Public Meeting Agenda: September 10, 2019 at 6:00 PM - Board of Education ESU 18 Regular Meeting

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September 10, 2019 at 6:00 PM - Board of Education ESU 18 Regular Meeting Agenda

September 10, 2019 at 6:00 PM - Board of Education ESU 18 Regular Meeting
1. ESU 18 BOARD OF EDUCATION INFORMATION
Rationale: 

Notice of the time and place of the Educational Service Unit 18 Board meeting was e-mailed to an extensive list of local and regional news media.  A mailing list is maintained at the Lincoln Public Schools District Office.  A public notice was published in the LINCOLN JOURNAL STAR.

The Educational Service Unit 18 Board is empowered to act on any item listed on the Agenda at any time during the meeting, irrespective of the time or order listed. Pages listed, or further detail, are available upon request. The Open Meetings Act requires and the intention of the Board is that agenda items be sufficiently descriptive to give the public reasonable notice of the matters to be considered at the meeting. The Educational Service Unit 18 Board releases its agenda well in advance of most meetings and desires that all interested persons are fully informed. Any interested person who has a question or needs clarification about the sufficiency of a descriptive item should contact the Office of the Superintendent of Schools. The Educational Service Unit 18 Board shall also make available for examination and copying as requested by members of the public, at least one copy of all reproducible written materials to be discussed at the meeting.

2. CALL TO ORDER
3. ROLL CALL
4. ANNOUNCE OPEN MEETING ACT POSTING AND LOCATION
5. SPECIAL PUBLIC HEARING ON 2019-20 ESU 18 PROPERTY TAX REQUEST
Rationale:  The Board of Education of Educational Service Unit 18, is conducting this special public hearing pursuant to LB 103 (2019), Section 77-1601.02 and other Nebraska laws.  These laws provide that the 2019-2020 property tax request may not exceed the Unit property tax request from the prior year, unless the Unit first holds a special public hearing and then passes a resolution that includes all requirements of the statutes.  The prior year’s property tax request would not correctly fund the 2019-2020 budget which has already been formally adopted by the Board of Education. The purpose of this special public hearing is to receive testimony on the proposed property tax request.  Any testimony received will be taken into consideration by the Board of Education when action is taken to approve or modify the provided property tax request prior to October 13, 2019.     

 
6. APPROVAL OF MINUTES
Attachments:
7. PUBLIC COMMENT
Rationale: 

In keeping with Board Policy 8420:

  • Persons speaking during Public Comment will be called forward individually by the Board Chair to the location identified for such purpose.
  • A time limit of five minutes will be allotted for any speaker.  At the discretion of the chair, the speaker may be allotted additional time.  Board members may share, address or consider comments from the public during public comment, at the end of public comment or when related business is on the agenda.
  • Each individual speaking to the Board will be required to identify himself or herself prior to giving public comment.  A "Record of Appearance" card is provided for this purpose.
  • Persons wishing to appear will be heard in the order in which the Chair of the meeting determines appropriate.
  • In cases where more than one person wishes to speak on the same topic, their presentations to the Board may, at the discretion of the chair, be grouped together by topic.
  • If the number of people wishing to speak under the public participation portions of the agenda is large, the chair may rule that a public hearing be scheduled or the discussion be limited on the issue in question.
  • Persons speaking to the Board during public comment may hand out printed materials to the Board but may not use any other form of media.
  • If at any time persons appearing before the Board exceed the time limitations or become abusive in language or behavior, the Chair may declare that person out of order and to refuse permission to continue to address the Board, require a change in behavior and may require the person or persons to leave the premises of the Board meeting.
8. CONSENT AGENDA
9. FIRST READING, ACTION AT NEXT MEETING
9.1. From Board Committees
9.1.1. 2019-20 ESU 18 PROPERTY TAX REQUEST
Rationale:  Proper advance notice was given and a special public hearing has been held on whether ESU 18 should exceed its property tax request from the prior year (Attachment One).
 
Explanation
Pursuant to LB 103 (2019), Section 77-1601.02 and other Nebraska laws, the 2019-2020 property tax request may not exceed the ESU 18’s property tax request from the prior year, unless ESU 18 first holds a special public hearing and then passes a resolution that includes all requirements of the statutes.  The prior year’s property tax request would not correctly fund the 2019-2020 budget which has already been formally adopted by the ESU 18 Governing Board. Attachment Two reflects last year’s property tax rates, this year’s initial estimate, and the property tax rates for 2019-20.

Staff recommends that the resolution below be adopted so that the 2019-20 budget may be funded as adopted.  A simple majority vote is required.
 
Proposal
That the ESU 18 Governing Board approve the resolution proposed below:
2019-2020 TAX REQUEST RESOLUTION
FOR
Educational Service Unit No. 18 of the State of Nebraska

WHEREAS, public notice was given at least five days in advance of a Special Public Hearing called by the Unit Board (hereinafter "the Board") of Educational Service Unit No. 18 of the State of Nebraska (hereinafter "ESU 18") in full compliance with all provisions of LB 103 (2019), Section 77-1601.02 and other Nebraska laws for the purpose providing an opportunity to receive public comment, information and evidence from persons in attendance at such Special Public Hearing on the issue of whether ESU 18’s 2019-2020 fiscal year property Tax Request should exceed ESU 18’s property Tax Requests from the prior year to be taken into consideration by the Board when discussing and approving or modifying ESU 18’s property Tax Request for the 2019-2020 fiscal year; and

WHEREAS, such Special Public Hearing was held before the Board of ESU 18 at the time, date, and place announced in the notice published in a newspaper of general circulation in the area of ESU 18, a copy of which notice and/or a proof of publication is attached hereto as Attachment One, all as required by law; and,

WHEREAS, the Board provided an opportunity to receive public comment, information and evidence from persons in attendance at such Special Hearing and has taken such into consideration as part of this action; and,
WHEREAS, the total assessed value of ESU 18 property differs from last year's total assessed value by 7.3718 percent, all as detailed more fully in Attachment One as attached; and,

WHEREAS, the tax rate which would levy the same amount of property taxes as last year, when multiplied by the new total assessed value of property, would be $0.013970 per $100 of assessed value, all as detailed more fully in Attachment One as attached; and,

WHEREAS, ESU 18 proposes to adopt a property Tax Request that will cause its tax rate to be $0.015 per $100 of assessed value, all as detailed more fully in Attachment One as attached; and,

WHEREAS, based on the proposed property Tax Request and changes in other revenue, the total operating budget of the ESU 18 will exceed last year's by 0.0274 percent, all as detailed more fully in Attachment One as attached; and,

WHEREAS, the Board has now adopted its 2019-2020 fiscal year budget and after having reviewed ESU 18’s Tax Request, and after public consideration of the matter, has determined that the Final Tax Request as listed below is necessary in order to carry out the functions of ESU 18, as determined by the Board in order to correctly fund the budget for the 2019-2020 fiscal year. 
NOW, THEREFORE, BE IT RESOLVED by the Board of Educational Service Unit No. 18 of the State of Nebraska that all findings, determinations and the attached Attachment One as set forth above are hereby adopted, incorporated herein, and made a part of this action and resolution by this reference.

BE IT FURTHER RESOLVED that the Board hereby approves and adopts ESU 18’s 2019-2020 fiscal year property Tax Request, including the county’s collection fee and any delinquent tax allowances and that the Tax Request should be, and is hereby set at $3,598,189.64; all as totaled and detailed more fully in Attachment One as attached.

AND, BE IT further resolved that if updated valuation, budget, or other pertinent information is subsequently received by ESU 18 or by Lancaster County, ESU 18, its administration, and the County shall adjust the property tax request to reflect the updated information pursuant to State Law Sections 77-1601 and other Nebraska laws.
Member _______________ moved to approve and adopt the above resolutions, findings and tax request and member _______________ seconded the same on this ___ day of _____________, 2019. 

After discussion the Record and Roll Call vote of the governing body was as follows:
 
  Voted in favor Voted against Absent or not voting
Barbara Baier      
Lanny Boswell      
Kathy Danek      
Don Mayhew      
Annie Mumgaard      
Bob Rauner      
Connie Duncan      

The undersigned herewith certifies, as Secretary of the Board of Educational Service Unit No. 18 of the State of Nebraska, that the above Resolutions, Findings, Determinations, and Tax Request was duly adopted by a majority of said Board at a duly constituted public meeting of said Board, held in full compliance with the Nebraska Open Meetings law.
                                                                                                __________________________
                                    Secretary

 
Attachments:
9.2. From the Superintendent
10. SECOND READING, RECOMMENDED FOR ACTION
10.1. From Board Committees
10.2. From the Superintendent
11. PUBLIC COMMENT
Rationale: 

In keeping with Board Policy 8420:

  • Persons speaking during Public Comment will be called forward individually by the Board Chair to the location identified for such purpose.
  • A time limit of five minutes will be allotted for any speaker.  At the discretion of the chair, the speaker may be allotted additional time.  Board members may share, address or consider comments from the public during public comment, at the end of public comment or when related business is on the agenda.
  • Each individual speaking to the Board will be required to identify himself or herself prior to giving public comment.  A "Record of Appearance" card is provided for this purpose.
  • Persons wishing to appear will be heard in the order in which the Chair of the meeting determines appropriate.
  • In cases where more than one person wishes to speak on the same topic, their presentations to the Board may, at the discretion of the chair, be grouped together by topic.
  • If the number of people wishing to speak under the public participation portions of the agenda is large, the chair may rule that a public hearing be scheduled or the discussion be limited on the issue in question.
  • Persons speaking to the Board during public comment may hand out printed materials to the Board but may not use any other form of media.
  • If at any time persons appearing before the Board exceed the time limitations or become abusive in language or behavior, the Chair may declare that person out of order and to refuse permission to continue to address the Board, require a change in behavior and may require the person or persons to leave the premises of the Board meeting.
12. REQUEST FOR CLOSED SESSION
Rationale: 
The Lincoln Board of Education is authorized by state statute to hold a closed session by the affirmative vote of a majority of its voting members if a closed session is clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual.  The subject matter and the reason necessitating the closed session are to be identified in the motion to close. Closed sessions may be held for, but shall not be limited to, such the subject matter and the reasons set forth in the Proposal section below.

Explanation
At this point, it is appropriate for the Board to meet in closed session for one of the stated matters and/or any other permissible closed session matters in compliance with the law.

12.1. Request for Closed Session - Negotiations/Collective Bargaining, Property/Real Estate, Litigation, Security, Criminal Misconduct, Personnel, and Legal Advice Matters
Rationale:  The Lincoln Board of Education is authorized by state statute to hold closed sessions.  Closed sessions may be held when clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual.  Reasons that meet this standard include but are not limited to:  (a) strategy sessions with respect to collective bargaining, real estate matters, pending litigation, or litigation which is imminent as evidenced by communication of a claim or threat of litigation to or by the public body; (b) discussion regarding deployment of security personnel or devices; (c) investigative proceedings regarding allegations of criminal misconduct; (d) evaluation of the job performance of a person when necessary to prevent needless injury to the reputation of a person and if such person has not requested a public meeting; and (e) legal advice.

Explanation

At this point, it is appropriate for the Board to meet in closed session for one of the stated matters and/or any other permissible closed session matters in compliance with the law.

PROPOSAL:

That the Board hold a closed session:

1.  For strategy session with respect to negotiations/collective bargaining clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.

2.  For strategy session with respect to property/real estate matters clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.

3.  For strategy session with respect to pending litigation, or litigation which is imminent as evidenced by communication of a claim or threat of litigation to or by the public body clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.

4.  For discussion regarding deployment of security personnel or devices clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.

5.  For investigative proceedings regarding allegations of criminal misconduct clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.

6.  For personnel and the evaluation of job performance clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.

7.  For discussions of the legal consequences of specific action and legal advice clearly necessary for the protection of the public interest or for the prevention of  needless injury to the reputation of an individual in compliance with the law.

13. ADJOURNMENT
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