Lancaster County
Board of Commissioners
Board of Commissioners
lancaster.ne.gov
1) MINUTES: Approval of the minutes of the Board of Commissioners
meeting held on Tuesday, August 5, 1997.
(A copy of these minutes is on file in the Office of
the Lancaster County Clerk.)
2) CLAIMS: Approval of all claims processed through Tuesday,
August 12, 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.
3) ITEMS OF PUBLIC PARTICIPATION: It is the policy of the Lancaster
County Board of Commissioners to accommodate the public to the
greatest extent possible. Therefore, this agenda has been
prepared with items of greatest public interest at the beginning
with more routine items toward the end as a courtesy to those who
wish to speak with the County Board at this meeting. If you are
here to participate on an item and need special consideration
because of a schedule conflict or some other problem, would you
please let us know now so we can try to meet your needs.
* Recognition of Walt Canney for his services with Lincoln Electric
System (Resolution 5531).
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.
4) PUBLIC HEARINGS:
A. Lancaster County's General Assistance Plan Burial Section.
B. A preliminary plat for Branched Oak Lakeside Acres, requested
by Jack Tuma for WTK Company, Inc., consisting of 15 single
family lots, on property located west of Branched Oak Lake on
Northwest 140th Street and West Rock Creek Road in Lancaster
County, Nebraska (Preliminary Plat 97006) (Resolution 5530)
C. A special permit, Branched Oak Lakeside Acres, requested by
Jack Tuma for WTK Company, Inc., consisting of 15 dwelling
units within 1,320 feet of public lake property, located west
of Branched Oak Lake on Northwest 140th Street and West Rock
Creek Road in Lancaster County, Nebraska (Special Permit 148).
5) NEW BUSINESS:
A. An application for a Special Designated License from Ken's
Liquor, Inc. to hold a wedding reception on Saturday, August
23, 1997 from 5 p.m. to 1 a.m. at the residence of Brad
Johnson located 148th and Pioneers Boulevard.
B. Setting a salary for Z.K. Gates, Deputy County Attorney, at
$32,000 per annum, effective August 12, 1997.
C. Request from Tammy Hostetler, an employee in the County
Attorney's Office, to voluntarily participate in the County's
Retirement Plan having met the requirements.
D. Appointment of the following individuals to the Lincoln-
Lancaster Women's Commission:
NAME EXPIRATION OF TERM
Kim Marsh January 1, 1998
Dianne Myers January 1, 1998
Paige J Roberts January 1, 2000
Yolonda Yates January 1, 2000
E. Request for reimbursement of eyeglasses, in the amount of
$288, for Scott Etherton, an employee at the Community Mental
Health Center, whose glasses were broken while performing his
duties at the Crisis Center.
F. Recommendation from the Purchasing Agent to award the bid to
provide microfilming supplies for Records and Information
Management, for an annual expenditure of approximately
$13,000, to the following:
VENDOR
Heep & Associates
Information Systems, Inc.
DataStore, Inc.
G. Adoption of Lancaster County's Fixed Asset Inventory Policy.
H. Approval of a 3.5 percent cost of living increase for the
1997-1998 fiscal year for Excluded and Unrepresented
employees in the Lancaster County Classified Service,
effective August 28, 1997 (Resolution 5540).
I. An addendum to the 1996-1998 labor agreement with the
Lancaster County Deputy Sheriff's Association Fraternal Order
of Police, Lodge 29 amending and replacing language in
relation to the County's group health insurance policy.
J. A labor agreement with the Fraternal Order of Police, Lodge
32 for correctional officers commencing August 28, 1997 and
ending September, 1998.
K. Applications from Galaxy Telecom LP to install fiber optic
cable in the following County rights-of-way at no cost to the
County:
LOCATIONS
South and north of Hickman on the west side of South 68th
Street
East of 68th Street on Bennet Road
L. An agreement with the State of Nebraska Probation
Administration for electronic monitoring of preadjudicated
juveniles on home arrest or detention, in the amount of
$49,625, beginning July 1, 1997, for a period of one year.
6) 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. A monthly report for the County Clerk's Office.
B. A contract with Elaine Price, in the amount of $10, for the
purchase of road materials on property located on Arbor Road
near North 70th Street (Project C55-G-408(2)).
C. A lease agreement with Russel L Robertson, in the total
amount of $335, for the County Engineering Department to
stockpile rock and/or gravel on property located on Highway
33 near Southwest 29th Street for a three year period.
D. Contracts relating to road improvements with the following:
LANDOWNER LOCATION AMOUNT
James M and Margery On Olive Creek Road $55 and
J Helmink near South 82nd Street a land
(2 contracts) donation
Harold E and Meredith On Olive Creek Road $55 and
J Parde near South 82nd Street a land
(2 contracts) donation
Helen M King, Gerald On Arbor Road between $1,642
King, Barbara South 27th Street and
Crawford and Janice E South 56th Street
Streily (2 contracts)
Wyuka Cemetery South 84th Street and $6,965
Highway 2
7) ANNOUNCEMENTS:
A. The Lancaster County Board of Commissioners will hold a
meeting on Thursday, August 14, 1997 at 8:30 a.m. in the
Fourth Floor Conference Room in the County-City Building.
B. A public hearing will be held on Tuesday, August 12, 1997 at
7 p.m. in the Commissioners Hearing located on the first
floor of the County-City Building regarding Lancaster
County's Proposed Budget for Fiscal Year 1997-1998 with
adoption scheduled for Tuesday, August 26, 1997.
C. Public hearings will be held on Tuesday, August 19, 1997 at
1:30 p.m. in the Commissioners Hearing Room located on the
first floor of the County-City Building for the following:
A manager application for Paul J Dietrich in connection with
a liquor license for Hidden Valley Golf Course and Club
located at 10501 Pine Lake Road in Lancaster County,
Nebraska.
A street name change, requested by the Director of Planning,
to rename Deerhaven Road located between South 60th Street
and South 63rd Street as Deerhaven Drive (Street Name Change
Number 97005)
D. The Lancaster County Board of Commissioners meeting which is
broadcast live at 1:30 p.m. on Tuesdays will be re-broadcast
at 6:30 p.m. on Cablevision Channel 5.
8) EMERGENCY ITEMS AND OTHER BUSINESS:
9) PENDING:
A. Change of Zone Number 147, from AG Agricultural to AGR
Agricultural Residential, requested by Peter W. Katt on
behalf of Steve Champoux, on property located at the
northwest corner of 134th and "A" Streets in Lancaster
County, Nebraska.
B. Change of Zone Number 139, from AG Agriculture to AGR
Agricultural Residential, requested by LeRoy F. Busboom, on
property located at the northeast corner of Southwest 112th
Street and West Pioneers Boulevard in Lancaster County,
Nebraska. (This item is scheduled for further discussion on
Tuesday, August 19, 1997 at 1:30 p.m.)
C. County Change of Zone Number 165, from AG Agricultural to
AGR Agricultural Residential, requested by Harry Muhlbach, on
property located west of North 56th Street (Highway 77)
between Mill Road and Raymond Road in Lancaster County,
Nebraska. (This item is scheduled for further discussion on
Tuesday, September 9, 1997 at 1:30 p.m.)
10) ADJOURNMENT:
This agenda, which is kept continually current, is available for
inspection in the Office of the County Clerk in Lancaster County,
Nebraska.
NOTE: Interpreters are available at meetings of the County Board upon
request. Please contact the County Clerk's Office at 441-6336 and ask
for Susan Starcher or Kandra Hahn at least 48 hours prior to the
meeting if this accommodation is required, or if you have any other
special communication needs requiring assistance.
Agenda for a Meeting of the Lancaster County Board of Equalization
to Be Held Tuesday, August 12, 1997 at 1:30 P.m. in the County
Commissioners Hearing Room, First Floor, County-city Building.
1) MINUTES: Approval of the minutes of the Board of Equalization
meeting held on Tuesday, August 5, 1997.
(A copy of these minutes is on file in the Office of
the Lancaster County Clerk.)
2) ADDITIONS AND DEDUCTIONS:
Approval of 22 additions and deductions to the tax assessment
rolls per Exhibit "A".
3) MOTOR VEHICLE TAX EXEMPTIONS:
The American Legion, Department of Nebraska
Cedars Youth Services
Alan Vanert Evangelistic Association - The Living Word Singers
St. Mark's United Methodist Church
4) An appeal filed on a homestead exemption by Gary J Portrey.
5) Removal of an exemption from real estate for 1997 for
Congregational United Church of Christ.
6) A protest filed by Larry Geiger of Geico Development, Inc. for
payment of personal property tax.
MINUTES
Lancaster County Board Of Commissioners
Commissioners Hearing Room
First Floor, County-City Building
Tuesday, August 12, 1997
1:30 p.m.
Commissioners Present: Linda Steinman, Chair
Kathy Campbell
Larry Hudkins
Steve Svoboda
Darlene Tussing
Others Present: Kerry Eagan, Chief Administrative Officer
Kandra Hahn, County Clerk
Diane Staab, Deputy County Attorney
1) MINUTES: Approval of the minutes of the Board of Commissioners
meeting held on Tuesday, August 5, 1997.
(A copy of these minutes is on file in the Office of
the Lancaster County Clerk.)
MOTION: Hudkins moved and Tussing seconded approval of the
minutes of August 5, 1997. On call Campbell, Hudkins,
Steinman, Svoboda and Tussing voted aye. Motion
carried.
2) CLAIMS: Approval of all claims processed through Tuesday,
August 12, 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 Campbell seconded approval. On call
Hudkins, Steinman, Svoboda, Tussing and Campbell voted
aye. Motion carried.
3) Recognition of Walt Canney for his services with Lincoln Electric
System (Resolution 5531).
The Chair read the resolution into the record.
MOTION: Hudkins moved and Campbell seconded approval of
Resolution 5531. 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.
John Austin, R.R. 1, Lincoln, Nebraska, appeared and said he felt
there needs to be another electrical company in Lancaster County
and the City of Lincoln.
Steve Mann, 1411 D Street, appeared and suggested workshops for
the youth.
4) PUBLIC HEARINGS:
A. Lancaster County's General Assistance Plan Burial Section.
The Chair opened the public hearing and asked if anyone
wished to testify in favor.
Kerry Eagan, Chief Administrative Officer, appeared and
disseminated the proposed changes to the General Assistance
Guide Book regarding the burial plan (Exhibit "A").
No one appeared in favor and the Chair asked if anyone wished
to testify in opposition.
Steve Brunken, manager of Lincoln Memorial Funeral Home,
appeared and said the increase proposed does not compensate
funeral homes at a break even point. Other concerns
expressed were as follows:
a. Terminology and inconsistencies in the proposal
b. No reimbursement for the crematory or the burial of
cremated remains
c. Cremation of unclaimed remains
d. Requirement to provide a concrete vault
e. Oversized casket reimbursement
He asked the Board to deny the proposal and requested it be
returned to the committee for further revisions and
clarifications.
Campbell said Brunken had written his comments in letter form
which have been forwarded to the County Attorney's Office.
She said they have not received a response yet.
Austin appeared again and asked if the funeral homes in
Lincoln are locally owned.
Brunken said Metcalf Funeral Home and Lincoln Memorial are
corporate owned.
Rod Rozanek, Wadlow Rozanek Colonial Chapel, appeared and
indicated he agreed with Brunken's concerns and said he feels
funeral homes have been overlooked. He said the proposed
amounts are out of line compared to present costs.
Rozanek also said the committee pointed out that other
counties receive less money. He explained that is
because they may have only one county burial every ten to 15
years.
Brunken appeared again and said he is also concerned with the
fact that if a funeral provider does not sign the agreement
the funeral home or cemetery can't accept funerals for county
burial. He asked who would reimburse the initial funeral
home for expenses incurred when a death takes place on a
weekend, preparation is completed and then it is discovered
the family needs to apply for county assistance and the
funeral home is not a "provider".
The Chair asked if anyone wished to speak in a neutral
position.
Kathy Smith, Assistant Purchasing Agent, appeared and
distributed the county burial fee schedule comparison to
surrounding counties (Exhibit "B").
Discussion then focused on information relating to oversize
caskets. It was noted that a figure could not be obtained as
to the cost of an oversize casket to a provider.
The Chair closed the public hearing.
Campbell said she felt they should defer action in order to
obtain an opinion from the County Attorney.
Hudkins requested the committee and the Purchasing Agent
review wholesale costs in relation to oversize caskets and
average annual increases.
Rozanek appeared again and cited an article from a trade
journal about a funeral home, located in Texas, being sued
for cremating remains of an individual who had family,
unbeknown to the funeral home. The family was awarded
$1,200,000 by the county in Texas.
Eagan requested a copy of the trade journal because the
County Attorney's Office is researching the matter.
Michael Hutchinson, Wyuka Cemetery, appeared and explained
the reason some counties, such as Buffalo County, don't pay
as much because is because the city picks up part of the
cost.
It was the consensus of the Board to defer action until
Tuesday, September 2, 1997.
B. A preliminary plat for Branched Oak Lakeside Acres, requested
by Jack Tuma for WTK Company, Inc., consisting of 15 single
family lots, on property located west of Branched Oak Lake on
Northwest 140th Street and West Rock Creek Road in Lancaster
County, Nebraska (Preliminary Plat 97006) (Resolution 5530)
C. A special permit, Branched Oak Lakeside Acres, requested by
Jack Tuma for WTK Company, Inc., consisting of 15 dwelling
units within 1,320 feet of public lake property, located west
of Branched Oak Lake on Northwest 140th Street and West Rock
Creek Road in Lancaster County, Nebraska (Special Permit
148).
Hudkins read into the record a portion of a letter from the
Nebraska Accountability and Disclosure Commission regarding a
potential conflict of interest in the above matters. The
letter indicated that Hudkins may participate and vote on the
matters. A copy of the letter was submitted into the record
as Exhibit "C".
Mike Rierden, attorney representing applicant, appeared and
submitted a new proposal consisting of 11 lots with a road
running through to the Lawton property. If approved a waiver
of the block length would be requested. Rierden said
they are agreeable with allowing the 200 yard buffer zone on
the entire width of the property. Language was also added to
the notification to purchasers saying that the owner
acknowledges the activities of the Nebraska Field Trial
Association. Changes were made to Item 13 which would allow
outbuildings, such as barns, to be built in the buffer zone.
Tussing asked if lot six would be buildable with the 200 yard
buffer zone.
Rierden said they're not sure, but they hope they so.
The Chair asked if anyone wished to testify in opposition.
Tom Lanz, Safari Club International, Nebraska Chapter,
appeared and submitted documentation relating to rural
development (Exhibit "D"). He said as long as the 200 yard
buffer zone was in place and the outbuildings weren't
construed to be a livestock feedlot or an inhabited dwelling
he could live with the proposal.
Charles Truelson, attorney representing the Nebraska Field
Trial Association, appeared and asked the Board to consider
language so that the provision acknowledging the activities
of the Nebraska Field Trial Association cannot be stricken by
subsequent property owners and that any attempt to do so
would result in notification of adjoining property owners.
He asked that the modification be made by administrative
application or by actual County Board application.
Mike DeKalb, Planning Department, appeared and explained that
Truelson's concern is that a note should be added or an
additional condition to the special permit indicating if any
modifications are made to the plat and/or the special permit
that Game and Parks be notified.
Truelson added that adjoining landowners should also be
notified.
The Chair asked if anyone wished to testify in a neutral
position.
Mark Brohman, Nebraska Game and Parks Commission, appeared
and said they are pleased with 200 yard buffer zone. He said
Game and Parks had concerns about the covenant language and
if they can come to an understanding on how it could be
amended in the future they would be pleased. Brohman said
they have concerns regarding the road to the south; if it is
concrete or blacktopped it will enhance its value for
development. Submitted into the record was a copy of the
easement with Robert Guenzel and Roscoe Lawton (Exhibit "E")
and a copy of the well records addressing Game and Parks
concerns regarding quantity and quality of water in the area
(Exhibit "F").
DeKalb addressed the waiver of block length stating that the
County Subdivision Standards require that no block exceed
1,320 feet. Even though the final drawings aren't ready, he
said he feels sure the adjustment of the road has gone beyond
that.
Also addressed by DeKalb was the language for the
notification and the water issue. He said he has no problem
with the language regarding the notification. As to the
water issue, note six of the special permit requires that the
water report information be provided to lot buyers with
information that water treatment will likely be required.
One area of concern to DeKalb is the road grade. He reminded
the Board that he had asked for deferral of two weeks on July
29 to allow the County Engineer to review the grades,
however, he hasn't received anything.
DeKalb recommended closing the public hearing, approving both
the Preliminary Plat 97006 and Special Permit 148 in concept
contingent upon Planning staff and County Engineer review and
comments.
The Chair closed the public hearings.
MOTION: Campbell moved and Hudkins seconded to accept, in
concept, the proposals on Special Permit 148 and
Preliminary Plat 97006 and request staff comment,
necessary for language regarding the notification
and review of the plat by Tuesday, August 19, 1997.
Svoboda said he feels the area should remain undeveloped and
is concerned about the domino affect of developments so close
to Branched Oak Lake.
ROLL CALL: Tussing, Campbell, Hudkins and Steinman voted
aye. Svoboda voted no. Motion carried.
5) NEW BUSINESS:
A. An application for a Special Designated License from Ken's
Liquor, Inc. to hold a wedding reception on Saturday, August
23, 1997 from 5 p.m. to 1 a.m. at the residence of Brad
Johnson located 148th and Pioneers Boulevard.
Mike Budzinski, applicant, appeared for any questions the
Board may have.
MOTION: Tussing moved and Hudkins seconded approval subject
to the condition that parking be limited on the
public roads as designated by the Sheriff and County
Engineer. On call Hudkins, Steinman, Svoboda,
Tussing and Campbell voted aye. Motion carried.
B. Setting a salary for Z.K. Gates, Deputy County Attorney, at
$32,000 per annum, effective August 11, 1997.
Gary Lacey, County Attorney, appeared and introduced Z.K.
Gates.
MOTION: Hudkins moved and Tussing seconded approval. On
call Steinman, Svoboda, Tussing, Campbell and
Hudkins voted aye. Motion carried.
C. Request from Tammy Hostetler, an employee in the County
Attorney's Office, to voluntarily participate in the County's
Retirement Plan having met the requirements.
MOTION: Hudkins moved and Tussing seconded approval. On
call Svoboda, Tussing, Campbell, Hudkins and
Steinman voted aye. Motion carried.
D. Appointment of the following individuals to the Lincoln-
Lancaster Women's Commission:
NAME EXPIRATION OF TERM
Kim Marsh January 1, 1998
Dianne Myers January 1, 1998
Paige J Roberts January 1, 2000
Yolonda Yates January 1, 2000
MOTION: Hudkins moved and Tussing seconded approval. On
call Tussing, Campbell, Hudkins, Steinman and
Svoboda voted aye. Motion carried.
E. Request for reimbursement of eyeglasses, in the amount of
$288, for Scott Etherton, an employee at the Community Mental
Health Center, whose glasses were broken while performing his
duties at the Crisis Center.
MOTION: Svoboda moved and Tussing seconded approval.
Campbell requested the item be deferred for one week (August
19, 1997) for further review by the County Attorney's Office
in relation to the amount of the reimbursement.
Svoboda withdrew his motion and the seconder agreed.
It was the consensus of the Board to defer the item one week
for further review by the County Attorney's Office.
F. Recommendation from the Purchasing Agent to award the bid to
provide microfilming supplies for Records and Information
Management, for an annual expenditure of approximately
$13,000, to the following:
VENDOR
Heep & Associates
Information Systems, Inc.
DataStore, Inc.
MOTION: Tussing moved and Campbell seconded approval. On
call Hudkins, Steinman, Svoboda, Tussing and
Campbell voted aye. Motion carried.
G. Adoption of Lancaster County's Fixed Asset Inventory Policy.
MOTION: Tussing moved and Svoboda seconded approval.
Tim Genuchi, County Clerk's Office, appeared and explained
the $50 limit on assets has now been changed to a $500
limit. He said there are currently over 10,000 items on the
inventory list, but with the new dollar value of assets it
should decrease the list by half.
ROLL CALL: Steinman, Svoboda, Tussing, Campbell and Hudkins
voted aye. Motion carried.
H. Approval of a 3.5 percent cost of living increase for the
1997-1998 fiscal year for Excluded and Unrepresented
employees in the Lancaster County Classified Service,
effective August 28, 1997 (Resolution 5540).
MOTION: Tussing moved and Campbell seconded approval of
Resolution 5540. On call Svoboda, Tussing,
Campbell, Hudkins and Steinman voted aye. Motion
carried.
I. An addendum to the 1996-1998 labor agreement with the
Lancaster County Deputy Sheriff's Association Fraternal Order
of Police, Lodge 29 amending and replacing language in
relation to the County's group health insurance policy.
MOTION: Hudkins moved and Tussing seconded approval. On
call Tussing, Campbell, Hudkins, Steinman and
Svoboda voted aye. Motion carried.
J. A labor agreement with the Fraternal Order of Police, Lodge
32 for correctional officers commencing August 28, 1997 and
ending September, 1998.
MOTION: Campbell moved and Tussing seconded approval. On
call Campbell, Hudkins, Steinman, Svoboda and
Tussing voted aye. Motion carried.
K. Applications from Galaxy Telecom LP to install fiber optic
cable in the following County rights-of-way at no cost to the
County:
LOCATIONS
South and north of Hickman on the west side of South 68th Street
East of 68th Street on Bennet Road
MOTION: Campbell moved and Tussing seconded approval. On
call Hudkins, Steinman, Svoboda, Tussing and
Campbell voted aye. Motion carried.
L. An agreement with the State of Nebraska Probation
Administration for electronic monitoring of preadjudicated
juveniles on home arrest or detention, in the amount of
$49,625, beginning July 1, 1997, for a period of one year.
MOTION: Svoboda moved and Hudkins seconded approval. On
call Steinman, Svoboda, Tussing, Campbell and
Hudkins voted aye. Motion carried.
6) 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. A monthly report for the County Clerk's Office.
B. A contract with Elaine Price, in the amount of $10, for the
purchase of road materials on property located on Arbor Road
near North 70th Street (Project C55-G-408(2)).
C. A lease agreement with Russel L Robertson, in the total
amount of $335, for the County Engineering Department to
stockpile rock and/or gravel on property located on Highway
33 near Southwest 29th Street for a three year period.
D. Contracts relating to road improvements with the following:
LANDOWNER LOCATION AMOUNT
James M and Margery On Olive Creek Road $55 and
J Helmink near South 82nd Street a land
(2 contracts) donation
Harold E and Meredith On Olive Creek Road $55 and
J Parde near South 82nd Street a land
(2 contracts) donation
Helen M King, Gerald On Arbor Road between $1,642
King, Barbara South 27th Street and
Crawford and Janice E South 56th Street
Streily (2 contracts)
Wyuka Cemetery South 84th Street and $6,965
Highway 2
E. Setting of a public hearing for Tuesday, August 26, 1997 at
1:30 p.m. in the Commissioners Hearing Room located on the
first floor of the County-City Building to consider approval
of the Agricultural Society budget for 1997-1998.
Campbell requested Consent Item 6E be voted on separately.
MOTION: Campbell moved and Svoboda seconded approval of
Consent Items 6A through 6D. On call Svoboda,
Tussing, Campbell, Hudkins and Steinman voted aye.
Motion carried.
CONSENT ITEM 6E:
Campbell explained she would like to see the public hearing
for the Agricultural Society be set for a date different from
the County's proposed budget.
MOTION: Campbell moved and Tussing seconded to set a public
hearing for Tuesday, September 2, 1997 at 1:30 p.m.
in the Commissioners Hearing Room located on the
first floor of the County-City Building to consider
approval of the Agricultural Society budget for
1997-1998. On call Tussing, Campbell, Hudkins,
Steinman and Svoboda voted aye. Motion carried.
7) ANNOUNCEMENTS:
The Chair announced the public hearing regarding Lancaster
County's proposed budget to be held on August 12, 1997 at 7 p.m.
will be televised on Cablevision Channel 5.
8) OTHER BUSINESS:
Austin appeared again and discussed the following:
a. The County's liability in connection with the Health
Department.
b. A letter to Senator Hagel regarding his concerns about the
Corrections Department.
He also suggested having incarcerated individuals pick up the
trash along county roadways.
ADJOURNMENT:
MOTION: Campbell moved and Tussing seconded to adjourn. On call
Hudkins, Steinman, Svoboda, Tussing and Campbell voted aye.
Motion carried.
Kandra Hahn
Lancaster County Clerk
MINUTES
Lancaster County Board Of Equalization
Commissioners Hearing Room
First Floor, County-City Building
Tuesday, August 12, 1997
1:30 p.m.
Commissioners Present: Linda Steinman, Chair
Kathy Campbell
Larry Hudkins
Steve Svoboda
Darlene Tussing
Others Present: Kerry Eagan, Chief Administrative Officer
Kandra Hahn, County Clerk
Diane Staab, Deputy County Attorney
1) MINUTES: Approval of the minutes of the Board of Equalization
meeting held on Tuesday, August 5, 1997.
(A copy of these minutes is on file in the Office of
the Lancaster County Clerk.)
MOTION: Tussing moved and Campbell seconded approval of the
minutes for August 5, 1997. On call Campbell, Hudkins,
Steinman, Svoboda and Tussing voted aye. Motion
carried.
2) ADDITIONS AND DEDUCTIONS:
Approval of 22 additions and deductions to the tax assessment
rolls per Exhibit "A".
MOTION: Hudkins moved and Tussing seconded approval. On call
Hudkins, Steinman, Svoboda, Tussing and Campbell voted
aye. Motion carried.
3) MOTOR VEHICLE TAX EXEMPTIONS:
The American Legion, Department of Nebraska
Cedars Youth Services
Alan Vanert Evangelistic Association - The Living Word Singers
St. Mark's United Methodist Church
MOTION: Tussing moved and Svoboda seconded approval of motor
vehicle tax exemptions for The American Legion,
Department of Revenue; Cedars Youth Services and the
Alan Van Ert Evangelistic Association - The Living Word
Singers and St Mark's United Methodist Church and the
approval of a motor vehicle tax exemption for Cedars
Youth Services (1997 GMC Safari minivan) subject to the
vehicle being titled and registered to the applicant.
On call Steinman, Svoboda, Tussing, Campbell and Hudkins
voted aye. Motion carried.
The Chair recessed the Board of Equalization meeting.
At 3 p.m. the Chair reconvened the Board of Equalization meeting.
4) An appeal filed on a homestead exemption by Gary J Portrey.
Gary Portrey appeared.
Norm Agena, County Assessor, explained the maximum income limit
had been changed and not the qualifications.
No action taken.
5) Removal of an exemption from real estate for 1997 for
Congregational United Church of Christ.
Agena explained the church had called his office inquiring how
long a property must be used in order to maintain an exemption.
It was discovered that the house had been empty for a couple of
months and had not been used by the church. According to the
statute it must be used for an exempt purpose from January 1
through August 15. Recommendation was for denial on the
parsonage.
Kurt Otis, acting chair of the Hallam United Church of Christ,
appeared. He said the parsonage had been unoccupied by a pastor
since the end of April. The parsonage is currently being used as
an office and storage of church items. Otis said they are
looking at possible rental or sale of the property.
Otis also cited case law where vacant space in property owned by
a charitable organization is exempt from taxation for a
charitable use (Exhibit "A").
MOTION: Campbell moved and Hudkins seconded to refer the removal
of an exemption from real estate for 1997 for
Congregational United Church of Christ to the County
Attorney's Office for review. On call Hudkins,
Steinman, Svoboda, Tussing and Campbell voted aye.
Motion carried.
6) A protest filed by Larry Geiger of Geico Development, Inc. for
payment of personal property tax.
Agena said individuals can't protest paying taxes and recommended
denial.
MOTION: Campbell moved and Tussing seconded to accept the
Assessor's recommendation to deny a protest filed by
Larry Geiger of Geico Development, Inc. for payment of
personal property tax. On call Steinman, Svoboda,
Tussing, Campbell and Hudkins voted aye. Motion
carried.
ADJOURNMENT:
At the direction of the Chair the meeting was adjourned.
Kandra Hahn
Lancaster County Clerk