MINUTES OF A REGULAR MEETING OF THE MAYOR AND CITY COUNCIL OF PERU, NEBRASKA ON JANUARY 9, 2012 AT 7:00 P.M.
Present were: Mayor Lesley Ryan and Council Members: Joe Whisler, Judie Douglas, Kan Hastings and Jay Moran.  Upon roll call by the City Clerk, a quorum was declared.  Also present were Derek Bargmann and Kevin Burnison with SENDD, Greg Zost, Dave Pease and Darrin Reeves.  
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 December 12, 2011 Council Meeting.  Council Member Moran made motion to accept the minutes as written.  Council Member Whisler seconded the motion for acceptance.  Vote indicated: “AYE” All.  Motion: Carried.   
The Clerk reported the October 2011 sales tax deposit was $2,279.11.  Correspondence was received from Zito Media regarding possible rate increase.  
The monthly claims were reviewed.  Council Member Whisler made motion to accept the claims as presented.  Motion was seconded by Council Member Douglas.  Vote indicated: “AYE” Douglas, Whisler and Hastings.  “ABSTAIN” Moran.  Motion: Carried.  December claims paid are as follows:
OPPD-$3,290.45(gen,sts,p&r,fr,rurfr,wtr); Windstream-$436.70(gen,rur fr,fr,wtr); Black Hills Energy-$268.43(gen,fr,rur fr,wtr); AT&T-$51.48(gen); OCE’-$26.14(gen); Peggy Kuser, CPA-$625.00(gen); The Cleaners-$24.00(gen); Casey’s-$614.78(sts); Auburn BPW-$4,091.25(wtr); Auburn Newspapers-$67.91(gen); American Recycling-$2,085.00(gen,sts); Pitney Bowes-$107.99(gen); Pitney Bowes-$126.00(gen); Decker’s Food Ctr-$23.73(gen,sts);  Moran Bros. Excavating-$5,835.00(wtr); Meyer-Earp-$276.24(sts); Municipal Supply, Inc.-$467.88(wtr); Hawkins-$1,668.48(wtr); DHHS-$10.00(wtr); League of NE Municipalities-$650.00(gen); HireRite-$25.00(gen); RJP Environmental Testing-$300.00(sts); NE Rural Water Assoc-$150.00(wtr); Midwest Labs-$65.00(wtr); Fire Protection Service-$161.25(gen/fr, rurfr); Nestor & Mercure-$1,239.11(gen); JEO-$1,000(sts); PNC Equip Finance-$13,699.84(res); D&D Communications-$654.00(fr, rurfr); Heiman Fire Equipment-$837.18(fr, rurfr); Egger Bros.-$354.61(sts,res); Linweld-$31.18(res); Feld Fire-$84.00-(rurfr); BC/BS-$1,277.73(gen); Dearborn National-$185.76(fr,rurfr); United Life Ins-$95.93(gen); Petty Cash-$13.39(gen,sts)   
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 and noted that the report is very detailed.  Council members appreciated the detail of the report.
Mayor Ryan presented her Mayor’s report for December.  
Regarding Agenda Item #1, Status of Houses to be Demolished, Council Member Whisler stated the clerk had done her homework on the status of the three (3) properties in question and that we are at a standstill on the projects.  Whisler stated the Clerk needs to get with our attorney and possibly have some notices hand delivered by law enforcement to proceed with removing structures on these properties.  Whisler asked to table the topic for now and that he will continue to be on the agenda as this is an embarrassment to the community.  Mayor Ryan stated we can move ahead without putting this on the agenda every month.  Council Member Moran agreed and said we need to urgently move forward with abating these nuisances.
Dave Pease and Greg Zost were on the agenda to address the Council with their concerns about off-street parking, brush along the right-of-ways in Peru and zoning of rental properties.  They also expressed their concerns regarding the condition of rental properties.
Derek Bargmann and Kevin Burnison with SENDD were present to talk to the City of Peru about offering a Housing Rehab Program to area residents.  Ken Hastings made motion to authorize SENDD to proceed with the Housing Rehab Program for the City of Peru.  Motion was seconded by Council Member Moran.  Vote indicated:  “AYE” All.  Motion: Carried.
Regarding the 1&6 Year Plan, Mayor Ryan asked if the Council wanted to add anything to what has been drafted by JEO.  Council Member Moran agreed with the plan but said 7th Street from Washington to Nebraska should also be widened.  Council Member Douglas said she is concerned about 7th and Oregon Street and said if we don’t do something there, we won’t even have a road.  The Clerk informed the Council that the hearing for the 1&6 Year Plan would be February 13th at 6:45 p.m.
Regarding Agenda Item #5, Council Member Moran made motion to approve the Auburn BPW Operator Agreement.  Motion was seconded by Council Member Whisler.  Vote indicated: “AYE” All.  Motion: Carried.
Regarding Agenda Item #6, Property Owner Contesting Road Position (South of 8th & Kansas Street), Council Member Hastings stated he received the information late last week from the property owner and would like to table the topic to give Council time to look over the information provided by Joe Whisler regarding easements.  Topic is tabled until next month so more information can be obtained.
Darrin Reeves was present to speak during “public voice”.  He addressed the council about his concern of college students having dogs and them not coming to city hall to license their dogs.  
ADJOURN
A complete copy of the minutes is available at Peru City Hall for public inspection.
Lesley R. Ryan, Mayor
Attest:
Cindy L. Moran, City Clerk
(seal)
Herald - Feb. 16

MINUTES OF THE NEMAHA COUNTY BOARD OF
EQUALIZATION MEETING
FEBRUARY 8, 2012
Board of Equalization of the County of Nemaha, State of Nebraska met on February 8, 2012 Commissioners Chambers, Nemaha County Courthouse, Auburn NE. Notice of meeting published in the Nemaha County Herald on February 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 Wittmann called the meeting to order at 11:35 a.m.  Roll call: Commissioner District 1 Bob Hutton, Commissioner District 2 Dennis Wittmann, Commissioner District 3 Marvin Bohling, County Clerk Joyce Oakley and County Assessor Jana Smith.
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 approve the agenda as presented.  Roll call vote: Wittmann, aye; Hutton, aye; Bohling, aye.
Motion by Hutton, seconded by Bohling to approve the January 25, 2011 minutes as presented with no corrections.  Roll call vote:  Bohling, aye; Hutton, aye; Wittmann, aye.
Motion by Hutton, seconded by Bohling to open the Public Hearing at 11:40 for the approving or disapproving of Exemption Application for Tax Exemption on Real and Personal Property by Qualifying Organizations, Form 451.  Notice of public hearing published in the Nemaha County Herald on January 26, 2012.  Notice of public hearing sent via first class mail to each organization on January 23, 2012.  The following were present for the public hearing: George Neubert, Will Castro, Jim Biere, and Glade Goings.
Motion by Bohling, seconded by Hutton to approve the Exemption Application for partial Tax Exemption on real property for American Legion Post #23.  Roll call vote:  Wittmann, aye; Bohling, aye; Hutton, aye.
Motion by Bohling, seconded by Hutton to approve the Exemption Application for partial Tax Exemption on real property for Auburn Eagles Aerie #3767.  Roll call vote:  Hutton, aye; Bohling, aye; Wittmann, aye.
Motion by Hutton, seconded by Bohling to approve the Exemption Application for partial Tax Exemption on real property for Bender-Reese Post #330 – Johnson American Legion.  Roll call vote: Bohling, aye; Hutton, aye; Wittmann, aye.
Motion by Hutton, seconded by Bohling to approve the Exemption Application for partial Tax Exemption on real property for Peru Veterans Foreign War Post #7299.  Roll call vote: Wittmann, aye; Bohling, aye; Hutton, aye.
Motion by Bohling, seconded by Hutton to approve the Exemption Application for partial Tax Exemption on real property for Nemaha County Farm Bureau, Inc.  Roll call vote: Hutton, aye; Bohling, aye; Wittmann, aye.
Motion by Hutton, seconded by Bohling to approve the Exemption Application for full Tax Exemption on real property for Berean Fundamental Church of Auburn, Inc.  Roll call vote:  Bohling, aye; Wittmann, aye; Hutton, aye.
Motion by Bohling, seconded by Hutton to approve the Exemption Application for full Tax Exemption on real property for Flatwater Art Foundation/Folk Art Museum.  Roll call vote: Bohling, aye; Wittmann, aye; Hutton, aye.
Motion by Bohling, seconded by Hutton to approve the Exemption Application for full Tax Exemption on real property for Catholic Social Services.  Roll call vote: Hutton, aye; Wittmann, aye; Bohling, aye.
Motion by Bohling, seconded by Hutton to approve the Exemption Application for full Tax Exemption on real property for Evangelical Lutheran Good Samaritan Society.  Roll call vote: Bohling, aye; Wittmann, aye; Hutton, aye.
Motion by Hutton, seconded by Bohling to approve the Exemption Application for full Tax Exemption on real property for Peru Lodge #14 A.F. & A.M.  Roll call vote: Bohling, aye; Hutton, aye; Wittmann, aye.
Motion by Bohling, seconded by Hutton to approve the Exemption Application for full Tax Exemption on real property for Hearts United for Animals.  Roll call vote: Hutton, aye; Wittmann, aye; Bohling, aye.
Motion by Bohling, seconded by Hutton to approve the Exemption Application for full Tax Exemption on real property for LL Coryell & Son Park Foundation.  Roll call vote: Wittmann, aye; Hutton, aye; Bohling, aye.
Motion by Bohling, seconded by Hutton to approve the Exemption Application for full Tax Exemption on real property for Nemaha County Agricultural Society.  Roll call vote: Bohling, aye; Hutton, aye; Wittmann, aye.
Motion by Hutton, seconded by Bohling to approve the Exemption Application for full Tax Exemption on real property for Brownville Fine Arts Association.  Roll call vote: Wittmann, aye; Bohling, aye; Hutton, aye.
Motion by Hutton, seconded by Bohling to approve the Exemption Application for full Tax Exemption on real property for Brownville Historical Society.  Roll call vote: Bohling, aye; Wittmann, aye; Hutton, aye.
Motion by Bohling, seconded by Hutton to approve the Exemption Application for full Tax Exemption on real property for Brownville Village Theatre Inc.  Roll call vote: Hutton, aye; Bohling, aye; Wittmann, aye.
Motion by Hutton, seconded by Bohling to approve the Exemption Application for full Tax Exemption on real property for Meriwether Lewis Foundation.  Roll call vote: Bohling, aye; Hutton, aye; Wittmann, aye.
Motion by Bohling, seconded by Hutton to approve the Exemption Application for full Tax Exemption on real property for Nemaha Valley Museum Inc.  Roll call vote: Hutton, aye; Wittmann, aye; Bohling, aye.
Motion by Hutton, seconded by Bohling to approve the Exemption Application for full Tax Exemption on real property for Peru Historical Foundation.  Roll call vote: Wittmann, aye; Hutton, aye; Bohling, aye.
Motion by Bohling, seconded by Hutton to approve the Exemption Application for full Tax Exemption on real property for Peru State College Foundation.  Roll call vote: Bohling, aye; Wittmann, aye; Hutton, aye.
Motion by Bohling, seconded by Hutton to approve the Exemption Application for full Tax Exemption on real property for Region Five Foundation.  Roll call vote: Hutton, aye; Bohling, aye; Wittmann, aye.
Motion by Hutton, seconded by Bohling to approve the Exemption Application for full Tax Exemption on real property for Southeast Nebraska Community Action Council.  Roll call vote: Wittmann, aye; Bohling, aye; Hutton, aye.
Motion by Hutton, seconded by Bohling to approve the Exemption Application for full Tax Exemption on real property for Nemaha County Hospital.  Roll call vote: Bohling, aye; Hutton, aye; Wittmann, aye.
Motion by Bohling, seconded by Hutton to approve the Exemption Application for full Tax Exemption on real property for Auburn Church of Christ.  Roll call vote: Hutton, aye; Wittmann, aye; Bohling, aye.
Motion by Hutton, seconded by Bohling to approve the Exemption Application for full Tax Exemption on real property for Calvary Christian Center Assemblies of God.  Roll call vote:  Bohling, aye; Wittmann, aye; Hutton, aye.
Motion by Hutton, seconded by Bohling to approve the Exemption Application for full Tax Exemption on real property for First Presbyterian Church U.S.A.  Roll call vote:  Wittmann, aye; Hutton, aye; Bohling, aye.
Motion by Bohling, seconded by Hutton to approve the Exemption Application for full Tax Exemption on real property for First Southern Baptist Church of Auburn.  Roll call vote:  Hutton, aye; Wittmann, aye; Hutton, aye.
Motion by Hutton, seconded by Bohling to approve the Exemption Application for full Tax Exemption on real property for Jehovah’s Witnesses.  Roll call vote:  Wittmann, aye; Hutton, aye; Bohling, aye.
Motion by Bohling, seconded by Hutton to approve the Exemption Application for full Tax Exemption on real property for New Life World Outreach Center of Auburn NE Inc.  Roll call vote:  Hutton, aye; Wittmann, aye; Bohling, aye.
Motion by Hutton, seconded by Bohling to approve the Exemption Application for full Tax Exemption on real property for St. Joseph Catholic Church.  Roll call vote:  Bohling, aye; Hutton, aye; Wittmann, aye.
Motion by Hutton, seconded by Bohling to approve the Exemption Application for full Tax Exemption on real property for St Paul’s Evangelical Lutheran Church.  Roll call vote:  Wittmann, aye; Bohling, aye; Hutton, aye.
Motion by Bohling, seconded by Hutton to approve the Exemption Application for full Tax Exemption on real property for South Auburn Church of Christ.  Roll call vote:  Wittmann, aye; Hutton, aye; Bohling, aye.
Motion by Hutton, seconded by Bohling to approve the Exemption Application for full Tax Exemption on real property for Trinity Evangelical Lutheran Church.  Roll call vote:  Bohling, aye; Wittmann, aye; Hutton, aye.
Motion by Bohling, seconded by Hutton to approve the Exemption Application for full Tax Exemption on real property for United Methodist Church.  Roll call vote:  Hutton, aye; Bohling, aye; Wittmann, aye.
Motion by Hutton, seconded by Bohling to approve the Exemption Application for full Tax Exemption on real property for Brock Christian Church.  Roll call vote:  Wittmann, aye; Bohling, aye; Hutton, aye.
Motion by Bohling, seconded by Hutton to approve the Exemption Application for full Tax Exemption on real property for Brock United Methodist Church.  Roll call vote:  Wittmann, aye; Hutton, aye; Bohling, aye.
Motion by Hutton, seconded by Bohling to approve the Exemption Application for full Tax Exemption on real property for Brownville Christian Church.  Roll call vote:  Bohling, aye; Hutton, aye; Wittmann, aye.
Motion by Hutton, seconded by Bohling to approve the Exemption Application for full Tax Exemption on real property for Brownville United Methodist Church.  Roll call vote:  Hutton, aye; Bohling, aye; Wittmann, aye.
Motion by Bohling, seconded by Hutton to approve the Exemption Application for full Tax Exemption on real property for St. Mather’s Evangelical Lutheran Church.  Roll call vote:  Wittmann, aye; Bohling, aye; Hutton, aye.
Motion by Hutton, seconded by Bohling to approve the Exemption Application for full Tax Exemption on real property for Johnson United Methodist Church.  Roll call vote:  Bohling, aye; Wittmann, aye; Hutton, aye.
Motion by Bohling, seconded by Hutton to approve the Exemption Application for full Tax Exemption on real property for Julian United Methodist Church.  Roll call vote:  Hutton, aye; Bohling, aye; Wittmann, aye.
Motion by Bohling, seconded by Hutton to approve the Exemption Application for full Tax Exemption on real property for Nemaha Christian Church.  Roll call vote:  Bohling, aye; Hutton, aye; Wittmann, aye.
Motion by Hutton, seconded by Bohling to approve the Exemption Application for full Tax Exemption on real property for Nemaha United Methodist Church.  Roll call vote:  Hutton, aye; Wittmann, aye; Bohling, aye.
Motion by Bohling, seconded by Hutton to approve the Exemption Application for full Tax Exemption on real property for Peru Community Church.  Roll call vote:  Bohling, aye; Wittmann, aye; Hutton, aye.
Motion by Hutton, seconded by Bohling to approve the Exemption Application for full Tax Exemption on real property for St. Clara’s Catholic Church. Roll call vote:  Wittmann, aye; Hutton, aye; Bohling, aye.
Motion by Hutton, seconded by Bohling to approve the Exemption Application for full Tax Exemption on real property for Bethel Church.  Roll call vote:  Hutton, aye; Bohling, aye; Wittmann, aye.
Motion by Bohling, seconded by Hutton to approve the Exemption Application for full Tax Exemption on real property for Martin Lutheran Evangelical Church.  Roll call vote:  Bohling, aye; Hutton, aye; Wittmann, aye.
Motion by Hutton, seconded by Bohling to approve the Exemption Application for full Tax Exemption on real property for St Bernard’s Church.  Roll call vote:  Wittmann, aye; Bohling, aye; Hutton, aye.
Motion by Bohling, seconded by Hutton to approve the Exemption Application for full Tax Exemption on real property for St James Evangelical Lutheran Church.  Roll call vote:  Bohling, aye; Hutton, aye; Wittmann, aye.
Motion by Hutton, seconded by Bohling to approve the Exemption Application for full Tax Exemption on real property for St John’s Evangelical Lutheran Church.  Roll call vote:  Wittmann, aye; Hutton, aye; Bohling, aye.
Motion by Bohling, seconded by Hutton to approve the Exemption Application for full Tax Exemption on real property for St Paul’s Hickory Grove Evangelical Lutheran Church.  Roll call vote:  Bohling, aye; Hutton, aye; Wittmann, aye.
Motion by Hutton, seconded by Bohling to approve the Exemption Application for full Tax Exemption on real property for Zion Lutheran Church.  Roll call vote:  Hutton, aye; Wittmann, aye; Bohling, aye.
Motion by Bohling, seconded by Hutton to approve the Exemption Application for full Tax Exemption on real property for Nemaha County Development Alliance.  Roll call vote:  Wittmann, aye; Bohling, aye; Hutton, aye.
Motion by Hutton, seconded by Bohling to approve the Exemption Application for full Tax Exemption on real property for Nemaha County Health Services, Inc.  Roll call vote:  Wittmann, aye; Hutton, aye; Bohling, aye.
Motion by Hutton, seconded by Bohling to approve the Exemption Application for full Tax Exemption on real property for Peru Day Care Center.  Roll call vote:  Bohling, aye; Wittmann, aye; Hutton, aye.
Motion by Bohling, seconded by Hutton to approve the Exemption Application for full Tax Exemption on real property for Project Response.  Roll call vote:  Wittmann, aye; Hutton, aye; Bohling, aye.
Motion by Bohling, seconded by Hutton to approve the Exemption Application for full Tax Exemption on real property for Southeast Nebraska Mobile Diagnostic Services, Inc.  Roll call vote:  Hutton, aye; Bohling, aye; Wittmann, aye.
Motion by Bohling, seconded by Hutton to disapprove the Exemption Application for full Tax Exemption on real property for Auburn Chamber of Commerce ‘office moved to city hall, building is currently on the real estate market to be sold’.  Roll call vote:  Wittmann, aye; Hutton, aye; Bohling, aye.
Motion by Bohling, seconded by Hutton to disapprove the Exemption Application for full Tax Exemption on real property for Mental Culture Club of Nemaha ‘property given to Village of Nemaha, owners of property on December 13, 2011’.  Roll call vote:  Hutton, aye; Bohling, aye; Wittmann, aye.
Motion by Bohling, seconded by Hutton to close the public hearing at 12:10 p.m.  Roll call vote:  Wittmann, aye; Hutton, aye; Bohling, aye.  Chairman Wittmann declared public hearing closed.  
Assessor Smith presented tax list correction #1202-7, Howe, Nixon & Wilson Add. Blk 19 Lots 1 & E ½ Lot 2, James Thies, letter received from state correcting his homestead exemption from 40% to 100%.  Motion by Bohling, seconded by Hutton to approve tax list correction #1202-7 for Jim Thies in the amount of $487.92 deducted tax.  Roll call vote: Bohling, aye; Wittmann, aye; Hutton, aye.
With no further business to come before the Board of Equalization, motion by Hutton, seconded by Bohling to adjourn at 12:14 p.m.  Roll call vote:  Wittmann, aye; Hutton, 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 - Feb. 16

Request for Bids
Bids will be received at the Nemaha Natural Resources District, 62161 Hwy 136, Tecumseh,  NE 68450, until 4:00 p.m. Tuesday, March 6, 2012, for a 3-point, mounted, 5 or 6 foot, rotary disc mower. For more information, contact the NNRD at (402) 335-3325.
Herald - Feb. 16




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, February 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  www.nemahacounty.ne.gov.
Joyce Oakley
Nemaha County Clerk
Herald - Feb. 16




NOTICE OF PUBLIC HEARING
The Village of Brock Board of Trustees will hold a public hearing on Wednesday, February 15, 2012 at 6:30 p.m. at the Brock Community Building, 705 Main Street, Brock, Nebraska.  The purpose of this hearing is to consider the appeal of Mr. John and Mrs. Ruby Harney on the nuisance violations for the following properties: Brock O T BLK 11 SUB I (S32’ of LT 6) on Main Street; STARR & CAMPBELL SECOND ADD TO BROCK BLK 14 LT 6 on Main Street; 607 Main Street and 201 8th Street.
Herald - Feb. 16




NOTICE OF MEETING
The Nemaha County Visitors committee will meet February 20, 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 - February 16




NOTICE
IN THE COUNTY COURT OF NEMAHA COUNTY, NEBRASKA
Estate of ROBERT A. COLE, Deceased
Estate No. PR12-5
Notice is hereby given that a Petition for Formal Probate of Will of said Deceased, Determination of Heirship, and Appointment of Cathleen D. Pierson and Allison L. Caspers as Personal Corepresentatives has been filed and is set for hearing in the County Court of Nemaha County, Nebraska, located at 1824 N Street, Auburn, Nebraska 68305 on March 8, 2012, at or after 10:30 o’clock a.m.
Cathleen D. Pierson, Petitioner
4324 South 169 Ave. Circle
Omaha, NE 68135
(402) 895-6042

Allison L. Caspers, Petitioner
72759 624th Ave.
Tecumseh, NE 68450
(402) 335-2580

Albert G. Fuller, #11405
Fuller Law Office
910 13th Street
Auburn, NE 68305
(402) 274-4321
Herald - February 16, 23, March 1




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




PROCEEDINGS OF THE NEMAHA COUNTY
COMMISSIONERS MEETING
FEBRUARY 8, 2012
County Board of Commissioners of the County of Nemaha, State of Nebraska met on February 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 February 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 8:15 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.
Motion by Wittmann, seconded by Bohling to approve the agenda as presented.  Roll call vote: Wittmann, aye; Hutton, aye; Bohling, aye.
Motion by Bohling, seconded by Wittmann to approve the January 25, 2012 regular scheduled meeting minutes with no corrections.  Roll call vote: Bohling, aye; Wittmann, 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; Wittmann, aye; Bohling, aye.
Josh Behrends and Pam Alexander, Rural Water District #2 were present indicating they are wanting to install a permanent fence around the pump station located in the NW ¼ NW ¼ of Section 11 T5N R12E.  Board told Rural Water district to place the fence on their property and not to encroach the fence on county road right of way.
Noxious Weed Board Members Phillip Walker, Chuck Hines, Mark DeBuhr and Joe Moody were present at the meeting to discuss the reappointment of Marvin Palmer, Noxious Weed Superintendent for Nemaha County for 2012.  No action was taken.
Motion by Bohling, seconded by Wittmann to adopt Resolution 2012-04 approving the Engineering Services Agreement with NDOR for Fracture Critical Bridge Inspections and Re-Load Ratings for the bridge designated in the resolution.  Roll call vote:  Hutton, aye; Bohling, aye; Wittmann, aye.
Motion by Bohling, seconded by Wittmann to adopt Resolution 2012-05 Withdrawal of Dormant Federal Aid Bridge Projects:  Nemaha Southwest STPE-BRS-3645(9); Auburn Southeast BRO-7064(6); Nemaha South BRO-7064(10); Brownville Northwest BRO-7064(11); Johnson North BRO-7064(12); Peru Northwest BRO-7064(15); Peru Northwest BRO-7064(16); Peru West BRO-7064(17).  Roll call vote:  Bohling, aye; Hutton, aye; Wittmann, aye.
Motion by Wittmann, seconded by Bohling to place communications facilities between Sections 21 T4N R15E & 22 T4N R15E.  Roll call vote: Wittmann, aye; Hutton, aye; Bohling, aye.  
Board sine die at 11:35 a.m. to meet as Board of Equalization.
Board reconvened at 12:13 p.m. to meet as Board of Commissioners.
The following claims were approved for payment by the Board of Commissioners and authorize the County Clerk for payment:
General
Salaries    $31,603.00
Action Tech, se    596.98
Alamar Uniform, su    409.79
American Recycling, se    1,293.65
Ameritas Life, ret    4,802.49
AS Central Finance, se    448.00
Aub Newspaper, pub    768.69
Automated Sys, se    105.00
Black Hills, ut    44.15
Blue Rivers, se    1,885.75
Blue Valley, me se    525.00
Bd Public Works, ut    4,549.61
Capital Bus, ma ag    139.32
Constellation, ut    833.18
Credit Manage, garn    110.00
Culligan, su    83.75
CVSOAN, du    135.00
Des Moines Stamp, su    122.05
Discount Office, su    643.00
Eakes Office, su    58.80
Fankhauser, Allen, cont    4,266.67
GE Capital, ma ag    34.61
Hutton, Bob, mi    167.06
Kathleen Laughlin, garn    207.00
Kruger, Mary, mi    22.20
Lavigne Const, bldg re    1,577.57
Lesoing, Gary, mi    130.44
Ligouri, Louie, reim    21.22
Lueders Petro, fu    2,261.08
Martin, V Marie, cont    1,782.48
Maximus, se    2,537.50
Microfilm Image, se    123.00
Midwest Card, su    445.00
MIPS Inc, sftwr    1,177.97
Modern Methods, cont    532.66
NACO, reg    90.00
NE Assoc Treas, du    75.00
Nem Co Ag Soc, rt    80.00
Nem Co Clerk, hra    4,806.40
Nem Co Court, fe    256.59
Nem Co Sheriff, fe, mi    403.44
Nem Co Tax, ss, fwh    9,028.85
Nutsch-Fulton, K, mi    66.81
OPPD, ut    31.23
Otoe Co Sheriff, se    18.50
Paper Tiger, se    35.00
Quill, su    823.42
RDJ Special, su    168.10
Rieger, Rachel, bd pr    2,041.90
Sack Lumber, su    10.97
Saunders Co Sher, se    37.89
Shell Fleet, fu    491.44
Smith, Richard, atty fe    290.00
SE Design, su    214.36
Striggows, se    1,000.00
The Cleaners, se    405.00
The Hartford, annt    100.00
The Printer Store, su    28.00
U-Save Pharm, me su    35.90
Verizon Wireless, se    483.73
Vlach, Richard, su    64.15
Road
Salaries    14,509.23
Ace Irrigation, se    5,562.84
American Recycle, se    59.00
Ameritas Life, ret    2,149.92
Bd Public Works,ut    1,713.05
Champlin Tire, se    1,707.02
Constellation, ut    226.35
Eggers Bros, su, pts    288.79
Johnson Quik, ti re,pts    13.49
Lawson Prod, su    94.91
Lueders, fu, oil    16,427.40
Mainelli Wagner, se    7,182.00
Martin Marietta, rk    29,574.94
Mellage Truck, pts    10.72
Midwest Service,su    807.70
Nem Co Tax, ss, fwh    4,320.02
Newman Traffic,sgn    450.58
Powerplan, pts    60.22
Sack Lumber, su    27.81
Schneider Ok, ti re    428.00
Village Johnson, ut    276.00
Village Nemaha, ut    66.63
Drug Coalition
Salaries    $2,012.25
Ameritas Life, ret    255.43
Burkhart Adv, adv    200.00
NADAA, pstg    44.00
Nem Co Tax, ss, fwh    505.84
Nem Co Treas, fe    2,500.00
Osborne, Laura, mi    126.54
Pioneer, su    10.00
Tri-State Office, su    84.99
Hospital Bond
Fremont Nat’l, fe    450.00
911 Emergency Service
American Tower, se    689.52
With no further business to come before the Board of Commissioners, motion by Wittmann, seconded by Bohling to adjourn at 12:27 p.m.
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 is February 22, 2012 in the Commissioners Chambers, Courthouse, Auburn NE.
Herald - Feb. 16




PUBLIC NOTICE
Annual Meeting of the Rural Water Dist. #1, Nemaha County Nebraska. Notice is hereby given that the annual meeting of the participating members of Rural Water Dist. #1, Nemaha County, Nebraska will be held Monday, February 27, 2012 beginning at 7:00 P.M. at the Brownville Town Hall in Brownville, NE. AGENDA: Election of Two (2) directors for a term of 3 years. Discussion of policies, and any other business that might come before the meeting. The monthly meeting of the Board of Directors, which is open to the public, will be held following the adjournment of Annual Meeting
Clay Kennedy, Secretary
Rural Water Dist. #1
Nemaha County, Nebraska
Herald - February 9, 16




Notice of Trustee’s Sale
TS No.: 10-0045256 TSG
No.: 10-6-160034A
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 North Street, Auburn, NE, on the March 26, 2012 between the hours of 9 A.M. and 5 P.M. (10:00 AM): LOT 1, BLOCK 32, OF HOWE AND NIXON’S SECOND ADDITION TO THE CITY OF 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 ASAP# 4191486 02/16/2012, 02/23/2012, 03/01/2012, 03/08/2012, 03/15/2012
Herald - Feb. 16, 23, March 1, 8, 15




STATE OF NEBRASKA
LIMITED LIABILITY
COMPANY CERTIFICATE OF
ORGANIZATION
J&D’s Essentials LLC
FIRST: The name of the limited liability company is J&D’s Essentials LLC.
SECOND: The street and mailing address of its designated office in the state of Nebraska is 73400 638 Ave., Auburn, Nebraska 68305.
THIRD: The street and mailing address of its agent for service of process in the state of Nebraska is 73400 638 Ave., Auburn, Nebraska 68305. The name of its agent for service of process is Jeff Beatty.
FOURTH: The personal liability of the members and managers of the company for monetary damages for breach of fiduciary duty shall be eliminated to the fullest extent permissible under Nebraska law. The company is authorized to indemnify its members and managers to the fullest extent permissible under Nebraska law.
IN WITNESS WHEREOF, the undersigned has executed this Certificate of Organization on the date below.
Date: January 11, 2012
LegalZoom.com, Inc., Organizer
By: Karla Figueroa, Assistant Secretary
Herald - February 9, 16, 23




NOTICE OF PROPOSED SALE
Notice is hereby given that pursuant to the Resolution for the sale of real estate, Passed and Approved by the City of Auburn on January 23, 2012, the City of Auburn may sell the below legally described real estate in accordance with the terms stated below.
REAL ESTATE TO BE SOLD:
Lots Nine (9), Ten (10), Eleven (11) and Twelve (12), Block Twenty-Nine (29) in Sheridan, now Auburn, Nemaha County, Nebraska;
TERMS AND CONDITIONS:
1. That the BUYER of said real estate from the City shall accept said property under agreement with the City that the BUYER will pay twenty percent (20%) of purchase price paid on the day of the sale with the remainder due within thirty (30) days of confirmation of the sale by passing of ordinance;
2. That the City will order and provide a title insurance policy insuring marketable title to the purchaser upon the request of the purchaser on the day of the auction. The cost of the title Insurance policy shall be split 50/50, and shall be paid at closing;
3. That real estate taxes on said property will be prorated to the date of closing;  
4. That the Mayor is authorized to sign any necessary agreements or contracts on behalf of the City of Auburn in carrying out the provisions herein.
5. That the City reserves the right to reject any and all bids.
6. That the Mayor and City Clerk will give a Warranty Deed to the Purchaser upon payment of the full purchase price. All payments shall be made by cash or certified funds. Possession will be given to the purchaser upon making full payment at closing.
7. The Buyer purchases and accepts said real estate “AS IS”, on buyer’s personal inspection, without condition or warranty by the City unless otherwise agreed to in written.  
The auction will be held on Saturday, April 7, 2012, at 10:00 o’clock a.m. at the 4-H Building, Auburn, Nebraska, and shall be conducted by Dick Stich auctioneer (associate broker and auctioneer with Bulldog Realty and Property Management). The high bid will be considered by the Mayor and City Council at regular meeting. The City reserves the right to reject any and all bids.
Dated this 23rd day of January, 2012
Sherry Heskett, Municipal Clerk
of the City of Auburn, Nebraska
Herald - Feb. 9, 16, 23




NOTICE OF PROPOSED SALE
Notice is hereby given that pursuant to the Resolution for the sale of real estate, Passed and Approved by the City of Auburn on January 23, 2012, the City of Auburn may sell the below legally described real estate in accordance with the terms stated below.
REAL ESTATE TO BE SOLD:
Lots One Hundred Six (106) and One Hundred Seven (107), in Crestview Addition to the City of Auburn, Nemaha County, Nebraska.
TERMS AND CONDITIONS:
1. That the BUYER of said real estate from the City shall accept said property under agreement with the City that the BUYER will pay twenty percent (20%) of purchase price paid on the day of the sale with the remainder due within thirty (30) days of confirmation of the sale by passing of ordinance;
2. That the City will order and provide a title insurance policy insuring marketable title to the purchaser upon the request of the purchaser on the day of the auction. The cost of the title Insurance policy shall be split 50/50, and shall be paid at closing;
3. That real estate taxes on said property will be prorated to the date of closing;  
4. That the Mayor is authorized to sign any necessary agreements or contracts on behalf of the City of Auburn in carrying out the provisions herein.
5. That the City reserves the right to reject any and all bids.
6. That the Mayor and City Clerk will give a Warranty Deed to the Purchaser upon payment of the full purchase price. All payments shall be made by cash or certified funds. Possession will be given to the purchaser upon making full payment at closing.
7. The Buyer purchases and accepts said real estate “AS IS”, on buyer’s personal inspection, without condition or warranty by the City unless otherwise agreed to in written.  
The auction will be held on Saturday, April 7, 2012, at 10:00 o’clock a.m. at the 4-H Building, Auburn, Nebraska, and shall be conducted by Dick Stich auctioneer (associate broker and auctioneer with Bulldog Realty and Property Management). The high bid will be considered by the Mayor and City Council at regular meeting. The City reserves the right to reject any and all bids.
Dated this 23rd day of January, 2012
Sherry Heskett, Municipal Clerk
of the City of Auburn, Nebraska.
Herald - Feb. 9, 16, 23




PUBLIC NOTICE
Notice is hereby given that the One and Six Year Road and Street Plan for the County of Nemaha, State of Nebraska, as required by Neb. State Statute §39-2119 et seq. R.S.S. (Supp. 1969) has been recommended for approval by the Board of Commissioners of the County of Nemaha, and that a public hearing will be held on said One and Six Year Road and Street Plan on the 22nd day of February, 2012 10:00 a.m., Commissioners Chambers, Suite 201, Nemaha County Courthouse, at which time objections to or recommendations for said Plan will be heard.
Copies of said One and Six Year Plan are available for inspection at the Nemaha County Clerk’s Office, located in Suite 201, Courthouse, Auburn NE.
Joyce Oakley
County Clerk
County of Nemaha, Nebraska
Herald - Feb. 2, 9, 16




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 $92,500.00 executed by Steven W. Van Der Kamp and Brandy J. Van Der Kamp, husband and wife, which was filed for record on August 31, 2007 in Book 175 at Page 262 of the Mortgage Records in the office of the Register of Deeds 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, City of Auburn, Nemaha County, Nebraska at 10:00 AM on March 21, 2012:
Lot Seven (7), in Block One Hundred Ninety-eight (198) of Neal’s Addition to Peru, 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.

Eric H. Lindquist
Successor Trustee
Herald - Feb. 9, 16, 23, March 1, 8




NOTICE OF TRUSTEE’S SALE
For default in the payment of debt secured by a deed of trust executed by Megan D. Prell, dated January 5, 2007, and recorded on January 8, 2007, in Book No. 172, at Page 277 in the Office of the Recorder of Deeds, Nemaha County, Nebraska, the undersigned Successor Trustee will on March 13, 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:
A tract of land in the Northeast Quarter (NE 1/4) of Section Seventeen (17), Township Four (4) North, Range Thirteen (13) East of the 6th P.M. in Nemaha County, Nebraska, being more particularly described as follows:  Beginning at the Northeast corner of said Section 17, thence S00 02’ 18” W (assumed bearing) along the East line of said Section 17 a distance of 188.27 feet; thence S 24 degrees 56’ 36” W a distance of 131.53 feet; thence N89 degrees 45’ 00” W a distance of 283.43 feet; thence N 00 degrees 00’ 00” E a distance of 306.29 feet to the North line of said section 17; thence S 90 degrees 00’ 00” E along the North line of said section 17 a distance of 339.02 feet to the point of beginning.
Ingress-Egress Easement over and across a tract of land described as commencing at the Northeast corner of Section 17, Township 4 North, Range 13 East of the Section 17, a distance of 33.0 feet to the point of beginning; thence S 90 00’00” E a distance of 33.0 feet thence S 00 02’ 18” W a distance of 15; MORE CORRECTLY DESCRIBED AS:
Tract No. 1: A tract of land in the Northeast Quarter (NE 1⁄4) of Section Seventeen (17), Township Four (4) North, Range Thirteen (13) East of the 6th P.M. in Nemaha County, Nebraska, being more particularly described as follows: Beginning at the Northeast corner of said Section 17; thence South 00° 02’ 18” West (assumed bearing) along the East line of said Section 17 a distance of 188.27 feet; thence South 24° 56’ 36” West a distance of 131.53 feet; thence North 89° 45’ 00” West a distance of 283.43 feet; thence North 00° 00’ 00” East a distance of 306.29 feet to the North line of said Section 17; thence South 90° 00’ 00” East along the North line of said Section 17 a distance of 339.02 feet to the point of beginning.
Tract No. 2: Ingress-Egress Easement over and across a tract of land described as commencing at the Northeast corner of Section 17, Township 4 North, Range 13 East of the 6th P.M. in Nemaha County, Nebraska; thence South 00° 02’ 18” West along the East line of said Section 17, a distance of 33.0 feet to the point of beginning; thence South 90° 00’ 00” East a distance of 33.0 feet; thence South 00° 02’ 18” West, a distance of 155.29 feet; thence North 89° 57’ 42” West a distance of 33.0 feet; thence North 00° 02’ 18” East along the East line of said Section 17 a distance of 155.27 feet to the point of beginning, commonly known as 63201 724th Road, Auburn, NE, 68305
subject to all prior easements, restrictions, reservations, covenants and encumbrances now of record, if any, to satisfy the debt and costs.
Edward Brink, Successor Trustee
First Publication:  February 2, 2012
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. 132920). For more information, visit   PRIVATE HREF=”http://www.southlaw.com” MACROBUTTON HtmlResAnchor www.Southlaw.com
Herald - Feb 2, 9, 16, 23, March 1




NOTICE OF ORGANIZATION
NOTICE IS HEREBY GIVEN that Kennedy Farm & Trucking, LLC, a Nebraska Limited Liability Company, is organized under the laws of the State of Nebraska, with its designated office at 71898 648 Ave., Shubert, NE 68437. The general nature of its business is to engage in and to do any lawful act concerning any and all lawful business for which a limited liability company may be organized under the laws of Nebraska, including trucking and farming, and for all other purposes authorized by law, to the same extent as natural persons might or could do. The limited liability company time f commencement was on January 20, 2012, and will have perpetual existence unless dissolved in accordance with its Certificate of Organization, its Operating Agreement or the Nebraska Uniform Limited Liability Companyu Act. Its affairs shall be managed by its Members.
Chad J. Kennedy, Member
71898 648 Ave.
Shubert, NE 68437
Herald - February 2, 9, 16