MINUTES OF THE MEETING OF THE BOARD OF PUBLIC WORKS OF THE CITY OF AUBURN, NEMAHA COUNTY, NEBRASKA
HELD NOVEMBER 14, 2011
THE BOARD OF PUBLIC WORKS OF THE CITY OF AUBURN, NEMAHA COUNTY, NEBRASKA (BPW), met in regular session on the 14th of November, 2011 at the regular meeting place of the Board at the hour of 12:00 p.m.  This meeting was held in open session as required by Chapter 84, Article 14 of Nebraska Statutes.
Chairman Hahn called the meeting to order and requested roll call:  Members present –Glenn, Hahn, Kubik, Snyder, & Wilson.
Chairman Hahn announced this was an open meeting and information about open meetings was posted on the north wall of the Board Room.
Chairman Hahn noted all Board Members have received a copy of the Agenda for this meeting.
General Manager (GM) Dave Hunter reported that the contractor Eriksen Construction had submitted to the Board a final payment request.  GM Hunter recommended denying payment to Eriksen Construction because copies of lien waivers from the subcontractors had not been received.  Member Snyder made a motion to deny the payment request to Eriksen Construction.  Member Glenn seconded the motion.  Roll call:  those voting aye – Glenn, Hahn, Kubik, Snyder, & Wilson.  Chairman Hahn declared the motion carried.  
GM Hunter reported that the lift stations project was completed.  GM Hunter also provided the Board with a synapsis of the lift stations that were in use in Auburn.  GM Hunter recommended approving the pay request from TJ Osborn in the amount of $57,959.20.  Member Snyder made a motion to approve the payment request of $57,959.20 to TJ Osborn.  Member Wilson seconded the motion.  Roll call:  those voting aye – Glenn, Hahn, Kubik, Snyder, & Wilson.  Chairman Hahn declared the motion carried.
GM Hunter presented the Board with an amendment to the Board of Public Works and City of Auburn Pension plan that would allow employees to invest in a Roth 457 Plan.  There was also an amended document for the 457 plan offered by the Board of Public Works and City of Auburn.  Member Glenn made a motion to approve the Roth 457 and the amended 457 plan document.  Member Snyder seconded the motion.  Roll call:  those voting aye – Glenn, Hahn, Kubik, Snyder, & Wilson.  Chairman Hahn declared the motion carried.
GM Hunter presented to the Board an Engineering Agreement from Olsson Associates for the RICE compliance that would set the cap for the Engineering Fee on the project at $30,000.  Member Snyder made a motion to approve the agreement.  Member Kubik seconded the motion.  Roll call:  those voting aye – Glenn, Hahn, Kubik, Snyder, & Wilson.  Chairman Hahn declared the motion carried.
An Engineering Agreement from JEO was submitted to the Board for their approval.  This would set the Engineering Fee on the Highway 136 Water and Sewer Improvement at $12,500.00.  Member Glenn made a motion to approve the agreement.  Member Snyder seconded the motion.  Roll call:  those voting aye – Glenn, Hahn, Kubik, Snyder, & Wilson.  Chairman Hahn declared the motion carried.
GM Hunter updated the Board on providing a Water Operator to the City of Peru.  It was stated that it was working well and the number of times the BPW was required to flush the filters at Peru had been reduced due to some leaks being fixed.  GM Hunter presented an Agreement with the City of Peru to provide a water operator that was good through the end of the year.  Member Kubik made a motion to approve the agreement.  Member Snyder seconded the motion.  Roll call:  those voting aye – Glenn, Hahn, Kubik, Snyder, & Wilson.  Chairman Hahn declared the motion carried.
Member Wilson requested that a discussion be held regarding charging water and sewer on vacant properties.  After much discussion, GM Hunter was to provide back to the Board information regarding charging these capacity fees at the next meeting of the Board.
GM Hunter presented the Board with the proposal for the Electric Rates for 2012.  These fees would go into effect with the January 2012 usages.  The rate increase included the increase in wholesale power costs being handed down by NPPD.  Member Snyder made a motion to approve the rates for 2012.  Member Kubik seconded the motion.  Roll call:  those voting aye – Glenn, Hahn, Kubik, Snyder, & Wilson.  Chairman Hahn declared the motion carried.
GM Hunter presented the Board with the proposed Schedule of Fees for 2012.  After much discussion, Member Snyder made a motion to approve the Schedule of Fees for 2012.  Member Kubik seconded the motion.  
Accounting & Finance Manager (AFM) Melissa Sierks presented to the Board options for the inserter / stuffer that BPW staff utilized to mail the monthly billing statements to BPW customers.  It was AFM Sierks’ recommendation that the Board approve the maintenance agreement on the current machine at a cost of $2,057.86 for the current renewal period.  Member Glenn made a motion to approve payment of the maintenance agreement with Pitney Bowes for $2,057.86.  Member Snyder seconded the motion.  Roll call:  those voting aye – Glenn, Hahn, Kubik, Snyder, & Wilson.  Chairman Hahn declared the motion carried.
GM Hunter requested the Boards permission to spend up to $10,000 to replace the air compressor that BPW staff used that had quit working.  GM Hunter recommended being allowed to look at used air compressors and purchase one that met the needs of staff.  Member Snyder made a motion to approve GM Hunter spending up to $10,000 to purchase a used air compressor.  Member Kubik seconded the motion.  Roll call:  those voting aye – Glenn, Hahn, Kubik, Snyder, & Wilson.  Chairman Hahn declared the motion carried.
AFM Sierks requested the Board’s approval for $520.00 or $20 per employee for the purchase of Chamber Bucks for the employees to use to purchase a holiday turkey or ham.  In the past, $15 has been provided on a yearly basis for such purposes.  After discussion, Member Glenn made a motion to approve $25 per employee in Chamber Bucks for the purchase of a holiday meal.  Member Kubik seconded the motion.  Roll call:  those voting aye – Glenn, Hahn, Kubik, Snyder, & Wilson.  Chairman Hahn declared the motion carried.
GM Hunter presented the Board with the winning bid for the utility shed in the amount of $201.00 to Alan Slater and asked the Board to approve awarding the utility shed to Mr. Slater.  Member Snyder made a motion to accept the winning bid of $201.00 from Alan Slater.  Member Kubik seconded the motion.  Roll call:  those voting aye – Glenn, Hahn, Kubik, Snyder, & Wilson.  Chairman Hahn declared the motion carried.
On Financial:  AFM Sierks reported that the following CD’s are maturing in November:  16304 CNB.  
Chairman Hahn asked for any objections or exceptions to the General Consent Items listed under Agenda Item #19.  Motion was moved by Member Snyder, seconded by Member Glenn, the Board approve the General Consent Items listed below:
a)    Approve the previous meeting’s minutes and dispense with reading of same,
b)    Approve monthly compensation of officers, management and employees as previously fixed by the Board,
c)    Approve, ratify and allow the following checks written/transfers during the month:
Checks Written During the Month of October 2011:
Nebraska Public Power District
267,541.62
Nebraska Department of Revenue            27,761.07
Constellation Energy    693.72
Windstream    439.76
Whitham, Michael    283.82
Hance, Leo D    273.89
St Clair, Alicia    238.99
Tackett, Michael    235.15
Kopf, Christina    208.48
Nebraska State Treasurer    199.72
Cummins, Josie    159.28
Hammer, Robert    156.96
Smith, Amanda    47.21
Lauber, Mary    30.00
TekCollect    30.00

Approve the following claims submitted for payment:
Action Technology    788.04
American Fence    121.57
American Safety    199.72
American Recycling    74.00
AWWA    295.00
Black Hills Energy    50.00
Chamber Of Commerce    520.00
County Publications    1,336.49
Postmaster    1,510.00
Vision Metering    2,635.00
Baird Holm    2,353.05
Beard’s Salvage    246.76
BPW    14,556.81
Bohl Plumbing    329.09
Bulldog Auto Parts    398.00
Caselle    3,540.00
Cintas    1,068.07
City Of Auburn    7,431.20
D.R. Thomas    334.43
Concrete Industries    1,086.49
Dugan Business Forms    994.77
Dutton-Lainson Co.    3,813.72
Eggers Bros    80.51
Eriksen Construction    48,515.68
Credit Bureau of Council Bluffs    104.00
AFHC    469.00
First Bank Card Center    2,792.16
First National Bank    10.00
Fleet Services    3,290.22
General Fire & Safety    76.75
Glenn’s Corner Market    367.33
W.W. Grainger    46.97
Great Plains One-call    96.71
Hall’s Safety    325.60
Hawkins    772.02
DHHS    509.00
HDR Engineering    30,506.28
Husker Electric    2,831.21
Kriz-Davis    6,337.03
LARM    103,338.00
LONM    510.00
Lincoln Winwater    42.60
Lynch Hardware    32.98
McMaster-Carr Supply    45.77
Marc    206.07
Meyer-Earp    76.76
Mike’s Window Service    10.65
Municipal Supply    5,802.41
NPPD    178,730.84
Nemaha County Clerk    63.50
Muse, Ferida M.    200.17
OPPD    8,820.62
Orscheln    430.61
Pamida    111.92
Pitney Bowes    2,057.86
Sack Lumber    304.35
Southeast Design    97.98
Sunmart    316.70
U S A Blue Book    134.07
US Cellular    162.01
UPS    100.00
Utility Solutions    2,165.06
Water Engineering    418.37
WAPA    28,798.47
Kurt A. and Kimberly A. Knippelmier    109.63
Windstream    112.22
Billings, John    59.23
Witte, Allen    61.69
Meyer Dennis    57.50
Flowers Plus    33.00
Hoak, Cad    426.00
Liberty Flag    49.70
CSS - Energy Care    87.91
Capital Business    186.17
TekCollect    65.06
T J Osborn Construction    57,959.20
Patton Equipment    764.88
Cretex Midwest    625.00
Hoak, Mike    590.00
Pelican Meat Processing    87.17
Westover Rock    719.21
JCI Industries    250.28
NSAWWA    250.00
University of Nebraska    165.00
Smith, Matthew    45.00
Falks, Kirk    31.00
Transfer funds from E-W-WW Revenue funds into checking for expenses, plus the routine interdepartmental transfers to T&D.
Transfer of $551,000 to Checking from Revenue
d) Approve Free Service Report for furnishing utilities, materials, equipment, inspections and labor to the city free of charge and in lieu of tax payments to the city for the month of October 2011 in the amount of $10,528.17.
Roll call:  those voting aye – Glenn, Hahn, Kubik, Snyder, & Wilson.  Chairman Hahn declared the motion carried.
Motion was moved by Member Snyder, seconded by Member Snyder, the Board approve the claim of Glenn’s Corner Market - $367.33.  Roll call: those voting aye – Hahn, Kubik, Snyder, & Wilson.  Member Glenn abstained.  Chairman Hahn declared the motion carried.
Reports:
Energy Fest / Filbrandt Retirement
Employee Appreciation Dinner
Black Hills Gas Transportation Contract
NPPD Emission Compliance
NPPD Sub Transmission Fees
Water / Waste Water
Electrical Department
Radio Read Meters
There being no further business to come before the Board, motion was moved by Member Snyder the Board adjourn to the next regular Board Meeting to be held December 12, 2011 at the hour of 12:00 p.m. at the regular meeting place of the Board.  Member Glenn seconded the motion.  Roll call:  those voting aye – Glenn, Hahn, Kubik, Snyder & Wilson.  Chairman Hahn declared the motion carried.   Chairman Hahn declared the meeting adjourned.  Agenda items will be posted.
Dick Hahn, Jr., Chairman
ATTEST:
Doug C. Glenn, Secretary
CERTIFICATE
I, Melissa Ann Sierks, Notary Public for the State of Nebraska, do hereby certify the attached and foregoing minutes is a true, correct and conformed copy of proceedings had and done by the Board of Public Works at their November 14, 2011 meeting; all of the subjects acted upon in the foregoing proceedings were contained in the agenda for the meeting, kept continually current and available for public inspection at the Office of the Board; such subjects were contained in the agenda for at least twenty-four hours prior to said meeting; at least one copy of all reproducible material discussed at the meeting was available at the meeting for examination and copying by members of the public; the said minutes were in written form and available for public inspection within ten working days and prior to the next convened meeting of said body, all in accordance with Chapter 84, Article 14 of Nebraska Statutes.        
Melissa Ann Sierks, Notary Public in and for the State of Nebraska.    
My Commission Expires June 15, 2014.
Herald - 29




NOTICE OF TRUSTEE’S SALE
For default in the payment of debt secured by a deed of trust executed by Jerry L. Chubick and Dee. A. Chubick, dated March 30, 2001, and recorded on April 9, 2001, in Book No. 146, at Page 125 in the Office of the Recorder of Deeds, Nemaha County, Nebraska, the undersigned Successor Trustee will on January 31, 2012, at 10:00 AM, at the main level lobby of the Nemaha County, Courthouse, Auburn, Nebraska, sell at public vendue to the highest bidder for cash:
The South Half (S 1/2) of Lots One (1) and Two (2) in Block Sixteen (16) in HOWE, NIXON AND WILLSON’S ADDITION to Auburn, Nemaha County, Nebraska, commonly known as 1512 J Street, Auburn, NE 68305
subject to all prior easements, restrictions, reservations, covenants and encumbrances now of records, if any, to satisfy the debt and costs.
Edward Brink, Successor Trustee
First Publication: December 22, 2011
NOTICE
Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692c(b), no information concerning the collection of this debt may be given without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction. The debt collector is attempting to collect a debt and any information obtained will be used for that purpose (No. 132376). For more information, visit www.southlaw.com.
Herald - Dec. 22, 29, Jan. 5, 12, 19




Notice of Trustee`s Sale
The following described property will be sold at public auction to the highest bidder on 01/23/2012, at 10:00 a.m. at the East front door of the Nemaha County Courthouse, 1824 N Street, Auburn, NE 68305:
THE FOLLOWING DESCRIBED REAL ESTATE, (AS DEFINED IN NEB. REV. STAT. 76-201):
LOTS ELEVEN (11) AND TWELVE (12), BLOCK ONE HUNDRED SEVENTY-THREE (173) IN NEAL`S ADDITION TO PERU, NEMAHA COUNTY, NEBRASKA.
All subject to any and all:  (1) real estate taxes, (2) special assessments, (3) easements, covenants, restrictions, ordinances, and resolutions of record which affect the property, and (4) unpaid water bills,  (5) prior mortgages and trust deed of record and (6) ground leases of record.  The purchaser is responsible for all fees or taxes.  This sale is made without any warranties as to title or condition of the property.
By: Erika Knapstein, Trustee, NSBA# 24088
Kozeny & McCubbin, LC
12400 Olive Blvd., Suite 555
St. Louis, MO 63141
(314) 991-0255
First Publication 12/15/2011 , final 01/12/2012
Published in the Nemaha County Herald
K&M Filename: SHESHNO2    
THIS FIRM IS A DEBT COLLECTOR AND ANY INFORMATION WE OBTAIN FROM YOU   WILL BE USED FOR THAT PURPOSE.
Herald - Dec. 15, 22, 29, Jan. 5, 12




File No: 11-0203
Notice of Foreclosure Sale of Real Estate
Date of Sale: February 9, 2012 Time of Sale: 10:00 am Place of Sale: Front Steps of Nemaha County Courthouse 1824 N. Street Auburn, NE 68305 Name, Address and Phone Number of Person Who Will Conduct This Sale: Mark Malousek 1904 Farnam Street, 200 Omaha, NE 68102 402-341-9931 This is not a republication of a previous sale caused by a cancellation of payment. All words and phrases that are underlined herein are defined in the attached Identifying Data of Mortgage or Deed of Trust. Directions may be obtained pursuant to a written request submitted to the undersigned. Pursuant To The Power Of Sale In The Mortgage Or Deed Of Trust Being Foreclosed, And Because Of The Defaults Causing Foreclosure, The Real Estate Will Be Sold At Public Auction Without Warranties Or Guarantees On The Date, Time And Place Stated. Your Interest In The Real Estate May Be Terminated By This Sale. The Mortgage Or Deed Of Trust Being Foreclosed Is In Default. Unless You Take Action To Protect Your Interest In The Real Estate, It May Be Sold At Public Sale. If You Need An Explanation Of The Nature Of This Proceeding Against You, You Should Contact A Lawyer. /s/ Philip M. Kleinsmith Attorney for Present Mortgagee(s) and/or Substitute Trustee Nebraska Attorney Registration No. 18991 6035 Erin Park Dr., Ste. 203 Colorado Springs, CO 80918 1-800-842-8417 Acknowledged, subscribed and sworn to as true before me on December 21, 2011, by Philip M. Kleinsmith at Colo. Sprgs., Colorado. Witness my hand and official seal. My commission expires: 09/09/2012 /s/ Ashley D. Kirkbride Notary Public Identifying Data of Debt, the Mortgage and the Property The Debt: Present Mortgagee (name & address) :Deutsche Bank National Trust Company, as Trustee, for Carrington Mortgage Loan Trust, Series 2005-NC3 Asset-Backed Pass-Through Certificates by Carrington Mortgage Services, LLC as its Attorney-in-Fact  Date of Debt: April 15, 2005 Original Principal Balance:204,000.00 Defaults Causing Foreclosure: Non-Payment of Periodic Payments since: 3/1/2011 Present Principal Balance: $ 217,380.04 Daily Interest: $35.73 Estimated Attorneys Fees: $ 500.00 The Present Value of the Property is Unknown Other Estimated Costs: $ 1,800.00 Estimated Total Due: $ 219,680.04 The Mortgage: (Mortgage, Deed of Trust, or Trust Indenture and/or Security Agreement/Financing Statement Being Foreclosed Per Real Estate Records of County Where Property is Located or other records where Collateral Instrument filed) : Date of Mortgage and/or Security Agreement/Financing Statement: April 15, 2005 Date Recorded and/or Filed:April 13, 2005 Recording Data: 05-0141 Original Trustee (name & address) or N/A First American Title Insurance, Co. Original Mortgagee(s), Beneficiary(ies) or Secured Party(ies) (name & address) : New Century Mortgage Corporation Present Trustee (name, address & phone) or N/A: Philip M. Kleinsmith 6035 Erin Park Drive, Suite 201 Colorado Springs, CO 80918 Present Mortgagee: See above Maker(s), Assumer(s), Guarantor(s) (name(s) & address(es)): Steven Westenburg and Sondra Westenburg RR1 Box 720 Auburn, NE 68305 Mortgagor(s)/Grantor(s) name(s) & address(es)): Steven Westenburg and Sondra Westenburg RR1 Box 720 Auburn, NE 68305 Present Owner(s) of The Property name(s) & address(es)): Steven Westenburg and Sondra Westenburg RR1 Box 720 Auburn, NE 68305 The Property: (Mortgaged Property or Trust Property or Property): Assessor’s Tax Parcel #: 640072585 Common Description:RR1 Box 720, Auburn, NE 68305 Legal Description: See Attached Exhibit “A” Mobile or Manufactured Home or Other Collateral: Common Description: None Known Legal Description: None Known Exhibit “A” – Legal Description A tract of land out of and a part of the Northeast Quarter (NE 1/4) of Section 22, Township 5 North, Range 13 east of the 6th P.M., in Nemaha County, Nebraska, being more particularly described as follows: Commencing at the Northeast corner of said Section 22; thence South 00 degrees 00’ 32” East along the East line of said Section 22 a distance of 371.84 feet to the point of beginning; thence continuing South 00 degrees 08’ 32” East along the East line of said Section 22 a distance of 141.88 feet; thence South 89 degrees 51’ 28” West a distance of 582.21 feet; thence North 00 degrees 08’ 32” West a distance of 109 feet; thence North 51 degrees 49’ 30” East a distance of 237.49 feet; thence South 57 degrees 14’ 14” East a distance of 208.81 feet to the East line of said Section 22 and the point of beginning, containing in all 1.58 acres, subject to easements and restrictions of record.
Herald - Dec. 29, Jan. 5, 12, 19, 26
NOTICE OF TRUSTEE’S SALE
TO WHOM IT MAY CONCERN:
You are hereby notified that pursuant to a power of sale contained in the deed of trust in the original principal amount of $51,200.00 executed by Anthony A. Johnston as Trustor; and filed for record on February 6, 2007, recorded in Book No. 172 of Mortgages, Page 655 to 657 in the public records of Nemaha County, Nebraska, the property described below will be sold by the undersigned at public auction to the highest bidder for cash or certified or cashier’s check, at the East front door of the Nemaha County Courthouse, 1824 N Street, Auburn, Nemaha County, Nebraska, at 10:00 a.m. on February 14, 2012.
Lot Four (4), Block Twenty Three (23) in Howe and Nixon’s Addition to Auburn, Nemaha County, Nebraska;
The highest bidder is required to deliver cash or certified funds to the undersigned by the close of business on the day of sale, except this requirement is waived when the highest bidder is the beneficiary. The purchaser is responsible for all fees or taxes, including the documentary stamp tax. This sale is made without any warranties as to title or condition of the property.
James H. Cain
Successor Trustee
1920 O Street
Auburn, NE 68305
(402) 274-3938
Herald - Dec. 29, Jan. 5, 12, 19, 26




NOTICE OF HEARING
IN THE DISTRICT COURT OF NEMAHA COUNTY, NEBRASKA
Case No. CI 11-88
CHERIS MARIE TEMPLIN, Plaintiff, VS.
KYLE LEE TEMPLIN, Defendant.
You are hereby notified that the Final Hearing for Dissolution of Marriage will be heard before the Honorable Daniel E. Bryan, Jr., Judge of the District Court of Nemaha County, Courtroom No. One on the 3rd Floor fo the Nemaha County Courthouse, 1824 N Street, Auburn, Nebraska, on the 1st day of February, 2012 at 9:00 a.m., or as soon thereafter as the same may be heard.
Cherish Marie Templin
806 Main St.
Brock, NE 68320
402-874-0960
Herald - Dec. 29, Jan. 5, 12, 19, 26




APPLICATION FOR
REGISTRATION OF
TRADE NAME
John A. Gale, Secretary of State
Room 1301 State Capitol, P. O. Box 94608, Lincoln, NE 68509
(402) 471-4079
http://www.sos.state.ne.us

Trade Name: Bulldog Realty
Name of Applicant: Lydia Moyer
Address: 922 Central Ave. Auburn, NE 68305
Applicant is Individual.
Date of first use of name in Nebraska: 4-8-09
General nature of business: Real Estate, Property Management

Lydia Moyer
Herald - December 29
NOTICE
IN THE COUNTY COURT OF NEMAHA COUNTY, NEBRASKA
Estate of Anneta L. Johnson, Deceased
Estate No. PR11-34
Notice is hereby given that a Petition for Adjudication of Intestacy of said Decedent, Determination of Heirs, and Appointment of Merlin Nincehelser as Personal Representative has been filed and herein and is set for hearing in the County Court of Nemaha County, Nebraska located at 1824 N Street, Auburn, NE 68305, on January 17, 2012 at or after 2:00 o’clock P.M.
MERLIN NINCEHELSER, Petitioner
1021 21st Street
Auburn, NE 68305
Kelly J. Werts, #20509
FANKHAUSER, NELSEN, WERTS & ZISKEY, PC
1901 N Street
Auburn, NE 68305
(402) 274-2444
Herald - Dec. 29, Jan. 5 & 12