Public Notice

The Board of Equalization for Nemaha County, Nebraska will consider a motor vehicle exemption request on July 25, 2012 at 11:30 a.m. in the Commissioners Room, Suite 201, Courthouse Auburn NE.  A list of organizations seeking an exemption is available in the office of the County Treasurer.

Joyce Oakley

Nemaha County Clerk

Herald - July 12

 

 

 

 

NOTICE OF RENEWAL OF

RETAIL LIQUOR LICENSE

Notice is hereby given pursuant to Section 53-135.1 that a liquor license may be automatically renewed for one (1) year from November 1, 2012 for the following retail liquor licensee:

CLASS CK – ALCOHOLIC LIQUOR 

ON/OFF SALE / CATERING

Allen Weible, d/b/a Cotty’s Place

605 5th Street, Peru, Nebraska

Notice is hereby given that written protests to the issuance of automatic renewal of license may be filed by any resident of the City of Peru, Nebraska on or before 4:00 p.m., September 6, 2012, in the office of the City Clerk; that in the event protests are filed by three (3) or more such persons, a hearing will be held to determine whether continuation of license should be allowed.

Cindy L. Moran

City Clerk/Treasurer/Manager

City of Peru, Nebraska

Herald - July 12

 

 

 

 

NOTICE OF RENEWAL OF

RETAIL LIQUOR LICENSE

Notice is hereby given pursuant to Section 53-135.1 that a liquor license may be automatically renewed for one (1) year from November 1, 2012 for the following retail liquor licensee:

CLASS CK – ALCOHOLIC LIQUOR 

ON/OFF SALE / CATERING

Miles Patrick, L.L.C., d/b/a Shooter’s Bar

604 5th Street, Peru, Nebraska 

Notice is hereby given that written protests to the issuance of automatic renewal of license may be filed by any resident of the City of Peru, Nebraska on or before 4:00 p.m., September 6, 2012, in the office of the City Clerk; that in the event protests are filed by three (3) or more such persons, a hearing will be held to determine whether continuation of license should be allowed.

 

Cindy L. Moran

City Clerk/Treasurer/Manager

City of Peru, Nebraska

Herald - July 12

 

 

 

 

NEBRASKA DEPARTMENT

OF ROADS

NOTICE OF HIGHWAY

PUBLIC MEETING

4:00 – 6:00 PM; Thur.,

July 19, 2012

Information Open House

Public Meeting

Auburn Senior Center

1101 J Street, Auburn, NE

136-7(123) In Auburn; CN 13062

136-6(119) Auburn East;

CN 12994

The Nebraska Department of Roads (NDOR) will hold a public information open house regarding proposed improvement of U.S. Highway 136 (US-136), in and east of the City of Auburn. The meeting will be held at the Senior Center in Auburn, Thur., July 19, 2012, from 4:00-6:00 P.M.  

The two projects to be presented are identified as 136-7(123) In Auburn; Control No 13062 and 136-6(119) Auburn East; Control No 12994, and would be constructed entirely within Nemaha County, NE.  The purpose of these proposed projects is to preserve the US-136 transportation asset, improve the reliability of the transportation system and perpetuate the mobility of the traveling public.

The proposed In Auburn re-construction project would entail rebuilding 1.38 miles of US-136 from 600 feet west of Co. Rd. 638th Avenue on the west side of Auburn by the Sheridan Cemetery through “F” Street. The improvements on this project would consist of pavement removal and replacement as required, to the existing width as well as spot improvements at intersections.  Additional improvements would include restriping the segment for three lanes, storm sewer and curb inlet replacement as needed, and sidewalk reconstruction, including American with Disabilities Act (ADA) compliant curb ramps as needed.

Construction is proposed to be built in four “phases” from west to east, with the use of some temporary roads to accommodate local traffic.  Construction would require detouring US-136 traffic.  Local traffic would be detoured through town while thru highway traffic will be directed onto other state highways.  U.S. Highway 75 (US-75) traffic would also require detouring for a limited period.  Maps and more information on detouring will be available at the meeting.

The proposed Auburn East re-surfacing project would entail resurfacing 9.73 miles of US-136 from “F” Street in the city of Auburn, through the Village of Brownville to the west end of the Missouri River Bridge.  The primary improvements on this project would consist of concrete pavement repairs, and re-surfacing the asphalt to the existing width.  The project would be built “under traffic,” or without detouring, US-136 traffic, with appropriate traffic control measures, but would be done concurrent with the In Auburn project detouring.

These projects would not require the purchase of new right-of-way (ROW) however temporary construction easements (TE) would be necessary at several locations throughout the project area.

Construction could start as early as spring of 2014 for these proposed projects, depending on available funding and design. The proposed construction is anticipated to take one construction year and could potentially be completed in late fall of 2014.

This public meeting is being held to provide information regarding the project and solicit input. All interested persons are invited to attend and present relevant comments and questions. Design information will be displayed and personnel from NDOR will be present to answer questions and receive comments. The information “open house” format allows the public to come, gather pertinent information about the project, speak one-on-one with project personnel, and leave as they wish.

NDOR will make every reasonable accommodation to provide an accessible meeting facility for all persons. Appropriate provisions for the hearing and visually challenged or persons with limited English proficiency (LEP) will be made if NDOR is notified by July 6, 2012. Notification should be submitted to:  Greg Weinert, Public Hearings Officer, NDOR, P.O. Box 94759, Lincoln, NE  68509-4759;  HYPERLINK “mailto: This e-mail address is being protected from spambots. You need JavaScript enabled to view it ” This e-mail address is being protected from spambots. You need JavaScript enabled to view it ; voice telephone (402) 479-4871, TDD telephone (402) 479-3834, Fax (402) 479-3989.

Information regarding the proposed project will be available on the NDOR website  HYPERLINK “http://www.transportation.nebraska.gov/projects/” www.transportation.nebraska.gov/projects/ by clicking on the “Auburn” link.  For further information, contact: for the In Auburn project, Jeff Johnston, NDOR Roadway Design, (402) 479-4731,  HYPERLINK “mailto: This e-mail address is being protected from spambots. You need JavaScript enabled to view it ” This e-mail address is being protected from spambots. You need JavaScript enabled to view it and for the Auburn East project, Lorraine Legg, NDOR Roadway Design, (402) 479-4446,  HYPERLINK “mailto: This e-mail address is being protected from spambots. You need JavaScript enabled to view it ” This e-mail address is being protected from spambots. You need JavaScript enabled to view it ; or Tom Goodbarn, District One Engineer, (402) 471-0850,  HYPERLINK “mailto: This e-mail address is being protected from spambots. You need JavaScript enabled to view it ” This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Herald - June 28, July 12

 

 

 

 

NOTICE

Case No. PR 12-26

Estate of DUEY OESTMANN, Deceased.

Notice is hereby given that on July 2, 2012, in the County Court of Nemaha County, Nebraska, the Registrar issued a written statement of Informal Probate of the Will of the Deceased and Myrna R. Esluer, 5832 Blondo Street, Omaha, NE 68104, has been appointed Personal Representative. Creditors must file their claims with this Court on or before September 5, 2012, or be forever barred.

Nancy Hall

Registrar

BYAM & HOARTY

8990 West Dodge Road, Suite 317

Omaha, NE 68114

Attorneys for Applicant

Herald - July 5, 12, 19

 

 

 

 

PUBLIC NOTICE

The Board of Commissioners of the County of Nemaha, Nebraska will hold a public hearing on July 25, 2012 at 10:00 a.m., Commissioners Chambers, Nemaha County Courthouse, 1824 N Street, Auburn NE to consider the closing or vacating of County Road #117 beginning at the NW corner of the SW ¼, Section 9 T6N R13E, south to the north bank of the Little Nemaha River located in the County of Nemaha, Nebraska.

Dated this 3rd day of July, 2012.

Joyce Oakley

Nemaha County Clerk

Herald - July 5, 12, 19

 

 

 

 

PUBLIC NOTICE

The Board of Commissioners of the County of Nemaha, Nebraska will hold a public hearing on July 25, 2012 at 10:15 a.m., Commissioners Chambers, Nemaha County Courthouse, 1824 N Street, Auburn NE to consider the closing or vacating of County Road #49 beginning at the South quarter corner of Section 5 T6N R13E, or beginning 2,640 feet west of SE corner Section 5 T6N R13E, west to the bank of the Little Nemaha River located in the County of Nemaha, Nebraska.

Dated this 3rd day of July, 2012.

Joyce Oakley

Nemaha County Clerk

Herald - July 5, 12, 19

Notice of Meeting

The Auburn Airport Authority will hold their regular meeting on Tuesday, July 17, 2012 at 7:00 p.m. in the Terminal Building at the Auburn Airport. An agenda for the meeting is available for inspection at the Auburn Newspapers.

Kendall Neiman, Secretary

Herald - July 12

 

 

 

 

IMPORTANT NOTICE

CONCERNING

SPECIAL EDUCATION

RECORDS

Educational Service Unit 4, Auburn, Nebraska, will destroy Special Education Records of students served by ESU 4 prior to 2005. This procedure is in compliance with Nebraska Department of Education Rule 51-009.03M2. Please note that student’s home district may also have these records. The process for destroying these records will occur at ESU 4 on July 24, 2012.

Educational Service Unit 4

919 16th Street, Auburn, Nebraska 68305

402 274 4354

Herald - July 12, 19

 

 

 

 

NOTICE OF RENEWAL

OF RETAIL LIQUOR LICENSE

Notice is hereby given that pursuant to Section 53-135.01 of the Liquor Control Act, a liquor license may be automatically renewed for one year from November 1, 2012 for the following retail liquor licensee, to wit:

Bender Reese American Legion Post 330

301 Main Street

Johnson, Nemaha County, NE

Notice is hereby given that written protest to the issuance of automatic renewal of the license may be filed by any resident of the Village on or before August 15, 2012 in the office of the Village Clerk;  that in the event protests are filed by three or more such persons, a hearing will be held to determine whether continuation of said license should be allowed.

Carol Woerlen, Village Clerk

Herald - July 12

 

 

 

 

NOTICE

Pursuant to Section 19-1102 of the Statutes of the State of Nebraska, the following are the job titles and rates of pay for the Village of Johnson, Nebraska:  Annual Salaries - Utility Superintendent $33,769; Clerk/Treasurer $13,200.

Herald - July 12

 

 

 

 

NOTICE

Pursuant to Section 19-1102 of the Statutes of the State of Nebraska, the following are the job titles and rates of pay for the Village of Brock, Nebraska:  Annual Salaries - Utility Superintendent $6,600; Clerk/Treasurer $9,600.

Herald - July 12

 

 

 

 

NOTICE OF MEETING

The Nemaha County Visitors committee will meet July 17, 2012, 1:30 p.m., Suite 105, Lower Level Courthouse, Auburn. Agenda items will include review of pre-approved funding requests and other business as may come before the committee. The public is welcome to attend.

Mary Lauber

Secretary

Herald - July 12

 

 

 

 

NOTICE

IN THE COUNTY COURT OF NEMAHA COUNTY, NEBRASKA

Estate of Gladys Hutton, Deceased

Estate No. PR 11-25

Notice is hereby given that a final account and report of administration and a Petition for complete settlement, probate of Will and determination of heirs have been filed and are set for hearing in the County Court of Nemaha County, Nebraska located at 1824 N Street, Auburn, Nebraska 68305, on August 9, 2012 at or after 1:30 o’clock p.m.

Robert E. Hutton, Personal Representative

72526 644 Avenue

Nemaha, NE 68414

Kelly J. Werts #20509

FANHAUSER, NELSEN

WERTS & ZISKEY, PC

1901 N Street

Auburn, NE 68305

(402) 274-2444

Fax (402) 274-2445

Herald - July 12, 19, 26

 

 

 

 

NOTICE OF MEETING

The regular meeting of the Nemaha County Hospital Board of Directors will be held at 6 p.m. on Tuesday, July 17, 2012 in the Conference Room at the Nemaha County Hospital, Auburn. An agenda for the meeting is available at the Administrator’s Office and in the lobby of the Hospital.

Marty Fattig, CEO

Herald - July 12

 

 

 

 

NOTICE TO FATHER BY 

PUBLICATION LEGAL NOTICE

IN THE MATTER OF THE PATERNITY OF H.H. to T.H. and John Doe, described as a white male.

You have been identified as the biological father or possible biological father of a caucasian female child whom the biological mother currently intends to place for adoption or for whom the Nebraska Department of Health and Human Services is currently conducting adoption planning. The placement occurred on or about May 25, 2010.

H.H. was conceived on or about December 22, 2007 in Omaha, NE and was born on September 22, 2008 in Omaha, NE.

If you are the biological father, you have the right to: 1) deny paternity; 2) waive any parental rights you may have; 3) relinquish and consent to adoption; 4) file a Notice of Objection to Adoption and Intent to Obtain Custody pursuant to Nebraska Revised Statute section 43-104.02 or; 5) object to the adoption in a proceeding before any Nebraska court which has adjudicated you to be the biological father of the child prior to your receipt of notice.

In order to deny paternity, waive your parental rights, relinquish and consent to the adoption or receive additional information to determine whether you are the father of H.H., you must contact the undersigned agency. If you wish to object to the adoption and seek custody of the child you must seek legal counsel from you own attorney immediately.

BY: Nebraska Families Collaborative

Susan Mitchell

Family Permanency Specialist

2110 Papillion Parkway Suite 110

Omaha, NE 68164

(402) 651-7865

(402) 402-2525 fax

Herald - July 12, 19, 26

 

 

 

 

NOTICE OF RENEWAL

OF RETAIL LIQUOR LICENSE

Notice is hereby given that pursuant to Section 53-135.01 of the Liquor Control Act, a liquor license may be automatically renewed for one year from November 1, 2012 for the following retail liquor licensee, to wit:

White Horse Bar & Grill, Inc.

 dba White Horse Bar & Grill

218 Main Street

Johnson, Nemaha County, NE

Notice is hereby given that written protest to the issuance of automatic renewal of the license may be filed by any resident of the Village on or before August 15, 2012 in the office of the Village Clerk;  that in the event protests are filed by three or more such persons, a hearing will be held to determine whether continuation of said license should be allowed.

Carol Woerlen, Village Clerk

Herald - July 12

 

 

 

 

NOTICE OF SUIT

IN THE DISTRICT COURT OF NEMAHA COUNTY NEBRASKA

CASE NO. CI 12-50

MARVIN CASPERS, Plaintiff v.

LEE A. GUTZMER, BRENDA DUTCHER, JOHN DOE AND JANE DOE, REAL NAMES UNKNOWN, JOHN E. GUTZMER, TRUSTEE OF THE GUTZMER FAMILY TRUST; RICHARDSON COUNTY BANK AND TRUST COMPANY, A NEBRASKA CORPORATION, And all other person Unknown having or claiming any Right, title or interest in the South Half of the Northwest Quarter of Section 1, Township 4 North, Range 13 East, Nemaha County, Nebraska, and in Lot 1 and 2 and the East 330 feet of the fractional Northwest Quarter of the Northwest Quarter and The fractional North Half of the North East Quarter, all in Section 1, Township 4 North, Range 13 East, Nemaha County, Nebraska, Defendants

TO: JOHN DOE AND JANE DOE; JOHN GUTZMER AND JOHN DOE OR JANE DOE, TRUSTEE OF THE GUTZMER FAMILY TRUST; AND ALL PERSONS CLAIMING ANY INTEREST IN THE ABOVE DESCRIBED REAL ESTATE:

You will take Notice that the Plaintiff did on the 29the day of May, 2012, file his Complaint against you in the above entitled court, praying for the foreclosure of real estate tax sale certificates on the following described real estate, to wit: The South Half of the Northwest Quarter of Section 1, Township 4 North, Range 13 East, Nemaha County, Nebraska, and in Lot 1 and 2 and the East 330 feet of the fractional Northwest Quarter of the Northwest Quarter and the fractional North Half of the North East Quarter, all in Section 1, Township 4 North, Range 13 East, Nemaha County, Nerbaska;

The object and prayer of which is the foreclsure of real estate tax sale certificates issued by the Nemaha County Treasurer on said property; praying that Plaintiff be adjudged a valid, prior, paramount and first lien upon each tract of the real estate in the amount of taxes, special assessments and other charges assessed and levied against the real estate that Plaintiff paid, plus interest from and after the date of payment at the rate of 14% per annum; and whatever interest in, right to or title to or lien upon the real estate herein Defendants or any of them may have is inferior, junior and subject to the lien held by the Plaintiff. Plaintiff also prays that an accounting be had of the amount due Plaintiff by virtue of his lien on each tract for unpaid taxes, interests, costs and for attorney’s fees as provided for by law; that Plaintiff be adjudged to be entitled to foreclose his lien on each tract of the real estate at public sale to satisfy the decree so entered. In default of payment of such sums found to be due and owing to the Plaintiff for 20 days from the entry of decree herein, each tract of the real estate herein shall be sold for the satifaction of the lien; and further prays that the Defendants and each of them be foreclosed and forever barred of all claims upon, interest in, right or title to, lien upon or equity of redemption in the real estate; and upon the sale of the real estate and upon the payments by the purchaser of all subsequent taxes which shall have accrued, the purchaser there shall take a good an indefeasible title to the real estate and shall be placed in possession thereof; that judgment be entered in Plaintiff’s favor and against each tract of the real estate in the principal amount of the taxes paid as alleged herein, plus interest computed at 14% per annum from and after the date each item of said taxes was paid, plus title reports costs, court costs, lis pendens filing costs and attorney’s fees permitted by law in the amount of 10% of the total amount due to Plaintiff; and for such other and further relief as the Court deems just and equitable.

You are required to accept or plead to said Complaint on or before the 21st day of August, 2012, or the allegations of said complaint will be taken as true and judgment rendered accordingly.

MARVIN CASPERS, Plaintiff

James H. Cain #15527

Attorney for Plaintiff

1920 O Street

 Auburn, NE 68305

(402) 274-3938

Herald - June 28, July 5, 12, 19

 

 

 

 

NOTICE

IN THE COUNTY COURT OF NEMAHA COUNTY, NEBRASKA

Estate of Joyce Ann Clifton, Deceased

Estate Number PR 12-21

Notice is hereby given that on the 7th day of June, 2012, in the County Court of Nemaha County, Nebraska, the Registrar issued a written statement of Informal Appointment of Personal Representative in Intestacy of the Estate of said Decedent, and that Delyn Bryan Clifton, whose address is 2608 “Q” Street, Auburn, Nebraska 68305, was informally appointed by the Registrar as Personal Representative of the Estate. Creditors of this Estate must file their claims with this Court on or before the 28th day of August, 2012, or be forever barred.

Nancy Hall

Clerk Magistrate

Nemaha County Courthouse

1824  “N” Street

Auburn, Nebraska 68305

Telephone: (402) 274-3008

Angelo M. Ligouri (22926)

Ligouri Law Office

Attorneys for Personal Representative

Herald - June 28, July 5, 12

NOTICE

IN THE COUNTY COURT OF NEMAHA COUNTY, NEBRASKA

Estate of Irene M. Hahn, Deceased

Estate Number PR 12-24

Notice is hereby given that on the 22nd day of June, 2012, in the County Court of Nemaha County, Nebraska, the Registrar issued a written statement of Informal Probate of the Will of Irene M. Hahn, Decedent, and that Michael C. Casey, whose address is Post Office Box 215, Johnson, Nebraska 68378, was informally appointed by the Registrar as Persoanl Representative of the Estate. Creditors of this Estate must file their claims with this Court on or before the 28th day of August, 2012, or be forever barred.

Nancy Hall

Clerk Magistrate

Nemaha County Courthouse

1824  “N” Street

Auburn, Nebraska 68305

Telephone: (402) 274-3008

Louie M. Ligouri (16708)

Ligouri Law Office

Attorneys for Personal Representative

Herald - June 28, July 5, 12

 

 

 

 

Notice of Trustee’s Sale

TS No.: 12 -0037200

TSG No.: 12-0059742-01

The following described property will be sold at public auction to the highest bidder At the East front door of the Nemaha County Courthouse, 1824 N Street, Auburn, NE 68305, on the August 06, 2012 between the hours of 9 A.M. and 5 P.M. (10:00 AM ):LOTS THREE (3), FOUR (4) AND THE NORTH HALF (N1/2) OF LOT FIVE (5) IN BLOCK FIFTEEN (15) IN CALVERT ADDITION TO AUBURN, 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: RECONTRUST COMPANY, N.A., Trustee 2380 Performance Dr, TX2-984-0407 Richardson, TX 75082 (800) 281-8219 A-4260052 06/28/2012, 07/05/2012, 07/12/2012, 07/19/2012, 07/26/2012

Herald - June 28, July 5, 12, 19, 26

minutes of the nemaha county board of

equalization meeting

July 9, 2012

Board of Equalization of the County of Nemaha, State of Nebraska met on July 9, 2012 Commissioners Chambers, Nemaha County Courthouse, Auburn NE. Notice of meeting published in the Nemaha County Herald on May 31, 2012.  The agenda for the meeting was kept continually current and available for public inspection at the office of Nemaha County Clerk during normal business hours and also on the Nemaha County website (www.nemahacounty.ne.gov).  The agenda was held open until one business day prior to the meeting for appearance before the board and items for approval by the Board of Equalization.  The Board of Equalization has the right to modify the agenda to include items of an emergency nature only at such public meeting. 

Chairman Wittmann called the meeting to order at 8:10 a.m.  Roll call: Commissioner District 1 Bob Hutton, Commissioner District 2 Dennis Wittmann, Commissioner District 3 Marvin Bohling, Deputy County Clerk Diane Johnson.  Also present: County Assessor Jana Smith and County Contracted Appraiser Ron Elliott.

Chairman Wittmann noted the posting of the Open Meeting Poster and the availability of the Open Meeting Handouts to the public.

Motion by Hutton, seconded by Bohling to amend the agenda as presented to remove motor vehicle exemption for PSC and add Notice of Valuation Changes to be sent.  Roll call vote:  Wittmann, aye; Hutton, aye; Bohling, aye.

Motion by Bohling, seconded by Hutton to approve the June 13, 2012 minutes as presented with no corrections.  Roll call vote: Hutton, aye; Wittmann, aye; Bohling, aye.

Assessor Jana Smith presented tax list correction #1206-18, Sunrise Broadcasting of Nebraska, 1999 through 2011, City of Auburn purchased the tower and building in 1996.  The structures were an improvement on leased real estate and the Assessor’s office was never informed of the sale, so the taxable value stayed on record until now.  In checking with Dan White, former Chief of Police, structures were removed in 2008.  Motion by Bohling, seconded by Hutton to approve tax list correction for Sunrise Broadcasting of Nebraska, in the amount of $1,694.04 credit for tax years 1999 through 2011.  Roll call vote: Bohling, aye; Hutton, aye; Wittmann, aye.

Public Hearing for 2012 Property Protests was opened by Chairman Wittmann at 8:15 a.m.  The following property valuation protests were heard: James & Barbara Holtgrewe 640096719; Nellie Lockard 640054331; Gibbs Farms Inc. 640053483, 640030823; Michael & Sandra Lambelet 640022650; Elm Tree Farm Inc 640056725, 640056849, 640056709, 640056598, 640024394, 640054498, 640054501, 640054528, 640056628, 640024351, 640056512; Alan & Edine Moody 640051626, 640051707, 650051677; Rod Pebley 640066267, 640030920; Warren D. Jones 640055672; Lloyd Moore 640078168; Mulligan Trust, JoAnn Mulligan Trustee 640023568; Mark Andrew 640023568, 640054722, 640054759, 640059163; Mel Greenwade 640007236, 640008593; DM Crop Inc 640056733; Blanche Caspers 640061621, 64006173, 640061389, 640061532, 640075274; Marvin Caspers 640022103, 640027261, 640051278, 640046673; Mark Caspers 640051243, 640074383, 640022111; J. Randel Smith 640023487, unknown, 640023428; Cloverdale 640051995, 640051928, 640052274, 640023525; Deere Creek Corp 640052053; Clayton Lang 640097316, 640066313, 640066429, 640066577, 640031285, 640066496, 640066445. NE Colorado Cellular, Inc. 640098789   withdrawn.

Motion by Bohling, seconded by Hutton to closed the public hearing at 11:20 a.m.  Roll call vote: Bohling, aye; Wittmann, aye;p Hutton, aye.

With no further business to come before the Board of Equalization motion by Hutton, seconded by Bohling to adjourn the meeting at 11:33 a.m.  Roll call vote:  Wittmann, aye; Bohling, aye; Hutton, aye.

Dennis Wittmann, Chairman   

Board of Equalization

I, Joyce Oakley, the undersigned County Clerk of Nemaha County, Nebraska do hereby certify the foregoing minutes are true and are a part of the official records of this office. A complete copy of the minutes is available during normal business hours at the Nemaha County Clerk’s office.

Joyce Oakley

County Clerk

Herald - July 12    

 

 

 

 

MINUTES OF A REGULAR MEETING OF THE MAYOR AND CITY COUNCIL OF PERU, NEBRASKA ON JUNE 11, 2012 AT 7:00 P.M.

Present were: Mayor Lesley Ryan and Council Members: Judie Douglas, Ken Hastings, Joe Whisler and Jay Moran.  Upon roll call by the City Clerk, a quorum was declared.  Other members of the public were also present. 

Mayor Ryan called the meeting to order and informed the public of the location of the posting of the Nebraska Open Meetings Act.

The Council reviewed the minutes from the May 14, 2012 regular Council Meeting.  Council Member Whisler made motion to accept the minutes as written.  Council Member Douglas seconded the motion for acceptance.  Vote indicated: “AYE” All.  Motion: Carried.   

The Clerk reported the March 2012 sales tax deposit was $2,611.95.  The Clerk also reported the June 2012 Highway Allocation deposit from the State was $4,783.71.  A copy of correspondence sent to Albert Zook, William Dean and Tamra Sherman was received from City Attorney Steve Mercure regarding non-payment on water service.  Correspondence was received from Merci Suarez with the DED stating that CDBG funding is not available on state owned property.  City Attorney Steve Mercure provided a copy of correspondence sent to Shawn and Shawna Simpson, Marvin Rhodus, and Albert Zook regarding abatement of nuisance property. Other correspondence was received.

The monthly claims were reviewed.  Council Member Douglas had questions about the mower repairs. After brief discussion, Council Member Hastings made motion to accept the claims as presented.  Motion was seconded by Council Member Douglas.  Vote indicated: “AYE” Douglas, Hastings and Whisler.  “ABSTAIN” Moran.  Motion: Carried.  May claims paid are as follows:

OPPD-$3,071.97(gen,sts,p&r,fr,rurfr,wtr); Windstream-$445.97(gen,rur fr,fr,wtr); Black Hills Energy-$118.44(gen,fr,rur fr,wtr);AT&T$54.50(gen); OCE’-$26.14(gen); Peggy Kuser, CPA-$625.00(gen); The Cleaners-$24.00(gen); Casey’s-$507.16(sts,fr,res); Auburn BPW-$4076.25(wtr);  Auburn Newspapers-$114.34(gen); American Recycling-$2,085.00(gen,sts); Pitney Bowes-$107.99(gen);Moran Bros. Excavating-$360.00(wtr);  Hawkins-$313.11(wtr); Stutheit Implement-$1144.89(sts); DHHS-$231.00(wtr); Thorworks-$138.72(sts); Orschelns-$191.10(p&r,gen.sts); Great Plains One Call-$4.60; Reliable-$222.76(gen); HOA Solutions-$28,146.86(wtr);Bulldog Auto Parts-$83.02(sts) ; Van Diest Supply-$1,725.00(sts);CEI-$3,197.00 ; Rapid Graphics & Signs-$121.52(sts); Decker’s-$31.34(gen,p&r); AFHC.P.C.-$35.00(gen); Emergency Medical Products-$163.41(res); Linweld-$33.42(res); Howard Johnson-$258.00(fr, rur fr);Brent Lottman-50.00(res);Christine Gilmore-$252.62(fr, rur fr);Days Inn-$308.19(fr, rur fr) AFLAC-$121.82(gen); Nebraska Department of  -$841.56(gen)

Abbreviations = General(gen), Streets(sts), Water(wtr), Sewer(swr), Parks & Rec(p&r), City Fire(fr), Rural Fire(rur fr), Rescue(res)

Mayor Ryan stated the water report is available at City Hall for public inspection.  Council Member Moran also reported that the new controls were in at the water plant and feels everything is working well.

Mayor Ryan reported the maintenance workers did not provide her with a May maintenance report.  Mayor Ryan stated she felt Old Man River Days went well with no problems.

Regarding Agenda Item #1, after brief discussion, Council Member Whisler made a motion to allow the VFW to conduct a beer garden on July 21, 2012 from 4:00 p.m. to 1:00 a.m.   Motion was seconded by Council Member Hastings.  Vote indicated: “AYE” All.  Motion: Carried.

Regarding Agenda Item #2, Discussion/Action-Memorandum of Understanding between the City of Peru and State of Nebraska Regarding Relinquishment of Park Avenue, Kevin Burnison with SENDD was present to explain this item.  After lengthy discussion, Mayor Ryan asked to keep this agenda item open so we could move to the next agenda item regarding the budget for the Park Avenue project.

Regarding Agenda Item#3, Discussion/Action-Park Avenue Street Project-Sample Budget, Kevin Burnison provided a sample budget which was designed by JEO showing $1,495,000.00 for the project.  After lengthy discussion, Council Member Moran made motion to return to the previous agenda item and accept the Memorandum of Understanding between the City of Peru and the Nebraska Department of Roads regarding the relinquishment of Park Avenue.  Motion was seconded by Council Member Hastings.  Vote indicated:  “AYE” Moran, Douglas, Hastings.  “NAY” Whisler.  Motion: Carried.

In returning to Agenda Item #3, Burnison explained we must work together with JEO to determine the correct budget for this project by July 2nd.  Council Member Moran asked why sanitary sewer and water concerns were not built into the budget.  Burnison stated this comment tells him the City is probably one year away from being ready to move forward on this project.  After very extensive discussion, Council Member Hastings’s stated he would like to hear from the public and would like to have a special meeting to just talk about the Park Avenue Project and nothing else.  

Mayor Ryan stated she would like to hear what the public has to say.  After hearing public comment, and lengthy discussion, Council Member Hastings made motion to table proceeding with the CDBG grant and determine what needs to be addressed before moving forward.  Motion was seconded by Council Member Whisler.  Vote indicated:  “AYE” All.  Motion: Carried.

Regarding Agenda Item #4, Council Member Hastings made motion to open a public hearing for the CDBG for the Park Avenue Improvement Project at 8:06 p.m.  Motion was seconded by Council Member Moran.  Vote indicated:  “AYE” All.  Motion: Carried.   After lengthy discussion, Council Member Hastings made motion to close the public hearing regarding the Park Avenue Project at 8:09 p.m.  Vote indicated:  “AYE” All.  Motion: Carried.

Mayor Ryan stated there is no action needed on Agenda Item #5 since the CDBG grant application has been tabled.

Regarding Agenda Item #6, Kevin Burnison explained the City needs to approve the Excessive Force Certification and Citizen Participation Plan in order to apply for housing rehab assistance.  Council Member Moran made motion to approve the City of Peru Excessive Force Certification for Housing Rehab.  Motion was seconded by Council Member Douglas.  Vote indicated: “AYE” All.  Motion: Carried.

Regarding Agenda Item #7, Council Member Hastings made motion to approve the Citizen Participation Plan for Housing Rehab.  Motion was seconded by Council Member Moran.  Vote indicated: “AYE” All.  Motion: Carried.

Kevin Burnison explained that the housing board, which is the City Council, will need to address several items at the July Council Meeting.   One of which is the total asset of applicants for housing rehab.  It use to be set at $25,000 but some communities have increased this to $50,000.00.  Also for the Council to review before the July council meeting is the point system for the housing rehab application and make any changes as desired and adopt the guidelines for our application.

Regarding Agenda Item #9 Discuss Housing Rehab Program Income ReUse Plan, Kevin Burnison simply mentioned the City of Peru will need to recapture and re-use program income that may result from past, current and future Housing Rehab activities.

Regarding Agenda Item #10, Discuss Housing Rehab Lead-Based Paint Procedure, Burnison explained there are classes people can sit through to be knowledgable about lead-based paint, however, the City can simply adopt State lead-based paint procedures.

Regarding Agenda Item #11, Discuss 504 ADA Plan, Kevin Burnison explained whenever you get federal money, you have to tell them you have a plan to accommodate the disabled.  He stated you don’t have to have money to remodel the bathroom on the public park, but you must be aware of what needs to be done.  The 504 plan assists us in doing this.  Formal action will take place at the July Council Meeting.

Regarding Agenda Item #12, Water Tower Maintenance Discussion, Mayor Ryan stated the water tower needs to and is going to be cleaned out.

Regarding Agenda Item #13, Nebraska Rural Water Association-Valve Exercising Discussion/Possible Action, Council Member Hastings would like Nebraska Rural Water to come to Peru and assist us with exercising our valves.  After discussion, Council Member Hastings made motion for Nebraska Rural Water Association come to Peru and assist with our valve exercising and give permission to Moran Bros. Excavating to provide repairs as needed.  Motion was seconded by Council Member Whisler.  Vote indicated:  “AYE” Douglas, Hastings, Whisler.  “ABSTAIN” Moran.

Regarding Agenda Item #14, Cat/Trash Nuisance, after discussion, Council Member Hastings made motion to use the agreement with the Animal Hospital in Nebraska City to help control our feral cat population.  Motion was seconded by Council Member Douglas.  Vote indicated:  “AYE” All.  Motion: Carried.

Regarding Agenda Item #15, Accept Council Member Jay Moran’s Maintenance Supervisor Resignation, Council Member Moran stated that due to time constraints and personality issues with the City Maintenance Workers, he would like to resign as the Maintenance Supervisor.  Council Member Whisler made motion to accept said resignation.  Motion was seconded by Council Member Hastings.  Vote indicated:  “AYE” Douglas, Hastings, Whisler.  “ABSTAIN” Moran.

Regarding Agenda Item #16, Discuss/Approve Bids Received from Constructor’s Inc. for Overlay Work, Council Member Moran reviewed the bids received from Constructor’s Inc. and mentioned the one for an overlay on 8th Street from Washington St. south really does not need to be done because that road is in pretty good shape but the overlay on 7th from Washington to Nebraska, which will include widening to 12’, the intersection at 8th & Washington and west to the corporate limits, and Sycamore St. from 5th to just west of 7th should be done.  Council Member Moran made motion to accept overlay items #1, #2 and #4 with Constructor’s Inc.  Motion was seconded by Council Member Whisler.  Vote indicated:  “AYE” All.  Motion: Carried.

Regarding Agenda Item #17, Peru VFD Application for Membership Approval, Council Member Hastings made motion to approve Chance Brueggemann as a new fire department member for the Peru VFD.  Motion was seconded by Council Member Moran.  Vote indicated:  “AYE” All.  Motion: Carried.

Regarding Clerk Job Title/Responsibility Change-Discuss/Possible Action, Mayor Ryan stated she would offer the Clerk the option of entering into an executive session on this issue.  City Clerk Cindy Moran stated she would not like to enter into an executive session.  Council Member Hastings stated the Clerk presented a good report on what she is currently doing and what she would be doing if her title were to change.  He also stated he appreciated that she included resolutions to issues if she were to be given this opportunity and stated he has no problem at all with changing the Clerk’s title to City Clerk/Treasurer/Manager.  As outlined in the Clerk’s proposal, she would be awarded a $2.00 per hour raise upon approval and upon successful completion of a 6 month review period, she would be given an additional $2.00 per hour increase.  Council Member Whisler stated the City Clerk as been a great help to him over the past several years and believes she would put the same dedication into this new position as she has in the past.   Mayor Ryan stated she agreed.  Council Member Douglas made motion to approve the promotion for the City Clerk to City Clerk/Treasurer/Manager.  Motion was seconded by Council Member Hastings.  Vote indicated:  “AYE” Douglas, Hastings, Whisler.  “ABSTAIN” Moran.  Motion: Carried.

No members of the public spoke during public voice.

ADJOURN

Lesley R. Ryan, Mayor

Attest:

Cindy L. Moran, City Clerk/Treas./Mgr.

(seal)

Herald - July 12