Lancaster County
Board of Commissioners
Board of Commissioners
lancaster.ne.gov
STAFF MEETING AGENDA
Lancaster County Board Of Commissioners
Tuesday, November 24, 1998
Immediately Following 1:30 P.m. County Board Meeting
County-city Building - Room 113
AGENDA ITEM
1 APPROVAL OF STAFF MEETING MINUTES OF NOVEMBER 17, 1998
2 ADDITIONS TO AGENDA
3 PENDING LITIGATION -
Mike Thew, Chief Deputy County Attorney
4 WILDERNESS PARK CONTRACT -
Mike DeKalb, Planning Department;
Diane Staab, Deputy County Attorney
5 AUTOMOBILE INSURANCE - Mike Herring, UNICO and
Sue Eckley, Worker's Compensation and Risk Management
6 HEALTH AND SAFETY FAIR -
Sue Eckley, Worker's Compensation and Risk Management
7 LB 986 (ISOLATED LANDS) ; ROAD VACATION (W. MARTEL
ROAD BETWEEN SW 72ND AND SW 86TH)
Larry Worrell, County Supervisor
8 BENEFITS FOR UNCLASSIFIED, UNREPRESENTED EMPLOYEES -
John Cripe, Classification & Pay Manager
9 TEMPORARY JUVENILE DETENTION OPTIONS -
Dennis Banks, Attention Center Director
10 CONSENT ITEMS
a. Microcomputer Request C#98316, $906.90 from the
Treasurer's budget for two (2) Ink Jet printers, etc.
b. Microcomputer Request C#98319, $3,603.55 from Sheriff's
budget for a Gateway Pentium, 17" monitor, etc.
c. Purchase of Fifty (50) Novell Licenses, $2,890.00 from
the Microcomputer /Technology Fund
11 ADMINISTRATIVE OFFICER REPORT
a. County Position Regarding Outcome of Wilderness Park
Mediation
b. Beltway Meeting on December 15, 1998
12 PENDING
13 DISCUSSION OF BOARD MEMBER MEETINGS
a. District Energy Corporation - Hudkins, Svoboda
b. GAIC Meeting - Steinman
c. CMHC Advisory Committee - Svoboda
d. Fringe Growth Task Force - Campbell
e. Lancaster Manor Advisory Committee - Campbell
f. Mater Plan Steering Committee - Hudkins
g. ISPC Meeting - Steinman
14 SCHEDULE OF BOARD MEMBER MEETINGS
a. ECOLOGICAL ADVISORY COMMITTEE, Tuesday, December 1,
1998, at the County-City Building, Room 106 - Heier
15 INVITATIONS TO BOARD MEMBERS
16 CORRESPONDENCE TO THE COUNTY BOARD
17 CORRESPONDENCE FROM THE COUNTY BOARD
18 AGENDA ITEMS FOR COUNTY BOARD MEETING OF
19 EMERGENCY ITEMS AND OTHER BUSINESS
MINUTES
Lancaster County Board Of Commissioners
County-City Building
Meeting Room #113
Tuesday, November 24, 1998
2:15 p.m.
Commissioners Present: Linda Steinman, Chair
Kathy Campbell
Larry Hudkins
Bernie Heier
Commissioners Absent: Steve Svoboda
Others Present: Kerry Eagan, Chief Administrative Officer
Diane Staab, Deputy County Attorney
Melissa Koci, County Clerk's Office
AGENDA ITEM
1 APPROVAL OF MINUTES OF COUNTY BOARD OF COMMISSIONERS MEETING
OF NOVEMBER 17, 1998
MOTION: Campbell moved and Heier seconded approval of the minutes.
On call Campbell, Heier and Steinman voted aye. Hudkins was
absent. Motion carried.
2 ADDITIONS TO THE AGENDA
a. Request from the County Sheriff to Hire a Temporary
Records System Specialist
b. Leave Request from Michael Thurber
c. Jury Duty Leave for Kathy Campbell
MOTION: Campbell moved and Heier seconded approval of the additions
to the agenda. On call Campbell, Heier and Steinman voted
aye. Hudkins was absent. Motion carried.
3 PENDING LITIGATION - Mike Thew, Deputy County Attorney
MOTION: Campbell moved and Heier seconded to enter into Executive
Session for the purpose of Pending Litigation at 2:24 p.m.
On call Campbell, Heier and Steinman voted aye. Motion carried.
Hudkins entered.
MOTION: Campbell moved and Heier seconded to exit Executive Session
at 2:50 p.m. On call Campbell, Hudkins, Heier and Steinman
voted aye. Motion carried.
4 WILDERNESS PARK CONTRACT - Mike DeKalb, Planning Department;
Diane Staab, Deputy County Attorney
Mike DeKalb, Planning Department, appeared and distributed
documentation regarding the Wilderness Park contract (Exhibit A).
DeKalb indicated the Planning Department has been looking for outside
assistance to help with getting the final project together. DeKalb
asked for approval from the Board for an agreement between Kip
Hulvershorn, who is a professor at the University of Nebraska involved
in mediation centers and Lincoln Parks, and he will be assisting the
staff in producing a final product. The amount of the agreement is
not to exceed $16,250 and he will be with the County for more than a
year. DeKalb indicated the monies have already been appropriated.
Heier asked if the contract is related to the mediation process where
the University charges minimal amounts.
DeKalb indicated the agreement is not with the University, it is
strictly with Kip Hulvershorn who will provide the County with his
services. DeKalb stated the Planning Department has a community
participation project with the Mediation Center which has an
additional element called Element Integration. Mr. Hulvershorn will
take the prior four pieces: Citizen's Participation, Transportation
Study, Hydrology Study and the Ecological Study along with the
Comprehensive Plan and Subarea plans and pull them all together, see
how they relate and how they influence each other. DeKalb stated that
is the reason why they want to hire Kip Hulvershorn.
Campbell indicated she attended the Ecological Committee meeting and
there was discussion regarding a survey that the Ecological Committee
was going to do and she asked DeKalb if Mr. Hulvershorn was going to
oversee the survey.
DeKalb reported Mr. Hulvershorn will not be involved in the survey.
2 ADDITIONS TO THE AGENDA
a. Request from the County Sheriff to Hire a Temporary
Records System Specialist
Terry Wagner, County Sheriff, appeared and distributed a letter
regarding hiring a temporary Records System Specialist (Exhibit B).
Wagner indicated one of his employees is suffering from a debilitating
illness has applied for Long Term Disability and he needs to fill the
3rd shift temporary position.
Wagner also stated several years ago one of his deputies, through
training and computerization, has been doing the in-house programming
for the Sheriff's reports and the job has evolved over primary duties
which were civil process and executions, and now the employee has very
little time for the process job that they were doing. Wagner asked
for approval of an additional deputy.
The Board agreed to look at the request for a new deputy at the Mid-Year
Budget Review.
MOTION: Campbell moved and Hudkins seconded to grant the request
from the County Sheriff to hire a full-time temporary
position to replace Ms. Patricia Giles. On call Campbell,
Hudkins, Heier and Steinman voted aye. Motion carried.
5 AUTOMOBILE INSURANCE - Mike Herring, UNICO and Sue Eckley,
Worker's Compensation and Risk Management
Sue Eckley, Worker's Compensation and Risk Manager, appeared and
indicated it is time to renew the automobile fleet insurance for
Lancaster County. Eckley indicated that with Lancaster County's
liability coverage there is a $1,000,000 combined single limit, which
means if there is an accident that involves multiple injuries,
$1,000,000 is where Lancaster County will cap out at.
Mike Herring, UNICO, appeared and indicated his concern is under the
Claims Tort Act where there is protection of an individual of
$1,000,000 but if there are multiple people involved in the same
accident the Claims Tort Act has a cap of $5,000,000. With
Continental Western, the difference between a $1,000,000 and
$2,000,000 limit is $5,050. He stated the first $1,000,000 costs
$38,565 and recommended that the Board consider the $2,000,000 at a
minimum. Herring also provided the options of going up in million
dollar increments. The third million would cost $4,688, the four
million limits would be an additional $2,188 and the fifth million
would be $1,250.
Kerry Eagan, Chief Administrative Officer, appeared and questioned the
policy and it covering employees who take vehicles home with them.
Herring reported the use of an automobile becomes more of an
underwriting issue from a policy term standpoint. He stated anyone,
even a non-employee, that has permission to use the vehicle within the
scope of whatever the permission is, there is coverage for the
vehicle.
Heier questioned the insurance policy and it covering family members
if they are in an automobile accident.
Herring indicated under the automobile policy, the employee would be
insured if they were using it under the scope of what they were given
permission to do. If the employee goes outside of the scope then that
employee has violated part of the terms of the policy, Lancaster
County would still be covered, but the employee would be left on his
own.
Eckley noted the annual premium renewal rate is $59,829 for the
$1,000,000 policy.
Herring indicated Lancaster County's policy consists of the liability
and medical payment's coverage on 29 units and then comprehensive and
collision on more than $3,000,000 of vehicles for a total auto premium
of $59,829 at $1,000,000. All coverages for the $2,000,000 policy
would be $64,859.
Herring also reported there would no longer be an annual actuarial
report, which is being done now by an outside firm at a cost of
$10,000 annually. He indicated an arrangement can be made with a
different firm at a rate of $7,500 every other year.
MOTION: Campbell moved Hudkins seconded to authorize the Risk
Manager to proceed to the $2,000,000 level of the liability.
On call Campbell, Hudkins, Heier and Steinman voted aye.
Motion carried.
6 HEALTH AND SAFETY FAIR - Sue Eckley, Worker's Compensation
and Risk Management
Sue Eckley, Worker's Compensation and Risk Manager, appeared and
indicated that the 1999 Health and Safety Fair is going to be on March
14, 1999 from 12:00 p.m. until 5:00 p.m. at Pershing Auditorium.
Eckley stated last year there were 167 vendors who were showing
services within the County and this year Michael Thurber will be at
the Fair fingerprinting children and the Sheriff's Department will be
bringing the D.A.R.E. van. Eckley indicated the cost last year was
$680, but the cost will be extremely less this year because they
picked up three additional sponsors.
7 LB986 (ISOLATED LANDS); ROAD VACATION (W MARTELL ROAD
BETWEEN SW 72ND AND SW 86TH) - Larry Worrell, County Surveyor
Larry Worrell, County Surveyor, appeared and submitted documentation
regarding LB986 (Exhibit C).
Worrell indicated last year LB986 was introduced to provide relief to
the Board of Educational Lands and Funds and all other state agencies,
boards, departments and commissions. He said the reason the LB has
come up again is because the Board of Education representative is
requesting that the LB be brought back up and reintroduced.
Steinman reported that at a LIBA meeting with a representative from
the School Board, concerns were expressed about getting information
out to the public too soon on land that they are thinking about
buying. She said the reason they don't want to publicize it is
because when the public finds out that the School Board is interested
in buying property, the price of the property will go up because
people are bidding for surrounding property or that particular
property.
Worrell distributed an aerial photo of land located around
56th Street south of Alvo Road (Exhibit D) and indicated the
Board of Educational Lands and Funds notified him that they were going
to build a road to provide access to 56th Street. Worrell
noted to the Board that they do not have any authority to build a road
because the County Board does not have any authority there. He also
indicated the 1957 County Highway Act stipulates where and how roads
are built. The Board of Public Roads Classifications and Standards is
another factor involved in providing public access to public roads and
they are simply stating to the Legislature that the County does not
have any expense. Worrell indicated his interpretation exempts all
land sold by the State of Nebraska and his concern would be that there
is a tremendous amount of land owned by the State of Nebraska in
various locations that could be sold that is isolated other than
access through their own property. Worrell indicated he is requesting
assistance in providing any Legislative lobbying that can be necessary
to try to convince the Legislature that it could be detriment.
MOTION: Hudkins moved and Campbell seconded to authorize Larry
Worrell to attend the meeting and also to provide testimony
at the NACO Legislative meeting. On call Hudkins, Campbell,
Heier and Steinman voted aye. Motion carried.
Worrell distributed documentation regarding a request from a property
owner for vacation of a road (Exhibit E).
Worrell indicated the request is from a property owner to vacate the
mile between SW 72nd and SW 86th Street. He stated
the mile has been closed since 1992 because of a deficient bridge and
the County Engineer prefers that the entire mile be close, but one
property owner objects to the closing of the East ½ mile of the segment.
Hudkins asked what was being maintained right now.
Worrell suggested closing the road at the « mile line because the farmer
no longer farms the land and they want to put it back to native land.
Hudkins indicated he would like to drive by the property before any
type of action is taken.
8 BENEFITS FOR UNCLASSIFIED, UNREPRESENTED EMPLOYEES -
John Cripe, Classification & Pay Manager
John Cripe, Classification & Pay Manager, appeared and distributed
documentation regarding Unclassified Employee Benefits (Exhibit F).
Cripe indicated at the last Board meeting they discussed having three
different categories of benefits for three different groups which
consist of Department Heads and Chief Deputies, All Other Appointed
Officials and Bailiffs.
Cripe also noted that the Long Term Disability should apply to all
three categories and with Health, Dental, Life Insurance and
Retirement it should include Groups I and II, with Group I on a
probationary period. Cripe indicated he would check to see if the
Retirement system allows the County to start it from the first day or
if it is only Department Heads and Other Appointed Officials. Cripe
also said there was some discussion was whether the Bailiff should
follow the 6-month probationary schedule.
Campbell asked if longevity pay applied to employees in the County
Attorney's Office.
Lacey said no.
Cripe indicated there is nothing on record that tells what benefits a
Captain would get if they were to retire.
Steinman asked Cripe if the Board had to do something to distinguish
one group from the other.
Cripe indicated that the Board discussed the Pension Plan and issues
regarding highly compensated individuals and what they could or could
not do. He stated most of the benefits would not matter if an
employee were classified or unclassified, but it does matter when they
get to the Post Employment Health Plan because it has to be documented
when a contribution is made for them. Cripe indicated the vendor has
asked for a determination letter from the IRS that will allow the
Board to do it.
Campbell stated the only exclusion would be on longevity pay.
2 ADDITIONS TO THE AGENDA
b. Leave Request from Michael Thurber (Exhibit G)
MOTION: Campbell moved and Hudkins seconded approval of the leave
request for Michael Thurber. On call Heier, Campbell,
Hudkins and Steinman voted aye. Motion carried.
c. Jury Duty Leave for Kathy Campbell
Campbell indicated that she will be gone December 1, 8 and 10 and the
Board needs to make sure that they have a quorum on all three days.
9 TEMPORARY JUVENILE DETENTION OPTIONS - Dennis Banks,
Attention Center Director
Dennis Banks, Attention Center Director, appeared and indicated that
the Board asked him to make a recommendation in terms of an
alternative to detention programs to utilize rather than building two
additional single cells at the Attention Center. Banks indicated he
spoke with Dennis Keefe, Public Defender; Bill Janike, Juvenile
Probation; Tom Dawson, Juvenile Court Judge and Gary Lacey, County
Attorney.
Banks reported the first recommendation would be to expand the
electric monitoring program by hiring another probation officer that
would oversee some additional monitors. If 9 to 10 more monitors were
available, he believed the Attention Centers population would be
reduced. Banks second recommendation would be to hire an expediter
that would help get kids out of the Attention Center and who would
visit with the families, make telephone calls and work very close with
the Public Defender.
Shelly Schindler, Attention Center, indicated there are two types of
kids that come to the Attention Center off the street. She reported
the first type is a kid on the street that commits a law violation and
they are over 16 or they commit a felony, probation is bypassed and
the law enforcement officer on the street will make the decision,
which are about 50% of the juveniles that are detained. Another 30%
of the juveniles are in violation of a court order, for example,
violation of home detention, pre adjudicated or just in violation of
probation and the last 20% are new law violators that go through risk
assessment through probation.
Janike said there has been some discussion about the possibility of
the County Attorney and City Attorney allowing some assessment to be
used for juveniles and adults, but Lancaster County runs things
differently.
Steinman indicated there are a lot of kids who are on home detention
and if another probation officer with a smaller case load is added,
there may be a lesser chance of kids violating the court orders.
Janike indicated that Kerry Dean, Predisposition Electronic Monitoring
Officer, has supervised 110 youth so far this year and 20% of the
youth have returned to the Attention Center for violations of home
detention. Janike also reported that he is drafting a letter to the
Board regarding a possible second electronic monitoring officer to
relieve current probation officers who do home supervision.
Judge Dawson, Juvenile Court Judge, said that everyone is working to
keep kids out of the Attention Center, but it doesn't relieve the fact
that Lancaster County has as many new filings as Douglas County had
last year. Dawson indicated under the new law LB1073, a judge does
not commit a youth to Geneva for an evaluation anymore, they commit a
youth for a residential evaluation and now there are many kids that
are at the Attention Center just waiting for evaluations. Dawson
indicated no matter how hard the Public Defender, Attention Center,
County Attorney and the Court judges work, it is very hard to keep the
numbers down.
Dawson also followed up on a comment made earlier by Janike with
regards to the additional monitoring officer. Dawson indicated the
extra monitoring officer will do two things. It will open up more
slots and it will relieve the ongoing probation officers from doing
home detention work which they are doing only because the Courts have
asked them to.
Campbell questioned a part of Karen Chinn's report regarding the
people that stay at the Attention Center for one day.
Banks indicated it is about 30%.
Campbell asked if the second monitoring officer would help the youth
that stay there one day.
Judge Dawson indicated an Assessment Center would help the one-day
youth and it will divert them from even going into the Center.
Dennis Keefe, Public Defender, reported the Juvenile Division in his
office has requested a social worker, someone to go to the Attention
Center and work one on one with the kids and get them into an
alternative program.
Gary Lacey, County Attorney, appeared and indicated that youngsters
who get in difficulty with the law have to realize from the outset
that there is a consequence for their actions. Lacey also stated that
he would be willing to expand the number of people that they make
eligible for the pre-trial diversion program to alleviate some of the
problems that are being encountered in Juvenile Court if he can be
assured that the people that are allowed to go on diversion will be
monitored properly so they get something out of it. Lacey stated that
he will be bringing a proposal to the Board for use of some of the
money to expand and improve the Juvenile Diversion Program by working
in closer combination with the Lincoln Lancaster County Mediation
Center.
Judge Dawson indicated there are visiting judges that come to
Lancaster County 6 days a month to help with adjudication hearings and
dispositions. Dawson stated that some of the judges indicated they
would be willing to come in and do trials, which would take away some
of the congestion, but it is hard trying to find time on the calendar.
Campbell asked Judge Dawson where the first $40,000 has been spent and
how does the Attention Center address it.
Dawson reported that another Electronic Monitoring Officer would help
all the way around. Dawson indicated he is not familiar with an
expediter to make a comment on.
Banks agreed with Campbell that some further assessment and analysis
needs to be done to see how the expediter would work. The reason why
the program works in Omaha, Nebraska is because they have funds
allocated for trackers to be a part of the expediting service, they
have family preservation, they have therapeutic group homes that they
can put kids in to and it is still cost effective to do that verse
having the kid sit in detention at $145 a day.
MOTION: Campbell moved and Hudkins seconded to authorize to expand
the monitoring of hiring a probation officer and request
Dennis Banks to work with Gary Lacey, Judge Dawson, Dennis
Keefe and Bill Janike to get more information on the
expediter. On call Campbell, Heier, Hudkins and Steinman
voted aye. Motion carried.
10 CONSENT ITEMS
a. Microcomputer Request C#98316, $906.90 from the
Treasurer's budget for two (2) Ink Jet printers, etc.
b. Microcomputer Request C#98319, $3,603.55 from the
Sheriff's budget for a Gateway Pentium, 17" monitor, etc.
c. Purchase of Fifty (50) Novell Licenses, $2,890 from the
Microcomputer/Technology Fund
MOTION: Campbell moved and Hudkins seconded approval of the Consent
Items. On call Campbell, Heier, Hudkins and Steinman voted
aye. Motion carried.
11 ADMINISTRATIVE OFFICER REPORT
a. County Position Regarding Outcome of Wilderness Park Mediation
Eagan indicated that Heier needed a statement from the Board as to
what they wanted to get out of the Wilderness Park Mediation Study.
Eagan reported that Wilderness Park is in the 3-mile zone and one of
the issues is flood control and land uses that are consistent with
preserving the flood control function as well as other land uses which
are consistent with preserving the park.
Campbell indicated that Wilderness Park will not stay the way it is
because there will be changes that affect it. She also stated the
County is looking at the original purpose of Wilderness Park as flood
control and not as a Wilderness habitat which will protect the birds,
animals, trees or what not, but the County is going to back to its
original land use. The County Board's purpose is the original intent
of the land - leave it as a basin and not encroach upon it any more
than they have to.
Hudkins indicated he is opposed to building in the flood plain if
there are other alternatives.
Campbell noted that the building has to protect the original integrity
of the development.
Eagan stated the Board agreed on wanting flood control, development
near the park consistent with flood control and examine the options of
expanding the park to the south.
b. Beltway Meeting on December 15, 1998
Hudkins indicated that he and Linda Steinman attended the Beltway
Meeting and discussed a number of options regarding an amendment of
the Comprehensive Plan to narrow down a corridor or does the Board ask
HWS to come up with an alignment without amending of the corridor
until they have a preferred group. At the meeting, it was decided to
ask for an alignment before they made a change in the Comprehensive
Plan.
Steinman noted the Beltway Meeting on December 15, 1998 will be a
publicized meeting with the County Board and City Council and a motion
will be made for a particular route to be the preferred route but not
an amendment to the Comprehensive Plan. She indicated they would use
very flexible language to describe this preferred route as being at
least 3/4 of a mile wide so that it will allow for
meandering.
Heier questioned the route being at least 3/4 of a mile wide.
Campbell indicated that on December 15 the County Board will pick a
preferred route to amble or meander. All corridors have to officially
stay open until the Comprehensive Plan is changed.
Hudkins explained that if the County Board directed the Planning
Department to prepare a Comprehensive Plan Amendment then you tell
those people that are outside of the 1/4 mile that they are not
included in the beltway and they rely on that. That person starts
making plans to develop whatever and if you hit something that does
not allow you to put a bridge alignment or you run into a historical
site during excavation and you have to move the route, you are at a
higher risk for potential litigation.
There was a brief discussion regarding the beltway.
12 PENDING
13 DISCUSSION OF BOARD MEMBER MEETINGS
a. District Energy Corporation - Hudkins, Svoboda
b. GAIC Meeting - Steinman
c. CMHC Advisory Committee - Svoboda
d. Fringe Growth Task Force - Campbell
e. Lancaster Manor Advisory Committee - Campbell
f. Master Plan Steering Committee
g. ISPC Meeting - Steinman
There were no board member meetings discussed.
14 SCHEDULE OF BOARD MEMBER MEETINGS
a. Ecological Advisory Committee, Tuesday, December 1,
1998, at the County-City Building, Room 106 - Heier
19 OTHER BUSINESS
John Austin, citizen, appeared and indicated to the Board to place the
new Attention Center on Coddington Avenue five blocks south on West
Burnham.
20 ADJOURNMENT
Kandra Hahn
Lancaster County Clerk