for vacation. Johnson seconded and the motion carried unanimously.<o:p></o:p></P> <P>Jones made a motion for adjournment, seconded by Johnson and carried unanimously.<SPAN style="FONT-FAMILY: Arial"><o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-FAMILY: Arial"> <DIV></DIV>_____________________________<SPAN style="mso-tab-count: 1"> </SPAN>_____________________________<BR>Jere McElhaney, Chairman<SPAN style="mso-tab-count: 1"> </SPAN><SPAN style="mso-tab-count: 1"></SPAN>Bob Johnson, Member</SPAN> <SPAN style="FONT-FAMILY: Arial"><o:p></o:p></SPAN> <P></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial"><o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial">ATTEST:<o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial"><o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial">_____________________________<SPAN style="mso-tab-count: 1"> </SPAN>_____________________________<o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt 3in; TEXT-INDENT: -3in; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial">Patty Jaimes, County Clerk<SPAN style="mso-tab-count: 1"> </SPAN><SPAN style="mso-tab-count: 1"></SPAN>Charles Jones, Member</SPAN></P>

<P>Chairman McElhaney called the meeting to order at 6:37 p.m. on Wednesday, January 16, 2002. All members were present. The Pledge of Allegiance was recited.&#160;<o:p></o:p></P> <P><B>CONSENT AGENDA 01-16-02<o:p></o:p></B></P> <P>Jones made a motion to approve the following Consent Agenda:<o:p></o:p></P> <UL type=disc> <LI class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto; mso-list: l15 level1 lfo17; tab-stops: list .5in">Approve Commissioners Order Nos. 4975, 4976, 4977, 4978, and 4979. Orders are on file in the office of the County Clerk;<o:p></o:p></LI> <LI class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto; mso-list: l15 level1 lfo17; tab-stops: list .5in">Approve Annual Noxious Weed Management Plan; and<o:p></o:p></LI> <LI class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto; mso-list: l15 level1 lfo17; tab-stops: list .5in">Approve Annual Noxious Weed Eradication Progress Report for 2001.<o:p></o:p></LI></UL> <P>Motion was seconded by McElhaney and carried unanimously.<o:p></o:p></P> <P><B>MISCELLANEOUS 01-16-02<o:p></o:p></B></P> <P>The Board conducted a public hearing on revisions to the County Commission district boundaries. Dave Guntert, staff member of the Lawrence-Douglas County Metropolitan Planning Department, conducted a presentation of the proposed boundaries — Maps 1 and 2. Ed Tate, President of the East Lawrence Neighborhood Association, noted that the Association would prefer to remain in District 1. They feel that their needs and desires would be better represented by remaining in District 1. Bill Sepic, President of the Lawrence Chamber of Commerce, commended the Commission and staff on the work they have done and the timely manner in which it has been done. McElhaney closed the public hearing. Johnson made a motion to adopt Map 1. Motion was seconded by Jones and carried unanimously.<o:p></o:p></P> <P><B>PUBLIC WORKS 01-16-02<o:p></o:p></B></P> <P>The Board conducted a public hearing regarding the vacation of portions of Colorado and California Streets in Miller Acres. No comments were received and McElhaney closed the public hearing. Jones made a motion that staff be directed to proceed with the preparation of a resolution to vacate portions of Colorado and California Streets in Miller Acres. Motion was seconded by Johnson and carried unanimously.<o:p></o:p></P> <P><B>PLANNING 01-16-02<o:p></o:p></B></P> <P>The Board considered Item No. 10 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated December 19, 2001. This item is CUP-11-10-01: Conditional Use Permit request for a propane distribution tank. The site is proposed to be located on the east side of E 800 Road, north of the KTA (Kansas Turnpike) right-of-way. Submitted by Kyle McNorton of Capital City Oil for Donald and Margaret Fuston, property owners of record. Brian Pedrotti, staff member of the Lawrence-Douglas County Metropolitan Planning Department presented the item. In May of 2001, the applicant inquired about the possibility of locating a propane tank for a private utility in Douglas County on the subject property. On June 7, 2001, the Planning Office informed the applicant that the propane tank would need to be located in an industrial zoning district, and that a private utility could not be approved with a Conditional Use Permit according to the County Zoning Regulations. The applicant appealed the Planning Staff’s interpretation to the County Board of Zoning Appeals (BZA). On September 19, 2001, the County BZA reversed the Planning Staff’s interpretation and stated that any public or private utility serving the public could apply for a Conditional Use Permit. The applicant subsequently submitted a CUP for the proposed propane tank. This item now comes to the Board with a recommendation for approval with the following conditions:<o:p></o:p></P> <P style="MARGIN-LEFT: 0.5in">1. Approval of the proposed driveway by the Kanwaka Township Board prior to construction.<o:p></o:p></P> <P style="MARGIN-LEFT: 0.5in">2. Provision of a note on the face of the site plan stating, "The Conditional Use Permit will be re-evaluated by the County Commission in 2007. The CUP will expire in 2012, at which time the applicant must re-apply for a CUP."<o:p></o:p></P> <P style="MARGIN-LEFT: 0.5in">3. Revise site plan to show all improvements outside of the ultimate arterial right-of-way of 150'.<o:p></o:p></P> <P style="MARGIN-LEFT: 0.5in">4. Provide 6' high evergreen trees in an alternating double-row along the south (KTA), east, and west beyond the length of the tank.<o:p></o:p></P> <P style="MARGIN-LEFT: 0.5in">5. Provide location of the distribution connection.<o:p></o:p></P> <P style="MARGIN-LEFT: 0.5in">6. Provide a revised location map.<o:p></o:p></P> <P style="MARGIN-LEFT: 0.5in">7. Provide existing zoning and lane use of subject property.<o:p></o:p></P> <P style="MARGIN-LEFT: 0.5in">8. Provide existing land uses on adjacent property.<o:p></o:p></P> <P style="MARGIN-LEFT: 0.5in">9. Provide drainage arrows showing direction of water flow from the site.<o:p></o:p></P> <P style="MARGIN-LEFT: 0.5in">10. All lighting fixtures must be aimed downward so as to not cast illumination on adjacent properties.<o:p></o:p></P> <P style="MARGIN-LEFT: 0.5in">11. Relocation of the proposed gate to provide stacking for one distribution truck.<o:p></o:p></P> <P style="MARGIN-LEFT: 0.5in">12. Provide a note on the plan stating, "No sales allowed on the premises."<o:p></o:p></P> <P style="MARGIN-LEFT: 0.5in">13. Provide a note stating, "Vehicular traffic is limited to a maximum of 20 delivery truck trips per week outbound."<o:p></o:p></P> <P style="MARGIN-LEFT: 0.5in">14. Provide a note stating "All vehicular trips to this site will be made between the hours of 6 a.m. and 10 p.m."<o:p></o:p></P> <P style="MARGIN-LEFT: 0.5in">15. Provide a note stating, "The property owner must notify the Planning Office prior to the sale of the property within 10 days of the change of ownership." <o:p></o:p></P> <P>It was noted that a valid protest petition has been filed and certified by the Douglas County Clerk which will require a unanimous decision for approval. <o:p></o:p></P> <P>Vernon Jarb&#160;, attorney representing the applicant, was also present to address any concerns. Comments were then received from John Lewis, 1807 E. 800 Road, asking the Commission to deny the CUP.<o:p></o:p></P> <P>A motion was made by Johnson to approve the Conditional Use Permit subject to the above conditions. McElhaney seconded and motion carried unanimously.<o:p></o:p></P> <P><B>PLANNING 01-16-02<o:p></o:p></B></P> <P>The Board noted receipt of the revisions to the Metropolitan Planning Area Boundary approved by the Lawrence-Douglas County Metropolitan Planning Commission at their meeting on December 19, 2001. No action was taken.<o:p></o:p></P> <P><B>PLANNING 01-16-02<o:p></o:p></B></P> <P>The Board noted receipt of the Unified Planning Work Program for FY 2002 approved by the Lawrence-Douglas County Metropolitan Planning Commission at their meeting on December 19, 2001. No action was taken.<o:p></o:p></P> <P><B>PUBLIC WORKS &amp; ZONING 01-16-02<o:p></o:p></B></P> <P>The Board discussed a possible variance to Home Rule Resolution No. HR-00-4-1 regarding the required length of improvements to N 600 Road west of E 2000 Road. Property owners Mike and Jan Dickenson were present for the discussion as well as Keith Browning, Director of Public Works/County Engineer, and Keith Dabney, Director of Zoning &amp; Codes, and A. J. Barrett, Palmyra Township Trustee. The Board discussed the requirement to construct 250 linear feet of roadway to County standards within existing road right-of-way along the Dickensons’ south property line. The requirement is questioned since Mr. Browning will require end-of-road markers to be installed just west of the proposed entrance into the Dickensons’ property due to steep grades beyond this point. The Board directed staff to provide recommended language granting a variance to Home Rule Resolution No. HR-00-4-1 for consideration during the regular agenda portion of a future County Commission meeting.<o:p></o:p></P> <P><B>PUBLIC WORKS &amp; TOWNSHIPS 01-16-02<o:p></o:p></B></P> <P>The Board discussed Dust Palliative Program Policies for 2002. Johnson made a motion to continue the brokerage of a dust palliative program with an increased up front user fee of $1.00/linear foot ($0.50/l.f. for dust palliative material and an additional $0.50/l.f. user fee to cover road preparation costs), plus an increase in administrative fees from $35 to $45 per applicant, and authorize advertisement for bidders once the application process has been completed. Motion was seconded by Jones and carried unanimously.<o:p></o:p></P> <P><B>ACCOUNTS PAYABLE 01-16-02<o:p></o:p></B></P> <P>Jones made a motion to authorize payment of accounts payable manual checks in the amount of $45,000. Motion was seconded by Johnson and carried unanimously.<o:p></o:p></P> <P>Jones made a motion for adjournment, seconded by Johnson, and carried unanimously.<SPAN style="FONT-FAMILY: Arial"><o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-FAMILY: Arial"> <DIV></DIV>_____________________________<SPAN style="mso-tab-count: 1"> </SPAN>_____________________________<BR>Jere McElhaney, Chairman<SPAN style="mso-tab-count: 1"> </SPAN><SPAN style="mso-tab-count: 1"></SPAN>Bob Johnson, Member</SPAN> <SPAN style="FONT-FAMILY: Arial"><o:p></o:p></SPAN> <P></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial"><o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial">ATTEST:<o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial"><o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial">_____________________________<SPAN style="mso-tab-count: 1"> </SPAN>_____________________________<o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt 3in; TEXT-INDENT: -3in; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial">Patty Jaimes, County Clerk<SPAN style="mso-tab-count: 1"> </SPAN><SPAN style="mso-tab-count: 1"></SPAN>Charles Jones, Member</SPAN></P>

<P>Chairman McElhaney called the meeting to order at 6:36 p.m. on Wednesday, January 23, 2002. All members were present. The Pledge of Allegiance was recited.&#160;<o:p></o:p></P> <P><B>CONSENT AGENDA 01-23-02<o:p></o:p></B></P> <P>Johnson made a motion to approve the following Consent Agenda:<o:p></o:p></P> <UL type=disc> <LI class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto; mso-list: l2 level1 lfo16; tab-stops: list .5in">Approve Commissioners Order Nos. 4981 and 4982. Orders are on file in the office of the County Clerk;<o:p></o:p></LI> <LI class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto; mso-list: l2 level1 lfo16; tab-stops: list .5in">Approve three (3) Out-District College Tuition statements in the amount of $9,096; and<o:p></o:p></LI> <LI class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto; mso-list: l2 level1 lfo16; tab-stops: list .5in">Approve Application for an Authorized Emergency Vehicle Permit for Robert O. Rombach.<o:p></o:p></LI></UL> <P>Jones seconded and the motion carried unanimously.<o:p></o:p></P> <P><B>PUBLIC WORKS 01-23-02<o:p></o:p></B></P> <P>The Board discussed the Route 1029 3-R Project. Keith Browning, Director of Public Works/County Engineer, was present for the discussion. This item was previously discussed by the Board at their meeting held January 7, 2002. Browning reported that he has met with David Hamby, Project Manager from BG Consultants, and the property owners since the last meeting. Two alternates for the proposed intersection of Route 438/Route 1029 have been proposed. The first alternate is to realign the intersection with a curved alignment between the two routes. The second alternate is to keep the existing T-intersection, but relocate the intersection further north to provide increased sight distance to the south given the existing turnpike bridge over Route 1029. Browning recommended that the curved alignment be utilized. Nancy Howard, City of Lecompton Councilwoman, spoke in favor of the curve. The Board has also received a letter from the City of Lecompton endorsing the curved alignment. Robin Kofford, who owns land off of 1029, expressed safety and access concerns. Jones expressed concerns about the possibility of increased speeds as well as increased truck traffic. A motion was made by Johnson to utilize the curved alignment as opposed to the T-intersection. McElhaney seconded and the motion carried unanimously. Johnson stated for the record that it was the consensus of the Board that it would be bad planning to allow direct access onto Route 438/1029 from the south side of the curve if it is ever developed/used commercially. From a safety standpoint, it should be accessed from an access road.<o:p></o:p></P> <P><B>PARKS — WELLS 01-23-02<o:p></o:p></B></P> <P>The Board discussed a proposal for improvements to Wells Overlook. Ken Lassman was present for the discussion. Mr. Lassman’s grandfather, William Wells, donated the land for this park. Mr. Lassman proposed a prairie restoration project. He explained that by pursuing prairie restoration as a management strategy for Wells Overlook, the County becomes eligible to pursue a number of financial sources that would not otherwise be available to them, thus minimizing the cost to the county taxpayer. Kelly Kindscher from the Kansas Biological Survey, was also present for the discussion. Mr. Kindscher noted that this is a great opportunity for community involvement and they were looking for endorsement from the County. Jones made a motion to appoint the following individuals to the Wells Overlook Restoration Committee:<o:p></o:p></P> <P style="MARGIN-LEFT: 0.5in">Jere McElhaney, Chair<BR>Kelly Kindscher<BR>Ken Lassman<BR>Keith Browning or designee<BR>Representative from City of Lawrence Parks &amp; Rec<BR>Other members as appropriate<o:p></o:p></P> <P>Motion was seconded by Johnson and carried unanimously.<o:p></o:p></P> <P><B>ACCOUNTS PAYABLE 01-23-02<o:p></o:p></B></P> <P>Johnson made a motion to authorize accounts payable in the amount of $8,810.20 to be paid 1/18/02; and $51,886.33 to be paid 1/18/02. Jones seconded, carried unanimously.<o:p></o:p></P> <P><B>MISCELLANEOUS 01-23-02<o:p></o:p></B></P> <P>At 7:55 P.M., McElhaney made a motion to go into executive session until 8:40 P.M. with Evan Ice, County Counselor; Pam Madl, Director of Administrative Services; and Keith Dabney, Director of Zoning &amp; Codes, to discuss potential litigation. The Board returned to regular session at 8:38 P.M. No action was taken.<o:p></o:p></P> <P>Jones made a motion for adjournment; seconded by Johnson and carried unanimously.<SPAN style="FONT-FAMILY: Arial"><o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-FAMILY: Arial"> <DIV></DIV>_____________________________<SPAN style="mso-tab-count: 1"> </SPAN>_____________________________<BR>Jere McElhaney, Chairman<SPAN style="mso-tab-count: 1"> </SPAN><SPAN style="mso-tab-count: 1"></SPAN>Bob Johnson, Member</SPAN> <SPAN style="FONT-FAMILY: Arial"><o:p></o:p></SPAN> <P></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial"><o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial">ATTEST:<o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial"><o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial">_____________________________<SPAN style="mso-tab-count: 1"> </SPAN>_____________________________<o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt 3in; TEXT-INDENT: -3in; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial">Patty Jaimes, County Clerk<SPAN style="mso-tab-count: 1"> </SPAN><SPAN style="mso-tab-count: 1"></SPAN>Charles Jones, Member</SPAN></P>

<P>Chairman McElhaney called the meeting to order at 9:04 a.m. on Monday, January 28, 2002. All members were present. The Pledge of Allegiance was recited.&#160;<o:p></o:p></P> <P>McElhaney read a proclamation proclaiming the month of February as Abstinence Awareness Month. Johnson made a motion to adopt the proclamation as read, seconded by Jones and carried unanimously.<o:p></o:p></P> <P><B>CONSENT AGENDA 01-28-02<o:p></o:p></B></P> <P>Johnson made a motion to approve the following consent agenda:<o:p></o:p></P> <UL type=disc> <LI class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto; mso-list: l13 level1 lfo15; tab-stops: list .5in">Approve Commissioners Order Nos. 4983, 4984, and 4985. Orders are on file in the office of the County Clerk;<o:p></o:p></LI> <LI class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto; mso-list: l13 level1 lfo15; tab-stops: list .5in">Find and determine that the requested annexation of approximately 20.45 acres of right-of-way for Kansas Highway 10 will not hinder or prevent the proper growth and development of the area or that of any other incorporated city located within Douglas County, all as provided by K.S.A. 15-520c. This area is adjacent to the East Hills Business Park;<o:p></o:p></LI> <LI class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto; mso-list: l13 level1 lfo15; tab-stops: list .5in">Approve Resolution No. 02-01 reappointing the Special Deputy Coroner;<o:p></o:p></LI> <LI class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto; mso-list: l13 level1 lfo15; tab-stops: list .5in">Approve Resolution No. 02-02 vacating a portion of California and Colorado Streets in Miller Acres;<o:p></o:p></LI> <LI class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto; mso-list: l13 level1 lfo15; tab-stops: list .5in">Authorize the Appraiser’s Office to post for sale one (1) plotter on the Kansas Association of Mapper’s web site; and<o:p></o:p></LI> <LI class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto; mso-list: l13 level1 lfo15; tab-stops: list .5in">Authorize the sale <o:p></o:p></LI></UL> <P>Motion was seconded by Jones and carried unanimously.<o:p></o:p></P> <P><B>SEWER DISTRICTS &amp; RESOLUTIONS 01-28-02<o:p></o:p></B></P> <P>The Board considered approval of a resolution authorizing the issuance of a temporary note in the amount of $400,000 for a nine-month period to cover the construction expenses of the development of Baldwin Creek Sewer District #1. Jones made a motion to approve Resolution No. 02-03 authorizing the issuance of the temporary note. Motion was seconded by Johnson and carried unanimously.<o:p></o:p></P> <P><B>CONTRACTS, PURCHASING, DISTRICT COURT, &amp; DISTRICT ATTORNEY 01-28-02<o:p></o:p></B></P> <P>Jackie Waggoner, Purchasing Agent, appeared before the Board requesting approval to waive the bidding process for the purchase of an AS400 ServiceSuite software subscription for the case management system for the District Court and District Attorney Offices. In 1998 an AS400 was purchased for the operation of the case management system for these offices. This purchase included smooth start services, 3-year prepaid extended maintenance, and a 3-year prepaid software subscription. The contract was awarded to Data Systems International (DSI) in Overland Park, Kansas. The contract for the software subscription expired January 6, 2002. IBM allows for a thirty-day grace period to reactive the subscription, or we will be subject to a $10,000 penalty to reinstate it at a later date. The maintenance contract is still in force until April 30, 2002. In order to acquire the software subscription, we have to purchase a ServiceSuite package which includes 24.7 hardware maintenance, 9.5 support line, alert, and software subscription. DSI has provided a quote in the amount of $14,679.61. Jones made a motion to waive the bidding process for the purchase of an AS400 ServiceSuite package through Data Systems International in the amount of $14,679.61. Johnson seconded and the motion carried unanimously.<o:p></o:p></P> <P><B>PURCHASING 01-28-02<o:p></o:p></B></P> <P>Waggoner then asked for direction regarding the sale of a vehicle in the Sheriff’s Office. This vehicle, a 2000 Ford Crown Victoria, was listed as a trade-in on a bid but did not receive a trade-in offer because it had been wrecked. It has now been repaired and the Sheriff’s Office would like to dispose of it. Vaught Boys, a company that purchased the other trade-ins indirectly through Laird Noller Ford would like to purchase this vehicle and have made an offer in the amount of $5000. This offer compares with the offers received for the other trade-ins. A motion was made by Johnson to accept the $5000 offer received from Vaught Boys, seconded by Jones and carried unanimously.<o:p></o:p></P> <P><B>RESOLUTIONS 01-28-02<o:p></o:p></B></P> <P>The Board considered approval of the imposition of restrictions on certain outdoor burning practices in the unincorporated area of Douglas County. A motion was made by Jones to approve Resolution No. 02-04 imposing restrictions on certain outdoor burning practices in the Unincorporated area of Douglas County until January 30, 2002. Johnson seconded and the motion carried unanimously.<o:p></o:p></P> <P><B>ACCOUNTS PAYABLE 01-28-02<o:p></o:p></B></P> <P>Jones made a motion to approve accounts payable in the amount of $1,107,220.45 to be paid 1/28/02; accounts payable manual checks in the amount of $1062.90; payroll in the amount of $526,676.98; electronic funds transfers in the amounts of $39,227.20 for FICA, and $35,179.71 for KPERS; and ACH Bank Transfer in the amount of $1,039,067.51.<o:p></o:p></P> <P><B>APPOINTMENTS 01-28-02<o:p></o:p></B></P> <P>At their meeting on November 12, 2001, the Board adopted Resolution No. 01-38 Amending Douglas County’s Policies Regarding the Deposit and Investment of Public Funds. This resolution also established an Investment Advisory Committee to consist of the Douglas County Treasurer, the Director of Administrative Services, and an outside investment professional. Johnson made a motion to appoint Lavern Epp, to serve on the Investment Advisory Committee as the outside investment professional. Motion was seconded by Jones, and carried unanimously.<o:p></o:p></P> <P>McElhaney moved for adjournment; Johnson seconded and the motion carried unanimously.<SPAN style="FONT-FAMILY: Arial"><o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-FAMILY: Arial"> <DIV></DIV>_____________________________<SPAN style="mso-tab-count: 1"> </SPAN>_____________________________<BR>Jere McElhaney, Chairman<SPAN style="mso-tab-count: 1"> </SPAN><SPAN style="mso-tab-count: 1"></SPAN>Bob Johnson, Member</SPAN> <SPAN style="FONT-FAMILY: Arial"><o:p></o:p></SPAN> <P></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial"><o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial">ATTEST:<o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial"><o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial">_____________________________<SPAN style="mso-tab-count: 1"> </SPAN>_____________________________<o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt 3in; TEXT-INDENT: -3in; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial">Patty Jaimes, County Clerk<SPAN style="mso-tab-count: 1"> </SPAN><SPAN style="mso-tab-count: 1"></SPAN>Charles Jones, Member</SPAN></P>

<P>Chairman McElhaney called the meeting to order at 9:00 A.M. on Monday, February 4, 2002. All members were present. The Pledge of Allegiance was recited.&#160;<o:p></o:p></P> <P>Johnson made a motion to approve the minutes of September 10, September 12, and September 19, 2002. Jones seconded and the motion carried unanimously.<o:p></o:p></P> <P><B>CONSENT AGENDA 02-04-02<o:p></o:p></B></P> <P>Jones made a motion to approve the following Consent Agenda:<o:p></o:p></P> <UL type=disc> <LI class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto; mso-list: l12 level1 lfo13; tab-stops: list .5in">Approve Commissioners Order Nos. 4986, 4987, and 4988. Orders are on file in the office of the County Clerk; and<o:p></o:p></LI> <LI class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto; mso-list: l12 level1 lfo13; tab-stops: list .5in">Approve fee reports for the month of December 2001.<o:p></o:p></LI></UL> <P>Motion was seconded by Johnson and carried unanimously.<o:p></o:p></P> <P><B>PLANNING 02-04-02<o:p></o:p></B></P> <P>The Board discussed SP-01-03-02 — A site plan for a new church facility and shop building located on the southwest corner of N 1800 Road and E 800 Road (795 N 1800 Road). Submitted by Pastor Scott Hanks for Heritage Baptist Church, property owner of record. Brian Pedrotti, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented the item. The proposed development will include a two-story, 47,500 square-foot church, a 11,250 square-foot workshop building, all associated parking areas, and a lagoon system. Included in the proposal are two accessory living units for the pastor and a maintenance worker. The applicant proposes two vehicular access points for parishioners to E 800 Road, and a maintenance entrance with a locked gate to N 1800 Road. The existing easternmost drive to N 1800 will be removed per the direction of the County Public Works Department due to inadequate sight distance. Pastor Hanks was present and asked the Board to reconsider the elimination of the easternmost drive to N 1800. Pastor Hanks reported that he received an opinion from a police officer in Topeka, Kansas who performed a sight distance analysis. The analysis indicated there was twice as much sight distance as needed. It was the consensus of the Board that the drive be eliminated. Staff recommended approval of the site plan subject to the following conditions:<o:p></o:p></P> <P style="MARGIN-LEFT: 0.5in">1. Provision of a note stating, "Site plan includes 1 on-site accessory living unit for pastor and 12 on-site accessory living unit for maintenance worker."<o:p></o:p></P> <P style="MARGIN-LEFT: 0.5in">2. Provide information on accessory living units under General Notes, including number and square footage.<o:p></o:p></P> <P style="MARGIN-LEFT: 0.5in">3. Provide property dimension on east property line.<o:p></o:p></P> <P style="MARGIN-LEFT: 0.5in">4. Identify the number of proposed seats within the church (300).<o:p></o:p></P> <P style="MARGIN-LEFT: 0.5in">5. Identify the proposed landscaping and materials within parking islands shown. Include the species types.<o:p></o:p></P> <P style="MARGIN-LEFT: 0.5in">6. Show the location of the lagoon system on a revised site plan prior to issuance of a building permit.<o:p></o:p></P> <P style="MARGIN-LEFT: 0.5in">7. Provision of a note stating, "No exterior storage of materials is approved with this site plan."<o:p></o:p></P> <P>Johnson made a motion to approve the site plan subject to the above conditions. Motion was seconded by Jones and approved unanimously.<o:p></o:p></P> <P><B>MISCELLANEOUS 02-04-02<o:p></o:p></B></P> <P>The Board discussed the initiation of the regulation of pig farming. The Board has received odor and trash related complaints from an Lloyd and Karen Haase, 1808 N 1100 Road, regarding a nearby hog farming operation. No action was taken.<o:p></o:p></P> <P><B>SHERIFF &amp; PURCHASING 02-04-02<o:p></o:p></B></P> <P>On January 28, 2002, the Board authorized the sale of a 2000 Crown Victoria with 95,000 to Vaught Boys for $5,000. In the process of making arrangements, staff realized the Purchasing Policy reflects a statutory requirement to publish the sale of all items valued at $1,000. This leaves the following options for disposal of the vehicle:<o:p></o:p></P> <UL type=disc> <LI class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto; mso-list: l2 level1 lfo14; tab-stops: list .5in">Advertise the vehicle for sale and accept the best offer;<o:p></o:p></LI> <LI class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto; mso-list: l2 level1 lfo14; tab-stops: list .5in">Send the vehicle to Nationwide Auction (with a minimum value)<o:p></o:p></LI></UL> <P>Jones made a motion that the vehicle be sent to Nationwide Auction. Johnson seconded and the motion carried unanimously.<o:p></o:p></P> <P><B>PURCHASING 02-04-02<o:p></o:p></B></P> <P>The Board discussed conducting a silent auction for disposal of computer equipment. As the County has been updating computer equipment, we have an inventory earmarked for disposal. Information Technology has maintained a detailed list of the equipment as well as its condition. In an effort to address some requests received this past year, it is recommended that we conduct a silent auction for this equipment. Other municipalities have had success with their silent auctions. The equipment would be sold "as is" with no warranties and the auction will be published. Jones authorized staff to conduct the silent auction. Johnson seconded and the motion carried unanimously.<o:p></o:p></P> <P><B>PUBLIC WORKS &amp; ZONING 02-04-02<o:p></o:p></B></P> <P>The Board discussed a request for a variance to Home Rule Resolution No. HR-00-4-1 regarding the required length of improvements to N 600 Road west of E 2000 Road. Property owners Mike and Jan Dickenson were present for the discussion as well as Keith Browning, Director of Public Works/County Engineer, and Keith Dabney, Director of Zoning and Codes. The Dickensons are in the process of developing the engineered plans to improve the road to County standards. During the plan preparation process, the required length of roadway improvements has been in question. The proposed location for the entrance into the Dickensons’ property is near their east property line approximately 165 feet west of the intersection. The proposed roadway improvements will dead-end at some point west of the Dickensons’ entrance. End-of-Road markers will be installed to warn motorists of the end of the travelable road surface. The issue to be determined is whether or not the road must be improved beyond the entrance to the Dickensons’ property, and if so, how far past the entrance. Home Rule Resolution No. HR-00-4-1 requires a tract of land must have "250 feet of frontage along a public road from which the dwelling or mobile home gains its primary access" in order to obtain a building permit. If the requirement in HR-00-4-1 is interpreted to mean <I>improved</I> public road, then the improvements will need to extend an additional 220 feet west of the entrance. The property currently fronts public road right-of-way along the length of its south line. Johnson made a motion that the property owners (Mike and Jan Dickenson) be required to improve N 600 Road to County standards from the existing curved intersection of N 600 Road with E 2000 Road to a point approximately fifty (50) feet west of the proposed entrance into the Dickensons’ property, a total distance of approximately 225 linear feet. Provided that the road is improved to County standards to approximately fifty (50) feet west of the proposed entrance, a variance to the requirement of improving 250 linear feet of roadway abutting the property line is granted pursuant to Section 1.e of HR-00-4-1 for the following reasons:<o:p></o:p></P> <P style="MARGIN-LEFT: 0.5in">1. The topography of the area is such that roadway improvements would dead end on a downgrade of 10% slope. The severe slope would make it very difficult for a vehicle proceeding to the dead end to stop, turn around, and reverse direction.<o:p></o:p></P> <P style="MARGIN-LEFT: 0.5in">2. Given the fact the road would dead end on the severe slope discussed in (1) above, End-of-Road markers will be required just past the proposed entrance. Constructing the road past the End-of-Road markers would be an unreasonable waste of money and would constitute unnecessary hardships upon the property owner.<o:p></o:p></P> <P style="MARGIN-LEFT: 0.5in">3. Maintaining a roadway that dead ends past the proposed entrance would be difficult and would be a drain on township resources.<o:p></o:p></P> <P style="MARGIN-LEFT: 0.5in">4. The variance will enhance the public’s general welfare by lessening the chance of littering, vandalism and/or other illegal activities occurring at the isolated dead end of the roadway.<o:p></o:p></P> <P style="MARGIN-LEFT: 0.5in">5. The granting of this variance is not opposed to the general spirit and intent of this resolution since the property owner has greater than 250 linear feet of frontage along public road right-of-way thereby limiting the density of any future entrances that may be constructed if the road is further improved in the future.<o:p></o:p></P> <P>McElhaney seconded and the motion carried unanimously.<o:p></o:p></P> <P><B>APPOINTMENTS 02-04-02<o:p></o:p></B></P> <P>Johnson made a motion to appoint Janet Campbell, 1707 Oak, Eudora, KS 66025, to the Douglas County Advocacy on Aging Board. Motion was seconded by Jones and carried unanimously.<o:p></o:p></P> <P><B>ACCOUNTS PAYABLE 02-04-02<o:p></o:p></B></P> <P>Jones made a motion to approve accounts payable in the amount of $483,174.77 to be paid 2/4/02. Motion was seconded by Johnson and carried unanimously.<o:p></o:p></P> <P>Johnson made a motion to adjourn; seconded by Jones and carried unanimously.<SPAN style="FONT-FAMILY: Arial"><o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-FAMILY: Arial"> <DIV></DIV>_____________________________<SPAN style="mso-tab-count: 1"> </SPAN>_____________________________<BR>Jere McElhaney, Chairman<SPAN style="mso-tab-count: 1"> </SPAN><SPAN style="mso-tab-count: 1"></SPAN>Bob Johnson, Member</SPAN> <SPAN style="FONT-FAMILY: Arial"><o:p></o:p></SPAN> <P></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial"><o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial">ATTEST:<o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial"><o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial">_____________________________<SPAN style="mso-tab-count: 1"> </SPAN>_____________________________<o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt 3in; TEXT-INDENT: -3in; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial">Patty Jaimes, County Clerk<SPAN style="mso-tab-count: 1"> </SPAN><SPAN style="mso-tab-count: 1"></SPAN>Charles Jones, Member</SPAN></P>

<P><SPAN style="FONT-FAMILY: Arial">Chairman McElhaney called the meeting to order at 6:37 P.M. on Wednesday, February 6, 2002. All members were present. The Pledge of Allegiance was recited.&#160;<o:p></o:p></SPAN></P> <P><B><SPAN style="FONT-FAMILY: Arial">CONSENT AGENDA 02-06-02<o:p></o:p></SPAN></B></P> <P><SPAN style="FONT-FAMILY: Arial">Jones made a motion to approve the following Consent Agenda:<o:p></o:p></SPAN></P> <UL type=disc> <LI class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto; mso-list: l10 level1 lfo12; tab-stops: list .5in"><SPAN style="FONT-FAMILY: Arial">Approve Commissioners Order Nos. 4989, 4990 and 4991. Orders are on file in the office of the County Clerk.<o:p></o:p></SPAN></LI></UL> <P><SPAN style="FONT-FAMILY: Arial">Johnson seconded and the motion carried unanimously.<o:p></o:p></SPAN></P> <P><B><SPAN style="FONT-FAMILY: Arial">MISCELLANEOUS 02-06-02<o:p></o:p></SPAN></B></P> <P><SPAN style="FONT-FAMILY: Arial">Dan Barrow, Barrow Trading Company, and Eugene Kimmi, Kimmi Lumber and Saw Mill, made presentations regarding proposed Conditional Use Permit requirement for commercial logging operations. No action was taken.<o:p></o:p></SPAN></P> <P><B><SPAN style="FONT-FAMILY: Arial">ACCOUNTS PAYABLE 02-06-02<o:p></o:p></SPAN></B></P> <P><SPAN style="FONT-FAMILY: Arial">Johnson made a motion to approve accounts payable in the amount of $1,914,689.02 to be paid 2/11/02; and accounts payable manual checks in the amount of $1,234.30. Jones seconded and the motion carried unanimously.<o:p></o:p></SPAN></P> <P><SPAN style="FONT-FAMILY: Arial">Johnson made a motion to adjourn; seconded by Jones and carried unanimously.<o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial"> <DIV></DIV>_____________________________<SPAN style="mso-tab-count: 1"> </SPAN>_____________________________<BR></SPAN><SPAN style="FONT-FAMILY: Arial">Jere McElhaney, Chairman<SPAN style="mso-tab-count: 1"> </SPAN><SPAN style="mso-tab-count: 1"></SPAN>Bob Johnson, Member<o:p></o:p></SPAN> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial"><o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial">ATTEST:<o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial"><o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial">_____________________________<SPAN style="mso-tab-count: 1"> </SPAN>_____________________________<o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt 3in; TEXT-INDENT: -3in; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial">Patty Jaimes, County Clerk<SPAN style="mso-tab-count: 1"> </SPAN><SPAN style="mso-tab-count: 1"></SPAN>Charles Jones, Member</SPAN></P>

<P>Chairman McElhaney called the meeting to order at 9:03 A.M. on Monday, February 11, 2002. All members were present. The Pledge of Allegiance was recited.&#160;<o:p></o:p></P> <P>Johnson moved approval of the minutes of October 3 and October 10, 2001; Jones seconded and the motion carried unanimously.<o:p></o:p></P> <P><B>CONSENT AGENDA 02-11-02<o:p></o:p></B></P> <P>Jones moved approval of the following Consent Agenda:<o:p></o:p></P> <UL type=disc> <LI class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto; mso-list: l7 level1 lfo11; tab-stops: list .5in">Approve Commissioners Order No. 4992. Order is on file in the office of the County Clerk;<o:p></o:p></LI> <LI class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto; mso-list: l7 level1 lfo11; tab-stops: list .5in">Approve two (2) Out-District College Tuition Statements in the Amount of $180; and<o:p></o:p></LI> <LI class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto; mso-list: l7 level1 lfo11; tab-stops: list .5in">Approve the purchase of 2,4-DA from Vegetation Management Supply, Inc. and the purchase of all the other chemicals (Glyphosate, Remedy, Tordon 22K and 2,4-D LV) from Lone Pine Acres, Inc.<o:p></o:p></LI></UL> <P>Motion was seconded by Johnson and carried unanimously.<o:p></o:p></P> <P><B>CONTRACTS &amp; PUBLIC WORKS 02-11-02<o:p></o:p></B></P> <P>The Board discussed bids received for asphaltic concrete (BM-2) to be used in pavement patching and machine-laid leveling for the summer maintenance program. Since asphalt plants may break down, or for some other reason, materials may not be available from a particular supplier at a particular time, it is recommended that the County contract with a "primary" supplier and also with a "secondary" supplier. Jones made a motion to contract with LRM Industries for the supply of 5,001-8,000 tons of BM-2 mix @ $21.15/ton and Asphalt Sales for the supply of 1,000-5,000 tons of BM-2 mix @ $25.00/ton. Motion was seconded by Johnson and carried unanimously.<o:p></o:p></P> <P><B>AGREEMENTS AND SEWER DISTRICTS 02-11-02<o:p></o:p></B></P> <P>The Board considered approval of a Cooperation Agreement with the City of Lawrence for construction of sanitary sewer facilities in Baldwin Creek No. 2 (County) Benefit District and Westwood Hills (City) Benefit District. This Cooperation Agreement is for a joint project to design and construct sanitary sewer facilities to serve both benefit districts. Under the agreement, each party will be responsible for all costs associated with improvements to its respective benefit district. Costs for gravity lines are apportioned to each respective district where the lines are situated. Costs for the pump station and force mains are apportioned to each district according to calculated sewage rates for each district. Baldwin Creek #2 will be responsible for 24.88% of the pump station, force mains and related costs. The City of Lawrence will administer the project, and will invoice Douglas County periodically for the County’s share of engineering and construction costs. Johnson made a motion to authorize the Chair to execute the Cooperation Agreement. Jones seconded and the motion carried unanimously.<o:p></o:p></P> <P><B>ACCOUNTS PAYABLE 02-11-02<o:p></o:p></B></P> <P>Jones made a motion to approve accounts payable manual checks in the amount of $2,127.05; payroll in the amount of $550,390.57; electronic funds transfers for FICA for $41,039.75, and KPERS in the amount of $33,247.91 to be paid 2/8/02. Motion was seconded by Johnson and carried unanimously.<o:p></o:p></P> <P>At 9:20 A.M., McElhaney made a motion that the Board recess to go into Executive Session for 30 minutes to discuss land acquisition with Evan Ice, County Counselor; Craig Weinaug, County Administrator; Pam Madl, Director of Administrative Services; and Keith Browning, Director of Public Works/County Engineer. The Board returned to regular session at 9:40 A.M. No action was taken.<o:p></o:p></P> <P>Jones moved for adjournment; Johnson seconded and the motion carried unanimously.<o:p></o:p></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial"> <DIV></DIV>_____________________________<SPAN style="mso-tab-count: 1"> </SPAN>_____________________________<BR></SPAN><SPAN style="FONT-FAMILY: Arial">Jere McElhaney, Chairman<SPAN style="mso-tab-count: 1"> </SPAN><SPAN style="mso-tab-count: 1"></SPAN>Bob Johnson, Member<o:p></o:p></SPAN> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial"><o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial">ATTEST:<o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial"><o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial">_____________________________<SPAN style="mso-tab-count: 1"> </SPAN>_____________________________<o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt 3in; TEXT-INDENT: -3in; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial">Patty Jaimes, County Clerk<SPAN style="mso-tab-count: 1"> </SPAN><SPAN style="mso-tab-count: 1"></SPAN>Charles Jones, Member</SPAN></P>

<P>Chairman McElhaney called the meeting to order at 6:35 P.M. on Wednesday, February 13, 2002. All members were present. The Pledge of Allegiance was recited.&#160;<o:p></o:p></P> <P><B>CONSENT AGENDA 02-13-02<o:p></o:p></B></P> <P>Johnson moved approval of the following Consent Agenda:<o:p></o:p></P> <UL type=disc> <LI class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto; mso-list: l6 level1 lfo9; tab-stops: list .5in">Approve Commissioners Order Nos. 4993, 4994 and 4995. Orders are on file in the office of the County Clerk;<o:p></o:p></LI> <LI class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto; mso-list: l6 level1 lfo9; tab-stops: list .5in">Authorize the Chair to execute a Concession Agreement between Douglas County, Kansas and Bonnie and Harold Keylon to provide concession services at Lone Star Park.<o:p></o:p></LI> <LI class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto; mso-list: l6 level1 lfo9; tab-stops: list .5in">Approve Resolution No. 02-05 Amending the Rules and Regulations at Lone Star Lake and Park, and Repealing Resolution No. 96-55.<o:p></o:p></LI></UL> <P>Motion was seconded by Jones and carried unanimously.<o:p></o:p></P> <P><B>ANNEXATION 02-13-02<o:p></o:p></B></P> <P>The Board considered approval of a request from the City of Eudora requesting the Douglas County Commission to make certain findings regarding the annexation of property located in the East Half of the Northeast Quarter of Section 17, Township 13 South, Range 21 East of the 6<SUP>th</SUP> Principal Meridian, in Douglas County, Kansas. Ron Conner, Mayor of the City of Eudora, and Eugene Westerhouse, Township Trustee, were present for the discussion. Johnson made a motion that the Board of County Commissioners of Douglas County, Kansas, finds and determines that the requested annexation will not hinder or prevent the proper growth and development of the area or that of any other incorporated city located within Douglas County, Kansas, all as provided by K.S.A. 12-520c. Motion was seconded by Jones and carried unanimously.<o:p></o:p></P> <P><B>PLANNING 02-13-02<o:p></o:p></B></P> <P>The Board considered Item No. 2 of the Lawrence-Douglas County Metropolitan Planning Commission dated January 23, 2002. This item is CUP-12-13-01 — Conditional Use Permit request for a greenhouse with retail sales at 1211 E 2200 Road. The property is approximately 1.42 acres. This property is located within three miles of Eudora city limits which necessitated a joint public hearing at the Planning Commission level. Requested by Donald R. Grinnell, property owner of record. Brian Pedrotti, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. Pedrotti noted that both the Lawrence-Douglas County Planning Commission and the Eudora Planning Commission heard the item at the public hearing on January 23, 2002 and there were therefore two (2) recommendations. Both recommendations were unanimous for denial recommending the applicant begin the process for annexation into the City of Eudora. Donald Grinnell, property owner, addressed the Commission and expressed concerns regarding the annexation of his land. Jones made a motion to deny CUP-12-13-01; Johnson seconded and the motion carried unanimously.<o:p></o:p></P> <P><B>PLANNING 02-13-02<o:p></o:p></B></P> <P>The Board considered Item No. 6 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated January 23, 2002. This item is CUP-12-11-01 — Conditional Use Permit request for Enright Gardens, located at 2351 N 400 Road, Edgerton Kansas. There are four tracts with a total of 50 acres. Requested by Robert and Susan Enright, property owners of record. Brian Pedrotti presented the item. This item comes to the Board with a recommendation for approval based on the following Findings of Fact:<o:p></o:p></P> <P><B>Zoning and uses of property nearby.</B> The subject site is located on N 400 Road. Surrounding zoning includes A (Agricultural) on all sides. Surrounding land uses are primarily agricultural.<o:p></o:p></P> <P><B>Character of the area.</B> The northern portion of the property is currently developed with Enright Gardens. The remainder of the property is agricultural. The character of the surrounding area is agricultural.<o:p></o:p></P> <P><B>Suitability of subject property for the uses to which it has been restricted.</B> <o:p></o:p></P> <P>The subject site is suitable for the proposed uses of agricultural products sales.<o:p></o:p></P> <P><B>Length of time subject property has remained vacant as zoned.</B> The subject property is developed with the Enright Gardens business. The primary sales use has existed for over 20 years. The property has been zoned A (Agricultural District) since 1966.<o:p></o:p></P> <P><B>Extent to which removal of restrictions will detrimentally affect nearby property.</B> Traffic, visual, and noise impacts from the site will not substantially change from past conditions. The proposal should not detrimentally affect nearby property.<o:p></o:p></P> <P><B>Relative gain to the public health, safety and welfare by the destruction of the value of the petitioner’s property as compared to the hardship imposed upon the individual landowners.</B> The primary benefit and/or gain to the public health, safety, and welfare of the Conditional Use Permit for the market is that it would provide residents and businesses of Douglas County with an option for farm-grown agricultural and ag-related products. Denial of the request would impose a hardship on the applicant by requiring them to cease any non-farm product sales.<o:p></o:p></P> <P><B>Conformance with <I>The Comprehensive Plan</I>.</B> The Conditional Use Permit for the proposed facility is not in conflict with <I>Horizon 2020</I>.<o:p></o:p></P> <P>AND subject to the following conditions:<o:p></o:p></P> <P style="MARGIN-LEFT: 0.5in">1. Revise the face of the site plan to provide the following information:<o:p></o:p></P> <P style="MARGIN-LEFT: 1in">a. Provision of a note on the site plan indicating that the site plan for a public or governmental building(s) and facilities has been designed to comply with the provisions of the Americans with Disabilities Act Accessibility Guidelines.<o:p></o:p></P> <P style="MARGIN-LEFT: 1in">b. Provision of a note on the site plan stating, "Retail sales of items not produced on site is limited to 3,500 square feet of floor area."<o:p></o:p></P> <P style="MARGIN-LEFT: 1in">c. Provide a minimum of 18 parking spaces on the site.<o:p></o:p></P> <P style="MARGIN-LEFT: 0.5in">2. Provision of a note on the face of the site plan stating, "The Conditional Use Permit will be re-evaluated by the County Commission in February, 2007. The CUP will expire in February, 2012. Continuation of the use beyond February 2012 will require rezoning or approval of a new CUP,"<o:p></o:p></P> <P>Jones made a motion to approve CUP-12-11-01 subject to the above conditions. Johnson seconded and the motion carried unanimously.<o:p></o:p></P> <P><B>PLANNING 02-13-02<o:p></o:p></B></P> <P>The Board considered Item No. 5 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated January 23, 2002. This item is CUP-12-12-01 — Conditional Use Permit request for Western Resources expansion of the S.W. Lawrence Substation, located at 1287 E 1200 Road (south of 31<SUP>st</SUP> Street &amp; Kasold). This CUP request shows Phase 1 improvements planned for Spring 2002 to tie the existing substation to the new transmission lines recently installed west of Lawrence. Requested by Cindy Risch, substation engineer for Western Resources, property owner of record. Sandra Day, staff member of the Lawrence-Douglas County Metropolitan Planning Department, was present for the discussion. This item comes to the Board with a recommendation for approval based on the following Findings of Fact:<o:p></o:p></P> <P><B>Zoning and uses of property nearby.</B> The surrounding property in all directions is used for agricultural purposes.<o:p></o:p></P> <P><B>Character of the area.</B> The subject property is located south of the City Limits on the west side of Kasold Drive (extended), a designated future arterial street. This area is currently used for agricultural purposes. The subject property is located in Service Area One, as shown on Figure 9 of <I>Horizon 2020</I>. This area is anticipated for very low-density residential uses and park and openspace uses because of the proximity to the 100-year floodplain. It is anticipated for very low impact development in the future.<o:p></o:p></P> <P><B>Suitability of subject property for the uses to which it has been restricted.</B> As noted above, the subject property is zoned for both Agricultural and Valley Channel land uses. The suitability of the subject property for its current use will not be altered by the approval of a CUP for the expansion of the existing utility facility. There are no residential uses immediately adjacent to the facility. The "undeveloped" nature of the surrounding area contributes the suitability of the use and the anticipation of little or no impact on surrounding areas.<o:p></o:p></P> <P><B>Extent to which removal of restrictions will detrimentally affect nearby property.</B> No detrimental impacts are anticipated by the expansion of a utility facility; in part because of the base zoning will not be altered. The proposed facility will require additional permit approval for construction within the 100-year floodplain.<o:p></o:p></P> <P><B>Length of time subject property has remained vacant as zoned.</B> The subject property is currently developed as an electrical substation facility that services the southwest portion of the City of Lawrence and surrounding unincorporated area. It has been zoned for agricultural purposes since the adoption of the County Zoning Resolution in 1966. The existing facility was constructed in 1967.<o:p></o:p></P> <P><B>Relative gain to the public health, safety, and welfare by the destruction of the value of the petitioner’s property as compared to the hardship imposed upon the individual landowners.</B> Electrical service is a basic utility. Given the growth and development of the service area, staff finds that the general public will benefit from the improved and expanded services proposed by the applicant.<o:p></o:p></P> <P><B>Conformance with <I>The Comprehensive Plan</I>.</B> <I>Horizon 2020</I> d&#160;s not directly address the issue of special or conditional uses. The plan provides basic guidance regarding major infrastructure improvements and urges that such uses be carefully planned and provided. The provision of such services should be focused in existing service areas to address growth. The proposed request is consistent with the land use recommendations found in <I>Horizon 2020</I>.<o:p></o:p></P> <P>AND subject to the following conditions:<o:p></o:p></P> <P style="MARGIN-LEFT: 0.5in">1. Provision of a revised site plan to include the following changes:<o:p></o:p></P> <P style="MARGIN-LEFT: 1in">a. Relocation of the proposed equipment building to comply with the minimum front building setbacks per staff approval.<o:p></o:p></P> <P style="MARGIN-LEFT: 1in">b. Show location of driveway on overall plan of site.<o:p></o:p></P> <P style="MARGIN-LEFT: 1in">c. Provision of the following note: Applicant shall obtain approval of a building permit and local flood plain development permit prior to construction of any site improvements.<o:p></o:p></P> <P style="MARGIN-LEFT: 1in">d. Provide dimensional scale for elevations.<o:p></o:p></P> <P>Johnson made a motion to approve CUP-12-12-01 subject to the above conditions. Motion was seconded by Jones and carried unanimously.<o:p></o:p></P> <P><B>PLANNING 02-13-02<o:p></o:p></B></P> <P>The Board considered Item No. 7 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated January 23, 2002.This item is FDP-12-15-01: Community Unit Plan (County) request for Morning Star Church, located at the NE corner of N 1771 &amp; E 1000 Road, and legally described as: Oak Ridge Estates, Lot 1. Requested by Hernly Associates, Inc. for Morning Star Church, owner of record. Sandra Day presented the item. This item comes to the Board with a unanimous recommendation for approval of the Community Unit Plan of Morning Star Church, subject to the following conditions:<o:p></o:p></P> <P style="MARGIN-LEFT: 0.5in">1. Provision of a revised copy of the final development plan with signature blocks for the Chairman of the Board of County Commissioners and the Director of Planning.<o:p></o:p></P> <P style="MARGIN-LEFT: 0.5in">2. Dedicate additional 10' of right-of-way for E 1000 Road, including a note to show the deed book and page reference on the site plan.<o:p></o:p></P> <P style="MARGIN-LEFT: 0.5in">3. Dedicate additional 15' easement along east property line for utilities, including a note to show the deed book and page reference on the site plan.<o:p></o:p></P> <P style="MARGIN-LEFT: 0.5in">4. Provision of a revised drawing to include the following changes:<o:p></o:p></P> <P style="MARGIN-LEFT: 1in">a. Show 50' of right-of-way from centerline for E 1000 Road.<o:p></o:p></P> <P style="MARGIN-LEFT: 1in">b. Show revised site improvements relocated 25' to the west to accommodate additional right-of-way and utility easements.<o:p></o:p></P> <P style="MARGIN-LEFT: 1in">c. Relocated parking lot a minimum of 30' from E 1000 Road right-of-way and 25' from N 1771 Road.<o:p></o:p></P> <P style="MARGIN-LEFT: 1in">d. Show dedicated area for sanitary sewer disposal use on site as non-buildable area for dedicated purpose to include all applicable setbacks from property lines and site improvements per the approval of the County Health Department.<o:p></o:p></P> <P style="MARGIN-LEFT: 1in">e. Provision of a note on the face of the development plan which states that erosion control shall be practiced during construction.<o:p></o:p></P> <P style="MARGIN-LEFT: 0.5in">5. Approval of a sanitary sewage disposal system prior to issuance of building permit.<o:p></o:p></P> <P style="MARGIN-LEFT: 0.5in">6. Provision of a note on the face of the site plan that states, "There shall be no direct access to 1000 Road."<o:p></o:p></P> <P style="MARGIN-LEFT: 0.5in">7. Execution and provision of a recorded copy of an agreement with the Home Owners Association of Oak Ridge Estates which specifies that maintenance of 1771 Road shall be the responsibility of Morning Star Church from E 1000 Road to the western most entrance.<o:p></o:p></P> <P style="MARGIN-LEFT: 0.5in">8. Provision of a note on the face of the site plan which states, "All parking shall be provided on site, no parking shall be permitted on 1771 Road."<o:p></o:p></P> <P>Jones made a motion to approve FDP-12-15-01 subject to the above condition. Motion was seconded by Johnson and carried unanimously.<o:p></o:p></P> <P><B>PLANNING 02-13-02<o:p></o:p></B></P> <P>The Board conducted a joint work session on 5 acre exception. No action was taken.<o:p></o:p></P> <P><B>ACCOUNTS PAYABLE 02-13-02<o:p></o:p></B></P> <P>Jones moved approval of accounts payable manual checks in the amounts of $2003.00 and $1250.00. Motion was seconded by Johnson and carried unanimously.<o:p></o:p></P> <P>McElhaney moved for adjournment; Johnson seconded and the motion carried unanimously.<o:p></o:p></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial"> <DIV></DIV>_____________________________<SPAN style="mso-tab-count: 1"> </SPAN>_____________________________<BR></SPAN><SPAN style="FONT-FAMILY: Arial">Jere McElhaney, Chairman<SPAN style="mso-tab-count: 1"> </SPAN><SPAN style="mso-tab-count: 1"></SPAN>Bob Johnson, Member<o:p></o:p></SPAN> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial"><o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial">ATTEST:<o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial"><o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial">_____________________________<SPAN style="mso-tab-count: 1"> </SPAN>_____________________________<o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt 3in; TEXT-INDENT: -3in; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial">Patty Jaimes, County Clerk<SPAN style="mso-tab-count: 1"> </SPAN><SPAN style="mso-tab-count: 1"></SPAN>Charles Jones, Member</SPAN></P>

<P>Chairman McElhaney called the meeting to order at 9:06 A.M. on Monday, February 18, 2002. All members were present. The Pledge of Allegiance was recited.&#160;<o:p></o:p></P> <P><B>CONSENT AGENDA 02-18-02<o:p></o:p></B></P> <P>Jones moved approval of the following Consent Agenda:<o:p></o:p></P> <UL type=disc> <LI class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto; mso-list: l6 level1 lfo8; tab-stops: list .5in">Approve Commissioners Order No. 4996. Order is on file in the office of the County Clerk; and<o:p></o:p></LI> <LI class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto; mso-list: l6 level1 lfo8; tab-stops: list .5in">Note receipt of the Report of State Forfeitures from Sheriff Trapp.<o:p></o:p></LI></UL> <P>Motion was seconded by Johnson and carried unanimously.<o:p></o:p></P> <P><B>PROPERTY VALUATION 02-18-02<o:p></o:p></B></P> <P>Marion Johnson, County Appraiser, provided a brief update on annual appraisal efforts. He indicated that the 2002 notices would be mailed on February 28, 2002. Overall values increased 9.4%. <o:p></o:p></P> <P><B>PUBLIC WORKS 02-18-02<o:p></o:p></B></P> <P>Keith Browning, Director of Public Works/County Engineer, provided an update on Route 442 Improvement Project No. 23 C-3472-01. Final plans have been submitted to KDOT for the referenced project and easement acquisition activities are ongoing. Discussions with utility companies have been conducted, and agreements for the relocation of facilities have been mailed. Browning noted the costs for relocation of utilities will be significant. It is currently estimated that the County’s costs for this project will be $778,343. Browning presented a sample agreement with Rural Water District #3 (RWD#3) for relocation of their facilities. The actual agreement will be presented to the Board for approval following execution by RWD#3. No action was taken.<o:p></o:p></P> <P><B>ACCOUNTS PAYABLE 02-18-02<o:p></o:p></B></P> <P>Johnson moved approval of accounts payable in the amount of $150,325.55 to be paid 2/18/02, and ACH Bank Transfer in the amount of $574,687.50 to be paid on 3/1/02. Motion was seconded by McElhaney and carried unanimously.<o:p></o:p></P> <P>McElhaney moved for adjournment; Jones seconded and the motion carried unanimously.<o:p></o:p></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial"> <DIV></DIV> <P>_____________________________<SPAN style="mso-tab-count: 1"> </SPAN>_____________________________<BR></SPAN><SPAN style="FONT-FAMILY: Arial">Jere McElhaney, Chairman<SPAN style="mso-tab-count: 1"> </SPAN><SPAN style="mso-tab-count: 1"></SPAN>Bob Johnson, Member<o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial"><o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial">ATTEST:<o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial"><o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial">_____________________________<SPAN style="mso-tab-count: 1"> </SPAN>_____________________________<o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt 3in; TEXT-INDENT: -3in; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial">Patty Jaimes, County Clerk<SPAN style="mso-tab-count: 1"> </SPAN><SPAN style="mso-tab-count: 1"></SPAN>Charles Jones, Member</SPAN></P>

<P>Chairman McElhaney called the meeting to order at 9:07 A.M. on Monday, March 4, 2002, with two members present. Commissioner Johnson was absent. The Pledge of Allegiance was recited.&#160;<o:p></o:p></P> <P>McElhaney introduced and welcomed Mark Fagan as the reporter from <I>The Journal-World</I> who will be covering County business. McElhaney then offered congratulations to Kansas University and the basketball program, staff, coaches, families and players on their successful season.<o:p></o:p></P> <P>Jones moved approval of the minutes of October 8 and October 22, 2001. McElhaney seconded and the motion carried.<o:p></o:p></P> <P><B>PROCLAMATION 03-04-02<o:p></o:p></B></P> <P>Cheri McCabre read a Proclamation Proclaiming the Month of March as Disability Awareness Month. Jones moved approval of the Proclamation as stated, seconded by McElhaney and carried.<o:p></o:p></P> <P><B>CONSENT AGENDA 03-04-02<o:p></o:p></B></P> <P>Jones moved approval of the following Consent Agenda:<o:p></o:p></P> <UL type=disc> <LI class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto; mso-list: l1 level1 lfo7; tab-stops: list .5in">Approve Commissioners Order Nos. 4997, 4998, 4999, 5000, 5001 and 5002. Orders are on file in the office of the County Clerk; and<o:p></o:p></LI> <LI class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto; mso-list: l1 level1 lfo7; tab-stops: list .5in">Note receipt of Fee Reports for the month of January.<o:p></o:p></LI></UL> <P>Motion was seconded by McElhaney and carried.<o:p></o:p></P> <P><B>AMBULANCE &amp; PURCHASES 03-04-02<o:p></o:p></B></P> <P>Mark Bradford, Deputy Chief of the Lawrence-Douglas County Fire and Medical Service, appeared before the Board requesting approval to waive the bid process for the purchase of an upgrade to the EMS billing software. Bradford explained that the present DOS version of "Sweet" EMS Billing software was purchased in March 1996. This software manages ambulance fees, EMS standby fees and public CPR fees along with claim processing. Over twenty thousand accounts have been established in this system and it is one of the most widely used EMS billing software systems in the region. In January 2002, Sweet Computer Services, Inc. informed all its clients that it would no longer support its DOS version. The change is due not only to technological advances to windows based programs, but the requirements to electronically transmit claims. The current version will not permit electronic filing which would place a significant additional workload on staff. The costs associated with the upgrade are as follows:<o:p></o:p></P> <P style="MARGIN-LEFT: 0.5in">Upgrade to "Amazon Billing Software" $31,850.00<BR>Support — Annual <U>3,420.00<BR></U>Subtotal $35,270.00<BR>Upgrade Discount -14,310.00<BR>Shipping <U>25.00<BR></U>Total $20,985.00<BR>Training — Travel Costs for Instructor <U>$ 1,500.00<BR></U>(Estimate — Not to exceed)<BR>GRAND TOTAL $22,485.00<o:p></o:p></P> <P>Jones stated that he is uncomfortable waiving the bid process since he believes it serves a useful function. Jones then made a motion to waive the bid process asking that it be used in the future. McElhaney seconded and the motion carried.<o:p></o:p></P> <P>Jones then made a motion to approve the purchase of the Amizon upgrade from Sweet Computer Services, Inc. in an amount not to exceed $22,485. Motion was seconded by McElhaney and carried.<o:p></o:p></P> <P><B>PURCHASING 03-04-02<o:p></o:p></B></P> <P>The Board discussed the conversion of microfilm to compact disc. Sue Neustifter, Register of Deeds, was present for the discussion. This process was budgeted in 2001 but was put on hold due to several other projects that took priority. An estimate of $36,000 was obtained in 1999 from Mid-Continent Micrographics, Inc. Jones made a motion to waive the bid process for the conversion of microfilm by Mid-Continent Micrographics, Inc. in an amount not to exceed $36,000. Motion was seconded by McElhaney and carried.<o:p></o:p></P> <P><B>PUBLIC WORKS &amp; PURCHASING 03-04-02<o:p></o:p></B></P> <P>The Board discussed bids received for crushed rock aggregates used for road and channel maintenance. Jones made a motion to accept the bids from Hunt Midwest for AB-3 in the amount of $25,750 for 5,000 tons from the Lawrence quarry and $31,500 for 7,000 tons from the Globe quarry; and also accept the bid of $15,000 from Hunt Midwest for 3,000 tons of shot rock from the Globe quarry.<o:p></o:p></P> <P>Motion was seconded by McElhaney and carried.<o:p></o:p></P> <P><B>ACCOUNTS PAYABLE 02-13-02<o:p></o:p></B></P> <P>Jones moved approval of accounts payable in the amount of $252,863.02 to be paid 2/25/02; $224,793.19 to be paid 3/4/02; accounts payable manual checks in the amounts of $2,432.59 and $1,544.15; payroll in the amount of $535,603.76; electronic funds transfers for FICA in the amount of $39,924.53, and KPERS in the amount of $32,253.98 to be paid 2/22/02. McElhaney seconded and the motion carried.<o:p></o:p></P> <P>McElhaney moved for adjournment; Jones seconded and the motion carried.<SPAN style="FONT-FAMILY: Arial"><o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial">_____________________________<SPAN style="mso-tab-count: 1"> </SPAN>_____________________________<o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial">Jere McElhaney, Chairman<SPAN style="mso-tab-count: 1"> </SPAN><SPAN style="mso-tab-count: 1"></SPAN>Bob Johnson, Member<o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial"><o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial">ATTEST:<o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial"><o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial">_____________________________<SPAN style="mso-tab-count: 1"> </SPAN>_____________________________<o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt 3in; TEXT-INDENT: -3in; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial">Patty Jaimes, County Clerk<SPAN style="mso-tab-count: 1"> </SPAN><SPAN style="mso-tab-count: 1"></SPAN>Charles Jones, Member</SPAN></P>

<P><SPAN style="FONT-FAMILY: Arial">Chairman McElhaney called the meeting to order at 6:35 P.M. on Wednesday, March 6, 2002. All members were present. The Pledge of Allegiance was recited.&#160;<o:p></o:p></SPAN></P> <P><B><SPAN style="FONT-FAMILY: Arial">PROCLAMATION 03-06-02<o:p></o:p></SPAN></B></P> <P><SPAN style="FONT-FAMILY: Arial">Chairman McElhaney read a proclamation proclaiming Kim Thompson-Flick as the 2000-2001 Douglas County First Responder of the Year. Jones moved that the Proclamation be adopted as read; seconded by McElhaney and carried unanimously.<o:p></o:p></SPAN></P> <P><B><SPAN style="FONT-FAMILY: Arial">CONSENT AGENDA 03-06-02<o:p></o:p></SPAN></B></P> <P><SPAN style="FONT-FAMILY: Arial">Jones made a motion to approve the following Consent Agenda:<o:p></o:p></SPAN></P> <UL type=disc> <LI class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto; mso-list: l3 level1 lfo5; tab-stops: list .5in"><SPAN style="FONT-FAMILY: Arial">Approve Commissioners Order Nos. 5003 and 5004. Orders are on file in the office of the County Clerk.<o:p></o:p></SPAN></LI> <LI class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto; mso-list: l3 level1 lfo5; tab-stops: list .5in"><SPAN style="FONT-FAMILY: Arial">Authorize the Chairman to affix his signature to Contracts for Highway Purposes between Douglas County, Kansas and Marvin G. Oshel; Douglas County, Kansas and Catherine L. Nichols Revocable Trust; and Douglas County and Max and Wilma Rife.<o:p></o:p></SPAN></LI></UL> <P><SPAN style="FONT-FAMILY: Arial">Motion was seconded by Johnson and carried unanimously.<o:p></o:p></SPAN></P> <P><B><SPAN style="FONT-FAMILY: Arial">PARKS — WELLS 03-06-02<o:p></o:p></SPAN></B></P> <P><SPAN style="FONT-FAMILY: Arial">McElhaney introduced Karen Flick who was present to discuss the proposed prairie restoration project at Wells Overlook. Ms. Flick advised the Board that she had contacted several people living in the area regarding the project. She noted that there was a consensus that people would like to see the park restored so that families, scouts, schools and community groups could use it again. There was also the consensus that the scrub trees be cleaned out and the large trees be left. Steve Smith, a resident west of the park also spoke in support of keeping as many of the trees as possible. He stated that the maintenance of the infrastructure needs to be addressed. McElhaney thanked Ms. Flick and Mr. Smith for expressing their concerns and comments. He advised that the committee is in the process of exploring different alternatives. No action was taken.<o:p></o:p></SPAN></P> <P><B><SPAN style="FONT-FAMILY: Arial">ZONING &amp; RESOLUTIONS 03-06-02<o:p></o:p></SPAN></B></P> <P><SPAN style="FONT-FAMILY: Arial">The Board discussed approval of the re-establishment of a Home Rule Resolution continuing the establishment of a 250' minimum road frontage requirement. Keith Dabney, Director of Zoning &amp; Codes was present for the discussion. Two drafts of the resolution were presented — the first resolution requires the road to be completed prior to the issuance of a building permit. Linda Finger, Director of the Lawrence-Douglas County Metropolitan Planning Department, recommends approval of this version. The second resolution allows the County Engineer to require a bond and construction plans, but allows a building permit to be issued prior to constructing the road. Keith Browning, County Engineer/Director of Public Works recommends approval of this version. It was the consensus of the Board to adopt the resolution recommended by Browning. Johnson made a motion to approve Home Rule Resolution No. HR-02-03-1, providing for the temporary prohibition of the issuance of permits for the construction or placement of dwellings and mobile homes on certain tracts. Motion was seconded by Jones and carried unanimously.<o:p></o:p></SPAN></P> <P><B><SPAN style="FONT-FAMILY: Arial">TOWNSHIPS 03-06-02<o:p></o:p></SPAN></B></P> <P><SPAN style="FONT-FAMILY: Arial">The Board discussed the possibility of creating a Marion Township Fire District. Craig Weinaug, County Administrator, explained that some citizens in Marion Township who have been exploring the possibility of finding alternatives for fire protection. He explained that they are currently under a fire district that is based out of Osage County and are interested in other alternatives that would possibly improve their fire insurance rating for this area. He noted that if this effort is pursued, the first step would be to obtain an agreement with Osage County to de-annex that particular territory in Douglas County from their tax base. This is something that is completely within their prerogative to approve or not to approve. He also noted that this meeting is only for the purpose to expose the Board to the issues. <o:p></o:p></SPAN></P> <P><SPAN style="FONT-FAMILY: Arial">Evan Ice, County Counselor, was present and explained the process of de-annexation.<o:p></o:p></SPAN></P> <P><SPAN style="FONT-FAMILY: Arial">Bruce Snodgrass spoke in support of creating a fire district noting that improved fire protection would improve insurance ratings. <o:p></o:p></SPAN></P> <P><SPAN style="FONT-FAMILY: Arial">Jim Jolly, Marion Township Treasurer, expressed the Township Board’s position to stay with the status quo. <o:p></o:p></SPAN></P> <P><SPAN style="FONT-FAMILY: Arial">Walt Bigham, Fire Chief for Osage County District 4, defended the performance of the district. He also noted problems in obtaining volunteers.<o:p></o:p></SPAN></P> <P><SPAN style="FONT-FAMILY: Arial">Rod Brown, Chief of Wakarusa Township, expressed his opinion that a local township would be an improvement since response time would be less. He then addressed the issue of volunteers stating that if there’s good leadership, you will keep and retain those volunteers. <o:p></o:p></SPAN></P> <P><SPAN style="FONT-FAMILY: Arial">It was the consensus of the Board that staff be directed to pursue the various issues raised and schedule further discussion in the future. <o:p></o:p></SPAN></P> <P><B><SPAN style="FONT-FAMILY: Arial">AGREEMENTS &amp; COURTHOUSE 03-06-02<o:p></o:p></SPAN></B></P> <P><SPAN style="FONT-FAMILY: Arial">The Board discussed bids received for the installation of a fire sprinkling system in the County Courthouse. Johnson moved approval of the low bid received from Conley Sprinkler, Inc. in the amount of $159,000; seconded by Jones and carried unanimously.<o:p></o:p></SPAN></P> <P><SPAN style="FONT-FAMILY: Arial">McElhaney made a motion for adjournment; seconded by Johnson and carried unanimously.<o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial">_____________________________<SPAN style="mso-tab-count: 1"> </SPAN>_____________________________<o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial">Jere McElhaney, Chairman<SPAN style="mso-tab-count: 1"> </SPAN><SPAN style="mso-tab-count: 1"></SPAN>Bob Johnson, Member<o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial"><o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial">ATTEST:<o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial"><o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial">_____________________________<SPAN style="mso-tab-count: 1"> </SPAN>_____________________________<o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt 3in; TEXT-INDENT: -3in; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial">Patty Jaimes, County Clerk<SPAN style="mso-tab-count: 1"> </SPAN><SPAN style="mso-tab-count: 1"></SPAN>Charles Jones, Member</SPAN></P>

<P>Chairman McElhaney called the meeting to order at 9:09 A.M. on Monday, March 11, 2002, with all members present. The Pledge of Allegiance was recited.&#160;<o:p></o:p></P> <P>Jones moved approval of the minutes of October 23, October 24, and October 25, 2001. Johnson seconded and the motion carried unanimously.<o:p></o:p></P> <P><B>CONSENT AGENDA 03-11-02<o:p></o:p></B></P> <P>Jones moved approval of the following Consent Agenda:<o:p></o:p></P> <UL type=disc> <LI class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto; mso-list: l1 level1 lfo3; tab-stops: list .5in">Approve Commissioners Order No. 5006. Order is on file in the office of the County Clerk;<o:p></o:p></LI> <LI class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto; mso-list: l1 level1 lfo3; tab-stops: list .5in">Authorize Notice to Clinton Township for cereal malt beverage license for Clinton Store;<o:p></o:p></LI> <LI class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto; mso-list: l1 level1 lfo3; tab-stops: list .5in">Approve the eight (8) Out-District College Tuition Statements in the amount of $4,128;<o:p></o:p></LI> <LI class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto; mso-list: l1 level1 lfo3; tab-stops: list .5in">Approve the Township Annual Reports for 2001;<o:p></o:p></LI> <LI class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto; mso-list: l1 level1 lfo3; tab-stops: list .5in">Approve Resolution No. 02-06 ordering the reapportionment of County Commissioner Districts in Douglas County, Kansas; and<o:p></o:p></LI> <LI class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto; mso-list: l1 level1 lfo3; tab-stops: list .5in">Approve the following bids for various signs, posts, and miscellaneous materials for county and township use:<o:p></o:p></LI></UL> <P>Vulcan Signs <SPAN style="mso-tab-count: 1"></SPAN><SPAN style="mso-tab-count: 1"></SPAN>$1,812.67<BR>Donalyn Company 760.60<BR>Newman<SPAN style="mso-tab-count: 1"> </SPAN>6,594.63<BR>Custom Products <SPAN style="mso-tab-count: 1"></SPAN><SPAN style="mso-spacerun: yes"></SPAN>2,802.00<BR>Rocal, Inc.<SPAN style="mso-tab-count: 1"> </SPAN>1,352.00<BR>3M Company <SPAN style="mso-tab-count: 1"></SPAN><SPAN style="mso-tab-count: 1"></SPAN><SPAN style="mso-spacerun: yes"></SPAN><U>800.00</U><BR>Total $14,121.90<o:p></o:p></P> <P>Motion was seconded by Johnson and carried unanimously.<o:p></o:p></P> <P><B>MISCELLANEOUS 03-11-02<o:p></o:p></B></P> <P>The Board discussed House Bill 2828. This bill would give the County Commission the option to call an election to levy a temporary sales tax to finance industrial development and open space. Tim Holverson, Vice President of Public Policy and Bill Sepic, President and CEO, of the Lawrence Chamber of Commerce, and Kelvin Heck spoke in favor of the bill. Don Cashatt spoke in opposition. Jones made a motion to support an amended version of House Bill 2828. Johnson seconded and the motion carried. Jones and Johnson voted yea; McElhaney voted nay.<o:p></o:p></P> <P><B>INFORMATION TECHNOLOGY &amp; PURCHASING 03-11-02<o:p></o:p></B></P> <P>The Board discussed personal computer purchases for 2002. No action was taken.<o:p></o:p></P> <P><B>APPOINTMENTS 03-11-02<o:p></o:p></B></P> <P>Johnson made a motion to appoint Judy Culley, Director of The Shelter, Inc., to the Community Corrections Advisory Board for a two-year term which shall expire in April 2004. Motion was seconded by Jones and carried unanimously.<o:p></o:p></P> <P><B>YOUTH SERVICES AND CONTRACTS 03-11-02<o:p></o:p></B></P> <P>Jones made a motion to waive the bid process and authorize McElhaney to approve change orders for the roof repair/replacement at Youth Services. Johnson seconded and the motion carried unanimously.<o:p></o:p></P> <P>McElhaney moved for adjournment; Jones seconded and the motion carried.<SPAN style="FONT-FAMILY: Arial"><o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial">_____________________________<SPAN style="mso-tab-count: 1"> </SPAN>_____________________________<o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial">Jere McElhaney, Chairman<SPAN style="mso-tab-count: 1"> <SPAN style="mso-tab-count: 1"><SPAN style="mso-tab-count: 1"><SPAN style="mso-tab-count: 1"><SPAN style="mso-tab-count: 1"><SPAN style="mso-tab-count: 1"><SPAN style="mso-tab-count: 1"><SPAN style="mso-tab-count: 1"><SPAN style="mso-tab-count: 1"><SPAN style="mso-tab-count: 1"><SPAN style="mso-tab-count: 1"><SPAN style="mso-tab-count: 1"><SPAN style="mso-tab-count: 1"><SPAN style="mso-tab-count: 1"><SPAN style="mso-tab-count: 1"><SPAN style="mso-tab-count: 1"><SPAN style="mso-tab-count: 1"><SPAN style="mso-tab-count: 1"><SPAN style="mso-tab-count: 1"><SPAN style="mso-tab-count: 1"></SPAN></SPAN></SPAN></SPAN></SPAN></SPAN></SPAN></SPAN></SPAN></SPAN></SPAN></SPAN></SPAN></SPAN></SPAN></SPAN></SPAN></SPAN></SPAN></SPAN><SPAN style="mso-tab-count: 1"></SPAN>Bob Johnson, Member<o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial"><o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial"></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial"></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial">ATTEST:<o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial"><o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial">_____________________________<SPAN style="mso-tab-count: 1"> </SPAN>_____________________________<o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt 3in; TEXT-INDENT: -3in; tab-stops: -1.0in -.5in 0in .5in .75in 1.0in 94.5pt 117.0pt 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in"><SPAN style="FONT-FAMILY: Arial">Patty Jaimes, County Clerk<SPAN style="mso-tab-count: 1"> <SPAN style="mso-tab-count: 1"><SPAN style="mso-tab-count: 1"><SPAN style="mso-tab-count: 1"><SPAN style="mso-tab-count: 1"><SPAN style="mso-tab-count: 1"><SPAN style="mso-tab-count: 1"><SPAN style="mso-tab-count: 1"><SPAN style="mso-tab-count: 1"><SPAN style="mso-tab-count: 1"><SPAN style="mso-tab-count: 1"><SPAN style="mso-tab-count: 1"><SPAN style="mso-tab-count: 1"><SPAN style="mso-tab-count: 1"><SPAN style="mso-tab-count: 1"><SPAN style="mso-tab-count: 1"><SPAN style="mso-tab-count: 1"><SPAN style="mso-tab-count: 1"><SPAN style="mso-tab-count: 1"><SPAN style="mso-tab-count: 1"></SPAN></SPAN></SPAN></SPAN></SPAN></SPAN></SPAN></SPAN></SPAN></SPAN></SPAN></SPAN></SPAN></SPAN></SPAN></SPAN></SPAN></SPAN></SPAN></SPAN><SPAN style="mso-tab-count: 1"></SPAN>Charles Jones, Member</SPAN></P>

<P>Chairman McElhaney called the meeting to order at 6:37 P.M. on Wednesday, March 13, 2002. All members were present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 03-13-02<BR></STRONG>Jones made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5006, 5007, 5008, 5009, 5010 and 5011. Orders are on file in the office of the County Clerk.</LI></UL> <P><STRONG>PUBLIC WORKS 03-13-02<BR></STRONG>The Board conducted a discussion of road issues. Keith Browning, Director of Public Works/County Engineer, led the discussion outlining the following issues:</P> <P>I. Maintenance of County Routes<BR>A. Existing County Route System</P> <P>1. Pavement structure of county routes<BR>A. Aggregate base w/multiple chip seals<BR>B. A.C. overlays<BR>C. A.C. patches<BR>D. Concrete<BR>E. Crushed aggregate</P> <P>2. Traffic counts and characteristics</P> <P>B. Current pavement maintenance practices<BR>1. In-house<BR>A. Patching<BR>B. Crack sealing<BR>C. Routine aggregate road maintenance<BR>2. Contracted<BR>A. Chip seals<BR>B. Overlays</P> <P>C. Cost effectiveness of current maintenance practices<BR>1. Maintenance vs. rehabilitation or reconstruction<BR>2. "Worst-first' vs. preservation of good pavements</P> <P>II. Possibilities for reducing the growth of road maintenance costs<BR>A. Reduce maintenance activities1/2<BR>B. County Unit road system1/2<BR>C. User fees</P> <P>III. Road Planning<BR>A. Road Classification<BR>B. Entrance spacing/frontage requirements based on road classifica tion<BR>C. Individual vs. Shared Entrances</P> <P>Browning also presented several documents pertaining to the discussion. No action was taken.</P> <P><STRONG>PUBLIC WORKS &amp; AGREEMENTS 03-13-02</STRONG><BR>Browning then presented agreements for the relocation of utilities for the Route 442 project. Jones made a motion to approve the agreements with Rural Water District #3 in the amount of $118,339; and Kaw Valley Electric in the amount of $59,500 for utility relocation. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 03-13-02</STRONG><BR>Jones made a motion that whichever Commissioner is available be authorized to sign accounts payable through March 27, 2002 since there will be no meeting until that time. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>APPOINTMENTS 03-13-02<BR></STRONG>Johnson made a motion to appoint Jan Bellinger, 636 E 1600 Road, Baldwin City, Kansas, as Clerk of Palmyra Township. It should be noted that Ms. Bellinger is replacing Alice Randel who resigned. Motion was seconded by Jones and carried unanimously.</P> <P>McElhaney moved for adjournment; Johnson seconded and the motion carried unanimously.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 6:38 P.M. on Wednesday, March 27, 2002. All members were present. The Pledge of Allegiance was recited.</P> <P>Jones made a motion to approve the minutes of October 29 and November 5, 2001. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>CONSENT AGENDA 03-27-02</STRONG><BR>Johnson made a motion to approve the Consent Agenda as follows:</P> <UL> <LI>Approve Resolution No. 02-07 granting a beer license to Clinton Store; and</LI> <LI>Authorize the Chair to execute Contracts for Highway Purposes be tween Douglas County, Kansas and Ben A. Tibbits and Shirley A. Tibbits, husband and wife; Douglas County, Kansas and Philip L. Barlow, a single person; Douglas County, Kansas and James D. Shultz, Jr. and Mary M. Shultz, husband and wife; Douglas County, Kansas and Floyd W. and Regina E. Andrew, husband and wife; and Douglas County, Kansas and Leonard Newby and Constance Newby, husband and wife, for Project No. 23C-3472-01, County Route 442, Stull Road.</LI></UL> <P>Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PARKS 03-27-02</STRONG><BR>McElhaney discussed the possibility of using volunteers to conduct a test plot of conversion of brush to grassland at Wells Overlook Park. It was the consensus of the Commission to proceed.</P> <P><STRONG>PUBLIC WORKS &amp; AGREEMENTS 03-27-02</STRONG><BR>Keith Browning, Director of Public Works/County Engineer, presented a coopera tion agreement between Douglas County, Kansas and the City of Eudora, Kansas. The City of Eudora has opened bids for the reconstruction of Winches ter Road (E 2100 Road) from the K-10 bridge north to Route 442. The existing rock surfaced road will be reconstructed to a curb and gutter, city collector-type roadway. The apparent low bidder submitted a base bid of $695,225.75. Bids were also taken on several alternates for which would approximately total an additional $200,000. The City of Eudora has requested that Douglas County Public Works provide construction engineering services for this project. They propose to reimburse the County for 2/3 of our personnel and equipment costs and 100% of our out-of-pocket costs to provide these services. In addition, the City of Eudora requests that Douglas County contribute $200,000 towards the cost of construction for this project. These funds are programmed in the Capital Improvements Plan for this purpose. Rex Burkhardt, President of the Eudora City Council, made comments on behalf of the City. Jones made a motion to approve the Cooperation Agreement between Douglas County, Kansas and the City of Eudora, Kansas, for partially financing construction and providing construction engineering services for the Winchester Road (E2100 Road) reconstruction project. Johnson seconded and the motion carried unanimously.</P> <P><STRONG>BUDGET 03-27-02</STRONG><BR>The Board conducted a preliminary discussion of the County Budget preparation for 2003. No action was taken.</P> <P><STRONG>ACCOUNTS PAYABLE 03-27-02</STRONG><BR>McElhaney made a motion to authorize accounts payable in the amount of $170,726.28, to be paid 3/25/02; accounts payable manual checks in the amount of $2,558.14; payroll in the amount of $574,719.55; and electronic funds trans fers in the amounts of $35,247.73 for KPERS, and $42,890.91 for FICA, to be paid 3/22/02.</P> <P>Johnson made a motion for adjournment. Jones seconded and motion carried unanimously.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 6:35 P.M. on Wednesday, April 3, 2002. All members were present. The Pledge of Allegiance was recited.</P> <P>Jones made a motion to approve the minutes of November 12, 2001. Johnson seconded and the motion carried unanimously.</P> <P><STRONG>PROCLAMATION 04-03-02</STRONG><BR>Chairman McElhaney read a Proclamation proclaiming April 1-7, 2002 as Public Health Week. Johnson made a motion to adopt the Proclamation as read; Jones seconded and the motion carried unanimously.</P> <P>Chairman McElhaney then read a Proclamation proclaiming the month of April as Fair Housing Month. Jones made a motion to adopt the Proclamation as read; Johnson seconded and the motion carried unanimously.</P> <P><STRONG>CONSENT AGENDA 04-03-02</STRONG><BR>Johnson made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5012, 5013, and 5014. Orders are on file in the office of the County Clerk;</LI> <LI>Approve sixteen (16) Out-District College Tuition Statements in the amount of $115,422;</LI> <LI>Accept the bid received from Deems Farm Equipment in the amount of $11,932 the purchase of one (1) John Deer 5420 Tractor ($18,524 for the tractor; $8,523 for flex-wing finishing mower, less $15,115 for trade-in allowance); and</LI> <LI>Declare that the drug dog has no residual value because of its age and authorize that the dog be given to his handler, Cpl. Gayland Guinn.</LI></UL> <P>Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>RESOLUTIONS &amp; TAX MATTERS 04-03-02</STRONG><BR>The Board considered approval of a resolution ordering the County Counselor to institute a Judicial Tax Foreclosure Action in the District Court of Douglas County, Kansas. Pat Wells, Douglas County Treasurer, was present for the discussion. Johnson made a motion to approve Resolution No. 02-08 ordering said action, seconded by Jones and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 04-03-02</STRONG><BR>The Board discussed a request received from the Grant Four Decades Celebra tion Planning Committee Members asking for special permission to include fireworks in a reunion/community celebration planned for the final day of school on May 24, 2002, at Grant School. Julie Boyle, Director of Communications for the Lawrence Public Schools explained that in October 2001, the Lawrence Board of Education voted to close Grant School due to declining enrollment. The building's history dates back to 1961. The Board of Education decided that a community celebration would be fitting in order to recognize the rich, 40-year history of Grant School and a committee was appointed to plan the celebration. Grant students are working on display materials depicting "student life through the years." They are surveying former students and staff about their memories of Grant School and requesting photos and other memorabilia be sent for display during the Open House. Other activities planned for the evening include a sixth- grade graduation ceremony, a community potluck supper, student entertainment, and a live band. One of the committee's goals is to create a celebratory atmo sphere at this event in appreciation of the school community's unwavering support of and long-standing commitment to the education of Grant students. The committee feels that Grant School should "go out with a bang." Marvin Pine, a veteran Douglas County fireworks vendor, will be responsible for the fireworks display which will be lit at a safe distance from the partyg&#160;rs. This is a non- alcoholic, family-style event. Jones made a motion that staff be directed to prepare a resolution authorizing the fireworks display for this celebration. Johnson seconded and the motion carried unanimously.</P> <P><STRONG>PUBLIC WORKS 04-03-02</STRONG><BR>The Board discussed a request from the Palmyra Township Board to rescind the "minimum maintenance" designation currently in effect for a portion of N 175 Road, between 2031E and E2050 Road. Keith Browning, Director of Public Works/County Engineer, explained the process for rescinding a minimum maintenance designation. Palmyra Township conducted a public hearing regarding the reversal of the designation. The Township then submitted a Certificate of Opinion with the recommendation that the designation be re scinded. The Board of County Commissioners then makes a decision as to whether it should be sent to the Planning Commission requesting their recom mendation. Browning also explained that the road is in an area east of Baldwin, southeast of the Boyd Prairie Reserve Area. Once this order is effective, it would be Palmyra Township's responsibility to maintain the road. Jones asked why the township was requesting the reversal. Browning stated his assumption was a developer was planning to build some houses. Jones stated that it should be the responsibility of the developer to improve the road, not the taxpayers. Johnson stated that he understood Jones' position but noted that under the present form of government, this was really the township's responsibility which makes this sort of an argument for a unit road management system so there is consistency throughout the County. Browning added that each township views these issues differently. Jones suggested that this item be tabled for one week and invite A.J. Barrett, Palmyra Township Trustee, to the Commission meeting to address these concerns. Johnson suggested that this be moved forward asking Browning to communicate this conversation with Mr. Barrett since this isn't the final step. Johnson noted his reluctance to delay this since this is really Palmyra Town ship's responsibility and he didn't want to convey the message that the Commis sion is trying to take over their decisions for roads. Jones stated that he under stood Johnson's rationale but it's hard to convey to the taxpayers the distinction between decisions made by the County and the Cities and Townships. Johnson then made a motion to approve Resolution No. 02-09 initiating the process to consider rescinding the "Minimum Maintenance" designation for a portion of N 175 Road and requesting a recommendation from the Planning Commission. Motion was seconded by McElhaney and carried with Jones voting nay.</P> <P><STRONG>ACCOUNTS PAYABLE 04-03-02<BR></STRONG>Johnson moved approval of accounts payable in the amount of $515,321.32 to be paid 4/1/02; and accounts payable manual checks in the amount of $1,448.25. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>APPOINTMENT 04-03-02</STRONG><BR>Johnson made a motion to appoint Chuck Wright, P.O. Box 107, Lecompton, Kansas, to the Senior Advocacy Council on Aging Board for a three-year term. Jones seconded and the motion carried unanimously.</P> <P>McElhaney made a motion for adjournment. Jones seconded and motion carried unanimously.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 6:35 P.M., on Wednesday, April 10, 2002. All members were present. The Pledge of Allegiance was recited.</P> <P>Jones made a motion to approve the minutes of November 14, 2001. Johnson seconded and the motion carried unanimously.</P> <P><STRONG>CONSENT AGENDA 04-10-02</STRONG><BR>Johnson made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5015. Order is on file in the office of the County Clerk;</LI> <LI>Authorize Notice to Clinton Township regarding application from Linda Steele for a temporary license to sell malt beverages at retail;</LI> <LI>Approve Resolution No. 02-10 amending the administrative structure of Douglas County Community Corrections directing the supervision of the employees of Douglas County Community Corrections to the Chief Judge of the 7th Judicial District of the State of Kansas; and</LI> <LI>Accept the low bid for magnesium chloride from Scotwood Industries at a unit cost of $0.371 per gallon for the user fee dust palliative program.</LI></UL> <P>Jones seconded and the motion carried unanimously.</P> <P><STRONG>PLANNING 04-10-02</STRONG><BR>The Board discussed the possibility of setting up separate planning commis sions. Linda Finger, Director of the Lawrence-Douglas County Metropolitan Planning Department, was present for the discussion. Melinda Henderson offered a copy of the League of Women Voters' study of planning commission issues. Larry Francq, Chairman of the Baldwin City Planning Commission made brief comments. It was the consensus of the Commission not to pursue the possibility of setting up separate planning Commissions.</P> <P><STRONG>EMERGENCY COMMUNICATIONS &amp; PURCHASING 04-10-02</STRONG><BR>Jim Denney, Director of Emergency Communications, presented a request to acquire three (3) public safety emergency radio base stations. In the March 2002 meeting, the Douglas County 911 Advisory Board recommended that 911 Fee Funds be expended to purchase and install:</P> <P>(1) VHF radio repeaters to be used for fire and medical communications in the southern portion of Douglas County; and<BR>(2) 800 MHz radio repeater to expand the trunk system used for law enforcement communications countywide.</P> <P>Johnson made a motion that the Director of Emergency Communications be authorized to establish and put forth a request for approval for two (2) VHF base station repeaters to be installed in the Baldwin area for use of rural fire agencies and Lawrence-Douglas County Fire and Medical. Costs will be approximately $17,000 each to be funded by available 911 Fee Funds; and that the Purchasing Policy be waived authorizing the purchase of one (1) 800 MHz Trunking Re peater to increase trunking capabilities of the existing trunk radio system from State of Kansas Contract #28440. Cost will be $18,074.61 to be funded by available 911 Fee Funds. Jones seconded and the motion carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 04-10-02</STRONG><BR>McElhaney moved approval of accounts payable in the amount of $209,542.87 to be paid 4/8/02; accounts payable manual checks in the amount of $2,588.14; payroll in the amount of $557,459.40; and electronic funds transfers in the amounts of $41,606.13 for FICA, and $34,053.48 for KPERS, to be paid 4/5/02. Jones seconded and the motion carried unanimously.</P> <P><STRONG>APPOINTMENTS 04-10-02</STRONG><BR>McElhaney made a motion to appoint Carl McElwee, 1564 E 1850 Road, Law rence, KS, to the Lawrence-Douglas County Health Board for a three-year term. It should be noted that Mr. McElwee replaces A.J. Rowell who was not eligible for reappointment. Jones seconded and the motion carried unanimously.</P> <P><STRONG>EMERGENCY MANAGEMENT &amp; GRANTS 04-10-02</STRONG><BR>Paula Phillips, Director of Emergency Management, presented a request for authorization the filing of the Office of Justice Domestic Preparedness Terrorism Equipment Support grant. In January 2001, the Office of Judicial Programs Domestic Preparedness Division granted $2 million to the State of Kansas for the purchase of equipment for the response to acts of terrorism. The Kansas High way Patrol administers the grant and Douglas County has received notification of the allocation amount for first responders in Douglas County. Jones made a motion to authorize the filing of the Office of Justice Domestic Preparedness Terrorism Equipment Support grant, and authorize and direct Paula Phillips, Douglas County Emergency Management Director, as the official representative of the County for all activities associated with the grant.</P> <P>McElhaney moved for adjournment. Jones seconded and the motion carried unanimously.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 9:03 A.M. on Monday, April 15, 2002. All members were present. The Pledge of Allegiance was recited.</P> <P>Jones made a motion to approve the minutes of November 12, 2001. Johnson seconded and the motion carried unanimously.</P> <P><STRONG>CONSENT AGENDA 04-15-02</STRONG><BR>Johnson made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5016. Order is on file in the office of the County Clerk.</LI></UL> <P>Jones seconded and the motion carried unanimously.</P> <P><STRONG>COMMUNITY CORRECTIONS &amp; GRANTS 04-15-02</STRONG><BR>The Board considered approval of the Application for Grant Funds for Fiscal Year 2003 for Community Corrections. Ron Stegall, Chief Executive Probation Officer, made a brief presentation of significant events and changes in the program. Jones made a motion to approve the Application for Grant Funds for Fiscal Year 2003; Johnson seconded and the motion carried unanimously.</P> <P><STRONG>COMMUNITY CORRECTIONS 04-15-02</STRONG><BR>Stegall then presented a request for approval of use of reimbursements for Community Corrections. Stegall explained that reimbursements are the those moneys that come to Community Corrections from several sources including Anger Management Class fees, drug and alcohol testing costs, electronic monitoring costs, program fees, etc. These are moneys that are collected by Community Corrections directly from the offender for services provided which have these additional fees or costs attached. In the past, reimbursements remained with the local agency to use as they determined. Since all other funds not spent (unexpended funds) are taken back by the Kansas Department of Corrections (KDOC) at the end of every fiscal year, reimbursements have been the one, and only, source of funds available which could function as a kind of "savings account" for the agency in times of emergency or shortfall, or any other need that is not covered in the normal Community Corrections yearly grant. Over the past few years these funds have been kept separate and available for use to maintain, as much as possible, the present level of staff. A modest amount of approximately $20,000 has been accumulated. During this past year, KDOC proposed new regulations which would treat reimbursements as if they were unexpended funds. In other words, KDOC would begin taking back all reimburse ments each year like they do with unexpended funds. There was a very negative reaction so this proposed regulation around the state, and in the end, KDOC backed off this regulation. Instead, as a compromise, they adopted a regulation that states that the local Community Corrections agencies will be allowed to continue to keep reimbursements at the local level as long as the local agency has approval of both the Advisory Board and the County Commission as to how these funds are to be spent. Stegall presented a Signatory Approval to be executed by the Chair indicating that the Douglas County Commission has reviewed and approved that until further notice, that all Douglas County Commu nity Corrections reimbursements be used for the present and future use of personnel expenses, including salary, benefits and training. Jones then made a motion to authorize the Chair to execute the Signatory Approval; Johnson seconded and the motion carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 04-15-02</STRONG><BR>Jones moved approval of accounts payable in the amount of $284,826.89 to be paid 4/15/02. Motion was seconded by Johnson and carried unanimously.</P> <P>McElhaney made a motion for adjournment. Jones seconded and motion carried unanimously.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 6:37 P.M., on Wednesday, April 17, 2002. All members were present. The Pledge of Allegiance was recited.</P> <P><STRONG>PROCLAMATION 04-17-02<BR></STRONG>McElhaney read a proclamation proclaiming the week of April 21-27, 2002, as "Crime Victims' Rights Week" in Douglas County. Johnson made a motion to adopt the proclamation as read; Jones seconded and the motion carried unani mously.</P> <P><STRONG>CONSENT AGENDA 04-17-02</STRONG><BR>Jones made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5017. Order is on file in the office of the County Clerk; </LI> <LI>Note receipt of fee reports for the month of February; and</LI> <LI>Approve the following Lone Star Lake Skiing Dates for 2002:</LI></UL> <P> <TABLE borderColor=black cellSpacing=0 cellPadding=0 align=center border=1> <TBODY> <TR> <TD style="WIDTH: 400px; HEIGHT: 20px" colSpan=2><STRONG>May</STRONG> <STRONG>27 thru July 20, 2002, from 10:00 A.M. until 9:00 P.M. on Tuesday, Wednesday, and Thursday of each week and also on the following dates:</STRONG></TD></TR> <TR> <TD style="WIDTH: 162px">May 27 (Mon — Memorial Day)</TD> <TD>June 30 (Sun)</TD></TR> <TR> <TD style="WIDTH: 162px; HEIGHT: 20px">June 2 (Sun)</TD> <TD>Jul 6 (Sat)</TD></TR> <TR> <TD style="WIDTH: 162px; HEIGHT: 20px">Jun 8 (Sat)</TD> <TD>July 14 (Sun)</TD></TR> <TR> <TD style="WIDTH: 162px; HEIGHT: 20px">Jun 16 (Sun)</TD> <TD>Jul 20 (Sat)</TD></TR> <TR> <TD style="WIDTH: 162px">Jul 22 (Sat)</TD> <TD></TD></TR> <TR> <TD colSpan=2> <P><STRONG>10:00 A.M. until 8:00 P.M. on Tuesday, Wednesday, andThursday of<BR></STRONG><STRONG>each week and also on the following dates:</STRONG></P></TD></TR> <TR> <TD style="WIDTH: 162px">Jul 28 (Sun) </TD> <TD>Aug 25 (Sun)</TD></TR> <TR> <TD style="WIDTH: 162px">Aug 3 (Sat) </TD> <TD>Aug 31 (Sat)</TD></TR> <TR> <TD style="WIDTH: 162px">Aug 11 (Sun) </TD> <TD>Sep 2 (Mon — Labor Day)</TD></TR> <TR> <TD style="WIDTH: 162px">Aug 17 (Sat) </TD> <TD></TD></TR> <TR> <TD colSpan=2><STRONG>10:00 A.M. until 6:00 P.M. on the following dates:</STRONG></TD></TR> <TR> <TD style="WIDTH: 162px">Sep 7 (Sat)</TD> <TD>Sep 21 (Sat)</TD></TR> <TR> <TD style="WIDTH: 162px; HEIGHT: 20px">Sep 15 (Sun)</TD> <TD></TD></TR></TBODY></TABLE></P> <P>Johnson seconded and the motion carried unanimously.<BR><BR><STRONG>PLANNING 04-17-02</STRONG><BR>The Board considered Item No. 10 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated March 27, 2002. This item is CUP-02-01-02: A Conditional Use Permit request for truck storage of a mobile washing company on 8.33 acres generally located east of U.S. Highway 59, approximately 1/2 mile south of Zarco 66 gas station, also known as 602 E 1250 Road. Requested by Michael A. &amp; Cheryl A. Flory, property owners of record. Mark Wilson, staff member of the Lawrence-Douglas County Metropolitan Planning Department, was present for the discussion. Mike Flory, property owner, was also present for the discussion. This item comes to the Board with a unanimous recommendation for approval based on the following Findings of Fact:</P> <P>Zoning and uses of property nearby. The subject property is located on the southeast corner of N 650 Road and U.S. Highway 59. The properties on all sides are zoned A (Agricultural) District, except for a small parcel to the west which is zoned B-2 (General Business) District, and are primarily undeveloped agriculture uses except the convenience store and scattered single-family residences in all directions.</P> <P>Character of the area. The subject property is outside of the Urban Grown Boundary for the City of Lawrence. It is approximately 8 acres in size and as stated above, surrounding uses are primarily agricultural. Specifically, the production of soybeans, wheat, and alfalfa hay predominate, except for a convenience store located on the southwest corner of the intersection of U.S. 59 Highway and N 650 Road. There are also approximately 16 residential homes within one-half mile of the perimeter of the site.</P> <P>Suitability of subject property for uses to which it has been restricted. A Conditional Use Permit (CUP) d&#160;s not change the underlying zoning and as such, the suitability of the property for agricultural uses will not be altered. The current A (Agricultural) zoning designation for the property allows many different non-agricultural uses including public uses and structures, churches, schools, and limited commercial uses related to agriculture.</P> <P>The existing conditional use of the site as a private airstrip and hangar (CUP-1-1- 89) is compatible with the property's current zoning of A (Agricultural) District. The additional storage of trucks for a limited time is also compatible with the current zoning and with the surrounding properties if all conditions of approval are met.</P> <P>Length of time subject property has remained vacant as zoned. The subject area has been zoned A (Agricultural) District and has been in agricultural use since the adoption of zoning regulations in the unincorporated portions of Douglas County in 1966. The subject parcel maintains a limited agricultural use, with the additional use as an airstrip and hangar approved as a CUP in 1989.</P> <P>Extent to which removal of restrictions will detrimentally affect nearby property. Approval of the request will not impact the surrounding area by way of increased non-residential traffic to the adjacent highway. The site is partially screened to reduce any visual impacts on adjacent properties, and typically garners fewer than 5 individual vehicles driving in and out of the location per day. Staff d&#160;s not anticipate significant detrimental impacts upon nearby properties from the storage of trucks inside the existing building as the use is currently existing and no such impacts have been documented.</P> <P>Relative gain to the public health, safety and welfare by the destruction of the value of the petitioner's property as compared to the hardship imposed upon the individual landowners. The zoning district will not be altered by approval of the request. Staff recommends that the approval period be limited to assure that the impacts from the truck storage are not increased over time or given the same permanency as a rezoning of the property would confer.</P> <P>Conformance with the Comprehensive Plan. The Comprehensive Plansupports the retention of industrial uses and limited expansion of existing industrial districts outside of an urban area. A Conditional Use Permit can be used to establish new or temporary areas for certain non-residential uses, subject to approval of a site plan. This tool allows proportional development in harmony with the surrounding area. As recommended by Horizon 2020, the proposed request is, in the short term, consistent with the Comprehensive Plan. As a more detailed study of industrial locations is completed for the unincorpo rated area, the longevity of the appropriateness may be affected.</P> <P>AND subject to the following conditions:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>1. The application be approved for no more than a 5-year period.<BR>2. Limit the number of employees to no more than 10, which will limit the possible adverse impacts on surrounding properties.<BR>3. All mobile washing trucks must be stored inside the building and any non-agricultural equipment stored outside the building must be screen ed from view.<BR>4. Submission of a revised site plan that includes:<BR>a. A legal description of the property.<BR>b. Landscaping location and size of all perimeter and interior land scaping, including grass, ground cover, trees and shrubs.<BR>c. Show utility and easement locations.<BR>d. Show proposed location, indicate direction, and list amount of illumination of proposed lighting.<BR>e. Show location of each outdoor storage area.<BR>f. Show topography by contour lines of not more than five feet inter vals.<BR>g. The location and dimensions of existing and proposed structures that indicate the number of stories, gross floor area, and entrances to all structures.<BR>h. Show the location of all parking, loading, and walkway areas.<BR>i. List the type of surfacing and base course proposed for all parking, loading, and walkway areas.<BR>j. Indicate the number of employees and required parking spaces on site plan.</P></BLOCKQUOTE> <P>Jones raised concerns about the run-off of the wash water. Mr. Flory indicated they had systems that capture the water when necessary but it typically g&#160;s into the ground and is filtered by the grass. </P> <P>Jones made a motion that the Conditional Use Permit request be approved subject to the above conditions amending Condition 3 to read as follows:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>3. Any non-agricultural equipment stored outside the building shall be screened by trees or a fence that is a minimum of 4' high to screen from the view east of the site.</P></BLOCKQUOTE> <P>Johnson seconded and the motion carried unanimously.</P> <P><STRONG>PUBLIC WORKS 04-17-02</STRONG><BR>Keith Browning, Director of Public Works/County Engineer, presented the five- year plan project list for federally assisted projects. Browning explained that the Kansas Department of Transportation (KDOT) annually requests that counties update the projects included in the county portion of the Statewide Transporta tion Improvement Program (STIP). These are projects for which the county wishes to use federal funding assistance (typically 80% federal, 20% local) in an amount not to exceed the obligation authority for each county. The projects currently on Douglas County's list are as follows:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>(1) Route 442 from E 318 Road to Route 1029 — spot location grading for improved sight distance, addition of shoulders, flattening frontslopes, extending or replacing culverts, and construction of one bridge.<BR>(2) Route 1029 from Route 438 to Lecompton — similar scope to Project (1) without the bridge construction. Includes reconfiguration of Route 1029/Route 438 intersection to a curved alignment.<BR>(3) Route 438 from Route 1029 east six miles to E 1200 — Addition of shoulders, flattening frontslopes (where needed), extending or replac ing culverts (where needed), construction of two bicycle bridges, and spot location grading for improved sight distance between K-10 High way and Route 1029.<BR>(4) Bridge replacement on Route 1055 approximately 3/4 mile south of Route 458 — replace bridge and improve approach roadway align ment.</P></BLOCKQUOTE> <P>Browning recommended that a fifth project be added to the five-year plan. This would be a full deck replacement for the Kansas River bridge at Lecompton. This deck has been patched numerous times, and a recent inspection revealed further delaminated areas. The steel superstructure and concrete substructure are in good condition. The proposed project would be similar to the deck replace ment project for the Kansas River bridge at Eudora completed a few years ago. The project would entail removing the deck, installing welded stud anchors to the top flanges of the steel girders, removing existing lead-based paint and repaint ing the superstructure, and constructing a new, wider concrete deck. The big difference from the Eudora bridge project is that the Perry/Lecompton school district crosses this bridge daily, and the project may require construction under traffic. This will increase both the construction time required and the cost of the project. In 2002 dollars, the estimated cost of this bridge deck replacement project is $2,831,000, which includes a 10% contingency. Browning noted that a Request for Construction Form for this project with the projected project cost in the year 2007 would need the Board's approval. This bridge is situated on the Jefferson County line, so an agreement with Jefferson County would be pursued to share local costs. </P> <P>McElhaney asked for public comment. No comments were made. Johnson made a motion to approve the projects as recommended by the Director of Public Works and approve the Request for Construction Project form for the proposed deck replacement on the Kansas River bridge at Lecompton. Jones seconded and the motion carried unanimously.</P> <P>Craig Weinaug, County Administrator, reported that KDOT has scheduled a public meeting regarding Highway 59 on April 30, 2002, in Baldwin City.</P> <P>Richie Kennedy then made comments regarding Highway 59. </P> <P>McElhaney moved for adjournment. Johnson seconded and the motion carried unanimously.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 9:05 A.M on Monday, April 22, 2002. All members were present. The Pledge of Allegiance was recited.</P> <P>Jones made a motion to approve the minutes of November 9, November 14, and December 10, 2001. Johnson seconded and the motion carried unanimously.</P> <P><STRONG>CONSENT AGENDA 04-03-02</STRONG><BR>Johnson made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Resolution No. 02-11 granting a beer license to Linda Steele.</LI></UL> <P>Jones seconded and the motion carried unanimously.</P> <P><STRONG>INSURANCE 04-22-02</STRONG><BR>The Board considered changes to the 2002-2003 health insurance plan. Pam Madl, Director of Administrative Services, was present for the discussion. During the 2002 budget session, the Board recommended (and it was budgeted) that beginning on June 1 all employees would pay an additional $25.00 out-of-pocket toward their premium payment. This means that employees who carry individual coverage will now pay a $25.00 monthly premium ($12.50 per paycheck) for health insurance. Because the Health Insurance Committee recognizes the growing costs of medical and pharmacy coverages, they endorsed this recom mendation. Additionally, the committee recommends that the Board approve a separate plan for retiree coverage. These recommendations come to the Board following a review of retiree plan utilization and of other plans available to retirees. This recommended plan would be similar to the employee plan, but with the following differences:</P> <P> <TABLE borderColor=black cellSpacing=0 cellPadding=0 border=1> <TBODY> <TR> <TD style="WIDTH: 300px; HEIGHT: 20px"><STRONG>Pharmacy co-pays:</STRONG></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=right><STRONG>Employee Plan</STRONG></P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=right><STRONG>Retiree Plan</STRONG></P></TD></TR> <TR> <TD style="WIDTH: 300px; HEIGHT: 20px">Brand Name</TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=right>$20.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=right>$30.00</P></TD></TR> <TR> <TD style="WIDTH: 300px; HEIGHT: 20px">Generic</TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=right>$7.50</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=right>$15.00</P></TD></TR></TBODY></TABLE></P> <P> <TABLE borderColor=black cellSpacing=0 cellPadding=0 border=1> <TBODY> <TR> <TD style="WIDTH: 416px; HEIGHT: 20px"><STRONG>Premiums (15% increase for retirees):</STRONG></TD> <TD style="WIDTH: 212px; HEIGHT: 20px"> <P align=center><STRONG>Total Premium</STRONG></P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center><STRONG>Employee Portion</STRONG></P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center><STRONG>Retiree Portion</STRONG></P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center><STRONG>Retiree Monthly Increase</STRONG></P></TD></TR> <TR> <TD style="WIDTH: 416px; HEIGHT: 20px">Retiree Only</TD> <TD style="WIDTH: 212px; HEIGHT: 20px"> <P align=center>$367.50</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$25.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$230.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$30.00</P></TD></TR> <TR> <TD style="WIDTH: 416px; HEIGHT: 20px">Retiree +1</TD> <TD style="WIDTH: 212px; HEIGHT: 20px"> <P align=center>$718.03</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$162.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$387.55</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$50.55</P></TD></TR> <TR> <TD style="WIDTH: 416px; HEIGHT: 20px">Family</TD> <TD style="WIDTH: 212px; HEIGHT: 20px"> <P align=center>$1,032.69</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$225.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$460.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$60.00</P></TD></TR></TBODY></TABLE></P> <P><BR>The following table explains the additional monthly and annual out-of-pocket expenses for retires:</P> <P> <TABLE borderColor=black cellSpacing=0 cellPadding=0 border=1> <TBODY> <TR> <TD style="WIDTH: 300px; HEIGHT: 20px"></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center><STRONG>Additional Monthly Out-of-Pocket</STRONG></P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center><STRONG>Additional Annual Out-of-Pocket</STRONG></P></TD></TR> <TR> <TD style="WIDTH: 300px; HEIGHT: 20px">Retiree Only</TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$53.22</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$638.64</P></TD></TR> <TR> <TD style="WIDTH: 300px; HEIGHT: 20px">Retiree +1</TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$96.99</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$1,163.88</P></TD></TR> <TR> <TD style="WIDTH: 300px; HEIGHT: 20px">Family</TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$129.66</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$1,555.92</P></TD></TR></TBODY></TABLE><BR>McElhaney expressed concern for increased out-of-pocket expenses for the retirees since they are on a fixed income. Jones made a motion to approve the Health Insurance Plan as recommended; seconded by Johnson and carried. McElhaney voted nay due to his concern for the increase for the retirees.</P> <P><STRONG>APPOINTMENTS 04-22-02</STRONG><BR>Johnson made a motion to appoint Jane Bireta, 2010 E 1600 Road, Lawrence, KS, to the Douglas County Fair Board to represent Grant Township. It should be noted that Ms. Bireta replaces Steve Miles who resigned due to relocation.</P> <P><STRONG>ACCOUNTS PAYABLE 04-22-02</STRONG><BR>Johnson made a motion to authorize accounts payable in the amount of $318,697.94 to be paid 4/22/02; accounts payable manual checks in the amount of $2,558.14; payroll in the amount of $535,621.18; and electronic funds trans fers in the amounts of $32,528.65 for KPERS and $39,918.63 for FICA to be paid 4/19/02. Jones seconded and the motion carried unanimously.</P> <P>McElhaney made a motion for adjournment. Jones seconded and motion carried unanimously.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 9:03 A.M., on Monday, April 29, 2002. All members were present. The Pledge of Allegiance was recited.</P><B> <P>PROCLAMATION 04-29-02</P></B> <P>McElhaney read a proclamation proclaiming the month of May as "Mental Health Month" in Douglas County, Kansas. Johnson made a motion to adopt the proclamation as read; Jones seconded and the motion carried unanimously.</P> <P>McElhaney read a proclamation proclaiming the week of May 5-11, 2002, as "Suicide Prevention Week" in Douglas County, Kansas. Marsha Epstein, Director of Headquarters Counseling Center, made brief comments. Jones made a motion to adopt the proclamation as read; Johnson seconded and the motion carried unanimously.</P><B> <P>CONSENT AGENDA 04-29-02</P></B> <P>Jones made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5018 and 5019. Orders are on file in the office of the County Clerk.</LI></UL> <P>Johnson seconded and the motion carried unanimously.</P><B> <P>PLANNING 04-29-02</P></B> <P>The Board considered SP-03-18-02: a site plan for an addition to the Vinland Elementary School located on the north side of N 700 Road (County Road 460), at 702 E 1747 Road. Submitted by Bill Woodhouse for Baldwin City USD #348, property owner of record. Brian Pedrotti, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. The applicant proposes to construct an addition to the Vinland Elementary School at 702 E 1747 Road near Vinland. The property is located within an A (Agricultural) District, a district that allows agricultural uses as well as numerous community and public uses such as hospitals, churches, parks, and schools. The Zoning Regulations allows schools in the A District as permitted uses. The proposed site plan meets the requirements of the A zoning district. </P> <P>The proposed site plan shows a deficit of 8 parking spaces on-site. The existing school has entered into an agreement with the Vinland Fair Association to the north to provide this additional parking for the site. The shared agreement includes the school’s use of a 150' by 100' parcel shown adjacent to the subject property, and must be referenced on the site plan with the book and page.</P> <P>The Kansas Department of Health and Environment has indicated that the existing lagoon on the property has the capacity to serve the proposed addition. Any future changes or expansions to the lagoon will require a permit from KDHE. The applicant will need to show the location of the lagoon on the site plan.</P> <P>Johnson made a motion to approve SP-03-18-02, subject to the following conditions:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>1. Filing of the shared parking agreement with the Douglas County Register of Deeds and reference of book and page on the site plan prior to release of the plan to the County Zoning Administrator.</P> <P>2. Show the location of the lagoon system on the face of the site plan.</P> <P>3. Show the dimensions and striping of the parking lot, including driveway widths.</P> <P>4. Show one accessible parking space.</P></BLOCKQUOTE> <P>Jones seconded and the motion carried unanimously.</P><B> <P>PLANNING 04-29-02</P></B> <P>The Board considered approval of SP-03-19-02: a site plan for a gymnasium addition to the Marion Springs Elementary School located on the east side of E 900 Road, north of US 56, at 316 E 900 Road. Submitted by Bill Woodhouse for Baldwin City USD 348, property owner of record. Brian Pedrotti, staff member of the Lawrence-Douglas County Metropolitan Planning Department, also presented this item. The applicant proposes to construct an addition to the Marion Springs Elementary School at 316 E 900 Road. The addition is 14' X 64' (896 square feet), and is located on the east side of the existing building. The property is located within an A (Agricultural) District, a district that allows agricultural uses as well as numerous community and public uses such as hospitals, churches, parks, and schools. The Zoning Regulations allow schools in the A District as permitted uses. The proposed site plan meets the requirements of the A zoning district.</P> <P>The proposed site plan shows a total of 36 parking spaces. The proposed gymnasium addition serves as the main auditorium, and will have a maximum number of 300 seats, which will require 30 parking spaces.</P> <P>The Kansas Department of Health and Environment has indicated that the existing lagoon on the property has the capacity to serve the proposed addition. Any future changes or expansions to the lagoon will require a permit from KDHE. The applicant will need to show the location of the lagoon on the site plan.</P> <P>Johnson made a motion to approve SP-03-19-02 subject to the following conditions:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>1. Provide existing and proposed topography.</P> <P>2. Show the location of the lagoon system on the face of the site plan.</P> <P>3. Provide a required parking calculation.</P> <P>4. Provide setback dimension on north property line.</P> <P>5. Provide building dimensions.</P> <P>6. Provide dimensions and striping of parking lot.</P> <P>7. Show one accessible parking space.</P></BLOCKQUOTE> <P>Motion was seconded by Jones and carried unanimously.</P><B> <P>INFORMATION TECHNOLOGY AND PURCHASING 04-29-02</P></B> <P>The Board discussed personal computer purchases for 2002. Jim Lawson, Coordinator of Information Technology, was present for the discussion. On March 11, 2002, Lawson requested permission to utilize the Western States Contracting Alliance (WSCA) contract for computer purchases. The Commission directed Lawson to contact local vendors for price comparisons. Lawson explained that letters were sent to four local computer makers/resellers requesting prices for a specific computer configuration and three responses were received. Prices were then compared with two of the vendors that could be utilized on the WSCA contract. The lowest price received locally was $904 from Microtech Computers while the lowest price on the WSCA contract was $876 for a price difference of $28 per system. Lawson recommended that the WSCA contract be utilized for purchasing computers in 2002. Jones noted that he would prefer to spend the dollars locally. McElhaney made a motion to waive the Purchasing Policy and accept the second lowest bid from Microtech Computers. Jones seconded and the motion carried unanimously.</P><B> <P>ACCOUNTS PAYABLE 04-29-02</P></B> <P>Jones moved approval of accounts payable in the amount of $459,149.70 to be paid 4/29/02. Johnson seconded and the motion carried unanimously.</P><B> <P>MISCELLANEOUS 04-29-02</P></B> <P>Craig Weinaug, County Administrator, presented a Notice to Clinton Township regarding an application from Linda Steele for a temporary license to sell malt beverages at retail. This was approved by the Board on April 10, 2002, but the dates have changed. Johnson moved approval of the Notice to Township, seconded by Jones and carried unanimously.</P> <P>McElhaney moved for adjournment. Jones seconded and the motion carried unanimously.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 6:38 P.M., on Wednesday, May 1, 2002. All members were present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 05-01-02</STRONG><BR>There were no consent items.</P> <P><STRONG>PUBLIC WORKS 05-01-02</STRONG><BR>Keith Browning, Director of Public Works/County Engineer and Co-Chair of the Traffic Safety Advisory Committee (TSAC), presented a Summary Report of the TSAC. Browning explained that one of the functions of the TSAC is public education on road and driver safety issues. The TSAC has identified several public education campaigns that it feels should be pursued. One of the cam paigns that the committee felt was important on which to educate drivers is the presence of Slow Moving Vehicles (SMV's) on roads in the unincorporated areas. The TSAC is developing a poster to be displayed in areas that are frequented by drivers of rural roads and by farmers and equipment operators who use the roadways for transporting SMV's. The TSAC would also like to place advertisements in the Lawrence Journal-World on the need to be alert for SMV's. Jones made a motion to approve expenditures by the County, if neces sary, to place advertisements for this purpose. Johnson seconded and the motion carried unanimously.</P> <P>McElhaney moved for adjournment; Johnson seconded and the motion carried unanimously.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 9:03 A.M., on Monday, May 6, 2002. All members were present. The Pledge of Allegiance was recited.</P> <P>Johnson made a motion to approve the minutes of November 26, 2001; seconded by Jones and carried unanimously.</P><B> <P>CONSENT AGENDA 05-06-02</P></B> <P>Jones made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5020. Order is on file in the office of the County Clerk; and;</LI> <LI>Approve Resolution No. 02-11a granting a cereal malt beverage license to Linda Steele (dates amended).</LI></UL> <P>Johnson seconded and the motion carried unanimously.</P><B> <P>AGREEMENTS &amp; PARKS — BROKEN ARROW 05-06-02</P></B> <P>The Board considered approval of an agreement between the City of Lawrence, Kansas and Douglas County, Kansas providing a working agreement between the two parties for the mowing and maintenance of Broken Arrow Park, located at 2900 Louisiana Street, Lawrence. Johnson made a motion that Craig Weinaug, County Administrator, be authorized to execute the agreement. Jones seconded and the motion carried unanimously.</P><B> <P>ACCOUNTS PAYABLE 05-06-02</P></B> <P>Jones moved approval of accounts payable in the amount of $123,440.11 to be paid 5/6/02; accounts payable manual checks in the amount of $2,558.14; payroll in the amount of $535,731.07; and electronic funds transfers in the amounts of $39,936.36 for FICA, and $31,936.05 for KPERS to be paid 5/3/02. Johnson seconded and the motion carried unanimously.</P><B> <P>PROCLAMATION 05-06-02</P></B> <P>McElhaney read a Proclamation proclaiming the month of May as "Older American’s Month" and the third week of May as "Senior Centers Week." Jones made a motion to adopt the Proclamation as read; seconded by Johnson and carried unanimously.</P><B> <P>MISCELLANEOUS 05-06-02</P></B> <P>Dorothea Jackson made comments regarding Highway 59.</P> <P>McElhaney made a motion for adjournment. Johnson seconded and the motion carried unanimously.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 6:40 P.M., on Wednesday, May 8, 2002. All members were present. The Pledge of Allegiance was recited.</P> <P>Jones made a motion to approve the minutes of December 3, 2001; seconded by Johnson and carried unanimously.</P> <P><STRONG>PROCLAMATION 05-08-02</STRONG><BR>McElhaney read a Proclamation proclaiming the week of May 12-19, 2002, as "Historic Preservation Week" in Douglas County, Kansas. Jones made a motion to approve the Proclamation as read; Johnson seconded and the motion carried unanimously.</P> <P>McElhaney read a Proclamation in memory of John H. Vogel. Jones moved approval of the Proclamation as read; seconded by Johnson and carried unani mously.</P> <P><STRONG>CONSENT AGENDA 05-08-02<BR></STRONG>Jones made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5021, 5022 and 5023. Orders are on file in the office of the County Clerk;</LI> <LI>Authorize Notice to Clinton Township regarding application for a temporary license to sell cereal malt beverages at retail at 1329 E. 800 Road; and</LI> <LI>Note receipt of March fee reports </LI></UL> <P>Johnson seconded and the motion carried unanimously.</P> <P><STRONG>PLANNING 05-08-02</STRONG><BR>The Board considered Item No. 3 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated April 24, 2002. This item is PF- 03-04-02: Final plat of Hidden Hill Addition, a Replat of Lots 7, 8 and 9 of Long Shadows Subdivision. This is a three-lot, county residential subdivision contain ing 14.065 acres. The property is generally described as being located at the northeast corner of E 1264 Road and N 935 Road. Submitted by Landplan Engineering, P.A., for Jack L. and Janet M. Stokes and Katherine A. Manda, property owners of record. Mark Wilson, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented the item. This item comes to the Board with a unanimous recommendation for acceptance of easements, subject to the following conditions:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>1. The Final Plat must provide a demarcation line where the lot width equals 100' (at this point the building setback can be measured).<BR>2. The Final Plat must provide certification that all taxes and special assessments have been paid.<BR>3. Applicant must provide assurance that no utilities are located within the 10' utility easement that will be vacated between Lots 7 and 8 and Lot 9.<BR>4. Applicant must provide a site certification survey to verify existing structures comply with setback requirements. Failure to provide this certification survey will mean the conditions for approval cannot be met.<BR>5. Note on the face of the plat that states "no access to N 935 Road for Lots 2 &amp; 3."<BR>6. Note on the face of the plat that each residence's utility connections and driveways must access each lot directly from public right-of-way or public utility easements. [This means the existing driveway crossing Lot 3 to serve Lot 2 must be relocated to be wholly contained on Lot 2.]</P></BLOCKQUOTE> <P>Jones made a motion that the Final Plat of Hidden Hill Addition be approved, subject to the above conditions; Johnson seconded and the motion carried unanimously.</P> <P>Johnson moved for adjournment. McElhaney seconded and the motion carried unanimously.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 6:36 P.M., on Wednesday, May 15, 2002. All members were present. The Pledge of Allegiance was recited.</P><B> <P>PROCLAMATION 05-15-02</P></B> <P>McElhaney read a Proclamation proclaiming the week of May 12-18, 2002, as "Police Week," and May 15, 2002, as "Peace Officers’ Memorial Day." Sheriff Rick Trapp made a brief presentation. Johnson made a motion to adopt the Proclamation as read; Jones seconded and the motion carried unanimously.</P><B> <P>CONSENT AGENDA 05-15-02</P></B> <P>Johnson made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Home Rule Resolution No. HR-02-5-2 relating to the Grant Elementary School "Four Decades Celebration" Fireworks Display in the Unincorporated Territory of Douglas County, Kansas.</LI></UL> <P>Jones seconded and the motion carried unanimously.</P><B> <P>PUBLIC WORKS 05-15-02</P></B> <P>The Board accepted public comment regarding the alignment of Highway 59. The following individuals made brief comments regarding their alignment preference:</P> <UL> <LI>Bob Wandel</LI> <LI>Newton McLuggage</LI> <LI>Ken Lassman</LI> <LI>Arno F. Knapper</LI> <LI>Kim Banning-Bohmann</LI> <LI>Karen Parsons</LI> <LI>Patricia Brady</LI> <LI>Larry Kipp</LI> <LI>Judy Eddy</LI> <LI>Jay Smith</LI> <LI>James Nicholson</LI> <LI>Kay Hartzell</LI> <LI>Michael Almon</LI> <LI>Marylee Brochman</LI> <LI>Bill Mitchell</LI> <LI>Charlene Coates</LI> <LI>Jennifer Coates</LI> <LI>Lois Eversmeyer</LI> <LI>Jerry Sipe</LI> <LI>Louie McElhaney</LI></UL> <P>The Board thanked the members of the public for their comments, particularly commending the civil way in which their views were presented. McElhaney then closed the public hearing. It was the consensus of the Board to take formal action on the Board’s position on Monday, May 20, 2002.</P><B> <P>ACCOUNTS PAYABLE 05-15-02</P></B> <P>Jones moved approval of accounts payable in the amount of $172,139.32 to be paid 5/13/02; $423,126.83 to be paid 5/20/02; and accounts payable manual checks in the amount of $2,610.31. Johnson seconded and the motion carried unanimously.</P> <P>McElhaney made a motion for adjournment. Johnson seconded and the motion carried unanimously.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 9:04 A.M., on Monday, May 20, 2002. All members were present. The Pledge of Allegiance was recited.</P><B> <P>CONSENT AGENDA 05-20-02</P></B> <P>Johnson made a motion to approve the following Consent Agenda:</P> <UL> <LI>Accept bid received from Hutchinson Salt Company for 2,000 tons of Highway De-Icing Salt at the unit price of $24.00 per ton; and</LI> <LI>Authorize the Chair to execute Contracts for Highway Purposes for Project No. 23C-3472-01 — County Route 442 between Douglas County and Paul N. Grosdidier and Sheila R. Grosdidier, husband and wife; Douglas County and John M. Solbach and M. Patricia Solbach, husband and wife; Douglas County and Jubal A. Taylor and Donna E. Taylor, husband and wife; Douglas County and Miriam E. Helmert, a single person, and Diane Helmert, a single person; Douglas County and Miriam E. Helmert, a single person; Douglas County and Thelma J. Chapman, a single person; Douglas County and Brink Land Company, L.C., a Kansas limited liability company; Douglas County and Po Lung Yu and Chao T. Yu, husband and wife; Douglas County and Stephen D. Markley and Elizabeth J. Markley, husband and wife; Douglas County and Leo J. Bidinger, a widower; Douglas County and Bernita B. Conner Revocable Trust dated July 9, 1998; Douglas County and Robert D. Cooper and Lea Ann Cooper, husband and wife; Douglas County and Carl Lee and Charlotte R. Patterson, husband and wife; Douglas County and John M. Solbach and Mary Patricia Kennedy Solbach, husband and wife; Douglas County and Christopher L. Wertin and Melanie J. Wertin, husband and wife; and Douglas County and Clara M. Christenson, a single person.</LI></UL> <P>Motion was seconded by Jones and carried unanimously.</P><B> <P>SHERIFF &amp; JAIL, YOUTH SERVICES &amp; PURCHASING 05-20-02</P></B> <P>The Board discussed bids received for food products for the Jail Kitchen and Youth Services. Jackie Waggoner, Purchasing Agent, presented the item. Waggoner explained that the bid covered food and supplies in the following categories: produce, dairy, meats, breads, dry goods, frozen goods, and restaurant projects. The bidding process is established as a cost plus contract. Vendors were asked to provide their current supplier’s cost for the week of April 4, 2002, a fixed percentage mark-up and our final cost (supplier’s cost plus mark-up) on 535 items. The bids were evaluated identifying the lowest and best bid for each category and identifying the lowest and best bid for all 535 items. Waggoner recommended that the Board approve the contract with Allen Foods, Inc. for produce, meats, dry goods, frozen goods, and restaurant products, and Sara Lee Baking Company for bread products. Johnson questioned the cost plus bidding process. He noted that Allen Food’s markup was 15% whereas Lady Baltimore’s markup was 9%. Waggoner pointed out that Allen Food’s costs were lower even with the 15% markup. Pam Madl, Director of Administrative Services, noted that Lady Baltimore did not submit an acceptable bid since they excluded several items with no alternatives. Johnson then raised questions regarding the auditing process. He asked how the County would know that Allen Food’s costs would continue to be less than Lady Baltimore’s. Johnson suggested that throughout the course of this next year, staff could attempt to find a firmer way to tie down the bids. Johnson then made a motion to accept the bid from Allen Foods, Inc. for produce, meats, dry goods, frozen goods, and restaurant products, and Sara Lee Baking Company for the bread category, and directed staff to research this possibility of piggy-backing the school system’s contract and report back to the Commission in six (6) months. Jones seconded and the motion carried unanimously.</P><B> <P>PUBLIC WORKS 05-20-02</P></B> <P>The Board then discussed their position on the Highway 59 alignment. Keith Browning, Director of Public Works/County Engineer, noted that the Kansas Department of Transportation is interested in an opinion from the Commission on whether a freeway or an expressway is preferred, and whether the eastern alignment (Alignment 3B), or the western alignment (Alignment 5) is preferred.</P> <P>Jones made a motion that the Board submit a letter to the Kansas Department of Transportation endorsing a freeway on the western alignment (Alignment 5), noting that Douglas County looks forward to continued cooperation with KDOT on the issues of reducing the amount and speed of traffic on old Highway 59 once it becomes County property.</P> <P>Johnson noted that Highway 59 would be the County’s responsibility at that time. Jones responded that the County should continue to work with KDOT and that we work toward improving the safety and efficiency where the freeway would enter the City of Lawrence. </P> <P>Johnson then seconded the motion stating that he believed the freeway was in the County’s best interests and that the western alignment appears to be more doable more quickly than the eastern alignment.</P> <P>McElhaney stated that he also supports the freeway but he prefers the eastern alignment for various reasons such as cost savings and time efficiency. McElhaney also noted that because the Commission has made a determination to help small businesses in the rural community try to relocate because of the </P> <P>home-based occupations policy, he believes the western alignment would be too crowded to Highway 59 to serve that purpose.</P> <P>Jones responded that he believed that the closer the new road is built to the old road, the more traffic will be displaced from the old road. Jones also expressed concerns about potential development along the old road stating that he’d prefer to put the new alignment as close as possible to the old road and then essentially break up or redesign the old road so that it d&#160;sn’t serve the purpose as a thoroughfare. </P> <P>McElhaney then called for a vote on the motion on the table. Jones and Johnson voted yea; McElhaney voted nay. Motion carried 2-1. The Board then directed staff to prepare a letter to KDOT stating the Board’s position.</P><B> <P>ACCOUNTS PAYABLE 05-20-02</P></B> <P>Johnson moved approval of payroll in the amount of $537,533.42 and electronic funds transfers in the amounts of $40,074.13 for FICA, and $32,082.44 for KPERS to be paid 5/17/02. Jones seconded and the motion carried unanimously.</P> <P>McElhaney made a motion for adjournment. Johnson seconded and the motion carried unanimously.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 6:35 P.M. on Wednesday, May 29, 2002. All members were present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 05-29-02</STRONG><BR>Jones made a motion to approve the Consent Agenda as follows:</P> <UL> <LI>Approve Commissioners Order Nos. 5025, 5026, and 5027. Orders are on file in the Office of the County Clerk.</LI> <LI>Approve Resolution No. 02-12 granting a beer license to Megan Hiebert, d/b/a Clinton Marina Store; </LI> <LI>Approve revised County Administrator Employment Agreement; and</LI> <LI>Approve Construction Engineering Force Account Proposal for Project No. 23C-3472-01/Route 442 Construction Project in the amount of $98,986.33.</LI></UL> <P>Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>PUBLIC WORKS &amp; AGREEMENTS 05-29-02<BR></STRONG>Keith Browning, Director of Public Works/County Engineer, presented a request for authorization to solicit bids for microsurfacing Route 1061 from N 200 Road (US-56 Highway) to N 700 Road (Route 460), and authorization to solicit bids for overlaying Route 460 from N 600/E 1100 Road to US-59 Highway following the opening of bids and contracting for microsurfacing. Browning explained that the Public Works Department has inspected pavements on county routes to deter mine needed maintenance for this season. Browning recommended the utiliza tion of three different contracted maintenance practices this year -- (1) chip seal, (2) overlay, and (3) microsurfacing. Douglas County has a renewable contract with Hi Plains Sand Company to perform chip seals for 37.5 miles to 62.5 miles of roadway (50 miles +/- 25%). This year it is proposed to chip seal 40.8 miles of roadway. It is estimated that the cost of this year's chip seal contract will not exceed $407,574. Fund 201 has $500,000 allocated for chip seals.</P> <P>It is proposed to overlay Route 460 from N 600/E 1100 Road to US-59 Highway with 2 inches of asphalt. This two-mile section of roadway exhibits structural problems that a chip seal will not correct. The estimated cost for a 2" overlay is approximately $128,300. It would be desirable to install a paving fabric beneath the overlay to retard reflective cracking and to act as a moisture barrier. Installing the paving fabric would add approximately $28,300 for an overall cost of approxi mately $156,600. Fund 201 has $148,000 allocated for overlays.</P> <P>Route 1061 from US-56 Highway to Route 460 (N 700 Road) has some rutting in the wheel paths that chip sealing will not correct. It is proposed to utilize a modified slurry seal, or "microsurfacing," for this section of roadway. Micro- surfacing seals the cracks like a chip seal, but also provides some thickness to re-establish the original cross slope of the pavement. It is not as expensive as an overlay and d&#160;s not provide the structural enhancements of an overlay. The estimated cost to microsurface five miles of Route 1061 is approximately $114,000. It is proposed to utilize remaining budgeted funds to pay for micro- surfacing as follows:</P> <P> <TABLE borderColor=black cellSpacing=0 cellPadding=0 border=1> <TBODY> <TR> <TD style="WIDTH: 300px; HEIGHT: 20px"><STRONG>Project</STRONG></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center><STRONG>Amount Budgeted</STRONG></P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center><STRONG>Const. Estimate</STRONG></P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center><STRONG>Remaining</STRONG></P></TD></TR> <TR> <TD style="WIDTH: 300px; HEIGHT: 20px">Chip Seal</TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$500,000</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$407,574</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$92,426</P></TD></TR> <TR> <TD style="WIDTH: 300px; HEIGHT: 20px">Overlay</TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$148,000</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$128,335</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$19,665</P></TD></TR> <TR> <TD style="WIDTH: 300px; HEIGHT: 20px">Striping </TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$104,650</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$102,000</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$2,650</P></TD></TR> <TR> <TD style="WIDTH: 300px; HEIGHT: 20px"></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=right><STRONG>Total Remaining</STRONG></P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$114,741</P></TD></TR></TBODY></TABLE></P> <P>The estimated cost for chip seal will be very close to actual cost since we have a contract in place (there will be some variation due to quantity variations given field conditions at the time of the chip seal). It is anticipated chip seal will be done in mid-August. It is proposed to solicit bids for microsurfacing very soon, and perform the work in July. If bids are favorable and funds are available, it is desired to add the installation of paving fabric to the overlay contract. It is proposed to open bids for overlay work later this summer and construct the overlay in early September.</P> <P>It is also proposed to have county forces perform a "scrub seal" on the one-mile long Route 5, assuming funds are available. A scrub seal consists of the applica tion of polymer modified asphalt. The asphalt is then "scrubbed" into the cracks and voids with a broom apparatus before a layer of small aggregate (sand) is applied to the surface. The aggregate and asphalt is then broomed again forcing the mix into cracks and voids to seal the surface. This is a relatively low cost operation that we want to evaluate for possible future use. </P> <P>Johnson made a motion to authorize solicitation of bids for microsurfacing Route 1061 from N 200 Road (US-56 Highway) to N 700 Road (Route 460), and authorization to solicit bids for overlaying Route 460 from N 600/E 1100 Road to US-59 Highway following the opening of bids and contracting for microsurfacing</P> <P><STRONG>ACCOUNTS PAYABLE 05-29-02</STRONG><BR>Jones moved approval of accounts payable in the amount of $157,760.41 to be paid 5/29/02; and accounts payable manual checks in the amount of $340.00. Johnson seconded and the motion carried unanimously.</P> <P><STRONG>APPOINTMENTS 05-29-02</STRONG><BR>McElhaney made a motion to reappoint Tom Jennings, 960 N 1050 Road, to the Lawrence-Douglas County Metropolitan Planning Commission for a three-year term expiring 5/31/05; and appoint Dennis Lawson, 757 E 2000 Road, Eudora, KS, to the Lawrence-Douglas County Metropolitan Planning Commission for a three-year term expiring 5/31/05. Johnson seconded, and the motion carried unanimously. It should be noted that Mr. Lawson replaces Jacob Plant whose term expires 5/31/02.</P> <P>McElhaney made a motion for adjournment; Jones seconded and motion carried unanimously.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 8:17 A.M. on Monday, June 3, 2002. All members were present. </P> <P>Chairman McElhaney made a motion that the Board go into Executive Session until 9:20 A.M. with Evan Ice, County Counselor; Craig Weinaug, County Admin istrator; Pam Madl, Director of Administrative Services; Judge Fairchild, Chief Judge; and Linda K&#160;ster-Vogelsang, Court Administrator, to discuss building security issues. The Board returned to regular session at 9:20 A.M.</P> <P>The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 06-03-02<BR></STRONG>Johnson made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5028 and 5029. Orders are on file in the office of the County Clerk;</LI> <LI>Approve the FY 2003 Condition Violator Grant;</LI> <LI>Approve Kansas Department of Transportation Project Certification documents for Project No. 23C3472-01; County Route 442; Stull Road;</LI> <LI>Approve Cost Plus Net Fee Agreement for Engineering Services for Biennial Bridge Inspections for a total not-to-exceed cost of $47,936.84, which results in a local 20% cost share of $9,587.37, for Project No. 23C3850-01; and</LI> <LI>Note receipt of Fee Reports for the month of April, 2002.</LI></UL> <P>Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PARKS — LONE STAR &amp; SHERIFF 06-03-02</STRONG><BR>The Board discussed a request received from Alta-Sport to utilize Lone Star Lake for the 2002 LMH Triathlon on Sunday, September 15, 2002. Jim Whittaker, Race Director, and Michael F. Vickers, Executive Director, were present for the discussion. Alta-Sport requests that the beach and marina area be closed to swimmers and the general public from Saturday morning until noon Sunday on the weekend of the event. Sheriff Trapp discussed security issues noting that uniformed officers have been present in the past at no charge to the event. Sheriff Trapp noted that since the request includes closing the lake for a period of time it would be necessary to block off roads. He felt strongly that a uniformed officer be present, however, the issue of whether to charge events for these services, i.e., overtime, needs to be addressed. Jones asked whether utilizing lower cost staff would be an option. Keith Browning, Director of Public Works/County Engineer, stated that a private citizen d&#160;sn't have the right to close a road, so a county official would need to be present. He also stated that he would not be comfortable placing a Public Works employee in a law enforce ment capacity. It was the consensus of the Board that if the event is a for-profit event, they should reimburse the County for overtime costs. Jones then ex pressed concerns regarding the closing of the swimming area. Vickers noted that the event will be held in mid-September this year so there should be fewer swimmers than there would be in the summer months. Jones then made a motion that Alta-Sport, LC supply an event plan to the Sheriff who will decide what security and traffic control measures are needed; that Alta-Sport must reimburse the Sheriff's Department for the time actually spent by Sheriff's personnel on the event; that the road between the beach and the marina be closed all day Saturday, September 14th until the end of the event on Sunday, September 15th; and that the swimming beach be closed @ 3:00 on Saturday, September 14th, until the end of the event on Sunday, September 15th. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 06-03-02<BR></STRONG>Jones moved approval of accounts payable in the amount of $286,996.33 to be paid 6/3/02; accounts payable manual checks in the amount of $2,230.50; payroll in the amount of $550,373.87; and electronic funds transfers in the amounts of $42,125.79 for FICA, and $32,824.82 for KPERS to be paid 5/31/02. Johnson seconded and the motion carried unanimously.</P> <P><STRONG>MISCELLANEOUS &amp; PERSONNEL 06-03-02</STRONG><BR>Sue Neustifter, Register of Deeds, announced her retirement effective July 1, 2002. Neustifter noted that she celebrated her 43rd anniversary with Douglas County on June 1, 2002.</P> <P><STRONG>MISCELLANEOUS 06-03-02</STRONG><BR>At 11:02 A.M., McElhaney made a motion that the Board recess to go into Executive Session for 15 minutes with Evan Ice, County Counselor; Craig Weinaug, County Administrator; and Pam Madl, Director of Administrative Services, to discuss litigation. The Board returned to regular session at 11:18 A.M. No action was taken.</P> <P>McElhaney made a motion for adjournment; Jones seconded, and the motion carried unanimously.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 9:04 A.M. on Monday, June 10, 2002. All members were present. The Pledge of Allegiance was recited.</P> <P>Johnson made a motion to approve the minutes of November 7, December 5, December 12, December 17, and December 19, 2001. Jones seconded and the motion carried unanimously.</P> <P><STRONG>CONSENT AGENDA 06-10-02</STRONG><BR>Johnson made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5030 and 5031. Orders are on file in the office of the County Clerk; and</LI> <LI>Approve the nine (9) Out-District College Tuition Statements in the amount of $27,450. </LI></UL> <P>Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>HEALTH — PUBLIC 06-10-02</STRONG><BR>The Board considered approval of a request received from the Health Department for County funding to replace state funding for the teen pregnancy case management program. Kay Kent, Administrator/Health Office of the Lawrence-Douglas County Health Department was present for the discussion. Kent noted that the Health Department was recently informed by the Kansas Department of Health and Environment (KDHE) that because tax increases passed by the Legislature were insufficient to meet the full KDHE budget, all teen pregnancy programs may be defunded on July 1, 2002. As of today, KDHE d&#160;s not know their agency budget allocation, so cannot tell the Lawrence- Douglas County Health Department for certain whether state funding for the program will be eliminated. Kent gave a history of the success of the program and asked the Board to consider funding the program if needed. It was the consensus of the Board to defer this decision until after KDHE has been notified of their budget allocation.</P> <P><STRONG>ACCOUNTS PAYABLE 06-10-02</STRONG><BR>Jones moved approval of accounts payable in the amount of $303,204.94 to be paid 6/10/02; and accounts payable manual checks in the amount of $12,155.00. Johnson seconded and the motion carried unanimously.</P> <P><STRONG>MISCELLANEOUS 06-10-02</STRONG><BR>At 10:30 A.M., McElhaney made a motion that the Board recess to go into Executive Session for 45 minutes with Evan Ice, County Counselor; Craig Weinaug, County Administrator; and Pam Madl, Director of Administrative Services, to discuss litigation. The Board returned to regular session at 11:12 A.M. No action was taken.</P> <P>McElhaney made a motion for adjournment; Jones seconded, and the motion carried unanimously.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 9:07 A.M. on Monday, June 24, 2002. All members were present. The Pledge of Allegiance was recited.</P> <P>Jones made a motion to approve the minutes of January 7, January 14, January 16, January 23 and January 28, 2002. Johnson seconded and the motion carried unanimously.</P> <P><STRONG>CONSENT AGENDA 06-24-02<BR></STRONG>Johnson made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5032 and 5033. Orders are on file in the office of the County Clerk; </LI> <LI>Authorize staff to negotiate proposals submitted by TFM Communica tions and Commenco for the purchase of two (2) VHF base station repeaters and two (2) control stations for use in emergency fire and medical dispatch operations in the southern portion of Douglas County; and</LI> <LI>Approve the contract with Vance Brothers, Inc. in the amount of $88,050.72 for Project No. 2002-9, microsurfacing on Route 1061, and authorization of the Public Works Director to approve change orders up to 10% of the contract amount.</LI></UL> <P>Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>YOUTH SERVICES &amp; GRANTS 06-24-02</STRONG><BR>The Board considered approval of the final recommendation for Juvenile Justice Authority (JJA) 2003 Grant Awards. Pam Weigand, Director of Youth Services, was present for the discussion. Weigand explained that the grant process was changed this year to a two-year grant cycle. Agencies were asked to submit goals and outcomes for FY 2003/2004 along with a proposed budget request for FY 2003 only. It is anticipated that grantees will be selected for the two-year grant period, then determine each allocation award on an annual basis after JJA funding has been established by the Legislature. The Planning Team Executive Committee members interviewed all applicant agencies and presented their recommendations to the Douglas County Juvenile Corrections Advisory Board. The Advisory Board reviewed and approved the funding recommendations as outlined by the Executive Committee for the 7th Judicial District Juvenile Justice Authority 2003 Grant Awards as follows:</P> <P align=center><STRONG>7th JUDICIAL DISTRICT JUVENILE JUSTICE AUTHORITY<BR>GRANT APPLICATION SUMMARYFY 2003</STRONG></P> <P> <TABLE borderColor=black cellSpacing=0 cellPadding=0 border=1> <TBODY> <TR> <TD style="WIDTH: 420px; HEIGHT: 20px"><STRONG>Applicant Agency</STRONG></TD> <TD style="WIDTH: 172px; HEIGHT: 20px"><STRONG>Program</STRONG></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center><STRONG>FY 2002 Award</STRONG></P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center><STRONG>FY 2003 Requested</STRONG></P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center><STRONG>FY 2003 Proposed</STRONG></P></TD></TR> <TR> <TD style="WIDTH: 300px; HEIGHT: 20px" colSpan=5><STRONG>PREVENTION</STRONG></TD></TR> <TR> <TD style="WIDTH: 420px; HEIGHT: 20px">Bert Nash Mental Health Center</TD> <TD style="WIDTH: 300px; HEIGHT: 20px">Working to Recognize Alterna<BR>tive Possibilities (WRAP) </TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$62,838.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$60,000.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$55,050.00</P></TD></TR> <TR> <TD style="WIDTH: 420px; HEIGHT: 20px">Boys And Girls Club of <BR>Lawrence</TD> <TD style="WIDTH: 300px; HEIGHT: 20px">Passport to Manhood </TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$5,550.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$10,565.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$9,720.00</P></TD></TR> <TR> <TD style="WIDTH: 420px; HEIGHT: 20px">K.U. Center for Research, Inc.</TD> <TD style="WIDTH: 300px; HEIGHT: 20px">KU Truancy Prevention &amp; Diversion Program</TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$7,738.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$8,125.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$7,475.00</P></TD></TR> <TR> <TD style="WIDTH: 420px; HEIGHT: 20px">Lawrence-Douglas County<BR>Housing Authority </TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=left>Prevention Program for Youth </P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$0.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$67,028.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$0.00</P></TD></TR> <TR> <TD style="WIDTH: 420px; HEIGHT: 20px">Lawrence Partnership for <BR>Children and Youth</TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=left>YouthFriends Mentoring </P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$0.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$29,882.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$0.00</P></TD></TR> <TR> <TD style="WIDTH: 420px; HEIGHT: 20px">Mother to Mother of Douglas County</TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=left>Dad's Time</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$4,331.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$3,615.56</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$3,327.00</P></TD></TR> <TR> <TD style="WIDTH: 420px; HEIGHT: 20px">Unified School District 348<BR>(Baldwin)</TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=left>Tutoring for School Success</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$8,719.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$10,657.35</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$9,804.00</P></TD></TR> <TR> <TD style="WIDTH: 420px; HEIGHT: 20px">Unified School District 348<BR>(Baldwin)</TD> <TD style="WIDTH: 300px; HEIGHT: 20px">Bulldog Den (Jr. High) </TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$8,745.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$8,745.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$8,045.00</P></TD></TR> <TR> <TD style="WIDTH: 420px; HEIGHT: 20px">Unified School District 497<BR>(Lawrence)</TD> <TD style="WIDTH: 300px; HEIGHT: 20px">Junior High Prevention Program </TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$23,804.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$38,022.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$19,694.00</P></TD></TR> <TR> <TD style="WIDTH: 420px; HEIGHT: 20px">Van Go Mobile Arts</TD> <TD style="WIDTH: 300px; HEIGHT: 20px">Jobs in the Arts Make Sense (JAMS)</TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$26,368.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$16,500.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$15,180.00</P></TD></TR> <TR> <TD style="WIDTH: 420px; HEIGHT: 20px" colSpan=2> <P align=right><STRONG>Prevention Total</STRONG></P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$148,093.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$253,139.91</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$128,295.00</P></TD></TR></TBODY></TABLE></P> <P><BR></P> <P> <TABLE borderColor=black cellSpacing=0 cellPadding=0 border=1> <TBODY> <TR> <TD colSpan=5><STRONG>INTERVENTION GRADUATED SANCTION</STRONG></TD></TR> <TR> <TD style="WIDTH: 349px; HEIGHT: 20px">Big Brothers and Big Sisters</TD> <TD style="WIDTH: 300px; HEIGHT: 20px">Partnership With Youth</TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$10,368.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$66,087.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$8,812.00</P></TD></TR> <TR> <TD style="WIDTH: 349px; HEIGHT: 20px">Douglas County Citizen Review Board (CRB)</TD> <TD style="WIDTH: 300px; HEIGHT: 20px">JO CRB</TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$16,354.00 </P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$19,649.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$13,901.00</P></TD></TR> <TR> <TD style="WIDTH: 349px; HEIGHT: 20px">Douglas County Youth Services</TD> <TD style="WIDTH: 300px; HEIGHT: 20px">Detention Day School</TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$45,837.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$45,086.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$33,591.00</P></TD></TR> <TR> <TD style="WIDTH: 349px; HEIGHT: 20px">DCCCA</TD> <TD style="WIDTH: 300px; HEIGHT: 20px">Juvenile Outpatient Treatment</TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$26,892.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$21,551.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$18,318.00</P></TD></TR> <TR> <TD style="WIDTH: 349px; HEIGHT: 20px">Family Enhancement of <BR>Community Living Opportunities</TD> <TD style="WIDTH: 300px; HEIGHT: 20px">Family Enhancement</TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$36,968.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$90,259.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$31,422.00</P></TD></TR> <TR> <TD style="WIDTH: 349px; HEIGHT: 20px">Lawrence Alliance</TD> <TD style="WIDTH: 300px; HEIGHT: 20px">Douglas County Youth Court</TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$0.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$15,606.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$0.00</P></TD></TR> <TR> <TD>VORP</TD> <TD>Juvenile Offender VORP</TD> <TD> <P align=center>$0.00</P></TD> <TD> <P align=center>$9,861.00</P></TD> <TD> <P align=center>$0.00</P></TD></TR> <TR> <TD style="WIDTH: 349px; HEIGHT: 20px" colSpan=2> <P align=right><STRONG>Intervention Graduated Sanction Sub Total</STRONG></P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$136,419.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$268,099.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$106,044.00</P></TD></TR></TBODY></TABLE></P><STRONG> <P> <TABLE borderColor=black cellSpacing=0 cellPadding=0 border=1> <TBODY> <TR> <TD style="WIDTH: 502px" colSpan=5><STRONG>CORE SERVICES</STRONG></TD></TR> <TR> <TD style="WIDTH: 502px; HEIGHT: 20px">Douglas County Youth Services</TD> <TD style="WIDTH: 300px; HEIGHT: 20px">Administrative Structure</TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$38,901.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$27,176.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$27,176.00</P></TD></TR> <TR> <TD style="WIDTH: 502px; HEIGHT: 20px">Douglas County Youth Services</TD> <TD style="WIDTH: 300px; HEIGHT: 20px">Case Management/CM Local<BR>Purchase of Service*</TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$74,578.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$101,388.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$101,388.00</P></TD></TR> <TR> <TD style="WIDTH: 502px; HEIGHT: 20px">The Shelter, Inc.</TD> <TD style="WIDTH: 300px; HEIGHT: 20px">JIAS**</TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$137,827.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$166,522.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$166,522.00</P></TD></TR> <TR> <TD style="WIDTH: 502px; HEIGHT: 20px">Douglas County Youth Services</TD> <TD style="WIDTH: 300px; HEIGHT: 20px">JISP</TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$204,980.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$198,258.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>$198,258.00</P></TD></TR> <TR> <TD style="WIDTH: 300px; HEIGHT: 11px" colSpan=2> <P align=right><STRONG>Core Services Sub Total</STRONG></P></TD> <TD style="WIDTH: 300px; HEIGHT: 11px"> <P align=center>$456,286.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 11px"> <P align=center>$493,344.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 11px"> <P align=center>$493,344.00</P></TD></TR> <TR> <TD colSpan=2> <P align=right><STRONG>TOTAL</STRONG></P></TD> <TD> <P align=center>$740,798.00</P></TD> <TD> <P align=center>$1,014,582.91</P></TD> <TD> <P align=center>$727,683.00</P></TD></TR> <TR> <TD colSpan=5>*JJA Local Purchase of Service for transportation, clothing and electronic monitoring of youth in JJA custody was paid from a separate allocation prior to FY 2003, JJA expects those costs to be paid for through local IGS allocation from FY 2003 forward.<BR>**Juvenile Intake and Assessment was required to take the districts IGS cut in FY 2002. FY 2003 is budgeted at the<BR>same level as FY 2001.</TD></TR></TBODY></TABLE></STRONG><BR>Jones made a motion to approve the 7th Judicial District Juvenile Justice Author ity 2003 Grant Awards as outlined above. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>PLANNING 06-24-02</STRONG><BR>The Board considered Item No. 12 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated May 22, 2002. This item is CUP-03-04-02: a Conditional Use Permit request for a machinery storage building on 2.0 acres generally located at the southeast corner of N 800 Road and E 1500 Road (County Route 1055). Requested by Landplan Engineering for John N. and Karon L. Stevens, property owners of record. Brian Pedrotti, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented the item. This item comes to the Board with a unanimous recommen dation for approval, based upon the following Findings of Fact:</P> <P>Zoning and uses of property nearby: The area to the north is predominantly agricultural. The area surrounding the property is zoned for suburban residential uses and includes some rural residential uses.</P> <P>Character of the area: The subject property is located three miles east of Highway 59 and five miles south of the City of Lawrence. The subject property is outside of any unincorporated city's growth area and is predominantly an agricultural neighborhood including some scattered rural residential homes. </P> <P>Suitability of subject property for the uses to which it has been restricted:A Conditional Use Permit (CUP) d&#160;s not change the base, underlying zoning. The suitability of the property for agricultural or rural residential use will not be altered. The subject property is not located within an Urban Growth Area. The subject property area is zoned for agricultural uses.<BR>Length of time subject property has remained vacant as zoned: The subject property is developed with an existing storage building for machinery equipment. The structure was constructed as an agricultural building, therefore no building permit was issued. It appears to have been built between 1996 and 2000 according to the County Appraiser's Office. The County Zoning Regulations were adopted in 1966, this property has been zoned "A" (Agricultural) since that time.</P> <P>Extent to which removal of restrictions will detrimentally affect nearby property: Approval of the CUP will provide an opportunity for the applicant to be compliant with the minimum zoning regulations and standards. As a Conditional Use Permit, the issues of screening and buffering to reduce undesirable impacts such as noise and view on residential properties to the west can and should be provided.</P> <P>Relative gain to the public health, safety and welfare by the destruction of the value of the petitioner's property as compared to the hardship imposed upon the individual landowners: There is no identified relative gain or detri ment to the public's health, safety and welfare by permitting development of this use as a Conditional Use Permit. The underlying "A" (Agricultural) zoning remains unchanged.</P> <P>Conformance with the Comprehensive Plan: The Comprehensive Plan supports the retention of industrial uses and limited expansion of existing industrial districts outside of an urban area. A Conditional Use Permit can be used to allow limited commercial and industrial expansion or establish new or temporary areas for certain non-residential uses. This tool allows proportional development in harmony with the surrounding area. As recommended by Horizon 2020, the proposed request is, in the short term, consistent with the Comprehensive Plan. As a more detailed study of industrial locations is com pleted for the unincorporated area, the longevity of the appropriateness may be affected.</P> <P>AND subject to the following conditions:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>1. Provision of a note on the face of the site plan stating "The Conditional Use Permit approval be for 5 years. After additional review at the end of 5 years, the potential for extension up to an additional 5 years by the Board of County Commissioners is possible if surrounding land uses have remained substantially the same and the use is still found to be compatible."</P> <P>2. The number of total employees shall not exceed 4 on-site employees unless otherwise amended by the County Commission. The addition of employees in excess of 4 shall require the approval of a revised CUP by the County Commission following a public hearing to be held by the Planning Commission.</P> <P>3. Provision of a note on the face of the site plan that states: "The ap proved use for this site is truck storage facility for vehicles and equip ment for the applicant. Repair, and/or servicing stored vehicles and equipment, other than those necessary for standard maintenance and upkeep, is expressly prohibited."</P> <P>4. Provision of a note on the face of the site plan that states: "any exterior storage of material shall be located completely screen per Section 19- 4(24) of the County Zoning Regulations."</P> <P>5. Provision of a note on the face of the site plan that states: "The addi tion of exterior storage of materials shall first require that the subject property shall be platted in accordance with the adopted Subdivision Regulations as applicable."</P> <P>6. Provision of a note regarding existing landscape per Douglas County Zoning Regulations 19A-4.10.</P> <P>7. Provision of a note to state: "Outdoor lighting is not proposed other than Pack lights over existing doorways."</P> <P>8. Provision of a note on the face of the site plan that states: "A final plat shall be recorded with the Douglas County Register of Deeds prior to any additional building or intensification of the use of the property."</P> <P>9. Provision of a note on the face of the site plan that states: "Conditional Use shall be limited to storage and no office/retail sales operation may be located on the premises."</P></BLOCKQUOTE> <P>A motion was made by Jones to approve CUP-03-04-02. Johnson seconded and the motion carried unanimously.</P> <P><STRONG>PARKS — WELLS 06-24-02</STRONG><BR>McElhaney reported that work has begun on the Wells Overlook project.</P> <P><STRONG>PARKING 06-24-02</STRONG><BR>The Board discussed parking options for the Courthouse and Judicial and Law Enforcement Center. No action was taken.</P> <P><STRONG>EMERGENCY COMMUNICATIONS &amp; PURCHASING 06-24-02</STRONG><BR>The Board discussed the emergency replacement of 911 equipment. Jim Denney, Director of Emergency Communications, was present for the discus sion. Denney reported that the 911 ALI controller, which is the brain which provides all 911 and other telephone line services other than voice to dispatch, is not functioning properly. The problems are due to hardware failure in the control ler itself. This controller was purchased in 1998 and has suffered through the dust related to the remodeling of the Judicial &amp; Law Enforcement Center. The cost to replace the 911 ALI controller is $31,000. This purchase can be paid from the 911 Fee Fund and sufficient funds are available. Johnson made a motion to approve the emergency purchase of the 911 ALI controller from 911 Inc. Jones seconded and the motion carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 06-24-02</STRONG><BR>Jones moved approval of accounts payable in the amount of $329,397.79 to be paid 6/17/02 and $298,505.22 to be paid 6/24/02; payroll in the amount of $564,150.68; and electronic funds transfers in the amounts of $41,634.75 for FICA and $34,302.70 for KPERS, to be paid 6/14/02. Johnson seconded and the motion carried unanimously.</P> <P><STRONG>APPOINTMENTS 06-24-02</STRONG><BR>Jones made a motion to appoint Shannon Oury, 1042 N 1138 Road, Lawrence, KS to the Lawrence-Douglas County Housing Authority Board of Commissioners for a four-year term beginning July 1, 2002. Johnson seconded and the motion carried unanimously.</P> <P>McElhaney made a motion for adjournment; Jones seconded, and the motion carried unanimously.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 6:42 P.M. on Wednesday, June 26, 2002. All members were present. The Pledge of Allegiance was recited.</P> <P>Jones made a motion to approve the minutes of January 7, January 14, January 16, January 23, and January 28, 2002. Johnson seconded and the motion carried unanimously.</P> <P><STRONG>CONSENT AGENDA 06-26-02</STRONG><BR>Jones made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5034 and 5035. Orders are on file in the office of the County Clerk.</LI> <LI>Approve Resolution No. 02-13 establishing a policy regarding the mutual disaster aid to other local units of government within or outside of the State of Kansas.</LI></UL> <P>Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>PLANNING, PUBLIC WORKS &amp; RESOLUTIONS 06-26-02</STRONG><BR>The Board noted receipt of the Planning Commission's recommendation con cerning rescinding the "minimum maintenance" designation for a portion of N 175 Road as requested by the Board of County Commissioners on April 3, 2002. Michael Kelly, County Surveyor, was present for the discussion. At their meeting on May 22, 2002, the Planning Commission voted unanimously to approve the request to rescind the "minimum maintenance" road designation for a portion of N 175 Road (1000 feet) between E 2050 and E 2000 Roads in Palmyra Town ship and forward it to the County Commission.</P> <P>The Board then conducted a public hearing concerning rescinding the minimum maintenance designation. A.J. Barrett made a brief presentation. Chairman McElhaney made a motion to close the public hearing. Motion was seconded by Johnson and carried unanimously.</P> <P>Johnson made a motion to approve Resolution No. 02-14 rescinding the declara tion of "minimum maintenance" for a portion of N 175 Road. Motion was sec onded by McElhaney and carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 06-26-02</STRONG><BR>McElhaney made a motion to authorize accounts payable manual checks in the amount of $2,037.34 and payroll in the amount of $564,150.68. Johnson sec onded and the motion carried unanimously.</P> <P><STRONG>MISCELLANEOUS 06-26-02</STRONG><BR>Ken Phipps made comments regarding the alignment of Highway 59.</P> <P>McElhaney made a motion for adjournment; Johnson seconded, and the motion carried unanimously.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 8:32 A.M. on Monday, July 1, 2002. All members were present. The Pledge of Allegiance was recited.</P> <P><STRONG>BUDGET 07-01-02</STRONG><BR>The Board conducted budget hearings. No action was taken.</P> <P><STRONG>ACCOUNTS PAYABLE 07-01-02</STRONG><BR>Jones moved approval of accounts payable in the amount of 161,106.86 to be paid 7/1/02 and accounts payable manual checks in the amount of $2,037.34. Johnson seconded and the motion carried unanimously.</P> <P>McElhaney made a motion for adjournment; Jones seconded, and the motion carried unanimously.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 8:34 A.M. on Tuesday, July 2, 2002. All members were present. The Pledge of Allegiance was recited.</P> <P><STRONG>BUDGET 07-01-02</STRONG><BR>The Board conducted budget hearings. No action was taken.</P> <P>McElhaney made a motion for adjournment; Jones seconded, and the motion carried unanimously.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 6:40 P.M. on Wednesday, July 3, 2002. All members were present. The Pledge of Allegiance was recited.</P> <P>Jones made a motion to approve the minutes of February 6, February 11, February 13, and February 18, 2002. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>CONSENT 07-03-02</STRONG><BR>Jones made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5036. Order is on file in the office of the County Clerk; and</LI> <LI>Note receipt of fee reports for the month of May.</LI></UL> <P>Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>AGREEMENTS, TREASURER &amp; ZONING 07-03-02</STRONG><BR>The Board considered approval of an amendment to the Lease Agreement between Douglas County, Kansas, and Consolidated Properties of Lawrence, Inc. for the lease of property located at 2108 W. 27th Street, Suite I, which houses the satellite offices for the Treasurer and Zoning Department. This amendment gives the County the option to renew the lease for an additional three (3) years. Jones made a motion to approve the Amendment to Lease Agreement, seconded by Johnson and carried 2-1 with McElhaney voting nay.</P> <P><STRONG>PLANNING 07-03-02</STRONG><BR>The Board considered SP-05-32-02 to allow the development of a concrete products warehouse/office on the east side of Highway 24/59, approximately 600' north of Highway 24/40. Submitted by Paul Werner Architects, L.L.C. for Capitol Concrete, property owner of record. Brian Pedrotti, staff member of the Lawrence-Douglas County Metropolitan Planning Department, was present for the discussion. The applicant proposes to develop a concrete products ware house/office on the east side of Highway 24/59, approximately 600' north of Highway 24/40. The subject property is Lot 1 of Maple Grove North #3, a county plat located between two pieces of incorporated (City of Lawrence) land. The property is located within a I-2 (Light Industrial) District, which allows warehous ing, office, and storage as permitted uses. The proposed site plan meets the requirements of the I-2 zoning district. </P> <P>Access to the site will be from an improved driveway off of Highway 24/59 and will be a 70'-wide shared driveway for the five lots within the Maple Grove Addition. The entrance location must be approved by the Kansas Department of Transportation (KDOT), and the applicant will need to obtain a KDOT permit for the construction of the driveway.</P> <P>The applicant has indicated that the owner will provide a septic system with the proposed site plan. A septic system construction permit must be approved by the Douglas County Health Department prior to the release of the site plan for building permits, and the location of the septic field must be shown on the site plan. No portion of the septic field and driveway or parking surface may overlap. <BR>Another option for the property owner is to connect to City of Lawrence sewer service. If the owner wishes to choose this option, annexation and rezoning of the property to a suitable City zoning district will be required.</P> <P>The applicant has provided a good screening mix of trees and shrubs along the highway 24/59 frontage. Staff has requested an additional 6' high wood fence along the north property boundary to provide a screening buffer between the storage area and the residence to the north. This item is a condition of approval.</P> <P>Planning Staff recommends approval of the Site Plan subject to the following conditions:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>1. Approval of a septic system construction permit prior to the release of the site plan for building permits. Any approved septic fields shall be shown on the site plan and may not encroach on driveway or parking areas. If the owner connects to city sewer, annexation and rezoning will be required.</P> <P>2. Approval of a KDOT highway permit for the proposed entrance to US 24/599.</P> <P>3. Provide a 6' high solid wood screening fence along the north side of the storage area.</P> <P>4. Show the type and extent of surfacing to be applied on the site plan.</P></BLOCKQUOTE> <P>Jones made a motion to approve the site plan subject to the above conditions, amending Condition 3 as follows:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>3. Provide an 8' high chain-link fence with vinyl screening slats along the north side of the storage area.</P></BLOCKQUOTE> <P>Johnson seconded and the motion carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 07-03-02<BR></STRONG>Johnson moved approval of accounts payable in the amount of $129,000.16; payroll in the amount of $576,431.98; and electronic funds transfers in the amount of $42,595.46 for FICA and $33,960.28 for KPERS. Motion was sec onded by McElhaney and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 07-03-02<BR></STRONG>The Board discussed a request received from Headquarters, Inc. for assistance in moving expenses. Johnson noted for the record that he owns the building housing Headquarters, Inc. It was the consensus of the Board that this would not be a conflict of interest. Johnson then made a motion to approve the expenditure of $2,599 for non-recurring expenses for Headquarters, Inc. Jones seconded and the motion carried unanimously.</P> <P>McElhaney made a motion for adjournment; Johnson seconded, and the motion carried unanimously.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 8:31 A.M. on Monday, July 8, 2002. All members were present. The Pledge of Allegiance was recited.</P> <P><STRONG>BUDGET 07-08-02<BR></STRONG>The Board conducted budget hearings. No action was taken.</P> <P>McElhaney made a motion for adjournment; Johnson seconded, and the motion carried unanimously.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 8:30 A.M. on Tuesday, July 9, 2002. All members were present. The Pledge of Allegiance was recited.</P> <P><STRONG>PLANNING 07-09-02</STRONG><BR>The Board considered Item No. 3 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated April 24, 2002. This item is PF- 03-04-02, Final Plat of Hidden Hill Addition, a replat of Lots 7, 8, and 9 of Long Shadows Subdivision. This is a three-lot county residential subdivision containing 14.065 acres. The property is generally described as being located at the northeast corner of E 1264 Road and N 935 Road. Submitted by Landplan Engineering, P.A., for Jack L. and Janet M. Stokes and Katherine A. Manda, property owners of record. Mark Wilson, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented the item. This item comes to the Board with a unanimous recommendation for acceptance of easement, subject to the following conditions:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>1. The provision of certification that all taxes and special assessments have been paid;</P> <P>2. Applicant must provide assurance that no utilities are located within the 10' utility easement that will be vacated between Lots 7 and 8 and Lot 9;</P> <P>3. Note on the face of the plat that states, "No access to N 935 Road for Lot 3";</P> <P>4. Note on the face of the plat that each residence's utility connections and driveways must access lot directly from public right-of-way or public utility easements. [This means the existing driveway crossing Lot 3 to serve Lot 2 must be relocated to be wholly contained on Lot 2.];</P> <P>5. Pinning of lots in accordance with Section 21-302.2 of the Subdivision Regulations.</P></BLOCKQUOTE> <P>Jones made a motion to approve the Final Plat of Hidden Hill addition for acceptance of easements, subject to the above conditions. Motion was sec onded by Johnson and carried unanimously.</P> <P><STRONG>BUDGET 07-09-02</STRONG><BR>The Board conducted budget hearings. No action was taken.</P> <P>McElhaney made a motion for adjournment; Jones seconded, and the motion carried unanimously.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 6:45 P.M. on Wednesday, July 10, 2002. All members were present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 07-10-02</STRONG><BR>Johnson made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5037. Order is on file in the office of the County Clerk.</LI></UL> <P>Jones seconded and the motion carried unanimously.</P> <P><STRONG>ZONING 07-10-02</STRONG><BR>The Board discussed quarrying activities. Keith Dabney, Director of Zoning and Codes, made a brief presentation regarding complaints received regarding the dirt extraction operation located on the northeast 1/4 of Section 1, Township 12 S, Range 19E, owned by Ethel Ousdahl. The nature of complaints received involve the hours of operation, increased truck traffic, and blasting. Bruce Reid, Zach Schneider, Rick Schneider, Joy LaMinska, Price Banks, Wayne Ousdahl, and Bonnie Little made comments. The Board urged the neighbors to work together to resolve the issues. It was the consensus of the Board to schedule an executive session with Evan Ice, County Counselor, on Monday, July 15, 2002.</P> <P>McElhaney made a motion for adjournment. Jones seconded and motion carried unanimously.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 8:19 A.M. on Monday, July 15, 2002. All members were present. </P> <P>Chairman McElhaney made a motion that the Board recess to go into Executive Session until 9:00 A.M. with Evan Ice, County Counselor; Craig Weinaug, County Administrator; Pam Madl, Director of Administrative Services; and Keith Dabney, Director of Zoning and Codes, to discuss potential litigation. The Board returned to regular session at 9:00 A.M. </P> <P>The Pledge of Allegiance was recited.</P> <P>Johnson made a motion to approve the minutes of February 4, 2002. Jones seconded and the motion carried unanimously.</P> <P><STRONG>CONSENT AGENDA 07-15-02<BR></STRONG>Jones made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5038. Order is on file in the office of the County Clerk;</LI> <LI>Authorize Notice of Publication of Hearing of 2003 Budget to be held August 21, 2002; and</LI> <LI>Approve the filing of the Office of Justice Domestic Preparedness Terrorism Equipment Support Grant and authorize and direct Paula Phillips, Douglas County Emergency Management Director, as the official representative of the County for all activities associated with the grant.</LI></UL> <P>Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 07-15-02<BR></STRONG>Jason Smartt, Lawrence Alliance, conducted a presentation of the Fair Housing Program. No action was taken.</P> <P><STRONG>PLANNING 07-15-02</STRONG><BR>The Board considered approval of a revised site plan for Heritage Baptist Church (SP-01-03-02), located at the southwest corner of N 1800 and E 800 Roads. Brian Pedrotti, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented the item. The changes in the site plan include:</P> <UL> <LI>Splitting of the original main building into two buildings to comply with building code provisions; and</LI> <LI>Relocation and consolidation of the two lagoon ponds to the south into one lagoon per the State of Kansas permit approval.</LI></UL> <P>Pedrotti noted that the revisions to this site plan do not include any additional land uses. The original uses of a church, four accessory living units (two pastor rooms and two guest rooms), and workshop building, remain the only approved uses for the property. Planning staff recommends approval of these changes. Jones made a motion to approve the recommended changes, seconded by Johnson and carried unanimously.</P> <P><STRONG>COMMUNITY CORRECTIONS, GRANTS &amp; BUDGET 07-15-02</STRONG><BR>The Board considered approval of the FY2003 Budget for Douglas County Community Corrections Grant and Carryover Reimbursement Plan. Ron Stegall, Director of Community Corrections, was present for the discussion. Stegall noted that this new budget reflects the agreement reached by Douglas County and the Kansas Department of Corrections in regards to rent charged to the program ($30,000) which will be returned to the program by the County for that part of the director's salary which reflects work done by the director that is not specifically related to Community Corrections. Stegall also noted that since Community Corrections has come under the supervision of the court, Community Corrections staff salaries are determined by the court (OJA). For this next fiscal year there was no COLA given by OJA, and so Community Corrections staff salaries will remain unchanged. Johnson made a motion to approve the FY2003 Budget for Douglas County Community Corrections Grant and Carryover Reimbursement Plan. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>RESOLUTIONS &amp; PUBLIC WORKS 07-15-02</STRONG><BR>The Board considered approval of Home Rule Resolution No. HR-02-7-3 amend ing Home Rule Resolution No. HR-88-11-8 to permit and/or require shared entrances on County rights-of-way. Keith Browning, Director of Public Works/County Engineer, was present for the discussion. Browning explained that Home Rule Resolution No. HR-88-11-8 established standards for entrance construction on county routes. The proposed resolution amends HR-88-11-8 to permit shared entrances which would provide the County Engineer the authority to require shared entrances to reduce the number of entrances and maintain desirable entrance spacing. Shared entrances are desirable from a traffic safety point-of-view because they reduce the number of conflict points along the roadway. The proposed standards for shared entrances indicate a 30-foot wide driving surface is required. This provides enough width for neighboring property owners to connect a private drive to the shared entrance on each side of the property line. The current standard for residential entrances is 20' - 24' wide driving surface. A motion was made by Johnson to approve Home Rule Resolu tion No. HR-02-7-3, amending Home Rule Resolution No. HR-88-11-8 to permit and/or require shared entrances on County rights-of-way. Jones seconded and the motion carried unanimously.</P> <P><STRONG>INDUSTRIAL PARKS — EAST HILLS 07-15-02</STRONG><BR>The Board considered a request from Douglas County Development, Inc. (DCDI) requesting that the County transfer the deed for Lot 5, Block 2 of the East Hills Business Park without payment in order to help facilitate the construction of a spec building at this location. DCDI will pay Douglas County for this transfer when the spec building is sold or leased. DCDI would also take over responsibil ity for ad valorem taxes on the lot until the lot was sold. McElhaney made the following motion:</P> <P>That the County Counselor be directed to prepare the necessary docu mentation to transfer the deed for Lot 5, Block 2 of the East Hills Business Park to DCDI, with the condition that DCDI pay the County the previously agreed option price for the land and make the required deposits to the drainage escrow fund when the land is sold or leased; Payment of the purchase price will be secured by a second mortgage in the real estate, junior to a mortgage securing DCDI's institutional financing needed to construct the building and make other improvements to the real estate; DCDI will be responsible for all ad valorem taxes billed on the real estate after the date of the transfer of the deed; and that Commissioner Johnson be authorized to execute the deed transferring the real estate to DCDI and also execute any other documents or agreements necessary to consum mate the transaction.</P> <P>Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 07-15-02</STRONG><BR>Johnson moved approval of accounts payable in the amount of $2,266,375.28 to be paid 7/15/02; accounts payable manual checks in the amount of $2,037.34; payroll in the amount of $563,577.27; and electronic funds transfers in the amounts of $41,604.16 for FICA and $32,242.04 for KPERS to be paid 7/12/02. Motion was seconded by Jones and carried unanimously.</P> <P>Jones noted that it would be necessary to authorize someone to approve ac counts payable through August 19, 2002, since the Board will not be meeting between July 25 and August 19, 2002. Jones then made a motion that the Chair be authorized to approve accounts payable between July 25 and August 19, 2002, and if the Chair is unavailable, that whichever Commissioner is available be authorized. Motion was seconded by Johnson and carried unanimously.</P> <P>McElhaney made a motion for adjournment. Jones seconded and motion carried unanimously.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 8:45 A.M. on Wednesday, July 24, 2002. Commissioners McElhaney and Johnson were present. Commis sioner Jones was absent. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 07-24-02</STRONG><BR>Johnson made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve the contract with Killough Construction for Project No. 2002-6, overlaying two miles of Route 460, for the base bid amount of $124,690.75, and authorize the Director of Public Works to approve change orders up to $8,700 (approximately 7% of base bid); and</LI> <LI>Approve the ten (10) Out-District Tuition Statements in the amount of $9,294.</LI></UL> <P>McElhaney seconded and the motion carried unanimously.<BR><BR><STRONG>AGREEMENTS &amp; PUBLIC WORKS 07-24-02<BR></STRONG>Keith Browning, Director of Public Works/County Engineer, presented a Force Account Agreement with the Kansas Department of Transportation for Public Works department personnel to perform construction inspection services for Project No. 23 C-3472-01, Route 442 improvements. Under the contract, the Public Works department will perform construction inspection for the project, and the department will be reimbursed for 80% of all inspection costs. The remaining 20% will be paid from Public Works' budget as regular salaries. Under the contract, the upper limit of compensation is $98,206.33. It is anticipated that our total inspection costs will be comfortably below that upper limit. Johnson made a motion to approve the Force Account Agreement with KDOT for Public Works Department personnel to perform construction inspection services for Project No. 23 C-3472-01, Route 442 improvements. McElhaney seconded and the motion carried.</P> <P>McElhaney made a motion for adjournment. Johnson seconded and motion carried unanimously.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________<BR>Patty Jaimes, County Clerk</P>

<P>Chairman McElhaney called the meeting to order at 8:31 A.M. on Thursday, August 1, 2002. Commissioners McElhaney and Johnson were present. Com missioner Jones was absent. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 08-01-02</STRONG><BR>Johnson moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5039, 5040 and 5041. Orders are on file in the office of the County Clerk; </LI> <LI>Approve Force Account Agreement with the Kansas Department of Transportation for Public Works department personnel to perform construction inspection services for Project No. 23 C-3472-01, Route 442 improvements; and</LI> <LI>Note receipt of fee reports for the month of June 2002.</LI></UL> <P><STRONG>MISCELLANEOUS 08-01-02</STRONG><BR>The Board discussed the possible need to issue a burning ban for Douglas County. It was the consensus of the Board that Paula Phillips, Director of Emergency Management, contact the fire chiefs for input.</P> <P><STRONG>ACCOUNTS PAYABLE 08-01-02</STRONG><BR>Johnson moved approval of accounts payable in the amount of $124,897.23 to be paid 7/29/02, accounts payable manual checks in the amount of $2,037.34; and ACH Bank Transfer in the amount of $1,055,610.01 to be paid on 8/1/02. Motion was seconded by McElhaney and carried. </P> <P>McElhaney moved for adjournment; Johnson seconded and the motion carried.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________<BR>Patty Jaimes, County Clerk</P>

<P>The Board of County Commissioners of Douglas County met in special session with Commissioner McElhaney present. Commissioners Johnson and Jones were absent.</P> <P>McElhaney appointed Kay Pesnell, Register of Deeds, and Marion Johnson, County Appraiser, to serve as a canvassers in the absence of Commissioners Johnson and Jones. </P> <P>The purpose of the special meeting was to canvass the results of the Primary Election which was held on Tuesday, August 6, 2002.</P> <P>There were one hundred eight-five (185) provisional ballots. Patty Jaimes, County Clerk, recommended that one hundred fifty-two (152) of which be counted. These were voters that either moved and failed to re-register or had a name change. Jaimes then recommended that the remaining thirty-three (33) not be counted due to new registrants or no signatures. McElhaney made a motion that Ms. Jaimes recommendations be approved; Marion Johnson seconded and the motion carried unanimously.</P> <P>It should be noted that after the additional ballots were counted, the election results were not changed and no errors were found.</P> <P>McElhaney made a motion to adjourn; Johnson seconded and the motion carried.</P> <P>_____________________________ _______________________________<BR>Jere McElhaney, Chair Kay Pesnell, Register of Deeds</P> <P>ATTEST:</P> <P>_____________________________ _______________________________<BR>Patty Jaimes, County Clerk Marion Johnson, Appraiser</P>

<P>Chairman McElhaney called the meeting to order at 9:03 A.M. on Monday, August 19, 2002. All members were present. The Pledge of Allegiance was recited.</P> <P>Jones made a motion to approve the minutes of March 6, March 13 and August 1, 2002. Johnson seconded and the motion carried unanimously.</P> <P><STRONG>CONSENT AGENDA 08-19-02</STRONG><BR>Johnson made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5042, 5043 and 5044. Orders are on file in the office of the County Clerk; and</LI> <LI>Authorize the Chair to execute an Agreement with the Kansas Depart ment of Transportation for the inspection of the pin and hangar assem blies on the Kansas River Bridge at Lecompton.</LI></UL> <P>Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>RESOLUTIONS 08-19-02</STRONG><BR>The Board considered approval of a resolution authorizing the offering for sale of General Obligation Sales Tax Refunding Bonds, Series 2002-A and General Obligation Refunding Bonds, Series 2002-B, of Douglas County, Kansas. Johnson made a motion to approve Resolution No. 02-15 authorizing the offering for sale of General Obligation Sales Tax Refunding Bonds, Series 2002-A and General Obligation Refunding Bonds, Series 2002-B, of Douglas County, Kansas. Jones seconded and the motion carried unanimously.</P> <P><STRONG>ANNEXATION 08-19-02</STRONG><BR>The Board noted receipt of Resolution No. 6400 and Resolution 6401 adopted by the Lawrence City Commission on July 16, 2002, requesting that the Board of Douglas County Commissioners make certain findings as set forth in Section 4 of the resolutions, pursuant to K.S.A. 12-520c. Bryan Dyer, staff member of the Lawrence-Douglas County Metropolitan Planning Department, was present for the discussion. Resolution 6400 seeks approval for annexation of approximately 14.4 acres of City owned property (future park space); Resolution 6401 seeks approval for annexation of approximately 40 acres of City owned property (future park space). Annexation is requested because the properties are owned by the City and are both encumbered with conservation easements requiring the City to protect natural aspects of the properties. Jones made a motion that the Board of County Commissioners of Douglas County finds and determines that the re quested annexations will not hinder or prevent the proper growth and develop ment of the area or that of any other incorporated city located within Douglas County, all as provided by K.S.A. 12-520c. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>EMERGENCY COMMUNICATIONS &amp; PURCHASING 08-19-02</STRONG><BR>The Board discussed proposals received for the purchase of two (2) VHF base station repeaters and two (2) control stations for use in emergency fire and medical operations. Jones made a motion to accept the negotiated proposal of $27,509.58 submitted by TFM Communications for the purchase of two (2) VHF base station repeaters, and two (2) control stations for use in emergency fire and medical operations. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>EMERGENCY COMMUNICATIONS &amp; PURCHASING 08-19-02</STRONG><BR>The Board discussed the replacement of two (2) AS/400 computers currently used for Computer Assisted Dispatching and Jail records management at the Douglas County jail. Jim Denney, Director of Emergency Communications, was present for the discussion. Last April, IBM notified Douglas County that they will not support two AS/400 computers currently used for Computer Assisted Dis patching (CAD) and Jail records management at the Douglas County Jail after December 31, 2002. Loss of IBM support for these computers means repairs would not be possible should they fail after that date. These computers are also running very close to their maximum capacity for use as CAD and Jail manage ment computers. They are extremely slow and often cause a delayed dispatch or jail action. New computers will mean a migration of HTE CAD and Jail manage ment software as well as the current data. For proprietary reasons, the original vendor is the best choice to design the computer and perform the software and data migration. Negotiations were undertaken to obtain their best price for computer replacement and data migration and contracts have been drafted reflecting a total cost of $62,800. Jones made the following motion:</P> <P>to waive the bid requirement of the Purchasing Policy for the replacement of these computers; approve contracts with HTE VAR, LLC for replace ment of computers and migration of software and data in the amount of $57,800 for two computers and $5,000 for software and data migration; and authorize the Director of Emergency Communications to execute and administer the contracts.</P> <P>Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 08-19-02</STRONG><BR>Jones moved approval of accounts payable in the amounts of $119,919.46 to be paid 8/5/02; $259,188.90 to be paid 8/12/02; $233,270.10 to be paid 8/19/02; accounts payable manual checks in the amounts of $2,563.75 and $2,037.34; and ACH Wire Transfer in the amount of $521,857.50 to be paid 8/30/02. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>APPOINTMENTS 08-19-02<BR></STRONG>Jones made a motion that Bob Newton, be reappointed to the Douglas County Emergency Management Board for a term to expire 7/1/03. Johnson seconded and the motion carried unanimously.</P> <P><STRONG>YOUTH SERVICES &amp; PURCHASING 08-19-02</STRONG><BR>Pam Weigand, Director of Youth Services, advised the Board that funding has been reduced by 6.5% for electronic monitoring funding. She recommended that the bids for electronic monitoring be rejected due to lack of funding. Johnson made a motion that the bids for electronic monitoring be rejected due to lack of funding; Jones seconded and the motion carried unanimously.</P> <P><STRONG>MISCELLANEOUS 08-19-02<BR></STRONG>At 11:00 A.M., McElhaney made a motion that the Board recess to go into Executive Session for 20 minutes with Craig Weinaug, County Administrator; Pam Madl, Director of Administrative Services; and Evan Ice, County Counselor, to discuss potential litigation. The Board returned to regular session at 11:18 A.M. No action was taken.</P> <P>McElhaney made a motion for adjournment. Jones seconded and motion carried unanimously.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 6:35 P.M. on Wednesday, August 21, 2002. All members were present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 08-21-02</STRONG><BR>There were no consent items.</P> <P><STRONG>BUDGET &amp; RESOLUTIONS 08-21-02</STRONG><BR>The Board conducted a public hearing on the proposed 2003 budget. Tim Holverson, Vice President of Public Policy, Lawrence Chamber of Commerce, made general comments and thanked the Commission for their job on the budget. McElhaney then closed the public hearing. Johnson then made a motion to approve Resolution No. 02-16 expressing the property taxation policy of the Board of Douglas County Commissioners with respect to financing the 2003 annual budget for Douglas County. Jones seconded and the motion carried unanimously.</P> <P><STRONG>PLANNING 08-21-02</STRONG><BR>The Board considered CUP-06-05-02, a revision to Conditional Use Permit CUP- 12-02-84 to add communication equipment on an existing tower located at 1761 N 1100 Road. Submitted by Selective Site Consultants, Inc. on behalf of Verizon Wireless, Scripps Howard Broadcast, tower owner, Harold and Athalie Lutz, property owners of record. Sandra Day, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented the item. Day explained that the proposed revision to the approved site plan portion of the CUP is for the construction of an equipment storage building and the co-location of additional communication equipment on the existing tower. The subject request is located in an area that is predominantly agricultural in character. Residential uses in this area are primarily associated with farming operations in the area. The County Commission approved a CUP in February 1984 (CUP-12-02-84). The property is an agricultural field and includes an existing 1033' tall tower used primarily for television broadcast equipment. A total of seven carriers are currently located on the tower structure.</P> <P>The existing tower predates the current regulations. The current regulations do not specifically address co-location review criteria. Ground mounted, building structures must comply with minimum building setback requirements. A building permit will also be required for the structure. The current structure is located over 500' from the east and west property lines. While this setback is not equivalent to the height of the tower as required by the current regulations, there are no surrounding land uses that are detrimentally affected by the structure.</P> <P>Access to the tower enclosure is provided via an existing gravel drive easement from N 1100 Road. The access drive will be extended south around the tower base and provide a foundation for the building as well as a turn-around area.</P> <P>The site plan shows the new equipment building being located just west of the tower and south of the existing buildings. The building along the other structures and the existing tower are located in the center of the property. In Planning Staff's opinion, the proposed building is a minor alteration to the existing CUP and therefore recommends approval of the revised Site Plan portion of CUP-06- 05-02 for the construction of an equipment storage building.</P> <P>Johnson stated for the record that he owned a very small amount of stock in Verizon. However, based on previous discussions with the County Counselor, this would not require an abstention by Johnson. Jones made a motion to approve the revised Site Plan portion of CUP-06-05-02 for the construction of an equipment storage building. Johnson seconded and the motion carried unani mously.</P> <P><STRONG>ACCOUNTS PAYABLE 08-21-02</STRONG><BR>Johnson moved approval of payroll in the amount of $559,886.20; electronic funds transfers in the amounts of $41,280.33 for FICA and $31,574.91 for KPERS to be paid 7/26/02; and ACH Bank Transfer in the amount of $165,908.75. Jones seconded and the motion carried unanimously.</P> <P><STRONG>APPOINTMENTS 08-21-02</STRONG><BR>McElhaney made a motion to reappoint Robert Lewis, 1201 W. 22nd Terrace, Lawrence, KS, to the Tri-County Advocacy Council on Aging for a two-year term to expire September 30, 2004. Johnson seconded and the motion carried unanimously.</P> <P>McElhaney made a motion for adjournment; seconded by Jones and carried unanimously.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 9:02 A.M. on Monday, August 26, 2002. All members were present. The Pledge of Allegiance was recited.</P> <P>Jones made a motion to approve the minutes of March 11, 2002. McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>CONSENT AGENDA 08-26-02<BR></STRONG>Jones made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5045, 5046, 5047, and 5048. Orders are on file in the office of the County Clerk;</LI> <LI>Approve Agreement between the Board of County Commissioners of Douglas County, Kansas and Bert Nash Community Mental Health Center, Inc. to provide mental health services to inmates; and</LI> <LI>Approve early distribution of ad valorem taxes.</LI></UL> <P>Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 08-26-02</STRONG><BR>Tom Sloan, 45th District Representative, appeared before the Board requesting minimal site maintenance to facilitate the location of a river access facility near Lecompton. Representative Sloan has been working with the people of Lecompton and the Department of Wildlife and Parks to acquire a river access facility near Lecompton and has successfully arranged financing through the state's boating fee fund. Because of the active use of the BNSF railroad tracks on the Douglas County side of the river and the short sight line around the curve, the Department believes that it is unreasonable to risk citizens' lives trying to cross the tracks carrying can&#160;s and other items. However, they are interested in constructing an access point on the north side of the Kansas River bridge at Lecompton. Department of Wildlife &amp; Parks Secretary, Mike Hayden, has indicated a willingness to construct the access point if a local unit of government will help maintain the facility. Specifically, they request a commitment to provide trash pickup, mowing, and other minor tasks such as these that may be needed. Jones made a motion that Douglas County commit to provide minimal site maintenance services to facilitate the location of the river access facility near Lecompton; Johnson seconded and the motion carried unanimously.</P> <P><STRONG>FAIRGROUNDS 08-26-02</STRONG><BR>The Board discussed building lease policies at the Douglas County Fairgrounds. Bill Bell, Director of Buildings and Grounds, and several members of the Exten sion Office and Douglas County Fair Board were present for the discussion. Bell requested direction from the Commission on four issues -- fees waived; policy discussion for bumping or rescheduling non-paying groups for paying groups that are major events; animal waste; and open ride.</P> <P>Fees waived. The current policy authorizes the County Administrator to waive fees for youth organizations that are recognized as national, state, or local organizations that benefit the youth of Douglas County. We are experiencing more requests for waived fees from various groups that might, for example, want to hold a garage sale to help pay for the children's fees for a dance club or some other private or for profit organization. Where do we draw the line1/2 Johnson suggested that a review committee be appointed to review this policy and make recommendations. It was the consensus that a committee consisting of a representative from the Fair Board, the Extension Office and Bill Bell, and Dean Nieder as an ex-officio member. The County Administrator was directed to initiate the meetings and charge the committee with the tasks of setting a policy for waiving the fees, and to take a look at the fee structure and make recommen dations.</P> <P>Policy discussion for bumping or rescheduling non-paying groups for paying groups that are major events: It was the intent of the prior Commission to see that the new Community Building be used as much as possible, especially for those groups paying fees. We occasionally have requests by groups that will be a major event and paying between $900 and $1800 to use the facility for three or four days. However, at times we find ourselves in a situation where a prior non- paying group has a reservation for a few hours on one of the days that the paying group requires for their event. Do we turn away the income due to a prior reservation, or do we do our best to accommodate the non-paying group by rescheduling1/2 It was the consensus of the Board that the non-paying group be rescheduled giving at least 30 days notice of the change.</P> <P>Animal waste: Groups using the Community Building for livestock shows leave the animal waste inside the building, on the parking lot, and in the field north of the building. The waste not only draws flies and other insects, but it can be annoying to other groups who use the building afterwards. Bell recommended that adequate tools and equipment be available requiring the responsible party to clean up the waste and dispose of it in the dumpster provided. If left uncleaned, a substantial fee would be deducted from the deposit. This provision would also apply to the livestock barns. It was the consensus of the Board to adopt this policy.</P> <P>Open ride: The previous Commission made a provision for a time slot for what was to be called open ride. Open ride was to provide the public with access to the arena on each available Tuesday to ride their horses for a fee of $15 for all riders 18 or over. Riders under the age of 18 are free. The riding time was any time between 8:00 A.M. and 10:00 P.M. This type of pleasure riding can only work if everyone is simply riding. Bell recommended that open ride be defined as leisure riding, that d&#160;s not include practice for barrel racing, team roping, or any other competitive event. For those wishing to practice for these types of competi tive events, the building is available at $60 per hour or $300 per day and a reservation will be required. Proof of insurance is also required in the amount of $500,000 bodily injury and $100,000 property damage.</P> <P><STRONG>ACCOUNTS PAYABLE 08-26-02</STRONG><BR>Jones moved approval of accounts payable in the amount of $219,373.41 to be paid 8/26/02; accounts payable manual checks in the amount of $2,037.34; payroll in the amount of $578,140.34, and electronic funds transfers in the amounts of $32,340.32 for KPERS, and $41,630.49 for FICA to be paid 8/23/02. Johnson seconded and the motion carried unanimously.</P> <P>McElhaney made a motion for adjournment. Jones seconded and motion carried unanimously.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 6:40 P.M., on Wednesday, August 28, 2002. All members were present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 08-28-02</STRONG><BR>Jones made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5049. Order is on file in the office of the County Clerk; and</LI> <LI>Note receipt of fee reports for the month of July.</LI></UL> <P>Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>ANNEXATION 08-28-02</STRONG><BR>The Board noted receipt of a petition and consent for annexation for a parcel of approximately forty acres to the City of Eudora. Ron Conner, Mayor of the City of Eudora, made a brief comment. Jones made a motion that the Board finds that the proposed annexation will not hinder or prevent the proper growth and development of the area or that of any other incorporated city located within Douglas County. Johnson seconded and the motion carried unanimously.</P> <P><STRONG>RESOLUTIONS, PUBLIC WORKS &amp; ZONING 08-28-02<BR></STRONG>The Board considered approval of a Home Rule Resolution providing for the temporary prohibition of the issuance of permits for the construction or place ment of dwellings and mobile homes on tracts of land gaining primary access through minimum maintenance roads. Craig Weinaug, County Administrator, presented the item. Weinaug explained that this resolution was drawn up as a one year moratorium since it is anticipated that the Commission might want to look at this regulation more comprehensively. This would give the Planning Staff, the Planning Commission, and the County Commission an opportunity to look at it more comprehensively within the context of the other zoning regulations. Weinaug noted that the townships had been notified that the Commission would be considering this item tonight. Weinaug further noted that he had been in contact with Chuck Wright, Trustee of Lecompton Township, who indicated that Lecompton Township would be in favor of the resolution. The Board heard comments from Don Palmateer, Grant Township, and Jim Jolly, Marion Town ship. The Board then heard comments from Scott Stockwell. Johnson made a motion that the Board approve Home Rule Resolution No. 02-8-4 providing for the temporary prohibition of the issuance of permits for the construction or placement of dwellings and mobile homes on tracts of land gaining primary access through minimum maintenance roads. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>ZONING 08-28-02</STRONG><BR>The Board discussed a proposal to increase building permit fees. Keith Dabney, Director of Zoning and Codes, was present for the discussion. Dabney presented two options for consideration. Option One increases the fees collected by 27% per year for three years. Option Two increases the fees collected by 54% in 2003 and 27% in 2004. Dabney recommended approval of Option One since it has a less gradual increase over time. Johnson noted that the revenue that is collected will still be less than our costs for operating the Zoning &amp; Codes Department. Jones requested that staff prepare an accounting showing a projection of revenues and costs associated with building inspections, and include the departmental expenses with a description of other duties performed by the department that are not associated with building inspection. It was the consen sus of the Board to table this item until the documentation was completed, noting that Option One was preferred.</P> <P><STRONG>PARKS -- LONE STAR &amp; PUBLIC WORKS 08-28-02</STRONG><BR>Browning presented a resolution adopting the Lone Star Lake Operation and Maintenance Manual. Browning explained that the updated manual incorporates revisions to reflect reconstruction of the spillway and the resultant pool elevation and storage changes. Jones discussed potential flooding concerns and ques tioned the use of the word "inspection" on page 7 of the manual which states that "The lake staff shall conduct a daily visual inspection of the structure." Jones expressed liability concerns if the inspections weren't documented on a daily basis. Johnson made a motion that Resolution No. 02-17 Adopting the Lone Star Lake Operation and Maintenance Manual, be approved with the term "inspec tion" as noted above, be changed to observation. Jones seconded and the motion carried unanimously.</P> <P><STRONG>PARKS -- LONE STAR &amp; PUBLIC WORKS 08-28-02</STRONG><BR>Browning then presented the Updated Emergency Action Plan for Lone Star Lake Dam and Washington Creek Watershed. Johnson made a motion to approve the Plan, seconded by Jones, and carried unanimously.</P> <P><STRONG>EMERGENCY MANAGEMENT &amp; GRANTS 08-28-02</STRONG><BR>Johnson made a motion to approve the FFY 2003 State and Local Assistance Grant. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 08-28-02</STRONG><BR>Jones moved approval of accounts payable in the amount of $772,782.05 to be paid 9/3/02, accounts payable manual checks in the amount of $128.75; payroll in the amount of $581,986.86; and electronic funds transfers in the amounts of $32,969.63 for KPERS and $42,978.25 for FICA to be paid 8/9/02. Motion was seconded by Johnson and carried unanimously. </P> <P><STRONG>EMERGENCY COMMUNICATIONS &amp; RESOLUTIONS 08-28-02</STRONG><BR>Weinaug presented Resolution No. 02-18 authorizing the continued imposition of a telephone user tax for the operation of an enhanced 911 emergency telephone service in Douglas County. Jones made a motion to adopt Resolution No. 02-18, Johnson seconded and the motion carried unanimously.</P> <P><STRONG>JUDICIAL &amp; LAW ENFORCEMENT CENTER 08-28-02<BR></STRONG>Jones updated the Commission on air quality concerns in the Judicial &amp; Law Enforcement Center. He toured the Center earlier in the week with staff and didn't find anything that appeared to be problematic. However, as a precaution, the filters will be changed more frequently and a few ceiling panels that appeared to have some water damage to them will be replaced. Once the renovations are completed, an air quality review will be conducted and issues will be addressed.</P> <P>McElhaney moved for adjournment; seconded by Jones and carried unani mously.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 9:07 A.M. on Monday, September 9, 2002, with two members present. Commissioner Johnson was absent. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 09-09-02</STRONG><BR>Jones made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5050 and 5051. Orders are on file in the office of the County Clerk; </LI> <LI>Approve the 2003 Phase Delineation Chart; </LI> <LI>Approve request from the 946th Transportation Detachment of the Army to use the fairgrounds as an alternate assembly site; and</LI> <LI>Approve applications for emergency vehicle permits as recommended by Sheriff Trapp.</LI></UL> <P>Motion was seconded by McElhaney and carried.</P> <P><STRONG>PARKS — LONE STAR &amp; BUDGET 09-09-02</STRONG><BR>The Board considered a request from Alta Sport with regard to county charges for support of the Lawrence Memorial Hospital Triathlon. Jim Whittaker, Race Director, was present for the discussion. At their meeting on June 3, 2002, the Board made the decision that Alta Sport must reimburse the Sheriff's Depart ment for time actually spent by Sheriff's personnel on the event. Whittaker asked the Board to reconsider this decision since the budgetary concerns are not as great as originally anticipated. Whittaker also requested permission to access the marina during the event. It was the consensus of the Board that Alta Sport reimburse Douglas County for actual costs charged for the use of 3 deputies and that the request to utilize the marina be granted.</P> <P><STRONG>AGREEMENTS &amp; PURCHASING 09-09-02</STRONG><BR>The Board discussed proposals received in response to the County's solicitation for depository and banking services. Jackie Waggoner, Purchasing Agent, and Pat Wells, Treasurer, were present for the discussion. Waggoner explained that seven (7) banks responded to the solicitation, four (4) of which have banks which have a Kansas charter or a main office in Kansas and has its main or branch office in Douglas County. According to K.S.A. 12-1675, these financial institu tions are first eligible to receive active funds. A committee of seven (7) reviewed the scope of each proposal and invited three (3) first eligible banks for interviews. The committee unanimously agreed that Central National Bank provided the best proposal. The committee asked for authorization to negotiate with Central National Bank with respect to both features and cost. The committee will bring their final recommendation and contract to the Board for approval following negotiations. Jones made a motion to authorize negotiations with Central National Bank for banking services. McElhaney seconded and the motion carried.</P> <P><STRONG>ACCOUNTS PAYABLE 09-09-02</STRONG><BR>Jones moved approval of accounts payable in the amount of $167,426.33 to be paid 9/9/02; accounts payable manual checks in the amounts of $309,944.32 and $230.00; payroll in the amount of $560,957.43; and electronic funds transfers in the amounts of $41,397.00 for FICA and $32,351.10 for KPERS to be paid 9/6/02. McElhaney seconded and the motion carried.</P> <P>McElhaney moved for adjournment. Jones seconded and the motion carried.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Charles Jones, Member</P> <P>ATTEST:</P> <P>_____________________________<BR>Patty Jaimes, County Clerk</P>

<P>Chairman McElhaney called the meeting to order at 6:35 P.M. on Wednesday, September 11, 2002, with all members present. The Pledge of Allegiance was recited.</P> <P>Johnson made a motion to approve the minutes of March 27 and April 3, 2002; Jones seconded and the motion carried unanimously.</P> <P><STRONG>CONSENT AGENDA 09-11-02<BR></STRONG>Johnson moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5052 and 5053. Orders are on file in the office of the County Clerk.</LI></UL> <P><STRONG>RESOLUTIONS 09-11-02</STRONG><BR>The Board considered approval of a Resolution No. 02-19 authorizing the continued offering for sale of General Obligation Sales Tax Refunding Bonds, Series 2002-A and General Obligation Refunding Bonds, Series 2002-B, of Douglas County, Kansas. Johnson made a motion to authorize U.S. Bancorp Piper Jaffray, as Underwriter, to continue to monitor the refinancing of the County's outstanding general obligation bonds for a period of 90 days and that the Underwriter is authorized to move forward with the refunding of such general obligation bonds provided that the present value savings is equal to or exceeds $300,000. Motion was seconded by Jones and carried unanimously.</P> <P>Jones moved for adjournment; Johnson seconded and the motion carried.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 6:35 P.M. on Wednesday, September 18, 2002. All members were present. The Pledge of Allegiance was recited.</P> <P>Johnson made a motion to approve the minutes of April 5, April 15, and Septem ber 11, 2002. Jones seconded and the motion carried unanimously.</P> <P><STRONG>CONSENT AGENDA 09-18-02</STRONG><BR>Johnson made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5054. Order is on file in the office of the County Clerk.</LI></UL> <P>Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PLANNING 09-18-02</STRONG><BR>The Board considered Item No. 11 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated March 27, 2002. This item is CUP-02-02-02, a Conditional Use Permit request for topsoil removal on 56.2 acres generally located at 1724 E 902 Road. Requested by Irving A. and Esther L. Mitchell, property owners of record. Sandra Day, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented the item. This item comes to the Board with a unanimous recommendation for approval based upon the following Findings of Fact:</P> <P>Zoning and uses of property nearby. The surrounding property, in all direc tions, is used for agricultural purposes. Scattered rural residential uses are located along County roads to the northeast and to the west.</P> <P>Character of the area. The subject property is located northwest of the City Limits on the east side of the K-10 Highway [South Lawrence Trafficway]. The area is dominated by agricultural activities. The subject property is located within Service Area 4 described in Horizon 2020.</P> <P>Suitability of subject property for the uses to which it has been restricted.As noted above, the subject property is zoned for agricultural use. The suitability of the subject property for its current use will be altered by the approval of a CUP. However, without proper conservation practices, removal of topsoil could impact the ability of the property to be used for future agricultural activities. There are no residential uses immediately adjacent to the property. The "undeveloped" nature of the surrounding area contributes to the suitability of the agricultural character of the area.</P> <P>Extent to which removal of restrictions will detrimentally affect nearby property. Detrimental impacts can result from excessive removal or exposure of soil without necessary erosion control practices. Additionally, there is an existing Williams Pipe Line Company transmission line across the southern portion of the property. If appropriate safeguards are not implemented, damage to the line could occur. However, these impacts can be mitigated through additional condi tions and execution of an acceptable encroachment agreement from Williams Pipe Line.</P> <P>Length of time subject property has remained vacant as zoned. The subject property is currently unimproved and is used for agricultural purposes. The property has been zoned for agricultural purposes since the adoption of the County Zoning Regulations in 1966.</P> <P>Relative gain to the public health, safety, and welfare by the destruction of the value of the petitioner's property as compared to the hardship imposed upon the individual landowners. Denial of the proposed use will not prohibit the property owner from use the land for various allowed uses under the current A (Agricultural District) zoning restrictions. No significant gains are anticipated for the public health, safety or welfare that would result from the denial of the CUP for topsoil removal.</P> <P>Conformance with The Comprehensive Plan. Horizon 2020 d&#160;s not directly address the issue of special or conditional uses. The plan provides basic guid ance regarding major infrastructure improvements and major land use catego ries. The subject property is located within the long-term urban growth area Future urban development would depend on the availability of major urban infrastructure.</P> <P>AND subject to the following conditions:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>1. Provision of the following notes on the face of the site plan regarding Williams Pipe Line:<BR>a. "Applicant shall contact One Call and Williams Pipeline Company, L.L.C. prior to cut activities within 50' either side of the pipeline (100' total on center) to allow for necessary stress analysis on the pipe for the additional surface load from excavation equipment and measurement of existing and proposed soil removal."<BR>2. Provision of a site plan per Section 19A-4 of the County Zoning Regu lations, prior to the consideration of this item by the County Commis sion that includes the following:<BR>a. Existing and proposed contours;<BR>b. Legal description and graphical boundaries;<BR>c. Direction of proposed storm drainage flow;<BR>d. The location and size of trees;<BR>e. Current elevation of soil to be removed;<BR>f. Note stating anticipated truck traffic and hours of operation;<BR>g. Proposed erosion control measures;<BR>h. Provision of a restoration plan, per the approval of the Douglas County Natural Resources Conservation District.<BR>i. Provision of a site plan that shows the location and dimension of all existing utilities and easements located on the property; and<BR>j. Provision of a revised site plan to show a maintained 20' vegetation buffer along all property lines, to control soil erosion.<BR>3. Provision of the following notes on the face of the site plan that state:<BR>a. "A minimum of 4" of topsoil shall remain on the site and shall not be disturbed."<BR>b. "The maximum number of acres disturbed at one time shall not exceed 6 acres."<BR>c. No more than 5 truck loads of dirt shall be removed from the site per day with hauling limited to take place only from Monday through Friday."<BR>d. "All areas on the property not being actively used for topsoil re moval shall be maintained with a vegetative cover to reduce undue soil erosion and potential dust problems."<BR>e. "Permanent or temporary soil stabilization should be applied to denuded areas that will remain undisturbed for longer than 60 days"<BR>f. "The Conditional Use Permit is valid for a period of up to 3 years from the date of approval by the Board of County Commissioners. Extension of the CUP for an additional period of time may be considered by the Board of County Commissioners.</P></BLOCKQUOTE> <P>After discussion, Johnson made a motion to approve CUP-02-02-02 subject to the following amended conditions:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>1. Provision of the following notes on the face of the site plan regarding Williams Pipe Line:<BR>a. "Applicant shall contact One Call and Williams Pipeline Company, L.L.C. prior to cut activities within 50' either side of the pipeline (100' total on center) to allow for necessary stress analysis on the pipe for the additional surface load from excavation equipment and measurement of existing and proposed soil removal."<BR>2. Provision of a site plan per Section 19A-4 of the County Zoning Regu lations, prior to the consideration of this item by the County Commis sion that includes the following:<BR>a. Existing and proposed contours;<BR>b. Legal description and graphical boundaries;<BR>c. Direction of proposed storm drainage flow;<BR>d. The location and size of trees;<BR>e. Current elevation of soil to be removed;<BR>f. Note stating anticipated truck traffic and hours of operation;<BR>g. Proposed erosion control measures;<BR>h. Provision of a restoration plan, per the approval of the Douglas County Natural Resources Conservation District.<BR>i. Provision of a site plan that shows the location and dimension of all existing utilities and easements located on the property; and<BR>j. Provision of a revised site plan to show a maintained 20' vegetation buffer along all property lines, to control soil erosion.<BR>3. Provision of the following notes on the face of the site plan that state:<BR>a. "A minimum of 4" of topsoil shall remain on the site and shall not be disturbed."<BR>b. "The maximum number of acres disturbed at one time shall not exceed 6 acres."<BR>c. No more than 10 truck loads of dirt shall be removed from the site per day with hauling limited to take place only from Monday through Friday from 8 A.M. to 8 P.M.; Saturday from 8 A.M. to 5 P.M.; and no hauling to be permitted on Sunday."<BR>d. "All areas on the property not being actively used for topsoil re moval shall be maintained with a vegetative cover to reduce undue soil erosion and potential dust problems."<BR>e. "Permanent or temporary soil stabilization should be applied to denuded areas that will remain undisturbed for longer than 60 days"<BR>f. "The Conditional Use Permit is valid for a period of up to 5 years from the date of approval by the Board of County Commissioners. Extension of the CUP for an additional period of time may be considered by the Board of County Commissioners.<BR>g. Comply with recommendations of soil conservation service.</P></BLOCKQUOTE> <P>Jones seconded and the motion carried unanimously.</P> <P><STRONG>PUBLIC WORKS &amp; RESOLUTIONS 09-18-02</STRONG><BR>The Board considered approval of a resolution establishing temporary speed limits on portions of N 1700 Road and E 400 Road. Keith Browning, Director of Public Works/County Engineer, was present for the discussion. Browning explained that these roads, located in Kanwaka Township, are not part of the official detour for the Route 442 project. However, these roads are experiencing use by drivers who may not be familiar with the local conditions of the roads. Due to the nature of the work on Route 442, local residents along Route 442 must use N 1700 Road and E 400 Road for access to and from their houses. In addition, some local residents along the township roads feel that non-local traffic is utilizing these roads rather than the official detour. The proposed speed limits are meant to be temporary and in force only until the completion of the Route 442 project. At that time, local traffic should return to normal. If deemed appropriate at the project's completion, the speed limits could be continued, altered, or removed altogether. Johnson made a motion to approve Resolution No. 02-20 establishing temporary speed limits on portions of N 1700 Road and E 400 Road. Jones seconded and the motion carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 09-18-02</STRONG><BR>Jones moved approval of accounts payable in the amount of $271,995.01 to be paid 9/16/02. Johnson seconded and the motion carried unanimously.</P> <P>McElhaney made a motion for adjournment; seconded by Jones and carried unanimously.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 9:07 A.M. on Monday, September 23, 2002. All members were present. The Pledge of Allegiance was recited.</P> <P>Jones made a motion to approve the minutes of April 22, 2002. Johnson sec onded and the motion carried unanimously.</P> <P><STRONG>CONSENT AGENDA 09-23-02</STRONG><BR>There were no consent items.</P> <P><STRONG>PLANNING 09-23-02</STRONG><BR>The Board considered approval of CUP-08-08-02, a Conditional Use Permit request for a 150' monopole communications tower to be located southeast of 33rd and Iowa Streets (east of Payless Cashways). Requested by Curtis M. Holland of Polsinelli/Shalton/Welte for Cingular Wireless. Property owners of record are RA and JC, LLC. Sandra Day, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented the item. Day explained that Article 19 of the County Zoning Regulations requires the approval of a Conditional Use Permit for any tower or other similar structure 100 feet or more in height. The CUP process includes submission of a site plan, which complies with Section 19-4.31(b). The Board of County Commissioners approved the CUP, including the original site plan, on September 24, 2001. The proposed co- location of equipment will not alter the tower height, location, setback, or lease area. The proposed request d&#160;s include a 10' by 14' pad for the equipment building at the base of the tower. The original tower was constructed to accom modate additional communication providers. The immediately surrounding area is commercial/agricultural in nature. The proposed tower is set back into the site. Equipment for the existing communication antenna is located in a building at the tower base. Any ground-mounted lighting should be specified on the site plan for the new building. The proposed site plan complies with the required submission information. Planning Staff recommends approval of the revised site plan portion of this CUP subject to the following conditions:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>1. Provision of a note that states "Any ground-mounted lighting shall be shown on the site plan and approved by City/County Staff prior to construction."<BR>2. Provision of a revised site plan to revise the site map to accurately show the location.<BR>a. Change E 130th Road to E 1300 Road and change E 140th Road to E 1400 Road.</P></BLOCKQUOTE> <P dir=ltr>Johnson made a motion to approve the revised site plan portion of the CUP subject to the above conditions. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>AMBULANCE &amp; PURCHASING 09-23-02<BR></STRONG>The Board discussed bids received for the purchase of one (1) new Type III ambulance. Johnson made a motion to accept the low bid in the amount of $117,824 received from Truck Centers, Inc. — Medic Master/American LeFrance for the purchase of one (1) new Type III ambulance. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>HISTORICAL &amp; PARKS — BLACK JACK 09-23-02</STRONG><BR>The Board considered a request for support of the Commission for application of Black Jack Battleground for recognition on the National Register of Historic Places. Carolyn Bailey Berneking and Raymond Powers made brief presenta tions asking for the Commission's endorsement of the nomination. Dennis Enslinger, staff member of the Lawrence-Douglas County Metropolitan Planning Department, was also present for the discussion. It was the consensus of the Board to table this item until a meeting could be organized with adjoining landowners.</P> <P>Johnson excused himself at 10:30 A.M.</P> <P><STRONG>AGREEMENTS 09-23-02<BR></STRONG>The Board discussed the negotiated proposal for banking services. Jackie Waggoner, Purchasing Agent, presented the item. Waggoner noted that negotia tions with Central National Bank for depository and banking services was complete. Chuck Warner, President of US Bank made brief comments. Jones moved approval of the negotiated proposal for banking services from Central National Bank for a one (1) year contract with the option to renew for two (2) years. McElhaney seconded and the motion carried.</P> <P><STRONG>ACCOUNTS PAYABLE 09-23-02</STRONG><BR>Jones moved approval of accounts payable in the amount of $606,312.53 to be paid 9/23/02; accounts payable manual checks in the amount of $1,235.16; payroll in the amount of $576,243.28; and electronic funds transfers in the amounts of $42,573.38 for FICA and $33,631.86 for KPERS to be paid 9/20/02. McElhaney seconded and the motion carried.</P> <P>McElhaney then made a motion for adjournment; seconded by Jones and carried.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 6:37 P.M. on Wednesday, September 25, 2002. All members were present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 09-25-02</STRONG><BR>Johnson made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve request from the City of Eudora to close Main Street (County Route 1061) from 7th Street to 10th Street on October 5, 2002 from 7:00 A.M. until 7:00 P.M. to celebrate the Annual Eudora Fest.</LI></UL> <P>Jones seconded and the motion carried unanimously.</P> <P><STRONG>PUBLIC WORKS 09-25-02</STRONG><BR>The Board discussed activities for "Put the Brakes on Fatalities Day," to be held on October 10, 2002. Keith Browning, Director of Public Works/County Engineer, was present for the discussion. This will be the second annual "Put the Brakes on Fatalities Day" across the nation. It has been established to focus national attention on reducing traffic fatalities in the United States. The day is being coordinated by a coalition of more than forty national safety organizations, government organizations, and private companies. Last year the Commission proclaimed October 10, 2001 to be "Put the Brakes on Fatalities Day" (PBF) in Douglas County. The Traffic Safety Advisory Committee (TSAC) requests that the Commission sign a similar proclamation this year. In addition, the TSAC would like to place an ad in the newspaper to notify the public of PBF Day. Last year, the Commission funded the cost of two ads placed in the Journal-World at a cost of $482 per ad. This year, the projected cost would be $511 per ad. Browning noted that he thought that one ad would be sufficient. Browning also suggested that a Commissioner do a Public Service Announcement and/or write an op-ed piece for the newspaper. Johnson stated he thought those were good ideas which should be handled by the Chairman. Jones made a motion that the promotional activities around "Put the Brakes on Fatalities Day" be approved in an amount not to exceed $600 for advertisements. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>BYPASS 09-25-02</STRONG><BR>Mike Rees, Chief Counsel of the Kansas Department of Transportation (KDOT) presented an agreement between KDOT, Baker University, and Douglas County, Kansas. This agreement is made in connection with KDOT Project for the construction of Highway K-10 east from the completed work at Highway K-10 and Highway 59 to a connection with Highway K-10 east of the City of Lawrence. A transcript -- based on audio recording of testimony and discussion,<BR>augmented by recollection of some inaudible comments -- is on file in the<BR>office of the County Administrator. A motion was made by Johnson to approve the Interlocal Agreement with the Kansas Department of Transportation and Baker University with regard to the South Lawrence Trafficway, which agreement includes provision for vacation of 31st Street by Douglas County, contingent upon the construction of the trafficway on the 32nd Street alignment. Motion was seconded by McElhaney and carried 2-1. Commissioner Jones opposed.</P> <P>Johnson moved for adjournment; Jones seconded and the motion carried unanimously.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>The Board of County Commissioners of Douglas County, Kansas, conducted a joint meeting with the Lecompton City Council at the Lecompton Community Building on Wednesday, October 2, 2002. Chairman McElhaney called the meeting to order at 6:40 P.M. with all members present.</P> <P><STRONG>PROCLAMATION 10-02-02</STRONG><BR>McElhaney read a Proclamation proclaiming the week of October 6-12, 2002 to be "National 4-H Week" in Douglas County. Jones made a motion to adopt the Proclamation as read, seconded by Johnson and carried unanimously.</P> <P><STRONG>CONSENT AGENDA 10-02-02</STRONG><BR>Jones made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5055. Order is on file in the office of the County Clerk.</LI></UL> <P>Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>PUBLIC WORKS &amp; MISCELLANEOUS 10-02-02<BR></STRONG>The Boards then discussed the following items with the Lecompton City Council:</P> <UL> <LI>Fireworks;</LI> <LI>1029 Project;</LI> <LI>Possible 1023 Project; and</LI> <LI>Possible boat dock on the Kansas River</LI></UL> <P>No action was taken.</P> <P><STRONG>APPOINTMENTS 10-02-02</STRONG><BR>McElhaney made a motion to appoint Roy Paslay to the Lecompton Fire District No. 1 Board of Directors to fill the unexpired term of Dan Reese, who has resigned. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PUBLIC WORKS &amp; AGREEMENTS 10-02-02</STRONG><BR>Keith Browning, Director of Public Works/County Engineer, presented a Change Order for Route 442 Project No. 23 C-3472-01. Browning explained that this project entails reconstruction portions of the roadway to improve the vertical alignment and thereby improve sight distance. The remaining portions of the roadway are to remain in place with shoulders added and frontslopes and backslopes flattened to improve roadside safety. The pavement on the portions of roadway that are to remain is deteriorating. The Kansas Department of Transportation (KDOT) has been contacted about milling and overlaying the upper 11/2" of those pavement areas that are to remain replace. KDOT has agreed to allow adding this work to the federally funded project. The total cost to add the milling and overlay work is estimated to be $85,902.65. Federal funds would pay for 80% of this work leaving Douglas County responsible for approxi mately $17,200 of the total added cost. Johnson made a motion to approve the change order to Project No. 23 C-3472-01 for the milling and overlaying of portions of pavement that will not be replaced as part of the project at a maxi mum cost to Douglas County of $20,000. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 10-02-02</STRONG><BR>Johnson moved approval of accounts payable in the amount of $140,334.77 to be paid 9/30/02. Jones seconded and the motion carried unanimously.</P> <P><STRONG>APPOINTMENTS 10-02-02</STRONG><BR>Johnson made a motion to appoint Pat Wells, County Treasurer, as the voting delegate and Kay Pesnell, Register of Deeds, as the alternate delegate for the 27th Annual Conference of the Kansas Association of Counties to be held November 18 and 19, 2002. Jones seconded and the motion carried unani mously.</P> <P>McElhaney made a motion for adjournment; seconded by Jones and carried unanimously.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 9:01 A.M. on Monday, October 7, 2002. All members were present. The Pledge of Allegiance was recited.</P> <P>Keith Browning, Director of Public Works/County Engineer, conducted a brief presentation recognizing the Public Works Operations crews for bridge repair work on Kasold Bridge.</P> <P><STRONG>PROCLAMATION 10-07-02</STRONG><BR>McElhaney read a proclamation proclaiming Thursday, October 10, 2002 as "Put the Brakes on Fatalities Day" in Douglas County, Kansas. Johnson made a motion to adopt the proclamation as read, seconded by Jones and carried unanimously.</P> <P>Peggy Wahlert, Director of Community Relations and Development of Cottonwood, Inc., read a proclamation proclaiming the week of October 12-20, 2002 as "National Javits-Wagner-O'Day Week." Jones moved approval of the proclama tion as read, seconded by Johnson and carried unanimously.</P> <P><STRONG>CONSENT AGENDA 10-07-02</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <UL> <LI>Note receipt of August fee reports;</LI> <LI>Approve the seventeen (17) Out-District College Tuition Statements in the amount of $30,636;</LI> <LI>Approve Home Rule Resolution No. HR-02-10-7 Amending the 1997 Edition of the Uniform Building Code, as adopted by Home Rule Resolution No. HR-99-6-2;</LI> <LI>Approve Resolution No. 02-22 relating to and amending a regulated planning and zoning classification within the unincorporated territory of Douglas County, Kansas. The zoning classification is changed from "A" (Agricultural District) to "I-2" (Light Industrial District) for Maple Grove North No. 2;</LI> <LI>Approve Resolution No. 02-23 relating to and amending a regulated planning and zoning classification within the unincorporated territory of Douglas County, Kansas. The zoning classification is changed from "A" (Agricultural District) to "A-1" (Suburban Home Residential District) for Oak Grove Estates; and</LI> <LI>Approve Contract for Apprisal Services with Keller and Associates for Project No. 23C-3688-01; County Route 1029 from Route 438 to Lecompton. McElhaney noted for the record that he is listed as a contractor of Keller and Associates. Craig Weinaug, County Adminis trator, asked that the record show that McElhaney was not getting paid for the project so there is no legal conflict requiring him to abstain.</LI></UL> <P>Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>ZONING 10-07-02</STRONG><BR>The Board considered approval of a request for a Temporary Business Use Permit received from Donna Wade Wingert, for the operation of a Flea Market to allow the retail sale of dried fruit and nuts from her residence at 693 E 1250 Road, Lawrence, KS. Keith Dabney, Director of Zoning &amp; Codes, was present for the discussion. Dabney noted that the proposed hours of operation will be from 7:30 A.M. to 6:30 P.M., from October 15 through November 30, 2002. The proposed location of the Temporary Business Use Permit would be in Mrs. Wingert's accessory building located at her residence. It is anticipated the parking area would be sufficient for approximately 20 parking spaces and space available for 200 plus vehicles on a gravel surface. Jones made a motion to approve the Temporary Business Use Permit, seconded by Johnson and carried. McElhaney abstained due to the fact that Mrs. Wingert is related to his wife.</P> <P><STRONG>INDUSTRIAL PARKS -- EAST HILLS 10-07-02</STRONG><BR>The Board considered approval of a request concerning property in East Hills Business Park that is leased by Amarr (The Garage Door Group). This request is that Douglas County, as owners of the property leased to Amarr, sign a Letter of Map Amendment (LOMA) application to remove a portion of the property from the Special Flood Hazard Area (SFHA). The basis of the application is that detailed survey data reveals that a portion of the property is currently above the base flood elevation (100-year floodplain), and therefore should not have been included in the SFHA. The topographic d&#160;s indeed show that a portion of the property is above the base flood elevation of approximately Elevation 816. John Selk, Landplan Engineering, was present for the discussion. Johnson made a motion to authorize the Chair to execute the LOMA application. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PUBLIC WORKS 10-07-02</STRONG><BR>The Board discussed the extension of Kasold Drive from 31st Street to the bridge over the Wakarusa River on E 1150 Road. Keith Browning, Director of Public Works/County Engineer, and George Williams, Special Projects Engineer, were present for the discussion. Williams presented information regarding the different alignments. It was the consensus of the Board that staff be directed to arrange a meeting with the Board and the Technical Advisory Committee to discuss future needs.</P> <P><STRONG>SHERIFF &amp; PURCHASING 10-07-02</STRONG><BR>The Board discussed the purchase of patrol vehicles for the Sheriff's Office. Weinaug explained that the Sheriff's budget allows for the purchase of nine (9) new vehicles. However, they would like to trade in six (6) of their high mileage cars and purchase nine (9) increasing their fleet by three (3). Johnson made a motion to authorize the solicitation of bids for the purchase of nine (9) new vehicles for the Sheriff's Office. Jones seconded and the motion carried unani mously.</P> <P><STRONG>PURCHASING, PUBLIC WORKS, &amp; SHERIFF 10-07-02</STRONG><BR>The Board discussed bids submitted for unleaded and diesel fuel. Jackie Waggoner, Purchasing Agent, was present for the discussion. Waggoner explained that three (3) bids (Capital City Oil, Fuelman of Mid America, and Zaroco) were received. Bidders were asked to submit (by completing a form) costs for freight, applicable taxes, and their per gallon rate over these costs. Additionally, they were required to provide a copy of the Oil Producer Index Survey (OPIS) average price for a specific date from their rack. Rather than just listing their per gallon rate on the form, Zaroco added their per gallon rate to the OPIS average to complete the form. Therefore, their bid amount is substantially higher by the average OPIS cost than the other two bidders and only the Board of County Commissioners has the authority to allow this type of correction to a bid. The Board has the following options with respect to the fuel bid:</P> <UL> <LI>Approve changes to be made to Zaroco's bid;</LI> <LI>Reject Zaroco's bid; or</LI> <LI>Rebid the fuel contract.</LI></UL> <P>Jones asked whether correcting the numbers left an opening for manipulation. Waggoner noted that the error was in the OPIS amount and the bottom dollar would not change. She also noted that the other two bidders have okayed the change. Jones then made a motion to authorize that changes be made to Zaroco's bid. Johnson seconded and the motion carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 10-07-02</STRONG><BR>Jones moved approval of accounts payable in the amount of $344,402.38 to be paid 10/7/02; accounts payable manual checks in the amount of $1,235.16; payroll in the amount of $604,530.26; and electronic funds transfers in the amounts of $37,158.74 for KPERS and $44,739.33 for FICA to be paid 10/4/02. Motion was seconded by Johnson and carried unanimously.</P> <P>Jones moved for adjournment; Johnson seconded and the motion carried.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 6:35 P.M. on Wednesday, October 16, 2002. All members were present. The Pledge of Allegiance was recited.</P> <P>Jones made a motion to approve the minutes of August 28, 2002. Johnson seconded and the motion carried unanimously.</P> <P><STRONG>CONSENT AGENDA 10-16-02</STRONG><BR>Johnson moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5056. Order is on file in the office of the County Clerk;</LI> <LI>Authorize the Chair to execute Termination of Parking Lease with Allen Press effective November 30, 2002; and</LI> <LI>Approve Amendment to Interlocal Cooperation Agreement with the City of Lawrence regarding Emergency Communications and adding a representative of Fire Chiefs Association to the 911 Advisory Board.</LI></UL> <P>Jones seconded and the motion carried unanimously.</P> <P><STRONG>MISCELLANEOUS 10-16-02</STRONG><BR>Lynn Parman, Vice President of Economic Development of the Lawrence Chamber of Commerce, presented an update on economic development program efforts. Parman then presented a request for funding of Economic Development Marketing Brochures. Jim Martin, Co-Chairman of the Douglas County-City of Lawrence Economic Development Board, was also present for the discussion. Martin explained that this is a one time request to have the resources to develop a high quality marketing package. These documents would be good for five (5) years. The current marketing materials are at least fifteen (15) years old and need to be updated. Martin stated that he believed we would lose potential jobs without these high quality documents to present to potential employers. Parman then presented a detailed description of the project including the budget and time line. She noted that a preliminary request for proposals was conducted and the bids received were approximately $50,000. Douglas County Development, Inc. (DCDI) has approved $10,000 for this expenditure and verbal approval has been received from Aquila for a $3,000 grant. The City of Lawrence has also agreed to contribute $20,000. Johnson stated that he was pleased to see that the private sector has also been solicited for funds. Jones stated that while he is pleased with the work that has been done, he was not comfortable with the proposal for a number of reasons. He expressed concern about the fact that this core docu ment hasn't been in included in the Chamber's budget in the past. He also noted that he d&#160;s not view DCDI's contribution as private money since it's ultimately funded by the taxpayers. Jones stated that other organizations have come before the Commission asking for funding with compelling stories who don't have the kind of fiscal resources available to them that the Chamber d&#160;s and he was not inclined to support this since he is not convinced that the Chamber has ex hausted its own internal resources. McElhaney stated that he was supportive of the request since he believes we need to be aggressive in attracting employers. Johnson then made the motion to approve the one-time request for $20,000 to help fund the development of marketing materials for the Economic Development Marketing Program. Motion was seconded by McElhaney and carried 2-1 with Jones opposing.</P> <P><STRONG>PARKS — WELLS OVERLOOK 10-16-02</STRONG><BR>McElhaney updated the Board on the continuing efforts at Wells Overlook Park. He stated that the Wells Overlook Restoration Committee has met and intends to start clearing all but a handful of hardwood trees from the park this fall. The project will also include burning and replanting the cleared area with native grasses, repairing or upgrading the existing sand box, preserving an existing shelter and picnic tables, hand-clearing of four trails, and adding an accessible ramp connecting the park and its 40-vehicle parking lot. McElhaney noted that he estimated that it would take up to twenty (20) months to clear all the trees by hand but he could probably accomplish the task in approximately three (3) weeks with bulldozers. It was the consensus of the Board to proceed with the plan as presented authorizing McElhaney to work out the details as to how it is accom plished.</P> <P><STRONG>ACCOUNTS PAYABLE 10-16-02</STRONG><BR>Johnson moved approval of accounts payable in the amount of $546,989.72 to be paid 10/14/02 and accounts payable manual checks in the amount of $365.54. Jones seconded and the motion carried unanimously.</P> <P><STRONG>APPOINTMENTS 10-16-02</STRONG><BR>Johnson made a motion to reappoint Kay Hodge, 891 E 300 Road, Overbrook, KS, and Alden Bradley, 2015 N 700 Road, Eudora, KS, to the Board of Zoning Appeals for three-year terms which shall expire October 31, 2005. Jones sec onded and the motion carried unanimously.</P> <P>Jones then requested staff to look into the possibility of limiting the number of terms that individuals can be appointed to boards. </P> <P>McElhaney made a motion for adjournment; seconded by Jones and carried unanimously.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 6:35 P.M. on Wednesday, October 23, 2002, with Commissioners McElhaney and Johnson present. Commissioner Jones participated via speaker phone. The Pledge of Allegiance was recited.</P> <P>Johnson made a motion to approve the minutes of September 24, 2002. Jones seconded and the motion carried unanimously.</P> <P><STRONG>CONSENT AGENDA 10-23-02</STRONG><BR>Johnson moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5057 and 5058. Orders are file in the office of the County Clerk; and</LI> <LI>Note receipt of fee reports for the month of September 2002.</LI></UL> <P>Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PUBLIC WORKS 10-23-02<BR></STRONG>The Board noted receipt of the 3-Year Summary of Accident Data on County Roadways. Keith Browning, Director of Public Works/County Engineer, was present for the discussion. Browning explained that the data was compiled by Andrew Morrow of the Department of Public Works for the Traffic Safety Advi sory Committee (TSAC). Browning noted that Morrow was also a member of the TSAC. The summaries were prepared to identify trends or obvious problems that should be addressed to improve safety on Douglas County roadways. No action was taken.</P> <P>Commissioner Jones excused himself at 7:15 P.M.</P> <P><STRONG>PUBLIC WORKS &amp; RESOLUTIONS 10-23-02</STRONG><BR>The Board considered approval of a Home Rule Resolution amending Section 9- 202 of the Douglas County Code and providing construction standards and permit requirements for entrances on county routes. Browning explained that this resolution combines the original entrance standards resolution (HR-88-11-8) and the recently approved shared entrance standards resolution (HR-02-7-3) into one resolution. This resolution d&#160;s not revise the construction standards or permit requirements for either single or shared entrances. Section 9-202-4 has been added to authorize the County Engineer to modify the entrance construction standards on a case-by-case basis if in his or her judgment strict adherence to the standards will involved increased risk to property or public safety. Browning then explained a current situation on Route 1045 where the entrance was constructed much too wide and the regulations were not enforced. The property has been sold and the new property owner runs a business which includes semi trailer traffic. In this particular situation, if you're southbound on 1045, as you go up on the hill there's a plateau, then you crest and the entrance is located as you start down. Browning stated that in this case it is appropriate to leave the en trance wider and this resolution would give him the authority to modify the standards. Johnson stated that he wanted to make sure the resolution stated that the discretion given to the County Engineer is with regard to safety issues and that it be documented and kept on file for future reference. Johnson also sug gested that the inspection fee of $25 be increased. McElhaney suggested that it be increased to $75. It was the consensus of the Board to direct staff to make the suggested changes to the home rule resolution and place it on a future agenda. The Board also directed staff to send a letter along with the new regulation to the townships and the Homebuilder's Association for their information.</P> <P>The Board then heard comments from Walt Spencer.</P> <P><STRONG>MISCELLANEOUS 10-23-02</STRONG><BR>The Board discussed a letter received from Congressman Dennis Moore re questing input from local officials on the issue combined statistical areas. John son made a motion to authorize staff to draft a letter for the Board's signature indicating that the Douglas County Commission feels strongly that Lawrence and Douglas County should not be lumped together with Kansas City as part of the Kansas City Metropolitan Area. McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 10-23-02</STRONG><BR>Johnson moved approval of accounts payable in the amount of $121,761.90 to be paid 10/21/02; accounts payable manual checks in the amount of $1,235.16; payroll in the amount of $551,282.24; and electronic funds transfers in the amounts of $40,662.10 for FICA and $31,865.74 for KPERS to be paid 10/25/02. McElhaney seconded and the motion carried.</P> <P>McElhaney then made a motion for adjournment; seconded by Johnson and carried.</P> <P>_____________________________ ________________________________<BR>Jere McElhaney, Chair Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ ________________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 9:03 A.M. on Monday, November 4, 2002. All members were present. The Pledge of Allegiance was recited.</P> <P>Jones moved approval of the minutes of April 17, April 29, May 6, May 8, May 15, and May 29, 2002. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>CONSENT AGENDA 11-04-02</STRONG> <BR>Jones moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5057 and 5060. Orders are on file in the office of the County Clerk;</LI> <LI>Approve the Annual Review of the Douglas/Jefferson Counties Regional Solid Waste Management plan; and</LI> <LI>Approve grant offer from COPS MORE for a Mobile Data System in the amount of $318,409 with a required match of $106,153.</LI></UL> <P>McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>PLANNING 11-04-02</STRONG><BR>The Board considered approval of CUP-08-06-02, a permanent Conditional Use Permit for placement of a voltage regulator. The property is generally located at the southwest quadrant of E 1800 Road and N 200 Road. Submitted by Kansas City Power and Light Company for Robert L. Madl, property owner of record. Brian Pedrotti, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented the item. This item comes to the Board with a unanimous recommendation for approval based upon the following Findings of Fact:</P> <P>Zoning and uses of property nearby. The subject property is located generally at the southwest corner of E 1800 Road and N 200 Road. The site is agriculturally zoned and undeveloped. Surrounding property is agriculturally zoned and is undeveloped, agricultural property with scattered residences.</P> <P>Character of the area. The site is approximately 1 acre in size and is located on a portion of approximately 67 acres owned by Mr. Robert Madl. The area is largely agricultural and undeveloped in nature. It contains scattered residences.</P> <P>Suitability of subject property for the uses to which it has been restricted.The subject site is suited for the uses to which it has been restricted. </P> <P>Length of time subject property has remained vacant as zoned. The subject area has been zoned "A" (Agricultural) District since the adoption of the zoning regulations in the unincorporated portions of Douglas County in 1966.</P> <P>Extent to which removal of restrictions will detrimentally affect nearby property. The restrictions on this site are not being removed. A conditional use is being permitted through this request. The addition of this use to this site is not anticipated to detrimentally affect nearby property.</P> <P>Relative gain to the public health, safety and welfare by the destruction of the value of the petitioner's property as compared to the hardship imposed upon the individual landowners. Denial of the request is not expected to provide any gain to the public health, safety and welfare.</P> <P>Conformance with The Comprehensive Plan. The Conditional Use Permit for the proposed facility is not in conflict with Horizon 2020.</P> <P>AND subject to the following conditions:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>1. Issues or concerns raised or identified by the Baldwin City Planning Commission in their public hearing process that were not part of the public hearing process held by the Lawrence-Douglas County Metropolitan Planning Commission be forwarded to the County Commission along with the individual recommendations of both Planning Commissions; and</P> <P dir=ltr>2. Approval of the proposed driveway by the Palmyra Township Board prior to construction.</P></BLOCKQUOTE> <P dir=ltr>Pedrotti noted that the Baldwin City Planning Commission has also approved the CUP. Jones made a motion to approve CUP-08-06-02 subject to the above conditions, noting that the five (5) and ten (10) year review process will not be necessary since this is a utility. McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>PURCHASING &amp; PUBLIC WORKS 11-04-02</STRONG><BR>The Board discussed bids received for the purchase of two (2) heavy duty tandem dump trucks, two (2) snow plows, and two (2) spreaders for the Public Works Operation Division. McElhaney made a motion to accept the low bid received from KCR International Trucks in the amount of $201,808; authorize the rejection of the trade-in offers of two (2) dump trucks both with a snow plow and spreader; and authorize staff to send the trucks to Nationwide Auction for auction. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 11-04-02<BR></STRONG>Jones moved approval of accounts payable in the amount of $419,983.92; accounts payable manual checks in the amount of $1235.16; payroll in the amount of $552,817.33; and electronic funds transfers in the amounts of $40,765.69 for FICA and $31,869.67 for KPERS to be paid 11/1/02. Motion was seconded by McElhaney and carried unanimously.</P> <P>McElhaney made a motion to adjourn; seconded by Jones and carried unanimously.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>The Board of County Commissioners of Douglas County met in special session on Friday, November 8, 2002 with all members present. The purpose of the special meeting was to canvass the results of the General Election which was held on Tuesday, November 5, 2002.</P> <P>There were one thousand seventy-eight (1078) provisional ballots. Patty Jaimes, County Clerk, recommended that six hundred ninety-six (696) of which be counted. These were voters that either moved and failed to re-register or had a name change. Jaimes then recommended that the remaining three hundred eighty-two (382) not be counted due to new registrants, no signatures, or voting after the noon deadline by advanced voters. Jaimes noted her recommendations were based on guidelines issued by the Secretary of State and approved by the County Clerk's Association.</P> <P>Jones made a motion that Ms. Jaimes recommendations be approved; Johnson seconded and the motion carried unanimously.</P> <P>It should be noted that after the additional ballots were counted, the election results were not changed and no errors were found.</P> <P>McElhaney made a motion to adjourn; Johnson seconded and the motion carried.</P> <P>_____________________________ _______________________________<BR>Jere McElhaney, Chair Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _______________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 9:02 A.M. on Monday, November 11, 2002. All members were present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 11-11-02</STRONG><BR>Johnson moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5061 and 5062. Orders are on file in the office of the County Clerk;</LI> <LI>Approve the fifteen (15) Out-District College Tuition Statements in the amount of $116,016;</LI> <LI>Approve Resolution No. 02-23 establishing a 30 miles per hour speed limit for a road construction zone located on County Route No. 1061; and</LI> <LI>Note receipt of fee reports for the month of October, 2002.</LI></UL> <P>Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 11-11-02</STRONG><BR>Jane Bateman, representative of the Floodplain Regulation Subcommittee of the Planning Commission, appeared before the Board to discuss possible floodplain regulations in the unincorporated area of the county. John Haase, Roger Schenewerk, and Bryan Dyer were also present for the discussion. Bateman explained that the subcommittee recently completed this process for the city. Jones questioned the advantages and disadvantages of doing more than FEMA requires. Bateman responded that the FEMA map started 5 or 6 years ago and has already been altered. Some areas will flood more, some won't flood at all. Jones stated that he would like to see the FEMA floodplain maps showing where growth is expected. McElhaney noted he would like to think about it for a week or two before giving direction. Johnson suggested that an invitation be extended to Eudora, Baldwin and Lecompton to join the County Commission in discussion in a few weeks. </P> <P><STRONG>PLANNING 11-11-02</STRONG><BR>The Board considered Item No. 15 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated September 25, 2002. This item is TA-05-03-02: Text Amendment to Section 21-901.6 of the Joint City/County Subdivision Regulations to include a definition of the term "Undue Hardship." Mark Wilson, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. This item comes to the Board with a recommendation for approval of the following text amendment:</P> <P><STRONG>21-802. VARIANCES.</STRONG><BR>In cases where there is hardship in carrying out the literal provi sions of these regulations (such as design criteria pertaining to lot width, lot depth, block depth, etc.), the planning commission may grant a variance from such provisions, except that in cases where there is hardship in carrying out the literal provisions found in section 21-706 (sanitary sewers) the appropriate governing body may grant a variance from such provisions.</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>(a) An application for a variance shall be made to the planning department. The planning commission shall give the applicant and any other interested persons an opportunity to be heard with respect to the proposed application for a variance from the provisions of the regula tions, except that the governing body shall give the applicant and any other interested persons an opportunity to be heard with respect to the proposed application for a variance from the provisions of section 21- 705.</P> <P>(b) A variance shall not be granted unless all of the following apply:<BR>(1) Strict application of these regulations will create an unnecessary hardship upon the subdivider;<BR>(2) The proposed variance is in harmony with the intended purpose of these regulations; and<BR>(3) The public health, safety and welfare will be protected. (Ord. 5500)</P></BLOCKQUOTE> <P><STRONG>21-901.7 (47) <U>Unnecessary Hardship</U>. The condition resulting from applica tion of these regulations when viewing the property in its environ ment that is so unreasonable as to become an arbitrary and capricious interference with the basic right of private property ownership, or convincing proof exists that it is impossible to use the property for a conforming use, or sufficient factors exist to constitute a hardship that would in effect deprive the owner of their property without compensation. Mere financial loss or the loss of a potential financial advantage d&#160;s not constitute unnec essary hardship.</STRONG></P> <P>Jones made a motion to approve Resolution No. 02-37 approving the above text amendment, seconded by Johnson and carried unanimously.</P> <P><STRONG>AGREEMENTS &amp; TREASURER 11-11-02</STRONG><BR>The Board considered approval of a lease agreement with Baldwin Properties, L.L.C. for the Baldwin Satellite Office. Johnson asked that there be an "out" clause added to the agreement in case future budgetary problems necessitate the need to close that office. It was the consensus of the Board to table this item, directing the County Treasurer to meet with the County Counselor to amend the agreement to include an "out" clause.</P> <P><STRONG>AGREEMENTS, PURCHASING, SHERIFF, &amp; PUBLIC WORKS 11-11-02<BR></STRONG>The Board discussed bids received for the County fuel contract. Jackie Waggoner, Buyer, presented this item. Three bids were received with the low bid being submitted by Zaroco. However, Zaroco carries only clear diesel fuel which would require the County to apply for a refund from the state for off road diesel fuel tax. This could involve a considerable amount of staff's time to monitor and apply for these refunds. The Public Works Department has expressed concern since Zaroco's two locations which provide diesel are located in areas that would be difficult and unsafe for large equipment (1500 E. 23rd Street and 647 E 1250 Road). Capital City Oil's location provides a more accessible and safer location and a more reliable accounting approach. Jones made a motion to accept the low bid received from Zaroco. Johnson seconded the motion which carried unanimously.</P> <P><STRONG>PURCHASING &amp; INFORMATION TECHNOLOGY 11-11-02</STRONG><BR>The Board discussed proposals received for a Storage Area Network (SAN). Six (6) proposals were received and three (3) suppliers were interviewed. Jim Lawson, Director of Information Technology, and Jackie Waggoner, Buyer, were present for the discussion. Staff requested authorization to negotiate a final contract with Tallgrass Technologies. In the event negotiations are not success ful, staff requested authorization to negotiate with Hitachi Data Systems. John son made a motion to authorize staff to negotiate with Tallgrass Technologies and possibly Hitachi Data Systems for a Storage Area Network. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PUBLIC WORKS 11-11-02<BR></STRONG>The Board then discussed the Capital Improvement Program. Keith Browning, Director of Public Works/County Engineer, presented additional projects for the program. It was the consensus of the Board to table further discussion until a later date.</P> <P><STRONG>ACCOUNTS PAYABLE 11-11-02</STRONG><BR>Johnson moved approval of accounts payable in the amount of $198,600.54 to be paid 11/11/02; DA longevity payroll in the amount of $8,250; and electronic funds transfers in the amounts of $632.70 for FICA and $219.00 for KPERS to be paid 11/8/02. Motion was seconded by McElhaney and carried.</P> <P>McElhaney moved for adjournment. Johnson seconded and the motion carried.</P> <P>_____________________________ _______________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _______________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 6:36 P.M. on Wednesday, November 13, 2002. All members were present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 11-13-02</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5063, 5064, 5065 and 5066. Orders are on file in the office of the County Clerk.</LI></UL> <P>Johnson seconded and the motion carried unanimously.</P> <P><STRONG>PLANNING 11-13-02<BR></STRONG>The Board considered approval of CUP-08-07-02, a Conditional Use Permit request for Schaake's Pumpkin Patch, including the sale of farm-related mer chandise not produced on the farm. The property is generally located at 1791 N 1500 Road. Brian Pedrotti, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. This item comes to the Board with a unanimous recommendation for approval based upon the following Findings of Fact:</P> <P>Zoning and uses of property nearby. The subject site is located on N 1500 Road. Surrounding zoning includes "A" (Agricultural) on all sides. Surrounding land uses are primarily agricultural with farm residences.</P> <P>Character of the area. The northern portion of the property is currently devel oped with Schaake's Pumpkin Patch. The remainder of the property is agricul tural. The character of the surrounding area is agricultural, with East Hills Business Park about 1/4 mile to the west and south.</P> <P>Suitability of subject property for the uses to which it has been restricted.The subject site is suitable for the proposed uses of agricultural and other products sales.</P> <P>Length of time subject property has remained vacant as zoned. The subject property is developed with the Schaake's Pumpkin Patch business. The primary sales use has existed for over 25 years. The property has been zoned "A" (Agricultural) District since 1966.</P> <P>Extent to which removal of restrictions will detrimentally affect nearby property. Traffic, visual, and noise impacts from the site will not substantially change from past conditions. The proposal should not detrimentally affect nearby property.</P> <P>Relative gain to the public health, safety and welfare by the destruction of the value of the petitioner's property as compared to the hardship imposed upon the individual landowners. The primary benefit and/or gain to the public health, safety, and welfare of the Conditional Use Permit for the market is that it would provide residents and businesses of Douglas County with farm-grown agricultural and ag-related products. Denial of the request would impose a hardship on the applicant by requiring them to cease any non-farm product sales.</P> <P>Conformance with The Comprehensive Plan. The Conditional Use Permit for the proposed facility is consistent with the goals and policies in Horizon 2020.</P> <P>AND subject to the following conditions:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>1. Revise the text of the site plan to provide the following information:<BR>a. Provision of a note on the site plan stating, "Retail sales of items not produced on site is limited to 3,500 square feet of floor area."<BR><BR>2. Provision of a note on the face of the site plan stating, "The Conditional Use Permit will be re-evaluated by the County Commission in Febru ary, 2007. The CUP will expire in February 2012. Continuation of the use covered by this CUP beyond February 2012 will require rezoning or approval of a new CUP."</P></BLOCKQUOTE> <P>After discussion Jones made a motion to approve CUP-08-07-02 subject to the above conditions. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 11-13-02</STRONG><BR>Jones moved approval of accounts payable manual checks in the amounts of $760.00 and $469.16. McElhaney seconded and the motion carried unani mously.</P> <P><STRONG>JUDICIAL &amp; LAW ENFORCEMENT BUILDING 11-13-02</STRONG><BR>Jones requested that a walking tour of the newly remodeled Judicial &amp; Law Enforcement Building be scheduled on Monday, November 18, 2002.</P> <P><STRONG>MISCELLANEOUS 11-13-02</STRONG><BR>Jones then discussed the enforcement of vicious dog ordinances. He directed staff to schedule a joint city/county meeting for further discussion. </P> <P>McElhaney moved for adjournment. Jones seconded and the motion carried unanimously.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 9:07 A.M. on Monday, November 18, 2002, with all members present. The Pledge of Allegiance was recited.</P> <P>Johnson made a motion to approve the minutes of April 10, June 3, and June 10, 2002; Jones seconded and the motion carried unanimously.</P> <P><STRONG>CONSENT AGENDA 11-18-02</STRONG><BR>There were no consent items.</P> <P><STRONG>ACCOUNTS PAYABLE 11-18-02</STRONG><BR>Jones moved approval of accounts payable in the amount of $272,920.41 to be paid 11/18/02; accounts payable manual checks in the amount of $1,235.16; payroll in the amount of $586,084.55; and electronic funds transfers in the amounts of $41,376.81 for FICA, and $31,921.85 for KPERS. Johnson sec onded, and the motion carried unanimously.</P> <P><STRONG>COURTHOUSE AND JUDICIAL &amp; LAW ENFORCEMENT CENTER 11-18-02</STRONG><BR>The Board toured the newly renovated Douglas County Courthouse and Judicial &amp; Law Enforcement Center. No action was taken.</P> <P>McElhaney moved for adjournment; Johnson seconded and the motion carried.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>The Board of County Commissioners of Douglas County, Kansas, conducted a joint meeting with the Eudora City Council and Eudora School Board at Eudora City Hall on Wednesday, November 20, 2002. Chairman McElhaney called the meeting to order at 6:35 P.M. with all members present. The Pledge of Allegiance was recited.</P> <P>The Boards discussed the following items:</P> <UL> <LI>Fireworks regulations;</LI> <LI>14th and Church intersection;</LI> <LI>Church Street bridge across K-10</LI> <LI>County Route 1061/28th Street to K-10</LI> <LI>K-10 Ramp/Winchester Road;</LI> <LI>Main Street/10th to the railroad tracks; and</LI> <LI>South Lawrence Trafficway.</LI></UL> <P>No action was taken.<BR><BR>McElhaney made a motion to adjourn; seconded by Jones and carried unanimously.<BR><BR>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 9:05 A.M. on Monday, November 25, 2002, with all members present. The Pledge of Allegiance was recited.</P> <P>Johnson made a motion to approve the minutes of June 24, June 26, July 1, July 2, July 3, July 8 and November 18, 2002; Jones seconded and the motion carried unanimously.</P> <P><STRONG>CONSENT AGENDA 11-25-02 <BR></STRONG>Jones made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5067, 5068 and 5069. Orders are on file in the office of the County Clerk.</LI></UL> <P>Johnson seconded and the motion carried unanimously.</P> <P><STRONG>PLANNING 11-25-02</STRONG><BR>The Board considered Item No. 12 of the Lawrence-Douglas County Metropoli tan Planning Commission dated October 23, 2002. This item is TA-05-02A-02: Text Amendment to Section 21-104(a) of the Joint City/County Subdivision Regulations to require subdivision plats within the City of Lawrence to include all contiguous land under the same ownership. Initiated by the Planning Commis sion May 29, 2002. Bryan Dyer, staff member of the Lawrence-Douglas County Metropolitan Planning Department, was present for the discussion. This item comes to the Board with a unanimous recommendation of approval of the following text amendment (proposed additions to the regulations are in bold):</P> <P><STRONG>21-104. APPLICABILITY.</STRONG></P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>(a) For property in the unincorporated area of Douglas County, after the effective date of these regulations, any owner (or owners) subdividing land or establishing any alley, street, or other property intended for public use or for the use of purchasers or owners of lots, tracts, or parcels of land fronting on or adjacent thereto, shall cause a subdivision plat to be made in accordance with these regula tions unless exempted under Section 21-105 of this article. The Regis ter of Deeds of Douglas County shall not record any plat of a subdivi sion until such plat bears the endorsement of the Planning Commission.</P> <P>(b) For property within the incorporated city limits of Law rence, subdividing land for development that requires a building permit or for the establishment of any public street, alley, or easement, after [insert jt. Ord/Res. Number and publication date], shall be cause for the platting of all contiguously owned lands of the subdivider that are not platted or were platted but are now in ownership patterns that are not congruent with the existing platted lot lines. This provision shall apply to all property divi sions that are not exempt from the subdivision regulations, regardless of their current state of development or lack of devel opment. Plats submitted for review shall cover all contiguously owned lands that are under the subdivider's ownership at the time of plat submittal to the Lawrence-Douglas County Planning Office for review and recommendation. The Register of Deeds of Douglas County shall not record any plat of a subdivision until such plat bears the endorsement of the Planning Commission.</P> <P>(c) Article 12 of these regulations shall apply to any new building located within the plat approval jurisdiction of the City of Lawrence or Douglas County, Kansas. (Ord. 6146)</P></BLOCKQUOTE> <P>It was the consensus of the Board to table this item until the City Commission has acted on it since the amendment affects property within the City limits.</P> <P><STRONG>PURCHASING 11-25-02</STRONG><BR>The Board considered approval of the purchase of a tractor and mower for the Maintenance Department. Jackie Waggoner, Purchasing Agent, was present for the discussion. The bid considered the purchase of one (1) John Deere 4410 tractor mower, and trade-in of one (1) 2000 John Deere 4400 tractor mower. Two (2) bids were received with Deems Farm Equipment, Inc., submitting the low bid of $18,810 for the unit less trade-in allowance of $13,510 for a cost of $5,300. Johnson moved approval of the bid from Deems Farm Equipment, Inc. (including trade-in) in the amount of $5,300. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>INFORMATION TECHNOLOGY &amp; AGREEMENTS 11-25-02</STRONG><BR>On November 11, 2002, the Board authorized staff to negotiate with Tallgrass Technologies for a storage area network. Jackie Waggoner, Purchasing Agent, gave a brief summary of the results of the negotiations. Jones made a motion to accept the negotiated proposal of $97,881 from Tallgrass Technologies for the purchase of a storage area network; Johnson seconded and the motion carried unanimously.</P> <P><STRONG>RESOLUTIONS 11-25-02</STRONG><BR>The Board considered approval of Resolution No. 02-24 authorizing and approv ing the extension of maturity of $400,000 principal amount of temporary notes, Series 2002-1, of Douglas County, Kansas; and making certain covenants and agreements in connection therewith. Johnson made a motion to approve Resolu tion No. 02-24, seconded by Jones and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 11-25-02</STRONG><BR>The Board noted receipt of the Investment Committee Report. The Board accepted the report and thanked the committee which consisted of Tom Single ton, Laverne Epp, Pat Wells, and Pam Madl. No action was taken.</P> <P><STRONG>ACCOUNTS PAYABLE 11-25-02</STRONG><BR>Jones moved approval of accounts payable in the amount of $339,044.87 to be paid 11/25/02; Lump Sum Merit Payroll in the amount of $68,312.69; and electronic funds transfers in the amounts of $5,234.46 for FICA and $1,967.59 for KPERS to be paid 11/22/02. Johnson seconded, and the motion carried unani mously.</P> <P>McElhaney moved for adjournment; Jones seconded and the motion carried unanimously.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 6:36 P.M. on Monday, December, 2, 2002. All members were present. The Pledge of Allegiance was recited.</P> <P>Jones made a motion to approve the minutes of July 10, July 15, and July 24, 2002. Johnson seconded and the motion carried.</P> <P><STRONG>CONSENT AGENDA 12-02-02<BR></STRONG>Jones made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5070, 5071, 5072, 5073, 5074, and 5075. Orders are on file in the office of the County Clerk;</LI> <LI>Authorize Notice to Townships for cereal malt beverage licenses to Kanwaka Township for Clinton Cove Mini Mart; Willow Springs Town ship for Baldwin Junction Enterprises and Scott Zaremba, dba Zarco; Eudora Township for James Bigger, dba Eudora Riverview Golf and Larry Stewart, dba Gilded Cage; Grant Township for Wesley R Kabler, dba Flamingo Catering and Wesley R Kabler, dba The Bird of Law rence;</LI> <LI>Approve Emergency Vehicle Permit to Steve Weese; and table approval of resolution amending a Planning and Zoning Classifi cation from "A-1" Suburban Home Resolution to "B-3" Limited Busi ness District for a later date. </LI></UL> <P>Johnson seconded and the motion carried unanimously.</P> <P><STRONG>MISCELLANEOUS 12-02-02<BR></STRONG>Ann Evans presented information on the economic impact study of the Non- Profit arts by local arts organizations. The study concluded that the Non-Profit Arts in Lawrence are directly responsible for $17 million. In comparison to other cities of our size and some larger cities, Lawrence exceeded in monies brought into the community. The conclusion is that the Arts in Lawrence are important to the community.</P> <P><STRONG>PLANNING 12-02-02</STRONG><BR>The Board discussed floodplain regulations with the Special Projects Committee of the Lawrence-Douglas County Metropolitan Planning Commission. Bryan Dyer, staff member of the Lawrence-Douglas County Metropolitan Planning Department, was present for the discussion. New FEMA maps were presented. Dyer reported that planning staff requested information regarding areas that have repeated flooding, however, FEMA did not respond. Keith Browning, Director of Public Works/County Engineer, and Keith Dabney, Director of Zoning &amp; Codes, noted two areas of concern -- the Southgate Subdivision and Lone Star area. Johnson questioned why the County should do anything more about the flood plains than the FEMA maps. Dyer responded that the Special Projects Commit tee is not asking that the entire County be looked at but their concern is filling in the floodplain, specifically the area that is close to the City. Johnson and Jones stated they would consider regulations beyond FEMA's requirements in the Urban Growth Area of the City within the County and requested a recommenda tion from the Committee for both of the areas that are flood prone. McElhaney stated that these concerns have already been addressed in the planning stage of the development noting that he wasn't interested in further discussion unless the Soil Conservation Service had additional information for consideration.</P> <P><STRONG>HEALTH -- PUBLIC 12-02-02</STRONG><BR>Bert Rowell, member of the Lawrence-Douglas County Health Board, presented a report from the Health Department on air quality. Rowell noted that although Douglas County is not in violation of any air quality standards at the moment, there is a concern that the EPA may expand the Kansas City Metropolitan Statistical Area to include Douglas County. The Air Quality Advisory Committee has met quarterly and discussed ozone concerns.</P> <P><STRONG>BUDGET 12-02-02<BR></STRONG>The Board discussed budget reductions in response to the Governor's recent announcement of budget cuts. Craig Weinaug, County Administrator, explained the impact of these cuts. Weinaug will meet with department heads and elected officials to review the 2003 budget. Once that process is complete, Weinaug will present recommendations to the Commission for action.</P> <P><STRONG>ACCOUNTS PAYABLE 12-02-02</STRONG><BR>Johnson moved approval of accounts payable in the amount of $255,668.12; accounts payable manual checks in the amounts of $1235.16, $131.55, $10.40, $211.82, $211.09, and $2479.30; payroll of $553,541.43; and electronic funds transfers in the amounts of $41,894.06 for FICA and $32,440.12 for KPERS to be paid 11/27/02. Jones seconded and the motion carried unanimously.</P> <P><STRONG>APPOINTMENTS 12-02-02</STRONG><BR>Jones made a motion to appoint the following individuals to the Douglas County Fair Board:</P> <UL> <LI>Lee Queen, 865 E 550 Road, Lawrence, KS 66047, representing Marion Township;</LI> <LI>Jim Gabriel, 2267 N 1200 Road, Eudora, KS 66025, representing Eudora Township; and</LI> <LI>Kim Booth, 1027 E 1200 Road, Lawrence, KS 66047, representing Wakarusa Township.</LI></UL> <P>Johnson seconded and the motion carried unanimously.</P> <P><STRONG>MISCELLANEOUS 12-02-02</STRONG><BR>Commissioner Charles Jones informed the Commission that due to personal issues, he would need to resign his position as County Commissioner effective December 11, 2002, and will be sworn back in on January 13, 2003. </P> <P><STRONG>MISCELLANEOUS 12-02-02</STRONG><BR>Don Cashatt asked the Commission when and if the County had sanctioned the newly formed "National Area Heritage" committee that is lead by David Dunfield. Commissioner Johnson informed Mr. Cashatt that it was sanctioned by both City and County. The County Commission approved the appointments to the commit tee on December 19, 2001. The committee was formed to put together a preliminary feasibility analysis on wether this is something that would benefit this community. </P> <P>McElhaney made a motion for adjournment. Jones seconded and the motion carried unanimously.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>The Board of County Commissioners of Douglas County, Kansas, conducted a joint meeting with the Lawrence-Douglas County Metropolitan Planning Commis sion, Lawrence City Commission and the Lawrence School Board on Wednes day, December 4, 2002. Chairman McElhaney called the meeting to order at 7:30 A.M. with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>PLANNING 12-04-02<BR></STRONG>Linda Finger, Director of the Lawrence-Douglas County Metropolitan Planning Department, conducted a presentation of maps showing the size of parcels in the unincorporated area. No action was taken.</P> <P><STRONG>CONSENT AGENDA 12-04-02</STRONG><BR>Johnson made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5076 and 5077. Orders are on file in the office of the County Clerk.</LI></UL> <P>Motion was seconded by Jones and carried unanimously.</P> <P>McElhaney made a motion for adjournment. Jones seconded and the motion carried unanimously. </P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 9:05 A.M. on Monday, December 9, 2002. All members were present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 12-09-02</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5078 and 5079. Orders are on file in the office of the County Clerk; and</LI> <LI>Authorize the Chair to affix his signature to Department of the Army Easement for Pipeline Right-of-Way Located on Clinton Lake, Douglas County, Kansas.</LI></UL> <P>Johnson seconded and the motion carried unanimously.</P> <P><STRONG>RESOLUTIONS &amp; BUDGET 12-09-02</STRONG><BR>The Board discussed the possibility of adopting a resolution authorizing Douglas County to be listed as a named party in legal action by the Kansas Association of Counties with respect to demand transfer payment reductions recently made by Governor Graves. Craig Weinaug, County Administrator, recommended that Douglas County not participate. Johnson made a motion that Douglas County not participate in the legal action by the Kansas Association of Counties. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 12-09-02</STRONG><BR>The Board conducted a work session with the Douglas County legislative delegation to discuss the upcoming legislative session. No action was taken.</P> <P><STRONG>PARKING 12-09-02</STRONG><BR>The Board discussed a proposal received from Walker Parking Consultants to conduct a parking study. It was the consensus of the Board that this is the wrong time for this expenditure. However, the parking in the lot directly east of the Judicial &amp; Law Enforcement Center needs to be addressed. Jones will appoint a committee to make recommendations.</P> <P><STRONG>ACCOUNTS PAYABLE 12-09-02</STRONG><BR>Jones moved approval of accounts payable in the amount of $102,371.70 to be paid 12/9/02 and accounts payable manual checks in the amounts of $3,044.16 and $500.00. Johnson seconded and the motion carried unanimously.</P> <P>McElhaney moved for adjournment. Jones seconded and the motion carried unanimously.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 6:37 P.M. on Wednesday, December 11, 2002. All members were present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 12-11-02</STRONG> <BR>Johnson made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5080, 5081, 5082 and 5083. Orders are on file in the office of the County Clerk.</LI> <LI>Approve Resolution No. 02-25 Relating to and Amending a Regulated Planning and Zoning Classification within the Unincorporated Territory of Douglas County, Kansas Changing the Zoning Classification from "A-1" (Suburban Home Residential District) to "B-3" (Limited Business District) on property described as Lot 7, Final Plat of Lake Estates Subdivision No. 6; and</LI> <LI>Table the item "Consider approval of Updated Entrance Standards &amp; Permit Resolution" requesting that staff verify that the townships also have the same authority.</LI></UL> <P>Jones seconded and the motion carried unanimously.</P> <P><STRONG>MISCELLANEOUS 12-11-02<BR></STRONG>Kelvin Heck, co-chair of ECO2 Committee presented results of the ECO2 study to the Board. The documents provided were:</P> <UL> <LI>ECO2 Initiative report</LI> <LI>Complete Labor Shed Survey from Fort Hays State University</LI> <LI>GIS maps</LI></UL> <P>The Board thanked the Committee for their work and asked them to return at a later date to discuss any questions they might have.</P> <P><STRONG>PLANNING 12-11-02</STRONG><BR>The Board considered Item No. 12 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated October 23, 2002. This item is TA-05-02A-02: Text Amendment to Section 21-104(a) of the Joint City/County Subdivision Regulations to require subdivision plats within the City of Lawrence to include all contiguous land under the same ownership. This item was tabled by the County Commission on November 25, 2002 pending action by the City of Lawrence. Since that meeting, the City has approved drafting the text amend ment into Ordinance form. The City Commission has had one reading and will have a second reading coming up as well. The City of Lawrence has to have two readings before it is formally adopted. Jones made a motion to approve Resolution No. 02-26, a Joint Ordinance/Resolution of the City of Lawrence, Kansas, and The Board of County Commissioners of Douglas County, Kansas amending Section 21-104(a) of the Joint City/County Subdivision Regulations of the "Code of the City of Lawrence, Kansas, 2002," and amendments thereto to require subdivision plats within the City of Lawrence to include all contiguous land under the same ownership. Johnson seconded and the motion carried unanimously.</P> <P><STRONG>PARKS 12-11-02</STRONG><BR>Dennis Enslinger, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented additional information surrounding the nomina tion of Black Jack Battlefield Park that was requested by the Board at their meeting held on September 25th, 2002. After public discussion the Board agreed to write a letter in support of Black Jack Battlefield Park also stating their con cerns about the environs law and how it effects the surrounding properties. Jones suggested discussions also start on forming a Local Historic Committee. Johnson moved to support the nomination of Black Jack Battlefield Park to the National Register. Jones seconded and the motion carried 2-1 with McElhaney opposed.</P> <P><STRONG>MISCELLANEOUS 12-11-02<BR></STRONG>The Board considered a request for funding from Judy Billings, Director of the Lawrence Convention &amp; Visitor Bureau, to support the Heritage Summit. The<BR>cost of the summit is $15,750. Funding will also be requested from surrounding cities and counties. The City of Lawrence has offered to pay the entire amount. McElhaney stated that he believes it is a good idea but not the right time consid ering the recent budget cuts. Jones and Johnson also agree with the idea of the summit and are in support of some kind of funding. Jones made a motion of a 60/40 support, with the County being the low end. Johnson seconded and the motion carried 2-1 with McElhaney opposed.</P> <P><STRONG>FIREWORKS REGULATIONS 12-11-02</STRONG><BR>The Board discussed the Fireworks regulations in the unincorporated areas of Douglas County. Johnson suggested the regulations stay the same until next year. Then sometime in August a discussion would be held and if any changes need to be made it would be dealt with at that time. Jones made a motion to table this item until August. Johnson seconded and the motion carried unani mously.</P> <P><STRONG>PERSONNEL 12-11-02</STRONG><BR>Johnson moved approval of a 2% cost of living adjustment for 2003. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 12-11-02</STRONG><BR>Jones moved approval of Notice to Clinton Township for cereal malt beverage license for Clinton Marina. Johnson seconded and the motion carried unani mously.</P> <P><STRONG>APPOINTMENTS 12-11-02</STRONG><BR>Johnson made a motion to appoint Pastor Judy Long O'Neal, 890 E 1750 Road, Baldwin City, Kansas, to the Lawrence-Douglas County Mental Health Board for a three-year term which shall expire on May 31, 2006. Jones seconded and the motion carried unanimously.</P> <P>McElhaney moved for adjournment. Jones seconded and the motion carried.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 6:35 P.M. on Wednesday, December 18, 2002. All members were present. Commissioner-elect Jones was also present. The Pledge of Allegiance was recited.</P> <P>Johnson moved approval of the minutes of July 9, August 9, August 19, August 21, August 26, September 9, September 18, September 23, October 2, October 7, and October 16, 2002. Motion was seconded by McElhaney and carried.</P> <P><STRONG>CONSENT AGENDA 12-18-02</STRONG><BR>Johnson moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5084, 5085 and 5086. Orders are on file in the office of the County Clerk;</LI> <LI>Authorize notice to Grant Township for Midland Farm Store;</LI> <LI>Note receipt of fee reports for the month of November, 2002;</LI> <LI>Approve Resolution No. 02-27 granting a beer license to Baldwin Junction Enterprises;</LI> <LI>Approve Resolution No. 02-28 granting a beer license to Clinton Cove Mini Mart;</LI> <LI>Approve Resolution No. 02-29 granting a beer license to ZARCO, Inc.;</LI> <LI>Approve Resolution No. 02-30 granting a beer license to Gilded Cage;</LI> <LI>Approve Resolution No. 02-31 granting a beer license to Eudora Riverview Golf;</LI> <LI>Approve Resolution No. 02-32 granting a beer license to The Bird of Lawrence;</LI> <LI>Approve Resolution No. 02-33 granting a beer license to Flamingo Catering; and</LI> <LI>Approve Resolution No. 02-34 reappointing the Special Deputy Coro ner for the Seventh Judicial District for a one-year term. </LI></UL> <P>McElhaney seconded and the motion carried.</P> <P><STRONG>PUBLIC WORKS &amp; CONTRACTS 12-18-02</STRONG><BR>Keith Browning, Director of Public Works/County Engineer, requested authoriza tion to renew the contracts for chip sealing and pavement marking for 2003. Browning explained that in order to renew the contracts for the next season, the contracts stipulate the County must notify the contractors of our intention to renew by December 31. Both contracts allow for a 25% reduction in contract quantities. For chip sealing we typically plan on 50 miles of sealing, so a 25% reduction would result in sealing 37.5 miles. It is currently estimated that we can reduce the Road &amp; Bridge budget by $100,000 for chip sealing and $30,000 for striping and still meet the terms of each contract. Johnson made a motion to approve the renewal of the contracts for chip sealing with Hi-Plains Sand Co., Kanopolis, KS, and pavement marking with Midwest Striping, Grand Island, NE for 2003. McElhaney seconded and the motion carried.</P> <P><STRONG>PERSONNEL 12-18-02</STRONG><BR>The Board discussed the 2003 holidays. Johnson made a motion to approve the following holidays for 2003:</P> <UL> <LI>New Year's Day Wednesday, January 1</LI> <LI>Martin Luther King Day Monday, January 20</LI> <LI>Memorial Day Monday, May 26</LI> <LI>Fourth of July Friday, July 4</LI> <LI>Labor Day Monday, September 1</LI> <LI>Thanksgiving Thursday/Friday, November 27-28</LI> <LI>Christmas Wednesday/Thursday, December 24-25</LI></UL> <P><STRONG>One (1) Personal Discretionary Day:</STRONG><BR><STRONG>Eligibility:</STRONG> Employee's status must be permanent full time, permanent part time, or special project, with an employment date on or before October 1, 2003. Definition: One (1) normal work day.<BR><STRONG>Scheduling:</STRONG> Must be taken all at one time (may not be split into hours). Must be scheduled in advance through the employee's supervisor and according to departmental procedures. Must be utilized during the calendar year 2003 and PRIOR to December 6, 2003.<BR><BR>McElhaney seconded and the motion carried.</P> <P><STRONG>ACCOUNTS PAYABLE 12-18-02</STRONG><BR>Johnson moved approval of accounts payable in the amount of $104,742.91 to be paid 12/23/02; $185,565.47 to be paid 12/16/02; accounts payable manual checks in the amounts of $1,827.96 and $475.50; payroll in the amount of $578,705.77; and electronic funds transfers in the amounts of $42,316.31 for FICA and $34,632.86 for KPERS to be paid 12/13/02. McElhaney seconded and the motion carried.<BR><BR>McElhaney moved for adjournment. Johnson seconded and the motion carried.<BR><BR>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member<BR><BR>ATTEST:<BR><BR>_____________________________<BR>Patty Jaimes, County Clerk</P>

<P>Chairman McElhaney called the meeting to order at 9:08 A.M. on Monday, December 23, 2002. All members were present. Commissioner-elect Jones was also present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 12-23-02</STRONG><BR>Johnson moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5087, 5088, 5089 and 5090. Orders are on file in the office of the County Clerk;</LI> <LI>Table the item "Consider approval of Out-District College Tuition Statements in the amount of $24,00;"; and</LI> <LI>Approve Resolution No. 02-35 granting a beer license to Jerkwater Grill.</LI></UL> <P>McElhaney seconded and the motion carried.</P> <P><STRONG>YOUTH SERVICES 12-23-02</STRONG><BR>Rod Bremby and Mark Gleason, representatives of the Kansas Advisory Group on Juvenile Justice and Delinquency Prevention, appeared before the Board to recognize Douglas County's compliance to state and federal detention require ments. Pam Weigand, Director of Youth Services, was presented a plaque and certificate in recognition for the demonstrative commitment to the Juvenile Justice Delinquency Prevention Act along with a check for $5000.</P> <P><STRONG>ACCOUNTS PAYABLE 12-23-02<BR></STRONG>McElhaney moved approval of accounts payable manual checks in the amount of $9,250; public safety payroll in the amount of $1,225.70; and electronic funds transfers in the amounts of $95.91 for FICA and $19.02 for KPERS. Motion was seconded by Johnson and carried.</P> <P><STRONG>PLANNING &amp; RESOLUTIONS 12-23-02</STRONG><BR>Johnson expressed concern regarding the Board's recent approval of Resolu tion No. 02-26, A Joint Ordinance/Resolution of the City of Lawrence, Kansas, and The Board of County Commissioners of Douglas County, Kansas, amending Section 21-104(a) of the Joint City/County Subdivision Regulations of the "Code of the City of Lawrence, Kansas, 2002," and amendments thereto to require subdivision plats within the City of Lawrence to include all contiguous land under the same ownership. Johnson noted that this was first brought before the Commission on 11/25/02. At that time, the County Commission tabled approval until the City Commission took action since it only applied to property within the city limits. The City approved the amendment, forwarded it to the County Com mission and was approved on 12/11/02. Johnson recently attended a Douglas County Development, Inc. Board Meeting and was discussing the amendment with Phil Struble who mentioned that this requirement is a bit of a burden, particularly for industrial land because you typically don't sell a piece of property in the final sale that's consistent with the preliminary or original plat -- it's tailored to whatever the needs are. This amendment will require replatting every time there is a land or lot sale. John Selk then presented a short description of the process. Johnson stated that although the City and the County have approved the resolution, it has not been finalized through publication. Johnson stated that he is not comfortable with the action taken and would like to hear a little bit more debate from the sides that are involved. The Board directed staff to contact the City Manager's office and ask that publication be delayed until the Board has had the opportunity to take a closer look at the amendment. </P> <P><STRONG>PARKING LOT 12-23-02</STRONG><BR>Jones reported that he has met with the parking lot committee and the spaces in the east parking lot are to be allotted as follows:</P> <UL> <LI>Sheriff -- 2</LI> <LI>Chief of Police -- 1</LI> <LI>District Attorney -- 1</LI> <LI>Judges -- 6</LI> <LI>Maintenance -- 1</LI> <LI>Loading -- 1</LI> <LI>Dispatch -- 3</LI> <LI>Community Corrections -- 1</LI></UL> <P>McElhaney moved for adjournment. Johnson seconded and the motion carried.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________<BR>Patty Jaimes, County Clerk</P>

<P>Chairman McElhaney called the meeting to order at 9:03 A.M. on Monday, December 30, 2002. Commissioner Johnson participated via speaker phone and Commissioner-Elect Jones was present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 11-13-02</STRONG><BR>Johnson made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commission Orders No. 5091, 5092, and 5093. Orders are on file in the office of the County Clerk; and</LI> <LI>Approve Resolution No. 02-36 granting a cereal malt beverage license to Midland Farm Store.</LI></UL> <P>McElhaney seconded and the motion carried.</P> <P><STRONG>PURCHASING, DISTRICT COURT, PUBLIC WORKS &amp; SHERIFF 12-30-02</STRONG><BR>The Board considered bids received for the purchase of vehicles. McElhaney made a motion that the following vehicles be purchased:</P> <P> <TABLE borderColor=black cellSpacing=0 cellPadding=0 border=1> <TBODY> <TR> <TD style="WIDTH: 128px; HEIGHT: 20px"><STRONG>Department</STRONG></TD> <TD style="WIDTH: 200px; HEIGHT: 20px"><STRONG>Vendor</STRONG></TD> <TD style="WIDTH: 520px; HEIGHT: 20px"><STRONG>Vehicle <STRONG>Type</STRONG></STRONG></TD> <TD style="WIDTH: 155px; HEIGHT: 20px"> <P align=center><STRONG>Unit Cost</STRONG></P></TD> <TD style="WIDTH: 134px; HEIGHT: 20px"> <P align=right><STRONG>Extended Cost</STRONG></P></TD></TR> <TR> <TD style="WIDTH: 128px; HEIGHT: 20px">Sheriff </TD> <TD style="WIDTH: 200px; HEIGHT: 20px">Gary Hardy Dodge</TD> <TD style="WIDTH: 520px; HEIGHT: 20px">(9) Patrol Vehicles</TD> <TD style="WIDTH: 155px; HEIGHT: 20px"> <P align=center>$16,707.50</P></TD> <TD style="WIDTH: 134px; HEIGHT: 20px"> <P align=right>$150,367.50</P></TD></TR> <TR> <TD style="WIDTH: 128px; HEIGHT: 20px">Public Works</TD> <TD style="WIDTH: 200px; HEIGHT: 20px">Olathe Ford</TD> <TD style="WIDTH: 520px; HEIGHT: 20px">(1) 1-Ton Pickup Truck Extended Cab </TD> <TD style="WIDTH: 155px; HEIGHT: 20px"> <P align=center>$26,758.00</P></TD> <TD style="WIDTH: 134px; HEIGHT: 20px"> <P align=right>$26,758.00</P></TD></TR> <TR> <TD style="WIDTH: 128px; HEIGHT: 20px">Public Works</TD> <TD style="WIDTH: 200px; HEIGHT: 20px">Olathe Ford </TD> <TD style="WIDTH: 520px; HEIGHT: 20px">1-Ton Pickup Truck Regular Cab w/Snow<BR>Plow Package</TD> <TD style="WIDTH: 155px; HEIGHT: 20px"> <P align=center>$24,449.00</P></TD> <TD style="WIDTH: 134px; HEIGHT: 20px"> <P align=right>$24,449.00</P></TD></TR> <TR> <TD colSpan=5> <P align=left>Transfer (1) 2001 Chevrolet Impala from the Sheriff's Office to District Court in the amount of $7,720.00.</P></TD></TR></TBODY></TABLE></P> <P>Johnson seconded and the motion carried.</P> <P><STRONG>ACCOUNTS PAYABLE 12-30-02</STRONG><BR>Johnson made a motion to authorize accounts payable in the amount of $115,774.40 to be paid 12/30/02; accounts payable manual checks in the amount of $1,235.16; payroll in the amount of $568,882.19; and electronic funds transfers in the amounts of $40,953.38 for FICA and $33,660.12 for KPERS to be paid 12/27/02. Motion was seconded by McElhaney and carried.</P> <P>McElhaney made a motion to adjourn; Johnson seconded and the motion carried.</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________<BR>Patty Jaimes, County Clerk</P>

<P>Chairman McElhaney called the meeting to order at 9:00 A.M. on Monday, January 6, 2003. All members were present. Commissioner-elect Jones was also present. The Pledge of Allegiance was recited.</P> <P>Johnson moved approval of the minutes of December 30, 2002; McElhaney seconded and the motion carried.</P> <P><STRONG>CONSENT AGENDA 01-06-03</STRONG><BR>Johnson made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5094, 5095 and 5096. Orders are on file in the office of the County Clerk;</LI> <LI>Approve Resolution No. 03-01 classifying the hard surfaced roads in Oak Grove Estates Subdivision as township roads and assigning these roads to Wakarusa Township for maintenance; </LI> <LI>Approve Home Rule Resolution No. HR-03-1-1 providing amended regulations and procedures concerning posting of warning and regula tory signs along County routes; and</LI> <LI>Authorize the Chair to execute an Agreement between Douglas County and Watkins Memorial Health Center for evidence collection;</LI></UL> <P>Motion was seconded by McElhaney and carried.</P> <P><STRONG>PUBLIC WORKS 01-06-03</STRONG><BR>The Board discussed Project No. 98-31, Phase 2 -- Eudora Bridge Streambank Protection Project. Keith Browning, Director of Public Works/County Engineer, was present for the discussion. Browning explained that the Corps of Engineers (C&#160;) has scheduled the bid opening for Phase 2 of the Eudora Bridge Stream bank Protection project for January 24, 2003. He noted that Phase 1 originally entailed construction of one straight dike and two L-head dikes. Given the favorable bids and conditions for Phase 1, construction of a third L-head dike was constructed as part of Phase 1 rather than in Phase 2, as originally planned. Phase 1 was constructed over last winter. Phase 2 entails construction of the fourth and final L-head dike. The original estimated cost agreed to in the Project Cooperation Agreement for the entire project was $2,000,000 which the C&#160; and local governments would share 50/50. Douglas County and Leavenworth County agreed to share the local costs 60/40 with Douglas County responsible for the $600,000 of the estimated $1,000,000 in local costs. Douglas County previously submitted $390,000 to the C&#160; to cover our share of the estimated costs for Phase 1 improvements. The C&#160; received very favorable bids for Phase 1 and it was estimated that no additional local funds would be required to complete Phase 2 of the project. </P> <P>Downstream of the fourth and final L-head dike to be constructed in Phase 2, there are a series of three dikes constructed in 1959. The original project study and Phase 1 design anticipated that the farthest upstream 1959 dike (1959 Dike 1) would soon be lost to erosion. The lack of high flows and the slowing of erosion over the past year present an opportunity to consider saving the 1959 dike and the associated hardpoint. The consultant for this project, HNTB, has determined that saving the 1959 Dike 1 would result in better overall project performance at a reasonable cost.</P> <P>The final contract documents for Phase 2 include an option for constructing a crowned revetment that connects the upstream end of the 1959 Dike 1 back to the eroded bank. The revetment is intended to save the 1959 dike from short- term failure. It is currently estimated that the additional local costs to construct the crowned revetment would be $102,000 of which Douglas County would be responsible for $61,200. The CIP currently has $60,000 allocated to complete the entire project (the funds allocated for this project in the CIP were lowered from $600,000 to $450,000 following the completion of Phase 1).</P> <P>Following the bid opening on January 24th, the C&#160; will consult with both counties to determine whether or not to accept the bid for the option of construct ing the crowned revetment. The C&#160; will need a check from each county immediately after bid opening, if the option is accepted. If the option of construct ing the crowned revetment is not accepted by all three parties, it is anticipated that no additional funds will be required to complete Phase 2.</P> <P>The anticipated project schedule for Phase 2 is contract award around February 3rd, start of construction around mid-February, and project completion in mid- April. Of course, the anticipated schedule is subject to weather and streamflow conditions.</P> <P>McElhaney made a motion to authorize the Public Works Director to approve additional spending up to $75,000 to complete Phase 2 of the Eudora Bridge Streambank Protection Project including the option of constructing a crowned revetment to save the 1959 Dike 1. Motion was seconded by Johnson and carried.</P> <P><STRONG>&#160;ACCOUNTS PAYABLE 01-06-03</STRONG><BR>McElhaney moved approval of accounts payable in the amount of $146,590.42 to be paid 1/6/03; seconded by Johnson and carried.</P> <P>McElhaney moved for adjournment. Johnson seconded and the motion carried.</P> <P>_____________________________&nbsp;_____________________________<BR>Jere McElhaney, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________<BR>Patty Jaimes, County Clerk</P>

<P>Chairman McElhaney called the meeting to order at 6:35 P.M. on Wednesday, January 8, 2003. All members were present. Commissioner-elect Jones was also present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 01-08-03<BR></STRONG>Johnson made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5097, 5098 and 5099. Orders are on file in the office of the County Clerk.</LI></UL> <P><STRONG>PUBLIC WORKS 01-08-03</STRONG><BR>The Board noted receipt of recommendations from the Willow Springs Township Board regarding the proposed road vacation of portions of E 900 Road. The Board then conducted a public hearing concerning the proposed road vacation. Charlie Wintermantel, Township Trustee, and Jerry Smith, Clerk, were present for the hearing. No members of the public offered comments. McElhaney then closed the public hearing. Johnson moved approval of Resolution No. 03-02 vacating portions of E 900 Road, seconded by McElhaney and carried.</P> <P><STRONG>PLANNING 01-08-03</STRONG><BR>The Board considered Item No. 10 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated December 18, 2002. This item is TA-10-05-02: Text Amendment to Section 21-607.2(k) to revise the design standards for the length of a cul-de-sac in the City/County Subdivision Regula tions. Initiated by the Lawrence-Douglas County Metropolitan Planning Commis sion on October 23, 2002. Sheila Stogsdill, staff member of the Lawrence- Douglas County Metropolitan Planning Department, presented the item. This item comes before the Board with a unanimous recommendation for approval of the following text (changes to existing regulations are shown in italics):</P> <P><STRONG>21-607.2&nbsp;(k)</STRONG></P> <P><STRONG>(1) In subdivisions located within the City of Lawrence</STRONG>, acul-de-sac shall be not more than 700 feet in length for medium to high density residential uses (more than 7 d.u./acre) or commercial/<BR>&nbsp;&nbsp;industrial land uses. A maximum length of 1,000 feet shall be observed for low density residential developments (7 d.u./acre or fewer).</P> <P><STRONG>(2) In subdivisions located within the unincorporated areas of Douglas County, the maximum length of a cul-de-sac shall be 1,320 feet.<BR></STRONG>In subdivisions with cul-de-sacs, easements shall be provided to ensure the water supply system is looped. A variance from these provisions may be requested by the property owner as provided for in section 21-802 of these regulations. The burden shall be upon the applicant to satisfactorily demonstrate that the street layout and design standards in Article 6 are met by the request.</P> <P>When a variance is granted, the planning commission shall require:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>(1)&nbsp;Extra street or road width for medium and high density residen tial uses or commercial/industrial uses;</P> <P>(2)&nbsp;Easements or similar means of guaranteeing emergency vehicle access as recommended by the public works director and fire chief; and,</P> <P>(3)&nbsp;Such other conditions as may be necessary to protect the public health, safety and general welfare.<BR>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;(l)&nbsp;All cul-de-sacs shall have a minimum right-of-way radius of 500 feet.<BR>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;(m)&nbsp;Streets longer than one lot which dead end against property boundaries of undeveloped land shall provide an improved temporary turnaround.<BR>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;(n)&nbsp;Not more than two streets shall intersect at any one point.</P></BLOCKQUOTE> <P>Johnson moved approval of the above text amendment; McElhaney seconded and the motion carried.</P> <P>McElhaney moved for adjournment. Johnson seconded and the motion carried.</P> <P>_____________________________&nbsp;_____________________________<BR>Jere McElhaney, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________<BR>Patty Jaimes, County Clerk</P>

<P>Chairman McElhaney called the meeting to order at 9:00 A.M. on Monday, January 13, 2003. All members were present. Commissioner-elect Jones was also present. The Pledge of Allegiance was recited.</P> <P>Chief Judge Robert Fairchild swore in Commissioner-elect Charles Jones.</P> <P><STRONG>MISCELLANEOUS 01-13-03<BR></STRONG>McElhaney made a motion that Johnson be elected Chairman of the Board of Douglas County Commissioners effective today for the coming year, seconded by Johnson and carried unanimously.</P> <P>Johnson made a motion that McElhaney be elected Vice-Chairman of the Board of Douglas County Commissioners effective today for the coming year, seconded by McElhaney and carried unanimously.</P> <P><STRONG>CONSENT AGENDA 01-13-03</STRONG><BR>Jones made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5100, 5101, 5102, 5103 and 5104. Orders are on file in the office of the County Clerk;</LI> <LI>Pull the item "Consider approval of Out-District College Tuition State ments in the amount of $24,000)" for discussion;</LI> <LI>Approve Second Addendum to Lease Agreement between Douglas County, Kansas and the United Way of Douglas County, Inc.; and</LI> <LI>Authorize the Director of the Douglas County Public Works Depart ment and his staff to "write-off" the remainder of a charge ticket issued to Farmland Industries for noxious weed chemicals in the amount of $138.97 as an uncollectible debt;</LI></UL> <P>McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>OUT-DISTRICT COLLEGE TUITION STATEMENTS 01-13-03</STRONG><BR>Jones moved approval of payment of Out-District College Tuition Statements in the amount of $24,000. Johnson seconded and the motion carried 2-1 with McElhaney opposed.</P> <P><STRONG>PLANNING 01-13-03</STRONG><BR>The Board considered Item No. 4 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated December 18, 2002. This item is CUP-10-12-02: A Conditional Use Permit Request for Douglas County RWD #4 Pump Station. The property is generally described as being located at the SW Corner of the intersection of N 1400 Road and E 2400 Road. Submitted by Douglas County Rural Water District Number 4, lessee from Michael Ahlen, T- Square L.C., property owner of record. Brian Pedrotti, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented the item. The request is for Conditional Use Permit approval for the construction of a pump station for Rural Water District #4. The facility is proposed to be located on approximately 1/4 acre on the south side of N 1400 Road, west of E 2400 Road. The site is a portion of the overall 30 acres owned by Michael Ahlen, T-Square, L.C. The pump station is needed to ensure adequate water supply to customers in that region. This item comes to the Board with a recommendation of approval based on the following Findings of Fact</P> <P><STRONG>FINDINGS OF FACT</STRONG><BR>Zoning and uses of property nearby. The subject property is located generally on the south side of N 1400 Road, west of E 2400 Road. The site is agriculturally zoned and undeveloped. Surrounding property is agricultural zoned and is undeveloped, agricultural property with scattered residences.</P> <P>Character of the area. The site is approximately 1/4 acre in size and is located on a portion of a 30-acre tract. The area is largely agricultural and rural/open area in use.</P> <P>Suitability of subject property for the uses to which it has been restricted.The subject site is suited for the uses to which it has been restricted.</P> <P>Length of time subject property has remained vacant as zoned. The subject area has been zoned A (Agricultural) District since the adoption of the zoning regulations in the unincorporated portions of Douglas County in 1966.</P> <P>Extent to which removal of restrictions will detrimentally affect nearby property. The restrictions on this site are not being removed. A conditional use is being permitted through this request. The addition of this use to the site is not anticipated to detrimentally affect nearby property.</P> <P>Relative gain to the public health, safety and welfare by the destruction of the value of the petitioner's property as compared to the hardship imposed upon the individual landowners. Denial of the request is not anticipated to provide a detriment to the property owner but it would provide a gain to the public health, safety and welfare.</P> <P>Conformance with The Comprehensive Plan. The Conditional Use Permit for the proposed facility is not in conflict with Horizon 2020.</P> <P><BR>AND subject to the following conditions:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>1.&nbsp;Provision of a note on the face of the plan stating, "The Conditional Use Permit will be re-evaluated by the Lawrence-Douglas County Planning Staff every ten (10) years for maintenance and its confor mance with the approved Site Plan. Planning Staff will provide a report to the County Commission upon completing these evaluations.</P> <P>2.&nbsp;If the approved use is abandoned for a period of 12 months, the CUP will become null and void, the equipment and infrastructure will be removed and the subject property will return to agricultural use.</P></BLOCKQUOTE> <P>Jones noted concern about the comments received from the Douglas County Public Works Department regarding the possible relocation of the waterline if the Captain Creek bridge is replaced. Jones wanted to be sure that if such a reloca tion is necessary, it would not be at the expense of the taxpayers.</P> <P>McElhaney made a motion to approve CUP-10-12-02 subject to the above conditions. Jones seconded and the motion carried unanimously.</P> <P><STRONG>PLANNING 01-13-03</STRONG><BR>The Board considered Item No. 5 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated December 18, 2002. This item is CUP-10-13-02: A Conditional Use Permit Request for a turf airstrip. The property is generally located at 2215 N 500 Road. Submitted by Robert and Angela Murray, property owners of record. Brian Pedrotti, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented the item. The request is for a Conditional Use Permit for a private grass landing field. The grass landing field is 60' X 1,656' and runs north-south. It is located south of N 500 Road and east of E 2200 Road. The landing strip is for the private use of the property owner whose home will be located to the east of the landing field. Included in this CUP application is a proposed storage hangar that will be located north of the proposed residence and east of the landing field. The applicant has indicated that the plane will be permanently stored in Gardner, Kansas, but that the hangar will serve to store the plan for periods of time during the year. This item comes to the Board with a unanimous recommendation for approval based on the following Findings of Fact:</P> <P><STRONG>FINDINGS OF FACT</STRONG><BR>Zoning and uses of property nearby. The subject property is located generally on the south side of N 500 Road, east of E 2200 Road. The site is agriculturally zoned and undeveloped. Surrounding property is agricultural zoned and is undeveloped, agricultural property with scattered residences.</P> <P>Character of the area. The character of the area is largely agricultural in nature with some single-family residences.</P> <P>Suitability of subject property for the uses to which it has been restricted.The subject property is suited for the Agricultural Zone uses to which it is restricted. A landing field is permitted in this zoning district, provided that the Board of County Commissioners approves the use through a Conditional Use Permit (CUP).</P> <P>Length of time subject property has remained vacant as zoned. The property has been zoned A (Agricultural) District since 1966, when Zoning Regulations were adopted in Douglas County.</P> <P>Extent to which removal of restrictions will detrimentally affect nearby property. Approval of the CUP for a private grass runway will not detrimentally affect nearby properties.</P> <P>Relative gain to the public health, safety and welfare by the destruction of the value of the petitioner's property as compared to the hardship imposed upon the individual landowner. Approval of this CUP for a private runway will not adversely affect the public health, safety or welfare.</P> <P>Conformance with The Comprehensive Plan. Horizon 2020 d&#160;s not directly address the issuances of CUPs or private landing strips. The comprehensive plan d&#160;s discuss Lawrence Municipal Airport and the need to keep its airspace free from encroachment. This private grass airstrip will not encroach on the Municipal Airport's airspace. The proposed location of the airstrip is in confor mance with Horizon 2020.</P> <P>AND subject to the following conditions:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>1.&nbsp;Revise the face of the site plan to include the following:<BR>&nbsp;&nbsp;&nbsp;&nbsp;a.&nbsp;Provision of a note on the plan stating, "The landing field is for the private use of the property owner only and restricted to the airplane registered to the applicant and may not be used for commercial purposes." There shall be no more than twenty (20) take-offs and landings per month;<BR>&nbsp;&nbsp;&nbsp;&nbsp;b.&nbsp;Provide dimensions of the storage hangar;<BR>&nbsp;&nbsp;&nbsp;&nbsp;c.&nbsp;Provide a location map on the face of the plan; and<BR>&nbsp;&nbsp;&nbsp;&nbsp;d.&nbsp;Provision of a note on the face of the plan stating, "The Conditional Use Permit will be re-evaluated by the County Commission in February, 2008. The CUP will expire in February 2013. Continua tion of the use beyond February 2013 will require rezoning or approval of a new CUP;"</P> <P>2.&nbsp;Provision of all necessary certification from the Federal Aviation Authority (FAA);</P> <P>3.&nbsp;Review and approval of the plan by KCP&amp;L prior to release of the plan to the County Zoning Administrator;</P> <P>4.&nbsp;Provision of written verification that the airstrip is being used as an airstrip by December 31st of each year;</P> <P>5.&nbsp;Cessation of use of the landing strip for a contiguous 12-month period shall nullify this approval procedure; and</P> <P>6.&nbsp;This Conditional Use Permit is restricted to the current owner of the property.</P></BLOCKQUOTE> <P>McElhaney made a motion to approve CUP-10-13-02 subject to the above conditions; Jones seconded and the motion carried unanimously.</P> <P><STRONG>PUBLIC WORKS 01-13-03</STRONG><BR>The Board discussed the Kasold Extension Project. Keith Browning, Director of Public Works/County Engineer, and George Williams, Special Projects Engineer, were present for the discussion. It was the consensus of the Board that this project should be discussed with the City, School District and Township. No action was taken at this time.</P> <P><STRONG>ACCOUNTS PAYABLE 01-13-03</STRONG><BR>McElhaney moved approval of accounts payable in the amounts of $963,507.50 to be paid 1/13/03 and $115,774.40 to be paid 12/30/02; accounts payable manual checks in the amounts of $766.00, $1235.16 and $3,509.05; payroll in the amounts of $568,882.19 and $569,596.48; electronic funds transfers in the amounts of $40,453.38 for FICA and $33,660.12 for KPERS to be paid 12/27/02; and $42,081.94 for FICA and $34,649.51 for KPERS to be paid 1/10/03; and ACH transfer in the amount of $1,611,243.13 to be paid 1/31/03.</P> <P><STRONG>RESOLUTIONS 01-13-03</STRONG><BR>The Board considered approval of Resolution No. 03-03 providing for the imposition of restrictions on certain outdoor burning practices in the unincorpo rated area of Douglas County until January 20, 2003. Paula Phillips, Director of Emergency Management, was present for the discussion. Phillips noted that the fire chiefs support this burn ban. Jones made a motion to approve Resolution No. 03-03 which can be lifted at the Chairman's discretion. Johnson seconded and the motion carried unanimously.</P> <P><STRONG>TAX MATTERS 01-13-03</STRONG><BR>Jones made a motion to direct the County Administrator to draft a letter to the City of Lawrence asking them to support the abatement process for Serologicals, Inc. Johnson seconded and the motion carried unanimously.</P> <P>McElhaney moved for adjournment. Johnson seconded and the motion carried.</P> <P>_____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P>

<P>The Board of County Commissioners of Douglas County, Kansas, conducted a joint meeting with the Lawrence City Commission and the Lawrence School Board on Wednesday, January 15, 2003. Chairman Johnson called the meeting to order at 9:00 A.M. with all members present. The Pledge of Allegiance was recited.</P> <P>The Boards discussed the following items:</P> <UL> <LI>Report on Chamber of Commerce Survey on Local Legislative Issues;</LI> <LI>Discussion of recently adopted, but not yet published, changes to City/County plat regulations requiring that entire parcels under one ownership be platted at one time;</LI> <LI>Discussion of letter from Randy Weseman to Mayor Hack regarding "next steps" in reference to City/School District partnerships, adjoining properties, and shared recreational usage of athletic venues;</LI> <LI>Follow-up to November LAN study session with the City/School Dis trict;</LI> <LI>Progress review on revised urban growth area;</LI> <LI>Zoning variances -- perception that they are granted too freely;</LI> <LI>Development of "school corridor" exceptions to owner resonsibility for sidewalks;</LI> <LI>Receive report from Dave Corliss related to dog issues;</LI> <LI>Update on water/wastewater Master Plan;</LI> <LI>O'Connell Road annexation plan;</LI> <LI>George Williams Way road timetable; and</LI> <LI>Kasold extension.</LI></UL> <P>No action was taken.</P> <P>Johnson made a motion to adjourn; Jones seconded and the motion carried unanimously.<BR>_______________________________&nbsp;________________________________<BR>Bob Johnson,&nbsp; Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Member</P> <P>ATTEST:<BR>_______________________________&nbsp;________________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P>

<P>Chairman Johnson called the meeting to order at 9:00 A.M. on Tuesday, January 21, 2003.&nbsp; All members were present. The Pledge of Allegiance was recited.</P> <P><STRONG>BUDGET 01-21-03</STRONG><BR>The Board conducted budget hearings. No action was taken.</P> <P>Johnson made a motion to adjourn; Jones seconded and the motion carried unanimously.</P> <P>_____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P>

<P>Chairman Johnson called the meeting to order at 9:00 A.M. on Wednesday, January 22, 2003.&nbsp; All members were present. The Pledge of Allegiance was recited.</P> <P><STRONG>BUDGET 01-22-03</STRONG><BR>The Board conducted budget hearings. No action was taken.</P> <P>Johnson made a motion to adjourn; Jones seconded and the motion carried unanimously.</P> <P>_____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P>

<P>&nbsp;Chairman Johnson called the meeting to order at 8:30 A.M. on Monday, January 27, 2003.&nbsp; All members were present. The Pledge of Allegiance was recited.</P> <P>McElhaney made a motion to approve the minutes of November 13, 2002.&nbsp; Jones seconded and the motion carried unanimously.</P> <P><STRONG>CONSENT AGENDA 01-27-03</STRONG><BR>McElhaney made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5105, 5106 &amp; 5107. Orders are on file in the office of the County Clerk; and</LI> <LI>Approve the Annual Noxious Weed Eradication Progress Report.</LI></UL> <P>Jones seconded and the motion carried unanimously.</P> <P><STRONG>MISCELLANEOUS 01-27-03<BR></STRONG>The Board discussed the Douglas County Investment Policy. Members of the Investment Committee, Laverne Epp, Tom Singleton, Pat Wells, and Pam Madl were present for the discussion. Laverne Epp conducted a brief presentation of the progress of the goals that were initially set by the Committee. The Board suggested a few revisions to the policy for future approval. No action was taken.</P> <P><STRONG>PLANNING 01-27-03</STRONG><BR>The Board considered Item No. 3 of the minutes of the Lawrence-Douglas County Metropolitan Planning Department dated December 18, 2002. This item is CUP-10-11-02: A Conditional Use Permit Request for a business known as Lecompton Boat Storage. The property is generally located at 568 N 1800 Road. Submitted by George F. Roll, property owner of record. Sheila Stogsdill, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. This item comes to the Board with a unanimous recommen dation for approval based on the following Findings of Fact:</P> <P>Zoning and uses of property nearby. The subject property is located west of the northwest corner of N 1800 Road and E 600 Road. The properties on all sides are zoned A (Agricultural) District, and are primarily undeveloped agricul tural uses and scattered single-family residences in all directions. One exception is the Retke Kennel located on the northwest corner of N 1800 Road and E 600 Road, to the east of the subject property.</P> <P>Suitability of subject property for the uses to which it has been restricted. A Conditional Use Permit (CUP) d&#160;s not change the underlying zoning and as such, the suitability of the property for agricultural uses will not be altered. The current A (Agricultural) zoning designation for the property allows many different non-agricultural uses including public uses and structures, churches, schools, and limited commercial uses related to agriculture. The existing use of the site as an agricultural storage area is compatible with the property's current zoning of A (Agricultural) District. The additional storage of boats is also compatible with the current zoning and with the surrounding properties, if all conditions of approval are met.</P> <P>Length of time subject property has remained vacant as zoned. The subject area has been zoned A (Agricultural) District and has been in agricultural use since the adoption of zoning regulations in the unincorporated portions of Douglas County in 1966. The subject parcel maintains a limited agricultural and residential use.</P> <P>Extent to which removal of restrictions will detrimentally affect nearby property. Approval of the request may impact the surrounding roads by increas ing non-residential traffic to the adjacent county roads (E 600 Road and N 1800). The impact will potentially be the greatest at the intersection of E 600 and N 1800, where there are limited site distances available to traffic entering these roads. The site d&#160;s not anticipate significant detrimental impacts upon nearby properties from the storage of boats inside the proposed building as the area is over 10 acres in size, and will be well screened from neighboring properties.</P> <P>Relative gain to the public health, safety and welfare by the destruction of the value of the petitioner's property as compared to the hardship imposed upon the individual landowners. The zoning district will not be altered by approval of the request. Staff recommends that the approval period be limited to assure that the impacts from the boat storage are not increased over time or given the same permanency, as a rezoning of the property would confer.</P> <P>Conformance with The Comprehensive Plan. The subject property is located approximately five miles west and slightly north of the City of Lawrence, and beyond the urban growth area shown in Figure 9 of Horizon 2020. Horizon 2020d&#160;s not address conditional use permits as a tool to achieve specific policies.</P> <P>AND subject to the following conditions:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>1.&nbsp;All boats must be stored entirely inside the building;</P> <P>2.&nbsp;No outside storage of non-agricultural equipment is permitted;</P> <P>3.&nbsp;Submission of a revised site plan that includes:<BR>&nbsp;&nbsp;a.&nbsp;A legal description of the property;<BR>&nbsp;&nbsp;b.&nbsp;Show utility and easement locations;<BR>&nbsp;&nbsp;c.&nbsp;Show proposed location, indicate direction, and list amount of illumination of proposed lighting;<BR>&nbsp;&nbsp;d.&nbsp;Show topography by contour lines of not more than five feet inter vals;<BR>&nbsp;&nbsp;e.&nbsp;The location and dimensions of existing and proposed structures that indicate the number of stories, gross floor area, and entrances to all structures;<BR>&nbsp;&nbsp;f.&nbsp;Show the location of all parking, loading, and walkway areas;<BR>&nbsp;&nbsp;g.&nbsp;List the type of surfacing and base course proposed for all parking, loading, and walkway areas;<BR>&nbsp;&nbsp;h.&nbsp;Note of face of plan that says all storage is limited to inside the building;<BR>&nbsp;&nbsp;i.&nbsp;Provision of a note on the face of the plan stating, "The Conditional Use Permit will be re-evaluated by the County Commission in February 2008. The CUP will expire in February 2013. Continuation of the use beyond February 2013 will require rezoning or approval of a new CUP"; and</P> <P>4.&nbsp;Forwarding of a separate recommendation from the Lecompton Plan ning Commission prior to this item being scheduled for action by the Board of County Commissioners.</P></BLOCKQUOTE> <P>It should be noted that the Lecompton Planning Commission also voted unani mously to approve the CUP. Jones made a motion to approve CUP-10-11-02 subject to the above conditions. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PLANNING 01-27-03</STRONG><BR>The Board considered SP-01-02-03: to permit a radio tower at property on the east side of Highway 24/59, approximately 600' north of Highway 24/40. Submit ted by Paul Werner Architects, L.L.C. for Capitol Concrete, property owner of record. Brian Pedrotti, staff member of the Lawrence-Douglas County Metropoli tan Planning Department, presented this item. The applicant proposes to con struct a radio tower with a maximum height of 80' at the future site of Capitol Concrete on the east side of Highway 24/59, approximately 600' north of High way 24/40. The subject property is Lot 1 of Maple Grove North #3, a county plat located between two pieces of incorporated land. The property is located within an I-2 (Light Industrial) District, which allows towers less than 100' in height as permitted uses.</P> <P>The applicant has requested approval of a BX-64 series tower. No additional equipment is required at the base of this type of tower. The tower proposed will be located so that it is set back at least 90' from all property lines to allow for a proper fall zone. No other changes to the site plan are proposed, and the tower proposal meets the requirements of the I-2 zoning district. McElhaney made a motion to approve SP-01-02-03; Jones seconded and the motion carried unani mously.</P> <P><STRONG>ZONING &amp; APPOINTMENTS 01-27-03</STRONG><BR>The Board conducted a joint meeting with the Board of Zoning Appeals. The Board recommended that the Board of&nbsp; Zoning Appeals return with recommenda tions regarding set backs, limits on reapplying for permits, and term limits. No action was taken.</P> <P><STRONG>PUBLIC WORKS 01-27-03</STRONG><BR>The Board considered the Dust Palliative program policies for 2003. Keith Browning, Director of Public Works/County Engineer, was present for the discussion. Browning noted that in past years the County has brokered this program with residents paying for the actual cost of material used plus an administrative fee to help absorb inspection and administrative costs. Johnson made a motion to grant permission to continue the brokerage of a dust palliative program with an up front user fee of $0.75/linear foot ($0.50/l.f. for dust palliative material and an additional $0.25/l.f. user fee to cover road preparation costs), plus an administrative fee of $45 per applicant; and authorize advertisement for bidders once the application process has been completed. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>BUDGET 01-27-03</STRONG><BR>Craig Weinaug, County Administrator, presented a summary of Governor Graves' budget cuts to the Board. Weinaug explained that the only difference in Governor Sebelius' budget was not to cut the Highway Fund Aid to Cities and Counties of 10%. Weinaug recommended that the Board cut just under $1.5 million of the 2003 Budget. The Board&nbsp; agreed with Weinaug's recommendations.</P> <P>Weinaug then explained that there were four items that needed further discus sion: Soil Conservation, Noxious Weeds, closure of the Baldwin Satellite Office and District Court budgets.&nbsp; Weinaug recommended these budgets be cut by 5%.</P> <UL> <LI>Soil Conservation: The Board agreed with staff recommendations.</LI></UL> <P>&nbsp;Noxious Weeds: The Board agreed with staff recommendations. Johnson and Jones want to remove the requirement for the subsidy on the chemi cals. This needs to be added to a list that will be presented to Legislators listing the Counties concerns.</P> <P>District Court: The Board agreed with staff recommendations.&nbsp; </P> <P>&nbsp;Baldwin Satellite: Weinaug's initial recommendation was to enter into a cooperative agreement with the City of Baldwin which would necessitate a change in the law. If this change could not be accomplished, then the only two options would be to leave the Baldwin Satellite as is or close it all together. Pat Wells, Douglas County Treasurer, stated that she would not support a contract with the City of Baldwin.&nbsp; Wells noted that the Depart ment of Revenue and the Kansas Treasurer's Association would not support it because of the statute.&nbsp; Wells expressed concern with privacy act and control. It was the consensus of the Board that staff be directed to amend the 2003 budget as recommended with the closing of the Baldwin Satellite Office, and that approval by the Board be placed on the Consent Agenda on 2/3/03.</P> <P><STRONG>ACCOUNTS PAYABLE 01-27-03</STRONG><BR>Jones moved approval of accounts payable in the amounts of $195,354.66 to be paid 01/21/03 and $144,858.26 to be paid 01/27/03; manual checks in the amount of $766.00; payroll in the amount of $569,355.37; and electronic funds transfers in the amounts of $42,071.97 for FICA, and $32,887.07 for KPERS to be paid 1/24/03. McElhaney seconded and the motion carried unanimously.&nbsp; </P> <P><STRONG>APPOINTMENTS 01-27-03</STRONG><BR>Johnson made a motion to nominate Lynn Parman to the Board of Directors for Local Area II Workforce Investment Board, Heartland Works Inc.&nbsp; Jones sec onded and the motion carried unanimously.</P> <P><STRONG>MISCELLANEOUS 01-27-03</STRONG><BR>A letter was drafted and signed by the Board to the City Commission in support of&nbsp; the proposed Serologicals tax abatement approval that is to be considered by the Lawrence City Commission on January, 28, 2003.&nbsp; Based on the assumption that Serologicals Corporation will locate in East Hills Business Park in Douglas County, Kansas, which would create 40 new jobs initially and grow to 60 jobs over 3 years, with an average wage of $47,000.00 annually.&nbsp; </P> <P>Johnson made a motion to adjourn; Jones seconded and the motion carried unanimously</P> <P>_____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P>

<P>Chairman Johnson called the meeting to order at 9:02 A.M. on Monday, Febru ary 3, 2003. All members were present. The Pledge of Allegiance was recited.</P> <P><STRONG>PROCLAMATION 02-03-03</STRONG><BR>Johnson read a proclamation proclaiming the month of February as "Abstinence Awareness Month." McElhaney moved approval of the proclamation as read, seconded by Jones and carried unanimously.</P> <P><STRONG>CONSENT AGENDA 02-03-03<BR></STRONG>Jones made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5109 and 5110. Orders are on file in the office of the County Clerk;</LI> <LI>Authorize notice to Clinton Township for Clinton Marina;</LI> <LI>Note receipt of December fee reports;</LI> <LI>Authorize transaction to acquire drug sniffing dog for the Sheriff's Office;</LI> <LI>Find and determine that the requested annexation of approximately 48 acres of City owned property generally located south of U.S. Hwy. 24/40 and West of E 1600 Road will not hinder or prevent the proper growth and development of the area or that of any other incorporated city located within Douglas County, all as provided by K.S.A. 12-520c; and</LI> <LI>Authorize Douglas County budget for expenditures be revised as follows:</LI></UL> <P>McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>PLANNING 02-03-03<BR></STRONG>The Board considered SP-21-91-02 -- a site plan for the remodeling of a building for a warehouse and showroom located at 1849 E 1450 Road. Submitted by Rod and Kathy Griffin, property owners of record. Sandra Day, staff member of the Lawrence-Douglas County Metropolitan Planning Department, was present for the discussion. Rod Griffin, property owner, was also present for the discussion. The subject property is located on the west side of Highway 59 (N 3rd Street extended) and adjacent to the Union Pacific Railroad (along the west property line). It is currently developed with a warehouse building and exterior material storage yard. The building was originally constructed in 1970 and was not previously site planned. Section 19A-2 of the County Zoning Regulations state, "No building permit shall be issued for the erection or alteration of a structure or building until a site plan has been submitted and approved for B-1, B-2, B-3, I-1, I-2, I-3, and I-4." Therefore, the applicant has submitted a site plan to fulfill this requirement prior to building permit issuance. The proposed request is minor in nature and reflects both a change in use (tool sales to contractors office/<BR>warehouse use) and an update of the current improvements to the site. Staff recommends approval subject to the following condition:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>1.&nbsp;Correct scale of drawing so that text and drawing correspond.</P></BLOCKQUOTE> <P>McElhaney made a motion to approve SP-12-91-02 subject to the above condi tion. Johnson seconded and the motion carried unanimously.</P> <P><STRONG>PUBLIC WORKS &amp; RESOLUTIONS 02-03-03<BR></STRONG>The Board considered approval of a resolution prohibiting parking on sections of Routes 1-W and 1-E near Lone Star Lake Dam and Spillway. Keith Browning, Director of Public Works/County Engineer, was present for the discussion. Browning explained that the floodwall was constructed as part of the spillway reconstruction project, and was required to meet minimum freeboard require ments established by the state Division of Water Resources. Prior to construction of the floodwall, there was room for vehicles to pull off the road and park in this area. The floodwall removed this small parking area. Following completion of the floodwall, a few motorists have continued to park in this area. Parked vehicles in this location now impede traffic on Route 1-E.&nbsp; It is also desired to prohibit parking through the spillway area. This prohibition is to ensure public safety in case of a sudden rise in lake level, and to ensure flow in the spillway is not impeded. Jones made a motion to approve Resolution No. 03-04 prohibiting parking on Sections of Routes 1-W and 1-E near Lone Star Lake Dam and Spillway. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 02-03-03</STRONG><BR>McElhaney moved approval of accounts payable in the amount of $251,441.19 to be paid 2/3/03 and ACH Bank Transfer in the amount of $38,012.50 to be paid 2/28/03. Jones seconded and the motion carried unanimously.</P> <P><STRONG>MISCELLANEOUS 02-03-03</STRONG><BR>Jones noted there would be a discussion on vicious dogs on Friday, February 14, 2003 at 3:00 P.M. in the Commission Meeting Room.</P> <P>&#160;Johnson made a motion to adjourn; Jones seconded and the motion carried unanimously.</P> <P>_______________________________&nbsp;________________________________<BR>Bob Johnson,&nbsp; Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_______________________________&nbsp;________________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P>

<P>Chairman McElhaney called the meeting to order at 6:35 P.M. on Wednesday, February 5, 2003. All members were present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 02-05-03</STRONG><BR>Jones made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commission Orders No. 5108 and 5111. Orders are on file in the office of the County Clerk.</LI></UL> <P>Johnson seconded and the motion carried.</P> <P><STRONG>OUT-DISTRICT COMMUNITY COLLEGE TUITION 02-05-03<BR></STRONG>Jones moved approval of the four (4) Out-District College Tuition Statements in the amount of $7704. Motion was seconded by Johnson and carried with McElhaney opposed.</P> <P><STRONG>MISCELLANEOUS 02-05-03</STRONG><BR>The Board discussed proposals submitted by the ECO2 committee. Jones gave a brief history of the committee, its purpose, and goals. Jones explained that it is time to move on to the next level. The committee is asking the Board to accept the work products, authorize staff support to coordinate meetings and efforts, and endorse the appointment of the following individuals: Mark Gonzales, Leo Lauber, Jim Roberts, Roxanne Miller, Sandra Shaw, Rex Buchanan, Trudy Rice, and John Pendleton. Jones noted that these individuals have indicated their willingness to serve on the board and to move ECO2 forward, and all were unanimously recommended by the existing ECO2 committee. Kelvin Heck, co- chair of ECO2 committee, recognized the current committee members, thanking them publicly. The current members include Leo Lauber, Sherry Schaub, Myles Schachter, Kelly Kindscher, Shirley Martin-Smith, Lynn Parman, Roger Pine, Andrew Ramirez, James Roberts, Jean Milstead, Jim Henry, Charles Jones, John Naramore, Robert Morris, Mark Gonzales, and Kelvin Heck. The Board then heard comments from Todd Aschenbach, Chairman of the Alliance for the Conservation of Open Space, and Marci Francisco, President of the League of Women Voters. McElhaney expressed concerns about funding and indicated that he would not support efforts to continue this committee. Jones made a motion to appoint the following individuals to the interim ECO2 committee to report back to the Commission no later than one (1) year from now: Mark Gonzales, Leo Lauber, Jim Roberts, Roxanne Miller, Sandra Shaw, Rex Bu chanan, Trudy Rice, and John Pendleton; and authorize limited staff support to coordinate their meetings and efforts. Johnson seconded and the motion carried with McElhaney opposed.</P> <P><STRONG>MISCELLANEOUS 02-05-03</STRONG><BR>Lynn Parman, Vice President of Economic Development of the Lawrence Chamber of Commerce, gave a brief update on economic development. No action was taken.</P> <P><STRONG>INDUSTRIAL PARK -- EAST HILLS 02-05-03</STRONG><BR>The Board considered of a request received from the Chamber of Commerce to exercise the option to purchase 12.5 acres, known as Lot 1, East Hills Business Park No. 3 for the purposes of facilitating the Serologicals Corporation location to Lawrence, Kansas. Phil Struble, LandPlan Engineering, was present for the discussion. Jones made a motion to authorize the sale of 12.5 acres, known as Lot 1, East Hills Business Park No. 3, to Douglas County Development, Inc., on the terms set out in the letter from Lynn Parman dated February 4, 2003. McElhaney seconded and the motion carried unanimously.</P> <P>Jones then made a motion that Douglas County execute a Drainage Easement to the City of Lawrence. Motion was seconded by McElhaney and carried unanimously.</P> <P>Jones moved approval to plat Lot 1, East Hills Business Park No. 3. McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>PUBLIC WORKS 02-05-03</STRONG><BR>The Board discussed options for ultimate improvements to Kasold (E1200/<BR>E1150) between 31st Street and Route 458. Keith Browning, Director of Public Works/County Engineer, and George Williams, Special Projects Engineer, were present for the discussion. It was the consensus of the Board that staff be directed to schedule a study session with the City of Lawrence and Wakarusa Township in early March.</P> <P><STRONG>EMERGENCY COMMUNICATIONS, SHERIFF &amp; PURCHASING 02-05-03</STRONG><BR>The Board discussed the mobile data package for the Sheriff's Office. Rick Trapp, Sheriff, was present for the discussion. Trapp explained that final pricing for the mobile data package for the Sheriff's Office indicates the amount needed to complete the project today exceeds the estimate used for the grant application two years ago. The estimate of two years ago also assumed that the mapping software would be in place to meet Wireless Enhanced 911 requirements and in fact was budgeted for fiscal year 2003. Technology costs in this area have also increased over the last two years and spare parts were not included. Trapp requested approval of the following funding package before final contract preparation proceeds:</P> <P> <TABLE borderColor=black cellSpacing=0 cellPadding=0 border=1> <TBODY> <TR> <TD style="WIDTH: 166px; HEIGHT: 20px">Grant</TD> <TD style="WIDTH: 133px; HEIGHT: 20px"> <P align=center>$318,459.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px">Already approved by Commission</TD></TR> <TR> <TD style="WIDTH: 166px; HEIGHT: 20px">Grant Matching Funds (911 Fund -- Equipment Reserve)</TD> <TD style="WIDTH: 133px; HEIGHT: 20px"> <P align=center>$106,153.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px">Already approved by Commission</TD></TR> <TR> <TD style="WIDTH: 166px; HEIGHT: 20px">911 Fund 2003 Budget<BR>(Line Item 81320 - Mapping)</TD> <TD style="WIDTH: 133px; HEIGHT: 20px"> <P align=center>$50,365.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px">Requesting approval to use for mapping</TD></TR> <TR> <TD style="WIDTH: 166px; HEIGHT: 20px">911 Fund -- Equipment Reserve</TD> <TD style="WIDTH: 133px; HEIGHT: 20px"> <P align=center>$42,206.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px">Requesting approval to use 911 Equipment Reserve</TD></TR> <TR> <TD style="WIDTH: 166px; HEIGHT: 20px">Sheriff's Equipment Reserve</TD> <TD style="WIDTH: 133px; HEIGHT: 20px"> <P align=center>$29,520.00</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px">Requesting approval to use for spare parts</TD></TR> <TR> <TD style="WIDTH: 166px; HEIGHT: 20px"> <P align=right><STRONG>Total Project Cost</STRONG></P></TD> <TD style="WIDTH: 133px; HEIGHT: 20px"> <P align=center><STRONG>$546,703.00</STRONG></P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px">&nbsp;</TD></TR></TBODY></TABLE><BR>Trapp noted that the Douglas County 911 Advisory Board has recommended the approval of 911 Fee Funds for this project.</P> <P>Jones questioned whether the 911 Fee Funds could be used to cover the entire cost, thereby eliminating the need for the Sheriff to utilize his equipment reserve funds. Trapp responded that they could. Jones made a motion that the Sheriff's request for the mobile data project funding be approved to be paid from the 911 Fee Funds. Johnson seconded and the motion carried unanimously.</P> <P><STRONG>MISCELLANEOUS 02-05-03</STRONG><BR>The Board noted receipt of the 31st Street Corridor Study Report. No action was taken.</P> <P><STRONG>ACCOUNTS PAYABLE 02-05-03</STRONG><BR>Jones made a motion to authorize accounts payable in the amount of $17,736.64 to be paid 2/4/03. Motion was seconded by McElhaney and carried unanimously.</P> <P>Johnson made a motion to adjourn; Jones seconded and the motion carried unanimously.</P> <P>_______________________________ ________________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_______________________________ ________________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member</P>

<P>Vice Chairman McElhaney called the meeting to order at 6:41 P.M. on Wednes day, February 12, 2003, with two members present .&nbsp; Commissioner Johnson was absent. The Pledge of Allegiance was recited.</P> <P>Jones made a motion to approve the minutes of November 4, November 11, November 20, December 18, 2002, and February 5, 2003. McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>CONSENT AGENDA 02-12-03</STRONG> <BR>Jones made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commission Order Nos. 5112 and 5113.&nbsp; Orders are on file in the office of the County Clerk; and</LI> <LI>Authorize notice to Clinton Township for cereal malt beverage license for Clinton Store.</LI></UL> <P>McElhaney seconded and the motion carried.</P> <P><STRONG>PLANNING 02-12-03</STRONG><BR>The Board considered Item No. 11 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated January 22, 2003. This item is CUP-08-09-02, a Conditional Use Permit for storage of excavation, trucking, and farm equipment.&nbsp; The property is generally located at 1768 E 1100 Road.&nbsp; Submitted by Paul Werner Architects for North 40 LC, property owners of record. Sandra Day, staff member of the Lawrence-Douglas County Metropolitan Planning Department, was present for the discussion. It was the consensus of the Board to table this item until Commissioner Johnson was present.</P> <P><STRONG>PLANNING 02-12-03</STRONG><BR>The Board considered Item No. 12 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated January 22, 2003. This item is&nbsp; CUP-12-17-02, a Conditional Use Permit for a storage shed at Creekwood Lawn Company.&nbsp; The property is generally described as being located at 1753 N 700 Road.&nbsp; Submitted by Shelby Franklin, property owner of record. Sandra Day, staff member of the Lawrence-Douglas County Metropolitan Planning Depart ment, was present for the discussion. It was the consensus of the Board to table this item until Commissioner Johnson was present.</P> <P><STRONG>PLANNING 02-12-03</STRONG><BR>The Board considered Item No. 13 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated January 22, 2003. This item is CUP-12-18-02, a Conditional Use Permit request for a Christmas Tree Farm.&nbsp; The property is generally described as being located at 794 US Highway 40.&nbsp; Submitted by Lynn Walther for Ethelyn F Walther, trustee, property owner of record. Sandra Day, staff member of the Lawrence-Douglas County Metropolitan Planning Department, was present for the discussion. This item comes to the Board with a unanimous recommendation for approval based upon the following findings of fact:</P> <P>Zoning and uses of property nearby. Surrounding zoning includes A (Agricul tural) on all sides. Surrounding land uses are primarily agricultural with farm residences.</P> <P>Character of the area. The subject property is located just west of the current city limits and is developed with multiple accessory buildings associated with the property. This property is characterized as a rural residential area along a major county thoroughfare. The surrounding area includes agricultural and residential uses. The subject property is outside of the city's growth area and is predomi nantly an agricultural neighborhood including rural residential homes. The subject property is adjacent to county roads on two sides and has direct access to paved roads.</P> <P>Suitability of subject property for the uses to which it has been restricted. A Conditional Use Permit (CUP) d&#160;s not change the base, underlying zoning. The suitability of the property for agricultural or rural residential use will not be altered. The subject property is not located within an Urban Growth Area. The subject property area is zoned for agricultural uses. The subject site is suitable for the proposed uses of agricultural and other products sales.</P> <P>Length of time subject property has remained vacant as zoned. The subject property is developed with the Strawberry Hill Christmas Tree Farm business. Agricultural sales operation has existed for over 18 years on the property. The property has been zoned A (Agricultural) District since 1966.</P> <P>Extent to which removal of restrictions will detrimentally affect nearby property. Approval of a Conditional Use Permit request d&#160;s not alter the base- zoning district. The current request is for a Conditional Use Permit to allow the continued operation of the retail agricultural sales along with the sale of ancillary products. Traffic and noise impacts associated with the use have existed in the area for over 18 years. Traffic intensity will not be altered with the approval of the Conditional Use Permit.</P> <P>Relative gain to the public health, safety and welfare by the destruction of the value of the petitioner's property as compared to the hardship imposed upon the individual landowners. The primary benefit and/or gain to the public health, safety, and welfare of the Conditional Use Permit for the market is that it would provide residents and businesses of Douglas County with farm-grown agricultural and ag-related products. Denial of the request would impose a hardship on the applicant by requiring them to cease any non-farm product sales.</P> <P>Conformance with The Comprehensive Plan. The Conditional Use Permit for the facility is consistent with the goals and policies in Horizon 2020. A Condi tional Use Permit can be used to allow limited commercial and industrial expan sion or establish new or temporary areas for certain non-residential uses. This tool allows proportional development in harmony with the surrounding area.</P> <P>AND subject to the following conditions:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>1.&nbsp;Provision of a note on the face of the site plan stating, "The Condi tional Use Permit will be re-evaluated by the County Commission in February, 2008. The CUP will expire on February 28, 2013. For contin uation of the use covered by this CUP beyond February 28, 2013 the applicant will need rezoning or approval of a new CUP."<BR>2.&nbsp;Provision of a revised site plan to include the following items:<BR>&nbsp;&nbsp;&nbsp;&nbsp;a.&nbsp;Legal description<BR>&nbsp;&nbsp;&nbsp;&nbsp;b.&nbsp;North Arrow<BR>&nbsp;&nbsp;&nbsp;&nbsp;c.&nbsp;Graphic dimensions of the property per Douglas County Zoning Regulations 19-A.4.3<BR>&nbsp;&nbsp;&nbsp;&nbsp;d.&nbsp;Direction arrows of existing storm runoff per section 19-A.4.5<BR>&nbsp;&nbsp;&nbsp;&nbsp;e.&nbsp;Site summary of the existing floor area<BR>&nbsp;&nbsp;&nbsp;&nbsp;f.&nbsp;Show the existing building entrances per section 19-A.4.7<BR>&nbsp;&nbsp;&nbsp;&nbsp;g.&nbsp;Show location of all existing lighting including mounting height, light sources and light direction per section 19-A.4.12.</P></BLOCKQUOTE> <P>Jones made a motioned to approve CUP-12-18-02 subject to the above condi tions. Motion was seconded by McElhaney and carried.</P> <P>McElhaney directed staff to schedule a study session on CUP's.</P> <P><STRONG>ACCOUNTS PAYABLE 02-12-03</STRONG><BR>Jones moved for approval of payroll in the amount of $578,179.81, and elec tronic funds transfers in the amounts of $42,760.29 for FICA and $34,915.70 for KPERS to be paid 2/7/03.&nbsp; Motion was seconded by McElhaney and carried.</P> <P><STRONG>MISCELLANEOUS 02-12-03<BR></STRONG>Jones noted that the first Dangerous Dog discussion will be held on Friday, February 14, 2003 from 3:00 to 5:00 P.M. He indicated good responses from the District Attorney's office, Sheriff and Chief of Police.</P> <P>McElhaney moved for adjournment; Jones seconded and the motion carried.</P> <P>_____________________________&nbsp;_____________________________<BR>Jere McElhaney, Vice Chair&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;<BR>Patty Jaimes, County Clerk</P>

<P>Chairman Johnson called the meeting to order at 9:05 A.M. on Monday, Febru ary 24, 2003. All members were present. The Pledge of Allegiance was recited.</P> <P>Jones made a motion to approve the minutes of November 8, 2002; McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>CONSENT AGENDA 02-24-03<BR></STRONG>McElhaney made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5114. Order is on file in the office of the County Clerk;</LI> <LI>Approve Resolution No. 03-06 granting a cereal malt beverage license to Clinton Marina Store;</LI> <LI>Approve Resolution No. 03-07 granting a cereal malt beverage license to Clinton Store; and</LI> <LI>Note receipt of State Forfeitures per K.S.A. 60-4117(d)(2).</LI></UL> <P>Johnson seconded and the motion carried unanimously.<BR>&nbsp;<BR><STRONG>FAIRGROUNDS 02-24-03<BR></STRONG>The Board discussed amendments to the Fairgrounds Reservations Agree ments. Bill Bell, Director of Buildings and Grounds, and Paula Phillips, Director of Emergency Management, were present for the discussion. Revisions to the current agreement form is necessary in case an emergency situation arises requiring the County to take over the buildings under a declaration of disaster. After discussion, Jones made a motion to approve the following amendment to the Fairgrounds Reservations Agreements:</P> <P>&nbsp;We understand that the County reserves the right to use all or any portion of the 4-H Fairgrounds Facilities for emergency response purposes in the event of a declaration of a federal, state, or local emergency or disaster. Therefore, in the event of such a declaration, we agree that the County can terminate our reservation without notice and without liability.</P> <P>And the following amendment to the standard reservation confirmation form:</P> <P>&nbsp;The County reserves the right to use all or any portion of the 4-H Fair grounds Facilities for emergency response purposes in the event of a declaration of a federal, state, or local emergency or disaster. Therefore, in the event of such a declaration, the County may terminate this reserva tion without notice and without liability, provided that the County uses the Facility for related emergency preparedness and emergency response purposes.</P> <P>McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>PLANNING 02-24-03<BR></STRONG>The Board considered Item No. 11 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated January 22, 2003. This item is CUP-08-09-02: A conditional Use Permit for storage of excavation, trucking, and farm equipment. The property is generally located at 1768 E 1100 Road. Submit ted by Paul Werner Architects for North 40 LC, property owners of record. Sandra Day, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented the item. Mark Andersen, attorney for the applicant, was also present for the discussion. This item comes to the Board with a recommendation for approval, based on the following Findings of Fact:</P> <P>Zoning and uses of property nearby. Subject property is located in an existing residential zoning district (east of E 1100 Road) and borders agricultural uses to the north and west. Several existing homes are located south of the subject property along E 1100 Road. A residential subdivision [Stonegate] is developing to the far east of the subject property. The Lawrence City Limits are within one mile of the subject property to the south.</P> <P>Character of the area. The immediately surrounding area to the east and west is undeveloped and is used for agricultural purposes. The area to the south and far east are developed with single-family residential homes. A narrow parcel of land approximately 100' wide separates the subject property from the Kansas Turn pike on the north side of the property. The general area is heavily wooded and hilly, it includes meadow/pasture area throughout the area. The current character is rural. This property is within the urban growth area and the future land use will alter this character to a more suburban residential type neighborhood.</P> <P>Suitability of subject property for the uses to which it has been restricted.The Subject property is a portion of a larger 32-acre tract under the same ownership. The property has not been platted or subdivided. The structure was built in 1999 per the County Appraiser Office's records and is classified as a commercial building. Traditional commercial uses are not acceptable in this location as the access is limited and requires neighborhood pass-through to reach the property.</P> <P>The revised application addresses the intensity of use, which would be accept able within this area. However, the underlying question of warehouse storage facility, which is not a permitted conditional use, versus a truck storage facility must still be resolved. If approved for truck storage, the proposed Conditional Use Permit will not change the underlying base county residential zoning nor will it permit warehousing of apartment furniture and cabinetry for a rental business.</P> <P>Length of time subject property has remained vacant as zoned. The subject property is part of a larger 32.34-acre tract and has been zoned R-1 since the original adoption of county zoning in 1966. The property was vacant until 1999 when the structure was erected. It is classified as a commercial building accord ing to the County Appraiser's Office though it was built as an agricultural building. Agricultural buildings do not require building permits. This structure was noted by the County Zoning Office as violating the County zoning and building codes. The applicant is seeking to resolve the noted violations and retain the use of the building for storage purposes.</P> <P>Extent to which removal of restrictions will detrimentally affect nearby property. The subject property is located within the Urban Growth Area and is anticipated to develop residentially over time. E 1100 Road is a local road that provides access to the adjacent residential homes in the area and also provides access to the subject property. Approval of the CUP will not alter the base zoning. The applicant has proposed self-limiting conditions that minimize the impact that had originally been a concern for Staff and the Township. This modification in use and access for truck storage would not detrimentally impact adjacent properties.</P> <P>Relative gain to the public health, safety and welfare by the destruction of the value of the petitioner's property as compared to the hardship imposed upon the individual landowners. No significant gain to the public is provided by approval of this use. A marginal hardship to the existing adjacent landowners and township road maintenance is recognized. The area is isolated and is not directly accessible. As the area develops, this use will become obsolete and incompati ble.</P> <P>Conformance with The Comprehensive Plan. The Comprehensive Plan supports the retention of industrial uses and limited expansion of existing indus trial districts outside of the urban area. A Conditional Use Permit can be used to allow limited commercial and industrial usage such as truck storage.</P> <P>AND subject to the following conditions:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>1.&nbsp;Approval of the CUP shall be limited to 5 years at such time the appli cant must reapply prior to continuation of the use;<BR>2.&nbsp;Provision of a revised site plan to show the following:<BR>&nbsp;&nbsp;&nbsp;&nbsp;a.&nbsp;Show existing E1100 Road right-of-way;<BR>&nbsp;&nbsp;&nbsp;&nbsp;b.&nbsp;Show front building setback along west property line and side building setback along south property line;<BR>&nbsp;&nbsp;&nbsp;&nbsp;c.&nbsp;Provide reference for drainage easement including Book &amp; Page number;<BR>&nbsp;&nbsp;&nbsp;&nbsp;d.&nbsp;Show that portion of the subject property that is located within the special hazard district flood zone including the map and date refer ences from FEMA; and<BR>&nbsp;&nbsp;&nbsp;&nbsp;e.&nbsp;Provision of a revised legal description that cites the full parent parcel that matches the County records and the sub-parcel pro posed.<BR>&nbsp;3.&nbsp;Provision of a revised site plan to include the following notes:<BR>&nbsp;&nbsp;&nbsp;&nbsp;a.&nbsp;"No restroom facilities are provided. If a restroom is provided the structure shall be required to meet ADAAG requirements on the site plan as well as actual building construction.<BR>&nbsp;&nbsp;&nbsp;&nbsp;b.&nbsp;Provision of a note that clarifies the proposed use of the building as truck and mower storage only."<BR>&nbsp;&nbsp;&nbsp;&nbsp;c.&nbsp;"All access will be limited to automobiles, pickup trucks or other light-duty trucks not to exceed five-ton load limit, and the Applicant shall, at its sole expense, repair all damage to East 100 Road caused by the applicant's use of such road."<BR>&nbsp;&nbsp;&nbsp;&nbsp;d.&nbsp;"No outside storage of equipment or materials."<BR>&nbsp;&nbsp;&nbsp;&nbsp;e.&nbsp;"No burning."<BR>&nbsp;&nbsp;&nbsp;&nbsp;f.&nbsp;"No night uses."<BR>&nbsp;&nbsp;&nbsp;&nbsp;g.&nbsp;"Exterior safety lighting is permitted."<BR>&nbsp;&nbsp;&nbsp;&nbsp;h.&nbsp;"No excessive noise."<BR>&nbsp;&nbsp;&nbsp;&nbsp;i.&nbsp;"No construction debris shall be dumped or disposed of on site."<BR>&nbsp;4.&nbsp;Revise site plan to remove notes related to exterior storage.</P></BLOCKQUOTE> <P>Commissioner Jones stated that he did not support approval of this CUP due to the history of compliance problems. McElhaney stated that he had spoken with staff and the applicant and his concerns have been addressed. He noted that this d&#160;s fall within the CUP requirements. Jones then stated that it should be made very clear that the County intends to enforce the CUP. Motion was made by Johnson to approve CUP-08-09-02 subject to the above conditions. Motion was seconded by McElhaney and carried with Jones opposed.</P> <P><STRONG>PLANNING 02-24-03</STRONG><BR>The Board considered Item No. 12 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated January 22, 2003. This item is CUP-12-17-02: Conditional Use Permit request for a storage shed at Creekwood Lawn Company. The property is generally described as being located at 1753 N 700 Road. Requested by Shelby Franklin, property owner of record. Sandra Day, staff member of the Lawrence-Douglas County Metropolitan Planning Depart ment, presented the item. This item comes to the Board with a recommendation for approval, based upon the following Findings of Fact:</P> <P>Zoning and uses of property nearby. The subject property and surrounding area is zoned for agricultural uses.</P> <P>Character of the area. The subject property is located two and a half miles north of Baldwin within the Vinland community. This area is characterized as a rural residential area and includes both agricultural and residential uses as well as a small airfield facility. The subject property is outside of any incorporated city's growth area and is predominantly an agricultural neighborhood including rural residential homes. The subject property is adjacent to county roads on two sides and has direct access to a paved county maintained road.</P> <P>Suitability of subject property for the uses to which it has been restricted. A Conditional Use Permit (CUP) d&#160;s not change the base, underlying zoning. The suitability of the property for agricultural or rural residential use will not be altered. The subject property is not located within an Urban Growth Area. The subject property area is zoned for agricultural uses. The subject property is a five-acre tract suitable for future rural residential development.</P> <P>Length of time subject property has remained vacant as zoned. The subject property is developed with an existing storage building for machinery equipment. The structure was constructed as an agricultural building; therefore no building permit was issued. The County Zoning Regulations were adopted in 1966, this property has been zoned "A (Agricultural)" since that time.</P> <P>Extent to which removal of restrictions will detrimentally affect nearby property. Approval of the CUP will provide an opportunity for the applicant to be compliant with the minimum zoning regulations and standards until such time as a single-family house is constructed. As a Conditional Use Permit, the issues of screening and buffering to reduce undesirable impacts such as noise and view on residential properties to the west can and should be provided.</P> <P>Relative gain to the public health, safety and welfare by the destruction of the value of the petitioner's property as compared to the hardship imposed upon the individual landowners. There is no identified relative gain or detri ment to the public's health, safety and welfare by permitting development of this use as a Conditional Use Permit. The underlying A (Agricultural) zoning remains unchanged.</P> <P>Conformance with The Comprehensive Plan. A Conditional Use Permit can be used to allow limited commercial and industrial expansion or establish new or temporary areas for certain non-residential uses. This tool allows proportional development in harmony with the surrounding area. As recommended by Horizon 2020, the proposed request is, in the short term, consistent with the Comprehen sive Plan. As a more detailed study of industrial locations is completed for the unincorporated area, the longevity of the appropriateness may be affected.</P> <P>AND subject to the following conditions:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>1.&nbsp;Provision of a note on the face of the site plan stating, "The Conditional Use Permit will be re-evaluated by the County Commission in Febru ary, 2008. The CUP will expire on February 28, 2013. Continuation of the use covered by this CUP beyond February 28, 2013 the applicant will need rezoning or approval of a new CUP."<BR>2.&nbsp;Provision of a revised site plan to include the following changes:<BR>&nbsp;&nbsp;&nbsp;&nbsp;a.&nbsp;Show present and proposed topography at 5'-0" intervals. (19A-4.4)<BR>&nbsp;&nbsp;&nbsp;&nbsp;b.&nbsp;Provide a note stating: "Work activity on the site shall be limited to the servicing of equipment and/or work vehicles and the pick up or delivery of such equipment/vehicles."<BR>&nbsp;&nbsp;&nbsp;&nbsp;c.&nbsp;State on the plan if there are restroom facilities on this property.<BR>&nbsp;&nbsp;&nbsp;&nbsp;d.&nbsp;Show any utilities to this building.<BR>&nbsp;&nbsp;&nbsp;&nbsp;e.&nbsp;Show dimension of adjacent roadways.<BR>&nbsp;&nbsp;&nbsp;&nbsp;f.&nbsp;Provision of a note on the face of the site plan that states; "The approved use for this site is an interior equipment storage facility for vehicles, mowers and related lawn care machinery for the appli cant. Repair, and/or servicing stored vehicles and equipment, other than those necessary for standard maintenance and upkeep, is expressly prohibited."<BR>&nbsp;&nbsp;&nbsp;&nbsp;g.&nbsp;Provision of a note on the face of the site plan that states; "Any exterior storage of material shall be completely screened per Sec tion 19-4(24) of the County Zoning Regulations."<BR>&nbsp;&nbsp;&nbsp;&nbsp;h.&nbsp;Provision of a note on the face of the site plan that states: "The addition of exterior storage of materials shall first require a revision to the site plan portion of the CUP."<BR>&nbsp;&nbsp;&nbsp;&nbsp;i.&nbsp;Provision of a note regarding existing landscape per Douglas County Zoning Regulations 19A-4.10.</P></BLOCKQUOTE> <P dir=ltr>Jones made a motion to approve CUP-12-17-02 subject to the above conditions. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>OUT-DISTRICT COMMUNITY COLLEGE TUITION STATEMENTS 02-24-03</STRONG><BR>Jones moved approval of the five (5) Out-District College Tuition Statements in the amount of $12,396. Motion was seconded by Johnson and carried with McElhaney opposed.</P> <P><STRONG>ACCOUNTS PAYABLE 02-24-03</STRONG><BR>Jones moved approval of accounts payable in the amount of $125,938.65 to be paid 2/10/03; $2,434,805.28 to be paid 2/17/03; accounts payable manual checks in the amounts of $766.00, $1,063.90, $116,806.50, and $5,000.00; payroll in the amount of $557,573.03; and electronic funds transfers in the amounts of $41,188.00 for FICA and $32,822.70 for KPERS to be paid 2/21/03. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>APPOINTMENTS 02-24-03</STRONG><BR>McElhaney made a motion to reappoint Roy Paslay, 309 Elmore, Lecompton, KS, and Paul Hamersky, 2119 E 300 Road, Lecompton, KS to the Fire District No. 1 Board of Trustees, which terms shall expire December 31, 2003.</P> <P><STRONG>APPOINTMENTS 02-24-03</STRONG><BR>McElhaney made a motion to reappoint the following individuals to the Douglas County Senior Services Board of Directors, which terms shall expire December 31, 2004:</P> <UL> <LI>Debbie Heinrich, 557 E 1750 Road, Baldwin City, KS;</LI> <LI>Joseph Marzluff, 4807 Brandon Woods Terrace, Lawrence, KS;</LI> <LI>Charlene Winter, 638 N 1800 Road, Lecompton, KS;</LI> <LI>Jim Ralston, 3005 W. 26th, Lawrence, KS;</LI> <LI>Ralph Ruhlen, 610 N 6th Street, Baldwin City, KS; and</LI> <LI>Virginia Seaver, 600 Louisiana, Lawrence, KS;</LI></UL> <P>and appoint the following individuals, which terms shall expire December 31, 2004:</P> <UL> <LI>Lori Garber, 604 N 1602 Road, Lawrence, KS;</LI> <LI>Fred Madaus, 2716 Stone Barn Terrace, Lawrence, KS; and</LI> <LI>David Mattern, 3006 Longhorn Drive, Lawrence.</LI></UL> <P>Jones seconded and the motion carried unanimously.</P> <P><STRONG>MISCELLANEOUS 02-24-03</STRONG><BR>At 10:45 A.M., Jones made a motion that the Board recess to go into Executive Session for 10 minutes with Craig Weinaug, County Administrator, to discuss possible acquisition of real estate. McElhaney seconded and the motion carried unanimously. The Board returned to regular session at 10:49 A.M. No action was taken.</P> <P>&#160;Johnson made a motion to adjourn; Jones seconded and the motion carried unanimously.</P> <P>_______________________________&nbsp;________________________________<BR>Bob Johnson,&nbsp; Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_______________________________&nbsp;________________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P>

<P>The Board of County Commissioners of Douglas County, Kansas met in special session on Friday, February 28, 2003 with all members present. The purpose of the special meeting was to canvass the results of the City/School Primary Election which was held on Tuesday, February 25, 2003. Chairman Johnson called the special meeting to order at 9:05 A.M. The Pledge of Allegiance was recited.</P> <P>Patty Jaimes, County Clerk, reported there were one hundred forty-four (144) provisional ballots. Jaimes made the recommendation that the Board count one hundred ten (110) of the provisional ballots. These were cast by voters that either moved and failed to re-register or had a name change. Jaimes then recommended that the remaining thirty-four (34) not be counted, twenty-two (22) of which lacked signatures and the remaining twelve (12) were first time regis trants. Jones made a motion that the Board approve Jaimes' recommendations. McElhaney seconded, and the motion carried unanimously.</P> <P>It should be noted that after the additional ballots were counted, the election results were not changed and no errors were found.</P> <P><STRONG>AGREEMENTS &amp; SHERIFF 02-28-03</STRONG><BR>Sheriff Trapp presented a Supplement to H.T.E., Inc. Software License and Services Agreement by and between H.T.E., Inc. and Douglas County, Kansas. Trapp explained that this contract was necessary in order to finalize the contract for the purchase mobile data units in the amount of $38,000 which was budgeted out of the 911 Fee Funds. Jones made a motion to authorize the Sheriff to execute the contract between H.T.E., Inc. and Douglas County. Motion was seconded by McElhaney and carried unanimously.</P> <P>Johnson moved for adjournment, McElhaney seconded and the motion carried unanimously.</P> <P>______________________________&nbsp;________________________________<BR>Bob Johnson, Chair&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P>______________________________&nbsp;________________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P>

<P>Chairman Johnson called the meeting to order at 9:03 A.M. on Monday, March 3, 2003. Commissioners Johnson and Jones were present. Commissioner McElhaney was absent. The Pledge of Allegiance was recited.</P> <P><STRONG>PROCLAMATION 03-03-03</STRONG><BR>Peggy Wahlert, Cottonwood, Inc., read a proclamation proclaiming the month of March as "Mental Retardation and Developmental Disabilities Month." Johnson made a motion to adopt the proclamation as read; Jones seconded and the motion carried.</P> <P>Commissioner McElhaney joined the meeting at 9:08 A.M.</P> <P>Jones made a motion to approve the minutes of January 15 and February 3, 2003. McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>CONSENT AGENDA 03-03-03</STRONG><BR>Johnson moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5115 and 5116. Orders are on file in the office of the County Clerk;</LI> <LI>Approve Resolution No. 03-08 appointing the District Coroner and Deputy District Coroner for the Seventh Judicial District for the Four- Year Term which commenced on January 11, 2003;</LI> <LI>Approve the purchase of 2,4-DA, Glyphosate, Remedy, Tordon 22K and 2,4-DLV from Lone Pine Ag-Serv's;</LI> <LI>Approve the Noxious Weed Management Plan; and</LI> <LI>Note receipt of fee reports for the month of January 2003;</LI></UL> <P>Jones seconded and the motion carried unanimously.</P> <P><STRONG>AGREEMENTS &amp; SHERIFF 03-03-03</STRONG><BR>The Board considered approval of an Interlocal Agreement between the Board of County Commissioners of Shawnee, Kansas, The City of Topeka, The City of Lawrence, the Board of County Commissioners of Douglas County, Kansas, and the Board of County Commissioners of Jefferson, Kansas to jointly participate in the use of a software system referred as a "COPLINK Knowledge Computing Corporation" in order to provide for greater efficiency and effectiveness of police protection and public safety in the region. Rick Trapp, Sheriff, was present for the discussion. Trapp explained that this is a knowledge management system that manages information and assists in solving crime. Each participating agency will be able to download all available information into the COPLINK database on a daily basis. This consolidated information will then be available for all five agencies to use for investigative and analytical purposes. The database should enable all involved to become more effective in the common goal of reducing crime. The cost to Douglas County is seven thousand dollars ($7,000). Jones made a motion to authorize the Chair to execute the Interlocal Agreement, seconded by McElhaney and carried unanimously.</P> <P><STRONG>PROPERTY VALUATION 03-03-03</STRONG><BR>Marion Johnson, County Appraiser, presented the Annual Appraisal Report. No action was taken.</P> <P><STRONG>MISCELLANEOUS &amp; PARKING 03-03-03</STRONG><BR>The Board discussed the County's policy on reimbursement of bus fare. Craig Weinaug, County Administrator, presented the item. Weinaug noted that during the renovation of the Judicial &amp; Law Enforcement Center, the Board authorized the reimbursement of bus fare for employees as an incentive to utilize the bus system and relieve parking problems. Weinaug recommended the continuance of the reimbursement. Jones made a motion to continue the reimbursement, seconded by McElhaney and carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 03-03-03</STRONG><BR>Jones moved approval of accounts payable in the amount of $248,664.03 to be paid 2/24/03; $508,981.91 to be paid 3/3/03, and $38,157.50 to be paid 3/3/03. McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>MISCELLANEOUS 03-03-03</STRONG><BR>At 10:17 A.M. Johnson made a motion that the Board recess to go into executive session for one (1) hour with Craig Weinaug, County Administrator; Pam Madl, Director of Administrative Services; and Evan Ice, County Counselor, to discuss potential litigation. Motion was seconded by Jones and carried unanimously. At 11:15 A.M., Johnson made a motion to extend the executive session until 12:15 P.M., seconded by McElhaney and carried unanimously. The Board returned to regular session at 12:05 P.M. No action was taken.</P> <P>Johnson moved for adjournment; Jones seconded and the motion carried unanimously.</P> <P>______________________________&nbsp;________________________________<BR>Bob Johnson, Chair&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P>______________________________&nbsp;________________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P>

<P>Chairman Johnson called the meeting to order at 9:05 A.M. on Monday, March 10, 2003. All members were present. The Pledge of Allegiance was recited.</P> <P>McElhaney made a motion to approve the revised minutes of November 4, and December 2, 2002, and the minutes of February 12, 2003. Jones seconded and the motion carried unanimously.</P> <P><STRONG>CONSENT AGENDA 03-10-03</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5119 and 5120. Orders are on file in the office of the County Clerk; and</LI> <LI>Award the following bids for various signs, posts, and miscellaneous materials for county and township use as recommended by the Direc tor of Public Works:</LI></UL> <P align=center> <TABLE borderColor=black cellSpacing=0 cellPadding=0 border=1> <TBODY> <TR> <TD style="WIDTH: 200px; HEIGHT: 20px">National Sign</TD> <TD style="WIDTH: 200px; HEIGHT: 20px">$3,303.55</TD></TR> <TR> <TD style="WIDTH: 200px; HEIGHT: 20px">Kansas Correctional Ind.</TD> <TD style="WIDTH: 200px; HEIGHT: 20px">$222.33</TD></TR> <TR> <TD style="WIDTH: 200px; HEIGHT: 20px">Custom Products</TD> <TD style="WIDTH: 200px; HEIGHT: 20px">$3,800.28</TD></TR> <TR> <TD style="WIDTH: 200px; HEIGHT: 20px">Rocal, Inc.</TD> <TD style="WIDTH: 200px; HEIGHT: 20px">$2,283.30</TD></TR> <TR> <TD style="WIDTH: 200px; HEIGHT: 20px">Hall Signs</TD> <TD style="WIDTH: 200px; HEIGHT: 20px">$316.50</TD></TR> <TR> <TD style="WIDTH: 200px; HEIGHT: 20px">Signs &amp; Blanks, Inc.</TD> <TD style="WIDTH: 200px; HEIGHT: 20px">$6,265.63</TD></TR> <TR> <TD style="WIDTH: 200px; HEIGHT: 20px">3M Company</TD> <TD style="WIDTH: 200px; HEIGHT: 20px">&nbsp;$440.00</TD></TR> <TR> <TD style="WIDTH: 200px; HEIGHT: 20px"> <P align=right><STRONG>Bid Total</STRONG></P></TD> <TD style="WIDTH: 200px; HEIGHT: 20px"><STRONG>$16,631.59</STRONG></TD></TR></TBODY></TABLE></P> <P>McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>PUBLIC WORKS &amp; PURCHASING 03-10-03</STRONG><BR>The Board discussed bids received for asphaltic concrete material for use during the 2003 road maintenance season. Keith Browning, Director of Public Works/County Engineer, was present for the discussion. Browning noted that only one (1) supplier, LRM Industries, submitted a bid this year. Typically, Asphalt Sales also bids on the supply contract, but they are undergoing an ownership change and did not feel comfortable submitting a bid. McElhaney made a motion to approve the contract with LRM Industries, Inc. for the supply of 5,001 tons to 13,000 tons of BM-2 asphaltic concrete at the unit price of $22.15 per ton. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PUBLIC WORKS &amp; PURCHASING 03-10-03<BR></STRONG>The Board then discussed bids received for road maintenance aggregates. Jones made a motion to accept the bids from Hunt Midwest for AB-3 in the amount of $10,000 for 2,000 tons from the Lawrence quarry and $42,500 for 10,000 tons from the Globe quarry; and accept the bid of $30,875 from Hunt Midwest (Globe quarry) for 6,500 tons of SS-3. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 03-10-03</STRONG><BR>Lynn Parman, Vice President of Economic Development of the Lawrence Chamber of Commerce, presented an economic development update. No action was taken.</P> <P><STRONG>PARKS — BLACK JACK 03-10-03</STRONG><BR>The Board discussed the submission of a letter to the Historical Society with respect to the Black Jack Battleground. Johnson explained that since there is significant controversy with regard to the appropriate role of SHPO in regulating land use in the environs of sites that have been recognized by the state as being historically significant, he was raising the question as to whether Douglas County should request that the consideration of the Black Jack battle site be tabled. Kerrie Altenbernd was also present for the discussion. It was the consensus of the Board that the letter not be submitted to the Historical Society. </P> <P><STRONG>ACCOUNTS PAYABLE 03-10-03</STRONG><BR>Jones moved approval of accounts payable in the amount of $85,039.31 to be paid 3/10/03; accounts payable manual checks in the amount of $766.00; payroll in the amount of $554,864.71; and electronic funds transfers in the amounts of $40,991.47 for FICA and $32,392.83 for KPERS to be paid 3/7/03. McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>ZONING 03-10-03</STRONG><BR>Mike Garber appeared before the Board with a request for a variance to Home Rule Resolution No. HR-02-8-4, which prohibits the issuance of permits for the construction or placement of dwellings and mobile homes on tracts of land gaining primary access through minimum maintenance roads. Keith Dabney, Director of Zoning and Codes, was also present for the discussion. Dabney stated that Mr. Garber had submitted an application for a multi-purpose building which would include kitchen facilities for family gatherings. Dabney noted that according to the zoning regulations, one (1) primary dwelling is allowed on a piece of property. If a second building is built that includes a kitchen, it is consid ered a 2nd dwelling. Mr. Garber d&#160;s have adequate acreage that would allow him to divide the property in such a manner that would allow the dwelling, however Home Rule Resolution No. HR-02-8-4 prohibits issuance of building permits on minimum maintenance roads. Dabney also noted that Mr. Garber had gone before the Board of Zoning Appeals requesting the variance which was denied. Mr. Garber stated that Kanwaka Township would like to remove the minimum maintenance designation, but is unable to do so at this time because of budgetary constraints. McElhaney stated that he would meet with Kanwaka Township to see what their time line is for requesting that the minimum mainte nance designation be removed. No action was taken at this time.</P> <P>Johnson moved for adjournment; McElhaney seconded and the motion carried unanimously.</P> <P>____________________________ _____________________________<BR>Bob Johnson, Chairman Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>The Board of County Commissioners of Douglas County, Kansas, conducted a joint meeting with the Lawrence City Commission on Wednesday, March 12, 2003. Chairman Johnson called the joint meeting to order at 11:00 A.M. with all members present. The Boards discussed the following:</P> <UL> <LI>31st Street feasibility study, possible projects extending Kasold over the Trafficway and the Wakarusa River and possible short-term im provements to Kasold; and</LI> <LI>Update on the Sanitary Sewer Master Plan process.</LI></UL> <P>At 11:57 A.M., Johnson made a motion that the Boards go into executive session until 1:30 P.M. to discuss possible land acquisition. Motion was seconded by Jones and carried unanimously. The Boards returned to regular session at 1:20 P.M. No action was taken.</P> <P>Johnson made a motion that the Board adjourn until 6:35 P.M. for their regular meeting. Motion was seconded by McElhaney and carried unanimously.</P> <P>Chairman Johnson called the meeting to order at 6:35 P.M. on Wednesday, March 12, 2003. All members were present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 03-12-03</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5121, 5122, 5123 and 5124. Orders are on file in the office of the County Clerk.</LI></UL> <P>Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>ZONING 03-12-03</STRONG><BR>The Board discussed a request from Tom Stein for a variance of Home Rule Resolution No. 02-3-1 with regard do the 250' road frontage requirement. Mr. Stein is requesting the variance for his property located at 1248 E 2100 Road, Eudora, KS, in order to subdivide it into 2 lots. The subdivision would include the existing home and approximately 9 acres and a second lot of 5+ acres on which a new home would be constructed. Keith Dabney, Director of Zoning &amp; Codes, was present for the discussion. Jones stated that he would not support the variance since other individuals with compelling reasons have made requests for variances which were not granted. The Board suggested that Mr. Stein attempt to resolve this issue without the need for the variance. No action was taken.</P> <P><STRONG>MISCELLANEOUS 03-12-03<BR></STRONG>The Board discussed the possible initiation of a county government reorganiza tion process. Johnson stated that he thought it would be a good idea to take a look at where the County is and raise questions as to procedures and see if there were better ways of getting things accomplished. Johnson noted that he would expect this to be a lengthy process with lots of input. Jones stated that he has asked for input from several people and he d&#160;sn't object to the discussion. McElhaney stated that he was open to dialog. No action was taken.</P> <P><STRONG>ACCOUNTS PAYABLE 03-12-03</STRONG><BR>Jones moved approval of accounts payable manual checks in the amount of $1,988.00; McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>MISCELLANEOUS 03-12-03</STRONG><BR>Jones made a motion to authorize the Chair to execute a Confidentiality Agree ment between the Board of County Commissioners of Douglas County, Kansas and Farmland Industries, Inc. Motion was seconded by McElhaney and carried unanimously.</P> <P>Johnson made a motion to adjourn; McElhaney seconded and the motion carried unanimously.</P> <P>______________________________&nbsp;________________________________<BR>Bob Johnson, Chair&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P>______________________________&nbsp;________________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P>

<P>Chairman Johnson called the meeting to order at 9:03 A.M. on Monday, March 24, 2003. All members were present. The Pledge of Allegiance was recited.</P> <P><STRONG>PROCLAMATION 03-24-03</STRONG><BR>Johnson read a proclamation proclaiming the month of April as "Fair Housing Month." Jones made a motion to adopt the proclamation as read; McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>PROCLAMATION 03-24-03</STRONG><BR>Gary Miller, Bert Nash, presented a proclamation proclaiming the week of November 11-15 ad Hunger and Homelessness Awareness Week. The Board recommended various changes to the proclamation which will be presented at a later date.</P> <P><STRONG>CONSENT AGENDA 03-24-03</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5126, 5127 and 5128. Orders are on file in the office<IMG height=16 src="http://dgitsrv1/Releases/Commission/RTE_Files/images/toolbar.gif" width=42 border=0 name=toolbar> of the County Clerk;</LI> <LI>Approve Resolution No. 03-09 concerning the reimbursement of county employees for the use of their personal motor vehicles for county business changing the reimbursement to 36.5&#162;/mile;</LI> <LI>Note receipt of the County Engineer's Annual Report for 2002;</LI> <LI>Waive the Douglas County Purchasing Policy and authorize a contract not to exceed $23,00 for the installation of the door entry system for the Judicial and Law Enforcement Center from CI3 Integrators; and</LI> <LI>Approve the Lone Star Lake Skiing dates as follows:</LI></UL> <P align=center> <TABLE borderColor=black cellSpacing=0 cellPadding=0 border=1> <TBODY> <TR> <TD colSpan=2><STRONG>That skiing be allowed from May 26 thru July 19, 2003, from 10:00 A.M. until<BR>9:00 P.M. on Tuesday, Wednesday, and Thursday of each week and also on the<BR>following dates:</STRONG></TD></TR> <TR> <TD style="WIDTH: 300px; HEIGHT: 20px">May 26 (Mon — Memorial Day)</TD> <TD style="WIDTH: 300px; HEIGHT: 20px">Jun 29 (Sun)</TD></TR> <TR> <TD style="WIDTH: 300px; HEIGHT: 20px">June 7 (Sat) </TD> <TD style="WIDTH: 300px; HEIGHT: 20px">June 1 (Sun)</TD></TR> <TR> <TD style="WIDTH: 300px; HEIGHT: 20px">June 15 (Sun) </TD> <TD style="WIDTH: 300px; HEIGHT: 20px">July 5 (Sat)</TD></TR> <TR> <TD style="WIDTH: 300px; HEIGHT: 20px">June 21 (Sat) </TD> <TD style="WIDTH: 300px; HEIGHT: 20px">July 13 (Sun)</TD></TR> <TR> <TD style="WIDTH: 300px; HEIGHT: 20px"></TD> <TD style="WIDTH: 300px; HEIGHT: 20px">July 19 (Sat)</TD></TR> <TR> <TD colSpan=2> <P><STRONG>That skiing be allowed from 10:00 A.M. until 8:00 P.M. on Tuesday, Wednesday, and<BR></STRONG><STRONG>Thursday of each week and also on the following dates:</STRONG></P></TD></TR> <TR> <TD style="WIDTH: 300px; HEIGHT: 20px">July 27 (Sun) </TD> <TD style="WIDTH: 300px; HEIGHT: 20px">Aug 24 (Sun)</TD></TR> <TR> <TD style="WIDTH: 300px; HEIGHT: 20px">Aug 2 (Sat) </TD> <TD style="WIDTH: 300px; HEIGHT: 20px">Aug 30 (Sat)</TD></TR> <TR> <TD style="WIDTH: 300px; HEIGHT: 20px">Aug 10 (Sun) </TD> <TD style="WIDTH: 300px; HEIGHT: 20px">Sept 1 (Mon — Labor Day)</TD></TR> <TR> <TD style="WIDTH: 300px; HEIGHT: 20px">Aug 16 (Sat)</TD> <TD style="WIDTH: 300px; HEIGHT: 20px"></TD></TR> <TR> <TD colSpan=2><STRONG>That skiing be allowed from 10:00 A.M. until 6:00 P.M. on the following dates:</STRONG></TD></TR> <TR> <TD style="WIDTH: 300px; HEIGHT: 20px">Sept 6 (Sat) </TD> <TD style="WIDTH: 300px; HEIGHT: 20px">Sept 20 (Sat)</TD></TR> <TR> <TD style="WIDTH: 300px; HEIGHT: 20px">Sept 14 (Sun)</TD> <TD style="WIDTH: 300px; HEIGHT: 20px"></TD></TR></TBODY></TABLE></P> <P>McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>PLANNING 03-24-03</STRONG><BR>The Board considered Item No. 6 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated February 26, 2003. This item is CUP-10-10-02: Conditional Use Permit request for a Verizon tower location at the corner of E 1450 Road and N 1800 Road. Requested by Verizon Wireless for Emil W. Heck, Jr. and Bette Q Heck, property owners of record. Sandra Day, staff member of the Lawrence-Douglas County Metropolitan Planning Depart ment, presented the item. This item comes before the Board with a unanimous recommendation for approval, based on the following Findings of Fact</P> <P>Zoning and uses of property nearby. The surrounding properties to the north and west are zoned for agricultural purposes. The property is bounded on the east by the railroad right-of-way and the riverfront area to the south.</P> <P>Character of the area. The subject property is located within an existing agricul tural neighborhood. The area includes scattered rural residences and a bed and breakfast facility to the north. A public park is located to the south of the subject property.</P> <P>Suitability of subject property for the uses to which it has been restricted.The suitability of the subject property for its current "A (agricultural District)" zoning will not be altered by the approval or denial of a CUP for the construction of a tower. The location of a tower facility in a non-residential area or agricultural district is preferred. Towers are a permitted use in this district subject to the approval of a CUP.</P> <P>Extent to which removal of restrictions will detrimentally affect nearby property. No physical detrimental impacts are anticipated by the construction of a communication tower in part because the base zoning will not be altered. The proposed tower height is less than 120' and will not require lighting unless otherwise ordered by the FAA. Individual property owners may perceive a loss or negative impact on the view depending on the proximity to the tower location. The proposed tower is located in a preferred zoning district.</P> <P>Length of time subject property has remained vacant as zoned. The subject property is currently used for agricultural crop activities and includes an existing rural residence located in the northwest portion of the property. It has been zoned for agricultural purposes since 1966.</P> <P>Relative gain to the public health, safety and welfare by the destruction of the value of the petitioner's property as compared to the hardship imposed upon the individual landowners. No significant gains to the public health, safety and welfare would result from the approval of this proposed tower. Approval of this tower will result in the improvement of communication service for the private provider making this request. The proposed tower enclosure area is setback 100' from the nearest property line. The center of the tower structure is located approximately 150' from the nearest property line. The county code requires the minimum setback be equal to the height of the tower. The proposed tower includes locations for other equipment to be co-located on this structure.</P> <P>Conformance with The Comprehensive Plan. Horizon 2020 d&#160;s not directly address the issue of special or conditional uses. The plan provides basic guidance regarding major infrastructure improvements and urges that such uses be carefully planned and provided. The provision of such services should be focused in existing service areas to address growth. Additionally, placement and visual appearance are a key consideration in creating compatibility.</P> <P>AND subject to the following conditions:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>1. Provision of a revised site plan to include the following:<BR>a. A note which states: "Any tower that is not in use for a period of three continuous years, or more, shall be removed by the owner at the owner's expense. Failure to remove the tower pursuant to non- use may result in removal and assessment of cost to the property pursuant to K.S.A. 12-6a17."<BR>b. A note which states: "The tower owner and/or operator shall submit a letter to the Planning Office by July 1st of each year listing the current users and types of antenna located on the approved tower.. (Letter should include reference to the CUP number and legal description.)<BR>c. Minimal lighting at the base shall be reviewed and approved by staff. Any lighting of the enclosure area shall be directed downward and shielded to prevent glare and light trespass.<BR>d. A sign shall be posted on the tower or the exterior fence around the base of the tower noting the name and telephone number of the tower owner and operator.<BR>2. Provision of a copy of the approved Corps of Engineer's permit prior to the release of the site plan to the Zoning Administrator; and<BR>3. Approval of the driveway entrance by the township board.</P></BLOCKQUOTE> <P>Johnson noted for the record that he is a stockholder in Verizon. It was deter mined this would not constitute a conflict of interest. </P> <P>Jones questioned the 10 year approval with 5 year review process. Sandra stated that was not typically a condition placed on towers.</P> <P>Jones made a motion to approve CUP-10-10-02 subject to the above conditions with the additional condition that the Conditional Use Permit is valid for a period of up to 10 years from the date of approval by the Board of County Commission ers with a review after 5 years. McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>PARKS — BROKEN ARROW 03-24-03<BR></STRONG>Fed DeVictor, Director of Parks and Recreation, and Mark Hecker, Park Mainte nance Superintendent of the City of Lawrence, conducted a presentation regarding improvements made to Broken Arrow Park resulting from an agree ment between Douglas County and the City of Lawrence. No action was taken.</P> <P><STRONG>AGREEMENTS AND SHERIFF 03-24-03</STRONG><BR>Rick Trapp, Sheriff, presented a Communications System Agreement between Motorola, Inc. and Douglas County, Kansas. Trapp explained that approval and execution of this agreement would enable the Sheriff's Department to order the equipment necessary to implement the Mobile Data System. Upon execution of the agreement, the Federal Government is prepared to wire the Sheriff's Office the initial installment of grant funding. Douglas County's total match is $126,153 and the Federal Government's grant is $318,459. Jones made a motion to authorize the Sheriff to execute the contract between Motorola, Inc. and Douglas County, Kansas, and authorized the Sheriff to execute change orders up to $10,000. McElhaney stated he was not comfortable with the change order authority and requested that any use of the authority be reported. McElhaney then seconded the motion which carried unanimously.</P> <P><STRONG>PUBLIC WORKS &amp; RESOLUTIONS 03-24-03<BR></STRONG>The Board considered approval of a resolution establishing a 40 miles per hour maximum speed limit on a portion of Douglas County Route No. 442 near Stull. Keith Browning, Director of Public Works/County Engineer, was present for the discussion. Browning explained that in anticipation of the completion of the Route 442 improvements, the entire section of Route 442 between Stull and US- 40 Highway has been studied to determine appropriate permanent traffic control signing. As part of that study, it has been determined that the existing 40 mph speed zone in the town of Stull should be extended 380 feet to the east. The study concluded that the transition area between the existing 40 mph and 55 mph speed zones coincides with the roadway location where eastbound stopping sight distance is less than adequate for 55 mph. Jones moved approval of Resolution No. 03-10 establishing a 40 miles per hour maximum speed limit on a portion of Douglas County Route 442 near Stull, and rescinding Douglas County Resolution No. 93-43. Motion was seconded by McElhaney and carried unani mously.</P> <P><STRONG>PURCHASING 03-24-03</STRONG><BR>The Board discussed copiers for Douglas County. Jackie Waggoner, Purchasing Agent, was present for the discussion. Waggoner explained that in 1998 the County purchased twenty-five (25) copiers. When the new Jail and Zoning opened in 1999, six (6) additional copiers were purchased. As a result of the recent renovation, an additional six (6) copiers were added on a month to month rental to address immediate needs. She further explained that the maintenance on the County's thirty-one (31) copiers has expired and continue on a month to month basis. Since we became centralized in 1990 the County has purchased and leased copiers. Both types of contracts have included a service agreement which furnishes all supplies except paper. Funds were allocated in 2003 to acquire new copiers for the six (6) copiers added during renovation, as well as copiers that have high volumes and are experiencing increased mechanical problems. Due to recent budget cuts for this expenditure, we have been explor ing options to address both equipment needs and the budget shortfall. Logan Business has provided a competitive solution to provide equipment and mainte nance of eleven (11) copiers at a cost per copy (CPC) rate of .02 and .024 for a 12-month lease/rental. Savin Corporation and Century United are the two suppliers authorized for sales and service of Savin equipment (our existing copiers). Century United provided the lowest CPC rate (.0096) and is willing to continue servicing our existing copiers. Our estimated annual cost for twelve months would be $38,081 ($24,119 + $13,962). This cost is based on current and estimated volumes. The Law Library and Community Corrections will be utilizing the 12-month rental agreement. Funding for these two copiers would be from another source and are not reflected in the estimated annual cost. Prior to the 12-month rental agreement ending, we intend to solicit proposals for a longer term solution. Jones made a motion to authorize a 12-month rental of eleven (11) copiers (including maintenance) with Logan Business, and maintenance of existing equipment with Century United at a CPC rate of .0096. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 03-24-03</STRONG><BR>Jones moved approval of accounts payable in the amounts of $1,022,764.91 to be paid 3/17/03 and $148,056.29 to be paid 3/24/03; accounts payable manual checks in the amount of $1,123.48; payroll in the amount of $557,617.59; and electronic funds transfers in the amounts of $40,269.71 for FICA and $32,636.25 for KPERS to be paid 3/21/03. McElhaney seconded and the motion carried unanimously.</P> <P>McElhaney moved for adjournment; Jones seconded and the motion carried unanimously.</P> <P>_______________ ____________________<BR>Bob Johnson, Chair Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_____________________ __________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>Chairman Johnson called the meeting to order at 6:35 P.M. on Wednesday, March 26, 2003. All members were present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 03-26-03</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <UL> <LI>Note receipt of fee reports for the month of February 2003.</LI></UL> <P>McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>MISCELLANEOUS 03-26-03</STRONG><BR>The Board considered a request from the City of Eudora to share in the cost of an improvement study for County Route 1061 from 14th &amp; Church Streets south to 28th Street. Ron Conner, Mayor of the City of Eudora, was present for the discussion. When the County Commission met jointly with the Eudora City Council earlier in the year, the pending impacts on County Road 1061 and the bridge crossing K-10 Highway by planned development south of K-10 was discussed. Conner noted that from 14th Street in Eudora south to 28th Street, the roadway — also referred to as Church Street — has experienced higher demand of vehicle use due to residential growth in the Meadowlark and Shadow Ridge subdivisions, use of the Eudora High School and traffic from south Douglas County using County Route 1061 to access K-10 Highway. An even greater use of the road is anticipated with planned residential subdivision expansion, the opening of a new high school and the transfer of local middle school activities to the vacated high school. Conner stated that the City of Eudora is authorizing an engineering study to review projected traffic and pedestrian pattens and for the development of conceptual designs and cost estimates for recommended future improvements of County Route 1061 from 14th &amp; Church south to 28th Street. The information will be critical for future planning of improvements that involve the roadway, K-10 Highway bridge and intersections to support increased traffic and safe pedestrian measures. The engineering study will cost a not-to-exceed amount of $6,500 and will be conducted by the City's engineering firm, BG Consultants, Inc., Lawrence, Kansas. Johnson made a motion that Douglas County participate in the study to the extent of fifty percent (50%), not to exceed $3,250, and that Keith Browning, Director of Public Works/County Engineer, be an active participant representing the County. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PUBLIC WORKS 03-26-03<BR></STRONG>The Board discussed the Five-Year Plan Project List for Federally Assisted Projects. Keith Browning, Director of Public Works/County Engineer, was present for the discussion. Browning noted that the Kansas Department of Transportation (KDOT) annually requests that counties update the projects included in the county portion of the Statewide Transportation Improvement Program (STIP) These are projects for which the county wishes to use federal funding assistance (typically 80% federal, 20% local) in an amount not to exceed the obligation authority for each county. The projects currently on Douglas County's list are as follows:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>(1)&nbsp;Route 442 from E 318 Road to Route 1029 — spot location grading for improved sight distance, addition of shoulders, flattening frontslopes, extending or replacing culverts, and construction of one bridge.<BR>(2)&nbsp;Route 1029 from Route 438 to Lecompton — Similar scopes to Project (1) without the bridge construction. Includes reconfiguration of Route 1029/Route 438 intersection to a curved alignment.<BR>(3)&nbsp;Route 438 from Route 1029 east 21/2 miles to K-10 intersection — total reconstruction of approximately two (2) miles and adding shoulders, flattening frontslopes, extending or replacing culverts in the remaining 1/2 mile. </P></BLOCKQUOTE> <P>Browning gave a brief overview of the projects' progress. Browning then ex plained that the first two projects in the 5-Year Plan are firm and cannot be revised. Since Project (3) is not scheduled for a bid letting in the next two years, it is possible to replace it with another project or insert another project as our #3 priority. Of course, the total amount of available obligation authority is firm. Inserting another project as the #3 priority will reduce even further the amount of federal funds available for the Route 438 project or will require further delaying in the project to allow a build-up of federal aid obligation authority.</P> <P>Browning noted a possible project that could be inserted as the #3 priority is the replacement of Bridge No. 09.24N-16.00E, located on Route 1055 approximately 3/4 mile south of Route 458 (just north of the Gun Club). This project was added to the five-year plan as Project (4) two years ago, but was dropped from the plan last year by KDOT due to anticipated costs for the Route 438 project. The deck of this bridge is in poor condition, and the bridge is posted for a 10-ton load limit. Route 1055 is a significant link between Baldwin City and Lawrence, and the presence of the load posted bridge affects the movement of goods and services between the two cities. </P> <P>Browning also noted another project that must be undertaken in the next few years is a full deck replacement for the Kansas River Bridge at Lecompton. This deck has been patched numerous times, and a recent inspection revealed further delaminated areas. The steel superstructure and concrete substructure are in good condition. The proposed project would be similar to the deck replacement project for the Kansas River Bridge at Eudora completed a few years ago. The project would entail removing the deck, installing welded stud anchors to the top flanges of the steel girders, removing existing lead-based paint, repainting the superstructure, and constructing a new, wider concrete deck. The big difference from the Eudora bridge project is that the Perry/Lecompton school district crosses this bridge daily and the project may require construction under traffic. This will increase both the construction time required and the cost of the project. In 2002 dollars, the estimated cost of the Lecompton bridge deck replacement project is $2,831,000, which includes a 10% contingency. This bridge is situated on the Jefferson County line, so an agreement with Jefferson County would be pursued to share local costs. A typical method of sharing costs is to apportion cost shares according to the assessed valuation of each county. Given current valuations, Douglas County would be responsible for 88.15% of the total local costs. </P> <P>Browning then recommended that the Board approve the current Five-Year Plan as is.</P> <P>Johnson asked for public comment. No comments were received. McElhaney made a motion to approve the Five-Year Plan Project Listing for Federally Assisted Projects with the substitution of Project (3) with the replacement of Bridge No. 09.24N-16.00E, located on Route 1055 approximately 3/4 mile south of Route 458 (just north of the Gun Club). Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 03-26-03</STRONG><BR>Jones moved approval of accounts payable manual checks in the amount of $110,682.52; Johnson seconded and the motion carried unanimously.</P> <P><STRONG>APPOINTMENTS 03-26-03</STRONG><BR>Johnson made a motion to appoint Donna Bell, 524 Brentwood Drive, Lawrence, KS, to the Lawrence-Douglas County Health Board. It should be noted that this appointment is a joint appointment with the City of Lawrence which term shall expire March 31, 2006. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PROCLAMATION 03-26-03</STRONG><BR>Johnson read a Proclamation expressing appreciation to all the volunteers in their efforts to assure that the Lawrence Interdenominational Nutrition Kitchen (L.I.N.K.) will continue to meet its mission. Jones made a motion to adopt the Proclamation as read; McElhaney seconded and the motion carried unanimously.</P> <P>&#160;Jones moved for adjournment; McElhaney seconded and the motion carried unanimously.</P> <P>_______________&nbsp;____________________<BR>Bob Johnson, Chair&nbsp;&nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_____________________&nbsp;__________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;Charles Jones, Member</P>

<P>Chairman Johnson called the meeting to order at 9:05 A.M. on Monday, March 31, 2003.&nbsp; All members were present. The Pledge of Allegiance was recited.</P> <P><STRONG>PROCLAMATION 03-31-03</STRONG><BR>Christine Kenney, District Attorney, read a Proclamation proclaiming the week of April 6-12, 2003, as "Crime Victims Rights Week".&nbsp; Johnson made a motion to adopt the proclamation as read, seconded by Jones and carried unanimously.</P> <P><STRONG>CONSENT AGENDA 03-31-03</STRONG><BR>Jones made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5125. Order is on file in the office of the County Clerk; and</LI> <LI>Authorize the purchase of one (1) Dodge Intrepid in the amount of $16,707.50 from Gary Hardy Dodge to replace a patrol vehicle that was damaged in a wreck.</LI></UL> <P>McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>EMERGENCY COMMUNICATIONS &amp; PURCHASING 03-31-03</STRONG><BR>The Board discussed a request to upgrade the Dictaphone recording equipment. Jim Denney, Director of Emergency Communications, and Jackie Waggoner, Purchasing Agent, were present for the discussion. In 1998 the County pur chased a 911 recording system from Dictaphone. This equipment is approxi mately 8-10 year old technology. While the equipment has become obsolete, Dictaphone has been able to continue to provide service and support. However, the annual maintenance contract has recently exceeded $10,000. Dictaphone provided projected maintenance costs for the next five years, however, they may not be able to continue service for this period of time. Dictaphone has also provided an upgrade option in the amount of $32,416, which includes 5 years maintenance. Johnson made a motion to accept the purchase option in the amount of $32,416 to upgrade the 911 recording system submitted by Dicta phone. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>AMBULANCE 03-31-03</STRONG><BR>The Board considered a request from the Lawrence-Douglas County Fire &amp; Medical Department to increase Emergency Medical and Ambulance fees.&nbsp; Mark Bradford, Deputy Chief, was present for the discussion. Bradford noted there were three (3) basic reasons for the fee increase. The first is to bring the fee structure up to the market service level. The second is to bring the Medicare charges up to what Medicare allows. Bradford explained that currently the department is charging less than what could be charged.&nbsp; The third reason is to look for ways to increase revenues due to the State budgetary cuts. After an in- depth discussion, Jones requested additional information, specifically, different scenarios for patients with health insurance, without health insurance, on Medi care, and on Medicaid for comparison purposes. Jones also suggested that once this information is available, the Board conduct a study session consisting of a representative from the City, a representative from Medicare (if possible), and Bradford. No action was taken.</P> <P><STRONG>ACCOUNTS PAYABLE 03-31-03</STRONG><BR>Jones moved approval of accounts payable in the amount of $123,567.87 to be paid 3/31/03.&nbsp; McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>MISCELLANEOUS 03-31-03</STRONG><BR>Craig Weinaug, County Administrator, noted there were no items currently scheduled for the Wednesday, April 2, 2003, Agenda. Johnson made a motion to cancel the meeting scheduled for Wednesday, April 2, 2003. Motion was sec onded by McElhaney and carried unanimously.</P> <P>Johnson moved for adjournment.&nbsp; Jones seconded and the motion carried.</P> <P>_____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P><BR>_____________________________&nbsp;_____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P>

<P>Chairman Johnson called the special meeting to order at 9:05 A.M. on Friday, April 4, 2003, with all members present. The purpose of the special meeting was to canvass the ballots of the City/School General Election which was held on Tuesday, April 1, 2003. The Pledge of Allegiance was recited.</P> <P>Patty Jaimes, County Clerk, reported there were 211 provisional ballots. Jaimes made the recommendation that the Board count 188 of the provisional ballots. These were cast by individuals that had either moved or went to the wrong precinct. Jaimes then recommended that the remaining 23 not be counted. These were ballots that either did not have signatures or were first time regis trants. </P> <P>The Board then discussed problems that occurred on election night. Jaimes explained that the software chip for the primary election was mistakenly installed. The error was discovered and the correct software chip was then installed. However, it was discovered that 7,002 ballots had been counted twice. This changed the unofficial results in the third seat of the Lawrence City Commission election. After discussion, Commissioner Johnson made a motion to direct the County Clerk to recount the ballots including the recommended 188 provisional ballots. Motion was seconded by McElhaney and carried unanimously.</P> <P>At 9:38 A.M., Jones made a motion that the Board recess until 4:30 P.M.; McElhaney seconded and the motion carried unanimously.</P> <P>The Board reconvened at 4:38 P.M. with all members present. </P> <P>No errors were found.</P> <P>Johnson moved for adjournment, McElhaney seconded and the motion carried unanimously.</P> <P>______________________________&nbsp;________________________________<BR>Bob Johnson, Chair&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P>______________________________&nbsp;________________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P>

<P>Chairman Johnson called the meeting to order at 9:04 A.M. on Monday, April 7, 2003.&nbsp; All members were present. The Pledge of Allegiance was recited.</P> <P>Jones made a motion to approve the minutes of October 23, November 25, December 11, December 23, 2002, January 6, January 8, and January 13, 2003.&nbsp; McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>PROCLAMATION 04-07-03</STRONG><BR>Kathy Colson read a Proclamation proclaiming the week of April 7-13, 2003 as "Public Health Week" in Douglas County. McElhaney made a motion to adopt the Proclamation as read, seconded by Jones and carried unanimously.</P> <P><STRONG>CONSENT AGENDA 04-07-03</STRONG><BR>Jones made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commission Order Nos. 5129 &amp; 5130. Orders are on file in the office of the County Clerk; and</LI> <LI>Approve the 2002 Township Annual Reports.</LI></UL> <P>Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PURCHASING 04-07-03</STRONG><BR>The Board discussed bids received for the purchase of one (1) wide format copier. Jackie Waggoner, Purchasing Agent, explained that this would replace an existing copier in the Public Works Department. This equipment will also address needs in the Appraiser's Office, Register of Deeds, Zoning and Public Works. Proposals were solicited for a large format copier/scanner/printer that will be networked. This digital system will allow us to reproduce, manipulate and archive engineering images (e.g. plans, drawings, photos), and the versatility to interface with existing plotters. Funding for this expenditure is available through Public Works Equipment Reserve and the Register of Deeds Technology Fund. Waggoner explained that a committee of five (5) evaluated the proposals and narrowed the selection to three (3) providers. After demonstrations of the equipment, the committee chose the KIP 200 Stacker proposed by Drexel Technologies.&nbsp; Jones made a motion to accept the negotiated proposal in the amount of $28,973 from Drexel Technologies and that the existing equipment be offered to non-profit agencies and if there is no interest, the equipment be sold at auction. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PUBLIC WORKS &amp; PURCHASING 04-07-03</STRONG><BR>The Board discussed bids received for the supply and application of dust palliative material. Keith Browning, Director of Public Works/County Engineer, was present for the discussion. Bids were solicited for both 38% Calcium Chloride solution and 32% Magnesium Chloride solution. Browning recommended that the low bid for magnesium chloride from Scotwood Industries be accepted. In addition to the dust palliative material, a water truck will need to be hired to pre- wet all locations. This cost is added to the cost of the dust palliative and is passed along to the users. McElhaney made a motion to accept the low bid for magnesium chloride from Scotwood Industries at a unit cost of $0.414 per gallon for the user fee dust palliative program. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>BUDGET 04-07-03</STRONG><BR>The Board conducted a preliminary discussion of the County Budget preparation for 2004. No action was taken.</P> <P><STRONG>ACCOUNTS PAYABLE 04-07-03</STRONG><BR>McElhaney moved approval of accounts payable in the amount of $172,459.56 to be paid 4/7/03; accounts payable manual checks in the amount of $766; payroll in the amount of $566,085.50; and electronic funds transfers in the amounts of $41,836.37 for FICA and $32,504.15 for KPERS to be paid 4/4/03. Motion was seconded by Jones and carried unanimously.</P> <P>Jones moved for adjournment; McElhaney seconded and the motion carried unanimously.</P> <P>____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P>

<P>Chairman Johnson called the meeting to order at 6:38 P.M. on Wednesday, April 9, 2003. All members were present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 04-09-03<BR></STRONG>There were no consent items.</P> <P><STRONG>ZONING 04-09-03</STRONG><BR>The Board considered approval of a request for a Temporary Business Use Permit from Coal Creek Farms, L.L.C. to host "Wild West Days" on April 26, 2003. The property is located at 1676 N 1000 Road, Lawrence, KS, and consists of 174 acres.&nbsp; Keith Dabney, Director of Zoning &amp; Codes, was present for the discussion. Dabney explained that "Wild West Days" will feature the Santa Fe Desperados (re-enactors) who will perform two Wild West shows. There will be horse/feed vendors, open trails for riding, hayrides, a bonfire lunch, horse rides for kids and cakewalks. The event is scheduled to occur from 10:00 A.M. until 5:00 P.M. Dabney noted that the applicant has provided proof of insurance and meets all requirements per notified departments. Dabney recommended ap proval of the permit. The Board discussed the impact a possible burn ban might have and directed staff to notify the applicants of this possibility. Johnson then noted that Douglas County should be identified as a holder on the Certificate of Insurance. McElhaney made a motion to approve the Temporary Business Use Permit for Coal Creek Farms, L.L.C., to host "Wild West Days" on April 26, 2003, with the condition that Douglas County be identified as a holder on the Certificate of Insurance. Motion was seconded by Jones, and carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 04-09-03</STRONG><BR>Jones moved approval of accounts payable manual checks in the amounts of $80.00 and $6,778.53; McElhaney seconded and the motion carried unani mously.</P> <P>McElhaney moved for adjournment; Jones seconded and the motion carried unanimously.</P> <P>______________________________&nbsp;________________________________<BR>Bob Johnson, Chair&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P>______________________________&nbsp;________________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P>

<P>Chairman Johnson called the meeting to order at 9:03 A.M on Monday, April 14, 2003.&nbsp; All members were present. The Pledge of Allegiance was recited.</P> <P><STRONG>MISCELLANEOUS 04-14-03</STRONG><BR>The Board discussed a Proclamation proclaiming the week of November 11-15, 2003 as National Hunger &amp; Homelessness Awareness Week. It was the consen sus of the Board to table approval until Wednesday, April 16, 2003.</P> <P><STRONG>CONSENT AGENDA 04-14-03</STRONG><BR>McElhaney made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5130 and 5131. Orders are on file in the office of the County Clerk; and</LI> <LI>Approve Home Rule Resolution No. HR-03-4-2 relating to the adminis trative approval and co-location of existing radio, television and tele communication towers in the unincorporated territory of Douglas County, Kansas.</LI></UL> <P>Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 04-14-03</STRONG><BR>Jones moved approval of accounts payable in the amount of $377,131.07 to be paid 4/14/03. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 04-14-03</STRONG><BR>At 9:40 A.M., Jones made a motion that the Board recess to go into Executive Session for 20 minutes with Craig Weinaug, County Administrator, to discuss possible acquisition of real estate. McElhaney seconded and the motion carried unanimously. The Board returned to regular session at 9:48 A.M. No action was taken.</P> <P>Johnson moved for adjournment.&nbsp; McElhaney seconded and the motion carried.</P> <P>____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P>

<P>Chairman Johnson called the meeting to order at 6:35 P.M. on Wednesday, April 16, 2003.&nbsp; All members were present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 04-16-03</STRONG><BR>McElhaney made a motion to table approval of the Proclamation Proclaiming the Week of November 11-15, 2003 as National Hunger &amp; Homeless Awareness Week. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PLANNING 04-16-03</STRONG><BR>The Board considered Item No. 10 of the minutes of the Lawrence-Douglas County Metropolitan Planning Department dated 3/26/03. This item is CUP-02- 01-03: Conditional Use Permit for a recreation facility to be known as Lone Oak Sporting Trap. The property is generally located at 1718 N 1700 Road. Submit ted by Gary L. Weigel, property owner of record. Sandra Day, staff member of the Lawrence-Douglas County Metropolitan Planning Department, was present for the discussion. This item comes to the Board with a unanimous recommen dation for approval based on the following Findings of Fact:</P> <P>Zoning and uses of property nearby. The surrounding area in all directions is zoned and used for agricultural purposes that include scattered rural residences. A quarry operation is located to the west.</P> <P>Character of the area. The subject property is located in far western Douglas County. Large tracts of agricultural land characterize the area with a few scat tered residences along county roads.</P> <P>Suitability of subject property for the uses to which it has been restricted.The suitability of the subject property for its current "A (agricultural District)" zoning will not be altered by the approval or denial of a CUP for the recreation facility. The activity area is limited to 4 acres of a total 308-acre parcel. Private recreational facilities are a permitted use in this district subject to the approval of a CUP.</P> <P>Extent to which removal of restrictions will detrimentally affect nearby property. The proposed request will not alter the base agricultural district. The proposed request is a permitted use per Section 19-4(11) subject to approval of a Conditional Use Permit. Addition of the use will increase the traffic and noise associated with the activity that is non-agricultural in nature.</P> <P>Length of time subject property has remained vacant as zoned. The subject property is currently used for agricultural activities and includes multiple buildings and two residences. It has been zoned for agricultural purposes since 1966.</P> <P>Relative gain to the public health, safety, and welfare by the destruction of the value of the petitioner's property as compared to the hardship imposed upon the individual landowners. No significant gains to the public health, safety and welfare would result from the approval of this proposed facility. Approval of the proposed use would provide additional recreational opportunities within Douglas County. The activity area is located in the center of the 300 plus acre area providing ample buffer within the applicant's property. If denied, the subject property can continue to be used for agricultural purposes. The surround ing area is relatively unpopulated and includes only sparse residential develop ment uses in the area. The activity should not have any significant impacts on surrounding residents or property owners.</P> <P>Conformance with The Comprehensive Plan. While Horizon 2020 d&#160;s not specifically address conditional use permits or private recreational facilities in Douglas County, staff finds that the application is not inconsistent with the goals and policies of the Comprehensive Plan.</P> <P>AND subject to the following conditions:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>1.&nbsp;Provision of a revised site plan to include the following notes:<BR>&nbsp;&nbsp;&nbsp;&nbsp;a.&nbsp;"Use of building for commercial activity must be approved by the County Zoning Administrator."<BR>&nbsp;&nbsp;&nbsp;&nbsp;b.&nbsp;"No retail sales shall be permitted on the premises."<BR>&nbsp;&nbsp;&nbsp;&nbsp;c.&nbsp;"Firearms shall be limited to shotguns."<BR>&nbsp;&nbsp;&nbsp;&nbsp;d.&nbsp;"The conditional use permit is valid for a period of up to 5 years from the date of approval by the Board of County Commissioners. Exten sion of the CUP for an additional period of time may be considered by the Board of County Commissioners."<BR>&nbsp;&nbsp;&nbsp;&nbsp;e.&nbsp;"Review of the use shall be required one year after initiation of opera tion to assess compliance with conditions of approval."</P></BLOCKQUOTE> <P dir=ltr>The Board asked that the record show that the CUP would be for five (5) years instead of the normal ten (10) years.&nbsp; Jones made a motion to approve CUP-02- 01-03.&nbsp; Johnson seconded and the motion carried unanimously.</P> <P><STRONG>PLANNING 04-16-03</STRONG><BR>The Board considered Item No. 2 of the Lawrence-Douglas County Metropolitan Planning Commission dated 3/26/03. This item is PF-02-01-03: Final Plat for Oak Grove Estates No. 2, a proposed seven-lot rural subdivision containing approxi mately 25.4162 acres.&nbsp; The property is generally located between Hwy 59 and E 1326 (extended), south of Berg Acres.&nbsp; Submitted by Dennis Boltz, R.L.S., for Carl McElwee, property owner of record.&nbsp; Brian Pedrotti, staff member of the Lawrence-Douglas County Metropolitan Planning Department, was present for the discussion. </P> <P>The subject property is generally located on the east side of US 59 Highway, south of N 1100 Road. The applicant proposes to replat 5 lots into 7 residential lots on 25.4 acres. The property is undeveloped, and is surrounded by agricul tural uses to the south and residences to the north. US Highway 59 right-of-way is directly to the west. </P> <P>In October of 2000, the property owner agreed with Douglas County Public Works to share the costs of upgrading E 1326 Road north to N 1100 Road upon construction of homes on 70% of the lots (i.e., homes on 6 lots constructed) on the original Final Plat of Oak Grove Estates. Wakarusa Township has requested that this road maintenance agreement be upheld as originally agreed based on the previously approved number of lots along E 1326 Road. The applicant must provide the road maintenance agreement as agreed to by Wakarusa Township. </P> <P>The Kansas Department of Transportation recently released the proposed alignment for US-59, which is anticipated to be constructed 300' east of the existing alignment. This new highway would cut diagonally from west to east on the south side of this proposed plat. Although KDOT has indicated that no significant portion, if any, of this property would be required and there would be no impingement on the use of the lot.</P> <P>This item comes to the Board with a unanimous recommendation of acceptance of easements and rights-of-way, subject to the following conditions:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>1.&nbsp;Provision of a note on the face of the plat stating, "No building permit may be issued for lots without an approved water meter from the Rural Water District;"<BR>2.&nbsp;Provision of the road maintenance agreement signed by the Wakarusa Township Board including installation of two (2) fire fill stations;<BR>3.&nbsp;Provide Note 13 from the Preliminary Plat;<BR>4.&nbsp;Provide a note reference the date and panel # of the FEMA floodplain map;<BR>5.&nbsp;Provide a copy of the covenants, restrictions, as referenced on Prelimi nary Plat;<BR>6.&nbsp;Remove the name "Rodney Brown" from Oak Grove Estates Lot 3; and<BR>7.&nbsp;Pinning of the lots in accordance with Sec. 21-302.2 of the Subdivision Regulations.</P></BLOCKQUOTE> <P>Alan Button, Wakarusa Township Board Member, noted that the Township would like clarification as to when and how much of the chip and seal of E 1326 Road would be completed by Mr. McElwee. It was stated in the original agreement with Wakarusa Township and Carl McElwee, that "after substantial construction has been completed (about 70%) I agree to share the cost of upgrading E 1326 Rd to chip and seal north of my property line to N 1100 Rd.&nbsp; I agree to pay 2/3 of the reasonable cost to upgrade this stretch of road to chip and seal and the Wakarusa Township Board will bear 1/3 of the cost." Mr. Button agreed that the 70% amount stated in the agreement would be of the original "9" lots the project started with. That would mean when "6" lots have "substantial construction" completed on them. Johnson made a motion to approve PF-02-01-03 for Oak Grove Estates.&nbsp; Jones seconded and the motion carried unanimously.</P> <P><STRONG>RURAL WATER DISTRICTS 04-16-03</STRONG><BR>The Board conducted a public hearing regarding the Petition for Attachment of Land to Rural Water District #4. John Nitcher, attorney, presented the Board with information regarding the Water District. He explained that there were 120 tracks of land that were not in the district, 108 of which have water meters.&nbsp; K.S.A. 19- 270, states "the board shall receive testimony from the city, township, county or regional planning commission having jurisdiction over any of the affected land area."&nbsp; Jones interpreted that to mean that the County shall receive testimony from the Lawrence-Douglas County Metropolitan Planning Commission. Linda Finger, Director of the Lawrence-Douglas County Metropolitan Planning Depart ment, was present and advised the Board that the Planning Commission would like to be given a chance to comment and would address it at their next meeting.&nbsp; No action was taken at this time.</P> <P>Jones left the meeting at 7:20 p.m.</P> <P><STRONG>RESOLUTIONS 04-16-03<BR></STRONG>The Board considered approval of a resolution authorizing the continued offering for sale of General Obligation Sales Refunding Bonds, Series 2003-A and General Obligation Refunding Bonds, Series 2003-B, of Douglas County, Kansas. Johnson made a motion to approve Resolution No. 03-11.&nbsp; McElhaney seconded and the motion carried.</P> <P><STRONG>ACCOUNTS PAYABLE 04-16-03</STRONG><BR>McElhaney moved approval of accounts payable manual checks in the amount of $7,309.76.&nbsp; Johnson seconded and the motion carried.</P> <P>Johnson moved for adjournment.&nbsp; McElhaney seconded and the motion carried.</P> <P>____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P>

<P>Chairman Johnson called the meeting to order at 6:37 P.M. on Wednesday, April 23, 2003.&nbsp; All members were present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 04-23-03</STRONG><BR>McElhaney moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5133. Order is on file in the office of the County Clerk;</LI> <LI>Note receipt of fee reports for the month of March 2003;</LI> <LI>Approve Proclamation proclaiming the week of November 11-15, 2003 as "National Hunger &amp; Homelessness Awareness Week"; and</LI> <LI>Approve Resolution No. 03-12 authorizing and approving the extension of maturity of $400,000 principal amount of temporary notes, Series 2002-1, of Douglas County, Kansas; and making certain covenants and agreements in connection therewith.</LI></UL> <P>Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>OUT-DISTRICT COLLEGE TUITION STATEMENTS 04-23-03</STRONG><BR>Johnson moved approval of the twenty-four (24) Out-District College Tuition Statements in the amount of $142,842. Motion was seconded by Jones and carried with Johnson and Jones voting yea and McElhaney voting nay. Johnson then requested that a random audit be conducted on the statements.</P> <P><STRONG>ACCOUNTS PAYABLE 04-23-03</STRONG><BR>Jones moved approval of accounts payable in the amount of $207,933.94 to be paid 3/21/03; accounts payable manual checks in the amount of $766.00; payroll in the amount of $575,683.12; and electronic funds transfers in the amounts of $41,416.93 for FICA and $32,272.50 for KPERS to be paid 4/18/03. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>APPOINTMENTS 04-23-03</STRONG><BR>McElhaney made a motion to appoint Max Sutton, Eudora, KS, to the Douglas County Senior Services Board of Directors, which term shall expire on 12/31/04. Motion was seconded by Jones and carried unanimously. It should be noted that Mr. Sutton is filling the unexpired term of Betty Ryan who recently resigned. </P> <P><STRONG>MISCELLANEOUS 04-23-03</STRONG><BR>At 7:00 P.M. Johnson made a motion that the Board recess to go into executive session for fifteen (15) minutes with Craig Weinaug, County Administrator, to discuss possible land acquisition. Motion was seconded by McElhaney and carried unanimously. The Board returned to regular session at 7:12 P.M. No action was taken.</P> <P>Johnson moved for adjournment.&nbsp; McElhaney seconded and the motion carried.</P> <P>____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P><BR>_____________________________&nbsp;_____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P>

<P>Chairman Johnson called the meeting to order at 9:03 A.M. on Monday, April 28, 2003.&nbsp; All members were present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 04-28-03</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5134 and 5135. Orders are on file in the office of the County Clerk; and</LI> <LI>Find and determine that the requested annexation of approximately two (2) acres of land located at 1588 N 1400 Road will not hinder or prevent the property growth and development of the area or that of any other incorporated city located within Douglas County, all as provided by K.S.A. 15-520c.</LI></UL> <P>Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>COMMUNITY CORRECTIONS &amp; GRANTS 04-28-03</STRONG><BR>Ron Stegall, Director of Community Corrections, presented the FY2004 Commu nity Corrections Plan. Jones made a motion to approve the Community Correc tions Act Agencies Application for FY2004 Grant funds; McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>YOUTH SERVICES &amp; GRANTS 04-28-03</STRONG><BR>Pam Weigand, Director of Youth Services, presented the 7th Judicial District Juvenile Justice Authority Funding Application for FY2004. Jones moved ap proval of the grant funding application for the 7th Judicial District Juvenile Justice Authority Funding for FY2004; McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>BUDGET, MISCELLANEOUS &amp; PUBLIC WORKS 04-28-03<BR></STRONG>The Board discussed additional projects for the Capital Improvement Program. Keith Browning, Director of Public Works/County Engineer, and Pam Madl, Director of Administrative Services, were present for the discussion. Browning presented a list of additional projects to be included in the CIP in order that progress can be initiated in the near future. It was the consensus of the Board to add the following projects to the CIP:</P> <UL> <LI>Route 1055 Bridge at Gun Club (9.24N-16.00E)</LI> <LI>Route 1029 Bridge over Kansas R. (Redeck)</LI> <LI>Route 1057 resurf., 442 to K10</LI> <LI>Route 442 mill, O'L, paved shoulders from 1029 to Hwy 40</LI> <LI>Route 438 (Kasold) bridge over KTA</LI> <LI>Route 442 bridge @ Captain Creek.</LI></UL> <P><STRONG>ACCOUNTS PAYABLE 04-28-03</STRONG><BR>Jones moved approval of accounts payable in the amount of $153,295.19 to be paid 4/28/03. Motion was seconded by McElhaney and carried unanimously.</P> <P>Johnson moved for adjournment.&nbsp; McElhaney seconded and the motion carried.</P> <P>____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P>

<P>Johnson called meeting to order at 6:37 P.M. on Wednesday, April 30, 2003. All members were present. The Pledge of Allegiance was recited.</P> <P><STRONG>PROCLAMATION 04-30-03</STRONG><BR>Johnson read a proclamation proclaiming the month of May as "Mental Health Month." Johnson then made a motion to adopt the proclamation as read, sec onded by Jones and carried unanimously.</P> <P><STRONG>CONSENT AGENDA 04-30-03</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5136. Order is on file in the office of the County Clerk; </LI> <LI>Resolution No. 03-13 authorizing and providing for the sale, issuance and delivery of $8,175,000 principal amount of General Obligation Sales Tax Refunding Bonds, Series 2003-A, of the Douglas County, Kansas, for the purpose of providing funds to refund a portion of the issuer's outstanding General Obligation Sales Bonds and Notes; providing for the levy and collection of an annual tax for the purpose of paying the principal of and interest on said bonds as they become due; making certain covenants and agreements to provide for the payment and security thereof and authorizing certain other documents and actions connected therewith; and</LI> <LI>Resolution No. 03-14 authorizing and providing for the sale, issuance and delivery of $1,325,000 principal amount of General Obligation Refunding Bonds, Series 2003-B, of the Douglas County, Kansas, for the purpose of providing funds to refund a portion of the issuer's outstanding General Obligation Bonds; providing for the levy and collection of an annual tax for the purpose of paying the principal of and interest on said bonds as they become due; making certain covenants and agreements to provide for the payment and security thereof and authorizing certain other documents and actions con nected therewith.</LI></UL> <P>Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PLANNING 04-30-03</STRONG><BR>The Board considered SP-03-20-03: Site Plan Review for Steve's Place Recep tion and Meeting Hall (Great Plains Printing), a site plan for the conversion of an existing structure (formerly a printing facility) for a reception hall generally located on the southwest corner of 31st and Louisiana Streets specifically located at 111 E 1400 Road. Submitted by BG Consultants for Steven and Helen Meseraull, property owners of record. Sandra Day, staff member of the Lawrence-Douglas County Metropolitan Planning Department, recommended denial of the Site Plan and provided the following Staff Review:</P> <P>The subject property is located on the southwest corner of Louisiana and 31stStreet. The property is developed as a printing facility known as Meseraull Printing (now doing business as Great Plains Printing). A site plan was approved in September 2000 for a 4,320 SF building addition. It is the recent building addition that would be used for the meeting/reception hall. As part of the previ ous approval, an agreement to annex was executed that indicated annexation would occur upon water utility service being available. There are two significant issues associated with this proposed application; access to 31st Street and minimum potable water requirements to address the intensification of use. If approved the maximum occupancy of the reception hall could exceed 400 people according to both City and County building code requirements. This is a significant intensification of activity for the site.</P> <P>Section 19A-5 of the County Zoning Resolution establishes the minimum requirements or conditions of approval to consider site plans in the county. The Resolution states:</P> <P>"Before making a report to the Board of County Commissioners, the planning staff shall first find that the following conditions have been met;</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>1. That the proposed use is a permitted use in the district in which the property is located;<BR>2. That the proposed arrangement of buildings, off-street parking, access, lighting, landscaping, and drainage is compatible with adjacent land uses;<BR>3. That the vehicular ingress and egress to and from the site and circulation within the site provides for safe, efficient, and convenient movement of traffic not only within the site but on adjacent roadways as well;<BR>4. That the site plan provides for the safe movement of pedestrians within the site;<BR>5. That there is a sufficient mixture of grass, trees, and shrubs within the interior and perimeter (including public right-of-way) of the site so that the proposed development will be in harmony with adjacent land uses and will provide a pleasing appearance to the public. Any part of the site plan area not used for building, structures, parking or access ways shall be land scaped with a mixture of grass, trees, and shrubs; and<BR>6. That all outdoor trash areas are screened."</P></BLOCKQUOTE> <P>This report provides a response to the above criterion as well as an overview comparison of the applicable county and city development requirements. Typi cally this section is not discussed in detail except in unique circumstances or to demonstrate non-compliance or inconsistency with this section. Section 20-1428 of the City Zoning Code provides comparable language but includes more detailed development standards.</P> <P><STRONG>Zoning and Existing Development</STRONG><BR>The subject property is zoned B-2 (General Business District) which permits a variety of commercial uses. Existing development includes the recent building addition in 2000, which is currently vacant as well as a printing business and a detached single-family residence. The area includes a parking lot and loading dock as well as a driveway around the buildings. The northern portion of the field area has included in the past a fireworks sales area during the summer. The following table provides a comparison of zoning requirements for the combina tion of existing land uses by City and County zoning regulations as well as minimum parking standards. The proposed site plan has been revised to include a parking schedule and impervious site summary for reference.</P> <P>The site is accessed by an existing driveway to E 1400 Road (Louisiana ex tended south). Access to this site has been affected by access controls estab lished by KDOT for the South Lawrence Trafficway. Access to 31st Street is prohibited except for the far west 111' along the state owned right-of-way. Ultimately Louisiana will be offset to the west and access to the subject property will require a new orientation.</P> <P> <TABLE borderColor=black cellSpacing=0 cellPadding=0 border=1> <TBODY> <TR> <TD style="WIDTH: 355px; HEIGHT: 20px" colSpan=2> <P align=center><STRONG>County Requirements</STRONG></P></TD> <TD colSpan=2> <P align=center><STRONG>City Requirements</STRONG></P></TD></TR> <TR> <TD style="WIDTH: 231px; HEIGHT: 20px">Use</TD> <TD style="WIDTH: 156px; HEIGHT: 20px">Zoning District</TD> <TD style="WIDTH: 85px; HEIGHT: 20px">Use</TD> <TD style="WIDTH: 300px; HEIGHT: 20px">Zoning District</TD></TR> <TR> <TD style="WIDTH: 231px" rowSpan=2>Residential/Printing/<BR>Reception Hall Use</TD> <TD style="WIDTH: 156px" rowSpan=2>B-2 (General<BR>Business District)</TD> <TD style="WIDTH: 85px" rowSpan=2> <P>Printing operation</P> <P>Reception Hall</P></TD> <TD>C-3 (Central Commercial District)<BR>or C-4 (General Commercial District)</TD></TR> <TR> <TD style="WIDTH: 231px; HEIGHT: 20px">C-2 (Neighborhood Shopping District), C-3, C-4 or C-5 (Limited<BR>Commercial District)</TD></TR> <TR> <TD style="WIDTH: 231px; HEIGHT: 20px">Parking Requirement</TD> <TD style="WIDTH: 300px; HEIGHT: 20px">1 space per 100 SF</TD> <TD style="WIDTH: 300px; HEIGHT: 20px">Parking Requirements</TD> <TD style="WIDTH: 300px; HEIGHT: 20px">1/100 or 1/3 occupancy whichever<BR>is larger</TD></TR></TBODY></TABLE></P> <P>The minimum zoning and parking standards are similar between the County and City zoning requirements. Upon annexation the existing land uses would not all be considered appropriate for the same zoning district. Single-family uses are not recommended in commercial districts. Additionally, the printing operation would require a more intensive city zoning designation than the reception hall use upon annexation.</P> <P>The proposed use will not alter the current building arrangement, but will affect the current land use and parking configuration and especially the intensity of land use (emphasis added). For the majority of the time the reception hall use will not overlap with the printing operation. The allowable intensity based on building codes could result in large events that exceed 400 people (by City or County code).</P> <P>Sufficient parking in terms of amount can be provided on site. At the maximum allowable occupancy, additional parking would be required. This would require expansion of the parking lot area to a minimum standard. Parking lot design and signage are required to separate traffic from the printing/loading areas of the existing development. This issue of vehicular separation and on site signage must be addressed regardless of annexation of the property The internal circula tion pattern must be clearly defined. The site plan has been revised to show sign locations to accommodate this requirement. This issue is a prevailing concern since all access must come through the site from the east.</P> <P><STRONG>Access<BR></STRONG>Two access issues must be further clarified, the internal access pattern as previously discussed and the direct access to the adjacent street network. Currently, access is still taken from Louisiana Street via a gravel driveway. This driveway access is intended to remain until such time as adjacent street im provements are made. The Louisiana access driveway will then be removed and a new access point to 31st Street will be provided. As the access is reoriented to the west the reception hall traffic should not impact the printing activities. Long term, the applicant may wish to provide separate drives around the site and use specific signage to denote printing operation traffic/access routes from the other uses on site.</P> <P>31st Street access: Much of the surrounding area of the subject property is right- of-way purchased by the Kansas Department of Transportation for the eastern leg of the South Lawrence Trafficway. Agreements between the property owner and KDOT were made stating access to the site would be from the SLT/31st Street and that the connection to Louisiana would be removed. The site plan shows graphically that portion of the periphery of the lot that is encumbered by access control restrictions. </P> <P>Although a location for the eastern leg of the SLT alignment is uncertain at this time, the need for significant street improvements to 31st Street have been studied and are readily apparent. 31st Street is designated as a principal arterial street in the recently adopted Major Thoroughfares Map. Improvements to 31stStreet are needed before the redevelopment of this site to support a more intensive use. Staff d&#160;s not recommend the intensification of land use prior to the provision of adequate public facility improvements to the surrounding street network to accommodate anticipated traffic generated by the proposed use.</P> <P>Access for this property to 31st Street was established by KDOT along the west property line and would result in a direct access point to an arterial street. Direct curb cuts to arterial streets are not recommended as a best planning practice. The site plan was revised following a meeting with the applicant and staff to discuss access options. The revised site plan now includes a proposed access easement along the far west property line. The dedication of the easement will be recorded by separate instrument if approved and will provide the basis for a shared access to 31st Street with the adjacent property to the west. The access easement is structured to provide a collector street type access option with the dedication of comparable easement or right-of-way upon development of the adjacent property. Any access to 31st Street should comply with minimum access management policies effective at the time and should also include a setback from the "intersection" of 350' if ultimately dedicated as a public street. The site plan anticipates that the parking lot will be reconfigured to utilize the access easement, but d&#160;s not include the exact point of intersection.</P> <P>Louisiana Street Access: The possible/proposed realignment of Louisiana and 31st Street will result in the removal of the current driveway access to Louisiana. Staff d&#160;s not endorse direct access of individual properties to an arterial street (31st Street). The 2000 staff report suggested that ultimately a public street should be constructed along the west property line that would serve the subject property and the adjacent property to the west. The offset of Louisiana would be further to the west of the subject property, requiring additional east/west cross access easements. This issue will be further considered with the submission of a subdivision plat for this property and the surrounding area. Access to Louisiana may remain until such time as the SLT project progresses. The site plan has been revised to show a conceptual access to 31st Street including a public access easement to be dedicated. This easement is expected to serve the subject property and the adjacent property when it is developed.</P> <P>The City Limits are located northeast of this site and development pressures are being experienced along 31st Street between Louisiana (E 1400) and Iowa. The subject property is located within the urban growth boundary of the City of Lawrence. The home improvement development application containing Home Depot was approved and is nearing completion west of this site and on the north side of 31st Street. With the development pressures along 31st Street and, the proximity of this site to the City Limit boundaries, this property should be an nexed into the City of Lawrence. Staff recommends that any new development or intensification of the site should be constructed to minimum City standards.</P> <P>Parking lot design and landscape requirements: The County zoning regulations require a minimum parking ratio of 1 off-street parking space per 100 SF as noted in the summary of the staff report, adequate parking is provided on site for all uses and could reasonably be expanded to accommodate an event in excess of 400 patrons. The site plan has been revised to incorporate additional notes to clarify parking drives throughout the site and to separate the loading dock access from the general internal circulation of the site. This will improve the safety and convenience of parking on site. It d&#160;s not appear that the loading area is intensively or frequently used but is not currently well signed to prohibit unautho rized access.</P> <P>A service access to the proposed reception hall is shown on the site plan. The plan notes that parking stalls will be denoted by both paint and bumper blocks. Staff discussed the minimum city requirements with the applicant at some point in the future with regard to pavement, curbs and gutters, and landscape islands. The proposed parking lot design is intended to accommodate these future improvements. Staff recommends that prior to approval the site be annexed, rezoned and platted into the City of Lawrence and that the site is improved to minimum city standards.</P> <P>Section 19A-4 of the County Zoning Resolution requires that a landscape schedule be shown and Section 19A-5 (5) requires that there be provided on site a "sufficient mixture of grass, trees and shrubs within the interior and perimeter of the site so that the proposed development will be in harmony with adjacent land uses and will provide a pleasing appearance to the public." City Zoning requires that in addition to the documentation requirements and the required ground cover of any unimproved portion of property that a site plan comply with specific landscape standards. These include interior landscape islands, shade trees, street trees, etc. Currently the surrounding character of the adjacent properties is agricultural and thus landscaping is not a significant issue at this time. Ultimately shade trees, interior and peripheral landscaping will be required within the parking lot and throughout the site to screen the use and the parking lot from public streets and future development.</P> <P>Pedestrian access: The site is not designed with a significant pedestrian ele ment. Ultimately the 31st Street improvement project will include public sidewalks on both sides. The site is not immediately adjacent to any other existing develop ment. The plan d&#160;s not contemplate any outdoor patio areas that necessitate pedestrian access. There is no integration of the site with the adjacent roadway network that includes a pedestrian element.</P> <P><STRONG>Public Utilities</STRONG><BR>Sanitary Sewer: The site is currently developed and served by City sewer. According to the City's development policy, any property utilizing City services should be annexed into the City limits. An annexation agreement was executed with the approval of the building addition in 2000 that established the timing of annexation upon the availability of municipal water. </P> <P>Existing Water Source: The property currently utilizes well water as the non- potable water sources for all buildings on the site. State law states that compli ance with state and local drinking water standards must be met when 25 or more customers/employees/residents are provided service for 60 or more days a year. Staff recommends that the use be annexed into the city and that a public supply of water be provided to this site. In staff's opinion, the proposed intensification of use will result in excess of this requirement.</P> <P>Municipal Water: The Municipal Utilities Department has stated that the exten sion of water to this site would be difficult at this time because of the distance, lack of planning for the infrastructure extension, and that it would result in a dead-end line that poses water quality deterioration. According to the City's development policy, the developer would need to pay for the extension of the water lines. A line would need to be extended south along Louisiana and then extended to the west to provide a looped system. This improvement is not immediately planned.</P> <P>Chapter Four of Horizon 2020 is entitled Growth Management. The opening paragraphs state "The growth management policies seek to ensure that ade quate facilities and services are provided, or are assured, in connection with development. The policies also continue to require new development to bear its share of the costs for the extension and improvement of required facilities and services; and, to assure that the residents of Lawrence and unincorporated Douglas County are not unreasonably burdened by these costs." The developer should therefore pay for the extension of the water and develop the site to City standards. The proposed intensification of the site d&#160;s not comply with the growth management policies of Horizon 2020.</P> <P>The site plan includes a note that states potable water is supplied via bottled water for all uses on the site. Both the local and state health departments have commented on this concern. Staff d&#160;s not recommend this type of water source as a feasible or prudent alternative.</P> <P><STRONG>Annexation Requirements</STRONG><BR>In Chapter Four under the heading City of Lawrence Urban Growth Area, it is stated that land within the City of Lawrence Urban Growth Area (UGA) is encour aged to be annexed and developed in the City of Lawrence over the planning period, subject to the goals and policies for Growth Management. This property is located within the UGA and should be annexed prior to additional develop ment/intensification of land use. Horizon 2020 also states that non-contiguous parcels of land may be developed subject to the policies of the Comprehensive Plan and upon agreement by the property owner to annexation at the time the land becomes contiguous to the City. As a condition of approval, an agreement not to protest annexation was executed for the subject property per the approval of SP-06-44-00. It was noted in the 2000 staff report that the proposed use did not comply with the recommendations in Horizon 2020 regarding growth man agement and specifically stated:</P> <P>Policy 1.2.3 (d) Nonresidential Land Uses in Chapter Four states that developments within the Urban Growth Area need to be platted. This is consistent with development requirements within the City Limits.</P> <P>The Site Plan, as proposed, is not in conformance with the Goals and Policies established in Chapter Four -- Growth Management.</P> <P>In Chapter Seven -- Industrial and Employment-Related Land Use, under the heading Unincorporated Douglas County, the Comprehensive Plan states "With the exception of the industrial area adjacent to North Law rence, all other industrial areas are within the City of Lawrence urban growth area illustrated in Figure 9 and should be annexed into the City in the future." This statement, in conjunction with the previous Horizon 2020 references, supports Staff's position that this site should be annexed into the City of Lawrence prior to any additional development or redevelop ment.</P> <P>The Goals and Policies in Chapter Seven relate to development standards for industrial sites and are achieved generally when sites are developed to City standards.</P> <P>Summary and Conclusion<BR>The applicant has revised the site plan to provide additional detail regarding access and to clarify several elements regarding the existing and anticipated land use and site improvements. However, the critical issue is not site layout but one of timing of the use and balancing the intensity of the use with the ability to provide the minimum public infrastructure and service. The proposed use is premature as the allowable intensity exceeds the ability to provide adequate public facilities. </P> <P>Steve Meseraull, property owner, made a brief presentation regarding his request.</P> <P>After discussion, Johnson made a motion to approve SP-03-20-03 subject to the following condition:</P> <P>Inspection and compliance with County building codes.</P> <P>Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>EXTENSION OFFICE 04-30-03</STRONG><BR>Trudy Rice, Director of the Extension Office, and Bill Wood, Agriculture Agent, presented a report on Rural Urban Issues. No action was taken.</P> <P><STRONG>MISCELLANEOUS 04-30-03<BR></STRONG>The Board discussed possible County funding for school nursing services. Jones made a brief presentation reflecting the current fiscal situations and recom mended that the Commission consider establishing a study group consisting of representatives from the schools in Douglas County; Kay Kent, Director of the Lawrence-Douglas County Health Department; a member of the Health Board, and Craig Weinaug, County Administrator, to consider the following mecha nisms:</P> <UL> <LI>simple pass-through (per student basis)</LI> <LI>all nursing through the Health Department</LI> <LI>"Public health" nursing through the Health Department</LI></UL> <P>and to make a recommendation to the County Commission in a 6 month time frame. The Board then accepted public comment. Several members of the public submitted input. The Board then closed public comment. McElhaney stated that he would like to take some time to study the information presented. Johnson stated that he didn't have a problem with the study. It was the consensus of the Board to table further discussion until a later date. No action was taken.</P> <P><STRONG>AGREEMENTS &amp; BYPASS 04-30-03<BR></STRONG>Johnson presented a Memorandum of Agreement among the U.S. Army Corps of Engineers, Kansas City District; Kansas State Historic Preservation Officer; Kansas Department of Transportation; Baker University; Douglas County, Kansas; and Advisory Council on Historic Preservation regarding the Kansas Highway 10 Bypass (South Lawrence Trafficway) in Douglas County, Kansas. Johnson noted changes made in comparison with the Draft Memorandum of Agreement. McElhaney made a motion to authorize the Chair to execute the Memorandum of Agreement; Johnson seconded and the motion carried with Jones opposed. </P> <P>Johnson moved for adjournment. McElhaney seconded and the motion carried.</P> <P>____________________________ _____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member</P>

<P>Johnson called meeting to order at 6:37 P.M. on Wednesday, May 14, 2003.&nbsp; All members were present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 05-14-03</STRONG><BR>There were no consent items.</P> <P><STRONG>EMERGENCY MANAGEMENT 05-14-03</STRONG><BR>Paula Phillips, Director of Emergency Management, updated the Board on demolition and clean-up activities from the May 8, 2003 tornado. McElhaney requested an update on the number of homes damaged. The Board commended Phillips, staff and volunteers for their service.</P> <P><STRONG>PLANNING 05-14-03</STRONG><BR>The Board considered Item No. 6 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated April 23, 2003. This item is CUP-03-02-03: Conditional Use Permit request for topsoil removal. The property is generally located at the east end of N 1600 Road. Submitted by Landplan Engineering, P.A. for Pine Family Investments, LC, property owners of record. Sandra Day, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. This item comes to the Board with a recommendation for approval valid for a period of five (5) years from the date of approval by the Board of County Commissioners. Extension of the CUP for an additional period of time to be considered by the Board of County Commission ers, based upon the following Findings of Fact:</P> <P>Zoning and uses of property nearby. The surrounding property, in all direc tions, is used primarily for agricultural purposes. Scattered rural residential uses are located along County roads east and southwest.</P> <P>Character of the area. As noted above, the subject property is zoned for agricultural use. The suitability of the subject property for its current use will be altered by the approval of a CUP. However, without property conservation practices, removal of topsoil could impact the ability of the property to be used for future agricultural activities. The "undeveloped" nature of the surrounding area contributes to the suitability of the agricultural character of the area.</P> <P>Extent to which removal of restrictions will detrimentally affect nearby property. Detrimental impacts can result from excessive removal or exposure of soil without necessary erosion control practices. The applicant has voluntarily developed a topsoil removal plan with the Department of Natural Resources to minimize any negative impacts.</P> <P>Length of time subject property has remained vacant as zoned. The subject property is currently unimproved and is used for agricultural purposes. The property has been zoned for agricultural purposes since the adoption of the County Zoning Regulations in 1966.</P> <P>Relative gain to the public health, safety and welfare by the destruction of the value of the petitioner's property as compared to the hardship imposed upon the individual landowners. The subject property is located in a relatively undeveloped area. Access to the property is provided from the south via N 1600 Road. Denial of the proposed use will not prohibit the property owner from use of the land for various allowed uses under the current A (Agricultural District) zoning restrictions. No significant gains are anticipated for the public health, safety or welfare that would result from the denial of the CUP for topsoil removal.</P> <P>Conformance with the Comprehensive Plan. Horizon 2020 d&#160;s not directly address the issue of special or conditional uses. The plan provides basic guidance regarding major infrastructure improvements and major land use categories. The subject property is located within the long-term urban growth area. Future urban development would depend on the availability of major urban infrastructure.</P> <P>Johnson made a motion to approve CUP-03-02-03 for a period of five (5) years with the extension of the CUP for an additional period of time to be considered by the Board of County Commissioners, based upon the above Findings of Fact. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PLANNING 05-14-03</STRONG><BR>The Board discussed item No. 4 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated February 26, 2003. This item is CUP- 12-16-02: Conditional Use Permit request for Eudora Quarry #68. The property is generally described as being located at the northwest corner of N 1200 Road and E 2400 Road. Requested by N.R. Hamm Quarry, Inc. for Katherine L. Neis, property owner of record. Patty Jaimes, County Clerk, advised the Board that a protest petition had been filed but its validity was under question due to some legal issues that need to be addressed. Brian Pedrotti, staff member of the Lawrence-Douglas County Metropolitan Planning Department, was present for the discussion. The Board asked that Pedrotti organize a meeting consisting of Patty Jaimes, County Clerk; Evan Ice, County Counselor; Dan Watkins, attorney for the applicant; and Adra Burks, attorney for Arthur Neis, to determine the validity of the petition. Jones made a motion to open the public hearing asking that Pedrotti present the item, then continue the hearing until Wednesday, May 21, 2003, noting that the Board will accept written communication until that time. Motion was seconded by McElhaney and carried unanimously. Pedrotti then presented the item. After Pedrotti's presentation, Jones moved for continuance of the public hearing to be held on Wednesday, May 21, 2003. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>TOWNSHIPS &amp; APPOINTMENTS 05-14-03</STRONG><BR>McElhaney noted the resignation of Allen Button, Treasurer of Wakarusa Township. No action was taken at this time.</P> <P>Jones moved for adjournment.&nbsp; McElhaney seconded and the motion carried.</P> <P>____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P>

<P>Johnson called meeting to order at 9:01 A.M. on Monday, May 19, 2003.&nbsp; All members were present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 05-12-03</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5139. Order is on file in the office of the County Clerk.</LI></UL> <P>Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PLANNING 05-19-03</STRONG><BR>The Board considered SP-04-23-03: Spec Warehouse -- First Management, a site plan for the development of an 80' X 120' industrial warehouse building with an outdoor storage area, located at Maple Grove North No. 3, Lot 3, at the end of an industrial cul-de-sac accessed from Highway 24./59. Submitted by Paul Werner Architects, agent for First Management, property owner of record. Paul Patterson, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. </P> <P><STRONG>Staff Review<BR></STRONG>The applicant proposes to develop a speculative 80' X 120' warehouse building in an I-2 (Light Industrial) zoning district. The existing 4.448 acre property is vacant and is described as Maple Grove North, Lot 3, a county plat located between two pieces of incorporated (City of Lawrence) land.</P> <P>Access to the lot is from the end of an existing cul-de-sac located on the east side of Highway 24/59, approximately 600' north of Highway 24/40 (just north of the Maple Grove Cemetery).</P> <P><STRONG>Future Use<BR></STRONG>This is a speculative industrial warehouse building with a ground floor area of 9,600 square feet and a 2nd floor mezzanine of 2,000 square feet. The site plan also shows an outside storage area (approximately 100' X 248') developed with a proposed ground cover of 4" gravel and secured with a 6' chain link fence.</P> <P>The site plan states the use of the property to be a contractor's shop and storage yard. If other I-2 (Light Industrial) permitted uses are proposed, parking may need to be further evaluated.</P> <P><STRONG>&#160;Floodplain</STRONG><BR>Portions of Lots 2-5 of the Final Plat of North Maple No. 3 are located within the 100 year floodplain as shown on the adopted Federal Emergency Management Administration's floodplain map that became effective on November 7, 2001. Lot 3 is entirely within the Flood Zone AE, base flood elevations determined, special flood hazard areas inundated by 100 year flood. The applicant will need to obtain a floodplain development permit from the Douglas County Zoning &amp; Codes Division, prior to any alteration, encroachment or substantial improvement to the existing property per Douglas County Code Article 28.</P> <P>The site plan map notes the 100 year floodplain base elevation, as set on the FEMA map, is 823.9 feet for this area. The county regulations require develop ment to be elevated a minimum of one foot above the base flood elevation. The site plan indicates a recommended elevation that is two feet above the base flood (site plan notes the minimum floor elevation of 824.9 feet, and the sug gested floor elevation of 825.9 feet).</P> <P><STRONG>Septic System</STRONG><BR>The applicant has indicated the owner will provide a septic system with the proposed site plan. A septic system construction permit must be approved by the Douglas County Health Department prior to release of the site plan for building permits, and the location of the approved septic field must be shown on the site plan. No portion of the septic field should overlap a driveway, paving surface, or utility easement.</P> <P><STRONG>Access</STRONG><BR>This property is accessed at the end of a privately built and privately maintained cul-de-sac, which is located within a 70' wide access/utility easement as ap proved on the Final Plat of Maple Grove North No. 3. A note regarding the construction and maintenance of the shared drive as required on the final plat is provided on the face of the site plan.</P> <P><STRONG>Building Setback</STRONG><BR>In an I-2 (Light Industrial) zoning district, the required setbacks are 25' front yard, 10' side yard, and 20' rear yard. The proposed building meets the minimum building setbacks for this property.</P> <P dir=ltr><STRONG>Air Space Control Area District</STRONG><BR>The property is located in close proximity to the Lawrence Municipal Airport and is within the air space control area district. Per Section 20-1106 of the Lawrence Zoning Ordinance, no use shall be made of land within any Air Space Control Area District which:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>(a)&nbsp;Creates electrical interference with radio communications between the airport and aircraft including radio and television transmitting towers or studios, and large radiation or x-ray equipment.<BR>(b)&nbsp;Includes above ground storage of petroleum or any other explosive material.<BR>(c)&nbsp;Emits smoke or odor.<BR>(d)&nbsp;Contains lights or signal which may be confused with airport naviga tional lights.<BR>(e)&nbsp;Results in glare to pilots approaching, leaving or circling the airport or which impairs visibility in the district.<BR>(f)&nbsp;Provides private airfields or runways for the use of aircraft other than those used in the principal airport in the district.<BR>(g)&nbsp;Otherwise endangers the landing, taking-off, or maneuvering of air craft.</P></BLOCKQUOTE> <P>Section 20-1110 Conflicting Regulations, of the Lawrence Zoning Ordinance, states:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>In the event of conflict between the Air Space Control Area District regula tions and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees, use of land, or any other matter, and whether such other regulations were adopted by the City of Lawrence or any other unit of local government, the more stringent limitation or requirements as to airport hazards shall govern and prevail.</P></BLOCKQUOTE> <P>A condition should be required that the use of the property shall not interfere with the operation of the Lawrence Municipal Airport per Section 20-1106 of the Lawrence Zoning Ordinance.</P> <P>All exterior lighting will need to be shielded down so as not to result in glare to pilots using the nearby airport.</P> <P><STRONG>Staff Recommendation</STRONG><BR>Staff recommends approval of the proposed site plan subject to the following conditions:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>1.&nbsp;Approval of a septic system construction permit prior to release of the site plan for building permits. Any approved septic fields shall be shown on the site plan and may not encroach on driveway, parking, storage areas, or utility easements.<BR>2.&nbsp;Provide a note on the face of the site plan that indicates:<BR>&nbsp;&nbsp;&nbsp;&nbsp;a)&nbsp;The use of the property shall not interfere with the operation of the Lawrence Municipal Airport per Section 20-1106 of the Lawrence Zoning Ordinance.<BR>&nbsp;&nbsp;&nbsp;&nbsp;b)&nbsp;All exterior lighting will need to be shielded down so as not to result in glare to pilots using the nearby airport.<BR>3.&nbsp;The applicant will need to obtain a floodplain development permit from the Douglas County Zoning &amp; Codes Division, prior to any alteration, encroachment or substantial improvement to the existing property per Douglas County Code Article 28.</P></BLOCKQUOTE> <P>Jones noted concerns regarding septic systems in the floodplain. McElhaney stated that the site plan follows the Guidelines. </P> <P>McElhaney made a motion to approve SP-04-23-03 subject to the above condi tions. Motion was seconded by Johnson and carried with Jones voting nay.</P> <P><STRONG>PLANNING 05-19-03</STRONG><BR>The Board then considered SP-04-22-03: Kaw Valley Motors, a site plan for documentation of existing conditions for commercial building located at 1787 E 1450 Road as an existing non-conforming use. Submitted by Kevin Raasch, applicant, Kaw Valley Metals, Inc., LLC., property owner of record. Sandra Day, staff member of the Lawrence-Douglas County Metropolitan Planning Depart ment, presented this item. </P> <P><STRONG>Staff Review</STRONG><BR>The intent and purpose of this site plan is to document the existing non-conform ing uses of a developed site. The site is an existing industrial property and will be reused as a salvage/towing and storage facility under a new operator.</P> <P>The subject property is located in Douglas County north of the Lawrence city limits along the west side of E 1450 Road (Highway 59/40). The property abuts the Union Pacific Railroad right-of-way along the west property line. The property is an existing 12.29-acre industrial property that was not previously site planned. The subject property is located in Service Area 2 of the City's Urban Growth Area. The applicant is relocating a current salvage operation to an existing industrially zoned property. The purpose of this site plan is to document the existing commercial activity of the property. The site has previously been used for the same purpose and is known as an existing non-conforming use. A building permit will be required for interior remodel of the primary structure (Building 2) thus necessitating a site plan for the property.</P> <P><STRONG>Zoning and Existing Development</STRONG><BR>The subject property is zoned I-2 (Light Industrial District) which permits a variety of land uses. The site includes multiple structures and a large exterior storage area. The site has previously been used for an automotive related storage/salvage use. Ownership has changed for the business operation, but the property owner of record has not. Therefore, a Conditional Use Permit was determined by the County Zoning Code Administrator to not be necessary. Any significant changes in the future of this property and/or operation of use may result in a re-evaluation of that requirement.</P> <P>The subject property is developed with several detached buildings some of which are vacant. The primary activity will occur in Buildings 1 and 2. Building 1 is an accessory/storage building. The applicant has stated that this building will be demolished and reconstructed in the future. It should be noted that as the property is encumbered by the regulatory floodplain, building additions and/or reconstruction will require approval of a floodplain development permit. A building permit will be required from the County at that time unless otherwise annexed. Renovations and improvements to the site must meet minimum County Zoning and Building Code requirements. Additionally, there is an existing single- family residence located at the south end of the property. This structure has been designated unsafe and has been identified for demolition. Staff recom mends, as a condition of approval, the single-family home be demolished prior to release of the site plan for issuance of county building permits. The applicant should be advised if additional uses are added to the property that intensify activities, annexation is a likely recommendation.</P> <P>The subject property is also encumbered by regulatory floodplain. The rear portion of the lot will be used for exterior storage and must be screened. The site plan has been revised to note that no portion of the regulatory floodplain shall be used for exterior storage. Minimum fencing is recommended around the open storage area. Additionally, any exterior parking areas must be screened from public view.</P> <P>Staff noted in the review comments the building setback is not correctly shown on the face of the site plan. Staff recommends this element be revised per staff approval. The proposed site plan d&#160;s not alter the location of the pavement or buildings as they currently exist. Upon annexation into the City of Lawrence, the site would not comply with the minimum setback and city zoning regulations regarding parking lot design. This information is provided for reference. Any future site plan revisions to the site should include modifications that address zoning compliance.</P> <P><STRONG>Access</STRONG><BR>The subject property is accessed via four (4) existing curb cuts to E 1450 Road (US Highway 59/40). The site plan d&#160;s not propose to modify the existing entrances. Any changes to the driveways will require KDOT approval. The parking lot arrangement has been slightly revised to remove parking stalls that conflicted with the access way and driveways to the site. The site plan provides the minimum required parking for all uses (proposed as well as vacant buildings) located along the north side of Building 2. This parking is not centrally or conve niently located to the other buildings. Any reuse/redevelopment of other buildings should include revised parking to provide better access and convenience within the site as part of any future site plan changes.</P> <P><STRONG>Public Utilities</STRONG><BR>The site is not served by either municipal water or sanitary sewer services. Two water wells are located on site within Building 2 and Building 5. Municipal water is located along the east side of E 1450 Road, but d&#160;s not touch the subject property. Sanitary sewer is located at the south end of the subject property, but would require additional review and approval for extension of service. Addition ally, the property would be required to be annexed prior to provision of municipal services. The site plan has been revised to show the estimated location of two existing on-site sewage disposal systems. The County Health Department indicated that the existing septic system will need to be evaluated and is a recommended condition of approval.</P> <P><STRONG>Staff Recommendation</STRONG><BR>Staff recommends approval of the site plan subject to the following conditions:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>1.&nbsp;Proof of demolition of the existing single-family home prior to release of the site plan for issuance of County building permits;<BR>2.&nbsp;Provision of a revised site plan to correctly show the front building setback per staff approval; and<BR>3.&nbsp;Examination and approval of the existing septic system by the County Health Department prior to release of the site plan for issuance of building permits.</P></BLOCKQUOTE> <P>Jones made a motion to approve SP-04-22-03 subject to the above conditions with the following additional conditions</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>4.&nbsp;The fence and groundcover shall be regularly maintained.<BR>5.&nbsp;The Health Department shall be consulted with regard to proper maintenance of existing wells.</P></BLOCKQUOTE> <P>Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>EMERGENCY MANAGEMENT 05-19-03</STRONG><BR>The Board discussed a proposal received from the Douglas County Fire Chief's Association recommending the adoption of a home rule resolution that estab lishes regulations for safe burning practices in Douglas County. Chris Lesser, Chief of the Kanwaka Township Fire Department, was present for the discussion. After review of the proposed resolution, the Board suggested various amend ments such as allowing bonfires and campfires and directed the Association to return with the revisions. No action was taken.</P> <P><STRONG>MISCELLANEOUS 05-19-03</STRONG><BR>On April 30, 2003, the Board discussed possible County funding for school nursing services deferring action until a later date. Jones had suggested that a study group consisting of representatives from the schools in Douglas County; Kay Kent, Director of the Lawrence-Douglas County Health Department; a member of the Health Board; and Craig Weinaug, County Administrator, con sider the following mechanisms:</P> <UL> <LI>simple pass-through (per student basis)</LI> <LI>all nursing through the Health Department</LI> <LI>"Public health" nursing through the Health Department</LI></UL> <P>and to make a recommendation to the County Commission in a 6 month time frame. After discussion, it was the consensus of the Board that Johnson take the lead on forming the committee with the help of Craig Weinaug.</P> <P><STRONG>ACCOUNTS PAYABLE 05-19-03</STRONG><BR>Jones moved approval of accounts payable in the amount of $119,488.45 to be paid 5/19/03; accounts payable manual checks in the amount of $766.00; payroll in the amount of $559,564.01; and electronic funds transfers in the amounts of $41,326.34 for FICA and $32,033.12 for KPERS, to be paid 5/16/03. Johnson seconded and the motion carried unanimously.</P> <P><STRONG>APPOINTMENTS &amp; TOWNSHIPS 05-19-03</STRONG><BR>McElhaney made a motion to appoint Norman Leary, 1059 E 1479 Road, Lawrence, KS as Treasurer of the Wakarusa Township Board to replace Alan Button who recently resigned. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>APPOINTMENTS &amp; PLANNING 05-19-03</STRONG><BR>Jones made a motion to reappoint Sue Pine, 1783 E 1500 Road Lawrence, KS, to the Lawrence-Douglas County Metropolitan Planning Commission for an additional 3-year term which shall expire on May 31, 2006. McElhaney seconded and the motion carried unanimously.</P> <P>Jones moved for adjournment.&nbsp; McElhaney seconded and the motion carried.</P> <P>____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P>

<P>Chairman Johnson called the meeting to order at 6:37 P.M. on Wednesday, May 21, 2003.&nbsp; All members were present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 05-21-03</STRONG><BR>Commissioner Jones made a motion to approve the following Consent Agenda:</P> <UL> <LI>Note receipt of fee reports for the month of April.</LI></UL> <P>Motion was seconded by Commissioner McElhaney and carried 3-0.</P> <P><STRONG>PLANNING 05-21-03 -- CUP-12-16-02: CONDITIONAL USE PERMIT FOR EUDORA QUARRY #68; NORTHWEST CORNER OF N 1200 ROAD AND E 2400 ROAD<BR></STRONG>The Board reconvened the May 14, 2003 public hearing of Item No. 4 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated 2/26/03.&nbsp; This item is CUP-12-16-02: Conditional Use Permit request for Eudora Quarry #68. The property is generally described as being located at the northwest corner of N 1200 Road and E 2400 Road.&nbsp; Requested by N. R. Hamm Quarry, Inc., for Katherine L. Neis, property owner of record.&nbsp; This item was continued in order to determine if the protest petition was valid. Craig Weinaug, County Administrator, noted that a committee consisting of Patty Jaimes, Dan Watkins, and Adra Burks met and came to the unanimous conclusion that the protest petition was valid, which necessitates a unanimous decision by the County Commission.</P> <P>Brian Pedrotti, staff member of the Lawrence-Douglas County Metropolitan Planning Department, introduced the item and noted that Staff recommended approval of the CUP, with conditions and restrictions as set forth in its February 26, 2003 Staff Report.&nbsp; Pedrotti stated that the Eudora Planning Commission and the Lawrence-Douglas County Planning Commission previously held a joint public hearing on the matter.&nbsp; The Eudora Planning Commission recommended denial of the CUP and that the Lawrence-Douglas County Planning Commission voted to recommended approval of the CUP, subject to conditions and restric tions set forth the minutes from its February 26, 2003 meeting, revised March 25, 2003.</P> <P>Dan Watkins, attorney for the applicant, presented the following requests, as set forth in his letter to the Board dated May 12, 2003, to clarify or modify the conditions and restrictions of the Lawrence-Douglas County Planning Commis sion:</P> <P>&#160;Watkins requested deletion of the prohibition of asphalt/concrete production at the site that the Planning Commission added to Section I.&nbsp; Watkins explained that omitted that prohibition would not allow Hamm Quarry to operate an as phalt/concrete plant as a matter of right, but rather would allow Hamm Quarry to request a temporary business permit at some time in the future.&nbsp; The temporary business use would be subject to whatever limitations or conditions the Board put on the permit at that time.</P> <P>Watkins requested that the last sentence in Section II be deleted and utilities be added to Section VIII.&nbsp; Watkins explained that this was not a substantive revi sion, but that it was better placed under Section VIII rather than Section II.</P> <P>Watkins requested that the terms "springs &amp; wells" be deleted from pre-blast survey requirements in Section V because they vary so much from time to time that it is difficult to determine what might have caused a change.&nbsp; Building foundations is the most common type of pre-blast survey.&nbsp; Watkins went on to discuss pre-blast surveys.</P> <P>Watkins requested deletion of the appeal to the Board contained in Article V if Hamm Quarry and neighbors cannot agree upon the extent of the pre-blast survey.&nbsp; Watkins stated that an appeal could place the Board in the position of having to hire its own expert.&nbsp; Watkins noted, however, that it was extremely unlikely that an appeal would ever be needed because Hamm Quarry would go to great lengths to satisfy neighbors.&nbsp; Watkins stated that the appeal process might provide a safeguard that protects residents from Hamm Quarry being arbitrary.</P> <P>Watkins requested amendment to the fencing requirements in Section VI.&nbsp; First, he stated that clearing vegetation to erect a fence might be counterproductive on the east of the site.&nbsp; Katherine Neis owns additional property on the west of the site and, to the extent quarrying d&#160;s not interfere, will continue to farm it in conjunction with the CUP site.&nbsp; A fence along the west edge of the site would interfere with her farming operation because it would place a fence line through the middle of a field.&nbsp; Watkins stated that an entire perimeter fence would not promote safety or security—in a lot of areas natural topography and set-backs would protect people.&nbsp; Watkins suggested adding a condition that the Board approve a fencing plan before commencement of operations.</P> <P>Watkins requested "for blasting" be deleted from Section VIII because the discharge permit in that Section referred to discharge of water, not explosives.</P> <P>Watkins requested that the performance bond requirement in Section IX be lowered from $1,000 to $600 because $600 was consistent with state law and the bond was running to the Kansas State Conservation Commission.&nbsp; A repre sentative of the State Conservation Commission couldn't explain the benefit of an additional bond.</P> <P>Watkins requested deletion of the drainage study in Section IX because it is duplicative of similar requirements that Hamm Quarry would have with other regulatory agencies and the Planning Office d&#160;s not have expertise in reviewing a drainage study.</P> <P>Watkins requested changed Section XI(e)(iii) to require that the road improve ments be completed before commencing rock extraction on the new site, rather than 24 months after the CUP is granted.&nbsp; Watkins stated that Hamm Quarry may not start rock extraction right away and tying the road improvements to rock extraction would make more sense.</P> <P>Watkins requested revision to the strobe back-up light requirement in Section XII so that strobe lights are required one-half hour before sunset, not at 5:30 p.m., for the obvious reason that in summer months it d&#160;s not get dark until much later.</P> <P>Watkins requested that the periodic review be a 5 year intervals, not 3 year intervals.&nbsp; This is consistent with other County CUPs.&nbsp; Also, Watkins requested that the review be limited to whether Hamm Quarry is complying with the CUP and that each review not be a de-facto new CUP application.</P> <P>Watkins requested that Condition 2.a, which would require the existing quarry to be subject to the CUP, be deleted because including the existing quarry would subject the rock extracted from the existing quarry to the $0.10/ton charge.&nbsp; Watkins suggested that requiring the existing quarry to be reclaimed could be added as a requirement, but it should not be included in the CUP.</P> <P>A discussion took place regarding state law reclamation requirements and it was stated that the reclamation requirements in Hamm Quarry's lease are more stringent to than state law.&nbsp; Reclaiming the existing Petefish quarry would certainly be in Hamm Quarry's best economic interests and that it had every intention of doing so.&nbsp; Marvin Zielsdorf, Site Manager for Hamm Quarry, ex plained the reclamation process—as new cuts are made, old cuts are reclaimed to reduce costs.&nbsp; He stated that he estimates 3.5 million tons of rock that can be quarried from the new site and the property will be reclaimed.&nbsp; With respect to the Petefish quarry, state law requires reclamation for cuts made after 1994, but Hamm Quarry would agree to reclaim the entire quarry without regard to when the cut was made.</P> <P>A discussion took place concerning truck routes.&nbsp; When rock is hauled to a project, the truck route is specified by the contracting agency, such as Douglas County or the City of Eudora.&nbsp; Also, it was noted that Hamm Quarry has other quarries that would likely be used for projects north of the Kansas River.</P> <P>A brief discussion took place concerning blasting.&nbsp; Explosives are only kept on site during actual operations.&nbsp; During the last 10 years, explosives have been on site for 2 four-month periods.&nbsp; When on site, the explosives are kept in a bermed magazine and are subject to ATF requirements and audits.</P> <P>Watkins stated that Hamm Quarry would agree to a requirement that it cooperate and coordinate with Eudora city and school officials regarding truck traffic on Route 1061 and would participate in solutions.&nbsp; Keith Browning, Director of Douglas County Public Works, discussed the on-going traffic studies along Route 1061.&nbsp; These issues exist regardless of Hamm Quarry truck traffic.&nbsp; Eudora has retained a consultant to make suggestions for revisions to Route 1061 as it enters the city.&nbsp; Browning stated that there are a are a number of things that can and will be done to enhance safety, such as making it more clear that the driver is entering a city such as "Welcome to Eudora" signs and street lights.&nbsp; Watkins stated that Hamm Quarry has expressed willingness to work with the City of Eudora and the school district regarding coordination of school times.</P> <P>Chairman Johnson then asked for public comment: </P> <P>Dan Hoover stated that he had never been officially notified of any hearing having to do with the CUP.&nbsp; He purchased property for the serenity and nature in the area.&nbsp; He spoke in opposition of the quarry, raising concerns about the storage of explosives and encouraged the Commission to look at fencing.&nbsp; He is worried that kids might get into the explosives.&nbsp; Also, the expanded quarry might squelch additional building in the area and cause of loss of property tax reve nues.&nbsp; He requested that the Board determine road issues now, not later; that he be listed on Hamm Quarry's insurance to make sure damage to his structure is covered by insurance; a requirement for a 1000 foot set-back from County line road and that foliage be retained; stricter restrictions on blasting hours; and a requirement to reclaim existing quarry before starting on new site.</P> <P>Bob Miller note he had looked at other quarries run by Hamm Quarry and his observation is they are not well maintained and other quarries are better main tained.</P> <P>Karen Rowland, a realtor in the area, expressed concerns about lower property valuations, traffic issues, and the effects that blasting would have on surrounding foundations.</P> <P>Bernice Staus questioned whether the rock is available at another location and whether $0.10/ton is adequate for road maintenance.&nbsp; She stated that she d&#160;s not believe that reclamation guidelines have been followed in the past and also expressed concerns about land values and that the quarry would hinder growth.</P> <P>Adra Burks, attorney for Arthur Neis, spoke in opposition to the CUP.&nbsp; She stated that there are 600 residential homes or platted lots in the area and the that Eudora would continue to develop to the south.&nbsp; She noted that there is no fence along the northern boarder of the site, between her client's property and the subject site.&nbsp; She requested Hamm Quarry to pay for a survey to determine where the 150 foot set-backs would start from.&nbsp; She requested a requirement of similar set-backs around entire site, not just 800 feet from current residences.&nbsp; Also vegetation should be added between her client's property and the new quarry site, which is currently cropland.&nbsp; She requested a fence between the quarry site and Katherine Neis's other cropland to the west, which is currently being farmed on a contiguous basis.</P> <P>Burks also discussed rock requirements and availability in the vicinity.&nbsp; Captains Creek or Stoner rock, grade 1 or 2, is considered "high grade" or "pavement quality" rock for highway paving projects.&nbsp; She questioned whether the high grade rock on the Petefish quarry exists in the new CUP area.&nbsp; She said Hamm Quarry has a lot of high grade Stoner in its Leavenworth quarry.&nbsp; Burks stated that when considering a CUP, the issue is not whether Hamm Quarry has the high grade rock, but whether the high grade rock is available to any paving contractor at all.&nbsp; Because high grade pavement rock is available to other contractors nearby, she d&#160;s not see the public good of the new quarry.</P> <P>Burks also questioned whether the $0.10/mile will adequately compensate the County for road maintenance.&nbsp; She provided estimates of receipts to the County assuming 100 trucks per day, year round.&nbsp; Commissioner Johnson asked Hamm Quarry whether the 100 trucks per day estimate was just from the new CUP site or from both the new quarry and the Petefish Quarry.&nbsp; Watkins stated that this number would be the total amount from both quarries, not 100 trucks from each quarry.&nbsp; This number of trucks would only apply during a large paving project and would not be continuous.&nbsp; It was noted that if Hamm Quarry took 100 trucks per day out of the new site six days a week, the new site would be totally mined in a few years.</P> <P>Burks questioned that explosives would be kept on the site over night at times, which she though violated applicable explosives regulations.&nbsp; She also discussed brooks and springs in the area and possible loss of water source from the expanded quarry and that there should be a way to determine how it will happen if springs run dry.&nbsp; She stated that the review period should be shorter than 5 years because of the expanding development in the area.</P> <P>&#160;Burks concluded that the extension of the quarry is not appropriate.&nbsp; If the CUP is to be granted, stringent conditions must be imposed to protect health and welfare.</P> <P>Marty Kobza, Superintendent of Eudora School District No. 491, expressed no position for or against the CUP.&nbsp; He did express traffic safety concerns.&nbsp; He stated that he is pleased with progress that has been made in working with Keith Browning concerning Route 1061.&nbsp; He asked that if the CUP is granted, the Board place guidelines for trucks using Route 1061.&nbsp; He requested that this not be left to work out later, but had no suggestion on how to do so.</P> <P>Watkins address blasting issues and concerns that opponents had raised.&nbsp; Watkins noted that there is strict liability with regard to explosives and subject to strict regulations.&nbsp; Watkins asked David Dresler, Dresler &amp; Associates, to explain how the explosives were stored in a magazine, which is fire rated and weighs about 3 tons.&nbsp; The magazine is kept in an earthen berm.&nbsp; Dresler stated that he knows of no past violations by Hamm Quarry.&nbsp; Dresler also stated that in his 10 years as a explosives consultant, he had never done a pre-blast survey on a spring.&nbsp; Blasting vibrations do not affect acquifers or ground water table; the vibrations do not cause water to fluctuate.&nbsp; State and federal regulations restrict blast vibrations and he designs blasts to comply with the regulations.&nbsp; Dresler stated that studies have shown that these regulations are sufficient to prevent damage to surrounding properties.&nbsp; Dresler knows of&nbsp; other quarries that have high pressure gas pipelines running through them and blasts are designed to prevent damage to the pipelines.</P> <P>Watkins also noted Section XI(e)(iv) of the restrictions require Hamm Quarry to supply rock and dust control along the township road during periods of quarry activity—this is in addition to the $.10/ton payment.</P> <P>Watkins noted that the property value issue is raised every time a quarry tries to locate.&nbsp; Nevertheless, people continue to build homes near quarries.&nbsp; Watkins also stated that Eudora could double in population two times before reaching the CUP site.&nbsp; If that type of growth occurs, rock from the site will be needed.</P> <P>Hamm Quarry is willing to cooperate with the Schools and Public Works on traffic control issues.&nbsp; Public Works and Eudora certainly have the authority to place speed and travel limits on Route 1061.</P> <P>Watkins was asked of reclamation on the existing quarry and opponents claims that there had been no reclamation.&nbsp; Watkins stated that Hamm Quarry is willing to be subject to a restriction that it reclaim the existing quarry within 3 years of completing operations on the Petefish quarry.</P> <P>Martin Zielsdorf, Site Manager for Hamm Quarry, spoke on behalf of the appli cant.&nbsp; He discussed operations on the current Petefish quarry.&nbsp; He expressed that opponents expressed a lot of fallicies concerning the quality of paving rocks.&nbsp; Additional discussion took place about reclaiming the Petefish quarry.</P> <P>Commissioner Jones made a motion to close the public hearing.&nbsp; Commissioner McElhaney seconded and the motion carried 3-0.</P> <P>Commissioner Jones stated that he was leaning towards granting the CUP with extensive conditions, but thought that they Board should determine whether there were three votes to grant the CUP before spending time on the conditions.</P> <P>Chairman Johnson agreed and stated he was in favor of granting the CUP.&nbsp; He stated that approval would weigh heavily on his mind if there was not an existing quarry there.&nbsp; He stated he would have a difficult time supporting a new quarry, but would support the expansion of the existing quarry.</P> <P>Commissioner Jones noted that if a residential subdivision were at the site, it would create more traffic, etc., which could increase safety risks.&nbsp; There are risks involved in all uses.&nbsp; Anytime there is change, people will protest.&nbsp; He did not see the quarry operation as being dramatically worse in terms of property values and safety than other possible uses.&nbsp; All uses have pluses and minuses.&nbsp; Agriculture is changing dramatically and there is no guarantee that the site will remain agriculture for 30 years.&nbsp; Something else is likely to happen to the property.&nbsp; A quarry with appropriate conditions is not as bad as other options.</P> <P>Commissioner McElhaney also agreed with Commissioner Jones and Chairman Johnson.&nbsp; Commissioner McElhaney stated that state law for reclamation was satisfactory to him.&nbsp; He then suggested that some of the conditions placed on the CUP, such as fencing and screening, be finalized at a later date.&nbsp; With respect to fencing, he thought that the fencing at the northwest side, where the land is cleared would be fine, but fencing should not require clearing of vegetation or interfere with an ongoing farm operations.&nbsp; He is comfortable with safety of the explosives.&nbsp; He also noted it was in compliance with Horizon 2020, which encourages redevelopment and limited expansion of existing industrial sites.</P> <P>The Board proceeded to give instructions to Planning Staff for revisions to the conditions and restrictions.&nbsp; The applicant and Burks would then have an opportunity to review and comment on the revised conditions before finalizing.&nbsp; In addition to the revisions previously discussed, the Board requested the following revisions:</P> <P>&#160;Condition 2.a.&nbsp; The granting of the CUP should not be tied to including the existing Petefish quarry in the CUP.&nbsp; However, Condition 2.a should contain a clear requirement that Hamm reclaim the existing Petefish quarry within 3 years of ending operations.</P> <P>Section I.&nbsp; The reference to asphalt/concrete production in Section I should be deleted.&nbsp; This deletion would not allow Hamm to operate a temporary asphalt or concrete plant as a matter of right, but would enable Hamm to request permis sion of the Board to operate such a plant at some time in the future, subject to restrictions imposed by the Board at that time.</P> <P>Section II.&nbsp; The last sentence in Section II should be deleted, but "utility compa nies" should be added to Section VIII.</P> <P>Section V.&nbsp; Reference to "springs and wells" will remain in Section V.&nbsp; Perhaps the applicant can suggest a reasonable compromise.&nbsp; An appeals process should remain, but the appeal should probably not be to the Board.&nbsp; Staff and the applicant should come back with a proposal and bring it back to the Board.</P> <P>Section VIII.&nbsp; Add reference that Hamm Quarries complies with regulations of utilities.&nbsp; Delete "for blasting" because that section deals with water discharge.</P> <P>Add a provision to require that a fencing and screening plan should be submitted and approved by the Board prior to commencement of operations.</P> <P>Add a provision to require notice to property owners within 1000 feet prior to first 5 year review, which would include Johnson County residents.</P> <P>Section IX.&nbsp; The reclamation bond should be in an amount in accordance with state statute.</P> <P>Section X.&nbsp; The applicant and Planning Staff should discuss the applicant's request to delete this Section, but the Board has a concern about removing it and is inclined to keep it.</P> <P>Section XI.&nbsp; Delete 1st subsection (d).&nbsp; Subsection (d)(iii) should require road improvements prior to rock extraction from new site.</P> <P>Section XII.&nbsp; Strobe lights for vehicles shall begin 1/2 hour before sunset, rather than 5:30 p.m.&nbsp; There is no need for a strobe light before dusk.</P> <P>Restriction XIV.&nbsp; The review process will take place every 5 years, rather than every 3 years.&nbsp; Notice of the initial 5 year review should be given to all property owners within 1,000 feet, including Johnson County residents.&nbsp; Delete the sentence that would allow the Board to revoke the CUP if it wanted to add additional conditions in the future, but planning Staff and the applicant should discuss further.</P> <P>Index the $0.10/ton for inflation in accordance with the Consumer Price Index.&nbsp; Planning Staff and the applicant should discuss and bring back something appropriate.</P> <P>The revised conditions should be brought back to the Board and other persons should have an opportunity to review and comment on them before finalizing.</P> <P>Commissioner Jones made a motion to approve CUP-12-16-02, contingent upon finalization of the conditions and restrictions in accordance with the foregoing discussion, which would require a 3-0 vote.&nbsp; The CUP will not be issued until the conditions and restriction are resolved.&nbsp; Chairman Johnson seconded and the motion carried 3-0.</P> <P>The Board instructed Staff to revise the conditions in accordance with the foregoing discussion and bring it back to the Board for a Wednesday evening meeting.</P> <P>The Board thanked those in attendance for their input.</P> <P><STRONG>PUBLIC WORKS &amp; CONTRACTS 05-21-03</STRONG><BR>Commissioner McElhaney made a motion to approve Contract(s) for Right-of- way Easement Acquisitions on Tract Nos. 1, 2, 3, 9, 17, 24, 33 and 36 for Project No. 23C-3688-01, Route 1029 improvements, in the aggregate amount of $87,535. Motion was seconded by Commissioner Jones and carried unani mously.</P> <P><STRONG>MISCELLANEOUS 05-21-03</STRONG><BR>Chairman Johnson reported that he had met with the three (3) superintendents of schools regarding Jones' proposal to fund the nursing programs. Suggested appointing a committee consisting of recommendations from each superinten dent, Kay Kent and one (1) board member, a Douglas County Resident, and appointments by the commissioners, maybe 12-13 people, develop charge. </P> <P>&#160;Commissioner Jones moved for adjournment.&nbsp; Commissioner McElhaney seconded and the motion carried.</P> <P>____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P>

<P>McElhaney called meeting to order at 9:07 A.M. on Monday, June 2, 2003.&nbsp; McElhaney and Jones were present; Johnson was absent. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 06-02-03<BR></STRONG>Jones moved approval of the following Consent Agenda:</P> <UL> <LI>Accept the low bid received from Hutchinson Salt for the purchase of 1,500 tons of highway de-icing salt in the amount of $37,335; and</LI> <LI>Approve the following policy changes to the health insurance plan:</LI></UL> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>(1) &nbsp;Elected Officials Retiree Eligibility. Elected officials who have served a minimum of eight (8) consecutive years and are of retirement age (as defined within the retirement plan in which they are participating). </P> <P>(2) &nbsp;Retirees Premium. The retiree must pay 55% of the health insurance premium for which he/she is enrolled. Implementation of this change will be staggered: approximately half of the increase ($6 for the retiree only and $45 for retiree +1) would be effective on January 1, 2004; another increase on June 1, 2004 would then bring them up to the full 55%.</P></BLOCKQUOTE> <P>Motion was seconded by McElhaney and carried.</P> <P><STRONG>PUBLIC WORKS 06-02-03</STRONG><BR>The Board discussed contract pavement maintenance projects for 2003. Keith Browning, Director of Public Works/County Engineer, was present for the discussion. McElhaney made a motion to authorize the solicitation of bids for microsurfacing Route 1029 from approximately 1/4 mile south of N 100 Road to US 56 Highway and to fill wheel ruts in Route 438 near the K-10 Highway intersection. Motion was seconded by Jones and carried.</P> <P><STRONG>ACCOUNTS PAYABLE 06-02-03</STRONG><BR>Jones moved approval of accounts payable in the amounts of $115,199.09 to be paid 5/27/03 and $66,737.28 to be paid 6/2/03; accounts payable manual checks in the amount of $766.00; payroll in the amount of $565,694.12; and electronic funds transfers in the amounts of $43,307.25 for FICA and $31,551.75 for KPERS to be paid 5/30/03. Motion was seconded by McElhaney and carried.</P> <P>&#160;Jones moved for adjournment.&nbsp; McElhaney seconded and the motion carried.</P> <P>____________________________&nbsp;_____________________________<BR>Jere McElhaney, Vice-Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P> <P>ATTEST:</P> <P>_____________________________<BR>Patty Jaimes, County Clerk</P>

<P>Vice-Chairman McElhaney called the meeting to order at 7:50 A.M. on Monday, June 9, 2003.&nbsp; McElhaney and Jones were present; Johnson was absent. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 06-09-03</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5140 and 5141. Orders are on file in the office of the County Clerk; and</LI> <LI>Authorize the execution of Contracts for Highway Purposes for Project No. 23C-3688-01; County Route 1029, E. 600 Road -- Acquisition of Construction Easement.</LI></UL> <P>McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 06-09-03<BR></STRONG>Jones moved approval of accounts payable in the amount of $234,039.73 to be paid 6/9/03 and accounts payable manual checks in the amount of $9,250.00. Motion was seconded by McElhaney and carried.</P> <P>Jones moved for adjournment.&nbsp; McElhaney seconded and the motion carried.</P> <P>____________________________&nbsp;_____________________________<BR>Jere McElhaney, Vice-Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P> <P>ATTEST:</P> <P>_____________________________<BR>Patty Jaimes, County Clerk</P>

<P>The Board attended a Rededication Ceremony for the Judicial &amp; Law Enforce ment Center and Youth Services at 5:30 P.M. on Wednesday, June 18, 2003.</P> <P>Johnson called meeting to order at 6:37 P.M. All members were present. The Pledge of Allegiance was recited.</P> <P>McElhaney moved approval of minutes of January 21, 22, 27, February 3 (revised), 24, 28, March 3, 10, 12, and April 7, 2003. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>CONSENT AGENDA 06-18-03</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5142, 5143 and 5144. Orders are on file in the office of the County Clerk;</LI> <LI>Approve Contract(s) for Highway Purposes for Project No. 23C-3688-01, County Route 1029, E 600 Road; and</LI> <LI>Approve Agreement between Kansas Juvenile Justice Authority and Douglas County related to condition of grant for JJA funds.</LI></UL> <P>Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 06-18-03<BR></STRONG>Gary Bartz, Co-Chair of the Douglas County Fireworks Association, appeared before the Board advising the Association would like to assist the Public Works Department in cleaning up public areas such as Clinton Lake, Lone Star Lake and Wells Overlook Park, after the 4th of July activities. The Board thanked Mr. Bartz and the Association and directed the Public Works Department to work with the Association in the clean-up efforts.</P> <P><STRONG>PUBLIC WORKS 06-18-03</STRONG><BR>Keith Browning, Director of Public Works/County Engineer, presented a video on behalf of the Traffic Safety Advisory Committee regarding mailbox installations and roadside safety impacts. The need to outlaw large installations next to the highways, including existing mailboxes was then discussed. The Board then thanked the Committee for the education process and directed the Department of Public Works to develop a mailbox policy.</P> <P><STRONG>PUBLIC WORKS &amp; MISCELLANEOUS 06-18-03</STRONG><BR>Jones conducted a brief presentation on policy issues related to the financing of rural road maintenance. He suggested that the policy that was set in the early 70's needs to be updated. It was the consensus of the Board to discuss this issue again in the fall.</P> <P><STRONG>OUT-DISTRICT COLLEGE TUITION STATEMENTS 06-18-03</STRONG><BR>Johnson moved approval of six (6) Out-District College Tuition Statements in the amount of $15,528. Motion was seconded by Jones and carried with McElhaney opposed.</P> <P><STRONG>ACCOUNTS PAYABLE 06-18-03</STRONG><BR>McElhaney moved approval of accounts payable in the amount of $1,346,087.31 to be paid 6/16/03; accounts payable manual checks in the amounts of <BR>$1,480.00 and $944.74; payroll in the amount of $573,605.78; and electronic funds transfers in the amounts of $42,409.85 for FICA and $33,030.23 for KPERS to be paid 6/13/03. Motion was seconded by Jones and carried unani mously.</P> <P><STRONG>PUBLIC WORKS &amp; CONTRACTS 06-18-03</STRONG><BR>Browning discussed the need to authorize a Commissioner the authority to execute Contract(s) for Highway Purposes for Project No. 23C-3688-01, County Route 1029, E 600 Road and/or the authority to authorize condemnation proce dures, if needed, in order to meet approaching deadlines. Jones made a motion that McElhaney be authorized to execute Contract(s) or condemnation proce dures which action will be ratified by the Board at its next regular meeting. Motion was seconded by Johnson and carried unanimously.</P> <P>Jones moved for adjournment.&nbsp; McElhaney seconded and the motion carried.</P> <P>____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P>

<P>Chairman Johnson called the meeting to order at 1:09 P.M. on Monday, June 23, 2003.&nbsp; All members were present. The Pledge of Allegiance was recited.</P> <P>Jones made a motion to approve the minutes of March 24, April 23, and June 9, 2003. McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>CONSENT AGENDA 06-23-03<BR></STRONG>McElhaney made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5145. Order is on file in the office of the County Clerk.</LI></UL> <P>Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PURCHASING &amp; CONTRACTS 06-23-03<BR></STRONG>The Board discussed the recommendation of the contract award for long dis tance services. Jackie Waggoner, Purchasing Agent, was present for the discussion. On May 12, 2003, the Board authorized staff to negotiate with SBC Global Services for long distance services. Committee members from the City of Lawrence, Lawrence Public Schools, and Douglas County met and finalized a contract with SBC Global Services. The following table outlines the negotiated items to be incorporated in the contract:</P> <P> <TABLE borderColor=black cellSpacing=0 cellPadding=0 border=1> <TBODY> <TR> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center><STRONG>Original Proposal</STRONG></P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center><STRONG>Negotiated Proposal</STRONG></P></TD></TR> <TR> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>Intrastate Rate: .07/minute<BR>Interstate Rate: .046/minute</P></TD> <TD style="WIDTH: 300px; HEIGHT: 20px"> <P align=center>Intrastate Rate: .068/minute<BR>Interstate Rate:.03/minute</P></TD></TR> <TR> <TD style="WIDTH: 300px; HEIGHT: 20px">Three entities included in SBC's proposal&nbsp;</TD> <TD style="WIDTH: 300px; HEIGHT: 20px">Lawrence Public Schools chose to not participate in the contract at this time</TD></TR> <TR> <TD style="WIDTH: 300px; HEIGHT: 20px">Annual commitment of $30,000 (collectively from three entities -- Douglas County, City of Lawrence, and Lawrence Public Schools). Receive a $5,000 customer loyalty payment to be shared.&nbsp;</TD> <TD style="WIDTH: 300px; HEIGHT: 20px">Waive customer loyalty payment to establish lower rates. Based upon participation by Douglas County and the City of Lawrence, would require a minimum annual commitment of $12,000 for both agencies</TD></TR></TBODY></TABLE></P> <P>Jones made the motion to approve the contract for long distance services with SBC Global Services. Motion was seconded by McElhaney and carried unani mously.</P> <P><STRONG>BUDGET 06-23-03</STRONG><BR>The Board conducted budget hearings. No action was taken.</P> <P><STRONG>ACCOUNTS PAYABLE 06-23-03</STRONG><BR>Jones moved approval of accounts payable in the amount of $321,122.91 to be paid 6/23/03. Motion was seconded by McElhaney and carried unanimously.</P> <P>Jones moved for adjournment; McElhaney seconded and the motion carried unanimously.</P> <P>____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P>

<P>Chairman Johnson called the meeting to order at 9:04 A.M. on Tuesday, June 24, 2003.&nbsp; All members were present. The Pledge of Allegiance was recited.</P> <P><STRONG>BUDGET 06-24-03</STRONG><BR>The Board conducted budget hearings. No action was taken.</P> <P>Jones moved for adjournment; McElhaney seconded and the motion carried unanimously.</P> <P>____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P>

<P>Johnson called meeting to order at 6:35 P.M. on Wednesday, June 25, 2003. All members were present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 06-25-03</STRONG><BR>McElhaney moved approval of the following Consent Agenda:</P> <UL> <LI>Note receipt of fee reports for the month of May 2003.</LI></UL> <P>Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PUBLIC WORKS 06-25-03</STRONG><BR>The Board discussed bids received for microsurfacing on Route 1029. Keith Browning, Director of Public Works/County Engineer, was present for the discussion. Three bids were received with the low bid submitted from Vance Brothers in the amount of $73,154.20. Browning explained that Kansas Statutes require filing an Engineer's Estimate with the County Clerk's Office prior to the bid opening. An Engineer's Estimate was prepared prior to bid opening, but it was not filed as required due to an oversight. Browning has discussed this with Evan Ice, County Counselor, who indicated that, in his opinion, the Board has the authority to award the contract to the low bidder. Re-bidding would necessar ily narrow the window of opportunity for completing this work, which may result in higher bids. Given that the Engineer's Estimate was prepared in good faith prior to the bid opening, and that the low bid is below the Engineer's Estimate which was $74,953.00 it is recommended that the Board accept the low bid. McElhaney made a motion to accept the low bid from Vance Brothers in the amount of $73,154.20 for Project No. 2003-11, microsurfacing Route 1029 from US-56 Highway south approximately 2.4 miles and authorize the Director of Public Works to execute change orders in an amount not to exceed $3500. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 06-25-03</STRONG><BR>Jones conducted a presentation on vicious dog issues. Midge Grinstead, Director of the Lawrence Humane Society, was also present for the discussion. Jones and Grinstead have met with a working group regarding this issue and a resolution was prepared and presented for consideration. It was the consensus of the Board to review the proposed resolution for possible adoption on July 9, 2003.</P> <P><STRONG>MISCELLANEOUS 06-25-03</STRONG><BR>The Board discussed traffic signals on 31st Street, specifically 31st &amp; Louisiana and 31st &amp; Haskell. Craig Weinaug, County Administrator, explained that both intersections are partly in the City and partly in the County. This past spring, a study session was conducted regarding the "31st Street Corridor Study Iowa Street to County Route 1057." One of the short term improvements was to consider temporary traffic signals at these intersections. These signals cost approximately $50,000 per intersection. Additional costs would include mainte nance, which are estimated to be $10,000 per year per intersection ($5,000 each). This item was not addressed in the budget but could be put in the Capital Improvements Plan (CIP) without putting any additional cost in terms of the budget. This would simply delay some of the other things that are in the CIP. </P> <P>Johnson questioned why any kind of decision should be made until we know for a fact what is or is not going to happen with respect to the Trafficway. If it's deter mined that the Trafficway is not going to be built, then we would need to deal with a different set of circumstances. If it's determined that the Trafficway is going to be built and if 31st Street, for example would be replaced in 2 years, the decision would be approached a little differently. He noted that it would be very appropri ate for the county to agree to pay 50/50 but only to the extent of $25,000 at each intersection. Jones stated that something should be known about the Trafficway in the next few months. It was the consensus of the Board that the County would agree to split the costs 50/50 -- $25,000 per intersection, and directed Weinaug to encourage the City to delay their decision until more information is known about the Trafficway.</P> <P><STRONG>PUBLIC WORKS &amp; CONTRACTS 06-25-03</STRONG><BR>Keith Browning, Director of Public Works/County Engineer, presented Contract(s) for Highway Purposes for Project No. 23C-3688-01, County Route 1029, E 600 Road, for Tract Nos. 4, 5, 6 and 35. Jones made a motion to approve the Contract(s) for Highway Purposes for Tract Nos. 4, 5, 6, and 35. Motion was seconded by Johnson and carried unanimously.</P> <P>Browning then presented an Agreement relative to performing certain work and/or the occupancy of the County's road right-of-way for the facilities of a utility between Douglas County Rural Water District #6 and Douglas County, Kansas for Project No. 23C-3688-01, County Route 1029, E 600 Road. Jones made a motion to approve the Agreement between Douglas County Rural Water District #6 and Douglas County for Project No. 23C-3688-01. Motion was seconded by Johnson and carried unanimously.</P> <P>Browning then presented a Reimbursement Agreement between Mid-America Pipeline Company, LLC, and Douglas County, Kansas for Project No 23C-3688- 01, County Route 1029, E 600 Road. Johnson made a motion to approve the Reimbursement Agreement, seconded by Jones and carried unanimously.</P> <P>Jones made a motion to authorize McElhaney to execute Contract(s) for Highway Purposes for Project No. 23C-3688-01, County Route 1029, E 600 Road, if needed until June 30, 2003, since the Board will not hold a regular meeting until that time. Johnson seconded and the motion carried unanimously.</P> <P>Jones moved for adjournment.&nbsp; McElhaney seconded and the motion carried.</P> <P>____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P>

<P>The Board met in Special Session on Friday, June 27, 2003. The purpose of the Special Session was to tour the Robert J. Dole Institute of Politics. No action was taken.</P> <P>______________________________&nbsp;________________________________<BR>Bob Johnson, Chair&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P>______________________________&nbsp;________________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P>

<P>Johnson called meeting to order at 8:36 A.M. on Monday, June 30, 2003, with all members present. The Pledge of Allegiance was recited.</P> <P>Jones moved approval of the minutes of June 23 and June 24, 2003. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>CONSENT AGENDA 06-30-03</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5146. Order is on file in the office of the County Clerk;</LI> <LI>Approve Construction Engineering Force Account Proposal (LPA) for Project No. 23C-3688-01/Route 1029 Construction Project in the amount of $162,827.44; and</LI> <LI>Approve Contract(s) for Highway Purposes for Project No. 23C-3688- 01, County Route 1029, E 600 Road.</LI></UL> <P>McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>AGREEMENTS 06-30-03<BR></STRONG>The Board discussed a Cooperation Agreement between the City of Lawrence and Douglas County concerning the engineering design and construction of O'Connell Street Improvements. It was the consensus of the Board to table further discussion until the contract has been reviewed by Evan Ice, County Counselor. No action was taken.</P> <P><STRONG>PURCHASING &amp; AGREEMENTS 06-30-03</STRONG><BR>The Board discussed copiers for the County. Jackie Waggoner, Purchasing Agent, explained that in March 2003, the Board approved a 12-month rental agreement (including maintenance) for thirteen (13) copiers with Logan Busi ness, and maintenance of the existing thirty-one (31) copiers with Century United. The estimated annual cost for this agreement was $38,081 (Logan Business -- $24,119; and Century United -- $13,962). These costs did not include the Law Library or Community Corrections. Funding for these two copiers would come from another source. During the process of finalizing the agreement and preparing for installation, Logan Business asked to withdraw their proposal. In exploring our option to address equipment needs and the budget shortfall, informal bids were again solicited. Savin Corporation and Century United are the only two authorized for service of our existing copiers. Century United's bid provided the lowest cost -- $51,729.87; however, all of the equipment proposed is refurbished and did not meet all of the requirements. Waggoner then recom mended the acceptance of the bid received from Savin Corporation in the amount of $54,561.31. Jones made a motion to accept the bid from Savin Corporation in the amount of $54,561.31. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PUBLIC WORKS &amp; RESOLUTIONS 06-30-03<BR></STRONG>The Board considered approval of a resolution establishing a twenty-five (25) miles per hour maximum speed limit on a portion of E 400 Road in Kanwaka Township. Keith Browning, Director of Public Works/County Engineer, was present for the discussion. Browning explained that temporary speed limits were established on E 400 Road and N 1700 Road during construction of the Route 442 safety improvements project. The speed limits were to be removed at the conclusion of the Route 442 project. Kanwaka Township has requested that the 25 mph speed limit on E 400 Road from Route 442 north 0.6 miles be made permanent. The 35 mph speed limit on E 400 Road from this point north would be removed, as would the speed limits on N 1700 Road. This section of E 400 Road is very narrow and hilly with several residential entrances. The character of this roadway section is different than other township roads in the vicinity. An unfamiliar driver may not recognize the changing roadway characteristics prior to entering the section, and therefore may not adequately adjust their speed without the speed limit regulation. Browning recommended approval of the resolution. McElhaney made a motion to approve Resolution No. 03-15 establishing the twenty-five (25) miles per hour maximum speed limit on a portion of E 400 Road in Kanwaka Township. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>BUDGET 06-30-03</STRONG><BR>The Board conducted budget hearings. No action was taken.</P> <P><STRONG>ACCOUNTS PAYABLE 06-30-03</STRONG><BR>Jones moved approval of accounts payable in the amount of $269,136.80 to be paid 6/30/03; accounts payable manual checks in the amount of $1,071.40; payroll in the amount of $584,508.42; and electronic funds transfers in the amounts of $43,263.30 for FICA and $33,998.23 for KPERS to be paid 6/27/03. McElhaney seconded and the motion carried unanimously.</P> <P>McElhaney moved for adjournment; Jones seconded and the motion carried unanimously.</P> <P>______________________________&nbsp;________________________________<BR>Bob Johnson, Chair&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P>______________________________&nbsp;________________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P>

<P>Johnson called meeting to order at 4:16 P.M. on Wednesday, July 2, 2003.&nbsp; All members were present. The Pledge of Allegiance was recited.</P> <P><STRONG>BUDGET 07-02-03</STRONG><BR>The Board conducted 2004 budget hearings. No action was taken.</P> <P><STRONG>CONSENT AGENDA 07-02-03</STRONG><BR>Jones made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5147. Order is on file in the office of the County Clerk; </LI> <LI>Approve Resolution No. 03-16 designating County Road E 1600 (O'Connell Street), from East 23rd Street (Kansas Highway 40) to County Road N 1300) as a primary arterial highway pursuant to K.S.A. 68-580 et seq.; </LI> <LI>Pull the item "Planning Item: CUP-12-16-02: Approval of conditions for Conditional Use Permit request for Eudora Quarry #68. The property is generally described as being located at the northwest corner of N 1200 Road and E 2400 Road. Requested by N.R. Hamm Quarry, Inc., for Katherine L. Neis, property owner of record. This item was originally approved by the County Commission on May 21, 2003 with approval of conditions deferred to a later meeting; and</LI> <LI>Approve Cooperation Agreement between the City of Lawrence and Douglas County concerning the engineering design and construction of O'Connell Street improvements.</LI></UL> <P><STRONG>PLANNING 07-02-03</STRONG></P> <P><U>CUP-12-16-02; APPROVAL OF CONDITIONS AND RESTRICTIONS FOR CONDITIONAL USE PERMIT FOR EUDORA QUARRY #68; NORTHWEST CORNER OF N 1200 ROAD AND E 2400 ROAD</U><BR>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;<BR>This item has to do with CUP-12-16-02: Conditional Use Permit request of N.R. Hamm Quarry, Inc. for its Eudora Quarry #68.&nbsp; On May 21, 2003, the Board determined it would approve the CUP, conditioned upon finalization and approval of appropriate conditions and restrictions.&nbsp; At that meeting the Board gave instructions to Planning Staff regarding revisions to make to the conditions and restrictions that the Lawrence-Douglas County Planning Commission recom mended.&nbsp; This item is on the agenda for consideration of the revised conditions and restrictions.</P> <P>&#160;Brian Pedrotti, staff member of the Lawrence-Douglas County Planning Depart ment introduced this matter.&nbsp; After the May 21, 2003 meeting, Pedrotti met with Dan Watkins, attorney for the applicant, regarding finalization of the conditions and restrictions.&nbsp; Pedrotti presented revised conditions and restrictions and referenced a letter from Watkins to the Board dated July 2, 2003 outlining a few differences between Pedrotti's understanding of the Board's instructions and Watkins understanding of the Board's instructions.</P> <P>The Commissioners discussed Watkins' July 2, 2003 letter and concluded that the revisions requested in that letter were generally consistent with the Board's May 21, 2003 discussion.</P> <P>Commissioner Jones suggested that the tonnage fee should be indexed annu ally, not every 5 years.&nbsp; Commissioner Jones also suggested that the conditions and restrictions should be silent on asphalt/concrete batch plants, rather than even referencing a future temporary business permit.</P> <P>Chairman Johnson suggested that his recollection was that wells &amp; springs would not be included in a pre-blast survey, but Commissioner Jones thought it should be kept in because that was a concern of the neighboring property owners.</P> <P>Dan Watkins, attorney for Hamm Quarry, stated that the previous discussion was consistent with his recollection of the May 21, 2003 meeting.&nbsp; Regarding recla mation of the Petefish quarry east of the creek, Watkins agreed that the CUP should not require reclamation "within one year" quarrying begins in the new quarry area, rather than "around the time" quarrying begins.</P> <P>Adra Burks, attorney for the opponents, stated that she had not met with Plan ning Staff since the May 21, 2003 meeting.&nbsp; Burks made a number of observa tions and complaints about the revised conditions and restrictions, including: the legal description in the CUP application is incorrect; the CUP should be make clear that an asphalt/concrete plant not be used on the site; that the blasting time limitations are too vague; whether a hydrologic study would be required prior to blasting is unclear; that the fence repair requirements along N 1200 Rd are too vague; that the north 32 acres of the existing quarry north of the initial 40 acre Petefish quarry is subject to a CUP, but planning staff has not located the CUP; that there is no reclamation obligation for the 40 acres of the existing quarry; that as the CUP is written, over 100 acres could be open for quarrying without having to do any reclamation and that the Board should request a specific reclamation plan; that it is not clear when the site access and road restrictions commence; that Hamm Quarry should have no input concerning road restrictions along Route 1061, that is a decision for public officials; that a stock sale of Hamm Quarry would not require approval by the Board; and that a 30 year CUP is too long given potential development in the area.</P> <P>Chairman Johnson noted that this is a quarry that would be used intermittently, meaning that it might not have activity for several months and then might have intense activity for a period of time.&nbsp; The intent of requiring Hamm Quarry to communicate with public officials concerning Route 1061 traffic was to require notification prior to the intense activity.&nbsp; Commissioner Jones suggested revising Section XI (h) (as presented in Watkins' July 2, 2003 letter to the Board) so that it is consistent with this intent.</P> <P>Commissioner Jones noted that being silent on a future asphalt/concrete plant d&#160;s not condone the plant.&nbsp; He also stated that he believes the conditions and restrictions adequately address reclamation issues.&nbsp; Commissioner Jones noted that the Petefish quarry d&#160;s not currently have a reclamation requirement under state statute and granting the CUP will ensure reclamation of that site.</P> <P>Commissioner Jones made a motion for Planning Staff to revise the conditions and restrictions in accordance with the discussion of the Board, with a specific request to double check the CUP reclamation requirements regarding the Petefish quarry, and bring the revised conditions and restrictions back to the Board no later than July 9, 2003. Chairman Johnson seconded and the motion carried unanimously.</P> <P><STRONG>ZONING 07-02-03</STRONG><BR>The Board considered a request received by Tom and Tempest Stein for a variance of Home Rule Resolution No. 02-3-1, which resolution requires a 250' road frontage, and a variance from a City of Lawrence/Douglas County Joint Resolution No. 98-54, Ordinance 7054, which abolishes private roads. Tempest Stein made a brief presentation noting their desire to split their property currently consisting of 15.2 acres. The Steins wish to sell the existing residence and build another on five acres if the variance is granted. Keith Dabney, Director of Zoning &amp; Codes, was also present for the discussion. Dabney recommended denial of the request. Johnson indicated that he was not in support of the request. Jones noted that he was also not in support of the request. No action was taken.</P> <P><STRONG>MISCELLANEOUS 07-02-03</STRONG><BR>At 7:50 P.M., Jones made a motion that the Board go into executive session for ten (10) minutes with Craig Weinaug, County Administrator, to discuss possible acquisition of land. Motion was seconded by Johnson and carried unanimously. The Board returned to regular session at 8:00 P.M. No action was taken.</P> <P><STRONG>BUDGET 07-02-03</STRONG><BR>The Board conducted additional budget hearings. No action was taken.</P> <P>&#160;Jones moved for adjournment; McElhaney seconded and the motion carried unanimously.</P> <P>______________________________&nbsp;________________________________<BR>Bob Johnson, Chair&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P>______________________________&nbsp;________________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P>

<P>Johnson called meeting to order at 9:00 A.M. on Monday, July 7, 2003.&nbsp; All members were present. The Pledge of Allegiance was recited.</P> <P>Jones made a motion to approve the minutes of April 16, 2003. McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>CONSENT AGENDA 07-07-03</STRONG><BR>Jones made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Contract(s) for Highway Purposes for Project No. 23C-3688- 01 -- County Route 1029; E 600 Road.</LI></UL> <P>Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>BUDGET 07-07-03</STRONG><BR>The Board conducted 2004 budget hearings. No action was taken.</P> <P><STRONG>ACCOUNTS PAYABLE 07-07-03</STRONG><BR>McElhaney moved approval of accounts payable in the amount of $312,952.64 to be paid 7/7/03; and ACH Transfer in the amount of $1,484,423.13 to be paid 8/1/03. Motion was seconded by Jones and carried unanimously.</P> <P>Jones moved for adjournment; McElhaney seconded and the motion carried unanimously.</P> <P>____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P>

<P>Johnson called meeting to order at 6:39 P.M. on Wednesday, July 9, 2003.&nbsp; All members were present. The Pledge of Allegiance was recited.</P> <P>McElhaney moved approval of the minutes of May 21, 2003. Motion was sec onded by Jones and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 07-09-03</STRONG><BR>Paula Phillips, Director of Emergency Management, conducted a brief presenta tion in recognition of volunteers who contributed to the May 8, 2003 tornado response and recovery. </P> <P><STRONG>CONSENT AGENDA 07-09-03</STRONG><BR>Jones made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5148. Order is on file in the office of the County Clerk.</LI></UL> <P>McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>RURAL WATER &amp; PLANNING 07-09-03</STRONG><BR>On April 16, 2003, the Board conducted a public hearing regarding the Petition for Attachment of Land to Rural Water District #4. At that time, the Board directed tabled this item pending review and comment from the Lawrence- Douglas County Metropolitan Planning Commission. At its meeting on 5/28/03, the Planning Commission forwarded the following formal comment on the proposed expansion of the RWD #4 service boundary in island annexations, with the recommended inclusion of the following revised conditions:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>1.&nbsp;Undeveloped properties in the enlargement area and within the 3-mile planning boundaries of Lawrence, Eudora and Baldwin shall be platted before receiving new water meters or service lines from RWD #4;<BR>2.&nbsp;RWD #4 waives their statutory right to compensation for infrastructure and meters located on lands within the island annexations and an nexed by the City that meet all of the following conditions:<BR>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;a.&nbsp;The lands are within the 3-mile planning boundary of an incor porated city of Douglas County;<BR>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;b.&nbsp;Properties not provided water service by RWD #4 as of the date of the district service area adjustment; and<BR>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;c.&nbsp;Meters and/or other infrastructure are not reusable by the City upon annexation.<BR>3.&nbsp;RWD #4 will not waive compensation rights for any properties currently receiving service from RWD #4, regardless of the property's location within or outside the 3-mile planning boundary of any incorporated city; and<BR>4.&nbsp;RWD #4 and the City will negotiate a fair market price for compensa tion to be paid to RWD #4 for meters and/or other infrastructure that is reusable by the City when upon annexation.</P></BLOCKQUOTE> <P>Jones requested clarification regarding platting restrictions, i.e., d&#160;s it apply to all of the area within three (3) miles or just in the newly annexed area. Linda Finger, Director of the Lawrence-Douglas County Metropolitan Planning Depart ment, explained that the minutes reflect that it was the enlargement area which is a subset of the three (3) miles. </P> <P>John Nitcher, speaking on behalf of the water district, presented a map of the district indicating a yellow territory, which is the established district, and a blue territory which indicates parcels the district serves but are not formally in the district. It is the district's desire to bring the blue territory into the district to solve some administrative problems. According to the district's bylaws, only property owners within the defined boundaries (the yellow area) can participate as members of the district. This means that there are individuals who have been served by the district for as many as thirty (30) years, who are not allowed to vote at the annual meeting or to hold office on the Board. Nitcher noted that the request includes only those parcels that are presently served or that the district has easements across. </P> <P>After a lengthy discussion, it was the consensus of the Commission to table consideration of this petition until the Urban Growth Area recommendations anticipated from the Planning Commission have been received and acted upon by the County Commission. </P> <P><STRONG>COMMUNITY CORRECTIONS &amp; GRANTS 07-09-03</STRONG><BR>The Board considered approval of the FY 2004 Community Corrections Grant Funds; FY 2004 Carryover Reimbursement Plan, and amendments to FY2003 Condition Violator Grant and FY2003 Community Corrections Grant Budget. Ron Stegall, Director of Community Corrections, was present for the discussion. Jones moved approval of the FY 2004 Community Corrections Grant Funds; FY 2004 Carryover Reimbursement Plan, and amendments to FY2003 Condition Violator Grant and FY2003 Community Corrections Grant Budget. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>RESOLUTIONS 07-09-03</STRONG><BR>The Board considered approval of HR-03-7-3, a Resolution of the Board of County Commissioners of Douglas County, Kansas Imposing Regulations and Criminal Penalties on Owning and Possessing Vicious Dogs in Douglas County, Kansas. Jones moved approval of HR-03-7-3; McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>BUDGET 07-09-03</STRONG><BR>Jones made a motion to authorize Notice of Publication of Hearing of 2004 Budget to be held at 6:35 P.M. on Wednesday, August 13, 2003. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>PLANNING 07-09-03</STRONG><BR>On May 21, 2003, the Board considered approval of CUP-12-16-02: a Condi tional Use Permit request for Eudora Quarry #68. The property is generally described as being located at the northwest corner of N 1200 Road and E 2400 Road.&nbsp; Requested by N. R. Hamm Quarry, Inc., for Katherine L. Neis, property owner of record.&nbsp; The Board approved CUP-12-16-02, contingent upon finaliza tion of the conditions and restrictions in accordance with the discussions held during the hearing. The Board directed Staff to revise the conditions in accor dance with the discussions for consideration. Staff presented the following Findings of Fact and Conclusions of Law:</P> <P><STRONG>FINDINGS OF FACT</STRONG></P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>1. &nbsp;N.R. Hamm Quarry, Inc. ("Hamm Quarry") as the tenant of real estate owned by Katherine L. Neis has filed an application for a Conditional Use Permit ("CUP Application") to operate a quarry on approximately 129 acres of real estate located near the Northwest corner of N 1200 Rd. and E 2400 Rd.</P> <P>2. &nbsp;The CUP would allow Hamm Quarry to expand a quarry that it currently operates immediately to the South of the subject site.</P> <P>3. &nbsp;The subject site is located in an "A" Agricultural District.</P> <P>4. &nbsp;By Staff Report dated February 6, 2003, the Lawrence-Douglas County Metropolitan Planning Staff recommended that the CUP Application be granted, subject to certain conditions set forth therein.</P> <P>5. &nbsp;On February 26, 2003, the Lawrence-Douglas County Metropolitan Planning Commission and the Planning Commission for the City of Eudora, Kansas held a joint public hearing on the CUP Application.&nbsp; At the conclusion of the public hearing, the Lawrence-Douglas County Metropolitan Planning Commission voted unanimously (9-0) to recom mend approval of the CUP Application, subject to certain conditions set forth in its Minutes from that meeting.&nbsp;&nbsp; The Planning Commission for the City of Eudora voted unanimously (4-0) to recommend denial of the CUP Application.</P> <P>6.&nbsp;On March 12, 2003, a protest petition was filed with the Douglas County Clerk and on March 31, 2003, the Douglas County Clerk certified the protest petition as valid.</P> <P>7.&nbsp;On May 14, 2003, the Board of County Commissioners of Douglas County, Kansas (the "Board") commenced a public hearing regarding the CUP Application.&nbsp; This hearing was adjourned to May 21, 2003 to address a concern raised by Dan Watkins, the attorney for Hamm Quarry, as to whether the protest petition was valid.</P> <P>8.&nbsp;By document dated May 14, 2003, with Dan Watkins concurring, the Douglas County Clerk re-certified the protest petition as valid.</P> <P>9.&nbsp;On May 21, 2003, the Board reconvened the adjourned May 14, 2003 public hearing.&nbsp; The May&nbsp; 21, 2003 hearing was lengthy and the Board allowed all persons present at the hearing to provide comments.&nbsp; A summary of comments received is set forth in the Minutes of the Board.<BR>10.&nbsp;The subject site will not be used as a year-round quarry.&nbsp; The site will only be used when Hamm Quarry has a particular project in the area that needs rock from this quarry.&nbsp; There may be long periods of time when rock is not being extracted from the subject site followed by shorter periods of fairly intense usage.&nbsp; This is not a 365 day per year operation.&nbsp; For example, in the past 10 years, there were only two four month periods when there was blasting and crushing activity at the existing quarry.&nbsp; Hamm Quarry has made clear that the expanded quarry will be operated in a similar manner.</P> <P>11.&nbsp;There is a slight difference between the metes and bounds legal descrip tion and the site drawing contained in Hamm Quarry's CUP Application, but the CUP Application makes clear the intent that the CUP cover the property shown in the site drawing.&nbsp; All discussions relating to the CUP Application were based upon the site drawing.&nbsp; Based upon real estate that Katherine L. Neis owns, as contained in the Douglas County land records, the legal description for the real estate covered by the CUP is as follows:</P> <P>The North Half of the&nbsp; Southeast Quarter of Section 15, Township 13, Range 21 in Douglas County; the South Half of the Southwest Quarter of the Northeast Quarter of Section 15; All of the Southeast Quarter of the Northeast Quarter of Section 15, LESS that part on the East side thereof comprising about ten (10) acres conveyed by Levi Woodward and Sarah A. Woodward, his wife, to Henry S. Crumrine on March 18, 1867, subsequently described as follows: Commencing at the Southeast corner of the Northeast Quarter of Section 15, Township 13, Range 21; thence North 34 1/4 degrees West 14.47 Chains; thence North 3 1/4 degrees West 5 Chains; thence North 40 1/2 degrees East 3 Chains; thence North 60 degrees East 2.43 Chains; thence East on the Quarter Section line 4.44 Chains to the Section line; thence South on the Section line 80 rods to place of beginning; and LESS the following, containing one acre, more or less: Beginning at a point in the Northwest corner of the West Three-Fourths of the Southeast Quarter of the Northeast Quarter of said Section 15; thence running South Ten (10) rods; thence East Sixteen (16) rods; thence North Ten (10) rods; thence West Sixteen (16) rods to the place of beginning.</P> <P>This legal description will be contained on the face of the CUP plan.</P> <P>12.&nbsp;The foregoing legal description and the site drawing in the CUP Applica tion is what the Lawrence-Douglas County Planning Office used to determine property owners within 1,000 feet of the subject site for purposes of sending notification prior to the Planning Commission hearing and is also what was used for determining the adequacy of the protest petition.</P></BLOCKQUOTE> <P><STRONG>CONCLUSIONS OF LAW</STRONG></P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>1.&nbsp;The Board has the authority to review and to either approve or disap prove an application for a Conditional Use Permit under K.S.A. 12-755(a)(5) and Article 19 of the Douglas County Zoning Regulations.</P> <P>2.&nbsp;Conditional use permits are based upon the zoning power granted by the State but, by definition, empower governing bodies to impose conditions upon the granting of such permits to protect the health, safety and welfare of the public.</P> <P>3.&nbsp;The Douglas County Zoning Regulations allow the Board to approve a CUP for a quarry located in an "A" Agricultural District.</P> <P>4.&nbsp;Because a valid protest petition was filed, Section 19-1.05 of the Douglas County Zoning Regulations requires at least a 3/4th vote of all members of the Board to approve the CUP Application.&nbsp; With only three members of the Board, unanimous approval is required.</P> <P>5.&nbsp;Section 19-1.02 of the Douglas County Zoning Regulations require the consideration of relevant facts, including the following, in determining to grant a conditional use permit:</P> <P>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;a.&nbsp;The zoning uses of properties nearby.<BR>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;b.&nbsp;Character of the area.<BR>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;c.&nbsp;Suitability of the subject property for the uses to which it has been restricted.<BR>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;d.&nbsp;Length of time the property has remained vacant as zoned.<BR>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;e.&nbsp;Extent to which the change will detrimentally affect the nearby prop erty.<BR>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;f.&nbsp;Relative gain to the public health, safety, and welfare by destruction in value of the petitioner's property as compared to the hardship imposed upon the individual landowners.<BR>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;g.&nbsp;Conformance with the Comprehensive Plan.<BR>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;h.&nbsp;Professional staff recommendation.</P> <P>These factors are virtually identical to and incorporated from the consid erations set forth in applicable Kansas cases.&nbsp; See Golden v. City of Overland Park, 224 Kan. 591, 584 P.2d 130 (1978) (setting forth a list of factors (referred to as the "Golden factors") for consideration in rezoning cases); K-S Center Co. v. City of Kansas City, 238 Kan. 482, 494-95, 712 P.2d 1186 (1986) (stating that the rules governing issuance of a conditional use permit are similar to those factors applicable in rezoning cases).</P> <P>6.&nbsp;Section 19-4(5) of the Douglas County Zoning Regulations specifically recognizes that development of natural resources, such as the limestone on the instant real estate, should be allowed within zones reserved for their development and production, to guarantee that these sources will not be forever lost for the benefit of Douglas County, Kansas.</P> <P>7.&nbsp;With respect to the foregoing factors, the Board makes the following findings:</P> <P>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;a.&nbsp;Zoning and uses of property nearby.&nbsp; The subject property is located west of E 2400 Road adjacent to the Johnson County line and north of N 1200 Road. The site is agriculturally zoned and used for row crops and pasture.&nbsp; Surrounding property is also row crop and pastureland with scattered residences. The existing quarry site, which contains rock deposits similar to what Hamm Quarry believes is at the subject site, is adjacent to the South of the subject site.</P> <P>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;b.&nbsp;Character of the area.&nbsp; The character of the area is largely agricul tural in nature with some single-family residences and the existing quarry to the South.</P> <P>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;c.&nbsp;Suitability of subject property for the uses to which it has been re stricted. The subject site is suited for the Agricultural District uses to which it is restricted.&nbsp; A quarry is permitted in this zoning district, provided that the Board approves the CUP Application.&nbsp; Proximity to the existing quarry and rock deposits at the subject site, however, make the subject site well-suited for a quarry.</P> <P>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;d.&nbsp;Length of time subject property has remained vacant as zoned. The subject site has been zoned A (Agricultural) since 1966, when Zoning Regulations were adopted in Douglas County.</P> <P>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;e.&nbsp;Extent to which removal of restrictions will detrimentally affect nearby property.&nbsp; The Conditions and Restrictions of Use hereby adopted will minimize any detrimental impacts to adjacent property.&nbsp; These include conditions to provide reclamation of the existing quarry as well as the new site; provisions for a drainage study; pre-blast sur veys; a fencing and screening plan; an imposed fee per ton of mate rial removed from the new quarry (indexed for inflation), which will be used to help maintain County roads; restrictions including setbacks from existing residences, property lines, and waterways; time limita tions on quarry activity; dust controls; restrictions on truck routes to keep trucks off of township roads to the maximum extent possible; and requirements for cleanup of material spillage.&nbsp; Provisions for a review of the CUP at five year intervals will ensure continuous moni toring of the Conditions and Restrictions of Use. </P> <P>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;f.&nbsp;Relative gain to the public health, safety and welfare by the destruc tion of the value of the petitioner's property as compared to the hardship to imposed upon the individual landowner.&nbsp; With the imposi tion of the Conditions and Restrictions of Use adopted herein, the quarry will not adversely affect the public health, safety or welfare.&nbsp;&nbsp; The fencing and screening plan, to be approved by the Board prior to commencement of operations, will be designed to appropriately contain quarrying operations on the subject site.&nbsp; Likewise, granting the CUP Application will not create unreasonable traffic safety issues.&nbsp; Traffic safety matters concerning County Route 1061 are discussed below.&nbsp; Conditions requiring Hamm Quarry to pay for certain road improvements and maintenance expenses for N 1200 Rd. between the subject site and Route 1061 will enhance the safety on that township road.</P> <P>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;g.&nbsp;Conformance with the Comprehensive Plan.&nbsp; Horizon 2020 d&#160;s not directly address the issuance of CUPs for quarry operations.&nbsp; The proposed location of the quarry, however, is adjacent to an existing quarry and is in conformance with Horizon 2020.&nbsp; Analogizing the quarry use to industrial use, Horizon 2020 actually encourages granting the CUP Application.&nbsp; Chapter 7, Industrial and Employment Related Land Use, Policy 1.4 provides opportunities for limited industrial development in unincorporated areas of Douglas County and encourages limited expansion of existing industrial areas.&nbsp; Because of the Conditions and Restrictions of Use, granting the CUP Application will be a limited expansion of the existing quarry.</P> <P>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;h.&nbsp;Professional staff recommendation.&nbsp; Granting the CUP Application is consistent with the recommendations of the Lawrence-Douglas County Metropolitan Planning Commission staff.&nbsp;&nbsp; As stated in the Staff Report, any detrimental effect is mitigated by imposition of Conditions and Restrictions of Use.</P> <P>8.&nbsp;Reclamation of the site was discussed at length.&nbsp; The plan of reclama tion for the site as proposed in the CUP Application is acceptable to the Board, but Hamm Quarry shall comply with all other provisions of the Conditions and Restrictions of Use and Kansas statutes relating to reclamation.&nbsp; For example, a condition imposed in approving the CUP Application is that Hamm Quarry reclaim&nbsp; the existing quarry that it has operated since before Douglas County adopted its Zoning Regulations and since before Kansas statutes imposed reclamation requirements.&nbsp; To the extent that Hamm Quarry currently has no legal obligation to reclaim that quarry, approving the CUP Application imposes a reclama tion obligation upon Hamm Quarry and this reclamation provides a benefit to the neighborhood.</P> <P>9.&nbsp;Blasting at the site was discussed at length.&nbsp; Opponents to the CUP Application expressed fears that blasting will damage their properties or adversely affect streams and wells, but did not provide any expert evidence on this issue.&nbsp; David Dresler, an explosives expert from Dresler &amp; Associates, however, did provide testimony that the Board finds to be credible.&nbsp; He stated that blasting vibrations caused by blasting are highly regulated by other governmental agencies and that those regulations are sufficient to prevent property damage.&nbsp; As an example of how safe the blasting can be, he stated that other quarries that have high pressure gas pipelines running through them can blast without damaging the pipelines.&nbsp; He also stated that blasting vibrations do not affect acquifers or ground water table.&nbsp; In any event, the pre-blast survey required in Section V of the Conditions and Restrictions of Use imposed on the CUP will provide neighboring property owners with a baseline as to the condition of their property prior to the blasting.&nbsp; Likewise, particularly in light of statements of David Dresler, the Board finds that the storage of explosives at the subject site is heavily regulated by other governmental agencies and that the general public is adequately protected without additional storage regulations.</P> <P>10.&nbsp;The Board declines to adopt the opponents' suggestion to deny the CUP Application based upon their claim that there is no "need" for the rock that will be quarried at the site.&nbsp; First, no credible evidence has been provided that there is no need for the rock.&nbsp; The cost of hauling rock is a large portion of the expense of delivered rock.&nbsp; Thus, the fact that Hamm Quarry or its competitors have other quarries in Douglas County and surrounding counties d&#160;s not mean that there is no need for this quarry in this particular area.&nbsp; The Board concludes that a quarry in this particu lar area will benefit the community as a whole because the quarry will provide a source of rock in the area with lower hauling costs.&nbsp; Hamm Quarry would not have filed its CUP Application if it thought that there is not a need for the rock.&nbsp; In addition, denying the CUP Application based upon a perceived lack of need is legally questionable.&nbsp; For instance, when the City of Lawrence denied an application for a Use Permitted Upon Review for a new hospital in Lawrence based upon a lack of need for a new hospital, the Douglas County District Court determined that City Commission had exceeded its legal authority and directed the City to approve the UPR permit.&nbsp; See American Medicorp Development Co. v. City of Lawrence, Douglas County District Court Case No. 97C51.&nbsp;&nbsp; On appeal, the Court of Appeals reversed the District Court because it determined the case was moot, without reaching the City Commission's needs based analysis.&nbsp; See American Medicorp Development Co v. City of Lawrence, 996 P.2d 849 (Kan. App. 2000) (unpublished opinion).</P> <P>11.&nbsp;Concerns relating to traffic safety on County Route 1061 were discussed at length, but the Board concludes that granting the CUP Application will not create unreasonable traffic safety conditions on Route 1061.&nbsp; First it must be pointed out that whenever people oppose a rezoning, one complaint normally raised is that the new land use will cause traffic problems and create traffic safety issues.&nbsp; Just because some oppo nents have objected to the CUP Application based upon traffic safety concerns d&#160;s not mean that granting the CUP Application will create unreasonable traffic safety conditions.&nbsp; The Board concludes that it is speculative to reach such a conclusion in this case.&nbsp; Route 1061 is a rural major collector road and its purpose is to collect traffic from local roads and provide a route to primary arterial roads, which is exactly the plan in this situation.&nbsp; Hamm Quarry already operates a quarry directly to the South of the subject site, which already creates truck traffic when Hamm Quarry has road projects in the area.&nbsp; In addition, as set forth in Finding of Fact No. 10, the subject site will be used intermittently and the expanded quarry will not produce truck traffic all day, every day.&nbsp; Many opponents expressed fears of a 365 day per year operation, which is simply not the case.&nbsp; Other than an outright denial of the CUP Applica tion, no opponents of the CUP Application have provided any specific recommendations on dealing with Route 1061.&nbsp; Therefore, the Condi tions and Restrictions of Use require Hamm Quarry to "take the lead to communicate and cooperate with the Douglas County Public Works Director and Eudora city and school officials on traffic controls on County Road during periods of quarry activity."&nbsp; This will ensure that truck traffic is coordinated during those periods that the site produces truck traffic.&nbsp; Hamm Quarry's compliance with the Conditions and Restriction on Use will be monitored.&nbsp; If Hamm Quarry d&#160;s not cooperate with these governmental agencies in finding solutions to traffic matters that arise, it will risk having the CUP revoked.&nbsp; In addition, traffic safety on Route 1061 is an issue separate from the CUP Application.&nbsp; The Douglas County Public Works Department, the City of Eudora, and the Eudora School District have been engaged in ongoing discussions on ways to enhance safety on Route 1061 as it enters the City of Eudora.&nbsp; The City of Eudora has already engaged a traffic consultant to provide recom mendations concerning safety on the road and these issues will be resolved through cooperation among local governmental agencies.&nbsp; The Board believes that traffic safety can be adequately addressed through speed limits, additional signage, traffic calming devises, and other methods available to the Board, the City of Eudora, and the Eudora public schools.&nbsp; Douglas County, the City of Eudora, and the Eudora public schools have already cooperated to successfully mitigate traffic safety issues during the construction of the new Eudora High School on Route 1061, which is an example of how these agencies can work together to solve issues that arise. Finally, the Restrictions and Condi tions of Use require that Hamm Quarry pay a fee of $0.10 (indexed for inflation) for each ton of rock that is quarried from the new site, which Douglas County will use to help maintain county roads.&nbsp; The Board believes that additional traffic issues may be adequately handled if they arise and that it would be unreasonable for the Board to deny the CUP Application based upon the CUP opponents speculation.&nbsp; The Board concludes that granting the CUP Application will not have a material adverse impact on traffic safety on Route 1061.</P> <P>12.&nbsp;Opponents of the CUP Application expressed concerns about fencing and screening around the site.&nbsp; The Board has determined that appropri ate fencing and screening is advisable, but has not determined the exact fencing and screening that is appropriate.&nbsp; Therefore, a condition has been added to the Conditions and Restrictions of Use that requires Hamm Quarry to submit a fencing and screening plan to the Board for the Board's approval prior to its commencement of operations on the new site.</P> <P>13.&nbsp;Planning Staff originally recommended that the existing quarry be included in and made a part of the CUP Application.&nbsp; The existing quarry is not subject to any fee per ton of rock quarried.&nbsp; Adding it to the CUP Application, however, would serve to impose a $0.10/ton fee on rock that Hamm Quarry can already legally mine without payment of a fee, which the Board declines to do.&nbsp; In addition, increasing the real estate covered by the CUP would raise issues as to whether Hamm Quarry would need to commence the entire CUP process over with respect to that added real estate: new notices to neighbors within 1,000 feet, another public hearing before the Planning Commission, etc.&nbsp; The Board concludes that including additional real estate to the CUP is not necessary to protect public health, safety, morals and general welfare.&nbsp; Requiring Hamm Quarry to reclaim the existing quarry serves to accomplish the major purpose of including the existing quarry and the Board is satisfied with this result.</P> <P>14.&nbsp;The Conditions and Restrictions of Use were extensively discussed and debated.&nbsp; In finalizing the Conditions and Restrictions of Use, the Board considered the recommendations of Planning Staff and the Lawrence-Douglas County Planning Commission, together with state ments of representatives of Hamm Quarry, and statements of neighbor ing property owners.&nbsp; The final Conditions and Restriction on Use adopted herewith contain necessary safeguards to protect the public health, safety, surrounding property, persons and neighborhood values.</P> <P>15.&nbsp;The slight difference between the metes and bounds legal description in the CUP Application and the drawing contained in the CUP Application has not prejudiced any legal rights of any party.&nbsp; It has always been clear that the CUP Application was intended to cover all of Katherine Neis' property to her northern property line.&nbsp; The slight difference did not result in any defective noticing of the CUP Application prior to the Planning Commission hearing, and the slight difference did not result in any different result relating to the protest petition.</P> <P>16.&nbsp;Subject to the Conditions and Restrictions of Use adopted herewith, the Board unanimously concludes that the applicant has met the applicable criteria and, therefore, approves the CUP Application.<BR>McElhaney made a motion to approve the above Findings of Fact and Conclu sions of Law. Motion was seconded by Jones and carried unanimously.</P></BLOCKQUOTE> <P><STRONG>ACCOUNTS PAYABLE 07-09-03</STRONG><BR>McElhaney moved approval of accounts payable in the amount of $401,269.86 to be paid 7/14/03, and accounts payable manual checks in the amount of $766.00.&nbsp; Jones seconded and the motion carried unanimously.</P> <P><STRONG>APPOINTMENTS 07-09-03</STRONG><BR>Johnson reported that he has met with Lawrence City Mayor David Dunfield regarding two (2) openings on the Economic Development Board. Dunfield and Johnson would like to appoint Jim Roberts who is with the University of Kansas Center for Research and Rich Kaplan, Executive Director of the K-10 Associa tion, to the Economic Development Board. Jones made a motion to ratify the Chair's appointment of Roberts and Kaplan to the Economic Development Board; McElhaney seconded and the motion carried unanimously.</P> <P>Johnson moved for adjournment.&nbsp; Jones seconded and the motion carried.</P> <P>_____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P>

<P>Johnson called meeting to order at 8:58 A.M. on Monday, July 28, 2003, with Johnson and McElhaney present. Jones was present via speaker phone. The Pledge of Allegiance was recited.</P> <P><STRONG>PROCLAMATION 07-28-03</STRONG><BR>Johnson read a proclamation proclaiming the week of August 1-7, 2003 as "International Clown Week." Rita Winter, a/k/a Dizzy the Clown, conducted a brief presentation. McElhaney made a motion to adopt the proclamation as read, seconded by Jones and carried unanimously.</P> <P><STRONG>CONSENT AGENDA 07-28-03<BR></STRONG>McElhaney moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5149, 5150, 5151, 5152, 5153, 5154, and 5155. Orders are on file in the office of the County Clerk;</LI> <LI>Note receipt fee reports for the month of June 2003; and</LI> <LI>Appoint the following members to the Douglas County Emergency Management Board, and nominate them to the Kansas Commission on Emergency Response and Planning as the Local Emergency Planning Committee for Douglas County:</LI></UL> <P> <TABLE borderColor=black cellSpacing=0 cellPadding=0 border=1> <TBODY> <TR> <TD style="WIDTH: 154px; HEIGHT: 20px"><STRONG>LEPC Groups</STRONG></TD> <TD style="WIDTH: 395px; HEIGHT: 20px" colSpan=2><STRONG>Persons </STRONG><STRONG></STRONG></TD> <TD style="WIDTH: 97px"><STRONG>Term</STRONG></TD></TR> <TR> <TD style="WIDTH: 154px; HEIGHT: 20px"> <P>Elected Officials</P> <P></P> <P></P></TD> <TD style="WIDTH: 429px; HEIGHT: 20px" colSpan=2>Bob Newton, appointee of Douglas County Commission<BR>Bill Winegar, appointee of Baldwin City Council<BR>Bud Waugh, appointee of Lawrence City Commission<BR>Mike Yanez, Eudora City Council<BR>Jeff Goodrick, appointee of Lecompton City Council</TD> <TD style="WIDTH: 97px">One year,<BR>2003-2004</TD></TR> <TR> <TD style="WIDTH: 154px; HEIGHT: 20px"> <P>Law Enforcement</P> <P></P> <P></P></TD> <TD style="WIDTH: 429px; HEIGHT: 20px" colSpan=2>Sheriff Rick Trapp, Douglas County Sheriff's Office<BR>Chief Ron Olin, Lawrence Police Department<BR>Chief Mike McKenna, Baldwin Police Department<BR>Chief Greg Dahlem, Eudora Police Department<BR>John Mullens, appointee of Director of KU Public Safety</TD> <TD style="WIDTH: 97px"> <P>Permanent</P></TD></TR> <TR> <TD style="WIDTH: 154px; HEIGHT: 20px"> <P>Emergency<BR>Management</P></TD> <TD style="WIDTH: 429px; HEIGHT: 20px" colSpan=2>Jane Blocher, Executive Director of Douglas County<BR>Chapter of the American Red Cross </TD> <TD style="WIDTH: 97px"> <P>Three year,<BR>2002-2005</P></TD></TR> <TR> <TD style="WIDTH: 154px; HEIGHT: 20px"> <P>Fire/Emergency<BR>Medical</P></TD> <TD style="WIDTH: 429px; HEIGHT: 20px" colSpan=2>Chief Jim McSwain, Lawrence/Douglas County Fire &amp; Medical<BR>Chris Lesser, Douglas County Fire Chief's Association</TD> <TD style="WIDTH: 97px"> <P>Permanent<BR>Three year,<BR>2003-2005</P></TD></TR> <TR> <TD style="WIDTH: 154px; HEIGHT: 20px"> <P>Health</P></TD> <TD style="WIDTH: 429px; HEIGHT: 20px" colSpan=2> <P>Richard Ziesenis, appointee of Director, Douglas County<BR>Health Department</P></TD> <TD style="WIDTH: 97px"> <P>Permanent</P></TD></TR> <TR> <TD style="WIDTH: 154px; HEIGHT: 20px">Environment</TD> <TD style="WIDTH: 429px; HEIGHT: 20px" colSpan=2>Mike Russell, KU Health &amp; Environmental Safety, ap<BR>pointee of KU Provost</TD> <TD style="WIDTH: 97px">Three year,<BR>2001-2004</TD></TR> <TR> <TD style="WIDTH: 154px; HEIGHT: 20px">Hospital <BR></TD> <TD style="WIDTH: 429px; HEIGHT: 20px" colSpan=2>Robert Trepinski, appointee of CEO Lawrence Memorial<BR>Hospital</TD> <TD style="WIDTH: 97px">Permanent</TD></TR> <TR> <TD style="WIDTH: 154px; HEIGHT: 20px">Transportation</TD> <TD style="WIDTH: 429px; HEIGHT: 20px" colSpan=2>Shane Munsch, Astaris</TD> <TD style="WIDTH: 97px">Three year,<BR>2000-2003</TD></TR> <TR> <TD style="WIDTH: 154px; HEIGHT: 20px">Facility, Industry</TD> <TD style="WIDTH: 429px; HEIGHT: 20px" colSpan=2>J&#160; Souders, API Foils </TD> <TD style="WIDTH: 97px">Three year,<BR>2001-2004</TD></TR> <TR> <TD style="WIDTH: 154px; HEIGHT: 20px">Education</TD> <TD style="WIDTH: 429px; HEIGHT: 20px" colSpan=2>Rick Gammill, Lawrence Public Schools<BR>Rod Moyer, Eudora Public Schools<BR>Jim White, Baldwin City Public Schools</TD> <TD style="WIDTH: 97px">Three year,<BR>2001-2004</TD></TR> <TR> <TD style="WIDTH: 154px; HEIGHT: 20px"> <P>Community Group </P> <P></P></TD> <TD style="WIDTH: 429px; HEIGHT: 20px" colSpan=2>Dwayne Fuhlhage, East Hills Business Park Group<BR>David Morrissey, Roger Hill Volunteer Center<BR>Marcia Epstein, Headquarters </TD> <TD style="WIDTH: 97px">Three year,<BR>2003-2005</TD></TR> <TR> <TD style="WIDTH: 154px; HEIGHT: 20px">Communications/<BR>Media</TD> <TD style="WIDTH: 429px; HEIGHT: 20px" colSpan=2>Lisa Patterson, Communications Coordinator, City of Lawrence</TD> <TD style="WIDTH: 97px">Three year,<BR>2001-2004</TD></TR> <TR> <TD style="WIDTH: 154px; HEIGHT: 20px">Emergency <BR>Communications</TD> <TD style="WIDTH: 429px; HEIGHT: 20px" colSpan=2>Jim Denney, Emergency Communications Center</TD> <TD style="WIDTH: 97px">Permanent</TD></TR> <TR> <TD style="WIDTH: 154px; HEIGHT: 20px">Chemical <BR>Emergency<BR>Preparedness</TD> <TD style="WIDTH: 429px; HEIGHT: 20px" colSpan=2>Allen Rogers, Farmland Industries</TD> <TD style="WIDTH: 97px">Three year,<BR>2001-2004</TD></TR> <TR> <TD style="WIDTH: 154px; HEIGHT: 20px">Social Service<BR>Agency</TD> <TD style="WIDTH: 429px; HEIGHT: 20px" colSpan=2>Frank Scheetz, SRS</TD> <TD style="WIDTH: 97px">Three year,<BR>2003-2006</TD></TR> <TR> <TD style="WIDTH: 154px; HEIGHT: 20px">Utility</TD> <TD style="WIDTH: 429px; HEIGHT: 20px" colSpan=2>Richard Flannery, KPL/Western Resources </TD> <TD style="WIDTH: 97px">Three year,<BR>2003-2006</TD></TR></TBODY></TABLE></P> <P><STRONG> <TABLE borderColor=black cellSpacing=0 cellPadding=0 border=1> <TBODY> <TR> <TD style="WIDTH: 326px; HEIGHT: 20px"><STRONG>Officers: <BR>J&#160; Souders, Chair <BR>Dwayne Fuhlhage, Vice Chair</STRONG></TD> <TD style="WIDTH: 356px; HEIGHT: 20px"><STRONG>Executive Committee Members:<BR>Robert Trepinski<BR>Richard Flannery<BR>Shane Munsch</STRONG></TD></TR></TBODY></TABLE></STRONG></P> <P>Jones seconded and the motion carried unanimously.</P> <P><STRONG>PLANNING 07-28-03</STRONG><BR>The Board considered SP-06-42-03 — Heritage Baptist Church; 1781 E 800 Road. Sandra Day, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. This site plan was submitted following complaints regarding onsight lighting that was not shown as part of the originally approved site plan (SP-01-03-02). The proposed site plan shows the location of a recently erected flagpole; monument lights and parking lot lights. The existing pole is 80' tall. The existing lighting is mounted 12' above grade on separate poles. The site plan d&#160;s not detail the mounting height or the direction of illumination for any lighting on the site. Typically structures in the A (Agricultural) District are limited to 35' tall. Section 21-3.01 specifically exempts several elements from the height limitations including flag poles and monuments.</P> <P>The County Commission approved the site plan on February 4, 2002 subject to several conditions relating to notes and corrections that were required to be shown on the face of the site plan. The previously approved site plan did not include the monument pole or parking lot lighting. </P> <P>The following code citations are provided for reference related to this request:</P> <P><STRONG>Section 19A-4 Site Plan Contents:</STRONG></P> <P>A site plan shall:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>12. Show the proposed location, indicate direction, and list amount of illumination of proposed lighting. Provide information on screening proposed for the lighting and steps taken to prevent glare.</P> <P>Section 21-3 Modification of Height Regulations<BR>Section 21-3.01. Except in an Airport Hazard District, the height regulations as prescribed in this Resolution shall not apply to:</P> <P>7. Flag poles<BR>10. Monuments</P></BLOCKQUOTE> <P><STRONG>Summary:</STRONG><BR>Insufficient information is provided to assess the lighting for the site. The parking lot lighting appears to have some gaps in coverage and may also have some extremes of high and low lighting levels across the site creating "hot spots" directly under the light standards and no lighting or minimal lighting across the site. The County Zoning Regulations do not provide a standard of assessment of existing lighting levels and light pollution. There is a general criterion that all lights should be shielded and directed downward. With regard to lighting of the flag, lights should be directed in a manner that d&#160;s not result in exposed bulbs and detract drivers on adjacent right-of-way.</P> <P>Section 19A-5 of the County regulations state that before making a report to the Board of County Commissioners, the planning staff shall first find that certain conditions have been met such as consistency with the zoning district, access, trash disposal, etc. It must also be found "The proposed arrangement of build ings, off-street parking, access, lighting, landscaping and drainage is compatible with adjacent land uses." There are no specific changes proposed to the site that affect the major elements of this site (building and parking lot improvements). As stated the lack of lighting detail d&#160;s not allow for a complete assessment. Supplementary documentation regarding the lighting details is necessary to assess light pollution on adjoining properties. Lack of specific performance standards stated in the Zoning Regulations, staff recommends that the applica tion position lighting so that no bulbs are directly exposed. A point by point photometric plan would help the applicant assess the adequacy of the existing parking lot lighting to assure that a uniform coverage is provided not leaving very bright or dark spots within the parking lot for safety. Additionally, the number of light standards surrounding the flag pole seems excessive. Sufficient lighting could be achieved with fewer lights given the wattage of the bulbs being used.</P> <P>Staff recommendations. Staff recommends approval of the revised site plan subject to the following conditions:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>1. Provision of a revised site plan to include the following:<BR>a. Note that lights will be shielded<BR>b. Provide height of poles for the parking lot and the flagpole lights and flagpole structure<BR>2. Provide cut sheets for each type of light fixture.</P></BLOCKQUOTE> <P>Price Banks, attorney for the applicant, and Pastor Scott Hanks, Pastor of Heritage Baptist Church made brief presentations. The Board also received comments from various citizens and members of the congregation.</P> <P>Jones noted concerns about sky pollution.</P> <P>McElhaney made a motion to approve SP-06-42-03 subject to the above condi tions. Johnson seconded and the motion carried with Jones opposing.</P> <P><STRONG>PUBLIC WORKS 07-28-03</STRONG><BR>Keith Browning, Director of Public Works/County Engineer, presented a proposal to establish a special district for the purpose of levying taxes to finance additional maintenance costs for two segments of roads in Eudora Township. Browning noted that a group of property owners and patrons of Hesper Church have approached Eudora Township about chip sealing N 1100 Road from Route 1061 to the cemetery on the east side of the church, approximately 1.7 miles east of Route 1061. In addition, it is desired to chip seal E 2300 Road from N 1100 Road to N 1137 Road, and N 1137 Road within the Hesper Heights subdivision. The total length of roads to be chip sealed is approximately 2.4 miles.</P> <P>The group desiring the improvements has organized to collect funds required to pay for the chip seal work. They intend to pay for all chip seal work up front with no benefit district or annual assessments. They have obtained a bid from at least one contractor, and have also received a "bid" from Wakarusa Township to do the work. The contract work would be priming the crushed rock base and double chip sealing the surface. Eudora Township has agreed to perform any ditch work required, and will apply and compact any additional crushed rock for base that is needed.</P> <P>Eudora Township is currently not equipped to maintain chip sealed roads and d&#160;s not want the maintenance responsibility of maintaining the chip sealed surfacing. The township is willing to allow the work if the group paying for the initial improvements pays for future maintenance needs. The group has indicated a willingness to pay for future maintenance.</P> <P>Since benefit districts are designed to pay for a specific project that is then paid off over several years, it is felt that forming a benefit district is not appropriate to pay for ongoing maintenance costs. Evan Ice, County Counselor, and J&#160; Norton, Bond Counsel, have discussed the possibility of creating a special taxation district in order to assure future maintenance funds, although neither is familiar with anything similar having been done in the past. The district would need to be set up to collect enough funds annually to allow anticipated mainte nance costs for the following year. It is envisioned that the funds collected through this tax district would be put in a separate fund specifically for mainte nance work on these roads. The funds would go directly to Eudora Township, and the township board would control how the funds are spent. The amount of the tax levy would vary from year to year to account for the variability of antici pated maintenance costs. Although it has not been done before, the counselors feel that it is possible to create such a district through the County's home rule authority.</P> <P>Creating the special taxation district will require time spent by both counselors so there will be legal fees to pay. Even Ice estimates that the legal fees would likely be between $5,000 and $10,000 and that approximately 1/2 to 3/4 of the counsel ors' time to establish the taxation district will be spent "creating the wheel" since it is the first such district. Some of these fees would involve additional legal research to confirm the viability of creating a separate taxing district by home rule. If other special taxation districts were to be established in the future, they would benefit from the legal legwork required for the first district.</P> <P>Johnson stated that he thought this was a good idea to explore, however he is not in favor of spending tax dollars unless it works for the entire county. He also expressed concern about having more parties involved in road maintenance. </P> <P>Jerry Katzfy, 2292 N 1100 Road spoke on behalf of the property owners. It was the consensus of the Board to authorize the legal research. No action was taken.</P> <P><STRONG>AGREEMENTS 07-28-03</STRONG><BR>The Board discussed a proposed lease of space on the monopole tower which is located in the parking lot of the Judicial &amp; Law Enforcement Center. Craig Weinaug, County Administrator, presented a proposed lease that has been negotiated between Douglas County and AT&amp;T's representative, Trevor Wood. The one issue that remains to be resolved is the amount of lease payments. Weinaug noted that Southwestern Bell is currently paying the City $1200 per month to co-locate on a tower located on west 6th Street and Sprint pays the school district $1,475 per month for a new tower that is constructed at Free State High School. The recently completed lease agreement between the City of Lawrence and Verizon for space on the Stratford Park water tower is $1,700 per month. That lease also includes an annual rent escalation clause of 3%. AT&amp;T's proposal is $1,300 per month for five (5) years with a 10% escalation clause at the end of the five (5) year term, renewable for four (4) years. Trevor Wood, representative for AT&amp;T, was also present for the discussion. McElhaney made a motion to authorize the Lease Agreement between Douglas County, Kansas and AT&amp;T Wireless, PCS, LLC, to add equipment to the monopole tower located in the parking lot of the Judicial &amp; Law Enforcement Center for $1,500 per month for five (5) years, renewable for four (4) extension terms. In year one (1) of each extension term, the monthly rent will increase by ten percent (10%) over the rent paid during the previous term. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>PUBLIC WORKS &amp; RESOLUTIONS 07-28-03</STRONG><BR>The Board noted receipt of a recommendation from the Willow Springs Township Board to rescind the "minimum maintenance" designation currently in effect for a portion of N 200 Road, between E 1100 Road and 1225 E. Per the standard process, the Willow Springs Township Board held a public hearing to accept comments regarding a required recommendation to be made to Douglas County on the matter. The next step in the process requires a recommendation from the Planning Commission. Johnson made a motion to approve Resolution No. 03-17 initiating the process to consider rescinding the "minimum maintenance" desig nation for a portion of N 200 Road and requesting a recommendation from the Planning Commission. Motion was seconded by McElhaney and carried unani mously.</P> <P><STRONG>ACCOUNTS PAYABLE 07-28-03</STRONG><BR>Jones moved approval of accounts payable in the amounts of $2,124,775.30 to be paid 7/21/03 and $163,791.02 to be paid 7/28/03; accounts payable manual checks in the amount of $766.00; payroll in the amount of $632,991.42; elec tronic funds transfers in the amounts of $46,869.17 for FICA and $34,770.95 for KPERS to be paid 7/11/03; payroll in the amount of $564,908.51; and electronic funds transfers in the amounts of $41,651.12 for FICA and $31,501.82 for KPERS to be paid 7/25/03. Motion was seconded by McElhaney and carried unanimously.</P> <P>McElhaney moved for adjournment; Jones seconded and the motion carried unanimously.</P> <P>______________________________ ________________________________<BR>Bob Johnson, Chair&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P> <P>ATTEST:</P> <P>______________________________ ________________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member</P>

<P>Johnson called meeting to order at 6:35 P.M. on Wednesday, August 20, 2003, with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 08-20-03</STRONG><BR>Jones made a motion to approve the following Consent Agenda:</P> <UL> <LI>Consider approval of Commission Order No. 5158.&nbsp; Order is on file in the office of the County Clerk.</LI></UL> <P>McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>PUBLIC WORKS 08-20-03</STRONG> <BR>The Board discussed improvements to Eudora Township roads near Hesper (N 1100 Road, E 2300 Road, &amp; N 1137 Road). Members of the property owners group are willing to pay for the cost of improvements of the 2.4-2.5 miles of road.&nbsp; Keith Browning, Director of Public Works/County Engineer, presented the Board with several options that would meet with his approval for the improvements.&nbsp; After discussion of the different options was completed, it was the consensus of the Board to pay for the legal costs of establishing a "Benefit District" to help pay for the road improvements and annual maintenance. The Board also directed Craig Weinaug, County Administrator, Evan Ice, County Counselor, Keith Browning, Eugene Westerhouse, Eudora Township Trustee and a select few members of the property owners group to meet and discuss which option they prefer.</P> <P><STRONG>OUT-DISTRICT COLLEGE TUITION STATEMENTS 08-20-03</STRONG><BR>Jones moved approval of payments of three (3) Out-District College Tuition Statements in the amount of $28,272.&nbsp; Johnson seconded and the motion carried with McElhaney opposed.</P> <P><STRONG>RESOLUTIONS &amp; EMERGENCY MANAGEMENT 08-20-03</STRONG><BR>Jones made a motion to approve Resolution No. 03-21 providing for the imposi tion of restrictions on certain outdoor burning practices in the unincorporated area of Douglas County indefinitely which may be rescinded by the Chair. Johnson indicated he would not rescind the ban without Paula Phillips, Director of Emergency Management, and the fire chiefs being involved in the decision. McElhaney seconded and the motion carried unanimously. </P> <P><STRONG>MISCELLANEOUS 08-20-03</STRONG><BR>McElhaney discussed concerns about fire protection in Marion Township. Jones made a motion that the County Administrator be directed to ask the County Counselor to prepare a legal analysis of the options available to the Board to address this situation. Motion was seconded by McElhaney and carried unani mously.</P> <P><STRONG>APPOINTMENTS 08-20-03</STRONG><BR>Johnson made a motion to appoint Jason Edmonds to the Economic Develop ment Board to fill the unexpired term of Bob Walters. Motion was seconded by Jones and carried unanimously. It should be noted that this is a joint nomination by the Chair of the County Commission and the Mayor of the City of Lawrence.</P> <P><STRONG>MISCELLANEOUS 08-20-03</STRONG><BR>Scout Troop #59 attended the Commission meeting to earn their Communication and Citizenship merit badges.&nbsp; All introduced themselves to the Board.</P> <P>Jones moved for adjournment.&nbsp; McElhaney seconded and the motion carried unanimously.</P> <P>_____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member</P>

<P>Johnson called meeting to order at 9:03 A.M. on Monday, May 12, 2003.&nbsp; All members were present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 05-12-03</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5137 and 5138. Orders are file in the office of the County Clerk.</LI></UL> <P>Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PUBLIC WORKS 05-12-03</STRONG><BR>The Board discussed a proposal received from Mike Stultz to contract with a qualified contractor to chip seal E 900 Road from US 40 Highway north to the entrance of Ranch Estates subdivision at Mr. Stultz' expense. Ranch Estates subdivision was developed by Mr. Stultz. John Selk, representing Mr. Stultz was present for the discussion. Keith Browning, Director of Public Works/County Engineer, was also present for the discussion. Browning explained that this section of E 900 Road was constructed as part of the K-10 Highway (SLT) construction project. As constructed, this road meets county standards regarding base rock depth and roadway width, and surpasses county standards for frontslopes, backslopes, and ditch width. The roadway will need to be prepared for chip sealing by ensuring a minimum 6" base rock depth, and blading, shap ing, and compacting the base rock. The base will need to be primed prior to applying a double chip seal. Approximately 3,550 linear feet of road would be chip sealed. The road is currently the maintenance responsibility of Kanwaka Township. It has been customary that Douglas County assumes maintenance responsibility of chip sealed roads outside of Wakarusa Township since other townships are not equipped to maintain chip seal roads. The Public Works Department estimates that total average annual maintenance costs for this section of roadway would be $3,550. The county already has assumed mainte nance of N 1663 Road, the roadway within Ranch Estates subdivision. Jones stated that he believed this was the worst decision this County Commission has made and is opposed to it. He also stated that he would be ok with fixing and maintaining until the tax base is there. McElhaney stated that he would support it and made the motion to authorize Mike Stultz to contract with a qualified contrac tor to chip seal E 900 Road from US 40 Highway north to the entrance into Ranch Estates subdivision in accordance with plans and specifications approved by the County Engineer and acknowledges that upon completion of the chip seal project, appropriate action will be taken for Douglas County to assume mainte nance of the roadway section. Johnson seconded the motion which carried 2-1 with Jones opposing.</P> <P><STRONG>INFORMATION TECHNOLOGY, PURCHASING, &amp; CONTRACTS 05-12-03<BR></STRONG>The Board discussed personal computer purchases for 2003. Jim Lawson, Director of Information Technology, was present for the discussion. Lawson explained that when the Board discussed computer purchases for 2002, staff had contacted four local computer makers/resellers requesting prices and received responses from three of those companies. Pricing was then compared to the prices of computers purchased utilizing the Western States Contracting Alliance (WSCA) contract. At that time, the WSCA contract price was $28 less per system than the lowest local company, Microtech. It was the Board's direction at that time to utilize Microtech Computers in order to keep the money local. At that time, Lawson voiced some concerns about ordering, delivery and service issues that have been experienced in the past with Microtech. The Board then directed Lawson to track problems for review in 2003. Lawson discussed various prob lems experienced with Microtech. He noted problems with the on-line ordering mechanism, quality of computers, i.e., at least six hard drive failures, multiple motherboard failures, and problems getting computers serviced when they have failures. Lawson then recommended the approval of the utilization of the WSCA contract for the rest of the 2003 computer purchases. He noted that Section 2.5 of the Purchasing Policy allows the County to make use of governmental cooper ative agreements with Commission approval. Johnson made a motion to autho rize the utilization of the WSCA contract for the purchase of computers for the remainder of 2003. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>SHERIFF &amp; JAIL, PURCHASING &amp; CONTRACTS 05-12-03</STRONG><BR>The Board discussed bids received for pharmaceutical services for inmates of the Douglas County Jail. Jackie Waggoner, Purchasing Agent, was present for the discussion. Jones made a motion to accept the bid submitted by QualiCare, Inc. to provide pharmaceutical services for inmates of the County Jail. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PURCHASING &amp; COURTHOUSE 05-12-03</STRONG><BR>Waggoner then presented bids received for the purchase and installation of seventy-one (71) commercial grade draperies, including hardware, for the County Courthouse. Jones moved acceptance of the low bid received from Anderson Interiors in the amount of $14,900 for the purpose and installation of the draper ies. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PURCHASING 05-12-03</STRONG><BR>Waggoner then presented information regarding bids received for long distance services. She explained that the County, City and Lawrence Public Schools issued a proposal request for long distance services. Proposals have been received and a committee of six has reviewed the scope of each proposal and invited Sunflower Broadband, Inter-Tel, Qwest, and SBC Communications in for interviews. Following this process, the committee unanimously agreed that SBC Communications has provided the best proposal. Waggoner requested the Board's authorization to negotiate with SBC Communications with respect to both features and cost. In the event the negotiations are unsuccessful, the committee would like the ability to open negotiations with Qwest. The award will be contin gent upon each entities approval process and the final recommendation will be presented to the Board following negotiations. McElhaney made the motion to authorize the committee to negotiate with SBC Communications with respect to both features and cost, and in the event negotiations are unsuccessful, the Board authorizes negotiations with Qwest. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>INSURANCE 05-12-03</STRONG><BR>Pam Madl, Director of Administrative Services, conducted a brief presentation with respect to health insurance utilization in 2002-03. Madl indicated that there will be&nbsp; a reserve of approximately $1.2 million and the maximum aggregate claim limit (before reinsurance kicks in) has been decreased by about $600,000 for the 2003-04 plan year. Given the same revenue levels, the plan will be fully funded with a reserve of approximately $1.8 million at the end of May 2004. Madl reported that it is the recommendation of the Health Insurance Committee to renew the health insurance plan with the same benefit levels and the same premiums for the 2003-2004 plan year. Madl also reported that the Committee also has two recommended policy changes:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>(1) Elected Officials Retiree Eligibility. It is recommended that this eligibility be the same as for appointed staff, to be effective only for future elected officials (in other words, current elected officials would still be considered under the current policy): Elected officials who have served a minimum of ten (10) consecutive years and are of retirement age (as defined within the retirement plan in which they are participating). The current eligibility reads as follows: "Elected Officials who have served a minimum of four (4) years and are of retirement age (as defined within the retire ment plan in which they are participating).</P> <P>(2)&nbsp;Retirees Premium. It is recommended that it be County policy that the retiree must pay 55% of the health insurance premium for which he/she is enrolled. Currently the County subsidy is 52% for individual and 45% for retiree +1. Implementation of this change is recommended to be stag gered: approximately half of the increase ($6 for retiree only and $45 for retiree +1) would be effective on January 1, 2004; another increase on June 1, 2004 would then bring them up to the full 55%.</P></BLOCKQUOTE> <P>It was the consensus of the Board that the proposed changes be approved but that the Elected Officials Retiree Eligibility be changed to a minimum of eight (8) consecutive years instead of ten (10) consecutive years. This item will be placed on the Consent Agenda on June 2, 2003.</P> <P><STRONG>MISCELLANEOUS 05-12-03<BR></STRONG>The Board considered approval of a letter from the Douglas County Commission and the Lawrence City Commission to Governor Sebelius regarding the Environ mental Protection Agency's consideration of the boundary of an 8-hour ozone non-attainment designation area within the Kansas City region that might include Douglas County, Kansas. McElhaney made a motion to authorize the Chair to execute a letter to Governor Sebelius stating that Douglas County is not a significant contributor to Kansas City's air quality problem. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PARKS -- LONE STAR &amp; PUBLIC WORKS 05-12-03</STRONG><BR>The Board conducted a work session on waste treatment and related issues for lots in Lone Star Lake Park. No action was taken.</P> <P><STRONG>ACCOUNTS PAYABLE 05-12-03</STRONG><BR>Jones moved approval of accounts payable in the amounts of $838,710.09 to be paid 5/5/03 and $206,711.08 to be paid 5/12/03; accounts payable manual checks in the amount of $766.00; payroll in the amount of $570,240.58; and electronic funds transfers in the amounts of $42,132.61 for FICA and $31,876.56 for KPERS to be paid 5/2/03. McElhaney seconded and the motion carried unanimously.</P> <P>Jones moved for adjournment.&nbsp; McElhaney seconded and the motion carried.</P> <P>____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P>

<P>Johnson called meeting to order at 9:02 A.M. on Monday, September 29, 2003, with all members present. The Pledge of Allegiance was recited.</P> <P>Jones made a motion to approve the minutes of April 30, June 18, June 25, June 27, June 30, and July 28, 2003 with changes as noted.&nbsp; McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>PROCLAMATION 09-29-03<BR></STRONG>Johnson read a proclamation deeming the month of October as "Disability Employment Awareness Month."&nbsp; McElhaney made a motion approving the proclamation; Jones seconded and the motion passed unanimously.</P> <P><STRONG>CONSENT AGENDA 09-29-03</STRONG><BR>Jones made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commission Order Nos. 5163 and 5164.&nbsp; Orders are on file in the office of the County Clerk; and</LI> <LI>Applications for Authorized Emergency Vehicle Permits for Randy Cheek, Danny Rake, and Sheila Rake.</LI></UL> <P>McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>TREASURER &amp; RESOLUTIONS&nbsp; 09-29-03</STRONG> <BR>Pat Wells presented the Judicial Tax Sale listing for approval.&nbsp; The Commission requested that staff review whether the County can establish a minimum price for property in the tax foreclosure sale, with the intent to recoup at least the amount ed owed in taxes on the property.&nbsp; Jones moved approval of Resolution No. 03- 25 ordering the sale; McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>TREASURER &amp; AGREEMENTS 09-29-03</STRONG><BR>Pat Wells informed the commission that HB 2397 changed the collection date of the second half of real estate and personal property taxes to May 10, which provides for a new distribution date of June 5, 2004.&nbsp; In order to ensure that political subdivisions are not harmed by this change in distribution, Ms. Wells requested that the Commission approve an additional distribution be added during the calendar year of July 20, 2004.&nbsp; Jones made a motion to approve this request; Johnson seconded.&nbsp; The motion carried unanimously.</P> <P><STRONG>HEALTH -- PUBLIC 09-29-03</STRONG><BR>Kay Kent, Director of the Lawrence-Douglas County Health Department, gave a detailed presentation on the Cryptosporidium outbreak in Douglas County. The Commission applauded efforts of Ms. Kent and her staff in dealing with this situation. </P> <P><STRONG>SEWER BENEFIT DISTRICTS 09-29-03</STRONG><BR>Lance Johnson of the Peridian Group initiated a discussion of the proposed sewer benefit districts for East Hills South (parcel across K-10 from Farmland).&nbsp; Representatives of the City of Lawrence were also present.&nbsp; Johnson's position is supportive as long as the districts are created appropriately, they are equita ble, and they don't cause problems downstream for the other Farmland acreage.&nbsp; Jones expressed concerns for the Farmland property not in the district; desires to ensure that it is appropriate to divide the property into five districts; and wants to be assured that the O'Connell Farm is included on a voluntary, willing basis, even for easement purposes.&nbsp; McElhaney feels that this project has been developed appropriately.</P> <P>In summary, the following expectations were established:</P> <UL> <LI>Work with HNTB to ensure that the trafficway route is compatible with these plans</LI> <LI>Verify that this plan d&#160;s not hinder the expansion of East Hills (includ ing the 87 acres currently excluded from the benefit district)</LI> <LI>Schedule another discussion with the developer about the merits of five benefit districts.</LI> <LI>Jones will check with O'Connell Youth Ranch to ensure that an ease ment for the line is available.</LI> <LI>The City, County and developer will put together a timetable for this project.</LI> <LI>Assumptions will be developed for waste loads for the 800 acres, the Farmland acreage, and the expanded East Hills acreage.</LI> <LI>A dollar/acre amount for the benefit district(s) will be calculated and available for the next meeting.</LI> <LI>Douglas County Admin. Services staff are to track their time and other costs associated with the development of this sewer benefit district.</LI></UL> <P><STRONG>APPOINTMENTS 09-29-03</STRONG><BR>Johnson made a motion to appoint Patty Jaimes as the Douglas County voting delegate at the KAC meeting in the absence of County Commissioners.&nbsp; Jones seconded and the motion carried unanimously.&nbsp; Jones also requested that Weinaug brief the commissioners on issues to be discussed at the KAC meeting so that they can provide input to Jaimes.</P> <P><STRONG>ACCOUNTS PAYABLE 09-29-03</STRONG><BR>Jones moved approval of accounts payable in the amount of $479,019.09 to be paid 9/29/03. Motion was seconded by McElhaney and carried unanimously.</P> <P>Jones moved for adjournment.&nbsp; McElhaney seconded and the motion carried.</P> <P>_____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P>

<P>The Board of County Commissioners of Douglas County met in special session with Commissioners Johnson and Jones present. Commissioner McElhaney was absent.</P> <P>Jones made a motion to appoint Kay Pesnell, Deputy Register of Deeds, to serve as a canvasser in the absence of Commissioner McElhaney; Johnson seconded and the motion carried.</P> <P>The purpose of the special meeting was to canvass the results of the Lecompton City election, which was held on Tuesday, April 2, 2002.</P> <P>No errors were found.</P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried.</P> <P>_____________________________&nbsp;_______________________________<BR>Bob Johnson, Member&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_______________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Kay Pesnell, Deputy Register of Deeds</P>

<P>Johnson called meeting to order at 6:35 P.M. on Wednesday, August 13, 2003, with all members present. The Pledge of Allegiance was recited.</P> <P>Jones moved approval of the minutes of March 26, March 31, April 4, April 9, and April 14, 2003. Motion was seconded by McElhaney and carried unani mously.</P> <P><STRONG>CONSENT AGENDA 08-13-03</STRONG><BR>McElhaney moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5156. Order is on file in the office of the County Clerk.</LI></UL> <P>Jones seconded and the motion carried unanimously.</P> <P><STRONG>BUDGET 08-13-03</STRONG><BR>As advertised, the Board conducted a public hearing regarding the 2004 budget. No comments were received. Jones made a motion to close the public hearing, seconded by Johnson and carried unanimously. Jones then made a motion to approve Resolution 03-18 expressing the property taxation policy of the Board of Douglas County Commissioners with respect to financing the 2004 annual budget for Douglas County. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 08-13-03</STRONG><BR>Lynn Parman, Vice President of Economic Development of the Lawrence Chamber of Commerce, introduced Lavern Squier, the newly appointed Presi dent and CEO of the Chamber, Elisha Janesco, Marketing Manager, and Tanya Johnson, Director of Existing Business Programs. Parman then conducted a Business Retention Report presentation. Parman also presented the Douglas County Economic Development Quarterly Activity Report. Elisha Janesco presented the Business Relocation Guide. </P> <P>Jean Milstead, Chair of the Subcommittee of the Douglas County Economic Development Board, presented the Horizon 2020 Strategic Economic Develop ment Element. Milstead noted that the report has been presented to the cities of Eudora, Baldwin City, and the Lawrence City Commission.</P> <P>Johnson questioned Goals 1 and 2 which read as follows:</P> <P><STRONG>Goal 1: Employment Growth</STRONG><BR>Jobs will grow at a rate equal to or above that of population and housing. Targeted will be quality jobs with desirable incomes, benefits and career opportunities.</P> <P><STRONG>Goal 2: Tax Base Growth</STRONG><BR>Increase tax base at a rate equal to or greater than the rate of population and housing growth. To accomplish this goal, industrial/business growth must at least keep pace with residential growth.</P> <P>Johnson suggested that the goal should be to "grow greater than" instead of "equal to" population growth. He suggested that if we just grow equal to popula tion growth, we aren't gaining any ground and if you don't have a goal in excess of where you are now, you won't achieve it. Jones agreed noting that if our growth primarily stays residential, we're not going to make money economically. Jobs and the industrial base need to grow faster than the residential base. </P> <P>Jones made a motion to approve the Horizon 2020 Strategic Economic Develop ment Element as presented with the stipulation that the Economic Development Board revisit the language under Goals 1 and 2 and determine whether the language ought to emphasize the growth greater than as opposed to equal to. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PLANNING 08-13-03</STRONG><BR>The Board discussed Item No. 3 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated 6/25/03. This item is CPA-2003-3: An amendment to Horizon 2020 to expand the Urban Growth Area as shown on the Transportation 2025 Land Use Map with the addition of the southern boundary extending to N 900 Road. Bryan Dyer, staff member of the Lawrence-Douglas County Metropolitan Planning Department, was present for the discussion. No action was taken.</P> <P><STRONG>PUBLIC WORKS 08-13-03</STRONG><BR>The Board discussed membership on the Regional Solid Waste Management Committee. Keith Browning, Director of Public Works/County Engineer, was present for the discussion. Browning explained that K.S.A. 65-3405 requires that each group of counties cooperating in a regional solid waste management plan shall establish a regional solid waste management committee. The duties of the committee are (1) be responsible for the preparation of the regional solid waste management plan (2) review the plan at least annually, and (3) provide o each Board of County Commissioners included in the region a report with the results of the annual plan review. Every five years the annual review shall be comprehen sive and shall include a public meeting. The five-year update for the Douglas- Jefferson County Regional Plan is due this year. </P> <P>Jefferson and Douglas counties entered into an agreement in 1994 that estab lished both counties as a region for solid waste planning purposes. Subsequent to formation of the region, a regional solid waste management committee was formed that consisted of 28 members. Many of the original committee members are no longer available to serve on the committee. Since 1998, the annual plan reviews have been performed by several "core" members of the Solid Waste Management Committee (typically city and county staff members and elected officials) and any original members who were available to meet.</P> <P>The membership of the committee needs to be updated. K.S.A. 65-3405 indi cates that committee shall be comprised of from five (5) to thirty (30) members. The membership shall include:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>(1)&nbsp;Representatives of incorporated cities, not to exceed five members representing first class cities, three members representing second class cities, and one member representing third class cities;<BR>(2)&nbsp;One representative of unincorporated areas;<BR>(3)&nbsp;Representatives of the general public, citizen organizations, private industry, any private solid waste management industry operating in the counties;<BR>(4)&nbsp;The recycling coordinator of the county; and<BR>(5)&nbsp;Any other persons deemed appropriate by the county including, but not limited to, county commissioners, county engineers, county health officers and county planners. </P></BLOCKQUOTE> <P>Browning presented the following proposed membership list and asked the Board for input:</P> <UL> <LI>Travis Oliver -- Jefferson County Commissioner</LI> <LI>Charles Jones -- Douglas County Commissioner</LI> <LI>Mike Russell -- Kansas University</LI> <LI>Chuck Soules -- Lawrence Public Works Director</LI> <LI>Bob Yoos -- Lawrence Solid Waste Division Manager</LI> <LI>Bill Winegar -- Baldwin City Public Works</LI> <LI>Paul Studebaker -- Kanwaka Township, representing unincorporated areas</LI> <LI>Richard Ziesenis -- Lawrence-Douglas County Health Department</LI> <LI>Jim Clark -- Winchester, KS, representing unincorporated areas</LI> <LI>Brad Harries -- Oskaloosa, KS, general public member</LI> <LI>Jim McMillan -- Grantville, KS, general public member</LI> <LI>Keith Browning -- Douglas County Public Works Director</LI> <LI>Mike Rundle -- Lawrence City Commission</LI> <LI>Roy Paslay -- Lecompton, KS, general public member</LI> <LI>Elsie Tichenor -- Jefferson County Planning &amp; Zoning Director</LI> <LI>Debbie Nichols -- Oskaloosa, KS, general public member</LI> <LI>Bob Abel -- Jefferson County Auxiliary Services Director</LI> <LI>Charlie Sedlock -- Hamm Solid Waste Contractors</LI> <LI>2 vacant positions to be appointed by Lawrence Mayor David Dunfield</LI> <LI>1 vacant position to be appointed by the Jefferson County Commission</LI></UL> <P>Browning then explained that there was a position held by Dave Durkin that the Board may choose not to fill. He also noted that he had not been in contact with Paul Studebaker or Roy Paslay to see if they were available to continue serving. Jones made a motion that the position held by Dave Durkin not be filled and directed Browning to contact Paul Studebaker and Roy Paslay. If Studebaker and Paslay are not interested in serving, the Board directed Browning to elimi nate those positions as well. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>AGREEMENTS &amp; PUBLIC WORKS 08-13-03</STRONG><BR>The Board considered approval of Construction Engineering Force Agreement with Kansas Department of Transportation (KDOT) for Project No. 23 C-3688-01, Route 1029 Improvements. In late June, the Board approved submittal of a proposal to KDOT for the Public Works Department to perform construction engineering services for the Route 1029 project. KDOT has prepared a contract agreement based on our proposal that now needs approval by the Board. Under the contract, the Public Works Department will perform construction inspection for the project, and the County will be reimbursed for 80% of all inspection costs. The remaining 20% will be paid from the Public Works budget as regular sala ries. Under the contract, the upper limit of compensation is $162,827.44 of which 80% would be reimbursed. It is anticipated that the County's total costs will be below that upper limit. Jones moved approval of the Force Account Agreement with KDOT for the Public Works Department personnel to perform construction inspection services for Project No. 23 C-3688-01, Route 1029 improvements. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>ZONING 08-13-03<BR></STRONG>The Board discussed an illegal dumpsite in Douglas County located at 1706 North 1500 Road, Lawrence, KS 66046. Keith Dabney, Director of Zoning &amp; Codes, was present for the discussion. Dabney presented photographs and other written documentation resulting from this problem. This site is eligible for funding fro the Kansas Department of Health &amp; Environment (KDHE) from the Illegal Dump Program. After discussion, Jones made a motion to enter an agreement with KDHE to perform corrective action at the above-referenced illegal solid waste dumping site. Motion was seconded by Johnson and carried unanimously.</P> <P>&#160;<STRONG>OUT-DISTRICT COLLEGE TUITION STATEMENTS 08-13-03</STRONG><BR>Jones moved approval of eight (8) Out-District College Tuition Statements in the amount of $12,072. Johnson seconded and the motion carried with McElhaney opposed.</P> <P><STRONG>ACCOUNTS PAYABLE 08-13-03</STRONG><BR>Jones moved approval of accounts payable in the amounts of $244,103.90 to be paid 8/4/03; $703,045.66 to be paid 8/11/03; accounts payable manual checks in the amounts of $2,500.00, $766.00, and $1,350.00; and ACH Bank Transfers in the amount of $111,208.75 to be paid 8/29/03. Motion was seconded by McElhaney and carried unanimously.</P> <P>Jones moved for adjournment; McElhaney seconded and the motion carried unanimously.</P> <P>______________________________&nbsp;________________________________<BR>Bob Johnson, Chair&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P>______________________________&nbsp;________________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P>

<P>Johnson called meeting to order at 9:00 A.M. on Monday, August 18, 2003, with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 08-18-03</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5157. Order is on file in the office of the County Clerk;</LI> <LI>Approve Resolution No. 03-19 authorizing the continued imposition of a telephone user tax for the operation of an enhanced 911 emergency telephone service in Douglas County; and</LI> <LI>Approve Agreement with the Kansas Department of Transportation for Inspection of Bridge Hinge Pins on Kansas River Bridge at Lecompton DGCO Bridge No. 21.30-06.15; NBI Bridge No. 000000000230240.</LI></UL> <P>McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>HEALTH — PUBLIC AND ZONING 08-18-03</STRONG><BR>The Board discussed requests for variances to the Health Board policy regarding water supplies for subdivisions from property owners Chad and Joy Slavens and Kevin and Denise Shelton. Richard Ziesenis, Director of Environmental Health, presented this item. Ziesenis explained that both lots are located within the Autumn Ridge Subdivision and the specific wording that was added to the final plat stated that "if water meters are not available, the County Commission may approve an alternate source for a safe water supply, subject to all existing county health regulations, upon application by the owner." Ziesenis stated that generally the Health Board variance requests do not come to the County Commission for approval, however, the Health Department was advised by Evan Ice, County Counselor, that because of the wording on the final plat, the variance requests needed to be submitted to the County Commission for approval. Ice has also advised that the property owners may act on their own behalf to apply for an alternate water source rather than relying on the developer of the Autumn Ridge Subdivision.</P> <P>The first variance request is from Chad and Joy Slavens who have requested to use an existing private well located on an adjacent property outside the Autumn Ridge Subdivision. The Slavens are part owners of the adjacent property where the private well serving their home is now located. The Health Board granted the Slavens' request for a variance to use this existing well for a water source based on the following 3 conditions:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>1.&nbsp;A legal easement is obtained attaching the well to their subdivision, Lot #5;<BR>2.&nbsp;The property owners abide by all components of the Health Board's policy related to a well located within a platted subdivision; and<BR>3.&nbsp;Final approval of the variance is obtained from the County Commis sion.</P></BLOCKQUOTE> <P>The second request is from Kevin and Denise Shelton who have requested to use a cistern for their water supply. The Health Board gave careful consideration to the requirement of a private well, however, after examination of the hydro- geological data, the Health Board concluded that it did not appear that a well was a viable option for this particular lot. The Health Board granted the Shelton's variance request to install a cistern on their property for a water source based upon the following 2 conditions:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>1.&nbsp;The property owners abide by all components of the Health Board's policy related to a cistern located within a subdivision; and<BR>2.&nbsp;Final approval of the variance is obtained from the County Commission.</P></BLOCKQUOTE> <P dir=ltr>Jones noted language stating that building permits will be issued only upon written proof of the availability of water meters. He then questioned why building permits were issued if there were no water meters. Keith Dabney, Director of Zoning and Codes, stated that he d&#160;sn't issue a permit until entrance culvert and septic system approval is received and the owners apparently submitted information to the Health Department indicating they had rural water. Ziesenis stated they had received a letter from Rural Water District #4 stating they had five (5) water meters available for this subdivision to be used. The developer, at some point in time over the last seven (7) years, used two (2) meters within the subdivision and used the other three (3) meters at other locations and not within the Autumn Ridge Subdivision. </P> <P>Jones then stated that he would not support this. Johnson stated that he didn't like the idea of not following the recommendation of the Health Department but he also didn't support it.</P> <P>The possibility of revoking the building permits was then discussed. Ziesenis advised the septic system permits had been revoked for these properties.</P> <P>Kay Kent, Administrator/Health Officer, stated that she and Ziesenis met with Ice before presenting it to the Health Board and questioned the possibility of the County Commission discussing these issues in executive session. </P> <P>Craig Weinaug, County Administrator, indicated he had spoken with Ice before the meeting who agreed that it would be an appropriate subject for an executive session if the Commission so desired. </P> <P>Johnson then asked for public comment. Kevin Shelton, property owner, then made a brief presentation. Shelton stated they never indicated they had a water meter for their lot. He also stated they identified their water supply as Culligan Cul-Clear Water System.</P> <P>Ziesenis noted that the inspector that issued this particular permit was confused on what the Cul-Clear System meant and should have investigated it further. He explained that this is essentially a system that pulls water out of a pond and is then treated for home use. However, pond water is not allowed as one of the options for subdivisions. The permit was issued in error.</P> <P>The Board then directed Weinaug set up a conference call with Evan Ice for an executive session to be held after the remaining items on the agenda are addressed.</P> <P><STRONG>PLANNING 08-18-03</STRONG><BR>The Board considered Item No. 9 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated 7/23/03. This item is CUP-06- 03-03: Conditional Use Permit request for a replacement booster pump station. The property is generally located south of U.S. 59 and west of E 1300 Road. Submitted by Bartlett &amp; West Engineers, Inc., for Willow Springs Township. Mastercraft Corp. is the property owner of record. Paul Patterson, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. This item comes to the board with a unanimous recommendation of approval based on the following Findings of Fact:</P> <P>Zoning and uses of property nearby. The subject property is located south of the intersections of Highway 59/North 900 Road/East 1300 Road. The site is agriculturally zoned and undeveloped. Surrounding property is agriculturally zoned and is undeveloped, agricultural property with scattered residences.</P> <P>Character of the area. The site is a described tract of land approximately 0.13 acre in size. Rural Water District #2 is in the process of obtaining an easement for the proposed site. The area is largely agricultural and rural/open area in use.</P> <P>Suitability of subject property for the uses to which it has been restricted.The subject site is suited for the uses to which it has been restricted.</P> <P>Length of time subject property has remained vacant as zoned. The subject area has been zoned A (Agricultural) District since the adoption of the zoning regulations in the unincorporated portions of Douglas County in 1966.</P> <P>Extent to which removal of restrictions will detrimentally affect nearby property. The restrictions on this site are not being removed. A conditional use is being permitted through this request. The addition of this use to the site is not anticipated to detrimentally affect nearby property.</P> <P>Relative gain to the public health, safety and welfare by the destruction of the value of the petitioner's property as compared to the hardship imposed upon the individual landowners. Denial of the request is not anticipated to provide a detriment to the property owner but it would provide a gain to the public health, safety and welfare.</P> <P>Conformance with the Comprehensive Plan. The Conditional Use Permit for the proposed facility is not in conflict with Horizon 2020.</P> <P>AND subject to the following conditions:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>1.&nbsp;Entrance permit from Willow Springs Township is required;<BR>2.&nbsp;Utility permits from Willow Springs Township and Douglas County Public Works is required for waterline installation within E 1300 Road right-of-way;<BR>3.&nbsp;Provision of a note on the face of the plan stating, "The Conditional Use Permit will be re-evaluated by the County Commission in Septem ber 2008. The CUP will expire in September, 2013. Continuation of the use beyond September 2013 will require rezoning or approval of a new CUP."<BR>4.&nbsp;Change the note referencing the size of the evergreen trees from 2- inch to a size of 6'-8' in height, list the numbers of evergreen trees, and show the location of the evergreen trees; and<BR>5.&nbsp;Provide a location map on the face of the plan showing the site loca tion and arterial roads and sections for 1 square mile.</P></BLOCKQUOTE> <P>Jones questioned Condition #3 noting that the Board has taken the tactic that utilities ought to be permanent CUPs rather than limited to 10 years. Johnson agreed. Jones made a motion to approve CUP-06-03-03 based on the above Findings of Fact and subject to the above conditions removing Condition #3. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PLANNING 08-18-03</STRONG><BR>The Board then considered SP-07-50-03: Palmyra Township Maintenance Building Addition, a site plan for the development of a 36' X 90' maintenance equipment storage addition to the existing Palmyra Township Maintenance Building located at 376 E 1700 Road. Submitted by A.J. Barrett, Palmyra Town ship Trustee. Paul Patterson, staff member of the Lawrence-Douglas County Metropolitan Planning Department, also presented this item. The property is located at 376 E 1700 Road and contains the Palmyra Maintenance Building and Township Fire Station. The applicant proposes to construct a 36' X 90' metal building addition to the South side of their existing maintenance building. The maintenance facility is allowed on this Agriculturally zoned property by a Condi tional Use Permit that was approved by the Douglas County Commission on September 12, 1989. The proposed arrangement of buildings, off-street parking, access, lighting, and drainage is compatible with adjacent land uses. The vehicular ingress and egress to and from the site and circulation within the site provides for safe, efficient, and convenient movement of traffic not only within the site but on adjacent roadways. Staff recommends approval of the proposed site plan subject to the following conditions:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>1.&nbsp;The applicant will need to obtain a floodplain development permit from the Douglas County Zoning &amp; Codes Division, prior to any alteration, encroachment or substantial improvement to the existing property pe Douglas County Code Article 28.<BR>2.&nbsp;Label the roadways.<BR>3.&nbsp;Label the 100 year floodplain.</P></BLOCKQUOTE> <P>Jones raised some questions about the septic system. Patterson noted the system already exists and that the building is not proposing to use the septic system -- it's for storage of equipment and will have no impact on the system. McElhaney moved approval of SP-07-50-03 subject to the above conditions. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PUBLIC WORKS &amp; RESOLUTIONS 08-18-03</STRONG><BR>The Board discussed the City of Eudora's request to install a 20-mph school zone speed limit near the new Eudora High School. This crosswalk also serves elementary school age children who will be crossing Route 1061 from Meadow lark Subdivision to board buses at the new high school. Keith Browning, Director of Public Works/County Engineer, was present for the discussion. Browning explained that the City of Eudora intends to annex the entire Route right-of-way from K-10 south to N 1200 Road (W. 28th Street). Upon annexation, the City can establish and maintain traffic regulations. Since the annexation has not been done, only a portion of Route 1061 is in the city limits. Therefore, the Board of County Commissioners must approve traffic regulations to allow enforcement by the Sheriff's Office. Johnson moved approval of Resolution No. 03-20 establish ing a twenty (20) miles per hour maximum speed limit for a school one located adjacent to Eudora High School on Douglas County Route 1061. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>COURTHOUSE &amp; PURCHASING 08-18-03</STRONG><BR>The Board discussed bids received for exterior painting of the Courthouse. McElhaney made a motion to approve the low bid received from Hardister Painting &amp; Decorating Service, Lawrence, KS in the amount of $22,445; motion was seconded by Jones and carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 08-18-03</STRONG><BR>Jones moved approval of accounts payable in the amount of $180,122.69 to be paid 8/11/03. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 08-18-03</STRONG><BR>At 9:55 A.M. Johnson made a motion that the Board recess to go into executive session until 10:25 A.M. with Craig Weinaug, County Administrator; Evan Ice, County Counselor (via speaker phone); Kay Kent, Director of the Lawrence- Douglas County Health Department; Richard Ziesenis, Director of Environmental Health; and Keith Dabney, Director of Zoning and Codes, to discuss the variance requests. The Board returned to regular session at 10:20 A.M.&nbsp; </P> <P>Jones commented that this subdivision was approved with the requirement that it would have water meters before development. This is not the only subdivision that has been subject to that requirement and there would have to be something extremely compelling to vary from that requirement. Jones defined compelling to mean that the problem wasn't created by the landowner. In this instance the problem was created by not being consistent with the requirement that public meters be installed and there isn't anything compelling to suggest that the Board should provide a variance. Jones then made the motion that the Board deny the alternate water supply requested by Chad and Joy Slavens and Kevin and Denise Shelton and reaffirm that public water meters are pre-conditioned to development in this subdivision as it was originally set out on the plat. Johnson seconded and the motion carried unanimously.</P> <P>Jones moved for adjournment; McElhaney seconded and the motion carried unanimously.</P> <P>______________________________&nbsp;________________________________<BR>Bob Johnson, Chair&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P>______________________________&nbsp;________________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P>

<P>The Board of County Commissioners of Douglas County met in special session with McElhaney and Jones present. Johnson was absent. The purpose of the special meeting was to canvass the results of the Eudora Special Election, which was held on Tuesday, August 26, 2003.</P> <P>Jones made a motion to appoint Kay Pesnell, Deputy Register of Deeds, to serve as a canvasser in the absence of Commissioner Johnson; McElhaney seconded and the motion carried.</P> <P>Jo Dalquest, Deputy County Clerk, reported there were 19 provisional ballots. Dalquest made the recommendation that the Board count 12 of the provisional ballots. These were cast by individuals that had either moved and had not re- registered, or went to the wrong precinct. Dalquest then recommended that the remaining 6 not be counted. These were ballots that either did not have signa tures or were first time registrants. Jones made the motion to approve Dalquest's recommendations, seconded by McElhaney and carried unanimously. </P> <P>No errors were found.</P> <P><STRONG>COURTHOUSE, JUDICIAL &amp; LAW ENFORCEMENT CENTER &amp; AGREE MENTS 08-29-03</STRONG><BR>The Board discussed bids received for the exterior restoration of the Douglas County Courthouse and Judicial &amp; Law Enforcement Center. Jones moved approval of the low bid submitted by Commercial Waterproofing, Kansas City, MO, in the amount of $36,995 and authorized Craig Weinaug, County Adminis trator, or Pam Madl, Director of Administrative Services, to authorize change orders up to 10% of the total cost. Motion was seconded by McElhaney and carried.</P> <P>McElhaney moved for adjournment, Jones seconded and the motion carried.</P> <P>______________________________&nbsp;________________________________<BR>Jere McElhaney, Member&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P> <P>ATTEST:</P> <P>______________________________&nbsp;________________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Kay Pesnell, Register of Deeds</P>

<P>The Board conducted a joint study session with the Lawrence City Commission and the Lawrence-Douglas County Metropolitan Planning Commission to discuss the draft Lawrence Zoning Regulations. No action was taken.</P> <P>______________________________&nbsp;________________________________<BR>Bob Johnson, Chair&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P>______________________________&nbsp;________________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P>

<P>Johnson called meeting to order at 9:02 A.M. on Monday, September 8, 2003, with Johnson &amp; Jones present. McElhaney was absent. The Pledge of Allegiance was recited.</P> <P>Jones moved approval of the minutes of May 12, June 2, July 2, and July 7, 2003. Johnson seconded and the motion carried.</P> <P><STRONG>CONSENT AGENDA 09-08-03</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5159, 5160 and 5161. Orders are on file in the office of the County Clerk;</LI> <LI>Note receipt of fee reports for the month of July; and</LI> <LI>Approve the 2004 Phase Delineation Chart.</LI></UL> <P>Motion was seconded by Johnson and carried.</P> <P><STRONG>RESOLUTIONS &amp; MISCELLANEOUS 09-08-03</STRONG><BR>The Board considered approval of a joint Ordinance of the City of Lawrence/Resolution of Douglas County, Kansas establishing the City and County Eco nomic Development Board and establishing procedures for the governance of the Board. Jim Martin, Co-Chair of the Lawrence-Douglas County Economic Development Board, conducted a brief presentation. Jones questioned the formalization of the existing structure. He requested that the Board look at possible structural changes over the next six (6) months. Jones then made a motion to approve Resolution No. 03-22 establishing the City and County Economic Development Board and establishing procedures for the governance of the Board and directed the Board to take a look at the structure, authority, function and membership and return to the County Commission in six (6) months with a report and recommendations. Johnson seconded and the motion carried.</P> <P><STRONG>ACCOUNTS PAYABLE 09-08-03</STRONG><BR>Jones moved approval of accounts payable in the amounts of $127,845.97 to be paid 9/2/03 and $77,908.91 to be paid 9/8/03; accounts payable manual checks in the amount of $766.00; payroll in the amount of $557,220.72; and electronic funds transfers in the amounts of $41,016.04 for FICA and $31,911.72 for KPERS. Johnson seconded and the motion carried.</P> <P>Jones moved for adjournment. Johnson seconded and the motion carried unanimously.</P> <P>_____________________________ _____________________________<BR>Bob Johnson, Chairman Charles Jones, Member</P> <P>ATTEST:</P> <P><BR>_____________________________<BR>Patty Jaimes, County Clerk</P>

<P>&nbsp;The Board met in Special Session with the Lawrence City Commission at 5:30 P.M. on Tuesday, September 9, 2003. The purpose of the Special Session was to discuss possible acquisition of real estate. Johnson made a motion that the Board recess into Executive Session until 6:30 P.M. with the Lawrence City Commission and the Director of Economic Development to discuss possible acquisition of real estate. Jones seconded and the motion carried unanimously. The Board returned to Special Session at 6:28 P.M. No action was taken.</P> <P>McElhaney moved for adjournment; Jones seconded and the motion carried unanimously.</P> <P>______________________________&nbsp;________________________________<BR>Bob Johnson, Chair&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P>______________________________&nbsp;________________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P>

<P>Johnson called meeting to order at 6:36 P.M. on Wednesday, September 17, 2003, with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 09-17-03</STRONG><BR>Jones made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commission Order No. 5160.&nbsp; Order is on file in the office of the County Clerk.</LI></UL> <P>McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>PUBLIC WORKS &amp; CONTRACTS 09-17-03</STRONG><BR>The Board considered approval of to award contract/commitment of County funds committing the County to submit local matching funds in the amount of $398,182.49 to the Kansas Department of Transportation (KDOT) for Project No. 23 C-3688-01, improvements to Route 1029 between the Kansas Turnpike and the City of Lecompton. Keith Browning, Director of Public Works/County Engi neer, explained that KDOT opened bids for the Route 1029 safety improvements project on August 20, 2003. Hamm, Inc. was the low bidder with a bid of $1,799,687.72, which is well below the Public Works Department's construction estimate of $2,116.914. McElhaney made a motion to approve the Authority to Award Contract/Commitment of County Funds for Project No. 23 C-3688-01, improvements to Route 1029 between the Kansas Turnpike and the City of Lecompton. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PUBLIC WORKS &amp; RESOLUTIONS 09-17-03</STRONG><BR>Browning presented a resolution establishing temporary weight limits for com mercial vehicles on portions of E 500 Road and N 1850 Road in Lecompton Township in conjunction with the closure of Route 1029 for Project No. 23 C- 3688-01. Browning explained that improvements to Route 1029 from the Kansas Turnpike to the City of Lecompton will begin soon which will require that Route 1029 be closed to through traffic. While this portion of Route 1029 is closed, a signed detour will be in place which will follow US 40 Highway to Big Springs, then will follow Route 1023 north and east to Lecompton. While a signed detour following paved roads will be in place, it is felt that all practical measures should be taken to prohibit commercial traffic from using E 500 Road between US 40 Highway and Route 1023 and N 1850 Road between E 500 Road and Route 1029. These are gravel roads maintained by Lecompton Township. The township and some local residents are concerned over the safety of both roads with a higher than normal amount of traffic. The Public Works Department has visited both roads with Lecompton Township officials to assess needed measures for the roads assuming traffic counts increase. They have worked with the township to replace two narrow culverts and ensure appropriate warning signs are in place. It is also felt that prohibiting large commercial vehicles for both roads is appropriate. McElhaney made a motion to approve Resolution No. 03-23 estab lishing a temporary 5 ton weight limit for commercial vehicles on portions of E 500 Road and N 1850 Road in Lecompton Township for the duration of construc tion on Douglas County Route 1029 (Project No. 23 C-3688-01). Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PUBLIC WORKS &amp; RESOLUTIONS 09-17-03</STRONG><BR>Browning then presented a resolution establishing temporary speed limits on portions of E 500 Road and N 1850 Road in Lecompton Township for the duration of construction on Route 1029. McElhaney made a motion to approve Resolution No. 03-24 establishing temporary speed limits on portions of E 500 Road and N 1850 Road in Lecompton Township in conjunction with the closure of Route 1029 for Project No. 23 C-3688-01. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PLANNING 09-17-03</STRONG><BR>The Board considered Item No. 12 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated August 27, 2003. This item is CUP-07-04-03: A Conditional Use Permit request for a chlorine/control building for Franklin County Rural Water District No. 5. The property is generally located in Douglas County one-half mile west of U.S. Highway 59 and two miles south of U.S. Highway 56. Submitted by Bartlett &amp; West Engineers, Inc., for Franklin County Rural Water District No. 5, property owner of record. Sandra Day, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. This item comes to the Board with a unanimous recommen dation for approval based upon the following Findings of Fact:</P> <P>Zoning and uses of property nearby. Surrounding zoning includes A (Agricul tural) on all sides. Surrounding land uses are primarily agricultural.</P> <P>Character of the area. The subject property is located in the far south central portion of Douglas County. It is an agricultural area. Scattered rural residential homes are located along the county roads. The topography includes gently rolling hills and thick stands of vegetation along the various creeks and drainage ways.</P> <P>Suitability of subject property for the uses to which it has been restricted.<BR>A Conditional Use Permit (CUP) d&#160;s not change the base, underlying zoning. The suitability of the property for agricultural or rural residential use will not be altered. The subject property is not located within an Urban Growth Area. The subject property is zoned for agricultural uses. The subject site is suitable for the proposed uses of agricultural. The structure may require a floodplain develop ment permit from the County depending on the proximity of the structure to the floodplain. Any floodplain development permits must be completed prior to issuance of County building permits.</P> <P>Length of time subject property has remained vacant as zoned. The property has been zoned A (Agricultural) District sine 1966. The property is predominantly agricultural, but includes various improvements related to the Rural Water District operation.</P> <P>Extent to which removal of restrictions will detrimentally affect nearby property. Approval of a Conditional Use Permit request d&#160;s not alter the base- zoning district. The current request is for a Conditional Use Permit to allow improvements for a rural water district provider.</P> <P>Relative gain to the public health, safety and welfare by the destruction of the value of the petitioner's property as compared to the hardship imposed upon the individual landowners. The relative gain to the public health, safety, and welfare is the improvement of a public supply of water for the district custom ers.</P> <P>Conformance with The Comprehensive Plan. The Conditional Use Permit for the facility is consistent with the applicable goals and policies in Horizon 2020.</P> <P>Ross Jones expressed concerns about chemical storage. Mike Streebin, repre sentative of Franklin County Rural Water District #5, stated that sodium phos phate and bleach would be stored in the facility. Since Mr. Jones had some other concerns/questions, it was the consensus of the Board to table action until Monday, September 22, giving Mr. Jones the opportunity to meet with Mr. Streebin to address his concerns/questions.</P> <P><STRONG>PLANNING 09-17-03</STRONG><BR>The Board considered Item No. 3 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated August 27, 2003. This item is CPA-2003-3: An amendment to Horizon 2020 to expand the Urban Growth Area (UGA) as shown on the Transportation 2025 Land Use Map with the addition of the southern boundary extending to N 900 Road and with an expansion northeast of Lawrence to N 2000 Road, east to E 1700 Road and south across the railroad tracks. Bryan Dyer, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. </P> <P>The following is a summary of the Board's discussion: </P> <UL> <LI>Requested more information and discussion about the underlying assumptions and methodology used to generate the population growth projections that were used as a basis for determining the growth needs for the City of Lawrence. How confident is staff that the projections are conservative (meaning that they slightly over-project our needs rather than under-project the needs)1/2 What are the consequences of an under-projection or over-projection1/2</LI> <LI>Should the boundaries of the UGA ideally be on a road or avoid being on a road1/2 The Board needs to discuss this further and may want additional input from staff on this issue.</LI> <LI>Questions were raised about the total amount of additional acreage included in the proposed UGA, how much of that acreage is in the floodplain and how much is developable1/2</LI> <LI>McElhaney requested a year by year history on the number of acres that have been annexed by the City of Lawrence. Dyer noted that he had information by decade and expressed the opinion that decade by decade comparisons were really more useful to use as trend data. McElhaney indicated he would prefer the data on an annual basis if possible. </LI> <LI>More information regarding infill capacity already within the city.</LI> <LI>There was a strong consensus that the language stating the number of arterial and collectors needs to bridge the Wakarusa River should use the word "should" instead of "shall."</LI> <LI>Request the presence of Marion Johnson, County Appraiser, at the next UGA discussion to answer questions about the potential impact of being added to the UGA with respect to property values and taxes.</LI> <LI>The Board would like to discuss the possibility of expanding the north east boundary of the UGA to the Leavenworth County line with the Lawrence City Commission. There was also discussion whether this general location should be identified as a good location for industrial uses.</LI> <LI>The Board would like to discuss the possibility of a conditional sunset clause on the expanded UGA tied to expansion of the City sewage treatment capacity on the Wakarusa River. Concern was expressed that if the City d&#160;s not follow through for any reason on a Wakarusa River sewer plant, then the southern boundary of the UGA would not be justified as it is currently proposed. Staff was directed to provide input as to how to implement such a sunset clause. Johnson proposed a sunset date of January 1, 2005.</LI> <LI>Dyer will provide copies of the Transportation 2025 Plan to the Board which provides a broad-brush summary of what a land use plan might look like in the proposed UGA.</LI> <LI>The Board requested staff to develop a fact sheet identifying the practical impacts of being in the UGA for owners of property included in the expansion.</LI> <LI>Staff will restate an inconsistency identified by the Board between statements on pages 3-4 and 3-7 with regard to floodplain develop ment.</LI> <LI>The Board would like to discuss things that the City could do to provide incentives or advantages to property owners to be located in the UGA to offset what many of the affected property owners perceive as disadvantages. The example given was the possibility of loosening water meter restrictions to the water districts for growth occurring in the UGA.</LI></UL> <P>The Board then accepted comments fro the public. This item will be discussed at the joint meeting scheduled with the Lawrence City Commission on Thursday, October 16, 2003. No action was taken.</P> <P><STRONG>APPOINTMENTS 09-17-03</STRONG><BR>Johnson made a motion to reappoint Verdell Taylor, 3205 W. 26th Street, Law rence, KS, to the Douglas County Community Corrections Youth Services Advisory Board for an additional 2-year term which shall expire August 2005. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>APPOINTMENTS 09-17-03</STRONG><BR>Johnson made a motion to appoint J&#160; Simunac, Baldwin City, KS, to the Jayhawk Area Agency on Aging Board of Directors for a 3-year term which shall expire September 30, 2006. Motion was seconded by Jones and carried unani mously.</P> <P><STRONG>ACCOUNTS PAYABLE 09-17-03</STRONG><BR>McElhaney moved approval of accounts payable in the amount of $316,027.73 to be paid 9/15/03. Motion was seconded by Jones and carried unanimously.</P> <P>McElhaney moved for adjournment.&nbsp; Jones seconded and the motion carried.</P> <P>_____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P>

<P>Johnson called meeting to order at 6:35 P.M. on Wednesday, October 8, 2003, with all members present. The Pledge of Allegiance was recited.</P> <P>Johnson moved approval of the minutes of July 9, August 13, August 18, August 20, August 29, September 3, September 8, September 9, September 17, and September 29, as amended. Motion was seconded by Jones and carried unanimously.</P> <P>Johnson introduced Max Phillips, the representative from Lawrence High School.</P> <P><STRONG>PROCLAMATIONS 10-08-03</STRONG><BR>Reagan Heikes read a proclamation proclaiming October 5-11, 2003 as "National 4-H Week" in Douglas County. Jones moved approval of the proclamation as read; McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>PROCLAMATIONS 10-08-03</STRONG><BR>Johnson read a proclamation proclaiming Friday, October 10, 2003 as "Put the Brakes on Fatalities Day in Douglas County." McElhaney made a motion to adopt the proclamation as read, seconded by Jones and carried unanimously. The Board directed Keith Browning, Director of Public Works/County Engineer, to extend the Board's appreciation to the Traffic Safety Advisory Committee.</P> <P><STRONG>CONSENT AGENDA 10-08-03</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5165. Order is on file in the office of the County Clerk;</LI> <LI>Note receipt of fee reports for the month of August 2003;</LI> <LI>Approve Agreement for with Finney &amp; Turnipseed Transportation and Civil Engineering, L.L.P. for Phase 1 consulting engineering services for Project No. 23 C-3890-01 -- Bridge No. 09.24-16.00 at a lump sum cost of $6,750; and</LI> <LI>Renew the 911 telephone system maintenance contract with Nine One One, Inc. in the amount of $10,560.</LI></UL> <P>Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>AGREEMENTS &amp; PUBLIC WORKS 10-08-03</STRONG><BR>The Board considered approval of an agreement with the City of Lawrence and Kansas Turnpike Authority (KTA) for the replacement of the Kasold (Route 438) bridge over the Kansas Turnpike. Keith Browning, Director of Public Works/County Engineer, presented this item. Browning explained that Douglas County and the KTA have an existing agreement concerning the referenced bridge that stipulates the County is responsible for maintenance of the bridge deck and approach roadways and KTA is responsible for maintenance of the superstruc ture and substructure of the bridge. The agreement also stipulates that when the bridge needs to be replaced, the County will provide 80% of construction costs with the County's obligation authority of federal funds. The bridge is in need of replacement.</P> <P>The City of Lawrence has an interest in this bridge since it is anticipated that the city limits will expand north of the bridge during the life of the new bridge. The City wants to ensure that the bridge will meet the needs of the City well into the future, i.e., four lanes with sidewalks on both sides. The KTA is planning a future expansion of the turnpike to six lanes, and therefore wants to ensure the replace ment bridge meets their needs.</P> <P>The City has available federal funding obligation authority to contribute to this project. The agreement stipulates that the City will contribute federal funds to cover 80% of the construction and construction engineering costs for replacing the bridge. The remaining 20% local match required would be shared by the KTA (58%) and the County (42%). Under terms of the agreement, the KTA and the County would also share costs of design engineering by the same percentages, 58% by KTA and 42% by County. The County would be responsible for 100% of the costs for right-of-way and easement acquisitions required and for 100% of utility relocation costs. </P> <P>The City has placed this project on its Five Year Plan for federally funded projects. It is currently scheduled for an October 2005 bid letting. </P> <P>McElhaney made a motion to approve the agreement with the City of Lawrence and Kansas Turnpike Authority for the replacement of the Kasold (Route 438) bridge over the Kansas Turnpike. Jones seconded and the motion carried unanimously.</P> <P><STRONG>MISCELLANEOUS 10-08-03</STRONG><BR>The Board discussed issues to be faced over the next year. Craig Weinaug, County Administrator, presented this item. No action was taken.</P> <P><STRONG>ACCOUNTS PAYABLE 10-08-03</STRONG><BR>Jones moved approval of accounts payable in the amount of $127,077.75 to be paid 10/6/03; accounts payable manual checks in the amount of $766.00; payroll in the amount of $571,766.98; and electronic funds transfers in the amounts of&nbsp; $42,191.80 for FICA and $33,479.65 for KPERS to be paid 10/3/03. Motion was seconded by McElhaney and carried unanimously.</P> <P>Jones moved for adjournment.&nbsp; McElhaney seconded and the motion carried.</P> <P>_____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P>

<P>Johnson called meeting to order at 9:04 A.M. on Monday, October 20, 2003, with all members present. The Pledge of Allegiance was recited.</P> <P>Jones moved approval of the minutes of September 22 and October 8, 2003. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>CONSENT AGENDA 10-20-03</STRONG><BR>McElhaney moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos 5166 and 5167. Orders are on file in the office of the County Clerk;</LI> <LI>Approve the low base bid from LRM Industries in the amount of $17,923.50 for asphalt milling and filling work on Route 1055 (Project 2003-6) and the add-alternate bid for pavement markings from LRM Industries in the amount of $1,950.</LI></UL> <P>Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PURCHASING 10-20-03</STRONG><BR>The Board discussed the purchase of storage shelving. Pam Madl, Director of Administrative Services, explained that the County has the opportunity to purchase shelving that was used in a Payless Cashways store which has been closed due to bankruptcy. A development group purchased the building and is turning it into an indoor mini-storage facility. The shelving is heavy duty and includes all components. Madl requested approval to purchase the following:</P> <P> <TABLE borderColor=black cellSpacing=0 cellPadding=0 border=1> <TBODY> <TR> <TD style="WIDTH: 105px; HEIGHT: 20px"> <P align=center><STRONG>Quantity</STRONG></P></TD> <TD style="WIDTH: 157px; HEIGHT: 20px"><STRONG>Description</STRONG></TD> <TD style="WIDTH: 72px; HEIGHT: 20px"><STRONG>Total Cost</STRONG></TD></TR> <TR> <TD style="WIDTH: 105px; HEIGHT: 20px"> <P align=center>114</P></TD> <TD style="WIDTH: 157px; HEIGHT: 20px">8' Uprights (42" depth)</TD> <TD style="WIDTH: 72px; HEIGHT: 20px">$3,420</TD></TR> <TR> <TD style="WIDTH: 105px; HEIGHT: 20px"> <P align=center>678</P></TD> <TD style="WIDTH: 157px; HEIGHT: 20px">8' 6" Crossbeams</TD> <TD style="WIDTH: 72px; HEIGHT: 20px">$10,170</TD></TR> <TR> <TD style="WIDTH: 105px; HEIGHT: 20px"> <P align=center>113</P></TD> <TD style="WIDTH: 157px; HEIGHT: 20px">Particle Board</TD> <TD style="WIDTH: 72px; HEIGHT: 20px">$565</TD></TR> <TR> <TD colSpan=2> <P align=right><STRONG>Total:</STRONG></P></TD> <TD style="WIDTH: 157px; HEIGHT: 20px"> <P align=left><STRONG>$14,155</STRONG></P></TD></TR></TBODY></TABLE></P> <P>Based on information on the Internet, it is estimated that purchasing this shelving new would be approximately $26,394. This shelving is approximately 2-3 years old. The only additional cost would be for transportation of the shelving from Kansas City, Kansas to our location. Johnson made a motion to waive the Purchasing Policy and authorize the purchase of this shelving for $14,155. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>COURTHOUSE, JUDICIAL &amp; LAW ENFORCEMENT CENTER &amp; AGREE MENTS 10-20-03<BR></STRONG>The Board discussed the restoration work on the Courthouse &amp; Judicial and Law Enforcement Center. Bill Bell, Director of Buildings and Grounds, advised the Board that during the cleaning of the Courthouse, workers found gaps in the mortar. If sealed, the moisture would be sealed in. This will change the scope for the exterior restoration project previously approved by the Board on August 29, 2003, resulting in a credit of $4,980. Commercial Waterproofing, Inc., proposes to provide and install materials to fill large voids in the masonry for the amount of $2,490. Jones made a motion to authorize the expenditure of $2,490 to complete the project and authorized Craig Weinaug, County Administrator, change order authority to be confirmed on an informal basis by the Chair. Motion was sec onded by Johnson and carried unanimously.</P> <P><STRONG>OUT-DISTRICT COLLEGE TUITION STATEMENTS 10-20-03</STRONG><BR>Jones moved approval of the twelve (12) Out-District College Tuition Statements in the amount of $24,012. Johnson seconded and the motion carried with McElhaney opposed.</P> <P><STRONG>MISCELLANEOUS 10-20-03</STRONG><BR>The Board continued their discussion of issues to be faced over the next year. Craig Weinaug, County Administrator, presented this item. No action was taken.</P> <P><STRONG>ACCOUNTS PAYABLE 10-20-03</STRONG><BR>Jones moved approval of accounts payable in the amounts of $438,438.41 to be paid 10/13/03 and $616,561.32 to be paid 10/20/03; accounts payable manual checks in the amounts of $100.00, $48.29 and $1560.68; payroll in the amount of $567,221.77; and electronic funds transfers in the amounts of $41,850.80 for FICA and $33,240.98 for KPERS to be paid 10/17/03. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>MISCELLANEOUS &amp; SHERIFF 10-20-03</STRONG><BR>At 10:25 A.M. Johnson made a motion to go into executive session until 11:00 A.M. with Craig Weinaug, County Administrator; Pam Madl, Director of Adminis trative Services; and Rick Trapp, Sheriff, to discuss security. Motion was sec onded by Jones and carried unanimously. The Board returned to regular session at 11:00 A.M. No action was taken.</P> <P>&#160;Jones moved for adjournment.&nbsp; McElhaney seconded and the motion carried.</P> <P>_____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P>

<P>Johnson called meeting to order at 6:35 P.M. on Wednesday, October 22, 2003, with Johnson and McElhaney present. Jones was absent. The Pledge of Alle giance was recited.</P> <P><STRONG>CONSENT AGENDA 10-22-03</STRONG><BR>There were no consent items.</P> <P><STRONG>PLANNING, PUBLIC WORKS &amp; RESOLUTIONS 10-22-03</STRONG><BR>The Board considered Item No. 6 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated 9/27/03. This item is MM-08- 01-03: Request to rescind the "minimum maintenance" road designation for a portion of N 200 Road between E 1100 and E 1225 Roads in Willow Springs Township. Bill Ahrens, staff member of the Lawrence-Douglas County Metropoli tan Planning Department, was present for the discussion. The Planning Commis sion voted unanimously to approve the request to rescind "minimum mainte nance" road status for the portion of N 200 Road between E 1100 and E 1225 Road in Willow Springs and forward it to the County Commission with a recom mendation for approval. </P> <P>The Board then conducted a public hearing concerning rescinding the "minimum maintenance" designation. No public comment was received. McElhaney made a motion to close the public hearing, seconded by Johnson and carried.</P> <P>Johnson made a motion to approve Resolution No. 03-26 rescinding the declara tion of "minimum maintenance" for a portion of N 200 Road; McElhaney sec onded and the motion carried.</P> <P><STRONG>PUBLIC WORKS &amp; RESOLUTIONS 10-22-03<BR></STRONG>The Board noted receipt of a recommendation from the Clinton Township Board to rescind the "minimum maintenance" designation currently in effect for a portion of E 550 Road. Per the standard process, the Clinton Township Board held a public hearing to accept comments regarding a required recommendation to be made to Douglas County on the matter. The next step in the process requires a recommendation from the Planning Commission. Johnson made a motion to approve Resolution No. 03-27 initiating the process of designating a portion of E 550 Road as "minimum maintenance" and requesting a recommen dation from the Planning Commission. Motion was seconded by McElhaney and carried.</P> <P>Johnson moved for adjournment. McElhaney seconded and the motion carried.</P> <P>_____________________________ _____________________________<BR>Bob Johnson, Chairman Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_____________________________<BR>Patty Jaimes, County Clerk</P>

<P>Johnson called meeting to order at 9:02 A.M. on Monday, October 27, 2003, with all members present. The Pledge of Allegiance was recited.</P> <P>McElhaney moved approval of the minutes of October 20, 2003. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>CONSENT AGENDA 10-27-03</STRONG><BR>McElhaney moved approval of the following Consent Agenda:</P> <UL> <LI>Note receipt of fee reports for the month of September, 2003.</LI></UL> <P>Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PUBLIC WORKS &amp; AGREEMENTS 10-27-03</STRONG><BR>The Board considered approval of an Official Detour Agreement with the Kansas Department of Transportation for use of Route 1061 south of US 56 Highway. Keith Browning, Director of Public Works/County Engineer, was present for the discussion. KDOT plans to replace a concrete box culvert on K-33 Highway approximately 0.2 miles north of N 100 Road next spring. They wish to utilize Route 1061 between N 100 Road and US 56 Highway for a portion of the signed detour. The agreement stipulates that KDOT and Douglas County will inspect and document the condition of Route 1061 prior to routing K-33 traffic to the detour. Following the use of Route 1061 as the detour, KDOT will restore Route 1061 to pre-detour conditions. KDOT has also agreed to pay for the application of dust palliative material for the entire one-mile section of N 100 Road between Route 1061 and K-33 Highway. The Department of Public Works will arrange for the dust palliative application. Jones made a motion to approve the Official Detour Agreement with KDOT; McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>PURCHASING &amp; SHERIFF 10-27-03</STRONG><BR>The Board discussed the purchase of vehicles for the Sheriff's Office. Jackie Waggoner, Purchasing Agent, presented this item. Waggoner noted that Douglas County and the City of Lawrence participated in a regional cooperative bidding process for the acquisition of 2004 vehicles. The Sheriff's Office has allocated funds to purchase seven (7) patrol vehicles in 2003. The two patrol vehicles awarded on the contract were Ford Crown Victoria and Chevrolet Impala. The Sheriff is interesting in purchasing the Impala awarded to Roberts Auto Plaza of Platte City, MO. While the base cost is $17,200 per unit, the Sheriff's Office has added optional equipment totaling $300 per unit. The cost of removing and installing radio equipment and striping for all unites is anticipated to cost $11,305. All vehicles being replaced will be sent to auction. Jones made a motion to approve the purchase of seven (7) patrol vehicles from Roberts Auto Plaza in the amount of $122,500 and also authorized the expenditure of $11,305 for removal and installation of radio equipment and striping for all the units. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>ZONING 10-27-03</STRONG><BR>The Board considered approval of a request for a Temporary Business Use Permit received from Donna Wade Wingert, for the operation of a Flea Market to allow the retail sale of dried fruit and nuts from her residence at 693 E 1250 Road, Lawrence, KS. Keith Dabney, Director of Zoning &amp; Codes, was present for the discussion. Dabney noted that the proposed hours of operation will be from 7:30 A.M. to 6:30 P.M., from November 1 through December 15, 2003. The proposed location of the Temporary Business Use Permit would be in Mrs. Wingert's accessory building located at her residence. It is anticipated the parking area would be sufficient for approximately 20 parking spaces and space available for 200 plus vehicles on a gravel surface. Jones made a motion to approve the Temporary Business Use Permit, seconded by Johnson and carried. McElhaney abstained due to the fact that Mrs. Wingert is related to his wife.</P> <P><STRONG>ACCOUNTS PAYABLE 10-27-03</STRONG><BR>Jones moved approval of accounts payable in the amount of $136,314.23 to be paid 10/27/03. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>APPOINTMENTS 10-27-03</STRONG><BR>Johnson made a motion to appoint Dr. Sherri Vaughn, 1311 Wakarusa Drive, Lawrence, KS, to the Lawrence-Douglas County Health Board to the fill the unexpired term of Dr. Joan Brunfeldt, who has recently resigned. Dr. Vaughn's term will expire in March 2004. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>APPOINTMENTS 10-27-03</STRONG><BR>Jones made a motion to reappoint J. Stewart, P.O. Box 3008, Lawrence, KS, to the Board of Zoning Appeals to a three-year term expiring 10/30/06. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>MISCELLANEOUS &amp; ZONING 10-27-03</STRONG><BR>At 9:35 A.M. Johnson made a motion to go into executive session until 10:00 A.M. with Craig Weinaug, County Administrator; Keith Dabney, Director of Zoning &amp; Codes; and Evan Ice, County Counselor, to discuss potential litigation. Motion was seconded by Jones and carried unanimously. The Board returned to regular session at 9:58 A.M. No action was taken.</P> <P>&#160;Jones moved for adjournment.&nbsp; McElhaney seconded and the motion carried.</P> <P>_____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P>

<P>Johnson called meeting to order at 6:40 P.M. on Wednesday, October 29, 2003, with all members present. Also present was Max Phillips, Lawrence High School representative. The Pledge of Allegiance was recited.</P> <P>Johnson introduced and welcomed Casandra Woosley, a student from Eudora High School, who was present for observation for her Government Civic Duties class. </P> <P><STRONG>CONSENT AGENDA 10-29-03<BR></STRONG>There were no consent items.</P> <P><STRONG>PLANNING 10-29-03</STRONG><BR>The Board discussed septic system requirements in the Urban Growth Area. Richard Ziesenis, Director of Environmental Health for the Lawrence-Douglas County Health Department, conducted a presentation regarding minimum lot sizes for septic systems. Linda Finger, Director of the Lawrence-Douglas County Metropolitan Planning Department, was also present for the discussion. Jones suggested a concept that would give landowners more freedom to build more homes on their land, provided the new homes would be arranged so that city sewers, streets and more homes could be added in the future. The Board directed Finger and Ziesenis to come up with regulatory options for accomplish ing this goal without threatening public health. No action was taken.</P> <P>McElhaney moved for adjournment.&nbsp; Jones seconded and the motion carried unanimously.</P> <P>_____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P>

<P>Johnson called meeting to order at 9:00 A.M. on Monday, November 3, 2003, with all members present. The Pledge of Allegiance was recited.</P> <P>McElhaney moved approval of the minutes of October 22, 27, as amended, and 29, 2003.&nbsp; Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>CONSENT AGENDA 11-03-03<BR></STRONG>Johnson moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5168. Order is on file in the office of the County Clerk.</LI></UL> <P>Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>COURTHOUSE, JUDICIAL &amp; LAW ENFORCEMENT CENTER &amp; PURCHASING 11-03-03</STRONG><BR>The Board discussed bids received for interior and exterior signs for the Douglas County Courthouse and Judicial &amp; Law Enforcement Center. Jackie Waggoner, Purchasing Agent, was present for the discussion. Luminous Neon submitted the low bid in the amount of $25,476.50. Waggoner explained that the four exterior signs are scheduled for a historical review on November 20 and the sign vari ance is scheduled for December 4. As a result of the review, there may be mandated changes that would alter the original designs. If changes become necessary, authorization to negotiate with the awarded contractor would be necessary. Based on available funds in the Special Buildings Fund, Waggoner recommended awarding the entire contract with a contingency of ordinance approval on the exterior signs. McElhaney stated that he was not in favor of the design nor the fee. Jones stated that he believed the signs are needed. It was the consensus of the Board to table approval until after the historical review on November 20, 2003.</P> <P><STRONG>SHERIFF &amp; PURCHASING 11-03-03</STRONG><BR>The Board then considered acquisition of vehicles for the Drug Enforcement Unit. Jackie Waggoner, Purchasing Agent, presented this item. Sergeant Tarik Khatib, was also present for the discussion. The Drug Enforcement Unit (DEU) has been under contract with Laird Noller for the past two years for the lease of five (5) vehicles at a cost of $395 per vehicle per month, or $23,700 annually. In the process of renewing the contract, Laird Noller indicated they would have to raise the cost to $495, increasing the annual cost to $29,700. The Sheriff and the Chief of Police propose that used vehicles be purchased. Since the vehicles are used for the purpose of undercover work, used vehicles would allow them to have a variety of styles and be less conspicuous in their line of work. The City of Lawrence has contributed $30,000 for the purchase of two (2) used vehicles. The Sheriff budgets $16,000/year to lease the vehicles and the remaining expenses have been paid through drug forfeiture funds. The Sheriff prefers to maintain the $16,000 in the budget to be used for maintenance expenses and future replace ments. Drug seizure money is available to purchase the remaining three (3) vehicles. The Sheriff is prepared to spend a maximum of $36,000 for the three (3) vehicles. McElhaney expressed concerns regarding the cost of the used vehicles. Jones made a motion to waive the Purchasing Policy and authorize staff to purchase three (3) used vehicles at a total cost of $36,000. Johnson seconded and the motion carried 2-1 with McElhaney opposed.</P> <P><STRONG>OUT-DISTRICT COLLEGE TUITION STATEMENTS 11-03-03</STRONG><BR>Johnson moved approval of the fifteen (15) Out-District College Tuition State ments in the amount of $131,238. Jones seconded and the motion carried 2-1 with McElhaney opposed.</P> <P><STRONG>ACCOUNTS PAYABLE 11-03-03</STRONG><BR>McElhaney moved approval of accounts payable in the amount of $174,899.18 to be paid 11/03/03; accounts payable manual checks in the amounts of $224.56 and $4,157.56; payroll in the amount of $551,936.36; and electronic funds transfers in the amounts of $42,255.96 for FICA, $31,659.46 for KPERS, $246.29 for KPERS, and $305.60 for KPERS to be paid 10/31/03. Jones seconded and the motion carried unanimously.</P> <P><STRONG>APPOINTMENTS 11-03-03</STRONG><BR>Jones made a motion to reappoint J. Stewart, P.O. Box 3008, Lawrence, KS, to the Board of Zoning Appeals to an additional three-year term which shall expire 10/31/06. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>APPOINTMENTS 11-03-03</STRONG><BR>Term limits on various boards was discussed. It was the consensus of the Board to direct staff to prepare a resolution setting term limits on Boards.</P> <P>Jones moved for adjournment.&nbsp; McElhaney seconded and the motion carried.</P> <P>_____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P>

<P>Johnson called meeting to order at 6:35 P.M. on Wednesday, November 5, 2003, with all members present. Also present was Max Phillips, Lawrence High School Representative. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 11-05-03</STRONG><BR>McElhaney moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5169. Order is on file in the office of the County Clerk.</LI></UL> <P>Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 11-05-03</STRONG><BR>The Board discussed requests received from the Lawrence Board of Education, Baldwin City Board of Education and Eudora Board of Education to introduce a bill to the Kansas Legislature which would authorize a Douglas County vote to authorize a 1/2 cent sales tax. Craig Weinaug, County Administrator, presented the item. </P> <P>Johnson then asked for public comment. The following individuals made comments:</P> <UL> <LI>Sue Morgan, representative of the Lawrence Board of Education, spoke in favor.</LI> <LI>Austin Turney, representative of the Lawrence Board of Education, spoke in favor.</LI> <LI>Cindy Yulich, representative of the Lawrence Board of Education, spoke in favor.</LI> <LI>Marci Francisco, representative of the League of Women Voters, spoke in opposition.</LI></UL> <P>Johnson closed the public hearing. Johnson stated that he would support the request. Jones stated he would also support the request. McElhaney stated that he would not support the request. </P> <P>After discussion, Jones made a motion to direct staff to work with the legislative delegation to seek approval for the Douglas County Commissioners to submit the question of imposing a countywide retailers' sales tax at the rate of .50% for the purpose of economic development that would benefit our school districts. Motion was seconded by Johnson and carried 2-1 with McElhaney opposed. Student Representative Phillips voted in favor.</P> <P><STRONG>PLANNING AND MISCELLANEOUS 11-05-03</STRONG><BR>The Board discussed the impact of the Urban Growth Area boundaries on property values. Marion Johnson, County Appraiser, was present for the discussion. No action was taken.</P> <P>McElhaney moved for adjournment.&nbsp; Jones seconded and the motion carried unanimously.</P> <P>_____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P>

<P>Johnson called meeting to order at 9:03 A.M. on Monday, November 10, 2003, with all members present. The Pledge of Allegiance was recited.</P> <P>Jones moved approval of the minutes of November 3, 2003.&nbsp; Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>CONSENT AGENDA 11-03-03</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5170. Order is on file in the office of the County Clerk.</LI></UL> <P>Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>ZONING &amp; RESOLUTIONS 11-10-03</STRONG><BR>The Board discussed interpretations of the 250' road frontage requirements. Keith Dabney, Director of Zoning &amp; Codes, was present for the discussion. Dabney explained that the current Home Rule Resolution No. HR-02-3-1 d&#160;s not specifically define "frontage" which has created confusion. Dabney presented a resolution prepared by Evan Ice, County Counselor, which includes the following definition of frontage:</P> <P>&nbsp;The term "frontage" means the portion of private property touching the adjacent public right-of-way from which the property gains its primary access, provided, however, that such private property must have a depth of a minimum of 500 feet. Any portion of property having an uninterrupted depth of less than 250 feet from the edge of the public right-of-way to the back line of the property shall not be deemed frontage for purposes of this Resolution. The purpose of this definition is to prohibit the issuance of building permits for irregularly shaped tracts of property having 250 feet of width touching the public right-of-way, but within 250 feet of the public right-of-way narrowing to less than 250 feet in width.</P> <P>Johnson stated this was the original intent of the Board and questioned the need for a grandfather clause. Jones made the suggestion that the grandfather clause be narrow and requested that staff be directed to make revisions to the proposed resolution with the new language inserted in italics for consideration on Novem ber 12th. No action was taken.</P> <P><STRONG>EMERGENCY COMMUNICATIONS 11-10-03</STRONG><BR>The Board conducted a work session to discuss alternatives to provide en hanced 911 services to wireless customers. No action was taken.</P> <P><STRONG>ACCOUNTS PAYABLE 11-10-03</STRONG><BR>Jones moved approval of accounts payable in the amount of $364,561.02 to be paid 11/10/03. McElhaney seconded and the motion carried unanimously.</P> <P>Jones moved for adjournment.&nbsp; McElhaney seconded and the motion carried.</P> <P>_____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P>

<P>Johnson called meeting to order at 6:37 P.M. on Wednesday, November 12, 2003, with all members present. The Pledge of Allegiance was recited.</P> <P>Johnson introduced and welcomed Casandra Woosley as the Eudora Student representative.</P> <P>Jones moved approval of the minutes of November 5, 2003; Jones seconded and the motion carried unanimously.</P> <P><STRONG>CONSENT AGENDA 11-12-03</STRONG><BR>It was the consensus of the Board to pull the item "Consider resolution clarifying 250' road frontage requirements" for discussion. Therefore, there were no consent items.</P> <P><STRONG>ZONING &amp; RESOLUTIONS 11-12-03</STRONG><BR>The Board discussed approval of revisions to the Home Rule Resolution provid ing for the temporary prohibition of the issuance of permits for the construction or placement of dwellings and mobile homes on certain tracts. Johnson stated that he believed this resolution clearly and accurately states the original intent of the 250' easement. Jones stated that has been on the Board for five (5) years and knew this was the long-standing intent. McElhaney made a motion to approve Home Rule Resolution No. HR-03-11-5 providing for the temporary prohibition of the issuance of permits for the construction or placement of dwellings and mobile homes on certain tracts which serves to clarify the original intent. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PLANNING 11-12-03<BR></STRONG>The Board considered Item No. 9 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated 10/22/03. This item is CPA- 2003-4: Consider amendment to Horizon 2020 to update Economic Development Element. Brad Hauschild and Bryan Dyer, staff members of the Lawrence- Douglas County Metropolitan Planning Department, were present for the discus sion. Hauschild explained that this document is a summary of the Strategic Economic Development Plan for Douglas County which was recently updated. The proposed Economic Development Element would eventually be amended into Horizon 2020 emphasizing the Goals and Policies -- while the larger Strate gic Plan would serve as the primary document, providing more detailed informa tion. Johnson noted the language in Policy 6: Priority 6.1: stated:</P> <P>"The communities of Douglas County (Baldwin City, Eudora, Lawrence, and Lecompton) should initiate plans for business park development and each respective Planning Commission within those communities should work proactively in identifying areas for future business park development within their planning areas."</P> <P>Johnson stated that if the intent is planning commissions within Douglas County, including Baldwin City, Lecompton, Eudora and Lawrence and Douglas County supports development, he was supportive. However, if it is limited to exclusively within the city limits of those communities, he would not support. It was the consensus of the Board to direct staff to rework the language and place on the Consent Agenda on November 19, 2003. No action was taken.</P> <P><STRONG>PLANNING &amp; RESOLUTIONS 11-12-03<BR></STRONG>The Board then discussed a joint resolution of the City of Lawrence, Kansas and Douglas County, Kansas concerning the identification and establishment of future business parks in Lawrence and Douglas County. Johnson noted that the intent was to create a common directive from both commissions to the planning staff and commission to begin the process of identifying industrial sites for the process of updating Horizon 2020. The City considered approval of this resolu tion at their meeting on November 11, but did not take action. Jones stated he was supportive of the resolution. McElhaney cited concerns about specific zoning not being allowed in the County. Industrial needs might not always be within annexed city areas. It was the consensus of the Board that Johnson contact the Mayor to find out what the City's concerns were. No action was taken.</P> <P><STRONG>MISCELLANEOUS 11-12-03</STRONG><BR>At 7:35 P.M., Johnson made a motion to go into executive session until 8:0 P.M. with Craig Weinaug, County Administrator, and Dan Watkins, Attorney, to discuss litigation. Motion was seconded by Jones and carried unanimously. The Board returned to regular session at 8:00 P.M.</P> <P><STRONG>AGREEMENTS 11-12-03</STRONG><BR>Jones made a motion to authorize Craig Weinaug, County Administrator, to execute a Representation Agreement between Douglas County and Dan Watkins for representation in matters arising from Lawrence Journal World vs. Douglas County Board of Commissioners. Motion was seconded by McElhaney and carried unanimously.</P> <P>&#160;Jones moved for adjournment.&nbsp; McElhaney seconded and the motion carried unanimously.</P> <P>_____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P>

<P>Johnson called meeting to order at 9:03 A.M. on Monday, November 24, 2003, with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 11-24-03<BR></STRONG>McElhaney moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5175, 5176, 5178, 5179, and 5180. Orders are on file in the office of the County Clerk;</LI> <LI>Authorize Notice to Townships for cereal malt beverage licenses to Eudora Township for James Bigger, d/b/a Eudora Riverview Golf and Willow Springs Township for Baldwin Junction Enterprises;</LI> <LI>Note receipt of fee reports for the month of October; and</LI> <LI>Approve the following 2004 Holiday Schedule:<BR><BR>New Year's Day Thursday, January 1<BR>Martin Luther King Day Monday, January 19<BR>Memorial Day Monday, May 31<BR>Fourth of July Monday, July 5<BR>Labor Day Monday, September 6<BR>Thanksgiving Thursday-Friday, November 25-26<BR>Christmas Friday, December 24<BR>Two (2) Personal Discretionary Days</LI></UL> <P>Personal Discretionary Day:<BR>Eligibility: Employee's status must be permanent full time, perma nent part time, or special project, with an employment date on or before October 1, 2004.<BR>Definition: One (1) normal work day<BR>Scheduling: Must be taken all at one time (may not be split into hours). Must be scheduled in advance through the employee's supervisor and according to departmental procedures. Must be utilized during the calendar year 2004 and PRIOR to December 19, 2004.</P> <P>Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PURCHASING 11-24-03</STRONG><BR>The Board considered the possibility of allowing Internet auction as a method of disposal. Jackie Waggoner, Purchasing Agent, was present for the discussion. Waggoner explained that E-Surplus Auction was created exclusively for public agencies, private schools and universities as a comprehensive tool to dispose of surplus electronically. Jones made a motion to wave the Purchasing Policy to allow Internet auction as a method of disposal. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PURCHASING &amp; PUBLIC WORKS 11-24-03</STRONG><BR>The Board discussed bids received for the purchase of two (2) heavy duty tandem dump trucks, two (2) snow plows, and two (2) spreaders for the Public Works Department -- Operations Division. Jackie Waggoner, Purchasing Agent, explained that KCR International, Inc. provided the low bid for the equipment to be purchased and a high trade-in of $12,000 on the 1993 Ford dump truck. Rusty Eck Ford submitted the high trade-in of $7,000 on the 1988 Peterbuilt dump truck. Waggoner recommended that the county pursue E-Surplus Auction as the method of disposal for the two (2) trade-ins. McElhaney made a motion to accept the low bid received from KCR International Trucks, Inc. in the amount of $204,518 and authorize the utilization of E-Surplus Auction for disposal of the two (2) trade-ins. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PURCHASING 11-24-03</STRONG><BR>The Board then discussed bids received for the County's fuel contract. Jackie Waggoner, Purchasing Agent, explained that due to unforseen changes to our current fuel contract, bids were recently solicited for a new fuel contract instead of renewing the current contract. Bids were received from Capital City Oil and Fuelman of Mid America with Capital City Oil providing the low bid. However, Capital City Oil has only one location which is a convenience issue for the Sheriff's Office and Youth Services. Capital City Oil has expressed a willingness to install above-ground fuel tanks at location(s) more convenient for their use. Issues to be considered would be zoning and security. McElhaney made a motion to accept the low bid received from Capital City Oil; Jones seconded and the motion carried unanimously.</P> <P><STRONG>YOUTH SERVICES &amp; GRANTS 11-24-03</STRONG><BR>The Board discussed the FY 2005 7th Judicial District Juvenile Justice Authority Grant Application Summary. Pam Weigand, Director of Youth Services, was present for the discussion. Weigand explained that the Planning Team Executive Committee and Douglas County Youth Services staff completed the initial grant review process for the Advisory as they have in years past. The Executive Committee members participating were Bethany Daniels, District Attorney's Office; Judy Culley, The Shelter, Inc.; Ed Brunt, Lawrence Police Department; Trudy Rice, Kansas State Research and Extension Office; and Melissa Boisen. The Executive Committee members interviewed all of the applicant agencies in early November. The applicant agencies were notified of the Committee's preliminary funding recommendations and were advised of their ability to appeal to the Executive Committee. One request for appeal was received from Bert Nash Mental Health Center for the Working to Recognize Alternative Possibilities Program. Following the appeal hearing, it was the decision of the Executive Committee to make no adjustments to preliminary funding recommendations. The following table outlines the Board's recommendations:<FONT face=Arial></P> <P></P></FONT> <P align=center> <CENTER> <TABLE cellSpacing=0 cellPadding=6 width=570 border=1> <TBODY> <TR> <TD style="WIDTH: 609px" bgColor=#ffffff colSpan=5><B><FONT face=Arial size=2> <P align=center>7<SUP>th</SUP> Judicial District Juvenile Justice Authority<BR>Grant Application Summary FY 2005</B></FONT></P></TD></TR> <TR> <TD style="WIDTH: 184px" width="24%" height=26><FONT face=Arial size=1> <P align=center>Applicant</P> <P align=center>Agency</FONT></P></TD> <TD width="33%" height=26><FONT face=Arial size=1> <P align=center>Program</FONT></P></TD> <TD width="14%" height=26><FONT face=Arial size=1> <P align=center>FY 2004</P> <P align=center>Award</FONT></P></TD> <TD width="14%" height=26><FONT face=Arial size=1> <P align=center>FY 2005 Request</FONT></P></TD> <TD width="16%" height=26><FONT face=Arial size=1> <P align=center>FY 2005 Recommended </FONT></P></TD></TR> <TR> <TD style="WIDTH: 184px" width="24%" height=26><FONT face=Arial size=1> <P align=center>Bert Nash Mental Health Center</FONT></P></TD> <TD width="33%" height=26><FONT face=Arial size=1> <P align=center>Working to Recognize Alternative Possibilities (WRAP)</FONT></P></TD> <TD width="14%" height=26><FONT face=Arial size=1> <P align=right>$45,435.00</FONT></P></TD> <TD width="14%" height=26><FONT face=Arial size=1> <P align=right>$45,445.00</FONT></P></TD> <TD width="16%" height=26><FONT face=Arial size=1> <P align=right>$21,081.00</FONT></P></TD></TR> <TR> <TD style="WIDTH: 184px" width="24%" height=26><FONT face=Arial size=1> <P align=center>Big Brothers and Big Sisters</FONT></P></TD> <TD width="33%" height=26><FONT face=Arial size=1> <P align=center>Partnership with Youth</FONT></P></TD> <TD width="14%" height=26><FONT face=Arial size=1> <P align=right>$9,176.00</FONT></P></TD> <TD width="14%" height=26><FONT face=Arial size=1> <P align=right>$9,937.00</FONT></P></TD> <TD width="16%" height=26><FONT face=Arial size=1> <P align=right>$7,280.00</FONT></P></TD></TR> <TR> <TD style="WIDTH: 184px" width="24%" height=26><FONT face=Arial size=1> <P align=center>Boys And Girls Club of Lawrence &amp;</P> <P align=center>Unified School District 497 (Lawrence)</FONT></P></TD> <TD width="33%" height=26><FONT face=Arial size=1> <P align=center></P> <P align=center>After School Programming</FONT></P></TD> <TD width="14%" height=26><FONT face=Arial size=1> <P align=right>$9,720.00</FONT></P></TD> <TD width="14%" height=26><FONT face=Arial size=1> <P align=right></P> <P align=right>$100,000.00</FONT></P></TD> <TD width="16%" height=26><FONT face=Arial size=1> <P align=right></P> <P align=right>$44,957.00</FONT></P></TD></TR> <TR> <TD style="WIDTH: 184px" width="24%" height=26> <P></P></TD> <TD width="33%" height=26> <P></P></TD> <TD width="14%" height=26><FONT face=Arial size=1> <P align=right>$17,725.00</FONT></P></TD> <TD width="14%" height=26> <P></P></TD> <TD width="16%" height=26> <P></P></TD></TR> <TR> <TD style="WIDTH: 184px" width="24%" height=26><FONT face=Arial size=1> <P align=center>K.U. Center for Research Inc.</FONT></P></TD> <TD width="33%" height=26><FONT face=Arial size=1> <P align=center>KU Truancy Prevention &amp; Diversion Program</FONT></P></TD> <TD width="14%" height=26><FONT face=Arial size=1> <P align=right>$7,475.00</FONT></P></TD> <TD width="14%" height=26><FONT face=Arial size=1> <P align=right>$10,400.00</FONT></P></TD> <TD width="16%" height=26><FONT face=Arial size=1> <P align=right>$10,400.00</FONT></P></TD></TR> <TR> <TD style="WIDTH: 184px" width="24%" height=26><FONT face=Arial size=1> <P align=center>Mother to Mother of Douglas County</FONT></P></TD> <TD width="33%" height=26><FONT face=Arial size=1> <P align=center>Dad’s Time</FONT></P></TD> <TD width="14%" height=26><FONT face=Arial size=1> <P align=right>$3,327.00</FONT></P></TD> <TD width="14%" height=26><FONT face=Arial size=1> <P align=right>$3,527.00</FONT></P></TD> <TD width="16%" height=26><FONT face=Arial size=1> <P align=right>$3,527.00</FONT></P></TD></TR> <TR> <TD style="WIDTH: 184px" width="24%" height=26><FONT face=Arial size=1> <P align=center>Unified School District 348 (Baldwin)</FONT></P></TD> <TD width="33%" height=26><FONT face=Arial size=1> <P align=center>Tutoring for School Success</FONT></P></TD> <TD width="14%" height=26><FONT face=Arial size=1> <P align=right>$9,804.00</FONT></P></TD> <TD width="14%" height=26><FONT face=Arial size=1> <P align=right>$9,804.00</FONT></P></TD> <TD width="16%" height=26><FONT face=Arial size=1> <P align=right>$9,804.00</FONT></P></TD></TR> <TR> <TD style="WIDTH: 184px" width="24%" height=26><FONT face=Arial size=1> <P align=center>Unified School District 348 (Baldwin)</FONT></P></TD> <TD width="33%" height=26><FONT face=Arial size=1> <P align=center>Bulldog Den (Jr High)</FONT></P></TD> <TD width="14%" height=26><FONT face=Arial size=1> <P align=right>$8,045.00</FONT></P></TD> <TD width="14%" height=26><FONT face=Arial size=1> <P align=right>$8,045.00</FONT></P></TD> <TD width="16%" height=26><FONT face=Arial size=1> <P align=right>$8,045.00</FONT></P></TD></TR> <TR> <TD style="WIDTH: 184px" width="24%" height=26><FONT face=Arial size=1> <P align=center>Van Go Mobile Arts</FONT></P></TD> <TD width="33%" height=26><FONT face=Arial size=1> <P align=center>Jobs in the Arts Make Sense (JAMS)</FONT></P></TD> <TD width="14%" height=26><FONT face=Arial size=1> <P align=right>$13,662.00</FONT></P></TD> <TD width="14%" height=26><FONT face=Arial size=1> <P align=right>$39,100.00</FONT></P></TD> <TD width="16%" height=26><FONT face=Arial size=1> <P align=right>$17,595.00</FONT></P></TD></TR> <TR> <TD style="WIDTH: 184px" width="24%" height=26><FONT face=Arial size=1> <P align=center>Douglas County Citizen Review Board (CRB)</FONT></P></TD> <TD width="33%" height=26><FONT face=Arial size=1> <P align=center>JO CRB</FONT></P></TD> <TD width="14%" height=26><FONT face=Arial size=1> <P align=right>$13,000.00</FONT></P></TD> <TD width="14%" height=26><FONT face=Arial size=1> <P align=right>$18,897.00</FONT></P></TD> <TD width="16%" height=26><FONT face=Arial size=1> <P align=right>$14,352.00</FONT></P></TD></TR> <TR> <TD style="WIDTH: 184px" width="24%" height=26><FONT face=Arial size=1> <P align=center>Douglas County Youth Services</FONT></P></TD> <TD width="33%" height=26><FONT face=Arial size=1> <P align=center>Detention Day School</FONT></P></TD> <TD width="14%" height=26><FONT face=Arial size=1> <P align=right>$33,499.00</FONT></P></TD> <TD width="14%" height=26><FONT face=Arial size=1> <P align=right>$35,163.00</FONT></P></TD> <TD width="16%" height=26><FONT face=Arial size=1> <P align=right>Transfer to GS</FONT></P></TD></TR> <TR> <TD style="WIDTH: 184px" width="24%" height=26><FONT face=Arial size=1> <P align=center>DCCCA</FONT></P></TD> <TD width="33%" height=26><FONT face=Arial size=1> <P align=center>Juvenile Outpatient Treatment</FONT></P></TD> <TD width="14%" height=26><FONT face=Arial size=1> <P align=right>$17,127.00</FONT></P></TD> <TD width="14%" height=26><FONT face=Arial size=1> <P align=right>$17,127.00</FONT></P></TD> <TD width="16%" height=26><FONT face=Arial size=1> <P align=right>$17,127.00</FONT></P></TD></TR> <TR> <TD style="WIDTH: 184px" width="24%" height=26><FONT face=Arial size=1> <P align=center>Family Enhancement of Community Living Opportunities</FONT></P></TD> <TD width="33%" height=26><FONT face=Arial size=1> <P align=center>Family Enhancement</P> <P align=center></FONT></P></TD> <TD width="14%" height=26><FONT face=Arial size=1> <P align=right>$29,380.00</FONT></P></TD> <TD width="14%" height=26><FONT face=Arial size=1> <P align=right>$29,707.00</FONT></P></TD> <TD width="16%" height=26><FONT face=Arial size=1> <P align=right>$29,707.00</FONT></P></TD></TR> <TR> <TD width="56%" bgColor=#ffffff colSpan=2 height=26><B><FONT face=Arial size=1> <P align=right>Prevention/Intervention Sub Total</B></FONT></P></TD> <TD width="14%" bgColor=#ffffff height=26><FONT face=Arial size=1> <P align=right>$217,375.00</FONT></P></TD> <TD width="14%" bgColor=#ffffff height=26><FONT face=Arial size=1> <P align=right>$327,152.00</FONT></P></TD> <TD width="16%" bgColor=#ffffff height=26><FONT face=Arial size=1> <P align=right>$183,875.00</FONT></P></TD></TR> <TR> <TD style="WIDTH: 184px" width="24%" height=26><FONT face=Arial size=1> <P align=center>Douglas County Youth Services</FONT></P></TD> <TD width="33%" height=26><FONT face=Arial size=1> <P align=center>Case Management </FONT></P></TD> <TD width="14%" height=26><FONT face=Arial size=1> <P align=right>$103,689.00</FONT></P></TD> <TD width="14%" height=26><FONT face=Arial size=1> <P align=right></P> <P align=center>Determined by JJA</FONT></P></TD> <TD width="16%" height=26><FONT face=Arial size=1> <P align=right>$103,689.00</FONT></P></TD></TR> <TR> <TD style="WIDTH: 184px" width="24%" height=26><FONT face=Arial size=1> <P align=center>The Shelter Inc.</FONT></P></TD> <TD width="33%" height=26><FONT face=Arial size=1> <P align=center>JIAS </FONT></P></TD> <TD width="14%" height=26><FONT face=Arial size=1> <P align=right>$155,700.00</FONT></P></TD> <TD width="14%" height=26> <P></P></TD> <TD width="16%" height=26><FONT face=Arial size=1> <P align=right>$155,700.00</FONT></P></TD></TR> <TR> <TD style="WIDTH: 184px" width="24%" height=26><FONT face=Arial size=1> <P align=center>Douglas County Youth Services</FONT></P></TD> <TD width="33%" height=26><FONT face=Arial size=1> <P align=center>JISP </FONT></P></TD> <TD width="14%" height=26><FONT face=Arial size=1> <P align=right>$213,740.00</FONT></P></TD> <TD width="14%" height=26> <P></P></TD> <TD width="16%" height=26> <P></P></TD></TR> <TR> <TD style="WIDTH: 184px" width="24%" height=26><FONT face=Arial size=1> <P align=center>Douglas County Youth Services</FONT></P></TD> <TD width="33%" height=26><FONT face=Arial size=1> <P align=center>JISP with Day School Sanction Program</FONT></P></TD> <TD width="14%" height=26> <P></P></TD> <TD width="14%" height=26><FONT face=Arial size=1> <P align=center>Transfer</FONT></P></TD> <TD width="16%" height=26><FONT face=Arial size=1> <P align=right>$247,239.00</FONT></P></TD></TR> <TR> <TD style="WIDTH: 184px" width="24%" bgColor=#ffffff height=26> <P></P></TD> <TD width="33%" bgColor=#ffffff height=26><FONT face=Arial size=1> <P align=right>Core Services Sub Total</FONT></P></TD> <TD width="14%" bgColor=#ffffff height=26><FONT face=Arial size=1> <P align=right>$473,129.00</FONT></P></TD> <TD width="14%" bgColor=#ffffff height=26> <P></P></TD> <TD width="16%" bgColor=#ffffff height=26><FONT face=Arial size=1> <P align=right>$506,628.00</FONT></P></TD></TR> <TR> <TD width="56%" colSpan=2 height=26><FONT face=Arial size=1> <P align=right>Total</FONT></P></TD> <TD width="14%" height=26><FONT face=Arial size=1> <P align=right>$690,504.00</FONT></P></TD> <TD width="14%" height=26> <P></P></TD> <TD width="16%" height=26><FONT face=Arial size=1> <P align=right>$690,503.00</FONT></P></TD></TR></TBODY></TABLE><FONT face=Arial size=1></FONT><FONT face=Arial></FONT></CENTER> <CENTER><FONT face=Arial></FONT></CENTER> <DIV>Jones made the suggestion that the Executive Committee be appointed by the County Commission in the future. He directed staff to review his suggestion and report back to the Commission before the budget hearings, if appropriate. Johnson then made a motion to approve the 7th Judicial District Juvenile Justice Authority Prevention/Intervention Funding Application for FY 2005 as outlined above. Motion was seconded by Jones and carried unanimously.</DIV> <DIV>&nbsp;</DIV> <DIV><STRONG>RURAL WATER &amp; PLANNING 11-24-03</STRONG></DIV> <DIV align=left>The Board discussed the Petition for Attachment of Land to Rural Water District #4. John Nitcher, attorney, was present for the discussion. This item was previously discussed on April 16, 2003 and July 9, 2003 and postponed until action had been taken on the expansion of the Urban Growth Area. At its meeting on May 28, 2003, the Planning Commission forwarded the following formal comment on the proposed expansion with the recommended inclusion of the following conditions:</DIV> <DIV align=left><BR>1. Undeveloped properties in the enlargement area and within the 3-mile planning boundaries of Lawrence, Eudora and Baldwin shall be platted before receiving new water meters or service lines from RWD #4;</DIV> <DIV align=left>2. RWD #4 waives their statutory right to compensation for infrastructure and meters located on lands within the island annexations and annexed by the City that meet all of the following conditions:</DIV> <DIV align=left>a. The lands are within the 3-mile planning boundary of an incorporated city of Douglas County;</DIV> <DIV align=left>b. Properties not provided water service by RWD #4 as of the date of the district service area adjustment; and</DIV> <DIV align=left>c. Meters and/or other infrastructure are not reusable by the City upon annexation.</DIV> <DIV align=left>3. RWD #4 will not waive compensation rights for any properties currently receiving service from RWD #4, regardless of the property’s location within or outside the 3-mile planning boundary of any incorporated city; and</DIV> <DIV align=left>4. RWD #4 and the City will negotiate a fair market price for compensation to be paid to RWD #4 for meters and/or other infrastructure that is reusable by the City when upon annexation.</DIV> <DIV align=left><BR>Johnson proposed that Condition 1 be stricken. Jones and McElhaney were in agreement. After discussion, Johnson made the motion to approve the Petition for Attachment of Lands to Rural Water District No. 4 subject to the following conditions:</DIV> <DIV align=left><BR>1. RWD #4 waives their statutory right to compensation for infrastructure and meters located on lands within the island annexations and annexed by the City that meet all of the following conditions:</DIV> <DIV align=left>a. The lands are within the 3-mile planning boundary of an incorporated city of Douglas County;</DIV> <DIV align=left>b. Properties not provided water service by RWD #4 as of the date of the district service area adjustment; and</DIV> <DIV align=left>c. Meters and/or other infrastructure are not reusable by the City upon annexation.</DIV> <DIV align=left>2. RWD #4 will not waive compensation rights for any properties currently receiving service from RWD #4, regardless of the property’s location within or outside the 3-mile planning boundary of any incorporated city; and</DIV> <DIV align=left>3. RWD #4 and the City will negotiate a fair market price for compensation to be paid to RWD #4 for meters and/or other infrastructure that is reusable by the City when upon annexation.</DIV> <DIV align=left><BR>Motion was seconded by Jones and carried unanimously.</DIV> <DIV align=left><BR><STRONG>ACCOUNTS PAYABLE 11-24-03</STRONG></DIV> <DIV align=left>Jones moved approval of lump sum merit payroll in the amount of $80,474.04 and electronic funds transfers in the amounts of $6,166.99 for FICA and $2,594.85 for KPERS to be paid 11/21/03. Motion was seconded by McElhaney and carried unanimously.</DIV> <DIV align=left><BR>Johnson moved for adjournment. Jones seconded and the motion carried.</DIV> <DIV align=left></DIV> <DIV align=left>_____________________________ _____________________________</DIV> <DIV align=left>Bob Johnson, Chairman Jere McElhaney, Member</DIV> <DIV align=left><BR>ATTEST:</DIV> <DIV align=left><BR>_______________________________ ________________________________</DIV> <DIV align=left>Patty Jaimes, County Clerk Charles Jones, Member</DIV>

<P>Johnson called meeting to order at 9:04 A.M. on Monday, December 1, 2003, with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 12-01-03</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5181 and 5182. Orders are on file in the office of the County Clerk; and</LI> <LI>Authorize Notice to Townships for cereal malt beverage licenses to Grant Township for Wesley R. Kabler, d/b/a The Bird of Lawrence, and Wesley R. Kabler, d/b/a Flamingo Catering; and Eudora Township for Larry Stewart, d/b/a Gilded Cage.</LI></UL> <P>Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 12-01-03</STRONG><BR>The Board discussed a proposal from the City of Lawrence to name an unnamed stream in Douglas County Burroughs Creek. Craig Weinaug, County Administra tor, explained that the United States Board on Geographic Names submitted a letter in reference to a proposal that the Board received to name an unnamed stream in Douglas County, Burroughs Creek. The Board is responsible by law for standardizing geographic names for use by the Federal Government, and its members must approve a new name before it can be applied to Federal maps and publications. Because local acceptance of any proposed name is of para mount importance to the Board, they were interested in receiving the recommen dation of the Douglas County Commissioners regarding the proposal. Scott Wagner, representative of the City of Lawrence Department of Legal Services, submitted the proposal. The stream is a 4.2 km (2.6 mi) long tributary of the Kansas River. The proposed name change is in honor of William S. Burroughs, the noted "Beat Generation" writer who lived in Douglas County, Kansas begin ning in 1981. In the fall of 1982, Mr. Burroughs moved to 1927 Learnard Avenue to a house which is adjacent to the creek. He lived at this location until his death in August 1997, a period of nearly 15 years. McElhaney stated he would not support this proposal as he had conducted some research on Mr. Burroughs noting he had a drug problem and led a revolutionary lifestyle. He believed this would send the wrong message. Jones stated that Mr. Burroughs was also a great literary figure. His contributions should not be dismissed by the negative aspects of his life. Johnson stated he would prefer not to take a position. No action was taken.</P> <P><STRONG>PURCHASING, COURTHOUSE, AND JUDICIAL &amp; LAW ENFORCEMENT CENTER 12-01-03</STRONG><BR>At it's meeting on November 3, 2003, the Board discussed exterior signs for the Douglas County Courthouse and Judicial &amp; Law Enforcement Center. It was the consensus of the Board at that time to table discussion until the historic review had been conducted. Jackie Waggoner, Purchasing Agent, explained that as a result of the review, recommendations were made to reduce the number of exterior signs, and decrease the size of the signs. Two (2) of the four (4) signs have been eliminated and the size has been changed from the original 4' X 10'- 10" to 3' X 6'-11". Administrative approval has been received from the Historic Resources Administrator. Based on the changes, Luminous Neon, the low bidder, has submitted the following revised bid:<FONT face=Arial></P></FONT> <P> <TABLE cellSpacing=0 cellPadding=8 width=516 border=0> <TBODY> <TR> <TD width="59%" height=26> <P></P></TD> <TD width="20%" height=26><FONT face=Arial> <P align=right><STRONG>Original</STRONG></FONT></P></TD> <TD width="21%" height=26><FONT face=Arial> <P align=right><STRONG>Revised</STRONG></FONT></P></TD></TR> <TR> <TD width="59%" height=26><FONT face=Arial> <P>Interior Sign for Courthouse</FONT></P></TD> <TD width="20%" height=26><FONT face=Arial> <P align=right>$8,744.00</FONT></P></TD> <TD width="21%" height=26><FONT face=Arial> <P align=right>$8,744.00</FONT></P></TD></TR> <TR> <TD width="59%" height=26><FONT face=Arial> <P>2-Exterior Free Standing Directory Signs</FONT></P></TD> <TD width="20%" height=26><FONT face=Arial> <P align=right>$7,302.00</FONT></P></TD> <TD width="21%" height=26><FONT face=Arial> <P align=right>$5,325.00</FONT></P></TD></TR> <TR> <TD width="59%" height=26><FONT face=Arial> <P>2-Exterior Free Standing Directory Signs</FONT></P></TD> <TD width="20%" height=26><FONT face=Arial> <P align=right>$7,030.00</FONT></P></TD> <TD width="21%" height=26><FONT face=Arial> <P align=right>$0.00</FONT></P></TD></TR> <TR> <TD width="59%" height=26><FONT face=Arial> <P>Interior Courthouse Directory</FONT></P></TD> <TD width="20%" height=26><FONT face=Arial> <P align=right>$3,896.00</FONT></P></TD> <TD width="21%" height=26><FONT face=Arial> <P align=right>$3,896.00</FONT></P></TD></TR> <TR> <TD width="59%" height=26><FONT face=Arial> <P>Judicial &amp; Law Enforcement Center</FONT></P></TD> <TD width="20%" height=26><FONT face=Arial> <P align=right>$3,336.00</FONT></P></TD> <TD width="21%" height=26><FONT face=Arial> <P align=right>$562.00</FONT></P></TD></TR> <TR> <TD width="59%" height=26><FONT face=Arial> <P>Credit for Design</FONT></P></TD> <TD width="20%" height=26><FONT face=Arial> <P align=right>-$4,831.50</FONT></P></TD> <TD width="21%" height=26><FONT face=Arial> <P align=right>-$4,831.50</FONT></P></TD></TR> <TR> <TD width="59%" height=26><B><FONT face=Arial> <P>TOTAL COST</B></FONT></P></TD> <TD width="20%" height=26><FONT face=Arial> <P align=right>$25,476.50</FONT></P></TD> <TD width="21%" height=26><FONT face=Arial> <P align=right>$16,695.50</FONT></P></TD></TR></TBODY></TABLE>Jones made a motion to accept the low bid submitted by Luminous Neon in the amount of $16,695.50; McElhaney seconded and the motion carried unani mously.</P> <P><STRONG>PERSONNEL &amp; BUDGET 12-01-03<BR></STRONG>The Board considered approval of the 2004 Cost of Living Adjustment for 2004. The 2004 approved budget contains a one and one-half percent (1.5%) cost of living adjustment for County employees. Jones made a motion to approve the 1.5% Cost of Living Adjustment for 2004 as budgeted and directed staff to remind the workers of the protection provided with regard to health insurance increases. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 12-01-03<BR></STRONG>Jones moved approval of accounts payable in the amount of $115,406.76 to be paid 12/01/03; accounts payable manual checks in the amounts of $14,917.57 and $3,027.04; payroll in the amount of $576,711.61; and electronic funds transfers in the amounts of $42,106.67 for FICA and $30,030.57 for KPERS to be paid 11/26/03. Motion was seconded by McElhaney and carried unanimously.<BR><BR>Jones moved for adjournment. McElhaney seconded and the motion carried.</P> <P>_____________________________ _____________________________<BR>Bob Johnson, Chairman Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member<FONT face=Arial></P></FONT>

<P>Jones called the meeting to order at 6:36 P.M. on Wednesday, February 11, 2004 with all members present. Also present was student representative Casandra Woosley. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 02-11-04</STRONG><BR>Johnson moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5215. Order is on fille in the office of the County Clerk;</LI> <LI>Accept the bids for crushed rock for road and bridge maintenance from Hunt Midwest for AB-3 in the amount of $15,000 for 3,000 tons from the Lawrence quarry; from Hunt Midwest for Shot Rock in the amount of $21,000 for 3,500 tons from the Globe quarry; from Martin Marietta (Ottawa quarry) of $32,500 for 10,000 tons of AB-3 and $12,000 for 1,000 tons of Riprap; and</LI> <LI>Accept the low bid received from Lone Pine AG-Service for the supply of herbicides to treat noxious weeds, summarized as follows:</LI></UL> <P> <TABLE cellSpacing=0 cellPadding=8 width=510 border=0> <TBODY> <TR> <TD width="42%" height=26><FONT face=Arial> <P>Herbicide</FONT></P></TD> <TD width="16%" height=26><FONT face=Arial> <P align=center>Quantity</FONT></P></TD> <TD width="21%" height=26><FONT face=Arial> <P align=right>Cost/gallon</FONT></P></TD> <TD width="20%" height=26><FONT face=Arial> <P align=center>Cost</FONT></P></TD></TR> <TR> <TD width="42%" height=26><FONT face=Arial> <P>Glyphosate</FONT></P></TD> <TD width="16%" height=26><FONT face=Arial> <P align=center>400</FONT></P></TD> <TD width="21%" height=26><FONT face=Arial> <P align=right>$11.43</FONT></P></TD> <TD width="20%" height=26><FONT face=Arial> <P align=right>$4,572.00</FONT></P></TD></TR> <TR> <TD width="42%" height=26><FONT face=Arial> <P>Remedy</FONT></P></TD> <TD width="16%" height=26><FONT face=Arial> <P align=center>80</FONT></P></TD> <TD width="21%" height=26><FONT face=Arial> <P align=right>$74.58</FONT></P></TD> <TD width="20%" height=26><FONT face=Arial> <P align=right>$5,966.40</FONT></P></TD></TR> <TR> <TD width="42%" height=26><FONT face=Arial> <P>2,4-D Amine</FONT></P></TD> <TD width="16%" height=26><FONT face=Arial> <P align=center>1800</FONT></P></TD> <TD width="21%" height=26><FONT face=Arial> <P align=right>$8.73</FONT></P></TD> <TD width="20%" height=26><FONT face=Arial> <P align=right>$15,714.00</FONT></P></TD></TR> <TR> <TD width="42%" height=26><FONT face=Arial> <P>2,4-D (LV)</FONT></P></TD> <TD width="16%" height=26><FONT face=Arial> <P align=center>300</FONT></P></TD> <TD width="21%" height=26><FONT face=Arial> <P align=right>$10.44</FONT></P></TD> <TD width="20%" height=26><FONT face=Arial> <P align=right>$3,132.00</FONT></P></TD></TR> <TR> <TD width="42%" height=26><FONT face=Arial> <P>Tordon 22K</FONT></P></TD> <TD width="16%" height=26><FONT face=Arial> <P align=center>400</FONT></P></TD> <TD width="21%" height=26><FONT face=Arial> <P align=right>$74.33</FONT></P></TD> <TD width="20%" height=26><FONT face=Arial> <P align=right>$29,732.00</FONT></P></TD></TR> <TR> <TD width="42%" height=26> <P></P></TD> <TD width="16%" height=26> <P></P></TD> <TD width="21%" height=26><FONT face=Arial> <P>Total</FONT></P></TD> <TD width="20%" height=26><FONT face=Arial> <P align=right>$59,116.40</FONT></P></TD></TR></TBODY></TABLE><FONT face=Arial></FONT></P> <P>Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>EXTENSION OFFICE 02-11-04<BR></STRONG>Trudy Rice, County Extension Director, conducted a presentation -- Extension Highlights -- "Why We Are More Relevant Today Than Ever." No action was taken.</P> <P><STRONG>PUBLIC WORKS, TOWNSHIPS &amp; RESOLUTIONS 02-11-04<BR></STRONG>The Board conducted a public hearing to accept public comment concerning the possibility of declaring a portion of E 550 Road as "minimum maintenance." Keith Browning, Director of Public Works/County Engineer, presented this item. Jones made a motion to open the public hearing; Johnson seconded and the motion carried unanimously. Nancy Hodges, nearby property owner stated that she would prefer that this road not be declared minimum maintenance. She noted concerns about not being able to obtain a building permit if they should desire to build in the future. Jones stated that he was inclined to declare it minimum<BR>maintenance which would protect Clinton Township from potential liability. He also stated that if the Hodges were to build in the future, the road would have to be improved and the minimum maintenance designation could be reversed. No additional public comment was received. Jones made a motion to close the public hearing; Johnson seconded and the motion carried unanimously. </P> <P>Jones made a motion to approve Resolution No. 04-06 designating a portion of&nbsp;E 550 Road as "minimum maintenance" noting specifically that this Commission would support re-opening this road if the road were improved. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>PUBLIC WORKS 02-11-04<BR></STRONG>The Board discussed proposed speed limits for Route 1055 and Route 12 near Baldwin City. Keith Browning, Director of Public Works/County Engineer, was present for the discussion. Johnson made a motion to approve the following resolutions:</P> <UL> <LI>Resolution No. 04-07 extending the existing 30-mph speed limit on Route 12 from the Douglas County State Park boundary west 575 feet to a point 300 feet west of N 375 Road;</LI> <LI>Resolution No. 04-08 establishing a 45-mph speed limit on Route 12 from E 1750 Road to 300 feet west of N 375 Road; and</LI> <LI>Resolution No. 04-09 establishing a 45-mph speed limit on Route 1055 from N 400 Diagonal Road to 500 feet north of Route 12.</LI></UL> <P>Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PLANNING 02-11-04<BR></STRONG>The Board discussed CPA-2003-2: An amendment to Chapter 6, the Commercial Land Use Chapter of Horizon 2020, updating the review criteria and establishing new standards for commercial land use (development and redevelopment) in Lawrence and the unincorporated areas of Douglas County. Bryan Dyer, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. </P> <P>McElhaney noted that his preference for square footage of Community Commercial Centers would be 500,000 square feet. This would reduce the number of 250,000 square foot areas that would be spread out through the community. If we have larger areas, we have fewer of them and there would be less opposition from neighbors and the community. It is cheaper for the City to extend infrastructure to fewer areas. Jones offered to sit down and look at the logic. McElhaney stated that he believes the Commission should be unanimous in whatever decision is made.</P> <P>Johnson made several notations and comments. It was the consensus of the Board that Dyer relay these notations to the City and Planning Commissions and schedule a joint study session in the near future if needed. No action was taken.</P> <P><STRONG>PLANNING &amp; RESOLUTIONS 02-11-04<BR></STRONG>McElhaney made a motion to approve Resolution No. 04-10, a Joint Ordinance/Resolution of the City of Lawrence, Kansas, and the Board of County Commissioners of Douglas County, Kansas amending Section 21-104(a) of the Joint City/County Subdivision Regulations of the "Code of the City of Lawrence, Kansas, 2003," and amendments thereto to require subdivision plats within the City of Lawrence to include all contiguous land under the same ownership. Jones seconded and the motion carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 02-11-04</STRONG><BR>McElhaney moved approval of accounts payable in the amount of $2,517,988.58 to be paid 2/10/04; accounts payable manual checks in the amount of $2,386.69; payroll in the amount of $588,198.47; and electronic funds transfers in the amounts of $43,475.63 for FICA, and $34,348.77 for KPERS. Motion was seconded by Johnson and carried unanimously.</P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P></P> <P>_____________________________ _____________________________<BR>Charles Jones, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Jere McElhaney, Member<BR></P>

<P>Johnson called meeting to order at 8:40 A.M. on Monday, November 17, 2003 with all members present. The Pledge of Allegiance was recited.</P> <P>Johnson moved approval of the minutes of November 10 and November 12, 2003; Jones seconded and the motion carried unanimously.</P> <P><STRONG>CONSENT AGENDA 11-17-03<BR></STRONG>Jones moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5172. Order is on file in the office of the County Clerk.</LI></UL> <P>Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PLANNING 11-17-03</STRONG><BR>The Board discussed a proposal to permit cluster development in the subdivision regulations. Richard Ziesenis, Director of Environmental Health for the Lawrence-Douglas County Health Department, and Linda Finger, Director of the Lawrence-Douglas County Metropolitan Planning Department, were present for the discussion. It was the consensus of the Board to schedule a study session with the City Commission. No action was taken.</P> <P><STRONG>PLANNING 11-17-03<BR></STRONG>TA-05-02-02: Text Amendment to Section 21-104(a) of the Joint City/County Subdivision Regulations to require subdivision plats to include all contiguous land under the same ownership. Bryan Dyer, staff member of the Lawrence-Douglas County Metropolitan Planning Department, was present for the discussion. Dyer explained that it has been Planning staff's interpretation of Article 5 -- Building and Occupancy Permits of the Subdivision Regulations, that building permits can not be issued for development proposed on a tract of land. The reason for this is staff's interpretation that a "tract" of land is an area of land within a platted subdivision that is set aside for a public or private use that d&#160;s not include the development of above ground structures. For example, tracts have been dedicated on plats as:&nbsp;an area of land dedicated for pedestrian or road easement, open space, or drainage easement purposes. Dedication of a tract for private purposes is accompanied on a plat by a statement as to how it will be maintained. An area of land platted for the purpose of development with one or multiple structures and is considered to be a "lot." A building permit can be issued and is generally required to be issued for construction on a lot. This is an area of staff interpretation and not law. </P> <P>Planning staff is requesting initiation of a text amendment to the definition section of the Subdivision Regulations that codifies into law staff's interpretation of the definition of a "tract" as "A division of property within a platted subdivision, which may or may not be dedicated to the public for an expressed purpose of use such as pedestrian way, drainage easement, open space, green space setback, or a similar restrictive use that is not created for a purpose which would require the issuance of a building permit or construction of a structure on the land." Dyer pointed out that this proposed text amendment and definition will not change how building permits are issued in the City or County. It is intended to clarify staff's interpretation of Article 5 in the Subdivision Regulations.</P> <P>Johnson stated that this had been discussed by the Board approximately one (1) year ago and Phil Struble raised concerns about this requirement being a burden, particularly for industrial land. This amendment would require replatting every time there is a land or lot sale. It was the consensus of the Board to approve this joint ordinance/resolution adopting the text amendment. However, staff was directed to contact Mr. Struble for further input before placing it on the Consent Agenda at a later date.</P> <P><STRONG>PLANNING 11-17-03</STRONG><BR>Bryan Dyer, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented the Nodal Plan for 6th Street and K-10. Dyer noted this is a Plan that was prepared in response to the City Commission. The City Commission has approved the Plan and is being presented to the County Commission for informational purposes. </P> <P>Sue Morgan, Church Business Administrator for First United Methodist Church, expressed frustrations with participation in this process. First United Methodist Church owns property within the current Urban Growth Area, but outside the City limits. Their property is located on the southwest corner of the intersection of 6thStreet and K-10 and the church plans to build on their property. Morgan stated their main concern is with language in the Plan stating that "no building permits be issued for the northwest, southwest and northeast corners of the plan." </P> <P>Dyer stated that the intent is that this plan be implemented as properties come into the City of Lawrence. </P> <P>It was the consensus of the Board to schedule a work session with the City Commission. No action was taken.</P> <P><STRONG>PLANNING 11-17-03</STRONG><BR>The Board considered Item No. 6 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated October 22, 2003. This item is CUP-09-06-03: A Conditional Use Permit request for Prairie Elf Christmas Trees to allow for retail sales of ancillary seasonal and holiday products during the Christmas holiday season. The "choose and cut your own" Christmas tree farm is on 12.2 acres. The property is located at 765 E 750 Road. Submitted by Jeffrey O. and Kathleen L. Heeb, property owner of record. Paul Patterson, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. This item comes to the Board with a unanimous recommendation for approval based on the following Findings of Fact:</P> <P><STRONG>FINDINGS OF FACT</STRONG></P> <P><STRONG>Zoning and uses of property nearby.</STRONG> Surrounding zoning includes A (Agricultural) on all sides. Surrounding uses are agricultural.</P> <P><STRONG>Character of the area.</STRONG> The character of the area is rural agricultural and the site is physically isolated from other agricultural residences.</P> <P><STRONG>Suitability of subject property for the uses to which it has been restricted.</STRONG> A Conditional Use Permit (CUP) d&#160;s not change the base, underlying zoning. The suitability of the property for agricultural or rural residential use will not be altered. The subject property is not located within an Urban Growth Area. The subject property area is zoned for agricultural uses. The subject site is suitable for the proposed uses of agricultural and other product sales.</P> <P><STRONG>Length of time subject property has remained vacant as zoned.</STRONG> The subject property is developed with the Prairie Elf Christmas Tree Farm business. Agricultural sales operation has existed for the past four years on the property. The property has been zoned A (Agricultural) District since 1966.</P> <P><STRONG>Extent to which removal of restrictions will detrimentally affect nearby property.</STRONG> Approval of a Conditional Use Permit request d&#160;s not alter the base-zoning district. The current request is for a Conditional Use Permit to allow the continued operation of the retail agricultural sales along with the proposed sale of ancillary products. Traffic and noise impacts associated with the use have existed in the area for four years. Traffic intensity will not be altered with the approval of the Conditional Use Permit.</P> <P><STRONG>Relative gain to the public health, safety and welfare by the destruction of the value of the petitioner's property as compared to the hardship imposed up on the individual landowners.</STRONG> The primary benefit and/or gain to the public health, safety, and welfare of the Conditional Use Permit for the market is that it would provide residents and businesses of Douglas County with farm-grown agricultural and ag-related products. Denial of the request would impose a hardship on the applicant by requiring them to cease any non-farm product sales.</P> <P><STRONG>Conformance with The Comprehensive Plan.</STRONG> The Conditional Use Permit for the facility is consistent with the goals and policies in Horizon 2020. A Conditional Use Permit can be used to allow limited commercial and industrial expan sion or establish new or temporary areas for certain non-residential uses. This tool allows proportional development in harmony with the surrounding area.</P> <P>AND subject to the following conditions:</P> <OL> <LI>Provision of a note on the face of the plan stating, "The Conditional Use Permit will be re-evaluated by the County Commission in November 2008. The CUP will expire in November 2013. Continuation of the use beyond November 2013 will require rezoning or approval of a new CUP";</LI> <LI>Provision of revisions to the plan, to include:<BR>a. Legal description of property;<BR>b. Property dimensions<BR>c. Dimensions of buildings to property lines;<BR>d. Show public roads N 766 and E 750; and<BR>e. Show correct scale.</LI> <LI>Types of goods shall be limited to agricultural and/or (Christmas) holiday-related items;</LI> <LI>Use may operate from one week prior to Thanksgiving until two weeks after Christmas; and</LI> <LI>Applicant must show and provide 4 parking spaces with all-weather surfacing.</LI></OL> <P>A motion was made by McElhaney to approve CUP-09-06-03 based upon the above Findings of Fact and subject to the above Conditions; Jones seconded and the motion carried unanimously.</P> <P><STRONG>PLANNING 11-17-03</STRONG><BR>The Board considered Item No. 7 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated October 22, 2003. This item is CUP-09-07-03: A Conditional Use Permit request for Kaw Daycare (child daycare facility at the old Bishop Seabury Academy). The property is located at 1411 E 1850 Road. Submitted by Landplan Engineering, P.A., for Victor Shenouda, applicant, and Michael and Connie Cook, property owners of record. Paul Patterson, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. This item comes to the Board with a recommendation for approval based on the following Findings of Fact:</P> <P><STRONG>FINDINGS OF FACT</STRONG></P> <P><STRONG>Zoning and uses of property nearby.</STRONG> The subject property is zoned A (Agricultural). Adjacent properties are zoned VC (Valley Channel) and A (Agricultural). Uses of property nearby are rural residential dwellings, orchard product sales, and agriculture crop production.</P> <P><STRONG>Character of the area.</STRONG> The 5 acre property is located approximately 300' north of Douglas County Route 442 (N 1400) Road on the west side of E 1850 Road. The property is developed with the former Bishop Seabury Academy School buildings. There are rural residential dwellings located in the immediate area. The subject property is located in an area that has predominately agricultural uses, including a small orchard immediate south of this subject site, and extensive row-crops in the area.</P> <P><STRONG>Suitability of subject property for the uses to which it has been restricted. </STRONG>The subject site is suited for the uses to which it has been restricted.</P> <P><STRONG>Length of time subject property has remained vacant as zoned.</STRONG> The subject area has been zoned A (Agricultural) District since a rezoning in 1997. Prior to that time, the property was zoned Valley Channel (VC) from the adoption of the Zoning Regulations for the unincorporated portions of Douglas County in 1966.</P> <P><STRONG>Extent to which removal of restrictions will detrimentally affect nearby property.</STRONG> In staff's opinion, approval of a Conditional Use Permit request to allow for a child care center at this site will not detrimentally affect nearby properties, as until recently this property was used as a school by the Bishop Seabury Academy.</P> <P><STRONG>Relative gain to the public health, safety and welfare by the destruction of the value of the petitioner's property as compared to the hardship imposed upon the individual landowners.</STRONG> Approval of the request is not anticipated to provide a detriment to the property owner but it would provide a gain to the public health, safety and welfare.</P> <P><STRONG>Conformance with The Comprehensive Plan.</STRONG> The Plan d&#160;s not directly address the issue of special use permits or Conditional Use Permits. However, the philosophy supported in Horizon 2020 with regard to public and semi-public facilities, including child care centers, is consistent with the applicant's desire to convert the existing school complex into a child care center. The site plan should appropriately integrate the use with the surrounding agricultural uses.</P> <P>AND subject to the following conditions:</P> <OL> <LI>Provision of a copy of the approved license from the Douglas County Health Department prior to operation of the child care facility;</LI> <LI>Provision of a revised plan to include:<BR>a. The specific operating plan including hours of operation and number of children served;<BR>b. Show only the existing mobile classrooms;<BR>c. Delete the wording "Overflow parking 30 stalls";<BR>d. Delete the wording "Existing lateral fields to be removed" if they will stay as is;<BR>e. Number of parking spaces labeled needs to correspond to the number of parking spaces listed;<BR>f. Label the ADA parking spaces; and<BR>g. Change the description of building uses to match the intended child care use.</LI> <LI>Provision of a note on the face of the plan stating, "The Conditional Use Permit will be re-evaluated by the County Commission in November 2008. The CUP will expire in November 2013. Continuation of the use beyond November 2013 will require rezoning or approval of a new CUP"; and</LI> <LI>Fencing shall be added along the west and south property lines of a height and material appropriate to its purpose of creating an enclosed play area.</LI></OL> <P>McElhaney made a motion to approve CUP-09-07-03 based upon the above Findings of Fact and subject to the above conditions with the additional condition that the hours of operation be within the parameters of 5:00 A.M. and 7:00 P.M. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PLANNING 11-17-03<BR></STRONG>Brad Ahrens, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented the revised By-laws for the Bicycle Advisory Committee (BAC). Ahrens explained that this Committee is currently structured as a City advisory committee. Several years members of the BAC and others in the bicycling community thought it would be a good idea to become a joint City/County committee. Both City and County Commissions were given presentations approximately one (1) year ago. Both bodies agreed that it was a good idea. The City attorney was then consulted who suggested that the BAC develop revised bylaws to restructure themselves. The revised bylaws were taken to the City Commission by resolution on October 14, and are coming to the County Commission today with the revised bylaws. Eric Struckhoff, representing the BAC, was also present for the discussion. Johnson stated he personally thought the County Commission should have two (2) representatives, one of whom should be from the Traffic Safety Advisory Committee and one should be a county at-large resident. Johnson then made a motion to approve the revised By-laws for the Bicycle Advisory Committee with the revision in Section 6 of Article II stating "the County Commission will appoint two (2) members to represent the County." Jones seconded and the motion carried unanimously.</P> <P><STRONG>AGREEMENTS &amp; UNITED WAY 11-17-03</STRONG><BR>Jones made a motion to authorize the revision of the Lease Agreement with The United Way for the Valley View building. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 11-17-03<BR></STRONG>The Board consider approval of a letter to the Kansas Department of Health and Environment regarding the 467 acre Farmland site located north of Highway 10 and east of the City of Lawrence. Farmland is currently undergoing bankruptcy proceedings and will dissolve as a corporate entity in the near future. The Board is concerned with protecting the taxpayers from any liability associated with the protracted cleanup of contamination at the site. Johnson made a motion to approve the letter; McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>RESOLUTIONS &amp; APPOINTMENTS 11-17-03<BR></STRONG>The Board discussed a Home Resolution which would impose term limits to boards and commissions to which the Board appoints members. Staff was directed to send a copy of the proposed resolution to each of the boards where the County has appointees and ask for input. No action was taken.</P> <P><STRONG>ACCOUNTS PAYABLE 11-17-03</STRONG><BR>McElhaney moved approval of accounts payable in the amount of $164,315.24 to be paid 11/17/03; accounts payable manual checks in the amount of $3,027.04; DA longevity payroll in the amount of $8,500; maximum vacation payroll in the amount of $42,184.05; electronic funds transfers in the amounts of $497.20 for FICA and $230.29 for KPERS; payroll in the amount of $553,392.18; and electronic funds transfers in the amounts of $40,525.34 for FICA and $28,007.65 for KPERS to be paid 11/14/03. Jones seconded and the motion carried unanimously.</P> <P>At 11:00 A.M., McElhaney made a motion that the Board recess to go into executive session until 12:00 P.M. with Rick Trapp, Sheriff; Evan Ice, County Counselor; Craig Weinaug, County Administrator; and Pam Madl, Director of Administrative Services; to discuss potential litigation. The Board returned to regular session at 11:55 A.M. No action was taken.</P> <P>Jones moved for adjournment; McElhaney seconded and the motion carried unanimously.</P> <P></P> <P>_______________________________ ________________________________<BR>Bob Johnson, Chairman Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_______________________________ ________________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P> <P><BR></P>

<P>Johnson called meeting to order at 9:01 A.M. on Monday, December 15, 2003, with all members present. The Pledge of Allegiance was recited.</P> <P>Jones moved approval of the minutes of August 25, November 24, and December 1, 2003. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>CONSENT AGENDA 12-15-03</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5193, 5194, 5195, 5196, 5197, and 5198. Orders are on file in the office of the County Clerk;</LI> <LI>Approve Resolution No. 03-29 granting beer license to Wesley R. Kabler, d/b/a The Bird of Lawrence;</LI> <LI>Approve Resolution No. 03-30 granting beer license to Larry Stewart, d/b/a Gilded Cage;</LI> <LI>Approve Resolution No. 03-31 granting beer license to James Bigger, d/b/a Eudora Riverview Golf;</LI> <LI>Approve Resolution No. 03-32 granting beer license to Baldwin Junction Enterprises;</LI> <LI>Approve Resolution No. 03-33 granting beer license to Wesley R. Kabler, d/b/a Flamingo Catering;</LI> <LI>Authorize Notice to Townships for cereal malt beverage licenses to Willow Springs Township for Scott Zaremba, d/b/a Zarco #1 and Wesley R. Kabler, d/b/a Flamingo Catering; and Eudora Township for Larry Stewart, d/b/a Gilded Cage;</LI> <LI>Approve Occupational License for The Bird of Lawrence;</LI> <LI>Approve Occupational License for Little Reno, Inc., d/b/a Paradise Saloon; and</LI> <LI>Note receipt of fee reports for the month of November.</LI></UL> <P>Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>PLANNING &amp; RESOLUTIONS 12-15-03</STRONG><BR>The Board discussed a joint ordinance/resolution to amend Horizon 2020 -- Major Thoroughfares Map. Bryan Dyer, staff member of the Lawrence-Douglas County Metropolitan Planning Department, was present for the discussion. Johnson noted an error on the map, specifically the marking of E 1650 Road which marks a principal arterial. Jones stated he would like additional information from Planning Staff as to what the strategy is for filling out the lines south of the Wakarusa in the Urban Growth Area. Jones then made a motion to approve Resolution No. 03-34, a joint Ordinance/Resolution of the City of Lawrence, Kansas, and the Board of County Commissioners of Douglas County, Kansas amending the Comprehensive Land Use Plan "Horizon 2020" pursuant to K.S.A. 12-747, by adopting amendments updating the maps -- Figure 14 -- Future Street Classification and Function Map, City of Lawrence and Figure 15 -- Future Road Classification and Function Map, Douglas County contained in Chapter Eight -- Transportation of "Horizon 2020." Jones also noted that as part of his motion he would like to direct Planning Staff to provide a memo to the County Commission no later than January 7, 2004, providing more detail of where the arterials are going to be within the Urban Growth Area. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>PLANNING &amp; RESOLUTIONS 12-15-03<BR></STRONG>Jones made a motion to approve Resolution No. 03-35, a joint Ordinance/Resolution of the City of Lawrence, Kansas and the Board of County Commissioners of Douglas County, Kansas amending the Comprehensive Land Use Plan "Horizon 2020" pursuant to K.S.A. 12-747, by adopting amendments updating the map of the Urban Grown Boundaries in Chapter Three -- Plan Overview and updating text in Chapter Four -- Growth Management of "Horizon 2020." Johnson seconded and the motion carried unanimously.</P> <P><STRONG>PLANNING 12-15-03<BR></STRONG>The Board discussed TA-09-03-03: Text Amendments to Chapter 21 (Subdivision Regulations) of the City Code to add to preliminary plat review criteria for evaluating water/wastewater capacity and to establish a one-mile service area standard for neighborhood parks. Brad Hauschild, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. It was the consensus of the Board to schedule a work session for further discussion. No action was taken.</P> <P><STRONG>PLANNING 12-15-03<BR></STRONG>The Board considered Item No. 5A of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated November 19, 2003. This item is Z-10-32-03: A request to rezone a tract of land approximately 11.228 acres from A (Agricultural) District to I-3 (Heavy Industrial) District. The property is generally described as being located north of N 1360 Road (25th Street) and east of E 1700 Road (extended). Submitted by Landplan Engineering, P.A. for Stephen E. Glass, President, LRM Industries, Inc., property owner of record. Jeff Tully, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. This item comes to the Board with a unanimous recommendation for approval based on the following Findings of Fact:</P> <P><STRONG>FINDINGS OF FACT:</STRONG></P> <P><STRONG>Zoning and uses of property nearby.</STRONG> While the surrounding land uses represent a variety of use types, the land use pattern is shifting from agricultural to industrial uses.</P> <P><STRONG>Character of the area. Rezoning this property for industrial uses is compatible with the character of the area.</STRONG> Figure 9 -- "Lawrence Urban Growth Area Service Areas &amp; Future Land Use" map identifies the subject property as part of a larger land area appropriate for industrial uses.</P> <P><STRONG>Suitability of subject property for the uses to which it has been restricted. </STRONG>Based upon the Soil Survey and the current use of the property, it appears to be highly suitable for the use to which it has been restricted. Based upon its proximity to other industrial uses, this property also appears to be suitable for industrial development.</P> <P><STRONG>Length of time subject property has remained vacant as zoned.</STRONG> This property has been zoned for agricultural use since 1966 when the County adopted zoning regulations for the unincorporated areas of the County. It is developed with a single-family residence.</P> <P><STRONG>Extent to which removal of restrictions will detrimentally affect nearby property.</STRONG> It is not anticipated that rezoning this property for industrial use will have an adverse effect on the properties to the north or west. Introduction of an industrial use will require buffering from the adjoining residential and agricultural land uses along the east and south sides of the subject property. Buffering and other safeguards (i.e., greater setbacks, screening and landscaping, drainage, erosion control) from adjoining properties can be appropriately required at the platting and site planning stages of development.</P> <P><STRONG>Relative gain to the public health, safety, and welfare by the destruction of the value of the petitioner's property as compared to the hardship imposed upon the individual landowners.</STRONG> Rezoning this property to allow for industrial development will not negatively affect the public health, safety or welfare. Impacts to the property to the east and south may be mitigated through greater setbacks, and landscaping and/or screening required at the platting and site planning stages of development.</P> <P><STRONG>Conformance with The Comprehensive Plan.</STRONG> The proposed request is generally consistent with the City and County Comprehensive Plan, Horizon 2020. A parcel of land will be removed from agricultural uses. However, it is within the Urban Growth Area of the City of Lawrence and will not significantly alter the pattern of land uses anticipated and recommended by the Plan along East 25th Street (N 1360 Road), which consists primarily of industrial uses.</P> <P>AND subject to the following condition:</P> <OL> <LI>Approval and filing of a Final Plat for the property.</LI></OL> <P>Tully noted the filing of a valid Protest Petition which requires the unanimous approval of the CUP by the County Commission.</P> <P>Todd Thompson, attorney for the applicant, explained the circumstances surrounding the current proposal. LRM Industries was being forced to relocate their existing asphalt and concrete recycling facility because KDOT had acquired the property for extension of the SLT. The existing facility was originally given permission to retain its current location until December 2003. This permission was later extended to June 30, 2004. Thompson summarized the locational criteria that had been used when trying to choose a replacement site:</P> <P>Near paved road<BR>Minimum of 10-15 acres<BR>Screened by topography and existing, mature vegetation<BR>Close to LRM's existing facility on Highway K-10</P> <P>Thompson explained that the residents/owners of the only occupied residence near the subject property, Russell &amp; Juanita Bailey, had been willing to negotiate for the purchase of their property, but so far no agreement had been reached. One offer had been for 150% of the appraised value of the residence, but the offer was declined.</P> <P>Thompson also raised concerns about the validity of the Protest Petition. The signature of Richard D. Ray on the Protest Petition d&#160;s not appear to match the signature on the Kansas Quit-Claim Deed. </P> <P>Jane Eldredge, attorney for Russell &amp; Juanita Bailey, conducted a brief presentation noting that the Baileys had built their home forty-three (43) years ago. </P> <P>Jones stated he could vote either way. He encouraged the applicants to work out a deal with the Baileys. </P> <P>Johnson stated that he had hoped negotiations would have worked and believed that approving the rezoning request would be the right thing to do. It is a better use for the community at large. </P> <P>Jones suggested that this item be tabled for one (1) week to allow further negotiations. No action was taken.</P> <P>At 11:00 A.M., Jones made a motion that the Board recess to go into executive session until 11:30 A.M. with Mike Wildgen, Lawrence City Manager; Dave Corliss, Assistant City Manager; David Dunfield, City Mayor; Sue Hack, City Commissioner; Jim Roberts, Chair, ECO2; Evan Ice, County Counselor; and Craig Weinaug, County Administrator, to discuss possible land acquisition. Motion was seconded by McElhaney and carried unanimously. At 11:28 A.M., Jones made a motion to extend the executive session until 11:40 A.M., seconded by Johnson and carried unanimously. The Board returned to regular session at 11:35 A.M. No action was taken.</P> <P><STRONG>ZONING &amp; RESOLUTIONS 12-15-03<BR></STRONG>The Board considered approval of a Home Rule Resolution placing a temporary moratorium on construction of communication towers less than 100 feet. Craig Weinaug, County Administrator, explained that the current zoning regulations require a Conditional Use Permit for the construction of towers of a height of 100 feet or more from the ground or a height of 40 feet or more if mounted on a building or other structure. Weinaug stated that a number of communications towers have recently been constructed in the unincorporated areas of Douglas County at heights of slightly less than 100 feet. After discussion, Jones made a motion to approve Home Rule Resolution No. HR-03-12-6 providing for the temporary prohibition on the issuance of permits for the construction or place ment of radio, television, telecommunication, microwave, and similar communications towers. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>BUDGET 12-15-03<BR></STRONG>The Board conducted a public hearing for the purpose of hearing and answering objection of taxpayers relating to the proposed amended use of funds to the 2003 Douglas County Budget. McElhaney made a motion to close the public hearing. Jones seconded and the motion carried unanimously. McElhaney then made a motion to amend the 2003 budget as follows:</P> <P> <TABLE cellSpacing=0 width=492 border=0> <TBODY> <TR> <TD width="46%"><B> <P>Fund</B></P></TD> <TD width="23%"><B> <P align=right>2003 Budget Expenditures</B></P></TD> <TD width="30%"><B> <P align=right>2003 Amended Budget</B></P></TD></TR> <TR> <TD width="46%"> <P>General Fund</P></TD> <TD width="23%"> <P align=right>$26,602,240</P></TD> <TD width="30%"> <P align=right>$27,350,000</P></TD></TR> <TR> <TD width="46%"> <P>Special Auto Fee</P></TD> <TD width="23%"> <P align=right>$429,033</P></TD> <TD width="30%"> <P align=right>$450,000</P></TD></TR> <TR> <TD width="46%"> <P>Grants</P></TD> <TD width="23%"> <P align=right>$0</P></TD> <TD width="30%"> <P align=right>$300,000</P></TD></TR> <TR> <TD width="46%"> <P>Special Law Enforcement Trust</P></TD> <TD width="23%"> <P align=right>$0</P></TD> <TD width="30%"> <P align=right>$50,000</P></TD></TR> <TR> <TD width="46%"> <P>Totals</P></TD> <TD width="23%"> <P align=right>$27,031,273</P></TD> <TD width="30%"> <P align=right>$28,150,000</P></TD></TR></TBODY></TABLE></P> <P>Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 12-15-03</STRONG><BR>Jones moved approval of accounts payable in the amount of $288,351.21 to be paid 12/15/03; accounts payable manual checks in the amounts of $3,027.04 and $3,546.24; payroll in the amount of $600,905.21; and electronic funds transfers in the amounts of $43,820.14 for FICA and $31,198.70 for KPERS. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>APPOINTMENTS 12-15-03</STRONG><BR>Jones made a motion to appoint Marsha Goff, 1877 N 1000 Road, Lawrence, KS, to the Jayhawk Area Agency on Aging Tri-County Advisory Council, for a 3-year term which shall expire September 30, 2006. Motion was seconded by McElhaney and carried&nbsp; unanimously.</P> <P><STRONG>APPOINTMENTS 12-15-03</STRONG><BR>McElhaney made a motion to appoint Melissa Boisen, 3728 Overland Court, Lawrence, KS to the Community Corrections Advisory Board for a two-year term which shall expire December 31, 2005. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>INDUSTRIAL PARKS &amp; RESOLUTIONS 12-15-03</STRONG><BR>Johnson made a motion to approve Resolution No. 03-36, a Joint Resolution of the City of Lawrence, Kansas and Douglas County, Kansas concerning the identification and establishment of future business parks in Lawrence and Douglas County. Motion was seconded by Jones and carried unanimously.</P> <P>Jones moved for adjournment; Johnson seconded and the motion carried unanimously.</P> <P></P> <P>_______________________________ ________________________________<BR>Bob Johnson, Chair Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_______________________________ ________________________________<BR>Patty Jaimes, County Clerk Charles Jones, Member</P>

<P>Johnson called meeting to order at 9:05 A.M. on Monday, January 12, 2004, with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 01-12-04</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5202, 5203, and 5204. Orders are on file in the office of the County Clerk;</LI> <LI>Authorize notice to Clinton Township for cereal malt beverage license to Clinton Marina;</LI> <LI>Table the item "Consider approval of renewal maintenance contract for the outdoor warning sirens"; </LI> <LI>Find and determine that the requested annexation of approximately 1.033 acres of land located at the dead end of East 1338 Road will not hinder or prevent the proper growth and development of the area or that of any other incorporated city located within Douglas County, as provided by K.S.A. 15-520c;</LI> <LI>Table the item "Consider the purchase of a utility vehicle for Public Works"; and</LI> <LI>Approve three (3) Out-District College Tuition Statements in the amount of $10,020.</LI></UL> <P>Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PUBLIC WORKS &amp; AGREEMENTS 01-12-04<BR></STRONG>McElhaney made a motion to approve an Agreement between the Board of County Commissioners of Douglas County, Kansas, and Kanwaka Township for assigning maintenance responsibilities for E 900 Road from US-40 Highway to N 1663 Road to Douglas County. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>RESOLUTIONS 01-12-04</STRONG><BR>McElhaney made a motion to waive the Purchasing Policy and approve Resolution No. 04-01 authorizing the offering for sale of General Obligation Sales Tax Refunding Bonds, Series 2004-A of Douglas County, Kansas. Jones seconded and the motion carried unanimously.</P> <P><STRONG>PLANNING 01-12-04</STRONG><BR>The Board then considered Item No. 6 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated December 17, 2003. This item is CUP-10-08-03: Conditional Use Permit Request for Pine Family Tree Nursery. The property is on 23 acres located directly east of 1893 E 1500 Road. Submitted by Landplan Engineering, P.A., for Pine Family Investments, LC, property owner of record. This item comes to the Board with a unanimous recommendation for approval based upon the following Findings of Fact:</P> <P><STRONG>FINDINGS OF FACT:</STRONG></P> <P><STRONG>Zoning and uses of property nearby.</STRONG> The surrounding property in all directions is used for agricultural and agricultural retail purposes.</P> <P><STRONG>Character of the area.</STRONG> The subject property is located east of the city limits and within the Urban Growth Area. The area is dominated by agriculturally related uses. The subject property is located within Service Area 2 described in Horizon 2020.</P> <P><STRONG>Suitability of subject property for the uses to which it has been restricted. </STRONG>The subject property is comprised of the "Judson Silt Loam Series" and the "Eudora-Kimo Series" soils as described in the Douglas County Soil Survey. These soils are characterized by nearly level to gently undulating soils adjacent to or on lower parts of the floodplain of the Kansas River and consist of moderately well-drained soils. The surface layer ranges from 6" to 24" deep. This soil is well suited to agricultural purposes.1 The subject property is zoned for "A" (agricultural) use. The suitability of the subject property for its current use will not be altered by the approval of a CUP. The "undeveloped" nature of the surrounding area contributes to the suitability of the expanded agricultural activity of the area.</P> <P>________________________________________<BR>1Soil Survey of Douglas County Kansas, July 1977.</P> <P><STRONG>Extent to which removal of restrictions will detrimentally affect nearby property.</STRONG> Detrimental impacts are not anticipated with the addition of the retail activity on the east side of E 1500 Road.</P> <P><STRONG>Length of time subject property has remained vacant as zoned.</STRONG> The subject property includes an existing barn structure for storage purposes. The property has been zoned for agricultural purposes since the adoption of the County Zoning Regulations in 1966.</P> <P><STRONG>Relative gain to the public health, safety, and welfare by the destruction of the value of the petitioner's property as compared to the hardship imposed upon the individual landowners.</STRONG> The subject property is located in an active agricultural area. Access to the property is provided from County Road E 1500. Denial of the proposed use will not prohibit the property owner from use of the land for various allowed uses under the current A (Agricultural District) zoning restrictions. Denial would prohibit retail activity on the site. No significant gains are anticipated for the public health, safety or welfare that would result from the denial of the CUP.</P> <P><STRONG>Conformance with The Comprehensive Plan.</STRONG> Horizon 2020 d&#160;s not directly address the issue of special or conditional uses. The plan provides basic guidance regarding infrastructure improvements and major land use categories. The subject property is located within the Urban Growth Area. Future urban development would depend on the availability to extend urban infrastructure services. The proposed use as a tree farm with associated sale of retail products d&#160;s not require urban infrastructure improvements and is not inconsistent with future development of the area for urban types of uses.</P> <P>AND subject to the following condition:</P> <OL> <LI>Provision of a note on the face of the plan stating, "The Conditional Use Permit will be re-evaluated by the County Commission in December 2008. The CUP will expire in December 2013. Continuation of the use beyond November 2013 will require rezoning or approval of a new CUP."</LI></OL> <P>McElhaney made a motion to approve CUP-10-08-03 based upon the above Findings of Fact and subject to the above condition. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 01-12-04</STRONG><BR>Richard Jackson, Executive Director of the East Central Kansas Economic Opportunity Corporation (ECKAN), conducted a presentation on the History of ECKAN and the services it provides. No action was taken.</P> <P><STRONG>MISCELLANEOUS 01-12-04</STRONG><BR>Johnson made a motion that Jones be elected Chairman of the Board of Douglas County Commissioners effective today for the coming year, seconded by McElhaney and carried unanimously.</P> <P>McElhaney made a motion that Johnson be elected Vice-Chairman of the Board of Douglas County Commissioners effective today for the coming year, seconded by Jones and carried unanimously.</P> <P>McElhaney made a motion to authorize the signature of Commissioner Johnson to appear on all County checks until the new signature plate with the new Chairman's name are available. Jones seconded and the motion carried unanimously.</P> <P><STRONG>PROPERTY VALUATIONS 01-12-04<BR></STRONG>John Waltner, Special Projects Director for Harvey County, and Craig Clough, Harvey County Appraiser, conducted a presentation with regard to independent living unit tax exemptions. Many counties in Kansas are experiencing the increase in construction of elderly housing operated by non-profit retirement communities. This elderly housing is for persons who can live independently on their own and tends to be upscale and expensive. The cheaper housing affordable to lower income elderly persons is seldom being constructed at the present time. According to Kansas law, elderly persons living in housing operated by a non-profit retirement community pay no property taxes while other elderly persons living in their own homes do pay property taxes. Entire subdivisions of apartments, duplexes and houses are paying no property taxes because of this tax loophole. Waltner and Clough asked the Board for a letter of support requesting the legislature to eliminate this loophole. Craig Weinaug, County Administrator, stated that the only non-profit facility in Douglas County that would be affected would be Presbyterian Manor. Weinaug further indicated he invited a representative from Presbyterian Manor to attend the Commission Meeting. Madeline Pattingale, Marketing Director of Presbyterian Manor, then spoke briefly with the Board. Jones asked for a list of other entities that are currently on board with this proposal. He also requested that a letter be drafted on the Board's behalf. No action was taken.</P> <P><STRONG>PUBLIC WORKS 01-12-04</STRONG><BR>The Board discussed a request from the City of Eudora to jointly fund an engineering study of County Route 1061 (Main Street in downtown Eudora) from 10th Street to the railroad tracks. After discussion, Johnson made a motion that Douglas County split the cost of a study of improvements to Eudora's Main Street from 10th Street to the Burlington Northern Santa Fe railroad tracks up to a maximum of $5,000. Johnson also directed staff to advise the City of Eudora, that Douglas County is interested in reaching an agreement with the City to jointly fund any resulting improvements to Main Street. The extent of the County's financial commitment would be calculated based on what it would cost Douglas County to improve the road to a rural type standard for the volume of traffic that this road receives. Additional costs of urban type improvements, including curb and gutter, additional width beyond what is needed for a two-lane road, sidewalks, or other downtown amenities would be borne by the City. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PUBLIC WORKS &amp; RESOLUTIONS 01-12-04<BR></STRONG>The Board discussed a charter resolution authorizing the creation of road improvement districts. Evan Ice, County Counselor, was present for the discussion. No action was taken.</P> <P><STRONG>ACCOUNTS PAYABLE 01-12-04</STRONG><BR>Jones moved approval of accounts payable in the amounts of $172,284.68 to be paid 12/29/03; $1,740,452.34 to be paid 01/05/04; and $166,645.51 to be paid 01/12/04; accounts payable manual checks in the amount of $3,027.04; $3,027.04; and $500.00; Public Works Safety Payroll in the amount of $797.68; electronic funds transfers in the amounts of $62.19 for FICA and $14.64 for KPERS to be paid 12/19/03; payroll in the amount of $567,699.05; electronic funds transfers in the amounts of $40,944.21 for FICA and $28,376.33 for KPERS to be paid 12/26/03; payroll in the amount of $617,478.90; and electronic funds transfers in the amounts of $45,715.14 for FICA and $36,128.19 for KPERS to be paid 01/09/04. McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>MISCELLANEOUS 01-12-04</STRONG><BR>At 11:08 A.M., Jones made a motion that the Board recess to go into executive session until 11:30 A.M. with Evan Ice, County Counselor; Craig Weinaug, County Administrator; and Keith Dabney, Director of Zoning and Codes, to discuss potential litigation. Motion was seconded by Johnson and carried unanimously. The Board returned to regular session at 11:30 A.M. No action was taken.</P> <P>McElhaney made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P><BR>_____________________________ _____________________________<BR>Charles Jones, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Jere McElhaney, Member</P>

<P align=center>&nbsp;<STRONG>DECEMBER 8, 2003</STRONG></P> <P>Johnson called meeting to order at 9:04 A.M. on Monday, December 8, 2003.&nbsp; All members were present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 12-08-03</STRONG><BR>Jones made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5183, 5184, 5185, 5186, 5187, 5188, 5189, 5190 and 5191. Orders are on file in the office of the County Clerk;</LI> <LI>Table the item "Consider approval of joint ordinance to amend Horizon 2020 -- Major Thoroughfares Maps" until Monday, December 15, 2003; and</LI> <LI>Table the item "Consider approval of joint ordinance resolution to amend Horizon 2020– Economic Development" until Monday, Decem ber 15, 2003.</LI></UL> <P>Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>INDUSTRIAL PARKS &amp; RESOLUTIONS 12-08-03<BR></STRONG>The Board discussed a proposed joint City/County resolution concerning identification and establishment of future business parks. </P> <P>Jones moved to approve the joint City/County resolution concerning identification of future business parks. He also specified that the minutes reflect the fact that the resolution is in no way an effort to revise the current zoning regulations or to supercede the current adopted version of Horizon 2020.&nbsp; Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>PLANNING 12-08-03<BR></STRONG>It was the consensus of the Board to table the item "Work session to discuss Chapter 6, Commercial Chapter of Horizon 2020" until a later date.</P> <P><STRONG>ACCOUNTS PAYABLE 12-08-03<BR></STRONG>Jones moved approval of accounts payable in the amount of $74,245.06 to be paid 12/08/03; and accounts payable manual checks in the amounts of $814.98, $766.00, $566.06, and $880.00. McElhaney seconded and the motion carried unanimously.</P> <P>&#160;Jones moved for adjournment; McElhaney seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>_______________________________&nbsp;________________________________<BR>Bob Johnson, Chair&nbsp;&nbsp;&nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_______________________________&nbsp;________________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;Charles Jones, Member</P> <P>&nbsp;</P>

<P align=center>&nbsp;<STRONG>DECEMBER 22, 2003</STRONG></P> <P>Johnson called the meeting to order at 9:05 A.M. on Monday, December 22, 2003.&nbsp; All members were present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 12-22-03<BR></STRONG>Jones made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5199, 5200 and 5201. Orders are on file in the office of the County Clerk;</LI> <LI>Approve Notice to Townships for cereal malt beverage licenses to Grant Township for Midland Farm Store and Kanwaka Township for Clinton Cove Mini Mart;</LI> <LI>Approve Bankruptcy Settlement Agreements between the Board of County Commissioners of Douglas County, Kansas and K-mart Corporation.</LI></UL> <P>Motion was seconded by McElhaney and carried unanimously.&nbsp;</P> <P><STRONG>PLANNING 12-22-03</STRONG><BR>On December 15, 2003, the Board considered approval of a request to rezone a tract of land approximately 11.228 acres from A (Agricultural) District to I-3 (Heavy Industrial) District (Z-10-32-03). The property is generally described as being located north of N 1360 Road (25th Street) and east of E 1700 Road (extended). Jeff Tully, staff member of the Lawrence-Douglas County Planning Department, was present for the discussion. This item was tabled in order to give the parties an opportunity to reach an agreement since a Protest Petition had been filed. Steve Glass, President, LRM Industries, Inc. and Russell Bailey, property owner protesting the rezoning request, stated that the parties were unable to reach an agreement. A motion was made by Johnson, seconded by McElhaney and carried unanimously to approve the rezoning request based upon the following Findings of Fact:</P> <P><STRONG>FINDINGS OF FACT</STRONG>:</P> <P><STRONG>Zoning and uses of property nearby.</STRONG> While the surrounding land uses repre sent a variety of use types, the land use pattern is shifting from agricultural to industrial uses.</P> <P><STRONG>Character of the area.</STRONG> Rezoning this property for industrial uses is compatible with the character of the area. Figure 9 -- "Lawrence Urban Growth Area Service Areas &amp; Future Land Use" map identifies the subject property as part of a larger land area appropriate for industrial uses.</P> <P><STRONG>Suitability of subject property for the uses to which it has been restricted. </STRONG>Based upon the Soil Survey and the current use of the property, it appears to be highly suitable for the use to which it has been restricted. Based upon its proximity to other industrial uses, this property also appears to be suitable for industrial development.</P> <P><STRONG>Length of time subject property has remained vacant as zoned.</STRONG> This property has been zoned for agricultural use since 1966 when the County adopted zoning regulations for the unincorporated areas of the County. It is developed with a single-family residence.</P> <P><STRONG>Extent to which removal of restrictions will detrimentally affect nearby property.</STRONG> It is not anticipated that rezoning this property for industrial use will have an adverse effect on the properties to the north or west. Introduction of an industrial use will require buffering from the adjoining residential and agricultural land uses along the east and south sides of the subject property. Buffering and other safeguards (i.e., greater setbacks, screening and landscaping, drainage, erosion control) from adjoining properties can be appropriately required at the platting and site planning stages of development.</P> <P><STRONG>Relative gain to the public health, safety, and welfare by the destruction of the value of the petitioner's property as compared to the hardship imposed upon the individual landowners.</STRONG> Rezoning this property to allow for industrial development will not negatively affect the public health, safety or welfare. Impacts to the property to the east and south may be mitigated through greater setbacks, and landscaping and/or screening required at the platting and site planning stages of development.</P> <P><STRONG>Conformance with <EM>The Comprehensive Plan</EM>.</STRONG> The proposed request is generally consistent with the City and County Comprehensive Plan, <EM>Horizon 2020</EM>. A parcel of land will be removed from agricultural uses. However, it is within the Urban Growth Area of the City of Lawrence and will not significantly alter the pattern of land uses anticipated and recommended by the Plan along East 25th Street (N 1360 Road), which consists primarily of industrial uses.</P> <P>AND subject to the following condition:</P> <OL> <LI>Approval and filing of a Final Plat for the property.</LI></OL> <P><STRONG>PLANNING 12-22-03</STRONG><BR>The Board considered SP-10-66-03: A site plan for a proposed asphalt and concrete recycling facility located north of N 1360 Road (25th Street) and east of E 1700 Road (extended). Jeff Tulley, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. After discussion, Jones made a motion to approve SP-10-66-03 subject to the following conditions:</P> <OL> <LI>Provision of a revised site plan to include:<BR>a.&nbsp; Note on the face of the site plan that states, "Property owner will request annexation into the City of Lawrence within 6 months of the completion and acceptance of the sanitary sewer system to be created by the East Hills South Sanitary Sewer Benefit District."<BR>b.&nbsp;Note on the face of the site plan that states, "Property owner will sign an agreement not to protest formation of future benefit districts for street improvements when the property is annexed into the City of Lawrence."<BR>c.&nbsp;Note on the face of the site plan that states, "The proposed activity to burn tree, brush and clean wood waste on-site will be subject to the Kansas Department of Health and Environment's (KDHE) regulations for construction permits and approvals (K.A.R. 28-19- 300 through 304). KDHE will require the property owner to con struct an Air Curtain Destructor or other emission control for partic ulate matter emissions."<BR>d.&nbsp;Minimum front and side yard setback of 40 feet for property lines that adjoin residential uses. The 40' setback will consist of a 20' utility easement from property line extending to a 20' landscape easement.<BR>e.&nbsp;Note on the face of the site plan that states, "incidental sale of materials are accessory to the principal use."<BR>f.&nbsp;Note on the face of the site plan that states, "The burn pit is a future use and will not be constructed until such time as the exist ing burn pit at 1101 E. 31st Street can no longer be utilized.</LI> <LI>Site plan will not be released for issuance of permits by the Zoning Administrator until the final plat has been recorded at the Register of Deeds office.</LI> <LI>"No Truck" signs and speed limit signs be posted.</LI></OL> <P>Motion was seconded by McElhaney and carried unanimously.&nbsp;&nbsp;</P> <P><STRONG>MISCELLANEOUS 12-22-03</STRONG><BR>McElhaney requested the Board consider moving the Monday meeting time to the afternoon. Jones stated he would be willing to try it but would need a few weeks to adjust his schedule. Johnson was not opposed to changing the time, but noted concerns about the possibility of meetings lasting longer than the normal work day. Johnson made a motion that the Board meet on Mondays at 3:00 P.M. for a trial period of sixty (60) to ninety (90) days beginning February 2, 2004. Motion was seconded by McElhaney and carried unanimously.</P> <P>&#160;<STRONG>PURCHASING &amp; PUBLIC WORKS 12-22-03</STRONG>&nbsp;&nbsp;&nbsp;<BR>The Board discussed bids received for the purchase of (1) Asphalt Paver and (1) Loader for Public Works Department.&nbsp; Jackie Waggoner, Purchasing Agent, explained that GW Keppel Co. provided the low bid for the Asphalt Paver at $189,604.00. This includes the trade in and a two year-extended warranty.&nbsp; Waggoner also explained that Road Builder provided the low bid for the Loader at $77,266.00. This also includes a trade in and a four year-extended warranty.&nbsp; Waggoner recommended approval of the low bids.&nbsp; Jones made a motion to accept the low bids as recommended. McElhaney seconded and the motion carried unanimously.&nbsp; </P> <P><STRONG>ACCOUNTS PAYABLE 12-22-03</STRONG><BR>Jones moved approval of accounts payable in the amount of $248,917.99 to be paid 12/22/03; accounts payable manual checks in the amount of $4,717.90 to be paid 12/15/03; and electronic funds transfers in the amounts of $197.72 for FICA, $131.96 for KPERS to be paid 12/17/03. McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>APPOINTMENTS 12-22-03</STRONG><BR>The Board noted the resignation of Sue Pine from the Lawrence-Douglas County Metropolitan Planning Commission. Johnson agreed to contact Pine regarding the effective date of her resignation. The Board discussed qualifications of Pine's replacement. It is desired that this individual possess an agricultural background. It was the consensus of the Board to appoint Pine's replacement once her official resignation date has been set.</P> <P><STRONG>APPOINTMENTS 12-22-03<BR></STRONG>Johnson made a motion to appoint Clenece Hills to the Library Task Force, with a recommendation from Bruce Flanders, Director, Lawrence Public Library. This task force consists of individuals who will assist the Library Board and Library leadership with the development of a plan for expanding library services and the library facility. The task force will meet from January 2004-April 2004. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>RESOLUTIONS 12-22-03</STRONG><BR>Jones made a motion to authorize McElhaney to approve Resolution No. 03-37 granting a beer license to Zarco #1 and Resolution No. 03-38 reappointing the Special Deputy Coroner for the Seventh Judicial District for a one-year term; Johnson seconded and the motion carried unanimously. These resolutions were scheduled for the Board's approval on December 29, 2003. However, there will be no meeting on that date since a quorum would not be present.</P> <P>&#160;Jones moved for adjournment; Johnson seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P><BR>_____________________________&nbsp;_____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;Charles Jones, Member<BR></P>

<P align=center><STRONG>JANUARY 21, 2004</STRONG></P> <P>Jones called the meeting to order at 6:34 P.M. on Wednesday, January 21, 2004, with all members present. Also present was student representative Casandra Woosley. The Pledge of Allegiance was recited.</P> <P>Johnson moved approval of the minutes of November 17 and December 15, 2003 and the minutes of November 19, 2003, as amended and January 12, 2004, as amended. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>CONSENT AGENDA 01-21-04</STRONG><BR>Johnson moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5205, 5206, and 5207. Orders are on file in the office of the County Clerk;</LI> <LI>Note receipt of fee reports for the month of December 2003;</LI> <LI>Approve the purchase of one (1) 2004 Ford Explorer in the amount of $24,432 from Shawnee Mission Ford for use by Public Works' Operations Division Manager and authorize the transfer of the Operations Division's current vehicle to be used by the Public Works' Engineering/Administration division to replace a vehicle that was recently totaled;</LI> <LI>Approve the Annual Noxious Weed Management Plan;</LI> <LI>Approve the 2003 Annual Noxious Weed Eradication Progress Report; and</LI> <LI>Authorize the solicitation of bids for 21,400 linear feet (4.05 miles) of dust palliative treatment in front of entrances and at railroad crossings on the following Lecompton Township roads east of Route 1029 and north of Route 438: E 800, E 850, E 900, N 1851 Diagonal, and N 2050/N 2000 (Scenic River Road); and authorize the solicitation of bids to re-treat 21,820 linear feet (4.13 miles) along E 500 Road and N 1850 Road west of Route 1029.</LI></UL> <P>Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PUBLIC WORKS 01-21-04</STRONG><BR>The Board discussed the dust palliative program policies for 2004. Keith Browning, Director of Public Works/County Engineer, was present for the discussion. Browning recommended that a user-fee dust palliative program for county residents living adjacent to rock surfaced roads be made available. In past years, Douglas County has brokered this program with residents paying for the actual cost of material used plus an administrative fee to help absorb our inspection and administrative costs. In the past, property owners participating in the pro gram were also charged a fee to help cover the cost of preparing the road for the dust palliative application. A road preparation cost of $0.25/linear foot was added to the material cost of $0.50/linear foot for a total variable cost of $0.75/linear foot of roadway treated. In addition, the administrative fee was fixed at $45/application. In 2003, the material fee of $0.50/l.f. allowed for an initial application of 0.30 gal/square yard followed by a second application of 0.13 gal/S.Y. It is anticipated that the material cost for magnesium chloride will remain close to last year's cost so that similar application rates will be possible. The material fee also covers the cost of water used in preparing the road for treatment.</P> <P>Browning recommended to solicit alternate bids for both magnesium chloride and calcium chloride. It is anticipated that again this year magnesium chloride will be much cheaper. All the evidence indicates that, given identical conditions, magne sium chloride is just as effective as calcium chloride. It is intended to set a mid- March deadline for residents to turn in applications to be included in this year's dust palliative program. Bid documents would then be prepared and distributed with a bid opening in late March. A bid recommendation would then be presented to the Board and the first application of the dust palliative would tentatively occur between May 4th and May 14th. </P> <P>Johnson made a motion to grant permission to continue the brokerage of a dust palliative program with an up front use fee of $0.75/linear foot ($0.50/l.f. for dust palliative material and an additional $0.25/l.f. user fee to cover road preparation costs), plus an administrative fee of $45/applicant; and grant permission to advertise for bidders once the application process has been completed. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PUBLIC WORKS 01-21-04<BR></STRONG>Keith Browning, Director of Public Works/County Engineer, advised the Board that he has been in contact with the Wakarusa Township officials regarding E1200 Road -- Kasold Drive extended south. Wakarusa Township is interested in chip sealing this road with the front end costs to be shared with the County. It was the consensus of the Board that Browning be authorized to negotiate a contract with Wakarusa Township for future approval by the Board.</P> <P><STRONG>MISCELLANEOUS &amp; ZONING 01-21-04<BR></STRONG>The Board discussed a proposed resolution imposing permitting requirements and regulations on fireworks displays. This issue was raised last year because an entity conducted a fireworks display on July 5th without having obtained a permit from the Board of County Commissioners. The fireworks display sponsor had, however, obtained the permission of the Chief of the relevant township fire department. Section 6-202 of the Douglas County Code currently prohibits all fireworks on any day other than July 2, 3, or 4 of any year. This could be inter preted to prohibit fireworks displays on days other than these three days. Section 6-304 of the proposed resolution makes it clear that a fireworks display is legal on days other than July 2, 3, or 4 if the appropriate permit is obtained. Johnson recommended that the appropriate permit should be obtained from the County Commission with the consent of the township fire chief. The feasibility of charging a permitting fee and proof of licensure was also discussed. Staff was directed to develop a permitting process as recommended by Johnson.</P> <P><STRONG>COURTHOUSE 01-21-04<BR></STRONG>The Board discussed preservation and maintenance of the Douglas County Courthouse. Craig Weinaug, County Administrator, explained that Donald G. McMican with DGM Consultants was administratively hired to advise the County on the initial work conducted this past summer. As a part of this work, the current condition of the building's masonry detail was photographically documented which will be needed as a plan to renovate and preserve what we have is developed. Portions of the structure that could pose a safety risk have also been identified and necessary steps to eliminate the risks have been taken. The next step would be to contract with a structural engineer with experience and expertise with old stone buildings to develop a detailed plan for preservation and maintenance of the masonry of the Courthouse. Jones made a motion to authorize staff to solicit proposals for professional services related to the preservation of the County Courthouse. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 01-21-04</STRONG><BR>Johnson moved approval of accounts payable in the amounts of $318,881.75 to be paid 01/20/04 and $820,987.25 to be paid 01/26/04; and accounts payable manual checks in the amount of $100.00. McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>APPOINTMENTS 01-21-04<BR></STRONG>Johnson made a motion to appoint Grant Eichhorn, 1403 N 680 Road, Lawrence, KS to the Lawrence-Douglas County Metropolitan Planning Commission to fill the unexpired term of Sue Pine, who has resigned. Mr. Eichhorn's term will expire 5/31/06. Motion was seconded by McElhaney and carried unanimously.</P> <P>McElhaney made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P></P> <P>_____________________________ _____________________________<BR>Charles Jones, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Jere McElhaney, Member</P>

<P align=center><STRONG>JANUARY 26, 2004</STRONG></P> <P>Jones called the meeting to order at 9:01 A.M. on Monday, January 26, 2004, with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 01-26-04</STRONG><BR>Johnson moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5208, 5209, and 5210. Orders are on file in the office of the County Clerk;</LI> <LI>Approve Resolution No. 04-04 granting a cereal malt beverage license to Clinton Marina Store; and</LI> <LI>Pull the item "Consider approval of Siren Maintenance Contract" for discussion.</LI></UL> <P>Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>CONTRACTS &amp; EMERGENCY MANAGEMENT 01-26-04<BR></STRONG>The Board discussed the renewal of the Outdoor Warning Siren Maintenance Contract with Blue Valley Public Safety. Paula Phillips, Director of Emergency Management, was present for the discussion. Phillips explained that Douglas County has had a contract for the maintenance of the outdoor warning siren system since 1986. The current contract with Blue Valley Public Safety of Grain Valley, Missouri expired December 31, 2003. The maintenance contract was a part of the bid process when the sirens were purchased in 2002. The proposed contract for 2004 will cost $11,036.04. This amount is less than what has been paid in previous years because the 30 sirens are under warranty until August 2006. This contract covers the siren's radio control and batteries, which are no longer under warranty. This contract also includes annual upgrading of the siren software. The Board questioned the feasibility of the County performing the work. Phillips stated she did not have the expertise. Johnson made a motion to waive the Purchasing Policy and approve the maintenance service contract for the outdoor warning sirens, approve the renewal of the outdoor warning siren contract for one (1) year with Blue Valley Public Safety, Grain Valley, Missouri, in the amount of $11,036.04, authorize the Emergency Management Director to execute the contract, and directed staff to conduct a thorough review before the contract expires in December 2004. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>GRANTS &amp; YOUTH SERVICES 01-26-04<BR></STRONG>Johnson made a motion to approve 7th Judicial District Juvenile Justice Authority Core Program funding application for FY 2005 as outlined below: </P> <P> <TABLE cellSpacing=0 cellPadding=6 width=576 border=1> <TBODY> <TR> <TD width="67%" height=26><FONT size=2> <P align=center>Core Program</FONT></P></TD> <TD width="17%" height=26><FONT size=2> <P align=center>FY 2005</FONT></P></TD> <TD width="17%" height=26><FONT size=2> <P align=center>FY 2004</FONT></P></TD></TR> <TR> <TD width="67%" height=26><FONT size=2> <P>Juvenile Justice Authority Case Management (DCYS)</FONT></P></TD> <TD width="17%" height=26><FONT size=2> <P align=right>$103,689.00</FONT></P></TD> <TD width="17%" height=26><FONT size=2> <P align=right>$103,689.00</FONT></P></TD></TR> <TR> <TD width="67%" height=26><FONT size=2> <P>Juvenile Intake and Assessment (The Shelter, Inc.)</FONT></P></TD> <TD width="17%" height=26><FONT size=2> <P align=right>$155,700.00</FONT></P></TD> <TD width="17%" height=26><FONT size=2> <P align=right>$155,700.00</FONT></P></TD></TR> <TR> <TD width="67%" height=26><FONT size=2> <P>Juvenile Intensive Supervised Probation (DCYS)</FONT></P></TD> <TD width="17%" height=26><FONT size=2> <P align=right>see below</FONT></P></TD> <TD width="17%" height=26><FONT size=2> <P align=right>$213,740.00</FONT></P></TD></TR> <TR> <TD width="67%" height=26><FONT size=2> <P>Juvenile Intensive Supervised Probation with Day School Transfer (DCYS)</FONT></P></TD> <TD width="17%" height=26><FONT size=2> <P align=right>$247,239.00</FONT></P></TD> <TD width="17%" bgColor=#000000 height=26> <P></P></TD></TR> <TR> <TD width="67%" height=26><FONT size=2> <P align=right>Total</FONT></P></TD> <TD width="17%" height=26><FONT size=2> <P align=right>$506,628.00</FONT></P></TD> <TD width="17%" height=26><FONT size=2> <P align=right>$473,129.00</FONT></P></TD></TR></TBODY></TABLE></P> <P align=right></P> <P>Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>APPOINTMENTS &amp; RESOLUTIONS 01-26-04</STRONG><BR>The Board considered approval of a Home Rule Resolution imposing term limits to Board and Commissions to which the Board appoints members. Bill Underwood, member of the Board of Zoning Appeals, questioned the purpose of the resolution. He noted concerns about term limits on the Board of Zoning Appeals in terms of consistency and knowledge of the regulations, etc. Jones explained that approval of this resolution was not intended to target individual Boards nor could they make exceptions for each individual Board. McElhaney made a motion to approve Home Rule Resolution No. HR-04-1-1 Imposing Term Limits to Boards and Commissions to which the Board Appoints Members. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 01-26-04<BR></STRONG>Roger Coffey, Director of the City of Lawrence Department of Utilities, conducted a brief presentation regarding the Quad County Cooperative effort to provide an alternate water source of supply to serve portions of Douglas, Franklin, Miami, and Johnson Counties. Chris Stewart, Assistant Director of Water Utility Treatment and Distribution, was also present. No action was taken.</P> <P><STRONG>PLANNING 01-26-04</STRONG><BR>Linda Finger, Director of the Lawrence-Douglas County Metropolitan Planning Department, provided an update on a proposal to permit cluster development in the subdivision regulations. Richard Ziesenis, Director of Environmental Health for the Lawrence-Douglas County Health Department, was also present for the discussion. No action was taken.</P> <P><STRONG>EMERGENCY MANAGEMENT, CONTRACTS &amp; GRANTS 01-26-04</STRONG><BR>The Board discussed the Hazard Analysis &amp; Mitigation Plan. Paula Phillips, Director of Emergency Management, was present for the discussion. Phillips explained that the Federal Emergency Management Agency/Department of Homeland Security now requires that state and local emergency management agencies develop and maintain a Hazard Mitigation Plan that includes a current Hazard Analysis. FEMA has provided funds for the development of these documents to the States, and the States, in turn, are sharing some of the funds with local emergency management agencies. </P> <P>A Hazard Analysis includes not only the identification of the hazards (types, quantities, location, nature of the hazard impact, transportation commodity study) using current and historical information, but also a risk analysis (probability of event, environmental conditions, populations, properties and environments that could be impacted, prioritization of hazards and development of risk analysis methodology) and a vulnerability analysis (potential economic, environmental, infrastructure impact on public and private properties). The Hazard Analysis must include site visits, historical documentation, recommendations, photographs, interviews with local agencies and tables and maps in the final document.</P> <P>The Mitigation Plan is based on the Hazard Analysis and includes recommended mitigation strategies for reducing the potential losses identified in the risk assessment, and that is based on existing authorities, policies, programs and resources, and the ability to expand on and improve these existing tools. This will include specific mitigation actions and projects being considered, with particular emphasis on new and existing buildings and infrastructure. </P> <P>All appropriate local governmental entities (townships, cities, and respective departments) will be invited to participate in the development documents and then asked to review the documents before final approval from the Board of County Commissioners, the State of Kansas, and FEMA.</P> <P>The State of Kansas developed a Request for Proposal for a contractor who would be willing to work with individual counties on these required documents. Kansas Emergency Management (KEM) also identified the criteria for each document to ensure that the FEMA guidelines were met, and provided the criteria to the contractor they have approved for this work. KEM has approved E-Fm Consulting to develop these documents.</P> <P>If Douglas County agrees to work with the contractor, Kansas Emergency Management will provide $20,000 towards the cost of the work. If Douglas County decides to develop the documents independently, no funds will be provided to the County for their efforts.</P> <P>E-Fm, Inc. has a proposal for developing the Hazard Analysis and the Mitigation Plan for Douglas County. The cost of the Hazard Analysis will be $24,865 and the cost of the Mitigation Plan will be $4,965, for a total of $29,830. E-Fm, Inc. just completed the terrorism assessment of each county for the State of Kansas, and therefore the total fee includes a credit for the work already done on the terrorism assessment. The terrorism assessment is another requirement of the Hazard Analysis.</P> <P>The two projects will be paid using $20,000 granted by Kansas Emergency Management, and $9,830 from the FFY2003 FEMA State &amp; Local Assistance (SLA) Grant funds. The SLA grant fund balance is currently $27,000. </P> <P>Phillips stated that she was of the opinion that Douglas County Emergency Management staff d&#160;s not have the staffing level or expertise to develop these two documents in a timely manner, nor in such a way that complies with all of the federal and state guidelines. To complete the development of these two documents to meet the State deadline, both Emergency Management staff persons would have to completely drop all other current and on-going projects. Additionally, at some point some outside assistance would be needed to develop the risk analysis methodology.</P> <P>Jones stated he would prefer to spend no more than $20,000. Staff was directed to attempt to scope down the project within the Federal requirements utilizing no more than the $20,000 provided by Kansas Emergency Management, and bring it back to the Commission in one (1) week.</P> <P><STRONG>PROPERTY VALUATIONS 01-26-04</STRONG><BR>On January 21, 2004, representatives from Harvey County, Kansas conducted a presentation with regard to independent living unit tax exemptions, requesting that Douglas County support efforts through the Property Tax Fairness Coalition to encourage the Kansas legislature to redress this tax inequity. At that meeting, the Board requested that a list of other entities currently on board with this proposal be provided along with a letter drafted on the Board's behalf. Craig Weinaug, County Administrator, presented the draft letter for the Board's consideration. Rhonda Parks, Executive Director of the Lawrence Presbyterian Manor, was present for the discussion. It was the consensus of the Board to support the letter. McElhaney made a motion to approve the proposed letter for the Board's signature; Johnson seconded, and the motion carried unanimously. The Board also directed staff to mail a copy of the letter to the Douglas County Legislative Delegation.</P> <P><STRONG>MISCELLANEOUS 01-26-04</STRONG><BR>The Board discussed objectives for 2004. No action was taken.</P> <P><STRONG>ACCOUNTS PAYABLE 01-26-04<BR></STRONG>Jones moved approval of accounts payable in the amount of $3,027.04 to be paid 1/23/04; accounts payable manual checks in the amounts of $100.00 and $575.00; payroll in the amount of $566,132.76; and electronic funds transfers in the amounts of $41,796.18 for FICA; and $32,662.08 for KPERS to be paid 1/23/04. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 01-26-04</STRONG><BR>At 11:25 A.M., Jones made a motion that the Board go into Executive Session until 11:40 A.M. with Craig Weinaug, County Administrator, and Evan Ice, County Counselor, to discuss Farmland litigation. Motion was seconded by Johnson and carried unanimously. At 11:38 A.M., Jones made a motion to extend the Executive Session until 12:00 P.M., seconded by Johnson and carried unanimously. The Board returned to regular session at 11:54 A.M. No action was taken.</P> <P>McElhaney made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P></P> <P>_____________________________ _____________________________<BR>Charles Jones, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P><BR>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Jere McElhaney, Member</P>

<P align=center>&nbsp;<STRONG>FEBRUARY 2, 2004</STRONG></P> <P>Jones called the meeting to order at 3:01 P.M. on Monday, February 2, 2004, with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 02-02-04</STRONG><BR>Johnson moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5211, 5212, 5213 and 5214. Orders are on file in the office of the County Clerk.</LI></UL> <P>Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PUBLIC WORKS &amp; MISCELLANEOUS 02-02-04</STRONG><BR>The Board considered approval of a request received from the City of Baldwin to place increased priority on the project to improve Route 1055/Sixth Street in Baldwin City from Indiana Street to Orange Street. Jeff Dingman, Baldwin City Administrator; Terry McKinney, Director of Utilities; and Keith Browning, County Engineer/Director of Public Works, were present for the discussion. Browning stated that this cooperative project will be reviewed with the Kansas Department of Transportation 5 year plan review and should be scheduled on the Capital Improvements Program (CIP). Jones stated that this is a good project that the County should support. Johnson noted that the issue is getting the County's CIP synchronized with the City of Baldwin's CIP. Staff was directed to notify the City of Baldwin when the CIP discussion is placed on the agenda. No action was taken.</P> <P><STRONG>EMERGENCY MANAGEMENT, CONTRACTS &amp; GRANTS 02-02-04</STRONG><BR>The Board discussed the Hazard Analysis &amp; Mitigation Plan. Paula Phillips, Director of Emergency Management, and Richard Hernandez, E-Fm Consulting, were present for the discussion. This item was tabled on January 26, 2004. The Federal Emergency Management Agency/Department of Homeland Security now requires that state and local emergency management agencies develop and maintain a Hazard Mitigation Plan that includes a current Hazard Analysis. FEMA has provided funds for the development of these documents to the States, and the States, in turn, are sharing some of the funds with local emergency manage ment agencies. After discussion, McElhaney made a motion to waive the Purchasing Policy and agree to access Kansas Emergency Management grant funds totaling $29,830 for development of a Douglas County Hazard Analysis and Douglas County Hazard Mitigation Plan by using E-Fm Consulting; and authorize the Director of Emergency Management to sign the proposal for work. Motion was seconded by Johnson and carried unanimously.</P> <P>&#160;<STRONG>PLANNING 02-02-04</STRONG><BR>The Board considered TA-05-02-02: Text Amendment to Section 21-104(a) of the Joint City/County Subdivision Regulations to require subdivision plats to include all contiguous land under the same ownership. Bryan Dyer, staff member of the Lawrence-Douglas County Metropolitan Planning Department, was present for the discussion. This item was discussed on November 19, 2003, and was tabled due to concerns raised by Phil Struble. Dyer reported that he has met with Struble and provided revisions to the amendments with no response. It was the consensus of the Board to table this item until February 11, 2004, and directed staff to contact Struble for additional comments.</P> <P><STRONG>PLANNING 02-02-04</STRONG><BR>The Board then discussed Horizon 2020 Commercial Chapter issues. Bryan Dyer, staff member of the Lawrence-Douglas County Metropolitan Planning Department, was present for the discussion. No action was taken.</P> <P><STRONG>ACCOUNTS PAYABLE 02-02-04</STRONG><BR>Johnson moved approval of accounts payable in the amount of $45,907.48 to be paid 02/03/04; and ACH Bank Transfers in the amounts of $1,696,321.93 to be paid 01/30/04 and $35,785.00 to be paid 03/01/04. McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>MISCELLANEOUS &amp; RESOLUTIONS 02-02-04<BR></STRONG>Jones made a motion to approve Resolution No. 04-05 authorizing and providing for the sale, issuance and delivery of $13,650,000 principal amount of General Obligation Sales Tax Refunding Bonds, Series 2004-A, of Douglas County, Kansas, for the purpose of providing funds to refund a portion of the issuer's outstanding General Obligation Sales Tax Bonds; providing for the levy and collection of an annual tax for the purpose of paying the principal of and interest on said bonds as they become due; making certain covenants and agreements to provide for the payment and security thereof and authorizing certain other documents and actions connected therewith. Motion was seconded by Johnson and carried unanimously.</P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P>_____________________________&nbsp;_____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;Jere McElhaney, Member</P>

<P>Jones called the meeting to order at 3:04 P.M. on Monday, February 16, 2004 with all members present. The Pledge of Allegiance was recited.</P> <P>Johnson moved approval of the minutes of February 11, 2004; McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>CONSENT AGENDA 02-16-04</STRONG><BR>Johnson moved approval of the following Consent Agenda:</P> <P>&nbsp; &nbsp;Approve Commissioners Order Nos. 5216, 5217 and 5218. Orders are on file in the office of the County Clerk.</P> <P>Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 02-16-04</STRONG><BR>Sharon Spratt, Director of Cottonwood, appeared before the Board announcing their recently renewed defense contract. Spratt explained the contract was renewed for an additional five (5) years. Spratt also presented a summary report of a recent accreditation process. This report had no recommendations. No action was taken.</P> <P><STRONG>MISCELLANEOUS 02-16-04<BR></STRONG>David Carttar, on behalf of the Lawrence Sesquicentennial Commission, pre sented the Sesquicentennial Map of Lawrence, Douglas County, Kansas. Mr. Carttar introduced Clenece Hills and Bruce Roberts who are in charge of distri bution of the maps. No action was taken.</P> <P><STRONG>RESOLUTIONS 02-16-04</STRONG><BR>The Board considered approval of a Joint Resolution of the City of Lawrence, Kansas; the Board of County Commissioners of Douglas County, Kansas; the University of Kansas, the School Board of Unified School District No. 497; Haskell Indian Nations University; Baker University; and Lawrence Chamber of Commerce Biosciences Task Force supporting the Kansas Biosciences Initiative and the Kansas Entrepreneurial Initiative in the proposed Kansas Economic Growth Act. Lynn Parman, Vice President of Economic Development of the Lawrence Chamber of Commerce, briefly discussed legislation being considered by the Kansas Legislature to establish a Kansas Biosciences Authority to develop and fund bioscience industry development. Parman also stated that the City of Lawrence adopted the Joint Resolution on February 10, 2004. Johnson made a motion to approve Resolution No. 04-11, a Joint Resolution of the City of Lawrence, Kansas; the Board of County Commissioners of Douglas County, Kansas; the University of Kansas, the School Board of Unified School District No. 497; Haskell Indian Nations University; Baker University; and Lawrence Chamber of Commerce Biosciences Task Force supporting the Kansas Biosci ences Initiative and the Kansas Entrepreneurial Initiative in the proposed Kansas Economic Growth Act; McElhaney seconded and the motion carried unani mously.</P> <P><STRONG>PROPERTY VALUATIONS 02-16-04<BR></STRONG>Marion Johnson, County Appraiser, conducted the annual appraisal update for 2004. No action was taken.</P> <P><STRONG>ACCOUNTS PAYABLE 02-16-04</STRONG><BR>Johnson moved approval of accounts payable in the amount of $158,463.82 to be paid 2/17/04; motion was seconded by Jones and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 02-16-04</STRONG><BR>At 4:20 P.M., Jones made a motion that the Board go into Executive Session until 4:50 P.M. to discuss personnel issues. Motion was seconded by Jones and carried unanimously. The Board returned to regular session at 4:47 P.M. No action was taken.</P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>______________________________&nbsp;________________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>______________________________&nbsp;________________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P>

<P>Jones called the meeting to order at 3:03 P.M. with all members present. The Pledge of Allegiance was recited.</P> <P>Johnson moved approval of minutes of December 8, December 22, 2003, January 12, January 21, as amended, January 26, and February 2, 2004. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>CONSENT AGENDA 02-23-04<BR></STRONG>Johnson moved approval of the following Consent Agenda:</P> <P>Approve Commissioners Order Nos. 5219 and 5220. Orders are on file in the office of the County Clerk;<BR>Note reporting of State Forfeitures per K.S.A. 60-4117(d)(2); and<BR>Accept the low bid from Scotwood Industries, Inc. for 41.500 gallons of 32% magnesium chloride solution at $0.384/gallon for a total bid of 15,936.00 and authorize the Director of Public Works to approve change orders totaling up to 10% of the total bid for dust palliative application on Lecompton Township roads in conjunction with Route 1029 Project.</P> <P>McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>PLANNING 02-23-04</STRONG><BR>The Board considered Item No. 5 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated February 11, 2004. This item is PF-12-26-03: Final Plat for LRM East Addition No. 3. This proposed one-lot industrial subdivision contains approximately 11.23 acres and is located north of N 1360 Road (Franklin Road) and east of E 1700 Road (if extended to north). Submitted by Landplan Engineering, P.A. for Stephen E. Glass, President, LRM Industries, Inc., property owner of record. This item comes to the Board with a unanimous recommendation for acceptance of easements and rights-of-way, subject to the following conditions:</P> <P>1. Provision of the following fees and recording documentation:<BR>a. Current copy of paid property tax receipt at the time of submittal of the final plat for filing; and<BR>b. Recording of fees made payable to the Douglas County Register of Deeds.<BR>2. Execution of an agreement not to protest formation of future benefit district for E. 25th Street;<BR>3. Pinning of the lots in accordance with Section 21-302.2; and<BR>4. Revise name of County Commission Chairman to Charles Jones.<BR>Johnson moved approval of PF-12-26-03 subject to the above conditions; McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>PLANNING 02-23-04<BR></STRONG>The Board considered Item No. 11 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated February 11, 2004. This item is CUP-12-09-03: Conditional Use Permit request for a replacement booster pump station. The property is generally located west of U.S. 59 and north of N 900 Road. Submitted by Bartlett &amp; West Engineers, Inc., for Rural Water District No. 2. Wakarusa Township is the property owner of record. This item comes to the Board with a unanimous recommendation for approval, based on the following Findings of Fact:</P> <P><STRONG>FINDINGS OF FACT</STRONG></P> <P>Zoning and uses of property nearby. The subject property is located at the northwest intersection of Highway 59 and N 900 Road. The site is zoned A-1 (Suburban Home Residential) and undeveloped. Surrounding property is simi larly zoned or zoned agriculturally and is undeveloped, agricultural property with scattered rural residences.</P> <P>Character of the area. The site is described as a tract of land approximately 0.13 acres in size. Rural Water District #2 is in the process of obtaining an easement for the proposed site. The specific site is heavily wooded and is between Highway 59, N 900 Road, and a small creek.</P> <P>Suitability of subject property for the uses to which it has been restricted.The subject site is suited for the uses to which it has been restricted.</P> <P>Length of time subject property has remained vacant as zoned. The subject area has been zoned A-1 (Suburban Home Residential) District since the adoption of the zoning regulations in the unincorporated portions of Douglas County in 1966.</P> <P>Extent to which removal of restrictions will detrimentally affect nearby property. The restrictions on this site are not being removed. A conditional use is being permitted through this request. The addition of this use to this site is not anticipated to detrimentally affect nearby property.</P> <P>Relative gain to the public health, safety and welfare by the destruction of the value of the petitioner's property as compared to the hardship imposed upon the individual landowners. Denial of the request is not anticipated to provide a detriment to the property owner but it would provide a gain to the public health, safety and welfare.</P> <P>Conformance with The Comprehensive Plan. The Conditional Use Permit for the proposed facility is not in conflict with Horizon 2020.</P> <P>AND subject to the following conditions:</P> <P>1. Obtain the signature of property owner or signed letter of agent con sent for the Conditional Use Permit;<BR>2. Revision of the site plan to include:<BR>a. Legend showing what the curly connecting arcs and connecting T's designate;<BR>b. Limits of the Floodway (floodway areas in zone AE) and Flood Hazard area (special flood hazard area inundated by 100-year flood).<BR>3. Obtain a development permit from Douglas County for placing a structure within the Flood Plain Management Area. </P> <P>Johnson moved approval of CUP-12-09-03 based on the above Findings of Fact and subject to the above conditions. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PUBLIC WORKS &amp; RESOLUTIONS 02-23-04<BR></STRONG>Johnson moved approval of Resolution No. 04-12 establishing a temporary five (5) ton weight limit for commercial vehicles on portions of E 800 Road, E 850 Road, E 900 Road, E 1025 Road, E 1125 Road, N 1850 Road, N 1851 Diagonal Road, N 1950 Road, N 2000 Road, N 2050 Road, and County Route 7 in Lecompton and Wakarusa Townships for the duration of construction on Douglas County Route 1029 (Project No. 23C-3688-01). Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PUBLIC WORKS &amp; RESOLUTIONS 02-23-04<BR></STRONG>Johnson moved approval of Resolution No. 04-13 establishing temporary speed limits on portions of E 800 Road, E 850 Road, E 900 Road, E 1025 Road, E 1125 Road, N 1850 Road, N 1851 Diagonal Road, N 1950 Road, N 2000 Road, N 2050 Road, and County Route 7 in Lecompton and Wakarusa Townships for the duration of construction on Douglas County Route 1029 (Project No. 23C- 3688-01). McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>MISCELLANEOUS 02-23-04</STRONG><BR>Judy Billings, Senior Vice President Convention and Visitors Bureau of the Lawrence Chamber of Commerce, conducted a presentation on the progress of the Bleeding Kansas National Heritage Area effort. Billings then requested access to $15,000 of the $70,000 budgeted for this purpose. McElhaney expressed concerns since the Board didn't receive the backup information for this request until just before the meeting. Jones made a recommendation to authorize payment in the amount of $15,000 to the Bleeding Kansas National Heritage Steering Committee, but not release the money until March 1st in order to give McElhaney an opportunity to review the documentation. Jones also recommended that the balance of the monies budgeted be handled administratively with the approval of the Chairman or his designee. Jones then rephrased his recommendation to give the County Administrator the authority to pay the balance of monies budgeted, request some sort of budget from the Steering Committee for distribution to the Commission for review, and authorize payment of $15,000 but not release it until after the meeting on March 1. McElhaney stated he was not supportive -- that he would prefer to table approval until March 1. Johnson noted that this item was budgeted and the Commission knew it was coming. However, he further stated that he was comfortable with waiting until March 1st. No action was taken.</P> <P><STRONG>PLANNING 02-23-04<BR></STRONG>The Board discussed proposed revisions to the Horizon 2020 Commercial Chapter with David Dunfield, Mayor of the City of Lawrence. Linda Finger, Director of the Lawrence-Douglas County Metropolitan Planning Department, Bryan Dyer, staff member of the Lawrence-Douglas County Metropolitan Planning Department, and Myles Schachter, member of the Lawrence-Douglas County Metropolitan Planning Commission, were also present for the discussion. Planning staff was directed to make noted amendments and check for consist language throughout the document. This item will be discussed again on Monday, March 1, 2004. No action was taken.</P> <P><STRONG>MISCELLANEOUS 02-23-04</STRONG><BR>Margaret Fast and Earl Lewis, Kansas Water Office, conducted a presentation with regard to watershed protection and water supply issues as the impact Douglas County. No action was taken.</P> <P><STRONG>ZONING 02-23-04</STRONG><BR>Keith Dabney, Director of Zoning and Codes, presented a request from Wayne and Rebecca Brovont for a variance to establish a private driveway in Section 3, Township 14 South, Range 19 East. Staff recommended denial of the request. After discussion, the Brovonts formally requested withdrawal of the variance. No action was taken.</P> <P><STRONG>ACCOUNTS PAYABLE 02-23-04<BR></STRONG>Johnson moved approval of accounts payable in the amount of $134,213.84 to be paid 2/24/04; and accounts payable manual checks in the amount of $1,646.36. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 02-23-04</STRONG><BR>At 5:42 P.M., Jones made a motion that the Board go into Executive Session until 6:00 P.M. with Evan Ice, County Counselor, and Craig Weinaug, County Administrator, to discuss potential litigation. The Board returned to regular session at 5:58 P.M. No action was taken.</P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P></P> <P>______________________________ ________________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>______________________________ ________________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Member</P>

<P>The Board of County Commissioners of Douglas County, Kansas, conducted a joint meeting with the Lawrence City Commission on Wednesday, February 25, 2004. Chairman Jones called the meeting to order at 3:00 P.M. with all members present. The Pledge of Allegiance was recited. The purpose of the joint meeting was to discuss economic development issues. No action was taken.</P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member<BR></P>

<P>Jones called the meeting to order at 3:02 P.M. on Monday, March 8, 2004 with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 03-08-04</STRONG><BR>McElhaney moved approval of the following Consent Agenda:</P> <P>Approve Commissioners Order Nos. 5223, 5224, 5225 and 5226. Orders are on file in the office of the County Clerk;<BR>Pull "Consider approval of Charter Resolution to authorize creation of Road Improvement Districts" for discussion; and<BR>Approve Lone Star Skiing dates for 2004 as follows:<BR><BR>That skiing be allowed from 10:00 a.m. until 9:00 p.m. on Tuesday, Wednesday, and Thursday of each week between June 1st and July 29th and also on the following dates:</P> <P>May 31 (Mon -- Memorial Day) Jul 4 (Sun)<BR>Jun 6 (Sun) Jul 10 (Sat) <BR>Jun 12 (Sat) Jul 18 (Sun)<BR>Jun 20 (Sun) Jul 24 (Sat)<BR>Jun 26 (Sat) </P> <P>That skiing be allowed from 10:00 a.m. until 8:00 p.m. on Tuesday, Wednesday, and Thursday of each week between August 1st and September 2nd and also on the following dates:</P> <P>Aug 1 (Sun) Aug 21 (Sat)<BR>Aug 7 (Sat) Aug 29 (Sun)<BR>Aug 15 (Sun) Sep 6 (Mon — Labor Day)</P> <P>That skiing be allowed from 10:00 a.m. until 6:00 p.m. on the following dates:</P> <P>Sep 11 (Sat) Sep 25 (Sat)<BR>Sep 19 (Sun)</P> <P>Johnson seconded and the motion carried unanimously.</P> <P><STRONG>MISCELLANEOUS 03-08-04</STRONG><BR>Lynn Parman, Vice President of Economic Development of the Lawrence Chamber of Commerce, presented a request for funding of the KU PRI Biosci ences Study. Also present were Ted Haggart, Co-Chair, Biosciences Task Force, and Lavern Squier, President &amp; CEO of the Lawrence Chamber of Commerce. The Lawrence Chamber of Commerce formed a Biosciences Task Force last fall to develop strategies to cultivate an environment in Lawrence/Douglas County to attract new life sciences investment and jobs. The Task Force is interested in contracting with KU's Policy Research Institute to perform an economic impact analysis of what future impacts could result if the community implemented a targeted biosciences initiative aimed at creating more biosciences research and jobs. The results of the study will be utilized to develop a strategic plan for biosciences industry growth in Lawrence/Douglas County. The Task Force is proposing that the City, County, Chamber and KU share in the cost of the study, which is anticipated to cost $24,120, or $6,030 per entity. Jones questioned the possibility of a conflict of interest since he is an employee of the University. Johnson stated that he has served on the biosciences task force along with thirty (30) other individuals and did not believe it to be a conflict. McElhaney stated he didn't have a problem with Jones voting. Jones then noted that the purpose of the study is murky -- the intent needs to be made more clear. He asked what answers we were buying with this $20,000. Jones made a motion to support the request but asked that additional documentation be prepared for the Board's consideration on Monday, March 15, 2004. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>PUBLIC WORKS 03-08-04</STRONG><BR>The Board considered approval of a request from Jack Gaumnitz, property owner along N 1500 Road just west of George Williams Way, regarding the possibility of installing a gate across N 1500 Road near his west property line. Keith Browning, Director of Public Works/County Engineer, noted that Mr. Gaumnitz has experienced problems with people dumping trash and tearing up sod he has planted. Browning also noted that N 1500 Road is a township maintained road that intersects E 902 Road immediately east of the at-grade intersection with K-10 Highway. The road is not connected through to George Williams Way, but ends just past Mr. Gaumnitz's driveway just west of George Williams Way. The Lawrence city limits are down the center of N 1500 Road, so the north half of the road is in the city. Transportation 2025 indicates that this portion of N 1500 Road will be a future city collector road between George Williams Way and K-10 Highway. Given development in this portion of west Lawrence and the lack of a 15th Street interchange at K-10, this road would experience significant traffic if connected to George Williams Way. The existing road is a very narrow gravel road with steep grades and poor sight distance. The road crosses a county-maintained low water crossing approximately 900 feet east of K-10. It is not suitable for any amount of significant traffic in its current state. The City and County would presumably share costs to reconstruct the road to city collector street standards. Since the north half of the road is within its city limits, the City of Lawrence will also need to approve the gate installation. </P> <P>Jones stated he was opposed to the idea of a public road being restricted for private use and if Mr. Gaumnitz was willing to pay for the maintenance, he would be willing to approve. Mr. Gaumnitz stated that he was not opposed to maintain ing the road. Jones indicated he would be willing to approve the installation of the gate with two (2) stipulations -- that it be made clear that the city/county reserves the right to remove the gate and make substantial improvements on N 1500 Road, and that Mr. Gaumnitz work with Kanwaka Township to pay for the cost of maintenance of the road east of the barrier. Mr. Gaumnitz stated he was willing to agree to those stipulations. The City of Lawrence will consider this request some time in late March and will be brought back to the County Commis sion at a later date.</P> <P><STRONG>ZONING 03-08-04</STRONG><BR>Keith Dabney, Director of Zoning &amp; Codes, conducted a brief presentation on the status of the enforcement of home occupation regulations. Dabney also presented a proposed resolution amending the Douglas County Zoning Regula tions to specifically allow dairy equipment distribution as a permissible rural home business occupation [Type II] under Section 19-6.2 of the Zoning Regula tions. This resolution will need to be forwarded to the Planning Commission requesting their recommendation. Jones made a motion to forward the proposed resolution to the Planning Commission; motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PUBLIC WORKS &amp; RESOLUTIONS 03-08-04<BR></STRONG>The Board considered approval of a Charter Resolution relating to the formation and operation of Road Improvement Districts and providing substitute and additional provision relating thereto. Johnson moved approval of Charter Resolu tion No. 04-3-1, A Charter Resolution exempting the County from the Provisions of K.S.A. 19-2753, K.S.A. 19-2754, K.S.A. 19-2755, K.S.A. 19-2756, K.S.A. 19- 2757, K.S.A. 19-2758, K.S.A. 19-2759, K.S.A. 19-2760, K.S.A. 19-2761, K.S.A. 19-2762, K.S.A. 19-2763, K.S.A. 19-2764, K.S.A. 19-2765, K.S.A. 19-2766, K.S.A. 19-2767, K.S.A. 19-2768, K.S.A. 19-2769, K.S.A. 19-2770, K.S.A. 19- 2771, K.S.A. 19-2772, K.S.A. 19-2786g, and K.S.A. 19-2786j, relating to the formation and operation of Road Improvement Districts and providing substitute and additional provision relating thereto. McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 03-08-04</STRONG><BR>Johnson moved approval of accounts payable in the amount of $894,876.83 to be paid 3/9/04; and accounts payable manual checks in the amounts of $1,620.32 and $2,652.06; McElhaney seconded and the motion carried unani mously.</P> <P><STRONG>TAX MATTERS 03-08-04<BR></STRONG>Johnson moved approval to authorize the Douglas County Treasurer to credit the accounts of John Knox in the amount of $1,350.80; Johnson Chemical Co. In the amounts of $312.56 and $392.95; and Zercher's Camera America in the amount of $53.73 as authorized by state statute. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 03-08-04</STRONG><BR>At 4:55 P.M., Jones made a motion that the Board recess to go into executive session with Craig Weinaug, County Administrator; Evan Ice, County Counselor; and Keith Dabney, Director of Zoning &amp; Codes, for 30 minutes to discuss home occupation enforcement issues. Johnson seconded and the motion carried unanimously. The Board returned to regular session at 5:18 P.M. No action was taken. </P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P></P> <P>_____________________________ _____________________________<BR>Charles Jones, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Jere McElhaney, Member<BR></P>

<P>Jones called the meeting to order at 8:33 A.M. on Monday, March 15, 2004 with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 03-15-04<BR></STRONG>Johnson moved approval of the following Consent Agenda:</P> <P>&nbsp; &nbsp;Approve Commissioners Order Nos. 5227, 5228 and 5229. Orders are on file in the office of the County Clerk;<BR>&nbsp; &nbsp;Authorize Notice to Township for cereal malt beverage license to Clinton Township for Clinton Store; and<BR>&nbsp; &nbsp;Approve request for funding o the KU PRI Biosciences Study in the amount of $6,030.</P> <P>McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>PUBLIC WORKS, BRIDGES &amp; AGREEMENTS 03-15-04</STRONG><BR>Keith Browning, Director of Public Works/County Engineer, presented an Agreement for Phase 2 Engineering Services for Bridge Replacement -- Project No. 23 C-3890-01 -- Bridge No. 09.24-16.00. Douglas county contracted with Finney &amp; Turnipseed Transportation and Civil Engineering, L.L.P. to provide Phase 1 engineering services for the referenced project. The project includes replacing the bridge located on Route 1055 approximately 3/4 mile south of Route 458 (near Cedar Hill Gun Club) and improving the approach roadway alignment. Phase 1 services consisted of a study to help determine the extent of the approach roadway improvements, determine the recommended bridge type and size, and determine a proposed approach roadway alignment that strikes a balance between improved road safety and minimizing the impact to neighboring property owners. Browning recommended to contract with Finney &amp; Turnipseed for Phase 2 engineering design services to replace the bridge and improve the approach roadway alignment through the bridge including the first curve south of the bridge. Finney &amp; Turnipseed has proposed a lump sum fee of $43,200 for this work. The proposed fee is approximately 5.2% of the estimated construction cost of $832,150. The Capital Improvements Program includes $75,000 for engineering services for this project. Jones made a motion to approve the agreement with Finney &amp; Turnipseed Transportation and Civil Engineering, L.L.P. for Phase 2 consulting engineering services for Project No. 23 C-3890-01 at a lump sum cost of $43,200; Johnson seconded and the motion carried unanimously.</P> <P><STRONG>MISCELLANEOUS 03-15-04<BR></STRONG>Kay Pesnell, Register of Deeds, conducted a brief presentation of the Technol ogy Fund. Pesnell reported the following total collections and expenditures of the Fund from July 1, 2002 to December 31, 2003:</P> <P>Total Collected&nbsp;$479,300.00<BR>Total Interest&nbsp;$3,212.18<BR>Collections &amp; Interest&nbsp;$482,512.18<BR>Expenditures&nbsp;$98,322.70<BR>Balance as of 12/31/03&nbsp;$384,189.48</P> <P><BR>Expenditures included equipment for the Register of Deeds office (staff comput<BR>ers and software); existing machines maintenance agreements and repairs;<BR>microfilm supplies and duplication; supplies for maintaining index books, plats<BR>and storage; and transfer of funds to the Information Technology Department for<BR>storage of scanned computer images. Future expenditures will include replace<BR>ment of Register of Deeds software program; replacement of older scanner;<BR>replacement of older computers and printers; enhancements for web services;<BR>storage for scanned images; ongoing machine maintenance agreements and<BR>repairs; supplies for maintaining index books, plats and storage; and microfilm<BR>supplies and duplication. No action was taken.</P> <P><STRONG>PUBLIC WORKS AND CONTRACTS 03-15-04</STRONG><BR>The Board discussed the contract for the design and construction of a new<BR>storage building at Public Works Operations. Jackie Waggoner, Purchasing<BR>Agent, noted that on March 1, the Board approved the contract for design and<BR>construction of the storage building to Penny Construction in the amount of<BR>$51,474.37. Due to steel price increases, their bid had guaranteed prices<BR>submitted until March 1. Following the award, Penny Construction received<BR>notice from their building material supplier that they would not be able to honor<BR>their original quote. In the meantime, Waggoner has received calls from the<BR>other contractors who responded to the bid request indicating they were also<BR>receiving notice of the erratic steel market and the inability of the manufacturers<BR>to guarantee prices. All contractors who submitted to the original request were<BR>asked to resubmit cost adjustments with a guaranteed date they could honor<BR>their prices. First Management did not revise their bid and now has the low bid.<BR>Their bid will increase $2,050 after March 19. McElhaney made a motion to<BR>approve the low bid from First Management in the amount of $55,047; motion<BR>was seconded by Johnson and carried unanimously.</P> <P><STRONG>BUDGET 03-15-04<BR></STRONG>The Board discussed the 2005 budget process. No action was taken.</P> <P><STRONG>MISCELLANEOUS 03-15-04<BR></STRONG>The Board discussed 2004 objectives. No action was taken.</P> <P><STRONG>ACCOUNTS PAYABLE 03-15-04</STRONG><BR>Jones moved approval of accounts payable in the amount of $363,949.34 to be<BR>paid 3/15/04; accounts payable manual checks in the amount of $594.56; payroll<BR>in the amount of $576,527.01; and electronic funds transfers in the amounts of<BR>$42,595.31 for FICA and $34,251.60 for KPERS to be paid 3/5/04; Johnson<BR>seconded and the motion carried unanimously.</P> <P><STRONG>TAX MATTERS 03-15-04</STRONG><BR>Jones moved approval to authorize the Douglas County Treasurer to credit the<BR>account of Hertz Equipment Rental in the amount of $610.00 as authorized by<BR>state statute; Johnson seconded and the motion carried unanimously.</P> <P><STRONG>APPOINTMENTS 03-15-04</STRONG><BR>Jones made a motion to appoint Larry McElwain, Lawrence, Kansas, to the<BR>Douglas County ECO2 Board to replace Leo Lauber. Motion was seconded by<BR>Johnson and carried unanimously.</P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried<BR>unanimously.</P> <P>&nbsp;</P> <P>_____________________________ _____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member<BR></P>

<P>Jones called the meeting to order at 6:38 P.M. on Wednesday, June 30, 2004 with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>EMERGENCY MANAGEMENT 06-30-04<BR></STRONG>The Board recognized members of the Douglas County Hazmat Team. James McSwain, Chief of the Lawrence-Douglas County &amp; Medical Department, conducted a brief presentation. Training Officer Shaun Coffey presented certifi cates to team members.</P> <P><STRONG>CONSENT AGENDA 06-30-04</STRONG><BR>There were no Consent Agenda items.</P> <P><STRONG>PLANNING 06-30-04<BR></STRONG>Linda Finger, Director of the Lawrence-Douglas County Metropolitan Planning Department, requested approval to change the name of Ranch Estates Subdivision to The Estates of Northwood. Jones moved approval of the request; seconded by Johnson and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 06-30-04</STRONG><BR>Johnson made a motion to approve the sale of a triangular parcel of unused right-of-way located adjacent to 601 N 2nd Street in Lawrence, to Alex Plotnikov of Alek's Auto Shop in the amount of $3,228. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PLANNING 06-30-04</STRONG><BR>The Board considered Item No. 9A of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated April 28, 2004. This item is Z-02-03-04: A request to rezone a tract of land approximately 219 acres from A (Agricultural) District to A-1 (Suburban Home Residential) District. The property is generally described as being located at 837 E 675 Road. Submitted by Michael Nuffer for Gene and Brenda Ackerman, property owners of record. Jeff Tully, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. This item comes to the Board with a unanimous recommendation for denial based on the following Findings of Fact:</P> <P><STRONG>FINDINGS OF FACT:</STRONG></P> <P><STRONG>Zoning and uses of property nearby.</STRONG> All of the property surrounding the subject tract is zoned A (Agricultural) District with a number of single-family homes developed on large tracts of land. Limited agricultural uses exist.</P> <P>&#160;<STRONG>Character of the area.</STRONG> Land uses surrounding the subject property consist of limited agricultural uses combined with rural single-family residences. No residentially zoned subdivision is contiguous to the subject property.</P> <P><STRONG>Suitability of subject property for the uses to which it has been restricted</STRONG>. The subject property is located outside of the recently expanded Lawrence Urban Growth Area. The subject property is immediately contiguous to A (Agricultural) District zoned property in all four geographic directions. These lands primarily feature limited agricultural uses with rural single-family residences on large tracts of land. The subject property is not contiguous to any platted subdivision. Based on the site location, surrounding uses and the comprehensive plan Horizon 2020 (specifically the Growth Management Policy), the subject property is currently suited for the uses to which it has been restricted.</P> <P><STRONG>Length of time subject property has remained vacant as zoned.</STRONG> The subject property is not currently vacant and has been zoned A (Agricultural) District since 1966.</P> <P><STRONG>Extent to which removal of restrictions will detrimentally affect nearby property.</STRONG> Approval of a rezoning from A (Agricultural) District to A-1 (Suburban Home Residential) District may impact the surrounding agricultural and low- density residential character of the area by introducing a higher density use outside of the Urban Growth Area and not contiguous to any platted subdivision. This type of residential development proposed over 4.5 miles south of Lawrence city limits, is premature and representative of "leapfrog" development. Once zoned and platted, this development may encourage adjacent parcelization and suburban development resulting in a loss of agricultural land.</P> <P><STRONG>Relative gain to the public health, safety and welfare by the destruction of the value of the petitioner's property as compared to the hardship imposed upon the individual landowners.</STRONG> There is a potential for this rezoning and subsequent plat to have a negative impact on surrounding A (Agricultural) District land because of an increase in residential density and future impact of converting other A District land for higher density residential uses. Additionally, the subject property is outside of the revised Urban Growth Area and is not contiguous to any platted subdivision. Denial of the request will not destroy the value of the petitioner's property and approval of the rezoning will have little benefit to the public health, safety, and welfare. While the proposed use of the subject property may result in higher property values in the immediate area, the use will also increase demands for township and county services.</P> <P><STRONG>Conformance with <EM>The Comprehensive Plan</EM>.</STRONG> The rezoning application is inconsistent with the policies and guidelines of <EM>Horizon 2020</EM>.</P> <P>Tully explained that this item was first calendared for the Planning Commission's March 17, 2004 meeting and the applicant requested deferral to the April 28, 2004 meeting. On April 28, 2004, the applicant again requested deferral to allow development of an engineering study that he hoped would show the flood control possibilities the proposed lake for the benefit of county and area residents. The Planning Commission voted 2 in support of and 7 in opposition to deferral. The Planning Commission then voted unanimously to deny the rezoning request. Jones questioned whether the deferral request was discussed thoroughly. Tully referred to additional documented provided regarding the discussion. </P> <P>Linda Finger, Director of the Lawrence-Douglas County Metropolitan Planning Department, stated it would require a super majority vote (3-0) to override the Planning Commission's unanimous denial.</P> <P>Price Banks, attorney representing the applicant, stated he believed the statutory language states that it would require a 2/3rds majority vote (2-1) to override the denial. Finger stated that this was the case. </P> <P>Banks explained that one reason Mr. Nuffer requested deferral on April 28th was because he employed an engineer to develop an engineering study regarding potential flood control possibilities from the proposed lake. This study was completed on June 30 and presented to the Board. Banks then briefly discussed the findings of the study. Banks stated he believed the rezoning request was in compliance with one exception (contiguously platted) which he finds debatable. </P> <P>Brian Jahelka, engineer, then conducted a brief discussion regarding the engineering study. </P> <P>The Board then accepted public comment.</P> <P>Scott Mesler stated he was not in favor of the rezoning request. </P> <P>Charlotte Kanocke asked the Board to consider and follow Horizon 2020 as it represents good planning and public policy. </P> <P>Melinda Henderson made brief comments regarding neighbors notification of their right to file protest petitions. </P> <P>Jeff Swanson stated he didn't have a problem with the rezoning request. </P> <P>John Kiefer, father-in-law of the applicant, asked for approval. </P> <P>&#160;Keith Browning, Director of Public Works/County Engineer, stated that the study shows a lot of the same information that George Butler came up with after the floods in 1998. He stated that he believed the study merits further consideration.</P> <P>Mike Bates spoke in favor of the request.</P> <P>McElhaney noted he would like to take a look at the information that was just presented. He stated he liked the aspect of the flooding control. </P> <P>Johnson stated he would prefer not to vote on it at this time. He would like to wait until after the report on the 5-acre exemption is received. </P> <P>Jones noted that the Planning Commission is a very diverse group and the Board should take it very seriously when there is a unanimous decision from that Commission. He also agreed that the findings in the engineering study had a very compelling side to it. </P> <P>Johnson expressed concern regarding the lack of recorded debate in the minutes of the Planning Commission. </P> <P>Jones made a motion to return Z-02-03-04 to the Planning Commission for reconsideration requesting better articulation of their vote; directed the Planning Commission to consider the benefits of the floodplain study; consider Keith Browning's professional recommendation and review, specifically interested in long-term maintenance; and allow public comment. The motion was seconded by Johnson and carried unanimously.</P> <P>Finger clarified there would be no opportunity to file a protest petition.</P> <P><STRONG>APPOINTMENTS 06-30-04</STRONG><BR>Jones made a motion to appoint Holly Krebs, 115 E 11th, Lawrence, KS, to the Lawrence-Douglas County Metropolitan Planning Commission for a three (3) year term to expire May 31, 2007. Motion was seconded by Johnson and carried unanimously. It should be noted that Krebs replaces Roger Schenewerk who is not eligible for reappointment.</P> <P>&#160;Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member<BR></P>

<P>Jones called the meeting to order at 8:34 A.M. on Tuesday, June 29, 2004 with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>BUDGET 06-29-04<BR></STRONG>The Board conducted 2005 budget hearings. No action was taken.</P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member<BR></P>

<P>Jones called the meeting to order at 8:33 A.M. on Monday, June 28, 2004 with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 06-28-04<BR></STRONG>Johnson moved approval of the following Consent Agenda:</P> <P>&nbsp; &nbsp;Approve Commissioners Order No. 5249. Order is on file in the office of the County Clerk.</P> <P>Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PLANNING &amp; ZONING 06-28-04<BR></STRONG>The Board considered Item No. 10 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated 05/26/04. This item is TA-03- 02-04: Consider text amendment to the County Zoning Regulations to add an additional use to Type 2 Rural Home Business Occupation Regulations. Initiated by the Board of County Commissioners in March 2004. Sandra Day, staff member of the Lawrence-Douglas County Metropolitan Planning Department, and Keith Dabney, Director of Zoning &amp; Codes, were present for the discussion. This item comes to the Board with a unanimous recommendation to approve a text amendment to the Home Occupations section of the County Zoning Regulations [Sec. 19-6.2(c)(2)] to state:</P> <P>&nbsp;"Assembly, distribution, maintenance and repair of dairy and agricultural implements and equipment."</P> <P>Jones moved approval of the text amendment as recommended; Johnson seconded, and the motion carried unanimously.</P> <P><STRONG>PLANNING 06-28-04<BR></STRONG>The Board then considered N-06-01-04: Vault Toilets at Camp Bromelsick, 682 N 1400 Road. Sheila Stogsdill, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. Stogsdill explained that the Camp Bromelsick Foundation Board of Directors has requested approval of a non-conforming use to allow issuance of a building permit for the installation of a two stall unisex handicap accessible precast concrete vault toilet at Camp Bromelsick located north of Clinton State Park. The Boy Scout camp was established in the early 1960s and is considered a legal, non-conforming use since it predates the County's adoption of the Zoning Regulations in 1966. Article 20 of the Zoning Regulations provides direction on changes and alterations to non-conforming uses in the unincorporated portions of Douglas County. Section 20-2(b) states "No non-conforming building, structure, or use shall be changed, extended, enlarged or structurally altered unless: . . . (3) Authority is granted by the Board of County Commissioners to change the use or occupancy, provided the Commission finds the use is within the same or more restrictive classification as the original non-conforming use. . . ." Stogsdill stated that staff believes the requested installation provides an improvement to a well-established facility within the County and d&#160;s not conflict with the intent provided in Article 20 of the Zoning Regulations. McElhaney made a motion to approve the alteration of the existing non-conforming use of Camp Bromelsick to permit the installation of vault toilets in accordance with the following conditions as recommended by Douglas County Health Board:</P> <P>&nbsp;The vault unit(s):<BR>&nbsp;&nbsp;(a)&nbsp;Contain a minimum of one thousand (1000) gallons in size;<BR>&nbsp;&nbsp;(b)&nbsp;Be constructed of steel reinforced concrete with walls being a minimum of four (4) inches thick;<BR>&nbsp;&nbsp;(c)&nbsp;Be lined with a black ABS plastic liner;<BR>&nbsp;&nbsp;(d)&nbsp;Provide a method for hand washing;<BR>&nbsp;&nbsp;(e)&nbsp;Not be used at any future time for residential or commercial purposes; and<BR>&nbsp;&nbsp;(f)&nbsp;Be filled in with earth should the property ever be sold or the use of the vault(s) be abandoned.</P> <P>Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>BUDGET 06-28-04<BR></STRONG>The Board conducted 2005 budget hearings. No action was taken.</P> <P><STRONG>ACCOUNTS PAYABLE 06-28-04<BR></STRONG>Jones moved approval of accounts payable in the amount of $190,981.80 to be paid 06/28/04; accounts payable manual checks in the amount of $1,368.24; payroll in the amount of $625,181.70; and electronic funds transfers in the amounts of $46,023.92 for FICA and $37,964.41 for KPERS to be paid 06/25/04; Johnson seconded and the motion carried unanimously.</P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P><BR>______________________________&nbsp;&nbsp; ______________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>______________________________&nbsp; _______________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P>

<P>Jones called the meeting to order at 8:34 A.M. on Tuesday, July 6, 2004 with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 07-06-04</STRONG><BR>Johnson moved approval of the following Consent Agenda:</P> <P>&nbsp; &nbsp;Approve Commissioners Order No. 5250. Order is on file in the office of the County Clerk.</P> <P>Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>BUDGET 07-06-04</STRONG><BR>The Board conducted 2005 budget hearings. No action was taken.</P> <P><STRONG>ACCOUNTS PAYABLE 07-06-04<BR></STRONG>McElhaney moved approval of accounts payable in the amount of $231,925.68 <BR>to be paid 07/06/04 and authorized ACH Bank Transfers in the amount of $2,025,731.25 to be transferred 07/30/04. McElhaney seconded and the motion carried unanimously.</P> <P>Jones made a motion to recess until 5:30 P.M. at which time the Board will meet jointly with the Lawrence City Commission to discuss possible acquisition of real estate. Johnson seconded and the motion carried unanimously.</P> <P>The Board reconvened at 5:30 P.M. with Commissioners Johnson and McElhaney present. Johnson made a motion that the Board recess to go into executive session with the Lawrence City Commission; Craig Weinaug, County Administrator; Mike Wildgen; City Manager; Evan Ice, County Counselor; Dave Corliss, Assistant City Manager; Debbie Van Saun, Assistant City Manager; Jerry Samp, Douglas County Development, Inc.; Roxanne Miller, member of ECO2; Leonard Ledbetter, Environmental Consultant; Linda Finger, Director of the Lawrence-Douglas County Metropolitan Planning Department; Lavern Squier, President and CEO, Lawrence Chamber of Commerce; Lynn Parman, Vice President Economic Development, Lawrence Chamber of Commerce; and Phil Struble, LandPlan Engineering, until 6:35 P.M. to discuss the possible acquisition of real estate. The justification for the executive session is to keep possible terms of real estate acquisition confidential at this time. Motion was seconded by McElhaney and carried. Jones joined the meeting at 5:36 P.M. The Board returned to regular session at 6:33 P.M. No action was taken.</P> <P>&#160;Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member<BR></P>

<P>Jones called the meeting to order at 8:34 A.M. on Monday, August 30, 2004 with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 08-30-04<BR></STRONG>McElhaney moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5260. Order is on file in the office of the County Clerk;</LI> <LI>Approve Agreement with the Kansas Department of Transportation for inspection of the pin and hanger assemblies on the Kansas River Bridge at Lecompton Douglas County Bridge No. 21.30-06.15; NBI Bridge No. 000000000230240 for an estimated cost to Douglas County of $1,200;</LI> <LI>Authorize execution of Consent on Waiver of Potential Conflict of Interest for legal work on Interlocal Agreement with the City of Baldwin for Business Industrial Park; and</LI> <LI>Authorize the Chair to execute Drainage and Utility Easements at East Hills Business Park.</LI></UL> <P>Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>PUBLIC WORKS 08-30-04</STRONG><BR>The Board considered approval of a letter to the Kansas Department of Transportation regarding local road issues in conjunction with the US 59 Freeway Construction Project. The Board made various revisions to the draft which to be finalized and executed on Wednesday, September 1, 2004. No action was taken.</P> <P><STRONG>PROCLAMATION 08-30-04<BR></STRONG>Christine Kenney, District Attorney, read a Proclamation proclaiming the week of September 5-11, 2004 to be "Lawrence Literacy Week" in Douglas County. Jones moved approval of the Proclamation as read; Johnson seconded and the motion carried unanimously.</P> <P><STRONG>PLANNING 08-30-04<BR></STRONG>The Board considered Item No. 10A of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated June, 23, 2004. This item is Z-05-18-04: A request to rezone a tract of land approximately 159.32 acres from A (Agricultural) District to A-1 (Suburban Home) District. The property is generally descried as being located at the northeast corner of E 50 Road and N 1600 Road along County Road 442 (1636 E 50 Road). Submitted by Bartlett and West Engineers, Inc., for Core Investments, LLC, and Martin B. and Doris J. Caldwell, property owners of record. Sandra Day, staff member of the Lawrence-Douglas County Metropolitan Planning Department, was present for the discussion. This item comes to the Board with a unanimous recommendation for denial from the Planning Commission based upon the following Findings of Fact:</P> <P><STRONG>FINDINGS OF FACT</STRONG></P> <P><STRONG>Zoning and uses of property nearby.</STRONG> All of the property surrounding the subject tract is zoned A (Agricultural) District with a number of single-family homes developed on large tracts of land that include agricultural activities. Martin Marietta Quarry is located northwest of the subject property.</P> <P><STRONG>Character of the area.</STRONG> Land uses surrounding the subject property consist of agricultural uses combined with rural single-family residences. No residential subdivision is contiguous to the subject property.</P> <P><STRONG>Suitability of subject property for the uses to which it has been restricted</STRONG>. The subject property is located outside of any identified Urban Growth Area. The subject property is immediately contiguous to A (Agricultural) District zoned property in all directions. The subject property is not contiguous to any platted subdivision. Based on the site location, surrounding uses and the comprehensive plan Horizon 20200 (specifically the Growth Management Policy), the subject property is currently suited for the uses to which it has been restricted.</P> <P><STRONG>Length of time subject property has remained vacant as zoned.</STRONG> The subject property is currently developed with a rural single-family residence and outbuild ing. The property has been zoned A (Agricultural) District since the adoption of county zoning.</P> <P><STRONG>Extent to which removal of restrictions will detrimentally affect nearby property.</STRONG> Approval of a rezoning from A (Agricultural) District to A-1 (Suburban Home Residential) District may impact the surrounding agricultural and low-density residential character of the area by introducing a higher density use outside of the Urban Growth Area and non-contiguous to another platted subdivision. It is recognized that there is a need to address direct access to county roads in a manner that achieves safety to the greatest extent possible. This is representative of a type of "leapfrog" development as the area is beyond the planning horizon of either Lecompton or Lawrence to serve in the next 20+ years. Once zoned and platted, this development would provide the platted subdivision criteria for additional suburban development.</P> <P><STRONG>Relative gain to the public health, safety and welfare by the destruction of the value of the petitioner's property as compared to the hardship imposed upon the individual landowners.</STRONG> There is a potential for this rezoning and subsequent plat to have a negative impact on surrounding A (Agricultural) District land because of an increase in residential density and future impact of converting other A District land for higher density residential uses. Denial of the request will not destroy the value of the petitioner's property since it may be subdivided through an alternative means. The identified community benefit is the improved vehicular access and safety to the County Road network provided through platting of internal streets rather than direct access to a County Arterial Road.</P> <P><STRONG>Conformance with The Comprehensive Plan.</STRONG> The rezoning application is located in the area defined as the rural area and beyond the designated UGA for "which city services cannot easily be extended over a given period of time and are unrelated to any capital improvement project or service delivery plans of nearby incorporated cities or designated urban growth areas." The property is not adjacent to another platted subdivision The only ability to assure cluster development and retain agricultural continuity is through the subdivision process. The proposed request is not consistent with the land use recommendations related to the proximity of the Urban Growth Area and therefore is not consistent with Horizon 2020.</P> <P>Jones noted the 250' access problem. Jones also noted open space issues.</P> <P>Johnson stated that this proposal has fewer access points that could occur through the 5-acre exemption if the rezoning is not approved.</P> <P>Charlie Dominguez, member of the small corporation owning the property, stated there would always be open space and he would be willing to put that in writing. </P> <P>McElhaney stated that the Public Works Director noted that one access point is a major consideration for safety on the well-traveled road. McElhaney also stated he had conversations with Kanwaka Township officials, the fire department and various neighbors who are all supportive of this proposal. The ground is not suitable for crops and is only good for grazing activities. Potential buyers will know that they will be next to a quarry and will never get city services such as trash, sewage, etc. McElhaney indicated he would vote for the proposal.</P> <P>Jones stated that he believed the contiguity requirement is a good requirement. It is sound, reasonable planning and the Board would be making a serious mistake by weakening a good policy. He noted that the 5-acre exemption is bad policy which has been discussed over and over but nothing seems to happen. The Board needs to push aggressively to get something together to avoid this type of situation. Although he appreciated the applicant's plans and efforts, he was not supportive.</P> <P>Johnson stated he prefers to vote in support of the Planning Commission's recommendations, however this is a difficult decision. He d&#160;s not believe this would be weakening good policy, but it is exposing a flaw in current policy. The Board needs to rethink the current policy and put themselves in a position where these issues won't need to be dealt with. Johnson further stated he would vote for the request because the safety aspect overrides the contiguous issue. In the long term, it is better to have platted than to have a series of 5-acre plots. Johnson then moved approval of Z-05-18-04; McElhaney seconded and the motion carried with Jones opposed.</P> <P>Jones directed Keith Browning, Director of Public Works to work with Linda Finger, Director of the Lawrence-Douglas County Metropolitan Planning Department, and Craig Weinaug, County Administrator, to develop a hard schedule to review access policies.</P> <P><STRONG>PLANNING 08-30-04</STRONG><BR>The Board considered SP-07-44-04: A site plan for River of Fire Church and Daycare, to be located at the former Bishop Seabury Academy site at 1411 E 1850 Road. Submitted by Tom Wilson with the River of Fire Church for Victor Shenouda, property owner of record. Paul Patterson, staff member of the Lawrence-Douglas County Metropolitan Planning Department, was present for the discussion. Patterson explained that this request is a revised site plan to include a church in conjunction with a previously approved Child Care Center. The facility is located in the unincorporated portion of Douglas County between Lawrence and Eudora, on 5 acres on the west side of E 1850 Road, approximately 300' north of N 1400 Road.</P> <P>River of Fire is proposing to oversee the management of the Child Care Center. The River of Fire will also have their church office in the building, with 1 to 2 employees of the church. Church services would be held in the gymnasium. The River of Fire Church services are currently held on Sunday mornings, however, they will, at times, also have some meetings in the evenings. The Sunday morning services currently begin at 9:30 A.M. When they do have evening or special meetings they usually begin at 7:00 P.M. and end at approximately 10:00 P.M.</P> <P>A Conditional Use Permit for the Child Care Center was approved by the County Commission on November 17, 2003. </P> <P>Jones questioned the notification process for the neighbors. Patterson was unclear as to whether proper notification had been sent. It was the consensus of the Board to table consideration until staff had an opportunity to make sure the proper procedures had been followed. No action was taken.</P> <P><STRONG>MISCELLANEOUS 08-30-04</STRONG><BR>Lavern Squier, President and CEO of the Lawrence Chamber of Commerce, presented a proposal for the purchase of an incubator building for the Lawrence Regional Technology Center (LRTC). The City of Lawrence and Douglas County originally appropriated $250,000 and $200,000, respectively, for the acquisition of a facility for a business incubator operated by LRTC. Squire requested action to acknowledge the transaction in order to move forward with the intended purpose. Ted Haggart, Douglas County Bank, Matthew McClorey, President of LRTC, and Gene Meyer, conducted brief presentations regarding the status of funding and oversight arrangements involving real estate acquisition.</P> <P>Jones indicated he was supportive of the concept and asked if there was a certain clause in place if LRTC were to disband. McClorey stated there was. Jones then noted various discrepancies in the document and suggested clarification. </P> <P>Johnson stated for the record that he was a member of the Board of Trustees of the Rice Foundation, a tenant in the building. He did not believe this was a conflict of interest.</P> <P>Jones and McElhaney agreed they did not believe this was a conflict. Jones then indicated he was supportive and requested the document be returned with a few minor revisions for approval. No action was taken.</P> <P><STRONG>INFORMATION TECHNOLOGY, CONTRACTS &amp; PURCHASING 08-30-04<BR></STRONG>The Board discussed a proposal to for conversion of AS400 data for the District Attorney and District Court. Pam Madl, Assistant County Administrator, stated that the AS400 computer that is being used by the District Court and District Attorney's offices needs to be moved since the machine is nearing the end of its "supported" life and would be very costly to the County to continue using this type of computer. Additionally, both the Court and District Attorney's offices will be implementing software developed by the State of Kansas, mostly at the State's expense, wich requires a server rather than an AS400 for operation. Madl presented a proposal from Jerry Manweiler for conversion of the data currently on the AS400. The data will have to be reconfigured so that the server can read it which is a highly technical and difficult process. Mr. Manweiler has proposed to accept this task for a fee of $88,680 which will take at least seven (7) months to complete. After discussion, Jones made a motion to waive the Purchasing Policy and authorize Pam Madl to negotiate a final contract with Mr. Manweiler for the conversion of the District Court and District Attorney data in the amount of $88,680. Johnson seconded and the motion carried unanimously.</P> <P><STRONG>EMERGENCY COMMUNICATIONS 08-30-04</STRONG><BR>The Board discussed an enhanced 911 system. Jim Denney, Director of Douglas County Emergency Communications, was present for the discussion. Denney requested direction/authorization to either make independent formal requests of the cellular companies in Douglas County to provide enhanced 911 data or to make formal application to Mid-America Regional Council (MARC) to join their regional 911 system. </P> <P>Jones stated he was not inclined to get involved with MARC. Jones then made a motion to authorize Denney to contact relative companies and negotiate a contract for action by the Commission. Johnson seconded and the motion carried unanimously.</P> <P><STRONG>PUBLIC WORKS 08-30-04</STRONG><BR>The Board discussed a proposed letter to the Kansas Department of Transportation with regard to the Highway 59 project design. Jones moved approval of the letter, seconded by McElhaney and carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 08-30-04</STRONG><BR>Johnson moved approval of accounts payable in the amount of $427,661.42 to be paid 08/30/04. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 08-30-04<BR></STRONG>The Board directed staff to earmark the $500 scholarship earned from the purchase of office supplies to Cassandra Woosley, Eudora Student Representative. The Board also indicated that future scholarship earnings would be earmarked for other Commission student representatives.</P> <P><STRONG>AGREEMENTS &amp; MISCELLANEOUS 08-30-04<BR></STRONG>Jones moved approval to expend an amount up to $10,000 to match the City of Lawrence's investment engaging the firm of Lathrop &amp; Gage to serve as counsel for the possible acquisition and redevelopment of Farmland property. Motion was seconded by Johnson and carried unanimously.</P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P>______________________________ ________________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>______________________________ ________________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P>

<P>Jones called the meeting to order at 8:33 A.M. on Monday, October 4, 2004 with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>PROCLAMATION 10-04-04</STRONG><BR>Myrna Hartford, representing Kansas Associations for Family and Community Education, read a Proclamation proclaiming the week of October 10-16, 2004 as "Kansas Family and Community Education Week." Jones moved approval of the Proclamation as read; motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>CONSENT AGENDA 10-04-04</STRONG><BR>There were no consent items.</P> <P><STRONG>DISTRICT COURT, INFORMATION TECHNOLOGY &amp; PURCHASING 10-04-04<BR></STRONG>The Board discussed the acquisition of forty (40) computer licenses to use the Full Court case management system currently being installed in District Court. Pam Madl, Assistant County Administrator, explained that the State of Kansas provided forty (40) Full Court licenses to Douglas County District Court which is enough to cover the system's use by judges, their administrative assistants, court administration, and staff in the Clerk of the District Court and Court Services offices. In order for the Court to fully take advantage of the system, however, the Court needs to be able to efficiently exchange information with associated offices such as the District Attorney, Trustee, Sheriff, Youth Services, Community Corrections, and the Citizen Review Board. Funding has been secured for 75% of the cost of these licenses through a federal Edward Byrne Memorial State and local Law Enforcement Grant. Thus, the grant would pay $54,000 toward the purchase of these licenses, leaving the Court to pay $18,000 through county funding. In addition, the state is providing for software maintenance for all Full Court licenses on site and the Court has spent considerable time and money training at least some staff members in the related offices so they might be able to use Full Court. Monies have been placed in the equipment reserve fund for this purchase. Jones made a motion to approve the acquisition of forty (40) Full Court software licenses in the amount of $18,000; Johnson seconded and the motion carried unanimously.</P> <P><STRONG>PUBLIC WORKS 10-04-04</STRONG><BR>The Board discussed bids received for milling, overlay and construction of paved shoulders on a portion of Route 442. Keith Browning, Director of Public Works/County Engineer, was present for the discussion. Jones made a motion to approve the low bid received from Killough Construction in the amount of $152,219.19 for Project No. 2004-6 involving milling, overlay and paved shoulder construction on a portion of Route 442 and authorize the Director of Public Works to approve change orders cumulatively up to 10% of the contract cost. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>PUBLIC WORKS 10-04-04<BR></STRONG>The Board discussed a request received from Phillip Metsker for an entrance permit onto Route 1-E along the north side of the east arm of Lone Star Lake. Keith Browning, Director of Public Works/County Engineer, explained that since Route 1-E is within Lone Star Park and not within a public road right-of-way easement, Douglas County would need to grant an easement for Mr. Metsker to cross park property. Granting this easement requires Commission action.</P> <P>Mr. Metsker plans to purchase a tract of land from the record owner, Alvin Fishburn. The subject tract is currently contiguous with additional land owned by Mr. Fishburn. This contiguous land currently has public road access, although the road is currently classified as a "minimum maintenance" road. If this tract is split off and sold, it would have no public road frontage.</P> <P>An easement through park property for John Crawford and an entrance onto Route 1-E was approved by the Board in April 1998. This entrance is just west of the proposed entrance. </P> <P>Browning noted that allowing previous entrances onto park roads may have set a precedent, and pointed out the following additional concerns:</P> <P>&nbsp; &nbsp;The appropriateness of allowing residential access through park property;<BR>&nbsp; &nbsp;Increased demand for public services, e.g., snow &amp; ice control, on park roads; and<BR>&nbsp; &nbsp;The detrimental effects of the park setting of continuing to grant entrances to private property off of park roads.</P> <P>Jones stated he was not comfortable with this request. </P> <P>Phillip Metsker indicated there was an easement on his property that he would be willing to trade for an entrance permit.</P> <P>Johnson stated he was not ready to deny the request, but he was not inclined to approve it at this time.</P> <P>Browning noted the Public Works Department is in the process of surveying entire boundary of the park property. </P> <P>Jones indicated his desire to table this request until the survey has been completed. No action was taken.</P> <P><STRONG>MISCELLANEOUS 10-04-04<BR></STRONG>The Board reviewed the 2004 Capital Improvements Program Plan. Jones made a motion to approve the CIP project listing and authorized Pam Madl, Assistant County Administrator, to assign CIP funds to each project as appropriate. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>APPOINTMENTS 10-04-04<BR></STRONG>Johnson made a motion to appoint Charles Jones as the Douglas County voting delegate at the Kansas Association of Counties Annual Meeting to be held November 21-23, 2004. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 10-04-04<BR></STRONG>Johnson moved approval of accounts payable in the amount of $151,810.23 to be paid 10/04/04; accounts payable manual checks in the amount of $1,368.24; payroll in the amount of $605,603.30; and electronic funds transfers in the amounts of $44,487.78 for FICA and $38,259.51 for KPERS to be paid 10/01/04. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>MISCELLANEOUS &amp; PERSONNEL 10-04-04<BR></STRONG>At 10:00 A.M. Jones made a motion that the Board recess to go into executive session until 12:00 P.M. with Craig Weinaug, County Administrator; Pam Madl, Assistant County Administrator; Rick Trapp, Sheriff; and Evan Ice, County Counselor, to discuss a personnel grievance. At 12:00 P.M. Jones made a motion to extend the Executive Session until 1:00 P.M. Johnson seconded and the motion carried unanimously. The Board returned to regular session at 12:57 P.M. No action was taken.</P> <P>Jones moved for adjournment; Johnson seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;Jere McElhaney, Member<BR></P>

<P>Jones called meeting to order at 6:38 P.M. on Wednesday, March 17, 2004 with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 03-17-04</STRONG><BR>Johnson moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5230. Order is on file in the office of the County Clerk;</LI> <LI>Approve 2003 Township Annual Reports;</LI> <LI>Authorize Notice to Clinton Township for Jerk Water Grille; and</LI> <LI>Accept bids for various signs, posts and miscellaneous materials for county and township use as follows:</LI></UL> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>&nbsp;&nbsp;&nbsp;Custom Products&nbsp;&nbsp;&nbsp;$ 7,307.17<BR>&nbsp;&nbsp;&nbsp;Rocal, Inc.&nbsp;&nbsp;&nbsp;&nbsp;$ 1,503.80<BR>&nbsp;&nbsp;&nbsp;Vulcan Signs&nbsp;&nbsp;&nbsp;$ 9,488.88<BR>&nbsp;&nbsp;&nbsp;National Sign&nbsp;&nbsp;&nbsp;$ 1,575.00<BR>&nbsp;&nbsp;&nbsp;DYNA Engineering&nbsp;&nbsp;&nbsp;$&nbsp;&nbsp;&nbsp; 819.00</P> <P>&nbsp;&nbsp;&nbsp;&nbsp;Bid Total&nbsp;&nbsp;&nbsp;$20,693.85</P></BLOCKQUOTE></BLOCKQUOTE> <P>Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PLANNING 03-17-04<BR></STRONG>The Board considered Item No. 12 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated January 28, 2004. This item is Z-09-30-03: A request to rezone a tract of land approximately 154.9 acres from A (Agricultural) District to I-2 (Light Industrial) District. The property is generally described as being located north of N 1800 Road (Farmer's Turnpike) and west of E 900 Road. Submitted by 1800 Junction L.C. Property for Russell L. Tuckel, Jr., Penny J. Tuckel/Venture Properties, Inc., property owners of record. Jeff Tully, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. Tully stated that a valid protest petition was on file which will require a unanimous vote of approval by the Board of County Commissioners. This item comes to the Board with a recommendation for denial based on the following Findings of Fact:</P> <P><STRONG>FINDINGS OF FACT</STRONG></P> <P><STRONG>Zoning and uses of property nearby.</STRONG> All of the properties surrounding the subject tract are zoned A (Agricultural) District with a number of single-family homes developed on large tracts of land. A variety of agricultural uses also exist.</P> <P><STRONG>Character of the area.</STRONG> Land uses surrounding the subject property consists of agricultural uses combined with rural single-family residences. No industrial or commercial uses occur on any land adjacent to the subject property or in the general area of the subject property.</P> <P><STRONG>Suitability of subject property for the uses to which it has been restricted.</STRONG>The subject property is located outside both the current and recently approved by the City Commission (as recommended by the Douglas county Commission on November 19, 2003) Lawrence Urban Growth Area. The subject property is immediately contiguous to A (Agricultural) District zoned property in all four geographic directions. These lands are used for a variety of agricultural uses and rural single-family residences on large tracts of land. Industrial and commercial uses -- the closest, a Rural Water District water tower located southwest of the subject property -- have not diminished the suitability of the subject property for agricultural purposes, including single-family residences.</P> <P><STRONG>Length of time subject property has remained vacant as zoned.</STRONG> The subject property is not currently vacant and has been zoned A (Agricultural) District since 1966.</P> <P><STRONG>Extent to which removal of restrictions will detrimentally affect nearby property.</STRONG> Approval of a rezoning from A (Agricultural) District to I-2 (Light Industrial) District will impact the surrounding agricultural and residential uses and will allow a greater range of non-agricultural and non-residential land uses than currently permitted.</P> <P><STRONG>Relative gain to the public health, safety and welfare by the destruction of the value of the petitioner's property as compared to the hardship imposed upon the individual landowners.</STRONG> Interjection of an urban use in a predominately rural area that is unprepared to handle the associated urban growth pressures could be detrimental to the agricultural and residential character and land uses to the north, south, east and west of the subject property. Because infrastructure is not yet in place to accommodate industrial or higher density uses on the subject property, the introduction of elements such as a lagoon for wastewater collection would be unconventional as large scale projects in Douglas County have not been served by lagoons for wastewater collection. These issues speak to the premature timing of this request for rezoning and any associated development in this part of Douglas County.</P> <P><STRONG>Conformance with <EM>The Comprehensive Plan</EM>.</STRONG> <EM>Horizon 2020</EM> clearly supports the retention of industrial uses and limited expansion of industrial districts outside of an urban area. The proposed rezoning request d&#160;s not conform to the comprehensive plan because the existing character of the area is not defined as industrial in nature. Because the subject property is outside of Lawrence City limits and outside of the Lawrence Urban Growth Area (as recently approved for revision) rezoning this property and any subsequent use would result in leapfrog development, which is inconsistent with Horizon 2020. </P> <P>Phil Struble, LandPlan Engineering, appearing on behalf of the applicant, stated that this is a good location because of its access to transportation networks. The site has a 6" water line crossing in front of the site and a water tower is located across the road from the site. Struble noted that the rural water district expressed concerns and the applicant is willing to restrict water usage as a residential volume user. Struble also addressed fire protection issues stating that there would be separate fire protection water from potable water. Struble noted that the infrastructure is available to provide this park. This is not a residential site and the parcel is in a non-residential location.</P> <P>Todd Thompson, attorney, appeared on behalf of the applicant. Thomson stated that the reason for the selection of this site is the roadway system that is already in place. Thompson then discussed the Golden Factors addressed in the Planning Staff's report.</P> <P>Price Banks, attorney representing Scenic Riverlake Community Association, conducted a brief presentation. Banks stated that this proposed change is in conflict with policies and the future land use map set out in <EM>Horizon 2020</EM>. Banks also stated there was no guarantee the property would remain in control of the current owner. The Association is concerned that the applicant would be able to develop the property with any land uses listed in R-1, B-1, B-2, OR I-2 District which could include a truck stop, a Wal-Mart Store or any big box store which would have a profound negative effect on nearby properties. Banks requested that the Board deny the request for rezoning.</P> <P>The Board heard comments in opposition from the following nearby residents: David Ross, Dr. Marguerite Ermeling, Louis Copt, Greg Berger, Greg Foley, Jim Baggett, Marie Willis, Jeanette Funk, David Ferrot, and Deborah Ferrot. Anita Alsop, made brief comments and requested denial. Larry Kipp made comments regarding water. Antonio Pasteur also requested denial. Dawn Sharp, spoke in opposition and requested denial.</P> <P>Jones made a motion to close the public hearing; McElhaney seconded and the motion carried unanimously.</P> <P>Johnson stated he was uncomfortable with the I-2 District. There should be more than one (1) industrial classification for the County. He suggested that the Board should initiate a text amendment to the zoning regulations to create at least one (1), maybe two (2) more industrial zoning classifications. Johnson also stated he did not believe water was a zoning issue, it's a development issue. Rezoning d&#160;s not obligate water. He suggested that he would be more comfortable voting for this if there was a narrower classification.</P> <P>Jones stated that this clearly sits outside the purview of <EM>Horizon 2020</EM> and there was not a compelling need to go against the recommendation of the Planning Commission and Staff. This is not a well conceived plan. He also stated this was a classic case of leap frog development. </P> <P>McElhaney stated he was in favor particularly since everyone has committed themselves to encourage industrial development.</P> <P>Johnson stated that the Board should look beyond the UGA to identify sites that could and should be used for industrial use and he would rather see this come back in an application in a zoning category more palatable to the neighborhood than to attempt to modify it from an empirical zoning classification. </P> <P>McElhaney suggested the Board defer their decision until the Board has had a chance to look at text amendments creating additional types of industrial classifications.</P> <P>Jones said he did not believe that was the appropriate process, the applicant&nbsp; should start back at square one.</P> <P>Johnson then made a motion to approve Z-09-30-03: a request to rezone 154.9 acres from A (Agricultural) District to I-2 (Light Industrial) District north of N 1800 Road (Farmer's Turnpike) and west of E 900 Road. Motion was seconded by McElhaney. Commissioners Johnson and McElhaney voted yea; Commissioner Jones voted nay; motion failed since it required a super majority vote by the Board.</P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;Jere McElhaney, Member</P>

<P>Jones called the meeting to order at 6:40 P.M. on Wednesday, March 31, 2004 at the Lecompton Community Building with two members present. Commissioner McElhaney was absent. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 03-31-04<BR></STRONG>Jones moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5231 and 5232. Orders are on file in the office of the County Clerk;</LI> <LI>Approve Resolution No. 04-15 granting a cereal malt beverage license to Clinton Store;</LI> <LI>Approve Resolution No. 04-16 granting a cereal malt beverage license to Jerk Water Grill;</LI> <LI>Accept the low bid for magnesium chloride from Scotwood Industries at a unit cost of $0.339 per gallon for the user fee dust palliative program; and</LI> <LI>Accept the low bid from Hutchinson Salt for the supply of 2,000 tons of highway de-icing salt at a total cost of $58,900.</LI></UL> <P>Motion was seconded by Johnson and carried.</P> <P><STRONG>PUBLIC WORKS &amp; CONTRACTS 03-31-04</STRONG><BR>The Board discussed bids received for chip sealing of county roads. Keith Browning, Director of Public Works/County Engineer, explained that the contract quantities assume forty (40) miles of roads will be chip sealed. Contract provisions allow the road mileage actually sealed to vary by +/-25%. The actual road sections to be sealed will be determined this spring after a detailed inspection of pavement conditions. Bids were obtained for utilizing lightweight aggregate (CM-L) for the base bid and for utilizing limestone chips (CM-K) as an alternate bid. Hi-Plains Sand submitted the low base bid of $387,200 and the low alternate bid of $307,868.50. Hi-Plains Sand was awarded the contract in 2001 and the contract was renewed for 2002 and 2003. Browning recommended that the low base bid be accepted from Hi-Plains Sand, Inc. The Road &amp; Bridge Fund 201 has $460,000 allocated for contract sealing and the contract is renewable for up to two (2) additional years. Johnson made a motion to accept the low base bid from Hi-Plains Sand, Inc. in the amount of $387,200 to seal approximately forty (40) miles of county roads in 2004, and authorize the Director of Public Works to approve change orders totaling up to 5% of the contract amount. Jones seconded and the motion carried.</P> <P>McElhaney joined the meeting at 6:56 P.M.</P> <P><STRONG>MISCELLANEOUS 03-31-04</STRONG><BR>The Board conducted a joint meeting with the Lecompton City Council to discuss planning options for areas adjacent to Lecompton.&nbsp; John Riggs, consultant for the city of Lecompton, conducted a presentation of various ways that Lecompton could plan for development. It was the consensus of the Board that the next step would be to conduct a discussion by the rural development subcommittee of the Douglas County Planning Commission. No action was taken.</P> <P><STRONG>ACCOUNTS PAYABLE 03-31-04</STRONG><BR>Jones moved approval of accounts payable in the amount of $239,781.67 to be paid 3/22/04; accounts payable in the amount of $166,750.71 to be paid 3/29/04; accounts payable manual checks in the amounts of $766.00 and $2,393.31; payroll in the amount of $583,912.77; and electronic funds transfers in the amounts of $43,130.51 for FICA and $34,050.56 for KPERS to be paid 3/19/04. Motion was seconded by McElhaney and carried unanimously.</P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;Jere McElhaney, Member<BR></P>

<P>Jones called the meeting to order at 8:37 A.M. on Monday, April 5, 2004 with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 04-05-04<BR></STRONG>Johnson moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5234. Order is on file in the office of the County Clerk; and </LI> <LI>Note receipt of fee reports for the month of February 2004.</LI></UL> <P>Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>RESOLUTIONS 04-05-04<BR></STRONG>The Board discussed approval of a Joint City Ordinance/County Resolution establishing the City and County Economic Development Board: Establishing Procedures for the Governance of the Board. Lynn Parman, Vice President of Economic Development, Lawrence Chamber of Commerce, conducted a brief presentation. Jones stated that he would approve the resolution and asked the new board to take up the following issues and, perhaps, propose amendments to the resolution speaking to the following issues:</P> <P>1. Staffing will be provided by the Chamber of Commerce;<BR>2. The Economic Development Board should have a formal role in providing comments on economic development activities pending before the City and County Commissions (perhaps economic development needs to be defined: from Jones' perspective, industry recruitment is economic development; commercial zoning is not);<BR>3. The Economic Development Board should, at least annually, convene a meeting of all economic development groups operating the County for the purpose of coordination and review (in an ideal world, the Economic Development Board would serve as an economic development umbrella organization: providing for an integrated economic-development budget and annual economic development report;<BR>4. A policy naming substitutes for primary members (for example, the Vice Mayor and Chair should be the only substitutes at Economic Development Board for the Mayor and County Chair) so that consistency is maintained;<BR>5. Somehow the Planning Commission should be integrated into Economic Development Board activities. Jones stated that he understood that past Planning Commission Chair Sue Pine argued strongly against Planning Commission inclusion on the Economic Development Board. His sense is that the current Planning Commission may have a different view of the matter. Whether the Planning Commission is represented on the Economic Development Board, or whether there is some periodic coordination meeting, the Planning Commission certainly d&#160;s need to coordinate with the Economic Development Board.</P> <P>Jones then made a motion to approve Resolution No. 04-17, A Joint Ordinance/Resolution of the City of Lawrence, Kansas and Douglas County, Kansas Establishing the City &amp; County Economic Development Board: Establishing Procedures for the Governance of the Board. Johnson seconded and the motion carried unanimously.</P> <P><STRONG>SHERIFF &amp; PURCHASING 04-05-04<BR></STRONG>Lieutenant Don Crowe, Douglas County Sheriff's Office, appeared before the Board to discuss a proposed towing contract. Crowe explained that the contract would be split into two parts -- one contract for passenger vehicles and light duty trucks, and a second contract for medium and heavy duty trucks. By splitting this into two contracts this would allow for most of the towing services in Douglas County to be eligible to bid. There will be a requirement that they be able to provide three (3) wreckers. The contract would also include the towing of all county vehicles at the bid rate. Crowe outlined the following contract details:</P> <UL> <LI>The contract would be for a one-year period with an option to renew if both parties agree;</LI> <LI>The tow company would be towing road hazards, vehicles from arrests, abandoned vehicles, stolen vehicles and any others where the party can not or will not make a decision on which tow service they want to use. They will also be towing under the contract all county-owned vehicles that need to be towed at contract pricing;<BR>The contract will set the tow and storage fees;</LI> <LI>The contract will outline how the work is to be performed, how the owners of the vehicles and insurance companies are to be treated and when and what access they will be allowed to have to their vehicles. There will be a section for handling citizen complaints and terminating the contract, if necessary.</LI></UL> <P>Crowe also explained that the non-preference rotational list would no longer be used. Instead, the citizens will be provided with a list of available tow services. To be included on this list, the tow services will have to provide the fees for a standard tow. Also included will be the fee amount for dolling, winching, and using a roll back. The tow services would also be required to provide the cost per mile for towing and the daily storage rate and location of the tow lot. This information will be provided to the citizens and they will have to make a choice as to which tow service they want to use. If they can not or will not make a choice, then the tow will become a contract tow. The list will be updated annually when the contract renews. A mechanism will be set in place to remove services that do not, without cause, honor the pricing that has been provided to be on the list. </P> <P>Crowe requested approval to solicit bids for this type of tow contract.</P> <P>McElhaney asked how many times a tow service is typically requested. Crowe responded that the Sheriff's Office averages 250 requests and the City of Lawrence probably averages 1200-1500 requests. Baldwin and Eudora have their own systems.</P> <P>Johnson asked how the Deputy would document the citizen's decision. Crowe stated the individual would sign a form documenting their decision.</P> <P>Kevin Rosh, Transmaster's Tow Service, advised the Commission that Pittsburg, Kansas is in a legal battle with a similar set up. He noted concerns that the company listed on top would be the first company picked. He recommended the continuance of the rotating list. </P> <P>Jeff Jacob, Bullock Tow, stated he had been in the tow business for two (2) years, and noted that Baldwin and Eudora currently use the same non- preference rotation. Jacob pointed out that different considerations need to be taken into account such as clean-up He suggested that the tow companies be involved in the discussions.</P> <P>Johnson stated the he understood this to be a request for direction to proceed, not to finalize, which gives the tow services an opportunity to review. </P> <P>Rosh and Jacob requested copies of the rough draft of the contract.</P> <P>It was the consensus of the Board to direct staff to develop a draft contract as outlined above, send it to the tow companies for input, and return it to the Commission for final approval. No action was taken.</P> <P><STRONG>PUBLIC WORKS &amp; AGREEMENTS 04-05-04<BR></STRONG>The Board discussed the sale of land to the Kansas Turnpike Authority. Keith Browning, Director of Public Works/County Engineer, explained that the Kansas Turnpike Authority (KTA) plans to widen the Kansas Turnpike to six lanes between Topeka and the Lecompton interchange. In order to complete this widening, the KTA needs to acquire 1.23 acres from Douglas County near the existing Route 438/Route 1029 intersection. The property sought by the KTA was acquired by Douglas County from Mr. &amp; Mrs. Winter as part of the right-of- way acquisition for the Route 1029 improvement project. The area in question is south of the proposed Route 438-to-Route 1029 curve and was acquired from the Winters as an uneconomic remnant. It includes a portion of the existing Route 438 pavement just east of the Route 1029 intersection. Following completion of the Route 1029 improvement project, the County will no longer need this property. The proposed sale price of $4,300 matches the cost to Douglas County for acquisition of the property.</P> <P>Pursuant to K.S.A. 19-211, the Board of County Commissioners must find that the property cannot prudently be used for public purposes of the County prior to selling the real estate. In addition, before executing an agreement for selling the property, the Board's intent to sell the property must be published in the official newspaper once each week for two consecutive weeks. Browning presented a document for the Board's signature that declares that the property will no longer be required by the County after completion of the Route 1029 improvements, and directs the County Clerk to publish a Notice of Intent to Dispose of Property in the official County newspaper. The KTA will reimburse the County for the cost of publishing the notice. </P> <P>Jones stated he would like to see the County capture all of the costs associated such as surveying, attorney fees, publication, possibly an additional 25%. Johnson thought that 25% may seem a little steep. Browning stated he did not believe 25% was out of line.</P> <P>Jones then made a motion that the Board has determined that the 1.23 acre parcel be sold to the Kansas Turnpike Authority for $4,300 plus 25% for administrative costs direct the County Clerk to publish a Notice of Intent to Dispose of Property in the official County newspaper once each week for two (2) consecutive weeks. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>PUBLIC WORKS &amp; PARKS -- LONE STAR 04-05-04<BR></STRONG>The Board discussed the encroachment of a residential structure on Lone Star Lake Park property. Keith Browning, Director of Public Works/County Engineer, explained that Mr. Gary O'Doniel, 702 E 661 Road, owns property that abuts the north side of Lone Star Lake Park. He has notified the Public Works Department that a fairly recent survey of his property revealed that his house is situated partially over the property line with Lone Star Lake Park. Mr. O'Doniel is a contractor and constructed his own house. He has indicated that an apparent misreading of surveyed markings during construction resulted in the encroachment.</P> <P>Mr. O'Doniel has proposed a swap of property to correct the situation. The proposal is that Douglas County trade Mr. O'Doniel the 0.342 acre area along the south side of his property for the 0.334 acre area along Route 1. The area proposed to be traded from Douglas County to Mr. O'Doniel has no improvements and it is unlikely any future improvements would be situated in this area. A significant portion of the area proposed to be traded to Douglas County from Mr. O'Doniel contains existing Route 1 right-of-way. There is another 0.240 acre area that could be considered in a property-swap scenario. Another option would be to sell the 0.342 acre area to Mr. O'Doniel. </P> <P>Mr. O'Doniel was present for the discussion.</P> <P>Johnson expressed concerns with setting a precedence if the property was sold. He questioned whether the County would have to go through the publication process if the land was simply swapped. </P> <P>Browning stated that if the property were sold, there would need to be an appraisal and a legal publication. He also noted there might be one additional encroachment situation.</P> <P>It was the consensus of the Board that staff be directed to look into the legal process of selling the property to Mr. O'Doniel. No action was taken.</P> <P><STRONG>PURCHASING &amp; PUBLIC WORKS 04-05-04<BR></STRONG>Jackie Waggoner, Purchasing Agent, appeared before the Board requesting authorization to purchase a used track loader for the Public Works Department. Waggoner explained that Public Works has allocated funds to purchase a track loader to replace their existing 1968 model. The existing model is running on emergency use only and would take thousands of dollars to overhaul. The loader is used about six months out of the year for excavation projects. A new model would cost approximately $200,000 whereas a used model would range between $125,000-$150,000. This range was determined on selecting a model with low hour usage (maximum 1,500) hours. After discussion, Jones made a motion to waive the purchasing policy and authorize staff to search for one (1) used track loader for the Public Works Department and assign final approval of the purchase to Commissioner McElhaney once a loader is located. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 04-05-04</STRONG><BR>Johnson moved approval of accounts payable in the amount of $241,716.24 to be paid 4/5/04; accounts payable manual checks in the amount of $2,134.24; payroll in the amount of $585,374.00; and electronic funds transfers in the amounts of $43,259.06 for FICA and $35,019.05 for KPERS to be paid 4/2/04. Motion was seconded by McElhaney and carried unanimously.</P> <P>Johnson made a motion to adjourn; Jones seconded and the motion carried unanimously.</P> <P></P> <P>_____________________________ _____________________________<BR>Charles Jones, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk Jere McElhaney, Member</P> <P></P>

<P>Jones called the meeting to order at 6:37 P.M. on Wednesday, April 7, 2004 with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT 04-07-04<BR></STRONG>There were no consent items.</P> <P><STRONG>MISCELLANEOUS 04-07-04</STRONG><BR>Rebecca Phipps and Dick Martin conducted a presentation on behalf of Watkins Museum regarding fundraising efforts. No action was taken.</P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>______________________________&nbsp;________________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;Bob Johnson, Member</P> <P>ATTEST:</P> <P>______________________________&nbsp;________________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;Jere McElhaney, Member</P>

<P>The Board of County Commissioners of Douglas County met in special session with all members present. </P> <P>The purpose of the special meeting was to canvass the results of the Lecompton General Election which was held on Tuesday, April 6, 2004. </P> <P>There were five (5) provisional ballots. Patty Jaimes, County Clerk, recommended that four (4) of which be counted. These were voters that either moved and failed to re-register or had a name change. Jaimes then recommended that the remaining one (1) not be counted. This was a new registrant. It should be noted that these recommendations are consistent with past actions. </P> <P>Jaimes also advised the Board there was a tie between Ed Smith and Leah Ann Nichols for the 3rd place seat on the Lecompton City Council.</P> <P>Jones made a motion that Ms. Jaimes' recommendations be approved; Motion was seconded by Johnson and carried unanimously.</P> <P>It should be noted that after the additional ballots were counted, Ed Smith was declared the winner of the 3rd place seat. No errors were found.</P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;Jere McElhaney, Member<BR></P>

<P>Jones called the meeting to order at 8:33 A.M. on Monday, April 12, 2004 with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>PROCLAMATION 04-12-04</STRONG><BR>Jones read a Proclamation proclaiming the week of April 18, 2004 as "Crime Victims' Rights Week." Christine Kenney, District Attorney, was present for the discussion. Jones made a motion to adopt the Proclamation as read; Johnson seconded and the motion carried unanimously.</P> <P><STRONG>CONSENT AGENDA 04-12-04</STRONG><BR>McElhaney moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Contract for Highway Purposes for the replacement of Drainage Structure No. 2.26N-0.00E on Douglas/Osage County line, 0.75 miles south of U.S. 56 Highway.</LI></UL> <P>Motion was seconded by Johnson seconded and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 04-12-04<BR></STRONG>Dean Palos, Director of Planning for Johnson County, conducted a presentation with regard to K-10 Corridor Association activities. Rich Caplan, Executive Director of the K-10 Association, was also present. No action was taken.</P> <P><STRONG>PLANNING 04-12-04</STRONG><BR>The Board discussed possible revisions to the County Zoning Regulations creating industrial zoning categories. Keith Dabney, Director of Zoning and Codes, Linda Finger and Sheila Stogsdill, staff members of the Lawrence-Douglas County Metropolitan Planning Department, were present for the discussion. No action was taken.</P> <P><STRONG>ACCOUNTS PAYABLE 04-12-04<BR></STRONG>Johnson moved approval of accounts payable in the amount of $348,326.01 to be paid 04/12/04; Jones seconded and the motion carried unanimously.</P> <P>&#160;Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;Jere McElhaney, Member<BR></P>

<P>Jones called the meeting to order at 7:09 P.M. on Wednesday, April 14, 2004 with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 04-14-04<BR></STRONG>There were no consent items.</P> <P><STRONG>MISCELLANEOUS 04-14-04<BR></STRONG>Kelly Greunke, Intern, presented information regarding disposal of the house on county-owned property located at 1120 Rhode Island. Greunke noted that since the house is contained within the environs of two (2) historic buildings -- the Douglas County Courthouse, and the Old English Lutheran Church -- the Historic Resources Commission Review Application must be submitted to the Planning office. </P> <P>The Board received comments from marci francisco and Melinda Henderson regarding concerns of the County turning the vacant property into a parking lot. Ed Tato, President of the East Lawrence Neighborhood Association, stated that there needs to be a plan if the house is to be moved. Tato further stated that from the neighborhood's perspective, the lots are not appropriate for anything other than residential. He noted that Tenants to Homeowners would like to lease the property and have offered to build a facility that would accommodate the storage of documents, but their offer has not been acknowledged.</P> <P>Johnson stated that he was unaware of the storage space offer and noted that there had not been any serious discussion by this Commission to commit resources to build a parking lot.</P> <P>Jones noted concern regarding the compliance issue -- he believed it was hypocritical to force compliance with the County's regulations, but the County is in violation with the house. Jones stated he thought the lots ought to be sold and the money committed to the fairgrounds or some other project.</P> <P>McElhaney stated that the parking lot issue has been brought up because the taxpayers, jurors, and many others have repeatedly complained about the parking situation around the Courthouse and that he believed the County is doing a disservice to our neighbors by allowing parking on the streets. McElhaney further stated he believed the house should be removed as it is creating a liability for the County.</P> <P>Johnson stated that the County should be good neighbors, but he was not willing to sign off the ownership of the lots. The County's needs in five (5) or ten (10) years is unknown and he did not believe the lots would solve the parking problems. Johnson suggested that the County go through the process of getting the house and garage torn down and plan to preserve green space to be maintained as County grounds until such time the neighborhood and County agree to its future use. It would be cleaner and more pleasant looking.</P> <P>Jones stated he did not feel that outcome was very likely. He questioned what would happen if the Historic Resources Commission rejected the plan -- what would be the next step1/2</P> <P>Johnson replied that the County ought to try and then fall back on another option not yet identified.</P> <P>Jones asked if it was the consensus of the Board to submit the application to the Historic Resources Commission.</P> <P>Johnson stated that he believed there needs to be some sort of plan such as green space maintained to standards of the County's other property. </P> <P>Tato stated that he would not support demolition and was not in favor of open space. The County owns the house, the County let it deteriorate, and the County should fix it. </P> <P>Jones stated that the Commission wasn't any closer to a resolution and the item should be tabled.</P> <P>Johnson stated the Board would continue to abide by the gentlemen's agreement that the County is not going to move in any direction without communication with the East Lawrence Neighborhood Association. No action was taken.</P> <P><STRONG>PUBLIC WORKS 04-14-04</STRONG><BR>The Board discussed the Five-Year Plan Project List for Federally Assisted Projects. Keith Browning, Director of Public Works/County Engineer, was present for the discussion. Pam Maley and Richard Heckler, representatives of the Traffic Safety Advisory Committee, were also present. Browning noted that the Kansas Department of Transportation (KDOT) annually requests that counties update the projects included in the county portion of the Statewide Transportation Improvement Program (STIP) These are projects for which the county wishes to use federal funding assistance (typically 80% federal, 20% local) in an amount not to exceed the obligation authority for each county. The projects currently on Douglas County's list are as follows:</P> <P>&nbsp;(1)&nbsp;Route 1029 from Route 438 to Lecompton -- Safety improvements including extensive reconstruction to improve sight distance, 8' paved shoulders, flattening frontslopes and backslopes, and replacing and extending culverts. Includes reconfiguration of Route 1029/Route 438 intersection to a curved alignment.<BR>&nbsp;(2)&nbsp;Replacement of Bridge No. 09.24-16.00 on Route 1055 approximately 3/4 mile south of Route 458. Includes improving approach roadway alignment.</P> <P>Browning explained that Project (1) is under construction. Hamm completed construction of two reinforced concrete box culverts in fall 2003 and resumed construction activities on March 22, 2004. Grading work is currently underway in the northern portion of the project from the Heetco facility to N 2050 Road at Lecompton. It is anticipated the project will be completed late this summer. Public Works staff is providing construction inspection services for the project.</P> <P>Project (2) is under design by Finney &amp; Turnipseed. In addition to the bridge replacement and improving alignment of the roadway curve through the bridge, the possibility of improving the second curve south of the bridge using STP- Safety funding is being explored. This project is currently scheduled for a January 2006 bid letting. </P> <P>Browning also recommended that the following projects be added to the 5-year plan:</P> <P>&nbsp;(1)&nbsp;Replacement of Bridge No. 14.00-23.66 on Route 442 0.3 miles west of the Johnson County line;<BR>&nbsp;(2)&nbsp;Replacement of Bridge No. 06.97-01.00 on Route 1023 just south of Route 460; and<BR>&nbsp;(3)&nbsp;Redecking of Bridge No. 13.00-19.00 on Route 1057 over the Wakarusa River (0.5 miles south of K-10).</P> <P>Jones asked for public comment. No comments were received. Jones made a motion to approve the Five-Year Plan Project Listing for Federally Assisted Projects as recommended; motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>PLANNING 04-14-04</STRONG><BR>The Board discussed TA-02-01-04: text amendment to the County Zoning Regulations regarding communication towers less than 100' in height. Sandra Day, staff member of the Lawrence-Douglas County Metropolitan Planning Department, and Keith Dabney, Director of Zoning and Codes, were present for the discussion. Day explained that the County Zoning Regulations were amended in 1995 to implement standards relating to the construction of communication towers. The regulations specifically address radio, television, telecommunication and microwave towers as Conditional Uses in Section 19-4 of the County Zoning Regulations. The regulations are applicable specifically to all towers of 100' or more in height, and all towers exceeding 40' if building mounted, subject to the approval of a Conditional Use Permit (CUP). The current regulations do not address the approval process for towers less than 100'. </P> <P>The County Zoning office has received multiple requests for 99' towers in the unincorporated areas of Douglas County and has found the existing regulations deficient, lacking a clear review process or public notice procedure for towers under 100' in height. The proposed Text Amendment was developed to correct the identified deficiency and to establish a reasonable review process with a public notice procedure for tower structures less than 100' in height. The pro posed amendment would change the height requirement to 60'. </P> <P>Jones stated he wanted to make absolutely sure 60' was the appropriate height instead of 40' or 50'. He also stated that he would like some sort of documentation that applicants had attempted to co-locate. Jones asked if staff knew whether people actively attempted to co-locate. Day responded that they did. </P> <P>The Board made various changes to the proposed amendments to be approved at a later date. No action was taken.</P> <P><STRONG>PLANNING 04-14-04</STRONG><BR>The Board discussed TA-12-05-03: Text Amendments to Article 28 of the Douglas County Zoning regulations regarding Floodplain Management Regulations. Bryan Dyer, staff member of the Lawrence-Douglas County Metropolitan Planning Department, was present for the discussion. Dyer explained that the Planning Commission's Special Project Committee drafted floodplain regulations and forwarded them to the Planning Commission. The Planning Commission unanimously approved the regulations. The floodplain regulations are in overall terms which require adoption by the community (County Commission) in order for residents to participate in floodplain insurance programs. Dyer further explained that essentially the floodplain regulations break down the unincorporated area of Douglas County in two (2) parts -- within the Urban Growth Area (UGA) for the City of Lawrence, and outside the UGA. There are no real changes to the regulations outside the UGA other than some clarification language. Areas within the UGA will require an approved hydrologic and hydraulic (H&amp;H) study from a licensed engineer demonstrating there will be no rise in the base flood elevation and no increase in flood velocities at any point resulting from the proposed development. Dyer stated that there is some concern in regards to the fact that the City has adopted more stringent flood plain regulations and how that fits in with the UGA when property gets annexed into the City of Lawrence. It would be a benefit to the public and to private individuals if they were not annexed in as a non-complying manner. If they did just what the current requirements are, which are to simply elevate the structure, that structure would not comply with the City's floodplain regulations when they were annexed. </P> <P>Jones asked what happens when a non-compliant structure is annexed in.</P> <P>Dyer's response was that there are issues in regards to whether structures can be rebuilt if they are destroyed, and if the structure is rebuilt, what standards they need to follow. There are also occasions when non-compliant structures will raise red flags on the basic level of trying to get title insurance. </P> <P>Jones stated that his understanding was that the annexation would still occur, however, if the structure were changed or was damaged, the owner might be forced to spend a lot of money in order to come into compliance. </P> <P>Dyer stated that was true. Dyer noted that the regulations state that if you are going to develop your property inside the UGA, you will need plat the property and provide the signed H&amp;H study stating that whatever development you wish to do within the floodplain area will not increase the base flood elevation or the flood velocity.</P> <P>Jones then questioned whether the H&amp;H study was expensive. Dyer's response was that he believe it was. </P> <P>Johnson asked whether the results of the study were subject to debate at the Commission level as to whether or not the applicant can or cannot build. </P> <P>Dyer responded that as a part of the platting process, a statement indicating whether or not the development is such that it d&#160;s not increase the base elevation of a flood velocity will be signed and sealed by a licensed engineer and reviewed by the Douglas County Public Works Director. </P> <P>McElhaney questioned whether the H&amp;H study is based upon the FEMA regula tions. Dyer stated it was. McElhaney then noted that if the Board were to add additional restrictions above and beyond the FEMA regulations, the engineer would specifically put forth his recommendation based upon the FEMA regula tions. Anything above and beyond the FEMA standards would be at the scrutiny of the Board.</P> <P>Dyer explained that FEMA has guidelines of how the study is to be performed. They have a large book that shows how to do the cross sections, calculations, etc. The H&amp;H study will be conducted by those standards, based upon the same guidelines and standards that FEMA uses. To participate in the flood insurance program, the participating community must adopt the basic standards (which Douglas County has done) and the community cannot go below those standards. However, the community can require regulations that are above and beyond the basic FEMA regulations. </P> <P>John Selk, licensed engineer, stated that the H&amp;H study will be based upon whatever the policy or the guideline requires. The way the regulations are written, the engineer would have to submit what would be approved by the local authorities, in this case, the County Public Works Engineer. </P> <P>McElhaney questioned whether it was open to interpretation. Selk replied that it is a very well-defined protocol.</P> <P>Jones then asked whether the city tacked any elevation on to the FEMA standards. Selk replied that the City requires an additional 2' freeboard. Jones questioned whether the County was going to add this additional 2' requirement within the UGA. Dyer replied that the requirement was not in these regulations because the County d&#160;s not have the topographic information that the City d&#160;s.</P> <P>Jones noted that the problem is a step is being created that is between the unincorporated area and the City, but since the County is not adding the additional 2' freeboard, the County could be creating a non-compliance situation when they're annexed into the City. </P> <P>Johnson stated that he was under the impression that if these regulations were adopted, the City standards would apply to any new development within the UGA. Dyer stated that if the development is within the floodplain, they would apply. However, there is an area that is outside the mapped floodplain of the County that has the potential of being annexed into the City of Lawrence as non-compliant. This is because the County d&#160;s not have the topographic information in the UGA in order to establish the 2' freeboard. Dyer explained that when the aerials were flown, the County chose not to participate in the additional expense of obtaining the contour maps to establish those boundaries.</P> <P>Jones then asked if there was some way to approximate the 2' freeboard. Craig Weinaug, County Administrator, stated that the first step to accomplish that would be to get a cost estimate to obtain the contour maps so the boundaries can be established. </P> <P>Jones requested that County staff work with staff from LandPlan and others to discuss whether there is any possibility to accomplish this short of spending several hundred thousand dollars to see if there is any modeling to get us reasonably close so the H&amp;H study could then make up the difference. Jones then stated he would like to have the option of adopting regulations that are fully compliant with the City. Jones further requested staff to provide a copy of an H&amp;H study for his review and to provide some sort of idea of the amount of acreage in the floodplain. No action was taken.</P> <P>Jones made a motion for adjournment; seconded by Johnson and carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;Jere McElhaney, Member<BR></P>

<P>Jones called the meeting to order at 8:34 A.M. on Monday, April 19, 2004 with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT 04-19-04</STRONG><BR>There were no consent items.</P> <P><STRONG>MISCELLANEOUS 04-19-04</STRONG><BR>The Board discussed the possibility of adopting a resolution placing limitations on keeping dogs on property that is unoccupied. Jones stated he had received numerous complaints regarding barking dogs in the County. He contacted the owner of the dogs and received a less than responsive attitude. Jones questioned whether there was a serious enough problem to pursue such a resolution. Midge Grinstead, Director of the Lawrence Humane Society, was present for the discussion. Grinstead stated she receives numerous calls monthly regarding cruelty and neglect. </P> <P>McElhaney questioned how the County would handle property that isn't occupied, such as keeping barn cats to help control mice. He noted problems on his own property where stray dogs were dumped and he started feeding them and then couldn't get rid of them. </P> <P>Jones noted the County currently has a resolution in place that addresses cruelty and neglect -- maybe a nuisance provision could be added. </P> <P>Grinstead stated that Shawnee County has animal control for the entire County and may have such a resolution in place.</P> <P>It was the consensus of the Board that Grinstead be directed to work with Evan Ice, County Counselor, to draft a resolution addressing a nuisance provision. No action was taken.</P> <P><STRONG>AMBULANCE 04-19-04</STRONG><BR>The Board considered approval of a letter of commitment for Fire/Medical Station #5. Pam Madl, Director of Administrative Services, stated she and McElhaney attended a presentation made to the City Commission regarding Fire Station #5 which will be located at 19th Street &amp; Stewart Avenue. Madl explained that per the Cooperation Agreement with the City, the County's share of most of these expenses is 25.64%. Two options were presented -- Option 1 included the fire station and administrative offices and Option 2 was for construction of the fire station only. Madl recommended approval of Option 1 of which the County would be responsible for approximately $1,260,616. Madl noted the latest Capital Improvements Program shows $900,000 reserved for this project. It should also be noted that the Endowment Association donated the land for the station. Jim McSwain, Chief, and Mark Bradford, Deputy Chief of the Lawrence-Douglas County Fire &amp; Medical Department, were also present for the discussion. Bradford stated that the construction was a different -- something the Endowment Association wanted. </P> <P>McElhaney noted he would like to see the County become more actively involved in the negotiations/purchasing and administrative decisions of the department. He requested further information regarding buildings that will be vacated once the station is complete.</P> <P>Jones suggested the Commission support the new station with the omission of the City's 2% arts requirement. However, Jones indicated he would be interested in talking to the City about the arts requirement. Bradford noted the art requirement is 2% of the construction cost and d&#160;s not include equipment.</P> <P>Johnson made a motion to endorse a commitment to the City of Lawrence for Option 1, for construction, including contingency, testing/inspections, furnishings, fixtures and equipment, indicating the County will not share financial responsibility for the cost of a new Quint or the City's 2% arts requirement. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>AMBULANCE &amp; RESOLUTIONS 04-19-04</STRONG><BR>The Board considered approval of a joint Resolution/Ordinance of the Board of County Commissioners of Douglas County, Kansas and the City Commission of the City of Lawrence, Kansas, concerning charges for ambulance services. Mark Bradford, Deputy Chief of the Lawrence-Douglas County Fire &amp; Medical Depart ment, explained that the proposed resolution was drafted by the City and County attorneys (Dave Corliss and Evan Ice). After discussion, Jones made a motion to approve Resolution No. 04-18, a Joint Resolution/Ordinance of the Board of County Commissioners of Douglas County, Kansas and the City Commission of the City of Lawrence, Kansas, Concerning Charges for Ambulance Services. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>EMERGENCY MANAGEMENT 04-19-04</STRONG><BR>Paula Phillips, Director of Douglas County Emergency Management, appeared before the Board requesting approval to utilize FFY 2003 Homeland Security Grant Funds to replace the existing local command center. Phillips explained that the State of Kansas will receive $7,401,000 in FFY2003 Homeland Security funds. Additionally, $19,603,000 in FY2003 Homeland Security Supplemental Grant funds has been granted to the State. Douglas County has been allocated $84,473.05 of Part I Funds and a supplemental allocation of $241,475.25. Representatives from all of the County first responder agencies have met several times to discuss how the funds would best be used based on results of a recent assessment update. </P> <P>Each functional group (i.e., law enforcement group, fire group, etc.) Developed a prioritized list of equipment needs. This information, and the grant process has been shared with the elected and administrative bodies of the cities in Douglas County. The number one priority of each functional group, and agreed to by the city elected bodies, is to purchase a new mobile command center to replace the existing 1983 school bus which serves a command center. The bus has served all agencies well, but a school bus was never meant to handle the functions of an effective, efficient command center. Additionally, in its current condition, the vehicle is in need of major repairs that will cost more than its current value. The first responder agencies feel that a new mobile command center will serve all of the agencies and meet the most needs within the stated parameters of the grant. June 30, 2004 is the deadline to design and place an order for this purchase. The State's vendor (for all Homeland Security equipment purchases) has contracted with Brown Cargo Company, Lawrence, KS, to build any mobile command centers purchased with grant funds.</P> <P>Phillips also explained that a cost estimate of the vehicle had not been obtained - - the design, floor space, electrical requirements, equipment, etc., will determine the costs. Funds not used for the command vehicle will be used on the following prioritized functional group list:</P> <P> <TABLE cellSpacing=0 cellPadding=8 width=576 border=0> <TBODY> <TR> <TD width="50%" colSpan=2 height=26><FONT face=Arial size=2> <P align=center><STRONG>Law Enforcement Prioritized Requests</STRONG></FONT></P></TD> <TD width="50%" colSpan=2 height=26><FONT face=Arial size=2> <P align=center><STRONG>Fire/EMS Prioritized Requests</STRONG></FONT></P></TD></TR> <TR> <TD width="4%" height=26><FONT face=Arial size=2> <P>1</FONT></P></TD> <TD width="46%" height=26><FONT face=Arial size=2> <P>Command Bus</FONT></P></TD> <TD width="6%" height=26><FONT face=Arial size=2> <P>1</FONT></P></TD> <TD width="44%" height=26><FONT face=Arial size=2> <P>Command Bus</FONT></P></TD></TR> <TR> <TD width="4%" height=26><FONT face=Arial size=2> <P>2</FONT></P></TD> <TD width="46%" height=26><FONT face=Arial size=2> <P>X-Ray/metal detector for JLE ($50,000)</FONT></P></TD> <TD width="6%" height=26><FONT face=Arial size=2> <P>2</FONT></P></TD> <TD width="44%" height=26><FONT face=Arial size=2> <P>CBRNE personal protective gear </P> <P>($134,310)</FONT></P></TD></TR> <TR> <TD width="4%" height=26><FONT face=Arial size=2> <P>3</FONT></P></TD> <TD width="46%" height=26><FONT face=Arial size=2> <P>CBRNE personal protective equipment for law enforcement evidence collection ($25,000)</FONT></P></TD> <TD width="6%" height=26><FONT face=Arial size=2> <P>3</FONT></P></TD> <TD width="44%" height=26><FONT face=Arial size=2> <P>IR Detection to identify unknown liquids and solids ($65,000)</FONT></P></TD></TR> <TR> <TD width="4%" height=26><FONT face=Arial size=2> <P>4</FONT></P></TD> <TD width="46%" height=26><FONT face=Arial size=2> <P>Small trailer to house personal protective equipment ($10,000)</FONT></P></TD> <TD width="6%" height=26><FONT face=Arial size=2> <P>4</FONT></P></TD> <TD width="44%" height=26><FONT face=Arial size=2> <P>In-suit communications equipment ($10,000)</FONT></P></TD></TR> <TR> <TD width="4%" height=26><FONT face=Arial size=2> <P>5</FONT></P></TD> <TD width="46%" height=26><FONT face=Arial size=2> <P>Upgrade building security for Baldwin PD ($10,000)</FONT></P></TD> <TD width="6%" height=26><FONT face=Arial size=2> <P>5</FONT></P></TD> <TD width="44%" height=26><FONT face=Arial size=2> <P>Scene lighting equipment ($20,000)</FONT></P></TD></TR> <TR> <TD width="4%" height=26><FONT face=Arial size=2> <P>6</FONT></P></TD> <TD width="46%" height=26><FONT face=Arial size=2> <P>Portable repeater(s) ($15,000)</FONT></P></TD> <TD width="6%" height=26><FONT face=Arial size=2> <P>6</FONT></P></TD> <TD width="44%" height=26><FONT face=Arial size=2> <P>Detection equipment for chemical weapons &amp; radiological weapons ($8,000)</FONT></P></TD></TR> <TR> <TD width="4%" height=26><FONT face=Arial size=2> <P>7</FONT></P></TD> <TD width="46%" height=26><FONT face=Arial size=2> <P>Upgrade radio capabilities in Baldwin area ($40,000)</FONT></P></TD> <TD width="6%" height=26><FONT face=Arial size=2> <P>7</FONT></P></TD> <TD width="44%" height=26><FONT face=Arial size=2> <P>Detection to identify unknown gases ($25,000)</FONT></P></TD></TR> <TR> <TD width="4%" height=26><FONT face=Arial size=2> <P>8</FONT></P></TD> <TD width="46%" height=26><FONT face=Arial size=2> <P>Escape gear ($50,000)</FONT></P></TD> <TD width="6%" height=26><FONT face=Arial size=2> <P>9</FONT></P></TD> <TD width="44%" height=26><FONT face=Arial size=2> <P>SCBA face pieces ($5,000)</FONT></P></TD></TR> <TR> <TD width="4%" height=26><FONT face=Arial size=2> <P>9</FONT></P></TD> <TD width="46%" height=26><FONT face=Arial size=2> <P>Bomb detection &amp; response equipment ($75,000)</FONT></P></TD> <TD width="6%" height=26><FONT face=Arial size=2> <P>9</FONT></P></TD> <TD width="44%" height=26><FONT face=Arial size=2> <P>SCBA adapters ($15,000)</FONT></P></TD></TR> <TR> <TD width="4%" height=26> <P></P></TD> <TD width="46%" height=26> <P></P></TD> <TD width="6%" height=26><FONT face=Arial size=2> <P>10</FONT></P></TD> <TD width="44%" height=26><FONT face=Arial size=2> <P>APR cartridges ($1,200)</FONT></P></TD></TR> <TR> <TD width="4%" height=26> <P></P></TD> <TD width="46%" height=26> <P></P></TD> <TD width="6%" height=26><FONT face=Arial size=2> <P>11</FONT></P></TD> <TD width="44%" height=26><FONT face=Arial size=2> <P>Level B suits ($8,700)</FONT></P></TD></TR> <TR> <TD width="4%" height=26> <P></P></TD> <TD width="46%" height=26> <P></P></TD> <TD width="6%" height=26><FONT face=Arial size=2> <P>12</FONT></P></TD> <TD width="44%" height=26><FONT face=Arial size=2> <P>Portable generator ($4,000)</FONT></P></TD></TR> <TR> <TD width="4%" height=26> <P></P></TD> <TD width="46%" height=26> <P></P></TD> <TD width="6%" height=26><FONT face=Arial size=2> <P>13</FONT></P></TD> <TD width="44%" height=26><FONT face=Arial size=2> <P>Decon patient transfer liter ($2,000)</FONT></P></TD></TR> <TR> <TD width="4%" height=26> <P></P></TD> <TD width="46%" height=26> <P></P></TD> <TD width="6%" height=26><FONT face=Arial size=2> <P>14</FONT></P></TD> <TD width="44%" height=26><FONT face=Arial size=2> <P>Lighting for Decon tent ($550)</FONT></P></TD></TR> <TR> <TD width="4%" height=26> <P></P></TD> <TD width="46%" height=26> <P></P></TD> <TD width="6%" height=26><FONT face=Arial size=2> <P>15</FONT></P></TD> <TD width="44%" height=26><FONT face=Arial size=2> <P>ATV transportation vehicle ($10,000)</FONT></P></TD></TR> <TR> <TD width="4%" height=26> <P></P></TD> <TD width="46%" height=26> <P></P></TD> <TD width="6%" height=26> <P></P></TD> <TD width="44%" height=26> <P></P></TD></TR> <TR> <TD width="50%" colSpan=2 height=26><FONT face=Arial size=2> <P align=center><STRONG>Emergency Communications Requests</STRONG></FONT></P></TD> <TD width="50%" colSpan=2 height=26><FONT face=Arial size=2> <P align=center><STRONG>Emergency Management Requests</STRONG></FONT></P></TD></TR> <TR> <TD width="4%" height=26><FONT face=Arial size=2> <P>1</FONT></P></TD> <TD width="46%" height=26><FONT face=Arial size=2> <P>Mobile Command Center</FONT></P></TD> <TD width="6%" height=26><FONT face=Arial size=2> <P>1</FONT></P></TD> <TD width="44%" height=26><FONT face=Arial size=2> <P>Mobile Command Center</FONT></P></TD></TR> <TR> <TD width="4%" height=26><FONT face=Arial size=2> <P>2</FONT></P></TD> <TD width="46%" height=26><FONT face=Arial size=2> <P>Interoperability System ($25,000)</FONT></P></TD> <TD width="6%" height=26><FONT face=Arial size=2> <P>2</FONT></P></TD> <TD width="44%" height=26><FONT face=Arial size=2> <P>Upgrade radiological detection and monitoring equipment ($5,000)</FONT></P></TD></TR> <TR> <TD width="4%" height=26> <P></P></TD> <TD width="46%" height=26> <P></P></TD> <TD width="6%" height=26><FONT face=Arial size=2> <P>3</FONT></P></TD> <TD width="44%" height=26><FONT face=Arial size=2> <P>Virtual EOC capability ($50,000)</FONT></P></TD></TR></TBODY></TABLE><FONT face=Arial></P> <P align=center></P></FONT> <P>McElhaney noted the Board received the list just before the meeting. McElhaney<BR>questioned how many times the command vehicle was used each year. Phillips<BR>responded that it was used approximately 25 times per year.</P> <P>Jones requested that Phillips come back with a specific bid. He stated he was<BR>not comfortable approving something that wasn't on paper. Phillips stated there<BR>wasn't enough time and if the money wasn't used, it would return to the State.</P> <P>Craig Weinaug, County Administrator, suggested the Board ask the committee to<BR>come back with a specific recommendation and dollar limit. </P> <P>The Board directed Phillips to provide a proposal with more specifics to be<BR>considered at their meeting on Monday, April 26, 2004. No action was taken.</P> <P><STRONG>OUT-DISTRICT COLLEGE TUITION STATEMENTS 04-19-04</STRONG><BR>Jones made a motion to approve the twenty (20) Out-District College Tuition<BR>statements im the amount of $155,125.20. Motion was seconded by Johnson<BR>and carried with McElhaney opposed.</P> <P><STRONG>ACCOUNTS PAYABLE 04-19-04</STRONG><BR>Jones moved approval of accounts payable in the amount of $294,324.00 to be<BR>paid 04/19/04; and accounts payable manual checks in the amount of $2,134.24.<BR>Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>EMERGENCY COMMUNICATIONS 04-19-04<BR></STRONG>Jim Denney, Director of Emergency Communications, conducted a brief presen<BR>tation regarding the legislation recently approved by the governor regarding the<BR>911 tax on cell phones. No action was taken.</P> <P><STRONG>MISCELLANEOUS 04-19-04</STRONG><BR>At 10:05 A.M., Jones made a motion that the Board recess to go into executive<BR>session until 10:35 A.M. with Evan Ice, County Counselor, Keith Dabney,<BR>Director of Zoning &amp; Codes, Craig Weinaug, County Administrator, to discuss<BR>potential litigation. Motion was seconded by Johnson and carried unanimously.<BR>The Board returned to regular session at 10:33 A.M. No action was taken.</P> <P>Jones moved for adjournment; McElhaney seconded and the motion carried<BR>unanimously.</P> <P></P> <P>______________________________ ________________________________<BR>Charles Jones, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>______________________________&nbsp;&nbsp;&nbsp;&nbsp; ________________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P>

<P>Jones called the meeting to order at 8:35 A.M. on Monday, April 26, 2004 with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 04-26-04<BR></STRONG>Johnson moved approval of the following Consent Agenda:</P> <UL> <LI>Approved Commissioners Order Nos. 5235 and 5236. Orders are on file in the office of the County Clerk; and</LI> <LI>Confirm the purchase of one (1) used 2003 track loader in the amount of $150,000 (less $5,000 trade-in) from Martin Tractor.</LI></UL> <P>Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>EMERGENCY MANAGEMENT 04-26-04<BR></STRONG>On April 19, 2004, the Board discussed a request to utilize FFY 2003 Homeland Security Grant Funds to replace the existing local mobile command center. The Board tabled approval requesting additional information. Paula Phillips, Director of Emergency Management, explained the current command vehicle is a 1983 converted school bus which had 83,000 miles when it was purchased in 1996. Among other problems, the floor is rusting and the plumbing needs to be replaced. Phillips explained that a committee prioritized a list of needs and the command vehicle was number one (1) on the list. If there are monies left over, the committee will take a look at what's left and prioritize from there. Phillips requested authorization to purchase one (1) Command Center from Brown Cargo Band in the amount of $240,000, utilizing the Homeland Security Grant Funds.</P> <P>McElhaney asked Phillips to explain the various types of events the command center was used for. Phillips explained it was used for events such as apartment complex fires; downtown fires; crime scenes; the Douglas County Fair; The Maple Leaf Festival; bicycle and road races; triathlon events; and Wells Overlook for Amateur Radio Field Day. McElhaney then asked to see a copy of the log book. He stated that it seems to be more of a pleasure bus than an incident response vehicle.</P> <P>Phillips explained that it used as a communications vehicle at road races in case participants are injured or a triage point where they can be met — more typically used as a coordination center.</P> <P>Jones questioned why the organizers weren't responsible for providing communications. Phillips responded that the requests come through the Amateur Radio as part of their public service. Jones asked whether the County was reimbursed for the cost of personnel and use of the bus. Phillips stated they used volunteers and did not reimburse the cost of fuel. </P> <P>McElhaney asked whether any counties were going in together to purchase a unit or units. Phillips explained that was difficult to do as each vehicle has specific purposes. Coordination with other jurisdictions was not explored since the money cannot be utilized for that purpose. Also, if the vehicle is in another county, it adds to response time.</P> <P>Mark Bradford, Deputy Chief of the Lawrence-Douglas County Fire &amp; Medical Department, stated that in the case where a tornado would hit multiple counties, it would be difficult to determine who has the rights to the vehicle.</P> <P>Phillips explained that if the grant money is not used, it will go back to the State and will be reallocated to other counties. </P> <P>Jones asked how many vendors make this type of vehicle. Bradford responded that there were many authorized throughout the country. However, only a few were authorized for this grant.</P> <P>Phillips added that the State of Kansas has approved vendors and there would not be a need to waive the County's bid requirement of the Purchasing Policy. </P> <P>McElhaney requested that this item be tabled until Monday, May 3 in order to give the Commission an opportunity to review the documents provided just before the meeting. No action was taken.</P> <P><STRONG>COMMUNITY CORRECTIONS 04-26-04</STRONG><BR>Ron Stegall, Director of Community Corrections, presented the FY 2005 Community Corrections Comprehensive Plan. Jones made a motion to approve the Community Corrections Act Application for FY 2005 Grant Funds — July 1, 2004 to June 30, 2005. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>PLANNING 04-26-04<BR></STRONG>Brad Hauschild, staff member of the Lawrence-Douglas County Metropolitan Planning Department, discuss proposed amendments to the Subdivision Regulations to include Water/Wastewater review requirements and park service area standards. Linda Finger, Director of the Lawrence-Douglas County Metropolitan Planning Department, was also present. After discussion, Johnson made a motion to approve Resolution No. 04-19, a Joint Ordinance/Resolution of the City of Lawrence, Kansas and the Board of County Commissioners of Douglas County, Kansas, amending the Joint Subdivision Regulations, Chapter 21 of the "Code of the City of Lawrence, Kansas, 2001," and Amendments Thereto, Specifically Amending Water/Wastewater Requirements and Park Service Area Standards. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 04-26-04</STRONG><BR>Johnson moved approval of accounts payable in the amount of $289,032.62 to be paid 04/26/04; payroll in the amount of $585,281.72; and electronic funds transfers in the amounts of $43,229.59 for FICA and $34,728.54 for KPERS to be paid 04/16/04. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>APPOINTMENTS &amp; COMMUNITY CORRECTIONS 04-26-04</STRONG><BR>Johnson made a motion to reappoint David Johnson, Executive Director of the Bert Nash Center, to the Community Corrections Advisory Board for a two-year term which shall expire on May 31, 2006. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>APPOINTMENTS &amp; COMMUNITY CORRECTIONS 04-26-04</STRONG><BR>Johnson made a motion to reappoint Judy Culley, Director of The Shelter, Inc., to the Community Corrections Advisory Board for a two-year term which shall expire on April 30, 2006. Motion was seconded by McElhaney and carried unanimously.</P> <P>Jones made a motion for adjournment; Johnson seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>______________________________&nbsp;________________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;Bob Johnson, Member</P> <P>ATTEST:</P> <P>______________________________&nbsp;________________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;Jere McElhaney, Member</P>

<P>Jones called the meeting to order at 6:46 P.M. on Wednesday, April 28, 2004 with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 04-28-04<BR></STRONG>Johnson moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5237. Order is on file in the office of the County Clerk; and</LI> <LI>Note receipt of fee reports for the month of March 2004.</LI></UL> <P>Jones seconded and the motion carried unanimously.</P> <P><STRONG>MISCELLANEOUS 04-28-04</STRONG><BR>Jim Roberts, Chair of the ECO2 Committee, presented a progress report of the committee. Roberts also introduced the committee members and requested short-term funding in the amount of $6,000 as part of a $16,800 budget for next year's operations of the ECO2 Committee. This funding would assist with the administrative assistance needed to see the ECO2 plan to completion and to develop a long-term funding source for a full-scale implementation of the ECO2 vision. </P> <P>Johnson stated he was impressed with the work product.</P> <P>McElhaney noted his appreciation of the good efforts and organization. McElhaney then noted concern about generating fear of starting a taxation process.</P> <P>Jones stated he appreciated his feelings but sees this as the next generation of Douglas County Development Inc. Jones then thanked the committee members and stated he believe the request for the $6000 should come from the Economic Development Board. No action was taken.</P> <P><STRONG>RURAL WATER 04-28-04</STRONG><BR>The Board noted receipt of a Petition for Approval of Attachment of Lands to Rural Water District No. 4, Douglas County, Kansas, from Jill L. and Daniel S. Dickerson. The Dickersons were present for the discussion. Jill Dickerson explained that they moved to Eudora in 2002. When they began building their home, they asked that their property be attached to Rural Water District No. 4 (RWD #4). They are currently hauling water and are concerned about long-term health consequences. Dickerson also explained that residents surrounding their property are receiving water from RWD #4 and the water line stops twenty feet (20') from their east property line and one hundred fifty feet (150') from the house. RWD #4 has had an easement on this property since 1974. The Dickinsons assumed that since there was an easement on their property, they would be able to get water. They attempted to drill a well, but did not find water. </P> <P>Jones explained that the boundaries of RWD #4 were recently adjusted and questioned whether there would be other petitions requesting attachment. It was the consensus of the Board that Johnson meet with Scott Schultz, District Administrator of RWD #4, to determine whether other individuals might request attachment, and request that they all be dealt with at one time in order to avoid dealing with several individual petitions. No action was taken.</P> <P><STRONG>ACCOUNTS PAYABLE 04-28-04</STRONG><BR>Jones moved approval of accounts payable manual checks in the amount of $12,109.85; motion was seconded by Johnson and carried unanimously.</P> <P>Jones moved for adjournment; Johnson seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>______________________________&nbsp;________________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;Bob Johnson, Member</P> <P>ATTEST:</P> <P>______________________________&nbsp;________________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;Jere McElhaney, Member</P>

<P>Jones called the meeting to order at 8:37 A.M. on Monday, May 3, 2004 with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>PROCLAMATION 05-03-04</STRONG><BR>David Johnson, Executive Director of Bert Nash Mental Health Center, conducted a brief presentation regarding Mental Health Month. Johnson distributed the 2003 Annual Report and read a Proclamation proclaiming the month of May as "Mental Health Month." Jones made a motion to adopt the Proclamation as read; McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>CONSENT AGENDA 05-03-04</STRONG><BR>McElhaney moved approval of the following Consent Agenda:</P> <UL> <LI>Authorize Notice to Clinton Township for Clinton Marina, Inc. and</LI> <LI>Table the item "Consider approval of Homeland Security Grant Funds Expenditure Request" for discussion.</LI></UL> <P>Johnson seconded and the motion carried unanimously.</P> <P><STRONG>EMERGENCY MANAGEMENT 05-03-04</STRONG><BR>At their meetings on April 19, 2004 and April 26, 2004, the Board discussed a request to approve the expenditure of Homeland Security Grant Funds for the purchase of a mobile command center. McElhaney stated that while he believes Douglas County has fantastic Emergency Management, Sheriff, Fire &amp; Medical, and Police departments, he was not in favor of accepting the grants. He stated this was not a reflection of services provided but was because of concerns regarding how the monies are funneled through the system which is more of a federal/national problem. McElhaney also stated he was disappointed in the number of times the command center was used and according to his calculations, it was costing $1750 per hour per incident. McElhaney noted that the command center was something that was needed 20 years ago, however, technology has changed dramatically. He also expressed concern regarding the flow of the Homeland Security Grant.</P> <P>Johnson stated that the individuals responsible for emergencies in Douglas County discussed the County's needs and identified the need for a new mobile command center as the number one (1) pressing need. </P> <P>Jones noted that he was skeptical about the grant funds and that he believed the Commission should be rigorous in protecting themselves and future commissions to be sure the money is spent wisely. Jones also stated he was not pleased with the way the information was presented and asked that future requests not be brought before the Commission unless the information is ready for the packets prior to the meeting.</P> <P>Johnson made a motion to authorize up to $240,000 from the Homeland Security Grant Funds for the specific purpose of acquiring a mobile command center to be built by Brown Cargo Van. Motion was seconded by Jones and carried with McElhaney opposed.</P> <P><STRONG>ACCOUNTS PAYABLE 05-03-04</STRONG><BR>Johnson moved approval of accounts payable in the amount of $266,073.99 to be paid 05/03/04; accounts payable manual checks in the amount of $2,134.24; payroll in the amount of $585,564.25; and electronic funds transfers in the amounts of $44,835.50 for FICA and $34,244.86 for KPERS to be paid 04/30/04. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>APPOINTMENTS 05-03-04</STRONG><BR>Johnson made a motion to appoint Ruth Mitchel, Lawrence, KS, to the Jayhawk Area Agency on Aging Tri-County Advisory Council Counsel; Jones seconded and the motion carried unanimously. It should be noted that Ms. Mitchel's term shall expire on September 30, 2005.</P> <P><STRONG>PUBLIC WORKS 05-03-04</STRONG><BR>Keith Browning, Director of Public Works/County Engineer, briefed the Commission on the Route 1029 Project. Browning reported there was a situation with unstable areas in the subgrade which will require moving material and brining in oversized rock to stabilize. The Kansas Department of Transportation has looked at and agree with the method of repair. Browning requested authority to authorize change orders up to 20% of the County's responsibility of the project, which would amount to $8,400. Jones made a motion that Browning be authorized to execute change orders up to $8,400 with direction to return to the Commission if the change orders cross the threshold on the project. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>RURAL WATER 05-03-04</STRONG><BR>Johnson updated the Board on discussions with Scott Shultz, Administrator of Rural Water District #4. No action was taken.</P> <P><STRONG>MISCELLANEOUS 05-03-04<BR></STRONG>Johnson announced he would seek re-election for the 2nd District Commission seat.</P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P></P> <P><BR>_______________________________ _______________________________<BR>Charles Jones, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_______________________________ _______________________________<BR>Patty Jaimes, County Clerk Jere McElhaney, Member<BR></P>

<P>Jones called the special meeting to order at 5:20 P.M. on Tuesday, May 11, 2004 with all members present. The purpose of the special meeting was to meet in executive session with the Lawrence City Commission. At 5:20 P.M., Jones made a motion that the Board recess to go into executive session for one (1) hour with the Lawrence City Commission to discuss issues related to land acquisition from Farmland. Johnson seconded and the motion carried unanimously. The Board returned to regular session at 6:20 P.M. No action was taken.</P> <P>Jones made a motion to adjourn; seconded by Johnson and carried unanimously.</P> <P></P> <P>_______________________________ ________________________________<BR>Charles Jones, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_______________________________ ________________________________<BR>Patty Jaimes, County Clerk Jere McElhaney, Member</P>

<P>Jones called the meeting to order at 6:39 P.M. on Wednesday, May 12, 2004, with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 05-12-04</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5238. Order is on file in the office of the County Clerk;</LI> <LI>Approve Updated Memorandum of Understanding with Kansas Department of Wildlife &amp; Parks for Fisheries Management at Lone Star Lake; and</LI> <LI>Approve document declaring that the Board of County Commissioners has determined a 0.35 acre parcel of land should be sold to Gary O'Doniel for $1,750, directing the County Clerk to publish a notice of intent to dispose of property in the official county newspaper once each week for two consecutive weeks.</LI></UL> <P>Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 05-12-04<BR></STRONG>Mary Prewitt, Animal Outreach of Kansas (AOK), conducted a brief presentation regarding proposed changes to county animal control regulations, adding elephants to the list of prohibited dangerous animals. Ann Wilson and Judy Carman also spoke. Carman then presented a video. </P> <P>Midge Grinstead, Director of the Lawrence Humane Society, spoke in favor of the proposed changes. </P> <P>Darla Kristen and Monica Dibbin also spoke in favor. </P> <P>McElhaney asked what AOK's affiliation was with PETA. McElhaney also expressed concern about the proposed changes pertaining to domesticated and/or agricultural animal restrictions. Prewitt stated they were not affiliated in any way and they were not trying to affect agriculture in Douglas County or any 4-H activities.</P> <P>McElhaney then expressed concerns about this being a stepping stone into the agricultural world. He wanted to get more input from veterinarians and the local agricultural community in order to get a fair balance. </P> <P>Johnson stated he was not in favor of cruelty to animals. However, the slippery slope McElhaney is referring to is also a concern. He would also like the opportunity to hear from the agricultural community and would be interested in meeting with the Farm Bureau Board.</P> <P>Jones stated he was inclined to be supportive. Jones also stated he was disappointed to learn the agricultural community would not meet with AOK. </P> <P>Mary Prewitt stated she had met with Trudy Rice in early December and assured her the AOK wanted nothing to do with affecting the Douglas County Free Fair. She reiterated that the AOK did not want to affect agriculture in Douglas County.</P> <P>Johnson noted that he didn't believe a motion to amend the regulations would pass at this time but there appears to be a growing consensus that we can arrive at some modification or amendment that speaks to the issues. No action was taken.</P> <P><STRONG>RESOLUTIONS 05-12-04<BR></STRONG>The Board discussed a joint resolution of the City Commission of the City of Lawrence, Kansas and the Board of County Commissioners of Douglas County, Kansas establishing the ECO2 Commission and a funding request in the amount of $6,000 for ECO2. Mark Gonzales and Trudy Rice, members of the ECO2Committee, were present for the discussion. </P> <P>Johnson stated he was in favor of the expenditure and the joint committee. </P> <P>McElhaney stated he would vote in favor of the joint resolution but noted he has expressed concerns publically and privately that the funds could be misused. </P> <P>Johnson noted his personal preference would be that these funds flow through the Economic Development Board. He also stated he was pleased they were asking for temporary monies that weren't adding staff employees. Johnson noted it was the Board's intent to approve the joint resolution after some language issues had been worked out.</P> <P>Jones made a motion to approve ECO2's funding request in the amount of $6,000. Johnson stated this was a one time commitment and would not be funded yearly. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 05-12-04<BR></STRONG>Jones moved approval of accounts payable in the amount of $568,967.11 to be paid 05/10/04; Johnson seconded and the motion carried unanimously.</P> <P>&#160;Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;Jere McElhaney, Member<BR></P>

<P>Jones called the meeting to order at 6:35 P.M. on Wednesday, May 19, 2004 with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 05-19-04<BR></STRONG>Johnson moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5241. Order is on file in the office of the County Clerk; and</LI> <LI>Approve Agreement with Agreement with the Kansas Department of Transportation for conducting underwater inspections of the Kansas River bridges at Lecompton (Douglas County Bridge No. 21.30-06.15; NBI 230240) and Eudora (Douglas County Bridge No. 14.90-21.90; NBI 230090).</LI></UL> <P>Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PLANNING 05-19-04</STRONG><BR>The Board considered Item No. 7 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated April 28, 2004. This item is CUP-03-01-04: Conditional Use Permit request for a cell phone tower. The property is located at 730 N 300 Road (NE corner of Highway 56 and E 700 Road). Submitted by Selective Site Consultants for Cingular Wireless, applicant, and Leonard D. and Roxanne Heffner, property owners of record. Sandra Day, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. This item comes to the Board with a 5-4 recommendation of approval from the Planning Commission based on the following Findings of Fact:</P> <P><STRONG>FINDINGS OF FACT</STRONG></P> <P><STRONG>Zoning and uses of property nearby.</STRONG> The subject property and surrounding area is zoned and used for agricultural purposes in all directions.</P> <P><STRONG>Character of the area.</STRONG> The subject property is located within an existing agricultural neighborhood. The area includes a few scattered rural homes located along the county roads.</P> <P><STRONG>Suitability of subject property for the uses to which it has been restricted.</STRONG>The suitability of the subject property for its current "A" (Agricultural District) zoning will not be altered by the approval or denial of a CUP for the construction of a tower. The location of a tower facility in an agricultural district is preferred. Towers are a permitted use in this district subject to the approval of a CUP.</P> <P><STRONG>Extent to which removal of restrictions will detrimentally affect nearby property.</STRONG> No physical detrimental impacts are anticipated by the construction of a communication tower in part because the base zoning will not be altered. The proposed tower height is 250' and will require lighting consistent with FAA regulations. The proposed tower is located in a preferred zoning district.</P> <P><STRONG>Length of time subject property has remained vacant as zoned.</STRONG> The subject property d&#160;s not include any buildings/structures and is currently used for agricultural activities. The agricultural zoning has been in place since 1966.</P> <P><STRONG>Relative gain to the public health, safety, and welfare by the destruction of the value of the petitioner's property as compared to the hardship imposed upon the individual landowners.</STRONG> No significant gains to the public health, safety and welfare would result from the approval of this proposed tower. Approval of this tower will result in the improvement of communication service for the private provider making this request. The proposed 60' by 60' fenced enclosure area is setback 225' from the nearest property line and 270' from the centerline of E 700 Road. The center of the tower structure is located approximately 254' from the nearest property line. The county code requires the minimum setback be equal to the height of the tower.</P> <P><STRONG>Conformance with <EM>The Comprehensive Plan</EM>.</STRONG> <EM>Horizon 2020</EM> d&#160;s not directly address the issue of special or conditional uses. The plan provides basic guidance regarding major infrastructure improvements and urges that such uses be carefully planned and provided. The provision of such services should be focused in existing service areas to address growth. Additionally, placement and visual appearance are a key consideration in creating compatibility.</P> <P>AND subject to the following conditions:</P> <P>&nbsp;1.&nbsp;Provision of a revised site plan to include the following:<BR>&nbsp;&nbsp;a.&nbsp;Show location, fixture type, and mounting height of exterior lighting on the equipment building and provide a note that states lighting shall be shielded and directed downward;<BR>&nbsp;&nbsp;b.&nbsp;Minimal lighting at the base shall be reviewed and approved by staff. Any lighting of the enclosure area shall be directed downward and shielded to prevent glare and light trespass;<BR>&nbsp;&nbsp;c.&nbsp;Note existing trees along E 700 Road are existing;<BR>&nbsp;&nbsp;d.&nbsp;Provide general note on page three to summarize surrounding land use per section 19-4.31(b)2; and<BR>&nbsp;&nbsp;e.&nbsp;Show or note the proposed height of the equipment building.<BR>&nbsp;2.&nbsp;Provision of a copy of the letter sent to the property owners within 1- mile of the proposed tower site for file;<BR>&nbsp;3.&nbsp;Provision of the following notes on the face of the site plan:<BR>&nbsp;&nbsp;a.&nbsp;"Any tower that is not used for a period of three years, or more, shall be removed by the owner at the owner's expense. Failure to remove the tower pursuant to non-use may result in removal and assessment of cost to the property per K.S.A. 12-6a17. &amp; 19- 4.31(c)4;" and<BR>&nbsp;&nbsp;b.&nbsp;"The tower owner and/or operator shall submit a letter to the Planning Office by July 1st of each year listing the current users and types of antenna located on the approved tower. (19-4.31(c)5)."<BR>&nbsp;4.&nbsp;Provision of a sign to be posted on the tower or the 6' chain link fence noting the name and telephone number of the tower operator and operator. (19-4.31(c)5); and<BR>&nbsp;5.&nbsp;Provision of a copy of an approved entrance permit from Marion Township for access to the tower site.</P> <P>Day noted that a Protest Petition was received but was determined to be invalid by Planning Staff since it was not received by the deadline and there also were not enough properties participating to require a super-majority vote by this body. Day also noted that there is an existing landing strip to the north of the subject property.</P> <P>Chase Simmons, legal counsel for the applicant, Cingular Wireless, and Sean Wyrick, System Engineer for Cingular Wireless, were also present for the discussion. Simmons stated that a tower was needed in this location in order to serve an identified significant gap in coverage. He requested approval as submitted. Simmons also noted the proposed tower had received approval from the FAA with no comment about safety concerns.</P> <P>Darrell Norris, owner of the landing strip, noted his opposition to the location of the tower. Norris stated the tower is in direct line of the south end of the runway, which could be problematic in bad weather. Norris requested that either a different location be selected or that the permit be denied. Norris presented three (3) additional signatures protesting the CUP.</P> <P>Johnson referenced a letter from the FAA dated March 15, 2004 indicating their aeronautical study revealed that the structure d&#160;s not exceed obstruction standards and would not be a hazard to air navigation.</P> <P>Jones stated that from a legal standpoint, it would be difficult to deny the CUP.</P> <P>Bruce Snodgrass stated he has property in the area and believes a cell tower is needed.</P> <P>Jones questioned the legality of Planning Staff's determination regarding the Protest Petition. </P> <P>Day noted that Protest Petitions must be received in the County Clerk's Office by a certain date, which was not met in this case. </P> <P>Jones requested that the Protest Petition be forwarded to the County Clerk's Office for determination of its validity. No action was taken.</P> <P><STRONG>PLANNING 05-19-04</STRONG><BR>The Board considered Item No. 14 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated April 28, 2004. This item is Z- 03-12-04: A request to rezone a tract of land approximately 4.65 acres from A (Agricultural) District to I-2 (Light Industrial) District. The property is generally located at 1452 East 1 Road. Submitted by Robin L. Edmonds for Shirley Edmonds, property owner of record. Paul Patterson, staff member of the Lawrence-Douglas County Metropolitan Planning Department, explained that the request was made in order to bring an existing excavation business into conformance. With the adoption of the County Zoning Code in February 2001, the existing use was given a sunset of May 1, 2006 to come into conformance. It currently did not meet Type 3 Home Occupation regulations because of the number of on-site employees. The Planning Commission unanimously denied the rezoning request based on the following Findings of Fact:</P> <P><STRONG>FINDINGS OF FACT:</STRONG></P> <P><STRONG>Zoning and uses of property nearby.</STRONG> The property is located entirely within an A (Agricultural) District. The use of the properties in this area is agricultural.</P> <P><STRONG>Character of the area.</STRONG> The property is located at 1452 East 1 Road. The 4.65 acre property is located at the western edge of Douglas County, along the east side of a gravel road with truck access from the south. Access from the north is restricted due to narrow bridges and roadways which are not passable during high water events. The general character of the area is rolling hills. The only offsite structure visible from the subject property contractor's yard is a residence located to the north.</P> <P><STRONG>Suitability of subject property for the uses to which it has been restricted.</STRONG> In staff's opinion, the property is still suitable for the existing Agricultural use. A rezoning to I-2 (Light Industrial) would not be consistent with the existing Agricultural use in the area.</P> <P><STRONG>Length of time subject property has remained vacant as zoned.</STRONG> The property is zoned A (Agricultural) District. The property is not vacant but contains a rural residential house, plus several outbuildings including a contractor's yard with construction equipment and outside storage of waterline pipes.</P> <P><STRONG>Extent to which removal of restrictions will detrimentally affect nearby property.</STRONG> Removal of the restrictions and rezoning to an I-2 (Light Industrial) District may detrimentally affect nearby property, as it is entirely within an A (Agricultural) Zoning District and is not accessed by a major thoroughfare or railroad.</P> <P><STRONG>Relative gain to the public health, safety and welfare by the destruction of the value of the petitioner's property as compared to the hardship imposed upon the individual landowners.</STRONG> The rezoning of the site to an industrial district of I-2 would not provide a relative gain to the public health, safety, ,and welfare by providing for an industrial property at this location.</P> <P><STRONG>Conformance with <EM>The Comprehensive Plan</EM>.</STRONG> The proposed request to I-2 Light Industrial at this location would not be consistent with the Industrial and Growth Management and Land Use Goals and Policies of the County/City's Comprehensive Plan <EM>Horizon 2020</EM>.</P> <P>The Planning Commission also made a motion to initiate and schedule a public hearing in May 2004 for a Text Amendment to the County Zoning Regulations to make an excavation use allowable with approval of a Conditional Use Permit, provided the operation employed no more than 12 individuals meeting the Article 19 definition of non-residential employees.</P> <P>After discussion, Robin Edmonds, applicant, requested deferral of this item. Edmonds also requested documentation of the deferral in order to ensure no enforcement action could be taken on his business. McElhaney made a motion that the Chair be authorized to execute a letter to Mr. Edmonds stating that no enforcement action would be taken with regard to land use designation until his application has been acted upon. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>DISTRICT ATTORNEY &amp; INFORMATION TECHNOLOGY 05-19-04<BR></STRONG>Pam Madl, Director of Administrative Services, appeared before the Board to discuss the design and development of a Prosecutorial Software package for the District Attorney's Office. Madl explained that the State of Kansas has invited the Douglas County District Attorney's Office to serve on a committee charged with the design and development of a Prosecutorial Software package which will complement the new Full Court system. The current system being used by the District Attorney's Office has never operated satisfactorily, but the main concern is that we only have maintenance coverage for the AS400 computer for two more years. If we don't replace this software with a server based system, we will need to purchase a new AS400 at that point. The State is applying for a Byrne Grant of approximately $400,000 to fund the design, development, and implementation of this new software and Madl has volunteered to be the administrator of this grant. This effort d&#160;s not commit County funding in any way. Jones made a motion to approve the involvement in the Byrne Grant Application naming Pam Madl as administrator to develop a statewide Prosecution System for use in Kansas. Motion was seconded by Johnson and carried unanimously.</P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>_______________________________&nbsp;_______________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>_______________________________&nbsp;_______________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;Jere McElhaney, Member<BR></P>

<P>Jones called the meeting to order at 8:03 A.M. on Monday, May 17, 2004 with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>MISCELLANEOUS 05-17-04<BR></STRONG>Ted Haggert, Co-Chair of the Biosciences Task Force, appeared before the Board requesting additional funding for the completion of the biosciences impact study. Haggert explained that after making presentations to the City and County Commissions and revising the scope of the study, it was learned that the study will cost $35,000 instead of the estimated $24,120. The Biosciences Task force is requesting that the City, County, Chamber and KU split the additional amount bringing each entities total to $8,750. </P> <P>McElhaney expressed concerns about future ongoing costs. McElhaney then made a motion to approve the requested $8,750 for the Biosciences Study; Jones seconded and the motion carried unanimously.</P> <P><STRONG>EMERGENCY COMMUNICATIONS 05-17-04</STRONG><BR>The Board discussed equipment, software and training for implementation of an emergency medical dispatch program for Douglas County. Jim Denney, Director of Emergency Communications, Mark Bradford, Deputy Chief of the Lawrence- Douglas County Fire &amp; Medical Department, and Dr. Scott Robinson, Medical Director, were present for the discussion. Denney explained that Emergency Communications is requesting authorization for the following:</P> <P>1. Negotiate and contract with Priority Dispatch of Salt Lake City, Utah to provide equipment, software and training for implementation of an emergency medical dispatch program in Douglas County; and<BR>2. Negotiate and contract with Sungard H.T.E., Inc. to provide the necessary computer software to integrate the Priority Dispatch program in to the existing Computer Assisted Dispatch program.</P> <P>The 911 Fee Fund could be utilized for this purchase and sufficient funds exist at this time to cover the costs. This program would provide better consistency, prioritizes types of calls, and gives the number and types of units to respond. This has been approved by the Kansas State Trauma Committee and it is believed that it will be mandated in the State Trauma Plan. </P> <P>Dr. Robinson stated he believed it was unacceptable to not have a standardized priority dispatch system in place. </P> <P>Program costs include the following initial and ongoing funding:</P> <P>Initial Costs <BR>Priority Dispatch software and licensing (ECC primary) $31,592<BR>Priority Dispatch software and licensing (KU back-up) $6,200<BR>Priority Dispatch training $14,100<BR>Sungard H.T.E. Cad interface software $12,935<BR>Priority Dispatch implementation training and consultation<BR>(daily cost) $1,500<BR><BR>Ongoing Costs <BR>Establish Dispatcher II position for EMD certified<BR>dispatchers $30,000<BR>Licensing $1,100</P> <P>Jones stated he was convinced that the equipment should be purchased but he<BR>was struggling with the pay increase.</P> <P>Jones then made a motion to authorize the purchase of the equipment as<BR>outlined above, and directed Denney to come back to the Board for justification<BR>for the position reclassification request. Motion was seconded by McElhaney and<BR>carried unanimously.</P> <P><STRONG>EMERGENCY COMMUNICATIONS 05-17-04<BR></STRONG>Jim Denney, Director of Emergency Communications, conducted a brief<BR>presentation regarding installation of cellular enhanced 911 in Douglas County.<BR>Denney outlined the following options:</P> <P>Make formal requests of the cellular companies in Douglas County to provide<BR>enhanced 911 data. <BR>This would be an action leading toward contracts with individual telephone<BR>companies and would begin the tolling of FCC regulated timetables for the<BR>delivery of such services; and<BR>Have an initial cost of about $40,000 and annual costs of about $13,000<BR>plus equipment repairs and upgrades. All costs would be eligible to be paid<BR>from the new cell phone 911 fee. (These costs are in addition to the annual<BR>$110,000 cost for wireline enhanced 911 and equipment repairs and<BR>upgrades.)</P> <P>OR</P> <P>Make formal application to Mid-America Regional Council (MARC) to join their<BR>regional 911 system.<BR>This would not be a binding action, but a request for a contract proposal if<BR>application is accepted by MARC.<BR>Initial cost may be approximately $275,000 for initial equipment purchase<BR>and buy-in and an estimated $110,000 to $150,000 annual cost. All<BR>equipment repairs and upgrades are included in the annual cost.<BR><BR>Denney stated that the 911 Board recommended application to MARC. </P> <P>Nelson Krueger was also present for the discussion and stated the County could<BR>apply to see the costs, but would need to be sure to have a way to get out of it, if<BR>necessary. </P> <P>Denney noted that no firm decision will be made until the dollar amounts are<BR>confirmed. </P> <P>Jones made a motion to authorize the 911 Board to submit a formal application<BR>to MARC to join their regional 911 system and requested that Krueger be kept in<BR>the loop. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>ZONING &amp; RESOLUTIONS 05-17-04<BR></STRONG>The Board discussed a proposed resolution amending the Douglas County<BR>Zoning regulations regarding communication towers less than 100 feet in length.<BR>Keith Dabney, Director of Zoning &amp; Codes, was present for the discussion. No<BR>action was taken.</P> <P><STRONG>CONSENT AGENDA 05-17-04</STRONG><BR>Johnson moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5239 and 5240. Orders are on file in the office of the County Clerk;</LI> <LI>Approve Agreement between Douglas County, Kansas and the Kansas Turnpike Authority to sell 1.23 acres of ground for $5,375.00;</LI> <LI>Approve Resolution No. 04-20 granting a beer license to Clinton Marina;</LI> <LI>Authorize Notice to Clinton Township for Pipeline Productions; and</LI> <LI>Pull the item "Consider approval of 2004-2005 Health Insurance Plan" for discussion.</LI></UL> <P>Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>INSURANCE 05-17-04</STRONG><BR>Pam Madl, Director of Administrative Services, stated the current plan year has<BR>proceeded as expected. One major claim reached the specific reinsurance limit<BR>of $100,000 and several others acme in at about $50,000. At the end of March<BR>2004, we had experienced expenses in the approximate amount of $2.7 million,<BR>an increase of approximately $400,000 over the same time frame last plan year,<BR>for a 17% increase. Pharmacy represents $470,000 of the 2003-04 expenses,<BR>and $393,400 of the 2002-03 expenses, for an increase of 19.3%.</P> <P>Madl outlined the following proposed plan changes:</P><B><FONT face=Arial> <P>Pharmaceuticals</P> <P></B></FONT> <TABLE cellSpacing=0 cellPadding=7 width=576 border=1> <TBODY> <TR> <TD colSpan=4 height=26><FONT face=Arial size=1> <P align=center><STRONG>CURRENT PLAN</STRONG></FONT></P></TD></TR> <TR> <TD width="18%" height=26><FONT face=Arial size=1> <P>Generic Drugs</FONT></P></TD> <TD width="23%" height=26><FONT face=Arial size=1> <P>Brand Name Drugs</FONT></P></TD> <TD width="28%" height=26><FONT face=Arial size=1> <P>Brand Name Drugs when generic is available</FONT></P></TD> <TD width="31%" height=26> <P></P></TD></TR> <TR> <TD width="18%" height=26><FONT face=Arial size=1> <P>$7.50</FONT></P></TD> <TD width="23%" height=26><FONT face=Arial size=1> <P>$20.00</FONT></P></TD> <TD width="28%" height=26><FONT face=Arial size=1> <P>$32.50</FONT></P></TD> <TD width="31%" height=26> <P></P></TD></TR> <TR> <TD colSpan=4 height=26><FONT face=Arial size=1> <P align=center><STRONG>PROPOSED PLAN DESIGN</STRONG></FONT></P></TD></TR> <TR> <TD width="69%" colSpan=3 height=26><FONT face=Arial size=1> <P>At no time will the employee pay more than the cost of the drug</FONT></P></TD> <TD width="31%" height=26> <P></P></TD></TR> <TR> <TD width="18%" height=26><FONT face=Arial size=1> <P>Generic Drugs</FONT></P></TD> <TD width="23%" height=26><FONT face=Arial size=1> <P>Preferred Brands</FONT></P></TD> <TD width="28%" height=26><FONT face=Arial size=1> <P>Non-Preferred Brands</FONT></P></TD> <TD width="31%" height=26><FONT face=Arial size=1> <P>Non-sedating antihistamines no longer covered (Clarinex, Allegra-D, etc.). Protein pump inhibitors: Generic at $8.00, Aciphex at $25.00, all others are $40 + difference after prior authorization. Any drug costing more than $1,200 will not be filled until a clinical review has occurred. Quantities will be limited based on manufacturer’s recommended usage. Compound drugs will be $40 or 50% of the cost of the compound, whichever is highest.</FONT></P></TD></TR> <TR> <TD width="18%" height=26><FONT face=Arial size=1> <P>$8.00</FONT></P></TD> <TD width="23%" height=26><FONT face=Arial size=1> <P>$25.00</FONT></P></TD> <TD width="28%" height=26><FONT face=Arial size=1> <P>$40.00 plus the cost difference between the brand name and the generic.</FONT></P></TD> <TD width="31%" height=26> <P></P></TD></TR></TBODY></TABLE><FONT face=Arial></P> <P align=center></P></FONT> <P><STRONG>Medical</STRONG></P> <P>The only change recommended for the medical side of the health insurance plan<BR>is the well care coverage. The plan coverage for well care has always been $250<BR>per member per year. With rising costs for such things as mammograms and<BR>immunizations, the committee has recommended the following change.</P> <P> <TABLE cellSpacing=0 cellPadding=7 width=402 border=1> <TBODY> <TR> <TD width="28%" height=26><FONT face=Arial size=1> <P><STRONG>Coverage</STRONG></FONT></P></TD> <TD width="25%" height=26><FONT face=Arial size=1> <P><STRONG>Current Plan</STRONG></FONT></P></TD> <TD width="46%" height=26><FONT face=Arial size=1> <P><STRONG>Proposed Plan</STRONG></FONT></P></TD></TR> <TR> <TD width="28%" height=26><FONT face=Arial size=1> <P>Ages 0-2</FONT></P></TD> <TD width="25%" height=26><FONT face=Arial size=1> <P>$250</FONT></P></TD> <TD width="46%" height=26><FONT face=Arial size=1> <P>$15 co-pay for all well visits. After that co-pay, everything paid at 100%</FONT></P></TD></TR> <TR> <TD width="28%" height=26><FONT face=Arial size=1> <P>Ages 2+</FONT></P></TD> <TD width="25%" height=26><FONT face=Arial size=1> <P>$250</FONT></P></TD> <TD width="46%" height=26><FONT face=Arial size=1> <P>$400</FONT></P></TD></TR></TBODY></TABLE><FONT face=Arial></FONT></P> <P>Madl also explained that this change will encourage members to continue with<BR>their well care which promotes a healthier work force. It is estimated that this<BR>change will cost the plan approximately $100,000.</P> <P> <TABLE cellSpacing=0 cellPadding=7 width=306 border=1> <TBODY> <TR> <TD width="51%" height=26> <P></P></TD> <TD width="49%" height=26><FONT face=Arial size=1> <P><STRONG>Current Premiums</STRONG></FONT></P></TD></TR> <TR> <TD width="51%" height=26><FONT face=Arial size=1> <P>Employee only</FONT></P></TD> <TD width="49%" height=26><FONT face=Arial size=1> <P>$440</FONT></P></TD></TR> <TR> <TD width="51%" height=26><FONT face=Arial size=1> <P>Employee +1</FONT></P></TD> <TD width="49%" height=26><FONT face=Arial size=1> <P>$860</FONT></P></TD></TR> <TR> <TD width="51%" height=26><FONT face=Arial size=1> <P>Family</FONT></P></TD> <TD width="49%" height=26><FONT face=Arial size=1> <P>$1,230</FONT></P></TD></TR></TBODY></TABLE><FONT face=Arial></FONT><BR>Jones excused himself at 10:02 A.M.</P> <P>Johnson made a motion to adopt the 2004-2005 plan changes as outlined above<BR>and increase the premiums for employees 2% (or the nearest dollar upward) per<BR>pay period. Motion was seconded and carried 2-0-1.</P> <P><STRONG>ACCOUNTS PAYABLE 05-17-04<BR></STRONG>McElhaney moved approval of accounts payable in the amount of $179,419.25<BR>to be paid 05/17/04; accounts payable manual checks in the amount of<BR>$2,134.24; payroll in the amount of $594,845.24; and electronic funds transfers<BR>in the amounts of $43,973.28 for FICA and $34,889.76 for KPERS to be paid<BR>05/14/04. Motion was seconded by Johnson and carried.</P> <P>McElhaney made a motion to adjourn; Johnson seconded and the motion<BR>carried.</P> <P></P> <P>_______________________________ _______________________________<BR>Charles Jones, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_______________________________ _______________________________<BR>Patty Jaimes, County Clerk Jere McElhaney, Member<BR></P>

<P>Jones called the meeting to order at 8:35 A.M. on Monday, May 24, 2004 with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 05-24-04<BR></STRONG>Johnson made a motion to approve the following Consent Agenda:</P> <UL> <LI>Authorize the Chair to affix his signature to the Contracts for Highway Purposes for Structure No. 6.34N-16.00E;</LI> <LI>Approve CUP-03-01-04: Conditional Use Permit request for a cell phone tower. The property is located at 730 N 300 Road (NE Corner of Hwy&nbsp;56 and E 700 Road). Submitted by Selective Site Consultants for Cingular Wireless, applicant, and Leonard D and Roxann Heffner, property owners of record; and</LI> <LI>Table the item "Consider approval of resolution approving a text amendment to the Douglas County Zoning Regulations for telecommunication towers" until Wednesday May 26, 2004.</LI></UL> <P>Jones seconded and the motion carried unanimously.</P> <P><STRONG>ZONING 05-24-04</STRONG><BR>The Board considered approval of a road frontage variance requested by Greg Foley for Ann McGarity located in Section 5, Township 12, Range 18. Keith Dabney, Director of Zoning &amp; Codes, was present for the discussion.&nbsp; Greg Foley discussed the road frontage variance with the Commission.&nbsp; The item was tabled as a future meeting with the Commission, if need be.&nbsp; Mr. Foley will pursue other avenues at this time. </P> <P><STRONG>PUBLIC WORKS 05-24-04</STRONG><BR>The Board considered approval of a cooperation agreement with Wakarusa Township concerning the surface rehabilitation of E 1200 Road from K-10 Highway to 31st Street (Kasold extended). Keith Browning, Director of Public Works/County Engineer, was present for the discussion. Browning explained that Wakarusa Township has indicated a willingness to share the costs of materials and equipment rental for stabilizing and chip sealing E 1200 Road (Kasold extended). The discussed arrangement was that Douglas County would contribute 50% of materials and equipment rental costs. The Township would pay the remaining costs and perform the work. The road will continue to be the maintenance responsibility of Wakarusa Township. The agreement provides a not-to-exceed cost of $15,000 to Douglas County. Special Highway Fund 214 has adequate funds to cover the County's obligation for this project. Johnson made a motion to approve the Cooperation Agreement. Motion was McElhaney seconded and the motion carried unanimously. </P> <P>&#160;<STRONG>ACCOUNTS PAYABLE 05-24-04</STRONG><BR>Jones moved approval of accounts payable in the amount of $300,234.68 to be paid 05/24/04 and accounts payable manual checks for $65.00.&nbsp; Johnson seconded and the motion carried unanimously.&nbsp; </P> <P><STRONG>PUBLIC COMMENT 05-24-04<BR></STRONG>Douglas County citizens Della Sandrom and her husband, Sandy, expressed concerns with reference to property taxes in Douglas County. No action was taken.</P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;Jere McElhaney, Member<BR></P>

<P>Jones called the meeting to order at 6:38 P.M. on Wednesday, May 26, 2004 with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 05-26-04<BR></STRONG>Jones made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Resolution No. 04-21 Amending the Douglas County Zoning Regulations Regarding Communication Towers Less than 100 Feet in Height.</LI></UL> <P>Johnson seconded and the motion carried unanimously.</P> <P><STRONG>MISCELLANEOUS &amp; INDUSTRIAL PARKS 05-26-04</STRONG><BR>The Board conducted a joint study session with the Baldwin City Commission to discuss industrial/business park issues. No action was taken.</P> <P><STRONG>MISCELLANEOUS &amp; RESOLUTIONS 05-26-04</STRONG><BR>Johnson made a motion to authorize the Chair to approve a resolution granting a cereal malt beverage license to Pipeline Productions. This resolution was scheduled for the Board's approval on June 2, 2004. However, there will be no meeting that date. Motion was seconded by McElhaney and carried unanimously.</P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P><BR>____________________________&nbsp;_____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P><BR>_____________________________&nbsp;_____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Member<BR></P>

<P>Jones called the meeting to order at 8:30 A.M. on Monday, June 7, 2004 with two members present. Commissioner McElhaney was absent. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 06-07-04</STRONG><BR>Johnson made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5242, 5243 and 5244. Orders are on file in the office of the County Clerk;</LI> <LI>Approve Contract between Douglas County, Kansas and Gary O'Doniel to sell 0.35 acres of ground in the amount of $1,750; and</LI> <LI>Approve sale of a triangular parcel of unused right-of-way located adjacent to 601 N 2nd Street in Lawrence, to Alex Plotnikov of Alek's Auto Shop.</LI></UL> <P>Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>YOUTH SERVICES 06-07-04</STRONG><BR>Pam Weigand, Director of Youth Services, appeared before the Board requesting approval of the 7th Judicial District Juvenile Justice Authority Final FY05 Block Grant Allocations. Weigand explained the funding levels for the 7thJudicial Districts Prevention, Intervention/Graduated Sanctions and Core Programs is contingent on state funding. With the end of the legislative session, the Kansas Legislature maintained current funding levels for Prevention programs and reduced the Intervention/Graduated Sanctions and Core Programs Block Grant for the state by 1 million dollars. This required the 7thJudicial District to reduce currently budgeted amounts by $31,790. The following table outlines the reductions:</P> <P> <TABLE cellSpacing=0 cellPadding=6 width=576 border=1> <TBODY> <TR> <TD width="49%" height=26><FONT size=2> <P><STRONG>Intervention Graduated Sanctions and Core Program</STRONG></FONT></P></TD> <TD width="17%" height=26><FONT size=2> <P align=center><STRONG>FY 2005 </STRONG></P> <P align=center><STRONG>Allocation</STRONG></FONT></P></TD> <TD width="17%" height=26><FONT size=2> <P align=center><STRONG></STRONG></P> <P align=center><STRONG>Reduction</STRONG></FONT></P></TD> <TD width="18%" height=26><FONT size=2> <P align=center><STRONG>Final FY 2005 Budget</STRONG></FONT></P></TD></TR> <TR> <TD width="49%" height=26><FONT size=2> <P>Big Brothers/Big Sisters</FONT></P></TD> <TD width="17%" height=26><FONT size=2> <P align=right>$7,280.00</FONT></P></TD> <TD width="17%" height=26><FONT size=2> <P align=right>($402.00)</FONT></P></TD> <TD width="18%" height=26><FONT size=2> <P align=right>$6,878.00</FONT></P></TD></TR> <TR> <TD width="49%" height=26><FONT size=2> <P>Douglas County Citizen Review Board (CRB)</FONT></P></TD> <TD width="17%" height=26><FONT size=2> <P align=right>$14,352.00</FONT></P></TD> <TD width="17%" height=26><FONT size=2> <P align=right>($793.00)</FONT></P></TD> <TD width="18%" height=26><FONT size=2> <P align=right>$13,559.00</FONT></P></TD></TR> <TR> <TD width="49%" height=26><FONT size=2> <P>DCCCA Juvenile Outpatient Treatment Program</FONT></P></TD> <TD width="17%" height=26><FONT size=2> <P align=right>$17,127.00</FONT></P></TD> <TD width="17%" height=26><FONT size=2> <P align=right>($947.00)</FONT></P></TD> <TD width="18%" height=26><FONT size=2> <P align=right>$16,180.00</FONT></P></TD></TR> <TR> <TD width="49%" height=26><FONT size=2> <P>Family Enhancement of Community Living Opportunities</FONT></P></TD> <TD width="17%" height=26><FONT size=2> <P align=right>$29,707.00</FONT></P></TD> <TD width="17%" height=26><FONT size=2> <P align=right>($1,642.00)</FONT></P></TD> <TD width="18%" height=26><FONT size=2> <P align=right>$28,065.00</FONT></P></TD></TR> <TR> <TD width="49%" height=26><FONT size=2> <P>Juvenile Justice Authority Case Management (DCYS)</FONT></P></TD> <TD width="17%" height=26><FONT size=2> <P align=right>$103,905.00</FONT></P></TD> <TD width="17%" height=26><FONT size=2> <P align=right>($5,732.00)</FONT></P></TD> <TD width="18%" height=26><FONT size=2> <P align=right>$98,173.00</FONT></P></TD></TR> <TR> <TD width="49%" height=26><FONT size=2> <P>Juvenile Intake and Assessment (The Shelter, Inc.)</FONT></P></TD> <TD width="17%" height=26><FONT size=2> <P align=right>$155,700.00</FONT></P></TD> <TD width="17%" height=26><FONT size=2> <P align=right>($8,607.00)</FONT></P></TD> <TD width="18%" height=26><FONT size=2> <P align=right>$147,093.00</FONT></P></TD></TR> <TR> <TD width="49%" height=26><FONT size=2> <P>Juvenile Intensive Supervised Probation (DCYS)</FONT></P></TD> <TD width="17%" height=26><FONT size=2> <P align=right>$247,239.00</FONT></P></TD> <TD width="17%" height=26><FONT size=2> <P align=right>($13,667.00)</FONT></P></TD> <TD width="18%" height=26><FONT size=2> <P align=right>$233,572.00</FONT></P></TD></TR> <TR> <TD width="49%" height=26><FONT size=2> <P align=right>Total</FONT></P></TD> <TD width="17%" height=26><FONT size=2> <P align=right>$575,310.00</FONT></P></TD> <TD width="17%" height=26><FONT size=2> <P align=right>($31,790.00)</FONT></P></TD> <TD width="18%" height=26> <P></P></TD></TR></TBODY></TABLE><BR>Jones made a motion to approve the 7th Judicial District Juvenile Justice Authority Final FY05 Block Grant allocations as outlined above. Motion was seconded by Johnson and carried.</P> <P><STRONG>YOUTH SERVICES &amp; GRANTS 06-07-04</STRONG><BR>Pam Weigand, Director of Youth Services, then presented an Agreement on Conditions of Grant from the Kansas Juvenile Justice Authority to the Board of County Commissioners. Jones made a motion to approve the Agreement; Johnson seconded and the motion carried.</P> <P><STRONG>ACCOUNTS PAYABLE 06-07-04<BR></STRONG>Jones moved approval of accounts payable in the amounts of $285,369.96 to be paid 06/01/04 and $246,676.88 to be paid 06/07/04; accounts payable manual checks in the amounts of $512.16 and $1860.66; payroll in the amount of $600,818.36; and electronic funds transfers in the amounts of $44,4128.28 for FICA and $35,162.39 for KPERS to be paid 05/21/04. Motion was seconded by Johnson and carried.</P> <P>Jones then made a motion to adjourn; motion was seconded by Johnson and carried.</P> <P><BR>____________________________ _____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P><BR>_____________________________<BR>Patty Jaimes, County Clerk</P>

<P>Jones called the meeting to order at 8:32 A.M., on Monday, June 14, 2004 with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT 06-14-04<BR></STRONG>Jones made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5245, 5246, and 5247. Orders are on file in the office of the County Clerk;</LI> <LI>Approve contract for Project 2004-7 with Midwest Striping, Inc. in the amount of $80,196.75 for pavement marking services and authorize the Director of Public Works to approve change orders not-to-exceed a total contract cost of $95,000; and</LI> <LI>Approve the sale of 7.762 acres in East Hills Business Park to Douglas County Development, Inc., in the amount of $23,286 to be sold to Amarr Garage Doors.</LI></UL> <P>Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PUBLIC WORKS 06-14-04</STRONG><BR>The Board considered approval of a request from the Eudora Township Fire Department for the temporary closure of a portion of N 1300 Road west of Route 1061 for helicopter landings on Saturday, June 26, 2004. The road portion requested for closure is west of Route 1061 (Church Street) and is between Br&#160;r's Automotive at 208 E 20th Street to the Fire Department building at 310 E 20th Street. The purpose of the closure is to allow helicopter landings on the road in conjunction with the Eudora Township Fire Department's open house. Jones made a motion to approve the request subject to the City of Eudora's approval; Johnson seconded and the motion carried unanimously.</P> <P><STRONG>EMERGENCY MANAGEMENT &amp; GRANTS 06-14-04<BR></STRONG>The Board discussed the FFY 2003 Homeland Security Funds. Paula Phillips, Director of Emergency Management, stated that the Homeland Security Grant Allocations Task Force recently met to discuss how the FFY 2003 Part I alloca tion in the amount of $84,473 should be used to benefit first responders within Douglas County. The Allocations Task Force consists of representatives of all Douglas County first responder agencies and all were present for the discussion. The Task Force recommended the funds be allocated as follows:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>Building Security System for Baldwin City Police $10,000<BR>Building Security System for Eudora City Police $5,000<BR>Interoperability Communications System $25,000<BR>Mobile Data Communications for Mobile Command Center $10,000<BR>Portable Repeater for Mobile Command Center $15,000<BR>Tomes/Dolphin Subscription $6,300<BR>Patient Transport Liter $2,000<BR>Portable Generator for Hazardous Materials Vehicle $4,000<BR>Self-Contained Breathing Apparatus (SCBA) Face Pieces $5,000<BR>SKEDS -- Mass Casualty Patient Transport Devices $2,400</P></BLOCKQUOTE> <P><BR>Jones stated he was skeptical about the Tomes expenditure. </P> <P>Johnson noted the problem is the way the federal government spends money. Douglas County d&#160;sn't have any choice but to take the money and spend it in the best way possible and since the Commission d&#160;sn't have the expertise to determine the way it should be spent, they have to rely on the Task Force. He stated the County will be better off with safer equipment and he liked the process of all entities being engaged in the decision making process.</P> <P>McElhaney stated he would like some time to research the SKEDS equipment. </P> <P>It was the consensus of the Board to table final approval of this item until McElhaney has had an opportunity to research the SKEDS equipment. No action was taken.</P> <P><STRONG>RESOLUTIONS 06-14-04<BR></STRONG>The Board discussed a proposed Home Rule Resolution imposing permitting requirements and regulations on fireworks displays. No action was taken.</P> <P><STRONG>ACCOUNTS PAYABLE 06-14-04<BR></STRONG>Johnson moved approval of accounts payable in the amounts of $12,018.00 to be paid 06/08/04 and $72,897.07 to be paid 06/14/04; accounts payable manual checks in the amount of $1,368.24; payroll in the amount of $619,003.08; and electronic funds transfers in the amounts of $45,550.20 for FICA and $36,316.28 for KPERS to be paid 06/11/04. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>APPOINTMENTS &amp; EMERGENCY MANAGEMENT 06-14-04</STRONG><BR>Jones made a motion that Bob Newton be reappointed to the Douglas County Emergency Management Board for a one-year term which shall expire on 07/01/05. Motion was seconded by Johnson and carried unanimously.</P> <P>McElhaney made a motion to adjourn; Johnson seconded and the motion carried<BR>unanimously.</P> <P></P> <P>______________________________ ________________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>______________________________ ________________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Member</P>

<P>Jones called the meeting to order at 8:30 A.M. on Monday, June 21, 2004 with all members present. The Pledge of Allegiance was recited.</P> <P>Johnson moved approval of the minutes of February 16, February 23, February 25, March 1, March 8, and March 15, 2004; motion was seconded by Jones and carried unanimously.</P> <P><STRONG>CONSENT AGENDA 06-21-04</STRONG><BR>McElhaney moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5248. Order is on file in the office of the County Clerk;</LI> <LI>Pull the item "Consider approval of FFY 2003 Homeland Security Funds" for discussion; and</LI> <LI>Approve Stull United Methodist Church fireworks display scheduled for July 3, 2004.</LI></UL> <P>Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>EMERGENCY MANAGEMENT &amp; GRANTS 06-21-04<BR></STRONG>At their meeting on June 14, 2004, the Board discussed the FFY 2003 Homeland Security Funds. McElhaney had requested deferral of this item in order to research the SKEDS equipment as recommended for the grant. After discussion Jones made a motion to approve the FFY 2003 Homeland Security Funds as follows:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>Building Security System for Baldwin City Police $10,000<BR>Building Security System for Eudora City Police $5,000<BR>Interoperability Communications System $25,000<BR>Mobile Data Communications for Mobile Command Center $10,000<BR>Portable Repeater for Mobile Command Center $15,000<BR>Tomes/Dolphin Subscription $6,300<BR>Patient Transport Liter $2,000<BR>Portable Generator for Hazardous Materials Vehicle $4,000<BR>Self-Contained Breathing Apparatus (SCBA) Face Pieces $5,000<BR>SKEDS -- Mass Casualty Patient Transport Devices $2,400</P></BLOCKQUOTE> <P><BR>Motion was seconded by Johnson and carried with McElhaney opposed.</P> <P><STRONG>RESOLUTIONS 06-21-04</STRONG><BR>The Board discussed a Joint Resolution of The City Commission of the City of Lawrence, Kansas (the "City") and The Board of County Commissioners of Douglas County, Kansas (the "County") establishing the ECO2 Commission. Jones made a motion to approve Resolution No. 04-22, a Joint Resolution of The City Commission of the City of Lawrence, Kansas (the "City") and The Board of County Commissioners of Douglas County, Kansas (the "County") establishing the ECO2 Commission. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>PURCHASING, PUBLIC WORKS &amp; AGREEMENTS 06-21-04</STRONG><BR>The Board considered approval of a recommendation of a contract for the lease and laundry service of uniforms for the Public Works Operations Division. Jackie Waggoner, Purchasing Agent, explained that the Public Works Department currently leases twenty-nine (29) sets. Each set of uniforms consist of five (5) pairs of pants and five (5) shirts. Walker Towel &amp; Uniform provided the lowest overall bid with a one-year (1) contract with the option to renew for two (2) additional years. Johnson made a motion to accept the low bid received from Walker Towel &amp; Uniform for uniforms for the Public Works Operations Division; motion was seconded by Jones and carried unanimously.</P> <P><STRONG>OUT-DISTRICT TUITION STATEMENTS 06-21-04 <BR></STRONG>Jones moved approval of the eleven (11) Out-District College Tuition statements in the amount of $15,612; Johnson seconded and the motion carried with McElhaney opposed. </P> <P><STRONG>PUBLIC WORKS 06-21-04</STRONG><BR>The Board conducted a work session with the Kansas Department of Transportation to discuss the planned US 59 freeway construction project. No action was taken.</P> <P><STRONG>ACCOUNTS PAYABLE 06-21-04</STRONG><BR>Jones moved approval of accounts payable in the amounts of $214,634.78 and $148,095.03 to be paid 06/21/04 and payroll in the amount of $600,818.36 to be paid 06/11/04. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>APPOINTMENTS &amp; PLANNING 06-21-04<BR></STRONG>Jones made a motion to reappoint John Haase to the Lawrence-Douglas County Metropolitan Planning Commission for a three-year term which shall expire 05/31/07. Motion was seconded by McElhaney and carried unanimously.</P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P></P> <P>______________________________ ________________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>______________________________ ________________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P>

<P>Johnson called the special meeting to order via conference call at 3:45 P.M., on Wednesday, June 23, 2004, with Jones present via cellular telephone and McElhaney present. The purpose of the special meeting was to consider recom mendations for use of grant expenditures of FFY2004 State Homeland Security Grant Program projects.</P> <P><STRONG>EMERGENCY MANAGEMENT &amp; GRANTS 06-23-04</STRONG><BR>Paula Phillips, Director of Emergency Management, presented the FFY2004 Kansas Homeland Security Grant Program Allocations for Douglas County. </P> <P>Jones joined the meeting at 3:55 P.M.</P> <P>Johnson made a motion to approve the following grant allocations:</P> <P> <TABLE cellSpacing=0 cellPadding=8 width=576 border=0> <TBODY> <TR> <TD width="83%" height=26><FONT face=Arial> <P>New generator for Judicial &amp; Law Enforcement Center</FONT></P></TD> <TD width="17%" height=26><FONT face=Arial> <P align=right>$100,000</FONT></P></TD></TR> <TR> <TD width="83%" height=26><FONT face=Arial> <P>Security systems for water and electric utilities in Baldwin City</FONT></P></TD> <TD width="17%" height=26><FONT face=Arial> <P align=right>$75,000</FONT></P></TD></TR> <TR> <TD width="83%" height=26><FONT face=Arial> <P>Security systems for water utilities in Lawrence</FONT></P></TD> <TD width="17%" height=26><FONT face=Arial> <P align=right>$60,000</FONT></P></TD></TR> <TR> <TD width="83%" height=26><FONT face=Arial> <P>Security systems for water and electric utilities in Eudora</FONT></P></TD> <TD width="17%" height=26><FONT face=Arial> <P align=right>$60,000</FONT></P></TD></TR> <TR> <TD width="83%" height=26><FONT face=Arial> <P>New air packs for use by rural firefighters</FONT></P></TD> <TD width="17%" height=26><FONT face=Arial> <P align=right>$55,000</FONT></P></TD></TR> <TR> <TD width="83%" height=26><FONT face=Arial> <P>X-ray machine to be posted at the entrance of the Judicial &amp; Law Enforcement Center</FONT></P></TD> <TD width="17%" height=26><FONT face=Arial> <P align=right>$42,000</FONT></P></TD></TR> <TR> <TD width="83%" height=26><FONT face=Arial> <P>New security system server for the Lawrence Police Department</FONT></P></TD> <TD width="17%" height=26><FONT face=Arial> <P align=right>$35,000</FONT></P></TD></TR> <TR> <TD width="83%" height=26><FONT face=Arial> <P>Portable radios, mobile data terminals and other communications equipment for Douglas County Sheriff’s Department</FONT></P></TD> <TD width="17%" height=26><FONT face=Arial> <P align=right>$32,500</FONT></P></TD></TR> <TR> <TD width="83%" height=26><FONT face=Arial> <P>Coordination of volunteer efforts</FONT></P></TD> <TD width="17%" height=26><FONT face=Arial> <P align=right>$29,158</FONT></P></TD></TR> <TR> <TD width="83%" height=26><FONT face=Arial> <P>Communications equipment for Baldwin City Police Department</FONT></P></TD> <TD width="17%" height=26><FONT face=Arial> <P align=right>$22,500</FONT></P></TD></TR> <TR> <TD width="83%" height=26><FONT face=Arial> <P>Impact-resistant windows and doors at Baldwin City’s police headquarters</FONT></P></TD> <TD width="17%" height=26><FONT face=Arial> <P align=right>$15,000</FONT></P></TD></TR> <TR> <TD width="83%" height=26><FONT face=Arial> <P>Security monitoring for Lawrence Police Department</FONT></P></TD> <TD width="17%" height=26><FONT face=Arial> <P align=right>$15,000</FONT></P></TD></TR> <TR> <TD width="83%" height=26><FONT face=Arial> <P>Communications equipment for the Eudora Police Department</FONT></P></TD> <TD width="17%" height=26><FONT face=Arial> <P align=right>$10,000</FONT></P></TD></TR> <TR> <TD width="83%" height=26><FONT face=Arial> <P>Miscellaneous equipment</FONT></P></TD> <TD width="17%" height=26><FONT face=Arial> <P align=right>$17,864</FONT></P></TD></TR></TBODY></TABLE><FONT face=Arial></FONT></P> <P>Jones noted reservations of the process by which this was accomplished, and seconded the motion which carried unanimously.</P> <P>Johnson stated for the record that a discussion needs to be set up in the next week to discuss agenda procedures. </P> <P>Johnson made a motion to adjourn; Jones seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>______________________________&nbsp;&nbsp;&nbsp;&nbsp; ________________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Bob Johnson, Member</P> <P>ATTEST:</P> <P>______________________________&nbsp;&nbsp;&nbsp;&nbsp; ________________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P>

<P>Jones called meeting to order at 8:37 A.M. on Monday, July 12, 2004 with all members present. The Pledge of Allegiance was recited.</P> <P>Jones moved approval of the minutes of June 28, June 29, June 30, and July 6, 2004. Johnson seconded and the motion carried unanimously.</P> <P><STRONG>CONSENT AGENDA 07-12-04</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5251. Order is on file in the Office of the County Clerk;</LI> <LI>Note receipt of fee reports for the month of May; and</LI> <LI>Approve FFY 2005 Cooperative Agreement Program/State and Local Assistance Grant.</LI></UL> <P>Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 07-12-04</STRONG><BR>Lynn Parman, Vice President of Economic Development, Lawrence Chamber of Commerce, presented the Economic Development Report. No action was taken.</P> <P><STRONG>PUBLIC WORKS 07-12-04</STRONG><BR>Keith Browning, Director of Public Works/County Engineer, presented visual displays depicting local road issues related to planned U.S. 59 freeway construction. It was the consensus of the Board to schedule a work session on August 18, 2004 at the Douglas County Fairgrounds. No action was taken.</P> <P><STRONG>ACCOUNTS PAYABLE 07-12-04</STRONG><BR>Johnson moved approval of accounts payable in the amount of&nbsp; $2,301,263.05 to be paid 07/12/04; accounts payable manual checks in the amount of $1,368.24; payroll in the amount of $609,133.91; and electronic funds transfers in the amounts of $44,769.14 for FICA and $37,968.96 for KPERS to be paid 07/09/04. Motion was seconded by Jones and carried unanimously.</P> <P>&#160;McElhaney made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P>

<P>Jones called the meeting to order at 6:39 P.M. on Wednesday, July 14, 2004 with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 07-14-04</STRONG><BR>Johnson moved approval of the following Consent Agenda:</P> <UL> <LI>Authorize Notice to Clinton Township for Megan Heibert as Clinton Marina, Inc., to sell cereal malt beverages at retail for consumption on the premises.</LI></UL> <P>Jones seconded and the motion carried unanimously.</P> <P><STRONG>COMMUNITY CORRECTIONS, GRANTS &amp; BUDGET 07-14-04<BR></STRONG>Ron Stegall, Director of Community Corrections, conducted a brief presentation outlining the FY2005 Community Corrections and SB123 Supervision Grant Funds Budget Summary and Budget Narrative and FY2005 Carryover Reimbursements Plan. Johnson moved approval of the 2005 Award of Grant Funds and Carryover of Reimbursement; motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PLANNING 07-14-04</STRONG><BR>The Board considered Item No. 2 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated June 23, 2004. This item is CUP-05-02-04: Conditional Use Permit request for Eudora East Interceptor Sewer, Phase I, for construction of a pump station. The property is located at 2202 N 1420 Road. Submitted by Burns &amp; McDonnell for the City of Eudora, applicant, and Mr. &amp; Mrs. Alf T. Oleson, property owners of record. Sandra Day, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. This item comes to the Board with a unanimous recommendation for approval by the Lawrence-Douglas County Metropolitan Planning Commission and the Eudora Planning Commission based on the following Findings of Fact:</P> <P><STRONG>FINDINGS OF FACT</STRONG></P> <P><STRONG>Zoning and uses of property nearby.</STRONG> The subject property is located adjacent to the east city limits of Eudora and is surrounded by residential uses to the west and agricultural uses in all other directions including some rural residential uses.</P> <P><STRONG>Character of the area.</STRONG> The subject site is described as a tract of land approximately 22 acres in size. The property is located on the north side of N 1420 Road (W. 7th Street in the City of Eudora). The property is relatively wooded along the western portion. The subject property is located on the fringe of the existing urban area.</P> <P><STRONG>Suitability of subject property for the uses to which it has been restricted. </STRONG>The property is agriculturally zoned and undeveloped. Based on the zoning and land uses of adjoining property, the subject property is suited to the uses to which it has been restricted. Conditional Use Permits (CUP's) are designed to allow special and unique land uses to occur. The use is designated as a public utility and therefore requires the approval of a CUP. The subject property is located within the Urban Growth Area for Eudora and ultimately will be annexed and rezoned at that time. The subject property abuts the east city limit. The area within the existing city limits is zoned residentially.</P> <P><STRONG>Length of time subject property has remained vacant as zoned.</STRONG> The subject area has been zoned A (Agricultural) District since the adoption of the zoning regulations in the unincorporated portions of Douglas County in 1966.</P> <P><STRONG>Extent to which removal of restrictions will detrimentally affect nearby property.</STRONG> The development of this use on this site is not anticipated to detrimentally affect nearby property. The proposed wet well and valve vault, to be located below ground, will be located approximately 42 feet north of the right- of-way and the control building and monopole will be located an additional 40' north of those structures. The proposed improvements will allow the City of Eudora to retire two lift stations and reduce the staff demand for maintenance. Access to the site will be provided from N 1420 Road along an existing path used for field access. The building will not be staffed.</P> <P><STRONG>Relative gain to the public health, safety and welfare by the destruction of the value of the petitioner's property as compared to the hardship imposed upon the individual landowners.</STRONG> Evaluation of the relative gain weighs the benefits to the community-at-large vs. the benefit of the owners of the subject property. Benefits are measured based on anticipated impacts of the rezoning request on the public's health, safety and welfare. The City of Eudora is requesting this Conditional Use Permit to allow for facility improvements to the municipal sanitary sewer system. This improvement will benefit the community by eliminating the maintenance demands for existing lift stations and ensure adequate sanitary sewer capacity for future development.</P> <P><STRONG>Conformance with <EM>The Comprehensive Plan</EM>.</STRONG> The Conditional Use Permit for the proposed facility is not in conflict with <EM>Horizon 2020</EM> or with the City of Eudora's comprehensive plan. There is no adopted master plan for the City of Eudora.</P> <P><BR>AND subject to the following condition:</P> <P>&nbsp;1.&nbsp;Obtain a development permit from Douglas County, if required, for placing a structure within the Flood Plain Management Area.</P> <P>Jones made a motion to approve CUP-05-02-04 based upon the above Findings of Fact and subject to the above condition. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>PLANNING 07-14-04</STRONG><BR>The Board considered Item No. 10A of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated June 23, 2004. This item is Z- 05-18-04: A request to rezone a tract of land approximately 159.32 acres from A (Agricultural) District to A-1 (Suburban Home) District. The property is generally described as being located at the northeast corner of E 50 Road and N 1600 Road along County Road 442 (1636 E 50 Road). Submitted by Bartlett and West Engineers, Inc., for Core Investments, LLC, and Martin B. and Doris J. Caldwell, property owners of record. Sandra Day, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. This item comes to the Board with a unanimous recommendation to deny the rezoning based on the following Findings of Fact:</P> <P><STRONG>FINDINGS OF FACT</STRONG></P> <P><STRONG>Zoning and uses of property nearby.</STRONG> All of the property surrounding the subject tract is zoned A (Agricultural) District with a number of single-family homes developed on large tracts of land that include agricultural activities. Martin Marrietta Quarry is located northwest of the subject property.</P> <P><STRONG>Character of the area.</STRONG> Land uses surrounding the subject property consist of agricultural uses combined with rural single-family residences. No residential subdivision is contiguous to the subject property.</P> <P><STRONG>Suitability of subject property for the uses to which it has been restricted.</STRONG>The subject property is located outside of any identified Urban Growth Area. The subject property is immediately contiguous to A (Agricultural) District zoned property in all directions. The subject property is not contiguous to any platted subdivision. Based on the site location, surrounding uses and the comprehensive plan Horizon 2020 (specifically the Growth Management Policy), the subject property is currently suited for the uses to which it has been restricted.</P> <P><STRONG>Length of time subject property has remained vacant as zoned.</STRONG> The subject property is currently developed with a rural single-family residence and outbuilding. The property has been zoned A (Agricultural) District since the adoption of county zoning.</P> <P><STRONG>Extent to which removal of restrictions will detrimentally affect nearby property.</STRONG> Approval of a rezoning from A (Agricultural) District to A-1 (Suburban Home Residential) District may impact the surrounding agricultural and low- density residential character of the area by introducing a higher density use outside of the Urban Growth Area and non-contiguous to another platted subdivision. It is recognized that there is a need to address direct access to county roads in a manner that achieves safety to the greatest extent possible. This is representative of a type of "leapfrog" development as the area is beyond the planning horizon of either Lecompton or Lawrence to serve in the next 20+ years. Once zoned and platted, this development would provide the platted subdivision criteria for additional suburban development.</P> <P><STRONG>Relative gain to the public health, safety and welfare by the destruction of the value of the petitioner's property as compared to the hardship imposed upon the individual landowners.</STRONG> There is a potential for this rezoning and subsequent plat to have a negative impact on surrounding A (Agricultural) District land because of an increase in residential density and future impact of converting other A District land for higher density residential uses. Denial of the request will not destroy the value of the petitioner's property since it may be subdivided through an alternative means. The identified community benefit is the improved vehicular access and safety to the County Road network provided through platting of internal streets rather than direct access to a County Arterial Road.</P> <P><STRONG>Conformance with <EM>The Comprehensive Plan</EM>.</STRONG> The rezoning application is located in the area defined as the rural area and beyond the designated UGA for "which city services cannot easily be extended over a given period of time and are unrelated to any capital improvement project or service delivery plans of nearby incorporated cities or designated urban growth areas." The property is not adjacent to another platted subdivision. The only ability to assure cluster development and retain agricultural continuity is through the subdivision process. The proposed request is not consistent with the land use recommendations related to the proximity of the Urban Growth Area and therefore is not consistent with <EM>Horizon 2020</EM>.</P> <P>Day noted that no protest petition has been received for this request.</P> <P>Johnson questioned various statements in the staff report. </P> <P>Jones stated he believed it would be fiscally irresponsible to build subdivisions all over the county and approving this would be bad public policy. He also stated that he did not like the proximity to the quarry. The dilemma is that if the Board d&#160;s not approve the request, the owners can use the 5-acre exemption to do something worse. The 5-acre exemption laws need to be addressed.</P> <P>McElhaney stated he had been asking that the 5-acre exemption laws be addressed for years. McElhaney noted that the Kanwaka Township officials were in support of the request.</P> <P>Jones stated that since there was a unanimous vote from the Planning Commission for denial, he would be hard pressed not to follow their recommendation.</P> <P>Charlie Dominguez spoke as a member of the corporation owning the property, and provided an overview of the property and the corporation's development intent. Dominguez stated their number one issue is safety and he didn't believe that the contiguation and UGA issues should override safety.</P> <P>Leatha Worthington, nearby property owner, spoke in favor of the proposed project. She cited concerns about what could happen with the 5-acre exemption if the project was not approved.</P> <P>Keith Browning, Director of Public Works/County Engineer, addressed the road safety aspect of the proposal. He noted it is clear that a series of entrances on Route 452 is not desirable. It was his viewpoint that by platting, there would be an opportunity to ask for dedications for future road improvements. </P> <P>Johnson stated there should be some alternative to the 5-acre exemption. He also stated he would prefer not to vote on this issue until the report from the Rural Subcommittee has been received. </P> <P>McElhaney stated that he was not in favor of the proposal personally. However, from a professional standpoint, he was in favor. He noted support from Kanwaka Township and the Kanwaka Fire Department and the fact that neighbors were in support. He also stated he preferred the single entrance versus the possibility of eight (8) entrances.</P> <P>Dominguez raised concerns about potential costs associated with the delay. Jones stated the Board's delay would not cost the applicant any additional fees. It was the consensus of the Board to defer this item until the Board has met with the Rural Subcommittee on August 16, 2004. No action was taken.</P> <P>&#160;Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P>

<P>Jones called the meeting to order at 8:34 A.M. on Monday, July 19, 2004 with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 07-19-04</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <UL> <LI>Approved Commissioners Order No. 5252. Order is on file in the office of the County Clerk; and</LI> <LI>Approve Supplemental Agreement for Construction Inspection Services for Project No. 23-C-3472-01, Route 442 Safety Improvements.</LI></UL> <P>Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 07-19-04</STRONG><BR>The Board discussed a proposal from the Early Learning Opportunities Act (ELOA) requesting authorization to designate the Success BY 6 Coalition of Douglas County as the eligible Local Council for Douglas County, Kansas for the purposes of the ELOA discretionary grant program. Rich Minder was present for the discussion. Minder also requested that Douglas County authorize the Success By 6 Coalition to develop and submit an application to the Administration on Children, Youth and Families, Child Care Bureau. Minder explained the grant would:</P> <UL> <LI>provide for the enhancement of early childhood literacy;&nbsp;</LI> <LI>help parents, caregivers, childcare providers, and educators increase their capacity to facilitate the development of cognitive, language comprehension, expressive language, social emotional, and motor skills, and promote learning readiness; and</LI> <LI>increase access to early learning opportunities for young children with special needs, including developmental delays, by facilitating coordination with other programs serving such young children.</LI></UL> <P>Johnson questioned who would ultimately be responsible for management of the funds and requested that the County Counselor conduct research on the issue. </P> <P>Minder stated that the Board of Directors of Douglas County Child Development Association (DCCCA) has indicated interest in acting as the fiscal agent for the project. Minder also noted the grant is due on July 27th.</P> <P>Jones stated he was concerned because we have no sense of how much money we might receive. Jones indicated willingness to endorse the request but would like the County Counselor to review. No action was taken.</P> <P><STRONG>PURCHASING &amp; AMBULANCE 07-19-04</STRONG><BR>The Board discussed bids received for the purchase of two (2) medic units. Mark Bradford, Deputy Chief of the Lawrence-Douglas County Fire &amp; Medical Department, was present for the discussion. Bradford explained that bids were sent to seventeen (17) manufacturers and four (4) responded with the low bid being submitted by American Response Vehicles (AEV) in the amount of $389,998. A trade-in option was included in the bid which ranged from no offer to $3,000. Bradford requested permission to utilize E-Bay for the method of sale of the trade-in with a $3,000 plus costs as the reserve amount. McElhaney suggested that Bradford contact the local townships to see if they had any need for the trade-in. Johnson made a motion to approve the purchase of two (2) Type III ambulances from American Response Vehicles (AEV) in the amount of $389,998, and authorize the disposal of the trade-in unit by first offering it to the local townships or utilize E-Bay as the method of sale if a township d&#160;s not need the unit. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>ZONING &amp; RESOLUTIONS 07-19-04</STRONG><BR>The Board considered approval of a Home Rule Resolution imposing permitting requirements and regulations on fireworks displays. Jones made a motion to approve Home Rule Resolution No. HR-04-7-2 Imposing Permitting Requirements and Regulations on Fireworks Displays. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 07-19-04</STRONG><BR>Johnson moved approval of accounts payable in the amount of $215,747.07 to be paid 07/19/04; motion was seconded by Jones and carried unanimously.</P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>______________________________&nbsp;________________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>______________________________&nbsp;________________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P>

<P>Jones called the meeting to order at 8:33 A.M. on Monday, July 26, 2004 with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 07-26-04<BR></STRONG>Johnson moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5253. Order is on file in the office of the County Clerk;</LI> <LI>Approve Resolution No. 04-24 granting a cereal malt beverage license to Clinton Marina;</LI> <LI>Note receipt of Fee Reports for the month of June 2004; and</LI> <LI>Pull "Consider approval of ELOA Proposal for Douglas County" for discussion.</LI></UL> <P>Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 07-26-04</STRONG><BR>At their meeting on 07/19/04, the Board tabled a proposal from the Early Learning Opportunities Act (ELOA) requesting authorization to develop and submit an application to the Administration on Children, Youth and Families, Child Care Bureau. Johnson stated that after review by Evan Ice, County Counselor, he was comfortable with the make-up of the coalition and with authorizing Douglas County Child Development Association to act as fiscal agent for the project. </P> <P>McElhaney stated it should be known that if and when this grant ends, there should be no expectation for funding from this Commission or other Commissions. Minder responded that the projects are designed to be implemented without specifically addressing the County Commission or any other source for sustained funds after the grant. </P> <P>Johnson stated he did not want his vote to imply endorsement for future funding.</P> <P>Jones asked that the minutes reflect that the applicant assured the Commission he was in compliance with all conditions related to the grant requirements; and the Commission cautioned the applicant against any assumption to provide funding by the County Commission in support of this grant which would replace grant monies further down the road. Johnson made a motion to authorize the Chair to execute a letter designating the Success BY 6 Coalition of Douglas County as the eligible Local Council for the County of Douglas, Kansas, for the purpose of the Early Learning Opportunities Act (ELOA) discretionary grant program. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PURCHASING 07-26-04</STRONG><BR>The Board considered approval to access the U.S. Community Contract for the lease of copier equipment and maintenance. Jackie Waggoner, Purchasing Agent, stated that in the past, Douglas County has gone through a formal bidding process to purchase or lease copier equipment. Though continued interests to explore cooperative efforts, Waggoner became aware of the U.S. Communities copier contract. U.S. Communities is sponsored by NACO (National Association of Counties) and NIGP (National Institute of Government Purchasing), and was specifically created to help government agencies reduce their cost by combining the purchasing power of public agencies nationwide. The copier contract was developed through a nationwide bidding process at the manufacture level. Ricoh Corporation was awarded this contract. Since Ricoh was awarded the County's agreement last year, they are able to provide additional savings on the fourteen copiers rented last year. The manufacturer has a promotional trade-in offer of a 10% discount on new equipment costs which would equate to approximately $10,000 based on the replacement schedule. Waggoner recommended that the equipment be leased for 60 months rather than purchased. This would provide more flexibility in changing out the equipment as problems occur and also provides the ability to take advantage of technology changes. Jones made a motion to waive the bidding process of the Purchasing Policy and access the U.S. Communities contract through Ricoh Business Systems for the lease of copier equipment and maintenance. McElhaney seconded, and the motion carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 07-26-04</STRONG><BR>Johnson moved approval of accounts payable in the amount of $182,478.89 to be paid 07/26/04; accounts payable manual checks in the amount of $1,368.24; payroll in the amount of $608,736.26; and electronic funds transfers in the amounts of $44,739.48 for FICA and $37,911.86 for KPERS to be paid 07/23/04. Motion was seconded by Jones and carried unanimously.</P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P>

<P>McElhaney called the Special Meeting to order at 9:05 A.M. on Friday, August 6, 2004. Commissioners Jones and Johnson were absent. The purpose of the Special Meeting was to canvass the results of the primary general election which was held on August 3, 2004. </P> <P>In the absence of Commissioners Jones and Johnson, McElhaney appointed Dean Nieder and Sue Neustifter to serve as canvassers. </P> <P>Terry Campbell, on behalf of the Taff Campaign, stated for the record that on August 4, 2004, the Taff Campaign filed an open records request to review the poll books and the request was denied; Mr. Campbell cited a letter from the Attorney General to Wyandotte County indicating that the pool books were open records. </P> <P>Ice stated that the request was not denied, it just was not acted upon.</P> <P>Campbell then stated for the record that this was a functional denial. </P> <P>There were 397 provisional ballots. Jaimes broke the provisional votes in the following categories:</P> <P> <TABLE cellSpacing=0 cellPadding=8 width=546 border=0> <TBODY> <TR> <TD width="18%" height=26><FONT face=Arial size=2> <P align=center># BALLOTS</FONT></P></TD> <TD width="54%" height=26><FONT face=Arial size=2> <P>DESCRIPTION</FONT></P></TD> <TD width="29%" height=26><FONT face=Arial size=2> <P>RECOMMENDATION</FONT></P></TD></TR> <TR> <TD width="18%" height=26><FONT face=Arial size=2> <P align=center>54</FONT></P></TD> <TD width="54%" height=26><FONT face=Arial size=2> <P>Wrong precinct</FONT></P></TD> <TD width="29%" height=26><FONT face=Arial size=2> <P>Count</FONT></P></TD></TR> <TR> <TD width="18%" height=26><FONT face=Arial size=2> <P align=center>2</FONT></P></TD> <TD width="54%" height=26><FONT face=Arial size=2> <P>1<SUP>st</SUP> time voters in Douglas County, identification submitted</FONT></P></TD> <TD width="29%" height=26><FONT face=Arial size=2> <P>Count</FONT></P></TD></TR> <TR> <TD width="18%" height=26><FONT face=Arial size=2> <P align=center>7</FONT></P></TD> <TD width="54%" height=26><FONT face=Arial size=2> <P>Name changes</FONT></P></TD> <TD width="29%" height=26><FONT face=Arial size=2> <P>Count</FONT></P></TD></TR> <TR> <TD width="18%" height=26><FONT face=Arial size=2> <P align=center>43</FONT></P></TD> <TD width="54%" height=26><FONT face=Arial size=2> <P>Clerical errors -- should not have been voted provisionally</FONT></P></TD> <TD width="29%" height=26><FONT face=Arial size=2> <P>Count</FONT></P></TD></TR> <TR> <TD width="18%" height=26><FONT face=Arial size=2> <P align=center>181</FONT></P></TD> <TD width="54%" height=26><FONT face=Arial size=2> <P>Address changes</FONT></P></TD> <TD width="29%" height=26><FONT face=Arial size=2> <P>Count</FONT></P></TD></TR> <TR> <TD width="18%" height=26><FONT face=Arial size=2> <P align=center>2</FONT></P></TD> <TD width="54%" height=26><FONT face=Arial size=2> <P>Voted @ Courthouse -- couldn’t get to polling place in time</FONT></P></TD> <TD width="29%" height=26><FONT face=Arial size=2> <P>Count</FONT></P></TD></TR> <TR> <TD width="18%" height=26><FONT face=Arial size=2> <P align=center>1</FONT></P></TD> <TD width="54%" height=26><FONT face=Arial size=2> <P>Voter error</FONT></P></TD> <TD width="29%" height=26><FONT face=Arial size=2> <P>Count</FONT></P></TD></TR> <TR> <TD width="18%" height=26><FONT face=Arial size=2> <P align=center>15</FONT></P></TD> <TD width="54%" height=26><FONT face=Arial size=2> <P>Registered first time voters in Douglas County</FONT></P></TD> <TD width="29%" height=26><FONT face=Arial size=2> <P>Not Count</FONT></P></TD></TR> <TR> <TD width="18%" height=26><FONT face=Arial size=2> <P align=center>43</FONT></P></TD> <TD width="54%" height=26><FONT face=Arial size=2> <P>Change of party on Election Day</FONT></P></TD> <TD width="29%" height=26><FONT face=Arial size=2> <P>Not Count</FONT></P></TD></TR> <TR> <TD width="18%" height=26><FONT face=Arial size=2> <P align=center>48</FONT></P></TD> <TD width="54%" height=26><FONT face=Arial size=2> <P>Not previously registered in Douglas County</FONT></P></TD> <TD width="29%" height=26><FONT face=Arial size=2> <P>Not Count</FONT></P></TD></TR> <TR> <TD width="18%" height=26><FONT face=Arial size=2> <P align=center>1</FONT></P></TD> <TD width="54%" height=26><FONT face=Arial size=2> <P>Voter mailed in ballot and also went to polls</FONT></P></TD> <TD width="29%" height=26><FONT face=Arial size=2> <P>Not Count</FONT></P></TD></TR></TBODY></TABLE></P> <P>McElhaney made a motion to approve Jaimes' recommendations. Motion was seconded by Neustifter and carried unanimously.</P> <P>At 11:52 A.M., McElhaney made a motion that the Board recess until 4:30 P.M. in order to allow the Clerk's office to count the additional ballots. Motion was seconded by&nbsp; Neustifter and carried unanimously.</P> <P>The Board reconvened at 4:30 P.M. with all members present.</P> <P>No errors were found and the results of the election were not changed.</P> <P>McElhaney made a motion to adjourn; Nieder seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________ _____________________________<BR>Jere McElhaney, Member&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Dean Nieder</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp; Sue Neustifter<BR></P>

<P>Jones called the meeting to order at 6:30 P.M. on Wednesday, August 25, 2004 with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 08-25-04</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5258 and 5259. Orders or on file in the office of the County Clerk.</LI></UL> <P>Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>PUBLIC WORKS 08-25-04</STRONG><BR>The Board discussed local road issues in conjunction with the U.S. 59 freeway construction project. Keith Browning, Director of Public Works/County Engineer, was present for the discussion. No action was taken.</P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Jere McElhaney, Member</P>

<P>Jones called the meeting to order at 6:38 P.M. on Wednesday, September 1, 2004 with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 09-01-04</STRONG><BR>Johnson moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5261. Order is on file in the office of the County Clerk.</LI></UL> <P>McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>MISCELLANEOUS 09-01-04</STRONG><BR>At their meeting on April 28, 2004, the Board deferred action on a Petition for Approval of Attachment of Lands to Rural Water District No. 4, Douglas County, Kansas, received from Jill L. and Daniel S. Dickerson. It was the Board's desire to allow other individuals who might request attachment time to submit petitions to be acted upon at the same time. A new Petition for Attachment of Lands to Rural Water District No. 4, Douglas County, Kansas, has now been received and a Notice of Hearing was published in the Lawrence Daily Journal-World. Scott Schultz, District Administrator of Rural Water District No. 4, was present for the discussion. Jones asked for public comment. No public comment was received. Jones made a motion to close the public hearing; Johnson seconded and the motion carried unanimously.</P> <P>McElhaney made a motion to accept the annexation requests as identified in the Petition. Motion was seconded by Jones and carried unanimously.</P> <P>Jones then made a motion that staff be directed to prepare a map to be used as a guidance document noting the Board has reviewed the map and agrees that it makes sense to annex certain areas as petitioners come forward seeking annexation. Motion was seconded by Johnson and carried unanimously.</P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P><BR>______________________________&nbsp;________________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>______________________________&nbsp;________________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P> <P><BR>&nbsp;</P>

<P>Jones called the meeting to order at 8:37 A.M. on Monday, September 13, 2004 with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 09-13-04</STRONG><BR>Johnson moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5262 and 5263. Orders are on file in the office of the County Clerk.</LI></UL> <P>Jones seconded and the motion carried unanimously.</P> <P><STRONG>ZONING 09-13-04</STRONG><BR>The Board considered approval of a request for a Temporary Business Use Permit received from Donna Wingert for the retail sale of dried fruits and nuts at her residence at 693 E 1250 Road, Lawrence, KS. Keith Dabney, Director of Zoning &amp; Codes was present for the discussion. The hours of operation will be from 7:30 A.M. to 6:30 P.M. from November 1 through December 15, 2004. The proposed location of the Temporary Business Use Permit would be in Mrs. Wingert's accessory building located at her residence. It is anticipated the parking area would be sufficient for approximately 20 parking spaces and space available for 200 plus vehicles on a gravel surface. Jones made a motion to approve the Temporary Business Use Permit, seconded by Johnson and carried unanimously.</P> <P><STRONG>EMERGENCY MANAGEMENT &amp; PURCHASING 09-13-04</STRONG><BR>The Board considered approval to purchase three (3) outdoor warming sirens. Jackie Waggoner, Purchasing Agent, explained that these sirens would provide coverage for the following areas:</P> <UL> <LI>Baldwin -- no coverage east of 12th Street including the new school;</LI> <LI>Lawrence -- no coverage west of Wakarusa and Overland Drive; no coverage north of Harvard, between E 1000 and Wakarusa Drive; and</LI> <LI>Lawrence -- no coverage in the Miller Acres and Wells Acres area (north of I-70 between E1200 and Sunchase Drive off of N. Michigan).</LI></UL> <P>Each year Emergency Management allocates $5,000 into the Capital Equipment Reserve to plan for these expenses. </P> <P>In 1992, Douglas County participated in a cooperative bidding process with the City of Olathe serving as the lead agency. This contract was awarded to Blue Valley Public Safety with fixed pricing for two twelve-month periods, and the option to extend for additional twelve-month periods with a maximum percentage increase. Douglas County has not made any purchases from this contract since it was established. The contract has been renewed and the cost to purchase the three (3) sirens would be $54,520.20 plus $3,600 for rock clause, if needed. Johnson made a motion to approve the purchase of three (3) sirens from Blue Valley Public Safety in the amount of $54,520.20 plus $3,600 for rock clause, if needed; Jones seconded and the motion carried unanimously.</P> <P><STRONG>EMERGENCY MANAGEMENT 09-13-04</STRONG><BR>The Board conducted a Public Hearing on the Hazard Analysis and Mitigation Plan; Paula Phillips, Director of Emergency Management, conducted a brief presentation. Phillips explained the Plan will also be presented to the cities for public comment. The elected bodies can make recommended changes to be sent back to FEMA who will then determine whether or not they will approve. It will then return to the County Commission for adoption. Dennis Hayward, E-FM Consulting, also conducted a brief presentation. E-Fm Consulting was retained by Douglas County to conduct a countywide multi-hazard mitigation plan to comply with FEMA's Disaster Mitigation Act (DMA 2000). Funding was provided through a grant provided by Kansas Emergency Management to complete both a Hazard Analysis and the Mitigation Plan. Nancy Brown, member of the Baldwin City Council, was also present for the discussion. Jones then asked for public comment. No public comment was received. Jones made a motion to close the public hearing; seconded by Johnson and carried unanimously. No action was taken.</P> <P><STRONG>ACCOUNTS PAYABLE 09-13-04</STRONG><BR>Johnson moved approval of accounts payable in the amounts of $501,570.16 to be paid 09/07/04 and $112,065.54 to be paid 09/13/04; accounts payable manual checks in the amount of $1,945.59; payroll in the amount of $597,753.35; and electronic funds transfers in the amounts of $43,880.34 for FICA and $36,864.27 for KPERS to be paid 09/03/04. Motion was seconded by Jones and carried unanimously.</P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>______________________________&nbsp;________________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>______________________________&nbsp;________________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P>

<P>Jones called the meeting to order at 6:36 P.M. on Wednesday, September 15, 2004 with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 09-15-04<BR></STRONG>Jones moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5264 and 5265. Orders are on file in the office of the County Clerk; and</LI> <LI>Authorize Notice to Eudora Township for cereal malt beverage license to Clinton Township for Cecil Monday's Bar &amp; Grill.</LI></UL> <P>Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>PLANNING 09-15-04<BR></STRONG>The Board considered Item No. 12 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated 07/28/04. This item is a request to rezone a tract of land approximately 219 acres from A (Agricultural) District to A-1 (Suburban Home Residential) District. The property is generally described as being located at 873 E 675 Road. Submitted by Michael Nuffer for Gene and Brenda Ackerman, property owners of record. Jeff Tully, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. Tully explained that this item was discussed by the Board of County Commissioners on 06/30/04, and returned to the Planning Commission for reconsideration in light of a drainage study provided by the applicant, which showed a potential reduction in existing flood conditions in the Lone Star area. Tully stated the applicant has requested deferral if this item.</P> <P>Michael Nuffer, applicant, appeared before the Board and requested deferral. Nuffer stated he was not aware that this item was to be discussed at tonight's meeting. Nuffer indicated he needed additional time to prepare. </P> <P>Ron Wilson, Douglas County resident, said the applicant should not be granted a deferral -- a ruling should be made.</P> <P>James Carpenter, attorney retained to represent group of Lone Star neighbors, stated he felt that the applicant has had ample opportunity to put his proposal together. Carpenter urged the Commission to deny the deferral.</P> <P>Karl Birns, Douglas County resident, noted this was the 4th public meeting he had attended regarding this issue. Birns asked the Board not to grant the request for deferral.</P> <P>Jones stated he was not inclined to defer the request. </P> <P>McElhaney questioned the deferral process.</P> <P>Tully responded that the deferral typically comes from the applicant with written documentation.</P> <P>Sheila Stogsdill, staff member of the Lawrence-Douglas County Metropolitan Planning Department, stated that if a request for deferral is received the Monday before the meeting, it is generally deferred. However, if it is submitted on the night of the meeting, it is up to the Planning Commission. This request would be up to the County Commission. Stogsdill also noted that if the applicant should withdraw the rezoning request, it would be treated the same as a denial and there would be a one (1) year waiting period before the request could be resubmitted unless it was significantly different.</P> <P>Johnson stated he felt like the Commission should bend over backwards to move procedures to accommodate requests. He said he was irritated about the Planning Commission's denial to defer the original request, but tonight's request was a little different. Johnson questioned whether there was a reasonable expectation this rezoning request would be approved even if it was deferred. He didn't want to lead people along. Johnson admitted he was anxious to hear about the potential flooding issues. However, the study d&#160;s not indicate there would be a significant benefit to the community. Johnson also stated he had reservations about the cost of the project. A unanimous recommendation for denial has been received from the Planning Commission and he wasn't sure if the Board would be doing the applicant a favor by denial. </P> <P>The Chair entertained a motion to defer. No motion was offered.</P> <P>Craig Weinaug, County Administrator, stated that a protest petition was received but was declared invalid based upon the procedural (timing) aspect. Weinaug also stated this was based on a written opinion prepared by the County Counselor.</P> <P>Price Banks, attorney representing the applicant, noted that it is not unusual for a planning and development project to take months, even years to refine. This is a unique undertaking. This project has the potential to solve a problem and Banks urged the Board to approve the request.</P> <P>Scott Mesler, Douglas County resident, stated he was opposed to the rezoning request. </P> <P>Beverly Wilson, Douglas County resident, also spoke in opposition.</P> <P>Jones made a motion to deny Z-02-03-04. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>PLANNING 09-15-04</STRONG><BR>The Board considered Item No. 7A of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated August 25, 2004. This item is Z-06-24-04 A request to rezone a tract of land approximately 65 acres from A (Agricultural) District to A-1 (Suburban Home Residential) District. The property is generally described as being located west of E 1200 Road, east of E 1100 Road, and south of N 1000 Road. Submitted by Landplan Engineering, P.A., for Rodney J. and Mary M. Barnes, property owners of record. Jeff Tully, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. This item comes to the Board with a recommendation for approval based upon the following Findings of Fact:</P> <P><STRONG>FINDINGS OF FACT</STRONG></P> <P><STRONG>Zoning and uses of property nearby.</STRONG> All of the property surrounding the subject tract is zoned A (Agricultural) District with a number of single-family homes/farm residences developed on large tracts of land. A variety of agricultural uses can also be found on property surrounding the subject tract.</P> <P><STRONG>Character of the area.</STRONG> Land uses surrounding the subject property consist of a variety of agricultural uses combined with farm and suburban single-family residences. No residential subdivision is contiguous to the subject property. The subject property is within the boundary of the recently expanded Lawrence Urban Growth Area.</P> <P><STRONG>Suitability of subject property for the uses to which it has been restricted. </STRONG>The subject property is immediately contiguous to A (Agricultural) District zoned property in all four geographic directions. These lands feature a variety of agricultural uses with farm and suburban single-family residences on large tracts of land. The subject property is not contiguous to any platted subdivision, but is located inside the recently expanded Lawrence Urban Growth Area. Based on the site location, surrounding uses and the comprehensive plan, Horizon 2020, the subject property is currently suited for the uses to which it has been restricted.</P> <P><STRONG>Length of time subject property has remained vacant as zoned.</STRONG> The subject property is not currently vacant and has been zoned A (Agricultural) District since 1966.</P> <P><STRONG>Extent to which removal of restrictions will detrimentally affect nearby property.</STRONG> While the subject property is located within the recently expanded Lawrence Urban Growth Area, approval of a rezoning from A (Agricultural) District to A-1 (Suburban Home Residential) District may impact the surrounding agricultural and low-density residential character of the area by introducing a higher density use. Once rezoned and platted, this development may encourage adjacent parcelization and suburban development.</P> <P><STRONG>Relative gain to the public health, safety and welfare by the destruction of the value of the petitioner's property as compared to the hardship imposed upon the individual landowners.</STRONG> While the subject property is located within the recently expanded Lawrence Urban Growth Area, there is a potential for this rezoning and subsequent plat to have a negative impact on surrounding A (Agricultural) District land because of an increase in residential density and future impact of converting other A District land for higher density residential uses. Denial of the request will not destroy the value of the petitioner's property and approval of the rezoning will have little benefit to the public health, safety and welfare.</P> <P><STRONG>Conformance with <EM>The Comprehensive Plan</EM>.</STRONG> The rezoning application is consistent with the policies and guidelines of <EM>Horizon 2020</EM>.</P> <P>AND subject to the following conditions:</P> <P>&nbsp;1.&nbsp;Property owner agrees to annex the subject property into the Lawrence City Limits when it becomes contiguous with Lawrence City Limits; and<BR>&nbsp;2.&nbsp;Approval and filing of a final plat at the Register of Deeds Office.</P> <P>Tully noted that a protest petition had been filed and it was determined to be a valid protest petition.</P> <P>Keith Browning, Director of Public Works/County Engineer, stated the comments submitted by the Public Works Department were that the development could put pressure on Wakarusa Township to improve the road.</P> <P>Ernie Butell, Wakarusa Township Trustee, stated he didn't see any problem with the development. Butell presented a letter from the Barnes indicating they would agree to pay for any surface improvements once the homes are built. Butell also indicated he had no concerns about the safety of the road.</P> <P>Tim Herndon, LandPlan Engineering, conducted a brief presentation. Herndon stated that it was his understanding that areas outside the UGA are required to be contiguous, but areas inside UGA do not have that requirement. He was under the distinct impression that the UGA boundary would determine whether contiguity was an issue.</P> <P>Rod Barnes, applicant, made brief comments.</P> <P>Jeff Randall, nearby property owner, stated he was opposed to the request noting road safety concerns.</P> <P>Hank Booth, Douglas County resident, spoke on behalf of his sister, Bette Booth, nearby property owner. Booth requested denial of the request.</P> <P>Gerald Dyer, Douglas County resident, stated the problem is the people, not the road.</P> <P>LaDonna Lickteig, Douglas County resident, noted that 1900 Road at the&nbsp; intersections of 1000 and 1900 have become a main artery coming out of Johnson County. She has witnessed semi trucks traveling these roads in order to avoid weighing and using it as a shortcut around the city.</P> <P>John Selk, LandPlan Engineering, stated he had personally gone out to observe the traffic. He looked at speeds and the density of the traffic to see if there were any problems based on the geometry of the road. He stated he didn't believe there were problems from a speed perspective. </P> <P>Johnson stated that contiguity was not an issue for him inside the UGA.&nbsp; He noted this was what he believed the Commission wanted people to do. </P> <P>McElhaney stated that this was why he was reluctant to expand the UGA. He also stated he appreciated the agreement from the applicants regarding the road and indicated his support for the request.</P> <P>Jones stated the Board needs to work on the contiguity issue -- either change it or honor it. He believes the road is problem -- there will be accidents and it's not just a matter of resurfacing. He would like to see some clear plan as to when and how the road improvements are made. He then indicated he would go along with the other Commissioners.</P> <P>Johnson made a motion to approve the rezoning request (Z-06-24-04) based on the above Findings of Fact and subject to the above conditions. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PLANNING 09-15-04</STRONG><BR>At their meeting on 08/30/04, the Board deferred action on SP-07-44-04: A site plan for River of Fire Church and Daycare, to be located at the former Bishop Seabury Academy site at 1411 E 1850 Road. Submitted by Tom Wilson with the River of Fire Church for Victor Shenouda, property owner of record. Paul Patterson, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. Patterson explained that this request is a revised site plan to include a church in conjunction with a previously approved Child Care Center. The facility is located in the unincorporated portion of Douglas County between Lawrence and Eudora, on 5 acres on the west side of E 1850 Road, approximately 300' north of N 1400 Road.</P> <P>River of Fire is proposing to oversee the management of the Child Care Center. The River of Fire will also have their church office in the building, with 1 to 2 employees of the church. Church services would be held in the gymnasium. The River of Fire Church services are currently held on Sunday mornings, however, they will, at times, also have some meetings in the evenings. The Sunday morning services currently begin at 9:30 A.M. When they do have evening or special meetings they usually begin at 7:00 P.M. and end at approximately 10:00 P.M.</P> <P>A Conditional Use Permit for the Child Care Center was approved by the County Commission on November 17, 2003. </P> <P>Patterson noted concerns received from the property owner south of the site regarding the establishment of a "safety" fence along the south and west property lines. </P> <P>Jones made a motion to approve SP-07-44-04 subject to the following conditions:</P> <P>&nbsp;1.&nbsp;Provision of a copy of the approved license from the Douglas County Health Department prior to the operation of the child care facility;<BR>&nbsp;2.&nbsp;Revise the Site Plan, Parking Provided Section, to read: "Parking Requirement -- 40 parking spaces (1 parking space per 5 seats in church auditorium, 196 seats/5 = 40 parking spaces)." "Parking provided -- Existing parking -- 49 stalls with 2 ADA accessible stalls; and<BR>&nbsp;3.&nbsp;The applicant work with the neighbors to resolve fencing issues.</P> <P>Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 09-15-04</STRONG><BR>At 8:57 P.M., Jones made a motion that the Board recess to go into executive session until 9:20 P.M. with Paula Phillips, Director of Emergency Management, to discuss matters related to security. Motion was seconded by Johnson and carried unanimously. The Board returned to regular session at 9:15 P.M. No action was taken.</P> <P>&#160;Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>______________________________&nbsp;________________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>______________________________&nbsp;________________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P>

<P>Jones called the meeting to order at 8:33 A.M. on Monday, September 20, 2004 with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 09-20-04</STRONG><BR>Johnson moved approval of the following Consent Agenda:</P> <UL> <LI>Note receipt of Fee Reports for the month of August 2004; and</LI> <LI>Approve 2005 Phase Delineation Chart.</LI></UL> <P>Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>SHERIFF &amp; AGREEMENTS 09-20-04<BR></STRONG>Jones made a motion to waive the bid requirement of the Purchasing Policy and approve the Contract for Architectural Services with Dan Rowe, Treanor Architects, P.A., for renovation of the work release pod into a secure pod in the amount of $20,276. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 09-20-04<BR></STRONG>Jones made a motion to approve the final Lawrence Regional Technology Center documents regarding the Proposal for the Purchase of an Incubator Building. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 09-20-04<BR></STRONG>The Board discussed a proposed resolution petitioning the Kansas Association of Counties for an amendment to its Bylaws, creating a Legislative Policy Committee and establishing the purpose and membership thereof via conference call with Jerry Carson, Labette County Commissioner. Carson explained that at their meeting in May, the Kansas County Commissioners Association (KCCA) created a KCCA Visioning Committee which was charged to formulate recommendations on how to strengthen the role of county commissioners in decision making in the Kansas Association of Counties (KAC) organization. The Committee ultimately decided the essential first step is to strengthen commissioners' role in the development of the KAC Legislative Policy Statement. The Committee recommends an amendment to the KAC Bylaws that will accomplish this objective. The amendment would:</P> <UL> <LI>authorize in the KAC Bylaws creation of a standing 12-person Legislative Policy Committee (current KAC Bylaws are silent concerning any legislative policy committee);</LI> <LI>specify size and composition of the Legislative Policy Committee so that county commissioners hold a majority of the seats on the committee as follows:</LI> <UL> <LI>six commissioners on the KAC Governing Board, or their designees, representing the Northwest, North Central, Northeast, Southwest, South Central, and Southeast districts;</LI> <LI>the president and vice-president of the Kansas County Commissioners Association, or their designees;</LI> <LI>one county clerk, one county treasurer, one register of deeds and one sheriff, each selected by his or her respective affiliate association;</LI></UL> <LI>invite each of the KAC's other associate and affiliate members not otherwise on the Legislative Policy Committee, to designate one ex- officio committee member;</LI> <LI>develop and recommend an annual Legislative Policy Statement for presentation to the KAC membership for its consideration and adoption at the KAC Annual Meeting; and</LI> <LI>adopt legislative position statements on topics not addressed in the Legislative Policy Statement and which arise during the legislative session. Such positions shall have the same full force and effect as if they had been adopted by the membership.</LI></UL> <P>Carson asked for the Board's support of this amendment.</P> <P>Jones stated he had heard rumors that if this amendment was passed, the register of deeds, treasurers, and sheriffs would consider pulling out of the KAC. Carson responded this would represent about a 5% decrease in attendance. He also stated that he hoped that once emotions died down, they would reconsider.</P> <P>Jones asked how many other counties had passed the resolution. Carson's response was that eight (8) counties have definitely said they would not pass the resolution; approximately fifty-three (53) have indicated they would support it, and another nine (9) have indicated they were in the process of consideration.</P> <P>Keith Browning, Director of Public Works/County Engineer, stated that the Kansas County Highway Association did not support the amendment. </P> <P>Pat Wells, Treasurer, stated there was a very good chance the Treasurer's Association would withdraw from the KAC if the amendment passed.</P> <P>Kay Pesnell, Register of Deeds, stated the Register of Deeds Association was also not supportive of the amendment.</P> <P>Jones stated he was inclined to submit a letter expressing various concerns. </P> <P>Johnson stated he would prefer not to act on the amendment.</P> <P>McElhaney was also supportive of tabling a decision.</P> <P>Jones suggested the Board table this item and think about delegating a Commissioner to vote at the KAC Annual Meeting in November. No action was taken.</P> <P><STRONG>COMMUNITY CORRECTIONS 09-20-04<BR></STRONG>The Board discussed the Community Corrections Evaluation Summary Year-End Report of Outcomes for Fiscal Year 2004. Ron Stegall, Director, introduced Shannon Murphy, Assistant Director, who conducted a brief presentation. Jones made a motion to approve the Summary; Johnson seconded and the motion carried unanimously.</P> <P><STRONG>EMERGENCY COMMUNICATIONS 09-20-04</STRONG><BR>The Board discussed implementation of cellular telephone enhanced 911 services in Douglas County. Jim Denney, Director of Emergency Communications, was present for the discussion. Denney explained there are three major steps to begin the implementation of the cellular telephone enhanced 911 services in Douglas County:</P> <UL> <LI>Purchase of necessary equipment and software from our 911 phone switch provider -- Nine One One, Inc. A waiver of the Douglas County bidding process is indicated as this company is the sole provider of equipment and software for our existing 911 phone switch and can provide upgrades sufficient to enable cell enhanced 911 at a cost ranging from $6,385 to $89,362 depending on options selected. A fair bid situation would likely necessitate total replacement of our 911 system with a cost of $250,000+. This order must be placed before the next two steps can be undertaken (in accordance with FCC Regulation Section 20.18(j) and Docket Number 94-102). Consideration should be given at this point whether additional upgrading is done which would extend the usable life of our existing switch and allow the increase of the number of incoming 911 lines;</LI> <LI>Official letters of request for cellular enhanced 911 service sent to all six (6) cell phone companies doing business in and near Douglas County (in accordance with FCC Regulation Section 20.18(j)). These letters will start a "six month clock" indicating the deadline for these companies to provide the data stream to our phone switch. Subsequent to these letters being received, each company will proffer a contract for provision of this date. The contract will include data format agreement and non-disclosure of proprietary information agreements. At this time no cash or cost will be involved.</LI> <LI>Notification letter sent to SBC indicating the Douglas County has requested enhanced cell phone services from cell companies in and near Douglas County and certifying the population served by the Douglas County 911 Center. This will result in an initial fee billing from SBC of $210.56 per 1000 certified population. ($21,477 @ 102,000) and a monthly bill thereafter of $9.59 per 1000 certified population ($978.18 @ 102,000). Should the Board accept the recommendation including two additional 911 incoming lines, the order should be placed at this time at a cost of $716 for installation of both lines and $121.50 per month thereafter.</LI></UL> <P>Nine One One, Inc., has supplied the following quotes for the upgrade. They have provided several options as summarized below:</P> <UL> <LI><STRONG>Minimum upgrade cost -- $6,385</STRONG></LI> <UL> <LI>Software, firmware and mapping port upgrade to the existing system enabling it to process enhanced 911 cell phone data.</LI></UL> <LI><STRONG>Suggested additional upgrade to switch -- $30,777</STRONG></LI> <UL> <LI>Current switch is out of warranty and the current configuration will require replacement of the entire system in 3-5 years at a cost of $250,000+ with no interim expansion capability.</LI> <LI>In addition to software, firmware and mapping port upgrades indicated above, this upgrade will replace the "brain" of our 911 switch.</LI> <LI>Replacement of the 911 switch "brain" begins a new 5 year warranty period and replacement of the entire 911 system should be in 5-7 years instead of 3-5 years.</LI> <LI>Will allow installation of up to 4 additional incoming 911 lines. Successful implementations of cell phone enhanced 911 at other 911 centers have shown to be best achieved with the addition of incoming 911 lines.</LI> <LI>In Douglas County, an additional 2 lines are recommended. An additional 2 lines incur an additional cost from SBC of $716 installation and $121.50 per month. These SBC costs are not included in the $30,777 above.</LI></UL> <LI><STRONG>Suggested additional upgrades to workstations -- $52,200</STRONG></LI> <UL> <LI>Replace all 6 dispatcher telephone work stations. The computers at these work stations are out of warranty and utilize an outdated windows format.</LI> <LI>Replacement would begin a new 1 year equipment warranty and an upgrade to Windows XP.</LI> <LI>Telephone instruments connected to each work station are out of production and cannot be replaced. Operation of the 911 position d&#160;s not require the telephone instruments. These instruments are used in normal operation to compensate for the less user friendly aspects of the computer program and are a back-up in case of computer screen failure.</LI> <LI>Replacement of instruments would begin a new 1 year warranty with current production instruments.</LI> <LI>New work stations would provide a more user friendly environment.</LI></UL></UL> <P>Denney explained that the Douglas County 911 Advisory Board strongly recommends the purchase of both the minimum upgrade at a cost of $6,385 and the suggested additional upgrade to the telephone switch at a cost of $30,777 at this time to best insure successful implementation of enhanced cellular 911. Purchase of the workstation upgrades at a cost of $52,200 is also recommended to further extend the usable life of the existing system.</P> <P>Jones questioned why the workstation upgrades shouldn't wait until projected revenue figures are more concrete. </P> <P>Denney explained that if it is upgraded now, there would be no extra installation costs and would ensure use of all enhancements.</P> <P>Ron Olin, City of Lawrence Police Chief, spoke in favor of all three (3) upgrades.</P> <P>Johnson made a motion to waive the bidding process of the Purchasing Policy and authorize the upgrades outlined above in the amount of $89,362 to be provided by Nine One One, Inc., and authorize the Chair to affix his signature on letters requesting service from cell phone companies for wireless E911 service. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PUBLIC WORKS 09-20-04<BR></STRONG>The Board discussed proposed approach to revising minimum frontage requirements for house entrances. Keith Browning, Director of Public Works/County Engineer, and Linda Finger, Director of the Lawrence-Douglas County Metropolitan Planning Department, were present for the discussion. No action was taken.</P> <P><STRONG>MISCELLANEOUS 09-20-04</STRONG><BR>The Board discussed the Capital Improvements Program. Pam Madl, Assistant County Administrator, and Keith Browning, Director of Public Works/County Engineer, were present for the discussion. No action was taken.</P> <P><STRONG>ACCOUNTS PAYABLE 09-20-04<BR></STRONG>Jones moved approval of accounts payable in the amount of $331,449.62 to be paid 09/20/04; accounts payable manual checks in the amount of $1,368.24; payroll in the amount of $633,483.69; and electronic funds transfers in the amounts of $46,575.17 for FICA and $38,467.59 for KPERS to be paid 09/17/04. Motion was seconded by Johnson and carried unanimously.</P> <P>&#160;<STRONG>EXECUTIVE SESSION 09-20-04</STRONG><BR>At 11:00 A.M., Jones made a motion that the Board recess to go into executive session until 11:30 A.M. with Craig Weinaug, County Administrator; Pam Madl, Assistant County Administrator; and Evan Ice, County Counselor, to discuss litigation. Motion was seconded by Johnson and carried unanimously. The Board returned to regular session at 11:27 A.M. No action was taken.</P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P> <P>&nbsp;</P>

<P>Jones called the meeting to order at 8:32 A.M. on Monday, September 27, 2004 with all members present. The Pledge of Allegiance was recited.</P> <P>Johnson moved approval of the minutes of August 30, 2004; Jones seconded and the motion carried unanimously.</P> <P><STRONG>CONSENT AGENDA 09-27-04</STRONG><BR>McElhaney moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Resolution No. 04-27 granting a beer license for Cecil Monday's Bar &amp; Grill;</LI> <LI>Agree that funds deposited in the County treasury for use by the Local Emergency Planning Committee under grants from the Hazardous Material Transportation Act will only be used for projects specifically designated and approved for by the LEPC, and authorize the Emergency Management Director to be the authorized representative of the County for the purposes of this grant;</LI> <LI>Authorize the Director of Public Works/County Engineer, to "write-off" an uncollectible debt in the amount of $81.00 for sign repairs; and</LI> <LI>Approve Order of the Board of County Commissioners of Douglas County, Kansas, Approving Annexation and Attachment of Certain Lands to Rural Water District No. 4, Douglas County, Kansas.</LI></UL> <P>Johnson seconded and the motion carried unanimously.</P> <P><STRONG>MISCELLANEOUS 09-27-04</STRONG><BR>Michael Eglinski, Audit Manager, City of Kansas City, Missouri, and Mark Funkhouser, City Auditor, City of Kansas City, Missouri, conducted a presentation on performance audits. No action was taken.</P> <P><STRONG>PUBLIC WORKS 09-27-04</STRONG><BR>The Board noted receipt of a recommendation from Kanwaka Township to rescind the "minimum maintenance" designation currently in effect for a portion of E 650 Road between 1590 N and County Route 442 (N 1600 Road). The Kanwaka Township Board conducted a public hearing to accept comments regarding the required recommendation to be made to Douglas County on the matter. The Kanwaka Township Board has determined the "minimum maintenance" designation should be rescinded. </P> <P>Scott Stockwell, nearby property owner, was present for the discussion. Stockwell expressed frustrations regarding a recently obtained building permit. However, after the permit was issued, it was determined that since he would be taking access off of the minimum maintenance road, the permit is not valid. It should be noted that the portion of E 650 Road Stockwell would be utilizing for access is not included in the request. Stockwell noted significant costs associated with taking access off of Stull Road. </P> <P>McElhaney noted Kanwaka Township's desire to lift the minimum maintenance designation, however the current request is for five hundred feet (500'). </P> <P>Jones made a motion to approve Resolution No. 04-28 initiating the process to consider rescinding the "minimum maintenance" designation for a portion of E 650 Road and requesting a recommendation from the Planning Commission. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 09-27-04</STRONG><BR>The Board discussed the Capital Improvements Program. Pam Madl, Assistant County Administrator, conducted a brief presentation. Mike Yanez, City Administrator of the City of Eudora, was present to discuss various joint projects. No action was taken.</P> <P><STRONG>ACCOUNTS PAYABLE 09-27-04</STRONG><BR>Jones moved approval of accounts payable in the amount of $284,087.25 to be paid 09/27/04. Johnson seconded and the motion carried unanimously.</P> <P>Jones made a motion to adjourn; McElhaney seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P> <P><BR>&nbsp;</P>

<P>Jones called the meeting to order at 6:37 P.M. on Wednesday, September 29, 2004 with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>PROCLAMATION 09-29-04</STRONG><BR>Reagon Heikes read a Proclamation Proclaiming the week of October 3-9, 2004 to be National 4-H Week. Jones moved approval of the Proclamation as read.&nbsp; McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>CONSENT AGENDA 09-29-04</STRONG><BR>There were no consent items.</P> <P><STRONG>CONTRACTS 09-29-04</STRONG><BR>The Board discussed bids received for construction of a storage/maintenance building. Pam Madl, Assistant County Administrator, explained that four (4) bids were received with Weigel Construction submitting the lowest bid in the amount of $699,333. Johnson made a motion to approve the contract with Weigel Construction in the amount of $699,333 for the construction of a storage/maintenance building. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 09-29-04<BR></STRONG>The Board discussed the 2004 Capital Improvements Program. Melinda Henderson and George Pogge made brief comments. No action was taken.</P> <P><STRONG>ACCOUNTS PAYABLE 09-29-04</STRONG><BR>Johnson moved approval of payroll (2004 clothing allowance) in the amount of $428.77; and electronic funds transfers in the amounts of $6.96 for Medicare, $62.26 for KP&amp;F, and $285.30 for KPERS to be paid 09/24/04. Motion was seconded by Jones and carried unanimously.</P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>______________________________&nbsp;________________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Bob Johnson, Member</P> <P>ATTEST:</P> <P>______________________________&nbsp;________________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P> <P>&nbsp;</P>

<P>Jones called the meeting to order at 8:37 A.M. on Monday, October 11, 2004 with all members present. The Pledge of Allegiance was recited.</P> <P>Johnson moved approval of the minutes of October 4, 2004. Jones seconded and the motion carried unanimously.</P> <P><STRONG>PROCLAMATION 10-11-04</STRONG><BR>Peggy Wallert, Cottonwood, Inc., read a Proclamation proclaiming the month of October as "National Disability Employment Awareness Month." Johnson moved approval of the Proclamation as read; motion was seconded by Jones and carried unanimously.</P> <P><STRONG>CONSENT AGENDA 10-11-04</STRONG><BR>Johnson made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5267. Order is on file in the office of the County Clerk.</LI></UL> <P>Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PLANNING 10-11-04</STRONG><BR>The Board conducted a de novo hearing as provided for in Section 21-801 of the Subdivision Regulations, on the Subdivider's appeal of the Planning Commission's denial of a requested variance for cul-de-sac length and denial of approval of the Preliminary Plat of Raeta Subdivision. The proposed subdivision is located at 1636 E 50 Road on the northeast corner of E 50 and N 1600 Roads.&nbsp; Sandra Day, staff member of the Lawrence-Douglas County Metropolitan Planning Department, and Linda Finger, Director of the Lawrence-Douglas County Metropolitan Planning Department, were present for the discussion. </P> <P>Day explained that the preliminary plat for Raeta Subdivision was considered and denied twice by the Planning Commission, once in June when it accompanied the rezoning request from A to A-1 and as a miscellaneous item in September, when it was placed back on the agenda for reconsideration based on the County Commission's approval of the rezoning request. </P> <P>The preliminary plat required a public hearing for a variance from the maximum cul-de-sac length of 1320'. The variance was denied in a separate action from the plat's denial. Article 8 is the Appeals Article in the Subdivision Regulations. Within that Article, there is a process outlined in Section 21-801 that allows for a property owner to appeal directly to the governing body a decision on the "enforcement or interpretation of" the Subdivision Regulations. This appeal process is a de novo hearing. No additional information as to how the de novohearing is to be held is contained in this code section. For reference, Section 21- 801 is reproduced in the box below:<BR>&nbsp;</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>21-801. The subdivider of a proposed subdivision may appeal to<BR>the governing body decisions made in the enforcement or<BR>interpretation of these regulations by the Planning Department,<BR>Planning Commission or the appropriate engineer. Any such<BR>appeal hall provide a hearing de novo. In the event the governing<BR>body sustains such decisions, the prior enforcement or<BR>interpretation shall be final, except as otherwise provided by law.<BR>If the governing body overrules the Planning Commission, the<BR>governing body shall state its decision, and the reasons therefore,<BR>in writing, and submit the decision and plat to the Planning<BR>Commission, seeking concurrence. In case of nonoccurrence, the<BR>decision of the appropriate governing body shall be final. (Ord.<BR>5257)</P></BLOCKQUOTE></BLOCKQUOTE> <P>As proposed the subdivision will have only one access to the abutting county road network (along E 50 Road). The subdivision regulations do not clearly provide a method to measure the length of a cul-de-sac. Rose Court is a street segment that ends in a cul-de-sac. The length of the cul-de-sac from the intersection of Raeta Avenue is approximately 650' in length (measured from the centerline of the nearest intersection). Raeta Avenue is a looped street with a north leg of the loop approximately 1,320' in length. The combined length of the two street segments would exceed the maximum distance stated in the subdivision regulations.</P> <P>Day recommended approval of the variance to exceed the maximum length of a cul-de-sac as proposed by the preliminary plat of Raeta Subdivision. Day also recommended approval of the Preliminary Plat of Raeta Subdivision subject to the following conditions:</P> <P>&nbsp;&nbsp;&nbsp;&nbsp; 1.&nbsp;&nbsp; Provision of a revised Preliminary Plat to include the following<BR>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; changes:<BR>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; a.&nbsp;&nbsp; Include county road name "N 1600" along with county road<BR>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; designation;<BR>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; b.&nbsp;&nbsp; A note on the preliminary plat, "With the final plat submittal, the<BR>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; applicant will present a draft copy of the proposed Homeowner's<BR>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Association Document providing for ongoing maintenance of the<BR>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; open space and existing buildings shown as Tracts "A, B and C" for<BR>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; proposed Raeta Subdivision.<BR>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; c.&nbsp;&nbsp; Provision of a revised preliminary plat to include 911 county road<BR>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; names for interior named streets per staff approval.<BR>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; d.&nbsp;&nbsp; Provision of a revised preliminary plat that includes a note that<BR>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; indicates how improvements will be financed per section 21-<BR>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 301.4(b).<BR>&nbsp;&nbsp;&nbsp;&nbsp; 2.&nbsp;&nbsp; Provision of written proof of water availability with the submission of a<BR>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; final plat.</P> <P>Charlie Dominguez, general manager of Core Investments, owner of property, conducted a brief presentation regarding the variance issues. </P> <P>Bev Worster, 1034 E 450 Road, stated she was shocked that this request had passed. Worster also stated that she believed this entire project is a drastic violation of <EM>Horizon 2020</EM>. Worster requested that the Board put a hold on their decision and take action to eliminate the 5-acre exemption "threat."</P> <P>Melinda Henderson, 1832 New Hampshire, noted the same concerns as Worster.</P> <P>John Haase, Chair of the Planning Commission and Chair of the Rural Planning Subcommittee for the past two (2) years, stated the Rural Planning Subcommittee is very near completing their work. Haase stated this is the worst development plan he has seen come before the Planning Commission. The Planning Commission took note of the fact that this property is located in the worst area in terms of roads, there is a gun club located north of property, and the topology is amazingly challenging. This would create a burden on taxpayers because it is so far from the urban center. Haase then noted that if a variance for<BR>the cul-de-sac is granted, it would be flying in the face of action taken place a few weeks ago. This could present a legal challenge if decisions are not consistent.</P> <P>Jones stated he would not vote in support of the cul-de-sac variance. He stated that he did not feel that the applicant made a good faith effort to comply with current regulations.</P> <P>McElhaney stated he felt that this was a very unique situation. The Public Works Department, Kanwaka Township and emergency services have all indicated support from the safety aspect of it. McElhaney then made a motion to accept the variance as documented. Motion was seconded by Johnson and carried with Jones opposed.</P> <P>Jones then stated he would vote against the preliminary plat. The Planning Commission unanimously recommended denial twice. Jones stated that granting the variance and approving the preliminary plat will have two adverse consequences: it breaks faith with those who willingly comply with regulations; and sends the message that inconvenience -- as opposed to real hardship -- is a legitimate cause for appeal to the Board of County Commissioners.&nbsp; </P> <P>Johnson stated he believed it sent the message that if a variance was requested outside the parameter of <EM>Horizon 2020</EM>, it should be for very good reasons. The variance appeal process in section 21-801 exists for the expressed purpose of addressing a particularly unique set of circumstances. This is one of those circumstances, and the message we are sending is the bar for a variance will be very high. Johnson then made a motion to approve the preliminary plat subject to the above conditions recommended by Planning Staff, and forward this to the Planning Commission for concurrence for the following reasons:</P> <P>&nbsp;&nbsp;&nbsp;&nbsp; 1.&nbsp;&nbsp; The property is unique in its size and relationship to the abutting<BR>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; county road and curve around the south and west sides;<BR>&nbsp;&nbsp;&nbsp;&nbsp; 2.&nbsp;&nbsp; Zoning and cluster development should be tied;<BR>&nbsp;&nbsp;&nbsp;&nbsp; 3.&nbsp;&nbsp; The cul-de-sac as designed d&#160;s not extend to the abutting property<BR>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; thus encouraging additional subdivision of property to the north or<BR>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; east; and<BR>&nbsp;&nbsp;&nbsp;&nbsp; 4.&nbsp;&nbsp; The use of an internal road network for access and the removal of<BR>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; direct access to the abutting county roads is a significant safety aspect<BR>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; of the proposed development.</P> <P>Motion was seconded by McElhaney and carried with Jones opposed.</P> <P>Jones noted that the Martin Marietta Quarry requested that the final plat indicate the operation and fully developed proximity of a quarry. Day indicated that it would be noted on the Final Plat.</P> <P><STRONG>PUBLIC WORKS 10-11-04</STRONG><BR>The Board considered approval of an updated Federal-Aid Agreement with the Kansas Department of Transportation. Keith Browning, Director of Public Works/County Engineer, explained that KDOT has developed an updated Federal-Aid Agreement for execution by each county in the state. The purpose of this agreement is to set ground rules for projects that utilize federal funds. The updated agreement replaces two outdated agreements under which counties currently operate, the Secondary Road Agreement and the Off-System Roads Agreement. These current agreements between Douglas County and KDOT are<BR>dated June 6, 1951 and July 24, 1975, respectively.</P> <P>The Federal-Aid Agreement:</P> <P>&nbsp;&nbsp;&nbsp;&nbsp; 1.&nbsp;&nbsp; Allows KDOT to act as the county's agent to administer federal-aid<BR>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; projects;<BR>&nbsp;&nbsp;&nbsp;&nbsp; 2.&nbsp;&nbsp; Stipulates a process a project must meet in order to be eligible for<BR>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; federal funds;<BR>&nbsp;&nbsp;&nbsp;&nbsp; 3.&nbsp;&nbsp; Defines responsibilities for KDOT and the county for federal aid<BR>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; projects; and<BR>&nbsp;&nbsp;&nbsp;&nbsp; 4.&nbsp;&nbsp; Is required in order to receive federal funds for 5-Year Plan projects.</P> <P>Jones made a motion to approve the updated Federal-Aid Agreement with the Kansas Department of Transportation. McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>EMERGENCY MANAGEMENT 10-11-04</STRONG><BR>The Board discussed the Integrated Emergency Management Course (IEMC). Paula Phillips, Director of Emergency Management, explained that FEMA sent a letter to the Douglas County Commission confirming the acceptance of Douglas County/Lawrence as one of the ten communities selected to participate during FFY 2005. Douglas County and Lawrence officials will go to Emmitsburg, MD December 6-10, 2004 for the course. Phillips requested that the Board support and encourage the participation of county personnel in attending the IEMC and determine which Commissioner will attend the IEMC. Jones stated he would be willing to attend. After discussion, Jones made a motion that the Board approve the Letter of Agreement for the Integrated Emergency Management Course<BR>Participation. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>ZONING 10-11-04</STRONG><BR>The Board discussed a request received from the Board of Zoning Appeals (BOZA) for the presence of a County Commissioner to attend a BOZA meeting on October 20, 2004. Keith Dabney, Director of Zoning &amp; Codes, explained that an application from Patricia M. Brady, property owner, will be heard, requesting a variance of Article 23, Section 23-3, to allow the construction of a second dwelling with kitchen facilities on a single lot without subdividing the property. Jones stated the Board had heard similar requests in the past and had consistently denied the requests. It was the consensus of the Board that Craig Weinaug, County Administrator, draft a letter to the Board of Zoning Appeals indicating that in light of the Board's consistent rulings against these types of variances, there would not be a member of the County Commission in attendance at the October 20 meeting. No action was taken.</P> <P><STRONG>SHERIFF &amp; EMERGENCY COMMUNICATIONS 10-11-04</STRONG><BR>The Board attended a mobile data demonstration with various members of the Sheriff's Department, Lawrence-Douglas County Fire &amp; Medical Department, Police Chief Ron Olin, and Emergency Communications. No action was taken.</P> <P><STRONG>OUT-DISTRICT COLLEGE TUITION STATEMENTS 10-11-04</STRONG><BR>Jones moved approval of the twelve (12) Out-District College Tuition Statements in the amount of $35,214; motion was seconded by Johnson and carried with McElhaney opposed.</P> <P><STRONG>&#160;ACCOUNTS PAYABLE 10-11-04</STRONG><BR>Jones moved approval of accounts payable in the amount of $312,692.37 to be paid 10/11/04; motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>APPOINTMENTS 10-11-04<BR></STRONG>Jones made a motion to appoint Kim Reynolds, to the East Central Kansas Community Action Agency. Motion was seconded by Johnson and carried unanimously.</P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________ _____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp; Jere McElhaney, Member<BR></P>

<P>Jones called the meeting to order at 6:36 P.M. on Wednesday, October 13, 2004 with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 10-13-04</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Resolution No. 04-29 authorizing the substitution of certain escrowed securities held pursuant to an escrow trust agreement between Douglas County, Kansas and Security Bank of Kansas City, Kansas City, Kansas, dated as of February 1, 2004, relating to the County's General Obligation Sales Tax Bonds, Series 1999-A.</LI></UL> <P>Johnson seconded and the motion carried unanimously.</P> <P><STRONG>PLANNING 10-13-04</STRONG><BR>The Board considered Item No. 8 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated September 22, 2004. This item is Z-07-29-04: A request to rezone a tract of land approximately 7.04 acres from A (Agricultural) District to B-2 (General Business) District. The property is generally described as being located north of U.S. Highway 56 and east of U.S. Highway 59. Submitted by Landplan Engineering, P.A., for Frontier Farm Credit, ACA, contract purchaser, and Jerold W. and Janet K. Seele, property owners of record. Jeff Tully, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. This item comes to the Board with a recommendation for approval based upon the following Findings of Fact</P> <P><STRONG>FINDINGS OF FACT:</STRONG></P> <P><STRONG>Zoning and uses of property nearby.</STRONG> All of the property immediately adjacent to the subject parcel is zoned A (Agricultural) District with one suburban home residence on an adjacent tract to the west of the subject property. The subject property is separated from the existing B-2 (General Business) District by almost 400 feet.</P> <P><STRONG>Character of the area.</STRONG> Land uses surrounding the subject property consist of agricultural uses, residences, and a variety of commercial uses.</P> <P><STRONG>Suitability of subject property for the uses to which it has been restricted.</STRONG> The subject property is located outside of the recently expanded Lawrence Urban Growth Area. It is also beyond the Baldwin City Growth Area and approximately 3.5 miles from Baldwin City Limits. The subject property is immediately contiguous to A (Agricultural) District zoned property in all four geographic directions. It is separated from a B-2 (General Commercial) zoned commercial node at the intersection to the west (Baldwin Junction).</P> <P><STRONG>Length of time subject property has remained vacant as zoned.</STRONG> The subject property is not currently vacant and has been zoned A (Agricultural) District since 1966.</P> <P><STRONG>Extent to which removal of restrictions will detrimentally affect nearby property.</STRONG> Based on the proposed realignment and construction of the U.S. 56/59 interchange and the loss of commercially zoned land, it would appear appropriate to rezone the subject property from A (Agricultural) District to B-2 (General Commercial) District zoning.</P> <P><STRONG>Relative gain to the public health, safety and welfare by the destruction of the value of the petitioner's property as compared to the hardship imposed upon the individual landowners.</STRONG> As stated, it appears logical to extend commercial uses beyond the existing commercial corridor at the intersection of U.S. 59/56. While the proposed construction of a highway interchange at this intersection will provide a relative gain to the public health, safety and welfare, it is difficult to argue that a public benefit would result from the proposed rezoning. Unless carefully designed and controlled, this rezoning and future commercial uses may impact surrounding A (Agricultural) District zoned land.</P> <P><STRONG>Conformance with <EM>The Comprehensive Plan</EM>.</STRONG> Once realigned and a highway interchange constructed, the subject property will adjoin the intersection. Therefore, this rezoning request is consistent with the goals and policies of <EM>Horizon 2020 </EM>for both existing and proposed commercial nodes in the unincorporated areas of Douglas County.</P> <P>AND subject to the following conditions:</P> <P>&nbsp;1.&nbsp;Property owner agrees to annex the subject property into the Baldwin City Limits when it becomes contiguous with Baldwin City Limits; and<BR>&nbsp;2.&nbsp;Approval and filing of a final plat at the Register of Deeds Office.</P> <P>Jones made a motion to approve Z-07-29-04 based upon the Findings of Fact and subject to the above conditions. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>PUBLIC WORKS 10-13-04</STRONG><BR>The Board conducted a work session regarding possible encroachment of Route 1 E onto neighboring property at Lone Star Lake. Keith Browning, Director of Public Works/County Engineer; Michael Kelly, County Surveyor; and Phil Metsker were present for the discussion. On October 4, 2004, the Board tabled a request from Philip Metsker for an entrance permit onto Route 1-E along the north side of the east arm of Lone Star Lake. At that meeting, Metsker indicated he believed there was an easement on his property that he would be willing to trade for an entrance permit.&nbsp; </P> <P>Kelly conducted a brief presentation stating that a resurvey would take a significant period of time. Kelly noted that he felt like he had enough evidence to support the fact there was no encroachment.</P> <P>Jones stated he did not believe it was good policy to allow entrances off this road as it would create maintenance issues. </P> <P>Johnson stated that if this request were approved, it would be difficult to deny other requests in the future.</P> <P>Metsker questioned whether there was a law that prohibits entrances off that road. Browning responded there was no such law.</P> <P>Metsker then asked why a permit was granted in 1998. Jones responded that the views of road development and costs associated have changed since that permit was granted.</P> <P>Johnson noted that denial of the request would not create a hardship. The property could continue to be used for agricultural purposes and he was not inclined to allow access for building a home.</P> <P>McElhaney noted there have been discussions regarding the expanded use of Lone Star Lake. He stated that he would entertain the possibility of some kind of permit charge that would help fund and maintain the purpose of that road. </P> <P>Jones noted there was a distinction between recreational and residential use. The road is not currently maintained for residential use.</P> <P>Browning stated the road is maintained, but is not a high priority. </P> <P>McElhaney made a motion to grant the easement and the Commission take a look at the road and consider encouraging some sort of permit fee, if appropriate, to be used for maintenance of the road.</P> <P>Johnson stated he was not willing to second the motion, but would be willing to have a study session to discuss the maintenance of the road. </P> <P>Jones agreed with Johnson and the motion died for lack of a second. </P> <P><STRONG>ACCOUNTS PAYABLE 10-13-04</STRONG><BR>Johnson moved approval of accounts payable in the amount of $231,423.15 to be paid 10/18/04 and accounts payable manual checks in the amount of $1,368.24. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>APPOINTMENTS 10-13-04<BR></STRONG>Jones made a motion to appoint Jennifer Magyar, Lawrence, Kansas, to the Jayhawk Area Agency on Aging Board of Directors for a three-year term which will expire on 09/30/07. Motion was seconded by Johnson and carried unanimously.</P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P>

<P>Jones called the meeting to order at 6:38 P.M. on Wednesday, October 20, 2004 with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 10-20-04</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <UL> <LI>Note receipt of fee reports for the month of September, 2004;</LI> <LI>Approve Resolution No. 04-30 relating to and amending a regulated planning and zoning classification within the unincorporated territory of Douglas County, Kansas. The following change in zoning classification is changed fro "A" (Agricultural District) to "I-3" (Heavy Industrial District) on property described as LRM East Addition No. 3;</LI> <LI>Approve Resolution No. 04-31 relating to and amending a regulated planning and zoning classification within the unincorporated territory of Douglas County, Kansas. The following change in zoning classification is changed from "A" (Agricultural District) to "b-2" (Generally Business District) on property described as Frontier Farm Credit Addition; and</LI> <LI>Approve Resolution No. 04-32 relating to and amending a regulated planning and zoning classification within the unincorporated territory of Douglas county, Kansas. The following change in zoning classification is changed from "A" (Agricultural District) to "A-1" (Suburban Home Residential District) on property described as Raeta.</LI></UL> <P>Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 10-20-04<BR></STRONG>At 6:40 P.M., Jones made a motion that the Board go into executive session with Craig Weinaug, County Administrator, and Evan Ice, County Counselor, until 6:55 P.M. to discuss ongoing litigation. Motion was seconded by Johnson and carried unanimously. At 6:55 P.M., Johnson made a motion that the Board extend the executive session until 7:00 P.m., seconded by Jones and carried unanimously. The Board returned to regular session at 6:59 P.M. No action was taken.</P> <P><STRONG>ACCOUNTS PAYABLE 10-20-04<BR></STRONG>Jones moved approval of payroll in the amount of $585,084.03 and electronic funds transfers in the amounts of $42,917.51 for FICA and $36,365.23 for KPERS to be paid 10/15/04. Motion was seconded by Johnson and carried unanimously. Johnson made a motion to adjourn; McElhaney seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P> <P>&nbsp;</P>

<P>Jones called the meeting to order at 6:38 P.M. on Wednesday, October 27, 2004 with all members present.</P> <P><STRONG>CONSENT AGENDA 10-27-04</STRONG><BR>There were no consent items.</P> <P><STRONG>PLANNING 10-27-04</STRONG><BR>The Board considered SP-04-23-04: Worden United Methodist Church, located south and east of the intersection of Highway 56 and E 900 Road. Submitted by McCune Engineering for Worden United Methodist Church, property owner of record. Jeff Tully, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. Tully explained that Worden United Methodist Church has submitted SP-04-23-04 to allow for the construction of a new church structure. Proposed south and west of the existing church, the new church and fellowship hall is a one-story, 15,238 sq. Ft. building that will provide a 360-seat sanctuary. Construction of the new church building will result in the closing of one vehicular access area adjacent to Highway 56 right-of-way; with ingress and egress from the highway centralized through one existing access drive. Along Douglas County Route 1039, a proposed driveway will provide access to the church's expanded parking lots, which will provide 87 off-street parking spaces (including five handicap accessible). Access to the church has been reviewed and approved by Douglas County Public Works and by the Kansas Department of Transportation. The new church's lateral field (located at the southeast corner of the site) has been extensively reviewed and approved by the Douglas County Health Department.</P> <P>Tully recommended approval of the Site Plan subject to the following conditions:</P> <P>&nbsp;1.&nbsp;Revise the Site Plan to include an Off-Street Parking Required/Provided table.<BR>&nbsp;2.&nbsp;Revise the Site Plan to show location of proposed trash enclosure.<BR>&nbsp;3.&nbsp;Revise the Site Plan to provide the following note: "Douglas County d&#160;s not require removal of existing parking areas on Route 1039 right-of-way at this time. Approval of this Site Plan d&#160;s not relinquish Douglas County's right to utilize the entire right-of-way width when needed. If and when Douglas County improves Route 1039 and requires use of entire right-of-way, parking areas will need to be removed.</P> <P>Jones questioned whether there should be an access off of Highway 56 to address possible future problems with traffic increases. Church members discussed the possibility of a one-way entrance. Tully indicated that KDOT would still need to approve an access off of Highway 56 after the Site Plan had been approved by the County Commission. It was the consensus of the Board not to place a change to the Site Plan as presented, but the Board wanted the church to understand that KDOT might eventually remove the access to Highway 56 and the parking lot should be planned accordingly. Jones moved approval of SP-04- 23-04 subject to the above conditions with the addition of the following condition:</P> <P>&nbsp;4.&nbsp;Revise the Site Plan to provide the following note: "KDOT allows the use of US Highway 56 right-of-way subject to the submission of DOT Form 304, use of right-of-way permit. Acceptance of this permit d&#160;s not relinquish KDOT's future use of US 56 right-of-way. Worden United Methodist Church will plan for future access alternatives along US 56." </P> <P>Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 10-27-04</STRONG><BR>Jones moved approval of account payable in the amount of $303,365.22; Johnson seconded and the motion carried unanimously.</P> <P>Jones made a motion to adjourn; McElhaney seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member<BR></P>

<P>Jones called the meeting to order at 8:35 A.M. on Monday, August 23, 2004 with all members present. The Pledge of Allegiance was recited.</P> <P>Jones moved approval of the minutes of August 16 and August 18, 2004. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>CONSENT AGENDA 08-23-04</STRONG><BR>Johnson moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5256 and 5257. Orders are on file in the Office of the County Clerk;</LI> <LI>Note receipt of fee reports for the month of July 2004; and</LI> <LI>Authorize change in title for Director of Administrative Services to Assistant County Administrator.</LI></UL> <P>Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PURCHASING &amp; CONTRACTS 08-23-04<BR></STRONG>Jones moved approval to accept the proposal for mail services with Stampede Mailing Services, Lenexa Kansas. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>PURCHASING, CONTRACTS, YOUTH SERVICES &amp; EMERGENCY MANAGEMENT 08-23-04<BR></STRONG>The Board discussed the purchase of vehicles for Youth Services and Emergency Management. Jackie Waggoner, Purchasing Agent, explained that on March 31, 2004, a 1998 Ford Taurus was involved in an accident and was considered a total loss. This vehicle was used by Youth Services staff to transport clients. The settlement payment for this vehicle was $5,489.05. Youth Services is interested in purchasing a new mid-sized sedan. Waggoner also explained that Emergency Management owns a 1994 Ford Explorer with 80,000 plus miles. This vehicle is leaking around the engine head and Public Works mechanics suspect there is a crack beginning in the engine head. Emergency Management has funds available in equipment reserve to purchase a new utility vehicle. Douglas County participated in a regional cooperative bidding process for the acquisition of 2004 vehicles. The County can continue to purchase from these contracts until the manufacturer's production cutoff date. The following is a summary of the costs from the awarded contractor, Shawnee Mission Ford:</P> <P> <TABLE cellSpacing=0 cellPadding=8 width=468 border=0> <TBODY> <TR> <TD width="41%" height=26><FONT face=Arial size=3> <P>Emergency Management</FONT></P></TD> <TD width="36%" height=26><FONT face=Arial size=3> <P>2004 Ford Explorer</FONT></P></TD> <TD width="23%" height=26><FONT face=Arial size=3> <P>$25,698.00</FONT></P></TD></TR> <TR> <TD width="41%" height=26><FONT face=Arial size=3> <P>Youth Services</FONT></P></TD> <TD width="36%" height=26><FONT face=Arial size=3> <P>2004 Ford Taurus</FONT></P></TD> <TD width="23%" height=26><FONT face=Arial size=3> <P>$13,243.00</FONT></P></TD></TR> <TR> <TD width="41%" height=26> <P></P></TD> <TD width="36%" height=26><FONT face=Arial size=3> <P>Less settlement payment</FONT></P></TD> <TD width="23%" height=26><FONT face=Arial size=3> <P>$5,489.05</FONT></P></TD></TR> <TR> <TD width="41%" height=26> <P></P></TD> <TD width="36%" height=26> <P></P></TD> <TD width="23%" height=26><FONT face=Arial size=3> <P>$7,753.95</FONT></P></TD></TR></TBODY></TABLE><FONT face=Arial></P></FONT> <P>McElhaney discussed the possibility of replacing the motor in the Ford Explorer which would cost between $3,000-$5,000. He noted that there would be additional expense in transferring the equipment, etc., and felt that it would be worth the cost savings to try to replace the motor. After discussion, McElhaney approved the purchase of one (1) 2004 Ford Taurus in the amount of $13,243 from Shawnee Mission Ford for Youth Services, and table the purchase of the vehicle for Emergency Management. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PURCHASING &amp; CONTRACTS 08-23-04</STRONG><BR>Jackie Waggoner, Purchasing Agent, discussed the possibility of accessing the Kansas Regional Council of Higher Education Contract (KRCHE) for the purchase of office supplies. Waggoner explained that in the past the County has solicited formal bids for the office supply contract. Our contracts have been established as percentage discounts off retail, and as a percentage over cost. The County and City considered office supplies to be another commodity we could benefit utilizing a State, National or Regional contract based on their volume discounts. Office Depot (U.S. Communities Contract), Corporate Express (KRCHE), and ADOS Office Products (GSA Federal Contract) provided quotes from their cooperative contracts. Corporate Express has provided the most competitive cost from the KRCHE contract on almost all items. By accessing this contract, the County would be entitled to a $500 educational scholarship for every $20,000 spent. Johnson made a motion to approve accessing the KRCHE contract for office supplies. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PLANNING 08-23-04</STRONG><BR>The Board discussed SP-07-43-04: a site plan for the revision to an existing church campus located on the southwest corner of N 1800 Road and E 800 Road (795 N 1800 Road). Submitted by Pastor Scott Hanks for Heritage Baptist Church, property owner of record. Sandra Day, staff member of the Lawrence-Douglas County Metropolitan Planning Department, was present for the discussion. Day explained that this site plan is a revision to the original site plan to show:<BR>1) Increase square footage of church auditorium building;<BR>2) Modify the square footage of the education building; and<BR>3) add an additional residence.</P> <P>Day recommended approval of the site plan subject to the following conditions:</P> <P>1) Provision of written conformation from Kansas Department of Health and Environment stating the existing lagoon complies with minimum state design criteria based on the additional uses;<BR>2) Provision of a note on the face of the site plan to state: "existing west entrance onto Route 438 is for access of maintenance vehicles and equipment only. Access to be controlled by locked gate. Bus use of this entrance is prohibited."<BR>3) Provision of a revised site plan to show typical dimensions of the parking lot including access aisles, typical parking stall width and depth and all designed accessible spaces; and<BR>4) Provision of a revised site plan to correctly show the total number of off-street parking spaces.</P> <P>Jones questioned the existing maintenance driveway located near the northwest corner of the property which has access onto N 1800 Road (Route 438). While the Staff Review notes this is to be used for future lagoon system maintenance purposes and will not be used as a general access for church attendees, Jones stated he feared that over time there will be pressure to provide access there.</P> <P>McElhaney agreed.</P> <P>Pastor Hanks said this was considered a maintenance driveway to be used for future lagoon maintenance purposes. There is a locked gate to prevent general access. Hanks requested that they be allowed to keep the driveway. </P> <P>Johnson stated he would prefer to remove the access point from Route 438. </P> <P>Hanks stated he would prefer to keep the maintenance driveway in order to allow access for heavy trucks when the lagoon system needed maintenance -- it may be used once in ten (10) years.</P> <P>Jones then questioned Item Number 7 noted on the Site Plan regarding the approved lagoon system. Jones understood it would need to be inspected again because of the increased load.</P> <P>Hanks stated he had a conversation with the State confirming that no additional inspection was necessary. However, he did not have written documentation. Day agreed to call the State and get documentation.</P> <P>McElhaney stated he would be in favor of keeping the maintenance entrance on 438 if it did not have access to the parking lot.</P> <P>Hanks then agreed to remove the maintenance entrance but expressed frustrations with all the red tape to get a building permit.</P> <P>Jones then made a motion to approve SP-07-43-04 subject to the following conditions:</P> <P>1) Provision of written confirmation from Kansas Department of Health and Environment stating the existing lagoon complies with minimum state design criteria based on the additional uses;<BR>2) Provision of a revised site plan to show typical dimensions of the parking lot including access aisles, typical parking stall width and depth and all designed accessible spaces;<BR>3) Provision of a revised site plan to correctly show the total number of off-street parking spaces; <BR>4) Removal of the maintenance entrance; and <BR>5) Item 7 on the face of the plat be revisited after Planning Staff has consulted with the Department of Health &amp; Environment.</P> <P>Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 08-23-04</STRONG><BR>Johnson moved approval of accounts payable in the amount of $170,324.84 to be paid 08/23/04; accounts payable manual checks in the amount of $1,368.24; payroll in the amount of $614,101.57; and electronic funds transfers in the amounts of $43,847.16 for FICA and $37,354.17 for KPERS to be paid 08/20/04. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>APPOINTMENTS 08-23-04<BR></STRONG>Jones made a motion to appoint Lenny Conrad, Lawrence, Kansas and Dale Smith, Baldwin City, Kansas to the Board of Building Code Appeals which terms shall expire on August 23, 2008. Motion was seconded by McElhaney and carried unanimously. It should be noted that Mr. Conrad replaces J&#160; Yost and Mr. Smith replaces Mel Lisher, Sr.</P> <P><STRONG>MISCELLANEOUS 08-23-04</STRONG><BR>At 9:50 A.M. Jones made a motion that the Board recess to go into executive session with Evan Ice, County Counselor, and Pam Madl, Assistant County Administrator, until 10:10 A.M. to discuss litigation. Motion was seconded by McElhaney and carried unanimously. The Board returned to regular session at 10:06 A.M. No action was taken.</P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P><BR>_____________________________ _____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Bob Johnson, Member</P> <P>ATTEST:</P> <P><BR>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member<BR></P>

<P>Jones called the meeting to order at 8:38 A.M. on Monday, November 1, 2004 with all members present.</P> <P><STRONG>CONSENT AGENDA 11-01-04 <BR></STRONG>Johnson moved approval of the following Consent Agenda:</P> <P>Approve the 2005 Holiday Schedule as follows:<BR><BR>New Year's Day Friday, December 31, 2004<BR>Martin Luther King's Day Monday, January 17<BR>Memorial Day Monday, May 30<BR>Fourth of July Monday, July 4<BR>Labor Day Monday, September 5<BR>Thanksgiving Thursday-Friday, November 24-25<BR>Christmas Monday, December 26<BR>Two (2) Personal Discretionary Days</P> <P>Personal Discretionary Day:<BR>Eligibility: Employee's status must be full time or part time with benefits, with an employment date on or before October 1, 2005. Employees hired after June 30, 2005 (but before October 1) are only entitled to one (1) personal discretionary day.<BR>Definition: One (1) normal work day.<BR>Scheduling: Must be taken all at one time (may not be split into hours). Must be scheduled in advance through the employee's supervisor and according to departmental procedures. Must be utilized during the calendar year 2005 and PRIOR to December 17, 2005.</P> <P>McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>AMBULANCE &amp; PURCHASING 11-01-04</STRONG><BR>Mark Bradford, Deputy Chief of the Lawrence-Douglas County Fire &amp; Medical Department, appeared before the Board requesting approval to purchase the following items from the Ambulance Capital Reserve Fund:</P> <P>Extrication Equipment (1) $13,500<BR>Life Pak 12 (1) $21,300<BR>Mobile Data Computers -- MDC (2) $21,400</P> <P>This equipment will be placed on the two new medic units that were recently approved by the County Commission. The extrication equipment pricing is from the only vendor authorized to sell in our region. The Life Pak 12 and MDC items are on state contract and reflect competitive bidding at the state level. Jones made a motion to waive the Purchasing Policy and authorize the purchase of the equipment as outlined above. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>PLANNING 11-01-04<BR></STRONG>The Board considered SP-09-63-04: A Site Plan for Bulldog Tow, locating to an existing commercial building at 1881 E 1450 Road (U.S. Highway 24/59). Submitted by Jeffrey Jacob for Marjorie LaFrentz, property owner of record. Paul Patterson, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. Patterson explained that this site has an existing commercial building and is located along the west side of U.S. Highway 24/59. The property backs up to railroad tracks. The applicant also proposes the sale of used vehicles as an accessory use. The display of vehicles for sale outside of the screened storage area is limited to four vehicles at any one time.</P> <P>The applicant has recently installed a screened fence area to the south of the building and is making improvements to the property. The applicant will need to obtain a sign permit from the Douglas County Zoning Administrator for signs on the property. The applicant will also need to obtain any required building permits for improvements to the property.</P> <P>Patterson recommended approval of the Site Plan (SP-09-63-04) subject to the following conditions:</P> <P>1. Provision of a revised site plan to include the following revisions:<BR>a. Include the required handicap parking sign and handicap parking space at the entrance to the building per Section 16-102.<BR>b. Label the area where vehicles for sale may be located.<BR>c. Label the number of parking spaces required/provided.<BR>d. Label width of driveway.<BR>2. Provide the following notes on the face of the site plan:<BR>a. "Exterior lighting to be shielded so as not to glare off-site per Sec tion 19A-4.12."<BR>b. "The site plan has been designed to comply with the provisions of the Americans with Disabilities Act Accessibility Guidelines (ADAAG) for buildings and facilities, appendix A to 28 CFR part 36."<BR>3. The applicant will obtain a building permit from the County for all work including the signs and lighting and any work on the building that requires a building permit.<BR>4. The building will need to comply with all applicable requirements for the occupancy (i.e., wiring, plumbing, mechanical, and the actual building construction).<BR>5. The applicant will obtain a sign permit for any signs on the property.<BR>6. Display of any vehicles for sale, outside of the screened storage area, will be limited to a maximum of four at any one time.</P> <P>Jones expressed concerns regarding the access off of Highway 24/59 with increasing traffic. Patterson explained that they will be using an existing driveway that has good site distance.</P> <P>Jones then questioned whether there would be an alternative location for the vehicles for sale so they weren't as visible from the road.</P> <P>Jeffrey Jacob, owner of Bulldog Tow, stated he wouldn't typically have vehicles for sale -- he is just trying to get rid of the ones he currently has.</P> <P>Johnson made a motion to approve SP-09-63-04 subject to the above conditions and subject to the condition that the Site Plan be modified to indicate it's a 24' driveway per KDOT regulations. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 11-01-04</STRONG><BR>A concerned citizen appeared before the Board expressing concerns about campaign signs being located too close to voting places and brochures being placed in the polling places at previous elections. The Board directed staff to discuss these concerns with Patty Jaimes, County Clerk.</P> <P><STRONG>MISCELLANEOUS 11-01-04</STRONG><BR>The Board conducted a work session to discuss platform issues. No action was taken.</P> <P><STRONG>MISCELLANEOUS 11-01-04</STRONG><BR>Johnson moved approval of the following minutes:</P> <P>March 1, March 31, April 5, April 7, April 9, April 12, April 14, April 19, April 26, April 28, May 3, May 11, May 12, May 17, May 19, May 24, May 26, June 7, June 14, June 21, June 23, July 12, July 14, July 19, July 26, August 6, August 25, September 1, September 13, September 15, September 20, September 27, September 29, October 11, October 13, October 20, and October 27, 2004.</P> <P>Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 11-01-04</STRONG><BR>Johnson moved approval of accounts payable in the amount of $120,383.20 to be paid 11/01/04; accounts payable manual checks in the amount of $1,368.24; payroll in the amount of $598,849.37; and electronic funds transfers in the amounts of $45,848.23 for FICA and $37,837.93 for KPERS to be paid 10/29/04. Motion was seconded by Jones and carried unanimously.</P> <P>Jones made a motion to adjourn; McElhaney seconded and the motion carried unanimously.</P> <P></P> <P>_______________________________ _______________________________<BR>Charles Jones, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_______________________________ _______________________________<BR>Patty Jaimes, County Clerk Jere McElhaney, Member<BR></P>

<P>Jones called the meeting to order at 6:38 P.M. on Wednesday, November 3, 2004 with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 11-03-04</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Resolution No. 04-33 classifying the roadway in Oak Grove Estates #2 Subdivision as a township road and assigning maintenance of this roadway to Wakarusa Township.</LI></UL> <P>Johnson seconded and the motion carried unanimously.</P> <P><STRONG>PUBLIC WORKS 11-03-04<BR></STRONG>The Board noted receipt of the 2004-2005 Snow and Ice Control Manual. Keith Browning, Director of Public Works/County Engineer, noted that this year's manual is substantially the same as previous years with two notable exceptions:</P> <P>&nbsp;1.&nbsp;Repair of mailboxes. This year's manual states that the County will repair mailboxes damaged by road maintenance equipment or displaced snow and ice from the snowplow. In previous years, mailbox installations damaged by displaced snow and ice from the snowplow were the property owner's responsibility to repair. When mailbox installations are repaired, the mailbox will be reset on a 4" x 4" wood post. Rigid or oversized mailbox supports will not be reset or allowed to remain.</P> <P>&nbsp;2.&nbsp;Addition of designated snow routes. This year's manual lists nine (9) designated routes for patrolling with maintenance equipment. In previous years, seven (7) snow routes were designated. The same nine trucks will be on the road as last year, however this year two trucks will be assigned designated routes rather than support other routes. It is felt this will result in more efficient snow and ice fighting efforts.</P> <P>No action was taken.</P> <P><STRONG>PUBLIC WORKS 11-03-04</STRONG><BR>The Board discussed mailbox installation regulations. Keith Browning, Director of Public Works/County Engineer, presented a draft Home Rule Resolution establishing regulations for the accommodation of mailboxes and newspaper delivery boxes on Douglas County rights-of-way.</P> <P>Johnson stated he was concerned that the people who will be impacted may not hear about the new regulations and wanted to be sure that the Board provide as much public notification as possible. </P> <P>Browning stated that an inventory of County hard surfaced roads (not gravel or township roads) indicate approximately 125 non-conforming mailboxes. </P> <P>Jones suggested that a public hearing be scheduled with notification sent to the approximately 125 individuals identified. No action was taken.</P> <P><STRONG>APPOINTMENTS &amp; ZONING 11-03-04</STRONG><BR>Jones made a motion to reappoint Jim Bowen, Lawrence, Kansas, to the Board of Zoning Appeals for a three (3) year term which shall expire October 31, 2004. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>APPOINTMENTS &amp; ZONING 11-03-04</STRONG><BR>Jones made a motion to appoint Janet Grant, Lawrence, Kansas, to the Board of Zoning Appeals for a three (3) year term which shall expire October 31, 2004. Johnson seconded and the motion carried unanimously. It should be noted that Ms. Grant replaces Bill Underwood who was not eligible for reappointment.</P> <P><STRONG>APPOINTMENTS &amp; ZONING 11-03-04</STRONG><BR>Jones made a motion to reappoint J. Stephan Lane, Lawrence, Kansas, to the Building Code Board of Appeals for a four (4) year term which shall expire November 3, 2008. Motion was seconded by Johnson and carried unanimously.</P> <P>Jones made a motion to adjourn; McElhaney seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>______________________________&nbsp;________________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>______________________________&nbsp;________________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Member<BR></P>

<P>Jones called the special meeting to order at 9:03 A.M. on Monday, November 8, 2004 with all members present. The purpose of the special meeting was to canvass the results of the General Election which was held on Tuesday, November 2, 2004.</P> <P>There were two thousand eight hundred ninety-seven (2897) provisional ballots, Patty Jaimes, County Clerk, made the following recommendations:</P> <P> <TABLE cellSpacing=0 cellPadding=8 width=540 border=0> <TBODY> <TR> <TD width="82%" height=26><B><FONT face=Arial size=2> <P>RECOMMEND COUNTING</B></FONT></P></TD> <TD width="18%" height=26><B><FONT face=Arial size=2> <P align=right># BALLOTS</B></FONT></P></TD></TR> <TR> <TD width="82%" height=26><FONT face=Arial size=2> <P>Change of Address</FONT></P></TD> <TD width="18%" height=26><FONT face=Arial size=2> <P align=right>882</FONT></P></TD></TR> <TR> <TD width="82%" height=26><FONT face=Arial size=2> <P>Advance Mailed, But Not Returned</FONT></P></TD> <TD width="18%" height=26><FONT face=Arial size=2> <P align=right>228</FONT></P></TD></TR> <TR> <TD width="82%" height=26><FONT face=Arial size=2> <P>Name Change</FONT></P></TD> <TD width="18%" height=26><FONT face=Arial size=2> <P align=right>28</FONT></P></TD></TR> <TR> <TD width="82%" height=26><FONT face=Arial size=2> <P>Pollworker or Clerk’s Error</FONT></P></TD> <TD width="18%" height=26><FONT face=Arial size=2> <P align=right>162</FONT></P></TD></TR> <TR> <TD width="82%" height=26><FONT face=Arial size=2> <P>Wrong Precinct -- All Races Same</FONT></P></TD> <TD width="18%" height=26><FONT face=Arial size=2> <P align=right>134</FONT></P></TD></TR> <TR> <TD width="82%" height=26><FONT face=Arial size=2> <P>Wrong Precinct -- Not All Races Same (Partial Count)</FONT></P></TD> <TD width="18%" height=26><FONT face=Arial size=2> <P align=right>162</FONT></P></TD></TR> <TR> <TD width="82%" height=26><FONT face=Arial size=2> <P>ID Provided Before the Canvass</FONT></P></TD> <TD width="18%" height=26><FONT face=Arial size=2> <P align=right>378</FONT></P></TD></TR> <TR> <TD width="82%" height=26><FONT face=Arial size=2> <P>Voter Error</FONT></P></TD> <TD width="18%" height=26><FONT face=Arial size=2> <P align=right>6</FONT></P></TD></TR> <TR> <TD width="82%" height=26><FONT face=Arial size=2> <P>Registered and Then Advance Voted Before Registration Was Entered</FONT></P></TD> <TD width="18%" height=26><FONT face=Arial size=2> <P align=right>17</FONT></P></TD></TR> <TR> <TD width="82%" height=26> <P>&nbsp;</P></TD> <TD width="18%" height=26><FONT face=Arial size=2> <P align=right>1997</FONT></P></TD></TR> <TR> <TD width="82%" height=26> <P>&nbsp;</P></TD> <TD width="18%" height=26> <P></P></TD></TR> <TR> <TD width="82%" height=26><B><FONT face=Arial size=2> <P>RECOMMEND NOT COUNTING</B></FONT></P></TD> <TD width="18%" height=26> <P></P></TD></TR> <TR> <TD width="82%" height=26><FONT face=Arial size=2> <P>Not Registered in Douglas County</FONT></P></TD> <TD width="18%" height=26><FONT face=Arial size=2> <P align=right>638</FONT></P></TD></TR> <TR> <TD width="82%" height=26><FONT face=Arial size=2> <P>No ID Provided</FONT></P></TD> <TD width="18%" height=26><FONT face=Arial size=2> <P align=right>122</FONT></P></TD></TR> <TR> <TD width="82%" height=26><FONT face=Arial size=2> <P>Voter Error</FONT></P></TD> <TD width="18%" height=26><FONT face=Arial size=2> <P align=right>4</FONT></P></TD></TR> <TR> <TD width="82%" height=26><FONT face=Arial size=2> <P>Voted After Close of Advance Voting on Monday</FONT></P></TD> <TD width="18%" height=26><FONT face=Arial size=2> <P align=right>4</FONT></P></TD></TR> <TR> <TD width="82%" height=26><FONT face=Arial size=2> <P>No Signature on Advance Mail Ballot Envelope</FONT></P></TD> <TD width="18%" height=26><FONT face=Arial size=2> <P align=right>124</FONT></P></TD></TR> <TR> <TD width="82%" height=26><FONT face=Arial size=2> <P>Voter Signed the Wrong Advance Mail Ballot Envelope</FONT></P></TD> <TD width="18%" height=26><FONT face=Arial size=2> <P align=right>8</FONT></P></TD></TR> <TR> <TD width="82%" height=26> <P></P></TD> <TD width="18%" height=26><FONT face=Arial size=2> <P align=right>900</FONT></P></TD></TR></TBODY></TABLE><FONT face=Arial></P></FONT> <P>Johnson noted the recommendations were consistent with previous actions.</P> <P>&#160;Jones made a motion that Jaimes' recommendations be approved; Johnson seconded and the motion carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 11-08-04</STRONG><BR>Jones made a motion to approve accounts payable in the amount of $357,666.54 to be paid 11/08/04; excess vacation payroll in the amount of $43,333.46; and electronic funds transfers in the amounts of $3,320.93 for FICA and $2,089.44 for KPERS to be paid 11/05/04. Motion was seconded by Johnson and carried unanimously.</P> <P>At 10:30 A.M., Jones made a motion that the Board recess until 4:45 P.M. in order to allow the Clerk's office to count the additional ballots. Motion was seconded by Johnson and carried unanimously.</P> <P>The Board reconvened at 4:47 P.M. with all members present.</P> <P>No errors were found and the results of the election were not changed. Jones made a motion that the results be declared official; McElhaney seconded and the motion carried unanimously.</P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>______________________________&nbsp;&nbsp;&nbsp;&nbsp; ________________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>______________________________&nbsp;&nbsp;&nbsp;&nbsp; ________________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P>

<P>Jones called the meeting to order at 6:33 P.M. on Wednesday, November 10, 2004 with all members present. </P> <P><STRONG>CONSENT AGENDA 11-10-04<BR></STRONG>Jones moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5268. Order is on file in the office of the County Clerk.</LI></UL> <P>Johnson seconded and the motion carried unanimously.</P> <P><STRONG>ZONING 11-10-04</STRONG><BR>The Board discussed a request received by George &amp; Judy Paley to grant a variance of the 250' road frontage requirement along a public road required by Home Rule Resolution No. HR-03-11-5. The property is located in Section 34, Township 13 South, Range 19 East containing 39.99 acres. Keith Dabney, Director of Zoning &amp; Codes, noted that he did not believe the Paleys knew of the 250' road frontage requirement when they purchased the property on February 1, 1996. They currently have approximately 182' of frontage and would not be able to obtain a building permit without the variance or unless the property is approved to rezoned and platted. Dabney also noted that since the subject property is not within the Urban Growth Area and is not contiguous to another subdivision, it would be extremely difficult to receive approval to rezone and plat. Dabney recommended approval of the variance to allow the construction of one dwelling with the stipulation that no divisions be allowed unless the property is rezoned and platted and the road developed to County standards.</P> <P>Jones stated he would have a tough time granting a variance and suggested that the Paleys work with Wakarusa Township to extend the road far enough to get the 250' frontage or improve the road another 70' and dedicate the road to Wakarusa Township. No action was taken.</P> <P><STRONG>OUT-DISTRICT TUITION STATEMENTS 11-10-04<BR></STRONG>Johnson moved approval of the seventeen (17) Out-District College Tuition Statements in the amount of $134,400; Jones seconded and the motion carried with McElhaney opposed.</P> <P>&#160;Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>______________________________&nbsp;________________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>______________________________&nbsp;________________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member<BR></P>

<P>Jones called the meeting to order at 6:35 P.M. on Wednesday, November 17, 2004 with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 11-17-04</STRONG><BR>Johnson moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5270 and 5271. Orders are on file in the office of the County Clerk.</LI></UL> <P>Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PLANNING 11-17-04</STRONG><BR>The Board considered Item No. 9 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated October 27, 2004. This item is CUP-09-03-04: Conditional Use Permit request for Valley Sharpening Service. The property is located at 701 E 1747 Road, directly west of Vinland Elementary School. Subjected by Rick and Kellie Westgate, property owners of record. Sandra Day, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. This item comes to the Board with a unanimous recommendation for approval based on the following Findings of Fact:</P> <P><STRONG>FINDINGS OF FACT:</STRONG></P> <P><STRONG>Zoning and uses of property nearby.</STRONG> The subject property is developed with a residence and several out-buildings. The property is a small parcel compared to the surrounding area and is provided access via an existing private road which also serves the adjacent elementary school. The property is surrounded by agricultural zoning in all directions. The Community of Vinland is located to the west of the subject property.</P> <P><STRONG>Character of the area.</STRONG> The area is best described as an unincorporated rural community located in the southern portion of Douglas County. This area includes residential, agricultural, business and community uses and facilities.</P> <P><STRONG>Suitability of subject property for the uses to which it has been restricted. </STRONG>The property is agriculturally zoned and includes an existing residence and out buildings. Conditional Use Permits (CUP's) are designed to allow special and unique land uses to occur. Approval of a Conditional Use Permit will not alter the base zoning.</P> <P><STRONG>Length of time subject property has remained vacant as zoned.</STRONG> The subject property is not vacant as noted above. The applicant resides at this residence. It has been zoned A (Agricultural) District since the adoption of the zoning regulations in the unincorporated portions of Douglas County in 1966.</P> <P><STRONG>Extent to which removal of restrictions will detrimentally affect nearby property.</STRONG> The addition of this use on this rural residential home site is not anticipated to detrimentally affect nearby property. The proposed use d&#160;s not alter the base zoning district. The proposed request d&#160;s not alter the existing physical improvements to the property according to the applicant's statement. Access is provided via an existing private County Road (E 1747 Road) which also serves the abutting elementary school.</P> <P><STRONG>Relative gain to the public health, safety and welfare by the destruction of the value of the petitioner's property as compared to the hardship imposed upon the individual landowners.</STRONG> The subject property will continue to be used primarily as a residential home site. No detrimental impacts are anticipated by the addition of this home occupation.</P> <P><STRONG>Conformance with <EM>The Comprehensive Plan</EM>.</STRONG> A Conditional Use Permit can be used to allow limited commercial and industrial expansion or establish new or temporary areas for certain non-residential uses. This tool allows proportional development in harmony with the surrounding area. The proposed request is consistent with <EM>Horizon 2020</EM>.</P> <P>AND subject to the following conditions:</P> <P>&nbsp;1.&nbsp;Provision of a note on the face of the site plan stating, "The Conditional Use Permit will be re-evaluated by the County Commission before November 17, 2009. The CUP will expire on November 17, 2014. Continuation of the use covered by this CUP beyond November 17, 2014 will require the applicant to obtain rezoning or approval of a new CUP."<BR>&nbsp;2.&nbsp;Provision of a revised site plan to include the following changes:<BR>&nbsp;&nbsp;a.&nbsp;Show location of off-street parking areas within existing driveway per 19A-4.11;<BR>&nbsp;&nbsp;b.&nbsp;Provide a note stating: "Non-resident employees are limited to one (1)";<BR>&nbsp;&nbsp;c.&nbsp;State on the plan if there are restroom facilities in the shop and that any such addition is subject to health department review and approval;<BR>&nbsp;&nbsp;d.&nbsp;Provision of a note on the face of the site plan that states; "Any exterior storage of equipment shall be completely screened per Section 19-4(24) of the County Zoning Regulations."; and<BR>&nbsp;&nbsp;e.&nbsp;Provision of a note on the face of the site plan that states: "The&nbsp;addition of exterior storage of materials shall first require a revision to the site plan portion of the CUP by the County Commission."</P> <P>Jones requested that staff check for consistency in the language pertaining to the ten (10) year approval with five (5) year review. Jones then made a motion to approve CUP-09-03-04 subject to the above conditions; Johnson seconded and the motion carried unanimously.</P> <P><STRONG>EXTENSION &amp; RESOLUTIONS 11-17-04<BR></STRONG>The Board discussed a proposed resolution approving a proposed extension district with Shawnee County, Kansas. Trudy Rice, Douglas County Extension Director, was present and introduced Extension Executive Board and staff members. </P> <P>Rice explained that an opportunity exists for Douglas and Shawnee County Extension Councils to form an Extension District. County Extension Executive Boards in both counties have approved a plan that would permit the individual extension councils to merge operations into one organization. The past several months has been spent sharing the idea with the public. This has been accomplished through educational meetings, newsletters, media releases and mass mailings.</P> <P>Benefits of forming a district include increased operational efficiency and increased effectiveness of personnel through specialization, resulting in higher quality educational programming for our citizens. The visibility of extension will be enhanced by the combined efforts and expanded use of technology. Staff will remain at their current location and local offices will be maintained. To maintain the total dollars of the current county appropriations in Douglas and Shawnee counties, the mill levy equivalent for the extension district would be slightly lower than the current level in Douglas County.</P> <P>The recommendation of the Douglas County Extension Executive Board is to vote in support of a resolution indicating the County's intention to approve an agreement to permit the Douglas County Extension Council to join the Shawnee County Extension Council in forming an extension district. </P> <P>John Bradley, Douglas County Extension Board Chair, and Kevin Journagan, Shawnee County Extension Board Chair, conducted brief presentations.</P> <P>McElhaney raised questions concerning buildings and grounds maintenance, utilities, overhead, and general upkeep maintenance. Craig Weinaug, County Administrator, stated that the current Extension Office is owned by Douglas County which was taxed for the purpose of building a building for that specific purpose and suggested that a lease agreement could be executed to address those particular issues.</P> <P>McElhaney questioned how the elected Board positions would work. Rice explained that there would be four (4) individuals from each county that are part of the District and they would be elected positions. The elections would be held at the same time the city/school elections are held in odd numbered years. Rice also explained that the County Commission would make the appointments until 2007. </P> <P>McElhaney then questioned whether the District would have taxing authority. Rice stated they would have the power to levy taxes on residents of both counties, by law, an amount of up to 2.5 mills or $75,000 per county, whichever is greater.</P> <P>Johnson stated that while he was a supporter of the Extension Office, he found it difficult to vote for another taxing unit since he believes there are too many in Douglas County now. He indicated that if he were to support this proposal, he would like to see it pass with a unanimous vote from both counties.</P> <P>Jones noted that Douglas County d&#160;s a better job of funding the Extension Office than d&#160;s Shawnee County. He pointed out that looking at the funding per capita, Douglas County spends approximately $4.32 compared with Shawnee County's $2.83 and that would constitute a large increase in terms of what Shawnee County residents currently pay. He questioned whether or not Shawnee County was comfortable with that. Journagan stated he believed they were.</P> <P>Jones then expressed concern about the level of service dropping off. He suggested that both Commissions sit down and discuss all the implications.</P> <P>Cheryl Hunsinger, Gary Price, Elissa Golden, Terry Price, Brenna Wulfkuhl, and Earl Van Meter spoke in favor of the district.</P> <P>It was the consensus of the Board to table action until a joint meeting with Shawnee County has been scheduled. No action was taken.</P> <P><STRONG>ACCOUNTS PAYABLE 11-17-04</STRONG><BR>Johnson moved approval of accounts payable manual checks in the amount of $3,625.60; Jones seconded and the motion carried unanimously.</P> <P><STRONG>APPOINTMENTS 11-17-04<BR></STRONG>Johnson made a motion to appoint Charles Wintermantel to act as temporary auditor for the months of January and February 2005 in the absence of Dean Nieder. Motion was seconded by Jones and carried unanimously.</P> <P><BR>Jones made a motion to adjourn, seconded by Johnson and carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Jere McElhaney, Member</P> <P><BR>&nbsp;</P>

<P>Jones called the meeting to order at 8:03 A.M. on Monday, November 22, 2004 with all members present. The Pledge of Allegiance was recited.</P> <P>Johnson moved approval of the minutes of November 15, 2004 as amended; motion was seconded by Jones and carried unanimously.</P> <P><STRONG>MISCELLANEOUS &amp; SHERIFF 11-22-04<BR></STRONG>The Board recognized the retirement of Byron Miller from the Dive Team. Ken McGovern, Undersheriff, conducted a brief presentation noting that Mr. Miller has served for 18 years. Mike Shanks, Lawrence Police Department, also made brief comments. No action was taken. </P> <P><STRONG>CONSENT AGENDA 11-22-04</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5273, 5274 and 5275. Orders are on file in the office of the County Clerk.</LI></UL> <P>Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>PUBLIC WORKS &amp; ZONING 11-22-04<BR></STRONG>The Board discussed a request received from Phil and Kerry Metsker to discuss options regarding a requested entrance at Lone Star. Keith Dabney, Director of Zoning &amp; Codes, and Keith Browning, Director of Public Works/County Engineer, were present for the discussion. Dabney explained that the Metskers are requesting access in order to access land for agricultural purposes. This request was originally discussed on 10/04/04 and again on 10/13/04. Dabney also explained that the current owner, Alvin Fishburn, obtained approval from the County Commission for a drive crossing Lone Star Lake property to service a new residence. However, the drive was never constructed.</P> <P>Johnson questioned whether the applicant would need to obtain a permit for agricultural purposes. Dabney responded that they would not unless they intended to construct a building. Johnson then asked if no matter the use, would an entrance permit be required to take access. Dabney and Browning responded that a permit would be required. Johnson questioned whether the application would require the type of use on it. Browning stated that there is a section on the application indicating the type of use. </P> <P>Johnson then stated he was originally under the impression the Metskers were asking for an entrance in order to obtain a building permit for a residential site.</P> <P>Dabney stated that this was true, initially. Browning noted the entrance permit was in Metsker's name. </P> <P>Johnson questioned why Fishburn didn't construct the road. Browning and Dabney responded they were not sure.</P> <P>Jones stated that since the property was not land-locked, he questioned the Board's legal obligation to grant access. The Metskers do have access off of a minimum maintenance road. He also questioned why Fishburn wasn't the applicant since he owns the property. Jones requested that staff look into that particular issue.</P> <P>McElhaney noted that according to case law, the tenant or person working the property has a statutory right to request certain things such as water usage, drainage, right to access property -- the request d&#160;s not have to come from the property owner. </P> <P>Vernon Jarb&#160;, attorney for the Metskers, stated that the Metskers are the farming tenants as well as being the contract purchaser. Jarb&#160; noted that the purchaser holds a legal interest in property even though it hasn't closed yet, which explains why the applicant is the buyer instead of the current owner. Jarb&#160; also stated that since the property abuts a public road, the property owner has the right of access.</P> <P>Jones stated that staff contends this is not a public road.</P> <P>Jarb&#160; noted that there are at least 32 entrances which appear to exist mostly on land owned by public. If there were no other entrances, there might be that argument. </P> <P>Johnson noted he was under the impression that the Metskers intended to build a house on the property. Jarb&#160; stated that no house is involved -- his clients agree this is for an agricultural entrance only.</P> <P>Jones stated he would like to table this item to consult with the County Counselor. </P> <P>Johnson noted for the record that he'd had a long conversation with the Metskers and learned more about their request. Johnson further stated that he was not in support of the request unless required by law.</P> <P>Jones reiterated his recollection of a long discussion about the construction of a residence and the fact that access could not be taken off of a minimum maintenance road for that purpose. Jones requested additional information from the County Counselor and that this item be tabled until a date that the County Counselor would be available to attend. No action was taken.</P> <P><STRONG>PUBLIC WORKS 11-22-04</STRONG><BR>The Board noted receipt of a petition for Hesper Charter Road Improvement District. Keith Browning, Director of Public Works/County Engineer, explained that this petition calls for the improvement of existing aggregate surfaced roadways by constructing an aggregate base with chip sealed roadway surface and drainage structure replacements. After discussion, Jones made a motion to accept the petition and directed staff to schedule a public hearing for December 15, 2004, subject to the petition being validated. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 11-22-04</STRONG><BR>Johnson moved approval of accounts payable in the amount of $418,793.21 to be paid 11/22/04; merit payroll in the amount of $68,314.67; and electronic funds transfers in the amounts of $5,238.61 for FICA and $2,992.92 for KPERS to be paid 11/19/04. Motion was seconded by Jones and carried unanimously.</P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>______________________________&nbsp;________________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>______________________________&nbsp;________________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Member<BR></P>

<P>Jones called the meeting to order at 8:34 A.M. on Monday, November 29, 2004 with all members present.</P> <P><STRONG>CONSENT AGENDA 11-29-04<BR></STRONG>Johnson moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5276. Order is on file in the office of the County Clerk;</LI> <LI>Note receipt of fee reports for the month of October;</LI> <LI>Award contract for audit services to Lowenthal, Singleton, Webb &amp; Wilson; and</LI> <LI>Authorize Paula Phillips, Director of Emergency Management, to sign the maintenance agreement with Blue Valley Public Safety in the amount of $11,036.04 for maintenance of outdoor warning sirens.</LI></UL> <P>Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>COMMUNITY CORRECTIONS 11-29-04</STRONG><BR>The Board discussed the Douglas County Community Corrections Application for FY 2004 Unexpended Funds. Ron Stegall, Director of Community Corrections, was present for the discussion. Stegall explained that this application provides the format for Kansas Community Corrections Act agencies to request FY 2004 Unexpended Grant Funds for use during FY 2005. Department records show that $831,640.11 may be available for this purpose. An agency can use these funds to sustain, enhance and/or create interventions that address the criminogenic needs cited in its approved FY 2005 Comprehensive Plan, and to support certain agency operations. After discussion, Jones made a motion to approve the Community Corrections Act Agencies Application for FY 2004 Unexpended Funds. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>YOUTH SERVICES 11-29-04<BR></STRONG>The Board discussed the 7th Judicial District Juvenile Justice Authority Prevention, Intervention and Core Services Funding Applications for FY 2006. Pam Weigand, Youth Services Director, was present for the discussion. Weigand explained that the Juvenile Justice Authority projected funding allocation for Prevention, Intervention and Core Programs are based on FY 2005 funding levels. The funding is contingent on state funding remaining the same as FY 2005 allocation levels.<BR></P> <P> <TABLE cellSpacing=0 cellPadding=6 width=576 border=1> <TBODY> <TR> <TD width="67%" height=26><FONT face=Arial size=1> <P align=center>Funding Type</FONT></P></TD> <TD width="17%" height=26><FONT face=Arial size=1> <P align=right>FY 2005</FONT></P></TD> <TD width="17%" height=26><FONT face=Arial size=1> <P align=right>FY 2006</FONT></P></TD></TR> <TR> <TD width="67%" height=26><FONT face=Arial size=1> <P>Prevention</FONT></P></TD> <TD width="17%" height=26><FONT face=Arial size=1> <P align=right>$115,193.00</FONT></P></TD> <TD width="17%" height=26><FONT face=Arial size=1> <P align=right>$117,858.00</FONT></P></TD></TR> <TR> <TD width="67%" height=26><FONT face=Arial size=1> <P>Intervention/Graduated Sanctions</FONT></P></TD> <TD width="17%" height=26><FONT face=Arial size=1> <P align=right>$64,898.00</FONT></P></TD> <TD width="17%" height=26><FONT face=Arial size=1> <P align=right>$64,898.00</FONT></P></TD></TR> <TR> <TD width="67%" height=26><FONT face=Arial size=1> <P>Core Services</FONT></P></TD> <TD width="17%" height=26><FONT face=Arial size=1> <P align=right>$478,622.00</FONT></P></TD> <TD width="17%" height=26><FONT face=Arial size=1> <P align=right>$478,622.00</FONT></P></TD></TR> <TR> <TD width="67%" height=26><FONT face=Arial size=1> <P align=right>Total</FONT></P></TD> <TD width="17%" height=26><FONT face=Arial size=1> <P align=right>$658,713.00</FONT></P></TD> <TD width="17%" height=26><FONT face=Arial size=1> <P align=right>$661,378.00</FONT></P></TD></TR></TBODY></TABLE><FONT face=Arial></FONT></P> <P>The Grant Review Committee and Douglas County Youth Services staff completed the initial grant review process for the Juvenile Corrections Advisory Board as in years past. The Grant Review Committee members interviewed all of the applicant agencies and notified the agencies of the Committee's preliminary funding recommendations. Agencies were advised of their ability to appeal to the Grant Review Committee. No requests for appeal were received.</P> <P>The funding recommendations were then reviewed and approved by the Douglas County Juvenile Corrections Advisory Board as follows:</P> <P> <TABLE cellSpacing=0 cellPadding=6 width=576 border=1> <TBODY> <TR> <TD width="32%" height=26><FONT face=Arial size=1> <P align=center>Applicant Agency</FONT></P></TD> <TD width="31%" height=26><FONT face=Arial size=1> <P align=center>Program</FONT></P></TD> <TD width="11%" height=26><FONT face=Arial size=1> <P align=right>FY 2005 Award</FONT></P></TD> <TD width="11%" height=26><FONT face=Arial size=1> <P align=right>FY 2006 Requested</FONT></P></TD> <TD width="14%" height=26><FONT face=Arial size=1> <P align=right>FY 2006 Recommended</FONT></P></TD></TR> <TR> <TD width="32%" height=26><FONT face=Arial size=1> <P align=center>Bert Nash Mental Health Center</FONT></P></TD> <TD width="31%" height=26><FONT face=Arial size=1> <P align=center>Working to Recognize Alternative Possibilities (WRAP)</FONT></P></TD> <TD width="11%" height=26><FONT face=Arial size=1> <P align=right>$21,081.00</FONT></P></TD> <TD width="11%" height=26><FONT face=Arial size=1> <P align=right>$21,081.00</FONT></P></TD> <TD width="14%" height=26><FONT face=Arial size=1> <P align=right>$21,000.00</FONT></P></TD></TR> <TR> <TD width="32%" height=26><FONT face=Arial size=1> <P align=center>Big Brothers/Big Sisters of Douglas County</FONT></P></TD> <TD width="31%" height=26><FONT face=Arial size=1> <P align=center>Community Based Program</FONT></P></TD> <TD width="11%" height=26><FONT face=Arial size=1> <P align=right>$0.00</FONT></P></TD> <TD width="11%" height=26><FONT face=Arial size=1> <P align=right>$17,529.00</FONT></P></TD> <TD width="14%" height=26><FONT face=Arial size=1> <P align=right>$0.00</FONT></P></TD></TR> <TR> <TD width="32%" height=26><FONT face=Arial size=1> <P align=center>Boys and Girls Club of Lawrence &amp; Unified School District 497</FONT></P></TD> <TD width="31%" height=26><FONT face=Arial size=1> <P align=center>After School Programming</FONT></P></TD> <TD width="11%" height=26><FONT face=Arial size=1> <P align=right>$44,740.00</FONT></P></TD> <TD width="11%" height=26><FONT face=Arial size=1> <P align=right>$46,128.00</FONT></P></TD> <TD width="14%" height=26><FONT face=Arial size=1> <P align=right>$43,748.00</FONT></P></TD></TR> <TR> <TD width="32%" height=26><FONT face=Arial size=1> <P align=center>K.U. Center for Research, Inc.</FONT></P></TD> <TD width="31%" height=26><FONT face=Arial size=1> <P align=center>KU Truancy Prevention &amp; Diversion Program</FONT></P></TD> <TD width="11%" height=26><FONT face=Arial size=1> <P align=right>$10,400.00</FONT></P></TD> <TD width="11%" height=26><FONT face=Arial size=1> <P align=right>$17,160.00</FONT></P></TD> <TD width="14%" height=26><FONT face=Arial size=1> <P align=right>$11,440.00</FONT></P></TD></TR> <TR> <TD width="32%" height=26><FONT face=Arial size=1> <P align=center>Mother to Mother of Douglas County</FONT></P></TD> <TD width="31%" height=26><FONT face=Arial size=1> <P align=center>Dad’s Time</FONT></P></TD> <TD width="11%" height=26><FONT face=Arial size=1> <P align=right>$3,528.00</FONT></P></TD> <TD width="11%" height=26><FONT face=Arial size=1> <P align=right>$3,527.00</FONT></P></TD> <TD width="14%" height=26><FONT face=Arial size=1> <P align=right>$3,527.00</FONT></P></TD></TR> <TR> <TD width="32%" height=26><FONT face=Arial size=1> <P align=center>Unified School District 348 (Baldwin)</FONT></P></TD> <TD width="31%" height=26><FONT face=Arial size=1> <P align=center>Tutoring for School Success</FONT></P></TD> <TD width="11%" height=26><FONT face=Arial size=1> <P align=right>$9,804.00</FONT></P></TD> <TD width="11%" height=26><FONT face=Arial size=1> <P align=right>$9,804.00</FONT></P></TD> <TD width="14%" height=26><FONT face=Arial size=1> <P align=right>$9,804.00</FONT></P></TD></TR> <TR> <TD width="32%" height=26><FONT face=Arial size=1> <P align=center>Unified School District 348 (Baldwin)</FONT></P></TD> <TD width="31%" height=26><FONT face=Arial size=1> <P align=center>Bulldog Den (Jr. High)</FONT></P></TD> <TD width="11%" height=26><FONT face=Arial size=1> <P align=right>$8,045.00</FONT></P></TD> <TD width="11%" height=26><FONT face=Arial size=1> <P align=right>$8,045.00</FONT></P></TD> <TD width="14%" height=26><FONT face=Arial size=1> <P align=right>$8,045.00</FONT></P></TD></TR> <TR> <TD width="32%" height=26><FONT face=Arial size=1> <P align=center>Unified School District 348 (Baldwin)</FONT></P></TD> <TD width="31%" height=26><FONT face=Arial size=1> <P align=center>Vinland Elementary </FONT></P></TD> <TD width="11%" height=26><FONT face=Arial size=1> <P align=right>$0.00</FONT></P></TD> <TD width="11%" height=26><FONT face=Arial size=1> <P align=right>$3,369.00</FONT></P></TD> <TD width="14%" height=26><FONT face=Arial size=1> <P align=right>$3,294.00</FONT></P></TD></TR> <TR> <TD width="32%" height=26><FONT face=Arial size=1> <P align=center>Van Go Mobile Arts</FONT></P></TD> <TD width="31%" height=26><FONT face=Arial size=1> <P align=center>Jobs in the Arts Make Sense (JAMS)</FONT></P></TD> <TD width="11%" height=26><FONT face=Arial size=1> <P align=right>$17,595.00</FONT></P></TD> <TD width="11%" height=26><FONT face=Arial size=1> <P align=right>$29,008.00</FONT></P></TD> <TD width="14%" height=26><FONT face=Arial size=1> <P align=right>$17,000.00</FONT></P></TD></TR> <TR> <TD width="64%" bgColor=#ffffff colSpan=2 height=26><FONT face=Arial size=1> <P align=right>Sub Total Prevention Programs</FONT></P></TD> <TD width="11%" bgColor=#ffffff height=26><FONT face=Arial size=1> <P align=right>$115,193.00</FONT></P></TD> <TD width="11%" bgColor=#ffffff height=26><FONT face=Arial size=1> <P align=right>$155,651.00</FONT></P></TD> <TD width="14%" bgColor=#ffffff height=26><FONT face=Arial size=1> <P align=right>$117,858.00</FONT></P></TD></TR> <TR> <TD width="32%" height=26><FONT face=Arial size=1> <P align=center>Big Brothers and Big Sisters</FONT></P></TD> <TD width="31%" height=26><FONT face=Arial size=1> <P align=center>Partnership with Youth</FONT></P></TD> <TD width="11%" height=26><FONT face=Arial size=1> <P align=right>$6,878.00</FONT></P></TD> <TD width="11%" height=26><FONT face=Arial size=1> <P align=right>$20,840.00</FONT></P></TD> <TD width="14%" height=26><FONT face=Arial size=1> <P align=right>$19,561.00</FONT></P></TD></TR> <TR> <TD width="32%" height=26><FONT face=Arial size=1> <P align=center>Douglas County Citizen Review Board (CRB)</FONT></P></TD> <TD width="31%" height=26><FONT face=Arial size=1> <P align=center>JO CRB</FONT></P></TD> <TD width="11%" height=26><FONT face=Arial size=1> <P align=right>$13,559.00</FONT></P></TD> <TD width="11%" height=26><FONT face=Arial size=1> <P align=right>$17,056.00</FONT></P></TD> <TD width="14%" height=26><FONT face=Arial size=1> <P align=right>$17,056.00</FONT></P></TD></TR> <TR> <TD width="32%" height=26><FONT face=Arial size=1> <P align=center>DCCCA</FONT></P></TD> <TD width="31%" height=26><FONT face=Arial size=1> <P align=center>Juvenile Outpatient Treatment</FONT></P></TD> <TD width="11%" height=26><FONT face=Arial size=1> <P align=right>$16,180.00</FONT></P></TD> <TD width="25%" colSpan=2 height=26><FONT face=Arial size=1> <P align=center>No Application Self Funded FY 2006</FONT></P></TD></TR> <TR> <TD width="32%" height=26><FONT face=Arial size=1> <P align=center>Family Enhancement of Community Living Opportunities</FONT></P></TD> <TD width="31%" height=26><FONT face=Arial size=1> <P align=center>Family Enhancement</FONT></P></TD> <TD width="11%" height=26><FONT face=Arial size=1> <P align=right>$28,281.00</FONT></P></TD> <TD width="11%" height=26><FONT face=Arial size=1> <P align=right>$28,281.00</FONT></P></TD> <TD width="14%" height=26><FONT face=Arial size=1> <P align=right>$28,281.00</FONT></P></TD></TR> <TR> <TD width="64%" bgColor=#ffffff colSpan=2 height=26><FONT face=Arial size=1> <P align=right>Sub Total Intervention Program</FONT></P></TD> <TD width="11%" bgColor=#ffffff height=26><FONT face=Arial size=1> <P align=right>$64,898.00</FONT></P></TD> <TD width="11%" bgColor=#ffffff height=26><FONT face=Arial size=1> <P align=right>$66,177.00</FONT></P></TD> <TD width="14%" bgColor=#ffffff height=26><FONT face=Arial size=1> <P align=right>$64,898.00</FONT></P></TD></TR> <TR> <TD width="32%" height=26><FONT face=Arial size=1> <P align=center>Douglas County Youth Services</FONT></P></TD> <TD width="31%" height=26><FONT face=Arial size=1> <P align=center>Case Management</FONT></P></TD> <TD width="11%" height=26><FONT face=Arial size=1> <P align=right>$97,957.00</FONT></P></TD> <TD width="11%" height=26><FONT face=Arial size=1> <P align=center>Determined by JJA Same as FY 2005</FONT></P></TD> <TD width="14%" height=26><FONT face=Arial size=1> <P align=right>$97,957.00</FONT></P></TD></TR> <TR> <TD width="32%" height=26><FONT face=Arial size=1> <P align=center>The Shelter, Inc.</FONT></P></TD> <TD width="31%" height=26><FONT face=Arial size=1> <P align=center>JIAS</FONT></P></TD> <TD width="11%" height=26><FONT face=Arial size=1> <P align=right>$147,093.00</FONT></P></TD> <TD width="11%" height=26> <P></P></TD> <TD width="14%" height=26><FONT face=Arial size=1> <P align=right>$147,093.00</FONT></P></TD></TR> <TR> <TD width="32%" height=26><FONT face=Arial size=1> <P align=center>Douglas County Youth Services</FONT></P></TD> <TD width="31%" height=26><FONT face=Arial size=1> <P align=center>JISP</FONT></P></TD> <TD width="11%" height=26><FONT face=Arial size=1> <P align=right>$233,572.00</FONT></P></TD> <TD width="11%" height=26> <P></P></TD> <TD width="14%" height=26><FONT face=Arial size=1> <P align=right>$233,572.00</FONT></P></TD></TR> <TR> <TD width="64%" bgColor=#ffffff colSpan=2 height=26><FONT face=Arial size=1> <P align=right>Core Services Sub Total</FONT></P></TD> <TD width="11%" bgColor=#ffffff height=26><FONT face=Arial size=1> <P align=right>$478,622.00</FONT></P></TD> <TD width="11%" bgColor=#ffffff height=26> <P></P></TD> <TD width="14%" bgColor=#ffffff height=26><FONT face=Arial size=1> <P align=right>$478,622.00</FONT></P></TD></TR> <TR> <TD width="64%" bgColor=#ffffff colSpan=2 height=26><FONT face=Arial size=1> <P align=right>TOTAL</FONT></P></TD> <TD width="11%" bgColor=#ffffff height=26><FONT face=Arial size=1> <P align=right>$658,713.00</FONT></P></TD> <TD width="11%" bgColor=#ffffff height=26> <P></P></TD> <TD width="14%" bgColor=#ffffff height=26><FONT face=Arial size=1> <P align=right>$661,378.00</FONT></P></TD></TR></TBODY></TABLE></P> <P><BR>Johnson moved approval of the 7th Judicial District Juvenile Justice Authority Prevention/Intervention and Core Services funding application for FY 2006 as outlined above; McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>PURCHASING 11-29-04</STRONG><BR>The Board discussed bids received for document preservation services. Jackie Waggoner, Purchasing Agent, explained that Douglas County currently microfilms records both in-house and by outsourcing. In 1993 a microfilm processor was purchased for $15,200 and in 1996 a microfilm machine for $22,269. The life expectancy of the equipment is approximately 10 years, and the replacement costs are anticipated to exceed $50,000. In efforts to explore current expenses and to centralize microfilming process, Douglas County participated in a cooperative bid with nine agencies in the Kansas City area and five (5) bids were received.</P> <P>A committee consisting of representatives from the participating departments (Register of Deeds, Treasurer, District Court, Appraiser, Clerk, and Payroll) reviewed the bids and toured the facilities of the two (2) low bidders (Document Management Solutions and Microfilm &amp; Imaging of Kansas City). After touring the facilities, the committee concluded that Document Management did not provide the same level of security, technology capabilities, or have any experience with governments. The Committee recommended the award of the contract to Microfilm &amp; Imaging for all county offices except Register of Deeds. Imaging Solutions has submitted the second low bid for Register of Deeds. </P> <P>Johnson questioned whether outsourcing all microfilming would actually save the County money. Pam Madl, Assistant County Administrator, stated that it wouldn't necessarily save the County any money, but the Register of Deeds would like to get out of the business of operating the microfilm processor. Madl also pointed out this would not result in the need for fewer staff.</P> <P>Johnson requested further information showing what outsourcing will cost and why it would be beneficial. No action was taken.</P> <P><STRONG>SHERIFF &amp; PURCHASING 11-29-04<BR></STRONG>The Board considered approval of the purchase of six (6) patrol vehicles for the Sheriff's Office. Jackie Waggoner, Purchasing Agent, explained that Douglas County and the City of Lawrence participated in a regional cooperative bidding process for the acquisition of 2005 vehicles. The Sheriff's Office has allocated funds to purchase six (6) patrol vehicles, one (1) 1/2 ton pickup, and one (1) full-size utility vehicle. Jones made a motion to approve the purchase of six (6) patrol vehicles, one (1) 1/2 ton pickup, and one (1) utility vehicle from Shawnee Mission Ford in the total amount of $189,737, including $16,489 for removal and installation of equipment on all units. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>EMERGENCY COMMUNICATIONS 11-29-04</STRONG><BR>The Board discussed proposed improvements to the dispatch center. McElhaney stated that he had spoken with some members of the Emergency Communications Department regarding the need for a restroom facility in the center. When the Judicial &amp; Law Enforcement Center was remodeled a few years ago, the plans included a restroom facility in the dispatch center, which was estimated to cost approximately $30,000. It was decided at the time to seal off the area and eliminate the facility from the project. At the time, security was an issue which was taken care of with the addition of doors eliminating access by the general public. Jim Denney, Director of Emergency Communications, has obtained new estimates for completion of the facilities. The current estimate was $16,330.</P> <P>Jones stated that since a lot of individuals didn't get exactly what they wanted at the time of the remodel, he believed it would be a good idea to take a look at the entire building to see if any modifications need to be made and make sure this was a good use of $16,000. Jones also stated this was something that should be brought up during the budget process and ranked with priorities. </P> <P>McElhaney then made a motion to approve the construction of a restroom facility in the open space next to dispatch.</P> <P>Johnson stated he believed the overriding issue should be a matter of security, not convenience, and he did not believe this appeared to be a security issue since it has been addressed. He also stated that this will open the door to every other occupant in the Judicial &amp; Law Enforcement Center to request more space. </P> <P>Motion died for lack of a second.</P> <P><STRONG>ACCOUNTS PAYABLE 11-29-04<BR></STRONG>Johnson moved approval of accounts payable in the amount of $172,100.89 to be paid 11/29/04; accounts payable manual checks in the amount of $1,368.24; payroll in the amount of $607,593.27; and electronic funds transfers in the amounts of $44,055.64 for FICA and $38,121.98 for KPERS to be paid 11/24/04. Jones seconded and the motion carried unanimously.</P> <P><STRONG>APPOINTMENTS 11-29-04</STRONG><BR>Johnson made a motion to appoint Dr. Robert L. Carnahan, Lawrence, KS, to the Jayhawk Area Agency on Aging Tri-County Advisory Council for a three-year term which shall expire on September 30, 2007. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>APPOINTMENTS 11-29-04<BR></STRONG>Jones made a motion to reappoint the following individuals to the Douglas County Senior Services Board of Directors: Howard Baumgartel, Craig Brown, Eldon Herd, Lori Heasty, Fred Madaus, David Mattern, George Norton, Max Sutton, Jim Ralston, Tina Roberts, and Ralph Ruhlen, for two-year terms which shall expire on December 31, 2005. Motion was seconded by McElhaney and carried unanimously.</P> <P>Jones then made a motion to appoint the following individuals to the Douglas County Senior Services Board of Directors: Lois Clark, Cheryl Holcomb, Pattie Johnston, and Eric Walther, for two-year terms which shall expire on December 31, 2006. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 11-29-04</STRONG><BR>At 10:12 A.M., Jones made a motion that the Board recess to go into executive session until 11:12 A.M. with Craig Weinaug, County Administrator; Pam Madl, Assistant County Administrator; Rick Trapp, Sheriff; and Ken McGovern, Undersheriff, to discuss personnel issues and land acquisition. Motion was seconded by Johnson and carried unanimously.</P> <P>At 11:10 A.M., Jones made a motion to extend the executive session until 11:45 A.M. Johnson seconded and the motion carried unanimously. The Board returned to regular session at 11:38 A.M. No action was taken.</P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P></P> <P>_____________________________ _____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member<BR></P>

<P>Jones called the meeting to order at 6:37 P.M. on Wednesday, December 1, 2004 with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 12-01-04</STRONG><BR>Johnson moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5277. Order is on file in the office of the County Clerk; and</LI> <LI>Authorize Notice to Townships for cereal malt beverage licenses to Eudora Township for Cecil Monday's Bar &amp; Grill and Eudora Riverview Golf, Inc.; Grant Township for Flamingo Enterprises; and Willow Springs Township for Zarco, Inc. and Baldwin Junction Enterprises, LLC.</LI></UL> <P>Jones seconded and the motion carried unanimously.</P> <P><STRONG>RESOLUTIONS &amp; SEWER DISTRICTS 12-01-04<BR></STRONG>The Board conducted a public hearing for the purpose of receiving written or oral objections and considering proposed assessments for the costs of certain sewer improvements heretofore authorized by the Board as follows: -- Project No. 1 -- Baldwin Creek Sewer District No. 1 and Project No. 2 -- Baldwin Creek Sewer District No. 2. No public comment was received. Jones made a motion to close the public hearing. Motion was seconded by Johnson and carried unanimously.</P> <P>Jones moved approval of Resolution No. 04-36, an Assessment Resolution levying special assessments on certain property to pay the costs of internal improvements in Douglas County, Kansas, as heretofore authorized by Resolution Nos. 99-4 and 99-5 of the County; and providing for the collection of such special assessments. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>PUBLIC WORKS 12-01-04<BR></STRONG>On November 22, 2004, the Board tabled action on a request received from Phil and Kerry Metsker for an entrance permit onto Route 1-E along the north side of the east arm of Lone Star Lake. </P> <P>Vernon Jarb&#160;, attorney for the Metskers, stated that he believed this is a public road and that the Metskers are entitled to access. The Metskers intend to conduct a farming operation differently than it has been operated in the past. The only other means of access are off of a minimum maintenance road which they do not believe is adequate to serve that purpose. Jarb&#160; also stated that the Lone Star Lake actually encroaches up to the land.</P> <P>Evan Ice, County Counselor, stated that a survey was conducted by Fred Rogers. The legal issue as far as whether distinction between this road and most county public roads is there's no right-of-way here. Douglas County owns the land and built the road for the park. If a private land owner wants access, they will need to obtain an easement.</P> <P>Jarb&#160; cited a case where the exact type of road has been considered a public road. The fact that there are a number of access points onto this road indicates it should be considered more than just a park road.</P> <P>Jones stated he believed it is a legitimate argument whether or not this is a public road.</P> <P>McElhaney noted that the road is maintained and serviced by public tax funds coming out of the general fund.</P> <P>Ice noted that was an argument in favor of the request, noting, however, there are arguments on both sides.</P> <P>Jarb&#160; noted there were thirty-two (32) access points on the road and this is the only property that d&#160;sn't have access.</P> <P>Jones discussed the issue of abutment rights -- Jarb&#160;'s argument is the road is touching the property, therefore they have the right to access.</P> <P>Johnson asked if this request was for agricultural purposes.</P> <P>Jarb&#160; responded that it was.</P> <P>Johnson stated he was willing to accept the idea that abutment is not something that can be argued, however he was willing to argue with public road -- there is a lot of property around Lone Star Lake that would have access if that were the case. </P> <P>Jones then asked for public comment. No comments were received.</P> <P>Keith Browning, Director of Public Works/County Engineer, stated that he felt strongly that this is not a public road since there is no road of record. The road can be changed at any time. The difference between this road and a public road is that it can be moved, closed and not maintained at any time.</P> <P>Jarb&#160; argued that a public road can be abandoned at any time without process. He indicated one option might be to move the road off this property.</P> <P>McElhaney noted a law that allows access onto property for agricultural purposes and pointed out that a minimum maintenance road leads into that property. He questioned whether that road was adequate for agricultural use.</P> <P>Jarb&#160; indicated that their argument was that the road was not adequate for agricultural use.</P> <P>Jones then asked for a motion to either deny or approve the request.</P> <P>McElhaney made a motion to approve the agricultural access as requested.</P> <P>Motion died for lack of a second.</P> <P><STRONG>PUBLIC WORKS &amp; MISCELLANEOUS 12-01-04</STRONG><BR>The Board discussed a request received from the City of Lecompton with regard to planning responsibilities for an area surrounding Lecompton. Jim Wilkinson, member of the City of Lecompton Planning Commission, explained that they were interested in pursuing extraterritorial zoning and subdivision control in the immediate flank areas surrounding the City of Lecompton. </P> <P>It was the consensus of the Board that Wilkinson meet with Linda Finger, Director of the Lawrence-Douglas County Metropolitan Planning Department, to discuss options and schedule a work session in the future. No action was taken.</P> <P><STRONG>MISCELLANEOUS &amp; ZONING 12-01-04</STRONG><BR>The Board discussed a request received from Charles M. Benjamin, Ph.D., J.D., on behalf of Hurst, Martha and Gerry Coffman, to consider home rule regulations on quarries in Douglas County. Benjamin explained that the Coffmans own property in western Douglas County that contains a farmhouse, a stone fence, barn and other out buildings. The Coffman property has co-existed next to a quarry for many years with no problems until 2003 when the quarry expanded their operations. The expansion has included operations late into the night, explosions that have caused damage to the buildings and stone fence, and caused rocks and other debris to fall onto the property. The increased truck traffic has resulted in more dust and noise that have impacted the Coffman's enjoyment of their property. The Coffmans believe there is a significant public safety concern since rocks blasted from the quarry pose a significant risk to traffic, including school buses which traverse the nearby township road. </P> <P>Gerry Coffman, spoke citing problems with the control of thistles.</P> <P>Roy Camp, nearby neighbor, stated he has had problems communicating with the quarry. </P> <P>Tim Spears, Hunt-Midwest Quarry, spoke on behalf of the quarry. Spears stated he had not received any complaints and noted he was willing to work with the neighbors.</P> <P>It was the consensus of the Board that the Coffmans and Hunt-Midwest Quarry meet and attempt to work out their differences. If their concerns are not resolved, they can bring it back to the Board. No action was taken.</P> <P><STRONG>MISCELLANEOUS 12-01-04</STRONG><BR>Joshua Rosenbloom, KU Policy Research Institute, presented the results of the Biosciences Impact Study. No action was taken.</P> <P>Lynn Parman, Vice President of Economic Development, Lawrence Chamber of Commerce, and Heather Ackerly, Manager, Existing Business Programs, Lawrence Chamber of Commerce, presented the 2004 Business Retention Report. No action was taken.</P> <P>Parman then presented the Economic Development Activity update. No action was taken.</P> <P><STRONG>ACCOUNTS PAYABLE 12-01-04<BR></STRONG>Johnson moved approval of accounts payable manual checks in the amount of $1,898.44; Jones seconded and the motion carried unanimously.</P> <P>Jones made a motion to authorize the Chair to sign off on any necessary items until Wednesday, December 15, 2004, since there will not be a meeting until that time. Motion was seconded by Johnson and carried unanimously.</P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>______________________________&nbsp;________________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>______________________________&nbsp;________________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Member<BR></P>

<P>The Board of County Commissioners of Douglas County, Kansas, conducted a joint meeting with the Shawnee County Commission on Monday, December 20, 2004, in Topeka, Kansas. Chairman Jones called the meeting to order at 9:00 A.M. with all members present. The Pledge of Allegiance was recited. The purpose of the joint meeting was to discuss the formation of an extension district serving Douglas and Shawnee Counties.</P> <P>Jim Lindquist, K-State Research and Extension Northeast/Metro Area Director, provided an overview of what an extension district is. Lindquist explained that six (6) extension districts involving seventeen (17) counties have already been formed. Elimination of duplication of services, and specialization of services are possible in a district. Most districts that merge involve smaller counties with smaller district office staffs. </P> <P>McElhaney questioned whether a district impacted efficiency at the state level. Lindquist responded that it was encouraged at the state level because it enabled counties to be more effective. Most surrounding states have gone to districts. Iowa would be the most similar in that the districts have taxing authority.</P> <P>Johnson asked why the budgetary authority for extension service offices was given to the Commissioners in 1987. Lindquist responded that the Commissioners sought the authority because they were the officials held responsible for the levy.</P> <P>Jones questioned whether there were any specific plans to eliminate staff or implement any efficiency with the formation of the district. Lindquist was not aware of any specific plans. Jones noted he did not see anything in the proposed budget.</P> <P>Johnson asked whether effectiveness would be gained through an interlocal agreement without forming a district. Lindquist stated he thought that might be possible. Other counties have entered into an interlocal agreement, but the disadvantage is having to deal with multiple county commissions. Another disadvantage is the need to have contingencies for the agreement being terminated.</P> <P>Johnson then expressed his opposition to the creation of another taxing district. He then asked if the interlocal option agreement had been explored. A representative of the Shawnee County Extension office stated that option had not been explored.</P> <P>Jones then expressed his opposition to the creation of another taxing district. He also expressed concern that the district would enable the extension office to become more reliant on the property tax.</P> <P>Shawnee County Commissioner Vic Miller stated he was concerned about giving up control, but had great confidence in the people that manage the extension offices. He also stated that he believed we need to be creative with our govern ment structure -- other districts have been conservative with the tax dollars. He was in favor of the proposal noting there was a provision to terminate the district if it did not meet expectations.</P> <P>McElhaney stated that government needs to get over their fear of having control -- they need to learn how to delegate control. He expressed his general support.</P> <P>Shawnee County Commissioner Marice Kane expressed opposition based on the fact that the proposal created a new district. She expressed the hope that the extension offices would prepare an interlocal agreement as an alternative. </P> <P>No action was taken.</P> <P><STRONG>PLANNING 12-20-04</STRONG></P> <P>At their meeting on December 15, 2004, the Board tabled TA-04-03-04: Consider a text amendment to the County Zoning Regulations to permit limited use excavation businesses through a Conditional Use Permit, until the County Counselor reviewed the proposed changes. The County Counselor reviewed the proposed changes and recommended approval as proposed. Jones moved approval of the following addition to the Douglas County Code, Zoning Regulations:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>Article 19, Section 19-4.10. Public utilities; <U>construction, maintenance and repair businesses that provide services primarily to utility companies;</U> or public service uses, buildings, structures or appurtenances thereto.</P></BLOCKQUOTE> <P>Motion was seconded by Johnson and carried unanimously.</P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P><BR>_____________________________&nbsp;_____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;&nbsp;Jere McElhaney, Member</P>

<P>Jones called the meeting to order at 6:35 P.M. on Wednesday, January 5, 2005 with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>MISCELLANEOUS &amp; PERSONNEL 01-05-05</STRONG><BR>At 6:35 P.M. Jones made a motion that the Board recess to go into executive session until 7:05 P.M. with Craig Weinaug, County Administrator, to discuss personnel issues. Motion was seconded by Johnson and carried unanimously. The Board returned to regular session at 7:05 P.M. No action was taken.</P> <P>Jones moved approval of the minutes of November 22, November, 29, December 1, and December 20, 2004; Johnson seconded and the motion carried unanimously.</P> <P><STRONG>CONSENT AGENDA 01-05-05</STRONG><BR>Johnson moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5285, 5286, and 5287. Orders are on file in the office of the County Clerk. </LI></UL> <P>Motion was seconded by McElhaney and carried unanimously.</P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P></P> <P>______________________________ ________________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>______________________________ ________________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P> <P><BR></P>

<P>Jones called the meeting to order at 8:33 A.M. on Monday, January 3, 2005 with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 01-03-05<BR></STRONG>Johnson moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5282, 5283, and 5284. Orders are on file in the office of the County Clerk; and</LI> <LI>Authorize execution of Order Directing the County Engineer to cause surveys of work and prepare plans and estimates for the proposed road improvements in the Hesper Charter Road Improvement District, and to file a report showing the amount, character, location, probable cost and kind of work to be done with the County Clerk.</LI></UL> <P>Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>EXTENSION 01-03-05</STRONG><BR>At their meeting on 11/17/04, the Board tabled action regarding a proposed resolution approving a proposed extension district with Shawnee County, Kansas. The Board then met jointly with the Shawnee County Commission on 12/20/04 regarding the proposal. Trudy Rice, Douglas County Extension Director, appeared before the Board requesting approval of the resolution. Rice noted that she had received no vocal opposition to the plan. </P> <P>Chris Durflinger, Master Gardener, urged the Board to take a close look at the proposal noting it would benefit the community in a positive way.</P> <P>Dr. John Bradley, Extension Board Chair, thanked the Board for their attention and investigation into the proposal and noted that he believed Douglas County taxpayers would save money.</P> <P>McElhaney asked questions about the process if the resolution passed.</P> <P>Dr. Bradley replied that there would be a 60-day waiting period allowing for any protest petitions, then there would be a 90-day period for the Attorney General's approval.</P> <P>McElhaney then questioned the process of terminating the merger if the Board so desired.</P> <P>Jim Lindquist, Director of Northeast Kansas and Metropolitan Area Extension Offices, stated that the Boards would need to pass a resolution terminating the merger which would terminate on January 1 of the next year.</P> <P>McElhaney stated that he was in favor of the merger. He also expressed appreciation to the Extension staff and board members for the slow, deliberate process taken to inform and educate. </P> <P>Jones stated he didn't see the efficiencies since there wouldn't be any reduction in the work force. He stated that he believed that the merger runs the risk of weakening extension services in Douglas County. Jones noted he was not in favor of creating an additional taxing unit and that he would like to see a demonstration of efficiencies. Jones then stated he would be interested in pursuing an interlocal agreement.</P> <P>Johnson stated that while he believed in the people that operate the Extension office, he was also opposed to creating another taxing unit. He also expressed concerns about the population spread. </P> <P>McElhaney made a motion to approve the resolution creating the formation of an extension district with Douglas and Shawnee Counties. Motion died for lack of a second.</P> <P><STRONG>PUBLIC WORKS 01-03-05<BR></STRONG>The Board discussed the dust palliative program policies for 2005. Keith Browning, Director of Public Works/County Engineer, recommended that the Board continue the brokerage of a dust palliative program with an up front user fee of $0.75/linear foot ($0.50/l.f. for dust palliative material and an additional $0.25/l.f. user fee to cover road preparation costs), plus an administrative fee of $45 per applicant. This is the same program that was used in 2004. </P> <P>Jones indicated he was in support of the program but urged staff to develop a policy to re-evaluate the user fees every three (3) years. </P> <P>After discussion, Jones made a motion to grant permission to continue the brokerage of a dust palliative program with an up front user fee of $0.75/linear foot ($0.50/l.f. for dust palliative material and an additional $0.25/l.f. user fee to cover road preparation costs), plus an administrative fee of $45.00 per applicant; grant permission to advertise for bidders once the application process has been completed; and authorize Browning to sign off on the purchase of the materials unless it is determined that the costs are in excess of a 10% increase from 2004. Motion was seconded by Johnson and carried unanimously.</P> <P>&#160;<STRONG>PUBLIC WORKS 01-03-05<BR></STRONG>The Board discussed Project No. 23 C-3890-01, Bridge No. 09.24N-16.00E, located on Route 1055 near the Cedar Hill Gun Club. Keith Browning, Director of Public Works/County Engineer, stated that this project is listed as top priority on the Five-Year Plan for federally assisted projects. As originally envisioned, this project was to improve the approach roadway alignment of the first curve immediately south of the bridge in addition to replacing the bridge itself. Federal STP-Safety funds in addition to regular STP funds are available to improve the geometrics of the second curve south of the bridge. If improvement of this second curve is included as part of the bridge replacement project, additional STP-Safety funding of $500,000 at a 90/10 federal/local cost share is available to apply toward the construction cost of the entire project. </P> <P>In prior discussions with the Board regarding whether or not to expand the project to include the second curve south of the bridge, the Board indicated that a public meeting should be held to notify the public and receive public comment. The Board indicated that the public meeting should not be limited to only the immediate project under consideration, but should also include possible future improvements to Route 1055 between Lawrence and Baldwin City. </P> <P>Preliminary plan/profile sheets showing likely future improvements have been prepared for the portion of Route 1055 between Route 458 and Vinland. It is not felt that the portion of Route 1055 between 31st Street and Route 458 needs to be included since this portion is within the City of Lawrence Urban Growth Area and will likely be reconstructed as an urban arterial-type roadway in the future.</P> <P>Browning requested authorization to schedule a public meeting as soon as possible to discuss and obtain input on the proposed bridge replacement project as well as other possible future improvements to Route 1055 between Route 458 and Vinland. The Kansas Department of Transportation (KDOT) bid opening for the bridge project is scheduled for January 2006 and office check plans are due in February 2005. Browning noted that a decision whether or not to expand the bridge replacement project to include the second curve south of the bridge should be made very soon in order to meet the project schedule.</P> <P>Jones asked whether there were any cost estimates for the project. Browning stated he did not have any estimates at this time.</P> <P>It was the consensus of the Board that Browning prepare cost estimates to be presented to the Board before scheduling the public hearing. The Board unanimously directed staff to proceed on the basis that the project would include the second curve. No action was taken.</P> <P>&#160;<STRONG>INFORMATION TECHNOLOGY 01-03-05<BR></STRONG>The Board considered approval of the purchase of a Network Intrusion Protection Device. Jim Lawson, Director of Information Technology, explained that his department has seen an exponential increase in the amount of threats and attacks targeting the County's computer network. Lawson recommended the purchase of a Proventia device that is produced by Internet Security Systems. This type of product is a new technology called an intrusion prevention device. Unlike conventional security methods that can only analyze and respond to attacks after they occur, this device utilizes preemptive security that actually stops Internet threats before they can impact the County's network. The Proventia device accomplishes this by the use of deep protocol analysis of all network traffic coming into and coming out of the County's computer network. It has the most advanced set of detection algorithms that will recognize attacks as they happen and stop the attack before it reaches the County's network. This device is supported by what is called the X-Force research and development team. This team is dedicated to researching vulnerabilities and provides automatic updates and enhancements for the most up-to-date protection against known and unknown threats. This will greatly enhance the protection of the County's network and reduce the amount of staff time spent on this problem. A formal bid was issued with the low bid submitted by Fishnet Security in the amount of $14,440.28, including a one (1) year technical support subscription. Jones made a motion to approve the low bid submitted by Fishnet Security in the amount of $14,440.28 for the purchase of the Proventia device plus technical support, advanced exchange and content subscription for one (1) year. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>OUT-DISTRICT COLLEGE TUITION STATEMENTS 01-03-05<BR></STRONG>Johnson moved approval of the five (5) Out-District College Tuition statements in the amount of $18,648.00. Motion was seconded by Jones and carried 2-1 with McElhaney opposed.</P> <P><STRONG>MISCELLANEOUS 01-03-05<BR></STRONG>The Board conducted a work session on possible management audit topics. No action was taken.</P> <P><STRONG>ACCOUNTS PAYABLE 01-03-05</STRONG><BR>Jones moved approval of accounts payable in the amounts of $478,228.26 to be paid 12/20/04, $2,764,410.47 to be paid 12/27/04, and $199,230.59 to be paid 01/03/05; accounts payable manual checks in the amount of $1,368.24; ACH Bank Transfer in the amount of $1,731,016.25 to be paid 02/01/05; Public Works Safety Awards payroll in the amount of $670.09; and electronic funds transfers in the amounts of $52.95 for FICA and $14.81 for KPERS to be paid 12/17/04. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>APPOINTMENTS 01-03-05<BR></STRONG>McElhaney made a motion to appoint Tara Flory, 1921 Quail Run, Lawrence, KS, to the Douglas County Fair Board representing the City of Lawrence for a one-year term which shall expire January 31, 2006. It should be noted that Ms. Flory will be eligible to serve five (5) additional one-year terms. It should also be noted that Ms. Flory replaces Doug Rich who was not eligible for reappointment. Motion was seconded by Johnson and carried unanimously.</P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>______________________________&nbsp;________________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>______________________________&nbsp;________________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Jere McElhaney, Member<BR></P>

<P>Jones called the meeting to order at 6:35 P.M. on Wednesday, December 15, 2004 with all members present. The Pledge of Allegiance was recited.</P> <P>Jones moved approval of the minutes of November 17, 2004; Johnson seconded, and the motion carried unanimously.</P> <P><STRONG>CONSENT AGENDA 12-15-04<BR></STRONG>McElhaney moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5278, 5279, 5280 and 5281. Orders are on file in the office of the County Clerk;</LI> <LI>Approve Resolution No. 04-37 granting a beer license to Eudora Riverview Golf, Inc.;</LI> <LI>Approve Resolution No. 04-38 granting a beer license to Zarco, Inc.;</LI> <LI>Approve Resolution No. 04-39 granting a beer license to Baldwin Junction Enterprises; </LI> <LI>Approve Resolution No. 04-40 granting a beer license to Flamingo Catering;</LI> <LI>Approve Resolution No. 04-41 granting a beer license to The Bird of Lawrence, Inc.;</LI> <LI>Approve Resolution No. 04-42 granting a beer license to Cecil Monday's Bar &amp; Grill;</LI> <LI>Authorize Notice to Clinton Township for Jerk Water Grill and Clinton Marina;</LI> <LI>Approve Occupation Licenses to The Bird of Lawrence and Little Reno, Inc., d/b/a Paradise Saloon;</LI> <LI>Approve Cost of Living Increase in the amount of 2% for the fiscal year 2005;</LI> <LI>Approve contract for microfilming services for the Register of Deeds Office to Imaging Solutions;</LI> <LI>Approve contract for microfilming services for all other county offices to Microfilm and Imaging of Kansas City; and</LI> <LI>Authorize accessing the Houston Galveston Area Council Cooperative Purchasing Program to purchase one (1) tractor and one (1) dump truck with spreader and snow plow in the amount of $219,747 through Houston Freightliner.</LI></UL> <P>Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PLANNING 12-15-04</STRONG><BR>The Board considered Item No. 1 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated November 17, 2004. This item is PF-10-32-04: Final Plat for Red Tail Ridge, a proposed 12-lot single-family rural residential subdivision containing approximately 65 acres located west of E 1200 Road, east of E 1100 Road, and south of N 1000 Road. Submitted by Landplan Engineering, P.A., for Rodney J. and Mary M. Barnes, property owners of record. Sheila Stogsdill, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. This item comes to the Board with a recommendation for acceptance of easements and rights-of-way, subject to the following conditions:</P> <P>1. Provision of the following fees and recording documentation:</P> <P>a. Current copy of paid property tax receipt at the time of submittal of the final plat for filing;<BR>b. Recording fees made payable to the Douglas County Register of Deeds; and</P> <P>2. Pinning of the lots in accordance with Section 21-302.2;</P> <P>3. Correct name of County Commission Chair from Bob Johnson to Charles Jones;</P> <P>4. Provision of an executed agreement between the property owner and Health Department regarding water supply that will be filed with the final plat and become a covenant running with the land;</P> <P>5. Provide a note on the face of the plat that provides the book and page reference for the water supply agreement; and</P> <P>6. Provide a note on the face of the plat that restricts Lot 1, Block 1 and Lot 1, Block 2 from direct access to N 1000 Road. Access for these lots is from E 1167 Road.</P> <P>After discussion, Jones moved approval of PF-10-32-04: Final Plat for Red Tail Ridge, subject to the above conditions. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PLANNING 12-15-04</STRONG><BR>The Board noted receipt of a recommendation from the Planning Commission regarding MM-10-01-04: Consider rescinding Minimum Maintenance Road designation for a portion of E 650 Road (0.1 mile) between N 1590 and N 1600 Roads in Kanwaka Township. At their meeting on November 17, 2004, the Planning Commission voted unanimously to approve the request to rescind the Minimum Maintenance road status as recommended by Kanwaka Township and forward it to the County Commission with a recommendation for approval. Jones made a motion to receive the Planning Commission's recommendation and directed staff to schedule the public hearing. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PLANNING 12-15-04</STRONG><BR>The Board considered Item No. 6 of the Lawrence-Douglas County Metropolitan Planning Commission minutes dated November 17, 2004. This item is TA-01-04- 04: Consider a text amendment to the County Zoning Regulations to permit limited excavation businesses through a Conditional Use Permit. Sheila Stogsdill, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. Stogsdill explained that this text amendment was brought about in response to the denial of a rezoning request (Z-03-12-04) for a rural home business which provides excavation services for rural water, electrical, and gas utilities. The company's office, storage yard, and equipment are located within the A (Agricultural) Zoning District. The rezoning request was for I-2 (Light Industrial) Zoning. It would have constituted a spot zoning of the property and was recommended for denial by the Planning Commission and subsequently deferred by the County Commission on May 19, 2004.</P> <P>The proposed Text Amendment was developed to allow for construction, maintenance and repair businesses that provide services primarily to utility companies to be able to locate within the "A" Agricultural District, subject to approval of the County Commission. </P> <P>This item comes to the Board with a unanimous recommendation for approval. </P> <P>Jones questioned whether there were any loopholes in the language that might allow all contractors with excavation equipment to locate within the "A" Agricultural District. Jones then requested that the County Counselor review the proposed changes and make changes if necessary. No action was taken.</P> <P><STRONG>PUBLIC WORKS 12-15-04<BR></STRONG>The Board conducted a public hearing regarding the formation of the Hesper Charter Road Improvement District.</P> <P>Kurt von Achen, representing the Eudora Planning Commission, stated that the City of Eudora has no objection to the creation of this district.</P> <P>No other public comment was received. Jones made a motion to close the public hearing, seconded by Johnson and carried unanimously.</P> <P>Jones then made a motion to approve Home Rule Resolution No. HR-04-12-3 creating the Hesper Charter Road Improvement District, Douglas County, Kansas. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>SEWER DISTRICTS &amp; PUBLIC WORKS 12-15-04</STRONG><BR>The Board noted receipt of a petition to create the "Brink -- County Sewer District No. 1" Benefit District. Keith Browning, Director of Public Works/County Engineer, explained that the proposed sewer benefit district consists of approximately 160 acres in the northwest quadrant of the US 40 Highway/SLT Intersection and approximately 18 acres on the east side of the SLT north of US 40 Highway. </P> <P>Improvements desired by the petitioner include a gravity sewer under the SLT serving the property on the east side of the SLT, a sewer pump station situated on the west side of the SLT, and a force main from the proposed pump station to the existing Baldwin Creek No. 1 pump station. Currently, the Baldwin Creek No. 1 pump station pumps effluent south into the Yankee Tank No. 3 basin. </P> <P>The area included in the petition for the Brink -- County Sewer District No. 1 is a portion of a larger basin that naturally flows north and east to the Kansas River. The City of Lawrence's Wastewater Master Plan indicates effluent from this basin should eventually flow north and east to the existing wastewater treatment plant. </P> <P>Phil Struble, Civil Engineer, LandPlan Engineering, made brief comments on behalf of the applicant.</P> <P>Jones stated he would not support the request if it is not supported by the City of Lawrence.</P> <P>Struble asked that the Board receive the petition and direct him to work with City staff and provide a proposed outline of an engineering study for review by the Board.</P> <P>Jones made a motion to receive the petition creating the Brink -- County Sewer District No. 1 Benefit District. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>PURCHASING &amp; COURTHOUSE 12-15-04</STRONG><BR>The Board discussed proposals received for consulting services for the preservation and maintenance of the Douglas County Courthouse. Jackie Waggoner, Purchasing Agent, explained that during a cleaning and restoration project of the Courthouse in the past year, the County became aware of external stonework and structural issues that need to be addressed. There were identified portions of the structure that could pose a safety risk and steps were taken immediately to eliminate those risks. The next step was to contract with a structural engineer to perform a condition assessment and develop a multi-year preservation plan.</P> <P>Three qualified engineers with experience and expertise with old stone buildings were selected to solicit proposals. Prior to the solicitation it was determined that the contractor would be responsible for performing a condition assessment, developing a preservation plan, developing specifications and drawings, and preparing a grant application.</P> <P>Proposals were received from DGM Consultants and Treanor Architects. Following the interview process, the selection committee determined that it would be beneficial to combine the expertise and knowledge of both firms. Treanor Architects was asked to represent as the contracting firm and DGM Consultants serving as consultants to Treanor Architects. </P> <P>It became apparent that determining the cost for developing specifications and drawings before the condition assessment was completed is virtually impossible. In the phase of developing specifications and drawings, the awarded contractor is expected to assist in the pre-qualification of bidders, assist in the evaluation and selection process, and oversee the project for quality assurance. Treanor was asked to propose charges expressed as a percentage of the construction cost for this phase. The percentage ranged from 12-18% depending on the scope. These percentages can be narrowed as the scope is better defined. Treanor Architects, P.A., submitted a proposal of $48,480 which includes reimbursable and other expenses. These services would be paid from the Special Building Fund.</P> <P>Jones stated he would like to make sure that the County owns the work product and directed staff to include that in the contract.</P> <P>Jones then made a motion to approve the expenditure in the amount not to exceed the recommended budget of $48,480 submitted by Treanor Architects, P.A., and authorize the County Administrator to begin negotiations and execute the contract after consultation with the Chair. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>BUDGET 12-15-04</STRONG><BR>Conducted public hearing regarding amendments to the 2004 budget. No comments were received. Jones made motion to close the public hearing, seconded by Johnson and carried unanimously.</P> <P>Jones then made a motion to amend the 2004 budget as follows:</P> <P> <TABLE cellSpacing=0 cellPadding=6 width=576 border=1> <TBODY> <TR> <TD width="35%" height=26><FONT face=Arial size=2> <P>Fund</FONT></P></TD> <TD width="24%" height=26><FONT face=Arial size=2> <P align=right>Increase in Budget</FONT></P></TD> <TD width="41%" height=26><FONT face=Arial size=2> <P>Major Reason</FONT></P></TD></TR> <TR> <TD width="35%" height=26><FONT face=Arial size=2> <P>General</FONT></P></TD> <TD width="24%" height=26><FONT face=Arial size=2> <P align=right>$970,441</FONT></P></TD> <TD width="41%" height=26><FONT face=Arial size=2> <P>Increase in sales tax collections and mortgage registration fees</FONT></P></TD></TR> <TR> <TD width="35%" height=26><FONT face=Arial size=2> <P>Community College Tuition</FONT></P></TD> <TD width="24%" height=26><FONT face=Arial size=2> <P align=right>$13,000</FONT></P></TD> <TD width="41%" height=26><FONT face=Arial size=2> <P>Increase in motor vehicle taxes and delinquent taxes</FONT></P></TD></TR> <TR> <TD width="35%" height=26><FONT face=Arial size=2> <P>Employee Benefits</FONT></P></TD> <TD width="24%" height=26><FONT face=Arial size=2> <P align=right>$88,731</FONT></P></TD> <TD width="41%" height=26><FONT face=Arial size=2> <P>Increase in beginning fund balance, delinquent tax and motor vehicle tax</FONT></P></TD></TR> <TR> <TD width="35%" height=26><FONT face=Arial size=2> <P>Grants</FONT></P></TD> <TD width="24%" height=26><FONT face=Arial size=2> <P align=right>$400,000</FONT></P></TD> <TD width="41%" height=26><FONT face=Arial size=2> <P>Required to amend budget by grant $ spent</FONT></P></TD></TR> <TR> <TD width="35%" height=26><FONT face=Arial size=2> <P>Special Law Enforcement Trust</FONT></P></TD> <TD width="24%" height=26><FONT face=Arial size=2> <P align=right>$75,000</FONT></P></TD> <TD width="41%" height=26><FONT face=Arial size=2> <P>Required to amend budget by funds spent</FONT></P></TD></TR></TBODY></TABLE><FONT face=Arial></P></FONT> <P>Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 12-15-04</STRONG><BR>The Board discussed management audit possibilities. No action was taken.</P> <P><STRONG>ACCOUNTS PAYABLE 12-15-04</STRONG><BR>Johnson moved approval of accounts payable in the amounts of $586,709.25 to be paid 12/06/04 and $269,815.75 to be paid 12/13/04; accounts payable manual checks in the amount of $1,368.24; District Attorney longevity payroll in the amount of $9,000.00; electronic funds transfers in the amounts of $543.93 for FICA and $296.05 for KPERS to be paid 12/03/04; payroll in the amount of $631,582.28; electronic funds transfers in the amounts of $45,670.53 for FICA and $39,642.06 for KPERS to be paid 12/10/04. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>APPOINTMENTS 12-15-04</STRONG><BR>McElhaney made a motion to appoint Douglas J. Berg, 1002 E. 850 Road, Lawrence, KS to the Douglas County Fair Board representing Clinton Township for a one-year term which shall expire January 31, 2006. It should be noted that Mr. Berg will be eligible to serve five (5) additional one-year terms. It should also be noted that Mr. Berg replaces Ron Baker who was not eligible for reappointment. Motion was seconded by Johnson and carried unanimously.</P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P></P> <P>______________________________ ________________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>______________________________ ________________________________<BR>Patty Jaimes, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P> <P></P>

<P>Jones called the meeting to order at 8:36 A.M. on Monday, January 10, 2005 with all members present. The Pledge of Allegiance was recited.</P> <P>Administrative Judge Robert Fairchild swore-in the County officials and deputies. </P> <P>The Board recognized outgoing elected officials Rick Trapp, Sheriff; Patty Jaimes, County Clerk; and Christine Kenney, District Attorney. </P> <P>At 8:52 A.M., Jones made a motion that the Board recess until 9:15 A.M. for a brief reception. Motion was seconded by Johnson and carried unanimously.</P> <P>The Board reconvened at 9:12 A.M.</P> <P><STRONG>MISCELLANEOUS 01-10-05</STRONG><BR>McElhaney made a motion that Jones be elected for Chairman of the Board and Johnson be elected Vice-Chairman of the Board effective today for the coming year. Motion was seconded by Johnson and carried unanimously.</P> <P>Johnson moved approval of the minutes of December 15, 2004, January 3, and January 5, 2005; McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>CONSENT AGENDA 01-10-05</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <UL> <LI>Authorize Notice to Kanwaka Township for Clinton Cove Mini Mart;</LI> <LI>Approve Resolution No. 05-01 granting a beer license to Jerk Water Grille;</LI> <LI>Approve Resolution No. 05-02 granting a beer license to Clinton Marina Store;</LI> <LI>Approve Resolution No. 05-03 authorizing the offering for sale of General Obligation Bonds, Series 2005-A of Douglas County, Kansas;</LI> <LI>Approve Resolution No. 05-04 reappointing the Special Deputy Coroner for the Seventh Judicial District for a One-Year Term; and</LI> <LI>Approve Designation of Agent for Kansas Public Employees Retire ment System.</LI></UL> <P>Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>PLANNING 01-10-05</STRONG><BR>The Board considered SP-11-81-04: A site plan for a building addition to McFarlane Aviation, located at 696 E 1700 Road. Submitted by David &amp; Phyllis McFarlane, property owners of record. Paul Patterson, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. Patterson explained that McFarlane Aviation is proposing an addition to their existing buildings located at 696 E 1700 Road. McFarlane Aviation manu factures small aircraft replacement parts. </P> <P>Jones made a motion to approve SP-11-81-04 subject to the following conditions:</P> <P>&nbsp;1.&nbsp;Provision of a revised site plan to include the following revisions:<BR>&nbsp;&nbsp;a.&nbsp;Include the required handicap parking sign per Section 16-102.<BR>&nbsp;2.&nbsp;Provide the following notes on the face of the site plan:<BR>&nbsp;&nbsp;a.&nbsp;"Exterior lighting to be shielded so as not to glare off-site per Section 19A-4.12."<BR>&nbsp;&nbsp;b.&nbsp;"This site plan is subject to a determination from the State Historic Preservation Office that the proposed construction ‘would not encroach upon, damage or destroy the environs of the Vinland Grange Hall'."<BR>&nbsp;&nbsp;c.&nbsp;"Rear yard setback approved by Board of Zoning Appeals on December 16, 2004."</P> <P>Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>PLANNING 01-10-05</STRONG><BR>The Board considered Item No. 9 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated December 15, 2004. This item is CUP-10-04-04: Conditional Use Permit request for a communication tower. The property is located at 1694 N 1748 Road. Submitted by Selective Site Consultants, Inc., for Verizon Wireless. Walters Farms, LLC, is the property owner of record. Sandra Day, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. This item comes to the Board with a unanimous recommendation for approval based on the following Findings of Fact:</P> <P><STRONG>Zoning and uses of property nearby.</STRONG> The subject property is surrounded by rural agricultural zoning and uses in all directions.</P> <P><STRONG>Character of the area.</STRONG> The character of the area is an unincorporated rural community located in the northeast portion of Douglas County. This area includes scattered residential and agricultural uses.</P> <P><STRONG>Suitability of subject property for the uses to which it has been restricted. </STRONG>There is no proposed change to the existing zoning designation. Article 19 of the County Zoning Regulations lists multiple land uses that are allowed subject to approval of a Conditional Use Permit. Included in this list of uses is ‘communication tower.' The proposed request is for the construction of a 90' tower along the county line and in proximity to I-70 to support existing communication services. The property is agriculturally zoned and is unimproved. Conditional Use Permits (CUP's) are designed to allow special and unique land uses to occur. Approval of a Conditional Use Permit will not alter the base zoning.</P> <P><STRONG>Length of time subject property has remained vacant as zoned.</STRONG> The subject property is vacant as noted above. It has been zoned A (Agricultural) District since the adoption of the zoning regulations in the unincorporated portions of Douglas County in 1966.</P> <P><STRONG>Extent to which removal of restrictions will detrimentally affect nearby property.</STRONG> The addition of this use to the property is not anticipated to detrimentally affect nearby property. The proposed use d&#160;s not alter the base zoning district. Access is provided via an existing County Road (E 1675 Road). The proposed tower is less than 100' and is not anticipated to be lighted. Lighting at the base may be permissible subject to staff review and approval. Lighting of the tower is not expressly prohibited since the FAA could make this element a condition in the future.</P> <P><STRONG>Relative gain to the public health, safety and welfare by the destruction of the value of the petitioner's property as compared to the hardship imposed upon the individual landowners.</STRONG> The subject property will continue to be used as an agricultural property. No detrimental impacts are anticipated by the addition of this use.</P> <P><STRONG>Conformance with <EM>The Comprehensive Plan</EM>.</STRONG> <EM>Horizon 2020</EM> d&#160;s not directly address the issue of special or conditional uses. The plan provides basic guidance regarding major infrastructure improvements and urges that such uses be carefully planned and provided. The provision of such services should be focused in existing service areas to address growth. Additionally, placement and visual appearance are a key consideration in creating compatibility.</P> <P>AND subject to the following conditions:</P> <P>&nbsp;1.&nbsp;Provision of a revised site plan to include the following:<BR>&nbsp;&nbsp;a.&nbsp;Show location, fixture type, and mounting height of exterior lighting on the equipment building and provide a note that states lighting shall be shielded and directed downward.<BR>&nbsp;&nbsp;b.&nbsp;A note stating "Minimal lighting at the tower base shall be reviewed and approved by staff. Any lighting of the enclosure area shall be directed downward and shielded to prevent glare and light tres pass."<BR>&nbsp;&nbsp;c.&nbsp;Show or note the proposed height of the equipment building.<BR>&nbsp;&nbsp;d.&nbsp;Show dimension of tower to west and south property lines.<BR>&nbsp;2.&nbsp;Provision of the following notes on the face of the site plan:<BR>&nbsp;&nbsp;a.&nbsp;"Any tower that is not used for a period of three years or more, shall be removed by the owner at the owner's expense. Failure to remove the tower pursuant to non-use may result in removal and assessment of cost to the property per K.S.A. 12-6a17 &amp; 19- 4.31(c)4."<BR>&nbsp;&nbsp;b.&nbsp;"The tower owner and/or operator shall submit a letter to the Planning Office by July 1st of each year listing the current users and types of antenna located on the approved tower. (19-4.31(c)5."<BR>&nbsp;3.&nbsp;Provision of a sign to be posted on the tower or enclosure noting the name and telephone number of the tower operator and operator. (19- 4.31(c)5;<BR>&nbsp;4.&nbsp;Provision of a copy of an approved entrance permit from Marion Township for access to the tower site; and<BR>&nbsp;5.&nbsp;Provision of a revised site plan to include a tower structurally capable of being extended to provide additional space to a minimum of 3 additional carriers.</P> <P>Jones stated he had a problem with the application since there wasn't any documentation included in the packet indicating the applicant made a good faith effort to locate on an existing tower. Jones noted there is an existing tower in Leavenworth County that appears to meet the technical needs.</P> <P>Day stated that she did have documentation but did not include it in the packet. Day also indicated the applicant was present to discuss radio frequencies.</P> <P>Trevor Wood, Selective Site Consultants, spoke on behalf of Verizon Wireless (applicant) and the property owners. Wood stated that the tower in Leavenworth County was not licensed for the frequency the applicant needed.</P> <P>Jones discussed concerns regarding the applicants co-location attempts. He felt the documentation indicated a bad working relationship. He requested that documentation be provided showing that a good faith effort was attempted.</P> <P>McElhaney stated he believed that Verizon made a good faith effort to co-locate and that Dobson Wireless, who owns the license, might be at fault by not being willing to accept the co-location offer. McElhaney suggested that the Board may need to meet with other counties to discuss co-location. </P> <P>Johnson stated he believed that documentation needed to be provided to clearly raise the comfort level.</P> <P>Jones made a motion to table CUP-10-04-04 until documentation regarding attempts to co-locate was provided; Johnson seconded and the motion carried unanimously.</P> <P><STRONG>PLANNING 01-10-05</STRONG><BR>The Board considered Item No. 3 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated December 15, 2004. This item is PF-11-35-04: Final Plat for Raeta Subdivision. This proposed 13-lot residential subdivision contains approximately 159.32 acres. The property is generally described as being located at the northeast corner of E 50 Road and N 1600 Road along County Road 442 (1636 E 50 Road). Submitted by Bartlett and West Engineers, Inc., for Core Investments, LLC,. And Martin B. and Doris J. Caldwell, property owners of record. Sandra Day, staff member of the Lawrence-Douglas County Metropolitan Planning Department, was present for the discussion. This item comes to the Board with a unanimous recommendation for acceptance of easements and rights-of-way, subject to the following conditions:</P> <P>&nbsp;1.&nbsp;Provision of a mylar and necessary recording fees and documentation; and<BR>&nbsp;2.&nbsp;Execution of the Water Supply Agreement with the County Health Department prior to recording of the Final Plat with the Register of Deeds Office.</P> <P>Johnson made a motion to approve PF-11-35-04 subject to the above conditions. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>SHERIFF, EMERGENCY COMMUNICATIONS &amp; AGREEMENTS 01-10-05</STRONG><BR>The Board discussed maintenance agreements for hardware and software for the mobile data system. Ken McGovern, Sheriff, and Jim Denney, Director of Emergency Communications, were present for the discussion. Denney's request was for continuation of the maintenance agreement with Motorola, Inc. for the following equipment: 800 Mhz trunked radio system; dispatch controllers (consoles); and Mobile Data infrastructure. </P> <P>Denney explained that if paid monthly, the total cost is $2,755.72 per month or $33,068.64 per year. If payment is made on an annual basis, the cost is discounted $890.01 for a total payment of $32,178.63. Denney recommended annual payment. Payment will be made from the 911 Fee Fund and sufficient funds currently exist.</P> <P>McGovern requested approval to execute the Motorola Software Maintenance Contract for the mobile data system in the amount of $15,466. The Douglas County 911 Board has recommended payment of the maintenance agreement through 911 Fee Funds since it is used by multiple jurisdictions on a county-wide basis. </P> <P>After discussion, Jones made a motion to authorize Jim Denney to execute the hardware maintenance agreement with Motorola, Inc. in the amount of $32,178.63 and the software maintenance agreement with Motorola, Inc. in the amount of $15,466 to be paid out of the 911 Fee Fund. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>PUBLIC WORKS &amp; AGREEMENTS 01-10-05</STRONG><BR>The Board considered approval of an Amendment to Agreement for Engineering Services Replacement of Bridge No. 09.24-16.00 and Approach Roadway Improvements for Project No. 23 C 3890-01. Keith Browning, Director of Public Works/County Engineer, explained that the Board entered into an agreement dated March 15, 2004 with Finney &amp; Turnipseed, L.L.P. for engineering design services for the replacement of the referenced bridge on Route 1055 near Gun Club hill. The project as originally envisioned included replacing the bridge and improving the alignment of the roadway curve immediately south of the bridge. The original agreement stipulates Douglas County will pay Finney &amp; Turnipseed $43,200 for engineering design services.</P> <P>The Board has indicated its approval to expand the project to include geometric improvements to the second roadway curve south of the bridge. Geometric improvements to the second curve would increase the overall length of the project by approximately 1,150 feet. Federal safety funding (STP-Safety) is available if the second curve is included. Expanding the bridge replacement project to include the second curve is economically advantageous to Douglas County since it will be much more expensive to improve the curve as a separate project.</P> <P>The proposed amendment to the original engineering services agreement would increase the cost of engineering design fees by $8,500. The latest construction cost estimate for the expanded project is approximately $1,050,000. The proposed total engineering design fee of $51,700 is very reasonable at approximately 5% of the estimated construction cost. </P> <P>Johnson moved approval of the Amendment to the Agreement for Engineering Design Services for Project No. 23 C-3890-01, the replacement of bridge number 09.24-16.00 and approach roadway improvements, thereby increasing the total design engineering cost from $43,200 to $51,700. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>&#160;PUBLIC WORKS &amp; AGREEMENTS 01-10-05<BR></STRONG>The Board discussed the Kansas Department of Wildlife &amp; Parks (KDWP) Community Fisheries Assistance Program. Keith Browning, Director of Public Works/County Engineer, explained that KDWP has a new program called Community Fisheries Assistance Program (CFAP) that replaces the previous Community Lakes Assistance Program under which Lone Star Lake is currently operating. The new initiative is an attempt to remove barriers to fishing at community lakes. </P> <P>Community lake owners who enroll in CFAP agree to not require fishing and boating permits in addition to state permits. In return KDWP provides money equal to the average revenue from permit sales. The annual lease payments would be made in two installments by KDWP each year. As an additional benefit of the program, local community cooperators (i.e., Douglas County) will receive priority status for fisheries management services, stocking, feeding, and habitat assistance.</P> <P>KDWP has submitted a lease offer for Lone Star Lake of $7,554.61 per year. This offer exceeds the average of the five previous years of permits sold for Lone Star Lake fishing and boating. The previous five-year average is $7,062.88. To maintain eligibility in the CFAP, Douglas County would need to document 75% of the amount of the lease payment as expenses each year in maintenance and enhancement of the lake as related to fishing. Many of the routine maintenance activities associated with the lake would qualify, e.g., mowing, shoreline stabilization, restroom maintenance, litter and trash removal, vegetation management, etc. These routine maintenance activities would easily amount to 75% of the lease payment.</P> <P>Jones requested that the County Counselor review the Agreement to determine whether it would undermine the County's ability to set limits on the lake and explore various enforcement options. No action was taken.</P> <P><STRONG>ACCOUNTS PAYABLE 01-10-05<BR></STRONG>Jones moved approval of accounts payable in the amount of $180,150.02 to be paid 01/10/05; accounts payable manual checks in the amount of $1,368.24; payroll in the amount of $602,389.49; electronic funds transfers in the amounts of $43,122.17 for FICA and $37,279.07 for KPERS to be paid 12/23/04; lump sum merit payroll in the amount of $68,314.67; electronic funds transfers in the amount of $29.73 for FICA to be paid 12/30/04; payroll in the amount of $625,460.54; and electronic funds transfers in the amounts of $45,944.54 for FICA and $42,600.42 for KPERS to be paid 01/07/05. Motion was seconded by Johnson and carried unanimously.</P> <P>&#160;<STRONG>PUBLIC WORKS 01-10-05</STRONG><BR>The Board conducted a work session to discuss draft intersection and entrance spacing standards. No action was taken.</P> <P>At 12:05 P.M., Jones made a motion that the Board recess until 1:15 P.M. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 01-10-05<BR></STRONG>The Board returned to regular session at 1:15 P.M. at which time Jones made a motion that the Board recess go into executive session until 1:45 P.M. with Craig Weinaug, County Administrator; Pam Madl, Assistant County Administrator; Keith Dabney, Director of Zoning &amp; Codes; and Evan Ice, County Counselor, to discuss zoning issues. Motion was seconded by Johnson and carried unanimously. The Board returned to regular session at 1:38 P.M. No action was taken.</P> <P>McElhaney moved to adjourn; Johnson seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member<BR></P>

<P>Jones called the meeting to order at 6:35 P.M. on Wednesday, January 12, 2005 with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>EMERGENCY MANAGEMENT 01-12-05</STRONG><BR>Paula Phillips, Director of Emergency Management, conducted a volunteer recognition ceremony. No action was taken.</P> <P><STRONG>CONSENT AGENDA 01-12-05<BR></STRONG>Johnson moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5288. Order is on file in the office of the County Clerk;</LI> <LI>Authorize Notice to Grant Notice to Grant Township for Midland Farm Store;</LI> <LI>Approve Resolution No. 05-05 amending the Douglas County Zoning Regulations to specifically allow dairy equipment distribution as a permissible rural home business occupation [Type II] under Section 19-6.2 of the Zoning Regulations; and</LI> <LI>Approve Resolution No. 05-06 relating to and amending the Zoning Regulations for the unincorporated territory of Douglas County, Kansas.</LI></UL> <P>Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>EMERGENCY MANAGEMENT 01-12-05<BR></STRONG>Paula Phillips, Director of Emergency Management, presented a Disaster Resolution for the Board's consideration. Phillips explained that the winter weather conditions have caused or imminently threatened to cause wide-spread or severe damage, injury or loss of life or property in disastrous proportion in Douglas County. McElhaney made a motion to approve the Disaster Resolution, seconded by Johnson and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 01-12-05</STRONG><BR>The Board discussed the County owned house in the 1100 block of Rhode Island. It was the consensus of the Board to table further discussion until March 16, 2005. No action was taken.</P> <P><STRONG>ACCOUNTS PAYABLE 01-12-05</STRONG><BR>Jones moved approval of accounts payable manual checks in the amount of $195.00; motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>APPOINTMENTS &amp; ZONING 01-12-05</STRONG><BR>Johnson made a motion to appoint Sam Sunderraj, Lecompton, KS and Dwayne Lyon, Baldwin City, KS to the Douglas County Board of Building Code Appeals for four (4) year terms which will expire 01-31-09. It should be noted that Mr. Sunderraj fills the position to be held by a professional engineer and Mr. Lyon fills the position to be held by a general contractor per Resolution 90-50. Motion was seconded by McElhaney and carried unanimously.</P> <P>Jones made a motion to adjourn; McElhaney seconded and the motion carried unanimously.</P> <P></P> <P>_____________________________ _____________________________<BR>Charles Jones, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Jamie Shew, County Clerk Jere McElhaney, Member</P>

<P>Jones called the meeting to order at 8:35 A.M. on Monday, January 24, 2005 with all members present. The Pledge of Allegiance was recited.</P> <P>Johnson moved approval of the minutes of January 10 and January 12, 2005; motion was seconded by Jones and carried unanimously.</P> <P><STRONG>CONSENT AGENDA 01-24-05</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5289, 5290, and 5291. Orders are on file in the office of the County Clerk;</LI> <LI>Approve Resolution No. 05-07 granting a cereal malt beverage license to Clinton Mini Mart;</LI> <LI>Approve Resolution No. 05-08 granting a cereal malt beverage license to Midland Farm Store;</LI> <LI>Approve Resolution No. 05-09 concerning reimbursement of county employees for the use of their personal motor vehicles for county business; and</LI> <LI>Approve Resolution No. 05-10 providing for the installation of a gate on N 1500 Road.</LI></UL> <P>Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>AMBULANCE 01-24-05</STRONG><BR>The Board discussed bids received by the City of Lawrence for construction of Lawrence-Douglas County Fire &amp; Medical Station #5. Dan Sabatini, Architect, and Mike Wildgen, Lawrence City Manager, were present for the discussion. Sabatini noted that the bids received for the station came in approximately $500,000 more than originally estimated. The City of Lawrence approved the low bid received by First Management, Inc. for construction of the station. Sabatini then recommended various changes for the Board to consider resulting in a savings of approximately $57,680. Douglas County's share of the project would be 24%. </P> <P>McElhaney stated that the building as designed is definitely a $4.5 million project. However, he questioned whether it should be redesigned and rebid in order to lower the cost. McElhaney then asked whether an operational budget had been prepared. Wildgen responded that a budget had been prepared, but he did not have the information with him.</P> <P>McElhaney then asked how long the project had been in the Capital Improvements Plan (CIP) and whether it had been adjusted for inflation.</P> <P>Pam Madl, Assistant County Administrator, stated that the project had been in the CIP for three (3) years and had not been adjusted for inflation. </P> <P>Johnson stated that he believed this conversation should have taken place before the project went out for bid. He noted that since the City Commission has already voted to approve the project, he believed the County should live up to their agreement and be a full participant. Johnson also noted he appreciated McElhaney's work, but he was inclined to approve the project as bid.</P> <P>Jones also indicated his appreciation for McElhaney's work, noting the cost had been reduced due to his efforts. Jones then stated that if this were a County project, it would have been handled differently. Jones stated his inclination to approve the project as bid.</P> <P>McElhaney stated he believed that since taxpayers were told a specific cost for the station, that's what the station should cost. McElhaney noted he would not support the project as bid.</P> <P>Jones moved approval of the low bid received from First Management, Inc. for the construction of Station 5 consistent with the County's share as interpreted in the Interlocal Agreement. Motion was seconded by Johnson and carried with McElhaney opposed.</P> <P><STRONG>PUBLIC WORKS 01-24-05</STRONG><BR>The Board discussed the scheduling of a public meeting for Bridge Replacement Project No. 23 C-3890-01 and possible future Route 1055 improvements. Keith Browning, Director of Public Works/County Engineer, presented display sheets showing possible future improvements to Route 1055 between Route 458 and Vinland. Browning noted that Vinland Grade School was available for a public meeting on Tuesday February 15th or Tuesday, February 22, at 7:00 P.M. Browning was directed to check the availability of the school on a Wednesday evening. No action was taken.</P> <P><STRONG>ACCOUNTS PAYABLE 01-24-05<BR></STRONG>Johnson moved approval of accounts payable in the amounts of $326,308.18 to be paid 01/18/04 and $244,935.52 to be paid 01/24/05; accounts payable manual checks in the amounts of $285.52 and $1,368.24; payroll in the amount of $717,721.56; electronic funds transfers in the amounts of $52,992.46 for FICA and $46,533.68 for KPERS to be paid 01/21/05. Motion was seconded by Jones and carried unanimously.</P> <P>&#160;Jones made a motion to adjourn; McElhaney seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member<BR></P>

<P>Jones called the meeting to order at 6:35 P.M. on Wednesday, February 2, 2005 with all members present. The Pledge of Allegiance was recited.</P> <P>Johnson moved approval of the minutes of January 24, 2005; motion was seconded by Jones and carried unanimously.</P> <P><STRONG>CONSENT AGENDA 02-02-05</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5292, 5293, and 5295. Orders are on file in the office of the County Clerk;</LI> <LI>Accept the bid received from UMB Bank, n.a., Kansas City, Missouri, and authorize the Chairman and Clerk to execute the bid form selling the Bonds to the best bidder on the basis of said bid and the terms specified in the Notice of Bond Sale, for the purchase of $737,000 principal amount of General Obligation Bonds, Series 2005-A, dated March 1, 2005;</LI> <LI>Approve Resolution No. 05-11 authorizing and directing the issuance, sale and delivery of $737,000 principal amount of General Obligation Bonds, Series 2005-A of Douglas County, Kansas; providing for the levy and collection of an annual tax for the purpose of paying the principal of and interest on said bonds as they become due; making certain covenants and agreements to provide for the payment and security thereof; and authorizing certain other documents and actions connected therewith; and</LI> <LI>Approve enrollment of Lone Star Lake in the Community Fisheries Assistance Program through the Kansas Department of Wildlife and Parks.</LI></UL> <P>Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>PUBLIC WORKS 02-02-05</STRONG><BR>The Board discussed a response letter to the Kansas Department of Transportation regarding local road issues in conjunction with US 59 Freeway Construction Project. Keith Browning, Director of Public Works/County Engineer, was present for the discussion. The letter noted that Douglas County would assume responsibility for upgrading E 1300 Road between N 100 Road and N 150 Road. The letter also indicated that Douglas County would request that KDOT assume responsibility for a significant portion of the extension of E 1326 Road from Berg Acres southward to Route 458 (N 1000 Road). </P> <P>&#160;Johnson stated he believed that KDOT should assume responsibility for the extension of E 1326 Road. </P> <P>Jones stated he would recommend that Douglas County indicate clear support for KDOT to take over the extension of E 1326 Road and suggested that one commissioner work with Browning to work on the letter and conduct negotiations with KDOT. Jones then made a motion that Johnson be assigned to work with Browning to revise the letter and complete negotiations on this matter; that the letter indicate the County's willingness to assume responsibility for upgrading E 1300 Road; and request that KDOT assume responsibility for the extension of E 1326 Road. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 02-02-05<BR></STRONG>Johnson moved approval of accounts payable in the amount of $100,814.26 to be paid 01/31/04; accounts payable manual checks in the amount of $14,456.16; and approve letters to the Douglas County Treasurer authorizing the Treasurer to credit the accounts of Bambino's in the amounts of $73.15 and $33.65; Kinko's in the amount of $477.39; Charles Whitman in the amount of $100.00; Shelley Bock in the amount of $150.67; and Professional Moving &amp; Storage in the amount of $262.50 against their delinquent taxes as authorized by state statute. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>APPOINTMENTS 02-02-05</STRONG><BR>Jones made motion to appoint Marsha Goff, Lawrence, KS, to the Jayhawk Area Agency on Aging Board of Directors&nbsp; to fill the unexpired term of Joseph Simunac who recently resigned. Motion was seconded by Johnson and carried unanimously. It should be noted that Ms. Goff's term shall expire on September 30, 2006.</P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P>

<P>Jones called the meeting to order at 8:35 A.M. on Monday, February 7, 2005 with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 02-07-05</STRONG><BR>Johnson moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5294. Order is on file in the office of the County Clerk;</LI> <LI>Note receipt of reporting of State Forfeitures per K.S.A. 60-4117(d)(2);</LI> <LI>Pull the item "Consider approval of Annual Noxious Weed Eradication Progress Report for 2004" for discussion; and</LI> <LI>Approve the purchase of one (1) 2005 Ford Taurus from Shawnee Mission Ford in the amount of $12,300 for the Lawrence-Douglas County Fire &amp; Medical Department.</LI></UL> <P>Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PUBLIC WORKS &amp; WEEDS 02-07-05</STRONG><BR>Mike Perkins, Operations Division Manager, Department of Public Works, presented the 2004 Noxious Weed Eradication Progress Report and the Annual Noxious Weed Management Plan. Jones made a motion to approve the 2004 Noxious Weed Eradication Progress Report and the Annual Noxious Weed Management Plan. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>PLANNING 02-07-05</STRONG><BR>The Board considered Item No. 2 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated February 2, 2005. This item is PF-12-37-04: Final Plat for Frontier Farm Credit Addition. This proposed bank/office subdivision contains approximately 7.04 acres and is located north of U.S. Highway 56 and east of U.S. Highway 59. Submitted by Landplan Engineering, P.A., for Frontier Farm Credit, ACA, contract purchaser, and Jerold W. and Janet K. Seele, property owners of record. Paul Patterson, staff member of the Lawrence-Douglas County Metropolitan Planning Department, was present for the discussion. This item comes to the Board with a recommendation of approval for acceptance of easements, subject to the following conditions:</P> <P>&nbsp;1.&nbsp;Provision of the following fees and recording documentation:<BR>&nbsp;&nbsp;a.&nbsp;Current copy of paid property tax receipt at the time of submittal of the final plat for filing; and<BR>&nbsp;&nbsp;b.&nbsp;Recording fees made payable to the Douglas County Register of Deeds.<BR>&nbsp;2.&nbsp;Change the County Clerk's signature to Jamie Shew.</P> <P>Johnson moved approval of PF-12-37-04 subject to the above conditions. Jones seconded and the motion carried unanimously.</P> <P><STRONG>AGREEMENTS &amp; SHERIFF 02-07-05</STRONG><BR>The Board considered approval of an Agreement between the Board of County Commissioners of Douglas County, Kansas, and the City of Baldwin City, Kansas, for Housing of Inmates in the Douglas County Jail.&nbsp; Ken McGovern, Sheriff, and Kari Wempe, Lieutenant, were present for the discussion. After discussion, Jones made a motion to approve the Agreement for Housing of Inmates in the Douglas County Jail; Johnson seconded and the motion carried unanimously.</P> <P><STRONG>AMBULANCE &amp; PURCHASING 02-07-05</STRONG><BR>The Board considered approval to purchase one (1) ambulance for the Lawrence-Douglas County Fire &amp; Medical Department. Mark Bradford, Deputy Chief of the Lawrence-Douglas County Fire &amp; Medical Department, stated that the FY 2005 budget recommends the purchase of one (1) medic unit. The County Commission previously approved the replacement of two (2) medic units in the FY 2004 budget as outlined in the Vehicle Replacement Program. American Response Vehicles (AEV) was awarded the bid in the amount of $194,999 per unit. Bradford approached American Response Vehicles (AEV) to ascertain if they would consider extending their 2004 bid price for the purchase of one (1) medic unit in 2005, and they have agreed to this request. Bradford requested approval to waive the bid requirements of the Purchasing Policy authorizing approval to enter into an agreement with American Response Vehicles (AEV) for the purchase of one (1) medic unit through an extension of the 2004 purchase contract in the amount of $194,999. After discussion, Johnson moved approval to waive the bid requirement of the Purchasing Policy and authorize approval to enter into an agreement with American Response Vehicles (AEV) for the purchase of one (1) medic unit through an extension of the 2004 purchase contract in the amount of $194,999. Motion was seconded by McElhaney and carried unanimously. It should be noted that there will be a trade-in unit which will be disposed of utilizing E-Bay for the method of sale of trade-in with a $3,000 plus costs as the reserve amount.</P> <P><STRONG>ACCOUNTS PAYABLE 02-07-05<BR></STRONG>Johnson moved approval of accounts payable in the amount of $272,062.46 to be paid 02/07/05; accounts payable manual checks in the amounts of $12.00 and $1,505.52; ACH Bank Transfer in the amount of $20,796.25 to be paid 03/01/05; corrected 01/21/05 payroll in the amount of $717,771.90; payroll in the amount of $617,565.65; and electronic funds transfers in the amounts of $45,357.66 for FICA, $42,922.08 for KPERS, and $3.85 for KPERS to be paid 02/04/05. Motion was seconded by Jones and carried unanimously.</P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Jere McElhaney, Member</P> <P>&nbsp;</P>

<P>Jones called the meeting to order at 6:36 P.M. on Wednesday, February 9, 2005 with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 02-09-05</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5296. Order is on file in the office of the County Clerk;</LI></UL> <P>Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PUBLIC WORKS, TOWNSHIPS &amp; RESOLUTIONS 02-09-05</STRONG><BR>The Board conducted a public hearing to accept public comment concerning the possibility of rescinding the "minimum maintenance" designation currently in effect for a portion of E 650 Road between 1590 N and County Route 442 (N 1600 Road). No comments were received. Jones made a motion to close the public hearing; Johnson seconded and the motion carried unanimously.</P> <P>McElhaney made a motion to approve Resolution No. 05-12 rescinding the "minimum maintenance" designation for a portion of E 650 Road. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>ZONING 02-09-05</STRONG><BR>The Board discussed a request to revise the County's policy on addressing rural properties using the same driveway. Keith Dabney, Director of Zoning &amp; Codes, conducted a brief presentation. It was the consensus of the Board that this item be referred back to the Addressing Committee composed of Keith Browning, Director of Public Works/County Engineer; Jim Denney, Director of Emergency Communications; Marion Johnson, County Appraiser; and Keith Dabney, Director of Zoning and Codes. No action was taken.</P> <P>McElhaney excused himself at 7:05 P.M.</P> <P><STRONG>OUT-DISTRICT COLLEGE TUITION STATEMENTS 02-09-05</STRONG><BR>Johnson moved approval of four (4) Out-District College Tuition Statements in the amount of $576. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 02-09-05</STRONG><BR>Johnson moved approval of accounts payable manual checks in the amount of $12,018; and authorize letter to the Douglas County Treasurer authorizing the Treasurer to credit the account of Professional Moving &amp; Storage in the amount of $575.00. Motion was seconded by Jones and carried unanimously.</P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member<BR></P>

<P>Jones called the meeting to order at 8:33 A.M. on Monday, February 14, 2005 with all members present. The Pledge of Allegiance was recited.</P> <P>Johnson moved approval of the minutes of February 2, February 7, and February 9, 2005, as amended. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>CONSENT AGENDA 02-14-05<BR></STRONG>Johnson moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5297, 5298 and 5299. Orders are on file in the office of the County Clerk; and</LI> <LI>Pull the item "Consider approval of Hazardous Materials Emergency Preparedness Grant" for discussion.</LI></UL> <P>Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>EMERGENCY MANAGEMENT 02-14-05</STRONG><BR>The Board discussed the Hazardous Materials Emergency Preparedness Grant. Paula Phillips, Director of Emergency Management, explained that the Kansas Division of Emergency Management has awarded the Douglas County Emergency Management Board/Local Emergency Planning Committee a Hazardous Materials Emergency Preparedness (HMEP) grant in the amount of $19,800. Phillips further explained that all HMEP grants have an 80/20 split, which means that Douglas County has an obligation to match 20% of the total grant sum. Douglas County Emergency Management will provide the $3,960 as a soft match. Staff time and final report production costs will fulfill the soft match requirement. After discussion, Jones made a motion to agree that $19,800 in Hazardous Material Transportation Act grant funds be deposited in the County treasury for use by the Local Emergency Planning Committee, and that such funds will only be used for projects specifically designed and approved for by the Local Emergency Planning Committee. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>PLANNING &amp; ZONING 02-14-05</STRONG><BR>The Board discussed contiguous as criteria for subdivisions within the Urban Growth Area (UGA). Sheila Stogsdill, staff member of the Lawrence-Douglas County Metropolitan Planning Department, was present for the discussion.</P> <P>Jones stated he would like to see the development of a policy about subdivision growth within the UGA. He expressed concerns regarding the approval of subdivisions within the UGA and stated he believed contiguity was a good policy.</P> <P>McElhaney stated he was under the impression that if the property was in the UGA, it could be developed and contiguity did not have to be the rule of thumb.</P> <P>Jones stated he did not believe it was good policy to have subdivisions springing up all over the UGA. Jones further stated that some rules need to be established for development of subdivisions within the UGA. He noted that if he saw a rational plan for growth within the UGA, he would be willing to take contiguity off the table. He then suggested that proximity to paved roads might be a consider ation.</P> <P>McElhaney stated he did not believe it was good policy to give the appearance of good faith towards the UGA, then changing the rules. McElhaney also stated there were rules for subdivisions in the UGA.</P> <P>Kelly Sh&#160;maker, Jackie Hout and Melinda Henderson made brief comments.</P> <P>Linda Finger, Director of the Lawrence-Douglas County Metropolitan Planning Department, stated she is working with Richard Ziesenis, Director of Environmental Health for the Lawrence-Douglas County Health Department, on a map that would be an amendment to Horizon 2020, and would be in touch with the update. No action was taken.</P> <P><STRONG>ACCOUNTS PAYABLE 02-14-05<BR></STRONG>Johnson moved approval of accounts payable in the amount of $2,591,109.72 to be paid 02/14/05; and accounts payable manual checks in the amount of $17,011.09. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>APPOINTMENTS 02-14-05<BR></STRONG>Jones made a motion to reappoint Carl McElwee, Lawrence, KS to the Lawrence-Douglas County Health Board for a three (3) year term which shall expire on March 31, 2008. Motion was seconded by Johnson and carried unanimously.</P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P><BR>_____________________________&nbsp;_____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;&nbsp;Jere McElhaney, Member</P>

<P>Jones called the meeting to order at 6:36 P.M. on Wednesday, February 16, 2005 with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 02-16-05</STRONG><BR>Johnson moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5300. Order is on file in the Office of the County Clerk.</LI></UL> <P>Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PUBLIC WORKS AND CONTRACTS 02-16-05</STRONG><BR>The Board discussed bids received for crushed rock aggregates used for road and bridge maintenance. Keith Browning, Director of Public Works/County Engineer, explained that two (2) bidders submitted bids for AB-3, SS-3 and Shot Rock aggregate. After discussion, Jones moved approval to accept the bid from Hunt Martin for the supply of AB-3, SS-3 and Shot Rock aggregate in the total amount of $99,125 broken down as follows:</P> <P>&nbsp; &nbsp;$24,750 for Zone 1 -- AB-3 (Lawrence quarry)<BR>&nbsp; &nbsp;$12,500 for Zone 2 -- AB-3 (Globe quarry)<BR>&nbsp; &nbsp;$18,000 for Zone 1 -- SS-3 (Lawrence quarry)<BR>&nbsp; &nbsp;$22,000 for Zone 2 -- SS-3 (Globe quarry)<BR>&nbsp; &nbsp;$9,375 for Zone 1 -- Shot Rock (Lawrence quarry)<BR>&nbsp; &nbsp;$12,500 for Zone 2 -- Shot Rock (Globe quarry)</P> <P>Motion was seconded by Johnson and carried unanimously. It should be noted that these expenditures will be paid out of Road &amp; Bridge Fund 201.</P> <P><STRONG>PLANNING 02-16-05</STRONG><BR>The Board considered Item No. 7 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated February 2, 2005. This item is CUP-12-05-04: Conditional Use Permit for Rural Water District #4 Pump Station. The property is located west of E 1700 Road north of N 500 Road. Submitted by Ponzer-Youngquist, P.A., for Douglas County Rural Water District No. 4, applicant. Katharine Kelley is the property owner of record. Sandra Day, staff member of the Lawrence-Douglas County Metropolitan Planning Department, was present for the discussion. This item comes to the Board with a unanimous recommendation for approval based upon the following Findings of Fact:</P> <P><STRONG>Zoning and uses of property nearby.</STRONG> The subject property is located north of the City of Baldwin on the west side of E 1700 Road. The area is zoned for Agricultural uses and includes scattered rural residential homes along the county roads. A rural subdivision is located to the northeast of the subject property.</P> <P><STRONG>Character of the area.</STRONG> The subject site is a 40 acre tract with the utility located on the northeast corner. The surrounding area is agricultural in nature.</P> <P><STRONG>Suitability of subject property for the uses to which it has been restricted.</STRONG>The property is agriculturally zoned and undeveloped. Based on the zoning and land uses of adjoining property, the subject property is suited to the uses to which it has been restricted. Conditional Use Permits (CUP's) are designed to allow special and unique land uses to occur. This use is designated as a public utility and therefore requires the approval of a CUP. The subject property is located within proximity to the City of Baldwin but not in the immediate growth boundary.</P> <P><STRONG>Length of time subject property has remained vacant as zoned.</STRONG> The subject area has been zoned A (Agricultural) District since the adoption of the zoning regulations in the unincorporated portions of Douglas County in 1966.</P> <P><STRONG>Extent to which removal of restrictions will detrimentally affect nearby property.</STRONG> The development of this use on this site is not anticipated to detrimentally affect nearby property. The proposed utility will be replaced with an above ground pump facility within the existing lease area. The site includes an existing radio antenna that will remain. The proposed improvements will allow the Rural Water District to continue service to existing and future customers. Access to the site will be provided from the current driveway along E 1700 Road. The building will not be staffed.</P> <P><STRONG>Relative gain to the public health, safety and welfare by the destruction of the value of the petitioner's property as compared to the hardship imposed upon the individual landowners.</STRONG> Evaluation of the relative gain weighs the benefits to the community-at-large vs. the benefit of the owners of the subject property. Benefits are measured based on anticipated impacts of the rezoning request on the public's health, safety and welfare. The Rural Water District is requesting this Conditional Use Permit to make improvements to the existing facility that provide a public supply of water. This improvement will benefit the community by maintaining a quality of service to rural water customers.</P> <P><STRONG>Conformance with <EM>The Comprehensive Plan</EM>.</STRONG> The Conditional Use Permit for the proposed facility is not in conflict with <EM>Horizon 2020</EM>.</P> <P>AND subject to the following conditions:</P> <P>&nbsp;1.&nbsp;Provision of a revised site plan to show and note the proposed height of the building on the detail; and<BR>&nbsp;2.&nbsp;Provision of a revised site plan to show and note the height of the existing antenna.</P> <P>Johnson moved approval of CUP-12-05-04 subject to the above conditions; motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PLANNING &amp; ZONING 02-16-05</STRONG><BR>The Board discussed Draft 7 of the Rural Planning Committee's Chapter 13 addition to Horizon 2020. Linda Finger, Director of the Lawrence-Douglas County Metropolitan Planning Department, was present for the discussion.</P> <P>McElhaney questioned what problems had been identified that this chapter is written to address -- what is broken or needs to be fixed. He also asked who asked the Planning Commission to take on this study.</P> <P>Johnson stated that he believed the direction came from the County Commission at the time of the Urban Growth Area (UGA) revision adoption, specifically in regard to water requirements along with a request to address the 5-acre exemption.</P> <P>Jones stated he believed this was consistent with the Board's direction -- that city water be more available in the UGA.</P> <P>The Board also discussed annexation policies, platting, agriculture and ag-related uses, water, home-based businesses and a Cost of Services Study. No action was taken.</P> <P><STRONG>ACCOUNTS PAYABLE 02-16-05<BR></STRONG>Johnson moved approval to authorize letters to the Douglas County Treasurer authorizing the Treasurer to credit the accounts of Bambino's in the amount of $88.44; and Kinko's in the amount of $177.55 against their delinquent taxes as authorized by state statute. Motion was seconded by Jones and carried unanimously.</P> <P>&#160;Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member<BR></P>

<P>Jones called the meeting to order at 6:45 P.M. on Wednesday, February 23, 2005 with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 02-23-05</STRONG><BR>There were no consent items.</P> <P><STRONG>PUBLIC WORKS 02-23-05<BR></STRONG>The Board conducted a public meeting to discuss Route 1055 improvements. Keith Browning, Director of Public Works/County Engineer, provided an introduction with a hand-out sheet and answered questions. </P> <P>Jones announced that a public hearing would be scheduled for Wednesday, March 30, 2005 at the Douglas County Courthouse to hear design concerns and specific problems. Jones explained that the purpose of this meeting was to help neighbors understand what the project was and how the project would impact everyone. </P> <P>Browning stated that the County would put notes on the plans to take as few trees as possible. Questions about drainage were raised. Browning explained that the Division of Water Resources of the Department of Agriculture will be looking at the hydrology characteristics before a permit is issued.</P> <P>In response to a question, Browning agreed to meet with the township to consider improvements to the township road to minimize safety concerns caused by people using non-official routes to get around the construction. No action was taken.</P> <P><STRONG>ACCOUNTS PAYABLE 02-23-05</STRONG><BR>Johnson moved approval to authorize a letter to the Douglas County Treasurer authorizing the Treasurer to credit the account of Professional Moving &amp; Storage in the amount of $90.00 against their delinquent taxes as authorized by state statute. Motion was seconded by Jones and carried unanimously.</P> <P>&#160;Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member<BR></P>

<P>Jones called the meeting to order at 8:30 A.M. on Monday, February 28, 2005 with two members present. Commissioner McElhaney was absent. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 02-28-05</STRONG><BR>Johnson moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5301. Order is on file in the Office of the County Clerk;</LI> <LI>Note receipt of fee reports for the months of December 2004 and January 2005;</LI> <LI>Approve Resolution No. 05-13 amending and establishing fees for copies of public documents; </LI> <LI>Accept the low bids from Lone Pine AG-Services, Inc. and Van Diest Supply Company as follows:</LI></UL> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"><FONT face=Arial> <P></P> <P></FONT> <TABLE cellSpacing=0 cellPadding=8 width=456 border=0> <TBODY> <TR> <TD width="29%" height=26><FONT face=Arial> <P>Herbicide</FONT></P></TD> <TD width="25%" height=26><FONT face=Arial> <P>Quantity</FONT></P></TD> <TD width="24%" height=26><FONT face=Arial> <P>Unit Cost</FONT></P></TD> <TD width="22%" height=26><FONT face=Arial> <P align=right>Total Cost</FONT></P></TD></TR> <TR> <TD width="29%" height=26><FONT face=Arial> <P>Glyphosate</FONT></P></TD> <TD width="25%" height=26><FONT face=Arial> <P>400 gal.</FONT></P></TD> <TD width="24%" height=26><FONT face=Arial> <P>$11.58</FONT></P></TD> <TD width="22%" height=26><FONT face=Arial> <P align=right>$4,632.00</FONT></P></TD></TR> <TR> <TD width="29%" height=26><FONT face=Arial> <P>Remedy</FONT></P></TD> <TD width="25%" height=26><FONT face=Arial> <P>80 gal.</FONT></P></TD> <TD width="24%" height=26><FONT face=Arial> <P>$78.54</FONT></P></TD> <TD width="22%" height=26><FONT face=Arial> <P align=right>$6,283.20</FONT></P></TD></TR> <TR> <TD width="29%" height=26><FONT face=Arial> <P>PastureGard</FONT></P></TD> <TD width="25%" height=26><FONT face=Arial> <P>50 gal.</FONT></P></TD> <TD width="24%" height=26><FONT face=Arial> <P>$40.51</FONT></P></TD> <TD width="22%" height=26><FONT face=Arial> <P align=right>$2,025.50</FONT></P></TD></TR> <TR> <TD width="29%" height=26><FONT face=Arial> <P>2,4-D (LV)</FONT></P></TD> <TD width="25%" height=26><FONT face=Arial> <P>300 gal.</FONT></P></TD> <TD width="24%" height=26><FONT face=Arial> <P>$10.84</FONT></P></TD> <TD width="22%" height=26><FONT face=Arial> <P align=right>$3,252.00</FONT></P></TD></TR> <TR> <TD width="29%" height=26><FONT face=Arial> <P>Tordon 22K</FONT></P></TD> <TD width="25%" height=26><FONT face=Arial> <P>400 gal.</FONT></P></TD> <TD width="24%" height=26><FONT face=Arial> <P>$77.50</FONT></P></TD> <TD width="22%" height=26><FONT face=Arial> <P align=right>$31,000.00</FONT></P></TD></TR> <TR> <TD width="54%" colSpan=2 height=26><FONT face=Arial> <P>Lone Pine AG Services, Inc.</FONT></P></TD> <TD width="24%" height=26><FONT face=Arial> <P align=right>Total</FONT></P></TD> <TD width="22%" height=26><B><FONT face=Arial> <P align=right>$47,192.70</B></FONT></P></TD></TR> <TR> <TD width="54%" colSpan=2 height=26> <P></P></TD> <TD width="24%" height=26> <P></P></TD> <TD width="22%" height=26> <P></P></TD></TR> <TR> <TD width="29%" height=26><FONT face=Arial> <P>Excort XP</FONT></P></TD> <TD width="25%" height=26><FONT face=Arial> <P>128 oz.</FONT></P></TD> <TD width="24%" height=26><FONT face=Arial> <P>$17.47</FONT></P></TD> <TD width="22%" height=26><FONT face=Arial> <P align=right>$2,236.16</FONT></P></TD></TR> <TR> <TD width="29%" height=26><FONT face=Arial> <P>2,4-D Amine</FONT></P></TD> <TD width="25%" height=26><FONT face=Arial> <P>1800 gal.</FONT></P></TD> <TD width="24%" height=26><FONT face=Arial> <P>$8.91</FONT></P></TD> <TD width="22%" height=26><FONT face=Arial> <P align=right>$16,038.00</FONT></P></TD></TR> <TR> <TD width="54%" colSpan=2 height=26><FONT face=Arial> <P>Van Diest Supply Company</FONT></P></TD> <TD width="24%" height=26><FONT face=Arial> <P align=right>Total</FONT></P></TD> <TD width="22%" height=26><B><FONT face=Arial> <P align=right>$18,274.16</B></FONT></P></TD></TR></TBODY></TABLE><FONT face=Arial></FONT></P></BLOCKQUOTE> <UL> <LI>Accept bids for various signs, posts and miscellaneous materials for county and township use as follows:</LI></UL> <P> <TABLE cellSpacing=0 cellPadding=8 width=294 border=0> <TBODY> <TR> <TD width="63%" height=26><FONT face=Arial> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>Vulcan Signs</FONT></P></BLOCKQUOTE></TD> <TD width="37%" height=26><FONT face=Arial> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P align=right>$816.65</FONT></P></BLOCKQUOTE></TD></TR> <TR> <TD width="63%" height=26><FONT face=Arial> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>Rocal, Inc.</FONT></P></BLOCKQUOTE></TD> <TD width="37%" height=26><FONT face=Arial> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P align=right>$335.00</FONT></P></BLOCKQUOTE></TD></TR> <TR> <TD width="63%" height=26><FONT face=Arial> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>National Sign</FONT></P></BLOCKQUOTE></TD> <TD width="37%" height=26><FONT face=Arial> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P align=right>$5,183.80</FONT></P></BLOCKQUOTE></TD></TR> <TR> <TD width="63%" height=26><FONT face=Arial> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>CPC</FONT></P></BLOCKQUOTE></TD> <TD width="37%" height=26><FONT face=Arial> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P align=right>$10,938.80</FONT></P></BLOCKQUOTE></TD></TR> <TR> <TD width="63%" height=26><FONT face=Arial> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>M D Solutions</FONT></P></BLOCKQUOTE></TD> <TD width="37%" height=26><FONT face=Arial> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P align=right>$578.75</FONT></P></BLOCKQUOTE></TD></TR> <TR> <TD width="63%" height=26><FONT face=Arial> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>Osburn Signs</FONT></P></BLOCKQUOTE></TD> <TD width="37%" height=26><FONT face=Arial> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P align=right>$335.18</FONT></P></BLOCKQUOTE></TD></TR> <TR> <TD width="63%" height=26><FONT face=Arial> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>J &amp; A Traffic</FONT></P></BLOCKQUOTE></TD> <TD width="37%" height=26><FONT face=Arial> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P align=right>$410.00</FONT></P></BLOCKQUOTE></TD></TR> <TR> <TD width="63%" height=26><FONT face=Arial> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P align=right>Bid Total</FONT></P></BLOCKQUOTE></TD> <TD width="37%" height=26><FONT face=Arial> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P align=right>$18,598.18</FONT></P></BLOCKQUOTE></TD></TR></TBODY></TABLE></P> <UL> <LI>Approve the donation of thirteen (13) point-and-shoot cameras and ninety (90) rolls of film to Central Junior High School.</LI></UL> <P>Motion was seconded by Jones and carried.</P> <P><STRONG>OUT-DISTRICT COLLEGE TUITION STATEMENTS 02-28-05</STRONG><BR>Jones moved approval of the eight (8) Out-District College Tuition statements in the amount of $24,750; motion was seconded by Johnson and carried.</P> <P><STRONG>ACCOUNTS PAYABLE 02-28-05</STRONG><BR>Jones moved approval of accounts payable in the amounts of $776,434.20 to be paid 02/21/04, and $544,474.60 to be paid 02/28/05; accounts payable manual checks in the amounts of $2,510.00 and $1,368.24; payroll in the amount of $616,239.53; and electronic funds transfers in the amounts of $45,257.62 for FICA and $42,323.85 for KPERS to be paid 02/18/05. Motion was seconded by Johnson and carried.</P> <P><STRONG>COURTHOUSE &amp; GRANTS 02-28-05</STRONG><BR>The Board considered approval of submitting an application to Heritage Trust Fund for preliminary planning work and construction document preparation for the Courthouse. Dan McMican, President of DGM Consultants, was present for the discussion. In December, the Board approved a contract of $48,480 for consulting services for the preservation and maintenance of the Douglas County Courthouse. The Project Committee met to discuss options for the Heritage Trust Fund Grant and believes it would be in the County's best interest to apply for the maximum grant of $90,000 (80% of the project cost). The grant would include an estimated cost for developing the construction documents. These costs will be defined following the condition assessment and brought back to the Commission for final contract approval. Jones made a motion to approve the Heritage Trust Fund Grant application; Johnson seconded and the motion carried.</P> <P><STRONG>MISCELLANEOUS 02-28-05</STRONG><BR>The Board discussed a request received from Bill Marshall, President of KLM Marketing Solutions, requesting the temporary closure of the South Lawrence Trafficway from Sixth Street to South Iowa from 6:30 A.M. until no later than 11:00 A.M. on Sunday, May 15, 2005. The requested closure will be for the purpose of conducting a team time trial as part of the National Collegiate Bike Championships being held in the Lawrence area May 13 through May 15, 2005. Marshall was present for the discussion along with Sheriff Ken McGovern. After discussion, Jones made a motion to submit a request to the Kansas Department of Transportation for the temporary closure of the South Lawrence Trafficway from Sixth Street to South Iowa from 6:30 A.M. until no later than 11:00 A.M. on Sunday, May 15, 2005. Motion was seconded by Johnson and carried. </P> <P><STRONG>MISCELLANEOUS 02-28-05</STRONG><BR>The Board conducted a study session to discuss the coordination of issues between various policy initiatives being undertaken by the Planning Commission, Douglas County Public Works, ECO2, and Douglas County Economic Development. The following individuals were present: Lynn Parman; Lavern Squier; Kelvin Heck; Sandra Shaw; Linda Finger; John Haase; Sandra Day; Keith Browning; Dorthea Jackson; Roxanne Miller; and Craig Weinaug. No action was taken.</P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried.</P> <P></P> <P>_____________________________ _____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ <BR>Jamie Shew, County Clerk</P> <P><BR></P>

<P>The Board of County Commissioners of Douglas County, Kansas met in Special Session on Friday, March 4, 2005 with Commissioners Jones and Johnson present. Commissioner McElhaney was absent. Jones called the Special Meeting to order at 9:06 A.M.</P> <P>Jones made a motion to appoint Cindy Monshizadeh, Deputy Treasurer, to serve as a canvasser in the absence of Commissioner McElhaney; Johnson seconded and the motion carried.</P> <P>The purpose of the Special Meeting was to canvass the results of the City Commission and Baldwin School District Position 4 primary election which was held on Tuesday, March 1, 2005. </P> <P>Jamie Shew, County Clerk, reported there were 96 provisional ballots. Shew made the following recommendations:</P> <P><U>Recommend to Count</U></P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>Change of Address -- 35<BR>Advance Mailed, But Not Returned -- 4<BR>Name Change -- 2<BR>Pollworker or Clerk's Error -- 2<BR>Wrong Precinct -- All Races Same -- 22<BR>Total -- 65</P></BLOCKQUOTE> <P><U>Recommend Not to Count</U></P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>Not Registered in Douglas County -- 5<BR>Voter Error -- 4<BR>No Signature on advanced Mail Ballot Envelope -- 22<BR>Total -- 31</P></BLOCKQUOTE> <P><BR>Jones made a motion to count the sixty-five (65) provisional ballots as recommended by Shew. Motion was seconded by Johnson and carried unanimously. </P> <P>It should be noted that after the additional ballots were counted, the election results were not changed. </P> <P>No errors were found.</P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P></P> <P>_____________________________ _______________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _______________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Cindy Monshizadeh, Deputy Treasurer</P> <P><BR></P>

<P>The Board of County Commissioners of Douglas County, Kansas met jointly with the Lawrence City Commission on Monday, March 7, 2005 with all members present. The purpose of the joint meeting was to discuss the Southeast Area Plan. Mayor Rundle opened the meeting with comments.</P> <P>Jones summarized activities to date.</P> <P>Lynn Parman, Vice President of Economic Development, Lawrence Chamber of Commerce, talked about industrial land absorption and what the current demand is for industrial lots.</P> <P>Laverne Squier, President of the Lawrence Chamber of Commerce, presented overlay maps.</P> <P>Roxanne Miller, ECO2 Chair, conducted a presentation including an appeal that any effort to acquire industrial land would have a parallel open space program. Miller also briefed the Board's process to date and noted a full report would be available in April.</P> <P>Miller then produced a blob map that was used to test criteria, stressing that these were not necessarily the sites that would be considered.</P> <P>Keith Browning, Director of Public Works/County Engineer, conducted a presentation about the County's current access management initiative. The decision was made not to have different schemes inside and outside the Urban Growth Area.</P> <P>Browning then presented a map showing a draft classification of roads with different frontages on different classifications of roads.</P> <P>Jones then turned the meeting over to John Haase, Chair of the Lawrence-Douglas County Metropolitan Planning Commission, for discussion of the Southeast Area Plan.</P> <P>Haase presented an introduction of the Southeast Area Plan.</P> <P>The general discussions from the City &amp; County Commissions indicated there was an issue over how much land in the area should be industrial.</P> <P>Jones discussed the appointment of a joint commission to resolve the number of industrial acres. There was extensive discussion regarding the strategy on industrial development and initiatives to determine transportation. </P> <P>It was the consensus that the Boards determine who should be on the joint commission. </P> <P>The joint meeting adjourned by consensus.</P> <P><STRONG>APPOINTMENTS &amp; RESOLUTIONS 03-07-05</STRONG><BR>The Board discussed a joint resolution amending the qualifications for members of the ECO2 Commission. No action was taken.<BR>.<BR><STRONG>ACCOUNTS PAYABLE 03-07-05</STRONG><BR>Johnson moved approval of accounts payable in the amount of $487,352.14 to be paid 03/07/05; accounts payable manual checks in the amount of $1,368.24; payroll in the amount of $625,981.73; and electronic funds transfers in the amounts of $45,987.09 for FICA and $41,549.58 for KPERS to be paid 03/04/05. Motion was seconded by Jones and carried unanimously.</P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Jere McElhaney, Member<BR></P>

<P>Jones called the meeting to order at 6:35 P.M. on Wednesday, March 9, 2005 with all members present. The Pledge of Allegiance was recited.</P> <P>McElhaney made a motion to approve the minutes of February 14, as amended, February 16, February 23, and February 28, 2005. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>CONSENT 03-09-05</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5302, 5303, and 5304. Orders are on file in the office of the County Clerk;</LI> <LI>Approve Resolution No. 05-14, a Joint Resolution of the City Commission of the City of Lawrence, Kansas (the "City") and the Board of County Commissioners of Douglas County, Kansas (the "County") amending the qualifications for members of the ECO2 Commission; and</LI> <LI>Approve the low bid received from B.A. Green Construction in the amount of $205,900 for the Douglas County Jail Expansion Project.</LI></UL> <P>Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>PUBLIC WORKS 03-09-05</STRONG><BR>The Board discussed bids received for asphalt supply for the 2005 Maintenance Season. Keith Browning, Director of Public Works/County Engineer, was present for the discussion. Jones made a motion to approve the contract with LRM Industries, Inc. (Lawrence) to supply 5,001 tons to 8,000 tons of BM-2 asphaltic concrete at the unit price of $25.10 per ton, and approve the contract with Killough Construction (Ottawa) to supply 1,000-5,000 tons of BM-2 at the unit price of $22.80 per ton. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>PUBLIC WORKS 03-09-05</STRONG><BR>The Board conducted a public meeting regarding proposed mailbox installation regulations. Keith Browning, Director of Public Work/County Engineer, explained that in November 2004, the Board discussed this issue and requested certain changes to the proposed regulations. The Board also directed staff to schedule a public meeting and to notify mailbox owners who would likely be affected by the proposed regulations. Browning then conducted a video presentation. </P> <P>Jones then asked for public comment.</P> <P>Several members of the public spoke in opposition to the proposed regulations. Some indicated they were opposed to the regulations since they had installed sturdier mailboxes because the County crews continually wiped them out during snow removal and mowing season. </P> <P>J&#160; Jennings, 1065 E 1000 Road, stated that while he agreed with the concept, he questioned whether the County would compensate him for his expenses since he was in compliance when he installed his stone mailbox for approximately $1,000. </P> <P>Jones stated that he believed that was a fair question that the Board would have to take into consideration.</P> <P>Keith N&#160; stated he had the same mailbox for the past sixty (60) years and didn't see a problem. He noted the snow plows were more of a problem.</P> <P>John Williams, 1113 E 1500 Road, discussed problems with the location of his mailbox. Williams stated that his box had been knocked down, backed into by trailers, hit by snow plows and vandalized. Williams also stated his mailbox was too close to the road, but since he lives on a narrow road with a steep ditch, he had no other place to place it.</P> <P>McElhaney stated he believed the regulations should be returned to the TSAC for additional input based on the feedback received from the public at this meeting.</P> <P>Jones stated that the Board would not act on the proposed regulations at this meeting and indicated there would be an additional public meeting. Jones directed staff to notify the property owners once the meeting is scheduled and let them know where copies of the proposed regulations may be obtained.</P> <P>Johnson stated his mailbox would be considered "non-compliant" and would need to be replaced.</P> <P><STRONG>APPOINTMENTS 03-09-05</STRONG><BR>Jones made a motion to appoint Wes Smith, Lawrence, KS and Sonya Johnson, Lawrence, KS to the Lawrence-Douglas County Housing Commission. Motion was seconded by Johnson and carried unanimously. It should be noted that Smith is filling the unexpired term of Shannon C. Oury which ends June 30, 2006 and Johnson is filling the unexpired term of Todd L. Crenshaw which ends June 30, 2005.</P> <P>&#160;<STRONG>MISCELLANEOUS &amp; PLANNING 03-09-05</STRONG><BR>Jones discussed the joint meeting with the City of Lawrence Commission held on March 7, 2005 regarding the Southeast Area Plan. Jones noted that the City Commission appointed Commissioner Highberger to meet with a County Commissioner to discuss the Plan. Jones suggested that Johnson be the County's representative to discuss this issue. It was the consensus of the Board that Johnson meet with Highberger to work out some common ground to present to the Commissions for consideration and action.</P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P>

<P>Jones called the meeting to order at 8:31 A.M. on Monday, March 14, 2005 with all members present. The Pledge of Allegiance was recited.</P> <P>Jones moved approval of the minutes of March 4 and March 7, 2005. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>PROCLAMATION 03-14-05</STRONG><BR>Peggy Wallert, Cottonwood, Inc., read a Proclamation proclaiming the month of March as "National Developmental Disability Month. " Jones made a motion to adopt the Proclamation as read; McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>CONSENT AGENDA 03-14-05</STRONG><BR>Johnson moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5305 and 5306. Orders are on file in the office of the County Clerk; and</LI> <LI>Authorize Notice to Clinton Township for Clinton Store.</LI></UL> <P>Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PLANNING 03-14-05</STRONG><BR>Paul Patterson, PF-01-01-05: Final Plat for First United Methodist Church. This proposed church site contains approximately 67.45 acres. The property is generally described as being located south of Highway 40 and west of Highway K-10. Submitted by Landplan Engineering, P.A., for First United Methodist Church, and Gateway West Land Holding Co., LLC, property owners of record. Paul Patterson, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. This item comes before the Board with a unanimous recommendation for acceptance of easements and rights-of- way, subject to the following conditions:</P> <P>&nbsp;1.&nbsp;Provision of the following fees and recording documentation:<BR>&nbsp;&nbsp;a.&nbsp;Current copy of paid property tax receipt at the time of submittal of the final plat for filing; and<BR>&nbsp;&nbsp;b.&nbsp;Recording fees made payable to the Douglas County Register of Deeds.<BR>&nbsp;2.&nbsp;Execution of updated Agreements Not to Protest the formation of a future Benefit District for:<BR>&nbsp;&nbsp;a.&nbsp;Public sanitary sewer and waterline improvements; and<BR>&nbsp;&nbsp;b.&nbsp;Collector street and sidewalk improvements.<BR>&nbsp;3.&nbsp;Pinning of the lot corners, per Section 21-302.2;<BR>&nbsp;4.&nbsp;Revise the Street names on the Final Plat to also include the county road E911 designation, E ___ (Aldersgate Road) and E ____ (John Wesley Drive); and<BR>&nbsp;5.&nbsp;Provision of a revised Final Plat to include the General Note, "Level of access will be determined at such time as geometric improvements are designed for this section of Highway 40."</P> <P>Tim Herndon, Landplan Engineering, Inc., spoke on behalf of the applicant. Herndon stated they had been working closely with the Kansas Department of Transportation in determining the safest place for access and the applicant was in general agreement with the conditions and recommendations.</P> <P>McElhaney made a motion to approve PF-01-01-05 subject to the above conditions. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>ZONING 03-14-05</STRONG><BR>The Board considered approval of a Home Rule Resolution amending Article 2 of Chapter VI of the Douglas County Code, regulating the use of fireworks and the issuance and conditions of permits for the sale of fireworks in the unincorporated areas of Douglas County. Keith Dabney, Director of Zoning &amp; Codes, was present for the discussion. Larry Bartz, local vendor and member of the Lawrence Firework's Association, was also present for the discussion and stated he was in general agreement with the proposed changes. The Board made various changes to the proposed regulations and requested staff to place it on a future Consent Agenda for final approval. No action was taken.</P> <P><STRONG>PUBLIC WORKS &amp; PURCHASING 03-14-05</STRONG><BR>The Board discussed a request for authorization to access cooperative contracts for the purchase of equipment for the Public Works Department. Jackie Waggoner, Purchasing Agent, stated that Public Works has allocated funds to purchase a vibratory roller, a flatbed truck with hoist and plow, and a tractor mower. The vibratory roller will replace a 1999 model given to the fairgrounds to maintain the arena, the flatbed truck will replace a 1979 Chevrolet, and the tractor mower will replace a 1994 Ford. Two cooperative contracts were considered for these purchases -- KCRPC (Kansas City Regional Purchasing Cooperative) vehicle contract, and HGAC (Houston Galveston Area Council) inter-local agreement through MARC (Mid America Regional Council). HGAC provided cooperative contracts for all of the equipment; whereas, KCRPC cooperative contract allows for a cab and chassis on a flatbed truck. </P> <P>After discussion, McElhaney made a motion to waive the bid requirement of the Purchasing Policy and authorize accessing the following HGAC and KCRPC Cooperative Purchasing Contracts:</P> <P> <TABLE cellSpacing=0 cellPadding=8 width=540 border=0> <TBODY> <TR> <TD width="29%" height=26><FONT face=Arial> <P>Flatbed Truck</FONT></P></TD> <TD width="54%" height=26><FONT face=Arial> <P>KCRPC w/KCR International</FONT></P></TD> <TD width="17%" height=26><FONT face=Arial> <P align=right>$124,444</FONT></P></TD></TR> <TR> <TD width="29%" height=26><FONT face=Arial> <P>Vibratory Roller</FONT></P></TD> <TD width="54%" height=26><FONT face=Arial> <P>HGAC w/Wirtgen America, Inc.</FONT></P></TD> <TD width="17%" height=26><FONT face=Arial> <P align=right>$34,950</FONT></P></TD></TR> <TR> <TD width="29%" height=26><FONT face=Arial> <P>Tractor Mower</FONT></P></TD> <TD width="54%" height=26><FONT face=Arial> <P>HGAC w/Alamo Sales</FONT></P></TD> <TD width="17%" height=26><FONT face=Arial> <P align=right>$66,175</FONT></P></TD></TR> <TR> <TD width="29%" height=26><B><FONT face=Arial> <P align=right>TOTAL</B></FONT></P></TD> <TD width="54%" height=26> <P></P></TD> <TD width="17%" height=26><FONT face=Arial> <P align=right>$225,569</FONT></P></TD></TR></TBODY></TABLE><FONT face=Arial></FONT></P> <P>Motion was seconded by Jones and carried unanimously.</P> <P>Johnson made a motion to authorize the disposal of the 1979 Chevrolet and 1994 Ford on E-Bay; Jones seconded and the motion carried unanimously.</P> <P><STRONG>PUBLIC WORKS 03-14-05</STRONG><BR>The Board considered revised construction and design standards for local and collector roads. Keith Browning, Director of Public Works/County Engineer, explained that the County's current standards for design and construction of local and collector roads were prepared and approved in 1972 and 1978. These standards were based on national and state geometric design guidelines in place at the time. </P> <P>In 2001, the American Association of State Highway and Transportation Officials (AASHTO) released "Guidelines for Geometric Design of Very Low-Volume Local Roads." These design guidelines are appropriate for local roads (and collector roads in certain circumstances) with average daily traffic volumes of 400 vehicles per day or less. In 2003, the Kansas Department of Transportation (KDOT) incorporated these new low-volume road guidelines into its design guidelines for local government road projects. KDOT's design guidelines also incorporate the guidelines contained in AASHTO's "A Policy on Geometric Design of Highways and Streets" (otherwise known as "the Green Book") for higher volume roads.</P> <P>Browning presented a proposed resolution that would adopt the design guidelines contained in Appendix B of KDOT's "Project Development Manual for Non-National Highway System Local Government Road and Street Projects" as the design standards for local and collector roads in Douglas County for the Board's consideration.</P> <P>Johnson stated he would not be in favor of narrowing collector-type roads. </P> <P>The Board made various editorial changes to the proposed resolution and directed staff to place it on a future Consent Agenda for final approval. No action was taken.</P> <P>&#160;<STRONG>ACCOUNTS PAYABLE 03-14-05<BR></STRONG>Johnson moved approval of accounts payable in the amount of $187,942.61 to be paid 03/14/05; motion was seconded by Jones and carried unanimously. </P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________ _____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;&nbsp; Jere McElhaney, Member<BR></P>

<P>Jones called the meeting to order at 6:36 P.M. on Wednesday, March 16, 2005 with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 03-16-05</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <UL> <LI>Authorize the adoption of a policy for the Sheriff's Department to provide firearms to the Sheriff's Department officers and the purchase of firearms and ammunition for the Sheriff's Department in the amount of $59,657.50; and</LI> <LI>Pull the item "Consider approval of Home Rule Resolution amending Article 2 of Chapter VI of the Douglas County Code, regulating the use of fireworks and the issuance and conditions of permits for the sale of fireworks in the unincorporated areas of Douglas County, Kansas" for discussion.</LI></UL> <P>Johnson seconded and the motion carried unanimously.</P> <P><STRONG>MISCELLANEOUS 03-16-05</STRONG><BR>Jones stated that the City of Lawrence was considering participation in a service that Aquila helped underwrite which is a community housing assessment team of a very intense effort which involves focus groups of various targeted sectors of the community such as financial, government, realtors, developers and builders. Jones suggested that the County also agree to participate. The cost share would be $3,000 for each the City, the County and Aquilla. Boog Highberger, Lawrence City Commissioner, stated that participation could keep us from having to appoint a task force to work on housing issues in the future.</P> <P>Johnson questioned how they would assess affordable housing in the unincorporated area of the County. Jones responded that would be a challenge for them to face. Jones then questioned whether Lecompton, Eudora and Baldwin City should be approached to see if they were interested in participating. Johnson stated he thought it made sense to look at this issue countywide, including the other cities.</P> <P>Jones directed Craig Weinaug, County Administrator, to work out the details with the City Manager, and bring it back to the Board for additional consideration. No action was taken.</P> <P><STRONG>ZONING &amp; RESOLUTIONS 03-16-05</STRONG><BR>The Board considered adoption of Home Rule Resolution No. HR-05-3-1 amending Article 2 of Chapter VI of the Douglas County Code, regulating the use of fireworks and the issuance and conditions of permits for the sale of fireworks in the unincorporated areas of Douglas County, Kansas. Jones stated that he had spoken with a representative of Pine Family Fireworks who want to be in full compliance, but since it is so late in the year, they would not be able to get a tent at this late date. They currently use wooden stands. Jones stated he would like some kind of mechanism that would allow them to operate their stand this year.</P> <P>Keith Dabney, Director of Zoning &amp; Codes, stated that he has verified it is too late to get a tent and the Pine Family Fireworks stand has been in business for a number of years. Dabney expressed his support to allow their operation for 2005.</P> <P>Jones then made a motion to approve Home Rule Resolution No. HR-05-3-1 with the provision that the tent requirement be waived for Pine Family Fireworks. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>PUBLIC WORKS 03-16-05</STRONG><BR>The Board considered approval of a contract for chip sealing county roads. Keith Browning, Director of Public Works/County Engineer, stated that last year Hi-Plains Sand was awarded the contract for chip sealing county roads. The contract was renewable for up to two additional years (through 2006). Under terms of the contract, material costs may be increased in renewal years to allow for market fluctuations. Hi-Plains submitted proposed unit costs for 2005. However, the proposed costs included increases that were not due to market fluctuations of material costs. The Public Works Department notified Hi-Plains that the 2004 contract could not be renewed for 2005 given the proposed unit cost increases, but would be re-bid. Browning recommended the Board approve the low base bid received from Vane Brothers, Inc. in the amount of $449,414.15 to seal approximately forty (40) miles of county roads in 2005, and authorize the Public Works Director to approve change orders totaling up to 5% of the contract amount. Jones made a motion to approve Browning's recommendation; McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>MISCELLANEOUS 03-16-05<BR></STRONG>The Board discussed the County-owned house on Rhode Island Street. Craig Weinaug, County Administrator, conducted a brief review of the history of the property, stating it was acquired several years ago with the intent of tearing down the house and utilizing the other County-owned vacant lots to build a parking lot. The East Lawrence Neighborhood Association has indicated they do not want a non-residential use on that side of Rhode Island Street. Last year, the County Commission directed staff to make arrangements to either tear down the house or move it. Since the house is contained within the environs of two (2) historic buildings -- the Douglas County Courthouse and the Old English Lutheran Church -- an Historic Resources Commission Review Application must be submitted to the Planning Office. This application process would require the County to specify what the lot will be used for. Since there has been no consensus, there has been no action. Weinaug stated he met with the East Lawrence Neighborhood Association on March 14 and discussed a number of alternatives. One idea that was brought up was the possibility of rehabilitating the house and leasing it. No specific proposal was made -- the idea was just discussed.</P> <P>The Board then heard comments from several neighbors and members of the Association urging the Board to keep the property residential.</P> <P>Ed Tato, former President of the East Lawrence Neighborhood Association, then addressed the Board. Tato stated that both sides are at fault here -- the neighborhood wants residential and the County wants parking or to preserve ownership for future use and neither side wants to compromise. Eventually someone is going to lose. Tato urged the Board and the Association to work together and figure out how to reduce the impact of dual uses and do something good for the city.</P> <P>Johnson stated that ultimately the decision has to be made as to what is going to happen to the ownership of the property. Johnson noted that he was not of the opinion that the County needs the property today, but the time may come when the County would need that property for some use. Johnson then stated that while he fully appreciated and understood the Association's feelings, he believed the County ought to keep the property for potential future expansion.</P> <P>McElhaney stated that he appreciated the good relationship between the Association and the County. He also stated he was not in favor of giving up the property. </P> <P>Jones stated that the County would do it's best to compromise and he would prefer to see the property go to private hands. </P> <P>Johnson suggested that the Board engage the neighborhood to come up with a proposition that deals with all the lots.</P> <P>Jones agreed and offered architectural assistance from the County. </P> <P>Tato requested that Johnson be involved in the discussions since he believed the County should also be involved.</P> <P>Jones suggested that it would be up to Johnson when he wanted to get involved.</P> <P>It was the consensus of the Board that a work session be scheduled in the future to discuss the proposals. No action was taken. </P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P></P> <P>_____________________________ _____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member<BR></P>

<P>Jones called the meeting to order at 8:32 A.M. on Monday, March 21, 2005 with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 03-21-05</STRONG><BR>Johnson moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5307. Order is on file in the Office of the County Clerk;</LI> <LI>Approve 2004 Township Annual Reports; and</LI> <LI>Approve Resolution No. 05-15 providing minimum design and construction standards for local and collector roads and streets, and other public improvements, other than in industrial and commercial subdivisions in Douglas County, Kansas.</LI></UL> <P>Motion was seconded by Jones and carried unanimously.</P> <P>Johnson then directed staff to explore issue of whether acceptance of the township reports implied any responsibility on any part of the County Commissioners of what was contained in the reports.</P> <P><STRONG>PUBLIC WORKS &amp; TOWNSHIPS 03-21-05</STRONG><BR>On November 15, 2004, the Board approved Resolution No. 04-35 providing for the installation of a gate on N 300 Road (Permanent Road Record No. 191) in Palmyra Township for a six (6) month period with the stipulation that if the road is declared minimum maintenance, the gate shall remain. The Board also agreed to take the position that installation of gates on roads should not be allowed unless the road has been declared "minimum maintenance" and directed staff to convey to the Planning Commission that minimum maintenance roads shall allow the installation of gates. The Palmyra Township Board, on behalf of Don Parr, requested permission for this gate and the Board initiated the process for declaring the road as "minimum maintenance" for the portion of N 300 Road beyond the gate. The Palmyra Township Board conducted a public hearing to accept comment regarding the "minimum maintenance" declaration and recommended not to pursue the declaration. Keith Browning, Director of Public Works/County Engineer, explained that it appears the property owner that originally requested the gate has abandoned his plans for its erection and is now pursuing development of the property under the 5 acre exemption to the County's subdivision regulations. Browning also explained that the next step in the process would require a recommendation from the Planning Commission if the County wishes to proceed.</P> <P>Michael Kelly, County Surveyor, noted that staff's definition of this road is a road of record not being traveled.</P> <P>Jones stated he believed this illustrates a number of bad policies and the Board needs to do something about the 5 acre exemption. He noted he believed it should be forwarded to the Planning Commission for their input.</P> <P>McElhaney made a motion to accept the recommendation received from Palmyra Township.</P> <P>Johnson noted concerns that if it is sent to the Planning Commission, it will be pushed aside because of the overall context of the rural subdivision and could be hung up for some time. Johnson recommended that representatives from Palmyra Township be invited to talk with the Board regarding this issue.</P> <P>McElhaney withdrew his motion. No action was taken.</P> <P>The Board directed staff to notify the nine (9) townships that they will no longer consider changes in status for township-maintained roads unless at least one township board member authorized to speak for the township board is present at the Commission meeting for discussion.</P> <P><STRONG>OUT-DISTRICT TUITION STATEMENTS 03-21-05</STRONG><BR>Jones made a motion to approve the nine (9) Out-District College Tuition Statements in the amount of $15,972. Motion was seconded by Johnson and carried with McElhaney opposed.</P> <P><STRONG>MISCELLANEOUS 03-21-05<BR></STRONG>At their meeting on March 16, 2005, the Board directed Craig Weinaug, County Administrator, to work out details with the City Manager regarding participation in a service that Aquila helped underwrite concerning a community housing assessment team. Weinaug confirmed the study included the other three (3) cities within Douglas County and that the cost would be $9,000 ($3,000 for the City, the County and Aquila). After discussion, Jones moved approval of the expenditure of $3,000 for the study; Johnson seconded and the motion carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 03-21-05</STRONG><BR>Johnson moved approval of accounts payable in the amount of $358,296.19 to be paid 03/21/05; accounts payable manual checks in the amount of $1,368.24; payroll in the amount of $622,193.94; and electronic funds transfers in the amounts of $44,757.50 for FICA and $41,410.63 for KPERS to be paid 03/18/05. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PUBLIC WORKS 03-21-05</STRONG><BR>Scott Chesbro appeared before the Board to discuss the Board's denial of a request received from Phil and Kerry Metsker for an entrance permit onto Route 1-E along the north side of the east arm of Lone Star Lake. No action was taken.</P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Jere McElhaney, Member<BR></P>

<P>Jones called the meeting to order at 8:32 A.M. on Monday, March 28, 2005 with two members present. McElhaney was absent. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 03-28-05</STRONG><BR>Johnson moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5308;</LI> <LI>Approve Resolution No. 05-16 granting a cereal malt beverage license to Clinton Store;</LI> <LI>Approve the low bid from Hutchinson Salt for the supply of 2,000 tons of highway de-icing salt at a total cost of $64,820;</LI> <LI>Accept the low bid for magnesium chloride from Scotwood Industries at a unit cost of $0.386 per gallon for the user fee dust palliative program; and</LI> <LI>Pull the item "Consider approval of Grant Proposal for Public Safety Computer equipment" for discussion.</LI></UL> <P>Motion was seconded by Jones and carried.</P> <P><STRONG>GRANTS &amp; EMERGENCY COMMUNICATIONS 03-28-05<BR></STRONG>The Board discussed a request for permission to proceed with a grant application to secure funds to improve dispatching capabilities that will benefit the emergency responders and citizens of Douglas County. Ron Olin, Chief of Police, was present for the discussion. Olin explained that the Lawrence Police Department is applying for an Edward Byrne Memorial Justice Assistance Grant in the amount of $22,000. The money must be spent on a project that benefits law enforcement and emergency responders for all of Douglas County. The grant requires the governing body of the benefitting county to give approval before the grant request can be submitted. The grant will not require matching funds or obligate Douglas County to spend any monies. If the grant is approved, the monies would be used to upgrade Computer Aided Dispatching. After discussion, Johnson moved approval of the request, seconded by Jones and carried.</P> <P><STRONG>PUBLIC WORKS, PARKS -- LONE STAR &amp; RESOLUTIONS 03-28-05<BR></STRONG>Keith Browning, Director of Public Works/County Engineer, presented a resolution amending the rules and Regulations of Lone Star Lake Park. Browning explained that since the Board entered into an agreement with the Kansas Department of Wildlife &amp; Parks, Lone Star Lake permits for fishing, boats and motors were no longer required, which necessitates the need to amend the rules and regulations. The Board made various changes to the resolution which will be approved at a later date. No action was taken.</P> <P><STRONG>ACCOUNTS PAYABLE 03-28-05</STRONG><BR>Johnson moved approval of accounts payable in the amount of $409,142.20 to be paid 03/28/05; comp payout payroll in the amount of $23,226.60; electronic funds transfers in the amounts of $1,777.47 for FICA and $741.79 for KPERS to be paid 03/25/05. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 03-28-05</STRONG><BR>At 8:50 A.M., Jones made a motion that the Board recess to go into executive session until 9:35 A.M. with Craig Weinaug, County Administrator; Ken McGovern, Sheriff, Ron Olin, Chief of Police, Bob Fairchild, Administrative Judge; and Linda K&#160;ster-Vogelsang, Court Administrator, to discuss matters relating to the security of the Judicial &amp; Law Enforcement Center. Motion was seconded by Johnson and carried. It should be noted that McElhaney was present via speaker phone for the executive session. At 9:30 A.M., Jones made a motion to extend the executive session until 10:00 A.M. Johnson seconded and the motion carried. The Board returned to regular session at 9:57 A.M. No action was taken.</P> <P>Johnson made a motion to adjourn; Jones seconded and the motion carried.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P> <P>&nbsp;</P>

<P>Jones called the meeting to order at 6:36 P.M. on Wednesday, March 30, 2005 with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 03-30-05</STRONG><BR>There were no consent items.</P> <P><STRONG>PUBLIC WORKS &amp; RESOLUTIONS 03-30-05<BR></STRONG>The Board considered approval of a Home Rule Resolution extending N 900 Road (Permanent Road Record #216). Keith Browning, Director of Public Works/County Engineer, explained that in 1996, the Board of County Commissioners enacted Charter Resolution No. 96-1-1 creating a benefit district for the purpose of financing the extension of N 900 Road westward a distance of 850 feet from its then western terminus. The distance of 850 feet was determined to provide public road frontage sufficient for eligibility for a building permit under the regulations in effect at the time for all properties included within the benefit district. The 850 foot road extension was subsequently constructed and residential building permits were issued for the two properties (owned by Gaston and Stuhlman) located along the south side of the extended road.</P> <P>The Board of County Commissioners' current policy requires a frontage of 250 feet along a public road to be eligible for a residential building permit. It should be noted that at the time the road was extended, only the westernmost 100 feet of the roadway provided public road frontage to the two westernmost pieces of property (Gaston and Paley properties). Ownership and boundaries of some of the properties involved in the benefit district have changed since the district was formed. The Ewert's tract has since been subdivided and the Paleys purchased the southerly portion.</P> <P>Evan Ice, County Counselor, prepared a home rule resolution which would extend the road right-of-way for N 900 Road an additional 150 feet thereby allowing all properties within the existing road benefit district the opportunity to be eligible for a building permit. This would be in keeping with the intent for which the benefit district was originally formed.</P> <P>After discussion, Jones moved approval of Home Rule Resolution No. HR-05-3-2 extending N 900 Road (Permanent Road Record No. 216). Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PUBLIC WORKS 03-30-05</STRONG><BR>The Board conducted a public hearing on Route 1055 improvements. Keith Browning, Director of Public Works/County Engineer, conducted a brief presentation. The referenced project is the replacement of the Route 1055 bridge approximately 3/4 mile south of Route 458 near the Cedar Hill Gun Club. In addition to replacing the bridge, the two roadway curves immediately south of the bridge would also be improved. Roadway improvements would include improved alignment meeting 55-mph design standards, 8' wide paved shoulders, and flatter frontslopes and backslopes. The project is scheduled for a January 2006 bid letting by the Kansas Department of Transportation (KDOT). This item was previously discussed on February 23, 2005 at a public hearing in Vinland. At that time, the estimated cost was $950,000 which would be split 80/20 federally/locally.</P> <P>Janet Williamson questioned why consideration wasn't given to the next curve beyond the second curve under consideration. This curve is approximately 1/4 mile south of the Gun Club and is a very bad corner with poor visibility from either side. Williamson noted several accidents in the past ten years.</P> <P>McElhaney stated he would be willing to take a look at that site with Browning and see if something could be done to improve safety.</P> <P>Dennis O'Brien noted this would be the second time this road had been moved. O'Brien, who has an ownership interest in the Gun Club was concerned about faster travel and safety aspects of the Gun Club once the road was relocated.</P> <P>Jones made a motion to close the public hearing; motion was seconded by Johnson and carried unanimously.</P> <P>Jones stated that he was inclined to move ahead with the project. </P> <P>Johnson and McElhaney also stated they were in favor of moving forward.</P> <P>Jones made a motion that staff be directed to move forward with Project No. 23C-3890-01 -- the replacement of Bridge No. 09.24-16.00 and roadway safety improvements. Motion was seconded by Johnson and carried unanimously.</P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P><BR>_____________________________&nbsp;_____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P>

<P>Jones called the meeting to order at 8:35 A.M. on Monday, April 4, 2005 with all members present. The Pledge of Allegiance was recited.</P> <P>Johnson moved approval of the minutes of March 9 and 14, 2005; motion was seconded by Jones and carried unanimously.</P> <P><STRONG>CONSENT AGENDA 04-04-05<BR></STRONG>Johnson moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5310. Order is on file in the Office of the County Clerk;</LI> <LI>Approve Resolution No. 05-17 amending the rules and regulations applicable to Lone Star Lake Park; and</LI> <LI>Approve the Lone Star Lake skiing dates as follows:</LI></UL> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>That skiing be allowed from 10:00 a.m. until 9:00 p.m. on Tuesday, Wednesday, and Thursday of each week between May 30th and July 23rd and also on the following dates:</P> <P>&nbsp;May&nbsp; 30 (Mon -- Memorial Day)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jul&nbsp;&nbsp;&nbsp;&nbsp; 3 (Sun)<BR>&nbsp;Jun&nbsp;&nbsp;&nbsp;&nbsp; 5 (Sun)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Jul&nbsp;&nbsp;&nbsp;&nbsp; 9 (Sat)&nbsp;<BR>&nbsp;Jun&nbsp;&nbsp; 11 (Sat)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jul&nbsp;&nbsp; 17 (Sun)<BR>&nbsp;Jun&nbsp;&nbsp; 19 (Sun)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;&nbsp;&nbsp; Jul&nbsp;&nbsp; 23 (Sat)<BR>&nbsp;Jun&nbsp;&nbsp; 25 (Sat)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; </P> <P>That skiing be allowed from 10:00 a.m. until 8:00 p.m. on Tuesday, Wednesday, and Thursday of each week between July 24th and September 5th and also on the following dates:</P> <P>Jul&nbsp;&nbsp;&nbsp; 31 (Sun)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Aug 20 (Sat)<BR>Aug&nbsp;&nbsp;&nbsp; 6 (Sat)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Aug 28 (Sun)<BR>Aug&nbsp; 14 (Sun)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Sep&nbsp;&nbsp; 5 (Mon — Labor Day)</P> <P>That skiing be allowed from 10:00 a.m. until 6:00 p.m. on the following dates:</P> <P>&nbsp;Sep&nbsp;&nbsp; 10 (Sat)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Sep&nbsp; 24 (Sat)<BR>&nbsp;Sep&nbsp;&nbsp; 18 (Sun)</P></BLOCKQUOTE> <P>Motion was seconded by Jones and carried unanimously.</P> <P>&#160;<STRONG>MISCELLANEOUS 04-04-05</STRONG><BR>The Board discussed a proposal to add elephants to the existing Douglas County Vicious Animal Ordinance and no longer exempt traveling circuses from the Ordinance. Judy Carman, Mary Prewitt and Ann Wilson, representing Animal Outreach of Kansas, and Midge Grinstead, Director of the Lawrence Humane Society, were present for the discussion. This matter was previously discussed on May 12, 2004.</P> <P>McElhaney stated that he'd had several conversations with members of the Fair Board, agricultural community, Bill Wood from the Extension Office, and Dr. Paul Grosdidier, DVM. McElhaney suggested that instead of banning exotic animals, there be more of a check and balance system in place which would require an application for a Conditional Use Permit (CUP) which would require fees, permits and a background check before traveling shows and/or acts could come into Douglas County. The certification process would include a veterinary check-off list to verify the immunizations are current and there haven't been any complaints regarding cruelty to the animals. This would be an extra burden on Grinstead and her staff, but there are only 2-3 shows per year that come into Douglas County. McElhaney noted the agricultural community would be very much in favor of this process since they believe it seems a little extreme to ban them. McElhaney pointed out that even domestic animals can be dangerous -- where do you draw the line1/2</P> <P>Jones suggested that some sort of fee be assessed in order to recover costs incurred by the Humane Society. </P> <P>McElhaney noted the CUP fee should capture those costs. </P> <P>Johnson stated he was more inclined to support this type of change, but was not willing to do so without proper public notification and discussion.</P> <P>Jones stated that while the CUP speaks to conditions, fees and sanctions, seizure of the animals should be taken into consideration. </P> <P>Grinstead noted there were no facilities equipped to handle these types of animals for seizure. Grinstead also stated that enforcement and cooperation would need to be worked out, such as who would assess the penalties, stop the show from leaving, etc. Lots of shows are brought in for fundraisers which can put her department in a tough position.</P> <P>Jones questioned whether a permit would be required for any show or just shows that include exotic animals.</P> <P>McElhaney responded that it would include any show except the Douglas County Free Fair.</P> <P>Wilson stated her concern was that some of these shows frequently change their names and might be hard to check up on. Her other concern was the fact that the purpose of the ordinance was to be proactive by not allowing the circuses to come into town with exotic animals, such as elephants, tigers, etc. This would not affect the 4-H or agricultural community since it has nothing to do with cattle, goats, pigs, etc. Wilson cited a recent event where a tiger got a hold of a young boy&nbsp;and had his head in its mouth at a local fairgrounds.</P> <P>Craig Weinaug, County Administrator, clarified there were two (2) proposals under consideration -- the first would be to ban exotic animals, the second would be to allow them through the CUP process. Weinaug suggested that the County Counselor prepare a draft resolution for circulation to be brought back to the Commission for consideration on a Wednesday evening agenda. No action was taken.</P> <P><STRONG>PUBLIC WORKS &amp; AGREEMENTS 04-04-05</STRONG><BR>Jones moved approval of an agreement with Johnson County, Kansas for the replacement of Bridge No. 05.83N-24.00 E located on E 2400 Road approximately 0.8 miles north of N 500 Road. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>ZONING &amp; RESOLUTIONS 04-04-05</STRONG><BR>Jones moved approval of Home Rule Resolution No. HR-05-4-3 providing for the temporary prohibition of the issuance of permits for the construction or placement of dwellings and mobile homes on certain lots. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>BUDGET 04-04-05</STRONG><BR>The Board discussed the 2006 budget process. No action was taken.</P> <P><STRONG>ACCOUNTS PAYABLE 04-04-05</STRONG><BR>Johnson moved approval of accounts payable in the amount of $873,447.96; accounts payable manual checks in the amount of $1,368.24; payroll in the amount of $632,481.32; electronic funds transfers in the amounts of $46,450.83 for FICA and $43,007.38 for KPERS to be paid 04/01/05; and authorize a letter to the Douglas County Treasurer authorizing the Treasurer to credit the account of Blue Planet, LLC in the amount of $90 against their delinquent taxes as authorized by state statute. Motion was seconded by Jones and carried unani mously.</P> <P><BR>Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Jere McElhaney, Member</P>

<P>The Board of County Commissioners of Douglas County, Kansas met in Special Session on Friday, April 8, 2005 with Commissioners Jones and Johnson present. Commissioner McElhaney was absent. Jones called the Special Meeting to order at 9:05 A.M. </P> <P>Jones made a motion to appoint former County Commissioner Dean Nieder to serve as a canvasser in the absence of Commissioner McElhaney; Johnson seconded and the motion carried.</P> <P>The purpose of the Special Meeting was to canvass the results of the City/School General Election which was held on Tuesday, April 5, 2005.</P> <P>Will Grammer expressed concerns regarding the reporting of the results on television towards the end of the evening.</P> <P>Jamie Shew, County Clerk, explained that towards the end of the evening, the City's larger precincts came in which made the results seem to jump quickly.</P> <P>Shew then reported there were 272 provisional ballots and made the following recommendations:</P> <P></P> <P>Recommend to Count</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>Change of Address --&nbsp;95<BR>Advance mailed, but not returned --&nbsp;9<BR>Name Change --&nbsp;7<BR>Pollworker or Clerk's Error --&nbsp;16<BR>Wrong Precinct -- all races same --&nbsp;35<BR>Wrong Precinct -- not all races same --&nbsp;10<BR>Voter Error --&nbsp;13<BR>Total --&nbsp;185</P></BLOCKQUOTE> <P>Recommend Not to Count</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>Not Registered in Douglas County --&nbsp;32<BR>No ID Provided --&nbsp;4<BR>Voter Error --&nbsp;4<BR>No Signature on Advanced Mail Ballot Envelope --&nbsp;46<BR>Advanced Voter Deceased Prior to Election Day --&nbsp;1<BR>Total --&nbsp;87</P></BLOCKQUOTE> <P>Johnson made a motion to count the one hundred eighty-five (185) provisional ballots as recommended by Shew. Motion was seconded by Jones and carried unanimously.</P> <P>It should be noted that after the additional ballots were counted, the election outcome was not changed.</P> <P>No errors were found.</P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P></P> <P>_____________________________ _______________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _______________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Dean Nieder</P> <P><BR></P>

<P>Johnson called the meeting to order at 6:36 P.M. on Wednesday, April 6, 2005 with two members present. Commissioner Jones was absent. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 04-06-05</STRONG><BR>There were no items on the Consent Agenda.</P> <P><STRONG>PUBLIC WORKS &amp; RESOLUTIONS 04-06-05</STRONG><BR>On December 15, 2004, the Board adopted Home Rule Resolution No. 04-12-3 creating the Hesper Charter Road Improvement District in Douglas County, Kansas. Keith Browning, Director of Public Works/County Engineer, explained that the resolution required that an Engineer's Report on the nature and cost of the proposed road improvements was filed with the County Clerk on January 20, 2005. The Resolution also dictated a 30-day protest period following the filing of the Engineer's Report and no protest petitions were received during this period. Browning stated that the Board now needs to convene as the Board of Directors of the Hesper Charter Road Improvement District, conduct a public hearing, and determine whether or not the proposed road improvement project should proceed. In addition, the Board needs to finally determine the method of assessing properties within the District for the proposed road improvements. Browning presented a resolution prepared by Evan Ice, County Counselor, and J&#160; Norton, the County's Bond Counsel, declaring the proposed improvements are advisable and should proceed. The resolution also sets forth the method of assessing property within the District for those improvements.</P> <P>The Board convened as Board of Directors of Hesper Charter Road Improvement District. Johnson asked for public comment. No comments were received and Johnson made a motion to close the public hearing. Motion was seconded by McElhaney and carried.</P> <P>Johnson made a motion to approve Resolution No. 05-18 setting out the findings and determinations of the Board of Directors of Hesper Charter Road Improvement District, Douglas County, Kansas, as heretofore organized by Board of Douglas County Commissioners Resolution No. HR-04-12-3 (the "District"), ordering the contracting for and construction of certain road improvements to roads located within the District, and finding that the costs thereof shall be paid through special assessments levied on the real estate within the District. Motion was seconded by McElhaney and carried.</P> <P>Johnson then moved approval to authorize the Director of Public Works/County Engineer to move forward with solicitation of bids for the road improvements; McElhaney seconded and the motion carried.</P> <P>McElhaney made a motion that the Special Board adjourn; Johnson seconded and the motion carried.</P> <P><STRONG>PLANNING 04-06-05<BR></STRONG>The Board considered Item No. 6 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated March 16, 2005. This item is CUP-01-02-05: Conditional Use Permit request for Prairie Moon School, a private school to include an early childhood program and elementary grades program. The property is located at 1853 E 1600 Road and contains approximately 6.4 acres. Submitted by The Waldorf Association of Lawrence, applicant, and Grant Township, property owners of record. Sandra Day, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. This item comes to the Board with a unanimous recommendation for approval based on the following Findings of Fact:</P> <P><STRONG>Zoning and uses of property nearby.</STRONG> The surrounding area is zoned for and used for agricultural activities. The property is developed with an existing facility previously used for elementary education. The Building is currently used for Township activities.</P> <P><STRONG>Character of the area.</STRONG> The subject property is the unincorporated portion of Douglas County. The surrounding area is undeveloped and used for agricultural production.</P> <P><STRONG>Suitability of subject property for the uses to which it has been restricted. </STRONG>The proposed use will not alter the base zoning district. The proposed use will re-use an existing elementary facility. The subject property is suitable for education and childcare type uses.</P> <P><STRONG>Length of time subject property has remained vacant as zoned.</STRONG> The property is developed with an existing (unused) elementary facility. The property has been zoned for Agricultural uses since 1966 and is currently used for Township activities.</P> <P><STRONG>Extent to which removal of restrictions will detrimentally affect nearby property.</STRONG> The proposed use will not alter the base zoning district. The proposed use is located within an existing agricultural area and is proposed as a re-use of an existing elementary facility.</P> <P><STRONG>Relative gain to the public health, safety and welfare by the destruction of the value of the petitioner's property as compared to the hardship imposed upon the individual landowners.</STRONG> Approval of the request will expand childcare options within the community and provide for an alternative education experience.</P> <P><STRONG>Conformance with <EM>The Comprehensive Plan</EM>.</STRONG> The proposed request utilizes existing building space originally designed as an educational facility. The proposed request is consistent with the general principals of <EM>Horizon 2020</EM> outlined above.</P> <P>AND subject to the following conditions:</P> <P>&nbsp;1.&nbsp;Provision of a copy of the approved license from the Douglas County Health Department prior to operation of the preschool/childcare facility;<BR>&nbsp;2.&nbsp;Provision of a letter stating changes in administration, addition of classrooms and/or addition of an outdoor play yard to Planning Staff for review prior to changes; and<BR>&nbsp;3.&nbsp;Provision of a revised site plan to include the following notes and information:<BR>&nbsp;&nbsp;a)&nbsp;Show exterior play yard and fence detail per staff approval;<BR>&nbsp;&nbsp;b)&nbsp;Provision of a note that states: "Maximum student occupancy shall not exceed 90 students without additional site plan review;" and<BR>&nbsp;&nbsp;c)&nbsp;Provision of a note that states: "The Conditional Use Permit will be re-evaluated by the County Commission in 2015. Continuation of the use covered by this CUP beyond 2015 will require the applicant to request a new CUP."</P> <P>After discussion, McElhaney made a motion to approve CUP-01-02-05 based on the above Findings of Fact and subject to the above conditions. Motion was seconded by Johnson and carried unanimously.</P> <P>McElhaney made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp; Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_____________________________<BR>Jamie Shew, County Clerk&nbsp;</P>

<P>Jones called the meeting to order at 8:32 A.M. on Monday, April 11, 2005 with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 04-11-05</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5311. Order is on file in the office of the County Clerk;</LI> <LI>Pull the item "Consider approval of acquisition of a vehicle for Community Corrections" for discussion; and</LI> <LI>Approve the purchase of five (5) patrol vehicles from Shawnee Mission Ford in the amount of $105,200 and authorize staff to sell vehicles being disposed of on eBay.</LI></UL> <P>Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>COMMUNITY CORRECTIONS &amp; PURCHASING 04-11-05<BR></STRONG>The Board discussed the acquisition of a vehicle for Douglas County Community Corrections. In November 2004, the Board approved an application for Douglas County Community Corrections FY 2004 Unexpended Funds for the purchase of a vehicle for staff to use primarily for surveillance. Funds in the amount of $14,000 were issued for this purpose. Ron Stegall, Director of Community Corrections, expressed his desire to purchase a used Chevrolet Malibu, which meets both the needs and cost of his department. Stegall explained they currently drive a Ford Taurus and have experienced high maintenance issues with this vehicle. Johnson and McElhaney questioned whether it would be beneficial to purchase a new vehicle instead of a used vehicle. After discussion, Jones made a motion to authorize the purchase of one (1) 2005 Ford Taurus at a total cost not to exceed $14,000. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>PLANNING 04-11-05<BR></STRONG>The Board considered Item No. 5 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated March 16, 2005. This item is CUP-01-01-05: Conditional Use Permit request for re-approval of a truck/storage facility. The property is located at 1622 E 1550 Road and contains approximately 3.389 acres. Submitted by Paul Werner Architects for Wesley R. Kabler, property owner of record. Sandra Day, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. This item comes to the Board with a unanimous recommendation for approval based upon the following Findings of Fact:</P> <P><STRONG>Zoning and uses of property nearby.</STRONG> The area is located on the east side of N. 9th Street on the fringe of the City. It is within the city's urban growth area; it is zoned A (Agricultural) to the north, south and east of the subject property and the predominate land use is agricultural. A farm operation is located southeast of the subject property. A non-conforming commercial/entertainment use is located immediately adjacent to the subject property to the north.</P> <P><STRONG>Character of the area.</STRONG> The subject property is located along N. 9th Street, a boundary line road in North Lawrence. To the west, within the City, the area is an older residential neighborhood. The subject property is contiguous to the city limits of Lawrence and is within "Service Area 2" of the "Urban Growth Boundary" for the City of Lawrence. The predominate land use is agricultural in three directions. Other land uses along the east side of N. 9th Street include large farm tracts, Astaris [Former FMC plant], and Century Homes located further to the north.</P> <P><STRONG>Suitability of subject property for the uses to which it has been restricted.</STRONG> The property lies within the Urban Growth Area of the City of Lawrence. Sanitary sewer service to this property is not available at this time. Its development in the County should not preclude the observation that it is adjacent to an established residential neighborhood in Lawrence. For this reason, the site plan for the proposed use should include a screening &amp; noise buffer along the west property line to provide a degree of separation between the residences to the west and the more intensive, industrial-nature land use proposed.</P> <P><STRONG>Length of time subject property has remained vacant as zoned.</STRONG> The subject property is currently vacant. The property was previously developed with a 1,045 SF residence and several outbuildings, built around the 1920s. The residence was removed in 1999, according to Douglas County Appraisal records. The County Zoning was adopted in 1966, this property has been zoned "A" (Agricultural).</P> <P><STRONG>Extent to which removal of restrictions will detrimentally affect nearby property.</STRONG> Approval of the CUP will provide a needed location for this type of "industrial use" on the fringe of the city. It will specifically benefit the immediate neighborhood by providing an enclosed facility for storage within the neighborhood. Screening, to reduce visual &amp; noise impacts on residential properties to the west, can and should be provided. The proximity of this use along a boundary line road to the City makes it reasonable to request the execution of an agreement not to protest the formation of future street and sidewalk improve ments along N. 9th Street. [This agreement should be written so that it takes effect only when/if the property is annexed into the City of Lawrence during the lifetime of the CUP.]</P> <P><STRONG>Relative gain to the public health, safety and welfare by the destruction of the value of the petitioner's property as compared to the hardship imposed upon the individual landowners.</STRONG> There is no specific relative gain or detriment to the public's health, safety and welfare by the development of this use as a Conditional Use Permit. The underlying A (Agricultural) zoning remains unchanged. In this case, the city cannot provide full City services to the site at this time. It is reasonable and in conformance with the Comprehensive Plan of Lawrence and Douglas County to require an annexation agreement be executed. Such agreement could stipulate mutually acceptable terms for the timing of annexation.</P> <P><STRONG>Conformance with <EM>The Comprehensive Plan</EM>.</STRONG> The <EM>Comprehensive Plan</EM> supports the retention of industrial uses and limited expansion of existing industrial districts outside of an urban area. A Conditional Use Permit can be used to allow specific non-residential uses subject to approval of a site plan. This tool allows proportional development in harmony with the surrounding area. As recommended by <EM>Horizon 2020</EM>, the proposed request is, in the short term, consistent with T<EM>he Comprehensive Plan</EM>. As a more detailed study of industrial locations is completed for the unincorporated area, the longevity of the appropriateness may be revised.</P> <P>AND subject to the following conditions:</P> <P>1. Execution of an agreement not to protest the formation of a benefit district for street and sidewalk improvements for N 9th Street; [This agreement shall be written so that it takes effect only when/if the property is annexed into the city of Lawrence during the lifetime of this CUP.]<BR>2. Provision of a revised site plan to correct the approval comments that refer to issuance of a building permit. As follows: "The Conditional Use Permit will be re-evaluated by the County Commission 2015. Continuation of the use covered by this CUP beyond (2015) will require the applicant to request rezoning or approval of a new CUP.</P> <P>Jones questioned the CUP review process. He stated his understanding was that in the past, the Board approved CUP's for 10 years with a 5-year review. Day noted she did not believe that was staff's understanding. Jones requested that staff look into this matter stating he wanted to make sure the Board was consistent. </P> <P>McElhaney asked why the property would be annexed into the City. Day responded that it would allow easier facility of road improvements, etc. </P> <P>Paul Werner, Paul Werner Architects, spoke on behalf of the applicant. Werner stated that the applicant has no desire to be annexed into the City and d&#160;sn't believe it can be a requirement. </P> <P>Johnson made a motion to approve CUP-01-01-05 based upon the above Findings of Fact and subject to the following revised condition:</P> <P>1. Provision of a revised site plan to correct the approval comments that refer to issuance of a building permit. As follows: "The Conditional Use Permit is approved for a 10-year period with a 5-year interim review after the first 5 years.</P> <P>Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PLANNING 04-11-05</STRONG><BR>The Board considered SP-03-22-05: Keys Landscape, a site plan for the construction of an office building located at 1722 E 1500 Road. Submitted by Peridian Group, Inc. for David A. Vaughn, property owner of record. Lisa Pool, staff member of the Lawrence-Douglas County Metropolitan Planning Department, was present for the discussion. Pool recommended approval of the site plan subject to the following conditions:</P> <P>1. The provision of an inspection report by the Lawrence-Douglas County Health Department prior to the site plan being released to the County Zoning Administrator for approval.<BR>2. The provision of construction and building permit applications for the conversion of the office in the existing building.<BR>3. Revision of the site plan to indicate the following:<BR>a) The addition of one accessible parking space to the parking area.<BR>b) The widening of the driveway to a minimum of 30-feet wide.<BR>c) The addition of a parking summary.<BR>d) The indication of two outdoor storage areas -- one near the existing grain silo and one near the southernmost shed.<BR>e) The addition of a note, which states that all outdoor storage of landscaping materials will be screened from public view.<BR>f) The revision of General Note #7 to state the following: "The site plan and office building meet ADAAG Standards, Appendix A to 28 CFR, Part 36."</P> <P>After discussion, Jones made a motion to approve SP-03-22-05 subject to the above conditions. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PUBLIC WORKS 04-11-05</STRONG><BR>On March 21, 2005, the Board tabled consideration of requesting a recommendation from the Planning Commission to declare a portion of N 300 Road as "minimum maintenance" until a member of the Palmyra Township Board was present for the discussion. Keith Browning, Director of Public Works/County Engineer, explained that the Palmyra Township Board has recommended that the declaration of "minimum maintenance" not be pursued. The next step in this process would be to direct staff to prepare a resolution requesting a recommendation from the Planning Commission regarding the proposed declaration or determine not to pursue "minimum maintenance" designation. Rex Hagerman, Palmyra Township Trustee, and Don Parr, property owner, were present for the discussion. </P> <P>Jones stated he would vote in favor of pursuing the "minimum maintenance" declaration. </P> <P>Don Parr, 2104 N 304 Road, stated that his original request to place a gate on this unimproved public road was to keep people from burglarizing his property. Parr also stated that he felt the public road was of value to him and that he understood that it would be his burden to bring the road up to County standards should he intend to use it. Parr did not want to pursue the "minimum maintenance" declaration.</P> <P>Jones stated he believed that the road is unimproved, is not used by the public and should be declared "minimum maintenance." Jones noted in addition that Parr's plans to sell parcels for residential construction using the 5 acre exemption to the County's subdivision regulations violated the spirit of the 5 acre exemption. Jones noted that he believed that land use density of this nature ought to be platted and rezoned.</P> <P>Johnson stated he was inclined to proceed with requesting a recommendation from the Planning Commission.</P> <P>McElhaney stated for the record that the most of the lots in the proposed survey were well over 5 acres.</P> <P>After discussion, Jones made a motion that staff be directed to prepare a resolution requesting a recommendation from the Planning Commission regarding the proposed declaration. Motion was seconded by Johnson and carried unanimously.</P> <P>Parr stated for the record that turning this road into a "minimum maintenance" road has nothing to do with any recommendations from Palmyra Township or from the County Engineer -- it's solely to prevent Mr. Parr from developing his land. Parr also stated for the record that Jones tore his plat into shreds.</P> <P>Craig Weinaug, County Administrator, stated for the record that Jones always shreds the backup documentation and that Parr was characterizing Jones' actions incorrectly.</P> <P><STRONG>PURCHASING 04-11-05<BR></STRONG>The Board discussed proposals received for a document management/imaging system for the County. Jackie Waggoner, Purchasing Agent, was present for the discussion. After discussion, Jones made a motion to grant Pam Madl, Assistant County Administrator, the authority to execute a contract accepting the negotiated proposal for document management consulting services submitted by BV Solutions Group in the amount of $52,875 plus travel expenses. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>ISSUES &amp; OBJECTIVES 04-11-05</STRONG><BR>The Board reviewed the County Administrator's Issues and Objectives Report. No action was taken.</P> <P><STRONG>ACCOUNTS PAYABLE 04-11-05<BR></STRONG>Jones moved approval of accounts payable in the amount of $131,176.06 to be paid 04/11/05; motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>APPOINTMENTS 04-11-05<BR></STRONG>Jones made a motion to appoint Linda E. O'Donnell, Lawrence, Kansas, and Roberta A. Spires, Lawrence, Kansas, to the Lawrence-Douglas County Advocacy Council on Aging for three-year terms which shall expire on December 31, 2007. Motion was seconded by Johnson and carried unanimously.</P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P></P> <P>_____________________________ _____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P>

<P>Jones called the meeting to order at 8:33 A.M. on Monday, April 25, 2005 with all members present. The Pledge of Allegiance was recited.</P> <P>Johnson moved approval of the minutes of March 16, March 21, March 28, March 30, April 4, and April 8, 2005, as amended. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PROCLAMATION 04-25-05</STRONG><BR>Annette Thornburgh, representing the Jayhawk Area Agency of Aging, read a Proclamation proclaiming the month of May as "Older American's Month." Jones made a motion to adopt the Proclamation as read; Johnson seconded and the motion carried unanimously.</P> <P><STRONG>PROCLAMATION 04-25-05</STRONG><BR>Peggy Wallert, representing Cottonwood, Inc., read a Proclamation proclaiming April 29, 2005 as "Direct Service Professional's Day." McElhaney made a motion to adopt the Proclamation as read; Johnson seconded and the motion carried unanimously.</P> <P><STRONG>CONSENT AGENDA 04-25-05</STRONG><BR>Johnson moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5314. Order is on file in the Office of the County Clerk;</LI> <LI>Authorize Notice to Willow Springs for Aman Enterprises, d/b/a Baldwin Junction Conoco; and</LI> <LI>Waive the bidding process of the Purchasing Policy and authorize the purchase of one (1) used dozer to replace the existing 1950 model for the Public Works Department, and authorize the existing model to be considered for a trade-in allowance or sold on e-Bay.</LI></UL> <P>Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 04-25-05</STRONG><BR>The Board considered approval of a request submitted on behalf of the Lawrence-Douglas County Economic Development Board (ED Board) for direction from the County Commission on various industrial development and open space issues. Lynn Parman, Vice President of Economic Development, was present for the discussion. Parman requested direction to research, develop and recommend a plan for implementation to the City and County regarding the following issues:</P> <OL> <LI>As aided and informed by the ECO2 report and formula for evaluation tool, how much acreage d&#160;s the ED Board recommend is needed for industrial development between now and 2012;</LI> <LI>Identification and ranking of potential areas where industrial development should occur between now and 2012, along with the Board's underlying rationale;</LI> <LI>Prioritization of development sequence or phasing of that potential industrial acreage;</LI> <LI>Infrastructure issues related to that potential industrial development (particularly wastewater treatment and roads); and</LI> <LI>Ranking of open-space opportunities for each identified potential industrial site -- as is consistent with the goals of ECO2 -- and priority sequencing or phasing and costs of realizing such open-space opportunities.</LI></OL> <P>Jones stated that he believed the ED Board should be the central player. They are is willing to take on this challenge and will look into the questions and return to the commissions with recommendations. At that time, the City and County will need to seriously consider making commitments to extend or provide infrastructure, improve roads, etc.</P> <P>McElhaney questioned the time frame. Parman stated that she believed it would take a couple of months to complete the tasks.</P> <P>McElhaney noted that he would like to see something before the budget process starts in case any funds would need to be put into this.</P> <P>Jones stated that the goal is to know the answers to the questions in May and conduct a joint meeting some time in June.</P> <P>Johnson stated that he believed the challenge is the fact that we have too many strengths which can quickly become weaknesses if we don't capitalize on them -- we need to recognize our potentials.</P> <P>Lavern Squier, President and CEO of the Lawrence Chamber of Commerce, noted that we need to capitalize on K-10 and I-70.</P> <P>Jones then made a motion to advance the above questions to the ED Board on the County Commission's behalf. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>COMMUNITY CORRECTIONS 04-25-05<BR></STRONG>The Board considered approval of Douglas County Community Corrections FY 2006 Comprehensive Plan. Ron Stegall, Director of Community Corrections, was present for the discussion. After discussion, Johnson moved approval of the Comprehensive Plan; Jones seconded and the motion carried unanimously.</P> <P><STRONG>PUBLIC WORKS 04-25-05<BR></STRONG>The Board discussed improvements to E 600 Road near Clinton. Keith Browning, Director of Public Works/County Engineer, explained that the Clinton Lake office of the Army Corps of Engineers (AC&#160;) has requested the surfacing or stabilizing of E 600 Road between N 1200 Road (Douglas County Route 4) and the AC&#160; property line at West Bloomington Park. This 1577 foot section of E 600 Road is currently maintained by Clinton Township and is surfaced with unstabilized crushed rock. Route 4 is chip sealed as is the roadway within West Bloomington Park. The AC&#160; has indicated that many visitors avoid using the facilities at West Bloomington Park due to the dust generated from the gravel portion of E 600 Road. Browning recommended adding 4 inches of aggregate base and stabilizing the base using a product called Earthbind. This product is "user friendly" in that it washes off vehicles and has very low toxicity. It has been used to stabilize roads with heavy truck traffic, e.g. quarry and mining roads, with good results. In addition, the supplier is willing to provide free of charge a substantial portion of the material required for this project. </P> <P>It is estimated that the material and equipment rental cost for this work would be $15,927 without any donation of material from the supplier. The supplier has indicated they will donate 3000 gallons of the total 4857 gallons of diluted product mix needed for the project. This would lower the total cost for material and equipment rental to approximately $12,600. This cost includes delivery of the AB-3 crushed rock base material to the site.</P> <P>It is expected that a topical application of Earthbind or a routine dust palliative will be needed annually for the first couple years after stabilizing the base. Thereafter, it is anticipated the need for palliative application would likely be reduced. Alternatively, the stabilized base could be primed and double chip sealed as part of the County's annual contract at an approximate cost of $7,200. The cost of adding base rock, priming and double chip sealing this road section by contract is estimated to be approximately $31,000.</P> <P>Following base stabilization it is recommended that Douglas County rather than Clinton Township maintain this portion of E 600 Road. Browning suggested that these improvements be paid from the Capital Improvement Program. </P> <P>After discussion, Jones moved approval to proceed with base stabilization improvements to E 600 Road between N 1200 Road (Route 4) and the AC&#160; property line at West Bloomington Park and to fund the improvements from the Capital Improvement Program. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PUBLIC WORKS 04-25-05</STRONG><BR>The Board considered approval of a Contract for Engineering Services for the replacement of Route 442 Bridge over Captain Creek -- Project No. 23 C-4121- 01. Keith Browning, Director of Public Works/County Engineer, explained that the referenced project involves the replacement of Bridge No. 14.00N-23.66E on Route 442 (old K-10) approximately 0.34 miles west of the Johnson County line. The project is on the county's five-year plan for federal funding and is scheduled for a KDOT bid letting in January 2007. Federal funds will cover 80% of the construction costs, but the total cost of engineering design services is the responsibility of Douglas County. Purchasing policy procedures were followed to select the consulting firm of HNTB (Overland Park, KS) to perform the engineering design services for this project. The contract is a cost-plus-net-fee contract with a not-to-exceed cost of $89,972. The not-to-exceed cost includes $14,000 for a required geotechnical study by Terracon, a subconsultant. In addition to engineering design and geotechnical study, the not-to-exceed cost includes $2,709 in construction phase services including review of falsework plans, load rating the completed bridge, and completing a new Structure Inventory and Appraisal form for the completed bridge as required by FHWA and KDOT.</P> <P>In addition to replacing the existing bridge (total bridge length = 150 feet) the project will likely entail widening the rock cut just west of the bridge to allow construction of shoulders. Currently, there is adequate roadbed to construct shoulders east of the bridge and west of the crest just west of the bridge. </P> <P>The current construction cost estimate for the project is $734,000. This is significantly higher than the original estimate of $445,000 indicated on the five-year plan for federally funded projects. The original estimate did not include any grading work for the approach roadways and also underestimated the cost of the bridge itself. The five-year plan is to be updated this spring and the estimated construction cost will be revised.</P> <P>After discussion, Johnson made a motion to approve the contract with HNTB for engineering services at a not-to-exceed cost of $89,972 for the replacement of the Route 442 bridge over Captain Creek, KDOT Project No. 23 C-4121-01. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PUBLIC WORKS 04-25-05<BR></STRONG>The Board considered Project Scope Addition for Project No. 23 U-1956-01 -- Replacement of Route 438 (Kasold) Bridge Over Kansas Turnpike. Keith Browning, Director of Public Works/County Engineer, was present for the discussion. The referenced project is funded by the City of Lawrence (providing 80% federal funding for construction), the KTA (providing 58% of 20% local match plus 58% engineering costs), and Douglas County (providing 42% of 20% local match, 42% engineering costs, and 100% right-of-way and utility relocation costs). The last cost estimated provided to the Commission in July 2004 indicated Douglas County's total project cost estimate to be approximately $301,000. </P> <P>Since the July 2004 estimate, an issue was raised concerning the existing 14' span x 8' high reinforced concrete box (RCB) culvert north of the bridge. The RCB was constructed in 1955 and extended in 1969. The original plan was to further extend this RCB due to the necessary raising of the road profile over the RCB. In preparing plans for the RCB extension, the consultant (PEC) discovered that the top slab of the RCB was exhibiting structurally related cracking and that the placement of additional fill over the RCB would require constructing a new slab over the existing top slab of the RCB. It was estimated that strengthening and extending the existing RCB would cost $141,300 with the County's cost totaling $11,870.</P> <P>In February 2005 PEC submitted a report on the hydraulics associated with the existing 14' X 8' RCB under Kasold north of the KTA bridge. The report was initiated by KTA's concern of the effect of this RCB on the turnpike. This RCB is immediately downstream of another 14' x 8' RCB under the turnpike. The RCB under Kasold greatly effects the flow capacity of the RCB under the turnpike since the "headwater" upstream of the Kasold RCB becomes the "tailwater" of the RCB under the turnpike. When the headwater for the Kasold RCB is high, then the flow carrying capacity of the turnpike RCB is severely diminished. The study determined that due to the effect of the existing RCB under Kasold, the RCB under the turnpike lacks capacity to pass the required 50-year storm without overtopping the turnpike.</P> <P>PEC has updated the Kasold bridge plans to include total replacement of the RCB north of the bridge. The replacement structure is a Triple -10' x 8' x 243' long RCB. It is estimated replacing the RCB will add approximately $361,200 to the total construction cost. It would increase Douglas County's project cost by approximately $30,000. This would be a good deal for the County since we are getting a 50-year old RCB replaced with a significantly larger RCB for a relatively small cost to the County.</P> <P>In addition, PEC is requesting approval of an addendum to their contract to account for the additional engineering required for the replacement of the RCB. Their original contract was for $124,000, and they are requesting an additional $16,000 for a total design cost of $140,000. This is very reasonable at about 5% of estimated construction cost. Since the KTA and Douglas County are sharing the engineering costs 58% to 42%, Douglas County's additional cost is $6,720. </P> <P>Jones made a motion to approve the additional project scope to include replacing the existing 14' x 8' RCB north of the bridge for Project No. 23 U-1956-01, the replacement of the Route 438 (Kasold) bridge over the Kansas Turnpike and approve an addendum to design consultant PEC's contract to include the RCB replacement and increase the fees by $16,000 (from $124,000 to $140,000) for which Douglas County is responsible for $6,720; and approve the increase of the CIP project allocation from $301,000 to $343,000. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>APPOINTMENTS 04-25-05</STRONG><BR>McElhaney noted the resignation of Bruce Ausherman as Treasurer of Willow Springs Township and made a motion to appoint Suzanne Evinger, 552 E 1000 Road, Baldwin City, KS, to serve in Ausherman's place. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>ZONING 04-25-05</STRONG><BR>The Board discussed a text amendment to Article 26 of the Zoning Regulations. Keith Dabney, Director of Zoning and Codes, noted there have been several recent issues involving the discrepancy between the Zoning Regulation six months building permit limitation and the building codes time specification. Dabney also noted the current fee schedule as contained in the Zoning Regula tions is also out of date. </P> <P>Jones requested that staff prepare a redlined document so the changes could be easily tracked. No action was taken.</P> <P><STRONG>ACCOUNTS PAYABLE 04-25-05</STRONG><BR>Johnson moved approval of accounts payable in the amount of $393,612.76 to be paid 04/25/05; and accounts payable manual checks in the amount of $576.58. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>APPOINTMENTS 04-25-05</STRONG><BR>Johnson made a motion to reappoint John Pendleton, Lawrence, Kansas and Larry McElwain, Lawrence, Kansas to the ECO2 Board for four (4) year terms. Motion was seconded by Jones and carried unanimously.</P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P>_____________________________&nbsp;_____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Jere McElhaney, Member</P>

<P>Jones called the meeting to order at 8:34 A.M. on Monday, May 2, 2005 with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 05-02-05<BR></STRONG>Johnson moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5315 and 5316. Orders are on file in the Office of the County Clerk; and</LI> <LI>Approve Resolution No. 05-19 requesting a recommendation concerning the designation of a portion of N 300 Road as "minimum maintenance."</LI></UL> <P>Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 05-02-05</STRONG><BR>The Board considered approval of a request from ECO2 for operating funds to be split with the City of Lawrence. Roxanne Miller, Chair of the ECO2 Board, was present for the discussion. Miller explained that the total requested budget is $25,000 which would be split between the City of Lawrence and Douglas County. Miller noted that the Chamber of Commerce is willing to take care of the allocations should the City and the County wish to fund the monies directly to the Chamber.</P> <P>Jones stated he was impressed with the accomplishments of ECO2.</P> <P>Johnson also complimented the board noting he believed the money will be well spent.</P> <P>McElhaney also praised the work accomplished by ECO2, but expressed concerns about the budget being doubled. McElhaney questioned whether the board had explored the possibilities of utilizing other avenues or programs already in place where funding monies and mechanisms are already there such as the City's or County's information technology departments, mapping services, etc. McElhaney also expressed concerns about this becoming a permanent part of the County's budget noting that he didn't want ECO2 to become an academic exercise -- it should be tangible and put into place. </P> <P>Miller explained that she understood that the mapping capabilities needed were beyond the capabilities of the GIS Department. She stated it was the Board's hope to guide future decisions on business parks and open spaces and to get a clear idea of what the public will support.</P> <P>Jones stated he believed this represents a fairly small investment and is money well spent. Jones then made a motion to approve the commitment of $12,500 from the County to be matched by the City and directed ECO2 to return to the Commission in July with a budget request. Motion was seconded by Johnson and carried with McElhaney opposed.</P> <P><STRONG>PLANNING 05-02-05</STRONG><BR>The Board considered Item No. 9 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated December 15, 2004. This item is CUP-10-04-04: Conditional Use Permit request for a communication tower. The property is located at 1694 N 1748 Road. Submitted by Selective Site Consultants, Inc., for Verizon Wireless. Walters Farms, LLC, is the property owner of record. Sandra Day, staff member of the Lawrence-Douglas County Metropolitan Planning Department, and Trevor Wood, Selective Site Consultants, were present for the discussion. This item was tabled by the Board on January 10, 2005, with a request that the applicant provide documentation regarding attempts to co-locate. </P> <P>Jones questioned whether there was any capacity to analyze the information independently or if staff was taking the applicant's word regarding technical interference and attempts to co-locate. Jones also noted there was no documentation provided from Dobson Wireless indicating their refusal to allow co-location.</P> <P>Day responded that the Planning Department d&#160;s not have the professional staff on board to make these assessments. </P> <P>Wood explained that locating a Verizon "A" Channel cell on the K-70 West Tower would cause technical interference as it would be tantamount to allowing two radio stations to broadcast different, competing messages within the same frequency at the same place and at the same time. Because Verizon d&#160;s not own the "A" Channel Cellular License in Leavenworth County and this portion of Leavenworth County is served by Dobson Cellular, Verizon needs Dobson Cellular's permission to construct a site. Because of the technical interference that will arise, Dobson will not allow Verizon's use of the K-70 West Tower as an "A" Channel cellular site. For the same reason (technical interference), Verizon d&#160;s not wish to construct an "A" Channel site on the K-70 West Tower. Wood also stated that he has made a good faith effort to co-locate. Wood noted he asked Chris Corey, Dobson Cellular's RF Engineer, for documentation regarding their refusal to allow co-location, but received no response.</P> <P>Jones suggested that the application fees be set so that an independent consultant can be hired. Jones questioned whether the wireless companies received more monies for building new towers versus co-locating. Wood responded that the wireless companies receive the same amount of monies either way.</P> <P>Jones stated he would like to contact Mr. Corey in order to satisfy his own curiosity about his refusal to respond. No action was taken.</P> <P><STRONG>TELEPHONES &amp; AGREEMENTS 05-02-05</STRONG><BR>The Board discussed the need to upgrade the telephone and voice mail system. Pam Madl, Assistant County Administrator, explained that the equipment and software that is currently used will no longer be supported by the original manufacturer. Requests for Proposals were issued for an upgrade for the telephone system and replacement of the voice mail system. Madl recommended that the Board approve the proposal submitted by SKC Communications in the amount of $52,875.42. Funds are available in the Equipment Reserve Fund for the equipment expense and in the General Fund for the maintenance costs. </P> <P>After discussion, Johnson made a motion to approve the proposal submitted by SKC Communications in the amount of $52,875.42. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PARKS -- LONE STAR 05-02-05</STRONG><BR>The Board discussed No Wake Regulations at Lone Star Lake. Jones stated he had received e-mails from individuals that had been fishing at the lake complaining about the no wake sign being removed. Keith Browning, Director of Public Works/County Engineer, suggested the Board may want to look at not allowing skiing at the lake. Browning also indicated this has become an issue because of the new regulations, fishing permits were no longer required, attracting more people. Browning noted that the wake policy has not changed, but the sign had been removed for maintenance and will be replaced. No action was taken.</P> <P><STRONG>ACCOUNTS PAYABLE 05-02-05<BR></STRONG>Johnson moved approval of accounts payable in the amount of $113,462.93 to be paid 05/02/05; accounts payable manual checks in the amount of $1,368.24; payroll in the amount of $621,200.19; and electronic funds transfers in the amounts of $47,574.29 for FICA and $42,099.18 for KPERS to be paid 04/29/05. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 05-02-05</STRONG><BR>At 10:15 A.M., Jones made a motion that the Board recess to go into executive session for 15 minutes with Craig Weinaug, County Administrator; Evan Ice, County Counselor; and Sharon Dominik, Appraisal Manager, to discuss potential litigation. Motion was seconded by Johnson and carried unanimously. At 10:30 A.M., Jones made a motion that the executive session be extended for 10 minutes. Motion was seconded by Johnson and carried unanimously. The Board returned to regular session at 10:30 A.M. No action was taken.</P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P><BR>_____________________________&nbsp;_____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P>

<P>Jones called the meeting to order at 6:33 P.M. on Wednesday, May 4, 2005 with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>PROCLAMATION 05-04-05</STRONG><BR>David Johnson, Director of Bert Nash Mental Health, read a proclamation proclaiming the month of May as "Mental Health Month." Johnson moved approval of the Proclamation as read; Jones seconded and the motion carried unanimously.</P> <P><STRONG>CONSENT AGENDA 05-04-05</STRONG><BR>Johnson moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5317. Order is on file in the Office of the County Clerk;</LI> <LI>Note receipt of fee reports for the months of February and March, 2005; and</LI> <LI>Approve text amendments to Article 26 of the Douglas County Zoning Regulations to be forwarded to the Planning Commission for consideration.</LI></UL> <P>Jones seconded and the motion carried unanimously.</P> <P><STRONG>PUBLIC WORKS, PLANNING &amp; RESOLUTIONS 05-04-05<BR></STRONG>The Board noted receipt of a recommendation received from the Lawrence- Douglas County Metropolitan Planning Commission regarding Item No. 12 of the minutes dated April 25, 2005. This item is MM-12-02-04: Consider rescinding "minimum maintenance" road designation for a portion of E 1800 Road from N 900 Road south 0.8 miles in Palmyra Township. Requested by Douglas County Public Works for the Palmyra Township Board. Bill Ahrens, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. This item comes to the Board with a recommendation for approval to rescind the "minimum maintenance" designation. </P> <P>Jones made a motion to open the public hearing to accept comments on the proposed rescinding of the "minimum maintenance" declaration. Johnson seconded and the motion carried unanimously.</P> <P>J&#160; Hannah, property owner of 80 acres on E 1800 Road, stated he spent approximately $12,000 on road improvements for E 1800 Road, worked with LandPlan Engineering to divide the land and has applied for building permits for eight (8) lots.</P> <P>Jones questioned whether Hannah bought the land knowing it was a "minimum maintenance" road.</P> <P>Hannah responded that he was aware that this was a "minimum maintenance" road.</P> <P>The Board noted receipt of a letter received from George Gurley, 1770 N 800 Road, Baldwin City, Kansas, asking the Board to deny the request to rescind the "minimum maintenance" designation and requested a moratorium on this kind of development until a coherent plan for rural development is adopted.</P> <P>Jones then made a motion to close the public hearing; Johnson seconded; motion carried unanimously.</P> <P>Jones indicated he would not support the request since it appears the landowner&nbsp; purchased the land for the purposes of development and it is a misuse of the 5 acre exemption. Jones noted that he believed that a land use this intensive should go through the platting process which would include notification to the neighbors. Jones also stated he thought that unmanaged roads in the County have an adverse impact on everybody and it is the elected officials responsibility to keep taxes fair. This type of road is dependent upon subsidies from the cities.</P> <P>McElhaney stated that he appreciated Jones' comments, but disagreed that the city taxpayers pay for the county residents statement. He noted that he has been involved with the Planning Commission and Planning Staff and has looked at other options including the possibility of increasing it to a 10 acre exemption. Until the 5 acre exemption issue is resolved, there are rules and regulations in place and the Board d&#160;sn't have the authority to make changes without a written law in place.</P> <P>Johnson stated he agreed with Jones and McElhaney. He believes this is an abuse of the 5 acre exemption but Mr. Hannah is not doing anything against the rules. The rules need to be changed as quickly as possible. Johnson noted that this is not a bad thing to do from the township's perspective -- it raises the land values and puts additional monies into their road fund. </P> <P>Jones asked when the Board might expect to see a proposal on changing the 5 acre exemption regulations. McElhaney responded that he has been working with Linda Finger and anticipates a recommendation by August.</P> <P>Johnson then made a motion to approve Resolution No. 05-20 rescinding the ""minimum maintenance"" designation for a portion of E 1800 Road. Motion was seconded by McElhaney and carried with Jones opposed.</P> <P><STRONG>ACCOUNTS PAYABLE 05-04-05</STRONG><BR>Jones made a motion to authorize a letter to the Douglas County Treasurer authorizing the Treasurer to credit the account of Uni Computers, Inc. in the amount of $45 against their delinquent taxes as authorized by state statute. Motion was seconded by Johnson and carried unanimously.</P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P><BR>_____________________________&nbsp;_____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P>

<P>Jones called the meeting to order at 8:29 A.M. on Monday, May 16, 2005 with two members present. Johnson was absent. </P> <P><STRONG>CONSENT AGENDA 05-16-05</STRONG><BR>There were no consent items.</P> <P><STRONG>PLANNING 05-16-05<BR></STRONG>The Board considered Item No. 13 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated April 25, 2005. This item is CUP-02-03-05: Conditional Use Permit for E4 Excavating. The property is located at 1452 East 1 Road and contains approximately 10.96 acres. Submitted by Robin L. Edmonds for Shirley Edmonds, property owner of record. Paul Patterson, staff member of the Lawrence-Douglas County Metropolitan Planning Department, was present for the discussion. This item comes to the Board with a unanimous recommendation for approval based on the following Findings of Fact:</P> <P><STRONG>Zoning and uses of property nearby.</STRONG> The property is located entirely within an A (Agricultural) District. The use of the properties in this area is agricultural.</P> <P><STRONG>Character of the area.</STRONG> The property is located at 1452 E 1 Road. The site is at the western edge of Douglas County, along the east side of a gravel road with truck access from the south. Access from the north is restricted due to narrow bridges and roadways which are not passable during high water events.</P> <P><STRONG>Suitability of subject property for the uses to which it has been restricted.</STRONG> In staff's opinion, the property is still suitable for the existing Agricultural use. The requested Conditional Use Permit for this property would also be suitable, as the requested use has actually been operating at this location since 1970.</P> <P><STRONG>Length of time subject property has remained vacant as zoned.</STRONG> The property is zoned A (Agricultural) District. The property is not vacant but contains a rural residential house, plus several outbuildings including a contractor's yard with construction equipment and outside storage of waterline pipes.</P> <P><STRONG>Extent to which removal of restrictions will detrimentally affect nearby property.</STRONG> Removal of the restrictions and allowing the continued use of the business on the property should not detrimentally affect nearby property, as the established E-4 Excavating business has operated at this location since 1970.</P> <P><STRONG>Relative gain to the public health, safety and welfare by the destruction of the value of the petitioner's property as compared to the hardship imposed upon the individual landowners.</STRONG> The approval of the Conditional Use Permit would be beneficial to the public health, safety and welfare, as the E-4 Excavating provides 24 hours a day/7 days per week emergency repair service to provide safe drinking water for rural water districts and their customers in a seven (7) county service area.</P> <P><STRONG>Conformance with <EM>The Comprehensive Plan</EM>.</STRONG> The proposed Conditional Use Permit at this centralized rural location, which would allow for the continuation of 24 hours a day service to rural water district customers, would be consistent with the County/City's Comprehensive Plan, <EM>Horizon 2020</EM>.</P> <P>AND subject to the following conditions:</P> <OL> <LI>The permit will be administratively reviewed by the County in five (5) years (Calendar Year 2010).</LI> <LI>The permit will expire at the end of ten (10) years (Calendar Year 2015), unless an application for renewal is approved by the local governing body.</LI></OL> <P>McElhaney made a motion to approve CUP-02-03-05 based upon the above Findings of Fact and subject to the above conditions. Motion was seconded by Jones and carried.</P> <P><STRONG>ACCOUNTS PAYABLE 05-16-05<BR></STRONG>Jones moved approval of accounts payable in the amount of $677,820.82 to be paid 05/16/05; accounts payable manual checks in the amount of $1,368.24; payroll in the amount of $639,506.96; electronic funds transfers in the amounts of $46,997.26 for FICA and $44,354.52 for KPERS to be paid 05/13/05. Motion was seconded by McElhaney and carried unanimously.</P> <P>McElhaney made a motion to adjourn; Jones seconded and the motion carried unanimously.</P> <P><BR>_____________________________&nbsp;_____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_____________________________<BR>Jamie Shew, County Clerk</P>

<P>Jones called the meeting to order at 8:30 A.M. on Monday, May 9, 2005 with all members present. The Pledge of Allegiance was recited.</P> <P>Johnson moved approval of the minutes of April 6 and April 11, 2005; Jones seconded and the motion carried unanimously.</P> <P><STRONG>CONSENT AGENDA 05-09-05</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5318. Order is on file in the Office of the County Clerk;</LI> <LI>Approve Resolution No. 05-21 reappointing Marion R. Johnson as Douglas County Appraiser;</LI> <LI>Approve Resolution No. 05-22 granting a beer license to Baldwin Junction Conoco; and</LI> <LI>Pull the item “Planning Item: CUP-10-04-04: Conditional Use Permit request for a communication tower” for discussion.</LI></UL> <P>Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>PLANNING 05-09-05</STRONG><BR>The Board discussed CUP-10-04-04: Conditional Use Permit request for a communication tower. The property is located at 1694 N 1748 Road. Submitted by Selective Site Consultants, Inc., for Verizon Wireless. Walters Farms, LLC, is the property owner of record. Trevor Wood, Selective Site Consultants representing Verizon Wireless, was present for the discussion. This item was deferred by the Board on May 2, 2005, in order to provide Jones the opportunity to contact Chris Corey of Dobson Cellular regarding their refusal to officially deny Verizon Wireless’ attempt to co-locate. Jones reported that he was able to contact Mr. Corey who confirmed that the denial was based on interference. Jones questioned what advantage an additional tower would provide.</P> <P>Wood responded that there is a tremendous amount of dropped calls in this area -- approximately 90% of the calls are dropped when a user is heading eastbound out of Lawrence.</P> <P>Jones noted that he believed the communities interests are best served with the fewest number of towers. </P> <P>Johnson stated he didn’t disagree, but if the tower isn’t granted, taxpayers/users in the County are penalized. </P> <P>McElhaney stated that he believed that good faith efforts were made to co-locate and made a motion to approve CUP-10-04-04 based on the following Findings of Fact:</P> <P><STRONG>Zoning and uses of property nearby.</STRONG> The subject property is surrounded by rural agricultural zoning and uses in all directions.</P> <P><STRONG>Character of the area.</STRONG> The character of the area is an unincorporated rural community located in the northeast portion of Douglas County. This area includes scattered residential and agricultural uses.</P> <P><STRONG>Suitability of subject property for the uses to which it has been restricted.</STRONG> There is no proposed change to the existing zoning designation. Article 19 of the County Zoning Regulations lists multiple land uses that are allowed subject to approval of a Conditional Use Permit. Included in this list of uses is ‘communication tower.’ The proposed request is for the construction of a 90' tower along the county line and in proximity to I-70 to support existing communication services. The property is agriculturally zoned and is unimproved. Conditional Use Permits (CUP’s) are designed to allow special and unique land uses to occur. Approval of a Conditional Use Permit will not alter the base zoning.</P> <P><STRONG>Length of time subject property has remained vacant as zoned.</STRONG> The subject property is vacant as noted above. It has been zoned A (Agricultural) District since the adoption of the zoning regulations in the unincorporated portions of Douglas County in 1966.</P> <P><STRONG>Extent to which removal of restrictions will detrimentally affect nearby property.</STRONG> The addition of this use to the property is not anticipated to detrimentally affect nearby property. The proposed use d&#160;s not alter the base zoning district. Access is provided via an existing County Road (E 1675 Road). The proposed tower is less than 100' and is not anticipated to be lighted. Lighting at the base may be permissible subject to staff review and approval. Lighting of the tower is not expressly prohibited since the FAA could make this element a condition in the future.</P> <P><STRONG>Relative gain to the public health, safety and welfare by the destruction of the value of the petitioner’s property as compared to the hardship imposed upon the individual landowners.</STRONG> The subject property will continue to be used as an agricultural property. No detrimental impacts are anticipated by the addition of this use.</P> <P><STRONG>Conformance with <EM>The Comprehensive Plan</EM>.</STRONG> <EM>Horizon 2020</EM> d&#160;s not directly address the issue of special or conditional uses. The plan provides basic guidance regarding major infrastructure improvements and urges that such uses be carefully planned and provided. The provision of such services should be focused in existing service areas to address growth. Additionally, placement and visual appearance are a key consideration in creating compatibility.</P> <P>AND subject to the following conditions:</P> <P>1. Provision of a revised site plan to include the following:<BR>a. Show location, fixture type, and mounting height of exterior lighting on the equipment building and provide a note that states lighting shall be shielded and directed downward.<BR>b. A note stating “Minimal lighting at the tower base shall be reviewed and approved by staff. Any lighting of the enclosure area shall be directed downward and shielded to prevent glare and light trespass.”<BR>c. Show or note the proposed height of the equipment building.<BR>d. Show dimension of tower to west and south property lines.<BR>2. Provision of the following notes on the face of the site plan:<BR>a. “Any tower that is not used for a period of three years or more, shall be removed by the owner at the owner’s expense. Failure to remove the tower pursuant to non-use may result in removal and assessment of cost to the property per K.S.A. 12-6a17 &amp; 19-4.31(c)4.”<BR>b. “The tower owner and/or operator shall submit a letter to the Planning Office by July 1st of each year listing the current users and types of antenna located on the approved tower. (19-4.31(c)5.”<BR>3. Provision of a sign to be posted on the tower or enclosure noting the name and telephone number of the tower operator and operator. (19-4.31(c)5;<BR>4. Provision of a copy of an approved entrance permit from Marion Township for access to the tower site; and<BR>5. Provision of a revised site plan to include a tower structurally capable of being extended to provide additional space to a minimum of 3 additional carriers.</P> <P>Motion was seconded by Johnson and carried unanimously.</P> <P>Johnson suggested that a transcript of the tape be made and submitted with a letter to the FCC expressing the Board’s concerns.</P> <P><STRONG>INSURANCE 05-09-05</STRONG><BR>The Board discussed the 2005-2006 Health Insurance renewal. Pam Madl, Assistant County Administrator, explained that the claims expenses will be on target with the projected expected claims for the 2004-2005 plan year. Madl further explained that the reinsurance quotation drives the premium level for the County’s plan. Several factors impact the final decision: the specific limits, utilization experience and economic inflation.</P> <P>Establishing premiums at the full funding level would result in an increase in premium level; however, our cash situation puts the County in a position of being fully funded without a premium increase. Madl recommended setting up a reserve account of $1.445 million, and to maintain that reserve in the future at a level of three-months expected expenditures plus $300,000. Additionally, Madl recommended leaving the premium level at the 2004-2005 rates, and over the next plan year developing resources to assist in a formula for establishing premium levels to ensure full funding and an adequate reserve and operating cash balance.</P> <P>Johnson stated he believes that in the long term, we are better off to deal with the employees as a health insurance company. He also stated that he is a firm believer that when costs are adjusted, everybody needs to adjust -- the sharing of the costs should be consistent.</P> <P>Jones agreed, noting he believed the Board’s philosophy is a percentage of the cost should be fixed based on fully funding.</P> <P>McElhaney expressed concerns about the percentage the retirees pay.</P> <P>Johnson made a motion to accept the new reinsurance contract; that premiums for the next policy year remain the same as they are in the current policy year with the anticipated ending reserve balance on 05/31/06 being $3.5 million; that premiums paid by the employee be established as a percentage; authorize the creation of a separate investment account for a self-funded insurance program in the amount of at least $1.445 million; and an operating account for medical insurance reserve of not to exceed $1.5 million. Motion was seconded by Jones and carried unanimously.</P> <P>McElhaney excused himself at 9:37 A.M.</P> <P><STRONG>PUBLIC WORKS 05-09-05</STRONG><BR>The Board conducted a preliminary discussion of the Five-Year Plan Project List for Federally Assisted Projects. Keith Browning, Director of Public Works/County Engineer, explained that the Kansas Department of Transportation (KDOT) annually requests that counties update the projects included in the county portion of the Statewide Transportation Improvement Program (STIP). These are projects for which the county wishes to use federal funding assistance (typically 80% federal, 20% local) in an amount not to exceed the obligation authority for each county. The projects currently on Douglas County’s list are as follows:</P> <P>1. Replacement of Br. No. 09.24-16.00 on Route 1055 approximately 3/4 mile south of Route 458. Project scope was increased to include improving both roadway curves immediately south of bridge. Right-of-way acquisition is awaiting environmental clearances from KDOT. Involves one residential relocation. Currently scheduled for January 2006 bid letting.<BR>2. Replacement of Br. No. 14.00-23.66 on Route 442 just west of Johnson County Line. <BR>3. Replacement of Br. No. 06.97-01.00 on Route 1023 just south of Route 460 intersection. Anticipate contracting for engineering services in August 2005. Scheduled for January 2008 bid letting.<BR>4. Deck replacement only for Br. No. 13.00-19.00 which carries Route 1057 over the Wakarusa River approximately 1/2 mile south of K-10. Scheduled for January 2009 bid letting.</P> <P>A federal multi-year TEA-21 reauthorization bill has not passed as of this date. However, KDOT has estimated Douglas County’s annual available obligation authority to be $590,286. This is a significant increase over KDOT’s estimate of $380,000 in annual obligation authority for the 2005-2009 5-Year Plan.</P> <P>Browning noted that the first two (2) projects are firm and cannot be revised. However, the other projects can be changed if the Board so desires. </P> <P>Jones asked for public comment. No comments were received.</P> <P>Jones made a motion to approve the Five-Year Plan Project Listing for Federally Assisted Projects as listed above with the following changes:</P> <UL> <LI>Revise Project No. 23 C-4123-01 to entail full replacement of Bridge No. 13.00N-19.00E, the Route 1057 bridge over the Wakarusa River. The project was previously a deck replacement only;</LI> <LI>Safety improvements to Route 1055 curve at approximately 875N; and</LI> <LI>Replacement of Bridge No. 10.00N-16.38E on Route 458 approximately 0.4 miles east of the eastern Route 1055/Route 458 intersection.</LI></UL> <P>Motion was seconded by Johnson and carried.</P> <P><STRONG>OUT-DISTRICT COLLEGE TUITION STATEMENTS 05-09-05</STRONG><BR>Jones moved approval of the eleven (11) Out-District College Tuition statements in the amount of $137,352. Motion was seconded by Johnson and carried.</P> <P><STRONG>ZONING &amp; RESOLUTIONS 05-09-05</STRONG><BR>The Board considered approval of a Home Rule Resolution extending the temporary prohibition of the issuance of permits for the construction or placement of dwellings and mobile homes on tracts of land gaining primary access through minimum maintenance roads. Keith Dabney, Director of Zoning &amp; Codes, explained this would continue Home Rule Resolution No. HR-03-8-4 which expired December 31, 2004. After discussion, Jones made a motion to approve Home Rule Resolution No. HR-05-05-4 providing for the temporary prohibition of the issuance of permits for the construction or placement of dwellings and mobile homes on tracts of land gaining primary access through minimum maintenance roads. Motion was seconded by Johnson and carried.</P> <P><STRONG>ACCOUNTS PAYABLE 05-09-05</STRONG><BR>Johnson moved approval of accounts payable in the amount of $559,435.58 to be paid 5/9/05. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>APPOINTMENTS 05-09-05</STRONG><BR>Jones made a motion to reappoint Tom Jennings, Lawrence, Kansas and Dennis Lawson, Eudora, Kansas, to the Lawrence-Douglas County Metropolitan Planning Commission for terms which shall expire on May 31, 2008. Johnson seconded and the motion carried.</P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P><BR>_____________________________ _____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P>

<P>Jones called the meeting to order at 6:35 P.M. on Wednesday, May 18, 2005 with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 05-18-05</STRONG><BR>Johnson moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5319 and 5320. Orders are on file in the Office of the County Clerk;</LI> <LI>Authorize Notices to Clinton Township for Clinton Marina, Inc. and Wakarusa Music Festival; and</LI> <LI>Approve Kansas Department of Transportation Form 1302 for Five- Year Plan Projects.</LI></UL> <P>Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PLANNING 05-18-05</STRONG><BR>The Board considered Item No. 18 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated April 27, 2005. This item is Z- 03-14-05: A request to rezone a tract of land approximately six acres from A (Agricultural) District to A-1 (Suburban Residential) District. The property is generally described as being located on E 1500 Road between N 1000 and N 1050 Roads. Submitted by Jeff and Jaclyn Hout, contract purchasers, and Jo Anne Polk, property owner of record. Lisa Pool, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. This item comes to the Board with a recommendation for approval based on the following Findings of Fact:</P> <P><STRONG>Zoning and land uses of surrounding properties.</STRONG> The applicant is proposing to rezone 6 acres of a larger 45-acre parcel from the A (Agricultural) District to the A-1 (Suburban Residential) District. A single-family home exists on the main parcel of 45 acres, which will maintain its agricultural zoning. The areas surrounding the subject property are zoned A (Agricultural) District. Within the vicinity of the subject parcel, the properties to the north of 1000 Road predominantly comprise large lots with single-family homes, while the properties to the south of 1000 Road are more agricultural in nature.</P> <P><STRONG>Character of the area.</STRONG> The area is characterized by a mix of agricultural uses with rural residential development. While the area has a distinct rural character, several single-family residences are located to the north, south, and east of the subject property. All parcels surrounding the subject property are zoned A (Agricultural) District. The subject property is located outside of the Lawrence city limits, but is within the Urban Growth Area (UGA).</P> <P><STRONG>Suitability of subject property for the uses to which it has been restricted.</STRONG> All properties surrounding the project area are zoned A (Agricultural) District. The area features a variety of agricultural uses and single-family residences located on large tracts of land. The property is not adjacent to any platted subdivision, but it is located within the Urban Growth Area. Based on the proximity of the subject property to several single-family homes, it is not well-suited for the agricultural uses to which it has been restricted.</P> <P><STRONG>Length of time subject property has remained vacant as zoned.</STRONG> The property has been zoned A (Agricultural) District since the adoption of the 1966 Douglas County Zoning Regulations. The subject property (6 acres) is unimproved and d&#160;s not include agricultural uses. A single-family home has existed on a southern portion of the larger 45-acre parcel since 1993.</P> <P><STRONG>Extent to which removal of restrictions will detrimentally affect nearby property.</STRONG> As the subject property is located within the Urban Growth Area and is adjacent to large lot single-family homes, approval of a rezoning of this property from the A (Agricultural) District to the A-1 (Suburban Residential) District should not detrimentally affect nearby properties.</P> <P><STRONG>Relative gain to the public health, safety and welfare by the destruction of the value of the petitioner's property as compared to the hardship imposed upon the individual landowners.</STRONG> If the property retains its A (Agricultural) District designation, it would be able to function with any of the following permitted uses, among others: agriculture, hospital or clinic for large or small animals, commercial greenhouse, church, or school. Properties within the UGA may not be developed for residential purposes through the 5-acre exemption, and must be rezoned to A-1 (Suburban Residential) District for residential development. </P> <P>A rezoning of the property to the A-1 (Suburban Residential) District would provide little benefit to the public health, safety or welfare. However, as the new owner is expected to construct one single-family home on a 6-acre parcel that is surrounded by several single-family homes, the rezoning would not adversely affect its surroundings. Granting the rezoning request would allow the current property owner to sell 6 acres of land for the purpose of residential development.</P> <P><STRONG>Conformance with <EM>The Comprehensive Plan</EM>.</STRONG> Once platted, the proposed request will conform to several Horizon 2020 policies related to low density residential uses. Specifically, the property comprises 6 acres of land within the Urban Growth Area. The 6-acre parcel is double the recommended 3-acre minimum lot size within the UGA. Additionally, as single-family homes surround the property, the development of a single-family home on this vacant lot would not constitute leapfrog development. It is important to note that water meters and paved roads are available to serve the property.</P> <P>AND subject to the following condition:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>Recording of a final plat prior to publication of the rezoning.</P></BLOCKQUOTE> <P>After discussion, McElhaney made a motion to approve Z-03-14-05 based on the above Findings of Fact and subject to the above condition. Motion was seconded by Jones and carried unanimously.</P> <P>McElhaney noted for the record that two (2) Planning Commissioners abstained from voting on this item but did not have a conflict of interest. He stated that it is his belief that if you're appointed to a board, you're appointed to make decisions and should vote one way or the other.</P> <P><STRONG>PUBLIC WORKS 05-18-05<BR></STRONG>The Board convened as Board of Directors of Hesper Charter Road Improvement District to consider approval of the contract for Project 2003-5. Keith Browning, Director of Public Works/County Engineer, advised the Board that bids were opened on May 3, 2005 for the surfacing and drainage structure improvements for roads within the Hesper Charter Road Improvement District. The low bid was received from LRM Industries, Inc. in the amount of $248,575, which was significantly higher than the Engineer's Estimate of $226,000. This estimate was on file with the County Clerk to give people an opportunity to consider whether they wanted to proceed with the project. Browning speculated that fuel costs were a factor in the higher costs. Browning stated that representatives of property owners from Hesper Charter Road Improvement District have indicated they wish to proceed with the project as bid. Browning has had preliminary discussions with LRM regarding various options to reduce the costs, such as a thinner rock base, which would still provide a quality road. </P> <P>Jones questioned whether the property owners still had the option of not pursuing the project. Browning responded that once this contract is signed, the project will proceed.</P> <P>Jones then asked for public comment.</P> <P>Shawn Stover, 2285 N 1137 Road, expressed concerns regarding the thinner rock base. Stover stated he would prefer to proceed with the project as bid.</P> <P>A property owner questioned when the project would start. Browning responded that the earliest notice to proceed would be May 31, and the latest would be July 5. Browning added that the work will take approximately 28 working days.</P> <P>Jones made a motion to approve the low bid received from LRM Industries in the amount of $248,575 as bid, and that Browning be given the authority to approve change orders totaling up to 5% of the contract amount. Motion was seconded by Johnson and carried unanimously.</P> <P>Jones made a motion that the Board of Directors adjourn; Johnson seconded and the motion carried unanimously.</P> <P><STRONG>EMERGENCY MANAGEMENT 05-18-05</STRONG><BR>The Board discussed the FY2005 Homeland Security Allocation Recommendations. Paula Phillips, Director of Emergency Management, stated that representatives from all law enforcement, fire, EMS, public works, utilities, information technology, and cities in Douglas County were invited to participate in the decision making process regarding the FY05 State Homeland Security funds allocated to Douglas County. The following entities were present at the meeting:</P> <P>&nbsp; &nbsp;<STRONG>City of Lawrence</STRONG><BR>&nbsp;&nbsp; &nbsp;Information Systems<BR>&nbsp;&nbsp; &nbsp;Fire &amp; Medical<BR>&nbsp;&nbsp; &nbsp;Utilities<BR>&nbsp;&nbsp; &nbsp;Public Works<BR>&nbsp; &nbsp;<STRONG>Douglas County</STRONG><BR>&nbsp;&nbsp; &nbsp;Emergency Management<BR>&nbsp;&nbsp; &nbsp;Emergency Communications<BR>&nbsp; &nbsp;<STRONG>Baldwin City<BR></STRONG>&nbsp;&nbsp; &nbsp;City Manager<BR>&nbsp;&nbsp; &nbsp;Police<BR>&nbsp;&nbsp; &nbsp;Utilities<BR>&nbsp;&nbsp; &nbsp;Public Works<BR>&nbsp; &nbsp;<STRONG>Eudora</STRONG><BR>&nbsp;&nbsp; &nbsp;Utilities Department<BR>&nbsp;&nbsp; &nbsp;Police<BR>&nbsp;<BR>Phillips noted that the discussion of how to allocate the funds among all of the submitted proposals resulted in conversation about the need to move away from using the funds to support individual agencies and begin to think more strategically about homeland security capabilities from a countywide perspective. While most participants agreed to the concept, some of the smaller public safety departments expressed the desire to use the funds to bring their agencies to the same operational capability level as the larger departments. This led to discussion about the funding responsibilities of the local units of government for projects funded by Homeland Security, and the difference between operational funding and Homeland Security funding.</P> <P>The following is the list of projects recommended for funding and the list of projects considered but not funded along with descriptions and comments on benefits of the project and/or reasons the project was not recommended:</P> <P><STRONG>2005 HOMELAND SECURITY ALLOCATION RECOMMENDATIONS -- PRIOR ITIZED ORDER</STRONG></P> <P><STRONG>ALLOCATION AMOUNT: $293,617</STRONG></P> <P> <TABLE cellSpacing=0 cellPadding=8 width=576 border=0> <TBODY> <TR> <TD width="10%" height=26><FONT face=Arial size=1> <P>Cost</FONT></P></TD> <TD width="31%" height=26><FONT face=Arial size=1> <P>Description</FONT></P></TD> <TD width="26%" height=26><FONT face=Arial size=1> <P>Recipient</FONT></P></TD> <TD width="32%" height=26><FONT face=Arial size=1> <P>Notes</FONT></P></TD></TR> <TR> <TD width="10%" height=26><FONT face=Arial size=1> <P>$53,000</FONT></P></TD> <TD width="31%" height=26><FONT face=Arial size=1> <P>Terrorism Training</FONT></P></TD> <TD width="26%" height=26><FONT face=Arial size=1> <P>All public safety agencies in Douglas County</FONT></P></TD> <TD width="32%" height=26><FONT face=Arial size=1> <P>Public safety departments have been unable to participate in free terrorism training because of backfill and overtime costs. These funds would provide for training overtime and backfill costs</FONT></P></TD></TR> <TR> <TD width="10%" height=26><FONT face=Arial size=1> <P>$75,000</FONT></P></TD> <TD width="31%" height=26><FONT face=Arial size=1> <P>Code Red: An Internet based system that works with a mapping program that would quickly notify residents of information such as water line breaks, road closings, emergencies, etc. System can notify population base or by street.</FONT></P></TD> <TD width="26%" height=26><FONT face=Arial size=1> <P>County and cities</FONT></P></TD> <TD width="32%" height=26><FONT face=Arial size=1> <P>The public works and utility departments will be frequent regular users of the system. However, shelter-in-place, boil water orders, medical emergency dispensing, and evacuation notices could be handled in this way.</FONT></P></TD></TR> <TR> <TD width="10%" height=26><FONT face=Arial size=1> <P>$75,000</FONT></P></TD> <TD width="31%" height=26><FONT face=Arial size=1> <P>Web EOC: A software based virtual EOC that allows for all EOC data collection, resource and information tracking, and decision making to be captured and viewed from and by all participating agencies/departments via computer and Internet.</FONT></P></TD> <TD width="26%" height=26><FONT face=Arial size=1> <P>County and cities</FONT></P></TD> <TD width="32%" height=26><FONT face=Arial size=1> <P>The cities would be able to manage incidents without having to relocate key staff to the EOC except when necessary.</FONT></P></TD></TR> <TR> <TD width="10%" height=26><FONT face=Arial size=1> <P>$30,000</FONT></P></TD> <TD width="31%" height=26><FONT face=Arial size=1> <P>Lawrence/Douglas County Fiber Optic Connection</FONT></P></TD> <TD width="26%" height=26><FONT face=Arial size=1> <P>Joint Douglas County departments and City of Lawrence departments</FONT></P></TD> <TD width="32%" height=26><FONT face=Arial size=1> <P>Processes could be better coordinated and integrated between Douglas County and City of Lawrence departments.</FONT></P></TD></TR> <TR> <TD width="10%" height=26><FONT face=Arial size=1> <P>$60,000</FONT></P></TD> <TD width="31%" height=26><FONT face=Arial size=1> <P>Backup Generator for Alternate EOC location: install a backup generator at the designated alternate EOC (LKPD Investigation and Training Building)</FONT></P></TD> <TD width="26%" height=26><FONT face=Arial size=1> <P>City of Lawrence Police and Douglas County</FONT></P></TD> <TD width="32%" height=26><FONT face=Arial size=1> <P>The alternate EOC location has no capabilities -- this would be the first phase towards viability of the site.</FONT></P></TD></TR></TBODY></TABLE><FONT face=Arial><B></P> <P>CONSIDERED BUT NOT INCLUDED IN RECOMMENDATION -- no prioritization</P> <P></B></FONT><FONT face=Arial size=2></FONT> <TABLE cellSpacing=0 cellPadding=8 width=576 border=0> <TBODY> <TR> <TD width="11%"><FONT face=Arial size=1> <P>Cost</FONT></P></TD> <TD width="30%"><FONT face=Arial size=1> <P>Description</FONT></P></TD> <TD width="25%"><FONT face=Arial size=1> <P>Recipient</FONT></P></TD> <TD width="33%"><FONT face=Arial size=1> <P>Notes</FONT></P></TD></TR> <TR> <TD width="11%" height=26><FONT face=Arial size=1> <P>$120,000</FONT></P></TD> <TD width="30%" height=26><FONT face=Arial size=1> <P>Additional reinforcement of JLE</P> <P>-Garage door replaced</P> <P>-Window protection</P> <P>-East parking lot controlled</P> <P>access</FONT></P></TD> <TD width="25%" height=26><FONT face=Arial size=1> <P>Douglas County</FONT></P></TD> <TD width="33%" height=26><FONT face=Arial size=1> <P>The County should use operational funds if this is truly a need. Homeland Security funds have already been spent to replace generator.</FONT></P></TD></TR> <TR> <TD width="11%" height=26><FONT face=Arial size=1> <P>$100,000</FONT></P></TD> <TD width="30%" height=26><FONT face=Arial size=1> <P>Lawrence Police Department</P> <P>-Backup generator</P> <P>-Window protection</FONT></P></TD> <TD width="25%" height=26><FONT face=Arial size=1> <P>City of Lawrence</P> <P>Designated alternate EOC</FONT></P></TD> <TD width="33%" height=26><FONT face=Arial size=1> <P>The city/department should use operational funds if this is truly a need.</FONT></P></TD></TR> <TR> <TD width="11%" height=26><FONT face=Arial size=1> <P>$75,000</FONT></P></TD> <TD width="30%" height=26><FONT face=Arial size=1> <P>Lawrence Fire &amp; Medical</P> <P>-Backup generator</FONT></P></TD> <TD width="25%" height=26><FONT face=Arial size=1> <P>City of Lawrence</FONT></P></TD> <TD width="33%" height=26><FONT face=Arial size=1> <P>The city/department should use operational funds if this is truly a need.</FONT></P></TD></TR> <TR> <TD width="11%" height=26><FONT face=Arial size=1> <P>$220,000</FONT></P></TD> <TD width="30%" height=26><FONT face=Arial size=1> <P>Utility Security Projects</P> <P>-Baldwin, $80,000</P> <P>-Eudora, $80,000</P> <P>-Lawrence, $1 million</P> <P>-Lecompton, est. $75,000</FONT></P></TD> <TD width="25%" height=26><FONT face=Arial size=1> <P>All Cities</FONT></P></TD> <TD width="33%" height=26><FONT face=Arial size=1> <P>Homeland Security grant has already funded approximately half of the cost of the projects for Baldwin and Eudora; the Lawrence project received $60k from the last set of funds and they have a phased capital plan for this; and, Lecompton has never attended any of the meetings or indicated need.</FONT></P></TD></TR> <TR> <TD width="11%" height=26><FONT face=Arial size=1> <P>$550,000</FONT></P></TD> <TD width="30%" height=26><FONT face=Arial size=1> <P>Standardization of firefighter protective ensemble</FONT></P></TD> <TD width="25%" height=26><FONT face=Arial size=1> <P>All volunteer and full time fire departments in Douglas County</FONT></P></TD> <TD width="33%" height=26><FONT face=Arial size=1> <P>This would allow for departments to more easily provide mutual aid support. However, volunteer departments will need to participate in terrorism training and to begin annual fit testing of masks for all personnel if equipment is purchased with Homeland Security funds. Currently, not all volunteer departments require Firefighter I training for volunteers.</FONT></P></TD></TR> <TR> <TD width="11%" height=26><FONT face=Arial size=1> <P>$150,000</FONT></P></TD> <TD width="30%" height=26><FONT face=Arial size=1> <P>Provide radio, telephone, computer and audio/visual capabilities at alternate EOC</FONT></P></TD> <TD width="25%" height=26><FONT face=Arial size=1> <P>County-wide</FONT></P></TD> <TD width="33%" height=26><FONT face=Arial size=1> <P>The alternate EOC has no current capabilities to support a disaster response and recovery operations.</FONT></P></TD></TR> <TR> <TD width="11%" height=26><FONT face=Arial size=1> <P>$30,000</FONT></P></TD> <TD width="30%" height=26><FONT face=Arial size=1> <P>Mobile Data Terminals</FONT></P></TD> <TD width="25%" height=26><FONT face=Arial size=1> <P>Baldwin City Police</FONT></P></TD> <TD width="33%" height=26><FONT face=Arial size=1> <P>While this would complete MDT capabilities for Baldwin Police, when the 9-1-1 Board provided funds for the MDT infrastructure, it was with the agreement that the individual law enforcement agencies would purchase needed MDT’s from their operational budgets.</FONT></P></TD></TR> <TR> <TD width="11%" height=26><FONT face=Arial size=1> <P>$100,000</FONT></P></TD> <TD width="30%" height=26><FONT face=Arial size=1> <P>Additional funding for utility departments to continue work on security projects</FONT></P></TD> <TD width="25%" height=26><FONT face=Arial size=1> <P>Baldwin, Eudora, Lawrence, Lecompton</FONT></P></TD> <TD width="33%" height=26><FONT face=Arial size=1> <P>All cities except Lecompton have already received Homeland Security funds to begin this work. The group discussed the need of the cities to complete the projects from their operational budgets.</FONT></P></TD></TR> <TR> <TD width="11%" height=26><FONT face=Arial size=1> <P>$190,000</FONT></P></TD> <TD width="30%" height=26><FONT face=Arial size=1> <P>Funding of a continuity of operations plan and cyber security assessment for the County and all cities</FONT></P></TD> <TD width="25%" height=26><FONT face=Arial size=1> <P>All cities and the County</FONT></P></TD> <TD width="33%" height=26><FONT face=Arial size=1> <P>The IT representatives agreed that the cost was too high and that they were aware of the vulnerabilities and needed funds to minimize the risks and not for a plan to identify the risks and recovery.</FONT></P></TD></TR> <TR> <TD width="11%" height=26><FONT face=Arial size=1> <P>$80,000</FONT></P></TD> <TD width="30%" height=26><FONT face=Arial size=1> <P>Fund a new repeater for law enforcement in the Baldwin area to improve communications and provide an "info channel"</FONT></P></TD> <TD width="25%" height=26><FONT face=Arial size=1> <P>Baldwin PD</FONT></P></TD> <TD width="33%" height=26><FONT face=Arial size=1> <P>This item is included on the 9-1-1 Board priority list, however, it is not known ho soon it will be funded.</FONT></P></TD></TR> <TR> <TD width="11%" height=26><FONT face=Arial size=1> <P>$80,000</FONT></P></TD> <TD width="30%" height=26><FONT face=Arial size=1> <P>Fund a new repeater for law enforcement in Eudora to improve communications in "dead spots" </FONT></P></TD> <TD width="25%" height=26><FONT face=Arial size=1> <P>Eudora PD</FONT></P></TD> <TD width="33%" height=26><FONT face=Arial size=1> <P>Jim Denney indicated that he had not received previous complaints, and that a study had been done and that all of the improvements that could be made have already been made in the Eudora area. He requested that Eudora PD provide a list of locations where communications are a problem and he will recheck those sites.</FONT></P></TD></TR></TBODY></TABLE><FONT face=Arial size=2></FONT></P> <P>Jeff Dingman, Baldwin City Administrator, requested that the Board consider funding Baldwin's request of $30,000 for the Mobile Data Terminals and $80,000 for the Utility Security Project.</P> <P>Jones asked which request was top priority. Dingman responded that for him, the Utility Security Project would be top priority. Jones then questioned whether partial funding would be of any value. Dingman stated that it would.</P> <P>Mike McKenna, Baldwin Chief of Police, stated that he was not aware of any agreement regarding the purchase of the Mobile Data Terminals. McKenna requested that the Board approve the $30,000 request for this purchase.</P> <P>Mark Bradford, Deputy Chief of the Lawrence-Douglas County Fire &amp; Medical Department, reviewed the task force's evaluation process and criteria for their recommendations. Bradford stated that the task force looks at the allocations and how they are to be distributed. They have to look at what the state will allow and what the city and elected officials have given guidance on. The task force is very much against using money for special projects or projects where general revenue funds would be spent.</P> <P>Jones expressed concerns about Code and Web EOC due to the out-year costs.</P> <P>Johnson stated he would prefer to spend $30,000 to upgrade one of our law enforcement agencies communications capabilities than to spend it on fiber optics since he felt the benefits are far greater.</P> <P>Jones stated that he viewed the fiber optic connection and backup generator as Capital Improvements Program issues and would prefer to approve the $30,000 request for the Mobile Data Terminals. Jones further stated that he was not inclined to support the Web EOC. </P> <P>The Board directed Phillips to schedule a meeting with the task force to review the Board's direction. No action was taken.</P> <P>&#160;<STRONG>PUBLIC WORKS, ZONING &amp; RESOLUTIONS 05-18-05</STRONG><BR>Johnson questioned whether the Board should consider a moratorium on the 5 acre exemption. Jones stated he thought it was a good idea. McElhaney stated he would not be in favor of a moratorium, but would rather see the policy changed.</P> <P>Johnson noted this would force the Board to make the necessary changes and that he would not be in favor of the moratorium being effective for longer than six (6) months. </P> <P>McElhaney requested information on how many 5 acre lots and houses are sold per month to see if there is really a problem.</P> <P>It was the consensus of the Board to discuss this on Monday, May 23, 2005. No action was taken.</P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P><BR>_____________________________ _____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P>

<P>Jones called the meeting to order at 6:35 P.M. on Wednesday, May 25, 2005, at the Douglas County Fairgrounds with all members present.</P> <P><STRONG>CONSENT AGENDA 05-25-05<BR></STRONG>There were no consent items.</P> <P><STRONG>BUDGET 05-25-05</STRONG><BR>Jones requested public input for the 2006 budget. Jeff Dingman, Baldwin City Administrator presented a letter requesting funding for the relocation of a 16-inch waterline that is in conflict with project No. 23C-3890-01. This project is to realign the roadway of Douglas County Road 1055 and reconstruct the bridge over Coal Creek. </P> <P>It was the consensus of the Board to take this request into consideration once the final budget has been prepared. No other public comment was received. No action was taken. </P> <P><STRONG>EMERGENCY MANAGEMENT 05-25-05</STRONG><BR>At their meeting on May 18, 2005, the Board discussed the FY2005 Homeland Security Allocation and directed Paula Phillips, Director of Emergency Management, to meet with the task force and revise their recommendations based on direction received. Phillips presented the following recommendation:</P> <P>&nbsp;1.&nbsp;Terrorism Training for First Responders -- $53,000</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>These funds will be available to all county law enforcement, fire, ems, public works, emergency management and emergency communications agencies to provide backfill and overtime costs for personnel to attend terrorism training. </P> <P>Terrorism response training is now required for all first responders. The training is provided free of charge by the Department of Homeland Security, but the backfill and/or overtime costs needed to send front line personnel prohibits agencies from taking advantage of the training.</P></BLOCKQUOTE> <P>&nbsp;2.&nbsp;Standardization of Firefighting Equipment -- $140,000</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>These funds will continue the project started with FY04 funds to standardize firefighter ensembles for all county fire departments. This will increase the ability of fire departments to provide mutual aid support for each other.</P> <P>Currently there are four (4) different types of systems being used by fire departments in the county. Not all fire departments in the county have air packs for firefighters. Air packs are considered personal protective equipment but the cost of a single ensemble is cost prohibitive to the tiny operating budgets of the township fire departments and to the volunteers using personal funds to pay for equipment. The recommendation will fund approximately 45 ensembles.</P></BLOCKQUOTE> <P>&nbsp;3.&nbsp;Fiber Optic Connection -- $10,000</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>These funds will provide $10,000 of the total $64,000 project to fund the purchase of fiber optic cable to connect Lawrence City Hall and the Judicial and Law Enforcement Center. This will allow the two governmental units to provide redundancy data capabilities for each other. The City of Lawrence and Douglas County will then share the remaining costs ($27,000 each). </P></BLOCKQUOTE> <P>&nbsp;4.&nbsp;Utility Security Projects for Cities -- $60,000 ($20,000) each</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>$20,000 each will complete the security projects for Baldwin and Eudora utilities departments, and provide $20,000 towards the security projects for the Lawrence Water Department. The projects were started with FY04 Homeland Security Grant Funds. Each city has a security project plan for water and electric facilities. Each is working on their respective security plan in phases as budgets allow.</P></BLOCKQUOTE> <P>&nbsp;5.&nbsp;Baldwin City Police Department Mobile Data Computers -- $30,000</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>The funds will be used to complete the mobile data computer project started by the Baldwin City Police Department with FY04 Homeland Security Grant Funds.</P></BLOCKQUOTE> <P>Jones stated he was inclined to eliminate the $10,000 allocated for the fiber optic connection and increase the standardization of firefighting equipment by $10,000 since he believed the monies for the fiber optic connection should be funded in a different fashion.</P> <P>Pam Madl, Assistant County Administrator, stated that the County has put monies aside for this project and is waiting on the City to match the commitment. Madl added that this will be a great boon in terms of GIS and other shared data.</P> <P>Jones then made a motion to support the above recommendation with the elimination of Item #3 in the amount of $10,000, and allocate those monies to Item #2. Motion was seconded by McElhaney and carried unanimously.</P> <P>Jones stated for the record that in essence the County is agreeing to spend its share of the fiber optics costs with the City. </P> <P><BR><STRONG>ACCOUNTS PAYABLE 05-25-05</STRONG><BR>Johnson made a motion to authorize a letter to the Douglas County Treasurer authorizing the Treasurer to credit the account of Bambino's in the amount of $60.65 against their delinquent taxes as authorized by state statute. Motion was seconded by Jones and carried unanimously.</P> <P>Jones made a motion to adjourn; McElhaney seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P>

<P>Jones called the meeting to order at 8:32 A.M. on Monday, June 6, 2005 with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 06-06-05</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5321 and 5322. Orders are on file in the Office of the County Clerk;</LI> <LI>Approve Resolution No. 05-23 granting a beer license to Clinton Lake Marina;</LI> <LI>Approve Resolution No. 05-24 granting a beer license to Pipeline Productions for Wakarusa Music Festival; and</LI> <LI>Approve the adoption of the 2005 Review of Douglas/Jefferson Counties Regional Solid Waste Management Plan.</LI></UL> <P>Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>AGREEMENTS, SHERIFF &amp; YOUTH SERVICES 06-06-05</STRONG><BR>McElhaney made a motion to approve contracts with the following vendors for food products for the Douglas County Jail and Youth Services:</P> <P>&nbsp;US Foodservice -- produce, meats, dry goods, and frozen goods<BR>&nbsp;Sara Lee Baking Company&nbsp;-- bread<BR>&nbsp;Anderson Erickson Dairy&nbsp;-- dairy</P> <P>Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 06-06-05<BR></STRONG>Rick Miller, GIS Coordinator, and Dennis Albers, GIS Assistant Coordinator, conducted a brief presentation of the Douglas County Geographic Information System (GIS). No action was taken.</P> <P><STRONG>PLANNING 06-06-05</STRONG><BR>Linda Finger, Director of the Lawrence-Douglas County Metropolitan Planning Department, discussed the timeline to update the Subdivision Regulations. It was the consensus of the Board to conduct a joint work session with the Lawrence City Commission and Lawrence-Douglas County Metropolitan Planning Commission. No action was taken.</P> <P><STRONG>ACCOUNTS PAYABLE 06-06-05</STRONG><BR>Johnson moved approval of accounts payable in the amounts of $196,091.61 to be paid 05/31/05 and $194,850.72 to be paid 06/06/05; and accounts payable manual checks in the amounts of $1,368.24 and $24,163.55. Jones seconded and the motion carried unanimously.</P> <P><STRONG>PROPERTY VALUATION 06-06-05</STRONG><BR>Delbert Sheldon, Baldwin City, Kansas, appeared before the Board to discuss issues with the Appraiser's Department. No action was taken.</P> <P><STRONG>PURCHASING 06-06-05</STRONG><BR>Pam Madl, Assistant County Administrator, advised the Board that the Maintenance Department is in need of replacing their skid steer. Jones made a motion that the bid requirements of the Purchasing Policy be waived and Commissioner McElhaney be authorized to negotiate the purchase of one (1) skid steer for the Maintenance Department. Motion was seconded by Johnson and carried unanimously.</P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Member</P> <P>&nbsp;</P>

<P>Jones called the meeting to order at 5:08 P.M. on Monday, April 18, 2005 with all members present. </P> <P><STRONG>CONSENT AGENDA 04-18-05<BR></STRONG>Jones moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5312 and 5313. Orders are on file in the Office of the County Clerk; and</LI> <LI>Approve License to Construct and Easement for Oil/Water Pipelines between Douglas County, Kansas and Colt Energy, Inc. </LI></UL> <P>Motion was seconded by Johnson and carried unanimously.</P> <P>It should be noted that McElhaney stated for the record that he owns land within the area of the easement and is not receiving any compensation.</P> <P><STRONG>SHERIFF &amp; PURCHASING 04-18-05</STRONG><BR>The Board discussed a request from the Sheriff to purchase one (1) vehicle for the Drug Enforcement Unit. Sheriff Ken McGovern was present for the discussion. McGovern's request was to waive the bidding process of the Purchasing Policy to purchase a used vehicle. McGovern noted that $16,000 is budgeted yearly for the Drug Enforcement Unit for the purchase of a vehicle and requested authorization to use these funds to purchase a non-descript used vehicle to be used for undercover surveillance. </P> <P>After discussion, McElhaney made a motion that the Sheriff be authorized to purchase and trade used vehicles for the Drug Enforcement Unit in an amount not to exceed $16,000/year. For this purpose, the Commission waives the normal bidding requirements of the Purchasing Policy for the specific purpose of buying and trading in a used vehicle for the Drug Enforcement Unit. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PARKS -- LONE STAR 04-18-05<BR></STRONG>The Board considered a request received from KLM Marketing Solutions on behalf of Lawrence Memorial Hospital to hold the LMH Triathlon at Lone Star Lake on Saturday, July 23 and Sunday, July 24, 2005. The request includes authorization to close the Lone Star Beach and Marina area to swimmers and the general public from 8:00 A.M. Saturday, July 23rd until noon Sunday, July 24th. The request also includes assistance from the Maintenance and Sheriff's Departments at KLM's expense. After discussion, McElhaney made a motion to approve the request, seconded by Jones and carried unanimously.</P> <P><STRONG>PLANNING 04-18-05</STRONG><BR>The Board discussed rural development issues with Linda Finger, Director of the Lawrence-Douglas County Metropolitan Planning Department. Finger suggested the concept of a pattern book for development within the Urban Growth Area (UGA). Certain criteria would need to be met instead of the use of contiguity. </P> <P>Jones stated he though this was conceptually worth doing. </P> <P>Finger also discussed the 5-acre exemption outside the Urban Growth Area. </P> <P>McElhaney stated that within the UGA, the annexation policy would need to change. There could be a Commission that refuses to annex.</P> <P>Finger agreed that the City and County Commissions need to change annexation policies; need to deal with Service Areas 1 and 2; need to talk about water; and look at areas to the south since it is possible there wouldn't be any service from the rural water district.</P> <P>Johnson noted that rural water is preferred -- not wells.</P> <P>Jones agreed that water needs to be discussed. A chapter was developed, and there is some movement toward 20-acre exemption with some provisions. </P> <P>Finger indicated the Planning Commission is working on this chapter.</P> <P>Johnson stated that he believed the chapter was dead on arrival and that the Planning Commission would be ill-advised to proceed. He stated that when it is presented to the Commission, he would like it to be something that is likely to be adopted.</P> <P>McElhaney stated he thought the Planning Commission should be asked to stop their work on this chapter.</P> <P>Jones suggested that staff let the Planning Commission know that the County Commission appreciates their efforts, but they're working on something that can't be sold. He strongly recommended they stop working on it and focus on what the County Commission has asked for. He suggested that a study group be established with Linda and invite the Planning Commission to observe so they can hear the County Commission's direction.</P> <P>McElhaney requested maps with the initiatives and directives.</P> <P>No action was taken.</P> <P><STRONG>ACCOUNTS PAYABLE 04-18-05</STRONG><BR>Jones moved approval of accounts payable in the amount of $314,132.07 to be paid 04/18/05; accounts payable manual checks in the amount of $1,368.24; payroll in the amount of $631,064.04; and electronic funds transfers in the amounts of $45,088.86 for FICA and $41,174.31 for KPERS to be paid 04/15/05. Motion was seconded by Johnson and carried unanimously.</P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Jere McElhaney, Member<BR></P>

<P>Jones called the meeting to order at 8:32 A.M. on Monday, May 23, 2005 with all members present. The Pledge of Allegiance was recited.</P> <P>Jones moved approval of the minutes April 25, May 2, May 4, and May 16, 2005. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>CONSENT AGENDA 05-23-05</STRONG><BR>There were no consent items.</P> <P><STRONG>PLANNING 05-23-05</STRONG><BR>The Board considered SP-10-71-04: A site plan for Frontier Farm Credit, office building to be located on north side of Highway 56 approximately 1,100 feet east of the Baldwin Junction (Highway 59 &amp; 56). Submitted by Landplan Engineering and Clark Enerson Partners for Frontier Farm Credit, property owner of record. Paul Patterson, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item.</P> <P>The site plan proposes the construction of a 9,245 gross square foot, one-story Frontier Farm Credit office facility on the subject property. The property was recently rezoned to B-2 General Business and has been platted. There is an existing residence and outbuilding which will be removed from the property.</P> <P>The plan shows a future addition containing approximately 1,300 square feet on the west end of the building. Prior to a building permit being issued for the future building addition, a revised site plan would need to be submitted.</P> <P>Patterson recommended approval of the site plan subject to the following conditions:</P> <P>1. Obtain an access permit from the Kansas Department of Transportation.<BR>2. Provide modifications to General Notes:<BR>a. Note No. 4; change "City of Lawrence Standard Type 1" to a description of the curb and gutter improvement.<BR>b. Note No. 8; change "City of Lawrence Standards" to a description of the curb inlet improvements.<BR>c. Note No. 10; change "area" to are "my" to may.<BR>3. Provision of the following notes on the face of the site plan:<BR>a. "Exterior lights to be shielded so as not to glare off-site per Sec tion 19A-4.12."<BR>b. "A revised site plan will need to be submitted before a building permit is issued for the proposed future building expansion to the west."<BR>c. "Access to U.S. Highway 56 is limited to the area east of a point 420 feet east of the centerline of U.S. Highway 59 Frontage Road."<BR>4. Modify the legal description to include: Platted as Frontier Farm Credit Addition, Block One, Lot 1.<BR>5. Include the "KDOT Right-of-Way" and "Hatching indicates area of prohibited access (see "notes")" as indicated on the Final Plat.</P> <P>Tim Herndon, Landplan Engineering, appearing on behalf of the applicant, noted that the applicant is comfortable with the conditions.</P> <P>Jones made a motion to approve SP-10-71-04 subject to the above conditions. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>ZONING 05-23-05</STRONG><BR>The Board discussed the Douglas County Addressing Policy. Keith Dabney, Director of Zoning &amp; Codes, stated that the members of the Addressing Committee included the following:</P> <P>Keith Browning, P.E., Director of Public Works/County Engineer<BR>Marion Johnson, County Appraiser<BR>Jim Denney, Director of Emergency Communications<BR>Rick Miller, GIS Coordinator<BR>Keith Dabney, Director of Zoning and Codes</P> <P>The Committee met and discussed all issues pertaining to the current Douglas County Addressing Policy. As part of these meetings, research was conducted to determine what types of addressing policies or addressing protocol exist throughout the State of Kansas. The Committee determined that Douglas County's policy is consistent with Johnson County, Sedgwick County, and Miami County, as well as other counties, and recommends that the policy remain as is.</P> <P>Jones noted that the reason this study was prompted was due to a request received from homeowners who share an entrance. The homeowners are requesting a unique address instead of being assigned "a" or "b" on their address. </P> <P>It was the consensus of the Board that the current policy remain. No action was taken.</P> <P><STRONG>PUBLIC WORKS 05-23-05</STRONG><BR>Keith Browning, Director of Public Works/County Engineer, requested permission to seek bids for Project No. 2004-8 -- Route 442 Mill, Overlay and Paved Shoulders from Route 1029 to US-40. The referenced project is included in the CIP for construction this year. Plans have been completed by department staff. The project entails 2'-deep milling and asphalt overlay for the traveled lanes and construction of 6'-wide paved shoulders. The project also includes full pavement replacement for the approaches to the bridge located approximately 0.37 miles east of Route 1029. Pavement would be replaced from 20' west of the bridge to 30' east of the bridge with replacement pavement consisting of 8" concrete pavement with 2" asphalt overlay. The project is currently estimated to cost $380,000. After discussion, McElhaney made a motion to approve to seek bids for Project No. 2004-8, which includes 2" mill and overlay of existing traveled lanes and construction of 6'-wide paved shoulders for Route 442 from Route 1029 to US-40 Highway. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>RESOLUTIONS, PLANNING, PUBLIC WORKS &amp; ZONING 05-23-05<BR></STRONG>At their meeting on Wednesday, May 18, 2005, the Board briefly discussed the possibility of adopting a moratorium on the 5 acre exemption. Evan Ice, County Counselor, presented two separate drafts of a resolution for the Board's consideration, one of which included a clause which would exempt tracts in certain recorded surveys.</P> <P>Jones stated he believed this moratorium was necessary because people are using it as a way to develop property instead of its intent, which was to grant a farmer the means to divide his/her property to build for family members.</P> <P>Johnson expressed his desire to not penalize anyone for costs incurred if they had already started the process.</P> <P>McElhaney questioned whether it was a good idea to approve a moratorium without documentation that there really is a problem.</P> <P>Jones asked for public comment.</P> <P>Bill Harmon, who lives near Baldwin City and is the President of the Baldwin City Chamber, stated he was against the proposal and believed it should be put before the public for a vote.</P> <P>Philip Bradley, appearing on behalf of Ted and Peach Madl, expressed concerns about the moratorium and requested that it not be approved. </P> <P>Bobbie Flory, appearing on behalf of the Homebuilders Association, also expressed concerns and stated she did not believe a moratorium should be imposed.</P> <P>Jones stated that he believed the moratorium was necessary in order to slow things down to give the Board time to come up with a policy that makes sense.</P> <P>McElhaney stated he would like to see hard numbers from staff to see whether the accelerated building is due to normal spring building activity. </P> <P>Michael Kelly, County Surveyor, stated that he conducted an informal poll of recorded surveys and found that approximately 70 surveys (parcels) in the vicinity of 5-6 acres were created in 2003 and 2004. Kelly also reported that there were approximately 70 surveys recorded in the first three (3) months of 2005.</P> <P>McElhaney questioned whether these surveys were outside or inside the Urban Growth Area (UGA) or both. </P> <P>Kelly responded that some were within the UGA.</P> <P>Kay Pesnell, Register of Deeds, reported that since the Board first discussed the moratorium, they have had an increase of recordings. </P> <P>Dave Hill, rural resident of Baldwin City and loan officer with MidAmerica Bank, stated he was against any changes in the 5-acre exemption. Hill noted that it is difficult to finance property any time you go above 10 acres since mortgage companies want to see land that d&#160;s not exceed 30% of total value.</P> <P>Jones asked what the exemption is in other counties.</P> <P>Hill responded that it is 20 acres in Miami County.</P> <P>Dennis Snodgrass, 1042 E 850 Road, spoke in opposition of the moratorium, noting moratoriums should be used in emergency situations -- this has been an ongoing issue for several years.</P> <P>Scott Schultz, District Administrator of Rural Water District #4, noted that Rural Water District Nos. 4 and 5 would likely suffer from the moratorium since they fall into the County's jurisdiction for territory boundaries, but don't contribute to the budgets. Rural Water District No. 4 is making plans to purchase inventory to sell new meters, and any changes would undermine their ability to plan and forecast. Schultz also stated that he believed the land rush started when the revisions to Chapter 13 came out. </P> <P>McElhaney questioned how many meters an individual typically purchase.</P> <P>Schultz replied that 90-95% of applicants purchase one (1) meter, but if some one has a plat in process, they might purchase ten (10).</P> <P>Jones stated he didn't think that the financial implications of the water districts should trump a sound planning decision. He said he believed we could work to mitigate economic problems and part of this discussion has arisen because we are not enthusiastic about the revisions to Chapter 13.</P> <P>Mike Capra, 43 N 1 Road, agreed with the frustrations with the Planning Commission, noting that real estate lawyers can't even understand the proposed revisions to Chapter 13. He said that in a study of the cities surrounding Lawrence, the majority of their planning commissioners are made up of professionals, we have none. We don't have any architects, real estate lawyers, engineers, etc. It has become a political body. Capra recommended that if we want to fix the problem, then we should hire professionals. </P> <P>Craig Brown, real estate agent, said that if we have a moratorium on building permits, we essentially force the dice in hands of people who make their living in the County. It will put a freezeframe on activity. Without knowing if the rules will be changed to 10, 20, 30 acres, they will be hard pressed to do any constructive planning. Brown suggested adopting some kind of policy allowing the Zoning &amp; Codes office some latitude in granting or denying building permits.</P> <P>Jones said he wants to create a playing field with a set of rules and deal with the issue in order to provide a certain sense of clarity of where development should occur. He said he believed that an exemption provision in the moratorium could be addressed.</P> <P>McElhaney said that he believes there is a playing field in place and that field was extended with the expansion of the Urban Growth Area. If changes are going to be made in the 5-acre exemption, it should be done in a concise, deliberate manner. He said he believed the moratorium would have an economic detriment on people who are in the building/construction trade industry. This Commission is thinking about funding the Biosciences Task Force but denying the process in the building industry. He said he was concerned with the economic impact.</P> <P>Jones said he didn't disagree but believes that in the long run, this will be a savings to the average taxpayer.</P> <P>Johnson stated that it is important not to put the Zoning &amp; Codes Department in a position where they have to make judgments based on the "good old boy network."</P> <P>David Reynolds, a general contractor, asked if the moratorium would impact an existing rural platted subdivision that was approved in 2000.</P> <P>Johnson stated that he would not be impacted.</P> <P>Reynolds then noted that he was considering the purchase of 40 acres that is contiguous to the subdivision and questioned whether the moratorium would kill the platting process.</P> <P>Linda Finger, Director of the Lawrence-Douglas County Metropolitan Planning Department, responded that the platting process would be the same as it has been. She suggested that the moratorium include language that is specific to what can and what cannot be done in order to avoid confusion.</P> <P>Reynolds then noted that he did not believe that using a moratorium as a planning tool was very positive.</P> <P>Glen Rogers questioned the process if a person has 3-4 tracts that are recorded and surveyed.</P> <P>Finger responded that if there are separate deeds, they will be looked at as separate tracts.</P> <P>Louie McElhaney, 1371 N 1100 Road, commented that the 5-acre exemption has been a hot issue for many years and that he is opposed to the moratorium. He stated he did not believe that due process was taken. He noted that he owns 39 acres that wouldn't fit into the 40 acre platting system. If it takes 20 acres to build a house and he sells that 20 acres, what would he do with the remaining 19 acres1/2</P> <P>Bill Fleming, attorney with the Barber Emerson Law Firm, stated that he represents clients with development issues and he would have a lot of clients impacted by the moratorium. He pointed out that there is a process to make changes. If the Commission wants new planning rules, they should come up with proposals. He stated that he believes this is bad planning and it is a bad idea to impose a moratorium. Fleming also made comments about the "requirement" that rural subdivisions need to be contiguous. A policy needs to be developed outlining how rural subdivisions should occur within the County. He noted that if one (1) person protests to a subdivision, you can't go forward without a unanimous vote from the County Commission which is why people abuse the 5-acre exemption -- they have no other options. Planning rules need to be set out that recognize rural subdivisions.</P> <P>Jones stated that the County d&#160;sn't want subdivisions popping up just any where anyone wants to build them. We need to come up with better tools and some sort of functional rule where subdivisions are allowed.</P> <P>Scott Stockwell, 2038 Emerald Drive, pointed out that the landowners are acting rationally -- we have an established planning process which is under revision with eight (8) different versions. That is an indication that perhaps people have something to be worried about. He stated that a moratorium would be a failure of the process and would not be a positive reflection on this Commission. The current process is not working, but the moratorium puts pressure on landowners. What happens if six (6) months go by and the problem has not been resolved1/2 This is not good long-term planning. He urged the Commission to take their time to work things out and give people a better alternative. It is important to provide a deliberative process.</P> <P>Jones said that the 5-acre exemption is creating a wave of problems. A land rush is happening in response to recent discussions which have the potential of creating a lot of problems that could potentially cost a lot of time and money to resolve. The purpose of the moratorium is to stop the land rush and give the Commission time to address the issues. In the long run, we will have a better policy and more stability. He stated he believes the Board should adopt the resolution effective immediately, for a period of six (6) months, giving staff and the Commission time to adopt permanent regulations. </P> <P>McElhaney stated that he would not support the moratorium and that he did not believe there has been a land rush. He noted there has been increased activity, but he believes it is because of a change in economic times.</P> <P>Johnson stated that he proposed the moratorium discussion because he believes the Commission needs to get together on this issue. He noted that he didn't particularly care for moratoriums, but after seeing the latest revisions to Chapter 13, he wanted to explore other options. It is clear that nobody is happy with where we are or where we are going. He said he didn't believe it would be fair to approve the moratorium today since this proposal came up so quickly. Johnson noted that when he campaigned 5-6 years ago, the subject of the 5- acre exemption came up frequently. He said he didn't have a problem eliminating the 5-acre exemption if the Commission can find something to put in its place that creates a win-win situation for the property owner and the planning process. This is an opportunity for us working as a County Commission working with the Planning Commission to barter and do this process to find a win-win situation. The abuse of the 5-acre exemption today is because people have no alternative. They have no reasonable expectation for an alternative. The adoption of the moratorium d&#160;s not eliminate the 5-acre exemption, it is more of a temporary "time out." Johnson suggested that the moratorium be effective June 1 and should expire in six (6) months, with the stipulation that the moratorium will not and can not be extended. Johnson further stated that the purpose of the moratorium was not to eliminate the 5-acre exemption, but to eliminate the 5-acre exemption being used to create subdivisions. He suggested that the Commission table a final decision until June 8, 2005. </P> <P>No action was taken. This item is scheduled for further consideration on June 8, 2005.</P> <P><STRONG>ACCOUNTS PAYABLE 05-23-05</STRONG><BR>Jones moved approval of accounts payable in the amount of $200,821.25 to be paid 05/23/05. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>APPOINTMENTS 05-23-05<BR></STRONG>Jones made a motion to appoint Rick Trapp, Lawrence, Kansas, to serve as the joint city/county appointment on the Lawrence-Douglas County Mental Health Board for a three (3) year term which shall expire May 31, 2008. Motion was seconded by Johnson and carried unanimously. It should be noted that Trapp replaces Marilyn Bittenbender who was not eligible for reappointment. </P> <P><STRONG>APPOINTMENTS 05-23-05</STRONG><BR>McElhaney made a motion to appoint John Hope, Lawrence, Kansas, to the Jayhawk Area Agency on Aging Advisory Council. Motion was seconded by Johnson and carried unanimously. It should be noted that Hope is filling the unexpired term of Marsha Goff who was appointed to the Jayhawk Area Agency on Aging Board of Directors. Hope's term shall expire on September 30, 2006.</P> <P><STRONG>PUBLIC WORKS 05-23-05</STRONG><BR>Johnson made a motion that Jones be authorized to execute a statement for the Kansas Department of Health &amp; Environment noting that Hi-Tech Antifreeze Recycling is consistent with Douglas County's Solid Waste Management Plan. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 05-23-05<BR></STRONG>At 11:50 A.M., Jones made a motion that the Board recess to go into executive session until 12:15 P.M. with Craig Weinaug, County Administrator; Pam Madl, Assistant County Administrator; Keith Dabney, Director of Zoning &amp; Codes; and Evan Ice, County Counselor, to discuss potential litigation. The Board returned to regular session at 12:12 P.M. No action was taken.</P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P></P> <P>_____________________________ _____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P> <P></P>

<P>Jones called the meeting to order at 6:37 P.M. on Wednesday, June 8, 2005 with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 06-08-05</STRONG><BR>There were no consent items.</P> <P><STRONG>PUBLIC WORKS 06-08-05</STRONG><BR>Keith Browning, Director of Public Works/County Engineer, appeared before the Board requesting authorization to solicit bids for hot-in-place recycling work on 3.8 miles of county routes during the 2005 contract maintenance season. Browning stated that road inspections conducted this spring identified three route segments for which hot-in-place recycling (HIR) could be used to rehabilitate deteriorating surfaces. Hot-in-place recycling is an on-site, in-place method that rehabilitates deteriorated bituminous pavements and thereby minimizes the use of new materials. This process may be performed as either a single pass (one phase) operation that monolithically recombines the restored pavement with virgin material, or as a two pass procedure, wherein the restored material is recompacted and the application of the new wearing surface then follows a prescribed interim period that separates the process into two distinct phases. It is designed to address surface distresses or deterioration on pavements that have a sound base.</P> <P>The three locations for HIR work are:</P> <P>Route 1061 from N 1300 Road to N 1200 Road<BR>Route 1055 from N 450 to N 550 Road (Baldwin Hill)<BR>Route 460 from US 59 Highway to E 1452 Road</P> <P>After discussion, Jones made a motion to authorize the solicitation of bids for hot-in-place recycling work on 3.8 miles of county routes during the 2005 contract maintenance season. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>ZONING, PUBLIC WORKS &amp; RESOLUTIONS 06-08-05<BR></STRONG>The Board considered approval of a Home Rule Resolution providing for the temporary prohibition of the issuance of permits for the construction or placement of dwellings and mobile homes on certain tracts relying on the 5-acre exemption. Bill Harmon, J&#160; Skeeha and Leslie Renard made brief comments. After discussion, Johnson made a motion to approve Home Rule Resolution No. HR-05-6-5 providing for the temporary prohibition of the issuance of permits for the construction or placement of dwellings and mobile homes on certain tracts relying on the 5-acre exemption. Motion was seconded by Jones and carried unanimously.</P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P></P> <P>_____________________________ _____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member<BR></P>

<P>Jones called the meeting to order at 6:35 P.M. on Wednesday, June 29, 2005 with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 06-29-05<BR></STRONG>There were no consent items.</P> <P><STRONG>ZONING 06-29-05<BR></STRONG>Keith Dabney, Director of Zoning and Codes, presented two (2) Applications for Class B &amp; Class C Public Fireworks Display Permits for the Board's consideration. These applications were received from Brent Lathrom and Citizens for Baldwin City. Dabney explained that these applications were received after the deadline, but recommended that the Board waive the process and approve the applications since there was some confusion due to the new fireworks regulations that were passed in March of this year. Jones made a motion to waive the application process and approve the Class B Fireworks Display Applications for Brent Lathrom and Citizens for Baldwin City. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 06-29-05</STRONG><BR>The Board discussed a proposal to add elephants to the existing Douglas County Vicious Animal Ordinance and no longer exempt traveling circuses from the Ordinance. Judy Carman, Mary Prewitt and Ann Wilson, representing Animal Outreach of Kansas (AOK), and Midge Grinstead, Director of the Lawrence Humane Society, were present for the discussion. This matter was previously discussed on April 4, 2005 and May 12, 2004. At the April 4, 2005 meeting, McElhaney proposed a certification process and the possibility of requiring a Conditional Use Permit for traveling circuses, but no action was taken. </P> <P>Pam Madl, Assistant County Administrator, noted that she had spoken with Evan Ice, County Counselor, and advised the Commission that the proposal under consideration would only cover the unincorporated area of Douglas County. The Fairgrounds would not be covered under this proposal.</P> <P>Midge Grinstead, Director of Lawrence Humane Society, stated that she checked into the possibility of a permit system and found it wasn't a viable option for Douglas County, particularly since we don't have any veterinarians in this area specializing in exotic animals. Grinstead noted concerns about the diseases these animals can pass to humans, such as TB. She said that many of these diseases can live in the environment for years causing problems with livestock. She also talked about the numerous complaints the Humane Society receives when these traveling shows come to town. In a couple of instances, the circuses left in the middle of the night after she called law enforcement for assistance. Grinstead stated her dealings have been poor with people that have exotic animals in their shows. </P> <P>McElhaney questioned whether they are required to provide proof of ownership or immunizations.</P> <P>Grinstead stated that nothing is provided unless someone has been bitten.</P> <P>McElhaney then questioned whether they had to have posted regulations.</P> <P>Grinstead did not know the answer to McElhaney's question, but stated it could possibly be a requirement of USDA. </P> <P>McElhaney questioned how inspection procedures were different for the traveling shows than for 4-H. </P> <P>Grinstead said there were no rules for exotics -- the Commission would have to adopt regulations requiring proof of immunizations. She stated again that there were no local veterinarians in this area qualified to deal with exotic animals.</P> <P>McElhaney asked if we had a way to enforce regulations with livestock and the 4- H program.</P> <P>Grinstead said that we do have people in this community that are qualified to check these animals.</P> <P>Jones asked whether there were plans to come back in the future asking for regulations on shows that deal with domestic animals.</P> <P>Grinstead stated that the Humane Society would never support such a request -- it is not their job. She also stated that exotic animals are not their job either.</P> <P>Jones noted that exotic animals make it impossible to transport which is not true of cattle. We have no capacity in this community to check the exotic animal's health, but we do have the authority and skills in this community for livestock.</P> <P>Jones asked for public comment.</P> <P>Ellis Ralph Hayden, Lawrence, Kansas, spoke in opposition to the ban.</P> <P>Danny McMillan, Baldwin City, Kansas, spoke in opposition to the ban.</P> <P>Doug Rich, 3602 Yale Road, Lawrence, past member of Douglas County Fair Board, noted that he had been involved in the meetings with AOK and feels like the statutes currently on the books pertaining to exotic animals are sufficient.</P> <P>Halley Godfrey, new resident of Lawrence, previously from central Kansas, stated that she has been involved in exotic animal entertainment her entire life. Her family's business takes animals all over the country. She pointed out that most problems are with disreputable circuses. There are many reputable circuses such as Ringling Brothers, Barnum &amp; Bailey and Shriner's. They maintain good records and are easily tracked. If a show can't find their records, that should be a red flag and you probably don't want them in your area. Reputable circuses love their animals -- if you take care of your animals, they'll take care of you. She noted that the USDA has permission to come in unannounced at any time, night or day, to inspect. She suggested that many steps can be taken before a ban is put into place.</P> <P>Jones asked how a distinction can be made between reputable and disreputable shows.</P> <P>Godfrey responded that the easiest way would be to require any event to apply for a permit. Most reputable circuses have been around 25+ years.</P> <P>Becky McMillan stated that she supports circuses and would support permit requirements.</P> <P>Ann Wilson, speaking on behalf of AOK, noted she grew up in Hutchinson, Kansas and has been to many circuses. She presented a USDA Fact Sheet showing various citations of circuses. She noted that many elephants have died in box cars due to heat. They belong in the wild -- not in captivity. She also stated that this proposal is for exotic animals only -- they have no intention of pursuing rodeos, 4-H, etc.</P> <P>Judy Carman, speaking on behalf of AOK, noted that these regulations would be for caged animals only. She also noted that since 1990 more than 50 people have been killed and over 100 injured just by elephants in circuses.</P> <P>McElhaney stated he has had a lot of contact with the Douglas County Fair Board, Douglas County Farm Bureau, the Extension Office, and the rural community involved in the livestock/agricultural business. McElhaney indicated he would be in support of this ban, but noted concerns that this type of regulation will lead to additional bans down the road that would impact the 4-H and Fair programs. He asked AOK if it was their understanding that this would have no impact on the 4-H Fair.</P> <P>The representatives of AOK agreed that this would have no impact on the 4-H Fair.</P> <P>McElhaney then stated that he would support the ban mainly out of concern of the disease problems/complications. He also noted that agri-terrorism could be a threat by transporting exotics that are carrying disease.</P> <P>Jones also indicated he would support the ban. </P> <P>Johnson stated he would not support the ban as proposed. He stated that while he shares and agrees with the concerns about diseases and health issues, he is not willing to say we should give up on circuses. He didn't see the need to ban circuses because of a few bad experiences. </P> <P>Jones made a motion that the County Counselor be directed to draft a resolution amending the Douglas County Code as follows:</P> <P>Additions are indicated in italics<BR>Deletions are indicated in strikethrough.</P> <P>Chapter II. ANIMAL CONTROL<BR>Article 1. Vicious Animals</P> <P>2-101. DEFINITIONS: As used in this article, unless the context clearly indicates otherwise, the following words and terms shall have the following meanings:</P> <P>(d) Dangerous Exotic Animal -- Any live animal which, due to its inherent nature, may be considered dangerous to humans, including a non-human primate or prosimian (chimpanzees, monkeys) and any member of the canidae, felidae, or ursidae, or proboscidae families, including hybrids thereof, and which include:</P> <P>(1) Any member of the dog (canid) family not customarily domesticated by man, any hybrids thereof, including wolf hybrids which are a cross between a wolf and a domestic dog, but not including domestic dogs (Canis familiaris);</P> <P>(2) Any member of the cat family weighing over fifteen (15) pounds not customarily domesticated by man, or any hybrids thereof, but not including domestic cats (Felis catus);</P> <P>(3) Any member of the bear (ursidae) family or any hybrids there of;</P> <P>(4) Any member of the elephant (proboscidae) family, or any hybrids thereof.</P> <P>2-102. ANIMAL CARE: The following shall apply to animals and Owners and Possessors thereof:</P> <P>(c) Dangerous Exotic Animals -- It is unlawful to Own or Possess a Dangerous Exotic Animal in the unincorporated areas of Douglas County, Kansas.</P> <P>(1) Exclusion, Zoos, Circuses, and Other Facilities -- The provisions of the Section shall not apply to properly maintained zoological parks accredited by the Association of Zoos and Aquariums; traveling circus; licensed or accredited medical institutions; accredited educational institutions; veterinary clinics or humane societies in possession of Dangerous Exotic Animals for im poundment, treatment, or rehabilitation purposes; or wildlife rescue facilities as designated by the Kansas Department of Wildlife and Parks.</P> <P>(2) Exclusion, Transitional Transporting -- The provisions of this Section shall not apply to persons transporting Dangerous Exotic Animals through Douglas County, provided that the transit time through Douglas County shall not be more than twelve (12) hours.</P> <P>Motion was seconded by McElhaney and carried with Johnson opposed.</P> <P><STRONG>MISCELLANEOUS 06-29-05</STRONG><BR>Rick Miller, GIS Coordinator, and Michael Kelly, County Surveyor, conducted a presentation on the GIS Data Inventory. No action was taken.</P> <P><STRONG>ACCOUNTS PAYABLE 06-29-05</STRONG><BR>Jones moved approval of accounts payable in the amount of $818,898.90 to be paid 07/05/05; accounts payable manual checks in the amount of $11,700.00; payroll in the amount of $660,037.95; electronic funds transfers in the amounts of $48,570.42 for FICA and $45,778.10 for KPERS to be paid 06/24/05; and ACH Bank Transfer in the amount of $2,129,036.25 to be paid 07/29/05. Motion was seconded by Johnson and carried unanimously.</P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P></P> <P>_____________________________ _____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P> <P></P>

<P>Jones called the meeting to order at 8:37 A.M. on Tuesday, July 5, 2005 with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>BUDGET 07-05-05<BR></STRONG>The Board conducted budget hearings. No action was taken.</P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P> <P>&nbsp;</P>

<P>Jones called the meeting to order at 8:32 A.M. on Wednesday, July 6, 2005 with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>BUDGET 07-06-05</STRONG><BR>The Board conducted budget hearings. No action was taken.</P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Jere McElhaney, Member</P> <P>&nbsp;</P>

<P>Jones called the meeting to order at 6:35 P.M. on Wednesday July 6, 2005 with two members present. McElhaney was absent.</P> <P>Johnson moved approval of the minutes of June 20 and June 27, 2005; Jones seconded and the motion carried.</P> <P><STRONG>CONSENT AGENDA 07-06-05</STRONG><BR>Johnson moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5325. Order is on file in the Office of the County Clerk.</LI></UL> <P>Motion was seconded by Jones and carried.</P> <P><STRONG>BUDGET 07-06-05</STRONG><BR>The Board solicited input from the public on the 2006 budget. No comments were received.</P> <P><STRONG>RESOLUTIONS 07-06-05</STRONG><BR>The Board considered approval of a resolution authorizing Sunday sales of cereal malt beverages for on premises consumption. Craig Weinaug, County Administrator, explained that this resolution allows Sunday sales of cereal malt beverages (3.2 beer) at restaurants in the County. Each city can adopt a similar resolution which applies within the city limits. The County's resolution applies within the entire County -- even inside city limits. The City of Lawrence currently allows cereal malt beverage sales on Sundays. If the other cities in the County haven't adopted such a resolution, this resolution will allow Sunday sales at restaurants in those cities. After discussion, Johnson moved approval of Resolution No. 05-25 authorizing Sunday sales of cereal malt beverages for on premises consumption. Motion was seconded by Jones and carried.</P> <P>The Board then discussed new legislation that was passed last spring which becomes effective on November 15, 2005. The following information was prepared by Evan Ice, County Counselor:</P> <P>&nbsp;1.&nbsp;Sunday Sales of Cereal Malt Beverages at Restaurants.<BR>&nbsp;<BR>&nbsp;&nbsp;A.&nbsp;Current Law<BR>&nbsp;<BR>&nbsp;The general rule is that the sale of cereal malt beverages (beer or malt liquor having an alcoholic content of not more than 3.2% alcohol by weight) is not allowed on Sundays. K.S.A. 41-2704 (as in effect on July 5, 2005), however, permits the Board of County Commissioners to adopt a resolution allowing Sunday sales of cereal malt beverages at a business located in the county that derives at least 30% of its gross receipts from the sale of food (referred to as a "restaurant"). If such a resolution is adopted, Sunday sales are authorized at restaurants in the entire county, not just the unincorporated areas of the county. There is a corresponding provision in the statute that allows cities to adopt an ordinance allowing Sunday sales of cereal malt beverages at such businesses within the city limits. If the County Commissioners adopt a resolution, however, Sunday sales are also allowed within the boundaries of cities, even if the city has not been previously adopted an ordinance allowing Sunday sales. This interpretation has been confirmed with the Director of the Kansas Alcoholic Beverage Control of the Department of Revenue. The hours of permitted sales are generally between 6 a.m. and 12 midnight.</P> <P>&nbsp;&nbsp;B. Law Effective November 15, 2005</P> <P>&nbsp;Senate Bill 298, enacted in 2005, amends K.S.A. 41-2704 effective November 15, 2005. Beginning November 15th, the statute makes a distinction between counties that have adopted resolutions allowing Sunday sales of cereal malt beverages for off-premises consumption and those that have not. Counties that allow Sunday sales of cereal malt beverages for off-premises consumption automatically allow Sunday sales of cereal malt beverages at restaurants. Counties that do not allow Sunday sales of cereal malt beverages for off-premises consumption may continue to choose whether to allow Sunday sales at restaurants. A resolution adopted prior to November 15th allowing Sunday sales at restaurants will continue to apply if the county commission takes no additional action to allow Sunday sales of cereal malt beverages for off-premises consumption.</P> <P>&nbsp;2.&nbsp;Sunday Sales of Cereal Malt Beverages in Original Package (for Off-Premises Consumption) -- Commencing November 15, 2005<BR>&nbsp;<BR>&nbsp;&nbsp;A.&nbsp;Resolution Allowing Sunday Sales.<BR>&nbsp;<BR>&nbsp;The general rule is that Sunday sales of cereal malt beverages in the original package for off-premises consumption (i.e., sales at grocery and convenience stores) are not allowed. Beginning November 15, 2005, Section 9 of Senate Bill 298 allows the Board of County Commissioners to permit Sunday sales of cereal malt beverages in the original package at any business located in the unincorporated areas of the county. A resolution permitting Sunday sales must be published one time within two weeks after its adoption and cannot become effective before the later of (i) 60 days following the date of its publication, or (ii) November 15, 2005.</P> <P>&nbsp;&nbsp;B.&nbsp;Protest Petition and Election<BR>.</P> <P>&nbsp;A resolution allowing Sunday sales of cereal malt beverages in the original package is similar to a charter resolution in that it is subject to a protest petition and election. If a protest petition is (i) signed by voters residing in the unincorporated areas of the county equal in number to not less than 5% of the votes of the county by voters residing in the unincorporated areas of the county who voted for the office of President of the United States in the last election (a total of 341 signatures according to numbers obtained from the Douglas County Clerk's Office), and (ii) filed with the county clerk within 60 days following publication of the resolution, the resolution cannot become effective until the proposition is submitted to a countywide election. Note that only voters residing in the unincorporated areas of the county can sign the petition, but it appears that the election is open to all voters of the county.</P> <P>&nbsp;&nbsp;C.&nbsp;Referendum to Allow Sunday Sales.</P> <P>&nbsp;If the Board of County Commissioners d&#160;s not adopt a resolution allowing Sunday sales of cereal malt beverages in the original package, Section 9 of Senate Bill 298 provides for a petition to force an election to permit Sunday sales. Such a petition must be signed by the same number of voters residing in the unincorporated areas for a protest petition described in Paragraph B. Thus, voters residing in the unincorporated areas representing 5% of the votes for President in the last general election may force an election to repeal a resolution allowing Sunday sales or may force an election to allow Sunday sales. In either case, the election must be held within 45 days after submission of the petition unless a countywide primary or general election is to be held within 90 days after submission of the petition, in which case the proposition must be submitted at the countywide election.</P> <P>&nbsp;&nbsp;D.&nbsp;Exempted Sundays and Times.<BR>&nbsp;<BR>&nbsp;Even if Sunday sales are allowed, sales are still prohibited on Easter Sunday. In addition, the Board of County Commissioners cannot pick and choose the Sundays that the sales are allowed. It is an all or nothing proposition -- either every Sunday (other than Easter Sunday) or no Sunday sales. Similarly, state statute governs the times of Sunday (between 12 noon and 8 p.m.) And the Board of County Commissioners cannot vary those times under the Cereal Malt Beverage Act.</P> <P>&#160;&nbsp;&nbsp;E.&nbsp;Coordination with Sunday Sales of Alcoholic Liquor in the Original Package (for Off-Premises Consumption).<BR>&nbsp;<BR>&nbsp;If Sunday sales of cereal malt beverages in the original package are allowed in the unincorporated areas of the county, then Sunday sales of alcoholic liquor in the original package (retail liquor stores) must also be allowed in any township in which sales of alcoholic liquor are otherwise allowed (i.e., townships having a population of over 5,000). The Board of County Commission ers in the event of it adopts a resolution, or voters in the event of a referendum, cannot allow Sunday sales of cereal malt beverages and disallow Sunday sales of alcoholic liquor or visa versa. Once again, it is an all or nothing proposition.</P> <P>&nbsp;3.&nbsp;Sunday Sales of Alcoholic Liquor in Original Package (for Off- Premises Consumption) -- Commencing November 15, 2005.</P> <P>&nbsp;&nbsp;A.&nbsp;Resolution Allowing Sunday Sales.<BR>&nbsp;<BR>&nbsp;Subject to applicable county zoning requirements, the sale of alcoholic liquor in the original package (i.e., sale at retail liquor stores) is allowed in any township having a population of at least 5,000 people. Sunday sales of alcoholic liquor in the original package are generally prohibited. Commencing November 15, 2005, however, the Board of County Commissioners may allow Sunday sales. The process for doing so is identical to the process for allowing Sunday sales of cereal malt beverages in the original package. Similarly, the process for filing a petition to force a referendum on a proposition to allow Sunday sales of alcoholic liquor is identical. Because the Board of County Commissioners may not allow Sunday sales of cereal malt beverages and disallow Sunday sales of alcoholic liquor or visa versa, it should only adopt one resolution to cover both issues.</P> <P>&nbsp;&nbsp;B.&nbsp;Holidays.<BR>&nbsp;&nbsp;<BR>&nbsp;A County Commission allowing Sunday sales of alcoholic liquor in the unincorporated areas must also allow sales on Memorial Day, Independence Day, and Labor Day. The Board of County Commissioners in the event of it adopts a resolution, or voters in the event of a referendum, cannot allow Sunday sales of alcoholic liquor and disallow sales on any of these three holidays or visa versa. Similarly, sales on Easter Sunday, Thanksgiving Day or Christmas Day cannot be permitted. Once again, it is an all or nothing proposition.</P> <P>&nbsp;&nbsp;C.&nbsp;Exempted Sundays and Times Subject to State Statute.<BR>&nbsp;<BR>&nbsp;Even if Sunday sales are allowed, sales are still prohibited on Easter Sunday. In addition, the Board of County Commissioners cannot pick and choose the Sundays or other holidays that the sales are allowed or disallowed. It is an all or nothing proposition -- either every Sunday (other than Easter Sunday or Christmas Day if on a Sunday), Memorial Day, Independence Day, and Labor Day, or none of those days. Similarly, the time of Sunday sales is by state statute (between 12 noon and 8 p.m.) And the Board of County Commissioners cannot vary those times under the Kansas Liquor Control Act.</P> <P>It was the consensus of the Board to adopt a resolution that would allow for the sale of packaged liquor/beer for sale and directed staff to send a letter to the cities in Douglas County with a copy of the above information, advising them that the Board intends to schedule this item for consideration in mid-August and invite them to attend if they would like to have any input.</P> <P><STRONG>MISCELLANEOUS 07-06-05</STRONG><BR>The Board considered approval of a proposal from the Early Learning Opportunities Act (ELOA) requesting authorization to develop and submit an application to the Administration on Children, Youth and Families, Child Care Bureau. The Board approved this proposal in July 2004, but the grant was not approved. Johnson made a motion to authorize the chair to execute a letter designating the Success BY 6 Coalition of Douglas County as the eligible Local Council for the County of Douglas, Kansas, for the purpose of the Early Learning Opportunities Act (ELOA) discretionary grant program. Motion was seconded by Jones and carried.</P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________<BR>Jamie Shew, County Clerk&nbsp;</P> <P>&nbsp;</P>

<P>Jones called the meeting to order at 6:38 P.M. on Monday, June 22, 2005 with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>PROCLAMATION 06-22-05</STRONG><BR>Jones read a Proclamation recognizing the 150th Anniversary of First Baptist Church. Marcus McFall, pastor of First Baptist Church, was present for the recognition and made brief comments. Johnson made a motion that the Proclamation be adopted as read; Jones seconded and the motion carried unanimously.</P> <P><STRONG>CONSENT AGENDA 06-22-05<BR></STRONG>There were no consent items.</P> <P><STRONG>PLANNING 06-22-05<BR></STRONG>The Board considered Item No. 10 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated February 3, 2005. This item is the draft Southeast Area Plan. The plan generally includes the area bounded on the north by K-10 (E. 23rd Street); on the west by O'Connell Road (E 1600 Road); on the east by Noria Road (E 1750 Road); and on the south by the Wakarusa River floodplain. Sandra Day, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. This item comes to the Board with a 5-4 vote to approve the Southeast Area Plan and forward it to the City Commission and Board of County Commissioners with a recommendation for approval with the land configuration shown and with the following modifications:</P> <UL> <LI>Addition of language about financing public infrastructure;</LI> <LI>Addition of language stating that design standards will be developed to ensure the Employment Center has a "campus" look;</LI> <LI>Franklin Road shall be designed as a multi-modal transportation boulevard;</LI> <LI>Development of a plan for constructing a bridge across the Kaw River;</LI> <LI>Addition of language about connectivity to I-70 and the statement that timing is a high priority issue;</LI> <LI>Addition of signage on Highway K10 to address visibility concerns for businesses in the subject area; and</LI> <LI>Replacement of all references to the undefined term Employment Center to the term(s) defined in Horizon 2020, "Office/Office Research &amp; Industrial."</LI></UL> <P><STRONG>History</STRONG><BR>The development of a Southeast Area Plan began in 1997. The primary issues at that time were: timing of development (land uses); connectivity of the major street network, the location and timing of the eastern leg of the South Lawrence Trafficway (SLT/K10); and the timing of city sanitary sewer and water lines to the study area. Meetings were held with the area property owners to gather their input. Planning staff created a draft land use map for the area on August 13, 1997. Staff presented to the Planning Commission an area plan and a summary of the process. The Planning Commission forwarded the Southeast Area Plan to the County Commission for direction on the access points shown in the plan to the SLT/K10. The County Commission deferred a discussion on access due to another, ongoing study of the eastern alignment of the South Lawrence Trafficway (SLT) after this deferral. The Plan was not approved or adopted by any of the three Commissions.</P> <P>Multiple versions of the plan have been presented to the Planning Commission. The draft plan was referred to the Comprehensive Plan Committee (CPC) for final preparation. The CPC presented two options to the Planning Commission in October 2004. The Planning Commission directed the CPC to pursue a draft referred to as "Option 1" that included a substantial industrial element east of Franklin Road. The proposed plan reflects the Committee's work and discussions with multiple groups and specifically representatives from USD 497 regarding the probability of an elementary school within the study area.</P> <P><STRONG>Boundary of the Plan<BR></STRONG>The Southeast Area Plan encompasses all of Section 9, west 1/2 of Section 10 and portions of Sections 15 &amp; 16 in Township 13 S, Range 19 E. The area plan boundaries are E1750 Road (Noria Road) to the east; the Wakarusa River floodplain to the south; O'Connell Road (E1600) to the west; and K-10 (E. 23rd Street) to the north. The study area is located completely within the Urban Growth Area (Service Area 1). The majority of the study area lies outside of the city limits of Lawrence.</P> <P>Diverse uses surround the study area. The neighborhood to the west is newer and developed predominately with single-family residences. North of the study area land uses are comprised of large industrial properties including, the vacant Farmland fertilizer plant and the East Hills Business Park. South and east of the study area is the Wakarusa River, the Wakarusa Floodplain and agricultural uses.</P> <P>Day noted that approval of this Plan would amend <EM>Horizon 2020</EM> which is a joint document of the City and County Commissions. The City Commission considered this item at their meeting on June 14, 2005, and voted to return the Plan to the Planning Commission for further consideration based on their discussion.</P> <P>Johnson asked how long it would take for the document to come back if it was returned to the Planning Commission. Day responded that she did not know but it was unlikely it would be before September. It would depend on whether there were minor revisions or if the entire document would be scrapped.</P> <P>Jones asked whether the City Commission scrapped the proposal or just asked for revisions. Day said that it was not a full denial, but they did not accept the proposal and sent it back with direction to revisit. She said the changes to the mapping would be easy but returning it within ninety (90) days would be ambitious.</P> <P>Craig Weinaug, County Administrator, stated that there are two (2) elements to the revisions. The first is the technical part of writing and the other is getting something to present to both bodies. He suggested that it might be useful if the County Commission could get a list of what was said at the City Commission meeting and respond to that so the County Commission has some feel for what might be a consensus. </P> <P>McElhaney questioned the city's annexation process.</P> <P>Johnson said that it remains consistent with what the city has done all along -- they don't annex until they are approached by the property owner. But they have agreed to study their annexation policy.</P> <P>McElhaney stated for the record that this plan is not Planning Staff's plan -- it is the Planning Commission's plan. Planning Staff made recommendations and the Planning Commission approved the revised version under discussion.</P> <P>Jones then asked for public comment.</P> <P>Bill Leek, Peridian Group, a landscape architecture, civil engineering, and surveying firm, presented an alternative concept plan for consideration. Leek noted that John McGrew is a client of Peridian Group who has been working with Peridian Group to develop this area. Leek stated that he has been with Peridian Group for two (2) months recently moving to Lawrence from Montana. He has been working with several landowners/developers to put together a conceptual plan and d&#160;sn't claim this is the definitive answer. He offered the plan in concept form to encourage the City and County to move forward with a development concept for this area. Leek noted this plan emphasizes mostly residential development in this area. Leek pointed out there is some industrial and other related development in the area mainly along 25th Street because of access from K-10 and the proposed SLT. This plan also reduces the amount of industrial development from the plan offered by the Planning Commission.</P> <P>Jones asked what the acreages were compared with what the Planning Commission recommended.</P> <P>Day said there were approximately 112 acres of single family; 143 acres medium density; 45 acres commercial; 681 acres industrial; 22 acres public use; 71 acres parks/open space. </P> <P>Leek stated his plan offered 500 acres residential; 91 acres office/commercial/retail; 222 acres industrial/warehouse; 63 acres park/open space, not including the trail system; 30 acres for other uses (mostly the jail) and the offering of a potential fire station site, which comes to approximately 910 acres. Leek noted this d&#160;s not include land set aside for major arterial streets. </P> <P>Jones questioned how many landowners would agree with Leek's proposal.</P> <P>Leek said that he did not have an exact number, but indicated that the landowners he had spoken with were appreciative of the fact that he was proposing an increase in the amount of residential use and cutting back on industrial use.</P> <P>Jones asked how the City responded to his proposal.</P> <P>Leek said while they were appreciative of the increase in residential some of them thought industrial was still the way to go. There are some valid reasons for considering industrial, but also valid reasons for more residential. There is already a large chunk of land that is already zoned industrial north of K-10 that obviously needs some clean-up, but it could be developed for industrial uses. There are concerns that any increase in the amount of industrial south of K-10 may detract from the possibility of cleaning up that particular site. </P> <P>McElhaney made a recommendation that there be less commercial/industrial because of the Farmland property and based on a recent presentation by Lynn Parman, Vice President of Economic Development, Lawrence Chamber of Commerce.</P> <P>Day noted that the proposed plan is not a change in zoning. Specific steps would need to be taken to change the zoning designation of property.</P> <P>McElhaney stated that transportation issues will have to be addressed such as what plans for the expansion of 31st Street east of Noria Road, where the City and County stand on that and what the future budgetary plans are. There is a lot of the Southeast Area Plan that is not developable until a commitment is made on the SLT or 31st Street. He noted that the I-70 area is more desirable for industrial development. He basically wants to see the Planning Commission incorporate more of the property owners' wishes and to realize we are in the process of possibly having the Farmland site as commercial/industrial.</P> <P>Jones stated he had a lot of concerns and honestly did not know what the best land use configuration is. He noted that the Southeast Area Plan -- particularly the visionary concept advanced by the Planning Commission -- will never be successful unless the community is pulling together. He said he heard it suggested the other day that the Planning Commission isn't a political body and he rejects that concept. Planning commissioners are not appointed based on their technical knowledge, but rather appointed through a political process to serve as representatives of the community. As community representatives, they have some obligation to lead the community to consensus. He said he d&#160;sn't see support for the proposed plan from parties who would be key to making the Southeast Area Plan actually work. The people who are responsible for marketing industrial land (Chamber) do not support, ECO2 is not supportive, neighbors are not supportive. He sees a very narrow group of people who are advocates of this plan who are pushing aside the broader community. While landowner profits are not his concern, Jones noted that landowner opposition and stopping power is a force that has to be recognized. He asked that the Planning Commission come up with something the community can support -- it d&#160;sn't have to be unanimous, but there needs to be a consensus broad enough to support the breadth of the plan. If people who market and own property and the neighborhood indicates this isn't going to work, he has to wonder. Jones noted specific concerns regarding two issues:</P> <UL> <LI>There are three (3) sets of numbers in terms of wastewater capacity ranging from 2600 to 6500. Wastewater capacity estimates and commitments need to be realistic. The decision should be based on something more concrete instead of speculation.</LI> <LI>There is much speculation as to whether industrial or residential will generate much traffic. He would like to see some analysis. While there will be some industrial development there (between the Douglas County Jail and LRM), this plan must address how truck traffic will be moved around the city. We need to come up with a vision on how to address truck traffic in order to prevent more accidents. He stated that the bridge on Noria to force traffic south and then to the west to 59 Highway is not acceptable. The plan must be realistic in the interim and should not expect to have a connection from Noria to I-70. </LI></UL> <P>He summarized his concerns as wanting consensus, better more reliable data on wastewater demands and for the plan to address truck traffic.</P> <P>Johnson agreed with McElhaney and Jones noting this is a rarity -- we typically have the Planning Commission and Planning Staff caught between what the developer and landowners want to do and here we have the City and County Commissions not willing to accept the Planning Commissions recommendation. The landowners, Chamber, ECO2, Economic Development Board all agree on a plan exactly opposite of the Planning Commissions recommendation. We have had at least two (2) joint sessions with the Planning and City Commissions and verbalized concerns which got nowhere. Johnson also agreed there needs to be a consensus, but the reality is the community generally speaks only to the extent that it is my neighborhood. Johnson stated his message to the Planning Commission would be to listen to what the County Commissioners have been saying - - don't sell short the idea or situation when neighbors and developers are on the same side. Johnson believes the school district position is they will not build a school in the southeast area unless the residential development will present families and children to populate the facility. Johnson noted that the Planning Commission minutes stated that the chairman indicated he has no information whether the planned area would be suitable for residential development . . . any use relies on transportation . . . This is an indication that transportation is an issue which needs to be resolved. The Planning Commission recommendation d&#160;s not reflect the community discussions, except to the extent the 5-4 vote indicates they did not listen to the community's comments. He said he cannot support the Planning Commission's recommendation and leans favorably toward Peridian Group's concept plan. We need to listen to who is presenting it -- the interested parties that have to live with it and work with it. If the Planning Commission is doing their job, they need to point out areas of the program that are inconsistent with the way we want to develop the community. He noted that he did not want to see the project go back [to the Planning Commission] and then be dropped. He stated that it was inconsistent to spend taxpayers money to develop an industrial area on the north side and then earmark huge additional areas for industrial development on the south side. This is unfair to the property owners and certainly not responsible to the taxpayers at large. If the Planning Commission recommendation for the Southeast Area Plan is accepted, he will not support the acquisition of the Farmland site.</P> <P>McElhaney made a motion to reject the Planning Commission's Southeast Area Plan as presented. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PUBLIC WORKS 06-22-05</STRONG><BR>The Board discussed the status of Project No. 2004-11 -- improvements to Route 458 Curve at E 1000 Road/N 1200 Road. Keith Browning, Director of Public Works/County Engineer, was present for the discussion. </P> <P><STRONG>Project Scope</STRONG><BR>It was originally anticipated to simply reconstruct the curve to a 55-mph design speed. This would result in a project length of 2225 linear feet. However, the existing N 1200 Road section east of the location where the new curve would meet the east-west tangent has deep ditches with no shoulders. Approximately 1500 feet east of the proposed 55-mph curve the existing Route 458 ditches are shallower and more forgiving to an errant vehicle.</P> <P>The current plans include construction of 6'-wide paved shoulders and flatter frontslopes and backslopes not only in the reconstructed curve portion but also along the tangent section to a point 1525 feet east of the curve. This increases the originally planned project length by 68.5%. Plans also call for milling and overlaying the tangent section east of the curve and replacing an existing narrow concrete culvert located approximately 1/2 mile east of E 1000 Road.</P> <P>Construction of the curve only, the original project scope, is estimated to cost $450,000. The estimated construction cost to construct paved shoulders and mill and overlay the 1525-foot section east of the curve, and replace the existing concrete culvert, is an additional $118,000. The additional improvements along the east-west tangent would be much less expensive now as part of the curve reconstruction project than later as a stand-alone project.</P> <P>Johnson made a motion to expand the scope of Project 2004-11 to include construction of paved shoulders and mill and overlay for an additional approximately 1525 linear feet of existing Route 458 roadway. Motion was seconded by Jones and carried unanimously.</P> <P>Johnson moved approval to solicit bids for Project 2004-11; Jones seconded and the motion carried unanimously.</P> <P><STRONG>OUT-DISTRICT COLLEGE TUITION STATEMENTS 06-22-05</STRONG><BR>Johnson made a motion to approve the seven (7) Out-District College Tuition Statements in the amount of $1,224. Motion was seconded by Jones and carried with McElhaney opposed.</P> <P><STRONG>SHERIFF &amp; GRANTS 06-22-05</STRONG><BR>The Board discussed an application for the Target Capacity Expansion Grant for the Jail Diversion Program. Ken McGovern, Sheriff, Kenny Massey, Undersheriff, and Kari Wempe, Lieutenant, were present for the discussion. Wempe explained that this grant is a three (3) year program for non-violent offenders, typically those with some sort of mental illness. This would free jail space that can be used for individuals that need to be there. Douglas County would need to agree to commit up to $22,000 each year. After discussion, Jones made a motion to authorize the grant application and agree to commit up to $22,000 per year for three (3) years. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>APPOINTMENTS 06-22-05</STRONG><BR>Jones made a motion to reappoint Sonya Jackson, Lawrence, KS, to the Lawrence-Douglas County Housing Commission which term shall expire June 30, 2008. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>PURCHASING &amp; FAIRGROUNDS 06-22-05<BR></STRONG>McElhaney briefed the Commission on the construction of the maintenance building at the Douglas County Fairgrounds, noting there is a need for additional concrete work. Johnson made a motion to waive the bidding requirement of the Purchasing Policy and authorize execution of an agreement with BA Green in the amount of $27,942.00 for the additional concrete work. Motion was seconded by Jones and carried unanimously.</P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P></P> <P>_____________________________ _____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P> <P></P> <P></P>

<P>Jones called the meeting to order at 8:35 A.M. on Monday, July 11, 2005 with all members present. The Pledge of Allegiance was recited. </P> <P><STRONG>CONSENT AGENDA 07-11-05<BR></STRONG>There were no consent items.</P> <P><STRONG>BUDGET 07-11-05</STRONG><BR>The Board conducted budget hearings. No action was taken.</P> <P><STRONG>COMMUNITY CORRECTIONS &amp; BUDGET 07-11-05</STRONG><BR>Ron Stegall, Director of Community Corrections, presented the Douglas County Community Corrections FY06 Budget. Johnson made a motion to approve the Douglas County Community Corrections FY06 Budget as presented; Jones seconded and the motion carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 07-11-05</STRONG><BR>Jones moved approval of accounts payable in the amount of $93,635.93 to be paid 07/11/05; accounts payable manual checks in the amount of $2,202.14; payroll in the amount of $634,608.38; and electronic funds transfers in the amounts of $46,603.47 for FICA and $43,335.74 for KPERS to be paid 07/08/05. Motion was seconded by Johnson and carried unanimously.</P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P>

<P>Jones called the meeting to order at 6:38 P.M. on Wednesday, July 13, 2005 with all members present. The Pledge of Allegiance was recited. </P> <P><STRONG>BUDGET 07-13-05</STRONG><BR>The Board conducted budget hearings. No action was taken.</P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;______________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Jere McElhaney, Member</P> <P><BR>&nbsp;</P>

<P>Jones called the meeting to order at 8:07 A.M. on Friday, July 15, 2005 with two members present. McElhaney was absent. The Pledge of Allegiance was recited. </P> <P><STRONG>BUDGET 07-15-05</STRONG><BR>The Board conducted a work session on the 2006 budget. No action was taken.</P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________<BR>Jamie Shew, County Clerk<BR></P>

<P>Jones called the meeting to order at 8:35 A.M. on Monday, July 18, 2005 with two members present. McElhaney was absent. The Pledge of Allegiance was recited. </P> <P>Jones moved approval of the minutes of April 18, May 23, as amended, June 8, June 29, July 5, and July 6, 2005. Motion was seconded by Johnson and carried.</P> <P><STRONG>CONSENT AGENDA 07-18-05</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5326. Order is on file in the Office of the County Clerk;</LI> <LI>Approve Home Rule Resolution No. HR-05-7-6 Amending Home Rule Resolution No. HR-01-2-1, as Codified at Article 1 of Chapter II of the Code of Douglas County, Kansas, regarding regulations of traveling circuses; and</LI> <LI>Authorize the donation of the 1993 Ford Explorer currently assigned to a Division Chief of the Lawrence-Douglas County Fire &amp; Medical Department, to the Lawrence Humane Society.</LI></UL> <P>Johnson seconded and the motion carried.</P> <P><STRONG>PLANNING 07-18-05</STRONG><BR>The Board considered Item No. 8 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated June 22, 2005. This item is MM-05-01-05 -- request to designate N 300 Road from E 2100 Road to 2172 N 300 Road as a minimum maintenance road. Bill Ahrens, staff member of the Lawrence-Douglas County Metropolitan Planning Department, and Keith Browning, Director of Public Works/County Engineer, were present for the discussion. </P> <P>Browning explained that the Palmyra Township Board, on behalf of Don Parr, requested permission from Douglas County to place a gate across N 300 Road, immediately east of E 2100 Road. After granting permission to erect the gate, the Board of County Commissioners initiated the process for declaring the road as "minimum maintenance" for the portion of N 300 Road beyond the gate.</P> <P>The Palmyra Township Board held a public hearing accept comment regarding their recommendation to Douglas County on the matter per the typical process. The Township Board chose to recommend to the Board of County Commissioners the declaration of "minimum maintenance" not be pursued. The property owner originally requesting the gate (Don Parr) abandoned plans for its erection and has since sold some parcels for residential construction.</P> <P>Mr. Parr has subsequently hired an engineering consultant to prepare road construction plans for the improvement of the road and some of the overgrown vegetation has been removed from the right-of-way. Construction plans have been completed and reviewed by County staff.</P> <P>Ahrens noted the Planning Commission unanimously voted to deny the request to establish a "minimum maintenance" road designation for the indicated section of N 300 Road and forward it to the Board of County Commissioners with a recommendation for denial.</P> <P>Johnson questioned whether the Board of County Commissioners has the authority to ignore the Planning Commission's recommendation and proceed with the "minimum maintenance" designation.</P> <P>Browning responded that he believed the Board could proceed with the designation.</P> <P>Johnson asked for clarification regarding the engineering plans. Browning responded that the plans were for N 300 Road and there were no improvements proposed on E 2100 Road.</P> <P>Jones stated that while he was not happy about it, he would support the Planning Commission's recommendation to not pursue the "minimum maintenance" declaration because of concerns with the message that sends when the County Commission g&#160;s against their recommendations.</P> <P>Johnson stated that he also would support the Planning Commission's recommendation.</P> <P>Jones made a motion to not proceed with the process to declare minimum maintenance status on a segment of N 300 Road from E 2100 Road to 2172 E Road. Motion was seconded by Johnson and carried.</P> <P><STRONG>PLANNING 07-18-05</STRONG><BR>The Board considered Item No. 7 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated June 20, 2005. This item is Z-04-29-05: a request to rezone a tract of land approximately 48 acres from A (Agricultural) District to A-1 (Suburban Residential) District. The property is generally described as being located in the 1800 block of N 250 Road. Submitted by Patty Wiseman, Baldwin Realty, for Arden E. Johnson, Trustee, and Donald B. Johnson, property owner of record. Sandra Day, staff member of the Lawrence-Douglas County Metropolitan Planning Department, was present for the discussion. This item comes to the Board with a unanimous recommendation for approval, based on the following Findings of Fact:</P> <P><STRONG>Zoning and uses of property nearby.</STRONG> The subject property is zoned for agricultural uses and is used for pasture land. The surrounding area is similarly zoned and used for agricultural activities. Rural residential uses can be found on both sides of N 250 Road between the eastern Baldwin City limit and the termination of N 250 Road to the east.</P> <P><STRONG>Character of the area.</STRONG> The character of the area is a mix of agricultural and rural residential uses. Residential lots are clustered along the existing county roads.</P> <P><STRONG>Suitability of subject property for the uses to which it has been restricted. </STRONG>The suitability of the use of the subject property for agricultural activity is not questioned. The property lacks the ability to be developed with a residence because of prior land division. The property is suitably zoned for continued agricultural activity.</P> <P><STRONG>Length of time subject property has remained vacant as zoned.</STRONG> The property was zoned Agricultural with the adoption of the County Zoning Regulations in 1966.</P> <P><STRONG>Extent to which removal of restrictions will detrimentally affect nearby property.</STRONG> Staff received no communication from the public during the review and preparation of this request. Residential uses can be found both to the east and west of the subject property as well as to the south. The request is consistent with the surrounding development pattern.</P> <P><STRONG>Relative gain to the public health, safety and welfare by the destruction of the value of the petitioner's property as compared to the hardship imposed upon the individual landowners.</STRONG> There is no outstanding public harm nor is there any obvious gain to the public health, safety and welfare by the proposed request. This request was not initiated by the public and therefore there is no related destruction of value of the subject property since it may continue to be used for agricultural purposes. The hardship to the applicant is the loss of ability for residential development at this time. Staff d&#160;s not anticipate any hardship associated with either approval or denial of this request on adjoining properties.</P> <P><STRONG>Conformance with <EM>The Comprehensive Plan</EM>.</STRONG> The proposed request is not consistent with land use recommendations found in <EM>Horizon 2020</EM> or Baldwin City Comprehensive Plan.</P> <P>AND subject to the following condition:</P> <OL> <LI>Filing of an approved Final Plat showing one single-family home with the Register of Deeds Office.</LI></OL> <P>Day explained that the location of the subject property is east of the Baldwin City limits and is currently undeveloped land that was zoned agriculturally. She said the surrounding area is primarily agricultural and rural residential in use with existing residences on the north and south sides of N 250 Road. </P> <P>Day noted that the Baldwin City Planning Commission acted on this issue at their June 16, 2005 meeting and voted to support the rezoning request. She stated that the Baldwin City Planning Commission considers anything within 3 miles of their city limits as within their planning authority although it is unclear how specific their Comprehensive Plan is on that point. Day also stated that Lawrence Planning Staff recommended denial of the request, based on the opinion that the request did not follow the planning principles of <EM>Horizon 2020</EM>. </P> <P>It was noted that the applicant would have to plat a public road in order to subdivide the subject property, and that the property would be able to develop with a maximum of 8-9 single-family homes under the requested A-1 zoning if a public road was provided.</P> <P>Jones stated he didn't like this mechanism because it opens up more intensive development.</P> <P>Johnson noted that is likely to happen, but since it has to be platted, access to road and rural water will be required, which somewhat protects it from more intensive development.</P> <P>Linda Finger, Director of the Lawrence-Douglas County Metropolitan Planning Department, stated that it d&#160;s provide some ability to regulate how that growth occurs and the city really wants to have control over its zoning. Finger suggested that the County Counselor be consulted regarding density restrictions.</P> <P>Jones questioned whether the moratorium on the 5 acre exemption changes the dynamics.</P> <P>Finger said it did not.</P> <P>Johnson asked if he were to purchase this 40 acres, could he then sell 10 acres with 250' frontage and sell it to someone that could build.</P> <P>Finger stated there was nothing in the moratorium that would restrict that kind of sale.</P> <P>Johnson noted his dilemma of the Baldwin and Lawrence Planning Commissions' unanimous vote of approval, but the recommendation of denial from staff because of wording in <EM>Horizon 2020</EM>.</P> <P>Jones said he believed this meets the intent of <EM>Horizon 2020</EM>, which is to make sure the cities have some say in the development of property. He was not stuck on the issue that everybody voted for it and understood why staff made their recommendation. His concern was that everyone has agreed there should be 1 house, but with the rezoning, more could be built.</P> <P>Johnson asked who would approve the plat.</P> <P>Finger stated that the Planning Commission would approve the plat and the County Commission would accept the easements.</P> <P>Jones stated his preference would be to direct staff to consult with the County Counselor to determine whether it was possible to include language to the conditions indicating that only 1 single family home would be approved until annexed by the City of Baldwin. No action was taken.</P> <P><STRONG>PLANNING 07-18-05<BR></STRONG>Linda Finger, Director of the Lawrence-Douglas County Metropolitan Department, briefed the Board on planning initiatives. No action was taken.</P> <P>McElhaney joined the meeting at 9:40 A.M.</P> <P><STRONG>BUDGET 07-18-05</STRONG><BR>The Board conducted budget hearings. No action was taken.</P> <P><STRONG>ACCOUNTS PAYABLE 07-18-05</STRONG><BR>Johnson moved approval of accounts payable in the amount of $278,763.14 to be paid 07/18/05. Motion was seconded by Jones and carried unanimously.</P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P></P> <P>_____________________________ _____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member<BR></P>

<P>Jones called the meeting to order at 8:33 A.M. on Monday, August 8, 2005 with all members present. The Pledge of Allegiance was recited. </P> <P>Johnson moved approval of the minutes of June 22, July 11, July 13, July 15, and July 18, 2005. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>CONSENT AGENDA 08-08-05<BR></STRONG>McElhaney moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5327 and 5239. Orders are on file in the Office of the County Clerk;</LI> <LI>Note receipt of fee reports for the months of March and April 2005; and</LI> <LI>Approve Resolution No. 05-26 authorizing the continued imposition of a telephone user tax for the operation of an enhanced 911 emergency telephone service in Douglas County.</LI></UL> <P>Johnson seconded and the motion carried.</P> <P><STRONG>OUT-DISTRICT COLLEGE TUITION STATEMENTS 08-08-05<BR></STRONG>Johnson moved approval of the eleven (11) Out-District College Tuition Statements in the amount of $29,232. Motion was seconded by Jones and carried with McElhaney opposed.</P> <P><STRONG>PLANNING 08-08-05<BR></STRONG>On July 18, 2005, the Board tabled Item No. 7 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated June 20, 2005. This item is Z-04-29-05: a request to rezone a tract of land approximately 48 acres from A (Agricultural) District to A-1 (Suburban Residential) District. The property is generally described as being located in the 1800 block of N 250 Road. Submitted by Patty Wiseman, Baldwin Realty, for Arden E. Johnson, Trustee, and Donald B. Johnson, property owner of record. At that meeting, the Board noted concerns regarding the applicant's possible intent to develop the land more intensely and wanted assurance that the applicant would be building only one (1) house until the property was annexed into the city.</P> <P>Sandra Day, staff member of the Lawrence-Douglas County Metropolitan Planning Department, and Donald B. Johnson, applicant were present for the discussion. Day stated she had confirmed the applicant was planning to build only one (1) house. The applicant stated he did not have a problem with placing a provision on the final plat noting that development will be limited to one (1) house until the property is annexed into the city of Baldwin. </P> <P>It should be noted that the Board of County Commissioners can make no commitment as to when the annexation might occur.</P> <P>Jones made a motion to approve Z-04-29-05: a request to rezone a tract of land approximately 48 acres from A (Agricultural) District to A-1 (Suburban Residential) District based on the following Findings of Fact:</P> <P><STRONG>Zoning and uses of property nearby.</STRONG> The subject property is zoned for agricultural uses and is used for pasture land. The surrounding area is similarly zoned and used for agricultural activities. Rural residential uses can be found on both sides of N 250 Road between the eastern Baldwin City limit and the termination of N 250 Road to the east.</P> <P><STRONG>Character of the area.</STRONG> The character of the area is a mix of agricultural and rural residential uses. Residential lots are clustered along the existing county roads.</P> <P><STRONG>Suitability of subject property for the uses to which it has been restricted. </STRONG>The suitability of the use of the subject property for agricultural activity is not questioned. The property lacks the ability to be developed with a residence because of prior land division. The property is suitably zoned for continued agricultural activity.</P> <P><STRONG>Length of time subject property has remained vacant as zoned.</STRONG> The property was zoned Agricultural with the adoption of the County Zoning Regulations in 1966.</P> <P><STRONG>Extent to which removal of restrictions will detrimentally affect nearby property.</STRONG> Staff received no communication from the public during the review and preparation of this request. Residential uses can be found both to the east and west of the subject property as well as to the south. The request is consistent with the surrounding development pattern.</P> <P><STRONG>Relative gain to the public health, safety and welfare by the destruction of the value of the petitioner's property as compared to the hardship imposed upon the individual landowners.</STRONG> There is no outstanding public harm nor is there any obvious gain to the public health, safety and welfare by the proposed request. This request was not initiated by the public and therefore there is no related destruction of value of the subject property since it may continue to be used for agricultural purposes. The hardship to the applicant is the loss of ability for residential development at this time. Staff d&#160;s not anticipate any hardship associated with either approval or denial of this request on adjoining properties.</P> <P><STRONG>Conformance with <EM>The Comprehensive Plan</EM>.</STRONG> Consistency with land use recommendations found in <EM>Horizon 2020</EM> is a matter of interpretation.</P> <P>AND subject to the following revised condition:</P> <OL> <LI>Filing of an approved Final Plat showing one (1) single-family home with the Register of Deeds Office, with the provision noted on the Final Plat that development will be limited to one (1) house until the property is annexed into the city.</LI></OL> <P>Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>PLANNING 08-08-05</STRONG><BR>The Board conducted a work session on planning initiatives. Linda Finger, Director of the Lawrence-Douglas County Metropolitan Planning Department, conducted the presentation. No action was taken.</P> <P><STRONG>ACCOUNTS PAYABLE 08-08-05</STRONG><BR>Jones moved approval of accounts payable in the amounts of $1,973,768.13 to be paid 07/25/05, $2,129,036.25 to be paid 07/29/05, $517,226.07 to be paid 08/01/05, and $135,263.61 to be paid 08/08/05; accounts payable manual checks in the amounts of $85.00, $1,368.24, $5,966.48, $50,000.00 $1,918.55, and $566.06; payroll in the amount of $649,594.16; electronic funds transfers in the amounts of $47,746.90 for FICA and $44,581.25 for KPERS to be paid 07/22/05; District Court's Longevity Payroll in the amount of $5,200.00; electronic funds transfers in the amounts of $398.52 for FICA and $116.20 for KPERS to be paid 07/27/05; payroll in the amount of $627,725.61; electronic funds trans fers in the amounts of $46,086.37 for FICA and $43,391.02 for KPERS to be paid 08/05/05; and ACH Bank Transfer in the amount of $155,796.25 to be paid 08/31/05. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>APPOINTMENTS 08-08-05</STRONG><BR>Jones made a motion to appoint Doug Stephens, Lawrence, Kansas, to the Bert Nash Center Governing Board of Directors, for the unexpired term of Judy Long O'Neal, which expires May 31, 2006. Motion was seconded by Johnson and carried unanimously.</P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P></P> <P>_____________________________ _____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member<BR></P>

<P>Jones called the meeting to order at 4:08 P.M. on Wednesday, August 10, 2005 with all members present. The Pledge of Allegiance was recited. </P> <P><STRONG>PLANNING 08-10-05<BR></STRONG>The Board continued their work session on planning initiatives. Linda Finger, Director of the Lawrence, Douglas-County Metropolitan Planning Department, was present for the discussion. No action was taken.</P> <P><STRONG>CONSENT AGENDA 08-10-05</STRONG><BR>There were no consent items.</P> <P><STRONG>PUBLIC WORKS, TOWNSHIPS &amp; RESOLUTIONS 08-10-05</STRONG><BR>The Board noted receipt of recommendations from Palmyra Township and Willow Springs Township concerning a request received from Mike Flory to rescind the "minimum maintenance" designation for a portion of E 1400 Road between N 650 Road and 700 N. Michael Kelly, County Surveyor, explained that since E 1400 Road lies on the border between both Willow Springs and Palmyra Township, each Township Board held public hearings and prepared their recommendations to proceed with rescinding the "minimum maintenance" designation. Kelly noted that Mr. Flory's request will facilitate the development of property recently divided into 20+ parcels prior to the 5 acre moratorium. While the recommendations from the townships mention different lengths for the portion proposed, both townships recommended approval to change the "minimum maintenance" designation currently in effect. </P> <P>Jones asked when the distance issue would be resolved. </P> <P>Kelly stated that as each issue is discussed, they will converge on a distance. Kelly noted that both townships recommended approval with the slight issue of distance, which is a minor issue in the long run. This is a road of record not being traveled.</P> <P>Jones asked when the property was divided.</P> <P>Kelly stated that it was divided shortly before the moratorium went into effect.</P> <P>Jones questioned when this road became "minimum maintenance." </P> <P>Kelly said that it was designated as "minimum maintenance" approximately fifteen (15) years ago.</P> <P>Jones asked how the road was split between the two (2) townships.</P> <P>Kelly stated that it is split right down the middle of the road.</P> <P>Heather Eichhorn expressed concerns about the development of this road due to the safety of access on the curve on Route 460. Eichhorn also noted concerns about future development and the fact that this looks like a subdivision. </P> <P>Charlie Wintermantel, Trustee of Willow Springs Township, stated that the safety issue was discussed and the Township Board did not see an increased risk. Wintermantel noted that the Palmyra Fire Chief did raise concerns regarding the fact that there would be only one (1) entrance for that many houses.</P> <P>McElhaney asked who would be responsible for snow removal, etc., once the road is built.</P> <P>Wintermantel stated that Willow Springs Township would be responsible.</P> <P>Johnson stated that the question about the safety on the curve is worth discussion. However, because of the lay of the land, there is great visibility both to the east and west. Johnson asked Keith Browning, Director of Public Works/County Engineer, whether this area should be looked at for widening the shoulder.</P> <P>Browning replied that he could look at it, but it probably wouldn't be warranted with the volume of traffic. Browning also agreed that the visibility is good at that location. </P> <P>Jones stated that he could not support the request because of the creation of a 5 acre subdivision. </P> <P>Johnson stated that while this was not his preference, the request is within the rules and should be submitted to the Planning Commission for their recommendation. </P> <P>McElhaney noted that the townships have gone through the public hearing process and recommended approval; McElhaney then made a motion to approve Resolution No. 05-27 initiating the process to consider rescinding the "minimum maintenance" designation for a portion of E 1400 Road and request ing a recommendation from the Planning Commission. Motion was seconded by Johnson and carried with Jones opposed.</P> <P><STRONG>ACCOUNTS PAYABLE 08-10-05<BR></STRONG>Johnson moved approval of accounts payable manual checks in the amount of $1,813.51; motion was seconded by Jones and carried unanimously.</P> <P>Johnson made a motion to adjourn; Jones seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member<BR></P>

<P>Jones called the meeting to order at 8:35 A.M. on Monday, August 15, 2005 with all members present. The Pledge of Allegiance was recited.</P> <P>Johnson moved approval of the minutes August 8, 2005, as amended. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>CONSENT AGENDA 08-15-05</STRONG><BR>Johnson moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5330. Order is on file in the Office of the County Clerk.</LI></UL> <P>Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PURCHASING &amp; PUBLIC WORKS 08-15-05<BR></STRONG>The Board considered approval to purchase one (1) motor grader for the Public Works Department. Jackie Waggoner, Purchasing Agent, explained that the Public Works Department has allocated funds to purchase a motor grader this year to replace a 1988 model with 14,000 hours. Earlier this year, Franklin County had solicited bids for a motor grader which was awarded to Martin Tractor. Martin Tractor has agreed to honor the pricing and terms from the Franklin County contract. The awarded bid is summarized below:</P> <P>Caterpillar 140H Unit Price: $209,575</P> <P>Full Warranty: 5 years/7,500 hours ($300 deductible)</P> <P>Includes Services Agreement:<BR>all filters to be supplied by vendor for 5 years/7500 hours<BR>all oil to be supplied by vendor for 5 years/7500 hours<BR>all scheduled oil samples for 5 years/7500 hours<BR><BR>Guaranteed Repurchase (5 Years/7500 hours) $115,000</P> <P>After discussion, Jones made a motion to waive the bidding process of the Purchasing Policy and utilize the Franklin County contract for the purchase of one (1) motor grader in the amount of $209,575 from Martin Tractor and authorize the sale of the 1988 motor grader online. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PURCHASING 08-15-05</STRONG><BR>Jackie Waggoner, Purchasing Agent, appeared before the Board requesting authorization to offer old copiers and postage equipment to non-profit agencies at no cost. The Purchasing Policy allows for donation, destruction and sale as a method of disposal of personal property. All decisions for disposal must be by unanimous vote by the Board of County Commissioners. After discussion, Jones made a motion to authorize the offering of the used equipment to the non-profit agencies at no cost and destruction of any equipment not used by the agencies. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>PUBLIC WORKS 08-15-05</STRONG><BR>The Board discussed bids received for Project No. 2005-6 -- Hot-In-Place Recycling (HIR) Work. Keith Browning, Director of Public Works/County Engineer, explained that hot-in-place recycling is an on-site, in-place method of rehabilitating deteriorated bituminous pavements that minimizes the use of new materials. A base bid for 3.5 miles of HIR and an add-alternate bid for another 0.5 mile were solicited. One bid was received from Cutler Repaving, Inc., in the amount of $205,423.25 with the add-alternate bid of $29,286.00 for a total bid of $234,709.25. </P> <P>The three locations for HIR work are:</P> <P>Route 1061 from N 1300 Road to N 1200 Road;<BR>Route 1055 from N 450 to N 500 Road (Baldwin Hill); and<BR>Route 460 from US-59 Highway to E 1452 Road</P> <P>After discussion, Johnson made a motion to approve the bid in the amount of $234,709.25 received from Cutler Repaving, Inc. for 4.0 miles of Hot-In-Place Recycling (Project No. 2005-6) and authorize the Director of Public Works to approve change orders up to 5% of the total contract amount. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>ISSUES &amp; OBJECTIVES 08-15-05</STRONG><BR>The Board reviewed the County Administrator's Issues and Objectives Report. No action was taken.</P> <P><STRONG>MISCELLANEOUS 08-15-05<BR></STRONG>The Board discussed the Kansas County Commissioners Association White Paper addressing county government organizational issues. No action was taken.</P> <P><STRONG>PLANNING 08-15-05</STRONG><BR>The Board conducted a work session on planning initiatives. No action was taken.</P> <P><STRONG>EXECUTIVE SESSION 08-15-05</STRONG><BR>At 11:15, Johnson made a motion that the Board recess to go into executive session until 11:45 A.M. with Craig Weinaug, County Administrator; Pam Madl, Assistant County Administrator; and Evan Ice, County Counselor, to discuss ongoing litigation. Motion was seconded by Jones and carried unanimously. The Board returned to regular session at 11:45 A.M. No action was taken</P> <P><STRONG>ACCOUNTS PAYABLE 08-15-05<BR></STRONG>Jones moved approval of accounts payable in the amount of $799,881.62 to be paid 08/15/05; motion was seconded by Johnson and carried unanimously.</P> <P>Johnson made a motion to adjourn; Jones seconded and the motion carried unanimously.</P> <P></P> <P>_____________________________ _____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member<BR></P>

<P>Jones called the meeting to order at 6:35 P.M. on Wednesday, August 17, 2005 at the Lecompton Community Building, Lecompton, Kansas, with all members present. </P> <P><STRONG>CONSENT AGENDA 08-17-05<BR></STRONG>Johnson moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Agreement with the Kansas Department of Transportation for inspection of the pin and hanger assemblies on the Kansas River Bridge at Lecompton -- Douglas County Bridge No. 21.30-06.15; NBI Bridge No. 000000000230240.</LI></UL> <P>Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PUBLIC WORKS 08-17-05<BR></STRONG>The Board conducted a joint session with the Lecompton City Council to discuss the possible temporary closure of the Lecompton Bridge to accommodate repairs.&nbsp; Keith Browning, Director of Public Works/County Engineer, explained that the existing bridge carrying Route 1029 over the Kansas River at Lecompton is an 11-span continuous steel girder bridge with a concrete deck. The bridge was constructed in 1970 and is 1682 feet long. The bridge carries traffic of approximately 4100 vehicles per day. The bridge is not posted for reduced loading although the Jefferson County roadway north of the bridge is posted for a load limit of 15 tons.</P> <P>The concrete bridge deck has been experiencing deterioration for several years. Douglas County crews have patched the deck numerous times. Although the deck is deteriorating, the steel superstructure and concrete abutments and piers are in good condition. </P> <P>The Boards of County Commissioners for Douglas and Jefferson counties have discussed the deck replacement project. The Boards have agreed to share the cost of the project according to assessed valuations of the two counties. It was also agreed that Douglas County would act as the lead county for the project and would contract with a qualified firm for design services with Jefferson County reimbursing Douglas County for their share of design costs.</P> <P>The Boards also agreed that the question of whether or not to close the bridge during construction should be answered prior to detailed engineering design of the project. The advantages of keeping one lane of traffic during construction are fairly clear, i.e., access across the Kansas River at this location would not be totally removed. Perry-Lecompton school district as well as the general traveling public could continue to cross the river at this location and avoid the need to travel to Topeka or Lawrence to cross the river.</P> <P>Disadvantages to keeping one lane of traffic open during construction are as follows:</P> <OL> <LI>The duration of construction would be approximately nine (9) months as opposed to approximately four (4) months if closed to all traffic.</LI> <LI>The construction cost would be significantly higher if one lane of traffic is maintained. It is estimated closing the bridge to all traffic would reduce construction costs 15% to 20%.&nbsp;</LI> <LI>Even if one lane of traffic is maintained during construction, there will be significant periods of time that the bridge must be closed to all traffic. The bridge would require closing to all traffic during concrete pours and for three days after each pour to allow for concrete curing. Assuming four concrete pours per lane (eight pours total), and closure of four days per pour, the bridge would be closed to all traffic for 32 days.</LI> <LI>Keeping one lane open will necessitate a centerline joint that will likely cause problems in the future. Closing the bridge would allow for a much more sound concrete deck.</LI> <LI>All truck (tractor-trailer) traffic will be prohibited during construction even if one lane is kept open.</LI></OL> <P>The consulting engineering firm hired by Douglas County should further study the ramifications of keeping one lane of traffic open on the bridge during construction. A final decision on whether to close the bridge during construction should be made following further study.</P> <P>Another question that should be answered prior to detailed engineering design is whether or not the existing lead-based paint should be removed and the superstructure repainted as part of this project. The consultant should also study this issue for a decision by Douglas and Jefferson counties prior to detailed design.</P> <P>It is currently planned to complete engineering design for this project in 2006 and to construct the project in 2007.</P> <P>Numerous comments were received about the negative impacts on the economy of the area town and everyday life if the bridge were closed. A straw poll indicated unanimous support for keeping the bridge open. No action was taken.</P> <P><STRONG>BUDGET &amp; RESOLUTIONS 08-17-05<BR></STRONG>As advertised, the Board conducted a public hearing regarding the 2006 budget. No comments were received. Jones made a motion to close the public hearing, seconded by Johnson and carried unanimously. Johnson moved approval of Resolution 05-28 expressing the property taxation policy of the Board of Douglas County Commissioners with respect to financing the 2006 annual budget for Douglas County. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>APPOINTMENTS 08-17-05</STRONG><BR>Jones made a motion to appoint Kathy Donner, Lawrence, Kansas, to the Jayhawk Area Agency on Aging Board of Directors to fill the unexpired term of Jennifer Magyar who recently resigned. Motion was seconded by Johnson and carried unanimously. It should be noted that Donner's term will expire on September 30, 2007.</P> <P>Johnson made a motion to adjourn; Jones seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Jere McElhaney, Member<BR></P>

<P>Jones called the meeting to order at 8:31 A.M. on Monday, August 22, 2005 with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 08-22-05</STRONG><BR>Johnson moved approval of the following Consent Agenda:</P> <UL> <LI>Note receipt of fee reports for the month of June 2005; and</LI> <LI>Approve Kansas Community Corrections Act FY 05 Quarterly Summary Budget Report Adjustment</LI></UL> <P>Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PLANNING 08-22-05</STRONG><BR>The Board considered Item No. 9 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated July 27, 2005. This item is Z-04-30-05: a request to rezone a tract of land approximately 34.35 acres from A (Agricultural) District to B-2 (General Business) District. The property is generally described as being located at the southeast corner of Highway 56 and 59. Submitted by Joseph Daniels, Jr., for Joseph Daniels, Sr., property owner of record. Paul Patterson, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. This item comes to the Board with a unanimous recommendation for denial noting concerns about the amount of the area requested for rezoning, the timing, and the need for a better nodal plan. Patterson noted that staff recommended approval of the request based on the following Findings of Fact:</P> <P><STRONG>Zoning and uses of property nearby.</STRONG> The properties at the existing intersection of Highway 56 and 59 are within a B-2 (General Business) Zoning District. This property and the property to the east and south are zoned A (Agricultural) District and are in agricultural uses.</P> <P><STRONG>Character of the area.</STRONG> Land uses surrounding the subject property consist of agricultural uses, residences, and a variety of commercial uses.</P> <P><STRONG>Suitability of subject property for the uses to which it has been restricted.</STRONG>The subject property is located outside of the recently expanded Lawrence Urban Growth Area. It is also beyond the Baldwin City Growth Area and approximately 3.3 miles from Baldwin City Limits. The subject property is within an A (Agricultural) District zoned property and is adjacent to a B-2 (General Commercial) zoned commercial node at the intersection to the north and west (Baldwin Junction). The Kansas Department of Transportation has proposed improvements to the intersection which will cover a portion of the area requested to be rezoned.</P> <P><STRONG>Length of time subject property has remained vacant as zoned.</STRONG> The subject property is primarily used for agricultural crop production, and has been zoned A (Agricultural) District since 1966.</P> <P><STRONG>Extent to which removal of restrictions will detrimentally affect nearby property.</STRONG> Based on the proposed realignment and construction of the U.S. 56/59 interchange and the loss of commercially zoned land, it would appear appropriate to rezone a portion of the subject property from A (Agricultural) District to B-2 (General Commercial) District zoning.</P> <P><STRONG>Relative gain to the public health, safety and welfare by the destruction of the value of the petitioner's property as compared to the hardship imposed upon the individual landowners.</STRONG> It appears logical to extend commercial uses beyond the existing commercial corridor at the intersection of U.S. 59/56. The proposed construction of a highway interchange at this intersection will provide a relative gain to the public health, safety and welfare, but will take up a large portion of the existing commercially zoned property through the purchase of public right-of-way. A rezoning should result in a benefit to the motoring public and residents in the area through the convenient location of commercial services. Rezoning and future commercial uses in this area should be carefully designed and controlled to minimize undesired impact upon the surrounding A (Agricultural) District zoned land.</P> <P><STRONG>Conformance with <EM>The Comprehensive Plan</EM>.</STRONG> Once realigned and a highway interchange is constructed, the subject property will adjoin the intersection. Therefore, the rezoning request is consistent with the goals and policies of Horizon 2020 for both existing and proposed commercial nodes in the unincorporated areas of Douglas County.</P> <P>Johnson noted that when the Commercial Chapter was approved, this area was identified as a node and the allowable commercial area was increased from 7500 square feet to 15,000 square feet which indicates we were thinking this would be a commercial area.</P> <P>Jones questioned whether the neighboring property owners understood the impact this rezoning could have on the potential development of their property.</P> <P>Patterson stated that would be speculation on his part.</P> <P>Joseph Daniels, Jr., applicant, presented a copy of a map provided to him by KDOT. Daniels explained that he was asking to rezone the entire piece of ground that his father purchased in the 1980s. Daniels noted that in 1990, approval had been received for B-3 zoning for a two-acre tract, but had expired because a plat had never been submitted. In light of the fact that KDOT will be improving the highway and businesses will need to be relocated, this is an opportune time to rezone the property. Daniels' original request was to rezone it to B-3 zoning, but after discussing it with Planning Staff, they came to the conclusion that B-2 zoning would be more appropriate since it would meet the basic needs of the <EM>Comprehensive Plan</EM>. </P> <P>Daniels stated he did not agree with comments made by Planning Commissioner John Haase expressing his concern that approving the rezoning would increase the cost of their purchase for right-of-way for Highway 59 improvements. </P> <P>Jones asked if they would ask more for the property if the rezoning was approved.</P> <P>Daniels responded that they would make no commitment either way -- they are concerned about the access of the property to customers.</P> <P>Jones asked why they wouldn't wait until KDOT's plans are final to decide what to do with the property.</P> <P>Daniels stated that they would like to have a plan in place where the only thing that needs to be done is file the plat. It would be more of an incentive for a business to move over a few yards. Daniels also noted that both neighboring property owners were supportive of this request.</P> <P>Jones asked for public comment.</P> <P>Dorthea Jackson, Baldwin, Kansas, stated she believed that businesses are critical to this area.</P> <P>Jones stated that he didn't like the idea of rezoning the land. He would support a request to rezone after the highway improvements have been made so there is a clear picture of the entire development. He believed it would be irresponsible to go ahead and redevelop the land. Jones also stated that he has a hard time voting against a unanimous recommendation from the Planning Commission.</P> <P>Johnson stated he also did not like to vote against the Planning Commission's recommendation. However, it is not consistent that staff recommends approval, the public is supportive, and the Planning Commission unanimously votes against it.</P> <P>McElhaney made a motion to approve the rezoning request (Z-04-30-05) based on the above Findings of Fact and subject to the following conditions:</P> <OL> <LI>Property owner agrees to annex the subject property into the Baldwin City Limits when it becomes contiguous with Baldwin City Limits; and</LI> <LI>Approval and filing of a final plat at the Register of Deeds Office.</LI></OL> <P>Sandra Day, staff member of the Lawrence-Douglas County Metropolitan Planning Department, advised the Board that if they take action overturning the Planning Commission's decision, it should either be a unanimous vote with findings established, or direct the item back to the Planning Commission for reconsideration to return to the County Commission at which time the County Commission could vote on it with a super majority.</P> <P>Motion died for lack of a second.</P> <P>Johnson then made a motion to return this request to the Planning Commission for further consideration and recommendation. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PLANNING 08-22-05</STRONG><BR>The Board considered Item No. 14 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated July 27, 2005. This item is TA-06-01-05: Consider text amendment to the County Zoning Regulations (Article 26) regarding building permit fees, building permit expiration, and elimination of conflict between zoning regulations and adopted building codes. This item was initiated by the Board of County Commissioners at their April 25, 2005 meeting. Sandra Day, staff member of the Lawrence-Douglas County Metropolitan Planning Department, explained that this is a text amendment brought about as a result of discrepancies between specifications in the Douglas County Zoning Regulations and the Building Codes concerning building permit time limits. Additionally, the current fee schedule as contained in the Zoning Regulations is out of date. The Zoning Regulations were adopted by the Douglas County Board of County Commissioners on September 23, 1966. Article 26 was amended in 1988 when the first Douglas County Building Code was adopted. The building permit fees and time limits are not static. The fees can be amended periodically by the Board of County Commissioners and the expiration is set by the currently adopted building codes.</P><FONT face="Lucida Console"> <P>The following is the current Douglas County Zoning Regulations pertaining to permits, Article 26. The proposed deletions are shown in <STRIKE>strikethrough</STRIKE> and additions are shown by <U>underline</U>.</P> <P>ARTICLE 26. PERMITS, PLATS AND FILING FEES</P> <P>SECTION 26-1. PERMITS</P> <P>No building or mobile home shall be erected, constructed, altered, moved, converted, extended or enlarged, <U>unless exempted by applicable building codes,</U> <STRIKE>except for strictly agricultural purposes</STRIKE>, without the owner or owners first having obtained a building permit therefore from the administrative officer. Such permit shall require conformity with the provisions of the <U>Douglas County Zoning Regulations and shall be issued in accordance with and subject to all applicable provisions of all applicable subdivision regulations, building codes, rules and similar regulations</U> <STRIKE>is Resolution. When issued, such permit shall be valid for a period of six (6) months</STRIKE>.</P><STRIKE> <P>No building permit by the administrative officer, lawfully issued prior to the effective date of this Resolution, or of any amendment hereto, and which permit, by its own terms and provisions, is in full force and effect at said date, shall be invalidated by the passage of this Resolution, or any such amendment, but shall remain a valid and subsisting permit, subject only to its own terms and provisions and resolutions, rules, and regulations appertaining thereto, and in effect at the time of the issuance of said permit; provided that all such permits shall expire not later than sixty (60) days from the effective date of this Resolution, unless actual construction shall have theretofore begun and continued pursuant to the terms of said permit.</P></STRIKE><U> <P>Charges for building permits, inspections, and related fees shall be set and amended by the Board of County Commissioners from time to time.</P></U><STRIKE> <P>SECTION 26-1.01. The cost of a building permit for a mobile home, manufactured home, a residential dwelling, a residential design manufactured home, moved home, or a converted home shall be based upon the adopted County Building Code.</P> <P>The cost of a building permit for a quasi-public, commercial or industrial building shall be based upon valuation as determined by the data contained in the latest bimonthly publication entitled "Building Standards." Public agencies shall be exempt from a building permit fee.</P> <P>Once the building valuation has been determined, the building permit fee shall be calculated from the following table:</P><B> <P>TABLE NO. 1-A BUILDING PERMIT FEES</P> <P>TOTAL VALUATION FEE</P> <P></B>$1 TO $500 -- $16.33</P> <P></STRIKE><STRIKE>$501 to $2,000 -- $18.40 for the first $500 plus $2.42 for each additional $100 or fraction thereof, to and including $2,000.</STRIKE></P> <P><STRIKE>$2,000 to $25,000 -- $55.21 for the first $2,000 plus $10.89 for each additional $1,000 or fraction thereof, to and including $25,000.</STRIKE></P> <P><STRIKE>$25,001 to $50,000 -- $309.17 for the first $25,000 plus $7.90 for each additional $1,000 or fraction thereof, to and including $50,000.</STRIKE></P> <P><STRIKE>$50,001 to $100,000 -- $507.11 for the first $50,000 plus $5.48 for each additional $1,000 or fraction thereof, to and including $100,000.</STRIKE></P> <P><STRIKE>$100,001 to $500,000 -- $785.20 for the first $100,000 plus $4.19 for each additional $1,000 or fraction thereof, to and including $500,000.</STRIKE></P> <P><STRIKE>$500,001 to $1,000,000 -- $2,502.84 for the first $500,000 plus $3.63 for each additional $1,000 or fraction thereof, to and including $1,000,000.</STRIKE></P> <P><STRIKE>$1,000,001 to $5,000,000 -- $4,343.16 for the first $1,000,000 plus $2.42 for each additional $1,000 or fraction thereof, to and including $5,000,000.</STRIKE></P> <P><STRIKE>$5,000,001 to $15,000,000 -- $14,158.20 for the first $5,000,000 plus $1.21 for each additional $1,000 or fraction thereof, to and including $15,000,000.</STRIKE></P> <P><STRIKE>$15,000,001 and above -- $26,427.01 for the first $15,000,000 plus $0.81 for each additional $1,000 or fraction thereof.</P> <P>Other Inspection and Fees:</P> <DIR> <DIR> <DIR> <DIR> <P>1. Inspections outside of normal business hours (minimum charges -- two hours) -- $36.75 per hour.*</P> <P>2. Reinspection fees assessed under provisions of Section 108.8 -- $36.75 per hour.*</P> <P>3. Inspections for which no fee is specifically indicated (minimum charge -- one-half hour) -- $36.75 per hour.*</P> <P>4. Additional plan review required by changes, additions or revisions to approved plans (minimum charge -- one-half hour) -- $36.75 per hour.*</P></DIR></DIR></DIR></DIR> <P>*Or the total hourly cost to the jurisdiction, whichever is the greatest. The cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved.</P> <P>SECTION 26-1.02. No building permit will be required to repair or remodel the interior of a building as long as exterior walls or roof lines are not altered.</P> <P>SECTION 26-1.03. Any person who fails to obtain a building permit prior to commencing construction or moving a mobile home on the property shall pay a fee of $200.00 in addition to the cost of the building permit.</P></STRIKE> <P>SECTION 26-2. <U>BUILDING PERMIT APPLICATIONS</P> <P>In addition to documents and other information requires pursuant to all applicable building codes and other regulations, a</U><STRIKE>A</STRIKE><U>ll</U> applications for building permits shall be accompanied by <U>(i) two complete sets of construction plans; (ii) a recorded deed; (iii) evidence that a road access entrance permit has been issued by the Douglas County Public Works Department, Kansas Department of Transportation, or Township Board as appropriate; (iv) evidence that a sewage disposal system permit and water supply permit has been issued by the Lawrence-Douglas County Health Department or other appropriate agency or that no such permits are necessary; (v) a site plan; and (vi) a</U> <STRIKE>drawing or</STRIKE> <U>recorded boundary survey </U>plat <U>(prepared by a licensed land surveyor)</U> in duplicate or as required by the Zoning Administrative Officer, showing the following <U>(unless shown on the site plan)</U>:</P> <DIR> <DIR> <DIR> <P>(a) Location of proposed building(s) on the lot required street right-of-way line, base setback line, and required yard setback line. <STRIKE>If necessary, a boundary survey prepared by a licensed surveyor shall be included.</P></STRIKE> <P>(b) All easements, public or private; sewer or septic tank location; source of potable water supply and location.</P> <P>(c) The drawings shall contain suitable notation indicating the proposed use of all lands and buildings.</P> <P>(d) Vicinity sketch showing relationship of parcel to surrounding lands and existing street network.</P> <P>(e) title block, which shall include a north arrow, date, legal description of the property, name of owner, and scale.</P> <P>(f) Scale of drawings: For a parcel containing one acre or less--one inch equals fifty feet (1" = 50'); over one acre--one inch equals one hundred feet (1" = 100').</P><STRIKE> <P>(g) A complete set of construction plans.</P></STRIKE><U> <P>(g) </U>Road access entrance location, culvert size, and materials, as approved by the Douglas County Public Works Department, Kansas Department of Transportation, or Township Board, as appropriate.</P></DIR></DIR></DIR> <P>A <STRIKE>careful</STRIKE> record of the original copy of such applications and plats shall be kept in the offices of the administrative officer and a duplicate copy shall be kept at the building at all times during construction.</P> <P>SECTION 26-3. FILING FEES.</P> <P>SECTION 26-3.01. Al persons, firms, <STRIKE>or</STRIKE> corporations<U>, or other entities</U> (except any <U>f</U><STRIKE>F</STRIKE>ederal or <U>s</U><STRIKE>S</STRIKE>tate governmental agency or any political subdivision thereof) appealing to the Board of Zoning Appeals shall be required to pay, in advance, <U>a filing fee</U> <STRIKE>One Hundred Dollars ($100.000)</STRIKE> for expenses relative thereto. <U>The filing fee shall be set and amended by the Board of County Commissioners from time to time.</U> No part of the <U>filing</U> <STRIKE>review</STRIKE> fee shall be refunded after review of the request has begun.</P> <P>SECTION 26-3.02. All persons, firms, <STRIKE>or</STRIKE> corporations<U>, or other entities</U> (except any <U>f</U><STRIKE>F</STRIKE>ederal or <U>s</U><STRIKE>S</STRIKE>tate governmental agency or any political subdivision thereof) applying for a Conditional Use Permit under the provisions of Article 19 of <STRIKE>this Resolution</STRIKE> <U>the Douglas County Zoning Regulations,</U> or a change in the classification of the district or a portion thereof, necessitating the publication of notices in the newspaper shall be required to pay, in advance, <U>a filing</U> fee <STRIKE>One Hundred Dollars ($100.00)</STRIKE> for expenses relative thereto. <U>The filing fee shall be set and amended by the Board of County Commissioners from time to time.</U> No part of the filing <STRIKE>review</STRIKE> fee shall be refunded after review of the request has begun.</P> <P>SECTION 26-3.03. The payment of <U>filing fees</U> <STRIKE>such money</STRIKE> in advance to the <U>Douglas</U> County <STRIKE>Zoning Administrator</STRIKE> shall be deemed a condition precedent to the consideration of such appeal, <STRIKE>c</STRIKE><U>Conditional</U> <STRIKE>u</STRIKE><U>Use</U> <STRIKE>p</STRIKE><U>P</U>ermit or amendment.</P> <P>SECTION 26-3.04. If a proposed amendment is approved by the Board of County Commissioners, the property owner shall pay <STRIKE>to</STRIKE> <U>Douglas</U> County <STRIKE>Zoning Administrator</STRIKE> <U>a fee in an amount to be set and amended by the Board of County Commissioners, from time to time, to cover publication costs, which fee shall be paid</U> <STRIKE>a Thirty-five Dollar $35.00) publication fee</STRIKE> before the resolution <U>making the amendment</U> is published.</P> <P>After discussion, Jones made a motion to approve the Text Amendment to Article 26 of the County Zoning Regulations as outlined above. Motion was seconded by McElhaney and carried unanimously.</P></FONT> <P><STRONG>PLANNING 08-22-05</STRONG><BR>The Board considered SP-10-64-04: United Methodist Church of Eudora, a site plan for the construction of a 14,322 square foot church building to be located at 2044 N 1300 Road. Submitted by Kurt von Achen for United Methodist Church of Eudora, property owner of record.</P> <P>The subject property is located on the south side of Eudora at the southwest corner of K-10 Highway and E 2100 Road. The east side of E 2100 Road is located in the Eudora City Limits. The subject property abuts K-10 Highway on the north side.</P> <P>The proposed building is shown in two phases. The initial phase includes a 14,322 square foot building and associated parking and access on the south and west sides of the building. Access to the site is accommodated from a driveway from N 1300 Road on the south side of the property. A future parking lot and building footprint are shown for conceptual relationship including a second access drive to N 1300 Road east of the first access.</P> <P>The applicant has been working with KDOT to orient the development in a manner that will not conflict with future improvements for an interchange of K-10 Highway and Winchester Road (E 2100 Road). The site plan reflects a future right-of-way alignment for the expanded highway (6 lanes) and the access ramp that will encumber an estimated 2.5 acres of the northeast corner of the subject property. The proposed site plan shows a building setback from the future property line that is consistent with the zoning code.</P> <P>Planning Staff recommends approval of the Site Plan subject to the following conditions:</P> <OL> <LI>Provision of a note that states a revised site plan must be submitted for approval for all future improvements to this site; and</LI> <LI>Provision of a revised site plan to show the location of a trash storage area and to include a note regarding the method of removal of trash from the site.</LI></OL> <P>Jones moved approval of SP-10-64-04 subject to the above conditions. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>PUBLIC WORKS 08-22-05</STRONG><BR>The Board considered approval of a bid for improvements to Route 458 at E 1000/N 1200 Road -- Douglas County Project No. 2004-11. Keith Browning, Director of Public Works/County Engineer, explained that this project entails reconstruction of the Route 458 curve at E 1000 Road/N 1200 Road, sometimes known as Banning's Corner and located just southeast of the Clinton Lake dam. The project also includes construction of 6'-wide paved shoulders through the reconstructed curve and along the existing east-west tangent section to a point approximately 1/2 mile east of E 1000 Road. This project is in the CIP scheduled for construction this year.</P> <P>Several contractors obtained plans in order to bid on this project, however, only one bid was received from LRM Industries, Inc., in the amount of $503,836.</P> <P>Browning noted that it was discovered earlier in the week that this project is not all contained on Corps ground which will require the acquisition of additional right-of-way. The property owners were contacted and a contract was negotiated with Steve &amp; Patricia Shirk in the amount of $800, and an agreement was made with David Holroid to construct a field entrance in return for the right-of-way. </P> <P>McElhaney made a motion to authorize the Chair to sign the Contract for Highway Purposes between Douglas County, Kansas and Stephen H. and Patricia A. Shirk. Motion was seconded by Johnson and carried unanimously.</P> <P>Jones made a motion to accept the bid from LRM Industries, Inc. to construct Project No. 2004-11 -- improvements to Route 458 in the vicinity of E 1000 Road/N 1200 Road, and authorize the Director of Public Works to approve change orders totaling 5% of the construction contract amount. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PLANNING 08-22-05<BR></STRONG>The Board noted receipt of CPA-2005-04: Amendment to the Comprehensive Plan, Horizon 2020, which proposes to incorporate into the plan a new chapter pertaining specifically to rural planning and development of the unincorporated areas of Douglas County. Jones made a motion to note receipt of CPA-2005-04 as proposed by the Planning Commission. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 08-22-05</STRONG><BR>Jones moved approval of accounts payable in the amount of $688,458.30 to be paid 08/22/05; accounts payable manual checks in the amounts of $60.00 and $566.06; payroll in the amount of $657,725.19; and electronic funds transfers in the amounts of $48,367.29 for FICA and $45,386.54 for KPERS to be paid 08/19/05; Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>PUBLIC COMMENT 08-22-05</STRONG><BR>Mike Fangman, Clinton Township Resident, discussed issues regarding Red Tail Ridge Subdivision and Rural Water District #5. No action was taken.</P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P></P> <P>_____________________________ _____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member<BR></P>

<P>Jones called the meeting to order at 1:36 P.M. on Wednesday, August 24, 2005 with all members present.</P> <P>Jones made a motion that the Board recess to go into executive session for one hour with Craig Weinaug, County Administrator; Keith Dabney, Director of Zoning and Codes, and Michael Seck, Special Counsel, to discuss potential litigation.</P> <P>The Board returned to regular session at 2:32 P.M. No action was taken.</P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member<BR></P>

<P>Jones called the meeting to order at 8:32 A.M. on Monday, August 29, 2005 with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 08-29-05</STRONG><BR>Johnson moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5332;&nbsp; and</LI> <LI>Approve Class B Fireworks Display Permit for the Lawrence Jaycees.</LI></UL> <P>Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>EMERGENCY MANAGEMENT 08-29-05<BR></STRONG>Paula Phillips, Director of Emergency Management, presented the Douglas County Mitigation Plan. Phillips explained that the Douglas County Mitigation Plan that the Commission reviewed in March 2005 has been approved by each of the elected bodies in Baldwin, Eudora, Lawrence and Lecompton. The Plan has been approved by FEMA pending concurrence by each of the cities in Douglas County, and promulgation by the Douglas County Commission. </P> <P>The Mitigation Plan is a FEMA requirement for communities (cities and counties) interested in receiving mitigation grant funds, and for eligibility to receive federal disaster assistance from Presidential declared events. </P> <P>Jones questioned what obligations went along with the acceptance of the Plan.</P> <P>Phillips stated that we just needed to show we're taking steps towards one or more of the objectives.</P> <P>McElhaney asked who made the determination as to whether or not we were making progress.</P> <P>Phillips said that FEMA makes that determination.</P> <P>The Board made editorial suggestions and directed Phillips to make amendments and place this item on a future Consent Agenda for adoption. No action was taken.</P> <P><STRONG>ACCOUNTS PAYABLE 08-29-05<BR></STRONG>Johnson moved approval of accounts payable in the amount of $164,539.49 to be paid 08/29/05, and accounts payable manual checks in the amount of $75.00. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PUBLIC COMMENT 08-29-05</STRONG><BR>Dorthea Jackson, resident of Baldwin City, made comments regarding <EM>Horizon 2020</EM> and the Planning Commission.</P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Jere McElhaney, Member<BR></P>

<P>Jones called the joint meeting with the Southeast Area Plan Subcommittee of the Planning Commission to order at 4:30 P.M. on Tuesday, August 30, 2005 at Lawrence City Hall, with all members present. </P> <P>The Board discussed issues regarding the Farmland Plant and conducted a general discussion with regard to the East Area Plan. No action was taken.</P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;&nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member<BR></P>

<P>Jones called the meeting to order at 6:35 P.M. on Wednesday, August 31, 2005 with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>PROCLAMATION 08-31-05</STRONG><BR>Jones read a Proclamation proclaiming the week of September 4-9, 2005 as "Lawrence Literacy Week. Jones made a motion to adopt the Proclamation as read; McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>PUBLIC WORKS 08-31-05</STRONG><BR>The Board discussed a proposed temporary turnaround on E 920 Road. Keith Browning, Director of Public Works/County Engineer, explained that a development ("Lake Estates at Alvamar") within the Lawrence city limits in the northeast quadrant of K-10 Highway (SLT) and Clinton Parkway calls for construction of Lake Pointe Drive. This phase of Lake Pointe Drive construction includes a temporary turnaround near the city limits. Some property owners (Paley, Henriquez and Hoffman) along E 920 Road just outside the city limits became concerned motorists could access E 920 Road from the temporary turnaround on Lake Pointe Drive when this phase of Lake Pointe Drive is completed. </P> <P>The southern portion of E 920 Road was vacated in 1994 as a result of the platting of Lake Estates Subdivision No. 6, although a travelable roadway still remains in the vacated portion located on the Hoffmans' property. The three property owners request to have a temporary turnaround constructed on E 920 Road and to have the portion of E 920 Road travelway that was vacated by previous plat eradicated. </P> <P>The portion of E 920 Road south of the Henriquezes' driveway has not been maintained for several years due to lack of need to use this portion of the roadway for property access. The temporary turnaround, if constructed, should be located just south of Henriquezes' driveway since the chip sealed roadway maintenance ends at this location. This location would be approximately 650 feet north of the southern terminus of E 920 Road right-of-way.</P> <P>The Henriquezes and Mary Ann Hoffman met with Terese Gorman, City Engineer, John Shutak with PEC Consultants and representing the developer of Lake Estates at Alvamar, met with Browning in June to discuss the issue and a draft Memorandum of Understanding was developed as a result.</P> <P>Doug Garber, a neighbor of the Hoffmans, Henriquezes and Paleys, contacted Browning and expressed his opposition to construction of a temporary turnaround. He requested that the Board of County Commissioners discuss the issue and determine whether or not a temporary turnaround should be constructed on E 920 Road. </P> <P>No right-of-way would be created or vacated by this proposal. All work to construct the turnaround and eradicate the existing travelway south of the turnaround would be performed and paid for by the developer of Lake Estates at Alvamar. As noted in the draft Memorandum of Understanding, it is planned that Lake Pointe Drive will eventually connect to E 902 Road and E 920 Road will connect to Lake Pointe Drive as annexation and redevelopment occur.</P> <P>Johnson noted for the record that he is a member of the Alvamar Board of Directors. It was the consensus that this is not a conflict of interest.</P> <P>Jones made a motion to place a temporary turnaround at the end of where the road is currently maintained by Douglas County (approximately 650 feet north of the southern terminus of E 920 Road right-of-way); direct staff to make necessary temporary easements to accomplish the turnaround; and direct the County Engineer to construct an appropriate barrier with the appropriate signage at the turnaround based on his judgment to discourage traffic. Motion was seconded by Johnson. It should be noted that there is nothing in this action which is meant to imply any abandonment of the right-of-way. McElhaney requested that a final vote be delayed until September 21, 2005. It was the consensus of the Board to delay final action until Wednesday, September 21, 2005, at which time this item will be placed on the Consent Agenda.</P> <P><STRONG>APPOINTMENTS 08-31-05<BR></STRONG>Jones made a motion to appoint Dorthea Jackson, Baldwin City, Kansas, to the Traffic Safety Advisory Committee to replace Roger Pine who recently resigned. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>MISCELLANEOUS &amp; PUBLIC WORKS 08-31-05</STRONG><BR>At 8:20 P.M., Jones made a motion that the Board recess to go into executive session until 8:35 P.M. with Craig Weinaug, County Administrator; Keith Browning, Director of Public Works/County Engineer; and Michael Kelly, County Surveyor, to discuss acquisition of property for right-of-way. The Board returned to regular session at 8:34 P.M. No action was taken.</P> <P>&#160;Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Jere McElhaney, Member<BR></P>

<P>Jones called the meeting to order at 6:34 P.M. on Wednesday, September 21, 2005 with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 09-21-05<BR></STRONG>Jones moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Z-07-47-05: Request to rezone a tract of land approximately 10.09 acres from A (Agricultural) District to A-1 (Suburban Residential) District. The property is generally described as being located at 771 Highway 40. Submitted by Elnora Burggraf, property owner of record, contingent upon the condition upon the recording of a final plat prior to publication of the rezoning resolution; and</LI> <LI>Approve waiving the Purchasing Policy requirements for acquisition of professional services, and request a proposal from Finney &amp; Turnip seed, L.L.P. for engineering services for replacing the deck on the Kansas River Bridge at Lecompton.</LI></UL> <P>Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>PUBLIC WORKS 09-21-05</STRONG><BR>The Board discussed a proposed temporary turnaround on E 920 Road in the Lake Estates area in the northeast quadrant of K-10 Highway (SLT) and Clinton Parkway. This item was discussed and tabled by the Board at their August 31, 2005 meeting. Keith Browning, Director of Public Works/County Engineer, was present for the discussion. The southern portion of E 920 was vacated in 1994 although a travelable roadway remains in the vacated portion. The existing road has not been maintained south of the southernmost entrance (the Henriquez entrance) due to lack of need to sue this portion of road for property access. This location is approximately 640 feet north of the southern terminus of the existing public right-of-way.</P> <P>An agreement to construct a temporary turnaround has been reached with the previous owner of the development ("Lake Estates at Alvamar") just south of the Henriquez property and within the Lawrence city limits. This development has since sold and the new owner d&#160;s not agree to construct the turnaround. Construction of a temporary turnaround would presumably fall to the County or to the abutting property owners (Hoffman and Henriquez). </P> <P>Browning stated that he spoke with Terese Gorman, Director of the Public Works Department for the City of Lawrence, to ensure they didn't have a problem with the proposed turnaround. Gorman indicated they do have a development plan for that area. However, since this is outside the city limits, approval is not necessary.</P> <P>This plan is that the road will be extended to the west property line with a turnaround at that point, that would be touching this chip sealed surface that is only partially in road right-of-way at this point. This also shows eradicating this old surface, old deteriorated chip sealed surface and shows constructing a temporary turnaround. This was turned into the City in early August, it has not been approved, but it has been reviewed and is on second review and would probably be approved soon.</P> <P>Jones asked for public comment.</P> <P>Todd Thompson, spoke on behalf of Doug Garber, who owns property north of the Hoffmans. Thompson stated the purpose of his presence is to discuss the disagreement between the neighbors as to whether E 920 Road will ever connect with Lake Pointe Drive. He expressed concern that the County's action would put a "bulb" at the very southern tip of the County right-of-way which could be interpreted that it should be a permanent cul-de-sac or that there should never be a connection between E 920 Road and Lake Pointe Road. Thompson asked that the Board specifically state that this is a temporary situation and that the expectation is that E 920 Road will connect with Lake Pointe Road. </P> <P>Jones stated he didn't mind stating the bulb was temporary, but was more hesitant to project or predict what the City will do in terms of its process. He asked if it wasn't sufficient for the motion to indicate that the bulb is temporary.</P> <P>Thompson said that he wasn't asking the Board to predict what the City would do, but would like the action to state that it should not be construed to imply that it is the Board's belief or intent that the roads should not be connected.</P> <P>Johnson stated that when this was previously discussed, the Board responded without any reservation that it was not the Board's intent to preclude the roads from connecting in the future. However, if and when that happens, it will happen under the watch of the City, not Douglas County.</P> <P>Francois Henriquez, 1436 E 920 Road, stated that he supported the direction the Board was taking. </P> <P>Jones made a motion that staff be instructed to acquire the necessary easements to install a temporary turnaround on E 920 Road south of and in proximity to the entrance located at 1436 E 920 Road, and that measures be taken to discourage and disrupt traffic from continuing south of the temporary turnaround. This action is taken with no intent as to how the City should handle this road system once it's annexed into the City. Motion was seconded by McElhaney and carried unanimously.</P> <P>Jerry Potter requested that a "Dead End" or "No Outlet" sign be placed at the entry way.</P> <P>McElhaney made a motion to adjourn; Jones seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member<BR></P>

<P>Jones called the meeting to order at 8:34 A.M. on Monday, September 26, 2005 with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 09-26-05</STRONG><BR>Johnson moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5334. Order is on file in the office of the County Clerk; and</LI> <LI>Approve the 2006 Holiday Schedule as follows:</LI></UL> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>&nbsp;&nbsp;&nbsp;New Year's Day&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Monday, January 1, 2006<BR>&nbsp;&nbsp;&nbsp;Martin Luther King's Day&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Monday, January 16<BR>&nbsp;&nbsp;&nbsp;Memorial Day&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Monday, May 29<BR>&nbsp;&nbsp;&nbsp;Fourth of July&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Tuesday, July 4<BR>&nbsp;&nbsp;&nbsp;Labor Day&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Monday, September 4<BR>&nbsp;&nbsp;&nbsp;Thanksgiving&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Thursday-Friday, November 23-24<BR>&nbsp;&nbsp;&nbsp;Christmas&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Monday, December 25<BR>&nbsp;&nbsp;&nbsp;Two (2) Personal Discretionary Days</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>Personal Discretionary Day:</P> <P><EM>Eligibility:</EM> Employee's status must be full time or part time with benefits, with an employment date on or before October 1, 2006. Employees hired after June 30, 2006 (but before October 1) are only entitled to one (1) personal discretionary day.<BR><EM>Definition:</EM> One (1) normal work day.<BR><EM>Scheduling:</EM> Must be taken all at one time (may not be split into hours). Must be scheduled in advance through the employee's supervisor and according to departmental procedures. Must be utilized during the calendar year 2006 and PRIOR to December 16, 2006.</P></BLOCKQUOTE></BLOCKQUOTE> <P>Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>COMMUNITY CORRECTIONS 09-26-05<BR></STRONG>The Board discussed the FY2005 Community Corrections Year-End Report. Shannon Murphy, Deputy Director, conducted a brief presentation. Jones made a motion to approve the FY2005 Community Corrections Year-End Report. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>PUBLIC WORKS &amp; CONTRACTS 09-26-05</STRONG><BR>The Board considered approval of a Contract for Engineering Services for replacement of Route 1023 Bridge No. 06-97-01.00 over Rock Creek -- Project No. 23C 4122-01. Keith Browning, Director of Public Works/County Engineer, explained that the referenced project involves the replacement of Bridge No. 06- 97N-01.00E on Route 1023. The project is on the County's five-year plan for federal funding and is scheduled for a KDOT bid letting in January 2008. Federal funds will cover 80% of the construction costs, but the total cost of engineering design services is the responsibility of the County. Purchasing Policy procedures were followed to select the consulting firm of BG Consultants, Inc. to perform the engineering design services for this project. </P> <P>The contract is a lump sum contract with a total cost of $36,467.25. This cost d&#160;s not include the cost of a geotechnical study, which is required to allow design of the bridge foundations. In addition to engineering design, the total cost includes load rating the completed bridge and completing a new Structure Inventory and Appraisal (SI&amp;A) Form for the completed bridge as required by JHWA and KDOT. </P> <P>After discussion, McElhaney made a motion to approve the Contract with BG Consultants, Inc. for engineering services at a lump sum cost of $36,467.25 for the replacement of the Route 1023 bridge over Rock Creek -- KDOT Project No. 23 C-41220-1. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>ZONING 09-26-05</STRONG><BR>The Board discussed a request received from Sean Welch for an exemption or amendment to Home Rule Resolution No. HR-05-6-5 which prohibits the issuance of permits for the construction or placement of dwellings and mobile homes on certain tracts relying on the 5-acre exemption. Keith Dabney, Director of Zoning &amp; Codes, and Sean Welch, applicant, were present for the discussion. Welch explained that his parents purchased 5 acres of land on E 350 Road from Frieda LaDuke in April so they could build on the property. Unexpected delays prevented the Welch's from meeting the June 1, 2005 deadline to record a plat of survey. </P> <P>Johnson stated he was not inclined to make any exceptions under the moratorium simply because it opens the door to additional requests. Johnson suggested that the Welch's wait until after the new rules and regulations have been adopted, which could be more attractive to all parties involved.</P> <P>Jones agreed. He suggested that this request be tabled. No action was taken.</P> <P><STRONG>ZONING 09-26-05</STRONG><BR>The Board discussed a request received from Dr. Keith W. Gallehugh regarding a proposed application for a Letter of Map Revision to the official floodplain map. Keith Dabney, Director of Zoning and Codes, explained that since the necessary in-depth engineering analysis that is required to submit a MT-2 application is tremendously expensive, Dr. Gallehugh requested Commission approval prior to commencing such a major undertaking. It was the consensus of the Board to table this request until after the new subdivision regulations had been adopted. No action was taken.</P> <P><STRONG>PURCHASING 09-26-05</STRONG><BR>Pam Madl, Assistant County Administrator, presented revisions to the Douglas County Purchasing Policy. No action was taken.</P> <P><STRONG>ACCOUNTS PAYABLE 09-26-05<BR></STRONG>Jones moved approval of accounts payable in the amount of $205,931.34 to be paid 09/26/05. Motion was seconded by Johnson and carried unanimously.</P> <P>McElhaney made a motion to adjourn; Jones seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member<BR></P>

<P>Jones called the meeting to order at 7:30 P.M. on Wednesday, September 14, 2005 with all members present. The Pledge of Allegiance was recited.</P> <P>Jones moved approval of the minutes of August 10, August 15, August 17, August 22, August 24, August 29, August 30, as amended, and August 31, as amended, 2005. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>CONSENT AGENDA 09-14-05</STRONG><BR>Johnson moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5333</LI></UL> <P>Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PLANNING 09-14-05</STRONG><BR>The Board considered Item No. 18 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated August 24, 2005. This item is TA-07-02-05: Consider a text amendment to Chapter 21 of the City/County Subdivision Regulations regarding concurrent submissions of preliminary and final plats. Initiated by the Planning Commission on July 27, 2005. Linda Finger, Director of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. This item comes to the Board with a unanimous recommendation for approval.</P> <P>Finger explained that this is a text amendment suggested by Staff in an effort to provide more flexibility in the concurrent plat requirements and to reduce the number of requests the Planning Commission receives to waive these requirements for specific properties. The existing text in Section 21-204 is provided in <EM>italics</EM> and the proposed text is shown in <STRONG>bold</STRONG> below.</P> <P><STRONG>EXISTING REGULATIONS</STRONG><BR><STRONG><EM>21-204. CONCURRENT SUBMISSION OF PRELIMINARY AND FINAL PLATS.</EM></STRONG></P> <P><EM>Concurrent submissions of preliminary and final plats for the same property shall be permitted if the following descriptions do not apply to the property being platted:</EM></P> <P><EM>(a)<U> Platting of large lot subdivisions</U>. Plats that result in the creation of individual lots of one (1) acre or greater in area in the incorporated city limits; or 5 acres or greater in the unincorporated areas of the county, shall require preliminary plat approval prior to submission of a final plat,<BR>(b) <U>Dedication of multiple street or road rights-of-way</U>. Preliminary plats which propose dedication of multiple street or road rights-of- way shall require review and approval prior to submittal of a final plat.<BR>(c) <U>Multiple zoning designations</U>. Preliminary plats which include or propose lots for more than one zoning category shall require review and approval prior to submittal of a final plat.</EM></P> <P><EM><STRONG>PROPOSED REGULATIONS<BR>21-204 CONCURRENT SUBMISSION OF PRELIMINARY AND FINAL PLATS.</STRONG></EM></P> <P><EM><STRONG>Concurrent submissions of preliminary and final plats for the same property shall be permitted:<BR>(a) IF the following criteria apply:</STRONG></EM></P> <P><EM><STRONG>(i) Maximum size of the subdivision being platted is one (1) acre or less if located within the city limits of Lawrence or exceeds ten (10) acres if located within the unincorporated area of Douglas County; AND</STRONG></EM></P> <P><EM><STRONG>(ii) No new street rights-of-way are required or are being dedicated; AND</STRONG></EM></P> <P><EM><STRONG>(iii) The subdivision has no more than one zoning classification, excluding floodplain overlay or historic district designations.</STRONG></EM></P> <P><EM><STRONG>(b) OR</STRONG></EM></P> <P><EM><STRONG>(i) Subdivisions platted for the development of a public building, school building, or sports facility have a maximum size limitation of 50 acres; AND</STRONG></EM></P> <P><EM><STRONG>(ii) Development of the land within the subdivision is subject to review of drainage and stormwater runoff requirements based on other regulations that apply to development prior to the issuance of a building permit.</STRONG></EM></P> <P>Johnson asked whether it made sense to reference ten (10) acres in section a(i) with the temporary moratorium in effect.</P> <P>Finger replied that if someone were to get caught up, they would need to go through the preliminary and final plat process.</P> <P>McElhaney questioned whether it would be beneficial to delay action until December when the moratorium expires. </P> <P>Finger stated that the school expansion projects would get caught up.</P> <P>Jones stated he would like to see the amendments reference one (1) building or one (1) house and eliminate the reference to acreage and place this item on a future Consent Agenda. </P> <P>No action was taken.</P> <P><STRONG>PLANNING 09-14-05<BR></STRONG>The Board considered Item No. 13A of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated August 24, 2005. This item is Z-05-32-05: A request to rezone a tract of land approximately 18.5 acres from A (Agricultural) District to A-1 (Suburban Residential) District. The property is generally described as being located at the northwest corner of E 1600 Road and N 1000 Road. Submitted by Landplan Engineering, for David E. Mears, property owner of record. Lisa Pool, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. Staff recommends approval of the rezoning request based upon the following Findings of Fact:</P> <P><STRONG>Zoning and land uses of surrounding properties.</STRONG> The applicant is proposing to rezone 18.5 acres from the A (Agricultural) District to the A-1 (Suburban Residential) District. The land is currently undeveloped, and includes a tree line, which runs from the property's northeast corner to the southwest corner. The areas to the north, east, and west are zoned A (Agricultural) District, while the subdivision to the south is zoned A-1 (Suburban Residential) District. Within the vicinity of the subject parcel, the properties to the west of E 1600 Road comprise suburban residential development, while those to the west of E 1600 Road include mostly rural residential lots.</P> <P><STRONG>Character of the area.</STRONG> The area is characterized by a mix of agricultural uses with rural and suburban residential developments. While the area has a distinct rural character, several single-family residences surround the property in each direction. All parcels surrounding the subject property are zoned A (Agricultural) District, excluding those to the south, which are zoned A-1 (Suburban Residential) District. The subject property is located outside of the Lawrence City Limits, but is within the Urban Growth Area (UGA).</P> <P><STRONG>Suitability of subject property for the uses to which it has been restricted. </STRONG>All properties to the north, east, and west of the subject parcel are zoned A (Agricultural) District. The properties to the south are zoned A-1 (Suburban Residential) District. The area features a variety of agricultural uses and single- family residences located on large tracts of land. The property is adjacent to a platted subdivision, is within the Urban Growth Area, is outside the FEMA designated floodplain, and has access to hard-surfaced roads. A portion of E 1600 Road, stretching from N 1000 to N 1100 Road, was chip sealed during the week of June 6, 2005.</P> <P><STRONG>Length of time subject property has remained vacant as zoned.</STRONG> The property has been zoned A (Agricultural) District since the adoption of the 1966 Douglas County Zoning Regulations. The subject property is unimproved and d&#160;s not include agricultural uses.</P> <P><STRONG>Extent to which removal of restrictions will detrimentally affect nearby property.</STRONG> As the subject property is located within the Urban Growth Area and is adjacent to a platted subdivision and other large lot single-family homes, approval of a rezoning of this property from the A (Agricultural) District to the A-1 (Suburban Residential) District will not alter the past trend for rural residential development and should not detrimentally affect nearby properties.</P> <P>At the June Planning Commission meeting, the Commission had requested that the applicant provide site distance and stormwater information with the preliminary plat application. As the Intersection Site Distance (ISD) for the driveway between Lots 1 and 2 has no limitations and the ISD for the second driveway is limited to approximately 863 feet, which is 253 feet greater than the minimum required value of 610 feet, it has been concluded that the proposed location of the subject driveways provides adequate ISD. Regarding stormwater, the calculations resulted in a less than 1% increase in peak flows at both points. Thus, it was determined that the proposed development will have a relatively insignificant effect on stormwater flow within the project vicinity.</P> <P><STRONG>Relative gain to the public health, safety and welfare by the destruction of the value of the petitioner's property as compared to the hardship imposed upon the individual landowners.</STRONG> If the property retains its A (Agricultural) District designation, it would be able to function with any of the following permitted uses, among others: agriculture, hospital or clinic for large or small animals, commercial greenhouse, church, or school. Properties within the UGA may not be developed for residential purposes through the five-acre exemption, and must be rezoned to the A-1 (Suburban Residential) District in order to obtain a building permit for residential development.</P> <P><STRONG>Conformance with <EM>The Comprehensive Plan</EM>.</STRONG> The proposed request conforms to several <EM>Horizon 2020</EM> policies related to low-density residential uses. Specifically, each lot conforms to the minimum lot size recommendation of three acres within the UGA.</P> <P>AND subject to the following condition:</P> <P>1. Recording of a final plat prior to publication of the rezoning resolution.</P> <P>Pool noted that this item comes to the Board with a 7-3 recommendation for denial based on the following Findings of Fact:</P> <P>1. Arguments as raised in discussion;<BR>2. No verifiable information to contradict public testimony about intersection hazards; and<BR>3. Significant concern about the public health, safety and welfare.</P> <P>Pool also noted that a valid protest petition was on file which will require a unanimous vote of approval by the Board of County Commissioners.</P> <P>John Selk, Landplan Engineering, spoke on behalf of the applicant. He explained that this plat represents the second integration of the preliminary plat. Discussions with Public Works staff indicated that significant improvements were forthcoming on N 1000 Road which would make any access at that point not as desirable as coming off of E 1600 Road. It was the consensus to develop a flag lot for Lot 5 so access could be taken off of E 1600 Road. This also reduces the number of accesses on E 1600 Road from three (3) to two (2). While flag lots are not preferred, this was the applicant's attempt to address Public Works' concerns. Selk also noted there was a lot of concern about future redivision of these lots but he felt like this wouldn't be a problem because of the distance from the Urban Growth Area and the general character of other lots in the surrounding area.</P> <P>Johnson asked if the property was located within one-half (1/2) mile of the outer edges of the Urban Growth Area.</P> <P>Selk stated that it was. He noted that a traffic study was conducted which indicated that the site distance on E 1600 Road is about as good as it gets for any road. The highest speed recorded on a typical week day was 35 mph for northbound traffic and 46 mph for southbound traffic which is much less than the designed speed of 55 mph. He said that the site drains well, there is a waterway that crosses the site and it's pretty well wooded.</P> <P>Jones noted that drainage on this site was an issue at the Planning Commission Meeting.</P> <P>Selk stated that he did not believe there would be an increase in flooding because of the development of this property and the items brought up at the Planning Commission Meeting were not appropriate.</P> <P>Jones noted that there was significant water in the watershed to the west and asked whether there was standing water on the subject property.</P> <P>Selk replied that there was no standing water on the subject property.</P> <P>McElhaney asked who conducted the traffic study.</P> <P>Selk stated that he typically conducts the traffic studies, but in this case a professional was hired.</P> <P>Jones asked whether it was possible that once all these subdivisions are put together, the cumulative flooding impact could be significant.</P> <P>Selk replied that this was possible this would be the last undeveloped piece.</P> <P>Jones asked for public comment.</P> <P>Cindy Nau, 1039 E 1600 Road, presented a map showing the various waterways and streams. She demonstrated how the waterways flow and expressed concerns about flooding. Nau stated that just because there is a road and a water meter, it isn't time to build. She questioned whether the police and fire departments were prepared for this area to be built. Nau also discussed road improvements and accidents in the area.</P> <P>Wendy Dalquest, 1004 E 1600 Road, noted concerns about the roads. She stated that these are county roads which are not designed for development. She said the average speed on these roads was much higher than the traffic study indicated. She questioned the time of day the traffic studies were conducted. Dalquest also noted concerns about septic tanks.</P> <P>John Connett, 1035 E 1600 Road, expressed concerns about traffic and flooding.</P> <P>Tom Nau, 1039 E 1600 Road, said he believed all the neighbors agree that development is going to happen, but they would like to see it planned better.</P> <P>Selk said that there might be a one-half (1/2) percent increase in runoff -- the actual rise in floodwater based upon five (5) developed lots is less than one- eighth of an inch (1/8"). Selk further stated that the traffic study was done during peak hours.</P> <P>Jones made a motion to close the public hearing; Johnson seconded and the motion carried unanimously.</P> <P>Johnson stated that he would have a difficult time voting against this since it meets most, if not all, of all the guidelines set out in <EM>Horizon 2020</EM>. The proposal presented is the right way to go about it, it was recommended for approval by Planning Staff, it's on the outer edge of the Urban Growth Area, and is better than the old 5 acre exemption. This is a planning process to some degree. </P> <P>McElhaney agreed that this request is consistent with the guidelines set out in <EM>Horizon 2020</EM> and indicated he would vote in favor.</P> <P>Jones stated that he felt it was inappropriate for the Planning Commission to judge this on the basis of rules not yet adopted. He said that in his view, this d&#160;s cross the contiguity threshold. While he is persuaded there is a traffic issue at the intersection, he didn't believe this issue would make it worse by the presence of this development. He noted his concerns about the flooding issue. It may be true that this site would have a minimal impact, but he has concerns about the cumulative effect. </P> <P>Johnson made a motion to approve Z-05-32-05, based on the Findings of Fact outlined by Planning Staff, and subject to the following condition:</P> <P>1. Recording of a final plat prior to publication of the rezoning resolution. </P> <P>Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PLANNING 09-14-05<BR></STRONG>The Board considered Item No. 9 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated August 24, 2005. This item is Z-07-45-05: a request to rezone a tract of land approximately 6.09 acres from A (Agricultural) District to A-1 (Suburban Residential) District. The property is generally described as being located at the southeast corner of N 900 and E 1050 Road. The application is submitted by Eldon R. Mize, property owner of record. </P> <P>Paul Patterson, staff member of the Lawrence-Douglas County Metropolitan Planning Department, introduced the item and explained that it comes to the Board with a unanimous 10-0 recommendation from the Planning Commission for denial, based on the following Findings of Fact, as set forth in the body of the Staff Report, dated August 24, 2005:</P> <P><STRONG>Zoning and uses of property nearby.</STRONG> The subject property is zoned for agricultural uses and is not being used for agricultural production. The surrounding area is similarly zoned and used for agricultural activities. Floodplains exist to the west, north and east of this property. Rural residential uses can be found to the east, south and across E 1050 Road to the west on the small area of higher ground outside the floodplain.</P> <P><STRONG>Character of the area.</STRONG> The character of the area is a mixture of agricultural uses and rural residential uses.</P> <P><STRONG>Suitability of subject property for the uses to which it has been restricted.</STRONG> A-1 zoning will permit the continued use of this property for agricultural uses but will make it more suitable for development as a rural residential site. The property d&#160;s not currently have a rural water meter. It is unknown if the property owner has immediately available the access to a rural water meter in RWD #5. The proximity of this property to two FEMA designated floodplains enhances its suitability for some agricultural activities.</P> <P><STRONG>Length of time subject property has remained vacant as zoned.</STRONG> The property was zoned Agricultural with the adoption of the County Zoning Regulations in 1966.</P> <P><STRONG>Extent to which removal of restrictions will detrimentally affect nearby property.</STRONG> Residential uses occur occasionally along both N 900 Road and E 1050 Road. They can be found to the east, southeast and west of the subject property. Although the development pattern within this area was primarily agricultural, there is a growing pattern of scattered rural residential uses occurring to the east. Floodplains prevent or discourage this pattern's extension to the north or future to the west, past the intersection.</P> <P><STRONG>Relative gain to the public health, safety and welfare by the destruction of the value of the petitioner's property as compared to the hardship imposed upon the individual landowners.</STRONG> There is no obvious gain to the public health, safety and welfare by the proposed request. This request was not initiated by the public and therefore there is no related destruction of value of the subject property since it may continue to be used for agricultural purposes. The hardship to the applicant is the loss of ability for residential development at this time. Approval of additional residential along E 1050 Road could impose hardships on the continued use of adjoining and nearby lands for agricultural purposes.</P> <P><STRONG>Conformance with <EM>The Comprehensive Plan</EM>.</STRONG> The proposed request is not consistent with land use recommendations found in <EM>Horizon 2020</EM>.</P> <P>Eldon Mize, applicant, stated that he purchased 6.09 acres with the intent of building a home. He said that it is a beautiful place for a house and is more than the 5 acres he believed was required for this purpose. He noted that he would not be building in the floodplain. He expressed concerns regarding interpretation of the subdivision regulations and the determination that the property was not exempt.</P> <P>Linda Finger, Director of the Lawrence-Douglas County Metropolitan Planning Department, explained that the original tract has been split at least three times with one resulting parcel of less than 5 acres. That makes the property non-exempt from the subdivision regulations and restricts further divisions of property to the platting and zoning process. </P> <P>Jones stated that he would not support this application. Jones stated that the division d&#160;s not qualify the exemption in the subdivision regulations. In addition, the County's Comprehensive Plan still requires some contiguity of a similarly zoned piece of property and there is no contiguity. As such, the property is not appropriate for an A-1 Suburban Residential zoning.</P> <P>Johnson said that while he understood Mr. Mize's comments, he also could not support this request because doing so would be contrary to the Commission's prior actions on other similar issues.</P> <P>Jones then made a motion to adopt the analysis of the Staff Report and the above-referenced Findings of Fact and to deny Z-07-45-05. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>PLANNING 09-14-05</STRONG><BR>The Board considered Item No. 10 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated August 24, 2005. This item is Z-07-47-05: a request to rezone a tract of land approximately 10.09 acres from A (Agricultural) District to A-1 (Suburban Residential) District. The property is generally described as being located at 771 Highway 40. Submitted by Elnora Burggraf, property owner of record. Paul Patterson, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. Patterson explained that at their meeting, the Planning Commission had two (2) motions -- the first was to deny, which failed 5-5, and the second was a motion to approve, which failed 4-6. When there is no recommendation for approval, the default action is for denial, even though the motion failed. Planning Staff recommends approval based on the following Findings of Fact:</P> <P><STRONG>Zoning and uses of property nearby.</STRONG> The subject property is zoned for agricultural uses and is being used for agricultural production and contains a rural residence and barn. The surrounding area is similarly zoned and used for agricultural activities. Rural residential uses can be found in all four directions.</P> <P><STRONG>Character of the area.</STRONG> The character of the area is a mix of agricultural and rural residential uses.</P> <P><STRONG>Suitability of subject property for the uses to which it has been restricted.</STRONG>The suitability of the use of the subject property for agricultural activity is not questioned. The property lacks the ability to be developed with an additional residence because it is located within the Urban Growth Area. The property is suitably zoned for agricultural activity.</P> <P><STRONG>Length of time subject property has remained vacant as zoned.</STRONG> The property was zoned Agricultural with the adoption of the County Zoning Regulations in 1966.</P> <P><STRONG>Extent to which removal of restrictions will detrimentally affect nearby property.</STRONG> Rural residential uses can be found in all directions. The property currently has direct access from Highway 40. Platting this property would restrict all direct access to Highway 40, with access to be provided from the adjacent E 767 Road. The request is consistent with the surrounding development pattern.</P> <P><STRONG>Relative gain to the public health, safety and welfare by the destruction of the value of the petitioner's property as compared to the hardship imposed upon the individual landowners.</STRONG> There is no outstanding public harm nor is there any obvious gain to the public health, safety and welfare by the proposed request. This request was not initiated by the public and therefore there is no related destruction of the value of the subject property since it may continue to be used for agricultural purposes and the existing rural residential use. The hardship to the applicant is the loss of ability for an additional residential development at this time. Staff d&#160;s not anticipate any hardship associated with either approval or denial of request on adjoining properties.</P> <P><STRONG>Conformance with <EM>The Comprehensive Plan</EM>.</STRONG> The proposed request conforms to several <EM>Horizon 2020</EM> policies related to low density residential uses. Specifically, each lot conforms to the minimum lot size recommendation of three acres within the UGA, regarding Policy 1.2a. The number of total lots will be determined through review of the subdivision plat. The rezoning resolution will not be published until the recordation of a final plat.</P> <P>AND subject to the following condition:</P> <P>1. Recording of a final plat prior to publication of the rezoning resolution.</P> <P>Elnora Burggraf, applicant, stated she wanted to rezone so her daughter and son-in-law could build a house on the east side. </P> <P>Jones stated that he would normally vote against this type of request because it is not contiguous to similarly zoned property. However, he expressed concern about having direct access onto Highway 40 and would be willing to go against his principal of insisting on contiguity if both properties would be willing to take their access off of E 767 Road. </P> <P>Ms. Burggraf stated she believed that 767 Road was a private road. She said she would be willing to have her daughter take access from her existing drive way.</P> <P>Johnson agreed with Jones that access should be taken off of 767 Road if possible. </P> <P>McElhaney stated that he believed 767 Road was a township road maintained by Kanwaka Township.</P> <P>Tom Sloan, 772 Highway 40, spoke on behalf of the neighborhood and indicated that everybody is in support of this request.</P> <P>It was the consensus of the Board to table this item until Monday, September 19, 2005, so staff could get a definitive answer as to whether 767 Road is a private road or a township road. No action was taken.</P> <P><STRONG>PLANNING 09-14-05</STRONG><BR>The Board considered Item No. 11 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated August 24, 2005. This item is Z-07-49-05: a request to rezone a tract of land approximately 8.5 acres from A (Agricultural) District to A-1 (Suburban Residential) District. The property is generally described as being located at 1010 E 1500 Road. Submitted by Taylor Design Group, P.A., for Delores Clarridge, property owner of record. Paul Patterson, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. This item comes to the Board with a 7-2-1 recommendation for denial, based on the following Findings of Fact:</P> <OL> <LI>Arguments as raised in discussion (at the Planning Commission meeting)</LI> <LI>Concerns about the impacts of additional access cuts onto a major arterial;</LI> <LI>Pending regulations including recommendations by the County Engineer that would preclude this proposal; and</LI> <LI>Concern for the public health, safety and welfare based on the access management standards under consideration by the County Commission.</LI></OL> <P>Patterson noted that staff recommended approval based on the following Findings of Fact:</P> <P><STRONG>Zoning and uses of property nearby.</STRONG> The subject property is zoned for agricultural uses and is not being used for agricultural production. The surrounding area is similarly zoned and used for agricultural activities. Rural residential uses can be found in all four directions.</P> <P><STRONG>Character of the area.</STRONG> The character of the area is a mix of agricultural and rural residential uses.</P> <P><STRONG>Suitability of subject property for the uses to which it has been restricted. </STRONG>The suitability of the use of the subject property for agricultural activity is not questioned. The property lacks the ability to be developed with an additional residence because it is located within the Urban Growth Area. The property is suitably zoned for agricultural activity.</P> <P><STRONG>Length of time subject property has remained vacant as zoned.</STRONG> The property was zoned Agricultural with the adoption of the County Zoning Regulations in 1966.</P> <P><STRONG>Extent to which removal of restrictions will detrimentally affect nearby property.</STRONG> Rural residential uses can be found in all directions. E 1500 is a paved road at this location. The request is consistent with the surrounding development pattern.</P> <P><STRONG>Relative gain to the public health, safety and welfare by the destruction of the value of the petitioner's property as compared to the hardship imposed upon the individual landowners.</STRONG> There is no outstanding public harm nor is there any obvious gain to the public health, safety and welfare by the proposed request. This request was not initiated by the public and therefore there is no related destruction of value of the subject property since it may be used for agricultural purposes and the existing rural residential use. The hardship to the applicant is the loss of ability for an additional residential development at this time. Staff d&#160;s not anticipate any hardship associated with either approval or denial of this request on adjoining properties.</P> <P><STRONG>Conformance with <EM>The Comprehensive Plan</EM>.</STRONG> The proposed request conforms to several <EM>Horizon 2020</EM> policies related to low density residential uses. Specifically, each lot conforms to the minimum lot size recommendation of three acres within the UGA. Regarding Policy 1.2a., the rezoning resolution will not be published until the recordation of a final plat.</P> <P>AND subject to the following condition:</P> <P>1. Recording of a final plat prior to publication of the rezoning resolution.</P> <P>Jones asked whether this was contiguous to a zoned subdivision.</P> <P>Patterson stated it was not.</P> <P>Linda Finger, Director of the Lawrence-Douglas County Metropolitan Planning Department, noted that this property was within the UGA and it is contiguous to a rezoned area across the road approved by the Board of County Commissioners on May 18, 2005. </P> <P>Steve Marino, Taylor Design Group, was present on behalf of the applicant. </P> <P>Jones questioned how access would be taken.</P> <P>Marino stated that access would be addressed at the preliminary and final plat stage.</P> <P>Jones said he was concerned about the way this piece of property is configured - - the only for it to be done effectively is to have a number of road cuts out onto E 1500 Road.</P> <P>Johnson stated he thought it would be one additional cut. </P> <P>Jones noted that it is difficult to make a reasonable, rational decision on rezoning requests without some sort of preliminary plat in hand.</P> <P>Marino said that would be a considerable expense for applicants if the rezoning request were denied.</P> <P>Jones stated that it could be a conceptual plan which wouldn't be as expensive.</P> <P>Johnson questioned whether this request could be configured with a shared access from either the existing cut or creation of a new cut. </P> <P>Marino stated he believed it would be possible.</P> <P>Finger suggested that a condition be added that would make it clear the access is to be shared.</P> <P>McElhaney made a motion to approve Z-07-49-05 based on the above Findings of Fact and subject to the following conditions:</P> <P>1. Recording of a final plat prior to publication of the rezoning resolution; and<BR>2. Shared access be taken as far North on the site as is feasible.</P> <P>Motion was seconded by Jones and carried unanimously.</P> <P>Jones asked if it would be appropriate to require that a preliminary plat be presented with rezoning requests.</P> <P>Finger stated that changes could be made in the new regulations that would require a preliminary plat. She suggested that it be a conceptual design plan.</P> <P>McElhaney agreed it wouldn't need to be a formal document. McElhaney then made a motion that Finger be directed to work with Evan Ice, County Counselor, to prepare a resolution adopting the requirement of a conceptual design plan showing a general layout of lots and access to roads in all A-1 zoning requests. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 09-14-05</STRONG><BR>Jones moved approval of accounts payable in the amounts of $98,514.94 to be paid 09/06/05 and $340,786.07 to be paid 09/12/05; and accounts payable manual checks in the amounts of $566.06 and $155,796.25. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>PUBLIC COMMENT 09-14-05<BR></STRONG>Tony Medlin expressed concerns with bicycle traffic on the Dam Road, particularly during the construction of County Route 458. </P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P></P> <P>_____________________________ _____________________________<BR>Charles Jones, Chairman Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Jamie Shew, County Clerk Jere McElhaney, Member<BR></P>

<P>Jones called the meeting to order at 8:36 A.M. on Monday, September 19, 2005 with two members present. McElhaney was absent. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 09-19-05</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Resolution No. 05-29 concerning reimbursement of County employees for the use of their personal motor vehicles for County business; and</LI> <LI>Approve Douglas County Mitigation Plan.</LI></UL> <P>Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>PLANNING 09-19-05<BR></STRONG>On September 14, 2005, the Board tabled Z-07-47-05: Request to rezone a tract of land approximately 10.09 acres from A (Agricultural) District to A-1 (Suburban Residential) District. The property is generally described as being located at 771 Highway 40. Submitted by Elnora Burggraf, property owner of record. The Board had requested that staff research claims that 767 Road was a private road since they preferred that the applicant take access off of E 767 Road instead of Highway 40. Keith Browning, Director of Public Works/County Engineer, stated that E 767 Road south of US Highway 40 is a private road. Discussions with Rick Prosser, owner, indicated he was not interested in granting permission for access since he had plans to build a house in the near future.</P> <P>Jones stated that he was not supportive of the rezoning request since access would be taken off of Highway 40 and it is a non-contiguous piece of property.</P> <P>Johnson stated that while he didn't disagree, she already has access to the road and the reason she requested the rezoning is really the Genesis of the 5-acre exemption. He said he believed that she should be allowed a shared access and he would be inclined to support the request.</P> <P>It was the consensus of the Board to place this item on the Consent Agenda on Wednesday, September 21 when McElhaney would be present. No action was taken.</P> <P><STRONG>MISCELLANEOUS &amp; RESOLUTIONS 09-19-05</STRONG><BR>The Board discussed the possible adoption of a resolution prohibiting the keeping of dogs on property not occupied by the owner of the dogs. Midge Grinstead, Director of the Lawrence Humane Society, was present for the discussion. Grinstead noted that adopting such a resolution might be difficult to support for a number of reasons. </P> <P>Jones stated he thought that an additional position had been approved for the Sheriff's Department with the understanding that a portion of that position would go to vicious dog enforcement. He requested that information be provided as to how much time is spent on that type of enforcement and to check to see whether additional manpower is available.</P> <P>It was the consensus of the Board to table this item until a later date when the Sheriff was available. No action was taken.</P> <P><STRONG>PUBLIC WORKS &amp; ZONING 09-19-05</STRONG><BR>Paul Davis appeared before the Board on behalf of Scott Chesbro to request approval of an entrance permit onto E 715 Road, which is a road within Lone Star Lake Park. Davis noted that Phil Metsker previously requested the entrance permit which was considered and denied by the Board in 2004. (See minutes dated October 4, 2004, October 13, 2004, November 22, 2004, and December 1, 2004 for details.) Mr. Chesbro discussed this situation with the Board on March 21, 2005. Mr. Chesbro is now making a formal request for an entrance to his property. Davis pointed out that in 1996 and entrance permit was granted to the previous owners (Mr. and Mrs. Alvin Fishburn) of Mr. Chesbro's property. This permit was for a field entrance because the Fishburns were farming the property. However, the Fishburns elected not to act on the permit and construct an entrance. In addition, a residential entrance permit for adjacent property to the north was granted before Chesbro's property was divided off of it.</P> <P>Davis stated that he wanted to make it clear that Mr. Chesbro's immediate intentions are to restore the existing barn, which would include electricity and water. He has no intentions to construct a residence at this time or to sell or subdivide the property. Because Mr. Chesbro did not know what he might do in the future, however, he did not simply want an agricultural field access permit. Davis also noted that there are entrances off of the road to almost every other property that abuts Lone Star Park, so there is some precedence for granting permits.</P> <P>Davis pointed out that Mr. Chesbro's property line isn't just adjacent to Lone Star Lake Park -- it crosses onto the road. A surveyor hired by a previous landowner painted a mark on the road where the property line abuts the road. Davis stated that this mark was later moved 6-8 inches by the County's surveyor after further inspection. However, the mark still lies on the edge of the asphalt. Davis stated that Kansas courts have made it clear that if a landowner's property line abuts a public road, the landowner is entitled to access onto the road. The question hinges upon whether the park road is a "public road." Davis said that the issue is a little grey, but that he believes that it is a public road. </P> <P>Without access from this road, Mr. Chesbro has to take access off of a township road that is designated as minimum maintenance and is in very poor condition, particularly in periods of rain and snow. If Mr. Chesbro were to upgrade the road, the cost is estimated to be $150,000. If the Board is willing to grant an access permit, Davis stated that Mr. Chesbro will be sensitive to restrictions on the subdivision of property using this access point and would accommodate any limitations. In addition, Mr. Chesbro would be agreeable to relocate the entrance location to a better location than the actual point where his property touches the road.</P> <P>Johnson stated that he understood why this entrance was requested onto the Lone Star Lake Park road, but also understood what that could do to market the property. He felt that this property was not being denied access, even though the access isn't very good. Mr. Chesbro purchased it as-is and the seller and purchaser knew it would be difficult to get access from the Lone Star Lake Park road. He noted that he thought it was unfortunate that the original permit was issued and pointed out that he did not have the opportunity to vote on it at that time. He stated that he would have voted against the access permit request if he had the opportunity to vote on it back then. That it was voted on back then underscores that if there is any precedent, it is that the Commission has the opportunity to vote on the issue, not that the landowner automatically receives an access permit.</P> <P>Jones agreed. He said there are lots of properties that have their only access off of a minimum maintenance road. If they want to build, they have to upgrade the road.</P> <P>Davis argued that on the basis of consistency, the permit has to be granted. While he understood that the Commission didn't make that prior decision, precedence was set by a previous Commission.</P> <P>Jones made a motion to deny the request for a residential access permit. Motion was seconded by Johnson and the motion carried. McElhaney was not present at the meeting and did not vote.</P> <P><STRONG>ACCOUNTS PAYABLE 09-19-05</STRONG><BR>Jones moved approval of accounts payable in the amount of $504,149.22 to be paid 09/19/05; accounts payable manual checks in the amount of $566.06; payroll in the amount of $631,191.55; electronic funds transfers in the amounts of $46,343.50 for FICA and $43,465.73 for KPERS to be paid 09/02/05; payroll in the amount of $645,542.64; and electronic funds transfers in the amounts of $47,428.49 for FICA and $44,433.59 for KPERS to be paid 09/16/05. Motion was seconded by Johnson and carried.</P> <P><STRONG>MISCELLANEOUS 09-19-05</STRONG><BR>At 10:00 A.M., Jones made a motion that the Board recess to go into executive session for 30 minutes with Craig Weinaug, County Administrator; Pam Madl, Assistant County Administrator; Keith Dabney, Director of Zoning and Codes, and Michael Seck, Special Counsel, to discuss potential litigation. Motion was seconded by Johnson and carried.</P> <P>At 10:30 A.M., Jones made a motion to extend the executive session for an additional 15 minutes. Motion was seconded by Johnson and carried. The Board returned to regular session at 10:45 A.M. No action was taken.</P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________<BR>Jamie Shew, County Clerk<BR></P>

<P>Jones called the meeting to order at 6:33 P.M. on Wednesday, October 5, 2005 with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>PROCLAMATION 10-05-05<BR></STRONG>Callie Fishburn, 4-H Member, read a Proclamation Proclaiming the week of October 2-8, 2005 as "National 4-H Week." McElhaney made a motion that the Proclamation be adopted as read; motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>PROCLAMATION 10-05-05<BR></STRONG>Jones read a Proclamation Proclaiming October 10, 2005 as "Put the Brakes on Fatalities Day." Johnson made a motion that the Proclamation be adopted as read; motion was seconded by Jones and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 10-05-05</STRONG><BR>Jones noted that Douglas County received a Certificate of Recognition for Outstanding Contributions in recognition of its selection as one of "America's 100 Healthiest Communities." Douglas County also received the Government Award from the Mid-America Association of Conservation Districts.</P> <P><STRONG>CONSENT AGENDA 10-05-05<BR></STRONG>McElhaney moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5335. Order is on file in the office of the County Clerk;</LI> <LI>Approve Temporary Business Use Permit for Donna Wingert Retail Sale of Dried Fruit and Nuts; and</LI> <LI>Approve division of scholarship funds received from Corporate Express for sales transacted to County, District Attorney and District Court employees who have children in college or vocational school.</LI></UL> <P>Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PLANNING 10-05-05</STRONG><BR>The Board considered approval of SP-08-67-05: Hesper Friends Church site plan for the construction of two new buildings at 2355 N 1100 Road. Submitted by Peridian Group, Inc. for Hesper Friends Church, property owner of record. Lisa Pool, staff member of the Lawrence-Douglas County Metropolitan Planning Department, was present for the discussion.</P> <P>The subject property is located on the south side of N 1100 Road and west of E 2400 Road. The property is currently developed with an existing single-family residence and church. The applicant proposes to construct two single-story buildings, a four-foot wide sidewalk, and an enclosed trash area. The existing parking area will also be expanded to the east.</P> <P>The new buildings are proposed to be located to the east of the existing church. One building is proposed as 751 gross square feet, while the fellowship hall is proposed as 3,600 gross square feet. Seventeen off-street parking spaces are located directly off N 1100 Road, with the church building's main access point located off N 1100 Road.</P> <P>Pool stated that the proposed request is consistent with the zoning district and the setback requirements and recommended approval of SP-08-67-05, subject to the following conditions:</P> <P>&nbsp;1.&nbsp;Revision of the site plan to indicate the following:<BR>&nbsp;&nbsp;a.&nbsp;Addition of sidewalk portions along the fellowship hall's eastern and southern edges;<BR>&nbsp;&nbsp;b.&nbsp;Addition of a note indicating that the trash area will be screened from public view;<BR>&nbsp;&nbsp;c.&nbsp;Removal of note #8;<BR>&nbsp;&nbsp;d.&nbsp;Addition of a note, stating the type and wattage of all new lighting;<BR>&nbsp;&nbsp;e.&nbsp;Inclusion of a more detailed plant schedule, which includes the quantity, name, size and condition of all existing trees and shrubs;<BR>&nbsp;&nbsp;f.&nbsp;Inclusion of the number of existing and proposed parking spaces; and<BR>&nbsp;&nbsp;g.&nbsp;Addition of a note, stating that limestone screenings will be utilized for the accessible spaces.</P> <P>Jones questioned if this would change the use of the facility.</P> <P>The applicant stated it would not. The new buildings would be used for what currently takes place in the basement of the existing structure which is not handicapped accessible.</P> <P>Johnson made a motion to approve SP-08-67-05 subject to the above conditions, with the revision of Condition 1.a. to read as follows:</P> <P>&nbsp;&nbsp;a.&nbsp;Addition of sidewalk portions along the fellowship hall's eastern side to the east side entry.<BR>&nbsp;<BR>Motion was seconded by Jones and carried unanimously.</P> <P>&#160;<STRONG>OUT-DISTRICT COLLEGE TUITION STATEMENTS 10-05-05</STRONG><BR>Jones moved approval of the fourteen (14) Out-District College Tuition Statements in the amount of $21,612. Motion was seconded by Johnson and carried with McElhaney opposed.</P> <P><STRONG>ACCOUNTS PAYABLE 10-05-05</STRONG><BR>Johnson moved approval of accounts payable in the amount of $771,562.16 to be paid 10/03/05; accounts payable manual checks in the amounts of $566.06 and $4,007.32; payroll in the amount of $638,205.17; electronic funds transfers in the amounts of $48,865.90 for FICA and $44,006.13 for KPERS to be paid 09/30/05; payroll in the amount of $2,758.71; and electronic funds transfers in the amount of $211.15 for FICA to be paid 10/03/05. Jones seconded and the motion carried unanimously.</P> <P><STRONG>APPOINTMENTS 10-05-05</STRONG><BR>Johnson made a motion to appoint Charles Jones as the Douglas County voting delegate at the Kansas Association of Counties Annual Meeting to be held November 20-22, 2005. Motion was seconded by McElhaney and carried unanimously.</P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member<BR></P>

<P>Jones called the meeting to order at 8:33 A.M. on Monday, October 10, 2005 with all members present. The Pledge of Allegiance was recited.</P> <P>Jones moved approval of the minutes of September 21, and September 26, 2005. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>CONSENT AGENDA 10-10-05</STRONG><BR>Johnson moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5336 and 5337. Orders are on file in the office of the County Clerk;</LI> <LI>Approve revisions to Purchasing Policy; and</LI> <LI>Authorize the Chair to execute Real Estate Contract between Sara L. House and Douglas County, Kansas for acquisition of right-of-way for Project No. 23C-3890-01.</LI></UL> <P>Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>CLERK &amp; PURCHASING 10-10-05</STRONG><BR>The Board considered approval to utilize the State and Cooperative Contracts for renovation of the County Clerk's office. Jackie Waggoner, Purchasing Agent, explained that the State is currently contracted with Designed Business Interiors for furniture, and the City of Kansas City, Missouri has a contract opened to governments with Automated Business Systems for storage options. The following have been proposed by the contractors:</P> <P><STRONG>Furniture -- Designed Business Interiors&nbsp;&nbsp;&nbsp;&nbsp;$34,917.85</STRONG><BR>Includes workstations, lateral files, chairs, stools, design and installation.</P> <P><STRONG>Storage Solutions -- Automated Business Systems&nbsp;&nbsp;$37,935.03</STRONG><BR>Includes mobile file system, vault shelving, map cabinet, precinct sort unit, card storage, storage cabinets, election shelving, filing supplies, design, and installation.</P> <P>After discussion, Jones made a motion to authorize accessing the State and City of Kansas City contracts, and accept the bid of $34,917.85 from Designed Business Interiors for furniture, and $37,935.03 from Automated Business Systems for storage solutions. Motion was seconded by Johnson and carried unanimously.</P> <P>&#160;<STRONG>PUBLIC WORKS 10-10-05<BR></STRONG>The Board discussed funding issues regarding Route 438 (Kasold) Bridge over the Turnpike -- Project No. 23 U-1956-01. Keith Browning, Director of Public Works/County Engineer, explained that the funding agreement between the City of Lawrence, the Kansas Turnpike Authority (KTA) and Douglas County reads as follows:</P> <UL> <LI>City provides federal funding to cover 80% of construction and construction engineering costs;</LI> <LI>KTA funds 58% of 20% local match for construction and construction engineering costs, plus 58% of design costs; and</LI> <LI>County funds 42% of 20% local match for construction and construction engineering costs, plus 42% of design costs, plus 100% of right-of-way acquisition and utility relocation.</LI></UL> <P>The construction cost estimate prepared by the consultant submitted with final plans in July was $2,910,638 (includes 10% contingency). This results in a total estimated project cost to Douglas County in the amount of $358,290. The consultant has prepared a revised estimate in an attempt to account for market influences of the recent gulf hurricanes which is now estimated at $3,119,084 (includes 10% contingency). This increases Douglas County's total estimated project cost to $370,799.</P> <P>The City has received word from the Kansas Department of Transportation (KDOT) that, given their 5-Year Plan Project listing, the federal funding for the Kasold Bridge Project is capped at a total of $2,268,000. This represents 65.2% of the currently estimated construction and construction engineering costs, which falls upon someone to pick up the remaining costs. </P> <P>After bids are opened by KDOT in December 2005, the City will receive a notice from KDOT notifying them of the low bid and asking if they wish to proceed with the project. At that point, if the bids are not sufficiently low the City could notify KDOT not to proceed to contract. </P> <P>Assuming bids are too high to enter into a construction contract for the planned project, the KTA and Douglas County could partner to replace the deck on the existing bridge. It would then be up to KTA or the City to replace the bridge at some point in the future, depending on which entity required the bridge replacement at the time. </P> <P>It was the consensus of the Board to proceed with the project as scheduled. No action was taken.</P> <P><STRONG>&#160;CLERK 10-10-05</STRONG><BR>Jamie Shew, County Clerk, conducted a presentation updating the Board on the equipment needed to be in compliance with the Help America Vote Act (HAVA) of 2002. No action was taken.</P> <P><STRONG>ACCOUNTS PAYABLE 10-10-05</STRONG><BR>Jones moved approval of accounts payable in the amount of $425,862.74 to be paid 10/10/05. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>PLANNING 10-10-05<BR></STRONG>The Board discussed proposed revisions to rural development regulations with Linda Finger, Director of the Lawrence-Douglas County Metropolitan Planning Department. No action was taken.</P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P>

<P>Jones called the meeting to order at 8:52 A.M. on Tuesday, October 11, 2005 with all members present.</P> <P><STRONG>PLANNING 10-11-05</STRONG><BR>The Board discussed proposed revisions to rural development regulations with Linda Finger, Director of the Lawrence-Douglas County Metropolitan Planning Department. No action was taken.</P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member<BR></P>

<P>Jones called the meeting to order at 5:15 P.M. on Wednesday, October 12, 2005 with all members present.</P> <P><STRONG>PLANNING 10-12-05</STRONG><BR>The Board discussed proposed revisions to rural development regulations with Linda Finger, Director of the Lawrence-Douglas County Metropolitan Planning Department. No action was taken.</P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member<BR></P>

<P>Jones called the meeting to order at 8:34 A.M. on Monday, October 17, 2005 with all members present. The Pledge of Allegiance was recited.</P> <P>Jones moved approval of the minutes of September 14, September 19, as amended, and October 5, 2005. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>CONSENT AGENDA 10-17-05<BR></STRONG>Jones moved approval of the following Consent Agenda:</P> <UL> <LI>Note receipt of fee reports for the months of July, August and September, 2005.</LI></UL> <P>Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>PLANNING 10-17-05</STRONG><BR>The Board considered Item No. 9 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated 09/26/05. This item is PF-08- 29-05: Final Plat for Hout Property. The property is generally described as being located north of N 1000 Road and west of E 1500 Road. This proposed one-lot suburban residential subdivision contains approximately six acres. Submitted by Landplan Engineering, P.A., for Jeffrey and Jaclyn Hout, property owners of record. This item comes to the Board with a unanimous recommendation for approval for acceptance of easements and rights-of-way subject to the following conditions:</P> <OL> <LI>Execution of a water supply agreement prior to recording of the final plat with the Register of Deeds Office.</LI> <LI>Provision of a revised final plat to include reference to water supply agreement.</LI> <LI>Pinning of the lots in accordance with Section 21-302.2 of the Subdivision Regulations.</LI> <LI>Provision of the following fees and recording documentation:<BR>&nbsp;&nbsp;a.&nbsp;Copy of paid property tax receipt;<BR>&nbsp;&nbsp;b.&nbsp;Recording fees made payable to the Douglas County Register of Deeds.<BR>&nbsp;</LI></OL> <P>McElhaney made a motion to approve PF-08-29-05 subject to the above conditions. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 10-17-05<BR></STRONG>Pat Donahue, Board President, and Judy Bellome, Director of the Visiting Nurses Association Presentation, conducted a presentation and update on VNA. No action was taken.</P> <P><STRONG>ZONING 10-17-05</STRONG><BR>Keith Dabney, Director of Zoning and Codes presented plaques to Kay Hodge and Alden Bradley for their service on Board of Zoning Appeals. No action was taken.</P> <P><STRONG>ACCOUNTS PAYABLE 10-17-05</STRONG><BR>Johnson moved approval of accounts payable in the amount of $351,497.27 to be paid 10/17/05; accounts payable manual checks in the amounts of $566.06, $566.06, $756.18, and $61,015.79; payroll in the amount of $3,278.64; electronic funds transfers in the amounts of $251.66 for FICA and $138.03 for KPERS to be paid 10/10/05;&nbsp; payroll in the amount of $666,683.66; electronic funds transfers in the amounts of $49,014.79 for FICA and $47,172.22 for KPERS to be paid 10/14/05; and wire transfer in the amount of $230,069.50 to be paid 10/17/05. Motion was seconded by Jones and carried unanimously.</P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member<BR></P>

<P>Jones called the meeting to order at 6:35 P.M. on Wednesday, October 19, 2005 with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 10-19-05</STRONG><BR>There were no Consent items.</P> <P><STRONG>PLANNING 10-19-05</STRONG><BR>The Board considered Item No. 17 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated September 28, 2005. This item is MM-08-02-05: request to rescind the minimum maintenance road designation for E 1400 Road between N 650 Road and N 700 Road. Requested by Douglas County Public Works per resolution of Douglas County Commissioners on August 10, 2005. Bill Ahrens, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. Ahrens explained that this is request is to rescind the minimum maintenance designation for a section of E 1400 Road on the boundary between Willow Springs and Palmyra Townships. The proposal was initiated by the property owner, Mike Flory, and supported by both associated townships. Ahrens noted that staff currently has no criteria by which to review these kinds of applications and it has become standard practice for staff to support the position of the Township and the County Engineer. The Planning Commission's action was to deny the request to rescind the minimum maintenance road designation for a section of E 1400 Road based on Planning Commissioner Burress' comments that the Commission should not rescind minimum maintenance road designations solely for the purpose of permitting development. </P> <P>J&#160; Caldwell, Bartlett &amp; West Engineers, spoke on behalf of the applicant. He stated that the property owner was wanting to rescind the minimum maintenance designation in order to build homes. He pointed out that they would make use of the existing access point onto Route 460 -- no new access points would be needed. Based on a site visit, it appears that site distance at that intersection is more than adequate.</P> <P>Jones asked how many residences are currently served at that access point.</P> <P>Caldwell stated that 2 residences are served, but there is a 3rd property which is not currently occupied.</P> <P>Jones asked when the property was purchased by the current owner.</P> <P>Mike Flory, property owner, stated that he purchased the property in 1996.</P> <P><BR>Jones then asked for public comment.</P> <P>Heather Eichhorn, area resident, stated she was not in favor of the reversal. She did not believe it is a safe plan and it d&#160;s not fit in the Comprehensive Plan. She questioned how many other unplanned subdivisions might be created.</P> <P>Keana Griffin, area neighbor, said she was also opposed to the reversal since the change is to enable development. She pointed out that the Planning Commission came to the conclusion not to rescind the minimum maintenance status.</P> <P>Grant Eichhorn, area resident, also spoke in opposition to the reversal. He noted that there was no overall enthusiasm for putting it in as a road at the Township hearings other than more homes means more tax dollars. There was no discussion as to whether it is safe or whether it benefits the community. Eichhorn also noted that the letter he received from the Planning Department indicated this was a request for a Conditional Use Permit which would give the neighbors the opportunity to file a protest petition. However, this is a request to reverse a minimum maintenance designation which d&#160;s not give neighbors the opportunity to file a protest petition. He expressed concern about the possibility of a future extension of the minimum maintenance road reversal.</P> <P>Caldwell made the suggestion that the road right-of-way be vacated to eliminate that concern.</P> <P>Eichhorn also expressed concerns about County Route 460 becoming a much busier road when Highway 59 is improved.</P> <P>Jones made a motion to close the public hearing; Johnson seconded and the motion carried unanimously.</P> <P>McElhaney asked what the traffic projections were on Route 460 if this proposal were to move forward.</P> <P>Ahrens stated that he did not have projections for this request, but noted that in an urban area a single family residence typically generates ten (10) trips per household per day.</P> <P>McElhaney stated that he would support this proposal. This is clearly not a scattered housing development in a rural area. This plan was not rushed in before the June 1, 2005 deadline for the 5-acre exemption -- the property was purchased long before that time. There was no opposition at the Township level, and it was recommended for approval by Planning Staff.</P> <P>Jones stated he was opposed to the idea. This is a poorly conceived plan and the distance exceeds what would be allowed in a platted subdivision. Jones recalled the fire chief's concerns about having this many houses being located on a road with only one entrance/exit. He stated the applicant would still be able to develop the property in a more thoughtful fashion if the subdivision regulations currently under consideration are approved.</P> <P>Johnson stated he agreed with both McElhaney and Jones. He said he would have a hard time denying a request that is within the regulations. Johnson noted that he was puzzled by the Planning Commission's statement that "the Commission should not rescind minimum maintenance road designations solely for the purpose of permitting development" when in June they indicated that "minimum maintenance road designation is not the appropriate mechanism to regulate rural development" when faced with a similar request. Johnson stated he would support the request.</P> <P>Jones questioned whether this request exceeds the regulations for cul-de-sacs.</P> <P>Johnson stated that only applies in rural subdivisions.</P> <P>Jones noted that he would like to place this request on the Consent Agenda on Monday, October 24, 2005 to make sure it is in compliance.</P> <P>Jones then directed staff to get an opinion from the County Counselor as to whether Sections 21-103, 21-104, and 21-105 of the jointly adopted Subdivision Regulations for the City of Lawrence and Douglas County applies to this request for reversal of the minimum maintenance road designation. No action was taken;</P> <P><STRONG>PLANNING 10-19-05</STRONG><BR>The Board considered Item No. 1A of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated September 26, 2005. This item is Z-04-30-05: Reconsideration of a request to rezone a tract of land approximately 34.25 acres from A (Agricultural) District to B-2 (General Business) District. The property is generally described as being located at the southeast corner of Highway 56 and Highway 59. Submitted by Joseph Daniels, Jr., for Joseph Daniels, Sr., property owner of record. This item was returned to the Planning Commission by the Board of County Commissioners on August 22, 2005. Paul Patterson, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. This item comes to the Board with a recommendation for denial based on concerns about the amount of area requested for rezoning, the timing, and the need for a better nodal plan. Staff recommends approval based on the following Findings of Fact:</P> <P><STRONG>Zoning and uses of property nearby.</STRONG> The properties at the existing intersection of Highway 56 and 59 are within a B-2 (General Business) Zoning District. This property and the property to the east and south are zoned A (Agricultural) District and are in agricultural uses.</P> <P><STRONG>Character of the area.</STRONG> Land uses surrounding the subject property consist of agricultural uses, residences, and a variety of commercial uses.</P> <P><STRONG>Suitability of subject property for the uses to which it has been restricted.</STRONG>The subject property is located outside of the recently expanded Lawrence Urban Growth Area. It is also beyond the Baldwin City Growth Area and approximately 3.3 miles from Baldwin City Limits. The subject property is within an A (Agricultural) District zoned property and is adjacent to a B-2 (General Commercial) zoned commercial node at the intersection to the north and west (Baldwin Junction). The Kansas Department of Transportation has proposed improvements to the intersection which will cover a portion of the area requested to be rezoned.</P> <P><STRONG>Length of time subject property has remained vacant as zoned.</STRONG> The subject property is primarily used for agricultural crop production, and has been zoned A (Agricultural) District since 1966.</P> <P><STRONG>Extent to which removal of restrictions will detrimentally affect nearby property.</STRONG> Based on the proposed realignment and construction of the U.S. 56/59 interchange and the loss of commercially zoned land, it would appear appropriate to rezone a portion of the subject property from A (Agricultural) District to B-2 (General Commercial) District zoning.</P> <P><STRONG>Relative gain to the public health, safety and welfare by the destruction of the value of the petitioner's property as compared to the hardship imposed upon the individual landowners.</STRONG> It appears logical to extend commercial uses beyond the existing commercial corridor at the intersection of U.S. 59/56. The proposed construction of a highway interchange at this intersection will provide a relative gain to the public health, safety and welfare, but will take up a large portion of the existing commercially zoned property through the purchase of public right-of-way. A rezoning should result in a benefit to the motoring public and residents in the area through the convenient location of commercial services. Rezoning and future commercial uses in this area should be carefully designed and controlled to minimize undesired impact upon the surrounding A (Agricultural) District zoned land.</P> <P><STRONG>Conformance with <EM>The Comprehensive Plan</EM>.</STRONG> Once realigned and a highway interchange is constructed, the subject property will adjoin the intersection. Therefore, the rezoning request is consistent with the goals and policies of <EM>Horizon 2020</EM> for both existing and proposed commercial nodes in the unincorporated areas of Douglas County.</P> <P>AND subject to the following conditions:</P> <OL dir=ltr style="MARGIN-RIGHT: 0px"> <OL> <LI>Property owner agrees to annex the subject property into the Baldwin City Limits when it becomes contiguous with Baldwin City limits; and</LI> <LI>Approval and filing of a final plat at the Register of Deeds Office.</LI></OL></OL> <P>Jones asked what the appropriate amount of acreage was determined to be when the Planning Commission discussed this request.</P> <P>Patterson stated that there was discussion about limiting growth in this overall area based on the nodal plan which allotted 15,000 square feet for commercial uses at this intersection, but the amount of acreage was not specifically discussed.</P> <P>Jones stated he didn't understand why a smaller amount of acreage wasn't considered.</P> <P>Joseph Daniels, Jr., spoke on behalf of the applicant. Daniels noted that he asked for approval because it is in keeping with the <EM>Comprehensive Plan</EM> that has been published, it passed the technical review of staff, staff recommended approval and it has the support of affected landowners. Daniels stated that it works well to rezone the entire property and not try to piecemeal it. If it is done well, it can benefit the entire community.</P> <P>Jones stated he would not support this request since rezoning affects the value of the land and he has concerns about the value if and when KDOT purchases some of the land. Jones further stated he thought this was a sloppy way to do this and it is poorly thought through. We should have a complete nodal plan in place before approving this rezoning request.</P> <P>Johnson stated that if we were speculating that KDOT was going to rebuild Highway 59 and speculating where it would be and what it would do to property values, he would be unwilling to rezone. However, KDOT is well aware of the rezoning request and is aware of the location involved. The only thing that is speculative is whether or not they'll acquire 15+ acres. </P> <P>McElhaney made a motion to approve Z-04-30-05. Motion was seconded by Johnson and carried with Jones opposed.</P> <P><STRONG>PLANNING 10-19-05</STRONG><BR>The Board considered Item No. 14 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated September 28, 2005. This item is CUP-06-05-05: Conditional Use Permit request for cell tower extension and antenna co-location. The property is located at 304 E 1600 Road. Submitted by Sprint PCS, applicant for SpectraSite, property owner of record. Sandra Day, staff member of the Lawrence-Douglas County Metropolitan Planning Department, was present for the discussion. This item comes to the Board with a unanimous recommendation for approval based upon the following Findings of Fact:</P> <P><STRONG>Zoning and uses of property nearby.</STRONG> The subject property is on the north side of Highway 56 and within proximity to the existing city limits for Baldwin City. Current uses include both agricultural and residential uses. The tower is currently a 160' lattice-type structure with several wires anchored at the base.</P> <P><STRONG>Character of the area.</STRONG> The subject property is located on the fringe of Baldwin City. Access to the site is from E 1600 Road rather than the highway frontage. The surrounding area to the north is currently used for agricultural production but includes several residential and accessory structures. The south side of the road is the boundary limit for Baldwin City.</P> <P><STRONG>Suitability of subject property for the uses to which it has been restricted. </STRONG>There is no proposed change to the existing zoning designation. Article 19 of the County Zoning Regulations lists multiple land uses that are allowed subject to approval of a Conditional Use Permit. Included in this list of uses is ‘communication tower.' The proposed request is for the expansion of the tower height and co-location of the antenna equipment to support existing communication services in Douglas County. The property is agriculturally zoned and includes an existing tower structure. Conditional Use Permits (CUP's) are designed to allow special and unique land uses to occur. Approval of a Conditional Use Permit will not alter the base zoning. Zoning may be changed upon annexation by Baldwin City in the future.</P> <P><STRONG>Length of time subject property has remained vacant as zoned.</STRONG> The subject property is developed with an existing 175' guy wire tower structure per approval of a Conditional Use Permit in 1979. It has been zoned A (Agricultural) District since the adoption of the zoning regulations in the unincorporated portions of Douglas County in 1966.</P> <P><STRONG>Extent to which removal of restrictions will detrimentally affect nearby property.</STRONG> The expansion of the tower is not anticipated to detrimentally affect nearby property. The proposed use d&#160;s not alter the base zoning district. Access is provided via an established driveway cut from a county road.</P> <P><STRONG>Relative gain to the public health, safety and welfare by the destruction of the value of the petitioner's property as compared to the hardship imposed upon the individual landowners.</STRONG> The subject property includes the entire parcel. A change of use is not anticipated even upon annexation by Baldwin City in the future but may be limited for other expansion or co-location requests pursuant to that community's zoning regulations. No detrimental impacts are anticipated by the increase of the tower height.</P> <P><STRONG>Conformance with <EM>The Comprehensive Plan</EM>.</STRONG> <EM>Horizon 2020</EM> d&#160;s not directly address the issue of special or conditional uses. The plan provides basic guidance regarding major infrastructure improvements and urges that such uses be carefully planned and provided. The provision of such services should be focused in existing service areas to address growth. Additionally, placement and visual appearance are a key consideration in creating compatibility.</P> <P>AND subject to the following conditions:</P> <OL dir=ltr style="MARGIN-RIGHT: 0px"> <OL> <LI>Provision of a revised site plan to show all distances from North, South, East, and West property lines (Douglas County Zoning Regula tions Section 19-4.31(d)3) and (d)1);</LI> <LI>Provision of a revised site plan to show building and fence height on sheet C 3;</LI> <LI>Provision of a note on the face of the site plan that states: "Minimum maintenance shall be provided for the property to include mowing and vegetative control during the growing season"; and</LI> <LI>Prior to release of the site plan for issuance of a building permit the property shall be mowed and proper pruning of obstructive vegetation shall be provided.</LI></OL></OL> <P>Jones made a motion to approve CUP-06-05-05 based upon the above Findings of Fact and subject to the above conditions; motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>PLANNING 10-19-05</STRONG><BR>The Board considered Item No. 16 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated September 28, 2005. This item is CUP-07-06-05: Conditional Use Permit request for Lawrence Energy Center Industrial Landfill. The property is located at 1250 N 1800 Road. Submitted by Tom Brown of Westar Energy for Westar Energy, property owner of record. Lisa Pool, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. This item comes to the Board with a recommendation for approval based on the following Findings of Fact:</P> <P><STRONG>Zoning and land uses of surrounding properties.</STRONG> The properties directly north and east of the subject property are zoned VC (Valley Channel) District. The properties to the south are zoned I-4 (Heavy Industrial) District, while the properties further to the south are zoned A-1 (Suburban Home) District and RS-2 (Single-family Residential). To the west are properties zoned M-2 (General Industrial) District and I-3 (Heavy Industrial) District.</P> <P><STRONG>Character of the area.</STRONG> The area is characterized by the Burlington Northern and Santa Fe Railway, the Kansas River, industrial uses, and single family homes. The parcels to the west and south are industrially zoned and include industrial uses and undeveloped land. Further south of the undeveloped industrial land, single-family homes exist. The Railway is located to the north, south and east of the parcel, while the Kansas River is also located to the north and east. The subject property is located outside the Lawrence city limits, but is within the Urban Growth Area.</P> <P><STRONG>Suitability of subject property for the uses to which it has been restricted. </STRONG>The property is suitable for a coal by-product landfill, as the property is industrially zoned. Additionally, the site is bounded by the Burlington Northern and Santa Fe Railway and industrially zoned land.</P> <P>It is important to note that two such landfills exist to the west of the proposed site. The new landfill area is needed to serve as a replacement for the western most landfill, which is expected to reach capacity by November 2007. The landfill area directly west of the proposed site has been closed since 1994 and has been reclaimed with native vegetation.</P> <P><STRONG>Length of time subject property has remained vacant as zoned.</STRONG> The property has been zoned I-4 (Heavy Industrial) District since the adoption of the 1966 County Zoning Regulations. The former Callery Chemical Company Plant is located on the southern portion of the subject site. The chemical plant has been closed since the 1970s. A house, barn, and accessory building are also located on the site. The home is occupied by the former caretaker of the Callery Chemical Plant. The house and accessory buildings are located in Phase I of the project, while most of the chemical plant is located in Phase II.</P> <P><STRONG>Extent to which removal of restrictions will detrimentally affect nearby property.</STRONG> As the area is abutted by industrial zoning to the west and the Santa Fe Railroad to the east, south and north, the addition of a coal by-product landfill should not adversely affect these nearby properties. Single-family homes exist beyond the undeveloped industrial land to the south of the subject parcel. Approximately 25 acres of undeveloped and heavily wooded land separate the proposed landfill and residential uses. To ensure these properties are not adversely affected by the additional landfill, the applicant proposes to install an air pollution monitor in the southern portion of the parcel, will implement the Nuisance and Dust Control Program that is being implemented with the existing landfill, and will install groundwater monitoring wells per KDHE-approval. Additionally, water runoff will be collected in a stormwater/leachate pond at the southeastern end of the subject site. The leachate material will then be pumped to the energy center for treatment. Both the landfills and leachate collection ponds will be lined with KDHE-approved liners. In order to further buffer the landfill and haul roads from neighboring uses, staff recommends adding a vegetative screen along the southern edges of the haul road. The vegetative buffer will further reduce any noise/dust pollution from the landfill site.</P> <P><STRONG>Relative gain to the public health, safety and welfare by the destruction of the value of the petitioner's property as compared to the hardship imposed upon the individual landowners.</STRONG> Approval of the Conditional Use Permit as proposed would benefit the public, as the Lawrence Energy Center would be permitted to dispose of its coal wastes on-site. On-site disposal of the by-product materials is preferable to off-site disposal because, by keeping hauling activities on-site, potential adverse affects to the surrounding properties will be minimized and higher costs for hauling materials off-site will not be passed on to local customers. As the Kansas Department of Health and Environment has granted approval of the landfill site and will ultimately approve the facility itself, the public health, safety and welfare will be protected. Additionally, all of the aforementioned preventative measures relates to dust mitigation and on-site stormwater collection will be utilized with the project.</P> <P><STRONG>Conformance with <EM>The Comprehensive Plan</EM>.</STRONG> The project conforms with several <EM>Horizon 2020</EM> policies related to industrial uses located outside the city limits. Specifically, the project is an expansion of an existing industrial area and is located in an area where adequate services and facilities can be provided. The application is also in conformance with the policy pertaining to natural landscaped buffers. Several acres of undeveloped and heavily wooded land will separate the proposed landfill areas from the residential uses to the south. Additionally, as a condition of approval, vegetative screening will be provided along the southern edges of the haul road. Fifty-foot railway setbacks will be located along the property's north, south and eastern boundaries, while a 150- foot setback will be included along the site's western edge.</P> <P>AND subject to the following conditions:</P> <OL dir=ltr style="MARGIN-RIGHT: 0px"> <OL> <LI>Documentation of a Bureau of Waster Management Permit from the Kansas Department of Health and Environment to operate the coal by-product landfill;</LI> <LI>Documentation of an approved Floodplain Development Permit from the Douglas County Zoning &amp; Codes Division;</LI> <LI>Documentation of an approved Floodplain Fill Permit from the Kansas Department of Agriculture's Division of Water Resources;</LI> <LI>Documentation of an approved Historic Structures Study from the Kansas State Historical Society; and</LI> <LI>Revision of the site plan to include the following:<BR>a. Inclusion of a note, indicating Southwestern Bell will be contacted once all service in the subject area has been disconnected in order to allow for adequate time to remove/abandon facilities.<BR>b. Revision of Note #2 to state the following: "Normal operations will occur weekdays from 8 a.m. to 5 p.m.;<BR>c. Deletion of the following note: "Extended hours may be used during heavy load periods;"<BR>d. Provision of a vegetative screen along the southern edges of the haul road. Specifically, evergreen trees should be utilized in these locations;<BR>e. Inclusion of a landscape schedule, per Section 19A-4(10) of the County Zoning Regulations;<BR>f. Inclusion of a note, stating the Nuisance and Dust Control Program will be in effect with the new landfill site;<BR>g. Inclusion of a note, stating that news media will be notified if the type of coal burned at the Lawrence Energy Center changes from what is currently utilized at the plant; and<BR>h. Inclusion of a note, stating magnesium chloride will be used as a dust suppression agent for the haul road and landfill site as needed.</LI></OL></OL> <P>Johnson noted for the record that he has an ownership interest in adjoining property and would not benefit from approval of this request. It was the consensus that this was not a conflict of interest.</P> <P>Chad Luce, Westar Energy, spoke on behalf of the applicant. Luce gave a brief description of the project noting that construction would begin at the end of 2006 once approval is received from KDHE. He said that the haul road will be paved with asphalt.</P> <P>Jones noted there is historical significance to some of the buildings and requested that Watkins Museum be contacted in order to document.</P> <P>Tom Brown, representing Westar, stated that KDHE requires that letters be sent to state and federal agencies and they did receive comments from the Kansas State Historical Society indicating the house, barn and WWII structures have no historical significance. </P> <P>Jones then asked for public comment.</P> <P>Everett Shockley, adjacent property owner, noted that he lives directly across the road of the existing landfill which was approved with similar conditions. He said that the conditions had not been enforced until recently. He stated that in 1997 he reported their failure to comply, but no efforts were made to meet the conditions until 2004. Shockley then noted that he has spoken with Westar representatives and they have addressed his concerns and have been very attentive. </P> <P>Jones suggested that the applicant be required to notify the County when installation is complete so the County can make sure they are in compliance with the CUP.</P> <P>Jones made a motion to approve CUP-07-06-05 based on the above-referenced Findings of Fact and subject to the following revised conditions:</P> <OL dir=ltr style="MARGIN-RIGHT: 0px"> <OL> <LI>Documentation of a Bureau of Waster Management Permit from the Kansas Department of Health and Environment to operate the coal by-product landfill;</LI> <LI>Documentation of an approved Floodplain Development Permit from the Douglas County Zoning &amp; Codes Division;</LI> <LI>Documentation of an approved Floodplain Fill Permit from the Kansas Department of Agriculture's Division of Water Resources; as required;</LI> <LI>Documentation of an approved Historic Structures Study from the Kansas State Historical Society; and</LI> <LI>Revision of the site plan to include the following:<BR>a. Inclusion of a note, indicating Southwestern Bell will be contacted once all service in the subject area has been disconnected in order to allow for adequate time to remove/abandon facilities;<BR>b. Revision of Note #2 to state the following: "Normal operations will occur weekdays from 8 a.m. to 5 p.m.;<BR>c. Deletion of the following note: "Extended hours may be used during heavy load periods;"<BR>d. Provision of a vegetative screen along the southern edges of the haul road. Specifically, evergreen trees should be utilized in these locations;<BR>e. Inclusion of a landscape schedule, per Section 19A-4(10) of the County Zoning Regulations;<BR>f. Inclusion of a note, stating the Nuisance and Dust Control Program will be in effect with the new landfill site;<BR>g. Inclusion of a note, stating that news media will be notified if the type of coal burned at the Lawrence Energy Center changes from what is currently utilized at the plant;<BR>h. Inclusion of a note, stating magnesium chloride or a similar agent effective in suppressing dust will be used as a dust suppression agent for the haul road and landfill site as needed;<BR>i. Inclusion of a note, stating the haul road will be paved with asphalt; and<BR>j. Inclusion of a note, stating all conditions of CUP approval will be in place prior to the new landfill being utilized.</LI></OL></OL> <P>Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>PLANNING 10-19-05</STRONG><BR>The Board considered Item No. 10 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated September 26, 2005. This item is CPA-2005-1: An amendment to <EM>Horizon 2020</EM> to update the Transportation Element (Chapter 8) to make it consistent with the update of the comprehensive transportation plan <EM>Transportation 2025</EM>. This amendment was initiated by the Planning Commission at its April 27, 2005 regular meeting at the recommendation of the Comprehensive Plans Committee (CPC). The CPC reviewed this chapter as part of the update process to <EM>Horizon 2020</EM>, the comprehensive land use plan for the City of Lawrence and unincorporated Douglas County. A draft updated chapter was considered by the Planning Commission in May 2005 and was referred back to the CPC for further revisions to incorporate comments received from the Planning Commission and public. Brad Ahrens, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. This item comes to the Board with a recommendation for approval.</P> <P>Jones asked if the City of Lawrence had acted on these revisions.</P> <P>Ahrens stated they discussed it at their meeting on October 18, 2005 and voted it down 3-2 because of the major thoroughfare (Peterson Road).</P> <P>Johnson stated he was inclined to receive the report and put it on the shelf until the City has approved it.</P> <P>Bob Lichtwardt, speaking on behalf of the League of Women Voters, noted that the map changes are not in conformance (the words may be in conformance, but the maps are not). He also noted that there should be some arterials to the east and west to take a load off of Highway 40. He also stated that changes should not be made without public input and requested that the Board not accept this report. </P> <P>Jones noted there were no maps included in the packet and requested they be provided. </P> <P>No action was taken.</P> <P><STRONG>PLANNING 10-19-05</STRONG><BR>The Board considered Item No. 20 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated September 28, 2005. This item is CPA-2005-02: Hold public hearing on Comprehensive Plan Amendment (CPA) to <EM>Horizon 2020</EM>, Chapter 9 -- Parks, Recreation and Open Space. This chapter was considered at the May 25th Planning Commission meeting and referred to the Parks and Recreation Committee for further review. Paul Patterson, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. This item comes to the Board with a recommendation for approval. </P> <P>Patterson stated that the Lawrence City Commission discussed this at their October 18, 2005 meeting and deferred it back to the Planning Commission with respect to radius. </P> <P>McElhaney noted that we needed to be very careful with our parks -- we can't seem to maintain what we have.</P> <P>The Board directed staff to put together a proposal to consolidate city/county parks. </P> <P>The Board then made editorial comments to the document. Jones made a motion to receive the plan and return it to the Planning Commission requesting them to consider the suggested amendments. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 10-19-05</STRONG><BR>Johnson moved approval of accounts payable manual checks in the amount of $585.30; payroll in the amount of $513.01; and electronic funds transfers in the amount of $39.24 for FICA to be paid 10/18/05. Motion was seconded by Jones and carried unanimously.</P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P></P> <P>_____________________________ _____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P>

<P>The Board of County Commissioners of Douglas County, Kansas met jointly with the Lawrence City Commission on Tuesday, October 18,&nbsp;2005 with all members present. The purpose of the joint meeting was to discuss rural development regulations. Linda Finger, Director of the Lawrence-Douglas County Metropolitan Planning Department, conducted a brief presentation. No action was taken.</P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member<BR></P>

<P>Jones called the meeting to order at 8:30 A.M. on Monday, October 24, 2005 with all members present. The Pledge of Allegiance was recited.</P> <P>Jones moved approval of the minutes of October 10, October 11, October 12, and October 17, 2005. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>CONSENT AGENDA 10-24-05</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <UL> <LI>Pull the item "Consider approval of resolution rescinding the "minimum maintenance" designation for a portion of E 1400 Road between N 650 Road and N 700 Road in Willow Springs and Palmyra Townships" for discussion.</LI></UL> <P>Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>PLANNING, PUBLIC WORKS &amp; RESOLUTIONS 10-24-05</STRONG><BR>At their meeting on October 19, 2005, the Board tabled action on approving a resolution rescinding the "minimum maintenance" designation for a portion of E 1400 Road between N 650 Road and N 700 Road in Willow Springs and Palmyra Townships" and directed staff to get an opinion from the County Counselor as to whether Sections 21-103, 21-104, and 21-105 of the jointly adopted Subdivision Regulations for the City of Lawrence and Douglas County applies to this request for reversal of the minimum maintenance road designation. Craig Weinaug, County Administrator, stated that the County Counselor has determined that these regulations do not apply in this instance.</P> <P>Johnson made a motion to approve Resolution No. 05-30 rescinding the "minimum maintenance" designation for a portion of E 1400 Road between N 650 Road and N 700 Road in Willow Springs and Palmyra Townships. Motion was seconded by McElhaney and carried with Jones opposed.</P> <P><STRONG>MISCELLANEOUS 10-24-05</STRONG><BR>Roxanne Miller, member of the Lawrence-Douglas County Economic Development Board, conducted a presentation regarding open space preservation. She requested that the Board begin to plan and prioritize a dual effort with the City&nbsp;of Lawrence for funding in 2007.</P> <P>Grant Eichhorn, member of the Lawrence-Douglas County Metropolitan Planning Commission and Parks Subcommittee, made brief comments about the parks.</P> <P>Bev Worster, County resident, stated she was very much in support of the entire project.</P> <P>Judy Billings, Senior Vice President of the Lawrence Chamber of Commerce Convention and Visitors Bureau, made comments about Black Jack Park.</P> <P>Keith Browning, Director of Public Works/County Engineer, noted that trash is becoming a problem on the Black Jack Park grounds. The Kansas Department of Health and Environment has been contacted and an application will be made for funds to assist in the cleanup of this area. Browning noted that the funds would cover 75% of the costs.</P> <P>No action was taken.</P> <P><STRONG>ACCOUNTS PAYABLE 10-24-05</STRONG><BR>Jones moved approval of accounts payable in the amount of $761,635.82 to be paid 10/24/05; Johnson seconded and the motion carried unanimously.</P> <P><STRONG>MISCELLANEOUS 10-24-05</STRONG><BR>At 9:53 A.M., Jones made a motion that the Board recess to go into executive session until 10:30 A.M. with Craig Weinaug, County Administrator; Pam Madl, Assistant County Administrator; and Shannon Oury, Assistant County Counselor, to discuss personnel. The motion was seconded by Johnson and carried unanimously. At 10:30 A.M., Jones made a motion to extend the executive session until 10:35 A.M.; Johnson seconded and the motion carried unanimously. The Board returned to regular session at 10:35 A.M. No action was taken.</P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P></P> <P>_____________________________ _____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member<BR></P>

<P>Jones called the meeting to order at 8:32 A.M. on Monday, October 31, 2005 with all members present. The Pledge of Allegiance was recited.</P> <P>Jones moved approval of the minutes of October 18, October 19, as amended, and&nbsp; October 24, 2005. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PROCLAMATION 10-31-05</STRONG><BR>Annette Thornburgh read a Proclamation proclaiming the month of November as "National Caregiver's Month." McElhaney made a motion to adopt the Proclamation as read; Jones seconded and the motion carried unanimously.</P> <P><STRONG>CONSENT AGENDA 10-31-05</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Agreement with the Kansas Department of Transportation for the treatment of noxious weeds on state rights-of-way in 2006.</LI></UL> <P>Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>HEALTH -- PUBLIC 10-31-05<BR></STRONG>Kim Ens, Disease Control Program Coordinator from the Lawrence-Douglas County Health Department, conducted a presentation of the Local Public Health Response to the Pandemic Flu. Kay Kent, Director, and Sheryl Tirol-Goodwin, were also present for the discussion. No action was taken.</P> <P><STRONG>MISCELLANEOUS 10-31-05</STRONG><BR>Midge Grinstead, Director of the Lawrence Humane Society, briefed the Board on vicious dog issues. She introduced Janine Hirscha, Operations Manager and Investigator, and distributed a listing of animals that have been targeted and taken away. Sheriff McGovern, was also present for the discussion. </P> <P>The Board then discussed the issue of dogs that are kept on unoccupied property, which sometimes cause noise issues. Jones stated he didn't want to dilute the Humane Society's focus on neglect and vicious issues, and suggested that Keith Dabney, Director of Zoning and Codes, be directed to coordinate with the Humane Society and the County Counselor to determine if an enforceable ordinance could be adopted. No action was taken.</P> <P><STRONG>MISCELLANEOUS 10-31-05</STRONG><BR>Cal W. Downs, Ph.D., appeared before the Board to discuss the possibility of pursuing a sister county relationship with a county in China. After discussion, it was the consensus of the Board to direct staff to set up a work session including Lavern Squier, President of the Lawrence Chamber of Commerce, a representative of the Economic Development Board, Judy Billings, Senior Vice President of the Lawrence Chamber of Commerce Convention and Visitors Bureau, a representative involved in the City of Lawrence's sister city program, Trudy Rice, Director of the Extension Office, a representative from Kansas University who is involved in KU's effort to start the third Confucius Institute in the United States, and others with agricultural interests, to discuss this issue. No action was taken.</P> <P><STRONG>PUBLIC WORKS &amp; PURCHASING 10-31-05</STRONG><BR>The Board discussed problems with a contract award of a 2005 tractor. Jackie Waggoner, Purchasing Agent, stated that in December 2004, the Board authorized accessing the HGAC (Houston Galveston Area Council) Cooperative Purchasing Program to purchase a tractor through Houston Freightliner in the amount of $91,696. When the order was placed, the expected delivery for the tractor was November 2005. On October 12, 2005, Mike Perkins, Operations Division Manager of the Department of Public Works, was notified that the specification of the tractor engine (C-15) could not be met. This size engine will not have enough cooling from the radiator. Sterling (the manufacturer) recommended that we accept a smaller engine (C-13) and Houston Freightliner would adjust the cost accordingly. Public Works was not interested in accepting this offer and reducing their specification. For the past couple of weeks we have been waiting for Houston Freightliner to provide another alternative. To this date, they have not provided an acceptable solution.</P> <P>Two other dealerships were contacted -- Rush Truck Centers and Santex Truck Center. Due to the production cut off date, both had to quote on 2006 models. Rush Truck was willing to hold their original quote of $130,205 and the Santex Truck quote increased slightly to $105,668. </P> <P>Jones made a motion to authorize the cancellation of the tractor order with Houston Freightliner and approve ordering a 2006 tractor from Santex Truck Center in the amount of $105,668. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>FAIRGROUNDS 10-31-05</STRONG><BR>Harold Stewart, Douglas County Administrator Intern, discussed recommendations with regard to potential increase of rates, reservation policies and parking problems for the Douglas County Fairgrounds. Trudy Rice, Douglas County Extension Director, and Bill Bell, Director of Buildings and Grounds, were also present for the discussion. No action was taken. This item is scheduled for additional discussion on Monday, December 5, 2005.</P> <P><STRONG>ACCOUNTS PAYABLE 10-31-05<BR></STRONG>Johnson moved approval of accounts payable in the amount of $109,879.01 to be paid 10/31/05; accounts payable manual checks in the amount of $566.06; payroll in the amount of $642,993.19; and electronic funds transfers in the amounts of $47,255.90 for FICA, $38.25 for KPERS, and $45,043.27 for KPERS to be paid 10/28/05. Motion was seconded by Jones and carried unanimously.</P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Jere McElhaney, Member</P>

<P>Jones called the meeting to order at 2:03 P.M. on Monday, November 7, 2005 with two members present. Johnson was absent.</P> <P><STRONG>CONSENT AGENDA 11-07-05</STRONG><BR>McElhaney moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Resolution No. 05-31 relating to and amending a regulated planning and zoning classification within the unincorporated territory of Douglas County, Kansas. The zoning classification is changed from "A" (Agricultural) District to "A-1" (Suburban Home Residential) District for "Hout Addition";</LI> <LI>Approve Resolution No. 05-32 enacting Zoning Text Amendments to Article 26 of the Douglas County Zoning Regulations for the Unincorporated Territory of Douglas County, Kansas and Amendments there to, Concerning Removal of Building Permit Fee Provisions from Zoning Regulations; and</LI> <LI>Approve Contracts for Highway Purposes for Project No. 23U-1956-01; County Route 438; E. 1200 Road; Kasold Drive Acquisition of Construction Easement, between Douglas County, Kansas and Wolfgang Reisinger; Douglas County, Kansas and Awilda Olson-Nunez and Ricardo J. Nunez; and Douglas County, Kansas and Richie Lee Nathan and Karla Jo Nathan.</LI></UL> <P>Motion was seconded by Jones and carried.</P> <P><STRONG>ACCOUNTS PAYABLE 11-07-05</STRONG><BR>Jones moved approval of accounts payable in the amount of $508,162.95 to be paid 11/07/05; accounts payable manual checks in the amounts of $1,447.25 and $194,999.00; excess vacation payroll in the amount of $49,725.99; and electronic funds transfers in the amounts of $3,812.09 for FICA and $1,943.19 for KPERS to be paid 11/04/05. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 11-07-05</STRONG><BR>At 2:04 P.M., Jones made a motion that the Board recess to go into executive session until 2:20 P.M. with Craig Weinaug, County Administrator, and Pam Madl, Assistant County Administrator, to discuss personnel. Motion was seconded by McElhaney and carried. It should be noted that Johnson participated via speakerphone. At 2:20 P.M., Jones made a motion to extend the executive session until 3:00; McElhaney seconded and the motion carried unanimously. The Board returned to regular session at 2:53 P.M. No action was taken.</P> <P>Jones made a motion to adjourn; McElhaney seconded and the motion carried.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;&nbsp;&nbsp;Jere McElhaney, Member<BR></P>

<P>Jones called the meeting to order at 8:33 A.M. on Monday, November 14, 2005 with all members present. The Pledge of Allegiance was recited.</P> <P>McElhaney moved approval of the minutes of October 31 and November 7, 2005. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>CONSENT AGENDA 11-14-05</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5338 and 5339. Orders are on file in the office of the County Clerk.</LI></UL> <P>Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>EMERGENCY MANAGEMENT 11-14-05</STRONG><BR>Paula Phillips, Director of Emergency Management, conducted a brief introduction recognizing the following County employees who contributed their time and efforts in Mississippi to assist with the massive hurricane response. Bill Brubaker, Mike Perkins, Teri Smith and Jim Denney, made brief comments. Not present were Bud Waugh, Amy Hays and James Ramsey. The Board thanked the employees for their contributions and presented plaques in appreciation.</P> <P><STRONG>ACCOUNTS PAYABLE 11-14-05<BR></STRONG>Jones moved approval of accounts payable in the amount of $600,288.09, and accounts payable manual checks in the amounts of $23,184.00 and $566.06. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>PUBLIC WORKS &amp; AGREEMENTS 11-14-05<BR></STRONG>Johnson made a motion to approve Contracts for Highway Purposes for Project No. 23U-1956-01; County Route 438; E. 1200 Road; Kasold Drive Acquisition of Construction Easement, between Douglas County, Kansas and Eric Hodge and Colleen Hodge, husband and wife; Douglas County, Kansas and Creig Agler and Mylinda Agler, husband and wife; Douglas County, Kansas and MCV Limited, a Kansas Corporation; and Douglas County, Kansas and Alice C. Spray Credit Trust dated December 13, 1991, Elizabeth Spray Haehl, Trustee. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>APPOINTMENTS 11-14-05</STRONG><BR>Jones made a motion to appoint Lawrence James, Lecompton, Kansas, and Dave Anderson, Overbrook, Kansas, to the Board of Zoning Appeals for three (3) year terms which shall expire on October 31, 2008. It should be noted that Mr. James and Mr. Anderson replace Kay Hodge and Alden Bradley who were not eligible for reappointment. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>APPOINTMENTS 11-14-05</STRONG><BR>Jones made a motion to reappoint Melissa Boisen, Lawrence, Kansas, for an additional two-year term to the Douglas County Community Corrections and Youth Services Advisory Board.&nbsp; Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 11-14-05</STRONG><BR>At 9:15 A.M., Jones made a motion that the Board recess to go into executive session until 9:45 A.M. to discuss personnel. Motion was seconded by Johnson and carried unanimously. At 9:45 A.M., Jones made a motion to extend the executive session until 10:30 A.M. with Craig Weinaug, County Administrator and Pam Madl, Assistant County Administrator, to discuss personnel and land acquisition. Motion was seconded by Johnson and carried unanimously. The Board returned to regular session at 10:26 A.M. No action was taken.</P> <P>Jones made a motion to adjourn; McElhaney seconded and the motion carried.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member<BR></P>

<P>Jones called the meeting to order at 6:33 P.M. on Wednesday, November 16, 2005 with all members present. The Pledge of Allegiance was recited.</P> <P>Jones introduced Julia Bernard as the student representative from Lawrence High School.</P> <P><STRONG>CONSENT AGENDA 11-16-05</STRONG><BR>Johnson moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5340. Order is on file in the office of the County Clerk; and</LI> <LI>Approve Agreement with Finney &amp; Turnipseed for Engineering Design Services for Bridge Deck Replacement Project on Kansas River Bridge at Lecompton; Bridge No. 21.30-06.15; Project No. 2005-11.</LI></UL> <P>Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PURCHASING &amp; REGISTER OF DEEDS 11-16-05<BR></STRONG>The Board considered approval of a request to upgrade the computer software for the Register of Deed's Office. Kay Pesnell, Register of Deeds, explained that the software company that is currently used (Custom Software Limited) has merged with Computer Information Concepts (CIC). CIC has submitted a proposal to upgrade our current technology, which would solve some issues with the current system and update all phases of the work flow. The total cost for this conversion is $47,821 which would be paid from the Register of Deeds Technology Fund. Pesnell noted that sufficient funds are available for this purpose.</P> <P>After discussion, Johnson made a motion to waive the bid requirement of the Purchasing Policy, and approve the bid received from CIC in the amount of $47,821 for the upgrade of the system in the Register of Deed's Office. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PLANNING 11-16-05</STRONG><BR>The Board considered Item No. 9 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated October 26, 2005. This item is Z-09-52-05: A request to rezone a tract of land approximately 3 acres from A (Agricultural) and VC (Valley Channel) Districts to A-1 (Suburban Residential) District. The property is generally described as being located between the Wakarusa River and E 1900 Road, northwest of N 1275 Road. Submitted by John and Rebecca Thomas, contract purchasers, and Blue Jacket Partnership, property owner of record. Sheila Stogsdill, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. This item comes to the Board with a recommendation for denial based on the following finding:</P> <P>1. The proposed development would be contrary to the access guidelines of <EM>Horizon 2020</EM>.</P> <P>Stogsdill noted that Planning staff recommended approval based upon the following Findings of Fact:</P> <P><STRONG>Zoning and land uses of surrounding properties.</STRONG> The areas surrounding the subject property are zoned VC (Valley Channel) and A (Agricultural) Districts. The Wakarusa River and undeveloped land are located to the north and west of the subject area, while rural residential homes are located to the south and east.</P> <P><STRONG>Character of the area.</STRONG> The area is characterized by the Wakarusa River, with a mix of agricultural uses and rural residences. While the area has a distinct rural character, several single-family residences are located to the south and east of the subject property. The subject property is located outside the Lawrence city limits, but is within the Urban Growth Area (UGA).</P> <P><STRONG>Suitability of subject property for the uses to which it has been restricted. </STRONG>With the proximity of the subject area to the Wakarusa River and its inclusion of a special flood hazard area, it is suitable for agricultural uses. However, the site is not utilized for agricultural use. Additionally, the proposed home site itself will be buffered from the river by a minimum 50-foot rear yard setback and a steep bank. The applicant has also indicated that the floodplain area will be labeled as a "no build zone" on the forthcoming preliminary plat.</P> <P><STRONG>Length of time subject property has remained vacant as zoned.</STRONG> The property has been zoned A (Agricultural) District since the adoption of the 1966 Douglas County Zoning Regulations. The subject property (3 acres) is unimproved and d&#160;s not include agricultural uses. A single-family home, which was built in 1885 and remodeled in 1988, exists on the larger 214-acre parcel.</P> <P><STRONG>Extent to which removal of restrictions will detrimentally affect nearby property.</STRONG> As the subject property is located within the Urban Growth Area and is adjacent to large lot single-family homes, approval of a rezoning of this property from the A (Agricultural) and VC (Valley Channel) Districts to the A-1 (Suburban Residential) District should not detrimentally affect nearby properties.</P> <P><STRONG>Relative gain to the public health, safety and welfare by the destruction of the value of the petitioner's property as compared to the hardship imposed upon the individual landowners.</STRONG> If the property retains its A (Agricultural) District designation, it would be able to function with any of the following permitted uses, among others: agriculture, hospital or clinic for large or small animals, commercial greenhouse, church, or school. As a small portion along the subject area's western boundary is zoned VC (Valley Channel) District, this area would not be able to include a building for human habitation. However, it could function with any of the following permitted uses, among others: farm, truck garden, orchard, plant nurseries, and public or private commercial recreational facilities. Properties within the Urban Growth Area must be rezoned to the A-1 (Suburban Residential) District and platted for residential development.</P> <P>A rezoning of the property to the A-1 (Suburban Residential) District would provide little benefit to the public health, safety, or welfare. However, as the new owner is expected to construct one single-family home on a 3-acre parcel that is surrounded by single-family homes to the south and east, the rezoning would not adversely affect its surroundings. Granting the rezoning request would allow the current property owner to sell 3 acres of land for the purpose of residential development.</P> <P><STRONG>Conformance with <EM>The Comprehensive Plan</EM>.</STRONG> Once platted, the proposed request will conform to several <EM>Horizon 2020</EM> policies related to low-density residential uses. Specifically, the property comprises 3 acres of land within the Urban Growth Area, which is the recommended minimum lot size within the UGA. Additionally, large-lot single-family homes exist to the south and east of the subject property. It is important to note that a water meter and paved road are available to serve the property. The applicant has also received approval from the Lawrence-Douglas County Health Department for the installation of a septic system on the site.</P> <P>AND subject to the following condition:</P> <P>1. Recording of a final plat prior to publication of the rezoning resolution.</P> <P>Stogsdill noted that the Planning Commission expressed concerns about allowing curb cuts along arterial roads. </P> <P>Jones questioned the visibility and the average speed on County Route 1057.</P> <P>Keith Browning, Director of Public Works/County Engineer, stated that the site distance is good and the average speed is 62 miles per hour.</P> <P>Jones then asked if the proposed entrance was the best location.</P> <P>Browning said that it is given the fact there is another entrance on the other side of the road.</P> <P>Jones noted concern about road cuts on arterial roads because it's more dangerous pulling out on a road with high speeds. He would prefer coming off of a slower road with a better defined intersection. He also noted that roads would need to be widened in the future and the more road cuts you have, the harder it becomes, so as a general rule, we are moving away from that. </P> <P>John Thomas, applicant, gave a brief description of his plans. Thomas noted that a water meter and the septic system have been approved. </P> <P>Colin Thomas, son of the applicant, gave a brief presentation on his goal to build a world class habitat for all kinds of animals. </P> <P>Jones made a motion to approve the rezoning request based on the above-referenced Findings of Fact, and subject to the above-referenced condition. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>PLANNING 11-16-05</STRONG><BR>The Board considered Item No. 10 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated October 26, 2005. This item is CUP-09-07-05: Conditional Use Permit request for Mobile Enviro-Wash Truck Storage. The property is located at 677 E 1250 Road. Submitted by Don Flory, applicant, for James L. Flory, Trustee, property owner of record. Sheila Stogsdill, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. This item comes to the Board with a unanimous recommendation for approval based upon the following Findings of Fact:</P> <P><STRONG>Zoning and uses of property nearby.</STRONG> The property is located on the west side of Highway 59 (E 1250 Road). The area is zoned and used for agricultural and rural residential uses.</P> <P><STRONG>Character of the area.</STRONG> The character of the area is defined as an agricultural community.</P> <P><STRONG>Suitability of subject property for the uses to which it has been restricted.</STRONG> A Conditional Use Permit (CUP) d&#160;s not change the base, underlying zoning. The suitability of the property for agricultural or rural residential use will not be altered. The property was developed with a single-family house.</P> <P><STRONG>Length of time subject property has remained vacant as zoned.</STRONG> The subject property is developed with a single-family house that will remain for residential use. The County Zoning was adopted in 1966, this property has been zoned "A" (Agricultural) since that adoption.</P> <P><STRONG>Extent to which removal of restrictions will detrimentally affect nearby property.</STRONG> Approval of the CUP will provide for the applicant to relocate within the general vicinity of the current operation. The existing driveway will be shared with the residence on the property. The building location and orientation provide separation from the public right-of-way.</P> <P><STRONG>Relative gain to the public health, safety and welfare by the destruction of the value of the petitioner's property as compared to the hardship imposed upon the individual landowners.</STRONG> Approval of the subject property neither directly benefits the City nor harms the public health, safety and welfare. The underlying A (Agricultural) zoning district is unchanged. This specific request is for construction of an 8,000 SF building for the purpose of truck storage, which would include equipment maintenance and repair of the applicant's fleet and equipment.</P> <P><STRONG>Conformance with <EM>The Comprehensive Plan</EM>.</STRONG> <EM>The Comprehensive Plan</EM> supports the retention of industrial uses and limited expansion of existing industrial districts outside of an urban area. A Conditional Use Permit can be used to allow specific non-residential uses subject to approval of a site plan. This tool allows proportional development in harmony with the surrounding area. As recommended by <EM>Horizon 2020</EM>, the proposed request is consistent with <EM>The Comprehensive Plan</EM>.</P> <P>AND subject to the following conditions:</P> <P>1. Provision of a revised site plan to include the following notes:<BR>a. The permit will be administratively reviewed by the County in 5 years (Calendar Year 2010);<BR>b. The permit will expire at the end of 10 years (Calendar Year 2015), unless an application for renewal is approved by the local governing body;<BR>c. Limit the use to the truck storage activity;<BR>d. This facility is not for the purpose of repair or servicing of equipment other than for the applicant; and<BR>e. The disposal of the sewage shall be subject to the approval of the County Health Department prior to operation.</P> <P>Johnson made a motion to approve CUP-09-07-05 based upon the above-referenced Findings of Fact and subject to the above-referenced conditions. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 11-16-05</STRONG><BR>Johnson moved approval of payroll in the amount of $622,470.12 and electronic funds transfers in the amounts of $45,505.02 for FICA and $43,538.52 for KPERS to be paid 11/11/05. Motion was seconded by Jones and carried unanimously.</P> <P>Jones made a motion to adjourn; McElhaney seconded and the motion carried.</P> <P></P> <P>_____________________________ _____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member<BR></P>

<P>Jones called the meeting to order at 8:37 A.M. on Monday, November 28, 2005 with all members present. The Pledge of Allegiance was recited.</P> <P>The Board recognized the appointment of Mark Bradford as the newly hired Chief of the Lawrence-Douglas County Fire &amp; Medical Department. At 8:38 A.M., Jones made a motion that the Board recess until 8:55 A.M. for a brief welcoming reception Bradford. Motion was seconded by Johnson and carried unanimously.</P> <P>The Board returned to regular session at 8:48 A.M.</P> <P>Johnson moved approval of the minutes of November 14 and November 16, 2005. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>CONSENT AGENDA 11-28-05<BR></STRONG>Johnson moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5341. Order is on file in the office of the County Clerk;</LI> <LI>Approve Resolution No. 05-33 classifying the roadway in Red Tail Ridge Subdivision as a township road and assigning maintenance of this roadway to Wakarusa Township; and</LI> <LI>Pull the item "Consider approval of resolution extending the temporary prohibition of issuance of permits for construction or placement of dwellings and mobile homes on certain tracts relying on the 5-acre exemption" for discussion.</LI></UL> <P>Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 11-28-05</STRONG><BR>The Board noted receipt of correspondence from H. Wayne Riley of Lecompton Fire Rescue District #1 advising the Board that Fire Chief LeRoy Boucher retired from the Lecompton Fire/Rescue District #1 effective November 9, 2005, which leaves a vacancy on the Fire Board. Riley was present for the discussion. Riley stated that he has been elected Fire Chief by the Fire Board and active members of the Fire Department. Riley noted that Jeanne Boucher, who acted as the Secretary/Treasurer, also retired. Tabitha Mallonnee has been appointed to replace Mrs. Boucher. The Board will forward a nomination to the County Commission for consideration in the near future. No action was taken.</P> <P><STRONG>COMMUNITY CORRECTIONS 11-28-05</STRONG><BR>The Board discussed the Douglas County Community Corrections Application for FY 2005 Unexpended Funds. Ron Stegall, Director of Community Corrections, was present for the discussion. Stegall explained that this applications provides the format for the Kansas Community Corrections Act agencies to request FY 2005 Unexpended Grant Funds for use commencing January 1, 2006 through June 30, 2006, the last six months of FY 2006. Department records show that $642,744.07 is available for this purpose. Agencies may use these funds for the purposes cited in the Kansas Department of Corrections Funding Priority List. After discussion, Jones made a motion to approve the Community Corrections Act Agencies Application for FY 2005 Funds in the amount of $27,237.21. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>MISCELLANEOUS &amp; PURCHASING 11-28-05</STRONG><BR>Jamie Shew, County Clerk, advised the Board that the Secretary of State's Office has provided the final numbers on actual costs of equipment that would bring the County into compliance with the Help America Vote Act (HAVA) of 2002. Three (3) options were provided -- paper based, which is a precinct level optiscan (second chance) and AutoMark (accessibility); partial paper based, which is a precinct level optiscan (second chance) and DRE (accessibility); and paperless, which is all DRE touch screen (both second chance and accessibility). Shew noted that he had conducted several public meetings to demonstrate the equipment and give the public the opportunity to provide their input. The public overwhelmingly indicated they wanted some type of paper based system. The Secretary of State's Office has received a bid in the amount of $855,514.50 from Election Systems &amp; Software (ES&amp;S) for the paper based system. Shew pointed out that ES&amp;S is Douglas County's current vendor for our central scanners and we have a good working relationship with them. Douglas County will receive Federal HAVA funds in the amount of $460,850 and Douglas County has approximately $380,000 in the HAVA reserve fund. This would leave an amount of approximately $14,664 that would need to be funded. After discussion, it was the consensus of the Board to table final action until Wednesday, November 30, 2005.</P> <P><STRONG>PURCHASING &amp; PUBLIC WORKS 11-28-05</STRONG><BR>The Board considered approval to purchase vehicles for the Public Works Department. Jackie Waggoner, Purchasing Director, explained that Douglas County and the City of Lawrence participated in a regional cooperative bidding process for the acquisition of 2006 vehicles. The bid included forty-one (41) vehicle types and we received responses from thirteen (13) vendors. Purchases can be made from the contracts until the manufacturer's production cutoff date.</P> <P>Public Works has funds allocated in equipment reserve to purchase two (2) compact 4x4 pickups and one (1) cab &amp; chassis equipped with a flatbed, spreader, and snow plow. Shawnee Mission Ford was the awarded contractor for the compact pickup and cab &amp; chassis. </P> <P>After discussion, McElhaney made a motion to approve the purchase of two (2) compact pickups and one (1) cab &amp; chassis from Shawnee Mission Ford in the amount of $88,193. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>YOUTH SERVICES 11-28-05</STRONG><BR>The Board discussed the 7th Judicial District Juvenile Justice Authority Prevention, Intervention and Core Services Funding Application for FY 2007. Pam Weigand, Youth Services Director, was present for the discussion. Weigand explained that the Juvenile Justice Authority projected funding allocation for Prevention, Intervention and Core Programs is based on FY 2006 funding levels. The funding is contingent on state funding remaining the same as FY 2006 allocation levels.</P> <P> <TABLE cellSpacing=0 cellPadding=6 width=576 border=1> <TBODY> <TR> <TD width="67%" height=26><FONT face=Arial size=1> <P align=center>Funding Type</FONT></P></TD> <TD width="17%" height=26><FONT face=Arial size=1> <P align=center>FY 2006</FONT></P></TD> <TD width="17%" height=26><FONT face=Arial size=1> <P align=center>FY 2007</FONT></P></TD></TR> <TR> <TD width="67%" height=26><FONT face=Arial size=1> <P>Prevention</FONT></P></TD> <TD width="17%" height=26><FONT face=Arial size=1> <P align=right>$117,858.00</FONT></P></TD> <TD width="17%" height=26><FONT face=Arial size=1> <P align=right>$117,858.00</FONT></P></TD></TR> <TR> <TD width="67%" height=26><FONT face=Arial size=1> <P>Intervention/Graduated Sanctions</FONT></P></TD> <TD width="17%" height=26><FONT face=Arial size=1> <P align=right>$64,898.00</FONT></P></TD> <TD width="17%" height=26><FONT face=Arial size=1> <P align=right>$64,898.00</FONT></P></TD></TR> <TR> <TD width="67%" height=26><FONT face=Arial size=1> <P>Core Services</FONT></P></TD> <TD width="17%" height=26><FONT face=Arial size=1> <P align=right>$478,622.00</FONT></P></TD> <TD width="17%" height=26><FONT face=Arial size=1> <P align=right>$478,622.00</FONT></P></TD></TR> <TR> <TD width="67%" height=26><FONT face=Arial size=1> <P align=right>Total</FONT></P></TD> <TD width="17%" height=26><FONT face=Arial size=1> <P align=right>$661,378.00</FONT></P></TD> <TD width="17%" height=26><FONT face=Arial size=1> <P align=right>$661,378.00</FONT></P></TD></TR></TBODY></TABLE><FONT face=Arial size=1></FONT></P> <P>The Grant Review Committee and Douglas County Youth Services staff completed the initial grant review process for the Juvenile Corrections Advisory Board as they have in years past. The Grant Review Committee members interviewed all of the applicant agencies and notified the agencies of the Committee's preliminary funding recommendations.</P> <P> <TABLE cellSpacing=0 cellPadding=6 width=576 border=1> <TBODY> <TR> <TD width="33%" height=26><FONT face=Arial size=1> <P align=center>&nbsp;Applicant Agency</FONT></P></TD> <TD width="31%" height=26><FONT face=Arial size=1> <P align=center></P> <P align=center>Program</FONT></P></TD> <TD width="11%" height=26><FONT face=Arial size=1> <P align=center>FY 2006 Award</FONT></P></TD> <TD width="11%" height=26><FONT face=Arial size=1> <P align=center>FY 2007 Requested</FONT></P></TD> <TD width="13%" height=26><FONT face=Arial size=1> <P align=center>FY 2007 Recommended</FONT></P></TD></TR> <TR> <TD width="33%" height=26><FONT face=Arial size=1> <P>Bert Nash Mental Health Center</FONT></P></TD> <TD width="31%" height=26><FONT face=Arial size=1> <P>Working to Recognize Alternative Possibilities (WRAP)</FONT></P></TD> <TD width="11%" height=26><FONT face=Arial size=1> <P align=right>$21,000.00</FONT></P></TD> <TD width="11%" height=26><FONT face=Arial size=1> <P align=right>$25,821.00</FONT></P></TD> <TD width="13%" height=26><FONT face=Arial size=1> <P align=right>$21,000.00</FONT></P></TD></TR> <TR> <TD width="33%" height=26><FONT face=Arial size=1> <P>Boys And Girls Club of Lawrence &amp; Unified School District 497 (Lawrence)</FONT></P></TD> <TD width="31%" height=26><FONT face=Arial size=1> <P>After School Programming</FONT></P></TD> <TD width="11%" height=26><FONT face=Arial size=1> <P align=right>$43,748.00</FONT></P></TD> <TD width="11%" height=26><FONT face=Arial size=1> <P align=right>$47,124.00</FONT></P></TD> <TD width="13%" height=26><FONT face=Arial size=1> <P align=right>$43,748.00</FONT></P></TD></TR> <TR> <TD width="33%" height=26><FONT face=Arial size=1> <P>K.U. Center for Research, Inc.</FONT></P></TD> <TD width="31%" height=26><FONT face=Arial size=1> <P>KU Truancy Prevention &amp; Diversion Program</FONT></P></TD> <TD width="11%" height=26><FONT face=Arial size=1> <P align=right>$11,440.00</FONT></P></TD> <TD width="11%" height=26><FONT face=Arial size=1> <P align=right>$12,480.00</FONT></P></TD> <TD width="13%" height=26><FONT face=Arial size=1> <P align=right>$11,440.00</FONT></P></TD></TR> <TR> <TD width="33%" height=26><FONT face=Arial size=1> <P>Mother to Mother of Douglas County</FONT></P></TD> <TD width="31%" height=26><FONT face=Arial size=1> <P>Dad’s Time</FONT></P></TD> <TD width="11%" height=26><FONT face=Arial size=1> <P align=right>$3,527.00</FONT></P></TD> <TD width="11%" height=26><FONT face=Arial size=1> <P align=right>$3,527.00</FONT></P></TD> <TD width="13%" height=26><FONT face=Arial size=1> <P align=right>$3,527.00</FONT></P></TD></TR> <TR> <TD width="33%" height=26><FONT face=Arial size=1> <P>Unified School District 348 (Baldwin)</FONT></P></TD> <TD width="31%" height=26><FONT face=Arial size=1> <P>Tutoring for School Success</FONT></P></TD> <TD width="11%" height=26><FONT face=Arial size=1> <P align=right>$9,804.00</FONT></P></TD> <TD width="11%" height=26><FONT face=Arial size=1> <P align=right>$9,804.00</FONT></P></TD> <TD width="13%" height=26><FONT face=Arial size=1> <P align=right>$9,804.00</FONT></P></TD></TR> <TR> <TD width="33%" height=26><FONT face=Arial size=1> <P>Unified School District 348 (Baldwin)</FONT></P></TD> <TD width="31%" height=26><FONT face=Arial size=1> <P>Bulldog Den (Jr. High)</FONT></P></TD> <TD width="11%" height=26><FONT face=Arial size=1> <P align=right>$8,045.00</FONT></P></TD> <TD width="11%" height=26><FONT face=Arial size=1> <P align=right>$8,045.00</FONT></P></TD> <TD width="13%" height=26><FONT face=Arial size=1> <P align=right>$8,045.00</FONT></P></TD></TR> <TR> <TD width="33%" height=26><FONT face=Arial size=1> <P>Unified School District 348 (Baldwin)</FONT></P></TD> <TD width="31%" height=26><FONT face=Arial size=1> <P>Vinland Elementary After School Program</FONT></P></TD> <TD width="11%" height=26><FONT face=Arial size=1> <P align=right>$3,294.00</FONT></P></TD> <TD width="11%" height=26><FONT face=Arial size=1> <P align=right>$3,369.00</FONT></P></TD> <TD width="13%" height=26><FONT face=Arial size=1> <P align=right>$3,294.00</FONT></P></TD></TR> <TR> <TD width="33%" height=26><FONT face=Arial size=1> <P>Van Go Mobile Arts</FONT></P></TD> <TD width="31%" height=26><FONT face=Arial size=1> <P>Jobs in the Arts Make Sense (JAMS)</FONT></P></TD> <TD width="11%" height=26><FONT face=Arial size=1> <P align=right>$17,000.00</FONT></P></TD> <TD width="11%" height=26><FONT face=Arial size=1> <P align=right>$32,602.00</FONT></P></TD> <TD width="13%" height=26><FONT face=Arial size=1> <P align=right>$17,000.00</FONT></P></TD></TR> <TR> <TD width="65%" bgColor=#ffffff colSpan=2 height=26><B><FONT face=Arial size=1> <P align=right>Sub Total Prevention Programs</B></FONT></P></TD> <TD width="11%" bgColor=#ffffff height=26><FONT face=Arial size=1> <P align=right>$117,858.00</FONT></P></TD> <TD width="11%" bgColor=#ffffff height=26><FONT face=Arial size=1> <P align=right>$142,772.00</FONT></P></TD> <TD width="13%" bgColor=#ffffff height=26><FONT face=Arial size=1> <P align=right>$117,858.00</FONT></P></TD></TR> <TR> <TD width="33%" height=26><FONT face=Arial size=1> <P>Big Brothers and Big Sisters</FONT></P></TD> <TD width="31%" height=26><FONT face=Arial size=1> <P>Partnership with Youth</FONT></P></TD> <TD width="11%" height=26><FONT face=Arial size=1> <P align=right>$19,561.00</FONT></P></TD> <TD width="11%" height=26><FONT face=Arial size=1> <P align=right>$30,342.00</FONT></P></TD> <TD width="13%" height=26><FONT face=Arial size=1> <P align=right>$19,561.00</FONT></P></TD></TR> <TR> <TD width="33%" height=26><FONT face=Arial size=1> <P>Douglas County Citizen Review Board (CRB)</FONT></P></TD> <TD width="31%" height=26><FONT face=Arial size=1> <P>JO CRB</FONT></P></TD> <TD width="11%" height=26><FONT face=Arial size=1> <P align=right>$17,056.00</FONT></P></TD> <TD width="11%" height=26><FONT face=Arial size=1> <P align=right>$20,530.00</FONT></P></TD> <TD width="13%" height=26><FONT face=Arial size=1> <P align=right>$17,056.00</FONT></P></TD></TR> <TR> <TD width="33%" height=26><FONT face=Arial size=1> <P>Family Enhancement of Community Living Opportunities</FONT></P></TD> <TD width="31%" height=26><FONT face=Arial size=1> <P>Family Enhancement</FONT></P></TD> <TD width="11%" height=26><FONT face=Arial size=1> <P align=right>$28,281.00</FONT></P></TD> <TD width="11%" height=26><FONT face=Arial size=1> <P align=right>$28,281.00</FONT></P></TD> <TD width="13%" height=26><FONT face=Arial size=1> <P align=right>$28,281.00</FONT></P></TD></TR> <TR> <TD width="65%" bgColor=#ffffff colSpan=2 height=26><B><FONT face=Arial size=1> <P align=right>Sub Total Intervention Program</B></FONT></P></TD> <TD width="11%" bgColor=#ffffff height=26><FONT face=Arial size=1> <P align=right>$64,898.00</FONT></P></TD> <TD width="11%" bgColor=#ffffff height=26><FONT face=Arial size=1> <P align=right>$79,153.00</FONT></P></TD> <TD width="13%" bgColor=#ffffff height=26><FONT face=Arial size=1> <P align=right>$64,898.00</FONT></P></TD></TR> <TR> <TD width="33%" height=26><FONT face=Arial size=1> <P>Douglas County Youth Services</FONT></P></TD> <TD width="31%" height=26><FONT face=Arial size=1> <P>Case Management</FONT></P></TD> <TD width="11%" height=26><FONT face=Arial size=1> <P align=right>$97,957.00</FONT></P></TD> <TD width="11%" height=26><FONT face=Arial size=1> <P align=right>Determined by JJA Same as FY 2006</FONT></P></TD> <TD width="13%" height=26><FONT face=Arial size=1> <P align=right>$97,957.00</FONT></P></TD></TR> <TR> <TD width="33%" height=26><FONT face=Arial size=1> <P>The Shelter, Inc.</FONT></P></TD> <TD width="31%" height=26><FONT face=Arial size=1> <P>JIAS</FONT></P></TD> <TD width="11%" height=26><FONT face=Arial size=1> <P align=right>$147,093.00</FONT></P></TD> <TD width="11%" height=26> <P></P></TD> <TD width="13%" height=26><FONT face=Arial size=1> <P align=right>$147,093.00</FONT></P></TD></TR> <TR> <TD width="33%" height=26><FONT face=Arial size=1> <P>Douglas County Youth Services</FONT></P></TD> <TD width="31%" height=26><FONT face=Arial size=1> <P>JISP</FONT></P></TD> <TD width="11%" height=26><FONT face=Arial size=1> <P align=right>$233,572.00</FONT></P></TD> <TD width="11%" height=26> <P></P></TD> <TD width="13%" height=26><FONT face=Arial size=1> <P align=right>$233,572.00</FONT></P></TD></TR> <TR> <TD width="65%" bgColor=#ffffff colSpan=2 height=26><FONT face=Arial size=1> <P align=right>Core Services Sub Total</FONT></P></TD> <TD width="11%" bgColor=#ffffff height=26><FONT face=Arial size=1> <P align=right>$478,622.00</FONT></P></TD> <TD width="11%" bgColor=#ffffff height=26> <P></P></TD> <TD width="13%" bgColor=#ffffff height=26><FONT face=Arial size=1> <P align=right>$478,622.00</FONT></P></TD></TR> <TR> <TD width="65%" bgColor=#ffffff colSpan=2 height=26><FONT face=Arial size=1> <P align=right>Total</FONT></P></TD> <TD width="11%" bgColor=#ffffff height=26><FONT face=Arial size=1> <P align=right>$661,378.00</FONT></P></TD> <TD width="11%" bgColor=#ffffff height=26> <P></P></TD> <TD width="13%" bgColor=#ffffff height=26><FONT face=Arial size=1> <P align=right>$661,378.00</FONT></P></TD></TR></TBODY></TABLE></P><FONT face=Arial size=1></FONT> <P>Jones moved approval of the 7th Judicial District Juvenile Justice Authority&nbsp;Prevention/ Intervention and Core Services funding application for FY 2007 as outlined above; McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>PUBLIC WORKS, ZONING &amp; RESOLUTIONS 11-28-05</STRONG><BR>The Board considered approval of a resolution extending the temporary prohibition of the issuance of permits for the construction or placement of dwellings and mobile homes on certain tracts relying on the 5-acre exemption. Keith Dabney, Director of Zoning and Codes, was present for the discussion. Johnson stated that he did not have a problem extending the moratorium until May 31, 2006, in order to allow time to complete the proposed regulations and road classifications. After discussion, Jones made a motion to approve Home Rule Resolution No. HR-05-11-7 Providing for the Temporary Prohibition of the Issuance of Permits for the Construction or Placement of Dwellings and Mobile Homes on Certain Tracts Relying on the 5-Acre Exemption and Providing Certain Exceptions. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 11-28-05<BR></STRONG>Johnson moved approval of accounts payable in the amounts of $258,791.91 to be paid 11/21/05 and $389,013.87 to be paid 11/28/05; accounts payable manual checks in the amount of $566.06; merit payroll in the amount of $68,789.49; electronic funds transfers in the amounts of $5,274.51 for FICA and $3,054.82 for KPERS to be paid 11/18/05; payroll in the amount of $630,536.18; and electronic funds transfers in the amounts of $45,960.98 for FICA and $44,139.25 for KPERS to be paid 11/23/05. Motion was seconded by Jones and<BR>carried unanimously.</P> <P>Jones made a motion to adjourn; McElhaney seconded and the motion carried unanimously.</P> <P><BR>_____________________________ _____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P>

<P>Jones called the meeting to order at 6:37 P.M. on Wednesday, November 30, 2005 with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 11-30-05</STRONG><BR>McElhaney moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5342. Order is on file in the office of the County Clerk;</LI> <LI>Approve Memorandum of Understanding by and between The City of Lecompton, Kansas, Douglas County, Kansas, Jefferson County, Kansas, and The Kansas Department of Wildlife and Parks to construct a boat ramp along the left bank of the Kansas River; and</LI> <LI>Pull the item "Consider approval of HAVA purchase" for discussion.</LI></UL> <P>Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>MISCELLANEOUS &amp; PURCHASING 11-30-05</STRONG><BR>Jamie Shew, County Clerk, presented updated information regarding the purchase of equipment that would bring the County into compliance with the Help America Vote Act (HAVA). Election Systems &amp; Software (ES&amp;S) has submitted a bid in the amount of $820,880 which includes trade-in credits for existing equipment. After discussion, McElhaney made a motion to waive the Purchasing Policy and authorize the purchase of equipment as recommended by Shew from Election Systems &amp; Software. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>PUBLIC WORKS 11-30-05</STRONG><BR>The Board discussed the issue of new subdivisions being required to have access to paved roads. Keith Browning, Director of Public Works/County Engineer, was present for the discussion. Jones noted that many of our townships do not have the capability of maintaining roads of that nature which will result in the County being asked with greater frequency to maintain those roads. Jones stated he thought it made sense to set a policy stating what conditions need to be met in order for the County to accept maintenance of these roads.</P> <P>It was the consensus of the Board that Browning come up with some sort of plan and solicit advice from the County Counselor if needed. No action was taken.</P> <P><STRONG>PLANNING 11-30-05</STRONG><BR>The Board discussed the Working Draft of the Revisions to the Subdivision Regulations. Linda Finger, Director of the Lawrence-Douglas County Metropolitan Planning Department, and Richard Ziesenis, Director of Environmental Health for the Lawrence-Douglas County Health Department, were present for the discussion. Ziesenis presented a letter from the Lawrence-Douglas County Health Board advising the County Commission to adopt requirements that would prohibit that installation of septic tanks and septic fields for all future construction within the 100 year floodplain. No action was taken.</P> <P><STRONG>MISCELLANEOUS 11-30-05</STRONG><BR>County resident Billy Gethridge, who lives within the UGA asked questions about his future options with respect to selling off acreage.</P> <P>Jones made a motion to adjourn; McElhaney seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;&nbsp;Jere McElhaney, Member<BR></P>

<P>Jones called the meeting to order at 8:36 A.M. on Monday, December 5, 2005 with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 12-05-05</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <UL> <LI>Authorize Notice to Townships for cereal malt beverage licenses to Grant Township for Midland Farm Store, "The Bird", and Paradise Saloon; Eudora Township for Eudora Riverview Golf; and Clinton Township for Clinton Marina; and</LI> <LI>Pull the item "Consider approval of Agreement for Housing Inmates in Douglas County Jail between Douglas County, Kansas and The City of Eudora, Kansas" for discussion.</LI></UL> <P>Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>SHERIFF &amp; AGREEMENTS 12-05-05</STRONG><BR>The Board considered approval of an Agreement between Douglas County, Kansas and the City of Eudora, Kansas for Housing Inmates in Douglas County Jail. Craig Weinaug, County Administrator, stated that this contract charges the same rates as the contracts for the other cities in Douglas County. Jones asked whether these charges were consistent with the surrounding counties. Weinaug stated that he did not know. Jones then questioned whether the charges included administrative costs or just operational costs. Pam Madl, Assistant County Administrator, stated that they were actual expenditures, including staff time, but capital costs were not included. Jones made a motion to approve the Agreement; motion was seconded by Johnson and carried unanimously. Jones requested that next time these contracts are renewed staff provide information as to whether Douglas County's charges are consistent with the other counties in the area.</P> <P><STRONG>PERSONNEL 12-05-05</STRONG><BR>The Board discussed the 2006 Cost of Living Adjustment (COLA). Pam Madl, Assistant County Administrator, presented the U.S. Department of Labor Consumer Price Index for all Urban Consumers and various Average Price Data. The Board included a 2% COLA in the 2006 budget. Madl noted that 2% appears to be somewhat low given the data provided. The value of 1% would be $145,316 and 0.5% would be $72,658 if the Board were to approve an increase in the COLA award.</P> <P>Jones questioned the revenue projections. Craig Weinaug, County Administrator, stated that the projections were on track. If the Board approved an increase, it could be absorbed, but it would have an impact on the budget in 2007.</P> <P>Johnson stated he wasn't particularly excited about adding $145,000 to the budget, but didn't think a 3% COLA is out of line with what is happening now.</P> <P>McElhaney noted that employees also receive merit increases. Weinaug pointed out that some employees also receive a 1% experience award.</P> <P>Jones stated that from a management standpoint, it's a mistake to blur these concepts and call it all COLA. </P> <P>McElhaney disagreed. He stated that it should all be looked at. He noted that he didn't have a problem with giving even a 5% COLA, but he wanted to know where the money would come from.</P> <P>Ken McGovern, Sheriff, spoke in favor if increasing the COLA.</P> <P>Kay Pesnell, Register of Deeds, noted that basic housing costs have gone up between 5 and 8%.</P> <P>Browning stated that COLA increases are to keep employee's pay the same, it's an adjustment for inflation and should be looked at and apart from other issues. He noted problems with retaining employees in years past, but stated that hasn't been a problem lately.</P> <P>Johnson said he felt that 2% seemed adequate at the time the budget was set. However, he believed that increasing it to 3% would be the right thing to do. </P> <P>Jones agreed but indicated that he would like to have a more serious discussion in the spring about the merit and experience awards.</P> <P>Johnson made a motion to approve a 3% COLA for 2006. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 12-05-05</STRONG><BR>Jones moved approval of accounts payable in the amount of $169,289.54 to be paid 12/05/05; District Attorney longevity payroll in the amount of $4,500; and electronic funds transfers in the amounts of $345.44 for FICA and $126.32 for KPERS to be paid 12/02/05. Motion was seconded by Johnson and carried unanimously.</P> <P>&#160;<STRONG>MISCELLANEOUS 12-05-05<BR></STRONG>At 9:30 A.M., Jones made a motion that the Board recess to go into executive session until 9:55 A.M. with Craig Weinaug, County Administrator; Pam Madl, Assistant County Administrator; Ken McGovern, Sheriff; Kenny Massey, Undersheriff; and David Dillon, Lieutenant, to discuss security. Motion was seconded by Johnson and carried unanimously. At 9:55 A.M., Jones made a motion to extend the executive session until 10:30 A.M.; Johnson seconded and the motion carried unanimously. The Board returned to regular session at 10:23 A.M. No action was taken.</P> <P>Jones made a motion to adjourn; McElhaney seconded and the motion carried.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member<BR></P>

<P>Jones called the meeting to order at 8:32 A.M. on Monday, December 12, 2005 with two members present. McElhaney was absent. The Pledge of Allegiance was recited.</P> <P>Jones made a motion to approve the minutes of November 28, as amended, November 30, and December 5, 2005. Motion was seconded by Johnson and carried.</P> <P><STRONG>CONSENT AGENDA 12-12-05</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 5344 and 5345. Orders are on file in the office of the County Clerk;</LI> <LI>Authorize Notice to Eudora Township for Cecil Monday's Bar &amp; Grill;</LI> <LI>Approve Agreement with Bert Nash Community Mental Health Center, Inc. to provide mental health services to inmates at the Douglas County Jail; and</LI> <LI>Approve Agreements with Motorola for maintenance of the 800 Mhz trunked radio system and dispatch console in the amount of $32,499, and the mobile data system software and infrastructure in the amount of $16,239.</LI></UL> <P>Motion was seconded by Johnson and carried.</P> <P><STRONG>YOUTH SERVICES 12-12-05<BR></STRONG>The Board considered approval of the purchase of Livescan Fingerprint Equipment utilizing the State of Kansas State Purchasing Contract. Pam Weigand, Director of Youth Services, explained that in the spring of 2005, the Department of Youth Services applied for a Federal Edward Byrne Memorial Justice Grant (JAG). In June of 2005, we were notified that the Kansas Criminal Justice Coordinating Council (KCJCC) had approved the Fiscal Year 2006 (July 1, 2005 through June 30, 2006) grant award for $18,314. Youth Services has agreed to provide the required matching funds in the amount of $6,105 from Youth Services Equipment Reserve Funds. Staff has worked closely with Jim Lawson and the Sheriff's Information Technology staff to ensure compatibility with the Sheriff's booking software. The application to become a Kansas Terminal User with access to the Kansas Criminal Justice Information System is in process with the Kansas Highway Patrol. </P> <P>Youth Services is ready to purchase the necessary equipment from the Kansas State Purchasing Contract with the vendor Cross Match Technologies, Inc. The total package price is $24,419. The JAG grant will reimburse $18,314 of the purchase with the remaining $6,105 to be paid from the Youth Services Equipment Reserve Fund.</P> <P>After discussion, Jones made a motion to approve the purchase of the Livescan Fingerprint Equipment in the amount of $24,419 from Cross Match Technologies, Inc., with $6,105 of that amount to be paid for from the Youth Services Equipment Reserve Fund. Motion was seconded by Johnson and carried.</P> <P><STRONG>RESOLUTIONS 12-12-05<BR></STRONG>Jones made a motion to approve Resolution No. 05-34, a Resolution concerning reimbursement of County employees for the use of their personal motor vehicles for County Business. Motion was seconded by Johnson and carried.</P> <P><STRONG>FAIRGROUNDS 12-12-05<BR></STRONG>Harold Stewart, Douglas County Administrator Intern, discussed recommendations with regard to potential increase of rates, reservation policies and parking issues for the Douglas County Fairgrounds. Trudy Rice, Douglas County Extension Director, and Bill Bell, Director of Buildings and Grounds, were also present for the discussion. </P> <P>Johnson stated he believed there should be a plan to recover 50% of the cost of using the facilities through increased fees. He also stated that the deposit amount should be increased enough to cover the costs of cleaning the building if it was not completed. </P> <P>Stewart stated there has not been a great deal of problems with people not cleaning the facilities. </P> <P>Jones suggested that a 50% increase in fees might need to be phased in over a few years.</P> <P>Johnson agreed adding that after the first year, the fees could be reviewed and research conducted to determine whether the increased fees were causing people not to rent the facilities.</P> <P>Jones questioned whether the fees could be set administratively. Craig Weinaug, County Administrator, stated they could. Pam Madl, Assistant, County Administrator, noted that a resolution was passed that allowed administration to set the fees with the exception of the fairgrounds.</P> <P>It was the consensus of the Board that staff be directed to prepare a resolution deferring authority to change the fairgrounds rates to the County Administrator or his/her appointee, and also instructed staff to set the objective that rates be structured to recover 50% of costs incurred by operation. The Board also requested that a yearly report be submitted during the budget process. No action was taken.</P> <P><STRONG>ACCOUNTS PAYABLE 12-12-05</STRONG><BR>Johnson moved approval of payroll in the amount of $662,833.29; and electronic funds transfers in the amounts of $48,013.27 for FICA and $47,018.75 for KPERS to be paid 12/09/05. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PUBLIC COMMENT 12-12-05<BR></STRONG>Rick Sells, owner of the Lawrence Athletic Center, made brief comments about a proposed recreation center. No action was taken.</P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________<BR>Jamie Shew, County Clerk&nbsp;</P>

<P>Jones called the meeting to order at 6:37 P.M. on Wednesday, December 14, 2005 with two members present. McElhaney was absent. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 12-14-05</STRONG><BR>Johnson moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Force Account Proposal in the amount of $91,093.85 to provide construction engineering services for Project No. 23 C-3890- 01.</LI></UL> <P>Motion was seconded by Jones and carried.</P> <P><STRONG>MISCELLANEOUS 12-14-05</STRONG><BR>The Board discussed the possibility of a jointly funded recreation needs study. Bonnie Lowe, representing Partners for Lawrence Athletics &amp; Youth (PLAY) conducted a brief presentation. It was the consensus of the Board that the County would be willing to be partners to some degree. The Board encouraged Lowe to return with a more concrete proposal for further study. No action was taken.</P> <P><STRONG>MISCELLANEOUS 12-14-05</STRONG><BR>Jones made the following statement:</P> <P>&nbsp;"The Douglas County Commission has an obligation to operate at the highest ethical and legal standards. Therefore, I have asked the County Counselor and County Administrator to make absolutely certain that we are handling this situation in a manner that is completely in keeping with these legal and ethical standards. While this matter is pending, Commissioner McElhaney should recuse himself from any county business pertaining to the Sheriff's Office, the District Attorney's Office and the District Courts. Commissioner McElhaney -- and his representatives -- should also avoid any and all contact with personnel from these offices, except as appropriate in case of emergency."</P> <P><STRONG>ACCOUNTS PAYABLE 12-14-05</STRONG><BR>Johnson moved approval of accounts payable in the amounts of $222,441.61 to be paid 12/12/05 and $107,522.66 to be paid 12/19/05; and accounts payable manual checks in the amount of $566.06. Motion was seconded by Jones and carried.</P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P><BR>_____________________________&nbsp;_____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________<BR>Jamie Shew, County Clerk&nbsp;</P>

<P>Jones called the meeting to order at 8:36 A.M. on Monday, December 19, 2005 with all members present.</P> <P>Jones moved approval of the minutes of December 7, December 12, as amended, and December 14, 2005. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>CONSENT AGENDA 12-19-05</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 5247. Order is on file in the office of the County Clerk;</LI> <LI>Authorize Notice to Townships for cereal malt beverage licenses to Kanwaka Township for Clinton Cove Mini Mart and Willow Springs Township for Zarco, Inc.;</LI> <LI>Approve Resolution No. 05-35 granting a beer license to Flamingo Catering;</LI> <LI>Approve Resolution No. 05-36 granting a beer license to The Bird of Lawrence;</LI> <LI>Approve Resolution No. 05-37 granting a beer license to Eudora Riverview Golf;</LI> <LI>Approve Resolution No. 05-38 granting a beer license to Cecil Monday's Bar &amp; Grill;</LI> <LI>Approve Resolution No. 05-39 granting a beer license to Midland Farm Store;</LI> <LI>Approve Resolution No. 05-40 granting a beer license to Clinton Marina; and</LI> <LI>Approve Class "B" Club Licenses for The Bird of Lawrence and Paradise Saloon.</LI></UL> <P>Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>PUBLIC WORKS &amp; AGREEMENTS 12-19-05</STRONG><BR>The Board discussed a draft maintenance agreement for the Hesper Charter Road Improvement District. Keith Browning, Director of Public Works/County Engineer, was present for the discussion. Roads within the Hesper Charter Road Improvement District (the District) were chip sealed in the summer of 2005. A maintenance agreement between Eudora Township, the District, and Douglas County is needed to define maintenance responsibilities and cost sharing for maintenance activities. Browning presented a draft maintenance agreement for discussion. It was the consensus of the Board to defer action until the Eudora Township Board has had the opportunity review and comment on the agreement. No action was taken.</P> <P><STRONG>PUBLIC WORKS 12-19-05</STRONG><BR>The Board discussed the dust palliative program policies for 2006. Keith Browning, Director of Public Works/County Engineer, recommended that the Board continue the brokerage of a dust palliative program with an up front user fee of $1.00/linear foot ($0.62/l.f. for dust palliative material and an additional $0.38/l.f. user fee to cover road preparation costs), plus an administrative fee of $45.00 per applicant. </P> <P>After discussion, Jones made a motion to grant permission to continue the brokerage of a dust palliative program with an up front user fee of $1.00/linear foot ($0.62/l.f. for dust palliative material and an additional $0.38/l.f. user fee to cover road preparation costs), plus an administrative fee of $45.00 per applicant; authorize treatment of additional roads to be funded by Road and Bridge Fund 201; and grant permission to advertise for bidders once the application process has been completed. Motion was seconded by Johnson and carried.</P> <P><STRONG>MISCELLANEOUS 12-19-05</STRONG><BR>The Board reviewed the County Administrator's Issues and Objectives Report. No action was taken.</P> <P><STRONG>OUT-DISTRICT COLLEGE TUITION STATEMENTS 12-19-05<BR></STRONG>Jones moved approval of the twenty-two (22) Out-District College Tuition Statements in the amount of $78,069. Motion was seconded by Johnson and carried with McElhaney opposed.</P> <P><STRONG>ACCOUNTS PAYABLE 12-19-05</STRONG><BR>Jones moved approval of accounts payable manual checks in the amount of $1,185.52; Public Works Safety Awards payroll in the amount of $870.00; and electronic funds transfers in the amounts of $68.69 for FICA and $17.50 for KPERS to be paid 12/16/05. Motion was seconded by Johnson and carried unanimously.</P> <P>&#160;Jones made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Charles Jones, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bob Johnson, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P>

<P>Johnson called the meeting to order at 9:00 A.M. on Tuesday, December 27, 2005 with two members present. Jones was absent.</P> <P><STRONG>CONSENT AGENDA 12-27-05</STRONG><BR>McElhaney moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Department of Transportation Form Nos. 1303, 1303A and 1304 certifying easement acquisitions and utility relocation arrangements are complete for Project No. 23 C-3890-01, replacement of Route 1055 bridge approximately 3/4 mile south of Route 458; and</LI> <LI>Approve Contracts for Highway Purposes between Douglas County and Jonathan T. Williamson; Douglas County and Herman E. Morris; Douglas County and William M. Smith and Jeanette C. Smith; Douglas County and Eric R. Hunter and Toni R. Hunter; Douglas County and Bruce L. Bundy and Emma Jean Bundy; Douglas County and Mary Watson; Douglas County and Marie Nussbaum, Rodney L. Nussbaum; Nancy L. Nussbaum, and Rodney L. Nussbaum; and Douglas County and Jack F. Saile and Donna K. Saile for Project No. 23 C-3890-01.</LI></UL> <P>Motion was seconded by Johnson and carried.</P> <P><STRONG>PLANNING 12-27-05</STRONG><BR>The Board considered approval of a request from George and Julie Maxwell for an extension of CUP-07-02-00: Private Landing Strip, located at 1222 N 200 Road, Baldwin City, Kansas. Lisa Pool, staff member of the Lawrence-Douglas County Metropolitan Planning Department, explained that the CUP application was originally approved for five years by the Board of County Commissioners on October 30, 2000, subject to the following conditions:</P> <P>&nbsp;1.&nbsp;All necessary certification from the Federal Aviation Authority (FAA) be obtained.<BR>&nbsp;2.&nbsp;The landing field not be used for commercial purposes.<BR>&nbsp;3.&nbsp;This CUP will expire December 31, 2005 unless, before that date, the Board of County Commissioners approves to extend the CUP's expiration date.</P> <P>The Maxwells submitted a letter on November 28, 2005 requesting that the five-year renewal period for the landing strip be changed to a 10-year renewal period. Staff recommends a five-year period be maintained, as it provides the applicant with time to plan and affords the city a standardized periodic review. Staff recommends an extension of CUP-07-02-00 for five (5) years with the following conditions:</P> <P>&nbsp;1.&nbsp;All necessary certification from the Federal Aviation Authority (FAA) be obtained.<BR>&nbsp;2.&nbsp;The landing field will not be used for commercial purposes.<BR>&nbsp;3.&nbsp;This CUP will expire December 31, 2010 unless, before that date, the Board of County Commissioners approves to extend the CUP's expiration date.<BR>&nbsp;<BR>Johnson noted that the Board prefers to approve CUPs on a standard basis for ten (10) years with a five (5) year interim review. He asked that staff make a note of this when it expires in 2010.</P> <P>McElhaney then made a motion to approve the extension of CUP-07-02-00 subject to the above-referenced conditions recommended by staff. Motion was seconded by Johnson and carried.</P> <P><STRONG>MISCELLANEOUS 12-27-05<BR></STRONG>McElhaney made a motion that Johnson be authorized to sign accounts payable, resolutions and KDOT forms until Monday, January 9, 2006. Motion was seconded by Johnson and carried. It should be noted that on December 30, 2005, Johnson signed Resolution Nos. 05-41 and 05-42 granting cereal malt beverage licenses to Clinton Cove Mini Mart and Zarco, Inc.</P> <P><STRONG>ACCOUNTS PAYABLE 12-27-05</STRONG><BR>Johnson moved approval of accounts payable in the amount of $176,160.60 to be paid 12/27/05; accounts payable manual checks in the amount of $566.06; payroll in the amount of $619,899.57; and electronic funds transfers in the amounts of $44,590.46 for FICA and $43,286.50 for KPERS to be paid 12/23/05. Motion was seconded by McElhaney and carried.</P> <P>Johnson made a motion that the Board recess to go into Special Session for the purpose of canvassing the Baldwin Special Question -- Sunday Liquor Sales which was held on Thursday, December 22, 2005. Motion was seconded by McElhaney and carried.</P> <P><STRONG>MISCELLANEOUS 12-27-05</STRONG><BR>The Board reconvened in Special Session as the Board of Canvassers with two members present. Jones was absent. Johnson made a motion to appoint Paula Gilchrist, County Treasurer, to serve as a canvasser in the absence of Jones. McElhaney seconded and the motion carried.</P> <P>Jamie Shew, County Clerk, noted there were four (4) provisionals and recommended that three (3) be counted due to address or name changes, and recommended that one (1) not be counted since there was no record of registration in Baldwin City.</P> <P>McElhaney made a motion to accept Shew's recommendations; Johnson seconded and the motion carried unanimously.</P> <P>The results of the election were not changed and no errors were found.</P> <P>Johnson made a motion to adjourn; McElhaney seconded and the motion carried.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Bob Johnson, Member&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_____________________________<BR>Jamie Shew, County Clerk</P> <P>&nbsp;</P>

<P>Jones called the meeting to order at 8:33 on Monday, January 9, 2006 with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>MISCELLANEOUS 01-09-06</STRONG><BR>Jones made a motion that Johnson be elected Chairman of the Board effective today for the coming year. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 01-09-06<BR></STRONG>Jones made a motion that McElhaney be elected as Vice Chairman of the Board effective today for the coming year. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>CONSENT AGENDA 01-09-06<BR></STRONG>Johnson moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 06-101, 06-102, and 06-103. Orders are on file in the office of the County Clerk; and</LI> <LI>Approve Home Rule Resolution No. HR-06-1-1 Correcting a Technical Error in Real Estate Description Set Forth in Home Rule Resolution No. HR-04-12-3 (A Resolution Creating the Hesper Charter Road Improvement District, Douglas County, Kansas).</LI></UL> <P>Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PLANNING 01-09-06</STRONG><BR>The Board considered Item No. 1 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated December 12, 2005. This item is PF-09-38-05: Final Plat of Audrey's Addition. This two-lot County residential subdivision contains approximately 8.5 acres and is located on the east side of E 1500 Road, north of N 1000 Road. Submitted by Taylor Design Group for M. Delores Clarridge, property owner of record. Paul Patterson, staff member of the Lawrence-Douglas County Metropolitan Planning Department, was present for the discussion. This item comes to the Board with a unanimous recommendation for acceptance of easements and right-of-way subject to the following conditions:</P> <P>&nbsp;1.&nbsp;Change the Certificate of Governing Body to the Douglas County Commission.<BR>&nbsp;2.&nbsp;Modify the name of the Planning Commission Chairperson to Terry Riordan.<BR>&nbsp;3.&nbsp;Execution of a water supply agreement between the Health Department and the developer.<BR>&nbsp;4.&nbsp;Documentation of the completion of a septic system site evaluation by the Health Department.<BR>&nbsp;5.&nbsp;Provision of the following fees and recording documentation:<BR>&nbsp;&nbsp;a.&nbsp;Copy of paid property tax receipt;<BR>&nbsp;&nbsp;b.&nbsp;Recording fees made payable to the Douglas County Register of Deeds.<BR>&nbsp;<BR>After discussion, Jones made a motion to approve PF-09-38-05 subject to the above-referenced conditions. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>PURCHASING 01-09-06</STRONG><BR>The Board considered approval of the purchase of a copier/scanner/printer and color plotter for the Register of Deeds and GIS. Jackie Waggoner, Purchasing Director, explained that the copier/scanner/printer would replace a wide format copier (purchased in 1998) located in the Register of Deeds Office, and the color plotter would be new for GIS staff who currently utilizes equipment in the Appraiser's Office. The wide format 1998 copier would be relocated to the Zoning office. This equipment will allow staff and the public to scan, store, retrieve and print all plats and maps and will be paid out of the technology fund. Proposals were solicited, received and narrowed to the selection of Drexel Technologies, Lenexa, Kansas. After discussion, Jones made a motion to accept the negotiated proposal in the amount of $31,063.80 from Drexel Technologies for the purchase of the copier/scanner/printer and plotter. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 01-09-06<BR></STRONG>Jones moved approval of accounts payable in the amounts of $238,615.55 to be paid 01/03/06 and $677,480.14 to be paid 01/09/06; accounts payable manual checks in the amounts of $986.61, $225,800.00, and $566.06; election payroll in the amount of $881.00; payroll in the amount of $666,879.62; and electronic funds transfers in the amounts of $49,087.20 for FICA and $50,084.00 for KPERS to be paid 01/06/06. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 01-09-06</STRONG><BR>At 9:15 A.M., Johnson made a motion that the Board recess to go into executive session until 9:35 A.M. with Craig Weinaug, County Administrator; Pam Madl, Assistant County Administrator; Ken McGovern, Sheriff; Kenny Massey, Undersheriff; and David Dillon, Lieutenant, to discuss security. Motion was seconded by Jones and carried unanimously. At 9:35 A.M., Johnson made a motion to extend the executive session until 10:00 A.M.; Jones seconded and the motion carried unanimously. The Board returned to regular session at 9:50 A.M. No action was taken.</P> <P>Johnson made a motion to adjourn; McElhaney seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member<BR></P>

<P>Johnson called the meeting to order at 6:35 P.M. on Wednesday, January 11, 2006 with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>PLANNING 11-11-06</STRONG><BR>Tim Herndon, Landplan Engineering, formally stated that Item Z-09-62-05: A request to rezone a tract of land approximately 80 acres from A (Agricultural) District to A-1 (Suburban Home Residential) District submitted by Travis C. and Jo A. Morgan, property owners of record, has been withdrawn. No action was taken.</P> <P><STRONG>CONSENT AGENDA 01-11-06</STRONG><BR>McElhaney moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 06-104 and 06-105. Orders are on file in the office of the County Clerk.</LI></UL> <P>Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PLANNING 01-11-06<BR></STRONG>The Board considered Item No. 3 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated December 12, 2005. This item is PF-10-40-05: Final Plat for Tomlinson Addition. This proposed one-lot residential subdivision contains approximately 48.0 acres. The property is described as being located at 1800 N 250 Road. Submitted by Landplan Engineering, PA for Ralph and Barbara Tomlinson, property owners of record. Lisa Pool, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. This item comes to the Board with a unanimous recommendation for approval subject to the following conditions:</P> <P>&nbsp;1.&nbsp;Submittal of a completed water supply agreement between the Lawrence-Douglas County Health Department and the developer.<BR>&nbsp;2.&nbsp;Documentation of a septic system site evaluation conducted by the Lawrence-Douglas County Health Department.<BR>&nbsp;3.&nbsp;Provision of the following fees and recording documentation:<BR>&nbsp;&nbsp;a.&nbsp;A current copy of a paid property tax receipt.<BR>&nbsp;&nbsp;b.&nbsp;Recording fees made payable to the Douglas County Register of Deeds.<BR>&nbsp;4.&nbsp;Revision of the plat to include the following:<BR>&nbsp;&nbsp;a.&nbsp;The addition of 7.5 foot wide utility easements centered on the side lot lines.</P> <P>After discussion, McElhaney made a motion to approve PF-10-40-05 subject to the above-referenced conditions. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PUBLIC WORKS &amp; AGREEMENTS 01-11-06<BR></STRONG>The Board convened as Board of Directors of Hesper Charter Road Improvement District to consider approval of a Maintenance Agreement for Hesper Charter Road Improvement District. Keith Browning, Director of Public Works/County Engineer, explained that this agreement is needed to define the maintenance responsibilities and cost sharing for maintenance activities for roads within the Hesper Charter Road Improvement District. Browning met with the Eudora Township Board on January 6, 2006 at their monthly meeting. The agreement stipulates that Douglas County will perform all road maintenance activities. The County will withhold from the Township a percentage of revenues dedicated for road purposes in accordance with the ratio of the valuation of properties within the District divided by the total Township valuation. The District will supplement these funds with special assessments collected from properties within the District. Properties within the District will be assessed for the difference between the estimated annual road maintenance costs and the percentage of revenues for road purposes withheld from the Township and deposited into the District maintenance fund. The District would then reimburse the County (Road &amp; Bridge Fund 201) by periodic journal entries for actual maintenance costs. After discussion, Johnson made a motion that the District Board authorize the President and Vice President to sign three (3) original copies of the agreement. Motion was seconded by Jones and carried unanimously.</P> <P>Johnson made a motion that the Board of Directors adjourn; Jones seconded and the motion carried unanimously.</P> <P>Jones made a motion that the&nbsp; Board of County Commissioners authorize the Chair to sign three (3) original copies of the Agreement. Motion was seconded by Johnson and carried unanimously.</P> <P>Johnson made a motion to adjourn; Jones seconded and the motion carried unanimously.</P> <P><BR>_____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp; Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member</P>

<P>Johnson called the meeting to order at 6:35 P.M. on Wednesday, January 18, 2006 with all members present. The Pledge of Allegiance was recited.</P> <P>Jones moved approval of minutes of December 19, December 27, 2005, and January 9, 2006. McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>CONSENT AGENDA 01-18-06</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 06-106 and 06-107. Orders are on file in the office of the County Clerk.</LI></UL> <P>Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 01-18-06</STRONG><BR>The Board considered a request received from KLM Marketing Solutions for the temporary closure of the South Lawrence Trafficway from 8:30 A.M. until 12 noon on Friday, May 12, 2006 for the 2006 NCCA National Team Trial Bicycle Championships. Bob Sanner, Director, Conventions &amp; Sports Markets of the Lawrence Chamber of Commerce Convention &amp; Visitor's Bureau, was present for the discussion. Sanner stated that the Board approved a similar request last year. However, in order to increase participation, the team trial has been moved to Friday morning instead of Sunday morning. Meetings have been held with the Public Works Department, the Sheriff's Office, the Kansas Department of Transportation, and state troopers to discuss public safety. After discussion, Jones made a motion that staff be directed to write a letter in support of this event to the Kansas Department of Transportation. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>MISCELLANEOUS &amp; PURCHASING 01-18-06<BR></STRONG>The Board discussed the acquisition of elevation data with Rick Miller, GIS Director. Miller explained that Douglas County and the City of Lawrence are planning the acquisition of new elevation data and the update of aerial photography for the entire county in 2006. The County and City will share proportionately in funding the project, with the City responsible for the acreage contained within the Urban Growth Area. Phase I of the project will capture and process elevation data into final products and interim data to be used in Phase II, the update of aerial photography. Phase I is a cooperative project between the United States Geological Survey (USGS), 7 counties, 3 cities, the Department of Defense, and 4 state agencies. Phase I of the project is estimated to cost $58,000 and Phase II is estimated to cost $390,000. Douglas County has budgeted $300,000 for this project. After discussion, Jones made a motion to waive the bid requirement of the Douglas County Purchasing Policy and delegate signature authority to Pam Madl, Assistant County Administrator, to enter into a Joint Funding Agreement with the USGS for an amount not to exceed $300,000 for Douglas County's share of Phase I and Phase II. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PUBLIC WORKS 01-18-06</STRONG><BR>The Board considered amendments to Horizon 2020, Chapter 8 -- Transportation. Keith Browning, Director of Public Works/County Engineer, and Bill Ahrens, staff member of the Lawrence-Douglas County Metropolitan Planning Department, were present for the discussion. After discussion, Jones made a motion to direct staff to submit the amendments to the Planning Commission for consideration. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 01-18-06</STRONG><BR>Jones made a motion that Johnson be the county representative to the Public Incentive Review Committee (PIRC). Motion was seconded by Johnson and carried unanimously.</P> <P>McElhaney excused himself at 7:32 P.M.</P> <P><STRONG>ACCOUNTS PAYABLE 01-18-06</STRONG><BR>Johnson moved approval of accounts payable in the amount of $390,994.03 to be paid 01/17/06; and accounts payable manual checks in the amounts of $625.00, $3,461.40 and $3,910.00. Motion was seconded by Jones and carried.</P> <P>Johnson made a motion to adjourn; Jones seconded and the motion carried.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;&nbsp;Charles Jones, Member<BR></P>

<P>Johnson called the meeting to order at 8:30 A.M. on Monday, January 23, 2006 with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 01-23-06<BR></STRONG>Jones moved approval of the following Consent Agenda:</P> <UL> <LI>Note receipt of fee reports for the months of October, November and December, 2005.</LI></UL> <P>Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 01-23-06</STRONG><BR>The Board discussed a request from the City of Eudora to support Eudora City Resolution No. 2006-01 with regard to a new turnpike interchange north of Eudora. Cheryl Beatty, City Manager of the City of Eudora, and Tom Pyle, Mayor of Eudora, were present for the discussion. Beatty noted that Tonganoxie and Baldwin City have approved similar resolutions supporting this transportation corridor route and the importance of its construction. Representatives from Leavenworth County and Tonganoxie will be traveling to Washington D.C. with our support to seek additional federal funds. It was the consensus of the Board that staff be directed to draft a similar resolution for the Board's approval on Wednesday, January 25, 2006. No action was taken.</P> <P><STRONG>PUBLIC WORKS 01-23-06</STRONG><BR>Keith Browning, Director of Public Works/County Engineer, notified the Board that only one bid was received for Project No. 23U-1956-01, the replacement of the Kasold Bridge over the Kansas Turnpike. The bid received from King Construction was in the amount of $3,210,385, which would result in a county cost share of approximately $597,000. In October 2005, Browning had estimated that Douglas County's cost share would be approximately $586,200. Browning asked the Board if they wanted to further discuss the issue or if they wanted to notify the City of Lawrence they wanted to proceed. It was the consensus of the Board to proceed with the project and directed Browning to notify the City of Lawrence.</P> <P><STRONG>APPOINTMENTS 01-23-06</STRONG><BR>McElhaney made a motion to appoint Jay Robertson, Lecompton, Kansas, to the Fire District No. 1 Board of Trustees for a three (3) year term which shall expire on December 31, 2008. Motion was seconded by Jones and carried unanimously.</P> <P>&#160;<STRONG>ACCOUNTS PAYABLE 01-23-06<BR></STRONG>Jones moved approval of accounts payable in the amount of $267,586.97 to be paid 01/23/06; payroll in the amounts of $653,528.00 and $365.00; and electronic funds transfers in the amounts of $48,094.75 for FICA and $49,995.60 for KPERS to be paid 01/20/06. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 01-23-06</STRONG><BR>Jones made a motion to authorize the Chair to speak on behalf of the County Commission at the City Commission Meeting discussion on Packerware's Tax Abatement request. McElhaney seconded and the motion carried unanimously.</P> <P>Johnson made a motion that the Board recess to tour the jail and storage facility. Motion was seconded by Jones and carried unanimously. </P> <P>McElhaney excused himself at 10:20 A.M.</P> <P>Johnson made a motion to adjourn; Jones seconded and the motion carried.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P><BR>_____________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P>

<P>Johnson called the meeting to order at 6:35 P.M. on Wednesday, January 25, 2006 with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 01-25-06</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <UL> <LI>Pull the item "Consider approval of Resolution No. 06-01 supporting the construction of a Kansas Turnpike Interchange at Leavenworth County Road 1 and Douglas County Road 1061 as a connecting link roadway from the Kansas Turnpike to U.S. Highway 24/40 north and Kansas Turnpike to K-10 Highway south through Eudora " for discus sion.</LI></UL> <P>Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>MISCELLANEOUS &amp; RESOLUTIONS 01-25-06</STRONG><BR>The Board discussed Resolution No. 06-01 supporting the construction of a Kansas Turnpike Interchange at Leavenworth County Road 1 and Douglas County Road 1061 as a connecting link roadway from the Kansas Turnpike to U.S. Highway 24/40 north and Kansas Turnpike to K-10 Highway south through Eudora. Jones and McElhaney suggested changes to the language. McElhaney made a motion to approve Resolution No. 06-01 as amended; Jones seconded and the motion carried unanimously.</P> <P><STRONG>PARKS -- BLACK JACK 01-25-06<BR></STRONG>The Board discussed efforts to clean up the illegal dump at the Black Jack Battlefield Site. Keith Browning, Director of Public Works/County Engineer, explained that a not-for-profit organization called the Black Jack Battlefield Trust (the "Trust") has purchased the property that contains the site of the Battle of Black Jack. The property is in the SE 1/4 of the NE 1/4, Section 12, T 15 S, R 20 E, and is on the west side of E 2000 Road from approximately 150 N to 175 N. The Trust intends to preserve the site and seeks National Landmark status for the property.</P> <P>The property contains a large amount of trash illegally dumped over many years. Through the Kansas Department of Health and Environment's (KDHE's) Illegal Dump Clean-Up Program (the "Program"), the Trust wishes to clean up the site and remove all illegally dumped trash. The Program allows KDHE to pay for 75% of the costs to clean up illegal dumps with the requesting agency responsible for the remaining 25% of the costs. The Program requires an agreement between KDHE and a local government agency. A private organization cannot enter into an agreement with KDHE under the terms of the Program.</P> <P>The Trust seeks Douglas County's assistance to clean up the site. KDHE's maximum contribution per site is $10,000; however, they would consider this property to contain five sites. Therefore, KDHE indicates they could contribute 75% of the clean-up costs up to a maximum of $50,000. Browning provided two estimates representing the low end ($43,240) and high end ($90,520) anticipated costs to clean up the site. These estimates reflect the costs to contract for the clean up services.</P> <P>The Trust desires Douglas County's assistance in the clean up effort. Browning stated his preference would be to contract the work out.</P> <P>Raymon Powers, President of the Black Jack Trust, encouraged the Board's engagement in this endeavor.</P> <P>Carol von Tersch, representing the Black Jack Trust, stated the Trust was aware of the dump site on the land when it was purchased. However, they did not know the extent of it. The Trust believed it was important to secure this historic site and inherited the trash of the entire area which has been used by individuals, businesses and churches. The Trust is ready to make a commitment to clean up the site and is asking for the Board's commitment. von Tersch also stated the Trust was committed to proceed with cleaning up the site even if there isn't enough money committed. </P> <P>Johnson asked for public comment.</P> <P>Kerry Altenbernd stated that he believed this should be done and should be a community effort. There is a tremendous amount of trash that has been left over a number of years. This will be a nationally known park and it is important to put on the best face as possible.</P> <P>Browning noted he has a meeting scheduled with a representative from Hamm's on Friday and they may be interested in participating in the clean up efforts.</P> <P>McElhaney stated that he would support these efforts. However, he noted that sometimes worthwhile projects start out with a certain budget that increases as the project progresses. McElhaney asked the Trust to do their best in holding the budget.</P> <P>Jones agreed.</P> <P>Johnson indicated he was also in support. He noted that this might be a good opportunity to ask the City of Lawrence to participate. Johnson made a motion that the County agree to fund $20,000; ask the City of Lawrence to consider committing funds; and authorize Browning to authorize the application of funds. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>AGREEMENTS &amp; PLANNING 01-25-06</STRONG><BR>The Board discussed the process for the Planning Director search. Craig Weinaug, County Administrator, stated that The City of Lawrence issued a Request for Proposals for Professional Services to perform executive search services for the position of the Lawrence-Douglas County Planning Director. Five responses were received and reviewed by Mike Wildgen, City Manager; Frank Reeb, Administrative Services Director/City Clerk; and Weinaug with Slavin Management Consultants being the overall first choice. The cost of services is $13,640 plus expenses, which are estimated to be $14,000. Weinaug noted that while Douglas County funds 1/6 of the Planning Department, he believed it would be a good idea for Douglas County to fund 1/2 of the costs of the selection process. He pointed out that while the decision will ultimately come from the City Manager, one of the requirements is that the County Commission is comfortable with the decision. It will be the firm's responsibility to interview both boards and the Planning Commission to fully understand the issues before getting into who the candidates are. It was the consensus of the Board to support the concept of paying one-half (1/2) of the costs associated with the selection process. No action was taken.</P> <P><STRONG>PLANNING 01-25-06</STRONG><BR>The Board discussed the revised draft of the Subdivision Regulations dated January 13, 2006. After review, Jones made a motion to initiate amendments to the Subdivision Regulations for Public Hearing by the Planning Commission. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PLANNING 01-25-06</STRONG><BR>The Board discussed the Draft Text Amendments to Chapters 4 &amp; 5 of Horizon 2020 dated November 30, 2005. After review, McElhaney made a motion to initiate amendments to Chapters 4 &amp; 5 of Horizon 2020 for Public Hearing by the Planning Commission. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PLANNING &amp; ZONING 01-25-06<BR></STRONG>The Board discussed a text amendment to Article 7, Section 7-5.01 of the Douglas County Zoning Regulations. After discussion, Jones made a motion to initiate a Text Amendment to Article 7, Section 7-5.01, to refer to a Resolution adopting standards for "County Adopted Road Classification and Entrance Spacing Requirements. Motion was seconded by McElhaney and carried unanimously.</P> <P>&#160;<STRONG>PLANNING &amp; ZONING 01-25-06</STRONG><BR>The Board discussed a text amendment to Article 6, Section 6-2.8 of the Douglas County Zoning Regulations. After discussion, Johnson made a motion to initiate a Text Amendment to Article 6, Section 6-2.8, to revise the Single-Family Dwelling Use to conform with the proposed revisions to the Subdivision Regulations. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PLANNING &amp; ZONING 01-25-06<BR></STRONG>The Board discussed a text amendment to Article 18 of the Douglas County Regulations. After discussion, Jones made a motion to initiate a Text Amendment to Article 18 to revise density and dimensional requirements for "A" and "A- 1" Districts based on Road Classification System and County's Entrance and Intersection Spacing Requirements. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>APPOINTMENTS 01-25-06</STRONG><BR>Jones made a motion to reappoint Donna Bell, Lawrence, Kansas to the Lawrence-Douglas County Health Board as the joint City/County appointee for a three (3) year term to expire March 31, 2009. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>APPOINTMENTS 01-25-06</STRONG><BR>McElhaney made a motion to appoint John Hope to the Jayhawk Area Agency on Aging Board of Directors which term shall expire on September 30, 2008. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>APPOINTMENTS 01-25-06</STRONG><BR>Jones made a motion to appoint Judy Bellome, Lawrence, Kansas, to the Jayhawk Area Agency on Aging Tri-County Advisory Council. Motion was seconded by McElhaney and carried unanimously. It should be noted that Bellome replaces John Hope who was appointed to the Jayhawk Area Agency on Aging Board of Directors. Bellome's term will expire on September 30, 2006.</P> <P><STRONG>APPOINTMENTS 01-25-06</STRONG><BR>Jones made a motion to appoint Kim Lowry, Lawrence, Kansas, to the Jayhawk Area Agency on Aging Tri-County Advisory Council which term shall expire on September 30, 2008. Motion was seconded by McElhaney and carried unanimously.</P> <P>&#160;Johnson made a motion to adjourn; Jones seconded and the motion carried.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp; Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member<BR></P>

<P>Johnson called the meeting to order at 8:3 A.M. on Monday, January 30, 2006 with two members present. McElhaney was absent. </P> <P><STRONG>CONSENT AGENDA 01-30-06</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Annual Noxious Weed Eradication Progress Report for 2005; and</LI> <LI>Note receipt of reporting of State Forfeitures per K.S.A. 60-4117(d)(2).</LI></UL> <P>Motion was seconded by Johnson and carried.</P> <P><STRONG>PARKS -- LONE STAR 01-30-06</STRONG><BR>The Board considered a request received from KLM Marketing Solutions for permission to use Lone Star Lake and Marina for the 2nd Annual Midwest Mayhem Triathlon. Bill Marshall, KLM Marketing, was present for the discussion. This request includes authorization to close the Marina from noon on Saturday, July 22nd until 1:00 P.M. on Sunday, July 23rd. The request also includes assistance from the Sheriff's Department at KLM's expense. After discussion, Jones made a motion to approve the request; Johnson seconded and the motion carried.</P> <P><STRONG>ACCOUNTS PAYABLE 01-30-06<BR></STRONG>Jones moved approval of accounts payable in the amount of $58,655.44 to be paid 01/30/05; accounts payable manual checks in the amount of $18,715.10; and electronic funds transfer in the amount of $225.85 for KPERS to be paid 01/30/06. Motion was seconded by Johnson and carried.</P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member</P> <P>ATTEST:</P> <P>_____________________________<BR>Jamie Shew, County Clerk&nbsp;<BR></P>

<P>Johnson called the meeting to order at 6:35 P.M. on Wednesday, February 8, 2006 with two members present. McElhaney was absent. </P> <P>Johnson made a motion to approve the minutes of January 11, January 18, and January 23, 2006. Motion was seconded by Jones and carried.</P> <P><STRONG>CONSENT AGENDA 02-08-06</STRONG><BR>Johnson moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 06-110 and 06-111. Orders are on file in the office of the County Clerk;</LI> <LI>Approve Memorandum of Understanding with Baldwin City for replacement of a bridge on High Street; and</LI> <LI>Pull the item "Consider approval of request to participate in the DHS Emergency Management Performance Grant Program" for discussion.</LI></UL> <P>Motion was seconded by Jones and carried.</P> <P><STRONG>EMERGENCY MANAGEMENT &amp; GRANTS 02-08-06</STRONG><BR>Paula Phillips, Director of Emergency Management, explained that she is requesting authorization to apply for funding from the Department of Homeland Security through the Emergency Management Performance Grant Program managed by Kansas Emergency Management. This program provides annual funds to assist the County in the enhancement of local emergency management programs and is dependent upon both the Federal and State budgetary processes.</P> <P>Since the program's inception in 1985, Douglas County has participated in the grant program. Douglas County Emergency Management has received $352,000 in grant funds since 1990. The FFY2006 award amount will be determined by the number of counties participating, the amount of the federal award to the State and a formula based on a risk assessment of participating counties.</P> <P>These funds have been used to offset the tax burden of the Emergency Management program on the County general fund dollars Emergency Management Program Grant funds provide funding for staff, office and operational equipment, training and exercise materials, computers, public education literature and Emergency Operations Center functions. </P> <P>Mike Russell, Chair of the Emergency Management Board, stated he has been involved since 1992 and feels this is a valuable grant program. Russell noted that participation is supported by the Board and asked that they be allowed to continue to pursue the grant.</P> <P>After discussion, Jones made a motion to authorize participation in the State and Local Assistance Emergency Management Funding Program. Motion was seconded by Johnson and carried.</P> <P><STRONG>CONTRACTS &amp; SHERIFF 02-08-06</STRONG><BR>The Board discussed renewal of a contract with the Visiting Nurses Association (VNA) to provide nursing services at the Douglas County Jail. Ken McGovern, Sheriff, and Judy Bellome, Director of the Visiting Nurses Association, were present for the discussion. Bellome noted that the inmate population has grown 46 inmates per day over when the jail first opened. This has caused the need for Certified Medication Aides (CMA's) to be employed to assisted the nurses. </P> <P>Janet Cairns, one of the managers that oversees jail, stated they had the CMA program in place for a few months at VNA's cost on a trial basis in order to determine whether this would be a viable option for the jail. She noted the program has worked very well.</P> <P>After discussion, Jones made a motion to approve the contract with the Visiting Nurses Association in the amount of $265,647.36 for one year effective February 1, 2006 and terminating on February 1, 2007, with the option to renew for up to four (4) additional one (1) year terms. Motion was seconded by Johnson and carried.</P> <P><STRONG>PUBLIC WORKS &amp; RESOLUTIONS 02-08-06</STRONG><BR>Keith Browning, Director of Public Works/County Engineer, presented proposed resolutions establishing speed limits for roads within the Hesper Charter Road Improvement District. After discussion, Johnson made a motion to approve the following Resolutions:</P> <UL> <LI>Resolution No. 06-02 establishing a 35 miles per hour maximum speed limit on a portion of E 2300 Road between N 1075 and N 1100;</LI> <LI>Resolution No. 06-03 establishing a 45 miles per hour maximum speed limit on a portion of E 2300 Road between N 1100 and N 1150;</LI> <LI>Resolution No. 06-04 establishing a 45 miles per hour maximum speed limit on a portion of N 1100 Road between County Route 1061 (E 2200) and E 2300 Road; and</LI> <LI>Resolution 06-05 establishing a 35 miles per hour maximum speed limit on a portion of N 1100 Road between E 2300 and E 2368.</LI></UL> <P>Motion was seconded by Jones and carried.</P> <P><STRONG>PUBLIC WORKS &amp; RESOLUTIONS 02-08-06</STRONG><BR>Keith Browning, Director of Public Works/County Engineer, presented a resolution establishing temporary speed limits on portions of # 1500 Road, E 1600 Road, N 800 Road and N 900 Road in conjunction with the closure of Route 1055 for Project No. 23 C-3890-01. Johnson made a motion to approve Resolution No. 06-06 establishing temporary speed limits on portions of E 1500 Road, E 1600 Road, N 800 Road and N 900 Road in Wakarusa and Palmyra Townships for the duration of construction on Douglas County Route 1055 (Project No. 23C-3890-01). Motion was seconded by Jones and carried.</P> <P><STRONG>PUBLIC WORKS &amp; RESOLUTIONS 02-08-06</STRONG><BR>Keith Browning, Director of Public Works/County Engineer, presented a resolution establishing temporary weight limits for commercial vehicles on portions of E 1500 Road, E 1600 Road, N 800 Road and N 900 Road in conjunction with the closure of Route 1055 for Project No. 23 C-3890-01. Johnson made a motion to approve Resolution No. 06-07 establishing temporary five (5) ton weight limit for commercial vehicles on portions of E 1500 Road, E 1600 Road, N 800 Road, and N 900 Road in Wakarusa and Palmyra Townships for the duration of construction on Douglas County Route 1055 (Project No. 23C-3890-01). Motion was seconded by Jones and carried.</P> <P><STRONG>ACCOUNTS PAYABLE 02-08-06<BR></STRONG>Jones moved approval of accounts payable in the amounts of $16,163.16 to be paid 01/30/06 and $948,278.49 to be paid 02/06/06; accounts payable manual checks in the amounts of $1,106,565.00, $1,730.70 and $129.56; payroll in the amount of $656,748.33; and electronic funds transfers in the amounts of $48,313.84 for FICA and $50,906.89 for KPERS to be paid 02/03/06. Motion was seconded by Johnson and carried.</P> <P><STRONG>APPOINTMENTS 02-08-06</STRONG><BR>Johnson made a motion to approve the following individuals to the Douglas County Senior Services, Inc. Board of Directors: David Mattern, Lawrence, KS, term to expire 12/31/06; Cheryl Holcomb, Lawrence, KS, term to expire 12/31/06; Lois Clark, Lawrence, KS, term to expire 12/31/06; Tina Roberts, Baldwin City, KS, term to expire 12/31/07; Craig Brown, Baldwin City, KS, term to expire 12/31/07; Lori Heasty, Lawrence, KS, term to expire 12/31/06; Eldon Herd, Lawrence, KS, term to expire 12/31/07; Pattie Johnson, Lawrence, KS, term to expire 12/31/06; Fred Madaus, Lawrence, KS, term to expire 12/31/06; Diane Massey, Eudora, KS, term to expire 12/31/07; George Norton, Lawrence, KS, term to expire 12/31/07; Jim Ralston, Lawrence; KS, term to expire 12/31/06; Ralph Ruhlen, Baldwin City, KS, term to expire 12/31/06; and Eric Walther, Lawrence, KS, term to expire 12/31/06. Motion was seconded by Jones and carried.</P> <P>Johnson made a motion to adjourn; Jones seconded and the motion carried.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp; &nbsp;&nbsp;&nbsp; Charles Jones, Member</P> <P>ATTEST:</P> <P>_____________________________<BR>Jamie Shew, County Clerk&nbsp;</P>

<P>Jones called the meeting to order at 8:30 A.M. on Monday, February 13, 2006, with all members present. The Pledge of Allegiance was recited.</P> <P>Jones moved approval of the minutes of January 25 and January 30, 2006. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>CONSENT AGENDA 02-13-06</STRONG><BR>Johnson moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 06-112 and 06-113. Orders are on file in the Office of the County Clerk;</LI> <LI>Approve Annual Noxious Weed Management Plan; and</LI> <LI>Approve the low bid from Lone Pine AG-Services, Inc. and from Van Diest Supply Company for noxious weed herbicides as follows:<BR></LI></UL> <P> <TABLE cellSpacing=0 cellPadding=8 width=504 border=1> <TBODY> <TR> <TD width="45%" height=26><FONT face=Arial> <P>Herbicide</FONT></P></TD> <TD width="18%" height=26><FONT face=Arial> <P>Quantity</FONT></P></TD> <TD width="17%" height=26><FONT face=Arial> <P>Unit Cost</FONT></P></TD> <TD width="20%" height=26><FONT face=Arial> <P align=right>Total Cost</FONT></P></TD></TR> <TR> <TD width="45%" height=26><FONT face=Arial> <P>Glyphosate</FONT></P></TD> <TD width="18%" height=26><FONT face=Arial> <P>600 gal</FONT></P></TD> <TD width="17%" height=26><FONT face=Arial> <P>$10.52</FONT></P></TD> <TD width="20%" height=26><FONT face=Arial> <P align=right>$6,312.00</FONT></P></TD></TR> <TR> <TD width="45%" height=26><FONT face=Arial> <P>Remedy</FONT></P></TD> <TD width="18%" height=26><FONT face=Arial> <P>100 gal.</FONT></P></TD> <TD width="17%" height=26><FONT face=Arial> <P>$78.67</FONT></P></TD> <TD width="20%" height=26><FONT face=Arial> <P align=right>$7,867.00</FONT></P></TD></TR> <TR> <TD width="45%" height=26><FONT face=Arial> <P>PastureGard</FONT></P></TD> <TD width="18%" height=26><FONT face=Arial> <P>150 gal.</FONT></P></TD> <TD width="17%" height=26><FONT face=Arial> <P>$41.83</FONT></P></TD> <TD width="20%" height=26><FONT face=Arial> <P align=right>$6,274.50</FONT></P></TD></TR> <TR> <TD width="45%" height=26><FONT face=Arial> <P>2,4-D (Amine)</FONT></P></TD> <TD width="18%" height=26><FONT face=Arial> <P>1,500 gal.</FONT></P></TD> <TD width="17%" height=26><FONT face=Arial> <P>$9.30</FONT></P></TD> <TD width="20%" height=26><FONT face=Arial> <P align=right>$13,950.00</FONT></P></TD></TR> <TR> <TD width="45%" height=26><FONT face=Arial> <P>2,4-D (LV)</FONT></P></TD> <TD width="18%" height=26><FONT face=Arial> <P>300 gal.</FONT></P></TD> <TD width="17%" height=26><FONT face=Arial> <P>$11.01</FONT></P></TD> <TD width="20%" height=26><FONT face=Arial> <P align=right>$3,303.00</FONT></P></TD></TR> <TR> <TD width="45%" height=26><FONT face=Arial> <P>Tordon 22K</FONT></P></TD> <TD width="18%" height=26><FONT face=Arial> <P>700 gal.</FONT></P></TD> <TD width="17%" height=26><FONT face=Arial> <P>$80.48</FONT></P></TD> <TD width="20%" height=26><FONT face=Arial> <P align=right>$56,336.00</FONT></P></TD></TR> <TR> <TD width="45%" height=26><B><FONT face=Arial> <P>Lone Pine AG Services, Inc</B>.</FONT></P></TD> <TD width="18%" height=26> <P></P></TD> <TD width="17%" height=26><FONT face=Arial> <P>Total</FONT></P></TD> <TD width="20%" height=26><FONT face=Arial> <P align=right>$94,042.50</FONT></P></TD></TR> <TR> <TD width="45%" height=26> <P></P></TD> <TD width="18%" height=26> <P></P></TD> <TD width="17%" height=26> <P></P></TD> <TD width="20%" height=26> <P></P></TD></TR> <TR> <TD width="45%" height=26><FONT face=Arial> <P>Excort XP</FONT></P></TD> <TD width="18%" height=26><FONT face=Arial> <P>128 oz.</FONT></P></TD> <TD width="17%" height=26><FONT face=Arial> <P>$15.17</FONT></P></TD> <TD width="20%" height=26><FONT face=Arial> <P align=right>$1,941.76</FONT></P></TD></TR> <TR> <TD width="45%" height=26><FONT face=Arial> <P>Van Diest Supply Company</FONT></P></TD> <TD width="18%" height=26> <P></P></TD> <TD width="17%" height=26><FONT face=Arial> <P>Total</FONT></P></TD> <TD width="20%" height=26><FONT face=Arial> <P align=right>$1,941.76</FONT></P></TD></TR></TBODY></TABLE></P><FONT face=Arial></FONT> <P>Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>AGREEMENTS &amp; PUBLIC WORKS 02-13-06</STRONG><BR>The Board considered approval of Construction Engineering Force Account Agreement with the Kansas Department of Transportation (KDOT) for Route 1055 Bridge Replacement and Road Improvements -- Project No. 23 C-3890-01. Keith Browning, Director of Public Works/County Engineer, explained that in December 2005, the Board approved submitting a proposal to KDOT for the Department of Public Works to perform construction engineering services for the replacement of the Route 1055 bridge approximately 3/4 mile south of Route 458 (near Cedar Hill Gun Club) and associated roadway improvements. The proposal approved by the Board and submitted to KDOT had a not-to-exceed cost of $91,093.85. KDOT felt the not-to-exceed cost was too high, and asked the Department of Public Works to re-submit a proposal with a lower cost. After reconsideration by the Department of Public Works, a second proposal was submitted with a not-to-exceed cost of $78,498.75. </P> <P>Under the contract, the Department of Public Works will perform construction inspection for the project, and Douglas County will be reimbursed for 80% of all inspection costs. The remaining 20% will be paid from Public Works' budget as regular salaries. Under the contract, the upper limit of compensation is $78,498.75 of which 80% would be reimbursed. It is anticipated that the total inspection costs will be very close to that upper limit. If circumstances beyond our control (e.g., unforseen delays) increase inspection costs, a supplement agreement with KDOT will be needed.</P> <P>McElhaney made a motion to approve the Force Account Agreement with KDOT for Public Works department personnel to perform construction inspection services for Project No. 23 C-3890-01, Route 1055 improvements. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>OUT-DISTRICT COLLEGE TUITION STATEMENTS 02-13-06<BR></STRONG>Johnson made a motion to approve the six (6) Out-District College Tuition Statements in the amount of $12,480. Motion was seconded by Jones and carried with McElhaney opposed.</P> <P><STRONG>MISCELLANEOUS 02-13-06<BR></STRONG>The Board conducted a preliminary discussion of growth issues south of the Wakarusa. Jones noted that the Board has held joint discussions with the City of Lawrence and the Lawrence School Board regarding these issues including the location of the wastewater treatment plant. One point of discussion was the fact that the location of the wastewater treatment could cause more growth for the school district. The Boards last met on February 8, 2006, with no conclusion. It was agreed that each of the three (3) bodies would conduct discussions amongst themselves and attempt to come to a consensus before the next meeting which is to be held on March 8, 2006. Jones requested that staff provide information regarding watersheds, rough estimates of constructing an arterial road from Highway 59 to Noria Road and flyovers over the western leg of the SLT at Wakarusa and Kasold. Jones then stated that an evening meeting should be scheduled to meet with a representative of Black &amp; Veatch to look at the maps and rough estimates in order for the Commission to come up with a joint vision and recommendation. No action was taken.</P> <P><STRONG>ACCOUNTS PAYABLE 02-13-06</STRONG><BR>Jones moved approval of accounts payable in the amount of $872,936.57 to be paid 02/13/06. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 02-13-06</STRONG><BR>At 9:30 A.M., Johnson made a motion that the Board recess to go into executive until 10:15 A.M. with Craig Weinaug, County Administrator; Pam Madl, Assistant County Administrator; and Evan Ice, County Counselor. Motion was seconded by Jones and carried unanimously. The Board returned to regular session at 10:08 A.M. No action was taken.</P> <P>Johnson made a motion to adjourn; Jones seconded and the motion carried.</P> <P></P> <P>_____________________________ _____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P><BR>_____________________________ _____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member</P>

<P>Johnson called the meeting to order at 8:30 A.M. on Monday, February 20, 2006 with all members present. The Pledge of Allegiance was recited.</P> <P>Major General Tod M. Bunting, Adjutant General of the State of Kansas, conducted a brief presentation of awards to the Hurricane Katrine Relief Workers.</P> <P><STRONG>CONSENT AGENDA 02-20-06</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 06-114, 06-115, 06-116, 06-117 and 06-118. Orders are on file in the office of the County Clerk.</LI></UL> <P>Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>PUBLIC WORKS 02-20-06<BR></STRONG>The Board discussed alternative aggregates for the 2006 chip seal program. Keith Browning, Director of Public Works/County Engineer, noted that the contract for chip sealing county routes has been renewed with Vance Bros, Inc. In accordance with the contract terms, Vance submitted proposed unit prices for 2006 along with documentation of any proposed unit price increases. The base bid calls for utilizing CM-L aggregate, which is expanded shale aggregate and is the darker colored chip we have used for the last several years. The add-alternate bid calls for utilizing CM-K aggregate, which is the lighter colored crushed limestone chip. It is necessary to let Vance Bros, Inc. know which aggregate Douglas County wishes to utilize for the 2006 chip seal program. Browning stated that while the cost of utilizing CM-L aggregate has significantly increased, it is still recommended over the CM-K aggregate. After discussion, McElhaney made a motion that the Board concurs that CM-L expanded shale aggregate should be utilized for the 2006 chip seal program. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PUBLIC WORKS &amp; PURCHASING 02-20-06</STRONG><BR>The Board discussed bids received for crushed rock for road maintenance. Keith Browning, Director of Public Works/County Engineer, stated that sealed bids were opened and two bids were submitted for AB-3 aggregate and one bid was submitted for SS-3 aggregate. After discussion, Jones made a motion to accept the bid from Hunt Martin for the supply of AB-3 @ $5.00 per ton, and accept the bid from Hamm Quarries, Inc. for the supply of AB-3 @ $5.75 per ton and SS-3 @ $6.50 per ton. Motion was seconded by Johnson and carried unanimously.</P> <P>&#160;<STRONG>FAIRGROUNDS &amp; RESOLUTIONS 02-20-06</STRONG><BR>Harold Stewart, Douglas County Administrator Intern, presented a proposed plan that would attain the goal set out by the Board to collect 50% of the operating costs for the Fairgrounds as directed by the Board at their meeting held on December 12, 2005. Trudy Rice, Douglas County Extension Director, and Bill Bell, Director of Buildings and Grounds, were also present for the discussion. </P> <P>It was the consensus of the Board to table action until Wednesday, March 8, 2006, in order to allow time for additional public input. No action was taken.</P> <P><STRONG>ACCOUNTS PAYABLE 02-20-06</STRONG><BR>Jones moved approval of accounts payable in the amount of $1,962,416.92 to be paid 01/23/06; accounts payable manual checks in the amount of $20.00; payroll in the amount of $647,517.20; and electronic funds transfers in the amounts of $47,577.25 for FICA and $49,724.58 for KPERS to be paid 02/17/06. Motion was seconded by McElhaney and carried unanimously</P> <P><STRONG>BUDGET 02-20-06</STRONG><BR>The Board discussed the 2006 Budget document acknowledging a job well done by Debbie Sparkes, and directed the County Administrator to draft a note of thanks. </P> <P><STRONG>MISCELLANEOUS 02-20-06</STRONG><BR>At 9:10 A.M., Johnson made a motion that the Board recess to go into executive session until 10:00 A.M. with Craig Weinaug, County Administrator; Pam Madl, Assistant County Administrator; Ken McGovern, Sheriff; Kenny Massey, Undersheriff; Steve Brown, Lieutenant; Kay Kent, Executive Director of the Lawrence-Douglas County Health Department; and Kim Ens, Disease Control Program Coordinator of the Lawrence-Douglas County Health Department, to discuss security issues. Motion was seconded by Jones and carried unanimously. The Board returned to regular session at 9:53 A.M. No action was taken.</P> <P>Johnson made a motion to adjourn; Jones seconded and the motion carried.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp; Jere McElhaney, Member</P> <P>ATTEST:</P> <P><BR>_____________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member</P>

<P>Johnson called the meeting to order at 8:35 A.M. on Monday, February 27, 2006 with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 02-27-06</STRONG><BR>There were no consent items.</P> <P><STRONG>MISCELLANEOUS 02-27-06<BR></STRONG>The Board considered a request from the Partners for Lawrence Athletics &amp; Youth (PLAY) to agree to fund 10% of a Needs Assessment/Feasibility Study. Bob Sanner, Director, Conventions &amp; Sports Markets of the Lawrence Chamber of Commerce Convention &amp; Visitor's Bureau, was present for the discussion. Sanner noted that USD 497 and the City of Lawrence have each agreed to fund 40% of the study, the Chamber of Commerce has committed up to $5,000 and the Lawrence Sports Corporation has committed up to $1,000. </P> <P>Jones stated he is supportive of the request but would like to see a list of the advisory committee to be sure it's balanced.</P> <P>Sanner noted they committee had not yet been finalized but he would make sure the Commission would have opportunity for input.</P> <P>McElhaney stated he was also in support but would be in favor of a smaller committee. Sometimes when there is too much input, the cost of the project increases considerably.</P> <P>Johnson stated he was also in favor but would prefer to see the Commission approve 10% but not to exceed a certain amount, possibly $6,500 or $7,000. He noted he wanted it to be very clear that his vote for the study is not his vote for the funding mechanism that supports whatever comes out of the feasibility study. When it comes back, it will have to be prioritized with other items the Board has to deal with.</P> <P>McElhaney made a motion that the Board agree to participate in the needs assessment/feasibility study to the extent of 10%, not to exceed $7,000. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 02-27-06</STRONG><BR>Harold Stewart, Douglas County Administrator Intern, appeared before the Board to discuss the proposal to establish a sister county relationship with a county in China. The Board originally discussed this proposal on October 31, 2005, with Cal Downs. At that time, the Board directed staff to set up a work session to discuss this issue. Stewart noted that he had assembled a panel to aid the Board in considering whether or not to pursue this relationship. The panel members were: &nbsp;Lavern Squier -- CEO of the Lawrence Chamber of Commerce; Judy Billings, Director of the Lawrence Chamber of Commerce; Cal Downs, Retired KU Professor, Business Consultant in China; Graham Kreicker, Member of the Lawrence Sister Cities Advisory Board; Bill Tsutsui, Center of East Asian Studies at KU, Confucius Center; Nancy Hope, Center of East Asian Studies at KU; Sheree Willis, Center of East Asian Studies at KU; Trudy Rice, Kansas Extension Office; and John Watson, Trade Development Division Director, Kansas Department of Commerce. Stewart noted the pros and cons that needed to be considered.</P> <P>Jones stated he was not sure how successful something like this could be and asked if there was anyone who had "fire in the belly" to see this would happen.</P> <P>Tsutsui stated that Professor Downs, who was unable to make the meeting today, would be the best person to see this through.</P> <P>Kreicker agreed with Jones about the lack of deep commitment noting there were six (6) in attendance today who were in support, but none of whom were willing to take on primary responsibility for the project.</P> <P>After discussion, it was the consensus of the Board to table action until the Board is approached with an active proposal to consider.</P> <P><STRONG>COURTHOUSE &amp; GRANTS 02-27-06</STRONG><BR>The Board considered approval of submitting an application to Heritage Trust Fund for chimney and balcony reconstruction for the Courthouse. Don McMican, President of DGM Consultants, and Jackie Waggoner, Purchasing Director, were present for the discussion. The grant is based on 80% of the total project cost up to a maximum of $90,000. This would obligate the County to match the remaining 20% or $22,500. After discussion, Jones made a motion to approve the Heritage Trust Fund Grant Application. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PLANNING 02-27-06<BR></STRONG>The Board discussed CPA-2005-3: An amendment to Horizon 2020 to update the Historic Resources Element (Chapter 11). This amendment was initiated by the Planning Commission at its April 27, 2005 regular meeting at the recommendation of the Comprehensive Plans Committee (CPC). The CPC reviewed this chapter as part of the annual update process to Horizon 2020, the comprehensive land use plan for the City of Lawrence and unincorporated Douglas County. Lynne Braddock Zollner, staff member of the Lawrence-Douglas County Metropolitan Planning Department, was present for the discussion. This item comes to the Board with a recommendation for approval, subject to the condition that staff shall develop and add a policy under Goal 4 identifying the Black Jack Battlefield as an area of historic significance and outlining steps to bring the area to national attention as an important part of Civil War tourism.</P> <P>Johnson stated he felt like he was being asked to approve the Plan without any details. He noted that he would prefer to table consideration until the subdivision regulation issues have been resolved.</P> <P>Jones agreed noting that one of the things that was left open in the proposed new subdivision regulations was to ask the Planning Commission to recommend some sort of mechanism that would offer incentives with respect to the preservation of historic, natural and other resources. </P> <P>No action was taken.</P> <P><STRONG>ACCOUNTS PAYABLE 02-27-06<BR></STRONG>Jones moved approval of accounts payable in the amount of $125,698.75 to be paid 02/27/06; and accounts payable manual checks in the amount of $467,000.00. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>RESOLUTIONS 02-27-06<BR></STRONG>The Board considered approval of a resolution providing for the imposition of restrictions on certain outdoor burning practices in the unincorporated area of Douglas County. After discussion, Jones made a motion to approve Resolution No. 06-08 providing for the imposition of restrictions on certain outdoor burning practices in the unincorporated area of Douglas County. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 02-27-06</STRONG><BR>At 10:10 A.M., Johnson made a motion that the Board recess to go into executive session for 15 minutes to discuss personnel. Motion was seconded by Jones and carried unanimously. The Board returned to regular session at 10:23 A.M. No action was taken.</P> <P>Johnson made a motion to adjourn; Jones seconded and the motion carried.</P> <P><BR>_____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;&nbsp; Jere McElhaney, Member</P> <P>ATTEST:</P> <P><BR>_____________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;&nbsp;Charles Jones, Member</P>

<P>Johnson called the meeting to order at 8:36 A.M. on Monday, March 6, 2006 with two members present. McElhaney was absent. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 03-06-06</STRONG><BR>Jones made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 06-119, 06-120, 06-121, and 06-122. Orders are on file in the office of the County Clerk;</LI> <LI>Pull the item "Consider approval of 2005 Township Annual Reports" for discussion;</LI> <LI>Authorize the purchase of a digital recording system from Siemens Building Technology in the amount of $89,465.00 to replace the current system at the Douglas County Jail; and</LI> <LI>Approve the award of bids for various signs, posts, and miscellaneous materials for county and township use as follows:</LI></UL> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>National Sign Co. -- $11,909.88<BR>MD Solutions -- $412.50<BR>Vulcan Signs -- $13,205.80<BR>J&amp;A Traffic -- $645.00<BR>Bid Total -- $26,173.18</P></BLOCKQUOTE></BLOCKQUOTE> <P>Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>TOWNSHIPS 03-06-06<BR></STRONG>Jones stated he would prefer to accept the 2005 Township Annual Reports rather than approve them. Craig Weinaug, County Administrator, noted that approval may be required per Kansas Statute, but he would check. Jones then made a motion to accept the 2005 Annual Township Reports. Motion was seconded by Johnson and carried.</P> <P>McElhaney joined the meeting at 8:38 A.M.</P> <P><STRONG>RESOLUTIONS &amp; EMERGENCY MANAGEMENT 03-06-06</STRONG><BR>Jones made a motion to affirm the action taken by the Chair on March 4, 2006 to lift the burn ban. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>PLANNING 03-06-06</STRONG><BR>The Board considered Item 1 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated February 16, 2006. This item is PF-12-44-05: Final Plat for Mears Addition. This proposed five-lot single-family residential subdivision contains approximately 18.5 acres. The property is generally described as being located at the northwest corner of E 1600 Road and N 1000 Road. Submitted by Landplan Engineering for David E Mears, property owner of record. Lisa Pool, staff member of the Lawrence-Douglas County Metropolitan Planning Department, was present for the discussion. This item comes to the Board with a recommendation for approval based on the following Findings of Fact:</P> <P><STRONG>Zoning and land uses of surrounding properties.</STRONG> The applicant is proposing to rezone 18.5 acres from the A (Agricultural) District to the A-1 (Suburban Residential) District. The land is currently undeveloped, and includes a tree line, which runs from the property's northeast corner to the southwest corner. The areas to the north, east, and west are zoned A (Agricultural) District, while the subdivision to the south is zoned A-1 (Suburban Residential) District. Within the vicinity of the subject parcel, the properties to the west of E 1600 Road comprise suburban residential development, while those to the west of E 1600 Road include mostly rural residential lots.</P> <P><STRONG>Character of the area.</STRONG> The area is characterized by a mix of agricultural uses with rural and suburban residential developments. While the area has a distinct rural character, several single-family residences surround the property in each direction. All parcels surrounding the subject property are zoned A (Agricultural) District, excluding those to the south, which are zoned A-1 (Suburban Residential) District. The subject property is located outside of the Lawrence City Limits, but is within the Urban Growth Area (UGA).</P> <P><STRONG>Suitability of subject property for the uses to which it has been restricted. </STRONG>All properties to the north, east, and west of the subject parcel are zoned A (Agricultural) District. The properties to the south are zoned A-1 (Suburban Residential) District. The area features a variety of agricultural uses and single-family residences located on large tracts of land. The property is adjacent to a platted subdivision, is within the Urban Growth Area, is outside the FEMA designated floodplain, and has access to hard-surfaced roads. A portion of E 1600 Road, stretching from N 1000 to N 1100 Road, was chip sealed during the week of June 6, 2005.</P> <P><STRONG>Length of time subject property has remained vacant as zoned.</STRONG> The property has been zoned A (Agricultural) District since the adoption of the 1966 Douglas County Zoning Regulations. The subject property is unimproved and d&#160;s not include agricultural uses.</P> <P><STRONG>Extent to which removal of restrictions will detrimentally affect nearby property.</STRONG> As the subject property is located within the Urban Growth Area and is adjacent to a platted subdivision and other large lot single-family homes, approval of a rezoning of this property from the A (Agricultural) District to the A-1 (Suburban Residential) District will not alter the past trend for rural residential development and should not detrimentally affect nearby properties.</P> <P>At the June Planning Commission meeting, the Commission had requested that the applicant provide site distance and stormwater information with the preliminary plat application. As the Intersection Site Distance (ISD) for the driveway between Lots 1 and 2 has no limitations and the ISD for the second driveway is limited to approximately 863 feet, which is 253 feet greater than the minimum required value of 610 feet, it has been concluded that the proposed location of the subject driveways provides adequate ISD. Regarding stormwater, the calculations resulted in a less than 1% increase in peak flows at both points. Thus, it was determined that the proposed development will have a relatively insignificant effect on stormwater flow within the project vicinity.</P> <P><STRONG>Relative gain to the public health, safety and welfare by the destruction of the value of the petitioner's property as compared to the hardship imposed upon the individual landowners.</STRONG> If the property retains its A (Agricultural) District designation, it would be able to function with any of the following permitted uses, among others: agriculture, hospital or clinic for large or small animals, commercial greenhouse, church, or school. Properties within the UGA may not be developed for residential purposes through the five-acre exemption, and must be rezoned to the A-1 (Suburban Residential) District in order to obtain a building permit for residential development.</P> <P><STRONG>Conformance with The Comprehensive Plan.</STRONG> The proposed request conforms to several <EM>Horizon 2020</EM> policies related to low-density residential uses. Specifically, each lot conforms to the minimum lot size recommendation of three acres within the UGA.</P> <P>AND subject to the following conditions:</P> <OL> <LI>Submittal of an executed Water Supply Agreement between the Lawrence-Douglas County Health Department and the property owner.</LI> <LI>Submittal of documentation reflecting an acceptable septic system site evaluation conducted by the Lawrence-Douglas County Health Department.</LI> <LI>Provision of the following fees and recording documentation:<BR>a. A current copy of a paid property tax receipt.<BR>b. Recording fees made payable to the Douglas County Register of Deeds.</LI> <LI>Revision of the plat to include the following:<BR>a. Replacement of plan note "County Road 458" with "County Route 458."<BR>b. The Book and Page number for the Water Supply Agreement.</LI></OL> <P>Jones made a motion to approve PF-12-44-05 subject to the above conditions. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>RESOLUTIONS, TAX MATTERS &amp; TREASURER 03-06-06<BR></STRONG>The Board considered approval of a resolution ordering the County Counselor to institute a judicial tax foreclosure action in the District Court of Douglas County, Kansas. Paula Gilchrist, Treasurer, was present for the discussion. Jones made a motion to approve Resolution No. 06-09 ordering the County Counselor to institute a judicial tax foreclosure action in the District Court of Douglas County, Kansas. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PURCHASING &amp; PUBLIC WORKS 03-06-06</STRONG><BR>The Board considered approval of the purchase of a milling machine attachment for the Public Works Department. Mike Perkins, Operations Division Manager, explained that this equipment will allow the department to accomplish milling and leveling repairs it is currently not equipped to do. Small full depth patches can be made more efficiently than the current method of saw cutting, breaking the pavement up with jack hammers and removing with loaders and backh&#160;s. The milling machine will address all asphalt repairs and provide base stabilization. </P> <P>The H-GAC Cooperative Purchasing Program (interlocal agreement with MARC) has established a contract directly with the manufacturer, Asphalt Zipper. They have provided a cost of $83,179. Funds are available in the Special Equipment Fund for this expenditure. McElhaney made a motion to authorize staff to access the H-GAC contract with Asphalt Zipper in the amount of $83,179 for the purchase of a milling machine attachment. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PURCHASING &amp; SHERIFF 03-06-06</STRONG><BR>The Board considered approval to purchase seven (7) 2006 patrol cars and one (1) 12-passenger van. Ken McGovern, Sheriff, was present for the discussion. Six (6) patrol cars and one (1) SUV will be disposed of which will be sold. Last year, the County participated in a regional cooperative bidding process (KCRPC) for the acquisition of 2006 vehicles. We can continue to purchase from the contracts until the manufacturer's production cutoff date. The awarded dealership is Shawnee Mission Ford. It should be noted that it will cost approximately $3,000 per patrol car and $1,200 for the van to be equipped for the road. After discussion, Jones made a motion to approve the purchase of seven (7) patrol cars and one (1) 12-passenger van from Shawnee Mission Ford in the amount of $170,284 and authorize the sale of the used vehicles through Nationwide Auction.</P> <P><STRONG>ZONING 03-06-06</STRONG><BR>The Board discussed a draft proposed resolution amending the Uniform Building Code. Johnson explained that he has been working with Keith Dabney, Director of Zoning and Codes, and Evan Ice, County Counselor, on the draft proposed resolution that sets out the process for agricultural building permits. Dabney and Ice were also present for the discussion. Dabney noted that they have met with members of the agricultural community and they have been very positive and receptive. The overall concern has been the definition of agricultural use. Johnson noted that the next step in the process would be to solicit input from McElhaney and Jones, circulate it to the agricultural community for input, then take action. No action was taken.</P> <P><STRONG>MISCELLANEOUS 03-06-06</STRONG><BR>The Board discussed issues regarding the wastewater reclamation plant site location. Jones noted that since the City/County/School District is scheduled to meet on Wednesday, March 8, 2006 regarding this issue, he believed it would be a good idea for the County Commission to determine its position. Jones stated he believed it should be located on the east side of Highway 59 and that the Commission should support growth east of Highway 59. Johnson and McElhaney agreed. No action was taken.</P> <P><STRONG>ACCOUNTS PAYABLE 03-06-06</STRONG><BR>Jones moved approval of accounts payable in the amount of $846,697.97 to be paid 03/06/06; accounts payable manual checks in the amounts of $500.00 and $42,035.75; payroll in the amount of $657,714.59; and electronic funds transfers in the amounts of $48,374.41 for FICA and $51,222.64 for KPERS to be paid 03/03/06. Motion was seconded by Johnson and carried unanimously.</P> <P>McElhaney excused himself at 10:30 A.M.</P> <P><STRONG>MISCELLANEOUS 03-06-06</STRONG><BR>Jones made a motion that Johnson be appointed to serve as the County's representative to the Lawrence-Douglas County Biosciences Board. Motion was seconded by Johnson and carried.</P> <P><STRONG>TOWNSHIPS 03-06-06</STRONG><BR>Pam Madl, Assistant County Administrator, noted that in regard to approving the Township Annual Reports, Kansas State Statue 80-304, states that "such report shall be verified by affidavit and shall be examined by the board of county commissioners. If found correct and in conformity to law, the board shall approve the report and accounts and the same shall be filed in the office of the county clerk of such county." Jones made a motion that the Board approve the 2005 Township Annual Reports. Motion was seconded by Johnson and carried.</P> <P>Johnson made a motion to adjourn; Jones seconded and the motion carried.</P> <P></P> <P>_____________________________ _____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P><BR>_____________________________ _____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member<BR></P>

<P>Johnson called the meeting to order at 6:34 P.M. on Wednesday, March 8, 2006 with two members present. McElhaney was absent. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 03-08-06</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 06-123. Order is on file in the office of the County Clerk; and</LI> <LI>Approve Renewal Agreement for Housing of Inmates at the Douglas County Jail.</LI></UL> <P>Motion was seconded by Johnson and carried.</P> <P><STRONG>FAIRGROUNDS &amp; RESOLUTIONS 03-08-06</STRONG><BR>Harold Stewart, Douglas County Administrator Intern, presented a proposed plan that would attain the goal set out by the Board to collect 50% of the operating costs for the Fairgrounds as directed at their meeting held on December 12, 2005. The Board previously discussed this at their meeting held on February 20, 2006, but tabled final action in order to allow for public input. Bill Bell, Director of Buildings and Grounds, and Trudy Rice, Douglas County Extension Director, were also present for the discussion. Stewart presented a table comparing the current fee structure with the proposed fee structure. </P> <P>Johnson asked if the new fee structure was reasonable compared to the public market. </P> <P>Bell stated that he believed it was. Bell noted that the proposed resolution gives the County Administrator the authority to adjust the rates if reservations drop considerably.</P> <P>Stewart noted that while the increase seems large, the fees are still low compared to similar facilities.</P> <P>Rice stated that Douglas County is fortunate to have the facilities we have, but the wear and tear on the buildings is becoming noticeable. The County needs to create some method of bringing in revenue to keep the buildings in a repaired state.</P> <P>Jones noted that the rule is the fees have to be put back into the buildings.</P> <P>Johnson stated that the Board felt it was appropriate and equitable to look at the fees and what they generate and determine whether the taxpayers at large should assume the responsibility of maintaining the fairgrounds. The Board determined it would be fair and equitable to raise the fees in order to generate revenue equal to 50% of the cost to maintain the fairgrounds.</P> <P>Jones added that the cost of utilities have increased considerably as well.</P> <P>Johnson asked for public comment.</P> <P>Lloyd Northrop, President of Happy Time Square Dancers Club, stated that the increased rates would triple the rate for their use and would be a hardship on their club, which has approximately 128 members. He noted they have been good tenants and are also taxpayers in Douglas County. He suggested that a more modest rate be considered.</P> <P>Johnson pointed out that if there were approximately 100 people that attended a dance, the increase would be approximately $1 per person for use of the facility. He then stated that maybe softening the increase over an additional year might make sense.</P> <P>Norma Leary, representing the Pilot Club of Lawrence, requested that the Board consider lower hourly rates for non-profit organizations. Leary noted that the Pilot Club is a civic organization that d&#160;s a lot of different things for the community. </P> <P>Johnson noted that organizations will have time to prepare for the increases since the new fees will not apply to existing reservations, but will impact new reservations.</P> <P>Stewart noted that sometimes for-profit entities pair up with non-profit entities in order to get the non-profit rate.</P> <P>Bob Regold, member of the Happy Times Square Dance Club, voiced opposition to the increased fees.</P> <P>Frank Alexander, member of the Happy Times Square Dance Club, also voiced opposition. </P> <P>George Lauppe, representing Lawrence Regional Antique Auto Club, noted they have the largest swap meet in Kansas. He stated that for many years, there were no fees for the use of the fairgrounds and the Lawrence Regional Antique Auto Club made numerous contributions throughout the years. He stated that he believed that the goal to recover 50% of the maintenance was reasonable, but suggested that phasing it in might work better since, in some cases, fees would triple.</P> <P>Jack Todd, member of the Antique Auto Club, spoke in opposition.</P> <P>Richard Schaumburg stated that he organizes a three-day flea market but d&#160;sn't make much profit with the current rates. His fees would jump from $250 to $1300 which is too steep of an increase to pass along to his vendors. </P> <P>Donna Oldman, praised the fairgrounds staff. She suggested a different cancellation policy.</P> <P>Darby Zaremba stated that she agrees with the concept of generating more revenue for the County. She suggested that the County try to market more use during the week.</P> <P>Connie Northrop, member of the Happy Times Square Dancers Club, spoke in opposition to the increased rates.</P> <P>Johnson made a motion to close the public hearing. Motion was seconded by Jones and carried.</P> <P>Johnson stated that he believes the new fee schedule is fair and equitable. He praised staff for doing a great job. He said he was sympathetic to the issue of the major increases and asked staff to take note and return with suggestions on how to limit percentages of increases.</P> <P>Jones agreed. No action was taken.</P> <P><STRONG>RESOLUTIONS 03-08-06<BR></STRONG>Jones made a motion to approve Resolution No. 06-10 authorizing Sunday Sales of Original Packaged Cereal Malt Beverage and Alcoholic Liquor for Off-Premises Consumption. Motion was seconded by Johnson and carried.</P> <P>Johnson made a motion to adjourn; Jones seconded and the motion carried.</P> <P><BR>_____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp; Charles Jones, Member</P> <P>ATTEST:</P> <P>_____________________________<BR>Jamie Shew, County Clerk&nbsp;</P>

<P>Johnson called the meeting to order at 6:37 P.M. on Wednesday, March 15, 2006 with two members present. McElhaney was absent. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 03-15-06</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 06-125 and 06-126. Orders are on file in the office of the County Clerk;</LI> <LI>Approve Authority to Award Contract/Commitment of County Funds for Project No. 23 C-3890-01, the replacement of the Route 1055 Bridge near the Cedar Hill Gun Club and approach roadway grading;</LI> <LI>Pull the item "Consider approval of resolution accepting maintenance for roads within Raeta Subdivision" for discussion; and</LI> <LI>Pull the item "Consider approval of resolution accepting maintenance for N 1928 Road within Beaver Creek Estates Subdivision" for discussion.</LI></UL> <P>Motion was seconded by Johnson and carried.</P> <P><STRONG>PUBLIC WORKS, TOWNSHIPS &amp; RESOLUTIONS 03-15-06</STRONG><BR>The Board discussed acceptance of maintenance of roads within subdivisions. Jones noted that assessed valuation g&#160;s up when roads are paved which means the township receives more money. However, when the roads are accepted by the County for maintenance, the township d&#160;s less work. Jones requested that staff draft a policy statement stating that when roads are turned over to the County for maintenance, the township must also turn over the revenue stream. </P> <P>Johnson stated that he didn't want to send the message that the eventual acceptance of these roads was at risk, but the monies should be received by the entity that will be doing the maintenance.</P> <P>No action was taken.</P> <P><STRONG>PLANNING 03-15-06</STRONG><BR>The Board considered Item No. 9 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated February 22, 2006. This item is CUP-12-09-05: Conditional Use Permit request for Stony Point Hall, a reception center. The property is generally described as being located at 1514 N 600 Road and contains 13.98 acres. Submitted by Russell and Lucretia Carlson, property owners of record. Sandra Day, staff member of the Lawrence-Douglas County Metropolitan Planning Department, was present for the discussion. This item comes to the Board with a recommendation for approval based on the following Findings of Fact:</P> <P><STRONG>Zoning and uses of property nearby.</STRONG> The property is located on the north side of N 600 Road approximately 2.5 miles east of Highway 59 (E 1250 Road). The area is zoned for agricultural use. It is developed with a rural residence and multiple accessory buildings. The surrounding area is also zoned for agricultural use.</P> <P><STRONG>Character of the area.</STRONG> The character of the area is agricultural and includes both pasture land and densely wood area throughout the surround area.</P> <P><STRONG>Suitability of subject property for the uses to which it has been restricted.</STRONG> A Conditional Use Permit (CUP) d&#160;s not change the base, underlying zoning. The suitability of the property for agricultural or rural residential use will not be altered. The 13.9 acre property was developed with a single-family home and multiple accessory buildings. The proposed building was initially constructed as a commercial/industrial machine shop operation under a previous owner according to building permit records. Final inspections were not completed pending additional information and documentation. Use of the building for public occupancy will be subject to approval of building and inspection and may require upgrade of the electronic and mechanical systems subject to County Building Code requirements.</P> <P><STRONG>Length of time subject property has remained vacant as zoned.</STRONG> The subject property is developed with a single-family house that will remain for residential use. The County Zoning was adopted in 1966, this property has been zoned "A" (Agricultural) since that adoption.</P> <P><STRONG>Extent to which removal of restrictions will detrimentally affect nearby property.</STRONG> Approval of the CUP will provide for the applicant to operate a recreational facility. The existing driveway will be shared with the residence on the property and is recommended for widening by the County Engineer.</P> <P><STRONG>Relative gain to the public health, safety and welfare by the destruction of the value of the petitioner's property as compared to the hardship imposed upon the individual landowners.</STRONG> Approval of the subject property neither directly benefits the community nor harms the public health, safety and welfare. The underlying A (Agricultural) zoning district is unchanged. This specific request is for the conversion of an existing accessory structure for a private recreation facility.</P> <P><STRONG>Conformance with The Comprehensive Plan.</STRONG> The Comprehensive Plan supports the retention of commercial type uses and limited expansion of existing commercial districts outside of an urban area. A Conditional Use Permit can be used to allow specific non-residential uses subject to approval of a site plan. This tool allows proportional development in harmony with the surrounding area. As recommended by <EM>Horizon 2020</EM>, the proposed request is consistent with The Comprehensive Plan. </P> <P>AND subject to the following conditions:</P> <OL> <LI>Provision of a revised site plan to include the following notes:<BR>&nbsp;&nbsp;a.&nbsp;The permit will be administratively reviewed by the County in 5 years (Calendar Year 2011).<BR>&nbsp;&nbsp;b.&nbsp;The permit will expire at the end of 10 years (Calendar Year 2016), unless an application for renewal is approved by the local governing body.<BR>&nbsp;&nbsp;c.&nbsp;Use of building is subject to building code and occupancy permits as applicable per the County Building Code.<BR>&nbsp;&nbsp;d.&nbsp;The supply of water and the disposal of the sewage shall be subject to the approval of the County Health Department prior to operation.<BR>&nbsp;&nbsp;e.&nbsp;Revised driveway width to a minimum 18'.<BR>&nbsp;&nbsp;f.&nbsp;Events limited to not exceed two days per week.<BR>&nbsp;&nbsp;g.&nbsp;Music shall stop by midnight and customers shall depart by 1:00 A.M.</LI> <LI>Provision of a revised driveway area to provide a minimum of 35' off- street parking spaces.</LI> <LI>Approval of a driveway permit from the County Public Works Department.</LI> <LI>The provision of an inspection report by the Lawrence-Douglas County Health Department prior to the site plan being released to the County Zoning Administrator for approval.</LI> <LI>The provision of construction and building permit applications for the renovation of the existing building for a reception hall/meeting space.</LI></OL> <P>Keith Dabney, Director of Zoning and Codes, stated that his office is having problems with existing structures meeting the requirements for the use of their proposals. Applicants fail to research the implications of bringing a building up to the code requirements before they apply for a CUP and often find it is cost prohibitive. Dabney also pointed out that the previous owner was cited for using the building without a CUP.</P> <P>Jones asked whether applicants actually spent the money to bring the buildings up to code or if they typically abandoned the projects. </P> <P>Dabney stated that some did spend the money, some abandoned their projects, and there are a few that are in litigation. Dabney added that the issue for him is even though the condition is required, there are problems in terms of enforcement of that condition.</P> <P>Jones questioned whether the issue could be addressed more effectively by requiring applicants to meet with the Zoning Office early on in the process.</P> <P>Day noted that it might be possible to have some sort of report or evaluation from Zoning prior to the application of a CUP.</P> <P>Johnson stated he wanted to be sure that wh&#160;ver is applying for this adaptive use of a building understands the economic consequences of adapting the building.</P> <P>Jones suggested that there ought to be some evidence that the applicant has discussed the project with Zoning.</P> <P>Day pointed out that in order to make it mandatory, there would need to be a text amendment to the County Code.</P> <P>The applicants indicated they were aware of the costs associated with bringing their building up to code.</P> <P>Jones stated he didn't think this would apply to this application, but from this point forward, there should be a mandatory requirement that applicants meet with the Zoning Office prior to submission of an application for a CUP.</P> <P>Jones then made a motion to approve CUP-12-09-05 subject to the above conditions. Motion was seconded by Johnson and carried.</P> <P><STRONG>PLANNING 03-15-06</STRONG><BR>The Board considered Item No. 4 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated February 16, 2006. This item is CUP-12-08-05: Conditional Use Permit request for a well house remodel for Osage Rural Water District #5. The property is generally described as being located at 143 N 200 Road and contains .11 acre. Submitted by Jagger Swisher, applicant, for Osage Rural Water District #5, property owner of record. Sandra Day, staff member of the Lawrence-Douglas County Metropolitan Planning Department, was present for the discussion. This item comes to the Board with a unanimous recommendation for approval based on the following Findings of Fact:</P> <P><STRONG>Zoning and uses of property nearby.</STRONG> The property is located in the southwest portion of Douglas County on the south side of N 200 Road. The small parcel is owned by RWD #5, Osage County. The surrounding land is zoned and used for agricultural activities including scattered rural residences.</P> <P><STRONG>Character of the area.</STRONG> The general area is agricultural and characterized by large rural parcels used for crop and or pasture areas.</P> <P><STRONG>Suitability of subject property for the uses to which it has been restricted.</STRONG> A Conditional Use Permit (CUP) d&#160;s not change the base, underlying zoning. The property is very small and used as part of the rural water district's supply/treatment network for rural customers. The proposed change will not alter the usability of the property for an accessory rural use. The size of the property prohibits use of the property for residential purposes.</P> <P><STRONG>Length of time subject property has remained vacant as zoned.</STRONG> The subject property is developed with equipment and apparatus related to the provision of a public supply of water per Rural Water District No. 5, Osage County. The County Zoning was adopted in 1966, this property has been zoned "A" (Agricultural) since that adoption.</P> <P><STRONG>Extent to which removal of restrictions will detrimentally affect nearby property.</STRONG> Approval of the CUP will allow the applicant to improve the building per minimum State requirements. Detrimental impacts are not anticipated by the continuation of the use or the allowance of the proposed building repairs.</P> <P><STRONG>Relative gain to the public health, safety and welfare by the destruction of the value of the petitioner's property as compared to the hardship imposed upon the individual landowners.</STRONG> Approval of the Conditional Use Permit will facilitate improvements to the provision of a rural water district utility. Staff concurs with the applicant's statement that the benefit will result in "better water quality and less down time" to customers. The underlying "A" (Agricultural) zoning district is unchanged.</P> <P><STRONG>Conformance with The Comprehensive Plan.</STRONG> The proposed request is consistent with the recommendation to emphasize improvements and quality of service.</P> <P>AND subject to the following condition:</P> <OL> <LI>Provision of a County building permit.</LI></OL> <P>Jones made a motion to approve CUP-12-08-05; motion was seconded by Johnson and carried.</P> <P><STRONG>PUBLIC WORKS &amp; AGREEMENTS 03-15-06</STRONG><BR>The Board discussed bids received for the supply of asphaltic concrete material for use during the 2006 road maintenance season. After discussion, Johnson made a motion to approve the contract with LRM Industries, Inc., Lawrence, KS to supply 5,001 tons to 8,000 tons of BM-2 asphaltic concrete at the unit price of $33.25 per ton, and approve the contract with Asphalt Sales, Lawrence, KS to supply 1,000-5,000 tons of BM-2 at the unit price of $37.00 per ton. Motion was seconded by Jones and carried.</P> <P><STRONG>OUT-DISTRICT COLLEGE TUITION STATEMENTS 03-15-06</STRONG><BR>Jones moved approval of the nine (9) Out-District College Tuition Statements in the amount of $5,937. Motion was seconded by Johnson and carried.</P> <P><STRONG>ACCOUNTS PAYABLE 03-15-06<BR></STRONG>Johnson moved approval of accounts payable in the amounts of $179,700.04 to be paid 03/13/06 and $234,221.09 to be paid 03/20/06; and accounts payable manual checks in the amount of $442.35. Motion was seconded by Jones and carried.</P> <P><STRONG>RESOLUTIONS 03-15-06</STRONG><BR>Jones made a motion to approve Resolution No. 06-11 providing for the imposition of restrictions on certain outdoor burning practices in the unincorporated area of Douglas County. Motion was seconded by Johnson and carried.</P> <P>Jones made a motion to adjourn; Johnson seconded and the motion carried.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp; Charles Jones, Member</P> <P>ATTEST:</P> <P><BR>_____________________________<BR>Jamie Shew, County Clerk&nbsp;<BR></P>

<P>Johnson called the meeting to order at 8:35 A.M. on Monday, April 3, 2006 with all members present. The Pledge of Allegiance was recited.</P> <P>Jones moved approval of the minutes of February 8, February 13, February 20, February 22, as amended, and February 27, 2006, as amended. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>CONSENT AGENDA 04-03-06<BR></STRONG>Jones moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 06-127, 06-128, 06-129, 06-130, 06-131, and 06-132. Orders are on file in the office of the County Clerk;</LI> <LI>Authorize Notice to Clinton Township for Clinton Store;</LI> <LI>Accept the low bid and award the contract for supply and application of magnesium chloride solution for the user fee dust palliative program to Scotwood Industries at a unit cost of $0.540 per gallon;</LI> <LI>Approve Agreement with Heartland Medical Outreach and Dr. Dennis Sale to provide comprehensive medical services to inmates at the Douglas County Jail; and</LI> <LI>Authorize the Chairman of the Board to affix his signature to the Contract for Highway Purposes for Structure No. 3.80N - 1.50E (Pro ject No. 03800150).</LI></UL> <P>Motion was seconded by McElhaney and carried.</P> <P><STRONG>MISCELLANEOUS 04-03-06</STRONG><BR>The Board considered approval of a request to use County Route 1055 for the 2006 Baldwin City Bicycle Stage Race to be held June 24-25, 2006. The route includes Route 1055 running south out of Baldwin City, a few of the streets in Baldwin City, and a 12-mile loop north of Baldwin City, northeast of Vinland. After discussion, Johnson made a motion to approve the request; motion was seconded by Jones and carried unanimously.</P> <P><STRONG>EMERGENCY MANAGEMENT &amp; PURCHASING 04-03-06<BR></STRONG>The Board discussed the purchase of a vehicle for Emergency Management. Paula Phillips, Director of Emergency Management, Mike Perkins, Operations Division Manager, and Jackie Waggoner, Purchasing Director, were present for the discussion. Phillips explained that the vehicle currently used by Emergency Management, a 1994 Ford Explorer, is in need of approximately $1,000 in repairs and Perkins has recommended replacement of the vehicle instead of repair. This is due, in part, to the cost and difficulty in finding parts for vehicles over 10 years old. Phillips recommended that the vehicle be equipped with a tow package in order to tow the trailer that contains Community Emergency Response Team (CERT) supplies and materials that is towed to classes, fairs and volunteer activities. Currently, the volunteers have been towing the trailer since the Explorer is not equipped with a tow package. Options for replacing the vehicle include a cooperative arrangement with the Public Works Department to use a vehicle equipped to tow the trailer when needed; not replacing the vehicle and utilizing the county "pool" vehicles when available and personal vehicles if "pool" vehicles are not available; purchase a used vehicle from the Kansas Highway Patrol; purchase a new, smaller vehicle; or purchase a new, similar vehicle.</P> <P>Perkins stated that the new vehicles available through the MARC contract include a pickup, a Dodge Durango, and a Ford Expedition. All three would have the ability to tow the trailer.</P> <P>Johnson stated that he didn't want volunteers to be hauling County-owned trailers with their personal vehicles and that a vehicle should be purchased for use by Emergency Management that would provide the ability to move the equipment. Johnson also stated he did not want to depend upon another department to provide a vehicle on a moment's notice.</P> <P>Jones asked how often the trailer was used or moved. Phillips noted that the trailer is moved weekly. She stated that the trailer g&#160;s to all the CERT training sessions. The trailer carries the supplies for the training sessions and also has supplies for emergencies</P> <P>McElhaney stated that if the vehicle were purchased for the purpose of hauling a trailer, it should not be driven out of town for meetings, it should stay in Douglas County.</P> <P>Johnson stated he did not think it was wise to restrict the use to Douglas County since it would force the Emergency Management Department to draw on a "pool" vehicle. He suggested that in the rare instances where there may be a need for the trailer, the Public Works Department could respond with a pickup truck to move the trailer.</P> <P>McElhaney asked whether volunteers would be driving the vehicle and hauling the trailer. Phillips said they may have to in the event of an emergency. She noted that there are five (5) volunteers specifically trained and their information is provided to the County for coverage under the County's insurance policy.</P> <P>Johnson stated he was not inclined to purchased a used vehicle and suggested that staff determine which vehicle best suits the department's needs and return with a recommendation for approval. Johnson noted that he would not be in favor of restricted use. </P> <P><STRONG>PARKS -- BLACK JACK 04-03-06<BR></STRONG>The Board conducted a work session regarding the Black Jack Battlefield Illegal Dump Clean-Up Project. Keith Browning, Director of Public Works/County Engineer; Evan Ice, County Counselor; Bob Medina, Kansas Department of Health &amp; Environment; and Carol von Tersch, representing the Black Jack Trust, were present for the discussion. Browning explained that contracts between the Kansas Department of Health &amp; Environment (KDHE) and Douglas County had been received from KDHE for the clean-up of the illegally dumped solid waste at the Black Jack Battlefield site. KDHE considers the Black Jack Battlefield site to contain six (6) illegal dump sites. Under terms of the contracts, KDHE will reimburse Douglas County for up to 75% of the actual cost to clean-up the sites, or $10,000 for each of six (6) sites, whichever is less. Therefore, KDHE's maximum contribution to the clean-up effort is $60,000.</P> <P>It is planned to divide the clean-up project into two phases. Phase 1 involves removing the solid waste from the drainage ways on the property, and collecting and stockpiling the waste in a staging area on the property. It is anticipated the solid waste would be gathered into five (5) stockpiles: timber and burnable wood, tires, construction/demolition debris, scrap metal, and household trash. Phase 2 involves removing the stockpiled waste from the property. Proposals from two contractors for Phase 1 activities are currently being solicited. </P> <P>The Board previously indicated its willingness to participate in this clean-up project by pledging a maximum $20,000 in County funds. Browning noted that Paragraph II.(9) of the proposed contract indicates Douglas County is responsible for additional funds over the contract amount, required to complete the project. </P> <P>Browning stated that the most difficult part of the project will be removing the waste. Once Phase 1 is completed, the City of Lawrence will be more comfortable committing assistance to the project. The only entrance into the property is off of 2000 Road which is not suitable for the equipment that will be hauling the waste. Members of the Black Jack Trust have spoken with the property owner to the west who has agreed to allow equipment to cross his property off his entrance off of Highway 56.</P> <P>Medina stated that he felt the cost of the entire project would not exceed $100,000. He suggested that Douglas County enter into an agreement with the Black Jack Trust that states the Trust would be responsible for any costs over $80,000. </P> <P>von Tersch stated&nbsp; that the Trust is aware that the site needs to be cleaned up and is willing to assist in that effort.</P> <P>Ice said he would draft contracts for the Board's approval between KDHE and Douglas County and a separate contract with the Trust for reimbursement.</P> <P>Johnson requested that Ice's services be offered to the Trust to work out an agreement between the Trust and the property owner for access to the property. Johnson also requested that staff keep the City of Lawrence and Baldwin City informed of the progress and costs. </P> <P><STRONG>ACCOUNTS PAYABLE 04-03-06</STRONG><BR>Jones moved approval of accounts payable in the amounts of $362,451.56 to be paid 03/27/06 and $158,159.20 to be paid 04/03/06; accounts payable manual checks in the amounts of $366.00, $275,317.70, $394,155.00, and $700,000.00; payroll in the amounts of $673,044.40 and $690,188.68; and electronic funds transfers in the amounts of $49,502.73 for FICA and $50,782.89 for KPERS to be paid 03/17/06, and $52,848.06 for FICA and $53,095.86 for KPERS to be paid 03/31/06. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>APPOINTMENTS 04-03-06</STRONG><BR>Johnson made a motion to appoint Karen Smith, Lawrence, Kansas, to the Douglas County Community Corrections Youth Services Advisory Board, for a two (2) year term to expire April 1, 2008. Motion was seconded by McElhaney and carried unanimously. It should be noted that Ms. Smith replaces Judy Culley who was not eligible for reappointment. </P> <P>McElhaney made a motion to adjourn; Jones seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P> <P>ATTEST:</P> <P><BR>_____________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member<BR></P>

<P>Johnson called the meeting to order at 6:35 P.M. on Wednesday, April 5, 2006 with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 04-05-06</STRONG><BR>McElhaney moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 06-133 and 06-135. Orders are on file in the office of the County Clerk.</LI></UL> <P>Motion was seconded by Jones and carried.</P> <P><STRONG>AMBULANCE &amp; PURCHASING 04-05-06</STRONG><BR>Mark Bradford, Chief of the Lawrence-Douglas County Fire &amp; Medical Department, appeared before the Board requesting approval to waive the bid requirement of the Purchasing Policy for the purchase of a medic unit. Bradford explained that the purchase of a medic unit was requested in the 2006 FY Budget and one medic unit will be requested in the 2007 FY budget as part of their vehicle replacement plan. He stated that he had been in contact with several vendors all of whom have indicated there will be a significant increase in engines due to new federal emissions standards. This increase affects all engines sold beginning January 1, 2007, which are actually all engines sold beginning with the 2007 model year. The estimates from these manufacturers have indicated a $10,000-$15,000 increase.</P> <P>The current medic unit vendor, American Response Vehicles, has offered a discount of $3,000 per chassis if ordered now, then a 3% increase ($5,850 per unit) on the modular unit to be purchased the last quarter of 2006 and the first quarter of 2007. The offsetting cost is an increase of $2,850 per vehicle. Bradford stated he did not believe we could go out for bid and receive bids for less money.</P> <P>Bradford's recommendation was to waive the Purchasing Policy and authorize the purchase of the 2006 and 2007 chassis now at a price of $130,000. He also recommended that in June of 2006, one medic unit be ordered for delivery in the fourth quarter of 2006 and order one medic unit in the fourth quarter for delivery in the second quarter of 2007. He noted that the chassis is being ordered early in order to save on the anticipated increase in engine costs.</P> <P>Jones noted that the reason we have the Purchasing Policy is to ensure we're getting the best price and we're being fair. He stated he saw nothing compelling to waive the bidding process.</P> <P>Bradford stated that he understood Jones' point. He noted that the Board approved this same process last year. He also noted that the current vendor has been very good to work with, they have a superior unit, and there are advantages to having the same type of unit such as maintenance, parts, etc. He said he did not believe we would be able to purchase another vehicle for the 3% increase.</P> <P>Johnson asked whether there was much difference in price when bids were last requested.</P> <P>Bradford stated that four (4) bids were received and they were very competitive.</P> <P>McElhaney noted that he also likes to keep vehicles and equipment consistent. It makes it much easier to work on and to obtain parts.</P> <P>Jones said he was concerned about the appearance of not taking the Purchasing Policy seriously. The Policy should be waived when there is a compelling reason to do so, not when it's convenient.</P> <P>Johnson stated that the Board could approve the chassis since we know the costs will be going up but if Jones preferred, the Board could delay the purchase of the boxes and go through the bid process.</P> <P>Jones asked Bradford how often he recommended going out for bid.</P> <P>Bradford stated that he would like to see multi-year contracts which would give us consistency in products. He said he thought 3-5 year contracts would work well.</P> <P>Jones then asked whether it was possible to have a multi-year contract on something like this.</P> <P>Craig Weinaug, County Administrator, said that it is possible. Douglas County has entered into some multi-year contracts that are built in as being options for the Board to either accept or not accept the following year. </P> <P>Bradford stated he believed that the increase would be more than 3% if bids were solicited. </P> <P>Johnson said it is clearly better to purchase the two (2) chassis now that will cost approximately $10,000-$15,000 less than they would one year from now.</P> <P>Jones stated he would support this purchase with the understanding that future purchases will go through the bid process. He also stated he would support a multi-year contract.</P> <P>Bradford stated he was understanding the Commission is authorizing the purchase of the two (2) chassis -- order the 2006 module at a 3% cost increase, then at the end of 2006, order the 2007 module for delivery in the 2nd quarter of 2007 at a 3% cost increase. He also understood that any future purchases would need to go through the bidding process.</P> <P>Johnson agreed with Bradford's understanding.</P> <P>McElhaney then made a motion to waive the bidding requirements of the Purchasing Policy and authorize the purchase of two (2) chassis and two (2) medic units at a total cost of $395,344 ($197,672 per unit) from American Response Vehicles. This cost reflects a discount of $3,000 per chassis, and a 3% increase for the medic units ($5,850 per unit) from our 2004 contract. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>FAIRGROUNDS 04-05-06</STRONG><BR>Harold Stewart, Douglas County Administrator Intern, presented two options for consideration in response to the Board's request for a phased rate proposal regarding the Douglas County Fairgrounds. Stewart noted that the Commission requested a rate policy that would not cause rates to increase more than double that of the previous year. In order to adjust the weekend rates to meet this criteria staff looked at what is currently the rate for the weekend, doubled it, and converted it to an hourly rate. Stewart presented the following options:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P><STRONG>Option 1</STRONG> This option assumes that usage and operating costs remain the same as the usage of 2004 and the costs of 2005. The rates are phased so that there is no more than a 100% increase from year to year. The first year is adjusted as described above. The second year implements the rates as previously proposed, and the third year adjusts to meet the commission goal of 50% recuperation. The concern with this option is that it d&#160;s not account for the increasing costs of operation. In comparing the utility bills of 2006 so far to those of 2005, the County is experiencing a 7.6% increase. This option would not allow an adjustment for this until 2010. Thus, this option in actuality d&#160;s not meet the Commission's goal of recuperating 50% of the operating costs, though it d&#160;s phase the previously proposed rate increase as directed.</P> <P><STRONG>Option 2</STRONG> This option assumes the same usage of 2004 but also includes a 7% per year increase in operating costs. The first year is identical to that of option 1 to avoid more than a 100% increase. The second year the rates for high demand buildings doubles. The third year the rates are adjusted to meet the 50% goal. The disadvantage of this proposal is that the final rates are more than originally proposed. It d&#160;s, however, meet the goal of the Commission of recuperating 50% of the operating costs and d&#160;sn't increase more than double from year to year. Finally, it also accounts for the rising costs of operation.</P></BLOCKQUOTE> <P>Jones asked what year would the County actually reach the 50% goal.</P> <P>Stewart said that with Option 1, it would be at least 2010, but possibly as late as 2011. With Option 2, we would be close to it by 2009.</P> <P>Johnson stated he was inclined to approve Option 2 since it is consistent with the previous discussions. He noted he was a little hesitant to approve it tonight without more public input.</P> <P>Jones noted that the Commission has been very clear and additional public input was not an issue for him.</P> <P>McElhaney made a motion to approve Home Rule Resolution No. HR-06-3-2 Amending Douglas County Fairgrounds Policies, as Codified for Article 1 of Chapter VIII of the Code of Douglas County, Kansas, To Amend the Usage Fees Relating to the Douglas County Fairgrounds, adopting Option 2 for the fee rates. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 04-05-06</STRONG><BR>The Board reviewed the County Administrator's Issues and Objectives Report. No action was taken.</P> <P><STRONG>APPOINTMENTS 04-05-06</STRONG><BR>Jones made a motion to reappoint David Johnson to the Douglas County Community Corrections Youth Services Advisory Board for a two (2) year term to expire on April 5, 2008. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 04-05-06</STRONG><BR>Jones moved approval of accounts payable manual checks in the amount $105.00. Motion was seconded by McElhaney and carried unanimously.</P> <P>McElhaney made a motion to adjourn; Jones seconded and the motion carried unanimously.</P> <P></P> <P>_____________________________ _____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P> <P>ATTEST:</P> <P><BR>_____________________________ _____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member</P>

<P>The Board of County Commissioners of Douglas County, Kansas met in Special Session on Friday, April 7, 2006 with Commissioners Johnson and McElhaney present. Commissioner Jones was absent. Johnson called the Special Meeting to order at 9:00 A.M.</P> <P>The purpose of the Special Meeting was to canvass the results of the Lecompton City Election which was held on Tuesday, April 4, 2006. </P> <P>McElhaney made a motion to appoint Douglas County Treasurer Paula Gilchrist to serve as a canvasser in the absence of Jones. Motion was seconded by Johnson and carried. </P> <P>Jamie Shew, County Clerk, reported there were fifty-eight (58) ballots cast with two (2) provisionals. Shew recommended counting the provisionals since the voters reside on the Lecompton City line and should have been included in the poll book.</P> <P>McElhaney made a motion to accept Shew's recommendation; Johnson seconded, and the motion carried unanimously.</P> <P>It should be noted that after the additional ballots were counted, the election results were not changed.</P> <P>No errors were found.</P> <P>McElhaney made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P> <P>ATTEST:</P> <P><BR>_____________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Paula Gilchrist, Treasurer</P> <P>&nbsp;</P>

<P>Johnson called the meeting to order at 6:35 P.M. on Wednesday, April 12, 2006 with two members present. McElhaney was absent. The Pledge of Allegiance was recited.</P> <P>Jones made a motion to approve the minutes of March 6, as amended, March 8, March 15, and April 3, as amended. Motion was seconded by Johnson and carried.</P> <P>McElhaney joined the meeting 6:38 P.M.</P> <P><STRONG>CONSENT AGENDA 04-12-06</STRONG><BR>Jones made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 06-134 and 06-136. Orders are on file in the office of the County Clerk;</LI> <LI>Approve Resolution No. 06-12 granting a beer license for Clinton Store;</LI> <LI>Approve Resolution No. 06-13 Relating to and Amending a Regulated Planning and Zoning Classification within the Unincorporated Territory of Douglas County, Kansas. Zoning Classification is changed from "A" (Agricultural) District to "A-1" (Suburban Home Residential) District in Tomlinson Addition; and</LI> <LI>Approve route for Maple Leaf Parade scheduled for Saturday, October 21, 2006.</LI></UL> <P>Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>ZONING &amp; RESOLUTIONS 04-12-06</STRONG><BR>The Board considered approval of Home Rule Resolution No. HR-06-4-3 which re-establishes the 250' road frontage development standard. Keith Dabney, Director of Zoning and Codes, was present for the discussion. Dabney noted that the most recent resolution, Home Rule Resolution No. HR-05-4-3, expired on April 4, 2006. Johnson made a motion to approve Home Rule Resolution No. HR-06-4-3 Providing for the Temporary Prohibition of the Issuance of Permits for the Construction or Placement of Dwellings and Mobile Homes on Certain Tracts. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PARKS -- LONE STAR 04-12-06</STRONG><BR>The Board discussed revisions to the water ski regulations at Lone Star Lake. Keith Browning, Director of Public Works/County Engineer, was present for the discussion. Browning noted that a letter was submitted to the Board earlier this spring requesting the expansion of allowable water skiing periods at Lone Star Lake. Current regulations allow water skiing between June 1 and Labor Day on every Tuesday, Wednesday, and Thursday, from 10:00 A.M. to 9:00 P.M. and other days as approved by the Board. These other days are typically alternating Saturdays and Sundays on alternating weeks and holidays that don't fall within the standard skiing periods, plus a few days in September.</P> <P>The letter requested that water skiing be allowed every day of the week from 12:00 noon to 8:00 P.M. The letter cites confusion over the alternating nature of allowable days on the weekend for skiing. The letter also states it is believed the current regulations are to protect fishing interests, but that most fishing is done in the arms of the lake (not the main body of the lake where skiing is allowed) and in the early morning or late evening during the summer.</P> <P>In addition to protecting fishing interests, the water skiing restrictions are to limit shore erosion at the lake. Shore erosion was a problem several years ago. Over the past several years, rock shore protection has been placed in several locations at Lone Star Lake as budget and other resources allow. Shore erosion remains somewhat of a concern, and the Department of Public Works would not recommend allowing skiing on a daily basis throughout the summer.</P> <P>Browning recommended that skiing be allowed every Tuesday, Wednesday, Thursday, Saturday and Sunday of each week between the hours of 12:00 noon and 8:00 P.M., between June 1 and Labor Day. This would remove the confusion of alternating Saturdays/Sundays. Browning also recommended that skiing be allowed from 12:00 noon until 6:00 P.M. on the following dates: Saturday, September 9, Saturday, September 16, and Saturday, September 23. </P> <P>Johnson suggested that skiing be allowed Wednesday through Sunday in order to allow for longer weekends for skiers. </P> <P>Glen Sohl, property owner, stated he was pleased with the direction. He added that he would like to be able to ski seven (7) days a week during the four (4) month period, but he was happy with the direction the Commission was headed.</P> <P>Johnson made a motion that skiing be allowed from 12:00 noon until 8:00 P.M. on Wednesday, Thursday, Friday, Saturday and Sunday of each week between May 30th and September 3rd, 2006, and also on Saturdays and Sundays during the month of September. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PARKS -- BLACK JACK 04-12-06</STRONG><BR>Keith Browning, Director of Public Works/County Engineer, presented a Reimbursement Agreement between the Black Jack Battlefield Trust and Douglas County. This issue was discussed on Monday, April 3, 2006. The Kansas Department of Health &amp; Environment (KDHE) will pay for 75% of the costs (not- to-exceed $10,000 per site) to clean-up illegal dump sites on the Black Jack property. Douglas County must enter into contracts with KDHE stipulating Douglas County will cover all costs exceeding KDHE's obligation. Browning presented an agreement stipulating that Black Jack Battlefield Trust will reimburse Douglas County for all county expenses exceeding $20,000 for this illegal dump clean-up project. Dr. Ramon Powers, President of the Black Battlefield Trust, was present for the discussion. Powers stated that he didn't have any problems with the agreement, but would like for the Trust's attorney to review it before execution. However, the Trust's attorney is out of the office until April 14. </P> <P>Jones made a motion to approve Resolution No. 06-14 Authorizing Contracts with the Kansas Department of Health and Environment for Corrective Action at Illegal Dumps at the Black Jack Battlefield Site. Motion was seconded by Johnson and carried unanimously.</P> <P>Jones then made a motion to authorize the Chair to execute the Reimbursement Agreement between Douglas County, Kansas and Black Jack Battlefield Trust which will not be forwarded until the Trust's attorney has had an opportunity to review the Agreement. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 04-12-06</STRONG><BR>Jones moved approval of accounts payable in the amount of $269,953.36 to be paid 04/10/06, and election payroll in the amount of $270.00. Motion was seconded by Johnson and carried unanimously.</P> <P>McElhaney made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P><BR>_____________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member</P>

<P>Johnson called the meeting to order at 8:35 A.M. on Monday, April 17, 2006 with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 04-17-06</STRONG><BR>McElhaney moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 06-137, 06-138, 06-139, and 06-140. Orders are on file in the office of the County Clerk; and</LI> <LI>Authorize notices to Clinton Township for Jerk Water Grille and for a restricted cereal malt beverage license to sell cereal malt beverages for consumption on the premises for one (1) day only on June 17, 2006 on the Clinton Marina Parking lot.</LI></UL> <P>Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>COMMUNITY CORRECTIONS 04-17-06</STRONG><BR>Ron Stegall, Director of Community Corrections, presented the Douglas County Community Comprehensive Plan -- 2007 thru 2009. After discussion, Jones made a motion to approve the Comprehensive Plan. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>EMERGENCY MANAGEMENT &amp; PURCHASING 04-17-06</STRONG><BR>The Board considered approval to access the State Contract for the purchase of radio equipment for Emergency Management to replace obsolete radios. Jackie Waggoner, Purchasing Director, explained that TFM Comm currently provides service for our radio equipment. Obsolete equipment has been identified in three areas: Amateur, EOC1, and Skywarn; this equipment was licensed in 1982.&nbsp; Parts are no longer available to repair the equipment. </P> <P>Equipment for Amateur supports Emergency Management disaster operations; EOC1 supports fire frequency for all township fire departments; and Skywarn supports frequency for the outdoor warning sirens. Motorola is the State contractor for radio equipment, and TFM Comm is the authorized dealer for this area. Approximately 95% of the following proposed costs are on the State contract:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>Amateur -- $8,340.30<BR>EOC1 -- $13,667.50<BR>Skywarn -- $13,515.20<BR><BR>TOTAL --&nbsp;$35,523.00</P></BLOCKQUOTE></BLOCKQUOTE> <P>Funds are available in the Emergency Management equipment reserve fund for this expenditure.</P> <P>Johnson made a motion to waive the bidding requirement of the Purchasing Policy and allow staff to access the State contract for radio equipment through TFM Comm in the amount of $35,523. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PURCHASING &amp; EMERGENCY MANAGEMENT 04-17-06</STRONG><BR>The Board discussed the replacement of a vehicle for Emergency Management. This item was previously discussed on April 3, 2006 with staff being directed to determine which vehicle best suits the department's needs and return with a recommendation. Craig Weinaug, County Administrator, presented the following three (3) options:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P><STRONG>Option 1</STRONG> -- Purchase an extended cab 4X4 F-150 1/2 ton truck with cover&nbsp;at a cost of $20,119.</P> <P><STRONG>Option 2</STRONG> -- Purchase a Dodge Durango 4X4 SUV at a cost of $23,461.</P> <P><STRONG>Option 3</STRONG> -- Purchase a Dodge Durango 4X4 SUV for the Operations&nbsp;Division Manager (that might be specified slightly different than if purchased for the Director of Emergency Management) and transfer his SUV&nbsp;to the Director of Emergency Management. This vehicle has approximately 50,000 miles on it and would meet the needs of Emergency&nbsp;Management. The Emergency Management Department would transfer&nbsp;an appropriate amount of funds to the Public Works Department, and the&nbsp;remainder of the cost of the new vehicle would be paid out of the Public&nbsp;Works Equipment Reserve Fund.</P></BLOCKQUOTE> <P>Weinaug recommended approval of Option 2.</P> <P>Johnson questioned whether it was a good idea to set a precedent approving the acquisition of a vehicle and then debate which individual gets the vehicle.&nbsp; Jones stated that he would be willing to vote for Option 3 if the Operations Division Manager was putting a lot of mileage on his vehicle.&nbsp;&nbsp; McElhaney agreed, noting that a new vehicle would likely need to be purchased in the next couple of years for the Operations Division Manager.</P> <P>Jones made a motion to approve Option 3, unless the amount exceeds $25,000. If the amount exceeds $25,000, staff is directed to proceed with Option 2. Motion was seconded by McElhaney and carried unanimously. It should be noted that this motion approves the purchase of the Dodge Durango from Raytown Dodge. </P> <P><STRONG>PUBLIC WORKS 04-17-06</STRONG><BR>Keith Browning, Director of Public Works/County Engineer, presented the 2007-2011 Five-Year Plan Project Listing for Federally Assisted Projects. The Kansas Department of Transportation (KDOT) annually requests that counties update the projects included in the County portion of the Statewide Transportation Improvement Program (STIP). These are projects for which the County wishes to use federal funding assistance (typically 80% federal, 20% local) in an amount not to exceed the obligation authority for each county.</P> <P>The projects currently on Douglas County's list are as follows:</P> <OL dir=ltr style="MARGIN-RIGHT: 0px"> <OL> <LI>Replacement of Bridge No. 09.24-16.00 on Route 1055 approximately&nbsp;3/4 mile south of Route 458. A contract has been let, and construction&nbsp;is anticipated to commence April 27th.</LI> <LI>Replacement of Bridge No. 14.00-23.66 on Route 442 just west of the&nbsp;Johnson County line. Plans are at Office Check stage. Scheduled for&nbsp;January 2007 bid letting.</LI> <LI>Replacement of Bridge No. 06.97-01.00 on Route 1023 just south of&nbsp;Route 460 intersection. Plans are at Field Check stage. Scheduled for&nbsp;January 2008 bid letting.</LI> <LI>Replacement of Bridge No. 13.00-19.00 which carries Route 1057&nbsp;over the Wakarusa River approximately 1/2 mile south of K-10. Scheduled for January 2009 bid letting. Schedule indicates hiring consultant&nbsp;by August 2006.</LI></OL></OL> <P>Browning explained that KDOT has estimated Douglas County's annual available obligation authority to be $431,000 for 2007 thru 2011. A new federal multi-year transportation bill, SAFETEA-LU, was passed last summer. While receiving some increase in federal obligation authority, Kansas did not fare as well as other states. Last year at this time a re-authorization bill for TEA-21 had not been passed, but KDOT optimistically estimated Douglas County's annual obligation authority at $590,286 for 2006-2010. For the 2005-2009 5-Year Plan, KDOT estimated Douglas County would receive $380,000 in annual obligation authority. Browning recommended that the Board approve the current projects on the 5-Year Plan. </P> <P>Johnson stated that as much as he d&#160;sn't like the idea of funding a study, he believes there is a need to look into funding a long-range study for Douglas County, including all four (4) cities. The County has a lot of bridges and roads and not enough money to fund all of them.</P> <P>Browning noted that he has scheduled a meeting with Planning staff to discuss some sort of joint study and how it should be funded.</P> <P>Johnson asked for public comment. No comments were received. Johnson made a motion to close the public hearing; Jones seconded and the motion carried unanimously.</P> <P>McElhaney made a motion to accept the Five-Year Plan as presented. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 04-17-06<BR></STRONG>Jones moved approval of accounts payable in the amount of $468,371.03 to be paid 04/17/06; accounts payable manual checks in the amount of $884.70; payroll in the amount of $666,840.98; and electronic funds transfers in the amounts of $49,037.63 for FICA and $51,586.97 for KPERS to be paid 04/14/06. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 04-17-06</STRONG><BR>At 9:50 A.M., Johnson made a motion that the Board recess to go into executive session until 10:30 A.M. to evaluate the County Administrator. Motion was seconded by Jones and carried unanimously. The Board returned to regular session at 10:30 A.M. No action was taken.</P> <P>Johnson made a motion to adjourn; Jones seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________ _____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P> <P>ATTEST:</P> <P><BR>_____________________________ _____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member</P>

<P>Johnson called the meeting to order at 6:35 P.M. on Wednesday, April 19, 2006 with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 04-19-06</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 06-141. Order is on file in the office of the County Clerk.</LI></UL> <P>Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>PUBLIC WORKS 04-19-06<BR></STRONG>The Board conducted a study session with the Traffic Safety Advisory Committee to discuss mailbox installation regulations. No action was taken.</P> <P>Johnson made a motion to adjourn; Jones seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P> <P>ATTEST:</P> <P><BR>_____________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Charles Jones, Member<BR></P>

<P>Johnson called the meeting to order at 8:33 A.M. on Monday, April 24, 2006 with two members present. McElhaney was absent. The Pledge of Allegiance was recited.</P> <P>Johnson moved approval of the minutes of April 5, April 7, and April 12, 2006. Motion was seconded by Jones and carried.</P> <P><STRONG>CONSENT AGENDA 04-24-06<BR></STRONG>Jones made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 06-142. Order is on file in the office of the County Clerk;</LI> <LI>Note receipt of fee reports for the month of January, 2006; and</LI> <LI>Approve Resolution No. 06-15 Amending the Rules and Regulations Applicable to Lone Star Lake Park to Change the Dates and Times Permissible for Water Skiing.</LI></UL> <P>Motion was seconded by Johnson and carried.</P> <P><STRONG>PLANNING 04-24-06</STRONG><BR>The Board considered Item No. 4 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated March 13, 2006. This item is CUP-01-01-06: Conditional Use Permit request for an existing airstrip located at 725 N 500 Road. Approval of this request would enable the airstrip to be in zoning compliance with Douglas County Zoning regulations. Submitted by Darrel Norris, applicant, for Phyllis Norris, property owner of record. Paul Patterson, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. This item comes to the Board with a unanimous recommendation for approval based upon the following Findings of Fact:</P> <P><STRONG>Zoning and uses of property nearby.</STRONG> The property is located on 160 acres at 725 N 500 Road. The area is zoned for agricultural use. It is developed with a rural residence and agricultural use. The surrounding area is also zoned for agricultural use.</P> <P><STRONG>Character of the area.</STRONG> The character of the area is agricultural and includes both pasture land and some wooded areas.</P> <P><STRONG>Suitability of subject property for the uses to which it has been restricted.</STRONG> A Conditional Use Permit (CUP) d&#160;s not change the base, underlying zoning. The suitability of the property for agricultural or rural residential use will not be altered. The 160 acre property was developed with a single-family home, equipment shed and aircraft hangar.</P> <P><STRONG>Length of time subject property has remained vacant as zoned.</STRONG> The subject property is developed with a single-family house that will remain for residential use. The County Zoning was adopted in 1966; this property has been zoned "A" (Agricultural) since that adoption.</P> <P><STRONG>Extent to which removal of restrictions will detrimentally affect nearby property.</STRONG> Approval of the CUP will allow the applicant to continue to operate an existing airstrip landing field at this location.</P> <P><STRONG>Relative gain to the public health, safety and welfare by the destruction of the value of the petitioner's property as compared to the hardship imposed upon the individual landowners.</STRONG> Approval of the continued use neither directly benefits the community nor appears to harm the public health, safety and welfare. The underlying "A" (Agricultural) zoning district is unchanged. This specific request is the for the continued use of an existing airstrip landing field for the private use of the property owner.</P> <P><STRONG>Conformance with the Comprehensive Plan.</STRONG> <EM>Horizon 2020</EM> d&#160;s not directly address the issuances of CUPs or private landing strips. The comprehensive plan d&#160;s discuss Lawrence Municipal Airport and the need to keep its airspace free from encroachment. This private grass airstrip will not encroach on the Municipal Airport's airspace. The location of the existing airstrip is in conformance with Horizon 2020. </P> <P>AND subject to the following conditions:</P> <P>&nbsp;1.&nbsp;Provision of a revised site plan to include the following item and notes:<BR>&nbsp;&nbsp;a.&nbsp;"The permit will be administratively reviewed by the County in 5 years (April 30, 2011);<BR>&nbsp;&nbsp;b.&nbsp;"The permit will expire at the end of 10 years (April 30, 2016), unless an application for renewal is approved prior to that date by the local governing body;" and<BR>&nbsp;&nbsp;c.&nbsp;"The airstrip is for the private use of the property owner only and restricted to the airplane registered to the applicant and may not be used for commercial purposes."<BR>&nbsp;2.&nbsp;Provision of a legal description of the property; and<BR>&nbsp;3.&nbsp;Provide a copy of the certification approval for the airstrip from the Federal Aviation Administration to the Planning Department [File CUP- 01-01-06].<BR>&nbsp;<BR>Johnson recalled an earlier conversation with the applicant who stated that on occasion a friend might fly in for a visit. Johnson suggested that the wording to condition 1) c. be changed to read "The airstrip is limited to non-commercial traffic only which has the owner's permission to use the strip."</P> <P>Jones stated he had no problem with the CUP but would be interested in obtaining an opinion from the County Counselor with regard to the County's liability should there be an incident.&nbsp; Johnson pointed out that the applicant has to obtain approval from the Federal Aviation Association, so Douglas County shouldn't have any liability issues.</P> <P>Jones then made a motion to approve CUP-01-01-06 based upon the above Findings of Fact and subject to the following amended conditions:</P> <P>&nbsp;1.&nbsp;Provision of a revised site plan to include the following item and notes:<BR>&nbsp;&nbsp;a.&nbsp;"The permit will be administratively reviewed by the County in 5 years (April 30, 2011);<BR>&nbsp;&nbsp;b.&nbsp;"The permit will expire at the end of 10 years (April 30, 2016), unless an application for renewal is approved prior to that date by the local governing body;" and<BR>&nbsp;&nbsp;c.&nbsp;"The airstrip is limited to non-commercial traffic only which has the owner's permission to use the strip."<BR>&nbsp;2.&nbsp;Provision of a legal description of the property; and<BR>&nbsp;3.&nbsp;Provide a copy of the certification approval for the airstrip from the Federal Aviation Administration to the Planning Department [File CUP- 01-01-06].</P> <P>Motion was seconded by Johnson and carried.</P> <P><STRONG>PURCHASING 04-24-06</STRONG><BR>The Board considered approval of a contract for a document management solution for all Douglas County offices. Jackie Waggoner, Purchasing Director, Jim Lawson, Information Technology Director, and Jamie Shew, County Clerk, were present for the discussion. Waggoner explained that in April of 2005 the Board approved a contract for consulting services with BV Solutions Group, currently known as Electronic Data Systems (EDS) for the following deliverables: (1) conduct a document imaging needs analysis by department and provide a countywide document imaging/management needs assessment, (2) develop an implementation plan, (3) create a request for proposal (RFP) for the solution, and (4) assist in the evaluation process.</P> <P>Four (4) proposals were received in response to the RFP. As part of the evaluation process, each company was invited to present their proposal and perform a complete product demonstration to the evaluation committee. Representatives from most major departments of the County served on the evaluation committee. The overall consensus from both the evaluation committee and the consultants is that Cutting Edge Solutions-Hyland OnBase provides the best solution, even though they were not the lowest cost. Significant weight was given to location of the supplier, qualifications, ability to meet the County's needs, user friendliness, and references. Their final negotiated offer is $347,782.</P> <P>Lawson and Shew then conducted a power point presentation outlining the benefits of a document management solution. </P> <P>Johnson asked how records were purged.&nbsp; Lawson responded that purging is based on a retention system provided by State government. </P> <P>Johnson then asked about management of system security.&nbsp; Lawson explained that certain people can be designated to have access to certain areas. The system also creates an audit trail noting every time a record is viewed, printed, moved, modified, and who accessed the record.&nbsp; Jones emphasized that he would like to see some clearly defined process to demonstrate to citizens that their privacy is protected. He then asked about virus protection.&nbsp; Lawson stated that the County has multiple layers of virus protection. Backups are conducted daily and maintained offsite. Additionally, the County has the type of storage system that is redundant, which ensures that the system will continue operating during disk drive failures. </P> <P>Jones asked whether there would be additional costs associated with inputting historical data into the system and whether we would need to hire temporary staff.&nbsp; Lawson said that would depend on how far back we decide to go with the records; he believes that the County would gain more efficiency if the system included historical data.&nbsp; Jones pointed out that the County d&#160;s a lot of things in terms of efficiency, but it d&#160;sn't seem to reduce the workforce.&nbsp; He noted he would rather see monies spent on health care and roads.</P> <P>In response to the issue of workforce efficiency, Shew stated that he currently has 2.5 employees that work in real estate and anticipates that at some point, following full implementation of the document management system,&nbsp; he may be able to reduce the FTE in that area.&nbsp; Shew stated that, for example, plat work is increasing and this system will allow him to accommodate the additional work without hiring additional staff. He noted that some areas may not see a reduction, but may stay at the current level.&nbsp; Johnson pointed out that the increase in staffing levels may be slower.</P> <P>Jones stated he would like staff to provide more information about the security policy in terms of internal access, to forecast some sense of reduction in the work force, and to estimate what the out-year costs would be. He questioned the future maintenance costs and whether this was something that would need to be replaced every three (3) years.&nbsp; Lawson noted that the maintenance costs are included in the proposal for the first two (2) years.&nbsp; After that, in present day dollars, maintenance costs are anticipated to be $45,000-$50,000 per year. Lawson also stated that he did not foresee the need for replacement.</P> <P>Jones asked whether a policy decision had been made as to how far back the records will go.&nbsp; Madl said the current plan is to implement the system and move forward. If a policy is made to include past documents and records, it may be necessary to hire temporary staff, and that would require Commission approval.</P> <P>Johnson asked whether the system was compatible with the City's system.&nbsp;Madl replied that it is compatible with the On Base system being used by the City.</P> <P>Jones made a motion to accept the negotiated proposal for a document management solution submitted by Cutting Edge Solutions in the amount of $347,782, noting that he would like to see the following:</P> <UL> <LI>an access/security policy that has been reviewed by the County Counselor;&nbsp;</LI> <LI>some kind of discussion on efficiency and out-year dollar projections in terms of efficiencies in staff; and</LI> <LI>a proposal of how historical data will be handled and entered.</LI></UL> <P>Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>PUBLIC WORKS 04-24-06</STRONG><BR>The Board discussed an Agreement for Design Engineering Services for the Extension of E 1326 Road in conjunction with the U.S. 59 Freeway Project. Keith Browning, Director of Public Works/County Engineer, stated that the planned U.S. 59 Freeway construction project will remove the existing U.S. 59 Highway access at N 1056 Road and N 1082 Road. The extension of E 1326 Road south to Route 458 to provide another access for the Berg Acres area was one of Douglas County's requests to the Kansas Department of Transportation (KDOT). KDOT subsequently agreed to cover the cost of extending E 1326 Road to Route 458, but Douglas County must prepare construction plans and let a construction contract for this work. KDOT has agreed to acquire the necessary road right-of- way for the E 1326 extension.</P> <P>Negotiations with Bartlett &amp; West Engineers for design engineering have been ongoing. Bartlett &amp; West is one of KDOT's consultants on the U.S. 59 Freeway Project and therefore has a significant amount of survey data acquired for this area. </P> <P>Bartlett &amp; West proposes to provide the necessary services for a not-to-exceed cost of $29,351.50. The scope of services is broken into two phases, a study phase and a final design phase. The study phase will include determining a final alignment for the roadway. During this phase, Bartlett &amp; West is to work with the property owner to ensure the road alignment fits, as well as possible, into the future plans of the property owner. This will also include working with Planning to ensure the road alignment is consistent with possible future uses of the property.</P> <P>KDOT has allowed $16,000 for design and $194,000 for construction of this approximately 1/4-mile length of road. Browning stated he was comfortable that design and construction can be completed within the $210,000 limit. Current estimates for construction are approximately $140,000.</P> <P>Johnson stated that he wants to spend the time, energy and money needed to make sure this road serves our needs in the future as well as serves the needs of the property owner.</P> <P>Jones asked whether another firm could perform the services for less cost.&nbsp;Johnson noted that this is an extension of something that Bartlett &amp; West&nbsp; already owns, i.e., survey data.</P> <P>Johnson then made a motion to wave the bid requirement of the Purchasing Policy and authorize the Public Works Director to accept the proposal from Bartlett &amp; West Engineers to provide design engineering services at a not-to-exceed cost of $29,351.50 for the extension of E 1326 Road in conjunction with U.S. 59 Freeway improvements. Motion was seconded by Jones and carried.</P> <P><STRONG>ACCOUNTS PAYABLE 04-24-06</STRONG><BR>Jones moved approval of accounts payable in the amount of $426,963.96 to be paid 04/24/06; motion was seconded by Johnson and carried.</P> <P>Johnson made a motion to adjourn; Jones seconded and the motion carried.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp; Charles Jones, Member</P> <P>ATTEST:</P> <P><BR>_____________________________<BR>Jamie Shew, County Clerk&nbsp;<BR></P>

<P>Johnson called the meeting to order at 6:35 P.M. on Wednesday, April 26, 2006 with two members present. McElhaney was absent.</P> <P><STRONG>CONSENT AGENDA 04-26-06</STRONG><BR>Johnson made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 06-143 and 06-144. Orders are on file in the office of the County Clerk.</LI></UL> <P>Motion was seconded by Jones and carried.</P> <P><STRONG>INSURANCE 04-26-06</STRONG><BR>The Board considered approval of the health insurance contract for Third Party Administration. Pam Madl, Assistant County Administrator, noted that the Health Insurance Committee worked with Corporate Benefits Consulting to develop and issue a Request for Proposals for Third Party Administration of the health insurance plan. For the past five years the County has contracted with FMH, Inc., and staff and employees have been very satisfied with FMH's performance. However, the five-year contract is expiring.</P> <P>Six proposals were received and reviewed by the Health Insurance Committee. The Committee unanimously recommends that the County continue to contract with FMH. Even though FMH did not offer the lowest proposal with respect to fixed costs, the difference was minimal as a percentage of the total cost of the health insurance plan. Madl pointed out that switching administrators is difficult for employees as well as staff; eligible service providers could change (such as physicians and hospitals within the network) and flexibility with the plan administration could be impacted. There have been very few user complaints about FMH administration; claims are paid promptly, and there is excellent communication and collaboration between County staff and FMH account representatives. </P> <P>After discussion, Jones made a motion to authorize Pam Madl to finalize a five-year contract, renewable annually, with FMH, Inc. for Third Party Administration of the health insurance plan. Motion was seconded by Johnson and carried.</P> <P><STRONG>MISCELLANEOUS &amp; AGREEMENTS 04-26-06<BR></STRONG>The Board considered approval of the PLAY (Partners for Lawrence Athletics and Youth) agreement to perform a needs assessment and feasibility study. The Board had previously agreed to provide 10% of the cost of the study up to a maximum of $7,000, as reflected in the February 27, 2006 minutes. A draft copy of the Request for Proposals was also available for the Board's review.</P> <P>Johnson stated that he would like the language in both documents to be inclusive of Douglas County as well as the City of Lawrence.</P> <P>Jones noted that the scope was unnecessarily broad as written in Item 3 of the Scope of Services and Overall Tasks. The Board emphasized the hope that the PLAY initiative should, to the maximum extent possible, benefit all community partners currently providing for recreational needs. For example, the Board would question any proposal that would have the Haskell football stadium abandoned, rather than upgraded, to accommodate a new facility dedicated to a similar need.</P> <P>Jones made a motion that Johnson be authorized to sign the final Agreement once the above-described changes have been made and with the understanding that the Board's agreement to fund the study d&#160;s not be construed to assume support of the final expenditure for a facility. Motion was seconded by Johnson and carried. Staff was directed to forward these minutes to the PLAY committee.</P> <P><STRONG>RESOLUTIONS 04-26-06</STRONG><BR>Jones made a motion that Johnson be authorized to sign resolutions until Monday, May 8, 2006. Motion was seconded by Johnson and carried. It should be noted that on May 3, 2006, Johnson signed Resolution No. 06-16 granting a cereal malt beverage license to Jerk Water Grille and Resolution No. 06-17 granting a special restricted cereal malt beverage license to Clinton Marina.</P> <P><STRONG>MISCELLANEOUS 04-26-06</STRONG><BR>The Board considered approval of a request received from Jayhawk Area Agency on Aging to endorse an Application for Tax Credits for their new office space. Craig Weinaug, County Administrator, explained that these credits will be used for the installation of an elevator and other ADA requirements for the bottom floor of the facility into which they are moving. There is no risk or cost to Douglas County in endorsing the Application. Johnson made a motion to approve the Application for Tax Credits; Jones seconded and the motion carried.</P> <P><STRONG>AGREEMENTS 04-26-06<BR></STRONG>The Board considered a proposed First Amendment to Lease Agreement [Option to Sell] received from Cingular Wireless for the tower located south of the Judicial and Law Enforcement Center. Craig Weinaug, County Administrator, explained that Cingular Wireless merged with AT&amp;T and acquired the AT&amp;T Tower Lease. They have determined they no longer need this site. Cingular Wireless can either terminate the Lease or sell the equipment and assign its Lease rights to a different wireless provider. If Cingular Wireless chooses to terminate the Lease, it must provide Douglas County with 60 days notice and must pay a termination fee equal to 6 months rent. Cingular Wireless has asked Douglas County to allow it to assign its Lease rights, which potentially allows the County to continue receiving rent, except for during the interim period when they are attempting to assign the Lease rights. The Amendment states that Cingular Wireless would no longer pay rent after July. They would have up to 24 months to find a buyer to acquire the Lease rights. If they find a buyer within 24 months, the buyer must start paying the County rent equal to 110% of the normal rental rate. If they do not find a buyer within 24 months, then they can either terminate the Lease without any further payments to the County or reinstate the Lease and start paying the County rent equal to 110% of the normal rental rate. Weinaug noted that the County Counselor has reviewed and negotiated the proposed Agreement. Weinaug also pointed out that the County has another vacant space on the tower, but d&#160;sn't have the expertise to market that space. </P> <P>Jones asked what the advantage would be to Cingular Wireless if the County approved the request. Weinaug stated they would get out of the notice period and there is some potential revenue to them if they sell the package. The County's risk is losing four (4) months of rent.</P> <P>Jones asked what would happen if they were unable to find a buyer. Weinaug said the County would end up with Cingular's equipment on the tower without receiving rent. The worst case scenario would be the County would have two (2) vacant spaces to rent.</P> <P>Jones then asked if removing the equipment would be costly. Weinaug stated that he did not know, but noted that the County Counselor unsuccessfully attempted to negotiate removal of the equipment, which might indicate it would be costly. However, the Board could approve the Agreement with the stipulation that they remove the equipment.</P> <P>Johnson suggested that Weinaug be authorized to negotiate with Cingular Wireless indicating that the Amendment has been presented to the Board who authorized execution on the condition that the equipment be removed by Cingular Wireless if they are unable to sell the space. </P> <P>Jones made a motion to authorize the County Administrator to enter into an Agreement with Cingular Wireless regarding the disposition of the cell tower after he has satisfied his own curiosity about issues with regard to removal of the equipment. Motion was seconded by Johnson and carried.</P> <P><STRONG>MISCELLANEOUS 04-26-06</STRONG><BR>Jones suggested that the County look into making some sort of commitment to improving writing skills. He suggested that staff look into a day long training session for all employees and possibly hiring a writing coach to review certain documents. Johnson agreed. No formal action was taken.</P> <P>&#160;<STRONG>BUDGET 04-26-06<BR></STRONG>The Board discussed the 2007 budget process. No action was taken.</P> <P>Johnson made a motion to adjourn; Jones seconded and the motion carried.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member</P> <P>ATTEST:</P> <P><BR>_____________________________<BR>Jamie Shew, County Clerk&nbsp;<BR></P>

<P>Johnson called the meeting to order at 8:35 A.M. on Monday, May 8, 2006 with all members present. The Pledge of Allegiance was recited.</P> <P>Jones made a motion to approve the minutes of April 17, April 19, April 24, and April 26, 2006. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PROCLAMATION 05-08-06<BR></STRONG>Linda K&#160;ster-Vogelsang, Court Administrator, read a Proclamation proclaiming the week of May 8-May 14, 2006 as "Jury Appreciation Week." McElhaney made a motion to adopt the Proclamation as read; Jones seconded and the motion carried unanimously.</P> <P><STRONG>CONSENT AGENDA 05-08-06<BR></STRONG>Johnson made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 06-145 and 06-146. Orders are on file in the office of the County Clerk;</LI> <LI>Note receipt of fee reports for the months of February and March 2006;</LI> <LI>Authorize Notice to Clinton Township for Pipeline Productions/Wakarusa Festival;</LI> <LI>Approve low bid received from Hutchinson Salt for the supply of 1,250 tons of highway de-icing salt at a total cost of $43,387.50;</LI> <LI>Pull the item "Consider Authorizing the Public Works Director to Approve Contractor's Proposal for Phase 1 Clean-Up of Illegal Dump Sites at Black Jack Battlefield" for discussion; and</LI> <LI>Authorize accessing the Kansas City Regional Purchasing Cooperative (KCRPC) contract to purchase one (1) cab and chassis equipped with an oil distributor from KCR International in the amount of $114,028.60.</LI></UL> <P>Motion was seconded by Jones and carried unanimously. </P> <P>Johnson stated for the record that he was pleased to see that law enforcement would be providing additional security at the Wakarusa Festival this year.</P> <P><STRONG>PARKS -- BLACK JACK 05-08-06<BR></STRONG>The Board discussed a proposal received from Mr. Haul Away (Benjamin R. Flory) for performing Phase I services for the illegal dump clean-up project at the Black Jack Battlefield site. The proposal is to provide Phase I services at a not-to-exceed cost of $37,000. Keith Browning, Director of Public Works/County Engineer, stated that Mr. Flory is highly recommended by Bob Medina, Kansas Department of Health and Environment, and Keith Dabney, Director of Zoning and Codes. Dabney has used Mr. Flory on other illegal dump clean-up projects in Douglas County and has been very pleased with his work. Carol von Tersch with Black Jack Battlefield Trust has met with Mr. Flory on several occasions and is comfortable with his company performing the work. Browning noted that Phase I services were estimated to cost $40,000.</P> <P>Johnson asked if the $37,000 included all six (6) sites. Browning responded that it did. </P> <P>McElhaney stated that he would like signs to be placed at the site during the clean-up to prevent additional dumping on the site. </P> <P>Jones made a motion to authorize the Director of Public Works to approve the proposal from Mr. Haul Away (Benjamin R. Flory) to provide Phase 1 services to clean-up illegal dump sites at or near the Black Jack Battlefield site at a not-to-exceed cost of $37,000. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PLANNING 05-08-06</STRONG><BR>The Board considered Item No. 1B of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated April 17, 2006. This item is PF-01-02-06: Final Plat for Wakarusa Overlook. This proposed one-lot residential subdivision contains approximately three acres. The property is generally described as being located west of E 1900 Road (1057 Highway) and south of K-10 Highway. Submitted by Allenbrand-Drews &amp; Associates, Inc., for Rebecca Thomas, property owner of record. Mary Miller, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. This item comes to the Board with a unanimous recommendation for acceptance of easements and rights-of-way subject to the following conditions:</P> <P>&nbsp;1.&nbsp;Submittal of an executed Water Supply Agreement between the Lawrence-Douglas County Health Department and the property owner.<BR>&nbsp;2.&nbsp;Provision of the following fees and recording documentation:<BR>&nbsp;&nbsp;a.&nbsp;A current copy of a paid property tax receipt.<BR>&nbsp;&nbsp;b.&nbsp;Recording fees made payable to the Douglas County Register of Deeds.<BR>&nbsp;3.&nbsp;Revision of the plat to include the following:<BR>&nbsp;&nbsp;a.&nbsp;The Douglas County Surveyor signature blank must be revised to read: "Reviewed in accordance with K.S.A. 58-2005" with a signature blank for Michael D. Kelly, L.S., County Surveyor; Douglas County, Kansas LS No. 869.</P> <P>After discussion, Jones made a motion to approve PF-01-02-06 subject to the above conditions. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PLANNING 05-08-06</STRONG><BR>The Board considered approval of SP-02-18-06: Hull Studio, a site plan for the reconstruction of a residence and demolition of a garage located at 802/804 E 1250 Road. Submitted by Walter and Ruth Hull, property owners of record. Mary Miller, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. </P> <P>The subject property is located north of E 800 Road on the east side of US 59 Highway. The property is currently developed with an existing single-family residence and metalsmithing shop. The applicant proposes to reconstruct the single-family dwelling to include a first floor office and attached garage with a second floor residence. Other changes proposed include the demolition of an existing 329-square foot detached garage and the relocation of three parking spaces from the northern side of the lot to the southern border. No changes are proposed to the metalsmithing workshop.</P> <P>As the existing residence encroaches into the 25 foot front yard setback, a variance request was considered and unanimously approved by the Douglas County Board of Zoning Appeals on April 21, 2006. </P> <P>Jones stated he thought this was a unusual way to cut up a piece of land. McElhaney agreed and asked whether there was enough frontage. Johnson noted that the frontage already exists. Ruth Hull, applicant, stated that the house already exists and is grandfathered into the regulations. The improvements are within the current setback.</P> <P>McElhaney made a motion to approve SP-02-18-06 subject to the following conditions:</P> <P>&nbsp;1.&nbsp;Revision of the site plan to include the following:<BR>&nbsp;&nbsp;a.&nbsp;Notation of the variance granted on April 21, 2006 by the Douglas County Board of Zoning Appeals.<BR>&nbsp;&nbsp;b.&nbsp;Relocation of the accessible parking space to a location closer to the office and addition of a hard surface for the accessible parking space/access aisle and pathway leading to the building.</P> <P>Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PARKS -- LONE STAR 05-08-06</STRONG><BR>Keith Browning, Director of Public Works/County Engineer, advised the Board that a leafy weed vegetation is growing in Lone Star Lake. Charles Nichols, Parks Superintendent, has met with Richard Sanders, Fisheries Biologist with the Kansas Department of Wildlife and Parks, who recommended that the vegetation be treated with a liquid chemical called Aquathol K. The vegetation is hampering the use of the lake. The estimated cost for the treatment is $5,000. It will be necessary to prohibit swimming for 24 hours and fishing for 72 hours after treatment.&nbsp; Mike Perkins, Operations Division Manager, stated that signs will be posted at all the entrances and boat docks and flyers will be placed in the doors of the cabins alerting citizens to the prohibition time periods. </P> <P><STRONG>MISCELLANEOUS &amp; RESOLUTIONS 05-08-06<BR></STRONG>Pam Madl, Assistant County Administrator, and Paula Gilchrist, Treasurer, presented a Resolution Amending Article 7 of Chapter I Regarding the Deposit and Investment of Public Funds.&nbsp; It is being proposed that the Board eliminate the requirement of annually changing banks for the payroll accounts.&nbsp; It is also suggested that the Investment Advisory Committee meet quarterly rather than monthly.&nbsp; Commissioner Johnson indicated his preference that the County Treasurer be responsible for these types of decisions; the Board directed staff to draft such changes and return to the Board at a later date. No action was taken.</P> <P><STRONG>ACCOUNTS PAYABLE 05-08-06<BR></STRONG>Jones moved approval of accounts payable in the amounts of $203,599.02 to be paid 05/01/06 and $158,627.04 to be paid 05/08/06; accounts payable manual checks in the amount of $98.30; payroll in the amount of $658,161.79 and electronic funds transfers in the amounts of $48,379.63 for FICA and $50,502.82 for KPERS to be paid 04/28/06. Motion was seconded by McElhaney and carried unanimously.</P> <P>Johnson made a motion to adjourn; Jones seconded and the motion carried.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P> <P>ATTEST:</P> <P><BR>_____________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member<BR></P>

<P>Johnson called the meeting to order at 8:36 A.M. on Monday, May 15, 2006 with all members present.</P> <P><STRONG>CONSENT AGENDA 05-15-06<BR></STRONG>There were no consent items.</P> <P><STRONG>ACCOUNTS PAYABLE 05-15-06</STRONG><BR>Jones moved approval of accounts payable in the amount of $194,916.66 to be paid on 05/15/06; payroll in the amount of $680,558.51; and electronic funds transfers in the amounts of $50,084.97 for FICA and $51,943.03 for KPERS to be paid 05/12/06. McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>MISCELLANEOUS 05-15-06<BR></STRONG>At 8:40 A.M., Jones made a motion that the Board recess to go into executive session until 9:25 A.M. with Craig Weinaug, County Administrator; Robert Claus, Assistant District Attorney, Richard Ziesenis, Director of Environmental Health for the Lawrence-Douglas County Health Department; and Keith Dabney, Director of Zoning and Codes, to discuss potential litigation. The Board returned to regular session at 9:20 A.M. No action was taken.</P> <P>Johnson made a motion to adjourn; Jones seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P> <P>ATTEST:</P> <P><BR>_____________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member<BR></P>

<P>Johnson called the meeting to order at 6:30 P.M. on Wednesday, May 10, 2006 with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>PROCLAMATION 05-10-06</STRONG><BR>Sheriff Ken McGovern read a Proclamation proclaiming the week of May 14-20, 2006 as "Police Week."&nbsp;&nbsp; Jones made a motion to adopt the Proclamation as read; McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>CONSENT AGENDA 05-10-06</STRONG><BR>Jones made a motion to approve the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 06-147. Order is on file in the office of the County Clerk.</LI></UL> <P>Motion was seconded by McElhaney and carried unanimously. </P> <P><STRONG>PLANNING – 05-10-06</STRONG><BR>The Board considered CUP-03-02-06: Revised Conditional Use Permit request for Jayhawk Excavating, a storage facility for truck and construction equipment. The property is generally described as being located at 1611 E 779 Road and contains 6.04 acres. Submitted by Allen Rockhold, property owner of record. Mary Miller, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. The applicant is requesting a modification to Conditions 5 and 9 to allow other like kind businesses to lease extra space from Jayhawk Excavating. Staff recommends approval of a Revised Conditional Use Permit which would allow multiple contractors to utilize the site at Jayhawk Excavating, 1611 E 779 Road, subject to the following revised conditions:</P> <P>&nbsp;1.&nbsp;Property governed by the CUP must remain under one ownership.<BR>&nbsp;2.&nbsp;The Conditional Use Permit is limited to this site, but may be utilized by companies leasing space from Jayhawk Excavating.<BR>&nbsp;3.&nbsp;Minor repair of equipment and vehicles shall be limited to the contractors leasing space from Jayhawk Excavating.<BR>&nbsp;4.&nbsp;The total number of employees on-site is limited to 10, and the number of pieces of equipment stored on-site is limited to 30.<BR>&nbsp;5.&nbsp;Annual reports must be filed with the Douglas County Zoning Office to ensure compliance with the employee and equipment limits.<BR>&nbsp;6.&nbsp;Outside storage of construction equipment shall be allowed only on the area designated as "proposed parking lot" on the site plan. No dumping of construction debris allowed without the approval of a revision to the Conditional Use Permit by the Planning Commission.</P> <P>&nbsp;7.&nbsp;No office use permitted.<BR>&nbsp;8.&nbsp;The land area governed by the CUP can be reduced to no less than 3 acres. A separate septic system will not be required unless the ownership of the property is sold to separate entities.<BR>&nbsp;9.&nbsp;A CUP will be administratively reviewed in 5 years.<BR>&nbsp;10.&nbsp;A CUP will expire at the end of 10 years, unless an application for renewal is approved by the local governing body.</P> <P>Johnson questioned whether this request would be eligible for a Conditional Use Permit had it been a new request.&nbsp; Miller replied that it would under the excavating operation.&nbsp; Jones followed up by asking if a business had a CUP, would it be able to lease the business to another entity, assuming it continued to operate as the same type of business.&nbsp; Johnson and Jones requested Miller to follow up on this question.&nbsp; </P> <P>McElhaney stated the term "storage" in this case really means a staging area for equipment.&nbsp; Jones expressed the concern that if the applicant is leasing the property, then he is operating a storage business.&nbsp; McElhaney replied that in a perfect world, it would be efficient to co-locate businesses.</P> <P>Johnson suggested that in Conditions 2 and 3, the word "companies" be replaced by "excavating contractors."&nbsp; With this consistency in language, the use should be limited.</P> <P>The issue of the number of employees as it relates to zoning concerns was discussed.&nbsp; Additionally, the specificity of the number of "pieces" of equipment was discussed.&nbsp; It was agreed that the definition of "pieces" needs to be more precise.&nbsp; Johnson indicated that he would be in favor of striking Condition #5.</P> <P>Johnson also suggested changing wording from "a CUP" to "the CUP" in Conditions #9 and #10.</P> <P>The applicant made a statement with respect to his intended use of the CUP.&nbsp; He indicated that he is not trying to increase anything with respect to his own business; a friend (also in the excavating business) essentially wants to park his dump trucks at the site.&nbsp; The only people going to the site would be those needing parts, fuel, or a truck.&nbsp; He understands the neighbors concerns, but nothing will change over what existed in the past 10 years.</P> <P>Gayle Sloan, 772 Highway 40, presented her concerns about&nbsp; the number of companies and employees that could be operating out of that location, as well as the increase in equipment located there.&nbsp; She asked that the issue, if not denied,&nbsp; be postponed so that the Planning Commission could review the issue based on conflicting information.&nbsp; Mary Miller responded that staff viewed this request as a minor revision to the CUP, and not one that would necessarily go to the Planning Commission.</P> <P>Walt Spencer, 761 Highway 40, voiced his objection.&nbsp; He felt that Kanwaka Township might have a concern, but were not present.&nbsp; He did confirm that the township board had not discussed this issue at the most recent board meeting.&nbsp; Mary Miller confirmed that notice had been provided to Kanwaka Township.</P> <P>Serena Anderson, 591 Highway 40, lives on the same site as the business.&nbsp; She was supportive of the applicant's request, stating that he keeps the grounds mowed and there is usually minimal equipment parked outside.</P> <P>Another neighbor expressed dissatisfaction with the CUP, indicating that this business is neither residential or rural.&nbsp; She felt that the operation damaged the roads and created extra fumes.</P> <P>Jones made a motion to close the public hearing; McElhaney seconded, and the motion passed unanimously.</P> <P>Johnson said that he has no problem with the owner's request.&nbsp; This request actually provides more control within the CUP.&nbsp; If there is a concern about the number of businesses located at the site, a condition could restrict the number to no more than 2.&nbsp; He would prefer a new CUP with specific conditions.</P> <P>McElhaney is also in favor of a new CUP with a 10-year term, including a review at 5 years.&nbsp; The County looks for appropriate industrial use in agricultural areas, and he favors co-locations of businesses.&nbsp; He would also favor striking Condition #5, and changing the language as recommended by Johnson in Conditions #9 and #10.</P> <P>Jones agreed to striking Condition #5.&nbsp; He believes a clarification on "pieces" of equipment is appropriate, and that it is reasonable to discuss hours of operation.&nbsp; He d&#160;s not believe that the modifications to the original CUP are fair to the neighbors.&nbsp; He would favor extending the original CUP for 3 years, and then require the applicant to reapply for a CUP.&nbsp; He has two questions for Evan Ice and Mary Miller: (1) what is the legal definition of change of use; and (2) what is the natural term for a Conditional Use Permit1/2</P> <P>Johnson asked for the applicant's input about amending the CUP now with an expiration in 5 years, triggering a new application.&nbsp; The applicant responded that he would rather not go through this process again.</P> <P>&#160;Johnson made a motion to approve the request with the following changes:</P> <P>&nbsp;-&nbsp;Amend Conditions #2 and #3 by specifying "excavating contractors."<BR>&nbsp;-&nbsp;Strike Condition #5.<BR>&nbsp;-&nbsp;Provide a better definition of "pieces" of equipment.<BR>&nbsp;-&nbsp;Extend the CUP for 10 years, with a 5 year review.<BR>&nbsp;<BR>McElhaney seconded the motion, and it carried 2-1.&nbsp; Jones voted nay.</P> <P>It was requested that planning staff work with McElhaney to arrive at a better definition of pieces of equipment.</P> <P><STRONG>INSURANCE&nbsp; 05-10-06</STRONG><BR>Pam Madl, Assistant County Administrator, presented the recommendations of the Health Insurance Committee with respect to the 2006-07 Health Insurance Plan renewal.&nbsp; These recommendations included no premium increase, and an increase in the maximum dental claims from $1,000 to $1,250. </P> <P>Jones indicated that if Johnson was comfortable with the recommendations, he would support the request.&nbsp; Johnson indicated that he was satisfied with the recommendation.</P> <P>McElhaney moved approval of the 2006-07 Health Insurance Plan, including the maximum dental claims increase from $1,000 to $1,250; Johnson seconded and the motion passed unanimously.</P> <P><STRONG>APPOINTMENTS&nbsp; 05-10-06</STRONG><BR>Johnson made a motion to reappoint Grant Eichhorn, Lawrence, Kansas, to a full term of the Planning Commission to expire on May 31, 2009.&nbsp; McElhaney seconded, and the motion carried unanimously.</P> <P>Johnson made a motion to adjourn; Jones seconded and the motion carried.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P> <P>ATTEST:</P> <P><BR>_____________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member</P>

<P>Johnson called the meeting to order at 8:35 A.M. on Monday, May 22, 2006 with all members present. The Pledge of Allegiance was recited.</P> <P>Jones moved approval of the minutes of May 8, 2006, as amended, and May 15, 2006. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 05-22-06</STRONG><BR>Martha Parker, representing Clinton Lake Museum, presented invitations for the Clinton Lake Museum Open House to be held on June 10, 2006.</P> <P><STRONG>MISCELLANEOUS 05-22-06</STRONG><BR>Judy Billings, representing the Black Jack Trust, presented invitations for the 150th Anniversary of John Brown's Battle of Black Jack Sesquicentennial Commemoration to be held on Friday, June 2 and Saturday, June 3, 2006.</P> <P><STRONG>CONSENT AGENDA 05-22-06</STRONG><BR>Johnson moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 06-148. Order is on file in the office of the County Clerk;</LI> <LI>Approve Resolution No. 06-18 granting a special cereal malt beverage license to Pipeline Productions for Wakarusa Music Festival; and</LI> <LI>Pull "Consider Approval of Agreement with the Kansas Department of Transportation for Extension of E 1326 Road in Berg Acres Area" for discussion.</LI></UL> <P>Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>AGREEMENTS &amp; PUBLIC WORKS 05-22-06</STRONG><BR>The Board discussed an Agreement with the Kansas Department of Transportation for the extension of E 1326 Road south to Route 458 in conjunction with U.S. 59 freeway improvements. McElhaney noted he would abstain because he has a land interest in the area. Johnson made a motion to approve the Agreement with KDOT; Jones seconded and the motion carried with McElhaney abstaining.</P> <P><STRONG>ZONING 05-22-06&nbsp;<BR></STRONG>The Board discussed a request received from Stanley C. Hernly, Architect, for a text amendment to the Douglas County Zoning Regulations that would allow "self storage" or "mini-storage" as a permitted use in the "B-2" or General Business Districts of the County. Keith Dabney, Director of Zoning &amp; Codes, Sandra Day, staff member of the Lawrence-Douglas County Metropolitan Planning Department, and Stanley Hernly were present for the discussion. This request arises from the desire to build a combination boat/self/mini storage facility on a piece of property adjacent to Judy's Junction. </P> <P>Dabney explained that when the Zoning Regulations were adopted in 1966, this use either did not exist or was not contemplated in the regulations. Without a text amendment, this use is not allowed nor is it eligible to obtain a variance from the Douglas County Board of Zoning Appeals. Dabney recommended that the proposed text amendment be forwarded to the Planning Commission for consideration.</P> <P>Johnson stated that he was not in favor of modifying zoning regulations based on a single request. He stated he would support submitting it to the Planning Commission, but was not hopeful they would be in favor of the amendment. </P> <P>Jones stated he was not inclined to support the request because of issues with fire protection. There seems to be sufficient storage in town that would be more safe and secure, and the infrastructure in the city is better equipped to handle these types of facilities.</P> <P>McElhaney stated that he would not vote in favor of the request.</P> <P>Jones made a motion that the Board not forward the proposed text amendment to the Planning Commission. Motion was seconded by McElhaney and carried unanimously.</P> <P>The applicant returned later in the meeting to present an alternative proposal. No action was taken.</P> <P><STRONG>PROCLAMATION 05-22-06</STRONG><BR>David Johnson, Executive Director of Bert Nash, read a Proclamation proclaiming the month of May 2006 as "Mental Health Month." Johnson made a motion to adopt the Proclamation as read; Jones seconded and the motion carried unanimously.</P> <P><STRONG>PROPERTY VALUATION &amp; PURCHASING 05-22-06</STRONG><BR>The Board considered approval of a request to purchase an Oblique Imagery Database. Marion Johnson, County Appraiser, stated that Aerial Cartographics of America, Inc. contacted him about doing an Oblique Imagery Database pilot project in Douglas County. The cost of the pilot project to the County would be $39,000, compared to a total cost of $62,000 if the County was not a pilot project. With the pilot project, Douglas County would receive the oblique photography, the software, installation and training. The pilot project area would be the City of Lawrence, which covers 31.4 square miles and composes approximately 70 percent of the County's parcel count. Funding would come from the County's Equipment Reserve (Technology) Fund. The State of Kansas currently requires physical inspection on each piece of property every 6 years but may reduce that requirement with this type of new technology in the future. </P> <P>Jones asked why the County shouldn't wait to see what the Department of Revenue requires in the future. Marion Johnson replied that he didn't believe they would move on it until they actually see a product in place and understand how it can be used.</P> <P>Craig Weinaug, County Administrator, noted that this technology could significantly reduce field work.</P> <P>Jones questioned how often the data would need to be updated.&nbsp; Marion Johnson stated that the industry standard is currently being discussed. The general industry standard is every 2-3 years. This technology would enable staff to overlay current sketches on the photography to determine whether any changes have been made. Marion Johnson noted that he debated about this opportunity for some time before bringing it to the Board and believes it is an opportunity he should pursue.</P> <P>Johnson asked if we could afford the opportunity. Pam Madl, Assistant County Administrator, noted that a portion of the Register of Deeds Technology Funds are transferred to the Commissioner's account annually which can only be used for land use purposes; there are sufficient funds available for this purchase.</P> <P>Jones asked what the operating/integrating costs were. Marion Johnson responded that he didn't anticipate any since the personal computers were already on desktops. </P> <P>Jones questioned the maintenance costs. Marion Johnson stated that he didn't have that information. He noted that in the 15 years he has been the County Appraiser, his staff has been reduced from 21 to 14.&nbsp; He has arrived at the point of needing to develop ideas of getting things done in the field more efficiently and is having difficulty getting 1/6 of the properties looked at every year with four field appraisers.</P> <P>Jones stated he would prefer to wait and see if other counties jump on board. Johnson stated that he believed it should be done because of the anticipated work efficiencies and because it is the right time to do it -- not because of a cost savings. </P> <P>It was the consensus of the Board to table formal action until a later date.&nbsp;</P> <P>&#160;<STRONG>OUT-DISTRICT COLLEGE TUITION STATEMENTS 05-22-06<BR></STRONG>Jones made a motion to approve the eighteen (18) Out-District College Tuition Statements in the amount of $83,496. Motion was seconded by Johnson and carried with McElhaney opposed.</P> <P><STRONG>ACCOUNTS PAYABLE 05-22-06<BR></STRONG>Jones moved approval of accounts payable in the amount of $137,106.31 to be paid 05/22/06; Johnson seconded and the motion carried unanimously.</P> <P><STRONG>APPOINTMENTS 05-22-06</STRONG><BR>Johnson made a motion to reappoint Wes Smith to the Lawrence-Douglas County Housing Authority Board of Directors for a four-year term to expire on June 30, 2010. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>ZONING 05-22-06<BR></STRONG>The Board discussed an Application for a Class B &amp; Class C Public Fireworks Display Permit from the LHS Senior Boys Bash Parent Committee to be held on May 28, 2006. Keith Dabney, Director of Zoning &amp; Codes, explained that the Application was not yet complete but anticipated it might be ready in time for the May 24, 2006 Commission Meeting. Jones noted he would not be available for that meeting and made a motion that the permit be approved subject to McElhaney determining that the appropriate conditions are met. Motion was seconded by Johnson and carried unanimously.</P> <P>Johnson made a motion to adjourn; Jones seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P> <P>ATTEST:</P> <P><BR>_____________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member</P>

<P>Johnson called the meeting to order at 6:35 P.M. on Wednesday, May 31, 2006 with Johnson and McElhaney present. Jones was present via speaker phone. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 05-31-06</STRONG><BR>Johnson moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 06-150. Order is on file in the office of the County Clerk.</LI></UL> <P>Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PLANNING, ZONING &amp; RESOLUTIONS 05-31-06</STRONG><BR>The Board considered approval of a resolution extending the temporary prohibition of the issuance of permits for the construction or placement of dwellings and mobile homes on certain tracts relying on the 5-acre exemption. Keith Dabney, Director of Zoning and Codes, was present for the discussion. The current Home Rule Resolution No. HR-05-11-7 expires May 31, 2006, after which time if it is not extended, the 5-acre exemption g&#160;s back into effect.</P> <P>Grant Eichhorn, member of the Lawrence-Douglas County Metropolitan Planning Commission, briefed the Board on the Planning Commission's position. A subcommittee has been formed consisting of Planning Commission members Eichhorn, Dennis Lawson, Lisa Harris and John Haase with a deadline of August 1, 2006 for a report from the subcommittee. Planning Commission action would occur later in August. Eichhorn urged the Board to extend the moratorium. </P> <P>Scott Hammond asked the Board how long the moratorium had been in place and urged that the issue be moved forward. </P> <P>Johnson suggested a six month extension with September 1, 2006, as an interim date to determine if an agreement is likely to be reached.</P> <P>Hammond suggested that the six month extension be final.</P> <P>Jones made a motion to close the public hearing; Johnson seconded and the motion carried unanimously.</P> <P>McElhaney reiterated that he was not willing to extend the moratorium again as he stated when he voted for the first extension last November. He urged the other Commissioners not to extend the moratorium as a more effective way to get the job done.</P> <P>Jones stated that not extending the moratorium and then later adopting new regulations, would cause more inconsistencies in how development is treated.</P> <P>McElhaney expressed his opinion that very few members of the public support the moratorium.</P> <P>Johnson noted that six months ago he had stated that he would only extend the moratorium if we were moving toward resolution. He stated that he feels like the issue is close to being resolved and is willing to vote for an extension. He suggested that the moratorium be extended until December 31, 2006 noting that staff preparations for separate subdivision regulations should begin in September if it appeared at that time that the December 31, 2006 deadline might not be met.</P> <P>Jones made a motion to approve Home Rule Resolution No. HR-06-5-4 Providing for the Temporary Prohibition of the Issuance of Permits for the Construction or Placement of Dwellings and Mobile Homes on Certain Tracts Relying on the 5-Acre Exemption and Providing Certain Exceptions. Motion was seconded by Johnson and carried with McElhaney opposed.</P> <P>Jones and Johnson both stated they would not vote to extend the moratorium beyond December 31, 2006.</P> <P><STRONG>ACCOUNTS PAYABLE 05-31-06</STRONG><BR>Jones moved approval of accounts payable in the amount of $329,991.95 to be paid 05/30/06; payroll in the amount of $673,167.65; and electronic funds transfers in the amounts of $49,516.96 for FICA and $50,706.00 for KPERS to be paid 05/26/06. Motion was seconded by McElhaney seconded and carried unanimously.</P> <P>Johnson made a motion to adjourn; Jones seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;&nbsp; &nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P><BR>_____________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member</P>

<P>Johnson called the meeting to order at 8:34 A.M. on Monday, June 5, 2006 with all members present. The Pledge of Allegiance was recited.</P> <P>Jones moved approval of the minutes of May 10 and May 22, 2006. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>CONSENT 06-05-06<BR></STRONG>McElhaney moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 06-151, 06-152, and 06-153. Orders are on file in the office of the County Clerk;</LI> <LI>Note receipt of fee reports for the month of April, 2006;</LI> <LI>Pull the item "Consider approval of acquisition of road right-of-way for E 1300 Road between N 100 Road and N 150 Road, Project No. 2005-8 -- 6 of 8 tracts" for discussion; and</LI> <LI>Approve Annual Review of the Douglas/Jefferson Counties Regional Solid Waste Management Plan.</LI></UL> <P>Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PUBLIC WORKS &amp; AGREEMENTS 06-05-06</STRONG><BR>The Board discussed the acquisition of road right-of-way for E 1300 Road between N 100 Road and N 150 Road, Project No. 2005-8. Keith Browning, Director of Public Works/County Engineer, and Michael Kelly, County Surveyor, were present for the discussion. McElhaney asked whether the County would be compensated from the Kansas Department of Transportation for the right-of-way acquisitions. Kelly stated that this is a County purchase which would not be compensated by the State. McElhaney then made a motion to approve the following contracts for Project No. 2005-8: Thomas L. LaFountain and Lisa D. LaFountain; Roger A. Dressler and Norma J. Dressler; Tanya L. Moore; Harry A. North and Betty A. North; Larry W. Pippert and Lisa D. Pippert; and George Robert Butell. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>DISTRICT COURT &amp; BUDGET 06-05-06<BR></STRONG>Administrative Judge Robert Fairchild appeared before the Board to discuss compensation for indigent defense panel attorneys. The Legislature has approved an increase in the hourly fee for attorneys appointed to felony cases from $50 to $80. Local attorneys have asked for an increase in their fees for several years but have not had an increase since 1988. District Court will be asking for an increase in the hourly rate in addition to the 18% increase in the annual budget in upcoming budget hearings. </P> <P>Angie Stoller, President of the Douglas County Bar Association; Jim George, local attorney; Hatem Chalme, Vice President of the Douglas County Bar Association; Greg Robinson, local attorney; and Judge Paula Martin spoke in favor of the increase.</P> <P>Johnson stated for the record that his son is a licensed practicing attorney in Douglas County and serves as a member of the panel. It was the consensus of the Board that this would not be considered a conflict of interest. No action was taken. The increase will be considered during the 2007 budget hearings.</P> <P><STRONG>DISTRICT COURT &amp; BUDGET 06-05-06<BR></STRONG>Administrative Judge Robert Fairchild appeared before the Board to discuss changes in State law with regard to juror compensation rates. Kansas counties may choose to pay jurors $10 to $50/day for juror fees beginning July 1, 2006. Currently, jurors are paid $10/day. The Board requested that the Judge submit a recommendation regarding juror fee increases to the County Administrator for consideration during the 2007 budgeting process.</P> <P><STRONG>PUBLIC WORKS 06-05-06</STRONG><BR>The Board convened as Board of Directors of Hesper Charter Road Improvement District. Evan Ice, County Counselor, presented documents relating to the following described improvements:</P> <P>&nbsp;<STRONG>Resolution No. 05-18</STRONG><BR>&nbsp;Construction of aggregate base with chip sealed roadway surface and drainage structure replacements on the following roads within the District:</P> <P>&nbsp;N 1100 Road: from E 2200 Road thence east a distance of approximately 8,900 feet;<BR>&nbsp;N 1137 Road: all of that portion situated in Hesper Heights subdivision;<BR>&nbsp;E 2300 Road: from N 1100 Road thence north a distance of approximately 2,640 feet; and<BR>&nbsp;E 2300 Road: from N 1100 Road thence south a distance of approximately 1,320 feet</P> <P>The documents presented are as follows:</P> <P>&nbsp;Exhibit A - Statements of Final Costs<BR>&nbsp;Exhibit B - Assessment Roll Certification<BR>&nbsp;Exhibit C - Notice of Public Hearing<BR>&nbsp;Exhibit D - Forms of Notice of Hearing and Statement of Cost Proposed to be Assessed.</P> <P>Jones made a motion to take the following action:</P> <P>&nbsp;1.&nbsp;Approve each of said documents in substantially the form attached hereto;<BR>&nbsp;2.&nbsp;Establish June 21, 2006 at 6:30 P.M. to meet for the purpose of hearing any and all written or oral objections to the respective assessments set forth therein;<BR>&nbsp;3.&nbsp;Cause the County Clerk, as Secretary of the District, to publish Exhibit C in the official County newspaper not less than 10 days prior to such public meeting date;<BR>&nbsp;4.&nbsp;Mail Exhibit D to each and all owners of property affected by such assessments at their last known post office address on the same date as the publication of Exhibit C; and<BR>&nbsp;5.&nbsp;File each of said documents of record in the office of the County Clerk and make the same available for public inspection.</P> <P>Motion was seconded by McElhaney and carried unanimously.</P> <P>Ice then presented documents relating to the maintenance costs of the District for calendar year 2007:</P> <P>&nbsp;Exhibit A - Statement of Budgeted Maintenance Costs - 2007<BR>&nbsp;Exhibit B - Assessment Roll Certification<BR>&nbsp;Exhibit C - Notice of Public Hearing<BR>&nbsp;Exhibit D - Forms of Notice of Hearing and Statement of Cost Proposed to be Assessed.</P> <P>Jones made a motion to take the following action:</P> <P>&nbsp;1.&nbsp;Approve each of said documents in substantially the form attached hereto;<BR>&nbsp;2.&nbsp;Establish June 21, 2006 at 6:30 P.M. to meet for the purpose of hearing any and all written or oral objections to the respective assessments set forth therein;<BR>&nbsp;3.&nbsp;Cause the County Clerk, as Secretary of the District, to publish Exhibit C in the official County newspaper not less than 10 days prior to such public meeting date;<BR>&nbsp;4.&nbsp;Mail Exhibit D to each and all owners of property affected by such assessments at their last known post office address on the same date as the publication of Exhibit C; and<BR>&nbsp;5.&nbsp;File each of said documents of record in the office of the County Clerk and make the same available for public inspection.</P> <P>Motion was seconded by McElhaney and carried unanimously.</P> <P>McElhaney made a motion that the Board of Directors of Hesper Charter Road Improvement District adjourn; Johnson seconded and the motion carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 06-05-06</STRONG><BR>Jones moved approval of accounts payable in the amount of $358,658.78 to be paid 06/05/06. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>APPOINTMENTS 06-05-06</STRONG><BR>The Board noted receipt of the resignation of Karen Smith from the Douglas County Community Corrections Youth Services Advisory Board. Jones made a motion to appoint Erika Nilles-Plumlee, Lawrence, KS, to fill the unexpired term of Ms. Smith. Motion was seconded by McElhaney and carried unanimously. It should be noted that Ms. Nilles-Plumlee's term will expire April 1, 2008.</P> <P>Jones made a motion to adjourn; McElhaney seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P> <P>ATTEST:</P> <P><BR>_____________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;&nbsp;Charles Jones, Member<BR></P>

<P>Johnson called the meeting to order at 8:34 A.M. on Monday, June 5, 2006 with all members present. The Pledge of Allegiance was recited.</P> <P>Jones moved approval of the minutes of May 10 and May 22, 2006. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>CONSENT AGENDA 06-07-06<BR></STRONG>Jones moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 06-154. Order is on file in the office of the County Clerk.</LI></UL> <P>Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PUBLIC WORKS 06-07-06</STRONG><BR>The Board discussed Access Management Standards for roads in unincorporated Douglas County. Keith Browning, Director of Public Works/County Engineer, explained that the County Counselor is preparing a resolution that would adopt these standards. The last issue to be resolved in order to complete the resolution is the issuance of entrance permits on township-maintained roads. </P> <P>During discussions last fall concerning the proposed access management regulations, the Board expressed its desire to make the Public Works Department responsible for administering entrance permits on township maintained roads that are classified as Minor Collector or higher, following the implementation of revised access management regulations. The Board requested that the Public Works Department develop a procedure to administer entrance permits and provide an estimate of the cost of administering these entrance permits. </P> <P>Browning presented several scenarios. McElhaney asked whether any feedback had been received from the Townships. Browning stated he had not received any comments.</P> <P>Browning was directed to draft a resolution based upon the combination of Scenarios #2 and #3 to be returned for the Board's approval at a later date. No action was taken.</P> <P><STRONG>MISCELLANEOUS 06-07-06</STRONG><BR>The Board discussed the disposition of the County owned house in the 1100 block of Rhode Island. The following were present for the discussion: Michelle Roberts, Heather Krase-Minnick, KT Walsh, Rebecca Buford, Charles Gruber, and Janet Good. No action was taken.</P> <P>McElhaney made a motion to adjourn; Johnson seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P> <P>ATTEST:</P> <P><BR>_____________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;&nbsp;Charles Jones, Member<BR></P>

<P>Johnson called the meeting to order at 8:34 A.M. on Monday, June 12, 2006 with all members present. The Pledge of Allegiance was recited.</P> <P>Jones moved approval of the minutes of May 31, 2006. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>CONSENT AGENDA 06-12-06</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 06-155. Order is on file in the office of the County Clerk.</LI></UL> <P>Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PLANNING 06-12-06</STRONG><BR>The Board considered Item No. 4 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated May 22, 2006. This item is PF-04-08-06: Final Plat request for Eagle Ridge Subdivision No. 2, a replat of Lots 1 &amp; 2, Block 2, Eagle Ridge Subdivision, located at 786 N 988 Road. This proposed one-lot residential subdivision addition contains approximately 12.83 acres. Submitted by ILC of Topeka and Lawrence, LLC, for Jan Adamson, property owner of record. Paul Patterson, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. This item comes to the Board with a unanimous recommendation for acceptance of easements and right-of-way subject to the following condition:</P> <P>&nbsp;1.&nbsp;Provision of the following fees and recording documentation:<BR>&nbsp;&nbsp;a.&nbsp;Copy of paid property tax receipt;<BR>&nbsp;&nbsp;b.&nbsp;Recording fees made payable to the Douglas County Register of Deeds.</P> <P>McElhaney made a motion to approve PF-04-08-06 subject to the above condition.&nbsp; Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PLANNING 06-12-06<BR></STRONG>The Board considered Item No. 11 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated May 22, 2006. This item is CPA-2005-02: Comprehensive Plan Amendment (CPA) to Horizon 2020, Chapter 9 -- Parks, Recreation, and Open Space. Paul Patterson, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. This item comes to the Board with a recommendation for approval of the Comprehensive Plan Amendment. </P> <P>After discussion, Jones moved approval of CPA-2005-02 with the addendum that staff be directed to schedule a meeting with the Parks and Recreation Advisory Board to discuss the possibility of a consolidated City/County Parks and Recreation Department. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>ZONING 06-12-06</STRONG><BR>The Board considered approval of an Application for a Class C Public Fireworks Display Permit received from Patrick Halpin and Erin Callahan-Halpin to be held June 18, 2006.&nbsp; Keith Dabney, Director of Zoning and Codes, was present for the discussion. McElhaney moved approval of the Application; Jones seconded, and the motion carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 06-12-06<BR></STRONG>Jones moved approval of accounts payable in the amount of $198,305.95 to be paid 06/12/06; payroll in the amount of $690,391.04; and electronic funds transfers in the amounts of $50,788.54 for FICA and $52,945.34 for KPERS to be paid 06/09/06. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 06-12-06</STRONG><BR>Scott Campbell, Associate Director of the KU Field Station, appeared before the Board to discuss the activities and upcoming fund raising campaign for the Field Station. No action was taken.</P> <P>Jones made a motion to adjourn; McElhaney seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P><BR>_____________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Charles Jones, Member<BR></P>

<P>Johnson called the meeting to order at 8:31 A.M. on Monday, June 19, 2006 with all members present. The Pledge of Allegiance was recited.</P> <P>McElhaney moved approval of the minutes of June 5, 2006. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>CONSENT AGENDA 06-19-06</STRONG><BR>McElhaney moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 06-156, 06-157, and 06-158. Orders are on file in the office of the County Clerk;</LI> <LI>Pull the item "Consider purchase of Oblique Imagery Database" for discussion;</LI> <LI>Approve Confidentiality Agreement between FI Kansas Remediation Trust, Douglas County, Kansas, and the City of Lawrence, Kansas; and</LI> <LI>Accept the low bid received from KC Bobcat, Inc. in the amount of $33,287.79 for the purchase of one (1) skid steer loader.</LI></UL> <P>Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>COURTHOUSE 06-19-06</STRONG><BR>The Board considered approval of an Agreement for Consulting Services for the Douglas County Courthouse Preservation Project. In December of 2004, the County contracted with Treanor Architects and DGM Consultants to perform a condition assessment and to develop a multi-year preservation plan for the Douglas County Courthouse. The condition assessment has been completed and staff is ready to move toward the phase of contracting for the repairs. An agreement has been negotiated with DGM Consultants for the following professional consulting services:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P>Construction Document Design Services $79,700<BR>Bid Services (Phase I*) $5,500<BR>Construction Administration Services (Phase I*) $25,000<BR>Quality Assurance Services (Phase I*) $32,000<BR>Total Maximum (not-to-exceed) $142,200</P></BLOCKQUOTE> <P>*Phase I refers to repairs recommended to be completed in 2006-2007 (estimated at $500,000)</P> <P>After discussion, Jones made a motion to approve the contract with DGM Consulting Services in the amount not to exceed $142,200 and authorize the County Administrator to approve change orders up to 10% of that amount. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 06-19-06</STRONG><BR>Roxanne Miller, Chair of ECO2 Commission, presented the Third Annual Report of Progress on their plan for concurrent business/industrial park development and open space preservation. No action was taken.</P> <P><STRONG>PROCLAMATION 06-19-06</STRONG><BR>Sorcha Hyland, Hearing Coordinator for the Citizen Review Board, read a Proclamation proclaiming the week of June 25-July 1, 2006 as "Citizen Review Board Week." McElhaney made a motion to adopt the Proclamation as read; Jones seconded and the motion carried unanimously.</P> <P><STRONG>RURAL WATER DISTRICTS 06-19-06</STRONG><BR>Lance Johnson, Peridian Group, presented Petitions for the formation of three sanitary benefit districts. The Lawrence City Commission had unanimously voted in support of the formation of these districts.</P> <P>Jones stated he wanted to be sure the County approved something that is consistent with what the City wants. He noted that he would be more comfortable if the Southeast Area Plan had been better defined. Jones asked whether there were any property owners that were opposed to participating in the benefit district. Lance Johnson stated that the petition d&#160;s not include any property owners that do not want to be a part of the benefit district.</P> <P>Craig Weinaug, County Administrator, noted that the Petition had not been reviewed by the County Engineer. It was the consensus of the Board to table action until the Petition had been reviewed by the County Engineer.</P> <P><STRONG>RURAL WATER DISTRICTS 06-19-06</STRONG><BR>The Board discussed annexation issues with representatives of the rural water districts. No action was taken.</P> <P><STRONG>ACCOUNTS PAYABLE 06-19-06</STRONG><BR>Jones moved approval of accounts payable in the amount of $200,217.86 to be paid 06/19/06; McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>PROPERTY VALUATION &amp; PURCHASING 06-19-06</STRONG><BR>The Board discussed the purchase of an Oblique Imagery Database. Marion Johnson, Douglas County Appraiser, was present for the discussion. This item was previously discussed by the Board on May 22, 2006. After discussion, McElhaney made a motion to approve Douglas County's participation in an Oblique Imagery Database pilot project. Motion was seconded by Jones and carried unanimously. It should be noted that the cost of the pilot project is $39,000 and that the project area is the City of Lawrence.</P> <P><STRONG>MISCELLANEOUS 06-19-06</STRONG><BR>At 10:25 A.M. Johnson made a motion that the Board recess to go into Executive Session with Craig Weinaug, County Administrator; Pam Madl, Assistant County Administrator; and Evan Ice, County Counselor, until 10:55 A.M. to discuss potential litigation. Motion was seconded by Jones and carried unanimously. The Board returned to regular session at 10:52 A.M. No action was taken.</P> <P>Jones made a motion to adjourn; McElhaney seconded and the motion carried<BR>unanimously.</P> <P></P> <P>_____________________________ _____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P> <P>ATTEST:</P> <P><BR>_____________________________ _____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member<BR></P>

<P>Johnson called the meeting to order at 6:33 P.M. on Wednesday, June 21, 2006 with all members present.</P> <P><STRONG>CONSENT AGENDA 06-21-06<BR></STRONG>There were no consent items.</P> <P><STRONG>PUBLIC WORKS &amp; RESOLUTIONS 06-21-06</STRONG><BR>The Board convened as the Board of Directors of Hesper Charter Road Improvement District. Evan Ice, County Counselor, was present. The President opened a public hearing for the purpose of receiving written or oral objections and considering proposed assessments for the costs of certain road improvements authorized by Resolution No. 05-18. No comments were received. Jones made a motion to close the public hearing; McElhaney seconded and the motion carried unanimously. </P> <P>Jones then moved approval of Resolution No. 06-19, a Resolution Levying and Assessing Special Assessments on Certain Lots, Pieces and Parcels of Land Liable for Such Special Assessments to Pay the Costs of Road Improvements in Hesper Charter Road Improvement District, Douglas County, Kansas; as Heretofore Authorized by Resolution No. 05-18 of the District; and Providing for the Collection of Such Special Assessments. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PUBLIC WORKS &amp; RESOLUTIONS 06-21-06</STRONG><BR>The President opened a public hearing for the purpose of receiving written or oral objections and considering proposed assessments for budgeted maintenance costs of roads within the District for 2007. No comments were received. Jones made a motion to close the public hearing; McElhaney seconded and the motion carried unanimously.</P> <P>Jones then moved approval of Resolution No. 06-20, a Resolution Levying and Assessing Special Assessments on Certain Lots, Pieces and Parcels of Land Liable for Such Special Assessments to Pay Budgeted Maintenance Costs for 2007 of Roads in Hesper Charter Road Improvement District, Douglas County, Kansas to be Paid through Special Assessments; and Providing for the Collection of Such Special Assessments. Motion was seconded by Johnson and carried unanimously.</P> <P>Johnson made a motion that the Board of Directors of Hesper Charter Road Improvement District adjourn; Jones seconded and the motion carried unanimously.</P> <P><STRONG>PUBLIC WORKS &amp; SEWER DISTRICTS 06-21-06<BR></STRONG>The Board noted receipt of the following petitions:</P> <UL> <LI>Petition for the Formation of a Sanitary Sewer Benefit District to be Named "Southeast Lawrence Sanitary Sewer Main Benefit District No. 1";</LI> <LI>Petition for the Formation of a Sanitary Sewer Benefit District to be Named "Southeast Lawrence Sanitary Sewer Main Benefit District No. 2"; and</LI> <LI>Petition for the Formation of a Sanitary Sewer Benefit District to be Named "Southeast Lawrence Sanitary Sewer Main Benefit District No. 3."</LI></UL> <P>Craig Weinaug, County Administrator, noted that the City Commission unanimously approved financial participation contingent upon approval of a City/County Cooperation Agreement and final City staff approval of the sanitary sewer plans. </P> <P>Jones made a motion to accept the petitions and directed staff to take appropriate actions. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>ZONING 06-21-06</STRONG><BR>The Board considered approval of an Application for a Class B Public Fireworks Display Permit received from David Blevins, 1016 N 1138 Road. Keith Dabney, Director of Zoning and Codes, noted that property owners within 1000 feet were notified of the Application, resulting in the receipt of one (1) letter opposing approval of the permit. Dabney also noted that the regulations do not prohibit a fireworks display in A-1 zoning.</P> <P>Jones asked what was the purpose of the display. Dabney stated he was not sure. &nbsp;Johnson questioned whether any criteria was set as to what the purposes needed to be when the regulations were adopted. Dabney stated there were none.&nbsp;McElhaney suggested that there may be a need to define special occasions for applications of fireworks permits.</P> <P>Johnson recalled talking about the need for a permit process and the need for a professional to be involved when applying for a Class B Permit, but if it's demonstrated this is not a good thing to approve within a subdivision because of noise, property damage, and/or complaints, the Board may need to revisit the issue. However, it seems unfair to impose that restriction now since there is no basis for denying it at this time.</P> <P>Betty McElhaney noted concerns about the size of the fireworks, noise, and the effects it could have on livestock. </P> <P>Jones stated he would not support the application noting concerns about the fall-out area, which is shown to be on an adjoining property, the owner of which is opposed to the permit. </P> <P>Johnson stated he was inclined to approve the permit since it meets the criteria as set out; however, the Board may need to rethink the criteria and tighten up the regulations if there are a lot of complaints after this holiday season. He stated that he would prefer that the fallout area be confined to the property for which the owner is requesting the permit. Johnson then made a motion to approve the Application for a Class B Public Fireworks Display Permit; McElhaney seconded and the motion carried with Jones opposed.</P> <P><STRONG>MISCELLANEOUS 06-21-06<BR></STRONG>At 7:20 P.M., Johnson made a motion that the Board recess to go into executive session until 7:40 P.M. with Craig Weinaug, County Administrator, to discuss personnel. Motion was seconded by Jones and carried unanimously. The Board returned to regular session at 7:36 P.M. No action was taken.</P> <P>Johnson made a motion to adjourn; Jones seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P> <P>ATTEST:</P> <P><BR>_____________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member<BR></P>

<P>Johnson called the meeting to order at 6:35 P.M. on Wednesday, June 28, 2006 with all members present. Also present were Jefferson County Commissioners David Christy, Lynn Luck and Francis Grollmes. The Pledge of Allegiance was recited.</P> <P>Jones moved approval of the minutes of June 7 and June 12, 2006. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PROCLAMATION 06-28-06<BR></STRONG>Kerry Tummons, Executive Director of Court Appointed Special Advocates (CASA), read a Proclamation proclaiming the week of June 25-July 1, 2006 as "CASA Week." Jones moved approval of the Proclamation as read; McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>CONSENT AGENDA 06-28-06</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order Nos. 06-159 and 06-160. Orders are on file in the office of the County Clerk.</LI></UL> <P>Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>ZONING 06-28-06<BR></STRONG>The Board considered approval of an Application for a Class B Public Fireworks Display Permit received from Stull United Methodist Church -- Youth Fellowship. The location of the display will be held at 215 N 1600 Road, Lecompton, Kansas on Saturday, July 1, 2006 at 9:45 P.M. McElhaney made a motion to approve the Application; Johnson seconded and the motion carried unanimously.</P> <P><STRONG>EMERGENCY MANAGEMENT 06-28-06<BR></STRONG>Paula Phillips, Director of Emergency Management, presented a Continuity of Government/Continuity of Operations Plan proposal for the Board's consideration. Phillips explained that federal, state and local governments have determined that it is imperative that each level of government and jurisdiction develop and maintain a Continuity of Government/Continuity of Operations Plan (COG/COOP). COG/COOP planning is designed to develop and maintain a plan that enables a unity of government to preserve, maintain, and/or reconstitute its capability to function effectively in the event of the threat or occurrence of any disaster or emergency that could potentially disrupt government operations and services. </P> <P>The Department of Homeland Security and FEMA have developed guidance documents and provided funding to assist local governments in COG/COOP activities. Kansas is using State Homeland Security Program (SHSP) Emergency Management Performance Grant (EMPG) funds to assist county government in this effort.</P> <P>Douglas County Emergency Management has been provided FFY06 EMPG funds specifically for COG/COOP activities. The State developed plan guidance and proposals, and selected Tallgrass Technologies as the vendor for this activity. Tallgrass has been working with counties throughout the State completing the COP/COOG Plans according to State requirements and with State funds. This ensures that all county Continuity of Operations Plans also meet the federal guidelines. Tallgrass Technologies proposes COOP/COG Plan activities begin August 1, 2006 and conclude by November 30, 2006. The cost of the project is $55,000. The FFY2006 Emergency Management Performance Grant will cover the entire cost of the COOP/COG Plan.</P> <P>After discussion, Jones made a motion to accept the Continuity of Government/Continuity of Operations Plan proposal as arranged by the State of Kansas using Tallgrass Technologies as the vendor, authorize the use of FFY06 EMPG funds to pay for the project, and authorize the Douglas County Emergency Management Director to sign the Letter of Engagement. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>PUBLIC WORKS &amp; BRIDGES 06-28-06</STRONG><BR>The Board discussed the deck replacement project for the Kansas River Bridge at Lecompton. Keith Browning, Director of Public Works/County Engineer; Mark Workman, Civil Engineer; Mike Perkins, Public Works Operations Division Manager; George Pogge, Jefferson County Public Works Director, and Craig Mattox, Finney &amp; Turnipseed, were present for the discussion. Browning noted that a study report prepared by Finney &amp; Turnipseed examining alternatives for the bridge rehabilitation and deck replacement has been submitted and circulated.&nbsp; </P> <P>Mattox conducted a presentation of the report and its findings, which includes the following issues:</P> <P><U>Issue #1 -- Construction Alternatives</U><BR>The report concludes that it is possible to phase construction to allow one lane to remain open during construction. Concerns with phasing construction include:</P> <UL> <LI>Estimated construction duration of 320 days vs. 125 days (using incentives) if the bridge is closed during construction.</LI> <LI>Even if one lane is left open, it is estimated the bridge would require closure to all traffic for approximately 60 days (of the total 320 days) during and following concrete pours. These closures could not workably be planned in advance.</LI> <LI>Temporary traffic signals would require a long cycle time of 2 minutes, 40 seconds. It can be anticipated that some drivers will not elect to wait through the long cycle time. In addition to the obvious safety concern, drivers not obeying the traffic signals may cause significant traffic tie-ups on the bridge.</LI></UL> <P>Concerns with closing the bridge to all traffic during construction are clear, i.e. long detours would be required to cross the river at either Topeka or Lawrence. The report estimates the costs to users of the long detours.</P> <P>It should be noted that estimated construction durations for both alternatives do NOT include the time required to repaint the superstructure. For both alternatives, this would be done under traffic (likely using flaggers or possibly temporary signals) following completion of the deck replacement.</P> <P><U>Issue #2 -- Replacement Deck Width<BR></U>The report concludes it is possible to replace the existing 28' roadway width bridge deck with a 30' roadway width bridge deck. However, a 30' roadway width bridge deck would result in significantly lower load ratings which could reduce the bridge's remaining life.</P> <P>McElhaney asked what the time frame would be between closures if the phased option were chosen. Mattox stated there would be several weeks in between closures.</P> <P>McElhaney questioned whether OSHA allows crews to work 24 hours per day. Mattox noted they were allowed to work around the clock; however there is a noise ordinance in Lecompton.</P> <P>Jones noted that construction could take longer in the phased construction (anticipated 320 days) since we're dealing with more seasons/weather situations. He then questioned the center joint issue if the phased construction was pursued. Mattox stated that from an engineering viewpoint, joints typically become maintenance problems. </P> <P>Jones stated that the critical question in his mind is how to get kids to school -- which option would be the least disruptive to school attendance. He cited an example of a pour in October when the bridge would have to be closed for several days and children will be required to use the detour during daylight savings time when conditions are not as favorable. He questioned how much notice would be given and how residents would be notified when the bridge would be closed for the pours. Mattox noted that 72 hour notice is typical, but seven (7) days notice can be required as a contractual issue. They will likely use a message board on both sides of the bridge as notification. </P> <P>Luck pointed out that the report made no mention of the impact of total closure on businesses in Lecompton. The summer months are the busiest time for these businesses because of Lake Perry. She also noted concerns about losing school students to other school districts because of the closure. This could result in long-term hardships.</P> <P>Christy questioned whether enough rain days were built into the estimated time lines.</P> <P>Johnson then asked for public comment.</P> <P>Bruce Liese thanked the Boards for their time and openness. He presented a petition containing 1,500 signatures asking that the bridge remain open. Liese conducted a brief presentation outlining the economic impacts if the bridge were closed.</P> <P>Hannah Fair read a letter urging the Board not to close the bridge.</P> <P>Les Hannon suggested building another bridge alongside the main bridge. He noted the army's technique of building temporary bridges.</P> <P>Steve Johnston, Superintendent of the Perry Lecompton School District, noted concerns about the cost to taxpayers and citizens of the school community. He also discussed concerns about the length of time the students will be on buses. He suggested that if the Boards choose to close the bridge, they consider starting the project in April instead of May in the hope that the project would be completed before the next school year.</P> <P>Brenda Hastert, cosmetologist, noted that 30% of her business travels across the bridge. She read a letter from the owners of the Perry Carpet Shack urging the Boards to keep the bridge open.</P> <P>Vicky Bahnmaier, Postmaster of Lecompton, discussed the impact on mail service should the bridge close.</P> <P>Tiffany Ball read a letter from the owners of Worthington's Hardware Store. She noted that there are still activities at the schools during the summer months. She also noted that the designated detours are not very good roads -- Midland Junction has had several terrible accidents and Highway 40 is also a dangerous road. </P> <P>Robin Kofford read a letter from another business owner who is in favor of leaving one lane open. She pointed out that the school lunches are delivered from Perry to Lecompton and closure of the bridge would have an impact on that delivery. </P> <P>Greg Foley spoke in support of keeping one lane open.</P> <P>Bill Smith suggested the possibility of building a second bridge.</P> <P>Paul Bahnmaier thanked Browning for keeping the Lecompton United Methodist Church updated on the progress of the project so they could include it in their newsletter. He noted that the ECO2 Commission has proposed a two million dollar footbridge across the river which should be considered a luxury. He asked the Board to consider the economic impact on Lecompton should the bridge be closed. He then requested that signage be clear on the turnpike no matter the decision.</P> <P>Johnson made a motion to close the public hearing. Jones seconded and the motion carried unanimously.</P> <P>McElhaney stated that it is clear that the best case scenario for this project is the temporary closure of the bridge. However, he supports keeping one lane open in order to defeat the social injustices.</P> <P>Jones stated he was concerned about safety and no matter which choice is made, there will be risks involved. Kids will have to drive an alternative route at some point no matter which option is chosen. He stated he believed it would be better to close the bridge during the summer months when there is maximum daylight and the chances of severe weather are lesser. There is also some degree of safety for the workers to close the bridge. </P> <P>Johnson stated he was moved by the testimonies of the speakers. He stated he believed it would be best to close the bridge. We have almost a year to plan in advance how to handle mail delivery concerns and work something out between the school districts. Johnson then made a motion that the Board replace the existing deck in-kind with a 28' roadway width bridge deck and to subscribe to the idea of total closure of the bridge during construction. Motion was seconded by Jones and carried with McElhaney opposed.</P> <P><STRONG>ACCOUNTS PAYABLE 06-28-06<BR></STRONG>Jones moved approval of accounts payable in the amount of $1,215,276.39 to be paid 06/26/06; Johnson seconded and the motion carried unanimously.</P> <P>Johnson made a motion to adjourn; Jones seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P><BR>_____________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Charles Jones, Member<BR></P>

<P>Johnson called the meeting to order at 6:35 P.M. on Wednesday, July 5, 2006 with Bob Johnson and Charles Jones present. Jere McElhaney was absent.</P> <P>Jones moved for approval of the minutes of June 28, 2006. Motion was seconded by Johnson and carried.<BR>&nbsp;<BR><STRONG>CONSENT AGENDA 07-05-06</STRONG><BR>Johnson moved for the approval of the following Consent Agenda.</P> <UL> <LI>Approve Commissioners Order No. 06-161. Order is on file in <BR>&nbsp;the office of the County Clerk.</LI> <LI>Approve acquisition of easements for Project No. 2005-8; E 1300 Road; 100N to 150N between Douglas County, Kansas and Mary J. Traul Fennewald and Carl Alan Fennewald; and Douglas County, Kansas and Paul E. Persinger and Lutitia M. Persinger.</LI></UL> <P>Motion was seconded by Jones and carried.</P> <P><STRONG>PLANNING 07-05-06<BR></STRONG>The Board considered the following Planning items: </P> <P>Item No. 12 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated September 26, 2006. This item is TA-07-04-05: Consider Text Amendments to Article 12 of the City/County Subdivision Regulations; Chapter 21, of the Code of the City of Lawrence, that pertain to the enforcement and exceptions to building setbacks which are solely the result of a governmental taking for public right of way, easements or other governmental use. Initiated by the City Commission at their meeting on September 6, 2005; and</P> <P>Item No. 8 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated April 17, 2006. This item is TA-01-01-06: Consideration of repeal or amendment of the 50’ setback along W. 6th Street/US 40 between Monterey Way &amp; Wakarusa Drive (Chapter 21, Article 12). Initiated by the City Commission on January 17, 2006. </P> <P>Dan Warner, staff member of the Lawrence-Douglas County Metropolitan Planning Department, was present for the discussion. Tim Herndon, representative for Landplan Engineering, requested that the issues be addressed separately. </P> <P>TA-07-04-05 amends Chapter 21, Article 12, Section 21-1201, 21-1202, 21-1203, 21-1204, of the Code of the City of Lawrence, Kansas, 2003, are hereby amended to read as follows:</P> <P><STRONG>ARTICLE 12. BUILDING SETBACKS, ENFORCEMENT, EXCEPTIONS</STRONG></P> <P><STRONG>21-1201.&nbsp;BUILDING OR SETBACK LINES ON MAJOR STREETS OR HIGHWAYS.<BR></STRONG>Building and parking setback lines are hereby established on certain major streets or highways as follows: West Sixth Street from County Route 13 to Monterey Way: setback line of 50 feet.</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P dir=ltr style="MARGIN-RIGHT: 0px"><STRONG>21-1202.1.&nbsp;EXCEPTIONS.<BR></STRONG><EM>&nbsp;&nbsp;&nbsp;&nbsp; <U>(A)&nbsp;&nbsp; In the event that a governmental taking or acquisition for right of way, easement or other governmental use would reduce a setback that previously complied with this Article, that reduction in setback shall not be deemed to constitute a violation of this Article.<BR></U></EM>&nbsp;&nbsp;&nbsp; &nbsp;(B)&nbsp;&nbsp; Any non-conforming residential building or structure located within the 50 foot building and parking setback, which is damaged by fire, flood, explosion, wind, earthquake, war, riot, or other calamity or Act of God, may be restored or reconstructed provided; said restoration or reconstruction occurs on the original foundation. The building or structure may not be rebuilt to a greater density than existed before the damage.</P> <P><STRONG>21-1202.2.&nbsp;APPEALS-SETBACKS</STRONG>.<BR>Notwithstanding Article 8 of this Chapter, any appeal of the building and parking setback line established for major streets or highways shall be to the Board of Zoning Appeals, <U><EM>provided that no appeal shall be required in the instance of the reduction in a setback resulting from a governmental taking or acquisition for right of way, easement or other governmental use, as provided in Section 21-1202.</EM></U> The Board of Zoning Appeals shall have the power to modify or vary the building and parking setback line in specific cases in order that unwarranted hardship, which constitutes a complete deprivation of use as distinguished from merely granting a privilege, may be avoided. In the absence of such a hardship, the intended purpose of the building and parking setback line shall be strictly observed.</P> <P><STRONG>21-1203.&nbsp;ENFORCEMENT.<BR></STRONG>No building or occupancy permit shall be issued for any new building within the plat approval jurisdiction of the City of Lawrence, or the unincorporated land in Douglas County, which fails to comply with the requirements of this Article.</P> <P>SECTION II. Chapter 21, Article 12, Section 21-1205, of the Code of the City of Lawrence, Kansas, 2003, is hereby enacted to read as follows:<BR>&nbsp;<BR><U><STRONG><EM>21-1205. &nbsp; INTERPRETATION</EM></STRONG></U><BR><EM><U>The provisions of this Article shall not be interpreted to deprive the owner of any existing property or of its use or maintenance for the purpose to which such property is then lawfully devoted.</U></EM></P></BLOCKQUOTE> <P>Jane Eldredge, attorney, asked for clarification on the text presented in the resolution recently adopted by the City of Lawrence as to what the official effective date would be. It was determined that the official effective date would be the date of publication of the Joint Ordinance/Resolution.</P> <P>Jones moved approval of TA-07-04-05 as worded; Johnson seconded, and the motion carried.</P> <P>Herndon requested the Board’s approval of Item No. 8 (TA-01-01-06) as recommended by Planning Staff. It should be noted that the Planning Commission did not make a recommendation.</P> <P>TA-01-01-06 proposes the following text amendment:</P> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px"> <P><STRONG>ARTICLE 12. BUILDING SETBACKS, ENFORCEMENT, EXCEPTIONS</STRONG></P> <P><STRONG>21-1202.&nbsp;&nbsp; BUILDING OR SETBACK LINES ON MAJOR STREETS OR HIGHWAYS.<BR></STRONG>(A) Building and parking setback lines are hereby established on certain major streets or highways as follows: West Sixth Street from County Route 13 to Wakarusa Drive and West Sixth Street from Monterey Way to Folks Road: setback line of 50 feet.</P> <P>(B) Building setback limits on West Sixth Street between Wakarusa Drive and Folks Road shall be based upon the approved zoning for each tract.<BR>&nbsp;&nbsp;<BR>Jones moved to approve both items as worded. Motion was seconded by Johnson and carried.&nbsp;&nbsp; </P></BLOCKQUOTE> <P><STRONG>PUBLIC WORKS 07-05-06</STRONG><BR>The Board considered approval of Resolution Establishing Access Management Standards. Keith Browning, Director of Public Works, presented this item. Browning explained the proposed resolution establishes access management standards for all roadways in the unincorporated areas. Upon approval, the proposed resolution establishes (1) initial road classifications, (2) minimum road frontage requirements in order to obtain a building permit; (3) entrance spacing standards, (4) corner clearance standards, and (5) minimum public road spacing standards.</P> <P>Section 9-508, covering the issuance of entrance permits on township maintained roads classified as Minor Collector or higher, has been revised to reflect the Board’s discussion from the June 7th meeting. The specific provisions in Section 9-508 have not been discussed with the townships. Implementing this portion of the resolution will require some time and coordination between this department and the townships. It is not felt this should delay the Board’s approving the resolution.</P> <P>Discussion addressed the issue of roads per previous discussion. A 250-foot frontage is required per resolution to minimize the flag shaped lot. Johnson asked for investigation on frontage requirements, questioned whether the engineer has the right to determine if the access is unsafe. Johnson questioned if the engineer can deny access for certain use, but not for the property. Johnson commented on whether the owner can have some way to allow access to property from a different approach. </P> <P>The commissioners deferred this item for further review.</P> <P><STRONG>ACCOUNTS PAYABLE 07-05-06</STRONG><BR>Johnson moved approval of accounts payable in the amount of $238,773.49 to be paid 07/03/2006 and Wire Transfer in the amount of $267,318.60 on 06/28/06. Jones seconded and the motion carried.</P> <P><STRONG>APPOINTMENTS 07-05-06</STRONG><BR>Johnson made the motion to appoint Nancy Espinosa, Lawrence, KS, to a 2-year term to expire July 5, 2008, to the vacant position on the Community Corrections Advisory Board. Motion was seconded by Jones.<BR>&nbsp;&nbsp;<BR>&nbsp;Johnson made the motion to appoint Robert Rhoton, Lawrence, KS, to the ECO2 Commission for a 4-year term which shall expire on July 31, 2010. It should be noted Rhoton replaces Jim Roberts, who is retiring after his first term. Motion was seconded by Jones and carried unanimously.&nbsp;</P> <P>Johnson made a motion to adjourn; Jones seconded and the motion carried.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Charles Jones, Member</P> <P>ATTEST:</P> <P><BR>&nbsp;&nbsp;_____________________________&nbsp;<BR>&nbsp;&nbsp;Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp; </P> <P>&nbsp;</P>

<P>Johnson called the meeting to order at 8:36 a.m. on Monday, July 10, 2006 with all members present. The Pledge of Allegiance was recited.</P> <P>McElhaney moved approval of the minutes of June 19 and June 21, 2006. Motion was seconded by Jones and carried unanimously. </P> <P><STRONG>CONSENT AGENDA 07-10-06</STRONG><BR>McElhaney moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Ordinance No. 7949/Resolution No. 06-21, a joint Ordinance/Resolution of the City of Lawrence, Kansas, and the Board of County Commissioners of Douglas County, Kansas, amending the joint subdivision regulations, Chapter 21 of the “Code of the City of Lawrence, Kansas, 2003,” and amendments thereto, specifically amending the subdivision regulations pertaining to building setback lines on major streets or highways;</LI> <LI>Approve Ordinance No. 8004/Resolution No. 06-22, a Joint Ordinance/Resolution of the City of Lawrence, Kansas, and the Board of County Commissioners of Douglas County, Kansas, amending the joint subdivision regulations, Chapter 21 of the “Code of the City of Lawrence, Kansas, 2003,” and amendments thereto, specifically amending the subdivision regulations pertaining to the enforcement and exceptions to building setbacks which are the result of governmental takings for public right of way, easements or other governmental use.</LI></UL> <P>Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PLANNING 07-10-06<BR></STRONG>The Board considered SP-05-44-06: Custom Coatings. Sheila Stogsdill, Acting Director of the Lawrence-Douglas County Metropolitan Planning Department, was present for the discussion along with Paul Werner, of Paul Werner Architects and Tom Armstrong, owner of Custom Coating. The applicant proposes to develop an 80’ x 150’ = 12,000 square foot industrial manufacturing building and 30’ x 40’ = 1,200 square foot project receiving and preparation building, located in and I-2 (Light Industrial) zoning district. The existing 3.1 acre property is vacant and is described as Maple Grove North No. 3, Lot 2, a county plat located between two pieces of incorporated (City of Lawrence) land. The request is submitted Paul Werner Architects, agent for Custom Coatings, property owner of record.</P> <P>Access to the lot is from the existing private Maple Grove cul-de-sac located on the east side of Highway 24/59, approximately 600’ north of Highway 24/40 (just north of the Maple Grove Cemetery). County zoning of the property is I-2 (Light Industrial) District, which is intended primarily for light manufacturing, fabricating, warehousing and wholesale distributing as permitted uses. The site plan states the use of the property to be custom coatings and metal/avidoor.</P> <P>Staff recommends approval of the proposed site plan subject to the following conditions:&nbsp; </P> <OL> <LI>Approval of a septic system construction permit prior to release of the site plan for building permits. Any approved septic fields shall be shown on the site plan and may not encroach on driveway, parking, storage areas, or utility easements.</LI> <LI>Provide a note on the face of the site plan that indicates:<BR>a) “The use of the property shall not interfere with the operation of the Lawrence Municipal Airport per Section 20-302 of the Lawrence Zoning Ordinance, July 1, 2006.”<BR>b) “A revised site plan must be submitted for review and approval prior to construction of labeled future improvements.”</LI> <LI>Provide the following technical corrections to the site plan:<BR>a)&nbsp;Modify note no. 2.6 to reference Lot 2 rather than Lot 1.<BR>b)&nbsp;Modify note no. 2.7 to change ‘sanitation sewer improvements’ to ‘sanitary sewer improvement’.<BR>c)&nbsp;Label the perimeter of sidewalk and landscaped areas to indicate where curbing, if any is to be installed.</LI> <LI>Provision of a floodplain development permit from the Douglas County Zoning &amp; Codes Division, prior to any alteration, encroachment or substantial improvement to the existing property per Douglas County Code Article 28.</LI></OL> <P>The business is currently located in North Lawrence. Jones stated concern about the amount of traffic on Highway, with trucks along 24/40 and the need to keep an eye on traffic situations. Johnson stated the lateral field appears to be close to the property line. Paul Werner responded that the plan calls for the normal amount of systems with low use. No parking or traffic is allowed over the lateral field. Jones raised environmental concerns about the residue from sandblasting. The Owner indicated that very small amounts of debris remain from the sandblasting process.&nbsp; The Board discussed the disposal of the debris coating. </P> <P>McElhaney moved to approve SP-05-44-06 subject to the above-listed conditions. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PUBLIC WORKS &amp; RESOLUTIONS 07-10-06<BR></STRONG>The Board considered approval of a resolution authorizing the offering for sale of General Obligation Bonds, Series 2006-A, of Douglas County, Kansas. After discussion, McElhaney moved for approval of Resolution No. 06-23 authorizing the offering for sale of General Obligation Bonds, Series 2006-A, of Douglas&nbsp; County, Kansas. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>YOUTH SERVICES &amp; GRANTS 07-10-06</STRONG><BR>The Board considered for approval of the Conditions of Grant from the Kansas Juvenile Justice Authority to the Douglas County Board of County Commissioners. Pam Weigand, Director of Youth Services, addressed the dollar amount within the grant application and confirmed that Douglas County meets all of the conditions for the application. Jones moved to approve the agreement on Conditions of Grant from the Kansas Juvenile Authority to the Douglas Board of County Commissioners. Motion was seconded by Johnson and carried and carried unanimously.</P> <P><STRONG>EMERGENCY MANAGEMENT 07-10-06</STRONG><BR>The Board discussed the FFY06 Homeland Security Grant Funds. Paula Phillips, Director of Emergency Management, and Mike Russell, Emergency Management Board Representative, asked for the approval of $105,405, the amount the County will be able to submit in proposals for the Douglas County first responders to utilize $61,020 of State Homeland Security Grant Program (SHSGP), and $44,385 in Law Enforcement Terrorism Protection (LETPP) Program funds. </P> <P>The recommendation for the $61,020 SHSGP funds are broken down as follows: $28,000 for a Light Search &amp; Rescue Strut System and $33,000 for a stockpile of personal protective equipment. The recommendation for the $44,385 LETPP funds is broken down as follows: $37,000 for a finger print system and $7,000 for a walk-through metal detector for the jail. Jones asked about the expiration dates on supplies used. Mike Russell responded that the oldest supplies are used first; the goal is to stock pile equipment for all emergencies for law enforcement, fire and medical so that all agencies can access supplies. Presently, each agency is responsible for its own supplies; there are 32 Douglas County first responder agencies.</P> <P>The commissioners questioned the use of the older metal detector units in the Judicial &amp; Law Enforcement building, and whether these units could be moved to the jail rather than purchase new equipment.</P> <P>Discussion of this item was deferred to the Tuesday, July 11, 2006 meeting. No action taken.</P> <P><STRONG>ACCOUNTS PAYABLE 07-10-06</STRONG><BR>Johnson moved approval of accounts payable in the amount of&nbsp; $99,225.82 to be paid 07/10/2006; payroll in the amount of $5,960.00; electronic funds transfers in the amounts of $457.46 for FICA; and $134.62 for KPERS to be paid 06/30/06; payroll in the amount of $712,239.36; electronic funds transfers in the amounts of $52,447.53 for FICA; and $56,311.17 for KPERS to be paid 06/23/06; payroll in the amount of $697,781.99; electronic funds transfers in the amounts of $51,318.11 for FICA; and $52,128.81 for KPERS to be paid 07/07/06. Motion was seconded by Jones and carried.</P> <P><STRONG>MISCELLANEOUS 07-10-06</STRONG><BR>Jones reported on an issue impacting the plans to clean up the Farmland property using the Trust Fund established by the Kansas Department of Health &amp; Environment (KDHE). Jones indicated that since the potential land uses of the Farmland property would be impacted by the clean-up plan approved by KDHE, both the City Commission and the County Commission should have input into the decision as to whether the clean-up plan should be approved. The Board discussed the need for a letter to be mailed to KDHE. Johnson moved to approve the draft copy of the letter.&nbsp; Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>BUDGET 07-10-06<BR></STRONG>The Board conducted a work session on the 2007 budget. No action was taken.</P> <P>Johnson moved to adjourn meeting. Motion was seconded by Jones.<BR>&nbsp;</P> <P>&nbsp;</P> <P><BR>_____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp; Jere McElhaney, Member</P> <P>ATTEST:</P> <P><BR>_____________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;&nbsp;Charles Jones, Member</P> <P><BR>&nbsp;</P>

<P>The Board of County Commissioners of Douglas County, Kansas met in Special Session on Tuesday, July 11, 2006 to discuss the 2007 Budget.&nbsp; Johnson called the Special Meeting to order at 5:30 p.m. with all members present. </P> <P><STRONG>REGULAR AGENDA 07-11-06</STRONG><BR>The Board discussed the FFY06 Homeland Security Grant Funds, an agenda item deferred from the July 10, 2006 meeting. Paula Phillips, Director of Emergency Management, and Mike Russell, Emergency Management Board Representative, attended the meeting and presented the Board with additional information regarding the location and storage of the Light Search and Rescue equipment, as requested by Jones at the July 10, 2006 meeting. Jones also questioned the need for the additional metal detector for the jail if there are standby units available at the Law Enforcement Center. Ken McGovern, Sheriff, <BR>explained the need for the new unit to be more up-to-date;&nbsp; additionally, the units at the Law Enforcement Center are either in use or are used as backup. The standby unit available is a 1999 model and would not provide any greater security than what is presently being used. </P> <P>Commissioner Johnson moved to accept the recommendation of the Emergency Management Executive Committee for expenditure of the FFY06 Homeland Security Grant Funds and directed the Emergency Management Director to submit the expenditure proposal to the State of Kansas. The grant application includes the following breakdown of expenditures: SHSGP $61,020; LETPP $44,385. Motion was seconded by Jones and carried unanimously.</P> <P>Jones recommended Ken McGovern meet with Pam Madl, Assistant County Administrator, to discuss plans to secure all entrances to the Law Enforcement Center. </P> <P><STRONG>BUDGET 07-11-06<BR></STRONG>The Board conducted a work session on the 2007 Budget. No action was taken.</P> <P>Johnson moved to adjourn the meeting. Motion was seconded by Jones, and the vote was unanimous.</P> <P><BR>_____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P> <P>ATTEST:</P> <P>____________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;&nbsp;Charles Jones, Member<BR></P>

<P>Johnson called the meeting to order at 8:36 a.m. on Monday, July 17, 2006 with all members present.&nbsp; </P> <P><STRONG>YOUTH SERVICES 07-17-06</STRONG><BR>The Board considered a transfer of $4,647.58 from the Juvenile Intensive Supervision Budget to the Case Management Budget.&nbsp; Pam Weigand, Director&nbsp;of Youth Services, indicated that the need for the transfer was for payroll expenditures; the transfer must have approval from the Douglas County Board of Commissioners.</P> <P>Jones moved approval of the transfer. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>CONSENT AGENDA 07-17-06<BR></STRONG>Johnson moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Commissioners Order No. 06-162. Order is on file in the Office of the County Clerk.</LI></UL> <P>Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 07-17-06<BR></STRONG>Johnson moved approval of accounts payable in the amount of $272,971.71 to be paid 07/17/2006.&nbsp; Jones seconded the motion and carried unanimously.</P> <P><STRONG>BUDGET 07-17-06<BR></STRONG>The Board conducted 2007 budget hearings. No action taken.</P> <P>Johnson moved to adjourn the meeting. Motion was seconded by Jones, and the vote was unanimous.<BR>&nbsp;</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;&nbsp;&nbsp; &nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P><BR>_____________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member<BR></P>

<P>Johnson called the meeting to order at 6:35 p.m. on Wednesday, July 19, 2006 <BR>with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>REGULAR AGENDA 07-19-06</STRONG><BR>The Board considered PF-05-12-06 Final Plat of Stevens Addition 2nd Plat, a replat of Quantrill Acres Subdivision Welcome Park. Sandra Day, Lawrence-Douglas County Metropolitan Planning Department, was present along with John Selk, Landplan Engineering, PA, applicant for John Stevens, Concrete Inc., property owner of record. The proposed residential lot contains approximately 5.202 acres and is generally described as being located at the southwest corner of N 800 Road and E 1485 Road. The property is part of a previously platted subdivision. The property is zoned A-1. The A-1 district covers a total of 311 acres in this general area. The subject property is outside of the Urban Growth Boundaries for the City of Lawrence and for Baldwin City. The preliminary plat of Quantrill Acres was approved subject to conditions related to the provision of utility easements and access restriction from what is now N 800 Road. The subdivision plat was approved by the County Commission in September 1972 and predated the joint subdivision regulations. It was noted in the report that the subdivision was prepared in accordance with the then draft, but not adopted, joint subdivision regulations. <BR>The provision of a welcome park as a private amenity was a voluntary action. </P> <P>Staff recommended approval of the Final Plat of Stevens Addition 2nd Plat and forwarded it to the Douglas County Board of County Commissioners with a recommendation for acceptance with the following conditions:</P> <P>1.&nbsp;Provision of a revised Final Plat to:<BR>&nbsp;&nbsp;&nbsp; a)&nbsp;Add a note that prohibits direct access to N 800 Road. <BR>2.&nbsp;Execution of an agreement regarding the provision of a water meter <BR>&nbsp;&nbsp;&nbsp; for the proposed lot.<BR>3.&nbsp;Provision of the following fees and recording documentation:<BR>&nbsp;&nbsp;&nbsp; a)&nbsp;Copy of paid property tax receipt;<BR>&nbsp;&nbsp;&nbsp;&nbsp;b)&nbsp;Recording fees made payable to the Douglas County Register of Deeds. </P> <P>Day requested that the project move forward with action for approval on the final plat. No new dedication of rights-of-way or easements are proposed or required for the lot, making this an unusual item to be forwarded to the County Commission for approval. Day stated the Lawrence Planning Commission allowed public comment for this non-public hearing item at the June 26, 2006 Planning Commission meeting. This is not typical for a final plat. Day reported there was a unanimous vote for recommendation to approve the final plat of Stevens Addition 2nd Plat contingent upon the above recommendations.</P> <P>Jones commented he was surprised by the unanimous vote. Day responded that the criterion by which the planning department evaluated the proposed subdivision is very specific. The initial intent was to retain the subject property as a park; however, there is no mechanical piece of legislation or restrictions to keep it as a park. The Planning Commission felt they had no other option than to approve the plat.</P> <P>Jones questioned the history of the property.&nbsp; Day responded that the original subdivision predated the adoption of the subdivision regulations as we see them today. The current subdivision regulations encourage provision for public open space but do not require the dedication of open space. Typically, public open space is dedicated to a particular public entity. In this case, the lot was shown on the plat as essentially private open space with no homeownership agreement or restrictive covenants. Whether or not that was an oversight by the developer, there are no recorded documents anywhere in the files or at the Register of Deeds office.</P> <P>Jones inquired if there is something written on the Plat referring to the lot as a park. The wording “Welcome Park, Private” was noted as handwritten on the drawing. Jones commented that some people are going to stand up and say they bought their property with the understanding the property was going to be a park area. Is that belief legitimate1/2</P> <P>Day responded that she has no doubt that some owners do believe that.&nbsp; There are two things that come into play from a staff perspective with respect to the decision of this lot: one, because there are no mechanisms in place to protect the property as a park either under single ownership or ownership under all individuals in the park; second, the property owner has the ability to replat through the subdivision process. Planning Staff concluded that the property d&#160;s meet the subdivision requirements. </P> <P>Jones asked Selk whether it is still possible for the neighbors to make an offer on the property.&nbsp; Selk indicated that is a possibility. Selk also stated that John and Karen Stevens sought his opinion and also talked with a real estate developer. Other than mentioned as “Welcome Park, Private” on the plat, there is no other dedication or wording to verify the establishment of a public park. The property was originally intended to be a private park. However, the current owner has maintained it and paid taxes on it and therefore feels he should be able to sell it. The neighbors are welcome to make an offer on the property.</P> <P>Johnson suggested that the Board hear the neighbors’ comments and perspectives. The meeting was then opened for public comment.</P> <P>Robin Richards, adjacent property owner, expressed concern about the flooding on the lot. Her house has flooded five times since she has lived there. She asked the recommendation for platting be denied.</P> <P>Dick Hewitt, neighbor, questioned the wording on the agenda of recommendation <BR>for approval. He understood that the County Commission would approve or deny the platting request. </P> <P>Day clarified the plat was approved by the City of Lawrence Planning Commission and was sent to the County Commission with recommendation for acceptance. </P> <P>Hewitt also expressed concern about the ability of the owner to meet setback requirements if he plans to build on the property.&nbsp; In addition, Hewitt stated that the applicant is in violation of the original plat prohibiting direct access from the subdivision to N 800 Road.</P> <P>Owen Spitz, neighbor, also indicated that he understood the original plat to describe the lot as a “Welcome Park.”&nbsp; He confirmed the area d&#160;s flood and has washed out the bridge on 800 Road. </P> <P>Wayne Zackary, who lives in Quantrill Overlook, questioned whether Stevens, after replatting, is still subject to the protective covenants of Quantrill Acres and Quantrill Overlook.&nbsp; Jones replied that the covenants are between property owners, not between the City or the County. Craig Weinaug, County Administrator, also reinforced that the County Commission has no legal standing to enforce covenants;&nbsp; however, he d&#160;s not believe that replatting or renaming a subdivision releases the owner from the responsibility of the covenants. </P> <P>Hewitt read a letter from the original property owner noting John Stevens assured the seller the property would be kept as a park after purchase. </P> <P>Johnson made a motion to close the public hearing.&nbsp; Jones seconded and the motion carried unanimously.&nbsp; </P> <P>Jones remarked that when the Planning Commission votes unanimously on an issue, the Board should try to respect that decision. He hopes that the property owners will go on with their lives once this issue is resolved and not feud with their neighbors. <BR>&nbsp;<BR>Johnson stated he is willing to have our legal counsel review the information presented to question whether or not the County Commission has a legal authority to do anything other than accept the Planning Commission decision.&nbsp; </P> <P>McElhaney agreed these are difficult issues, but the Commission has to go with the legal aspect as opposed to the emotional aspect.&nbsp; Because the property was not set up as a park through the neighborhood covenants and the owner has incurred the expenses over the years on the property, he is willing to go along with the Planning Commission’s decision.</P> <P>Jones recommended the neighboring property owners put together a reasonable offer for the applicant. </P> <P>Johnson directed Keith Dabney, Director of Zoning and Codes, to check to see if the applicant is in compliance with the Home Occupations and Access Rules in relation to N 800 Road. Browning will report to Weinaug, who will advise the commissioners of the results.</P> <P>Johnson moved to table the issue for the legal staff to review the authority issue. The motion was seconded by Jones.</P> <P>Discussion of this item was deferred to the August 16, 2006 meeting for further review, pending information requested from Keith Browning and legal counsel.&nbsp; Weinaug will contact Connie Spitz, neighbor, to confirm the rescheduled date.</P> <P><STRONG>ZONING 07-19-06</STRONG><BR>June McAfee discussed a request for variance on her property located in LeCompton, Douglas County, Kansas. The Board referred her to Keith Dabney, Director of Zoning and Codes, for further information regarding the application process.</P> <P><STRONG>BUDGET 07-19-06</STRONG><BR>The Board conducted a work session on the 2007 budget.&nbsp; Jones made a motion to authorize the Publication of Notice for the 2007 Budget Public Hearing as directed based on what can be worked out with the City, and based upon recommendation to reduce the Special Building Fund as necessary to maintain the approved budget level. Motion was seconded by Johnson and carried unanimously. </P> <P><STRONG>ACCOUNTS PAYABLE</STRONG><BR>Jones moved to approve accounts payable manual checks in the amount of $23,320.00 to be paid on 07/17/06. Motion was seconded by McElhaney and carried unanimously. </P> <P>Johnson moved to adjourn the meeting. Motion was seconded by Jones and the vote was carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P> <P>ATTEST:</P> <P><BR>_____________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member<BR><BR><BR></P>

<P>Johnson called the meeting to order at 8:33 A.M. on Monday, July 24, 2006 with all members present. The Pledge of Allegiance was recited.</P> <P>Jones moved approval of the minutes of June 28, July 5, July 10, July 11 and July 17, 2006; McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>CONSENT AGENDA 07-24-06</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <UL> <LI>Approve Community Corrections and SB123 Grant Budget for FY2007;</LI> <LI>Approve FY2006 Carryover Reimbursement Funds Budget Summary;</LI> <LI>Approve Community Corrections Quarterly Report with Adjustments;</LI> <LI>Approve Resolution No. 06-24 Authorizing the Continued Imposition of a Telephone User Tax for the Operation of an Enhanced 911 Emergency Telephone Service in Douglas County; and</LI> <LI>Pull the item “Authorize County Administrator to approve bills until August 11, 2006.”<BR>&nbsp;<BR>Motion was seconded by McElhaney and carried unanimously.</LI></UL> <P><STRONG>MISCELLANEOUS 07-24-06<BR></STRONG>The Board discussed approval of accounts payable for the period July 25 through August 11, 2006. Jones made a motion that the County Administrator be authorized to approve accounts payable bills after consultation with at least one Commissioner between July 25 through August 11, 2006. McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>PUBLIC WORKS 07-24-06<BR></STRONG>Keith Browning, Director of Public Works/County Engineer, appeared before the Board requesting authorization to seek bids for hot-in-place recycling (HIR). Browning explained that road inspections this spring identified two route segments for which HIR could be used to rehabilitate deteriorating surfaces. HIR is an on-site, in-place method that rehabilitates deteriorated bituminous pavements and thereby minimizes the use of new materials. It is designed to address surface distresses or deterioration on pavements that have a sound base. Public Works has used HIR in recent years with good results using Cutler Repaving as the contractor.</P> <P>Browning proposed to HIR approximately 2.2 miles of Route 438 (from the east end of the Route 1029/Route 438 curve to the west end of the Route 438 widening near the intersection with K-10 Highway). In addition, it is proposed to include in the HIR contract an add-alternate bid for Noria Road from K-10 Highway to the BNSF railroad tracks. This approximately 0.78 mile segment is partially within the Lawrence city limits. Negotiations with the City of Lawrence are ongoing to share costs in accordance with the proportions within the City (42% of project length), outside City (29%), and half within / half outside the City (29%). If the City of Lawrence d&#160;s not choose to participate in the cost, or if bids are deemed too high, the add-alternate bid for work on Noria Road could be rejected.</P> <P>The estimated cost of the proposed HIR work on Route 438 is $195,000. The total estimated cost of HIR work on Noria Road is $95,000. It is estimated that the combined budget line items for Chip Seal and Overlays will cover the cost of the proposed HIR work and the cost of the proposed 35.8 miles of chip seal. </P> <P>After discussion, McElhaney made a motion to authorize solicitation of bids for hot-in-place recycling work on 2.2 miles of Route 438 with add-alternate bids for HIR work on 0.78 miles of Noria Road for the 2006 maintenance season, and directed Browning to return to the Board for further discussion on the Noria Road segment should the City decide not to participate. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PUBLIC WORKS 07-24-06</STRONG><BR>Keith Browning, Director of Public Works/County Engineer, requested approval to solicit bids for Project No. 2005-8, Improvements to E 1300 Road from N 100 Road to N 150 Road. Browning noted that Douglas County agreed to improve E 1300 Road from N 100 Road to N 150 Road during negotiations with the Kansas Department of Transportation regarding local road issues in conjunction with the US-59 Freeway construction project. These improvements are necessary due to the proposed closure of N 100 Road just east of the proposed US-59 Freeway, and the need to provide serviceable access to existing US-59 Highway for properties along N 100 Road and E 1300 Road. These improvements include replacing the existing bridge on E 1300 Road located approximately 1/10 mile north of N 100 Road.</P> <P>After discussion, Jones made a motion to authorize the solicitation of bids for Project No. 2005-8, construction of improvements to E 1300 Road between N 100 Road and N 150 Road . Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 07-24-06</STRONG><BR>Jones moved approval of accounts payable in the amount of $2,119,218.26 to be paid 07/24/06; McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>MISCELLANEOUS 07-24-06</STRONG><BR>At 9:00 A.M. Johnson made a motion that the Board recess to go into executive session until 9:30 A.M. with Craig Weinaug, County Administrator; Pam Madl, Assistant County Administrator; Evan Ice, County Counselor; Kip Kubin, Special County Counselor; Keith Dabney, Director of Zoning and Codes; and Richard Ziesenis, Director of Environmental Health for the Lawrence-Douglas County Health Department, to discuss potential litigation. Motion was seconded by Jones and carried unanimously. At 9:28 A.M. Johnson made a motion to extend the executive session until 10:00 A.M.; Jones seconded and the motion carried unanimously. The Board returned to regular session at 9:48 A.M. No action was taken.</P> <P>Johnson made a motion to adjourn; Jones seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; _____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P> <P>ATTEST:</P> <P><BR>_____________________________&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member</P> <P><BR>&nbsp;</P>

<P>McElhaney called the meeting to order at 9:07 a.m. on Friday, August 4, 2006. <BR>Commissioners Johnson and Jones were absent. The purpose of the Special Meeting was to canvas the results of the primary general election which was <BR>held on August 1, 2006. </P> <P>In the absence of Commissioners Johnson and Jones, McElhaney appointed Kay Pesnell, Douglas County Register of Deeds, and Paula Gilchrist, Douglas County Treasurer, to serve as canvassers.</P> <P>McElhaney made a motion to accept the write-in votes as recommended by the County Clerk’s office. Motion was seconded by Pesnell and carried unanimously.</P> <P>McElhaney made a motion to accept the tabulation totals as recommended by the County Clerk’s office. Motion was seconded by Gilchrist and carried unanimously.</P> <P>There were 248 provisional ballots. Jamie Shew, County Clerk, broke the provisional votes into the follow categories:</P> <P><STRONG>Recommended to Count&nbsp; <BR></STRONG>Change of address&nbsp;89<BR>Advance mailed, but not returned&nbsp;5<BR>Name change&nbsp;4<BR>Poll worker or clerk’s error&nbsp;23<BR>Wrong precinct – all races&nbsp;6<BR>ELVIS errors&nbsp;24<BR>Wrong precinct – not all races same&nbsp;8<BR>Voted at Courthouse&nbsp;1<BR>ID provided before the Canvass&nbsp;0<BR>Unaffiliated voters changing party affiliation&nbsp;38<BR>&nbsp;Total&nbsp;198<BR>&nbsp;<BR><STRONG>Recommended Not to Count</STRONG>&nbsp;<BR>Not registered in Douglas County&nbsp;11<BR>No ID provided&nbsp;3<BR>Wrong party, partisan primary&nbsp;20<BR>No signature on Adv. Mail Ballot envelope&nbsp;16<BR>Adv. voter deceased prior to election day&nbsp;0<BR>Total&nbsp;50</P> <P>McElhaney made a motion to count one hundred ninety-eight (198) provisional ballots as recommended by Shew. Pesnell seconded the motion and was carried unanimously. </P> <P>It should be noted that after the additional ballots were counted, the election outcome was not changed.</P> <P>No errors were found.</P> <P>McElhaney made a motion to adjourn. The motion was seconded by Pesnell and carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;__________________________<BR>Jere McElhaney, Member&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Kay Pesnell</P> <P>ATTEST:</P> <P><BR>_____________________________&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Paula Gilchrist<BR></P>

<P>Johnson called the meeting to order at 8:30 a.m. on Monday, August 14, 2006 <BR>with all members present.&nbsp; </P> <P>Johnson moved for approval of the minutes of July 19, 2006 as amended. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>CONSENT AGENDA 08-14-06</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <P>&#9658;&nbsp;Approve Commissioners Order Nos. 06-164, 06-165 and 06-166. <BR>&nbsp;Orders are on file in the office of the County Clerk;<BR>&#9658;&nbsp;Approve Resolution No. 06-25 Amending Article 7 of Chapter I (Administration) Regarding the Deposit and Investment of Public Funds and adopting of Douglas County Investment Policy;<BR>&#9658;&nbsp;Approve KDOT Project Certification Document for Project 23C-4121-01 (County Route 442, Bridge No. 14.00N-23.66E);<BR>&#9658;&nbsp;Approve Charter Resolution No. 06-8-1 Exempting the County from the Provisions of K.S.A. 19-1403, Relating to the Election of the Office of County Surveyor;<BR>&#9658;&nbsp;Approve (15) 2006 Junior College Out-District Tuition Bills in the amount of $9,258.00; and<BR>&#9658;&nbsp;&nbsp; Note receipt of fee reports for the months of May and June 2006.</P> <P>Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>PUBLIC WORKS &amp; RESOLUTIONS 08-14-06</STRONG><BR>The Board discussed Resolution No. 06-26 authorizing and directing the issuance, sale and delivery of $225,000 principal amount of general obligation bonds, Series 2006-A, of Douglas County, Kansas for the Hesper Heights Road Improvements.</P> <P>Jones made a motion to approve Resolution No. 06-26. Motion was seconded by McElhaney and carried unanimously.</P> <P>Greg Vahrenberg, Gilmore &amp; Bell, P.C., reported the bid information to the Board with UMB Bank having the lowest bid.</P> <P>McElhaney moved to accept the bid from UMB Bank at 3.95199%, and authorizing and directing to execute the sale of the Bonds to the lowest bidder on the basis of said bid and the terms specified in the Notice to Bond Sale. The motion was seconded by Jones and carried unanimously. </P> <P><STRONG>MISCELLANEOUS &amp; RESOLUTIONS 08-14-06</STRONG><BR>The Board reviewed Resolution No. 06-27 to support the development of a recreational pathway from Capital to University Trail between Topeka and Lawrence. Jones requested a correction in wording on the Resolution referring to the proper spelling of George W. Bush. No further discussion. The City-County Bicycle Advisory Committee representative was not present.</P> <P>Jones made a motion to approve Resolution No. 06-27, a Resolution by the Douglas County Commission calling for the establishment of a recreational pathway between Lawrence and Topeka. McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>YOUTH SERVICES &amp; GRANTS 08-14-06</STRONG><BR>The Board considered approval to submit an application for the Juvenile Justice Parental Modeling Grant through the State of Kansas Juvenile Justice Authority. Douglas County Youth Services and the Bert Nash Center have agreed to partner on this grant to provide training in an evidence-based treatment program. Pam Weigand (DCYS) and Janice Storey (BNC) were present for the discussion. The program will target youth at risk who have had one or more contacts with the Juvenile Justice System. The total requested budget is $100,000. The budget includes training costs for one year and staff time to monitor the grants, as well as material and supplies. </P> <P>Jones questioned if the Board would be asked to commit to future funding of the project.&nbsp; Storey replied she was very confident this program can be sustained through other resources after the first year.</P> <P>Johnson made a motion to approve the application for the Juvenile Justice Parental Modeling Grant through State of Kansas Juvenile Justice Authority. Jones seconded and the motion carried unanimously.</P> <P><STRONG>PUBLIC WORKS 08-14-06</STRONG><BR>The Board discussed the approval to Solicit Bids for Asphalt Shouldering in Route 438 Project No. 2002-16, Phase I. Keith Browning, Director of Public Works, proposed to split the milling/overlay/shoulder paving project into two phases: Phase I being the base course paving of shoulders; Phase 2 would include overlaying the two traveled lanes and placing a surface course of asphalt on the shoulders.&nbsp; Delaying Phase 2 to the spring season may allow for some stabilization of the asphalt market and hopefully reduce costs.</P> <P>Jones instructed Browning to write a letter to KDOT requesting data on projected traffic and how it compares with actual traffic counts for the South Lawrence Trafficway and Highway K-10.</P> <P>Jones made a motion for approval to Solicit Bids for Asphalt Shouldering on Route 438, Project No. 2002-16, Phase I. The motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>APPOINTMENTS 08-14-06<BR></STRONG>Johnson made a motion to reappoint Marsha Goff, Lawrence, KS, to a 3-year term to expire 09/30/09, on the Jayhawk Area Agency on Aging Board of Directors. It is noted that Goff’s previous appointment filled the partial unexpired term of Joseph Simunac. Jones seconded, and the motion carried unanimously. </P> <P><STRONG>ACCOUNTS PAYABLE 08-14-06</STRONG><BR>Jones moved to approve accounts payable in the amount of $220,851.83 to be paid on 07/31/06,&nbsp; $448,137.82 to be paid on 08/07/06, and $197,889.38 to be paid on 08/14/06; accounts payable manual checks in the amount of $6,156.88 to be paid on 08/07/06; and electronic funds transfers in the amounts of $250,000.00 to be paid on 07/28/06, $1,507,088.75 to be paid on 07/31/06, $700,000 to be paid on 08/02/06 and $6,156.88 to be paid on 08/07/06. Motion was seconded by McElhaney and carried unanimously&nbsp;&nbsp; <BR>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <BR>Johnson moved to adjourn the meeting. Motion was seconded by Jones and the vote was carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P> <P>ATTEST:</P> <P><BR>_____________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member<BR></P>

<P>&nbsp;</P> <P><BR>August 28, 2006</P> <P><BR>Johnson called the meeting to order at 8:32 a.m. on Monday, August 28, 2006 <BR>with all members present. The Pledge of Allegiance was recited.</P> <P>CONSENT AGENDA 08-28-06<BR>Johnson moved approval of the following Consent Agenda:</P> <P>&#9658; Approve Commissioners Order No. 06-169. Order is on file in the Office of the County Clerk.</P> <P>Motion was seconded by Jones and carried unanimously.</P> <P>ZONING &amp; RESOLUTIONS 08-28-06<BR>The Board considered approval of the Home Rule Resolution 06-8-5, re-establishing the 250-foot road frontage development standard. Keith Dabney, Director of Zoning and Codes, and Linda Finger, Consultant for Douglas County, were present for discussion.</P> <P>The Board discussed concerns regarding odd shaped parcels and the need for careful planning to predetermine road locations, waterline and utilities when an unusual lot split occurs. Johnson asked for public comment. No comments were received.</P> <P>McElhaney moved to approve the Home Rule Resolution 06-8-5, re-establishing the 250-foot road frontage development standard. The motion was seconded by Jones and carried unanimously.</P> <P>PROCLAMATION 08-28-06<BR>Julie Jacobs, Douglas County Payroll Department, read a Proclamation proclaiming the first full week of September, 2006, as “National Payroll Week.” McElhaney moved approval of the Proclamation as read; Jones seconded and the motion carried unanimously.</P> <P>ZONING &amp; RESOLUTIONS 08-28-06<BR>The Board considered the approval of the Resolution Amending a Planning and Zoning Classification from “A” Agriculture and “VC” Valley Channel to “A-1” Suburban Home District. Keith Dabney, Director of Zoning and Codes, clarified that <BR>the resolution approval is a formalization of the approved rezoning from the May 8, 2006 Commission meeting for item PF 01-02-06: Final Plat for Wakarusa Overlook. No public comments were received.</P> <P>Jones motioned to approve the Resolution Amending a Planning and Zoning Classification from “A” Agriculture and “VC” Valley Channel to “A-1” Suburban Home District. McElhaney seconded and the motion carried unanimously.</P> <P>MISCELLANEOUS 08-28-06<BR>Linda Finger, Consultant for Douglas County, gave a follow-up report discussing the City of Lawrence Planning Commission recommendations for the adoption of the “Subdivision Regulations for Lawrence and the Unincorporated Area of Douglas County” from the August 21, 2006 Planning Commission meeting. The Board requested that Finger ask the Planning Staff for a copy of the formal minutes of the August 21, 2006 Planning Commission meeting to be available for the County Commission review by September 8, 2006. </P> <P>ACCOUNTS PAYABLE 08-28-06<BR>Jones moved to approve accounts payable in the amount of $491,353.31 to be paid on 08/28/06. Motion was seconded by McElhaney and carried unanimously&nbsp;&nbsp; </P> <P>Jones moved to adjourn the meeting. McElhaney seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P> <P>ATTEST:</P> <P><BR>_____________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;Charles Jones, Member<BR></P>

<P>&nbsp;</P> <P><BR>August 30, 2006</P> <P><BR>Johnson called the meeting to order at 6:35 p.m. on Wednesday, August 30, 2006 <BR>with all members present.&nbsp; </P> <P>PROCLAMATION 08-30-06<BR>Diana Deutsch, Altrusa Club, requested a Proclamation proclaiming September 8, 2006, as “Lawrence Literacy Day.” McElhaney made a motion to approve the Proclamation; Jones seconded and the motion carried unanimously.</P> <P>CONSENT AGENDA 08-30-06<BR>Jones moved approval of the following Consent Agenda:</P> <P>&#9658; Approve Commissioners Order No. 06-168. The Order is on file in the Office of the County Clerk.</P> <P>The motion was seconded by McElhaney and carried unanimously.</P> <P>CONTRACTS &amp; AGREEMENTS 08-30-06<BR>The Board considered an Agreement between the City of Lawrence, Kansas and the Board of County Commissioners of Douglas County for the purpose of providing the terms and conditions for the installation of County financed sanitary sewer improvements that shall be located within the City and in certain unincorporated portions of the County, and a Cooperation Agreement by which the City and the County have agreed to cooperate in the installation of certain sanitary sewer facilities generally located in or near the City’s southeast boundaries. </P> <P>David Corliss, Interim City Manager, discussed the need and intention of the City to financially participate in the development of benefit districts for Southeast Lawrence Sewer District No.1, Southeast Lawrence Sewer District No. 2 and Southeast Lawrence Sewer District No. 3. The City is not a property owner within any of the districts, but operates a sanitary sewer system adjacent to the districts.&nbsp; The City will benefit from the construction of the sewer districts because the City can decommission three pump stations, creating sanitary sewer flows into the new facilities. </P> <P>Jones questioned whether the benefit districts would create additional net costs to county taxpayers. Corliss responded that there will be no net cost to the County taxpayers nor will there be a City property tax increase involved.</P> <P>Johnson asked if there will be an attempt to recover soft costs for the engineering and Public Works supervision fees. Corliss replied that work hours will be submitted to recover the costs.&nbsp; </P> <P>Jones moved to approve the Agreement between the City of Lawrence, Kansas and the Board of County Commissioners of Douglas County and also the Cooperation Agreement between the Board of County Commissioners of Douglas County, Kansas and the City of Lawrence, Kansas. The motion was seconded by McElhaney and carried unanimously.</P> <P>The Board conducted a public hearing regarding a Petition to Create Southeast Lawrence Sewer Benefit District No. 1, generally located south of K-10, between E 1600 Road and E 1650 Road.&nbsp; Jones moved to open the public hearing. McElhaney seconded the motion and it carried 3-0.&nbsp; No public comments were received. McElhaney moved to close the public hearing, Jones seconded and the motion carried 3-0.</P> <P>The Board conducted a public hearing regarding a Petition to Create Southeast Lawrence Sewer Benefit District No. 2, generally located south of K-10, between E 1600 Road and E 1650 Road.&nbsp; Jones moved to open the public hearing. McElhaney seconded the motion and it carried 3-0.&nbsp; No public comments were received. McElhaney moved to close the public hearing, Jones seconded and the motion carried 3-0.</P> <P>The Board conducted a public hearing regarding a Petition to Create Southeast Lawrence Sewer Benefit District No. 3, generally located south of K-10, between E 1600 Road and E 1650 Road.&nbsp; Jones moved to open the public hearing. McElhaney seconded the motion and it carried 3-0.&nbsp; No public comments were received. McElhaney moved to close the public hearing, Jones seconded and the motion carried 3-0.</P> <P>RESOLUTIONS &amp; PUBLIC WORKS 08-30-06<BR>Jones moved that the resolution creating the Southeast Lawrence Sanitary Sewer Benefit Districts be put on the consent agenda for a future Commission meeting. McElhaney seconded the motion and it carried 3-0.</P> <P>ACCOUNTS PAYABLE 08-30-06<BR>Jones moved to approve accounts payable in the amount of $694,941.11 to be&nbsp;&nbsp;&nbsp; paid on 07/20/06; electronic funds transfer in the amounts of $50,864.56 for FICA;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; and $52,557.25 for KPERS to be paid on 07/21/06; manual checks in the amount&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; of $636.00 to be paid 07/24/2006; and wire transfers in the amount of $207,136.00&nbsp;&nbsp;&nbsp; for to be paid on 08/31/06. The motion was seconded by McElhaney and carried unanimously.</P> <P>PUBLIC WORKS 08-30-06<BR>The Board discussed the opportunity for the City to permanently take over snow&nbsp; and ice removal at the East Hills Business Park to help off-set the cost of the&nbsp; <BR>add-alternative to the Hot-in-Place Recycling Project No. 2006-6. Keith Browning, Public Works Director, recommended that the County accept the agreement. Johnson opened the subject for public comment. No comments were received. </P> <P><BR>Jones moved to authorize Keith Browning to enter into an agreement with the City&nbsp; to take over the East Hills Business Park snow and ice removal in replacement of the pavement resurfacing to Noria Road. The motion was seconded by McElhaney and carried unanimously. </P> <P>PUBLIC WORKS 08-30-06<BR>The Board discussed the add-alternative to the Hot-In-Place Recycling Project No. 2006-6 received by Cutler Repaving, Inc. The base bid of $165,7949.35 covering an approximate 2.2 miles of Route 438 (from the east end of the Route 1029/Route 438 curve to the west end of the Route 438 widening near the intersection with K-10 highway) was approved by the Board on August 21, 2006. An add-alternate bid of $74,771.25 for recycling the surface of Noria Road from K-10 to the BNSF railroad tracks (0.78 miles) was included in the total package and recommended for consideration by Keith Browning, Director of Public Works, if the City would agree&nbsp;&nbsp; to participate in the expense.&nbsp; Browning stated the City is not in a position to fund&nbsp; the add-alternative and the delay of resurfacing will create the need for additional repairs. In place of the add-alternative, the City agrees to take over the snow and&nbsp; ice removal of the East Hills Business Park. </P> <P>Jones moved to approve the add-alternative to the Hot-in-Place Recycling Project No. 2006-6 by Cutler Repaving, Inc. in the amount of $74,771.25. McElhaney seconded the motion and it carried unanimously.</P> <P>MISCELLANEOUS &amp; BRIDGES 08-30-06<BR>The Board discussed safety concerns regarding the delay of the Lecompton Bridge Project 2005-1. Johnson commented that further postponement will miss the 2007 construction calendar which may result in temporary repair maintenance. Johnson offered to contact David Christy, Jefferson County, to confirm the execution of the maintenance plan and to ask if they intend to participate in the project.</P> <P>Johnson moved to adjourn the meeting. Jones seconded and the motion carried unanimously.</P> <P><BR>_____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P> <P><BR>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;Charles Jones, Member<BR></P>

<P>Johnson called the meeting to order at 6:35 p.m. on Wednesday, September 6, 2006 <BR>with all members present.&nbsp; </P> <P>Jones moved approval of the minutes of August 16, August 21 and August 23, 2006. The motion was seconded by McElhaney and carried unanimously.</P> <P>PLANNING 09-06-06<BR>The Board considered item Z-05-10-06, a request to rezone a tract of land approximately 6.18 acres from A-1 (Suburban Home Residential) District to B-3 (Limited Commercial) District. Sandra Day, Lawrence-Douglas County Metropolitan Planning Department, Stan Hernly, Hernly Associates, and Price Banks, representative for the applicant, were present for discussion. The property is generally described as being located at E 900 Road, north of Lot 1 Clinton Cove #2. The request was submitted by Robert D. Voth, applicant, for Windover Community of Lawrence, LLC, property owner of record. The Planning Commission recommended denial of item&nbsp;&nbsp;&nbsp;&nbsp; Z-05-10-06 at the July 27, 2006 Planning Commission meeting.</P> <P>Staff recommends approval based on the findings of fact:</P> <P>Zoning and Land Uses of Surrounding Properties. The subject property abuts County commercial zoning along the south side and suburban home residential to the north and west.</P> <P>Character of the area. The area is characterized by agricultural uses and lake related activities. The subject property abuts an existing county commercial area&nbsp;&nbsp; that provides lake oriented services. The remaining area surrounding the subject property is dominated by agricultural crop activities.</P> <P>Suitability of subject property for the uses to which it has been restricted.&nbsp;&nbsp; The subject property as part of a larger development request for residential development was found to be premature in the requirement to extend municipal services and the need to develop a more detailed land use plan for the area. It is located within the Urban Growth Area and adjacent to a platted commercial development.</P> <P>Length of time subject property has remained vacant as zoned. The property&nbsp;&nbsp; is vacant and has been zoned A-1 (Suburban Home Residential) District since the adoption of the 1966 Douglas County Zoning Regulations.</P> <P>Extent to which removal of restrictions will detrimentally affect nearby property. The subject property is contiguous with a platted/B-3 zoned subdivision. The short term impact is minimal. The development concept is somewhat premature because the west of K-10 area is in the later service areas of the Urban Growth Area. </P> <P>Relative again to the public health, safety and welfare by the destruction of&nbsp; the value of the petitioner’s property as compared to the hardship imposed upon the individual landowners. Retention of the A-1 (Suburban Residential) District would allow for rural residential development subject to plat approval. Approval of the request would expand the existing commercial node at this location providing greater opportunity for other commercial uses based on the ability to provide services to the property.</P> <P>Conformance with the Comprehensive Plan. Horizon 2020 supports the proposed request and is consistent with the general land use recommendations of Horizon 2020. </P> <P>And subject to the following condition:<BR>1.&nbsp;Recording of a Final Plat of the subject area.</P> <P>Day stated that the subject property is in the urban growth area and designated in the Comprehensive Plan. A site plan will be required for this property at a later date and will offer the opportunity to add buffering to the north and west side to transition into residential areas as the property develops. Hernly stated the applicant plans to develop the property according to today’s access to water and electrical utilities. Full development of the property is not expected for 15 years. If the rezoning is approved, the property will transition as commercial use giving the County commercial tax benefits. Banks addressed the applicant’s planned usage for the development as boat storage, classifying it as “recreational use,” which exempts it from the Horizon 2020 retail space criteria.&nbsp;&nbsp;&nbsp; </P> <P>McElhaney made a motion to approve Z-05-10-06, a request to rezone a tract of land approximately 6.18 acres from A-1 (Suburban Home Residential) District to&nbsp;&nbsp;&nbsp;&nbsp; B-3 (Limited Commercial) District and generally described as being located at&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; E 900 Road and subject to the above-referenced condition as recommended by staff. Johnson seconded and the motion carried 2-1, with Jones voting in opposition, thus overturning the recommendation for denial by the Planning Commission on&nbsp; July 27, 2006.</P> <P>PUBLIC WORKS 09-06-06<BR>Keith Browning, Director of Public Works, presented to the Board a home rule resolution adopting access management standards and classifications for public roads, and setting minimum frontage and entrance spacing requirements for&nbsp;&nbsp; access onto public roads in the unincorporated areas of Douglas County. </P> <P>Jones requested that examples be added to the resolution to help interpret the information. It is understood the Planning Commission is interested in a 330-foot frontage requirement as opposed to the current 250-foot requirement. The Board agreed to table the home rule resolution until after the Subdivision Regulations&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; for Lawrence and the Unincorporated Area of Douglas County have been approved&nbsp;&nbsp;&nbsp;&nbsp; to avoid a re-adoption of the resolution at a later date. </P> <P>PUBLIC WORKS 09-06-06 <BR>Keith Browning, Director of Public Works, requested change orders for Route&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 438 (Kasold) Bridge over Kansas Turnpike Project No. 23 U-1956-01 due to an extension required in the drilled shafts for the bridge piers.&nbsp; The City’s share of federal obligation authority to the project has a capped amount, which means Douglas County and KTA must cover any cost overruns. The shaft extensions&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; will result in a project overrun of $34,176, of which Douglas County is responsible&nbsp;&nbsp; for $14,354.&nbsp; </P> <P>Jones made a motion to approve the after-the-fact approval of the drilled shaft extensions, and authorized Keith Browning, Public Works Director, to approve&nbsp; future change orders up to a maximum cost to Douglas County of 42% of 5%&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; of the construction contract price or $67,418. The motion was seconded by Johnson and carried unanimously.</P> <P>ACCOUNTS PAYABLE 09-06-06<BR>Jones moved to approve accounts payable in the amount of $115,351.54 and manual checks in the amount of $132,010.00 to be paid 09/05/06. The motion was seconded by Johnson and carried unanimously.</P> <P>MISCELLANEOUS 09-06-06<BR>At 8:06 p.m., Jones made a motion that the Board go into Executive Session until 8:35 p.m. with Pam Madl, Assistant County Administrator, to discuss a potential&nbsp; land acquisition. Motion was seconded by McElhaney and carried unanimously.&nbsp;&nbsp; The Board returned to regular session at 8:35 p.m. No action was taken.</P> <P>Johnson moved to adjourn the meeting. McElhaney seconded and the motion carried unanimously.</P> <P><BR>_____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;Charles Jones, Member<BR></P>

<P><BR>Johnson called the meeting to order at 8:30 a.m. on Monday, September 11, 2006 <BR>with two members present. (McElhaney arrived at 9:00 a.m.) The Pledge of Allegiance was recited.</P> <P>Jones moved approval of the minutes of August 28 and August 30, 2006 as amended. The motion was seconded by Johnson and carried 2-0 with McElhaney absent.</P> <P>PROCLAMATION 09-11-06<BR>Marsha Epstein, Headquarters Counseling Center, Diane Meyers, Maley Wilkins, and Bryan Culver, People’s Bank, and Craig Shanks, Police Department, were present to support a request for a Proclamation proclaiming the week of September 10-16, 2006, as “Suicide Prevention Week.” Jones made a motion to approve the Proclamation; Johnson seconded and the motion carried 2-0 with McElhaney absent.</P> <P>CONSENT AGENDA 09-11-06<BR>Jones moved approval of the following Consent Agenda:</P> <P>&#9658; Approve Commissioners Order No. 06-170. Order is on file in the&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Office of the County Clerk;<BR>&#9658; Appoval of Construction Engineering Force Account Proposal for replacement of Route 442 Bridge just west of Johnson County line,&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Project No. 23 C-4121-01; and <BR>&#9658; Note receipt of fee reports for July 2006.</P> <P>The motion was seconded by Johnson and carried 2-0 with McElhaney absent.</P> <P>PLANNING 09-11-06<BR>The Board considered item CPA-2005-05 to consider adoption of a Comprehensive Plan Amendment (CPA) to Horizon 2020, Chapter 6, to address mixed use development in redevelopment areas. Michelle Leininger, Lawrence-Douglas County Metropolitan Planning Department, was present for the discussion. This amendment sets structure for mixed use development. </P> <P>Jones questioned whether the amendment would pertain to property outside of the City limits. Leininger responded there could be areas in the County, commercial or industrial, that have structures not in use that could be redeveloped.&nbsp; McElhaney asked who will make the determination if areas are not being utilized for their original proposed use. Leininger responded that she believes the Planning Office would make that determination. McElhaney was also concerned that a neighborhood association could initiate a zoning request and override the property owner. David Guntert, Lawrence-Douglas County Metropolitan Planning Department, verified that a neighborhood association could present an argument to a governing body, but initially it is the owner or representative of the owner who would make a rezoning request. There is a protest provision available for surrounding landowners who wish to protest a rezoning request. Jones clarified that the amendment is only expanding on what is possible under the current rezoning regulations. Johnson opened the item for public comment; there was no public comment. </P> <P>Jones made a motion to adopt item CPA-2005-05: a Comprehensive Plan Amendment (CPA) to Horizon 2020, Chapter 6, to address mixed use development in redevelop-ment areas. McElhaney seconded the motion and it carried unanimously.</P> <P>CONTRACTS 09-11-06<BR>The Board considered an amendment to the Douglas County Document Preservation Service Contract to purchase a Book I Scanner, designed to scan large books and micro film for CD storage.&nbsp; </P> <P>Jones made a motion to approve the amendment of our contract with Imaging Solutions Company to scan and microfilm deed books in an amount not-to-exceed $44,717.&nbsp; McElhaney seconded the motion and it carried unanimously. </P> <P>PLANNING 09-11-06<BR>Michelle Leininger, Lawrence-Douglas County Metropolitan Planning Department, discussed the need for a Hierarchy of Plans to assist in long-range community and neighborhood planning. The Hierarchy is a description of different types of plans and general elements appropriate for studying future development issues. </P> <P>Jones questioned the consequences and/or the implications of the Hierarchy in terms of staff demand and time frame in regards to the resources available to accomplish the plans. Leininger stated that, from her experience, plans have&nbsp;&nbsp;&nbsp;&nbsp; taken a year or more to complete. Jones commented that landowner pressure will force us to make decisions before these Hierarchy steps are done. There has to be some linkage between demand and resources in order for this Hierarchy to have much effect. Jones also had a question about where in the Hierarchy process d&#160;s the water and wastewater, a very important part of the land use decision making, get addressed1/2 Leininger responded that this issue is in the comprehensive plan.</P> <P>Johnson requested Jones’ comments be transcribed and submitted in the form of&nbsp;&nbsp;&nbsp; a question for the Planning Director interviews.</P> <P>Jones made a motion to approve the Hierarchy of Plans with the condition that his comments be transcribed and submitted to Planning Staff for use in the Planning Director interviews. The motion was seconded by Johnson and carried unanimously.</P> <P>PLANNING 09-11-06<BR>The Board discussed a Population Estimate Challenge of the 2005 US Census Population Estimates for Douglas County. Dan Warner, Lawrence-Douglas County Metropolitan Planning Department, was present for discussion.&nbsp;&nbsp; At this time, the </P> <P><BR>challenge would be informal, with no legal counsel involvement, and at no cost other then staff time. Accuracy is important as the Census estimates are used for the allocation of many resources, including community development block grants and federal and <BR>state transportation fund money. The Census estimate for Douglas County is 102,914; the City and County estimate is 113,079.&nbsp; Staff recommends that the City challenge the U.S. Census estimates for Douglas County and the City of Lawrence.</P> <P>Jones made a motion to initiate the Population Estimate Challenge for Douglas County. McElhaney seconded the motion and it carried unanimously.&nbsp; </P> <P>CONTRACTS &amp; RECREATION 09-11-06<BR>The Board considered approval of the P.L.A.Y. (Partners of Lawrence Athletics &amp; Youth Committee) feasibility study agreement with Treanor Architects. Pam Madl, Assistant County Administrator, stated that the Board had approved an allotment from the County of $7,000 toward the study, with remaining funds to be provided by the City and USD 497. The contract for services was agreed to be by the City, with approval from the Board of County Commissioners and the USD 497 School Board. </P> <P>Jones made a motion to approve the P.L.A.Y feasibility study agreement with Treanor Architects with the stipulation that the P.L.A.Y Committee provide the Board of County Commissioners with a list of formal committee members. McElhaney seconded the motion and it carried unanimously.</P> <P>ACCOUNTS PAYABLE 09-11-06<BR>Jones moved to approve payroll in the amount of $669,269.75, KPERS in the amount of $51,002.12, and FICA in the amount of $49,162.50 to be paid on 08/25/06; accounts payable in the amount of $928.88 for election workers to be paid 09/08/06; and accounts payable in the amount of $206,606.60 to be paid 09/11/06. The motion was seconded by McElhaney and it carried unanimously.</P> <P>MISCELLANEOUS 09-11-06<BR>At 10:08 a.m., Jones made a motion that the Board go into Executive Session until 10:38 a.m. with Pam Madl, Assistant County Administrator, to discuss a potential&nbsp; land acquisition. The motion was seconded by McElhaney and it carried unanimously. The Board returned to regular session at 10:30 a.m. No action was taken.</P> <P>Johnson moved to adjourn the meeting. The motion was seconded by Johnson&nbsp;&nbsp;&nbsp; and it carried unanimously.</P> <P>_________________________&nbsp;&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;Charles Jones, Member<BR></P>

<P><BR>Johnson called the meeting to order at 8:30 a.m. on Monday, September 18, 2006 <BR>with all members present.&nbsp;&nbsp;&nbsp; </P> <P>Jones moved approval of the minutes of September 6, 2006.&nbsp; The motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>CONSENT AGENDA 09-18-06</STRONG><BR>McElhaney made a motion to approve Resolution No. 06-30 creating Southeast Lawrence Sanitary Sewer Main Benefit District No. 1 within Douglas County, Kansas; authorizing the making of certain improvements therein, and setting forth the general nature of the improvement, the estimated or probable costs thereof and the method&nbsp;&nbsp; of assessment. The motion was seconded by Jones and carried unanimously.</P> <P>McElhaney made a motion to approve Resolution No. 06-31 creating Southeast Lawrence Sanitary Sewer Main Benefit District No. 2 within Douglas County, Kansas; authorizing the making of certain improvements therein, and setting forth the general nature of the improvement, the estimated or probable costs thereof and the method&nbsp;&nbsp; of assessment. The motion was seconded by Jones and carried unanimously.&nbsp; </P> <P>McElhaney made a motion to approve Resolution No. 06-32 creating Southeast Lawrence Sanitary Sewer Main Benefit District No. 3 within Douglas County, Kansas; authorizing the making of certain improvements therein, and setting forth the general nature of the improvement, the estimated or probable costs thereof and the method&nbsp;&nbsp; of assessment. The motion was seconded by Jones and carried unanimously.</P> <P>McElhaney made a motion to approve Home Rule Resolution No. 06-9-6 extending the temporary prohibition of the issuance of permits for the construction or placement of dwellings and mobile home on tracts of land gaining primary access through minimum maintenance roads. The motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PUBLIC WORKS 09-18-06</STRONG><BR>The Board discussed the bids for asphalt shouldering on Route 438 DGCO Project No. 2002-16, Phase 1.&nbsp; Keith Browning, Director of Public Works, reviewed the bids and recommended that the Board accept the low bid from LRM Industries, Inc. in the amount of $84,192.40. Due to the nature of the existing conditions to Route 438, Browning requested that the Board authorize the Public Works Director to approve change orders up to 15% of the contract amount, 10% above the normal change order request.&nbsp; </P> <P>Jones made a motion to accept the low bid in the amount of $84,192.40 from LRM Industries, Inc. to construct Project No. 2002-16, Phase 1, base course paving of shoulders on Route 438 from the east end of the K-10 intersection widening to Kasold (E 1200 Road), and to authorize the Public Works Director to approve change orders totaling up to 15% of the construction contract amount. The motion was seconded by McElhaney and carried unanimously. </P> <P><STRONG>ZONING &amp; APPLICATIONS 09-18-06</STRONG><BR>Keith Dabney, Director of Zoning and Codes, discussed an application for a Temporary Business Use Permit to allow a two-day excavation demonstration by Leica Geosystems, October 17 and 18, 2006, on property located at 2138 N 100 Road, Eudora, Kansas, 66025 and owned by F. Dwayne Richardson. The expected attendance is 150-200 people over a two-day period.&nbsp; Leica Geosystem will demonstrate excavating equipment using automated GPS navigation control. Dabney verified that all criteria required with the application have been met.&nbsp; Johnson opened the issue for public comment, but received none.&nbsp; McElhaney made a motion to approve a Temporary Business Application for Dwayne Richardson for a two-day excavation demonstration. Jones seconded the motion and it carried unanimously. </P> <P><STRONG>EMERGENCY MANAGEMENT &amp; AGREEMENTS 09-18-06</STRONG><BR>The Board discussed entering into a mutual lease/use agreement with Jayhawk Broadcasting, Inc., whereby Jayhawk Broadcasting, Inc. is allowed use of County owned property in Lawrence on which their KLWN radio tower is located in return for County use of building and tower space at the Jayhawk Broadcasting owned KLZR radio site in the Northwest corner of Douglas County.&nbsp; James Denney, Director of Emergency Communications, addressed problems with emergency service radio coverage in the northwest corner of the county from Lecompton west along the Kaw River and 2-3 miles south; this lack of communication creates dangerous situations for law enforcement officers. This site is imperative in the future when conversion from analog to digital communications occurs. </P> <P>The Board was asked to accept the agreement, which includes the purchase and installation of two law enforcement and two fire/medical radio repeaters for use by emergency services in Lecompton and northwest Douglas County, in the amount of $93,760.20;&nbsp; authorizing payment of $20,000 to Jayhawk Broadcasting, Inc. as one half the cost of the on-site generator, which will be used for both parties; waiving the purchasing policy to buy the equipment from a combination of existing State of Kansas contracts and WSCA contracts; and to authorize payment for the above items to be made from the 911 Fee Fund equipment reserve account. </P> <P>Johnson questioned whether there would be on-going maintenance required. Denney estimated about $1,000 per year. Jones expressed a strong interest in making sure that Douglas County had control of maintenance on the generator even though ownership belongs to Jayhawk Broadcasting, Inc.&nbsp; Craig Weinaug, County Administrator, proposed a re-negotiation of the lease agreement with Jayhawk Broadcasting, Inc. with that purpose in mind.</P> <P>The Board agreed to table the item until a new lease agreement has been negotiated giving Douglas County the empowerment to maintenance the generator. </P> <P><STRONG>PUBLIC WORKS &amp; BRIDGES 09-18-06</STRONG> <BR>The Board discussed the status of the Lecompton Bridge Replacement project and how to proceed with the project in light of the unresolved issues with Jefferson County. Keith Browning, Director of Public Works, was present for the discussion.&nbsp; </P> <P>Johnson opened the discussion for public comment.</P> <P>Janis Miskimins, 829 N 1750 Road, Lawrence, Kansas, spoke in opposition of closing the Lecompton Bridge during repairs and believes the Board is requiring major life style changes of the residents of Lecompton if there is a decision to close the bridge during the repair process.</P> <P>After discussion, the County Commissioners directed staff to compose a letter to&nbsp;&nbsp; the Jefferson County Commissioners from the Douglas County Commissioners expressing the position of Douglas County.&nbsp; The letter is to be placed on the September 20, 2006 County Commission Consent Agenda. (The requested letter&nbsp;&nbsp;&nbsp; is documented as a part of the September 20, 2006 County Commission meeting.)</P> <P><STRONG>ACCOUNTS PAYABLE 09-18-06</STRONG><BR>Jones moved to approve manual checks in the amount of $250.00 to be paid on 09/11/06; wire transfers in the amount of $700,000.00 to be paid on 09/12/2006; manual checks in the amounts of $366.20 and $454.24 to be paid on 09/15/2006; accounts payable in the amount of $239,142.09 to be paid on 09/18/2006.&nbsp; The motion was seconded by McElhaney and carried unanimously.</P> <P>Johnson moved to adjourn the meeting. Jones seconded and the motion carried unanimously.</P> <P><BR>_____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp; Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member<BR></P>

<P>Johnson called the meeting to order at 5:30 p.m., September 20, 2006 with all members present.&nbsp; Jones made a motion that the Board go into executive session&nbsp; at 5:30 p.m. with Dave Corliss, Interim City Manager, David Schaumur and Sue Hack, City Commissioners, and Craig Weinaug, County Administrator, to discuss&nbsp;&nbsp; acquisition of property. Motion was seconded by Jones and it carried unanimously. The Board returned to regular session at 6:35 p.m. No action was taken.</P> <P>The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 09-20-06<BR></STRONG>Jones moved approval of the following Consent Agenda:</P> <P>&#9658; Approval of Commission Order No. 06-171; and<BR>&#9658; Approval of letter to Jefferson County Commissioners regarding the Lecompton Bridge Project (see text of letter follows)</P> <P><BR>September 20, 2006</P> <P><BR>Board of County Commissioners<BR>Jefferson County, Kansas<BR>PO Box 321<BR>Oskaloosa, Kansas 66066</P> <P><BR>The Douglas County Commission decided on Monday to move forward with the engineering design work for the Lecompton Bridge, under the closed bridge option, whether or not Jefferson County chooses to continue their participation in the project. We are concerned that, if the design work is delayed any longer, it would not be possible to complete the majority of the work requiring bridge closure over the summer months of 2007.</P> <P>We feel that any further delay of this decision would create a greater inconvenience to the residents of Douglas and Jefferson Counties, by necessitating that more of the work requiring closure would occur during the school year.&nbsp; Even under “Keep the Bridge Open” option, the bridge would be closed more days during the school year with many intermittent closings, unless this decision is made now, so most of the closed bridge period will occur during the summer months.&nbsp; We have been informed that a decision by the Secretary of Transportation would take up to two months, moving the construction work requiring bridge closure (under either option) beyond the summer months.</P> <P>A critical piece of information in our decision: leaving one lane open will require full closure of the bridge for 50 to 60 days scattered over the 320 day project in 5-day increments. These closures are required for concrete pours. There would be, at most, 72-hour notice of these closures (longer notice would mean extending the 320 day time frame). Because of this, we are relatively certain that keeping one lane open will actually spread the construction over a greater portion of the school year, with the bridge actually closed on more school days than would be the case under the option that we chose.</P> <P>Specifically, our analysis shows that full closure would effect 33 school days in the summer months, when we have daylight savings and relatively good weather. Partial closure would effect 40 school days scattered over 320 days in darker months and more adverse weather. On the basis of fewer school days impacted and better driving conditions, we believe that full closure is the safer option.</P> <P>Another key issue was possible project delay. The 320 day option - because it stretches across more weather seasons and is technically more complex - is more vulnerable to delay. That's not to say that the 140 day project is certain... just significantly less vulnerable.</P> <P>We also discussed construction quality. Keeping one lane open requires a joint down the center of the bridge. Such joints carry the risk of becoming a long term maintenance problem. Everyone agreed that not having a joint poses less risk of maintenance problems and the best chance of extending the life of the bridge.&nbsp; We therefore unanimously agreed on Monday to proceed immediately with design work on this project. We understand that the Jefferson County Commissioners are then placed in a position of not agreeing with our decision, but it is our hope that you will still be a partner in the project.</P> <P>When our two commissions met in June of 2005, we knew there would be the question of whether we should close the bridge or leave one lane open during construction. And, the question of painting the bridge as a part of the project was undecided. Both commissions signed a letter of agreement to participate in the funding on the project with costs split between the counties based on our relative assessed valuations at the time that the project starts. We also agreed that Douglas County would take the lead in planning and supervising the project. At no time during our meeting did any of us say or imply that we would not participate in the project if we could not reach a unanimous consent on every issue related to the bridge.</P> <P>In the spirit of working together, we need the Jefferson County Commissioners to tell us how you are willing to be a partner in the completion of the Lecompton Bridge project: </P> <P>1)&nbsp;Jefferson County agrees to pay its share (currently estimated to be 10.7%) of the total project, including a share of the financial incentives for early completion, without endorsing the Douglas County Commission’s decision to close the bridge.</P> <P>We prefer this option, because we feel it enables both commissions to meet our previous commitments. This option would also enable both commissions to place funding in detour safety improvement, and contractor incentives to complete the project as early as possible</P> <P>&nbsp;2)&nbsp;&nbsp; Jefferson County limits their financial commitment to its share (estimated to be 10.7%) of the engineering design work, and pays nothing toward the actual construction cost. </P> <P>We feel that the Jefferson County Commissioners are committed, at a minimum, to its share of the engineering design costs, based on our previous public discussions and agreement. However, if Jefferson County chooses this option, it will be impossible for Douglas County to build incentive payments into the contract in order to expedite the project.</P> <P>3)&nbsp;Jefferson County limits their financial commitment to its share of the design work (estimated to be 10.7%), and agrees to fund 100% of any financial incentives that are provided in the contract for the contractor to expedite the project, and some portion of safety improvements along the detour routes.</P> <P>Under this option, the Jefferson County Commissioners would be able to determine the amount of financial incentives, and the number of detour safety improvements that you would be willing to fund. It would not be necessary for you to approve our decision to close the bridge, but you would be able to help expedite the project, and minimize the length of time that the bridge was closed. Since you have identified a strong desire to minimize the length of time that the bridge was closed and the safety of the detours, this option would provide a means for you to pursue these objectives, in spite of the disagreement between our two commissions.</P> <P>We assume that the painting portion of the project is not in question, as that will occur later, and can be done while the bridge is open to traffic. Whether of not the bridge is closed during construction, it was determined that removing the existing lead-based paint and repainting the superstructure is needed to maximize the life of the bridge. Under either construction option, re-painting would be done after opening the bridge to traffic. For any of the three above options, we would expect Jefferson County to contribute its share (estimated to be 10.7%) of the cost to repaint the steel superstructure.</P> <P>The Douglas County Commission is committed to the safe completion of this project. Toward that end, we will take every action within our means and jurisdiction to enhance safety along the detour routes during bridge closure. We have already begun discussing improved signage and other traffic controls, increased law enforcement presence, and a meeting with KDOT to further consider safety enhancement for this project.&nbsp;&nbsp; </P> <P>Obviously, there are collateral concerns such as impacts of bridge closure upon the Perry-Lecompton School District.&nbsp; The Douglas County Commission will look to the Jefferson County Commission to identify such concerns and recommend how they might best be mitigated during the project. To the extent that mitigating concerns and offering construction incentives involves additional funding, we expect Jefferson County to fund those efforts with an earmarked reinvestment of some of the $330K if it is withdrawn from this project.&nbsp; </P> <P>We recognize that decisions such as this are difficult as both boards have had to balance: 1) the need to provide the safest possible bridge that will serve us for a long time, 2) the need to minimize the number of bridge closings, and 3) the need to keep costs as low as possible. This decision has forced us as elected officials to balance these needs. After much public discussion, and with every intent to abide by our previous agreements on this project, the majority of each board has chosen to balance these factors differently. </P> <P>We encourage you to call any one of us if you have questions and we look forward to your response.</P> <P><BR>Bob Johnson &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney<BR>Commissioner&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Commissioner&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Commissioner<BR>785-331-6884&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;785-218-1012&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;785-865-6038&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; </P> <P><BR>Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>REFERENDUM 09-20-06</STRONG><BR>Craig Sundell, Chair for the political Action Committee, Kansas for Common Sense and Accountability (KCSA), led a discussion explaining why Douglas County should have a non-binding, advisory referendum placed on the November 7, 2006 voting ballot to include the issues of (1) completion of the South Lawrence Trafficway (SLT) along the 32nd Street corridor and (2) tax relief for senior citizens. Sundell expressed concern that State and Federal authorities may be confused about the City’s and County’s intensions on the SLT and believes a citizens’ vote would accelerate the progress on this project.&nbsp; He also believes a local vote on property tax relief for senior citizens can have an impact on statewide relief. Sundell stated that a non-binding referendum establishes a base from which a gauge can be used to measure&nbsp; where people are on an issue. He believed that by initiating the discussion, the Kansas Legislature will be forced to look at these issues. </P> <P>Jones stated these are important complex issues. However, the Douglas County Commission has no power to alter property taxes. Tax relief would fall under an amendment to the Kansas Constitution. The SLT would also fall under an amendment to the Constitution because we are seeking federal funding. If Douglas County were to pay for the improvements, property owners would see a mill levy increase of about 10 mills, or an approximate 33% increase in property taxes. Therefore, we must rely on federal funding. A vote on these two issues would not instill democracy, but rather would result in a sense of frustration and cynicism because there would be no empowerment with the vote. Johnson stated that no one is bound by the vote on these issues. It’s a public opinion poll; he d&#160;s not support the idea of a referendum. </P> <P>Johnson further stated, “However, I think we are creating an opportunity for you and your cause to get in front of the people. Therefore, I feel this discussion is worthwhile.”&nbsp;&nbsp; McElhaney commented that a non-advisory referendum is a one time shot to get people to the polls. We are a representative form of government, and people shouldn’t be showing up to vote on just a referendum. They should have the right to participate all year. </P> <P>Johnson opened the issue for public comment.</P> <P>Michael Caron, 315 Park Hill Terrace, Executive Director of Save the Wakarusa Wetlands, spoke in opposition of putting a non-advisory referendum regarding the SLT on the ballot. </P> <P>Les Hannon, 5504 Plymouth Drive, discussed his experience in City planning and suggested the governing bodies in Lawrence and Douglas County develop a Master Plan for long-range planning to set parameters for roads and various structures being built. </P> <P>Raylin Butler, Muskogee Creek Nation from Tulsa, OK, a junior at Haskell University, commented there are no easy solutions to these issues and she respects the Commissioners’ and public’s responses. Butler feels Haskell’s presence is important to this community and d&#160;s not want the public to blame Haskell University for the delay on the SLT project. </P> <P>Johnson closed the public comment. Sundell requested that the Board make a formal vote for public record. </P> <P>Jones made a motion to respectfully deny the request to include a non-binding advisory referendum of Douglas County voters on the November 7, 2006 general election ballot. The motion was seconded by McElhaney and it carried unanimously. </P> <P><STRONG>ACCOUNTS PAYABLE 09-20-06</STRONG><BR>Jones moved to approve manual checks in the amounts of $70.00 be paid on 09/18/06, and $494.80 to be paid 09/20/06. Motion was seconded by McElhaney and carried unanimously. </P> <P><STRONG>MISCELLANEOUS 09-20-06</STRONG><BR>The Board entertained questions from Megan Bracciano, a 9th grader at Southwest Junior High School, for a Biology project concerning the placement of the SLT through the wetlands. </P> <P>&nbsp;</P> <P><BR>Johnson moved to adjourn the meeting. Jones seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp; Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Charles Jones, Member</P> <P>&nbsp;</P> <P>&nbsp;</P> <P>&nbsp;</P>

<P>&nbsp;Johnson called the meeting to order at 6: 35 P.M. on Wednesday, February 22, 2006 with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 02-22-06</STRONG><BR>There were no consent items.</P> <P><STRONG>PLANNING 02-22-06</STRONG><BR>The Board considered Item No. 16 of the minutes of the Lawrence-Douglas County Metropolitan Planning Commission dated January 25, 2006. This item is CPA-2005-1: An amendment to Horizon 2020 to update the Transportation Element (Chapter 8) to make it consistent with the update of the comprehensive transportation plan Transportation 2025. Bill Ahrens, staff member of the Lawrence-Douglas County Metropolitan Planning Department, explained that this amendment was initiated by the Planning Commission at its April 27, 2005 regular meeting at the recommendation of the Comprehensive Plans Committee (CPC). A draft updated chapter was considered by the Planning Commission in May, 2005 and was referred back to the CPC for further revisions. The Planning Commission recommended approval on September 26, 2005, and forwarded the chapter to governing bodies. The updated chapter was considered by the Lawrence City Commission and Douglas County Commission on October 18 and 19, 2005, respectively. Both governing bodies voted to return the chapter to the Planning Commission. The City Commission requested that the Planning Commission address issues with the Major Thoroughfares Map. The County Commission requested that the Planning Commission address issues with the Major Thoroughfares Map and revise text language to add language that addresses county road terminology. This item comes to the Board with a unanimous recommendation for approval with the following revisions:</P> <P>&nbsp;1.&nbsp;Policy 7.1.b. revised to state “... sidewalks shall be provided on both sides of the street. Sidewalks should be constructed wider than standard widths...”.<BR>&nbsp;2.&nbsp;Major Thoroughfare Map corrected to remove the incorrect link shown on Franklin Road between 31st Street and South Lawrence Trafficway.<BR>&nbsp;3.&nbsp;Major Thoroughfare Map revised to extend Peterson Road as a Principal Arterial from Folks Road westward to E 800 Road.</P> <P>After discussion, Jones made a motion to approve the Comprehensive Plan Amendment (CPA) to Horizon 2020, Chapter 8 -- Transportation subject to the above-referenced conditions and that the minutes reflect that the Board defers to the City Commission and Planning Commission in terms of how they reconcile the Peterson Road issue (Condition #3).<BR>McElhaney made a motion to adjourn; Jones seconded and the motion carried.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P> <P>ATTEST:</P> <P><BR>_____________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Charles Jones, Member</P>

<P>Johnson called the meeting to order at 8:15 a.m. on Friday, September 22, 2006 <BR>with all members present.&nbsp;&nbsp; </P> <P>Jones made a motion to approve the minutes of September 11, 2006 as amended. The motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>CONSENT AGENDA 09-22-06</STRONG><BR>Johnson moved approval of the following Consent Agenda:</P> <P>&#9658; Approval of KLZR/KLWN Property Use Lease request to purchase and install the necessary radio equipment to make the KLZR site operational (amended); and<BR>&#9658; Approval of Agreement with KDOT for Inspection of Bridge Hinge Pins on Kansas River Bridge at Lecompton DGCO Bridge No. 21.30-06.15; NBI Bridge No. 000000000230240.</P> <P>The motion was seconded by Jones and carried unanimously.</P> <P><STRONG>COMMUNITY CORRECTIONS 09-22-06</STRONG><BR>Ron Stegall, Director of Community Corrections, conducted a brief presentation on the results of the Community Corrections Evaluation Summary Year-End Outcome results, which presents the agency’s accomplishments for the fiscal year, as well&nbsp;&nbsp;&nbsp; as any current and future needs. The report also serves as a means of internal communication with staff and external communication with all stakeholders. Jones made a motion to approve the DCCC FY2006 Year-End Outcomes. McElhaney seconded the motion and it carried 3-0. </P> <P><STRONG>PUBLIC WORKS 09-22-06</STRONG><BR>Doug Stephens, Public Works, discussed the bids for DGCO Project No. 2005-8, improvements to E 1300 Road from N 100 Road to N 150 Road.&nbsp; King’s Construction Company submitted the lowest bid in the amount of $203,202.40. The project entails the reconstruction of the 1/2-mile segment of E 1300 Road including replacing the existing bridge located approximately 0.1 mile north of N 100 Road. Improvements are necessary due to the proposed closure of N 100 Road just east of the proposed US-59 highway, and the need to provide serviceable access to existing US-59 highway for properties along N 100 Road and E 1300 Road. </P> <P>McElhaney made a motion to accept the low bid from King’s Construction Company, Inc. in the amount of $203,202.40 to construct Project No. 2005-8, improvements to E 1300 Road between N 100 Road and N 150 Road, and authorizes the Public Works Director to approve change orders up to and including 5% of the construction contract amount. The motion was seconded by Jones and carried unanimously. </P> <P><STRONG>MISCELLANEOUS 09-22-06</STRONG><BR>At 8:35 a.m., Johnson made a motion that the Board go into Executive Session&nbsp;&nbsp; with Craig Weinaug, County Administrator, to discuss a potential land acquisition. The motion was seconded by Jones and it carried unanimously. The Board returned to regular session at 9:05 a.m. No action was taken.</P> <P>Johnson moved to adjourn the meeting. Jones seconded and the motion carried unanimously.</P> <P><BR>_____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member<BR></P>

<P><BR>Johnson called the meeting to order at 6:35 p.m. on Wednesday, October 4, 2006 <BR>with all members present. The Pledge of Allegiance was recited.</P> <P>Jones made a motion to approve the minutes of September 18 and September 20, 2006, as amended. The motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PROCLAMATION 10-04-06</STRONG><BR>Sean Price, Douglas County 4-H Ambassador, read a Proclamation proclaiming the week of October 1-7, 2006, as “National 4-H Week.” Jones made a motion to approve the Proclamation; McElhaney seconded and the motion carried unanimously. </P> <P><STRONG>ANNOUNCEMENTS&nbsp;&nbsp; </STRONG><BR>George Catt, Executor of the Helen Dreher Estate, named the Douglas County 4-H Organization as the recipient of the corpus of her estate, with money to be used to construct a building on the Douglas County Fairgrounds for 4-H use, and that the building be named for the “Dreher Family” with a placard thereon.</P> <P>In appreciation and in response to the announcement, Justice Fred Six, owner of the former Dreher property and friend of the many local 4-H Clubs, gave an oration of Helen Dreher’s memories of life in Douglas County.&nbsp; Dr. Marilyn Colgan, Douglas County 4-H Foundation President, and Trudy Rice, Douglas County Extension Director, accepted the gift and expressed their appreciation on behalf of all 4-H youth in Douglas County.</P> <P><STRONG>PROCLAMATION 10-04-06<BR></STRONG>Charlene Winter, Family Community Education, read a proclamation proclaiming the week of October 8-14, 2006 as “Kansas Family and Community Education Week.” Jones made a motion to approve the Proclamation; McElhaney seconded and the motion carried unanimously,</P> <P><STRONG>CONSENT AGENDA 10-04-06</STRONG><BR>Jones made a motion to approve Commissioners Order Nos. 06-172 and 06-174. The motion was seconded by McElhaney and carried unanimously. Orders are on file in the Office of the County Clerk.</P> <P>Jones made a motion to approve TBU Retail Sale of Dried Fruit &amp; Nuts with a note to the file to review concerns regarding traffic on Highway 59. McElhaney seconded the motion and it carried unanimously.<BR>&nbsp;&nbsp;<BR><STRONG>PLANNING 10-04-06</STRONG><BR>The Board considered item CUP-04-03-06, a Conditional Use Permit request for Midnight Farm, located at 2084 N 600 Road.&nbsp; This proposed residential living facility contains approximately 40.52 acres. The site plan, submitted by Landplan Engineering, PA, for Community Living Opportunities, property owner of record,&nbsp; includes four residences and several accessory buildings designed not only for on site residents, but also to be used for daytime services and activities for clientele who live off-site. Lisa Pool, Lawrence-Douglas County Metropolitan Planning Department, was present for the discussion. This item comes to the Board with a recommendation for approval based on the following Findings of Fact:</P> <P><STRONG>Zoning and land uses of surrounding properties.</STRONG> The properties in each direction are zoning A (Agricultural) District and includes agricultural and large-lot single-family residential uses. A 2.1-acre parcel southeast of the subject property, which includes a single-family residence, has been zoned I-2 (Light Industrial) District since the adoption of the 1966 Douglas County Zoning Regulations. </P> <P><STRONG>Character of the area.</STRONG> The area is characterized by rural residences and farmland. Neither E 2100 nor N 600 Roads are hard-surfaced roadways. The subject property is located outside the City of Lawrence Urban Growth Area. </P> <P><STRONG>Suitability of subject property for the uses to which it has been restricted.</STRONG>&nbsp;&nbsp; The subject property is suitable for certain agricultural uses due to its location outside of UGA. However, as two residences currently exist on the site, it has proven its suitability for residential use, as well. Non-profit institutions are permitted in any zoning district with a Conditional Use Permit. The project design includes for single-family residences, as well as a livestock pen, barn/stable, covered area, multi-purpose building, swimming pool, garden, greenhouse, outdoor seating area, and trail. A public water supply, Rural Water District #4, is available to serve the residences. The adjacent roadways, E 2100 and N 600 Roads, are classified as rural roads according to the Douglas County Major Thoroughfares Map. Neither road is paved, however,&nbsp;&nbsp; a paved road, N 700 Road, is located approximately one mile from the subject property. </P> <P><STRONG>Length of time subject property has remained vacant as zoning.</STRONG> The property has been zoned A (Agricultural) District since the adoption of the 1966 County Zoning Regulations. One single-family residence, one mobile home trailer, and several accessory buildings are located at the southern edge of the property. The standard single-family residence has existed on the site since 1973. Pole barns were erected in 1976 and 1996. </P> <P><STRONG>Extent to which removal of restrictions will detrimentally affect nearby property.</STRONG>&nbsp; The applicant proposes to add three new single-family residences and accessory uses/buildings to a site that currently includes one single-family residence and one mobile home trailer. The trailer will be replaced with one of the new single-family homes. A new driveway off N 600 Road will serve all residences. Two existing driveways off N 600 Road will be removed upon construction of the 25 foot-wide central private drive.&nbsp; </P> <P>Parcels surrounding the proposed project range in size from less than two acres to more than 150 acres and include large-lot residence and agricultural uses.&nbsp; As all new residences will be located towards the center of the subject site, the eastern and western edges of the site will predominately comprise open space, including livestock and gardening. Nearly 200 feet will separate the subject site’s northernmost residence from the property to the north. As a condition of approval, a note should be placed on the plan which states that all existing vegetation will be retained along each property line and in other areas of the site where no development is proposed. The site’s existing vegetation will assist in buffering project activity from adjacent properties and roadways. </P> <P>It is important to note that while buffering and screening will help alleviate impacts, the project will result in an increase in traffic on nearby roadways due to additional residences and day services. The increase in traffic may result in the need for additional township road maintenance. As a condition of approval, the site plan should include notation of acknowledgement that the property owner may be asked to participate in road maintenance efforts if maintenance needs increase due to an increase in traffic generated by the project.</P> <P><STRONG>Relative gain to the public health, safety and welfare by the destruction of the value of petitioner’s property as compared to the hardship imposed upon the individual landowners.</STRONG>&nbsp; Approval of the Midnight Farm Conditional Use Permit would benefit CLO in that additional services, including rural living and daytime activities, will be made available to its clientele. Additionally, the organization’s extended family teaching model serves as an alternative to state institutions for people with developmental disabilities. Denial of the request would result in CLO-owned property which cannot be developed to serve the organization’s needs.</P> <P><STRONG>Conformance with The Comprehensive Plan.</STRONG>&nbsp; The project conforms with Horizon 2020 goals and policies related to growth management and the unincorporated areas of Douglas County. Specifically, the project proposed to maintain 38 acres of the 40-acre property for open space. The site’s open space will include a livestock pen, garden, greenhouse, outdoor seating area, trail, and existing vegetation. Many of these open space uses seek to maintain the rural character of the parcel. The site’s four single-family residences will be clustered along a single gravel driveway accessed from N 600 Road. </P> <P>AND subject to the following conditions:</P> <P>1)&nbsp;Approval of a preliminary plat for the project,<BR>2)&nbsp;Approval and recordation of a final plat for the project.<BR>3)&nbsp;Revision of the site plan to include the following:<BR>a)&nbsp;Notation that the permit will be administratively reviewed by the County in&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 5 years (Calendar Year 2011).<BR>b)&nbsp;Notation that the permit will expire at the end of 10 years (Calendar Year 2016), unless an application for renewal is approved by the local governing body.<BR>c)&nbsp;Notation of retention of all existing vegetation along each side of the property and in other areas where no development is proposed.<BR>d)&nbsp;Notation of a landscape schedule which includes proposed vegetation, if any.<BR>e)&nbsp;Notation indicating that if the homes are sold to families or individuals in the future, each home site will be replatted as a separate lot.<BR>f)&nbsp;Revision of the note “70-foot access and utility easement” to state “70-foot access and utility easement to be dedicated with forthcoming one-lot plat.”<BR>g)&nbsp;Notation of numbers of weekly activities, numbers of staff/clients included in each weekly activity, hours/days of weekly activities, number of overnight campers, and numbers of residents (including staff/clients).<BR>h)&nbsp;Notation of acknowledgement that the property owner may be asked to participate in road maintenance efforts if maintenance needs increase due to an increase in traffic generated by the project.<BR>i)&nbsp;Notation that if the property is utilized for a large event or fundraiser which increase the site’s occupants beyond what is noted in the June 2, 2006 CLO letter, the Director of the Douglas County Zoning and Codes Department will be contacted for further instruction.<BR>j)&nbsp;Notation, stating that the homes will be differentiated from one another by style and/or color.</P> <P>Tim Herndon, Landplan Engineering, PA, representing Community Living Opportunities, discussed the decision to submit a Conditional Use Permit as opposed to a Planned Unit Development. Their goal has been to design a facility to maintain the rustic character of the area while filling the mission of CLO. The single-drive plan minimizes traffic access points and destruction of trees. Under the 5-acre exemption rule, if the client has an identified survey in existence prior to the moratorium, CLO could construct as many as eight houses on the property. However, the plan has been reduced to four houses with a single drive.&nbsp; If a situation occurred where CLO no longer owned the property, the new owner would have to go through the subdivision process and a right-of-way would need to be dedicated. The new developer or owner would be responsible for any improvements. </P> <P>Jolene Peterson, Director of Days Service at CLO and Project Manager, expressed appreciation for the neighbors’ input and for allowing her the opportunity to discuss the mission of the project. </P> <P>Mike Strouse, CEO of Community Living Opportunities, discussed the need for people with developmental needs to experience a rural life style. Jones questioned the commitment of CLO to this project and what type of neighbors CLO would be. Strouse replied that there is a long-term commitment and CLO would be great neighbors.</P> <P>Howard Duncan, Lecompton, described his son’s positive experiences with CLO and commented that CLO is not new to Douglas County; there are currently over 300 CLO sites. </P> <P>Trip Frizell, CLO Board Member, discussed the current situation of his son, his positive experiences with CLO, and his son’s needs for the future.</P> <P>Jones made a motion to open the discussion for public comment. Johnson seconded and the motion carried 3-0.</P> <P>Don Otto, neighbor, owns a large pond in the nearby area and stated his safety concerns for the residents of CLO and the need for close supervision. </P> <P>J&#160;l Souders, neighbor, stated that the proposal is a good idea in theory but he has the following concerns: whether the CLO staff and residents have the experience to maintain the rural upkeep obligations; whether CLO is complying with state and federal guidelines; whether there is an advocate for the residents; can CLO obtain insurance; and water issues including meters and water pressure. </P> <P>Ron Wright, neighbor, stated it is hard to argue against this project but d&#160;s have concerns regarding the distance from services and the road maintenance created from the excess traffic. </P> <P>Sharon Spratt, Cottonwood Inc., stated this project provides another option for all citizens with disabilities. The risk is something the service providers will have to handle. </P> <P>Mary Swank, neighbor, has lived in area for 32 years and is concerned with taxes and funding for the project. She also feels that allowing one driveway is not fair because other area residents have been denied requests for shared driveways.</P> <P>Herndon commented on traffic caused by various businesses and a church in the area. Wright responded to this comment by stating that the church traffic is on the blacktop, not the graveled road, and the other businesses in the area virtually generate no traffic as opposed to the considerable trips that CLO is proposing for day services.</P> <P>Jones made a motion to close the public hearing. McElhaney seconded the motion and it carried 3-0.</P> <P>McElhaney commented that he read all the comments from the public, but supports the single driveway entrance. He believes the plan falls under Horizon 2020 and that the project will be well conceived and well managed. Johnson stated that the CUP has a condition of 10 years unless revoked and that CLO is taking the risk and promising to be good neighbors. He supports the project from a “goals and guidelines point of view” as the right thing to do. Jones stated his support for the project and commented “it is not right to force CLO to have higher standards than other applicants.” </P> <P>Johnson made a motion to approve CUP-04-03-06 Conditional Use Permit request for Midnight Farm, subject to the conditions noted, except H, I and J (listed in above minutes) set by the Planning Commission on August 23, 2006. The motion was seconded by Jones and carried 3-0. Jones requested that the record show that the exclusion of conditions H, I and J d&#160;s not represent a significant change to require resubmitting this plan to the Lawrence/Douglas County Planning Commission for approval.</P> <P><STRONG>PERSONNEL &amp; POLICY<BR></STRONG>The item to discuss a Revised Personnel Policy draft document was deferred to Monday, October 9, 2006 meeting. </P> <P><STRONG>ACCOUNTS PAYABLE 10-04-06</STRONG><BR>Jones moved to approve payroll in the amount of $693,428.70 to be paid on 09/14/06, KPERS in the amount of $54,996.90 and FICA in the amount of $51,008.99 to be paid on 09/15/06; payroll for an election worker in the amount of $85.00 to be paid 09/08/06; payroll in the amount of $675,920.09 to be paid on 09/22/09, KPERS in the amount&nbsp;&nbsp; of $52,309.19 and FICA in the amount of $51,755.56 to be paid on 09/29/06; accounts payable in the amounts of $1,049,717.11 to be paid on 09/25/06 and $250,558.63 to be paid 10/02/06; and manual checks in the amounts of $110.00&nbsp; to be paid on 09/26/06, $1192.32 to be paid on 09/29/06, and $593.52 to be paid on 10/03/06.&nbsp;&nbsp;&nbsp; The motion was seconded by McElhaney and it carried unanimously.</P> <P><STRONG>MISCELLANEOUS 10-04-06</STRONG><BR>The Board discussed the upcoming 31st Annual Conference for Kansas Association of Counties. Johnson made a motion to name Charles Jones as a delegate to represent the Douglas County Board of Commissioners at the meeting. McElhaney seconded and the motion carried unanimously. </P> <P>Jones moved to adjourn the meeting. The motion was seconded by McElhaney and carried unanimously.</P> <P>____________________________&nbsp;&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member</P>

<P><BR>At 2:30 p.m., Johnson made a motion that the Board move into executive session&nbsp;&nbsp; until 3:00 p.m. with Craig Weinaug, County Administrator and Pam Madl, Assistant County Administrator, to discuss possible litigation with County Counselor. The motion was seconded by Jones and carried 2-0. McElhaney was absent. The Board returned to regular session at 3:00 p.m. No action was taken.</P> <P>Johnson called the meeting to order at 3:05 p.m. on Monday, October 9, 2006 <BR>with two members present. Jere McElhaney was absent. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 10-09-06</STRONG><BR>Johnson moved approval of the following Consent Agenda:</P> <P>&#9658; Approval of Construction Engineering Force Account Agreement with KDOT for Route 442 Bridge Replacement Project No. 23 C-4121-01 (Keith Browning); and<BR>&#9658; Approval of Personal Services Agreement from Linda Finger for Consultant’s continued land use planning and consulting services.</P> <P>The motion was seconded by Jones and carried 2-0. </P> <P><STRONG>ANNEXATION 10-09-06</STRONG><BR>John Miller, Staff Attorney for the City of Lawrence, discussed the adoption of Resolution 6682 initiating the annexation of a 9.9 acre tract located south of I-70&nbsp; and north of Martin Park for the purpose of constructing a sanitary sewer pumping station. Work is scheduled to begin this fall and be completed in July 2007. Johnson opened the issue for public comment; there was no public comment.</P> <P>Jones made a motion to approve Resolution No. 6682, adopted September 12, 2006, by the City of Lawrence, Kansas requesting the Board of County Commissioners of Douglas County to make certain finding regarding the annexation of property pursuant to K.S.A. 12-520c (property located south of I-70 and north of Martin Park, and to show finding that the annexation will not hinder or prevent proper growth in the area or of any other incorporated city in Douglas County. The motion was seconded by Johnson and carried 2-0.</P> <P><STRONG>SHERIFF &amp; PURCHASING 10-09-06</STRONG> <BR>Ken McGovern, Douglas County Sheriff, presented the Board with a proposal to purchase 17 Digital Ally mirror in-car video systems for the Douglas County Sheriff’s office patrol vehicles using equipment reserve money. Video systems help ensure officer safety and integrity, departmental security and court creditability. The choice of the Digital Ally system was based upon product performance testing of five models over a period of three weeks to two months per unit. Digital Ally proved to be the most reliable. Jones made a motion to approve the purchase of 17 Digital Ally mirror video systems and to waive the Purchasing Policy. Johnson seconded the motion and it carried 2-0. </P> <P><STRONG>PERSONNEL POLICY 10-09-06</STRONG><BR>The Board discussed editorial comments regarding the Revised Personnel Policy draft document. Pam Madl, Assistant County Administrator, was present for discussion. Madl will review and revise draft based on Board suggestions. Item tabled to Wednesday, October 11, 2006 meeting.</P> <P><STRONG>PLANNING 10-09-06</STRONG><BR>The Board discussed item Z-05-11-06, a request to rezone a tract of land approximately 40 acres from A (Agricultural) District to A-1 (Suburban Residential) District.&nbsp; The property is generally described as being located on the east side of E 1800 Road between N 1000 and N 1100 Roads.&nbsp; The application is submitted by Dallas Livengood, for Charles Waits, and Mark and Debbie Schr&#160;der, property owners of record. Paul Patterson, Lawrence/Douglas County Metropolitan Planning Department was present for the discussion. Staff recommends approval of rezoning 40.91 acres from the A District to the A-1 District and forwarding it to the Board of County Commissioners with a recommendation for approval based on the following Findings of Fact:</P> <P><STRONG>Zoning and uses of property nearby.</STRONG> The subject property is zoned for agricultural uses. The surrounding area is similarly zoned and used for agricultural activities. Rural residential uses can be found in all four directions.</P> <P><STRONG>Character of the area.</STRONG> The character of the area is a mix of agricultural and rural residential uses. </P> <P><STRONG>Suitability of subject property for the uses to which it has been restricted.</STRONG> The suitability of the use of the subject property for agricultural activity is not questioned. The property may be developed with residential use as it is located within the Urban Growth Area. The property is suitably zoned for agricultural activity. </P> <P><STRONG>Length of time subject property has remained vacant and zoned.</STRONG>&nbsp; The property was zoned Agricultural with the adoption of the County Zoning Regulations in 1966.</P> <P><STRONG>Extend to which removal of restrictions will detrimentally affect nearby property.</STRONG> Rural residential uses can be found in all directions. E 1800 is an improved graveled road at this location. The request is consistent with the surrounding development pattern.&nbsp; </P> <P><STRONG>Relative gain to the public health, safety and welfare by the destruction of the value of the petitioner’s property as compared to the hardship imposed upon the individual landowners.</STRONG>&nbsp; There is no outstanding public harm nor is there any obvious gain to the public health, safety and welfare by the proposed request. This request was not initiated by the public and therefore there is no related destruction&nbsp; of value of the subject property since it may continue to be used for agricultural purposes and the existing rural residential use. The hardship to the applicant is the loss of ability for rural residential development at this time. Staff d&#160;s not anticipate any hardship associated with either approval or denial of request on adjoining properties. </P> <P><STRONG>Conformance with comprehensive plan.</STRONG>&nbsp; The proposed request conforms to several Horizon 2020 policies related to low density residential uses. Specifically, each lot exceeds the minimum lot size recommendation of three acres within the UGA regarding Policy 1.2a. The rezoning resolution will not be published until the recordation of a final plat.</P> <P>And with the following condition:</P> <P>(1)&nbsp;Recording of a final plat prior to publication of the rezoning resolution.</P> <P>Due to absence of the applicant and an absent Board member, Planner deferred the item to the Wednesday, October 11, 2006 meeting.</P> <P><STRONG>PLANNING 10-09-06<BR></STRONG>Paul Patterson, Lawrence/Douglas County Metropolitan Planning Department deferred item PF-08-23-06, a Final Plat request for Livengood Estates Subdivision, located east of E 1800 Road between N 1000 and N 1100 Roads, to the Wednesday, October 11, 2006 meeting.</P> <P><STRONG>PLANNING 10-09-06<BR></STRONG>The Board considered the approval of a Joint County Resolution/City Ordinance follow-up to the previously approved Comprehensive Plan Amendment to Chapter 9, Horizon 2020, Park, Recreation, Open Space Areas and Facilities, approved by the County Commission on June 12, 2006, and the City Commission on August 15, 2006. Johnson made a motion to open the item for public comment. Jones seconded the motion and carried unanimously. There as no public comment.</P> <P>Jones made a motion to approve Resolution No. 06-33/Ordinance No. 0841 Joint Ordinance/Resolution of the City of Lawrence, Kansas and the Board of County Commissioners of Douglas County, Kansas amending the Comprehensive Land&nbsp; Use Plan “Horizon 2020” Pursuant to K.S.A. 12-747, by adopting text amendments revising Chapter Nine – Park, Recreation, Open Space Areas and Facilities contained in Horizon 2020 and replacing the existing Chapter Nine. The motion was seconded by Johnson and carried 2-0.</P> <P><STRONG>SUBDIVISION REGULATIONS &amp; PLANNING 10-09-06</STRONG><BR>The Board held a public hearing on proposed items: amendments to CPA-2006-1, Comprehensive Plan, Horizon 2020, Chapters 4 &amp;5; the adoption of TA-01-02-06 and TA-01-03-06, which are companion documents that together create new Rural Development Regulations within the existing zoning and subdivision regulations of Douglas County; and TA-12-05-03 revisions recommended to the floodplain management requirements for residential development within the Urban Growth Area of Lawrence as initiated for public hearing by the Board of County Commissioners on January 25, 2006.</P> <P>The Commission started with eight general issues or policy questions that needed further discussion:</P> <P>1.&nbsp;Road Frontage along local roads -- should the frontage be 250' or 330' <BR>2.&nbsp;Corner Clearance along local roads -- should the clearance distance be 200'&nbsp;&nbsp;&nbsp;&nbsp; or 250'<BR>3.&nbsp;The extension of Peterson Road as shown in Horizon 2020 on Figures 4-1 and 4-2 (an issue presented by Bob Lichtwardt) *This item was later struck from their list of considerations based on the Commission's opinion that this was a city issue.<BR>4.&nbsp;The elimination of platted subdivisions in the UGA and Rural areas of the county; which had been part of the Bock’s original proposal.<BR>5.&nbsp;Changes to Conservation Cluster Developments and the potential for future development of the 40% of the development restricted from immediate development<BR>6.&nbsp;Conservation Easements and the permanence of such easements after annexation of the development by a city.<BR>7.&nbsp;Parent Parcels created in the Rural Area: the number of divisions permitted&nbsp; (1 vs. 2) and individual parcels created (2 vs. 3) and the limitation of parent parcels along local roads to exactly 20 acres.<BR>8.&nbsp;A conflict in effective dates between the Vested Rights section of the Subdivision Regulations and proposed amendments to Article 6 [A-Agricultural District] in the County Zoning Regulations.</P> <P>Jones opened the discussion for public comment.</P> <P>Dan King, Douglas County resident, commented that he is not clear on the road frontage issue and requested an explanation on the 250’ frontage vs. the proposed 330’ frontage.</P> <P>Bob Lichtwardt, Douglas County resident, expressed concern about a concept map showing an arterial road from Peterson Road westward to Queens Road bisecting Martin Park.</P> <P>Dave Henry, Douglas County resident, stated that his family has owned property for six generations and is concerned whether the new regulations would apply retroactively to parcels that existed prior to the adoption of the regulations.</P> <P>After discussion and public comment, the County Commission consolidated their issues for discussion by directing staff to draft language for their consideration on&nbsp; Wednesday, October 11, 2006 to:<BR>-&nbsp;Revise the Access Management Regulations to 330' for minimum frontage along local roads and to 250' corner clearance for local roads <BR>-&nbsp;Revise section 20-806(c)(1) to remove the requirement that Parent Parcel's be exactly 20 acres along local (classified) roads.&nbsp;&nbsp; <BR>-&nbsp;Revise Vested Rights (section 20-801(e)) and Article 6 , Section 6-2.8 (County Zoning Regulations) to eliminate the discrepancy in dates and resolve the gap between the moratorium date of June 1, 2005 and the publication date of the proposed amendments to county regulations <BR>This left the following larger policy issues for discussion at the Wednesday,&nbsp;&nbsp; October 11, 2006 meeting:<BR>&nbsp;<BR>1.&nbsp;Residential Development options in the UGA and Rural Area [The Planning Commission's recommended administrative development procedures after elimination of platted subdivisions. Included within this presentation from staff and consultant should be a comparison of conservation easements and future development areas and how the administrative procedure for Conservation Cluster developments has changed from BOCC to PC version.]</P> <P>2.&nbsp;&nbsp; Parent Parcel in the Rural Area -- the creation of 2 or 3 residential development parcels based on the approval of 1 or 2 divisions per Parent Parcel.<BR>&nbsp;<BR>3.&nbsp; RWDs and city contracts with Rural Water Districts based on revisions to the Rural Development Regulations (subdivision &amp; zoning regulations and Horizon 2020 policies) by the County Commission. <BR>&nbsp;<BR>4.&nbsp; The effective date for implementation of the new Subdivision and Zoning Regulations and associated documents, such as the Access Management Regulations. [A recommendation from staff, the consultant and the county counselor should be prepared for response to this issue}</P> <P>Discussion was tabled until the Wednesday, October 11, 2006 meeting.</P> <P><STRONG>ACCOUNTS PAYABLE 10-09-06</STRONG><BR>Jones moved to approve payroll in the amount of $278,444.33 to be paid 10/09/06 and a wire transfer in the amount of $269,349.80 to be paid on 10/06/06. The motion was seconded by Johnson and carried 2-0.</P> <P><STRONG>MISCELLANEOUS 10-09-06</STRONG><BR>The Board discussed setting a date for the final action vote on the subdivision regulation items to be Wednesday, October 18, 2006. </P> <P>Jones moved to adjourn the meeting; Johnson seconded and the motion carried 2-0.</P> <P>_________________________&nbsp;&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp; Charles Jones, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;<BR>Jamie Shew, County Clerk&nbsp;&nbsp;</P>

<P>Johnson called the meeting to order at 6:35 p.m. on Wednesday, October 11, 2006 <BR>with two members present. McElhaney was present via speaker phone. The Pledge of Allegiance was recited. The Board requested a moment of silence to honor the passing of Patricia C. “Patty” Jaimes, retired Clerk of Douglas County.</P> <P>Jones made a motion to approve the minutes of September 22, 2006. The motion was seconded by McElhaney and carried unanimously</P> <P><STRONG>CONSENT AGENDA 10-11-06</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <P>&#9658; Approve Commissioners Order No. 06-175. Order is on file in the Office of the County Clerk.</P> <P>The motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PERSONNEL &amp; POLICY 10-11-06&nbsp; <BR></STRONG>The Board discussed revisions to the Personnel Policy draft document. McElhaney questioned when the Revised Personnel Policy would go into affect. Madl suggested the first of the year in order to allow time to distribute the documents and give employees time to familiarize themselves with the new policies. Jones suggested an exception be added to the policy which would allow the Board of Commissioners, with a majority vote, to have the right to hear an administrative issue.</P> <P>Jones made a motion to approve the Revised Personnel Policy with amendments and to give the Assistant County Administrator the authority to revise the language. McElhaney seconded the motion and it carried unanimously. </P> <P><STRONG>PLANNING &amp; ZONING 10-11-06</STRONG><BR>Paul Patterson, Lawrence/Douglas County Metropolitan Planning Department, presented item Z-05-11-06, deferred from the Monday, October 9, 2006 meeting, a request to rezone a tract of land approximately 40 acres from A (Agricultural) District to A-1 (Suburban Residential) District.&nbsp; The property is generally described as being located on the east side of E 1800 Road between N 1000 and N 1100 Roads. The application is submitted by Dallas Livengood, for Charles Waits, and Mark and Debbie Schr&#160;der, property owners of record.</P> <P>McElhaney made a motion to approve Z-05-11-06, a request to rezone a tract of land approximately 40.91 acres from A District to A-1 District, and with the condition requiring the recording of a final plat prior to publication of the rezoning resolution. Johnson seconded the motion and it carried 2-1 with Jones in opposition. </P> <P><STRONG>PLANNING 10-11-06</STRONG><BR>The Board considered the item PF-08-23-06, final plat request for Livengood Estates Subdivision, located east of E 1800 Road between N 1000 and N 1100 Roads.&nbsp;&nbsp;&nbsp; The proposed four lot residential subdivision contains approximately 40.91 acres and the application is submitted by Dallas Livengood, for Charles Waits, and Mark and Debbie Schr&#160;der, property owners of record. Staff recommends approval of the Final Plat of Livengood Estates and forwarding to the Board of County Commissioners&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; with a recommendation for acceptance of easements and right-of-way subject to the following conditions:<BR>&nbsp;<BR>1)&nbsp;Provision of the following fees and recording documentation:<BR>a)&nbsp;Copy of paid property tax receipt;<BR>b)&nbsp;Recording fees made payable to the Douglas County Register of Deeds.<BR>2)&nbsp;Revision of final plat to include the following:<BR>a)&nbsp;Change the Planning Commission Chairperson’s name to Holly Krebs.<BR>b)&nbsp;Re-label the shared access notes to conform to the lot numbers.<BR>c)&nbsp;Provide a 10’ Utility Easement along the east side of E 1800 Road right-of-way.<BR>d)&nbsp;Provide building envelopes which go no farther than 150’ into the existing wooded area of the lots.<BR>e)&nbsp;Correct the acreage shown for each lot.<BR>f)&nbsp;Revise the owners’ jurat to replace ‘Shawnee County’ with ‘Douglas County’.<BR>3)&nbsp;Addition of the following general notes to the final plat:<BR>a)&nbsp;“The owner(s), executor(s), their successors and assigns hereby agree to hook into the public sewer system when the sanitary sewer facilities are within 1,000 feet of the plat.”<BR>b)&nbsp;“The owner(s), executor(s), their successors and assigns hereby agree to annex into the City of Lawrence at the time of municipal utility service provision.”<BR>4)&nbsp;The subdivider will need to provide a letter from the Lawrence-Douglas County Health Department that septic systems, as method of sewage disposal for the subdivision, have been approved.<BR>5)&nbsp;A written Water Supply Agreement will need to be signed and notarized between the Development and the Health Department. This written agreement would need to be recorded with the final plat. </P> <P>McElhaney made a motion to approve PF-08-23-06, a Final Plat for Livengood&nbsp; Estates, with the above-listed conditions. Johnson seconded the motion and it carried unanimously.<BR>&nbsp;&nbsp;&nbsp; <BR><STRONG>PLANNING &amp; SUBDIVISION REGULATIONS 10-11-06</STRONG><BR>The Board continued the discussion on proposed items: amendments to CPA-2006-1, Comprehensive Plan, Horizon 2020, Chapters 4 &amp;5; the adoption of TA-01-02-06 and TA-01-03-06, and TA-12-05-03 revisions recommended to the floodplain management requirements for residential development within the Urban Growth Area of Lawrence, as tabled from the Monday, October 9, 2006 meeting.</P> <P>Johnson opened the issue for public comment.</P> <P>Dorthea Jackson, Douglas County resident, questioned how many divisions will be allowed under the new parent parcel regulations for a 20 acre lot. </P> <P>Kay Pesnell, Register of Deeds, questioned whether a separate deed would be required to legalize surveys filed for 10 acre tracts after the adoption of the moratorium.&nbsp; </P> <P>Craig Brown stated his concern with blanket ownership over separate tracts of land. Jones replied that people who complied with the moratorium should not be penalized. The new regulations, when adopted, would allow for more options, but&nbsp; he stated the owners should have the option to choose to comply with moratorium. </P> <P>The Board agreed to table the discussion to the October 18, 2006 meeting with items CPA-2006-01, TA-01-02-06, TA-01-03-06, TA-12-05-03; additionally, the adoption of the proposed Home Rule Resolution for Access Management and Road Classification Standards that creates Article 5 in Chapter IX of the Douglas County Code will be placed on that agenda. The Board will accept public comment at that time.</P> <P><STRONG>MISCELLANEOUS 10-11-06</STRONG><BR>Jones made a motion to direct County Counsel to send a letter to the Kansas Department of Transportation announcing that the Board d&#160;s not object to their review of the Lecompton Bridge proposal, including a request that if the decision requires the net cost of the repairs to increase, Jefferson County would be responsible for absorbing the cost. Johnson seconded and the motion carried unanimously.</P> <P>Johnson moved to adjourn the meeting. The motion was seconded by Jones and carried unanimously.</P> <P>&nbsp;</P> <P>_________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member<BR></P>

<P>At 6:00 p.m., Johnson moved for the Board to go into executive session with Craig Weinaug, County Administrator, and Keith Browning, Director of Public Works, to discuss potential litigation with County Counselor. The motion was seconded by McElhaney and carried unanimously. The Board returned to regular session at 6:30 p.m. Jones made a motion to approve a letter from the Douglas County Board of Commissioners to the Jefferson County Board of Commissioners with a copy to be sent to the Kansas Department of Transportation. McElhaney seconded the motion noting all three Commissioners’ signatures on the letter. The motion carried unanimously.&nbsp; </P> <P>Johnson called the meeting to order at 6:35 p.m. on Wednesday, October 18, 2006 <BR>with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 10-18-06</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <P>&#9658;Approve Acquisition of Easement; Drainage Structure No. 2.81N – 3.00E;<BR>&#9658;Approve Resolution Establishing Speed Limit on portion of E 1400 Road and N 650 Road in Willow Springs and Palmyra Townships; and<BR>&#9658;Note receipt of fee reports for the months of August and September 2006.<BR>&nbsp; <BR>The motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>SUBDIVISION REGULATIONS &amp; PLANNING 10-18-06</STRONG><BR>The Board continued the discussion on proposed items: amendments to CPA-2006-1, Comprehensive Plan, Horizon 2020, Chapters 4 &amp;5; the adoption of TA-01-02-06 and TA-01-03-06, and TA-12-05-03 revisions recommended to the floodplain management requirements for residential development within the Urban Growth Area of Lawrence, as tabled from the Wednesday, October 11, 2006 meeting. </P> <P>David Guntert, Lawrence/Douglas County Metropolitan Planning Department, summarized the basic areas of discussion by the Planning Commission, recommending approval of the subdivision regulations with proposed amendments, which were passed out to all in attendance. During the discussion on Conservation Cluster Development [20-804], Johnson defined the term “paved road” to mean a “hard surfaced road” required for acceptable residential development roads. The City of Lawrence will need to act on the Subdivision Regulations at a future date. Johnson opened the meeting for public comment. </P> <P>Dorthea Jackson, Douglas County resident, questioned the proposed road frontage&nbsp; and if people with existing acreage could get a building permit with 250 foot of frontage.</P> <P><BR>Dave Henry, Douglas County resident, commented it would be unfair for the new regulations to apply retroactively.</P> <P>Dennis Snodgrass, Douglas County resident, asked for clarification regarding the proposed Conservation Easements and the percentage of land to be set aside until annexation.</P> <P>Ron Skaggs, Douglas County resident, commented that it is hard to keep people informed. Most people now understand the 20 acre split, but feel many two or three splits won’t apply with the 330 foot frontage requirement.</P> <P>Bruce Snodgrass, Douglas County resident, questioned whether there are stipulations on rural wells.</P> <P>Mike Flory thanked the Board for their time into making Douglas County a great place to live. He stated concerned about property owners with only 17 acres of land, not having a full 20 acres required to split under the new regulations. </P> <P>McElhaney made a motion to close the public hearing. Jones seconded the motion and it carried 3-0.</P> <P>Sheila Stogsdill, Acting Director of the Lawrence/Douglas County Metropolitan Planning Department, clarified that if a property owner is eligible for a building permit today, he or she can use a well. If new lots are being created in the Lawrence Urban Growth Area, the owner must have access to public water.</P> <P>Jones stated for the record, the Board needs to have a serious implementation discussion on how we are going to implement the new regulations as soon as they are passed. The Board may need to set up a series of meetings to explain to people what the new regulations are, how people are going to be informed and resolve issues either administratively or by amending the documents. The Board also needs to have a serious discussion on the issue of water with all the parties available, specifically about how to make rural water available to everyone.&nbsp; The Board also needs to reinforce the fact that it is open to the discussion of preserving the things that ought to be preserved, but that its approach should be incentive driven as opposed to regulatory. <BR>&nbsp;<BR>Jones moved to approve the Comprehensive Plan Amendment to Chapter 4 of Horizon 2020 as recommended by the Planning Commission. Motion was seconded by McElhaney and carried 3-0.</P> <P>Jones moved to approve the Comprehensive Plan Amendment to Chapter 5 of Horizon 2020 as recommended by the Planning Commission. Motion was seconded by McElhaney and carried 3-0.</P> <P>Jones moved to approve the Subdivision Regulations as amended in discussions on October 11, 2006 and October 18, 2006 and forward to the City Commission for consideration. Motion was seconded by McElhaney and carried 3-0.</P> <P>Jones moved to approve the proposed changes to the Zoning Regulations Articles 6, 7 &amp; 18 amended and specifically including the revised language that was provided by Linda Finger which references the Home Rule for the Access Management in relation to the vested rights and to change that date from November 11, 2006 to December 31, 2006. Motion was seconded by McElhaney and carried 3-0.</P> <P>Jones moved to approve the Text Amendment to Article 28 of Zoning Regulations to amend the Flood Plain Regulations as recommend by the Planning Commission earlier this spring. Motion was seconded by McElhaney and carried 3-0</P> <P><STRONG>SUBDIVISION REGULATIONS &amp; PUBLIC WORKS 10-18-06</STRONG><BR>The Board discussed the proposal of a Home Rule Resolution for Access Management and Road Classification Standards that creates Article 5 in Chapter IX of the Douglas County Code.&nbsp; Keith Browning, Director of Public Works, questioned whether a survey or a deed defines a separate tract of ground. The Board discussed adding&nbsp;&nbsp;&nbsp; a “Plat of Survey” to the Home Rule Resolution wordage, to determine separate parcels along with the filing of a deed or Affidavit of Equitable Interest with the Register of Deed’s office.</P> <P>Browning also discussed concerns for existing properties that won’t meet the new frontage requirements. Jones stated there must be a mutually acceptable agreement between landowners and Douglas County. The Board’s goal is to find a compromise between the landowner’s interest and the Board’s desire to decrease the number of curb cuts on major arterial roads. This falls under items that will need to be discussed after implementing the new policy and a procedure will need to be determined by the Board with an appeal process to cover properties not meeting frontage requirements. If there is a better choice such as a shared entrance, the Board may explore a mutually acceptable option.</P> <P>The Board directed the Director of Public Works to revise the language to the proposed Home Rule Resolution and to place the Resolution under the Consent Agenda for the next meeting.</P> <P><STRONG>ACCOUNTS PAYABLE 10-18-06</STRONG><BR>Jones moved approval of manual checks in the amounts of $108.68 and $200.16 to&nbsp; be paid 10/12/06; accounts payable in the amount of $688,398.11 to be paid 10/16/06; and FICA in the amount of $50,827.54 and KPERS in the amount of $54,929.98 to be paid on 10/13/06. The motion was seconded by McElhaney and carried unanimously. </P> <P><STRONG>MISCELLANEOUS 10-18-06</STRONG><BR>Kay Pesnell, Register of Deeds, clarified that a survey establishes a tract, but not ownership of property. </P> <P><BR>Jones moved to adjourn the meeting; McElhaney seconded and the motion carried unanimously. </P> <P><BR>&nbsp;<BR>_________________________&nbsp;&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_________________________&nbsp; _____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member<BR>&nbsp;&nbsp;</P>

<P>Johnson called the meeting to order at 8:30 a.m. on Monday, October 23, 2006 <BR>with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>PROCLAMATION 10-23-06</STRONG><BR>Peggy Wallert, Director of Community Relations/Development, Cottonwood, Inc., read a proclamation proclaiming the week of October 23-27, 2006, as “Douglas County Disabilities Employment Awareness Week.” Johnson made a motion to approve the Proclamation; Jones seconded the motion and it carried unanimously.</P> <P><STRONG>CONSENT AGENDA 10-23-06</STRONG><BR>McElhaney moved approval of the following Consent Agenda:</P> <P>&#9658; Approval of early distribution of Ad Valorem Taxes;<BR>&#9658; Approval of waiver of Purchasing Policy and accept low bid of $24,505 from American Pre-Sort Inc; and<BR>&#9658; Approval of recommendation of Bid Award for Fiber Optic Cabling.</P> <P>The motion was seconded by Jones and carried unanimously.</P> <P><STRONG>ACKNOWLEDGEMENT 10-23-06</STRONG><BR>On behalf of Douglas County, Keith Dabney, Director of Zoning and Codes, presented John T. Stewart IV, retiring member of the Douglas County Board of Zoning Appeals, with a plaque to recognize his 12 years of service. During his terms, Stewart also served as Chairman of the Board.</P> <P><STRONG>COMMUNITY CORRECTIONS &amp; APPLICATIONS 10-23-06</STRONG><BR>Ron Stegall, Director of Community Corrections, presented the Board with a request to consider and approve a Community Corrections Act Agencies Application for FY2006 Unexpected Funds. Jones moved to approve the request for Community Corrections Act Agencies Applications for FY2006 Unexpected Funds. McElhaney seconded the motion and it carried unanimously.</P> <P><STRONG>EMERGENCY MANAGEMENT &amp; GRANTS 10-23-06</STRONG><BR>Paula Phillips, Director of Emergency Management, requested the Board authorize&nbsp; Emergency Management to apply for annual funding from the Department of Homeland Security through the Emergency Management Performance Grant Programs to provide annual funds to assist the County in the enhancement of local emergency management programs. </P> <P>Jones moved to approve the Emergency Management Performance Grant Application for FFY2006. The motion was seconded by McElhaney and carried unanimously.</P> <P><BR><STRONG>PURCHASING &amp; COUNTY VEHICLES 10-23-06</STRONG><BR>Jackie Waggoner, Purchasing Director, requested approval for the purchase of eight Douglas County fleet vehicles, seven to be purchased from Shawnee Mission Ford (three of which will have added equipment through American Equipment) and one vehicle would be purchased from Roberts Auto Plaza. Douglas County will dispose of seven vehicles and one will be transferred to the District Attorney’s office. </P> <P>McElhaney moved to approve the following purchases: Shawnee Mission Ford $200,219 and Roberts Auto Plaza $21,002 with a total of $221,221. Jones seconded the motion and it carried unanimously. </P> <P><STRONG>ACCOUNTS PAYABLE 10-23-06</STRONG><BR>Jones moved to approve manual checks in the amounts of $353.84 to be paid on 10/19/06 and $35.50 to be paid on 10/20/06; and accounts payable in the amount of $235,859.34 to be paid 10/23/06. The motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 10-23-06</STRONG><BR>The Board noted a position will need to be filled on the Board of Zoning Appeals as John T. Stewart IV’s term will end on October 31, 2006.&nbsp; </P> <P><STRONG>BRIDGES &amp; LECOMPTON PROJECT 10-23-06</STRONG><BR>Evan Ice, County Counselor, discussed the letter from Jefferson County dated October 19, 2006, which replies to the Douglas County Board of Commissioners’ letter dated October 18, 2006. Counsel suggested amendments to the letter.</P> <P>Jones moved to approve the letter from Jefferson County dated October 19, 2006, with handwritten amendments and initialed changes by Douglas County Commissioners dated October 23, 2006.&nbsp; McElhaney seconded the motion and it carried unanimously. A copy of the letter as approved by the Board is as follows:</P> <P>October 19, 2006</P> <P>Board of Douglas County Commissioners<BR>1100 Massachusetts<BR>Lawrence, Kansas 66044</P> <P>Re Kansas River Bridge Reconstruction Project</P> <P>This letter is written in response to the letter the Douglas County Commissioners faxed to the Jefferson County Commissioners on October 19, 2006. The Jefferson County Commission appreciates the Douglas County Commission’s cooperation in this matter and willingness to work toward a mutually acceptable arrangement that facilitates the commencement of the reconstruction project early next spring. The Jefferson County Commission is in general agreement with undertaking the project according to the terms of the October 18, 2006 letter and writes this letter to confirm the understanding of both commissions.</P> <P>1.&nbsp;Cooperation.&nbsp; </P> <P>Douglas County is pleased to undertake the reconstruction project. Please note, however, that Douglas County’s agreement to pay all costs of the reconstruction project (including engineering costs that Douglas County previously requested Jefferson County to consider paying) is conditioned upon bids coming in close to or less than the engineer’s current cost estimate. Douglas County receives the right to reject all bids and reevaluate the project and this arrangement with Jefferson County and/or re-bid the project if, in Douglas County’s opinion, the bids are too high. In connection with reconstruction of the bridge, Douglas County understands that Jefferson County acknowledges that: (i) Douglas County shall undertake the bridge reconstruction project in the manner Douglas County determines most appropriate, (ii) it permits Douglas County and its contractor and subcontractors to perform construction work to portions of the bridge, approaches, and public roads on the Jefferson County side of the county line, (iii), it will cooperate with Douglas County and its contractor and subcontractors in the coordination and closing the Jefferson County public road leading to the bridge, including providing logistical assistance from employees of Jefferson County Road and Bridge Department, (iv) it will allow the contractor and subcontractors working on the bridge reconstruction project to exceed posted weight limits on Jefferson County roads when brining concrete and other construction materials or equipment to and from the bridge. </P> <P>2.&nbsp;Funding for Incentive Payments Requested. </P> <P>Douglas County shared Jefferson County’s concerns that reconstruction of the bridge will pose a hardship for many people who regularly use the bridge. However, the manner of construction isn’t simply a choice of leaving a lane of traffic open during reconstruction or totally closing the bridge. One reason for Douglas County’s choice, which has been mostly overlooked by the public, is that even if one lane of bridge traffic is left open the engineers estimate that total closure of the bridge will be necessary for approximately 60 days, with those closed days coming on little or no advance notice to the public. Therefore, there is no “good” choice. Douglas County determined that, in the long run, the better of the two choices is to totally close the bridge during reconstruction. </P> <P>Because of the hardships and disruption that the bridge reconstruction project will cause, Douglas County will come up with an incentive package to induce the contractor to complete the reconstruction project in less time than the engineer’s estimate and to otherwise mitigate the adverse impacts of the reconstruction project. If Douglas County pays all of the costs of the project, however, Douglas County will have exhausted its budget for the project and will be unable to offer any financial incentives. As such, Douglas County requests that Jefferson County consider providing funds, which it has already appropriated and budgeted for the reconstruction project, to offer incentive payments to reopen the bridge early and/or to mitigate the adverse impacts of the reconstruction project. Please understand that Douglas County is not requiring Jefferson County to provide these funds, but Douglas County is simply noting that if Jefferson County d&#160;s not offer any incentive payments or provide mitigation funds, there will be none.</P> <P>Jefferson County cannot and will not contribute any funds for an incentive package.</P> <P>3.&nbsp;Repainting of Superstructure.&nbsp; </P> <P>When Douglas County previously indicated it would pay all reconstruction expenses, it never intended to pay all expenses for repainting the bridge superstructure. Douglas County d&#160;s expect Jefferson County to pay its proportionate share of repainting of the superstructure of the bridge. Therefore, this cooperation arrangement means that after the bridge is reopened ~ Douglas County and Jefferson County agree to jointly undertake a project to remove existing paint and repaint the superstructure as it exists on October 19, 2006&nbsp; as modified by the above referenced reconstruction project.&nbsp; Both Counties will pay the costs of the painting project in proportion to their assessed valuation on the last assessment rolls.</P> <P>If the above is acceptable to a majority of the Douglas County Commission, please sign below and return a copy of this letter to Linda Buttron, Jefferson County Clerk. Upon receipt, Jefferson County will write a brief letter to the Kansas Secretary of Transportation, informing her that we no longer need her to intervene in this matter, and we request that Douglas County will do the same.</P> <P>Sincerely,</P> <P>BOARD OF COUNTY<BR>COMMISSIONERS OF <BR>JEFFERSON COUNTY, KANSAS</P> <P>&nbsp;</P> <P>Lynn Luck, Chair<BR>Francis Grollmes, Member<BR>David Christy, Member</P> <P><BR>cc: Deb Miller, Secretary of Transportation</P> <P>Accepted:&nbsp; 10-23-06</P> <P>Board of County Commissioners<BR>Of Douglas County, Kansas</P> <P>Bob Johnson, Chair<BR>Jere McElhaney, Member<BR>Charles Jones, Member</P> <P>Jones moved to adjourn the meeting. The motion was seconded by McElhaney and carried unanimously.</P> <P>&nbsp;</P> <P>_________________________&nbsp;&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_________________________&nbsp;&nbsp; _____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member<BR></P>

<P>Johnson called the meeting to order at 6:35 p.m. on Wednesday, October 25, 2006 with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>RECOGNITION 10-25-06</STRONG><BR>The Board congratulated Marion Johnson, County Appraiser, on his appointment as President of the International Association of Assessing Officers. Johnson spoke to the Board outlining his responsibilities as President. Johnson also thanked his staff for their support, without which he could not meet the obligations of his post.</P> <P>Johnson moved to approve the minutes of October 4, 2006 and October 9, 2006, as amended. The motion was seconded by Jones and carried unanimously.</P> <P>Johnson opened the meeting for public comment.</P> <P>Dorthea Jackson, Douglas County resident, stated concerns whether Douglas County residents would be allowed to build on the front or back portion of their property under the new Conservation Easement regulations. Jackson also stated she’d like to see all rural road speed limits to be reduced to 35 miles per hour.</P> <P><STRONG>PUBLIC WORKS &amp; ACCESS MANAGEMENT 10-25-06</STRONG><BR>The Board continued the discussion on the proposed Home Rule Resolution for Access Management and Road Classification Standards that creates Article 5 in Chapter IX of the Douglas County Code. Keith Browning, Director of Public Works, discussed revising the proposed resolution to allow for a 250 foot frontage on local roads to eliminate grandfathering of current landowners.&nbsp; </P> <P>Johnson moved to adopt the Home Rule Resolution for Access Management and Road Classification Standards that creates Article 5 in Chapter IX of the Douglas County Code with a revision to 9-501 of the Resolution revising text to allow 250 foot of frontage on local roads. Jones seconded the motion and it carried unanimously.</P> <P><STRONG>BLACK JACK BATTLEFIELD &amp; GRANT FUNDS 10-25-06</STRONG><BR>The Board was submitted a written request by Judy Billings to approve a commitment for a grant funds request to be submitted to the Kansas Department of Commerce, Department of Travel &amp; Tourism, for the purpose of doing an interpretive plan for Black Jack Battlefield. The total grant of $52,000 requires a 60% match equaling $32,100 with $15,000 raised in private funds.&nbsp; Billings is asking that the Board commit to $16,200, which is a requirement prior to grant review.&nbsp; </P> <P>Johnson moved to approve the request to commit $16,200 toward the 60% match of the $52,000 grant as necessary for the interpretative plan for the Black Jack Battlefield with the amendment that Judy Billings give Jere McElhaney a call to discuss the grant.&nbsp;The motion was seconded by Jones and carried unanimously.</P> <P>Jones moved to adjourn the meeting. The motion was seconded by Johnson and&nbsp; carried unanimously.</P> <P>&nbsp;</P> <P>_________________________&nbsp;&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_________________________&nbsp; _____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Charles Jones, Member<BR></P>

<P>&nbsp;</P> <P>Johnson called the meeting to order at 8:30 a.m. on Monday, November 6, 2006 <BR>with all members present. </P> <P>McElhaney moved to approve the minutes of October 11, 2006 and October 18, 2006. The motion was seconded by Jones and carried unanimously.</P> <P><STRONG>CONSENT AGENDA 11-06-06</STRONG><BR>McElhaney moved approval of the following Consent Agenda:</P> <P>&#9658;&nbsp; Approval of Authority to Award Contract/Commitment of County Funds, <BR>Project No. 23 C-4121-01, Replacement of Route 442 Bridge over Captain Creek.</P> <P>The motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>PUBLIC WORKS &amp; AGREEMENTS 11-06-06<BR></STRONG>The Board discussed the approval of agreements for engineering services for Southeast Lawrence Sanitary Sewer Benefit Districts Nos. 1, 2 &amp; 3. Keith Browning, Director of Public Works, was present for the discussion. On September 18, 2006, the Board approved Resolutions 06-30, 06-31 and 06-32, creating the Southeast Lawrence Sanitary Sewer Main Benefits Districts for Nos. 1, 2 &amp; 3.&nbsp; The City of Lawrence and Douglas County entered into an agreement to cooperate in design and construction of the sanitary sewer system improvements for three benefit districts. Under the terms of the cooperation agreement, Douglas County is to secure the services of Peridian Group, Inc. to provide engineering design services and prepare construction plans and specifications for the project. </P> <P>Jones moved to authorize the Board of County Commission Chair to sign agreements with Peridian Group, Inc. for providing design engineering services for Southeast Lawrence Sanitary Sewer Benefit District No. 1. The motion was seconded by McElhaney and carried unanimously.</P> <P>Jones moved to authorize the Board of County Commission Chair to sign agreements with Peridian Group, Inc. for providing design engineering services for Southeast Lawrence Sanitary Sewer Benefit District No. 2. The motion was seconded by McElhaney and carried unanimously.</P> <P>Jones moved to authorize the Board of County Commission Chair to sign agreements with Peridian Group, Inc. for providing design engineering services for Southeast Lawrence Sanitary Sewer Benefit District No. 3. The motion was seconded by McElhaney and carried unanimously.</P> <P><BR><STRONG>ISSUES REPORT 11-06-06</STRONG><BR>Craig Weinaug, County Administrator, presented the Board with a list of pending issues for discussion. Updates per Board direction are reflected the 11/08/06 revised report as follows: (on file at County Administrator's office)</P> <P>&nbsp;<STRONG>ACCOUNTS PAYABLE 11-06-06</STRONG><BR>Jones moved to approve excess vacation checks in the amount of $49,179.16 to be paid on 10/22/06; manual checks in the amount of $266.88 to be paid on 10/27/06 and accounts payable in the amounts $685,141.29 to be paid on 10/20/06, $335,187.99 to be paid on 10/30/06 and $621,238.03 to be paid on 11/06/06; special payroll disbursement in the amount of $9,590.00 to be paid on 10/21/06; electron fund transfers for FICA in the amounts of $50,335.29 to be paid on 10/27/06; $734.14 to be paid on 10/30/06; and $3,769.70 to be paid on 11/03/06; KPERS in the amounts of $53,504.38 to paid on 10/27/06, and&nbsp; $2,343.25 to be paid on 11/03/06. The motion was seconded by McElhaney and carried unanimously.</P> <P>Jones moved to adjourn the meeting. The motion was seconded by McElhaney&nbsp;&nbsp;&nbsp; and carried unanimously.</P> <P>&nbsp;</P> <P>_________________________&nbsp;&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P> <P>ATTEST:</P> <P>__________________________&nbsp; _____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member</P>

<P><BR>Johnson called the meeting to order at 3:10 p.m. on Tuesday, November 7, 2006 in the County Administrator’s office with all members present, Linda Finger, County Consultant and Mike Belt from the Journal World. The Board discussed planned handouts for the upcoming meeting with the City Commission regarding rural planning initiative scheduled for 4:00 p.m. </P> <P>Johnson moved to adjourn the meeting at 3:35 p.m. The motion was seconded by Jones and carried unanimously.</P> <P>&nbsp;</P> <P>_________________________&nbsp;&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_________________________&nbsp; _____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member</P> <P>&nbsp;</P> <P>The County Commission met in joint session with the Lawrence City Commission at 4:00 p.m. at the Lawrence City Hall. The County Commission made a presentation with regard to their various planning regulation initiatives that were approved by the Douglas County Commission on October 18, 2006.</P> <P>The City Commission planned a follow-up work session for Monday, November 13, 2006. During the discussion, the County Commission informed the City Commission that the moratorium on use of the five (5) acre exemption would expire at the end of December and that they were there for requesting an action be taken on the County’s proposal by the middle of December.</P> <P>Meeting was adjourned at 5:15 p.m.</P> <P>&nbsp;</P> <P>_________________________&nbsp;&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_________________________&nbsp; _____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Charles Jones, Member</P> <P>A joint meeting of the Douglas County Board of Commissioners, with all members present, and the City Commission was called to order at 5:30 p.m. by Mayor Mike Rundell. After a vote was taken by the Lawrence City Commission, Bob Johnson, Chairman Douglas County Board of Commissioners, moved to go into executive session with the Lawrence City Commission for 45 minutes to discuss land acquisition. The motion was seconded by Jones and carried unanimously. </P> <P>Also present: Lawrence City Commission; Dave Corliss, City Manager; Kurt Von Achen representing DCDI, Laverne Squire and Beth Johnson representing the Chamber of Commerce; Sandra Shaw and Trudy Rice representing ECO2; several members of the City staff; Craig Weinaug, County Administrator; and Evan Ice, County Counselor.</P> <P>The County Commission returned to open session at 6:15 p.m. Johnson moved to adjourn the meeting. The motion was seconded by McElhaney and carried unanimously.</P> <P>&nbsp;</P> <P>_________________________&nbsp;&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_________________________&nbsp; _____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member</P> <P><BR>&nbsp;</P>

<P></P> <P><BR>Johnson called the meeting to order at 8:37 a.m. on Monday, November 13, 2006 <BR>with all members present. </P> <P>Jones moved to approve the minutes of October 23, 2006 and October 25, 2006. The motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>CONSENT AGENDA 11-13-06</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <P>&#9658; Approve Commissioners Order No. 06-176 (on file in the Office of the County Clerk); and<BR>&#9658; Approve Agreement for County Treatment of Noxious Weeds on KDOT Right-of-Way.</P> <P>The motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>APPOINTMENT 11-13-06</STRONG><BR>Jones moved to appoint Jon King, Lawrence, KS, as a member of the Douglas County Investment Advisory Committee for a 3-year term to expire 12/31/09. The motion was seconded by McElhaney and carried 3-0.</P> <P><STRONG>MISCELLANEOUS 11-13-06</STRONG><BR>At 8:50 a.m., McElhaney moved for the Board go into Executive Session for 30 minutes with Craig Weinaug, County Administrator, to discuss Personnel. The motion was seconded by Jones and it carried unanimously. At 9:20 a.m., Johnson extended the Executive Session for an additional 15 minutes. The Board returned to regular session at 9:35 a.m. </P> <P>Jones moved to give Keith Browning, Director of Public Works, the authority to hire for the Engineering Division Manager position within the position’s pay range. The motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>CANVAS MEETING 11-13-06</STRONG><BR>McElhaney moved to convene in Special Session to canvas the results of the general election (held on November 7, 2006) at 10:00 a.m. The motion was seconded by Jones and carried unanimously.</P> <P>McElhaney moved to accept the write-in votes as recommended by the County Clerk’s office. The motion was seconded by Jones and carried unanimously.</P> <P>McElhaney moved to accept the tabulation totals as recommended by the County Clerk’s office. The motion was seconded by Jones and carried unanimously.</P> <P>There were 1551 provisional ballots. Jamie Shew, County Clerk, broke the provisional votes into the follow categories:</P> <P>Recommended to Count Elec Day Advance Totals<BR>Change of address 599 92 691<BR>Change of address partial count 54 0 54<BR>Advance mailed, but not returned 282 13 295<BR>Name change 13 3 16<BR>Pollworker or Clerk’s error 27 0 27<BR>Wrong precinct – all races same 45 0 45<BR>Wrong precinct – not all races same 75 0 75<BR>ID provided before the Canvass 1 30 31<BR>Scanner Error 2 0 2<BR>Too late to reach poll location 0 6 6<BR>Total 1098 144 <STRONG>1242</STRONG><BR><BR>Recommended Not to Count <BR>Not registered in Douglas County 168 24 162<BR>No ID provided 10 6 16<BR>Registered in other county 34 1 35<BR>Removable (Felony) 2 0 2<BR>Voted after 7:00 p.m. 1 0 1<BR>No signature 0 64 64<BR>Faxed ballot without proper documentation 0 1 1<BR>Absentee duplicate 1 0 1<BR>Total 186 96 282<BR><BR>Other <BR>ID Issues 15 0 15<BR>Other (Prov sent thru scanner) 12 0 12<BR>Total 27 <STRONG>27<BR></STRONG></P> <P>Johnson moved to count one thousand two hundred forty-two (1,242) provisional ballots as recommended by Shew, and fifteen (15) provisional ballots with ID issues for a total of one thousand two hundred fifty-seven (1,257) ballots. The motion was seconded by Jones and carried unanimously.</P> <P>It should be noted that after the additional ballots were counted, the election outcome was not changed.</P> <P>No errors were found.</P> <P>Jones moved to adjourn the meeting; Johnson seconded and the motion carried.</P> <P>_________________________&nbsp; _____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P> <P>ATTEST:</P> <P>________________________&nbsp;&nbsp;&nbsp; _____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P> <P></P> <P></P>

<P>&nbsp;</P> <P>Johnson called the meeting to order at 6:35 p.m. on Wednesday, November 15, 2006 with all members present. </P> <P><STRONG>PLANNING 11-15-06</STRONG><BR>The Board considered item Z-08-23-06, a request to rezone a tract of land approximately 10 acres from A (Agricultural) and VC (Valley Channel) to A-1 (Suburban Home Residential) District. The property is located at 1273 E. 1900 Road. The application was submitted by David C. and Pamela W. Morrison, property owners of record. Lisa Pool, Lawrence-Douglas County Metropolitan Planning Department was present for discussion. This item comes to the Board with a recommendation for approval based on the Findings of Fact:</P> <P>Zoning and land uses of surrounding properties. The areas surrounding the subject property are zoned VC (Valley Channel) and A (Agricultural) Districts. Rural residences are located to the south and east. Undeveloped property and the Wakarusa River are located to the west and north. Beyond undeveloped property to the north exists a recently A-1 zoned and platted three-acre subdivision, Wakarusa Overlook.</P> <P>Character of the area.&nbsp; The area is characterized by the Wakarusa River, with a mix of agricultural uses and rural residences. While the area has a distinct rural character, several single-family residences are located to the south and east of the subject property. The subject property is located outside the Lawrence city limits,&nbsp; but inside the Urban Growth Area (UGA).</P> <P>Suitability of subject property for the uses to which it has been restricted. The subject 10-acre parcel includes an existing residence and outbuildings; thus, it has proven its suitability for residential use. No new development is proposed with the rezoning and platting of this property. As a condition of plat approval, the floodplain area will be labeled as a “no build zone” on the associated preliminary plat.</P> <P>Length of time subject property has remained vacant as zoning. The property was been zoned A (Agricultural) District since the adoption of the 1966 Douglas County Zoning Regulations. A single-family residence and outbuildings, which were built in approximately 1995 and remodeled in 1998, exist on the subject parcel.</P> <P>Extent to which removal of restrictions will detrimentally affect nearby property.&nbsp; As the subject property is located within the Urban Growth Area and is adjacent to large lot singe-family homes, approval of a rezoning of this property from the A (Agricultural) and VC (Valley Channel) Districts to the A-1 (Suburban Home Residential) District should not detrimentally affect nearby properties. No new development is proposed for the property at this time. Additional residential development on this lot would require further subdivision via a replat of the property. </P> <P>Relative gain to the public health, safety and welfare by the destruction of the value of the petitioner’s property as compared to the hardship imposed upon the individual landowners. If the property retains its A (Agricultural) District designation, it would be able to function with any of the following permitted uses, among others; agriculture, hospital or clinic for large or small animals, commercial greenhouse, church, or school. As the property also includes VC (Valley Channel) zoning, this area would not be able to include a building for human habitation. However, it could function with any of the following permitted uses, among others: farm, truck garden, orchard, plant nurseries, and public or private commercial recreational facilities. Properties within the Urban Growth Area must be rezoned to the A-1 (Suburban Home Residential) District and platted for residential use. As the sale of residential property creates a new land division for residential purposes, the subject project required rezoning and platting.</P> <P>A rezoning of the property to the A-1 (Suburban Home Residential) District would provide little benefit to the public health, safety, or welfare. However, as the subject property includes an existing residence and outbuildings, the rezoning would not adversely affect surrounding property owners. Granting the rezoning would allow&nbsp; the current property owner to sell the subject property.</P> <P>Conformance with the comprehensive plan. The proposed request conforms to several Horizon 2020 policies related to low-density residential uses. Specifically, the property comprises more than three acres of land, which is the recommended minimum lot size within the UGA, and large-lot single-family homes exist to the south and east of the subject property. An additional singe-family residence is pending for the recently A-1 zoned and platted property to the north of the subject property.</P> <P>AND subject to the following conditions:</P> <P>1)&nbsp;Recording of a final plat prior to publication of the rezoning resolution. </P> <P>Jones moved to approve Z-08-23-06, a request to rezone an approximately 10-acre parcel for the sale of an existing single-family residence and outbuildings from A (Agricultural) and VC (Valley Channel) to A-1 (Suburban Home Residential) District. McElhaney seconded the motion and it carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 11-15-06</STRONG><BR>Jones moved to approve payroll in the amount of $682,444.07 to be paid on 11/03/06;&nbsp; lump sum merit payroll in the amount of $76,804.14 to be paid on 11/04/06; KPERS in the amounts of $53,171.36 to be paid on 11/10/06 and $3,697.38 to be paid on 11/17/06;&nbsp; FICA in the&nbsp; amounts $50,051.75 to be paid on 11/10/06 and $5,890.39 to be paid on 11/17/06;&nbsp; and accounts payable in the amount of $895,392.09 to be paid on 11/13/06. The motion was seconded by McElhaney and carried unanimously.</P> <P><BR>Jones moved to adjourn the meeting. The motion was seconded by McElhaney&nbsp;&nbsp;&nbsp; and carried unanimously.</P> <P>&nbsp;</P> <P>_________________________&nbsp;&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_________________________&nbsp; _____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member<BR></P>

<P>&nbsp;</P> <P>Johnson called the meeting to order at 5:10 p.m. on Tuesday, November 28, 2006 in the County Administrator’s office with all members present.&nbsp; Jones moved that the County Commission go into Executive Session with Evan Ice, County Counselor, and Craig Weinaug, County Administrator for 45 minutes until 5:55 p.m. The motion was seconded by McElhaney and carried unanimously. The Commission returned to open session at 5:55 p.m. No action was taken. </P> <P>Jones moved to adjourn the meeting. The motion was seconded by McElhaney and carried unanimously.</P> <P>&nbsp;</P> <P>_________________________&nbsp;&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_________________________&nbsp; _____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member<BR></P>

<P>Johnson called the meeting to order at 8:30 a.m. on Monday, November 27, 2006 with all members present. The Pledge of Allegiance was recited.</P> <P>Jones moved to approve the minutes of November 6, 2006 and November 7, 2006. The motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>CONSENT AGENDA 11-27-06</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <P>&#9658; Approve Commissioners Order Nos. 06-172, 06-178, 06-179, 06-180 and 06-181 (on file in the Office of the County Clerk); and<BR>&#9658; Approve Occupational License for Little Reno, Inc., DBA Paradise Saloon.</P> <P>The motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PLANNING 11-27-06</STRONG><BR>The Board considered the approval of SP-05-39-96, football field improvements at Forest View Ministries, a site plan for the construction of a lighted football field and concession stand at 1470 N 1000 Road. Sandra Day, Lawrence/Douglas County Metropolitan Planning Department, was present for discussion. The applicant for the site plan is Veritas School. Property owner of record is First Church of Nazarene.&nbsp; The planning staff recommends approval of the site plan subject to the following conditions:&nbsp; </P> <P>1)&nbsp;Provision of a site plan to include the following changes:<BR>(a)&nbsp; Show dimension of the field and building on the face of the site plan;<BR>(b)&nbsp; Show which portion of the drive will be extended with this improvement and note surface material;<BR>(c)&nbsp; Provide note that no new parking areas are proposed and that off-street parking for game/events shall be in the existing church parking lot; <BR>(d)&nbsp; Show or provide grading plan for field and direction of stormwater drainage.<BR>2)&nbsp;Approval of the wastewater disposal by the County Health Department prior to use of the new building.<BR>3)&nbsp;Provision of an ADA accessibility off-street Parking Space.<BR>4)&nbsp;Provision of a building permit.</P> <P>Jones asked Roger Johnson, RD Johnson Excavating, how many games were anticipated and what time the games would take place. R. Johnson stated the Veritas Christian School anticipates about four home games to start at 7:00 p.m., with approximately 150 people in attendance and 50 vehicles involved. McElhaney stated concerns that an increase in traffic may require the need for a turn lane. However, the field would be a great way to expand youth athletics in Douglas County. Johnson questioned whether the concessions would be used for revenue and whether the site plan would need to go through a zoning process if use is for anything other than the church. Commissioner Jones asked the Planning Staff to consider define the term “ancillary use.” Since the owners were not present to discuss their intentions, Johnson requested the item be tabled for Day to get a definition of the ancillary use and then to place the item on the December 4, 2006 Consent Agenda. </P> <P><STRONG>PUBLIC WORKS 11-27-06</STRONG><BR>The Board considered the authorization to issue a purchase order for structural steel for the rehabilitation of the Kansas River Bridge at Lecompton.&nbsp; Mark Workman, Douglas County Civil Engineer, discussed the need to ensure that the appropriate steel members are available to the construction contractor’s fabricator for work beginning in March 2007. It is necessary to order the steel from the mill prior to December 2006. This ensures the required steel members are produced during the steel supplier’s next available rolling operation February 18, 2006. The only negative impact would be a possible administrative handling fee which would out weigh the alternative of having the steel arrive late and cause a delay of the project. </P> <P>Jones moved to authorize the issuance of a purchase order to AFCO Steel, Inc. to secure the required structural steel for Douglas County Project No. 2005-11, the rehabilitation of the Kansas River Bridge at Lecompton. The motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>ADMINISTRATION &amp; CELL PHONES 11-27-06</STRONG><BR>Pam Madl, Assistant County Administrator, discussed new IRS regulations on cell phone usage and its definition of fringe benefits. If County owned cell phones are used for personal use, the cost of that use is compensable. Tom Singleton, partner with Lowenthal, Singleton, Webb &amp; Wilson, PA, (contracted with Douglas County to serve as auditing firm) was also present for discussion. Madl outlined three options which would comply with IRS regulations:</P> <P>-&nbsp;Option 1: Disallow personal calls. This option requires employees to sign a policy acknowledging and agreeing to a policy of no personal calls, incoming or outgoing, on County phones. This option is no additional cost to county, but is time consuming and d&#160;s not relieve the County of IRS substantiation requirement.</P> <P>-&nbsp;Option 2: Do not issue County cell phones. This option requires employees to obtain their own cell phones and establish a stipend amount each month to be given to those employees with the intent to cover part of the costs of the phone. This option would satisfy IRS regulations and save the County money. However, it creates hardships by being difficult to regulate cell phone companies, tracking phones, and ensuring service. </P> <P>-&nbsp;Option 3: Pay employees a stipend for use of County cell phones. This option maintains the current policy of minimizing personal use of County cell phones and reports as compensable the non-cash value of cell phones, paying employees a cash amount equivalent to the additional taxes resulting from the non-cash benefit. The intent is for the employees to “break even” on their net pay. Douglas County would continue to monitor for excessive personal calls. This option will cost an additional $8,928.24 annually, but meets the IRS regulation and allows personnel to maintain current phones and coverages.</P> <P>Johnson opened the discussion for public comment. </P> <P>Ken McGovern, Douglas County Sheriff, stated he feels most department heads are in agreement that Option 3 is the best choice as it makes a break even situation for employees. </P> <P>Jones moved to approve Option 3 and directed staff to complete a policy and adopt it administratively. The motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PERSONNEL AND 2007 WAGE ADJUSTMENTS 11-27-06</STRONG><BR>The Board discussed the budgeted amount of 3.0% for the 2007 County Cost-of-Living Wage Adjustment. Pam Madl, Assistant County Administrator, studied the Consumer Price Index for the Kansas City MO-KS area and used as an example in her research “food at home” increased 3.7% from June 2005-June 2006.&nbsp;&nbsp; </P> <P>Jones stated he would like to see Douglas County more on target with the cost-of-living increases. Johnson commented he is impressed with the people at Douglas County and the job they do and wants to make Douglas County more competitive.</P> <P>Jones moved to approve a 3.5% 2007 Cost-of-Living Wage Adjustment. McElhaney seconded the motion noting 3% was originally budgeted for the 2007 wage adjustment, but after careful review, funds for an additional .5% increase were approved. The motion carried unanimously.</P> <P><STRONG>PERSONNEL AND 2007 HOLIDAYS 11-27-06</STRONG><BR>The Board discussed the holiday schedule for 2007. The Personnel Advisory Committee (PAC) expressed an interest in re-examining the holiday schedule with a preference of having two days off for the Christmas holiday and one personal day, or a day off for the Christmas holiday and 2 personal days; and an interest in receiving Veterans Day off. </P> <P>Jones moved to approve the holiday schedule as currently outlined: Eight (8) holidays and two (2) discretionary days (one discretionary day to be used for December 24, 2007 and one personal discretionary day) for 2007. The motion was seconded by McElhaney and carried unanimously. <BR>&nbsp;<BR><STRONG>APPOINTMENT 11-27-06</STRONG><BR>McElhaney moved to appoint Bill Roth, Lawrence, Kansas, to the Board of Zoning Appeals for a 3-year term. The motion was seconded by Johnson and carried unanimously. </P> <P><STRONG>ACCOUNTS PAYABLE 11-27-06<BR></STRONG>McElhaney moved to approve accounts payable in the amounts of $163,585.58 to be paid on 11/20/06, and $452,023.14 to be paid on $11/27/06; payroll in the amount of $696,220.47 to be paid on 11/21/06; FICA in the amount of $50,690.52 and KPERS in the amount of $53,829.84 to be paid on 11/20/06; and a manual check in the amount of $21.00 to be paid on 11/22/06. The motion was seconded by Jones and carried unanimously.</P> <P>At 9:50 a.m., Johnson moved for the Board to go into executive session with Craig Weinaug, County Administrator, and Pam Madl, Assistant County Administrator, for 35 minutes to discuss personnel with the County Counselor. The motion was seconded by McElhaney and carried unanimously. The Board returned to regular session at 10:25 a.m. No action was taken.</P> <P>Jones moved to adjourn the meeting. The motion was seconded by Johnson and carried unanimously.</P> <P>&nbsp;</P> <P>_________________________&nbsp;&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_________________________&nbsp; _____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member<BR></P>

<P>Johnson called the meeting to order at 8:34 A.M. on Monday, December 4, 2006 with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 12-04-06</STRONG><BR>McElhaney moved approval of the following Consent Agenda:</P> <P>&nbsp;&#9658; Authorize Notice to Townships for cereal malt beverage licenses to Willow Springs Township for Zarco 66; Grant Township for Flamingo Enterprises and Flamingo Enterprises/The Bird of Lawrence; and<BR>&nbsp;&#9658; Approve SP-05-39-06: Veritas Christian School Football Field Improvements to First Church of the Nazarene property located at 1470 N 100 Road subject to the revised set of conditions:<BR>&nbsp;<BR>&nbsp;&nbsp;1.&nbsp;Provision of a revised site plan to include the following changes:<BR>&nbsp;&nbsp;&nbsp;a.&nbsp;Show dimension of the field and building on the face of the&nbsp;&nbsp;&nbsp; site plan;<BR>&nbsp;&nbsp;&nbsp;b.&nbsp;Show which portion of the drive will be extended with this improvement and note surface material;<BR>&nbsp;&nbsp;&nbsp;c.&nbsp;Provide note that no new parking areas are proposed and that off-street parking for game/events shall be in the existing church parking lot.<BR>&nbsp;&nbsp;&nbsp;d.&nbsp;Show or provide grading plan for field and direction of stormwater drainage.<BR>&nbsp;&nbsp;2.&nbsp;Approval of the wastewater disposal by the County Health Department prior to use of the new building.<BR>&nbsp;&nbsp;3.&nbsp;Provision of an ADA accessible off-street Parking Space.<BR>&nbsp;&nbsp;4.&nbsp;Provision of a building permit.<BR>&nbsp;&nbsp;5.&nbsp;“Provision of a note on the face of the Site Plan that states that the use of the football field and structures shall be an accessory use and subordinate and incidental to the primary use of the property as a church. Use of the football field shall be limited to church sponsored activities and shall not be used in a profit-generating manner.”<BR>&nbsp;<BR>Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PLANNING &amp; SUBDIVISION REGULATIONS 12-04-06</STRONG><BR>Mike Amyx , Mayor of Lawrence, Kansas, approached the Board to discuss the current status of the Subdivision Regulations. City Manager, David Corliss; Grant Eichhorn; and Mayor Amyx met last Tuesday with the Planning Commission to discuss items of concern. Amyx requested a committee be formed to work through the negotiation process with representatives from the County Commission, the City Commission and the Planning Commission. He believes this committee can provide strong recommendations all three bodies can support and still work within the timeline on the moratorium.</P> <P>Jones stated that what came to the City Commission had an 8-1 vote from Planning Commission and a 3-0 vote from the County Commission. The County Commissioners are the ones elected to set policy outside the city limits. Jones believes the committee is a great idea and asked his fellow commissioners if it would be appropriate for him to represent the County. Johnson and McElhaney agreed.&nbsp; Jones also asked County Planning Commissioner Eichorn to be included on the Committee. Jones said he senses there is more fear of the unknown than outright rejection of what the County Commission has proposed. Jones stated we need to make sure many of these questions will be addressed, polish the words without changing the intent, and we need to clarify and understand the principal and intent.</P> <P>Amyx agrees a lot of this disagreement has to do with wording. The Commissions have had years of cooperation, and this partnership has worked extremely well. He would hate to see anything happen to the positive relationship. Amyx plans to place the regulations on the agenda before the end of the year.</P> <P>Johnson stated the Board is very comfortable with Jones representing the County Commission. He stressed the importance of coming to a decision before December 31, 2006. </P> <P>Johnson commented, we have two suggestions coming to the City Commission both of which are better than what we have today, but we can’t adopt both. Johnson stated that City should probably defer to the County Commission with respect to those regulations outside city limits unless the City can show them as detrimental to the interest of the City. </P> <P>McElhaney stated that we owe it to our citizens to make a decision. The Board has changed some frontage requirements in the Urban Growth Area (UGA) to make development easier, allowed for easier access for infrastructure placement in these areas and he feels our document is sound, reasonable, not perfect, but is much more perfect than what we have in place now. Johnson opened the meeting for public comment.</P> <P>A Douglas County citizen commented it is his understanding there are details the City has asked the County to clarify. He hopes the committee will do that and move forward. Johnson responded that he is not aware of any specific issues or questions that have been raised that have not been addressed, but this group will search that out. Johnson closed the public comment.</P> <P>Amyx agreed to the earlier statement that the issue has more to do with wording than anything else, and it’s important to have a real understanding on what we’re being asked to vote on. Johnson commented that a true value of partnership is one that survives differences. If we are able to accomplish that, we’ll not only have better regulations, but a stronger partnership. No action was taken.</P> <P><STRONG>ACCOUNTS PAYABLE 12-04-06</STRONG><BR>Jones moved approval of accounts payable in the amount of $139,723.16 to be paid 12/04/06; District Attorney longevity payroll in the amount of $4.750.00; Poll Workers payroll in the amount of $23,483.00; and Electronic Funds Transfers in the amounts of $364.48 for FICA and $156.35 for KPERS to be paid 11/28/06. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 12-04-06</STRONG><BR>At 9:10 A.M., McElhaney made a motion that the Board recess to go into executive session for 30 minutes with Craig Weinaug, County Administrator; and Pam Madl, Assistant County Administrator, to discuss personnel. Motion was seconded by Johnson and carried unanimously. The Board returned to regular session at 9:40 A.M. No action was taken.</P> <P>Jones moved to adjourn the meeting. The motion was seconded by McElhaney&nbsp;&nbsp;&nbsp; and carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp; Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Charles Jones, Member</P> <P>&nbsp;</P>

<P><BR>Johnson called the meeting to order at 8:35 a.m. on Monday, December 11, 2006 with all members present.&nbsp; </P> <P>Jones moved to approve the minutes of November 13, November 15, November 27,&nbsp; and November 28, 2006, as amended. The motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>CONSENT AGENDA 12-11-06</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <P>&#9658; Approve Commissioners Order Nos. 06-185 and 06-186 (on file in the Office of the County Clerk)</P> <P>The motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PUBLIC WORKS 12-11-06</STRONG><BR>The Board considered approval to solicit bids for the rehabilitation of the Kansas River Bridge at Lecompton, Project No. 2005-11. Keith Browning, Director of Public Works, discussed the current contract documents as having a stipulated start date of March 12, 2007 and completion date of August 10, 2007, with liquidated damages of $10,000 per day for each day after August 10th the bridge is not available to all traffic. Once a contract is awarded, a bonus for early completion can be negotiated. The current estimate for the construction cost is $1,700,000 to $2,000,000, not including the repainting cost. Jones requested a web page be dedicated to the Lecompton Bridge project on the Douglas County website to update residents on the bridge progress. Browning stated the project is scheduled to take 150 days, 10 days longer then the engineer’s estimate. Johnson suggested if Jefferson County wanted to shorten the completion time, they may want to offer the contractor an incentive plan. </P> <P>Jones moved for approval to solicit bids for the rehabilitation of the Kansas River Bridge at Lecompton, Project No. 2005-11. McElhaney seconded and the motion carried unanimously. </P> <P><STRONG>PURCHASING 12-11-06<BR></STRONG>The Board considered approval of bids for the County fuel contract. Jackie Waggoner, Director of Purchasing, stated the current fuel contract is expiring. Alternate approaches for fueling and the purchasing of tanks were reviewed. Capital City provided the lowest bid and has made arrangements with Alvamar Golf Course at 2021 Crossgate Drive for an alternative 24-hour fuel station.</P> <P>Jones moved to approve the low bid for fuel contract submitted by Capital City Oil. McElhaney seconded the motion and it carried unanimously.</P> <P><STRONG>PLANNING 12-11-06</STRONG><BR>Michelle Leininger, Lawrence/Douglas County Metropolitan Planning Department, presented a Joint City Ordinance No. 8052, County Resolution No. 06-36, amending Horizon 2020, Chapter 6-Commercial Land Use, to include the description, goals and policies of a Mixed-Use Commercial Center for final approval by the Board, originally approved on September 11, 2006.</P> <P>Jones moved to approve the Joint City Ordinance No. 8052, County Resolution No. 06-36, amending Horizon 2020, Chapter 6-Commercial Land Use, to include the description, goals and policies of a Mixed-Use Commercial Center. Johnson seconded the motion and it carried unanimously. </P> <P><STRONG>EMERGENCY MANAGEMENT 12-11-06</STRONG><BR>The Board discussed a resolution to adopt a National Incident Management System. Paula Phillips, Director of Emergency Management, was present for discussion. This resolution complies with the Homeland Security Presidential Directive Number 5 (HSPD#5) and complies with the County policy objective of using National Incident Management System (NIMS) as the County standard for emergency management and incident management. This requirement designates the Director of Douglas County Emergency Management to administer the County NIMS policy, develop, coordinate NIMS activities, advise County and City agencies of NIMS information and regulations and monitors NIMS compliance with appropriate federal and State directive, guidelines and regulations.</P> <P>Johnson questioned whether neighboring counties will be adopting the same changes. Phillips responded that “yes” other counties are required to adopt the same resolutions. Jones requested that Phillips provide a cost estimate on the amount the County may be responsible for. Item was tabled until Monday, December 18, 2006.&nbsp; </P> <P><STRONG>EMERGENCY MANAGEMENT 12-11-06</STRONG><BR>Paula Phillips, Director of Emergency Management, presented a request for the adoption of the Douglas County Mutual Aid Resolution. The resolution provides municipal immunity from liability when public safety agencies provide assistance to each other during times of disaster, and facilitates interlocal cooperation of cities and municipalities for mutual advantage.</P> <P>Item was table to the December 18, 2006 meeting for cost assessment information. </P> <P><STRONG>EMERGENCY MANAGEMENT 12-11-06</STRONG>&nbsp; <BR>Paula Phillips, Director of Emergency Management, presented a request for the adoption of a Joint Cities-County Emergency Management Resolution. This resolution is a revision to the adopted 1996 version. Each of the city governing bodies in Douglas County have reviewed and adopted the revised resolution. The changes primarily reflect definitions, terms and descriptions of the emergency management and homeland security function. </P> <P>Item was tabled for more information. To be placed on the Regular agenda for the December 18, 2006. </P> <P><STRONG>ACCOUNTS PAYABLE 12-11-06</STRONG><BR>Jones moved to approve accounts payable in the amount of $185,836.46 to be paid on 12/11/06; and payroll in the amount of $710,867.40 to be paid 12/01/06; KPERS in the amount of $54,952.32 and FICA in the amount of $54,614.91 to be paid on 12/08/06. The motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 12-11-06</STRONG><BR>Craig Weinaug, County Administrator, asked the Board to schedule a meeting in early January to discuss an agricultural permit exemption. </P> <P>Jones moved to adjourn the meeting. The motion was seconded by McElhaney&nbsp;&nbsp;&nbsp; and carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member</P>

<SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: Arial; mso-bidi-font-size: 10.0pt; mso-bidi-font-family: 'Times New Roman'">&#160;<o:p> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><BR>Johnson called the meeting to order at 7:00 p.m. on Wednesday, December 13, 2006 with all members present.&nbsp; </P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt">&nbsp;</P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><STRONG>CONSENT AGENDA 12-13-06</STRONG><BR>Jones moved approval of the following Consent Agenda:<BR>&nbsp;<BR>&#9658; Note receipt of fee reports for the month of November 2006</P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt">The motion was seconded by McElhaney and carried unanimously.</P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt">&nbsp;</P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><STRONG>PUBLIC WORKS 12-13-06</STRONG><BR>The Board discussed a resolution pursuant to K.S.A. 68-1106 which requires approval for bridge repairs in excess of $250,000.</P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt">McElhaney moved to approve Resolution No. 06-37 declaring repairs to the Kansas River Bridge at Lecompton to be necessary. Jones seconded and the motion carried unanimously.</P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt">McElhaney moved to approve a letter be sent to Jefferson County regarding the necessary bridge repairs. Jones seconded and the motion carried unanimously. </P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt">Jones moved to adjourn the meeting. The motion was seconded by McElhaney and carried unanimously.</P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt">&nbsp;</P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt">_____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Jere McElhaney, Member</P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt">ATTEST:</P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt">_____________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member</o:p></SPAN></P>

<P>Johnson called the meeting to order at 6:35 p.m. on Wednesday, December 20, 2006 with all members present.&nbsp; </P> <P><STRONG>CONSENT AGENDA 12-20-06</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <P>&#9658; Note receipt of additional fee reports for the month of November 2006</P> <P>The motion was seconded by McElhaney and carried unanimously. </P> <P><STRONG>PLANNING &amp; SUBDIVISION REGULATIONS 12-20-06</STRONG><BR>The Board discussed a resolution adopting revisions to the County Subdivision Regulations. Johnson opened to public comment.</P> <P>Dorthea Jackson, Douglas County resident, commented that the Board has worked very hard and finally reached an agreement with the other two groups. She suggested the County offer seminars to Douglas County residents to inform them of the new regulations. Jones agreed seminars are a great idea. There should be an implementation strategy meeting. Jones also directed Linda Finger, County Consultant, to design a PowerPoint presentation and asked for Finger’s assistance with implementation strategy. Finger also suggested sending a memo to the three other cities to inform them of the changes and start date. </P> <P>Craig Weinaug, County Administrator, stated the City implied they are initiating additional staffing to implement the new regulations. Jones commented the Board needs to address: educational materials, who to make presentations to, and staffing issues. Jones read for the record, the following letter the County Commission addressed to the City Commission on December 20, 2006.&nbsp; </P> <P>December 20, 2006</P> <P>City Commission <BR>City Hall<BR>6 East Sixth Street<BR>Lawrence, KS&nbsp; 66044</P> <P>Dear Fellow Commissioners:<BR>We are most appreciative of the unanimous support the City Commission gave to the subdivision regulations last night. This is a remarkable step forward in managing growth in the unincorporated area of the County.&nbsp; We want to thank you all for your fine work, patience and persistent good faith.&nbsp; The County Commission looks forward to continuing discussion of Transferable Development Rights and/or other incentive approaches to encouraging preservation. We also remain committed to a thorough review of these regulations in one year. <BR>Respectfully, <BR>Bob Johnson&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney&nbsp;&nbsp;&nbsp;Charles Jones<BR>Chairman&nbsp;&nbsp;&nbsp;&nbsp;Co-Chair&nbsp;&nbsp;&nbsp;&nbsp;Member</P> <P>&nbsp;</P> <P>Jones moved to adopt the revisions to the subdivision regulations, Ordinance No. 8064, Resolution No. 06-41, a Joint Ordinance of the City of Lawrence, Kansas and Resolution of the Board of County Commissioners of Douglas County, Kansas providing for the adoption of “Subdivision Regulations for Lawrence and the Unincorporated areas of Douglas County, December 19, 2006 Edition” incorporating by reference said edition, and codifying the code in “The Code of the City of Lawrence, Kansas Edition” Chapter 20, Article 8 of the Development Code of the City of Lawrence, Kansas and Amendments thereto and repealing the existing Chapter 21 of&nbsp; the Code of the City of Lawrence, Kansas, and codifying in the Douglas County Code Chapter XI, Article 1.&nbsp; McElhaney seconded and the motion carried 3-0.</P> <P>Jones moved to approve Resolution No. 06-42, a Resolution of the Board of County Commissioners of Douglas County, Kansas Adopting Text Amendments to Articles 6, 7 and 18 of the Zoning Regulations for Unincorporated Territory of Douglas County, Kansas. McElhaney seconded and the motion carried 3-0.</P> <P>Jones moved to approve Resolution No. 06-43, a Resolution of the Board of county Commissioners of Douglas County, Kansas adopting text Amendments to Article 28 of the Zoning Regulations for the Unincorporated Territory of Douglas County, Kansas. McElhaney seconded and the motion carried 3-0.</P> <P>Jones moved to approve the development of a Joint Ordinance/Resolution to amend Chapters 4 and 5 of Horizon 2020 based on Planning Commission recommendation on October 18, 2006. McElhaney seconded and the motion carried 3-0.</P> <P><STRONG>CEREAL MALT BEVERAGE LICENSE 12-20-06</STRONG><BR>Jones moved to authorize the Chairman or Vice Chair to sign the “Notice to the Township Boards” for the Cereal Malt Beverage License for Midland Farms Store and Cecil Monday’s Bar &amp; Grill and to approve the license after the 10-day notification period. McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>BUDGET 12-20-06</STRONG><BR>Jones moved to approve the amended 2006 Budget, noting amendment reflects the movement of money within the Budget. The motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 12-20-06</STRONG><BR>Jones moved approval of accounts payable in the amount of $557,545.53 to be paid 1218/06; Manual checks in the amount of $980.00; payroll checks in the amount of $724.43 for Public Works Safety Awards; and Electronic Funds Transfers in the amounts of $57.71 for FICA and $16.46 for KPERS to be paid 12/15/06. Motion was seconded by McElhaney and carried unanimously.</P> <P>&nbsp;</P> <P>McElhaney moved to adjourn the meeting. The motion was seconded by Jones and carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member</P>

<P>Johnson called the meeting to order at 8:30 a.m. on Monday, January 8, 2007 with all members present.&nbsp; The Pledge of Allegiance was recited.</P> <P><STRONG>MISCELLANEOUS 01-08-07</STRONG><BR>Robert Fairchild, Administrative Judge for Division 1 of the District Court, swore in Charles Jones as a re-elected member of the Douglas County Board of Commissioners.&nbsp;&nbsp; </P> <P><STRONG>MISCELLANEOUS 01-08-07&nbsp;<BR></STRONG>McElhaney moved that Johnson be elected as Chairman of the Board effective today for the coming year. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 01-08-07</STRONG>&nbsp; <BR>Jones moved that McElhaney be elected as Vice-Chairman of the Board effective today for the coming year. Motion was seconded by Johnson and carried unanimously.</P> <P>Jones moved to approve the minutes of December 4, December 11, December 13, and December 20, 2006. The motion was seconded by McElahney and carried unanimously. </P> <P><STRONG>CONSENT AGENDA 01-08-07</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <P>&#9658; Approve Commissioners Order No. 07-101, 07-102 and 07-103 (on file in the Office of the County Clerk);<BR>&#9658; Approve Resolution No. 07-01 granting Cereal Malt Beverage License for Midland Farm Store and Resolution No. 07-02 granting a Cereal Malt Beverage License for Cecil Monday’s Bar and Grill; <BR>&#9658; Approve Resolution No. 07-03 establishing a 30 miles per hour maximum speed limit on a portion of E 1300 Road between N 1100 and N 1150 Roads; <BR>&#9658; Approve Resolution No. 07-04 establishing a 30 miles per hour maximum speed limit on a portion of N 650 Road and E 1400 Road in Willow Spring and Palmyra Townships; <BR>&#9658; Approve Home Rule Resolution of the Board of County Commissioners of Douglas County, Kansas, Making Technical Amendments to Access Management Standards, as adopted by Resolution No. HR 06-10-7 and codified at Article 5 of Chapter IX of the Douglas County Code; <BR>&#9658; Approve Resolution No. 07-05 reappointing the District Coroner and Deputy District Coroner for the Seventh Judicial District for a four-year term commencing on January 8, 2007; <BR>&#9658; Approve amendments to medical contracts for Visiting Nurses Association, Dr. Dennis Sale (formerly Heartland Medical Outreach and Dr. Sale) and Bert Nash Community Mental Health Center for the Douglas County Jail commencing January 1, 2007 and concluding on December 31, 2007; </P> <P>The motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG><EM>Consideration of items pulled from the Consent Agenda:</EM></STRONG></P> <P><STRONG>PLANNING &amp; COMPREHENSIVE LAND USE 01-08-07</STRONG><BR>The Board considered the approval of Joint Ordinance No. 8070/Resolution No.&nbsp;&nbsp;&nbsp; 07-06 of the City of Lawrence, Kansas, and the Board of County Commissioners of Douglas County, Kansas Amending the Comprehensive Land Use Plan “Horizon 2020” Pursuant to K.S.A. 12-747, by adopting text amendments revising Chapter Four-Growth Management contained in Horizon 2020. Sheila Stodsgill, Acting Planning Director, discussed that the Joint Ordinance/Resolution is the official approval of the chapter revisions approved on October 18, 2006 and seen again on December 20, 2006.</P> <P>Johnson moved to approve the Joint Ordinance No. 8070/Resolution No. 07-06. Jones seconded the motion and it carried unanimously.</P> <P><STRONG>PLANNING &amp; COMPREHENSIVE LAND USE 01-08-07<BR></STRONG>The Board considered the approval of Joint Ordinance No. 8071/Resolution No.&nbsp;&nbsp;&nbsp; 07-07 of the City of Lawrence, Kansas, and the Board of County Commissioners of Douglas County, Kansas Amending the Comprehensive Land Use Plan “Horizon 2020” Pursuant to K.S.A. 12-747, by adopting text amendments revising Chapter Five –Residential Land Use contained&nbsp; in Horizon 2020. Sheila Stodsgill, Acting Planning Director, was present for discussion.</P> <P>Johnson moved to approve Joint Ordinance No. 8071/Resolution No. 0707. Jones seconded the motion and it carried unanimously.</P> <P><STRONG>PURCHASING &amp; SHERIFF’S OFFICE 01-08-07</STRONG> <BR>Pam Madl, Assistant County Administrator, publicly affirmed that after speaking with two of the Commissioners, she used her authority for the purchase of one mini van for the Sheriff’s department detectives and investigation unit. The purchase price of $18,605 was made through Shawnee Mission Ford and the van replaces a 2000 Ford Expedition. The memo presented to the Board requested the approval of a second vehicle. Since the distribution of that memo, Jackie Waggoner, Purchasing Director, no longer wishes to make another purchase at this time. </P> <P>Jones moved to affirm Pam Madl, Assistant County Administrator, had the authority of the Board of the Douglas County Commission to purchase a mini van through Shawnee Mission Ford for the Sheriff’s Department in an amount in the amount of $18,605.&nbsp; The motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PURCHASING &amp; BANKING SERVICES 01-08-07<BR></STRONG>The Board considered approval of a request to accept a negotiated proposal for banking services from UMB (United Missouri Bank).&nbsp; The Division of Purchasing <BR>received seven (7) proposals from financial institutions in response to a solicitation for depository and banking services. Significant weight was given to cost, financial strength of the institution, experience in providing services to similar accounts and automated services. Based on the annual net (interest less fees), the evaluating committee recommended the UMB negotiated proposal. The UMB banking services summary listed for Monthly Cost: a Combined Annual Cost=$21,493.32 (original bid) and $17,087.76 (negotiated bid); Interest Rate: Total Monthly Interest = $31,784.13, Annual Interest=$381,409.56, Annual Net (interest less fees)=$359,916.24 (original bid) and $364,321.80 (negotiated bid). </P> <P>A representative from UMB Bank spoke to the Board expressing her appreciation for considering UMB’s proposal. </P> <P>Jones moved to approve the negotiated proposal for banking services from UMB Bank. The motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG><EM>Regular Agenda items:</EM></STRONG></P> <P><STRONG>AGREEMENTS &amp; BIOSCIENCE 01-08-07</STRONG><BR>The Board discussed entering into a Memorandum of Understanding with the Kansas Bioscience Authority, the Lawrence-Douglas County Bioscience Authority, Inc., City of Lawrence, Douglas County Development, Inc., and the Lawence Chamber of Commerce, for the purchase, financing of improvements, and management of the spec building at East Hills Business Park (3813 Greenway Drive). Beth Johnson, Lawrence Chamber of Commerce was present for the discussion. </P> <P>McElhaney questioned whether using the spec building for bioscience related initiatives would limit the use of the building and therefore limit the amount of return to the owners. Beth Johnson stated that the term “bioscience” is far reaching and will yield a wide range of opportunities. The primary need of the KBA is wet lab space, but the space will be adaptable. Jones stated the Bioscience Authority will not seek tax abatement and has the liability for making tax payments.&nbsp; A property of this value will have a substantial return in taxes and hopefully a bigger return in employment opportunities for the community. </P> <P>LaVerne Epp, President of Lawrence-Douglas County Biosciences Authority, expressed his appreciation for the collaborative effort by the all parties involved.&nbsp; </P> <P>Jones moved to enter in to an agreement with the Kansas Bioscience Authority, the Lawrence-Douglas County Bioscience Authority, Inc., City of Lawrence, Douglas County Development, Inc., and the Lawence Chamber of Commerce, for the purchase, financing of improvements, and management of the spec building at East Hills Business Park. McElhaney seconded the motion and it carried unanimously.</P> <P><STRONG>PLANNING 01-08-07</STRONG><BR>The Board discussed the approval of CPA-2004-2 an amendment to Horizon 2020, Chapter 7: Industrial and Employment Related Land Use. Amy Miller, Lawrence/ Douglas County Metropolitan Planning Department, discussed the amendment revisions. The main revisions include: 1.) Industrial and employment related land use has been separated into two distinct categories and 2.) the addition of “Work-Live Campus Type Center” a mixed use area combining industry, business, retail and residential uses. Item was deferred by the Board on December 7, 2005 for review and comments by the Economic Development Board. No comments were received.&nbsp; </P> <P>Johnson commented that the amendment refers to the southeast industrial area as located on the south side of East 23rd Street. Johnson stated that the southeast area has not clearly been identified yet. He questioned whether the amendment adoption would define or limit what the southeast area is. Johnson noted the document appears to emphasize the need for small scale industrial when in fact we lack land use larger or significant in size. Miller stated the noted wordings are not part of the chapter that is highlighted and therefore not being changed. </P> <P>Jones questioned what incentives for the expansion of existing facilities and redevelopment of vacant facilities and/or land has been discussed. Miller replied there has been no discussion. Jones also questioned what&nbsp; the purpose of a comprehensive plan is. The details seem to be more subdivision regulation driven.&nbsp; Jones suggested adopting the amendment because some good things are expressed including added language for big sites and fill development. He also expressed the need to discuss with the new planning director how to make decisions and where do maps come into this. We need clear articulation in the instruments of policy versus more specific regulatory criteria.</P> <P>Johnson asked if there is any harm in adopting this amendment. Stogsdill responded by asking the Board to keep in mind the economic development efforts on a broad spectrum. The Planning Department has spent a lot of time focusing on big site issues. Policies are needed to accommodate the small users in the community. The Comprehensive Plan provides policy, foundation and frame work for regulations. A broad policy is needed in the Comprehensive Plan in order to have the basis for adopting the implementing tools. Stogsdill stated the Planning Department can also look into whether the policy language in Horizon 2020 is substantially more specific than what other community’s comprehensive plans have. When bringing the Comprehensive Plan from the 70s to the 90s, the community as a whole determined that appearance, landscaping and environmental impacts were important to the community and that’s why there are more specific policies then originally.</P> <P>Jones directed planning staff make a set of the most important maps of Douglas County and provide on a CD for Board use. </P> <P>Jones moved to approve CPA-2004-02; Amendment to Horizon 2020, Chapter 7; Industrial and Employment Related Land Use, and direct staff to draft an <BR>ordinance/resolution for adoption. The motion was seconded by McElhaney and&nbsp; carried unanimously.</P> <P><STRONG>PLANNING 01-08-07<BR></STRONG>Michelle Leininger, Lawrence-Douglas County Metropolitan Planning Department, brought to the Board for consideration CPA-2006-04, an amendment to Horizon 2020, Chapter 5 – Residential Land Use, to replace Figure 5-1, Planning Unit Concept with Neighborhood Concept developed by the Comprehensive Planning Committee (CPC).&nbsp; The Neighborhood Concept illustrates a variety of neighborhoods and includes diagrams with various connectivity methods. If approved, this concept will be used as a guide for future development of neighborhoods, also using the term “Identifiable Hub” in place of “Identifiable Core.” CPC concluded it is best to give an outline of physical elements showing a strong neighborhood instead of going to the comprehensive plan for guidance with only one example. If approved, diagram Figure 5-1 of Horizon 2020 Chapter 5 will be removed and illustrations and text on Horizon 2020 pages 5-2 and 5-3 will be added. </P> <P>The item was tabled until the City Commission has reviewed and voted. The Board intends to follow the City Commissions’ recommendation. Item will be placed on the Consent Agenda after City action. </P> <P><STRONG>PLANNING 01-08-07</STRONG><BR>The Board discussed PF-11-31-06 a Final Plat for Unitarian Fellowship of Lawrence.&nbsp; <BR>The 2.47 acre lot is located at 1263 N 1100 Road. Application is submitted by Grob Engineering Services, LLC, for Unitarian Fellowship of Lawrence, property owner of record. Joseph Rexwinkle, Lawrence/Douglas County Metropolitan Planning Department, presented this item. The property is zoned A (agriculture) and located outside the Lawrence City Limits, but within the Lawrence Urban Growth Area and is the current site of a church, a permitted use in this zoning district. According to Staff review, the property must be platted because the boundaries of the existing lot are being modified to reflect a transfer of property between the church and an adjacent property. The church plans to expand the structure in the future which would require site plan review. This final plat is associated with a preliminary plat; both were approved by the Planning Commission on December 18, 2006. The property takes access to N1100 Road which provides approximately 60 feet of right-of-way, 30 feet each side of the centerline. The N1100 Road is classified as a minor arterial road whose minimum right-of-way is 80 feet. The applicant will dedicate an additional 10 feet of right-of-way along N1100 Road, creating 40 feet on the south side of the centerline.&nbsp; All the necessary permits from the Health Department regarding the septic system and the water supply system have been obtained by the applicant. The variance request for the front yard setback is scheduled for the January BZA meeting. Staff recommends approval of the final plat for the Unitarian Fellowship of Lawrence and forwarding it to the County Commission for acceptance of right-of-way, subject to the following conditions:</P> <P><BR>1.&nbsp;Provision of the following fees and documentation:<BR>a.&nbsp;Recording fees made payable to the Douglas County Register of Deeds.<BR>2.&nbsp;Add a note to the face of the final plat that states “The owner/developer hereby agrees to relinquish one access point and relocate the remaining access point as required by the Douglas County Public Road Access Standards prior to future site plan approval or issuance of a building permit.”</P> <P>After discussion, McElhaney moved to approve the PF-11-31-06 subject to the above conditions. Johnson seconded the motion and it carried unanimously.</P> <P><STRONG>REGISTER OF DEEDS 01-08-07</STRONG><BR>Kay Pesnell, Register of Deeds, presented the Board with a 2006 Technology Fund report with expenditures in the amount of $90,829.84. Pesnell in accordance with Statute Number 28-115a, authorizes the sum of $300,000.00 to be transferred to the&nbsp; Douglas County Commissioners to be used for other Douglas County Land Offices, the Information Technology Department of storage of images and the countywide document project.&nbsp; </P> <P><STRONG>ACCOUNTS PAYABLE 01-08-07</STRONG><BR>Jones moved to approve accounts payable in the amounts of $61,701.34 to be paid on 12/20/06, $283,193.08 to be paid on 12/26/06, and $254,377.93 to be paid on 01/08/07; and manual checks in the amounts of $284,517.80 to be paid on 12/21/06 and $18,715.10 to be paid on 01/02/2007. The motion was seconded by McElhaney&nbsp; and carried unanimously.</P> <P>Jones moved to adjourn the meeting. The motion was seconded by McElhaney and carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_____________________________ &nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P>

<P><BR>Johnson called the meeting to order at 8:30 a.m. on Monday, December 18, 2006 with all members present.&nbsp; </P> <P><STRONG>CONSENT AGENDA 12-18-06<BR></STRONG>Jones moved approval of the following Consent Agenda:<BR>&nbsp;<BR>&#9658; Approve Commissioners Order Nos. 06-187 and 06-191 (on file in the Office of the County Clerk); <BR>&#9658; Approve resolutions granting Cereal Malt Beverage &amp; Occupational Licenses for Zarco, Inc., Flamingo Enterprises of Lawrence, and Flamingo Enterprises/The Bird of Lawrence; <BR>&#9658; Approve purchase of Motorola radios for Sheriff; and<BR>&#9658; Approve adjustment to pay plan for Sheriff, County Clerk, Treasurer, Register of Deeds and County Commission.</P> <P>The motion was seconded by McElhaney and carried unanimously.&nbsp; </P> <P><STRONG>PUBLIC WORKS 12-18-06</STRONG><BR>Michael Kelly, Douglas County Surveyor, appeared before the Board to discuss Tract B, a small parcel of property located in Lone Star and owned by the County.&nbsp; County staff has been unaware of the County’s ownership. Adjacent property owners of Tract A, to the north, Raeburn and Jill Lisher, have been paying property taxes and maintaining the County’s parcel for years and request that the County grant the property to the Lishers. The property provides access to Tract E for agricultural purposes. Mr. Lisher would like the access easement eliminated. There is also a 16-foot easement along Tract C, which is heavily wooded, but can provide access to Tract E.</P> <P>According to Kelly, the property has little monetary value with value only to an abutting property owner. Jones questioned whether the tract would make buildable frontage. Kelly stated it would not. Public Works staff recommends giving a fee simple title to the Lishers while retaining the access easement to abutting property owners. Johnson questioned how much it would cost to clear a right-of-way on the 16-foot access easement on the north side of Tract C. Kelly stated it would cost several thousand dollars. According to McElhaney, it would take about one day of dozing (with a cost of about $1500). Johnson asked Keith Browning, Director of Public Works, his preference on the matter. Browning stated the access on Tract A for Tract E has existed for many years; he prefers the access easement continue on Tract A.&nbsp;&nbsp; </P> <P>Jones moved approval for Public Works to draw up a legal document conveying Tract B to the applicant for a $1, which the County Commission will donate to the owners of Tract A, Raeburn and Jill Lisher, with the document showing that access continues across the southern portion of their property and be restricted for agricultural use. The motion was seconded by McElhaney and carried unanimously. The document will be placed on Consent Agenda for approval. </P> <P>McElhaney asked to let the minutes show that the Board discussed an agriculture only access permit along with other types of access agreements. The Board unanimously decided to include in wording as an agricultural access easement. </P> <P><STRONG>EMERGENCY MANAGEMENT 12-18-06</STRONG><BR>The Board considered approval of Resolution 06-38 to adopt a Joint Cities-County Emergency Management Resolution as tabled from the December 11, 2006 Douglas County Commission meeting. Terry Smith, Assistant Director of Emergency Management, was present for discussion</P> <P>Johnson moved to approve Resolution 06-38, establishing a Douglas County Emergency Management Board as the local Emergency Planning Committee and specifying the duties of the Emergency Management Director: Providing for the manner of appointment thereof and defining the powers and duties of said Board; providing for the authority and duties of the Director of Emergency Management and rescinding the provisions of Resolution No. R05-96-05 of the City of Baldwin, Resolution No. R3-96 of the City of Eudora, Resolution No. 5796 of the City of Lawrence, and Resolution No. 171 of the City of Lecompton. Jones seconded and the motion carried unanimously.</P> <P><STRONG>EMERGENCY MANAGEMENT 12-18-06</STRONG><BR>The Board considered approval of Resolution 06-39 to adopt a Mutual Aid Policy as tabled from the December 11, 2006 Douglas County Commission meeting. Terry Smith, Assistant Director of Emergency Management, was present for discussion. </P> <P>Johnson moved to approve Resolution 06-39 establishing a policy of Douglas County, Kansas to provide assistance to other counties, cities and townships during disasters, pursuant to K.S.A. 12-16, 117. Jones seconded and the motion carried unanimously.</P> <P><STRONG>EMERGENCY MANAGEMENT 12-18-06</STRONG><BR>The Board considered approval of Resolution 06-40 to adopt a National Incident Management System, as tabled from the December 11, 2006 Douglas County Commission meeting. Terry Smith, Assistant Director of Emergency Management, was present for discussion. </P> <P>Johnson moved to approve Resolution 06-40 establishing the National Incident Management System known as NIMS as the incident system to be used for planning, preparing, responding, mitigating, and recovering from local emergency incidents. Jones seconded and the motion carried unanimously.</P> <P><BR><STRONG>ACCOUNTS PAYABLE 12-18-06</STRONG><BR>Jones moved approval of accounts payable in the amount of $557,545.53 to be paid 1218/06; Manual checks in the amount of $980.00; payroll checks in the amount of $724.43 for Public Works Safety Awards; and Electronic Funds Transfers in the amounts of $57.71 for FICA and $16.46 for KPERS to be paid 12/15/06. Motion was seconded by McElhaney and carried unanimously.</P> <P>Jones moved to adjourn the meeting. The motion was seconded by McElhaney and carried unanimously.</P> <P>&nbsp;</P> <P><BR>_____________________________&nbsp;&nbsp; _____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;&nbsp; _____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member<BR></P>

<P>Johnson called the meeting to order at 6:37 p.m. on Wednesday, December 6, 2006 with all members present. </P> <P><STRONG>CONSENT AGENDA 12-06-06</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <P>&#9658; Approve Commissioners Order Nos. 06-183 and 06-184 (on file in the Office of the County Clerk); and<BR>&#9658; Note receipt of fee reports for the month of October 2006</P> <P>The motion was seconded by McElhaney and carried unanimously. </P> <P><STRONG>MISCELLANEOUS 12-06-06</STRONG><BR>Paul Bahnmaier, President of the Lane Museum, discussed the closing of Constitution Hall in Lecompton by the Kansas State Historical Society on a seasonal basis. Bahnmaier is concerned that the closing will affect the tourism and the economy of Lecompton and requested the Board to write a letter to the State Historical Society encouraging them to keep the museum open all year. </P> <P><STRONG>PLANNING 12-06-06</STRONG> <BR>The Board discussed CUP-08-06-06 Conditional Use Permit for Verizon Wireless, for a 150’, 4-carrier monopole tower and equipment shelter. The property is located at 1271 N 222 Road, the same property as the existing Baldwin Junction Greenhouse, a rural residential home and agricultural operation. The location is on the east side of Highway 59 and is accessed via a private road serving existing rural residential home sites. Application is submitted by Verizon Wireless LLC, for Ronald E. and Margaret E. Shouse, property owners of record. </P> <P>Sheila Stogsdill, Acting Planning Director, was present for the discussion, introduced the topic, and provided an overview of the application. The matter was presented to the Board with a positive recommendation of Planning Staff, with 3 suggested conditions contained in the Staff Report, and a 5-4-1 positive recommendation of the Planning Commission. The Staff Report was received, with the Golden factors summarized by reference as follows: </P> <P><STRONG>Zoning and uses of property nearby.</STRONG> The subject property is zoned for agricultural uses. It is developed with an agricultural business operation – Baldwin Junction Greenhouse. The subject property d&#160;s not immediately abut Highway 59 and will not be affected by the revised alignment other than access changes to N 222 Road resulting from the Highway improvement project (scheduled 2000-2011). The new right-of-way line is estimated to be located 580’ east of the existing center line of Highway 59. N 222 Road will connect to a new frontage road located along the east side of the Highway.</P> <P><STRONG>Character of the area.</STRONG> The subject property is accessed from a private road (N 222 Road). The property is not platted as a formal subdivision, but functions in a similar manner with multiple lots having access to an interior road. This road also provides access to the existing agricultural business (Baldwin Junction Greenhouse) and the residential homes in the immediate area. The area across Highway 59 to the west includes multiple parcels with large agricultural buildings along the highway. Homes are generally set back deeper into parcels away from the roadways. The agri-business is not part of a larger commercial node in the County located north of the subject property at the intersection of Highway 56 and Highway 59. This node is commonly referred to as Baldwin Junction. </P> <P>The character of the area includes rural residential homes and agricultural fields and activities. The subject property is located south of the Highway 56/59 intersection known as Baldwin Junction.</P> <P><STRONG>Suitability of subject property for the uses to which it has been restricted.</STRONG> The subject property is part of an informal subdivision that was established through the private road/five-acre exemption provisions. The subject property is developed with an agricultural use including a residential home on the same property. The subject property is located east of Highway 59 and d&#160;s not take direct access to that roadway. The highway alignment is planned to be shifted to the east as a future improvement. The highway alignment will be altered in the future, but will not affect the subject property with the exception of access changes to the frontage road upon completion. The subject property is used as an active agricultural business (non-residential use). The greenhouse activity did not require approval of a Conditional Use Permit as an agricultural operation. The surrounding area land use includes existing rural residential homes and agricultural fields. There is a private airstrip located west of the subject property (CUP-07-02-00).</P> <P>The proposed location reflects and attempt to locate on property that is of a commercial-type nature. However the property includes a single-family home and the surrounding area includes multiple single-family homes in the vicinity. The proposed change d&#160;s not alter the base Agricultural zoning district.</P> <P><STRONG>Length of time subject property has remained vacant as zoned.</STRONG> The subject is used as an existing agricultural business and is exempt from the Conditional Use Permit review process and an agricultural use. The property is developed with a residence built in 1999 and outbuildings associated with the agricultural business built in 2002. The property has been zoned for agricultural purposes since 1966.</P> <P><STRONG>Extent to which removal of restrictions will detrimentally affect nearby property.</STRONG> Approval of a Conditional Use Permit d&#160;s not alter the existing zoning district. The relative height of the structure is not detrimental to nearby residential properties. There is an existing private landing strip located to the west of the subject property located at 1222 N 200 Road (west of Highway 59) on a north/south path.<BR>The general area is zoned agricultural but includes several rural residential homes. The perception of the tower, by residents of the area, may be considered a negative impact on the visual aesthetic of the area as a result of the addition of a tower in the area. There is no county zoning code provision to address aesthetic appearance of a communication tower. The code d&#160;s address “visual impact on the environment” as it relates to lighting (19-4 (31) (d) (6). This concern is expressed in the communications received by staff during the review period. The presence of a tower d&#160;s not affect the physical health, safety or welfare of residents in the area. </P> <P><STRONG>Approval of a Conditional Use Permit d&#160;s not amend the base zoning district requirements and land use limitations.</STRONG> Detrimental effects are related to perception concerns as expressed by residents of the area. There are no physical detriments of the proposed tower associated with the request.</P> <P><STRONG>Relative gain to the public health, safety and welfare by the destruction of the value of the petitioner’s property as compared to the hardship imposed upon the individual landowners.</STRONG> Evaluation of the relative gain weighs the benefits to the community-at-large vs. the benefit of the owners of the subject property. Benefits are measured based on anticipated impacts of the request on the public's health, safety and welfare. The proposed use would improve service delivery to existing customers. The proposed site includes additional space for other carriers that could be co-located on the same structure in the future thus reducing the need for additional towers in the same location. Approval of the request is anticipated to improve communication service for users in the area and those in transit along the Highway 56/59 corridors. </P> <P>There are no apparent physical detriments to the public health, safety, and welfare by the proposed request. Impacts to the area are one of an aesthetic nature as noted by comments received by staff during the review period from property owners in the area.</P> <P><STRONG>Conformance with the Comprehensive Plan.</STRONG> The Public Utility Strategies section provided in Horizon 2020 addresses utility needs in the community. These strategies are geared toward essential utilities, such as sewer and water, as well as electrical and telephone services that serve day-to-day needs. Horizon 2020 states:</P> <UL> <LI>Plans should emphasize utility improvements and extensions that provide the highest level of service within existing service areas, particularly public water and wastewater treatment and collection. </LI> <LI>The visual appearance of utility improvements will be addressed to ensure compatibility with existing and planned land use areas.</LI> <LI>Wherever possible, the location of new major utility corridors should be preplanned to ensure land use compatibility and minimal disruption to existing development areas.</LI></UL> <P>The Plan states that utilities need to be located and extended in a planned manner that is sensitive to public concerns. It is not feasible for all utilities to be located underground. The Plan speaks directly to electric transmission lines regarding the strong visual presence of some utilities, but the need to minimize the environmental and aesthetic impacts are relevant to this application as well.</P> <P>The subject property is substantially setback from the highway as to be outside of the immediate corridor and in fact will not be directly impacted by the highway alignment change with the exception of a change in access via a new frontage road. </P> <P><EM>Horizon 2020</EM> d&#160;s not directly address the issue of special uses. The plan provides basic guidance regarding major infrastructure improvements and urges that such uses to be carefully planned and provided. The provision of such services should be focused in existing service areas to address growth. Additionally, placement and visual appearance are a key consideration in creating compatibility. The plan notes that extension of electric and lard phone service connections to the proposed tower site will be underground.</P> <P>Johnson then asked the applicant to deliver its presentation.</P> <P>Curtis Holland, 6201 College Blvd, Overland Park, attorney speaking on behalf of the applicant Verizon Wireless and the owners of the subject land, stated the need for the tower is based on a significant coverage gap in service from south Lawrence to the Douglas County line. Highways 59 &amp; 56 are heavily traveled and there is no co-location option. Holland referenced the CUP application, which was previously provided to the Commissioners. Holland explained the Verizon coverage gap that the application is intended to resolve. Holland stated most cell users expect to have cell service availability in both their cars and homes. There is an existing tower two miles north of the proposed site. The new tower site was selected to carry an 850 MHz signal to the Franklin County line without encroaching on the current 850 Mhz license in Franklin County and a 1900 Mhz signal that would cross over into Franklin County. Holland stated Verizon is not in the business to build towers but to provide wireless service. Verizon tries to find land uses that cause the least amount of conflict with adjoining residences. </P> <P>Jones questioned if another vendor can provide service and if so can Verizon can tap into their tower. Holland replied all providers start from different sites, and then gaps are created. They tap in when they can. There is no tower they can utilize in this area. McElhaney asked the Planning Staff for a map showing how many towers currently exist in Douglas County and the distance between the towers.</P> <P>Holland referenced the federal laws that relate to siting towers such as this, but generally preserves local zoning authority. Holland stated that the proposed tower has received approval from the FAA.</P> <P>Johnson opened for public comment.</P> <P>Leonard K&#160;zurowicz, 1266 N. 200 Road, stated he will have a view of tower and opposes the tower due to visual effects and noise and maintenance issues. He said he owns the property that is most effected by the proposed tower. He discussed two alternative locations that might be suitable for a cell tower, west of Highway 59 and South of Highway 56. He said the proposed site is in a primarily residential area, not commercial. He questioned whether the protest petition he signed was approved. Jones stated the Board did not receive a copy of the protest petition. </P> <P>Pam Joachim, 1298 N. 200 Road, is opposed to the tower due to property value concerns. She also agrees with everything Mr. K&#160;zurowicz said. She also has Sprint and Cingular service with adequate coverage from both carriers, both from her house and from the highway. She questioned why the tower 2 miles to the north couldn’t be utilized.</P> <P>Leonard K&#160;zurowicz asked about the validity of the signed protest petition he gave to the Clerk’s office. The Clerk’s office time stamped it and kept it. Johnson stated the Clerk’s Office should certify the signatures on the petition and send to the Commissioners the validity of the petition. Jones stated there is nothing the Board can do tonight but the issue will be addressed tomorrow. The petition will not change the outcome of the vote, but could change the legal effect of the vote (i.e. whether CUP approval requires 3-0 vote or only a 2-1 vote).</P> <P>Holland stated that location at 56/59 Highways would not solve Verizon’s coverage gap and that no matter where the tower is sited, someone would complain.</P> <P>Judy K&#160;zurowicz, 1266 N. 200 Road, offered two addresses for alternative sites: 261 E 1260 Road and 236 E. 1250 Road.</P> <P>Johnson closed public comment.</P> <P>Johnson stated a valid petition would require a 3-0 vote to pass the CUP-08-06-06 request. Johnson understands why neighbors object and wouldn’t want a tower in his back yard, but believes the application satisfies all requirements and should be approved.</P> <P>Jones questioned whether the application suits the piece of property given the number of surrounding residential properties, and d&#160;s not feel the applicant meets the requirements of exhausting all services. He stated in the future that Planning Staff needs to utilize a third party reviewer, to provide technical expertise on these types of applications. He also noted that there was a deep split on the matter among the Planning Commission members.</P> <P>McElhaney stated concerns about the number of towers in Douglas County and the fact there are two towers already in the area, one of which is only slightly over 2 miles to the north. He d&#160;sn’t oppose cell towers in general, but d&#160;sn’t believe that this is an appropriate location.</P> <P>Jones stated that the applicant has failed to satisfy the requirement that all co-location possibilities be exhausted in a documented fashion because other cell service providers have adequate coverage in the area.</P> <P>Stogsdill noted the need to adopt findings to support the Commission’s action.</P> <P>A discussion took place as to whether the Commission could deny the application without sending the matter back to the Planning Commission, but the Commission determined not to table the matter and to vote.</P> <P>Jones moved to deny the application for CUP-08-06-06 Conditional Use Permit. Motion was seconded by McElhaney. The motion carried on a 2-1 vote with Johnson opposing. Staff was directed to prepare findings for the Commission to adopt to support the Commission’s action.</P> <P>Jones moved to adjourn the meeting. The motion was seconded by McElhaney and carried unanimously.</P> <P>[Note: Subsequent to the adjournment of the meeting, the Douglas County Clerk certified that a valid protest petition with respect to CUP-08-06-06 was timely filed. This necessitates a 3-0 vote to approve the CUP. The protest petition did not change the legal effect of the Board’s vote because it voted 2-1 to deny the CUP.]</P> <P><BR>_____________________________ _____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member </P> <P>BEFORE THE BOARD OF COUNTY COMMISSIONERS OF <BR>DOUGLAS COUNTY, KANSAS</P> <P>APPLICATION OF VERIZON WIRELESS<BR>FOR CONDITIONAL USE PERMIT FOR <BR>WIRELESSS TELECOMMUNICATION FACILITY<BR>CUP-08-06-06</P> <P>FINDINGS OFF FACT AND CONCLUSIONS OF LAW</P> <P>1. Verizon Wireless (referred interchangeably to as “Verizon” and the “Applicant”), as the tenant of a 100 foot by 100 foot tract of real estate owned by Ronald E. and Margaret E. Shouse, has filed an application for a Conditional Use Permit (“CUP Application”) to construct, operate, and maintain a wireless telecommunication facility consisting of a 150 foot, 4-carrier monopole tower and associated ground based equipment, located on property at 1271 N. 222 Rd.</P> <P>2. The subject site is located in an “A” Agricultural District, but is part of an informal subdivision that was established through the private road/5-acre exemption provisions of the Douglas County rural development regulations.</P> <P>3. By Staff Report dated October 25, 2006, the Lawrence-Douglas County Metropolitan Planning Staff recommended that the CUP Application be granted, subject to certain conditions set forth therein.</P> <P>4. On October 25, 2006, the Lawrence-Douglas County Metropolitan Planning Commission held a public hearing on the CUP Application. At the conclusion of the public hearing, the Lawrence-Douglas County Metropolitan Planning Commission voted 5-4-1 to recommend approval of the CUP Application, subject to certain conditions set forth in its Minutes from that meeting.</P> <P>5. On December 6, 2006, the Board of County Commissioners of Douglas County, Kansas (the “Board”) commenced a public hearing regarding the CUP Application. The hearing was lengthy and the Board allowed all persons present at the hearing to provide comments. </P> <P>6. As a result of the 5-4-1 positive recommendation of the Lawrence-Douglas County Metropolitan Planning Commission to approve the CUP Application, the Board can (1) adopt the recommendation of the Planning Commission and approve the CUP Application, (2) override the recommendation of the Planning Commission by a 2/3rds majority vote of the membership of the Board and deny the CUP Application, or (3) return the recommendation to the Planning Commission with a statement specifying the basis for the Board’s failure to approve or disapprove the CUP Application.</P> <P>7. On November 6, 2006, a protest petition was filed with the Douglas County Clerk, protesting the granting of the CUP. At the time of the December 6, 2006 hearing, the protest petition had not been validated. The Douglas County Clerk subsequently certified the protest petition as valid on December 16, 2006. As a result, Section 19-1.05 of the Douglas County Zoning Regulations requires at least a 3/4th vote of all members of the Board to approve the CUP Application. With only three members of the Board, unanimous approval is required.</P> <P>8. The Board has the authority to review and to either approve or disapprove the CUP Application under K.S.A. 12-755(a)(5) and Article 19 of the Douglas County Zoning Regulations. Section 19-4(31) of the Douglas County Zoning Regulations permits the erection of radio, television, telecommunication, and microwave towers upon receipt of a conditional use permit.</P> <P>9. Conditional use permits are based upon the zoning power of the Board and, by definition, empower the Board to approve, deny, or approve with conditions, as the Board determines appropriate to protect the health, safety and welfare of the public.</P> <P>10. Section 19-1.02 of the Douglas County Zoning Regulations require the consideration of relevant facts, including the following, in determining to grant a conditional use permit:</P> <P>a. The zoning uses of properties nearby.<BR>b. Character of the area.<BR>c. Suitability of the subject property for the uses to which it has been restricted.<BR>d. Length of time the property has remained vacant as zoned.<BR>e. Extent to which the change will detrimentally affect the nearby property.<BR>f. Relative gain to the public health, safety, and welfare by destruction in value of the petitioner’s property as compared to the hardship imposed upon the individual landowners.<BR>g. Conformance with the Comprehensive Plan.<BR>h. Professional staff recommendation.</P> <P>These factors are virtually identical to and incorporated from the considerations set forth in applicable Kansas cases. See Golden v. City of Overland Park, 224 Kan. 591, 584 P.2d 130 (1978) (setting forth a list of factors (referred to as the “Golden factors”) for consideration in rezoning cases); K-S Center Co. v. City of Kansas City, 238 Kan. 482, 494-95, 712 P.2d 1186 (1986) (stating that the rules governing issuance of a conditional use permit are similar to those factors applicable in rezoning cases).</P> <P>11. With respect to the foregoing factors, the Board makes the following findings:</P> <P>A. ZONING AND USES OF PROPERTY NEARBY</P> <P>The subject property is zoned for agricultural uses. It is developed with an agricultural operation (Baldwin Junction Greenhouse) on site . The subject property d&#160;s not immediately abut Highway 59 and will not be affected by the revised alignment other than access changes to N. 222 Rd. resulting from the Highway improvement project (scheduled 2009-2011). The new right-of-way line is estimated to be located 580’ east of the existing center line of Highway 59. N 222 Road will connect to a new frontage road located along the east side of the Highway. </P> <P>B. CHARACTER OF THE AREA</P> <P>The subject property is accessed from a private road (N 222 Rd.). The property is not platted as a formal subdivision, but functions in a similar manner with multiple lots having access to an interior road. This road also provides access to the existing agricultural operation (Baldwin Junction Greenhouse) and the rural residential homes in the immediate area. The area across Highway 59 to the west includes multiple parcels with large agricultural buildings along the highway. The character of the area is a rural residential setting with agricultural fields and activities. The rural residences are generally set back deeper into parcels away from the roadways. The on-site agricultural operation is not part of a commercial node in the County located north of the subject property at the intersection of Highway 56 and Highway 59. This commercial node is commonly referred to as Baldwin Junction. The Board concludes that a communications tower is not compatible with the nearby surrounding residential area.</P> <P>C. SUITABILITY OF SUBJECT PROPERTY FOR THE USES TO WHICH IT HAS BEEN RESTRICTED</P> <P>The subject property is part of an informal subdivision that was established through the private road/five-acre exemption provisions. The subject property is developed with an agricultural use including a residential home on the same property. The subject property is located east of Highway 59 and d&#160;s not take direct access to that roadway. The highway alignment is planned to be shifted to the east as a future improvement. The highway alignment will be altered in the future, but will not affect the subject property with the exception of access changes to the frontage road upon completion. The subject property is used as both a residential use and an active agricultural business (non-residential use). The greenhouse activity did not require approval of a Conditional Use Permit as an agricultural operation. The surrounding area land use includes existing rural residential homes and agricultural fields. There is a private airstrip located west of the subject property (CUP-07-02-00).</P> <P>According to the applicant, the proposed location reflects and attempt to locate on property that is of a commercial-type nature. However, the greenhouse is an agricultural use and not a commercial use and the property includes a single-family home and the surrounding area includes multiple single-family homes in the vicinity.</P> <P>D. LENGTH OF TIME SUBJECT PROPERTY HAS REMAINED VACANT AS ZONED</P> <P>The subject property is not vacant. It is used as an existing residential use and a greenhouse. The greenhouse operates exempt from the Conditional Use Permit review process as an agricultural use. The property is developed with a residence built in 1999 and outbuildings associated with the agricultural business built in 2002. The property has been zoned for agricultural purposes since 1966. </P> <P>E. EXTENT TO WHICH REMOVAL OF RESTRICTIONS WILL DETRIMENTALLY AFFECT NEARBY PROPERTY</P> <P>Approval of a Conditional Use Permit d&#160;s not alter the existing zoning district, but it would permit a 150 foot communication tower to be erected. The relative height of the structure is not physically detrimental to nearby residential properties, but is visually objectionable. There is an existing private landing strip located to the west of the subject property located at 1222 N 200 Road (west of Highway 59) on a north/south path.</P> <P>The area is zoned agricultural, but includes several rural residential homes. The erection of the tower is considered by residents of the area to cause a negative visual effect. The Board disagrees with provisions in the Staff Report that indicate that the Douglas County Zoning Regulations contain no provision that addresses aesthetic appears of a communications tower. The Zoning Regulations specifically address the “visual impact on the environment” of a communications tower (Section 19-4(31)(d)(6)), and the Board finds that a tower at this site would produce an adverse visual effect on the environment and that adverse visual effect needs to be weighed against the extent of the Applicant’s coverage gap, alternate coverage in the area, and alternate possibilities to the Applicant.</P> <P>F. RELATIVE GAIN TO THE PUBLIC HEALTH, SAFETY AND WELFARE BY THE DESTRUCTION OF THE VALUE OF THE PETITIONER’S PROPERTY AS COMPARED TO THE HARDSHIP IMPOSED UPON THE INDIVIDUAL LANDOWNERS</P> <P>Evaluation of the relative gain weighs the benefits to the community-at-large vs. the benefit of the owners of the subject property. Benefits are measured based on anticipated impacts of the request on the public's health, safety and welfare. The existing tract of real estate is already in productive use, consisting of a rural residence and an agriculturally-related greenhouse. According to the Applicant, the proposed tower would improve service delivery to its customers and includes additional space for other carriers to co-locate. Approval of the request may improve communication service for users within a small area and those in transit along the Highway 56/59 corridors, as the Applicant states, but there is a Verizon tower only 2 miles to the south, leading the Board to conclude that the alleged coverage gap cannot be very large. In addition, two other national wireless service providers have adequate service in the area, and one of the frequencies the Applicant plans to broadcast from the proposed tower is not licensed in Franklin County and, therefore, cannot travel beyond the Douglas County line (2 miles to the south). Given the foregoing, the Board is not prepared to accept the assertion that the alleged coverage gap cannot be eliminated by other means without the necessity of erection of a new tower at the proposed. The Board finds that the applicant has failed to satisfy the requirement that all co-location possibilities be exhausted in a documented fashion because other cell service providers have adequate coverage in the area, and concludes that the benefits of the proposed tower do not offset the detriments.</P> <P>G. CONFORMANCE WITH THE COMPREHENSIVE PLAN</P> <P>The Public Utility Strategies section provided in Horizon 2020 addresses utility needs in the community. These strategies are geared toward essential utilities, such as sewer and water, as well as electrical and telephone services that serve day-to-day needs. Horizon 2020 states:</P> <P>&#61607; Plans should emphasize utility improvements and extensions that provide the highest level of service within existing service areas, particularly public water and wastewater treatment and collection. <BR>&#61607; The visual appearance of utility improvements will be addressed to ensure compatibility with existing and planned land use areas.<BR>&#61607; Wherever possible, the location of new major utility corridors should be preplanned to ensure land use compatibility and minimal disruption to existing development areas.</P> <P>The Plan states that utilities need to be located and extended in a planned manner that is sensitive to public concerns. It is not feasible for all utilities to be located underground. The Plan speaks directly to electric transmission lines regarding the strong visual presence of some utilities, but the need to minimize the environmental and aesthetic impacts are relevant to this application as well.</P> <P>Horizon 2020 d&#160;s not directly address the issue of special uses. The Plan provides basic guidance regarding major infrastructure improvements and urges that such uses be carefully planned and provided. Additionally, placement and visual appearance are a key consideration in creating compatibility. Based upon number of towers in the area and the small gap that the Applicant states it has in its coverage, the Board cannot conclude that erecting a tower at the proposed site satisfies the Plan requirement that the use be carefully planned and provided.</P> <P>H. PROFESSIONAL STAFF RECOMMENDATION</P> <P>Douglas County’s professional planning staff has recommended approval of the CUP Application with several stated conditions. This recommendation is but one factor in the Board’s decision, but d&#160;s not mandate that the Board grant the CUP Application. The ultimate authority to grant or deny the CUP Application rests with the Board. If the Board was required to follow the professional planning staff recommendation, there would be no need for hearing before the Planning Commission and the Board, which of course is incorrect. The Board, after careful consideration, has determined that this particular site is not appropriate for the proposed tower. The Board d&#160;s not believe that the Applicant has established that it has exhausted all other, less intrusive, alternatives or sites to resolve its relatively small coverage gap, particularly because it has a tower only 2 miles to the north and at least two other service providers have adequate coverage in the area. </P> <P>12. Based upon the foregoing and all other evidence submitted to the Board, the Board hereby denies the CUP Application.</P> <P>The Board hereby adopts and confirms the foregoing Findings of Fact and Conclusions of Law on the 17th day of January, 2007.</P> <P><BR><BR>Dissenting________________________________ <BR>Bob Johnson, Chair </P> <P><BR>________________________________________ <BR>Jere McElhaney, Member </P> <P><BR>________________________________________ <BR>Charles Jones, Member<BR></P>

<P><BR>Johnson called the meeting to order at 6:35 p.m. on Wednesday, January 17, 2007 with all members present.&nbsp; The Pledge of Allegiance was recited.</P> <P>Jones moved to approve the minutes December 6, 2006. The motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>CONSENT AGENDA 01-17-07</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <P>&#9658; Approve Commissioners Order No. 07-104, 07-105 and 07-106 (on file in the Office of the County Clerk);<BR>&#9658; Approve amendment to Horizon 2020, Chapter 5 – Residential Land Use, to replace Figure 5-1, Planning Unit Concept with Neighborhood Concept development by the CPC and directed Planning Staff to prepare a joint ordinance/resolution for adoption; and<BR>&#9658; Approve Overpass Agreement with BNSF Railway in conjunction with Kansas River Bridge Rehabilitation project.<BR>&nbsp;<BR>The motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PUBLIC WORKS &amp; PETITION FOR BENEFIT DISTRICT 01-17-07</STRONG> <BR>Keith Browning, Director of Public Works, presented a petition for a Road Benefit District calling for the improvement of N 600 Road. Improvements include reconstruction of the road to County standards with an aggregate base, chip sealed roadway surface and drainage structure replacements. The road currently serves as access to the Breezy Summit Acres and Coal Creek Estates subdivisions. A preliminary estimate of constructions costs is $235,000.00. The petition requests the initial costs of construction be assessed per percentages set forth in annual payments over a period of twenty (20) years. </P> <P>Jones moved to receive the petition and directed staff to schedule a public hearing and prepare a draft resolution creating the benefit district. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PLANNING 01-17-07</STRONG><BR>The Board considered Z-11-29-06 a request to rezone a tract of land approximately 39.67 acres from A (agricultural) to A-1 (Suburban Home Residential District) for the division of property into three single-family residential lots. The property is located at 671 N 1550 Road within the Urban Growth Area (UGA). The application is submitted by Bruce and Cynthia Byers, property owners of record. Sheila Stogsdill, Acting Director of the Lawrence-Douglas County Metropolitan Planning Department, was present for discussion. The property owners were informed by the Lawrence-Douglas County Planning Office that they could file a plat of survey showing three tracts of land on the 39.67 acre property based on the 10-acre exemption moratorium with the Douglas County Register of Deeds office. However, the owners were misinformed as the moratorium is for property outside of the UGA only.&nbsp; Property within the UGA must be rezoned to the A-1 District and platted prior to being divided for residential purposes. The applicant intends to sell two lots for residential purposes, resulting in three residential lots. Staff recommends approval of rezoning 39.67 acres from the A District to the A-1 District and forwards it to the Board of County Commissioners with a recommendation for approval based on the following findings of fact: </P> <P>Zoning and land uses of surrounding properties. The properties directly surrounding the subject property are zoning A (Agricultural) District. Rural residences are located directly north, south and east. To the south is Winterbourne Subdivision, a platted, A (Agricultural) zoned subdivision. The property is abutted to the west by woodlands. To the northwest of the subject property is a platted, A-1 (Suburban Home Residential) zoned subdivision, Fantini Acres.</P> <P>Character of the area. The area is characterized by a mix of agricultural uses, rural residences, and woodlands. While the area has a distinct rural character, the subject property is adjacent to several large-lot rural residences. The subject property is located at the western edge of the Urban Growth Area and is located within the Upper Wakarusa River Watershed. </P> <P>Suitability of subject property for the uses to which it has been restricted. The subject area is suitable for agricultural production due to its proximity to agricultural land uses and large-lot single-family residences; however, it is also suitable for low-density residential development due to its location within the Urban Growth Area and proximity to a platted subdivision, Winterbourne Subdivision. Rural Water District #1 has confirmed the availability of two new water meters for the two proposed residential lots, and a Water Supply Agreement will be required to be filed with the Register of Deeds office during the platting process. A septic system site evaluation will also need to be completed as a condition of the final plat.</P> <P>The adjacent roadway, N 1500 Road, is classified as a rural collector, according to the Douglas County Major Thoroughfares Map. The road is not a hard-surfaced road; however, a paved road, N 1600 Road, is located approximately 1/2 mile from N 1550 Road. Location and number of access points onto N 1550 Road will be evaluated with the forthcoming preliminary and final plats.</P> <P>The property is not encumbered by FEMA-designated floodplain, but is d&#160;s include significant tree coverage and is located within the Upper Wakarusa River Watershed. Methods by which to minimize the impact of residential development on the woodlands will be examined through the platting process. </P> <P>Length of time subject property has remained vacant as zoned. The property has been zoned A (Agricultural) District since the adoption of the 1966 Douglas County Zoning Regulations. A portion of the 39.67-acre property is improved with a single-family residence and accessory structure. The residence was constructed in 1944.</P> <P>Extent to which removal of restrictions will detrimentally affect nearby property. As the subject property is contiguous with a platted subdivision and large-lot residences, a rezoning of this property from the A (Agricultural) District to the A-1 (Suburban Residential) District to permit the development of two single-family residences would not detrimentally affect nearby properties. The retention of woodlands and the number of access points onto N 1550 Road will be evaluated with the platting process. </P> <P>Relative gain to the public health, safety and welfare by the destruction of the value of the petitioner’s property as compared to the hardship imposed upon the individual landowners. If the property retains its A (Agricultural) District designation, it would be able to function with any of the following permitted uses, among others: agriculture, hospital or clinic for large or small animals, commercial greenhouse, church, or school. Properties inside the UGA must be rezoned to the&nbsp; A-1 (Suburban Residential) District and platted for the division of land for residential purposes. The current 10-acre platting/rezoning exemption applies only to property outside the UGA.</P> <P>A rezoning of the property to the A-1 (Suburban Residential) District would provide little benefit to the public health, safety and welfare. However, as the subject area abuts a platted residential subdivision, Winterbourne Subdivision, and other large-lot residences, the rezoning of the property to the A-1 District for the development of two single-family residences should not detrimentally affect nearby properties. Granting the rezoning request would allow the property owner to divide the 40-acre property into three lots for residential purposes. One proposed lot includes an existing single-family residence.</P> <P>Conformance with the comprehensive plan. The rezoning request conforms to several Horizon 2020 goals and policies for residential development within the Urban Group Area. Specifically, the proposed lots are a minimum of three acres (14.4, 10, and 15.2 acres). The property is also adjacent to a platted subdivision and is located outside the FEMA-designated 100-year floodplain. Final approval of the rezoning request is contingent upon recordation of a final plat. As the undeveloped portions of the property are heavily wooded and the property is located within the Upper Wakarusa River Watershed, methods by which to minimize the impact of development will be examined with the platting process.</P> <P>Staff’s positive recommendation is subject to the following condition:<BR>1.&nbsp;Recording of a final plat prior to publication of the rezoning resolution.</P> <P>Jones moved to approve Z-11-29-06 with the condition of the recording of a final plat prior to publication of the rezoning resolution and noting that this item was in the process for approval prior to the adoption of the new subdivision regulations and therefore it is appropriate to rezone the tract of land located at 671 N 1550 Road with approximately 39.67 acres from A (agricultural) to A-1 (Suburban Home Residential District). The Board would like the applicant to work with Planning Staff and the Director of Public Works to limit access onto major roads to the maximum extent possible. Johnson seconded the motion and it carried unanimously.&nbsp; </P> <P><STRONG>PLANNING 01-17-07</STRONG> <BR>The Board considered CUP-08-07-06 for Fred’s Boat Storage. The plan proposes construction of a 60’ X 120’ building to expand existing boat storage. The property is located at 568 N 1800 Road. The application was submitted by George F. Roll, property owner of record. Mary Miller, Lawrence-Douglas County Metropolitan Planning Department, was present for the discussion. Staff recommends approval of a Conditional Use Permit for the construction of an additional building to expand existing boat storage and forwards it to the Douglas County Board of County Commissioners with a recommendation for approval and based upon the following findings of fact:</P> <P>Zoning and uses of property nearby. The area is zoned for agricultural use. The KTA right-of-way for the I-70 Turnpike is located to the south of the property. The surrounding area is zoned for agricultural use and includes primarily agricultural and rural residential uses. </P> <P>Character of the area. The area is agricultural and includes pasture land, rural residences and some wooded areas. The I-70 Kansas Turnpike lies 100 feet to the south of the property. The property is on N 1800 Rd, a dead-end gravel road, about 1000 feet west of a paved road, E 600 Rd. The property is located outside the Lawrence Urban Growth Area and is within 3 miles of the City of Lecompton.</P> <P>Suitability of subject property for the uses to which it has been restricted.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <BR>A Conditional Use Permit (CUP) d&#160;s not change the base, underlying zoning. The suitability of the property for agricultural or rural residential use will not be altered. The request is to construct another building to increase the storage capacity. The storage of boats is compatible with the allowed use the storage of agricultural equipment. </P> <P>Length of time subject property has remained vacant as zoned. The subject property is developed with a single-family house that will remain for residential use. The County Zoning was adopted in 1966, this property has been zoned “A (Agricultural)” since that adoption. </P> <P>Extent to which removal of restrictions will detrimentally affect nearby property. The amount of traffic generated should not have any detrimental effect on surrounding properties. The building must be screened from the public road to the south, as it is open storage. </P> <P>Relative gain to the public health, safety and welfare by the destruction of the value of the petitioner’s property as compared to the hardship imposed upon the individual landowners. The approval of the CUP for additional boat storage would neither harm nor benefit the public at large.</P> <P>Conformance with the comprehensive plan. The Comprehensive Plan recommends that uses in the rural area be limited to those compatible with agricultural uses and that the design should be consistent with the rural character. A Conditional Use Permit can be used to allow specific non-residential uses subject to approval of a site plan. This tool allows proportional development in harmony with the surrounding area. As recommended by Horizon 2020, the proposed request is consistent with the Comprehensive Plan. </P> <P>Staff’s positive recommendation is subject to the following conditions:</P> <P>Provision of a revised site plan to include the following changes: <BR>a.&nbsp;Note added that states “All Boat Storage must be stored entirely inside the buildings.”<BR>b.&nbsp;Note added that states “No non-agricultural storage is permitted outside the buildings.”<BR>c.&nbsp;Note added that states “This Conditional Use Permit replaces the previous permit [CUP-10-11-02] and will be re-evaluated by the County Commission in 5 years from the approval date and will expire in 10 years from the approved date. Continuation of the use beyond that date will require rezoning or approval of a new CUP.”<BR>d.&nbsp;Screening must be provided for the proposed building from the adjacent public road per Section 19-4(23) of the County Zoning Regulations.</P> <P>Jones moved to approve CUP-08-07-06 a Conditional Use Permit for Fred’s Boat Storage with the above listed conditions. McElhaney seconded the motion and it carried unanimously.</P> <P><STRONG>PLANNING 01-17-07</STRONG><BR>The Board considered item CUP-10-08-06 Conditional Use Permit for a light aircraft landing strip at 2142 N 300 Road. Application is submitted by Ray Vallejo, for Justin Johnson, property owner of record. Mary Miller, Lawrence-Douglas County Metropolitan Planning Department, was present for discussed. Miller stated the Planning Commission voted 6-2 for approval of the airstrip at the December 19, 2006 meeting. Staff recommends denial of a Conditional Use Permit for a private landing strip and forwards it to the County Commission with a recommendation for denial, based on the findings of fact:</P> <P>Zoning and uses of property nearby. The property is located on the south side of N 300 Road a little more than 3 miles east/northeast of Baldwin City. The area is zoned A for agricultural use and includes both rural residences and agricultural uses. </P> <P>Character of the area. The character of the area is a rural-residence/agricultural mosaic which includes pasture land, cultivated fields, large-lot rural residences, and scattered wooded areas. </P> <P>Suitability of subject property for the uses to which it has been restricted.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; A Conditional Use Permit d&#160;s not change the base, underlying zoning. The suitability of the property for agricultural or rural residential use will not be altered. The 30-acre property is developed with a single-family home and an accessory building which is proposed to be used as a storage shed and hangar. The A District allows numerous uses, including agricultural uses and single-family dwellings. This property is suitable for most of the uses permitted in the A zoning district.</P> <P>Length of time subject property has remained vacant as zoned. The subject property is developed with a single-family house that will remain for residential use. The County Zoning was adopted in 1966, this property has been zoned “A (Agricultural)” since that adoption. </P> <P>Extent to which removal of restrictions will detrimentally affect nearby property. This is to be a private airstrip for the use of the property owner only, and will not generate additional traffic. The airstrip’s proximity to residential structures may constitute a safety hazard. The noise generated from the airstrip in such a residential area may be unacceptable. </P> <P>Relative gain to the public health, safety and welfare by the destruction of the value of the petitioner’s property as compared to the hardship imposed upon the individual landowners. Approval of the Conditional Use Permit would not directly or indirectly benefit the community. The approval may negatively impact the area by altering the rural character of the area and may also pose a safety hazard for the neighboring residences.</P> <P>Conformance with the Comprehensive Plan. Horizon 2020 d&#160;s not directly address the issuances of CUPs for private landing strips. The comprehensive plan d&#160;s discuss Lawrence Municipal Airport and the need to keep its airspace free from encroachment. This private airstrip will not encroach on the Municipal Airport’s airspace. </P> <P>Miller commented that the recommendation of denial was based on the land use pattern in the area and the proximity of residential structures to the landing strip. Miller also stated that at the Planning Commission meeting, several surrounding property owners expressed support of the airstrip and consider it an amenity to their property. </P> <P>Johnson questioned whether the plans have been submitted to the FAA. Miller stated the form has been submitted, but the FAA has not made a determination. </P> <P>Jones asked Miller to expand her answer on why Staff recommended denial of the airstrip. Miller responded that she recommended denial because the area consists of properties on five and six acre parcels surrounding the airstrip. It appears that the airstrip would be a negative impact on the rural character of the area, which is why most people would move to that part of the area. The noise would be a concern. Also, the closeness of the houses to the airstrip appears to be unsafe. Jones requested more information regarding the commitment made to the neighbors in regard to the airstrip. Miller stated that she knows of no agreement of contract or joint ownership that would ensure that the neighbors have continued benefit of the airstrip. </P> <P>McElhaney questioned how many airstrips there are in Douglas County. Keith Dabney, Director of Zoning, stated there are four or five. McElhaney directed staff to provide a location map showing all airstrips in Douglas County.&nbsp; </P> <P>Curtis Holland, attorney for applicants Justin and Penny Johnson, stated that Justin Johnson is a developer and home builder and has developed a number of subdivisions in Johnson County. His property in question is on a 30 acre tract of land. His hobby is in aviation where he flies only 1-2 times per month. Holland acknowledges the airstrip has a duel use as a driveway that is long enough and wide enough to use as an airstrip. Holland stated the owner was not aware a permit was required for the use of an airstrip. All surrounding parcels are 10-12 acres except one, which is a 6-acre tract and the Johnsons also own 180 acres to the south. In response to Miller’s safety concerns, Holland provided examples of other airstrips near residential structures. Holland stated the neighbors were informed of the airstrip prior to purchasing their property.&nbsp; The surrounding neighbors signed a petition in support of the airstrip. Holland described Justin Johnson’s airstrip as over 2000 linear feet in length, 25 foot wide and made of a hard surface which he feels increases the safety factor.</P> <P>Justin Johnson, property owner, stated he would not be landing at night. Most accidents do not happen on rural airstrips. He referenced the Vinland Municipal Airport and that there are houses in closer proximity to that airport’s airstrip.</P> <P>Johnson questioned whether the forms were filed with FAA prior to construction. Justin Johnson responded that the FAA has had the forms for 18 months and will not approve the airstrip but rather notify them if the airstrip is conflicting, or interferes with other airspace. </P> <P>Johnson opened for public comment. </P> <P>Sharon Kiely, neighbor to the west, stated she was aware of the airstrip before purchasing her property. She was told her family may be able to fly in and use the strip with the airstrip owner’s permission, but d&#160;s understand the strip is private. She is not concerned with the noise. </P> <P>Charles Tippie, Overland Park Police Pilot, spoke in regard to a letter he wrote to the Board, per Justin Johnson’s request, stating his opinion on the safety issue.&nbsp; According to Tippie, insurance premiums do not increase if you live next to an airstrip. He also stated in his opinion the airstrip will not get a lot of use. </P> <P>Ron Keplinger, 2440 N 300 Road, Wellsville, KS, stated support of the airstrip. </P> <P>Jim Kiely, neighbor, stated support of the airstrip.</P> <P>Jones made a motion to close the public hearing. McElhaney seconded and the motion carried 3-0. </P> <P>Johnson asked Keith Dabney, Director of Zoning and Codes, to share with the Board the history of this CUP application. Dabney stated that during the construction process, the County got a call on a plane landing. Once it was determined that the property owner was landing a plane, notice of a CUP requirement was sent to the property owner. Dabney also found that the building where the airplane was being stored was constructed pursuant to a building permit issued for an accessory building, not for an airplane hangar. Thereafter, Justin Johnson, Holland, Commissioner Johnson, and Dabney met to discuss the permit process. The property owner did shortly thereafter apply for a CUP. Right now, the building is not in compliance with the permit issued because the building permit was for an accessory building, not an airplane hangar. The building would be required to meet applicable conditions of the building code. </P> <P>Johnson asked if Holland would like to respond to the comments made by Dabney. <BR>Holland responded that what Dabney said was correct. There was a misunderstanding of what the term “commercial” meant.&nbsp; He stated the hangar would also be used for general storage. The applicant is not using it today because of the need for a CUP. </P> <P>Johnson commented that this is a case where if the applicant had originally indicated the use for the building as a hangar, there would have been an immediate time out for the proper permit process. Johnson stated he will not vote for in favor of the airstrip when the Planning Staff recommends denial for safety reasons. If the safety concerns can be addressed, the applicant can reapply through the Planning Staff and the item can come back to the Board. At that time, Johnson stated he would probably reconsider.</P> <P>Jones commented the Board has to approve proposals that have the promise of enduring over time successfully.&nbsp; So much is contingent upon the homeowners and their understanding of how this particular landowner is going to use his property. Jones stated the area is primed for growth from the east towards Baldwin. Some of the other landowners might be OK with Mr. Johnson’s intended flight pattern, but that can change. Jones d&#160;sn’t feel this agreement will maintain a good relationship with all landowners and it may create a problem for future commissions.</P> <P>McElhaney stated he would vote for the airstrip. He commented there are several airstrips in the southern part of Douglas County and d&#160;sn’t think the safety issues or the development issues are concerns. McElhaney agrees Justin Johnson went about the process backwards, and his intentions should have been brought to the County’s attention, but feels the property owner made a good faith effort. </P> <P>Jones made a note to revisit some of the existing strips that are not properly permitted. Jones directed Planning Staff to work on appropriate standards regarding setbacks, easements, and length and width of airstrips for future direction.</P> <P>Holland addressed the comments made by Commissioner Johnson and suggested meeting with Staff to discuss safety issues. Holland stated Miller did not have the benefit of the photos he presented to base her decision before writing the Staff Report. Holland suggested a continuance on the application.</P> <P>Jones objected to the response that Holland’s intention was to reframe the CUP request. The process is meant to be deliberative. To change the content after the review process defeats the purpose of the review process. Jones suggested Holland go back and revisit the issues and make some adjustments, but the CUP request should be denied and that the process should begin again with new content.<BR>Commissioner Johnson asked Miller if a new application can be filed tomorrow, if appropriate. Miller responded that she believed the county zoning regulations would allow a successive application if there was a change from the original application.” </P> <P>Jones made a motion to deny the request for CUP-10-08-06.&nbsp; Johnson seconded the motion and it carried 2-1 with McElhaney in opposition.&nbsp; </P> <P><STRONG>PLANNING 01-17-07</STRONG><BR>Mary Miller, Lawrence-Douglas County Metropolitan Planning Department, presented to the Board for consideration item TA-08-08-06, Revisions to Article 19, including mini-storage as use permitted with a Conditional Use Permit. On December 19, 2006, the Planning Commission instructed Staff to revise the condition based on public comment. A revised edition was provided to the Board for discussion. </P> <P>Tim Herndon, Landplan Engineering representing owner of Clinton Cove, stated in review of the text amendment, he noticed a discrepancy in the road classification system. The major thoroughfare map, provided with Transportation 2025, d&#160;s not feature “major collector” as a road classification on any road in Douglas County. He requests an editorial revision to delete the term “major” under Section 34-2 of the proposed amendment. </P> <P>Keith Browning, Director of Douglas County Public Works, agreed that there was inconsistency with the road classifications between the text and maps in T2025.</P> <P>Johnson moved to approve TA-08-08-06 Revisions to Article 19 including mini-storage as use permitted with a Conditional Use Permit and have language read under Section 34-2 “Must be located on, and take direct access from a paved road classified as ‘collector’, or higher.” Jones directed Staff to review documents for consistency and empowered them to make needed editorial changes. The motion was seconded by Jones and carried unanimously.&nbsp; </P> <P><STRONG>ACCOUNTS PAYABLE 01-17-07</STRONG><BR>Jones moved to approve accounts payable in the amount of $600,968.57 to be paid on 01/16/07, payroll in the amounts of $687,561.06 to be paid 12/15/06 and $707,524.46 to be paid on 12/29/06; payroll for November poll worker in the amount of $220.00 to be paid on 12/16/06; electronic transfers for FICA in the amounts of $49,733.74 to be paid on 12/22/06 and $52,044.76 to be paid on 01/05/07; KPERS in the amounts of $52,735.02 to be paid on 12/22/06 and $58,033.33 to be paid on $01/05/07; and a wire transfer in the amount of $468,504.70 to be paid on 01/17/07. The motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>APPOINTMENT 01-17-07</STRONG><BR>McElhaney moved to approve Chris Cheek, representing Lecompton Township, and Charles Garzillo, representing Willow Springs Township, to the Douglas County Fair Board for one-year terms expiring in January 2008. Each member is eligible for six one-year terms. The motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>APPOINTMENT 01-17-07</STRONG><BR>Johnson moved to approve Dr. Bruce Liese, Lecompton, to the ECO2 Commission for a four-year term that commenced July 2006, replacing the position held by Mark Gonzales. The motion was seconded by McElhaney and carried unanimously.</P> <P>Johnson moved to adjourn the meeting. The motion was seconded by Jones and carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member</P>

<P><BR>Johnson called the meeting to order at 8:25 a.m. on Monday, January 22, 2007 with two members present. Elhaney was absent.</P> <P>Johnson moved to approve the minutes of January 8, 2007, which includes the Findings of Fact and Conclusion of Law. The motion was seconded by Jones and carried 2-0.</P> <P><STRONG>CONSENT AGENDA 01-22-07</STRONG><BR>Johnson moved approval of the following Consent Agenda:</P> <P>&#9658; Approve annual renewal of a radio maintenance contract with Motorola Inc. for 2007 in the amount of $24,092.48 and authorized of the Director of Emergency Communications to execute the contract and payment voucher; and<BR>&#9658; Approve authorization for staff to access the State contract with Diamond Pharmacy for prescriptions for inmates.<BR>&nbsp; <BR>The motion was seconded by Jones and carried 2-0.</P> <P><STRONG>ACCOUNTS PAYABLE 01-22-07</STRONG><BR>Jones moved to approve payroll in the amount of $352,801.43 to be paid on 01/22/07. The motion was seconded by Johnson and carried 2-0.</P> <P>Johnson moved to adjourn the meeting. The motion was seconded by Jones and carried 2-0</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member</P> <P>ATTEST: </P> <P>_____________________________&nbsp; <BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp; <BR></P>

<P><BR>Johnson called the District Judges/Board of County Commissioners meeting to order at 8:20 a.m. on Wednesday, January 24, 2007 with two members present. McElhaney was absent. District Judges present include: Murphy, Kittel, Six, Martin and Fairchild; others present: Craig Weinaug, County Administrator; Pam Madl, Assistant County Administrator; and Linda K&#160;ster-Vogelsang, Court Administrator. </P> <P>The following items were discussed:</P> <P>-&nbsp;Pam Madl, Assistant County Administrator, briefly described the renovation project of the courthouse and answered questions.</P> <P>-&nbsp;Future space for the Judicial Law Enforcement departments and parking needs.</P> <P>-&nbsp;Jones suggested that it might be time to do another comprehensive space study for County needs. </P> <P>-&nbsp;Judge Fairchild informed the Commissioners that the courts use of Spanish interpreters has increased dramatically. The possibility of hiring a full-time Spanish Interpreter for the County was discussed.</P> <P>-&nbsp;Judge Fairchild updated the Commissioners on the Homeland Security evaluation of the Judicial Law Enforcement building, jail and old courthouse. </P> <P>-&nbsp;Judge Fairchild complimented Sheriff McGovern on the reentry programs that he is initiating.</P> <P>Johnson moved to adjourn the meeting at 9.00 a.m. The motion was seconded by Jones and carried 2-0. </P> <P>&nbsp;</P> <P>__________________________&nbsp;&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Charles Jones, Member</P> <P>ATTEST:</P> <P>__________________________&nbsp; <BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;<BR></P>

<P>&nbsp;</P> <P>Johnson called the meeting to order at 6:38 p.m. on Wednesday, January 31, 2007 with all members present.&nbsp; The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 01-31-07<BR></STRONG>Jones moved approval of the following Consent Agenda:</P> <P>&#9658; Approve findings document and Quit Claim Deed of Lone Star property to Jill Lisher (a/k/a Bessie Corrine Lisher) and Raeburn Lisher, Trustees of the Corrine Lisher Living Trust; and <BR>&#9658; Approve request from KLM Marketing Solutions for the use of Lone Star Lake and Marina for the 3rd Annual Midwest Mayhem Triathlon.</P> <P>The motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>FAIRGROUNDS &amp; 4-H FOUNDATION 01-31-07</STRONG><BR>Trudy Rice, Douglas County Extension Director, gave a presentation to the Board from the Douglas County 4-H Foundation sharing preliminary thoughts for the construction of the new 4-H Building, donated by the Dreher Estate funds, naming a building committee, a proposed timeline and long range planning for the fairgrounds in general. McElhaney suggested the 4-H Foundation involve the Master Gardner’s organization on the landscaping and design work on the new building. </P> <P>Jones asked to see an estimate of the projected operating costs for the new building and an adjustment be made to the time line to include final approval of design and location by the Board.&nbsp; </P> <P>Jones moved to approve signing a letter to the Helen Dreher Estate and the Douglas County 4-H Foundation to acknowledge the Douglas County Commission’s commitment to maintenance and care for the facility and moved to appoint Commissioner McElhaney and Pam Madl, Assistant County Administrator, to serve on the Building Committee as representatives of Douglas County. The motion was seconded by Johnson and carried unanimously.&nbsp; </P> <P><STRONG>APPOINTMENT 01-31-07</STRONG><BR>McElhaney moved to appoint John Hale, Lawrence, to the Douglas County Fair Board representing Kanwaka Township for a one-year term to expire January 2008, replacing Richard Ice. Jones seconded and the motion carried unanimously.&nbsp; </P> <P><STRONG>PUBLIC WORKS &amp; PETITION 01-31-07</STRONG>&nbsp; <BR>Keith Browning, Director of Public Works, brought a petition to the Board for consideration for improvements to N600 Road. The petition calls for capital improvement to the road, reconstructing to County standards with an aggregate base and a chip sealed roadway surface. The petition requests the initial costs of construction, engineering, rights-of-way and easement acquisition, utility relocations, and all other costs associated with the roadway improvements, excluding construction costs for replacing the existing culvert within the Route 1055 right-of-way, be assessed according to percentages set forth in the petition with annual payments over a period of twenty years. The cost to maintain the half-mile stretch of road is approximately $4,000 per year. Jones moved to open a public hearing for the purpose of receiving written or oral objections for the consideration of a petition for a Road Benefit District for N600 Road. The motion was seconded by Johnson and carried unanimously.</P> <P>One Douglas County resident stated he is not for or against the improvements, but questioned if new land is developed in the area, is the developer responsible for the improvement debt. Browning responded that if any current property in the district subdivides, the land assessments would be prorated into new parcels based on land area as outlined in Exhibit A of the Resolution 07-08, creating the benefit district.</P> <P>Christopher Delaney, Douglas County resident, stated he is not for or against the improvements but questioned what is included in the $235,000 preliminary cost and if that is a concrete figure. Browning explained that there is specific language in the resolution that outlines the steps in the improvement process. The Department of Public Works is subject to project authorization contingencies such as if, following the preparation of preliminary construction plans, construction costs are likely to exceed the estimated construction costs by more than 10%, Public Works will not continue without holding a public hearing before the Board. The same process will apply following the preparation of final construction plans and the bid opening. The $235,000 preliminary cost estimate is only for construction, not for relocating utilities, engineering, or right-of-way costs. There could be additional costs involved.&nbsp; </P> <P>Jones moved to close the public hearing. Johnson seconded the motion and it carried unanimously.</P> <P>Jones then moved to approve Resolution No. 07-08, a resolution creating N600 Road Benefit District within Douglas County, Kansas; authorizing the making of certain improvements therein, and setting forth the general nature of the improvement, the estimated or probable costs thereof and the method of assessment. The motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PUBLIC WORKS 01-31-07</STRONG><BR>Keith Browning, Director of Public Works, discussed the bids opened on January 23, 2007 for the rehabilitation of the Kansas River Bridge at Lecompton. Three bids were received. The low bid of $2,518,322.32 from A.M. Cohron &amp; Son, Inc. is 1.8% higher that the engineer’s estimate of $2,474,065.50. The Board is allowed to award a contract for up to 10% over the engineer’s estimate. </P> <P>McElhaney volunteered to be the commissioner that would be the staff contact for the project, and the Commissioners agreed. </P> <P>Jones moved to award the contract for the rehabilitation of the Kansas River Bridge at Lecompton, Project No. 2005-11, to the low bidder, A.M. Cohron &amp; Son, Inc., in the amount of $2,518,322.32 and authorized the Public Works Director to approve change orders totaling up to 5% of the contract amount. The motion was seconded by Johnson and carried unanimously. </P> <P><STRONG>PUBLIC WORKS 01-31-07</STRONG><BR>The Board discussed bids for crushed rock aggregates used for road maintenance. Keith Browning, Director of Public Works, stated that sealed bids were opened on December 27, 2006, and two bids for AB-3 aggregate; one bid for SS-3 aggregate, and an alternate bid for Road Rock were submitted. After discussion, Johnson moved to accept the following bids: Hunt Martin for the supply of AB-3 @ $4.50/ton and for the supply of SS-3 @ $5.00/ton, all from Globe Quarry; and also accept the bid from Hamm Quarries, Inc, for the supply of AB-3 @ $5.75/ton and road rock @ $7.25/ton, all from Harrell Quarry. Jones seconded the motion and it carried unanimously. </P> <P><STRONG>PUBLIC WORKS 01-31-07</STRONG><BR>Keith Browning, Director of Public Works, discussed the consideration of making available a Dust Palliative Program for 2007 for county residents living adjacent to rock roads.&nbsp; Jones moved to approve the continued brokerage of a dust palliative program with an up front user fee of $1.30/linear feet ($0.70/l.f. for dust palliative material and an additional $0.60 l.f. user fee to cover approximately 1/2 of road preparation costs), plus an administrative fee of $45.00 per location; and authorized the Director of Public Works to treat 1140 linear feet of roadway on route 1039 south of the town of Lone Star, two sections of E 1750 Road north of Route 460 (1300 l.f.), and Route 458 from E 1 Road to E 100 Road due to safety concerns of limited visibility (5280 l.f.) The Board also authorizes the Director of Public Works to advertise for bidders once the application process has been completed. The motion was seconded by McElhaney and carried unanimously. </P> <P><STRONG>ACCOUNTS PAYABLE 01-31-07</STRONG><BR>Jones moved to approve manual checks in the amounts of $1,730.70 to be paid on 01/29/07; and a wire transfer in the amount of $492,286.25 to be paid on 01/31/07. The motion was seconded by McElhaney and carried unanimously. </P> <P><STRONG>MISCELLANEOUS 01-31-07</STRONG><BR>At 7:50 p.m., Johnson moved that the Board recess into executive session for 20 minutes with Craig Weinaug, County Administrator; Pam Madl, Assistant County Administrator; and Kenny Massey, Deputy Sheriff. McElhaney seconded the motion and it carried unanimously. The Board returned to regular session at 8:10 p.m.&nbsp; The executive session for personnel was deferred to Monday, February 5, 2007.</P> <P>Jones moved to waive the formal bid process for the Sheriff’s Department to purchase an upgrade to the security system from the equipment reserve fund in an amount not to exceed $30,000. The motion was seconded by McElhaney and carried unanimously.</P> <P><BR>Johnson moved to adjourn the meeting. The motion was seconded by Jones and carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member</P>

<P><BR>Johnson called the meeting to order at 8:35 a.m. on Monday, February 5, 2007 with all members present. </P> <P><STRONG>CONSENT AGENDA 02-05-07</STRONG><BR>McElhaney moved approval of the following Consent Agenda:</P> <P>&#9658; Approve PF-12-32-06: Final Plat request for Wakarusa Farm Estates, located at 1273 E. 1900 Road. Submitted by David C. and Pamela W. Morrison, property owners of record. <BR>&#9658;Approve Annual Noxious Weed Management Plan Approval;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &#9658;Approve Annual Noxious Weed Eradication Progress Report 2006; and&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &#9658;Note receipt of fee reports for the month of December 2006</P> <P>The motion was seconded by Jones and carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 02-05-07</STRONG><BR>Jones moved to approve accounts payable in the amounts of $723,285.69 to be paid on 01/12/07 and $760,051.36 to be paid on 01/26/07; electron fund transfers in the amounts of $8,686.96 and $50,927.83 for KPERS to be paid on 01/19/07,and $61,171.26 to be paid on 02/02/07; and FICA in the amounts of $5,705.32, $23.98 and $47,623.87 to be paid on 01/19/07, and $56,146.23 to be paid on 02/02/07; and accounts payable in the amount of $512,022.04 to be paid on 02/05/07.</P> <P>The motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>APPOINTMENTS 02-05-07</STRONG><BR>McElhaney moved to approve to following appointments to the Douglas County Senior Services Board: Margo Gordon, Pat Parker, Janet Riley, and Debbie Walker as first two year terms expiring December 31, 2008; the reappointments of Lois Clark, Pattie Johnston and Eric Walther to second terms expiring December 31, 2008; and Dave Mattern, Cheryl Holcomb, Lori Heasty, and Fred Madaus to third terms expiring December 31, 2008. The motion was seconded by Jones and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 02-05-07</STRONG> <BR>Dorthea Jackson, Douglas County resident, suggested to the Board that public meetings be held for training on the new subdivision regulations with the use of examples for clarity. Jones initiated an implementation plan and requested that Linda Finger, County Consultant, prepare information to meet with key groups in the community.</P> <P><BR><STRONG>MISCELLANEOUS 02-05-07</STRONG> <BR>At 9:05 a.m., Johnson moved that the Board recess to executive session until 9:35 a.m. with Craig Weinaug, County Administrator and Pam Madl, Assistant County Administrator, to discuss personnel issues. Motion was seconded by Jones and carried unanimously. At 9:35 a.m., Craig Weinaug extended the executive session for an additional 30 minutes. At 10:05 a.m., the Board returned to regular session. No action was taken.</P> <P>Jones moved to adjourn; McElhaney seconded and the motion carried.</P> <P><BR>_____________________________ _____________________________<BR>Bob Johnson, Chairman Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Jamie Shew, County Clerk Charles Jones, Member</P>

<P><BR>Johnson called the meeting to order at 8:30 a.m. on Monday, February 12, 2007 with all members present. The Pledge of Allegiance was recited.</P> <P>Jones moved to approve the minutes of January 17, 2007 as amended, January 22, 2007, January 24, 2007 as amended, January 31 and February 5, 2007.&nbsp; The motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>CONSENT AGENDA 02-12-07</STRONG><BR>Charles moved approval of the following Consent Agenda:</P> <P>&#9658; Approve Commission Order No. 07-107, (on file in the office of the County Clerk); and<BR>&#9658; Approve Resolution No. 07-09 Relating to and Amending the Zoning Regulations for the unincorporated territory of Douglas County, Kansas.</P> <P>The motion was seconded by Johnson and carried unanimously.</P> <P>Item pulled from agenda:</P> <P><STRONG>PURCHASING &amp; PUBLIC WORKS 02-12-07</STRONG><BR>The Board considered the purchasing of three new GPS receiver units to replace three old and malfunctioning units purchased in 1998.&nbsp; Jackie Waggoner, Purchasing Director, and Michael Kelly, Douglas County Surveyor, were present for the discussion. </P> <P>McElhaney questioned how many years the new units are expected to last. Waggoner responded 6 to 10 years. </P> <P>Jones asked if the new systems are compatible with what the County is presently using and if the price is comparable to other brands.&nbsp; Kelly responded the systems are compatible and about $20,000 more. However, Trimble is a top-of-the-line product, more efficient then other products on the market, and used by the City. Public Works has the money in the budget to cover the equipment.</P> <P>Johnson moved to waive the formal bidding process and approved the purchase of GPS equipment in the amount of $78,503 from Seiler Instrument. Jones seconded and the motion carried unanimously.</P> <P><STRONG>MISCELLANEOUS 02-12-07</STRONG> <BR>John Drees, LMH, and Sergeant Wes Houk, Sheriff’s Department, made a presentation for Child Passenger Safety Week, February 11-17, 2007 to the Board on Safe Kids Douglas County regarding child passenger safety. Drees stated that 91% of Douglas County infants are restrained by car seats in vehicles. This is 8% above the state average of 83%. A new Booster Seat Law g&#160;s into effect on July 1, 2007 requiring all children between the ages of 4-8 years of age to ride in a booster seat. The Safe Kids organization educates Douglas County residents on proper child restraints, inspects car seats and through a grant with General Motors, supplies families with car seats who are financially unable to do so.&nbsp; </P> <P><STRONG>MISCELLANEOUS 02-12-07</STRONG> <BR>Marsha Goff, Chair of Jayhawk Area Agency on Aging (JAAA), made a presentation to the Board on the improvements made to the organization. JAAA is a federally mandated program that helps enable elderly individuals to stay in their homes as long as possible by supplying access to personal assistance. </P> <P><STRONG>SUBDIVISION REGULATIONS &amp; PLANNING 02-12-07</STRONG>&nbsp; <BR>Linda Finger, County Consultant, discussed the subdivision regulations implementation plan for scheduling meetings with surrounding cities, residents and key organizations. Finger asked for some clarification and direction on her tentative meeting schedule, and stated she would like to supply graphic examples with her discussions and also post them on a special website for all Douglas County residents to have access. </P> <P>Sheila Stogsdill, Acting Planning Director, discussed some of the types of questions the Planning Staff is fielding regarding the new regulations. She feels the Board may need to consider passing text amendments to solve some of the land issues that transpired due to the new regulations.<BR>&nbsp;. <BR>Jones requested that Staff prepare a one-page information handout to use at the implementation meetings. He also discussed Fingers role in assisting the Planning Staff in getting the information out to the community. The implementation plan should be an outreach education plan set in motion before the real estate market picks up in the spring. Other groups the Board would like to focus on include the Register of Deeds office, Ag Committee, the Chamber, and the Home Builders Association.&nbsp; </P> <P>The Board discussed setting up a work study session with the Planning Staff to review the land issues in question with the goal to authorize, when possible, Staff to make decisions.</P> <P><STRONG>APPRAISOR 02-12-07</STRONG><BR>Marion Johnson, County Appraiser, updated the Board on the property valuation process for 2007. Douglas County is the first county in the state to implement the new state required CAMA system. The average residential/commercial property value increase for 2007 will be less than 3%. Some 4,000 existing property owners will see a decrease in property value. Johnson stated the notices will be mailed on February 28, 2007 with a different format due to the new system. In the past, the notices showed the list of sales used to formulate the value of the property. The new system will not allow that information to print on the notices, however, the data is available through the Appraiser’s office.&nbsp;&nbsp; </P> <P><STRONG>PUBLIC WORKS 02-12-07</STRONG><BR>The Board reviewed the request for approval of bids for noxious weed herbicides. McElhaney requested to see a copy of all bids. Johnson moved to authorize Commissioner McElhaney to review the bids and approve the low bid as recommended by staff from Lone Pine AG-Services, Inc. in the amount of $84,699.75 for noxious weed herbicides. Jones seconded and the motion carried.&nbsp; Based on information received after the meeting, McElhaney approved the low bid.</P> <P><STRONG>ACCOUNTS PAYABLE 02-12-07</STRONG>&nbsp; <BR>Jones moved to approve accounts payable in the amount of $2,281,762.10 to be paid on 02/12/07. The motion was seconded by Johnson and carried unanimously.</P> <P>McElhaney moved to adjourn; Jones seconded and the motion carried.</P> <P><BR>_____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member<BR></P>

<P>&nbsp;</P> <P>Johnson called the meeting to order at 8:35 a.m. on Monday, February 26, 2007&nbsp; with all members present. The Pledge of Allegiance was recited.</P> <P>Jones moved to approve the minutes of February 12, 2007. The motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>CONSENT AGENDA 02-26-07</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <P>&#9658;&nbsp;Approved signature by McElhaney on Commission Order No. 07-108, (on file in the office of the County Clerk);<BR>&#9658;&nbsp;Approve Commission Orders Nos. 07-109, 07-110 and 07-111 (on file in the office of the County Clerk); <BR>&#9658; &nbsp;Approve Renewal Agreement for housing inmates in the Douglas County jail; <BR>&#9658;&nbsp;Approve bids for various signs, posts, and miscellaneous materials as recommended by Director of Public Works; and<BR>&#9658;&nbsp;Note receipts for January 2007, and additional receipts for October 2006, November 2006 and December 2006.</P> <P>The motion was seconded by McElhaney and carried unanimously.&nbsp; </P> <P><STRONG>MISCELLANEOUS 02-26-07</STRONG><BR>Paul Bahnmaier, President of the Lane Museum, gave a presentation on the history of the Lecompton Constitution and the role Lecompton played in the Civil War.</P> <P><STRONG>YOUTH SERVICES 02/26/07</STRONG><BR>The Board discussed the Fiscal Year 2008 funding application for the 7th Judicial District Juvenile Justice Authority Prevention/Intervention and Core Services. Pam Weigand, Director of Youth Services, was present for the discussion. Funding allocations requested are based on state approving the same funding for 2008 as was received for 2007 ($661,378.00).<BR>&nbsp;<BR>Johnson moved the approval of the 7th Judicial District Juvenile Justice Authority Prevention/Intervention and Core Services funding application for FY 2008 as follows: Prevention, $117,858.00; Intervention/Graduated Sanctions $64,898.00; and Core Service $478,622.00; totaling $661,378.00. Jones seconded and the motion carried unanimously.</P> <P><STRONG>POSSIBLE AGREEMENT WITH CITY OF EUDORA/EUDORA TOWNSHIP 02/26/07</STRONG><BR>The Board discussed the possibility of entering into an agreement with the City of Eudora and Eudora Township to provide on-call EMS services. Cheryl Beatty, City of Eudora Administrator; and Randy Ates, Chief of Eudora Fire Department, were present for the discussion. Under the proposed plan, which would be finalized with an Interlocal Agreement, the City of Eudora would assume management of the first responders for the Eudora City/Township area. </P> <P>Jones questioned who would be responsible for the replacement of vehicles. Craig Weinaug, County Administrator, stated that information would be defined in the contract. At this point, the City of Eudora is looking for interest by the County Commission and a direction to proceed with negotiations.</P> <P>Dan Gregg and Laurie Fritzel, City Council members for the City of Eudora, stated their support for the Eudora Fire Department to assume management of the first responders for the City of Eudora/Eudora Township. </P> <P>It was the consensus of the Board of County Commissioners direct staff to negotiate a contract with the City of Eudora to assume management of the EMS function for the Eudora City/Township area and to pay special attention to the dollar amount and liability involved. </P> <P><STRONG>AGREEMENT &amp; CITY OF EUDORA 02/26/07</STRONG><BR>The Board discussed the implementation of a Neighborhood Revitalization Plan for the City of Eudora. Cheryl Beatty, City of Eudora Administrator, was present for the discussion. The plan would create an incremental tax rebate program for residents and commercial property owners along a two-block section of Main Street and the side streets to the east and west in downtown Eudora. The plan is designed to improve the overall appearance of the community and promote revitalization and development in downtown Eudora, which will result in enhancing property values. The minimum investment for eligibility in order to receive a tax rebate for commercial or residential new construction or improvements to existing property would be $5,000.</P> <P>Jones questioned whether there is a plan to offset the truck traffic that may occur through Eudora when a new I-70 off-ramp is built north of Eudora and whether any new waterline and street improvements will have to be torn out to accommodate preparation for the additional traffic downtown. Beatty stated the City is aware of the need for long-term planning to identify potential by-pass routes. </P> <P>McElhaney moved to authorize the Chair of the County Commission to execute the Neighborhood Revitalization Program, City of Eudora Downtown Improvement Project Interlocal Agreement. The motion was seconded by Jones and it carried unanimously. Jones directed the County Administrator and Staff to begin negotiations for an agreement regarding transportation planning for the City of Eudora and Eudora Township with the intention of providing some County assistance. </P> <P><STRONG>ACCOUNTS PAYABLE 02-26-07&nbsp; <BR></STRONG>Jones moved to approve accounts payable in the amounts of $226,446.71 to be&nbsp; paid on 02/19/07and $209,962.24 to be paid on 02/26/07; and a wire transfer in the amount of $33,531.31 to be paid on 02/28/07. The motion was seconded by McElhaney and carried unanimously.</P> <P><BR><STRONG>MISCELLANEOUS 02-26-07</STRONG><BR>Dorothy Jackson, Douglas County resident, commented that she attended the new subdivision regulations training meeting conducted by Linda Finger, County Consultant, with representatives for the Mid-America Bank, in Baldwin City and that the meeting was successful. </P> <P><STRONG>MISCELLANEOUS 02-26-07<BR></STRONG>At 10:15 a.m., Johnson moved that the Board recess into executive session for&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <BR>30 minutes to discuss personnel. McElhaney seconded the motion and it carried unanimously. The Board returned to regular session at 10:37 a.m. No action was taken.</P> <P>McElhaney moved to adjourn; Jones seconded and the motion carried.</P> <P><BR>_____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp; Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member</P>

<P>Johnson called the meeting to order at 3:12 p.m. on Thursday, March 1, 2007 with two members present. McElhaney was absent. Planning Staff, lead by Sheila Stogsdill, Acting Planning Director, made a presentation to the Board on the new subdivision regulations. </P> <P>Johnson moved to adjourn; Jones seconded and the motion carried.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp; <BR>Jamie Shew, County Clerk&nbsp;&nbsp;<BR></P>

<P></P> <P>Johnson called the meeting to order at 10:08 a.m. on Friday, March 2, 2007. Commissioner Jones was absent. The purpose of the Special Meeting was to canvas the results of the primary general election which was held on February 27, 2007. In the absence of Commissioner Jones, Johnson moved to appoint Kay Pesnell, Douglas County Register of Deeds, to serve as the third canvasser. McElhaney seconded the motion and it carried.</P> <P>McElhaney moved to accept the tabulation totals as recommended by the County Clerk’s office. The motion was seconded by Johnson and carried.</P> <P>There were 105 provisional ballots. Jamie Shew, County Clerk, broke the provisional votes into the follow categories:</P> <P><BR>Recommended to Count Elec Day Advance Totals<BR>Change of address 40 8 48<BR>Advance mailed, but not returned 3 0 3<BR>Name Change 6 0 6<BR>Pollworker or Clerk’s error 9 0 9<BR>Wrong Precinct - all races same 21 0 21<BR>Too late to reach poll location 1 0 1<BR>Total 80 8 88<BR><BR>Recommended Not to Count Elec Day Advance Totals<BR>Not Registered in Douglas County 9 1 10<BR>Voted after close of in-person Advance 0 1 1<BR>Registered in other county 3 0 3<BR>No Signature 0 3 3<BR>Total 12 5 17<BR><BR><BR>Total Not to Count 17 <BR>Total Provisional Ballots 105 </P> <P><BR>McElhaney moved to count eighty-eight (88) provisional ballots as recommended by Shew. The motion was seconded by Pesnell and carried unanimously.</P> <P>It should be noted that after the additional ballots were counted, the election outcome was not changed. </P> <P>No errors were found.</P> <P>Johnson moved to adjourn the meeting; McElhaney seconded and the motion carried.</P> <P><BR>_____________________________ _____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Kay Pesnell, Register of Deeds <BR></P>

<P>Johnson called the meeting to order at 8:35 a.m. on Monday, March 5, 2007 with all members present. </P> <P>Jones moved to approve the minutes of February 26, 2007 as amended. The motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>CONSENT AGENDA 03-05-07</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <P>&#9658;&nbsp;Approve Commission Orders Nos. 07-112 (on file in the office of the County Clerk); and<BR>&nbsp;&#9658; &nbsp;Authorize Notice to Townships for cereal malt beverage licenses to Clinton Marina and Clinton Store</P> <P>The motion was seconded by McElhaney and carried unanimously.&nbsp; </P> <P><STRONG>PLANNING 03-05-07</STRONG><BR>The Board discussed SP-02-05-07, Harrell Quarry #53, a site plan for the construction of a 100 square foot scale house at 631 N 950 Road. The application was submitted by Ramon Gonzalez for N.R. Hamm Quarry, Inc., the property owner of record. The 108-acre property is located on the southwest corner of the intersection of N 950 Road and E 650 Road. The surrounding property is predominately used for agriculture and rural residences with a small area zoned B-3 (Limited Commercial) District to the west. A Conditional Use Permit was approved for the operation of a quarry at this location in 1975. The quarry is in compliance with the requirements placed on the Conditional Use Permit and the scale house is intended to enhance the security at the site and provide more accurate means of weighing the product. The applicant was unaware a site plan was required and therefore, the scale house has been constructed.</P> <P>Jones moved to approve site plan SP-02-05-07. The motion was seconded by McElhaney and carried unanimously. </P> <P><STRONG>APPOINTMENT 03-05-07<BR></STRONG>Jones moved to appoint Martha Skeet, Lawrence, to the Jayhawk Area Agency on Aging Board of Directors, replacing Kathy Donner and filling the remainder of the three-year term to expire 09/30/07.&nbsp; McElhaney seconded and the motion carried <BR>unanimously.&nbsp; </P> <P><STRONG>PURCHASING 03-05-07</STRONG><BR>The Board considered approval to purchase an 821E Articulated Wheel Loader for Public Works to replace a 1992 Case 621 model, which will be sold online or through an auction service. Jackie Waggoner, Director of Purchasing, was present for the </P> <P>discussion. The State of Kansas awarded a contract in 2006 to Victor L. Phillips, authorized dealer, and Case, manufacturer, for the loader. Both the dealer and manufacturer have agreed to honor the price of the 2006 contract. Public Works has allocated funds available in the Equipment Reserve fund. After discussion, Jones moved to authorize accessing the State of Kansas 2006 contract to purchase a wheel loader in the amount of $143,305 and authorized the sale of the used equipment.&nbsp; The motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PURCHASING 03-05-07</STRONG>&nbsp; <BR>The Board considered approval to purchase five (5) 2007 patrol cars for the Sheriff’s office. Jackie Waggoner, Director of Purchasing, was present for discussion. Five patrol cars will be disposed of by selling online or through an auction service. Last year the County participated in a regional cooperative bidding process (KCRPC) for the acquisition of 2007 vehicles. We can continue to purchase from the contracts until the manufacturer’s production cutoff date. The awarded dealership is Shawnee Mission Ford. The total purchase price of the Ford Crown Victoria Policy Interceptor vehicles is $106,402. It should be noted that it will cost approximately $3,000 per patrol car to be equipped for the road. After discussed, Jones moved to approve the purchase of five (5) patrol cars from Shawnee Mission Ford in the amount of $106,402 and authorized the sale of the used vehicles. The motion was seconded by McElhaney and carried unanimously. </P> <P><STRONG>AGREEMENT &amp; RHODE ISLAND LOTS 03-05-07</STRONG><BR>The Board discussed a possible ground lease option agreement for the County owned Rhode Island Lots 122, 124, 126 and 128 on Rhode Island Street in the City of Lawrence. For a number of years, the lots and single residence have been empty. The Option Agreement gives Tenants to Homeowners, Inc. a 12-month option to enter into a long-term ground lease for the construction of affordable housing. Rebecca Buford, Director of Tenants to Homeowners, Inc., and Evan Ice, County Counselor, were present for the discussion. During the 12-month option period, Tenants to Homeowners will perform due diligence to determine the feasibility of renovating or demolishing the existing residence, building additional residences and obtaining financing. Ice addressed two key issues to the Board regarding the agreement: 1) The agreement would give Tenants to Homeowners the use of the land with no fees, and 2) The County would be obligated for the demolition of the house at 1120 Rhode Island if it can not be salvaged. </P> <P>Johnson asked for public comment.</P> <P>Dennis Brown, representing Lawrence Preservation Alliance, stated his interest in the project and the possibility of restoring the residence located at 1120 Rhode Island. If it is not feasible to restore the building, Brown stated his intent is to go to the City along with the Tenants to Homeowners, Inc. to request the building be torn down for new construction. </P> <P><BR>James Dunn, 936 Kentucky Street, stated he would prefer to see the property used as mixed-income housing as opposed to low income housing and stated concerns regarding the cost to County to purchase back the buildings at market value in&nbsp;the future. </P> <P>After discussion, Jones made a motion to grant Tenants to Homeowners, Inc., the 12-month option period to explore the construction of homes for lots 122, 124, 126 and 128 on Rhode Island Street in Lawrence, Kansas with the full understanding that by granting this option, Douglas County is obligated to commit to a long-term lease agreement if Tenants to Homeowers can secure the financing for the project and can meet compliance issues. The motion was seconded by McElhaney and carried unanimously. </P> <P>Johnson requested that the Tenants to Owners keep the County Commission informed through the County Administrator of the final approved renderings.</P> <P><STRONG>ACCOUNTS PAYABLE 03-05-07&nbsp; <BR></STRONG>Jones moved to approve accounts payable in the amount of $999,687.43 to be paid on 03/05/07; manual checks in the amounts of $335.42 to be paid on 02/26/07 and $66.72 to be paid on 03/01/07; and KPERS in the amounts of $57,382.66 to be paid on 02/16/07 and $58,338.87 to be paid on 03/02/07; and FICA in the amounts of $51,463.38&nbsp; to be paid on 02/16/07 and $53,021.46 to be paid on 03/02/07. The motion was seconded by McElhaney and carried unanimously. </P> <P><STRONG>MISCELLANEOUS 03-05-07</STRONG><BR>Johnson commented on the success of the rural development meeting held on March 1, 2007. Jones stated he felt several key issues were addressed and suggested that the Board and Planning Staff should have a meeting soon on the new road frontage requirements. </P> <P><STRONG>MISCELLANEOUS 03-05-07</STRONG><BR>At 9:28 a.m., Johnson moved that the Board recess into executive session for 30 minutes to discuss personnel. Jones seconded the motion and it carried unanimously. The Board returned to regular session at 9:45 a.m. Based on performance review and satisfaction of the Board of County Commissioners, Johnson moved to amend the County Administrator’s employment agreement, effective March 23, 2007, to reflect a 4% increase in employee deferred compensation of his base salary and for the compensation to be contributed directly to the County Administrator’s ICMA 457 plan. Salary amount is to remain unchanged and payment is in addition to employee’s other salary and compensation. The motion was seconded by Jones&nbsp; and carried unanimously.</P> <P><BR>McElhaney moved to adjourn; Jones seconded and the motion carried.</P> <P><BR>_____________________________&nbsp;_____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member</P>

<P>McElhaney called the meeting to order at 8:35 a.m. on Monday, March 12, 2007 with two members present. Johnson was absent. </P> <P><STRONG>CONSENT AGENDA 03-12-07</STRONG><BR>McElhaney moved approval of the following Consent Agenda:</P> <P>&#9658;&nbsp;Approve Commission Orders Nos. 07-113, 07-114 and 07-115&nbsp;(on file in the office of the County Clerk);<BR>&#9658;&nbsp;Approval to solicit bids for pavement marking services Project No. 2007-7;<BR>&#9658;&nbsp;Approve PF-01-01-07, a Final Plat for Midnight Farm Addition, located on the NW corner of E 2100 Road and N 600 Road. Submitted by Landplan Engineering, P.A., for Community Living Opportunities, property owner of record; and <BR>&#9658;&nbsp;Approval to solicit bids for supply of asphaltic concrete mix for the 2007 maintenance season.</P> <P>The motion was seconded by Jones and carried unanimously.&nbsp; </P> <P>Jones moved to approve the minutes of March 1, March 2 and March 5, 2007. The motion was seconded by McElhaney and carried.</P> <P><STRONG>MISCELLANEOUS 03-12-07</STRONG> <BR>Jones suggested that Keith Browning, Director of Public Works, contact KDOT&nbsp;to inquire about having the speed read-out trailer posted near Midland Junction to draw attention to that stretch of road and the Board’s desire for safety in that area. Browning responded he will follow-up with KDOT regarding the speed read-out trailer. He also reported that KDOT has installed delineators at the Midland Store&nbsp;&nbsp;&nbsp; to control access and that KDOT is also providing funding for additional speed enforcement by the Highway Patrol and the Douglas County Sheriff’s office. </P> <P><STRONG>ACCOUNTS PAYABLE 03-12-07&nbsp; <BR></STRONG>McElhaney moved to approve accounts payable in the amount of $202,910.43 to be paid on 03/12/07. The motion was seconded by Jones and carried.</P> <P>McElhaney moved to adjourn; Jones seconded and the motion carried.</P> <P><BR>_____________________________&nbsp;________________________<BR>Jere McElhaney, Vice Chair&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp; <BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;<BR></P>

<P><BR>McElhaney called the meeting to order at 9:10 a.m. on Monday, March 19, 2007 with two members present. Johnson was absent.&nbsp;&nbsp; </P> <P>Jones moved to approve the minutes of March 12, 2007. The motion was seconded by McElhaney and carried.</P> <P><STRONG>CONSENT AGENDA 03-19-07</STRONG><BR>McElhaney moved approval of the following Consent Agenda:</P> <P>&#9658;&nbsp;Commission Orders No. 07-117 (on file in the office of the County Clerk); <BR>&#9658;&nbsp;Resolution No. 07-10 Cereal Malt Beverage License for Clinton Marina and Resolution No. 07-11 Cereal Malt Beverage License for Clinton Store; and<BR>&#9658;&nbsp;Authorized vehicle permits for emergency vehicles.</P> <P>The motion was seconded by Jones and it carried.</P> <P><STRONG>MISCELLANEOUS &amp; HEALTH DEPARTMENT 03-19-07</STRONG> <BR>Bert Rowell, Professor emeritus of Geology, K.U. and representative for the Health Department’s Air Quality Committee, gave a presentation to the Board on the air quality levels for Lawrence and Douglas County. In 2003, KDHE installed an outdoor air quality monitoring station at the City of Lawrence Municipal Airport, which has provided four years worth of monitoring data for ozone levels. The EPA requires&nbsp; three years of air quality data to determine if an area complies with the Clean Air Act. During the 2003-2005 monitoring period, Douglas County and the greater Kansas City monitoring areas were both in compliance with the EPA Clean Air Act with an average ozone reading of .073 parts per million (ppm) and .072 ppm for Douglas County during the 2004-2006 Ozone Monitoring Period. KDHE removed the air monitoring station from Douglas County due to budget cuts and believes it can sufficiently monitor the quality of air in Douglas County with the Leavenworth monitoring system. </P> <P>Jones questioned the accuracy of the Leavenworth data used for the Lawrence area and whether Douglas County needed its own monitoring system. Rowell stated the data for Leavenworth would be similar, but not identical for Douglas County. He also felt commuter traffic has a great impact on our air quality. Jones asked Rowell to discuss with the Air Quality Board the value of having and maintaining a monitoring system at the airport. If they feel it is a necessity, then the Board will revisit the idea. Otherwise, we will continue to use the Leavenworth data. Jones stated Douglas County needs to be aggressive and knowledgeable about maintaining our independence from the Kansas City Air Quality district. Jones directed Craig Weinaug, County Administrator, to prepare a letter to KDHE requesting possible reconsideration of KDHE’s decision to remove the air quality monitoring station from Douglas County. <BR><STRONG>PUBLIC WORKS 03-19-07</STRONG><BR>Keith Browning, Director of Public Works, presented the Board with a Cooperation Agreement with Jefferson County for Project 2005-11 for Rehabilitation of Kansas River Bridge at Lecompton. Jefferson County Commission is scheduled to consider execution of the agreement during their Monday, March 19, 2007 meeting. </P> <P>Jones moved to authorize the execution of a Cooperation Agreement with Jefferson County Project No. 2005-11, the rehabilitation of the Kansas River Bridge at Lecompton, contingent upon receiving a signed copy from Jefferson County. The motion was seconded by McElhaney and carried.</P> <P><STRONG>PUBLIC WORKS 03-19-07</STRONG><BR>The Board considered authorizing a change order for an early completion incentive for the Kansas River Bridge at Lecompton, Project No. 2005-11. Keith Browning, Director of Public Works, led the discussion. Browning has discussed with contractor, A.M. Cohron, the proposed incentive of $10,000 per day for each day prior to August 10 the bridge is open to unrestricted traffic. The change order would cap the incentive payment at $100,000, or a maximum of 10 days early completion. The original contract stipulates that every day after August 10, 2007 the bridge is not open to unrestricted traffic, liquidated damages of $10,000 per day will be assessed to the contractor. Browning also clarified that Jefferson County would not be sharing in the cost for this change order therefore the full cost of this change order will be paid by Douglas County. </P> <P>Jones moved to authorize a Change Order to the construction contract for Project No. 2005-11, the rehabilitation of the Kansas River Bridge at Lecompton, which adds&nbsp; an early completion incentive of $10,000 per day up to a maximum amount of $100,000, contingent upon receiving a signed copy from Jefferson County of the Cooperation Agreement for shared cost of the rehabilitation. The motion was seconded by McElhaney and carried.</P> <P><STRONG>ACCOUNTS PAYABLE 03-19-07</STRONG>&nbsp; <BR>McElhaney moved to approve payroll in the amount of $718,949.50 to be paid on 02/23/07; accounts payable in the amount of $359,653.33 to be paid on 03/19/07; manual checks in the amount of $1,790.48 to be paid on 03/13/07; and electronic fund transfers for KPERS in the amount of $58,067.95 and FICA in the amount of $52,405.41 both to be paid on 03/16/07. The motion was seconded by Jones and carried.</P> <P>McElhaney moved to adjourn; Jones seconded and the motion carried.</P> <P>____________________________&nbsp;___________________________<BR>Jere McElhaney, Vice Chair&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp; <BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;<BR></P>

<P>Johnson called the meeting to order at 8:35 a.m. on Monday, March 26, 2007&nbsp;with all members present.&nbsp;&nbsp;&nbsp;&nbsp; </P> <P><STRONG>CONSENT AGENDA 03-26-07</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <P>&#9658;&nbsp; Commission Orders No. 07-116 (on file in the office of the&nbsp;County Clerk); <BR>&nbsp; <BR>The motion was seconded by McElhaney and carried unanimously.&nbsp; </P> <P>&nbsp;Item pulled from Agenda:</P> <P><STRONG>PURCHASING 03-26-07</STRONG>&nbsp; <BR>The Board considered the purchase of a used 2003 Hamm vibratory roller from Murphy Tractor for Public Works to replace a 1981 Hyster static 10-ton steel roller, which would be sold online or through an auction service. Jackie Waggoner, Purchasing Director, and Mike Perkins, Operation Manager Public Works, were present for the discussion. Waggoner and Perkins recommended that the County should consider used equipment giving a cost savings of $23,673. Funds are available in Equipment Reserve for this expenditure. </P> <P>Johnson questioned if any of the townships could utilize the old equipment. Perkins stated that Wakarusa Township is the only township with paved roads to maintain. Jones moved to approve the purchase of a 2003 Hamm vibratory roller from Murphy Tractor in the amount of $70,455 and to offer the current roller to the Wakarusa Township. If it is not needed, then Purchasing is granted the authority to dispose of the equipment online or through an auction service. The motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PLANNING 03-26-07</STRONG><BR>The Board considered the approval of SP-03-16-07, Vinland Fair Barn site plan for the construction of a men’s and women’s restroom and a 945 square foot storage addition to the Vinland Fair Barn located at 1736 N 700 Road. The application was submitted by Mark Brown for the Vinland Fair Association, property owner of record. J&#160; Rexwinkle, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item. The current zoning and land use is A (agriculture). A letter has been submitted to the State Historic Preservation Office requesting approval of the addition. Planning staff recommends the approval of this item subject to the following conditions:</P> <P>1)&nbsp;Label two of the parking spaces closest to the fair barn as ADA accessible and add a note to the site plan, which states “ADA accessible spaces shall be designed to meet the standards of the Americans with Disabilities Act Guidelines and shall be signed according to these standards.”<BR>2)&nbsp;The addition of a note to the face of the site plan, which states, “In the future, if significant improvements are proposed which may result in an increase in the amount of traffic to and from the fairgrounds, access to the site must come into compliance with the adopted Public Road Access Management Standards.”<BR>3)&nbsp;Show the area for outdoor trash storage and methods of screening on the site plan.<BR>4)&nbsp;Provision of a letter from the State Historic Preservation Officer stating approval and compliance with K.S.A. 75-2715-75-2726, prior to this site plan being released for building permits.</P> <P>Rexwinkle stated the existing access drive to the site d&#160;s not comply with the new Public Road Access Management Standards in terms of desirable entrance spacing with N 700 Road being classified as a principal arterial road and E 1750 Road classified as a local road. The County Public Works Department is not requesting changes to the access points as this time. </P> <P>McElhaney commented that the fairgrounds are only used 3-4 times a year and shares parking with the adjacent school. There d&#160;s not appear to be any safety issues. This should be taken into consideration when deciding access requirements. </P> <P>Johnson then questioned the need for condition No. 2 to be placed on the site plan when the County has rules and regulations in place to address future expansion issues.&nbsp; </P> <P>McElhaney moved to approve SP-03-16-07 striking condition No. 2 requested by Planning Staff stating “The addition of a note to the face of the site plan which states ‘In the future, if significant improvements are proposed which may result in an increase in the amount of traffic to and from the fairgrounds, access to the site must come into compliance with the adopted Public Road Access Management Standards.’” The motion was seconded by Johnson and carried unanimously. </P> <P><STRONG>PURCHASING &amp; JUDICIAL LAW ENFORCEMENT CENTER 03-26-07</STRONG>&nbsp; <BR>The Board discussed bids for the renovation of the Judicial Law Enforcement Center.&nbsp;&nbsp; Pam Madl, Assistant County Administrator, was present for the discussion. Three bids were received with B.A. Green as the low bidder with the bid amount of $343,000, $39,370 for Alternate 1: Casework &amp; Paneling/Trim, 30 days for preparation and 130 days for construction. Madl recommended approval of the low bid and requested authority for the County to subcontract the painting, wiring, furnishings and carpet for an amount not-to-exceed $280,000. The total project is expected to cost approximately $665,000. </P> <P>McElhaney moved to approve the low bid from B.A. Green in the amount of $343,000, plus the Alternate 1: Bid for Casework and Paneling/Trim in the amount of $39,370 for a total of $382,370; giving Charles Jones, lead Commissioner for the project, the authority to approve a 10% change order limit, and the authority to Pam Madl to contract for painting, wiring, furnishings and carpet for an amount not to exceed $280,000 using either a State contract or competitively bidding the items. The motion was seconded by Johnson and carried unanimously. <BR>&nbsp;<BR><STRONG>ACOUNTS PAYABLE 03-26-07</STRONG><BR>Jones moved to approve accounts payable in the amount of $642,090.01 to be paid on 03/26/07 and sire transfers in the amount of $292,361.70 to be paid on 03/21/07. The motion was seconded by Johnson and carried unanimously. </P> <P>McElhaney moved to adjourn; Johnson seconded and the motion carried.</P> <P><BR>_____________________________&nbsp;________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Jere McElhaney, Vice Chair</P> <P><BR>ATTEST:</P> <P>_____________________________&nbsp;__________________________ <BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member<BR></P>

<P>Johnson called the meeting to order at 6:35 p.m. on Wednesday, March 21, 2007 with all members present. The Pledge of Allegiance was recited.&nbsp;&nbsp; </P> <P><STRONG>CONSENT AGENDA 03-21-07</STRONG><BR>McElhaney moved approval of the following Consent Agenda:</P> <P>&#9658;&nbsp;Note receipt of Fee Reports for February 2007.</P> <P>The motion was seconded by Jones and carried unanimously.&nbsp; </P> <P><STRONG>PUBLIC WORKS/AGREEMENTS &amp; BENEFIT DISTRICT 03-21-07 <BR></STRONG>The Board considered the approval of an agreement for engineering services for&nbsp;&nbsp;&nbsp;&nbsp; N 600 Road Benefit District (located between Route 1055 and E 1750 Road), DGCO Project No. 2006-12. Keith Browning, Director of Public Works, led the discussion. Public Works solicited proposals for engineering design services for the improvements and selected BG Consultants, Inc. The scope of services includes&nbsp;a maximum fee not-to-exceed $28,930, which is approximately 11.5% of the anticipated construction cost for this work, and stipulates the plans will be completed by the end of May 2007. Engineering fees will be assessed to the property owners in the N 600 Road Benefit District. </P> <P>Johnson questioned if the property owners in the benefit district have been consulted about the cost. Browning stated he contacted Rick Weaver, who has been an initiator in this process, to let him know the agreement would be on the agenda. Browning stated the $28,930 fee is reasonable for the services.</P> <P>Jones moved to approve the agreement with BG Consultants, Inc. for engineering design services for improvements to N 600 Road from Route 1055 (E1700 Road) to E 1750 Road, as authorized by Resolution No. 07-08. The motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PUBLIC WORKS 03-21-07</STRONG>&nbsp; <BR>The Board considered a proposal to hire professional services to study corridors for arterial roadways from US-59 Highway south of Lawrence to K-10 Highway east of Lawrence. Keith Browning, Director of Public Works, led the discussion. The study should determine the future configuration of the roads, required right-of-way widths, estimated construction costs and the extent of sensitive environmental resources. </P> <P>Three apparent corridors for constructing arterial roads include: <BR>1.) &nbsp;Route 458 from US-59 to Route 1057; Route 1057 from Route 458 to K-10; <BR>2.) &nbsp;N 1100 Road from US-50 to Noria Road; Noria Road (E 1750 Road) from N 1100 Road to K-10. <BR>3.)&nbsp; N 1100 Road from US-59 to Route 1057; Route 1057 from N 100 Road&nbsp;to K-10. </P> <P>After discussing the corridor options, Johnson stated he feels the County must have the City’s involvement in planning discussions because any of the planned routes would eventually be part of the City of Lawrence. In addition, the City is currently planning construction of a new wastewater treatment plant along E 1600 Road. Browning stated the City will need to make road improvements along 1100 Road and&nbsp; E 1600 Road to construct and service the plant and there will be potential damage to County roads caused by trucks during the construction process. Weinaug commented the City needs to feel invested in the study because the City will grow and evolve into this area.</P> <P>Jones stated he is concerned about the traffic dynamic and the need for a safe efficient way to get around Lawrence while waiting for the SLT to be completed in 2012. Jones requested Public Works to include exploration of the option of extending E 1750 Road south to 458 in the solicitation for proposals. The Board directed staff to schedule a joint discussion of this issue with the Lawrence City Commission. </P> <P><STRONG>PUBLIC WORKS 03-21-07</STRONG><BR>Keith Browning, Director of Public Works, brought to the Board items for direction and feedback regarding road right-of-way issues created by the new Access Management Regulations. Discussions included frontage roads, widening existing road right-of-ways, creating new road right-of-ways, regulation text changes, use of private roads and unusual access locations. </P> <P>The Board directed Keith Browning on several issues some of which will be brought back to the County Commission on a later date. No formal action was taken. </P> <P><STRONG>APPOINTMENT 03-21-07</STRONG><BR>Jones moved to appoint Karen Shumate, RN, Lawrence, to the Lawrence-Douglas County Health Department Board, replacing Sherri Vaughn, MD. Shumate will serve on the board for a three-year term to expire 03/31/10.&nbsp; McElhaney seconded and the motion carried unanimously.&nbsp; <BR>&nbsp;<BR><STRONG>MISCELLANEOUS &amp; TOWNSHIPS 03-21-07<BR></STRONG>Charles moved to accept the Township Annual Reports for 2006. The motion was seconded by Jere and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 03-21-07</STRONG>&nbsp; <BR>Grant Eichorn, representing the Planning Commission, made a presentation to the Board about the need to review and revise County Zoning Regulations. He plans&nbsp;&nbsp;&nbsp;&nbsp; to bring it to the Board by sections rather than one complete document. Johnson asked that the presentation to the Commissioners clearly show the recommended changes distinctly from the existing regulations. Eichorn anticipates the process will take six months. Johnson asked that the County Commission be exposed to the drafts and recommendations before being discussed by the Planning Commission. Eichorn agreed.</P> <P>Jones moved to adjourn the meeting. Elhaney seconded and the motion carried. </P> <P>&nbsp;</P> <P>_____________________________&nbsp;________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Jere McElhaney, Vice Chair</P> <P><BR>ATTEST:</P> <P>_____________________________&nbsp;__________________________ <BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member<BR></P>

<P>Johnson called the meeting to order at 8:33 a.m. on Monday, April 2, 2007 with two members present. McElhaney arrived at 9:10 a.m.</P> <P><STRONG>CONSENT AGENDA 04-2-07</STRONG><BR>Johnson moved approval of the following Consent Agenda:</P> <P>&#9658;&nbsp; Resolution No. 07-13 Appointing the District Deputy Coroner for the Seventh Judicial District for the four-year term commencing January 8, 2007. <BR>&nbsp; <BR>The motion was seconded by Jones and carried.</P> <P><STRONG>MISCELLANEOUS 04-02-07</STRONG><BR>The Board directed the County Administrator to write a letter to the Mayor Amyx <BR>requesting a joint meeting be set up to discuss several unresolved items between the Lawrence City Commission and the County Commission.&nbsp;&nbsp; </P> <P><STRONG>PUBLIC WORKS &amp; LECOMPTON BRIDGE 04-02-07</STRONG><BR>The Board considered increasing the Change Order for the early completion incentive for the Kansas River Bridge at Lecompton, Project No. 2005-11 as approved on March 19, 2007. Keith Browning, Director of Public Works, was present for the discussion. Jones questioned if the contractor could feasibly complete the repairs earlier than the 10-day incentive package that had already been approved by the County Commission. Browning stated the contractor provided the County with estimates of the chances that the project could be completed 6 days early, 12 days early and 18 days early. The contractor thought there was a slight chance the project could be complete 12-18 days early, but that is was not feasibly to be completed earlier than that. After discussion, Jones moved to authorize the Public Works Director to increase the Change Order for the construction contract for Project 2005-11, the rehabilitation of the Kansas River Bridge at Lecompton, increasing the early completion maximum incentive limit from $100,000 to $150,000, with a $10,000 per day limit. The motion was seconded by Johnson and carried 3-0.</P> <P><STRONG>MISCELLANEOUS &amp; MINUTES 04-02-07</STRONG><BR>Jones moved to approve the minutes of March 19 and March 26, 2007. The motion was seconded by Johnson and carried. The minutes of March 21, 2007 were pulled from the agenda for revisions. </P> <P><STRONG>ISSUE REPORT UPDATE 04-02-07<BR></STRONG>Craig Weinaug, County Administrator, presented the Board with a list of pending issues for discussion. Updates per Board direction are reflected on the 04/11/07 report as follows:<BR>&nbsp;<BR>&nbsp;</P> <P>&nbsp;</P> <P><BR><STRONG>BUDGET 04-02-07</STRONG><BR>The Board discussed the 2008 budget process. No action was taken.</P> <P><STRONG>ACOUNTS PAYABLE 04-02-07</STRONG><BR>Jones moved to approve a wire transfer in the amount of $1,394.24 to be paid on 04/02/07. The motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>SUBDIVISION REGULATIONS &amp; PLANNIING 04-02-07</STRONG><BR>Linda Finger, County Consultant, gave an update to the Board on the status of the subdivision regulations implementation meetings with surrounding cities, residents and key organizations. </P> <P>McElhaney moved to adjourn; Jones seconded and the motion carried unanimously.</P> <P><BR>_____________________________&nbsp;________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Vice Chair</P> <P><BR>ATTEST:</P> <P>_____________________________&nbsp;_________________________&nbsp; <BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member </P>

<P><BR>Johnson called the meeting to order at 6:35 p.m. on Wednesday, March 28, 2007 with two members present. Jones was absent.</P> <P><STRONG>CONSENT AGENDA 03-28-07</STRONG><BR>Johnson moved approval of the following Consent Agenda:</P> <P>&#9658;&nbsp; Commission Orders No. 07-118 (on file in the office of the&nbsp;County Clerk); and <BR>&#9658;&nbsp; Resolution Relating to and Amending a Regulated Planning and Zoning Classification within the Unincorporated Territory of Douglas County, Kansas (Mears Addition) from “A” Agricultural District to “A-1” Suburban Home District.<BR>&nbsp; <BR>The motion was seconded by McElhaney and carried.</P> <P><STRONG>PUBLIC WORKS 03-28-07</STRONG>&nbsp; <BR>The Board considered a home rule resolution that authorizes the Public Works Director to approve right-of-way conveyances on behalf of the Board when 1) right-of-way for an existing road is widened and 2) when the County is not paying money in exchange for the additional right-of-way.&nbsp; </P> <P>Johnson stated this resolution allows an administrative decision be made to expedite the entrance permit process. A typical situation for which right-of-way conveyances would be accepted by the Public Works Director is for the construction of frontage roads.&nbsp; Johnson asked if the County provides services in exchange for right-of-way, could this be viewed as providing services at a cost. Browning responded, “no,” if the owner wants residential access and the access needs to be along a frontage road.&nbsp; The County is willing to put the frontage road in, but the owner must provide some additional right-of-way.</P> <P>McElhaney questioned whether the Public Works department has the time and manpower to take on the additional responsibility. Browning responded it d&#160;s, but this will take away from some other tasks. The County Administrator reminded the Commissioners that some additional staff would be required to implement the new subdivision Regulations and access management standards. The amount of staff required and the length of time that staff would be needed, would be decided by the County Commissioners as a part of the 2008 budget discussions.</P> <P>McElhaney questioned if this process could involve townships. Browning stated it could happen on township roads, especially in Wakarusa Township, because there are some minor arterials. Regulations state that on any road classified higher than a local road, the township must have the County sign off on the entrance permit. When the property owner applies for a building permit, the Zoning &amp; Codes department will review to make sure the request meets new Access Management regulations.&nbsp;&nbsp; </P> <P><BR>McElhaney moved to accept the Home Rule Resolution 07-3-2 authorizing the Public Works Director to accept certain right-of-way conveyances on behalf of the Board of County Commissioners. Johnson seconded the motion and it carried. <BR>&nbsp;<BR><STRONG>ACOUNTS PAYABLE 03-28-07</STRONG><BR>McElhaney moved to approve accounts payable in the amount of $139,295.12 to be paid on 04/02/07. The motion was seconded by Johnson and carried.</P> <P>McElhaney moved to adjourn; Johnson seconded and the motion carried.</P> <P><BR>_____________________________&nbsp;________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Vice Chair</P> <P><BR>ATTEST:</P> <P>_____________________________&nbsp; <BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp; <BR></P>

<P>&nbsp;</P> <P>Johnson called the meeting to order at 6:35 p.m. on Wednesday, April 4, 2007&nbsp;with all members present. </P> <P>CONSENT AGENDA 04-04-07<BR>Charles moved approval of the following Consent Agenda:</P> <P>&#9658;&nbsp; Commission Orders Nos. 07-119, 07-120 and 07-121 (on file in the office of the County Clerk); and <BR>&#9658;&nbsp;&nbsp; Low bid from Central Salt for the supply of 3,000 tons of highway de-icing salt at a total cost of $106,470.00.<BR>&nbsp; <BR>The motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 04-04-07</STRONG>&nbsp; <BR>John Harrenstein, County Administrator Intern, made a presentation to the Board on a survey of surrounding counties and the number of days vendors are allowed to sell fireworks. The survey was conducted following a letter of request to the Board of Commissioners from Eric J. Garrett, Secretary/Treasurer of the Douglas County Fireworks Association/Kansas Fireworks Association, asking for a four-day sales period in Douglas County. Keith Dabney, Director of Zoning and Codes, was also present for the discussion and noted the cost of inspecting and processing fireworks stands is expected to exceed the permit fees collected. Jones questioned how many permits were issued last year. Dabney replied about 14-15. Jones commented he has no problem increasing the selling period from three to four days if we can collect the costs, but he would not want to go beyond four days.</P> <P>Johnson opened for public comment.</P> <P>Jim Pine, Pine Fireworks, stated this is his 60th year in firework sales. The extra day could make up for a rain day. He commented that if a burn ban is issued, it would be helpful if made prior to sales, not during.</P> <P>Eric Garrett, Secretary/Treasurer of Douglas County Fireworks Association/Kansas Fireworks Association, stated he has more competition than other counties who sell for a longer period. An extra day could make up for a rainy or windy day. Also, another day would add more revenue to the County and supply temporary jobs to students. </P> <P>Jim Pines, Pine Fireworks, stated there are other stands that are too close to road who do not comply with the regulations but are not closed down.</P> <P>Larry Banks, Fireworks Officer, stated he has no opinion one way or another for adding an additional day of sales. However, he would like to address enforcement and feels there is no need for both the Zoning and Codes Department and the Fire Department to inspect. McElhaney questioned how many inspectors there are from the Zoning Department. Dabney responded there are three inspectors who inspect on different days. Banks stated he feels there are two different sets of rules to follow and requests some definition. Johnson closed the public comment.</P> <P>Jones moved to approve an additional day of firework sales in Douglas County being July 1 through July 4; to give the Director of Zoning and Codes the authority to revise the ordinance to define the responsibilities of the two enforcement authorities; to take action against people not in compliance with the rules and regulations; and to increase the permit fee to cover personnel costs. McElhaney seconded the motion and it carried unanimously. </P> <P><STRONG>EMERGENCY COMMUNICATIONS 04-04-07</STRONG><BR>The Board discussed the upgrade of public safety computers. Jim Denney, Director of Emergency Communications, was present for the discussion. Jim Denney explained that the software technology that enabled the CAD to dispatch the closest capable responder in or out of the sector required a computer with more memory and capacity. Ron Olin, Chief of Police, stated the existing AS/400 computers are five years old and do not have sufficient memory to handle the software as described above. The upgrade would increase the available processing power by a factor of 50 and should provide a service life of 6-10 years. Funding is available through the 911 fee fund. At least one of the existing AS/400 computers can be moved to the Douglas County Jail to house and operate the jail management system. The Board directed Denney to seek replacement for computer upgrades and bring to Board for approval. </P> <P><STRONG>PUBLIC WORKS 04-04-07</STRONG>&nbsp; <BR>The Board discussed the bids for the supply of asphaltic concrete material for the 2007 road maintenance season. Keith Browning, Director Public Works, was present for the discussion. Three bids were received with LRM Industries, Inc being the lowest bid. This year’s contract includes a price adjustment factor tied to KDOT’s Monthly Asphalt Price Index. The adjustment factor will increase or decrease the price of asphaltic concrete mix by $0.50/ton for each $10.00/ton increase or decrease in the Monthly Asphalt Price Index. It is possible the unit cost for supply of hot mix will change if the cost of asphalt cement changes. The 2007 budget for Road and Bridge Fund 201 has $400,000 allocated for BM-2 asphaltic concrete.</P> <P>Jones moved to approve the contract with LRM Industries, Inc. to supply 5,001 tons to 8,000 tons of BM-2 asphaltic concrete at the unit price of $32.95 per ton, and approve a contract with Asphalt Sales to supply 1,000 tons to 5,000 tons of BM-2 at the unit price of $35.00 per ton when LRM cannot supply. McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>PUBLIC WORKS 04-04-07</STRONG>&nbsp; <BR>Craig Weinaug, County Administrator, discussed the following three alternatives for the provision of the maintenance of county secondary roads: 1) maintenance by the townships; 2) maintenance by the county government under the “unit road system;” and 3) maintenance by the county under the “rural highway system.” The current system operates under the “township system” with the “unit road system” the most widely used system in Kansas. The tax burden in the townships under the existing township system for 2006 varies from 7.886 mills in Grant Township to 26.885 mills in Marion Township. Under the “unit road system” a 2.2 mill would be spread over the entire County to pay for secondary road maintenance. This 2.2 mills would represent an increase for the residents of the City and the County and it would represent a significant decrease for the residents of the unincorporated area. Under the “rural highway system,” the average amount of road related tax paid by the residents of the townships would be the same, but since the mill levy would become uniform for the entire unincorporated area, some residents would experience a mill levy increase and some would see a decrease. This option would require an election and would increase taxes for about half of all residents affected. </P> <P>Jones stated that 69 out of 105 counties have gone to the “unit road system” and most said they would not go back. The system is run like a business by reducing administrative overhead. We must ask, “Can we provide more service at less cost1/2”</P> <P>McElhaney stated he would be hard to convince. The smaller unit of government is more accessible to people. He questioned if hiring more supervisors, and the definition of road expenses include culverts, mowing, snow and ice removal and baccading roads. Craig Weinaug, County Administrator, responded that the estimates provided included all of these expenses.&nbsp;&nbsp; </P> <P>Jones commented that at this time, we do not have enough information to make a decision, we are only exploring the idea. </P> <P>Johnson opened the item for public comment.</P> <P>Chris Lesser, Fire Chief Wakarusa Township, stated concerns that the County will not provide the same level of service as the townships. </P> <P>Jerry Smith, Clerk of Willow Springs Township, stated the cost for upkeep in Willow Springs Township is $3,000 per mile and questioned whether the County could provide the same services as cheaply. He feels the system is still working, why change it.</P> <P>Jones questioned if it is hard to recruit young people to township trustees. Smith replied he has visited with young people and all seem willing to participate.</P> <P>Chester Fitch, Grant Township, challenged the Commissioners to come up with a long-term plan. The public will expect roads to improve.</P> <P>Jay Robertson, Lecompton Township, stated the township takes care of the cemetery and will provide better services to the taxpayers.</P> <P>Mike Stewart, Lecompton Township, questioned if residents had complained about their road service. Johnson responded that this is not an issue of complaint, but of money.</P> <P>Larry Bartz, Douglas County resident, commented that the Board brought up many good points. Everything is consolidating, which can save a lot of money.</P> <P>Johnson closed public comment.</P> <P>McElhaney commented it is obvious somewhere down the road the County will implement the “unit road system.” He questioned how annexation would affect the townships. Jones responded that as Lawrence grows, it will eventually eat up the townships, which is a good reason to think about doing this. No action taken.</P> <P><STRONG>PUBLIC WORKS &amp; ACCESS MANAGEMENT 04-04-07</STRONG><BR>The Board discussed the new Access Management Standards and its effect on township roads. Keith Browning, Direct of Public Works, was present for the discussion. McElhaney asked if the Access Management Standards have been forwarded to the townships. Browning replied “yes.” For the most part, the Access Management Standard did not change for local township roads. However, there are many township roads no longer classified as local roads, but classified higher. It is important that the townships understand that on these types of roads there is a longer minimum frontage requirement. McElhaney asked for an example of a higher classified township road. Browning used the example of E1600 Road in Palmyra Township and 500 Road in Marion Township. Browning asked the township officials present, to send the Public Works department copies of all entrance permits to be added to the Public Works data base. If the road is a minor collector or higher, the County must sign off on the permit. Browning also stressed the need for consistency of maintenance on local township roads. Driver expectation is extremely important. Johnson opened for public comment. No public comment was offered. No action was taken.</P> <P><STRONG>ACOUNTS PAYABLE 04-04-07<BR></STRONG>Jones moved to approve manual checks in the amount of $2,243.00 to be paid on 04/02/07. The motion was seconded by McElhaney and carried.</P> <P>McElhaney moved to adjourn; Johnson seconded and the motion carried.</P> <P><BR>_____________________________&nbsp;________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Jere McElhaney, Vice Chair</P> <P><BR>ATTEST:</P> <P>_____________________________&nbsp;_________________________ <BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member&nbsp; <BR></P>

<P>Johnson called the meeting to order at 6:40 p.m. on Wednesday, April 11, 2007&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; with two members present. McElhaney arrived later. </P> <P><STRONG>ACOUNTS PAYABLE 04-11-07</STRONG><BR>Jones moved to approve manual checks in the amount of $278,203.73 to be paid on 04/16/07 and a wire transfer in the amount of $674,000.00 paid on 04/09/07. The motion was seconded by Johnson and carried 2-0.</P> <P><STRONG>CONSENT AGENDA 04-11-07</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <P>&#9658;&nbsp;&nbsp; Application for an authorized Emergency Vehicle Permit for Lecompton Township Fire and Rescue Permit No. 5 for William Shockley<BR>&nbsp; <BR>The motion was seconded by McElhaney and carried 3-0.</P> <P><STRONG>MISCELLANEOUS &amp; ZONING AND CODES 04-11-07</STRONG><BR>Johnson discussed a situation in Douglas County where a resident purchased property under the assumption that he could do something with the property that he can not under the new subdivision regulations. Johnson questioned what the County can do to help prevent this from happening. McElhaney suggested hiring a full-time position with the Zoning &amp; Codes Department to handle purchase of property issues, a consultant type position. Jones stated he feels it is the purchaser’s responsibility to be aware of the rules and regulations. He suggested putting a “Beware before Buying” brochure or poster in the Register of Deeds office and to continue our group meetings for Douglas County groups and residents. Jones d&#160;s not feel the County is at fault, we just need to speed up the communication process. Keith Dabney, Director of Zoning and Codes, stated he spoke with the auction house that sold the property, and the land was sold as “Buyer Beware.”</P> <P><STRONG>ZONING AND CODES 04-11-07</STRONG><BR>The Board discussed amending the Uniform Building Code as adopted on June 9, 1999. The amendment requires property owners desiring to construct or alter buildings to be used strictly for agricultural purposes to first obtain an exemption from the building permit requirement by completing, executing and filing a certification with the Douglas County Zoning and Codes Department. The amendment will serve to put the owner on notice that a change in usage of the building from strictly agricultural to any other use or mixed use is not permitted without improving the building to comply with applicable Douglas County codes. Keith Dabney, Director of Zoning and Codes, was present for the discussion. Craig Weinaug, County Administrator, stated a copy of the Home Rule Resolution and information regarding the Commission meeting was sent to about every farm related group in the area. A letter was received from Bobbie Flory, Executive Director, Home Builders Association, endorsing the resolution. </P> <P>McElhaney moved adoption of the Home Rule Resolution No. 07-4-3 amending the Uniform Building Code previously adopted by the Board by Home Rule Resolution No. 99-6-2, and codified at Chapter III of the Code of Douglas County, Kansas. The motion was seconded by Johnson and carried unanimously. </P> <P>McElhaney moved to adjourn; Jones seconded and the motion carried.</P> <P><BR>_____________________________&nbsp;________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp; Jere McElhaney, Vice Chair</P> <P><BR>ATTEST:</P> <P>_____________________________&nbsp;_________________________ <BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Charles Jones, Member&nbsp; <BR></P>

<P>Johnson called the meeting to order at 8:33 a.m. on Monday, April 9, 2007 with two members present. McElhaney arrived later. The Pledge of Allegiance was recited.</P> <P>Jones moved to approve the minutes of March 21, 2007. The motion was seconded by Johnson and carried 2-0.</P> <P><STRONG>PLANNING&nbsp; 04-09-07</STRONG><BR>Mary Miller, Lawrence-Douglas County Metropolitan Planning Department, presented to the Board for review a Conservation Easement form prepared by Evan Ice, County Counselor. The form d&#160;s not need approval by the Board, but Planning Staff wanted to ensure the form reflects the intent of the Commissioners. Through the recent development of rural subdivision regulations, the Conservation Easement was initiated for the interest to conserve property by setting aside an area of acreage for conservation until property is annexed by a City. The easement assures there is density left for the City to approve the usage. Each agreement will be different for each property owner. In the UGA, the city has two years after annexation to decide how to use the property. </P> <P>Johnson opened for public comment.</P> <P>Dean Grob, Grob Engineering, stated he is planning to submit an application for a Conservation Easement on property within the UGA, but is struggling to understand the concept. </P> <P>Jones stated he d&#160;s not recall accepting easements in perpetuity. He also questioned whether the Board has the authority to accept the property valuation. He would like to have Marion Johnson, County Appraiser, talk to the Board on the tax implications. He feels there should be two documents, one for inside the UGA for annexation and one outside the UGA. Jones stated there are some fundamental policy issues outside the UGA that need to be discussed. He suggested Counsel revise the form to apply for property inside the UGA, use it, and refine as necessary. McElhaney questioned whether the Conservation Easements need to come back before the Board for approval. Jones stated it would be nice to have the Board review the items, however, Planning Staff is trying to make a decision on two applications and there is no need to hold the applications up. Craig Weinaug, County Administrator, stated the form would come back before the Board. We want to deal with the two applications Planning Staff is reviewing, which will help us work through revising the form. McElhaney stated concerns about proceeding with the form, setting precedence, and then going back on our word. </P> <P>Johnson closed public comment.</P> <P><BR>Johnson suggested we define the difference between the concept of a conservation easement and a reservation for future development. The Board is not interested in forcing people to enter into a conservation easement, but to allow development to be determined after annexation. It was determined that there are still too many unanswered questions regarding the intent of the Conservation Easement to accept the form.</P> <P>After further discussion, Jones suggested that the Planning Staff schedule a meeting with the County Commissioners to discuss the easements outside the UGA. </P> <P><STRONG>PLANNING 04-09-07</STRONG><BR>The Board considered approval of SP-02-12-07 for the Unitarian Fellowship of Lawrence, a site plan for the construction of a building addition and parking lot redesign and expansion located at 1263 N 1100 Road. The application was submitted by Grob Engineering Services, LLC for the Unitarian Fellowship of Lawrence, property owner of record. Joseph Rexwinkle, Lawrence-Douglas County Metropolitian Planning Department, presented the item. </P> <P>After discussion, Johnson directed Rexwinkle to make an editorial change to the Site Plan Review dated April 9, 2007, to reflect a correction to the Conclusion regarding setback lines to state, “The proposed request is consistent with the zoning district and by virtue of Board of Zoning Appeals, variance meets setback requirement.”</P> <P>McElhaney moved to accept SP-02-12-07. The motion was seconded by Jones and carried unanimously. </P> <P><STRONG>PUBLIC WORKS 04-09-07</STRONG><BR>Keith Browning, Director of Public Works, presented the Board with the bids for the supply and application of dust palliative material opened on March 26, 2007. Two bids were received for Magnesium Chloride and one bid for Calcium Chloride. The low bid was from Scotwood Industries. The bids are as follows: </P> <P><STRONG>Scotwood Industries, Inc.:</STRONG><BR>Item&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Quality&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Unit Price&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Total Price<BR>32% MgCl&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 85,000 gal&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; $0.672&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; $57,120.00<BR>38% CaCl&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 85,000 gal&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; $0.881&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; $74,885.00</P> <P><STRONG>Enviro Tech:</STRONG><BR>Item&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Quality&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Unit Price&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Total Price<BR>32% MgCl&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 85,000 gal&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; $0.762&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; $64,770.00</P> <P>A water truck will be needed to pre-wet all locations, adding to the overall cost. Browning stated 0.40 gallons per square yard is the minimum effective application <BR>rate to provide an effective treatment this year. Public Works will need to overrun the funds received by 5% in order to meet the minimum application rate. </P> <P>Jones questioned what advantage this treatment is to the County and if a private contractor could provide the service. Browning responded the treatment limits maintenance on roads for the summer. A private contractor could provide the service, but has no authority to prepare the roads for application. Jones commented the Board should start discussion early next year on whether to continue the program. </P> <P>Jones moved to accept the low bid and award the contract for supply and application of magnesium chloride solution for the user fee dust palliative program to Scotwood Industries at a unit cost of $0.672 per gallon, and authorize the Public Works Director to overrun the funds received by 5%. McElhaney seconded the motion and it carried 3-0.</P> <P><STRONG>MISCELLANEOUS &amp; HEALTH DEPARTMENT 04-09-07</STRONG><BR>Dan Patridge, Director of the Lawrence-Douglas County Health Department, made&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; a presentation to the Board on the 2006 Lawrence-Douglas County Health Department Annual Report.</P> <P><STRONG>MISCELLANEOUS 04-09-07</STRONG><BR>The Board discussed setting up a joint meeting between the Lawrence City Commission and the County Commission to resolve various unresolved issues. Johnson offered to hand deliver a letter to Mayor Mike Amyx outlining areas for discussion. </P> <P>ACOUNTS PAYABLE 04-09-07<BR>Jones moved to approve payroll in the amount of $722,316.73 paid on 03/29/07; KPERS in the amounts of $150.48 and&nbsp; $59,191.69 paid on 03/30/07; FICA in the amount of $55,402.50 paid on 03/30/07; accounts payable in the amount of $433,889.01 to be paid on 04/09/07; special payroll for poll workers in the amount of $17,135.00 paid on 03/23/07; and manual checks in the amount of $124.25&nbsp; paid on 04/06/07. The motion was seconded by McElhaney and carried unanimously.</P> <P>Jones moved to adjourn; Johnson seconded and the motion carried unanimously.</P> <P><BR>_____________________________&nbsp;________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Jere McElhaney, Vice Chair</P> <P><BR>ATTEST:</P> <P>_____________________________&nbsp;_________________________&nbsp; <BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member <BR></P>

<P>Johnson called the meeting to order at 8:30 a.m. on Monday, April 23, 2007 with two members present. McElhaney was absent. The Pledge of Allegiance was recited.</P> <P>Johnson moved to approve the minutes of April 2, 2007 and April 4, 2007. The motion was seconded by Jones and carried 2-0.</P> <P><STRONG>PROCLAMATION 04-23-07</STRONG><BR>Charles Branson, District Attorney, read a Proclamation proclaiming the week of April 22 – April 28, 2007 as “Crime Victims’ Rights Week.” Johnson moved approval of the Proclamation as read; Jones seconded and the motion carried 2-0.</P> <P><STRONG>PROCLAMATION 04-23-07</STRONG>&nbsp; <BR>Marsha Epstein, Headquarters Counseling Center, Diane Meyers and Michelle Fales, People’s Bank, and Ken McGovern, Douglas County Sheriff, were present to support a request for a Proclamation proclaiming April 28, 2007 as “Headquarter’s Counseling Center Life Support Day.” Johnson moved to approve the Proclamation; Jones seconded and the motion carried 2-0.</P> <P><STRONG>CONSENT AGENDA 04-23-07</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <P>&#9658;&nbsp; Road closures for County Road 1055 for 2007 Baldwin City Stage Race for the morning of Saturday, June 23, 2007; and<BR>&nbsp;&#9658;&nbsp; Cooperation Agreement with the City of Eudora for First <BR>&nbsp;Responder Services.</P> <P>The motion was seconded by Johnson and carried 2-0.</P> <P><STRONG>PLANNING 04-23-07</STRONG><BR>The Board discussed text amendments to Chapter 20, Article 7 of the Development Code to correct inconsistencies identified since code the was originally updated. Joseph Rexwinkle, Lawrence/Douglas County Metropolitan Planning Department, was present for discussion. Due to the absence of Commissioner McElhaney, the item was tabled for further view. Jones directed the item be placed on the Consent Agenda for the Monday, April 30, 2007 meeting. </P> <P><STRONG>PLANNING 04-23-07</STRONG><BR>Mary Miller,&nbsp; Lawrence/Douglas County Metropolitan Planning Department, presented Z-12-30-06, a request to rezone a tract of land approximately 3.34 acres from A (Agricultural District) to A1 (Suburban Home Residential District) to the Board for consideration. The property is located at 1930 E 1400 Road. The application was submitted by Lewis Phillips, for Husted Management, L.C., property owner of record. </P> <P>Staff recommends approval of the rezoning request of the 3.34 acres from A (Agricultural District) to A1 (Suburban Home Residential District) and forwarding it to the Board of County Commissioners with a recommendation for approval based on the following findings of fact:</P> <P>Zoning and land uses of surrounding properties. The surrounding area is zoned A (Agricultural) District. Agriculture is the dominant use with scattered rural residences. </P> <P>Character of the area.&nbsp; The area is predominately agricultural with a limited mix of uses. The area is primarily zoned for agricultural uses; however, there are small areas of industrially zoned property nearby. Farming is the dominant land use with rural residences scattered throughout the area. Nearby industrial uses include a building supply store, farm implement company and Midland Farm Store and Co-op Elevator. A Bed and Breakfast establishment, which was approved with a Conditional Use Permit, is located to the south. The property is within a mile of the Riverfront Park along the Kansas River levee. </P> <P>Suitability of subject property for the uses to which it has been restricted. The subject property is suitable for the purposes to which it is restricted under the A District. However, as it has previously been developed with a home and the applicant’s intent is to sell the residence and retain the agricultural character of the remainder of the property, the subject property is suitable for the A-1 District. </P> <P>Length of time subject property has remained vacant as zoned. The existing development occurred before zoning regulations were enacted. </P> <P>Extent to which approving the rezoning will detrimentally affect nearby properties. The rezoning would not result in any physical change in the area. The property has been developed with a single-family residence and outbuildings since 1916. There would be no negative impact on nearby properties. </P> <P>Relative gain to the public health, safety and welfare by the destruction of the value of the petitioner’s property as compared to the hardship imposed upon the individual landowners. Denial of the rezoning request would produce no gain to the public health, safety or welfare. Denial of the request would create a hardship upon the landowner in that it would prevent the sale of the residence and require the applicant to maintain possession.</P> <P>Conformance with the Comprehensive Plan. The rezoning request is in conformance with the recommendations of Horizon 2020. As the request was submitted prior to the adoption of the Subdivision Regulations, the property is being platted rather than being subdivided with an administrative review process. Platting for land divisions in the Urban Group Area was a requirement of Horizon 2020 before it was updated. The rezoning request is contingent upon the recording of the final plat which, as conditioned, is in conformance with the recommendations of Horizon 2020.<BR>&nbsp;AND subject to the following condition:<BR>(1)&nbsp;Recording of a final plat prior to publication of the rezoning ordinance.</P> <P>Jones moved to approve Z-12-30-06 a request to rezone a 3.34 acres tract of land from A (Agricultural District) to A-1&nbsp; (Suburban Home Residential District) subject to the above listed condition. The motion was seconded by Johnson and carried 2-0.</P> <P><STRONG>PLANNING 04-23-07</STRONG><BR>Mary Miller, Lawrence/Douglas County Metropolitan Planning Department, PF-02-03-07 a Final Plat for Husted Farms, located at 1930 E 1400 Road. The one lot residential site contains 3.34 acres. The application was submitted by Lewis Phillips, for Husted Management, L.C., property owner of record.</P> <P>Staff recommends approval of the Final Plat for Husted Farms and forwarding it to the County Commission with a recommendation for acceptance of easements and rights-of-way subject to the following conditions:<BR>(1)&nbsp;Provide justification for the 10’ and 15’ utility easements, or provide a revised plat with 5’ and 7.5’ easements on the side and rear property lines respectively; and<BR>(2)&nbsp;Provision of paid property tax receipt.</P> <P>Jones moved to approve PF-02-03-07, a Final Plat for Husted Farms and subject to the above listed conditions. Johnson seconded the motion and it carried 2-0. </P> <P><STRONG>PUBLIC WORKS 04-23-07</STRONG><BR>Michael Kelly, County Surveyor, presented the Board with a walk-on item for Board authorization to proceed with a Contract for Highway Purposes for structure No. 9.76N – 11.00E, a project to replace a drainage structure by County personnel. Johnson moved to authorize the Chairman of the Board to affix his signature to the Contract for Highway Purposes for Str. No. 9.76N - 11.00E for an Acquisition of Easement for Tract Nos. 1, 2 &amp; 3. The motion was seconded by Jones and carried 2-0. </P> <P><STRONG>PLANNING &amp; CONSERVATION EASEMENTS 04-23-07</STRONG><BR>The Board held a work session with Mary Miller, Lawrence/Douglas County Metropolitan Planning Department, and Evan Ice, County Counselor, to discuss the wording and intended uses of 1 (vii) of the Lawrence/Douglas County Subdivision Regulations. Also in attendance were Trudy Rice and Roxanne Miller of the Lawrence/Douglas County ECO2 Board, and Dorothy Jackson, Douglas County resident. </P> <P>Jones stated the Board needs to have a meaningful discussion on conservation and to bring in experts to discuss ways and possible incentives to encourage landowners to conserve wooded areas. Jones asked that with the Planning Commission, the Land trust or ECO2 Commission bring forward a recommendation for a program to teach the Board about various approaches and strategies for conservation and/or any other interested party. He also suggested bringing in a planner to help the Board determine what we want to conserve and how to do it. We would find money in the budget to support that effort. </P> <P>Miller asked if the Board wanted to initiate a text amendment to change this item so it can go back to the Planning Commission. Jones responded the text amendment has to be changed because the Board d&#160;s not want the Planning Staff to impose it. It’s more important to preserve that band of hills and woods that runs from Baldwin to Lone Star, then it is to preserve a little bit of each property. This is the strategy that we ought to be thinking about. </P> <P>Jones directed staff to start initiating a revised text amendment. </P> <P><STRONG>ACOUNTS PAYABLE 04-23-07</STRONG><BR>Johnson moved to approve accounts payable in the amount of $505,401.80 to be paid on 04/23/07. The motion was seconded by Jones and carried 2-0.</P> <P><STRONG>MISCELLANEOUS 04-23-07</STRONG><BR>At 9:55 a.m., Johnson moved that the Board recess into executive session for 15 minutes with Evan Ice, County Counselor; Craig Weinaug, County Administrator; Pam Madl, Assistant County Administrator; and Keith Dabney, Director of Zoning. Jones seconded the motion and it carried 2-0. At 10:10 a.m., Johnson moved for an additional 5-minute extension. Jones seconded and the motion carried 2-0. The Board returned to regular session at 10:15 a.m. No action was taken.</P> <P>Johnson moved to adjourn the meeting. The motion was seconded by Jones&nbsp;and carried.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member</P> <P><BR>ATTEST:</P> <P>_____________________________&nbsp; <BR>Jamie Shew, County Clerk&nbsp;&nbsp;<BR></P>

<P>A joint meeting of the Douglas County Board of Commissioners, with all members present, and the Lawrence City Commission was called to order at 5:00 p.m. by Mayor Sue Hack. Bob Johnson, Chairman Douglas County Board Commissioners, moved to go into executive session with the Lawrence City Commission for one hour. Motion was seconded Jones and carried unanimously. At 6:00, Johnson extended the executive session to 6:20 p.m. </P> <P>The County Commission returned to open session at 6:20 p.m. Charles Jones, member, moved to approve a Declaration Resolution and Declaration Proclamation for Douglas County for local disaster emergencies. The motion was seconded by McElhaney and carried unanimously. </P> <P>Jones moved to adjourn; McElhaney seconded and the motion carried.</P> <P><BR>_____________________________&nbsp;________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Jere McElhaney, Vice Chair</P> <P><BR>ATTEST:</P> <P>_____________________________&nbsp;_________________________ <BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member&nbsp; <BR>&nbsp;<BR></P>

<P>&nbsp;</P> <P>Johnson called the meeting to order at 6:35 p.m. on Wednesday, May 9, 2007&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; with all members present. </P> <P>&nbsp;The minutes for April 18, 2007 were pulled from the agenda.</P> <P><STRONG>CONSENT AGENDA 05-09-07</STRONG><BR>McElhaney moved approval of the following Consent Agenda:</P> <P>&#9658;&nbsp; Commission Order Nos. 07-125 and 07-126 (on file in the office of the&nbsp;County Clerk); <BR>&#9658;&nbsp; Road closure for 1055 Road for approximately four hours for the maple Leaf Parade on October 20, 2007;&nbsp; <BR>&#9658;&nbsp; Notice to Townships for Cereal Malt Beverage Licenses:&nbsp; Pipeline Special Event (Wakarusa Festival) on the premises at 798 N 1415 Road on June 6-10, 2007 only; and Up and Under on the premises at 1329 E 800 Road; and<BR>&#9658;&nbsp; Lone Star Skiing Dates for 2007 as follows:</P> <P><EM>On and between June 1 and Labor Day from 12:00 noon until 8:00 p.m. on Wednesday through Sunday of each week, and on such other days as listed below also from 12:00 noon until 8:00 p.m.: Monday, May 28 (Memorial Day Weekend); and Monday, September 3 (Labor Day Holiday) </EM></P> <P><EM>Skiing shall also be allowed from 12:00 noon until 6:00 p.m. on the following dates: Saturday, September 8; Saturday, September 15; and Saturday, September 22.</EM></P> <P>&#9658;&nbsp; Receipt of fee reports for the month of March 2007.<BR>&nbsp;<BR>The motion was seconded by Johnson and carried unanimously. </P> <P><STRONG>PLANNING 05-09-07</STRONG><BR>The Board considered item CUP-02-02-07 for a Conditional Use Permit for a grass airstrip, tabled from the May 2, 2007 meeting. The airstrip is located at 593 E 1250 Road in Baldwin City, Kansas. James and Barbara Butell, property owners of record, submitted the application. </P> <P>Johnson opened for public comment.</P> <P>James Butell, applicant and property owner, commented on the letter sent to the Commissioners from neighboring property owners, J&#160; and Thea Richards. He also stated in the notification process, 10 letters were mailed out and only one complaint was received. He stated his hobby is no different from anyone else’s. </P> <P>Jones moved to close the public hearing. McElhaney seconded the motion and it carried 3-0.</P> <P>Jones stated if an applicant complies with the permit requirements, he should get a permit. However, there have been issues raised on public health and safety and the way the applicant has treated his neighbors. Last week a letter was handed out that was truculent and belligerent. The letter reinforced that the applicant is a man with a chip on this shoulder. The applicant did try to do the right thing when notified by filing an application to come into compliance. However, Jones stated he is not ready to make a decision. He suggested tabling the item to consult with the County legal counselor to find the Board’s legal responsibilities in bringing forward the complaints from the neighbor, which appear to have legitimacy, to this land use decision. Butell can continue to use the airstrip until a decision is made, so there is no harm from&nbsp; the delay.</P> <P>Jones moved to table the item for a period not-to-exceed six months to consult with the County Counselor. The motion was seconded by McElhaney and carried 3-0.</P> <P><STRONG>ACCOUNTS PAYABLE 05-09-07</STRONG><BR>Jones moved to approve payroll in the amounts of $722,926.12 paid on 05/04/07; $737,679.45 paid on 04/20/07; and $745,681.34 paid on 04/06/07; election payroll in the amount of $20,081.00 paid on 04/07/07; FICA in the amounts of $53,367.50 to be paid on 05/11/07; $54,354.80 and $109.03 paid on 04/27/07; and $26.78 and $55,037.51 paid on 04/13/07; KPERS in the amounts of $58,773.55 to be paid on 05/11/07; $59,005.03 and $75.67 paid on 04/27/07; and $58.50 and $60,153.98 paid on 04/13/07; accounts payable in the amounts of $163,192.78 paid on 05/07/07 and a manual check in the amount of $300.00 paid on 05/09/07. The motion was seconded by McElhaney and carried unanimously.</P> <P>McElhaney moved to adjourn; Johnson seconded and the motion carried.</P> <P><BR>_____________________________&nbsp;________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Vice Chair</P> <P><BR>ATTEST:</P> <P>_____________________________&nbsp;_________________________ <BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member&nbsp; <BR></P>

<P><BR>Johnson called the meeting to order at 2:45 p.m. on Tuesday, May 22, 2007 with two members present. Jere McElhaney was absent.</P> <P><STRONG>APPOINTMENT 05-22-07</STRONG><BR>Johnson moved to approve the appointment of Don Duncan to the Douglas County Investment Committee effective 06/01/07 for a three-year term ending 06/01/10. The motion was seconded by Jones and carried 2-0.</P> <P><STRONG>REGULAR AGENDA 05-22-07</STRONG><BR>The Board discussed the following items to be addressed at the 4:30 p.m. joint meeting with the City Commission and Douglas County Commission:</P> <P>1.&nbsp;Land Use Plans for the southeast area.<BR>2.&nbsp;Availability of treated water to rural water districts.<BR>3.&nbsp;Communications between Commissioners on personnel actions affecting jointly run departments.<BR>4.&nbsp;Discussion of a possible joint City of Lawrence-Douglas County effort to plan future east-west arterial route(s) from highway 59 (south of Lawrence) to K-10.<BR>5.&nbsp;Discussion of possible needed improvements to county and township roads that will provide access to the City’s new wastewater reclamation facility, and the fiscal responsibility for those improvements.</P> <P>At 3:10 p.m., Johnson moved that the Board move into Executive Session until 4:15 p.m. to discuss a matter, which would be deemed, privileged under the attorney-client relationship. The justification is to maintain attorney client privilege on a matter involving the City and Douglas County and a possible third entity. Attendees included Keith Browning, Director of Public Works; Evan Ice, County Counselor; and Craig Weinaug, County Administrator. The motion was seconded by Jones and carried 2-0.</P> <P>At 4:15 p.m., Johnson moved for the Board to return to regular session; Johnson seconded the motion and carried 2-0. No action was taken.</P> <P>Johnson moved to adjourn the meeting; Jones seconded and the motion carried 2-0.</P> <P><BR>_____________________________&nbsp;________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Vice Chair</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_________________________ <BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member&nbsp; </P>

<P>&nbsp;</P> <P>Johnson called the meeting to order at 6:00 p.m. on Wednesday, May 23, 2007 with two members present. McElhaney was absent. Johnson moved for the board to recess into executive session for 30 minutes for the purpose of a consultation with the County Counselor on matters which would be deemed privileged under the attorney-client relationship. The justification is to maintain attorney-client privilege on a matter involving Douglas County. The motion was seconded by Jones and carried 2-0. Also present for the meeting were: Evan Ice, County Counselor; Keith Browning, Director of Public Works; and Craig Weinaug, County Administrator. At 6:30 p.m., Johnson moved to return the Board to regular session. Jones seconded the motion and it carried 2-0. No action was taken. McElhaney arrived at 6:30 p.m. </P> <P><STRONG>PROCLAMATION 05-23-07</STRONG><BR>Debbie Bott, Co-Chair for the Relay for Life Committee for Douglas County, read a Proclamation proclaiming the week June 3-9, 2007 as “Relay for Life Week.” Johnson moved approval of the Proclamation as read; McElhaney seconded and the motion carried 3-0. </P> <P><STRONG>CONSENT AGENDA 05-23-07</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <P>&#9658;&nbsp; Commission Order Nos. 07-127 and 07-131(on file in the office of the County Clerk); <BR>&#9658;&nbsp; Township notification for Area Management Corp. to sell Cereal Malt Beverages on the premises at 1423 East 900 Road; <BR>&#9658;&nbsp; Resolution 07-16 for Cereal Malt Beverage License to Pipeline Productions Special Event (Wakarusa Festival) on premises located at 798 N 1415 Rd, Lawrance, KS on June 6-10, 2007; and Resolution 07-17 for Cereal Malt Beverage License to Up and Under on the premises located at 1329 E 800 Rd, Lawrence, KS;<BR>&#9658;&nbsp; Adoption of the report of the 2007 Annual Review of the Douglas County/Jefferson Counties Regional Solid Waste Management Plan; and<BR>&nbsp;&#9658;&nbsp; Fee Receipts for April 2007 and additional receipts for February and March 2007.<BR>&nbsp;<BR>The motion was seconded by McElhaney and carried 3-0. </P> <P><STRONG>NEIGHBORHOOD REVITALIZATION 05-23-07</STRONG>&nbsp;&nbsp; <BR>The Board considered approval of Resolution 07-18 of the Board of County Commissioners of Douglas County, adopting the City of Lawrence Neighborhood Revitalization Plan and Program for 8th and Pennsylvania District. </P> <P>Johnson moved to open the public hearing to receive comment. Jones seconded and the motion carried 3-0. No comment was offered. Jones moved to close the public hearing; McElhaney seconded and the motion carried 3-0.</P> <P><BR>Jones moved to adopt Resolution 07-18, a Resolution of the Board of County Commissioners of Douglas County, adopting the City of Lawrence Neighborhood Revitalization Plan and Program, 8th and Pennsylvania District. The motion was seconded by McElhaney and carried 3-0.</P> <P>PUBLIC WORKS 05-23-07<BR>The Board considered bids for asphalt overlay on Route 438, DGCO Project No. 2007-5 (formerly Project No. 2002-16, Phase 2). Keith Browning, Director of Public Works, was present for discussion. Bids were opened on May 11, 2007 for asphalt overlay of Route 438 between K-10 and E 1200 Road (Kasold Drive). Base course paving of 4’-wide shoulders for this section of Route 438 was completed last summer at a cost of $83,034.35. This phase will overlay the existing traveled lanes with 3”-4” of asphalt and place a resurface course of asphalt on the new shoulders. The project includes full pavement replacement within 75 feet each side of the bridge located approximately ¾ mile west of Route 7 (E 1150 Road) and AB-3 aggregate shouldering from approximately E 880 Road to E 1200 Road. Four bids were received:</P> <P><STRONG>Bidder&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Total</STRONG><BR>Bettis Asphalt &amp; Construction&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; $553,301.00<BR>LRM Industries, Inc.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; $565,092.15<BR>Asphalt Enterprises Co.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;$592,655.24<BR>Hamm, Inc.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; $599,900.55</P> <P>The contract documents include a price adjustment factor tied to KDOT’s Monthly Asphalt Price Index. The adjustment fact will increase or decrease the asphaltic concrete by $0.50/ton for each $10.00/ton increase or decrease.</P> <P>Jones questioned how the bids compares to last year. Browning stated the price was less expensive this year due to a fluxation in asphalt costs.</P> <P>McElhaney moved to accept the low bid in the amount of $553,301.00 from Bettis Asphalt &amp; Construction to construct Project No. 2007-5, asphalt overlay of Route 438 between K-10 and E 1200 Road (Kasold Drive), and authorize the Public Works Director to approve change orders up to 5% of the construction contract amount. The motion was seconded by Jones and carried 3-0.</P> <P><STRONG>PUBLIC WORKS 05-23-07</STRONG><BR>The Board conducted a public hearing on the Five-Year Plan for federally funded projects to be submitted to KDOT for 2007-2011:</P> <P>-&nbsp;Replacement of Route 442 bridge over Captain Creek just west of Johnson County line (currently under construction with target completion date of September 2007).<BR>-&nbsp;Replacement of Route 1023 bridge over Rock Creek located at 06.97N-01.00E (plans complete; scheduled for January 2008 bid opening).</P> <P>-&nbsp;Replacement of bridge number 09.64N-10.00 at approximately 964 E 1000 Road. The bridge carried E 1000 Road over Washington Creek and has been recommended as priority No. 2, (replacing item Route 1057 bridge over the Wakarusa River awaiting a traffic study as discussed at the May 2, 2007 Commission meeting).</P> <P>Jones moved to open the public hearing; McElhaney seconded and the motion carried 3-0. No public comment was made. McElhaney moved to close the public hearing; Jones seconded and the motion carried 3-0. </P> <P>Johnson moved to approve the five-year plan update as proposed (as specified above) and authorized the Director of Public Works to send the plan to KDOT. The motion was seconded by McElhaney and carried 3-0.</P> <P><STRONG>ZONING AND CODES 05-23-07<BR></STRONG>The Board considered an application for a Public Works Display Permit to shoot Class B fireworks at 1036 E 1326 Road, Lawrence, Kansas on June 30, 2007 at 8:30 p.m. Keith Dabney, Director of Zoning and Codes, was present for the discussion. </P> <P>Jones moved to approve the Class B Public Works Fireworks Display Permit for June 30, 2007. The motion was seconded by Johnson and carried 3-0. </P> <P><STRONG>APPOINTMENT 05-23-07</STRONG><BR>Jones moved to appoint Richard Hird, Lawrence, to the Lawrence-Douglas County Metropolitan Planning Commission, for a three-year term to expire on 05/31/10 replacing the expired term of John Haase; and also Jeff Chaney, Lawrence, to the Lawrence-Douglas County Metropolitan Planning Commission, for a three-year term to expire on 05/31/10 replacing the expired term of Holly Krebs. McElhaney seconded and the motion carried unanimously.&nbsp; <BR>&nbsp;<BR><STRONG>ACCOUNTS PAYABLE 05-23-07</STRONG><BR>Jones moved to approve accounts payable in the amount of $316,492.28 paid on 05/21/07; and manual checks in the amount of $766.23 paid on 05/22/07. The motion was seconded by McElhaney and carried unanimously.</P> <P>McElhaney moved to adjourn; Johnson seconded and the motion carried.</P> <P><BR>_____________________________&nbsp;________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Vice Chair</P> <P><BR>ATTEST:</P> <P>_____________________________&nbsp;_________________________ <BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member&nbsp; <BR></P>

<P><BR>Johnson called the meeting to order at 6:35 p.m. on Wednesday, May 16, 2007&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; with all members present. The Pledge of Allegiance was recited.</P> <P>&nbsp;McElhaney moved to approve the minutes for April 18 and April 30, 2007. The motion was seconded by Jones and carried unanimously.&nbsp;&nbsp; </P> <P><STRONG>PROCLAMATION 05-16-07</STRONG><BR>David Johnson read a Proclamation proclaiming the month of May 2007 as “Mental Health Month.” David Johnson, CEO, Bert Nash, thanked the Board for Douglas County’s contribution to the Bert Nash Center. Bob Johnson moved approval of the Proclamation as read; McElhaney seconded and the motion carried 3-0. </P> <P><STRONG>CONSENT AGENDA 05-16-07</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <P>&#9658;&nbsp; Commission Order Nos. 07-127, 07-128, 07-129 and 07-130 (on file in the office of the County Clerk); <BR>&nbsp;<BR>The motion was seconded by McElhaney and carried unanimously. </P> <P><STRONG>PLANNING 05-16-07</STRONG>&nbsp;&nbsp; <BR>The Board considered item CUP-02-03-07, a Conditional Use Permit for a Child Care Center at First United Methodist Church located at 867 Highway 40. The application was submitted by Tracy Kihm, for First United Methodist Church, property owner of record. Lisa Pool, Lawrence/Douglas County Metropolitan Planning Department, was present for the discussion. Staff recommends approval of the Conditional Use Permit for a Child Care Center at First United Methodist Church and forwarding it to the Board of County Commissioners with a recommendation for approval based on the following findings of fact:</P> <P><STRONG>Zoning and land uses of properties nearby.</STRONG> Properties in each direction are zoned A (Agricultural) District and include agricultural and large-lot single-family residential uses. A parcel across U.S. Highway 40, northeast of the subject property, is zoned B-1 (Neighborhood Business) District and includes a rural residence. </P> <P><STRONG>Character of the area.</STRONG>&nbsp; The area is characterized by rural residences and farmland. The subject property is located just outside the western edge of the Lawrence City limits, and is located within the Urban Growth Area.</P> <P><STRONG>Suitability of subject property for the uses to which it has been restricted.</STRONG> Child care centers are permitted in any county zoning district with a Conditional Use Permit. As a church has existed on the site since 2006, the property has proven its suitability for institutional uses. Additionally, the West 6th Street and K-10 Nodal Plan identified the subject corner as appropriate for public/institutional and office/industrial/warehouse uses. </P> <P><STRONG>Length of time subject property has remained vacant as zoned.</STRONG> The property has been zoned A (Agricultural) District since the adoption of the 1966 County Zoning Regulations. The First Methodist Church has existed on the site since 2006. </P> <P><STRONG>Extent to which approving the rezoning will detrimentally affect nearby properties.</STRONG> The property has been zoned A (Agricultural) District since the adoption of the 1966 County Zoning Regulations. The First United Methodist Church has existed on the site since 2006.</P> <P><STRONG>Extent to which removal of restrictions will detrimentally affect nearby property.</STRONG>&nbsp; The applicant proposes to add the use of a child care center to an existing church. A four-foot tall ornamental steel fence with gate will be added around an existing playground area.</P> <P>Parcels surrounding the proposed project range in size from three acres to 100 acres and include large-lot residences and agricultural uses. The Nodal Plan for West 6th Street and K-10 identifies the subject corner as appropriate for public/institutional/warehouse uses. The plan also calls for office/industrial/ warehouse uses to the north, across W. 6th Street, and commercial uses on the innermost portions of the northeast and southeast corners of the intersection.</P> <P>Per the request of the Kansas Department of Transportation (KDOT), the first seven steps of a Traffic Impact Study (TIS), including technical support regarding turn lanes and site distance information, were submitted with the subject Conditional Use Permit request. KDOT determined that either the existing temporary access point should be removed (with construction of the John Wesley Drive) or a left-turn lane on westbound US-40 should be added to serve the temporary access point. KDOT’s determination was based on several factors. Specifically, KDOT granted the temporary access point with the previous church site plan based on 22 trips in the peak hour on a typical weekday. The TIS submitted for the child care center includes an estimate of 43 trip ends in the a.m. peak hour.</P> <P>As a follow-up to KDOT’s request for a left-turn lane, the applicant’s representative submitted a full TIS to KDOT. Based on the recommendations of the TIS, KDOT recommends that a westbound left-turn lane be added for the temporary access point. This left-turn lane has been shown conceptually on the site plan. A permit application that include scaled plans with details of the area from the west ramp terminus of K-10 to 300 feet west of the site’s temporary driveway should be submitted to KDOT. Approval of the subject CUP is conditioned upon approval of the KDOT permit.</P> <P><STRONG>Relative gain to the public health, safety and welfare by the destruction of the value of the petitioner’s property as compared to the hardship imposed upon the individual landowners.</STRONG> Approval of the First Methodist Church child care center would benefit the church by permitting a child care center during the week. Denial of the request would result in the church not being able to provide child care services for its church members and others. With the addition of a deceleration and left-turn lane into the site, roadway safety concerns will be addressed. </P> <P><STRONG>Conformance with the Comprehensive Plan.</STRONG> The proposed location of the child care center conforms to Horizon 2020 location criteria for school facilities by being located where direct access is provide to an arterial street, W. 6th Street. Additionally, the church property includes ample open space, with 74,981 square feet of building and pavement area on a 1,888,303 square foot property.</P> <P>It is also important to note that the Nodal Plan for West 6th Street and K-10 identifies the subject corner as appropriate for public/institutional and office/industrial/ warehouse uses. The plan also calls for office/industrial/warehouse uses to the north, across W. 6th Street, and commercial uses on the innermost corners of the northeast and southeast corners of the intersection.</P> <P>The Planning Commission recommendation is subject to the following conditions:<BR>1.&nbsp;Documentation of licensure of the child care center from the Kansas Department of Health and Environment.<BR>2.&nbsp;Submittal and approval of a Kansas Department of Transportation permit application that includes scaled plans with details of the area from the west ramp terminus of K-10 to 300 feet west of the site’s temporary driveway.<BR>3.&nbsp;Revision of the site plan to include the following:<BR>a.&nbsp;Revision of the child care center information to include the maximum numbers of classes, children, and teachers expected on each weekday. Information for the pre-school classes and parent’s day out program should be included.<BR>b.&nbsp;Addition of a note, stating that if the number of children or classes is increased beyond the numbers noted on the plan, the Douglas County Zoning Codes Enforcement Officer will be contacted for further instruction.&nbsp; </P> <P>Johnson stated he preferred to issue a 10-year duration for the CUP with a five year review and questioned why the firm number of 52 children. Pool stated the limit was in response to a traffic impact study. The Planning Commission recommends that the Board recommend to KDOT that the speed limit on US-40 be reduced to 45-mph. Jones agreed it was necessary but wants that to go through Keith Browning, Director of Public Works.&nbsp; The applicant’s engineer, Landplan Engineering, is to provide Browning with a copy of the TIS.&nbsp; Browning will then recommend to the BOCC whether or not to follow through on the request to KDOT. </P> <P>Johnson opened for Public Comment.</P> <P>Tracy Kihm, member First United Methodist Church, stated the church has no problem with a 10-year CUP permit and the number of children was based on space and Health Department regulations. </P> <P>Johnson closed the public hearing.</P> <P>Jones moved to approve CUP-02-04-07 Conditional Use Permit for a Child Care Center with the conditions as recommended by the Planning Commission; and that the CUP be amended to reflect the permit will last for 10 years with a review period of five years as consistent with all County CUP’s issued. The motion was seconded by McElhaney and carried 3-0.</P> <P>Johnson directed Craig Weinaug, County Administrator, to forward information to Keith Browning, Director of Public Works, regarding the deceleration and left-turn lane into the site’s temporary drive as addressed in the Traffic Impact Study, and for Browning to contact KDOT regarding this issue. </P> <P><STRONG>PLANNING 05-16-07</STRONG><BR>The Board considered item CUP-03-05-07 a Conditional Use Permit for a Verizon Wireless cellular tower, located at 261 E 1250 Road, Baldwin City, Kansas. The application was submitted by Verizon Wireless for Judy Masur, property owner of record. Sandra Day, Lawrence-Douglas County Metropolitan Planning Department was present for the discussion. Day confirmed the receipt by the Board of the colored copy of an independent study provided by the applicant along with the protest petition. A protest petition was received in the office of the Douglas County Clerk on May 2, 2007 and was certified as valid by the Douglas County Clerk on May 7, 2007. Johnson then clarified that in order for the Conditional Use Permit to be approved, a 3-0 vote is required. The Planning Commission has forwarded the item to the Board with a recommendation of approval based on the following findings of fact:</P> <P>Zoning and land uses of properties nearby. The subject property is zoned for agricultural uses. It is developed with an existing residence located approximately 500 feet west of the existing Highway right-of-way. The proposed tower is approximately 330 feet west of the existing Highway right-of-way. The subject property abuts Highway 59 along the east property line. An existing residential driveway provides access to the house and the proposed cell tower site. Detailed plans are not available from the County Public Works Department at this time, however preliminary highway designs do not indicate that the subject property will be affected or reduced by the proposed highway project (scheduled 2009-2011). The new right-of-way line is estimated to be located several hundred feet to the east of the existing center line of Highway 59. Surrounding uses include existing rural residential homes along the Highway frontage as well as existing.</P> <P>Character of the area. The character of the area includes rural residential homes and agricultural fields and activities. The subject property is located south of the Highway 56/59 intersection known as Baldwin Junction. </P> <P>Suitability of subject property for the uses to which it has been restricted. The current zoning of the subject property will not be altered by the proposed request. </P> <P>The subject property is zoned A (Agricultural) and the existing and proposed uses consistent with the recommended land use of the County Zoning Regulations.</P> <P>Length of time subject property has remained vacant as zoned. The subject property is developed with an existing home on 59.4 acres. The property has been zoned for agricultural purposes since 1966.</P> <P>Extent to which approving the rezoning will detrimentally affect nearby properties. Approval of a Conditional Use Permit d&#160;s not amend the base zoning district requirements and land use limitations that exist for the subject property. Detrimental effects are related to aesthetic concerns as expressed by residents of the area. Placement of the tower in relationship to the existing private air strip d&#160;s require additional consideration as noted in the review with regard to lighting and marking (painting) of the proposed tower.</P> <P>Relative gain to the public health, safety and welfare by the destruction of the value of the petitioner’s property as compared to the hardship imposed upon the individual landowners. There are no apparent physical detriments to the public health, safety, and welfare by the proposed request. Impacts to the area are one of an aesthetic nature as noted by comments received by staff during the review period from property owners in the area.</P> <P>Conformance with the Comprehensive Plan. <EM>Horizon 2020</EM> d&#160;s not directly address the issue of conditional uses. The plan provides basic guidance regarding major infrastructure improvements and urges that such uses be carefully planned and provided. The provision of such services should be focused in existing service areas to address growth. Additionally, placement and visual appearance are a key consideration in creating compatibility. The plan notes that extension of electric and hard phone service connections to the proposed tower site will be underground.</P> <P>The Planning Commission recommendation is subject to the following conditions:</P> <P>1.&nbsp;Provision of a revised site plan to show the following:<BR>a.&nbsp;Proposed landscape around the enclosure of the tower base per staff approval;<BR>b.&nbsp;Dimensions of the tower from the south property line;<BR>2.&nbsp;Provision of a revised site plan to include the following notes per Section 19-4 (31) (c) (4&amp;5)<BR>a.&nbsp;“Any tower that is not in use for a period of three continuous years, or more, shall be removed by the owner at the owner’s expense. Failure to remove the tower pursuant to non-use may result in removal and assessment of cost to the owner of the tower.”<BR>b.&nbsp;“A sign shall be posted on the exterior of the fence around the base of the tower noting the name and telephone number of the tower owner and operator.”<BR>c.&nbsp;“The tower owner/operator shall submit a letter to the Planning Office by July 1st of each year listing the current users and types of antenna located on the approved tower (Reference CUP-03-05-07 in the letter).”<BR>3.&nbsp;Provision of a revised site plan to include a landscape plan compliant with Section 19A-4 (10) that notes the size and type of landscape per staff approval.<BR>4.&nbsp;Approval of a Floodplain Development Permit by the County Building and Zoning Department as applicable.&nbsp; </P> <P>Day provided a location map of the subject property and approximate location of the proposed tower. She said that Planning Staff recommends revising Condition No. 3 to state that the ground-mounted equipment be screened with solid fencing on all four sides. The location of the tower placement on the subject property was discussed with relevance as to the location of an existing runway and the limitation of obstructions. The location of tower setback, as submitted, is within the requirements of the code. Regarding the impact from KDOT Highway 59 alignment project, only a small amount of land will be affected, with no negative affect on the tower or placement requirements.&nbsp; </P> <P>Curtis Holland, attorney with Polsonelli Law firm representing Verizon Wireless, was present for discussion. Also in the audience representing Verizon Wireless were Dan Fagan, Real Estate Manager with Verizon Wireless; and Sherry Edwards, project manager with Selective Site Consultants. Holland stated there is a need for a tower facility in southern Douglas County to enhance coverage in the area for a dual purpose: an 850 MHz (cellular) license and a 1900 MHz (PCS) license.&nbsp; The location is intended to allow Verizon coverage to county line without encroaching its cellular signals too far into Franklin County.&nbsp;&nbsp; He noted the Planning Staff and the Planning Commission recommend approval. He stated that an original application submitted to the Planning Commission (for a different site in a different CUP application) received a 5-4 vote, and the application in question received a 6-0-1 vote. Holland stated Verizon took the surrounding property owners recommendation and chose a site Verizon thought the surrounding property owners would approve. There is an airstrip approximately 900’ feet from the proposed site, that is only used during the daytime. The tower would also have a significant buffer of about 400’ from the roadway. After hearing concerns from the last meeting, especially Mr. Jones’ statements, Verizon retained services of a third party, Trott Communications. He stated that Trott submitted a report that confirms the tower is needed. Verizon flew in Raymond Trott, Trott Communications, from Irving, Texas to answer questions regarding the report. Holland stated most of us can not get by without having our phones on our hip. Phones are more than a devise to make a phone call, they are a computer. Also, the public benefits by having another source for 911 access. The tower will provide enhanced coverage to Verizon customers in this portion of the County and meets County standards.</P> <P>Jones asked Holland to describe the coverage problems in the area that would be addressed by this tower. Holland addressed the request by showing a propagation map, illustrating where the towers are located and the type of cellular (850Mhz) coverage, but d&#160;sn’t show 1900 MHz coverage. Red shows significant coverage (commercial building coverage), yellow shows the second best coverage (phone service in vehicles and residential structures); darker green showed serviceable coverage (phone service in vehicles, serviceable but not extremely reliable), white showed unreliable coverage. Holland showed an existing coverage map and then showed a preferred coverage map, with the additional tower.</P> <P>Johnson asked if a new tower would create a red blob or significant coverage.&nbsp; Holland responded that the tower would extend the red area to a point acceptable to Verizon to the Franklin County line. Jones asked Holland to clarify if he was saying there is no coverage at all in that area. Holland responded when speaking in the industry we say ‘no coverage,’ but that means it is not good coverage. A user could get a signal in some area. He stated this tower is our last option. Jones asked if Verizon has information related to dropped calls.&nbsp; Holland responded that Verizon d&#160;s not have that data available, but it would not be pursuing this option if it did not feel it needs a tower in this area.</P> <P>Johnson asked if Verizon is agreeable with Condition No. 3, on the screening issue as recommended it be revised by Planning Staff. Holland responded Verizon is willing to comply any way the Board requests. Day clarified that Condition No. 3, as revised per Planning Staff recommendation, is written in response to stated neighbor concerns.</P> <P>McElhaney asked if a 100’ tower would serve the purpose. Holland responded that it would not. The tower could be higher, but 150’ is a community standard height and Verizon wanted to minimize its impact. McElhaney asked why County-line is a critical issue. Holland responded that Verizon d&#160;s not have a license to extend its FCC license into Franklin County. A signal might slightly encroach into Franklin County but Verizon would enter into an agreement with the Franklin County licensee to permit the encroachment. McElhaney stated he did not see boring logs or soil conditions analysis to support a 150’ tower. Holland said he did not provide that information with the application, but was sure it was investigated. Holland stated the client will submit construction plans to be approved through the building permitting process and is confident that won’t be an issue. </P> <P>Johnson asked if the tower would provide for additional co-locations. Holland responded it would accommodate three additional carrier platforms, but no other co-location agreements for this tower are in place today. </P> <P>McElhaney asked what the distance of the site is to the closest existing tower. Holland stated to the north probably about four miles. Jones asked how co-location on those surrounding towers would affect coverage. Holland stated that Verizon is going to co-locate on a tower that is west probably about five miles. Holland replied Verizon is already co-locating on other area towers. He stated Verizon tries to co-locate whenever possible because it is less expensive. </P> <P>Jones asked Day if there are there other providers who have expressed concern about coverage in this area or expressed that they have adequate coverage in this area. Day responded she is not aware of concerns of any other providers in this area. The communication Staff has had with various providers has primarily expressed interest in the urban area. Verizon has been active in providing coverage for the rural area. </P> <P>Jones asked if other carriers have adequate coverage in the rural area.&nbsp; Day said she could not confirm that. She stated she spoke with Jim Denny, Director of Emergency Communications, and he has identified this area for emergency purposes as a general area the County is interested in, maybe not this tower. This tower may not fit 100% with plans, but his department would look at it. Jones asked for the location of any other elevated structures or water towers in the area. Day used a map to identify all water towers in the area and noted the lack of suitable options.</P> <P>Jones questioned if the entire map needs to be red (best possible coverage), or can it be simply green, and how short that tower could be and still provide unbroken green coverage. Holland responded that this tower height is the lowest level and provide reliable coverage. Jones asked if “reliable” means cell phone coverage in cars. Holland stated that this is the height. There is no difference between a 130’ tall tower and a 150’ tall tower. Holland stated to have a recognizably different appearance, the tower would have to be half this height. </P> <P>McElhaney asked Day to explain why there are two different maps. Day stated there are two sets of propagation maps, one was prepared by Verizon as part of the applicant packet and is part of the justification booklet. An independent consultant prepared the other set of maps. There is a difference between the sets because the model used to generate the maps was different. The same thing could be said for a flood plain, and how you model that floodplain can produce a different boundary. </P> <P>McElhaney asked which model or coverage area is correct. Day stated there is probably in the engineering field, some margin of error based on the modeling you are using. Both reports support the statement that Verizon makes that their coverage is not what they want it to be. Johnson stated the point is two models were used that come to the same conclusion. Day clarified, “generally” the same conclusion. </P> <P>Holland stated Verizon spends millions of dollars on software capabilities and RF engineers, certifying and training them. The reason for the difference may be the different software programs. There are subtle differences in the way different carriers operate systems, and different antenna platforms from which they operate and angles antenna are pointed. </P> <P>Jones stated he is really struggling with what the County owes. Since the last discussion, he’s been doing a lot of reading and thinks the County d&#160;s not owe Verizon red coverage across the entire County and d&#160;sn’t know if that’s a </P> <P>requirement of anybody. Jones stated that he thinks maybe what the County is required to permit is coverage so that people can get cell phone coverage from some provider. Jones asked what minimum tower locations can be done to get green in the white areas. Holland stated he agrees that people are not entitled to red across the County, and that doing that would probably cost more than it is worth. He stated Verizon is trying to enhance coverage in southern Douglas County. </P> <P>Jones stated his concern is not with Verizon, but with the citizens of Douglas County. Jones stated he believes cell users have the right to coverage. If no one is providing adequate coverage, then Verizon has a much more compelling case in terms of demand. However, if someone else is providing adequate coverage, he feels the need of the citizens is met. Users may have to go to a different provider, but the need of the citizens would be met. Holland stated that the truth is, given the location of the existing towering structures in the area, he guesses that other carriers would like to have better coverage in this area. They may have not submitted an application for a number of reasons, including budgetary reasons. Holland stated he would be surprised if this tower d&#160;s not turn out to be a multi-carrier site.&nbsp;&nbsp; </P> <P>Jones stated that a demand from other carriers and a multi-carrier site would be a compelling point. Jones stated he is troubled by something Holland said at the last hearing, when Jones asked, “Why don’t the companies get together and come in with a sort of minimum towers needed to provide adequate coverage1/2” Holland answered the question that each system is different and there is no way for that type of coordination to occur, which means to Jones that everybody makes the argument that it has to have a tower too. Holland responded, that is not true, otherwise, Verizon would not be co-locating on all the other sites. In addition, the lower the tower height, the less opportunity to provide for co-location. If you increase the tower to 200’, you get the most for your money. This proposal is a compromise for Verizon. Jones questioned why is it not feasible to get together with Cingular or other providers to decide if this is the most efficient tower to put up. Holland responded because antitrust issues may come into play when you start talking to your competitors.&nbsp; Jones asked how that can be true and also permit co-locating.&nbsp; Holland admitted that providers do discuss tower locations when they discuss co-locations.</P> <P>Johnson stated the City of Lawrence has gone to a third party review. The County has not decided to make that move, but the County is interested and will watch the results from the City.&nbsp;&nbsp; </P> <P>Daniel Fagan, Agalon Communications and contractor to Verizon, stated the previous map and understanding of coverage is best analogy. It is a prediction tool to predict where the most dropped calls will happen. The decision for third party review was a proactive decision to address any concerns the Board may have.</P> <P>Raymond C. Trott, professional engineer with Trott Communications Group, stated the model he used is different from Verizon, having some minor differences in terrain and land features. He stated he was contracted to do an independent review of <BR>Verizon coverage, which is slightly different from Verizon maps, but basically, it d&#160;s say that there will be coverage problems along Highway 56 without the requested site, with several dropped calls suspected. He stated originally a carrier would find the tallest tower in the area and give it the most power the FCC would allow. The cellular systems today are very sophisticated and site critical which sometimes makes it difficult to co-locate. Every carrier has his own system the way it is designed and can not always utilize a different site. </P> <P>Johnson questioned what information heard this evening is not accurate. Trott stated maybe not everything was right on, but it fits the requirements.</P> <P>Johnson opened the meeting for public comment.</P> <P>Shelly Schmidt, neighbor north of subject property, is opposed to the proposed tower.&nbsp; She stated she has had Verizon for 15 years, with five lines that always work. She would have changed providers if she were not satisfied.&nbsp; She stated she is opposed to the tower and is concerned it will affect her property value and make it difficult for her to sell her property.</P> <P>Ronald Schneider, attorney for property owner Judy Masur, stated she supports the request. He stated he lives in Grant Township (north of Lawrence) and has personally gone through three carriers up there, with the expectation for better reception.&nbsp; Some days are better than other days. Also, he has tried to rely on cells for internet services, but it is not consistently reliable. He has personally experienced dropped calls, and they are a terrible inconvenience. He thinks there are public concerns here. He stated the Board’s responsibility is not to Verizon or his particular client, but there is a public policy question here. He understands that there is a need for a tower at this location.&nbsp; He stated the proposed contract with Verizon that they are negotiating d&#160;s provide for multiple carriers. </P> <P>Marshall Hoyt, 1223 N 200 Road, is opposed to the proposed tower. He stated landlines are not obsolete. He is opposed to the tower because its presence ruins the rural landscape. He stated he has used 911 and life flight and it works well. He d&#160;sn’t appreciate using a fear factor to promote the tower. His cell coverage in the area is outstanding.&nbsp; He has a neighbor who lives 400 yards away who uses Verizon and has outstanding coverage.&nbsp; The tower would be an eyesore.<BR>&nbsp;<BR>Donna Saile, 227 E 1250 Road, is opposed to the proposed tower.&nbsp; She lives just south of the subject property.&nbsp; She stated she believes the tower will affect property values—houses are not built around towers. She questions the need for another tower when there are already three in the area. </P> <P>Judy Masur, 261 E 1250 Road, owner of property in question, stated she supports the need for another tower. She feels the tower will add to the surrounding property values. Cell coverage allows her to telecommunicate via computer internet connection, and her house security system is a cellular system. Landlines are long distance to every community without a “594” prefix and the cell coverage gives her other options to avoid long distance charges. She thinks the ability to telecommunicate increases the marketability of property in this area.</P> <P>Jason Nexter said he lives a long way from this area. He d&#160;s not have a cell phone and wouldn’t have one if someone gave it to him, but he stated he has two cell towers close to his property with a flashing light and he got used to it and feels the towers do not affect his property value.</P> <P>Jim Mullins, Lawrence resident, stated that as a traveling salesman he uses cell phones a lot. He has Cingular and experienced three dropped phone calls today between Topeka and Manhattan.&nbsp; He has experienced dropped calls between Lawrence and Ottawa. He stated support for the tower.&nbsp; </P> <P>Jones moved to close the public comment. McElhaney seconded and the motion carried 3-0.</P> <P>Johnson stated he was in favor of the tower and voted for the last application submitted by the applicant because he felt the applicant met the code requirements. He said this is exactly the same situation as the applicant’s last tower application, with a different location and a different set of faces. Johnson stated he believes that the applicant has met all the requirements for the placement of the tower conditions and he d&#160;s not see any basis for denial. He understands the arguments from the surrounding property owners, but stated if we are going to have regulations and create standards, and hold people to these standards, then when the regulations are met, we are obligated to support them.</P> <P>McElhaney stated it needs to be noted it was asked of the applicant at the prior Board meeting that if a revised location was brought forward, various criteria had to be met by this bench and further studies had to be done. The applicant has made great strides with the requests from this Commission. McElhaney noted that the applicant has twice been approved by the Planning Commission and twice Staff has recommended approval to the Commission. He feels the Board can approve on a 10-year CUP with a 5-year review with conditions the same as has been forwarded to the Board, but with an amendment to Condition No. 3 discussed earlier. He will vote for approval based on new information submitted with this application.</P> <P>Jones stated he wants to make a correction as reflected in the minutes. One of the Planning Commissioners asked Staff why the Board did not vote for the prior application and Staff apparently answered that there are those who are opposed to it. Jones stated a much more accurate interpretation is in the minutes where we talk about co-location possibilities. Jones said he thinks we need to have an adequate number of cell towers to provide basic services, but d&#160;sn’t really consider internet and other things basic services. He also stated if the Board is going to set a standard that everybody should have perfectly accessible connections to support their computers and other things, he thinks we’re talking about many, many more towers than we’ve ever anticipated. We’d need to have red basically across the entire County. Maybe we’re not there yet, but that’s a lot bigger bite then he feels comfortable taking. He noted specifically in comparing the two propagation maps, the one provided by the client and then the one provided by Mr. Trott, that there is a significant difference. If you take a look at them side by side, you will see that the coverage on the Trott map appears to be, especially in terms of the yellow, the second tier coverage, a much broader footprint then what is indicated in the applicant’s map. And there are very few areas of white on the Trott coverage map within the footprint that has been sited by the applicant. He believes the Trott propagation map indicates that there is adequate coverage.&nbsp; He d&#160;sn’t agree with the point that if an applicant meets whatever the literal requirements are then that means it has the right to build a tower. If that was the case, then we’d never have public hearings and the public’s opinion wouldn’t matter—there would be no need for a CUP, it would be automatic. The fact of the matter is there’s always two sides to the coin, there’s always the need to balance the interests of the community with the interests of Verizon. And in this instance, he d&#160;s think there is clearly some adverse impact, in terms of at least the aesthetics. His goal has always and consistently been to have the fewest number of towers to achieve adequate coverage. He finds it very frustrating when Verizon or any other company steps forward and says they can’t possibly coordinate the location of towers in that fashion, and can’t do it in an advance sort of setting where we would sit down with a map and draw the minimum number of towers to provide adequate coverage and then go from that basic plan, as opposed to having a company come in and say, “We want to build a tower and we’re pretty sure everyone else is going to jump on.” Maybe they are and maybe they aren’t. But that’s not really planning and d&#160;sn’t achieve the goal of having the fewest number of towers to provide adequate coverage. </P> <P>He stated he is going to vote against the application based on statements above.&nbsp; The other map (the Trott propagation study) suggests coverage is not as bad as the applicant’s map seems to indicate. Also, he thinks a tower at this location is inconsistent and incompatible with the other uses in the area. He is persuaded that they’ve got yellow, and they want red, and he is not convinced that red in this area is what they are entitled or what society owes to them. </P> <P>Jones stated the industry keeps coming to the County and saying, “You have to give us this.” He suggested the providers need to come in as a group and tell the County what they need and what brings the maximum amount of coverage with the least amount of towers, and then he would agree. But for each company to come to advocate its own position is creating a scenario that is adverse to the public.<BR>&nbsp;<BR>Johnson questioned if that is realistic. He stated we are then saying Douglas County could decide through its own planning and issues how many towers there should be and the level of coverage there should be. He d&#160;s not believe the Board would have the will of the community to do those things, even if the Board legally could. Johnson stated, if the Board sets the standards and the applicant meets the standard, he d&#160;s not feel you can vote against them. </P> <P>Jones stated there were a number of Planning Commissioners that expressed apprehension and he d&#160;s not think staff framed the issues very well. There are also other issues. He stated that we have talked about having a third party review look at this in the past. In this instance a third party has reviewed and the maps look significantly different.</P> <P>Johnson stated the expert supported the request from Verizon. Jones responded that the expert only said that there would be a few dropped phone calls without the tower.</P> <P>Holland requested the item be voted out. Jones suggested that if Verizon brings the item back to the Board with a commitment from other cell companies to co-locate, he would support the application.</P> <P>Johnson moved to approve CUP 03-05-07 Conditional Use Permit for a Verizon Wireless communications tower for a 10 year period with a 5-year review, with the conditions as recommended by the Planning Commission and an amendment to Condition No. 3 as recommended by Planning Staff. The motion was seconded by McElhaney. Jones voted in opposition. The vote was 2-1.&nbsp;&nbsp; Therefore, CUP 03-05-07 was not approved based on a valid protest petition requiring a ¾ vote of the Board (i.e. a unanimous vote).</P> <P><STRONG>PUBLIC WORK 05-16-07</STRONG><BR>Cody Bryant, advisory committee, brought questions on the following items to the Board regarding the Hesper Charter Road Improvement District:<BR>1.&nbsp;A request to post a sign to prohibit commercial truck traffic;<BR>2.&nbsp;An expense sheet for maintenance and upkeep;<BR>3.&nbsp;Condition of road where pot holes have developed. </P> <P>Johnson stated he is not prepared to address these issues tonight. The information will be given to Keith Browning, Director of Public Works for review and he will bring to back the Board for discussion. McElhaney asked for the previous traffic count. Jones asked how soon Browning could respond to the issues. Browning stated he could respond quickly, acknowledging some patching is needed. No action was taken.</P> <P><STRONG>PUBLIC WORKS 05-16-07</STRONG><BR>The Board discussed the treatment of vegetation in the southwest arm of Lone Star Lake. Keith Browning, Director of Public Works, was present for the discussion. Browning stated he did not know why the weed is growing, but last year’s treatment was effective. </P> <P>Jones asked how many treatments were provided last year. Browning stated just one. Mike Perkins, Operations Division Manager for Douglas County Public Works, stated the curly leaf pondweed is a cool weather plant that wilts when the weather turns warmer. Jones asked how many docks it affects. Perkins stated 50-60 percent. Jones asked if the Department of Wildlife and Parks recommended Aquathol K and what is its impact on fish. Perkins stated if we wanted to take care of the problem immediately, Wildlife and Parks recommended using Aquathol K. The amount the County used to spray and the dilution from the lake will have no affect on the fish. It was advised to not swim for 24 hours or eat fish for three days. Jones asked if there was any evidence of dead fish. Perkins stated “no.” </P> <P>Johnson opened for public comment.</P> <P>Clair L. Kyszmaul, President of Lone Star Lake Association, stated he is not opposed to proper chemical treatment of the lake. He stated he d&#160;s not see the weeds dying away during hot weather. There are approximately 80 lots, 40 owners and 30 docks. He stated there are other members of the association in the audience that support the treatment.</P> <P>Jerry Morton, 3121 Lance Court, Lawrence, and Lone Star Lake cabin owner, stated no one in the Lone Star Lake Association is opposed to the treatment. The fishing and boating was better after the treatment. </P> <P>A Lone Star resident stated his support of the treatment. Last year the weeds were much worse. The weed problem was so bad he could not maneuver a boat. The weeds were so bad you can’t fish from the shoreline. </P> <P>Pat Kehde, resident, stated her husband is a professional fisherman for 35 years. She brought in samples of the weeds. She stated concerns that long-term herbicide use could poison the lake.</P> <P>Perkins stated the weed problem starts in May and runs about six weeks. </P> <P>Bill Shultize, resident, addressed the vegetation problem and stated you cannot fish from the shoreline. He also stated concerns that prolonged vegetation will lead to death of fish and suggested proper maintenance for entire the lake. </P> <P>McElhaney moved to close the public comment; Jones seconded and the motion carried 3-0.</P> <P>Jones stated he didn’t see an alternative but to treat the vegetation. He suggested a shared cost with the lake association and stated the long term seems to be a bigger problem. </P> <P>McElhaney agreed a treatment is necessary and suggested a $25 fee be added to the lot owners.</P> <P>Craig Weinaug, County Administrator, suggested the County pay for this year, and for the Lake Association to work out a fee for members for next year.</P> <P>Jones moved to approve the treatment to spray the vegetation in the southwest arm of Lone Star Lake, but with the understanding, a payment plan will be worked out for next year with the Lone Star Lake Association. McElhaney seconded the motion and it carried 3-0.</P> <P><STRONG>ACCOUNTS PAYABLE 05-16-07</STRONG><BR>Jones moved to approve payroll in the amount of $659,116.32 paid on 05/14/07; and manual checks in the amounts of $220.00 paid on 05/07/07 and $300.00 paid on 05/16/07. The motion was seconded by McElhaney and carried unanimously.</P> <P>McElhaney moved to adjourn; Johnson seconded and the motion carried.</P> <P><BR>_____________________________&nbsp;________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Jere McElhaney, Vice Chair</P> <P><BR>ATTEST:</P> <P>_____________________________&nbsp;_________________________ <BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member<BR></P>

<P>Johnson called the meeting to order at 8:30 a.m. on Monday, June 4, 2007 with all members present. </P> <P>McElhaney moved to approve the minutes of May 2, May 8, May 9, May 22 and May 23, 2007 as amended. The motion was seconded by Jones and carried 3-0.</P> <P><STRONG>CONSENT AGENDA 06-04-07<BR></STRONG>Jones moved approval of the following Consent Agenda:</P> <P>&#9658;&nbsp; Commission Order No. 07-132 (on file in the office of the <BR>County Clerk); <BR>&#9658;&nbsp; Cereal Malt Beverage License to Area Management Corp for consumption on the premises located at 1423 E 900 Rd., Lawrence, KS 66044; <BR>&#9658;&nbsp;Request for Construction Project (DOT Form 1302) for the replacement of Douglas County bridge number 09.64N-10.00E for Five-Year Plan Project; and<BR>&#9658;&nbsp;Solicit bids for Project No. 2006-12, benefit district improvements to N 600 Road from Route 1055 (E 1700 Road) to 1750 road.</P> <P>The motion was seconded by McElhaney and carried 3-0.</P> <P><STRONG>MISCELLANEOUS 06-04-07</STRONG><BR>Paul Bahnmaier, President of the Lane Museum, asked the Board for their support encouraging the citizens of Douglas County to vote for the Constitution Hall State Historic Site in Lecompton as one of the Eight Wonders of Kansas. The Board directed Craig Weinaug, County Administrator, to draft a proclamation for the June 11, 2007 meeting.</P> <P>Bahnmaier thanked Keith Browning, Director of Public Works, for keeping the residents of Lecompton apprised of the Lecompton Bridge project. Browning stated the project is still on schedule for completion on August 12, 2007.</P> <P><STRONG>CAPITAL IMPROVEMENT PLAN 06-04-07</STRONG><BR>The Board discussed the 2007 Capital Improvement Project (CIP) summary. Pam Madl, Assistant County Administrator, led the discussion. The total available fund balance for 2007 is $10,463,406. Jeff Dingman, City Administrator for Baldwin City, asked for verification that project Route 1055 (6th St. Baldwin) from Indiana to south city limit was listed in the CIP. Keith Browning, Director of Public Works, verified the project is listed with construction planned for 2008. Dingman also requested the improvement of Route 1055 (6th Street) from U.S. Highway 56 north to Route 12 (N 400 Road) be added to the project list due to rapid development in the area. Browning discussed the need for upgrading county roads, beyond just maintenance, for future projects. The Board also discussed other long term project needs. No action was taken.</P> <P><STRONG>ACCOUNTS PAYABLE 06-04-07</STRONG><BR>McElhaney moved to approve accounts payable he amounts of $131,912.31 paid on 05/29/07; and $281,604.21 paid on 06/04/07. The motion was seconded by Jones and carried unanimously.</P> <P><STRONG>APPOINTMENTS 06-04-07</STRONG><BR>The Board noted receipt of the resignation of Eugene Westerhouse from the Eudora Township. Jones made a motion to appoint Keith Knabe, Eudora, Kansas, to fill the remainder of Mr. Westerhouse’s unexpired term and until a successor is elected and qualified. The motion was seconded by McElhaney and carried unanimously</P> <P>McElhaney moved to adjourn; Johnson seconded and the motion carried.</P> <P><BR>_____________________________&nbsp;________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Jere McElhaney, Vice Chair</P> <P><BR>ATTEST:</P> <P>_____________________________&nbsp;_________________________ <BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member&nbsp; <BR></P>

<P>Johnson called the meeting to order at 8:30 a.m. on Monday, June 11, 2007 with all members present. </P> <P><STRONG>PROCLAMATION 06-11-07</STRONG><BR>Paul Bahnmaier, President of the Lane Museum, read a Proclamation proclaiming the June 1 through December 31, 2007 as “Voting days for the 8 Wonders of Kansas.” Johnson moved approval of the Proclamation as read; Jones seconded and the motion carried unanimously.</P> <P><STRONG>CONSENT AGENDA 06-11-07<BR></STRONG>Johnson moved approval of the following Consent Agenda:</P> <P>&#9658;&nbsp; Commission Order No. 07-133, 07-134 and 07-135 (on file in the office of the County Clerk); <BR>&#9658;&nbsp; Resolution 07-20 of the Board of County Commissioners of Douglas County, Kansas adopting text amendments to the Zoning Regulations for the unincorporated territory of Douglas County, Kansas relating to fireworks stands; </P> <P>The motion was seconded by Jones and carried 3-0.</P> <P><STRONG>ZONING &amp; CODES/RESOLUTIONS&nbsp; 06-11-07</STRONG><BR>The Board discussed Home Rule Resolution No. 07-6-4 and Home Rule No.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 07-6-5 pulled from the Wednesday, June 13, 2007 agenda and added to the&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; June 11, 2007 meeting. </P> <P>Jones moved to approve Home Rule Resolution No. 07-6-4 of the Board of County Commissioners of Douglas County, Kansas relating to and amending and restating Article 2 of Chapter VI of the Douglas County Code, regulating the use of fireworks and the issuance and conditions of permits for the sale of fireworks in the unincorporated areas of Douglas County, Kansas; and Home Rule Resolution No. 07-6-5 of the Board of County Commissioners of Douglas County, Kansas Amending Requirements and Regulations on Firework Displays. McElhaney seconded the motion and it carried unanimously.</P> <P><STRONG>PLANNING 06-11-07<BR></STRONG>The Board discussed item CUP-04-06-07 Conditional use Permit for Lakeside Storage located at E 900 Road. Sandra Day, Lawrence/Douglas County Metropolitan Planning Department led the discussion. The application was submitted by Robert D. Voth, for Windover Community of Lawrence LLC, property owner of record. The subject property is located on the west side of K-10 Highway. The CUP requests use for both a mini-storage use, as well as, space within the facility for conventional boat storage. A portion of the site is designated for future commercial development on the east end. Staff recommends approval of a Conditional Use Permit CUP-04-06-07 for mini storage with a recommendation for approval based&nbsp; on the following findings of fact:</P> <P>Zoning and uses of properties nearby. The subject property is surrounded by undeveloped property to the north and west. It abuts existing commercial property to the south. The area to the east of K-10 Highway is developed with residential homes on large lots. The subject property has been approved for commercial zoning.</P> <P>Character of the area. The character of the area is currently defined by the presence of nearby Clinton Lake and the state park. It is expected that this character will change as development pressures increase and the subject property and surrounding properties to the north and west are annexed into the City of Lawrence. The areas’ character will ultimately be redefined based on planning and development activity.</P> <P>Suitability of subject property for the uses to which it ahs been restricted. The proposed Conditional Use Permit is consistent with the location standards for mini-storage. The location is within the City of Lawrence Urban Growth Area and access to the site provided via a paved road classified as a minor arterial thoroughfare according to the Douglas County Major Thoroughfares Map in Horizon 2020.</P> <P>Length of time subject property has remained vacant as zoned. The subject property is undeveloped and has historically been used for agricultural activities. The subject property is also part of a land development request that included annexation and rezoning for residential purposes, but was not approved. </P> <P>Extent to which removal of restrictions will detrimentally affect nearby property. The proposed Conditional Use Permit will not alter the base zoning district which allows for a variety of commercial uses. The surrounding area is undeveloped. The subject property is an identified commercial “node” in Horizon 2020. There is not anticipated detrimental impact or affect on adjacent properties as a result of approval of the proposed Conditional Use Permit. </P> <P>Relative gain to the public health, safety and welfare by the destruction of the value of the petitioner’s property as compared to the hardship imposed upon the individual landowners. Approval of the request will not impact the public health and safety either positively or negatively. Approval of the request will allow for development of the subject property consistent with approved design guidelines. Approval will also provide the property owner with an interim use before City utilities are close enough for urban development. </P> <P>Conformance with the comprehensive plan. The comprehensive plan supports the expansion of existing commercial areas. Attention should be paid to the site design issued to address both the short-term rural nature of the surrounding area and long-term planned annexation of the area in site design. The proposed request is consistent with recommended land use policies for the area.</P> <P>AND subject to the following conditions:</P> <P>1.&nbsp;Recording of the final plat with the Register of Deeds Office prior to release of the Conditional Use Permit for issuance of a building permit;<BR>2.&nbsp;Publication of a rezoning resolution to B-3;<BR>3.&nbsp;Provision of a revised site plan to note that door openings for building D are limited to the north side; <BR>4.&nbsp;Provision of a revised landscape plan to include an extension of the eastern line of landscaping that was required of the property immediately to the south; and<BR>5.&nbsp;Provision of a revised plat that updates the legal description to only that portion that includes the access and storage facility.</P> <P>McElhaney asked for Day to describe the area plan west of the South Lawrence Trafficway. Day stated the area has been identified as commercial node in the Comprehensive Plan. The balance of land is unscheduled. </P> <P>Johnson asked which sides of the property would be screened. Day answered that the west, north and east sides would be screened. Johnson asked if the east screening would be on the east end of the property or along the east end of the mini-storage. Day stated the Planning Commission changed the screening to be along the right-of-way as required for the Clinton Cove property, to extend a continuous greenscape along the road right-of-way.</P> <P>Jones asked if a live-in manager would be present on the site. Stan Hernly, Hernly Architects representing the applicant, stated there would only be an office with no live in. Hernly stated that one of the reasons for moving forward showing development on six acres was to leave the bulk of land open for flexibility and potential development into a larger plan. </P> <P>Day discussed the predicted development in the areas as being residential in some form. The density and type is under discussion. The arterial road will continue to the north with some type of intersection. A number of options have been discussed. Staff has tried to be very carefully not to negatively impact what will be occurring in this area, leaving the greatest number of opportunities open. </P> <P>Jones asked Hernly what type of lighting arrangement will be used for this property and fencing. Hernly stated low-level, building-mounted lighting with chain link fencing. Day stated she did look at the photometric plan and the lighting levels at the property lines are very close to zero. Johnson opened for public comment.</P> <P>Andy Cope, property owner to south, stated he also has a self-storage facility and is opposed to having another mini-storage competing adjacent to his property. He suggested tying his triangle piece of commercial property into the applicants property to develop an upscale commercial strip. He stated concerns for the market value of the commercial property by blocking other commercial use with a small-developed tract of land.</P> <P>Jones asked Cope if he has acquired a CUP. Cope replied he applied for a CUP permit last month. Day stated if the applicant chooses to build on this piece of property, a mini storage is what he will build. He can also choose not to build. Either way, he will have to meet minimum standards. </P> <P>Hernly responded to Cope’s comments by stating he appreciated Cope’s investment to our community. If the applicant preferred to rezone a larger tract, it never would have happened. In future development, it may be possible that Cope’s triangle piece could fit into the applicant’s development, but not at this time. </P> <P>Johnson moved to close the public comment; Jones seconded and the motion carried 3-0.</P> <P>Johnson moved to approve the CUP-04-06-07 Conditional Use Permit for Lakeside Storage for mini storage. The motion was seconded by Jones and carried 3-0.&nbsp; </P> <P><STRONG>COUNTY AUDITOR COMPENSATION 06-11-07</STRONG><BR>The Board discussed increasing the salary of the County Auditor, which has been frozen at the annual amount of $2,579.20. </P> <P>Craig Weinaug, County Administrator, offered two alternatives: 1) cut the pay to $2,500 established by statute; or 2) pass a charter resolution, which would exempt Douglas County from the maximum salary, set by the statute and provide that the County Commission set that salary as other county salaries are set.</P> <P>The Commissioners directed staff to establish Mr. Nieder’s salary at a rate equal to the amount it would have been had he received cost of living increases since his date of employment.</P> <P>Johnson moved to adopt Charter Resolution 07-6-2 Exempting Douglas County, Kansas from the provision of K.S.A. 190620 and K.S.A., Relating to the Douglas County Auditor. Jones seconded the motion and it carried unanimously. </P> <P><BR><STRONG>PUBLIC WORKS 06-11-07</STRONG><BR>The Board discussed a proposed frontage road on the east side of Route 1057 approximately 0.3 miles north of Route 458. Commission Chair Bob Johnson and Public Works Director Keith Browning met with two of the affected property owners recently. Several policy questions regarding the use of frontage roads were raised during this meeting, and input from the Board is needed. The Board discussed policy issues involved in constructing frontage roads, and also discussed approximate costs of constructing and maintaining frontage roads.</P> <P>The Board made the following policy decisions regarding frontage roads used as an access management tool:<BR>-&nbsp;The Public Works Director is authorized to decide whether or not to utilize a frontage road for the particular location and situation. The decision will be based on safety considerations, engineering judgment, constructability considerations, and the number and configuration of lots to be served. The affected property owners can appeal the Public Works Director’s decision to the Board. <BR>-&nbsp;Douglas County will fund the construction of frontage roads in retrofit situations, or situations in which properties are currently accessed by approved and legal residential entrances. <BR>-&nbsp;In retrofit situations, Douglas County will acquire additional right-of-way easement needed for the frontage road from properties that are currently accessed by an approved and legal residential entrance.&nbsp; Properties without a current approved residential entrance will be required to donate additional right-of-way easement as a condition of obtaining a future residential entrance permit.<BR>-&nbsp;In retrofit situations, frontage roads along hard surfaced main roads will also be hard surfaced.<BR>-&nbsp;In situations in which no approved residential entrances currently exist, the cost of construction of the frontage road will be paid by the adjoining property owners, and additional right-of-way easement required for the frontage road will be donated by the adjoining property owners.<BR>-&nbsp;In non-retrofit situations, the property owners who bear the cost of frontage road construction along hard surfaced main roads may determine whether or not the frontage road will be hard surfaced.&nbsp; <BR>-&nbsp;If a frontage road is to be hard surfaced, the entire constructed portion of the frontage road shall be hard surfaced at the same time. There will be no gap in surfacing for a prolonged duration.<BR>-&nbsp;Chip sealing of frontage roads will be performed by the County’s contractor during the contractor’s regularly scheduled chip seal work for the County.</P> <P>The Board noted that construction of a frontage road d&#160;s not change the minimum frontage requirement for a residential entrance permit from the frontage requirement of the main road. For example, if a frontage road is constructed along a principal arterial, 1320 feet is the minimum frontage required in order to obtain a residential entrance permit and/or a building permit unless the parcel was created prior to October 25, 2006 and meets other requirements listed in the access management regulations. Browning concurred that is his understanding of the access management regulations and subdivision regulations. </P> <P><STRONG>EXECUTIVE SESSION 06-11-07</STRONG><BR>At 10:40 p.m., Johnson moved that the Board move to an executive session with the County Legal Counselor after a five-minute break for 30 minutes. Jones seconded the motion and it carried unanimously. Also present for the discussion was Craig Weinaug, County Administrator.</P> <P>The Board returned to regular session at 11:14 a.m. No action was taken.</P> <P><STRONG>ACCOUNTS PAYABLE 06-11-07</STRONG><BR>Jones moved to approve accounts payable he amounts of $389,017.01 to be paid on 06/11/07. The motion was seconded by McElhaney and carried unanimously.</P> <P>Jones moved to adjourn; Johnson seconded and the motion carried.</P> <P><BR>_____________________________&nbsp;____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Jere McElhaney, Vice Chair</P> <P><BR>ATTEST:</P> <P>_____________________________&nbsp;____________________________ <BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member</P>

<P>Johnson called the meeting to order at 8:30 a.m. on Monday, June 18, 2007 with all members present. The Pledge of Allegiance was recited.</P> <P>McElhaney moved to approve the minutes of May 15 and June 4, 2007. The motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PROCLAMATION 06-18-07</STRONG><BR>Debbie Liddel read a Proclamation proclaiming June 23 and June 24, 2007 as “Amateur Radio Days. Johnson moved approval of the Proclamation as read; Jones seconded and the motion carried 3-0. </P> <P><STRONG>CONSENT AGENDA 06-18-07<BR></STRONG>Johnson moved approval of the following Consent Agenda:</P> <P>&#9658; Commission Order No. 07-136 and 07-137 (on file in the office of the County Clerk); <BR>&#9658; Resolution 07-21 establishing a 45 mile per hour maximum speed limit on a portion of County Route 442 (N 1400 Road) in Eudora Township;<BR>&#9658;&nbsp; Resolution 07-22 establishing a 30 mile per hour maximum speed limit on N 976 Road, E 787 Road and N 988 Road in Clinton Township; and<BR>&#9658; Resolution 07-23 establishing a 45 mile per hour maximum speed limit on a portion of E 1400 Road in Wakarusa Township.</P> <P>The motion was seconded by Jones and carried 3-0.</P> <P>Items pulled from the Consent Agenda:</P> <P><STRONG>PLANNING/TEXT AMENDMENTS 06-18-07<BR></STRONG>The Board discussed proposed text amendments to Chapter 20, Article 8 Subdivision Regulations for Lawrence and the unincorporated areas of Douglas County regarding Access Standards. Joseph Rexwinkle, Lawrence/Douglas County Metropolitan Planning Department, was present for discussion. The amendment request was initiated by a member of the public requesting an amendment to Section 20-810(d)(2)(iii) proposing a revision to the standards which state the maximum number of residential building lots or dwelling units that may be developed which have only one route of access to an arterial or collector street. The applicant wishes to increase the maximum number of lots or dwelling units from 35 to 100 dwellings per access outlet provided all dwellings have automatic sprinkler systems. Rexwinkle stated that Staff d&#160;s not support the change.</P> <P>Jones moved to not accept the request for amendment changeTA-04-04-07; McElhaney seconded the motion and it carried unanimously.</P> <P><STRONG>PLANNING/TEXT AMENDMENTS 06-18-07</STRONG><BR>The Board discussed the initiation of a Comprehensive Plan Amendment to Horizon 2020, Chapter 14 Specific Plans to add a reference to the Southeast Area Plan. Michelle Leininger, Lawrence/Douglas County Metropolitan Planning Department, discussed the project status that the City and County Commissions agreed to send the draft of the plan back to the Planning Commission for consideration with the land use concept provided by Peridian Group as a starting point. Johnson asked what the time line is for bringing the Southeast Area Plan back for County Commission for approval. Leininger stated approximately six months.&nbsp; </P> <P>McElhaney moved to initiate the Comprehensive Plan Amendment to Horizon 2020, Chapter 14 Specific Plans to add a reference to the Southeast Area Plan with a condition of a maximum six-month period for development. The motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>EMERGENCY MANAGEMENT 06-18-07</STRONG><BR>Teri Smith, Interim Director of Emergency Management, made a presentation to the Board for the need of additional warning sirens in Douglas County. The County currently has 33 outdoor warning sirens throughout the county designed to provide an early warning of severe weather for persons who are outdoors. The 2008 budget proposal includes three additional sirens at an approximate cost of $20,000 per siren. </P> <P>Jones stated the map presented shows five sites for siren locations, but the request is for three sirens. He questioned at which locations the sirens would be placed. Smith asked for guidance from the Board to determine the locations. </P> <P>After further discussion, Johnson directed Smith to develop a criteria based on population growth for determining siren necessity and placement, when funded by the County. </P> <P>Jones stated if a group wants to donate the money to the County for the full purchase of a siren, the County could put it in. Otherwise, it would be the County’s responsibility to determine necessity. Smith stated any siren would need to be put on the same system the County uses and tied into our system. </P> <P>Pam Madl, Assistant County Administrator, stated originally it was planned for the three sirens to be paid for out of the general fund. Then it was determined later that the sirens are normally funded from the CIP. </P> <P>McElhaney noted that the sirens are not fool proof, but are put in place for the public. </P> <P>No further action was taken.</P> <P><STRONG>COMMUNITY CORRECTIONS 06-18-07</STRONG><BR>Ron Stegall, Director of Community Corrections, discussed the FY2008 Community Corrections Budget Summary. Stegall stated that the Community Corrections received allocated funds for 2007 in the amount of $430,000, but the actual expenses are expected to be $485,000, leaving a deficit of $55,000. The state has reduced allocations for the coming fiscal year to $386,000. He stated due to due&nbsp;&nbsp;&nbsp;&nbsp; to cutbacks in allocations from the State and increases in department cost, pay and benefit increases, the department is looking at an additional deficit of $40,000 for the next year. Stegall is looking to apply for new funds under a new special legislative grant for programs specific to reducing the number of prison occupants to offset&nbsp;&nbsp;&nbsp; the deficit.&nbsp; </P> <P>Johnson moved to accept the FY2008 Community Corrections and SB 123 Supervision Grant Funds Budget Summary and Budget Narrative. The motion was seconded by Jones and carried unanimously. </P> <P><STRONG>FAIRGROUNDS 06-18-07</STRONG><BR>Pam Madl, Assistant County Administrator, presented the Board with bid results for the construction of a new Crow’s Nest for the Douglas County Fairgrounds. According to Madl, the present crow’s nest in the outdoor arena at the Fairgrounds is in a state of disrepair to the point of being dangerous. The bids are higher than expected. Bids for the construction of a new Crow’s Nest are as follows:<BR>&nbsp;&nbsp;&nbsp; <BR>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bid Amount&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Prep. Days&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Construction Days<BR>B.A. Green&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; $49,225&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 20&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;90<BR>Penny Construction&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; $40,530&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 14&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 51<BR>GSR Construction&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; $63,870&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 75&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;30</P> <P>The bid design is basic, with no glass, and an open window. The Fair Board has agreed to commit $10,000 toward the cost of a new Crow’s Nest. Bill Bell, Director of Maintenance, stated the Crow’s Nest is used for a bird’s eye view of the arena for speakers and judges. It is mostly used one week during the fair and when the arena is rented out. Madl stated the County could save money on construction by putting in a wooden staircase, instead of steel, but in the long run, the maintenance would be far greater. </P> <P>Jones questioned if there is another option other than using the Crow’s Nest. Bell stated the other option is putting people in the stands. Johnson asked the life expectancy on the new structure. Bell replied approximately 50 years or more. Craig Weinaug, County Administrator, stated there is money in the 2007 Budget for the project. Madl clarified however, there is only about $25,000. There is money in the CIP, but not tagged for the Crow’s Nest.&nbsp; </P> <P>McElhaney stated this is the beginning process of upgrading the fairgrounds. The Crow’s Nest will be used by the Boy Scouts, 4-H groups and local school districts.&nbsp; Johnson stated in the scope of things, the structure will last 50 years and the cost is not a lot for that length of time.</P> <P>Johnson opened the item for public comment.</P> <P>George Lauppe, Chairman of the Antique Auto Club, questioned if a portable Crow’s Nest could be considered to save costs. McElhaney responded that a portable structure would not protect users from weather.</P> <P>Johnson moved to close the public comment; Jones seconded and the motion carried 3-0.</P> <P>Johnson moved to accept the low bid from Penny Construction in the amount of $40,530 for the Crow’s Nest; and accepts the Fair Board’s agreement to commit $10,000 toward the cost of the Crow’s Nest; and authorized Pam Madl to sign the contract. The motion was seconded by Jones and carried unanimously.</P> <P><STRONG>FAIRGROUNDS 06-18-07</STRONG><BR>The Board discussed the placement and layout of the new Dreher building to be constructed at the Douglas County Fairgrounds. Pam Madl, Assistant County Administrator, led the discussion. Madl stated, the County Counselor, proposed an agreement between the 4-H Board and the County, in which the County agrees to construct the building with reimbursement from the Fair Board. The contract would be written for a maximum of $600,000, the amount established by the Fair Board. The County would issue a Project Sales Tax Exemption Certificate for the work. </P> <P>Madl also addressed the proposed location and placement of the new building between the Extension Office and Building #21. There is a possibility the parking lot may need to be restructured. </P> <P>Johnson opened the item for public comment.</P> <P>George Lauppe, Chairman of the Antique Auto Club, stated concerns regarding the placement of the new building causing parking issues for the swap meet, and affecting the booth location of about 25-30 vendors. </P> <P>Johnson moved to close the public comment. Jones seconded that motion and it carried unanimously.</P> <P>McElhaney moved that the County enter into a grant agreement between the 4-H Board and the County, in which the County agrees to construct the building with reimbursement from the Fair Board with a maximum project costs of $600,000; and accepts the building design and building location between the Extension office and Building #21. The motion was seconded by Johnson and carried unanimously. </P> <P><STRONG>PLANNING/RESOURCE POSITION 06-18-07</STRONG><BR>The Board discussed the need for a full-time position to work with the Building and Zoning, and Public Works Departments to implement the new Access Management standards and the new Subdivision Regulations.</P> <P>Johnson moved to approve a new Planning Resource position and to waive the personnel policy to do a search. Jones seconded the motion and it carried unanimously.</P> <P><STRONG>PLANNING 06-18-07</STRONG><BR>Dan Warner, Lawrence/Douglas County Metropolitan Planning Department gave a follow-up presentation to the Board on the new Smart Code policy and how it would impact Douglas County. Jones questioned how the Smart Code would affect the unincorporated area of Douglas County. Warner stated, it only affects the City Code. It will not affect the unincorporated area of the County until property is annexed into the City. Jones asked if the Smart Code affects areas ready for annexation. Warner stated, yes, in areas in which Staff did master plans. The city could say it will not accept annex unless the property owners follow the Smart Code. Johnson stated, if the Smart Code is mandatory, it affects the County. Owners can reject annexation. This could be a huge obstacle causing owners to have to come to the Board for a unanimous vote with a petition. Johnson suggested making the Smart Code optional. </P> <P>Jones asked Warner to clarify if the City needs County action. He also asked for a copy of the Smart Code report for review. </P> <P><STRONG>ACCOUNTS PAYABLE 06-18-07</STRONG><BR>Jones moved to approve payroll in the amounts of $762.50 paid on 05-07-07, $758,548.28 paid on 05/28/07, and $747,260.56 paid on 06/07/07; KPERS in the amounts of $62,938.43 paid on 05/25/07, and $61,216.57 paid on 06/08/07; FICA in the amounts of $56,093.05 paid on 05/25/07, and $55,192.77 paid on 06/08/07; and accounts payable in the amount of $402,367.86 to be paid on 06/18/0. The motion was seconded by McElhaney and carried unanimously.</P> <P>Jones moved to adjourn; Johnson seconded and the motion carried.</P> <P><BR>_____________________________&nbsp;________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Jere McElhaney, Vice Chair</P> <P><BR>ATTEST:</P> <P>_____________________________&nbsp;_________________________ <BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member&nbsp; <BR></P>

<P><BR>Johnson called the meeting to order at 3:30 p.m. on Monday, June 18, 2007 with two members present. Charles Jones was absent.</P> <P><STRONG>MISCELLANEOUS 06-25-07</STRONG><BR>At 3:30 p.m., McElhaney moved that the Board recess into executive session for 35 minutes with Evan Ice, County Counselor; Craig Weinaug, County Administrator; Dan Patridge, Health Department Director; and Michael Kelly, County Surveyor. Johnson seconded the motion and it carried 2-0. The Board returned to regular session at 4:05 p.m. No action was taken.</P> <P>McElhany moved to reconvene to regular session; Johnson seconded and the motion carried 2-0.</P> <P><STRONG>CONSENT AGENDA 06-25-07</STRONG><BR>McElhaney moved approval of the following Consent Agenda:</P> <P>&#9658; Commission Order No. 07-138 (on file in the office of the County Clerk); <BR>&#9658;Acquisition of right-of-way for 2006-12 N 600 Road Benefit District for Joseph M. H&#160;lscher and Lorri Jo H&#160;lscher, 1740 N600 Road, Baldwin City, Kansas; and James C. McAtee and Diane M. McAtee, 1743 N600 Road, Baldwin City, Kansas;<BR>&#9658; Acquisition of right-of-way for Project No. 05881750, a contract for three small culverts located near the intersection of E 1750 Road within 600 Road for James C. McAtee and Diane M. McAtee 1743 N600 Road, Baldwin City, Kansas; <BR>&#9658; Acquisition of right-of-way for Project No. 08092400: a culvert&nbsp; located on the Douglas/Johnson County line just north of intersection in 800 Road with E 2400 Road for Allen J. Osborn and Karla J. Osborn, 684 E1600 Road, Baldwin City, Kansas; and Terri Jean Osborn, 3027 West 30th Court, Lawrence, Kansas; Joseph M. H&#160;lscher and Lorri Jo H&#160;lscher, 1740 N600 Road, Baldwin City, Kansas; and Floyd R. Schmidt and Sue Ann Schmidt, Trustees of the Schmidt Family Trust under agreement dated June 7, 2002, 1773 N600 Road, Baldwin City, Kansas; <BR>&#9658; Resolution 07-24 establishing a 35 miles per hour maximum speed limit on a portion of E 1100 Road in Wakarusa Township;<BR>&#9658; Resolution 07- 25 establishing a 30 miles per hour maximum speed limit on a portion of N 1000 Road in Wakarusa, Township; <BR>&#9658; Resolution 07-26 establishing a 45 miles per hour maximum speed limit on a portion of E 1500 Road in Wakarusa Township; and <BR>&#9658; Resolution 07-27 establishing a 40 miles per hour maximum speed limit on a portion of E 1500 Road in PalmyraTownship;<BR>&#9658;Receipt of fee reports for May 2007</P> <P>The motion was seconded by Johnson and carried 2-0.</P> <P><STRONG>ACCOUNTS PAYABLE 06-25-07</STRONG><BR>McElhaney moved to approve payroll in the amount of $270,192.49 to be paid on 06/25/07. The motion was seconded by Johnson and carried unanimously.</P> <P>Johnson moved to adjourn; McElhaney seconded and the motion carried.</P> <P><BR>_____________________________&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Jere McElhaney, Vice Chair</P> <P><BR>ATTEST:</P> <P>_____________________________&nbsp; <BR>Jamie Shew, County Clerk&nbsp;&nbsp;</P>

<P>Johnson called the meeting to order at 8:30 a.m. on Monday, July 2, 2007 with all members present.&nbsp; </P> <P>Johnson moved to approve the minutes of June 11, 2007. The motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>CONSENT AGENDA 07-02-07</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <P>&#9658; Commission Order Nos. 07-139 and 07-140 (on file in the office of the County Clerk); and<BR>&#9658; Confirmation for purchase made my Craig Weinaug, County Administrator, for a Primary CAD System and Redundant CAD System in the amount of $143,981 to HTE AVAR, L.L.C.&nbsp; for an upgrade of Public Safety AS/400 System.</P> <P>The motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PUBLIC WORKS 07-02-07</STRONG><BR>The Board discussed the bids for DGCO Project No. 2006-12 for the N600 Road Benefit District. Keith Browning, Director of Public Works was present for discussion. The bids were opened on June 26, 2007 for the improvements of N600 between Route 1055 and E1750 Road. Three bids were received with the lowest bid of $227,075.00 from LRM Industries, Inc. being 7.6% higher than the Engineer’s estimate of $211,050.50. The Board is allowed to award a contract for up to 10% over the Engineer’s estimate. Resolution 07-08 creating the benefit district on January 31, 2007 established the probable construction costs at $235,000.</P> <P>Jones moved to approve the low bid of $227,075.00 for LRM Industries, Inc. for Project No. 2006-12 and to authorize the Public Works Director to approve change orders totaling up to 5% of the contract amount. The motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 07-02-07</STRONG><BR>At 9:00 a.m., Johnson moved that the Board move into Executive Session for 30 minutes to discuss a matter, which would be deemed, privileged under the attorney-client relationship. Other attendees included Evan Ice, County Counselor and Craig Weinaug, County Administrator. The motion was seconded by Jones and carried&nbsp;&nbsp;&nbsp; 3-0. The Board to return to regular session at 9:30 a.m. No action was taken.</P> <P><BR><STRONG>ACCOUNTS PAYABLE 07-02-07</STRONG><BR>McElhaney moved to approve accounts payable amount in the amount of $192,044.24 to be paid on 07/02/07 and a wire transfer in the amount of $306,238.30 paid on 06/27/07. The motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>APPOINTMENT 07-02-07<BR></STRONG>Johnson moved to reappoint Rex Buchanan, Lawrence, Kansas, to the ECO2 Commission beginning July 1, 2007 for a second four-year term expiring July 1, 2011. The motion was seconded by Jones and carried unanimously.</P> <P><STRONG>APPOINTMENT 07-02-07</STRONG><BR>Johnson moved to reappoint Bob Newton, Lawrence, Kansas, to the Douglas County Emergency Management Board as a representative of the Douglas County Commission for a one-year term expiring July 1, 2008. The motion was seconded by Jones and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 07-02-07</STRONG><BR>Hubbard Collingsworth, Douglas County resident, asked the Board to comment on their commitment to the Bio Sciences. Craig Weinaug, County Administrator stated the proposed agreement that was announced approximately six months ago hasn’t changed. The amount proposed is approximately $125,000 from both the City and County annually for a 10-year period. </P> <P><STRONG>MISCELLANEOUS 07-02-07</STRONG><BR>The Board discussed the meeting scheduled for the evening of July 2, 2007, at the Eudora City Hall at 6:00 p.m. to discuss the proposed First Responders Agreement. Jones asked that the meeting begin with a briefing and a summary of the agreement.</P> <P>Johnson moved to adjourn; McElhaney seconded and the motion carried.</P> <P><BR>_____________________________&nbsp;________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Vice Chair</P> <P><BR>ATTEST:</P> <P>_____________________________&nbsp; _________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member&nbsp; <BR>&nbsp;&nbsp; </P>

<P><BR>Johnson called the meeting to order at 6:00 p.m. on Monday, July 2, 2007 at the Eudora City Hall with all members present. The Douglas County Commission was meeting in joint session with the Eudora City Council. Mayor Pyle also called the meeting of the City Council to order. </P> <P>Craig Weinaug, Douglas County Administrator, provided some background on the proposed Cooperation Agreement between the City of Eudora and Douglas County to provide first responder services in support of the Lawrence/Douglas County Fire Medical Department (LDCFM). </P> <P>The Douglas County Commission and the Eudora City Council heard a presentation from the Eudora Township Fire Department who requested that the two governing bodies consider an offer from the Township Fire Department to provide on-call services within their jurisdiction. Under this proposal, the City of Eudora would provide first responder services to the residents of the City of Eudora and the Township Fire Department would provide first responder services to the residents of Eudora Township. Commissioner Johnson asked for an estimate of the number of calls that are received from the residents of the City of Eudora and the residents of Eudora Township. Eudora Fire Chief Randy Aytes, estimated that there were approximately 500 calls per year that originate in the City of Eudora and approximately 50 calls per year that came from Eudora township. Others at the meetings agreed that those numbers were reasonably close to the actual numbers. Commissioner Johnson expressed the view that 50 calls per year is probably not enough to run an efficient operation. The representative from the Eudora Township Fire Department disagreed. </P> <P>Dr. Scott Robinson, Douglas County’s medical director, gave a brief summary as to why he preferred the proposed agreement to the alternative that had been presented. </P> <P>After further discussion, various Eudora City Council Members expressed their views with regard to the proposed agreement. Lori Fritzel moved and Jeff Peterson seconded that the City Council authorize the Mayor to sign the proposed Cooperation agreement. The vote was unanimous. The Douglas County Commissioners instructed the County Administrator to place the Cooperation Agreement on the Consent agenda for the meeting to be held on Monday, July 9, 2007</P> <P><STRONG>ACCOUNTS PAYABLE 07-02-07</STRONG><BR>Johnson moved to approve a manual check amount in the amount of $895,708.49 paid on 07/02/07. The motion was seconded by Jones and carried unanimously.</P> <P>Johnson moved to adjourn; McElhaney seconded and the motion carried.</P> <P><BR>_____________________________&nbsp;________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Jere McElhaney, Vice Chair</P> <P><BR>ATTEST:</P> <P>_____________________________&nbsp; _________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member&nbsp; </P>

<P><BR>Johnson called the meeting to order at 8:30 a.m. on Monday, July 9, 2007 with all members present.&nbsp; </P> <P><STRONG>CONSENT AGENDA 07-09-07</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <P>&#9658; Commission Order No. 07-141 (on file in the office of the County Clerk); <BR>&#9658; Agreement on Conditions of Grant from the Kansas Juvenile Justice Authority to the Douglas County Board of County Commissioners; and<BR>&#9658; Cooperation Agreement between the Board of County Commissioners and the City of Eudora for establishing the Eudora Community EMS for First Responders.</P> <P>The motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 07-09-07<BR></STRONG>At 8:50 a.m., Johnson moved that the Board recess to go to executive session for 30&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; to discuss a matter, which would be deemed, privileged under the attorney-client relationship. Other attendees included the County Counselor; Craig Weinaug, County Administrator; Laverne Epp, Chairman of the Douglas County Bio Science Authority, and Lavern Squier, Chamber of Commerce President. Motion was seconded by Jones and carried unanimously.</P> <P>The Board returned to regular session at 9:25 a.m. No action was taken.</P> <P><STRONG>ACCOUNTS PAYABLE 07-09-07</STRONG><BR>Johnson moved to approve accounts payable in the amount of $116,459.45 to be paid on 07/09/07; payroll in the amounts of $765,493.49 paid on 06/21/07 and $742,700.85 paid on 07/05/07; FICA in the amounts of $56,589.05 paid on 06/22/07 and $54,774.84 paid on 07/06/07; KYPERS in the amounts of $64,546.43 paid on 06/22/07 and $59,977.58 paid on 07/06/07; and a wire transfer in the amount of $306,238.30 paid on 06/27/07. Jones seconded the motion and it carried unanimously.</P> <P>Johnson moved to adjourn; McElhaney seconded and the motion carried.</P> <P><BR>_____________________________&nbsp;________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Vice Chair</P> <P><BR>ATTEST:</P> <P>_____________________________&nbsp; _________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member&nbsp; <BR></P>

<P>Johnson called the meeting to order at 8:32 a.m. on Monday, July 16, 2007 with all members present. </P> <P>At 8:32 a.m., Johnson made a motion that the Board recess to go into Executive Session for 20 minutes, until 8:52 a.m. with Craig Weinaug, County Administrator; Pam Madl, Assistant County Administrator; Evan Ice, County Counselor; and Shannon Ourey, Assistant County Counselor, to discuss a legal matter involving Douglas County. Motion was seconded by Jones and carried unanimously.</P> <P>The Board returned to regular session at 8:50 a.m. No action was taken.</P> <P><STRONG>CONSENT AGENDA 07-16-07</STRONG><BR>McElhaney moved approval of the following Consent Agenda: </P> <P>&#9658;&nbsp;Commissioners Order No. 07-144 (on file in the office of the County Clerk).</P> <P>The motion was seconded by Jones and carried unanimously.</P> <P>Item pulled from Consent Agenda:</P> <P><STRONG>PLANNING 07-16-07<BR></STRONG>The Board considered approval of CUP-12-09-06: Conditional Use Permit for Big Springs Quarry, located at 2 North 1700 Road, Lecompton, Kansas. This item was deferred on July 11, 2007. McElhaney made a motion to approve CUP-12-09-06 and authorize the execution of the following:</P> <P>BEFORE THE BOARD OF COUNTY COMMISSIONERS OF <BR>DOUGLAS COUNTY, KANSAS</P> <P>APPROVAL OF TRANSFER OF CUP-7-2-90 (No. 3500) &amp; CUP-6-6-92 (No. 3853)<BR>(CONDITIONAL USE PERMIT FOR OPERATION OF QUARRY)<BR>WITH CONDITIONS OF APPROVAL</P> <P>RECITALS</P> <P>A.&nbsp;Pursuant to Conditional Use Permit-7-2-90 (No. 3500), as amended by Conditional Use Permit-6-6-92 (No. 3853) (collectively the “CUP”), the Board of Douglas County Commissioners (the “Board”) authorized Martin Marietta Aggregates (“Martin Marietta”) to operate a quarry in western Douglas County, Kansas&nbsp; through December 19, 2020 (the “Quarry”), all pursuant to and governed by the Restrictions of Use and Conditions of Approval imposed in connection with the Board’s granting of the CUP.&nbsp; A true and correct copy of the Conditions of Approval and Restrictions of Use is attached hereto as Exhibit A and incorporated herein by reference.</P> <P>B.&nbsp;&nbsp;Martin Marietta desires to sell its interest in the Quarry, including some or all of its underlying real and personal property interests to Mid-States Materials, LLC (“Mid-States”) and Mid-States desires to continue operating the Quarry in accordance with the CUP.</P> <P>C.&nbsp;&nbsp;Section XIV of the CUP provides as follows:</P> <P>Because the developer’s track record is an important consideration, a change in the quarry operator shall require the Conditional Use Permit to come back to the Planning Commission for review and to the County Commission for reapproval.</P> <P>D.&nbsp;&nbsp;In connection with its proposed sale of the Quarry and associated assets to Mid-States, and pursuant to Section XIV of the CUP, Martin Marietta and Mid-States have requested the Lawrence-Douglas County Planning Commission to review and the Board to approve the transfer of the CUP.</P> <P>E.&nbsp;&nbsp;On January 22, 2007, the Lawrence-Douglas County Planning Commission reviewed and, on an 8-0 vote, recommended approval of the request to approve transfer of the CUP, based upon the findings of fact presented in the body of the staff report and subject to the previously approved restrictions of use.</P> <P>F.&nbsp;The Board has received a report from the Lawrence-Douglas County Planning Staff dated January 22, 2007 related to the CUP and adopts the factual findings in those documents.</P> <P>&nbsp;NOW, THEREFORE, the Board of County Commissioners of the County of Douglas, Kansas, meeting in regular session this 16th day of July, 2007 d&#160;s hereby approve and consent to the transfer of the CUP from Martin Marietta to Mid-States, subject to the following conditions:</P> <P><BR>CONDITIONS OF APPROVAL</P> <P>1.&nbsp;Upon completion of quarry operations of Phase 2, Mid-States shall return the topsoil that is currently located on the approximately 1/4 mile boundary between Phase 1A and Phase 2, and, after the topsoil is returned, reconstruct a 5-strand barb-wire fence along the line of the former interior fence between Phase 1A and Phase 2.&nbsp; Upon completion of quarry operations of Phase 5, Mid-States shall reconstruct a 5-strand barb-wire fence along the approximately 1/2 mile line of the former interior fence between Phase 1 and Phase 5.&nbsp; All of the foregoing fencing shall be in accordance with the requirements of the CUP.</P> <P>2.&nbsp;Mid-States shall be responsible for reclamation of all quarried land.&nbsp; Prior to commencing quarry operations, Mid-States shall file one or more performance bonds, to ensure reclamation of the Quarry in accordance with the CUP, with the Douglas County Clerk in the initial amount totaling $1,300,000, and keep the performance bond in effect for the remaining life of the CUP, in such amounts and with such sureties as required by Section VII of the CUP Restrictions of Use.&nbsp; Only upon Mid-States’ filing of such performance bonds, will Douglas County release the current performance bonds on file.</P> <P>3.&nbsp;If Mid-States desires to excavate deeper than elevation 1042 in any Phase, Mid-States must cause a hydrologic study to be completed in accordance with Section IX of the CUP Restrictions of Use, prior to such excavation.</P> <P>4.&nbsp;The landscaping provisions contained in Section XXI of the CUP Restrictions of Use is varied such that neither Martin Marietta nor Mid-States has an obligation to replant previously planted landscaping which subsequently died, provided, however, that the following landscaping shall be planted:</P> <P>Area I (South side of Phase I)<BR>On berm on north side of County Road 442 from entry gate to E50:<BR>&nbsp;6 sets of 4 Austrian Pines and 3 Hackberry, total of 42 trees</P> <P>Area II (Southeast corner of Phase I &amp; Northwest corner of Phase III)<BR>Add to both sides of E50 entry:<BR>&nbsp;4 sets of 3 Austrian Pines and 2 Hackberry, total of 20 trees</P> <P>Area III (East side of Phase I)<BR>West side of E50 South of haul road crossing, 500 ft. offset from crossing:<BR>&nbsp;4 sets of 3 Austrian Pines and 2 Hackberry, total of 20 trees</P> <P>Area IV (East side of Phase V)<BR>West side of E50 North of haul road crossing, 500 ft. offset from crossing:<BR>&nbsp;5 sets of 3 Austrian Pines and 2 Hackberry, total of 25 trees<BR>&nbsp;<BR>Area V (Northeast corner of Phase III)<BR>Short section on South side West of E100 Rd, approximately 450’:<BR>&nbsp;3 sets of 3 Austrian Pines and 2 Hackberry, total of 15 trees</P> <P>Area VI (East side of Phase II)<BR>West side of E100 Rd. after berm is removed, North approximately 1300’:<BR>&nbsp;4 sets of 3 Austrian Pines and 2 Hackberry, total of 20 trees<BR>Area VII (Northwest corner of Phase IV)<BR>East side of E100 Rd.:<BR>&nbsp;3 sets of 3 Austrian Pines and 2 Hackberry, total of 15 trees.</P> <P>The foregoing landscaping shall be planted to incorporate existing trees and, with the exception of the landscaping outlined in Area VI, all landscaping shall be planted on or before December 31, 2007.&nbsp; The landscaping outlined in Area VI shall be planted as soon as practicable, but no later than December 31 of the year in which the berm is removed.</P> <P>In addition, an agreement shall be obtained with a professional landscaping company for maintenance, including irrigation, of the landscaping for a term of 12 months following planting, and the Zoning &amp; Codes Department shall be provided a copy of such agreement on or before December 31, 2007.</P> <P>In the event that the landscaping identified above is not planted or evidence of the 12-month maintenance agreement is not supplied on or before the dates specified, Mid-States shall be in material non-compliance with the CUP Restrictions of Use and, upon written notice from the Zoning &amp; Codes Department, shall immediately cease all quarrying and sale activities at the Quarry until such non-compliance is remedied to the satisfaction of the Zoning&nbsp;&nbsp; &amp; Codes Department.</P> <P>5.&nbsp;Mid-States shall submit its first reclamation report and plan of quarrying operation to the Planning Office and Douglas County Public Works Director by July 31, 2010, to comply with the requirement of Section VIII of the CUP Restriction of Use.&nbsp; The Planning Office will review and make recommendations and submit a report to the County Commission for approval.&nbsp; Every five (5) years thereafter, Mid-States will submit the detailed report required by Section VIII.</P> <P>6.&nbsp;This Approval to Transfer CUP is supplemental to, and shall become a part of, the CUP.&nbsp; Mid-States and its operation of the Quarry shall be subject to the above requirements and all of the previously approved Conditions of Approval and Restrictions of Use, the same as if the CUP was originally granted to&nbsp;Mid-States, and Mid-States shall sign below to confirm its agreement and understanding of these requirements.&nbsp; Section XIV of the CUP shall continue to apply in the event Mid-States subsequently desires to transfer ownership or operational authority of the Quarry to another person or entity, and references in this Approval to Transfer CUP to Martin Marietta or Mid-States shall apply to the new Quarry owner or operator, as the context requires.&nbsp; This Approval to Transfer CUP shall not prevent the Board or the County Zoning &amp; Codes Department from taking enforcement action in the event that it is later determined that the Quarry is not in compliance with the CUP Restrictions of Use and Conditions of Approval, as amended.</P> <P>This Approval to Transfer CUP is authorized and approved by the Board on this 16th day of July, 2007.<BR>________________________________________&nbsp;<BR>Bob Johnson, Chair</P> <P>________________________________________&nbsp;<BR>Jere McElhaney, Member </P> <P>______________________________________&nbsp;<BR>Charles Jones, Member</P> <P>Mid-States Materials, LLC has reviewed the CUP and its Restrictions of Use and Conditions of Approval, together with the foregoing Approval to Transfer CUP and Conditions of Approval, and agrees to operate the Quarry in accordance with all conditions and restrictions imposed.</P> <P>Mid-States Materials, LLC</P> <P>By:&nbsp;___________________</P> <P>Its:&nbsp;___________________</P> <P>Title:&nbsp;___________________</P> <P>Date:&nbsp;___________________&nbsp; </P> <P>Motion was seconded by Johnson and carried 2-1 with Jones in opposition.</P> <P><STRONG>RESOLUTIONS 07-16-07</STRONG><BR>The Board considered approval of Resolution No. 07- 28 concerning reimbursement of County employees for the use of their personal motor vehicles for County business. Pam Madl, Assistant County Administrator, explained that the State of Kansas has increased their mileage reimbursement rate to $0.47 and suggested that Douglas County change the current reimbursement rate from $0.445 to $0.47 retroactive to July 1, 2007. McElhaney moved approval of Resolution No. 07-28; Johnson seconded and the motion carried unanimously.</P> <P><STRONG>BUDGET 07-16-07</STRONG><BR>The Board discussed the 2008 Budget. No action was taken.</P> <P><STRONG>ACCOUNTS PAYABLE 07-16-07</STRONG><BR>Jones moved approval of accounts payable in the amount of $415,237.09 and accounts payable manual checks in the amount of $67,500. Motion was seconded by McElhaney and carried unanimously.</P> <P>McElhaney moved to adjourn; Johnson seconded and the motion carried.</P> <P><BR>_____________________________&nbsp;________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Jere McElhaney, Vice Chair</P> <P><BR>ATTEST:</P> <P>_____________________________&nbsp;_________________________ <BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member&nbsp; </P> <P>&nbsp;</P>

<P>Johnson called the meeting to order at 8:30 a.m. on Monday, July 23, 2007 with two members present. McElhaney was absent.</P> <P><STRONG>CONSENT AGENDA 07-23-07</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <P>&#9658; Commission Order No. 07-145 (on file in the office of the County Clerk); <BR>&#9658; Resolution 07-29 authorizing the continued imposition of a Telephone User Tax for the operation of an enhanced 911 Emergency Telephone Service in Douglas County.</P> <P>The motion was seconded by Johnson and carried 2-0.</P> <P><STRONG>PLANNING 07-23-07</STRONG>&nbsp;&nbsp;&nbsp; <BR>Keith Browning, Director of Public Works, discussed with the Board the need for a text amendment to address road standards in the Urban Growth Area. After discussion, the Board decided to place the item on the agenda in late August for further discussion.</P> <P><STRONG>ACCOUNTS PAYABLE 07-23-07<BR></STRONG>Jones moved to approve accounts payable in the amount of $2,781,304.58 paid on 07/23/07. The motion was seconded by Johnson and carried 2-0.</P> <P><STRONG>MISCELLANEOUS 07-23-07</STRONG><BR>Jones moved to appoint any one of the Commissioners the ability to sign off on Accounts Payable through August 14, 2007. The motion was seconded by Johnson and carried 2-0.</P> <P>Johnson moved to adjourn; Jones seconded and the motion carried.</P> <P><BR>____________________________&nbsp;____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;&nbsp; <BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;</P> <P>&nbsp;</P>

<P><BR>Johnson called the meeting to order at 4:00 p.m. on Wednesday, July 25, 2007 with two members present. McElhaney was absent.</P> <P><STRONG>CONSENT AGENDA 07-25-07</STRONG><BR>Johnson moved approval of the following Consent Agenda:</P> <P>&#9658; Authorization to solicit bids to mill and overlay Route 1045 between US 24/59 Highway and the Jefferson County line and Route 1023 (Woodson Street) in the City of Lecompton, and authorization to solicit bids for hot-in-place recycling work on Route 1029 between the Franklin County line and US-56 Highway: and <BR>&#9658; Resolution 07-30 relating to and amending a regulated planning and zoning classification within the unincorporated territory of Douglas County, Kansas.</P> <P>The motion was seconded by Jones and carried 2-0.</P> <P>Johnson moved to adjourn; Jones seconded and the motion carried 2-0.</P> <P>&nbsp;</P> <P>____________________________&nbsp;____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;&nbsp; <BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; </P> <P><BR>&nbsp;</P>

<P><BR>Johnson called the meeting to order at 5:15 p.m. on Wednesday, July 11, 2007 with all members present. </P> <P>BUDGET 07-11-07<BR>The Board conducted 2007 budget hearings. No action taken.</P> <P>At 6:35 p.m., Jones moved for the Board to reconvene to regular session. Johnson seconded and the motion carried unanimously. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 07-11-07</STRONG><BR>McElhaney moved approval of the following Consent Agenda:</P> <P>&#9658; Commission Order Nos. 07-142 and No. 07-143 (on file in the office of the County Clerk); </P> <P>The motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PLANNING 07-11-07<BR></STRONG>The Board considered item PP-05-05-07 Preliminary Plat for Lakeside Vista, a mini storage, located at 1429 East 900 Road. Sandra Day, Lawrence-Douglas County Metropolitan Planning Department, was present for discussion. The application was submitted by Grob Engineering services for Robert Voth, property owner of record. Staff comes to the Board with a recommendation for approval of a Preliminary Plat for Lakeside Vista with a unanimous approval by the Planning Commission with the following condition and acceptance of easements:</P> <P>1.&nbsp;Provision of a revised preliminary plat to include a 10’ utility easement along the south property line and a 15’ easement along the west property line per section 20-810 (f)(1) of the Joint City/County Subdivision Regulations.</P> <P>McElhaney questioned, because of the close proximity to the City, if the City Commission was aware of the project and the action taken by the Board. Day stated that City staff has been involved in the process and that both the City and County Public Works departments have reviewed the project. Staff has all the documentation materials available for future annexation process. </P> <P>Jones moved to approve the PP-05-05-07 Preliminary Plat for Lakeside Vista&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; with the above-listed condition and the acceptance of future easements and rights-of-ways. The motion was seconded by McElhaney and carried unanimously. </P> <P><STRONG>PLANNING 07-11-07</STRONG><BR>The Board considered item CUP-12-09-06 Conditional Use Permit for Big Springs Quarry requesting a change in operator from Martin Marietta Materials to Mid-States Materials, LLC from Topeka, Kansas. The property is located at 2 North 1700 Road, Lecompton, Kansas. The application was submitted by Bob Schmidt, Vice President of Martin Marietta Materials on behalf of Martin Marietta Materials and Clifford C. Nichols, property owners of record. Mary Miller, Lawrence-Douglas County Metropolitan Planning Department, was present for discussion. The item comes to the Board with a unanimous recommendation from the Planning Commission, based on the following findings of fact and subject to the previous approved restrictions of use.</P> <P><STRONG>Zoning and uses of property nearby.</STRONG> The property is located on the western border of Douglas County and the quarry extends into Shawnee County. Nearby property is zoned for agricultural and residential uses with agriculture being the primary land use in the area. Property adjacent to the eastern portion of the southern boundary was rezoned A-1 and platted as a 13 lot residential subdivision in 2005, but has not been developed with residences. </P> <P><STRONG>Character of the area.</STRONG> This is a rural area with predominately agricultural land uses and a few scattered residences. </P> <P><STRONG>Suitability of subject property for the uses to which it has been restricted.</STRONG> The property is suitable for continued use as a quarry as it has been restricted.</P> <P><STRONG>Length of time subject property has remained vacant as zoned.</STRONG> The subject property has been in agricultural use since at least 1966, when the County adopted Zoning Regulations. The property has been in production as a limestone quarry since 1990, when the original CUP was approved.</P> <P><STRONG>Extent to which removal of restrictions will detrimentally affect nearby property.</STRONG> The operator change should have no negative impact on neighboring property owners as long as the quality and quantity of operation remain the same. Mid-States Materials indicated they would abide by the 22 restrictions on the CUP, just as Martin Marietta has done and their production and truck traffic will remain the same it has been historically.</P> <P><STRONG>Relative gain to the public health, safety and welfare by the destruction of the value of the petitioner’s property as compared to the hardship imposed upon the individual landowners.</STRONG> Approval of the operator change may benefit the community in that production would continue at this quarry providing a convenient and economical source of aggregate. Denial of the change of operator may stop production at this quarry, and would require township, county and city departments to purchase their aggregate elsewhere.</P> <P><STRONG>Conformance with the Comprehensive Plan.</STRONG> The request is in conformance with the Comprehensive Plan. The quarry is a temporary use and reclamation of the mined land is one of the restrictions placed on the Conditional Use Permit. When the CUP has expired the land will be suitable for agricultural uses as much of the land will have been undisturbed and the mined land will be reclaimed.</P> <P>Miller stated the quarry had to be compliant with the conditional use permit restrictions as outlined in the original CUP before the new application could come before the Board. She stated that Keith Dabney, Director of Zoning and Codes, sent a memo to the Board stating generally the quarry is compliant, however, there are a few changes necessary including the landscape plan. The CUP would be active until 2020 at which time they would have to apply for a new CUP if the owner wanted to continue using the quarry. Miller stated most mining CUPs are issued for 30 years. </P> <P>Keith Dabney, Director of Zoning and Codes, discussed non-compliance issues that were addressed and corrected:&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;<BR>1.&nbsp;Fencing. It was determined to meet state regulations. <BR>2.&nbsp;Drainage Study. Required for Phase 1 and 1A in original CUP. Study was submitted and met requirements.<BR>3.&nbsp;Current Bond and Damage Bond.&nbsp; A Reclamation bond and damage bond is on file and was verified through insurance the amount is consistent with required CUP.<BR>4.&nbsp;Hydrology study met CUP requirement. <BR>5.&nbsp;Lake Permit from Division of Water Resources. Permit is not required until mining stops. </P> <P>Jones stated the at one time, a business report was missing and he questioned if that was resolved. Dabney stated that the report had been submitted.</P> <P>Johnson asked about the landscaping issue. Dabney stated the original landscaping plan showed approximately 1840 trees. Most of the trees are missing or damaged. He spoke with the State Forester, Lawrence Landscape, and Willowridge Landscape and determined that because of the environment of the quarry, many of the approved species of trees would not survive. The applicant proposes to reduce the amount of required trees and plant fewer, hardier trees that will flourish. The landscaper will also provide maintenance for a year to help ensure survival.&nbsp;&nbsp; </P> <P>Jones asked if the CUP is approved, would the new owners have continuing obligations to bring the property into compliance. Dabney answered “Yes” and indicated that the obligations would include a new bond that is payable to the County.&nbsp; </P> <P>Jones asked if there was a cooperative spirit in terms to resolve the compliance issues before there was a potential sale. Or did the necessity for compliance to complete the sale prompt them to bring the CUP into compliance1/2 Dabney responded that the recent efforts to bring the CUP into compliance were prompted by the sale due to a comprehensive review performed by the Zoning and Codes Department. There have been specific complaints that have been addressed during the course of the CUP including a call on reclamation during the weekends and a blasting that inhibited the view of the school buses on the surrounding roads. Jones asked Dabney if the operator was cooperative when addressing these complaints. Dabney stated he was. </P> <P>Tom Murray, 1015 E 1296 Road, attorney for Lathrop and Gage representing Martin Marietta, introduced Stephen Mitchell, an attorney for Lathrop and Gage; John Hutton, an attorney representing the purchaser; and James Nichols, Plant Manager for Martin Marietta. He commented that the compliance process has been a demanding and expensive process to get through. However, the officials have been 100 percent professional and courteous.</P> <P>Stephen Mitchell, real estate and business transaction attorney for Lathrop and Gage, stated the rock quarry has been shut down since 2005 and it will be good to see the quarry back in operation. An operation of this magnitude will have some complaints, but he feels Martin Marietta has done everything possible to make the quarry compliant. To his knowledge, the quarry has never been sited for any noncompliance issue.</P> <P>Jones questioned the reason for the shut down in operation. Mitchell stated the shut down was due to the economies of scale in which Martin Marietta operates its plants. It was a business decision. He stated the proposed buyer has more local connections and may run a better operation. Jones asked if the CUP required the owner to plant trees or have trees. Mitchell stated he reviewed the law, the CUP written in 1990 did not require the owner to maintain the trees for any period, just to plant them. Today, CUPs are written with some type of maintenance agreement for at least one year. Jones asked if the applicant is going to show the Board a drawing with the trees and give a number of trees being considered. Mitchell stated Ron Baker, Willowridge Landscape, supplied the Board with some written materials and the Planning Staff has written in specific numbers of trees, approximately 150 trees with locations and species. Jones asked Mitchell to explain what the landscape will look like. Mitchell addressed a plan listing mostly sets of Austrian Pines and Hackberry trees. The conditions require all trees to be planted before December 31, 2007 except in area six, which is still in active mining. The conditions of transfer require Mid-States to comply with the landscaping conditions.&nbsp; </P> <P>John Hutton, 3751 SW Ashworth Court, Topeka, Kansas, attorney representing the purchaser, stated he believes Martin Marietta is a good operator and has gone beyond duty to become compliant, but Martin Marietta is not a perfect operator. Having the quarry in operation will benefit everyone by using the natural resources that are there. If there are concerns about the current owner, then that is more reason to approve the transfer.</P> <P><BR>Ron Baker, 867 N 1072, owner Willowridge Landscape, Inc., stated the trees on the original plan could not survive. Some trees were planted in pastures, which where chewed off, and around crop fields, which were sprayed with chemicals. He suggested using different trees and to utilize the existing trees that are volunteer and growing. Jones asked the approximate cost of per tree. Baker replied the Austrian Pines and Hackberry trees would cost between $90-150 per tree. </P> <P><BR>Johnson commented that there is a dramatic difference between 1840 and 150 trees. Johnson asked Baker in his professional judgment, if planting 150 trees would begin to approach what was probably intended back in 1990 for screening. Baker stated, yes, if you take out the fact that many of the trees were planted next to crop ground and hay pastures. The area he is looking at has a lot of existing vegetation and he will fill in to increase the screening effect. <BR>Dabney addressed the issue of remaining trees. It was determined by Jones that out of 1840 trees, 165 remain. </P> <P><BR>Miller stated the revised landscape plan from 1991 called out the species and number of species for each phase. The planning director approved the plan, but there is no note of who suggested the trees.</P> <P><BR>Murray commented that the original plan was something that you would see in Johnson County or along Clinton Parkway. The plan had the best of intentions, but is not workable. He stated he hopes the Board will recognize his client has hired an expert and has tried to come up with a plan that is workable.</P> <P><BR>James Nichols, 1230 N 400 Road, Plant Manager at Big Springs Quarry, stated the County had approved a revision to the original landscape plan, when the owner came back to add a shop to the premises. Also the original CUP requirement was for 3/4 inch caliber trees. The proposed plan is for 11/2-inch caliber of trees, which is twice as big as the original requirement. <BR>Jones stated the new proposed plan is 18% of the original plan, and questioned if that number is adequate. </P> <P><BR>Johnson opened the meeting for public comment.</P> <P><BR>Dave Henry, Douglas County resident, stated his family owns property north of the site. He views this as a unique opportunity for the County Commission to make sure the quarry is in full compliance and stated concern about a lack of screening.</P> <P><BR>Chris Reed, attorney representing Lone Oak, L.L.C., discussed concerns regarding insufficient landscaping and reclamation issues for the lake in Phase 1A of the mining process. He stated the number of trees proposed in the original landscape plan would have been used as a dust screen and for erosion control measures. If the trees had been maintained properly, they would have survived and would already be much larger than the trees that the applicant is proposing now. He would like to see the current quarry operator be incompliance before the ownership transfer.</P> <P><BR>Bart Christian, representing Lone Oak, L.L.C., showed a video of watershed flowing from the quarry onto the Lone Oak property. He stated concern that debris has formed on his property due to runoff and he has filed a lawsuit against Martin Marietta. </P> <P><BR>Ken O’Connor, 149 N 1700 Road, Douglas County resident, stated he feels that at the time of the original CUP, it was the intention of the County Commission to have no activity on the weekends and stated concern that when a blast g&#160;s off you cannot see on-coming traffic. He asked if the new owner would be responsible for reclamation. McElhaney stated that the new owner would assume responsibility of reclamation.</P> <P><BR>Jason Sawyer, Conservation Officer and Game Warden, stated he d&#160;s not have&nbsp;&nbsp;&nbsp; a vested interest, but has noticed a large amount of sedimentation flowing into neighboring creeks.<BR>Leonard A. Wood, 3141 Stubswood, stated he noticed the color of the streams on Lone Oak property changing from clear to gray by the release of water into the creeks by Martin Marietta. <BR>Larry North, Spring Hill, Kansas, a patron of Lone Oak stated his concern regarding sediment in the creeks caused by the mining and damage to the trees. He asked that the Board bring the quarry into compliance.</P> <P><BR>Steve Mitchell stated there are many errors in statements heard. However, the fact is the state has approved and issued permits. Dabney confirmed that as true. Mitchell stated that many of the people speaking are part of the Lone Oak club and involved in a lawsuit against Martin Marietta He felt these people should not be a part of the decision to transfer ownership to Mid-State Materials.</P> <P><BR>Jones asked Dabney and Craig Weinaug, County Administrator, if during negotiations, they came up a plan to meet the landscape requirements or should the applicant have to meet what is in the CUP permit. Dabney stated that “no” they did not come up with a plan because they had heard from several experts who all stated the same concerns with the landscaping plans. It was left to the applicant to base their proposal on information received from the experts on what would work best at the site.</P> <P><BR>Jones asked Dabney and Weinaug if they accepted the proposal as being in compliance. Dabney stated the decision is up to the Board.&nbsp; </P> <P><BR>Weinaug stated the applicant made the argument that they planted the trees in accordance to the CUP, but they did not take care of them. Staff did find the evidence that the information in the CUP was not workable. Staff asked the applicant to come up with a proposal that would meet spirit of the original CUP. Weinaug told the Board that they must decide whether the alternate proposal currently submitted to the County to plant approximately 150 trees met the original intent of the CUP. </P> <P><BR>Dave Henry asked that the Commission help achieve getting the landscaping and berms in place along the roads on the quarry premises.</P> <P><BR>James Nicholson, plant manager, stated that the quarry complies with the active acres in use and the present state for reclamation. He produced a letter from the Kansas Water Resources Board stating active quarries are not required to have a water appropriation use permit until mining is complete. Nicholson read a memo from the Kansas State Conservation Commission regarding the lake in Phase 1A, stating the quarry is in compliance with reclamation and not subject to a bonding requirement.</P> <P><BR>Tom Nichols, 5425 Goddard, Shawnee, Kansas, is the son of property owners who lease land to Martin Marietta. Nichols stated he is in favor of approving the Conditional Use Permit and has a lot to lose if the property is not managed properly as he will inherit the land.</P> <P><BR>Allen Cutter, 8020 SE 29th, Tecumseh, stated he was in favor of the Conditional Use Permit. He is an excavating contractor, customer of Martin Marietta and friend of Bettis family. </P> <P><BR>Chris Reed again asked the Board for compliance regarding the landscaping and asked that the reclamation be brought to County standards. </P> <P><BR>Jones moved to close the public hearing; McElhaney seconded and the motion carried unanimously. </P> <P><BR>Jones stated there are a lot of issues and many beyond the Board’s capacity to judge. The compliance issue will carry forward to the new owner. At the time of the original permit, the Commissioners tried to do the right things for the right reasons. He would like to see a reasonable balance for the neighbors and for Martin Marietta. Jones stated that he would like to see approval strong compliance mechanism added to the CUP for a complete compliant review in three years. Regarding the trees, he stated he would like to have a standard, but is not aware of what percentage that would be. Having the plant operating, gives the best hope for compliance. He stated the Board has an obligation to the public to enforce the things required, and an obligation to the commitment made to those neighbors, even though it was made 17 years ago.</P> <P><BR>McElhaney stated that he feels staff has done an adequate job looking at compliance issues and assuring action has been taken. He has full confidence in staff that a new owner will meet compliance issues. Regarding the vegetation issue, he stated he could attest to trees he has planted 17 years ago that are no longer in place. He stated living, breathing, botanical vegetation comes and g&#160;s due to extreme circumstances. He also commented that he was bothered by hearing the statement “take this back to the Planning Board.” This has been in public review process for a long time. The Planning Staff report was done on January 22, 2007. No public comment was received prior to planning, even though letters were sent to surrounding property owners. The report shows the Planning Commission unanimously approved the CUP to transfer ownership and the Planning staff approved it. Staff has done a complete job and has contacted the appropriate agencies at the state level who have found the reclamation of the quarry to be in state compliance. He stated he is in favor of the CUP.</P> <P>&nbsp;<BR>Johnson stated his issue is with the trees. He feels the landscape plan developed 17 years ago was a bad plan. Based on Ron Baker’s evaluation, he stated the numbers do not add up but we may get a better result. If Baker can get 150 new trees living for a year, we have a better chance at getting a reasonable plan. He stated he would probably feel better if there were a larger number of trees. The issues of inspection and compliance are a real problem. It is incumbent upon us to put a two or three year window where we would bring this back for review and public comment. </P> <P><BR>Jones asked Miller if someone on the planning staff could review the plan and determine if proposed number of trees is reasonable. Miller stated that at Planning Commission, someone asked Sheila Stogsdill, Active Planning Director, about changing the number of trees and Stogsdill was not comfortable with the staff making the change. Miller stated the Planning Commission was in favor of the transfer as long as the County Commission found the quarry in compliance.</P> <P><BR>Johnson asked Eric Bettis, the buyer, what kind of neighbor he will be.<BR>Eric Bettis, Managing Member of Mid-States Materials, stated the business is locally owned and is just a phone call away. It is his standard policy to address questions, comments and concerns straight up. He welcomed the neighbors to call him if they have concerns and he is willing to meet with them. Bettis stated is looking forward to working with Douglas County and the neighbors as well. </P> <P><BR>Jones moved to place the item on the Consent Agenda for the Monday, July 16, 2007 meeting to approve the CUP-12-09-06 Conditional Use Permit for Big Springs Quarry to transfer operator from Martin Marietta Materials to Mid-States Materials, LLC. The motion was seconded by McElhaney and carried unanimously. </P> <P><STRONG>ACCOUNTS PAYABLE 07-11-07</STRONG><BR>Jones moved to approve manual checks in the amount of $661.96 paid on 07/09/07 and a wire transfer in the amount of $674,000.00 paid on 07/09/07.&nbsp; The motion was 07/11/07. Motion was seconded by McElhaney and carried unanimously.</P> <P>Johnson moved to adjourn; Jones seconded and the motion carried.</P> <P><BR>_____________________________ &nbsp;________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Jere McElhaney, Vice Chair</P> <P><BR>ATTEST:</P> <P>_____________________________&nbsp; &nbsp;_________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member&nbsp; <BR></P>

<P>Johnson called the meeting to order at 8:35 a.m. on Monday, August 20, 2007 with all members present.&nbsp; </P> <P>Johnson moved to approve the minutes of June 18 (as amended), June 25, July 2 (a.m.). July 2, (p.m.), July 9 (as amended), July 16, July 23, and July 25, 2007. </P> <P><STRONG>CONSENT AGENDA 08-20-07</STRONG><BR>Johnson moved approval of the following Consent Agenda:</P> <P>&#9658; Commission Orders Nos. 07-146, 07-147, 07-148, 07-149, 07-150,&nbsp;&nbsp; 07-151, 07-152 (on file in the office of the County Clerk); <BR>&#9658; Application for an authorized Emergency Vehicle Permit for Louis Disney; and<BR>&#9658;&nbsp; Receipt of Fee Reports for June and July 2007.</P> <P>The motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PLANNING &amp; AMENDMENT TO SUBDIVISION REGULATIONS 08-20-07</STRONG><BR>The Board considered approval of a joint City Ordinance No. 8132, and County Resolution No. 07-31 an amendment to Horizon 2020 creating Chapter 14-Specific Plans. Dan Warner, Lawrence-Douglas County Metropolitan Planning Department was present for discussion. The amendment provides guidance for long-range planning by using a Hierarchy of Plans. </P> <P>Jones moved to approve a joint Ordinance No. 8132 of the City of Lawrence, Kansas, and Resolution No. 07.31 of the Board of County Commissioners of Douglas County, Kansas, amending the Comprehensive Land Use Plan “Horizon 2020“ pursuant to K.S.A. 12-747, by adopting “Chapter Fourteen – Specific Plans in Horizon 2020, CPA-2007-01 Edition“ prepared by the Lawrence-Douglas County Metropolitan Planning Office and incorporating by reference said amendments. The motion was seconded by McElhaney and carried unanimously. </P> <P><STRONG>PLANNING &amp; VARIANCE 08-20-07</STRONG><BR>Linda Finger, Douglas County Planning Resource Coordinator, asked for direction by the Board to determine their level of participation in the appeals process for variances scheduled in accordance with Section 20-807(h) of the Subdivision Regulations. Jones asked how many variances Finger expected through the remainder of 2007. Finger stated no more than 10. The Board discussed scheduling the appeal hearings for Wednesday night meetings, but stated they strongly support the recommendations by Staff for their interpretation of subdivision policy.&nbsp; </P> <P>Jones moved to grant authority to the Chairman to represent the Board at the appeals hearing scheduled for August 22, 2007, to hear the variance issues and make a decision as he sees as appropriate. The motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 08-20-07</STRONG><BR>Jones moved to approve accounts payable in the amounts of $115,441.91 paid on 07/30/07, $1,135,715.65 paid on 08/13/07, and $1,153,556.72 paid on 08/20/07; wire transfers in the amounts of $901,362.50 paid on 07/31/07, $404,056.58 paid on 08/06/07; payroll in the amounts of $771,917.73 paid on 07/13/07, $750,087.91 paid on 08/02/07, and $762,825.16 paid on 08/10/07; FICA in the amounts of $57,007.49 paid on 07/20/07, $55,347.62 paid on 08/03/07, and $56,318.80 paid on 08/17/07; KPERS in and the amounts of $62,756.33 paid on 07/20/07, $62,105.93 paid on 08/17/07, and $60,418.25&nbsp; paid on 08/03/07; and manual checks in the amounts of $14,500.82 paid on 07/26/07, $748.00 paid on 07/30/07, and $6,094.00 paid on 08/06/07. The motion was seconded by Johnson and carried 2-0.</P> <P><STRONG>MISCELLANEOUS 08-20-07<BR></STRONG>Chris Huston, citizen, asked the Board for direction on who to speak with regarding the building of a house and converting an existing resident to a guest home on a 20- acre property in Grant Township, located within the UGA. He stated concerns about splitting the property into two 10-acres lots and the provision of a hard-surfaced road.</P> <P>Craig Weinaug, County Administrator, suggested Huston set up a meeting with Linda Finger, Douglas County Planning Resource Coordinator, immediately following the meeting for guidance.</P> <P>Jones moved to adjourn; Johnson seconded and the motion carried 3-0.</P> <P>&nbsp;</P> <P>____________________________&nbsp;&nbsp; ____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Vice Chair</P> <P>ATTEST:</P> <P>_____________________________&nbsp;&nbsp; ____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member<BR>&nbsp;&nbsp;&nbsp; <BR></P>

<P>Johnson called the meeting to order at 5:00 p.m. on Wednesday, July 18, 2007 with all members present. </P> <P><STRONG>BUDGET 07-18-07<BR></STRONG>The Board continued discussion from the July 16, 2007 meeting on the 2008 Budget. Johnson moved approval of the 2008 budget for publication and set the public hearing for August 22, 2007 at 6:35 p.m., with the following changes:&nbsp;&nbsp;&nbsp;</P> <P><EM>(Graph of&nbsp;changes is not printable, see&nbsp;official minutes on record at the County Administrator's&nbsp;office)</EM><BR>&nbsp;&nbsp;&nbsp;&nbsp;<BR>Motion was seconded by McElhaney and carried unanimously.</P> <P>The Board moved into recess at 5:50 p.m. for 45 minutes. </P> <P>The Board reconvened at 6:35 p.m. The Pledge of Allegiance was recited.</P> <P><STRONG>CONSENT AGENDA 07-18-07</STRONG><BR>There were no consent items.</P> <P><STRONG>PLANNING 07-18-07</STRONG><BR>The Board considered approval of TA-04-03-07. The amendment seeks to add a new article to the County Zoning Regulations regarding incorporating the City of Eudora’s source water protection zones as overlay zones and associated protection measures. Lisa Pool, Lawrence-Douglas County Metropolitan Planning Department was present for discussion. The Planning Commission recommended approval with a 9-0 vote with the condition that the Health Department review and approve before submitting to the Board of County Commissioners. The Health Department did approve. Also present for discussion were Cheryl Beatty, City of Eudora Administrator and Doug Helmkey with the Kansas Rural Water Association.&nbsp; </P> <P>Johnson asked what the rationale was for imposing water protection zones in the unincorporated area, not the City. Beatty stated that water protection zones are not required for cities the size of Eudora. The Kansas Rural Water Association received a grant to assist smaller cities in the development of water protection zones. The City of Eudora chose to participate in a grant to develop a plan of action to protect water within a two-mile zone, based on a geological study and survey establishing where zoning needs to be. With the assistance of KRWA, the City sat down with a team of citizens inside and outside the City interested in protecting water for the City of Eudora. They determined the risks and assessments, listed the plan, and determined what developers could and could not do within that district with regard to development, construction, mining or anything that might risk protection of water.&nbsp; </P> <P>Jones moved to approve TA-04-03-07, amendments to County Zoning Regulations, incorporating the City of Eudora’s source water protection zones as overlay zones and associated protection measures. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PLANNING 07-18-07</STRONG><BR>The Board considered item SP-06-42-07 for The Woods, a 353 site, located at the NE intersection of N 1800 Road and E 700 Road. Mary Miller, Lawrence-Douglas County Metropolitan Planning Department was present for discussion. The subject property contains a chapel and county club with a swimming pool and is zoned for agricultural use. A Conditional Use Permit (CUP) was submitted for a corporate retreat but was deferred indefinitely by the applicant. The planning office received a public comment letter signed by many area residents, primarily in relation to the CUP, but some of it pertained to the uses within the site plan. The concerns included rural water, sewer management and fire protection.</P> <P>Miller stated she spoke with Don Fuston of Rural Water District No. 5 and he believes they have the capacity to serve the development. However, the Board has not officially approved the meter. Miller stated the approval would not be final until staff gets the water district’s approval. The Douglas County Health Department also needs to approve the septic system and KDHE has to approve the lagoon. The site plan as conditioned meets County regulations and staff recommends approval. </P> <P>McElhaney asked for the amount of water consumption. Miller stated no more than 25 gallons per minute, the amount the water district said they would supply.&nbsp; </P> <P>Jones asked what activities are associated with a country club. Miller stated she did not have a definition but Keith Dabney, Director of Zoning and Codes Department, had a zoning and codes book that had defined a country club as a recreational club with activities such as golf or swimming pool for use by members and their guests. Jones asked if “recreation” could be weddings. Miller responded yes, assuming you are a member. Jones asked if there could be concerts and consumption of alcohol. Miller stated the alcohol could not be sold, unless the caterer of an event has a license. Jones asked if the facility would be used as a convention gathering or meeting hall. Miller replied not at this time. The owner was considering a CUP. The site plan only allows for a country club for use by members and guests.</P> <P>Paul Werner, Werner Architects, stated he understands the conditions regarding the rural water district issue and thinks they are in agreement with 25 gallons per minute. He is concerned about how to monitor it and where the meter g&#160;s. They are proposing a lagoon and a septic system. A lagoon would serve the country club building and possible future cabins on the north side. The chapel being off by itself on the south side of the pond would have minimal use and can be accommodated by a smaller septic system. The applicant plans to submit a CUP.</P> <P>McElhaney commented that we are looking at 15,000 gallons of water used per hour and 36,000 gallons per day. Werner stated it is a timing deal. He compared the fully built-out project to the size of the Eldridge Hotel. It serves 80 rooms, a restaurant and kitchen and uses 4,000 gallons per day. He stated the applicant may need a storage tank to pull the water at different times.</P> <P>Jones stated he has seen questions from neighbors. There were three questions received about guns and shooting, bullets and shotguns. Jones asked what recreational activities are anticipated and if shooting is a part of it. Warner stated he would anticipate hunting to be listed as a recreational activity on the CUP. There will be a pool, kitchen, dining reception hall, chapel, and weddings. Jones questioned if there was any intention to eliminate the overlap of use of guns and alcohol consumption. Johnson commented that it would be hard to do in a&nbsp;&nbsp; private club.&nbsp; </P> <P>Jones asked Warner if he agreed The Woods had a potential risk of fire. Warner stated he originally hoped to sprinkle the building, but at 25 gallons per minute, it cannot be done. Johnson questioned if the pond will be used for some sort of private fire protection. Werner stated they could hook their sprinkler system to feed from the pond. Nothing they plan to build technically needs sprinkling. </P> <P>Johnson questioned if the Kansas Department of Health and Environment (KDHE) will size the lagoon. Werner stated they have a civil engineer hired to determine that information.</P> <P>Jones stated a bullet carries further than shotgun pellets. He asked if there would be a problem restricting use of firearms to shotguns as opposed to rifles. Werner stated he is not prepared to answer that question; he would need to consult with his client.</P> <P>Johnson opened for public comment.</P> <P>Charlene Winter, adjacent neighbor to proposed Woods property, stated concerns of cigarettes causing grass fires. She has worked on the Rural Water Board No. 6 and she stated that meters were placed on the road because of possible leakage. She is concerned that adding water to The Woods will affect her water supply. She also suggested the use of bow and arrows for hunting in place of guns.&nbsp; </P> <P>Dennis Anderson, 1856 E 600 Road, stated that he and his wife sent a letter of protest to the Planning Staff. He questioned if supplying water to The Woods would affect his fire protection. Other concerns included traffic and possibility of odor from the lagoon. He asked if approval of the site plan automatically guarantees approval of the CUP. Johnson stated that site plan approval d&#160;s not obligate the board to grant water.</P> <P>Jones moved to close the public hearing; McElhaney seconded and the motion carried unanimously.</P> <P>Jones asked Dabney when shooting clay pigeons on a property becomes a shooting range. Dabney stated when someone pays to use the facility or there is charging of admission. Jones commented that people pay to be members. Dabney also stated you can shoot on a property with the owner’s permission now. However, when you have members plus additional individuals shooting, a CUP is required. </P> <P>Johnson asked how far the lagoon would be from the closest neighboring property. Werner stated 300' to the east (300' west of property line),17,000 feet off the road, and 2,000 feet behind the tree line to Mrs. Winter’s property. Regarding the driveway, Werner stated there needs to be a screen or a berm to address the headlights coming from the east. The entrance to the east is a much safer location for an entrance. The 700 Road access would be dangerous due to limited visibility. The hunting will be addressed more with the CUP. </P> <P>Jones stated he thinks water maybe an issue, but it is not the County’s issue. The water district has to make that decision.</P> <P>Jones moved to approve SP-06-42-07, a Site Plan for The Woods with two amendments: 1) the applicant is to screen the neighbor’s house from headlights coming from the east entrance, and 2) add a statement on the plan that site plan approval d&#160;s not convey any sort of approval with regard to use of guns as a recreational activity allowed with the country club. The motion was seconded by McElhaney and carried unanimously. <BR>&nbsp;<BR><STRONG>PLANNING 07-18-07</STRONG><BR>The Board considered the approval of PP-02-05-06 the expired Preliminary Plat of Stonewall Farms Addition. Sandra Day, Lawrence-Douglas County Metropolitan Planning Department, was present for discussion. The original Preliminary Plat was approved on April 17, 2006 and subject to three conditions. The subject property zoned A-1 (Surburban Home Residential District) is located on the south side of the existing Urban Growth Boundary north of I-70 highway, and is in Service Area 4 of the City of Lawrence Urban Growth Boundary. The property is 51.13 acres and is bounded to the north by 1800 Road and E 1000 Road, and bounded on the south side by I-70. The applicant is seeking permission for the Board to accept the submission of a final plat based on the previously approved (expired) preliminary plat as if the expiration had not occurred. </P> <P>Johnson asked why the applicant let the preliminary plat expire. Kevin Vogt, Peridian Group, stated his client missed the extension period because he was waiting to see how the area would develop. The client wasn’t ready to move as far as developing his property at that time, but feels comfortable with moving forward now. Jones stated it sounds like he deliberately let the deadline run past. </P> <P>Johnson stated for the benefit of the people in the audience the following information: the applicant was notified on 02/16/07 that the revised preliminary plat received by Planning Staff, complied with the conditions of approval; the plat was valid for a period of one-year from date of approval, which was April 2006, and that it would expire 4/17/07; and the applicant deliberately chose to ignore that information. The development regulations today are significantly different than they were at the time the preliminary plat was originally submitted. Johnson stated everything was done that could have been done to remind the developer that their plat was approved until 04/17/07. “Beyond that,” he stated, “I don’t think we owe them anything.” </P> <P>Johnson opened for public comment. </P> <P>Edward Collingsworth, 925 Kentucky, stated he knows nothing about that particular area of the county, but struggles with committees that show blatant disregard for city and county ordinances regarding deadline specifications. Collingsworth stated that because the applicant let the preliminary plat lapse, he should start the procedure under new zoning codes.</P> <P>Jones moved to deny the extension for approval of the preliminary plat for the Stonewall Farms Addition (PP-02-05-06). The motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PLANNING 07-18-07<BR></STRONG>The Board considered item CUP-04-07-07 a Conditional Use Permit for Vesecky Family Farms, located at 1814 N 600 Road. A valid protest petition certified by the Douglas County Clerk’s office was submitted to the Board requiring a unanimous vote of approval for the item to pass. The application was submitted by John Vesecky, property owner of record. Mary Miller, Lawrence-Douglas County Metropolitan Planning Department was present for discussion. The Planning Commission approved the item with a 6-3 vote. Staff recommends approval of a Condition Use Permit for Vesecky Family Farms, which will include a farmer’s market, outdoor dinner/theater and exterior boat storage, and forwarding of it to the County Commission with a recommendation for approval, based upon the following findings of fact:</P> <P><STRONG>Zoning and uses of property nearby.</STRONG> The majority of the surrounding land is zoned A (Agriculture) District with small portions of A-1 (Suburban Home) District to the west and south. The predominate land use in the area is agriculture with rural residences. There is a large area of state owned open space to the south, which includes the Baldwin State Lake and surrounding wooded area.</P> <P><STRONG>Character of the area.</STRONG> The area is primarily agricultural with some rural residential development. The area includes woodland, wooded stream corridors, and the Baldwin State Lake, as well as, a 24 lot platted residential subdivision. There is a steam, which travels north/south through the subject property, and adjacent properties, which has a floodway and floodplain associated with it. </P> <P><STRONG>Suitability of subject property for the uses to which it has been restricted.</STRONG><BR>A Conditional Use Permit (CUP) d&#160;s not change the base, underlying zoning. The suitability of the property for agricultural or rural residential use will not be altered. The 134 acre property currently contains cropland, berry patches and elk pens. The A District allows numerous uses, including agricultural uses and single-family dwellings. A portion of the property surrounding the north/south stream is wooded and encumbered with floodplain and floodway. The property is suitable for the uses to which it has been restricted. </P> <P><STRONG>Length of time subject property has remained vacant as zoned.</STRONG> The property is not developed, but has been in agricultural uses since the County Zoning Regulations went into effect. </P> <P><STRONG>Extent to which removal of restrictions will detrimentally affect nearby property.</STRONG> There are potential detrimental effects associated with the requested uses. There will be increased traffic due to the dinner/theater, farmers market and boat storage and there may be noise or light issues associated with late night events at the dinner/theatre.</P> <P><STRONG>Relative gain to the public health, safety and welfare by the destruction of the value of the petitioner’s property as compared to the hardship imposed upon the individual landowners.</STRONG> Approval of the Conditional Use Permit would benefit the community by providing an outlet for area farmer’s products, and a boat storage facility in the proximity of Baldwin State Lake. It would benefit the subject property owner by providing additional income potential from his farmland.</P> <P><STRONG>Conformance with the comprehensive plan.</STRONG> The proposal is in conformance with the comprehensive plan. The requested used would preserve the agricultural use of the land by allowing the farmer to develop agro-business’ which would not require development of the property or result in non-farm residential development. </P> <P>AND subject to the following conditions:</P> <P>1.&nbsp;A note must be added to the plan stating, “ADA accessible spaces shall be designed to meet the standards of the Americans with Disabilities Act Guidelines and shall be signed according to these standards.” Three spaces closest to the dinner theatre must be labeled as ADA accessible. <BR>2.&nbsp;The outdoor dinner/theater will be limited to 3 events per week. Late night events are limited to Friday and Saturday nights and must conclude by midnight.<BR>3.&nbsp;The plan must include the following information regarding the screening of the boat storage facility: A 3’ landscaped berm must be constructed on the east and south sides of the boat storage facility. The landscaping may be complete coniferous trees, or a combination of deciduous and coniferous trees at a ration of 2 to 1. Coniferous&nbsp;trees must be at least 6 – 8’ tall and deciduous trees must be 2 – 2 1/2” caliper. (This must be noted on the plan.) The trees must be planted on 15’ centers.<BR>4.&nbsp;A circulation plan must be submitted to the planning office showing the drive aisles and circulation pattern since the facility has only one entrance. The number of boars that can be stored in this facility must be listed on the plan.<BR>5.&nbsp;The parking layout for the boats must be shown on the plan and delineated on the site to provide for the orderly storage of boats.<BR>6.&nbsp;The plan must provide the dimensions of the Farmer’s Market building.<BR>7.&nbsp;This parking area near N 600 Road must be setback from the road a minimum of 15’ and be screened from the road with a view reducing barrier such as a berm between 3’ and 4’ high, compact evergreen shrubbery and/or trees or a combination of berm and landscaping. The screening treatment must be noted on the plan.<BR>8.&nbsp;The CUP will be administratively reviewed in 5 years.<BR>9.&nbsp;The CUP will expire at the end of 10 years, unless an application for renewal is approved by the local governing body.<BR>10.&nbsp;The Douglas County Health Department has approved the use of portable chemical toilets for the first year of operation. If the outdoor dinner theater use is continued beyond the first year, a septic system must be installed per the Douglas County Health Department regulations. The applicant must also provide the Douglas County Health Department with information regarding water supply and solid waste disposal at that time.</P> <P>Jones asked for the hours of operation for the dinner theater. Miller stated restrictions placed a limit of three events per week, any late night events are restricted to Friday and Saturday, and must end by midnight. The applicant at the Planning Commission meeting stated they would use some type of small portable speakers. Jones asked if there was a decibel limit. Miller stated there is not.</P> <P>McElhaney asked if the benefit district for N600 Road is designed for specific traffic load and weight. Johnson stated it is designed as a rural subdivision street and will be built and paid for by the neighbors, but would have through capabilities. McElhaney questioned how the theater traffic would affect the road capacity. Miller stated the township trustee didn’t think additional traffic would create any additional maintenance for them. Johnson stated the township would not maintain the subdivision road. Miller stated the County Engineer didn’t address that issue, but was not specifically asked. Johnson asked which uses, the farmers’ market, dinner theater, boat storage or berries, can be done without a CUP. Miller stated only the berries.</P> <P>John Vesecky, 1814 N 600 Road, stated he and his wife Sharon are proposing agri-tourism in the area. They presented a site plan showing berry sales, a proposed dinner theater with catered meals, and boat storage. Sharon Vesecky stated she visited with the Baldwin City Theater about productions and they were very interested in an opportunity to have another place to perform.</P> <P>Jones asked what the amphitheatre would look like. John Vesecky stated he preferred to have the stage area in concrete, but the theater group prefers wood. The stage would be 24 X 48 and would back up to trees. Jones asked why they only want to be permitted for a year. John Vesecky stated he d&#160;sn’t want to make a big investment unless the theater is successful. A septic system, which would be required after one-year, would be a costly investment. Sharon Vesecky stated the theater director said most productions would be over by&nbsp; 9:30 p.m. Jones asked if there would be rock concerts. Sharon Vesecky stated definitely not. They wouldn’t rule out quiet music, like a string quartet, but they don’t want loud noise. Jones stated that when they approve a CUP, that g&#160;s with the property. Jones asked if Mr. Vesecky is using a dust palliative. John Vesecky replied he was using dust palliative in front of his house. Jones asked if the theater, berry stand and boat storage would create a dust problem. John Vesecky stated there will be an increase in traffic, but Sharon Vesecky stated it wouldn’t be year around.</P> <P>Sharon Vesecky stated she plans to bring in a professional to determine the&nbsp; appropriate level of amplification. John Vesecky stated the theater will seat 150 people, and the theater is approximately 500' off the road. The other item requested is boat and RV storage off 1850 Road, which is approximately 1300 feet from N 600 Road and would have approximately 50 stalls with a field entrance. </P> <P>Johnson opened for public comment.</P> <P>David Brown, 615 E 1850 Road, stated he was disappointed in the Planning Commission meeting because his questions were not answered. He stated concern that alcohol would be served, and safety issues regarding an increase in traffic with large boats and RVs on busy, narrow township roads. He asked the Board what would happen in a few years. Johnson stated that the CUP is typically issued for a 10-year term with review in 5 years. It has limitations with respect to size and scope. Anything outside the CUP, the applicant would have to go back through the process. The sale of alcohol would not be permitted, but a licensed caterer could provide it. </P> <P>Charlie Upton, 1919 N 600 Road, stated concerns with dust, trash control, noise and stress on roadways. </P> <P>Jones moved to close the public hearing; McElhaney seconded and the motion carried unanimously.</P> <P>Jones stated he wanted to be clear about how he was making his decision. His biggest concern is the encouragement of residential sprawl. Things that don’t encourage sprawl are ok. He stated he felt the Vesecky’s intentions were to keep the land use for something closer to agricultural. He had concern for the dust and the theater’s impact on neighbors. However, he thought the Vesecky’s would be protective of the neighbors. Jones stated he would be in favor of the CUP, but thought 11 p.m. might be an appropriate limitation for the theater. </P> <P>McElhaney stated he was also concerned about the hours of operation. Midnight is a little late for this type of setting and use. He commented that we no longer have a traditional agricultural community any more. When people come forward with some agricultural use for land by changing the setting, we have to applaud them. He stated large equipment on the roads is a huge issue. The increased traffic creates an increase in dust and township maintenance issues. However, he stated he would be in favor of the CUP.</P> <P>Johnson stated he was concerned about the boat and RV storage on gravel roads off hard surfaced roads and the outdoor theater. If successful, there will be 60-70 vehicles, (140 round trips) 3-days a week. That is a lot of travel over a gravel road. Johnson stated he could not be supportive of a dinner theater or RV storage because he d&#160;sn’t feel it is the right place for either of these businesses. However, the Vesecky’s could continue the berry business or other homegrown products without a CUP. Miller added that if the Vesesky’s decided to open a farmer’s market by inviting other vendors, a CUP would be required.</P> <P>McElhaney moved to approve CUP-04-07-07 for Vesecky Family Farms and subject to the above listed conditions. The motion was seconded by Jones and failed with a 2-1 vote due to a certified protest agreement. Johnson opposed.</P> <P><STRONG>PLANNING 07-18-07</STRONG><BR>John Craft, Douglas County Resident, approached the Board with a request for clarification on the term “public water source” as used within the Subdivision Regulations. He has an opportunity to develop property in the UGA west of Iowa (Hwy 59), but cannot obtain a water meter from RWD #5. The regulations stated he must have a ‘publicly treated water source.’ He is requesting the use of a cistern to hold and contain water until he is eligible for a water meter. At this time, all Rural Water District #5 water meters are committed through 2009. Linda Finger, Douglas County Planning Resource Coordinator, was present for discussion along with Dan Partridge, Executive Director of the Lawrence-Douglas County Health Department.</P> <P>Jones asked if there is more than one house in play. Finger stated there is only one house, but because of the location, the acreage size forces him into a cluster development. Jones asked if Finger had a recommendation or was she just informing. Finger stated she did not. This item is more of a policy issue. Craft cannot develop or submit a certificate of survey, nor show he is on a list to obtain a water meter. It comes down to interpretation of the Board’s intent and direction to staff as to how to clarify, either to add the definition for publicly treated water source or to say water meter.</P> <P>Jones stated within the UGA there are two issues that come up with regard to water: 1) the supply of water that the City is selling to water districts, and 2) the hesitation on the part of the City or water district to allow infrastructure within UGA that is going to have to be purchased within annexation. Jones asked Finger if she sensed that the City has not gotten around to the issue of water meters, or the City would never like to see extensive water meters within UGA because of cost. Finger responded that she has nothing to evaluate that on with present administration.</P> <P>Dan Partridge, Executive Director of the Lawrence-Douglas County Health Department, stated if he were a county commissioner answering a policy issue, he would want to have systems of assurance that assure the population is healthy. He would have to say ‘no deal.’ He would recommend the Board narrow the interpretation of the definition and deny the request.</P> <P>Craft stated the Subdivision Regulations clearly do not state it requires a rural water meter, but states a “publicly treated water source.” Jones asked Craft about his effort to get a meter. Craft stated he has had conversations with Sharon Dwyer of RWD #5, who said the infrastructure is in place, and she would like to be able to release a meter, but they do not have meters available. All meters have been allotted through 2009 and the board has not set up a procedure on how they are going to allocate 27 meters for 2010. Craft stated he plans to purchase a meter as soon as one becomes available </P> <P>Jones asked Finger if the Board wanted to accommodate, would they have to amend the development regulations. Finger stated Craft would have to submit a Certificate of Survey, go through an appeals hearing as followed under procedures in 20-807(h) of the Subdivision Regulations and the Board cannot waive the requirements. Jones asked if it is likely to cause other people to come in with the same issue. Finger stated the Board would deal with this issue, tighten up that loophole and then initiate a text amendment to move this forward. </P> <P>After further discussion, the Chairman with concurrence of the other Board members, directed Linda Finger to bring new language to the Board for a text amendment to the Subdivision Regulations that would define ‘publicly treated water source’ in the UGA to mean a ‘rural water meter’ supplies the water and is delivered using the water districts delivery system.&nbsp;&nbsp;</P> <P>&nbsp;&nbsp;&nbsp; <BR><STRONG>PURCHASING 07-18-07<BR></STRONG>The Board considered the request of the Public Works Department to purchase a heavy duty tandem dump truck equipped with central hydraulic, snow plow and spreader (replacing a tandem axel 1997 Ford) and one F-450 pick-up truck equipped with a flatbed, central hydraulic, spreader and snow plow (replacing a <BR>1998 Chevrolet crew cab) both to be used for snow removal, asphalt repairs, and road and bridge operations. </P> <P>The prices are as follows:<BR>&nbsp;2008 F-450 (Shawnee Mission Ford)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; $&nbsp; 62,300<BR>&nbsp;Tandem Dump Truck (KCR International Truck, Inc.&nbsp;$189,372<BR>&nbsp;Total&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;$251,672&nbsp;&nbsp; </P> <P>McElhaney moved to approve the 2008 F-450 Shawnee Mission Ford for $62,300; and the Tandem Dump Truck from KCR International Truck, Inc. for $189,372 for a total of $251,672. The motion was seconded by Johnson and carried unanimously.</P> <P>McElhaney moved to adjourn the meeting; Johnson seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Vice Chair</P> <P><BR>ATTEST:</P> <P>_____________________________&nbsp;_________________________ <BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member&nbsp; </P> <P><BR>&nbsp;</P>

<P>Johnson called the meeting to order at 6:35 p.m. on Wednesday, August 22, 2007 with all members present. The Pledge of Allegiance was recited.</P> <P>McElhaney moved to approve the minutes of July 11, 2007. Motion was seconded by Jones and carried unanimously. </P> <P><STRONG>MISCELLANEOUS 08-22-07<BR></STRONG>Judge Deanell Tacha, Chair of the Freedom’s Frontier National Heritage Area, made a presentation to the Board regarding the proposed reorganization of tourism and historical assets for Douglas County as addressed in a letter to the Commissioners dated August 9, 2007. Also present at the meeting were Lavern Squier; President of the Lawrence-Douglas County Chamber of Commerce; and Judy Billings, Vice President of Conventions and Visitors Bureau.</P> <P><STRONG>PLANNING 08-22-07</STRONG><BR>The Board considered approval of CUP-02-03-07/SP-07-47-07, a site plan revision to an existing Conditional Use Permit for Clinton Cove Subdivision No. 2 for the expansion of mini-storage and outdoor storage uses for the entire 18-acre property to include more storage buildings and covered parking space. An additional commercial repair business is also proposed in the southeast corner of the site. The subject property is located on the NW corner of N 1415 and E900 Roads. The application was submitted by Landplan Engineering, P.A. for Souvenirs, LLC, property owner of record. Sandra Day, Lawrence-Douglas County Metropolitan Planning Department was present for discussion. Staff recommends approval of a revised site plan to an existing Conditional Use Permit CUP-02-03-07 for expansion of a mini storage and outdoor storage facility based on the following findings of fact:</P> <P>Zoning and uses of properties nearby. The subject property is surrounded by undeveloped property and abuts state property to the south. The area to the east of K-10 Highway is developed with residential homes on large lots.</P> <P>Character of the area. The character of the area is currently defined by the presence of nearby Clinton Lake and the state park. It is expected that this&nbsp; character will change as development pressure increases and the subject property and surrounding properties to the north and west are annexed into the City of Lawrence. The areas character will ultimately be redefined based on planning and development activity. </P> <P>Suitability of subject property for the uses to which it has been restricted.&nbsp;The proposed Conditional Use Permit is consistent with the location standards for mini-storage. The location is within the City of Lawrence Urban Growth Area and access to the site is provided via a paved road classified as a minor arterial thoroughfare according the Douglas County Major Thoroughfare Map in&nbsp;Horizon 2020. </P> <P>Length of time subject property has remained vacant as zoned. The subject property is developed and includes multiple commercial buildings and existing enclosed and open storage for boats and recreational vehicles. All of the buildings on the subject property are currently vacant. </P> <P>Extent to which removal or restrictions will detrimentally affect nearby property. The proposed Conditional Use Permit will not alter the base-zoning district, which allows for a variety of commercial uses. The surrounding area is undeveloped. The subject property is an identified commercial “node” in Horizon 2020. There is no anticipated detrimental impact or affect on adjacent properties as a result of approval of the proposed Conditional Use Permit. </P> <P>Relative gain to the public health, safety and welfare by the destruction of the value of the petitioner’s property as compared to the hardship imposed upon the individual landowners. Approval of the request will not impact the public health and safety either positively of negatively. Approval of the request will allow for redevelopment of the subject property consistent with approval design guidelines.</P> <P>Conformance with the comprehensive plan. The subject property is located within the Lawrence Urban Growth Area to the west of the City. As stated above, the property is also an existing commercial node. Historically this area has provided lake-oriented services, as well as, to serve the surrounding rural area. The general area is identified in Horizon 2020 as a future neighborhood commercial node. The proposed use d&#160;s not alter the commercial zoning district. The Comprehensive Plan d&#160;s not address conditional use permits. The proposed request will expand the service nature of the existing storage activities if approved. The expansion is consistent with general land use recommendations that address the support and expansion of existing commercial areas specifically.</P> <P>AND subject to the following conditions:</P> <P>1.&nbsp;Submission and approval of a photometric plan per 19-4.34 (4).<BR>2.&nbsp;Provision of proof from the Douglas County Zoning Codes Department confirming resolution of existing zoning violations to the release of the site plan for issuance of building permits.<BR>3.&nbsp;Provision of a revised site plan to clarify the use of the “commercial store: as either a retail activity or as a repair business.<BR>4.&nbsp;Provision of a revised site plan to show any overhead doors of the “commercial store” building (building A) as applicable.<BR>5.&nbsp;Provision of a note that no storage of vehicles shall be allowed within the parking lot area located east of building A.</P> <P>Day stated the applicant wishes to expand the original site plan to include additional storage, reserving a small portion of the property for commercial activity in the southern portion of the property. The applicant plans to make use of an existing building. One notable change to the project was reducing the amount of curb cuts on E900 Road. As of the date of this meeting, the original property had an active violation case open with the Zoning and Codes Department. Staff has asked for clarification on Condition No. 3 whether the owner intends to have a commercial business on the lot or repair service as permitted under the current B-3 zoning. Staff asks that customer parking, which is different from storage parking, be outlined as stated in Condition No. 5. </P> <P>Jones stated he did not understand whether the repair business was allowed under the CUP. Day explained that the CUP is effective for the area that is used for storage. The piece of property marked for commercial, in the B-3 District, would be allowed as part of the site plan approval, which is an element of the CUP. However, the mini storage can not be used to operate a repair service. Jones asked if the repair business would be outside the footprint of the CUP. Day stated “yes” it would and has nothing to do with the CUP, it is a site plan element. Jones stated there are some non-compliant buildings due to setback lines. He asked if the options were to fix the setbacks or get a variance. Day stated both are options to resolve the&nbsp;non-compliance. </P> <P>Tim Herndon, Landplan Engineering, asked for clarification on the need for a variance if the applicant chooses not to expand the building. Day stated that if the building is used in the existing footprint, the applicant would not need a variance. Expansion would require a variance. Herndon asked for revisions to the conditions of approval. He agreed with Condition No. 2. He stated some violations were inherited from the previous owner such as the dump truck and concrete truck parked on the lot. The property owner is currently working on terminating the leases involved. He understands this violation must be cleaned up prior to the release of a building permit. He stated the applicant needs a building permit to create an apartment, which will eliminate the need for the existing camper trailer.&nbsp; </P> <P>Johnson asked if Herndon was proposing a single unit occupied by an on site manager for the storage facility, and not a campground environment. Herndon agreed. He also discussed parking and asked that the Commission remove Condition No. 3. Herndon stated he agreed to Condition No. 4, but asked for rewording to Condition No. 5 to expand the note to read, “no storage of mobile homes, commercial or industrial trucks, tractor trailers or single-motor vehicles shall not be allowed in parking lot area east of Building A.” Jones stated if the owner decides to put in a vehicle repair service, he suggested using the wording “to allow vehicles in various stages of repair.”</P> <P>Johnson stated he spoke with Keith Dabney, Director of Zoning and Codes, who was concerned with the violations. He stated he would not issue a building permit until all violations are cleaned up. Jones asked for a timeline on completion of the residence. Herndon suggested one-year. </P> <P>McElhaney stated Staff has not had sufficient time to review tonight’s comments.&nbsp; </P> <P>The Board directed item CUP-02-03-07/SP-07-47-07 to go back to Staff for conditions review and put back on the agenda for consideration.</P> <P>PUBLIC WORKS 08-22-07<BR>The Board considered a request from Brad and Dawn Fire, 1248 E 2100 Road to create a one property owner benefit district for the purpose of funding improvements of chip seal to N 1300 Road from the end of the existing chip sealed surface (approximately 1/4 mile east of E 2100 Road) and E 2100 Road from N 1300 Road to their entrance. The preliminary, ballpark cost estimate for improvements would be $400,000. Keith Browning, Director of Public Works, was present for discussion. </P> <P>Browning stated that the City of Eudora plans to turn the existing chip and seal surface back to rock. So, the cost for improvements will go up dramatically from the preliminary estimate.&nbsp; </P> <P>Jones asked the owners why they want to do this. Brad Fire stated he and his wife plan on living at their location for a long time and wanted to make the investment.&nbsp; <BR>Jones calculated that the approximate yearly upkeep for such a road would cost about $8,000 to maintain a mile of chip/seal road for a year.&nbsp; He noted Eudora Township will be unable to maintain the chip sealed surface, so the County would assume maintenance responsibilities for the improved road. </P> <P>Jones stated he would only be willing to consider this benefit district if the County would receive increased tax revenues for maintaining the hard-surfaced road.&nbsp; Eudora Township must be willing to enter into an agreement by which the County would receive the assessments for road maintenance purposes from properties along the proposed improvements that would normally accrue to Eudora Township.</P> <P>Browning stated maybe the City of Eudora would also be willing to go into a partnership for the improvements. He suggested he and the Fire’s attend a township board meeting to discuss their options.&nbsp; </P> <P>No action was taken.</P> <P><STRONG>BUDGET 08-22-07</STRONG>&nbsp; <BR>As advertised, the Board conducted a public hearing regarding the 2008 budget. Jones moved to open the public hearing; McElhaney seconded and the motion carried.</P> <P>Hubbard Collinsworth, citizen, asked the Board where they stand on the WRAP program and where the Sheriff’s department stands on the re-entry program. Craig Weinaug, County Administrator, stated $250,000 was included in the 2008 budget for WRAP, but whether or not the County actually spent the funds on WRAP would be contingent on receipt and approval of a proposal from the school district as to how they proposed to operate the program without City of Lawrence funding.</P> <P>Jones moved to close the public hearing; McElhaney seconded and the motion carried. Jones moved to approve the 2008 Budget for Douglas County, Kansas. The motion was seconded by McElhaney and carried unanimously. </P> <P><STRONG>BUDGET &amp; RESOLUTIONS 08-22-07</STRONG><BR>Jones moved to approve Resolution 07-32, providing that Douglas County, Kansas levy an annual tax on all the assessed taxable tangible property of the County to construct, establish, maintain and operate a Juvenile Detention Facility to be located in Douglas County, Kansas and providing that the proceeds from said tax be maintained in a special fund for such purpose. McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>BUDGET &amp; RESOLUTIONS 08-22-07</STRONG><BR>Jones moved to approve Resolution 07-33, authorizing the levy of an annual tax for the Special Building Fund and specifying the purposes for such tax. McElhaney seconded and the motion carried unanimously.</P> <P>Jones moved to adjourn; JM seconded and the motion carried 3-0.</P> <P>&nbsp;</P> <P>____________________________&nbsp;&nbsp;&nbsp; ____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Vice Chair</P> <P>ATTEST:</P> <P>_____________________________&nbsp;&nbsp; ____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member</P>

<P>Johnson called the meeting to order at 8:30 a.m. on Monday, August 27, 2007 with all members present.&nbsp; </P> <P>Johnson moved to approve the minutes of August 20, 2007. Motion was seconded by Jones and carried 3-0. </P> <P><STRONG>CONSENT AGENDA 08-27-07<BR></STRONG>Johnson moved approval of the following Consent Agenda:</P> <P>&#9658; Commission Orders Nos. 07-153 and 07-154 (on file in the office of the County Clerk); and<BR>&#9658;&nbsp; Resolution No. 07-34 relating to and amending a regulated planning and zoning classification within the unincorporated territory of Douglas County, Kansas for Wakarusa Farms Estate.</P> <P>Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>YOUTH SERVICES &amp; SHERIFF 08-27-07</STRONG><BR>The Board considered approval of a new jail management system software package&nbsp; for the Jail and Youth Services. Funds have been allocated in the equipment reserve fund. Dave Dillon, Jail Management System Evaluation Committee, discussed with the Board the top two prospective systems: Spillman and Cisco. The consensus of the evaluating committee was that Spillman provides the best solution, even though they were not the lowest cost. The Spillman system will provide a better partitioning for juvenile records, offers a billing module that tracks inmates outside of Douglas County, has an inventory-tracking module, includes 1500 statistical reports and provides workflow capabilities through an internal messaging system. The Cisco system produced many errors during its demo. Pam Madl, Assistant County Administrator, stated the Sheriff department’s budget would be paying a large portion of the system approximately ($200,000) with the remaining ($150,000) from the equipment reserve fund. Maintenance will be included in the contract for five years, and then it will come from the Sheriff’s budget </P> <P>Johnson stated the Board is committed to the reentry program. And after further discussion, Jones moved to approve the contract with Spillman Technologies for a jail management system in the amount of $349,334, not the lowest bid. The motion was seconded by McElhaney and carried unanimously. </P> <P><STRONG>CLERK 08-27-07</STRONG><BR>Jamie Shew, Douglas County Clerk, asked the Board to consider a request to waive the RFP process for the replacement of the current tax software system. The current system no longer has the capacity to meet our current needs, and the mainframe computer system supporting the current system has reached the end of its lifespan. After researching what other large counties were doing: Sedgwick, Johnson and Wyandotte, it appear two systems are available; Manatron and Tyler Technologies. At this time, Tyler has not produced a workable system. Shew asked the Board to waive the RFP process and approve opening negotiation with Manatron for replacing the tax system. Funds have been set aside for the past five years in the equipment fund for this replacement.</P> <P>Johnson moved to approve waiving the RFP process and to approve opening negotiations with Manatron for the purpose of replacing the current tax software system. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 08-27-07</STRONG><BR>Johnson moved to approve accounts payable in the amount of $1,797,442.26 to be paid on 08/27/07; manual checks in the amount of $100.00 paid on 08/21/07;&nbsp; payroll in the amount of $180.00 paid on 08/11/07; and FICA in the amount of $13.77 paid on 08/20/07. The motion was seconded by Jones and carried unanimously. </P> <P><STRONG>MISCELLANEOUS 08-27-07</STRONG><BR>The Commissioners welcomed Teri Smith, as the new Director of the Emergency Management department. </P> <P><STRONG>MISCELLANEOUS 08-27-07</STRONG><BR>At 9:30 a.m., Johnson moved that the Board recess into Executive Session until 10:15 a.m. to discuss a matter, which would be deemed, privileged under the attorney-client relationship. The justification is to maintain attorney client privilege on a matter involving the City and Douglas County. Other attendees included: Evan Ice, County Counselor; Craig Weinaug, County Administrator; and Pam Madl, Assistant County Administrator. The motion was seconded by Jones and carried.</P> <P>At 10:15 a.m., Johnson moved for the Board to return to regular session; Jones seconded and the motion and carried. No action was taken.</P> <P>Jones moved to adjourn; Johnson seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>____________________________&nbsp; &nbsp;____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Vice Chair</P> <P>ATTEST:</P> <P>_____________________________&nbsp;&nbsp; ____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Charles Jones, Member<BR>&nbsp;&nbsp;&nbsp; </P>

<P>Johnson called the meeting to order at 6:35 p.m. on Wednesday, August 29, 2007 with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>PROCLAMATION 08-29-07</STRONG><BR>Debbie Schmidt, Co-chair of the Altrusa Service Committee, read a proclamation proclaiming September 8, 2007 as “International Literacy Day.” Johnson moved approval of the Proclamation as read; Jones seconded and the motion carried unanimously.&nbsp; </P> <P><STRONG>PROCLAMATION 08-29-07<BR></STRONG>Julie Jacobs, Douglas County Payroll Department, read a proclamation proclaiming the week of September 3 – 7, 2007 as “National Payroll Week.” Johnson moved approval of the Proclamation as read; Jones seconded and the motion carried unanimously.&nbsp; </P> <P><STRONG>PLANNING 08-29-07</STRONG>&nbsp; <BR>Sandra Day, Lawrence-Douglas County Metropolitan Planning Department, presented the Board with revisions to the conditions for CUP-02-03-07/SP-07-47-07 Conditional Use Permit and Site Plan deferred from the August 22, 2007 meeting. Day stated she met with the applicant and his representatives to discuss the conditions for approval and changes to the site plan. The site plan has been revised to modify the landscaping along the south side of the commercial area located in the southeast corner of the site to accommodate better visibility and possible vehicle parking in the future. All outstanding violations have been resolved with the exception of the RV that currently provides office and residential space for the on-site manager. The applicant is seeking approval to allow the use of the RV until the existing building space is remodeled and an occupancy permit is obtained, or not to exceed 12 months from the date of approval, which ever comes first.</P> <P>Staff recommends approval of the revised site plan to an existing Conditional Use Permit CUP -02-03-07 for expansion of a mini storage and outdoor storage facility based on the findings of fact stated in the body of the staff report as documented in the August 22, 2007 minutes and subject to the following conditions:</P> <P>1.&nbsp;Submission and approval of a photometric plan per 19-4.34 (4)</P> <P>2.&nbsp;Provision of proof from the Douglas County Zoning Codes Department confirming resolution of existing zoning violations prior to the release of the site plan for issuance of building permits. [Comments provided from County Zoning Administrator confirm site violations addressed and application submitted for County BZA for temporary use of RV for caretaker’s residence on-site.]</P> <P>3.&nbsp;Provision of a revised site plan to clarify the use of the “commercial store” as either a retail activity or as a repair business conforming to B-3 zoning requirements. </P> <P>4.&nbsp;Provision of a revised site plan to show any overhead doors of the “commercial store” building (building A) as applicable.</P> <P>5.&nbsp;Provision of a note that no storage of vehicles shall be allowed within the parking lot area located east of building A. </P> <P>Provision of a revised general note 18 to state, “The parking lot area located west of building A is for customer parking or activities associated with business operations allowed in B-3 zoning and specifically prohibits the storage of vehicles. Any outdoor storage or display outside of the storage facility shall first be approved by a revised site plan prior to activity or use of parking lot for storage or display activities.&nbsp; Site plan to be reviewed/approved administratively as appropriate within the B-3 district.</P> <P><BR>Jones moved to approve SP-07-47-07 site plan to an existing Conditional Use Permit CUP-02-03-07 for Clinton Cove Subdivision No. 2 Mini-Storage as amended by staff and subject to the above-listed conditions; and the Board granted approval to allow the property owner the use of an RV for management residence until he can obtain an occupancy permit for the remodel of an existing building space, for a period not to exceed 12 months. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>CONSENT AGENDA 08-29-07</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <P>&nbsp;&nbsp;&#9658; Acquisition of Easement for right-of-way acquired for drainage structure replacement Project No. 18500818, located on N 1850 Road at 818 E. </P> <P>The motion was seconded by McElhaney and carried 3-0.</P> <P><STRONG>RURAL WATER DISTRICTS 08-29-07</STRONG><BR>The Board opened a public hearing for the purpose of receiving written or oral objections and considering the approval of attachment of lands to Rural Water District No. 4 filed by the First Southern Baptist Church of Eudora, Kansas. Homer Baker, Chairman of the Building Committee for the First Southern Baptist Church, asked for a continuance with a date uncertain due to new information regarding interest from the City of Eudora to explore the possibility of supplying water to the church. Also present were Kevin Wood, Pastor of First Southern Baptist Church of Eudora; and Scott Schultz, Rural Water District No. 4. David Waters, attorney representing the City of Eudora, stated the City is opposed to the petition.</P> <P>Johnson made a motion to close the public hearing; Jones seconded and the motion carried unanimously.</P> <P>Jones moved to approve the request for continuance of the public hearing to a date uncertain, stating it was up to the applicant to bring the item back before the Board. McElhaney seconded and the motion carried unanimously.&nbsp;&nbsp; </P> <P><STRONG>RURAL WATER DISTRICTS 08-29-07</STRONG><BR>The Board opened a public hearing for the purpose of receiving written or oral objections and considering the approval of attachment of lands to Rural Water District No. 4 as filed by land owner Dallas Livingood. David Waters, attorney for City of Eudora, asked for clarity regarding the location of the tracts listed in the petition. </P> <P>Jones moved to close public hearing; McElhaney seconded and the motion carried unanimously.<BR>&nbsp;<BR>Jones moved approval of the petition for land attachment for the following lands: Lots 1, 2, 3, &amp; 4 of the South half (S 1/2 ) of the West half (W 1/2) of the northwest quarter (NW 1/4) of Section 26, Township 13 South, Range 20 East of the 6th P.M. consisting of 40 acres more or less. Motion was seconded by McElhaney and carried unanimously.&nbsp; </P> <P><STRONG>PUBLIC WORKS 08-29-07</STRONG><BR>The Board received a recommendation from the Lecompton Township for the County to declare a portion of E700 Road (1813 N to 2000 N) as “minimum maintenance.” The process requires a motion from the Board to enact a request for recommendation by resolution initiating action by the Planning Commission. Michael Kelly, Douglas County Surveyor, was present for discussion. Kelly stated the road has not been traveled in the last decade, but declaring it as a “minimum maintenance" road will keep properties from being landlocked. </P> <P>Jones moved approval of Resolution 07-35, requesting a recommendation concerning the designation of a portion of E700 Road as “minimum maintenance” and forwarding to the Planning Commission for recommendation. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 08-29-07</STRONG><BR>CJ moved to approve a wire transfer in the amount of $253,070.50 to be paid 08/31/07. Motion was seconded by McElhaney and carried unanimously. </P> <P><STRONG>APPOINTMENT 08-29-07<BR></STRONG>McElhaney made a motion to appoint John Studdard, Lawrence, Kansas, to the Jayhawk Area Agency on Aging Board of Directors, filling the unexpired term of John Hope. The term will expire on September 30, 2008. Motion was seconded by Jones and carried unanimously. </P> <P><STRONG>MISCELLANEOUS 08-29-07</STRONG> <BR>Jones asked Craig Weinaug, County Administrator, to schedule a review of the project “to do list.”</P> <P><STRONG>MISCELLANEOUS 08-29-07</STRONG><BR>The Board discussed the commitment level from the City on funding the upgrades and maintenance to the roads leading to and including the island for the new wastewater treatment plant</P> <P>Jones moved to adjourn; Johnson seconded and the motion carried 3-0.</P> <P>&nbsp;</P> <P>____________________________&nbsp;&nbsp; ____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Vice Chair</P> <P>ATTEST:</P> <P>_____________________________&nbsp;&nbsp; ____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member<BR>&nbsp;&nbsp;&nbsp; </P>

<P><BR>Johnson called the meeting to order at 6:50 p.m. on Wednesday, September 5, 2007, after a field trip to view Woodson Avenue in Lecompton, Kansas. All members were present for the meeting.</P> <P>Jones moved to approve the minutes of July 18, 2007 (as amended). Motion was seconded by McElhaney and carried 3-0. </P> <P><STRONG>CONSENT AGENDA 09-05-07</STRONG><BR>McElhaney moved approval of the following Consent Agenda:</P> <P>&#9658; Commission Orders No. 07-155 (on file in the office of the&nbsp;County Clerk); <BR>&#9658;&nbsp; Low bid for DGCO Project No. 2007-6 Milling and Bituminous Overlay on Routes 1023 and 1012 to Hamm Companies in the amount of $179,198.80, and authorized the Public Works Director to approve change orders totaling up to 10% of the contract amount; and<BR>&#9658; Low bid for DGCO Project No. 2007-11 for Hot-in-Place Recycling on Route 1029 to Cutler Repaving, Inc. in the amount of $249,176.00, and authorized the Public Works Director to approve change orders totaling up to 5% of the contract amount.</P> <P>Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PUBLIC WORKS 09-05-07</STRONG><BR>The Board discussed improvements to Woodson Avenue connecting County Roads 1029 and 1023. Keith Browning, Director of Public Works, was present for discussion. Estimated improvement costs for street improvements along with the repair of brick sidewalks was projected at $2 million. Funding options and grants were discussed. Johnson stated that though the County could participate as some level, the City would carry the majority of the responsibility. Jones suggested the City consider their options and come to the County Commission during the CIP process to enter their project. </P> <P>No action was taken.</P> <P>Item No. 3 was removed from the agenda.</P> <P><STRONG>SHERIFF DEPARTMENT 09-05-07</STRONG><BR>The Board participated in a general discussion with Lecompton Council members regarding the need for local code and speed limit enforcement in the City of Lecompton. Ken McGovern, Douglas County Sheriff, was present for discussion. Exchanges included what types of code enforcement are needed, the Sheriff’s staff’s abilities to enforce local speed limits; and the possible need for a municipal </P> <P>court for local citations issued. Jones commented that Lecompton is at a critical stage or transition period where they may be faced with becoming a full-service city.</P> <P>No action was taken. </P> <P><STRONG>APPOINTMENTS 09-05-07</STRONG><BR>Johnson moved to appoint Martha Skeet, Lawrence, Kansas, to the Jayhawk Area Agency on Aging Board of Directors, for a three-year term. Skeet originally filled the unexpired term of Kathy Donner. The motion was seconded by Jones and carried unanimously. </P> <P>ACCOUNTS PAYABLE 09-05-07<BR>McElhaney moved to approve accounts payable in the amount of $256,238.01 paid on 09/04/07. Jones seconded the motion and it carried 3-0.</P> <P>McElhaney moved to adjourn; Jones seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P>____________________________&nbsp;&nbsp;&nbsp;&nbsp; ____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp; Jere McElhaney, Vice Chair</P> <P>ATTEST:</P> <P>_____________________________&nbsp;&nbsp; ____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member</P>

<P>Johnson called the meeting to order at 8:35 a.m. on Monday, September 10, 2007 with all members present.&nbsp; </P> <P><STRONG>PROCLAMATION 09-10-07<BR></STRONG>Marsha Epstein, Headquarters Counseling Center; Maley Wilkins, People’s Bank; and Trent McKinley, Lawrence Police Department, were present to support a request for a Proclamation proclaiming the week of September 9-15, 2007, as “Suicide Prevention Week.” Jones moved to approve the Proclamation; Johnson seconded and the motion carried unanimously.<BR>&nbsp;&nbsp; <BR><STRONG>CONSENT AGENDA 09-10-07</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <P>&#9658; Commission Orders Nos. 07-156, 07-157, and 07-419 (on file in the office of the County Clerk); and<BR>&nbsp;&nbsp;&nbsp; <BR>Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PUBLIC WORKS 09-10-07</STRONG><BR>Keith Browning, Director of Public Works, asked for clarification from the Board on their intent regarding the “hard surfaced road” requirement in the subdivision regulations for developments within the UGA. The intent was not necessarily an asphalt or chip sealed road surface. Wakarusa Township is the only township with the capability to maintain chip sealed road surfaces. Grant and Kanwaka townships could maintain, “stabilized surfaced roads” using routine rock road maintenance practices and blading, which would require applications of a binding agent or dust palliative to retain the dust suppression.&nbsp; </P> <P>Johnson stated the Board’s intent was to hold the rural subdivisions outside the UGA to the same standards as those in the UGA. During the process of compromise, the Board chose to instead allow three divisions on a 20 acres parcel and the wording regarding hard-surfaced roads was not removed, creating a hurdle for many townships. </P> <P>Jones stated the issues he wants to balance are the people that have been there already and then the issue of dust. He stated the Board may need to have a discussion regarding whether the UGA really needs to extend all the way to the Jefferson County line or whether the policy in itself is appropriate anywhere. </P> <P>McElhaney stated he would like to know the additional costs for the County to maintain chip sealed road surfaces throughout all townships. Browning stated many townships cannot maintain the chip sealed road surfaces themselves, but could contract out. The County contracts out it’s chip sealed work, currently costing about $15,000 per mile, which is a topical seal with rock chips for about 40 miles total. It would cost more per mile to do less mileage. </P> <P>Jones stated the Board needs to step back and revisit what they are trying to accomplish. Johnson commented that unintentionally the Board created a standard that cannot be met. </P> <P>Dean Grob, Grob Engineering Services, stated he has a project on hold in Grant Township on N 1900 Road and Jahmar Acres, and asked the Board if the road met the regulations requirement for a hard-surfaced road.</P> <P>After discussion, Jones moved to determine N 1900 Road and the roads in Jahmar Acres&nbsp; comply with the Subdivision Regulations. The motion was seconded by McElhaney and carried unanimously.&nbsp; </P> <P>Chris Huston, Huston Homes representing Todd and Kristen Overzan, asked the Board to reexamine the Cluster Development Regulations and UGA Boundaries. He stated the hard-surfaced road issue will make it financially unfeasible for his client to put in a mile of road.</P> <P>It was the consensus of the Board to schedule a discussion on the wording of “direct access to hard-surfaced roads” within the UGA. Jones asked staff to verify if the City has a position on whether they prefer to annex gravel roads or a substandard hard-surfaced roads. The consensus response was that it did not matter because neither meets city codes.<BR>&nbsp;<BR><STRONG>TREASURER&nbsp; &amp; PROPERTY TAXES 09-10-07</STRONG><BR>Jones moved to approve Resolution 07-36, directing the County Counselor to institute a judicial tax foreclosure action in the District Court of Douglas County, Kansas. The motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>ROADS &amp; SOUTH LAWRENCE TRAFFICWAY 09-10-07<BR></STRONG>The Board discussed a letter from the U.S. Army Corps of Engineers concerning a request from the Federal Highway Administration (FHWA) to become a signatory to the existing Memorandum of Agreement (MOA) that mitigates the adverse effect to historic properties resulting from the proposed construction of the South Lawrence Trafficway. The original MOA was executed on June 20, 2003. </P> <P>Laura Ruth, Lawrence resident, asked for a copy of the letter and memorandum for review and questioned whether the Board has the authority to deny federal money. (Copies were provided at the meeting for those who requested them) </P> <P>Johnson moved to approve the First Amendment to the Memorandum of Agreement among the U.S. Army Corps of Engineers, Kansas City District; Kansas State Historic Preservation Officer; Kansas Department of Transportation; Baker University; Douglas County, Kansas; and the Advisory Council on Historic Preservation regarding the Kansas Highway 10 Bypass (South Lawrence Trafficway) in Douglas County, Kansas. The motion was seconded by McElhaney and carried&nbsp; 2-1, with Jones on opposition. </P> <P><STRONG>PLANNING/TEXT ADMENDMENTS TO SUBDIVISION REGULATIONS 09-10-07<BR></STRONG>The Board considered amendments to Article 8 (Joint City/County Subdivision Regulations) and Article 13 for the Development Code to modify requirements for topographical surveys. J&#160; Rexwinkle, Lawrence-Douglas County Metropolitan Planning Department, was present for discussion. The amendment would permit an applicant for a site plan or subdivision to use the City or Douglas County’s aerial topography data to fulfill the requirement for showing topography on the site, which is subject of the application instead of providing an actual field survey of the site. </P> <P>Jones moved approval of the proposed revisions [TA-06-13-07] to Section 20-812(a)(viii) of the “Land Development Code, June 26, 2007 Edition” to the City Commission and Board of County Commissioners and Section 20-1305(f)(vii) of the “Land Development Code, June 26, 2007 Edition” to the City Commission; and to add the words&nbsp; “Douglas County” into the wording of City of Lawrence aerial topography. The motion was seconded by McElhaney and carried unanimously. </P> <P><STRONG>PLANNING/TEXT ADMENDMENTS TO SUBDIVISION REGULATIONS 09-10-07 <BR></STRONG>The Board considered item TA-05-08-07, amendments to City/County Subdivision Regulations to address concerns identified in the March 1, 2007 work session with staff. Linda Finger, Planning Resource Coordinator, and J&#160; Rexwinkle, Lawrence-Douglas County Metropolitan Planning Department, were present for discussion.</P> <P>Jones moved approval to authorize staff to draft a resolution adopting changes to TA-05-08-07; with the exception of 20-806 (f) (1) leaving, the original wording as “tract of land”; McElhaney seconded and the motion carried unanimously.</P> <P>Jones moved to direct staff to draft language for the initiation of four new text amendments for roads, publicly treated water, clarification of conservations easements/set asides and the appeals process. The motion was seconded by McElhaney and carried unanimously. </P> <P><STRONG>ACCOUNTS PAYABLE 09-10-07</STRONG><BR>Jones moved to approve accounts payable in the amount of $214,558.17 to be paid on 09/10/07. Johnson seconded the motion and it carried 3-0.</P> <P><STRONG>EXECUTIVE SESSION 09-10-07</STRONG><BR>At 10:40 a.m., Johnson moved that the Board recess into Executive Session until 11:20 a.m. to discuss a matter, which would be deemed, privileged under the attorney-client relationship. The justification is to maintain attorney client privilege on a matter involving the City and Douglas County. Other attendees included: Evan Ice, County Counselor; Craig Weinaug, County Administrator; Pam Madl, Assistant County Administrator; and Jenny Hesseltine, County Administrator Intern. The motion was seconded by Jones and carried.</P> <P>At 11:20 a.m., Johnson moved for the Board to return to regular session; Jones seconded and the motion and carried. No action was taken.</P> <P><STRONG>FAIRGROUNDS 09-10-07&nbsp; <BR></STRONG>The Board reviewed finalized plans for the Dreher Building. It was noted that the building has been downsized due to cost and a basement was added. The building budget is $600,000 with $80,000 reserved for furnishing. The County will pay for the cost of the basement and has designated the basement as County storage area. Breakdown for County expenditures is as follows:<BR>&nbsp;$105,000&nbsp;for the basement itself<BR>&nbsp;$&nbsp; 13,300&nbsp;for the floor structure<BR>&nbsp;<U>$&nbsp; 30,000&nbsp;for the fire sprinkler system<BR></U>&nbsp;$148,000&nbsp;Total</P> <P>It was a consensus from the County Commission that the plans were acceptable. </P> <P>Johnson moved to adjourn the meeting; Jones seconded and the motion carried.&nbsp; </P> <P><BR>____________________________&nbsp;&nbsp;&nbsp;&nbsp; ____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Jere McElhaney, Vice Chair</P> <P>ATTEST:</P> <P>_____________________________&nbsp;&nbsp; ____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Charles Jones, Member<BR>&nbsp;&nbsp;&nbsp; </P>

<P>Johnson called the meeting to order at 5:30 p.m. on Wednesday, September 12, 2007 with all members present.</P> <P><STRONG>PROCLAMATION 09-12-07</STRONG><BR>Teri Smith, Director of Emergency Management, presented the Board with a&nbsp; proclamation proclaiming the month of September 2007, as “National Preparedness Month.” Jones moved to approve the Proclamation; Johnson seconded and the motion carried unanimously.</P> <P><STRONG>PROCLAMATION 09-12-07</STRONG><BR>Ken McGovern, Douglas County Sheriff; Sergeant Wes Houk, Douglas County Sheriff’s Department; and John Drees, LMH Child Protection Safety Coalition were present to support a request for a proclamation proclaiming September 16-22, 2007 as “Child Passenger Safety Week.” Jones moved to approve the Proclamation; McElhaney seconded and the motion carried unanimously. </P> <P><STRONG>PLANNING 09-12-07</STRONG><BR>Dan Warner, Lawrence-Douglas County Metropolitan Planning Commission, and Susan Henderson, Director of Design for PlaceMakers, made a presentation to the Board on SmartCode, a new proposed development option to promote small town living communities, implementing small scale commercial along with various housing opportunities within city boundaries. </P> <P><STRONG>CONSENT AGENDA 09-12-07<BR></STRONG>Jones moved approval of the following Consent Agenda:</P> <P>&#9658; Commission Orders No. 07-158 (on file in the office of the County Clerk); <BR>&nbsp;<BR>Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 09-12-07</STRONG><BR>Jones moved to approve a wire transfer in the amount of $674,000.00 paid on 09/12/07. McElhaney seconded the motion and it carried 3-0.</P> <P>Johnson moved to adjourn; Jones seconded and the motion carried unanimously.</P> <P><BR>____________________________&nbsp;&nbsp; ____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Vice Chair</P> <P>ATTEST:</P> <P>_____________________________&nbsp;&nbsp; ____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member</P>

<P><BR>McElhaney called the meeting to order at 8:30 a.m. on Monday, September 17, 2007 with two members present. Johnson was absent.&nbsp; </P> <P><STRONG>PURCHASING 09-17-07</STRONG> <BR>The Board considered the recommendation of the contract award for Phase 1of the Courthouse Restoration project. The contract for Phase 1 will address immediate repairs of the chimney, clock tower, balcony, west entrance stone restoration, clock tower roof repairs and snow melt equipment for the west entrance sidewalk and steps. Jackie Waggoner, Director of Purchasing; and Don McMican, DGM Consults, were present for discussion. Funds have been allocated in the Building and CIP budgets. The proposed time frame for the completion of Phase 1 is one year.</P> <P>Jones moved to approve the low responsive bid in the amount of $1,122,298 from Restoration and Waterproofing Contractors, Inc., which includes bid plus alternates 1, 2, 4, 5a, 5b, and 6; and to authorize Craig Weinaug, County Administrator, to approve change orders up to an amount of $50,000. Any change order exceeding $50,000 would be brought to the Commission for consideration. Motion was seconded by McElhaney and carried 2-0.</P> <P><STRONG>ACCOUNTS PAYABLE 09-17-07</STRONG><BR>Jones moved to approve a manual check in the amount of $400.00 paid on 09/10/07 and accounts payable in the amount of $295,104.55 to be paid on 09/17/07. Motion was seconded by McElhaney and carried 2-0.</P> <P>McElhaney moved to adjourn the meeting; Jones seconded and the motion carried.&nbsp; </P> <P><BR>____________________________&nbsp;&nbsp; ____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Vice Chair</P> <P>ATTEST:</P> <P>_____________________________&nbsp;&nbsp; ____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member<BR>&nbsp;&nbsp;&nbsp; </P>

<P><BR>Johnson called the meeting to order at 6:35 p.m. on Wednesday, September 19, 2007 with all members present. The Pledge of Allegiance was recited.</P> <P><B>ANNEXATION &amp; WASTE WATER RECLAMATION FACILITY 09-19-07<BR></B>The Board considered the approval of Resolution No. 6724 for an annexation for approximately 537 acres, located one mile south of the City limits, northeast of the intersection of E 1600 and N 1175 Roads. The proposed use of land is for a utility plant, which will provide wastewater reclamation services needed for additional development within the City and surrounding areas. The application was submitted by Bartlett &amp; West Engineers for the City of Lawrence, property owner of record. Mary Miller, Lawrence-Douglas County Metropolitan Planning Department, was present for discussion. The request for annexation is accompanied by a rezoning application, a preliminary plat, and an Institutional Development Plan/Special Use Permit. The plan complies with Horizon 2020 and with the annexation policy. The property is currently zoned V-C (Valley Channel) and A (Agricultural). The property has very few residences nearby with buffers to the north and east sides of the property. Staff recommends approval of the requested annexation with the following condition:</P> <P>1. Compensation be made to Rural Water District #4 for any rural water district facilities within the annexed area.</P> <P>McElhaney asked if Wakarusa Township has been updated. Miller stated the Wakarusa Township Trustee attended some of the meetings and was involved during the work process. </P> <P>Jones asked for clarification on the action requested from the Board. Miller stated there are two actions, the Annexation and the minimum maintenance road issues. The Special Use Permit will go to the City Commission.</P> <P>David Corliss, Lawrence City Manager, introduced Mike Lawless as the Wakarusa Project Engineer. Lawless gave background information on the site selection and discussed issues being addressed, which included odor control, impacts to the Wakarusa River, quality &amp; hydraulic impacts, utilities (electric, gas, water and communications), neighbors, traffic and roads. </P> <P>Jones asked what roads would be used as truck traffic routes to the facility. Wagner stated US Highway 59, and County roads 458 and 1055 would be used as truck routes. We would use these roads to direct traffic to get to the intersection of E1500 and N1100. Jones asked where the trucks come from and what they would be hauling. Wagner stated at this time he d&#160;s not know. </P> <P>Jones asked if the City was committed to returning the roads to the same condition as they started prior to the construction of the facility. He commented that this commitment is important to the County as a matter of faith and partnership with the City. Lawless stated that the City would take pictures of the roads prior to using them. </P> <P>Jones asked Keith Browning, Director of Public Works, what the potential impact of the construction project will be to County roads and roads outside the boundaries of the project. Browning stated he d&#160;s not know what kind of truck traffic we are talking about, until the City can determine where the fill will be coming from. If the trucks all come down 458 and 1055, it is a concern. This type of heavy load on our roads could cause a problem. County roads are designed to take this type of traffic, but township roads are not. Lawless stated we are looking at longer than a two-year process. However, the majority of the heavy use will be during the beginning of the process when fill and concrete are brought in.</P> <P>Corliss stated the City is committed to responding to damage of County and any township roads that g&#160;s beyond normal wear and tear during the construction project. </P> <P>Jones stated he thinks there is a potential for consequences and he wants to make sure from the beginning, that there is a spirit of cooperation from the City in addressing these consequences. Corliss responded that the City is committed to leaving the township and county roads in as good of shape as they found them, understanding that there will still be normal maintenance on those roads as well.</P> <P>McElhaney asked if speed limits during construction have been addressed for township and county roads. Lawless stated not at this time. </P> <P>Jones asked what would happen with the part of the site not occupied by the facility. Lawless stated they are looking at several options, which include continued use as agriculture operations with the possibility of applying some bio-solids, returning some area to natural habitat, and providing a riparian buffer on the Wakarusa to protect the watershed.</P> <P>Johnson asked what is meant by N1175 being used as a secondary access. Lawless stated that N1175 Road provides an alternate route if 1600 Road would be blocked or unusable. </P> <P>Johnson opened the meeting for public comment:<BR><BR>Mayor Sue Hack stated the reclamation facility is an incredibly important project for the future of Lawrence and Douglas County. The Cityfs current facility will be topped off in 2011, so this is not a facility that can put on hold for very long. Hack stated she appreciates the spirit of cooperation that she feels is shown in these kinds of actions. She also assures the County Commission that any damage the City d&#160;s to County roads will be repaired by the City. She and Commissioner Amyx are only 40% of the City Commission, but she cannot imagine that the rest would not follow. She stated this is an exciting opportunity for planning the growth for Lawrence and Douglas County and she appreciates the Countyfs help in getting them there. </P> <P>Johnson moved to close the public hearing; Jones seconded and the motion carried unanimously. </P> <P>Johnson moved that the Board make the following findings: 1) the owners of the real estate have requested annexation of such real estate to the City, and 2) the annexation of the real estate will not hinder or prevent the proper growth and development of the area or that of any other incorporated city located in Douglas County, Kansas, and subject to the above listed condition. The foregoing findings shall be spread at length upon the journal of proceedings of the Board. The motion was seconded by Jones and carried 3-0.</P> <P><B>PUBLIC WORKS &amp; ANNEXATION 09-19-07</B><BR>Jones moved to approve Resolution 07-38 initiating proceedings to consider discontinuance of minimum maintenance road designations. Motion was seconded by McElhaney and carried 3-0.</P> <P><B>RURAL WATER DISTRICT NO. 4 &amp; ATTACHMENT OF LANDS 09-19-07<BR></B>The Board held a public hearing for the petition for approval of attachment of lands to Rural Water District No. 4. Scott Schultz, Rural Water District No. 4, was present for discussion. </P> <P>Troy Holck, petitioner, stated he purchased a 40-acre tract in October 2006 and found out that rural water was not available. He tried drilling a well, but no water was found. Holck asked that his property and a group of surrounding landowners be annexed and attached to Rural Water District No. 4. </P> <P>Jones asked Keith Dabney, Director of Zoning and Codes, if Holckfs property, a flag shaped lot, is developable. Dabney stated that property might be developed if purchased prior to December 2006 when the new subdivision regulations came into effect. Jones stated the property would have to meet the regulation requirements in order to build on the property. The approval of land attachment is not a guarantee.</P> <P>Jones moved to approve the petition for approval of attachment of lands to Rural Water District No. 4, Douglas County, Kansas; to amend petition for approval of attachments of lands to Rural Water district No. 4, Douglas County, Kansas, to correct the legal description regarding attachment of land by petitioners Robert B. McTaggart and Sarah L. McTaggart. </P> <P>The lands sought to be attached are described as follows (i) a parcel of land located in the northwest quarter of Section 27, Township 14 South, Range 21 East of the 6th P.M., Douglas County, Kansas, more particularly described as follows: Commencing at the northwest corner of the northwest quarter; thence South 00&#60;13&#160;24 East, 2409.52 feet to the point of beginning, said point being on the West line of the northwest quarter; thence North 89&#60;38&#160;14 East 250.00 feet; thence South 00&#60;13&#160;24East 190.00; thence North 89&#60;38&#160;14 East 1175.21 feet; thence North 00&#60;14&#160;42 West, 1270.56 feet; thence North 89&#60;36&#160;14 East 1225.51 feet, said point being on the East line of the northwest quarter; thence South 00&#60;09&#160;07 East 1331.13 feet, said point being the southeast <BR>corner of the northwest quarter; thence South 89&#60;38&#160;14 West 2648.58 feet, said point being the southwest corner of the northwest quarter: thence, North 00&#60;13&#160;24 West, 250.00 feet to the point of beginning, and being known as Parcel 3 as shown in Plat Survey record March 2, 2006, in book 1002, page 3712; (ii) North 20 acres of West half of southwest quarter of Section 27, Township 14 South, Range 21 East; (iii) Commencing at the southwest corner of southwest quarter of Section 27, Township 14 South, Range 21 East, thence North 00&#60;13&#160;24 West 1330.24 feet to point of beginning, said point being on West line southwest quarter; thence continued along said West line North 00&#60;13&#160;24 West 342.26 feet thence North 89&#60;38&#160;14 East 1323.67 feet, said point being on East line West half of southwest quarter; thence along said East line South 00&#60;11&#160;15 East 349.05 feet thence South 89&#60;55&#160;52 West 1323.45 feet to point of beginning, containing 9.39 acres; (iv) Commencing at the northwest corner of the southwest quarter of Section 27, Township 14 South, Range 21 East, thence South 00&#60;13&#160;24 East 657.97 feet to point of beginning on West line of southwest quarter: thence North 89&#60;38&#160;14 East 1323.88 feet to East line of West half of southwest quarter thence along said East line South 00&#60;11&#160;15 East 329.06 feet thence South 89&#60;38&#160;14 West 1323.67 feet to West line of southwest quarter thence North 00&#60;13&#160;24 West 329.06 feet to point of beginning, less public road right of way, containing 10 acres; (v) Beginning at a point 887.95 feet West of southeast corner of Section 28, Township 14 South, Range 21 East, thence West 470.6 feet thence North 2046 feet, extending 726 feet into North half said quarter section; thence 470.6 feet thence South 2046 feet to point of beginning, containing 22.1 acres; (vi) East 887.95 feet of South half or southeast quarter of Section 28, Township 14 South, Range 21 East, containing 26.9 acres; (vii) East 15 acres of South 44 acres of North half of southeast quarter Section 28, Township 14 South, Range 21 East; (viii) Beginning at southwest corner of Section 27, Township 14 South, Range 21 East thence North 00&#60;13&#160;24 West 660 feet, said point being on West line southwest quarter: thence North 89&#60;55&#160;52 East 330 feet thence South 00&#60;13&#160;24 East 660 feet, said point being on South line southwest quarter, thence South 89&#60;55&#160;52 West 330 feet to point of beginning, containing 5 acres; (ix) East half of northeast quarter of Section 33, Township 14 South, Range 21 East, less: Begin at northeast corner of Northeast quarter of Section 33, Township 14 South, Range 21 East; thence West 25 rods; thence South 64 rods; thence North 64 rods to beginning in Douglas County, Kansas, containing 10 acres. AND Commencing 32 rods South of the Northeast corner of the Northeast Quarter of Section 33, Township 14, Range 21, to the point of beginning, thence South 32 Rods, thence West 25 rods, thence North 32 rods, thence East 25 rods to point of beginning in Douglas County, Kansas. </P> <P>Motion was seconded by McElhaney and carried 3-0.</P> <P><B>ZONING &amp; TEXT AMENDMENTS 09-19-07 <BR></B>The Board considered a resolution for the addition of Article 22A to the Douglas County Zoning Regulation. The text amendments TA-04-03-07 were approved by the Board on July 18, 2007. Keith Dabney, Director of Zoning and Codes Department, was present for discussion. </P> <P>Johnson moved to approve Resolution 07-37 relating to and amending the Zoning Regulations for the unincorporated Territory of Douglas County, Kansas. The motion was seconded by Jones and carried unanimously. </P> <P><B>PUBLIC WORKS 09-19-07</B><BR>The Board considered approval to solicit bids for silica fume overlays for Bridge No. 16.00N-02.11E located on Route 442 on the west edge of Stull; and Bridge No. 11.00N-13.30E located N1100 Road east of US-59 highway. Keith Browning, Director of Public Works, was present for discussion. The primary reason for the proposed overly is to prolong the life of the bridge. Both bridges show signs of cracking. The CIP currently includes $80,000 for a silica fume overlay for Bridge No. 16.00N-02.11E, but d&#160;s not include Bridge No. 11.00N-13.30E. Browning requests to fund both silica fume overlay projects from the CIP and to resurface, with asphalt, the roadway approaches to the bridge. Preliminary cost estimates are $65,000 for the bridge on Route 422, and $60,000 for the bridge on N1100 Road. Pam Madl, Assistant County Administrator, stated funds are available in the CIP. </P> <P>After discussion, Jones moved to approve the solicit of bids for silica fume overlays for Bridge No. 16.00N-02.11E located on Route 442 on the west side of Stull, and Bridge No. 11.00-13.30, located on N 1100 Road 0.3 miles east of US-59 highway. The motion was seconded by Johnson and carried unanimously.</P> <P>Johnson moved to adjourn the meeting; Jones seconded and the motion carried unanimously. </P> <P></P> <P>____________________________ ____________________________<BR>Bob Johnson, Chairman Jere McElhaney, Vice Chair</P> <P>ATTEST:</P> <P>_____________________________ ____________________________<BR>Jamie Shew, County Clerk Charles Jones, Member</P>

<P>&nbsp;</P> <P>Johnson called the meeting to order at 8:30 a.m. on Monday, September 24, 2007 with all members present.&nbsp; </P> <P><STRONG>MISCELLANEOUS 09-24-07<BR></STRONG>Marion Johnson, County Appraiser, thanked the Board for the Proclamation they signed regarding his many contributions to Douglas County. It was presented to Marion Johnson at a recent Appraiser’s Conference honoring Marion as the president.</P> <P>McElhaney moved to approved the minutes of August 22, August 27, September 5, September 10, September 12 and September 17, 2007 (as amended). Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>CONSENT AGENDA 09-24-07</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <P>&#9658; Change order to Project 2007-6 to add paving fabric on Route 1023 in Lecompton, and reaffirm authorization for Public Works Director to approve additional change orders totaling up to 10% of the contract amount.</P> <P>The motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PLANNING 09-24-07</STRONG><BR>Dan Warner, Lawrence-Douglas County Metropolitan Planning Department, asked the Board to consider a challenge to the US Census Bureau 2006 population estimates. Staff has determined that the US Census Bureau is underestimating both the City of Lawrence and Douglas County population by approximately 522 people, which will affect federal funding. </P> <P>Johnson moved to authorize Planning Staff to proceed with the challenge of the US Census Bureau 2006 population estimates for Douglas County. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>COMMUNITY CORRECTIONS 09-24-07<BR></STRONG>Ron Stegall, Director of Community Corrections, presented the Board with a request for approval of the following: <BR>a)&nbsp;Douglas County Outcome Report&nbsp; Fiscal Years 2007, 2008 and 2009 to the Kansas Department of Corrections;<BR>b)&nbsp;State Outcome Report for Statewide Performance Measures Fiscal Years 2007, 2008 and 2009 to Kansas Department of Corrections; <BR>c)&nbsp;Senate Bill 14 Risk Reduction Initiative FY 2008 Competitive Grant Application; and<BR>d)&nbsp;FY 2008 Carryover Reimbursement Plan Budget Summary(s) and Budget Narrative(s).</P> <P>Jones moved to approve the request for above-listed grant, award and reports items a, b, c, and d. Motion was seconded by McElhaney and carried unanimously. </P> <P><STRONG>APPOINTMENT 09-24-07</STRONG><BR>McElhaney moved to approve the reappointment of Melissa Boisen to the Douglas County Community Corrections and Youth Services Advisory Board for a third 2-year term, which will expire December 2009. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>CLERK &amp; TREASURER 09-24-07<BR></STRONG>The Board considered entering into a contract with Government Finance Officers Association (GFOA), a non-profit organization, to provide an independent expert analysis on general ledgers, accounts payable and receivable, project accounting, budgeting, fixed assets, purchasing, grants management, tax revenue integration and payroll integration. Jamie Shew, Douglas County Clerk, and Paula Gilchrist, Douglas County Treasurer, outlined the benefits of the analysis and discussed goals of the offices of the Treasurer and Clerk to enhance current technology, and improve systems and processes for better customer services. </P> <P>After discussion, Jones moved to authorize staff to waive the Request For Proposal process (RFP), and directed the Finance System Committee to begin negotiations with GFOA on an evaluation of the County financial systems. Motion was seconded by McElhaney and carried unanimously. </P> <P><STRONG>PLANNING 09-24-07</STRONG><BR>The Board considered the approval of Text Amendments to initiate for Public Hearing at the October Planning Commission meeting. Linda Finger, Planning Resource Coordinator, was present for discussion. The Board discussed wording revisions to the following initiatives:<BR>a)&nbsp;Clarifying the intent for publicly treated water in all UGA residential developments, Section 20-811 Public Improvements(e)(1): The Board requested the language on the issue of Publicly Treated Water, to be revised to “distributed by a water meter to the residence in question”.</P> <P>b)&nbsp;Clarifying the appeals procedure for sections 20-804, 20-805 and 20-806: It was the consensus of the Board that the terms “severe hardship” and “impractical” made the regulations too subjective to be easily enforced by the Planning Director. The Board directed staff to find better wording that more concisely delineated conditions under which a waiver would be granted. That directed staff to return with the proposed amendment when this had been accomplished.&nbsp; Specifically noted by the Commission was that the term “impractical” should be clarified to be mean this is not a fiscal impracticality. <BR>c)&nbsp;Revising where the standard for hard-surfaced roads apply in the Urban Growth Area: The Board directed staff to remove reference to the service areas in Section 20-804 Cluster Development and Section 20-805 Large Parcel Property Division (which were included in amendments they considered in September that have yet to come back to the Commission in Resolution form for adoption); and, to add the word “local” to the County’s rock road standard.&nbsp; </P> <P>d)&nbsp;Revising the current code language for Conservation Easements to make them voluntary and to require “set asides” for sensitive lands in the UGA in addition to the identification of Immediate and Future Development Areas.&nbsp; It was noted that the consensus on the Board has changed since adoption in December ’06 on how Conservation Easements are to be used/considered in the Unincorporated Area [both within the UGA and in the Rural Area].&nbsp; All references in the draft amendment to initiate are to be revised from “Resource Conservation Agreement” and “Conservation Easement” to “Temporary Conservation Agreement” and “Permanent Conservation Easement”.&nbsp; This initiated amendment applies to: Section 20-804(c)(2) Cluster Developments; Section 20-805(c)(2) Large Parcel Property Division; Section 20-807(h) Certificate of Survey:&nbsp; Section 20-810(j)&nbsp; Subdivision Design Standards; and&nbsp; Section 20-815.&nbsp; Interpretations, Rules of Construction and Definitions.<BR>&nbsp;<BR>After discussion, Jones moved to initiate for public hearing the wording revisions as amended for items a, c, and d above.&nbsp; Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 09-24-07</STRONG><BR>Johnson moved to approve accounts payable in the amount of $275,779.74 to paid on 09/24/07. The motion was seconded by McElhaney and carried unanimously. </P> <P>McElhaney moved to adjourn the meeting; Jones seconded and the motion carried.&nbsp; </P> <P>&nbsp;</P> <P><BR>____________________________&nbsp;&nbsp; ____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Vice Chair</P> <P>ATTEST:</P> <P>_____________________________&nbsp;&nbsp; ____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member<BR>&nbsp;&nbsp;&nbsp; </P>

<P><BR>Johnson called the meeting to order at 8:35 a.m. on Monday, October 1, 2007 with all members present. </P> <P><STRONG>PROCLAMATION 10-01-07</STRONG><BR>Sharon Spratt, Executive Director of Cottonwood, Inc., read a proclamation proclaiming the month of October 2007, as “Disability Employment Awareness Month.” Johnson made a motion to approve the Proclamation; Jones seconded the motion and it carried unanimously.</P> <P><STRONG>CONSENT AGENDA 10-01-07</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <P>&#9658; Approve Commission Orders Nos. 07-160 and 07-420 (on file in the office of the County Clerk); <BR>&#9658; Douglas County Contract for Highway Purposes -Acquisition of Easement for Drainage Structure Replacement Project No. 04001468 for Road No. 148/309 (N 400 Road): Gary L. Dick and Rebecca L. Dick, 419 E1500 Road, Baldwin City, Kansas; Gary L. Underwood and Chris C. Underwood, 1452 N400 Road, Baldwin City, Kansas; and Charles R. Jackman and Betty E. Jackman, 1483 N400 Road, Baldwin City, KS; and<BR>&#9658; Note receipt of Fee Reports for August 2007.</P> <P>The motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PUBLIC WORKS/BUILDING USE 10-01-07</STRONG><BR>Reverend Dr. Gary Teske, Trinity Lutheran Church (TLC), made a presentation to the Board expressing interest in leasing the sanctuary of the Douglas County Public Works building located at 13th and Massachusetts. Reverend Shawn Norris, Lutheran Campus Ministry of Kansas Ministry (LCMKU), and Jeff Needham, Feasibility Task Force, were also present for discussion. The Trinity Lutheran Church would utilize the facility to provide expanded ministry, services and outreach programs to the Lawrence community and the University of Kansas students and faculty. Teske discussed possible terms for a lease for the sanctuary only a minimum of ten years in length, but not longer than twenty. The church would be willing to invest in the cost of improvements in return for a nominal lease cost of ten dollars per year and the church would like first opportunity to purchase the building should the County decide to sell the property. The building would be used primarily most evenings, Wednesday and Sundays in the afternoon and evenings. The Board agreed that they would be in favor of such a contract contingent upon there being no conflict with future County goals. </P> <P>It was the consensus of the Board to grant TLC and LCMKU a six-month period to obtain a professional assessment of the architectural, engineering and environmental conditions of the building before entering further contract discussions. </P> <P><STRONG>ACCOUNTS PAYABLE 10-01-07<BR></STRONG>Jones moved to approve accounts payable in the amount of $530,234.50 to be paid on 10/01/07; payroll in the amounts of $724,554.50 paid on 08/30/07, $734,802.10 paid on 09/12/07 and $734,029.72 paid on 09/27/07; FICA in the amounts of $55,567.27 paid on 08/31/0, $54,152.98 paid on 09/14/07, and $54,126.06 paid on 09/28/07; KPERS in the amounts of $59,757.63 paid on 08/31/07, $60,333.23 paid on 09/14/07, and $60,797.29 paid on 09/28/07; The motion was seconded by McElhaney and carried unanimously. </P> <P><STRONG>MISCELLANEOUS 10-01-07</STRONG><BR>The Board discussed the need for a joint briefing session with the City Commission and Planning Commission on T2030 (Transportation 2030) before finalization. </P> <P>Johnson moved to adjourn the meeting; Jones seconded and the motion carried. </P> <P></P> <P><BR>____________________________ ____________________________<BR>Bob Johnson, Chairman Jere McElhaney, Vice Chair</P> <P>ATTEST:</P> <P>_____________________________ ____________________________<BR>Jamie Shew, County Clerk Charles Jones, Member</P>

<P><BR>Johnson called the meeting to order at 8:30 a.m. on Monday, October 8, 2007 with all members present.&nbsp; </P> <P>Jones moved to approve the minutes of September 19, 2007 (as amended). The motion was seconded by McElhaney and carried unanimously.</P> <P>&nbsp;<STRONG>CONSENT AGENDA 10-08-07<BR></STRONG>Johnson moved approval of the following Consent Agenda:</P> <P>&#9658;&nbsp;Commission Orders Nos. 07-162 and 07-163 (on file in the office of the County Clerk);&nbsp; <BR>&nbsp;&#9658;&nbsp;Acquisition of Construction Easement for structure for Project No. 46C-3974-01, Bridge No. 5.83N-24.00E; and&nbsp; &nbsp;<BR>&nbsp;&#9658;&nbsp;Cereal Malt Beverage License Notice to Townships for Walter Ewert.</P> <P>The motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PLANNING &amp; REVISED SOUTHERN DEVELOPMENT PLAN 10-08-07<BR></STRONG>The Board considered the approval of the Revised Southern Development Plan and revisions to CPA-2007-03, an amendment to Chapter 14 of the Comprehensive Plan. Michelle Leininger, Lawrence-Douglas County Metropolitan Planning Department, was present for discussion. The purpose of the Revised Southern Development Plan is to update the boundaries of the study area and update the plan regarding land use, existing facilities, and transportation to show current information. The planning area has been expanded to include property north of West 31st Street between Ousdahl and Louisiana&nbsp; and to the west and east of the original study area. Staff recommends approval of the plan and the comprehensive plan amendment to Horizon 2020, Chapter 14, Specific Plans. The Planning Commission approved the plan and the CPA 8-1, with Commissioner Harris in opposition, and student Commissioner Robb voting affirmative. Planning Commission recommended approval with the following two changes to the plan: the addition of a reference to T2030 and subsequent transportation plans and changing the maps on pages 21 and 22 related to the Snodgrass property to medium-density residential, also making a corresponding change on page 18 in the descriptions, and forwarding to the city and county for approval. The City Commission approved with a 5-0 vote, a similar plan outlining several small acreage properties as low-density residential, including the Snodgrass property and the addition of a reference to T2030.</P> <P>Johnson opened the item for public comment. </P> <P>Bill Flemming, representative for Savannah Holdings property owners, stated the 20 acre Snodgrass property is shown in the revised plan as low-density residential use. The property is surrounded by duplexes and triplexes to the north. The owners would prefer the property to be medium-density, which would allow for medium or low-density development.<BR>Jones moved to close the public comment; McElhaney seconded and it carried unanimously. </P> <P>McElhaney proposed the Board approve the Planning Commission recommendation to keep property contingent with medium-density to the north. </P> <P>Jones proposed the Board approve the recommendation made by the City Commission because the density issue is more of a city issue than a county issue. He stated he did not want to go against the City’s 5-0 vote.</P> <P>Johnson stated he was in favor of the Planning Commission recommendation for medium-density and felt the Board should take into consideration the wishes of the property owners.</P> <P>After further discussion, McElhaney moved approval to affirm the Planning Commission recommendation and with the following changes made by the Planning Commission: the addition of a reference to T2030 and subsequent transportation plans and changing the maps on pages 21 and 22 related to the Snodgrass property to medium-density residential, also making a corresponding change on page 18 in the descriptions. Motion was seconded by Johnson and carried 2-1 with Jones in opposition. </P> <P><STRONG>PLANNING 10-08-07<BR></STRONG>The item CPA-2007-3 an amendment to Horizon 2020, Chapter 14 Specific Plans listed on the agenda was not addressed at the meeting because the previous item regarding the City Commission’s Revised Southern Development Plan did not pass.</P> <P><STRONG>MISCELLANEOUS 10-08-07</STRONG><BR>The Board commended Adrienne Wurtz and Shelly Buchanan, Treasurer’s office, for their outstanding work in heading up the United Way campaign for the second year in a row.</P> <P><STRONG>PLANNING &amp; HORIZON 2020 10-08-07 <BR></STRONG>The Board considered the adoption of a joint City Ordinance and County Resolution relating to CPA-2004-02, amending Chapter Seven – Industrial and Employment Related Land Use in Horizon 2020. Amy Miller, Lawrence-Douglas County Metropolitan Planning Department, was present for discussion. Miller stated this document is the last technical step in enforcing the Comprehensive Plan amendment. The Planning Commission approved the original Comprehensive Plan unanimously on November 16, 2005 and the City Commission approved the chapter revisions unanimously on December 6, 2005. The County Commission considered the item on December 7, 2005 and deferred until the Economic Development Board could review and comment on the proposed changes. No comments were received. The County Commission approved the document unanimously at a public hearing on January 8, 2007. The joint City Ordinance and County Resolution was considered on April 16, 2007, but the Commission indicated they had received some questions from the public and it was deferred to give Staff time to respond. No questions were received. On July 17, 2007, the City Commission deferred consideration for Staff to make revisions. The City Commission passed the item at the ordinance level with a 3-2 vote. </P> <P>Johnson stated he is aware he voted for the item in January 2007. However, the dynamics are very different now then in 2005. There is a new Planning Director and different Planning Commission members then in 2005. Johnson stated that the Board has spent a lot of time discussing traffic conditions and the need for potential industrial development at major intersections and major roads, for example I70 and 10 Highway. He feels the item needs to go back to the Planning Commission for revisions to reflect industrial development opportunities at these interchanges</P> <P>Miller stated the interchange lies outside the UGA and that is why it is not included on the map. Johnson stated it is outside for now, but the UGA is not going to stay where it is. He stated he could not support the resolution.</P> <P>Scott McCullough, Lawrence/Douglas County Metropolitan Planning Director, stated Staff needs to use the language as a guide for future development and he would like to push it forward. He suggested adopting the language today and then work on an amendment. </P> <P>Jones stated it is not a good idea to add the 154 acres at the SLT and I70. The growth period we set is for 25 years. It d&#160;s not make sense for the County to have to run a lagoon system if an industrial area is developed. He feels water and sewer should be available before industrial growth is possible. Also from a planning standpoint, the City would be competing against itself with the airport industrial development moving forward. </P> <P>McElhaney stated he d&#160;s not want to limit potential benefits to the community especially along major corridors. He feels the City should compete against itself. We have had stagnant growth for some time and we should open up these opportunities for citizen relief in taxes.&nbsp;&nbsp;&nbsp; </P> <P>Johnson stated once a dot is placed on a map, it is almost impossible to be changed. We are talking about a conceptual. If it is not conceptually identified on the map as an ideal, local place for an industrial site, it will not happen. If we place it on the map, there is an opportunity for the development to occur. There are several notable sites not listed on the map: one located on Highway 59, and a space east of Baldwin on Highway 56 towards Gardner that should be considered due to the intermodal facility that is going to occur.</P> <P>Jones stated he would agree to add the locations to the map as long as the development would require ample infrastructure. </P> <P>McElhaney stated he d&#160;s not want to limit us on personal property rights and private ownership if they have the means to be a benefit to our community. He would prefer to rely on the private sector to provide industrial growth rather than a governing body. McElhaney referenced another site to consider adding to the map as N1100 Road at Highway 59. </P> <P>McCullough stated he did not have the City Commission minutes, but the split vote came about because several Commissioners felt there should be industrial site criteria that should be met, not just a placement on the map. The Planning Department is opposed to adding sites on the map without having public comment.</P> <P>Johnson opened the item for public comment.</P> <P>Duane Schwada, developer, stated there are sites listed on the map that are outside the UGA and not served by municipal utilities. The City Commission minutes are not available at this meeting. However, he believes some of the City Commission members wanted flexibility with the plan. Schwada agreed that sending the map back to the Planning Commission for revisions will go through the public process quicker and more efficiently.</P> <P>Johnson stated the process is essentially the same whether we redevelop the plan or approve and then amend it. He feels the item should go back to have the benefit of the new planning director and the new City Commissioners. It is a better process. It delivers a clearer message to the community that we are serious about this issue.&nbsp; </P> <P>Jones stated he d&#160;s not agree. The process is the same. Sending the map back to&nbsp; Planning Staff would be a disservice by holding up the process. It would be counterproductive. He feels we need an industrial park near the airport. We need to meet staff concerns and show we are serious about industrial growth.</P> <P>McElhaney stated this map would either go through the amendment process, or back through the planning process. Either way, Staff will have a significant amount of time involved in the process. The amendment will drag it out longer. Keeping good faith with ECO2 partners shows we will look in good faith at any type of development we can to provide for our community, either inside or outside our urban growth boundaries. </P> <P>After further discussion, McElhaney moved to send the Joint Ordinance to the City of Lawrence, Kansas, and Resolution of the Board of County Commissioners of Douglas County, Kansas amending the Comprehensive Land Use Plan “Horizon 2020: pursuant to K.S.A. 12-747, by adopting “Chapter Seven – Industrial and Employment related land use contained in Horizon 2020, CPA-2004-02 Edition” prepared by the Lawrence-Douglas County Metropolitan Planning Office and incorporating by reference said amendments; and repealing the existing Chapter Seven in Horizon 2020, back to the Planning Commission for revisions. They are to look at the County and economic benefits as a whole and revise the text to emphasize the value of the intersections at K10 and I-70 to allow for industrial growth, and to conceptually allow for development at these two intersections. The document d&#160;s not suggest lack of support for the airport location for industrial growth. Motion was seconded by Johnson and carried 2-1 with Jones in opposition.</P> <P><STRONG>GRANT TOWNSHIP &amp; AREA PLAN 10-08-07</STRONG><BR>Chet Fitch, Grant Township Trustee, asked the Board to consider initiating an area plan for Grant Township due to increased public interest in the proposed Industrial Airport Development Park. </P> <P>Johnson asked what would happen if the Board approves an area plan versus denying the request. Scott McCullough, Lawrence/Douglas County Metropolitan Planning Director, stated the initiation of an area plan could possibly cause a delay on the Industrial Airport Development Park, if the Planning Commission or City Commission chose to wait on the industrial development until the planning process is completed. </P> <P>Fitch commented that it is not the township’s intention to block the industrial development. He asked if there is a possibility of moving the UGA. Johnson replied he would not be supportive of changing the UGA at this time. The reason the Board extended the UGA to the north boundary was to control the development and its effect on flooding in North Lawrence. </P> <P>Jones stated he would support a resolution that specifically stated the development of the industrial park and the area plan could run parallel. </P> <P>Johnson stated he supports the idea of the concept, but d&#160;s not want to run the risk of delaying the industrial development. He suggested Linda Finger, Planning Resource Coordinator, set up an informational/educational meeting with Scott McCullough and Chet Finch to discuss the positive and negative impact of having an area plan, but the meeting is not the initial steps of beginning an area plan. </P> <P><STRONG>DOUGLAS COUNTY SENIOR SERVICES 10-08-07</STRONG><BR>John Glassman, Director of Senior Services, made a presentation to the Board on his goals for 2007-2009 to increase services, which will be affected by the number of baby boomers reaching retirement age. Glassman stated the current building is not set up for senior needs and a new location needs to be considered in the next few years. </P> <P><STRONG>TREASURER 10-08-07</STRONG> <BR>Paula Gilchrist, Douglas County Treasurer, presented the Board with the results of a Management Assessment Report made by LaVerne Epp, Organizational and Business Management Consultant. The results of an internal and external survey showed an overall 96% customer satisfaction rate with the services provided by the Treasure’s office. Gilchrist has established customer service as the core objective of the Douglas County Treasurer’s office and she presented ideas to continue to enhance services and communication with the public. </P> <P><STRONG>ACCOUNTS PAYABLE 10-08-07</STRONG><BR>Jones moved to approve accounts payable in the amount of $361,681.47 to be paid on 10/08/07.The motion was seconded by McElhaney and carried unanimously. </P> <P><STRONG>MISCELLANEOUS 10-08-07</STRONG><BR>Johnson commented that he received a revised Southeast Area Map that is different from the previously received conceptual map. He expressed concern as to whether the changes were well thought out. Johnson stated there are public meetings scheduled to discuss the plan and he would like to know the rational behind the changes before the meetings. Craig Weinaug, County Administrator, stated he would meet with Johnson to explain Staff’s reasoning behind the revisions.</P> <P>Johnson moved to adjourn the meeting; Jones seconded and the motion carried.&nbsp; </P> <P>&nbsp;</P> <P><BR>____________________________&nbsp;&nbsp;&nbsp; ____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Jere McElhaney, Vice Chair</P> <P>ATTEST:</P> <P>_____________________________&nbsp;&nbsp; ____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member<BR>&nbsp;&nbsp;&nbsp; </P>

<P><BR>Johnson called the meeting to order at 6:35 p.m. on Wednesday, October 3, 2007 with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG>PROCLAMATION 10-03-07</STRONG><BR>Margaret Fuston, President of the Family Communication Counsel, read a proclamation for “Kansas Family and Community Education Week,” October 7 – 13, 2007. Johnson moved to approve the Proclamation; Jones seconded and the motion carried unanimously.<BR>&nbsp;&nbsp; <BR><STRONG>CONSENT AGENDA 10-03-07</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <P>&#9658;Resolution No. 6738 of the City of Lawrence, Kansas requesting the Board of County Commissioners of Douglas County make certain findings regarding the annexation of property pursuant to K.S.A. 12-520c d&#160;s not hinder or prevent the proper growth and development of the area or that of any other incorporated city located within Douglas County.<BR>&nbsp;&nbsp;&nbsp; <BR>Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>HOMELESS HOUSING 10-03-07</STRONG><BR>Shirley Martin-Smith, Chair of the Community Commission on Homelessness, made a presentation to the Board from the Task Force on Homelessness in the Douglas County community. Martin-Smith stated homelessness is a countywide issue and we need to address the entire population. The housing vision of the Task Force to adequately house individuals and families experiencing homelessness consists of five components: emergency shelter; multiple site temporary housing; transitional housing; permanent supportive housing and permanent housing. These options allow for progress and growth toward increased stability and independence. The Task Force plans to meet with social service agencies and faith-based entities to collaborate on how to issue services by establishing a “clearing house” to manage information on housing availability. Martin-Smith stated the Commission on Homelessness may need to seek assistance from the County and therefore may make a request for during next year’s budget hearings for 2009.</P> <P><STRONG>ZONING 10-03-07</STRONG><BR>The Board considered approval of Resolution No. 07-39 relating to amending the zoning classification change from A (agricultural) to&nbsp; A-1 (Suburban Home Residential District) for Red Tail Ridge. Keith Dabney, Director of Zoning and Codes Department, was present for discussion. Dabney stated he received a building permit application for Red Tail Ridge and found that the property was still zoned agriculture due an oversight at the Planning office. The rezoning was approved on September 15, 2004, but the resolution was not completed nor was it published. </P> <P>Jones moved to approve Resolution No. 07-39, a resolution relating to and amending a regulated planning and zoning classification within the unincorporated territory of Douglas County, Kansas for Red Tail Ridge. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 10-03-07</STRONG>&nbsp; <BR>Jones suggested the Board of County Commissioners attend the work-study session with the City regarding the revision of the tax abatement model due to state tax changes, and to invite the school board to attend.</P> <P><STRONG>MISCELLANEOUS 10-03-07</STRONG>&nbsp;&nbsp; <BR>Jones stated he would like to add to a Wednesday agenda the discussion on vicious dog with Midge Winstead giving an update on the effectiveness of the new law.</P> <P>Johnson moved to adjourn the meeting; Jones seconded and the motion carried.&nbsp; </P> <P>&nbsp;</P> <P>____________________________&nbsp;&nbsp; &nbsp;____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Jere McElhaney, Vice Chair</P> <P>ATTEST:</P> <P>_____________________________&nbsp;&nbsp; ____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Membe</P>

<P>Meeting held Wednesday, October 10, 2007 at 5:00 p.m. to provide briefing for County Commissioners on Transportation 2030 process. All three Commissioners were in attendance. Meeting was not called to order and no county business was conducted.</P> <P>&nbsp;</P> <P>____________________________&nbsp;&nbsp;&nbsp;&nbsp; ____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Vice Chair</P> <P>ATTEST:</P> <P>_____________________________&nbsp;&nbsp; ____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member<BR>&nbsp;&nbsp;&nbsp; </P> <P>Johnson called the meeting to order at 6:35 p.m. on Wednesday, October 10, 2007 with all members present. </P> <P><STRONG>PROCLAMATION 10-10-07</STRONG><BR>Will Pendleton, Douglas County 4-H representative, read a Proclamation proclaiming the week of October 7-13, 2007, as “National 4-H Week.” McElhaney made a motion to approve the Proclamation; Jones seconded and the motion carried unanimously. </P> <P><STRONG>PROCLAMATION 10-10-07</STRONG><BR>Joseph Rexwinkle, Lawrence-Douglas County Metropolitan Planning Department, read a Proclamation proclaiming the month of October as “Community Planning Month.” Jones made a motion to approve the Proclamation; McElhaney seconded and the motion carried unanimously. </P> <P><STRONG>CONSENT AGENDA 10-10-07<BR></STRONG>McElhaney moved approval of the following Consent Agenda:</P> <P>&#9658;&nbsp;Drainage Structure Replacement for Bridge No. 4.00N-10.37 E Acquisition of Easement for WJCJM, L.L.C., Donald C Schwartz and Jane C. Schwartz; and Joanne M. Hastings and Donald L. Hastings; for Douglas County, Kansas Contract for Highway Purposes; <BR>&#9658;&nbsp;Resolution No. 07-40 establishing a 30 MPH speed limit for a portion of&nbsp;E 600 Road near Clinton Lake; <BR>&#9658;&nbsp;Resolution No. 07-41 establishing a 40 MPH speed limit for a portion 438&nbsp; (E 1200 Road, Kasold extended); <BR>&#9658;&nbsp;Resolution No. 07-42 establishing a 30 MPH and Resolution No. 07-43 establishing a 25 MPH speed limit for portions of E 1452 Road north of Route 460; <BR>&#9658;&nbsp;Resolution No. 07-44 establishing a 40 MPH speed limit for a portion&nbsp;of N 1850 Road in Lecompton Township; and<BR>&#9658;&nbsp;Resolution No. 07-45 establishing a 30 MPH speed limit for a portion&nbsp;of N 600 Road in Palmyra Township.</P> <P>Motion was seconded by Jones and carried unanimously.<BR>&nbsp;<BR><STRONG>SOUTH LAWRENCE TRAFFICWAY 10-10-07</STRONG><BR>The Board discussed a letter directed to the County Administrator from the U.S. Department of Transportation dated August 27, 2007. The Federal Highway Administration (FHWA) with the cooperation from the Kansas Department of Transportation in the process of completing Section 4(f) Evaluation for the South Lawrence Trafficway project, asked for a response to questions regarding issues of development south of 31st Street. The Board discussed the administrator’s response. Linda Finger, Planning Resource Coordinator, was present for discussion.</P> <P>Jones asked if the growth planned for the next 20 years between Highway 59 and&nbsp;&nbsp; E 1600 Road is mostly residential. Finger stated the development would be residential with six houses per acre.</P> <P>Johnson stated the letter did not come to the Douglas County Board of Commissioners, but was directed to staff asking specific questions related to south area development requiring professional, planners to answer. </P> <P>Johnson opened the item for public comment.</P> <P>Laura Ruth, Lawrence resident, asked the Commission whom the County consulted prior to the draft of the letter. Craig Weinaug, County Administrator, stated the Federal Highway Administration and Kansas Department of Transportation (KDOT) officials. No Commissioners were present. The response was generated by staff with virtually no input from Commissioners. Ruth asked what role the Planning Commission and City officials played in the response. Weinaug answered, none, specifically because it was asked to be a staff response. <BR>&nbsp;<BR>Dan Wildcat, Lawrence resident, stated the alignment through the wetland is comparable to a desecration of the history of Haskell University. The land represents more than real estate, it is sacred ground.&nbsp; </P> <P>Les Hannon, Lawrence resident, stated the 32nd Street route is close enough to take a significant traffic load off 23rd Street. He feels both 42nd and 47th streets are too far south to have any impact on 23rd Street.</P> <P>Johnson stated for the public that this meeting is to address the letter to staff requiring specific answers regarding existing development regulations. This meeting has no bearing on the preferred alignment of the SLT, nor will the letter reflect any comments from citizens.</P> <P>Erin Paden, Lawrence Resident, stated the land has an emotional impact for generations and she is in favor of preserving the wetlands. </P> <P>Lisa Harris, Lawrence resident, stated the intermodal facility planned for Ottawa was not mentioned in the response letter and will affect development and traffic patterns.&nbsp; </P> <P>Mike Ford, Baldwin City, stated he prefers 42nd Street as a route to preserve the wetlands. </P> <P>Stan Ross, Lawrence Resident and Spokesperson for Haskell University, commented that he is opposed to a 31st or 32nd Street alignment.</P> <P>Dayna Carleton, Lawrence Resident, stated she sees the wetlands as a spiritual place and feels placing the SLT through the wetlands is disrespectful.&nbsp; </P> <P>Boog Highberger, Lawrence City Commissioner, encouraged the Board to consider&nbsp;the option of a southern route by creating a boulevard at grade, using the existing right-of-way interchanges. He stated the environment impacts and costs should be less.&nbsp;&nbsp;&nbsp; </P> <P>Gwen Klingenberg, Lawrence resident, stated the biggest growth will be south of the Wakarusa River and the SLT should be moved south to tie into 59 Highway. </P> <P>Carey Maynard-Moody, stated this is not a transportation project, but a highway project. She agrees with City Commissioner Highberger’s suggestion of making 1100 or 1000 Road into a boulevard.&nbsp;&nbsp; </P> <P>Michael Caron, Executive Director of Save the Haskell Wetlands, stated the letter should be addressed by the Metropolitan Planning Department, because the Planning Staff has a wide variety of training to address the big picture. He is opposed to the development of the SLT through the wetlands. </P> <P>Savannah J&#160;, Lawrence resident, is opposed to the development of the SLT through the wetlands. She invited the Board to attend a WPO meeting at Haskell to learn more about the wetlands. <BR>&nbsp;<BR>Dave Stano, Lawrence resident, stated it is the businessmen, CEOs and Wal-Mart who will benefit from the SLT. He can not support its development. He said he is paid hourly and sitting in traffic d&#160;s not bother him. He feels the “no build” option is best.</P> <P>Dennis Domer, Douglas County resident, stated he feels the letter is too subtle, and wherever the SLT g&#160;s, there will be new development. </P> <P>Jones moved to close public comment; Johnson seconded and the motion carried unanimously.&nbsp; </P> <P>Johnson apologized for not making statements or comments, but this meeting is not the proper venue for comments. The meeting is meant to address the letter and its review before signing. The public has a right to make comment. However, the question at this meeting is not whether the Commission favors the SLT, but whether the Commission approves the letter.</P> <P>Jones stated Bob and Jere are in favor of the SLT, he is not. He stated the County Administrator is doing what the majority has directed him to do, which is his job. Jones thanked Craig and his follow Commissioners for circulating the letter so the public would have a chance for comment. He stated the letter is poorly written. A simple question should be answered in a simple way. The wastewater treatment plant plan indicates there will be 20,000 new people south of the Wakarusa River. He feels that simple answer should have been given to that question. Jones stated the other thing that troubles him is the myth that the SLT was intended to improve traffic on 23rd and Iowa. That was the original purpose. Later it was found that purpose could not be met and it was changed to say the SLT would move traffic around town. With or without the SLT, in 20 years, 23rd Street will be a crisis we have to fix. KDOT modeled the impact on roads and it was determined in 12 out of 18 road surface segments, 42nd street was better. In response to the question, “What’s going to happen south of the Wakarusa River1/2” Jones agrees there will be growth. He feels we should put the highway south of the river. Jones last point includes Iowa Street. On three of the four segments, “no build” was better than building out 32nd Street. He feels that the 32nd Street option would make traffic worse on Iowa Street. Jones stated this information should be included in the letter. He will consider writing a (dissenting) letter in reply. He feels the County should provide simple numbers and let the FHWA come to their own conclusions. </P> <P>McElhaney stated the letter answers five simple questions. He feels the response letter was well crafted. The answers or responses are an accumulation of many years of input, and many years of transportation plans put together by the City of Lawrence, Douglas County and the Highway Department. During the 5:00 p.m. Transportation 2030 briefing, it was stated the SLT would relieve traffic on Iowa and 23rd Streets.</P> <P>It was the consensus of the Board that the letter met Commission approval and could be signed by the County Administrator and mailed. </P> <P><STRONG>ACCOUNTS PAYABLE 10-10-07</STRONG><BR>CJ moved to approve an accounts payable wire transfer in the amount of $306,252.40 to be paid on 10/10/07. Motion was seconded by McElhaney and carried unanimously.&nbsp; </P> <P>&nbsp;<STRONG>MISCELLANEOUS 10-10-07</STRONG><BR>Jones moved to authorize the other Commissioners to sign on behalf of the Chairman through October 22, 2007 during his absence. Motion was seconded by McElhaney and carried unanimously.&nbsp; </P> <P>Johnson moved to adjourn the meeting; Jones seconded and the motion carried.&nbsp; </P> <P>&nbsp;</P> <P>____________________________&nbsp;&nbsp;&nbsp; &nbsp;____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Vice Chair</P> <P>ATTEST:</P> <P>_____________________________&nbsp;&nbsp; ____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member<BR>&nbsp;&nbsp;&nbsp; <BR></P>

<P><BR>Johnson called the meeting to order at 8:34 a.m. on Monday, October 29, 2007 with all members present. </P> <P>Jones moved to approve the minutes of September 24, 2007 (as amended), October 1 and October 8, 2007. The motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>CONSENT AGENDA 10-29-07</STRONG><BR>Johnson moved approval of the following Consent Agenda:</P> <P>&#9658; Ordinance No. 8193/Resolution No. 07-46 Joint Ordinance No. 8193 of the City of Lawrence, Kansas and Resolution No. 07-46 of the Board of County Commissioners of Douglas County, Kansas Amending the Subdivision Regulations for Lawrence and the Unincorporated area of Douglas County, Kansas, December 19, 2006 Edition by incorporating by reference the “Subdivision Regulations for Lawrence and the Unincorporated areas of Douglas County, Kansas September 11, 2007 text amendments “Prepared by the Lawrence-Douglas County Metropolitan Planning Office and repealing the existing sections. <BR><BR>The motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PURCHASING 10-29-07</STRONG><BR>The Board considered the purchase of a S330 Bobcat Skid-Steer Loader with A91 Option Package for the Public Works department. Jenny Hesseltine, County Administrator Intern, made a presentation outlining the use of the equipment at Wells Overlook Park. Public Works has explored purchasing equipment versus contracting out the work for clearing the site. Purchasing equipment was determined as the most cost-effective option. The following three bids were received:</P> <P><STRONG> <TABLE class=MsoTableGrid8 style="BORDER-RIGHT: medium none; BORDER-TOP: medium none; BORDER-LEFT: medium none; BORDER-BOTTOM: medium none; BORDER-COLLAPSE: collapse; mso-border-alt: solid navy .75pt; mso-yfti-tbllook: 480; mso-padding-alt: 0in 5.4pt 0in 5.4pt; mso-border-insideh: .75pt solid navy; mso-border-insidev: .75pt solid navy" cellSpacing=0 cellPadding=0 border=1> <TBODY> <TR style="mso-yfti-irow: -1"> <TD style="BORDER-RIGHT: navy 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: navy 1pt solid; PADDING-LEFT: 5.4pt; BACKGROUND: navy; PADDING-BOTTOM: 0in; BORDER-LEFT: navy 1pt solid; WIDTH: 1.6in; PADDING-TOP: 0in; BORDER-BOTTOM: navy 1pt solid; mso-border-alt: solid navy .75pt; mso-shading: white; mso-pattern: solid navy" vAlign=top width=154> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center; tab-stops: 76.5pt; mso-yfti-cnfc: 1" align=center><B><SPAN style="FONT-SIZE: 12pt; COLOR: white; FONT-FAMILY: Arial; FONT-VARIANT: small-caps; mso-bidi-font-family: 'Times New Roman'">Vendor&#160;<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: navy 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: navy 1pt solid; PADDING-LEFT: 5.4pt; BACKGROUND: navy; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 1.6in; PADDING-TOP: 0in; BORDER-BOTTOM: navy 1pt solid; mso-border-alt: solid navy .75pt; mso-shading: white; mso-pattern: solid navy; mso-border-left-alt: solid navy .75pt" vAlign=top width=154> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center; tab-stops: 76.5pt; mso-yfti-cnfc: 1" align=center><B><SPAN style="FONT-SIZE: 12pt; COLOR: white; FONT-FAMILY: Arial; FONT-VARIANT: small-caps; mso-bidi-font-family: 'Times New Roman'">Description<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: navy 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: navy 1pt solid; PADDING-LEFT: 5.4pt; BACKGROUND: navy; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 1.6in; PADDING-TOP: 0in; BORDER-BOTTOM: navy 1pt solid; mso-border-alt: solid navy .75pt; mso-shading: white; mso-pattern: solid navy; mso-border-left-alt: solid navy .75pt" vAlign=top width=154> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center; tab-stops: 76.5pt; mso-yfti-cnfc: 1" align=center><B><SPAN style="FONT-SIZE: 12pt; COLOR: white; FONT-FAMILY: Arial; FONT-VARIANT: small-caps; mso-bidi-font-family: 'Times New Roman'">Warranty<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: navy 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: navy 1pt solid; PADDING-LEFT: 5.4pt; BACKGROUND: navy; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 1.6in; PADDING-TOP: 0in; BORDER-BOTTOM: navy 1pt solid; mso-border-alt: solid navy .75pt; mso-shading: white; mso-pattern: solid navy; mso-border-left-alt: solid navy .75pt" vAlign=top width=154> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center; tab-stops: 76.5pt; mso-yfti-cnfc: 9" align=center><B><SPAN style="FONT-SIZE: 12pt; COLOR: white; FONT-FAMILY: Arial; FONT-VARIANT: small-caps; mso-bidi-font-family: 'Times New Roman'">Cost<o:p></o:p></SPAN></B></P></TD></TR> <TR style="mso-yfti-irow: 0"> <TD style="BORDER-RIGHT: navy 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: navy 1pt solid; WIDTH: 1.6in; PADDING-TOP: 0in; BORDER-BOTTOM: navy 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid navy .75pt; mso-border-top-alt: solid navy .75pt" vAlign=top width=154> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center; tab-stops: 76.5pt" align=center><SPAN style="FONT-SIZE: 9pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">K.C. Bobcat, Inc.<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: navy 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 1.6in; PADDING-TOP: 0in; BORDER-BOTTOM: navy 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid navy .75pt; mso-border-left-alt: solid navy .75pt; mso-border-top-alt: solid navy .75pt" vAlign=top width=154> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center; tab-stops: 76.5pt" align=center><SPAN style="FONT-SIZE: 9pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">S330 Bobcat Skid-Steer Loader<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: navy 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 1.6in; PADDING-TOP: 0in; BORDER-BOTTOM: navy 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid navy .75pt; mso-border-left-alt: solid navy .75pt; mso-border-top-alt: solid navy .75pt" vAlign=top width=154> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center; tab-stops: 76.5pt" align=center><SPAN style="FONT-SIZE: 9pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">1 Year Full Machine Unlimited Hours<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: navy 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 1.6in; PADDING-TOP: 0in; BORDER-BOTTOM: navy 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid navy .75pt; mso-border-left-alt: solid navy .75pt; mso-border-top-alt: solid navy .75pt" vAlign=top width=154> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center; tab-stops: 76.5pt; mso-yfti-cnfc: 8" align=center><SPAN style="FONT-SIZE: 9pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'; mso-bidi-font-weight: bold">$59,807.48<o:p></o:p></SPAN></P></TD></TR> <TR style="mso-yfti-irow: 1"> <TD style="BORDER-RIGHT: navy 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: navy 1pt solid; WIDTH: 1.6in; PADDING-TOP: 0in; BORDER-BOTTOM: navy 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid navy .75pt; mso-border-top-alt: solid navy .75pt" vAlign=top width=154> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center; tab-stops: 76.5pt" align=center><SPAN style="FONT-SIZE: 9pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">Martin Tractor<o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center; tab-stops: 76.5pt" align=center><SPAN style="FONT-SIZE: 9pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">Company – CAT<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: navy 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 1.6in; PADDING-TOP: 0in; BORDER-BOTTOM: navy 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid navy .75pt; mso-border-left-alt: solid navy .75pt; mso-border-top-alt: solid navy .75pt" vAlign=top width=154> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center; tab-stops: 76.5pt" align=center><SPAN style="FONT-SIZE: 9pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">262C Skid Steer Loader<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: navy 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 1.6in; PADDING-TOP: 0in; BORDER-BOTTOM: navy 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid navy .75pt; mso-border-left-alt: solid navy .75pt; mso-border-top-alt: solid navy .75pt" vAlign=top width=154> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center; tab-stops: 76.5pt" align=center><SPAN style="FONT-SIZE: 9pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">1 Year Full Machine<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: navy 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 1.6in; PADDING-TOP: 0in; BORDER-BOTTOM: navy 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid navy .75pt; mso-border-left-alt: solid navy .75pt; mso-border-top-alt: solid navy .75pt" vAlign=top width=154> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center; tab-stops: 76.5pt; mso-yfti-cnfc: 8" align=center><SPAN style="FONT-SIZE: 9pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'; mso-bidi-font-weight: bold">$69,991.00<o:p></o:p></SPAN></P></TD></TR> <TR style="mso-yfti-irow: 2; mso-yfti-lastrow: yes"> <TD style="BORDER-RIGHT: navy 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: navy 1pt solid; WIDTH: 1.6in; PADDING-TOP: 0in; BORDER-BOTTOM: navy 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid navy .75pt; mso-border-top-alt: solid navy .75pt" vAlign=top width=154> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center; tab-stops: 76.5pt; mso-yfti-cnfc: 2" align=center><SPAN style="FONT-SIZE: 9pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'; mso-bidi-font-weight: bold">Victor L. Phillips<o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center; tab-stops: 76.5pt; mso-yfti-cnfc: 2" align=center><SPAN style="FONT-SIZE: 9pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'; mso-bidi-font-weight: bold"><SPAN style="mso-spacerun: yes"></SPAN></SPAN><1/2xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" /><st1:place><SPAN style="FONT-SIZE: 9pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'; mso-bidi-font-weight: bold">Co.</SPAN></st1:place><SPAN style="FONT-SIZE: 9pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'; mso-bidi-font-weight: bold"> – Case<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: navy 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 1.6in; PADDING-TOP: 0in; BORDER-BOTTOM: navy 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid navy .75pt; mso-border-left-alt: solid navy .75pt; mso-border-top-alt: solid navy .75pt" vAlign=top width=154> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center; tab-stops: 76.5pt; mso-yfti-cnfc: 2" align=center><SPAN style="FONT-SIZE: 9pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'; mso-bidi-font-weight: bold">New Case 465 Skid Steer<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: navy 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 1.6in; PADDING-TOP: 0in; BORDER-BOTTOM: navy 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid navy .75pt; mso-border-left-alt: solid navy .75pt; mso-border-top-alt: solid navy .75pt" vAlign=top width=154> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center; tab-stops: 76.5pt; mso-yfti-cnfc: 2" align=center><SPAN style="FONT-SIZE: 9pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'; mso-bidi-font-weight: bold">1 Year Unlimited Hours Limited 2 Year Engine/2000 Hours<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: navy 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 1.6in; PADDING-TOP: 0in; BORDER-BOTTOM: navy 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid navy .75pt; mso-border-left-alt: solid navy .75pt; mso-border-top-alt: solid navy .75pt" vAlign=top width=154> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center; tab-stops: 76.5pt; mso-yfti-cnfc: 10" align=center><SPAN style="FONT-SIZE: 9pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'; mso-bidi-font-weight: bold">$80,999.00<o:p></o:p></SPAN></P></TD></TR></TBODY></TABLE></STRONG></P> <P>Staff found the Bobcat skid steer loader to be best in terms of operation, safety and most cost effective and requested the Board waive the formal bidding process for its purchase. </P> <P>Jones questioned if there would be enough projects to use this equipment in the future. Mike Perkins, Operation Division Manager of Public Works, stated the equipment would be used to work on box culverts and would reduce the amount of workers needed than with other equipment used. Johnson stated it would be more economical to purchase the equipment than to pay someone else to lease and then run the equipment. Perkins commented purchasing the equipment would allow more flexibility to do the work. </P> <P>McElhaney asked if Public Works could remove the attachments to use with other equipment. Perkins stated they can and the price of the recommend equipment includes the attachments.</P> <P>McElhaney moved to waive the request for proposal bidding process and approve the purchase of a forestry-clearing machine, S330 Bobcat Skid Steer Loader with A91 Option Package, in the amount of $59,807.48. Motion was seconded by Jones and carried unanimously. </P> <P><STRONG>ACCOUNTS PAYABLE 10-29-07</STRONG><BR>Jones moved to approve payroll in the amounts of $735,108.60 paid on 10/05/07, $167.04 paid on 10/16/07 and $720,094.16 paid on 10/19/07; KYPERS in the amounts of $59,601.79 paid on 10/12/07, $59,333.05 paid on 10/26/07; FICA in the amounts of $54,163.55 paid on 10/12/07, $12.78 paid on 10/16/07 and $53,024.98 paid on 10/26/07; and accounts payable in the amount of $172,384.35 to be paid on 10/29/07. The motion was seconded by Johnson and carried unanimously. </P> <P><STRONG>APPOINTMENTS 10-29-07</STRONG><BR>Jones moved to approve the appointment of Terri Smith, Director of Emergency Management, to the Northeast Kansas Regional Homeland Security Council beginning January 2008. Smith replaces Mark Bradford, whose position will expire December 31, 2007. Motion was seconded by McElhaney and carried unanimously.</P> <P>Jones moved to adjourn the meeting; McElhaney seconded and the motion carried. </P> <P></P> <P><BR>____________________________&nbsp;&nbsp; ____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Vice Chair</P> <P>ATTEST:</P> <P>_____________________________ ____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member<BR></P>

<P></P> <P>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; </P> <P>October 24, 2007</P> <P><BR>Johnson called the meeting to order at 6:35 p.m. on Wednesday, October 24, 2007 with all members present. </P> <P><STRONG>CONSENT AGENDA 10-24-07</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <P>&#9658;&nbsp;Commission Order No. 07-164 (on file with the office of the Clerk); and<BR>&#9658;&nbsp;Contract for Project No. 2007-12, deck resurfacing for Bridge No. 16.00N-02.11E and Bridge No. 11.00N-13.30E.</P> <P>Motion was seconded by McElhaney and carried unanimously.<BR>&nbsp;<BR><STRONG>BIOSCIENCE&nbsp; &amp; AGREEMENTS 10-24-07<BR></STRONG>The Board considered approval to authorize the County Administrator to sign all applicable documents relative to the collaborative effort involving Douglas County, Lawrence/Douglas County Bio-Science Authority (LDCBA), Douglas County Development Inc. (DCDI) and Kansas Bio-Science Authority (KBA) to promote the potential growth and development of Deciphera in the Lawrence community. Laverne Squier, President Lawrence Chamber of Commerce, and Matt Hoy, Stevens and Brand, were present for discussion. Deciphera Pharmaceutical L.L.C. has entered into an agreement with DCDI to purchase the property located at 3813 Greenway Drive, Lawrence, Kansas, in the East Hills Business Industrial Park. Squier stated the goal of LDCBA, a local Bio-Science organization, is to accomplish many of the same missions as the KBA. They are about the commercialization of opportunities and taking the intellectual properties that come out of Kansas University and other parts of the community to advance to a stage where jobs are created in Lawrence and Douglas County, with investments residing locally. There are seven agreements in total, four affecting the County. The City acted upon the agreement on October 23, 2007 passing with a 4-0 vote. Squier stated that City/County funding will help keep the company, create jobs and aid in their growth through time. The KBA announced Deciphera as the premier bio-science opportunity in the State of Kansas. </P> <P>Johnson asked on the 4-0 vote if someone abstained from voting. Squier answered the Mayor abstained due to a personal interest in project.</P> <P>Jones asked the County Administrator the dollar amount set aside in the County budget for this project. Craig Weinaug, County Administrator, responded 1.25 million over 10 years, which is $125,000 per year. Squier added that the total dollar amount has not changed. What changed is that it was thought that the KBA would buy the building. Decipher is now buying the building. KBA is putting in an equal share to the community and City sources will be about $2 million, or half the amount. The other half is something LDCBA can generate from unallocated funds left from not having to purchase the building and not finishing its interior.</P> <P>Jones asked for the entire maximum exposure for the next 10 years the County will payout for this project, including the performance and tax rebatements. Squier stated $125,000 per year for 10 years. Jones stated by law abatements expire after 10 years. He questioned if it is possible for Deciphera to take this rebate for 10 years and then seek abatement and go on for an additional 10-20 years. Squier stated the hearing body (City) and the tax abatement unit bodies (County and the School District) would have an opinion about that. Clearly he stated he would think that type of proposal would fail.</P> <P>Johnson stated on this project, with this building, these jobs, the 10-year period, with the performance agreement in place, the answer is “no” Deciphera would not be in a position to come forward and ask for a tax abatement. At the end of 10 years, this project is done. But, anytime within the 10-year period or after, if Deciphera would put a new plan on the table with another building or another project, they could go through the process to request a new tax abatement, and it would have to follow the process in place at the time. </P> <P>Jones asked if this approach to providing tax relief is unique to this project or will this be a Standard Operating Procedure (SOP) on how we deal with taxes. Are we setting precedent for a new type of abatement process1/2 Squier replied he d&#160;s not believe we want this to be a SOP. We need to review on a case to case basis. Squier added the net taxes Deciphera will pay are more than if they came in and asked for the minimum amount under the abatement policy.&nbsp; </P> <P>Jones asked what would happen to the agreement if someone purchases Deciphera. Squier stated the agreement is not assignable. A purchasing company could not take over and continue to receive the benefits. If they move operations out of the State of Kansas, Deciphera will owe grant monies in some areas back to the Bio-Science Authority. Jones asked Squier if he was comfortable that there is an enforceable provision to keep the Deciphera world headquarters in Kansas. Squier responded he thinks so. He explained that the KBA is really the front group on the larger investment being the $3,000.000 grant which g&#160;s to Deciphera. One half of the money is ours, one half is KBA. KBA is actually fronting our money, financing it first of all. KBA is the collector and enforcer of those dollars. There is a state statute that talks about what happens if they leave early.&nbsp; We are having to make some reliance on KBA’s ability to enforce.</P> <P>McElhaney questioned who during the 10-year process would be reviewing to see if Deciphera is meeting certain goals and objectives required for the tax rebatement. Squier responded Deciphera will report to several groups including the consortium, LDCBA, on which sits the City, County, Kansas University and the Chamber of Commerce. </P> <P>Jones asked Squier to explain the Right of First Refusal process. Squier stated Deciphera saw themselves as a small company with great growth opportunities and plans to grow into the balance of the building. They want to know at some point if they can have the opportunity to buy the land adjacent to either side of the main building or across the street. Those are the Rights of First Refusal in the contracts. The Right of First Refusal can be triggers by DCDI, if they have another buyer for the properties. Deciphera would have the right to meet or exceed the offer and displace the buyer of the property. However, if Deciphera buys the properties they can not sit them and hold them in perpetuity. </P> <P>Jones clarified that Deciphera would have a right to match the property and that DCDI would be in control of the property. Squier agreed. </P> <P>Johnson stated, “This is different. This is economic development activity. It is consistent with everything we’ve been doing in the City and the County, and DCDI for years, but it’s different because it is bio-science and it is a higher risk. If Deciphera becomes wildly successful, it could be purchased and end up on the east or west coast. But that is the nature of the game. We hope that won’t happen. We’re hoping Deciphera will grow and prosper in our community and remain in our state.” Johnson stated he is comfortable with what they’re doing and why. However, this is a high risk opportunity, with possible high returns and high rewards. Johnson stated he believes for us in the community, it is the future.</P> <P>Jones asked when Deciphera plans to be in the building. Squier replied in 2008. </P> <P>Jones moved to approve entering into contracts with DCDI and Deciphera, and directed the County Administrator to sign on behalf of the Board of Douglas County Commission. Motion was seconded by McElhaney and carried 2-0, with Johnson abstaining from the vote due to a financiall interest in the project.&nbsp; </P> <P><STRONG>ZONING &amp; CODES 10-24-07</STRONG><BR>Jones moved to approve a Temporary Business Permit to allow the sell of dried fruits and nuts from November 1, 2007 until December 15, 2007 for Donna Wade Wingert located at 693 E. 1250 Road, Lawrence, Kansas. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>ZONING &amp; CODES 10-24-07</STRONG><BR>The Board considered approval of a Temporary Business Permit for the 2008 Annual Old German Baptist Church Conference to be held at 1164 N 650 Road and Youth Groups gathering to be held at 615 E. 1542 Road both in Baldwin City, Kansas. The conference is scheduled to take place May 9-May 13, 2008. Keith Dabney, Director of Zoning and Codes, stated the group had notified all the appropriated agencies, Health department, Township, Traffic Engineer and Sheriff’s Department, and received to objections. The conference is expecting approximately 5,000 participants. Discussion included sufficient number of port-a-potties for attendees and preparation made for gray water. Dabney recommended approval of the permit.</P> <P>McElhaney moved to approve the Temporary Business Permit for the 2008 Annual German Baptist Conference. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PUBLIC WORKS 10-24-07</STRONG><BR>The Board received a petition to vacate an access and utility easement in Midnight Farm Subdivision located in the northwest quadrant of the intersection of N600 Road and E2100 Road. Phil Struble, LandPlan Engineering, was present for discussion. The original access and utility easement was based on the construction of eight homes. The new plan configuration calls for four homes. The property owners wish to relocate the platted access/utility easement to a location that better suits the current configuration. In order to relocate, the existing easement must be vacated.</P> <P>Johnson moved to accept the petition to vacate an access and utility easement in Midnight Farm Subdivision and set the public hearing date for Wednesday, November 28, 2007. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PUBLIC WORKS 10-24-07</STRONG><BR>The item request to extend the existing right-of-way for E350 South of N1600 Road was deferred and will be rescheduled at a later date.</P> <P><STRONG>ACCOUNTS PAYABLE 10-24-07</STRONG><BR>Johnson moved to approve accounts payable in the amounts of $539,046.64 paid on 10/15/07; and $605,019.05 paid on 10/22/07. Motion was seconded by Jones and carried unanimously.&nbsp; </P> <P><STRONG>MISCELLANEOUS 10-24-07</STRONG><BR>The Board noted there will be a Baldwin City Comprehensive Plan Meeting to be held at the Baldwin City Library at&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 7:00 p.m.&nbsp; </P> <P>Johnson moved to adjourn the meeting; Jones seconded and the motion carried.&nbsp; </P> <P>&nbsp;</P> <P>____________________________&nbsp;&nbsp;&nbsp; ____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp; Jere McElhaney, Vice Chair</P> <P>ATTEST:</P> <P>_____________________________&nbsp;&nbsp; ____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member<BR></P>

<P>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <BR>&nbsp;<BR>&nbsp;Johnson called the meeting to order at 8:38 a.m. on Monday, November 5, 2007 with all members present.<BR>&nbsp;&nbsp; <BR><STRONG>CONSENT AGENDA 11-05-07</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <P>&#9658;Resolution No. 07-47 granting a Cereal Malt Beverage License to Walter Ewert of Lawrence to sell cereal malt beverage for consumption of the premises located at 1845 E 1450 Road, Lawrence, Kansas; and<BR>&#9658;Acknowledged additional fee receipt from September 2007.<BR>&nbsp;&nbsp;&nbsp; <BR>Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PROPROSALS &amp; ECO2 11-05-07</STRONG><BR>The Board considered an open space request for proposal developed by the ECO2 open space committee. Trudy Rice, Larry McElwain and Bill Rhotan of the ECO2 Commission were present for discussion. The ECO2 Commission will inventory land proposals to be reserved as green space. Potential projects include the outright purchase of property or the purchase of conservation easements to establish a green space program. Proposals that involve matching efforts from individuals or partnering organizations are particularly encouraged. The first consideration will be given to proposals received by January 31, 2008, and will be reviewed by the open space committee of ECO2 to be sent to the City and County Commissions for approval. </P> <P>Jones asked how the EOC2 Commission proposes to advertise this program. Rice stated she plans to communicate with governing bodies, there will be information on their website and she hopes to get media coverage. </P> <P>Jones moved to support the request by ECO2 to issue an open space Request for Proposal. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>ZONING &amp; CODES 11-05-07<BR></STRONG>Bobbie Flory, Executive Director of the Lawrence Home Builders Association, spoke to the Board to request the adoption of the International Family of Codes (I-Codes). Also present for discussion were Lee Queen, Edmondson Construction;&nbsp; Mark Stogsdill, HMA Architects; and Keith Dabney, Director of Zoning and Codes.&nbsp; Flory stated the I-Codes are user friendly, stand-alone residential building codes for one and two family residential dwellings. The builders can take one code book and find everything he needs to build. Presently Baldwin City, Eudora, Johnson County and Lawrence (effective January 2008) use the code. Builders are required to take classes yearly and the code books are supplied with the courses. Queen stated the biggest change a builder would notice with the I-Codes would be the impact of the Energy Code. Under the Energy Code, the I-Codes ask for certain upgrades that promote energy efficient, cost-saving items added to the requirements including insulation in attics, window upgrades, and wind resistant garage doors. Many of the required upgrades are already being done for custom homes. Jones asked if the uniform code and the I-Codes are roughly equivalent. Dabney stated they are. </P> <P>Flory stated the I-Codes are updated every three years. Jones asked if in three years, would the County have to adopt again. Dabney stated that would be up to the jurisdiction. Johnson stated the present I-Code is a 2006 version, and the Board would later have the option to adopt the 2009 update. </P> <P>Jones asked if the City panel group came back with a recommendation. Queen stated the board studied the code for one year and came back with a 12-0 vote to adopt. Flory asked the Board to direct Keith Dabney to review the I-Codes and come back with a recommendation. Dabney stated he is already in the process of reviewing the information.</P> <P>Jones asked if the Board chooses to adopt, how much time do we allow for compliance.&nbsp; Dabney suggested making the I-Codes effective in January 2008. Johnson stated if a building permit has been issued the present code applies. After January, any new building permits would require the new code. </P> <P>Queen stated he felt it is important for the City and County to have the same code. The City may have amendments that meet their needs. This is the code of the future. We are moving to one code internationally. The I-Code is simpler for the enforcement, the design professional and the builder.</P> <P>Johnson asked if the new code would impose standards on an existing structure because of an addition, making the addition difficult to achieve. Dabney stated with the existing code or the new code, the requirements would apply to the addition only.</P> <P>Johnson asked Dabney how many modifications he expects to the I-Codes. Dabney replied no more than 35. Johnson asked how many modifications the City had. Dabney replied much more than 35. </P> <P>After further discussion, the Board directed Keith Dabney, Director of Zoning and Codes, to give the I-Codes to the Building Code Committee to review and to make recommendations to the Board on a Wednesday night for a public hearing.</P> <P><STRONG>ISSUES REPORT 11-05-07</STRONG><BR>Craig Weinaug, County Administrator, discussed updates to the Issues Report with the Board deleting projects that have been completed. </P> <P><STRONG>BUDGET/2008 GOALS &amp; OBJECTIVES 11-05-07</STRONG><BR>The Board discussed the 2008 Budget Commissioners Goals and Objectives list.&nbsp; Jenny Hesseltine, County Administrator Intern, prepared the presentation. No action was taken.</P> <P><STRONG>ACCOUNTS PAYABLE 11-05-07</STRONG><BR>Johnson moved to approve accounts payable in the amount of $269,276.25 to be paid on 11/05/07; manual checks in the amount of $750.00 paid on 10/31/07; and a wire transfer in the amount of $16,972.72 paid on 10/31/07. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>APPOINTMENT 11-05-07</STRONG><BR>Jones moved to approve the reappointment of Janet Grant, Lawrence, Kansas, to the Douglas County Board of Zoning Appeals for a second three-year term to expire on October 31, 2010. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>APPOINTMENT 11-05-07</STRONG><BR>Jones moved to approve the appointment of Jennifer Nelson, Lawrence, Kansas, to the Douglas County Board of Zoning Appeals for a three-year term to expire on October 31, 2010. Nelson replaces the expired term of Jim Bowen. Motion was seconded by Johnson and carried unanimously.</P> <P>Johnson moved to adjourn the meeting; Jones seconded and the motion carried.&nbsp; </P> <P>&nbsp;</P> <P>____________________________&nbsp;&nbsp; ____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Jere McElhaney, Vice Chair</P> <P>ATTEST:</P> <P>_____________________________&nbsp;&nbsp; ____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member<BR>&nbsp;&nbsp;&nbsp; </P>

<P><BR>Johnson called the meeting to order at 9:00 a.m. on Friday, November 9, 2007. <BR>Commissioner McElhaney was absent. The purpose of the Special Meeting was to canvas the results of the Eudora Special Election which was held on November 6, 2007. </P> <P>In the absence of Commissioner McElhaney, the Board appointed Kay Pesnell, Douglas County Register of Deeds, to serve as the third canvasser.</P> <P>Johnson made a motion to accept the write-in votes as recommended by the County Clerk’s office. Motion was seconded by Jones and carried unanimously.</P> <P>Johnson made a motion to accept the tabulation totals as recommended by the County Clerk’s office. Motion was seconded by Jones and carried unanimously.</P> <P>There were 31 provisional ballots. Jamie Shew, County Clerk, broke the provisional votes into the follow categories:</P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: Arial; mso-bidi-font-size: 10.0pt; mso-bidi-font-family: 'Times New Roman'">&#160;<o:p>&nbsp;</o:p></SPAN></P> <P> <TABLE class=MsoNormalTable style="MARGIN: auto 6.75pt; BORDER-COLLAPSE: collapse; mso-table-layout-alt: fixed; mso-table-lspace: 9.0pt; mso-table-rspace: 9.0pt; mso-table-anchor-vertical: paragraph; mso-table-anchor-horizontal: page; mso-table-left: 196.65pt; mso-table-top: 11.15pt; mso-padding-alt: 0in 5.4pt 0in 5.4pt" cellSpacing=0 cellPadding=0 align=left border=0> <TBODY> <TR style="HEIGHT: 10.95pt; mso-yfti-irow: 0"> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 243.9pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 10.95pt; BACKGROUND-COLOR: transparent" vAlign=top width=325> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: page; mso-element-left: 196.7pt; mso-element-top: 11.15pt; mso-height-rule: exactly"><B style="mso-bidi-font-weight: normal"><U><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">Recommended to Count<o:p></o:p></SPAN></U></B></P></TD> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 0.5in; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 10.95pt; BACKGROUND-COLOR: transparent" vAlign=top width=48> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: page; mso-element-left: 196.7pt; mso-element-top: 11.15pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><SPAN style="mso-spacerun: yes">&nbsp;</SPAN><o:p></o:p></SPAN></B></P></TD></TR> <TR style="HEIGHT: 10.45pt; mso-yfti-irow: 1"> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 243.9pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 10.45pt; BACKGROUND-COLOR: transparent" vAlign=top width=325> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: page; mso-element-left: 196.7pt; mso-element-top: 11.15pt; mso-height-rule: exactly"><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">Change of address<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 0.5in; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 10.45pt; BACKGROUND-COLOR: transparent" vAlign=top width=48> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: page; mso-element-left: 196.7pt; mso-element-top: 11.15pt; mso-height-rule: exactly" align=right><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">10<o:p></o:p></SPAN></P></TD></TR> <TR style="HEIGHT: 10.95pt; mso-yfti-irow: 2"> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 243.9pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 10.95pt; BACKGROUND-COLOR: transparent" vAlign=top width=325> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: page; mso-element-left: 196.7pt; mso-element-top: 11.15pt; mso-height-rule: exactly"><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">Advance mailed, but not returned<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 0.5in; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 10.95pt; BACKGROUND-COLOR: transparent" vAlign=top width=48> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: page; mso-element-left: 196.7pt; mso-element-top: 11.15pt; mso-height-rule: exactly" align=right><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">2<o:p></o:p></SPAN></P></TD></TR> <TR style="HEIGHT: 10.45pt; mso-yfti-irow: 3"> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 243.9pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 10.45pt; BACKGROUND-COLOR: transparent" vAlign=top width=325> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: page; mso-element-left: 196.7pt; mso-element-top: 11.15pt; mso-height-rule: exactly"><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">Name change<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 0.5in; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 10.45pt; BACKGROUND-COLOR: transparent" vAlign=top width=48> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: page; mso-element-left: 196.7pt; mso-element-top: 11.15pt; mso-height-rule: exactly" align=right><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">2<o:p></o:p></SPAN></P></TD></TR> <TR style="HEIGHT: 10.45pt; mso-yfti-irow: 4"> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 243.9pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 10.45pt; BACKGROUND-COLOR: transparent" vAlign=top width=325> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: page; mso-element-left: 196.7pt; mso-element-top: 11.15pt; mso-height-rule: exactly"><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">Poll worker or clerk’s error<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 0.5in; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 10.45pt; BACKGROUND-COLOR: transparent" vAlign=top width=48> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: page; mso-element-left: 196.7pt; mso-element-top: 11.15pt; mso-height-rule: exactly" align=right><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">5<o:p></o:p></SPAN></P></TD></TR> <TR style="HEIGHT: 10.95pt; mso-yfti-irow: 5"> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 243.9pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 10.95pt; BACKGROUND-COLOR: transparent" vAlign=top width=325> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: page; mso-element-left: 196.7pt; mso-element-top: 11.15pt; mso-height-rule: exactly"><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">Wrong precinct – all races the same<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 0.5in; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 10.95pt; BACKGROUND-COLOR: transparent" vAlign=top width=48> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: page; mso-element-left: 196.7pt; mso-element-top: 11.15pt; mso-height-rule: exactly" align=right><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">3<o:p></o:p></SPAN></P></TD></TR> <TR style="HEIGHT: 10.45pt; mso-yfti-irow: 6"> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 243.9pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 10.45pt; BACKGROUND-COLOR: transparent" vAlign=top width=325> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: page; mso-element-left: 196.7pt; mso-element-top: 11.15pt; mso-height-rule: exactly"><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">Wrong precinct – partial count<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 0.5in; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 10.45pt; BACKGROUND-COLOR: transparent" vAlign=top width=48> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: page; mso-element-left: 196.7pt; mso-element-top: 11.15pt; mso-height-rule: exactly" align=right><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">0<o:p></o:p></SPAN></P></TD></TR> <TR style="HEIGHT: 10.95pt; mso-yfti-irow: 7"> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 243.9pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 10.95pt; BACKGROUND-COLOR: transparent" vAlign=top width=325> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: page; mso-element-left: 196.7pt; mso-element-top: 11.15pt; mso-height-rule: exactly"><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">Too late to reach polling location<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 0.5in; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 10.95pt; BACKGROUND-COLOR: transparent" vAlign=top width=48> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: page; mso-element-left: 196.7pt; mso-element-top: 11.15pt; mso-height-rule: exactly" align=right><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">0<o:p></o:p></SPAN></P></TD></TR> <TR style="HEIGHT: 10.45pt; mso-yfti-irow: 8"> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 243.9pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 10.45pt; BACKGROUND-COLOR: transparent" vAlign=top width=325> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: page; mso-element-left: 196.7pt; mso-element-top: 11.15pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">Total<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 0.5in; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 10.45pt; BACKGROUND-COLOR: transparent" vAlign=top width=48> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: page; mso-element-left: 196.7pt; mso-element-top: 11.15pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">22<o:p></o:p></SPAN></B></P></TD></TR> <TR style="HEIGHT: 10.45pt; mso-yfti-irow: 9"> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 243.9pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 10.45pt; BACKGROUND-COLOR: transparent" vAlign=top width=325> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: page; mso-element-left: 196.7pt; mso-element-top: 11.15pt; mso-height-rule: exactly"><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p>&nbsp;</o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 0.5in; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 10.45pt; BACKGROUND-COLOR: transparent" vAlign=top width=48> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: page; mso-element-left: 196.7pt; mso-element-top: 11.15pt; mso-height-rule: exactly" align=right><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p>&nbsp;</o:p></SPAN></P></TD></TR> <TR style="HEIGHT: 10.95pt; mso-yfti-irow: 10"> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 243.9pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 10.95pt; BACKGROUND-COLOR: transparent" vAlign=top width=325> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: page; mso-element-left: 196.7pt; mso-element-top: 11.15pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><U><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p><SPAN style="TEXT-DECORATION: none">&nbsp;</SPAN></o:p></SPAN></U></B></P></TD> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 0.5in; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 10.95pt; BACKGROUND-COLOR: transparent" vAlign=top width=48> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: page; mso-element-left: 196.7pt; mso-element-top: 11.15pt; mso-height-rule: exactly" align=right><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p>&nbsp;</o:p></SPAN></P></TD></TR> <TR style="HEIGHT: 10.95pt; mso-yfti-irow: 11"> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 243.9pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 10.95pt; BACKGROUND-COLOR: transparent" vAlign=top width=325> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: page; mso-element-left: 196.7pt; mso-element-top: 11.15pt; mso-height-rule: exactly"><B style="mso-bidi-font-weight: normal"><U><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">Recommended Not to Count<o:p></o:p></SPAN></U></B></P></TD> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 0.5in; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 10.95pt; BACKGROUND-COLOR: transparent" vAlign=top width=48> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: page; mso-element-left: 196.7pt; mso-element-top: 11.15pt; mso-height-rule: exactly" align=right><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p>&nbsp;</o:p></SPAN></P></TD></TR> <TR style="HEIGHT: 10.95pt; mso-yfti-irow: 12"> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 243.9pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 10.95pt; BACKGROUND-COLOR: transparent" vAlign=top width=325> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: page; mso-element-left: 196.7pt; mso-element-top: 11.15pt; mso-height-rule: exactly"><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">Not registered in </SPAN><1/2xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" /><st1:place><st1:PlaceName><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">Douglas</SPAN></st1:PlaceName><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"> </SPAN><st1:PlaceName><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">County</SPAN></st1:PlaceName></st1:place><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 0.5in; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 10.95pt; BACKGROUND-COLOR: transparent" vAlign=top width=48> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: page; mso-element-left: 196.7pt; mso-element-top: 11.15pt; mso-height-rule: exactly" align=right><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">9<o:p></o:p></SPAN></P></TD></TR> <TR style="HEIGHT: 10.95pt; mso-yfti-irow: 13"> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 243.9pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 10.95pt; BACKGROUND-COLOR: transparent" vAlign=top width=325> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: page; mso-element-left: 196.7pt; mso-element-top: 11.15pt; mso-height-rule: exactly"><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">Voted after close of in-person Advance<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 0.5in; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 10.95pt; BACKGROUND-COLOR: transparent" vAlign=top width=48> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: page; mso-element-left: 196.7pt; mso-element-top: 11.15pt; mso-height-rule: exactly" align=right><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">0<o:p></o:p></SPAN></P></TD></TR> <TR style="HEIGHT: 10.95pt; mso-yfti-irow: 14"> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 243.9pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 10.95pt; BACKGROUND-COLOR: transparent" vAlign=top width=325> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: page; mso-element-left: 196.7pt; mso-element-top: 11.15pt; mso-height-rule: exactly"><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">Did not provide ID<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 0.5in; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 10.95pt; BACKGROUND-COLOR: transparent" vAlign=top width=48> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: page; mso-element-left: 196.7pt; mso-element-top: 11.15pt; mso-height-rule: exactly" align=right><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">0<o:p></o:p></SPAN></P></TD></TR> <TR style="HEIGHT: 10.95pt; mso-yfti-irow: 15"> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 243.9pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 10.95pt; BACKGROUND-COLOR: transparent" vAlign=top width=325> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: page; mso-element-left: 196.7pt; mso-element-top: 11.15pt; mso-height-rule: exactly"><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">Registered in other county<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 0.5in; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 10.95pt; BACKGROUND-COLOR: transparent" vAlign=top width=48> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: page; mso-element-left: 196.7pt; mso-element-top: 11.15pt; mso-height-rule: exactly" align=right><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">0<o:p></o:p></SPAN></P></TD></TR> <TR style="HEIGHT: 10.95pt; mso-yfti-irow: 16"> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 243.9pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 10.95pt; BACKGROUND-COLOR: transparent" vAlign=top width=325> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: page; mso-element-left: 196.7pt; mso-element-top: 11.15pt; mso-height-rule: exactly"><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">No Advance Signature<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 0.5in; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 10.95pt; BACKGROUND-COLOR: transparent" vAlign=top width=48> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: page; mso-element-left: 196.7pt; mso-element-top: 11.15pt; mso-height-rule: exactly" align=right><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">0<o:p></o:p></SPAN></P></TD></TR> <TR style="HEIGHT: 10.95pt; mso-yfti-irow: 17; mso-yfti-lastrow: yes"> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 243.9pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 10.95pt; BACKGROUND-COLOR: transparent" vAlign=top width=325> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: page; mso-element-left: 196.7pt; mso-element-top: 11.15pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">Total<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 0.5in; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 10.95pt; BACKGROUND-COLOR: transparent" vAlign=top width=48> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: page; mso-element-left: 196.7pt; mso-element-top: 11.15pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">9<o:p></o:p></SPAN></B></P></TD></TR></TBODY></TABLE></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-INDENT: 0.5in; TEXT-ALIGN: center" align=center><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: Arial; mso-bidi-font-size: 10.0pt; mso-bidi-font-family: 'Times New Roman'"><o:p>&nbsp;</o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: Arial; mso-bidi-font-size: 10.0pt; mso-bidi-font-family: 'Times New Roman'"><SPAN style="mso-tab-count: 1">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; </SPAN><o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: Arial; mso-bidi-font-size: 10.0pt; mso-bidi-font-family: 'Times New Roman'"><o:p>&nbsp;</o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: Arial; mso-bidi-font-size: 10.0pt; mso-bidi-font-family: 'Times New Roman'"><o:p>&nbsp;</o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: Arial; LETTER-SPACING: -0.05pt; mso-bidi-font-family: 'Times New Roman'"><o:p>&nbsp;</o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: Arial; LETTER-SPACING: -0.05pt; mso-bidi-font-family: 'Times New Roman'"><o:p>&nbsp;</o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: Arial; LETTER-SPACING: -0.05pt; mso-bidi-font-family: 'Times New Roman'"><o:p>&nbsp;</o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: Arial; LETTER-SPACING: -0.05pt; mso-bidi-font-family: 'Times New Roman'"><o:p>&nbsp;</o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: Arial; LETTER-SPACING: -0.05pt; mso-bidi-font-family: 'Times New Roman'"><o:p>&nbsp;</o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: Arial; LETTER-SPACING: -0.05pt; mso-bidi-font-family: 'Times New Roman'"><o:p>&nbsp;</o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: Arial; LETTER-SPACING: -0.05pt; mso-bidi-font-family: 'Times New Roman'"><o:p>&nbsp;</o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: Arial; LETTER-SPACING: -0.05pt; mso-bidi-font-family: 'Times New Roman'"><o:p>&nbsp;</o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: Arial; LETTER-SPACING: -0.05pt; mso-bidi-font-family: 'Times New Roman'"><o:p>&nbsp;</o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: Arial; LETTER-SPACING: -0.05pt; mso-bidi-font-family: 'Times New Roman'"><o:p>&nbsp;</o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: Arial; LETTER-SPACING: -0.05pt; mso-bidi-font-family: 'Times New Roman'"><o:p>&nbsp;</o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: Arial; LETTER-SPACING: -0.05pt; mso-bidi-font-family: 'Times New Roman'"><o:p>&nbsp;</o:p></SPAN></P> <P>&nbsp;</P> <P><BR>Johnson made a motion to count twenty-two (22) provisional ballots as recommended by Shew. Jones seconded the motion and was carried unanimously. </P> <P>It should be noted that after the additional ballots were counted, the election outcome was not changed.</P> <P>No errors were found.</P> <P>Johnson made a motion to adjourn. The motion was seconded by Jones and carried unanimously.</P> <P>&nbsp;</P> <P>_____________________________&nbsp;&nbsp; __________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Charles Jones, member</P> <P>ATTEST:</P> <P><BR>_____________________________&nbsp;&nbsp; _____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Kay Pesnell, Register of Deeds</P>

<P><BR>Johnson called the meeting to order at 8:35 a.m. on Monday, November 12, 2007 with all members present.&nbsp; </P> <P>Jones moved to approve the minutes of October 3, October 10 (5:00 p.m. meeting), October 10, (6:30 p.m. meeting) and October 29, 2007. The motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>CONSENT AGENDA 11-12-07<BR></STRONG>Jones moved approval of the following Consent Agenda:</P> <P>&nbsp;&#9658;&nbsp;Commission Order No. 07-165 (on file with the office of the Clerk); and<BR>&nbsp;&#9658;&nbsp;FY 2007 Line Item Adjusted Budget for Citizens Review Board to move $2,561.00 from the Contractual Professional Line item to the Personnel Line Item.</P> <P>The motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>PURCHASING 11-12-07</STRONG><BR>Jackie Waggoner, Director of Purchasing, requested the Board consider a waiver to the formal bidding process for the purchase of Pointmaker Video Markers. This technology is an evidence viewing devise, with plasma screens and projectors used through a podium.&nbsp; District Court has allocated funds to improve technology in Division I and the Pro Tem courtrooms.&nbsp; It is their intent to phase this technology to each courtroom as funds become available. Judge Fairchild, and Linda K&#160;ster-Vogelsang, District Court, were also present for the discussion. The total cost for the two courtrooms is $57,000.</P> <P>Pam Madl, Assistant County Administrator, stated the time is good to implement this equipment due to the renovation process in the courtrooms. She has told contractors to put in all connectivity involved with the upgrade regardless whether the Board approves the purchase for future improvements.&nbsp; </P> <P>Jones stated his biggest concern is the whole picture. He asked for the total cost of doing to all courtrooms. Waggoner stated she d&#160;s not have that total cost now. Jones stated his concern that if this technology was provided to one or two courtrooms, that eventually all of the judges would also want the same capabilities in their courtrooms. He suggested that we should know the total, eventual cost of equipping all of the courtrooms, before the Commission acts on this request. Jones asked if the County purchased the equipment for all seven courtrooms if there would be a discount. Waggoner stated she was not sure. Sometimes state contracts would give a discount for larger quantity. Fairchild stated the option to provide for all courtrooms was discussed, but was too expensive.</P> <P>Craig Weinaug, County Administrator, stated the Board is not suggesting the County purchase the equipment all at once, but this is a decision that will probably commit us to doing the whole thing and they should have the eventual cost. </P> <P>Jones asked if there are less expensive alternatives. Fairchild replied there are drop down projectors from the ceiling that would run $15,000-$20,000 per courtroom, but the plasma screens are preferred. Jones stated we do not know the cost of opening the other walls for wiring. </P> <P>After further discussion, it was the consensus of the Board to table the item for one week to gather estimates on long-term costs of implementing technology in all seven courtrooms with wiring, and put on the Monday, November 19, 2007 agenda.</P> <P><STRONG>PLANNING 11-12-07</STRONG><BR>The Board considered the approval of CUP-08-08-07, a Conditional Use Permit for&nbsp; an 80-acre, retail nursery at 264 E 2100 Road. The application was submitted by William Voigts, Jr., property owner of record.&nbsp; Sandra Day, Lawrence-Douglas County Metropolitan Planning Department, was present for discussion. Staff recommends approval of the CUP-08-08-07 for retail nursery. The Planning Commission approved the item with a 10-0 vote and forwarded it to the County Commission with a recommendation for approval based on the following findings&nbsp;&nbsp;&nbsp; of fact:</P> <P>Zoning and uses of properties nearby. The current zoning is A (agricultural). The existing uses include agricultural areas and rural residential homes located along county roads.</P> <P>Character of the area.&nbsp; Area is dominated by agricultural activity in the immediate vicinity but include residential homes along existing county roads. The area also includes individual tracts that have not been developed both to the north and south of the subject property. </P> <P>Suitability of subject property for the uses to which it has been restricted. The proposed request will not alter the base zoning district. Retail nurseries are allowed in the A (Agricultural) district subject to approval of a Conditional Use Permit and compliance with minimum standards. The subject property currently operates as an agricultural operation that includes the “sale of produce, flowers, crops, and other products which are produced by the applicant.” Approval of the request will bring the property into compliance with current County Zoning Regulations.</P> <P>Length of time subject property has remained vacant as zoned. The subject property is not vacant but includes multiple buildings on the site as identified and listed on the site plan. The property is part of a larger agricultural area that has been zoned since the adoption of county zoning.</P> <P>Extent to which removal of restrictions will detrimentally affect nearby property. Approval of this request will not remove any existing land use restrictions. The property currently operates a retail type activity as part of the sales of agriculturally produced products. Approval of the request will allow for the sale of ancillary products associated with the main activity of the site. No impact is anticipated to result on nearby property owners as a result of the approval of the Conditional Use Permit. </P> <P>Relative gain to the public health, safety and welfare by the destruction of the value of the petitioner’s property as compare to the hardship imposed upon the individual landowners. There is no discernible value to the public that will result from the approval. The existing retail sales of ancillary products has grown from the original business and resulted in a violation of the current zoning code thus requiring the applicant to seek a Conditional Use Permit or remove that portion of the activity from the site.</P> <P>Conformance with the comprehensive plan.&nbsp; The subject property will continue to be used for agricultural related purposes and activities consistent with basic land use recommendations stated in Horizon 2020.</P> <P>AND subject to the following conditions:</P> <P>1.&nbsp;Provision of a revised site plan to include the following notes:<BR>a.&nbsp;The permit will be administratively reviewed by the County in 5 years (Calendar Year 2012).<BR>b.&nbsp;The permit will expire at the end of 10 years (Calendar Year 2017), unless an application for renewal is approved by the local governing body.<BR>c.&nbsp;Retail area shall not exceed 3,500 square feet of enclosed net retail space.</P> <P>Keith Browning, Director of Public Works, stated there was an issue of an illegal entrance that needs to be reviewed by the township. Day stated there could be a condition added to the CUP pending approval from the township for the widening or improvement of a driveway entrance. </P> <P>It was the consensus of the Board to table the item until the Monday, November 19, 2007 meeting and place on the Consent Agenda provided an agreement is made between the Public Works Department, Palmyra Township and property owner regarding the nursery entrance. </P> <P><STRONG>PLANNING 11-12-07</STRONG><BR>The Board considered changes to CUP-12-09-05; Stony Point Hall, a reception center located at 1514 N. 600 Road. The change constitutes an expansion in occupancy from 236 people to a maximum of 299. Sandra Day, Lawrence-Douglas County Metropolitan Planning Department, was present for the discussion. Staff recommends approval of the revised site plan portion of the Condition Use Permit-CUP-12-09-05; Stony Point Hall subject to the following conditions:</P> <P>1.&nbsp;Provision of a revised site plan that shows:<BR>a.&nbsp;The additional parking spaces noted in the applicant’s letter and<BR>b.&nbsp;Notation on the face of the site plan that states the maximum occupancy of the facility.<BR>No public comment was received.</P> <P>McElhaney moved to accept the revision for change in occupancy to CUP-12-09-05; Stony Point Hall. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>WILLOW SPRINGS TOWNSHIP &amp; FIRE STATION 11-12-07</STRONG><BR>The Board discussed the potential development of a new fire station location in Willow Springs Township located at the corner of N650 Road and E1100 Road. Michael Kelly, County Surveyor; Charlie Wintermantle and Jerry Smith, Willow Springs Trustees; and Linda Finger, Planning Resource Coordinator; were present for the discussion. The township board has been working with County Public Works to secure the vacation of excess road right-of-way north of County Route 460 so the township can purchase or acquire the vacated right-of-way land for the purpose of building a fire station. The vacation process for the return of excess road right-of-way to the original tract of land road easement has commenced. A hearing before the Health Department has been scheduled to consider site area variances for the location of a septic tank and lateral field on less than three acres. </P> <P>Jones stated he understands the concerns regarding frontage and adequate septic. He asked if the Board would choose to approve this, would it set a bad precedent. Finger stated she spoke with the County Counselor regarding this issue and she stated he believes this falls under the exemption for a public utility. It could set precedent for other public utilities, but on a broader sense it would not. Jones asked if this is a safe place to put a building, or would it cause traffic issues. Johnson stated it would be an ideal location with great access to 460.</P> <P>Craig Weinaug, County Administrator, stated that he was comfortable being able to limit this to an existing regulation by treating this as a public utility. It would essentially be treated as a water tower or a lift station.</P> <P>Jones asked for the number of acreage for the entire property. Kelly stated both triangle lots are approximately 1.5 acres each. From the section line to the center of the black top is about three acres on each side. Jones is there is a water source. Kelly stated there is 4-inch water lines from Rural Water District No. 2. </P> <P>Richard Ziesenis, Director of Environmental Health, stated there is a little more than three total acres of property, adequate for the septic tank and lateral fields. A variance would not be required.</P> <P>It was the consensus of the Board that the project is workable and to treat the project as a public infrastructure.</P> <P><STRONG>SUBDIVISION REGULATIONS &amp; ROAD RIGHT-OF-WAY 11-12-07</STRONG><BR>The Board discussed a policy issue regarding Subdivision Regulations and the requirement that additional road right-of-way be dedicated as part of the Certificate of Survey process when roads accessed by proposed development have less then the required road right-of-way for the road classification designed on the Access Management Standards map. Linda Finger, Planning Resource Coordinator, was present for the discussion. The minimum road right-of-way for locally classified roads is 70 feet. The dimensions for local road right-of-way in Douglas County range from 40-60 feet with 66 feet being the common width. The problem results when homes or other structures are built at the front yard setback line causing nonconformance whenever additional right-of-way is dedicated. The nonconforming status can only be appealed to the Board of Zoning Appeals, not to the County Commission. An appeal from a BZA determination can only be made to the District Court. </P> <P>Finger provided a text amendment from the County Counselor that would eliminate the reclassification of an existing structure when the front yard setback (and conforming status) are altered by the dedication of additional road right-of-way.</P> <P>Jones moved to initiate the text amendment for public hearing to the Planning Commission and stated support of the principal. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PUBLC WORKS 11-12-07</STRONG><BR>John Solbach, property owner, asked the Board to consider the extension of E 350 Road right-of-way in Kanwaka Township, south of N 1700 Road, to create another buildable lot for the 25-acre parcel immediately southwest of the terminus of the existing road.&nbsp; Existing E 350 Road right-of-way extends from N 1700 road to one-fourth mile south of N 1700 Road. </P> <P>Jones stated extending cul-de-sacs is generally not a good idea. The County has to spend time plowing and maintaining them. Regarding the taxes, one more house is not going to generate enough taxes in revenue to support a new road. This is an economics issue. To build this road to essentially increase the value of one property is not good economics. He stated he understands the owner’s desires, but they are just not economically feasible. </P> <P>Jones stated if the County accepts the right-of-way, increasing the property value, the property may get sold to a party who d&#160;s not understand they will be responsible for building the road. McElhaney stated he wants to physically review the property before a decision is made. Johnson asked Browning to review how the roads could be connected and give an estimate of the cost associated with building the road. </P> <P>Johnson stated he likes the scenario where people are not told they can’t do something, but they are told very clearly they have criteria to meet and they have to pay for it. According to Johnson, that puts the economics on the table. It’s their choice to build it. Johnson stated the County should consider vacating all existing right-of-way we do not have a road for and take it off the map. Then, everybody is in the same boat. Jones stated his goal is for growth to pay for itself. </P> <P>After further discussion, the Board did not take action.</P> <P><STRONG>PUBLIC WORKS 11-12-07</STRONG><BR>The Board considered a cooperation agreement with Baldwin City for the reconstruction of Route 1055 (6th Street) in Baldwin City from Indiana Street to Orange Street. Keith Browning, Director of Public Works, was present for the discussion. This project would extend the improvements made in 2001 from Route 1055 (6th Street) from Ames (US-56 highway) to Indiana Street. </P> <P>The cost share arrangement from the previous project was:<BR>-&nbsp;Baldwin City pays 100% of sidewalk costs, 100% of utility relocation costs, 50% of remaining construction costs, 50% of engineering design and construction inspection costs.<BR>-&nbsp;Douglas County pays 50% of construction costs less sidewalk and utility relocation costs, 50% of engineering design and construction inspection costs.</P> <P>Most recent cost estimate, the approximate cost shares (2008 dollars) would be as follows:</P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: 27.0pt list 45.0pt"><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: Arial; mso-bidi-font-size: 10.0pt; mso-bidi-font-family: 'Times New Roman'">Construction:<SPAN style="mso-tab-count: 3">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; </SPAN></SPAN><1/2xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" /><st1:place><st1:PlaceName><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: Arial; mso-bidi-font-size: 10.0pt; mso-bidi-font-family: 'Times New Roman'">Baldwin</SPAN></st1:PlaceName><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: Arial; mso-bidi-font-size: 10.0pt; mso-bidi-font-family: 'Times New Roman'"> </SPAN><st1:PlaceType><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: Arial; mso-bidi-font-size: 10.0pt; mso-bidi-font-family: 'Times New Roman'">City</SPAN></st1:PlaceType></st1:place><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: Arial; mso-bidi-font-size: 10.0pt; mso-bidi-font-family: 'Times New Roman'"><SPAN style="mso-tab-count: 4">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; </SPAN>$<SPAN style="mso-spacerun: yes">&nbsp;&nbsp; </SPAN>550,908&#160;<o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: 27.0pt list 45.0pt"><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: Arial; mso-bidi-font-size: 10.0pt; mso-bidi-font-family: 'Times New Roman'"><SPAN style="mso-tab-count: 5">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; </SPAN>DGCO<SPAN style="mso-tab-count: 4">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; </SPAN><U>$<SPAN style="mso-spacerun: yes">&nbsp;&nbsp; </SPAN>416,992</U><o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: 27.0pt list 45.0pt"><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: Arial; mso-bidi-font-size: 10.0pt; mso-bidi-font-family: 'Times New Roman'"><SPAN style="mso-tab-count: 5">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; </SPAN>Total<SPAN style="mso-tab-count: 5">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; </SPAN>$<SPAN style="mso-spacerun: yes">&nbsp;&nbsp; </SPAN>914,900<o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: 27.0pt list 45.0pt"><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: Arial; mso-bidi-font-size: 10.0pt; mso-bidi-font-family: 'Times New Roman'"><o:p>&nbsp;</o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: 27.0pt list 45.0pt"><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: Arial; mso-bidi-font-size: 10.0pt; mso-bidi-font-family: 'Times New Roman'">Design Engineering:<SPAN style="mso-tab-count: 1"> </SPAN></SPAN><st1:place><st1:PlaceName><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: Arial; mso-bidi-font-size: 10.0pt; mso-bidi-font-family: 'Times New Roman'">Baldwin</SPAN></st1:PlaceName><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: Arial; mso-bidi-font-size: 10.0pt; mso-bidi-font-family: 'Times New Roman'"> </SPAN><st1:PlaceType><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: Arial; mso-bidi-font-size: 10.0pt; mso-bidi-font-family: 'Times New Roman'">City</SPAN></st1:PlaceType></st1:place><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: Arial; mso-bidi-font-size: 10.0pt; mso-bidi-font-family: 'Times New Roman'"><SPAN style="mso-tab-count: 4">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; </SPAN>$<SPAN style="mso-spacerun: yes">&nbsp;&nbsp; </SPAN><SPAN style="mso-spacerun: yes">&nbsp;&nbsp;</SPAN>54,894<o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: 27.0pt list 45.0pt"><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: Arial; mso-bidi-font-size: 10.0pt; mso-bidi-font-family: 'Times New Roman'">(12% construction)<SPAN style="mso-tab-count: 2">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; </SPAN>DGCO<SPAN style="mso-tab-count: 4">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; </SPAN><U>$ <SPAN style="mso-spacerun: yes">&nbsp;&nbsp;</SPAN><SPAN style="mso-spacerun: yes">&nbsp;&nbsp;</SPAN>54,894<o:p></o:p></U></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: 27.0pt list 45.0pt"><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: Arial; mso-bidi-font-size: 10.0pt; mso-bidi-font-family: 'Times New Roman'"><SPAN style="mso-tab-count: 5">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; </SPAN>Total<SPAN style="mso-tab-count: 5">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; </SPAN>$<SPAN style="mso-spacerun: yes">&nbsp;&nbsp; </SPAN>109,788<o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: 27.0pt list 45.0pt"><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: Arial; mso-bidi-font-size: 10.0pt; mso-bidi-font-family: 'Times New Roman'"><o:p>&nbsp;</o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: 27.0pt list 45.0pt"><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: Arial; mso-bidi-font-size: 10.0pt; mso-bidi-font-family: 'Times New Roman'">Construction Engr:<SPAN style="mso-tab-count: 2">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; </SPAN></SPAN><st1:place><st1:PlaceName><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: Arial; mso-bidi-font-size: 10.0pt; mso-bidi-font-family: 'Times New Roman'">Baldwin</SPAN></st1:PlaceName><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: Arial; mso-bidi-font-size: 10.0pt; mso-bidi-font-family: 'Times New Roman'"> </SPAN><st1:PlaceType><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: Arial; mso-bidi-font-size: 10.0pt; mso-bidi-font-family: 'Times New Roman'">City</SPAN></st1:PlaceType></st1:place><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: Arial; mso-bidi-font-size: 10.0pt; mso-bidi-font-family: 'Times New Roman'"><SPAN style="mso-tab-count: 4">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; </SPAN>$<SPAN style="mso-spacerun: yes">&nbsp;&nbsp;&nbsp;&nbsp; </SPAN>54,894<o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: 27.0pt list 45.0pt"><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: Arial; mso-bidi-font-size: 10.0pt; mso-bidi-font-family: 'Times New Roman'">(12% construction)<SPAN style="mso-tab-count: 2">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; </SPAN>DGCO<SPAN style="mso-tab-count: 4">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; </SPAN><U>$<SPAN style="mso-spacerun: yes">&nbsp;&nbsp;&nbsp;&nbsp; </SPAN>54,894</U><o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: 27.0pt list 45.0pt"><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: Arial; mso-bidi-font-size: 10.0pt; mso-bidi-font-family: 'Times New Roman'"><SPAN style="mso-tab-count: 5">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; </SPAN>Total<SPAN style="mso-tab-count: 5">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; </SPAN>$<SPAN style="mso-spacerun: yes">&nbsp;&nbsp; </SPAN>109,788<o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: 27.0pt list 45.0pt"><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: Arial; mso-bidi-font-size: 10.0pt; mso-bidi-font-family: 'Times New Roman'"><o:p>&nbsp;</o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: 27.0pt list 45.0pt"><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: Arial; mso-bidi-font-size: 10.0pt; mso-bidi-font-family: 'Times New Roman'">Total Project Costs:<SPAN style="mso-tab-count: 2">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; </SPAN></SPAN><st1:place><st1:PlaceName><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: Arial; mso-bidi-font-size: 10.0pt; mso-bidi-font-family: 'Times New Roman'">Baldwin</SPAN></st1:PlaceName><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: Arial; mso-bidi-font-size: 10.0pt; mso-bidi-font-family: 'Times New Roman'"> </SPAN><st1:PlaceType><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: Arial; mso-bidi-font-size: 10.0pt; mso-bidi-font-family: 'Times New Roman'">City</SPAN></st1:PlaceType></st1:place><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: Arial; mso-bidi-font-size: 10.0pt; mso-bidi-font-family: 'Times New Roman'"><SPAN style="mso-tab-count: 4">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; </SPAN>$<SPAN style="mso-spacerun: yes">&nbsp;&nbsp; </SPAN>610,696<o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: 27.0pt list 45.0pt"><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: Arial; mso-bidi-font-size: 10.0pt; mso-bidi-font-family: 'Times New Roman'"><SPAN style="mso-tab-count: 5">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; </SPAN>DGCO<SPAN style="mso-tab-count: 1">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; </SPAN><SPAN style="mso-tab-count: 3">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; </SPAN><U>$<SPAN style="mso-spacerun: yes">&nbsp;&nbsp; </SPAN>523,780</U><o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: 27.0pt list 45.0pt"><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: Arial; mso-bidi-font-size: 10.0pt; mso-bidi-font-family: 'Times New Roman'"><SPAN style="mso-tab-count: 5">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; </SPAN>Total<SPAN style="mso-tab-count: 5">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; </SPAN>$1,134,476<o:p></o:p></SPAN></P> <P> <P>Browning stated the estimates are conservative. Douglas County currently has $432,697 allocated in the CIP for this work. Baldwin City has $500,000 earmarked in their budget for the project. Douglas County is approximately $100,000 short. Pam Madl, County Administrator, stated there is a good chance another public works project will be delayed, allowing for the additional funding.</P> <P>Johnson moved to approve the cooperation agreement with Baldwin City for the reconstruction of Route 1055 (6th Street) from Indiana Street to Orange Street in Baldwin City. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 11-12-07</STRONG><BR>Jones moved to approve payroll in the amount of $791,774.66 paid on 11/02/07; FICA in the amount of $57,966.17 paid on 11/09/07; KPERS in the amount of $62,611.82 paid on 11/09/07; and accounts payable in the amount of $637,777.48 to be paid on 11/12/07. The motion was seconded by Johnson and carried unanimously. </P> <P><STRONG>MISCELLANEOUS 11-12-07</STRONG><BR>Keith Browning, Director of Public Works, provided the Commission with a copy of the 2007-2008 Snow Policy.</P> <P><STRONG>MISCELLANEOUS 11-12-07</STRONG><BR>The Board discussed setting up a committee to discuss project amounts and priorities for the Airport Industrial Park and Farm Land regarding infrastructure and road improvements. Johnson directed Craig Weinaug, County Administrator, to talk with Dave Corliss, City Manager, about the County Commission’s eagerness to set a committee to pursue discussions regarding the Airport Industrial Park and Farm Land and whether it’s feasible for the local governments to invest what is necessary to make the industrial parks work. Jones offered to speak with one of the City Commissioners regarding the same process.</P> <P>Jones moved to adjourn the meeting; McElhaney seconded and the motion carried.&nbsp; </P> <P>&nbsp;</P> <P><BR>____________________________&nbsp;&nbsp;&nbsp; ____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Jere McElhaney, Vice Chair</P> <P>ATTEST:</P> <P>_____________________________&nbsp;&nbsp; ____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member<BR>&nbsp;&nbsp;&nbsp; </P></P>

<P>Bob Johnson, County Commissioner, and Charles Jones, County Commissioner, attended a meeting of the Baldwin City Planning Commission held at the Baldwin City Public Library on Tuesday evening, November 13, 2007 at 7:00 p.m. Members of the Baldwin City Council were also in attendance. LandPlan Engineering presented the draft Baldwin City Comprehensive Plan. Baldwin representatives indicated they intended to ask the County Commission, after the new plan is adopted, for more regulatory control over the area outside the city. Discussed with the County Commission was the possibility that after adoption of an Urban Growth Area, Baldwin City would be interested in negotiating an interlocal agreement (or some other form of implementation) to provide for shared responsibilities for the planning and regulation of development in the Urban Growth Area surrounding Baldwin City. No decisions were reached.</P> <P>After the Planning Commission meeting adjourned at 9:15 p.m., Bob Johnson called the meeting of the Douglas County Commission to order with two members present. McElhaney was absent. Charles Jones moved the adoption of Resolution No. 07-48, a temporary burning ban through Monday, November 19, 2007. The motion was seconded by Johnson, passed unanimously. </P> <P>Johnson moved to adjourn the meeting; Jones seconded and the motion carried.&nbsp; </P> <P>&nbsp;</P> <P><BR>____________________________&nbsp; ____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;&nbsp;&nbsp; <BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp; <BR>&nbsp;&nbsp;&nbsp; <BR></P>

<P><BR>Johnson called the meeting to order at 6:35 p.m. on Wednesday, November 28, 2007 with all members present.</P> <P><STRONG>CONSENT AGENDA 11-28-07</STRONG><BR>McElhaney moved approval of the following Consent Agenda:</P> <P>&nbsp; &nbsp;&#9658;&nbsp;Consider approval of Commission Orders 07-170, 07-171, 07-172,&nbsp; and&nbsp; 07-173 (on file with the office of the Clerk)<BR>&nbsp;&nbsp;&#9658;&nbsp;Consider approval of Notice to Townships for Cereal Malt Beverage Township notices for Flamingo Enterprises and Flamingo Enterprises/The Bird; Zarco 66; Cecil Monday’s Bar &amp; Grill, Midland Farm Store and Area Management Corp.; and<BR>&nbsp;&nbsp;&#9658;&nbsp;Consider approval of Class “B” Club Occupational License for Little Reno, Inc. DBA Paradise Saloon; and The Bird of Lawrence <BR>&nbsp;&nbsp;&#9658; Note fee receipts for October 2007 and addition receipts from September 2007.</P> <P>The motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PLANNING 11-28-07 <BR></STRONG>The Board considered the approval of SP-10-76-07 Midnight Farm revised site plan located at 2084 N 600 Road. Mary Miller, Lawrence-Douglas County Metropolitan Planning Department discussed the changes to the site plan to include moving the driveway, removal of the pool due to liability issues; relocating the walking trail to the west; and moving two houses due to terrain. The septic tanks and lateral fields are binding. The health department would have to approve any changes. The plan still consists of a total of four residences. No public comment was given.&nbsp; </P> <P>Jones moved to approve SP-12-76-07 a revised site plan for Midnight Farm. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PLANNING 11-28-07</STRONG><BR>The Board conducted a Public Hearing for a petition requesting vacation of an access and utility easement dedicated on the plat of Midnight Farm Addition. Keith Browning was present for the hearing.</P> <P>Jones moved to open the public hearing; McElhaney seconded and the motion carried unanimously. No public comment was heard. Jones moved to close the public hearing; McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>PLANNING 11-28-07</STRONG><BR>Jones moved to approve the vacation of an access and utility easement dedicated on the plat of Midnight Farm Addition. The motion was seconded by McElhaney and carried unanimously.&nbsp; </P> <P><STRONG>PUBLIC WORKS 11-28-07<BR></STRONG>The Board received recommendations from the Marion Township Board to consider declaring a portion of E200 Road, E600 Road, E650 Road, and N1 Road as “Minimum Maintenance.” </P> <P>Jones moved to receive the recommendations from the Marion Township Board for the request to minimum maintenance on the above listed roads. Motion was seconded by McElhaney and carried unanimously.</P> <P>Jones moved to approve Resolution No. 07-51 requesting a recommendation concerning the designation of a portion of E200 Road, E600 Road, N1 Road, and E560 Road as “minimum maintenance”. Descriptions are as follows: 1) That portion of E200 Road (Permanent Road Record No. 33D) from N450 Road to 500N; 2) That portion of E600 Road (Permanent Road Record No. 391) from N500 Road to 550N; 3) That portion of E650 Road (Permanent Road Record No. 412) from N300 Road to 250N; and 4) That portion of N1 Road (Permanent Road Record No. 393) from 600E to 570E. Motion was seconded by McElhaney and carried unanimously. </P> <P>Jones moved to forward the recommendations for minimum maintenance roads to the Planning Commission for consideration. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 11-28-07</STRONG><BR>Johnson asked if the County has policy covering township requests for minimum maintenance designations. He also asked whether the County should be vacating some of these roads. </P> <P>Browning stated he is leery of vacating roads because once vacated the road is gone. Jones stated he feels that would be low risk because you only want to make a road if development is going to occur. McElhaney stated it would be helpful to see how the T2030 plan will affect the area before approving other vacations.</P> <P>Johnson stated the County has taken the position if you want to build a road, the property owner would have to build the road to County standards and dedicate it to the County. Then, the County and/or township would be responsible for maintenance. </P> <P><STRONG>ACCOUNTS PAYABLE 11-28-07</STRONG><BR>Jones moved to approve a wire transfer for accounts payable in the amount of $501,962.40 paid on 11/27/07. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 11-28-07</STRONG><BR>The Board recognized Ron Stegall for his success on receiving full grant money ($24,000) requested under a new special legislative grant for programs specific to reducing the number of prison occupants.</P> <P><STRONG>MISCELLANEOUS 11-28-07</STRONG><BR>Hubbard Collingsworth, Douglas County resident, stated he hopes the Commissioners will consider long-range transportation planning before vacating dedicated right-of-way on record because it may be needed for future expansion efforts. </P> <P>Jones moved to adjourn the meeting; McElhaney seconded and the motion carried.&nbsp; </P> <P>&nbsp;</P> <P><BR>____________________________&nbsp;&nbsp;&nbsp; ____________________________<BR>&nbsp;Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Jere McElhaney, Vice Chair</P> <P>ATTEST:</P> <P>_____________________________&nbsp;&nbsp; ____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member</P>

<P>Johnson called the meeting to order at 6:35 p.m. on Wednesday, November 14, 2007 with all members present.&nbsp; </P> <P>Commissioner Johnson Introduced Alex Hyler, Student Commissioner from Lawrence High School, to the public.</P> <P><STRONG>CONSENT AGENDA 11-14-07</STRONG><BR>Johnson moved approval of the following Consent Agenda:</P> <P>&nbsp;&#9658;&nbsp;Commission Order Nos. 07-166 and 07-823 (on file with the office of the Clerk); and<BR>&nbsp;&#9658;&nbsp; Community Corrections Application for FY2007 Unexpected Funds.</P> <P>The motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PLANNING 11-14-07<BR></STRONG>The Board considered the approval of CUP-02-02-07, a Conditional Use Permit for a grass airstrip, located at 593 E 1250, Baldwin City. The application was submitted by James and Barbara Butell, property owners of record. This item was tabled from the May 9, 2007 meeting. Mary Miller, Lawrence-Douglas County Metropolitan Planning Department was present for the discussion .</P> <P>Jones asked if the Federal Aviation Administration (FAA) was supposed to send a determination letter regarding the airstrip. Miller stated “yes.” Mr. Butell submitted the application for approval, but has not received a response. Jones asked who is responsible for submitting the materials to the FAA for review. Miller stated it is the applicant’s responsibility to submit the materials. Jones asked when the Board can expect a determination. Miller stated normally there is a 3-month turnaround. </P> <P>Johnson opened the item for public comment.</P> <P>Terence Leibold, attorney representing J&#160; and Thea Richards, requested the Board defer the item until a determination from the FAA has been received or make the conditions subject to approval by the FAA. Johnson stated if the Board approves the item, it will be with conditions, including “no objection” by FAA.&nbsp; A determination other than “no objection” would constitute the CUP being rescinded. </P> <P>Jones moved to close the public comment; McElhaney seconded and the motion carried unanimously. </P> <P>Jones suggested a two-year review period be place on the CUP. Johnson stated he will not be here in two years and suggested a one-year review period when all three Commissioners will still be in office, then the normal five-year review. Johnson stated, “We want to be as consistent as possible with how the Board treats CUPs. We are stepping outside the normal a bit by having a one-year review, but the review should be under the assumption that if all is well, there are no complaints, and have no incidents or reasons to make modifications, the CUP will continue. During the course of the years, if issues return, we will reevaluate our decision.”</P> <P>Jones commented to the applicant, “The Board has the legal right to review a CUP any time we want to. We are doing something that’s clearly in our authority.” If there are no more incidents, he stated he will support the CUP’s continuation. </P> <P>Evan Ice, County Counselor, stated there will be some revised language that will come back to the Board and he suggested the Board only take a preliminary vote at today’s meeting. </P> <P>It was the consensus of the Board for the County Counselor to draft language to amend condition No. 3 to state the decision by the FAA needs to be received by the County or Planning Department no later than 90 days from this meeting. If the FAA report is not received in that time frame, the CUP will be automatically rescinded. Jones asked the language to include that after the 90 days, flight be prohibited until there is FAA approval. Condition No. 4 will include the one-year review. </P> <P>Johnson moved to direct the County Counselor to prepare the Conditions for the CUP for the Consent Agenda for the Monday, November 19, 2007 meeting. Motion was seconded by Jones and carried unanimously. </P> <P><BR><STRONG>PLANNING &amp; TEXT AMENDMENTS 11-14-07</STRONG><BR>Johnson moved to approve TA-08-18-07 to Section 20-813(b)(2) (Subdivision Regulations) of the Development Code to delete the reference to the Planning Commission approving final plats. Motion was seconded by Jones and carried unanimously.</P> <P>Johnson moved to approve TA-09-20-07 amendments to Sections 20-804, 20-805, 20-808, and 20-811 of the Development Code to clarify that water service must be purchased from and conveyed by a publicly treated water source. Motion was seconded by Jones and carried unanimously.</P> <P>Johnson moved to approve TA-09-21-07 amendments of the Development Code to Sections 20-804(c)(1)(viii), to clarify that access shall be taken from a hard surfaced road; 20-805(c)(1)(iv) to clarify that access shall be taken from a hard surfaced road; 20-808(c)(2) to clarify that access shall be taken from a hard surfaced road; and 20-815 to define the terms “Hard Surfaced Road” and “County’s Rock Road Standard.” Motion was seconded by Jones and carried unanimously.</P> <P>Johnson moved to approve TA-09-22-07 amendments to the Development Code to Section 20-804 to eliminate the requirement for Conservation Easements and create a requirement for Temporary Set Aside Agreements for Certificate’s of Survey in Lawrence’s Urban Growth Area; 20-805 to eliminate the requirement for Conservation Easements and create a requirement for Temporary Set Aside Agreements for Certificate’s of Survey in Lawrence’s Urban Growth Area; 20-810 to clarify that either Temporary Set Aside Agreement or an optional Conservation Easement shall be used as a resource preservation tool associated with Certificate of Survey’s in Lawrence’s Urban Growth Area; and 20-815 to define the term Temporary Set Aside Agreement. Motion was seconded by Jones and carried unanimously.</P> <P>Johnson moved to approve TA-09-23-07 amendments to Section 20-807 of the Development Code to create a procedure for amending approved Certificate’s of Survey. Motion was seconded by Jones and carried unanimously.</P> <P>Johnson moved to approve revision to TA-11-13-06 an amendment to Section 20-801(e)(3) of the Lawrence Development Code and Chapter XII of the Douglas County Code, the jointly adopted Lawrence/Douglas County Subdivision Regulations, to correct an error of omission in a text amendment recommended by the Planning Commission at their August 15, 2007 meeting. Motion was seconded by Jones and carried unanimously.</P> <P>Jones moved to adjourn the meeting; McElhaney seconded and the motion carried.&nbsp; </P> <P>&nbsp;</P> <P>____________________________&nbsp;&nbsp;&nbsp; &nbsp;____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Jere McElhaney, Vice Chair</P> <P>ATTEST:</P> <P>_____________________________&nbsp;&nbsp; ____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P>

<P><BR>Johnson called the meeting to order at 6:35 p.m. on Wednesday, May 2, 2007&nbsp;with all members present. The Pledge of Allegiance was recited. </P> <P>McElhaney moved to approve the minutes of April 9 and April 23, 2007. The motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>CONSENT AGENDA 05-02-07</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <P>&#9658;&nbsp; Commission Orders No. 07-124 (on file in the office of the County Clerk); <BR>&nbsp;<BR>The motion was seconded by Johnson and carried unanimously. </P> <P><STRONG>PLANNING 05-02-07</STRONG><BR>Mary Miller, Lawrence-Douglas County Metropolitan Planning Department, presented the Board with item CUP-02-02-07 for a Conditional Use Permit for a grass airstrip, located at 593 E 1250 Road in Baldwin City, Kansas. The application was submitted by James and Barbara Butell, property owners of record. The property is approximately 98 acres in size. The airstrip has been in operation since 1999. The airstrip is located away from existing structures and lies approximately 380’ to the west of, and parallel to, Highway 59. The applicant was unaware a Conditional Use Permit was required at the time he constructed the airstrip. He submitted a Conditional Use Permit application when he was notified of the requirement by the Douglas County Zoning and Codes office. Approval of the request would bring the existing airstrip into compliance with the Douglas County Zoning Regulations. </P> <P>Staff recommends approval of the CUP-02-02-07 for a grass airstrip and forwarding it to the County Commission with recommendation for approval based upon the following findings of fact:</P> <P><STRONG>Zoning and land uses of properties nearby.</STRONG> The property is located to the west of E1250 Rd (Hwy 59) and north of N550 Rd. The area and the surrounding area are zoned for agricultural use. The property is in terraced grassland and the only development on the property is a 7680 sq. ft. hangar and a 2100’ grass airstrip. Land use of nearby property is agricultural and rural residential. </P> <P><STRONG>Character of the area.</STRONG> This is a rural area with agricultural land uses and scattered rural residences. Highway 59 is adjacent to the property on the east.</P> <P>Suitability of subject property for the uses to which it has been restricted. A Conditional Use Permit (CUP) d&#160;s not change the base, underlying zoning. The suitability of the property for agricultural or rural residential use will not be altered. The 97.54-acre property is developed with an airplane hangar and a grass airstrip. The A District allows numerous uses, including agricultural uses and single-family dwellings. This property is suitable for most of the uses permitted in the A zoning district.</P> <P><STRONG>Length of time subject property has remained vacant as zoned.</STRONG> <BR><STRONG>Extent to which approving the rezoning will detrimentally affect nearby properties.</STRONG> County Zoning Regulations were adopted in 1966; this property has been zoned “A (Agricultural)” since that adoption. The property was developed with a hanger and grass airstrip in 1999. There is not other development on the property. </P> <P><STRONG>Extent to which removal of restrictions will detrimentally affect nearby property.</STRONG> The airstrip is located away from structures or residences. Given the lack of public comment or complaints regarding this airstrip and its distance from other structures or development there should be no negative public impact associated with the approval of this CUP. </P> <P><STRONG>Relative gain to the public health, safety and welfare by the destruction of the value of the petitioner’s property as compared to the hardship imposed upon the individual landowners.</STRONG> The public health, safety and welfare would not be significantly impacted by either the approval or denial of this CUP request. The denial of the request would create a hardship for the applicant in that it would prevent them from using the property as a landing strip or hangar.</P> <P><STRONG>Conformance with the Comprehensive Plan.</STRONG> Horizon 2020 d&#160;s not directly address the issuances of CUPs or private landing strips. The comprehensive plan d&#160;s discuss Lawrence Municipal Airport and the need to keep its airspace free from encroachment. This private airstrip will not encroach on the Municipal Airport’s airspace.</P> <P>AND subject to the following conditions:</P> <P>1)&nbsp;Provision of a revised site plan to include the following notes:<BR>a.&nbsp;The permit will be administratively reviewed by the County in 5 years (Calendar Year 2012).<BR>b.&nbsp;The permit will expire at the end of 10 years (Calendar Year 2017), unless an application for renewal is approved by the local governing body.<BR>2)&nbsp;Provision of a copy of the Federal Aviation Administration determination for the airstrip resulting from the review required under FAA Regulation 14CFR part 157<BR>a.&nbsp;If FAA determination is other than ‘no objections’ the CUP will be rescinded. The CUP will be reinstated if a ‘conditional determination’ was made by the FAA when the applicant meets the FAA conditions.</P> <P>Miller provided a map of existing airstrips in Douglas County and is in the process of drafting airstrip standards as requested by the Board at a previous meeting. Miller contacted KDOT’s Department of Aviation and FAA Airport Division in Washington, D.C. for guidance to determine the distance requirements of “no obstruction zones” around an airport or an airstrip. It was determined there are a total of six airstrips, all located in the southern portion of Douglas County. Miller stated that even though the applicant d&#160;s not receive FAA funding, he is required to provide FAA notice when he wishes to construct a new runway. The applicant has submitted the proper forms. It could take 30-60 days to receive a determination. The FAA will make one of three determinations: 1) no objection; 2) a conditional determination where there are conditions to be met; or 3) an objectional determination. FAA would not actually prohibit the application. However, Staff would recommend the CUP application be rescinded if FAA determines anything other than a determination of “no objection.” </P> <P>Jones asked if the FAA regulations address the use of the airstrip. Miller responded that FAA regulations do regulate whether the use is commercial or agricultural. Occasionally, in the CUPs the County has restrictions for commercial use. Jones questioned if Miller reviewed the clearance on the north end, as well as the south end of the property. Miller stated she had.</P> <P>Jones asked Keith Dabney, Director of Zoning and Codes, to share with the Board the history of this CUP application. Dabney responded the issue was brought to his attention when a CUP for an airstrip south of Eudora was brought to the Board. Jones asked Dabney when he first made the applicant aware of the problem of not having a permit for the airstrip. Dabney answered in the last few months. Jones asked if it is the applicant’s responsibility or Staff’s responsibility to make the applicant aware there are laws and regulations to abide. Dabney answered both. Staff will notify the owner if they are aware of the intent to build an airstrip, but it is the property owner’s responsibility to inquire if a permit it required.</P> <P>McElhaney questioned how Staff would treat a CUP if the airstrip crosses utility easements or right-of-ways. Dabney replied Staff would get confirmation from the utility company holding the easement that there are no objections. McElhaney asked if the township fire departments were notified of the application. Dabney stated that townships are typically notified, but the Sheriff was not notified. McElhaney suggested Staff add the Sheriff’s Department to their list of informants. </P> <P>Johnson opened for public comment.</P> <P>Terence Leibold, attorney for J&#160; and Thea Richards, representing J&#160; and Thea Richard, the property owners to the west of the airstrip, stated the Richards have concerns regarding safety, due to the strip being so close to Highway 59. He also mentioned the Richards have a history with the applicant. He presented a letter Mr. Butell handed to the Richards prior to the beginning to the meeting. Leibold stated the applicant likes to use his airplane for harassment and intimidation. The applicant&nbsp; repeatedly flies over the Richards household. Leibold stated Mr. Butell used the airstrip for pleasure purposes, not agricultural purposes. Liebold stated that there is a significant risk involved due to the proximity of the Richard’s house and highway 59 to the airstrip. Leibold stated the general welfare of the community would dictate that the application be denied. </P> <P>Johnson stated it is worth noting that the distance from Highway 59 to the strip is appropriate per FAA requirements, plus the fact that Highway 59 is in the process of being moved 300’ to the east, which will put it even farther away. There should not be a safety issue. </P> <P>James Butell, applicant, read a letter to the Commissioners giving background information on his pilot qualifications and license. Butell also stated he was not the only airstrip owner that d&#160;s not have a permit. He knows of four other residents who will need to make applications for CUPs. He clarified that he d&#160;s use his airstrip for agriculture and pleasure. He uses his plane to fly over terracing outlets on his three farms to see if the pipes are plugged up. He stated the airstrip is legal because he had two men from the Wichita Airport stake the airfield before he built it in 1999. He did not remember their names or agency.</P> <P>Jones asked if the consultant mentioned the permit requirement. Butell replied they did not. </P> <P>Jones moved to close the public hearing; McElhaney seconded the motion and it carried 3-0. </P> <P>Jones stated that he d&#160;s not feel the applicant meets all the qualifications to have the airstrip. He sees it as used for recreational use and while there may be some agricultural use, he is not sure why the applicant could not drive around and look at the pipes. Jones stated, “If people can’t be good neighbors, I’m not inclined to be very supportive of their request. </P> <P>McElhaney stated, “It disappoints me when we have landowners and neighbors in this community who do not even try to put forth some effort to have good communication and good skills to work together.” McElhaney stated he feels that according to staff review, the applicant meets all necessary requirements. Next time, he would like to see more public safety officials involved at the Planning Commission level. He also stated, he d&#160;s not like the airstrip going completely to the property line to the north. . </P> <P>Johnson stated his position is the airfield is not legal contrary to what Mr. Butell says. It perhaps was built to legal specifications, but is not legal because he did not get a permit. Johnson commented that Miller did a great job analyzing, checking with FAA and giving the Board the facts to make a decision. The tragedy here is the neighbors do not get along. The Board cannot and should not regulate based on that fact. The airfield was there before the property was sold. The people who bought the property knew the airfield was there.</P> <P>Jones questioned if the Board should entertain the possibility of a shorter CUP than the 10-year window. Johnson stated no. He feels the Board should stick with the 10 year CUP with a 5-year review. If there are neighbor complaints, the Board can always hear them. </P> <P>McElhaney requested the item be tabled for further consideration and to be placed on the agenda for the May 9, 2007 meeting. Jones commented that the Board is always respectful if a member wants to table an item. Johnson agreed.</P> <P>McElhaney moved to table Planning Item CUP-02-02-07 grass airstrip at 592 E 1250 Road for one week. The motion was seconded by Jones and carried 3-0.</P> <P><STRONG>MISCELLANEOUS AND ECO2 05-02-07</STRONG>&nbsp;&nbsp; <BR>The Board received the ECO2 report of Commission Final Plan. Trudy Rice, Chair introduced Larry McElwain, Vice Chair. McElwain conducted a brief PowerPoint presentation asking the Board to adopt the plan.</P> <P>McElhaney stated his concern for tax of the plan. He questioned if the proposed conservation easements in parks are to be permanent. Roxanne Miller, ECO2 member, replied she anticipates the Conservation easements being permanent. When you have the value of the easements appraised, it is based on the term and typically, the conservation easements are permanent and are paid in a manner that it is permanently purchasing in essence the development rights.</P> <P>Jones thanked the ECO2 Commission and stated something has to happen fairly soon. This commission has been dedicated to the idea that one of the legacies we want is a substantial amount of space for industrial growth, and to set in motion plans to meaningfully preserve open space on some of our heritage sites. He stated the Farmland property would be a great opportunity, but if not, then maybe another site. </P> <P>There were no comments from the public.</P> <P>Jones moved to accept and adopt ECO2's final plan; McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>MISCELLANEOUS &amp; RESOLUTIONS 05-02-07</STRONG><BR>Korb Maxwell, Polsinelli Shalton Welte Suelthaus, P.C., addressed the Board on behalf of Cinco Hombres, LLC. to request the adoption of a resolution that will call a public hearing on May 23, 2007 regarding the adoption of a Neighborhood Revitalization Plan located in the 8th &amp; Pennsylvania District of Lawrence, Kansas. </P> <P>McElhaney moved to approve Resolution No. 07-15 establishing a date and time of a public hearing being May 23, 2007 at 6:35 p.m. and regarding the adoption of a Neighborhood Revitalization Plan. The motion was seconded by Jones and carried unanimously.</P> <P><STRONG>RURAL WATER DISTRICTS 05-02-07</STRONG><BR>Quentin Kurtz, attorney with Stumbo Hanson, LLP, presented the Board with a petition for approval of the attachment of lands to Rural Water District No. 2 in Douglas County, Kansas. Also present for discussion were Brad Lindstrom of Bartlett &amp; West Engineering; Butch Miles, Chair of Rural Water District No. 2; and at least one landowner within the area.</P> <P>Jones questioned how this piece of land relates to the rest of water district’s boundaries. Lindstrom stated that RWD No. 4 is on the east side of the area, RWD No. 5 is on the west. Basically, this property filled in the gap annexation between the two districts no other district served. Jones asked if the agreement is granted, from east to west running north of Highway 56, would all properties would be within 2, 4 or 5 rural water districts and there will be no property outside of someone’s rural water district. Lindstrom stated that is correct</P> <P>Johnson opened for public comments.</P> <P>J&#160; Daniels, 20815 175th St. Tonganoxie, stated in 2005 he submitted a petition for rezoning for southeast corner of intersection of Highways 56 &amp; 59. Since that time, he has been trying to file a plat. Public water is superior to wells in terms of health and in terms of firefighting capabilities.</P> <P>Jones moved to close the public hearing; McElhaney seconded and the motion carried unanimously. After discussion, Jones made a motion to approve the attachments of land as described in the petition from Rural Water District No. 2. McElhaney seconded, carried unanimously.</P> <P><STRONG>PUBLIC WORKS 05-02-07</STRONG><BR>Keith Browning, Director of Public Works, presented the Board with a proposed Five-Year Plan for federally funded projects submitted to KDOT. Browning reviewed the following projects:&nbsp; <BR>-&nbsp;Replacement of Route 442 Bridge over Captain Creek just west of Johnson County line (currently under construction with target completion date of September 2007).<BR>-&nbsp;Replacement of Route 1023 bridge over Rock Creek located at 06.97N-01.00E (plans complete; scheduled for January 2008 bid opening).<BR>-&nbsp;Replacement of Route 1057 bridge over the Wakarusa River (engineering design work has not been started). This bridge is on one of the corridors we have discussed including in a study of arterial road corridors to carry traffic from US-59 south of Lawrence to K-10 east of Lawrence. </P> <P>KDOT estimates a total of $2,439,180 in federal funds to be available to Douglas County. It is estimated the last two projects listed will substantially consume those funds. Browning suggested inserting another project into the 2008-2012 five-year plan between the 1023 Bridge project and the Route 1057 Bridge replacement project. </P> <P>Johnson suggested we concentrate our efforts where we are growing, where traffic is increasing, and which bridges are under the most stress to have the potential failure. It would seem beneficial to have the City in on our discussion to decide which bridges in the Urban Growth Area need our concentration.</P> <P>Jones stated he would like to see something between 59 and K-10 get first priority. He suggested using Noria Road to expand the bridge that g&#160;s across the Wakarusa River. Browning stated it can be done, but would use up all the funds available. Browning strongly suggested the City and County do a road study to identify costs.</P> <P>Jones believes it is a good possibility trucks will use Noria Road whether we want them to or not. We need to explore that possibility. </P> <P>After further discussion, it was the consensus of the Board to table the item for&nbsp;&nbsp;&nbsp;&nbsp; two weeks.</P> <P><STRONG>PLANNING 05-02-07</STRONG><BR>Linda Finger, County Consultant, presented the Board with draft text amendments to the Subdivision Regulations. The Commissioners expressed concern that the ‘hard-surfaced’ road standard for residential developments within the UGA was too high a standard for most townships to meet or was outside their capabilities to achieve. The Commission expressed their interest in development of a different standard to address their main concern, which is one of dust generated by additional vehicles from residential developments in the UGA. They discussed the lack of a definition of the term ‘hard-surface road’ in the Subdivision Regulations and asked Keith Browning, Director of Public Works, how he would define a ‘hard-surfaced road’. His definition would require more than applying a topical dust palliative to the road’s surface. After further discussion, the Commission decided that an amendment to this requirement in the regulations was necessary. A new road standard with a definition that addresses dust and the stabilization of the road surface is needed. The requirement to access ‘hard-surfaced roads’ should be replaced with a new road standard. The Commission directed Browning and Finger to return to the Board with additional proposed language for initiation as text amendments.</P> <P>After further discussion, Jones moved that the text amendments proposed be sent to the Planning Commission for consideration. McElhaney seconded and motion carried unanimously.</P> <P>Following are revisions based on discussion and actions by the Board on Wednesday, May 2, 2007:<BR>1.&nbsp;<U>Revising the Certificate of Survey for process</U> -- particularly as it relates to UGA properties -- and the impact this will have on doing actual long range planning for future 'redevelopment' upon annexation. Commissioners considered this a policy discussion with CJ supporting not changing the current certificate of survey process and BJ thinking it was okay to redo the C of S as often as it may be needed. The compromise was to revise the current text amendment to permit a C of S to be revised when it is for property located in Service Area 4 of Lawrence's UGA. [related to items 1,7 &amp; 8 in memo that preceded text amendments] </P> <P><BR>2.&nbsp;<U>Permitting a second house for permanent residence on a rural residential site</U> to address the gaps that John Selk had identified in the Guest House provision [e.g, no kitchen permitted and not for permanent residency year-round] that he had discussed&nbsp; with BJ and JM as an issue (erroneously) with the "Build Out Plan". The BOCC's action was to take no action to correct this.&nbsp; If the frontage and other requirements are met then another residence could be built on its own site. To allow a second residence on a larger site but not require it to occur as a 2nd division was problematic for future misunderstandings and inequalities for others was the Commission's determination.[related to item 9 in memo that preceded text amendments] </P> <P><BR>3.&nbsp;<U>"Making whole" those properties that were caught up by the Exemption Section of the previous Subdivision Regulations</U> and were not created as lawful divisions that would then meet the Exemption or Vested Rights criteria in the current Subdivision Regulations. It was CJ's opinion that this was&nbsp; 'too bad' and similar to a natural selection process (my words, not his) in that those that followed the rules previously could and should get permits and those that did not follow the rules should not get permits. He saw it as a policy issue and something that would create great inequity among property owners that had legitimate divisions, but less than 20 acres, in the UGA and therefore could not get a building permit AND those who did not follow the rules (or the previous owners had not followed the rules), owned divisions created illegally that were over 5 acres but less than 20 acres and -- by this amendment -- could then qualify for issuance of a building permit. After discussion between BJ and CJ with a few comments by JM, it was agreed to proceed with the text amendment as proposed because it required at least 5 acres and compliance with both sanitation and road frontage requirements. An estimate of approximately 100 properties may have this problem or as few as 20-30 may have this problem concerned CJ. He asked staff to come up with a better educated guess as to how many cases actually exist that are caught up in the previous '5 acre exemption' by being a division that was #4 or more, from a 1972 tract that had a division of less than 5 acres. [related to item 10 in memo that preceded text amendments] </P> <P><BR>4.&nbsp;The majority of the remainder of discussion on the text amendments centered on the requirement for properties within the UGA to take access to a hard surfaced road and the impossibility this created for property owners in any other township except Wakarusa.&nbsp; CJ led the discussion that the BOCC's primary concern when creating this requirement was with the amount of dust created by traffic from rural residential. When asked if dust was the primary concern I suggested that traffic volumes were also a concern. This was determined by commissioners to not be the primary concern -- their primary reason for wanting hard surface roads was as a deterrent to dust created by increased traffic on roads. The BOCC will continue to work with Keith Browning in the coming weeks to arrive at and define a new term such as "stabilized road" to replace or supplement the term "hard surfaced road.” This will result in future text amendments.</P> <P>Jones moved to adjourn; McElhaney seconded and the motion carried unanimously.</P> <P><BR>_____________________________&nbsp;&nbsp;&nbsp; ________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Jere McElhaney, Vice Chair</P> <P><BR>ATTEST:</P> <P>_____________________________&nbsp;&nbsp; &nbsp;_________________________ <BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member&nbsp; <BR></P>

<P><BR>Johnson called the meeting to order at 8:30 a.m. on Monday, November 19, 2007 with all members present.&nbsp; </P> <P><STRONG>CONSENT AGENDA 11-19-07</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <P>&nbsp;&#9658;&nbsp;Commission Order No. 07-167 (on file with the office of the Clerk);&nbsp; <BR>&nbsp;&#9658;&nbsp;Agreement for Acceptance for the Provision of Health Care Services between the Board of County Commissioners of Douglas County and Lawrence Memorial Hospital for health care services to inmates;&nbsp; <BR>&nbsp;&#9658; &nbsp;Resolution No. 07-49 establishing a 30 miles per hour maximum speed limit&nbsp; on a portion of N 400 Road in Palmyra Township; and<BR>&nbsp;&#9658;&nbsp;Resolution No. 07-50 establishing a 40 miles per hour maximum speed limit&nbsp; on a portion of N 400 Road in Willow Springs Township.</P> <P>The motion was seconded by McElhaney and carried unanimously.</P> <P>The following two items were pulled from the Consent Agenda:</P> <P><STRONG>PLANNING 11-19-07</STRONG><BR>The Board considered the approval of CUP-08-08-07, a Conditional Use Permit for a retail nursery at 264 E 2100 Road tabled from the November 12, 2007 meeting. The Board had concerns of whether the entrance to the nursery was adequate. Linda Finger, Resource Planning Coordinator, was present for the discussion. She stated Keith Browning, Director of Public Works, spoke with Palmyra Township representatives and visited the site since the November 12, 2007 meeting. Browning recommended the following conditions be added to the CUP: 1)Obtaining an entrance permit from Palmyra Township, and 2) Constructing the entrance as permitted.</P> <P>McElhaney stated he is in favor of the CUP, but suggested adding a time limit to the conditions. He would like to see all conditions met by yearend. Jones suggested instead having Staff report back to the Board on the status of meeting the conditions by the end of the year. Johnson said the property owners are not in compliance until the conditions are met and he would assume they would be anxious to complete them. </P> <P>Jones moved to approve CUP-08-08-07, for a retail nursery subject to the following conditions:<BR>1)&nbsp;Provision of a revised site plan to include the following notes;<BR>a.&nbsp;The permit will be administratively reviewed by the County in 5 years (Calendar Year 2012).<BR>b.&nbsp;The permit will expire at the end of 10 years (Calendar Year 2017), unless an application for renewal is approved by the local governing body.<BR>c.&nbsp;Retail area shall not exceed 3,500 square feet of enclosed net retail space.<BR>And&nbsp; additional conditions added by the BOCC: 1) Obtaining an entrance permit from Palmyra Township, and 2) Construction the entrance as permitted; and directed Staff to report to the Board by the end of the year on the status. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PLANNING 11-19-07<BR></STRONG>The Board considered the final approval of CUP-02-02-07, a Conditional Use Permit for a grass airstrip, located at 593 E 1250 Road, Baldwin City. The item was heard at the November 14, 2007 meeting where the Board took a preliminary vote for approval and directed staff to prepare conditions for the CUP. James Butell, property owner, asked that the item be pulled from the consent agenda so he can make a statement to the Board. Butell said he d&#160;s not like the condition of the 12-month review of the CUP and feels he is being penalized for the Federal Aviation Administration (FAA) not responding in a timely manner. </P> <P>McElhaney stated the Board is well aware of the time frame and should keep the&nbsp; 12- month review in place. Johnson stated he d&#160;s not want to penalize the property owner for the FAA not responding in a timely manner. However, if the FAA has not been provided the appropriate documentation or given the reasonable amount of time to make that decision, then he would hold the owner accountable. He agrees with McElhaney to leave the conditions the way they are.&nbsp; </P> <P>Jones moved to approve the CUP-02-02-07 as amended including the following conditions:</P> <P>1)&nbsp;Provision of a revised site plan to include the following notes:<BR>a.&nbsp;The CUP will be reviewed by the Board of County Commissioners (not administratively) in approximately 12 months (late Calendar Year 2008).<BR>b.&nbsp;The permit will be administratively reviewed by the County in 5 years (Calendar Year 2012) and if problems are found, reviewed by the Board of County Commissioners.<BR>c.&nbsp;The permit will expire at the end of 10 years (Calendar Year 2017), unless an application for renewal is approved by the Board of County Commissioners.<BR>2)&nbsp;Provision of a copy of the Federal Aviation Administration determination for the airstrip, resulting from any required FAA review, pursuant to FAA Regulation 14 CFR Part 157 or otherwise.&nbsp; The applicant shall apply for the FAA determination and, when received, immediately provide a copy to the Planning Department.<BR>a.&nbsp;If the FAA determination is other than “no objections” or similar determination, the CUP will be immediately suspended, without further action on the part of Douglas County.&nbsp; If a “conditional determination” or similar determination is made by the FAA, the CUP suspension will be administratively lifted after the applicant satisfies all FAA conditions.<BR>b.&nbsp;If the FAA determination is not provided to the Planning Department on or before February 15, 2008, the CUP will be immediately suspended by written notice to the applicant.&nbsp; The CUP suspension will be administratively lifted upon the earlier of the following occur: (i) the FAA determination letter stating “no objections” or similar determination is provided to the Planning Department, or (ii) if the FAA determination is a “conditional determination” or similar determination, when the applicant satisfies all FAA conditions.<BR>c.&nbsp;The applicant may not use of the airstrip for airplane flight purposes during any period that the CUP is suspended.</P> <P>3)&nbsp;Without prohibiting reviews from considering other matters, reviews of the CUP may include a review for compliance with the terms and conditions of the CUP and other applicable rules and regulations, together with a review of adverse affects the airstrip, and use of the aircraft used in connection with the airstrip, has on nearby property and individual landowners.&nbsp; Upon notice to the applicant and after a hearing, the Board of County Commissioners may revoke or suspend the CUP for cause, which cause may include a finding that the airstrip or its use fails to comply with the terms and conditions of the CUP or other applicable rules and regulations, or that use of the aircraft used in connection with airstrip is unreasonably injurious or detrimental to property and improvements in the neighborhood.</P> <P>The motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PURCHASING 11-19-07</STRONG><BR>The Board considered the waiving for the formal bidding process for the purchase of Pointmaker Video Markers as tabled from the November 12, 2007 meeting. Jackie Waggoner, Director of Purchasing, and Judge Robert Fairchild were present for the discussion. Waggoner stated they did look at the other courtrooms and estimated that the additional amount for electrical labor and materials required for each courtroom would run $3,500-$6,500 per courtroom. Division IV would run higher because of the need to replace carpet. </P> <P>Jones asked how the project would be funded over time and when the other courtrooms would be upgraded. Waggoner responded that it would be up to the courts to allocate funds in their budget. Judge Fairchild stated there is no plan other than adding improvements over time.&nbsp;&nbsp;&nbsp; </P> <P>Johnson questioned if Judge Fairchild has the authority to choose which courtroom receives upgrades. Judge Fairchild stated he has the authority. He is trying to do the two that need improvements the most. There are problems with the entire courtroom being able to view evidence. He would be glad to work out a plan to phase in the rest of the upgrades into their budget. The courts have accumulated money in CIP fund and feel this would be a good project to spend it on.</P> <P>Pam Madl, Assistant County Administrator, stated the courts have an extra $125,000 in their equipment reserve fund, which would be an addition to their regular budget. Jones stated if Fairchild is saying the courts can do this over time within the normal budget and not seek additional appropriation then he will agree. Judge Fairchild stated the Courts will never have enough money to do all of the courtrooms without asking for assistance. Jones stated once money has been placed in their budget it is theirs to spend as they feel is appropriate. But if the Courts come to the Board for additional budget, the requests will have to get in line with everything else. </P> <P>Jones moved to approve the expenditure from the Court’s Capital Improvement Fund for the technology improvements in the Douglas County District Courtrooms for Division I and the Pro Tem for a total not not-to-exceed amount of $57,821 for both divisions and with the condition that any additional technology improvements or any need that requires County money be considered as part of the regular budget process. Motion was seconded by McElhaney and carried unanimously. </P> <P><STRONG>PLANNING 11-19-07<BR></STRONG>The Board considered item SP-10-69-07, a site plan for the development of an 75’ X 200’ industrial shop building with a 25’ X 160’ accessory lean-to-structure, located at <BR>Maple Grove North No. 3, Lot 4, approximately 700’ north and 500’ east of the intersection of Highways 24/40/59. The application was submitted by Paul Werner Architects, agent for First Management Inc., property owner of record. Paul Patterson, Lawrence-Douglas County Metropolitan Planning Department, was present for the discussion. Staff recommends approval of the proposed site plan subject to the following conditions:</P> <P>1.&nbsp;Approval of a septic system construction permit from the Douglas County Health Department prior to release of the site plan for building permits. Any approved septic fields shall be shown on the site plan and may not encroach on driveway, parking, storage areas, or utility easements.<BR>2.&nbsp;Revise the site plan to show that the septic field’s lateral lines are a minimum of 25’ from the existing water main.<BR>3.&nbsp;Provision of the following general notes on the face of the site plan: <BR>&nbsp;&nbsp;&nbsp; a.&nbsp;“This property is required to obtain a floodplain development permit from the Douglas County Zoning &amp; Codes&nbsp;Department, prior to any alteration, encroachment or substantial improvement to the existing property per Douglas County Code Article 28.”<BR>&nbsp;&nbsp;&nbsp; b.&nbsp;“The proposed 6’ high chain link fence to be screened, at a minimum, with slats to the approval of the County Zoning &amp; Codes Administrator.”<BR>4.&nbsp;Revise the number of parking spaces provided – 8 regular parking spaces/10 total; to match the number shown graphically on the site plan – 9 regular parking spaces/10 total.</P> <P>This is the fourth project on Maple Grove cul-de-sac, which is a private street. The majority of the lots are in the 100-year flood plain. The septic field and the building itself are outside the flood plain. There is a flood plain development permit application submitted to the Zoning Department. The proper applications for the septic fill have been submitted to the Lawrence-Douglas County Health Department.&nbsp;&nbsp; </P> <P>McElhaney asked if five separate septic systems are adequate for the five lots. Linda Finger, Planning Resource Coordinator, stated at the time this project was platted, the septic issue was discussed. It was believed the type of business proposed would not generate enough waste to create a need for more septic tanks.</P> <P>Jones stated he received a concern from a Douglas County resident regarding increased truck turning traffic on Highways 59 and 24 and asked if anyone is tracking the increased traffic counts as industrial lots develop. Jones stated the problem may be more of the trucks turning in and out of the industrial site and where the trucks sit while waiting to turn. He asked that Keith Browning be made aware of the situation. There may need to be a turning lane added. </P> <P>Jones moved to approve site plan SP-10-69-07 with the above listed conditions. Motion was seconded by McElhaney and carried unanimously. </P> <P><BR><STRONG>EMERGENCY MANAGEMENT 11-19-07</STRONG><BR>Teri Smith, Director Emergency Management, asked the Board to consider approval of a pre-application for a grant opportunity for funding projects or items that would reduce or eliminate repetitive losses from natural losses. Due to the number of disasters this year, the State of Kansas is receiving $70 million in federal dollars for the Hazard Mitigation program. If approved, the grant could aid in, for example, flood plain acquisition/demolition or relocation including repetitive loss properties; safe rooms in schools and other public buildings, and protection of critical facilities. The County would be required to match 25% of the funding, if approved.</P> <P>It was the consensus of the Board for Smith to work on the pre-application process for the Hazard Mitigation Grant Program. </P> <P><STRONG>EMERGENCY COMMUNICATIONS 11-19-07</STRONG><BR>Teri Smith, Director of Emergency Management, discussed a walk-on item regarding ID badge system software and cross band communications equipment. Also present for the discussion were Jim Denney, Director of Emergency Communications; Ken McGovern, Douglas County Sheriff; and Pam Madl, Assistant County Administrator. The Northeast Kansas Regional Homeland Security Council has purchased ID badge software/hardware and cross band communications equipment to be given to Douglas County at no cost. The equipment was purchased through a Homeland Security Grant.&nbsp; The communication equipment is an upgrade to the Sheriff’s office existing system and will allow different radio systems to communicate with each other in the field. In order to us to receive the equipment, the Board has to accept ownership of the equipment. Smith stated the State is moving to a standardized ID system which will list all credentials of the employee. </P> <P>Jones asked for an explanation of the purpose of the radio equipment. Jim Denney, Director of Emergency Communications, stated the equipment is an upgrade to our present system which allows the emergency responders to integrate our communication efforts. The cost is virtually nothing and the maintenance will be incorporated into our existing maintenance contract. </P> <P>Jones moved to approve the acceptance of the Homeland Security Grant Equipment; McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>PUBLIC WORKS 11-19-07</STRONG><BR>The Board considered the approval of an Acquisition of Construction Easement for the replacement of Bridge No. 6.97N-1.00 E, Project No. 23C-4122-01 located at County Route 460/1023. Michael Kelly, County Surveyor, was present for discussion. The Public Works department has acquired all easements necessary to build the project. Kelly stated an independent appraiser was hired to ascertain an appropriate offer for the required easement. The property owners accepted the County’s offers of compensation for the easement and cost. Two items not included in the compensation for the property owners include the County agreeing to fill in an </P> <P>abandoned well and second, was the relocation of a historic rock fence, performed at the County’s expense.</P> <P>Jones moved to approve and execute the Contract for Highway Purposes including the Acquisition of Construction Easement for Project No. 23C-4122-01. Motion was seconded by Johnson and carried unanimously. </P> <P><STRONG>FAIRGROUNDS 11-19-07 <BR></STRONG>Pam Madl, Assistant County Administrator, presented the Board with the bids for the Dreher Building. The bid for the basement was significantly over budget due to required building adjustments. Proposed cost saving adjustments for the basement include: changing types of fixtures, deleting the foundation insulation, changing the joist size from 12” to 14”, and eliminating the electric operator on the overhead door.</P> <P>Costs are outlined below:</P> <P> <TABLE class=MsoTableGrid style="BORDER-RIGHT: medium none; BORDER-TOP: medium none; MARGIN: auto auto auto 5.4pt; BORDER-LEFT: medium none; BORDER-BOTTOM: medium none; BORDER-COLLAPSE: collapse; mso-border-alt: solid windowtext .5pt; mso-yfti-tbllook: 480; mso-padding-alt: 0in 5.4pt 0in 5.4pt; mso-border-insideh: .5pt solid windowtext; mso-border-insidev: .5pt solid windowtext" cellSpacing=0 cellPadding=0 border=1> <TBODY> <TR style="HEIGHT: 23.7pt; mso-yfti-irow: 0"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: windowtext 1pt solid; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 257.4pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 23.7pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt" vAlign=top width=343> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: 13.5pt 31.5pt"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">&#160;<o:p><FONT size=2>&nbsp;</FONT></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: windowtext 1pt solid; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 71.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 23.7pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=top width=95> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; tab-stops: 13.5pt 31.5pt" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>Building <o:p></o:p></FONT></SPAN></B></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; tab-stops: 13.5pt 31.5pt" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>Only<o:p></o:p></FONT></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: windowtext 1pt solid; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 72.25pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 23.7pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=top width=96> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; tab-stops: 13.5pt 31.5pt" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>Basement Only<o:p></o:p></FONT></SPAN></B></P></TD></TR> <TR style="HEIGHT: 11.85pt; mso-yfti-irow: 1"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 257.4pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 11.85pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=343> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: 13.5pt 31.5pt"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>Construction Cost<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 71.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 11.85pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=95> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; tab-stops: 13.5pt 31.5pt" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>$530,321<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 72.25pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 11.85pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=96> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; tab-stops: 13.5pt 31.5pt" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>$192,613<o:p></o:p></FONT></SPAN></P></TD></TR> <TR style="HEIGHT: 11.85pt; mso-yfti-irow: 2"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 257.4pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 11.85pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=343> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: 13.5pt 31.5pt"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>Soft Costs<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 71.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 11.85pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=95> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; tab-stops: 13.5pt 31.5pt" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>$57,047<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 72.25pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 11.85pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=96> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; tab-stops: 13.5pt 31.5pt" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>$0<o:p></o:p></FONT></SPAN></P></TD></TR> <TR style="HEIGHT: 11.85pt; mso-yfti-irow: 3"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 257.4pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 11.85pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=343> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: 13.5pt 31.5pt"><B style="mso-bidi-font-weight: normal"><I style="mso-bidi-font-style: normal"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>Total Project Costs<o:p></o:p></FONT></SPAN></I></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 71.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 11.85pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=95> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; tab-stops: 13.5pt 31.5pt" align=right><I style="mso-bidi-font-style: normal"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>$587,368<o:p></o:p></FONT></SPAN></I></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 72.25pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 11.85pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=96> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; tab-stops: 13.5pt 31.5pt" align=right><I style="mso-bidi-font-style: normal"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>$192,613<o:p></o:p></FONT></SPAN></I></P></TD></TR> <TR style="HEIGHT: 11.85pt; mso-yfti-irow: 4"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 257.4pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 11.85pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=343> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: 13.5pt 31.5pt"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>Proposed Cost Savings<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 71.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 11.85pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=95> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; tab-stops: 13.5pt 31.5pt" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>-$24,443<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 72.25pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 11.85pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=96> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; tab-stops: 13.5pt 31.5pt" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>-$8,787<o:p></o:p></FONT></SPAN></P></TD></TR> <TR style="HEIGHT: 11.85pt; mso-yfti-irow: 5"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 257.4pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 11.85pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=343> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: 13.5pt 31.5pt"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>Add Alternate 1: Additional Classroom on south end<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 71.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 11.85pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=95> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; tab-stops: 13.5pt 31.5pt" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>$102,079<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 72.25pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 11.85pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=96> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; tab-stops: 13.5pt 31.5pt" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>$0<o:p></o:p></FONT></SPAN></P></TD></TR> <TR style="HEIGHT: 11.85pt; mso-yfti-irow: 6"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 257.4pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 11.85pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=343> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: 13.5pt 31.5pt"><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>Final Costs (excluding contingencies)<o:p></o:p></FONT></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 71.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 11.85pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=95> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; tab-stops: 13.5pt 31.5pt" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>$665,004<o:p></o:p></FONT></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 72.25pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 11.85pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=96> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; tab-stops: 13.5pt 31.5pt" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>$183,826<o:p></o:p></FONT></SPAN></B></P></TD></TR> <TR style="HEIGHT: 12.65pt; mso-yfti-irow: 7; mso-yfti-lastrow: yes"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 257.4pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 12.65pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=343> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: 13.5pt 31.5pt"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>Original Budget<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 71.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 12.65pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=95> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; tab-stops: 13.5pt 31.5pt" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>$700,000<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 72.25pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 12.65pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=96> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; tab-stops: 13.5pt 31.5pt" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>$148,600<o:p></o:p></FONT></SPAN></P></TD></TR></TBODY></TABLE></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: 13.5pt 31.5pt"><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: Arial; mso-bidi-font-size: 10.0pt; mso-bidi-font-family: 'Times New Roman'"><o:p>&nbsp;</o:p></SPAN>It was the consensus of the Board that the basement space will be an asset for&nbsp;the County </P> <P>McElhaney moved to approve the additional funds the basement. Motion was seconded by Johnson and carried unanimously. </P> <P><STRONG>ACCOUNTS PAYABLE 11-19-07</STRONG><BR>Jones moved to approve accounts payable in the amount of $512,023.54 to be paid on 11/19/07. The motion was seconded by McElhaney and carried unanimously. </P> <P>Jones moved to adjourn the meeting; McElhaney seconded and the motion carried.&nbsp; </P> <P>&nbsp;</P> <P>____________________________&nbsp;&nbsp;&nbsp;&nbsp; ____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Vice Chair</P> <P>ATTEST:</P> <P>_____________________________&nbsp;&nbsp; ____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member<BR>&nbsp;&nbsp;&nbsp; </P>

<P><BR>Johnson called the meeting to order at 8:35 a.m. on Monday, November 26, 2007 with two members present. McElhaney was absent.</P> <P><STRONG>CONSENT AGENDA 11-26-07<BR></STRONG>Jones moved approval of the following Consent Agenda:</P> <P>&nbsp;&#9658;&nbsp;Commission Order Nos. 07-168 and 07-169 (on file with the office of&nbsp;&nbsp;&nbsp; the Clerk);<BR>&nbsp;<BR>The motion was seconded by Johnson and carried 2-0.</P> <P><STRONG>ZONING &amp; CODES 11-26-07<BR></STRONG>The Board discussed with members of the Rural Zoning Committee draft revisions to the Douglas County Zoning Regulations. Present for the discussion were Mary Miller, Lawrence-Douglas County Metropolitan Planning Department; Grant Eichhorn and Jeff Chaney, Rural Zoning Committee; and Linda Finger, Resource Planning Coordinator. The most significant revisions being proposed are:<BR>-&nbsp;Change of Zoning District Designations and consolidation of Commercial and Industrial Districts into 2 categories each.<BR>-&nbsp;Addition of an Agricultural Residential Overlay District. Property which is divided into parcels less than 20 acres will automatically be placed within this overlay district. Purpose is to allow zoning designation to accurately reflect land use.<BR>-&nbsp;New zoning district to permit institutional and public uses in the County. Many uses which were previously permitted in the Ag District would now be permitted in this new zoning district. <BR>-&nbsp;Revision to uses which are permitted by CUP to update uses.<BR>-&nbsp;Addition of independent review language to the County cell-tower standards.</P> <P>Jones asked if the proposed revisions represent any significant policy changes. Miller stated the major policy issue would be condensing the Commercial and Industrial into two districts. Staff is working on a draft for review. Jones stated the main purpose of the reformatting is to make the policies easier to read and understand. He asked who has been involved in reading the proposed revisions. Miller stated she has received comments from Planning Staff, but has not put the revisions out for external review yet. </P> <P>Jones asked the time frame for completing the draft. Eichhorn stated when Staff is finished with the draft, the County Commissioners and Keith Dabney will receive a copy for review, and then it will be passed to the Planning Commission. Jones stated he would like to see this completed by January 2009. Finger stated the current Zoning Regulations are out of sync with Horizon 2020. The reason for the reformat is to be compliant with Horizon 2020. Regarding the Type 3 Home Occupations, it was her understanding the intent was to find another type of industrial category that was somewhat limited so it didn’t require a lagoon system, but still allows the consolidation of businesses needing large land area, but little or no employee base. Jones stated if there is only one Type 3, he d&#160;sn’t feel it is necessary to spend the time creating another category. The Board had originally intended to create an industrial area for these types of business, but it seems like a lot of work for one user. Finger asked if the Board wants to continue to allow the existing Type 2 home occupations. Johnson stated he d&#160;s, he has not heard of any type of neighborhood complaint against any new or existing Type 1 or Type 2 Home Occupation business.</P> <P>Finger stated the home occupation regulations do not comply with policy because there is nothing in Horizon 2020 that is helpful to support the home occupations that were adopted. Jones stated things seem to have come to order. Finger asked if CUPs are the answer. According to Finger, some of the Type 1 and Type 2s are construction based, and just a smaller version of what the Type 3 was. They are still an industrial type of use. There is nothing in Horizon 2020 to support that. Jones stated he has not heard of a problem and d&#160;s not want to stir up one. Johnson stated we do not have a problem with a Type 2 relocating or starting up a business if they go through the process and get a permit, so there is no problem.&nbsp; </P> <P>It was the consensus of the Board to not make changes in the home occupation policy at this time and for Staff to proceed with the Zoning Regulation revisions. The Board thanked Staff for bringing to them the outstanding issue of how Type 3 regulations are written to expire.&nbsp; The consensus of the Board is not to change zoning or the comprehensive plan, but to address how to bring the Type 3 into a Type 2 category.&nbsp; </P> <P>Jones stated he would like to see a serious discussion of Condition Use Permits before the end of 2008 and also adopt a policy on developing new roads and the extension of existing roads. </P> <P><STRONG>MISCELLANEOUS 11-26-07</STRONG><BR>The Board discussed a request to hold the Iron Man Triathlon Event in Douglas County on June 15, 2008. Craig Weinaug, County Administrator, was present for the discussion. Keith Browning, Director of Public Works, and Doug Woods, Douglas County Sheriff’s Department, have reviewed the information and agreed the routes proposed are doable. It was the consensus of the Board that they agree to the event if it can be managed without a great inconvenience to the general public and affected neighbors.&nbsp; </P> <P>Jones directed the County Administrator to sign off on the event if approved by the Sheriff’s Department and Public Works and determined to cause a negative impact on the average citizen and with full cost of recovery from the applicant. Motion was seconded by Johnson and carried 2-0.</P> <P><STRONG>PERSONNEL &amp; COST OF LIVING ADJUSTMENT 11-26-07</STRONG><BR>The Board considered the approval of a cost of living adjustment for 2008. Pam Madl, Assistant County Administrator, was present for discussion. A review of the Department of Labor Statistic regarding the Consumer Index shows that the cost of living has risen 4% over the past year, excluding housing. She recommends allocation of the 3% Cost of Living raise budgeted for 2008.</P> <P>Johnson moved to approve the 3% Cost of Living increase as set out in the 2008 Budget. Motion was seconded by Jones and carried 2-0. </P> <P><STRONG>ACCOUNTS PAYABLE 11-26-07</STRONG><BR>Jones moved to approve accounts payable in the amount of $75,133.57 to be paid on 11/26/07; and a manual check in the amount of $750.00 paid on 11/20/07. The motion was seconded by Johnson and carried 2-0.&nbsp; </P> <P>Johnson moved to adjourn the meeting; Jones seconded and the motion carried.&nbsp; </P> <P>&nbsp;</P> <P><BR>____________________________&nbsp;&nbsp;&nbsp; ____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Vice Chair</P> <P>ATTEST:</P> <P>_____________________________&nbsp;&nbsp; ____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member</P>

<P>Johnson called the meeting to order at 8:39 a.m. on Monday, December 10, 2007 with all members present.</P> <P>Jones moved to approve the minutes of October 24, as amended, November 5, November 9, November 12, as amended, November 13, and November 28, 2007, as amended. The motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>CONSENT AGENDA 12-10-07</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <P>&#9658;&nbsp;Commissioners Order Nos. 07-174, 07-175, 07-176, 07-177 (on file with the office of the County Clerk);<BR>&#9658;&nbsp;Resolution No. 07-52 granting a cereal malt beverage license to Midland Farm Store;<BR>&#9658;&nbsp;Resolution No. 07-53 granting a cereal malt beverage license to Zarco, Inc;<BR>&#9658;&nbsp;Resolution No. 07-54 granting a cereal malt beverage license to Flamingo Enterprises of Lawrence;<BR>&#9658;&nbsp;Resolution No. 07-55 granting a cereal malt beverage license to Flamingo Enterprises/The Bird of Lawrence;<BR>&#9658;&nbsp;Resolution No. 07-56 granting a cereal malt beverage license to Cecil Monday’s Bar &amp; Grill;<BR>&#9658;&nbsp;Resolution No. 07-57 granting a cereal malt beverage license to Area Management Corp.;<BR>&#9658;&nbsp;Pull the item “Consider approval of the 2008 County employee holiday schedule” for discussion; and<BR>&#9658;&nbsp;Approve the agreement with the Kansas Department of Transportation for the treatment of noxious weeds on state rights-of-way in 2008. </P> <P>Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PERSONNEL 12-10-07</STRONG><BR>The Board discussed the recommended 2008 County employee holiday schedule.&nbsp; The recommended holidays are:</P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><FONT face=Arial><SPAN style="mso-tab-count: 1">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; </SPAN>New Year’s Day<SPAN style="mso-tab-count: 3">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; </SPAN>Tuesday, January 1</FONT></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><FONT face=Arial><SPAN style="mso-tab-count: 1">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; </SPAN>Martin Luther King’s Day<SPAN style="mso-tab-count: 2">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; </SPAN>Monday, January 21</FONT></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><FONT face=Arial><SPAN style="mso-tab-count: 1">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; </SPAN>Memorial Day<SPAN style="mso-tab-count: 3">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; </SPAN>Monday, May 26</FONT></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><FONT face=Arial><SPAN style="mso-tab-count: 1">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; </SPAN>Fourth of July<SPAN style="mso-tab-count: 3">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;</SPAN>Friday, July 4</FONT></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><FONT face=Arial><SPAN style="mso-tab-count: 1">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; </SPAN>Labor Day<SPAN style="mso-tab-count: 4">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; </SPAN>Monday, September 1</FONT></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><FONT face=Arial><SPAN style="mso-tab-count: 1">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; </SPAN>Thanksgiving<SPAN style="mso-tab-count: 1"> </SPAN><SPAN style="mso-tab-count: 3">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; </SPAN>Thursday-Friday, November 27-28</FONT></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><FONT face=Arial><SPAN style="mso-tab-count: 1">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; </SPAN>Christmas<SPAN style="mso-tab-count: 4">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; </SPAN>Thursday-Friday, December 25-26</FONT></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><FONT face=Arial><SPAN style="mso-tab-count: 1">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; </SPAN>One (1) Personal Discretionary Day</FONT></P> <P> <P>Craig Weinaug, County Administrator, explained that a survey was being conducted regarding the Christmas holiday. Employees were being asked whether they would prefer Wednesday and Thursday, December 24th and 25th, or Thursday and Friday, December 25th and 26th. Since the results were still pending, Weinaug requested that he be authorized to approve the holidays administratively once the results have been tallied. (The County Administrator subsequently confirmed that the Christmas holiday for 2008 would be December 25 and 26, Thursday, Friday, based on feedback received from the employees.)</P> <P>After discussion, Jones moved that the 2008 County holiday schedule be approved giving the County Administrator the discretion to change the Christmas holiday, if needed, once the survey results have been tallied. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 12-10-07</STRONG><BR>Judy Billings, representing Freedom’s Frontier National Heritage Area, appeared before the Board requesting that the County sponsor the Heritage Trust Consultant Contract. In October 2006, Congress approved Freedom’s Frontier National Heritage Area. A management plan is required to be completed by October 2009. The Board of Trustees of Freedom’s Frontier National Heritage Area has been working diligently to attract private resources for the purpose of funding this initial management plan and has raised approximately $150,000 in public and private funds. The total contract cost is $300,000. Douglas County is being asked to guarantee the remainder of the funds if the fundraising falls short. </P> <P>Johnson moved that Douglas County agree to lend a maximum of $150,000 to Freedom’s Frontier National Heritage Area on an as needed basis. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>EMERGENCY MANAGEMENT 12-10-07</STRONG><BR>Teri Smith, Director of Emergency Management, presented a Disaster Resolution for the Board’s consideration due to the impending ice storm predicted for Douglas County.&nbsp; </P> <P>Jones moved approval of the Disaster Resolution to be put into place if the impending storm materializes. McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>EMERGENCY MANAGEMENT &amp; GRANTS 12-10-07</STRONG> <BR>Teri Smith, Director of Emergency Management, requested authorization to apply for a 2008 Hazardous Materials Emergency Preparedness Planning Grant. She explained that the State of Kansas Emergency Management has announced a grant opportunity for funding to provide planning and training for hazardous materials emergencies. The HMEP are distributed to Local Emergency Planning Committees (LEPC’s).</P> <P>Grants may be used to support hazardous materials training, commodity flow assessments, enhancing emergency response plans, maintaining information systems, assessing response capabilities, technical staff planning, hazard analysis, and hazardous materials drills and exercises. Smith proposed that the grant be utilized for hazardous materials certification and training which would cost approximately $25,000. </P> <P>The grant requires a 20% “soft or hard” match. She plans to meet the match requirements through use of “soft” matches such as salaries, voluntary contributions, equipment and facilities usage. Any required matching amount not met through “soft” matches could be funded from the Emergency Management budget.</P> <P>Jones made a motion to authorize application for a 2008 Hazardous Materials Emergency Preparedness Planning Grant up to $25,000. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 12-10-07</STRONG><BR>Jones moved to approve accounts payable in the amounts of $139,294.94 paid on 12/03/07; $330,118.86 to be paid 12/10/07; and accounts payable manual checks in the amount of $320.83. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>APPOINTMENTS 12-10-07</STRONG><BR>Jones moved to reappoint Eric Struckhoff to the Lawrence-Douglas County Bicycle Advisory Committee. Motion was seconded by McElhaney and carried unanimously.</P> <P>Jones moved to adjourn the meeting; Johnson seconded and the motion carried unanimously.</P> <P>&nbsp;</P> <P><BR>____________________________&nbsp;&nbsp;&nbsp;&nbsp; ____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Vice Chair</P> <P>ATTEST:</P> <P>_____________________________&nbsp;&nbsp; ____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member</P></P>

<P>Johnson called the meeting to order at 8:35 a.m. on Monday, December 17, 2007 with all members present.&nbsp; </P> <P>Jones moved to approve the minutes of November 14, 2007 as amended. Motion was seconded by Johnson and carried unanimously.</P> <P>&nbsp;<STRONG>CONSENT AGENDA 12-17-07</STRONG><BR>Johnson moved approval of the following Consent Agenda:</P> <P>&nbsp;&#9658;&nbsp;Commission Order Nos. 07-178 and 07-179 (on file with the office of the Clerk); and<BR>&nbsp;&#9658;&nbsp;Renewal of annual maintenance contract with H.T.E. Inc for computer software relating to the Computer Assisted Dispatch (CAD) programs in the amount of $20,805.00; and<BR>&nbsp;&#9658;&nbsp;Renewal and payment for the annual Motorola service agreement in the amount of $33,582.00 for service related equipment in the dispatch facility and the transmitter related to the 800 MHz system.</P> <P>The motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PLANNING 12-17-07</STRONG><BR>The Board considered the approval of CUP-10-09-07, a Conditional Use Permit for the construction of an elevated water tower located at the Southeast corner of the intersection of Highway 40 and County Road 1023. The application was submitted by Rural Water District No. 3 for Leroy and Jeanne Boucher, property owners of record. Sandra Day, Lawrence-Douglas County Metropolitan Planning Department, was present for discussion. Staff recommends approval of CUP-10-09-07 for a water tower and forwarding it to the County Commission with a recommendation for approval based on the following findings of fact:</P> <P>Zoning and uses of properties nearby. The current zoning is A (Agricultural). The subject property is a portion of a larger parcel that includes an existing residence. The long term plan for the applicant is to own the property that encompasses the water tower enclosure and access.</P> <P>Character of the area.&nbsp; The property abuts Highway 40. The area is characterized by rural homes and agricultural fields and pasture areas. Access to the site is from E 200 Road, a designated major collector road.</P> <P>Suitability of subject property for the uses to which it ahs been restricted. The proposed request will not alter the base zoning district. Utility uses are allowed in the A (Agricultural) district subject to approval of a Conditional Use Permit and compliance with minimum standards.</P> <P>Length of time subject property has remained vacant as zoned. The subject property is developed with a residence to the southeast of the water tower site. This zoning has been in place since 1966. </P> <P>Extent to which removal of restrictions will detrimentally affect nearby property. Approval of this request for the construction of an elevated water tower will not remove any existing land use restrictions.</P> <P>Relative gain to the public health, safety and welfare by the destruction of the value of the petitioner’s property as compared to the hardship imposed upon the individual landowners. Approval of the request will facilitate the Rural Water District in providing improved service to customers.</P> <P>Conformance with the comprehensive plan. The ground will be enclosed with a security fence. The applicant’s engineer has indicated that the structure will be capable of supporting communication antenna in the future if the Rural Water District chooses to allow that activity. This will provide an additional opportunity for co-location of communication equipment in the future. The proposed use if consistent with extension and improvement of services for existing utility customers.</P> <P>AND subject to the following conditions:</P> <P>1.&nbsp;Provision of a revised site plan to include the following:<BR>a.&nbsp;Landscape plan that includes evergreen trees planted along the fence line, adjacent to the public roads, to screen the tower base and any future ground mounted equipment. Plantings should include evergreen trees planted a minimum of 50’ on center.<BR>b.&nbsp;Show Base Setback Line for measurement of minimum setback requirement of 40’ from center line of road per section 5-1.01.02 of the County Zoning Regulations.<BR>c.&nbsp;Move the location of the tower to the east to increase the setback from the front property line to the minimum required 100’ from base Setback Line established per section 5-1.01.02 of the County Zoning Regulations along N 200 Road. (Total minimum setback required is 115’ from current west property line).<BR>d.&nbsp;Dimension of the rear setback from east property line (minimum required setback is 30’).<BR>e.&nbsp;Note what the maximum tower height is on page two of the site plan.<BR>f.&nbsp;Provision of a note that states: “Future lighting proposed for the base of the tower will require approval by the County Zoning Administrator prior to installation.”</P> <P>Jones stated we usually give CUPs to utilities that own the property and he asked for more information on the intent of the utility company. Day stated the utility company was interested in purchasing the property. However, if they purchase the land, that parent parcel would be less then six acres and not have been subdivided appropriately within the subdivision regulations, jeopardizing any future building permits. </P> <P>Jones questioned how to resolve this issue. Day replied that Staff is looking at text amendments to the subdivision regulations to deal with this issue. </P> <P>Johnson asked if this would be a 10-year CUP. Day stated that no limit on the CUP is recommended. </P> <P>Linda Finger, Planning Resource Coordinator, explained that the new subdivision regulations provide an exemption for the acreage requirements for an improvement that is owned by a public utility. However, the definition for public utility d&#160;s not clearly include rural water district. If the Board rules the item d&#160;s fit as a utility, it would fall under the exemption, but it still would not solve the problem for the landowner. </P> <P>The Board tabled the item for Staff to verify that a public water source falls under the exemption rule in the subdivision regulations, and to place this item on the agenda for the Wednesday, December 19, 2007 meeting. </P> <P><STRONG>PUBLIC WORKS 12-17-07</STRONG><BR>The Board considered item MM-10-02-07 to rescind the Minimum Maintenance Road Designation for portions of E 1600 Road and N 117 Road in Wakarusa Township. The request comes from the Wakarusa Township Board to reinstate the full maintenance status to allow issuance of building permits and also make improvements to serve the Wakarusa Water Reclamation Facility. Davonna Morgan, Lawrence-Douglas County Metropolitan Planning Department, was present for discussion. </P> <P>It was the consensus of the Board to initiate the process to consider the request to rescind Minimum Maintenance road status for portions of E 1600 and N 1185 Roads in Wakarusa Township.</P> <P><STRONG>PUBLIC WORKS 12-17-07</STRONG><BR>The Board received a petition from Marc and Donna Whiting, to extend E700 Road along an alignment that has previously been vacated so they may obtain a building permit for a residence. Michael Kelly, County Surveyor, was present for discussion. The Whitings purchased their parcel not knowing of their lack of road frontage. However, they did have title insurance. Their title company’s research apparently failed to disclose the lack of road frontage. </P> <P>Gregory A. Lee, attorney hired by the title company to assist the Whitings, stated the Whitings purchased their 10-acre track in 2000 with the intention of building a house. Unfortunately they are now ready to build a house but found they do not have enough road frontage to get a building permit. Lee stated the Whitings approached the land owner to the south of the current track to see if he was interested in selling. At this time he is not interested. </P> <P>Marc Whiting, property owner, stated he is a builder and his intentions are to build a solar home on the property. He currently resides in Warrensburg, Missouri.<BR>&nbsp;<BR>Jones stated long dead-end roads create maintenance problems. There is a list of others who have acquired landlocked parcels who would also like to extend a road, but generally this is not good public policy. Jones stated if approved, the property owner would be responsible for acquiring all right-of-ways and bringing the road up to County standards. The Board discussed the use of eminent domain. It was the consensus of the Board they would not be willing to use eminent domain for this purpose.</P> <P>It was the consensus of the Board to table the item and for the Board to declare a six-month moratorium to come up with rules that are appropriate for these instances. The Board directed the Staff to prepare a moratorium for the extension or creation of roads and to place on the agenda for the Wednesday, December 19, 2007 meeting.</P> <P><STRONG>BUDGET 12-17-07</STRONG><BR>Jones moved approval of the 2007 amended budget with the following changes:</P> <P>Fund&nbsp;Increase in budget&nbsp;Major Reason<BR>Ambulance&nbsp;210,6991&nbsp;Increase in ambulance fees. Gives authority to transfer to ambulance equipment reserve.<BR>Emergency Call Phone&nbsp;37,000&nbsp;Increase in emergency cell phone tax. Gives authority to transfer to equipment spent.<BR>Grants&nbsp;160,200&nbsp;Required to amend budget by amount spent.<BR>Special Auto Fee&nbsp;72,834&nbsp;Increase in special report fees. Gives authority to transfer to equipment reserve.<BR>Special Law Enforcement Trust&nbsp;45,000&nbsp;Required to amend budget by amount spent.<BR>Youth Services&nbsp;148,052&nbsp;Increase in state reimbursements and fund balance. Gives authority to transfer to equipment reserve.</P> <P>The motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>APPOINTMENT 12-17-07</STRONG><BR>Jones moved to approve the appointment of John Pendleton to serve as County Auditor from January 7 through March 17, 2008 in the absence of Dean Nieder. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 12-17-07</STRONG><BR>Jones moved approval of accounts payable in the amount of $236,320.59 to be paid on 12/17/07; payroll in the amounts of $784,769.30 paid on 12/07/07 and $777,493.06 to be paid on 12/20/07; FICA in the amounts of $57,184.52 paid on 12/07/07 and $56,760.45 to be paid on 11/21/07; and KPERS in the amounts of $62,208.38 paid on 12/07/07 and $62,427.35 to be paid on 12/21/07. Motion was seconded by McElhaney and carried unanimously. </P> <P><BR>Jones moved to adjourn the meeting; McElhaney seconded and the motion carried.&nbsp; </P> <P>&nbsp;</P> <P>____________________________&nbsp;&nbsp;&nbsp;&nbsp; ____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Vice Chair</P> <P>ATTEST:</P> <P>_____________________________&nbsp;&nbsp; ____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member<BR>&nbsp;&nbsp;&nbsp; <BR></P>

<P>Johnson called the meeting to order at 6:35 p.m. on Wednesday, December 19, 2007 with all members present.&nbsp; </P> <P>&nbsp;<STRONG>CONSENT AGENDA 12-19-07</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <P>&nbsp;&#9658;&nbsp;Commission Order No. 07-181 (on file with the office of the Clerk);&nbsp; <BR>&nbsp;<BR>The motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PLANNING 12-19-07</STRONG><BR>The Board considered the approval of CUP-10-09-07, a Conditional Use Permit for the construction of an elevated water tower located at the Southeast corner of the intersection of Highway 40 and County Road 1023 as tabled from the Monday, December 17, 2007 meeting. The application was submitted by Rural Water District No. 3 for Leroy and Jeanne Boucher, property owners of record. Sandra Day, Lawrence-Douglas County Metropolitan Planning Department, was present for discussion.</P> <P>Linda Finger, Planning Resource Coordinator, stated she spoke with Evan Ice, County Counselor, who agreed with Staff that a water tower owned by a rural water district placed on leased land should be considered a public utility even though it is not clearly expressed in the regulations right now. Ice proposed the Board except the item as a long-term land lease. The wording in the regulations will be addressed with the other text amendments coming to the Board in January.&nbsp; </P> <P>Johnson moved to approve CUP-10-09-07 for a 10-year period, with a five-year review and subject to the following conditions:</P> <P>1.&nbsp;Provision of a revised site plan to include the following:<BR>a.&nbsp;Landscape plan that includes evergreen trees planted along the fence line, adjacent to the public roads, to screen the tower base and any future ground mounted equipment. Plantings should include evergreen trees planted a minimum of 50’ on center.<BR>b.&nbsp;Show Base Setback Line for measurement of minimum setback requirement of 40’ from center line of road per section 5-1.01.02 of the County Zoning Regulations.<BR>c.&nbsp;Move the location of the tower to the east to increase the setback from the front property line to the minimum required 100’ from base Setback Line established per section 5-1.01.02 of the County Zoning Regulations along N 200 Road. (Total minimum setback required is 115’ from current west property line).<BR>d.&nbsp;Dimension of the rear setback from east property line (minimum required setback is 30’).<BR>e.&nbsp;Note what the maximum tower height is on page two of the site plan.<BR>f.&nbsp;Provision of a note that states: “Future lighting proposed for the base of the tower will require approval by the County Zoning Administrator prior to installation.”</P> <P>The Commission added a seconded condition that places a time limit on the approval of this Conditional Use Permit (CUP) and requires the CUP to be reviewed in five (5) years. To extend the permit beyond 2017 will require re-application and re-approval. The County Commission expressed the clear intent that the permit time limit apply only so long as the tower is on leased property.&nbsp; Upon notification that the ownership of the property the tower is sited on has been transferred to the Rural Water District, the Commission will request the CUP be placed back on their agenda to remove the (second) condition which placed time limits on the Conditional Use Permit.&nbsp; The Commission also indicated that they would not be opposed to re-approval of the request at the end of the ten year time limit if there have been no other changes to the property or to the development regulations that would be contrary to such an action.&nbsp; Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PUBLIC WORKS &amp; MORATORIUM 12-19-07</STRONG><BR>The Board considered the approval of Home Rule Resolution No. HR-07-12-6, which would implement a moratorium for the extension or creation of roads. Linda Finger, Planning Resource Coordinator, explained the intent of the moratorium is to develop a policy outlining criteria for creating road extensions or new roads initiated by the property owner. However, the moratorium leaves open the right for the Board to initiate the action to extend or create roads as proposed by the County.</P> <P>Johnson questioned what impact the moratorium would have on the process of rescinding minimum maintenance roads. Keith Browning, Director of Public Works, stated the moratorium would not affect that process. Johnson clarified that the moratorium leaves open the ability of the County Commission to initiate a road project; for the County to improve existing public roads; to allow for the dedication of roads within platted subdivisions; or for the extension of road frontage by the property owner if property right-of-way exists. Finger stated there is also an exemption amendment under Section 2 that would enable the County Commission to make an exception. </P> <P>Jones stated some of the questions and/or items he would like Staff to consider while addressing the extension or new road criteria include: a straight or direct extension requirement to allow easy access for emergency vehicles; the amount of road improvement required for frontage, and if the property owner will be required to improve the road to the driveway entrance or the entire 250 feet of frontage; he would like to see an analysis on maintenance; opinions from emergency responders, townships, and the Planning Commission; school districts regarding bus routes; and regarding connectivity to other roads.</P> <P>Jones moved to adopt the HR-07-12-6 establishing a moratorium for the extension or creation of roads to a date no later than June 20, 2008. Motion was seconded by McElhaney and carried unanimously. </P> <P><STRONG>ACCOUNTS PAYABLE 12-19-07<BR></STRONG>Jones moved to approve accounts payable in the amount of $1,066,760.96 to be paid on 12/21/07. The motion was seconded by McElhaney and carried unanimously. </P> <P><STRONG>MISCELLANEOUS 12-19-07</STRONG><BR>Jones moved to give Craig Weinaug, County Administrator, the authority to sign on behalf of the Commissioners after consultation by telephone with any one of the Commissioners. Motion was seconded by McElhaney and carried unanimously.</P> <P>Jones moved to adjourn the meeting; McElhaney seconded and the motion carried.&nbsp; </P> <P>&nbsp;</P> <P><BR>____________________________&nbsp;&nbsp;&nbsp;&nbsp; ____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Vice Chair</P> <P>ATTEST:</P> <P>_____________________________&nbsp;&nbsp; ____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member</P>

<P>&nbsp;Johnson called the meeting to order at 8:35 a.m. on Monday, January 14, 2008 with all members present.&nbsp; </P> <P><STRONG><U>CONSENT AGENDA 01-14-08<BR></U></STRONG>Jones moved approval of the following Consent Agenda:</P> <P>&nbsp;&#9658;&nbsp;Commission Order Nos. 08-005 (on file with the office of the Clerk); <BR>&nbsp;&#9658; &nbsp;Emergency Vehicle permit for Randall D. Ates and Louis Disney;<BR>&nbsp;&#9658; &nbsp;Construction Engineering Force Account Agreement with the Kansas Department of Transportation (KDOT) for Public Works department personnel to perform construction inspection services for the Replacement of Bridge No. 06.97N-01.00E, Project No. 23 C-4122-01.(Under the contract, Public Works will perform construction inspection for the project and KDOT will reimburse the County for 80% of all inspection costs. The remaining 20% will be paid from the budget as regular salaries. The upper limit of compensation is $82,353.67 of which 80% would be reimbursed.); and<BR>&nbsp;&#9658; &nbsp;Joint Ordinance No. 8230 of the City of Lawrence, Kansas and Resolution No. 08-03 of the Board of County Commissioners of Douglas County, Kansas amending the “Subdivision Regulations for Lawrence and the Unincorporated areas of Douglas County, Kansas, December 19, 2006 Edition” by incorporating by reference the “Subdivision Regulations for Lawrence and the unincorporated areas of Douglas County, Kansas, December 4, 2007 Text Amendments” prepared by the Lawrence-Douglas County Metropolitan Planning Office and Repealing the existing sections.</P> <P>The motion was seconded by McELhaney and carried unanimously.</P> <P><U><STRONG>PLANNING &amp; APPEALS 01-14-08 <BR></STRONG></U>The Board considered an appeal of a certificate of Survey for Cluster Development CS-U-08-01-07 located along the south side of N 1100 Road, approximately one-quarter of a mile west of the intersection of N 1100 Road with E 1200 Road as tabled from the January 9, 2008 meeting.</P> <P>Scott McCullough, Director of the Lawrence-Douglas County Metropolitan&nbsp; Planning, Department, presented a discussion on the purpose of build-out plans, building envelopes, and the concepts to support the proper planning within the Urban Growth Area, which requires a higher level of detail to economically plan for infrastructure. Build-out plans require lots and blocks. The consequences for not following the build-out plan will inadvertently increase service costs to the area, the potential for disconnection of streets and non-uniform lot sizes. McCullough stated the plans should be meaningful, not just a template. A quick analysis would be to maintain the build-out plan at some level, and initiate a text amendment to allow for more flexibility on lot parcels. </P> <P>Jones stated he is not sure that the regulations won’t allow for more flexibility now. Text amendments take a long time to develop. The real issue is applying common sense to site-specific decision making. Jones stated he feels McCullough did exactly the right thing to deny the certificate of survey based on the requirements. He questions though if authority was given to assign placement of a building within the building envelope. The building envelopment would maximize the property value, but the decision would be up to the property owner. </P> <P>McCullough stated the code requires that the setbacks be respected in staff’s opinion. He stated what might serve the city/county residents better would be to stop planning at the street and block level. Jones suggested that the design be brought to lot level and street perimeter setbacks. If the property owners place their structures within the building envelopes, a text amendment would not be required. Johnson and McElhaney agreed. Jones suggested that staff work on the interpretation of the regulations and handle administratively. <BR>&nbsp;<BR>It was the consensus of the Board to return to the Planning Director to re-review&nbsp;&nbsp; the application for the Certificate of Survey and handle the issue administratively,&nbsp;if possible.</P> <P><STRONG><U>DOUGLAS COUNTY DEPARTMENT OF AGING 01-14-08</U></STRONG><BR>The Board considered a request from Linda O’Donnell, Lawrence-Douglas county-Advocacy Council on Aging, and Blanch Park, Kansas Department on Aging, to seek permission and support Lifelong Communities Initiatives to start a year-long, county-wide, collaborate assessment with all Douglas County agencies and to evaluate and review the community for the need for additional services to meet the growing number of seniors. </P> <P>Each participating community would be required to develop and implement a detailed action plan to address areas needing improvement found in the initial assessment. The project would be funded through 1) KDOA whose staff provides the assessment tool, data analysis and technical assistance; 2) LDC-ACA whose memorial gift will cover incidental costs and consulting with KU gerontology Center; and 3) resources from participating agencies whose staff will help conduct the study.<BR>&nbsp;<BR>Johnson stated he felt it might be better to have the local agencies come forward to support the effort rather than telling them they must support the initiative. He also stated concern that the organization may seek out problem areas and then come to the board for funding. Parks stated the organization would be willing to help find grants and funds. </P> <P>Judy Bellome, Visiting Nurses Association, stated she applauds the group’s efforts but supports the idea of sitting down with her group and discussing their proposals. </P> <P>Marsha Goff, Jayhawk Area Agency on Aging, also agreed with the Commission that all the organizations need to work together. JAAA is also looking at a needs analysis. </P> <P>After further discussion, it was the consensus of the Board that they support the concept of the program, but do not agree with signing a resolution. Lifelong Communities Initiative should seek a note of support by all local agencies and that the County Administrator will provide a list of all local organizations involved.&nbsp; </P> <P><STRONG><U>PUBLIC WORKS 01-14-08</U></STRONG><BR>The Board considered a request to solicit bids for the Southeast Lawrence Sanitary Sewer Benefit District Nos. 1, 2 &amp; 3. Keith Browning, Director of Public Works, and Aaron Gaspers, Peridian Group, Inc., were present for the discussion.&nbsp; Construction plans, contract documents and easement acquisition for the three benefit districts are substantially complete. The correction construction cost estimates for the three benefits districts are as follows:</P> <P><STRONG>Benefit District&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Approximate Estimated Construction Cost</STRONG><BR>No. 1&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; $&nbsp; 2,096,00<BR>No. 2&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;$&nbsp;&nbsp; 666,000<BR>No. 3&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; $&nbsp;&nbsp; 526,000</P> <P>Plans and contract documents include work in all the three benefit districts and will be bid as one project. It is planned to open bids the last week of January or early February 2008.</P> <P>Browning stated the County still needs to grant one easement to the City of Lawrence on property located in the East Hills Business Park for the sanitary sewer. The Administrator and legal counselor are working to ensure that the easement will not negatively impact future development of the property. The easement should be ready for approval next week.</P> <P>Jones asked if the remaining easement was a reason to hold up action today. Craig Weinaug, County Administrator, responded it is not.<BR>&nbsp;<BR>Jones moved to approval to solicit bids for the construction of sanitary sewer improvements to Southeast Lawrence Sanitary Sewer Main Benefit District No. 1, 2 &amp; 3, Douglas County project Nos. 2006-13, 2006-13A, 2006-14 and 2006-15, contingent upon approval of final plans by City of Lawrence Utilities Department and Douglas County Public Works and subject to acquisition of all necessary easements. Motion was seconded by McElhaney and carried unanimously. <BR>&nbsp;<BR><STRONG><U>PUBLIC WORKS 01-14-08</U></STRONG><BR>The Board considered the approval of easement acquisition contracts between Douglas County and the following two property owners: O’Connell Youth Ranch, Inc. and Ralph and Roger Kitsmiller, for the Southeast Lawrence Sanitary Sewer Main Benefit District No. 1, 2 &amp; 3. The cost of the easements will be assessed to the benefit districts. Keith Browning, Director of Public Works, and Aaron Gaspers, Peridian Group, Inc., were present for the discussion. </P> <P>Jones moved to approve easement acquisition contracts for the construction of improvements associated with the Southeast Lawrence Sanitary Sewer Main Benefit District Nos. 1, 2 &amp; 3; Douglas County project Nos. 2006-13, 2006-13A, 2006-14 and 2006-15. Motion was seconded by McElhaney and carried unanimously. </P> <P><STRONG><U>PUBLIC WORKS 01-14-08 <BR></U></STRONG>The Board considered the approval of a dust palliative program for 2008. Keith Browning, Director of Public Works, stated he anticipates the cost for magnesium chloride to increase approximately $.07 per gallon or 10.1%. For 2008, a target total applications rate of 0.45 gallon/S.Y. is desire for more effective dust control. Considering the anticipated material cost increase and a target total application rate of 0.45 gal/S.Y., it is recommended to increase the material fee from $0.70/l.f. to $0.85/l.f. He also recommends the continuation of an upfront application fee.</P> <P>McElhaney moved to approve the continuation brokerage of a dust palliative program with an up front user fee of $1.45/linear foot ($0.85 l.f/ for dust palliative material and an additional $0.60 l.f. user fee to cover road preparation costs), plus an administrative fee of $45.00 per applicant and give permission to advertise for bidders once the application process has been complete. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG><U>TREASURER 01-14-08</U></STRONG><BR>The consideration of a lease with the Baldwin State Bank for a part-time County Treasurer’s office in Baldwin City was deferred to the Wednesday, January 16,&nbsp;&nbsp; 2008 meeting. </P> <P><STRONG><U>COUNTY ENERGY AUDIT 01-14-08<BR></U></STRONG>Jenny Hesseltine, Administrative Intern, asked the Commission to consider her recommendation for a County facility energy audit. The idea stemmed from staff conferences on energy efficiency. The program will save County money on building efficiency and will not cost anything until the County approves a formal energy audit. </P> <P>The Kansas Corporation Commission has developed the Facilities Conservation Improvement Program (FCIP) as a way to provide a streamlined and tax-exempt process for public agencies to use energy saving performance contracting to create greater efficiency within their facilities. Within the program, public agencies contract with state-approved private Energy Service Companies (ESCOs) who identify and evaluate energy-saving opportunities and recommend packages for improvements that are paid for through savings. The ESCO guarantees that savings meet or exceed annual payments to cover all project costs. If savings do not materialize, the ESCO pays the difference, and the public agency is not responsible for those costs. </P> <P>The first step is the viability study for which there is no cost. The second step, if recommended, is the comprehensive energy audit with an estimated cost of $19,000, which would be rolled into the energy-saving projects. The buildings to be reviewed include the Courthouse, JLE Building, Youth Services, Public Works (excluding the sanctuary and the facility on 23rd Street), Extension Office, Fairgrounds Arena, Fairgrounds Storage Building, and the Jail.</P> <P>Pam Madl, Assistant County Administrator, suggested adding fairground Building 21 to the list. </P> <P>It was the consensus of the Board to continue with the viability study.</P> <P><STRONG><U>ACCOUNTS PAYABLE 01-14-08</U></STRONG><BR>Jones moved approval of accounts payable in the amounts of $329,585.73 for 2007 Funds to be paid on 01/14/08 and $73,576.56 for 2008 Funds to be paid on 0/14/08; and a wire transfer in the amount of $103,293.20 paid on 01/10/08. Motion was seconded by McElhaney and carried unanimously.&nbsp;&nbsp; </P> <P>Johnson moved to adjourn the meeting; Jones seconded and the motion carried.&nbsp; </P> <P>&nbsp;</P> <P>____________________________&nbsp;&nbsp;&nbsp;&nbsp; ____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Jere McElhaney, Vice Chair</P> <P>ATTEST:</P> <P>_____________________________&nbsp;&nbsp; ____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member<BR>&nbsp;&nbsp;&nbsp; </P>

<P>&nbsp; <BR>Johnson called the meeting to order at 6:35 p.m. on Wednesday, January 9, 2008 with all members present. The Pledge of Allegiance was recited.</P> <P><STRONG><U>CONSENT AGENDA 01-09-08</U></STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <P>&nbsp;&#9658;&nbsp;Commission Order Nos. 08-005 (on file with the office of the Clerk); and<BR>&nbsp;&#9658; &nbsp;Fee Reports November 2007 and corrected Reports for September and October 2007&nbsp; </P> <P>The motion was seconded by McElhaney and carried unanimously.</P> <P><U><STRONG>PLANNING 01-09-08<BR></STRONG></U>The Board heard an appeal of a Certificate of Survey for Cluster Development CS-U-08-01-07 located along the south side of N 1100 Road with proposed access located approximately one-quarter of a mile west of the intersection of N 1100 Road with E 1200 Road. The appeal was brought forward by J&#160; Rexwinkle, Lawrence-Douglas County Metropolitan Planning Department. Certificates of Survey in the UGA are required to have a build-out plan. The purpose of a build-out plan is to establish realistic future lot lines and building envelopes which ensure the appropriate locations for rural residential development so that upon annexation and subsequent urban development, the established rural residence is not in the path of future streets, lot lines or utilities. The 20.13 acre property is being divided to create one Residential Development Parcel with the remaining 14.67 acres dedicated as Future Development Area being ineligible for development</P> <P>Rexwinkle stated the Planning Director denied the property division request based upon the determination that it failed to meet the following requirements in regard to the submitted build-out plan: 1) The plan d&#160;s not show urban-sized blocks; 2) The plan d&#160;s not show future lot sizes consistent with the average residential lot size in the City of Lawrence; 3)The plan d&#160;s not show future lot sizes at a residential density that resembles the built and development density of the City of Lawrence; and 4) The future lot sizes shown are not consistent with the definition of “urban” in the subdivision regulations. </P> <P>Dean Grob, Grob Engineering Services representing the property owners, described what he designed as a build-out plan. It was based on a low-density configuration, which he feels is addressed in the Horizon 2020 document, stating low-density residential development has its place in urban development. </P> <P>John Craft, property owner, stated the planner came back with a sample build-out plan with an RS-7 zoning super imposed envelopes over the original drawing, which he feels is restrictive. He stated larger lots will allow more flexibility for future use. </P> <P>Jeanette Michael, property owner, stated she bought five acres to build a house by her friends. In the process of trying to get a building permit, she came upon the regulations regarding the UGA. She just wants to build a house and a barn and stated there are many large lots in the Lawrence city limits </P> <P>Jones asked Rexwinkle how this drawing could be brought into compliance. Rexwinkle stated he had presented the owners with an example drawing showing building envelopes. </P> <P>After further discussion, the Commissioners agreed that they would like to discuss this issue in depth with Scott McCullough, Lawrence-Douglas County Metropolitan Planning Director and directed staff to schedule the item on the Monday, January 14, 2008 agenda for this purpose. </P> <P><STRONG><U>FAIRGROUNDS &amp; CIP 01-09-08&nbsp;&nbsp; <BR></U></STRONG>Trudy Rice, Director of the Extension Office and Tara Flory, Douglas County Fairground Committee, made a presentation to the Board for a proposed CIP for an expansion of services offered at the fairground. Pam Madl, Assistant County Administrator, was also present for the discussion. After the Fairground CIP Committee identified the current and future needs of the facility, the following additions and expansions were considered:</P> <P>1)&nbsp;Concession Stand added to Building #21 including a commercial kitchen and an outdoor walk up concession.<BR>2)&nbsp;Lighting and Signage.<BR>3)&nbsp;Open Pavilion with an attached walkway to the Community Building.<BR>4)&nbsp;Campground with restrooms and showers.<BR>5)&nbsp;Outdoor Amphitheater in the SW corner of the fairgrounds.<BR>6)&nbsp;Meeting Hall built on the north side of the Extension office along Harper Street.<BR>7)&nbsp;Outdoor Event Arena Improvements <BR>8)&nbsp;Indoor Event Center located in the NE corner of the fairgrounds.</P> <P>The proposed improvements would be completed in three phases:<BR>Phase I: Lighting, Signage and Kitchen/Concession in Building #21<BR>Phase II Open Pavilion, Campground and Meeting Hall<BR>Phase III: Outdoor Amphitheater, Outdoor Arena and Indoor Event Center</P> <P>Jones asked for if there was a rough cost for the entire expansion project. Rice stated that will be the committee’s next step. Jones asked what the signage would look like. Madl stated a computerized type of signage was discussed that would allow advertising. Jones asked if there was money in the budget for Phase I. Madl stated there is presently $78,000 in the building fund from the old concession stand, but the entire Phase I would probably cost at least $200,000.</P> <P>Jones stated this is a big project and to do it all, the County would have to create a bond that would be paid off over time. Johnson asked Madl her opinion of what the&nbsp; <BR>County should do. Madl stated she would like the County to work on the kitchen, signage and lighting and stated she thinks there is enough flexibility in the current plan to do that in the next year. She personally believes the rest of the plan needs more study, and more specific numbers to work toward 2009. </P> <P>Johnson stated the Fairground is a community asset and the County has a duty and an obligation to make it better. Madl added another item that may come before the Board to consider is alcohol consumption approval at the fairgrounds for weddings and other events. </P> <P>The Board directed staff to prepare a CIP proposal to bring before the Board for Phase I of the project. <BR>&nbsp;<BR><STRONG><U>ACCOUNTS PAYABLE 01-09-08<BR></U></STRONG>Johnson moved to approve payroll in the amount of $719,369.77 paid on 12/14/07; KPERS in the amount of $59,110.30 paid on 12/21/07; FICA in the amount of $51,995.79 paid on 12/21/07; payroll for election workers in the amount of $1,175 paid on 12/13/07; and accounts payable manual check in the amount of $46,677.00 paid on 01/09/08. Motion was seconded by McElhaney and carried unanimously.<BR>&nbsp; <BR><STRONG><U>MISCELLANEOUS 01-09-08</U></STRONG><BR>Jones made a recommendation that staff bring to the Board an example of a draft or an ethics policy to consider for adoption that would pertain to elected officials, staff, and various board members. This policy can be used as a training technique for new employees and periodically updated for existing employees. McElhaney agreed it is a good idea, but d&#160;sn’t want to scare people away from volunteering for community service. He suggested putting the policy in place before end of his term. Johnson also agreed but stated he d&#160;s not want the Board to lose sight of what they are trying to accomplish. </P> <P>Jones moved to adjourn the meeting; McElhaney seconded and the motion carried.&nbsp; </P> <P>&nbsp;</P> <P>____________________________&nbsp;&nbsp;&nbsp;&nbsp; ____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Vice Chair</P> <P>ATTEST:</P> <P>_____________________________&nbsp;&nbsp; ____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member<BR>&nbsp;&nbsp;&nbsp; </P>

<P>Johnson called the meeting to order at 6:35 p.m. on Wednesday, January 30, 2008 with all members present.</P> <P><STRONG>CONSENT AGENDA 01-30-08</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <P>&nbsp;&#9658;&nbsp;Commission Order Nos. 08-009; 08-110 (on file with the office of the Clerk); and<BR>&nbsp;&#9658; &nbsp;Resolution 08-05 for a Cereal Malt Beverage License for Clinton Store located at 598 N 1190 Road; and<BR>&nbsp;&#9658; Fee reports for December 2007.</P> <P>The motion was seconded by McElhaney and carried 3-0.</P> <P><STRONG>RURAL WATER DISTRICT 01-30-08</STRONG><BR>Scott Schultz, District Administrator for Rural Water District No. 4, brought to the Board a petition for a 160-acre attachment of lands to RWD#4, in Douglas County.&nbsp;&nbsp; <BR>The land is in a proposed area that the water district was allowed to attach additional areas in the entire quarter section in 2004. This will be the end of the district for now.<BR>Jones asked for the classification of N300 Road. Schultz stated he believes it has been upgraded from a minimum maintenance road. Johnson asked if the land was already parceled out as shown on the map. Schultz stated it is and the County has already granted at least one building permit. </P> <P>Jones moved to approve the annexation for attachment of lands for Rural Water District No. 4, legal descriptions are as follows:&nbsp; </P> <P>The following parcels comprising the Northwest Quarter of Section 5, Township 15 South, Range 21 East of the 6th P.M.;</P> <P>(i) The South one-half of the Northwest Quarter of Section 5, Township 15 South, Range 21 East of the 6th P.M.; Also the following tracts of land in the fractional Northwest Quarter of Section 5, Township 15 South, Range 21 East of the 6th P.M.: (ii) Beginning at the Northwest corner of said fractional Northwest Quarter; thence on an assumed bearing of North 88&#176;21’09”East, along the North line of said fractional Northwest Quarter 342.00 feet; thence South 01&#176;15’18” East, along a line parallel with the West line of said fractional Northwest Quarter, 1274.76 feet to the South line of the North Half thereof; thence south 88&#176;21’56” West, along the South line of the North Half of said fractional Northwest Quarter, 342.00 feet to the Southwest corner thereof; thence North 01&#176;15’18” West, along the West line of said fractional Northwest Quarter, 1274.68 feet to the point of beginning; (iii) Commencing at the Northwest corner of said fractional Northwest Quarter; thence on an assumed bearing of North 88&#176;21’09” East, along the North line of said fractional Northwest Quarter 342.00 feet to the point of beginning; thence continue North 88&#176;21’09”&nbsp; East, along the North line of said fractional Northwest Quarter, 342.00 feet; thence South 01&#176;15’18” East, along a line parallel with the West line of said fractional Northwest Quarter, 1274.84 feet to the South line of the North Half thereof; thence south 88&#176;21’56” West, along the South line of the North Half of said fractional Northwest Quarter, 342.00 feet; thence North 01&#176;15’18” West, along a line parallel with the West line of said fractional Northwest Quarter, 1274.76 feet to the point of beginning; (vi) Commencing at the Northwest corner of said fractional Northwest Quarter; thence on an assumed bearing&nbsp;of North 88&#176;21’09” East, along the North line of said fractional Northwest Quarter 684.00 feet to the point of beginning; thence continue North 88&#176;21’90” East, along the North line of said fractional Northwest Quarter, 410.00 feet; thence south 01&#176;15’18” East, along a line parallel with the West line of said fractional Northwest Quarter, 1274.93 feet to the South line of the North Half thereof; thence South 88&#176;21’56” West, along the South line of the North Half of said fractional Northwest Quarter, 410.00 feet; thence North 01&#176;15’18” West, along a line parallel with the West line of said fractional Northwest Quarter, 1274.84 feet to the point of beginning: (v) Commencing at the Northwest corner of said fractional Northwest Quarter; thence on an assumed bearing of North 88&#176;21’09” East, along the North line of said fractional Northwest Quarter 1094.00 feet to the point of beginning; thence continue North 88&#176;21’09” East, along the North line of said fractional Northwest Quarter, 376.00 feet; thence South 01&#176;15’18” East, along a line parallel with the West line of said fractional Northwest Quarter, 1275.02 feet to the South line of the North Half thereof; thence South 88&#176;21’56” West, along the South line of the North Half of said fractional Northwest Quarter, 376.00 feet; thence North 01&#176;15’18” West, along a line parallel with the West line of said fractional Northwest Quarter, 1274.93 feet to the point of beginning: (vi) Commencing at the Northwest corner of said fractional Northwest Quarter; thence on an assumed bearing of North 88&#176;21’09” East, along the North line of said fractional Northwest Quarter, a distance of 1470.00 feet to the point of beginning; thence continue North 88&#176;21’09” East, along the North line of said fractional Northwest Quarter, a distance of 291.00 feet; thence South 01&#176;15’18” East, along a line parallel with the West line of said fractional Northwest Quarter, 1275.09 feet to the South line of the North Half thereof; thence South 88&#176;21’56” West, along the South line of the North Half of said fractional Northwest Quarter, 291.00 feet; thence North 01&#176;15’18” West, along a line parallel with the West line of said fractional Northwest Quarter, 1275.02 feet to the point of beginning; (vii) Commencing at the Northwest corner of said fractional Northwest Quarter; thence on an assumed bearing of North 88&#176;21’09” East, along the North line of said fractional Northwest Quarter, a distance&nbsp;&nbsp;&nbsp; of 1761.00 feet to the point of beginning; thence continue North 88&#176;21’09” East, along the North line of said fractional Northwest Quarter, a distance of 291.00 feet; thence South 01&#176;15’18” East, along a line parallel with the West line of said fractional Northwest Quarter, 1275.15 feet to the South line of the North Half&nbsp; thereof; thence South 88&#176;21’56” West, along the South line of the North Half of said fractional Northwest Quarter, 291.00 feet; thence North 01&#176;15’18” West, along a line parallel with the West line of said fractional Northwest Quarter, 1275.09 feet to the point of beginning; (viii) Commencing at the Northwest corner of said fractional Northwest Quarter; thence on an assumed bearing of North 88&#176;21’09” East, along the North line of said fractional Northwest Quarter 2052.00 feet to the point of beginning; thence continue North 88&#176;21’09” East, along the North line of said fractional Northwest Quarter, 290.90 feet; thence South 01&#176;15’18” East, along a line parallel with the West line of said fractional Northwest Quarter, 1275.22 feet to the South line of the North Half thereof; thence South 88&#176;21’56” West, along the South line of the North Half of said fractional Northwest Quarter, 290.90 feet; thence North 01&#176;15’18” West, along a line parallel with the West line of said fractional Northwest Quarter, 1275.15 feet to the point of beginning; (ix) Commencing at the Northwest corner of said fractional Northwest Quarter; thence on an assumed bearing of North 88&#176;21’09” East, along the North line of said fractional Northwest Quarter 2342.90 feet to the point of beginning; thence continue North 88&#176;21’09” East, along the North line of said fractional Northwest Quarter,&nbsp; 290.00 feet to the Northeast corner thereof; thence South 01&#176;32’26” East, along the East line of said fractional Northwest Quarter, 1275.26 feet to the Southeast corner of the North Half thereof; thence South 88&#176;21’56” West, along the South line of the North Half of said fractional Northwest Quarter, 296.35 feet; thence North 01&#176;15’18” West, along a line parallel with the West line of said fractional Northwest Quarter, 1275.22 feet to the point of beginning.</P> <P>Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PLANNING 01-30-08</STRONG><BR>The Board considered a request for variance to permit the expansion of a septic system in Service Area 1 of the Lawrence Urban Growth Area. The subject property is located at 1115 N 1700 Road, along the south side of Peterson Road, just east of Folks Road. The owner wishes to sell the property as a church, which would increase the occupancy and require the expansion of the on-site septic system. The Planning Staff recommends a denial of the requested variance. J&#160; Rexwinkle, Lawrence-Douglas County Metropolitan Planning Department, was present for the discussion. Current health regulations require that a property be at least five acres in area in order to have a septic system and an on-site well for potable water. The subject property is only 4.752 acres in size. </P> <P>Jones asked if the landowner wished to be annexed, would that be favorably received by the City, and is there infrastructure to support that. Rexwinkle responded that the property is in a different drainage basin and that it drains from the north and west. As a result, the cost to extend sanitary sewer services to the site would be significant. Jones stated when it is too expensive to extend sanitary sewer services, it becomes easier to put in septic systems. However, that then has to be torn out and replaced. It d&#160;sn’t bring land into city development in an orderly fashion. Rexwinkle replied that is correct. Jones stated Staff’s concern is to get people to work together to bring in development with a reasonable extension of infrastructure. </P> <P>Rexwinkle stated he has spoken to the utilities department and the landowner cannot connect to the south because of the topography on the site. </P> <P>Johnson stated the staff report states city services may be available soon. He asked what that means and how long has the property has been in Service Area 1. Rexwinkle stated the City defines Service Area 1 as property to be annexed and city services extended within a five-year period. However, he stated he d&#160;s not know when that was determined. He has been told the property to the east, when developed, would make the property able to be serviced with utilities. <BR>&nbsp;<BR>Richard Ziesenis, Director of Environmental Health, stated that the existing septic system, installed in 1970, is now obsolete. Someone from his office has viewed the property. There is room to put a whole new system in, but a well needs to be plugged. The approximate cost to make upgrades would be $10,000.&nbsp;&nbsp; </P> <P>Jones stated at times the Board has given landowners permission to do something provided they hook up to the infrastructure once that is available. He asked Rexwinkle if that option is available. Rexwinkle stated if the Board approves the variance, a site plan for the church would need to be submitted to use the parking lot. A condition of approval would be that they annex and hook up to utilities and services when available. Jones stated if the landowner needs are met with septic, they may feel there is no need to get on board. Uniformity is important to community to get infrastructure in place. <BR>&nbsp;<BR>Johnson opened for public comment.</P> <P>Craig Wright, resident, stated he is opposed to the variance. He stated concerns regarding changed use of property due to his property being down hill from site and also the size of the building for the number of people using the small area. Johnson asked if the City were to annex the property would he still have concerns. Wright stated “yes” he would still have some concerns because the location was not designed for the proposed type of use.<BR>&nbsp;<BR>Penny Tuckel, resident, stated she is opposed to the variance.&nbsp; </P> <P>Reverend Everett Ledbetter, Pastor for church, was not aware letters had been sent out to surrounding neighbors. He stated the Church has no problem annexing the site into City when utilities are available, even if they have to put in a septic system at this time.</P> <P>Stephen Durrell, owner of 4204 Springhill Drive, stated is opposed to the variance. His main concern is the septic system and what will happen to the natural water areas on the ground.</P> <P>Jones stated the purchaser needs a better understanding of the annexation costs and what the expectations are. He suggested tabling the item for more information. He questioned when utilities would be available for this site and the cost for hook up. Johnson and McElhaney agreed. Rexwinkle replied that without specific engineering plans, he can not get a good estimate. Weinaug asked for a ballpark figure.</P> <P>Jones moved to table the item for two weeks for the February 13, 2008 meeting. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 01-30-08</STRONG><BR>Johnson moved approval of an accounts payable wire transfer in the amount of $30,021.75 to be paid on 02/29/08. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>APPOINTMENT 01-30-08</STRONG><BR>Johnson moved to approve the appointment Kurt von Achen to the Redevelopment Authority as an ex officio (non-voting advisory) member. Motion was seconded by Jones and carried unanimously.</P> <P>Jones moved to adjourn the meeting; McElhaney seconded and the motion carried.&nbsp; </P> <P><BR>____________________________&nbsp;&nbsp;&nbsp;&nbsp; ____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Vice Chair</P> <P>ATTEST:</P> <P>_____________________________&nbsp;&nbsp; ____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Charles Jones, Member</P>

<P>&nbsp;</P> <P>Johnson called the meeting to order at 8:30 a.m. on Monday, February 4, 2008 with two members present. McElhaney was absent.</P> <P>Jones moved to approve the minutes of January 7, January 9 and January 14, 2008. The motion was seconded by Johnson and carried 2-0. </P> <P><STRONG>CONSENT AGENDA 02-04-08<BR></STRONG>Jones moved approval of the following Consent Agenda:</P> <P>&nbsp;&#9658;&nbsp;Commission Order 08-012 (on file in the Office of the Clerk);<BR>&nbsp;&#9658;&nbsp;Application for an Emergency Vehicle Permit for Duane D. Filkins; <BR>&nbsp;&#9658;&nbsp;Annual Noxious Weed Eradication Progress Report for 2007; <BR>&nbsp;&#9658;&nbsp;Contracts for right-of-way acquisitions for drainage structure 12.00N-20.35E Albert B. Wurtz and Larry Clifford Wurtz and Pamela S. Wurtz, property owners of record; <BR>&#9658;&nbsp; John Landon as Douglas County Weed Supervisor, replacing retiree Harold Starkebaum; and<BR>&nbsp;&#9658; &nbsp;Notice to Township Board in Clinton Township for an application for First Stop, LLC to sell Cereal Malt Beverages at retail for consumption off the premises at 1423 East 900 Road.</P> <P>The motion was seconded by Johnson and carried 2-0.</P> <P><STRONG>PUBLIC WORKS 02-04-08</STRONG><BR>The Board considered the approval of a contract for engineering services for Project No. 2007-16, the reconstruction of a portion of Route 1055 (6th Street) in Baldwin City. Keith Browning, Director of Public Works, was present for discussion. The contract is an hourly contract with a total not-to-exceed cost of $119,215.75. This cost d&#160;s not include the cost of a geotechnical study, which is need for pavement design. </P> <P>Jones moved approval of a contract with Bartlett &amp; West Engineers, Inc. for engineering design services at a not-to-exceed cost of $119,215.75 for Project No. 2007-16, the reconstruction of Route 1055 (6th Street) from Indiana Street to Orange Street in Baldwin City. Motion was seconded by Johnson and carried 2-0.&nbsp; </P> <P><STRONG>PUBLIC WORKS 02-04-08</STRONG><BR>The Board considered the approval of a Noxious Weed Management Plan for 2008. Keith Browning, Director of Public Works, and Mike Perkins, Operations Manager, were present for the discussion. This year’s plan includes only one change, adding PastureGard as an approved chemical for summer treatment of Sericea Lespedeza.</P> <P>Johnson moved to approve the Douglas County Noxious Weed Management Plan. Motion was seconded by Jones and carried 2-0. </P> <P><STRONG>MISCELLANEOUS 02-04-08</STRONG><BR>Johnson stated that he and Keith Browning, Director of Public Works, attended a meeting with KDOT on Friday, February 2, 2008. Also in attendance were representatives from Leavenworth, Miami and Cass Counties. Johnson stated KDOT would like to do a regional transportation study. No action was taken at the meeting, there was only a discussion about what is important in each county. </P> <P>Jones commented to Browning that he would like to have a briefing session on the intermodal facility proposed in Gardner.</P> <P><STRONG>ACCOUNTS PAYABLE 02-04-08</STRONG><BR>Jones moved approval of payroll in the amounts of $773,816.08 paid on 01/18/08 and $761,816.71 paid on 01/31/08; KPERS in the amounts of $9,592.03 paid on 0/18/08, $57,863.51 paid on 01/18/08; and $67,102.26 paid on 02/01/08; IFCA in the amounts of $6,230.87 paid on 01/18/08; $50,918.91 paid on 01/18/08 and $56,249.66 paid on 02/01/2008; an accounts payable manual check in the amount of $2,800.00 paid on 02/01/08 and accounts payable in the amounts of $29,751.13 for 2007 and $67,897.81 for 2008 Funds both paid on 02/04/08. Motion was seconded by Johnson and carried unanimously. </P> <P>Johnson moved to adjourn the meeting; Jones seconded and the motion carried.&nbsp; </P> <P>&nbsp;</P> <P>____________________________&nbsp; ____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;&nbsp;&nbsp; <BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;<BR>&nbsp;&nbsp;&nbsp; </P>

<P>Johnson called the meeting to order at 6:35 p.m. on Wednesday, February 13, 2008 with two members present. Jones was absent.</P> <P><STRONG>CONSENT AGENDA 02-13-08</STRONG><BR>McElhaney moved approval of the following Consent Agenda:</P> <P>&nbsp;&#9658;&nbsp;Commission Order Nos. 08-015 and 08-016 (on file with the office of the Clerk); and<BR>&nbsp;&#9658; &nbsp;Resolution 08-08 for a Cereal Malt Beverage License for First Stop, LLC, located at 1423 E 900 Road.<BR>&nbsp;<BR>The motion was seconded by Johnson and carried 2-0.</P> <P><STRONG>PLANNING 02-13-08</STRONG><BR>The Board considered a request for variance to permit the expansion of a septic system in Service Area 1 of the Lawrence Urban Growth Area, tabled from the January 30, 2008 meeting. The subject property is located at 1115 N 1700 Road. The owner wishes to sell the property as a church, which would require the expansion of the on-site septic system. Planning Staff recommends denial of the requested variance. J&#160; Rexwinkle, Lawrence-Douglas County Metropolitan Planning Department, was present for the discussion.&nbsp; </P> <P>As requested at the January 30, 2008 meeting, Rexwinkle estimated the cost of installing a sanitary sewer system as follows:&nbsp; The City utilities Department estimates the construction of a sanitary sewer to serve the properties in this drainage basin to cost a minimum of $800,000. If this cost is shared by all properties located in the 62 acres within Service Area 1, and at a density of 3 to 6 units per acre, the cost per dwelling unit would range from $3,200 to $6,500 and up. If the existing 12 properties (9 in Services Area 1 and four in Service Area 2) were to share the costs and pay to extend the sanitary sewer, the costs would be approximately $66,000 per parcel. This d&#160;s not account for other necessary infrastructure costs. Other concerns he mentioned included an increase in traffic and a site plan requirement. The church has indicated they propose to expand to up to 250 members. The Health Department indicated that the proposed septic system would not accommodate a more intense use than what is currently proposed. </P> <P>Richard Ziesenis, Director of Environmental Health, stated the 2,500 sq. ft. septic system proposed should have a capacity of 8,000 -10,000 gallons per month. If they were to put in a 3,600 sq. ft. system, which would still fit on the property, they could get up to 12,000 gallons per month. Anything beyond that would require a lagoon. Johnson asked if there is a way to calculate use per number of members now. Ziesenis stated based on information given now, he estimates 3,000-4,000 gallons used per month. </P> <P>Revered Everett Ledbetter, Blessed Hill Baptist Church, stated he wishes he had been given the opportunity to communicate with neighbors before this came forth. He stated he hopes in time the neighborhood will see the church as an asset to the community. Ledbetter said there is no plan to tear down the existing building. The church plans to use it for educational space and to build a new sanctuary.&nbsp; </P> <P>Johnson asked if Ledbetter understands the numbers with respect to the cost of a sewer and the issue of waiving the right to connect to the sewer if the option develops. Ledbetter replied he feels the amount is doable. <BR>&nbsp;<BR>Johnson opened the item for public comment.&nbsp; </P> <P>Penny Tuckel, resident, stated she is opposed to the variance and d&#160;s not understand the estimated cost to the church for sewer hookup. </P> <P>Craig Wright, property owner to the West, stated he is opposed to the variance. He stated concerns about the placement of the septic system and traffic on Peterson Road.</P> <P>Stephen Durrell, owner of 4204 Springhill Drive, stated his biggest concern is whether a septic system can handle the number of parishioners expected. He asked that a condition be placed on the variance that prohibits a lagoon system.&nbsp;&nbsp; </P> <P>Reverent Ledbetter added under no circumstances would the church consider putting in a lagoon. </P> <P>Johnson moved to closed the public comment; McElhaney seconded and the motion carried 2-0. </P> <P>McCullough summarized the standing of Service Area 1 as an area adjacent to the City that has the potential for great demands on development. Benefit districts are either provided or constructed and then infrastructure is built on the cost of the development community. Any parcel in this area should have the consideration for roads, storm water, for site planning and becoming part of the Lawrence urban fabric.&nbsp; McCullough then reviewed the conditions and limitations to be added to the request for variance as discussed by the Board of Commissioners.<BR>&nbsp;<BR>Johnson moved to direct Staff to revise the request for variance with conditions and limitations and place on the Regular Agenda for the Monday, February 28, 2008 meeting. Motion was seconded by McElhaney and carried 2-0. <BR>&nbsp;<BR><STRONG>MISCELLANEOUS 02-13-08<BR></STRONG>Johnson stated he feels the Board should begin the process of communicating with Planning Staff to review zoning in the County and come up with some kind of industrial zoning classification to accommodate very, very light industrial or warehousing on some restricted basis in the unincorporated area of the County. <BR>&nbsp;<BR>McElhaney moved to adjourn the meeting; Johnson seconded and the motion carried.&nbsp; </P> <P>&nbsp;</P> <P>____________________________&nbsp;&nbsp;&nbsp; ____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Jere McElhaney, Vice Chair</P> <P>ATTEST:</P> <P>_____________________________&nbsp;&nbsp; <BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;<BR></P>

<P><BR>Johnson called the meeting to order at 8:30 a.m. on Monday, February 18, 2008 with all members present.&nbsp; </P> <P>Jones moved to approve the minutes for January 16, January 28 and February 11, 2008.&nbsp; Motion was seconded by McElhaney and carried unanimously. </P> <P><STRONG>CONSENT AGENDA 02-18-08</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <P>&nbsp;&#9658;&nbsp;Commission Order No. 08-017, 08-018 and 08-019 (on file with the office of the Clerk); <BR>&nbsp;&#9658;&nbsp; Extend a requirement to obtain FAA approval for a CUP for an airstrip for Mr. James Butell for 90 days; and<BR>&nbsp;&#9658; &nbsp;Public Works Department to solicit bids for supply of asphaltic concrete mix for the 2008 maintenance season.<BR>&nbsp;<BR>The motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PLANNING &amp; VARIANCE 02-18-08</STRONG><BR>The Board considered a request for a variance from the subdivision regulations to permit the expansion or replacement of an on-site sewage system for a property located at 1115 N 1700 Road. Item was tabled from the February 13, 2008 to review limitations and conditions as discussed in that meeting.</P> <P>Johnson opened the item for public comment. There was no public comment.</P> <P>McElhaney moved to approve the request for variance under Section 20-8011(d)(1) of the Subdivision Regulations to permit the expansion of a septic system in Service Area 1 of Lawrence’s Urban Growth Area for property located at 1115 N 1700 Road and with the following list of conditions:</P> <P>1)&nbsp;Increasing the intensity of the use of the property shall require the installation of a new onsite wastewater system.<BR>2)&nbsp;The onsite wastewater system shall be restricted to lateral field design only.&nbsp; A lagoon shall be prohibited.<BR>3)&nbsp;The onsite wastewater system shall be designed in accordance with Douglas County Health Department regulations.<BR>4)&nbsp;The property shall receive site plan approval from the Board of County Commissioners prior to initiating the proposed use.<BR>5)&nbsp;Subject to site plan review, the proposed use shall be limited to a maximum building occupancy as determined by the capacity of the approved onsite wastewater system.<BR>6)&nbsp;Prior to approval of a site plan application, the property owner shall execute an Agreement Not to Protest Annexation in to the City of Lawrence, which will include rezoning and platting the subject property as well as any other code requirement then in effect.&nbsp; Annexation shall be required when the City of Lawrence determines that the property will benefit from any sewer, water, or road improvements and is needed to support a benefit district for their construction.<BR>7)&nbsp;Prior to approval of a site plan application, the property owner shall execute an Agreement Not to Protest the Formation of a Benefit District to pay the costs of extension of sanitary sewer and water service to the site upon annexation.<BR>8)&nbsp;Prior to approval of a site plan application, the property owner shall execute an Agreement Not to Protest the Formation of a Benefit District to pay the costs to improve Peterson Road to the standards of the City of Lawrence and to construct sidewalks and install street trees upon annexation.` </P> <P>&nbsp;Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>MISCELLANEOUS AND CELLULAR TOWER 02-18-08</STRONG><BR>Evan Ice, County Counselor, presented to the Board for approval and adoption an Application of Verizon Wireless for Conditional Use Permit for Wireless Telecommunications Facility CUP-03-05-07 Findings and Conclusions. The document provides a separate written decision setting forth the reasons for denying CUP-03-05-07, Verizon Wireless application for Conditional Use Permit for a Wireless Telecommunication Facility.</P> <P>Johnson moved to approve the Application of Verizon Wireless for Conditional Use Permit for Wireless Telecommunications Facility CUP-03-05-07 Findings and Conclusions. Motion was seconded by Jones and carried unanimously. (Document is on file with the February 18, 2008 minutes.) </P> <P><STRONG>PUBLIC WORKS 02-18-08&nbsp; <BR></STRONG>Keith Browning, Direct of Public Works, presented a request for approval to solicit bids for repainting the steel superstructure deck replacement for the Kansas River Bridge at Lecompton. Douglas County and Jefferson County have a cooperation agreement for shared costs for this project according to the total assessed valuation of each county as of November 2007. <BR>&nbsp;<BR>Johnson moved approval to solicit bids for painting steel superstructure for the Kansas River Bridge at Lecompton for DGCO Project No. 2007-14. Motion was seconded by McElhaney and carried unanimously. <BR>&nbsp;<BR><STRONG>REGISTER OF DEED 02-18-08</STRONG><BR>Kay Pesnell, Douglas County Register of Deeds, presented to the Board a report of activity for the Register of Deeds Technology Fund for 2007 as follows:</P> <P>Ending Balance for 2006= $135,198.53<BR>Total Collected for 2007= $165,116.00<BR>Expenditures incurred by Register of Deeds Office in 2007 = $56,577.56<BR>Approximate funds available=$243,736.97</P> <P>Pesnell requested the Board approve a transfer of $150,000.00, per Statute No.&nbsp;&nbsp; 28-115a, to the Reserve Technology Fund to be used by other Douglas County departments. </P> <P>Johnson moved to approve the transfer of $150,000 from the Register of Deeds Technology Fund to the Reserve Technology Fund. Motion was seconded by Jones and carried unanimously. </P> <P><STRONG>ACCOUNTS PAYABLE 02-18-08</STRONG><BR>Jones moved approval of accounts payable in the amount of $460,154.67 for 2007 to be paid on 02/18/08; and $268,667.77 for 2008 to be paid on 02/18/09. Motion was seconded by McElhaney and carried unanimously. </P> <P>Jones moved to adjourn the meeting; McElhaney seconded and the motion carried.&nbsp; </P> <P>&nbsp;</P> <P>____________________________&nbsp;&nbsp;&nbsp; &nbsp;____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Vice Chair</P> <P>ATTEST:</P> <P>_____________________________&nbsp;&nbsp;&nbsp; ____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member</P>

<P><BR>Johnson called the meeting to order at 8:30 a.m. on Monday, February 25, 2008 with all members present.&nbsp; </P> <P><STRONG>CONSENT AGENDA 02-25-08</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <P>&nbsp;&#9658;&nbsp;Commission Order No. 08-020 (on file with the office of the Clerk);<BR>&nbsp;&#9658;&nbsp; Award bids for various signs, posts and miscellaneous materials as recommended by the Director of Public Works. Awards are as follows:</P> <P>Rocal&nbsp;$14,518.32<BR>Vulcan Signs&nbsp;$724.50<BR>Custom Products Corp.&nbsp;$123.90<BR>Osburn&nbsp;$2,100.00<BR>J &amp; A Traffic&nbsp;$600.00<BR>Hall Signs&nbsp;$321.90<BR>National Sign&nbsp;$2,816.00<BR>The Work Zone&nbsp;$1,500.00<BR>Bid Total&nbsp;$22,704.62</P> <P>&nbsp;&#9658;&nbsp; Application for an authorized emergency vehicle permit for Spence Ed. Martin; and<BR>&nbsp;&#9658;&nbsp; Fee Receipts for January 2008.<BR>&nbsp; <BR>The motion was seconded by Johnson and carried unanimously. </P> <P>The following item was pulled from the Consent Agenda </P> <P><STRONG>PURCHASING 02-25-08</STRONG>&nbsp;&nbsp; <BR>The Board considered the approval of a contract for a Multi-Jurisdictional All Hazard Mitigation Plan containing policy and strategies of Douglas County that will mitigate, or reduce the impact of emergencies and/or disasters. This plan is a requirement to maintain the County’s eligibility for mitigation project grant funding. Jackie Waggoner, Director of Purchasing, stated proposals have been solicited. Two proposals were submitted: Emergency &amp; Facilities Management - $35,250; and Amec Earth &amp; Environmental $50,000 (negotiated to $35,000).</P> <P>Jones questioned if both companies received equal discussion. Waggoner replied that both companies were interviewed.</P> <P>Jones moved approval to accept the negotiated proposal from Amec Earth &amp; Environmental in the amount of $35,000 for the development of a Multi-Jurisdictional Hazard Mitigation Plan. The negotiated cost of $35,000 is based on a clearly defined scope of work. In the event the scope of work changes, the Board authorizes change orders up to the grant total of $50,000 with administrative approval. Motion was seconded by McElhaney and carried unanimously. </P> <P><STRONG>K-10 SMART CORRIDOR 02-25-08<BR></STRONG>Rich Caplan, Executive Director of the K-10 Corridor Association, and Kathleen Huttman, President of the K-10 Corridor Association, made a presentation to the Board updating them on the community growth and impact of the SMART Corridor located on K-10 east of Lawrence. No action was taken.</P> <P><STRONG>PERSONNEL 02-25-08</STRONG><BR>The Board considered the approval of an amendment to the Personnel Policy by adding Section 9.4 giving the department head the authority to request that a record of disciplinary action be removed from an employee’s file at least two years from the date of action. Such request must be made to the Assistant County Administrator. </P> <P>Pam Madl, Assistant County Administrator, stated removing record of a disciplinary action would be an incentive for employees to address the issues in question and improve. Jones asked if the County Counselor reviewed the proposal. Madl confirmed an attorney has reviewed the amendment. </P> <P>It was the consensus of the Board to add more detail to the amendment defining the process and put on the Consent Agenda for approval.&nbsp;&nbsp; </P> <P><STRONG>PERSONNEL 02-25-08</STRONG><BR>Pam Madl, Assistant County Administrator, brought to the Board a request for approval for corrections to the 2005 and 2006 Audit Management letter. All corrections have been made. The document is simply to update the Board on the issues addressed. </P> <P>It was the consensus of the Board to accept the Audit Management Letter Operational Recommendations. </P> <P><STRONG>PERSONNEL 02-25-08</STRONG><BR>The Board considered the approval to implement County policies for Debt Management, Minimum Fund Balance and Fraud Prevention as recommended by the County auditors. Pam Madl, Assistant County Administrator, worked with the County Counselor on developing the policies. </P> <P>After discussing the content of the policies, it was the consensus of the Board to table the two of the policies so the Assistant County Administrator can rewrite the Debt Management Policy and the Minimum Fund Balance to reflect justification for the percentages used in the policies. </P> <P>Johnson moved to approve the Douglas County, Kansas, Policy on Prevention of Fraud. Motion was seconded by Jones and carried unanimously. </P> <P><STRONG>ACCOUNTS PAYABLE 02-25-08</STRONG><BR>Jones moved approval of accounts payable in the amount of $77,623.29 for 2007 to be paid on 02/25/08; and $180,024.47 for 2008 to be paid on 02/25/09. Motion was seconded by Johnson and carried unanimously. </P> <P><STRONG>MISCELLANEOUS 02-25-08</STRONG><BR>McElhaney stated that the Human Society is in need of a vehicle. They presently have two vehicles, one is not reliable and the other is in need of repair. He asked for the Pam Madl, Assistant County Administrator, to review the County policies and see if there is a used vehicle the might be available for the Humane Society’s use. </P> <P><STRONG>MISCELLANEOUS 02-25-08</STRONG><BR>Jones stated he wanted to comment and follow-up on the personnel pay discussion from the Monday, February 18, 2008 meeting on budget issues. He feels the issue of a personnel pay study should be done, but not in the context of the budget.&nbsp; </P> <P>Jones moved to adjourn the meeting; Johnson seconded and the motion carried.&nbsp; </P> <P>&nbsp;</P> <P>____________________________&nbsp;&nbsp;&nbsp;&nbsp; ____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Vice Chair</P> <P>ATTEST:</P> <P>_____________________________&nbsp;&nbsp; ____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member</P>

<P><BR>Johnson called the meeting to order at 6:37 p.m. on Wednesday, February 27, 2008 with two members present. McElhaney arrived at a later time.</P> <P><STRONG>CONSENT AGENDA 02-27-08</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <P>&#9658; Commission Order Nos. 08-022 and 08-023 (on file with the office of the Clerk); and</P> <P>Motion was seconded by Johnson and carried 2-0.</P> <P><STRONG>RESOLUTIONS/12th &amp; OREAD REDEVELOPMENT 02-27-08</STRONG><BR>The Board considered the approval of Resolution 08-09 pledging the County’s portion of the County sales tax revenues to the payment of certain redevelopment project costs within the 12th &amp; Oread Redevelopment District created by the City of Lawrence. Cynthia B&#160;cker, Assistant City Manager, was present for discussion.</P> <P>All incremental ad valorem property taxes generated within the redevelopment district, including those incremental ad valorem property taxes attributable to the County’s mill levy, are captured and pledged to repayment of TIF-eligible costs incurred within the redevelopment district. In addition to the incremental ad valorem property taxes, the developer/City has requested that the County pledge its share of the one-cent countywide sales tax.</P> <P>Jones stated that the TIF constitutes about $11 million dollars over 20 years. He asked if at the end of that period if everything will go on the tax rolls. B&#160;cker confirmed it will. <BR>There is no liability to the taxpayers. If the sales tax fails to generate what the developer has proposed, all the responsibility falls to the developer. B&#160;cker confirmed that statement is correct. There are $11 million in identified, reimbursable costs, plus interest. The transportation development district, which is being established in addition to the increment, is identified to refund the developer those development costs. </P> <P>Jones asked if the parking structure will belong to the developer. B&#160;cker stated that is correct, but the street improvements will be public access and that us is $5 million. The $6 million expense for the private parking garage is considered a TIF eligible expenditure per state statute. </P> <P>Johnson stated there are two things happening; one, the Tax Increment Financing, which is done by the City, and the Board has the option to not agree, the Board remains silent and it passes, or the Board voices support and it passes. B&#160;cker stated that is correct. There is a 30-day comment period. Johnson then stated that the second item has to do with the sales tax which will be generated by the resolution. </P> <P>Johnson opened the item for public comment. No comments were heard. <BR><BR>Jones moved to support the Tax Increment Financing (TIF) for the 12th &amp; Oread Redevelopment Project. Motion was seconded by Johnson and carried 2-0.</P> <P>Jones moved to approve Resolution 08-09, of the Board of County Commissioners of Douglas County, Kansas, pledging the County’s portion of the County sales tax revenues to the payment of certain redevelopment project costs within the 12th &amp; Oread Redevelopment District created by the City of Lawrence, Kansas. Motion was seconded by Johnson and carried 2-0.</P> <P><STRONG>VICIOUS DOG 02-27-08</STRONG><BR>Midge Grinstead, Executive Director Lawrence Humane Society, discussed the effectiveness of the animal regulations in Douglas County. In 2006-2007, the Humane Society targeted 83 dogs, reduced bite cases by 52% and cruelty cases by 43% percent. Overall, Grinstead feels the laws are working well. She would like to see the regulations changed to a one bite rule because she has seen situations where dogs have bitten repeatedly and been released to owners. </P> <P>It was the consensus of the Board for Grinstead to work with the County Counselor to revise the dangerous dog resolution to add a two bite rule, and also amend the vicious dog resolution to allow for prosecution of the dog owners to receive restitution.</P> <P><STRONG>TRANSPORTATION 2030 02-27-08</STRONG><BR>Davonna Moore, Lawrence-Douglas County Metropolitan Planning Department, and Jim Tobaben, Planning/Engineering Manager for Parson’s Brinkerhoff Americas, made a presentation to the Board with a draft of Transportation 2030 (T2030) Long-Range Transportation Plan. The official public comment period was opened on January 30, 2008 and runs for 30 days. T2030 is the updated version of T2025 and will serve as the long-range transportation plan for the City of Lawrence and the surrounding area of Douglas County. Federal law requires that the Metropolitan Planning Organization (MPO) adopt and update a Long-Range Transportation Plan at least every five years. The Long Term Transportation Plan typically covers a 20-year span that outlines future transportation investments for all modes of transportation for the MPO area. </P> <P>No action was taken.<BR><BR>Jones moved to adjourn the meeting; McElhaney seconded and the motion carried. </P> <P></P> <P>____________________________ ____________________________<BR>Bob Johnson, Chairman Jere McElhaney, Vice Chair</P> <P>ATTEST:</P> <P>_____________________________ ______________________________ <BR>Jamie Shew, County Clerk Charles Jones, Member </P>

<P>Jones called a special commission meeting to order at 8:18 a.m. on Thursday, March 13, 2008, Johnson and McElhaney were in attendance by conference phone.</P> <P><STRONG>CONSENT AGENDA 03-13-08</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <P>&nbsp;&#9658;&nbsp;Commission Order No. 08-027 (on file with the office of the Clerk); and<BR>&nbsp;&#9658; &nbsp;Contract with Asphalt Sale of Lawrence to supply 8,001 tons to 13,000 tons of BM-2 asphaltic concrete at the unit price of $33.00 per ton, and approve contract with LRM industries to supply 1,000 tons to 5,000 tons of BM-2 at the unit price of $37.45 per ton.<BR>&nbsp; &nbsp; <BR>The motion was seconded by Johnson and carried unanimously. </P> <P><STRONG>PUBLIC WORKS 03-13-08</STRONG><BR>The Board considered the approval of a cost overrun for Project No. 2007-12 Silica Fume Overlays for Bridge Nos. 16.00N-02.11E &amp; .00N-13.30E. Keith Browning, Director of Public Works stated the surfaces for both bridges have been milled and the areas for patching have been marked. Bridge No. 11.00N-13.30E will require a significantly larger amount of patching than first anticipated (32 square yards to 204 square yards). The original bid price was $85,123. The adjusted cost estimate due to the increase in patching is estimated at $126,965. </P> <P>Jones asked whether replacing the entire deck might be better than patching two-thirds of the deck. Browning stated the cost would be significantly more to replace the entire deck. The 204 square yard patch is a sound, cost-effective fix and should last for many years. Without the repairs, he d&#160;s not anticipate the bridge lasting another five years.</P> <P>Jones moved to authorize the Public Works Director to approve change orders up to a total contract cost of $140,000 for Project No. 2007-12, Silica Fume Overlays for Bridge Nos. 16.00-02.11E and 11.00N-13.30E. Motion was seconded by McElhaney and carried unanimously. </P> <P><STRONG>ACCOUNTS PAYABLE 03-13-08</STRONG><BR>Johnson moved approval of accounts payable in the amount of $114,050.97 to be paid on 03/03/08. Motion was seconded by Jones and carried unanimously. </P> <P><BR>____________________________&nbsp;&nbsp;&nbsp;&nbsp; ____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Vice Chair</P> <P>ATTEST:</P> <P>_____________________________&nbsp;&nbsp; ____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member<BR></P>

<P>Johnson called the meeting to order at 8:30 a.m. on Monday, March 3, 2008 with two members present. McElhaney arrived at a later time.</P> <P><STRONG>CONSENT AGENDA 03-03-08</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <P>&nbsp;&#9658;&nbsp;Commission Order Nos. 08-024 and 08-025 (on file with the office of the Clerk); and<BR>&nbsp;&#9658;&nbsp; 2007 Township Annual Reports<BR>&nbsp; <BR>The motion was seconded by Johnson and carried 2-0. </P> <P>Jones moved to approve the minutes of January 30 and February 4, 2008. Motion was seconded by Johnson and carried 2-0.</P> <P><STRONG>PLANNING 03-03-08</STRONG><BR>The Board considered the approval of SP-01-09-08, a site plan for the development of a 17,157 square foot industrial building located at Maple Grove North No. 3, Lot 5, along the east side of U.S. Highway 24/59, approximately 700’ north of the intersection of Highways 24/40 and 59. The 3.116-acre property is vacant and located between two pieces of property. The application was submitted by Paul Werner Architects for Limerick Properties LLC, property owner of record. Paul Patterson, Lawrence-Douglas County Metropolitan Planning Department, was present for the discussion. Staff recommends approval of the proposed site plan subject to the following conditions:</P> <P>1)&nbsp;Approval of a septic system construction permit from the Douglas County Health Department prior to release of the site plan for building permits. Any approved septic field shall be shown on the site plan and may not encroach on driveway, parking, storage areas, or utility easements.</P> <P>2)&nbsp;Add the following general notes to the site plan:<BR>a)&nbsp;“A screened fence providing screening from the adjacent Maple Grove Cemetery will be constructed to the approval of the County Zoning Administrator prior to the placement of outdoor storage materials or equipment.”<BR>b)&nbsp;“Site plan will need to be administratively approved to show any outside storage area or fencing prior to establishment of this additional use.”</P> <P>Jones stated concern over issues he has heard regarding traffic in that area. He asked if staff has tried to track the accumulate amount of traffic going in and out of the cul-de-sac so we can plan for an accumulative impact. Patterson responded that a study was done five years ago when the industrial park was approved. Maple Grove is a privately owned and maintained industrial cul-de-sac. <BR>Jones asked Keith Browning, Director of Public Works, if he has any sense of the amount of traffic in and out of the industrial park. Browning replied, no, but KDOT may have a count. Jones stated the County needs to be mindful of the accumulative impact. One day there may need to be improvements done and he wants to make sure the County is in position to handle that when the time comes. Johnson stated that the turn lane would come off Highway 24 and that would be a KDOT issue. </P> <P>Johnson opened the item for public comment. No public comment was heard. </P> <P>Jones moved to approve site plan SP-01-09-08 a site plan for Maple Grove North No. 3, Lot 5, with the above listed conditions. Motion was seconded by McElhaney and carried 3-0.</P> <P><STRONG>HEALTH CARE ACCESS 03-03-08</STRONG><BR>Nikki King, Executive Director of the Health Care Access Clinic, gave a presentation to the Board regarding the status of the Health Care Access Clinic, a free clinic which serves the uninsured and low income population of Douglas County. </P> <P>No action was taken.</P> <P><STRONG>PUBLIC WORKS 03-03-08</STRONG><BR>The Board considered the awarding of contracts for sanitary sewer construction for the S.E. Lawrence Sanitary Sewer Main Benefit Districts 1, 2 &amp; 3 DGCO Project Nos. 2006-13, 2006-14 &amp; 2006-15. Terese Gorman, County Engineer was present for the discussion. The contract is for the construction of sewer lines for all three benefit districts. Sixteen contractors submitted bids. The low bidder was R.D. Johnson Construction with a total bid of $1,288,219.30. The Engineer’s Estimate was $2,212,912.50. The construction of the lift station included in Benefit District 1 is by separate contract. The city of Lawrence is paying portions of each benefit district. Under the terms of Douglas County’s agreement with the City of Lawrence, the City is responsible for construction inspection work. </P> <P>Jones moved to approve the low bid of $1,288,219.30 from R.D. Johnson Construction for Project Nos. 2006-13, 2006-14 and 2006-15, the construction of sanitary sewer lines for S.E. Lawrence Sanitary Sewer Main Benefit Districts 1, 2 &amp; 3. Motion was seconded by McElhaney and carried 3-0.</P> <P><STRONG>PUBLIC WORKS 03-03-08</STRONG><BR>The Board considered the approval of a contract for lift station construction for the S.E. Lawrence Sanitary Sewer Main Benefit Districts 1, DGCO Project No. 2006-13A. Terese Gorman, County Engineer, was present for the discussion. Bids were opened February 21, 2008, with five contractors submitting bids. The low bidder was Midland Contractors with a total base bid of $909,300. The Engineers Estimate was $1,111,000. The base bid is for the construction of a 4.9 million-gallon per day (MGD) lift station. Alternate Bid Item 1 is for the construction of a 1.3 MGD lift station.</P> <P>Alternate Bid Item 2 is for supply and installation of a 230 kW generator in place of the 125 kW generator included in the base bid. If the base bid is accepted, the City of Lawrence will pay the difference in cost between the smaller lift station included in Alternate Bid Item 1 and the larger lift station included in the base bid. The City will pay the additional cost of the larger generator if Alternate Bid Item 2 is accepted. </P> <P>The City requests we accept the low bid from Midland Contractors and Alternate Bid Item 2. The City will be finically responsible for $33,300.00 for the larger lift station and for $21,000.00 for Alternate Bid Item 2. Under the terms of Douglas County’s agreement with the City of Lawrence, the City has responsibility for construction inspection for this work.</P> <P>McElhaney moved to approve the low bid of $909,300 and Alternate Bid Item 2 in the amount of $21,000.00 from Midland Contractors for Project No. 2006-13A, the construction of a 4.9 MGD lift station for S.E. Lawrence Sanitary Sewer Main Benefit District No. 1. Motion was seconded by Johnson and carried 3-0. </P> <P><STRONG>YOUTH SERVICES 03-03-08</STRONG><BR>The Board considered the review and approval of the 7Th Judicial District Juvenile Justice Authority Prevention, Intervention and Core Services Funding Application for FY 2009. Pam Weigand, Director of Youth Services, was present for discussion. The Juvenile Justice Authority asked the Core Programs to submit reduced budgets based on fiscal year 2008 funding levels, utilizing a new funding formula and to submit alternative (enhanced) budgets on a possible infusion of 3.5 million in state funding for community programs. The funding application table is as follows:</P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: 'Saturday Sans ICG'; mso-bidi-font-family: Arial">&#160;<o:p></o:p></SPAN></P> <P> <TABLE class=MsoTableGrid style="BORDER-RIGHT: medium none; BORDER-TOP: medium none; MARGIN: auto auto auto 5.4pt; BORDER-LEFT: medium none; BORDER-BOTTOM: medium none; BORDER-COLLAPSE: collapse; mso-border-alt: solid windowtext .5pt; mso-yfti-tbllook: 480; mso-padding-alt: 0in 5.4pt 0in 5.4pt; mso-border-insideh: .5pt solid windowtext; mso-border-insidev: .5pt solid windowtext" cellSpacing=0 cellPadding=0 border=1> <TBODY> <TR style="mso-yfti-irow: 0"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: windowtext 1pt solid; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 207pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt" vAlign=top width=276> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; tab-stops: 19.5pt center 98.1pt"><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: 'Saturday Sans ICG'; mso-bidi-font-family: Arial"><FONT size=2><SPAN style="mso-tab-count: 1">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; </SPAN><SPAN style="mso-tab-count: 1">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; </SPAN>Funding Type<o:p></o:p></FONT></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: windowtext 1pt solid; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 81pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=top width=108> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: 'Saturday Sans ICG'; mso-bidi-font-family: Arial"><FONT size=2>FY 2008<o:p></o:p></FONT></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: windowtext 1pt solid; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 81pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=top width=108> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: 'Saturday Sans ICG'; mso-bidi-font-family: Arial"><FONT size=2>FY 2009 (Reduced)<o:p></o:p></FONT></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: windowtext 1pt solid; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 81pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=top width=108> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: 'Saturday Sans ICG'; mso-bidi-font-family: Arial"><FONT size=2>FY 2009 Alternate<o:p></o:p></FONT></SPAN></B></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: 'Saturday Sans ICG'; mso-bidi-font-family: Arial"><FONT size=2>(Enhanced)<o:p></o:p></FONT></SPAN></B></P></TD></TR> <TR style="mso-yfti-irow: 1"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 207pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=276> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-FAMILY: 'Saturday Sans ICG'; mso-bidi-font-family: Arial"><FONT size=2>Prevention<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 81pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=108> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-FAMILY: 'Saturday Sans ICG'; mso-bidi-font-family: Arial"><FONT size=2>$117,858.00<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 81pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=108> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-FAMILY: 'Saturday Sans ICG'; mso-bidi-font-family: Arial"><FONT size=2>$117,858.00<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 81pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=108> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-FAMILY: 'Saturday Sans ICG'; mso-bidi-font-family: Arial"><FONT size=2>$117,858.00<o:p></o:p></FONT></SPAN></P></TD></TR> <TR style="mso-yfti-irow: 2"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 207pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=276> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-FAMILY: 'Saturday Sans ICG'; mso-bidi-font-family: Arial"><FONT size=2>Intervention/Graduated Sanctions<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 81pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=108> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-FAMILY: 'Saturday Sans ICG'; mso-bidi-font-family: Arial"><FONT size=2>$64,898.00<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 81pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=108> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-FAMILY: 'Saturday Sans ICG'; mso-bidi-font-family: Arial"><FONT size=2>$64,898.00<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 81pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=108> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-FAMILY: 'Saturday Sans ICG'; mso-bidi-font-family: Arial"><FONT size=2>$64,898.00<o:p></o:p></FONT></SPAN></P></TD></TR> <TR style="mso-yfti-irow: 3"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 207pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=276> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-FAMILY: 'Saturday Sans ICG'; mso-bidi-font-family: Arial"><FONT size=2>Core Services<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 81pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=108> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-FAMILY: 'Saturday Sans ICG'; mso-bidi-font-family: Arial"><FONT size=2>$478,622.00<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 81pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=108> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-FAMILY: 'Saturday Sans ICG'; mso-bidi-font-family: Arial"><FONT size=2>$458,086.00<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 81pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=108> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-FAMILY: 'Saturday Sans ICG'; mso-bidi-font-family: Arial"><FONT size=2>$538,370.00<o:p></o:p></FONT></SPAN></P></TD></TR> <TR style="mso-yfti-irow: 4; mso-yfti-lastrow: yes"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 207pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=276> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: 'Saturday Sans ICG'; mso-bidi-font-family: Arial"><FONT size=2>Total<o:p></o:p></FONT></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 81pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=108> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: 'Saturday Sans ICG'; mso-bidi-font-family: Arial"><FONT size=2>$661,378.00<o:p></o:p></FONT></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 81pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=108> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: 'Saturday Sans ICG'; mso-bidi-font-family: Arial"><FONT size=2>$640,842.00<o:p></o:p></FONT></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 81pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=108> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: 'Saturday Sans ICG'; mso-bidi-font-family: Arial"><FONT size=2>$721,126.00<o:p></o:p></FONT></SPAN></B></P></TD></TR></TBODY></TABLE></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-FAMILY: 'Saturday Sans ICG'; mso-bidi-font-family: Arial"><o:p><FONT size=2></FONT></o:p></SPAN></P> <P>Due to the state reallocating funding, Weigand has prepared two budgets. First the recommended reduced budget for FY 2009 and an alternate enhanced budget for FY 2009.&nbsp; The legislature plans to infuse 2.5 million into the budget, which would allow for the increased amount for Core Services under the enhanced budget. Weigand asked the Board to approve both the reduced and alternate enhanced budgets. </P> <P>Johnson moved to approve the FY 2009 reduced budget in the amount of $640,842.00. Motion was seconded by Jones and carried 3-0.</P> <P>Jones moved to approve the FY 2009 Alternate Enhanced Budget in the amount of $721,126.00. Motion was seconded by McElhaney and carried 3-0.</P> <P><STRONG>YOUTH SERVICES 03-03-08</STRONG><BR>The Board reviewed and considered approval of the CY 2007 GS Supplemental Grant Adjusted Budget Summary for Case Management. Pam Weigand, Director of Youth Service, was present for the discussion. When the budget was submitted in 2007, Youth Service anticipated using more funds for contractual and professional services. During the CY 2007 grant period, funds were primarily used for expenses related to transportation of juveniles and for procurement of clothing for juveniles in custody and supplies related to drug and alcohol testing. The changes are outlined as follows:</P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: Arial"><o:p></o:p></SPAN></P> <P> <TABLE class=MsoTableGrid style="BORDER-RIGHT: medium none; BORDER-TOP: medium none; MARGIN: auto auto auto 5.4pt; BORDER-LEFT: medium none; BORDER-BOTTOM: medium none; BORDER-COLLAPSE: collapse; mso-border-alt: solid windowtext .5pt; mso-yfti-tbllook: 480; mso-padding-alt: 0in 5.4pt 0in 5.4pt; mso-border-insideh: .5pt solid windowtext; mso-border-insidev: .5pt solid windowtext" cellSpacing=0 cellPadding=0 border=1> <TBODY> <TR style="mso-yfti-irow: 0"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: windowtext 1pt solid; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 211.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt" vAlign=top width=282> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial"><FONT size=2>Allowable Expenses<o:p></o:p></FONT></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: windowtext 1pt solid; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 85.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=top width=114> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial"><FONT size=2>CY 2007 Approved Budget<o:p></o:p></FONT></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: windowtext 1pt solid; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 85.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=top width=114> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial"><FONT size=2>Change<o:p></o:p></FONT></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: windowtext 1pt solid; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 72.9pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=top width=97> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial"><FONT size=2>Adjusted CY2007 Budget<o:p></o:p></FONT></SPAN></B></P></TD></TR> <TR style="mso-yfti-irow: 1"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 211.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=282> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-FAMILY: Arial"><FONT size=2>B. Travel<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 85.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=114> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-FAMILY: Arial"><FONT size=2>$4,000.00<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 85.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=114> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-FAMILY: Arial"><FONT size=2>$1,720.70<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 72.9pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=97> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-FAMILY: Arial"><FONT size=2>$5,720.70<o:p></o:p></FONT></SPAN></P></TD></TR> <TR style="mso-yfti-irow: 2"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 211.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=282> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-FAMILY: Arial"><FONT size=2>D. Supplies<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 85.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=114> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-FAMILY: Arial"><FONT size=2>$1,000.00<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 85.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=114> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-FAMILY: Arial"><FONT size=2>$555.45<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 72.9pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=97> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-FAMILY: Arial"><FONT size=2>$1,555.45<o:p></o:p></FONT></SPAN></P></TD></TR> <TR style="mso-yfti-irow: 3"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 211.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=282> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-FAMILY: Arial"><FONT size=2>E. Contractual Professional<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 85.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=114> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-FAMILY: Arial"><FONT size=2>$3,138.65<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 85.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=114> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-FAMILY: Arial"><FONT size=2>$(2,276.15)<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 72.9pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=97> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-FAMILY: Arial"><FONT size=2>$862.50<o:p></o:p></FONT></SPAN></P></TD></TR> <TR style="mso-yfti-irow: 4; mso-yfti-lastrow: yes"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 211.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=282> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial"><FONT size=2>Total<o:p></o:p></FONT></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 85.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=114> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial"><FONT size=2>$8,138.65<o:p></o:p></FONT></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 85.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=114> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial"><o:p><FONT size=2>&nbsp;</FONT></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 72.9pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=97> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial"><FONT size=2>$8,138.65<o:p></o:p></FONT></SPAN></B></P></TD></TR></TBODY></TABLE></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-FAMILY: Arial"><o:p><FONT size=2></FONT></o:p></SPAN></P> <P>The Juvenile Corrections Advisory Board reviewed and approved the adjustment. The Juvenile Justice Authority requires approval of the JCAB and the Board of County Commissioners on the Grant Budget Adjustment. </P> <P>Jones moved to approve the CY 2007 GS Supplemental Grant Adjusted Budget Summary for Casement Management. Motion was seconded by McElhaney and carried 3-0.<BR>&nbsp;<BR><STRONG>YOUTH SERVICES 03-03-08</STRONG><BR>The Board reviewed and considered approval of the CY 2008 Supplemental Graduated Sanctions funds for Douglas County Youth Services JJA Case Management and Juvenile Intake and Assessment. Pam Weigand, Director of Youth Services, was present for the discussion. The JJA will be distributing unexpended FY 2007 supplemental funds to Douglas County in the amount of $10,286.00 for core programs.</P> <P>Jones moved to approve CY 2008 Supplemental Core Check. Motion was seconded by McElhaney and carried 3-0. </P> <P><STRONG>BUDGET 03-03-08</STRONG><BR>The Board considered the approval of the 2008 Capital Improvement Plan. Pam Madl, Assist County Administrator, was present for the discussion. At this time $4,489,827 is available in the CIP fund to allocate to other projects. Suggested allocations were to: Building/Miscellaneous CIP for $448,983; Road CIP for $2,244,914; and Bridge CIP for $1,795,931. </P> <P>Jones stated he trusts Staff’s judgment on which road and bridge projects to allocate funds. Johnson stated we need to be spending our money where it gives us the best, long-term value and serves the largest number of people in the growing traffic environment. Jones stated his concern is addressing the CIP in the long run for example, repairing and maintaining all bridges in Douglas County; improving the road from Baldwin into Lawrence and connecting K-10 to Highway 59. He stated he would like to see more study done on the CIP plan projecting 20 years from now.&nbsp;&nbsp;&nbsp; </P> <P>Johnson commented that the city may delay construction of the Wakarusa Wastewater Treatment Plant because of the slower growth that we are currently experiencing. </P> <P>Browning stated concern on how the County will share costs with the City of Eudora on, especially I-70 and K-10 through Eudora. Johnson stated the County needs a commitment from Eudora on a time frame and a dollar amount to start the project. <BR>&nbsp;<BR>Johnson would like to see a list from Public Works showing what needs to be done in order, over the next 5 to 10 years. Jones stated an arterial connection from 59 to K-10 could be a large expense. He also stated concern about the need to widen the road connecting Haskell to 458 due to the number of accidents. </P> <P>It was the consensus of the Board for the Assistant County Administrator to revise the 2008 Capital Improvement Plan and to bring it back to the Board for approval. </P> <P><STRONG>ACCOUNTS PAYABLE 03-03-08</STRONG><BR>Jones moved approval of accounts payable in the amount of $2,681,901.98 to be paid on 03/03/08. Motion was seconded by McElhaney and carried 3-0.</P> <P>Jones moved to adjourn the meeting; Johnson seconded and the motion carried.&nbsp; </P> <P>&nbsp;</P> <P>____________________________&nbsp;&nbsp;&nbsp;&nbsp; ____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp; Jere McElhaney, Vice Chair</P> <P>ATTEST:</P> <P>_____________________________&nbsp;&nbsp; ____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member<BR>&nbsp;&nbsp;&nbsp; <BR></P>

<P>&nbsp; <BR>Johnson called the meeting to order at 6:35 p.m. on Wednesday, March 5, 2008 with all members present </P> <P><STRONG>CONSENT AGENDA 03-05-08</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <P>&nbsp;&#9658;&nbsp;Commission Order Nos. 08-024 (on file with the office of the Clerk);&nbsp; <BR>&nbsp;<BR>Motion was seconded by McElhaney and carried unanimously.&nbsp;&nbsp; </P> <P><STRONG>PLANNING 03-05-08</STRONG><BR>The Board considered an appeal of the Planning Director’s decision to deny a Certificate of Survey for CS-R-11-22-07 for a property division in the rural area of Douglas County. The location of the property is the Northeast Quarter of the Southwest Quarter of Section 10 Township 14S Range 18E (735 E 550 Road). Mary Miller, Lawrence-Douglas County Metropolitan Planning Department, and Linda Finger, Planning Resource Coordinator, were present for the discussion. The Certificate of Survey was administratively denied due to the fact that the proposed residential development parcels do not conform to the following requirements of the Subdivision Regulations: 1) Lot area requirements of the County Zoning Regulations; and 2) Number of land divisions possible for properties bounded by full-maintenance roads other than local roads. </P> <P>According to staff, Article 18 of the County Zoning Regulations requires that all lots, which take access from principal arterials, have a minimum area of 20 acres. If the Residential Development Parcel No. 1 maintains its access from E550 Road, 20 acres is required. If access is relocated to N750 Road, adequate area is provided.&nbsp; Section 20-806(d)(1) of the Subdivision Regulations contain a provision which allows properties bounded on two or more sides by existing full maintenance local roads two divisions, which would result in three Residential Development Parcels. It is Staff’s interpretation that the ability to divide three RDPs d&#160;s not apply to property which is bounded by two or more sides by full maintenance roads if one or both bounding roads are a collector or arterial.</P> <P>Miller stated to meet the Subdivision Regulations, the property owner could move the existing driveway from E550 Road to take access from N750 Road. They have the 1320 ft of required frontage, but do not have a full 20 acres. </P> <P>Miller stated that the owner has a 20-acre parent parcel with two 5-acre parcels and one 10 acre parcel proposed. One parcel has an existing house with a driveway access to E550 Road. Miller commented that in similar situations, other applicants have changed their driveways to meet the County criteria. </P> <P>Aaron Gaspers, with Peridian Group, Inc. and representing the property owners, stated the property owner’s intent is to take 40 acres, divide it into two parent parcels, one with two lots and one with three lots. One issue is the existing driveway. The property owner is seeking a variance to keep the driveway where it is, taking access from E550 Road.&nbsp; </P> <P>Jones clarified that there are two issues: 1) variance on the 20 acres; and 2) How you define the two roads on each side, a major arterial vs. a local collector. Gaspers said the main issue is the acreage. They do have 1320 feet of frontage, but lack the 20 acres. The existing house faces E550 and the driveway is more desirable where it is now.&nbsp; Jones stated the property owner should have to take access from N750 Road. The County should seize every opportunity to limit driveways along major arterial roads.</P> <P>Johnson stated it makes sense to issue a variance because a house and driveway already exist and the driveway already meets minimum frontage requirements. The frontage is there. If they were starting from scratch, it would not qualify. McElhaney stated that staff has interpreted the information correctly the way the Board presented it, but we need to look at the existing conditions. He feels a driveway accessing N750 would be a safer option and no one is making the property owner divide the property this way.<BR>&nbsp;.<BR>Scott McCullough, Planning Director, agreed there are two issues to resolve:&nbsp; 1) applicant requesting a smaller parcel to access the arterial road; and 2) a local road issue that the code clarify whether they can have the three lots in the Certificate of Survey, regardless of whether there is 20 acres. He stated the Board can base the variance on the findings that the road still maintains its current access pattern, there is uniqueness to the request, the proposed development meets the frontage requirements and frontage will be maintained with proposed development pattern, and no harm will be done to the existing road network. </P> <P>Johnson stated he wants to be supportive and reasonable, but not open a flood gate. In his opinion, the road frontage is the element of importance. Jones stated concern that choosing to support the frontage, but not upholding the 20-acre requirement is like “gutting the 20-acre provision.” Johnson clarified that the difference is an applicant, to receive the same determination, would have to have the same type of situation, an entrance with 1320 feet of frontage on an existing road. </P> <P>After further discussion, it was the consensus of the Board for staff to begin the process of a text amendment to address the issue of number of land divisions possible for properties bounded by full-maintenance roads other than local roads. </P> <P>Jones moved that in this instance, in light of the ambiguity in terms of interpretation of the language that the Board interprets in favor of the applicant, which gives them the opportunity to make three divisions within the parent parcel. However the Board stipulates that this is not an over arching situation and will be a matter of discussion and with clarification as soon as possible, and with the condition of meeting the access to 750 for the driveway. The Board has not addressed the issue of the 20 acres, which may take a text amendment. The Board’s position is the owner still needs 20 acres if they take access from the principal arterial. The property owner can consider going forward with the Certificate of Survey and later come back with a waiver for the driveway. Motion was seconded by Johnson and carried unanimously. <BR>&nbsp;<BR><STRONG>WORK SESSION ON ROAD/ACCESS 03-05-08</STRONG><BR>Linda Finger, Planning Resource Coordinator, lead a work session discussion with staff members and the Commissioners on Road and Access policy issues. </P> <P><STRONG>ACCOUNT PAYABLE 03-05-08</STRONG><BR>Jones moved to approve an accounts payable wire transfer in the amount $731,246.00 to be paid on 03/06/08. Motion was seconded by McElhaney and carried unanimously.</P> <P>McElhaney moved to adjourn the meeting; Johnson seconded and the motion carried.&nbsp; </P> <P>&nbsp;</P> <P>____________________________&nbsp;&nbsp;&nbsp;&nbsp; ____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Vice Chair</P> <P>ATTEST:</P> <P>_____________________________&nbsp;&nbsp; _____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones<BR></P>

<P>Johnson called the meeting to order at 8:30 a.m. on Monday, January 28, 2008 with all members present. </P> <P><STRONG>CONSENT AGENDA 01-28-08</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <P>&#9658; Commission Order No. 08-008 (on file with the office of the Clerk); and<BR>&#9658; Cereal Malt Beverage Licenses for Clinton Marina Grill and Clinton Marina both located at 1329 E 800 Road; and<BR>&#9658; Bids for crushed rock for road maintenance from Mid-States Materials and Hamm Quarries for the supply of 3000-7500 tons of AB-3 base rock and 3000-7500 tons SS-3 road rock from each supplier, and the bid from Mid-States Material for the supply of 1000-3000 tons of shot rock. </P> <P>The motion was seconded by McELhaney and carried unanimously.</P> <P><STRONG>PUBLIC WORKS 01-28-08 <BR></STRONG>The Board received a planning recommendation for MM-09-01-07, a request to designate minimum maintenance road status for a portion of E 700 Road within Lecompton Township between 1800N and 2000N.</P> <P>Jones moved to receive the recommendation for MM-09-01-07, a request to designate minimum maintenance road status and directed staff to set a hearing date, draft a final resolution and present the Planning Commission’s recommendation at the County Commissioner’s public hearing. The motion was seconded by McElhaney and carried unanimously. </P> <P><STRONG>PUBLIC WORKS 01-28-08</STRONG><BR>The Board received a petition for a road vacation on E700 Road between 1800N and 1900N. Rockwall Farms, L.C. is the property owner of record. This segment of road is within the approximate two-mile portion of E700 Road currently under consideration for a declaration of minimum maintenance. Rockwall Farms, L.C. has received approval, through the planning process, to establish a chapel/country club on the land abutting the road portion in the petition. Landowner concerns include traffic safety due to limited sight distance for west bound traffic on 438 Road and traffic control for access to the country club. </P> <P>Jones moved to receive the petition from Rockwall Farms, L.C. regarding the proposed vacation and directed staff to set a date for the final action of public hearing and undertake the appropriate public notification process. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PLANNING 01-28-08<BR></STRONG>The Board considered approval of the Southeast Area Plan. Michelle Leininger, Lawrence-Douglas County Metropolitan Planning Department, was present for discussion. The planning area is bounded roughly to the north by E 23rd Street/K-10 Highway; to the west by O’Connell Road; to the south by the north side of the Wakarusa River floodplain; and to the east by E 1750 Road (Noria Road). The plan identifies future primary land use intent within this bounded area. </P> <P>McElhaney asked why the packet d&#160;s not include proposed land use summary acreage and totals. Leininger stated the staff specifically has not added future land use summaries to allow for more flexibility. </P> <P>Jones stated he is pleased staff has come up with a good compromise. He asked Leininger to described step three of the process. Leininger explained step three is the ordinance/resolution or legal step that basically amends the plan into Horizon 2020. The plan process is completed once the ordinance/resolution is approved, signed and published in the paper. <BR><BR>Johnson opened the item for public comment.</P> <P>Karen Heeb, Douglas County resident, stated she is pleased with the plan but has concerns regarding 11 homes between 1700 E and 1600 E. She stated according to the plan, N1300 Road is proposed as a principal arterial road, which would require the County to take 150 foot of right-of-way along the lots, wiping out several of the homes. Johnson stated the road is a City issue, but he understands the concerns and questioned how the County and City would move forward when development occurs. </P> <P>Jones asked how long before this arterial road would be developed. Leininger stated at this time, the road is not on the CIP. It would be a public process. </P> <P>McElhaney stated that the 31st Street Corridor Study should address some of the concerns and he is willing to come back to these issues as a part of the Street Corridor Study. Heath stated she has no intention of holding up the plan. She just wants to be proactive. Leininger stated the 31st Street Corridor Study is not specific that far east. There are some provisions added to the policy section of the Southeast Area Plan that suggest preserving existing dwelling units and to consider a frontage road, if possible.</P> <P>Scott McCullough, Director of the Lawrence-Douglas County Metropolitan Planning Department, stated this is a great example of local residents being very active in the planning process and keeping the 31st Street extension alignment issue in the forefront. They understand this is not an immediate issue. The property owners have been instructed to keep this an awareness issue. </P> <P>Steve Glass, resident, stated he supports the plan. He stated that perhaps the City and County could compromise on the width of the right-of-way for 31st Street when it is fully developed. The connection to Haskell and O’Connell would be critical. </P> <P>Jones stated future improvements to 31st Street would be a City project. The Board should send a note to back to the Planning Commission to have the City to be mindful of the potential connection to 31st street. </P> <P>Keith Browning, Director of Public Works, stated no decisions have been made on arterials, However, if it was decided 31st street should be a major arterial, the County would be involved. </P> <P>Jones asked Browning to make arrangements for an update/work session on 31st Street. Johnson and McElhaney agreed. </P> <P>Johnson addressed the residents concerns by stating those property owners north of 31st Street will want to develop their land, which is a positive note to those living south of 31st Street. He feels the property owners to the north will be more inclined to work with the City and County in order to make the road the way the government wants it and the way the property owners want it, to be able to develop their property. His hope is that as the County stays involved, so that we can represent the property owners to the south and hopefully it will not take 7 to 10 years to get it done. The area plan is to the point where it is acceptable to the City, the County, and the property owners on both sides, north and south. The onus will be on the property owners to keep the issue in the forefront. Jones and McElhaney agreed. </P> <P>Jones moved approval of the Southeast Area Plan. Motion was seconded by McElhaney and carried unanimously. </P> <P><STRONG>PLANNING 01-28-08</STRONG><BR>The Board considered approval of CPA-2007-4 to amend Horizon 2020, Chapter 14 Specific Plans, to add a reference to the Southeast Area Plan. The CPA will add the title of the plan, a description of the approximate planning area boundaries, approval dates, and the future review date.</P> <P>Jones moved approval of CPA-2007-4, an amendment to Horizon 2020, Chapter 14 Specific Plans, to add a reference to the Southeast Area Plan. Motion was seconded by McElhaney and carried unanimously</P> <P><STRONG>PLANNING 01-28-08</STRONG><BR>Jones moved approval of Joint Ordinance 8221 of the City of Lawrence, Kansas, and Resolution No. 08-04 of the Board of County Commissioners of Douglas County, Kansas approving amendments to the Comprehensive Land Use Plan “Horizon 2020” by amending Chapter Fourteen – Specific Plans in “Horizon 2020,” repealing the existing section, and incorporating by reference the “Southeast Area Plan” prepared by the Lawrence-Douglas County Metropolitan Planning Office.Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>SENIOR SERVICES 01-28-08</STRONG><BR>John Glassman, Director of Senior Services, discussed 2008 Initiatives for the Senior Services Center. He plans improvements and expansions in the following areas: 1) financial independence, 2) positive images of aging through programs and activities, 3) staff development, 4) community partnership, 5) Board of Directors, and 6) operations and infrastructure. </P> <P>Glassman discussed plans to look for funding opportunities outside of the government and grants, the urgency for independent service organizations to work together to reach more people, a three-year plan for continuing education in Douglas County the desire for more physical space, and a need for an adult daycare program with a location that would accommodate 30 attendants per day. </P> <P>No action was taken.</P> <P><STRONG>EMERGENCY MANAGEMENT 01-28-08</STRONG><BR>Teri Smith, Director of Emergency Management, prepared an Outdoor Warning Siren Placement Policy as directed by the Board of County Commissioners, and brought before the Board for approval. The placement policy outlines the criteria for determining the necessity and placement of outdoor warning sirens to alert the public when severe weather is imminent. </P> <P>McElhaney moved to adopt the Outdoor Warning Siren Placement Policy with editorial language changes based on comments suggested by the Commission regarding the “one-mile range” and gave Smith authority to edit language as she determines necessary. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>EMERGENCY MANAGEMENT 01-28-08</STRONG><BR>The Board considered the recommendation for two additional outdoor warning sirens to be added in Douglas County with their placements to be determined according to the Outdoor Warning Siren Placement Policy. </P> <P>Jones moved to approve the recommendation to purchase and install two sirens through the contract with Mid America Regional Council through Blue Valley Public Safety Incorporated for an amount not-to-exceed $20,000 per siren. Motion was seconded by McElhaney and carried unanimously. </P> <P><STRONG>ACCOUNTS PAYABLE 01-28-08</STRONG><BR>Jones moved approval of accounts payable manual checks in the amount of $150,000.00 paid on 01/17/08; accounts payable in the amounts of $200,293.06 for 2007 to be paid on 01/28/08 and $441,837.26 for 2008 to be paid on 01/28/08; and wire transfer in the amounts of $14,528.48 and $490,676.25 to be paid on 01/31/08. Motion was seconded by McElhaney and carried unanimously. </P> <P><BR>Jones moved to adjourn the meeting; McElhaney seconded and the motion carried. </P> <P></P> <P>____________________________ ____________________________<BR>Bob Johnson, Chairman Jere McElhaney, Vice Chair</P> <P>ATTEST:</P> <P>_____________________________ ____________________________<BR>Jamie Shew, County Clerk Charles Jones, Member</P>

<P>&nbsp;Johnson called the meeting to order at 8:30 a.m. on Monday, March 24, 2008&nbsp;with all members present.&nbsp; </P> <P>Johnson moved to approve the minutes for February 13, February 18, February 25, February 27 and March 13, 2008. Motion was seconded by Jones and&nbsp;carried unanimously. </P> <P><STRONG>CONSENT AGENDA 03-24-08</STRONG><BR>Johnson moved approval of the following Consent Agenda:</P> <P>&nbsp;&#9658;&nbsp;Commission Order Nos. 08-028, 08-029, and 08-030 (on file with the office of the Clerk); and<BR>&nbsp;&#9658;&nbsp; Mobile and portable law enforcement radio purchase of 15 portable radios ($54,477.38)&nbsp; and 12 mobile (vehicle mounted) law enforcement radios ($41,969.16) for a total cost of $96,466.54 for the Sheriff’s department; <BR>&nbsp;&#9658; Authorized Emergency Vehicle Permit for John E. Steele, Jr.; and<BR>&nbsp;&#9658; A re-bid and low bid from Lone Pine Ag-Services for supply of 600 gallons of Glyphosate Herbicide for Noxious Weeds at $27.81 per gallon.</P> <P>The motion was seconded by McElhaney and carried 3-0</P> <P>Item 1(e) of the Consent Agenda; Consider approval of right-of-way for drainage structure 10. 60N-20.00E was deferred to the Wednesday, March 26, 2008 meeting Consent Agenda.</P> <P><STRONG>EAST HILLS BUSINESS PARK 03-24-08</STRONG><BR>Beth Johnson, Vice President, Economic Development at the Lawrence Chamber of Commerce, gave a presentation to the Board on the history of the East Hills Business Park (EHBP) and its success in luring industrial and commercial growth to Douglas County. The Chamber will celebrate the parks 20-year anniversary with a reception to be held at 4:00 p.m., March 31, 2008, in the DCDI spec building located in the business park.&nbsp; </P> <P><STRONG>PUBLIC WORKS 03-24-08</STRONG><BR>The Board considered the approval of the Lone Star Lake skiing dates for 2008. <BR>Keith Browning, Director of Public Works, was present for the discussion. </P> <P>Jones moved to approve the following times and dates for skiing:</P> <P>12:00 noon until 8:00 p.m. on Wednesday through Sunday of each week between June 1 and Labor Day; 12:00 noon until 8:00 p.m. on&nbsp; May 26 (Monday, Memorial Day) and September 1 (Monday, Labor Day); and also 12:00 noon until 6:00 p.m. on Wednesday through Sunday of each week between September 3 and September 28, 2008. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>ZONING &amp; TEXT AMENDMENTS 03-24-08</STRONG><BR>Bill Schaetzel, property owner, discussed with the Board his desire to start a business on his property located at approximately 100 N 600 Road, Section 25-12-17. The business type is agricultural involving the use of hay and straw for the creation of compressed brick for use as a fuel for fire places and wood burning stoves. There are two existing buildings on the 190-acre site, which includes two barns and a silo to be used for storage, manufacturing and production of the compressed bricks. At this time there is no listing for this type of agri-business in the Zoning Regulations since the hay and straw would not be grown on the property.</P> <P>Linda Finger, Planning Resource Coordinator, stated she discussed several options with the property owner, 1) possible Type II home occupation use if a residence were added to the site; 2) possible special use permitted for a conditional use permit;&nbsp; 3) rezoning to a Light-Industrial Zoning District and permitting low-intensity manufacturing and production types of uses; and 4) Initiation of a text amendment to the County’s Zoning Regulations to add this type of use to Section 19-4 of the Zoning Regulations. The text amendment to the County’s Zoning Regulations appears to be the best option. The amendment must be sponsored by the County Commission or the joint City/County Planning Commission.</P> <P>Johnson stated he personally sees this as a positive opportunity for Douglas County. Jones stated this business appears close enough to an agricultural type business that he agrees is a benefit for Douglas County. However, he stressed we should move cautiously when considering what is an agricultural business use. </P> <P>It was the consensus of the Board for staff to initiate a text amendment and to bring it back the Board for consideration on a future agenda.</P> <P><STRONG>PURCHASING 03-24-08</STRONG><BR>The Board considered a recommendation by Jackie Waggoner, Purchasing Director, for the purchase of four trucks for Public Works with funds allocated in the equipment reserve fund. Mike Perkins, Operations Manager, was present for the discussion. Public Works plans to purchase two (2) heavy duty tandem dump trucks equipped with central hydraulics, snow plow, and spreader, and two (2) F-550 trucks equipped with a utility bed. The two dump trucks will replace two (2) 1999 International Tandem Dump trucks. The two F-550 trucks will replace one (1) 1997 F-150 truck and one (1) 2001 F-250 truck. Purchasing plans to sell the trucks online or through an auction service. Waggoner asked that the Board consider the approval the following purchases:</P> <P> <TABLE class=MsoTableGrid style="BORDER-RIGHT: medium none; BORDER-TOP: medium none; MARGIN: auto auto auto 5.4pt; BORDER-LEFT: medium none; BORDER-BOTTOM: medium none; BORDER-COLLAPSE: collapse; mso-border-alt: solid windowtext .5pt; mso-yfti-tbllook: 480; mso-padding-alt: 0in 5.4pt 0in 5.4pt; mso-border-insideh: .5pt solid windowtext; mso-border-insidev: .5pt solid windowtext" cellSpacing=0 cellPadding=0 border=1> <TBODY> <TR style="HEIGHT: 38.95pt; mso-yfti-irow: 0"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: windowtext 1pt solid; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 391.35pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 38.95pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt" vAlign=top width=522> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: Arial; mso-bidi-font-size: 10.0pt; mso-bidi-font-family: 'Times New Roman'">Diamond International&#160;<o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>(2) 2009 HD Tandem Dump Trucks with Central hydraulics, snow plow and spreader)<o:p></o:p></FONT></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: Arial; mso-bidi-font-size: 10.0pt; mso-bidi-font-family: 'Times New Roman'"><o:p>&nbsp;</o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: windowtext 1pt solid; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63.85pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 38.95pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=top width=85> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: Arial; mso-bidi-font-size: 10.0pt; mso-bidi-font-family: 'Times New Roman'">$315,641<o:p></o:p></SPAN></P></TD></TR> <TR style="HEIGHT: 25.45pt; mso-yfti-irow: 1"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 391.35pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.45pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=522> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><1/2xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" /><st1:City><st1:place><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: Arial; mso-bidi-font-size: 10.0pt; mso-bidi-font-family: 'Times New Roman'">Shawnee</SPAN></st1:place></st1:City><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: Arial; mso-bidi-font-size: 10.0pt; mso-bidi-font-family: 'Times New Roman'"> </SPAN><st1:place><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: Arial; mso-bidi-font-size: 10.0pt; mso-bidi-font-family: 'Times New Roman'">Mission</SPAN></st1:place><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: Arial; mso-bidi-font-size: 10.0pt; mso-bidi-font-family: 'Times New Roman'"> Ford<o:p></o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>(2) 2008 Ford F-550 Pickup Trucks equipped with a utility bed)<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63.85pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.45pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=85> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: Arial; mso-bidi-font-size: 10.0pt; mso-bidi-font-family: 'Times New Roman'">$77,378<o:p></o:p></SPAN></P></TD></TR> <TR style="HEIGHT: 13.5pt; mso-yfti-irow: 2; mso-yfti-lastrow: yes"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 391.35pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 13.5pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=522> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: Arial; mso-bidi-font-size: 10.0pt; mso-bidi-font-family: 'Times New Roman'">Combined<SPAN style="mso-spacerun: yes">&nbsp; </SPAN>Total<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63.85pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 13.5pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=85> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: Arial; mso-bidi-font-size: 10.0pt; mso-bidi-font-family: 'Times New Roman'">$393,019<o:p></o:p></SPAN></B></P></TD></TR></TBODY></TABLE></P> <P>&nbsp;</P> <P>The item was deferred to the March 26, 2008 agenda for Commissioner McElhaney to inspect the condition of the presently owned trucks before the Board makes a decision regarding the new purchase.<BR>&nbsp;<BR><STRONG>TREASURER 03-24-08</STRONG><BR>The Board considered the approval for the purchase of a Manatron Tax System to replace the current tax system written in house in 1982. Jim Lawson, Director of Information Technology; Jamie Shew, County Clerk; and Paula Gilchrist, Treasurer, were all present for the discussion.&nbsp; The initial cost for the Manatron Tax system is $384,000 and will require the purchase of web services from Tyler Technology for $25,000 to enable the integration of the Manatron Tax System with the State mandated Orion CAMA system. This functionality will eliminate the dual data entry into the tax and CAMA systems currently done in the County Clerk’s office. The project could require the expenditure of $15,000 for new network servers if the County is unable to run the new tax system. The total maximum initial cost would be $424,000. It was recommended by Lawson, Shew and Gilchrist that the purchase be funded from the Commissioners technology fund. Staff discussed that Sedwick County has already implemented the Manatron Tax System and is in the setup process. </P> <P>Jones asked if there is enough money in the Register of Deeds Technology Fund to purchase the system. Craig Weinaug, County Administrator, stated there is, and that we’ve been planning several years for this upgrade. Jones asked if we need to waive the bidding process. Weinaug replied that yes, the Purchasing Department would like to waive the bidding process and the review committee has thoroughly reviewed the options and the Manatron System is the best option for Douglas County. </P> <P>Johnson opened the item for public comment.<BR>&nbsp;<BR>Hubbard Collinsworth, resident, asked if there is a possibility of losing data during the implementation stage. Lawson replied that part of process is the conversion stage. It will be up to staff to make sure all data is converted.&nbsp; </P> <P>Johnson moved to close the public comment. Motion was seconded by Jones and carried unanimously. </P> <P>Jones asked when will new system will be up and running. Lawson stated in&nbsp;early 2009. </P> <P>Jones moved to waive the formal bidding process for the purchase of the Manatron Tax System. Motion was seconded by Johnson and carried unanimously.</P> <P>Jones moved to approve the purchase of the Manatron Tax System as recommended by staff, and that it be funded from the Register’s Technology Fund at a cost not-to-exceed $424,000 and urged staff to delay as long as possible the actual purchase of the system to see what happens in Sedwick County. Motion was seconded by Johnson and carried unanimously. </P> <P><STRONG>PUBLIC WORKS 03-24-08</STRONG><BR>Keith Browning, Director of Public Works, and Chuck Soules, City of Lawrence Public Works Director, gave a briefing to the Board regarding the proposed and future improvements planned for 31st Street. The City of Lawrence received an earmark for $800,000 with no restrictions for improvements to 31st Street from Haskell Avenue to O’Connell Road. The City has hired Wilson &amp; Company consulting engineers to provide a concept plan and preferred alignment study. Soules stated the Mayor of Lawrence will be announcing a steering committee to review options for alignments. He would like to see some of the $800,000 used to acquire right-of-way. Soules also stated the contract the City has with Wilson &amp; Company is approximately $200,000, depending on the alignment selected, right-of-way could be an issue. The City only has about half of the right-of-way that will be needed.&nbsp; </P> <P>Jones asked if the City acquires the needed right-of-way, when is the expected completion date. Soules stated the construction would probably begin in 2010 and be completed in a year and a half. Jones asked why the City would pursue putting in a road from Haskell to O’Connell without resolving what will happen to the east and west of this segment. Soules responded that will probably be a discussion the committee will have. </P> <P>Rick Johnson, Engineer with Wilson &amp; Company, discussed the major impact the road will create on the environment regarding a straight line for the connection of Haskell to O’Connell though property. He stated he is waiting for the public and the Board to guide his company on what direction to go. </P> <P>Jones stated is seems like we are focusing in detail on one area, without knowing what will happen, the level of usage and amount of traffic. </P> <P>McElhaney asked how many routes have been proposed. Rick Johnson stated there are three suggested drawings, plus the straight through option. Regarding the amount of traffic, Rick Johnson stated without the SLT, he projects the traffic volume at 23,000 cars per day and with the SLT 13,000 cars. He stated a two lane road can handle the 13,000 volume. </P> <P>Jones stated that it d&#160;sn’t make sense to make a decision on a small area of road, just because there is money there, when you don’t know what will happen west and east of the segment. Browning replied that maybe there needs to be a discussion with the City on where and how to pay for it, or hire a consultant to do a study. We need to come to an agreement with the City. The road is needed. There needs to be a schedule and a plan. Browning suggested a work session with the City Commission on how to pay for this and how to collaborate. </P> <P>Johnson stated future governing bodies will be more likely to follow what is conceived and approved as a long range plan. We have the responsibility as a Board to move this conceptual plan forward. <BR>&nbsp;<BR>It was the consensus of the Board to direct Staff to explore with the City the feasibility of a study covering a longer stretch of 31st Street to be jointly funded by the City and County (See the April 2, 2008 minutes for additional information).</P> <P><STRONG>ACCOUNTS PAYABLE 03-24-08</STRONG><BR>Jones moved approval of accounts payable in the amounts of $685,722.94 paid on 03/17/08 and $217,908.89 to be paid on 03/21/07; payroll in the amounts of $759,172.61 paid on 02/14/08, $766,887.05 paid on 02/27/08; and $746,739.43 paid on 03/13/08; FICA in the amounts of $56,031,96 paid on 02/15/08, $58,823.39 paid on 02/29/08 and $55,075.32 paid on 03/14/08; and KPERS paid in the amounts of $66,621.56 paid on 02/15/08, $67,042.73 paid on 02/29/08 and $65,220.57 paid on 03/14/08. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>APPOINTMENT 03-24-08<BR></STRONG>Jones moved to appoint Paul Liechti to the Lawrence-Douglas County Health Board. His term will expire 03/31/11. Liechti will fill the expired term of Carl McElwee. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>EXECUTIVE SESSION 03-24-08</STRONG><BR>At 10:50 a.m., Jones moved that the Board recess into executive session for 20 minutes to discuss a matter, which would be deemed privileged under the attorney-client relationship. The justification is to maintain attorney-client privilege on a matter involving Douglas County. Other attendees included: Craig Weinaug, County Administrator; and Evan Ice and Chris Burger, County Legal Consultants.</P> <P>At 11:10 a.m., Johnson moved for the Board to return to regular session; Jones seconded and the motion was carried unanimously. No action was taken.</P> <P>Jones moved to adjourn the meeting; Johnson seconded and the motion carried.&nbsp; </P> <P>&nbsp;</P> <P>____________________________&nbsp;&nbsp;&nbsp;&nbsp; ____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Jere McElhaney, Vice Chair</P> <P>ATTEST:</P> <P>_____________________________&nbsp;&nbsp; ____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member</P>

<P>Johnson called the meeting to order at 6:35 p.m. on Wednesday, March 26, 2008 with all members present </P> <P><STRONG>CONSENT AGENDA 03-26-08</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <P>&#9658; Fee Receipts for February 2008 <BR><BR>Motion was seconded by McElhaney and carried unanimously. </P> <P><STRONG>PUBLIC WORKS 03-26-08 <BR></STRONG>McElhaney moved approval of contracts for highway purposes for Drainage Structure No. 10.60N-20.00E: Tract No. 1, Road No. 43 (E2000 Road) for Lance W. Burr; and Tract No. 2, Road No. 43 (E2000 Rd) for Sheryl A. Lemesany. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PURCHASING 03-26-08</STRONG><BR>McElhaney moved to approve the following purchases (as deferred from the March 24, 2008 meeting): Diamond International in the amount of $315,641 for two (2) 2009 HD Tandem Dump Trucks equipped with central hydraulics, snow plow and spreader; and Shawnee Mission Ford in the amount of $77,378 for the purchase of two (2) 2008 Ford F-550 Pickup Trucks with utility beds; and the Board authorizes the Purchasing Department to dispose of the current trucks online or through an auction service. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>ECO2 03-26-08<BR></STRONG>Trudy Rice, Chairperson for the ECO2 Commission made a presentation to the Board regarding the ECO2 Commission Implementation Report. The purpose of ECO2 is to develop a long-term plan for the expansion on industrial parks and open space in Douglas County. The ECO2 Commission facilitated a RFP process, sponsored by the City and County Commissions, to receive proposals for open space projects in Douglas County. Two requests were received. The ECO2 Commission voted to accept the Baldwin Woods Proposal as recommended by the Open Space Committee and to forward it to the City and County Commission for consideration. Regarding business and Industrial projects, the Business/Industrial Implementation Committee applied a scoring system to 12 potential areas identified for future business development in the comprehensive plan. Those sites were identified and discussed along with their scores.</P> <P>Jones stated concerns that areas located near I-70 were ranked higher than areas near K-10. Rice stated their rankings were based on information provided by the Chamber of Commerce. </P> <P>Jones also stated concerns about ranking potential development areas. He feels the Board should look at all 12 sites available. Size, economics and cost play a large role in determining which site will be developed. Johnson responded that if all sites are equal, than how do you decide which site is most appropriate. Jones replied just like we have been, look at all of them and make a decision. </P> <P>Nancy Thellman, resident, stated she is opposed to ranking industrial sites. The airport site ranked highest because of its proximity of I-70. She questions the ability for trucks to easily access the proposed development site from I-70 and she questioned the ranking based on the development costs. </P> <P>Jones stated he is concerned that ranking will become a focal point. We need to be careful at how we put numbers out. McElhaney commented that the scoring procedure is just a way to start the decision process. </P> <P>Jim Mullins, resident, stated he appreciates how ECO2 Commission has given a great deal of thought to the ranking process and that they have been objective in their criteria. He commented that if the landowner is in agreement, has met the criteria and wants to put his land into an industrial park, he should be able to do so. </P> <P>Jones stated there is no question that we need an industrial presence by I-70. However, there is some question about what area is more cost effective and the most marketable. We need to take a comprehensive look at all the potentials and decide the best option. ECO2 starts that discussion, but only starts it. Jones stated d&#160;sn’t want to see the Board get too stuck on numbers. </P> <P>Larry McElwain, Co-Chair of the Industrial Commission, stated the site ranking is an attempt to bring objectivity to the process. The committee spent weeks and months discussing the criteria and the weight each site gets. The numbers were based on the most up-to-date information they had. However, there are other factors to consider in addition to the ranking. He believes the rankings are a starting point.</P> <P>Jones stated this is the beginning of a discussion. The purpose of the discussion is to be proactive on industrial development and for open space preservation. He stated<BR>Farmland should be our focus on K-10. He stated he agrees whole heartedly that we need an industrial site near I-70. He commented that what bothers him is we now have two competing propositions brought forward by the private sector, the Schwada proposal and the Santaularia proposal. He is not sure if the Board will get an apples to apples comparison of the proposals. He would like us to use this discussion as a starting point to say to the City, let’s slow down and figure out what is the best investment, what makes the most sense, and then advance that plan. </P> <P>Johnson stated he is not in favor of slowing anything down that will preclude us from having those options in the future. We don’t have the space with access to highway I-70. We need to preserve those spaces for future development. Then, we have to manage our resources. He further commented that if we don’t have the spaces reserved for industrial development, it won’t happen. </P> <P><BR>No action taken.</P> <P><STRONG>MISCELLANEOUS 03-26-08</STRONG> <BR>It was the consensus of the Board to cancel the Wednesday, April 10, 2008 meeting. </P> <P>McElhaney moved to adjourn the meeting; Johnson seconded and the motion carried unanimously. </P> <P></P> <P>____________________________ ____________________________<BR>Bob Johnson, Chairman Jere McElhaney, Vice Chair</P> <P>ATTEST:</P> <P>_____________________________ _____________________________<BR>Jamie Shew, County Clerk Charles Jones, Member</P>

<P><BR>Johnson called the meeting to order at 8:30 a.m. on Monday, March 31, 2008 with all members present.&nbsp; </P> <P>McElhaney moved to approve the minutes for March 3, 2008. Motion was seconded by Jones and carried unanimously.&nbsp; </P> <P><STRONG>PROCLAMATION 03-31-08</STRONG><BR>Jamie Shew, County Clerk, read a proclamation proclaiming April 7, 2008 as “Douglas County Government Day.” Jones moved to approve the proclamation; McElhaney seconded and the item carried unanimously. </P> <P><STRONG>CONSENT AGENDA 03-31-08</STRONG><BR>Jones moved approval of the following Consent Agenda:<BR>&nbsp; <BR>&nbsp;&nbsp;&#9658;&nbsp;Outdoor Warning Sirens System Lease Agreements with Kanwaka Township and Lawrence Unitarian Fellowship. <BR>&nbsp;&nbsp; <BR>The motion was seconded by McElhaney and carried unanimously. </P> <P><STRONG>PLANNING 03-31-08<BR></STRONG>The Board considered approval of the Farmland Industries Redevelopment Plan as presented by Dan Warner, Lawrence-Douglas County Metropolitan Planning Department. The plan was unanimously approved by the City Commission on March 11, 2008, with two minor changes. Those changes are as follows: 1) The adding of a table to page 15 of the plan, which calls out classifications of future roads for the Farmland property; and 2) Staff has determined it would be appropriate to allow large industrial users access to arterial roads in appropriate situations. New language was added beginning on page 14 of the plan. Staff asked that the plan be updated every five years.</P> <P>Jones stated he would like to see a system that moves traffic from Farmland and the East Hills Business Park to Noria Road with an improved intersection that allows traffic to get on and off K-10.</P> <P>Jones also stated he feels the plan is very specific. Johnson agreed and commented the plan is a bit too specific, which makes it more likely that the plan will need to be changed frequently. However, it was the consensus of the Board to move the plan forward at this time. </P> <P>Jones moved to approve the Farmland Industries Redevelopment Plan with the two minor changes listed above as outlined in the plan. Motion was seconded by McElhaney and carried unanimously. <BR>&nbsp;</P> <P><STRONG>PLANNING 03-31-08</STRONG><BR>The Board considered the adoption of joint City Ordinance No. 8218/County Resolution 08-10, regarding the Farmland Industries Redevelopment Plan and&nbsp;&nbsp;&nbsp; CPA-2007-05, amending Horizon 2020, Chapter 14 Specific Plans. Dan Warner, Lawrence-Douglas County Metropolitan Planning Department, was present for the discussion.&nbsp; </P> <P>McElhaney stated that this is an onerous plan and an initial step, and that the Board will be receptive to any private interest or private development request. The Board is approving the plan, but that d&#160;sn’t mean it won’t be reviewed. The Board will entertain any ideas or suggestions from interested parties that could enhance the improvement or progression of the Farmland property. </P> <P>McElhaney moved to approve the joint City Ordinance No. 8218/Resolution No. 08-10. Motion was seconded by Jones and carried unanimously. </P> <P>McElhaney went on to state he wants the City Commission and Planning Commission to know the County Commission had this discussion, because he d&#160;s not believe they did. “It is important that this governing body let the other governing bodies know that this is a plan that is in place. We discussed it a little bit further, and that we are receptive to other ideas that may not be of our own.” Johnson stated he would go beyond receptive and use the word “encourage.” Jones commented that one step should be to open the door to private developers and then pick the best option.&nbsp; </P> <P><STRONG>PUBLIC WORKS 03-31-08<BR></STRONG>The Board considered awarding a contract for repainting the Route 1029 Bridge over the Kansas River at Lecompton. Keith Browning, Director of Public Works, was present for the discussion. Bids were opened on March 18, 2008 for removing the existing lead-based paint and repainting the steel superstructure. Seven bids were received. The low bidder is Vimas Painting of Campbell, Ohio with a total bid of $836,000. The Engineer’s Estimate was $1,110.000. Vimas’ low bid includes an Alternate A traffic control, the use of temporary traffic signals to allow northbound and southbound traffic to alternately cross the bridge. Douglas County and Jefferson County are sharing the cost for this project with share proportion of 88.74% DOCO and 11.26% Jefferson County. </P> <P>McElhaney moved to approve the low bid of $836,000.00 and to award the contract to Vimas Painting Company, Inc. for Project No. 2007-14, repainting the steel superstructure of the Kansas River Bridge at Lecompton and accepts staffs recommendation of Alternate A. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>CODE OF ETHICS 03-31-08<BR></STRONG>Jenny Hesseltine, Administrative Intern, made a presentation to the Board regarding her research and recommendation for a Code of Ethics Policy for Douglas County board members and elected officials, as requested by the Board in January 2008.</P> <P>&nbsp; Based on her findings, Hesseltine recommended two ways to enhance the current County ethics policy: 1) The policy should apply to elected officials and appointed Board members, and 2) The policy should exist in one comprehensive document.&nbsp;Hesseltine recommended three Codes for the Board to review: The Mesa, AZ Handbook for Elected Officials, Chapel Hill Ethics Guidelines and the Unified Government of Wyandotte County and KCK Code of Ethics. She recommended the Board appoint a committee, representing the departments of the County, to modify one of the documents to fit the needs of Douglas County. Jones commented that he preferred the Mesa example.</P> <P>It was the consensus of the Board that Hesseltine be responsible for setting up an&nbsp; Ethic Policy Committee to draft a policy to recommend for the Board’s approval by mid June 2008, and for Hesseltine to Chair that committee. </P> <P><STRONG>ACCOUNTS PAYABLE 03-31-08<BR></STRONG>Jones moved approval of accounts payable in the amount of $171,258.39 to be paid on 03/31/08; payroll in the amount of $748,023.08 paid on 03/28/08; FICA in the amount of $55,176.48 paid on 03/29/08; and KPERS in the amount of $65,166.20 paid on 03/29/08. Motion was seconded by McElhaney and carried unanimously. <BR>&nbsp;<BR>Jones moved to adjourn the meeting; Johnson seconded and the motion carried.&nbsp; </P> <P>&nbsp;</P> <P>____________________________&nbsp;&nbsp;&nbsp;&nbsp; ____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp; Jere McElhaney, Vice Chair</P> <P>ATTEST:</P> <P>_____________________________&nbsp;&nbsp; ____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Charles Jones, Member<BR>&nbsp;&nbsp;&nbsp; </P>

<P>Johnson called the meeting to order at 6:35 p.m. on Wednesday, April 2, 2008 with all members present.</P> <P><STRONG>CONSENT AGENDA 04-02-08</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <P>&nbsp;&#9658;&nbsp;Commission Order Nos. 08-031 and 08-032 (on file with the office of&nbsp; the Clerk);&nbsp; </P> <P>Motion was seconded by McElhaney and carried unanimously.&nbsp;&nbsp; </P> <P><STRONG>PUBLIC WORKS 04-02-08<BR></STRONG>Keith Browning, Director of Public Works, brought to the Board a draft letter for review, concerning the expansion of the 31st Street study to include areas east of O’Connell Road to Route 1057, as directed at the March 24, 2008 meeting. The Board considered language changes to the letter. It was the consensus of the Board for Browning to revise the letter for signature of the chairman and for the letter to be delivered to the Mayor of Lawrence. Rick Johnson, with Wilson &amp; Company, was also present for the discussion and explained the process they will go through to narrow down the route alternatives from Haskell to O’Connell Road and how that information will be made available for public input. </P> <P>The revised letter sent to the Mayor on April 7, 2008 is as follows:</P> <P>April 7, 2008</P> <P>Michael H. Dever, Mayor<BR>City of Lawrence<BR>City Hall<BR>6th &amp; Massachusetts<BR>Lawrence, KS 66044</P> <P>Dear Mayor Dever:</P> <P>The Board of County Commissioners (BOCC) is aware the City of Lawrence has contracted with Wilson &amp; Company, Inc. to study and complete concept phase plans for improvements to 31st Street from Haskell Avenue to O’Connell Road. It is our understanding the cost of these services is $219,330, and the City is using the $800,000 federal earmark to fund these costs. </P> <P>We think it prudent planning to consider as a whole 31st Street from Iowa Street to Route 1057 in order to ensure improvements in the Haskell-to-O’Connell segment jibe with the other segments. While the 31st Street alignment between Iowa and Haskell is well established, we feel it important to determine a recommended alignment east of O’Connell to Route 1057. We also feel it important to identify the required right-of-way needed in order to preserve the corridor, as possible, through the planning process. </P> <P>It makes fiscal sense to expand the current Haskell-to-O’Connell study as opposed to conducting as separate study for areas east of O’Connell. An expanded study to include areas east of O’Connell would also allow for more informed discussion between the City Commission and BOCC to determine:</P> <P>-&nbsp;Phasing of improvements<BR>-&nbsp;Time of phased improvements<BR>-&nbsp;Prospective funding of improvements<BR>-&nbsp;City/County collaboration on improvements</P> <P>Although the study segment length would quadruple, our Public Works Director estimates expanding the study to include the O’Connell-to-Route 1057 segment would roughly double the cost of the current study. The estimated additional cost of an expanded study is $220,000, of which the BOCC is willing to pay a disproportionate share.</P> <P>Speaking on behalf of my fellow commissioners, I request a work session with the City Commission as soon as possible to discuss expanding concept phase plan development for 31st Street to include the segment east of O’Connell Road to Route 1057.</P> <P>Respectfully,</P> <P><BR>Bob Johnson, Chair<BR>Board of County Commissioners&nbsp; </P> <P><STRONG>AGREEMENTS 04-02-08</STRONG><BR>The Board considered the approval of a second amendment to the Interlocal Agreement and Guarantee and Reimbursement Agreement at the East Hills Business Park. The contract between Douglas County Development Inc., and the City of Lawrence concerns the financing and improvement of the property comprising East Hills Business Park located in Douglas County. </P> <P>Jones moved to approve the second amendment to the Interlocal Agreement and Guarantee and Reimbursement Agreement at East Hills Business Park. Motion was seconded by McElhaney and carried unanimously. </P> <P><STRONG>PUBLIC WORKS 04-02-08<BR></STRONG>The Board considered awarding the contract for supply and application of dust palliative for 2008. Keith Browning, Director of Public Works, was present for the discussion. Bids were opened on March 27, 2008, with two suppliers submitting bids as follows: </P> <P>. <TABLE class=MsoTableGrid style="BORDER-RIGHT: medium none; BORDER-TOP: medium none; MARGIN: auto auto auto 40.05pt; BORDER-LEFT: medium none; WIDTH: 72.46%; BORDER-BOTTOM: medium none; BORDER-COLLAPSE: collapse; mso-border-alt: solid windowtext .5pt; mso-yfti-tbllook: 480; mso-padding-alt: 0in 5.4pt 0in 5.4pt; mso-border-insideh: .5pt solid windowtext; mso-border-insidev: .5pt solid windowtext" cellSpacing=0 cellPadding=0 width="72%" border=1> <THEAD> <TR style="HEIGHT: 14.55pt; mso-yfti-irow: 0"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: windowtext 1pt solid; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 41.9%; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.55pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt" vAlign=top width="41%"> <P class=MsoBodyText style="MARGIN: 0in 0in 0pt; tab-stops: .25in .5in 45.0pt 67.5pt 131.85pt"><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-SIZE: 9pt; FONT-FAMILY: Arial">Scotwood Industries, Inc.: &#160;<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: windowtext 1pt solid; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 20.36%; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.55pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=top width="20%"> <P class=MsoBodyText style="MARGIN: 0in 0in 0pt; tab-stops: .25in .5in 45.0pt 67.5pt 131.85pt"><SPAN style="FONT-SIZE: 9pt; FONT-FAMILY: Arial"><o:p>&nbsp;</o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: windowtext 1pt solid; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 17.54%; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.55pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=top width="17%"> <P class=MsoBodyText style="MARGIN: 0in 0in 0pt; tab-stops: .25in .5in 45.0pt 67.5pt 131.85pt"><SPAN style="FONT-SIZE: 9pt; FONT-FAMILY: Arial"><o:p>&nbsp;</o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: windowtext 1pt solid; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 20.2%; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.55pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=top width="20%"> <P class=MsoBodyText style="MARGIN: 0in 0in 0pt; tab-stops: .25in .5in 45.0pt 67.5pt 131.85pt"><SPAN style="FONT-SIZE: 9pt; FONT-FAMILY: Arial"><o:p>&nbsp;</o:p></SPAN></P></TD></TR></THEAD> <TBODY> <TR style="HEIGHT: 14.55pt; mso-yfti-irow: 1"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 41.9%; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.55pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width="41%"> <P class=MsoBodyText style="MARGIN: 0in 0in 0pt; tab-stops: .25in .5in 45.0pt 67.5pt 131.85pt"><SPAN style="FONT-SIZE: 9pt; FONT-FAMILY: Arial">Item<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 20.36%; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.55pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width="20%"> <P class=MsoBodyText style="MARGIN: 0in 0in 0pt; tab-stops: .25in .5in 45.0pt 67.5pt 131.85pt"><SPAN style="FONT-SIZE: 9pt; FONT-FAMILY: Arial">Quantity<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 17.54%; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.55pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width="17%"> <P class=MsoBodyText style="MARGIN: 0in 0in 0pt; tab-stops: .25in .5in 45.0pt 67.5pt 131.85pt"><SPAN style="FONT-SIZE: 9pt; FONT-FAMILY: Arial">Unit Price<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 20.2%; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.55pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width="20%"> <P class=MsoBodyText style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; tab-stops: .25in .5in 45.0pt 67.5pt 131.85pt" align=right><SPAN style="FONT-SIZE: 9pt; FONT-FAMILY: Arial">Total Price<o:p></o:p></SPAN></P></TD></TR> <TR style="HEIGHT: 14.55pt; mso-yfti-irow: 2"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 41.9%; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.55pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width="41%"> <P class=MsoBodyText style="MARGIN: 0in 0in 0pt; tab-stops: .25in .5in 45.0pt 67.5pt 131.85pt"><SPAN style="FONT-SIZE: 9pt; FONT-FAMILY: Arial">32% MgCl<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 20.36%; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.55pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width="20%"> <P class=MsoBodyText style="MARGIN: 0in 0in 0pt; tab-stops: .25in .5in 45.0pt 67.5pt 131.85pt"><SPAN style="FONT-SIZE: 9pt; FONT-FAMILY: Arial">75,000 gal<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 17.54%; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.55pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width="17%"> <P class=MsoBodyText style="MARGIN: 0in 0in 0pt; tab-stops: .25in .5in 45.0pt 67.5pt 131.85pt"><SPAN style="FONT-SIZE: 9pt; FONT-FAMILY: Arial">$0.749<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 20.2%; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.55pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width="20%"> <P class=MsoBodyText style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; tab-stops: .25in .5in 45.0pt 67.5pt 131.85pt" align=right><SPAN style="FONT-SIZE: 9pt; FONT-FAMILY: Arial">$56,175.00<o:p></o:p></SPAN></P></TD></TR> <TR style="HEIGHT: 15.5pt; mso-yfti-irow: 3"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 41.9%; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 15.5pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width="41%"> <P class=MsoBodyText style="MARGIN: 0in 0in 0pt; tab-stops: .25in .5in 45.0pt 67.5pt 131.85pt"><SPAN style="FONT-SIZE: 9pt; FONT-FAMILY: Arial">35% CaCl<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 20.36%; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 15.5pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width="20%"> <P class=MsoBodyText style="MARGIN: 0in 0in 0pt; tab-stops: .25in .5in 45.0pt 67.5pt 131.85pt"><SPAN style="FONT-SIZE: 9pt; FONT-FAMILY: Arial">75,000 gal<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 17.54%; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 15.5pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width="17%"> <P class=MsoBodyText style="MARGIN: 0in 0in 0pt; tab-stops: .25in .5in 45.0pt 67.5pt 131.85pt"><SPAN style="FONT-SIZE: 9pt; FONT-FAMILY: Arial">$0.990<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 20.2%; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 15.5pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width="20%"> <P class=MsoBodyText style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; tab-stops: .25in .5in 45.0pt 67.5pt 131.85pt" align=right><SPAN style="FONT-SIZE: 9pt; FONT-FAMILY: Arial">$74,250.00<o:p></o:p></SPAN></P></TD></TR> <TR style="HEIGHT: 14.55pt; mso-yfti-irow: 4"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 41.9%; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.55pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width="41%"> <P class=MsoBodyText style="MARGIN: 0in 0in 0pt; tab-stops: .25in .5in 45.0pt 67.5pt 131.85pt"><SPAN style="FONT-SIZE: 9pt; FONT-FAMILY: Arial"><o:p>&nbsp;</o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 20.36%; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.55pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width="20%"> <P class=MsoBodyText style="MARGIN: 0in 0in 0pt; tab-stops: .25in .5in 45.0pt 67.5pt 131.85pt"><SPAN style="FONT-SIZE: 9pt; FONT-FAMILY: Arial"><o:p>&nbsp;</o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 17.54%; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.55pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width="17%"> <P class=MsoBodyText style="MARGIN: 0in 0in 0pt; tab-stops: .25in .5in 45.0pt 67.5pt 131.85pt"><SPAN style="FONT-SIZE: 9pt; FONT-FAMILY: Arial"><o:p>&nbsp;</o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 20.2%; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.55pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width="20%"> <P class=MsoBodyText style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; tab-stops: .25in .5in 45.0pt 67.5pt 131.85pt" align=right><SPAN style="FONT-SIZE: 9pt; FONT-FAMILY: Arial"><o:p>&nbsp;</o:p></SPAN></P></TD></TR> <TR style="HEIGHT: 14.55pt; mso-yfti-irow: 5"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 41.9%; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.55pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width="41%"> <P class=MsoBodyText style="MARGIN: 0in 0in 0pt; tab-stops: .25in .5in 45.0pt 67.5pt 131.85pt"><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-SIZE: 9pt; FONT-FAMILY: Arial">Knight Chemical LLC:<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 20.36%; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.55pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width="20%"> <P class=MsoBodyText style="MARGIN: 0in 0in 0pt; tab-stops: .25in .5in 45.0pt 67.5pt 131.85pt"><SPAN style="FONT-SIZE: 9pt; FONT-FAMILY: Arial"><o:p>&nbsp;</o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 17.54%; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.55pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width="17%"> <P class=MsoBodyText style="MARGIN: 0in 0in 0pt; tab-stops: .25in .5in 45.0pt 67.5pt 131.85pt"><SPAN style="FONT-SIZE: 9pt; FONT-FAMILY: Arial"><o:p>&nbsp;</o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 20.2%; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.55pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width="20%"> <P class=MsoBodyText style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; tab-stops: .25in .5in 45.0pt 67.5pt 131.85pt" align=right><SPAN style="FONT-SIZE: 9pt; FONT-FAMILY: Arial"><o:p>&nbsp;</o:p></SPAN></P></TD></TR> <TR style="HEIGHT: 15.5pt; mso-yfti-irow: 6"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 41.9%; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 15.5pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width="41%"> <P class=MsoBodyText style="MARGIN: 0in 0in 0pt; tab-stops: .25in .5in 45.0pt 67.5pt 131.85pt"><SPAN style="FONT-SIZE: 9pt; FONT-FAMILY: Arial">Item<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 20.36%; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 15.5pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width="20%"> <P class=MsoBodyText style="MARGIN: 0in 0in 0pt; tab-stops: .25in .5in 45.0pt 67.5pt 131.85pt"><SPAN style="FONT-SIZE: 9pt; FONT-FAMILY: Arial">Quantity<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 17.54%; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 15.5pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width="17%"> <P class=MsoBodyText style="MARGIN: 0in 0in 0pt; tab-stops: .25in .5in 45.0pt 67.5pt 131.85pt"><SPAN style="FONT-SIZE: 9pt; FONT-FAMILY: Arial">Unit Price<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 20.2%; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 15.5pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width="20%"> <P class=MsoBodyText style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; tab-stops: .25in .5in 45.0pt 67.5pt 131.85pt" align=right><SPAN style="FONT-SIZE: 9pt; FONT-FAMILY: Arial">Total Price<o:p></o:p></SPAN></P></TD></TR> <TR style="HEIGHT: 14.55pt; mso-yfti-irow: 7; mso-yfti-lastrow: yes"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 41.9%; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.55pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width="41%"> <P class=MsoBodyText style="MARGIN: 0in 0in 0pt; tab-stops: .25in .5in 45.0pt 67.5pt 131.85pt"><SPAN style="FONT-SIZE: 9pt; FONT-FAMILY: Arial">38% CaCl<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 20.36%; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.55pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width="20%"> <P class=MsoBodyText style="MARGIN: 0in 0in 0pt; tab-stops: .25in .5in 45.0pt 67.5pt 131.85pt"><SPAN style="FONT-SIZE: 9pt; FONT-FAMILY: Arial">75,000 gal<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 17.54%; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.55pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width="17%"> <P class=MsoBodyText style="MARGIN: 0in 0in 0pt; tab-stops: .25in .5in 45.0pt 67.5pt 131.85pt"><SPAN style="FONT-SIZE: 9pt; FONT-FAMILY: Arial">$1.050<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 20.2%; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.55pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width="20%"> <P class=MsoBodyText style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; tab-stops: .25in .5in 45.0pt 67.5pt 131.85pt" align=right><SPAN style="FONT-SIZE: 9pt; FONT-FAMILY: Arial">$78,750.00<o:p></o:p></SPAN></P></TD></TR></TBODY></TABLE></P> <P>The low bid unit price from Scotwood Industries reflects an 11.75% increase from last year’s low bid unit price due to a material cost increase. </P> <P>Johnson moved to accept the low bid and award the contract for supply and application of 32% magnesium chloride solution for the user free dust palliative program to Scotwood Industries at the unit cost of $0.749 per gallon, and authorize the Public Works Director to overrun the funds received up to 5%. Motion was seconded by Jones and carried unanimously.&nbsp; </P> <P><STRONG>PUBLIC WORKS 04-02-08<BR></STRONG>The Board considered awarding the 2008 Chip Seal contract for county roads, DGCO Project No. 2008-1. Keith Browning, Director of Public Works, was present for the discussion. Bids were opened April 1, 2008 with four contractors submitting bids. Staff recommends the Board accept the low base bid from Vance Brothers, Inc. The contract is renewable for up to two additional years through 2010. The Road and Bridge Fund 201 has $770,000 allocated for contract sealing.&nbsp; </P> <P>McElhaney moved to accept the low bid from Vance Brothers, Inc. in the amount of $725,756.62 to seal approximately forty-five (45) miles of county roads in 2008, and authorize the Public Works Director to approve change orders totaling up to 5% of the contract amount. Motion was seconded by Jones and carried unanimously.&nbsp;&nbsp; </P> <P><STRONG>MISCELLANEOUS 04-02-08</STRONG><BR>Jones moved to authorize McElhaney to make the final decisions regarding the repairing of structural beam damage found in the attic of the courthouse. Motion was seconded by Johnson and carried unanimously. </P> <P><STRONG>ACCOUNTS PAYABLE 04-02-08<BR></STRONG>Jones moved to approve a wire transfer in the amount of $305,080.70 to be paid on 04/02/08. Motion was seconded by McElhaney and carried unanimously.&nbsp; </P> <P>JM moved to adjourn the meeting; BJ seconded and the motion carried.&nbsp; </P> <P>&nbsp;</P> <P>____________________________&nbsp;&nbsp;&nbsp;&nbsp; ____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Vice Chair</P> <P>ATTEST:</P> <P>_____________________________&nbsp;&nbsp; _____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member&nbsp;&nbsp;&nbsp; <BR></P>

<P>&nbsp; </P> <P><BR>McElhaney called the meeting to order at 9:00 a.m. on Friday, April 4, 2008. Commissioner Jones was absent. The purpose of the Special Meeting was to canvas the results of both the USD 497 Special Election and the Lecompton City General Election, which were held on April 1, 2008. In the absence of Commissioner Jones, Johnson moved to appoint Kay Pesnell, Douglas County Register of Deeds, to serve as canvasser. McElhaney seconded the motion and it carried unanimously.</P> <P>McElhaney moved to accept the tabulation totals as recommended by the County Clerk’s office. The motion was seconded by Johnson and carried unanimously.</P> <P>There were 75 provisional ballots. Jamie Shew, County Clerk, broke the provisional votes into the follow categories:</P> <P> <TABLE class=MsoNormalTable style="MARGIN: auto 6.75pt; BORDER-COLLAPSE: collapse; mso-table-layout-alt: fixed; mso-table-lspace: 9.0pt; mso-table-rspace: 9.0pt; mso-table-anchor-vertical: paragraph; mso-table-anchor-horizontal: margin; mso-table-left: left; mso-table-top: 7.5pt; mso-padding-alt: 0in 5.4pt 0in 5.4pt" cellSpacing=0 cellPadding=0 align=left border=0> <TBODY> <TR style="HEIGHT: 14.15pt; mso-yfti-irow: 0"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: windowtext 1pt solid; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 248.95pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt" vAlign=top width=332> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly"><B style="mso-bidi-font-weight: normal"><U><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">Recommended to Count&#160;<o:p></o:p></SPAN></U></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: windowtext 1pt solid; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">Elec Day <o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: windowtext 1pt solid; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 64.3pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=top width=86> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">Advance<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: windowtext 1pt solid; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 64.15pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=top width=86> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">Totals<o:p></o:p></SPAN></B></P></TD></TR> <TR style="HEIGHT: 13.4pt; mso-yfti-irow: 1"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 248.95pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 13.4pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=332> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly"><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">Change of address<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 13.4pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">39<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 64.3pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 13.4pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=86> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">1<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 64.15pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 13.4pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=86> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">40<o:p></o:p></SPAN></P></TD></TR> <TR style="HEIGHT: 13.55pt; mso-yfti-irow: 2"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 248.95pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 13.55pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=332> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly"><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">Name Change<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 13.55pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">1<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 64.3pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 13.55pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=86> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">0<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 64.15pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 13.55pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=86> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">1<o:p></o:p></SPAN></P></TD></TR> <TR style="HEIGHT: 13.55pt; mso-yfti-irow: 3"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 248.95pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 13.55pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=332> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly"><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">Pollworker or Clerk’s error<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 13.55pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">2<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 64.3pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 13.55pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=86> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">1<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 64.15pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 13.55pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=86> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">3<o:p></o:p></SPAN></P></TD></TR> <TR style="HEIGHT: 14.15pt; mso-yfti-irow: 4"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 248.95pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=332> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly"><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">Wrong Precinct <o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">16<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 64.3pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=86> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">0<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 64.15pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=86> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">16<o:p></o:p></SPAN></P></TD></TR> <TR style="HEIGHT: 14.15pt; mso-yfti-irow: 5"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 248.95pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=332> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><SPAN style="mso-spacerun: yes">&nbsp;</SPAN>Total<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">58<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 64.3pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=86> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">2<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 64.15pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=86> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">60<o:p></o:p></SPAN></P></TD></TR> <TR style="HEIGHT: 16pt; mso-yfti-irow: 6"> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 248.95pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 16pt; BACKGROUND-COLOR: transparent; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=332> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p>&nbsp;</o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 16pt; BACKGROUND-COLOR: transparent; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p>&nbsp;</o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 64.3pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 16pt; BACKGROUND-COLOR: transparent; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=86> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p>&nbsp;</o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 64.15pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 16pt; BACKGROUND-COLOR: transparent; mso-border-top-alt: solid windowtext .5pt; mso-border-bottom-alt: solid windowtext .5pt" vAlign=top width=86> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p>&nbsp;</o:p></SPAN></B></P></TD></TR> <TR style="HEIGHT: 16pt; mso-yfti-irow: 7"> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 248.95pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 16pt; BACKGROUND-COLOR: transparent" vAlign=top width=332> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">Total to Count<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 16pt; BACKGROUND-COLOR: transparent" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p>&nbsp;</o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 64.3pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 16pt; BACKGROUND-COLOR: transparent; mso-border-right-alt: solid windowtext .5pt" vAlign=top width=86> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p>&nbsp;</o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 64.15pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 16pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=86> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">60<o:p></o:p></SPAN></B></P></TD></TR> <TR style="HEIGHT: 14.15pt; mso-yfti-irow: 8"> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 248.95pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt" vAlign=top width=332> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><U><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p><SPAN style="TEXT-DECORATION: none">&nbsp;</SPAN></o:p></SPAN></U></B></P></TD> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p>&nbsp;</o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 64.3pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt" vAlign=top width=86> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p>&nbsp;</o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 64.15pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-top-alt: solid windowtext .5pt; mso-border-bottom-alt: solid windowtext .5pt" vAlign=top width=86> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p>&nbsp;</o:p></SPAN></P></TD></TR> <TR style="HEIGHT: 14.15pt; mso-yfti-irow: 9"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 248.95pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=332> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly"><B style="mso-bidi-font-weight: normal"><U><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">Recommended Not to Count<o:p></o:p></SPAN></U></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">Elec Day<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 64.3pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=86> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">Advance<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 64.15pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=86> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">Totals<o:p></o:p></SPAN></B></P></TD></TR> <TR style="HEIGHT: 14.15pt; mso-yfti-irow: 10"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 248.95pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=332> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly"><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">Not Registered in </SPAN><1/2xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" /><st1:place><st1:PlaceName><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">Douglas</SPAN></st1:PlaceName><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"> </SPAN><st1:PlaceName><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">County</SPAN></st1:PlaceName></st1:place><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">8<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 64.3pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=86> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">0<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 64.15pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=86> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">8<o:p></o:p></SPAN></P></TD></TR> <TR style="HEIGHT: 14.15pt; mso-yfti-irow: 11"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 248.95pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=332> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly"><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">Do not live in 497 district<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">4<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 64.3pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=86> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">0<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 64.15pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=86> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">4<o:p></o:p></SPAN></P></TD></TR> <TR style="HEIGHT: 14.15pt; mso-yfti-irow: 12"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 248.95pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=332> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly"><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">Did not provide ID<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">1<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 64.3pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=86> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">0<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 64.15pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=86> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">1<o:p></o:p></SPAN></P></TD></TR> <TR style="HEIGHT: 14.15pt; mso-yfti-irow: 13"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 248.95pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=332> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">Total<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">13<SPAN style="mso-spacerun: yes">&nbsp;&nbsp;&nbsp; </SPAN><o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 64.3pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=86> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-INDENT: -109.3pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly"><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">Total<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 64.15pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=86> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">13<o:p></o:p></SPAN></P></TD></TR> <TR style="HEIGHT: 17.35pt; mso-yfti-irow: 14"> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 248.95pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 17.35pt; BACKGROUND-COLOR: transparent; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=332> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p>&nbsp;</o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 17.35pt; BACKGROUND-COLOR: transparent; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p>&nbsp;</o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 64.3pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 17.35pt; BACKGROUND-COLOR: transparent; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=86> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p>&nbsp;</o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 64.15pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 17.35pt; BACKGROUND-COLOR: transparent; mso-border-top-alt: solid windowtext .5pt; mso-border-bottom-alt: solid windowtext .5pt" vAlign=top width=86> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p>&nbsp;</o:p></SPAN></B></P></TD></TR> <TR style="HEIGHT: 14.15pt; mso-yfti-irow: 15"> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 248.95pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent" vAlign=top width=332> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">Total Not to Count<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p>&nbsp;</o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 64.3pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-right-alt: solid windowtext .5pt" vAlign=top width=86> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p>&nbsp;</o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 64.15pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=86> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">13<o:p></o:p></SPAN></B></P></TD></TR> <TR style="HEIGHT: 14.15pt; mso-yfti-irow: 16"> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 248.95pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt" vAlign=top width=332> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p>&nbsp;</o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p>&nbsp;</o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 64.3pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt" vAlign=top width=86> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p>&nbsp;</o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 64.15pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-top-alt: solid windowtext .5pt; mso-border-bottom-alt: solid windowtext .5pt" vAlign=top width=86> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p>&nbsp;</o:p></SPAN></B></P></TD></TR> <TR style="HEIGHT: 14.15pt; mso-yfti-irow: 17"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 248.95pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=332> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly"><B style="mso-bidi-font-weight: normal"><U><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">No Recommendation<o:p></o:p></SPAN></U></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">Elec Day<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 64.3pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=86> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">Advance<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 64.15pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=86> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">Totals<o:p></o:p></SPAN></B></P></TD></TR> <TR style="HEIGHT: 14.15pt; mso-yfti-irow: 18"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 248.95pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=332> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly"><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">Polling Place Time Discrepancy<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">1<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 64.3pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=86> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">0<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 64.15pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=86> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">1<o:p></o:p></SPAN></P></TD></TR> <TR style="HEIGHT: 14.15pt; mso-yfti-irow: 19"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 248.95pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=332> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly"><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">Undetermined (info in envelope)<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">1<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 64.3pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=86> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">0<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 64.15pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=86> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">1<o:p></o:p></SPAN></P></TD></TR> <TR style="HEIGHT: 14.15pt; mso-yfti-irow: 20"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 248.95pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=332> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly"><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p>&nbsp;</o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">2<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 64.3pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=86> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">0<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 64.15pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=86> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">2<o:p></o:p></SPAN></P></TD></TR> <TR style="HEIGHT: 14.15pt; mso-yfti-irow: 21"> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 248.95pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=332> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly"><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p>&nbsp;</o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p>&nbsp;</o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 64.3pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=86> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p>&nbsp;</o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 64.15pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=86> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p>&nbsp;</o:p></SPAN></P></TD></TR> <TR style="HEIGHT: 14.15pt; mso-yfti-irow: 22"> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 248.95pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent" vAlign=top width=332> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly"><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><SPAN style="mso-spacerun: yes">&nbsp;</SPAN><o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p>&nbsp;</o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 64.3pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent" vAlign=top width=86> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p>&nbsp;</o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 64.15pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt" vAlign=top width=86> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p>&nbsp;</o:p></SPAN></P></TD></TR> <TR style="HEIGHT: 14.15pt; mso-yfti-irow: 23"> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 248.95pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent" vAlign=top width=332> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">No Recommendation<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><SPAN style="mso-spacerun: yes">&nbsp;</SPAN><o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 64.3pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-right-alt: solid windowtext .5pt" vAlign=top width=86> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p>&nbsp;</o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 64.15pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=86> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">2<o:p></o:p></SPAN></B></P></TD></TR> <TR style="HEIGHT: 14.15pt; mso-yfti-irow: 24; mso-yfti-lastrow: yes"> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 248.95pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent" vAlign=top width=332> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">Total Provisional Ballots<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><SPAN style="mso-spacerun: yes">&nbsp;</SPAN><o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 64.3pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-right-alt: solid windowtext .5pt" vAlign=top width=86> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p>&nbsp;</o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 64.15pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=86> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">75<o:p></o:p></SPAN></B></P></TD></TR></TBODY></TABLE></P> <P>&nbsp;</P> <P>&nbsp;</P> <P>&nbsp;</P> <P>&nbsp;</P> <P>&nbsp;</P> <P>&nbsp;</P> <P>&nbsp;</P> <P>&nbsp;</P> <P>&nbsp;</P> <P>&nbsp;</P> <P>&nbsp;</P> <P>&nbsp;</P> <P>&nbsp;</P> <P>&nbsp;</P> <P>&nbsp;</P> <P>Johnson moved to not count the “recommended not to count” ballots as recommended by the County Clerk. Motion was seconded by McElhaney and carried unanimously.</P> <P>Johnson moved to authorize the County Clerk to open the “undetermined (info in envelope) ballot and for the County Clerk to determine if the ballot can be counted. Motion was seconded by McElhaney and carried unanimously. The Clerk determined the ballot was readable and could be counted.</P> <P>Johnson moved approval to count sixty (60) provisional ballots as recommended by Shew, plus the “Polling Place Time Discrepancy” ballot and the “Undetermined (info in envelope)” ballot, making the total provisional ballot count sixty-two (62). Motion was seconded by Pesnell and carried unanimously. </P> <P>It should be noted that after the additional ballots were counted, the election outcome was not changed. </P> <P>No errors were found.</P> <P>Johnson moved to adjourn the meeting; McElhaney seconded and the motion&nbsp;carried unanimously.</P> <P><BR>_____________________________&nbsp;&nbsp;&nbsp; _____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Vice Chair</P> <P>ATTEST:</P> <P>_____________________________&nbsp;&nbsp;&nbsp; _____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp; Kay Pesnell, Register of Deeds</P>

<P><BR><BR>Johnson called the meeting to order at 6:35 p.m. on Wednesday, January 16, 2008 with two members present. McElhaney arrived at 6:45 p.m.</P> <P><STRONG>CONSENT AGENDA 01-16-08</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <P>&#9658; Commission Order Nos. 08-006 and 08-007; (on file with the office of the Clerk); and<BR>&#9658; Emergency Vehicle Permit Renewal for Donovan Thornton; and<BR>&#9658; Sanitary Sewer Easement requested by the City of Lawrence in East Hills Business Park for the Southeast Lawrence Sanitary Sewer Main Benefit District Nos. 1, 2 &amp; 3 DGCP Project Nos. 2006-13, 2006-13A, 2006-14 and 2006-15 as discussed at the January 14, 2008 meeting.</P> <P>The motion was seconded by Johnson and carried 2-0.</P> <P><STRONG>TREASURER 01-16-08<BR></STRONG>The Board considered the approval of a part-time County Treasurer’s Office in Baldwin City to be located in the Baldwin City Market. Paula Gilchrist, County Treasurer, was present for the discussion. The office would operate one week out of every month. If approved, the BOCC would lease space from the Baldwin State Bank, also located within the Baldwin City Market. Monthly expenses include $150 for rent, $100 for internet hookup and $125 per staff mileage. The term of the lease would commence January 1, 2008 through December 31, 2008. These expenses can be covered with funds available in the 2008 Treasurer’s General and Motor Vehicle Operating Fund budget.</P> <P>Jones moved to approve the lease agreement with Baldwin State Bank. The motion was seconded by McElhaney, with the condition to review the lease after one year for the possibility of a new location, and the motion carried 3-0.</P> <P><STRONG>RURAL WATER DISTRICT NO. 4</STRONG> <STRONG>01-16-08</STRONG><BR>Scott Schultz, District Administrator for Rural Water District No. 4, presented the Board with a petition for attachment of lands to Rural Water District No. 4 for property owners William D. Watkins; Daniel M Fuller, Trustee; and Kenneth W. Mitchell. </P> <P>Johnson asked how far the requested land attachments are from Baldwin City. Schultz stated 4.3 miles east of Baldwin. Jones stated he would like to see the Rural Water District No. 4 boundaries squared off and a conceptual map in place so landowners have an idea of where water is available. </P> <P>Jones moved to approve the proposed attachment of lands to the Rural Water District No. 4 with legal descriptions as follows: </P> <P>A tract beginning at the Northeast corner of the Northeast Quarter of Section Thirty-three (33), Township Fourteen (14), Range Twenty-one (21), thence West 25 Rods; thence South 32 Rods; thence East 25 Rods; thence North 32 Rods to the place of beginning. (Mitchell)</P> <P>The Northwest Quarter of the Northwest Quarter of Section 34, Township 14 South, Range 21 East of the 6th Principal Meridian, in Douglas County, Kansas (Watkins)</P> <P>The East 1/2 of the Northwest Quarter, less the East 40 acres thereof, in Section 34, Township 14 South, Range 21 East of the 6th P.M. subject to easements, reservations, restrictions, and covenants of record, if any. (Fuller) </P> <P>McElhaney seconded the motion and it carried 3-0.</P> <P><STRONG>ACCOUNTS PAYABLE 01-16-08</STRONG><BR>Jones moved approval of accounts payable manual checks in the amounts of $50.00 paid on 01/16/08, and $18,715.10 paid on 01/14/08; a wire transfer in the amount of $580,000.00 paid on 01/15/08. Motion was seconded by JM and carried unanimously.</P> <P><STRONG>APPOINTMENTS 01-16-08</STRONG><BR>Jones moved to confirm the following appointments to the Douglas County Fire District No. 1 Board:</P> <P>Position One: Danny Edington, term to expire 12/31/10; Position Two: Roy Pasley, term to expire 12/31/09; Position Three: Jay Robertson, term to expire 12/31/08; Position Four: Gregg Sledd, term to expire 12/31/08; and Position Five: Paul Hamersky, term to expire 12/31/09. Motion was seconded by McElhaney and carried 3-0. </P> <P>Jones moved to adjourn the meeting; McElhaney seconded and the motion carried. </P> <P></P> <P>____________________________&nbsp;&nbsp;&nbsp; ____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Vice Chair</P> <P>ATTEST:</P> <P>_____________________________ ____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member<BR><BR></P>

<P>&nbsp;</P> <P>Johnson called the meeting to order at 8:20 a.m. on Monday, February 11, 2008 with all members present.&nbsp; </P> <P>At 8:20 a.m., Johnson moved that the Board recess into Executive Session until 8:30 a.m. to discuss a matter, which would be deemed, privileged under the attorney-client relationship. The justification is to maintain attorney client privilege on a matter involving Douglas County. Other attendees included: Evan Ice, County Counselor; Christopher Burger, Counselor; Craig Weinaug, County Administrator; Pam Madl, Assistant County Administrator; Sandra Day, Lawrence-Douglas County Metropolitan Planning Department; and Jenny Hesseltine, Administrative Intern. Motion was seconded by Jones and carried unanimously.</P> <P>At 8:30 a.m., Johnson moved for the Board to return to regular session; Jones seconded and the motion carried. No action was taken..</P> <P><STRONG>CONSENT AGENDA 02-11-08</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <P>&nbsp;&#9658;&nbsp;Commission Order No. 08-013 and 08-014 (on file with the office of the Clerk); and<BR>&nbsp;&#9658;&nbsp; Cereal Malt Beverage Licenses to Clinton Marina and Clinton Marina Grille both located at 1329 E 800 Road, Lawrence, Kansas;<BR>&nbsp;&#9658; &nbsp;Acceptance of low bid for noxious weed herbicides suppliers as follows:&nbsp;<BR></P> <P class=a style="MARGIN: 0in 0in 0pt 0.75in; TEXT-INDENT: -0.75in; TEXT-ALIGN: left; mso-pagination: widow-orphan; tab-stops: -1.0in -.5in 1.0in 2.0in 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in 8.0in 8.5in 9.0in 9.5in 10.0in 10.5in 11.0in 11.5in 12.0in 12.5in 13.0in" align=left><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">&#160;<o:p>&nbsp;</o:p></SPAN></B></P> <P> <TABLE class=MsoTableGrid style="BORDER-RIGHT: medium none; BORDER-TOP: medium none; MARGIN: auto auto auto 57.7pt; BORDER-LEFT: medium none; WIDTH: 392.85pt; BORDER-BOTTOM: medium none; BORDER-COLLAPSE: collapse; mso-border-alt: solid windowtext .5pt; mso-yfti-tbllook: 480; mso-padding-alt: 0in 5.4pt 0in 5.4pt; mso-border-insideh: .5pt solid windowtext; mso-border-insidev: .5pt solid windowtext" cellSpacing=0 cellPadding=0 width=524 border=1> <TBODY> <TR style="HEIGHT: 12.8pt; mso-yfti-irow: 0"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: windowtext 1pt solid; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 76.2pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 12.8pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt" vAlign=top width=102> <P class=a style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: left; mso-pagination: widow-orphan; tab-stops: -1.0in -.5in 1.0in 2.0in 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in 8.0in 8.5in 9.0in 9.5in 10.0in 10.5in 11.0in 11.5in 12.0in 12.5in 13.0in" align=left><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-SIZE: 10pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">Herbicide<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: windowtext 1pt solid; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 60.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 12.8pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=top width=81> <P class=a style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: left; mso-pagination: widow-orphan; tab-stops: -1.0in -.5in 1.0in 2.0in 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in 8.0in 8.5in 9.0in 9.5in 10.0in 10.5in 11.0in 11.5in 12.0in 12.5in 13.0in" align=left><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-SIZE: 10pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">Quantity<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: windowtext 1pt solid; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 58.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 12.8pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=top width=78> <P class=a style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: left; mso-pagination: widow-orphan; tab-stops: -1.0in -.5in 1.0in 2.0in 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in 8.0in 8.5in 9.0in 9.5in 10.0in 10.5in 11.0in 11.5in 12.0in 12.5in 13.0in" align=left><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-SIZE: 10pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">Unit Cost<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: windowtext 1pt solid; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 71.35pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 12.8pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=top width=95> <P class=a style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: left; mso-pagination: widow-orphan; tab-stops: -1.0in -.5in 1.0in 2.0in 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in 8.0in 8.5in 9.0in 9.5in 10.0in 10.5in 11.0in 11.5in 12.0in 12.5in 13.0in" align=left><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-SIZE: 10pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">Total Cost<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: windowtext 1pt solid; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 126.3pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 12.8pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=top width=168> <P class=a style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: left; mso-pagination: widow-orphan; tab-stops: -1.0in -.5in 1.0in 2.0in 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in 8.0in 8.5in 9.0in 9.5in 10.0in 10.5in 11.0in 11.5in 12.0in 12.5in 13.0in" align=left><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-SIZE: 10pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">Vendor<o:p></o:p></SPAN></B></P></TD></TR> <TR style="HEIGHT: 12.8pt; mso-yfti-irow: 1"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 76.2pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 12.8pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=102> <P class=a style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: left; mso-pagination: widow-orphan; tab-stops: -1.0in -.5in 1.0in 2.0in 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in 8.0in 8.5in 9.0in 9.5in 10.0in 10.5in 11.0in 11.5in 12.0in 12.5in 13.0in" align=left><SPAN style="FONT-SIZE: 10pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">Glyphosate<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 60.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 12.8pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=81> <P class=a style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-pagination: widow-orphan; tab-stops: -1.0in -.5in 1.0in 2.0in 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in 8.0in 8.5in 9.0in 9.5in 10.0in 10.5in 11.0in 11.5in 12.0in 12.5in 13.0in" align=right><SPAN style="FONT-SIZE: 10pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">600 gal.<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 58.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 12.8pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=78> <P class=a style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-pagination: widow-orphan; tab-stops: -1.0in -.5in 1.0in 2.0in 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in 8.0in 8.5in 9.0in 9.5in 10.0in 10.5in 11.0in 11.5in 12.0in 12.5in 13.0in" align=right><SPAN style="FONT-SIZE: 10pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">$19.60<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 71.35pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 12.8pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=95> <P class=a style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-pagination: widow-orphan; tab-stops: -1.0in -.5in 1.0in 2.0in 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in 8.0in 8.5in 9.0in 9.5in 10.0in 10.5in 11.0in 11.5in 12.0in 12.5in 13.0in" align=right><SPAN style="FONT-SIZE: 10pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">$11,760.00<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 126.3pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 12.8pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=168> <P class=a style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: left; mso-pagination: widow-orphan; tab-stops: -1.0in -.5in 1.0in 2.0in 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in 8.0in 8.5in 9.0in 9.5in 10.0in 10.5in 11.0in 11.5in 12.0in 12.5in 13.0in" align=left><SPAN style="FONT-SIZE: 10pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">Vegetation Management<o:p></o:p></SPAN></P></TD></TR> <TR style="HEIGHT: 12.8pt; mso-yfti-irow: 2"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 76.2pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 12.8pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=102> <P class=a style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: left; mso-pagination: widow-orphan; tab-stops: -1.0in -.5in 1.0in 2.0in 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in 8.0in 8.5in 9.0in 9.5in 10.0in 10.5in 11.0in 11.5in 12.0in 12.5in 13.0in" align=left><SPAN style="FONT-SIZE: 10pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">Remedy<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 60.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 12.8pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=81> <P class=a style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-pagination: widow-orphan; tab-stops: -1.0in -.5in 1.0in 2.0in 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in 8.0in 8.5in 9.0in 9.5in 10.0in 10.5in 11.0in 11.5in 12.0in 12.5in 13.0in" align=right><SPAN style="FONT-SIZE: 10pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">72 gal.<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 58.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 12.8pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=78> <P class=a style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-pagination: widow-orphan; tab-stops: -1.0in -.5in 1.0in 2.0in 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in 8.0in 8.5in 9.0in 9.5in 10.0in 10.5in 11.0in 11.5in 12.0in 12.5in 13.0in" align=right><SPAN style="FONT-SIZE: 10pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">$74.50<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 71.35pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 12.8pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=95> <P class=a style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-pagination: widow-orphan; tab-stops: -1.0in -.5in 1.0in 2.0in 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in 8.0in 8.5in 9.0in 9.5in 10.0in 10.5in 11.0in 11.5in 12.0in 12.5in 13.0in" align=right><SPAN style="FONT-SIZE: 10pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">$5,364.00<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 126.3pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 12.8pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=168> <P class=a style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: left; mso-pagination: widow-orphan; tab-stops: -1.0in -.5in 1.0in 2.0in 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in 8.0in 8.5in 9.0in 9.5in 10.0in 10.5in 11.0in 11.5in 12.0in 12.5in 13.0in" align=left><SPAN style="FONT-SIZE: 10pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">U A P Distribution<o:p></o:p></SPAN></P></TD></TR> <TR style="HEIGHT: 12.8pt; mso-yfti-irow: 3"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 76.2pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 12.8pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=102> <P class=a style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: left; mso-pagination: widow-orphan; tab-stops: -1.0in -.5in 1.0in 2.0in 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in 8.0in 8.5in 9.0in 9.5in 10.0in 10.5in 11.0in 11.5in 12.0in 12.5in 13.0in" align=left><SPAN style="FONT-SIZE: 10pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">PastureGard<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 60.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 12.8pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=81> <P class=a style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-pagination: widow-orphan; tab-stops: -1.0in -.5in 1.0in 2.0in 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in 8.0in 8.5in 9.0in 9.5in 10.0in 10.5in 11.0in 11.5in 12.0in 12.5in 13.0in" align=right><SPAN style="FONT-SIZE: 10pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">400 gal.<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 58.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 12.8pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=78> <P class=a style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-pagination: widow-orphan; tab-stops: -1.0in -.5in 1.0in 2.0in 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in 8.0in 8.5in 9.0in 9.5in 10.0in 10.5in 11.0in 11.5in 12.0in 12.5in 13.0in" align=right><SPAN style="FONT-SIZE: 10pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">$42.75<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 71.35pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 12.8pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=95> <P class=a style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-pagination: widow-orphan; tab-stops: -1.0in -.5in 1.0in 2.0in 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in 8.0in 8.5in 9.0in 9.5in 10.0in 10.5in 11.0in 11.5in 12.0in 12.5in 13.0in" align=right><SPAN style="FONT-SIZE: 10pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">$17,100.00<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 126.3pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 12.8pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=168> <P class=a style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: left; mso-pagination: widow-orphan; tab-stops: -1.0in -.5in 1.0in 2.0in 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in 8.0in 8.5in 9.0in 9.5in 10.0in 10.5in 11.0in 11.5in 12.0in 12.5in 13.0in" align=left><SPAN style="FONT-SIZE: 10pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">U A P Distribution<o:p></o:p></SPAN></P></TD></TR> <TR style="HEIGHT: 12.8pt; mso-yfti-irow: 4"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 76.2pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 12.8pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=102> <P class=a style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: left; mso-pagination: widow-orphan; tab-stops: -1.0in -.5in 1.0in 2.0in 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in 8.0in 8.5in 9.0in 9.5in 10.0in 10.5in 11.0in 11.5in 12.0in 12.5in 13.0in" align=left><SPAN style="FONT-SIZE: 10pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">2, 4-D (Amine)<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 60.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 12.8pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=81> <P class=a style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-pagination: widow-orphan; tab-stops: -1.0in -.5in 1.0in 2.0in 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in 8.0in 8.5in 9.0in 9.5in 10.0in 10.5in 11.0in 11.5in 12.0in 12.5in 13.0in" align=right><SPAN style="FONT-SIZE: 10pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">1,100 gal.<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 58.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 12.8pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=78> <P class=a style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-pagination: widow-orphan; tab-stops: -1.0in -.5in 1.0in 2.0in 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in 8.0in 8.5in 9.0in 9.5in 10.0in 10.5in 11.0in 11.5in 12.0in 12.5in 13.0in" align=right><SPAN style="FONT-SIZE: 10pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">$9.56<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 71.35pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 12.8pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=95> <P class=a style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-pagination: widow-orphan; tab-stops: -1.0in -.5in 1.0in 2.0in 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in 8.0in 8.5in 9.0in 9.5in 10.0in 10.5in 11.0in 11.5in 12.0in 12.5in 13.0in" align=right><SPAN style="FONT-SIZE: 10pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">$10,516.00<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 126.3pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 12.8pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=168> <P class=a style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: left; mso-pagination: widow-orphan; tab-stops: -1.0in -.5in 1.0in 2.0in 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in 8.0in 8.5in 9.0in 9.5in 10.0in 10.5in 11.0in 11.5in 12.0in 12.5in 13.0in" align=left><SPAN style="FONT-SIZE: 10pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">J B </SPAN><1/2xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" /><st1:place><SPAN style="FONT-SIZE: 10pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">Pearl</SPAN></st1:place><SPAN style="FONT-SIZE: 10pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"> Sales and Serv.<o:p></o:p></SPAN></P></TD></TR> <TR style="HEIGHT: 13.6pt; mso-yfti-irow: 5; mso-yfti-lastrow: yes"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 76.2pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 13.6pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=102> <P class=a style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: left; mso-pagination: widow-orphan; tab-stops: -1.0in -.5in 1.0in 2.0in 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in 8.0in 8.5in 9.0in 9.5in 10.0in 10.5in 11.0in 11.5in 12.0in 12.5in 13.0in" align=left><SPAN style="FONT-SIZE: 10pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">Tordon 22K<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 60.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 13.6pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=81> <P class=a style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-pagination: widow-orphan; tab-stops: -1.0in -.5in 1.0in 2.0in 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in 8.0in 8.5in 9.0in 9.5in 10.0in 10.5in 11.0in 11.5in 12.0in 12.5in 13.0in" align=right><SPAN style="FONT-SIZE: 10pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">600 gal.<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 58.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 13.6pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=78> <P class=a style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-pagination: widow-orphan; tab-stops: -1.0in -.5in 1.0in 2.0in 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in 8.0in 8.5in 9.0in 9.5in 10.0in 10.5in 11.0in 11.5in 12.0in 12.5in 13.0in" align=right><SPAN style="FONT-SIZE: 10pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">$78.20<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 71.35pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 13.6pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=95> <P class=a style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-pagination: widow-orphan; tab-stops: -1.0in -.5in 1.0in 2.0in 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in 8.0in 8.5in 9.0in 9.5in 10.0in 10.5in 11.0in 11.5in 12.0in 12.5in 13.0in" align=right><SPAN style="FONT-SIZE: 10pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">$46,920.00<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 126.3pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 13.6pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=168> <P class=a style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: left; mso-pagination: widow-orphan; tab-stops: -1.0in -.5in 1.0in 2.0in 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in 8.0in 8.5in 9.0in 9.5in 10.0in 10.5in 11.0in 11.5in 12.0in 12.5in 13.0in" align=left><SPAN style="FONT-SIZE: 10pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">Lone Pine Ag-Service<o:p></o:p></SPAN></P></TD></TR></TBODY></TABLE></P> <P class=a style="MARGIN: 0in 0in 0pt 0.75in; TEXT-INDENT: -0.75in; TEXT-ALIGN: left; mso-pagination: widow-orphan; tab-stops: -1.0in -.5in 1.0in 2.0in 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in 8.0in 8.5in 9.0in 9.5in 10.0in 10.5in 11.0in 11.5in 12.0in 12.5in 13.0in" align=left><SPAN style="FONT-SIZE: 10pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><SPAN style="mso-tab-count: 1">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; </SPAN></SPAN><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">and; <o:p></o:p></SPAN></P> <P>&nbsp;&#9658; Authority to award contract, Commitment of County Funds, for KDOT Project No. 23 C-4122-01, the replacement of DGCO Bridge No. 06.97N-01.00E.</P> <P>The motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>MISCELLANEOUS &amp; HERITAGE 02-11-08</STRONG><BR>The Board considered the approval of a request from DMI (Destination Management Inc,) and Watkins Museum Board of Directors for $18,000 for support of DMI oversight of the management of Watkins Museum. Judy Billings, President and CEO of DMI, was present for the discussion. <BR>&nbsp;<BR>Johnson asked for clarification that the request was a one-time request. They are not asking the Commission to make a commitment to the annual budget. Billings confirmed that statement is correct.&nbsp;&nbsp; </P> <P>Jones asked if DMI has taken a formal step to request that County tax support for historical societies be funneled through DMI. Billings stated that is the next step. Jones commented he d&#160;s not think the money should be issued until a formal funding process has been set up.&nbsp; </P> <P>Johnson opened the item for public comment.</P> <P>Jones moved approval to allocate a one-time lump sum in the amount of $18,000 to DMI for oversight of the management of the Watkins Museum with the stipulation that the money not be released until DMI brings to the County Commission some sort of mechanism whereby all of the funding g&#160;s through DMI to the Heritage organizations under that umbrella. Motion was seconded by McElhaney and carried unanimously. </P> <P><STRONG>ACCOUNTS PAYABLE 02-11-08</STRONG><BR>Jones moved approval of accounts payable wire transfer in the amount of $464.89 paid on 02-07-08; and accounts payable for 2007 funds in the amount of $26,606.56 to be paid on 02/11/08 and 2008 funds in the amount of $94,674.15 to be paid on 02/11/08. Motion was seconded by McElhaney and carried unanimously. </P> <P>Jones moved to adjourn the meeting; McElhaney seconded and the motion carried.&nbsp; </P> <P>&nbsp;</P> <P>____________________________&nbsp;&nbsp;&nbsp; &nbsp;____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Jere McElhaney, Vice Chair</P> <P>ATTEST:</P> <P>_____________________________&nbsp;&nbsp; ____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member</P>

<P>Johnson called the meeting to order at 8:37 a.m. on Monday, January 7, 2008 with all members present.&nbsp; </P> <P>Jones moved to approve the minutes of November 19 as amended, November 26, December 10, December 17 and December 19, 2007. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>CONSENT AGENDA 01-07-08</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <P>&nbsp;&#9658;&nbsp;Commission Order Nos. 07-182, 08-001, 08-002, 08-003, (on file with the office of the Clerk); and<BR>&nbsp;&#9658; Notice to Township for Cereal Malt Beverage license for The Clinton Store located at 598 N 1190 Road; <BR>&nbsp;&#9658; Emergency Vehicle permit for Donovan Thornton.&nbsp;&nbsp; </P> <P>The motion was seconded by McELhaney and carried unanimously.</P> <P><STRONG>MISCELLANEOUS &amp; VNA 01-07-08</STRONG><BR>The Board considered a request from Judith Bellome, RN, Douglas County Visiting Nurses Association, Rehabilitation &amp; Hospice Care, to donate property located at 2518 Ridge Court for a purposed inpatient hospice. The Douglas County Visiting Nurses, Rehabilitation &amp; Hospice plan to conduct a capital campaign to raise funding necessary to build the facility.&nbsp; Craig Weinaug, County Administrator, stated he had suggested the site. Bellome stated she spoke with John Glassman, Director of Senior Services, about the site and he stated he has no interest in the site. </P> <P>Jones asked for the time frame on the project. Bellome stated she d&#160;s not know at this time. She is seeking a consultant. They do have architectural design plans. As soon as board feels they are ready to move, they are ready. Jones asked how many beds the facility would hold. Bellome responded there would be 12 beds.</P> <P>McElhaney asked if the hospice facility would be displacing United Way. Bellome stated it would not. She could see the location becoming a campus for nonprofit organizations. </P> <P>Johnson stated it is premature for Board to give property away, however, he is not opposed for land being used for this purpose. Weinaug stated the first step is to determine if the Board is willing to entertain the idea of using this location for the project, but a decision d&#160;s not have to be made this morning. </P> <P>No decision was reached by the Commissioners.</P> <P><STRONG>PUBLIC WORKS 01-07-08</STRONG><BR>John Solbach spoke to the Board requesting an additional road right-of-way to lengthen E 350 Road south of N 1700 Road in Kanwaka Township as tabled from the January 12, 2008 meeting. Solbach wishes to create another buildable lot for the 25-acre parcel immediately southwest of the terminus of the existing road and is willing to give the County easement right-of-way, if the County would be willing to put in a road. </P> <P>McElhaney stated he did go out and look at the property and spoke with the township. Johnson stated the Board is now operating under a moratorium and feels this proposal would fall under that moratorium.&nbsp; Solbach apologized for bringing this forward, saying Staff told him it could be an exception to the moratorium. </P> <P>Jones stated to him this is not an exception, but the reason for the moratorium. Johnson stated he feels uncomfortable making a decision on this when others have made basically the same request and the Board did not rule on it. </P> <P>Solbach stated he feels at some time it will be important to the County to have that connecting road. McElhaney stated it would be a good inter-connecting road to cut down on response time for emergency responders. </P> <P>Jones stated that typically the developer is required to build the road, or the land owner. He feels it is not feasible and not fair to people who came in to the last Commission meeting who were told they had to wait six months for a decision. </P> <P>It was the consensus of the board to table the item until the moratorium has been concluded.&nbsp;&nbsp; </P> <P><STRONG>PLANNING &amp; REVISED SOUTHERN DEVELOPMENT PLAN&nbsp; 01-07-08<BR></STRONG>The Board considered the approval of the Revised Southern Development Plan. Michelle Leininger, Lawrence-Douglas County Metropolitan Planning Department was present for the discussion.&nbsp; </P> <P>McElhaney moved to approve the Revised Southern Development plan. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PLANNING &amp; AMENDMENT TO HORIZON 2020 01-07-08 <BR></STRONG>The Board considered the approval of CPA-2007-3 an amendment to Horizon 2020, Chapter 14 Specific Plans to add a reference to the Revised Southern Development Plan. Michelle Leininger, Lawrence-Douglas County Metropolitan Planning Department was present for the discussion.&nbsp; </P> <P>McElhaney moved to approve CPA-2007-3, an amendment to Horizon 2020, Chapter 14 Specific Plans. Motion was seconded by Jones and carried unanimously. </P> <P><STRONG>PLANNING &amp; JOINT ORDINANCE/RESOLUTION 01-07-08<BR></STRONG>The Board considered adopting Joint City Ordinance No. 8220/County Resolution No. 08-01 regarding the Revised Southern Development Plan and CPA-2007-3, amending Horizon 2020, Chapter 14 Specific Plans. Michelle Leininger, Lawrence-Douglas County Metropolitan Planning Department was present for the discussion.&nbsp; </P> <P>McElhaney moved to adopt Joint City Ordinance No. 8220/County Resolution No. 08-01, a resolution recommending adoption of the Revised Southern Development Plan into Horizon 2020, the Comprehensive Plan for the City of Lawrence and Unincorporated Douglas County, Kansas. Motion was seconded by Jones and carried unanimously. </P> <P><STRONG>ZONING &amp; RESOLUTION 01-07-08</STRONG><BR>The Board considered approval of Resolution No. 08-02 amending a Planning and Zoning Classification from “A” Agriculture to “A-1” Suburban Home District for Livengood Estates Subdivision located at E1800 Road and N 100 Road, as approved by the Douglas County Board of Commissioners on October 11, 2006. According to Keith Dabney, Director of Zoning and Codes, zoning approval was subject to conditions which have been met as of September 4, 2007.</P> <P>Johnson moved to approve Resolution No. 08-02, a resolution relating to and amending a regulated planning and zoning classification within the unincorporated territory of Douglas County, Kansas. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 01-07-08</STRONG><BR>The Board reviewed a draft of the Legislative Priorities for Douglas County which outlined the County’s legislative platform for 2008. Jones commented he would like to see a statement added regarding the cost of corrections and jail costs. Johnson stated he would like to see information added regarding the re-entry program. </P> <P>The consensus of the Board was the document was approved as reviewed. </P> <P><STRONG>ACCOUNTS PAYABLE 01-07-08</STRONG><BR>Jones moved approval of payroll in the amount of $800,415.32 paid on 12/28/07; FICA in the amount of $59,186.45 paid on 01/04/08; KPERS in the amount of $70,277.63 paid on 01/04/08; and accounts payable in the amounts of $613,938.28 for 2007 Funds paid on 01/07/08 and $155,083.77 for 2008 Funds paid on 01/07/08. Motion was seconded by McElhaney, carried 3-0.</P> <P><STRONG>MISCELLANEOUS &amp; APPOINTMENT&nbsp; 01-07-08<BR></STRONG>McElhaney moved that Johnson be elected as Chairman of the Board effective today for the coming year. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>MISCELLANEOUS &amp; APPOINTMENT&nbsp; 01-07-08</STRONG><BR>Johnson moved that McElhaney be elected as Vice-Chairman of the Board effective today for the coming year. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>EXECUTIVE SESSION 01-07-08</STRONG><BR>At 10:10 a.m., Johnson moved that the Board recess into executive session for 30 minutes to discuss a matter, which would be deemed privileged under the attorney-client relationship. The justification is to maintain attorney-client privilege on a matter involving Douglas County. Other attendees included: Craig Weinaug, County Administrator; Evan Ice, County Counselor; and Pam Madl, Assistant County Administrator.</P> <P>At 10:40 a.m., Johnson moved for the Board to return to regular session; Jones seconded and the motion was carried unanimously. No action was taken.</P> <P>Jones moved to adjourn the meeting; McElhaney seconded and the motion carried.&nbsp; </P> <P>&nbsp;</P> <P>____________________________&nbsp;&nbsp;&nbsp;&nbsp; ____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp; Jere McElhaney, Vice Chair</P> <P>ATTEST:</P> <P>_____________________________&nbsp;&nbsp; ____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member<BR>&nbsp;&nbsp;&nbsp; </P> <P>&nbsp;&nbsp;&nbsp; <BR></P>

<P><BR>Johnson called the meeting to order at 6:35 p.m. on Wednesday, April 16, 2008 with all members present.&nbsp; </P> <P>Jones moved to approve the minutes for March 24, 2008 as amended. Motion was seconded by McElhaney and carried unanimously.&nbsp; </P> <P><STRONG>CONSENT AGENDA 04-16-08</STRONG><BR>Jones moved approval of the following Consent Agenda:<BR>&nbsp; <BR>&#9658;&nbsp;Commission order No. 08-035 (on file with the office of&nbsp; the Clerk);&nbsp; <BR>&nbsp;&#9658; &nbsp;Fee Reports for March 2008.</P> <P>The motion was seconded by McElhaney and carried unanimously. <BR>&nbsp;<BR><STRONG>HISTORICAL 04-16-08</STRONG><BR>The Board considered a proposal to initiate an interlocal agreement to channel County funds, earmarked for historic preservation programs, through Destination Management Incorporated, (DMI). Judy Billings, Lawrence Convention and Visitors Bureau, was present for the discussion.</P> <P>Paul Bahnmaier, Lane Museum, stated he hopes the new setup will be beneficial to all. He strongly supports the National Heritage area and is hesitant to move into something unknown. </P> <P>Billings responded that Freedom’s Frontier National Heritage Area is a way to grow stronger and work together bringing a greater awareness of Douglas County history so everyone will know the importance of this area. </P> <P>Martha Parker, resident of Clinton Township, asked for reassurance that in case of disaster, money for the historical programs would not be cut. Craig Weinaug, County Administrator, clarified he could not guarantee the funding would be the same with new commissions.</P> <P>Johnson stated he is pleased everyone is working together. The way to guarantee funding is to demonstrate the worth and the value of the historical society to the community and its attraction of tourism.&nbsp; </P> <P>It was the consensus the Board to have the County Counselor initiate an interlocal agreement between Douglas County and DMI to bring back to the Board for action. </P> <P><STRONG>PUBLIC WORKS 04-16-08<BR></STRONG>The Board considered the approval of an Acquisition of Easements with Leo J. Lohmann and Kathleen S. Lohmann (129 N 2190 Road) and James V. Robuck and Charlene M. Robuck, (843 N Kansas Avenue) for the replacement of Drainage Structure No. 21.65N – 1.50 E.&nbsp;&nbsp; </P> <P>McElhaney moved to authorize the Chairman of the Board to affx his signature to the Contract’s for Highway Purposes with Leo J. Lohmann and Kathleen S. Lohmann (129 N 2190 Road) and James V. Robuck and Charlene M. Robuck, (843 N Kansas Avenue) for Drainage Structure No. 21.65N-1.50E. Motion was seconded by Johnson and carried unanimously.&nbsp; </P> <P><STRONG>PLANNING 04-16-08</STRONG><BR>The Board considered initiation of a text amendment to revise minimum lot/parcel area requirements in Article 18 of the Zoning Regulations [Item was tabled at the April 14, 2008 meeting].&nbsp; Linda Finger, Planning Resource Coordinator, was present for the discussion. This proposed amendment would establish a lower minimum requirement for the lot/parcel area in the A and the A-1 Districts. The minimum areas for all roads, except Principal Arterial roads, would be the same as the County’s Sanitary Code (three (3) acres for parcels with a water meter; five (5) acres for parcels without a water meter). The minimum along Principal Arterial roads would be lowered to 10 acres from the current requirement of 20 acres. No further reduction along a Principal Arterial is possible because of the required minimum frontage, setbacks, and width and depth requirements. </P> <P>After discussion of the issue, it was the consensus of the Board to table the item for additional consideration at the April 28, 2008 meeting.&nbsp; </P> <P><STRONG>PLANNING 04-16-08</STRONG><BR>The Board considered approval and adoption of a resolution for road evaluation criteria for the creation of property owner initiated new roads. This discussion was a continuation of conversations from the March 5, 2008. Work Session on Road Access.&nbsp; Linda Finger, Planning Resource Coordinator, and Keith Browning, County Public Works Director, were present for the discussion. </P> <P>After a review of the criteria and the weighing or value of the individual criterion, it was the consensus of the Board to direct staff to redraft the evaluation criteria to separate out and emphasize the economic needs, the townships and county engineer’s reviews, and recommendations from the consideration of the safety and environmental criteria. Item was tabled for further consideration. </P> <P><STRONG>PLANNING 04-16-08</STRONG><BR>The Board considered initiation of a text amendment to Article 19 of the Zoning Regulations to correct codification errors that have occurred over time in that article of the regulations. Staff also added a “compliance with all applicable state and federal laws” language to the general CUP review criteria in accordance with the previous direction of the County Commission during their discussion of the new “value-added agricultural business” use.&nbsp; Linda Finger, Planning Resource Coordinator, was present for the discussion.&nbsp;<BR>&nbsp;</P> <P>Jones moved to initiate the amendment with revisions as indicated by Staff during the meeting for public hearing in June by the Planning Commission. Motion was seconded by McElhaney and carried unanimously. </P> <P><STRONG>PLANNING 04-16-08</STRONG><BR>The Board considered the adoption of Ordinance No. 8255/Resolution No. 08-14, an amendment to the road surfacing requirement for residential development within the Lawrence UGA, replacing the hard surfaced road requirement in the Subdivision Regulations with a requirement to meet the County’s rock road standard.&nbsp; Linda Finger, Planning Resource Coordinator, was present for the discussion. </P> <P>Jones moved to adopt Ordinance No. 8255/Resolution No. 08-14.&nbsp; Motion was seconded by Johnson and carried unanimously. </P> <P><STRONG>MISCELLANEOUS &amp;&nbsp; PARCEL SPLIT 04-16-08</STRONG><BR>Linda Finger, Planning Resource Coordinator, presented the Board (per their direction from the April 14, 2008 meeting) a map approximating the number of additional locations that a third Residential Development Parcel (RDPs) could be located if the parcel at the intersection of any two full-maintenance roads could be have three (3) RDPs. Staff’s estimate of the number of potential lots that could be created excluded parcels of less than 20 acres and did not look at specific site or road alignment conditions. A potential of 406 additional buildable parcels was estimated.&nbsp; </P> <P>Jones stated the number is substantial and he is hesitant to give up the 20 acres minimum lot area requirement. He asked Ms. Finger if she still had notes from when the Commission adopted the Subdivision Regulations to give any guidance on their original intent. He would look for his notes from the original meetings also.&nbsp; Item was tabled for further consideration. </P> <P><STRONG>MISCELLANEOUS &amp; ACCESS REQUIREMENT 04-16-08</STRONG><BR>Linda Finger, Planning Resource Coordinator, and Keith Browning, Director of Public Works, asked the Board for an interpretation regarding application of the Access Management Regulations to the proposed new conditional use of “Value Added Agriculture Businesses”.</P> <P>Browning stated the property owned by Bill Schaetzel was purchased prior to October 25, 2006. The property has 1074 feet, not the required 1320 feet of road frontage on a minor collector. Using the Access Management Regulations, the existing parcel would be eligible for a road cut for a single-family residence. Browning stated the Access Management Regulations were not restricted to application of only residential properties and that he would apply the same process to any use proposed on a ‘vested’ parcel of land. He asked if the Board would agree with this interpretation of the regulations. The Board discussed whether the access, if determined safe, to a ‘value- added agriculture business’ property should have to meet the minimum frontage requirements or be considered as having vested rights to a road cut with less than the minimum road frontage. The Board broadened the discussion to all conditional use requests, not just requests for value-added agricultural businesses. Johnson stated he felt Board created the access dilemma for existing parcels when the new regulations were adopted and that parcels with less than the required road frontage should be permitted access. </P> <P>Item was tabled for further discussion. </P> <P><STRONG>MISCELLANEOUS 04-16-08</STRONG><BR>Jones moved to approve a letter to Senator Brownback regarding the Lawrence Community Shelter. Motion was seconded by Johnson and carried unanimously.&nbsp; <BR>&nbsp;<BR>Jones moved to adjourn the meeting; Johnson seconded and the motion carried.&nbsp; </P> <P><BR>___________________________&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; ____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Vice Chair</P> <P>ATTEST:</P> <P>_____________________________&nbsp;&nbsp; ____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member<BR>&nbsp;&nbsp;&nbsp; </P>

<P>Johnson called the meeting to order at 8:30 a.m. on Monday, April 14, 2008 with two members present. McElhaney arrived at a later time.&nbsp; </P> <P>Jones moved to approve the minutes March 5, 2008. Motion was seconded by Johnson and carried 2-0.</P> <P><STRONG>CONSENT AGENDA 04-14-08</STRONG><BR>Johnson moved approval of the following Consent Agenda:</P> <P>&#9658;Commission Order Nos. 08-033 and 08-034 (on file with the office of the Clerk);<BR>&#9658; Resolution 08-11 establishing a 35 miles per hour maximum speed limit on a portion of E 1000 Road in Wakarusa and Kanwaka Townships (between N 1700 Road and N 1750 Road) and a Resolution 08-12 establishing a 40 miles per hour maximum speed limit on portions of E 1000 road in Wakarusa and Kanwaka Townships (between the Lawrence City Limits and N 1700 Road, and between N1750 Road and route 438); and<BR>&#9658;Resolution 08-13 establishing a 25 miles per hour maximum speed limit on a portion of N 375 Road in Palmyra Township (on N 375 Road between E 1750 Road and Route 12 (N 400 Road).<BR>&nbsp;<BR>The motion was seconded by Jones and carried 2-0.</P> <P><STRONG>DISTRICT COURT 04-14-08</STRONG><BR>The Board conducted a discussion with Judge Robert Fairchild regarding the Pro Tem position created by the County Commission and funded by the County. Judge Peggy Kittle, current Pro Tem Judge, has accepted a position in Division VI replacing Judge Six leaving the position vacant. The original intent when creating the position was that it was a temporary position. </P> <P>Judge Fairchild stated Judge Kittle handled 6,000 cases last year. Notice has been sent out to fill the position since there is money in the budget to cover the position for the rest of the year. Jones asked Judge Fairchild to place a hold on filling that position until a decision has been reached by the Board. </P> <P>It was the consensus of the Board to table the discussion so Judge Fairchild can write a letter to the Board justifying the need for continuing the Pro Tem position and to place this item back on a future agenda for discussion.</P> <P>Judge Fairchild offered to contact Eric Rosen, Departmental Justice, to meet with the Board regarding the State assuming responsibility for this position. </P> <P><STRONG>SHERIFF 04-14-08</STRONG><BR>Shannon Murphy, Sheriff’s Department, made a presentation to the Board on the status of the jail reentry initiatives program. Ken McGovern, Sheriff, was also present for the presentation. </P> <P>Murphy stated 95% of inmates are released back into the community. It is the intent of the program to bring in outside agencies to start program benefits for inmates before they are released so they will be more productive in the community. There are presently 125 volunteers from the community who are available to assist the inmates upon release, and there are three mentors inside the facility. McGovern stated getting social security cards for those who don’t have them is just one positive step in the program.&nbsp;&nbsp; </P> <P>Jones commented that he appreciates what the Sheriff’s department is doing and impressed. He stated there needs to be a way to determine if the program is working, if over time this program will reduce the amount of incarcerations. He stated if you look at the curve of County expenditures, the one most out of control is law enforcement and justice, and it is climbing way too fast. Jones stated he hopes over time, the reentry program will reduce incarceration costs. </P> <P>McGovern stated there will be a percentage of inmates that won’t go through the program due to mental illnesses and the fact that they won’t take appropriate medications. </P> <P>No action was taken.</P> <P><STRONG>PUBLIC WORKS &amp; RESOLUTION 04-14-08</STRONG><BR>The Board considered the approval of a resolution amending the access management regulations in Chapter IX of the County Code to allow the Public Works Director to waive minimum frontage requirements when entering into access restriction agreements.&nbsp; Linda Finger, Planning Resource Coordinator; Keith Browning, Director of Public Works; and Evan Ice, County Counselor, were present for the discussion.</P> <P>This amendment would allow the County Engineer, in very specific instances, to work with a property owner to restrict access in accordance with the Access Management Regulations when a property with an existing residence meets the&nbsp;&nbsp; vested rights and exemption requirements in the Subdivision Regulations.&nbsp; [This amendment came out of discussion at the rural development regulations work session on March 5, 2008.] The example staff gave was of an existing house built 500-600’ back from the road. The frontage was narrow and the depth of the parcel long.&nbsp; When a frontage of 660’ is required, additional acreages are required to be carved out of a larger parcel to create the separate parcel for an existing house.&nbsp; In the example given, if the owner dedicated the full 660’ of frontage, required, he would need to include approximately 12-15 acres of farm ground that is actively farmed when it is not an integral part of the home and lawn area, The situation where this would most often be a problem is with existing homes set a considerable distance back from a road and the classification of road accessed is one that requires more than 330’ of frontage.&nbsp; Finger stated staff has had similar inquires from other property owners where they own sufficient land to meet the road frontage requirements but don’t want to sell off more land than necessary to serve an existing home.</P> <P>According to Staff, this amendment allows the County to apply creatively&nbsp;&nbsp; the road frontage requirements so that the intended purpose of the Access Management Regulations is met.&nbsp; The property owner complies with the limitation on access based on frontage by entering into an Access Restriction Agreement but retains the flexibility to sell an existing property with less than the minimum road frontage for an individual parcel.&nbsp; Executing an Access Restriction Agreement d&#160;s not lessen the restriction on the number of accesses permitted, but it d&#160;s create flexibility in where those accesses can be located.&nbsp; A new parcel cannot be created with less than the required frontage until the Access Restriction Agreement has been executed and filed at the Register of Deeds.&nbsp; To allow for this exception requires amending the Access Management Standards adopted by Resolution No.&nbsp; HR 06-10-7.</P> <P>Browning stated the exception will not change the entrance allowance. There will still be only one access point to the property along that 660 foot of frontage. However, Public Works staff will need to research each request before entering into Access Restriction Agreement because they will have to check with the Register of Deeds to verify ownership for frontage requirements. </P> <P>Johnson opened the item for public comment. No comments were made.<BR>&nbsp;<BR>Jones moved to approve the amendment and adopt Home Rule Resolution No.&nbsp; HR-08-4-1 of the Board of County Commissioners of Douglas County, Kansas, amending Access Management Standards (HR 06-10-7), subsequently amended and codified into Article 5 of Chapter IX of the Douglas County Code.&nbsp; Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>ZONING &amp; AMENDMENTS 04-14-08</STRONG><BR>The Board considered initiation of two amendments to Article 18 of the Zoning Regulations.&nbsp; The first amendment to Article 18 would make the minimum standards consistent with the amendment recently approved by the Board to the Access Management Regulations.&nbsp; This amendment would add a footnote to the Table in Article 18 permitting the minimum parcel width to be waived when the parcel created was covered by an executed Access Restriction Agreement. Linda Finger, Planning Resource Coordinator, and Keith Browning, Director of Public Works were present for the discussion. </P> <P>This amendment was initiated by the consensus of the Board to make the Zoning and Access Management Regulations consistent.&nbsp; </P> <P>The second amendment to Article 18 recommended by Staff was revisions to the minimum lot/ parcel area requirement in the A and A-1 zoning districts.&nbsp; The revisions would create&nbsp; a minimum of three (3) acres along Local or Minor Collector roads; five (5) acres along Major Collectors and Minor Arterial roads; and eight (8) acres along Principal Arterial roads.&nbsp; Setback and frontage requirements may make it necessary to exceed the minimums to create a buildable lot. Linda Finger, Planning Resource Coordinator, and Keith Browning, Director of Public Works were present for the discussion. </P> <P>This amendment is consistent with previous discussions of the Board where people are forced to purchase more land than they want and are unable to maintain it.&nbsp; This proposed amendment would allow owners to focus more on the minimum frontage requirements and minimum setbacks in conjunction with the County’s Sanitary Code requirements to determine the area of a parcel of land.</P> <P>After discussion, Jones commented he wants to make sure the goal of the second amendment is stated clearly that it permits the same amount of development, but on smaller acreages by adding to the cover memo the language “this change d&#160;s not allow for more development.”&nbsp;&nbsp;&nbsp; </P> <P>Item was tabled and will be placed on the April 16, 2008 meeting for further discussion. </P> <P><STRONG>ZONING &amp; AMENDMENT 04-14-08<BR></STRONG>The Board considered initiation of an amendment to Article 19 of the County Zoning Regulations to add a new conditional use for “value-added agricultural business” to the regulations, based on Commission discussion with Bill Schaetzel at the March 24, 2008, meeting.&nbsp; A second amendment recommended for initiation by staff and the County Counselor to Article 19 was for correction to errors of codification that have occurred in Article 19.&nbsp; Linda Finger, Planning Resource Coordinator, and Evan Ice, County Counselor, were present for the discussion. </P> <P>Jones asked if Finger had talked with anyone in the agricultural community regarding the proposed language for the “value-added agricultural business” use.&nbsp; Finger stated she spoke with Bill Wood in the Douglas County Extension Office, who said the language for “value-added agricultural business” fits how Extension has discussed it.&nbsp; He said they used the USDA definition, which is what Finger used to create the draft language. </P> <P>Jones asked how wide open was the concept of “value-added agriculture business”.&nbsp; Finger stated the applicant would have to meet the requirements as defined by USDA Regulations and the specific development criteria recommended. Adding the development criteria made this use more restrictive than it would be if added to an Industrial zoning category. </P> <P>Johnson stated he would not be in favor of narrowing the language of the proposed regulations any further.&nbsp; As Conditional Use Permits, the Board will find out what the specific use is that is proposed, how it is intended to operate, and how the use fits with the development criteria proposed.&nbsp; Finger added that a Conditional Use Permit has an appeals procedure should, once the use is in operation, the neighbors believe the use is not being operated as it was approved.&nbsp; Approval of a site plan for a permitted use in a zoning district d&#160;s not have an appeal procedure.</P> <P>The Board discussed changes in wording to reflect the number of truck trips in and out of the property; having direct access to a full maintenance public road; meeting the minimum frontage requirements; and, the need to require all CUPs to meet all applicable state and federal laws, not just this proposed use. </P> <P>It was the consensus of the Board to table the item for staff to making the wording revisions discussed and to place on the agenda for the Wednesday, April 16, 2008 meeting.</P> <P><STRONG>MISCELLANEOUS &amp; COURTHOUSE REPAIR 04-14-08<BR></STRONG>The Board discussed repairs needed to support the skylight located in the courthouse attic, which provides the light source for the stain glass dome.&nbsp; It was determined the sky light is an original feature in the courthouse blue prints and cannot be removed due to historical value. Commissioner McElhaney met with the contractor working on the restoration of the building. To replace of a skylight will cost approximately $21,000-23,000, and d&#160;s not include the repair to the infrastructure support which will cost approximately $15,000.</P> <P>Jones asked if there is the possibility of removing the skylight, and what the construction firm recommends. He also asked for the net number for the replacement of the skylight.</P> <P>It was the consensus of the Board to proceed with the replacement of the beam and securing the structure. McElhaney stated he confirmed a price for the construction of the dome cover and will provide that figure to the County Administrator for approval. </P> <P><STRONG>WORK SESSION 04-14-08</STRONG>&nbsp; <BR>Several members of County Staff and the City/County Planning Staff attended a work session with the Board on the application process and procedure issues for unresolved items related to the Subdivision, Zoning, or Access Management Regulations.&nbsp; Items discussed were presented in Briefing Paper papers prepared by staff for the Board.&nbsp; General discussion and actions related to these Briefing Paper papers follows:</P> <P>Briefing Paper 1: Number of RDPs from Parent Parcel at Intersections.&nbsp; <BR>Mary Miller, Lawrence-Douglas County Metropolitan Planning Department, discussed the initiation of a text amendment for clarification on the number of divisions that can occur to a Parent Parcel with two road frontages.&nbsp; Staff recommended removing the word “local” to permit 3 Rural Development Parcels when a Parent Parcel is bounded on two or more sides by full-maintenance roads of any classification.&nbsp; Jones asked Staff to develop a number on how many additional lots this change would permit.</P> <P>It was the consensus of the Board to table this item for further consideration. </P> <P>Briefing Paper 2: Choosing a road frontage when a parcel abuts more than one road. J&#160; Rexwinkle, Lawrence-Douglas County Metropolitan Planning Department, discussed the applicable frontage and access requirements for properties with more than one road frontage.&nbsp; Staff recommended that the regulations be interpreted to allow the owner&nbsp;&nbsp; voluntarily to restrict property access to the frontage of their choice through the Certificate of Survey process.&nbsp; If the owner wishes to maximize the number of property divisions, he/she may restrict access to that frontage abutting a local road.&nbsp; The Board discussed the merits of selecting frontage onto a local road when a parcel abuts both a local and a principal arterial road.</P> <P>It was the consensus of the Board that they agree with Staff’s recommendation. </P> <P>Briefing 3: Decision-making bodies quick reference table.<BR>J&#160; Rexwinkle, Lawrence-Douglas County Metropolitan Planning Department, presented to the County Commission a decision-making body reference table for the platting and administrative procedures in the Subdivision Regulations.&nbsp; Staff recommended initiation of a text amendment to the Subdivision Regulations to add a quick-reference table for decision-making bodies. </P> <P>It was the consensus of the Board that this item is an administrative issue and should be handled by Staff. </P> <P>Briefing Paper 4: <BR>Linda Finger, Planning Resource Coordinator, recommended the initiation of an amendment to the Table in Article 18: Height, Area &amp; Bulk Requirements Table for public hearing at the Planning Commission in June 2008, revising the minimum frontage and setback requirements, placing a stronger emphasis on the minimum area being determined by the: County’s Access Management Regulations, the minimum setback, width and depth requirements; and the County’s Sanitary Code.&nbsp; Jones said this change was related to the revision in Briefing Paper 1 about the number of divisions per parcel and that they should both be considered together.&nbsp; </P> <P>It was the consensus of the Board to defer the item to a future agenda for continued discussion.</P> <P>Briefing Paper 5: Administrative Procedures for Build Out Plan review.&nbsp; J&#160; Rexwinkle, Lawrence-Douglas County Metropolitan Planning Department, recommended that the County Commission accept the written interpretation that Staff has posted on their website regarding the method of reviewing Build Out Plans.&nbsp; The back up for this Briefing Paper was not provided prior to the meeting. Jones said he wanted time to review what staff had written.&nbsp; The Board tabled this item for discussion after they had read the written interpretation.</P> <P>Briefing Paper 6: Conforming properties made nonconforming by dedication of additional road easement for right-of-way.&nbsp; Linda Finger, Planning Resource Coordinator, proposed an amendment to Article 20 of the County’s Zoning Regulations to resolve conflicts between the non-conforming use section of the Zoning Regulations and compliance with the Certificate of Survey requirements when compliance would result in a change of conforming to nonconforming status for existing buildings.&nbsp; The language for proposed amendment was drafted by the County Counselor, Evan Ice, who was also present for this item.</P> <P>The Board initiated this amendment for public hearing in June by the Planning Commission.</P> <P>Briefing Paper 7: Handled in Briefing Paper 11.</P> <P>Briefing Paper 8: Issue was resolved.&nbsp; No action taken. </P> <P>Briefing Paper 9: Standards for Cross Access Easements in Cluster Developments.<BR>Linda Finger, Planning Resource Coordinator, and Keith Browning, the Director of Public Works, recommended the initiation of an amendment to Section 20-804(c)(1)(ii) and to Section 20-815 of the City/County Subdivision Regulations for public hearing by the Planning Commission in June 2008.&nbsp; The amendments would establish clearer process and procedural steps for the filing of Cross Access Easements in a Cluster Developments, the minimum standard for construction of a Cross Access Easement to address safety and emergency responder needs, and would revise the definition of Cross Access Easement in the regulations.&nbsp; These revisions would close the gap between the written regulations and intended purpose of the regulations at the time of adoption.</P> <P>McElhaney moved to approve the initiation of the amendment for the public hearing in June by the Planning Commission.&nbsp; Motion was seconded by Jones and carried unanimously.&nbsp;&nbsp; </P> <P>Briefing Paper 10: Requirement of paid tax receipt before filing of administratively approved Certificates of Survey.&nbsp; Linda Finger, Planning Resource Coordinator, recommend the initiation of the text amendments to Sections 20-806(c)(1)(iii) and 20-807(d) for public hearing by the Planning Commission in June 2008, to clarify the procedure and process for requiring presentation of a certificate of paid taxes with each filing submittal to the Register of Deeds office.&nbsp; This amendment was requested by Kay Pesnell, Register of Deeds.<BR>&nbsp;<BR>Johnson moved to initiate the text amendment for Sections 20-806(c)(1)(iii) and 20-807(d) for public hearing by the Planning Commission in June 2008.&nbsp; Motion was seconded by Jones and carried unanimously.&nbsp;&nbsp; </P> <P>Briefing Paper 11: Inconsistency in terminologies between planning regulations.<BR>Mary Miller, Lawrence-Douglas County Metropolitan Planning Department, recommended that the revisions discussed for consistency among defined terms in the Subdivision Regulations be considered with the forthcoming amendments to the County Zoning Regulations that are being prepared by the Planning Commission’s rural zoning committee so that the Board may consider all the proposed amendments to the regulations at one time.&nbsp; No action was required. It was the consensus that Board agrees with action recommended by Staff.</P> <P><STRONG>ACCOUNTS PAYABLE 04-14-08</STRONG><BR>Jones moved approval of accounts payable in the amounts of $350,502.60 paid on 04/07/08; and $459,918.15 to be paid on 04/14/08; payroll in the amount of $816,426.21 paid on 04/10/08; FICA in the amount of $60,369.19 paid on 04/11/08; and KPERS for $70,321.08 paid on 04/11/08. Motion was seconded by McElhaney and carried 3-0.</P> <P>Jones moved to adjourn the meeting; Johnson seconded and the motion carried.&nbsp; </P> <P>&nbsp;</P> <P>____________________________&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; ____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Jere McElhaney, Vice Chair</P> <P>ATTEST:</P> <P>_____________________________&nbsp;&nbsp; ____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member<BR>&nbsp;&nbsp;&nbsp; </P> <P>&nbsp;</P>

<P>Johnson called the meeting to order at 8:35 a.m. on Monday, April 28, 2008 with all members present.&nbsp; </P> <P>Johnson moved to approve the minutes March 26, March 31, April 2 and April 4, 2008. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>CONSENT AGENDA 04-28-08</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <P>&#9658; Consider approval of Commission Orders 08-036, 08-037 and 08-038&nbsp;(on file in the office of the Clerk); and<BR>&#9658; Low bid from Central Salt for the supply of 3,500 tons of highway de-icing salt at a total cost of $132,230.00 </P> <P>Motion was seconded by McElhaney and carried unanimously. </P> <P><STRONG>DISTRICT COURT 04-28-08</STRONG><BR>Robert W. Fairchild, Chief Judge of the District Court, presented the Board with a letter in support of the Pro Tem Judge position as directed by the Board at the April 14, 2008 meeting. </P> <P>Jones stated based on numbers supplied in the letter reflecting the case load of courts in surrounding counties, he feels those judges are handling higher case loads. He prefers the Courts improve efficiency without adding more resources and suggested hiring a consultant to review efficiency. Fairchild responded that he d&#160;s not have the funds to hire an outside consultant. He stated there is a need to look at a weighted case average. Jones stated according to some research he has done, it appears the Kansas crime rate has decreased. Yet, we haven’t seen a drop in jail time to correspond with the drop in crime rate. Fairchild responded all he can look at is the amount of criminal cases filed in Douglas County and the numbers haven’t changed. </P> <P>Johnson stated he would like to see a better comparison of the number of people and cases in Johnson County versus the number of people and cases in the system here. He is reluctant to spend money on studies unless we are prepared to make the adjustments that come out of the studies. </P> <P>Jones stated he wants a commitment from the Court to aggressively try to hold down costs and to make every improvement they can in operations. </P> <P>No action was taken.<BR>&nbsp;</P> <P><STRONG>FIRE &amp; MEDICAL 04-28-08</STRONG><BR>The Board considered a request from the Lawrence-Douglas County Fire and Medical Department to purchase an Electronic Patient Care Report (ePCR) system. Mark Bradford, Fire Chief, was present for the discussion. </P> <P>Bradford stated the ePCR system will move from a hand calculated patient care reporting to an electronic process more secure and efficient for processing records and billing. He received a recommendation from the Douglas County and City Information Technology (IT) departments. The program has a one time set up cost of&nbsp; $85,600, for software and hardware, paid out of County IT fund. The initial startup cost includes the first months of air card cost and the first year of annual software maintenance. For each of the following years, a mobile connection cost would be $500.00 monthly. In addition, the annual software maintenance/subscription fee to ESO Solutions is $11,595. The hardware component would be purchased from the ambulance funds. Additional funding could be generated by increasing ambulance user fees. Bradford stated he sees a life span for the product to be 5-7 years.&nbsp; </P> <P>McElhaney asked if additional personnel will be needed to enter the data. Bradford replied that the same people currently handwriting the information will be entering the data. </P> <P>After further discussion, Jones moved to authorize the use of the Government Contract for the purchase of the Electronic Patient Care Report (ePCR) system with the stipulation that Chief Bradford use money within his existing budget to fund the purchase. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>FIRE &amp; MEDICAL 04-28-08<BR></STRONG>Mark Bradford, Fire Chief, asked the Board to consider a rate increase for ambulance fees and standbys. An analysis of a 2007 survey conducted by Mid-America Regional <BR>Council Emergency Rescue (MARCER) of ambulance rates revealed that Lawrence-Douglas County Fire Medical is significantly lower than its surrounding community ambulance service providers. The following rate increases were proposed:</P> <P> <TABLE class=MsoTableGrid style="BORDER-RIGHT: medium none; BORDER-TOP: medium none; MARGIN: auto auto auto 23.4pt; BORDER-LEFT: medium none; BORDER-BOTTOM: medium none; BORDER-COLLAPSE: collapse; mso-border-alt: solid windowtext .5pt; mso-yfti-tbllook: 480; mso-padding-alt: 0in 5.4pt 0in 5.4pt; mso-border-insideh: .5pt solid windowtext; mso-border-insidev: .5pt solid windowtext" cellSpacing=0 cellPadding=0 border=1> <TBODY> <TR style="HEIGHT: 13.3pt; mso-yfti-irow: 0"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: windowtext 1pt solid; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 238.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 13.3pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt" vAlign=top width=318> <P class=MsoBodyText style="MARGIN: 0in -4.3pt 0pt 0in; tab-stops: .25in .5in .75in 2.0in 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in 7.75in 8.0in 8.5in 9.0in 9.5in 10.0in 10.5in 11.0in 11.5in 12.0in 12.5in 13.0in"><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial">&#160;<o:p>&nbsp;</o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: windowtext 1pt solid; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 67.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 13.3pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=top width=90> <P class=MsoBodyText style="MARGIN: 0in -4.3pt 0pt 0in; tab-stops: .25in .5in .75in 2.0in 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in 7.75in 8.0in 8.5in 9.0in 9.5in 10.0in 10.5in 11.0in 11.5in 12.0in 12.5in 13.0in"><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial">CURRENT<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: windowtext 1pt solid; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 76.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 13.3pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=top width=102> <P class=MsoBodyText style="MARGIN: 0in -4.3pt 0pt 0in; tab-stops: .25in .5in .75in 2.0in 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in 7.75in 8.0in 8.5in 9.0in 9.5in 10.0in 10.5in 11.0in 11.5in 12.0in 12.5in 13.0in"><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: Arial">PROPOSED<o:p></o:p></SPAN></B></P></TD></TR> <TR style="HEIGHT: 13.3pt; mso-yfti-irow: 1"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 238.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 13.3pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=318> <P class=MsoBodyText style="MARGIN: 0in -4.3pt 0pt 0in; tab-stops: .25in .5in .75in 2.0in 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in 7.75in 8.0in 8.5in 9.0in 9.5in 10.0in 10.5in 11.0in 11.5in 12.0in 12.5in 13.0in"><SPAN style="FONT-SIZE: 10pt; FONT-FAMILY: Arial">MILEAGE<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 67.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 13.3pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=90> <P class=MsoBodyText style="MARGIN: 0in -4.3pt 0pt 0in; tab-stops: .25in .5in .75in 2.0in 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in 7.75in 8.0in 8.5in 9.0in 9.5in 10.0in 10.5in 11.0in 11.5in 12.0in 12.5in 13.0in"><SPAN style="FONT-SIZE: 10pt; FONT-FAMILY: Arial">$5.00/mile<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 76.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 13.3pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=102> <P class=MsoBodyText style="MARGIN: 0in -4.3pt 0pt 0in; tab-stops: .25in .5in .75in 2.0in 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in 7.75in 8.0in 8.5in 9.0in 9.5in 10.0in 10.5in 11.0in 11.5in 12.0in 12.5in 13.0in"><SPAN style="FONT-SIZE: 10pt; FONT-FAMILY: Arial">$7.38/mile<o:p></o:p></SPAN></P></TD></TR> <TR style="HEIGHT: 13.3pt; mso-yfti-irow: 2"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 238.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 13.3pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=318> <P class=MsoBodyText style="MARGIN: 0in -4.3pt 0pt 0in; tab-stops: .25in .5in .75in 2.0in 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in 7.75in 8.0in 8.5in 9.0in 9.5in 10.0in 10.5in 11.0in 11.5in 12.0in 12.5in 13.0in"><1/2xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" /><st1:stockticker><SPAN style="FONT-SIZE: 10pt; FONT-FAMILY: Arial">BLS</SPAN></st1:stockticker><SPAN style="FONT-SIZE: 10pt; FONT-FAMILY: Arial">/ Basic Life Support (Emergency)<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 67.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 13.3pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=90> <P class=MsoBodyText style="MARGIN: 0in -4.3pt 0pt 0in; tab-stops: .25in .5in .75in 2.0in 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in 7.75in 8.0in 8.5in 9.0in 9.5in 10.0in 10.5in 11.0in 11.5in 12.0in 12.5in 13.0in"><SPAN style="FONT-SIZE: 10pt; FONT-FAMILY: Arial">$375<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 76.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 13.3pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=102> <P class=MsoBodyText style="MARGIN: 0in -4.3pt 0pt 0in; tab-stops: .25in .5in .75in 2.0in 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in 7.75in 8.0in 8.5in 9.0in 9.5in 10.0in 10.5in 11.0in 11.5in 12.0in 12.5in 13.0in"><SPAN style="FONT-SIZE: 10pt; FONT-FAMILY: Arial">$476<o:p></o:p></SPAN></P></TD></TR> <TR style="HEIGHT: 13.3pt; mso-yfti-irow: 3"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 238.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 13.3pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=318> <P class=MsoBodyText style="MARGIN: 0in -4.3pt 0pt 0in; tab-stops: .25in .5in .75in 2.0in 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in 7.75in 8.0in 8.5in 9.0in 9.5in 10.0in 10.5in 11.0in 11.5in 12.0in 12.5in 13.0in"><st1:stockticker><SPAN style="FONT-SIZE: 10pt; FONT-FAMILY: Arial">BLS</SPAN></st1:stockticker><SPAN style="FONT-SIZE: 10pt; FONT-FAMILY: Arial">/Basic Life Support (Non-Emergency)<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 67.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 13.3pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=90> <P class=MsoBodyText style="MARGIN: 0in -4.3pt 0pt 0in; tab-stops: .25in .5in .75in 2.0in 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in 7.75in 8.0in 8.5in 9.0in 9.5in 10.0in 10.5in 11.0in 11.5in 12.0in 12.5in 13.0in"><SPAN style="FONT-SIZE: 10pt; FONT-FAMILY: Arial">$250<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 76.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 13.3pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=102> <P class=MsoBodyText style="MARGIN: 0in -4.3pt 0pt 0in; tab-stops: .25in .5in .75in 2.0in 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in 7.75in 8.0in 8.5in 9.0in 9.5in 10.0in 10.5in 11.0in 11.5in 12.0in 12.5in 13.0in"><SPAN style="FONT-SIZE: 10pt; FONT-FAMILY: Arial">$476<o:p></o:p></SPAN></P></TD></TR> <TR style="HEIGHT: 13.3pt; mso-yfti-irow: 4"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 238.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 13.3pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=318> <P class=MsoBodyText style="MARGIN: 0in -4.3pt 0pt 0in; tab-stops: .25in .5in .75in 2.0in 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in 7.75in 8.0in 8.5in 9.0in 9.5in 10.0in 10.5in 11.0in 11.5in 12.0in 12.5in 13.0in"><st1:stockticker><SPAN style="FONT-SIZE: 10pt; FONT-FAMILY: Arial">ALS</SPAN></st1:stockticker><SPAN style="FONT-SIZE: 10pt; FONT-FAMILY: Arial">-1/Advanced Life Support (Emergency)<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 67.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 13.3pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=90> <P class=MsoBodyText style="MARGIN: 0in -4.3pt 0pt 0in; tab-stops: .25in .5in .75in 2.0in 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in 7.75in 8.0in 8.5in 9.0in 9.5in 10.0in 10.5in 11.0in 11.5in 12.0in 12.5in 13.0in"><SPAN style="FONT-SIZE: 10pt; FONT-FAMILY: Arial">$450<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 76.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 13.3pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=102> <P class=MsoBodyText style="MARGIN: 0in -4.3pt 0pt 0in; tab-stops: .25in .5in .75in 2.0in 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in 7.75in 8.0in 8.5in 9.0in 9.5in 10.0in 10.5in 11.0in 11.5in 12.0in 12.5in 13.0in"><SPAN style="FONT-SIZE: 10pt; FONT-FAMILY: Arial">$559<o:p></o:p></SPAN></P></TD></TR> <TR style="HEIGHT: 13.3pt; mso-yfti-irow: 5"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 238.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 13.3pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=318> <P class=MsoBodyText style="MARGIN: 0in -4.3pt 0pt 0in; tab-stops: .25in .5in .75in 2.0in 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in 7.75in 8.0in 8.5in 9.0in 9.5in 10.0in 10.5in 11.0in 11.5in 12.0in 12.5in 13.0in"><st1:stockticker><SPAN style="FONT-SIZE: 10pt; FONT-FAMILY: Arial">ALS</SPAN></st1:stockticker><SPAN style="FONT-SIZE: 10pt; FONT-FAMILY: Arial">-1/Advanced Life Support (Non-Emergency)<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 67.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 13.3pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=90> <P class=MsoBodyText style="MARGIN: 0in -4.3pt 0pt 0in; tab-stops: .25in .5in .75in 2.0in 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in 7.75in 8.0in 8.5in 9.0in 9.5in 10.0in 10.5in 11.0in 11.5in 12.0in 12.5in 13.0in"><SPAN style="FONT-SIZE: 10pt; FONT-FAMILY: Arial">$275<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 76.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 13.3pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=102> <P class=MsoBodyText style="MARGIN: 0in -4.3pt 0pt 0in; tab-stops: .25in .5in .75in 2.0in 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in 7.75in 8.0in 8.5in 9.0in 9.5in 10.0in 10.5in 11.0in 11.5in 12.0in 12.5in 13.0in"><SPAN style="FONT-SIZE: 10pt; FONT-FAMILY: Arial">$559<o:p></o:p></SPAN></P></TD></TR> <TR style="HEIGHT: 14pt; mso-yfti-irow: 6; mso-yfti-lastrow: yes"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 238.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=318> <P class=MsoBodyText style="MARGIN: 0in -4.3pt 0pt 0in; tab-stops: .25in .5in .75in 2.0in 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in 7.75in 8.0in 8.5in 9.0in 9.5in 10.0in 10.5in 11.0in 11.5in 12.0in 12.5in 13.0in"><st1:stockticker><SPAN style="FONT-SIZE: 10pt; FONT-FAMILY: Arial">ALS</SPAN></st1:stockticker><SPAN style="FONT-SIZE: 10pt; FONT-FAMILY: Arial">-2/ Advanced Life Support<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 67.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=90> <P class=MsoBodyText style="MARGIN: 0in -4.3pt 0pt 0in; tab-stops: .25in .5in .75in 2.0in 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in 7.75in 8.0in 8.5in 9.0in 9.5in 10.0in 10.5in 11.0in 11.5in 12.0in 12.5in 13.0in"><SPAN style="FONT-SIZE: 10pt; FONT-FAMILY: Arial">$500<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 76.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=102> <P class=MsoBodyText style="MARGIN: 0in -4.3pt 0pt 0in; tab-stops: .25in .5in .75in 2.0in 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in 7.75in 8.0in 8.5in 9.0in 9.5in 10.0in 10.5in 11.0in 11.5in 12.0in 12.5in 13.0in"><SPAN style="FONT-SIZE: 10pt; FONT-FAMILY: Arial">$619<o:p></o:p></SPAN></P></TD></TR></TBODY></TABLE></P> <P>&nbsp;The increased rate to the area averages is an approximate $622,939 increase for 100% of collections. Bradford also recommended that the City and County consider raising the standby charge from $100 to $137 per hour. These rates are set by City/County resolution as a dollar amount per hour normally for the high school games. It has been the decision by the Board to keep the standby rates at a lesser amount for the schools. Other entities pay cost plus administrative fees. </P> <P>Jones asked where the approximate $623,000 would go. Bradford stated the fees go into the ambulance fee fund, where we would purchase ambulances, life packs, electronic equipment such as the ePCR system, and it’s where the County transfers money from to do other related items. </P> <P>Craig Weinaug, County Administrator, stated approximately half of that fund is financed through property taxes and half through fees. The more aggressive the County is in getting the department financed through fees for service, the less burden is placed on the property tax. </P> <P>Johnson opened the item for public comment. No public comment.</P> <P>Johnson moved to approve the recommended increase of charges effective July 1, 2008 with the exception that the standby charges for other units of local government serving residents of Douglas County not be increased. Motion was seconded by Jones and carried unanimously. </P> <P><STRONG>VNA &amp; HOSPICE 04-28-08<BR></STRONG>Judy Bellome, RN, CEO for Douglas County Visiting Nurses, Rehabilitation and Hospice Care, appeared before the Board to discuss a proposal to build a 12 bed hospice facility on land adjacent to the United Way offices located at 2518 Ridge Court. Bellome stated through fund raising, Hospice raised $65,000 to pay back their endowment used for the purchase of a Care Cottage located at 26th &amp; Atchison.&nbsp; Phase I of their plan is to service four patients at a time and in a year begin a capitol campaign for Phase II. She asked for Douglas County to donate the property so VNA can begin a capital campaign for a 12 bed inpatient Hospice House on land located behind the United Way offices. </P> <P>Jones stated he is supportive of this project. He questioned if a 99-year-lease is more appropriate than a land donation. Bellome stated it d&#160;sn’t matter to her. McElhaney commented he preferred the County retain ownership of the property.&nbsp;&nbsp; </P> <P>Craig Weinaug, County Administrator, clarified that VNA needs to know if the County is willing to work with them on this location. VNA is looking for a strong enough commitment so they can fundraise. A letter would be sufficient.&nbsp; </P> <P>Johnson opened the item for public comment. No public comment.</P> <P>Jones moved to direct Staff to prepare a letter for the Board’s signature for a 99-year lease arrangement with VNA for purpose of a hospice, expressing that the property be used to serve the public. Motion was seconded by McElhaney and carried unanimously. </P> <P><STRONG>SHERIFF &amp; PURCHASING 04-28-08</STRONG><BR>The Board considered the approval for the purchase of five (5) 2008 Ford Crown Victoria Police patrol cars and one (1) 2008 Ford F-150 1/2 Ton Pickup truck for the Sheriff’s Department for a total cost of $136,535.00. Jackie Waggoner, Director of Purchasing, and Ken McGovern, Douglas County Sheriff, were present for the discussion. Last year the County participated in a regional cooperative bidding process (KCRPC) for the acquisition of 2008 vehicles. We can continue to purchase from these contracts until the manufacture’s production cutoff date. </P> <P>McElhaney moved to approve the purchase of five (5) patrol cars and one (1) 1/2 ton pickup truck from Shawnee Mission Ford in the amount of $136,535.00. Motion was seconded by Jones and carried unanimously. </P> <P><STRONG>COMMUNITY CORRECTIONS 04-28-08</STRONG><BR>The Board considered the approval of the FY2009 Community Corrections Comprehensive Plan and (C3P) Grant Application. Ron Stegall, Chief Executive Probation Officer, was present for the discussion. Stegall introduced Deb Ferguson, as the new Deputy Director replacing Shannon Murphy.</P> <P>Jones moved approval of the FY2009 Community Corrections Comprehensive Plan and (C3P) Grant Application. Motion was seconded by McElhaney and carried unanimously.&nbsp; </P> <P><STRONG>PLANNING 04-28-08</STRONG><BR>The Board considered the approval of SP-02-14-08, a site plan for a 4,000 square foot warehouse addition and expanded storage yard, located at Maple Grove North No. 3, Lot 3, at the end of the Maple-Grove cul-de-sac, (adjacent to the north side of the Maple Grove Cemetery) and approximately 700’ north and 1,000’ east of the intersection of Highways 24/40/59. The application was submitted by Paul Werner <BR>Architects for Maple Grove Real Estate LLC, property owner of record. Paul Patterson, Lawrence &amp; Douglas County Metropolitan Planning Department, was present for the discussion. Staff recommends approval of the proposed site plan <BR>subject to the following conditions:</P> <P>1.&nbsp;Provision of a revised site plan that shows the following:<BR>a.&nbsp;As a building is no longer proposed for the southern half of the lot and as the property is entirely within the&nbsp; 100 year floodplain, remove the proposed 4’ of fill shown on the southern half of the lot.&nbsp;<BR>b.&nbsp;Revise the calculation of amount of fill for the property and verify if a state floodplain development permit would be required.&nbsp; </P> <P>c.&nbsp;Provide drainage from west to the east, so as not to contribute to flooding or increase the ground water level for the adjacent Maple Grove Cemetery located immediately to the south.<BR>d.&nbsp;Provide the Minimum Exterior Building Opening (MEBO) elevation.<BR>e.&nbsp;Clearly label the outside storage area(s).<BR>f.&nbsp;Update the 3.1 parking information so the parking calculation table matches the 3.1 note.<BR>2.&nbsp;&nbsp; Approval of local flood plain development permit (and state permit if required) and provide a copy for the Planning Office file [SO-02-14-08].</P> <P>Paul Werner, Paul Werner Architects, asked that condition 1a be removed, that it is covered under condition 1b, and he stated feels condition 2 also covers the fill issue. The original plan showed a second building on the lot. Because the lot is not six acres, an additional septic system can not be added. However, an addition to the existing septic system can be added according to his discussions with Richard Ziesenis, Lawrence-Douglas County Health Department. The 4,000 sq.ft. addition to the existing building is what his client really needs and storage area to the south of the existing driveway.</P> <P>After further discussion, McElhaney moved to approve site plan SP-02-14-08 with the following revised conditions: </P> <P>1.&nbsp;Provision of a revised site plan that shows the following:<BR>a.&nbsp;Revise the calculation of amount of fill for the property and verify if a state floodplain development permit would be required.<BR>b.&nbsp;Provide a drainage from west to the east, so as not to contribute to flooding or increase the ground water level for the adjacent Maple Grove Cemetery located immediately to the south.<BR>c.&nbsp;Provide the Minimum Exterior Building Opening (MEBO) elevation.<BR>d.&nbsp;Clearly label the outside storage area(s).<BR>e.&nbsp;Update the 3.1 parking information so the parking calculation table matches the 3.1 note.<BR>2.&nbsp;&nbsp; Approval of local flood plain development permit (and state permit if required) and provide a copy for the Planning Office file [SO-02-14-08].</P> <P>Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>PLANNING &amp; AMENDMENTS 04-28-08</STRONG><BR>The Board considered the approval of CPA-2007-8, a Comprehensive Plan Amendment to Horizon 2020 Chapter 6, Commercial Land Use, to update the identified Neighborhood Commercial Center on the southeast corner of O’Connell Road and E. 23rd Street/K-10 Highway to be identified as a Community Commercial Center, as recommended by Staff. The amendment was initiated by Planning Commission on 11/28/07 as part of the Southeast Area Plan. Michelle Leininger, Lawrence &amp; Douglas County Metropolitan Planning Department, presented the item to the Board. </P> <P>Jones moved approval of CPA-2007-8, a Comprehensive Plan Amendment to Horizon 2020 Chapter 6. Motion was seconded by McElhaney and carried unanimously. </P> <P><STRONG>PLANNING &amp; AMENDMENTS 04-28-08</STRONG><BR>The Board considered the approval of CPA-2007-9, a Comprehensive Plan Amendment to Horizon 2020 Chapter 6, Commercial Land Use, to identify a Neighborhood Commercial Center on the northeast corner of Franklin Road extended and E. 28th Street extended. The amendment was initiated by Planning Commission on 11/28/07 as part of the Southeast Area Plan. Michelle Leininger, Lawrence &amp; Douglas County Metropolitan Planning Department, presented the item to the Board. </P> <P>Jones moved approval of CPA-2007-9, a Comprehensive Plan Amendment to Horizon 2020 Chapter 6. Motion was seconded by McElhaney and carried unanimously. </P> <P><STRONG>PLANNING &amp; AMENDMENTS 04-28-08</STRONG><BR>The Board considered the approval of CPA-2007-10, a Comprehensive Plan Amendment to Horizon 2020 Chapter 6, Commercial Land Use, to remove the Neighborhood Commercial Center on the northwest corner of Franklin Road extended and N. 1300 Road (E. 31st Street). The amendment was initiated by Planning <BR>Commission on 11/28/07 as part of the Southeast Area Plan. Michelle Leininger, Lawrence &amp; Douglas County Metropolitan Planning Department, presented the item to the Board.</P> <P>Jones moved approval of CPA-2007-10, a Comprehensive Plan Amendment to Horizon 2020 Chapter 6. Motion was seconded by McElhaney and carried unanimously. </P> <P><STRONG>PLANNING &amp; AMENDMENTS 04-28-08</STRONG><BR>The Board consider adopting Joint City Ordinance No. 8243/County Resolution 08-15, regarding CPA-2007-8, CPA-2007-9, and CPA-2007-10. Michelle Leininger, Lawrence &amp; Douglas County Metropolitan Planning Department presented item to the Board. </P> <P>Jones moved approval to adopt Joint City Ordinance No. 8243/County Resolution 08-15, regarding CPA-2007-8, CPA-2007-9, and CPA-2007-10, a joint ordinance of the City of Lawrence, Kansas and Resolution of the Board of County Commissioners of Douglas County, Kansas approving amendments to the Comprehensive Land Use Plan “Horizon 2020” by amending Chapter Six - Commercial Land Use, Lawrence-New Commercial Area Section and Map 6-1 and repealing the existing section and map. Motion was seconded by McElhaney and carried unanimously.&nbsp; </P> <P><STRONG>PUBLIC WORKS 04-28-08</STRONG><BR>Keith Browning, Director of Public Works, asked the Board to review the current practice of salt and sand supply to outside agencies, provide direction to continue, revise or discontinue the program. For several years, Douglas County has been providing sand/salt materials to outside agencies at our cost plus $2.00 per ton to help offset the cost of mixing and handling. Douglas County has not charged for storage or administrative costs. During the 2007-2008 winter, salt supply became a critical issue, which forced the Public Works department to ration mix and materials to outside agencies, causing them to reduce their level of service. Alternatives to the County proving materials include: 1) Larger users can piggyback our bulk salt supply bid, but would have to have adequate storage; 2) Smaller users can contract with commercial providers that produce pre-mixed material. All the agencies have storage issues.&nbsp; </P> <P>Mike Perkins, Operations Manager Public Works, discussed the option of expanding the satellite facilities at Lone Star and Vinland so the County can store enough salt for the entire winter, 4,500 tons. The approximate cost for the expansion of each location would be $15-20,000 per facility. The County could store enough salt for our use and all outside agencies.<BR>The Board directed Staff to get more accurate administrative costs for outside agencies, compare that to the amount we are charging now, to calculate the cost of supplying to agencies at 100%, and then bring the information back to the Board for further consideration.</P> <P><STRONG>MISCELLANEOUS 04-28-08</STRONG><BR>Linda Finger, Planning Resource Coordinator, discussed with the Board an issue involving Bill Graham, Douglas County Resident, who purchased property 15 years ago on a private road. A previous body approved a private road for three divisions of the property, but the owner did not file the divisions. Staff thought the property would have to go through a large parcel division. The property is located within the Urban Growth Area. The owner can not meet public road requirements. </P> <P>It was the consensus of the Board for the item to be placed on the May 5, 2008 agenda for discussion.</P> <P><STRONG>ACCOUNTS PAYABLE&nbsp; 04-28-08</STRONG><BR>Jones moved to approve accounts payable in the amounts of $405,676.61 paid&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; on 04/21/08 and $450,680.86 paid on 04/28/08; and a wire transfer in the amount&nbsp;&nbsp;&nbsp; of $731,246.00 paid on 04/24/08. Motion was seconded by McElhaney and carried unanimously. </P> <P>Jones moved to adjourn the meeting; McElhaney seconded and the motion carried.&nbsp; </P> <P>&nbsp;</P> <P>____________________________&nbsp;&nbsp;&nbsp;&nbsp; ____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Jere McElhaney, Vice Chair</P> <P>ATTEST:</P> <P>_____________________________&nbsp;&nbsp; ____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member<BR>&nbsp;&nbsp;&nbsp; </P>

<P><BR>Johnson called the meeting to order at 6:35 p.m. on Wednesday, May 7, 2008 with all members present.&nbsp; </P> <P><STRONG>CONSENT AGENDA 05-07-08</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <P>&#9658; Commission order Nos. 08-040 and 08-042 (on file with the office of the Clerk);&nbsp; <BR>&#9658; Notice to Township for Cereal Malt Beverage License for Pipeline Productions at Clinton State Park on June 5-8, 2008. </P> <P>The motion was seconded by McElhaney and carried unanimously. </P> <P><EM>Pulled from Consent Agenda for separate motions:</EM></P> <P><STRONG>ZONING &amp; TEXT AMENDMENTS 05-07-08</STRONG><BR>The Board considered the initiation of a text amendment Article 18 of Minimum lots areas of A (Agriculture) and A1 (Suburban Home Residential).</P> <P>Jones moved the initiation of a text amendment to Article 18 in the Zoning Regulations to change the minimum parcel area requirements to staff’s recommendation of “3 or 5 acres” for roads classified as other than Principal Arterials and change the minimum parcel area requirement along Principal Arterials to 10 acres. The amendment should be written so that the revised minimum acreage requirements are retroactive to include all Certificates of Survey approved since January 1, 2007. Motion was seconded by Johnson and carried unanimously.&nbsp; </P> <P><STRONG>ZONING &amp; TEXT AMENDMENTS 05-07-08</STRONG><BR>The Board considered the initiation of a text amendment to Section 20-806 (d)(1) to clarify the number of divisions at an intersection.</P> <P>Jones moved the initiation of a text amendment to section 20-806(d)(1) of the Subdivision Regulations to clarify that a Parent Parcel at an intersection of two roads that are not both classified as Local roads may be split only one time into two Residential Development Parcels. Motion was seconded by Johnson and carried unanimously.&nbsp; </P> <P>[In response to the question Aaron Gaspers, Peridian Group, Inc. representing property owners of 735 E 550 Road, who asked if the reduction to ten (10) acres would then allow his client to retain an existing drive from a principal arterial road when bounded by a local road, Jones stated “no” the driveway would have to be relocated to N750 Road, a local township road if he wishes to keep three divisions from the parent parcel.]</P> <P><STRONG>PUBLIC HEARING 05-07-08</STRONG><BR>In the next order of business, the Chairman announced that the public hearing was&nbsp; to be conducted pursuant to Section 147 of the Internal Revenue Code of 1986,&nbsp;as amended, on the plan for The Industrial Development Authority of the County of Pima (Arizona) (the “Issuer”), to issue not to exceed $4,000,000 aggregate principal amount in bonds in one or more series, with the proceeds to be used by Family Life Broadcasting, Inc. for the purposes of financing and refinancing the acquisition and improvement of radio broadcast facilities and equipment for use by Family Life Broadcasting, Inc., including the acquisition of FM broadcast station KJTY, Lawrence, Kansas, transmitting from facilities located at 1031 East 1200 Road in Douglas County, Kansas. It was noted that the bonds are not being issued by Douglas County, and will not constitute a debt or obligation of the County or any other municipality or political subdivision of the State of Kansas.</P> <P>Members of the public were invited to comment with respect to the proposed financing plan and the nature of the facilities to be financed.&nbsp; No comments written or oral were received. <BR>After providing the opportunity for public comment, the Chairman closed the public hearing.</P> <P>Craig Weinaug, County Administrator, stated the tower complied with County regulations and that all documents have been reviewed by the County Counselor. </P> <P>Jones commented he is a strong believer in separation of church and state and d&#160;s not feel comfortable voting to approve the resolution. On the other hand, he would feel comfortable acknowledging the document. Johnson verified that the document must be approved after holding a public hearing, for tax reasons </P> <P>Thereupon, Commissioner Johnson moved, seconded by Commissioner McElhaney, that the Board adopt the following resolution, titled: </P> <P>A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF DOUGLAS COUNTY, KANSAS, APPROVING THE ISSUANCE OF REVENUE BONDS BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE COUNTY OF PIMA, ARIZONA, FOR THE BENEFIT OF FAMILY LIFE BROADCASTING, INC.</P> <P>The motion was approved and the Resolution was adopted by the following roll call vote:</P> <P>Aye:&nbsp;Johnson and McElhaney<BR>Nay: &nbsp;Jones</P> <P>Thereupon, said Resolution, having been adopted by a majority vote of the members of the Board, was given No. 08-16; was directed to be signed by the Commissioners approving the Resolution, attested to by the County Clerk, and made a part of the permanent records of the Board.</P> <P><STRONG>MISCELLANEOUS &amp; AIR QUALITY 05-07-08<BR></STRONG>It was the consensus of the Board to have the Air Quality Committee review a memo received on “Air Quality and Public Health” and have them make a recommendation. <BR>&nbsp;<BR><STRONG>MISCELLANEOUS &amp; SIREN POLICY REVISION 05-07-08<BR></STRONG>In reference to recent comments received from the public regarding the use of warning sirens during tornado season, Jones stated feels it is important to receive community input regarding discussion on revisions to the current Outdoor Warning Siren Policy. He directed the County Administrator to advise the Emergency Management Director the Commission wishes to have a public session to receive comments.&nbsp; </P> <P><STRONG>APPOINTMENT 05-07-08</STRONG><BR>Jones moved to appoint Joyce Wolf, Lawrence, Kansas, to the ECO2 Commission for a four-year term expiring July 2012, filling the expired term of RoxAnne Miller; and to reappoint Trudy Rice to serve a second four-year term to also expire July 2012. Motion was seconded by McElhaney and carried unanimously. </P> <P>Jones moved to adjourn the meeting; Johnson seconded and the motion carried.&nbsp; </P> <P>&nbsp;</P> <P>____________________________&nbsp;&nbsp;&nbsp;&nbsp; ____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Vice Chair</P> <P>ATTEST:</P> <P>_____________________________&nbsp;&nbsp; ____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member<BR>&nbsp;&nbsp;&nbsp; </P> <P><BR>&nbsp;</P>

<P>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; </P> <P>Johnson called the meeting to order at 8:30 a.m. on Monday, May 12, 2008 with all members present.&nbsp;&nbsp;&nbsp; </P> <P><STRONG>CONSENT AGENDA 05-12-08</STRONG><BR>McElhaney moved approval of the following Consent Agenda:</P> <P>&#9658;&nbsp; Notice to Township Board for Clinton Marina Parking Lot Special Event to sell Cereal Malt Beverages on the premises.</P> <P>The motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>PLANNING 05-12-08</STRONG><BR>The Board considered the approval of PP-02-02-08, a Preliminary Plat for Willow Springs Township Fire Station No. 2, located on the north side of the intersection of County Route 460 and E 1100 Road, Baldwin City. The application was submitted by the Willow Springs Trustee, for Vida &amp; John Flory, property owners of record.&nbsp; Paul Patterson, Lawrence - Douglas County Metropolitan Planning Staff was present for the discussion.&nbsp; Staff recommends that the Board approve the vacation of portions of road right-of-way and acceptance of dedication of easements and road rights-of-way. </P> <P>Johnson opened the item for public comment. No comments were received.<BR>Johnson closed the public comment. </P> <P>McElhaney moved to approve PP-02-02-08, Preliminary Plat for Willow Springs Township Fire Station No. 2. with approval of vacation of portions of road right-of-way and acceptance of dedication of easements and road rights-of-way.&nbsp; Motion was seconded by Johnson and carried unanimously. </P> <P><STRONG>PLANNING 05-12-08</STRONG><BR>The Board considered the approval of CUP-02-01-08, a Conditional Use Permit for Willow Springs Township Fire Station No. 2, located on the north side of the intersection of County Route 460 &amp; E 1100 Road, Baldwin City. The application was submitted by the Willow Springs Trustee, for Vida &amp; John Flory, property owners of record.&nbsp; Paul Patterson, Lawrence - Douglas County Metropolitan Planning Staff was present for the discussion.&nbsp; Staff recommends approval of CUP-02-01-08 based on the following findings of fact:</P> <P>Zoning and Uses of properties nearby.&nbsp; The current zoning is A (Agricultural).&nbsp; The subject property is a vacant triangular portion of the right-of-way at the southeast corner of the intersection of N 650 Road and E 1000 Road (north side of curved portion of County Route 460).</P> <P>Character of the area. The character of the area is agricultural with rural residential. </P> <P>Suitability of subject property for the uses to which it has been restricted. The proposed request will not alter the base Agricultural zoning district. Public uses, such as the proposed rural fire station and township seasonal road materials storage, are allowed in the A (Agricultural) district subject to approval of a Conditional Use Permit and compliance with Douglas County site plan standards. </P> <P>Length of time subject property has remained vacant a zoned. The subject property is vacant. The Agricultural zoning has been in place since it was zoned in 1966.</P> <P>Extent to which removal of restrictions will detrimentally affect nearby property. Approval of this request for the construction of a rural fire station will not remove any existing land use restrictions nor detrimentally affect nearby property. </P> <P>Relative gain to the public health, safety and welfare by the destruction of the value of the petitioner’s property as compared to the hardship imposed upon the individual landowners. Approval of the request will facilitate the Willow Springs Township Fire Station in providing improved service to customers, which will improve the health, safety and welfare in the surrounding rural area.</P> <P>Conformance with the comprehensive plan. The proposed use is in conformance with the comprehensive plan and provides for an improvement of fire protection and response services for rural residents in the area.&nbsp; </P> <P>McElhaney moved to approve CUP-02-01-08, a Conditional Use Permit for Willow Springs Township Fire Station No. 2. Motion was seconded by Johnson and carried unanimously. </P> <P><STRONG>CITY STAFF BRIEFING 05-12-08&nbsp;&nbsp; <BR></STRONG>Diane Stoddard, Assistant City Manager for the City of Lawrence, gave a briefing to the Board regarding drafts of TIF (Tax Increment Finance District) and TDD (Transportation Development District) policies and asked for comments from the County Commission. TIF districts are a redevelopment tool that enables the incremental revenues from a development to pay for public improvements associated with the development in order to help spur development. TDDs are a tool to enable the use of either special assessments or a special sales tax to be added to an area with the owner’s consent to finance certain transportation infrastructure projects. </P> <P>The Commissioners made the following comments:</P> <P>McElhaney asked, why have it1/2 Stoddard responded both provide good framework for decision making. The Oread Inn project brought up a lot of questions. It will give the Commission a good framework to judge projects to decide whether it is appropriate or not to use that tool. McElhaney stated concern about setting something up like a tax abatement. Stoddard stated the City d&#160;s not envision the creation of a tax abatement. It would be a policy of the City Commission, but it d&#160;s not create a perk. </P> <P>Johnson confirmed this it not a tax abatement. But it is like one in the sense that the City’s goal is to create a policy and develop standards which would then be applied&nbsp; to a request. Stoddard responded that the TIF is similar to an abatement policy in framework. </P> <P>Jones stated his concerns and used The Oread Inn as an example. He said if its tax projections fail, the applicant has the responsibility for paying off the debt. He commented that seems like a good policy. Stoddard responded that this policy would allow either a pay-as-you-go situation in which the City is issuing no debt, no tax increment bonds associated with it as in The Oread Inn. Or, it may envision the issuant of that debt. It d&#160;s allow for flexibility. Jones stated his thought is it ought to specify that the debt is the responsibility by the applicant, not by the community. The concept of benefit is ill defined. In the abatement policy the goal is to break even on costs because the value g&#160;s up and what you are expending is the additional value so there is no out-of-pocket expenditure, and ultimately you end up with something good on the tax rolls. Jones made reference to the development across from the parking garage on New Hampshire Street. The TIF was based on a sales rate that was never achieved. Stoddard replied originally when that district was put in place it envisioned some development at 9th and New Hampshire that has not transpired. Jones then commented that it should be the obligation of the applicant to explain how the package is realistic. He stated he d&#160;s not see that set out in the information. There is no cost benefit analysis in this document. He would like the applicant to come in with realistic expectations and revenues, and that the TIF makes sense. The issue of benefit should be more defined. Stoddard explained that instead of getting into the statutory requirements in the documents, which are extensive, there is a specific requirement with TIF for a feasibility study. It would look at the realistic benefits and the costs. With The Oread Inn, the applicant was responsible for the cost. Jones stated he would like to see that information referenced briefly in the policy. He stated his main concerns are liability of the applicant and to have realistic numbers to base whether the benefit has been achieved. He praised the City for doing this and thinks The Oread Inn is a great project. </P> <P>Johnson asked if it would only apply to infill redevelopment type of activity as opposed to a tool to be available to a developer on a new project at the outer edges of the community. He asked if it is not allowed or if it is a judgment issue that won’t be approved. Stoddard stated it has to be in certain types of areas to encourage redevelopment.</P> <P>Jones stated he would be most supportive of infrastructure. It might be politically smart in terms of neutralizing the opposition to mention that infill development is its primary purpose. <BR>&nbsp;<BR>Johnson opened the item for public comment. No comment was received.<BR>&nbsp;<BR>Jones asked if someone brought in an application today, who would review the documents. Stoddard replied it is envisioned the application would be reviewed by City Staff, much like The Oread Inn project where there is some initial discussion. The statute envisions sort of an initial hearing well before a district is established to discuss a project proposal. Then there is a period of time where it comes to the school board and the County for review.&nbsp; </P> <P>It was the consensus of the Board that they are in favor of both the TIF and TDD policies. </P> <P><STRONG>HEALTH DEPARTMENT 05-12-08</STRONG><BR>Dan Partridge, Director of the Lawrence-Douglas County Health Department, gave a presentation to the Board on its annual report. Issues discussed include a decrease in state funding and grants, their focus on quality improvement, each program having its own budget, and new sources of revenue to include food inspection. No action was taken. </P> <P><STRONG>PUBLIC WORKS &amp; WORK SESSION ITEM 05-12-08</STRONG><BR>&nbsp;The Board considered adoption of a resolution to create evaluation criteria for new roads that was tabled from the April 16, 2008 meeting. Linda Finger, Planning&nbsp;&nbsp; Resource Coordinator, and Keith Browning, Direct of Public Works, were present&nbsp;&nbsp; for the discussion.</P> <P>The Board discussed editorial changes and revising the table listed on page 2 of the draft resolution. Revisions included reversing Section II (Environmental &amp; Safety Considerations) and Section III (Road Network Considerations). The Board’s consensus was to require the applicant to meet all criteria under Section I (Economic Considerations) and the new Section II (Road Network Considerations) and to submit this with the road petition. The Board would then determine if review and approval of the petition should include consideration of the new Section III (Environmental &amp; Safety Considerations). The Board would use these evaluation criteria to determine the eligibility of the road petition being of benefit to the County.&nbsp; Item was tabled for staff to make the revisions discussed by the Commission.</P> <P><STRONG>EMERGENCY MANAGEMENT 05-12-08</STRONG><BR>Teri Smith, Director of Emergency Management, brought to the Board a revised Outdoor Warning Siren Policy for discussion. Jones stated a warning system should be less about a tornado, and more about people at risk.&nbsp; He directed staff to make a presentation at the Wednesday, May 21, 2008 meeting and open the presentation for public comment. </P> <P><STRONG>ACCOUNTS PAYABLE 05-12-08</STRONG><BR>Jones moved to approve accounts payable in the amount of $257,647.60 to be paid on 05/12/08. Motion was seconded by McElhaney and carried unanimously. </P> <P>Jones moved to adjourn the meeting; Johnson seconded and the motion carried.&nbsp; </P> <P><BR>____________________________&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; ____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Jere McElhaney, Vice Chair</P> <P>ATTEST:</P> <P>_____________________________&nbsp;&nbsp; ____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member</P>

<P>Johnson called the meeting to order at 6:35 p.m. on Wednesday, May 14, 2008 with all members present. The Pledge of Allegiance was recited. </P> <P><STRONG>CONSENT AGENDA 05-14-08</STRONG><BR>Jones moved approval of the following Consent Agenda:<BR>&nbsp; <BR>&#9658;&nbsp;Commission order Nos. 08-041, 08-043 and 08-044 (on file with the office of the Clerk);&nbsp; <BR>&nbsp; <BR>The motion was seconded by McElhaney and carried unanimously. <BR>&nbsp;<BR><STRONG>PARKS &amp; BIKE TRAILS 05-14-08<BR></STRONG>The Board considered the approval of the construction of a Mountain Bike Trail at Wells Overlook Park. Andrew McKee, KU Cycling Club &amp; Lawrence Mountain Bike Club; and Art King, Trail Maintenance Coordinator, were present for the discussion. The trails would be concentrated in the southwest corner of the park. Several one-way trails would be routed downhill through this area toward a common collection area at the bottom, while an uphill-specific trail would be located along the southern border of the park. All work on the trails would be done by volunteer labor using donated or salvaged materials. There would be no financial cost incurred by the County. King stated the trails can help erosion by stabilizing the area, like a terrace. </P> <P>The Commission discussed possible liabilities involved if someone were to get hurt on the trail. King talked about riders needing to sign a waiver. Craig Weinaug stated if the Commission is interested, the next step would be the negotiation of a contract that would address the liability issues. </P> <P>Jones stated concern about people being a nuisance to surrounding neighbors and park visitors. King stated he has no authority; however, their club has a Mountain Bike Patrol. Jones commented he would like to have the Sheriff’s Department, Fire &amp; Ambulance Department, and Public Works weigh in on the decision. The County Counselor needs to review for liability issues. Jenny Hesseltine, Administrative Intern, stated she and Mike Perkins, Operations Manager, have been out to view the park on several occasions and spoke with Ken Lassman, grandson of the Well’s donors. He is in support the bike trails. </P> <P>Johnson opened the item for public comment.</P> <P>Greg Burger, 1847 E 800 Road, stated he is in favor of the trails. </P> <P>It was the consensus of the Board if the issues can be worked out they are in favor of the project. Item was tabled for further information and a written proposal.&nbsp;<BR>&nbsp;<BR><STRONG>PUBLIC WORKS 05-14-08</STRONG><BR>The Board considered approval of a change order for the Lecompton Bridge Painting project. Keith Browning, Director of Public Works, stated the change order involved the painting contractor removing the outside portion of steel clips along the top outside flange of the outside girders prior to priming and painting. This will result in better corrosion protection and a better project. The clips supported stay-in-place, metal deck forms to support the deck concrete until it cured. In an effort to ensure a timely completion of the project, the clips were authorized. The change order includes removing approximately 26,000 clips by grinding. The contractor, Vimas Painting, has provided the cost estimate of $27,800, which is approximately 3.3% of the $836,000 contract.&nbsp;&nbsp; </P> <P>Johnson asked for public comment. No comment was received. </P> <P>Jones moved to approve the change order in the amount of $27,800 and authorized the Public Works Director to approve any addition to the change order up to 5%. Motion was seconded by McElhaney and carried unanimously.&nbsp; </P> <P><STRONG>PUBLIC WORKS 05-14-08</STRONG><BR>The Board conducted a Public Hearing for the proposed vacation of E700 Road from 1800N to 1900N. Michael Kelly, County Surveyor, was present for the hearing. The owner of Rockwall Farms, L.C., that abuts both sides of a one-mile segment of E700 Road, submitted a petition on January 28, 2008 to the Board requesting a vacation of this road. Notice of a public hearing has been published in the newspaper and sent via first class mail to abutting landowners. </P> <P>Jones moved to open the public hearing. Motion was seconded McElhaney and carried unanimously. </P> <P>Kelly stated he received a call from Jim Hughes on behalf of his mother, Fern Hughes, who stated she is favor of the road vacation. </P> <P>Terry Leibold, Barber Emerson, L.C., representing Rockwall Farms, L.C., stated concerns that people are using this road to access the property, which is to be used as a retreat. He is asking for the vacation. </P> <P>Patricia Smith, adjacent resident, stated she plans to build on her property and the vacation would deny her access to her property. She is opposed to the vacation.&nbsp; </P> <P>Johnson asked Kelly to point out the property location. Kelly stated Smith’s west property line is the road. She owns a half mile of the road north of the proposed vacation. Smith stated vacating the road would cause her property to be land locked. She presently takes access to her property off 747 Road and 1851 Diagonal Road. </P> <P>Item was tabled for the County Surveyor to discuss the vacation with the property owners involved and bring back to the Board with clear facts. </P> <P><STRONG>PUBLIC WORKS 05-14-08</STRONG><BR>The item to consider approval of a resolution for the vacation of E700 Road from 1800N to 1900N was tabled for further discussion.</P> <P><STRONG>PUBLIC WORKS 05-14-08</STRONG><BR>Public Hearing for considering the declaration of minimum maintenance for E700 Road from 1900N to 2000N. Item tabled for further discussion.</P> <P><STRONG>PUBLIC WORKS 05-14-08<BR></STRONG>The item to consider approval of a resolution for the declaration of minimum maintenance for E700 Road from 1900N to 2000N was tabled for further discussion. </P> <P><STRONG>ANNEXATION 05-14-08</STRONG><BR>The Board considered the approval of A-02-02-08 an annexation of approximately 154.9 acres, located at the northwest corner of N 1800 Road and E 900 Road. The application was submitted by Steven Schwada, agent for Stonewall Farms LLC; JDS Kansas LC; Pert LC; Penny J Tuckel; Axrom LLC; Venture Realty Corporation; Arco Sales Corporation; Venture Properties Inc; Industrial Square Corp; JDSS Limited Company; Radol LC; Tuckel Russell L JR; Northland Ventures LC; and Oread LC, property owners of record. The item was approved by the Planning Commission with a 6-2 vote on March 26, 2008. Sandra Day, Lawrence &amp; Douglas County Metropolitan Planning Staff, presented the item.&nbsp; </P> <P>Jane Eldredge and Matt Goff, representing the applicant, presented the Board with photos of the site. The I70 access and interchange is the dominant feature of the site. Eldredge stated she d&#160;s not believe the annexation will hinder or prevent the proper growth or development of the area or any incorporated city within Douglas County. A request was submitted to the County for industrial zoning four years ago which was denied by the County Commission on a 2-1 positive vote (a unanimous vote had been required for approval due to a valid protest petition). </P> <P>In 2007, the property owners made a request to the County Commission for I-2 (light industrial) zoning. On December 17, 2007 the Planning Commission recommended I-2 zoning on a 7-2 vote based on extensive findings of fact, including the fact it was consistent with the Comprehensive Plan. At that meeting, Staff pointed out that if the property were in the City, it would fall under the Land Development Code offering more stringent industrial regulations with more protection to the adjoining landowners. </P> <P>The City Manager subsequently suggested that the landowners pursue annexation for this parcel and the landowners agreed. Therefore, on March 26, 2008 the Planning Commission recommended annexation to the City Commission on a <BR>6-2 vote. </P> <P>On April 15, 2008, the City Commission adopted the resolution asking the County Commission to determine whether the annexation would hinder or prevent the proper growth or development of the area or any incorporated city. </P> <P>Eldredge stated the site has been deemed appropriate for industrial use by receiving the second highest score from the ECO2 Committee, by being shown as an industrial use in the Planning Commission recommendations for the T2030 Plan, by being specifically included in the Planning Commission recommended changes to Chapter Seven of Horizon 2020, and by being shown as industrial by the Planning Staff in the Farmer’s Turnpike Sector Plan. This site has the potential to create jobs and enhance the tax base. The item went before the Lecompton City Council on May 5, 2008. No action was taken. Rich Barr and Mark Bradford, Lawrence-Douglas County Fire and Medical, have confirmed that the two involved fire stations can respond to the site within eight minutes. </P> <P>Jones asked if there will be sufficient water for fire protection. Eldredge responded there will be a holding tank on site. </P> <P>Jones moved to open the item for public comment; motion was seconded by McElhaney and carried unanimously. </P> <P>Michael H&#160;flich, resident, stated he is not directly affected by the proposal, but suggested that the Board d&#160;s not have sufficient support information to make a finding that the annexation will not hinder or prevent the proper growth or development of the area or an incorporated city. He advised the Board a lawsuit is possible if the Board made the finding necessary for the City Commission to consider the proposed annexation.</P> <P>JoAnn Farb, resident, stated she is opposed to the annexation because of the affect it may have on the surrounding property owners and the water service.&nbsp; <BR>&nbsp;<BR>David Faurot, resident, stated he is opposed to the annexation and how it may hinder the development of the Farmland site.&nbsp;&nbsp; <BR>&nbsp;<BR>David Reynolds, resident, stated Douglas County is in desperate need of industrial space and revenue generated from that development. He asked the Board to keep long-term goals in mind to provide space for industrial development for the community. </P> <P>Chuck Warner, Interim CEO for the Chamber of Commerce, stated this month is the 50th anniversary of the Hallmark plant. Someone had the vision to push it through. He stated Douglas County needs industrial development, particularly at I70. He read a statement from Mike McGrew, chairman of McGrew Real Estate, stating his support of the annexation. </P> <P>Jim Haines, 984 N 1800 Road, stated he is opposed to the annexation and is concerned about a decrease in surrounding property value.&nbsp; </P> <P>Joan Golden, resident and Lawrence Banker, encouraged the Board to approve the annexation. She stated the annexation will help recruit new business to the area and increase the tax base. She stated 20 years ago the East Hills Business Park was an island annexation.</P> <P>David Ross, President of Scenic Riverway Community Association, stated he is opposed to the annexation. His concern is the industrial development will bring in low paying jobs. </P> <P>Ron Schneider, Attorney representing Scenic Riverway Community Association, stated island annexations are rare. He feels Ms. Eldredge missed the main point of whether the annexation will hinder or prevent the proper growth or development of the area or an incorporated city. He asked that because there is not presently adequate water or sewage, that the Board hold off on making a decision tonight.</P> <P>Ryan Wedel, Banker in Lawrence, stated industrial space is at an all time premium in terms of available space. He is in favor of the annexation for a long-term investment to the community.</P> <P>Stan Unruh, resident, stated he is concerned about his property value if the annexation is approved and he is also concerned that the proposal will produce industrial sprawl.&nbsp; </P> <P>Will Shockley, Assistant Fire Chief of Fire District No. 1, stated he is present on behalf of the Fire Department and as a landowner. He stated water infrastructure on the property will not sustain any type of fire suppression and he emailed a letter to the County Commission regarding this information.&nbsp; </P> <P>Debra Faurot, resident, stated she d&#160;s not have confidence that the Fire Department can respond to the site within an 8-minute period.&nbsp; </P> <P>Beth Johnson, Chamber of Commerce, stated the Chamber received 62 recruitment prospects last year, but 50% of those recruits turned Douglas County down due to lack of locations, buildings, rail and access to I70. Douglas County lacks Industrial locations with 50+ acres. She reminded the Board that when the East Hills Business Park was annexed it was not contiguous to the City. The industrial park makes a beautiful entrance to our community and pays over 2 million per year in taxes. </P> <P>Darrell Ward, resident, stated his is opposed to the annexation. He is concerned about his property value and the effect of a lagoon.&nbsp;&nbsp; </P> <P>Greg Burger, 1847 E 800 Road, stated his is opposed to the annexation. He is also concerned with the possibility of a decrease in his property value. </P> <P>Marguerite Ermeling, resident, stated she opposed to the annexation at this time because she feels the development of the site is premature. There is no documentation at this time that the annexation will be cost effective.&nbsp; </P> <P>J&#160; Farb, resident, stated he is concerned about the creek on his property and how toxic runoff will affect the water quality. He is also concerned about a decrease in property value and his style of living. </P> <P>Eldredge stated she d&#160;s not believe the neighbors will be harmed by the annexation. She feels it is important for the Board to specifically consider the finding that the </P> <P>statute requires the County Commission to determine: whether the proposed annexation will hinder or prevent the proper growth and development of either the area (which is confined to the definition of the property in question and the adjacent property, approximately 11 houses) and the development of any other incorporated city.</P> <P>Eldredge also stated that the statute d&#160;s not require action by any other city in&nbsp;&nbsp;&nbsp; the county. </P> <P>She also stated the information heard about water is speculation. Consideration of the water and sewer infrastructure issues will take place after the property is annexed and zoned. </P> <P>Eldredge stated the annexation is sought by the owner: 1) to bring the property under the jurisdiction of the City and thereby regulate the development more stringently to protect the neighbors; 2) to provide for much needed industrial space for the long-term growth of the County; and 3) to provide more jobs and more tax revenue.</P> <P>Jones moved to close the public comment; motion was seconded by Johnson and carried unanimously.&nbsp; </P> <P>McElhaney commented the role of the Board tonight is to follow the K.S.A, 12-520c statute of which he cannot find this area will be hindered in any way. He stated it is the Board’s responsibility to see that good planned future growth is available to this community and they have done that. Many in the community have gone to great lengths to determine how to make our community better. He is prepared to make the finding necessary for the annexation request to proceed </P> <P>Johnson stated that he had the County Counselor explain the statute and to remind the Board of what they are supposed to do. The statute stated that if an individual d&#160;s not like the decision by the Board, they have the option to ask the District Court to overrule the finding. The statute d&#160;s not require notice to adjacent landowners or other cities within the County, and d&#160;s not require a public hearing. Lack of a definite proposed use of the site d&#160;s not preclude the County Commission from making a determination. It is true that people that live in the rural area have only the County Commission to protect their interests. He stated he believes it is in the best interest of the County to use the land for industrial purposes, and doing so will not hinder or prevent the proper growth or development of the area or any incorporated city in the County. He therefore is also prepared to make the requested finding that would enable the City Commission to consider the proposed annexation.</P> <P>Jones stated his district is in the City of Lawrence. He believes the Board d&#160;s not have enough information to make a sound decision. He stated we do not have a sector plan, or a full build-out cost. He finds it astonishing the City Commission has advanced this idea when they cannot pay for the infrastructure they already have. </P> <P>Jones stated, “I cannot for the life of me see how anyone would be willing to support that sales tax unless or until we begin to draw strong connections between sound land use management and fiscal responsibility.” He stated he has supported the Hills Pet Food proposal, the Deciphera proposal, the Bioscience initiatives, redevelopment of the Farmland site, the creation of a TIF district for the Oread Hotel, and the Harris project in East Lawrence. At present, we have economic development requests involving the airport, 87 acres, and incubator facility. This annexation will add infrastructure costs. Jones stated we do not have enough money to do everything at once. He will not support another nickel increase unless we look at all of the demands and resources and make a rational informed decision about what we will pursue. He stated he is not in support of the finding. </P> <P>Johnson moved to direct staff to prepare a resolution finding that the annexation of the property will not hinder or prevent the proper growth and development of either: a) the area; or b) any other incorporated city located within Douglas County, Kansas, based on the testimony and documents received. The motion was seconded by McElhaney and carried 2-1 with Jones in opposition. </P> <P><STRONG>MISCELLANEOUS 05-14-08<BR></STRONG>Eileen Smith, resident, invited the Board to attend a solar energy fair on Saturday, May 17, 2008 at the Public Library.&nbsp; </P> <P><STRONG>ACCOUNTS PAYABLE 05-14-08</STRONG><BR>Jones moved approval of accounts payable in the amount of $745,260.17 paid on 05/08/09. FICA in the amount of $54,931.26 paid on 05/09/08; and KPERS in the amount of $64,126.71 paid on 05/09/08. Motion was seconded by McElhaney and carried unanimously. <BR>&nbsp;<BR>Jones moved to adjourn the meeting; Johnson seconded and the motion carried.&nbsp; </P> <P><BR>___________________________&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; ____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;&nbsp; Jere McElhaney, Vice Chair</P> <P>ATTEST:</P> <P>_____________________________&nbsp;&nbsp; ____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Charles Jones, Member<BR>&nbsp;&nbsp;&nbsp; </P>

<P>&nbsp;</P> <P>Johnson called the meeting to order at 8:30 a.m. on Monday, May 19, 2008, with all members present.&nbsp; </P> <P><STRONG>CONSENT AGENDA 05-19-08</STRONG><BR>Jones moved approval of the following Consent Agenda:<BR>&nbsp; <BR>&nbsp;&#9658; &nbsp;Cereal Malt Beverage License to Pipeline Productions for the Wakarusa Festival restricted to a period of June 5-June 8, 2008 at 798 N 1415 Road, Clinton State Park.</P> <P>The motion was seconded by McElhaney and carried unanimously. </P> <P><STRONG>ADMINISTRATION &amp; HEALTH INSURANCE RENEWAL 05-19-08<BR></STRONG>Pam Madl, Assistant County Administrator, made a presentation to the Board regarding the status of our current Douglas County Employee Healthcare Plan.&nbsp; Total claims for 2007-2008 increased by 21% over the previous year. The projected claims for 2008-2009 have been set at $5,240,371, approximately $380,000 less than last year’s claims. Madl recommended the following changes: change in reinsurance carrier to ING, change plan networks to “Freedom Network” which includes St. Luke’s Hospital, add a benefit for colonoscopies, and increase premiums by 10.7% to fund the plan at the expected claim level. The suggested employee premium rates are as follows:</P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: Arial; mso-bidi-font-size: 10.0pt">Full Premium Rate&#160;<o:p></o:p></SPAN></P> <P> <TABLE class=MsoTableGrid style="BORDER-RIGHT: medium none; BORDER-TOP: medium none; MARGIN: auto auto auto 27.9pt; BORDER-LEFT: medium none; BORDER-BOTTOM: medium none; BORDER-COLLAPSE: collapse; mso-table-layout-alt: fixed; mso-border-alt: solid windowtext .5pt; mso-yfti-tbllook: 480; mso-padding-alt: 0in 5.4pt 0in 5.4pt; mso-border-insideh: .5pt solid windowtext; mso-border-insidev: .5pt solid windowtext" cellSpacing=0 cellPadding=0 border=1> <TBODY> <TR style="mso-yfti-irow: 0"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: windowtext 1pt solid; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 87.25pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt" vAlign=top width=116> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-FAMILY: Arial"><o:p><FONT size=2>&nbsp;</FONT></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: windowtext 1pt solid; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 88.25pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=top width=118> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><SPAN style="FONT-FAMILY: Arial"><FONT size=2>Current Rates<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: windowtext 1pt solid; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 103.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=top width=138> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><SPAN style="FONT-FAMILY: Arial"><FONT size=2>2008-2009 Proposed Rates<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: windowtext 1pt solid; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 94.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=top width=126> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><SPAN style="FONT-FAMILY: Arial"><FONT size=2>Increase<o:p></o:p></FONT></SPAN></P></TD></TR> <TR style="mso-yfti-irow: 1"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 87.25pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=116> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-FAMILY: Arial"><FONT size=2>Employee Only<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 88.25pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=118> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><SPAN style="FONT-FAMILY: Arial"><FONT size=2>$449<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 103.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=138> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><SPAN style="FONT-FAMILY: Arial"><FONT size=2>$497<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 94.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=126> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><SPAN style="FONT-FAMILY: Arial"><FONT size=2>10.69%<o:p></o:p></FONT></SPAN></P></TD></TR> <TR style="mso-yfti-irow: 2"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 87.25pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=116> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-FAMILY: Arial"><FONT size=2>Employee + 1<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 88.25pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=118> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><SPAN style="FONT-FAMILY: Arial"><FONT size=2>$878<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 103.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=138> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><SPAN style="FONT-FAMILY: Arial"><FONT size=2>$972<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 94.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=126> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><SPAN style="FONT-FAMILY: Arial"><FONT size=2>10.71%<o:p></o:p></FONT></SPAN></P></TD></TR> <TR style="mso-yfti-irow: 3; mso-yfti-lastrow: yes"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 87.25pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=116> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-FAMILY: Arial"><FONT size=2>Family<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 88.25pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=118> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><SPAN style="FONT-FAMILY: Arial"><FONT size=2>$1,255<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 103.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=138> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><SPAN style="FONT-FAMILY: Arial"><FONT size=2>$1,390<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 94.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=126> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><SPAN style="FONT-FAMILY: Arial"><FONT size=2>10.76%<o:p></o:p></FONT></SPAN></P></TD></TR></TBODY></TABLE></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: Arial; mso-bidi-font-size: 10.0pt"><o:p>&nbsp;</o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: Arial; mso-bidi-font-size: 10.0pt">Employee Premium Rate<o:p></o:p></SPAN></P> <P> <TABLE class=MsoTableGrid style="BORDER-RIGHT: medium none; BORDER-TOP: medium none; MARGIN: auto auto auto 27.9pt; BORDER-LEFT: medium none; BORDER-BOTTOM: medium none; BORDER-COLLAPSE: collapse; mso-border-alt: solid windowtext .5pt; mso-yfti-tbllook: 480; mso-padding-alt: 0in 5.4pt 0in 5.4pt; mso-border-insideh: .5pt solid windowtext; mso-border-insidev: .5pt solid windowtext" cellSpacing=0 cellPadding=0 border=1> <TBODY> <TR style="mso-yfti-irow: 0"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: windowtext 1pt solid; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 81pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt" vAlign=top width=108> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-FAMILY: Arial"><o:p><FONT size=2>&nbsp;</FONT></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: windowtext 1pt solid; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 58.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=top width=78> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><SPAN style="FONT-FAMILY: Arial"><FONT size=2>Current Rates<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: windowtext 1pt solid; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=top width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><SPAN style="FONT-FAMILY: Arial"><FONT size=2>2008-2009<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: windowtext 1pt solid; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 81pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=top width=108> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><SPAN style="FONT-FAMILY: Arial"><FONT size=2>08-09 Increase per Pay Period<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: windowtext 1pt solid; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 1.25in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=top width=120> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><SPAN style="FONT-FAMILY: Arial"><FONT size=2>08-09 Increase per Month<o:p></o:p></FONT></SPAN></P></TD></TR> <TR style="mso-yfti-irow: 1"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 81pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=108> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-FAMILY: Arial"><FONT size=2>Employee Only<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 58.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=78> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><SPAN style="FONT-FAMILY: Arial"><FONT size=2>$26<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><SPAN style="FONT-FAMILY: Arial"><FONT size=2>$29<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 81pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=108> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><SPAN style="FONT-FAMILY: Arial"><FONT size=2>$1.39<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 1.25in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=120> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><SPAN style="FONT-FAMILY: Arial"><FONT size=2>$2.78<o:p></o:p></FONT></SPAN></P></TD></TR> <TR style="mso-yfti-irow: 2"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 81pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=108> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-FAMILY: Arial"><FONT size=2>Employee + 1<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 58.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=78> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><SPAN style="FONT-FAMILY: Arial"><FONT size=2>$165<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><SPAN style="FONT-FAMILY: Arial"><FONT size=2>$183<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 81pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=108> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><SPAN style="FONT-FAMILY: Arial"><FONT size=2>$8.83<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 1.25in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=120> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><SPAN style="FONT-FAMILY: Arial"><FONT size=2>$17.66<o:p></o:p></FONT></SPAN></P></TD></TR> <TR style="mso-yfti-irow: 3; mso-yfti-lastrow: yes"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 81pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=108> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-FAMILY: Arial"><FONT size=2>Family<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 58.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=78> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><SPAN style="FONT-FAMILY: Arial"><FONT size=2>$229<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><SPAN style="FONT-FAMILY: Arial"><FONT size=2>$254<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 81pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=108> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><SPAN style="FONT-FAMILY: Arial"><FONT size=2>$12.25<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 1.25in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=120> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><SPAN style="FONT-FAMILY: Arial"><FONT size=2>$24.50<o:p></o:p></FONT></SPAN></P></TD></TR></TBODY></TABLE></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: Arial; mso-bidi-font-size: 10.0pt"><o:p>&nbsp;</o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: Arial; mso-bidi-font-size: 10.0pt">Employer Premium<o:p></o:p></SPAN></P> <P> <TABLE class=MsoTableGrid style="BORDER-RIGHT: medium none; BORDER-TOP: medium none; MARGIN: auto auto auto 27.9pt; BORDER-LEFT: medium none; BORDER-BOTTOM: medium none; BORDER-COLLAPSE: collapse; mso-border-alt: solid windowtext .5pt; mso-yfti-tbllook: 480; mso-padding-alt: 0in 5.4pt 0in 5.4pt; mso-border-insideh: .5pt solid windowtext; mso-border-insidev: .5pt solid windowtext" cellSpacing=0 cellPadding=0 border=1> <TBODY> <TR style="mso-yfti-irow: 0"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: windowtext 1pt solid; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 81pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt" vAlign=top width=108> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-FAMILY: Arial"><o:p><FONT size=2>&nbsp;</FONT></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: windowtext 1pt solid; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=top width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><SPAN style="FONT-FAMILY: Arial"><FONT size=2>Current Rates<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: windowtext 1pt solid; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 85.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=top width=114> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><SPAN style="FONT-FAMILY: Arial"><FONT size=2>08-09 Proposed<o:p></o:p></FONT></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><SPAN style="FONT-FAMILY: Arial"><FONT size=2>Rated<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: windowtext 1pt solid; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 81pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=top width=108> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><SPAN style="FONT-FAMILY: Arial"><FONT size=2>08-09 Increase per Pay Period<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: windowtext 1pt solid; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 81pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=top width=108> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><SPAN style="FONT-FAMILY: Arial"><FONT size=2>08-09 Increase per Month<o:p></o:p></FONT></SPAN></P></TD></TR> <TR style="mso-yfti-irow: 1"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 81pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=108> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-FAMILY: Arial"><FONT size=2>Employee Only<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><SPAN style="FONT-FAMILY: Arial"><FONT size=2>$423<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 85.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=114> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><SPAN style="FONT-FAMILY: Arial"><FONT size=2>$468<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 81pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=108> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><SPAN style="FONT-FAMILY: Arial"><FONT size=2>$22.61<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 81pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=108> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><SPAN style="FONT-FAMILY: Arial"><FONT size=2>$45.22<o:p></o:p></FONT></SPAN></P></TD></TR> <TR style="mso-yfti-irow: 2"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 81pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=108> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-FAMILY: Arial"><FONT size=2>Employee + 1<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><SPAN style="FONT-FAMILY: Arial"><FONT size=2>$713<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 85.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=114> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><SPAN style="FONT-FAMILY: Arial"><FONT size=2>$789<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 81pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=108> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><SPAN style="FONT-FAMILY: Arial"><FONT size=2>$38.17<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 81pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=108> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><SPAN style="FONT-FAMILY: Arial"><FONT size=2>$76.35<o:p></o:p></FONT></SPAN></P></TD></TR> <TR style="mso-yfti-irow: 3; mso-yfti-lastrow: yes"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 81pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=108> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-FAMILY: Arial"><FONT size=2>Family<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><SPAN style="FONT-FAMILY: Arial"><FONT size=2>$1,026<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 85.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=114> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><SPAN style="FONT-FAMILY: Arial"><FONT size=2>$1,136<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 81pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=108> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><SPAN style="FONT-FAMILY: Arial"><FONT size=2>$55.25<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 81pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=108> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><SPAN style="FONT-FAMILY: Arial"><FONT size=2>$110.50<o:p></o:p></FONT></SPAN></P></TD></TR></TBODY></TABLE></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: Arial; mso-bidi-font-size: 10.0pt"><o:p>&nbsp;</o:p></SPAN>After discussion regarding the colonoscopy benefit and payment frequency as recommended by the Health Insurance Committee, Jones moved to approve coverage of a first colonoscopy at 100% and then 80/20 thereafter. Preventative colonoscopies should be no more often than once every five years. An exception would be if recommended by a physician; and to approve the premium increase as recommended by staff. Motion was seconded by Johnson and carried unanimously. </P> <P><STRONG>FAIRGROUNDS 05-19-08</STRONG><BR>Pam Madl, Assistant County Administrator, asked the Board to consider approving additional expenses for the Building 21 Remodel Project at the Douglas County Fairgrounds. Additional expenses to the kitchen remodel in the amount of $20,000 will need to be incurred for ceiling work and a half wall (built in the middle of the kitchen for electrical access) will bring the total project cost to approximately $135,000. The amount of $78,000 has been set aside from insurance coverage to contribute toward the total cost. Madl asked the Board to consider waiving the formal bidding process and to approve a not-to-exceed total of $135,000, and to allow her to approve change orders up to 5% on the approved amount. </P> <P>Johnson moved to waive the bidding process, approve the remodel cost of $135,000, and authorize the Assistant County Administrator to approve change orders up to 5% for the Building 21 Remodel. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>ACCOUNTS PAYABLE 05-19-08</STRONG><BR>Jones moved to approve accounts payable in the amount of $563,854.10 to be paid on 05/19/08. Motion was seconded by McElhaney and carried unanimously.</P> <P>Jones moved to adjourn the meeting; Johnson seconded and the motion carried.&nbsp; </P> <P><BR>___________________________&nbsp;&nbsp;&nbsp;&nbsp; ____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Vice Chair</P> <P>&nbsp;ATTEST:</P> <P>_____________________________&nbsp;&nbsp; ____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member</P>

<P>&nbsp;</P> <P>Johnson called the meeting to order at 6:35 p.m. on Wednesday, May 21, 2008 with all members present.&nbsp;&nbsp; </P> <P><STRONG>CONSENT AGENDA 05-21-08</STRONG><BR>McElhaney moved approval of the following Consent Agenda:<BR>&nbsp; <BR>&nbsp; &#9658;&nbsp; Commission order No. 08-044 (on file with the office of the Clerk);&nbsp; <BR>&nbsp;&nbsp;&#9658; &nbsp; Resolution 08-18, a resolution of the Board of County Commissioners of Douglas County finding the annexation of specified property will not hinder or prevent the proper growth and development of the area or any other incorporated city within Douglas County, Kansas.<BR>&nbsp; <BR>Noting that Resolution 08-18 reflects Jones is dissenting, the motion was seconded by Jones and carried unanimously. </P> <P><STRONG>PUBLIC WORKS 05-21-08.</STRONG> <BR>The Board considered the approval of a resolution for road evaluation criteria for the creation of property owner initiated new roads, as tabled from the April 16, 2008 meeting. Keith Browning, Director of Public Works, was present for the discussion. </P> <P>Browning stated the resolution provides criteria to evaluate petitions for new roads considered for approval. The petitioner will have to get approval from the township and county engineer prior to consideration by the County Commission. </P> <P>Johnson stated it is his intent to have objective criteria that can be applied when a request is made to treat all requests equally. Then the Board will look at the economics of it. If it makes sense and is not a burden to the tax payers, then the Board should do it. </P> <P>Johnson opened the item for public comment. No comment was received. </P> <P>Jones moved to approve Home Rule Resolution 08-5-2. a Home Rule Resolution providing considerations when establishing or extending public roads based upon landowner-initiated requests and repealing resolution HR-07-12-6. Motion was seconded by McElhaney and carried unanimously. </P> <P><STRONG>EMERGENCY MANAGEMENT 05-21-08</STRONG><BR>Teri Smith, Director of Emergency Communications, presented proposed revisions to the Outdoor Warning Siren Policy. Under the current policy sirens are sounded after a warning is issued for Douglas County and there is some independent verification of the existence of a tornado. Under the proposed policy, the sirens would be sounded whenever a warning is issued by the Weather Service regardless of whether the tornado is verified. </P> <P>Jones asked how often under the current warning policy the sirens are set off and what the increase will be. Smith stated the average number of siren soundings is twice per year. Under the new policy the average may increase to 5-7 times. </P> <P>Johnson opened the item for public comment.</P> <P>David Kymer, resident, stated he feels it is important to sound the siren if a warning is issued because it is difficult to detect tornad&#160;s at night. He is in favor of the new policy criteria. <BR>&nbsp;<BR>Jones asked Smith if the proposed policy is the same 24-hours a day. Smith confirmed it will be the same day and night.</P> <P>Donna McCarthy, resident, asked if there is a study in the community on what criteria the sirens are activated. Smith stated that Johnson County has very similar criteria; however, there is not a standard.&nbsp;&nbsp; </P> <P>It was the consensus of the Board they agree with the revised policy, and for staff&nbsp;&nbsp; to bring the Outdoor Warning Siren Policy back to the Board on Consent Agenda&nbsp;&nbsp; for approval. </P> <P><STRONG>ZONING &amp; CODES 05-21-08</STRONG><BR>The Board considered a request from Eric Bettis, representing Mid States Mining, to amend CUP-7-2-90, more specifically Condition VII-Performance Bond for Reclamation, to reduce the $400,000 bond filed for each 10 acres being quarried in each phase. A Personal Bond for $10,000 is also required. Currently, Mid States is quarrying in three phases and therefore is required to post a reclamation bond totaling $1,200,000 along with the $10,000 Personal Property Bond. The applicant is asking to reduce the current $40,000 per acre to $3,000. Keith Dabney, Director of Zoning and Codes, and Linda Finger, Planning Resource Coordinator, were present for the discussion. Dabney surveyed other counties throughout the state and found those with similar bond setups required $1,500 per affected acre. </P> <P>Jones asked when the original CUP was dated and who the Commissioners were. Dabney stated the original CUP was dated 1990. Commissioners Hiebert, McElhaney and Amyx approved the quarry with a unanimous vote. </P> <P>Eric Bettis, Mid States Materials, clarified the plant site has a $100,000 bond, and then there are three subsequent 10-acre tracts that each require a $400,000 bond. Currently there the bond total is for $1.2 million.&nbsp;&nbsp; </P> <P>Jones asked how many of the three sections are actually open. Bettis stated only one section at a time can be open due to the setup of the CUP. The operator is confined to 30-acres at a time. He would like his bond level to be reduced from $40,000 per acres to $3,000 per acre to be more consistent with other quarry operators within the State of Kansas. He is not requesting any additional limits beyond the CUP.</P> <P>Johnson asked what action would trigger the use of the bond. Bettis responded abandoning the site would trigger the policy. The Nichols family would rely on the bond. Jones asked if the Nichols family has money set aside to clean up the site. Bettis stated “no” they will rely on the bond. </P> <P>Jones stated our problem is to make sure we are balancing the operator’s interests with the interests of the neighbors and the tax payers. If we are to do anything we need to make sure cleanup is based on realistic reclamation costs. Rather than coming down to the lowest common denominator, we need to find if there is adequate money in the bond to do the reclamation required by law. Jones asked what the annual premium is on a $1.2 million bond. Bettis answered $40,000 plus. Bettis stated when reclaiming the property he plans to abide by the wishes of the property owner who prefers more lakes and water, which may not be preferred by the neighbors. </P> <P>Craig Weinaug, County Administrator, asked if there are limitations placed by the CUP as to how the property is reclaimed. Finger stated the land must be reclaimed according to the reclamation plan that is part of the CUP unless the County Commission amends the plan. Jones asked if the reclamation numbers prepared by Phil Struble reflected the CUP plan. Finger stated he used the plan submitted by the applicant for the CUP.&nbsp; </P> <P>Johnson opened the item for public comment. </P> <P>Patty O’Connor, resident, stated she prefers the bond be kept at the current amount to assure proper reclamation. She is concerned that the land will not be restored to its original state without the current bond limit.&nbsp;&nbsp;&nbsp; </P> <P>David Buffo, Attorney for Long Oak LLC, stated the hard cost of the bond is $40,000, not $1.2 million. He d&#160;sn’t feel enough information has been presented to decide a correct number and the $3,000 reduction is premature. He stated the amended CUP is specific in regards to the land being reclaimed to a state similar to the existing state or better. Buffo stated there are other issues Lone Oak would like to discuss in reference to the CUP. </P> <P>McElhaney stated other CUP issues need to go through the proper channels of the Zoning Department. Johnson added that anyone has the right to make a complaint, however, the complaint needs to be registered with Keith Dabney, Director of Zoning and Codes. Then, if the issue cannot be resolved it may come to the Commission&nbsp; for review. <BR>&nbsp;<BR>Bart Christian, owner of Lone Oak L.C., stated maybe $40,000 is too high, but he feels $3,000 is too low. He has three violations he would like to bring up: 1) pollution on his property; 2) vehicles leaving the site not covered, and 3) the trees planted&nbsp; are dead. He presented photos to the Commissioners showing trucks leaving the quarry site uncovered. Johnson stated the photographs will be given to Keith Dabney for review.</P> <P>McElhaney stated we need more education to make a decision. He feels it is not fair for one quarry to be required to pay a higher price for a bond than others unless it can be justified. </P> <P>Jones stated he agrees. He asked Bettis when he took the CUP, if he carefully reviewed the reclamation plan. Bettis replied, “yes.” Jones then asked if he could assume that Bettis is willing to comply with the reclamation plan within the CUP. Bettis replied, “yes.” Jones stated that it seems like a simple solution to get an honest third party broker to get a reclamation cost.&nbsp; </P> <P>The Board instructed Keith Dabney to work with Eric Bettis and the neighbors regarding the CUP issues, and for Mr. Bettis to get a mock bid from a Douglas County contractor for the cost to reclaim the open 30-acre site he is presently mining to determine the correct bond amount. The item was tabled for further discussion. </P> <P>Jones moved to adjourn the meeting; Johnson seconded and the motion carried.&nbsp; </P> <P><BR>___________________________&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; ____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;&nbsp;Jere McElhaney, Vice Chair</P> <P>ATTEST:</P> <P>_____________________________&nbsp;&nbsp; ____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Charles Jones, Member</P>

<P><BR>Johnson called the meeting to order at 8:32 a.m. on Monday, June 2, 2008 with all members present.&nbsp;&nbsp;&nbsp; </P> <P>Jones moved to approve the minutes of April 14 and April 16, 2008. Motion was seconded by McElhaney and carried unanimously. <BR>&nbsp;<BR><STRONG>CONSENT AGENDA 06-02-08</STRONG><BR>Johnson moved approval of the following Consent Agenda:</P> <P>&#9658; Commission Order Nos. 08-045 and 08-047 (on file with the office of the Clerk);<BR>&#9658; Adoption of new Outdoor Warning Siren Policy;<BR>&#9658; Resolution 08-19 authorizing the continued imposition of a telephone user tax for the operation of an enhanced 911 Emergency Telephone Service in Douglas County; <BR>&#9658; Resolution 08-20 granting a Special License for Clinton Marina Parking Lot Special Event to sell Cereal Malt Beverages at 1329 E 800 Road, Lawrence, Kansas on June 21, 200 only; and <BR>&#9658;Acknowledgement of fee reports for April 2008.</P> <P>Motion was seconded by McElhaney and carried unanimously.&nbsp; </P> <P><STRONG>ZONING 06-02-08</STRONG><BR>The Board considered approval of a resolution amending a Planning and Zoning Classification from A-1 (Suburban Home District) to B-3 (Limited Business District) for Lakeside Vista.&nbsp; Keith Dabney, Director of Zoning and Codes, was present for&nbsp; the discussion.&nbsp;&nbsp; </P> <P>Jones moved approval of Resolution 08-21 relating to and amending a regulated planning and zoning classification A-1 to B-3 within the unincorporated territory of Douglas County and also known as Lakeside Vista. Motion was seconded by McElhaney and carried unanimously. </P> <P><STRONG>MISCELLANEOUS &amp; ENERGY PRESENTATION 06-02-08</STRONG><BR>Kevin Green, Vice President of Custom Energy Services, LLC, made a presentation to the Board on doing an Investment Grade Audit and Guaranteed Energy Performance Contract for Douglas County. Also present were Terry Bickham, Project Engineer; Jenny Hesseltine, Administrative Intern; and Bill Bell, Director of Maintenance. Green discussed different potential energy saving and improvement areas. </P> <P>Johnson stated he wants to make sure the dollars we spend today insures the County will spend fewer dollars later. Green stated he can guarantee unit savings, but not in dollars because he has no control over the cost of the unit. <BR>Jones asked if we could end up with a break even situation. Green stated in some situations you may break even. </P> <P>Bill Bell, Director of Maintenance, stated there may be some suggestions we will not do. However, he feels the $19,000 would be well spent. </P> <P>McElhaney stated he d&#160;s not want a study done on the Public Works department because there may be a new campus in a few years. He also feels the jail is already well versed on energy efficiency. He asked if the contract can be scaled back to include only the buildings that will continue to be in use. <BR>&nbsp;<BR>Johnson stated the expenditure makes good sense. There is a possibility we can wind up with no savings, but may spend fewer dollars in the future. He thinks the unit costs will continue to increase no matter what we do. Jones stated he is also in support of the audit. </P> <P>It was the consensus of the Board to direct staff to develop a contract for the&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; audit based on the square footage of offices in use and to bring back to the Board&nbsp;&nbsp; for approval. <BR>&nbsp;<BR><STRONG>ACCOUNTS PAYABLE 06-02-08</STRONG><BR>Jones moved to approve accounts payable in the amounts of $416,387.23 paid on 05/27/08 and $132,197.40 to be paid on 06/02/08; payroll in the amount of $746,610.22 paid on 05/21/08; FICA in the amount of $55,039.04 paid on 05/23/08 and KPERS in the amount of $64,432.43 paid on 06/23/08. Motion was seconded by McElhaney and carried unanimously. </P> <P><STRONG>APPOINTMENT 06-02-08</STRONG><BR>Jones moved to approve the appointment of Ken McGovern, Douglas County Sheriff, to the Douglas County Mental Health, replacing the unexpired term of Rick Trapp, former Douglas County Sheriff, McGovern will also serve an additional full term to expire May 2011. Motion was seconded by McElhaney and carried unanimously.&nbsp; </P> <P>Jones moved to adjourn the meeting; Johnson seconded and the motion carried.&nbsp; </P> <P>&nbsp;</P> <P>____________________________&nbsp;&nbsp; ____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Vice Chair</P> <P>ATTEST:</P> <P>_____________________________&nbsp;&nbsp; ____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member<BR>&nbsp;&nbsp;&nbsp; </P>

<P>Johnson called the meeting to order at 6:35 p.m. on Wednesday, June 4, 2008 with all members present.&nbsp; </P> <P><STRONG>CONSENT AGENDA 06-04-08<BR></STRONG>Johnson moved approval of the following Consent Agenda:<BR>&nbsp; <BR>&#9658;Acquisition of right-of-way for Drainage Structure No. 5.72N – 18.50E from John F. and Sharon A. Vesecky, 1814 N 600 Road, Baldwin City, Kansas; and Barbara J. Coggburn, 584 E 1850 Road, Baldwin City, Kansas. <BR>&nbsp;&nbsp;<BR>The motion was seconded by Jones and carried unanimously. <BR>&nbsp;<BR><STRONG>PUBLIC WORKS 06-04-08</STRONG>&nbsp;<BR>Terese Gorman, County Engineer, asked the Board to consider authorizing the approval to solicit bids for the reconstruction of a portion of Route 1055 (6th Street)&nbsp; from Orange Street (N 200 Road) to Indiana Street in Baldwin City, Project No. 2007-16. Bill Winegar, Director of Public Works for Baldwin City, was present for the discussion. The project involves constructing a 31-foot back-to-back curb of urban collector-type roadway with storm sewers and sidewalks. Baldwin City and Douglas County entered into an agreement to equally share all construction costs, except for sidewalks, which are the responsibility of Baldwin City. The latest estimate indicates a total estimated construction cost of $1,207,500, which includes a 5% contingency. The estimate includes $50,000 for sidewalks; however, Baldwin is requesting additional sidewalks currently not shown on the plans. Douglas County costs are currently estimated at $698,733 and the CIP has funds set aside at $593,186 for the County’s share of the project.&nbsp; </P> <P>Johnson opened the item for public comment. No comment was made.</P> <P>Jones moved to approve authorization to solicit bids for Project 2007-16, the reconstruction of Route 1055 (6th Street) from Orange Street (N 200 Road) to Indiana Street in Baldwin City. Motion was seconded by Johnson and carried unanimously. </P> <P><STRONG>PLANNING 06-04-08</STRONG><BR>The Board considered the approval of SP-04-28-08, a revised site plan for Victorian Veranda Bed &amp; Breakfast located at 1431 N 1900 Road.&nbsp; Mary Miller, Lawrence and Douglas County Metropolitan Planning Department, was present for the discussion. The application was submitted by Rob Phillips for Beverly Phillips, property owner of record. The applicant is seeking approval for a septic system to be added to the property. A Conditional Use Permit was approved for the B&amp;B by the County Commission in 1997. At the time the CUP was approved, the site was 57.78 acres and a lagoon was installed to service the facility and residence. The property is now divided, containing 6.32 acres, and no longer has access to the lagoon. The Director of County Zoning and Codes indicated that codes require that the building be brought up to current codes to use as a residence or the two buildings should be combined to create one residence. The site plan shows the two houses as being connected, which is acceptable. Staff recommends approval of the revised site plan subject to the following conditions:</P> <P>1)&nbsp;A note must be added to the site plan which states that the landscaping will be maintained as shown on the site plan by the property owner and the property owner will replace any plants that die. <BR>2)&nbsp;A septic system permit must be approved by the Douglas County Health Authority prior to the issuance of any building permits. <BR>3)&nbsp;Four ADA accessible parking spaces be provided, 1 in the parking area with 14 spaces and 3 in the parking area with 60 spaces. These should be as near to the activity area as possible. </P> <P>Johnson suggested a language wording change to tie the condition to a building permit. </P> <P>Johnson opened the item for public comment. No comment was received.&nbsp;&nbsp;&nbsp; </P> <P>After discussion with Staff and the property owners, Jones moved to approve the SP-04-28-08, a site plan for revisions to the Victorian Veranda with the above listed conditions and an additional condition that the applicant will seek a permit for the revision and installation of the lateral system and septic system within the next 30 days. Until this work is complete, the bed and breakfast use will not commence and the home will remain solely a single-family residence. Motion was seconded by Johnson and carried unanimously. </P> <P><STRONG>PLANNING 06-04-08</STRONG><BR>The Board considered the approval of a Temporary Set Aside Agreement and a Cross Access Easement, for Cluster Development.&nbsp; A Certificate of Survey has been approved for the Cluster Development located in the south half of the northeast quarter of Section 33, Township 13 South, Range 19 East, for Gerald Dwyer, property owner of record. The Subdivision Regulations require that certain agreements and easements be dedicated and recorded for Cluster Developments. Mary Miller, Lawrence and Douglas County Metropolitan Planning Department, was present for the discussion. </P> <P>It was the consensus of the Board that the first 5 or 6 set aside agreements will come before the Board for review and then the rest can be done administratively by the County Administrator.</P> <P>Rob Phillips, property owner, commented on the lengthy process needed to get to the approval stage to build and also the cost involved in acquiring a Certificate of Survey and a ghost plat. </P> <P>Jones asked that before this Commission term ends, Miller initiates a discussion on the cost efficiency of acquiring a Certificate of Survey and ghost plat. </P> <P>Jones moved to approve the Temporary Set Aside Agreement, and for staff to make the adjustment to have the documents signed off administratively. The County Administrator can choose to bring the first few before the Board for review. Motion was seconded by McElhaney and carried unanimously.</P> <P>Jones moved to approve the Cross Access Easement, and for staff to make the adjustment to have the documents signed off administratively. The County Administrator can choose to bring the first few before the Board for review. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PUBLIC WORKS &amp; ROAD VACATION 06-04-08<BR></STRONG>The Board conducted a public hearing for the proposed vacation of E700 Road from 1800N to 1900N as tabled from the May 14, 2008 meeting. </P> <P>Johnson moved to open the public hearing. Motion was seconded by Jones and carried unanimously. </P> <P>Michael Kelly, County Surveyor, briefed the Commission on the details discussed at the May 14, 2008 meeting. The Rockwall Farms, L.C. property abuts both sides of a one-mile segment of E700 Road. This segment of road is coincidently within the approximate two mile portion of E700 Road, currently under consideration for a declaration of minimum maintenance. </P> <P>Terry Leibold, Barber Emerson, L.C., representing Rockwall Farms, L.C., presented maps showing the location of the petitioner’s land and the proposed roads for vacation. The road proposed to be vacated ends at Patricia Smith’s south boundary line. Due to the large amount of timber along the property line, it would not be feasible to put a road in that location.&nbsp; </P> <P>Jones asked if there is physical evidence of a road. Leibold stated there is evidence of a road entrance and trails, but no road.&nbsp; </P> <P>Patricia Smith, adjacent resident, stated she opposed the vacation. <BR>&nbsp;<BR>Jones moved to close the public hearing. Motion was seconded by McElhaney and carried unanimously. </P> <P>Jones commented that he understands Smith’s concerns but when someone owns both sides of the property, it would be difficult to acquire the road easements necessary to construct the road. Also the economics would never be there due to the nature of the land.</P> <P>Johnson stated the same seller is on both sides of the road. If there was any evidence of minimum maintenance or even minimum access from the south, he would be less inclined to agree with the vacation. There is only road right-of-way record, but no access. Therefore he supports the vacation. </P> <P>Jones moved to approve Resolution 08-22 for the vacation of a portion of E700 Road from 1800N to 1900N. Motion was seconded by Johnson and carried unanimously. </P> <P><STRONG>PUBLIC WORKS &amp; MINIMUM MAINTENANCE 06-04-08</STRONG><BR>The Board conducted a public hearing for the declaration of minimum maintenance for E700 Road from 1900N to 2000N as tabled from the May 14, 2008 meeting. The Lecompton Township has requested “Minimum Maintenance Road Designation” for this section of E 700 Road. This prevents the surrounding area from becoming landlocked while reducing tort liability associated with failure to maintain a roadway to normal standards. </P> <P>Jones moved to open the public hearing; motion was seconded by McElhaney and carried unanimously.</P> <P>Michael Kelly, County Surveyor, stated there is no evident road bed present. </P> <P>McElhaney moved to close the public hearing; motion was seconded by Jones and carried unanimously. </P> <P>McElhaney moved to approve Staff’s recommendation designate E700 Road as a minimum maintenance road. Motion was seconded by Jones and carried unanimously. <BR>&nbsp;<BR><STRONG>PUBLIC WORKS &amp; SANCTUARY PROPOSAL 06-04-08</STRONG><BR>Reverend Gary Teske, Trinity Lutheran Church, asked the Board to consider a proposal for renovation and lease of the Sanctuary side of Public Works building. Also representing the church were Shawn Norris, KU Campus Ministry; Eric West, Chairman of Campus Ministry Board; and Kevin Boatright, Campus Ministry Board <BR>Johnson asked if the County Counselor had reviewed the proposal. Craig Weinaug, County Administrator, responded that he had not because this proposal is not an agreement for signature. </P> <P>The Board discussed a lease agreement length of 20 years, giving the church the first right of refusal if the County should decide to sell the property, and if the County wanted the property back before the lease expire, the church would want reimbursement for improvements depreciated over a 20 year period. The County would not be held responsible for overnight activities. The Board asked that the contract be drawn up to reflect yearly payments. </P> <P>It was the consensus of the Board to direct the County Counselor to prepare a lease document accordingly. </P> <P><STRONG>MISCELLANEOUS 06-04-08</STRONG><BR>Jones stated he received a letter from Donna Bell, Lawrence-Douglas County Health Board Chairperson, regarding new EPA Air Quality Standards. He suggested the Board invite Ms. Bell to meet with them and the Health Department at a joint City/County/School Board meeting.&nbsp;&nbsp; . </P> <P><STRONG>MISCELLANEOUS &amp; ENERGY AUDIT 06-04-08</STRONG><BR>The Board considered approval of the Investment Grade Audit Agreement with Custom Energy. Jenny Hesseltine, Administrative Intern, stated that Evan Ice, County Counselor, had reviewed the contract and is comfortable with it. The contract amount was adjusted from $19,000 to $13,410 due to a calculation error on the part of Custom Energy.&nbsp; Hesseltine stated Pam Madl would like to be involved with the Management Committee. Hesseltine also suggested Bill Bell, and asked if one of the Commissioners would also like to be involved. She also commented that the County Counselor would be speaking with Ryan Freed, Energy Council, regarding the State statute and the bidding process. </P> <P>It was the consensus of the Board to authorize the County Administrator to execute the contract and for the expense to be paid from the Commissioner’s account.</P> <P>Jones moved to adjourn the meeting; Johnson seconded and the motion carried.&nbsp; </P> <P>&nbsp;<BR>___________________________&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp; Jere McElhaney, Vice Chair</P> <P>ATTEST:</P> <P>_____________________________&nbsp;&nbsp; ____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member</P>

<P><BR>Johnson called the meeting to order at 4:55 p.m. on Tuesday, June 17, 2008 with all members present.&nbsp; </P> <P>Johnson moved approval of the minutes for May 14, 2008. Motion was seconded by Jones and carried unanimously. </P> <P>&nbsp;[The Board of County Commissioners attended a joint City/County Commission Study Session beginning at 5:00 p.m. in the City Commission Room of City Hall.]&nbsp;&nbsp; </P> <P>Jones moved to adjourn the meeting; Johnson seconded and the motion carried.&nbsp; </P> <P>&nbsp;<BR>___________________________&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Jere McElhaney, Vice Chair</P> <P>ATTEST:</P> <P>_____________________________&nbsp;&nbsp; ____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member<BR>&nbsp;&nbsp;&nbsp; </P>

<P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 10pt; BACKGROUND: white; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto" class=MsoNormal><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'">Johnson called the meeting to order at 8:40 a.m. on Monday, June 23, 2008 with all members present. &#160;<o:p></o:p></SPAN></P> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 10pt; BACKGROUND: white; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto" class=MsoNormal><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'">Jones moved the approval of the minutes of April 14, 2008 (Amended Minutes); April 28, May 5, and May 7, 2008. Motion was seconded by McElhaney and carried unanimously. <o:p></o:p></SPAN></P> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 10pt; BACKGROUND: white; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto" class=MsoNormal><B><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'">CONSENT AGENDA 06-23-08</SPAN></B><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'"><BR>Jones moved approval of the following Consent Agenda:<o:p></o:p></SPAN></P> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 10pt; BACKGROUND: white; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto" class=MsoNormal><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'">&#9658; Commission order No. 08-048; 08-049; 08-050; and 08-051 (on file with the office of the Clerk); <BR>&#9658; SFY 2009 Block Grant Agreement between Douglas County, Kansas and the Kansas Juvenile Justice Authority; <BR>&#9658; Grant Agreement with Destination Management, Inc. for allocation of public funds; and<BR>&#9658; Adoption of report of the 2008 annual review of the Douglas/Jefferson Counties Regional Solid Waste Management Plan (Keith Browning)<BR><BR>The motion was seconded by Johnson and carried unanimously.<BR><BR><I>Pulled from the agenda:</I><BR><B>FIRE &amp; MEDICAL 06-23-08</B> <BR>The item to consider approval of an increase in ambulance rates was tabled for a future agenda. <o:p></o:p></SPAN></P> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 10pt; BACKGROUND: white; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto" class=MsoNormal><B><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'">PLANNING &amp; TEXT AMENDMENT 06-23-08<BR></SPAN></B><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'">The Board considered the approval of CPA-2007-2, a Comprehensive Plan Amendment to Horizon 2020, Chapter 6, designed to ensure that proper comprehensive plan language is in place for a proposed Mixed Use District in the City of Lawrence Land Development Code as recommended by Staff. Dan Warner, Lawrence &amp; Douglas County Metropolitan Planning Department, was present for the discussion. The amendment is meant to accommodate residential and commercial on the same site. For example, the new classification would allow the use of an office on the lower floor of a building and residential on the upper level.<o:p></o:p></SPAN></P> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 10pt; BACKGROUND: white; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto" class=MsoNormal><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'">Jones asked about the Jayhawk Bookstore at 14th and Massachusetts Street. Rexwinkle stated if there are residential uses on the upper floor, this is the only zoning that would allow them to continue use. This district isn’t meant to replace the downtown zoning, but currently we have to zone to accommodate a single dwelling above a shop, so technically there are a lot of uses in downtown that are not compliant until this amendment is passed. Jones asked if the amendment could be applied to new areas. Warner replied, “yes” it could to new areas, depending upon the location and if on less than 20 acres within the City of Lawrence. <o:p></o:p></SPAN></P> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 10pt; BACKGROUND: white; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto" class=MsoNormal><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'">Johnson opened the item for public comment. No comment was received. <o:p></o:p></SPAN></P> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 10pt; BACKGROUND: white; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto" class=MsoNormal><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'">McElhaney asked for clarification as to whether this amendment could apply to property in the Urban Growth Area (UGA). Warner stated the UGA not been discussed. J&#160; Rexwinkle, Planning Department, clarified there are no plans to extend this amendment to areas outside the city limits of Lawrence. <o:p></o:p></SPAN></P> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 10pt; BACKGROUND: white; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto" class=MsoNormal><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'">Johnson moved to approve CPA-2007-2, an amendment to Horizon 2020 to include a classification of mixed-use development areas in Chapter 6 Commercial Land Use. Motion was seconded by Jones and carried unanimously. <BR><BR><B>PLANNING &amp; RESOLUTIONS 06-23-08</B><BR>Jones moved to approve the adoption of Joint City Ordinance No. 8272 of the City of Lawrence, Kansas, and County Resolution 08-24 of the Board of County Commissioners of Douglas County, Kansas, approving amendments to the Comprehensive Land Use Plan “Horizon 2020” by amending Chapter Six – Commercial Land Use, Lawrence – Mixed Use District. Motion was seconded by McElhaney and carried unanimously. <o:p></o:p></SPAN></P> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 10pt; BACKGROUND: white; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto" class=MsoNormal><B><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'">PUBLIC WORKS 06-23-08</SPAN></B><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'"><BR>Thereupon, and among other business, there were presented certain documents relating to the following described improvements heretofore authorized by the Board of County Commission:<o:p></o:p></SPAN></P> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 10pt; BACKGROUND: white; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto" class=MsoNormal><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'">N 600 Road Benefit District – Road Improvements<o:p></o:p></SPAN></P> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 10pt; BACKGROUND: white; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto" class=MsoNormal><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'">Resolution No. 07-08<BR>Improve N 600 road, from easterly right of way line of E 1700 Road (County Route 1055) to E 1750 Road to County Standards with chip sealed aggregate base surfacing and appropriate drainage structure replacements. <o:p></o:p></SPAN></P> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 10pt; BACKGROUND: white; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto" class=MsoNormal><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'">The documents presented are as follows:<o:p></o:p></SPAN></P> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 10pt; BACKGROUND: white; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto" class=MsoNormal><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'">Exhibit A- Statement of Final Costs<BR>Exhibit B- Assessment Roll Certification<BR>Exhibit C- Notice of Public Hearing<BR>Exhibit D- Form of Notice of Hearing, Statement of Cost Proposed to be Assessed, and Resolution No. 07-08<o:p></o:p></SPAN></P> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 10pt; BACKGROUND: white; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto" class=MsoNormal><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'">After full consideration thereof, Commissioner Johnson moved to take the following action:<o:p></o:p></SPAN></P> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 10pt; BACKGROUND: white; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto" class=MsoNormal><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'">1. Approved each of said documents;<BR>2. Establish July 16, 2008, at 6:35 p.m., to meet for the purpose of hearing any and all written or oral objections to the respective assessments set forth therein; <o:p></o:p></SPAN></P> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 10pt; BACKGROUND: white; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto" class=MsoNormal><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'">3. Cause the County Clerk to publish the Notice of Public Hearing (Exhibit C) in the official County newspaper not less that 20 days prior to such public meeting date; <BR>4. Mail by certified mail the Form of Notice of Hearing, Statement of Cost Proposed to be Assessed and Resolution No. 07-08 (Exhibit D) to each and all owners of property affected by such assessments at their last known post office address on the same date as the publication of Notice of Public Hearing (Exhibit C); and<BR>5. File each of said documents of record in the office of the County Clerk and make the same available for public inspection.<o:p></o:p></SPAN></P> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 10pt; BACKGROUND: white; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto" class=MsoNormal><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'">The motion was seconded by Commissioner Jones and approved by the following roll call vote:<BR>Yea: 3<BR>Nay: 0<o:p></o:p></SPAN></P> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 10pt; BACKGROUND: white; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto" class=MsoNormal><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'">[The public hearing was scheduled for July 16, 2008 at 6:35 p.m.] <o:p></o:p></SPAN></P> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 10pt; BACKGROUND: white; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto" class=MsoNormal><B><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'">PUBLIC WORKS 06-23-08</SPAN></B><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'"><BR>The Board considered the approval of the 2009-2013 Five-Year Plan request for federally funded projects. A plan request for the following five-year period is updated each year and submitted to the Kansas Department of Transportation (KDOT). The following is a listing of projects on the current plan (2008-2012):<BR>- Project No. 23 C-4122-01; Replacement of Route 1023 bridge over Rock Creek located at 697 E 100 Road (currently under construction by Midwest Construction);<BR>- Project NO. 23-C-4123-01; Replacement of Route 1057 bridge over the Wakarusa River (Engineering design work has not started. Considering KDOT’s plan development schedule, January 2012 is the earliest bid opening date.<o:p></o:p></SPAN></P> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 10pt; BACKGROUND: white; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto" class=MsoNormal><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'">For the 2009-2013 Five-Year Plan, KDOT estimates a total of $2,352,501 in federal funds will be available for Douglas County. The Route 1057 bridge project will consume the majority of those funds. The Board discussed whether reducing heavy traffic on the bridge would lengthen the life span of the bridge. Keith Browning, Director of Public Works, stated to enforce the heavy load restrictions, scales would need to be purchased. He stated the bridge needs to be replaced within the next 5 to 10 years. Restricting the traffic would push the life of the bridge closer to 10 years allowing for more time to accumulate funds.<o:p></o:p></SPAN></P> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 10pt; BACKGROUND: white; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto" class=MsoNormal><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'">Johnson opened the item for public comment. No comment was received.<o:p></o:p></SPAN></P> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 10pt; BACKGROUND: white; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto" class=MsoNormal><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'">Jones moved approval of the following projects for the 2009-2013 Five-Year Plan: <BR>- Project No. 23 C-4121-01; 1.7 miles east of Eudora;<BR>- Project No. 23 C-4122-01; 7.0 miles north and 1.0 miles E of the southwest corner of County;<BR>- Project No. 23 C-4123-01; 2.0 miles west and 1.o miles south of Eudora;<BR>- Project (No number); 2.0 miles east and 0.6 miles north of Lone Star.<o:p></o:p></SPAN></P> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 10pt; BACKGROUND: white; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto" class=MsoNormal><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'">Noting the Board had a lengthy discussion regarding the condition of the 1057 Bridge and the need for its replacement; motion was seconded by McElhaney and carried unanimously.<o:p></o:p></SPAN></P> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 10pt; BACKGROUND: white; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto" class=MsoNormal><B><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'">WORK SESSION 06-23-08</SPAN></B><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'"><BR>Several members of County Staff and the City/County Planning Staff attended a work session with the Board on the application process and procedure issues for unresolved items related to the Subdivision, Zoning, or Access Management Regulations. Items discussed were presented in briefing papers prepared by staff for the Board. General discussion and actions related to these Briefing Papers are as follows:<o:p></o:p></SPAN></P> <P> <TABLE style="BORDER-BOTTOM: medium none; BORDER-LEFT: medium none; MARGIN: auto auto auto 77.4pt; WIDTH: 459pt; BORDER-COLLAPSE: collapse; BORDER-TOP: medium none; BORDER-RIGHT: medium none; mso-border-alt: solid windowtext .5pt; mso-yfti-tbllook: 480; mso-padding-alt: 0in 5.4pt 0in 5.4pt; mso-border-insideh: .5pt solid windowtext; mso-border-insidev: .5pt solid windowtext" class=MsoNormalTable border=1 cellSpacing=0 cellPadding=0 width=612> <THEAD> <TR style="HEIGHT: 17.5pt; mso-yfti-irow: 0; mso-yfti-firstrow: yes"> <TD style="BORDER-BOTTOM: windowtext 1pt solid; BORDER-LEFT: windowtext 1pt solid; PADDING-BOTTOM: 0in; PADDING-LEFT: 5.4pt; WIDTH: 459pt; PADDING-RIGHT: 5.4pt; BACKGROUND: black; HEIGHT: 17.5pt; BORDER-TOP: windowtext 1pt solid; BORDER-RIGHT: windowtext 1pt solid; PADDING-TOP: 0in; mso-border-alt: solid windowtext .5pt" vAlign=top width=612 colSpan=4> <P style="TEXT-ALIGN: center; LINE-HEIGHT: normal; MARGIN: 0in 0in 0pt" class=MsoNormal align=center><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: 'Arial','sans-serif'; COLOR: white; FONT-SIZE: 10pt; mso-fareast-font-family: 'Times New Roman'">POLICY DISCUSSION: Unintended or Unresolved Consequences </SPAN></B><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'"><o:p></o:p></SPAN></P></TD></TR> <TR style="HEIGHT: 17.5pt; mso-yfti-irow: 1"> <TD style="BORDER-BOTTOM: windowtext 1pt solid; BORDER-LEFT: windowtext 1pt solid; PADDING-BOTTOM: 0in; PADDING-LEFT: 5.4pt; WIDTH: 83.85pt; PADDING-RIGHT: 5.4pt; BACKGROUND: #737373; HEIGHT: 17.5pt; BORDER-TOP: #f0f0f0; BORDER-RIGHT: windowtext 1pt solid; PADDING-TOP: 0in; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=112> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 0pt" class=MsoNormal><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: 'Arial','sans-serif'; FONT-SIZE: 10pt; mso-fareast-font-family: 'Times New Roman'">Regulations</SPAN></B><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'"><o:p></o:p></SPAN></P></TD> <TD style="BORDER-BOTTOM: windowtext 1pt solid; BORDER-LEFT: #f0f0f0; PADDING-BOTTOM: 0in; PADDING-LEFT: 5.4pt; WIDTH: 95.45pt; PADDING-RIGHT: 5.4pt; BACKGROUND: #737373; HEIGHT: 17.5pt; BORDER-TOP: #f0f0f0; BORDER-RIGHT: windowtext 1pt solid; PADDING-TOP: 0in; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=top width=127> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 0pt" class=MsoNormal><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: 'Arial','sans-serif'; FONT-SIZE: 10pt; mso-fareast-font-family: 'Times New Roman'">Briefing Paper</SPAN></B><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'"><o:p></o:p></SPAN></P></TD> <TD style="BORDER-BOTTOM: windowtext 1pt solid; BORDER-LEFT: #f0f0f0; PADDING-BOTTOM: 0in; PADDING-LEFT: 5.4pt; WIDTH: 174.8pt; PADDING-RIGHT: 5.4pt; BACKGROUND: #737373; HEIGHT: 17.5pt; BORDER-TOP: #f0f0f0; BORDER-RIGHT: windowtext 1pt solid; PADDING-TOP: 0in; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=top width=233> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 0pt" class=MsoNormal><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: 'Arial','sans-serif'; FONT-SIZE: 10pt; mso-fareast-font-family: 'Times New Roman'">Issue</SPAN></B><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'"><o:p></o:p></SPAN></P></TD> <TD style="BORDER-BOTTOM: windowtext 1pt solid; BORDER-LEFT: #f0f0f0; PADDING-BOTTOM: 0in; PADDING-LEFT: 5.4pt; WIDTH: 104.9pt; PADDING-RIGHT: 5.4pt; BACKGROUND: #737373; HEIGHT: 17.5pt; BORDER-TOP: #f0f0f0; BORDER-RIGHT: windowtext 1pt solid; PADDING-TOP: 0in; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=top width=140> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 0pt" class=MsoNormal><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: 'Arial','sans-serif'; FONT-SIZE: 10pt; mso-fareast-font-family: 'Times New Roman'">Assigned</SPAN></B><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'"><o:p></o:p></SPAN></P></TD></TR></THEAD> <TBODY> <TR style="HEIGHT: 105.7pt; mso-yfti-irow: 2"> <TD style="BORDER-BOTTOM: windowtext 1pt solid; BORDER-LEFT: windowtext 1pt solid; PADDING-BOTTOM: 0in; BACKGROUND-COLOR: transparent; PADDING-LEFT: 5.4pt; WIDTH: 83.85pt; PADDING-RIGHT: 5.4pt; HEIGHT: 105.7pt; BORDER-TOP: #f0f0f0; BORDER-RIGHT: windowtext 1pt solid; PADDING-TOP: 0in; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" rowSpan=5 width=112> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 0pt" class=MsoNormal><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: 'Arial','sans-serif'; FONT-SIZE: 10pt; mso-fareast-font-family: 'Times New Roman'">LAND USE:</SPAN></B><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'"><o:p></o:p></SPAN></P> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 0pt" class=MsoNormal><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: 'Arial','sans-serif'; FONT-SIZE: 10pt; mso-fareast-font-family: 'Times New Roman'">Subdivision Regulations</SPAN></B><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'"><o:p></o:p></SPAN></P></TD> <TD style="BORDER-BOTTOM: windowtext 1pt solid; BORDER-LEFT: #f0f0f0; PADDING-BOTTOM: 0in; BACKGROUND-COLOR: transparent; PADDING-LEFT: 5.4pt; WIDTH: 95.45pt; PADDING-RIGHT: 5.4pt; HEIGHT: 105.7pt; BORDER-TOP: #f0f0f0; BORDER-RIGHT: windowtext 1pt solid; PADDING-TOP: 0in; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" width=127> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 0pt" class=MsoNormal><SPAN style="FONT-FAMILY: 'Arial','sans-serif'; FONT-SIZE: 10pt; mso-fareast-font-family: 'Times New Roman'">Briefing Paper 1</SPAN><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'"><o:p></o:p></SPAN></P> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 0pt" class=MsoNormal><SPAN style="FONT-FAMILY: 'Arial','sans-serif'; COLOR: blue; FONT-SIZE: 10pt; mso-fareast-font-family: 'Times New Roman'">Will be handled in a memo not a briefing paper.</SPAN><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'"><o:p></o:p></SPAN></P></TD> <TD style="BORDER-BOTTOM: windowtext 1pt solid; BORDER-LEFT: #f0f0f0; PADDING-BOTTOM: 0in; BACKGROUND-COLOR: transparent; PADDING-LEFT: 5.4pt; WIDTH: 174.8pt; PADDING-RIGHT: 5.4pt; HEIGHT: 105.7pt; BORDER-TOP: #f0f0f0; BORDER-RIGHT: windowtext 1pt solid; PADDING-TOP: 0in; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=top width=233> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 0pt" class=MsoNormal><SPAN style="FONT-FAMILY: 'Arial','sans-serif'; FONT-SIZE: 10pt; mso-fareast-font-family: 'Times New Roman'">20-801(d)(2) Process for division of a property owned and developed by a public utility – exemption or platting. Should same process or a different process apply to municipal buildings and township/community service buildings1/2</SPAN><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'"><o:p></o:p></SPAN></P></TD> <TD style="BORDER-BOTTOM: windowtext 1pt solid; BORDER-LEFT: #f0f0f0; PADDING-BOTTOM: 0in; BACKGROUND-COLOR: transparent; PADDING-LEFT: 5.4pt; WIDTH: 104.9pt; PADDING-RIGHT: 5.4pt; HEIGHT: 105.7pt; BORDER-TOP: #f0f0f0; BORDER-RIGHT: windowtext 1pt solid; PADDING-TOP: 0in; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=top width=140> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 0pt" class=MsoNormal><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: 'Arial','sans-serif'; FONT-SIZE: 10pt; mso-fareast-font-family: 'Times New Roman'">Linda/Evan</SPAN></B><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'"><o:p></o:p></SPAN></P> <P style="LINE-HEIGHT: normal; MARGIN: 0in -5pt 0pt 0in" class=MsoNormal><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: 'Arial','sans-serif'; COLOR: purple; FONT-SIZE: 10pt; mso-fareast-font-family: 'Times New Roman'">BOCC accepted staff recommendation to make no changes to regulations</SPAN></B><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'"><o:p></o:p></SPAN></P></TD></TR> <TR style="mso-yfti-irow: 3"> <TD style="BORDER-BOTTOM: windowtext 1pt solid; BORDER-LEFT: #f0f0f0; PADDING-BOTTOM: 0in; BACKGROUND-COLOR: transparent; PADDING-LEFT: 5.4pt; WIDTH: 95.45pt; PADDING-RIGHT: 5.4pt; BORDER-TOP: #f0f0f0; BORDER-RIGHT: windowtext 1pt solid; PADDING-TOP: 0in; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" width=127> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 0pt" class=MsoNormal><SPAN style="FONT-FAMILY: 'Arial','sans-serif'; FONT-SIZE: 10pt; mso-fareast-font-family: 'Times New Roman'">Briefing Paper 2</SPAN><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'"><o:p></o:p></SPAN></P></TD> <TD style="BORDER-BOTTOM: windowtext 1pt solid; BORDER-LEFT: #f0f0f0; PADDING-BOTTOM: 0in; BACKGROUND-COLOR: transparent; PADDING-LEFT: 5.4pt; WIDTH: 174.8pt; PADDING-RIGHT: 5.4pt; BORDER-TOP: #f0f0f0; BORDER-RIGHT: windowtext 1pt solid; PADDING-TOP: 0in; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=top width=233> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 0pt" class=MsoNormal><SPAN style="FONT-FAMILY: 'Arial','sans-serif'; FONT-SIZE: 10pt; mso-fareast-font-family: 'Times New Roman'">Creation of Residential Development Parcels from a Parent Parcel and ability to create only one instead of a minimum of 2</SPAN><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'"><o:p></o:p></SPAN></P></TD> <TD style="BORDER-BOTTOM: windowtext 1pt solid; BORDER-LEFT: #f0f0f0; PADDING-BOTTOM: 0in; BACKGROUND-COLOR: transparent; PADDING-LEFT: 5.4pt; WIDTH: 104.9pt; PADDING-RIGHT: 5.4pt; BORDER-TOP: #f0f0f0; BORDER-RIGHT: windowtext 1pt solid; PADDING-TOP: 0in; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=top width=140> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 0pt" class=MsoNormal><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: 'Arial','sans-serif'; FONT-SIZE: 10pt; mso-fareast-font-family: 'Times New Roman'">Mary</SPAN></B><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'"><o:p></o:p></SPAN></P> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 0pt" class=MsoNormal><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: 'Arial','sans-serif'; COLOR: purple; FONT-SIZE: 10pt; mso-fareast-font-family: 'Times New Roman'">BOCC initiated text amendment for July PC mtg</SPAN></B><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'"><o:p></o:p></SPAN></P></TD></TR> <TR style="HEIGHT: 72.5pt; mso-yfti-irow: 4"> <TD style="BORDER-BOTTOM: windowtext 1pt solid; BORDER-LEFT: #f0f0f0; PADDING-BOTTOM: 0in; BACKGROUND-COLOR: transparent; PADDING-LEFT: 5.4pt; WIDTH: 95.45pt; PADDING-RIGHT: 5.4pt; HEIGHT: 72.5pt; BORDER-TOP: #f0f0f0; BORDER-RIGHT: windowtext 1pt solid; PADDING-TOP: 0in; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" width=127> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 0pt" class=MsoNormal><SPAN style="FONT-FAMILY: 'Arial','sans-serif'; FONT-SIZE: 10pt; mso-fareast-font-family: 'Times New Roman'">Briefing Paper 3</SPAN><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'"><o:p></o:p></SPAN></P></TD> <TD style="BORDER-BOTTOM: windowtext 1pt solid; BORDER-LEFT: #f0f0f0; PADDING-BOTTOM: 0in; BACKGROUND-COLOR: transparent; PADDING-LEFT: 5.4pt; WIDTH: 174.8pt; PADDING-RIGHT: 5.4pt; HEIGHT: 72.5pt; BORDER-TOP: #f0f0f0; BORDER-RIGHT: windowtext 1pt solid; PADDING-TOP: 0in; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=top width=233> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 0pt" class=MsoNormal><SPAN style="FONT-FAMILY: 'Arial','sans-serif'; FONT-SIZE: 10pt; mso-fareast-font-family: 'Times New Roman'">Redefining the environmentally sensitive lands section to apply only to those features which are clearly definable by another source such as Floodway, Floodway Fringe, and Jurisdictional Wetlands. </SPAN><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'"><o:p></o:p></SPAN></P></TD> <TD style="BORDER-BOTTOM: windowtext 1pt solid; BORDER-LEFT: #f0f0f0; PADDING-BOTTOM: 0in; BACKGROUND-COLOR: transparent; PADDING-LEFT: 5.4pt; WIDTH: 104.9pt; PADDING-RIGHT: 5.4pt; HEIGHT: 72.5pt; BORDER-TOP: #f0f0f0; BORDER-RIGHT: windowtext 1pt solid; PADDING-TOP: 0in; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=top width=140> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 0pt" class=MsoNormal><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 10.5pt; mso-fareast-font-family: 'Times New Roman'">Mary</SPAN></B><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'"><o:p></o:p></SPAN></P> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 0pt" class=MsoNormal><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; COLOR: purple; FONT-SIZE: 9pt; mso-fareast-font-family: 'Times New Roman'">BOCC initiated text amendment for July PC mtg</SPAN></B><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'"><o:p></o:p></SPAN></P></TD></TR> <TR style="HEIGHT: 80.5pt; mso-yfti-irow: 5"> <TD style="BORDER-BOTTOM: windowtext 1pt solid; BORDER-LEFT: #f0f0f0; PADDING-BOTTOM: 0in; BACKGROUND-COLOR: transparent; PADDING-LEFT: 5.4pt; WIDTH: 95.45pt; PADDING-RIGHT: 5.4pt; HEIGHT: 80.5pt; BORDER-TOP: #f0f0f0; BORDER-RIGHT: windowtext 1pt solid; PADDING-TOP: 0in; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" width=127> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 0pt" class=MsoNormal><SPAN style="FONT-FAMILY: 'Arial','sans-serif'; FONT-SIZE: 10pt; mso-fareast-font-family: 'Times New Roman'">Briefing Paper 4</SPAN><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'"><o:p></o:p></SPAN></P> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 0pt" class=MsoNormal><SPAN style="FONT-FAMILY: 'Arial','sans-serif'; COLOR: blue; FONT-SIZE: 10pt; mso-fareast-font-family: 'Times New Roman'">Will be handled in a memo not a briefing paper.</SPAN><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'"><o:p></o:p></SPAN></P></TD> <TD style="BORDER-BOTTOM: windowtext 1pt solid; BORDER-LEFT: #f0f0f0; PADDING-BOTTOM: 0in; BACKGROUND-COLOR: transparent; PADDING-LEFT: 5.4pt; WIDTH: 174.8pt; PADDING-RIGHT: 5.4pt; HEIGHT: 80.5pt; BORDER-TOP: #f0f0f0; BORDER-RIGHT: windowtext 1pt solid; PADDING-TOP: 0in; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=top width=233> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 0pt" class=MsoNormal><SPAN style="FONT-FAMILY: 'Arial','sans-serif'; FONT-SIZE: 10pt; mso-fareast-font-family: 'Times New Roman'">What are viable uses for vacated, reclaimed right-of-way and how should the divisions created by vacation be viewed in regard to exemption and vested rights sections1/2</SPAN><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'"><o:p></o:p></SPAN></P></TD> <TD style="BORDER-BOTTOM: windowtext 1pt solid; BORDER-LEFT: #f0f0f0; PADDING-BOTTOM: 0in; BACKGROUND-COLOR: transparent; PADDING-LEFT: 5.4pt; WIDTH: 104.9pt; PADDING-RIGHT: 5.4pt; HEIGHT: 80.5pt; BORDER-TOP: #f0f0f0; BORDER-RIGHT: windowtext 1pt solid; PADDING-TOP: 0in; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=top width=140> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 0pt" class=MsoNormal><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 10.5pt; mso-fareast-font-family: 'Times New Roman'">Linda/Evan</SPAN></B><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'"><o:p></o:p></SPAN></P> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 0pt" class=MsoNormal><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; COLOR: purple; FONT-SIZE: 9pt; mso-fareast-font-family: 'Times New Roman'">BOCC accepted staff recommendation to make no changes to regulations</SPAN></B><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'"><o:p></o:p></SPAN></P></TD></TR> <TR style="HEIGHT: 125.5pt; mso-yfti-irow: 6"> <TD style="BORDER-BOTTOM: windowtext 1pt solid; BORDER-LEFT: #f0f0f0; PADDING-BOTTOM: 0in; BACKGROUND-COLOR: transparent; PADDING-LEFT: 5.4pt; WIDTH: 95.45pt; PADDING-RIGHT: 5.4pt; HEIGHT: 125.5pt; BORDER-TOP: #f0f0f0; BORDER-RIGHT: windowtext 1pt solid; PADDING-TOP: 0in; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" width=127> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 0pt" class=MsoNormal><SPAN style="FONT-FAMILY: 'Arial','sans-serif'; FONT-SIZE: 10pt; mso-fareast-font-family: 'Times New Roman'">Briefing Paper 5</SPAN><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'"><o:p></o:p></SPAN></P></TD> <TD style="BORDER-BOTTOM: windowtext 1pt solid; BORDER-LEFT: #f0f0f0; PADDING-BOTTOM: 0in; BACKGROUND-COLOR: transparent; PADDING-LEFT: 5.4pt; WIDTH: 174.8pt; PADDING-RIGHT: 5.4pt; HEIGHT: 125.5pt; BORDER-TOP: #f0f0f0; BORDER-RIGHT: windowtext 1pt solid; PADDING-TOP: 0in; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=top width=233> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 0pt" class=MsoNormal><SPAN style="FONT-FAMILY: 'Arial','sans-serif'; FONT-SIZE: 10pt; mso-fareast-font-family: 'Times New Roman'">Property in agricultural production that has less than 40 acres; how is this to be treated when an outbuilding/accessory building is requested1/2 Administrative policy sets 40 acres as minimum for a farm/ag use of land. Should this be codified in regulations – zoning or subdivision1/2</SPAN><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'"><o:p></o:p></SPAN></P></TD> <TD style="BORDER-BOTTOM: windowtext 1pt solid; BORDER-LEFT: #f0f0f0; PADDING-BOTTOM: 0in; BACKGROUND-COLOR: transparent; PADDING-LEFT: 5.4pt; WIDTH: 104.9pt; PADDING-RIGHT: 5.4pt; HEIGHT: 125.5pt; BORDER-TOP: #f0f0f0; BORDER-RIGHT: windowtext 1pt solid; PADDING-TOP: 0in; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=top width=140> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 0pt" class=MsoNormal><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 10.5pt; mso-fareast-font-family: 'Times New Roman'">Linda/Keith D</SPAN></B><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'"><o:p></o:p></SPAN></P> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 0pt" class=MsoNormal><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; COLOR: purple; FONT-SIZE: 9pt; mso-fareast-font-family: 'Times New Roman'">BOCC directed staff to prepare a resolution to codify existing administrative policy in regard to determination of agricultural use</SPAN></B><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'"><o:p></o:p></SPAN></P></TD></TR> <TR style="HEIGHT: 80.5pt; mso-yfti-irow: 7"> <TD style="BORDER-BOTTOM: windowtext 1pt solid; BORDER-LEFT: windowtext 1pt solid; PADDING-BOTTOM: 0in; BACKGROUND-COLOR: transparent; PADDING-LEFT: 5.4pt; WIDTH: 83.85pt; PADDING-RIGHT: 5.4pt; HEIGHT: 80.5pt; BORDER-TOP: #f0f0f0; BORDER-RIGHT: windowtext 1pt solid; PADDING-TOP: 0in; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" width=112> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 0pt" class=MsoNormal><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 10.5pt; mso-fareast-font-family: 'Times New Roman'">LAND USE :</SPAN></B><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'"><o:p></o:p></SPAN></P> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 0pt" class=MsoNormal><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 10.5pt; mso-fareast-font-family: 'Times New Roman'">Subdivision Regulations and Zoning Regulations</SPAN></B><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'"><o:p></o:p></SPAN></P></TD> <TD style="BORDER-BOTTOM: windowtext 1pt solid; BORDER-LEFT: #f0f0f0; PADDING-BOTTOM: 0in; BACKGROUND-COLOR: transparent; PADDING-LEFT: 5.4pt; WIDTH: 95.45pt; PADDING-RIGHT: 5.4pt; HEIGHT: 80.5pt; BORDER-TOP: #f0f0f0; BORDER-RIGHT: windowtext 1pt solid; PADDING-TOP: 0in; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" width=127> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 0pt" class=MsoNormal><SPAN style="FONT-FAMILY: 'Arial','sans-serif'; FONT-SIZE: 10pt; mso-fareast-font-family: 'Times New Roman'">Briefing Paper 6</SPAN><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'"><o:p></o:p></SPAN></P></TD> <TD style="BORDER-BOTTOM: windowtext 1pt solid; BORDER-LEFT: #f0f0f0; PADDING-BOTTOM: 0in; BACKGROUND-COLOR: transparent; PADDING-LEFT: 5.4pt; WIDTH: 174.8pt; PADDING-RIGHT: 5.4pt; HEIGHT: 80.5pt; BORDER-TOP: #f0f0f0; BORDER-RIGHT: windowtext 1pt solid; PADDING-TOP: 0in; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=top width=233> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 0pt" class=MsoNormal><SPAN style="FONT-FAMILY: 'Arial','sans-serif'; FONT-SIZE: 10pt; mso-fareast-font-family: 'Times New Roman'">Consideration of ability to develop second dwelling on land for family member (senior or adult child w/ special needs) without creating a new land division or separate ownership for second dwelling</SPAN><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'"><o:p></o:p></SPAN></P></TD> <TD style="BORDER-BOTTOM: windowtext 1pt solid; BORDER-LEFT: #f0f0f0; PADDING-BOTTOM: 0in; BACKGROUND-COLOR: transparent; PADDING-LEFT: 5.4pt; WIDTH: 104.9pt; PADDING-RIGHT: 5.4pt; HEIGHT: 80.5pt; BORDER-TOP: #f0f0f0; BORDER-RIGHT: windowtext 1pt solid; PADDING-TOP: 0in; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=top width=140> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 0pt" class=MsoNormal><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 10.5pt; mso-fareast-font-family: 'Times New Roman'">Linda/Keith</SPAN></B><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'"><o:p></o:p></SPAN></P> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 0pt" class=MsoNormal><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; COLOR: purple; FONT-SIZE: 9pt; mso-fareast-font-family: 'Times New Roman'">BOCC directed staff to prepare amendment to Guest House in Zoning Regulations </SPAN></B><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'"><o:p></o:p></SPAN></P></TD></TR> <TR style="mso-yfti-irow: 8"> <TD style="BORDER-BOTTOM: windowtext 1pt solid; BORDER-LEFT: windowtext 1pt solid; PADDING-BOTTOM: 0in; BACKGROUND-COLOR: transparent; PADDING-LEFT: 5.4pt; WIDTH: 83.85pt; PADDING-RIGHT: 5.4pt; BORDER-TOP: #f0f0f0; BORDER-RIGHT: windowtext 1pt solid; PADDING-TOP: 0in; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" width=112> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 0pt" class=MsoNormal><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 10.5pt; mso-fareast-font-family: 'Times New Roman'">LAND USE:</SPAN></B><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'"><o:p></o:p></SPAN></P> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 0pt" class=MsoNormal><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 10.5pt; mso-fareast-font-family: 'Times New Roman'">Subdivision regulations, </SPAN></B><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'"><o:p></o:p></SPAN></P> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 0pt" class=MsoNormal><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 10.5pt; mso-fareast-font-family: 'Times New Roman'">Zoning Regulations, and Access Management Regulations</SPAN></B><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'"><o:p></o:p></SPAN></P></TD> <TD style="BORDER-BOTTOM: windowtext 1pt solid; BORDER-LEFT: #f0f0f0; PADDING-BOTTOM: 0in; BACKGROUND-COLOR: transparent; PADDING-LEFT: 5.4pt; WIDTH: 95.45pt; PADDING-RIGHT: 5.4pt; BORDER-TOP: #f0f0f0; BORDER-RIGHT: windowtext 1pt solid; PADDING-TOP: 0in; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" width=127> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 0pt" class=MsoNormal><SPAN style="FONT-FAMILY: 'Arial','sans-serif'; FONT-SIZE: 10pt; mso-fareast-font-family: 'Times New Roman'">No paper –</SPAN><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'"><o:p></o:p></SPAN></P> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 0pt" class=MsoNormal><SPAN style="FONT-FAMILY: 'Arial','sans-serif'; COLOR: blue; FONT-SIZE: 10pt; mso-fareast-font-family: 'Times New Roman'">Was determined on 05/05/08 by County Commission to be a policy issue; not a regulatory amendment issue.</SPAN><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'"><o:p></o:p></SPAN></P></TD> <TD style="BORDER-BOTTOM: windowtext 1pt solid; BORDER-LEFT: #f0f0f0; PADDING-BOTTOM: 0in; BACKGROUND-COLOR: transparent; PADDING-LEFT: 5.4pt; WIDTH: 174.8pt; PADDING-RIGHT: 5.4pt; BORDER-TOP: #f0f0f0; BORDER-RIGHT: windowtext 1pt solid; PADDING-TOP: 0in; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=top width=233> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 0pt" class=MsoNormal><SPAN style="FONT-FAMILY: 'Arial','sans-serif'; FONT-SIZE: 10pt; mso-fareast-font-family: 'Times New Roman'">Existing approved private roads with less than approved number of dwellings and ability to now created divisions accessing pvt. road in accordance with prior approval for divisions. What process/procedure should be followed – is there a need to create an exemption or vested rights section to address this issue or should there be an administrative waiver, BOCC appeal procedure be created1/2</SPAN><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'"><o:p></o:p></SPAN></P></TD> <TD style="BORDER-BOTTOM: windowtext 1pt solid; BORDER-LEFT: #f0f0f0; PADDING-BOTTOM: 0in; BACKGROUND-COLOR: transparent; PADDING-LEFT: 5.4pt; WIDTH: 104.9pt; PADDING-RIGHT: 5.4pt; BORDER-TOP: #f0f0f0; BORDER-RIGHT: windowtext 1pt solid; PADDING-TOP: 0in; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=top width=140> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 0pt" class=MsoNormal><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 10.5pt; mso-fareast-font-family: 'Times New Roman'">Linda/Keith D</SPAN></B><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'"><o:p></o:p></SPAN></P> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 0pt" class=MsoNormal><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; COLOR: purple; FONT-SIZE: 9pt; mso-fareast-font-family: 'Times New Roman'">No action taken – BOCC previously ruled on this issue on 05-05-08.</SPAN></B><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'"><o:p></o:p></SPAN></P></TD></TR> <TR style="mso-yfti-irow: 9"> <TD style="BORDER-BOTTOM: windowtext 1pt solid; BORDER-LEFT: windowtext 1pt solid; PADDING-BOTTOM: 0in; BACKGROUND-COLOR: transparent; PADDING-LEFT: 5.4pt; WIDTH: 83.85pt; PADDING-RIGHT: 5.4pt; BORDER-TOP: #f0f0f0; BORDER-RIGHT: windowtext 1pt solid; PADDING-TOP: 0in; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" width=112> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 0pt" class=MsoNormal><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 10.5pt; mso-fareast-font-family: 'Times New Roman'">LAND USE:</SPAN></B><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'"><o:p></o:p></SPAN></P> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 0pt" class=MsoNormal><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 10.5pt; mso-fareast-font-family: 'Times New Roman'">Subdivision Regulations and Access Management Regulations</SPAN></B><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'"><o:p></o:p></SPAN></P></TD> <TD style="BORDER-BOTTOM: windowtext 1pt solid; BORDER-LEFT: #f0f0f0; PADDING-BOTTOM: 0in; BACKGROUND-COLOR: transparent; PADDING-LEFT: 5.4pt; WIDTH: 95.45pt; PADDING-RIGHT: 5.4pt; BORDER-TOP: #f0f0f0; BORDER-RIGHT: windowtext 1pt solid; PADDING-TOP: 0in; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" width=127> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 0pt" class=MsoNormal><SPAN style="FONT-FAMILY: 'Arial','sans-serif'; FONT-SIZE: 10pt; mso-fareast-font-family: 'Times New Roman'">Briefing Paper 7</SPAN><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'"><o:p></o:p></SPAN></P></TD> <TD style="BORDER-BOTTOM: windowtext 1pt solid; BORDER-LEFT: #f0f0f0; PADDING-BOTTOM: 0in; BACKGROUND-COLOR: transparent; PADDING-LEFT: 5.4pt; WIDTH: 174.8pt; PADDING-RIGHT: 5.4pt; BORDER-TOP: #f0f0f0; BORDER-RIGHT: windowtext 1pt solid; PADDING-TOP: 0in; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=top width=233> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 0pt" class=MsoNormal><SPAN style="FONT-FAMILY: 'Arial','sans-serif'; FONT-SIZE: 10pt; mso-fareast-font-family: 'Times New Roman'">Further discussion &amp; definition of how and when steep slopes should be applied in rural residential development and road issues</SPAN><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'"><o:p></o:p></SPAN></P></TD> <TD style="BORDER-BOTTOM: windowtext 1pt solid; BORDER-LEFT: #f0f0f0; PADDING-BOTTOM: 0in; BACKGROUND-COLOR: transparent; PADDING-LEFT: 5.4pt; WIDTH: 104.9pt; PADDING-RIGHT: 5.4pt; BORDER-TOP: #f0f0f0; BORDER-RIGHT: windowtext 1pt solid; PADDING-TOP: 0in; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=top width=140> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 0pt" class=MsoNormal><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 10.5pt; mso-fareast-font-family: 'Times New Roman'">Linda/Keith B</SPAN></B><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'"><o:p></o:p></SPAN></P> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 0pt" class=MsoNormal><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; COLOR: purple; FONT-SIZE: 9pt; mso-fareast-font-family: 'Times New Roman'">BOCC initiated text amendment for July PC meeting</SPAN></B><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'"><o:p></o:p></SPAN></P></TD></TR> <TR style="mso-yfti-irow: 10"> <TD style="BORDER-BOTTOM: windowtext 1pt solid; BORDER-LEFT: windowtext 1pt solid; PADDING-BOTTOM: 0in; BACKGROUND-COLOR: transparent; PADDING-LEFT: 5.4pt; WIDTH: 83.85pt; PADDING-RIGHT: 5.4pt; BORDER-TOP: #f0f0f0; BORDER-RIGHT: windowtext 1pt solid; PADDING-TOP: 0in; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" width=112> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 0pt" class=MsoNormal><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 10.5pt; mso-fareast-font-family: 'Times New Roman'">LAND USE: </SPAN></B><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'"><o:p></o:p></SPAN></P> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 0pt" class=MsoNormal><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 10.5pt; mso-fareast-font-family: 'Times New Roman'">Subdivision Regulations and Zoning Regulations consistency on application of Article 18 to Certificates of Survey </SPAN></B><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'"><o:p></o:p></SPAN></P></TD> <TD style="BORDER-BOTTOM: windowtext 1pt solid; BORDER-LEFT: #f0f0f0; PADDING-BOTTOM: 0in; BACKGROUND-COLOR: transparent; PADDING-LEFT: 5.4pt; WIDTH: 95.45pt; PADDING-RIGHT: 5.4pt; BORDER-TOP: #f0f0f0; BORDER-RIGHT: windowtext 1pt solid; PADDING-TOP: 0in; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" width=127> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 0pt" class=MsoNormal><SPAN style="FONT-FAMILY: 'Arial','sans-serif'; FONT-SIZE: 10pt; mso-fareast-font-family: 'Times New Roman'">Briefing Paper 12</SPAN><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'"><o:p></o:p></SPAN></P></TD> <TD style="BORDER-BOTTOM: windowtext 1pt solid; BORDER-LEFT: #f0f0f0; PADDING-BOTTOM: 0in; BACKGROUND-COLOR: transparent; PADDING-LEFT: 5.4pt; WIDTH: 174.8pt; PADDING-RIGHT: 5.4pt; BORDER-TOP: #f0f0f0; BORDER-RIGHT: windowtext 1pt solid; PADDING-TOP: 0in; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=top width=233> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 0pt" class=MsoNormal><SPAN style="FONT-FAMILY: 'Arial','sans-serif'; FONT-SIZE: 10pt; mso-fareast-font-family: 'Times New Roman'">Making regulations consistent with administrative application of requirements in Article 18 of Zoning Regulations to Certificates of Survey prepared for developments in 20-804, 20-805 and 20-806</SPAN><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'"><o:p></o:p></SPAN></P></TD> <TD style="BORDER-BOTTOM: windowtext 1pt solid; BORDER-LEFT: #f0f0f0; PADDING-BOTTOM: 0in; BACKGROUND-COLOR: transparent; PADDING-LEFT: 5.4pt; WIDTH: 104.9pt; PADDING-RIGHT: 5.4pt; BORDER-TOP: #f0f0f0; BORDER-RIGHT: windowtext 1pt solid; PADDING-TOP: 0in; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=top width=140> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 0pt" class=MsoNormal><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 10.5pt; mso-fareast-font-family: 'Times New Roman'">Mary</SPAN></B><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'"><o:p></o:p></SPAN></P> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 0pt" class=MsoNormal><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; COLOR: purple; FONT-SIZE: 9pt; mso-fareast-font-family: 'Times New Roman'">BOCC initiated text amendment for July PC meeting</SPAN></B><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'"><o:p></o:p></SPAN></P></TD></TR> <TR style="HEIGHT: 293.3pt; mso-yfti-irow: 11"> <TD style="BORDER-BOTTOM: windowtext 1pt solid; BORDER-LEFT: windowtext 1pt solid; PADDING-BOTTOM: 0in; PADDING-LEFT: 5.4pt; WIDTH: 83.85pt; PADDING-RIGHT: 5.4pt; BACKGROUND: #f2f3d5; HEIGHT: 293.3pt; BORDER-TOP: #f0f0f0; BORDER-RIGHT: windowtext 1pt solid; PADDING-TOP: 0in; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" width=112> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 0pt" class=MsoNormal><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 10.5pt; mso-fareast-font-family: 'Times New Roman'">WAIVERS AND APPEALS:</SPAN></B><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'"><o:p></o:p></SPAN></P> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 0pt" class=MsoNormal><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 10.5pt; mso-fareast-font-family: 'Times New Roman'">Subdivision Regulations</SPAN><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'"><o:p></o:p></SPAN></P></TD> <TD style="BORDER-BOTTOM: windowtext 1pt solid; BORDER-LEFT: #f0f0f0; PADDING-BOTTOM: 0in; PADDING-LEFT: 5.4pt; WIDTH: 95.45pt; PADDING-RIGHT: 5.4pt; BACKGROUND: #f2f3d5; HEIGHT: 293.3pt; BORDER-TOP: #f0f0f0; BORDER-RIGHT: windowtext 1pt solid; PADDING-TOP: 0in; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=top width=127> <P style="TEXT-ALIGN: center; LINE-HEIGHT: normal; MARGIN: 0in 0in 0pt" class=MsoNormal align=center><SPAN style="FONT-FAMILY: 'Arial','sans-serif'; FONT-SIZE: 10pt; mso-fareast-font-family: 'Times New Roman'">Briefing Paper 8</SPAN><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'"><o:p></o:p></SPAN></P> <P style="TEXT-ALIGN: center; LINE-HEIGHT: normal; MARGIN: 0in 0in 0pt" class=MsoNormal align=center><SPAN style="FONT-FAMILY: 'Arial','sans-serif'; FONT-SIZE: 10pt; mso-fareast-font-family: 'Times New Roman'">&amp;</SPAN><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'"><o:p></o:p></SPAN></P> <P style="TEXT-ALIGN: center; LINE-HEIGHT: normal; MARGIN: 0in 0in 0pt" class=MsoNormal align=center><SPAN style="FONT-FAMILY: 'Arial','sans-serif'; FONT-SIZE: 10pt; mso-fareast-font-family: 'Times New Roman'">Briefing Paper 9</SPAN><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'"><o:p></o:p></SPAN></P> <P style="TEXT-ALIGN: center; LINE-HEIGHT: normal; MARGIN: 0in 0in 0pt" class=MsoNormal align=center><SPAN style="FONT-FAMILY: 'Arial','sans-serif'; FONT-SIZE: 10pt; mso-fareast-font-family: 'Times New Roman'">&amp;</SPAN><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'"><o:p></o:p></SPAN></P> <P style="TEXT-ALIGN: center; LINE-HEIGHT: normal; MARGIN: 0in 0in 0pt" class=MsoNormal align=center><SPAN style="FONT-FAMILY: 'Arial','sans-serif'; FONT-SIZE: 10pt; mso-fareast-font-family: 'Times New Roman'">Briefing Paper 10</SPAN><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'"><o:p></o:p></SPAN></P></TD> <TD style="BORDER-BOTTOM: windowtext 1pt solid; BORDER-LEFT: #f0f0f0; PADDING-BOTTOM: 0in; PADDING-LEFT: 5.4pt; WIDTH: 174.8pt; PADDING-RIGHT: 5.4pt; BACKGROUND: #f2f3d5; HEIGHT: 293.3pt; BORDER-TOP: #f0f0f0; BORDER-RIGHT: windowtext 1pt solid; PADDING-TOP: 0in; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=top width=233> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 0pt" class=MsoNormal><SPAN style="FONT-FAMILY: 'Arial','sans-serif'; FONT-SIZE: 10pt; mso-fareast-font-family: 'Times New Roman'">20-810 &amp; 20-813 Explore need/standards for an administrative waiver procedure from design standards</SPAN><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'"><o:p></o:p></SPAN></P> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 0pt" class=MsoNormal><SPAN style="FONT-FAMILY: 'Arial','sans-serif'; FONT-SIZE: 10pt; mso-fareast-font-family: 'Times New Roman'">_____________</SPAN><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'"><o:p></o:p></SPAN></P> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 0pt" class=MsoNormal><SPAN style="FONT-FAMILY: 'Arial','sans-serif'; FONT-SIZE: 10pt; mso-fareast-font-family: 'Times New Roman'">20-807 Further direction on appeals from Certificate of Survey process and criteria for when an appeal g&#160;s before BOCC and when appeal g&#160;s to Planning Commission. In conjunction with this, explore need/criteria for an administrative waiver procedure in lieu of appeal from Certificate of Survey denial.</SPAN><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'"><o:p></o:p></SPAN></P> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 0pt" class=MsoNormal><SPAN style="FONT-FAMILY: 'Arial','sans-serif'; FONT-SIZE: 10pt; mso-fareast-font-family: 'Times New Roman'">_____________</SPAN><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'"><o:p></o:p></SPAN></P> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 0pt" class=MsoNormal><SPAN style="FONT-FAMILY: 'Arial','sans-serif'; FONT-SIZE: 10pt; mso-fareast-font-family: 'Times New Roman'">20-813(f) Should there be an administrative waiver from the Minor Subdivision or Final Plat requirements procedure and under what criteria can a waiver be requested1/2</SPAN><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'"><o:p></o:p></SPAN></P></TD> <TD style="BORDER-BOTTOM: windowtext 1pt solid; BORDER-LEFT: #f0f0f0; PADDING-BOTTOM: 0in; PADDING-LEFT: 5.4pt; WIDTH: 104.9pt; PADDING-RIGHT: 5.4pt; BACKGROUND: #f2f3d5; HEIGHT: 293.3pt; BORDER-TOP: #f0f0f0; BORDER-RIGHT: windowtext 1pt solid; PADDING-TOP: 0in; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=top width=140> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 0pt" class=MsoNormal><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 10.5pt; mso-fareast-font-family: 'Times New Roman'">J&#160;</SPAN></B><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'"><o:p></o:p></SPAN></P> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 0pt" class=MsoNormal><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; COLOR: purple; FONT-SIZE: 9pt; mso-fareast-font-family: 'Times New Roman'">BOCC directed staff to revise with more administrative authority given to the Planning Director and less review required by Planning Commission. Administrative waiver procedure needs to be added to the process. Return to BOCC with revisions for initiation of text amendments</SPAN></B><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'"><o:p></o:p></SPAN></P></TD></TR> <TR style="mso-yfti-irow: 12; mso-yfti-lastrow: yes"> <TD style="BORDER-BOTTOM: windowtext 1pt solid; BORDER-LEFT: windowtext 1pt solid; PADDING-BOTTOM: 0in; PADDING-LEFT: 5.4pt; WIDTH: 83.85pt; PADDING-RIGHT: 5.4pt; BACKGROUND: #f2f3d5; BORDER-TOP: #f0f0f0; BORDER-RIGHT: windowtext 1pt solid; PADDING-TOP: 0in; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" width=112> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 0pt" class=MsoNormal><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 10.5pt; mso-fareast-font-family: 'Times New Roman'">WAIVERS AND APPEALS:</SPAN></B><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'"><o:p></o:p></SPAN></P> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 0pt" class=MsoNormal><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 10.5pt; mso-fareast-font-family: 'Times New Roman'">Zoning Regulations </SPAN><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'"><o:p></o:p></SPAN></P> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 0pt" class=MsoNormal><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 10.5pt; mso-fareast-font-family: 'Times New Roman'">[Article 18]</SPAN><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'"><o:p></o:p></SPAN></P></TD> <TD style="BORDER-BOTTOM: windowtext 1pt solid; BORDER-LEFT: #f0f0f0; PADDING-BOTTOM: 0in; PADDING-LEFT: 5.4pt; WIDTH: 95.45pt; PADDING-RIGHT: 5.4pt; BACKGROUND: #f2f3d5; BORDER-TOP: #f0f0f0; BORDER-RIGHT: windowtext 1pt solid; PADDING-TOP: 0in; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" width=127> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 0pt" class=MsoNormal><SPAN style="FONT-FAMILY: 'Arial','sans-serif'; FONT-SIZE: 10pt; mso-fareast-font-family: 'Times New Roman'">*<I style="mso-bidi-font-style: normal">[This issue was address as part of the 03/05/08 work session.]</I></SPAN><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'"><o:p></o:p></SPAN></P></TD> <TD style="BORDER-BOTTOM: windowtext 1pt solid; BORDER-LEFT: #f0f0f0; PADDING-BOTTOM: 0in; PADDING-LEFT: 5.4pt; WIDTH: 174.8pt; PADDING-RIGHT: 5.4pt; BACKGROUND: #f2f3d5; BORDER-TOP: #f0f0f0; BORDER-RIGHT: windowtext 1pt solid; PADDING-TOP: 0in; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=top width=233> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 0pt" class=MsoNormal><SPAN style="FONT-FAMILY: 'Arial','sans-serif'; FONT-SIZE: 10pt; mso-fareast-font-family: 'Times New Roman'">Explore creation of an administrative waiver procedure to correspond with when variance from access standards is approved by Public Works Director to avoid conflicting signals and regulations</SPAN><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'"><o:p></o:p></SPAN></P></TD> <TD style="BORDER-BOTTOM: windowtext 1pt solid; BORDER-LEFT: #f0f0f0; PADDING-BOTTOM: 0in; PADDING-LEFT: 5.4pt; WIDTH: 104.9pt; PADDING-RIGHT: 5.4pt; BACKGROUND: #f2f3d5; BORDER-TOP: #f0f0f0; BORDER-RIGHT: windowtext 1pt solid; PADDING-TOP: 0in; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=top width=140> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 0pt" class=MsoNormal><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 10.5pt; mso-fareast-font-family: 'Times New Roman'">Linda</SPAN></B><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'"><o:p></o:p></SPAN></P> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 0pt" class=MsoNormal><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 10pt; mso-fareast-font-family: 'Times New Roman'">Completed as part of 3/5/08 work session.</SPAN><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'"><o:p></o:p></SPAN></P></TD></TR></TBODY></TABLE></P> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 10pt; BACKGROUND: white; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto" class=MsoNormal><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'">Several motions were made and approved unanimously regarding regulations and the initiation of text amendments on the above listed items. The policy decisions are identified in the last column. <o:p></o:p></SPAN></P> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 10pt; BACKGROUND: white; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto" class=MsoNormal><B><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'">ACCOUNTS PAYABLE 06-23-08</SPAN></B><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'"> <BR>Jones moved approval of accounts payable in the amounts of $246,003.79 paid on 06/03/08; $1,614,202.40 paid on 06/09/08; and $448,391.12 paid on 06/16/08; and a wire transfer in the amount of $200,000.00 paid on 06/20/08. Motion was seconded by McElhaney and carried unanimously.<o:p></o:p></SPAN></P> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 10pt; BACKGROUND: white; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto" class=MsoNormal><B><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'">APPOINTMENT 06-23-08</SPAN></B><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'"><BR>Jones moved to reappoint Nancy Espinosa to the Community Corrections Advisory Board for a second two-year term to expire July 2010. Motion was seconded by McElhaney and carried unanimously. <o:p></o:p></SPAN></P> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 10pt; BACKGROUND: white; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto" class=MsoNormal><B><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'">APPOINTMENT 06-23-08</SPAN></B><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'"><BR>Johnson moved to appoint Kenzie Singleton to the Lawrence-Douglas County Metropolitan Planning Commission filling the unexpired term of Grant Eichorn to expire May 31, 2009. Motion was seconded by McElhaney and carried unanimously. <o:p></o:p></SPAN></P> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 10pt; BACKGROUND: white; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto" class=MsoNormal><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'">Jones moved to adjourn the meeting; Johnson seconded and the motion carried. <o:p></o:p></SPAN></P> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 10pt; BACKGROUND: white; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto" class=MsoNormal><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'"><BR>___________________________ ____________________________<BR>Bob Johnson, Chairman Jere McElhaney, Vice Chair<o:p></o:p></SPAN></P> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 10pt; BACKGROUND: white; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto" class=MsoNormal><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'">ATTEST:<o:p></o:p></SPAN></P> <P style="LINE-HEIGHT: normal; MARGIN: 0in 0in 10pt; BACKGROUND: white; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto" class=MsoNormal><SPAN style="FONT-FAMILY: 'Times New Roman','serif'; FONT-SIZE: 12pt; mso-fareast-font-family: 'Times New Roman'">_____________________________ ____________________________<BR>Jamie Shew, County Clerk Charles Jones, Member</SPAN></P>

<P>Johnson called the meeting to order at 6:39 p.m. on Wednesday, July 2, 2008 with all members present.&nbsp; </P> <P>Jones moved approval of the minutes for May 12, 2008. Motion was seconded by JM and carried unanimously.</P> <P>CONSENT AGENDA 07-02-08<BR>McElhaney moved approval of the following Consent Agenda:<BR>&nbsp; <BR>&#9658;&nbsp; Commission order No. 08- 052(on file with the office of the Clerk);&nbsp; <BR>&#9658;&nbsp; Resolution 08-25, of the Board of County Commissioners of Douglas County, Kansas, ratifying and affirming the administrative policy to assist in the determination of an agricultural use for granting an agricultural building exemption; and<BR>&nbsp;&nbsp;&#9658;&nbsp; Acknowledgement of Fee Reports for May 2008.<BR>&nbsp;<BR>The motion was seconded by Jones and carried unanimously. <BR>&nbsp;&nbsp;&nbsp;<BR>PLANNING 07-02-08<BR>The Board considered the approval of SP-04-29-08, a site plan for Blessed Hope Baptist Church for the construction of a parking lot, landscaping and other site improvements associated with the change of use of property located at 1115 N 1700 Road. The application was submitted by BG Consultants for Blessed Hope Baptist Church, contract purchaser, and Stephens Real Estate, property owner of record. J&#160; Rexwinkle, Lawrence and Douglas County Planning Department, was present for the discussion. Rexwinkle stated the site plan meets all requirements of the Zoning Code. </P> <P>Jones stated concerns regarding lighting in the parking area shining on the neighbors. It was the consensus of the Board to add a guard around the lighting.&nbsp; </P> <P>Johnson opened the item for public comment. No comments were received.</P> <P>Jones moved to approve SP-04-29-08, a site plan for Blessed Hope Church for the change of use of an existing residence to a religious assembly use with the addition of a deck, parking lot, septic system with lateral field design and landscaping locating at 1115 N 1700 road; to add a guard around the corner light and to include the following conditions:</P> <P>1.&nbsp;Determination of a maximum building occupancy based upon the capacity of the onsite wastewater system proposed and submittal of a revised site plan noting such as required by the Board of County Commissioners approval of the associated variance.<BR>2.&nbsp;Execution of Agreement Not to Protest Annexation and Consent and Petition to Annex as provided by the City of Lawrence as required by the Board of County Commissioners approval of the associated variance.<BR>3.&nbsp;Execution of Agreement Not to Protest Formation of a Benefit District upon annexation to finance public improvements as required by the Board of County Commissioners approval of the associated variance.<BR>4.&nbsp;Submittal of a recording fee for the agreements to be recorded at the Douglas County Register of Deeds.</P> <P>Motion was seconded by McElhaney and carried unanimously. <BR>&nbsp;<BR>DISTRICT COURT 07-02-08<BR>The Board discussed materials submitted by Judge Robert Fairchild regarding the possibility of initiating Court Assessment by the National Center for State Courts. <BR>It was the consensus of the Board to review the materials over the next 10 days and discuss during budget hearings, and then make a decision regarding the pro tem position. </P> <P>BUDGET 07-02-08<BR>The Board conducted 2009 budget hearings. No action was taken.<BR>&nbsp;<BR>ACCOUNTS PAYABLE 07-02-08<BR>Jones moved approval of accounts payable in the amounts of $473,565.28 paid on 06/30/08 and $124,540.85 paid on 07/07/08; and a wire transfer in the amount of $303,201.30 paid on 07/02/08. Motion was seconded by Johnson and carried 2-0. McElhaney was not present for the vote. </P> <P>FIRE &amp; MEDICAL 07-02-08<BR>The Board considered an increase in ambulance fees as tabled from the June 23, 2008 meeting. Pam Madl, Assistant County Administrator, was present for the discussion. Current ambulance rates fall below the allowable fees paid by Medicare and Medicaid. Based on 2007 calls and mileage, an increase of $281,065 would be needed to meet expenses and an estimated increase of $140,532 would be needed for the remainder of 2008. The following ambulance 2008-2009 revenue projections are as follows:</P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><B style="mso-bidi-font-weight: normal"><FONT size=2>AMBULANCE 2008-2009 REVENUE PROJECTIONS&#160;<o:p></o:p></FONT></B></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><o:p><FONT size=2>&nbsp;</FONT></o:p></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><o:p><FONT size=2>&nbsp;</FONT></o:p></P> <P> <TABLE class=MsoNormalTable style="MARGIN: auto auto auto 0.2in; BORDER-COLLAPSE: collapse; mso-table-layout-alt: fixed; mso-padding-alt: 0in 5.4pt 0in 5.4pt" cellSpacing=0 cellPadding=0 border=0> <TBODY> <TR style="HEIGHT: 54.4pt; mso-yfti-irow: 0"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: windowtext 1pt solid; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 0.8in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 54.4pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt" vAlign=bottom width=77> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><A name=RANGE!A1:H35><B><SPAN style="mso-bidi-font-family: Tahoma"><FONT size=2>&nbsp;</FONT></SPAN></B></A><B><SPAN style="mso-bidi-font-family: Tahoma"><o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: windowtext 1pt solid; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 54.4pt; BACKGROUND-COLOR: transparent; mso-border-top-alt: solid windowtext .5pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">Max. allowable<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: windowtext 1pt solid; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 54.4pt; BACKGROUND-COLOR: transparent; mso-border-top-alt: solid windowtext .5pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">Number in<o:p></o:p></SPAN></B></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma"><SPAN style="mso-spacerun: yes">&nbsp;</SPAN>2007<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: windowtext 1pt solid; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 54.4pt; BACKGROUND-COLOR: transparent; mso-border-top-alt: solid windowtext .5pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">LDCFM current charge<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: windowtext 1pt solid; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 54.4pt; BACKGROUND-COLOR: transparent; mso-border-top-alt: solid windowtext .5pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">Amount earned under current charges<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: windowtext 1pt solid; PADDING-LEFT: 5.4pt; BACKGROUND: #ffff99; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 0.75in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 54.4pt; mso-border-top-alt: solid windowtext .5pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom width=72> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><B><SPAN style="FONT-SIZE: 8pt; LETTER-SPACING: -0.2pt; mso-bidi-font-family: Tahoma">PROPOSED</SPAN></B><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma"> </SPAN></B><1/2xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" /><st1:stockticker><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">NEW</SPAN></B></st1:stockticker><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma"> RATES*<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: windowtext 1pt solid; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 54.4pt; BACKGROUND-COLOR: transparent; mso-border-top-alt: solid windowtext .5pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">Amount earned under proposed charges<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: windowtext 1pt solid; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 54.4pt; BACKGROUND-COLOR: transparent; mso-border-top-alt: solid windowtext .5pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">Difference<o:p></o:p></SPAN></B></P></TD></TR> <TR style="HEIGHT: 25.5pt; mso-yfti-irow: 1"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 0.8in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=bottom width=77> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">Medicare Mileage<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$6.42<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">20,269<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$5.50<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$111,479.50<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; BACKGROUND: #ffff99; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 0.75in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; mso-border-top-alt: solid windowtext .5pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=72> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$6.42<SUP>1<o:p></o:p></SUP></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$130,126.98<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$18,647.48<o:p></o:p></SPAN></P></TD></TR> <TR style="HEIGHT: 25.5pt; mso-yfti-irow: 2"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 0.8in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=bottom width=77> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">Medicaid Mileage<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$2.50<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">2,219<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$5.50<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$5,547.50<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; BACKGROUND: #ffff99; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 0.75in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; mso-border-top-alt: solid windowtext .5pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=72> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$2.50<SUP>1</SUP><o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$5,547.50<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$0.00<o:p></o:p></SPAN></P></TD></TR> <TR style="HEIGHT: 25.5pt; mso-yfti-irow: 3"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 0.8in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=bottom width=77> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">Other Mileage<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">N/A<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">11,090<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$5.50<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$60,995.00<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; BACKGROUND: #ffff99; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 0.75in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; mso-border-top-alt: solid windowtext .5pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=72> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$7.38<SUP>2</SUP><o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$81,844.20<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$20,849.20<o:p></o:p></SPAN></P></TD></TR> <TR style="HEIGHT: 25.5pt; mso-yfti-irow: 4"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 0.8in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=bottom width=77> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">Private Pay Mileage<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">N/A<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">4,726<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$5.50<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$25,993.00<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; BACKGROUND: #ffff99; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 0.75in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; mso-border-top-alt: solid windowtext .5pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=72> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$7.38<SUP>2</SUP><o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$34,877.88<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$8,884.88<o:p></o:p></SPAN></P></TD></TR> <TR style="HEIGHT: 25.5pt; mso-yfti-irow: 5"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; BACKGROUND: #ccffff; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 0.8in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=bottom width=77> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">Mileage Total<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; BACKGROUND: #ccffff; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma"><o:p>&nbsp;</o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; BACKGROUND: #ccffff; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">38,304<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; BACKGROUND: #ccffff; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">&nbsp;<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; BACKGROUND: #ccffff; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$204,015.00<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; BACKGROUND: #ccffff; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 0.75in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=72> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">&nbsp;<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; BACKGROUND: #ccffff; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$252,396.56<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; BACKGROUND: #ccffff; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$48,381.56<o:p></o:p></SPAN></B></P></TD></TR> <TR style="HEIGHT: 25.5pt; mso-yfti-irow: 6"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; BACKGROUND: #ffcc99; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 6.05in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" width=581 colSpan=8> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><st1:stockticker><B style="mso-bidi-font-weight: normal"><I style="mso-bidi-font-style: normal"><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">BLS</SPAN></I></B></st1:stockticker><B style="mso-bidi-font-weight: normal"><I style="mso-bidi-font-style: normal"><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">:<SPAN style="mso-spacerun: yes">&nbsp; </SPAN>Basic Life Support -- No IV or Medications provided, just Oxygen and monitors<o:p></o:p></SPAN></I></B></P></TD></TR> <TR style="HEIGHT: 25.5pt; mso-yfti-irow: 7"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 0.8in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=bottom width=77> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">Medicare </SPAN><st1:stockticker><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">BLS</SPAN></st1:stockticker><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">:<SPAN style="mso-spacerun: yes">&nbsp; </SPAN>Emergency<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$292.86<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">549<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$292.86<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$160,780.14<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; BACKGROUND: #ffff99; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 0.75in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; mso-border-top-alt: solid windowtext .5pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=72> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$292.86<SUP>1</SUP><o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$160,780.14<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$0.00<o:p></o:p></SPAN></P></TD></TR> <TR style="HEIGHT: 25.5pt; mso-yfti-irow: 8"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 0.8in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=bottom width=77> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">Medicaid </SPAN><st1:stockticker><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">BLS</SPAN></st1:stockticker><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">:<SPAN style="mso-spacerun: yes">&nbsp; </SPAN>Emergency<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$150.00<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">144<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$150.00<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$21,600.00<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; BACKGROUND: #ffff99; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 0.75in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; mso-border-top-alt: solid windowtext .5pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=72> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$150.00<SUP>1</SUP><o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$21,600.00<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$0.00<o:p></o:p></SPAN></P></TD></TR> <TR style="HEIGHT: 25.5pt; mso-yfti-irow: 9"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 0.8in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=bottom width=77> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">Other </SPAN><st1:stockticker><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">BLS</SPAN></st1:stockticker><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">:<SPAN style="mso-spacerun: yes">&nbsp; </SPAN>Emergency<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">N/A<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">378<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$375.00<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$141,750.00<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; BACKGROUND: #ffff99; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 0.75in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; mso-border-top-alt: solid windowtext .5pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=72> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$476.00<SUP>2</SUP><o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$179,928.00<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$38,178.00<o:p></o:p></SPAN></P></TD></TR> <TR style="HEIGHT: 25.5pt; mso-yfti-irow: 10"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 0.8in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=bottom width=77> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">Private Pay </SPAN><st1:stockticker><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">BLS</SPAN></st1:stockticker><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">:<SPAN style="mso-spacerun: yes">&nbsp; </SPAN>Emergency<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">N/A<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">308<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$375.00<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$115,500.00<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; BACKGROUND: #ffff99; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 0.75in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; mso-border-top-alt: solid windowtext .5pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=72> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$476.00<SUP>2</SUP><o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$146,608.00<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$31,108.00<o:p></o:p></SPAN></P></TD></TR> <TR style="HEIGHT: 25.5pt; mso-yfti-irow: 11"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; BACKGROUND: #ccffff; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 0.8in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=bottom width=77> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><st1:stockticker><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">BLS</SPAN></B></st1:stockticker><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">:<SPAN style="mso-spacerun: yes">&nbsp; </SPAN>Emergency Total<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; BACKGROUND: #ccffff; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma"><o:p>&nbsp;</o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; BACKGROUND: #ccffff; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">1,379<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; BACKGROUND: #ccffff; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">&nbsp;<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; BACKGROUND: #ccffff; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$439,630.14<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; BACKGROUND: #ccffff; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 0.75in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=72> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">&nbsp;<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; BACKGROUND: #ccffff; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$508,916.14<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; BACKGROUND: #ccffff; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$69,286.00<o:p></o:p></SPAN></B></P></TD></TR> <TR style="HEIGHT: 25.5pt; mso-yfti-irow: 12"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 0.8in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=bottom width=77> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">Medicare </SPAN><st1:stockticker><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">BLS</SPAN></st1:stockticker><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">:<SPAN style="mso-spacerun: yes">&nbsp; </SPAN>Non-Emergency<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$183.04<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">295<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$183.04<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$53,996.80<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; BACKGROUND: #ffff99; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 0.75in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; mso-border-top-alt: solid windowtext .5pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=72> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$183.04<SUP>1</SUP><o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$53,996.80<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$0.00<o:p></o:p></SPAN></P></TD></TR> <TR style="HEIGHT: 25.5pt; mso-yfti-irow: 13"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 0.8in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=bottom width=77> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">Medicaid </SPAN><st1:stockticker><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">BLS</SPAN></st1:stockticker><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">:<SPAN style="mso-spacerun: yes">&nbsp; </SPAN>Non-Emergency<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$40.00<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">12<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$40.00<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$480.00<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; BACKGROUND: #ffff99; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 0.75in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; mso-border-top-alt: solid windowtext .5pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=72> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$40.00<SUP>1</SUP><o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$480.00<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$0.00<o:p></o:p></SPAN></P></TD></TR> <TR style="HEIGHT: 25.5pt; mso-yfti-irow: 14"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 0.8in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=bottom width=77> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">Other </SPAN><st1:stockticker><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">BLS</SPAN></st1:stockticker><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">:<SPAN style="mso-spacerun: yes">&nbsp; </SPAN>Non-Emergency<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">N/A<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">52<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$250.00<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$13,000.00<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; BACKGROUND: #ffff99; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 0.75in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; mso-border-top-alt: solid windowtext .5pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=72> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$476.00<SUP>2</SUP><o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$24,752.00<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$11,752.00<o:p></o:p></SPAN></P></TD></TR> <TR style="HEIGHT: 25.5pt; mso-yfti-irow: 15"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 0.8in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=bottom width=77> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">Private Pay </SPAN><st1:stockticker><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">BLS</SPAN></st1:stockticker><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">:<SPAN style="mso-spacerun: yes">&nbsp; </SPAN>Non-Emergency<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">N/A<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">12<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$250.00<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$3,000.00<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; BACKGROUND: #ffff99; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 0.75in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; mso-border-top-alt: solid windowtext .5pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=72> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$476.00<SUP>2</SUP><o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$5,712.00<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$2,712.00<o:p></o:p></SPAN></P></TD></TR> <TR style="HEIGHT: 45.85pt; mso-yfti-irow: 16"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; BACKGROUND: #ccffff; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 0.8in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 45.85pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=bottom width=77> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><st1:stockticker><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">BLS</SPAN></B></st1:stockticker><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">:<SPAN style="mso-spacerun: yes">&nbsp; </SPAN>Non-Emergency<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; BACKGROUND: #ccffff; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 45.85pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma"><o:p>&nbsp;</o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; BACKGROUND: #ccffff; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 45.85pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">371<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; BACKGROUND: #ccffff; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 45.85pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">&nbsp;<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; BACKGROUND: #ccffff; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 45.85pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$70,476.80<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; BACKGROUND: #ccffff; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 0.75in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 45.85pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=72> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">&nbsp;<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; BACKGROUND: #ccffff; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 45.85pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$84,940.80<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; BACKGROUND: #ccffff; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 45.85pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$14,464.00<o:p></o:p></SPAN></B></P></TD></TR> <TR style="HEIGHT: 25.5pt; mso-yfti-irow: 17"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 0.8in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=bottom width=77> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">Medicare </SPAN><st1:stockticker><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">ALS</SPAN></st1:stockticker><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">-1:<SPAN style="mso-spacerun: yes">&nbsp; </SPAN>Emergency<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$347.77<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">1,329<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$347.77<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$462,186.33<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; BACKGROUND: #ffff99; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 0.75in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; mso-border-top-alt: solid windowtext .5pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=72> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$347.77<SUP>1</SUP><o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$462,186.33<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$0.00<o:p></o:p></SPAN></P></TD></TR> <TR style="HEIGHT: 25.5pt; mso-yfti-irow: 18"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 0.8in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=bottom width=77> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">Medicaid </SPAN><st1:stockticker><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">ALS</SPAN></st1:stockticker><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">-1:<SPAN style="mso-spacerun: yes">&nbsp; </SPAN>Emergency<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$180.00<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">171<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$180.00<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$30,780.00<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; BACKGROUND: #ffff99; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 0.75in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; mso-border-top-alt: solid windowtext .5pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=72> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$180.00<SUP>1</SUP><o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$30,780.00<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$0.00<o:p></o:p></SPAN></P></TD></TR> <TR style="HEIGHT: 25.5pt; mso-yfti-irow: 19"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 0.8in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .75pt" vAlign=bottom width=77> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">&nbsp;<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-top-alt: .5pt; mso-border-bottom-alt: .5pt; mso-border-right-alt: .75pt; mso-border-left-alt: .75pt; mso-border-color-alt: windowtext; mso-border-style-alt: solid" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">Max. allowable<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-top-alt: .5pt; mso-border-bottom-alt: .5pt; mso-border-right-alt: .75pt; mso-border-left-alt: .75pt; mso-border-color-alt: windowtext; mso-border-style-alt: solid" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">Number in 2007<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-top-alt: .5pt; mso-border-bottom-alt: .5pt; mso-border-right-alt: .75pt; mso-border-left-alt: .75pt; mso-border-color-alt: windowtext; mso-border-style-alt: solid" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">LDCFM current charge<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-top-alt: .5pt; mso-border-bottom-alt: .5pt; mso-border-right-alt: .75pt; mso-border-left-alt: .75pt; mso-border-color-alt: windowtext; mso-border-style-alt: solid" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">Amount earned under current charges<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; BACKGROUND: #ffff99; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 0.75in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; mso-border-top-alt: .5pt; mso-border-bottom-alt: .5pt; mso-border-right-alt: .75pt; mso-border-left-alt: .75pt; mso-border-color-alt: windowtext; mso-border-style-alt: solid" vAlign=bottom noWrap width=72> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">LDCFM proposed charge*<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-top-alt: .5pt; mso-border-bottom-alt: .5pt; mso-border-right-alt: .75pt; mso-border-left-alt: .75pt; mso-border-color-alt: windowtext; mso-border-style-alt: solid" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">Amount earned under proposed charges<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .75pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">Difference<o:p></o:p></SPAN></B></P></TD></TR> <TR style="HEIGHT: 25.5pt; mso-yfti-irow: 20"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 0.8in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=bottom width=77> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">Other </SPAN><st1:stockticker><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">ALS</SPAN></st1:stockticker><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">-1:<SPAN style="mso-spacerun: yes">&nbsp; </SPAN>Emergency<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-top-alt: solid windowtext .5pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">&nbsp;&nbsp;N/A<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-top-alt: solid windowtext .5pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">797<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-top-alt: solid windowtext .5pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$450.00<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-top-alt: solid windowtext .5pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$358,650.00<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; BACKGROUND: #ffff99; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 0.75in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; mso-border-top-alt: solid windowtext .5pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=72> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$559.00<SUP>2</SUP><o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-top-alt: solid windowtext .5pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$445,523.00<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-top-alt: solid windowtext .5pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$86,873.00<o:p></o:p></SPAN></P></TD></TR> <TR style="HEIGHT: 25.5pt; mso-yfti-irow: 21"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 0.8in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=bottom width=77> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">Private Pay </SPAN><st1:stockticker><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">ALS</SPAN></st1:stockticker><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">-1:<SPAN style="mso-spacerun: yes">&nbsp; </SPAN>Emergency<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">&nbsp;&nbsp;N/A<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">516<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$450.00<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$232,200.00<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; BACKGROUND: #ffff99; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 0.75in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; mso-border-top-alt: solid windowtext .5pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=72> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$559.00<SUP>2</SUP><o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$288,444.00<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$56,244.00<o:p></o:p></SPAN></P></TD></TR> <TR style="HEIGHT: 25.5pt; mso-yfti-irow: 22"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; BACKGROUND: #ffcc99; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 6.05in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" width=581 colSpan=8> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><st1:stockticker><B><I style="mso-bidi-font-style: normal"><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">ALS</SPAN></I></B></st1:stockticker><B><I style="mso-bidi-font-style: normal"><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">:<SPAN style="mso-spacerun: yes">&nbsp; </SPAN>Advanced Life Support – IV’s, Medications in addition to monitors and oxygen<o:p></o:p></SPAN></I></B></P></TD></TR> <TR style="HEIGHT: 25.5pt; mso-yfti-irow: 23"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; BACKGROUND: #ccffff; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 0.8in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=bottom width=77> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><st1:stockticker><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">ALS</SPAN></B></st1:stockticker><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">-1:<SPAN style="mso-spacerun: yes">&nbsp; </SPAN>Emergency<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; BACKGROUND: #ccffff; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">&nbsp;<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; BACKGROUND: #ccffff; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">2,813<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; BACKGROUND: #ccffff; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">&nbsp;<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; BACKGROUND: #ccffff; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$1,083,816.33<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; BACKGROUND: #ccffff; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 0.75in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=72> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">&nbsp;<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; BACKGROUND: #ccffff; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$1,226,933.33<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; BACKGROUND: #ccffff; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$143,117.00<o:p></o:p></SPAN></B></P></TD></TR> <TR style="HEIGHT: 25.5pt; mso-yfti-irow: 24"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 0.8in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=bottom width=77> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">Medicare </SPAN><st1:stockticker><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">ALS</SPAN></st1:stockticker><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">-1:<SPAN style="mso-spacerun: yes">&nbsp; </SPAN>Non-Emergency<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$219.64<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">26<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$219.64<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$5,710.64<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; BACKGROUND: #ffff99; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 0.75in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; mso-border-top-alt: solid windowtext .5pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=72> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$219.64<SUP>1</SUP><o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$5,710.64<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$0.00<o:p></o:p></SPAN></P></TD></TR> <TR style="HEIGHT: 25.5pt; mso-yfti-irow: 25"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 0.8in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=bottom width=77> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">Medicaid </SPAN><st1:stockticker><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">ALS</SPAN></st1:stockticker><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">-1:<SPAN style="mso-spacerun: yes">&nbsp; </SPAN>Non-Emergency<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$40.00<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">1<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$40.00<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$40.00<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; BACKGROUND: #ffff99; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 0.75in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; mso-border-top-alt: solid windowtext .5pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=72> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$40.00<SUP>1</SUP><o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$40.00<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$0.00<o:p></o:p></SPAN></P></TD></TR> <TR style="HEIGHT: 25.5pt; mso-yfti-irow: 26"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 0.8in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=bottom width=77> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">Other </SPAN><st1:stockticker><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">ALS</SPAN></st1:stockticker><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">-1:<SPAN style="mso-spacerun: yes">&nbsp; </SPAN>Non-Emergency<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">&nbsp;&nbsp;N/A<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">7<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$275.00<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$1,925.00<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; BACKGROUND: #ffff99; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 0.75in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; mso-border-top-alt: solid windowtext .5pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=72> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$559.00<SUP>2</SUP><o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$3,913.00<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$1,988.00<o:p></o:p></SPAN></P></TD></TR> <TR style="HEIGHT: 25.5pt; mso-yfti-irow: 27"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 0.8in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=bottom width=77> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">Private Pay </SPAN><st1:stockticker><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">ALS</SPAN></st1:stockticker><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">-1:<SPAN style="mso-spacerun: yes">&nbsp; </SPAN>Non-Emergency<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">&nbsp;&nbsp;N/A<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">4<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$275.00<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$1,100.00<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; BACKGROUND: #ffff99; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 0.75in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; mso-border-top-alt: solid windowtext .5pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=72> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$559.00<SUP>2</SUP><o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$2,236.00<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$1,136.00<o:p></o:p></SPAN></P></TD></TR> <TR style="HEIGHT: 25.5pt; mso-yfti-irow: 28"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; BACKGROUND: #ccffff; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 0.8in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=bottom width=77> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><st1:stockticker><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">ALS</SPAN></B></st1:stockticker><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">-1:<SPAN style="mso-spacerun: yes">&nbsp; </SPAN>Non-Emergency<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; BACKGROUND: #ccffff; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">&nbsp;<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; BACKGROUND: #ccffff; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">38<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; BACKGROUND: #ccffff; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">&nbsp;<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; BACKGROUND: #ccffff; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$8,775.64<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; BACKGROUND: #ccffff; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 0.75in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=72> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">&nbsp;<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; BACKGROUND: #ccffff; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$11,899.64<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; BACKGROUND: #ccffff; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$3,124.00<o:p></o:p></SPAN></B></P></TD></TR> <TR style="HEIGHT: 25.5pt; mso-yfti-irow: 29"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 0.8in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=bottom width=77> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">Medicare </SPAN><st1:stockticker><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">ALS</SPAN></st1:stockticker><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">-2<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$503.35<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">25<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$500.00<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$12,500.00<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; BACKGROUND: #ffff99; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 0.75in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; mso-border-top-alt: solid windowtext .5pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=72> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$503.00<SUP>1</SUP><o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$12,575.00<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$75.00<o:p></o:p></SPAN></P></TD></TR> <TR style="HEIGHT: 25.5pt; mso-yfti-irow: 30"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 0.8in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=bottom width=77> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">Medicaid </SPAN><st1:stockticker><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">ALS</SPAN></st1:stockticker><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">-2<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$180.00<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">1<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$180.00<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$180.00<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; BACKGROUND: #ffff99; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 0.75in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; mso-border-top-alt: solid windowtext .5pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=72> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$180.00<SUP>1</SUP><o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$180.00<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$0.00<o:p></o:p></SPAN></P></TD></TR> <TR style="HEIGHT: 25.5pt; mso-yfti-irow: 31"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 0.8in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=bottom width=77> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">Other </SPAN><st1:stockticker><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">ALS</SPAN></st1:stockticker><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">-2<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">&nbsp;&nbsp;N/A<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">11<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$500.00<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$5,500.00<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; BACKGROUND: #ffff99; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 0.75in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; mso-border-top-alt: solid windowtext .5pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=72> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$619.00<SUP>2</SUP><o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$6,809.00<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$1,309.00<o:p></o:p></SPAN></P></TD></TR> <TR style="HEIGHT: 25.5pt; mso-yfti-irow: 32"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 0.8in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=bottom width=77> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">Private Pay </SPAN><st1:stockticker><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">ALS</SPAN></st1:stockticker><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">-2<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">&nbsp;&nbsp;N/A<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">11<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$500.00<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$5,500.00<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; BACKGROUND: #ffff99; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 0.75in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; mso-border-top-alt: solid windowtext .5pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=72> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$619.00<SUP>2</SUP><o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$6,809.00<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$1,309.00<o:p></o:p></SPAN></P></TD></TR> <TR style="HEIGHT: 25.5pt; mso-yfti-irow: 33"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; BACKGROUND: #ccffff; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 0.8in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=bottom width=77> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><st1:stockticker><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">ALS</SPAN></B></st1:stockticker><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">-2<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; BACKGROUND: #ccffff; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">&nbsp;<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; BACKGROUND: #ccffff; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">48<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; BACKGROUND: #ccffff; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">&nbsp;<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; BACKGROUND: #ccffff; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$23,680.00<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; BACKGROUND: #ccffff; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 0.75in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=72> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">&nbsp;<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; BACKGROUND: #ccffff; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$26,373.00<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; BACKGROUND: #ccffff; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$2,693.00<o:p></o:p></SPAN></B></P></TD></TR> <TR style="HEIGHT: 25.5pt; mso-yfti-irow: 34"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 0.8in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=bottom width=77> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">Subtotal Medicare<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">&nbsp;<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">&nbsp;<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">&nbsp;<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$806,653.41<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 0.75in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=72> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">&nbsp;<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$825,375.89<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$18,722.48<o:p></o:p></SPAN></B></P></TD></TR> <TR style="HEIGHT: 25.5pt; mso-yfti-irow: 35"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 0.8in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=bottom width=77> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">Subtotal Medicaid<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">&nbsp;<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">&nbsp;<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">&nbsp;<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$58,627.50<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 0.75in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=72> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">&nbsp;<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$58,627.50<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$0.00<o:p></o:p></SPAN></B></P></TD></TR> <TR style="HEIGHT: 25.5pt; mso-yfti-irow: 36"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 0.8in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=bottom width=77> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">Subtotal Other<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">&nbsp;<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">&nbsp;<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">&nbsp;<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$581,820.00<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 0.75in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=72> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">&nbsp;<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$742,769.20<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$160,949.20<o:p></o:p></SPAN></B></P></TD></TR> <TR style="HEIGHT: 25.5pt; mso-yfti-irow: 37"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 0.8in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=bottom width=77> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">Subtotal Private Pay<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">&nbsp;<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">&nbsp;<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">&nbsp;<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$383,293.00<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 0.75in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=72> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">&nbsp;<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$484,686.88<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$101,393.88<o:p></o:p></SPAN></B></P></TD></TR> <TR style="HEIGHT: 25.5pt; mso-yfti-irow: 38; mso-yfti-lastrow: yes"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; BACKGROUND: #ccffff; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 0.8in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=bottom width=77> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">TOTAL<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; BACKGROUND: #ccffff; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">&nbsp;<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; BACKGROUND: #ccffff; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">&nbsp;<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; BACKGROUND: #ccffff; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=60> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">&nbsp;<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; BACKGROUND: #ccffff; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$1,830,393.91<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; BACKGROUND: #ccffff; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 0.75in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=72> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">&nbsp;<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; BACKGROUND: #ccffff; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$2,111,459.47<o:p></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; BACKGROUND: #ccffff; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 25.5pt; mso-border-bottom-alt: solid windowtext .5pt; mso-border-right-alt: solid windowtext .5pt" vAlign=bottom noWrap width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right" align=right><B><SPAN style="FONT-SIZE: 8pt; mso-bidi-font-family: Tahoma">$281,065.56<o:p></o:p></SPAN></B></P></TD></TR></TBODY></TABLE></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-SIZE: 8pt"><o:p>&nbsp;</o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><o:p><FONT size=2>&nbsp;</FONT></o:p></P> <P> <P>*Proposed new rates based on:&nbsp; (1) Medicare/Medicaid allowable and (2) median rate of survey of other services in metropolitan area.</P> <P>Johnson moved to approve the new rates and projections as identified in the table above, effective July 1, 2009. Motion was seconded by Jones and carried 2-0. McElhaney was not present for the vote</P> <P>Jones moved to adjourn the meeting; Johnson seconded and the motion carried.&nbsp; </P> <P>&nbsp;<BR>___________________________&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; ____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Vice Chair</P> <P>ATTEST:</P> <P>_____________________________&nbsp;&nbsp; ____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member</P></P>

<P><BR>Johnson called the meeting to order at 8:00 a.m. on Monday, July 7, 2008 with all members present.&nbsp;&nbsp;&nbsp; <BR>&nbsp;<BR><STRONG>CONSENT 07-07-08</STRONG><BR>Jones moved approval of the following Consent Agenda:<BR>&nbsp; <BR>&#9658;&nbsp; Memorandum of Understanding for the use of Douglas County Fairgrounds Building 21 for use as a Mass Dispensing Site.&nbsp; </P> <P>The motion was seconded by Jones and carried unanimously. </P> <P>At 8:10 a.m., Johnson moved to recess until 8:30 a.m.; motion was seconded by Jones and carried unanimously. Meeting reconvened at 8:30 a.m. </P> <P><STRONG>PLANNING 07-07-08</STRONG><BR>The Board considered the approval of CPA-2008-1, a Comprehensive Plan Amendment for the Southeast Area Plan, Recommendations section; Land Use, Land Use Descriptions, and Commercial Zoning Districts to change CC400 District to CC200 District, and consider adopting a resolution regarding the CPA. Michelle Leininger, Lawrence and Douglas County Metropolitan Planning Department, was present for the discussion. </P> <P>Johnson asked if property owners were aware of the proposed amendment. Leininger stated she has had conversations will all property owners and they are aware the amendment is correcting a mistake. The intent was for the CC400 for commercial to allow for a larger commercial area </P> <P>It was the consensus of the Board for the item to be tabled and placed on the Consent Agenda for the Monday, July 14, 2008 meeting and for staff to notify the property owners for a chance to comment at the meeting. </P> <P><STRONG>PLANNING 07-07-08</STRONG><BR>The Board considered the approval of SP-10-76-07, a revision to the approved site plan for Midnight Farm, 2084 N 600 Rd, to increase the building area of a multi-purpose building. The application was submitted by Landplan Engineering, P.A. for Community Living Opportunities, property owner of record. Mary Miller, Lawrence and Douglas County Metropolitan Planning Staff, was present for discussion. Permitted uses or restrictions contained in the approved CUP are not affected with the approval of the revised site plan. The property owner indicated that the increased area for the multi-purpose building is necessary due to ADA accessibility requirements for the horse mounting area and other facilities. Staff recommends approval of the revised site plan with the following conditions:</P> <P>1.&nbsp;All conditions of the Conditional Use Permit shall remain valid.<BR>2.&nbsp;The applicant shall provide a revised site plan which notes the number of stories and approximate floor area of House No. 3 and includes the building footprint area in the building coverage in the Site Summary Table. <BR>3.&nbsp;The applicant shall contact the Douglas County Health Department to determine if the increased building size will require any additional laterals.<BR>4.&nbsp;The applicant shall provide detailed construction plans to the Douglas County Zoning and Codes Office for determination of compliance with building codes and to determine if the building will be required to be sprinkled. </P> <P>Johnson opened the item for public comment. No comment was received. <BR>&nbsp;<BR>Johnson moved approval of SP-10-76-07, a revision to approved site plan for Midnight Farm with the above listed conditions. Motion was seconded by Jones and carried unanimously. </P> <P><STRONG>ACCOUNTS PAYABLE 07-07-08</STRONG><BR>Jones moved to approve accounts payable in the amounts of $781,406.82 paid on 06/05/08; $800,041.75 paid on 06/13/08; and $755,612.80 paid on 07/02/08; FICA in the amounts of $57,402.14 paid on 06/06/08, $22.13 paid on 06/23/09, $58,958.83 paid on 06/20/08, and $55,552.70 paid on 07/03/08; KYPERS in the amounts of $66,174.69 paid on 06/06/08, $70,894.13 paid on 06/20/08, and $65,459.27 paid on 07/03/08. Motion was seconded by McElhaney and carried unanimously. </P> <P><STRONG>BUDGET 07-07-08</STRONG><BR>The Board conducted 2009 budget hearings. No action was taken.</P> <P>Jones moved to adjourn the meeting; Johnson seconded and the motion carried.&nbsp; </P> <P>&nbsp;</P> <P>____________________________&nbsp;&nbsp;&nbsp; &nbsp;____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Vice Chair</P> <P>ATTEST:</P> <P>_____________________________&nbsp;&nbsp; ____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member</P>

<P><BR>At 8:30 a.m., the Board conducted 2009 budget hearings. No action was taken.</P> <P>Johnson called the meeting to order at 6:38 p.m. on Wednesday, July 9, 2008 with all members present.&nbsp; </P> <P><STRONG>CONSENT AGENDA 07-09-08</STRONG><BR>Jones moved approval of the following Consent Agenda:<BR>&nbsp; <BR>&#9658;&nbsp;Commission order No. 08-053 (on file with the office of the Clerk);&nbsp; <BR>&nbsp; <BR>The motion was seconded by McElhaney and carried unanimously. <BR>&nbsp;<BR><STRONG>MISCELLANEOUS 07-09-08</STRONG><BR>The Board discussed an incubator project with the Lawrence-Douglas County Biosciences Authority (LDCBA) to be located on the West KU Campus. Lavern Epp, Chairman of the LDCBA; Beth Johnson, Economic and Development Director for the Lawrence Chamber of Commerce; Carey Novak, Director of Business Relations for LDCBA; and Matthew McClorey, President of the Lawrence Regional Technology Center, were present for the discussion. The project is designed to help develop an infrastructure to house and build companies that will provide long-term economic benefits to the area by focusing on three distinct markets: Kansas University “bridge” companies, start up firms, and recruitment companies.</P> <P>LDCBA is asking the County to affirm its support of this development by committing to $75,000 in funds annually for the next 10 years. The City of Lawrence has also committed the same amount and LDCBA has committed $500,000 to the project for a total contribution of $2,000,000.&nbsp; </P> <P>McElhaney asked if there is an exit strategy. Epp stated LDCBA will not spend the money from the County if they do not get money from the Kansas Bioscience Authority. In the event the project is not successful, the local Bioscience Authority will hold title to the building.&nbsp;&nbsp; <BR>&nbsp;<BR>Johnson moved to authorize staff to draft a letter for the County to commit $75,000 for the next 10 years to the project, and for Staff to discuss the wording with the City, and then bring the letter back to the Board for signature. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PUBLIC WORKS 07-09-08</STRONG><BR>The Board considered the approval to award a construction contract for Project No. 2007-16 Route 1055 (6th Street) from Orange Street to Indiana Street in Baldwin City. Bids were opened on Thursday, July 3 at 3:00 p.m. The road will be constructed to a 31-foot back-to-back of curb urban collector-type roadway with storm sewers and sidewalks. Baldwin City and Douglas County entered into an agreement to equally share all construction costs, except for sidewalks. Bids are&nbsp;&nbsp;&nbsp; as follows: </P> <P>King’s Construction&nbsp;&nbsp;$1,109,918.37<BR>LRM Industries, Inc.&nbsp;&nbsp;$1,128,749.15<BR>Kansas Heavy Const.&nbsp;&nbsp;$1,166,995.07<BR>Meadows Const.&nbsp;&nbsp;$1,259,587.43<BR>Killough Const.&nbsp;&nbsp;$1,376,220.42<BR>Trinity Excavating&nbsp;&nbsp;$1,346,083.29</P> <P>Johnson moved to authorize the Public Works Director to accept the low bid from King Construction in the amount of $1,109,918.37 and to authorize the Public Works Director to approve change orders totaling up to 5% of the contract amount. Motion was seconded by Jones and carried unanimously. </P> <P><STRONG>PUBLIC WORKS 07-09-08</STRONG><BR>The Board considered approval to solicit bids for overlay Project No. 2008-6. The two roadway sections targeted for overlay are: Route 460 from N500/E880 to N600/E1100 and Route 1061 (Church Street) from&nbsp;&nbsp; K-10 to Route 442. </P> <P>There was discussion concerning the need to rebuild Route 1061 from K-10 to 12th Street, which is within the proposed 0.8 mile section of overlay. However, we have not received confirmation or commitment of funds from the City of Eudora. At this time we are looking to only mill and asphalt overlay 0.8 miles of surface. Jones asked that between soliciting of bids and accepting a contract, the Director of Public Works speak with the City of Eudora about their intentions and time frame for improvements to that section of road. Browning stated that the 0.8 miles could be added to the contract bids as an add alternate. It was the consensus of the Board for the Public Works Director to determine the best way to bid the project after discussions with the City of Eudora. </P> <P>Johnson moved to authorize the Public Works director to solicit bids for Project No 2008-6 asphalt overlays for portions of Route 460 and Route 1061 (Church street in Eudora). Motion was seconded by McElhaney and carried unanimously.</P> <P>Jones moved to adjourn the meeting; Johnson seconded and the motion carried.&nbsp; </P> <P>&nbsp;<BR>___________________________&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;&nbsp;Jere McElhaney, Vice Chair</P> <P>ATTEST:</P> <P>_____________________________&nbsp;&nbsp; ____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member</P>

<P>&nbsp;</P> <P>Johnson called the meeting to order at 8:00 a.m. on Monday, July 14, 2008 with two members present. McElhaney arrived at a later time. </P> <P>Jones moved approval of the minutes of May 19 and May 21, 2008. Motion was seconded by Johnson and carried 2-0.</P> <P><STRONG>CONSENT AGENDA 07-14-08</STRONG><BR>Johnson moved approval of the following Consent Agenda:<BR>&nbsp; <BR>&#9658;&nbsp;Commission order No. 08-054 (on file with the office of the Clerk); and<BR>&nbsp;&#9658;&nbsp; Joint Ordinance No. 8282 of the City of Lawrence, Resolution No. 08-27 of the Board of County Commissioners of Douglas County, Kansas approving amendments to the Comprehensive Land Use Plan “Horizon 2020” by amending Chapter Fourteen – Specific Plans, Southeast Area Plans, Section 3.11, Commercial, Zoning Districts and repealing the existing plan. Item was deferred from the July 7, 2008 meeting.&nbsp; </P> <P>The motion was seconded by Jones and carried 2-0. </P> <P><STRONG>ACCOUNTS PAYABLE 07-14-08</STRONG><BR>Johnson moved to approve a wire transfer in the amount of $469,725.00 to be paid on 07/31/08; and accounts payable in the amount of $3,279,216.58 to be paid on 07/14/08. Motion was seconded by Jones and carried 2-0.&nbsp; </P> <P><STRONG>EXECUTIVE SESSION 07-14-08</STRONG><BR>At 8:15, Jones moved that the Board recess into executive session for one hour to discuss a matter, which would be deemed privileged under the attorney-client relationship. Motion was seconded by Johnson and carried 2-0. Other attendees included: Craig Weinaug, County Administrator; Pam Madl, Assistant County Administrator; Daniel Low, Kotchen &amp; Low LLP; Stuart McCluer, McCully and McCluer; and Chris Burger, Stevens and Brand.&nbsp; </P> <P>At 9:15 a.m. Johnson moved for the Board to return to regular session; Jones seconded and the motion carried 2-0. Commissioner McElhaney joined the meeting at the conclusion of the Executive Session. No action was taken.&nbsp; </P> <P><STRONG>TREASURER 07-14-08</STRONG><BR>County Treasurer, Paul Gilchrist, presented a recommendation with regard to the tax billing process. The proposal was presented to provide tax billing printing and mailing services. The total estimated expenditure resulting from the contract will be estimated at $47,000 based on last year’s volume. That number could vary depending on 2008 actual quantities. </P> <P>The contract needs to be approved by the end of July 2008. Because the County Commissioners would not be available to approve the contract at that time, Bob Johnson moved to authorize the County Treasurer to execute the necessary contracts after consultation with the County Administrator, and to waive the formal bidding process.&nbsp; Motion was seconded by Jones and carried unanimously. (The contract was executed with Mail Communications Group, LLC.)&nbsp; </P> <P><STRONG>BUDGET 07-14-08</STRONG><BR>The Board conducted 2008 budget hearings. No action was taken.</P> <P>Jones moved to adjourn the meeting; Johnson seconded and the motion carried.&nbsp; </P> <P>&nbsp;</P> <P>____________________________&nbsp; ____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Jere McElhaney, Vice Chair</P> <P>ATTEST:</P> <P>_____________________________&nbsp;&nbsp; ____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member<BR>&nbsp;&nbsp;&nbsp; </P> <P><BR>&nbsp;</P>

<P>The Board conducted budget hearings beginning at 5:00 p.m. and ended at 6:30 p.m. All Commission members were present. </P> <P>Johnson called the regular session meeting to order at 6:35 p.m. on Wednesday, July 16, 2008 with all members present.&nbsp;&nbsp; </P> <P><STRONG>PUBLIC WORKS 07-16-08</STRONG><BR>The Board considered the approval of a Road Maintenance Agreement with Palmyra Township for N 600 Road from Route 1055 (E 1700 Road) to E 1750 Road. Douglas County is assessing properties within the benefit district for capital improvements made to N600 Road between Route 1055 and E1750 Road. Under the agreement, Douglas County agrees to maintain the improved road, and Palmyra Township agrees to pay Douglas County 1.46% of their road fund budget annually to cover estimated maintenance costs. Keith Browning, Director of Public Works, was present for the discussion. <BR>&nbsp;<BR>Jones moved to approve a Road Maintenance Agreement with Palmyra Township for maintenance of N 600 Road between Route 1055 (E1700 road) and E 1750 Road. Motion was seconded by McElhaney and carried unanimously. </P> <P><STRONG>PUBLIC WORKS 07-16-08<BR></STRONG>The Chairman opened a public hearing for the purpose of receiving written or oral objections and considering proposed assessments for the costs of certain internal improvements heretofore authorized by the Board of County Commissioners of the County.&nbsp; It was determined by the Board of County Commissioners that notice of the public hearing was duly published and mailed in accordance with K.S.A. 68-728.&nbsp; Thereafter, the Chairman adjourned the public hearing.</P> <P>&nbsp;Thereupon, a Resolution was presented entitled:</P> <P>&nbsp;A RESOLUTION LEVYING SPECIAL ASSESSMENTS ON CERTAIN PROPERTY TO PAY THE COSTS OF INTERNAL IMPROVEMENTS IN DOUGLAS COUNTY, KANSAS, AS HERETOFORE AUTHORIZED BY RESOLUTION NO. 07-08 OF THE COUNTY; AND PROVIDING FOR THE COLLECTION OF SUCH SPECIAL ASSESSMENTS.</P> <P>&nbsp;The Resolution was considered and discussed; and on motion of Commissioner Jones, seconded by Commissioner McElhaney, the Resolution as a whole was adopted by the following roll call vote:</P> <P>&nbsp;Yea:&nbsp; 3<BR>&nbsp;Nay:&nbsp; 0</P> <P>&nbsp;<BR>Thereupon, a majority of the members of the Board of County Commissioners having voted in favor of the adoption of the Resolution, it was given No. 08-26, was signed by the Chairman and attested by the County Clerk; and the County Clerk was ordered to cause the Resolution to be published one time in the official County newspaper as required by law, and to cause to be mailed a Notice of Assessment to each and all of the known property owners affected thereby on the same date that the Resolution is published.</P> <P><STRONG>APPOINTMENT 07-16-08</STRONG><BR>Jones moved to approve the reappointment of Bob Newton to the Douglas County Emergency Management Board for a one-year term to expire July 15, 2009. Motion was seconded by McElhaney and carried unanimously. </P> <P><STRONG>SHERIFF 07-16-08<BR></STRONG>Jones moved to approve a Renewal Agreement for Housing of Inmates in the Douglas County Jail with the City of Eudora for jail services. Inmates housed from July 1, 2008 through June 30, 2008 shall remain the same as the 2007 rate, and for inmates housed from July 1, 2008 through the remainder of calendar year 2008, shall be one-half of the County’s per inmate average cost over the prior three years. The rate to be used for all quarterly invoices to Eudora for inmates held during calendar year 2008 is $55.11 per day. Motion was seconded by McElhaney and carried unanimously. </P> <P><STRONG>MISCELLANEOUS 07-16-08</STRONG><BR>Jones moved approval to give any County Commissioner the authority to sign on behalf of the Board July 17 through August 10, 2008. Motion was seconded by McElhaney and carried unanimously. </P> <P>Jones moved to adjourn the meeting; Johnson seconded and the motion carried.&nbsp; </P> <P>&nbsp;</P> <P>____________________________&nbsp;&nbsp;&nbsp;&nbsp; ____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Jere McElhaney, Vice Chair</P> <P>ATTEST:</P> <P>_____________________________&nbsp;&nbsp; ____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member<BR>&nbsp;&nbsp;&nbsp; </P> <P>&nbsp;</P> <P>&nbsp;</P>

<P><BR>McElhaney called the meeting to order at 4:38 p.m. on Tuesday, July 29, 2008 with McElhaney present; Jones and Johnson were present via telephone.&nbsp; </P> <P><STRONG>ZONING &amp; CODES 07-29-08</STRONG><BR>The Board considered the approval of an Application for a Temporary Business Use permit for Earthwork, LLC, for the filming of a movie on property located at 1446 E 1850 Road, Lawrence, Kansas. The application was submitted by Brendon Glad. The owner of record is John Pendleton. Keith Dabney, Director of Zoning and Codes, was present for the discussion. Dabney presented the Board with signed documents from all surrounding neighbors stating they are aware of the meeting regarding the permit request. No neighbors were present at the meeting.</P> <P>McElhaney opened the item for public comment. No comment was received.</P> <P>McElhaney moved to approve the Application for a Temporary Business Use Permit for Earthwork, LLC to film on the premises of 1446 E 1850, July 30 through August&nbsp; 25, 2008. Motion was seconded by Johnson and carried unanimously. <BR>&nbsp; <BR>McElhaney moved to adjourn the meeting; Johnson seconded and the motion carried.&nbsp; </P> <P>&nbsp;<BR>___________________________&nbsp;&nbsp;&nbsp;&nbsp; ____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp; Jere McElhaney, Vice Chair</P> <P>ATTEST:</P> <P>_____________________________&nbsp;&nbsp; ____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member</P> <P>&nbsp;</P> <P>&nbsp;</P> <P>&nbsp;</P> <P>&nbsp;</P> <P>&nbsp;</P> <P>&nbsp;&nbsp;&nbsp; <BR></P>

<P><BR>Jones called the meeting to order at 8:38 a.m. on Monday, August 4, 2008 with Johnson present via telephone conference call.&nbsp;&nbsp; </P> <P><STRONG>EXECUTIVE SESSION 08-04-08</STRONG><BR>At 8:39, Jones moved that the Board recess into executive session for 20 minutes to discuss a matter, which would be deemed privileged under the attorney-client relationship, with the purpose of the executive session to protect the attorney-client privilege.&nbsp; Motion was seconded by Johnson and carried 2-0.&nbsp; Other attendees to invited to attend the executive session were: Pam Madl, Assistant County Administrator; Evan Ice and Chris Burger, attorneys of Stevens and Brand, L.L.P.&nbsp;&nbsp;&nbsp; </P> <P><STRONG>REGULAR SESSION 08-04-08</STRONG><BR>At 9:00 a.m. the Board to returned to regular session.&nbsp; Commissioner McElhaney joined the meeting at the conclusion of the Executive Session.&nbsp; </P> <P>Jones moved to authorize Pam Madl, Assistant County Administrator, on behalf of the County, to sign a contract with the law firm of Kotchen &amp; Low, LLP, as submitted at the meeting, to represent the County in a class action lawsuit against McKesson Corporation and FirstData Bank, Inc., and also to engage Stevens and Brand, L.L.P. as the local representation in the case.&nbsp; Motion was seconded by Johnson.&nbsp; In discussing the Motion, it was noted that payment of attorney fees and expenses were contingent upon the outcome of the case.&nbsp; Motion carried 2-0-1 with McElhaney abstaining.<BR>&nbsp; <BR>Jones moved to adjourn the meeting, Johnson seconded, and the Motion&nbsp;&nbsp;&nbsp; <BR>carried 3-0.</P> <P>&nbsp;<BR>___________________________&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; ____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Jere McElhaney, Vice Chair</P> <P>ATTEST:</P> <P>_____________________________&nbsp;&nbsp; ____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Charles Jones, Member</P> <P><BR>&nbsp;&nbsp;&nbsp; </P> <P>&nbsp;</P> <P>&nbsp;<BR></P>

<P>&nbsp;<BR>Johnson called the regular session meeting to order at 6:35 p.m. on Wednesday, August 20, 2008 with all members present.&nbsp;&nbsp; </P> <P><STRONG>BUDGET 08-20-08</STRONG><BR>As advertised, the Board conducted a public hearing regarding the 2009 budget. McElhany moved to open the public hearing; Jones seconded and the motion carried. No comment was received. McElhaney moved to close the public hearing; Jones seconded and the motion carried.&nbsp; </P> <P>Jones moved to approve the 2009 Budget for Douglas County, Kansas. Motion was seconded by McElhaney and carried unanimously. </P> <P><STRONG>BUDGET &amp; RECOGNITION 08-20-08</STRONG><BR>The Board recognized Debbie Sparkes, Budget Director, for her contribution and hard work on the 2008 Budget. Douglas County was presented with the “Distinguished Budget Presentation Award” for the 2008 Budget by the Government Finance Officers Association.</P> <P><STRONG>PUBLIC WORKS 08-20-08</STRONG><BR>Thereupon, there was presented a Resolution entitled:</P> <P>A RESOLUTION AUTHORIZING AND DIRECTING THE ISSUANCE, SALE AND DELIVERY OF GENERAL OBLIGATION BONDS, SERIES 2008, OF DOUGLAS COUNTY, KANSAS; PROVIDING FOR THE LEVY AND COLLECTION OF AN ANNUAL TAX FOR THE PURPOSE OF PAYING THE PRINCIPAL OF AND INTEREST ON SAID BONDS AS THEY BECOME DUE; MAKING CERTAIN COVENANTS AND AGREEMENTS TO PROVIDE FOR THE PAYMENT AND SECURITY THEREOF; AND AUTHORIZING CERTAIN OTHER DOCUMENTS AND ACTIONS CONNECTED THEREWITH.</P> <P>Thereupon, Commissioner Johnson moved that said Resolution be adopted.&nbsp; The motion was seconded by Commissioner Jones.&nbsp; Said Resolution was duly read and considered, and upon being put, the motion for the adoption of said Resolution was carried by the vote of the governing body, the vote being as follows:</P> <P>&nbsp;Yea:&nbsp; 3 </P> <P>&nbsp;Nay: 0 </P> <P>Thereupon, the Chairman declared said Resolution duly adopted and the Resolution was then duly numbered Resolution No. 08-34 and was signed by the County Commissioners and attested by the Clerk.<BR>PUBLIC WORKS 08-20-08<BR>The Board considered the approval of a joint resolution with the City of Lawrence endorsing a new statewide Comprehensive Transportation program. Keith Browning, Director of Public Works, was present for the discussion. </P> <P>The League of Kansas Municipalities (LKM) and the Kansas Association of Counties (KAC) have requested cities and counties to pass resolutions identifying specific transportation needs and endorsing a new statewide Comprehensive Transportation Program. Browning met with Chuck Soules, City Public Works Director, to propose the following list of needed transportation improvements to Lawrence and Douglas County with no source of funding: K-10 (SLT)-Iowa St. (US-59) to K-10 32nd Street Alignment; K-10 (SLT)-I-70 (KS Turnpike) to US-59; Connection from K-10 to planned K-70 interchange south of Tonganoxie on LVCO Route 1; K-10 Interchange –DGCO route 1061 Church Street in Eudora; US-40 (6th Street)-DGCO Rte 442 (Stull Road) to K-10; US-59 (Iowa Street)-at the following intersections; 6th, 9th, Harvard, 15th, 23rd, 25th, 27th, 33rd, K-10; and U-56-Johnson County line to US-59. Total cost for improvements is $24,240,000. Browning stated all of the listed projects are recommended in the T2030 plan except the connection from K-10 to the planned I-70 interchange and US-56 from Johnson County line to US-59. </P> <P>Johnson clarified that the Ordinance/Resolution with the City is feeding into KDOT’s development of a new comprehensive plan beginning in 2010. The ordinance/ resolution d&#160;s not mean these projects will happen. However, if not on the list, they cannot possibly happen. Browning confirmed that statement is correct. The intent is to show there are many transportation needs.</P> <P>Jones stated the resolution seems “business as usual.” He feels we should expect some major changes in gas prices and consumption patterns over the next 12 years. He d&#160;s not feel this plan provides any type of new visionary approaches to moving people. We need to consider serious course changes on how to transport people. The resolution d&#160;s not address any form of public transportation.</P> <P>McElhaney stated he is in support of the joint ordinance/resolution. He feels we are ahead of the curve in T2030 because we have initiated the K-10 Corridor between Johnson County and Lawrence. Browning stated the widening of K-10 to six lanes was not included on the list because it is not listed in T2030.</P> <P>Johnson stated he is in support of the resolution, however, the City of Lawrence could add language to speak to Jones concerns. </P> <P>Johnson moved to adopt the draft of a Joint Ordinance of the City of Lawrence, Kansas and, Resolution of the Board of County Commissioners of Douglas County, Kansas, endorsing transportation improvements for the City of Lawrence and County of Douglas, Kansas, concerning the enactment by the Kansas Legislature of a new state-wide comprehensive transportation program, and encouraging the City to add an amendment that speaks to the issue of alternative transportation. Motion was seconded by McElhaney and carried 3-0.</P> <P><STRONG>ACCOUNTS PAYABLE 08-20-08<BR></STRONG>McElhaney moved to approve an accounts payable manual check in the amount of $50,000. Motion was seconded by Johnson and carried unanimously.&nbsp;&nbsp; </P> <P><STRONG>MISCELLANEOUS 08-20-08</STRONG><BR>The Board discussed a letter received from Kansas Supreme Court Justice Eric S. Rosen stating it is inappropriate for the judicial nominating committee to be involved in the selection of the Judge Pro Tem position. It was the consensus of the Board to have Judge Fairchild suggest an appropriate process for filling the Pro Tem position.&nbsp;&nbsp;&nbsp; </P> <P>Jones moved to adjourn the meeting; McElhaney seconded and the motion carried.&nbsp; </P> <P>&nbsp;</P> <P>____________________________&nbsp;&nbsp;&nbsp;&nbsp; ____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp; &nbsp; Jere McElhaney, Vice Chair</P> <P>ATTEST:</P> <P>_____________________________&nbsp;&nbsp; ____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Charles Jones, Member<BR>&nbsp;&nbsp;&nbsp; </P> <P>&nbsp;</P>

<P><BR>Johnson called the regular session meeting to order at 8:30 a.m. on Monday, August 25, 2008 with all members present. </P> <P>Johnson moved approval of the minutes for August 13 and August 18, 2008. Motion was seconded by Jones and carried unanimously. </P> <P><STRONG>CONSENT AGENDA 08-25-08</STRONG><BR>Johnson moved approval of the following Consent Agenda:<BR>&nbsp; <BR>&#9658;&nbsp;&nbsp; Acknowledge Fee Reports for July 2008. <BR>&nbsp;&nbsp; <BR>The motion was seconded by Jones and carried unanimously. </P> <P><EM>Item 1(b) was pulled from the agenda.</EM><BR><STRONG>PUBLIC WORKS 08-25-08</STRONG><BR>The Board considered the approval of a resolution conditionally approving the extension of E 400 Road north of N 1950 Road as tabled from the August 13, 2008 meeting. </P> <P>McElhaney stated he is in support of the road extension, but that the road extension is not intended to create subdivisions.&nbsp; </P> <P>Johnson stated his support for the road extension but went on to clarify that each individual petition consideration will be based on criteria.</P> <P>Jones stated he is opposed to the road extension and will support only when the extension is economically viable and makes sense in terms of connectivity or environmental well being. He will also consider the safety factor. <BR>&nbsp;<BR>McElhaney moved to approve Resolution 08-36 of the Board of County Commissioners of Douglas County, Kansas, approving the extension of E400 Road. The motion was seconded by Johnson and approved with a 2-1 vote. Jones voted in opposition.&nbsp; </P> <P><STRONG>ACCOUNTS PAYABLE 08-25-08</STRONG><BR>Jones moved to approve accounts payable in the amount of $334,237.05 to be paid on 08/25/08, and a wire transfer in the amount of $257,021.75 to be paid on 08/29/08. Motion was seconded by McElhaney and carried unanimously. </P> <P><STRONG>MISCELLANEOUS 08-25-08</STRONG><BR>Craig Weinaug, County Administrator, updated the Board on the status of the Pro Tem position applicant review process. Weinaug stated Judge Fairchild would like to form a review committee consisting of three judges and three non-judge members (one being an attorney and two non-attorneys). This process would be similar to the process used for district court appointments. It was the consensus of the Board to offer that each Commissioner appoint one of the three non-judge members. This was purely an offer to Judge Fairchild to provide assistance if he chooses. </P> <P>Johnson moved to adjourn the meeting; Jones seconded and the motion carried.&nbsp; </P> <P>&nbsp;</P> <P><BR>____________________________&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; ____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Jere McElhaney, Vice Chair</P> <P>ATTEST:</P> <P>_____________________________&nbsp;&nbsp; ____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Charles Jones, Member<BR>&nbsp;&nbsp;&nbsp; <BR></P>

<P>Johnson called the meeting to order at 8:30 a.m. on Monday, August 11, 2008 with two members present. McElhaney arrived at a later time. </P> <P>Johnson moved approval of the minutes of June 2, June 4, June, 17, June 23, July 2, July 7, July 9, July 14, July 16, July 29, and August 4, 2008. Motion was seconded by Jones and carried 2-0.</P> <P><STRONG>CONSENT AGENDA 08-11-08</STRONG><BR>Johnson moved approval of the following Consent Agenda:<BR>&nbsp; <BR>&#9658;&nbsp;Commission order No. 08-055, 08-056- and 08-057 (on file with the office of the Clerk); <BR>&#9658;&nbsp;&nbsp; Resolution 08-30&nbsp; establishing a 30 mph speed limit for a portion of N 1200 Road in Eudora Township;<BR>&nbsp;&#9658;&nbsp;Resolution 08-31 establishing a 40 mph speed limit for a portion of N 250 Road immediately east of Baldwin City;</P> <P>&#9658;&nbsp;Resolution 08-32 establishing a 40 mph speed limit for Route 2 (N 1250 Road);<BR>&#9658;&nbsp;Resolution 08-33 establishing a 35 mph speed limit for a portion of E 1850 Road in Palmyra Township; <BR>&#9658; Risk Reduction Grant FY 2008 Quarterly Summary Budget Report to Transfer of CC and SB14 Funds over the $5,000.00 Limit;<BR>&#9658;&nbsp;Kansas Community Corrections Act FY 2008 Quarterly Summary Budget Report<BR>&#9658;&nbsp;FY2009 Comprehensive Plan and Revised FY2009 Community Corrections Supervision Grant Funds Budget Summary and Budget Narrative<BR>&#9658;&nbsp;Fee Reports for April 2008.</P> <P>The motion was seconded by Jones and carried 2-0. </P> <P><STRONG>ZONING &amp; CODES 08-11-08</STRONG><BR>The Board considered the approval of an Application for a Temporary Business Use permit for the placement of a temporary work trailer on site for the West Baldwin Creek Sanitary Sewer System Project for the City of Lawrence. The application was submitted by the City of Lawrence. The owner of record is Doug Compton. Keith Dabney, Director of Zoning and Codes, was present for the discussion. Notice of a public hearing was sent to all surrounding property owners. No neighbors were present at the meeting.</P> <P>Jones opened the item for public comment; Johnson seconded and the motion carried 3-0. No comment was received. <BR>Jones moved to close the public hearing; McElhaney seconded and the motion carried 3-0. </P> <P>Jones moved to approve the Application for a Temporary Business Use Permit for the placement of a temporary work trailer on site for the West Baldwin Creek Sanitary Sewer System Project for the City of Lawrence with anticipated completion in April 2009. Motion was seconded by McElhaney and carried 3-0. </P> <P><STRONG>PUBLIC WORKS 08-11-08<BR></STRONG>The matter of providing for the offering for sale of General Obligation Bonds, Series 2008, came on for consideration and was discussed.</P> <P>Commissioner Jones presented and moved the adoption of a Resolution entitled:</P> <P>&nbsp;RESOLUTION AUTHORIZING THE OFFERING FOR SALE OF GENERAL OBLIGATION BONDS, SERIES 2008, OF DOUGLAS COUNTY, KANSAS.</P> <P>Commissioner Johnson seconded the motion to adopt the Resolution.&nbsp; Thereupon, the Resolution was read and considered, and, the question being put to a roll call vote, the vote thereon was as follows:</P> <P>&nbsp;Aye:&nbsp; 3<BR>&nbsp;Nay:&nbsp; 0</P> <P>The Chairman declared the Resolution duly adopted; the Clerk designating the same Resolution No. 08-29.</P> <P><STRONG>PURCHASING &amp; INFORMATION TECNOLOGY 08-11-08</STRONG><BR>The Board considered the approval to purchase Storage Area Network (SAN) to replace the County’s primary electronic data source. Jim Lawson, Director of the Information Technology Department, was present for the discussion. The proposal considers three stages: 1) purchase of a SAN solution for our primary site and disaster recovery (DR) site; 2) purchase a new backup devise to handle increased data needs; and 3) purchase of new backup software. Funds have been allocated in the equipment reserve fund for this expenditure. It was discussed that the current system has exhausted its life expectancy and may soon run out of storage space. The new system is expected to last six years. Based on the review committee evaluation criteria and the proposed solutions; Tallgrass Technology and ISG Technology were invited to interview. The review committee recommends the Board approve ISG Technology’s proposal with the following negotiated amounts:</P> <P>-&nbsp;Reduced the original hardware cost (phase I) from $79,700 to $75,000; savings of $4,700.<BR>-&nbsp;Reduced the five-year extended maintenance (phase I) from $34,346 to $29,500; savings of $4,846.</P> <P>-&nbsp;Reduced installation costs (phase I) from $4,000 to $2,000; savings of $2,000.<BR>-&nbsp;Upgraded SAN for DR Site (PS5000E) which increased the equipment cost by $7,320, but eliminates the need for purchasing the backup devise (phase 2) which reduces our cost by $110,824.<BR>-&nbsp;Eliminated the extended maintenance for the backup software (phase 3) reducing our cost by $8,092.</P> <P>Jones moved to accept the negotiated proposal of $128,651 for a storage area network submitted by ISG Technology. Motion was seconded by Johnson and carried 3-0. <BR>&nbsp;<BR><STRONG>PURCHASING 08-11-08</STRONG><BR>The Board considered approval for the modernization of elevators in the Judicial &amp; Law Enforcement Center due to maintenance issues and significant down time. The elevators were installed in 1976. The only changes have been upgrades to comply with the American Disabilities Act (ADA). The anticipated life expectancy of the elevators is 20-25 years after the modernizations, which is more cost effective than a replacement. The following bids were received:</P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; VERTICAL-ALIGN: baseline; tab-stops: list .5in left .75in; mso-layout-grid-align: none"><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">&#160;<o:p>&nbsp;</o:p></SPAN></P> <P> <TABLE class=MsoTableGrid style="BORDER-RIGHT: medium none; BORDER-TOP: medium none; BORDER-LEFT: medium none; WIDTH: 100%; BORDER-BOTTOM: medium none; BORDER-COLLAPSE: collapse; mso-border-alt: solid windowtext .5pt; mso-yfti-tbllook: 480; mso-padding-alt: 0in 5.4pt 0in 5.4pt; mso-border-insideh: .5pt solid windowtext; mso-border-insidev: .5pt solid windowtext" cellSpacing=0 cellPadding=0 width="100%" border=1> <TBODY> <TR style="mso-yfti-irow: 0"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: windowtext 1pt solid; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 43.16%; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt" vAlign=top width="43%"> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; VERTICAL-ALIGN: baseline; tab-stops: list .5in left .75in; mso-layout-grid-align: none"><SPAN style="FONT-FAMILY: Arial"><o:p><FONT size=2>&nbsp;</FONT></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: windowtext 1pt solid; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 22.46%; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=top width="22%"> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; VERTICAL-ALIGN: baseline; TEXT-ALIGN: center; tab-stops: list .5in left .75in; mso-layout-grid-align: none" align=center><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial"><FONT size=2>Thyssen Krupp Elevator<o:p></o:p></FONT></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: windowtext 1pt solid; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 17.58%; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=top width="17%"> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; VERTICAL-ALIGN: baseline; TEXT-ALIGN: center; tab-stops: list .5in left .75in; mso-layout-grid-align: none" align=center><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial"><FONT size=2>Dynatron Elevator<o:p></o:p></FONT></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: windowtext 1pt solid; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 16.8%; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=top width="16%"> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; VERTICAL-ALIGN: baseline; TEXT-ALIGN: center; tab-stops: list .5in left .75in; mso-layout-grid-align: none" align=center><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial"><FONT size=2>Kone Elevators<o:p></o:p></FONT></SPAN></B></P></TD></TR> <TR style="mso-yfti-irow: 1"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 43.16%; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width="43%"> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; VERTICAL-ALIGN: baseline; tab-stops: list .5in left .75in; mso-layout-grid-align: none"><SPAN style="FONT-FAMILY: Arial"><FONT size=2>Furnish &amp; Install Equipment<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 22.46%; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width="22%"> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; VERTICAL-ALIGN: baseline; TEXT-ALIGN: center; tab-stops: list .5in left .75in; mso-layout-grid-align: none" align=center><SPAN style="FONT-FAMILY: Arial"><FONT size=2>$188,567<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 17.58%; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width="17%"> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; VERTICAL-ALIGN: baseline; TEXT-ALIGN: center; tab-stops: list .5in left .75in; mso-layout-grid-align: none" align=center><SPAN style="FONT-FAMILY: Arial"><FONT size=2>$153,015<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 16.8%; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width="16%"> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; VERTICAL-ALIGN: baseline; TEXT-ALIGN: center; tab-stops: list .5in left .75in; mso-layout-grid-align: none" align=center><SPAN style="FONT-FAMILY: Arial"><FONT size=2>$212,940<o:p></o:p></FONT></SPAN></P></TD></TR> <TR style="mso-yfti-irow: 2"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 43.16%; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width="43%"> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; VERTICAL-ALIGN: baseline; tab-stops: list .5in left .75in; mso-layout-grid-align: none"><SPAN style="FONT-FAMILY: Arial"><FONT size=2>Alternate No. 1<o:p></o:p></FONT></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; VERTICAL-ALIGN: baseline; tab-stops: list .5in left .75in; mso-layout-grid-align: none"><SPAN style="FONT-FAMILY: Arial"><FONT size=2>(Cab Enclosure; elevators #1 &amp; #2)<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 22.46%; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width="22%"> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><SPAN style="FONT-FAMILY: Arial"><FONT size=2>$23,476<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 17.58%; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width="17%"> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><SPAN style="FONT-FAMILY: Arial"><FONT size=2>$49,518<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 16.8%; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width="16%"> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><SPAN style="FONT-FAMILY: Arial"><FONT size=2>$33,440<o:p></o:p></FONT></SPAN></P></TD></TR> <TR style="mso-yfti-irow: 3"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 43.16%; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width="43%"> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; VERTICAL-ALIGN: baseline; tab-stops: list .5in left .75in; mso-layout-grid-align: none"><SPAN style="FONT-FAMILY: Arial"><FONT size=2>Alternate No. 2<o:p></o:p></FONT></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; VERTICAL-ALIGN: baseline; tab-stops: list .5in left .75in; mso-layout-grid-align: none"><SPAN style="FONT-FAMILY: Arial"><FONT size=2>(Door panels &amp; frames; elevators #1 &amp; #2<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 22.46%; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width="22%"> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><SPAN style="FONT-FAMILY: Arial"><FONT size=2>$15,116<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 17.58%; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width="17%"> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><SPAN style="FONT-FAMILY: Arial"><FONT size=2>$28,728<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 16.8%; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width="16%"> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><SPAN style="FONT-FAMILY: Arial"><FONT size=2>$15,495<o:p></o:p></FONT></SPAN></P></TD></TR> <TR style="mso-yfti-irow: 4"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 43.16%; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width="43%"> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; VERTICAL-ALIGN: baseline; tab-stops: list .5in left .75in; mso-layout-grid-align: none"><SPAN style="FONT-FAMILY: Arial"><FONT size=2>Intermediate Rail Brackets<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 22.46%; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width="22%"> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><SPAN style="FONT-FAMILY: Arial"><FONT size=2>Included<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 17.58%; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width="17%"> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><SPAN style="FONT-FAMILY: Arial"><FONT size=2>Included<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 16.8%; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width="16%"> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><SPAN style="FONT-FAMILY: Arial"><FONT size=2>Included<o:p></o:p></FONT></SPAN></P></TD></TR> <TR style="mso-yfti-irow: 5"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 43.16%; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width="43%"> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; VERTICAL-ALIGN: baseline; tab-stops: list .5in left .75in; mso-layout-grid-align: none"><SPAN style="FONT-FAMILY: Arial"><FONT size=2>Guaranteed number of days to complete installation<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 22.46%; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width="22%"> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><SPAN style="FONT-FAMILY: Arial"><FONT size=2>180<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 17.58%; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width="17%"> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><SPAN style="FONT-FAMILY: Arial"><FONT size=2>145<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 16.8%; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width="16%"> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center" align=center><SPAN style="FONT-FAMILY: Arial"><FONT size=2>275<o:p></o:p></FONT></SPAN></P></TD></TR> <TR style="mso-yfti-irow: 6; mso-yfti-lastrow: yes"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 43.16%; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width="43%"> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; VERTICAL-ALIGN: baseline; TEXT-ALIGN: center; tab-stops: list .5in left .75in; mso-layout-grid-align: none" align=center><FONT size=2><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial">TOTAL </SPAN></B><1/2xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" /><st1:stockticker><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial">COST</SPAN></B></st1:stockticker><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial"><o:p></o:p></SPAN></B></FONT></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 22.46%; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width="22%"> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; VERTICAL-ALIGN: baseline; TEXT-ALIGN: center; tab-stops: list .5in left .75in; mso-layout-grid-align: none" align=center><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial"><FONT size=2>$227,159<o:p></o:p></FONT></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 17.58%; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width="17%"> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; VERTICAL-ALIGN: baseline; TEXT-ALIGN: center; tab-stops: list .5in left .75in; mso-layout-grid-align: none" align=center><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial"><FONT size=2>$231,261<o:p></o:p></FONT></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 16.8%; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width="16%"> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; VERTICAL-ALIGN: baseline; TEXT-ALIGN: center; tab-stops: list .5in left .75in; mso-layout-grid-align: none" align=center><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial"><FONT size=2>$286,935<o:p></o:p></FONT></SPAN></B></P></TD></TR></TBODY></TABLE></P> <P>Jones moved to approve the low bid of $227,159 submitted by Thyssen Krupp Elevators and to authorize the Assistant County Administrator to approve change orders up to 10% of the contract amount. Motion was seconded by McElhaney and carried 3-0. <BR>&nbsp;<BR><STRONG>SHERIFF 08-11-08</STRONG><BR>McElhaney moved to approve a Renewal Agreement for Housing of Inmates in the Douglas County Jail with the agreement that inmates housed from January 1 through June 30, 2008 shall remain the same as the 2007 rate, and from July 1, 2008 through the remainder of calendar year 2008, shall be one-half of the County’s per inmate average costs over the prior three years. The rate to be used for all quarterly invoices to Baldwin City for inmates held during calendar year 2008 is $55.11 per day. Motion was seconded by Jones and carried 3-0.<BR>&nbsp;<BR><STRONG>SHERIFF &amp; JAIL 08-11-08</STRONG><BR>The Board considered a request to resurface the jail shower floors and the jail kitchen floor. Ken Massey, Undersheriff, and Pam Madl, Assistant County Administrator, were present for the discussion. The old epoxy flooring is cracked, allowing water to seep underneath the coating. The floors identified in most need for resurfacing are the (4) maximum security showers, (2) booking showers, the showers on the minimum security level and the kitchen floor. The 2008 budget contains an allocation of $75,000 for the showers and $25,000 for the kitchen. Douglas County received the following bids: PrimeCoat $76,492 and DesCo Coating $57,084. Staff recommends the Board approve the contract with PrimeCoat based on the following criteria: their process d&#160;s not produce fumes; the one-piece coating covers walls, floor and ceiling; and PrimeCoat was more flexible in regards to the down time required for the kitchen. Additional funds above the allocated $100,000 would come from a deferred project for HVAC chiller maintenance/repair in the amount of $30,000.&nbsp; </P> <P>Jones moved to award contract to Primeco, with a not-to-exceed limit of $130,000 to repair showers and to authorize the Sheriff approve up to a 5% contingency for change orders. Motion was seconded by McElhaney and carried 3-0.&nbsp;&nbsp; </P> <P><STRONG>YOUTH SERVICES 08-11-08</STRONG><BR>Judith Culley, Executive Director of the Shelter, Inc. asked the Board to consider approving a line item adjustment to the Juvenile Justice Authority SF07 Prevention/Intervention Unexpended Funds Adjusted Budget Summary for SFY08. <BR>Culley stated she would like to upgrade equipment and move money from the personnel line item to the equipment fund. She stated this year, JJA under spent approximately $20,000. She would like to use these funds to purchase a computer and furniture for the Juvenile Intake facility. The modifications have been approved by the local Douglas County Community Corrections and Youth Services Advisory Board. However, Commission approval is also required. </P> <P>Jones moved to approve the line item adjustment for the SFY07 Prevention/ Intervention Unexpended Funds Adjusted Budget Summary for SFY08. Motion was seconded by McElhaney and carried 3-0. </P> <P><STRONG>PUBLIC WORKS 08-11-08</STRONG><BR>The Board considered authorizing the solicitation of bids for bridge truss replacement of Bridge No. 09.03N-09.03E, and to purchase a steel truss for DGCO Project No. 2007-15. Keith Browning, Director of Public Works, was present for the discussion. The bridge is an 80-foot single lane with a timber deck that carries traffic on N900 Road over Washington Creek, located approximately 1.1 miles east of Lone Star. Staff recommends replacing the existing truss while utilizing the existing abutments. A new one-lane truss will provide an adequate level of service for the low amount of traffic using this bridge. In addition to replacing the existing truss, there will be concrete work required for the abutment along with some grading work on the approaches to the bridge. There is only one supplier, Contech Bridge Solutions, for the replacement of the truss. Their bid is $167,114 for fabricating and delivering the truss to the project site. Due to a 10-12 week lead time for fabrication, authorization is required for completion in this calendar year. </P> <P>Johnson moved to authorize the Public Works Director to proceed with Project No.&nbsp; 2007-15, truss replacement for Bridge No. 09.03N-09.03E and authorized the following actions: 1) purchase a replacement truss for $167,114, from Contech Bridge Solutions; 2) solicit bids for installation of the replacement truss and other construction need for Project No. 2007-5. Motion was seconded by Jones and carried 3-0. </P> <P><STRONG>PUBLIC WORKS 08-11-08</STRONG><BR>The Board considered awarding a contract for asphalt overlay Project No. 2008-6 located at Route 260 from N500/E880 to N600/E1100 (3.1 miles) and Route 1061 (Church Street) from K-10 to Route 442 (.08 miles). The following bids were received:</P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p>&nbsp;</o:p></SPAN></P> <P> <TABLE class=MsoTableGrid style="BORDER-RIGHT: medium none; BORDER-TOP: medium none; MARGIN: auto 6.75pt; BORDER-LEFT: medium none; BORDER-BOTTOM: medium none; BORDER-COLLAPSE: collapse; mso-border-alt: solid windowtext .5pt; mso-yfti-tbllook: 480; mso-padding-alt: 0in 5.4pt 0in 5.4pt; mso-border-insideh: .5pt solid windowtext; mso-border-insidev: .5pt solid windowtext; mso-table-lspace: 9.0pt; mso-table-rspace: 9.0pt; mso-table-anchor-vertical: paragraph; mso-table-anchor-horizontal: page; mso-table-left: 160.65pt; mso-table-top: 7.85pt" cellSpacing=0 cellPadding=0 align=left border=1> <TBODY> <TR style="HEIGHT: 12.8pt; mso-yfti-irow: 0"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: windowtext 1pt solid; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 144.9pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 12.8pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt" vAlign=top width=193> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: page; mso-element-left: 160.7pt; mso-element-top: 7.85pt; mso-height-rule: exactly" align=center><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>Bidder<o:p></o:p></FONT></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: windowtext 1pt solid; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 85.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 12.8pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=top width=114> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: page; mso-element-left: 160.7pt; mso-element-top: 7.85pt; mso-height-rule: exactly" align=center><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>Total Base Bid<o:p></o:p></FONT></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: windowtext 1pt solid; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 77.9pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 12.8pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=top width=104> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: page; mso-element-left: 160.7pt; mso-element-top: 7.85pt; mso-height-rule: exactly" align=center><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>Add-Alternate<o:p></o:p></FONT></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: windowtext 1pt solid; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 71.15pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 12.8pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=top width=95> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: center; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: page; mso-element-left: 160.7pt; mso-element-top: 7.85pt; mso-height-rule: exactly" align=center><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>Total Bid<o:p></o:p></FONT></SPAN></B></P></TD></TR> <TR style="HEIGHT: 12.8pt; mso-yfti-irow: 1"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 144.9pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 12.8pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=193> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: page; mso-element-left: 160.7pt; mso-element-top: 7.85pt; mso-height-rule: exactly"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>LRM Industries<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 85.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 12.8pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=114> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: page; mso-element-left: 160.7pt; mso-element-top: 7.85pt; mso-height-rule: exactly"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>$553,702.05<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 77.9pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 12.8pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=104> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: page; mso-element-left: 160.7pt; mso-element-top: 7.85pt; mso-height-rule: exactly"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>$31,762.08<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 71.15pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 12.8pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=95> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: page; mso-element-left: 160.7pt; mso-element-top: 7.85pt; mso-height-rule: exactly"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>$585,464.13<o:p></o:p></FONT></SPAN></P></TD></TR> <TR style="HEIGHT: 12.8pt; mso-yfti-irow: 2"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 144.9pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 12.8pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=193> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: page; mso-element-left: 160.7pt; mso-element-top: 7.85pt; mso-height-rule: exactly"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>Hamm, Inc.<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 85.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 12.8pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=114> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: page; mso-element-left: 160.7pt; mso-element-top: 7.85pt; mso-height-rule: exactly"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>$607,148.50<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 77.9pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 12.8pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=104> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: page; mso-element-left: 160.7pt; mso-element-top: 7.85pt; mso-height-rule: exactly"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>$30,688.00<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 71.15pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 12.8pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=95> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: page; mso-element-left: 160.7pt; mso-element-top: 7.85pt; mso-height-rule: exactly"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>$637,836.50<o:p></o:p></FONT></SPAN></P></TD></TR> <TR style="HEIGHT: 12.8pt; mso-yfti-irow: 3"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 144.9pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 12.8pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=193> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: page; mso-element-left: 160.7pt; mso-element-top: 7.85pt; mso-height-rule: exactly"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>Asphalt Improvement Co.<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 85.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 12.8pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=114> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: page; mso-element-left: 160.7pt; mso-element-top: 7.85pt; mso-height-rule: exactly"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>$574,480.50<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 77.9pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 12.8pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=104> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: page; mso-element-left: 160.7pt; mso-element-top: 7.85pt; mso-height-rule: exactly"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>$31,455.20<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 71.15pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 12.8pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=95> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: page; mso-element-left: 160.7pt; mso-element-top: 7.85pt; mso-height-rule: exactly"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>$605,935.70<o:p></o:p></FONT></SPAN></P></TD></TR> <TR style="HEIGHT: 13.65pt; mso-yfti-irow: 4; mso-yfti-lastrow: yes"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 144.9pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 13.65pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=193> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: page; mso-element-left: 160.7pt; mso-element-top: 7.85pt; mso-height-rule: exactly"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>Engineer’s Estimate<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 85.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 13.65pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=114> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: page; mso-element-left: 160.7pt; mso-element-top: 7.85pt; mso-height-rule: exactly"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>$537,048.25<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 77.9pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 13.65pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=104> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: page; mso-element-left: 160.7pt; mso-element-top: 7.85pt; mso-height-rule: exactly"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>$23,016.00<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 71.15pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 13.65pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=95> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: page; mso-element-left: 160.7pt; mso-element-top: 7.85pt; mso-height-rule: exactly"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>$560,064.25<o:p></o:p></FONT></SPAN></P></TD></TR></TBODY></TABLE></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p>&nbsp;</o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p>&nbsp;</o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p>&nbsp;</o:p></SPAN></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p>&nbsp;</o:p></SPAN></P> <P> <P><BR>Jones moved to accept the low base bid of $553,702.05 from LRM Industries for Project No. 2008-6, overlay work on portions of Route 1061 and Route 260, and authorize the Public Works Director to approve change orders up to 5% of the base bid amount, excluding asphalt hot mix price increases due to increases in KDOT’s Asphalt Material Index, and authorizes the Public Works Director to make changes regarding AMI as needed. The money for the 1061 Eudora project, $140,000, will come from the CIP fund because of a deferral of reconstruction and the work on Route 460 will be paid from the Road and Bridge Fund. Motion was seconded by Johnson and carried 3-0. </P> <P><STRONG>PUBLIC WORKS 08-11-08</STRONG><BR>The Board considered the approval of an agreement with KDOT for underwater bridge inspections of the Kansas River bridges at Lecompton and Eudora. KDOT will have its consultant perform the inspections with federal funds paying 80% of the costs. Keith Browning, Director of Public Works, was present for the discussion. Douglas County will be responsible for 20% for an estimated total cost to Douglas County of $2,025. The purpose of the inspections is to assess any scour of prior foundations that may have occurred and to inspect the physical condition of piers below the waterline. </P> <P>Jones moved to approve the agreement with KDOT for conducting underwater inspections of the Kansas River bridges at Lecompton (GDCO Bridge No. 21.30-06.15; NBI 230240) and Eudora (DGCO Bridge No. 14.90-21.90; NBI 230090). Motion was seconded by McElhaney and carried 3-0.</P> <P><STRONG>PUBLIC WORKS 08-11-08</STRONG><BR>The Board considered approval of a cost sharing agreement with the City of Eudora for an impact study of the new I-70 interchange at Leavenworth County Route 1 on Route 1061 traffic in Eudora. Keith Browning, Director of Public Works, was present for the discussion. The study will also investigate potential routing alignments for existing and new road corridors in and near Eudora. BG Consultants has submitted a proposal to the City of Eudora with a not-to-exceed cost of $17,580. The City of Eudora wishes to share the costs of the study equally with Douglas County.</P> <P>After discussion, Johnson moved to approve sharing costs equally (not-to-exceed $8,790 each) with the City of Eudora for a study of the affects of the new I-70 (Kansas Turnpike) interchange at Leavenworth County Route 1 on Route 1061 in Eudora. Motion was seconded by Jones and carried 2-0. Commission McElhaney left during the discussion due to an illness.</P> <P><STRONG>MISCELLANEOUS &amp; MILEAGE REIMBURSEMENT 08-11-08</STRONG><BR>Johnson moved to approve an increase in mileage reimbursement as recommended by staff at a rate of $0.505 (50.5&#162;) effective August 15, 2008, and to make the mileage reimbursement an administrative decision thereon based on state mileage reimbursement increases. Motion was seconded by Jones and carried 2-0. </P> <P><STRONG>ZONING &amp; CODES 08-11-08<BR></STRONG>Jones moved to approve a Temporary Business Use Permit for Donna Wade Wingert beginning November 1 through December 15, 2008 for the operation of a Flea Market to allow the retail sale of dried fruit and nuts on her property located at 693 E 1250 Road. Motion was seconded by Johnson and carried 2-0.<BR>&nbsp;<BR><STRONG>ACCOUNTS PAYABLE 08-11-08<BR></STRONG>Jones moved to approve accounts payable wire transfers in the amounts of $11,170.25 paid on 07/30/08 and $731,246.00 to be paid on 08/11/08; accounts payable in the amounts of $1,041,270.36 paid on 07/21/08, $125,985.97 paid on 07/28/08, $359,338.33 paid on 08/04/08, and $550,042.67 to be paid on 08/11/08;and accounts payable manual checks in the amounts of $11.50 paid on 07/30/08, and$2,096.13 to be paid on 08/11/08. Motion was seconded by Johnson and carried 2-0.&nbsp; </P> <P>Jones moved to adjourn the meeting; Johnson seconded and the motion carried.&nbsp; </P> <P><BR>____________________________&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; ____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Vice Chair</P> <P>ATTEST:</P> <P>_____________________________&nbsp;&nbsp;&nbsp; &nbsp;____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Charles Jones, Member</P> <P>ATTEST:</P> <P>&nbsp;</P></P>

<P>Johnson called the regular session meeting to order at 6:35 p.m. on Wednesday, August 13, 2008 with all members present.&nbsp;&nbsp; </P> <P><STRONG>PLANNING 08-13-08</STRONG><BR>The Board considered the approval of CUP-05-02-08 for the Lone Star Lake Bison Ranch located at 588 N 300 Road, Overbrook. The application was submitted by Don &amp; Terri Gibbs, property owners of record. Mary Miller, Lawrence and Douglas County Metropolitan Planning Staff, presented the item. Miller stated the applicant intends to sell buffalo products that are raised on the property and limited sales of goods not produced on the property. This use is classified as a Farmer’s Market. The item was approved by the Planning Commission with on a 9-0 vote.</P> <P>Staff recommends approval of a Conditional Use Permit for a country store located at 588 N 300 Road, Overbrook Kansas and forwarding it to the County Commission with a recommendation of approval based upon the following finds of fact: </P> <P><STRONG>Zoning and uses of property nearby.</STRONG> The property is located on N 300 Rd (Hwy 56), approximately 3 miles south of Lone Star Lake. The property and the surrounding area are zoned for agricultural use. The subject property contains pastureland, a farm pond, a residence, barn, storage shed and the country store. Land use of nearby property is primarily agricultural with scattered rural residences. Commercially zoned property, B-2 (General Business) District, is located about 1/3 mile to the west of the subject property and contains rural residences and the Globe Store. South of the subject property is the Marvin Robertson estate which contains train cars from Mr. Robertson’s collection</P> <P><STRONG>Character of the area.</STRONG> This is a rural area with direct access to a major thoroughfare, Highway 56. The area contains agricultural land uses, scattered rural residences and a small amount of commercial development.</P> <P><STRONG>Suitability of subject property for the uses to which it has been restricted.</STRONG>&nbsp;&nbsp;A Conditional Use Permit (CUP) d&#160;s not change the base, underlying zoning. The suitability of the property for agricultural or rural residential use will not be altered. The 49 acre property is developed with a farm residence and farm outbuildings. The A District allows numerous uses, including agricultural uses and single-family dwellings. This property is suitable for the uses permitted in the A zoning district.</P> <P><STRONG>Length of time subject property has remained vacant as zoned.</STRONG> County Zoning Regulations were adopted in 1966; this property has been zoned “A (Agricultural)” since that adoption. The property is not vacant but contains a rural residence and farm buildings.</P> <P><STRONG>Extent to which removal of restrictions will detrimentally affect nearby property.</STRONG> There should be no negative impacts associated with the approval of this CUP.</P> <P><STRONG>Relative gain to the public health, safety and welfare by the destruction of the value of the petitioner’s property as compare to the hardship imposed upon the individual landowners.</STRONG> Approval of the CUP would serve to educate the general public to the farm life and develop an appreciation for the small family farms as well as provide an extra source of income for the farm owners. Denial of the CUP would require the farm owners to sell their products at wholesale and they would be redistributed through commercial outlets. This would remove the rural experience for the general public and possibly reduce the income possible for the farm owner.</P> <P><STRONG>Conformance with the comprehensive plan.</STRONG>&nbsp; Horizon 2020 d&#160;s not directly address the issuances of CUPs but d&#160;s recommend that agricultural uses which allow farmers to sell directly to the consumer be permitted in the rural areas of the county.</P> <P>AND subject to the following conditions:</P> <P>1) An ADA accessible parking space with signage and accessible ramp to the entrance will be provided by the property owner prior to the commencing of the use.<BR>2) If additional septic system capacity is deemed necessary by the Douglas County Health Department it will be provided by the property owner prior to the commencing of the use.<BR>3) Provision of a revised site plan with the following changes:<BR>&nbsp; a. The title changed from ‘Certificate of Survey’ to ‘Bison Ranch Country Store Site Plan’.<BR>&nbsp; b. Delineation of the area included within the CUP.<BR>&nbsp; c. The addition of the following notes:<BR>&nbsp;&nbsp; - The permit will be administratively reviewed by the County in 5 years (Calendar Year 2013).<BR>&nbsp;&nbsp; - The permit will expire at the end of 10 years (Calendar Year 2018), unless an application for renewal is approved&nbsp; by the local governing body.<BR>&nbsp;&nbsp; - Proposed use: operation of a country store/farmer’s market.</P> <P>After discussion, Johnson opened the item for public comment. No comment&nbsp;was received. </P> <P>McElhaney moved to approve CUP-05-02-08 for Lone Star Lake Bison Ranch with the above listed conditions as recommended by Staff. Motion was seconded by Jones and carried unanimously. </P> <P><STRONG>PLANNING 08-13-08</STRONG><BR>Consider approval of CUP-05-03-08, a Conditional Use Permit for Pyramid Place Early Education Center, located at 2295 N 1300 Road (near the intersection of N 1300 Road &amp; E 2300 Road). The application was submitted by Family of Faith</P> <P>Fellowship, property owner of record. The item was approved by the Planning Commission on a 9-0 vote. Mary Miller, Lawrence and Douglas County Metropolitan Planning Staff, presented the item.</P> <P>Staff recommends approval of a Conditional Use Permit for a childcare center within the Family of Faith Fellowship Church and forwarding it to the County Commission with a recommendation for approval, based upon the following findings of fact:</P> <P><STRONG>Zoning and uses of property nearby.</STRONG> The property is located in the southwest corner of the intersection of N 1300 and E 2300 Roads. The area and the surrounding area are zoned for agricultural use. A church is located on the subject property. Property nearby is agricultural with rural residences. Less than a mile to the west of the subject property is a one-lot subdivision, the Yellow Rose Addition which is zoned A-1 (Suburban Home) District but has not yet been developed. Directly south of this subdivision is property within the City of Eudora that is developed with urban residences.<BR>&nbsp;<BR><STRONG>Character of the area.</STRONG> This is a rural area with agricultural land uses and scattered rural residences in close proximity to urban development within the Eudora City Limits. Eudora City limits are within one mile of the subject property. The area is rural in nature but urban development is located nearby.</P> <P><STRONG>Suitability of subject property for the uses to which it has been restricted.</STRONG> A Conditional Use Permit (CUP) d&#160;s not change the base, underlying zoning. The suitability of the property for agricultural or rural residential use will not be altered. The 4.5 acre property was previously developed with a church. The A District allows numerous uses, including agricultural uses, single-family dwellings and churches. This property is suitable for the uses permitted in the A zoning district.</P> <P><STRONG>Length of time subject property has remained vacant as zoned.</STRONG> County Zoning Regulations were adopted in 1966; this property has been zoned “A (Agricultural)” since that adoption. The property is currently developed with a church. There is no other development on the property.</P> <P><STRONG>Extent to which removal of restrictions will detrimentally affect nearby property. </STRONG>The childcare center will be located within an existing structure. Exterior activities will take place to the south of the building, away from the nearby residences. Given the lack of public comment regarding the childcare center and the separation of the outside activity area from nearby residences there should be no negative public impact associated with the approval of this CUP.</P> <P><STRONG>Relative gain to the public health, safety and welfare by the destruction of the value of the petitioner’s property as compare to the hardship imposed upon the individual landowners.</STRONG> The approval of the CUP would allow the childcare center to co-locate within the church structure and would provide a convenient source of childcare for Eudora and area residents, which would benefit the public safety and welfare. Denial of the CUP would prevent the childcare center from being located in this location.</P> <P><STRONG>Conformance with the comprehensive plan.</STRONG>&nbsp; Horizon 2020 d&#160;s not directly address the issuances of CUPs but Chapter 10, Community Facilities d&#160;s identify the need for an expanded early childhood daycare to provide parents greater schedule and employment flexibility. Increased daycare and preschool services are encouraged for age one through kindergarten (page 10-3, Horizon 2020.) The proposed use is in conformance with the recommendation of Horizon 2020.</P> <P>AND subject to the following conditions:</P> <P>1) Prior to commencing the use, two hard-surfaced ADA accessible parking spaces shall be provided as shown on the plan, at grade or with ramps.<BR>2) Provision of a revised site plan with the following note added:<BR>“The CUP shall be effective only when the Health Department has approved the capacity of the septic system.”<BR>3) Prior to commencing the use, a copy of the State KDHE license shall be provided to the Planning Office for the file.</P> <P>The Board discussed condition No. 2 concerning the capacity of the septic system. Miller stated the owner has proposed water conserving toilets as opposed to a new septic system, but that would have to be approved by the Health Department. Also, the Zoning Office would have to complete a review and if the building was used for educational use, it would have to be brought up to code. Keith Dabney, Director of Zoning and Codes, was present for the discussion and stated there are several issues that will need to be addressed. </P> <P>Johnson opened the item for public comment. No comment was received. </P> <P>Johnson moved to approve the CUP-05-03-08 for Pyramid Place Early Education Center with the above listed conditions. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PLANNING 08-13-08</STRONG><BR>Consider approval of SP-05-35-08, a Site Plan for Family of Faith Fellowship Church, located at 2295 W 1300 Road. The application was submitted by Rachel Torkelson for the church, property owner of record. Mary Miller, Lawrence and Douglas County Metropolitan Planning Staff, presented the item. The property consists of 4.497 acres and is located approximately 1 mile south of Eudora in an area that is zoned A (Agricultural) District. Churches are permitted within this district. According to Staff, the property was developed with a church, but has not yet been site planned. A site plan was developed as part of a Conditional Use Permit application which was submitted to permit a pre-school to co-locate within the church. The purpose of the site plan is to document existing conditions. Staff recommends approval of the site plan subject to the following conditions of approval:</P> <P>1.&nbsp;Applicant will submit a revised site plan with the following changes; <BR>(a)&nbsp;Legal description and gross square footage added.<BR>(b)&nbsp;Number of stories and square footage of the church noted on the plan.<BR>(c)&nbsp;Following note added to the plan: ‘Use of site – church’<BR>(d)&nbsp;List the number of parking spaces, including ADA, which are required and the number that are provided.<BR>(e)&nbsp;If any exterior lighting is utilized on the site, please show its location and indicate its direction. List any methods which are used to prevent glare onto adjacent properties.</P> <P>Johnson moved to approve SP-05-35-08 a site plan for the existing Family of Faith Fellowship Church with the above-listed conditions. Motion was seconded by Jones and carried unanimously.&nbsp; <BR>&nbsp;<BR><STRONG>PUBLIC WORKS 08-13-08</STRONG><BR>The Board considered a petition to extend E 400 Road north of N1950 Road. Matt Gough, representing, Bob Treanor and neighboring property owners, submitted a petition to extend E 400 Road north from N 1950 Road to the southwest corner of his Treanor’s property for a distance of approximately 1/2 mile. The proposed extension would provide access to the South 1/2, SE 1/4, Section 5-12-18 and to the North 1/2, NE 1/4, Section 8-12-18. Both parcels are currently landlocked. </P> <P>Petitioner wishes to preserve the rock fences that exist within the proposed right-of-way, where possible. Gough stated LandPlan Engineering estimates the cost to build the road at $48,000. The property owner intends to absorb the cost of the road extension. Keith Browning, Director of Public Works, stated he estimates the cost closer to $68,000. Gough provided maintenance estimate costs for Lecompton Township at $1,515 per year. The hope is to generate enough tax revenue on new homes to cover the maintenance. Browning stated the normal standard right-of-way minimum requirement is 70 feet. If the rock fence fell within the right-of-way, the County would be responsible for the rock fences. Browning stated in this instance, design plans may be valuable in determining whether less right-of-way is needed, due to the fact that connectivity is not a factor and there will be no large developments planned for some time in this area. Gough suggested a document excluding the County from liability for the rock fence.</P> <P>Jones stated concerns with long cul-de-sacs creating problems for emergency vehicles to reach the residences. He feels the County should concentrate on existing infrastructure. He wants to avoid dead ends and cul-de-sacs, and d&#160;sn’t want to create sprawl. He feels a road extension or creation of new roads should be economically viable. He is not supportive of the extension. </P> <P>McElhaney stated he is in favor of the extension as long as all conditions are met. He stated this property will never be annexed, and there will not be additional infrastructure.</P> <P>Johnson prefers to not have the rock walls in the right-of-way and he is supportive&nbsp;of the road extension.<BR>&nbsp;<BR>The item was tabled for conditions of acceptance to be determined and approved&nbsp;by the Director of Public Works, and then for the item to be placed on the Consent Agenda for approval. It was determined a vote will show a 2-1 split with Jones&nbsp;in opposition. </P> <P>Jones moved to adjourn the meeting; Johnson seconded and the motion carried.&nbsp; </P> <P>&nbsp;</P> <P>____________________________&nbsp;&nbsp;&nbsp;&nbsp; ____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Vice Chair</P> <P>ATTEST:</P> <P>_____________________________&nbsp;&nbsp; ____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member<BR>&nbsp;&nbsp;&nbsp; </P> <P><BR>&nbsp;</P>

<P><BR>Johnson called the regular session meeting to order at 8:30 a.m. on Monday, August 18, 2008 with two members present. McElhaney arrived at 8:45 a.m.</P> <P>Jones moved approval of minutes for August 8 and August 11, 2008. Motion was seconded by Johnson and carried 2-0.&nbsp; </P> <P><STRONG>CONSENT AGENDA 08-18-08</STRONG><BR>Johnson moved approval of the following Consent Agenda:<BR>&nbsp; <BR>&#9658;&nbsp;Commission order No. 08-058 and 08-059 (on file with the office of the Clerk); and<BR>&#9658;&nbsp;Nunc Pro Tunc Order to correct to Holck-Johnson-McTaggart.Rural Water District No. 4 Land Attachment (approved by the BOCC at the September 19, 2007 Commission meeting). Corrected legal description for land attachment is as follows:</P> <P>(i) a parcel of land located in the northwest quarter of Section 27, Township 14 South, Rang 21 East&nbsp;&nbsp; of the 6th P.M., Douglas County, Kansas, more particularly described as follows:&nbsp; Commencing at the northwest corner of the northwest quarter; thence South 00&#176;13’24” East, 2409.52 feet to the point of beginning, said point being on the West line of the northwest quarter; thence North 89&#176;38’14” East 250.00 feet; thence South 00&#176;13’24” East 190.00; thence North 89&#176;38’14” East 1175.21 feet; thence North 00&#176;14’42” West, 1270.56 feet; thence North 89&#176;36’14” East 1225.51 feet, said point being on the East line of the northwest quarter; thence South 00&#176;09’07” East 1331.13 feet, said point being the southeast corner of the northwest quarter; thence South 89&#176;38’14” West 2648.58 feet, said point being the southwest corner of the northwest quarter; thence North 00&#176;13’24” West, 250.00 feet to the point of beginning, and being known as Parcel 3 as shown in Plat Survey record March 2, 2006, in book 1002, page 3712; (ii) North 20 acres of west half of southwest quarter of Section 27, Township 14 South, Range 21 East; (iii) Commencing at the southwest corner of southwest quarter of Section 27, Township 14 South, Range 21 East, thence North 00&#176;13’24” West 1330.24 feet to point of beginning, said point being on West line southwest quarter; thence continued along said West line North 00&#176;13’24” West 342.26 feet thence North 89&#176;38’14” East 1323.67 feet, said point being on East line West half of southwest quarter; thence along said East line South 00&#176;11’15” East 349.05 feet thence South 89&#176;55’52” West 1323.45 feet to point of beginning, containing 9.39 acres; (iv) Commencing at the northwest corner of the southwest quarter of Section 27, Township 14 South, Range 21 East, thence South 00&#176;13’24” East 657.97 feet to point of beginning on West line of southwest quarter; thence North 89&#176;38’14” East 1323.88 feet to East line of West half of southwest quarter thence along said East line South 00&#176;11’15” East 329.06 feet thence South 89&#176;38’14” West 1323.67 feet to West line of southwest quarter thence North 00&#176;13’24” West 329.06 feet to point of beginning, less public road right of way, containing 10 acres; (v) Beginning at a point 887.95 feet West of southeast corner of Section 28, Township 14 South, Range 21 East, thence West 470.6 feet thence North 2046 feet, extending 726 feet into North half said quarter section; thence East 470.6 feet thence South 2046 feet to point of beginning, containing 22.1 acres; (vi) East 887.95 feet of South half of southeast quarter of Section 28, Township 14 South, Range 21 East, containing 26.9 acres; (vii) East 15 acres of South 44 acres of North half of southeast quarter Section 28, Township 14 South, Range 21 East; (viii) Beginning at southwest corner of Section 27, Township 14 South, Range 21 East thence North 00&#176;13’24” West 660 feet, said point being on West line southwest quarter; thence North 89&#176;55’52” East 330 feet thence South 00&#176;13’24” East 660 feet, said point being on South line southwest quarter, thence South 89&#176;55’52” West 330 feet to point of beginning, containing 5 acres; (ix) East half of northeast quarter of Section 33, Township 14 South, Range 21 East, less: Begin at northeast corner of Northeast quarter of Section 33, Township 14 South, Range 21 East; thence West 25 rods; thence South 64 rods; thence East 25 rods; thence North 64 rods to beginning in Douglas County, Kansas, containing 10 acres, and (x) Commencing 32 rods South of the Northeast corner of the Northeast Quarter of Section 33, Township 14, Range 21, to the point of beginning, thence South 32 Rods, thence West 25 rods, thence North 32 rods, thence East 25 rods to point of beginning in Douglas County, Kansas.</P> <P>Motion was seconded by Jones and carried 2-0. </P> <P><STRONG>MISCELLANEOUS &amp; SEPTIC SYSTEMS 08-18-08<BR></STRONG>Richard Ziesenis, Director of Environmental Health, initiated a discussion with the Board on the licensing requirements for septic system installers in Douglas County. Also in attendance was Keith Dabney, Director of Zoning and Codes. Ziesenis stated each county has a different code regarding the license requirements. There is no county in the state that requires a septic installer be a licensed plumber. Douglas County requires the applicant pass a 30-minute written test to be come a licensed septic installer.&nbsp; </P> <P>Jones asked where the septic system begins. Ziesenis stated outside the building. Dabney would be responsible for the inspection of everything inside the building, and the health department would be responsible for everything outside the building. Johnson asked if a licensed plumber is also required have a septic system installer license. Ziesenis confirmed yes, that is correct. Dabney also discussed that requiring a licensed plumber to install septic systems would increase expenses for the property owners. </P> <P>Johnson opened the item for public comment.</P> <P>Mike Capra, Vito’s Plumbing, stated as a licensed plumber he feels any type of installation or repairs to septic systems should be performed by a licensed plumber, and any installation or repairs should require a permit. </P> <P>It was the consensus of the Board that the current requirements are acceptable and the Board would be willing to follow any new requirements imposed by the State. </P> <P><STRONG>ADMINISTRATIVE SERVICES &amp; RETIREMENT 08-18-08</STRONG><BR>The Board considered the approval of a Retirement Incentive Plan as discussed during budget sessions. Pam Madl, Assistant County Administrator, presented and outline for approval. </P> <P>The Retirement Incentive Plan was designed to reduce the personnel budget by providing employees, who are vested in their retirement plan, the incentive of five years of health insurance at the employee premium rate if they leave by December 31, 2008. This offer applies to employees who are on the Douglas County payroll, but not in grant funded positions. The deadline for acceptance of this plan is 5:00 p.m. on September 15, 2008, and the employee’s decision is binding at that time.&nbsp;If approved, an announcement of the plan will be sent to all employees. </P> <P>Johnson opened the item for public comment. No comment was received.</P> <P>After discussion, Jones moved to authorize the issuance of a one-time Retirement Incentive Plan. Motion was seconded by McElhaney and carried 3-0.</P> <P><STRONG>ACCOUNTS PAYABLE 08-18-08</STRONG><BR>Jones moved to approve accounts payable in the amount of $445,003.99 to be paid on 08/18/08. Motion was seconded by McElhaney and carried unanimously. <BR>&nbsp;<BR>Johnson moved to adjourn the meeting; Jones seconded and the motion carried.&nbsp; </P> <P>&nbsp;</P> <P><BR>____________________________&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; ____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Jere McElhaney, Vice Chair</P> <P>ATTEST:</P> <P>_____________________________&nbsp;&nbsp; ____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member<BR>&nbsp;&nbsp;&nbsp; </P>

<P><BR>Johnson called the regular session meeting to order at 6:35 p.m. on Wednesday, September 3, 2008 with two members present. McElhaney was absent.</P> <P>Johnson moved approval of the minutes for August 20 (as amended) and August 25, 2008. Motion was seconded by Jones and carried 2-0.</P> <P><STRONG>CONSENT AGENDA 09-03-08</STRONG><BR>Johnson moved approval of the following Consent Agenda:<BR>&nbsp; <BR>&nbsp;&#9658;&nbsp;Commission order Nos. 08-060 and 08-061 (on file with the office of&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; the Clerk);&nbsp; <BR>&#9658;&nbsp;&nbsp; FY2009 Carryover Reimbursement Plan Budget Summary and Budget Narrative for the Douglas County Community Corrections agency; and<BR>&#9658;&nbsp;&nbsp; Commitment Letter on the Lawrence/Douglas County Life Sciences Incubator Spec Building in the amount of $75,000 annually for a 10-year period.</P> <P>The motion was seconded by Jones and carried 2-0. </P> <P><STRONG>PLANNING &amp; TEXT AMENDMENTS 09-03-08</STRONG><BR>The Board considered TA-06-13-08, an amendment to Article 18, of the County Zoning Regulations, to revise the minimum lot area requirements. The amendment proposed two revisions: 1) a reduction in the minimum area requirements and the replacement of the words ‘takes access from’ for the word ‘fronted’ in the footnotes of Table 18. The item was initiated by the County Commission on May 7, 2008.&nbsp; Mary Miller, Lawrence and Douglas County Metropolitan Planning Staff, presented the amendment. </P> <P>Johnson moved to approve item TA-06-13-08 as recommended by the Planning Commission, to amend the table in Section 18 to reduce the minimum lot area requirements.&nbsp; Motion was seconded by Jones and carried 2-0. </P> <P><STRONG>PLANNING &amp; TEXT AMENDMENTS 09-03-08</STRONG><BR>The Board considered TA-05-08-08, amendments to Chapter 20, Article 8 of the Lawrence City Code and Chapter XI of Douglas County Code (Subdivision Regulations) that define “Easement, Cross Access”, clarify the process for creating such easements, and provide minimum construction standards for access drives within such easements.&nbsp; The item was initiated by the County Commission on April 14, 2008. J&#160; Rexwinkle, Lawrence and Douglas County Metropolitan Planning Staff, presented the amendment. </P> <P>Johnson moved to approve item TA-05-08-08, amendments to Chapter 20, Article 8 of the Lawrence City Code and Chapter XI of the Douglas County Code (Subdivision Regulations). Motion was seconded by Jones and carried 2-0. <BR>&nbsp;<BR><STRONG>PLANNING &amp; TEXT AMENDMENTS&nbsp; 09-03-08</STRONG><BR>The Board considered TA-05-09-08, amendments to Chapter 20, Article 8 of the Lawrence City Code and Chapter XI of Douglas County Code (Subdivision Regulations) that require the submittal of a certificate that all taxes or special assessments due and payable for properties included in Certificates of Survey or Minor Subdivision requests have been paid. The item was initiated by the County Commission on April 14, 2008. J&#160; Rexwinkle, Lawrence and Douglas County Metropolitan Planning Staff, presented the amendment.</P> <P>Johnson moved to approve item TA-05-09-08, Text Amendment to Chapter 20, Article 8 of the Lawrence City Code and Chapter XI of the Douglas County Code (Subdivision Regulations). Motion was seconded by Jones and carried 2-0. <BR>&nbsp;<BR><STRONG>PLANNING &amp; TEXT AMENDMENTS&nbsp; 09-03-08</STRONG><BR>The Board considered TA-06-10-08, an amendment to Section 20-806(d)(1), of the Subdivision Regulations, to clarify the number of Residential Development Parcels (RDPs) that may be created based on the classification of the bounding roads. The item was initiated by the County Commission on June 23, 2008. Mary Miller, Lawrence and Douglas County Metropolitan Planning Staff, presented the amendment.</P> <P>Johnson moved to approve item TA-06-10-08, revisions to Section 20-806(d)(1) of the Subdivision Regulations. Motion was seconded by Jones and carried 2-0. </P> <P><STRONG>PLANNING &amp; TEXT AMENDMENTS&nbsp; 09-03-08</STRONG><BR>The Board considered TA-12-26-07, amendments to Section 20-806(b)(3), 20-806(c)(1), and 20-806(d), of the County Zoning Regulations, to clarify that a parent parcel may be divided to create one (1) residential development parcel, and is not required to create 2 or 3. The item was initiated by the Planning Commission on November, 26 2007. Mary Miller, Lawrence and Douglas County Metropolitan Planning Staff, presented the amendment.</P> <P>Johnson moved to approve item TA-12-26-07, revisions to Sections 20-806(b)(3), 20-806(c)(1), and 20-806(d) of the Subdivision Regulations. Motion was seconded by Jones and carried 2-0. </P> <P><STRONG>PLANNING &amp; TEXT AMENDMENTS&nbsp; 09-03-08</STRONG><BR>The Board considered TA-06-11-08, amendments to Section 20-804, 805 and 806 to include a requirement that RDPs must comply with the lot requirements in Article 18, of the County Zoning Regulations. The item was initiated by the County Commission on June 23, 2008. Mary Miller, Lawrence and Douglas County Metropolitan Planning Staff, presented the amendment.</P> <P>Jones moved to approve item TA-06-11-08, requiring that RDPs comply with lot dimensional requirements in Article 18 of the County Zoning Regulations. Motion was seconded by Johnson and carried 2-0.</P> <P><STRONG>PLANNING &amp; TEXT AMENDMENTS&nbsp; 09-03-08</STRONG><BR>The Board considered TA-05-06-08, amendments to Article 19, of the County Zoning Regulations, to add a new use for ‘value-added agricultural business.’ The item was initiated by the County Commission on April 14, 2008. J&#160; Rexwinkle, Lawrence and Douglas County Metropolitan Planning Staff, presented the amendment.</P> <P>Johnson expressed interest in having Development Standard 3 refer to gross vehicle weight, “gvw”, in addition to the tonnage amount, as he felt this would make the standard easier to enforce. There was brief discussion on the merits of using ‘gvw’ alone or in conjunction with ‘5 tons’ in the regulations. It was determined that using the two terms in conjunction with each other would provide greater clarity in the regulations. </P> <P>Johnson moved to approve item TA-05-06-08, Text Amendment to Chapter XI, Article 19 of the Douglas County Code (Zoning Code) with the following language recommended by the Planning Commission on July 23, 2008, and with the addition of the reference to gross vehicle weight in Development Standard 3:35. Value-added Agricultural Business. A business that economically adds value to an agricultural product as a result of a change in the physical state of an agricultural commodity that is not produced on the site, by manufacturing value-added products for end users instead of producing only raw commodities. Value-added products may include: </P> <P>1. A change in the physical state or form of the product (such as milling wheat into flour or making strawberries into jam). <BR>2. The physical segregation of an agricultural commodity or product in a manner that results in the enhancement of the value of that commodity or product (such as an identity preserved marketing system). </P> <P>Agricultural value-added businesses shall meet each of the following location and development standards: <BR>1. Employees: A maximum of 4 full-time equivalent employees shall be allowed. <BR>2. Buildings or Structures: The total square footage for all buildings used in the operation, production, and storage of materials shall not exceed 10,000 sq feet.&nbsp; Structures are required to be upgraded to meet commercial building code requirements if used for more than storage of raw agricultural materials. <BR>3. Deliveries to/from the site: Commercial vehicles that exceed 5 tons (gvw) in capacity shall be limited to two trips (to and from the site) per day. <BR>4. Environmental considerations: No part of the production of the value-added product may result in dispersal of smoke or particulate matter emissions that exceeds federal EPA standards. <BR>5. Equipment: All equipment used in the production of the value-added product shall be located wholly within a building or structure, or be screened from public rights-of-way and adjacent residential buildings. In either case, the associated noise, light and vibrations from the production operation shall not be perceptible at the site boundary/ property lines. <BR>6. Storage of products: Shall be enclosed within a building or structure so that it is not visible from the site boundary/property lines. <BR>7. Minimum Site Area: A minimum site area is consistent with the County adopted policy for agricultural uses. <BR>8. Road Access and Frontage: The site must have direct access to a full maintenance public road, as defined in Chapter XI, Subdivision Regulations, Douglas County Code, and the site shall meet the minimum frontage requirements in accordance with the Access Management Regulations. <BR>9. Signage: One sign, limited to no more than 6 square feet in area, shall be visible from a public road, identifying the business. The sign shall be located no closer than 10 feet from the road easement/right-of-way line. No other signs may be posted or erected on the property. </P> <P>&nbsp;Motion was seconded by Jones and carried 2-0. </P> <P><STRONG>PLANNING &amp; TEXT AMENDMENTS&nbsp; 09-03-08</STRONG><BR>The Board considered TA-05-07-08, amendments to Article 19, of the County Zoning Regulations, to correct a formatting error by creating sections 19-2 and 19-3 (not in existence) and by revising 19-1.06 to add compliance with all applicable state and federal laws to the application process. This also includes an addition of the compliance issue to what the County Commission can consider in a review or revocation of a CUP under 19-3. The item was initiated by the County Commission on April 16, 2008. J&#160; Rexwinkle, Lawrence and Douglas County Metropolitan Planning Staff, presented the amendment.</P> <P>Johnson moved to approve item TA-05-07-08 to Chapter XI, Article 19 of the Douglas County Code (Zoning Regulations) as proposed by the Planning Commission. Motion was seconded by Jones and carried 2-0. </P> <P><STRONG>PLANNING &amp; TEXT AMENDMENTS&nbsp; 09-03-08</STRONG><BR>The Board considered TA-05-04-08, a revision to Article 20 in the County Zoning Regulations for the Unincorporated Territory of Douglas County, to allow the creation of a non-conforming structure through the dedication of additional permanent easements for road right-of-way. Mary Miller, Lawrence and Douglas County Metropolitan Planning Staff, presented the amendment. Miller also revised the following wording: reference to Section 20-2(b)(5) under Section 20-4 (b) was corrected to read Section 20-2 (c). </P> <P>Johnson moved to approve item TA-05-04-08, to revise the language in Section 20-2 and 20-4 regarding the impact of dedication of additional permanent easement for road right-of-way. Motion was seconded by Jones and carried 2-0. </P> <P>&nbsp;<STRONG>PLANNING &amp; TEXT AMENDMENTS&nbsp; 09-03-08</STRONG><BR>The Board considered TA-05-05-08, a revision to the table in Article 18 of the County Zoning Regulations to provide a footnote to lot/parcel width at road frontage,&nbsp;permitting a County Engineer approved waiver based on the execution of an access restriction agreement. The item was initiated by the County Commission on April 14, 2008.&nbsp; Mary Miller, Lawrence and Douglas County Metropolitan Planning Staff, presented the amendment.</P> <P>Johnson moved to approve item TA-05-08-08, to revise the table in Section 18 to indicate that the County Engineer may waive the minimum frontage requirements and enter into access restriction agreements.&nbsp; Motion was seconded by Jones and carried 2-0. </P> <P>Johnson moved to adjourn the meeting; Jones seconded and the motion carried.&nbsp; </P> <P>&nbsp;</P> <P><BR>____________________________&nbsp; ____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;&nbsp;&nbsp; <BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp; <BR>&nbsp;&nbsp;&nbsp; </P> <P>&nbsp;</P> <P><BR>&nbsp;</P>

<P><BR>Johnson called the regular session meeting to order at 8:30 a.m. on Monday, September 8, 2008 with all members present.&nbsp;&nbsp; </P> <P><STRONG>PROCLAMATION 09-08-08<BR></STRONG>Johnson, read a proclamation proclaiming September 8, 2008 as “International Literacy Day” as proposed by Betty Parks, Altrusa Service&nbsp; Committee. Johnson moved approval of the Proclamation read; Jones seconded and the motion carried unanimously.<BR><STRONG>&nbsp;<BR>PROCLAMATION 09-08-08<BR></STRONG>Jones, read a proclamation proclaiming September 7-13, 2008 as “Suicide Prevention Week” as proposed by Marcia Epstein, Headquarters Counseling Center. Jones moved approval of the Proclamation read; Johnson seconded and the motion carried unanimously.<BR>&nbsp; <BR><STRONG>PROCLAMATION 09-08-08</STRONG><BR>Teri Smith, Director of Emergency Management, read a proclamation proclaiming September 2008 as “National Preparedness Month.” Johnson moved approval of the Proclamation read; McElhaney seconded and the motion carried unanimously.</P> <P><STRONG>CONSENT AGENDA 09-08-08<BR></STRONG>Johnson moved approval of the following Consent Agenda:</P> <P>&#9658; Awarding of contract for Document Preservation (Microfilming) Services to Microfilm &amp; Imaging of Kansas City. Volume discounts between 2.5 – 10 percent would apply once the monthly volume reaches 101,001 images.<BR>&#9658; Joint Resolution, City Resolution No. 6798/County Resolution No. 08-37 endorsing new statewide Comprehensive Transportation Program.</P> <P>Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PLANNING 09-08-08 <BR></STRONG>Scott McCullough, Director, Lawrence and Douglas County Metropolitan Planning Department, updated the Board on recently completed long-range planning work projects, those in process and those scheduled for initiation for future programs.</P> <P>The Board discussed the need for the City to complete a cost study for Farmland, the Airport, the SLT and the Farmer’s Turnpike, which would include build-costs so the governing bodies can set priorities. McCullough stated the Planning Department has not been involved in that assessment. The economic development coordinator has been working on that information. Jones directed the County Administrator to follow-up with the City’s economic development coordinator on when that information would be available. </P> <P>McElhaney stated there is an urgency to complete the cost study so the Board can make informed decisions and move forward as to make a smooth transition for the new commission. </P> <P>Jones stated he would like to see the comprehensive update of the County Zoning Regulations, in regards to industrial development, completed by the end of the year. <BR>&nbsp;<BR>Johnson commented he would like to remind the governing bodies that industrial growth is built around highway, rail and air. We cannot change the basic lines of infrastructure but must recognize those areas control economic development. Land needs to be reserved for future growth. </P> <P>No further action was taken.</P> <P><STRONG>ISSUES REPORT 09-08-08</STRONG><BR>Craig Weinaug, County Administrator, discussed updates to the Issues Report with the Board deleting projects that have been completed.</P> <P><STRONG>ACCOUNTS PAYABLE 09-08-08</STRONG><BR>Jones moved to approve accounts payable amounts of $421,301.73 paid on 09/02/08, and $$1,010,986.40 paid on 09/08/08; payroll in the amounts of $787,234.98 paid on 07/17/08, $752,963.86 paid on 07/30/08, $764,948.37 paid on 08/14/08, $400 paid on 08/22/08, $20,006.86 paid on 08/22/08, and $734,236.53 paid on 08/28/08; FICA in the amounts of $57,977.27 paid on 07/18/08, $55,369.75 paid on 08/01/08, $56,291.59 paid on 08/15/08, and $56,331.55 paid on 08/29/08; and KPERS in the amounts of $69,799.86 paid on $07/18/08, $64,621.01 paid on 08/01/08, $66,396.86 paid on 08/15/08, and $63,447.23 paid on 09/29/08. Motion was seconded by McElhaney and carried unanimously.&nbsp;&nbsp; </P> <P><STRONG>MISCELLANEOUS 09-08-08</STRONG><BR>The Board directed staff to place a discussion session on the agenda regarding build out plans and the expenses incurred in relation to County requirements.&nbsp; </P> <P>Jones moved to adjourn the meeting; McElhaney seconded and the motion carried.&nbsp; </P> <P>&nbsp;</P> <P>____________________________&nbsp;&nbsp;&nbsp; ____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Vice Chair</P> <P>ATTEST:</P> <P>_____________________________&nbsp;&nbsp; ____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member<BR>&nbsp;&nbsp;&nbsp; </P> <P>&nbsp;</P> <P>&nbsp;</P>

<P><BR>Johnson called the regular session meeting to order at 8:30 a.m. on Monday, September 15, 2008 with all members present.&nbsp; </P> <P>Johnson moved approval of the minutes for September 3, 2008. Motion was seconded by Jones and carried unanimously.&nbsp; </P> <P><STRONG>CONSENT AGENDA 09-15-08</STRONG><BR>Jones moved approval of the following Consent Agenda:<BR>&nbsp; <BR>&#9658;&nbsp;Commission order Nos. 08-062 and 08-063 (file with the office of the Clerk)</P> <P>Motion was seconded by McElhaney and carried unanimously.&nbsp; </P> <P><STRONG>PUBLIC WORKS 09-15-08</STRONG>&nbsp;&nbsp; <BR>The Board considered the approval of a Partnership Agreement with KDOT and other Douglas County and Johnson County local governments and Metropolitan Planning Organizations (MPO’s) for a US-56 Corridor Management Study from US-56 in Douglas County to I-35 in Gardner. Keith Browning, Director of Public Works, was present for the discussion. The purpose of the study is to prepare a Corridor Management Plan that will serve as framework for future potential highway enhancements, identify and preserve right-of-way that may be necessary to accommodate any projected enhancements, describe and identify access management objectives for the transportation corridor, and promote effective inter-connectivity of the local street/road network with the highway. </P> <P>Jones asked for Browning to clarify whether or not approving the study would commit the County to make improvements. Browning stated there is no obligation, we are only agreeing to partner on the study.&nbsp; </P> <P>Johnson opened the item for public comment. No comments were received. </P> <P>Johnson moved to approve a Partnership Agreement with KDOT and other Douglas County and Johnson County local governments and MPO’s for a US-56 Corridor Management Study. Motion was seconded by McElhaney and carried unanimously. </P> <P><STRONG>PLANNING 09-15-08</STRONG><BR>The Board considered the approval of CUP-06-04-08, a Conditional Use Permit for Penny’s Concrete, located at 1752 N 1500 Road. The application was submitted by Penny’s Concrete, for Schaake Farms Inc. and Larry C. Schaake, property owners of record. The CUP is a new permit for a dredging operation taking sand and gravel from the Kansas River. The applicant’s prior CUP for the same location has expired. Paul Patterson, Lawrence and Douglas County Metropolitan Planning Staff, was present for the discussion. Staff recommends approval of the CUP for Kaw Sand/The Master’s Dredging Company/Penny’s Concrete and forwarding to the County Commission with a recommendation for approval, based upon the following findings of fact:<BR>Zoning and uses of property nearby. VC (Valley Channel) Zoning District to the east, west and south; agriculture and river bank areas. The Kansas River is adjacent to the north.</P> <P>Character of the area. The character of the area is rural, agricultural with a long running sand/gravel dredging operation located to the north-east.</P> <P>Suitability of subject property for the uses to which it has been restricted.<BR>The property is suitable for the uses to which it has been restricted.</P> <P>Length of time subject property has remained vacant as zoned. The subject property has previously been available and used for agricultural related uses since at least 1966, when the County adopted Zoning Regulations. The property has two prior CUP’s [CUP-01-03-91] &amp; [CUP-03-03-01] for the sand/gravel dredging operation which were never implemented due to need for Corps of Engineer’s permit. The property is currently used for the production of corn.</P> <P>Extend to which removal restrictions will detrimentally affect nearby property. The proposed land use should not detrimentally affect nearby property.</P> <P>Relative gain to the public health, safety and welfare by the destruction of the value of the petitioner’s property as compared to the hardship imposed upon the individual landowners. Approval of the dredging operation may benefit the community in that production at this location will provide a convenient and economical source of sand and gravel. Denial of the operation would not allow for the dredging of sand and gravel from the Kansas River at this location and would require the obtaining of such material from a different location/source.</P> <P>Conformance with the comprehensive plan. The request is in conformance with the Comprehensive Plan. The sand/gravel operation can be a long term use of the property with reclamation of the land when the operation ceases, a restriction placed on the Conditional Use Permit.&nbsp; When the CUP has expired the land will be suitable for agricultural uses as much of the land will have been undisturbed. </P> <P>AND subject to the following conditions of approval:</P> <P>1.&nbsp;The CUP permit for the sand/gravel dredging operation [CUP-06-04-08] is valid to December 31, 2012.</P> <P>2.&nbsp;Upon applicant’s request in the Fall of 2012 for an administrative review by the Douglas County Zoning Administrator, the CUP Permit [CUP-06-04-08] may be administratively extended by the Douglas County Zoning Administrator for up to six years (a consecutive maximum six year period starting on December 31, 2012 and ending no later than December 31, 2018) providing that the applicant maintains a valid Corps of Engineers’ Permit for the sand/gravel dredging operation. Sand/gravel dredging operation beyond an extension by the County Zoning Administrator would require the applicant obtaining a new CUP permit.</P> <P>3.&nbsp;The applicant shall obtain an approved County Flood Plain Development Permit from the Douglas County Zoning Administrator prior to the installation of the proposed dredging operation improvements. </P> <P>4.&nbsp;The following general notes shall be added to the face of the Site Plan: <BR>a.&nbsp;Per Article 19-5(b), as it deals with cessation of operations or reclamation planning “All excavated materials will be returned to a level no higher than the elevation of surrounding land, and that proper drainage is provided.” <BR>b.&nbsp;Note on plan for lighting, “Lighting on the site be restricted to operational lighting as required by Mine Safety Health Administration and lighting for the dredge (marine) equipment as per requirements of the United States Coast Guard.”</P> <P>5.&nbsp;Provide the following minor modifications to the Site Plan: <BR>a.&nbsp;Include the Register of Deed’s recorded book and page number for the access road agreement. <BR>b.&nbsp;Update the Legal Description. <BR>c.&nbsp;Remove the ‘Phase 1’ label as it is no longer a part of the plan.</P> <P>6.&nbsp;The sand/gravel stockpiles are restricted to the west side of a north/south line located 500’ west of the Lauber’s property (an adjoining property owner to the east). Note: Condition No. 6 added by Planning Commission 08/27/08.</P> <P>Jones stated in the past this item was controversial. He questioned what type of notification was given to the surrounding property owners.&nbsp; Patterson confirmed that letters were sent to neighbors within 1,000 feet of the property, the information was posted on the City’s website and there was information published in the local paper. </P> <P>Johnson asked if the applicants are agreeable to the conditions of approval. Patterson stated they are. </P> <P>Johnson opened the item for public comment. No comment was received. </P> <P>It was the consensus of the Board to table the item, because of its controversial history, and to place it on the Consent Agenda for the Wednesday, September 17, 2008 meeting. The item will be pulled from consent if there is public comment.</P> <P><STRONG>PLANNING 09-15-08</STRONG><BR>The Board considered the approval of SP-08-71-08, a site plan for a new storage building and additional parking space for McFarlane Aviation, located at 696 East 1700 Road. The application was submitted by David and Phylis McFarlane, property owners of record. Paul Patterson, Lawrence and Douglas County Metropolitan Planning Staff, was present for the discussion. Staff recommends approval of the proposed site plan subject to the following conditions: </P> <P>1.&nbsp;Provide the following note on the face of the site plan:<BR>a.&nbsp; “This site plan is subject to a determination from the State Historic Preservation Office that the proposed construction ‘would not encroach upon, damage or destroy the environs of the Vinland Grange Hall’.”<BR>2.&nbsp;Provide an agreement with KCPL for the location of a small portion of the building over the 20’ KCPL easement or relocate the proposed storage building off of the 20’ KCPL easement.<BR>&nbsp; <BR>Johnson opened the item for public comment. No comment was received.<BR>&nbsp;<BR>Jones moved to approve site plan SP-08-71-08 with the above listed conditions. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>ZONING &amp; RESOLUTION 09-15-08<BR></STRONG>The Board considered the approval of Resolution 08-38, amending the Zoning Regulations, Chapter XII, Article 18, to revise the minimum lot/parcel area requirements in the A and A-1 Districts and to add a footnote to Table 18 that provides a waiver from meeting the minimum lot/parcel width requirement when an Access Restriction Agreement has been approved by the County Engineer. The BOCC approved text amendments TA-05-05-08 and TA-06-13-08 at the September 3, 2008. Linda Finger, Planning Resource Coordinator, presented the item.&nbsp;&nbsp; </P> <P>Jones moved to approve Resolution 08-38 amending the Douglas County Zoning Regulations, Chapter XII, Article 18 Height, Area and Bulk Requirements to add a footnote to the minim lot/parcel width at road right-of-way requirements and to amend the minimum lot/parcel area requirements for the A (Agricultural) and A-1 (Suburban Home Residential) Districts. Motion was seconded by McElhaney and carried unanimously. <BR>&nbsp;<BR><STRONG>ZONING &amp; RESOLUTION 09-15-08</STRONG><BR>The Board considered the approval of Resolution 08-39, amending the Zoning Regulations, Chapter XII, Article 19, to add a new conditional use for Value-Added Agricultural Business and to reformat the existing Article by creating sections 19-2 Time Limitations and 19-3 Amending or Revocating a Conditional Use Permit. The BOCC approved text amendmentsTA-05-06-08 and TA-05-07-08 at the September 3, 2008. Linda Finger, Planning Resource Coordinator, presented the item.&nbsp; </P> <P>Jones moved to approve Resolution 08-39, amending the Douglas County Zoning Regulations, Chapter XII, Article 19 Supplemental Use Regulations – Conditional Uses – Temporary Uses to: Add a new use of Value Added Agriculture; identify&nbsp;&nbsp;&nbsp;&nbsp; the applicability of State and Federal Regulations; and to reformat existing text to create separate subsections for time limitations and the amendment or revocation process for a Condition Use Permit. Motion was seconded by McElhaney and carried unanimously. </P> <P><STRONG>ZONING &amp; RESOLUTIONS 09-15-08</STRONG><BR>The Board considered the approval of Resolution 08-40, amending the Zoning Regulations, Chapter XII, Article 20, to permit the creation of a non-conforming building or structure when additional road right-of-way or easement is dedicated or acquired for a public road purpose. The BOCC approved text amendment TA-05-04-08 at the September 3, 2008 meeting. Linda Finger, Planning Resource Coordinator, presented the item.&nbsp;&nbsp; </P> <P>Jones moved approval of Resolution 08-40, amending the Douglas County Zoning Regulations, Chapter XII, Article 20 non-conforming uses to allow the lawful use of a building or structure made non-conforming though adoption of amendments to article 18 Height, Area and Bulk requirements or through dedication of additional easement for road right-of-way when required in the Subdivision Regulations. Motion was seconded by McElhaney and carried unanimously. </P> <P><STRONG>CLERK &amp; TREASURER UPDATE 09-15-08</STRONG><BR>Jamie Shew, Douglas County Clerk, provided the Board with a progress report on the Government Finance Officer’s Association (GFOA) findings regarding a more efficient process of managing the financial data of the County. Also present for the discussion were the following Project Team members: Paula Gilchrist, Douglas County Treasurer; Jim Lawson, Director of Information Technology Department; Marni Penrod, Deputy Clerk and Project Manager; Debbie Sparkes, Budgeting Director; Jackie Waggoner, Purchasing Director; and Pam Madl, Assistant County Administrator. Douglas County, in conjunction with GFOA, recently completed a Needs Assessment (Phase I) of our financial systems. That assessment found issues concerning the ability to efficiently utilize our current application into the future. It was therefore determined that a replacement system is the best option. Phase II will include a Request for Proposal (RFP) for a new solution. Phase III will focus on the vendor selection process. </P> <P>The Project Team is asking that the Board extend our contract with GFOA to include RFP evaluation and negotiating a contract with our selected vendor. GFOA has extensive experience working with local governments and assisting over 250 clients with the selection and procurement of financial systems. The cost to extend GFOA’s contract is $41,775. </P> <P>Madl stated using GFOA as a consultant will insure we get the system we need. </P> <P>Jones asked what would be the cost of a new system. Madl responded the amount could be between $800,000 to 1 million if the entire system was purchased. However, the County would purchase two or three modules at a time because we can only implement two or three at a time.</P> <P>It was the consensus of the Board that the economics is an issue, however, the Board is supportive of moving forward in the process. </P> <P>Jones moved to authorize the County to extend GFOA’s contract for services in Phase III and Phase IV in the amount of $41,775. Motion was seconded by Johnson and carried unanimously. </P> <P><STRONG>ACCOUNTS PAYABLE 09-15-08</STRONG><BR>Jones moved to approve accounts payable in the amount of $247,585.37 to be paid on 09/15/08. Motion was seconded by McElhaney and carried unanimously. </P> <P><STRONG>APPOINTMENTS 09-15-08</STRONG><BR>Johnson moved to approve the following appointments to the Lawrence &amp; Douglas County - Advocacy Council on Aging (LDC-ACA) for a three-year term to expire 12/31/11: Forrest Swall, Maria Vincent, Holly Hulburt, and Isla Richards, all of Lawrence, Kansas. Motion was seconded by Jones and carried unanimously. </P> <P>Johnson moved to adjourn the meeting; Jones seconded and the motion carried.&nbsp; </P> <P>&nbsp;</P> <P><BR>____________________________&nbsp;&nbsp;&nbsp;&nbsp; ____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Jere McElhaney, Vice Chair</P> <P>ATTEST:</P> <P>_____________________________&nbsp;&nbsp; ____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Charles Jones, Member<BR>&nbsp;&nbsp;&nbsp; </P> <P>&nbsp;</P> <P>&nbsp;</P> <P>&nbsp;</P>

<P><BR>Johnson called the regular session meeting to order at 6:35 p.m. on Wednesday, September 17, 2008 with all members present.&nbsp; </P> <P>Items b and c were pulled from the Consent Agenda.<BR>&nbsp;<BR><STRONG>PUBLIC WORKS 09-17-08</STRONG><BR>The Board considered the approval of an Engineering Services Agreement for the expanded study of 31st Street from O'Connell Road to Route 1057. Keith Browning, Director of Public Works, was present for the discussion.&nbsp; </P> <P>Jones stated his main concern is to insure cooperation among all parties involved. He asked if the City Commission is displaying a spirit of working together on the project. Craig Weinaug, County Administrator, stated he is confident the City Commission will agree to the commitment.<BR>&nbsp;<BR>Jones moved to approve the Engineering Services Agreement with Wilson &amp; Co. Engineers &amp; Architects for the expanded alignment study of 31st Street from O’Connell Road (E 1600 Road) to Route 1057 (E 1900 Road). Motion was seconded by McElhaney and carried unanimously. <BR>&nbsp;<BR><STRONG>PLANNING 09-17-08</STRONG><BR>The Board considered the approval of CUP-06-04-08, a Conditional Use Permit for Kaw Sand/Penny’s Concrete Dredging, tabled from the September 15, 2008 meeting. The property is located at 1752 N 1500 Road. The application was submitted by Penny’s Concrete, for Schaake Farms Inc. and Larry C. Schaake, property owners of record. Paul Patterson, Lawrence &amp; Douglas County Metropolitan Planning Staff, was present for the discussion. </P> <P>Johnson opened the item for public comment.&nbsp; </P> <P>Laura Calwell, representative for Friends of the Kaw, stated her mission is to protect and preserve the Kansas River for future generations. She provided photos taken along the Kaw River showing pieces of concrete lying along the river bank. She stated she would like to see the CUP have a two year limit to allow the dredgers to relocate their business.</P> <P>Jones asked David Hoover, President of Penny’s Sand, if he recognized the area shown in the photos as his property. Hoover replied he could not determine that from the photo. Hoover went on to explain the many reasons for the erosion of the river banks and the stabilization process. The concrete may have been originally placed somewhere else and was moved due to flooding or other means. Jones asked Mrs. Calwell if she has any evidence that Penny Concrete is working illegally, because there have been no violations. Calwell replied she d&#160;s not. </P> <P>Joanne Bergman, Friends of the Kaw, read a letter from the Kansas Wildlife Organization asking for a denial of the CUP. </P> <P>Mike Calwell, Friends of the Kaw, stated he would like to see the dredgers moved off of the Kaw River and he feels the concrete was dumped to stabilize the bank.&nbsp; . </P> <P>Hoover stated his legal position is that the original permit has not expired. He feels his company has abided by all conditions of the permit. The new issue is a restriction on the location of the stockpiles.</P> <P>Jones moved to close the public comment; Motion was seconded by Johnson and carried unanimously.&nbsp;&nbsp; </P> <P>Jones stated he believes the permit has expired, but he is in support of a new permit tonight with the conditions of a staff view in four years and expiration in 10 years. He stated the speakers did raise legitimate questions regarding the long-term effect of dredging the river. He assumes the applicant will comply with all conditions of the permit, state and federal laws. Jones commented that he is deeply committed to the river and over time would like to provide a way for dredgers to move inward away from the river.&nbsp; </P> <P>Johnson stated he is in support of the CUP. There have been no complaints filed against the applicant. </P> <P>McElhaney stated his support for the CUP, and is disappointed that the speakers did not show up for the Monday meeting for discussion. He also stated it is unfair for a private group to make recommendations and not offers solutions.&nbsp;&nbsp; .</P> <P>McElhaney moved to approve CUP-06-04-08, with the following conditions.</P> <P>1.&nbsp;The CUP permit for the sand/gravel dredging operation [CUP-06-04-08] is valid to December 31, 2012.</P> <P>2.&nbsp;Upon applicant’s request in the Fall of 2012 for an administrative review by the Douglas County Zoning Administrator, the CUP Permit [CUP-06-04-08] may be administratively extended by the Douglas County Zoning Administrator for up to six years (a consecutive maximum six year period starting on December 31, 2012 and ending no later than December 31, 2018) providing that the applicant maintains a valid Corps of Engineers’ Permit for the sand/gravel dredging operation. Sand/gravel dredging operation beyond an extension by the County Zoning Administrator would require the applicant obtaining a new CUP permit.</P> <P>3.&nbsp;The applicant shall obtain an approved County Flood Plain Development Permit from the Douglas County Zoning Administrator prior to the installation of the proposed dredging operation improvements. </P> <P>4.&nbsp;The following general notes shall be added to the face of the Site Plan: <BR>a.&nbsp;Per Article 19-5(b), as it deals with cessation of operations or reclamation planning “All excavated materials will be returned to a level no higher than the elevation of surrounding land, and that proper drainage is provided.” <BR>b.&nbsp;Note on plan for lighting, “Lighting on the site be restricted to operational lighting as required by Mine Safety Health Administration and lighting for the dredge (marine) equipment as per requirements of the United States Coast Guard.”</P> <P>5.&nbsp;Provide the following minor modifications to the Site Plan: <BR>a.&nbsp;Include the Register of Deed’s recorded book and page number for the access road agreement. <BR>b.&nbsp;Update the Legal Description. <BR>c.&nbsp;Remove the ‘Phase 1’ label as it is no longer a part of the plan.</P> <P>6.&nbsp;The sand/gravel stockpiles are restricted to the west side of a north/south line located 500’ west of the Lauber’s property (an adjoining property owner to the east). Note: Condition No. 6 added by Planning Commission 08/27/08.</P> <P>Motion was seconded by Jones and carried unanimously.&nbsp; </P> <P><STRONG>PLANNING 09-17-08</STRONG><BR>The item concerning the approval of TA-06-12-08, an amendment to Section 810 of the Subdivision Regulations to clarify the natural resources and environmentally sensitive areas that are to be protected or preserved, was tabled and set for the Monday, September 22, 2008 agenda.&nbsp;&nbsp; </P> <P><STRONG>PUBLIC WORKS 09-17-08</STRONG><BR>The item concerning the discussion for a revision to entrance standards and permit resolution, was tabled and set for the Monday, September 22, 2008 agenda </P> <P>Jones moved to adjourn the meeting; Johnson seconded and the motion carried 2-0. McElhaney was not present for the motion.</P> <P>&nbsp;</P> <P><BR>&nbsp;____________________________&nbsp;&nbsp;&nbsp;&nbsp; ____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Vice Chair</P> <P>ATTEST:</P> <P>_____________________________&nbsp;&nbsp; ____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member<BR>&nbsp;&nbsp;&nbsp; </P> <P><BR>&nbsp;</P>

<P>Johnson called the regular session meeting to order at 8:30 a.m. on Monday September 22, 2008 with all members present.&nbsp; </P> <P>Jones moved to approve the minutes of September 15, 2008. Motion was seconded by McElhaney and carried unanimously.&nbsp;&nbsp; <BR>&nbsp;<BR><STRONG>PLANNING &amp; RESOLUTION 09-22-08</STRONG><BR>The Board considered the approval of Joint City Ordinance No. 8301/County Resolution No. 08-41 regarding amendments to the Subdivision Regulations (TA-12-26-07, TA-05-08-08, TA-05-09-08, TA-06-10-08, and TA-06-11-08) approved by the City Commission on September 9, 2008 and the Board of County Commissioners on September 3, 2008.</P> <P>Jones moved to approve the reading of Joint Ordinance No. 8301 of the City of Lawrence, Kansas and Resolution No. 08-41 of the Board of County Commissioners of Douglas County, Kansas amending the Subdivision Regulations for Lawrence and the unincorporated areas of Douglas County, Kansas, December 19, 2006 Edition, as previously amended, by incorporating by reference the “Subdivision Regulations for Lawrence and the Unincorporated Areas of Douglas County, Kansas September 10, 2008 Text Amendments” prepared by the Lawrence-Douglas County Metropolitan Planning Office and repealing the existing sections. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>PLANNING &amp; TEXT AMENDMENT 09-22-08<BR></STRONG>The Board considered the approval of TA-06-12-08, an amendment to Section 20-810 of the Subdivision Regulations to clarify the natural resources and environmentally sensitive areas that are to be protected or preserved. Mary Miller, Lawrence-Douglas County Metropolitan Planning Staff, was present for the discussion.&nbsp; </P> <P>The Board discussed the determination of environmentally sensitive areas in the <BR>city limits and in the unincorporated areas of the county, which includes stream corridors, wetlands, regulatory floodplain, prominent natural geologic features, prairie remnants, steep slopes, woodland areas and individually significant trees.&nbsp; The amendment, initiated by Staff, is designed to provide more consistency and clarity for Certificates of Survey and the platting process. The amendment more clearly defines the term “Woodland.” The Board stated concerns regarding the requirement of a woodland to contain 100 trees per acre that are two inches in diameter or greater. </P> <P>Jones asked how much opportunity was given for private input and who has taken advantage. Miller replied the definitions have been on the internet as part of the Development Code for sensitive features within the City. Staff received comments from the Jayhawk Audobon Society, the League of Women Voters, Bonnie Johnson with the University of Kansas, and other private citizens. </P> <P>Johnson stated the idea of creating a definition is a good thing. His concern is whether or not we are setting a standard that is too high for property in the unincorporated area. He asked where Staff found the definition of “Woodland.”&nbsp; Miller stated the source was the Kansas Biological Survey.</P> <P>Jones suggested the item be tabled to give reasonable time for public comments.</P> <P>It was the consensus of the Board to table the item for the Monday, September 29, 2008 meeting. The item will be placed on the Consent Agenda, however, if there are members of the public who wish to speak to the item it will be pulled for discussion. </P> <P><STRONG>PUBLIC WORKS 09-22-08</STRONG><BR>Keith Browning, Director of Public Works, initiated a discussion with the Board concerning revisions to the procedures to install entrances from county maintained roads onto private property. Under the current procedure, the property owner&nbsp;is issued an entrance permit and is responsible for constructing the entrance in accordance with county standards. The Public Works Department recommends formally revising the procedure where Public Works is responsible for installing the entrance. </P> <P>Some of the issues discussed included: when and for what items shall property owners be invoiced; should mailbox turnouts be installed and at whose expense; how should property owners be charged for shared entrances; how much time should be allowed for the property owner to submit full payments; what is the property owner’s penalty for nonpayment; the procedure for attempting to collect late payment; and how much time should we allow for entrance installation following permit approval.</P> <P>The Board agreed turnouts are necessary in most cases and the County should hold owners accountable for higher standards of entrance, whether the County puts in the entrance or certifies contractors, like required in the County for septic systems. It was discussed that if the contractors do not properly install the entrances, there are additional fees incurred by the County later to repair the wear and tear on the county roads. </P> <P>It was the consensus of the Board for the Director of Public Works to further review the situation and bring the resolution back to the Board for further discussion.</P> <P><STRONG>APPOINTMENT 09-22-08</STRONG><BR>McElhaney moved to approve the appointment of John Studdard of Lawrence, Kansas, to the Jayhawk Area Agency on Aging Board of Directors, for his first full term to expire 09/30/11. Motion was seconded by Jones and carried unanimously. <BR>&nbsp;</P> <P><STRONG>ACCOUNTS PAYBLE 09-22-08</STRONG><BR>Jones moved to approve accounts payable in the amount of $468,897.79 to be paid on 09-22-08; and a manual check in the amount of $37.60 paid on 09/17/08. Motion was seconded by McElhaney and carried unanimously.&nbsp; </P> <P><STRONG>EXECUTIVE SESSION 09-22-08</STRONG><BR>At 10:00 a.m., Johnson moved that the Board recess into executive session for 30 minutes to discuss a matter, which would be deemed privileged under the attorney-client relationship. The justification is to maintain attorney-client privilege on a matter involving Douglas County. Other attendees included: Craig Weinaug, County Administrator; and Evan Ice, County Counselor.</P> <P>At 10:30 a.m., Johnson moved for the Board to return to regular session; Jones seconded and the motion was carried unanimously. No action was taken.</P> <P>Jones moved to adjourn the meeting; Johnson seconded and the motion&nbsp;carried unanimously. </P> <P>&nbsp;</P> <P><BR>&nbsp;____________________________&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Jere McElhaney, Vice Chair</P> <P>ATTEST:</P> <P>_____________________________&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member<BR>&nbsp;&nbsp;&nbsp; </P>

<P><BR>Johnson called the regular session meeting to order at 6:35 p.m. on Wednesday, October 1, 2008 with all members present.&nbsp; </P> <P><STRONG>CONSENT AGENDA 10-01-08</STRONG><BR>McElhaney moved approval of the following Consent Agenda:<BR>&nbsp; <BR>&#9658;&nbsp;Commission order No. 08-064 (file with the office of the Clerk)</P> <P>Motion was seconded by Jones and carried unanimously.&nbsp; <BR>&nbsp;<BR><STRONG>PUBLIC WORKS 10-01-08</STRONG><BR>The Board conducted a Public Hearing for the proposed vacation of a utility easement for a portion of Lot 12 of Clinton Lake Estates. Michael Kelly, County Surveyor, was present for the hearing. Linda Langston, spoke on behalf of her parents, property owners Harlin D. and Bonner E. Redding, who wish to sell their property and discovered their shed encroaches on a utility easement by approximately 4.5 feet. The existing utility easement is 15 feet in width and lies along the Redding’s rear property line. The Lawrence/Douglas County Planning Commission and the City of Lawrence were both notified of the public hearing due to the site’s location within the Urban Growth Area. After discussion, the Commissioners chose to vacate the East 120 feet of the South 5 feet of the existing easement on Lot 12, Clinton Lake Estates in Douglas County.</P> <P>Jones moved to open the public hearing. Motion was seconded by McElhaney and carried 3-0. No comment was received. Jones moved to close the public hearing. Motion was seconded by McElhaney and carried 3-0.&nbsp; </P> <P>Jones moved to approve the request to vacate a portion of a utility easement located on the East 120 feet of the South 5 feet of the existing easement on Lot 12, Clinton Lake Estates in Douglas County. Motion was seconded by McElhaney and carried 3-0.</P> <P><STRONG>PUBLIC WORKS 10-01-08</STRONG><BR>The Board conducted a Public Hearing to consider MM-12-03A-07, a request to designate minimum maintenance road status for a portion of N 1 Road within Marion Township. Todd Girdler, senior transportation planner, presented the item. Michael Kelly, County Surveyor, and Bonnie Wiscombe, Marion Trustee, were also present for the discussion. The Board questioned why the segment requested was so short. Girdler stated the original segment for the minimum maintenance request on N1 Road was shortened due to a paintball facility located on the Franklin County side of the road, taking access from within the originally proposed segment, and the property owner on the north side requested the beginning point be shifted eastward to allow normal maintenance to a field entrance.<BR>After discussion, Jones moved to open the public hearing. Motion was seconded by McElhaney and carried 3-0. No comment was received. Jones moved to close the public hearing. Motion was seconded by McElhaney and carried 3-0.&nbsp; </P> <P>Jones moved to approve Resolution 08-42 granting minimum maintenance status to the following location: that portion of N1 Road (Permanent Road Record No. 393) from 600E to 585E located along the South line of the Southeast Quarter (SE 1/4) of Section 15, Township 15 South, Range 18 East of the Sixth Principal Meridian in Douglas County, Kansas; the centerline of which is more particularly described as follows: beginning at the southeast corner of the Southeast Quarter (SE 1/4) of section 15, thence west on the south line of said Southeast Quarter (SE 1/4) a distance of 800 feet and terminating at said point. Motion was seconded by McElhaney and carried 3-0.&nbsp; </P> <P><STRONG>PUBLIC WORKS 10-01-08</STRONG><BR>The Board conducted a Public Hearing to consider MM-12-03B-07, a request to designate minimum maintenance road status for a portion of E200 Road within Marion Township. Todd Girdler, senior transportation planner, presented the item. Michael Kelly, County Surveyor, and Bonnie Wiscombe, Marion Trustee, were also present for the discussion.</P> <P>Jones moved to open the public hearing. Motion was seconded by McElhaney and carried 3-0. No comment was received.&nbsp; Jones moved to close the public hearing. Motion was seconded by McElhaney and carried 3-0.&nbsp; </P> <P>Jones moved to approve Resolution 08-42 granting minimum maintenance status to the following location: that portion of E200 Road (Permanent Road Record No. 33D) from N450 Road to 500N located along the West line of the Northwest Quarter (NW 1/4) of Section 30, Township 14 South, Range 18 East of the Sixth Principal Meridian in Douglas County, Kansas; the centerline of which is more particularly described as follows: beginning at the southwest corner of the Northwest Quarter (NW 1/4) of section 30, thence north on the west line of said Northwest Quarter (NW 1/4) a distance of 2640 feet and terminating at said point. Motion was seconded by McElhaney and carried 3-0.&nbsp; </P> <P><STRONG>PUBLIC WORKS 10-01-08</STRONG><BR>The Board conducted a Public Hearing to consider MM-12-03C-07, a request to designate minimum maintenance road status for a portion of E 600 Road within Marion Township. Todd Girdler, senior transportation planner, presented the item.&nbsp; Michael Kelly, County Surveyor, and Bonnie Wiscombe, Marion Trustee, were also present for the discussion. The Board also asked on this item why a small portion of the road was left out of the minimum maintenance request. Girdler explained that the property owner on the west side and south end was in the process of dividing the property to allow for his son to build a home. The entire length of the roadway would have made the configuration ineligible for a building permit. </P> <P>After discussion, Jones moved to open the public hearing. Motion was seconded by McElhaney and carried 3-0. No comment was received.&nbsp; Jones moved to close the public hearing. Motion was seconded by McElhaney and carried 3-0.&nbsp; </P> <P>Jones moved to approve Resolution 08-42 granting minimum maintenance status to the following location: that portion of E600 Road (Permanent Road Record No. 391) from 505N to 550N located along the West line of the Southwest Quarter (SW 1/4) of Section 23, Township 14 South, Range 18 East of the Sixth Principal Meridian in Douglas County, Kansas; the centerline of which is more particularly described as follows: commencing at the corner of Section 22, 23, 26 &amp; 27, thence west 0.30 chains, thence north 3.78 chains to the point of beginning, thence north parallel with the section line a distance of 36.31 chains and terminating at said point. Motion was seconded by McElhaney and carried 3-0.&nbsp; </P> <P><STRONG>PUBLIC WORKS 10-01-08</STRONG><BR>The Board conducted a Public Hearing to consider MM-12-03D-07, a request to designate minimum maintenance road status for a portion of E 650 Road within Marion Township. Todd Girdler, senior transportation planner, presented the item. Michael Kelly, County Surveyor, and Bonnie Wiscombe, Marion Trustee, were also present for the discussion.</P> <P>Jones moved to open the public hearing. Motion was seconded by McElhaney and carried 3-0. No comment was received.&nbsp; Jones moved to close the public hearing. Motion was seconded by McElhaney and carried 3-0.&nbsp; </P> <P>Jones moved to approve Resolution 08-42 granting minimum maintenance status to the following location: that portion of E650 Road (Permanent Road Record No. 412) from N300 Road to 250N located along the West line of the Northeast Quarter (NE 1/4) of Section 2, Township 15 South, Range 18 East of the Sixth Principal Meridian in Douglas County, Kansas; the centerline of which is more particularly described as follows: commencing at the northwest corner of the Northeast Quarter (NE 1/4) of section 2, thence west 15 feet to the point of beginning, thence south parallel to the west line of said Northeast Quarter (NE 1/4) a distance of 2640.0 feet and terminating at said point. Motion was seconded by McElhaney and carried 3-0.&nbsp; </P> <P><STRONG>ACCOUNTS PAYBLE 10-01-08</STRONG><BR>Jones moved to approve payroll in the amounts of $758,326.69 paid on 09/11/08; and $731,017.69 paid on 09/23/08; KPERS in the amounts of $66,815.53 paid on 09/12/08 and $63,779.02 paid on 09/26/08; and FICA in the amounts of $55,794.02 paid on 09/12/08 and $53,725.23 paid on 09/26/08. Motion was seconded by McElhaney and carried unanimously. </P> <P><STRONG>APPOINTMENTS 10-01-08</STRONG><BR>Johnson moved to approve the appointment of Bill Fleming, Lawrence, Kansas, to the Lawrence-Douglas County Housing Authority Board of Commissioners, filling the unexpired term of Wes Smith. The term will expire June 20, 2010. Motion was seconded by McElhaney and carried unanimously.&nbsp;&nbsp; </P> <P>Jones moved to adjourn the meeting; McElhaney seconded and the motion carried unanimously. </P> <P>&nbsp;<BR>&nbsp;____________________________&nbsp;&nbsp;&nbsp;&nbsp; ____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Vice Chair</P> <P>ATTEST:</P> <P>_____________________________&nbsp;&nbsp;&nbsp;&nbsp; ____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member<BR>&nbsp;&nbsp;&nbsp; </P> <P><BR>&nbsp;</P>

<P><BR>McElhaney called the meeting to order at 9:00 a.m. on Friday, August 8, 2008. Commissioner Johnson was absent. The purpose of the Special Meeting was to canvass the results of the Primary Election, which were held on Tuesday, August 5, 2008. In the absence of Commissioner Johnson, Jones moved to appoint Dean Nieder, Douglas County Auditor, to serve as canvasser. McElhaney seconded the motion and it carried unanimously.</P> <P>McElhaney moved to accept the tabulation totals as recommended by the County Clerk’s office. The motion was seconded by Jones and carried unanimously.</P> <P>There were 154 provisional ballots. Jamie Shew, County Clerk, broke the provisional votes into the follow categories:</P> <P> <TABLE class=MsoNormalTable style="MARGIN: auto 6.75pt; BORDER-COLLAPSE: collapse; mso-table-layout-alt: fixed; mso-table-lspace: 9.0pt; mso-table-rspace: 9.0pt; mso-table-anchor-vertical: paragraph; mso-table-anchor-horizontal: margin; mso-table-left: 9.85pt; mso-table-top: 7.5pt; mso-padding-alt: 0in 5.4pt 0in 5.4pt" cellSpacing=0 cellPadding=0 align=left border=0> <TBODY> <TR style="HEIGHT: 14.15pt; mso-yfti-irow: 0"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: windowtext 1pt solid; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 239.05pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt" vAlign=top width=319> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly"><B style="mso-bidi-font-weight: normal"><U><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>Recommended to Count&#160;<o:p></o:p></FONT></SPAN></U></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: windowtext 1pt solid; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>Elec Day <o:p></o:p></FONT></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: windowtext 1pt solid; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 65.45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=top width=87> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>Advance<o:p></o:p></FONT></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: windowtext 1pt solid; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=top width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>Totals<o:p></o:p></FONT></SPAN></B></P></TD></TR> <TR style="HEIGHT: 13.4pt; mso-yfti-irow: 1"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 239.05pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 13.4pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=319> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>Change of address<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 13.4pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>37<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 65.45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 13.4pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=87> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2><SPAN style="mso-spacerun: yes">&nbsp;</SPAN><o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 13.4pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>37<o:p></o:p></FONT></SPAN></P></TD></TR> <TR style="HEIGHT: 13.55pt; mso-yfti-irow: 2"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 239.05pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 13.55pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=319> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>Name Change<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 13.55pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>4<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 65.45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 13.55pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=87> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p><FONT size=2>&nbsp;</FONT></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 13.55pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>4<o:p></o:p></FONT></SPAN></P></TD></TR> <TR style="HEIGHT: 13.55pt; mso-yfti-irow: 3"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 239.05pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 13.55pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=319> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>Pollworker or Clerk’s error<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 13.55pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>15<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 65.45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 13.55pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=87> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p><FONT size=2>&nbsp;</FONT></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 13.55pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>15<o:p></o:p></FONT></SPAN></P></TD></TR> <TR style="HEIGHT: 14.15pt; mso-yfti-irow: 4"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 239.05pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=319> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>Advance-ballot not returned<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>18<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 65.45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=87> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p><FONT size=2>&nbsp;</FONT></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>18<o:p></o:p></FONT></SPAN></P></TD></TR> <TR style="HEIGHT: 14.15pt; mso-yfti-irow: 5"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 239.05pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=319> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>Wrong<SPAN style="mso-spacerun: yes">&nbsp; </SPAN>Precinct-Partial Count<SPAN style="mso-spacerun: yes">&nbsp; </SPAN><o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>22<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 65.45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=87> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p><FONT size=2>&nbsp;</FONT></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>22<o:p></o:p></FONT></SPAN></P></TD></TR> <TR style="HEIGHT: 14.15pt; mso-yfti-irow: 6"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 239.05pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=319> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2><SPAN style="mso-spacerun: yes">&nbsp;</SPAN>Total<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>96<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 65.45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=87> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p><FONT size=2>&nbsp;</FONT></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>96<o:p></o:p></FONT></SPAN></P></TD></TR> <TR style="HEIGHT: 16pt; mso-yfti-irow: 7"> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 239.05pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 16pt; BACKGROUND-COLOR: transparent; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=319> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p><FONT size=2>&nbsp;</FONT></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 16pt; BACKGROUND-COLOR: transparent; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p><FONT size=2>&nbsp;</FONT></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 65.45pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 16pt; BACKGROUND-COLOR: transparent; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=87> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p><FONT size=2>&nbsp;</FONT></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 16pt; BACKGROUND-COLOR: transparent; mso-border-top-alt: solid windowtext .5pt; mso-border-bottom-alt: solid windowtext .5pt" vAlign=top width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p><FONT size=2>&nbsp;</FONT></o:p></SPAN></B></P></TD></TR> <TR style="HEIGHT: 16pt; mso-yfti-irow: 8"> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 239.05pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 16pt; BACKGROUND-COLOR: transparent" vAlign=top width=319> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>Total to Count<o:p></o:p></FONT></SPAN></B></P></TD> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 16pt; BACKGROUND-COLOR: transparent" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p><FONT size=2>&nbsp;</FONT></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 65.45pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 16pt; BACKGROUND-COLOR: transparent; mso-border-right-alt: solid windowtext .5pt" vAlign=top width=87> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p><FONT size=2>&nbsp;</FONT></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 16pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>96<o:p></o:p></FONT></SPAN></B></P></TD></TR> <TR style="HEIGHT: 14.15pt; mso-yfti-irow: 9"> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 239.05pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt" vAlign=top width=319> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><U><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p><SPAN style="TEXT-DECORATION: none"><FONT size=2>&nbsp;</FONT></SPAN></o:p></SPAN></U></B></P></TD> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p><FONT size=2>&nbsp;</FONT></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 65.45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt" vAlign=top width=87> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p><FONT size=2>&nbsp;</FONT></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-top-alt: solid windowtext .5pt; mso-border-bottom-alt: solid windowtext .5pt" vAlign=top width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p><FONT size=2>&nbsp;</FONT></o:p></SPAN></P></TD></TR> <TR style="HEIGHT: 14.15pt; mso-yfti-irow: 10"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 239.05pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=319> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly"><B style="mso-bidi-font-weight: normal"><U><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>Recommended Not to Count<o:p></o:p></FONT></SPAN></U></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>Elec Day<o:p></o:p></FONT></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 65.45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=87> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>Advance<o:p></o:p></FONT></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>Totals<o:p></o:p></FONT></SPAN></B></P></TD></TR> <TR style="HEIGHT: 14.15pt; mso-yfti-irow: 11"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 239.05pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=319> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly"><FONT size=2><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">Not Registered in </SPAN><1/2xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" /><st1:place><st1:PlaceName><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">Douglas</SPAN></st1:PlaceName><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"> </SPAN><st1:PlaceName><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">County</SPAN></st1:PlaceName></st1:place><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p></o:p></SPAN></FONT></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>10<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 65.45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=87> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p><FONT size=2>&nbsp;</FONT></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>10<o:p></o:p></FONT></SPAN></P></TD></TR> <TR style="HEIGHT: 14.15pt; mso-yfti-irow: 12"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 239.05pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=319> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>Did not provide ID<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>4<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 65.45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=87> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p><FONT size=2>&nbsp;</FONT></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>4<o:p></o:p></FONT></SPAN></P></TD></TR> <TR style="HEIGHT: 14.15pt; mso-yfti-irow: 13"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 239.05pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=319> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>Ineligible-party affiliation<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>13<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 65.45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=87> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p><FONT size=2>&nbsp;</FONT></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>13<o:p></o:p></FONT></SPAN></P></TD></TR> <TR style="HEIGHT: 14.15pt; mso-yfti-irow: 14"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 239.05pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=319> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>Returned undeliverable<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p><FONT size=2>&nbsp;</FONT></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 65.45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=87> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-INDENT: -109.3pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>23<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>23<o:p></o:p></FONT></SPAN></P></TD></TR> <TR style="HEIGHT: 14.15pt; mso-yfti-irow: 15"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 239.05pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=319> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>Voted after advance voting closed<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>1<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 65.45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=87> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-INDENT: -109.3pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p><FONT size=2>&nbsp;</FONT></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>1<o:p></o:p></FONT></SPAN></P></TD></TR> <TR style="HEIGHT: 14.15pt; mso-yfti-irow: 16"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 239.05pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=319> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>Returned-unable to vote<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p><FONT size=2>&nbsp;</FONT></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 65.45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=87> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-INDENT: -109.3pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>4<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>4<o:p></o:p></FONT></SPAN></P></TD></TR> <TR style="HEIGHT: 14.15pt; mso-yfti-irow: 17"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 239.05pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=319> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>Registered in other county<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>1<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 65.45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=87> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-INDENT: -109.3pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p><FONT size=2>&nbsp;</FONT></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>1<o:p></o:p></FONT></SPAN></P></TD></TR> <TR style="HEIGHT: 14.15pt; mso-yfti-irow: 18"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 239.05pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=319> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>No Advance Signature<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p><FONT size=2>&nbsp;</FONT></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 65.45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=87> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-INDENT: -109.3pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>1<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>1<o:p></o:p></FONT></SPAN></P></TD></TR> <TR style="HEIGHT: 14.15pt; mso-yfti-irow: 19"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 239.05pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=319> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>Total<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>29<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 65.45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=87> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-INDENT: -109.3pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>28<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>57<o:p></o:p></FONT></SPAN></P></TD></TR> <TR style="HEIGHT: 17.35pt; mso-yfti-irow: 20"> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 239.05pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 17.35pt; BACKGROUND-COLOR: transparent; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=319> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p><FONT size=2>&nbsp;</FONT></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 17.35pt; BACKGROUND-COLOR: transparent; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p><FONT size=2>&nbsp;</FONT></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 65.45pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 17.35pt; BACKGROUND-COLOR: transparent; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=87> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p><FONT size=2>&nbsp;</FONT></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 17.35pt; BACKGROUND-COLOR: transparent; mso-border-top-alt: solid windowtext .5pt; mso-border-bottom-alt: solid windowtext .5pt" vAlign=top width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p><FONT size=2>&nbsp;</FONT></o:p></SPAN></B></P></TD></TR> <TR style="HEIGHT: 14.15pt; mso-yfti-irow: 21"> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 239.05pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent" vAlign=top width=319> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>Total Not to Count<o:p></o:p></FONT></SPAN></B></P></TD> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p><FONT size=2>&nbsp;</FONT></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 65.45pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-right-alt: solid windowtext .5pt" vAlign=top width=87> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p><FONT size=2>&nbsp;</FONT></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>57<o:p></o:p></FONT></SPAN></B></P></TD></TR> <TR style="HEIGHT: 14.15pt; mso-yfti-irow: 22"> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 239.05pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt" vAlign=top width=319> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p><FONT size=2>&nbsp;</FONT></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p><FONT size=2>&nbsp;</FONT></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 65.45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt" vAlign=top width=87> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p><FONT size=2>&nbsp;</FONT></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-top-alt: solid windowtext .5pt; mso-border-bottom-alt: solid windowtext .5pt" vAlign=top width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p><FONT size=2>&nbsp;</FONT></o:p></SPAN></B></P></TD></TR> <TR style="HEIGHT: 14.15pt; mso-yfti-irow: 23"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 239.05pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=319> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly"><B style="mso-bidi-font-weight: normal"><U><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>No Recommendation<o:p></o:p></FONT></SPAN></U></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>Elec Day<o:p></o:p></FONT></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 65.45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=87> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>Advance<o:p></o:p></FONT></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>Totals<o:p></o:p></FONT></SPAN></B></P></TD></TR> <TR style="HEIGHT: 14.15pt; mso-yfti-irow: 24"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 239.05pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=319> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>Arrived after polls closed<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>1<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 65.45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=87> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p><FONT size=2>&nbsp;</FONT></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>1<o:p></o:p></FONT></SPAN></P></TD></TR> <TR style="HEIGHT: 14.15pt; mso-yfti-irow: 25"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 239.05pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=319> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>Total<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>1<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 65.45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=87> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p><FONT size=2>&nbsp;</FONT></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>1<o:p></o:p></FONT></SPAN></P></TD></TR> <TR style="HEIGHT: 14.15pt; mso-yfti-irow: 26"> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 239.05pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=319> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p><FONT size=2>&nbsp;</FONT></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p><FONT size=2>&nbsp;</FONT></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 65.45pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=87> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p><FONT size=2>&nbsp;</FONT></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p><FONT size=2>&nbsp;</FONT></o:p></SPAN></P></TD></TR> <TR style="HEIGHT: 14.15pt; mso-yfti-irow: 27"> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 239.05pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent" vAlign=top width=319> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2><SPAN style="mso-spacerun: yes">&nbsp;</SPAN><o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p><FONT size=2>&nbsp;</FONT></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 65.45pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent" vAlign=top width=87> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p><FONT size=2>&nbsp;</FONT></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt" vAlign=top width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p><FONT size=2>&nbsp;</FONT></o:p></SPAN></P></TD></TR> <TR style="HEIGHT: 14.15pt; mso-yfti-irow: 28"> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 239.05pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent" vAlign=top width=319> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>Total to Count<o:p></o:p></FONT></SPAN></B></P></TD> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2><SPAN style="mso-spacerun: yes">&nbsp;</SPAN><o:p></o:p></FONT></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 65.45pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-right-alt: solid windowtext .5pt" vAlign=top width=87> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p><FONT size=2>&nbsp;</FONT></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>1<o:p></o:p></FONT></SPAN></B></P></TD></TR> <TR style="HEIGHT: 14.15pt; mso-yfti-irow: 29; mso-yfti-lastrow: yes"> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 239.05pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent" vAlign=top width=319> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>Total Provisional Ballots<o:p></o:p></FONT></SPAN></B></P></TD> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2><SPAN style="mso-spacerun: yes">&nbsp;</SPAN><o:p></o:p></FONT></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 65.45pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-right-alt: solid windowtext .5pt" vAlign=top width=87> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p><FONT size=2>&nbsp;</FONT></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>154<o:p></o:p></FONT></SPAN></B></P></TD></TR></TBODY></TABLE></P> <P>&nbsp;</P> <P>&nbsp;<BR></P> <P>&nbsp;</P> <P>&nbsp;</P> <P>&nbsp;</P> <P>&nbsp;</P> <P>&nbsp;</P> <P>&nbsp;</P> <P>&nbsp;</P> <P>&nbsp;</P> <P>&nbsp;</P> <P>&nbsp;</P> <P>&nbsp;</P> <P>&nbsp;</P> <P>&nbsp;</P> <P>&nbsp;</P> <P>&nbsp;</P> <P>&nbsp;</P> <P>McElhaney moved approval to count ninety-six (96) provisional ballots as recommended by Shew, plus the one (1) closed poll ballot making the total provisional ballot count ninety-seven (97). Motion was seconded by Jones and carried unanimously. </P> <P>Jones moved to accept write-ins as accepted by the County Clerk. Motion was seconded by McElhaney and carried unanimously. </P> <P>It should be noted that after the additional ballots were counted, the election outcome was not changed. </P> <P>No errors were found.</P> <P>Jones moved to adjourn the meeting; McElhaney seconded and the motion&nbsp;carried unanimously.</P> <P><BR>_____________________________&nbsp;&nbsp; _____________________________<BR>Jere McElhaney, Vice Chair&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Charles Jones, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;&nbsp; _____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Dean Nieder, Douglas County Auditor&nbsp;&nbsp;<BR></P>

<P>Johnson called the regular session meeting to order at 8:30 a.m. on Monday September 29, 2008 with two members present. McElhaney was absent.</P> <P>Jones moved to approve the minutes of September 22, 2008. Motion was seconded by Johnson and carried 2-0.&nbsp;&nbsp; </P> <P><EM>Item 1(b) was pulled from the Consent Agenda.</EM></P> <P><STRONG>PLANNING &amp; TEXT AMENDMENT 09-29-08<BR></STRONG>The Board considered the approval of TA-06-12-08, an amendment to Section 20-810 of the Subdivision Regulations to clarify the natural resources and environmentally sensitive areas that are to be protected or preserved, tabled from the September 22, 2008 meeting. Mary Miller, Lawrence-Douglas County Metropolitan Planning Staff, was present for the discussion. The item was pulled from the agenda to allow for public comment. No comment was received. </P> <P>Jones moved to approve TA-06-12-08, clarifying the types of natural resources and environmentally sensitive areas that are to be protected, along with revisions to other sections of the Code to provide consistency, to the Board of County Commissioners and the City Commission. Motion was seconded by Johnson and carried 2-0. Note: Commissioner McElhaney was not present at the meeting, but gave his support to the item over the phone just prior to the meeting. </P> <P><STRONG>ACCOUNTS PAYBLE 09-29-08</STRONG><BR>Johnson moved to approve accounts payable in the amount of $126,511.81 to be paid on 09/29/08. Motion was seconded by Jones and carried 2-0.</P> <P><STRONG>PROCLAMATION 09-29-08</STRONG> <BR>Johnson read a proclamation proclaiming October 5-11, 2008 as “National 4-H Week” in Douglas County. Johnson moved approval of the proclamation; Jones seconded and the motion carried 2-0.</P> <P><STRONG>MISCELLANEOUS 09-29-08</STRONG><BR>Jim Denney, Director of Emergency Communications, announced to the Board that he is retiring and wanted to thank the Board for their support and leadership during his employment with Douglas County.&nbsp; </P> <P>Jones moved to adjourn the meeting; Johnson seconded and the motion&nbsp;carried 2-0. </P> <P>&nbsp;<BR>&nbsp;____________________________&nbsp; ____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;&nbsp;&nbsp; <BR>Jamie Shew, County Clerk<BR></P>

<P>Johnson called the regular session meeting to order at 6:35 p.m. on Wednesday, October 15, 2008 with all members present. </P> <P>Jones moved to approve the minutes of October 1, 2008. Motion was seconded by McElhaney and carried unanimously. </P> <P><STRONG>PROCLAMATION 10-15-08</STRONG><BR>Dan Warner, Lawrence-Douglas County Metropolitan Planning Staff, read a proclamation proclaiming October 2008 as “Community Planning Month.” Johnson moved approval of the proclamation as read; Jones seconded and the motion carried unanimously.<BR><BR><STRONG>PROCLAMATION 10-15-08</STRONG><BR>Peggy Wallert, Cottonwood Inc., read a proclamation proclaiming the month of October 2008 as “AbilityOne Month.” Johnson moved approval of the proclamation as read; Jones seconded and the motion carried unanimously.</P> <P><STRONG>CONSENT AGENDA 10-15-08</STRONG><BR>Jones moved approval of the following Consent Agenda:<BR><BR>&#9658; Commission order No. 08-065 (file with the office of the Clerk)</P> <P>Motion was seconded by McElhaney and carried unanimously. </P> <P><STRONG>HEALTH DEPARTMENT 10-15-08</STRONG><BR>The Board conducted a public hearing for the Health Department’s formal request for approval of the revised Douglas County Sanitary Sewer Code. Richard Ziesenis, Director of Environmental Health, was present for the discussion. </P> <P>Jones asked who has had the chance to review the revised document. Ziesenis stated a Health Board Hearing was conducted and no comments were received. Also 16 letters of notification were sent to homebuilders and realtors. He received only two replies with both being positive. In addition, notification of the hearing was published in the local paper once a week for three consecutive weeks. </P> <P>Johnson asked what appeal process is available if an owner is unhappy with the inspection outcome. Ziesenis stated that any part of the Sanitary Code allows for a variance procedure. </P> <P>During the discussion, the Commissioners asked for clarification on several items, however the consensus was they are in agreement with the revisions. It was determined that the document was missing some of the text and the Commissioners wanted to review the document in its entirety before approval. <BR></P> <P>It was the consensus of the Board to continue the public hearing at the Monday, October 20, 2008 meeting and to place the item on the Consent Agenda. </P> <P><STRONG>ZONING &amp; CODES 10-15-08</STRONG><BR>The Board discussed the extension and/or realignment of a previously approved private road located at E 936 Road. Keith Dabney, Director of Zoning and Codes, was present for the discussion. The private road was approved for two residences by the Board of County Commissioners on April 11, 1985. </P> <P>Dabney stated the applicant, Larry Hughes, is asking the Board to grant access for a third residence along a private road which ends at Anthony Hayden’s property. The official minutes for the April 11, 1985 Commission meeting did not address allowing a third residence, and gave specific description of the private road. </P> <P>Larry Hughes, applicant, stated he believes his property falls under the grandfather clause where up to three residences could be allowed on a private road. </P> <P>Tony Hayden, resident on E 936 Road, stated he prefers the applicant take access to his property from the south. Extending the road would invade his privacy by coming within 10 feet of his house. </P> <P>McElhaney suggested the applicant contact the City for other options. He is not in support of the third residence. </P> <P>Johnson stated that he feels private roads are not a good idea and he is unlikely to vote for the amendment to create three houses on a private road.</P> <P>Jones stated there is no evidence in the 1985 minutes to support the third residence. He feels that private roads create bad situations and bad public policy. He sees no evidence of a grandfather clause and he will not support an amendment for a third residence on the private road. <BR><BR>It was the consensus of the Board that the Commissioners will not agree to allow three houses on the private road.</P> <P><STRONG>PUBLIC WORKS 10-15-08</STRONG><BR>The Board considered the vacation of a portion of N2190 Road from 440E to 452E. Michael Kelly, County Surveyor, asked the Commission to table the item for further discussion with the property owner. </P> <P>The item was tabled for a future agenda. </P> <P></P> <P></P> <P></P> <P></P> <P></P> <P><STRONG>ACCOUNTS PAYABLE 10-15-08</STRONG><BR>Jones moved to approve accounts payable amounts of $341,922.50 for a wire transfer paid on 10/09/08, $841,473.11 paid on 10/06/08; payroll in the amount of $754,107.81 paid on 10/09/08; KPERS in the amount of $66,233.17 paid on 10/10/08; and FICA in the amount of $55,470.96; and a manual check in the amount of $7.50 paid on 09/15/08. Motion was seconded by McElhaney and carried unanimously. </P> <P><STRONG>APPOINTMENT 10-15-08<BR></STRONG>McElhaney moved to reappoint Lawrence James and Dave Anderson, to the Board of Zoning Appeals for a second term to expire October 31, 2011. Motion was seconded by Jones and carried 3-0.</P> <P><STRONG>APPOINTMENT 10-15-08</STRONG><BR>Jones moved to appoint Bessie L. Walker, Lawrence, Kansas, to the Douglas County Community Corrections and Juvenile Correctors Advisory Board, with her term to expire October 2010. Motion was seconded by McElhaney and carried 3-0.</P> <P>Jones moved to adjourn the meeting; McElhaney seconded and the motion carried. </P> <P></P> <P>____________________________&nbsp; ____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Vice Chair</P> <P>ATTEST:</P> <P>_____________________________ ____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member<BR></P> <P><BR></P>

<P><BR>Johnson called the regular session meeting to order at 8:35 a.m. on Monday, October 20, 2008 with all members present.&nbsp; </P> <P><STRONG>PROCLAMATION 10-20-08</STRONG><BR>Judy Wulfkuhle, read a proclamation proclaiming the week of October 13 – 19, 2008 as “Family and Community Education Week.” Johnson moved to approve the proclamation as read; Jones seconded and the motion carried unanimously.</P> <P><EM>Items b and c were pulled from the Consent Agenda</EM>.<BR>&nbsp;<BR><STRONG>COMMUNITY CORRECTIONS 10-20-08</STRONG><BR>The Board considered the approval of the Douglas County Community Corrections FY08 Year End Outcomes Report. Ron Stegall, Director of Community Corrections, discussed with the Board the success rate of the department’s goals regarding substance abuse, the surveillance programs for alcohol related instances, and the anger management program. </P> <P>Jones moved to approve the Douglas County Community Corrections Fiscal Year 2008 Year End Outcomes Report. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>HEALTH DEPARTMENT 10-20-08</STRONG><BR>The Board formally reopened and continued the public hearing on the Health Department’s formal request for approval of the revised Douglas County Sanitary Code.</P> <P>Richard Ziesenis, Director of Environmental Health, was present for the hearing. No verbal or written comments were received from the public. It was the consensus of the Board that enough time and notice was given to the public for the opportunity for discussion regarding the revised Sanitary Code. </P> <P>Jones moved to close the public hearing; McElhaney seconded and the motion carried unanimously.</P> <P>Jones moved to approve the adoption of the revised Douglas County Sanitary Code. Motion was seconded by McElhaney and carried unanimously. </P> <P><STRONG>ACCOUNTS PAYBLE 10-20-08</STRONG><BR>Jones moved to approve accounts payable in the amount of $278,285.55. Motion was seconded by McElhaney and carried unanimously. </P> <P><STRONG>APPOINTMENT 10-20-08</STRONG><BR>Johnson moved to approve Charles Jones as the voting delegate for the Douglas County Commission at the 33rd Annual Kansas Association of Counties Conference to be held in Wichita, November 16-18, 2008, and that he be given the authority to delegate that responsibility to another county official if he is unable to attend the KAC business meeting. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>EXECUTIVE SESSION 10-20-08<BR></STRONG>At 9:00 a.m., Johnson moved that the Board recess into executive session for 45 minutes to discuss a matter, which would be deemed privileged under the attorney-client relationship. The justification is to maintain attorney-client privilege on a matter involving Douglas County. Other attendees included: Craig Weinaug, County Administrator; and Evan Ice, County Counselor.</P> <P>At 9:45 a.m., Johnson moved for the Board to return to regular session; Jones seconded and the motion was carried unanimously. No action was taken.</P> <P>Jones moved to adjourn the meeting; McElhaney seconded and the motion carried unanimously. </P> <P>&nbsp;<BR>&nbsp;____________________________&nbsp;&nbsp;&nbsp; ____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Vice Chair</P> <P>ATTEST:</P> <P>_____________________________&nbsp;&nbsp; ____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member<BR>&nbsp;&nbsp;&nbsp; <BR></P>

<P><BR>&nbsp;Johnson called the regular session meeting to order at 8:30 a.m. on Monday November 3, 2008 with two members present. McElhaney was absent due to a conflict in schedule. </P> <P><STRONG>CONSENT AGENDA 11-03-08<BR></STRONG>Jones moved approval of the following Consent Agenda:<BR>&nbsp; <BR>&#9658;&nbsp; 800 MHz Trunking Radio System Renewal Maintenance Contract with Motorola Inc. in the amount of $33,931.56 for Emergency Communications; and to authorize the Director of Emergency Communications to sign this agreement and the annual renewals and to execute the contract. </P> <P>Motion was seconded by Johnson and carried 2-0.&nbsp; </P> <P><STRONG>INFORMATION TECHNOLOGY 11-03-08</STRONG><BR>The Board considered the approval to add fiber network lines to the Fairgrounds, Public Works shop and the Zoning and Codes Department. Jim Lawson, Director of Information Technology (IT), presented the item. Also present for the meeting were Keith Browning, Director of Public Works, and Pam Madl, Assistant County Administrator. The current network connectivity in place for the aforementioned locations d&#160;s not have sufficient bandwidth to move the amount of data needed to efficiently conduct business. In addition, IT plans to use the basement at the Dreher Building as a backup or disaster recovery site. The Board discussed security and other issues related to protecting the storage of data. The following quotes were received from AT&amp; T and Sunflower Broadband for all costs, including installation and annual fees for 60 months to provide 100 mbs to the Public Works shop and South Lawrence Satellite and 1000 mbs to the Fairgrounds:<BR></P> <UL> <LI>AT&amp;T: $68,425 for installation and an additional $56,179 annual increase&nbsp;in lines.</LI> <LI>Sunflower Broadband: $2,000 for installation and an additional $33,144 annual increase in line costs.</LI></UL> <P>Jones moved approval to authorize the Assistant County Administrator to enter into a contract with Sunflower Broadband to install upgraded network connectivity to the Fairgrounds, Public Works shop and the Zoning and Codes Department in the amounts of $2,000 for installation and an additional $33,144 annual increase in line costs; and for the funds to be taken from the 2009 budget. Motion was seconded by Johnson and carried 2-0.</P> <P><STRONG>ACCOUNTS PAYBLE 11-03-08<BR></STRONG>Jones moved to approve accounts payable in the amount of $1,234,955.84 to be paid on 10/03/08. Motion was seconded by Johnson and carried unanimously.</P> <P>Jones moved to adjourn the meeting; Johnson seconded and the motion&nbsp;carried unanimously.&nbsp; </P> <P>&nbsp;<BR>&nbsp;____________________________&nbsp; ____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;&nbsp; <BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;<BR></P>

<P><BR>Johnson called the regular session meeting to order at 8:30 a.m. on Monday November 10, 2008 with all members present. </P> <P><STRONG>CONSENT AGENDA 11-10-08</STRONG><BR>Jones moved approval of the following Consent Agenda:<BR>&nbsp; <BR>&#9658;&nbsp;&nbsp; To access the National Intergovernmental Purchasing Alliance for office supplies through Corporate Express. </P> <P>Motion was seconded by McElhaney and carried unanimously. <BR>&nbsp;<BR>Items c and d were pulled from the agenda.<BR>&nbsp;<BR><STRONG>PUBLIC WORKS 11-10-08<BR></STRONG>The item to consider approval of road right-of-way contracts for project No.&nbsp;2007-13, the improvement of County Route 438 from 625E to 850E, also known as the Farmer’s Turnpike, will be discussed in executive session at the November 12, 2008 meeting.</P> <P><STRONG>INFORMATION TECHNOLOGY 11-10-08<BR></STRONG>The Board considered the approval of utilizing the Western States Contracting Alliance (WSCA) and the State of Kansas cooperative contract with Software House International (SHI) for purchasing computers and software for 2009. Jim Lawson, Director of Information Technology and Pam Madl, Assistant County Administrator, were present for the discussion. The County purchases approximately 60 computers per year which would yield an annual savings of $27,729 using the cooperative contracts. Approval would also allow the IT department to renew usage for four additional years.</P> <P>McElhaney stated that purchasing 60 computers per year seemed excessive. Madl explained that due to changes in technology, computers need to be replaced every five years and that number includes the courts as well as all Douglas County employees. McElhaney also asked if Lawson was comfortable with the maintenance agreements with the contracts. Lawson responded he has been very pleased with the maintenance he has received. </P> <P>Johnson moved to authorize utilization of the SHI and WSCA cooperative contracts for computer and software purchases for 2009, with the ability to renew this contract annually for four years. Motion was seconded by Jones and carried unanimously. </P> <P><STRONG>PLANNING 11-10-08</STRONG><BR>The Board considered Joint Ordinance No. 8332 and Resolution No. 08-43 for CPA-2008-11, amending the Southeast Area Plan to change the area designated for high-density residential north of 25th Terrace, between O’Connell Road and Exchange Place, that is currently designated high-density residential to Community Commercial and to change the Land Use Descriptions applicable areas to reflect the change. Michelle Leininger, Lawrence &amp; Douglas County Metropolitan Planning Staff, presented the item. The applicant, Southwest Capital, feels the current commercially designated 21 acres is not large enough to develop a CC200 center and is asking for the amendment. The Planning Commission approved the item on September 22, 2008 on a 9-0 vote. Staff recommends approval of this comprehensive plan amendment to Horizon 2020 to amend Chapter 14, Southeast Area Plan to change the high density residential area designation north of 25th Terrace to the community commercial designation </P> <P>The Board discussed that approval today would bring the Southeast Area Plan in conformance with what the Commission has proposed in past discussion. The amendment would allow development up to 100,000 sq. ft. of commercial use but d&#160;s not identify the type of zoning. Examples of community commercial allowed would be a restaurant, strip mall or large grocery store not exceeding 100,000 sq. ft. </P> <P>After discussion, McElhaney moved to approve Joint Ordinance No. 8332/Resolution No. 08-43 for CPA-2008-11. Motion was seconded by Johnson and carried unanimously. </P> <P><STRONG>ACCOUNTS PAYBLE 11-10-08</STRONG><BR>Johnson moved to approve an accounts payable manual check in the amount of $10,521.88 to be paid on 11/10/08, and accounts payable in the amount of $683,266.99 to be paid on 11/10/08. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PUBLIC WORKS 11-10-08</STRONG><BR>Keith Browning, Director of Public Works, conducted a joint study session with the Lawrence City Commission regarding the alignment of 31st Street from Haskell Avenue to Route 1075 (E1900 Road), KDPT Project No. 23-U-2117-01, City Project No. 18-CP7-507(S). </P> <P><STRONG>ELECTION CANVASS 11-10-08</STRONG><BR>The Board continued in session to conduct an Election Canvass beginning at 10:17 a.m. for the purpose of canvassing the results of the General Election, which was held on Tuesday, November 4, 2008. Present for the canvass were Commissioners Johnson, Jones and McElhaney; Jamie Shew, County Clerk; Keith Campbell, Deputy County Clerk; and George Diepenbrock, media representative from Journal World. </P> <P>Johnson moved to accept the tabulation totals as recommended by the County Clerk’s office. The motion was seconded by McElhaney and carried unanimously.</P> <P>There were 2,421 provisional ballots. Jamie Shew, County Clerk, broke the provisional votes into the follow categories:</P> <P> <TABLE class=MsoNormalTable style="MARGIN: auto 6.75pt; BORDER-COLLAPSE: collapse; mso-table-layout-alt: fixed; mso-table-lspace: 9.0pt; mso-table-rspace: 9.0pt; mso-table-anchor-vertical: paragraph; mso-table-anchor-horizontal: margin; mso-table-left: 9.85pt; mso-table-top: 7.5pt; mso-padding-alt: 0in 5.4pt 0in 5.4pt" cellSpacing=0 cellPadding=0 align=left border=0> <TBODY> <TR style="HEIGHT: 14.15pt; mso-yfti-irow: 0"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: windowtext 1pt solid; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 239.05pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt" vAlign=top width=319> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly"><B style="mso-bidi-font-weight: normal"><U><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>Recommended to Count&#160;<o:p></o:p></FONT></SPAN></U></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: windowtext 1pt solid; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>Elec Day <o:p></o:p></FONT></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: windowtext 1pt solid; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 65.45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=top width=87> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>Advance<o:p></o:p></FONT></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: windowtext 1pt solid; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" vAlign=top width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>Totals<o:p></o:p></FONT></SPAN></B></P></TD></TR> <TR style="HEIGHT: 15.85pt; mso-yfti-irow: 1"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 239.05pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 15.85pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=319> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>Change of address<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 15.85pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>398<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 65.45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 15.85pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=87> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>288<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 15.85pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>686<o:p></o:p></FONT></SPAN></P></TD></TR> <TR style="HEIGHT: 13.55pt; mso-yfti-irow: 2"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 239.05pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 13.55pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=319> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>Change of Address-Partial Count<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; 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HEIGHT: 13.55pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=87> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>1<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 13.55pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>26<o:p></o:p></FONT></SPAN></P></TD></TR> <TR style="HEIGHT: 13.55pt; mso-yfti-irow: 3"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 239.05pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 13.55pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=319> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>Name Change<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 13.55pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>12<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 65.45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 13.55pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=87> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>10<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 13.55pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>22<o:p></o:p></FONT></SPAN></P></TD></TR> <TR style="HEIGHT: 14.15pt; mso-yfti-irow: 4"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 239.05pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=319> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>Pollworker or Clerk’s Error<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>96<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 65.45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=87> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>13<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>109<o:p></o:p></FONT></SPAN></P></TD></TR> <TR style="HEIGHT: 14.15pt; mso-yfti-irow: 5"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 239.05pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=319> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>Advance-ballot not returned<SPAN style="mso-spacerun: yes">&nbsp; </SPAN><o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>318<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 65.45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=87> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>61<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>379<o:p></o:p></FONT></SPAN></P></TD></TR> <TR style="HEIGHT: 14.15pt; mso-yfti-irow: 6"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 239.05pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=319> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>Brought in ID<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>1<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 65.45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=87> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>74<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>75<o:p></o:p></FONT></SPAN></P></TD></TR> <TR style="HEIGHT: 16pt; mso-yfti-irow: 7"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 239.05pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 16pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=319> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>President Only<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 16pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>3<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 65.45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 16pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=87> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>6<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 16pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>9<o:p></o:p></FONT></SPAN></P></TD></TR> <TR style="HEIGHT: 16pt; mso-yfti-irow: 8"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 239.05pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 16pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=319> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>DMV<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 16pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>89<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 65.45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 16pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=87> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>22<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 16pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>111<o:p></o:p></FONT></SPAN></P></TD></TR> <TR style="HEIGHT: 16pt; mso-yfti-irow: 9"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 239.05pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 16pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=319> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>DMV-Partial<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 16pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>5<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 65.45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 16pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=87> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>0<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 16pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>5<o:p></o:p></FONT></SPAN></P></TD></TR> <TR style="HEIGHT: 16pt; mso-yfti-irow: 10"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 239.05pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 16pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=319> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>Wrong Precinct-All Count<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 16pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>59<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 65.45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 16pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=87> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>0<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 16pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>59<o:p></o:p></FONT></SPAN></P></TD></TR> <TR style="HEIGHT: 16pt; mso-yfti-irow: 11"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 239.05pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 16pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=319> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>Wrong Precinct-Partial Count<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 16pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>180<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 65.45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 16pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=87> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>0<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 16pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>180<o:p></o:p></FONT></SPAN></P></TD></TR> <TR style="HEIGHT: 16pt; mso-yfti-irow: 12"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 239.05pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 16pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=319> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>Total<o:p></o:p></FONT></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 16pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>1186<o:p></o:p></FONT></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 65.45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 16pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=87> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>475<o:p></o:p></FONT></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 16pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>1661<o:p></o:p></FONT></SPAN></B></P></TD></TR> <TR style="HEIGHT: 16pt; mso-yfti-irow: 13"> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 239.05pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 16pt; BACKGROUND-COLOR: transparent; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=319> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p><FONT size=2>&nbsp;</FONT></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 16pt; BACKGROUND-COLOR: transparent; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p><FONT size=2>&nbsp;</FONT></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 65.45pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 16pt; BACKGROUND-COLOR: transparent; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=87> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p><FONT size=2>&nbsp;</FONT></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 16pt; BACKGROUND-COLOR: transparent; mso-border-top-alt: solid windowtext .5pt; mso-border-bottom-alt: solid windowtext .5pt" vAlign=top width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p><FONT size=2>&nbsp;</FONT></o:p></SPAN></B></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p><FONT size=2>&nbsp;</FONT></o:p></SPAN></B></P></TD></TR> <TR style="HEIGHT: 16pt; mso-yfti-irow: 14"> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 239.05pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 16pt; BACKGROUND-COLOR: transparent" vAlign=top width=319> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>Total to Count<o:p></o:p></FONT></SPAN></B></P></TD> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 16pt; BACKGROUND-COLOR: transparent" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p><FONT size=2>&nbsp;</FONT></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 65.45pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 16pt; BACKGROUND-COLOR: transparent; mso-border-right-alt: solid windowtext .5pt" vAlign=top width=87> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p><FONT size=2>&nbsp;</FONT></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 16pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>1661<o:p></o:p></FONT></SPAN></B></P></TD></TR> <TR style="HEIGHT: 14.15pt; mso-yfti-irow: 15"> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 239.05pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt" vAlign=top width=319> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><U><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p><SPAN style="TEXT-DECORATION: none"><FONT size=2>&nbsp;</FONT></SPAN></o:p></SPAN></U></B></P></TD> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p><FONT size=2>&nbsp;</FONT></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 65.45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt" vAlign=top width=87> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p><FONT size=2>&nbsp;</FONT></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-top-alt: solid windowtext .5pt; mso-border-bottom-alt: solid windowtext .5pt" vAlign=top width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p><FONT size=2>&nbsp;</FONT></o:p></SPAN></P></TD></TR> <TR style="HEIGHT: 14.15pt; mso-yfti-irow: 16"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 239.05pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=319> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly"><B style="mso-bidi-font-weight: normal"><U><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>Recommended Not to Count<o:p></o:p></FONT></SPAN></U></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>Elec Day<o:p></o:p></FONT></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 65.45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=87> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>Advance<o:p></o:p></FONT></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>Totals<o:p></o:p></FONT></SPAN></B></P></TD></TR> <TR style="HEIGHT: 14.15pt; mso-yfti-irow: 17"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 239.05pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=319> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly"><FONT size=2><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">Not Registered in </SPAN><1/2xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" /><st1:place><st1:PlaceName><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">Douglas</SPAN></st1:PlaceName><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"> </SPAN><st1:PlaceName><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'">County</SPAN></st1:PlaceName></st1:place><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p></o:p></SPAN></FONT></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>255<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 65.45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=87> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>42<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>297<o:p></o:p></FONT></SPAN></P></TD></TR> <TR style="HEIGHT: 14.15pt; mso-yfti-irow: 18"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 239.05pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=319> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>Did not provide ID<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>165<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 65.45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=87> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>54<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>219<o:p></o:p></FONT></SPAN></P></TD></TR> <TR style="HEIGHT: 14.15pt; mso-yfti-irow: 19"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 239.05pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=319> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>Already voted in advance<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>5<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 65.45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=87> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>1<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>6<o:p></o:p></FONT></SPAN></P></TD></TR> <TR style="HEIGHT: 14.15pt; mso-yfti-irow: 20"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 239.05pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=319> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>Felony Conviction<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>3<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 65.45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=87> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-INDENT: -109.3pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>1<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>4<o:p></o:p></FONT></SPAN></P></TD></TR> <TR style="HEIGHT: 14.15pt; mso-yfti-irow: 21"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 239.05pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=319> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>DMV<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>22<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 65.45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=87> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-INDENT: -109.3pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>0<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>22<o:p></o:p></FONT></SPAN></P></TD></TR> <TR style="HEIGHT: 14.15pt; mso-yfti-irow: 22"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 239.05pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=319> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>Registered in other county<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>180<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 65.45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=87> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-INDENT: -109.3pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>11<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>191<o:p></o:p></FONT></SPAN></P></TD></TR> <TR style="HEIGHT: 14.15pt; mso-yfti-irow: 23"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 239.05pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=319> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>No Advance Signature<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>0 <o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 65.45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=87> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-INDENT: -109.3pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>17<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>17<o:p></o:p></FONT></SPAN></P></TD></TR> <TR style="HEIGHT: 14.15pt; mso-yfti-irow: 24"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 239.05pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=319> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>Total<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>630<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 65.45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=87> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-INDENT: -109.3pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>126<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>756<o:p></o:p></FONT></SPAN></P></TD></TR> <TR style="HEIGHT: 17.35pt; mso-yfti-irow: 25"> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 239.05pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 17.35pt; BACKGROUND-COLOR: transparent; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=319> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p><FONT size=2>&nbsp;</FONT></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 17.35pt; BACKGROUND-COLOR: transparent; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p><FONT size=2>&nbsp;</FONT></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 65.45pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 17.35pt; BACKGROUND-COLOR: transparent; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=87> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p><FONT size=2>&nbsp;</FONT></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 17.35pt; BACKGROUND-COLOR: transparent; mso-border-top-alt: solid windowtext .5pt; mso-border-bottom-alt: solid windowtext .5pt" vAlign=top width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p><FONT size=2>&nbsp;</FONT></o:p></SPAN></B></P></TD></TR> <TR style="HEIGHT: 14.15pt; mso-yfti-irow: 26"> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 239.05pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent" vAlign=top width=319> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>Total Not to Count<o:p></o:p></FONT></SPAN></B></P></TD> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p><FONT size=2>&nbsp;</FONT></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 65.45pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-right-alt: solid windowtext .5pt" vAlign=top width=87> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p><FONT size=2>&nbsp;</FONT></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>756<o:p></o:p></FONT></SPAN></B></P></TD></TR> <TR style="HEIGHT: 14.15pt; mso-yfti-irow: 27"> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 239.05pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt" vAlign=top width=319> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p><FONT size=2>&nbsp;</FONT></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p><FONT size=2>&nbsp;</FONT></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 65.45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt" vAlign=top width=87> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p><FONT size=2>&nbsp;</FONT></o:p></SPAN></B></P></TD> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-top-alt: solid windowtext .5pt; mso-border-bottom-alt: solid windowtext .5pt" vAlign=top width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p><FONT size=2>&nbsp;</FONT></o:p></SPAN></B></P></TD></TR> <TR style="HEIGHT: 14.15pt; mso-yfti-irow: 28"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 239.05pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=319> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly"><B style="mso-bidi-font-weight: normal"><U><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>No Recommendation<o:p></o:p></FONT></SPAN></U></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>Elec Day<o:p></o:p></FONT></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 65.45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=87> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>Advance<o:p></o:p></FONT></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>Totals<o:p></o:p></FONT></SPAN></B></P></TD></TR> <TR style="HEIGHT: 14.15pt; mso-yfti-irow: 29"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 239.05pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=319> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>Arrived after polls closed<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>4<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 65.45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=87> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>0<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>4<o:p></o:p></FONT></SPAN></P></TD></TR> <TR style="HEIGHT: 14.15pt; mso-yfti-irow: 30"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 239.05pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=319> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>Total<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>4<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 65.45pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=87> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>0<o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>4<o:p></o:p></FONT></SPAN></P></TD></TR> <TR style="HEIGHT: 14.15pt; mso-yfti-irow: 31"> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 239.05pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=319> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p><FONT size=2>&nbsp;</FONT></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p><FONT size=2>&nbsp;</FONT></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 65.45pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=87> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p><FONT size=2>&nbsp;</FONT></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p><FONT size=2>&nbsp;</FONT></o:p></SPAN></P></TD></TR> <TR style="HEIGHT: 14.15pt; mso-yfti-irow: 32"> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 239.05pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent" vAlign=top width=319> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2><SPAN style="mso-spacerun: yes">&nbsp;</SPAN><o:p></o:p></FONT></SPAN></P></TD> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p><FONT size=2>&nbsp;</FONT></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 65.45pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent" vAlign=top width=87> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p><FONT size=2>&nbsp;</FONT></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-bottom-alt: solid windowtext .5pt" vAlign=top width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p><FONT size=2>&nbsp;</FONT></o:p></SPAN></P></TD></TR> <TR style="HEIGHT: 14.15pt; mso-yfti-irow: 33"> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 239.05pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent" vAlign=top width=319> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>Total to Count<o:p></o:p></FONT></SPAN></B></P></TD> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2><SPAN style="mso-spacerun: yes">&nbsp;</SPAN><o:p></o:p></FONT></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 65.45pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-right-alt: solid windowtext .5pt" vAlign=top width=87> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p><FONT size=2>&nbsp;</FONT></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>4<o:p></o:p></FONT></SPAN></B></P></TD></TR> <TR style="HEIGHT: 14.15pt; mso-yfti-irow: 34; mso-yfti-lastrow: yes"> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 239.05pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent" vAlign=top width=319> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>Total Provisional Ballots<o:p></o:p></FONT></SPAN></B></P></TD> <TD style="BORDER-RIGHT: #d4d0c8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 73.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent" vAlign=top width=98> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2><SPAN style="mso-spacerun: yes">&nbsp;</SPAN><o:p></o:p></FONT></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 65.45pt; PADDING-TOP: 0in; BORDER-BOTTOM: #d4d0c8; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-right-alt: solid windowtext .5pt" vAlign=top width=87> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><o:p><FONT size=2>&nbsp;</FONT></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 63pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; HEIGHT: 14.15pt; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" vAlign=top width=84> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: right; mso-element: frame; mso-element-frame-hspace: 9.0pt; mso-element-wrap: around; mso-element-anchor-vertical: paragraph; mso-element-anchor-horizontal: margin; mso-element-left: 9.9pt; mso-element-top: 7.5pt; mso-height-rule: exactly" align=right><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-family: 'Times New Roman'"><FONT size=2>2421<o:p></o:p></FONT></SPAN></B></P></TD></TR></TBODY></TABLE></P> <P>&nbsp;</P> <P>&nbsp;</P> <P>&nbsp;</P> <P>&nbsp;</P> <P>&nbsp;</P> <P>&nbsp;</P> <P>&nbsp;</P> <P>&nbsp;</P> <P>&nbsp;</P> <P>&nbsp;</P> <P>&nbsp;</P> <P>&nbsp;</P> <P>&nbsp;</P> <P>&nbsp;</P> <P>&nbsp;</P> <P>&nbsp;</P> <P>&nbsp;</P> <P>&nbsp;</P> <P>&nbsp;</P> <P>&nbsp;</P> <P>&nbsp;</P> <P>Johnson moved approval to count One Thousand six hundred sixty-one (1661) provisional ballots as recommended by Shew, plus the four (4) closed poll ballots making the total provisional ballot count One Thousand six hundred sixty-five (1665). Motion was seconded by Jones and carried unanimously. </P> <P>Johnson moved to accept the write-ins as recommended by the County Clerk. Motion was seconded by McElhaney and carried unanimously. </P> <P>It should be noted that after the additional ballots were counted, the election outcome was not changed. </P> <P>No errors were found.</P> <P>Jones moved to adjourn the meeting; McElhaney seconded and the motion&nbsp;carried unanimously.</P> <P>&nbsp;</P> <P>&nbsp;___________________________&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Jere McElhaney, Vice Chair</P> <P>ATTEST:</P> <P>_____________________________&nbsp;&nbsp; ____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Charles Jones, Member<BR>&nbsp;&nbsp;&nbsp; </P> <P>&nbsp;</P>

<P><BR>&nbsp;<BR>Johnson called the regular session meeting to order at 6:35 p.m. on Wednesday, October 29, 2008 with all members present.&nbsp; </P> <P><STRONG>CONSENT AGENDA</STRONG><BR>There were no Consent Agenda items.</P> <P><STRONG>ECO2 &amp; BOARDS 10-29-08<BR></STRONG>The Board discussed recommendations from ECO2 Commission to make changes to ECO2 Plan, and discuss proposal for Baldwin Woods Open Space Project. Larry McElwain, Chairman; Bob Rhoton, Vice Chairman, and Trudy Rice, Member, were present for the discussion. McElwain explained that these recommended changes have come about after work that has been done in evaluating sites for both open space and industrial development. The changes are needed in order to bolster the plan and make it clearer and easier to evaluate.</P> <P>Jones questioned whether the recommendation was unanimous or split. McElwain stated that the recommendation was unanimous.</P> <P>Johnson questioned whether the Board felt like the agricultural community at large was on board with this. He stated that he would prefer that it be something like what the USDA guidelines are.</P> <P>Rhoton stated that they were not further defining Class I and Class II -- that is a USDA definition.</P> <P>Johnson stated that he understood that the City Commission is considering a change to Chapter 7 in the industrial section of Horizon 2020 and some of the proposed verbage speaks to the idea that you cannot have industrial development on Class I and Class II agricultural land. If that happens, we will have literally limited the ownership of that land to agricultural use. Do we run the risk of through the back door harming ECO2 by default making Class I and Class II agricultural land permanently designated as agricultural as opposed to any other use and thereby creating more open space than we need in our community. If by virtue of our industrial zoning, we preclude the right for anything other than agricultural, we have, in effect, created 10-20% of our county into open space.</P> <P>McElwain stated that the same thing was presented to the City, but this has not yet been scheduled on their agenda. He also stated that he hoped that ECO2 would be involved in that discussion.</P> <P>Johnson noted that while he is 100% in agreement with ECO2’s changes and definition of Class I and Class II being preserved for agriculture, he is not in favor of it being precluded from any other use through the Industrial Chapter of Horizon 2020. In order for ECO2 and its mission to be accomplished, somebody has to fund the acquisition of this space. How are you going to convince the governing body that they should use taxpayers’ money to fund something when by zoning you’ve precluded anything else happening1/2 Why would you as a commissioner sit here and agree to spend thousands of dollars to acquire Class I Class II farmland for open space when your other document says it can’t be anything but open space1/2</P> <P>Jones stated that he didn’t see that this has anything to do with the acquisition of land to preserve open space. The only thing this addresses is where you would preclude industrial development, but he wasn’t aware of anyone talking about spending money to acquire 8-10% of farmland.</P> <P>McElwain noted an example that if something with Class I or Class II soils was going to be used as industrial space, the Board might ask ECO2 as the city did on the 87 acre site, to run it through the numbers to see where the map comes out. Ultimately, it would then be in the County Commission and Planning Commission’s hands to determine whether to use it as industrial development. This is a guideline.</P> <P>Johnson stated that his issue wasn’t with this document, but with the zoning issue. We could, if in fact the zoning issues prevails and Class I/Class II soil cannot be used for industrial, we have by default created all the open space you need and there will be no justification for any governmental entity financing the acquisition of&nbsp; endangered Class I/Class II land for an ECO2 goal.</P> <P>McElwain suggested that ECO2 follow-up with the City regarding the proposed Chapter 7 amendments to see if maybe ECO2’s definition could be used to incorporate the proposed Chapter 7 amendments. </P> <P>It was the consensus of the Board to accept the suggested amendments, but to defer official action until the issues regarding the proposed Chapter 7 amendments to Horizon 2020 were resolved.</P> <P>PLANNING 10-29-08<BR>Consider approval of and authorization for the Chairman to sign the Lawrence-Douglas County Metropolitan Planning Organization Re-Designation Agreement for Cooperative Transportation Planning and selection of a voting member for the Re-Designated Lawrence-Douglas County Metropolitan Planning Organization. Todd Girdler, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented this item.</P> <P>Girdler explained that this agreement has been in the works for approximately fifteen (15) months. It has been extensively reviewed by the Metropolitan Planning Organization (MPO) Technical Advisory Committee (TAC) which includes representatives from the Kansas Department of Transportation, Federal Highway Administration, Federal Transit Administration, Lawrence-Douglas County Metropolitan Planning Commission and local governments in our metropolitan area. The draft agreement has also been reviewed by the Lawrence, Douglas County and KDOT legal staffs. </P> <P><BR>In 1982, when we became an MPO eligible area, a simple agreement was formed to designate the Lawrence-Douglas County Planning Commission as the entity to do and be the MPO. The last Federal Transportation Act Safe Accountable Flexible Efficient Transportation Equity Act, strongly encourages MPOs to be formed with a policy board composed primarily of local elected officials. Douglas County is the last of the Kansas MPOs to come forward with a redesignation to bring our entity into conformance with the current regulations. The MPO has two major functions. The first function is to be a regional forum for the discussion and prioritization of transportation projects and issues and to have that discussion at a regional scale. The second major function is to be a programmer of federal aid to implement what we’ve deemed necessary as needs and projects that are needed in the region. It has a very practical gatekeeper function for federal funding for highways and transit, but it also has this purpose of being this regional forum to discuss these transportation issues on a regional basis. With that in mind, it makes sense to have the local elected officials in the mix on the policy board.</P> <P>Jones stated that he was struggling with the representation. For example, an individual appointed to the Planning Commission has the same vote as the County Commission.&nbsp; With the combined population of Eudora, Lecompton and Baldwin being approximately 12,000, it d&#160;sn’t make sense that they have the same vote as someone representing 110,000.</P> <P>Girdler explained that MPOs are necessary because we have an urbanized area&nbsp; that has a population over 50,000. That’s the trigger for having an MPO. Most of that urbanized area is the City of Lawrence. There are two commissioners from the City of Lawrence and one from the County Commission. That was done in part because more than one County Commissioner would create a majority of the County Commission which would create open meetings issues. </P> <P>Jones suggested that the County Commissioner be granted two votes. He stated he felt like would be disproportionate. He also stated that he was not comfortable with an appointed individual having the same vote as an elected official.</P> <P>Johnson stated that he thought the theory is that the City is representing a population of approximately 80,000 with two representatives, theoretically, the County representative is representing all of the incorporated area who d&#160;s not have representation. He noted that he was not uncomfortable with the representation.</P> <P>Jones stated that he would like the County Commission’s votes to count the same as the City Commission. He felt like the City and County were equal partners in the transportation issues and the County’s vote should be as strong as the City’s vote. He requested that the Board defer action until a later date.</P> <P>No action was taken.</P> <P>&nbsp;<BR><STRONG>PLANNING &amp; BUILD-OUT PLANS 10-29-08</STRONG><BR>The Board discussed the Build-Out-Plan requirements and possible revisions to the policy. Linda Finger, Planning Resource Coordinator, was present for the discussion. </P> <P>Finger explained that the Commission had asked for a report on the additional cost that a Build-Out Plan adds to the Certificate of Survey process and if there is a way to minimize or reduce this cost while still achieving future planning for property within the Urban Growth Area (UGA). </P> <P>The following is an illustrative table of comparative costs:</P> <DIV align=center> <TABLE class=MsoTableGrid style="BORDER-RIGHT: medium none; BORDER-TOP: medium none; BORDER-LEFT: medium none; BORDER-BOTTOM: medium none; BORDER-COLLAPSE: collapse; mso-border-alt: solid windowtext .5pt; mso-yfti-tbllook: 480; mso-padding-alt: 0in 5.4pt 0in 5.4pt; mso-border-insideh: .5pt solid windowtext; mso-border-insidev: .5pt solid windowtext" cellSpacing=0 cellPadding=0 border=1> <TBODY> <TR style="mso-yfti-irow: 0"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: windowtext 1pt solid; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 81.9pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt" width=109> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: justify; tab-stops: 0in"><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial; FONT-VARIANT: small-caps"><FONT size=2>Survey Cost&#160;<o:p></o:p></FONT></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: windowtext 1pt solid; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 148.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" width=198> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: justify; tab-stops: 0in"><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial; FONT-VARIANT: small-caps"><FONT size=2>Build-Out Plan (BOP) Cost<o:p></o:p></FONT></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: windowtext 1pt solid; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 1in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" width=96> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: justify; tab-stops: 0in"><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial; FONT-VARIANT: small-caps"><FONT size=2>Total Cost<o:p></o:p></FONT></SPAN></B></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: windowtext 1pt solid; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 2.2in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt" width=211> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: justify; tab-stops: 0in"><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial; FONT-VARIANT: small-caps"><FONT size=2>Increase in Total Cost with a Build-Out Plan<o:p></o:p></FONT></SPAN></B></P></TD></TR> <TR style="mso-yfti-irow: 1"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 81.9pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" width=109> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: justify; tab-stops: 0in"><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: Arial">$2000<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 148.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" width=198> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: justify; tab-stops: 0in"><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: Arial">$1500<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 1in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" width=96> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: justify; tab-stops: 0in"><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: Arial">$3500<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 2.2in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" width=211> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: justify; tab-stops: 0in"><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: Arial">43%<o:p></o:p></SPAN></P></TD></TR> <TR style="mso-yfti-irow: 2"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 81.9pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" width=109> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: justify; tab-stops: 0in"><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: Arial">$3500<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 148.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" width=198> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: justify; tab-stops: 0in"><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: Arial">$1500<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 1in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" width=96> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: justify; tab-stops: 0in"><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: Arial">$5000<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 2.2in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" width=211> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: justify; tab-stops: 0in"><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: Arial">30%<o:p></o:p></SPAN></P></TD></TR> <TR style="mso-yfti-irow: 3; mso-yfti-lastrow: yes"> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: windowtext 1pt solid; WIDTH: 81.9pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" width=109> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: justify; tab-stops: 0in"><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: Arial">$5000<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 148.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" width=198> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: justify; tab-stops: 0in"><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: Arial">$3000<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 1in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" width=96> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: justify; tab-stops: 0in"><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: Arial">$8000<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: windowtext 1pt solid; PADDING-RIGHT: 5.4pt; BORDER-TOP: #d4d0c8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #d4d0c8; WIDTH: 2.2in; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1pt solid; BACKGROUND-COLOR: transparent; mso-border-alt: solid windowtext .5pt; mso-border-left-alt: solid windowtext .5pt; mso-border-top-alt: solid windowtext .5pt" width=211> <P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: justify; tab-stops: 0in"><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: Arial">39%<o:p></o:p></SPAN></P></TD></TR></TBODY></TABLE></DIV> <P>Finger explained that she asked the surveyors and engineers what could have been done to reduce the cost. Their response was that reducing the detail from lots to streets and blocks would reduce the cost by about 50%. Getting down to the detail of the lots and easements along lots is what they put so much time into.</P> <P>Jones asked whether Finger saw any drawback in becoming more general in the information request.</P> <P>Finger stated she and the Scott McCollough, Director of the Lawrence-Douglas County Metropolitan Planning Department, felt that it was really more helpful to be more general. It would still meet the planning goals for connectivity without asking for an unreasonable level of detail that may never materialize.</P> <P>Jones stated that he could see where it could be an advantage to the landowner to know where the lot lines would lie so they don’t build their house between two lots. However, that’s up to them to decide.</P> <P>Johnson stated that the real objective was to discourage the likelihood that buildings would be built in what ought to be road right-of-way, sewer easement or power line easement. If we can do that, then we’ve done a giant step toward the orderly development in the future.</P> <P>Johnson questioned whether it was a reasonable expense to put on the property owner even after reducing the cost for the Build-Out Plan by 50% (the survey costs would remain the same).</P> <P>Finger stated she felt like it was a reasonable expense.</P> <P>Johnson noted that since these text amendments will need to be presented to the Planning Commission at their December meeting, then return to the County Commission for final approval, he would like to be able to administratively approve any potential Build-Out Plans during the interim.</P> <P>Finger suggested that a directive to the Planning Director indicating that desire be included in the motion.</P> <P>Johnson made a motion to initiate the proposed amendments to the Build-Out Plan requirements as outlined in Linda Finger’s memorandum dated October 29, 2008, including the definition for Build-Out plan in the Subdivision Regulations and that the County Administrator be directed to notify the Planning Director that the County Commission would like to have the appeal opportunity on any Build-Out Plans in process or that are submitted during the time from this initiation forward once they have been denied if they don’t go to the lot level.&nbsp; Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>ACCOUNTS PAYBLE 10-29-08</STRONG><BR>Jones moved to approve accounts payable in the amount of $12,679.78 to be paid on 10/31/08. Motion was seconded by Johnson and carried unanimously.</P> <P>&nbsp;Jones moved to adjourn the meeting; Johnson seconded and the motion&nbsp;carried unanimously.&nbsp; </P> <P>&nbsp;<BR>&nbsp;____________________________&nbsp;&nbsp;&nbsp; ____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Jere McElhaney, Vice-Chair</P> <P>ATTEST:</P> <P>_____________________________&nbsp;_____________________________&nbsp;&nbsp; <BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member</P>

<P>Johnson called the regular session meeting to order at 8:30 a.m. on Monday October 27, 2008 with all members present.&nbsp; </P> <P>Johnson moved to approve the minutes of September 29, October 15 and October 20, 2008 as amended. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>CONSENT AGENDA 10-27-08</STRONG><BR>McElhaney moved approval of the following Consent Agenda:<BR>&nbsp; <BR>&#9658;&nbsp; Resolution 08-44 adopting an amended and restated Douglas County Sanitary Code; <BR>&#9658; Contracts for highway purposes for Project No. 2007-13 for the following property owners for 547-Route 438 – N1800 Road: Wint Winter, Jr, President, Winter School Preservation, Inc.; Madeline Jane Triplett; Delbert A Leistra and Wilma Leistra; Ronald L. and Mary A Bereiter; L.L. Baugher; and<BR>&#9658; Acknowledgement of September 2008 Fee Reports.</P> <P>Motion was seconded by Johnson and carried unanimously.&nbsp; </P> <P><STRONG>APPRAISER 10-27-08<BR></STRONG>The Board considered a request from the Appraiser’s office to purchase oblique photography of 132 sections, or 86% of the parcels in Douglas County and the Electronic Field Study (EFS) software to utilize the data. Dennis Albers, GIS Department; Marion Johnson, Douglas County Appraiser; and Jim Lawson, Director of Information Technology, were present for the discussion. Oblique photography is used by the Appraiser’s office to do in-house field checks and allows staff to measure buildings and determine the area without leaving the office. It provides an angular view of property at approximately 40 degrees and provides a 360-degree view around each building. This type of photography can be utilized by law enforcement in the field during tactical situations.&nbsp; </P> <P>Marion Johnson commented that his office requires a fly over every two years and would have to purchase new photography in 2009 if this package was not approved. </P> <P>Kay Pesnell, Register of Deeds, stated it would be appropriate for the funds to come out of the technology fund as the purchase would initially be for the Appraiser’s office, even though other departments can use the software.&nbsp; </P> <P>A proposal of $56,600 was submitted by Pictometry International Corporation and includes both the oblique photography and EFS software and two-years of maintenance. The software is proprietary and can only be purchased through Pictometry International. Therefore, staff is asking the Board to waive the bidding process.&nbsp; </P> <P>After further discussion, Johnson moved to authorize the Board to approve the proposed $56,600 submitted by Pictometry International Corporation for new oblique photography and the Electronic Field Study software and to waive the formal bidding process as Pictometry International is a sole source provider of the software. Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>ACCOUNTS PAYBLE 10-27-08</STRONG><BR>Johnson moved to approve accounts payable in the amount of $288,616.08 to be paid on 10/27/08. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>APPOINTMENTS 10-27-08</STRONG><BR>McElhaney moved to approve the following one-year appointments to the Douglas County Fairboard: Benito Delgado, Eudora, Kansas will replace Jim Gabriel when his term expires January 31, 2009.; Andy Booth, Lawrence, Kansas, will replace Kim Booth when her term expires on January 31, 2009; and Julie Flory, Overbrook, Kansas, will replace Lee Queen when his term expires January 31, 2009; and to approve C B Brumm, Baldwin City, Kansas, to fill the unexpired term of Lisa Pattrick, who resigned in August 2008, and to serve a full one-year term beginning February 1, 2009 and expiring on January 31, 2010; and McElhaney also moved to approve additional one-year terms to the board for the following current board members with terms to expire January 31, 2010: Tara Flory, City of Lawrence; Doug Berg, Clinton Township; Jane Bireta, Grant Township; Chris Creek, Lecompton Township; Charlie Garzillo, Willow Springs Township; and John Hale, Kanwaka Township. Motion was seconded by Johnson and carried unanimously.</P> <P><STRONG>EXECUTIVE SESSION 10-27-08<BR></STRONG>At 9:10 a.m., McElhaney moved that the Board recess into executive session for 40 minutes to discuss a personnel matter. Motion was seconded by Johnson and carried unanimously. At 10:50 a.m., Johnson moved for the Board to return to regular session; Jones seconded and the motion was carried unanimously. No action was taken.</P> <P>Jones moved to adjourn the meeting; Johnson seconded and the motion&nbsp;carried unanimously.&nbsp; </P> <P>&nbsp;<BR>&nbsp;____________________________&nbsp;&nbsp;&nbsp;&nbsp; ____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Jere McElhaney, Vice-Chair</P> <P>ATTEST:</P> <P>_____________________________&nbsp;&nbsp;&nbsp; _____________________________&nbsp;&nbsp; <BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member<BR></P>

<P>&nbsp;<BR>Johnson called the regular session meeting to order at 6:35 p.m. on Wednesday, November 19, 2008 with all members present. </P> <P><STRONG>CONSENT AGENDA 11-19-08</STRONG><BR>Jones moved approval of the following Consent Agenda:<BR>&nbsp; <BR>&#9658;&nbsp;&nbsp; Commission Order No. 08-068 (on file with the office of the Clerk).</P> <P>Motion was seconded by McElhaney and carried 3-0. </P> <P><STRONG>PUBLIC WORKS 11-19-08</STRONG><BR>The Board considered the relocation of a portion of N2190 Road, 440E to 452E. The original roadway was intended to be centered at the section line, but when the road was constructed, those building the road chose to go around a hill rather than over it or through it. This issue was identified during a Certificate of Survey process. A resolution was been prepared that will relocate the road’s official description to the location as traveled. The property owners, Allen E. Tollefson Trustees and Mary M Tollefson, will dedicate the road right-of-way for the road as traveled in return for vacating the right-of-way that is untraveled. Michael Kelly, County Surveyor and Linda Finger, Planning Coordinator, were present for the discussion. </P> <P>McElhaney moved to approve the adoption of Resolution 08-45 relocating a portion of N2190 Road. Motion was seconded by Jones and carried 3-0. </P> <P><STRONG>PUBLIC WORKS 11-19-08</STRONG> <BR>The Board considered the approval of a 45-mph design speed for the 31st Street Concept Study, from Haskell Avenue to Route 1057. Keith Browning, Director of Public Works, was present for the discussion. Browning stated it is recommended for the County portion from O’Connell Road to Route 1057 to be designed for a 45-mph limit. The design speed could be reduced in the future during final design if deemed appropriate.&nbsp; If the County assumed a slowed design now, and later proposed to increase the speed limit, additional right-of-way would be required. According to Browning, the difference in cost is in the dirt work. </P> <P>Johnson stated he is in favor of the 45 mph recommendation. Choosing a lower standard now, will make it almost impossible to increase the standard in the future.&nbsp; </P> <P>McElhaney commented that this road has been in the plan for quite some time. The County’s job is to move traffic safely. He also commented that he has great confidence in the 45-mph design and those recommending it. It is up to the individual person to choose to drive at the 45-mph limit. </P> <P>Jones stated feels the Board should wait on costs. He commented that if the City takes the lead on this project, they will tell us what to do. He feels a split vote will give the City Commission room for discussion. </P> <P>Jones asked Browning if the 31st Street extension is a principal arterial road. Browning stated it is and the County can enforce the access management regulations along that alignment. Jones asked Browning if he is confident that this will be sufficient protection to make sure there is no development along this road. Browning stated “yes” but he would feel better when all the right-of-way is acquired.</P> <P>Johnson moved to approve the 45-mph design speed for completion of the 31st Street Concept Study. Motion was seconded by McElhaney and carried 2-1 with Jones in opposition. </P> <P>Johnson moved to approve the recommend alignment as approved by the Community Steering Committee and the Director of Public Works. Motion was seconded by Jones and carried 3-0.</P> <P>Note: Commission will aggressively enforce the access management standards in order to preserve and protect the preferred alignment. </P> <P><STRONG>PUBLIC WORKS 11-19-08</STRONG><BR>The Board considered the approval of oversized and overweight load permitting regulations for Douglas County. Keith Browning, Director of Public Works, was present for the discussion. The current permitting process has been in effect since March 1972.&nbsp; The proposed regulations:</P> <P>-&nbsp;Requires a permit to operate a vehicle exceeding the maximum weight and/or size stipulated in the Kansas Statutes on county and township roads,<BR>-&nbsp;Delegates permitting authority to the Public Works Director,<BR>-&nbsp;Authorizes the Public Works Director to determine the procedure and application form for obtaining a permit,<BR>-&nbsp;Establishes a permitting fee,<BR>-&nbsp;Stipulates the permit application must be submitted no later than three (3) working days prior to the requested move date,<BR>-&nbsp;Establishes a 14-day permit term,<BR>-&nbsp;Increases the security deposit from $500 to $1,000, and<BR>-&nbsp;Establishes penalties for noncompliance.</P> <P>The proposed permit fee of $50 plus $10/mile travel length is intended to substantially recover department costs from oversize load moves. Browning stated the permitting process provides more detailed information for determining a route if there are bridges that can’t handle the weight. The Board also discussed the increased deposit fee and who is impacted from the increase. </P> <P>Jones moved to approve Resolution HR-08-11-3 requiring permits for oversize and overweight vehicles; delegating permitting authority to the Director of Public Works; and providing for penalties and enforcement. Motion was seconded by Johnson and carried 3-0.</P> <P><STRONG>ACCOUNTS PAYBLE 11-19-08</STRONG><BR>Johnson moved to approve an accounts payable in the amounts of $278,080.76 paid on 11/17/08; $498,188.88 to be paid on 11/24/08; and a manual check for $200.00 paid on 11/08/08. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>APPOINTMENT 11-19-08</STRONG><BR>Jones moved approval to authorize John Pendleton to fill in for Dean Neider, County Auditor, while Neider is on vacation. Motion was seconded by McElhaney and carried 3-0. </P> <P>Johnson moved to adjourn the meeting; Jones seconded and the motion carried.&nbsp; </P> <P>&nbsp;</P> <P>____________________________&nbsp;&nbsp;&nbsp; &nbsp;____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp; Jere McElhaney, Vice Chair</P> <P>ATTEST:</P> <P>_____________________________&nbsp;&nbsp; ____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Charles Jones, Member<BR>&nbsp;&nbsp;&nbsp; </P> <P>&nbsp;</P>

<P><BR>Johnson called the regular session meeting to order at 8:30 a.m. on Monday November 24, 2008 with two members present. Jones was absent.&nbsp; </P> <P><STRONG>CONSENT AGENDA 11-24-08</STRONG><BR>McElhaney moved approval of the following Consent Agenda:<BR>&nbsp; <BR>&#9658;&nbsp; Community Corrections Act Agencies Application for FY2008 Unexpended Funds;&nbsp; <BR>&#9658;&nbsp;Notice to Townships for Cereal Malt Beverage Notices for Flamingo Enterprises and Flamingo Enterprises/The Bird; <BR>&#9658;&nbsp;Class “B” Club Occupational License for The Bird of Lawrence; and<BR>&#9658;&nbsp;Core Retention Allocation for FY2009-Juvenile Intake and Assessment $1,292.08 and DCYS $9,475.32 for a total of $10,767.40 Core Programs Money Carried Over from 2008 Budget.</P> <P>Motion was seconded by Johnson and carried 2-0.</P> <P><STRONG>EXECUTIVE SESSION 11-24-08</STRONG><BR>At 8:40 a.m., Johnson moved that the Board recess into executive session for 20 minutes to discuss with the County Counselor, a litigation matter. Attendees included: Evan Ice, County Counselor; Craig Weinaug, County Administrator; and Pam Madl, Assistant County Administrator. </P> <P>At 9:00 a.m., the Board continued their session for 60 minutes with another matter regarding zoning violations. Other attendees included: Craig Weinaug, County Administrator; Evan Ice, County Counselor; Pam Madl, Assistant County Administrator; and Keith Dabney, Director of Zoning and Codes.</P> <P>At 10: 00 a.m., Johnson moved for the Board to return to regular session; McElhaney seconded and the motion was carried 2-0. No action was taken on either matter. </P> <P>Johnson moved to adjourn the meeting; McElhaney seconded and the motion&nbsp;carried unanimously.&nbsp; </P> <P>&nbsp;<BR>&nbsp;____________________________&nbsp;&nbsp; &nbsp;____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp; Jere McElhaney, Vice Chair&nbsp; </P> <P>ATTEST:</P> <P>_____________________________&nbsp;&nbsp; <BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp; </P> <P>&nbsp;</P>

<P>&nbsp;<BR>Johnson called the regular session meeting to order at 8:30 a.m. on Monday December 1, 2008 with all members present.&nbsp; </P> <P><STRONG>CONSENT AGENDA 12-01-08<BR></STRONG>Jones moved approval of the following Consent Agenda:<BR>&nbsp; <BR>&#9658;&nbsp;&nbsp; Authorize the execution of agreement between Douglas County and the City of Lawrence for use of 4-H Fairgrounds Baseball facilities.</P> <P>Motion was seconded by McElhaney and carried unanimously.</P> <P>Item pulled from the Consent Agenda:<BR><STRONG>PURCHASING &amp; REGISTER OF DEEDS 12-01-08</STRONG><BR>The Board considered the approval of accessing the contract for three Document Preservation Projects for the Register of Deeds office. In September 2008, the Board awarded a contract to Microfilm &amp; Imaging for all document preservation services after participating in a cooperative bidding process through Mid-America Regional Council (MARC).&nbsp; The three projects are as follows:<BR>-&nbsp;Project 1: 123 data books (approximately 78,720 images); scan, index, microfilm (silver &amp; diazo duplicate), digitize to CD;<BR>-&nbsp;Project 2: redo 162 rolls of microfilmed deed books (approx. 324,000 images, no hard copies) microfilm (silver &amp; diazo duplicate), digitize to CD; and<BR>-&nbsp;Project 3: 60 years of school records: scan to digital images (approx. 16, 275 images), index, microfilm (silver &amp; diazo duplicate), digitize to DVD; Purchase 83 industructo binders &amp; 13, 154 mylar sheets, including shipping; and Labor cost.</P> <P>Total cost is estimated at $67,458.35.</P> <P>Kay Pesnell, Register of Deeds, was present for the discussion. McElhaney pulled the item from the Consent Agenda because he questioned why the Register of Deeds’ office was filming school records. Pesnell explained that she is required by law to store the records and the pages are deteriorating. Scanning is the best option for preservation.</P> <P>After further discussion, McElhaney moved to authorize the Register of Deeds to access the Document Preservation Contract with Microfilm &amp; Imaging of Kansas City for an estimated cost of $67,458.35. Motion was seconded by Jones and carried unanimously. </P> <P><STRONG>PUBLIC WORKS 12-01-08<BR></STRONG>Jones moved approval of road right-of-way contracts for project No. 2007-13, the improvement of County Route 438 from 625E to 850E, also known as the farmer’s turnpike, for a total contract amount of $15,550.00. Contracts for Road No. 547 – Route 438 – N 1800 Road, Project No. 2007-13 are with the following property owners: Helga E. Patterson, 7545 N 1800 Road, Lecompton, KS 66050, Tract No. 5; Douglas C. and Margie L. Hinrichsen, 768 N. 1800 Road, Lecompton, KS 66050, Tract No. 7; Danny Coyne, 755 N 1800 Road, Lecompton, KS 66050, Tract No. 17; and Barbara Susan Brotsman Dreger and John Brian Dreger, 2426 Louisiana Street, Lawrence, Kansas, 66046, Tract No. 14.&nbsp; Motion was seconded by McElhaney and carried unanimously. <BR>&nbsp;<BR><STRONG>PURCHASING 12-01-08<BR></STRONG>The Board considered authorizing staff to participate in a fixed fuel option with Capitol City Oil on a trial basis. Jackie Waggoner, Purchasing Director;&nbsp; Mike Perkins, Operations Manager; and Nelson Neihardt, Capital City Oil, were present for the discussion. In December 2006, the Board approved the current fuel contract using a “fixed cost plus” approach over the daily Oil Producer Index Survey (OPIS). The fixed price contract provides a way to budget fuel costs and statistically offer cost savings by Capital City purchasing diesel fuel in December 2008 based on volumes from participating agencies. Under this option, the County would commit to how many gallon they want at the prices offered per quarter, electing only to commit to gallons during the quarter when our volumes are highest. Staff recommends that instead of committing to 100% of our diesel fuel volume, we start with approximately 50% (37,000 gallons). Next year, Purchasing would bring back the results of the trial, and discuss future participation. </P> <P>McElhaney commented that he would like to see the bulk of county fuel stored on site. Perkins responded that we do not have the storage space at this time. The proposed rate would be fixed by quarter and we would see a reduction overall. Waggoner stated we have looked into having our own tanks, but we are getting better prices without the overhead costs. </P> <P>Jones stated that in a rising market, fixed prices save money, and in a falling market we would pay more. Perkins confirmed that information is correct. </P> <P>Jones moved to authorized staff to participate in a fixed price contract for diesel fuel on a trial basis through Capital City Oil. Motion was seconded by McElhaney and carried unanimously. </P> <P><STRONG>PERSONNEL 12-01-08<BR></STRONG>The Board considered the recommended 2009 County Employee Holiday Schedule. The recommend holidays are:</P> <P> <TABLE class=MsoTableGrid style="BORDER-RIGHT: medium none; BORDER-TOP: medium none; MARGIN: auto auto auto 36.9pt; BORDER-LEFT: medium none; BORDER-BOTTOM: medium none; BORDER-COLLAPSE: collapse; mso-border-alt: solid windowtext .5pt; mso-yfti-tbllook: 480; mso-padding-alt: 0in 5.4pt 0in 5.4pt; mso-border-insideh: .5pt solid windowtext; mso-border-insidev: .5pt solid windowtext" cellSpacing=0 cellPadding=0 border=1> <TBODY> <TR style="mso-yfti-irow: 0"> <TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #ece9d8; WIDTH: 202.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent" vAlign=top width=270> <P class=MsoBodyText style="MARGIN: 0in 0in 0pt; tab-stops: .25in .5in 131.85pt 229.5pt 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in 7.75in 8.0in 8.5in 9.0in 9.5in 10.0in 10.5in 11.0in 11.5in 12.0in 12.5in 13.0in"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-size: 12.0pt">New Year’s Day&#160;<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #ece9d8; WIDTH: 211.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent" vAlign=top width=282> <P class=MsoBodyText style="MARGIN: 0in 0in 0pt; tab-stops: .25in .5in 131.85pt 229.5pt 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in 7.75in 8.0in 8.5in 9.0in 9.5in 10.0in 10.5in 11.0in 11.5in 12.0in 12.5in 13.0in"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-size: 12.0pt">Thursday, January 1<o:p></o:p></SPAN></P></TD></TR> <TR style="mso-yfti-irow: 1"> <TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #ece9d8; WIDTH: 202.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent" vAlign=top width=270> <P class=MsoBodyText style="MARGIN: 0in 0in 0pt; tab-stops: .25in .5in 131.85pt 229.5pt 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in 7.75in 8.0in 8.5in 9.0in 9.5in 10.0in 10.5in 11.0in 11.5in 12.0in 12.5in 13.0in"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-size: 12.0pt">Martin Luther King’s Day<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #ece9d8; WIDTH: 211.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent" vAlign=top width=282> <P class=MsoBodyText style="MARGIN: 0in 0in 0pt; tab-stops: .25in .5in 131.85pt 229.5pt 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in 7.75in 8.0in 8.5in 9.0in 9.5in 10.0in 10.5in 11.0in 11.5in 12.0in 12.5in 13.0in"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-size: 12.0pt">Monday, January 19<o:p></o:p></SPAN></P></TD></TR> <TR style="mso-yfti-irow: 2"> <TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #ece9d8; WIDTH: 202.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent" vAlign=top width=270> <P class=MsoBodyText style="MARGIN: 0in 0in 0pt; tab-stops: .25in .5in 131.85pt 229.5pt 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in 7.75in 8.0in 8.5in 9.0in 9.5in 10.0in 10.5in 11.0in 11.5in 12.0in 12.5in 13.0in"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-size: 12.0pt">Memorial Day<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #ece9d8; WIDTH: 211.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent" vAlign=top width=282> <P class=MsoBodyText style="MARGIN: 0in 0in 0pt; tab-stops: .25in .5in 131.85pt 229.5pt 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in 7.75in 8.0in 8.5in 9.0in 9.5in 10.0in 10.5in 11.0in 11.5in 12.0in 12.5in 13.0in"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-size: 12.0pt">Monday, May 25<o:p></o:p></SPAN></P></TD></TR> <TR style="mso-yfti-irow: 3"> <TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #ece9d8; WIDTH: 202.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent" vAlign=top width=270> <P class=MsoBodyText style="MARGIN: 0in 0in 0pt; tab-stops: .25in .5in 131.85pt 229.5pt 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in 7.75in 8.0in 8.5in 9.0in 9.5in 10.0in 10.5in 11.0in 11.5in 12.0in 12.5in 13.0in"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-size: 12.0pt">Fourth of July<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #ece9d8; WIDTH: 211.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent" vAlign=top width=282> <P class=MsoBodyText style="MARGIN: 0in 0in 0pt; tab-stops: .25in .5in 131.85pt 229.5pt 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in 7.75in 8.0in 8.5in 9.0in 9.5in 10.0in 10.5in 11.0in 11.5in 12.0in 12.5in 13.0in"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-size: 12.0pt">Friday, July 3<o:p></o:p></SPAN></P></TD></TR> <TR style="mso-yfti-irow: 4"> <TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #ece9d8; WIDTH: 202.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent" vAlign=top width=270> <P class=MsoBodyText style="MARGIN: 0in 0in 0pt; tab-stops: .25in .5in 131.85pt 229.5pt 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in 7.75in 8.0in 8.5in 9.0in 9.5in 10.0in 10.5in 11.0in 11.5in 12.0in 12.5in 13.0in"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-size: 12.0pt">Labor Day<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #ece9d8; WIDTH: 211.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent" vAlign=top width=282> <P class=MsoBodyText style="MARGIN: 0in 0in 0pt; tab-stops: .25in .5in 131.85pt 229.5pt 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in 7.75in 8.0in 8.5in 9.0in 9.5in 10.0in 10.5in 11.0in 11.5in 12.0in 12.5in 13.0in"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-size: 12.0pt">Monday, September 7<o:p></o:p></SPAN></P></TD></TR> <TR style="mso-yfti-irow: 5"> <TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #ece9d8; WIDTH: 202.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent" vAlign=top width=270> <P class=MsoBodyText style="MARGIN: 0in 0in 0pt; tab-stops: .25in .5in 131.85pt 229.5pt 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in 7.75in 8.0in 8.5in 9.0in 9.5in 10.0in 10.5in 11.0in 11.5in 12.0in 12.5in 13.0in"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-size: 12.0pt">Thanksgiving<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #ece9d8; WIDTH: 211.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent" vAlign=top width=282> <P class=MsoBodyText style="MARGIN: 0in 0in 0pt; tab-stops: .25in .5in 131.85pt 229.5pt 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in 7.75in 8.0in 8.5in 9.0in 9.5in 10.0in 10.5in 11.0in 11.5in 12.0in 12.5in 13.0in"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-size: 12.0pt">Thursday-Friday, November 26-27<o:p></o:p></SPAN></P></TD></TR> <TR style="mso-yfti-irow: 6"> <TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #ece9d8; WIDTH: 202.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent" vAlign=top width=270> <P class=MsoBodyText style="MARGIN: 0in 0in 0pt; tab-stops: .25in .5in 131.85pt 229.5pt 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in 7.75in 8.0in 8.5in 9.0in 9.5in 10.0in 10.5in 11.0in 11.5in 12.0in 12.5in 13.0in"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-size: 12.0pt">Christmas<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #ece9d8; WIDTH: 211.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent" vAlign=top width=282> <P class=MsoBodyText style="MARGIN: 0in 0in 0pt; tab-stops: .25in .5in 131.85pt 229.5pt 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in 7.75in 8.0in 8.5in 9.0in 9.5in 10.0in 10.5in 11.0in 11.5in 12.0in 12.5in 13.0in"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-size: 12.0pt">Thursday-Friday, December 24-25<o:p></o:p></SPAN></P></TD></TR> <TR style="mso-yfti-irow: 7; mso-yfti-lastrow: yes"> <TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #ece9d8; WIDTH: 202.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent" vAlign=top width=270> <P class=MsoBodyText style="MARGIN: 0in 0in 0pt; tab-stops: .25in .5in 131.85pt 229.5pt 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in 7.75in 8.0in 8.5in 9.0in 9.5in 10.0in 10.5in 11.0in 11.5in 12.0in 12.5in 13.0in"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-size: 12.0pt">One (1) Personal Discretionary Day<o:p></o:p></SPAN></P></TD> <TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 5.4pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 5.4pt; PADDING-BOTTOM: 0in; BORDER-LEFT: #ece9d8; WIDTH: 211.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent" vAlign=top width=282> <P class=MsoBodyText style="MARGIN: 0in 0in 0pt; tab-stops: .25in .5in 131.85pt 229.5pt 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in 6.5in 7.0in 7.5in 7.75in 8.0in 8.5in 9.0in 9.5in 10.0in 10.5in 11.0in 11.5in 12.0in 12.5in 13.0in"><SPAN style="FONT-FAMILY: Arial; mso-bidi-font-size: 12.0pt"><o:p>&nbsp;</o:p></SPAN></P></TD></TR></TBODY></TABLE></P> <P>Jones moved approval of the 2009 County Holiday Schedule. Motion was seconded by McElhaney and carried unanimously.<BR>&nbsp;<BR><STRONG>PERSONNEL 12-01-08</STRONG><BR>The Board discussed the budgeted amount of 1% for the 2009 County cost-of-living wage adjustment. Pam Madl, Assistant County Administrator, studied the Consumer Price Index (CPI) regionally and for the Kansas City MO-KS area. The CPI specifically for the Kansas City area increased by 4.0% from the first half of 2007 to the first half of 2008. It increased by 2.6% when using the numbers from the 2nd half of 2007 as compared to the first half of 2008. </P> <P>After discussion, Jones moved to approve a 1% wage adjustment as allowed under the 2009 budget which has an approximate value of $171,500. Motion was seconded by McElhaney and carried unanimously. </P> <P><STRONG>PLANNING 12-01-08</STRONG><BR>Scott McCullough, Director of the Planning Department, made a presentation to the Board outlining the status of various planning issues coming to the Commission before the end of 2008 and he also discussion items that will continue into 2009. <BR>&nbsp;<BR><STRONG>MISCELLANEOUS &amp; CHAMBER 12-01-08<BR></STRONG>The Board discussed the approval of payments for support of the Kansas University (KU) Small Business Office for 2004 and 2005. For the past 10 years, the County has made contribution payments to the Chamber for the KU Small Business Office and these payments have been matched by the City and the Chamber. It was recently discovered that the Chamber has not billed the County or City of Lawrence for their contributions since 2003. It was agreed by the City and County Commissioners to share in the responsibility for the situation with the following resolutions:</P> <P>Total amount budgeted by the City for 2004 and 2005:&nbsp;&nbsp;$35,000<BR>Total amount budgeted by the County for 2004 and 2005: &nbsp;$35,000<BR>Total Amount&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;$70,000&nbsp;&nbsp; <BR>&nbsp;<BR>The $70,000 would be divided equally between the City, County and KU each paying $23,333.</P> <P>Jones moved to authorize a payment directly to the KU Small Business Office in the amount of $23,333 from the 2008 budget. Motion was seconded by Johnson and carried unanimously. </P> <P><STRONG>ACCOUNTS PAYBLE 12-01-08</STRONG><BR>Jones moved to approve accounts payable in the amount of $172,051.98 to be paid on 12/01/08;&nbsp; payroll in the amounts of $747,589.02 paid on 10/23/08, $823,512.99 paid on 11/06/08, $832,755.10 paid on 11/20/08 and $3,562.19 paid on 11/26/08; KPERS in the amounts of $64,978.40 paid on 10/24/08, $70,209.25 paid on 11/07/08, and $70,147.94 paid on 11/21/08; and FICA in the amounts of $54,838.64 paid on 10/24/08,&nbsp; $59,922.97 paid on 11/07/08 and $60,604.70 paid on 11/21/08. Motion was seconded by Johnson and carried unanimously.</P> <P>Jones moved to adjourn the meeting; Johnson seconded and the motion&nbsp;carried unanimously.&nbsp; </P> <P>&nbsp;<BR>&nbsp;____________________________&nbsp; ____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member</P> <P>ATTEST:</P> <P>_____________________________&nbsp;&nbsp; <BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp; </P> <P>&nbsp;</P>

<P><BR>Johnson called the regular session meeting to order at 6:00 p.m. on Wednesday, November 12, 2008 with two members present. McElhaney joined the meeting at&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; a later time.&nbsp; </P> <P><STRONG>EXECUTIVE SESSION 11-12-08</STRONG><BR>At 6:00 p.m., Johnson moved that the Board recess into executive session for 30 minutes to discuss a matter regarding Douglas County right-of-way purchases. Other attendees included: Craig Weinaug, County Administrator; and Michael Kelly, Douglas County Surveyor.&nbsp; Motion was seconded by Jones and carried 2-0. McElhaney arrived during the executive session. </P> <P>At 6:20 p.m., Johnson moved for the Board to return to regular session; Jones seconded and the motion was carried 2-0.&nbsp; </P> <P>Jones moved to approve Right-of-Way Contracts for Highway Purposes for Project No. 2007-13; Road No. 547 – Route 438 – N 1800 Road for the following property owners: James D Ens and Kim A. Ens, Lecompton, Tract No. 6 .0561 acres; Heritage Baptist Church, Inc., a Kansas corporation, Lecompton, Tract No. 15, 02058 acres; Heritage Baptist Church, Inc., a Kansas corporation, Tract No. 13, .7784 acres; and Donald M Fuston, Trustee of the Donald M. Fuston Trust dated February 13, 1997; and Margaret G. Fuston Trustee of the Margaret G. Fuston Trust dated February 13, 1997, Lawrence, Tract Nos. 11 &amp; 12, .3460 acres. Motion was seconded by Johnson and carried 2-0. McElhaney abstained from the voting as the relocation of fence due to the right-of-way contracts might result in business for McElhaney Fence.</P> <P><STRONG>GIS 11-12-08</STRONG><BR>The Board considered approval for staff to participate in a cooperative bidding process for new orthophotography. Dennis Albers, GIS Department, was present for the discussion. Douglas County last updated its orthophotography in 2006 and it is recommended that updates be done every 3-4 years. Orthophotography provides a bird’s eye view of the property looking down. It is utilized by the Emergency Communications department when assisting emergency personnel; Zoning, Public Works, County Commission, Appraiser’s Office and the Sheriff’s Office. By participating in a cooperative bidding process with Shawnee, Jefferson and Leavenworth Counties, staff anticipates a 10-15% cost savings. Funds are available in the Technology Fund. </P> <P>Johnson opened the item for public comment. No comment was received.<BR>Jones moved to authorize staff to participate in a cooperative bid for new orthophotography. Motion was seconded by McElhaney and carried 3-0.</P> <P><STRONG>CONSENT AGENDA 11-12-08</STRONG><BR>Johnson moved approval of the following Consent Agenda:<BR>&nbsp; <BR>&#9658;&nbsp;&nbsp; Commission orders 08-066 and 08-067 (file with the office of the Clerk).</P> <P>Motion was seconded by Jones and carried 3-0. <BR>&nbsp;<BR><STRONG>PLANNING 11-12-08</STRONG><BR>The Board considered the approval of CUP-09-06-08, a Conditional Use Permit for an Aircraft Landing Area, located at 2142 N 300 Road, approximately three miles east of Baldwin City. The area is zoned A (Agriculture) and agriculture is the predominate land use, however, the property nearby has been divided through the 5-acre exemption into parcels for residential development. The application was submitted by Justin and Penny Johnson, property owners of record. Mary Miller, Lawrence and Douglas County Metropolitan Planning Staff, presented the item.&nbsp; Keith Dabney, Director of Zoning/Codes was also present for the discussion. Staff recommends denial of the Conditional Use Permit for an airstrip at the above listed location based upon the following finds of fact:</P> <P>Zoning and uses of property nearby. The property is located approximately three miles east of Baldwin City on N 300 Road. The area and the surrounding area are zoned for agricultural use. Agriculture and rural residential are the predominate land uses in the area. Other airstrips are located in the area and the FAA has indicated that the location is acceptable with an agreement between the users of the airstrips.</P> <P>Character of the area. This is a rural area with agricultural land uses and rural residences. The surrounding property has been divided through the 5-acre exemption into parcels between 6 and 11 acres for future residential development. </P> <P>Suitability of subject property for the uses to which it was been restricted. A Conditional Use Permit (CUP) d&#160;s not change the base, underlying zoning. The suitability of the property for agricultural or rural residential use will not be altered. The 30.2 acre property is developed with a house, a hangar and the airstrip. The A District allows numerous uses, including agricultural uses, and single-family dwellings. This property is suitable for the uses permitted in the A zoning district. The FAA returned a conditional determination for the airstrip. If the six conditions listed in the determination are met, the FAA determined the establishment of the proposed airport would not adversely affect the safe and efficient use of airspace by aircraft.</P> <P>Length of time subject property has remained vacant as zoned. County Zoning Regulations were adopted in 1966; this property has been zoned “A (Agricultural)” since that adoption. The property is currently developed with a residence, hangar, and a paved airstrip.</P> <P>Extent to which removal of restrictions will detrimentally affect nearby property. The removal of restrictions may detrimentally affect nearby property through the placement of an airstrip in close proximity to residences which may&nbsp; result in both safety and noise issues. </P> <P>Relative gain to the public health, safety and welfare by the destruction of the value of the petitioner’s property as compared to the hardship imposed upon the individual landowners. The approval of the CUP would allow the applicant to operate his plane from his property which would be a convenience for him. Denial&nbsp;&nbsp;&nbsp; of the CUP would prevent the applicant from operating his plane on the airstrip which is located between two residences and in close proximity to his own residence. Denial would also reduce the impact on the surrounding properties, primarily the noise associated with air traffic, as the plane would not be taking off or landing on&nbsp; this property.</P> <P>Conformance with the comprehensive plan. Horizon 2020 d&#160;s not directly address the issuances of CUPs, but Chapter 12 Economic Development recommends that the Lawrence Municipal Airport approaches and air space should be protected from encroachment through height and land use restrictions. This proposed airstrip d&#160;s not conflict with the air space of the Lawrence Municipal Airport.</P> <P>HOWEVER, if the Commission chooses to recommend approval of the Conditional Use Permit, Staff recommends the following conditions of approval: </P> <P>1) Provision of a revised site plan to include the following notes:<BR>a) “The permit will be administratively reviewed by the County in 5 years on Dec. 31st, 2013.”<BR>b) “The permit will expire at the end of 10 years on Dec. 31st, 2018, unless an application for renewal is approved prior to that date by the local governing body.”<BR>c) “The airstrip is for the private use of the property owner only and restricted to the airplane registered to the applicant and may not be used for commercial purposes.”<BR>2) The six conditions listed on the Federal Aviation Administration determination of approval for the airstrip must be met, per the Planning Director’s approval.</P> <P>Miller described the history of the original CUP application submitted on October 9, 2006 and it’s denial on January 17, 2007. She stated the applicant’s hangar, residence and the neighbor’s accessory structure are all located within the primary surface zone, an area which should have no obstacles. The residences to the east and west are both located within the transitional surface zone. These standards are new and will be presented to the Commission for approval in December 2008. Miller stated she has received concerns from neighbors regarding noise and safety issues, and Zoning/Code violations. She stated that the FAA determination letter received expired on October 25, 2008.&nbsp; A protest petition was submitted, but was invalid. The applicant also submitted a petition in support of the airstrip from neighbors. </P> <P>Jones commented the applicant continued to use the airstrip after the denial of the CUP in January 2007, and asked Miller to provide more details. She has a list of complaints received regarding the use of a helicopter and airplane. Tina Tourtillott, County Enforcement Officer, stated she has evidence consisting of a flight schedule from a complainant and photos confirming the applicant continued to use the runway after a cease and assist letter was issued from the Planning Office on July 7, 2008. </P> <P>Jones stated the last airstrip application that came before the Board of County Commissioners was denied due to FAA ruling. He stated that he understands that for this application, the applicant has not met the standards from the FAA. Miller stated the applicant has not provided a clear transitional zone.<BR>&nbsp;<BR>Johnson opened the item for public comment. <BR>&nbsp;<BR>Justin Johnson, 2142 N 300 Road, stated he was to understand the County was supposed to adopt new standards for private airstrips. After inquiring about these standards, he has not received a response. He believes that the County should abide by the CUPs allowed in the past. He compared his runway to that of the Vinland Airport, stating it only 89 feet in width and has structures along its runway.&nbsp; He stated 90% of his violations to the Code were in his helicopter, but he has flown his airplane for maintenance. He stated he could not find an ordinance that stated he must have a runway to fly a helicopter.</P> <P>Jones asked Johnson how many times in the last year did he fly his airplane into and out of his airstrip. Justin Johnson stated 8-10 times. Jones asked Johnson when he did that, did he know he was breaking the law. Justin Johnson replied that under agricultural zoning, he is exempt. Jones asked exactly what type of agriculture was he referring. Justin Johnson stated he uses his plane and helicopter to look at his property, at the grass growth and to see if there were leaks in the ponds. Jones asked Johnson when he received the cease and desist order, did he cease and desist1/2 Justin Johnson stated “yes” he did. There have been no flights on his runway since the cease and desist order was issued in July. There have been helicopter landings since that time but not all of them were his. Johnson stated if the Board wants to deny the CUP based on his helicopter landings, the punishment d&#160;s not fit the crime. If the Board wants to fine him for that, he is agreeable to that. Jones stated he believes there is a feeling of contemptuousness for the law here. Jones stated, “There is a theory you are pursuing that d&#160;sn’t make sense, which is over time, government d&#160;s not have the right and the responsibility to make things better. We can’t simply go back and compare situations to what it was 20 years ago. As new buildings require sprinkler systems, new plants require pollution controls and so the idea that you can look at the worst case scenario and say that’s what the standard should be for you just d&#160;sn’t work.” Justin Johnson stated it would be unjust to make him follow rules that haven’t been adopted yet. He commented that’s like giving him a speeding ticket on a road that d&#160;sn’t have a sign yet. </P> <P>McElhaney asked if Johnson has filed tax forms stating his property is used for agriculture. Justin Johnsons stated “yes” he has filed tax forms for agricultural use.&nbsp;If his strip is denied, his next step is to purchase a crop duster plane.&nbsp; </P> <P>Johnson opened the item for public comment. <BR>Bill Cary, 2172 N 300 Road, stated he is opposed to the airstrip for safety reasons. He has witnessed the airplane take off and feels the airstrip is too close to the surrounding residences. Also the airplane and helicopter are noisy.&nbsp;&nbsp; </P> <P><BR>Caridad Flowers, 2146 N 300 Road, said Justin Johnson built her home and never told her there would be an airstrip. She gave a photo to the Commissioners showing the close proximity of her property to the airstrip which raises significant safety issues.&nbsp; In the summer of 2007, Justin Johnson increased his flying activity to 1-2 times per week and also increased his helicopter flights. On July 4, 2008, she saw Johnson fly over her house at 10:00 p.m. She stated the plane activity may have stopped after the violation notice, but the helicopter activity has not. </P> <P><BR>Kurt Flowers, 2146 N 300 Road, stated he has witnessed violations. The helicopter flights have not ceased since the violation notice. He has witnessed three helicopters in the air at one time, and Johnson has flown three different planes. He is concerned about the safety of the community. He stated as a builder, Johnson’s life revolves around getting permits and d&#160;sn’t believe that Johnson was unaware a permit was required for an airstrip. </P> <P><BR>Ron Keplinger, 2140 N 300 Road, stated he has no problem with safety or would never have built his house there. It was well known to everyone in the area that Justin planned to build the airstrip. He said he flew with Justin Johnson on July 4, 2008 at night and d&#160;sn’t recall flying over the Flowers’ house. Typically you don’t fly at night due to the lack of lights because of the risk of hitting a deer. </P> <P><BR>Jones asked Keplinger to explain the circumstances of his flight on July 4, 2008. Keplinger responded that he flew with Justin Johnson in Johnson’s helicopter on July 4, 2008 at night, but d&#160;sn’t remember flying over the Flowers’ home.&nbsp;</P> <P>&nbsp;<BR>Jim Kiely, 344 E 2100 Road, stated he was the project manager involved in the building projects in the area. He sees no safety issues unless the neighboring children were to wander onto Johnson’s property. He stated the Flowers were aware of the proposed airstrip before staking their lot because Kiely flew with Justin Johnson in his helicopter and landed by the lake while Mr. Flowers was fishing and they discussed the matter with Flowers.&nbsp; </P> <P><BR>Jones asked Kiely if he was the project manager for the properties. Kiely replied, he was and is an employee of Justin Johnson, J-Right. Jones asked in terms of seeking a permit, did it not occur to him that a permit may be needed for an airstrip1/2 Kiely stated he did not know. Jones asked how long Kiely had been doing this type of work. Kiely responded that he has been a project manager for approximately nine years. </P> <P><BR>Maggie Occeno, resident, stated she has text messages documenting flight times on July 4, 2008. At 5:31 p.m. the helicopter flew above the Flowers’ home; at 10:25 p.m. the helicopter left the Johnson residence again; and at 11:01 p.m. the helicopter landed. She is concerned about safety issues and the fact there is no lighting. She has also witnessed Justin Johnson flying his plane. </P> <P><BR>Joanne Lee, 2173 N 300 Road, stated Justin Johnson has given her and her husband a ride in his helicopter and he is a safe pilot. </P> <P><BR>Penny Johnson, 2142 N 300 Road, stated her husband is a better flier than a driver and feels there are more accidents in cars than with planes. She stated Mr. Flowers shoots a gun on his property. She feels there should be more concern over gun safety than over flying.&nbsp; </P> <P><BR>Justin Johnson, 2142 N 300 Road, stated he did not deceive surrounding residentsin regards to his airstrip. He feels his runway is longer and safer than others in&nbsp;the county.&nbsp; </P> <P><BR>Jones moved to close the public hearing. Motion was seconded by McElhaney and carried 3-0.</P> <P><BR>Jones stated he is sorry there is a dispute between the neighbors, but this has nothing to do with that. Douglas County has an overarching responsibility to provide for safety. The FAA sets out conditions at which this airstrip could be operated safely. The airstrip is not meeting those conditions. On the basis of that letter, those conditions and the fact that those conditions are not being met he stated he will vote to oppose the CUP permit. <BR>Johnson stated he will not vote for the CUP because he wants to see the regulations that we develop. He agrees with the Planning Staff’s interpretation. He is disturbed that someone would fill out an application for a CUP saying they have full neighbor support when they do not. Once new regulations are adopted new applications can come forward of which the Board will look at objectively. </P> <P><BR>McElhaney stated he agrees with staff’s determination and the FAA determination that the accessory structures are within the primary zone and there are adjacent residences in the transitional areas. He will vote “no” for the CUP.&nbsp; </P> <P><BR>Jones moved to deny the CUP-09-06-08 request on the basis of safety related issues. Motion was seconded by Johnson and carried 3-0. It was the consensus of the Board to schedule an executive session for Monday, November 24, 2008 to discuss noncompliance issues with Keith Dabney, Director of Zoning/Codes and the County Counselor. </P> <P><STRONG>PLANNING 11-12-08</STRONG><BR>The Board considered the approval of a comprehensive plan amendment and adoption of a joint City ordinance and County resolution related to CPA-2004-02 amending Chapter 7: Industrial and Employment Related Land Use in Horizon 2020. Amy Miller Brown, Lawrence-Douglas County Metropolitan Planning Staff, presented the item. Also present was Scott McCullough, Director of Planning. After a failing vote without a super majority, the City Commission at their October 21, 2008 hearing chose to bring the item to the Board of County Commissioners to weigh in on the revised chapter. </P> <P>McCullough stated that the Chapter has been through four hearings with the Planning Commission. The City Commission feels the Planning Commission did everything they could and put more emphasis on prime land. In his opinion the draft is very close to what the language should be and supports the snowflake areas that represent&nbsp; possible industrial sites.&nbsp;&nbsp; </P> <P>The Commission discussed all of the options available for their consideration and made the statement that they valued providing a strong message of unanimity to the City Commission by voting unanimously in favor of the Planning Commissions recommendation.</P> <P>After discussion, Johnson moved to approve CPA-2004-02 as recommended by the Planning Commission at their May 21, 2008 meeting, and adopt Joint City Ordinance 8283/County Resolution 08-50. Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>PLANNING 11-12-08<BR></STRONG>Johnson moved approval of and to authorized the Chairman to sign the Lawrence-Douglas County Metropolitan Planning Organization Re-Designation Agreement for Cooperative Transportation Planning. Motion was seconded by McElhaney and carried unanimously </P> <P><STRONG>PLANNING 11-12-08</STRONG><BR>Johnson moved to approve the Lawrence-Douglas County Metropolitan Planning Organization Redesignation Agreement for Cooperative Transportation Planning. Motion was seconded by McElhaney and carried unanimously. Johnson moved approval of a voting member for the re-designated Lawrence-Douglas County Metropolitan Planning Organization. Motion was seconded by McElhaney and carried unanimously. </P> <P>Johnson moved to adjourn the meeting; Jones seconded and the motion carried.&nbsp; </P> <P><BR>____________________________&nbsp;&nbsp;&nbsp; ____________________________<BR>Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Jere McElhaney, Vice Chair</P> <P>ATTEST:</P> <P>_____________________________&nbsp;&nbsp; ____________________________<BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member<BR></P>

<P>Johnson called the regular session meeting to order at 8:34 a.m. on Monday, December 8, 2008 with all members present.</P> <P>Jones moved to approve the minutes of October 29, 2008, as amended, and November 10, 2008, as amended. Motion was seconded by McElhaney and carried unanimously.&nbsp;&nbsp; <BR>&nbsp;<BR><STRONG>CONSENT AGENDA 12-08-08</STRONG><BR>Jones moved approval of the following Consent Agenda:</P> <P>-&nbsp;Approve Resolution No. 08-46 granting a Cereal Malt Beverage License for Flamingo Enterprises/The Bird of Lawrence;<BR>-&nbsp;Approve Resolution No. 08-47 granting a Cereal Malt Beverage License for Flamingo Enterprises of Lawrence;<BR>-&nbsp;Authorize Notice to Townships for cereal malt beverage licenses to Clinton Township for First Stop; Eudora Township for Cecil Monday’s Bar and Grill; and Grant Township for Midland Farm Store; and<BR>-&nbsp;Approve Occupational License for Little Reno, d/b/a Paradise Saloon.</P> <P>Motion was seconded by McElhaney and carried unanimously.</P> <P><STRONG>RESOLUTIONS &amp; SANITARY SEWER BENEFIT DISTRICTS 12-08-08</STRONG><BR>The Board considered approval of three separate Home Rule Resolutions providing for special assessments upon property added to the Southeast Lawrence Sanitary Sewer Main Benefit District Nos. 1, 2 and 3. Evan Ice, County Counselor, and Keith Browning, Director of Public Works, were present for the discussion. Ice explained that in 2006, Eastside Acquisitions, LLC filed three separate petitions with Douglas County requesting the creation of three separate sewer benefit districts. The Board of County Commissioners adopted three resolutions (No. 06-30, No. 06-31, and No. 06-32) on September 18, 2006, with each resolution creating a separate sewer benefit district to serve land in Southeast Lawrence. The names given to the sewer benefit districts were: Southeast Lawrence Sanitary Sewer Main Benefit District No. 1; Southeast Lawrence Sanitary Sewer Main Benefit District No. 2; and Southeast Lawrence Sanitary Sewer Main Benefit District No. 3. </P> <P>Since the creation of these sewer benefit districts, the Public Works Department has worked with the City of Lawrence to have the sewer infrastructure improvements designed and Douglas County has let contracts for construction. Construction of the improvements is essentially complete, awaiting only decommissioning of existing pump stations and other incidental work. After the final costs of the project are determined, each tract of property within the sewer benefit districts will be assessed for its respective shares of the cost of the project and the property owners will be permitted a period of time to pay the special assessments in full. Bonds will be issued to finance the portion of the costs of the project that property owners in the sewer benefit districts don’t pay in full. The bond principal and interest payments will then be spread over the property in the sewer benefit districts and the property owners will be required to pay annual installments until the special assessments are fully paid.</P> <P>Eastside Acquisitions, LLC has requested that the Board of County Commissioners adopt a home rule resolution for each of the three sewer benefit districts to establish a framework of how to determine the amount of money that must be paid by the owners of property that is subsequently added to one of the three sewer benefit districts and how to apply those funds. The Commissioners have adopted resolutions in the past for sewer benefit districts on the west side of Lawrence. It should be noted that once all initially levied special assessments and the bonds are fully paid, the sewer benefit districts are dissolved and these resolutions are no longer applicable.</P> <P>Jones asked whether this procedure was consistent with what had been done in the past.</P> <P>Ice stated that it was consistent with resolutions passed in 1988 and 1996 regarding the Yankee Tank Sewer Benefit District.</P> <P>After discussion, McElhaney made a motion to approve the following Home Rule Resolutions:</P> <P>-&nbsp;Home Rule Resolution No. HR-08-12-4, a Home Rule Resolution providing for special assessments upon property added to Southeast Lawrence Sanitary Sewer Main Benefit District No. 1 in Douglas County, Kansas;<BR>-&nbsp;Home Rule Resolution No. HR-08-12-5, a Home Rule Resolution providing for special assessments upon property added to Southeast Lawrence Sanitary Sewer Main Benefit District No. 2 in Douglas County, Kansas; and<BR>-&nbsp;Home Rule Resolution No. HR-08-12-6, a Home Rule Resolution providing for special assessments upon property added to Southeast Lawrence Sanitary Sewer Main Benefit District No. 3in Douglas County, Kansas.</P> <P>Motion was seconded by Jones and carried unanimously.</P> <P><STRONG>MISCELLANEOUS 12-08-08</STRONG><BR>The Board discussed a letter received from John Solbach requesting an interpretation of Kansas Fence Laws as they apply to the fence viewing responsibilities of county commissions. </P> <P>Craig Weinaug, County Administrator, explained that the fence viewing law has traditionally been interpreted to mean that whenever there is a dispute between two neighbors, they have a right to request a fence viewing with the County Commission. At a fence viewing, the County Commissioners go out and look at the fence, determine what the dispute is and essentially provide binding arbitration for that fencing dispute between two neighbors. There are others who have argued, including Senator Sam Brownback, that the statute should be interpreted differently. </P> <P>Douglas County carries out its responsibilities under the law as described. Typically, when somebody comes to the County with a fence dispute, Weinaug attempts to mediate the dispute and if the mediation fails, the dispute is submitted to the County Commission for a formal fence viewing. In this particular case, when Weinaug offered to mediate, one of the parties hired attorney John Solbach. Solbach is asking that the law be interpreted differently than it has been interpreted in the past. While the Commission is not being asked to settle the current dispute, this discussion has been set in order to determine whether or not the Commission wants to interpret the law differently since that will dictate how this dispute is resolved.</P> <P>McElhaney questioned whether it was the Commission’s responsibility to interpret the law since it is set out by state statute.</P> <P>Weinaug stated that while it is state statute, there are different ways it could be interpreted. If it is interpreted the way Solbach is suggesting, it would lead to a radically different conclusion on who is responsible for what.</P> <P>Evan Ice, County Counselor, noted that the statutes are 100 years old and actually contradict each other. Ice noted there are two Attorney General opinions, one before the 1986 statutory change and one after the 1986 statutory change. Both opinions come up with the same conclusion. The Attorney General did not think the 1986 laws changed his conclusion. </P> <P>The issue is whether someone who has crops or d&#160;sn’t want a fence on one side is responsible for maintaining a fence when the neighboring property owner is pasturing livestock on the other side. The Attorney General’s opinion is they are jointly responsible for maintenance and construction of the fence unless you are using the property in common. The K-State Extension Service has published a pamphlet on fence laws, but it d&#160;s not take a definitive position one way or another. It references the statute and notes there is a difference of opinion on how it should be interpreted.</P> <P>Jones asked whether there was a difference between whether a fence exists and it’s maintenance versus the construction of a fence.</P> <P>Ice stated that a lot of people feel there is, because a lot of the fence laws refer to “repair, maintain and rebuild” but they don’t specifically state the word “build.” Therefore, some people think that means there is a distinction between creating a partition fence that d&#160;sn’t exist or rebuilding or repairing a partition fence that is already there. Ice stated that he feels that until there is actually a fence viewing, the Commission isn’t really in a position to make a binding decision. Even if there is a fence viewing, there are more ambiguities about what a person can appeal since there is a clear provision in the statutes that say the decision of the fence viewers is final and binding and conclusive – there is no appeal process. However, there are court cases that indicate that if the fence viewers are awarded money, the amount can be appealed. It comes back to the issue of whether a property owner who d&#160;sn’t want a fence, has to pay to maintain a fence. </P> <P>Ice explained that there is another concept that says that a person can “throw his land open” and petition the fence viewers to come view the land and basically have the neighboring property owner pay some amount of money because they have to buy half of your fence. It is all discretionary among the fence viewers whether there should be money paid or not. </P> <P>Senator Brownback didn’t do an in-depth analysis of K.S.A. 29-309. His article was more about if livestock gets out of a fence and causes a traffic accident or causes damage, when is the owner of the livestock liable. He d&#160;s in passing say that he d&#160;sn’t think you should have to pay for a fence that you don’t want.</P> <P>Jones asked what the Commission’s responsibility is under the state statute.</P> <P>Ice stated that the Commission’s responsibility is to do a fence viewing and either make a determination that both properties have to maintain the fence in equal shares and determine the point.&nbsp; He reiterated that his recommendation is that since there is not an active case being presented, he felt it was inappropriate for the Commission to weigh in on this matter. That is what the Attorney General’s opinion clearly states. The Attorney General’s opinion d&#160;s not address the separate statute regarding “throwing your property open.” There aren’t any reported Kansas cases on any of these.</P> <P>McElhaney asked if the statutes put the Commission in the position of having to address fence issues in the suburban or incorporated city limits.</P> <P>Ice stated that he was not sure if there was a specific provision that limits this to the unincorporated area. He believed the clear intent is that it is for open tracts of land. He noted that approximately three (3) years ago, the legislature made one small change in the statutes stating that the Board of County Commissioners can appoint designees to be the fence viewers.</P> <P>John Solbach stated that he felt that if the County Administrator mediates it, he should know what the policy is. Senator Brownback references the Attorney General’s opinion, but states that he d&#160;s not agree with it. </P> <P>Solbach stated that his interpretation of the law is that if a property owner has livestock, they have a duty to fence them in; a property owner that d&#160;s not have animals d&#160;s not have any duty to fence them out. If you’re going to require them to pay for half of the fence, it’s turning the fencing policy on its head. It’s stating that we have a fence-in policy, but you have to pay to help fence the animals out of your place. The Attorney General’s opinion in 1987 cites the statute about use “other than in common with your neighbor.” But the statute d&#160;sn’t say “with your neighbor.” He wasn’t sure what “otherwise in common” meant but it d&#160;sn’t make any sense unless you ignore those words. He noted that he has seventeen (17) landowners that he shares fence with and only two (2) have animals. It d&#160;sn’t seem fair that he could unilaterally decide to buy a cow and send his neighbors a bill for half of the fence, and continually send them a bill for half of the cost of maintaining that fence. When you look at all the statutes together and try to make some coherent meaning out of them, the coherent meaning is if you have animals, you have to fence them in. If you’re going to fence them, you have to pay for the fence and for the maintenance of the fence. If the Commission would give an interpretation, that would at least give somebody the basis for bringing a declaratory judgment. He suggested that the Commission could direct the county counselor to bring a declaratory judgment on behalf of the County Commission since we don’t know how to interpret the law. The local judge would interpret the law and we could get a definitive interpretation of the law.</P> <P>Ice stated that there would have to be a case in controversy. Courts can’t just give advisory opinions. Douglas County can’t just file a lawsuit and ask a judge to tell us what this statute means. A fence viewing would have to take place and a decision made, then there would have to be an opposing party, etc. </P> <P>Jones pointed out that litigation could get quite expensive. The County d&#160;sn’t want to spend $10,000 in litigation to fix a $500 fence.</P> <P>Solbach suggested that it would be helpful for the Board of County Commissioners to issue a policy statement about who is responsible for building and maintaining a fence when one of the parties has animals and the other d&#160;s not have animals. The property owner with the animals has a duty to put up the fence in order to follow the “fence-in” policy we have in this state.</P> <P>Jones questioned whether there had ever been any livestock on the 80 acres in question. </P> <P>Solbach responded that he believed there had been at some point.</P> <P>Johnson stated that g&#160;s to the question of what caused the fence to be there in the first place.</P> <P>Jones noted that since there is no livestock currently on the property, the property owner should not have any obligation to maintain the fence. He questioned what would happen if/when they were to sell the property or decide to put livestock back on. Do you just “turn on” the switch that requires them to fence in the livestock1/2 D&#160;s the switch go on and off according to what is occurring on the property at any given moment1/2</P> <P>Solbach responded that that was what the statutes contemplate.</P> <P>Ice noted that if the property owner “threw the land open” whatever partition fences are there become owned by the neighbor and wouldn’t be owned by the person that d&#160;sn’t want his land enclosed. If he wanted to put livestock on in the future and utilize those fences, the argument could be made that he would have to buy half of the fence from the neighbors. It would still involve a fence viewing, but the issue would not be who maintains what portion of the fence, but what amount of money, if any, should be paid to the person who wants to throw his land open since he is losing ownership of the partition fence.</P> <P>Jones questioned whether the Commission should weigh in on this without a fence viewing request being formally made.</P> <P>Solbach stated he thought the Commission should.</P> <P>Johnson questioned why the Commission would want to get involved in shared fences. He stated that he didn’t want any part of settling a dispute between a neighbor that wants to build a fence that might cost $10,000 and tell his neighbor he is responsible for $5,000. </P> <P>Weinaug pointed out the state statute requires the Commission to get involved.</P> <P>Solbach noted that he felt like all the statutes needed to be looked at in context. They can’t be looked at separately since they all impact each other. The overall intent needs to be looked at. </P> <P>Chris Marshall, the petitioner, stated that his family has owned this land since it was homesteaded. There is a common fence that has been on the property for many years. He explained that he d&#160;s have cattle on the property a couple of times during the year and the issue is a flood gap across a creek that occasionally g&#160;s out. The cattle get out at that location. He stated that according to the statutes, he believed his neighbor (Rob Marshall) should share in the cost of repairing/maintaining the fence.</P> <P>Rob Marshall stated that he owns 110 acres bordering Chris Marshall’s property on the west side. He noted that there isn’t much of a fence. The cattle can step over anywhere and weren’t getting in through the water gate. They were getting in through other places along the fence line. He noted that his land is used as agriculture and he has a covered crop of clover which the cattle prefer. Fixing this portion of the fence will not solve the current problem. He asked where the fairness was in him having to pay for a fence Chris Marshall owns that Rob d&#160;s not need. </P> <P>Johnson stated that fairness is a big issue. As Douglas County urbanizes, there will be more opportunity for this sort of conflict to occur between the agricultural community and the residential community. He felt like this was something the new commission would need to address.</P> <P>Weinaug suggested that the Board table further discussion.</P> <P>No action was taken.</P> <P>McElhaney excused himself at 9:32 a.m.</P> <P><STRONG>PLANNING &amp; RESOLUTIONS 12-08-08</STRONG><BR>The Board considered approval of CPA-2008-04, Amending Chapter 6 – Commercial Land Use – Lawrence – New Commercial Areas and Map 6-1 to correct inconsistencies between map and text.&nbsp; The Board also considered approval of CPA-2008-5, to Amend Chapter 6 – Commercial Land Use – to correct policy numbers under Goal 3 (duplicate numbers). These items were initiated by the Planning Commission in April 2008 as part of the annual review. Michelle Leininger, staff member of the Lawrence-Douglas County Metropolitan Planning Department, presented these items. Both items were passed unanimously by the Planning Commission.</P> <P>After discussion, Jones moved approval of Joint Ordinance No. 8341 of the City of Lawrence, Kansas and Resolution No. 08-48 of the Board of County Commissioners of Douglas County, Kansas amending the Comprehensive Land Use Plan “Horizon 2020” by incorporating by reference “Chapter 6 – Commercial Land Use, Lawrence – New Commercial CPA-2008-4, November 11, 2008 Edition “ prepared by the Lawrence-Douglas County Metropolitan Planning Office and Repealing the existing section. Motion was seconded by Johnson and carried.</P> <P>Jones then moved approval of Joint Ordinance No. 8342 of the City of Lawrence, Kansas and Resolution No. 08-49 of the Board of County Commissioners of Douglas County, Kansas amending the Comprehensive Land Use Plan “Horizon 2020” by incorporating by reference “Chapter 6 – Commercial Land Use, Goal 3, CPA-2008-5, November 11, 2008 Edition “ prepared by the Lawrence-Douglas County Metropolitan Planning Office and Repealing the existing section. Motion was seconded by Johnson and carried.</P> <P><STRONG>PUBLIC WORKS 12-08-08</STRONG><BR>Keith Browning, Director of Public Works/County Engineer, appeared before the board requesting permission to solicit bids for Project No. 2007-13. This is a 2.26 mile long project that includes reconstructing 1.70 miles and adding paved shoulders to 0.56 miles of Route 438 beginning at the Route 1029 curve and ends at the pavement widening near the K-10 (SLT) intersection. The finished roadway will have two 12-foot lanes with two 8-foot paved shoulders. The Capital Improvements Project includes $3,000,000 for this project scheduled for construction in 2009.</P> <P>Plans were designed in-house and are essentially complete. Rights-of-way and temporary easements have been acquired for fourteen of sixteen total tracts. Meetings are scheduled with remaining property owners and it is hoped that an agreement will be reached at that time. Utilities are scheduled to be relocated by mid-February 2009.</P> <P>Once rights-of-way have been acquired from the final two tracts, we will be ready to solicit bids for construction. Permission is being sought to solicit bids contingent upon reaching agreement on right-of-way settlements with owners of the remaining two tracts. This would allow us to begin the mandatory 20-day advertising period prior to January 12. Construction is expected to take approximately eight months, so it is essential that construction begin near March 1. Estimated construction is approximately $2.6 million.</P> <P>Jones asked whether the entire project was funded by the County. </P> <P>Browning stated that it was.</P> <P>Jones noted his concerns about the County’s financial condition over the next year. He then made the motion to grant permission to solicit bids for Project No. 2007-13, Route 438 improvements, contingent upon acquiring rights-of-way or reaching agreement on right-of-way acquisition settlements with all affected property owners with some caution with regard to fiscal situations and other demands that might emerge. Motion was seconded by Johnson and carried.</P> <P><STRONG>ACCOUNTS PAYABLE 12-08-08</STRONG><BR>Jones moved to approve accounts payable amount of $176,939.24 to be paid 12/08/08; wire transfers in the amounts of $860,738.95 paid on 12/01/08, and $150,000 paid on 11/19/08; payroll in the amount of $787,269.74 paid on 12/05/08; and Electronic Funds Transfers in the amounts of $69,971.53 for KPERS and $56,876.09 for FICA paid on 12/05/08. Motion was seconded by Johnson and carried.</P> <P>Jones moved to adjourn; Johnson seconded and the motion carried.</P> <P>&nbsp;</P> <P>&nbsp;____________________________&nbsp;&nbsp;&nbsp; ____________________________<BR>&nbsp;Bob Johnson, Chairman&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;Jere McElhaney, Vice-Chair</P> <P>ATTEST:</P> <P>&nbsp;_____________________________&nbsp;_____________________________&nbsp;&nbsp; <BR>Jamie Shew, County Clerk&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Charles Jones, Member</P> <P>&nbsp;</P>