Lancaster County
Board of Commissioners
Board of Commissioners
lancaster.ne.gov
AGENDA For A Meeting Of The Lancaster County Board Of
Commissioners To Be Held Tuesday, September 8, 1998 At 1:30 p.m.
In The County Commissioners Hearing Room, First Floor, County-City Building.
1) MINUTES: Approval of the minutes of the Board of Commissioners
meetings held on Tuesday, September 1, 1998. (A copy of the
minutes is on file in the Office of the Lancaster County
Clerk.)
2) CLAIMS: Approval of all claims processed through Tuesday,
September 8, 1998.
3) ITEMS OF PUBLIC PARTICIPATION: It is the policy of
the Lancaster County Board of Commissioners to accommodate
the public to the greatest extent possible. Therefore, this
agenda has been prepared with items of greatest public
interest at the beginning with more routine items toward the
end as a courtesy to those who wish to speak with the County
Board at this meeting. If you are here to participate on an
item and need special consideration because of a schedule
conflict or some other problem, would you please let us know
now so we can try to meet your needs.
COMMENTS FROM PUBLIC ON AGENDA ITEMS: Members of the public who
wish to comment on any item on the agenda may come forward at this time.
4) PUBLIC HEARINGS:
A. A County Special Permit, requested by Lynn Cunningham
on behalf of Bernadette Thiel, to place a temporary
mobile home residence on property located at the
northeast corner of South 110th Street and
Stagecoach Road in Lancaster County, Nebraska. (County
Special Permit 160) (19982012) (19982129)
B. A County Special Permit, Country Estates Community Unit
Plan, requested by Lyle Loth of ESP on behalf of Ron
and Judeen Oelling, consisting of ten dwelling units on
ten residential lots, on property located north and
west of the corner of Southwest 29th Street
and West Roca Road (Highway 33) in Lancaster County,
Nebraska. (County Special Permit 155) (19982011)
(19982128)
C. A County Preliminary Plat, Country Estates Addition,
requested by Lyle Loth of ESP on behalf of Ron and
Judeen Oelling, consisting of ten dwelling units on ten
residential lots on property north and west of the
corner of Southwest 29th Street and West Roca
Road (Highway 33) in Lancaster County, Nebraska.
(County Preliminary Plat 98020) (19982021) (19982127)
5) NEW BUSINESS:
A. An application for a Special Permit from Team Kaos
Cycling Club to hold a bicycle race sanctioned by the
United States Cycling Federation on roads around
Branched Oak Lake on Sunday, September 20, 1998
beginning at 8 a.m. (19981867) (19981934) (19981913)
(19981894)
B. An application for a Special Designated License from
the Nebraska State Board of Agriculture to have a beer
garden in connection with the Hartman Llamas of
Tecumseh show and sale to be held on Saturday,
September 19, 1998 from Noon to 6 p.m. at State Fair
Park. (19981918) (19982014) (19982040) (19981993)
C. Reconsideration of a motion made on Tuesday, September
1, 1998 in connection with a County Special Permit,
Coupe De Ville Heights Community Unit Plan, requested
by Brian Carstens on behalf of Richard Coupe,
consisting of 11 three-acre lots, on property located
north and west of the corner of NW 84th Street
and Bluff Road in Lancaster County, Nebraska (County
Special Permit 159) (19982143)
D. Reconsideration of a motion made on Tuesday, September
1, 1998 in connection with a County Preliminary Plat,
Coupe De Ville Heights, requested by Brian Carstens on
behalf of Richard Coupe, consisting of 11 lots, on
property located north and west of the corner of NW
84th Street and Bluff Road in Lancaster
County, Nebraska. (County Preliminary Plat 98019)
(19982143)
E. An agreement with the City of Lincoln authorizing the
County Attorney's office to apply to the Nebraska Crime
Commission for monies expended by the Lincoln Police
Department in connection with the investigation and
prosecution of crimes against children and authorizing
the Lincoln Police Department to accept reimbursement
of those funds. (19982133)
F. An agreement with the League of Women Voters to assist
the Election Commissioner with voter registration, at a
rate of $3.25 per hour, not to exceed a total amount of
$2,500. (19982134)
G. An agreement with Nancy L Thygesen, Registered Records
Administrator, for consultation services in connection
with on site medical records located at Lancaster
Manor, in the amount of $30 per hour. (19982135)
H. An agreement with United of Omaha Life Insurance
Company (Mutual of Omaha) for billing and collection
services, under the County's dental plan, in accordance
with the Consolidated Omnibus Budget Reconciliation Act
(COBRA), at a rate of 50 cents per month, per employee.
(19982132)
I. Approval of an application for a Corporate Manager
license for James Michael Ballard in connection with a
Class Y (Farm Winery) liquor license for James Arthur
Vineyards, LLC located at 2001 West Raymond Road in
Lancaster County, Nebraska. (19982130)
J. Recommendation from the Purchasing Agent and the County
Engineer for the following: (19982137)
Award a bid, considering the total life cycle
cost, for two motor graders to Nebraska Machinery
Company, in the amount of $170,930
Recognition of the vendor's offer of $186,450 in
connection with a guaranteed buy-back of the motor
graders after seven years
K. Request from the Personnel Policy Board for the
following: (19982144)
Change of pay range for the Mental Health Program
Supervisor from $34,946.08-$46,067.84 to
$36,564.32-$48,270.56
Amend Personnel Rule 17.20 - Weekend Differential Pay
Amend Personnel Rule 18.1 - Compensation for absence
on holidays
Create Personnel Rule 17.23 - Post Employment
Health Plan
L. Approval of a disbursement from the Lancaster County
Leasing Corporation, 1992 Construction Fund to Pegler &
Sysco Food Services Company, in the amount of $3,548,
for a milk dispenser for Lancaster Manor. (19982140)
M. Appointment of Gerry A Krieser to the City-County
Planning Commission, term to expire on August 24, 2001.
(19982142)
6) CONSENT ITEMS: These are items of business before the
Lancaster County Board of Commissioners which have been
previously supplied to each Commissioner in writing, which
are relatively routine and which are expected to be adopted
without dissent. Any individual item may be removed for
special discussion and consideration by a Commissioner or
by any member of the public without prior notice. Unless
there is an exception, these items will be approved as one
with a single vote of the Board of Commissioners. These items
are approval of:
A. Setting of the following public hearings for Tuesday,
September 15, 1998 at 1:30 p.m. in the County
Commissioners/City County Chambers, Room 112, on the
first floor of the County-City:
1. Final tax request for Lancaster County and the
Rural Library.
2. Adoption of a revised Government Access and
Information Committee Public Access Policy and Fee
Schedule for City-County Geographic Information System
data files. (19982131)
B. Contracts relating to road improvements with Retzlaff
Farms, Inc. near North 84th Street on Fletcher
Avenue, in the amount of $1,610. (2 contracts)
(19982099) (19982100)
7) ANNOUNCEMENTS:
A. The Lancaster County Board of Commissioners will not
hold a meeting on Thursday, September 10, 1998, instead
a meeting will be held at Noon, Tuesday, September 8,
1998 in the conference room located immediately west of
the County Commissioners Chambers, Room 113, on the
first floor of the County-City Building.
B. Public hearings will be held on Tuesday, September 15,
1998 at 1:30 p.m. in the City Council/County
Commissioners Chambers, Room 112, on the first floor of
the County-City Building regarding the following:
1. A County Change of Zone, from AG Agricultural to
AGR Agricultural Residential, requested by J. Michael
Rierden on behalf of Merle Jahde, on property located
at the southwest corner of Southwest 56th
Street and West Denton Road in Lancaster County,
Nebraska. (County Change of Zone 179) (19982013)
2. A County Special Permit, Yankee Lake Acres, for
authority to develop 15 residential lots within 1,320
feet of Yankee Hill Lake, located one-quarter mile
south of the corner of Southwest 56th Street
and West Denton Road in Lancaster County, Nebraska.
(County Special Permit 157) (19982023)
3. A County Preliminary Plat, Yankee Lake Acres, for
15 single family lots, requested by Jack Tuma of ESP on
behalf of Pendel, Inc. on property located at the
southwest corner of Southwest 56th street and
West Denton Road in Lancaster County, Nebraska. (County
Preliminary Plat 98005) (19982022)
C. The Lancaster County Board of Commissioners meeting which
is broadcast live at 1:30 p.m. on Tuesdays will be re-broadcast
at 6:30 p.m. on Cablevision Channel 5.
8) EMERGENCY ITEMS AND OTHER BUSINESS:
9) PENDING:
A. Comprehensive Plan Amendment Number 27b, pursuant to
the 1998 Comprehensive Plan Annual Review, requested
by Peter Katt on behalf of Steve Champoux, to revise
the Land Use Plan to change 124 acres from Agricultural
to Low Density Residential at the northwest corner of
134th and "A" Streets in Lancaster County,
Nebraska. (1998937)
(Scheduled for further discussion on November 17, 1998.)
B. A County Change of Zone, from AG Agricultural to AGR
Agricultural Residential, requested by Peter Katt on
behalf of Steve Champoux, on property located at the
northwest corner of 134th and "A" Streets in
Lancaster County, Nebraska (County Change of 147)
(1998938)
(Scheduled for further discussion on November 17, 1998.)
C. Change of Zone from Ag Agricultural to AGR Agricultural
Residential, requested by Harry Muhlbach, on property
located west of North 56th Street (Highway 77)
between Mill Road and Raymond Road in Lancaster County,
Nebraska. (Change of Zone 165) (97-26) (Scheduled
for further discussion on October 6, 1998.)
10) ADJOURNMENT:
This agenda, which is kept continually current, is available for
inspection in the Office of the County Clerk in Lancaster County,
Nebraska.
NOTE: Interpreters for the hearing impaired are available
at meetings of the County Board upon request. Please contact the
County Clerk's Office at 441-6336 and ask for Susan Starcher or
Kandra Hahn at least 48 hours prior to the meeting if this
accommodation is required, or if you have any other special
communication needs requiring assistance.
REPORTS AND INFORMATIONAL FILINGS: The following items
which may be of interest to residents of Lancaster County are
among those which have been filed this week in the County Clerk's
office:
A. Reports for the following:
County Clerk (19982118)
Records and Information Management (19982141)
AGENDA For A Meeting Of The Lancaster County Board Of Equalization To Be
Held Tuesday, September 8, 1998 At 1:30 p.m. In The County Commissioners
Chambers, Room 112, First Floor, County-City Building.
1) MINUTES: Approval of the minutes of the Board of Equalization meeting
held on Tuesday, September 1, 1998. (A copy of these minutes is
on file in the Office of the Lancaster County Clerk.)
2) ADDITIONS AND DEDUCTIONS:
Approval of 88 additions and deductions to the tax
assessment rolls per Exhibit A. (19982057) (19982136)
3) MOTOR VEHICLE TAX EXEMPTIONS:
Alan VanErt Ministries
Congregation of Mary Queen
Developmental Services of Nebraska, Inc.
Lincoln Lancaster County Child Guidance Center
Madonna Rehabilitation Hospital
Sacred Heart Church
Tabitha Inc.
4) APPEAL FILED ON REAL ESTATE:
Judith Trackwell
5) APPEAL FILED ON A HOMESTEAD EXEMPTION:
Victor Glover (19981941)
6) REMOVAL OF 1998 REAL ESTATE TAX EXEMPTION:
Garden View Church Assembly of God
Lincoln Habitat for Humanity (2 exemptions)
7) ADJOURNMENT:
MINUTES
Lancaster County Board Of Commissioners
County-City Building
Meeting Room #113
Tuesday, September 8, 1998
12 P.M.
Commissioners Present: Linda Steinman, Chair
Kathy Campbell
Bernie Heier
Commissioners Absent: Steve Svoboda
Larry Hudkins
Others Present: Kerry Eagan, Chief Administrative Officer
Ann Taylor, County Clerk's Office
AGENDA ITEM
1 SALARY & BENEFITS FOR BAILIFFS
District Court Judge Earl J. Witthoff;
Diane Staab, Deputy County Attorney
Benefits for Bailiffs
Judge Witthoff reported that bailiffs' duties include transcription of
court decrees and orders, scheduling of the daily court agenda, conducting
pre-trial conferences with attorneys and processing of protection orders.
He noted that the bailiff position is full-time, with frequent late work
hours, such as when juries are in deliberations.
In response to a question from Campbell, Judge Witthoff stated that a
bailiff's vacation leave must coincide with that of the judge the bailiff
serves. He estimated that their vacation leave averages four weeks per
year, with six weeks the maximum allowed.
Judge Witthoff indicated that other absences of short duration are approved
at the discretion of the affected judge. He noted that the extended
maternity leave requested by the Child Support Referee's Bailiff was
unusual, in that it necessitated hiring of a replacement.
Steinman asked Judge Witthoff whether he thought bailiffs might
be willing to share receptionist and Court Administrator duties,
which include determination of indigency, in the new Hall of
Justice and Law Enforcement Center in exchange for regulated sick
and vacation leave benefits.
Judge Witthoff noted that bailiffs serve in an at-will capacity
and the District Court Judges have been reluctant to initiate any
changes in policy that would treat bailiffs as vested County employees.
Campbell noted that the make-up of the Board is subject to change
and it may be to the bailiffs' advantage to have a policy in
place that clearly defines leave benefits.
In response to a question from Heier, Judge Witthoff stated that
the Douglas County Court Administrator's office performs many of
the scheduling functions assigned to bailiffs in Lancaster County.
Steinman suggested that alternative solutions may be to hire an
additional bailiff to cover absences and perform receptionist
duties for the District, County and Juvenile Courts or to request
that judges share bailiffs if scheduling and technology duties
are assigned to a Court Administrator position.
Campbell suggested that bailiff positions could also become part-time,
with commensurate salary.
The Board requested that Judge Witthoff discuss a regulated leave
policy and expanded job duty issues with the other District Court
Judges and report back to the Board.
Judge Witthoff agreed and stated that he would forward a copy of
the written job description for bailiffs and a pamphlet prepared
by Judge Merritt to the Board.
Eagan noted that a review of State Statutes, for applicable law
with regards to bailiffs, will also be necessary.
Campbell suggested that the County seek legislative change which
would shift responsibility for bailiffs to the State.
Salary for Bailiffs
Eagan noted that the District Court Judges recommended a 1.5 percent
merit and a 3.5 percent cost-of-living adjustment for the bailiffs.
Board consensus to approve a 3.5 percent salary increase and Post
Employment Health Care Plan (PEHP) benefit for the bailiffs,
retroactive to August 27, 1998. The Board agreed to continue to
explore the issues of expansion of duties and providing sick
leave and vacation benefits for the bailiffs.
2 ACTION ITEMS
a. Microcomputer Request from Corrections, C#98239,
for $10,588.23 from Corrections Budget for Six (6)
Compaq Deskpros, Six (6) Monitors, Three (3)
Printers and One (1) Scanner
b. Microcomputer Request from Corrections, C#98238,
for $2,700.55 from Corrections-Inmate Benefit
Budget for Two (2) of Each of the Following:
Compaq Deskpros, Monitors, CD-ROM Drives, Sound
Cards, Speakers, Surge Strips, Mousepads
MOTION: Campbell moved and Heier seconded to approve Action Items
a and b, from the Corrections and Corrections-Inmate Benefit
Budgets. On call Campbell, Heier and Steinman voted aye. Motion
carried.
3 ADMINISTRATIVE OFFICER REPORT
a. Hall of Justice and Law Enforcement Center Change
Order for District Court
Eagan noted that the change order request will be delayed until
further information regarding the results of a meeting held by
the District Court Judges is made available.
4 DISCUSSION OF BOARD MEMBER MEETINGS
a. Joint Budget Committee - Campbell
Campbell reported that the City and County will each be required
to provide $5,000, for each of the next two years, in support of
a Communities Helping Immigrants and Refugees Progress (CHIRP)
grant, which provides a system for accessing health and human
services. She noted that this item was not included in the budget.
Campbell reported that a response had been received from Jessie
Rasmussen, State Health & Human Services Director, in which she
indicated that Lancaster County was not envisioned as a separate
Network Management Service Area.
Campbell also reported that:
Kit Boesch, Human Services Administrator, has recommended
that the County apply for an additional $5,000 Community
Correction Grant for planning purposes
Joan Modrell, Urban Development Director, has suggested that one
District Court Judge be assigned, for a one year term, any case
involving environmental issues, such as illegal dumping
Region V has received an additional FYI grant, which will allow
them to provide case management for an additional ten youth
b. Ecological Advisory Committee - Campbell, Heier
Campbell stated that a status report on the Wilderness Park
survey was received and Betsy Kosier, Lincoln Lancaster Mediation
Center, provided an overview of the Wilderness Park Subarea Study
- Issue Identification Process.
Campbell also reported that a request to form a Greenbelt
Subcommittee to look at ways to create an area of green around
the City of Lincoln was placed on hold until reports are received
from Parks & Recreation and the Planning Department on what is
currently being done to provide parks and green space.
c. Railroad Transportation Safety District - Heier,
Steinman, Svoboda
Steinman reported that the Railroad Transportation Safety
District (RTSD) operating budget will need to be extended out to
pay for existing projects, while maintaining necessary reserves.
Steinman also reported that the University of Nebraska and the
railroads have agreed to reallocate $200,000 in additional costs
associated with the engineering amendment for the "X" Street Project.
d. Public Building Commission - Campbell
Campbell reported that asbestos removal has been completed in the
Hall of Justice and Law Enforcement Center.
Campbell also reported that the Arts Council has proposed that a
Citizens Committee be formed to develop criteria for art
donations for the City/County Government Complex.
5 SCHEDULE OF BOARD MEMBER MEETINGS
a. Board of Health- Tuesday, September 8, 1998, at 7 p.m.,
at 3119 "O" Street - Hudkins
b. Southeast District Nebraska Association of County
Officials (NACO) Meeting - Thursday, September 10, 1998,
at 9 a.m., at the Villager Motor Inn - Campbell, Steinman
c. Master Plan Steering Committee - Thursday,
September 10, 1998, at 1 p.m., at the County-City
Building, Room #106 - Hudkins
d. Parks & Recreation Advisory Board - Thursday,
September 10, 1998, at 4 p.m., at the County-City
Building, Commissioners Hearing Room - Heier
e. General Assistance Monitoring Committee - Tuesday,
September 15, 1998, at 8 a.m., at the County-City
Building, Room #106 - Campbell, Heier
f. Government Access & Information Committee -
Wednesday, September 23, 1998, at 12 p.m., at the
County-City Building, Room #206 - Steinman
g. City-County Common - Friday, September 18, 1998,
at 8 a.m., at the County-City Building, Room #113
- All Commissioners
6 CORRESPONDENCE TO THE COUNTY BOARD
7 CORRESPONDENCE FROM THE COUNTY BOARD
8 AGENDA ITEMS FOR COUNTY BOARD MEETING OF SEPTEMBER 15, 1998
9 EMERGENCY ITEMS AND OTHER BUSINESS
10 ADJOURNMENT
By direction of the Chair, the meeting was adjourned.
_____________________
Kandra Hahn
Lancaster County Clerk