City Briefs: Tourism Audit, purchase of Jefferson School, Police Department shooting range, public participation changes

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[April 28, 2016]  McMurtrey delivers audit to city council - At the Tuesday night committee of the whole meeting of the Lincoln City Council, Logan County Tourism Director Maggie McMurtrey made a short presentation. McMurtrey handed out documents to members of the council. She explained that she was there in response to letters received from the city regarding a request for an independent audit of the Tourism Bureau's books.

McMurtrey said the Bureau had received the city’s request to do an independent audit and rather than return the Bureau’s response by mail; she chose to appear before the council. She said that she had handed out a letter that was the Bureau’s official response to the city’s request.

McMurtrey said this had been discussed by the Tourism Council at the April meeting. The council had authorized her to compose a letter saying that for the time being, the Bureau would deny the request for the audit.

McMurtrey explained the bureau's position saying that she had included with her handouts the completed audit for the fiscal year starting July 1, 2012, and ending June 30, 2013. The auditors, she said are expected to soon turn over the final documents for the fiscal 2013-14 year as well as a half-audit for the period from July 1, 2014, through December 31, 2014. She said those audit documents would be delivered to the city as soon as they are final.

McMurtrey told the council that the bureau wanted the city to hold off on asking for another audit until the current audit work was finished, and the city had an opportunity to review the documents. She said at that time, if the city still wants to do yet another audit of the Tourism books, the bureau would comply.

She did qualify the statement, saying that the Bureau Council would comply, but has agreed that if the city wants the audit, the cost should come out of the city’s general fund account, and not out of the tourism dollars allocated to the Bureau through the Hotel/Motel tax.

McMurtrey said that for the second audit to come out of tourism funding would be a hardship considering that the original audit has already cost twice what was estimated because of the complexity of the work done.

When McMurtrey finished her statement, there were no questions or comments from the city council members.

City discusses purchase of Jefferson School

City Administrator Clay Johnson spoke about the council’s consideration in the purchase of Jefferson School for a new police department. What is needed from the council would be the passage of an ordinance to authorize the purchase. This ordinance would be on the agenda at the May 2nd voting meeting of the Lincoln City Council.

The building and land adjacent to Fifth Street, as well as an additional small parcel on the north side of Sixth Street would be included in the purchase at a cost of $75,000.

FGM Architects has been to the building and said that it was a facility in good condition, had been reasonably well maintained over the years, and would meet the space requirements for a proper police department headquarters for the city.

There would be a need for some modifications and FGM would put together a recommendation for needed upgrades.

Johnson also told the council that City Attorney Blinn Bates was a member of the District 27 School Board. Because of this, Bates had recused himself from the negotiations for the purchase of the property. Attorney Thomas Van Hook had been retained to represent the city and was on hand on Tuesday night if the council had any questions about the agreement.

When the floor was opened for discussion, Todd Mourning said he’d heard comments that needed to be clarified. He asked City Treasurer Chuck Conzo to weigh in. Mourning said that some believe that the City has already paid for the school once through tax dollars earned on property taxes.

Conzo said that there are misconceptions about how the property taxes work, but the fact is District 27 is its own taxing body that has no connection to the city. Property tax dollars paid to the schools are from separate levies that are in no way connected to the city of Lincoln tax earnings.

Tracy Welch said that since the story about the purchase of the school had broken, he had heard questions about the jail portion of the department. He wanted to understand how the jailing system worked and asked that Deputy Chief of Police Matt Vlahovich explain. Vlahovich was in attendance representing Chief Paul Adams.

Vlahovich said that the official jail for local law enforcement was the property and responsibility of the county. Suspects who are officially arrested with the intention to detain until they bail out or appear before a judge would be housed at the Logan County Safety Complex in the Logan County Jail.

Vlahovich said what the new building would have, are holding cells. He explained that by law, a suspect can only be held at the city department for six hours before a decision must be made to jail or release the suspect. He said that would take place at the new department building. He added that while being held, suspects or potential prisoners would be treated the same as if they were in jail, with the provision of food and other acceptable amenities to make their stay comfortable. When the decision is made to arrest and detain the suspect for more than six hours, the person would then be transported to the Logan County Jail.

As the discussion on this topic came to a close, Johnson talked about the money invested in the purchase. He said that currently the city is paying $36,000 per year to the county for its space occupancy at the Logan County Safety Complex. He said taking that into consideration, the cost of the Fifth Street property is equal to approximately two years of rent paid to the county.

Police department asks to create its own shooting range at no cost to the city

On the committee agenda was a request for the police department to create its shooting range.

Vlahovich explained the request. He said a suggestion had come from Walt Landers of the city Street and Alley Department that the police department could create its own shooting range at the Landscape Waste Facility at the south edge of town. Vlahovich said that there was a good space at the facility that would work for the shooting range, and the department would like to follow through with the suggestion.

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He explained that currently the department is utilizing an area owned by a private citizen. He said while this is working out for the department, there are issues to consider, such as liability issues for the landowner and the thought that the police could be denied access to the shooting area if the land changed ownership.

Vlahovich said there is another shooting range nearby that is owned by a Springfield firm called Adamax. He said it is a viable option, but the problem the city often has is the availability of time at the range because it is well utilized by clients of Adamax.

He went on to say, that if the department had its area, it could be used for other training scenarios in addition to being a shooting range. He said that the city would not be out any cost because the department could solicit volunteer workers and hold fundraisers for what was needed at the range.

Mayor Marty Neitzel asked about the days of use for the shooting range as it related to dumping days for the waste facility. Vlahovich said the department would not permit shooting on days that the waste facility is open to the public. Neitzel noted that right now the facility is on extended hours that mean the gates are opened daily for spring cleanup time. She said, then, under those circumstances, the police department would not be out there. Vlahovich said that was correct.

City would amend rules of public participation

The Lincoln city council meets four times per month. At the beginning of each meeting, there is time allotted in the agenda for public participation. There are specific rules about citizens coming before the council during this period. But over the last few months, some aldermen believe that the situation has gotten a little out of hand and that the rules need to be enforced, but also perhaps amended to facilitate better public participation.

Todd Mourning noted last week and again this week that the problem he sees is that those coming before the council are spending a great deal more time than the allowable five minutes per speaker. He noted that in recent meetings, public participation has taken as long as one hour when the rules allow for only a total of 20 minutes for this agenda item.

Under the current rules, a speaker must fill out a form requesting time before the council. The rules say that a speaker should take less than five minutes to deliver his or her comments.

Tuesday evening Johnson asked the council to advise him on what they want to do about the public participation issue. Did they want to change the rules, or do more to enforce existing rules? He said if there were to be changes, it would be an item for the voting agenda. The council could give him direction on how the rules should be amended and then vote on the drafted amendment at the May 2nd meeting.

Rick Hoefle said he could go along with the rule of limiting speaker time, but at the same time, he wondered if offering only five minutes was reasonable. He suggested that rather than five minutes, a speaker should be given up to ten minutes, with a limit of three speakers per evening.

Tracy Welch said he thought that was a reasonable suggestion. He noted that currently the rules are five minutes each and no more than 20 minutes per night, so that would equal four speakers. Reducing it to three and changing the time would add another 10 minutes to the agenda, but he thought that was fair and reasonable.

Hoefle also noted that if a speaker knows he or she is going to require more time, then that should be an instance where the speaker contacts the City Administrator or Mayor and request time on the agenda.

City Treasure Chuck Conzo noted that while there did need to be rules regarding speakers, he would be hesitant to limit the number of speakers allowed in one evening. He suggested that perhaps the city could incorporate a ruling where that the Mayor and council could approve additional speakers under certain circumstances.

He noted that when the city was considering the video gaming ordinance, there were eight people who came to speak on the topic that was to be voted upon the next week. He said, had four or five of those people been denied the right to speak it would not have been fair. It was noted that on that particular occasion, the mayor did allow the eight speakers, but also asked them to limit their time to only three minutes instead of five.

Welch wondered about speakers coming wishing to use a PowerPoint presentation. He said that setting up for such a presentation takes time. He thought that if a PowerPoint was going to be used, the city should receive advance notice. City Attorney Blinn Bates said that under law, the city is not obligated to provide Audio/Visual assistance to a speaker at public participation. He said the city may choose to do so, but in general, a speaker should come prepared with handouts and not expect that the city would permit a PowerPoint.

At the end of the discussion, it appeared that the direction to Johnson was to expand speaker time to 10 minutes, expand total time for public participation to 30 minutes per night, and add a provision that the mayor and council may extend the time limits for specific situations.

There was also a question from Mourning about enforcement of the rules, which is his real issue at the moment. He said that the policy states that the city clerk or council secretary, Susan Gehlbach or Risa Riggs respectively, would monitor the time per speaker. He asked the two how they would do that. Gehlbach said they would figure that out, but assured the alderman that it can be done in the future.

[Nila Smith]

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