1997 Staff Agendas & Minutes

                               MINUTES
               LANCASTER COUNTY BOARD OF COMMISSIONERS
                         COUNTY-CITY BUILDING
                     FOURTH FLOOR CONFERENCE ROOM
                     THURSDAY, DECEMBER 18, 1997
                              8:30 A.M.

Commissioners Present:  Linda Steinman, Chair
                        Kathy Campbell
                        Steve Svoboda
                        Darlene Tussing
                        Larry Hudkins

       Others Present:  Kerry Eagan, Chief Administrative Officer
                        Diane Staab, Deputy County Attorney
                        Ann Taylor, County Clerk's Office

AGENDA ITEM

     1  APPROVAL OF MINUTES OF COUNTY BOARD OF COMMISSIONERS MEETING
	OF DECEMBER 11, 1997

MOTION: Campbell moved and Tussing seconded approval of the minutes.
	On call Campbell, Tussing, Svoboda and Steinman voted aye.
	Hudkins was absent.  Motion carried.

     2  ADDITIONS TO THE AGENDA

        a.  Support of LR 142
        b.  Mutual Funds Proxy

MOTION: Tussing moved and Campbell seconded approval of the additions
	to the agenda.  On call Tussing, Campbell, Svoboda and Steinman
	voted aye.  Hudkins was absent.  Motion carried.

     2  ADDITIONS TO THE AGENDA

        a.  Support of LR 142

Kit Boesch, Human Services Administrator, appeared and reported that she
would be appearing on behalf of the Board at a Legislative hearing on LR
142, which proposes a comprehensive study of the Nebraska Juvenile
Justice System, scheduled for that morning.

Boesch distributed copies of proposed testimony supporting LR 142
(Exhibit A), noting that the lack of a fiscal partnership effort between
the State and County with regards to juvenile board contracts is
emphasized.  Boesch also noted that she proposed that the scope of the
study be expanded to include mental health, drug/alcohol and other social
services.

Copies of a proposed letter of support by the Board, for the Chair's
signature (Exhibit B) were also distributed.

MOTION: Campbell moved and Tussing seconded authorization of testimony
	in support of LR 142 by Kit Boesch, Human Services Administrator,
	at the Legislative hearing and a letter of support from the Board
	of Commissioners with signature by the Chair.  On call Campbell,
	Tussing, Svoboda and Steinman voted aye.  Hudkins was absent.
	Motion carried.

Hudkins arrived.

     3  RECOMMENDATIONS FROM THE ELECTED OFFICIALS SALARY REVIEW
	COMMITTEE - Jan Gauger, Jim Gordon, and Pat Kahm, Committee
	Members

The Board reviewed the recommendations of the Elected Officials Salary
Review Committee (Exhibit C).

Campbell noted concern regarding the disparity in the salaries for the
Public Defender and the Chief Deputy Public Defender.

Jan Gauger, Elected Officials Salary Review Committee, suggested that
resolution of the issue would probably need to be sought legislatively,
rather than through a salary schedule.

Dennis Keefe, Public Defender, appeared and presented copies of a
memorandum from the Indigent Defense Advisory Committee, supporting the
proposal that the Public Defender's salary be set at 97% of the County
Attorney's salary (Exhibit D).  He stated that equalization of the
salaries was preferred, as the differentiation in salaries between the
two offices implied placement of a higher value on one function.  Keefe
noted that the County Attorney, two Deputy County Attorneys and the Chief
Deputy Public Defender are currently paid larger salaries than the
Public Defender.

Campbell suggested that salary proposed for the Commissioners be lowered
to $27,500 with possible adjustment in two years and that the salary
increase proposed for the County Treasurer, Clerk, Clerk of the District
Court and Register of Deeds be adjusted in two year increments, rather
than the increase and salary freeze noted in the recommendation.

Gauger stated that the salary proposed for the Commissioners was a
reflection of their levy setting responsibilities and meeting schedule
and that the salary proposed for the County Clerk, Clerk of the District
Court and Register of Deeds was a rounding of the figure recommended by
the Nebraska Association of County Officials (NACO).

Pat Kahm, Elected Officials Salary Review Committee, stated that direct
comparison of salaries with the private sector was difficult, as
evaluation of job performance and description, rather than cost of
living, is a determining factor in setting salaries.  She reported that
the Committee had used a 3.5% cost of living figure and considered
market comparability when making their recommendations.

Gauger noted that a placing a four year cap on salaries eliminates the
expectation that a cost of living increase or variable increase will
take place each year.

Diane Staab, Deputy County Attorney, reported that the fee required when
filing for elected office is tied to the salary for that position and
encouraged the Board to set the 1999 salaries to eliminate confusion.

Terry Wagner, County Sheriff, noted concern regarding the compression of
wages for middle management positions that are tied to the elected
official's salary.

The Board requested Kerry Eagan, Chief Administrative Officer, to provide
the Board with figures representing a 3 percent and 3.5 percent salary
increase for the positions of County Attorney, Public Defender, Engineer,
Sheriff and Assessor, based on their 1998 salaries, and the salaries
figures for the Chief Deputies and management array for those offices
for the Board's review at the County Board meeting scheduled for the
morning of January 8, 1998.  Eagan was also requested to project the
amount of salary increases for the County Treasurer, Clerk, Clerk of the
District Court, Register of Deeds and Commissioners if the recommended
increases were to be divided into two year increments and to provide the
salary figures for Chief Deputies in those offices for the Board's
consideration.  The Board also noted that an adjustment of the Public
Defender's salary was needed to make it more comparable with that of the
County Attorney.

The Board requested that an invitation to attend the Board's discussion
of the elected officials salaries at the January 8th morning County
Board meeting and setting of the salaries at the January 13th County
Board meeting be extended to members of the Elected Officials Salary
Review Committee.

     4  EMERGENCY PROTECTIVE CUSTODY AT CORNHUSKER PLACE - Jim
	Baird, Cornhusker Place Director; Dave Kroeker, Budget & Fiscal
        Officer; Steve Hubka, City Budget Director

Jim Baird, Cornhusker Place Director, provided an update on the Quiet
Room project at Cornhusker Place (Exhibit E), noting that the Mayor and
City Council have pledged their of the renovation project, up to $40,000.

Dave Kroeker, Budget & Fiscal Officer, noted that Item 6 is currently on
hold.

Campbell noted that the County will need to allocate $15,000 to
Cornhusker Place for Lancaster County's Emergency Protective Custody
(EPC) clients if revenue through the Community Mental Health Center does
not become available, as projected.

Discussion followed on Driving While Intoxicated (DWI) testing fees, with
Kroeker reporting that a fee of $85, rather than $100, is currently being
assessed by the County Court Judges and that long delays in recovering
fees have resulted in Cornhusker Place not receiving monies.

Campbell suggested that the Board send a letter to the County Court
Judges in support of the $100 DWI testing fee requested by Cornhusker
Place, with a copy to Judith Leech, County Court Judicial Administrator,
and request an audit of the monies for DWI testing fees in the County
Court budget.

Baird noted that some of the Lancaster County Sheriff's deputies prefer
to do the testing themselves at the Cornhusker Place facility, although
the Cornhusker Place staff maintains the testing equipment and provides
assistance.

Baird also requested that the County adopt a policy similar to that of
the City's which allows Cornhusker Place employees to receive a subpoena
fee when testifying in Court.

MOTION: Campbell moved and Tussing seconded to accept the recommendations
	with the following amendments: to Item C, the Board requests
	that the draft letter be developed by Kit Boesch, Human Services
	Administrator, in Item D the Board requests that draft letters
	to the County Judges and the State Auditor be developed by Dave
	Kroeker, Budget & Fiscal Officer, and Steve Hubka, City Budget
	Director, with carbon copies to Judith Leech, County Court
	Judicial Administrator, and Cornhusker Place, and to add Item E
	directing Kerry Eagan, Chief Administrative Officer, to write a
	letter to the County Sheriff, requesting that the County's DWI
        testing be done by the Cornhusker Place staff at their facility,
	with fees to Cornhusker Place.  On call Campbell, Tussing,
	Svoboda, Hudkins and Steinman voted aye.  Motion carried.

John Austin, citizen, appeared and requested to address the Board.

The Chair informed Austin that public comment would only be allowed
under Emergency Items and Other Business.

     5  INTERNET & E-MAIL POLICY; EXTENSION OF CONSULTING AGREEMENT FOR
	PURCHASE OF NATURAL GAS - Diane Staab, Deputy County Attorney

Diane Staab, Deputy County Attorney, reported that several County
agencies had requested her to draft a written Internet policy for their
staff.  She asked if the Board would like to adopt an policy governing
use of the Internet and e-mail for all County employees.

In response to a question from Steinman, Staab stated that the City has
not adopted a formal policy for its employees.  She noted, however, that
a message flashes on the computer screen advising that its use is to be
work related.

Eagan noted that existing policy governing the use of County resources
is probably sufficient.  He also noted that adherence to the policy will
need to be determined at department level.

Campbell stated that it was important that employees be informed that
usage of electronic mediums can be monitored.

Hudkins concurred, noting that department heads should also be notified
of their responsibility to monitor their employees' use of the Internet
and e-mail.

The Board requested Staab to draft a policy for their review.

Staab reported that there is a provision in Task 5 of the contract for
the purchase of natural gas to extend the term of the consultant through
September 1, 1998, at a cost not to exceed $5,000, at a cost to the
County of approximately $800.  She noted that the Lincoln Public Schools,
University of Nebraska, City of Lincoln, Public Building Commission and
District Energy, have agreed to the extension.

MOTION: Campbell moved and Hudkins seconded to authorize Diane Staab,
	Deputy County Attorney, to continue the term of the consultant
	in the contract for the purchase of natural gas.  On call
	Campbell, Hudkins, Svoboda, Tussing and Steinman voted aye.
	Motion carried.

     6  COOPERATIVE EXTENSION INTERLOCAL AGREEMENT - Gary Bergman,
	County Extension Agent

Gary Bergman, County Extension Agent, reported that the University of
Nebraska has signed the Interlocal Agreement, Constitution and By-Laws
for Cooperative Extension Services in Lancaster County (Exhibit F),
noting that the documents have also received the approval of the
Lancaster County Extension Board.  He also explained the addition of
"Exhibit A" to the Interlocal Agreement, which further clarifies County
funded employees utilizing the University's payroll and benefit program.

Bergman reported that a participation fee of approximately $168,000 was
included in the County Extension Fiscal Year 1998 budget.  He noted that
the participation fee would be reduced by 50% next year.

MOTION: Hudkins moved and Campbell seconded to forward the Cooperative
	Extension Interlocal Agreement to Dave Kroeker, Budget & Fiscal
	Officer, and Diane Staab, Deputy County Attorney, for review.
	On call Hudkins, Campbell, Svoboda, Tussing and Steinman voted
	aye.  Motion carried.

     2  ADDITIONS TO THE AGENDA

        b.  Mutual Funds Proxy

Eagan recommended approval, noting that Doug Cyr, Deputy County Attorney,
had reviewed the proxy.

MOTION: Tussing moved and Svoboda seconded approval.  On call Tussing,
	Campbell, Hudkins, Svoboda and Steinman voted aye.  Motion
	carried.

     7  REQUEST FOR PROPOSAL (RFP) FOR AUDIT SERVICES - Dave Kroeker,
	Budget & Fiscal Officer

Dave Kroeker, Budget & Fiscal Officer, reported the following
recommendations of the Audit Committee:

A three year contract, with three renewals of one year each, with a
professional firm to provide auditing services for all Lancaster County
Funds and all County Officers
Public advertisement of Request for Proposal (RFP) for audit services
and notification to 31 accounting firms in Lancaster County
Request firms submitting proposals to list criteria, approach and
additional audit costs, if any, for determining values for County land
and buildings for a complete General Fixed Asset audit
Audit Committee will review the RFP's, assigning a possible 100 points,
25% of which is related to cost and 75% of which is related to technical
review

Steinman requested that information regarding the RFP for auditing
services be placed on the Internet.

Kroeker stated that the Audit Committee should be able to make a
recommendation on selection of an auditing firm to the Board by the
middle of March.

MOTION: Campbell moved and Hudkins seconded to accept the Request
	for Proposal (RFP) for audit services and to authorize the Audit
	Committee to proceed.  On call Campbell, Hudkins, Svoboda,
	Tussing and Steinman voted aye.  Motion carried.

Campbell reported, for the record, that current statutory lids would
apply to the 15 cent lid levy for political subdivisions under LB 1114.

     8  PUBLIC DEFENDER WORKLOAD - Dennis Keefe, Lancaster County
	Public Defender

Dave Kroeker, Budget & Fiscal Officer, reported that file shelves for the
Public Defender's office were not included in the bid specifications,
although they were included in the original drawings.  He stated that Don
Killeen, Property Manager, had indicated that the $4,800 cost for
shelving units would be the responsibility of the County.

Kroeker also reported that the cost of omitted overheads for the law
clerks would be the responsibility of the Public Building Commission.

MOTION: Campbell moved and Tussing seconded to authorize Dave Kroeker,
	Budget & Fiscal Officer, and Larry Hudkins, Board representative
	to the Steering Committee, to make a decision on the file
	shelves for the Public Defender's Office and to place the order.
	On call Campbell, Tussing, Svoboda, Hudkins and Steinman voted
        aye.  Motion carried.

Dennis Keefe, Lancaster County Public Defender, briefly reported on the
increased felony case workload in the Public Defender's office. (Exhibit
H).  He noted that the increase was due to the number of pending first
degree murder cases and attorney absences for paternity/family leave.

In response to a question from Campbell, Keefe stated that the process
for contracting for attorney time is more time consuming than that
required for hiring a part-time attorney.

MOTION: Campbell moved and Tussing seconded to authorize Dennis Keefe,
	Lancaster County Public Defender, to take temporary measures to
	relieve the felony case workload in the Public Defender's
	office, in consultation with Dave Kroeker, Budget & Fiscal
	Officer.  On call Campbell, Tussing, Svoboda, Hudkins and
	Steinman voted aye.  Motion carried.

     9  ACTION ITEMS

        c.  Execution of Quitclaim Deeds for (1) Steven J. Larson and
	    Sandra S. Larson ($1,865) and (2) Phyllis J. Freeland ($874)

MOTION: Tussing moved and Svoboda seconded approval.  On call Tussing,
	Svoboda, Campbell, Hudkins and Steinman voted aye.  Motion
	carried.

    10  CONSENT ITEMS

        a.  Vacation Request from Kerry P. Eagan for Friday, January 9,
	    1998

MOTION: Hudkins moved and Tussing seconded approval.  On call Campbell,
	Hudkins, Tussing, Svoboda and Steinman voted aye.  Motion
	carried.

    11  ADMINISTRATIVE OFFICER REPORT

        a.  Lincoln Sports Commission

Eagan agreed to draft a letter from the Board to Mayor Johanns informing
him that the Board lacks the authority to shift responsibility for
providing staff support to the Lincoln Sports Commission from the
Mayor's Office to the Convention & Visitors Bureau, as he had requested,
and that recommendations for appointments to the Commission would remain
the responsibility of the Mayor, in accordance with City ordinance
(Exhibit G).

        b.  Courier for District Court

Dave Kroeker, Budget & Fiscal Officer, reported that Pride Delivery
could provide courier service at a cost of $100 per month for two
deliveries per day.

MOTION: Hudkins moved and Tussing seconded approval.  On call Hudkins,
	Tussing, Svoboda, Campbell and Steinman voted aye.  Motion
	carried.

        c.  Letter from the Sarpy County Commissioners Regarding the
	    Nebraska Visitors Development Act

Eagan reported that Sarpy County is requesting legislative change to
the Nebraska Visitors Development Act to permit lodging tax revenue to
be used for capital improvements in addition to promotional activities.

Board consensus to refer the item to the Visitors Promotion Committee
and the Hotel Association for review and recommendation.

        d.  Office Blinds

MOTION: Hudkins moved and Campbell seconded to order blinds for all
	interior office windows within the Board's office area, except
	the secretarial and conference room areas, from the County
	Commissioners' budget.  On call Hudkins, Tussing, Svoboda,
	Campbell and Steinman voted aye.  Motion carried.

        e.  Declaration of Federal & State Holiday on December 26, 1997

Steinman noted that the State of Nebraska is required to comply with the
Presidential Order designating December 26, 1997 a federal holiday,
however, local government is not.  She also noted that the American
Federation of State, Municipal and County Employees (AFSMCE) did not
request the holiday during labor negotiations.

The Board requested Eagan to send a memo to the Elected Officials and
Directors, informing them that they have the option of granting vacation
leave for employees requesting that day off.

    12  DISCUSSION OF BOARD MEMBER MEETINGS

        a.  Parks & Recreation Advisory Committee - Tussing

Tussing reported that a smoking policy, which permits smoking in
designated areas only during performances, was established for Pinewood
Bowl in Pioneers Park and the Antelope Park Pavilion.

        b.  Disaster Tabletop Exercise - Hudkins, Svoboda

No report was given.

        c.  Government Access Information Committee (GAIC) - Steinman

Steinman reported that discussion focused on record retention and a
request from Friendship Home to have information regarding their
property holdings omitted from the County's real estate information on
the Internet, for confidentiality reasons.  Larry Hudkins briefly
reported on a meeting held with Dennis Banks, Attention Center Director,
Jack Mills, Nebraska Association of County Officials (NACO) Executive
Director, and Karen Chinn, Chinn Planning, Inc.  He noted that Chinn had
been requested to address County Commissioners during a NACO workshop
scheduled for February.  He also reported that NACO had agreed to
schedule discussion of juvenile issues with members of the Judiciary
Committee and key Legislators.

Hudkins also reported that NACO planned to develop a Resource Division
to serve as an advocate for the Regions.

    13  SCHEDULE OF BOARD MEMBER MEETINGS

	a.  Visitors Promotion Committee - Monday, December 22, 1997,
	    at 10:45 a.m., at the Villager Motor Inn - Svoboda
        b.  Visitors Promotion Committee Luncheon - Monday, December 22,
	    1997, at 11:45 a.m., at the Villager Motor Inn - All
	    Commissioners
        c.  Information Services Policy Committee - Tuesday, December
	    23, 1997, at 11 a.m., in the County-City Building, Mayor's
	    Conference Room - Steinman

    14  INVITATIONS TO BOARD MEMBERS

    15  CORRESPONDENCE TO THE COUNTY BOARD

        a.  Letter from John Spence Regarding the Railroad Transportation
	    Safety District (RTSD)

The Board requested Eagan to forward the letter to Roger Figard, City
Engineer, for response.  The Board also requested that Figard note in
his response that there would be additional scrutiny of the RTSD budget
by the Board, in compliance with LB 1114 provisions.

    16  CORRESPONDENCE FROM THE COUNTY BOARD

    17  AGENDA ITEMS FOR COUNTY BOARD MEETING OF JANUARY 6, 1998

    18  EMERGENCY ITEMS AND OTHER BUSINESS

John Austin, citizen, appeared again and inquired whether the meeting
was "open" to the public.

Steinman stated that it was.

Austin stated that he felt that the Board Chair had deprived him of the
opportunity of addressing the Board and that he would reserve further
comment until the next scheduled Tuesday County Board of Commissioners
meeting.

    19  ADJOURNMENT

By direction of the Chair, the meeting was adjourned.