*INSERT CLAIMS LISTING HERE. October 8, 2002 MINUTES OF MEETING BOARD OF COUNTY COMMISSIONERS OF SARPY COUNTY, NEBRASKA

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1 MINUTES OF MEETING BOARD OF COUNTY COMMISSIONERS OF SARPY COUNTY, NEBRASKA October 8, 2002 A meeting of the Board of County Commissioners of Sarpy County, Nebraska was convened in open and public session at 3:00 P.M. on October 8, 2002 at the Courthouse in Papillion, Nebraska. Present: Jack Postlewait, Tim Gay, Inez Boyd, Aldona Doyle, Tim Schram, Board Administrator Mark Wayne and Deb Houghtaling, County Clerk. Notice of the meeting was given in advance thereto by publication in the Bellevue Leader on October 2, 2002, a copy of the Proof of Publication is on file in the County Clerk s office. Notice of the meeting was simultaneously given to all members of the Board of County Commissioners of Sarpy County, Nebraska. Availability of the agenda was communicated in the published notice and in the notice to members of the Board of County Commissioners of this meeting. All proceedings were taken while the convened meeting was open to the attendance of the public. Commissioners and Administrators comments were recorded. Commissioner Schram requested that item #12, Resolution: Adopting Amended Zoning Ordinance - Section 33 (Planned Development District), be removed from the Consent Agenda and placed on the Regular agenda. Boyd moved, seconded by Postlewait, to approve the Consent Agenda as amended with the removal of item #12. Ayes: CONSENT AGENDA Boyd moved, seconded by Postlewait, to approve the minutes of the October 1, 2002 meeting as submitted. Ayes: Boyd moved, seconded by Postlewait, to approve the claims as submitted by Debra J. Houghtaling, Sarpy County Clerk, and authorize the County Clerk to issue warrants for said claims. A complete listing of claims is on file in the office of the County Clerk. Ayes: *INSERT CLAIMS LISTING HERE Resolved by Boyd, seconded by Postlewait, to approve the Interlocal Agreement between Sarpy County and the State of Nebraska Probation Administration providing for Juvenile Drug Treatment Court Coordinator. The cost to Sarpy County is $55,912,00 with $52, to be provided from federal grant. Ayes: Postlewait, Gay, Boyd, Doyle & Schram. Nays: Boyd moved, seconded by Postlewait, to approve the Special Designated License application for Westside Community Schools/Access 66 Catering, Fund Raising Banquet, date of event: 11/14/2002, 6:00 P.M. to 10:00 P.M. at Fontenelle Forest Association Nature Center, 1111 Bellevue Blvd. N., Bellevue, Nebraska 68005, and notify the Nebraska Liquor Control Commission of Board approval. Ayes: Boyd moved, seconded by Postlewait, to authorize the Purchasing Department to purchase one 2003 Chevrolet 1/2 ton extended cab pickup for the Emergency Management Department off of the Nebraska State Contract #CA-5868A for the price of $22, before trade-in allowance. Ayes: Boyd moved, seconded by Postlewait, to authorize the Purchasing Department to solicit bids for three remodeling projects in the Sarpy County Courthouse: the Clerk of the District Court office, the County Attorney s office, and construction of a new counter for the Register of Deeds office. Ayes: Postlewait, Gay, Boyd, Doyle & Schram. Nays: Boyd moved, seconded by Postlewait, to authorize the Purchasing Department to solicit bids for one (1) 2003 five passenger Sport Utility Vehicle for the Highway/Survey Department. Ayes: Postlewait, Gay, Boyd, Doyle & Schram. Nays: Boyd moved, seconded by Postlewait, to authorize the Purchasing Department to solicit bids for a new 110 PTO horse power mowing/snow plowing tractor for the Highway Department. Ayes: Postlewait, Gay, Boyd, Doyle & Schram. Nays:

2 Resolved by Boyd, seconded by Postlewait, to approve and authorize the Chairman to sign the Interstate Private Line Transport Services Pricing Plan Acknowledgment with Qwest Corp. for the provision of a point to point T-1 line between the Sarpy County Courthouse and the Sarpy County Juvenile Justice Center for telephone services. Ayes: Postlewait, Gay, Boyd, Doyle & Schram. Nays: Boyd moved, seconded by Postlewait, to approve the following Sarpy County Limited Tax Building Bonds, Series 2001, Construction Fund (Sarpy County Juvenile Justice Center) disbursement requisition: Req. No. Payee Amount 31. CABLExpress Technologies $9, Ayes: Resolved by Boyd, seconded by Postlewait, to approve the following permanent transfers budgeted in the Sarpy County 2003 Fiscal Year Budget: General to Road $1,505, General to E911 Communications $1,452, Landfill to General $ 250, General to Noxious Weed $ 55, General to Purchasing $ 70, General to Fleet Services $ 557, State Grant-Juvenile Justice to General $ 74, Landfill to Landfill Bond Surplus $ 500, Inheritance Tax to General $ 500, Ayes: Public hearing having been held, Boyd resolved, seconded by Postlewait, to adopt a revision to Section 37A (Wireless Tower Regulations) of the Sarpy County Zoning Ordinances, as recommended by the Sarpy County Planning Commission; subject revision being attached as Exhibit A to the resolution identified as Section 37A.10 with subsection 37A This revision having been approved by action of this Board on 09/10/02. Ayes: Postlewait, Gay, Boyd, Doyle & Schram. Nays: Resolved by Boyd, seconded by Postlewait, to approve the plans and specifications submitted by Sanitary and Improvement District No. 234, Hillview, Grading, Storm and Sanitary Sewers and Paving, pursuant to Neb. Rev. Stat (Reissue 1998), as recommended by the Sarpy County Chief Deputy Surveyor. Ayes: Postlewait, Gay, Boyd, Doyle & Schram. Nays: Boyd moved, seconded by Postlewait, to authorize the Chairman to sign the Certification to the Board of Public Roads Classifications and Standards for the period beginning 07/01/2001 and ending 06/30/2002 as prepared by the Sarpy County Surveyor/Highway Department. Ayes: Resolved by Boyd, seconded by Postlewait, to approve the recommendation of the Sarpy County Surveyor/Engineer for placing of "Stop signs at an intersection in S.I.D. #85 (Quail Creek, Sarpy County) as indicated on the location plan attached to the resolution. S.I.D. #85 shall take such steps to post appropriate signs according to the Manual on Uniform Traffic Control Devices. Ayes: Resolved by Boyd, seconded by Postlewait, to approve the recommendation of the Sarpy County Surveyor/Engineer for placing of "Stop signs at an intersection in S.I.D. #112 (Leawood Oaks III, Sarpy County) as indicated on the location plan attached to the resolution. S.I.D #112 shall take such steps to post appropriate signs according to the Manual on Uniform Traffic Control Devices. Ayes:

3 Resolved by Boyd, seconded by Postlewait, to authorize the Chairman and County Clerk to sign Supplemental Agreement No. 1 with the Nebraska Department of Roads for Federal Aid Bridge Replacement & State Aid Program Agreement Project No. BRS-3770(2), Springfield North, bridge replacement at 143 rd and Platteview Road, Sarpy County, NE, original agreement having been approved by Sarpy County on 06/18/96. Ayes: Postlewait, Gay, Boyd, Doyle & Schram. Nays: REGULAR AGENDA: Public hearing having been held, Doyle resolved, seconded by Postlewait, to adopt a revision to Section 33 (Planned Development District) of the Sarpy County Zoning Ordinances, subject revision being attached as Exhibit A to the resolution identified as Section 33 with subsection This revision having been approved by action of this Board on 09/10/02. Ayes: As advertised, a public hearing was held for the purpose of creating and appropriating funds for the State Grant-Oil Collection fund. No public comments were offered. Resolved by Schram, seconded by Doyle, that the State Grant-Oil Collection fund is created and $124,850 is hereby appropriated within the Sarpy County 2003 FY budget. Sarpy County has previously approved the implementation of the Nebraska Used Oil Collection and Reuse Program for Sarpy County (1/22/02) but the state funding was awarded after the budget adoption. Ayes: Lois Spethman, County Purchaser, reported that bids for Purchase of Portable Voting Booths for the Sarpy County Election Office have been solicited, made, opened and reviewed pursuant to Board authorization. After a public hearing, Schram resolved, seconded by Boyd, that the low bid of Election Data Direct, Inc. for Portable Voting Booths for Sarpy County in the amount of $11, is accepted, per written and oral recommendation of the Purchasing Department, and this Board's Chairman, Clerk and Attorney are authorized to execute necessary documents. Ayes: Schram moved, seconded by Doyle, to sit as a Board of Equalization. Ayes: Postlewait, Gay, Boyd, Doyle & Schram. Nays: Boyd moved, seconded by Postlewait, to approve the following Tax Corrections as approved by the County Assessor: # # Ayes: Schram moved, seconded by Boyd, to accept the Sarpy County Assessor's recommendation to deny the protest of Ms. Mary K. Knudtson, Lot 165, Faulkland Heights, based on the Notice of Rejection of Homestead Exemption (Form 458R) whereon the Assessor states physician s certification does not indicate the applicant meets the statutory requirements. Could not get the physician s certification marked after several requests. Ayes: Postlewait, Gay, Boyd, Doyle & Schram. Nays: Doyle moved, seconded by Postlewait, to approve the following exemption applications for 2002 tax exemption on motor vehicles owned by qualifying non-profit organizations, as approved by the County Treasurer: Bellevue University 1993 Tandem 16' Trlr Ford E350XL 1995 Ford Contour 1996 Pace Am. Cargo Trlr Ford Superclub 1998 Chevrolet Astro Van 1999 Chevrolet G10 Van Chevrolet G10 Van 2001 Chevrolet Malibu 2001 Chevrolet G10 Van 2001 Pace Am. Trailer 2001 Chevrolet Van 2002 Toyota Corolla 2002 Silverado LF Pickup 2002 Chevy G Toyota Corolla Pilgrim Lutheran Church 1999 Ford 15 psgr. Bellevue Senior Citizen 1994 Ford Bus Promised Seed Ministries 1998 Chevrolet Van 1500 Sisters of Mercy 1999 Chevrolet Cavalier The Salvation Army 2000 Chevrolet Sport Van 2001 Chevrolet Sport Van 2001 Chevrolet Caravan Ayes:

4 Schram moved, seconded by Doyle, to return to regular session. Ayes: Postlewait, Gay, Boyd, Doyle & Schram. Nays: ZONING ACTIONS: Resolved by Schram, seconded by Postlewait, that the application of Nextel Partners Inc. for a Special Use Permit to build a 190' cellular tower on the following described property, to wit: Lot 22, Lite Industrial Condo Park, a subdivision in Sarpy County, Nebraska (177th & Storage Rd.) be approved as long as the applicant (Nextel) holds the lease. Ayes: Resolved by Postlewait, seconded by Schram, that the application of Larry G. and Judith A. Kersten, for a Change of Zone from AG to IL on the following described property, to wit: Tax Lot 1A1B located in Sec.18, Twp 13N, Rng 11E of the 6 th P.M., Sarpy County, Nebraska (204th & Platteview Rd.) be approved on the modified application (being that part of Tax Lot 1A1B lying south of Tax Lot 1B) as it meets the Sarpy County Comprehensive Plan for land use. Ayes: Schram moved, seconded by Postlewait, to amend the Sarpy County Comprehensive Development Plan by changing the following described property from Residential High to Commercial/Industrial because it is compatible with the area: Being a platting of part of the NW 1/4 of Sec. 20, Twp. 14N. Rng. 11E of the 6th P.M., Sarpy County, NE (192 nd & Giles Road). Ayes: See Resolution dated 10/15/02, Comm. Bk. 21, pg. 125 Resolved by Postlewait, seconded by Schram, that the application of Matt and Tracy Hawkins (Thomas Hurst, owner), for a Change of Zone from AG to IL on the following described property, to wit: Being a platting of part of the NW 1/4 of Sec. 20, Twp. 14N, Rng. 11E of the 6 th P.M., Sarpy County, Nebraska (192nd & Giles Rd.) be approved as it complies with the amended Sarpy County Comprehensive Plan. Ayes: Resolved by Schram, seconded by Postlewait, that the application of Matt and Tracy Hawkins (Thomas Hurst, owner), for a Preliminary/Final Plat of a subdivision to be known as Hawkin s 1 st Addition on the following described property, to wit: Being a platting of part of the NW1/4 of Sec. 20, Twp. 14N, Rng. 11E of the 6th P.M., Sarpy County, NE (192 ND & Giles Rd.) be approved as it meets the Sarpy County Subdivision Regulations. Ayes: Postlewait, Gay, Boyd, Doyle & Schram. Nays: None Resolved by Boyd, seconded by Postlewait, that the application of Dowd Grain Co., Inc. & HearthStone Homes, Inc., for a Change of Zone from AG to RD-50PD, RG25 & BG on the following described property, to wit: Being a platting of the SE 1/4 of Sec 15, Twp 14N, Rng 11E of the 6 th P.M., Sarpy County, Nebraska (NW corner of 156 th & Giles Rd.) be approved as it meets the Sarpy County Comprehensive Plan. Ayes: Resolved by Boyd, seconded by Postlewait, that the application of Dowd Grain Co., Inc. & Hearthstone Homes, Inc., for a Preliminary Plat of a subdivision to be known as Springhill on the following described property, to wit: Being a platting of the SE 1/4 of Sec 15, Twp 14N, Rng 11E of the 6 th P.M., Sarpy County, Nebraska (NW corner of 156 th & Giles Rd.) be approved as it meets the Sarpy County Subdivision Regulations, Comprehensive Plan and the new Zoning Regulations for a Planned Development. Ayes: Postlewait, Gay, Boyd, Doyle & Schram. Nays: None Schram moved, seconded by Doyle, to approve the following Flood Plain Permit as recommended by the Building Inspector: Tim Adams, Iris Cir., Lot 130, Hanson s Lake, Platte River, detached garage 24' x 24'. Ayes: Postlewait, Gay, Boyd, Doyle & Schram. Nays: Postlewait moved, seconded by Boyd, to approve the following Flood Plain Permit as recommended by the Building Inspector: Blake Construction, 1810 Park Cir., Lots 225 & 228B, Hanson s Lake, Platte River, raise dwelling & build addition. Ayes: Postlewait moved, seconded by Doyle, to approve the following Flood Plain Permit as recommended by the Building Inspector: Rob Morse, Lakewood Dr., Lot 36, Hanson s Lake, Platte River, addition. Ayes: Postlewait, Gay, Boyd, Doyle & Schram. Nays: Resolved by Schram, seconded by Doyle, to authorize the Chairman and County Clerk to sign the Addendum to Contract with Nebraska Humane Society which extends the Contract to 10/31/04, and amends the existing agreement concerning animal control services, which among other things alters the manner in which the Nebraska Humane Society is compensated under said agreement. Subject addendum amends the contract award to Nebraska Humane Society approved by this Board on 08/22/00 and signed on 09/13/00. Ayes:

5 The September, 2002 fee reports of the Landfill Dept. ($344,409.32), Clerk of the District Court ($9,722.13), and Juvenile Court ($1,680.00) were presented and placed on file. At 4:03 P.M. Schram moved, seconded by Doyle, to adjourn until October 15, 2002 at 3:00 P.M. Ayes: Postlewait, Gay, Boyd, Doyle & Schram. Nays: \s\ Tim Gay Chairman, Board of County Commissioners ATTEST: \s\ Debra J. Houghtaling County Clerk