Lancaster County
Board of Commissioners
Board of Commissioners
lancaster.ne.gov
STAFF MEETING AGENDA
Lancaster County Board of Commissioners
County-City Building
Meeting Room #113 - Adjacent to Council Chambers
Thursday, April 16, 1998
8:00 a.m.
AGENDA ITEM
1 APPROVAL OF STAFF MEETING MINUTES OF APRIL 9, 1998
2 ADDITIONS TO AGENDA
3 8:00am COMMISSIONERS' MEETING REPORTS (See Item #13)
4 8:30am LEGISLATIVE UPDATE
Gordon Kissel, Legislative Consultant
5 9:00am REVIEW OF ECONOMIC DEVELOPMENT PROGRAM
Troy Gagner, Economic Development Coordinator
6 9:30am ROAD IMPROVEMENT DISTRICTS
Diane Staab, Deputy County Attorney;
Don Thomas, County Engineer
7 10:00am PENDING AND POTENTIAL LITIGATION; SALE OF REAL PROPERTY
Dennis Banks, Attention Center Director;
Diane Staab, Deputy County Attorney
8 10:30am ST. FRANCIS CHAPEL SALE CONDITIONS
Diane Staab, Deputy County Attorney;
Ed Zimmer, Planning Department
9 ACTION ITEMS
a. Request from Cedars Youth Services to Rent Space at
Trabert Hall
b. Additional Appropriations Letter
10 CONSENT ITEMS
a. Vacation Requests from Kit Boesch:
(1) Monday, July 6 through Friday, July 10, 1998;
(2) Monday, August 17 through Friday, August 21, 1998
b. Conference (Different Kids/Different Solutions) in
Washington, D.C. - Thursday, April 30 through Friday,
May 1, 1998
c. Microcomputer Request C#98122 from Attention Center
for $1,279.42 from Microcomputer Fund for Compaq
Deskpro, Software and Surge Strip
11 ADMINISTRATIVE OFFICER REPORT
a. Request from Harold Mosher to Purchase Vacated
Right-of-Way (NW Corner of Highway 2 and 70th Street)
b. County Board Representative for City's Growth at the
Fringe Committee
c. W. Adams Street Between NW 126th and NW 140th Streets
d. Response to Wilderness Park Correspondence
12 PENDING
13 DISCUSSION OF BOARD MEMBER MEETINGS
a. Master Plan Steering Committee - Hudkins
b. Ag Land Valuation - Hudkins
c. Parks & Recreation Advisory Committee - Tussing
d. Public Building Commission - Campbell, Hudkins
e. District Energy Corporation - Hudkins, Svoboda
f. Board of Health - Hudkins
g. Government Access & Information Committee - Steinman
14 SCHEDULE OF BOARD MEMBER MEETINGS
a. City-County Common Meeting - Friday, April 17, 1998 at
8:00 a.m., at the County-City Building, Room #113
All Commissioners
b. Visitors Promotion Committee - Monday, April 20, 1998,
at 1:00 p.m., at the Chamber of Commerce - Steinman
c. Rural Fire District Meeting - Tuesday, April 21, 1998,
at 7:00 p.m., at the County-City Building,
Commissioners Hearing Room - All Commissioners
15 INVITATIONS TO BOARD MEMBERS
a. Open House/Dedication of Fire Protection Technology
Building at Southeast Community College Lincoln Campus
- Sunday, April 19, 1998, at 1:00 p.m., at 8800 "O"
Street
b. Lancaster County Environmental Awards Ceremony -
Thursday, April 23, 1998, at 7:00 p.m., at the Bryan
Memorial Hospital Plaza Conference Center
c. Lincoln Fire Department Base of Operations Exercise -
Saturday, April 25, 1998, at 4:00 p.m., at the
Technical Training Facility, 2nd and South Streets
d. SW Business & Civic Association's 17th Annual Elected
Officials Recognition Day - Thursday, May 7, 1998, at
11:30 a.m., at Speedway Motors Museum, 300 Speedway
Drive
16 CORRESPONDENCE TO THE COUNTY BOARD
17 CORRESPONDENCE FROM THE COUNTY BOARD
18 AGENDA ITEMS FOR COUNTY BOARD MEETING OF APRIL 21, 1998
19 EMERGENCY ITEMS AND OTHER BUSINESS
MINUTES
Lancaster County Board of Commissioners
County-City Building
Meeting Room #113
Thursday, April 16, 1998
8:00 a.m.
Commissioners Present: Linda Steinman, Chair
Kathy Campbell
Steve Svoboda
Darlene Tussing
Larry Hudkins
Others Present: Kerry Eagan, Chief Administrative Officer
Ann Taylor, County Clerk's Office
AGENDA ITEM
1 APPROVAL OF MINUTES OF THE COUNTY BOARD OF COMMISSIONERS MEETING OF
APRIL 9, 1998
MOTION: Hudkins moved and Svoboda seconded approval of the minutes.
Campbell requested, for clarification, that her comments on Page 3, Item 4,
Paragraph 4 of the minutes be amended to read as follows:
Campbell suggested that the Board wait to consider the future use of a
Consultant or a new Request for Proposal (RFP) until after decisions on
self-funding and whether to change to a calendar plan year have been made.
The maker and seconder of the motion concurred with Campbell's amendment.
ROLL CALL: On call Hudkins, Svoboda, Tussing, Campbell and Steinman
voted aye. Motion carried.
2 ADDITIONS TO THE AGENDA
a. Board Representation in Selection Process for Lincoln/Lancaster
Department of Health Department Director
MOTION: Tussing moved and Campbell seconded approval of the addition to the
agenda. On call Tussing, Campbell, Svoboda, Hudkins and Steinman
voted aye. Motion carried.
ADDITIONS TO THE AGENDA
a. County Board Representation in Selection Process for Lincoln/
Lancaster Department of Health Department Director
Steinman reported on a request from Mayor Johanns for two representatives
from the County Board to participate in the selection process for the new
Lincoln/Lancaster Department of Health Department Director (Exhibit A).
Board consensus to appoint Steinman and Hudkins to serve as the Board's
representatives.
3 COMMISSIONERS MEETING REPORTS (Agenda Item 12)
a. Master Plan Steering Committee - Hudkins
Hudkins reported that discussion focused on placement of reverse locks on
office doors, a plywood courtroom mockup for the Hall of Justice and Law
Enforcement Center and location of a bulletin board in the basement of the
County-City Building for American Federation of State, County & Municipal
Employees (AFSCME) notices.
b. Ag Land Valuation Board - Hudkins
Hudkins reported that the Ag Land Valuation Board discussed valuation
disparity, related to the definition of Marshall soils, with regards to
several sections of land along the Lancaster County and Cass County border.
Hudkins stated that specific action by the Ag Land Valuation Board was
deferred to allow the Assessors an opportunity to work on a solution to the
problem over the summer months.
4 LEGISLATIVE UPDATE - Gordon Kissel, Legislative Consultant
Gordon Kissel, Legislative Consultant, briefly reviewed a list of scheduled
Interim Hearings (Exhibit B).
In response to a question from Hudkins, Kissel stated that a veto of LB
1175, which changes provisions relating to schools, by the Governor could
trigger a Legislative Special Session.
Hudkins suggested that, if a Special Session is called, the Legislature
reconsider LB 512, which changes placement and transportation cost
provisions relating to juveniles and limits the responsibility of counties
for post adjudication boarding costs.
In response to a question from Dave Kroeker, Budget & Fiscal Officer, Kissel
stated that the distribution formula in LB 1120, which changes provisions
relating to fire protection districts, is fluid. He also noted that funding
will be decided on a year by year basis.
The Board requested Kissel to review the language in his contract with the
County, and subsequent amendments, and to contact Eagan with revision
suggestions.
DISCUSSION OF BOARD MEMBER MEETINGS
c. Parks & Recreation Advisory Committee - Tussing
Tussing reported that the Parks & Recreation Advisory Committee reviewed the
plan for Densmore Park on 14th Street.
d. Public Building Commission - Campbell, Hudkins
Campbell reported that the Public Building Commission authorized the
purchase of 17 window air conditioning units for the courtrooms in the Old
Federal Building and roofing repair on the "K" Street Building.
Additional topics of discussion were:
~ Suspended office signs
~ Volunteer staffing of Information Desk
~ Flags for the front of the County-City Building
Campbell also reported that the Advisory Committee was being revived to
address issues, including courtroom technology, related to the Hall of
Justice and Law Enforcement Center.
5 REVIEW OF ECONOMIC DEVELOPMENT PROGRAM
Troy Gagner, Economic Development Coordinator
Troy Gagner, Economic Development Coordinator, briefly reviewed the Business
Enhancement Programs of the City of Lincoln and Lancaster County
(Commissioners Information Packet).
Gagner noted that there are three levels of financing available:
1. Gap Financing Program (GAP)
Intended to leverage private sector investment.
2. Capital Access Program (CAP)
Provides small firms, that are unable to obtain funding from
traditional lenders, access to business capital.
3. Micro-Lending Programs
~ Self Employment Loan Fund (SELF)
~ Rural Enterprise Assistance Program (REAP)
Designed for very small businesses which need small amounts
of credit and business assistance.
In response to a question from Dave Kroeker, Budget & Fiscal Officer, Gagner
stated that a separate account could be set up to clearly delineate funds
earmarked for the CAP program.
Campbell noted that the criteria for the County differs from the City and
asked whether the State Department of Economic Development had noted any
concerns in reviewing the materials.
Gagner responded no, although a search for the County's original
Community Development Block Grant (CDBG) was still being conducted.
Gagner also presented a draft of a Workforce Development System (Exhibit C),
currently being developed by the City in partnership with the Lincoln
Partnership for Economic Development, State Department of Health and Social
Services, Lincoln Chamber of Commerce and several public agencies and
private businesses, to match unemployed and under-employed individuals,
with limited job skills, with businesses seeking employees. He noted that
the public agencies would assist with client intake and assessment, while
the employers would provide basic and job specific work skills training.
Gagner stated that businesses in the County, as well as the City, would be
able to participate in the program.
Campbell suggested the inclusion of agribusinesses in the program, although
she noted that transportation of individuals in the program to those
businesses could be an obstacle.
Gagner noted that a "Rides for Work" program, which is currently being
developed, could help employees in the program meet transportation needs.
6 ROAD IMPROVEMENT DISTRICTS - Diane Staab, Deputy County Attorney;
Don Thomas, County Engineer; Mike DeKalb, Planning Department
Campbell reported that methods of financing rural road improvements include:
~ "Pass the Hat", money is collected upfront from the individual
landowners to pay the contractor upon completion of road improvements
~ Neighborhood Association Assessment, Neighborhood Association reaches
an agreement with the County and County pays a portion of road
improvement costs
~ Special Improvement Districts (S.I.D.), landowners petition and form
their own district and finance road improvement costs and enforce
assessment themselves
~ Rural Road Improvement Districts (R.I.D.), landowners petition and
form a district, may request the County to finance all or a portion
of the road improvements, County would enforce payment of assessments
Campbell reported that the Rural Road Improvement Committee decided that
development of procedures for establishing a Special Improvement District
should be their first order of business.
Diane Staab, Deputy County Attorney, briefly reviewed a draft of Procedures
and Policies Related to Forming a Special Improvement District
(Commissioners Information Packet).
Following a brief discussion, the following amendments to the procedures and
policies were made:
~ Include a "Statement of Purpose" at the top of the document
~ Note the two options, and resulting requirements, in the
FILING REQUIREMENTS section
~ Add a "Certificate of Ownership" requirement to the list of
FILING REQUIREMENTS
~ Add the clarification that it is the "Petitioners" that
provide authorization to the temporary board of trustees in
the list of FILING REQUIREMENTS
~ Add the requirement that independent engineers provide
inspection and testing of the road improvements to ensure
Lancaster County Minimum Road Standards compliance in the
list of FILING REQUIREMENTS
~ List the public hearing requirement first under the heading
NOTICE AND PUBLIC HEARING
~ Note that it is the policy of the County Board to require
that the boundaries of a Special Improvement District
include the entire subdivision and for the roads within the
district to be of the same surface type
~ Indicate in the section titled COUNTY ENGINEER that all
County road improvements shall comply with the Lancaster
County Minimum Road Standards, as adopted by the County
Board of Commissioners (Resolution Nos. 2929, 3909, 4693 and
any other amendments thereto).
In response to a question from Campbell, Staab stated that the County Board
could not deny a petition, if the criteria is met.
Staab also noted that it is the Board's responsibility to set the boundaries
of the Special Improvement District (SID) at the public hearing, not to
determine the merits of the proposed district. A special election will then
be held within the district to determine whether a SID should be formed.
Thomas noted that State Statutes require the Special Improvement District
(SID) to reimburse the County for road maintenance costs. He questioned who
would be responsible for the reimbursement once the SID is dissolved.
Campbell reported that she would be attending a meeting of the Yankee Ridge
Neighborhood Association that evening and requested copies of the Procedures
and Policies Related to Forming a Special Improvement District draft, with
the approved revisions, to present to those in attendance, as their group
is considering whether to petition for a SID. Don Thomas, County Engineer,
agreed to attend the meeting with Campbell, to answer questions.
MOTION: Campbell moved and Hudkins seconded to set the date for a public
hearing on the Procedures and Policies Related to Forming a Special
Improvement District and Amendment of County Road Standard 30-39 at
the County Board of Commissioners meeting scheduled for Tuesday,
April 21st. On call Campbell, Hudkins, Svoboda, Tussing
and Steinman voted aye. Motion carried.
Campbell requested that Eagan notify all of the subdivisions that have
expressed interest in the road improvement district issues of the Board's
action.
In response to a question from Hudkins, Thomas reported that the County's
existing supply of rock material should be sufficient to meet its current
needs.
7 PENDING AND POTENTIAL LITIGATION; SALE OF REAL PROPERTY
Dennis Banks, Attention Center Director;
Diane Staab, Deputy County Attorney
MOTION: Hudkins moved and Tussing seconded to enter Executive Session
at 10:05 a.m. for the purpose of pending and potential litigation.
On call Hudkins, Tussing, Campbell, Svoboda and Steinman voted aye.
Motion carried.
MOTION: Tussing moved and Hudkins seconded to exit Executive Session
at 10:45 a.m. On call Tussing, Hudkins, Campbell, Svoboda and
Steinman voted aye. Motion carried.
8 ST. FRANCIS CHAPEL SALE CONDITIONS
Diane Staab, Deputy County Attorney;
Ed Zimmer, Historic Preservation Planner,
Anne Senkbeil and Malley Keelan, St. Francis Chapel Foundation
Eagan noted that it was brought to the Board's attention that reservations
for use of the Chapel have been accepted beyond the St. Francis Chapel
Foundation's lease period. He stated that an agreement to honor those
obligations, through December 31, 1998, would be made a condition of the
sale. Closing on the property would take place at that time.
Eagan suggested that the lease with the St. Francis Chapel Foundation be
extended through December 31, 1998 to accommodate those bookings.
Anne Senkbeil, St. Francis Chapel Foundation, agreed to the extension.
Eagan stated that immediate repair of the roof, at the buyer's expense,
would also be a condition of the sale, with the stipulation that repairs
to the roof would not result in cancellation of scheduled events. He noted
that the lease extension will need to include accommodation of the roof
repair.
Diane Staab, Deputy County Attorney, stated that four hours of public access
to the Chapel each week will also be included in the sale conditions.
In addition, Ed Zimmer, Historic Preservation Planner, stated that the
Historical Commission will oversee four public events at the Chapel each
year.
Malley Keelan, St. Francis Chapel Foundation, noted that tapes of concerts
held in the past at the Chapel are frequently broadcast on Cablevision
Channel 20 and asked whether sale of the Chapel would prohibit future
broadcasts.
Eagan stated that it would not be proper for the Board to list the
broadcasts as a sale condition.
Keelan also noted that a number of keyboard instruments in the
Chapel, including a grand piano, belong to the St. Francis Chapel
Foundation and should not be included in the sale.
The Board authorized Kerry Eagan, Chief Administrative Officer,
and Diane Staab, Deputy County Attorney, to continue work through
the conditions and terms of the sale of the St. Francis Chapel,
with announcement of those conditions when the date of the sale
is set, and to work with Terry Wagner, Lancaster County Sheriff,
in coordinating the details of the auction of the property.
DISCUSSION OF BOARD MEMBER MEETINGS
g. Government Access & Information Committee - Steinman
Steinman reported that an option to place real time video of public meetings
filmed by City TV on the Internet was discussed. She stated that the cost
to the City and County to provide this access would be $3,000 each.
Steinman also noted that soundcards and speakers, at a cost of approximately
$250, would be necessary for any County departments seeking access.
Hudkins requested that Steinman research the ongoing costs for
the Board's consideration.
Steinman also reported that the Visitors & Convention Bureau has requested
removal from the InterLinc website. She noted that a link to the website
would remain, but questions remain regarding control of information on the
website if there are changes to the contract between the Chamber of Commerce
and Visitors PromotionCommittee.
Steinman left and Campbell assumed direction of the meeting.
9 ACTION ITEMS
a. Request from Cedars Youth Services to Rent Space at Trabert Hall
Eagan reported that there is sufficient space available in Trabert Hall to
meet the request. He noted that a square footage cost of $6.60, for fiscal
year 1998- 99, would be assessed. The cost for this budget year is $6.27.
MOTION: Tussing moved and Hudkins seconded approval. On call Tussing,
Hudkins, Svoboda and Campbell voted aye. Steinman was absent.
Motion carried.
b. Additional Appropriations Letter (Commissioners Information Packet)
MOTION: Tussing moved and Hudkins seconded to approve the additional
appropriations letter. On call Hudkins, Svoboda, Tussing, and
Campbell voted aye. Steinman was absent. Motion carried.
10 CONSENT ITEMS
a. Vacation Requests from Kit Boesch, Human Services Administrator,
for Monday, July 6 through Friday, July 10, 1998 and Monday August
17 through Friday, August 21, 1998
b. Request from Kit Boesch, Human Services Administrator, to attend
Different Kids/Different Solutions, a Juvenile Justice Conference,
in Washington D.C., Thursday, April 30 through Friday, May 1, 1998
c. Microcomputer Request C#98122 from the Attention Center for
$1,279.42 from the Microcomputer Fund for Compaq Deskpro, Software
and Surge Strip
MOTION: Hudkins moved and Tussing seconded approval of the Consent Items.
On call Svoboda, Hudkins, Campbell and Tussing voted aye. Steinman
was absent. Motion carried.
11 ADMINISTRATIVE OFFICER REPORT
a. Request from Harold Mosher to Purchase Vacated Right-of-Way (NW
Corner of Highway 2 and 70th Street)
Eagan reported that Mike Thew, Chief Deputy County Attorney, has issued an
opinion that the County can sell directly to an adjacent landowner in a
road vacation.
Eagan will ask the County Attorney to prepare a resolution directing the
County Engineer to conduct a study with regards to the road vacation.
b. County Board Representative for City's Growth at the Fringe
Committee
The Board appointed Campbell to serve as its representative on the City's
Growth at the Fringe Committee.
c. W Adams Street Between NW 126th and NW 140th Streets
Eagan reported that four property owners on this road received notices from
their mail carrier that mail would not be delivered when road conditions
were treacherous. He reported that the County Engineering Department has
placed rock material on the road to alleviate the problem.
Hudkins reported that Joanne Lostroh, one of the property owners, had
contacted him regarding the gruff response she had received from staff in
the County Engineer's office when she called to report the problem.
Hudkins stated that he has received a number of complaints from constituents
regarding the County Engineer's office and suggested that they seek to
improve their public relations skills.
Hudkins suggested that Don Thomas, County Engineer, be requested to present
a Rural Maintenance Road Program to the Board at the Budget Hearings.
Hudkins also reported that 39 employees in the County Engineering Department
have signed a petition noting safety concerns with regards to the side-
mounted rotary mowers.
d. Response to Wilderness Park Correspondence
Eagan presented a draft of a letter of response to correspondence received
by the Board with regards to Wilderness Park.
The Board approved the draft for individual use by Board members.
The Board also requested Eagan to notify the Lincoln Journal/Star newspaper
City Editor that the Wilderness Park Study is being conducted by the County,
not the City of Lincoln.
12 DISCUSSION OF BOARD MEMBER MEETINGS
a. Master Plan Steering Committee - Hudkins
b. Ag Land Valuation Board - Hudkins
c. Parks & Recreation Advisory Committee - Tussing
d. Public Building Commission - Campbell, Hudkins
Items a, b, c, d and g were moved forward on the agenda.
e. District Energy Corporation - Hudkins, Svoboda
Svoboda reported that the Lincoln Journal/Star has decided not to
participate in the District Energy plan for that area.
Hudkins reported that a $300,000 bridge loan from the National Bank of
Commerce to finance the District Energy project for the State Capitol
Building was approved.
f. Board of Health - Hudkins
Hudkins requested that his report on the Board of Health take place in
Executive Session.
g. Government Access & Information Committee - Steinman
h. Region V - Tussing
Tussing reported that growth in Developmental Disabilities was discussed,
with the majority of growth reported as having taken place in Lancaster
County. She noted that the $1.78 per capita cost will be maintained, due
in part to a decrease in administrative costs. Legislative initiatives and
the 25th Anniversary Celebration and dance were also discussed.
In the area of Behavioral Health, Tussing reported that State appropriations
will remain the same as last year. She stated that Medicaid Rehab Option
funds will not become available in time to meet budget shortfalls. She
stated that, as a result, a deficit appropriation for the Community Mental
Health Center may be necessary.
The Board requested that George Hanigan, Community Mental Health Center
Executive Director, be scheduled for a Thursday, County Board of
Commissioners meeting to report on the situation.
EXECUTIVE SESSION
MOTION: Tussing moved and Hudkins seconded to enter Executive Session at
11:44 for the purpose of sale of real property and a report on the
Board of Health. On call Tussing, Svoboda, Hudkins and Campbell
voted aye. Steinman was absent. Motion carried.
MOTION: Tussing moved and Hudkins seconded to exit Executive Session
at 12:05 p.m. On call Tussing, Hudkins, Svoboda and Campbell voted
aye. Steinman was absent from voting. Motion carried.
13 SCHEDULE OF BOARD MEMBER MEETINGS
a. City-County Common Meeting - Friday, April 17, 1998 at 8 a.m., at
the County-City Building, Room #113 - All Commissioners
b. Visitors Promotion Committee - Monday, April 20, 1998, at 1 p.m.,
at the Chamber of Commerce - Steinman
c. Rural Fire District Meeting - Tuesday, April 21, 1998, at 7 p.m.,
at the County-City Building, Commissioners Hearing Room - All
Commissioners
14 INVITATIONS TO BOARD MEMBERS
a. Open House/Dedication of Fire Protection Technology Building at
Southeast Community College, Lincoln Campus - Sunday, April 19,
1998, at 1 p.m., at 8800 O Street
b. Lancaster County Environmental Awards Ceremony - Thursday, April
23, 1988, at 7 p.m., at the Bryan Memorial Hospital Plaza
Conference Center
c. Lincoln Fire Department Base of Operations Exercise - Saturday,
April 25, 1998, at 4 p.m., at the Technical Training Facility,
2nd and South Streets
d. Southwest Business & Civic Associations's 17th Annual
Elected Officials Recognition Day - Thursday, May 7, 1998, at
11:30 a.m., at Speedway Motors Museum, 300 Speedway Drive
15 CORRESPONDENCE TO THE COUNTY BOARD
16 CORRESPONDENCE FROM THE COUNTY BOARD
17 AGENDA ITEMS FOR COUNTY BOARD MEETING OF APRIL 21, 1998
18 EMERGENCY ITEMS AND OTHER BUSINESS
19 ADJOURNMENT
By direction of the Vice-Chair, the meeting was adjourned.
_______________________
Kandra Hahn
Lancaster County Clerk