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Home My WebLink About0903 Minutes for September 3, 2019 Adams County Board of Supervisors Board Minutes Courthouse,Adams County,Tuesday September 3,2019 A regular meeting of the Adams County Board of Supervisors was held with Chairman Eldon Orthmann presiding. Roll call members present, Michael Stromer- District 1, Lee Hogan- District 3 ,Scott Thomsen—District 4, Dale Curtis- District 5,Chuck Neumann—District 6, Eldon Orthmann—District 7. Glen Larsen—District 2 was absent. Motion by Hogan,seconded by Stromer that this is an open public meeting of the Adams County Board of Supervisors. Roll Call;Ayes:Stromer, Larsen, Hogan,Thomsen, Curtis, Neumann, Orthmann. Nays: None.Absent: Larsen Orthmann stated that minutes from the August 20, 2019 meeting have been circulated and will stand approved unless there is a correction. No corrections were suggested minutes approved by unanimous consent. Public notice of this meeting has been given by publication in the Hastings Tribune and by posting.An agenda was available to the board members and was kept continuously current and posted in the County Clerk's office,the main courthouse lobby and the Adams County website.The following is the agenda of items to be heard, no modifications were made to the agenda after 9:30 a.m.the business day prior to this meeting. Agenda for Meeting of Adams County Board of Supervisors County Board Room,Courthouse,2nd Floor *Date of Meeting,September 3,2019, 9:30 A.M. Chairman to request a motion that this is an open public meeting of the Adams County Board of Supervisors Announce location of Agenda&Open Meetings Law postings Reminder to turn off all cell phones Pledge of Allegiance Conflicts of Interest Roll call: Approve minutes: Committee reports: Receive Comments from the Public: 9:45 Jackie Norris—present for possible approval,discrimination and harassment policy certification relating to the Victim Witness Grant. 10:00 a.m.PUBLIC HEARING—to hear comments for or against the proposed 2019/2020 Adams County Budget Possible action on the 2019/2020 Adams County Budget Review&approve Resolution 2019-09-03.01 to set the maximum levy amounts for political subdivisions for their 2019-20 budgets Review&approve Resolution 2019-09-03.02 to adopt the 2019-20 County budget 10:15 a.m.Board of Equalization—Remove from table for discussion and action on the personal property penalty appeal filed by Ed Rief 10:30 a.m.PUBLIC HEARING to hear commets for or against the possible selling of real property owned by Adams County Tom Reichert—Chairman of the Safty Committee—Request approval to communicate to county offices that Zee Medical supplies, other than standard first supplies, will be taken out of individual office budgets mama: _ . _._ .. , Ramona Thomas—request approval of office inventory lists Present for possible approval a revised county match request from Region 3 Behavioral Services Scott Thomsen—Request formal acknowledgement of a jail study committee and members Miscellaneous Business Claims 743 ' Page Miscellaneous Receipts Officer Reports This agenda is subject to amending until 9:30 AM on the Monday preceding the Board meeting. Note to Citizens:Any agenda item may be moved down at any time at the discretion of the Chairman of the Board of Supervisors. Last updated on August 30,2019 at 9:51 a.m. For non-English speaking attendees wishing to arrange for a sign language or foreign language interpreter,please call or fax the County Attorney's office at Phone:402-461-7240 or Fax:402 461-7241. For hearing-impaired individuals or individuals with other special needs call or fax the County Clerk's Office at Phone:402 461-7107,or TTY:402 461-7166 or Fax:402-461-7185. When requesting an interpreter or services for the hearing impaired,please provide at least forty-eight(48)hours advance notice to allow time for making the accommodations. The Board reserves the right to go into executive session if such session is clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual. Board members attended the following committee meetings and community events since the August 20, 2019 meeting and provided a brief report: Neumann- August 21,2019—Attended an Adams County Insurance Committee meeting August 22,2019—Attended a South Heartland District Health Department policy meeting August 24,2019—Attended the Nebraska State Fair August 28,2019—Participated in the "Walk Out on Work" event with road department employees at Libs Park August 29,2019—Attended a South Heartland District Health Department meeting with Nebraska State Auditors August 30,2019—Performed spot checks on Adams County office inventory Curtis- August 21,2019—Attended Drug Court August 21,2019—Attended an Adams County Insurance Committee meeting August 28,2019—Attended a Hastings Chamber Board meeting August 29,2019-Performed spot checks on Adams County office inventory Hogan- August 28,2019—Attended a retirement party for an Adams County Extension Office employee August 28,2019—Participated in the "Walk Out on Work"event with road department employees at Libs Park August 28,2019—Attended a meeting with David Bergin and Jerry Hartman regarding an easement on Hartman's property August 30,2019—Inspected the flooding at Willow Lake Fish Hatchery outside of Hastings Stromer- August 22,2019—Attended a Community Action Partnership meeting September 3,2019—Attended an Adams County Building and Grounds Committee meeting August 28,2019-Attended a military vehicle presentation in Kearney Thomsen- August 28,2019—Attended a jail committee meeting September 3,2019—Attended an Adams County Building and Grounds Committee meeting Orthmann- August 30,2019-Performed spot checks on Adams County office inventory September 3,2019—Attended an Adams County Building and Grounds Committee meeting Chairman Orthmann opened the meeting for comments from the public. Adams County Highway Superintendent, Dawn Miller,spoke during public comment to advise the Board of a carrier meeting on Monday,September 9, 2019 at the Adams County building on Baltimore Ave. Miller also stated that the Adams County Roads Building was damaged by a recent hail storm and that an insurance adjuster will be out to assess the damage. Miller also thanked the Wellness Committee for the recent"Walk Out on Work"event. No additional public comments were made and public comment closed. 744 IPage Adams County Victim Witness Advocate,Jackie Norris, presented the Board with the Discrimination and Harassment Policy and Complaint Procedures for the Nebraska Crime Commission and Sub-grant Recipients. Norris has reviewed the document and is requesting Board approval. Motion by Thomsen, seconded by Stromer to approve the chairman signing the discrimination and harassment policy and procedures for the Nebraska Crime Commission. Roll Call;Ayes:Stromer, Larsen, Hogan,Thomsen, Curtis, Neumann, Orthmann. Nays: None.Absent: Larsen NEBRASKA Good Life. Great Service. COMMISSION ON LAW ENFORCEMENT AND CRIMINAL JUSTICE Discrimination&Harassment Policy Certification Compliance with federal and state laws and regulations that govern harassment and discrimination is imperative for all employees of the Nebraska Crime Commission(NCC)and all NCC sub-grant recipient staff and volunteers.To provide guidance and to assure that NCC and NCC sub-grant recipients afford an environment that provides services free from sexual or any other form of harassment or discrimination the Discrimination and Harrassment Policy and Complaint Procedures for the Nebraska Crime Commission and Sub-grant Recipients was enacted. As the Authorized Official of a sub-grant funded by the Nebraska Crime Commission(NCC),I hereby certify that I, , have read in its entirety and agree to adhere to the(NCC)Operating Instruction Number 42,Discrimination and Harassment Policy and Complaint Procedures for the Nebraska Crime Commission and Sub grant Recipients as posted on the NCC website or forwarded to me by NCC staff. This certification is applicable through June 30,2020. Authorized Official Date Organization/Agency Don Asp Jr.,Executive Director 1:llfGt Nebraska Commission on Law Enforcement and Criminal Justice A.O.Box 94946 orFxu 402.471.2194 oan 402-471-2037 301 Centennial Mall South NCC.WelxnesleraNebreska.gov H ihncoin,Nebraska 68509 `' J: nce.nebraaka.gov T G Adams County Safety Committee Chairman,Thomas Reichert, presented a recommendation from the safety committee to pass on the expense of non-basic first aid supplies to the individual offices requesting these supplies.The safety committee will continue to supply the basic supplies for first aid boxes however optional items such as aspirin will be the responsibility of the office requesting it.The county first aid supplies are purchased through Zee Medical. Motion by Thomsen, seconded by Curtis to approve the recommendation made by Reichert in regards to the Zee Medical expenses. Roll Call;Ayes:Stromer, Larsen, Hogan,Thomsen,Curtis, Neumann, Orthmann. Nays: None.Absent: Larsen Adams County Clerk, Ramona Thomas,stated that four supervisors performed inventory spot checks for the 2019/2020 county office inventory.Thomas requested approval in the inventory lists submitted by county offices. Motion by Thomsen, seconded by Stromer to approve all county office inventory lists. Roll Call;Ayes:Stromer, Larsen, Hogan,Thomsen, Curtis, Neumann, Orthmann. Nays: None.Absent: Larsen Thomas also presented an amended county match request from Region 3 Behavioral Services. 745 1 Page REGION 3 BEHAVIORAL HEALTH SERVICES FY 2019/2020 COUNTY MATCH REVISED 8/23/19 REQUEST Previous Approved Revised 8/23/19 Match Funds Match Funds Behavioral Health Programs $ 82,406.83 $ 82,882.06 The total request for Adams County is$ 82,406.83 $ 82,882.06 Please notify Region 3 in writing utilizing the form below what action has been taken by your County Board. Please complete,sign and return the following form to: REGION 3 BEHAVIORAL HEALTH SERVICES P.O.BOX 2555 KEARNEY,NE 68848 On the day of ,2019 the Adams County Board of Supervisors approved the Revised 8/23/19 FY 2019/2020 match request in the amount of$82,882.06 to be used by Region 3 for behavioral health services in the Region 3 area. County Clerk Date Motion by Hogan, seconded by Thomsen to approve the revised Region 3 county match request. Roll Call;Ayes: Stromer, Larsen, Hogan,Thomsen, Curtis, Neumann, Orthmann. Nays: None.Absent: Larsen Supervisor Thomsen started discussion on the formation of a citizen advisory committee relating to the Adams County Jail Study.Thomsen provided a list of individuals willing to serve on the committee. Deputy Attorney Bergin advised that the committee first had to be formally organized and recognized by the Board before members could be appointed. Motion by Curtis, seconded by Hogan to approve the creation of a citizen advisory committee for the Adams County Jail. Roll Call;Ayes:Stromer, Larsen, Hogan,Thomsen, Curtis, Neumann,Orthmann. Nays: None.Absent: Larsen Supervisor Thomsen provided the following list of citizens willing to serve on the committee: Becky Sullivan Ron Pavelka Lyle Fleharty Terry Klatt Lance Atwater Jason Cafferty John Rust Gregg Magee Scott Thomsen Lee Hogan Phyllis Jacobitz Elayne Lanwehr Jamie Hamburger Neel Keiser Scott Snell Motion by Thomsen, seconded by Stromer to approve the list of citizens willing to serve on the jail advisory committee. 746IPage Supervisor Neuman stated he felt it would be in the county's best interest to have representation from the Adams County Attorney's office and Public Defender's office on the committee. Deputy Attorney Bergin concurred and provided examples where such representation would be helpful and stated Adams County Attorney Donna Fegler Daiss is willing to serve on the committee. Thomsen stated he was not comfortable adding names to a list without their consent. Thomsen amended his motion to approve the list of current citizen members with the option to add members if necessary. Roll Call;Ayes:Stromer, Larsen, Hogan,Thomsen, Curtis, Orthmann. Nays: Neumann.Absent: Larsen Motion by Curtis, seconded by Hogan to approve the claims and direct the county clerk to pay them out of their respective accounts. Roll Call;Ayes:Stromer, Larsen, Hogan,Thomsen, Curtis, Neumann, Orthmann. Nays: None. Absent: Larsen Adams County Budget preparers, Dawn Miller and Judy Mignery presented Resolution 2019-09-03.01 setting the maximum levy amount tor Adams County Townships and fire districts. RESOLUTION No.2019-09-03.01. WHEREAS,Nebraska Statute Section 77-3443(3)requires all political subdivisions subject to county levy authority to submit a preliminary request for levy allocation;and WHEREAS,the political subdivisions that are subject to Adams County levy authority are agricultural society,townships,and rural fire districts;and WHEREAS,Nebraska Statute Section 77-3443(4)requires the county board to determine the final levy allocation of levy authority to its political subdivisions and forward a copy to the chairperson of the governing body of each political subdivision;and WHEREAS,the Adams County Board of Supervisors has determined the levies for the following political subdivisions and if the political subdivisions'request is over the levy, their levy will be set at the levy established below; NOW THEREFORE,BE IT RESOLVED that the following is the maximum levy allowed for each of the political subdivision's name below; Adams County Agriculture Society 0.0178354 West Blue Township 0.0046587 Highland Township 0.0107895 Verona Township 0.0066275 Kenesaw Township 0.0095574 Wanda Township 0.0117054 Juniata Township waived Denver Township 0.0045323 Blaine Township 0.0030188 Hanover Township 0.0010006 Ayr Township waived Roseland Township 0.0111299 Cottonwood Township 0.0060549 Logan Township 0.0097715 Silver Lake Township 0.0213842 Zero Township 0.0064556 Little Blue Township 0.0233014 Blue Hill RFD Glenvil RFD Hastings RFD 0.0241402 Holstein RFD 0.0215737 Juniata RFD 0.0368975 Kenesaw RFD 0.025734 Lawrence RFD Roseland RFD 0.0235271 Trumbull RFD NOW THEREFORE,BE IT RESOLVED,by the Adams County Board of Supervisors that if any political subdivision that is subject to the county levy authority neglects to submit a request,the County Board may use their prior years budget request to determine the levy rate for the current year; Motion by: Second By: Vote: Aye Nay PASSED AND APPROVED this day of ,2019. ATTEST: Adams County Board of Supervisors County Clerk Board Chairman 747 I Page Motion by Neumann, seconded by Stromer to approve Resolution 2019-09-03.01 to set maximum levy amounts for subdivisions. Roll Call;Ayes:Stromer, Larsen, Hogan,Thomsen, Curtis, Neumann, Orthmann. Nays: None.Absent: Larsen Motion by Curtis,seconded by Hogan to open the public hearing to hear comments for or against the proposed 2019/2020 Adams County Budget. Roll Call;Ayes:Stromer, Larsen, Hogan,Thomsen,Curtis, Neumann,Orthmann. Nays: None.Absent: Larsen Public Hearing opened at 10:04 a.m. Dawn Miller recapped the budget for those present. ADAMS COUNTY,NEBRASKA NOTICE OF BUDGET HEARING AND BUDGET SUMMARY UBLIC N TCF is hArnhubta in compliance with the provisions of State Statutes 13-501 to 13-513,that the governing body wiN meet on the 3rd d• of =. ::..•.: 2019 at 10:00 •' .. , u ilk. .: r_A .14 . .''A. -- i A. . for the r•'se of hearin.su... ,opposition,criticism, of t sug estlons or observatior),s axaavers Lasting t4 hfoltowlno oo nrosed budget The budget detail is available at the o rice• 1 : •r •uring regular business hours. Propos Necessary Total Available Total Personal and Actual Actual Budget of Cash Resources Before Real Property Tax Disbursements Disbursements Disbursements Reserve Property Taxes Requirement FUNDS 2017-2018 2018-2019 2019-2020 (4) (5) (6) GENERAL -0100_$ 16,738,339.95 $ 17,794,318.38 $ 13,950.001.35 _$ 760,000.00 $ 7,482,521.60 $ 7,217,479.75 ROAD(New)-0300 $ 8,056,848.00 $ 3.182,712.29 $ 2,873,933.71 RURAL RD -0802 $ - $ 133,953.70 $ 757,831.00 $ 757,831.00 $ - VIS PROMO-0990 $ 92,813.95 $ 60,015.70 $ 236,053.88 $ 236,053.88 $ - VIS IMPROV-0995 $ 14,405.00 $ 70,000.00 $ 259,821.77 $ 259,821.77 $ - ROD PRES -1150 $ 3,039.00 $ 9,224.22 $ 83,408.85 $ 83,408.85 $ - HEALTH FD-1275 $ 2,205.15 $ 1,573.12 $ 158,793.18 $ 158,793.18 $ - VET AID -1900 $ 3,186.00 $ 3,200.00 $ 2,000.00 $ 2,000.00 $ - LIBRARY FD-2000 $ 157,344.09 $ 162,979.80 $ 188,903.53 $ 1,171.53 $ 187,732.00 BOOKMOBIL-2050 $ - $ - $ 72,340.24 $ 72,340.24 CO DRUG CT-2360 $ - $ - $ 2,747.35 $ ?747.35 INNER TAX -2700 $ 1,053,833.71 $ 1,558,728.63 $ 4,171,031.42 $ 4,171,031.42 911COM CEN-2910 $ 297,134.84 $ - , REGIONL EM-2918 $ 875.67 $ 684.63 $ 10,440.10 $ 10,440,10 JUV GRANT -2975 $ • $ 266,999.12 $ 254,061.88 $ 254,061.88 $ - HWY BONDS-3700 $ 988,505.00 $ 987,002.50 $ 1,244,320.34 $ 1,044,320.34 $ 200,000.00 CP Hwy6®AC-4800 $ 448,986.77 $ - $ 620,000.00 $ 520,000.00 $ - CP Showboat-4801 $ 1,216,865.00 $ 1,216,865.00 $ - ESCROW FD-5500 $ 990,71529 $ 780,212.57 $ 640,759.90 $ 640,759.90 $ - $ - TOTALS $ 20,789,184.22 $ 21,828,892.37 $ 29,733,685.55 $ 822,340.24 $ 20,096,880.33 $ 10,459,145.46 Bond Purposes Non-Bond Purposes Total Breakdown of Property Tax $ 200,000.00 $ 10,259,145.46 $ 10,459,145.48 Unused Budget Authority created for next year $ 3,756,567.62 I NOTICE OF SPECIAL HEARING TO SET FINAL TAX REQUEST PUBLIC NOTICE is hereby given,in compliance with the provisions of State Statute 77-1601.02,that the pg}fgrnina body will!beet on tt 3rd da_v,,n; .. -u 81' at 11:00.' .. . ,, • .• ..• ,., n 500 W •th .:•in: for the purpose of hearing support,opposition,criticism, suggestions or observations of taxpayers relating to setting the final tax request at a different amount than the prior year tax request. 2018 2019 Change Operating Budget 28,118,275.52 29,733,685.55 6% Property Tax Request $ 10,219,416.48 $ 10,459,145.46 2% Valuation 3,797,052,249 3,840,659,701 1% Tax Rate 0.269141 0.272327 1% Tax Rate If Prior Tax Request was at Current Valuation 0.266085 Chairman Orthmann addressed the room asking if anyone present wanted to speak for or against the proposed 2019/2020 budget. No comments were received. Motion by Curtis,seconded by Hogan to close the public hearing of the 2019/2020 Adams County Budget. Roll Call; Ayes:Stromer, Larsen, Hogan,Thomsen,Curtis, Neumann, Orthmann. Nays: None.Absent: Larsen Public Hearing closed at 10:23 a.m. 748 I Page Motion by Neumann, seconded by Thomsen to approve the 2019/2020 Adams County Budget. Roll Call;Ayes:Stromer, Larsen, Hogan,Thomsen,Curtis, Neumann, Orthmann. Nays: None.Absent: Larsen Miller stated she also needed approval on the signing of Resolution 2019-09-03.02 to submit to the State Auditor's Office formally passing the adoption and appropriations of the 2019/2020 budget. Motion by Neumann, seconded by Thomsen to approve Resolution 2019-09-03.02. Roll Call;Ayes:Stromer, Larsen, Hogan,Thomsen, Curtis, Neumann, Orthmann. Nays: None.Absent: Larsen ADAMS COUNTY RESOLUTION OF ADOPTION AND APPROPRIATIONS Resolution 2019-09-03.02 WHEREAS,a proposed County Budget for the Fiscal Year July 1,2019,to June 30,2020,prepared by the Budget Making Authority,was transmitted to the County Board on the 3rd day of September,2019. NOW,THEREFORE,BE IT RESOLVED,by the Board of SUPERVISORS of ADAMS County,Nebraska as follows: SECTION 1. That the budget for the Fiscal Year July 1,2019,to June 30,2020,as categorically evidenced by the Budget Document be,and the same hereby is,adopted as the Budget for ADAMS County for said fiscal year. SECTION 2. That the offices,departments,activities and institutions herein named are hereby authorized to expend the amounts herein appropriated to them during the fiscal year beginning July 1,2019,and ending June 30,2020. SECTION 3. That the income necessary to finance the appropriations made and expenditures authorized shall be provided out of the unencumbered cash balance in each fund,revenues other than taxation to be collected during the fiscal year in each fund,and tax levy requirements for each fund. DATED AND PASSED THIS 3rd DAY OF September,2019. I COUNTY BOARD I Motion by Curtis,seconded by Stromer to meet as a Board of Equalization for the purpose of discussion and action on an appeal filed by Edward Rief. Roll Call;Ayes:Stromer, Larsen, Hogan,Thomsen, Curtis, Neumann, Orthmann. Nays: None.Absent: Larsen Board of Equalization opened at 10:26 a.m. (see separate Board of Equalization Minutes for September 5, 2019) Motion by Curtis,seconded by Stromer to exit Board of Equalization and resume regular session. Roll Call;Ayes: Stromer, Larsen, Hogan,Thomsen, Curtis, Neumann, Orthmann. Nays: None.Absent: Larsen Regular session resumed at 10:34 a.m. Motion by Neumann, seconded by Stromer to open the Public Hearing to hear comments for or against the selling of county real property. Public Hearing opened at 10:35 a.m. Deputy Attorney Bergin addressed the room to inquire if there was anyone present wishing to speak for or against the selling of the following county real property: A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 7 NORTH, RANGE 10 WEST OF THE 6TH P.M. , ADAMS COUNTY, NEBRASKA No comments were received. Motion by Hogan,seconded by Curtis to close the public hearing on the proposed land sale. Roll Call;Ayes:Stromer, Larsen, Hogan,Thomsen,Curtis, Neumann, Orthmann. Nays: None.Absent: Larsen Public Hearing closed at 10:38 a.m. 749 I Page Motion by Neumann, seconded by Thomsen to approve placing the discussed land for sale by sealed bids,with right of refusal, by November 5, 2019. Roll Call;Ayes:Stromer, Larsen, Hogan,Thomsen,Curtis, Neumann, Orthmann. Nays: None.Absent: Larsen Meeting adjourned by unanimous consent. COUNTY GENERAL FIVE POINTS BANK,HEALTH REIMBURESMENT ACCO 982.26 FIVE POINTS BANK,HEALTH REIMBURESMENT ACCO 982.26 FIVE POINTS BANK,HEALTH REIMBURESMENT ACCO 1, 813. 12 FIVE POINTS BANK,HEALTH REIMBURESMENT ACCO 982.26 FIVE POINTS BANK,HEALTH REIMBURESMENT ACCO 1, 994 . 40 FIVE POINTS BANK,HEALTH REIMBURESMENT ACCO 845.80 FIVE POINTS BANK,HEALTH REIMBURESMENT ACCO 498 .46 FIVE POINTS BANK,HEALTH REIMBURESMENT ACCO 181.00 FIVE POINTS BANK,HEALTH REIMBURESMENT ACCO 1, 632.12 FIVE POINTS BANK,HEALTH REIMBURESMENT ACCO 332 .40 FIVE POINTS BANK,HEALTH REIMBURESMENT ACCO 694. 40 FIVE POINTS BANK,HEALTH REIMBURESMENT ACCO 5, 849.30 FIVE POINTS BANK,HEALTH REIMBURESMENT ACCO 3, 822.46 FIVE POINTS BANK,VICTIMS ASSISTANCE PROGRA 513.40 FIVE POINTS BANK,HEALTH REIMBURESMENT ACCO 3, 899.44 FIVE POINTS BANK,HEALTH REIMBURESMENT ACCO 136. 46 FIVE POINTS BANK,HEALTH REIMBURESMENT ACCO 332. 40 FIVE POINTS BANK,HEALTH REIMBURESMENT ACCO 181.00 FIVE POINTS BANK,HEALTH REIMBURESMENT ACCO 801.26 CENTRAL DISTRICT, DUES,SUBS,REGIST,TRAINING 40.00 CENTRAL DISTRICT, DUES,SUBS,REGIST,TRAINING 80.00 CENTRAL DISTRICT, DUES, SUBS,REGIST,TRAINING 40.00 CENTRAL DISTRICT, DUES,SUBS,REGIST,TRAINING 40.00 CENTRAL DISTRICT, DUES,SUBS,REGIST,TRAINING 40.00 CENTRAL DISTRICT,DUES, SUBS,REGIST,TRAINING 40.00 MELANIE CURRY,EQUIPMENT RENTAL - OFFICE 25.00 MELANIE CURRY, SUPPLIES - OFFICE 14 .00 HOMETOWN LEASING,EQUIPMENT RENTAL - OFFICE 259.20 ASSOCIATED STAFFING INC,OTHER PERSONAL SERVICES 2,222 .56 VANGUARD APPRAISALS INC, DATA PROCESSING COSTS 5, 800. 00 DEREK TERWEY,MENTAL HEALTH BOARD COSTS 85.50 RUANN ROOT,MENTAL HEALTH BOARD COSTS 66.50 JOHN C FOLCIK,MENTAL HEALTH BOARD COSTS 66.50 MICHELLE R. SMITH,MENTAL HEALTH BOARD COSTS 85.50 JENIFER KNUTH,MENTAL HEALTH BOARD COSTS 85.50 AMY SKALKA,MENTAL HEALTH BOARD COSTS 66.50 ADAMS COUNTY SHERIFF, DISTRICT COURT COSTS 52.00 HOMETOWN LEASING,EQUIPMENT RENTAL - OFFICE 388.85 DAS STATE ACCOUNTING, DUES,SUBS,REGIST,TRAINING 26.00 EAKES OFFICE SOLUTIONS, SUPPLIES - OFFICE 426.73 CLERK OF THE SUPREME COURT,COUNTY COURT COSTS 378.00 WALMART,COUNTY COURT COSTS 254.46 EAKES OFFICE SOLUTIONS, SUPPLIES - OFFICE 51.32 JOHN HEIECK, TRAVEL EXPENSES 175. 16 KELSEY HELGET,TRAVEL EXPENSES 110.20 KOENIG INVESTIGATIVE AGENCY,MISCELLANEOUS 201.00 LANGVARDT VALLE & JAMES PC,ATTRNY FEES-COURT APPOINT 1, 159.00 LANGVARDT VALLE & JAMES PC,ATTRNY FEES-COURT APPOINT 1, 634 .00 SULLIVAN SHOEMAKER PC LLO,ATTRNY FEES-COURT APPOINT 4,769.00 SULLIVAN SHOEMAKER PC LLO,ATTRNY FEES-COURT APPOINT 1, 529.50 SULLIVAN SHOEMAKER PC LLO,ATTRNY FEES-COURT APPOINT 3, 695.50 SULLIVAN SHOEMAKER PC LLO,ATTRNY FEES-COURT APPOINT 846.50 THEOBALD LAW OFFICE,ATTRNY FEES-COURT APPOINT 1, 864 . 95 DEREK TERWEY,ATTRNY FEES-COURT APPOINT 1, 881.00 ASSOCIATED STAFFING INC, PART TIME SALARY - MAINTE 851. 63 CITY OF HASTINGS,HAZ. MAT 10.50 DUTTON LAINSON CO,BLDG REPAIR #2 28 .51 DUTTON LAINSON CO, JANITORIAL SUPPLIES 44.70 GRACES LOCKSMITH SERVICES,MISCELLANEOUS 12.00 MONTE MALOUF JR & ASSOC, JANITORIAL SUPPLIES 1, 852.00 MENARDS,OTHER BUILDING REPAIR 46. 97 MENARDS, SHOP TOOLS 259. 68 MENARDS,COURTHOUSE BUILDING 15. 15 MENARDS, SHOP TOOLS 80. 65 MENARDS,BUIDING & GROUNDS SUPPLIE 54.37 MENARDS,OTHER BUILDING REPAIR 18.40 MENARDS,BUIDING & GROUNDS SUPPLIE 43.88 SHERWIN WILLIAMS,BUIDING & GROUNDS SUPPLIE 7 .83 750IPage WOODWARDS DISPOSAL SERVICE,GARBAGE 423. 10 EAKES OFFICE SOLUTIONS, SUPPLIES - OFFICE 427. 98 EAKES OFFICE SOLUTIONS,OFFICE EQUIPMENT 880.19 HOMETOWN LEASING,EQUIPMENT RENTAL - OFFICE 328 .00 UNIVERSITY OF NEBRASKA-LINCOLN,MILEAGE ALLOWANCE 18 .57 TWILA BANKSON,MILEAGE ALLOWANCE 33. 64 LYNN DEVRIES,MILEAGE ALLOWANCE 27.84 PATRICIA EVANS,MILEAGE ALLOWANCE 122.38 BETH JANNING,MILEAGE ALLOWANCE 77.72 RON SEYMOUR,MILEAGE ALLOWANCE 137 .46 CONSOLIDATED MANAGEMENT CO,MILEAGE ALLOWANCE 144 .39 GLOCK PROFESSIONAL INC, DUES, SUBS,REGIST,TRAINING 250.00 GRAHAM TIRE COMPANY,EQUIPMENT - FUEL 20.28 HASTINGS FORD-LINCOLN,EQUIPMENT - FUEL 632.83 HOMETOWN LEASING,EQUIPMENT RENTAL - OFFICE 245.41 KENESAW MOTOR CO INC,EQUIPMENT - FUEL 907.37 KENESAW MOTOR CO INC, TRAVEL EXPENSES 56.08 NAPA AUTO PARTS, SHERIFF COSTS 38 .58 NEBRASKA PUBLIC HLTH EVIRO LAB, SHERIFF COSTS 105.00 PERPETUAL LEARNING INST LLC, DUES, SUBS,REGIST,TRAINING 390.00 VERIZON CONNECT NWF INC,EQUIPMENT - FUEL 151.15 BOCKSTADTER LAW OFFICE, SPECIAL ATTORNEY 111. 15 BUSINESS WORLD PRODUCTS, SUPPLIES - OFFICE 341. 96 DAWSON COUNTY SHERIFF,COURT RELATED COSTS 18.00 CLAY COUNTY SHERIFF,COURT RELATED COSTS 67 .25 DONNA S FEGLER-DAISS,MILEAGE ALLOWANCE 121.80 HALL COUNTY SHERIFF,COURT RELATED COSTS 18 .50 HASTINGS TRIBUNE, JUVENILE COURT COSTS 52.22 HOMETOWN LEASING,EQUIPMENT RENTAL - OFFICE 638.50 HOWARD COUNTY COURT,COURT RELATED COSTS 2.00 PERKINS COUNTY SHERIFF,COURT RELATED COSTS 6.50 PHELPS COUNTY COURT,COURT RELATED COSTS 2 .50 PHYSICIANS LABORATORY PC,AUTOPSY COSTS 4, 815.00 ALLO COMMUNICATIONS, INTERNET SERVICE 205.00 ALLO COMMUNICATIONS, TELEPHONE SERVICES 424.80 DAS STATE ACCOUNTING,EQUIPMENT RENTAL - OFFICE 704.00 KIDWELL,OFFICE EQUIP. REPAIR 1, 093.75 TELEPHONE SYSTEMS OF NEBR INC ,TELEPHONE SERVICES 163.09 VERIZON WIRELESS,CELL PHONES 160. 64 WINDSTREAM,TELEPHONE SERVICES 2, 183.55 WINDSTREAM,TELEPHONE SERVICES 150.00 WINDSTREAM,TELEPHONE SERVICES 289.37 ADAMS COUNTY JAIL/SHERIFF,BOARD OF PRISONERS - FOOD 867. 66 ADVANCED CORRECTIONAL,MED-HOSP PRISONERS 25.39 ALLENS OF HASTINGS INC,COMMISSARY 216.00 AUCA CHICAGO LOCKBOX,MISCELLANEOUS 73. 95 BEMANS APPLIANCE SERVICE INC,OTHER EQUIPMENT REPAIR 344. 19 BERTS REXALL DRUGS INC,MED-HOSP PRISONERS 23. 67 BIG G COMMERCIAL HARDWARE INC , JAIL SUPPLIES 24 .41 BUFFALO COUNTY SHERIFF OFFICE ,BOARD OF PRISONERS - FOOD 11, 160.00 BUFFALO COUNTY SHERIFF OFFICE ,MED-HOSP PRISONERS 291. 96 CASH WA DISTRIBUTING,BOARD OF PRISONERS - FOOD 1, 134. 19 CENTRAL DENTAL GROUP,MED-HOSP PRISONERS 998.00 CHARM-TEX INC, PROVISIONS & CLOTHING 285.50 CLAY COUNTY SHERIFF,BOARD OF PRISONERS - FOOD 6,210.00 CRAWFORD SUPPLY CO,COMMISSARY 48. 60 STATE OF NEBRASKA,BOARD OF PRISONERS - FOOD 18, 070. 92 STATE OF NEBRASKA,MED-HOSP PRISONERS 2, 873. 67 GI RADIOLOGY,MED-HOSP PRISONERS 22.35 HALL COUNTY DEPT OF CORRECTION,BOARD OF PRISONERS - FOOD 11, 755.00 HALL COUNTY DEPT OF CORRECTION,MED-HOSP PRISONERS 272 .39 HASTINGS RADIOLOGY ASSOC PC,MED-HOSP PRISONERS 144 .24 KEEFE SUPPLY COMPANY,COMMISSARY 1, 138 . 68 KEITHS PHARMACIES,MED-HOSP PRISONERS 220.95 LEXINGTON REGIONAL HEALTH CNTR,MED-HOSP PRISONERS 53.30 MARY LANNING HEALTHCARE,MED-HOSP PRISONERS 4, 627. 17 MIDWEST EMERGENCY G ISLAND INC,MED-HOSP PRISONERS 74.52 US FOODS INC,BOARD OF PRISONERS - FOOD 551.70 WALMART, JAIL SUPPLIES 30.87 WEBSTER CO AMBULANCE SERVICE,MED-HOSP PRISONERS 350.23 WILLIAMS EXTERMINATING CO,MISCELLANEOUS 28.00 WILLIAMS EXTERMINATING CO, SHERIFF COSTS 18.00 YORK MEDICAL CLINIC PC,MED-HOSP PRISONERS 129.45 CITY OF HASTINGS,AMBULANCE COSTS 5,208 .33 DAS STATE ACCOUNTING, SP PROJ6-18SHSP-PET GRANT 634 .75 DAS STATE ACCOUNTING, SP PROJ5-17SHSP-PET GRANT 700.00 751 1 Page HASTINGS UTILITIES,UTILITIES 361.73 RON PUGHES,CELL PHONES 25.00 PRESTO-X,MAINTENANCE AGREEMENTS 37 .00 G4S SECURE SOLUTIONS INC, SECURITY CONTRACTS BY 0TH 1, 841.00 JULIE BUDNICK,MISCELLANEOUS 33.33 CENTURY LINK,TELEPHONE SERVICES 504.02 CULLIGAN OF HASTINGS,MISCELLANEOUS 262 .88 CULLIGAN OF KEARNEY,MISCELLANEOUS 49.00 EAKES OFFICE SOLUTIONS,EQUIPMENT RENTAL - OFFICE 1,244 .62 EAKES OFFICE SOLUTIONS,OFFICE EQ REPAIR 719.76 NEBRASKA TECH & TELECOM INC,TELEPHONE SERVICES 397 .58 PHELPS COUNTY TREASURER, POSTAL SERVICES 283.05 PHELPS COUNTY TREASURER,TELEPHONE SERVICES 102 .52 WINDSTREAM,TELEPHONE SERVICES 67 . 94 DEWITT FUNERAL & CREMATI,COUNTY BURIALS 1, 400.00 COMMUNITY ACTION PART MID-NEBR,HANDI-BUS 2, 826.25 MIDWEST CONNECT, POSTAL SERVICES 3, 000.00 DAWN R MILLER,BUDGET PREPARATION COSTS 1, 400.00 REGION 3 BEHAVIORAL HLTH SRVCS,MENTAL HEALTH SERVICES AC 6, 944 .46 ADAMS COUNTY TREASURER, INTER-FUND TRANSFERS 276, 031.26 ROAD - BRIDGE FIVE POINTS BANK,HEALTH REIMBURESMENT ACCO 8, 356.82 AUTO VALUE - HASTINGS,RD EQ REP PARTS 24 .00 AUTO VALUE - HASTINGS,MACH EQ GREASE OIL 65.88 AUTO VALUE - HASTINGS,SUPPLIES - SHOP 146.56 AUTO VALUE - HASTINGS,RD EQ REP PARTS 37 .07 AUTO VALUE - HASTINGS,MACH EQ GREASE OIL 137.76 AUTO VALUE - HASTINGS,SUPPLIES - SHOP 21. 97 AUTO VALUE - HASTINGS,RD EQ REP PARTS 22 .39 AUTO VALUE - HASTINGS,MACH EQ GREASE OIL 100. 68 BIG G COMMERCIAL HARDWARE INC , SUPPLIES - MISCELLANEOUS 99. 99 BGNE,EQUIPMENT - FUEL 576.84 BOSSELMAN ENERGY INC,EQUIPMENT - FUEL 12, 976.72 CINTAS CORPORATION #449,TOWEL/CLEANING AGREEMENTS 188. 91 CINTAS CORPORATION #449, JANITORIAL SUPPLIES 23.19 CINTAS CORPORATION #449,TOWEL/CLEANING AGREEMENTS 68 .00 COOPERATIVE PRODUCERS INC,OTHER EQUIPMENT REPAIR 70.00 COOPERATIVE PRODUCERS INC,EQUIPMENT - FUEL 6, 161.31 DEWEESE SAND & GRAVEL,MATERIALS - GRAVEL & BORR 19, 026. 45 DEWEESE SAND & GRAVEL, FEMA GRANT COSTS 1, 223. 61 DEWEESE SAND & GRAVEL,MATERIALS - GRAVEL & BORR 29, 979.78 DEWEESE SAND & GRAVEL, FEMA GRANT COSTS 645.77 EAKES OFFICE SOLUTIONS, SUPPLIES - OFFICE 34 .15 FASTENAL COMPANY,SUPPLIES - SHOP 303.31 FASTENAL COMPANY, SUPPLIES - MISCELLANEOUS 92.77 FILTER CARE, SUPPLIES - SHOP 151.00 FLEET PRIDE INC,RD EQ REP PARTS 348 .16 GRACES LOCKSMITH SERVICES, SUPPLIES - MISCELLANEOUS 34.50 HANSEN INTL TRUCK INC,RD EQ REP PARTS 163.83 HOMETOWN LEASING,EQUIPMENT RENTAL - OFFICE 282 . 60 LAWSON PRODUCTS,WELDING SUPP/CHAINS 127 . 62 LAWSON PRODUCTS,EXPRESS/FREIGHT 11. 99 MCCONNELL CLEANING, JANITORIAL AGREEMENTS 260.00 MID-NEBRASKA AGGREGATE INC, FEMA GRANT COSTS 958 .06 MID-NEBRASKA AGGREGATE INC,MATERIALS - GRAVEL & BORR 9,719. 11 CENTRAL DISTRICT, DUES, SUBS,REGIST,TRAINING 40.00 NAPA AUTO PARTS,RD EQ REP PARTS 10. 95 NAPA AUTO PARTS, SUPPLIES - SHOP 5.72 NAPA AUTO PARTS,RD EQ REP PARTS 17 . 67 NAPA AUTO PARTS, SUPPLIES - SHOP 19. 98 NAPA AUTO PARTS,RD EQ REP PARTS 160.82 NAPA AUTO PARTS, SUPPLIES - SHOP 24 .19 NAPA AUTO PARTS,RD EQ REP PARTS 36. 12 NMC EXCHANGE LLC,RD EQ REP PARTS 118 .39 NMC EXCHANGE LLC,SUPPLIES - SHOP 1, 440.00 NMC EXCHANGE LLC,RD EQ REP PARTS 203.00 NMC EXCHANGE LLC, SUPPLIES - SHOP 1, 440.00 SANITARY OUTDOOR SERVICE INC, JANITORIAL SUPPLIES 181.25 TITAN MACHINERY INC. ,MISC. EQUIPMENT 40.50 WISE HEAVY EQUIPMENT LLC,RD EQ REP PARTS 22.75 WISE HEAVY EQUIPMENT LLC,EXPRESS/FREIGHT 13.38 WOODWARDS DISPOSAL SERVICE,GARBAGE 167.50 JUVENILE SERVICES CARISSA L UHRMACHER, JUV GRANT COMMUNITY, 19-CB 44 .00 CASA, JUV GRANT COMMUNITY, 19-CB 15,755.70 MENTORING WORKS INC, JUV GRANT COMMUNITY, 19-CB 1, 895.83 752 1 Page REVIVE INC, JUV GRANT COMMUNITY, 19—CB 1, 950.00 YWCA,JUV GRANT COMMUNITY, 19—CB 2, 504.57 SHOWBOAT S OF HWY 6 PROJECT OLSSON,ENGINEERING 8, 818.00 ESCROW HOLDING FUND METAL CULVERTS INC,MISCELLANEOUS 9, 465.00 Eldon Orthmann Ramona R. Thomas Board Chairman County Clerk Adams County Board of Supervisors Board of Equalization Minutes Courthouse,Adams County,Tuesday,September 3,2019 The Adams County Board of Equalization met on September 3, 2019 at 10:15 a.m. in the Adams County Board Room to review and take action on tax list corrections and motor vehicle tax exemption applications. Chairman Eldon Orthmann presided over the meeting. Roll Call members present were: Michael Stromer—District 1, Lee Hogan- District 3,Scott Thomsen—District 4, Dale Curtis- District 5, Chuck Neumann—District 6, Eldon Orthmann—District. Absent: Glen Larsen—District 2 Motion by Curtis, seconded by Stromer to meet as a Board of Equalization for the purpose of discussion and action on an appeal filed by Edward Rief. Roll Call;Ayes:Stromer, Larsen, Hogan,Thomsen, Curtis, Neumann, Orthmann. Nays: None. Absent: Larsen Board of Equalization opened at 10:26 a.m. At the request of the Board,Adams County Deputy Attorney, David Bergin, provided his legal opinion of the action the Board of Equalization is allowed to take in regards to waiving of penalties on a Personal Property Return. Bergin submitted the following written opinion: ADAMS COUNTY ATTORNEY DEPUTIES Andrew C.Butler fi DONNA FEGLER DAISS abutier(a),adamscountv.org it A David A Bergin dbergin(Badamscountv.orq k 1 Adams County Courthouse,Room 143 Cassie L.Baldwin �j I I, I Fourth and Denver Streets P.O.Box 71 cbaldwi Naann R.Arehartorg narehatt adamscountv.or r Hastings,Nebraska 68902-0071 DaleT.Cavahan Telephone(402)461-7240 dcallaban(eradamseountv.org Fax(402)461-7241 VICTIMJWITNESS UNIT E-Mail Address:ddaiss a,adamscounty.org 7acki Norris irainvi adamscountv.org `s,' _` Raquel Maar rmaar( adarnscounty.org August 22,2019 Adams County Board of Supervisors 1 . do Adams County Cleric , Adams County Coi house I Hastings,Nebraska 6902 I !/ f `�, 753 ' Page Edward Rief / / 1 1240 North Laird Avenue Hastings,NE 68901 I i Adams County Board of Supervisors: j I /f At your last meeting onI August 20,4 indicated,that I would provide a written opinionto the Board and to the taxpayer as to the question o4 when and under what conditions the Board,acting as the County Board of Equalization, nay waive penalties for late filing of a Personal Property ReturnForm. The statute relating to this subject's Neb.Revi Stat. §'774233,06(3). The pertinent part of the statute is quoted below with italics added to relevant portions of the-statuteF The action of the county board of equalization,in an appeal of the penalties imposed, shall be limited to correctingpenalties which were wrongly imposed or incorrectly calculated. The county ihoard of equalization shallhare;no authority to waive or reduce any penalty which was correctly imposed and Calculated.' Therefore,assuming that the penalty was correctly calculated,the question becomes whether the penalty was"wrongly imposed". There is no definition of"wrongly imposed"in the statutory scheme. Therefore,the duty is left to the Board itself to define"wrongly". Black's Law Dictionary(5th Edition)defines"wrongfully",which is pretty close to"wrongly",as follows:In a wrong manner;unjustly;in a manner contrary to the moral law,or to justice. The statute relating to this subject is Neb..Rev' Stat. § ''7233.06 (3). The pertinent part of the statute is quoted helow`:wtth italics added to re evant portions of the statute The action of the county board ofequalization,in an appeal of the penalties imposed, shall be limited to correcting penalties which were wrongly imposed or incorrectly calculated. The county board of equalization shall haveno authority to waive or reduce any penalty which was correctly imposed end calculated:' Therefore, assuming that the penalty was correctly calculated,the question becomes whether the penalty was"wrongly imposed". There is no definition of"wrongly imposed"in the statutory scheme. Therefore, the duty is left to the Board itself to define"wrongly". Black's Law Dictionary(5th Edition)defines"wrongfully",which is pretty close to "wrongly", as follows:In a wrong manner; unjustly; in a manner contrary to the moral law, or to justice. Supervisor Neumann stated with no clear evidence "one way or the other"that the Assessor's office wrongly imposed the penalty, he would make a motion the penalty is to "stand as is". Motion seconded by Thomsen. Roll Call:Ayes: Stromer,Thomsen, Curtis, Neumann, Orthmann. Nays: Hogan.Absent: Larsen. Motion by Curtis,seconded by Stromer to exit Board of Equalization and resume regular session. Roll Call;Ayes: Stromer, Larsen, Hogan,Thomsen, Curtis, Neumann, Orthmann. Nays: None.Absent: Larsen Regular session resumed at 10:34 a.m. (see regular session minutes for September 3,2019) Eldon Orthmann Ramona R. Thomas Board Chairman County Clerk 754 IPage