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Lancaster County
Board of Commissioners

1997 Regular Agendas & Minutes



                                   AGENDA
                    LANCASTER COUNTY BOARD OF EQUALIZATION
                          TUESDAY, OCTOBER 28, 1997
                        COUNTY COMMISSIONERS CHAMBERS
                      FIRST FLOOR, COUNTY-CITY BUILDING
                                  1:30 P.M.

1)  MINUTES: Approval of the minutes of the Board of Equalization
    meeting held on Tuesday, October 21, 1997.  (A copy of these
    minutes is on file in the Office  of the Lancaster County Clerk.)

2)  ADDITIONS AND DEDUCTIONS:

    Approval of 8 additions and deductions to the tax assessment rolls
    per Exhibit "A".  (97-158) (97-159)

3)  APPROVAL OF MOTOR VEHICLE TAX EXEMPTIONS:

    Capital Humane Society
    Christian Heritage Children's Home
    First Church of the Nazarene
    Glad Tidings Assembly of God
    Lincoln Lancaster County Child Guidance Center
    Saint Elizabeth Community Health Center
    Saint Mark's Evangelical Lutheran Church
    Saint Paul United Methodist Church
    Southeast Nebraska Mobile Diagnostic Services Inc

4)  SETTING OF A PUBLIC HEARING FOR A NOTICE OF VALUATION CHANGE FOR
    OMITTED OR UNDERVALUED PROPERTY FOR THE FOLLOWING:

    John E and Mary M Vestecka

5)  CERTIFICATION OF TAX LEVIES FOR LANCASTER COUNTY. (97-150)

6)  APPEAL OF PENALTY ON PERSONAL PROPERTY FILED BY EDWARD A. THOMPSON
    (97-108)






                                    AGENDA
                    LANCASTER COUNTY BOARD OF COMMISSIONERS
                           TUESDAY, OCTOBER 28, 1997
                         COUNTY COMMISSIONERS CHAMBERS
                       FIRST FLOOR, COUNTY-CITY BUILDING
                                   1:30 P.M.

1)  MINUTES: Approval of the minutes of the Board of Commissioners
    meeting held on Tuesday, October 21 1997.  (Copies of these minutes
    are on file in the Office of the Lancaster County Clerk.)

2)  CLAIMS: Approval of all claims processed through Tuesday, October
    28, 1997.

3)  ITEMS OF PUBLIC PARTICIPATION:

    *Presentation of the Volunteer of the Month Award to Larry Pershing
    for his services with Lancaster County Cooperative Extension.

4)  PUBLIC HEARINGS:

    A.  A street vacation, to vacate a portion of "C" Street, west of
	Third Street for 142 feet east and west and 60 feet north and
	south in Martell, Nebraska.

5)  OLD BUSINESS:

    A.  A resolution for a street vacation, requested by Joseph
	Berchenko, to vacate the east 25 feet of Southwest 16th
	Street from West Burnham Street 1,309.51 feet south to the
	south section line. (97-162) (R-5583)

6)  NEW BUSINESS:

    A.  A political subdivision tort claim filed against the Lancaster
	County Corrections Department by Zac F. Bartlett for lost
	property, in the amount of $1.40.  (97-179)

    B.  A political subdivision tort claim filed against the Lancaster
	County Corrections Department by Bruce E. Jones for lost
	property, in the amount of $60.  (97-178)

    C.  An application and agreement with the Nebraska Health and Human
        Services System for participation of the Corrections Department
	in the United States Department of Agriculture (USDA) donated
	food program, at no cost to the County.  (97-123) (C-8783)

    D.  An interlocal agreement between the City of Lincoln and Lancaster
        County for the administration and enforcement of the County's
        Dangerous Building Code.  (97-163) (C-8784)

    E.  An agreement with David M. Griffith & Associates, Ltd. to provide
        professional consulting services for preparation of a cost
	allocation plan which conform to Federal requirements not to
	exceed $10,990. (97-188) (C-8786)

    F.  An agreement with National Legal Aid and Defender Association to
        provide Lawyer Liability Insurance for the Public Defender's
	office in the amount of $6,058.  (97-190) (C-8787)

    G.  Appointment of District Energy Corporation Director for a two
	(2) yr. term commencing January 1, 1998 (expiring term of Larry
	Hudkins).

    H.  Discussion of rescheduling the November 11, 1997 County Board of
        Commissioners meeting to November 13 at 1:30 p.m.

    I.  A request to ratify a contract for provider participation in the
        County General Assistance Burial Program for the term of November
	1, 1997 through October 31, 2000 to:

        Butherus-Master & Love Funeral Home
        Calvary Cemetery
        Lincoln Memorial Funeral Home
        Lincoln Memorial Park & Mausoleum
        Metcalf Funeral Home
        Roper & Sons, Inc.
        Wadlow Rozanek Colonial Chapel
        Wyuka Cemetery (97-191) (C-8787)

    J.  Recommendation from the County Engineer and the Purchasing Agent
	to award an informal quotation to Capital Contractors, Inc. in
	the amount of $12,475.68 for Emergency Abutment Repair of County
	Bridge #M172.  (97-208)

    K.  Authorization of the installation of the following traffic
	signs:  (97-192)

        Signage				Location
        Installation of a "Dirt 	On North 162nd Street
        Road" sign			south of Adams for southbound
					traffic

        Installation of two (2) 	On North 162nd Street
        "Dirt Road" signs		between Havelock Avenue and
					Fletcher Avenue, one north of
					Havelock Avenue for northbound
					traffic and one south of
					Fletcher Avenue for southbound
					traffic

   L.  Approval of a resolution authorizing the reissuance of Lancaster
       County, Nebraska Industrial Development Refunding Revenue Bonds (as
       Mid-America, Inc. Project) Series 1994 in the amount of $4,200,000.
       (97-209)

   M.  Approval of an agreement with Lancaster Rural Water District #1 of
       Bennet for reimbursement for nonbetterment costs on South 56th
       Street. (97-205)

   N.  Approval of an exchange of easements with the City of Lincoln
       regarding Lincoln General Physician's Office Building and the
       mechanical pit for the Community Mental Health Center, the property
       located in the area of 2200 St. Mary's Avenue.  (97-204)

   O.  Approval of an application from Aliant Communications to construct
       utilities on County Right of Way for the installation of telephone
       cable at the following locations:  (97-206)

       Northwest 84th from West Agnew Road to West Ashland Road
       Highway 79 from West Ashland Road to Road B
       Northwest 40th from Highway 34 to West Mill Road
       Northwest 40th from Raymond Road to West Agnew Road
       West Agnew Road from Northwest 40th to Northwest 84th
       Right of Way abutting on to Third, Fourth and Fifth Streets in
       Raymond
       Right of Way adjacent to Second Street in Raymond

   P.  A ballot for accepting or rejecting the first amended plan of
       reorganization filed by Payless Cashways, Inc.  (97-210)

7)  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 approval of:

    A.  A lease agreement with Pitney Bowes for the renewal and upgrade
	of postage meter, mailing machine and scale for the Community
	Mental Health Center of Lancaster County.  (97-183) (C-8785)

    B.  Setting of a public hearing for Tuesday, November 11, 1997 at
        1:30 p.m. in the Commissioners Hearing Room on the first floor
	of the County-City Building for County Board of Zoning Appeals
	No. 105 requested by Tom Wilson on behalf of Marty Ivins,
	alleging an error in the interpretation of the Lancaster County
	Zoning Resolution, Sections 2.067 & 15.001, regarding
	definitions and conditions where a home occupation may occur.
	(97-189)

    C.  Contracts relating to road improvements with the following:

        Landowner             	Location               Amount

        Wilma Brunell    	North 176th            $   65.00
        (97-193)                and Adams St.

        Lanyce L. and           West Panama            $  506.01
        Chad W. Keel            Road near
        (2 contracts)           Southwest 58th
        (97-194, 97-196)        Street

        Elaine N. and           West Panama            $2,373.26
        Ronald R. Eltze         Road near
        (4 contracts)           Southwest 58th
        (97-195, 97-197,        Street
        97-198, 97-199)

        John R., Michael H.,    West Agnew Road        $3,455.15
        and Cheryl A. Kane      near Northwest
        (4 contracts)           70th Street
        (97-200, 97-201,
        97-202, 97-203)

8)  ANNOUNCEMENTS:

    A.  The Lancaster County Board of Commissioners will hold a meeting
	on Thursday, October 30, 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 Wednesday, November 5, 1997 at
        7:30 p.m. in the Commissioners Hearing Room on the first floor
	of the County-City Building regarding Lancaster County's
	proposed "One-and Six-Year Road and Bridge Improvement Program
	for the fiscal years beginning July 1, 1997 through June 30,
	2003".

    C.  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.

9)  EMERGENCY ITEMS AND OTHER BUSINESS:

10) 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 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 (Change of Zone 165).
	(97-26) (Scheduled for further discussion on April 7, 1998.)

11) 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 for the hearing impaired 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.

REPORTS AND INFORMATIONAL FILINGS: The following items which may be
of interest to residents of Lancaster County are among those which have
been filed this week in the County Clerk's Office:

    A.  Monthly reports from the following:

        Lancaster County Sheriff's Fees Report (97-176)
        Lancaster County Attorney Quarterly Report  (97-149)
        Lancaster County Engineer (97-207)



                                MINUTES
                 LANCASTER COUNTY BOARD OF EQUALIZATION
                       COMMISSIONERS HEARING ROOM
                   FIRST FLOOR, COUNTY-CITY BUILDING
                       TUESDAY, OCTOBER 28, 1997
                               1:30 P.M.

Commissioners Present:  Linda Steinman, Chair
                        Kathy Campbell
                        Larry Hudkins
                        Steve Svoboda

 Commissioners Absent:  Darlene Tussing

       Others Present:  Kandra Hahn, County Clerk
                        Norm Agena, County Assessor
                        Kerry Eagan, Chief Administrative Officer
                        Diane Staab, Deputy County Attorney
                        Ann Taylor, County Clerk's Office

1)  MINUTES: Approval of the minutes of the Board of Equalization
    meeting held on Tuesday, October 21, 1997. (A copy of these minutes
    is on file in the Office of the Lancaster County Clerk.)

MOTION: Hudkins moved and Campbell seconded approval.  On call
	Campbell, Hudkins, Steinman and Svoboda voted aye.  Motion
	carried.

2)  ADDITIONS AND DEDUCTIONS:

    Approval of 8 additions and deductions to the tax assessment
    rolls per Exhibit "A".  (97-158) (97-159)

MOTION: Svoboda moved and Campbell seconded approval.  On call
	Hudkins, Steinman, Svoboda and Campbell voted aye.  Motion
	carried.

3)  APPROVAL OF MOTOR VEHICLE TAX EXEMPTIONS:

    Capital Humane Society
    Christian Heritage Children's Home
    First Church of the Nazarene
    Glad Tidings Assembly of God
    Lincoln Lancaster County Child Guidance Center
    Saint Elizabeth Community Health Center
    Saint Mark's Evangelical Lutheran Church
    Saint Paul United Methodist Church
    Southeast Nebraska Mobile Diagnostic Services Inc.

MOTION: Campbell moved and Hudkins seconded approval of the motor vehicle
	exemptions for Capital Humane Society, First Church of the
	Nazarene, Glad Tidings Assembly of God, Lincoln Lancaster
	County Child Guidance Center, Saint Elizabeth Community Health
	Center, Saint Mark's Evangelical Lutheran Church and Southeast
	Nebraska Mobile Diagnostic Services Inc. and approval of
        Christian Heritage Children's Home and Saint Paul United
	Methodist Church subject to the vehicle being registered and
	titled in the applicant's name.  On call Steinman, Svoboda,
	Campbell and Hudkins voted aye.  Motion carried.

4)  SETTING OF A PUBLIC HEARING FOR A NOTICE OF VALUATION CHANGE FOR
    OMITTED OR UNDERVALUED PROPERTY FOR THE FOLLOWING:

    John E and Mary M Vestecka

At the direction of the Chair, the public hearing was set for Thursday,
November 13, 1997 at 2:30 p.m.

5)  CERTIFICATION OF TAX LEVIES FOR LANCASTER COUNTY (97-150)

Tim Genuchi, Accounting Operations Manager for the County Clerk's Office,
appeared and requested that the Board certify the tax levies currently
received by the Clerk's office.  He noted that the deadline for
political subdivisions to certify their tax levies is October 31, 1997
and the deadline for certification of tax levies by the Board is
November 1, 1997.

Genuchi distributed copies of the 1997-98 tax rates and a comparison
with the previous year (97-150).

MOTION: Hudkins moved and Campbell seconded to certify the tax levies
	currently received by the Board.  On call Campbell, Hudkins,
	Steinman and Svoboda voted aye.  Motion carried.


Board of Equalization 2:30 p.m. 6) APPEAL OF PENALTY ON PERSONAL PROPERTY FILED BY EDWARD A THOMPSON (97-108) Norm Agena, County Assessor, recommended denial of the appeal and assess- ment of a ten percent voluntary late filing penalty. MOTION: Hudkins moved and Campbell seconded to accept the Assessor's recommendation. On call Campbell, Hudkins, Steinman and Svoboda voted aye. Motion carried. The Chair closed the Board of Equalization and adjourned the meeting. ON CALL: Hudkins, Steinman, Svoboda and Campbell voted aye. Motion carried. MINUTES LANCASTER COUNTY BOARD OF COMMISSIONERS COMMISSIONERS HEARING ROOM FIRST FLOOR, COUNTY-CITY BUILDING TUESDAY, OCTOBER 28, 1997 1:30 P.M. Commissioners Present: Linda Steinman, Chair Kathy Campbell Larry Hudkins Steve Svoboda Commissioners Absent: Darlene Tussing Others Present: Kandra Hahn, County Clerk Kerry Eagan, Chief Administrative Officer Diane Staab, Deputy County Attorney Ann Taylor, County Clerk's Office 1) MINUTES: Approval of the minutes of the Board of Commissioners meeting held on Tuesday, October 21 1997. (Copies of these minutes are on file in the Office of the Lancaster County Clerk.) MOTION: Hudkins moved and Campbell seconded approval. On call Campbell, Hudkins, Steinman and Svoboda voted aye. Motion carried. 2) CLAIMS: Approval of all claims processed through Tuesday, October 28, 1997. MOTION: Campbell moved and Svoboda seconded approval. On call Hudkins, Steinman, Svoboda and Campbell voted aye. Motion carried. 3) ITEMS OF PUBLIC PARTICIPATION: *Presentation of the Volunteer of the Month Award to Larry Pershing for his services with Lancaster County Cooperative Extension. At the Chair's request, the item was deferred. 4) PUBLIC HEARINGS: A. A street vacation, to vacate a portion of "C" Street, west of Third Street for 142 feet east and west and 60 feet north and south in Martell, Nebraska. Steinman opened the public hearing and asked if anyone wished to testify in favor or in opposition to the street vacation. No one appeared. Steinman asked in anyone wished to appear in a neutral position. Diane Staab, Deputy County Attorney, appeared and submitted a letter received from the Village of Sprague noting no objection to the vacation of the street, which is located within the village (Exhibit A). Steinman closed the public hearing. 5) OLD BUSINESS: A. A resolution for a street vacation, requested by Joseph Berchenko, to vacate the east 25 feet of Southwest 16th Street from West Burnham Street 1,309.51 feet south to the south section line. (97-162) (R-5583) MOTION: Campbell moved and Svoboda seconded approval of the resolution. On call Svoboda, Campbell, Hudkins and Steinman voted aye. Motion carried. 6) NEW BUSINESS: A. A political subdivision tort claim filed against the Lancaster County Corrections Department by Zac F. Bartlett for lost property, in the amount of $1.40. (97-179) MOTION: Campbell moved and Hudkins seconded to accept the recommendation of the Corrections Director and deny the claim. On call Campbell, Hudkins, Steinman and Svoboda voted aye. Motion carried. B. A political subdivision tort claim filed against the Lancaster County Corrections Department by Bruce E. Jones for lost property, in the amount of $60. (97-178) MOTION: Campbell moved and Hudkins seconded to accept the recommendation of the Corrections Director and approve an amount of $37.25, which is the depreciated amount. On call Campbell, Hudkins, Steinman and Svoboda voted aye. Motion carried. C. An application and agreement with the Nebraska Health and Human Services System for participation of the Corrections Department in the United States Department of Agriculture (USDA) donated food program, at no cost to the County. (97-123) (C-8783) MOTION: Hudkins moved and Svoboda seconded approval. On call Hudkins, Steinman, Svoboda and Campbell voted aye. Motion carried. D. An interlocal agreement between the City of Lincoln and Lancaster County for the administration and enforcement of the County's Dangerous Building Code. (97-163) (C-8784) MOTION: Campbell moved and Svoboda seconded approval. On call Steinman, Svoboda, Campbell and Hudkins voted aye. Motion carried. E. An agreement with David M. Griffith & Associates, Ltd. to provide professional consulting services for preparation of a cost allocation plan which conform to Federal requirements not to exceed $10,990. (97-188) (C-8786) MOTION: Campbell moved and Hudkins seconded approval. On call Svoboda, Campbell, Hudkins and Steinman voted aye. Motion carried. F. An agreement with National Legal Aid and Defender Association to provide Lawyer Liability Insurance for the Public Defender's office in the amount of $6,058. (97-190) (C-8787) MOTION: Svoboda moved and Campbell seconded approval. On call Campbell, Hudkins, Steinman and Svoboda voted aye. Motion carried. G. Appointment of District Energy Corporation Director for a two (2) year term commencing January 1, 1998 (expiring term of Larry Hudkins). MOTION: Campbell moved and Svoboda seconded to appoint Larry Hudkins for an additional two (2) year term. Hudkins accepted the appointment. ON CALL: Campbell, Steinman and Svoboda voted aye. Hudkins abstained from voting. Motion carried. H. Discussion of rescheduling the November 11, 1997 County Board of Commissioners meeting to November 13 at 1:30 p.m. Steinman noted that the County will observe Veterans Day on November 13th. The Board requested Kandra Hahn, County Clerk, to reschedule a public hearing for County Board of Zoning Appeals No. 105, previously scheduled for November 11th, for November 13th at 1:30 p.m. in the County Commissioners Hearing Room, and to notify the applicant and his attorney of the change. In response to a question from Campbell, Hahn stated that the rescheduling would not affect payroll or payment of claims. MOTION: Campbell moved and Hudkins seconded to reschedule the regularly scheduled Tuesday County Board of Commissioners meeting from Tuesday November 11th to Thursday November 13th at 1:30 p.m. in the Commissioners Hearing Room. On call Hudkins, Steinman, Svoboda and Campbell voted aye. Motion carried. I. A request to ratify a contract for provider participation in the County General Assistance Burial Program for the term of November 1, 1997 through October 31, 2000 to: Butherus-Maser & Love Funeral Home Calvary Cemetery Lincoln Memorial Funeral Home Lincoln Memorial Park & Mausoleum Metcalf Funeral Home Roper & Sons, Inc. Wadlow Rozanek Colonial Chapel Wyuka Cemetery (97-191) (C-8787) The Board recognized Kathy Smith, Assistant Purchasing Agent and Kathy Campbell and Darlene Tussing, County Board members, for their work on the Burial Sub-Committee. MOTION: Campbell moved and Hudkins seconded approval. On call Steinman, Svoboda, Campbell and Hudkins voted aye. Motion carried. J. Recommendation from the County Engineer and the Purchasing Agent to award an informal quotation to Capital Contractors, Inc. in the amount of $12,475.68 for Emergency Abutment Repair of County Bridge #M172. (97-208) MOTION: Hudkins moved and Svoboda seconded approval. Kathy Smith, Purchasing, appeared and read a memo into the record from Virgil Dearmont, Bridge Engineer in the County Engineering Department, recommending that the Board waive the formal building procedure in this instance to allow for the immediate repair of the damage to the bridge structure (Exhibit B). Doug Cyr, Deputy County Attorney, appeared and recommended that the Board declare the existence of an emergency before approving the bid request. WITHDRAW MOTION: Hudkins withdrew his motion. MOTION: Hudkins moved and Campbell seconded to declare that an emergency exists with regards to this item. On call Svoboda, Campbell, Hudkins and Steinman voted aye. Motion carried. MOTION: Campbell moved and Hudkins seconded to waive the formal bidding process and accept the bid as presented by the Purchasing Agent and the letter from the County Engineer. On call Campbell, Hudkins, Steinman and Svoboda voted aye. Motion carried. K. Authorization of the installation of the following traffic signs: (97-192) Signage Location Installation of a "Dirt Road" sign On North 162nd Street south of Adams for southbound traffic Installation of two (2) "Dirt On North 162nd Street south Road" signs of Havelock Avenue and Fletcher Avenue, one north of Havelock Avenue for northbound traffic and one south of Fletcher Avenue for southbound traffic MOTION: Campbell moved and Svoboda seconded approval. On call Campbell, Hudkins, Steinman and Svoboda voted aye. Motion carried. L. Approval of a resolution authorizing the reissuance of Lancaster County, Nebraska Industrial Development Refunding Revenue Bonds (as Mid-America, Inc. Project) Series 1994 in the amount of $4,200,000. (97-209) MOTION: Campbell moved and Hudkins seconded approval. Larry Rigby, Mid-America, Inc., appeared and stated that the project will assist in funding of the addition of 105,000 square feet to the printing facility, as well as production equipment. ON CALL: Hudkins, Steinman, Svoboda and Campbell voted aye. Motion carried. M. Approval of an agreement with Lancaster Rural Water District #1 of Bennet for reimbursement for nonbetterment costs on South 56th Street. (97-205) Steinman requested a definition of "nonbetterment costs". Doug Cyr, Deputy County Attorney, appeared and stated that "nonbetterment costs" are the expense to a utility to move a line, due to expansion of a road by the County, without any improvement to the line itself. MOTION: Campbell moved and Svoboda seconded approval. On call Campbell, Hudkins, Steinman and Svoboda voted aye. Motion carried. N. Approval of an exchange of easements with the City of Lincoln regarding Lincoln General Physician's Office Building and the mechanical pit for the Community Mental Health Center, the property located in the area of 2200 St. Mary's Avenue. (97-204) Charlie Humble, attorney representing Lincoln General Hospital, appeared and stated that the two encroachments were discovered during a survey conducted as part of the process of sale of Lincoln General Hospital to Bryan Memorial Hospital. He stated that the exchange of easements was merely a clean up measure. MOTION: Campbell moved and Svoboda seconded approval. On call Hudkins, Steinman, Svoboda and Campbell voted aye. Motion carried. O. Approval of an application from Aliant Communications to construct utilities on County Right of Way for the installation of telephone cable at the following locations: (97-206) Northwest 84th from West Agnew Road to West Ashland Road Highway 79 from West Ashland Road to Road B Northwest 40th from Highway 34 to West Mill Road Northwest 40th from Raymond Road to West Agnew Road West Agnew Road from Northwest 40th to Northwest 84th Right of Way abutting on to Third, Fourth and Fifth Streets in Raymond Right of Way adjacent to Second Street in Raymond MOTION: Hudkins moved and Campbell seconded approval, noting that the location of Highway 79 from West Ashland Road to Road B is actually in Saunders County, not Lancaster. On call Steinman, Svoboda, Campbell and Hudkins voted aye. Motion carried. P. A ballot for accepting or rejecting the first amended plan of reorganization filed by Payless Cashways, Inc. (97-210) Doug Cyr, Deputy County Attorney, appeared and recommended approval, noting that acceptance of the plan of reorganization would not result in the loss of any tax revenue to the County. MOTION: Hudkins moved and Campbell seconded approval, based on the recommendation from the County Attorney's office. On call Svoboda, Campbell, Hudkins and Steinman voted aye. Motion carried. Q. A resolution declaring a local emergency in Lancaster County to authorize emergency funds from all available sources, mutual aid agreements, and to allow application to the State of Nebraska for assistance from the Governor's Emergency Fund and any other resources deemed necessary. Steinman stated that this would allow County residents, suffering damage related to the recent snow storm, access to any available resources. MOTION: Campbell moved and Hudkins seconded approval. At the request of Campbell, Terry Wagner, County Sheriff, appeared to provide a brief update on storm damage. He reported that the County Engineer had indicated that there would be at least one lane road access to all of the sub-developments within the County by the end of the day. Wagner also reported that approximately 500 customers in Lancaster County were still without power, but that assistance from outside the City and County was being provided, and that all of the cities and villages within the County had some power access. Campbell requested that the Board send a note to all of the County employees with their next paycheck, thanking them for their efforts in response to the snow storm. She also suggested that the Board send a letter to the Mayor's office thanking the City of Lincoln for its cooperative effort. ON CALL: Campbell, Hudkins, Steinman and Svoboda voted aye. Motion carried. MOTION: Campbell moved and Hudkins seconded to have the County Board send a letter with the next employee paychecks thanking all of the County employees for their extra efforts during the storm and to also send a letter to the Lincoln Mayor's office expressing appreciation for the cooperation between the City and the County. On call Steinman, Svoboda, Campbell and Hudkins voted aye. Motion carried. 7) 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 approval of: A. A lease agreement with Pitney Bowes for the renewal and upgrade of postage meter, mailing machine and scale for the Community Mental Health Center of Lancaster County. (97-183) (C-8785) B. Setting of a public hearing for Tuesday, November 11, 1997 at 1:30 p.m. in the Commissioners Hearing Room on the first floor of the County-City Building for County Board of Zoning Appeals No. 105 requested by Tom Wilson on behalf of Marty Ivins, alleging an error in the interpretation of the Lancaster County Zoning Resolution, Sections 2.067 & 15.001, regarding definitions and conditions where a home occupation may occur. (97-189) C. Contracts relating to road improvements with the following: Landowner Location Amount Wilma Brunell North 176th $65.00 (97-193) and Adams St. Lanyce L. and West Panama $506.01 Chad W. Keel Road near (2 contracts) Southwest 58th (97-194, 97-196) Street Elaine N. and West Panama $2,373.26 Ronald R. Eltze Road near (4 contracts) Southwest 58th (97-195, 97-197, Street 97-198, 97-199) John R., Michael H., West Agnew Road $3,455.15 and Cheryl A. Kane near Northwest (4 contracts) 70th Street (97-200, 97-201, 97-202, 97-203) As noted previously, the Board requested that the public hearing for County Board of Zoning Appeals No. 105 be scheduled for Thursday, November 13, 1997 at 1:30 p.m. in the Commissioners Hearing Room, instead of Tuesday, November 11th. MOTION: Hudkins moved and Campbell seconded approval of the Consent Items, as amended. On call Svoboda, Campbell, Hudkins and Steinman voted aye. Motion carried. 8) ANNOUNCEMENTS: A. The Lancaster County Board of Commissioners will hold a meeting on Thursday, October 30, 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 Wednesday, November 5, 1997 at 7:30 p.m. in the Commissioners Hearing Room on the first floor of the County-City Building regarding Lancaster County's proposed "One-and Six-Year Road and Bridge Improvement Program for the fiscal years beginning July 1, 1997 through June 30, 2003". C. 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. 9) EMERGENCY ITEMS AND OTHER BUSINESS: 10) 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 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 (Change of Zone 165). (97-26) (Scheduled for further discussion on April 7, 1998.) 11) ADJOURNMENT: MOTION: Campbell moved and Svoboda seconded to adjourn the meeting. On call Campbell, Hudkins, Steinman and Svoboda voted aye. Motion carried.

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