Lancaster County
Board of Commissioners
Board of Commissioners
lancaster.ne.gov
MINUTES
LANCASTER COUNTY BOARD OF EQUALIZATION
COMMISSIONERS HEARING ROOM
FIRST FLOOR, COUNTY-CITY BUILDING
TUESDAY, MAY 13, 1997
1:30 P.M.
Commissioners Present: Linda Steinman, Chair
Kathy Campbell
Larry Hudkins
Steve Svoboda
Darlene Tussing
Others Present: Kandra Hahn, County Clerk
Diane Staab, Deputy County Attorney
Kerry Eagan, Chief Administrative Officer
Norm Agena, County Assessor
1) MINUTES: Approval of the minutes of the Board of Equalization
meeting held on Tuesday, May 6, 1997. (A copy of these minutes is
on file in the Office of the Lancaster County Clerk.)
MOTION: Hudkins moved and Tussing seconded approval. On call Hudkins,
Steinman, Svoboda, Tussing and Campbell voted aye. Motion
carried.
2) ADDITIONS AND DEDUCTIONS:
Approval of 33 additions and deductions to the tax assessment rolls
per Exhibit "A".
MOTION: Tussing moved and Campbell seconded approval. On call Hudkins,
Steinman, Svoboda, Tussing and Campbell voted aye. Motion
carried.
3) MOTOR VEHICLE TAX EXEMPTIONS:
The Catholic Bishop of Lincoln
Cedars Youth Services
Clyde Malone Community Center
Saint Elizabeth Community Health Center
Saint Thomas Aquinas Church
Sesostris Shrine Temple
MOTION: Tussing moved and Svoboda seconded to deny the motor vehicle tax
exemption for Clyde Malone Community Center because it was not
timely filed.
Hobart Bradley, Malone Community Center, appeared and said he didn't
receive the documentation to file the exemption until April.
ROLL CALL: Steinman, Svoboda, Tussing, Campbell and Hudkins voted aye.
Motion carried.
MOTION: Tussing moved and Hudkins seconded approval of motor vehicle tax
exemptions for The Catholic Bishop of Lincoln, St. Thomas Aquinas
Church, Saint Elizabeth Community Health Center and Cedars Youth
Services and approval for Sesostris Shrine Temple subject to the
vehicle being titled and registered to the applicant. On call
Svoboda, Tussing, Campbell, Hudkins and Steinman voted aye.
Motion carried.
Board of Equalization
2:30 p.m.
4) APPROVAL OF A CHANGE OF TAX EXEMPTION FOR 1997 FROM A PARTIAL TO
A FULL EXEMPTION FOR BENNET COMMUNITY CHURCH
MOTION: Hudkins moved and Tussing seconded to accept the Assessor's
recommendation to change the tax exemption for 1997 on real
estate from a partial to a full exemption for Bennet Community
Church. On call Campbell, Hudkins, Steinman, Svoboda and Tussing
voted aye. Motion carried.
5) APPROVAL OF A TAX EXEMPTION FOR 1997 ON REAL ESTATE FOR THE FOOD
BANK OF LINCOLN, INC.
MOTION: Tussing moved and Hudkins seconded to accept the Assessor's
recommendation and approve a tax exemption for 1997 on real
estate for the Food Bank of Lincoln, Inc. On call Hudkins,
Steinman, Svoboda and Tussing voted aye. Campbell abstained due
to a conflict of interest. Motion carried.
6) APPROVAL OF A TAX EXEMPTION FOR 1997 ON PERSONAL PROPERTY FOR ST.
ELIZABETH PHYSICIAN RESOURCE NETWORK DBA/HOLY FAMILY MEDICAL
SPECIALTIES.
MOTION: Campbell moved and Tussing seconded to accept the Assessor's
recommendation and approve a tax exemption for 1997 on personal
property for St. Elizabeth Physician Resource Network dba/Holy
Family Medical Specialities. On call Steinman, Svoboda, Tussing,
Campbell and Hudkins voted aye. Motion carried.
7) APPEAL OF A HOMESTEAD EXEMPTION FILED BY EVAN HAYDON ON BEHALF OF
LUANN HAYDON.
Evan Haydon, 4308 North 15th, appeared and briefly discussed his wife's
disability.
Agena explained the doctor had indicated on the form that the neuro-
muscular disease was not of a progressive nature, therefore, the
exemption cannot be approved.
The Board explained any changes in the law would have to be done
legislatively and suggested Haydon speak with his Senator.
MOTION: Campbell moved and Hudkins seconded to accept the Assessor's
recommendation and deny the appeal of a homestead exemption filed
by Evan Haydon on behalf of LuAnn Haydon. On call Tussing,
Campbell, Hudkins, Steinman and Svoboda voted aye. Motion
carried.
8) PROTEST ON AN OMITTED/UNDERVALUED NOTICE FOR WATTS INVESTMENTS
Norm Agena, County Assessor, indicated there were improvements completed
in 1996 which were missed by his office. He said they corrected the
error and sent Mr. Watts a notice for omitted property. The value went
from $177,300 to $471,500.
Cleveland Watts, 23000 South 190th in Otoe County, Nebraska, appeared and
indicated he owns the property which runs between North 33rd Street and
Adams Street and also the adjacent property. He explained he has
commercial rentals on both properties. The valuation on the property to
the south of North 33rd Street is approximately $19 a square foot. The
valuation on the buildings which were appraised is approximately $26 a
square foot.
Following discussion, Agena recommended the item be deferred for one week
for further review and asked Mr. Watts to supply him with the cost of
construction for the buildings.
MOTION: Hudkins moved and Campbell seconded to defer the protest on an
omitted/undervalued notice for Watts Investments to Tuesday, May
20, 1997 at 2:30 p.m. On call Svoboda, Tussing, Campbell,
Hudkins and Steinman voted aye. Motion carried.
9) APPEALS FILED BY PFIZER, INC. ON PERSONAL PROPERTY
Norman Wright, attorney representing Pfizer, Inc., appeared and said they
had received a copy of the opinion from the County Attorney's office. He
stated the brief submitted by Mike Thew, Chief Deputy County Attorney of
the Civil Division, focused largely on the Equal Protection argument.
Wright said the opinion doesn't spend any time talking about the
Commerce Clause argument nor the statutory interpretations.
Wright suggested the statute is not being interpreted correctly. He said
if the statute is applied the way the Assessor applied it, in the way the
raise notice was calculated, they feel there is an Equal Protection, as
well as a Commerce Clause problem. He asked that the Assessor's raise
notice be denied and Lancaster County tax the personal property of Pfizer
on the basis that which it was originally returned by Pfizer.
Mike Thew, Chief Deputy County Attorney of the Civil Division, appeared
and said in the opinion there is a presumption in favor of the
constitutionality of the statute. He explained he didn't spend a lot of
time focusing on the way the Assessor is applying the statute and whether
or not it could be applied in a different way because the Department of
Revenue has developed regulations that the Assessors must follow on how
the statute is applied.
MOTION: Hudkins moved and Tussing seconded to deny the appeal filed
by Pfizer, Inc. on personal property based on the County
Attorney's opinion. On call Hudkins, Steinman, Svoboda, Tussing
and Campbell voted aye. Motion carried.
10) AN APPEAL FILED BY DAVID L CHAMBERS ON REAL ESTATE
David Chambers, 6305 West Adams, appeared and briefly discussed a letter
sent to the County Board regarding his appeal.
Chambers distributed documentation regarding taxes paid (Exhibit B).
In response to a question asked by Hudkins, Agena stated it was $2,000
per acre on the R3 zoned.
Agena stated his office had calculated 77.45 acres, however, on the
Geographic Information System (GIS) it came out to be 65.671 acres. He
stated those numbers and figures would be adjusted accordingly.
Agena suggested to Mr. Chambers that he could protest the per acre value
after June 1.
In response to a question asked by Hudkins, Agena said there had been
two sets of values sent out by his office.
Hudkins asked why there had been a change.
Agena indicated they are currently working on greenbelts and they found
that the property should not have been approved for greenbelt for the
last three years and they are correcting the problem.
Agena said he would reduce the number of acres and recalculate those.
An amended tax statement will then be sent out.
No action was taken.
ADJOURNMENT:
MOTION: Tussing moved and Svoboda seconded to adjourn the Board of
Equalization. On call Steinman, Tussing, Campbell, Hudkins and
Svoboda voted aye. Motion carried.
MINUTES
LANCASTER COUNTY BOARD OF COMMISSIONERS
COMMISSIONERS HEARING ROOM
FIRST FLOOR, COUNTY-CITY BUILDING
TUESDAY, MAY 13, 1997
1:30 P.M.
Commissioners Present: Linda Steinman, Chair
Kathy Campbell
Larry Hudkins
Steve Svoboda
Darlene Tussing
Others Present: Kandra Hahn, County Clerk
Diane Staab, Deputy County Attorney
Kerry Eagan, Chief Administrative Officer
1) MINUTES: Approval of the minutes of the Board of Commissioners
meeting held on Tuesday, May 6, 1997. (A copy of these minutes is
on file in the Office of the Lancaster County Clerk.)
MOTION: Tussing moved and Campbell seconded approval. On call Campbell,
Hudkins, Steinman, Svoboda and Tussing voted aye. Motion carried.
2) CLAIMS: Approval of all claims processed through Tuesday, May
13, 1997, with the exception that the vote of any Commissioner who
might have a conflict of interest in the payment of any claim shall
be deemed an abstention from approval for such claims alone.
MOTION: Tussing moved and Svoboda seconded approval. On call Hudkins,
Steinman, Svoboda, Tussing and Campbell voted aye. Motion
carried.
3) A resolution declaring Thursday, May 15, 1997 as Peace Officers'
Memorial Day (Resolution No. 5501) - Sheriff Terry Wagner
Bill Jarrett, Chief Deputy Lancaster County Sheriff, appeared and sub-
mitted documentation expressing the appreciation of the Sheriff's Office
for the County's recognition of Peace Officers Memorial Day (Exhibit A).
MOTION: Tussing moved and Hudkins seconded approval of Resolution
Number 5501. On call Steinman, Svoboda, Tussing, Campbell and
Hudkins voted aye. Motion carried.
COMMENTS FROM PUBLIC ON AGENDA ITEMS: Members of the public who wish to
comment on any item on the agenda may come forward at this time.
Steinman said the Board would like to give individuals the opportunity to
speak about items on the agenda at the beginning of the meeting in order
to allow the meeting to proceed smoothly and/or they don't have to wait
until the end of the meeting to speak.
Kerry Eagan, Chief Administrative Officer, stated under the new rules the
Board would also allow comments from persons who are interested in a
particular item because they have some stake in the item.
Steinman noted that May is Teenage Pregnancy Prevention month.
4) NEW BUSINESS:
A. A recommendation from the Purchasing Agent to award a bid to
Industrial Services, Inc. to provide for the removal of dead
animals from County roads, in the amount of $11,880.
MOTION: Campbell moved and Tussing seconded approval. On call Svoboda,
Tussing, Campbell, Hudkins and Steinman voted aye. Motion carried.
B. Recommendation from the Purchasing Agent and the County Engineer
to award a bid for gravel surface coarse material hauling to
Western Sand and Gravel (hauler and producer) for a total amount
of $337,215 (Project Numbers 97-34H and 97-35H).
MOTION: Tussing moved and Svoboda seconded approval. On call Tussing,
Campbell, Hudkins, Steinman and Svoboda voted aye. Motion carried.
C. Emergency appropriations from the Miscellaneous General Funds to
the following agencies (Resolution No. 5502):
AGENCY AMOUNT
Register of Deeds $ 18,427
Geographic Information System $ 32,567
Juvenile Court $227,000
Election Commissioner $ 55,364
Budget & Fiscal $ 2,593
County Engineer $ 48,078
Sheriff $116,690
Corrections $ 90,000
Veterans Service $ 4,500
MOTION: Campbell moved and Tussing seconded approval. On call Campbell,
Hudkins, Steinman, Svoboda and Tussing voted aye. Motion carried.
D. Approval to write off an uncollectible account, for $2,202.55,
owed to Lancaster Manor (Resolution No. 5503).
MOTION: Tussing moved and Campbell seconded approval. On call Hudkins,
Steinman, Svoboda, Tussing and Campbell voted aye. Motion carried.
E. Rescind a Resolution (Resolution No. 5480) directing the County
Engineer to conduct a study regarding the vacation of two County
roads in the Village of Jamaica in Lancaster County, Nebraska.
Mike DeKalb, Planning Department, explained the two roads are within the
three-mile jurisdiction and the vacation would need Planning Commission
and City Council action. He said one of the property owners and a
representative for the other property owner appeared at the Planning
Commission hearing in objection to the vacation. It was the Planning
Department's recommendation to rescind the resolution.
MOTION: Campbell moved and Hudkins seconded to rescind Resolution Number
5480. On call Steinman, Svoboda, Tussing, Campbell and Hudkins
voted aye. Motion carried.
F. An addendum to an agreement between the Attention Center for Youth
and Lincoln-Lancaster County Health Department to provide an
additional 0.5 full-time registered nurse, at a total cost of
$19,640, commencing April 1, 1997.
MOTION: Tussing moved and Svoboda seconded approval. On call Svoboda,
Tussing, Campbell, Hudkins and Steinman voted aye. Motion carried.
G. An agreement with Speece and Lewis Engineers to perform design
work on the Firth viaduct over the Burlington Northern and Santa
Fe Railway Company, in the amount of $57,500.
MOTION: Campbell moved and Hudkins seconded approval.
Don Thomas, County Engineer, appeared and explained they wanted to control
the design work because of difficulties with the homes which abut the
proposed viaduct. He said they would prefer to deal locally with a
consultant.
ROLL CALL: On call Tussing, Campbell, Hudkins Steinman and Svoboda voted
aye. Motion carried.
H. A contract with Perfect Cup Vending to provide vending services
with a guaranteed annual minimum commission of $18,000 per year
to be paid to the Corrections Department. This contract
commences May 28, 1997 and ends May 27, 2000.
MOTION: Hudkins moved and Campbell seconded approval. On call Campbell,
Hudkins, Steinman, Svoboda and Tussing voted aye. Motion carried.
I. An agreement with Lincoln and Lancaster County Child Guidance
Center to provide mental health services for the Attention Center
for Youth, not to exceed $1,500, effective upon execution of the
agreement.
MOTION: Tussing moved and Campbell seconded approval. On call Hudkins,
Steinman, Svoboda, Tussing and Campbell voted aye. Motion carried.
J. An agreement with Educational Service Unit 18 to provide
educational services to youth detained at the Attention Center for
Youth and the Attention Center West, in an amount not to exceed
$378,491, commencing August 20, 1997 and ending June 30, 1998.
MOTION: Campbell moved and Tussing seconded approval. On call Steinman,
Svoboda, Tussing, Campbell and Hudkins voted aye. Motion carried.
K. An interlocal agreement with the City of Waverly to implement
financial assistance for Kinco Manufacturing Company, LLC.
MOTION: Campbell moved and Tussing seconded approval.
Diane Staab, Deputy County Attorney, appeared and said the interlocal
agreement is in connection with Item 4L. She explained the County's
Economic Development Program requires an interlocal agreement if the
County is giving money within the city limits of another town.
She said Item 4L is the financing agreements.
ROLL CALL: Svoboda, Tussing, Campbell, Hudkins and Steinman voted aye.
Motion carried.
L. An agreement with Kinco Manufacturing Company, LLC, for Community
Development Block Grant loan, in an amount not to exceed $10,000,
for the creation of a new permanent job.
MOTION: Svoboda moved and Campbell seconded approval. On call Tussing,
Campbell, Hudkins, Steinman and Svoboda voted aye. Motion carried.
M. A contract with Pavers LLC for asphaltic concrete resurfacing and
paving, in the amount of $1,049,169.67, at the following locations:
Construction of asphaltic concrete paving:
On Adams Street from North 84th Street east the Stevens Creek
Bridge
On North 14th Street from Agnew Road to Saunders County
Lancaster County office parking lot located at 444 Cherrycreek Rd
Construction of asphaltic concrete resurfacing course:
On North 14th Street from Davey Road to Agnew Road
On Firth Road from Highway 77 to South 68th Street
On South 68th Street from Roca Road to Saltillo Road
On Coddington Avenue from Burnham Avenue to the Lincoln City Limits
Intersection reconstruction:
On Coddington Avenue and West Van Dorn Street
MOTION: Tussing moved and Svoboda seconded approval. On call Campbell,
Hudkins, Steinman, Svoboda and Tussing voted aye. Motion carried.
5) CONSENT ITEMS: These are items of business before the Lancaster
County Board of Commissioners which have been previously supplied to
each Commissioner in writing, which are relatively routine and which
are expected to be adopted without dissent. Any individual item may
be removed for special discussion and consideration by a Commissioner
or by any member of the public without prior notice. Unless there is
an exception, these items will be approved as one with a single vote
of the Board of Commissioners. These items are consideration of:
A. Monthly reports for the following:
County Clerk
Lancaster Manor
Records and Information Management
Veterans' Service Center
B. Setting of a public hearing for Tuesday, May 20, 1997 at 1:30 p.m.
in the Commissioners Hearing Room on the first floor of the
County-City Building to increase appropriations for the Lancaster
Manor Fund, the Community Mental Health Center Fund and the
County-City Property Management Fund.
C. An agreement with Multi-County Information and Programming
Services (MIPS) for computer software support for the County
Treasurer's Office, in the total amount of $1,560.
D. A maintenance agreement with Solutions, in the amount of $700.70,
for the Corrections Department.
E. An agreement with Dwight Johnson and Associates for appraisal
services, in the amount of $2,900, in connection with the
acquisition of a right-of-way project on West Agnew Road.
F. Contracts relating to road improvements with the following:
LANDOWNER LOCATION AMOUNT
Ansel B. and Ruth L. On South 56th Street $1,490
Chase near Rokeby Road
Teresa L. Eisenbarth On Arbor Road near $56
Highway 77
Gerald Lee and Joan M. On Arbor Road near $2,157
Maxson (2 contracts) Highway 77
Joseph M. and Patricia On South 56th Street $6,855
A. Hyland
Kevin Schlake On West Sprague Road $10
near Sprague, Nebraska
James N. and Becky S. On Bluff Road near $142 and
Simpson North 84th Street a land
donation
MOTION: Tussing moved and Campbell seconded approval of the Consent Items.
On call Hudkins, Steinman, Svoboda, Tussing and Campbell voted aye.
Motion carried.
6) ANNOUNCEMENTS:
Campbell noted the Lancaster County Board of Commissioners would hold a
meeting on Thursday, May 15, 1997 at 8 a.m. instead of 7:30 a.m. in the
Fourth Floor Conference Room of the County-City Building.
ADJOURNMENT:
MOTION: Tussing moved and Svoboda seconded to adjourn. On call Steinman,
Tussing, Campbell, Hudkins and Svoboda voted aye. Motion carried.