Lancaster County
Board of Commissioners
Board of Commissioners
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