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081612 Legals

Public Notice

Notice is hereby given that a meeting of the Board of Commissioners of the County of Nemaha, Nebraska will be held at 8:00 a.m. on Wednesday, August 22, 2012 in the Commissioners Chambers, Courthouse Suite 201, Auburn, Nebraska.  The meeting is open to the public.  Agenda for such meeting is kept continuously current and is available for public inspection at the office of the County Clerk in the Nemaha County Clerk’s office, Courthouse Suite 201, Auburn, NE during normal working hours and also at  HYPERLINK “http://www.nemahacounty.ne.gov” www.nemahacounty.ne.gov. 

Joyce Oakley

Nemaha County Clerk

Herald - Aug. 16

 

 

 

 

Public Notice

Notice is hereby given that a meeting of the Board of Equalization of the County of Nemaha, Nebraska will be held at 11:30 a.m. on Wednesday, August 22, 2012 in the Commissioners Chambers, Courthouse Suite 201, Auburn, Nebraska.  The meeting is open to the public.  Agenda for such meeting is kept continuously current and is available for public inspection at the office of the County Clerk in the Nemaha County Clerk’s office, Courthouse Suite 201, Auburn, NE during normal working hours and also at  HYPERLINK “http://www.nemahacounty.ne.gov” www.nemahacounty.ne.gov. 

Joyce Oakley

Nemaha County Clerk

Herald - Aug. 16

 

 

 

 

NOTICE OF

BUDGET HEARING AND

BUDGET SUMMARY

PUBLIC NOTICE is hereby given, in compliance with the provisions of State Statute Sections 13-501 to 13-512, that the Southeast District Health Board will meet on the 22nd day of August, 2012 at 7 o’clock PM in the Conference Room at the offices of Southeast District Health Department, 2511 Schneider Ave, Auburn, NE, for the purpose of hearing support, opposition, criticism, suggestions or observations of taxpayers relating to the proposed budget.  The budget detail is available at the office of the Director, 2511 Schneider Ave, Auburn NE during regular business hours.  Questions may be addressed to the Director at (877)-777-0424.

Herald - Aug. 16

 

 

 

 

PUBLIC MEETING NOTICE

The Southeast District Board of Health will hold its regular meeting on Wednesday, 

August 22, 2012 at 7:00 PM in the Conference Room at the offices of Southeast District Health Department, 2511 Schneider Ave, Auburn, Ne.  The meeting is open to the public.  An agenda may be viewed at the county clerk’s office or a current agenda is available in the Director’s office at the Southeast District Health Department, 2511 Schneider Ave, Auburn, Ne during regular business hours.

Herald - Aug. 16

 

 

 

 

Notice

According to Section 19-1102 of the Nebraska State Statues, Employee job titles and the current annual, monthly or hourly salaries, corresponding to such titles, shall be published.

CITY OF PERU

Monthly Salaries:

Mayor $40 

Council Chairperson $30 

Councilperson $30 

City Clerk (gross) $2,720 

Deputy City Clerk – P.T. (hourly) $9.36 

Custodian – P.T. (hourly) $9.86 

Annual Salary Ranges

City Maintenance Workers(gross) $26,000 -$28,200

Cindy L. Moran, City Clerk

Herald - Aug. 16

 

 

 

 

NOTICE OF PERMIT

ISSUANCE

The Nebraska Department of Environmental Quality (NDEQ) proposes to reissue with change the National Pollutant Discharge Elimination System (NPDES) permit for the City of Peru PWTP, PO 369, Peru, NE (NPDES# NE0123463; SIC 4941).  The PWTP supplies drinking water to the city.  The facility pumps ground water and uses aeration, detention, and filtration for the removal of iron and manganese.  The average daily production of drinking water is 0.21 MGD in the summer months and 0.13 MGD in the winter months.  The discharge of filter backwash water is to Buck Creek, segment NE1-11600 of the Nemaha River Basin via a drainage ditch.  The permit would be issued for a period of up to five years and would restrict pollutant discharges to comply with the requirements of Department regulations. The draft permit, fact sheet and other public information are available for review at NDEQ’s Lincoln Office (address below) between 8:00 a.m. and 5:00 p.m. weekdays, excluding holidays.  To request copies of the draft permit and other information, call 402/471-3557 (TDD operator 711).  Alternate format materials are available with advance request.  Written comments, objection and/or hearing requests concerning permit issuance may be submitted to Alan Aanerud, NPDES/NPP Permits Unit, Nebraska Department of Environmental Quality, 1200 N St., Suite 400, the Atrium, PO Box 98922, Lincoln, NE 68509-8922 before the comment period ending date of September 16, 2012.  A determination to hold a hearing will be based upon factual environmental or regulatory consideration.

Herald - Aug. 16

 

 

 

 

NOTICE OF TRUSTEE’S SALE

The following described property will be sold at Public Auction to the highest bidder for cash at the East door of the Nemaha County Courthouse, 1820 N Street in Auburn, County of Nemaha, Nebraska on the 5th day of September at 2:00 o’clock P.M.:

Lot Seven (7), Block Twenty-eight (28), in Sheridan Addition to Auburn, Nemaha County, Nebraska.

subject to any and all:

1. Real Estate taxes;

2. Special Assessments; and

3. Easements, covenants, restrictions of record which affect the property.

This sale is being held pursuant to the power of sale granted in a certain Deed of Trust filed of record in book 187 of Mortgages at pages 388-390 of the records of the County Clerk (ex-officio Register of Deeds) of Nemaha County, Nebraska wherein Amanda Fritz and Amber Wagner are Trustor and Janice G. DeJaegher is beneficiary.

Dated at Auburn, Nebraska, this 23rd day of July, 2012.

Albert G. Fuller, Trustee

Herald - July 26, August 2, 9, 16, 23

 

 

 

 

Notice of Trustee’s Sale TS No.: 12-0036921 TSG No.: 12-0057219-01 

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 September 04, 2012 between the hours of 9 A.M. and 5 P.M. (10:00 AM): ALL OF BLOCK 83, AND VACATED JOHNSON STREET AND 10TH STREET, IN RUE’S ADDITION TO BROCK, NEMAHA COUNTY, NEBRASKA, EXCEPT LAND CONVEYED TO THE STATE OF NEBRASKA FOR HIGHWAY PURPOSES. 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-4272801 07/26/2012, 08/02/2012, 08/09/2012, 08/16/2012, 08/23/2012

Herald - July 26, Aug. 2, 9, 16, 23

 

 

 

 

Notice of Organization of D&R Flowers LLC

Notice is hereby given that D&R Flowers LLC, a Nebraska Limited Liability Company, has been organized under the laws of the State of Nebraska. The address of the registered office of the Company is 1011 23rd Street, Auburn, NE 68305. The general nature of the business to be transacted by the company is any and all lawful activities for which a limited liability company may be organized under the Nebraska Limited Liability Company Act. The Company commenced its existence on July 18, 2012 and its duration is perpetual. The affairs of the Company are to be conducted by its managing member Debra Koerner, 1011 23rd Street, Auburn, NE 68305.

Herald - Aug. 9, 16, 23

 

 

 

 

NOTICE OF MASTER 

COMMISSIONER’S SALE

By virtue of an order of sale issued by the District Court of Nemaha County, Nebraska, and pursuant to a decree of said Court in an action therein indexed at Case No. CI 11-39, wherein Deutsche Bank National Trust Company, as Trustee of the Home Equity Mortgage Loan Asset-Backed Trust Series INABS 2006-D, Home Equity Mortgage Loan Asset-Based Certificates, Series INABS 2006-D Under the Pooling and Servicing Agreement dated Sept. 1, 2006, is the plaintiff, and Franklin J. Wilcox, Charlotte E. Wilcox, John Doe and Jane Doe, real names unknown, are the defendants, I will sell at public auction to the highest bidder, for cash, the following property at 10:00 a.m., on the 5th day of September, 2012, inside the east door of the Nemaha County Courthouse, 1824 N Street, in the City of Auburn, Nemaha County, Nebraska, to-wit:

Lots Nine (9), Ten (10), Eleven (11) and Twelve (12), Block Eleven (11), in Calvert, now Auburn, Nemaha County, Nebraska.

to satisfy the liens and encumbrances therein set forth; and to satisfy the accruing court costs, all as provided by said order and decree. The purchaser is responsible for all fees or taxes, including the documentary stamp tax. This sale is made without any warranties as the title or condition of the property.

Dated this 24th day of July, 2012.

James H. Cain

Master Commissioner

Herald - August 2, 9, 16, 23

 

 

 

 

LEGAL NOTICE

Notice is hereby given that the Department of Roads of the State of Nebraska will, for and in behalf of the State of Nebraska, offer for sale at public auction to be held at the office of the Nemaha County Clerk, at the County Courthouse in Auburn, in the County of Nemaha, State of Nebraska, on the 29th day of August, 2012, at 11:00 o’clock A.M., an oil and gas lease covering the following described lands in the County of Nemaha, State of Nebraska, to-wit:

That part of the right of way of State Highway No. 75, located in the S/2 of the NW/4 of Section 15, Township 4 North, Range 14 East of the 6th P.M., in Nemaha County, Nebraska, covering approximately 1.182 acres, whether more or less.

Such lease will be sold in accordance with the subject to the provisions of Neb. Rev. Stat. §§57-218 through 57-221 (Reissue 1984) to the highest and best bidder subject to the rights of the Department to reject any and all bids.

Hearld - August 16, 23

 

 

 

 

LEGAL NOTICE

Notice is hereby given that the Department of Roads of the State of Nebraska will, for and in behalf of the State of Nebraska, offer for sale at public auction to be held at the office of the Nemaha County Clerk, at the County Courthouse in Auburn, in the County of Nemaha, State of Nebraska, on the 29th day of August, 2012, at 11:00 o’clock A.M., an oil and gas lease covering the following described lands in the County of Nemaha, State of Nebraska, to-wit:

That part of the right of way of State Highway No. 75, located in the N/2 of the SE/4 of Section 16, Township 4 North, Range 14 East of the 6th P.M., in Nemaha County, Nebraska, covering approximately 1.342 acres, whether more or less.

Such lease will be sold in accordance with and subject to the provisions of Neb. Rev. Stat. §§57-218 through 57-221 (Reissue 1984) to the highest and best bidder subject to the rights of the Department to reject any and all bids.

Herald - August 16, 23

 

 

 

 

NOTICE OF MEETING

The regular meeting of the Nemaha County Hospital Board of Directors will be held at 6 p.m. on Tuesday, August 21, 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 - August 16

 

 

 

 

NOTICE OF MEETING

The Nemaha County Visitors committee will meet August 21, 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 - August 16

 

 

 

 

NOTICE

IN THE COUNTY COURT OF NEMAHA COUNTY, NEBRASKA

IN THE MATTER OF THE ESTATE OF ROBERT EDWARD CURTTRIGHT, JR., Deceased

CASE NO. PR12-30

Notice is hereby given that on August 9, 2012, in the County Court of Nemaha County, Nebraska, the Registrar issued a written statement of informal Probate of the Will of said Decedent and that Kola Ann Curttright, whose address is 1002 S. 3rd St., Plattsmouth, NE 68048 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 October 16, 2012 or be forever barred.

Nancy Hall

Clerk of the County Court

Nemaha County Courthouse

Bobie A. Touchstone, #20758

Touchstone Law Office

P.O. Box 542

Plattsmouth, NE 68048

(402) 296-5090

Herald - August 16, 23, 30

 

 

 

 

NOTICE OF COMPLETE SETTLEMENT

IN THE COUNTY COURT OF NEMAHA COUNTY, NEBRASKA

Estate of MARTIN DUANE HANNAFORD, Deceased Case No. PR 11-07

Notice is hereby given that the personal representative has filed a final accounting and a report of her administration, a formal closing petition for complete settlement, distribution of estate and approval of fees, which has been set for hearing in the Nemaha County, Nebraska Court on September 4, 2012, at 3:00 o’clock, P.M.

Deborah Grotrian

Personal Representative,

Petitioner

1212 J Street

Auburn, NE 68305

(402) 274-4342

ALBERT G. FULLER #11405

Attorney for Petitioner

910 13th Street

Auburn, Nebraska 68305

(402) 274-4321

Herald - August 16, 23, 30

 

 

 

 

NOTICE OF AVAILABILITY

FEDERAL FINDING OF NO SIGNIFICANT IMPACT/RECORD OF DECISION

For Proposed Development

Farington Field, Auburn Municipal Airport

Auburn, Nebraska

The Federal Aviation Administration has approved a Finding of No Significant Impact/Record of Decision (FONSI/ROD) for the improvements identified at the Farington Field, Auburn Municipal Airport, Auburn, Nebraska. The FONSI/ROD is being made available to the public pursuant to Part 1506 of the Council On Environmental Quality Regulations concerning implementation of the National Environmental Policy Act. Copies of the FONSI/ROD are located at: The Auburn Newspaper, 830 Central Avenue, Auburn, Nebraska 68305 and the Federal Aviation Administration, Airports Division, 901 Locust, Kansas City, Missouri 64106.

Herald - August 16

PUBLIC NOTICE

Proposed Remedial Action Decision

Magnolia Metals, Auburn, NE

Nebraska Department of Enviromental Quality Waste Management Division Remediation Section

Notice is hereby given purusant to Neb. Rev. Stat. §81-15, 185 that the Nebraska Department of Environmental Quality (NDEQ) is proposing approval of the Remedial Action Plan (RAP) for the Magnolia Metals facility, 63859 730th Road, Auburn, Nebraska. This proposed determination is in accordance with Neb. Rev. Stat. §81-15, 185. The Magnolia Metals facility is located in the northwest quarter of the northeast quarter of Section 16, Township 05 North, Range 14 East, Nemaha County, Nebraska.

Soil at this site is contaminated with lead as a result of previous operations. Groundwater was investigated and was not found to be contaminated. The proposed final soil cleanup levels are shown in Table 1. The NDEQ is proposing the following redemial actions: 1) soil with lead exceeding the proposed cleanup level of 750 mg/kg will either be excavated and disposed of off-site or covered with an engineered cover or clean soil cap; and 2) an insitutional control will be used to prohibit residential development of the site or disturbance of the engineered cover or clean soil cap.

Table 1. Proposed Final Cleanup Level at Magnolia Metals

Contaminant Concentration

Lead 750 milligrams per kilogram (mg/kg)*

*Based on NDEQ VCP Remediation Goals (RGs) for industrial sites, soil direct contact exposure pathway

Any person may receive additional information, submit comments regarding the proposed actions, or request a public hearing, in writing, on or before September 20, 2012. A request for hearing must state the nature of the issues to be raised and all arguments and factual grounds supporting such position. If the Director grants a public hearing, the hearing will be advertised by public notice at least 30 days prior to its occurance. Comments and requests should be mailed to:

Mr. David Haldeman

Waste Management Division

Nebraska Department of Environmental Quality

P.O. Box 98922

Lincoln, NE 68509-8922

 

Contact: The proposed RAP, public notice, fact sheet and supporting documents are available for review at the Auburn Memorial Library at 1810 Courthouse Ave., Auburn, Nebraska. Library hours are MWF 10-5; TT 10-8 and Sat 10-4. These materials are also located at the office of the Nebraska Department of Environmental Quality, 1200 N Street, Suite 400, The Atrium, Lincoln, NE. Please notify NDEQ if alternate formats of materials are needed by September 5, 2012 by calling (402) 471-2186. TDD users may call 711 and ask the relay operator to call NDEQ at (402) 471-2186. Further information may be obtained from Mike Felix, Remediation Section, (402) 471-4210.

Herald - August 16

Minutes of the nemaha county board of

equalization meeting

August 8, 2012

Board of Equalization of the County of Nemaha, State of Nebraska met on August 8, 2012 Commissioners Chambers, Nemaha County Courthouse, Auburn NE. Notice of meeting published in the Nemaha County Herald on August 2, 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 called the meeting to order at 8:00 a.m.  Roll call: Commissioner District 1 Bob Hutton, Commissioner District 2 Dennis Wittmann, Commissioner District 3 Marvin Bohling, County Clerk Joyce Oakley.  Also present: County Assessor Jana Smith and Ron Elliott, County Appraiser.

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

Motion by Bohling, seconded by Hutton to approve the agenda as presented.  Roll call vote:  Hutton, aye; Wittmann, aye; Bohling, aye.  

Motion by Hutton, seconded by Bohling to approve the July 25, 2012 minutes as presented with no corrections.  Roll call vote: Bohling, aye; Wittmann, aye; Hutton, aye.

Motion by Bohling, seconded by Hutton to bring off the tabled request from John & Ruth Henderson to have the valuations on Lots 10, 11 & 19 Glenrock Addition to the City of Auburn lowered for the tax years 2008, 2009, 2010, and 2011.  Roll call vote:  Wittmann, aye; Bohling, aye; Hutton, aye.

Ron Elliott visited with the board and explained the valuations for these lots were changed in 2012 because the assessor’s office used the ‘discounted cash flow for assessing new subdivision lots’ therefore the valuations for these lots were lowered in 2012 and a 2012 Notice of Valuation Change by the Nemaha County Board of Equalization was sent to the Henderson’s.  

Motion by Bohling, seconded by Hutton to not allow a refund of taxes paid for the tax years 2008, 2009, 2010 and 2011 on lots 10, 11 & 19, Glenrock Addition to John & Ruth Henderson. Roll call vote:  Bohling, aye; Hutton, aye Wittmann, aye. 

With no further business to come before the Board of Equalization motion by Bohling, seconded by Hutton to adjourn the meeting at 8:20 a.m.  Roll call vote:  Hutton, aye; Wittmann, aye; Bohling, 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 - Aug. 16

 

 

 

 

proceedings of the nemaha county commissioners meeting

august 8, 2012

County Board of Commissioners of the County of Nemaha, State of Nebraska met on August 8, 2012, Commissioner’s Chambers, Nemaha County Courthouse, Auburn NE for a regular scheduled meeting.  Notice of meeting published in the Nemaha County Herald on August 2, 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.  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 Commissioners.  The Board of Commissioners has the right to modify the agenda to include items of an emergency nature only at such public meeting. 

Chairman Hutton called the meeting to order at 8:25 a.m. Present for the meeting:  Commissioner District 1 Bob Hutton, Commissioner District 2 Dennis Wittmann, Commissioner District 3 Marvin Bohling and County Clerk Joyce Oakley. 

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

Visitors present – Dave Swanson, Nemaha County Herald

Motion by Wittmann, seconded by Bohling to approve the agenda as presented.  Roll call vote:  Bohling, aye; Hutton, aye; Wittmann, aye.    

Motion by Bohling, seconded by Wittmann to approve the July 25, 2012 regular scheduled meeting minutes with no corrections.  Roll call vote: Wittmann, aye; Bohling, aye; Hutton, aye. 

Motion by Wittmann, seconded by Bohling to approve the claims for payment as presented by the County Clerk and authorized for payment by the Board of Commissioners.  Roll call vote: Hutton, aye; Bohling, aye; Wittmann, aye.

Motion by Bohling, seconded by Wittmann to adopt Resolution 2012-27 on the question to submit to voters at the 2012 General Election on dissolving the Nemaha County Weed District Board.  Roll call vote:  Hutton, aye; Wittmann, aye; Bohling, aye. 

Motion by Wittmann, seconded by Bohling to approve Flood Plain Permit #55, requested by the NE Dept. of Roads for construction of proposed improvement project on NE Hwy 75 at mile marker 28 +34 to 29+37 (north of Auburn between Section 9 & 10 T5N R14E).  Roll call vote:  Wittmann, aye; Bohling, aye; Hutton, aye.

The following competitive bids for replacement of EMA and road department radios were received: FirstWireless, Inc. $13,750.00; Electronic Engineering Co. $13,125.00.  Motion by Wittmann, seconded by Bohling to award the replacement of EMA and Road Department radios to FirstWireless, Inc. in the amount of $13,750.00.  Roll call vote:  Bohling, aye; Wittmann, aye; Hutton, aye.

Motion by Bohling, seconded by Wittmann to approve the Windstream application to install communications facilities in Section 21 T4N R14E near Auburn.  Roll call vote:  Hutton, aye; Bohling, aye; Wittmann, aye.

Motion by Wittmann, seconded by Bohling to approve the Windsteam application to install communications facilities in Section 27 T6N R15E and Section 26 T6N R15E near Peru.  Roll call vote:  Wittmann, aye; Hutton, aye; Bohling, aye.

Motion by Bohling, seconded by Wittmann to approve Omaha Public Power District application #167 to set pole with anchor, 3 miles west and .5 mile north of Auburn.  Roll call vote: Bohling, aye; Hutton, aye; Wittmann, aye.

 Motion by Wittmann, seconded by Bohling to approve Permit 2012-05 requested by Nemaha County Rural Water District #1 to bore waterline and sleeve under a county road in Section 19 T5N R16E for Jim Minardi.  Roll call vote:  Hutton, aye; Wittmann, aye; Bohling, aye.

Motion by Bohling, seconded by Wittmann to approve the Interlocal Agreement for Cooperative Public Safety Services by and among the Counties of Cass, Gage, Fillmore, Jefferson, Johnson, Lancaster, Nemaha, Otoe, Pawnee, Richardson, Saline, Seward, Thayer and York and the Cities and Villages Within Said Counties.  Roll call vote:  Wittmann, aye; Bohling, aye; Hutton, aye. 

The following claims were approved for payment by the Board of Commissioners and authorize the County Clerk for payment:

General

Salaries $31,066.85

Action Tech, se 930.99

Amera-Chem, su 96.95

American Recycling, se 1,741.60

Ameritas Life, ret 4,691.45

AS Central Finance, se 448.00

Aub Family hlth, me se 114.00

Aub Newspaper, pub 698.68

Automated Sys, eq 205.96

Black Hills, ut 18.60

Bd Public Works, ut 6,511.31

Bohl Plumb Htg, bldg re 601.50

Borrenpohl, bldg re 579.36

Bryan LGH, se 53.50

Capital Bus, ma ag 15.00

Constellation, ut 22.03

Continental Res, su 494.92

Credit Manage, garn 144.75

Credit Manage, garn 267.24

Critser, Jen, reim 167.73

Culligan, su 109.05

D&D Comm, su 150.75

Dorn, Mike, mi 36.10

El Portal, me 203.52

Environmental, se 400.00

Fankhauser, Allen, cont 4,266.67

Farmers Coop, fu 1,927.02

General Fire, se 118.75

Hahn, Kim, mi 27.75

Hometown Brand, se 45.95

Kathleen Laughlin, garn 207.00

Kruger, Mary, mi 57.94

Lesoing, Gary, mi 92.68

Martin, V Marie, cont 1,776.60

Merwin, Diane, atty fe 333.40

Microfilm, se 123.00

MIPS Inc, sftwr 1,664.66

NACO, du 1,170.21

Nem Co Clerk, hra 3612.22

Nem Co Clk Dist, fe 409.00

Nem Co Court, fe 523.54

Nem Co Hospital, me se 2,160.06

Nem Co Sheriff, fe, mi 320.66

Nem Co Tax, ss, fwh 8,561.60

Nutsch-Fulton, mi 41.07

OPPD, ut 84.62

Paper Tiger, se 35.00

Petersens Auto, se 1,298.85

Pitney Bowes, su 542.21

Quill, su 813.77

Region V Aub, se 101.96

Rieger, Rachel, bd pr 193.90

Sack Lumber, su 103.90

Shell Fleet, fu 863.99

Shelton, T, mi 22.20

Smith Hogancamp, atty fe 690.00

SE Design, su 47.98

The Cleaners, se 477.00

The Hartford, annt 100.00

Thompson Publish, su 399.00

Time, su 110.88

U-Save Pharm, me su 62.18

UNL, reg 120.00

Verizon Wireless, se 664.73

Road

Salaries 15,098.04

American Recycle, se 59.00

Ameritas Life, ret 2,259.59

Bd Public Works,ut 445.99

Calvary Spv, garn 163.08

Eggers, pts, la 304.19

Farmers Coop, fu 14,328.88

Inland Truck, pts 189.17

Johnson Quik, ti re 2,508.22

Lawson Products, su 478.94

Lueders Petro, fu 4,763.69

Martin Marietta, rk 4,419.08

NE Truck Equip, pts 72.62

Needles I, se 185.00

Nem Co Tax, ss, fwh 4,523.97

Newman Traffic, sgn 25.02

NMC, pts, la 1,049.82

Powerplan, pts 741.40

Sack Lumber, su 8.50

Schneider Ok, ti re 45.00

Stutheit Imple, pts,su 596.47

Village Johnson, ut 281.20

Village Nemaha, ut 61.00

Wick’s Sterling, pts,la 172.78

County Visitors

Aub Newspaper, pub 5.02

Drug Coalition

Salaries $2,570.54

Ameritas Life, ret 292.80

Nem Co Clk, su 20.25

Nem Co Tax, ss, fwh 636.21

Osborne, Laura, mi 12.21

911 Emergency Service

American Tower, se 689.52

With no further business to come before the Board of Commissioners, motion by Bohling, seconded by Wittmann to adjourn at 1:05 p.m.  Roll call vote:  Wittmann, aye; Bohling, aye; Hutton, aye.

Bob Hutton, Chairman

Board of Commissioners

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

The next meeting of the Board of Commissioners will be August 22, 2012 Commissioners Chambers, Courthouse, Auburn NE

Herald - Aug. 16

 

 

 

 

MINUTES OF A REGULAR MEETING OF THE MAYOR AND CITY COUNCIL OF PERU, NEBRASKA ON JULY 9, 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 June 11, 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 April 2012 sales tax deposit was $2,363.86.  The Clerk also reported the July 2012 Highway Allocation deposit from the State was $5,920.83.  The 4th distribution for Municipal Equalization was received in the amount of $57,889.24.  Correspondence was received from the JEO showing they did not bill us for work on the CDBG application.  The Clerk provided a copy of the correspondence she distributed to city employees regarding performance appraisals.  Correspondence was received from Oak River Insurance Company explaining their denial of coverage regarding the lightening strike at the water plant in June of 2011.  Council Member Moran asked the Clerk/Manager to pass this denial on to the city attorney for review.

The monthly claims were reviewed.  Council Member Hastings made motion to accept the claims as presented.  Motion was seconded by Council Member Whisler.  Vote indicated: “AYE” Douglas, Hastings and Whisler.  “ABSTAIN” Moran.  Motion: Carried.  June claims paid are as follows:

OPPD-$3,235.53(gen,sts,p&r,fr,rurfr,wtr); Windstream-$445.52(gen,rur fr,fr,wtr); Black Hills Energy-$109.96(gen,fr,rur fr,wtr);AT&T-$75.26(gen); OCE’-$35.23(gen); Peggy Kuser, CPA-$625.00(gen); The Cleaners-$24.00(gen); Casey’s-$635.37(sts); Auburn BPW-$5,686.08(wtr);  Auburn Newspapers-$135.05(gen); American Recycling-$2,085.00(gen,sts); Pitney Bowes-$341.98(gen); Moran Bros. Excavating-$3,052.00(wtr);  Hawkins-$603.33(wtr); Stutheit Implement-$23.10(sts); DHHS-$10.00(wtr); Orschelns-$170.33(sts); Great Plains One Call-$7.07; Utility Service-$2,530.27 (wtr); Concrete Industries-$410.00(sts); Bohl Plumbing-$256.00(gen); Nestor & Mercure-$2,710.14(gen); Ditch Witch-$547.50(wtr); Miller-Monroe-Farrell-$8,495.00(gen,sts,fr,rur fr,res); Nebr. Muncipal Power Pool-$597.33(wtr); Hireright-$25.00(gen); Emergency Medical Products-$172.47(res); Linweld-$32.60(res); Dearborn National-$165.12(fr, rur fr); AFLAC-$121.82(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 stated the aerators at the water plant are about shot and Auburn BPW has some for sale that we could probably purchase.  Council Member Hastings stated the aerators Moran is talking about is listed in the Nebraska Municipal Review and isn’t sure about what our water plant requires.  Moran said BPW could figure that out for us.  Moran asked that the Clerk contact companies that sell aerators and get prices of new ones to compare to the price of the used ones that Auburn has.  Moran asked Council Member Whisler if he has been having any problems with water.  Whisler stated he has not.  Council Member Hastings stated the water at the bar has been brown on Saturdays and asked if we have begun flushing hydrants.  The Clerk stated we have not and the brown water is from the high usage at the college from watering which stirs up the sediment in the lines.  Mayor Ryan stated she had a bit of pink in her water but that it is not a problem.  Council Member Douglas stated she has had a few people contact her regarding dark water. 

Mayor Ryan stated she appreciated the maintenance report the City Clerk/Manager provided.  The Clerk/Manager stated she compiles information from daily time sheets that the maintenance workers turn in with their timecards to prepare the report.

Regarding Agenda Item #1, Council Member Moran made motion to open a public hearing at 7:10 p.m. for the 2012 Owner Occupied Housing Rehab Application to Nebr. Department of Economic Development for $250,000.  Motion was seconded by Council Member Hastings.  Vote indicated:  “AYE” All.  Motion: Carried.  No public comment was made.  Council Member Hastings asked how much of the $250,000 is used for the administration of the plan.  Lisa Beethe with SENDD stated $20,000 is for general administration, $25,000 is for housing management and $12,000 is used for lead paint testing.  Council Member Whisler made motion to close the public hearing for Housing Rehab at 7:14 p.m..  Motion was seconded by Council Member Hastings.  Vote indicated:  “AYE” All.  Motion: Carried.

Regarding Agenda Item #2, Lisa Beethe with SENDD explained that Resolution 2012-04 will allow the Mayor to sign the 2012 Owner Occupied Housing Rehab application.  Council Member Moran made motion to adopt Resolution 2012-04 – A RESOLUTION TO AUTHORIZE THE MAYOR TO SIGN THE 2012 OWNER OCCUPIED HOUSING REHAB APPLICATION.  Motion was seconded by Council Member Douglas.  Vote indicated:  “AYE” All.  Motion: Carried.

Regarding Agenda Item #3, Lisa Beethe explained the Housing Rehab Program Guidelines, including the asset limit and the rating worksheet.  After discussion, Council Member Moran made motion to set the asset level at $35,000.  Motion was seconded by Council Member Whisler.  Vote indicated:  “AYE” All.  Motion: Carried.

Regarding the second part of Agenda Item #3, Housing Rehab Rating Worksheet, Beethe explained there is a point system used which earns applicants points.  Lower income people will earn more points, where if a home does not comply with city ordinances regarding mowing and such, points are deducted.  The City will have to provide ordinances and ask that someone from SENDD inspect the property to determine if points should be deducted.  Council Member Whisler made motion to approve the rating worksheet as presented.  Motion was seconded by Council Member Moran.  Vote indicated:  “AYE” All.  Motion: Carried.

Agenda Item #4, Beethe explained the Housing Rehab Program Income ReUse Plan explains how the remaining funds from the housing income can be used.  The City can either return the funds to DED, or the money can be used for other housing activities such as demolishing condemned properties.    Council Member Moran made motion to adopt the Housing Rehab Program Income ReUse Plan as presented.  Motion was seconded by Council Member Douglas.  Vote indicated:  “AYE” All.  Motion: Carried.

Agenda Item #5, Beethe explained there are specific lead-based paint procedures to follow and their staff will perform all inspections and the City simply needs to be aware of the procedures.  Council Member Hastings made motion to adopt the Housing Rehab Lead-Based Paint Procedure.  Motion was seconded by Council Member Moran.  Vote indicated:  “AYE” All.  Motion: Carried.

Agenda Item #6, regarding the 504 ADA Plan, Beethe explained this plan determines which of our properties have public access and if they are ADA accessible.  Beethe explained the City Clerk/Manager identified door widths and other ADA issues at city properties and provided the information for our plan.   Beethe explained this is so the City is aware of possible items which may need to be corrected.  Council Member Whisler made motion to adopt the 504 ADA Plan.  Motion was seconded by Council Member Hastings.  Vote indicated:  “AYE” All.  Motion: Carried.

Regarding Agenda Item #7, Arlyn Moran submitted correspondence asking if the City would adjust the sewer rate back to what it was prior to a water leak at their apartments during February of this year.  Her correspondence states the leak has been repaired and water usage is back to normal.  Council Member Moran asked the Clerk/Manager if the water usage is back to what it was prior to the leak.  The Clerk/Manager stated it is.  Council Member Hastings made motion to adjust the sewer rate for Moran Apartments back to what it was prior to the leak.  Motion was seconded by Council Member Whisler.  Vote indicated:  “AYE” Douglas, Hastings, Whisler.  “ABSTAIN” Moran.  Motion: Carried.

Agenda Item #8, regarding the proposal from Moran Bros. Excavating to install 140’ of new 48” HDPE storm drain and replace 100’ of old 24” storm drain at 7th & Oregon St., Council Member Hastings asked if the ditch would be completely filled in.  Jay Moran stated it would be completely level with the street and the headwall at the stone bridge and the alley would be removed.  Moran said the culvert running south across Oregon that is made out of 55 gallon drums will be replaced as well as the culvert running north.   Council Member Whisler asked if we had any other bids.  The Clerk/Manager explained we did not put this out for bid because Moran’s bid had been accepted a couple of years ago for the same project at the same price and if we put it out for bid, we would have to hire an engineer to draw up specs for bidding.  Council Member Whisler said he does not have a problem with it because Moran Bros. does a good job.  Whisler stated the Mayor could authorize the job without Council vote since it is under $30,000.  Mayor Ryan asked Council Member Whisler if he didn’t want his name on it during a meeting.  He stated he had no problem with it but that the Mayor has in the past simply approved such projects.  Council Member Hastings made motion to approve the bid from Moran Bros. Excavating for $20,000 for the 7th & Oregon St. project.  Motion was seconded by Council Member Whisler.  Vote indicated:  “AYE” Douglas, Whisler, Hastings.  “ABSTAIN” Moran.  Motion: Carried.

Regarding Agenda Item #9, Sheriff Brent Lottman was present to discuss options for the City of Peru to utilize the Nemaha County Sheriff’s office for ordinance enforcement.  Sheriff Lottman stated he could assist the City on a per call bases which would be an hourly rate.  Council Member Moran said this is what he is looking for.  Lottman said there are some parking and dangerous dog issues that would be covered under state statute.  With regards to parking, the City must have no parking signs up in order for them to enforce and write tickets.  Late night noise would fall under state statute as well.  Council Member Whisler stated that if the Sheriff’s office came over and cars were parked on both sides of a street, tickets could be written for every vehicle on the side that the signs are posted.  Council Member Hastings asked how the Sheriff’s office would handle a situation where someone would call in the middle of the night letting them know there are cars parked in no parking areas in front of their house.  Lottman said they try to get these types of violations during regular patrol of the town.  He also stated that if they are busy with something else, they will not respond to a parking call for Peru.  But if they have nothing going on, they would be able to come over and write tickets.  The City Clerk/Manager stated when people complain to her about late night noise, she always advises them to call the Sheriff’s office when the event is taking place, not report it the following day.  Lottman stated if they are in town and there is noise, they can’t do anything about it because there has to be a victim, so people must call them when noise is taking place.  The Clerk/Manager then asked about barking dogs.  She asked if the same dog is barking all of the time and different people submit a letter to the city office stating the same time and day of the event, if they could then write a citation based on this information.  Lottman said they could, but the people who wrote the letters would have to be willing to go to court and testify if needed.  Lottman said that the County Commissioners would have the final approval on the sheriff’s office providing a service to the City of Peru.  Council Member Moran asked how much it would cost per hour for the sheriff’s office to respond to a call.  Lottman said it would be $19.72 per hour.  Council Member Hastings asked if the sheriff’s office responded to a community member’s call, would that be billed to the City.  Lottman said that is something the City will have to decide.  The Clerk/Manager said we could not do that as it would cost too much.  Council Member Moran said we probably will not have very many instances, but now that we have a price, we at least know what we are looking at and can now determine which instances warrant a call to the sheriff’s office.  Lottman said the City could also consider paying a monthly fee but to get a hold of him with their decision.

No members of the public spoke during public voice.

ADJOURN

Lesley R. Ryan, Mayor

Attest:

Cindy L. Moran,

City Clerk/Treas./Mgr.

(seal)

Herald - Aug. 16