Lancaster County
Board of Commissioners
Board of Commissioners
lancaster.ne.gov
STAFF MEETING AGENDA Lancaster County Board of Commissioners New County-City Building Meeting Room #113 - Adjacent to Council Chambers Thursday, February 19, 1998 8:00 A.m. AGENDA ITEM 1 APPROVAL OF STAFF MEETING MINUTES OF FEBRUARY 5 AND FEBRUARY 10, 1998 2 ADDITIONS TO AGENDA 3 8:00am BYPASS UPDATE Jim Linderholm, HWS Consulting Group, Inc. Roger Figard, City Engineer 4 8:30am LEGISLATIVE UPDATE Gordon Kissel, Legislative Consultant 5 9:00am RURAL ROAD IMPROVEMENTS Don Thomas, County Engineer Doug Cyr and Diane Staab, Deputy County Attorneys 6 9:45am DIRECTOR EVALUATION Dennis Banks, Attention Center 7 10:15am COMPREHENSIVE PLAN AMENDMENT 20a & b, FROM LOW DENSITY RESIDENTIAL TO COMMERCIAL, LINCOLN BENEFIT LIFE & FIRETHORN, SE OF 84TH & VAN DORN Mike DeKalb, Planning Department 8 10:30am THREE (3) IMAGING WORK STATIONS (C#98041 for $13,052.41) Dan Nolte, Register of Deeds 9 10:45am UPDATE ON STAFF SECURE FACILITY Kit Boesch, Human Services Director; Jim Blue, Cedars Youth Services Director; Dave Kroeker, Budget & Fiscal Officer; Dennis Banks, Attention Center Director 10 11:15am POTENTIAL LITIGATION 11 ACTION ITEMS a. Purchase of Two (2) Electronic Monitoring Units for Juvenile Pre-Adjudication Supervision 12 CONSENT ITEMS a. Microcomputer Requests: 1. Weed Control, C#98009, for $873.79 from County Weed Budget for 4 8M Memory Modules, 16meg Kit for Deskpro, Print Server and Memory Upgrade 2. Lancaster Manor, #C98036, for $403.94 from Lancaster Manor Budget for Printer 3. Lancaster Manor, #C98037, for $1,950.24 from Lancaster Manor Budget for Pentium and Color Monitor 4. Lancaster Manor, #C98038, for $1,217.92 from Lancaster Manor Budget for Laser Printer 5. Lancaster Manor, #C98039, for $3,345.94 from Lancaster Manor Budget for Pentium, CD-ROM, EIDE Tape Drive, Software and Monitor b. Vacation Request from Kerry Eagan for Friday, February 27, 1998 and Friday, March 13 - Monday, March 16, 1998 13 ADMINISTRATIVE OFFICER REPORT a. NACO Southeast District Spring Meeting - Thursday, March 12, 1998 b. Keno Hearing Date c. GIS Symposium (May 4-7, 1998) d. Draft of Ponca Tribe of Nebraska Economic Development Plan e. Lettering for Commissioner Offices 14 PENDING 15 DISCUSSION OF BOARD MEMBER MEETINGS a. Public Building Commission - Campbell, Hudkins b. District Energy Corporation - Hudkins, Svoboda c. Government Access & Information Committee - Steinman 16 SCHEDULE OF BOARD MEMBER MEETINGS a. Chamber Agriculture Committee - Thursday, February 19, 1998, at 12:00 p.m., at the Chamber of Commerce Board Room - Hudkins b. City-County Common -Friday, February 20, 1998, at 8:00 a.m., at the County-City Building, Room #113 All Commissioners c. Management Team - Thursday, February 26, 1998, at 7:30 a.m., at the County-City Building, Room #113 All Commissioners 17 INVITATIONS TO BOARD MEMBERS a. Chamber of Commerce Grand Opening of New Offices and Business After Hours Social - Thursday, February 26, 1998, from 4:30-6:30 p.m., at 1135 "M" St., Suite 200 b. Preservation Association Annual Meeting - Wednesday, March 4, 1998, at 7:30 p.m., at the Joyo Theater, 6102 Havelock Avenue c. City County Employees Credit Union Annual Meeting - Saturday, March 21, 1998, at 5:30 p.m., at Pershing Auditorium 18 CORRESPONDENCE TO THE COUNTY BOARD 19 CORRESPONDENCE FROM THE COUNTY BOARD 20 AGENDA ITEMS FOR COUNTY BOARD MEETING OF FEBRUARY 24, 1998 a. Appointments to the Lancaster County Extension Board: Karen (Kit) Dimon, Alice L. Doane and Jessie Snover 21 EMERGENCY ITEMS AND OTHER BUSINESS
DRAFT COPY MINUTES Lancaster County Board of Commissioners County-City Building Meeting Room #113 Thursday, February 19, 1998 8:00 a.m. Commissioners Present: Linda Steinman, Chair Kathy Campbell Darlene Tussing Steve Svoboda 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 MEETINGS OF FEBRUARY 5 AND 10 (AM SESSION), 1998 MOTION: Tussing moved and Campbell seconded approval of the minutes. On call Tussing, Campbell and Steinman voted aye. Hudkins and Svoboda were absent from voting Motion carried. 2 ADDITIONS TO THE AGENDA a. Cancellation of a Heating/Air Conditioning Unit for Trabert Hall Hudkins and Svoboda arrived. MOTION: Tussing moved and Hudkins seconded approval of the addition to the agenda. On call Tussing, Hudkins, Campbell, Steinman and Svoboda voted aye. Motion carried. 3 BELTWAY UPDATE - Jim Linderholm, HWS Consulting Group, Inc.; Roger Figard, City Engineer; Bruce Lind, Federal Highway Administration; Art Younkey, Nebraska Department of Roads; Don Thomas, County Engineer; Lori McClurg, Administrative Assistant to Mayor Johanns Roger Figard, City Engineer, gave a brief update on the progress of the beltway studies, referring to a map of Candidate Alignment Options/ Lincoln South and East Beltway Study. Jim Linderholm, HWS Consulting Group, Inc., reviewed Schedule Option 1 for the South and East Beltway Studies (Exhibit A), noting that a historical study of the entire project area and an archeological study of the south corridor have been completed and are currently under staff review. Schedule Option 2 was offered as an alternative should the Board prefer to delay proceeding with work in the South Corridor until data reports were received. Linderholm requested authorization from the County Board, in conjunction with the City Council and State Department of Roads, to begin Task 4, proceeding with engineering alignment work in the South Corridor (Item A) and an archeological study in the East Corridor (Item B). Figard reviewed additional budget items (Exhibit B), noting that the projected budget impact to the County would be $49,167 for Fiscal Year 1998-99. Figard noted that although recommendation of one beltway route is scheduled for December, 1998, a formal decision on the transportation planning process will not take place for two years. In response to a question from Steinman, Figard stated that splitting the beltway is not recommended, as the study process would need to start over. MOTION: Campbell moved and Tussing seconded to authorize Schedule Option 1, and to budget an additional $49,167 in Fiscal Year 1998-99. On call Campbell, Tusssing, Hudkins, Svoboda and Steinman voted aye. Motion carried. 4 LEGISLATIVE UPDATE - Gordon Kissel, Legislative Consultant Gordon Kissel, Legislative Consultant, briefly reviewed his legislative update and a list of Senators' Priority Bills (Exhibit C). Kissel reported that debate continues on LB 404, which changes the number of County Court and District Court Judges. He noted that Lancaster County would receive one additional Juvenile Court Judge if the bill is passed. In response to a question from Campbell, Kissel stated that the issue of a uniform District/County Court has not been raised in the debate. Kissel also reported the following: › LB 695, which changes provisions for custody and maintenance of prisoners by counties, was bracketed until February 25th to await completion of a report on aid to counties › LB 1041, which changes children-related provisions to conform State law to the federal Adoption and Safe Families Act of 1997, was delayed to allow further discussion of the costs of implementation to counties Eagan distributed a draft of a letter of testimony from the County Board with regards to LB 1291, which changes provisions relating to inheritance tax (Exhibit D). Following a brief discussion, the following revisions to the draft were made: › Insert the word "inheritance" before the word "taxation" in the first sentence of the letter › Insert the phrase "in the first tier" behind the phrase "each person" in the first sentence of the letter › Include a disclaimer noting that the figures stated in the letter represent a small sample of inheritance tax collections, and in fact may be significantly higher MOTION: Campbell moved and Tussing seconded to authorize the Chair to sign the letter of testimony on behalf of the Board, with the noted revisions. On call Campbell, Tussing, Hudkins, Svoboda and Steinman voted aye. Motion carried. 5 RURAL ROAD IMPROVEMENTS - Don Thomas, County Engineer; Larry Worrell, County Surveyor; Doug Cyr, Deputy County Attorney; Diane Staab, Deputy County Attorney; Mike DeKalb, Planning; Bill Giovanni, Hidden Valley Acres; Tom Martin, Yankee Ridge Neighborhood Association; Nancy Alley, Nealrene Acres Campbell noted that the Board and County Engineer had been contacted by representatives of Hidden Valley Acres, Yankee Ridge Neighborhood Association and Nealrene Acres regarding possible establishment of Rural Road Improvement Districts (R.I.D.) in Lancaster County. Don Thomas, County Engineer, and Diane Staab, Deputy County Attorney, reported that methods of financing rural road improvements include: › Developer cost, part of the subdivision development and included in the lot cost › 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 › Neighborhood Association Assessment, Neighborhood Association reaches an agreement with the County and County pays a portion of road improvement costs › "Pass the Hat", money is collected upfront from the individual land- owners to pay the contractor upon completion of road improvements Thomas noted that the County has participated in two Neighborhood Association Assessments and only one Special Improvement District to date. In response to a question from Campbell, Doug Cyr, Deputy County Attorney, stated that the County could risk liability if the Rural Road Improvement District was declared invalid, making assessment unenforceable, or if the method of assessment was declared inequitable. He also cautioned that the Board needs to work within statutory framework in developing a R.I.D. policy. Staab reported that she contacted the Sarpy County Attorney to inquire about Sarpy County's experience with Rural Road Improvement Districts. Sarpy County which has participated in two R.I.D.'s, both of which were large housing developments, requires that an agreement on landowner participation be reached prior to the County's participation in the project. She also noted that Sarpy County funds a non-repayable portion of the costs, if the County determines that the road improvement is needed. Bill Giovanni, Hidden Valley Acres, noted that the County could foreclose on property if a landowner failed to pay a R.I.D. assessment. He also suggested that the Board consider the development stage of the subdivision when determining participation. Additional concerns noted in discussion were: › Cost of paving and maintenance › Application of Agricultural Residential (AGR) Zoning › Paving and density standards inside and outside the "Three Mile Limit" Mike DeKalb, Planning, suggested that the County develop a tightly constricted policy for Rural Road Improvement Districts, detailing the circumstances under which the County would consider participation. MOTION: Campbell moved and Hudkins seconded to form a committee, whose membership will be determined later, to look at subdivision requests for paving. On call Campbell, Hudkins, Svoboda, Tussing and Steinman voted aye. Motion carried. Tom Martin, Yankee Ridge Neighborhood Association, reported that his neighborhood association is prepared to petition for a Special Improvement District. He noted that the district would not include all additions within the neighborhood association. Cyr stated that they could proceed with their petition, but noted that the Board has statutory authority to change boundaries from those proposed in the petition. 6 DIRECTOR EVALUATION - Dennis Banks, Attention Center Director Dennis Banks, Attention Center Director, requested that his evaluation take place in Executive Session. MOTION: Tussing moved and Hudkins seconded to enter Executive Session for the purpose of a personnel evaluation at 9:50 a.m. On call Hudkins, Tussing, Campbell, Svoboda and Steinman voted aye. Motion carried. MOTION: Tussing moved and Hudkins seconded to exit Executive Session at 10:22 a.m. On call Tussing, Hudkins, Svoboda, Campbell and Steinman voted aye. Motion carried. 7 COMPREHENSIVE PLAN AMENDMENTS 20a & 20b, FROM LOW DENSITY RESIDENTIAL TO COMMERCIAL, REQUESTED BY LINCOLN BENEFIT LIFE & FIRETHORN INVESTMENT COMPANY, SE OF 84TH & VAN DORN STREET Tim Stewart, Planning Director; Mike DeKalb, Planning Department Tim Stewart, Planning Director, reported that Lincoln Benefit Life has requested that Comprehensive Plan Amendments 20a and 20b, be advanced prior to the Comprehensive Plan Annual Review to allow them to meet contractual agreements. Referring to a map of Lincoln's Land Use Plan and a diagram of the proposed Lincoln Benefit Life/Firethorn development area (Exhibit E), Stewart stated that the amendments would revise the Lincoln Land Use Plan to change approximately 24 acres at 84th and Van Dorn Street from Low Density Residential to Commercial designation. Stewart reported that annexation of Van Dorn Street east of 84th is not proposed and will remain a County road maintenance responsibility. One reason not to extend the annexation is that the area is not serviceable by the City sewer system and the proposed sewage pumping station and holding tank is sized only to accommodate the office campus. Stewart noted, however, that the developer will be required to reach an agreement for off- site road improvements, including curb cuts, circulation patterns and directional traffic lights, before the City Council takes final action. Stewart also noted that a four lane construction project for 84th Street is included in the City's Capital Improvement Program for the years 2000-01. It is recommended that that project be advanced so that construction will be completed prior to the Lincoln Benefit Life opening. 8 REQUEST FOR THREE (3) IMAGING WORK STATIONS FOR THE REGISTER OF DEEDS, C#98041 FOR $13,052.41 - Dan Nolte, Register of Deeds Dan Nolte, Register of Deeds, stated that he had requested three additional imaging work stations for the Register of Deeds Office to improve staff efficiency in his office. In response to a question from Steinman, Nolte estimated that six members of his staff have need of imaging work stations at their desks. Tussing suggested that the Register of Deeds' Office establish time limits for public usage of existing work stations. Steinman inquired whether making information available on the Internet would decrease the number of information searches in the office. Nolte responded that he did not believe it would, as staff intervention is frequently requested to interpret data. MOTION: Campbell moved and Tussing seconded to authorize the purchase of three imaging work stations for the Register of Deeds' Office, with the understanding that the Register of Deeds will not include a request for additional work stations in the Fiscal Year 1998- 1999 Budget, and that usage will be evaluated. On call Campbell, Tussing, Hudkins, Svoboda and Steinman voted aye. Motion carried. 9 UPDATE OF STAFF-SECURE FACILITY - Kit Boesch, Human Services Administrator; Jim Blue, Cedars Youth Services Director; Cindy Ryman Yost, Cedars Youth Services; Dennis Banks, Attention Center Director; Dave Kroeker, Budget & Fiscal Officer Kit Boesch, Human Services Administrator, reviewed the recommendations of Karen Chinn, Chinn Planning, Inc., noted in her Lancaster County Comprehen- sive Juvenile Justice System Study and recommendations from the Justice Council (Exhibit F). Boesch suggested that if the Board builds a joint juvenile secure/staff- secure facility, a grant for start-up funding in the amount of $100,000 from the Crime Commission should be accessible. Cindy Ryman Yost, Cedars Youth Services, noted that there is also on-going funding available from the Crime Commission for costs related to the first 24 hours of placement of juveniles in a staff-secure facility. Steinman reported that Juvenile Court Judges have not made a decision regarding participation in an Assessment Center. She noted that Judge Dawson has indicated that his interpretation of the law is that the judge is required to make the decision to place a juvenile in detention. Eagan noted that there were a number of legal issues that needed to be identified and suggested that a County Attorney's opinion is needed on who is able to determine placement of a juvenile once they are placed within the system. The Board concurred with Eagan's suggestion. Jim Blue, Cedars Youth Services Director, distributed a proposal for Cedars Youth Services to develop a Comprehensive Juvenile Assessment Center, over a 12 month period, for Lancaster County (Exhibit G). He suggested that funding be as follows: › $41,500 from Lancaster County, already allocated for a juvenile staff-secure facility › $65,000 in one time funding from the State of Nebraska › $13,845 from Cedars Youth Services Tussing noted concern that other entities were being excluded from the Assessment Center development process. Boesch noted that Cedars Youth Services has extensive expertise in this area and has invested a significant amount of staff time and foundation money in the development process. Campbell stated that the Board has established a link with Cedars Youth Services on this project, but suggested that other optional programs may need to be bid out. The Board requested Eagan to notify Karen Chinn, Chinn Planning Inc., that the Board intends to proceed with Phase II of the Lancaster County Comprehensive Juvenile Justice System Study, but that there is not a consensus on her recommendations. The Board also requested that Karen Chinn and Earl Dunlap, Chinn Planning, Inc., meet with the Juvenile Court Judges to address their concerns and help identify which recommendations will be accepted. MOTION: Hudkins moved and Campbell seconded to authorize Kerry Eagan, Chief Administrative Officer, on behalf of the Board, to seek an opinion from the County Attorney's Office with regards to juvenile placements and detention, and directed that the recommendations from the Justice Council, as presented by Kit Boesch, Human Services Administrator, be sent to the Juvenile Judges for review. On call Hudkins, Campbell, Tussing, Svoboda and Steinman voted aye. Motion carried. 10 POTENTIAL LITIGATION MOTION: Tussing moved and Hudkins seconded to enter Executive Session for the purpose of potential litigation at 11:57 a.m. On call Tussing, Hudkins, Campbell, Svoboda and Steinman voted aye. Motion carried. MOTION: Tussing moved and Campbell seconded to exit Executive Session at 12:03 p.m. On call Tussing, Campbell, Hudkins, Svoboda and Steinman voted aye. Motion carried. 11 ACTION ITEMS b. Purchase of Two (2) Electronic Monitoring Units for the Juvenile Pre-Adjudication Supervision Program MOTION: Campbell moved and Tussing seconded to authorize the purchase of two electronic monitoring units, based on the recommendation of Kit Boesch, Human Services Administrator. On call Campbell, Tussing, Svoboda, Hudkins and Steinman voted aye. Motion carried. 12 CONSENT ITEMS a. Microcomputer Requests: 1. Weed Control, C#98009, for 873.79 from the County Weed Budget for Four (4) 8M Memory Modules, 16meg Kit for Deskpro, Print Server and Memory Upgrade 2. Lancaster Manor, C#98036, for $403.94 from the Lancaster Manor Budget for Printer 3. Lancaster Manor, C#98037, for $1,950.24 from the Lancaster Manor Budget for Pentium and Color Monitor 4. Lancaster Manor, C#98038, for $1,217.92 from the Lancaster Manor Budget for Laser Printer 5. Lancaster Manor, C#98039, for $3,345.94 from the Lancaster Manor Budget for Pentium, CD-ROM, EIDE Tape Drive, Software and Monitor b. Vacation Request from Kerry Eagan, Chief Administrative Officer, for Friday, February 27, 1998 and Friday, March 13 - Monday, March 16, 1998 Eagan noted that request should reflect that he will also be absent Friday, February 27 - Monday, March 2, 1998. MOTION: Campbell moved and Tussing seconded approval of the Consent Items, with the amendment to the leave request for Kerry Eagan, Chief Administrative Officer. On call Campbell, Tussing, Hudkins, Svoboda and Steinman voted aye. Motion carried. ADDITIONS TO THE AGENDA a. Cancellation of a Heating/Air Conditioning Unit for Trabert Hall Eagan reported that since the County no longer plans to locate a juvenile staff-secure facility in Trabert Hall, a separate heating/air conditioning unit is not needed. The County will be assessed a penalty of $386 for cancellation of the purchase. MOTION: Hudkins moved and Tussing seconded to authorize cancellation of the heating/air conditioning unit. On call Hudkins, Tussing, Campbell, Svoboda and Steinman voted aye. Motion carried. 13 ADMINISTRATIVE OFFICER REPORT a. Nebraska Association of County Officials (NACO) Southeast Spring Meeting - Thursday, March 12, 1998 All five Commissioners indicated that they planned to attend the Nebraska Association of County Officials (NACO) Southeast Spring Meeting. The County Board of Commissioners meeting scheduled for Thursday, March 12th will be held instead on Tuesday, March 10th at 11:30 a.m. b. Keno Public Hearing Date The Board set a public hearing date of March 10, 1998. c. Geographic Information System (GIS) Symposium (May 4-7, 1998) MOTION: Campbell moved and Hudkins seconded to authorize Kerry Eagan, Chief Administrative Officer, to attend the Geographic Information System (GIS) Symposium. On call Campbell, Hudkins, Tussing, Svoboda and Steinman voted aye. Motion carried. d. Draft of Ponca Tribe of Nebraska Economic Development Plan The Board requested Eagan to notify the Ponca Tribe that the Board has concerns regarding any future gambling within the County and request clarification of their intent with regards to the "entertainment" clause listed under Commercial Retail Use in the plan. e. Lettering for Commissioners' Offices Eagan reported that the lettering would include Commissioners' names and districts on their interior office windows. 14 DISCUSSION OF BOARD MEMBER MEETINGS a. Public Building Commission - Campbell, Hudkins No report was given. b. District Energy Corporation - Hudkins, Svoboda Hudkins stated that a report was received on the State Office Building District Energy Corporation project. Hudkins also reported that authorization was given to enter negotiations with the Hammond Group on a proposal for District Energy for the Lincoln Journal-Star and Embassy Suites buildings. He noted that there is a possibility of other buildings participating in the project. c. Government Access & Information Committee (GAIC) - Steinman Steinman reported that, after receiving a County Attorney Opinion on whether deletion of names from County Assessor's property tax information on the Internet is permissible, the Government Access & Information Committee (GAIC) extended the current policy for six months, at the end of which further review will take place. In response to a question from Campbell, Steinman stated that the GAIC has recommended that Friendship Home change their corporate name to avoid address identification. Campbell and Eagan agreed to draft a letter of response to the Friendship Home Board of Directors. 15 SCHEDULE OF BOARD MEMBER MEETINGS a. Chamber Agriculture Committee - Thursday, February 19, 1998, at 12 p.m., at the Chamber of Commerce Board Room - Hudkins b. City-County Common - Friday, February 20, 1998, at 8 a.m., in the County-City Building, Room #113 - All Commissioners c. Management Team - Thursday, February 26, 1998, at 7:30 a.m., in the County-City Building, Room #113 - All Commissioners 16 INVITATIONS TO BOARD MEMBERS a. Chamber of Commerce Grand Opening of New Offices and Business After Hours Social - Thursday, February 26, 1998, from 4:30- 6:30 p.m., at 1135 "M" Street, Suite 200 b. Preservation Association Annual Meeting - Wednesday, March 4, 1998, at 7:30 p.m., at the Joyo Theater, 6102 Havelock Avenue c. City County Employees Credit Union Annual Meeting - Saturday, March 21, 1998, at 5:30 p.m., at Pershing Auditorium 17 CORRESPONDENCE TO THE COUNTY BOARD 18 CORRESPONDENCE FROM THE COUNTY BOARD 19 AGENDA ITEMS FOR COUNTY BOARD MEETING OF FEBRUARY 24, 1998 a. Appointments to the Lancaster County Extension Board: Karen (Kit) Dimon, Alice L. Doane and Jessie Snover 20 EMERGENCY ITEMS AND OTHER BUSINESS 21 ADJOURNMENT By direction of the Chair, the meeting was adjourned. ______________________ Kandra Hahn Lancaster County Clerk