PUBLIC HEARINGS


3	IN RE:  DRAFT ENVIRONMENTAL

 	IMPACT STATEMENT AND DRAFT

4	SECTION 4 (F) STATEMENT

5	SOUTH AND EAST BELTWAYS,

	LINCOLN, NEBRASKA

6	PROJE CT NO. DPU-3300(1)

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12	Hearings held April 23 and 24, 2001, at the 

	Lincoln Berean Church, 6400 S. 70th Street,

13	Hearing Room 2, Lincoln, Nebraska

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16				A  P  P  E  A  R  A  N  C  E  S

17	HEARING OFFICER:			MR. PAUL H. LADEHOFF, J.D.

							Program Coordinator
18							The Mediation Center

							1120 K Street, Suite 200

19							Lincoln, NE 68508

20	WITNESS:				MS. JOAN HILL

							10455 Pioneers Boulevard
21							Lincoln, NE

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	J. SUE WURM, RDR, JS WURM & ASSOCIATES, (402) 475 - DEPO

1			(At 2:30 p.m. on April 23, 2001, with

2	Hearing Officer Ladehoff, Witness Joan Till and

3	the court reporter being present, the following 

4	testimony was given:)

5			HEARING OFFICER LADEHOFF:  We are here 

6	to receive your comments and thoughts on the Draft

7	Environmental Impact Statement regarding the

8	Beltways.

9			JOAN TILL:  Right.

10			HEARING OFFICER LADEHOFF:  And you have

11	a couple of options on how you can offer, you

12	know, your thoughts, your concerns:  Oral, and we

13	are here today to do that.  And anything that you 

14	would say will be taken down as demonstrated here.

15			You can also submit written testimony,

16	and you can do both.

17			JOAN TILL:  Okay.

18			HEARING OFFICER LADEHOFF:  So if you 

19	give testimony here today, you don't foreclose

20	giving written testimony.

21			JOAN TILL:  So if I get home and I

22	forgot --

23			HEARING OFFICER LADEHOFF:  So you've got

24	until May 14 to offer written testimony.  And if

25	you pick up one of these white sheets - - and I see

	J. SUE WURM, RDR, JS WURM & ASSOCIATES, (402) 475-DEPO   

1	that you've got one.

2			JOAN TILL:  I've got two.

3			HEARING OFFICER LADEHOFF:  - - that's got

4	the address where you need to send them by the

5	14th.

6			I want to know that the oral and

7	written testimony receive equal weight in the

8	consideration, so if you forget something that you

9	wanted to say today and then submit it by written

10	testimony, it will receive the same consideration.

11			JOAN TILL:  And who is going to hear

12	this?

13			HEARING OFFICER LADEHOFF:  This is being

14	recorded for use with the South and East Beltway

15	study team.

16			JOAN TILL:  So HWS?

17			HEARING OFFICER LADEHOFF:  Yes, HWS.

18			JOAN TILL:  This is not going to go to 

19	the City/County officials?

20			HEARING OFFICER LADEHOFF:  No, this will

21	go - - what we are doing here, your comments will

22	then be used to revise the Draft Environmental

23	Impact Statement and come up with the final

24	report, and every - - all the comments we hear will

25	be addressed.

	J. SUE WURM, RDR, JS WURM & ASSOCIATES, (402) 475-DEPO

1			JOAN TILL:  I was just talking to Mike

2	Gorman upstairs and he told me to come down here.

3			HEARING OFFICER LADEHOFF:  Oh, sure,

4	because that feeds into the process, because once

5	the report then is final, then in June there will

6	be a couple of hearings in front of the

7	City/County Planning Commission and the County

8	Board and the City Council.  The Planning

9	Commission will be the first, and that will also

10	be a chance, then, for folks to come in and offer

11	testimony, offer also their comments at that time.

12			JOAN TILL:  Okay.  Okay.

13			HEARING OFFICER LADEHOFF:  Now, this

14	will go to HWS for purpose of, you know, exacting

15	and revising - - possibly revising the

16	environmental impact statement, but won't - - I'm

17	not sure if it will go to the city and county

18	decision-makers.

19			JOAN TILL:  See, most of my comments I 

20	wish were not - - well, I don't care where they go.

21	Obviously I have said the same thing to Mike

22	Gorman upstairs, but most of what I have to say is

23	not going to carry as much impact on  him as it

24	would somebody else because we vocalized these

25	things to them before and got nowhere.  Is that

J. SUE WURM, RDR, JS WURM & ASSOCIATES, (402) 475-DEPO

1	going to go down, I hope?

2			HEARING OFFICER LADEHOFF:  Yes.

3	Everything that you and I are saying is going to

4	be transcribed and written down.

5			Let me just make a couple more comments.

6			Okay.  You said that you were upstairs

7	so you know that if you have questions and those

8	kinds of things that you can go up there.

9			JOAN TILL:  They don't answer the

10	questions. 

11			HEARING OFFICER LADEHOFF:  And I'm not

12	able to, because my role here - - I'm not connected 

13	with the study team.  I'm a neutral - - and so I

14	won't - - if you did have questions, I wouldn't be

15	able to answer and would have to direct you

16	upstairs, where you have just come from.

17			JOAN TILL:  And the reporter lady heard

18	me yelling upstairs and followed me downstairs.

19			HEARING OFFICER LADEHOFF:  So when we do 

20	start, I'm going to ask you to introduce yourself

21	for the court reporter.

22			JOAN TILL:  As long as I don't have to

23	give my age or weight, I am fine.

24			HEARING OFFICER LADEHOFF:  We would like

25	you to spell your last name.

J. SUE WURM, RDR, JS WURM & ASSOCIATES, (402) 475-DEPO

1			JOAN TILL:  I can do that.

2			HEARING OFFICER LADEHOFF:  And if you

3	are speaking for a group, indicate that as well.

4			So if you don't have any questions, we 

5	can begin any time you are ready.

6			JOAN TILL:  I am fine as long as you can

7	edit or I can edit as I'm speaking, because much

8	of this was provoked by what I heard upstairs.

9	Some of it I was concerned about before I got here

10	but much - - some of it was provoked by what I 

11	heard upstairs.

12			My name is it Joan Till, T-i-l-l.  Where

13	I live?

14			HEARING OFFICER LADEHOFF:  If you have

15	given that information in the signup sheet, you

16	don't have to give it again.

17			JOAN TILL:  When I came here I had two

18	major questions about the process that this has

19	gone through:

20			The first one is that I do now know how

21	many votes by a duly elected body can be ignored

22	or neglected until they get the vote that they

23	want.  The commons took a vote in June of 1997

24	that eliminated the East-Close Beltway, which is 

25	the one I live on.  We were never notified that

	J. SUE WURM, RDR, JS WURM & ASSOCIATES, (402) 475-DEPO

1	there was another vote taken, and as far as I know

2	there was not another vote taken.  I think this is

3	against any parliamentary procedure that I have 

4	ever heard of.

5			In order to add a beltway or a corridor,

6	anything back into procedure, you've got to have a

7	motion, second and revote.  This has never been

8	done.  There was a second vote taken in December

9	of 1998 in which the Far Beltway was considered

10	the major route.

11			Now, as far as we know there have been

12	no other votes taken until we were informed that

13	in June of this year there is going to be another 

14	vote taken.

15			It was my contention that the first two

16	votes should be considered legal; that if nothing

17	in these environmental, historical, archeological 

18	studies alter those votes - - and as far as we've

19	been told by HWS, they have not changed any of 

20	their feelings - - that those votes should be legal

21	and binding, and if not, we should be informed of

22	the same.

23			That brings up the second problem that

24	occurred when we were upstairs:  That they never

25	notified us that we were put back into the beltway

	J. SUE WURM, RDR WURM & ASSOCIATES, (402) 475-DEPO

1	study.  The historical, the archeological and the

2	environmental studies have all been done without

3	anybody on the East-Close Beltway being notified

4	that we were officially being studied again.  We

5	could read it in the newspaper, which is how we

6	found out about it.  We talked to Mr. Roger Figard

7	who told us that it was just a technicality; that

8	the federal government had asked us that we be

9	included in the study, but we were not under any

10	active consideration for beltway - - as a beltway

11	corridor.  Therefore, a lot of people on the

12	East-Close Beltway never volunteered information.

13	All the historical forms went in the newspaper - -

14	in the wastebasket.  All the archeological forms

15	went in the wastebasket.  When my neighbor, who I 

16	went over and got - - Phyllis Spiedel - - to talk to

17	Roger Figard about this archeological finding that

18	she had on her property, which they have never

19	plowed, whatever, he said, "We don't want to hear

20	about it.  That's done and you are in only as 

21	another technicality."

22			So my contention is that the

23	archeological, the historical studies done on the

24	East-Close Beltway are totally inadequate.  If

25	they are really going to do a good study of those

	J. SUE WURM, RDR, JS WURM & ASSOCIATES, (402) 475-DEPO

1	two things, they should notify us again that we

2	are being studied and to everybody, please, you

3	know, put in information that you have.

4	               My other point of contention about the

5	studies is the environmental study which I just

6	found out about upstairs.  There are three homes

7	that are within a half mile of my home, and I'm on 

8	ground zero, I'm at 105th and Pioneer.  These

9	three homes are within half a mile of me.  None of

10	them are on the map, so how can you do an

11	environmental study when you don't know how many

12	houses you are going to affect?  It cannot be a

13	proper study or your findings cannot be considered

14	valid.

15			And he told me they are going to do

16	another environmental study after they select the

17	final route and that way they will know the exact

18	environmental impact.  I don't know how many you can 

19	pick a route, or let's put it this way:  How can 

20	you eliminate routes or pick a route when you

21	don't know an impact on the other two routes?

22	Okay.

23			I had one other question that I've

24	talked to the people at HWS about and they don't 

25	listen to me, but I'm going to say it anyway; that

	J. SUE WURM, RDR, JS WURM & ASSOCIATES, (402) 475-DEPO

1	I contend that there is really no reason for the

2	East Beltway as such.  I accept the fact that the

3	south Beltway is necessary.  We have the West and

4	we have Interstate 80 on the north.  The only

5	reason that anyone is going to use the East

6	Beltway is to go from Omaha to Lincoln or from

7	Lincoln to Omaha, and that can be accomplished by

8	widening - - and this would certainly help the

9	traffic within the city and out in the county - -

10	widening 40th, 48th, 56th, 70th, 84th, 98th, 

11	112th, 120th, 134th, 148th.  148th is paved and 

12	two lane.  That could be four lane because it

13	carries a lot of truck traffic, route traffic from

14	Plattsmouth.  Other than that there is no need for

15	an East Beltway, at least carrying north-south

16	traffic.  Anything else?

17			That's all I think I have.  If I think

18	of anything else, I will write it down.

19			And tell the gentleman that I took the

20	advice and came down and testified.

21			(Testimony concluded at 2:40 p.m.)

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J. SUE WURM, RDR, JS WURM & ASSOCIATES, (402) 475-DEPO

1				C  E  R  T  I  F  I  C  A  T  E

2	          I, J. Sue Wurm, Registered Diplomate

3	Reporter, do hereby certify that the within and

4	following complete transcript contains all the 

5	testimony requested to be transcribed by me and

6	the comments of the hearing officer, from the

7	public hearings held in this matter; and that said

8	complete transcript is a correct and complete

9	transcript of the testimony requested to be

10	transcribed from the record made at the time of

11	said public hearings. 

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13	             Dated this 23rd day of April, 2001.

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14  						J. Sue Wurm

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J. SUE WURM, RDR, JS WURM &B ASSOCIATES, (402) 475-DEPO
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