Lancaster County
Board of Commissioners
Board of Commissioners
lancaster.ne.gov
AGENDA For A Meeting Of The Lancaster County Board Of Commissioners
Tuesday, December 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 meeting
held on Tuesday, December 1, 1998. (A copy of these minutes is
on file in the Office of the Lancaster County Clerk.)
2) CLAIMS: Approval of all claims processed through Tuesday,
December 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. Vacation of a portion of West Martell Road between
Southwest 72nd and Southwest 86th Streets
in Lancaster County, Nebraska.
B. A manager application for Barry Alan Townsend in
connection with a liquor license for Whitehead, Inc.
dba/U-Stop Convenience Shop located at 6600 North
84th Street. (19982827)
5) NEW BUSINESS:
A. An agreement with Kip Hulvershorn to provide consulting
services to the County in connection with the Wilderness
Park Subarea Plan, not to exceed $16,250. (19982896)
B. An agreement with St. Elizabeth Home Health and Hospice
for hospice services to individuals eligible for Medicare
and Medicaid residing at Lancaster Manor. This is at no
cost to the County. (19982891)
C. A disbursement from the Lancaster County Leasing
Corporation 1992 Construction Fund to Pegler-Sysco Food
Services Company, in the amount of $1,557.05, for a
popcorn popper for the activities center at Lancaster
Manor. (19982860)
D. A political subdivision tort claim filed against
Corrections by Billie Chapman, for lost and damaged
property, in the amount of $32. (19982892)
E. A political subdivision tort claim filed against
Corrections by Diana L Smith for lost property, in the
amount of $160.94. (19982893)
F. A political subdivision tort claim filed against
Lancaster County by Rodney Vincent and Cheryl Lechner,
attorneys representing Tina Nelson, Personal
Representative of the Estate of Michael Monroe Porter,
for damages, in the amount of $1,500,000. (19981667)
G. Recommendations from the Personnel Policy Board to amend
the following Personnel Rules: (19982897)
Rule 17.6--Rate of pay as a result of reallocation
Rule 17.7--Rate of pay as a result of change in pay
grade of class
Rule 19.3--Sick leave
H. Appointment of Barbara Armstead, Becky Wild and Tami
Damian to the Attention Center Advisory Committee, terms
beginning January, 1999 and expiring January, 2001.
(19982863)
I. Appointment of Tom Messick, Gaylan L Suhr and Dale J
Kabes to the Lancaster County Extension Board, terms
beginning January, 1999 and expiring January, 2002.
(19982862)
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. Request from Doug Kersten, an employee in the County
Engineer's Department, to voluntarily participate in the
County's Retirement Plan. (19982875)
B. A maintenance agreement with Output Technology for a high
speed printer for the Corrections Department, in the
amount of $345, beginning January 2, 1999 and ending
January 1, 2000. (19982844)
C. Renewal of a two year rate plan agreement and upgrade of
equipment with Aliant Cellular for the County Attorney's
Office, in the total amount of $349.80 (19982894)
D. An agreement with the Lincoln Airport Authority for the
rental of a T-Hangar for the Sheriff's Office aircraft,
in the amount of $1,224, beginning January 1, 1999 and
ending December 31, 1999. (19982861)
E. A change order with Hartmann Construction Company for
extension of a culvert on the north side of Arbor Road,
for an increase of $3,124.80. (Project C55-G-408(1))
(19982878)
F. A change order with Hartmann Construction Company for
channel repair along the west side of Northwest
70th Street north of Agnew Road, for an increase
of $8,512.20. (Project C55-D-86) (19982880)
G. A change order with S.P. Olson Enterprises, Inc. for
additional dirt work on portions of South 27th
Street, Yankee Hill Road and South 84th Street,
for an increase of $2,469.91. (Project 98-19) (19982879)
H. Contracts for road improvements with the following:
Adolph C Grant on North 1st Street near Alvo
Road, in the amount of $4,006.50 (2 contracts)
(19982881 and 19982888)
Dick Parrott on North 1st Street near Alvo
Road, in the amount of $10 (19982882)
John L Reed near North 112th Street and
Havelock Avenue
(Quitclaim deed) (19982883)
Robert A and Shirley A Christiansen near North
112th Street and Havelock Avenue (Quitclaim
deed) (19982884)
7) ANNOUNCEMENTS:
A. The Lancaster County Board of Commissioners will hold a
meeting on Tuesday, December 15, 1998 at 8 a.m. in the
City Council/County Commissioners Chambers, Room 112, on
the first floor of the County-City Building regarding the
south and east beltways studies.
B. A public hearing will be held on Tuesday, December 15,
1998 at 1:30 p.m. in the Commissioners Chambers, Room
112, on the first floor of the County-City Building for a
street name change to rename Folsom Street south from
South Street as "South Folsom Court" and to rename Folsom
Bypass as "South Folsom Street". (Street Name Change
98009) (19982834)
C. The Lancaster County Board of Commissioners will NOT meet
on the following dates due to the holidays:
Tuesday, December 22, 1998
Thursday, December 24, 1998
Tuesday, December 29, 1998
Thursday, December 31, 1998
D. 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 No. 27b, 1998 Comprehensive
Plan Annual Review, requested by Peter Katt for 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 May 18, 1999.)
B. A County Change of Zone, from AG Agricultural to AGR
Agricultural Residential, requested by Peter Katt for
Steve Champoux, on property at the northwest corner of
134th and "A" Streets in Lancaster County,
Nebraska. (County Change of 147) (1998938) (Scheduled
for further discussion on May 18, 1999.)
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. Telex Sound Mates are
also available for audio enhancement during the meeting.
REPORTS AND INFORMATION 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 from the following:
County Clerk (19982887)
Lancaster Manor (199828967)
Records and Information Management (19982895)
AGENDA For A Meeting Of The Lancaster County Board Of Equalization Tuesday,
December 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, December 1, 1998. (A copy of these minutes is
on file in the Office of the Lancaster County Clerk.)
2) ADDITIONS AND DEDUCTIONS:
Approval of 28 additions and deductions to the tax assessment
rolls per Exhibit A. (19982885) (19982886)
3) MOTOR VEHICLE TAX EXEMPTIONS:
Legal Services of Southeast Nebraska
Martin Luther Homes of Nebraska, Inc.
School Sisters of Christ the King
St. Monica's
4) NOTICE OF VALUATION CHANGE FOR OMITTED OR UNDERVALUED
PROPERTY FOR THE FOLLOWING:
Nebraska Nurseries
The Priestly Fraternity of Saint Peter
5) ADJOURNMENT:
MINUTES
Lancaster County Board Of Commissioners
Commissioners Chambers
First Floor, County-City Building
Tuesday, December 8, 1998
1:30 p.m.
Commissioners Present: Linda Steinman, Chair
Kathy Campbell
Bernie Heier
Larry Hudkins
Commissioners Absent: Steve Svoboda
Others Present: Kerry Eagan, Chief Administrative Officer
Kandra Hahn, County Clerk
Diane Staab, Deputy County Attorney
1) MINUTES: Approval of the minutes of the Board of Commissioners meeting
held on Tuesday, December 1, 1998. (A copy of these minutes is
on file in the Office of the Lancaster County Clerk.)
MOTION: Campbell moved and Heier seconded approval. On call Campbell,
Hudkins, Heier and Steinman voted aye. Motion carried.
2) CLAIMS: Approval of all claims processed through Tuesday,
December 8, 1998.
MOTION: Heier moved and Campbell seconded approval. On call Heier,
Campbell, Steinman and Hudkins voted aye. Motion carried.
3) The Clerk asked if anyone present requested a change in the agenda.
No requests were made and the meeting proceeded as planned.
4) PUBLIC HEARINGS:
A. Vacation of a portion of West Martell Road between
Southwest 72nd and Southwest 86th Streets
in Lancaster County, Nebraska.
The Chair reconvened the public hearing and asked if anyone
wished to testify in favor of the vacation.
Hugh Sieck, representing himself and his grandmother, Antonia
Sieck, appeared and briefly discussed documentation
distributed which contained the following:
*Map of West Martell Road between Southwest 72nd
and Southwest 86th Streets
*Plat of land ownership
*Map showing problem of road being closed
*Pictures of closed bridge from west and east sides
*Pictures showing problem with dumping
Hudkins asked Sieck if he could foresee a reason why the road
may be needed in the future.
Sieck stated the only reason for the road would be for
individuals who need access to property.
Hudkins asked if the Crouse Estate is satisfied with the
ingress and egress.
Sieck stated he has visited with the farm manager of the
Crouse Estate and has received conflicting responses. He
explained the farm manager had stated he was in favor of the
vacation, however, Allan Sieck, renter of the property, is
opposed.
Sieck said he had contacted Allan Sieck within the past 24
hours and was told he would be willing to accommodate them if
his farm manager is in favor of the vacation.
Heier stated if Sieck could obtain a signed letter from the
Crouse Estate that would satisfy his concerns regarding the
vacation.
Sieck stated they have also discussed not closing the road to
the east at the mile, but at the half-mile instead.
Hudkins stated he would also prefer to have a letter
indicating that the parties involved would have access.
The Chair asked if anyone wished to testify in opposition of
the vacation.
Larry Worrell, County Engineering Department, appeared in a
neutral position and stated he had received a telephone call
from Norman Farnham, owner of property on the east half-mile,
south side, who does not object to the issue of the road
being closed, but did express concerns about vacating it.
Don Thomas, County Engineer, stated it is their intention to
replace the bridge at some point in the future.
Campbell asked if it would be in the County's best interest
to vacate the west half.
Thomas stated that was correct.
In response to a question from Campbell, Thomas stated they
could barricade the east half at the half-mile and place a
"No Outlet" "Road Closed" sign at the beginning.
The Chair recessed the public hearing to be reconvened
Tuesday, December 15th.
B. A manager application for Barry Alan Townsend in
connection with a liquor license for Whitehead, Inc.
dba/U-Stop Convenience Shop located at 6600 North
84th Street. (19982827)
The Chair opened the public hearing and asked if anyone
wished to testify in favor of the application.
No one appeared and the Chair asked if anyone wished to
testify in opposition.
Terry Wagner, County Sheriff, appeared and explained that
Townsend has pled guilty and waived sentencing on a felony
conviction in Nevada. He reported that Townsend has also
pled guilty to one count of attempted embezzlement and one
count of conspiracy to commit embezzlement.
Wagner explained that according to statute no license should
be issued to a person who has been convicted or has pled
guilty to a felony or a Class I misdemeanor. On that basis
the Sheriff's Office recommended denial.
No one appeared to speak on a neutral basis and the Chair
closed the public hearing. Action will be taken on Tuesday,
December 15th.
5) NEW BUSINESS:
A. An agreement with Kip Hulvershorn to provide consulting
services to the County in connection with the Wilderness
Park Subarea Plan, not to exceed $16,250. (19982896)
MOTION: Campbell moved and Heier seconded approval. On call Hudkins,
Steinman, Heier and Campbell voted aye. Motion carried.
B. An agreement with St. Elizabeth Home Health and Hospice
for hospice services to individuals eligible for Medicare
and Medicaid residing at Lancaster Manor. This is at no
cost to the County. (19982891)
MOTION: Heier moved and Campbell seconded approval. On call
Steinman, Campbell, Hudkins and Heier voted aye. Motion
carried.
C. A disbursement from the Lancaster County Leasing
Corporation 1992 Construction Fund to Pegler-Sysco Food
Services Company, in the amount of $1,557.05, for a
popcorn popper for the activities center at Lancaster
Manor. (19982860)
MOTION: Heier moved and Campbell seconded approval.
On call Heier, Hudkins, Campbell and Steinman
voted aye. Motion carried.
D. A political subdivision tort claim filed against
Corrections by Billie Chapman, for lost and damaged
property, in the amount of $32.
(19982892)
MOTION: Campbell moved and Heier seconded to accept the Director's
recommendation and deny the claim. On call Campbell,
Steinman, Heier and Hudkins voted aye. Motion carried.
E. A political subdivision tort claim filed against
Corrections by Diana L Smith for lost property, in the
amount of $160.94. (19982893)
MOTION: Campbell moved and Hudkins seconded to accept the Director's
recommendation and deny the claim. On call Heier, Steinman,
Campbell and Hudkins voted aye. Motion carried.
F. A political subdivision tort claim filed against
Lancaster County by Rodney Vincent and Cheryl Lechner,
attorneys representing Tina Nelson, Personal
Representative of the Estate of Michael Monroe Porter,
for damages, in the amount of $1,500,000. (19981667)
Diane Staab, Deputy County Attorney, recommended the claim be
denied because it doesn't state a cause of action against the
County.
MOTION: Hudkins moved and Campbell seconded to accept the County
Attorney's recommendation and deny the claim. On call
Steinman, Hudkins, Heier and Campbell voted aye. Motion
carried.
G. Recommendations from the Personnel Policy Board to amend
the following Personnel Rules: (19982897)
* Rule 17.6--Rate of pay as a result of reallocation
* Rule 17.7--Rate of pay as a result of change in pay
grade of class
* Rule 19.3--Sick leave
MOTION: Campbell moved and Heier seconded approval. On call
Campbell, Hudkins, Steinman and Heier voted aye. Motion carried.
H. Appointment of Barbara Armstead, Becky Wild and Tami
Damian to the Attention Center Advisory Committee, terms
beginning January, 1999 and expiring January, 2001.
(19982863)
MOTION: Heier moved and Campbell seconded approval. On call Hudkins,
Heier, Campbell and Steinman voted aye. Motion carried.
I. Appointment of Tom Messick, Gaylan L Suhr and Dale J
Kabes to the Lancaster County Extension Board, terms
beginning January, 1999 and expiring January, 2002.
(19982862)
MOTION: Hudkins moved and Heier seconded approval.
Ward Shires, Extension Educator, appeared and requested that
the introduction of the appointees be postponed.
ROLL CALL: Campbell, Heier, Steinman and Hudkins voted aye. Motion
carried.
J. Amendment to a contract with Nebraska Health and Human
Services extending the terms of the contract and
expansion of the reporting requirements. (Contract 6771)
(19982905)
MOTION: Heier moved and Campbell seconded approval. On call Heier,
Campbell, Steinman and Hudkins voted aye. Motion carried.
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. Request from Doug Kersten, an employee in the County
Engineer's Department, to voluntarily participate in the
County's Retirement Plan, effective December 31, 1998.
(19982875)
B. A maintenance agreement with Output Technology for a high
speed printer for the Corrections Department, in the
amount of $345, beginning January 2, 1999 and ending
January 1, 2000. (19982844)
C. Renewal of a two year rate plan agreement and upgrade of
equipment with Aliant Cellular for the County Attorney's
Office, in the total amount of $349.80 (19982894)
D. An agreement with the Lincoln Airport Authority for the
rental of a T-Hangar for the Sheriff's Office aircraft,
in the amount of $1,224, beginning January 1, 1999 and
ending December 31, 1999. (19982861)
E. A change order with Hartmann Construction Company for
extension of a culvert on the north side of Arbor Road,
for an increase of $3,124.80. (Project C55-G-408(1))
(19982878)
F. A change order with Hartmann Construction Company for
channel repair along the west side of Northwest
70th Street north of Agnew Road, for an increase
of $8,512.20. (Project C55-D-86) (19982880)
G. A change order with S.P. Olson Enterprises, Inc. for
additional dirt work on portions of South 27th
Street, Yankee Hill Road and South 84th Street,
for an increase of $2,469.91. (Project 98-19) (19982879)
H. Contracts for road improvements with the following:
* Adolph C Grant on North 1st Street near Alvo
Road, in the amount of $4,006.50 (2 contracts)
(19982881 and 19982888)
* Dick Parrott on North 1st Street near Alvo
Road, in the amount of $10 (19982882)
* John L Reed near North 112th Street and
Havelock Avenue
(Quitclaim deed) (19982883)
* Robert A and Shirley A Christiansen near North
112th Street and Havelock Avenue (Quitclaim
deed) (19982884)
MOTION: Campbell moved and Heier seconded approval of the Consent
Items. On call Hudkins, Campbell, Steinman and Heier voted
aye. Motion carried.
7) ANNOUNCEMENTS:
Kerry Eagan, Chief Administrative Officer, stated the County
Board will hold a meeting on Thursday, December 10, 1998 at 8
a.m. in the conference room immediately west of the County
Commissioners Chambers, Room 113, on the first floor of the
County-City Building.
8) ADJOURNMENT:
MOTION: Campbell moved and Heier seconded adjournment. On call
Campbell, Hudkins, Heier and Steinman voted aye. Motion
carried.
Kandra Hahn
County Clerk
MINUTES
Lancaster County Board Of Equalization
Commissioners Chambers
First Floor, County-City Building
Tuesday, December 8, 1998
1:30 p.m.
Commissioners Present: Linda Steinman, Chair
Kathy Campbell
Bernie Heier
Larry Hudkins
Commissioners Absent: Steve Svoboda
Others Present: Norm Agena, County Assessor
Kerry Eagan, Chief Administrative Officer
Kandra Hahn, County Clerk
Diane Staab, Deputy County Attorney
1) MINUTES: Approval of the minutes of the Board of Equalization meeting
held on Tuesday, December 1, 1998. (A copy of these minutes is
on file in the Office of the Lancaster County Clerk.)
MOTION: Hudkins moved and Campbell seconded approval of the minutes
of December 1, 1998. On call Campbell, Hudkins, Heier and
Steinman voted aye. Motion carried.
2) ADDITIONS AND DEDUCTIONS:
Approval of 28 additions and deductions to the tax assessment
rolls per Exhibit A. (19982885) (19982886)
MOTION: Hudkins moved and Heier seconded approval. On call Heier,
Campbell, Steinman and Hudkins voted aye. Motion carried.
3) MOTOR VEHICLE TAX EXEMPTIONS:
Legal Services of Southeast Nebraska
Martin Luther Homes of Nebraska, Inc.
School Sisters of Christ the King
St. Monica's
MOTION: Campbell moved and Heier seconded approval of motor vehicle
tax exemptions for Legal Services of Southeast Nebraska,
Martin Luther Homes of Nebraska, Inc., School Sisters of
Christ the King and St. Monica's. On call Steinman, Heier,
Campbell and Hudkins voted aye. Motion carried.
The Chair recessed the Board of Equalization meeting and reconvened it at
2:30 p.m.
4) NOTICE OF VALUATION CHANGE FOR OMITTED OR UNDERVALUED
PROPERTY FOR THE FOLLOWING:
Nebraska Nurseries
Richard Speidell, owner, appeared and gave a brief background
on the property. He explained he purchased the property ten
years ago and created a series of four wetland cells. He
stated the remaining corner of the outlot is entirely in the
floodplain and floodway of Antelope Creek. Speidell stated
all are non-buildable, non-access areas.
Norm Agena, County Assessor, stated he wasn't aware of the
corner being in the floodplain or floodway and would like to
review the property again.
It was the consensus of Board of Equalization to defer action
for one week.
The Priestly Fraternity of Saint Peter
Kent Radke, attorney representing The Priestly Fraternity of
Saint Peter, appeared and stated they have no problem with
value, however, his purpose in being before the Board of
Equalization is his concern about the tax exempt status of
the property, effective for tax year 1998. He stated it was
his understanding that because the tax exemption was filed
after August 1, 1998 that The Priestly Fraternity of Saint
Peter has lost the use of the exemption for 1998, however,
the exemption would be effective for 1999.
MOTION: Campbell moved and Heier seconded to accept the
County Assessor's recommendation and set the value at
$220,000 for The Priestly Fraternity of Saint Peter. On call
Heier, Campbell, Steinman and Hudkins voted aye. Motion
carried.
5) ADJOURNMENT:
At the direction of the Chair, the Board of Equalization was adjourned.
Kandra Hahn
County Clerk