Historic building sewerage bill sparks contentious debate

 

[November 18, 2021] 

At the Monday, November 15th voting session of the Lincoln City Council, the last item on the agenda was the motion to forgive the sewer bill debt of the Allen Chapel in Lincoln. Mayor Tracy Welch noted that the item had been tabled on November 1, 2021.

Rick Hoefle said he would move to keep the motion on the table.

Welch consulted with City Attorney John Hoblit and said there was no need for a motion to keep it on the table, only a motion to take it off, if desired.

Welch said in spite of this, he would like to have a brief discussion on the topic. Welch said he wanted to know what the council needs in order to make a decision.

Hoefle said that he had done some research. Currently there are 65 delinquent sewer accounts that owe approximately $77,000. He warned that if the council forgives this debt, the city can expect more requests.

Kevin Bateman said he has heard overwhelming support in the community for helping the church because it is on the National Registry of Historic Places. He understood the idea of “do for one, do for all,” but those other accounts would need to show that they were also locations with historic significance.

In addition, Bateman said the actual bill for the sewer was just a few hundred dollars and the rest of the $1,957.33 was fees and fines.

Welch said that when properties go long periods with unpaid taxes, those properties are entrusted to the Logan County Trustees. Those trustees may sell the properties, and when they do, the liens placed by the city for delinquent sewer are automatically wiped out. He said therefore, “we’re already losing tax dollars that are technically considered liens all the time.”

Welch said that forgiving the debt was worth doing as it would save the building from falling into dilapidation.

Welch said that of the $1,957.33 balance due, $292.20 is actual sewerage bills, and $1,665.13 is for fees and fines. Welch asked if the council would approve the forgiveness of the fees and fines. He said, “If the council will approve that, I already know of individuals who said they would step forward for that small amount and make donations to the church to pay that $292.”

Wanda Lee Rohlfs said she did not approve of discussing an item that is tabled. She said it should be taken off the table first.

Having said that, she said she had called the assessor’s office to see who owned the building, and that was in question in her mind. Rohlfs said if there are other owners, shouldn’t they be held responsible.

Welch said that Ron Keller had said that the building was owned by the AME Church Diocese.

It was mentioned that there could be a title search done on the property and Welch said yes there could, but at a cost.

Rick Hoefle said the cost would fall on the church.

Welch said, “It’s at this point where I think we’re haggling. We’ve got really big issues before the city and we’re haggling over somebody who wants to do something nice to preserve this building, a historical landmark. So if this council has dug their feet in and are adamant on getting this $1,957.33, I will take it upon myself to work with Mr. Keller to do a fundraising campaign to settle this debt.”

Rohlfs said she would be happy to contribute to a fundraiser.

Bateman made a motion to remove the item from the table. Downs seconded that motion.

Hoefle, Greg Miller and Rohlfs voted no. The other four council members present - Kevin Bateman, Sam Downs, Kathy Horn and Steve Parrott, voted yes. Alderman Tony Zurkammer was absent for the evening.

There was then a motion by Downs to approve the agenda item with the second from Bateman. The motion read: 11H - Approval of Waiver of Sewer Lien and unpaid sewer bills for Allen Chapel AME Church in the amount of $1,957.33

Had this come to a vote, in order to keep the debt in place the majority of the council should have voted ‘no.” However, this particular motion did not come to a vote.

Parrott said he would like to amend the motion to forgive the fines and fees and leave a balance due of $292.20.”
 

City Clerk Peggy Bateman explained to the council that the $292.20 included the fee to place the lien that was already on the property and also the cost of removing the lien. The lien was the primary matter in the initial request to the council, as the lien would prevent application for a grant to fix the building.

City Treasurer Chuck Conzo said that reducing the debt would not guarantee the balance due because the balance due would remain in the billing cycle and late fees would continue to accrue.

Welch said he already knew people who were willing to pay the balance due and he would get with those people right away. He said it would not drag out to the next billing cycle. He was reminded that would mean payment in full needed to be made by Friday, November 19th.

Welch said that would happen.

After a few more explanations of the vote to be taken, Welch called for the question.

Aldermen Bateman, Downs, Horn, Miller, and Parrott voted yes to the amendment. Hoefle voted no and Rohlfs chose to abstain.

As a final action of completion, the council voted to approve the original motion “as amended.” Bateman made the motion with Downs offered the second.

The final vote to drop fees and fines, but to include the actual sewer use bills plus the costs to apply and remove the lien passed 5-2 with Rohlfs and Hoefle voting no and all others voting yes.

At the conclusion of the meeting on Monday night, a number of aldermen and others in the gallery approached Welch with cash in hand. By the end of the night the amount owed for Allen Chapel’s sewer debt had been raised.

[Nila Smith]