Council Proceedings
October 11, 2010
The Mayor and Council of the City of Auburn, Nemaha County, Nebraska, were called to meet at the City Hall at 1101 “J” Street on October 11, 2010, at 7:00 o’clock P.M., in Regular Meeting, open to the general public.
The meeting was called to order by Mayor Robert B. Engles.  Upon roll call, the following members of the City Council were present:   Holtzman, Snyder, Erickson, and Thomas.   Absent: Wittmann and Critser.
Mayor Engles announced that the Open Meetings Act is posted on the North wall of the Chambers by the entrance door.
Council approved the agenda.
Marvin Gerdes addressed the Mayor and City Council concerning the operating budget for the senior center.  
Council approved the September 27, 2010 meeting’s minutes as written.
Council approved the financial report.
The following claims were presented before the Council:  American Family Life Assurance Company, Wh-68.95; Ameritas Life Insurance Co., Wh-2701.21; Austin Richardson, UA-75.00; Clinton Stonebarger, UA-75.00; Eric Adams, UA-75.00; Internal Revenue Service, Wh-6950.52; Jeffrey Timmerman, Ua-75.00; Matthew Thompson, UA-75.00; NE Dept. of Revenue, Wh-1745.75; Nebraska Child Support Payment, Wh-187.50; R. Daniel White, UA-75.00; Southeast NE Development District, Se-2099.19; Winkelman & Son Construction, Se-31200.00; Payroll-25870.39; Action Technology Services, Se-300.00; American Lawncare Inc., Se-900.00; American Recycling & Sanitation, Se-183.50; Annie Thomas, Reim-178.65; Auburn Memorial Library Petty Cash, Su-64.35; Auburn Newspapers, Se-496.52; Auburn Plumbing, Htg & AC Inc., Se-Su-1117.21; Board of Public Works, Ut-4587.89; Bobcat of Omaha, Su-57.56; Bowman Equipment & Repair, Se-525.00; Casey Agency Inc., Ins-55478.00; Darrel Volker Construction, Su-389.20; Demco, 294.13; Dennis Wittmann, Reim-189.00; Eggers Brothers Inc., Su-444.87; Farmers Union Cooperative Supply, Su-13.75; Five Nines Technology, Se-63.70; General Fire and Safety Equipment, Se-Maint-1005.25; Glenn’s Corner Market, Su-94.00; Holiday Inn, Ex-144.00; IIMC, Mem-135.00; JEO Consulting Group Inc., Se-1189.50; League of NE Municipalities, Reg-Ex-739.00; Linda Bantz, Se-302.95; Lynch’s Hardware & Gifts, Su-218.28; Mark Harms, Ex-500.00; Mellage Truck & Tractor, Su-12.97; Midwest Service and Sales Co, Su-66.00; Nemaha County, Se-4512.95; OMB Guns, Equip-742.50; Orscheln, Su-12.99; Postmaster, Su-88.00; Reiman Publications, Bk-29.98; Sack Lumber Co, Su-137.69; Schneider OK Tire Stores Inc., Su-Se-1428.69; Stutheit Implement Co., Su-19.75; Sunmart, Su-21.18; The Cleaners, Se-25.00; Thiele Geotech Inc., Se-1600.00; Time Warner Cable, Se-94.95; Tri-State Office Products, Su-1020.28; Wright Express, Su-1896.69.    
Abbreviations for this legal:  AV-Audio Visual; Bk-Book; Contrib-Contribution; Equip-Equipment; Ex-Expense; Fe-Fee; Ins-Insurance; Inspect-Inspection; Int-Interest; Inv-Economic Development Investment; Lic-Licenses; Maint-Maintenance; Mem-Membership; Pen-Pension; Per-Periodical; Re-Repairs; Ref-Reference Materials; Reg-Registration; Reim-Reimbursement; Se-Service; Su-Supplies, Material & Parts; Sub-Subscription; UA-Uniform Allowance; Ut-Utilities; Wh-Withholding.
Council approved the claims presented.
There weren’t any requests to attend meetings.
Discussion was held regarding the possible placement of “No Truck Parking” signs south of the 1000 Block of 11th Street.  No action was taken.
Reports were given by the following department heads: police department, fire department, library, city services and City Treasurer.  Written financial reports were given on sales tax receipts and the Board of Public Works.
Reports were given by the following committees:  Street, Keep Auburn Beautiful, Economic Development, Safety, Building Committee and Legislative.   A written financial report was provided from the Community Redevelopment Authority.
Council confirmed the appointment of Chad Stickel to the Auburn City Recreation Committee.
There being no further business to come before the Mayor and Council, the City Council adjourned.
Sherry Heskett,
City Clerk
Robert B. Engles,
Mayor
A complete copy of the minutes is available for inspection at City Hall.
Herald - October 28

ANNUAL REPORT OF ACTIVITIES
Educational Service Unit 4, Auburn, NE
2009-2010 School Year

This report is not intended to be an all-inclusive document.  Additional information on any phase of this report can be obtained by contacting the Office of Educational Service Unit 4, P.O. Box 310, Auburn, NE 68305 or call (402) 274-4354.  The office is located at 919 - 16th Street in Auburn.  ESU 4 has a home page at  HYPERLINK “http://www.esu4.org” www.esu4.org.  

Activities
During the school year, ESU 4 provided, at a minimum, the following mandated and requested services:  Technology and Media services, including internet connectivity and distance learning opportunities and support, media and software library services and support.  Special Education services including, but not limited to:  speech-language pathology, psychology and audiology services. Also, early childhood, learning disabled and multi-handicapped services and special education administrative services. The service unit has a certified nursing staff who works with staff, parent and student regarding health issues. Professional Development services include, but are not limited to:  curriculum, instruction, standards/assessment planning and development, school improvement assistance and State and Federal grant projects.  ESU 4 also contracts with the State of Nebraska to provide administrative, support, and educational services for the Nebraska Center for the Education of Children Who Are Blind or Visually Impaired (NCECBVI) located in Nebraska City, NE. ESU 4 also chose to take advantage of a law, whereby insurance costs for the unit can be taken from the budget. This plan will allow ESU 4 to get cash buildup as well as a plan for a new building for the children’s special education plans. A new building was built on the site the board purchased several years ago for this purpose. ESU 4 students and staff moved into the building and began classes in January 2009. Our students love the new facility. Teachers, para-educators and parents love the building as well. The ESU 4 Learning Center is located at 1109 R Street, Auburn, Nebraska.

Mission Statement
The mission of ESU 4 is to improve student learning through a commitment to communication, accountability and leadership.
The mission is supported by the following belief statements:  
We believe honest and accurate communication enables quality services.
We believe effective professionals are accountable.
We believe leadership provides vision.

Area Served
Educational Service Unit 4 provides supplemental educational services to the public and parochial schools in Johnson, Nemaha, Otoe, Pawnee, and Richardson counties.  These five counties are located in the southeast corner of Nebraska, encompassing a geographical area of 2,477 square miles.  During the school year the student population in these counties was approximately 6,837; the number of teachers and administrators totaled approximately 740.

Board of Educational Service Unit 4
The Educational Service Unit Board consists of nine members from the five counties served. Term of office is four years.
Members of the Educational Service Unit 4 Board are:
Jay Hauserman, President        District 4
Clarence Hupka, Vice President           District 6
Harriett Dokken, Secretary        District 3
Faye Booth        District 7
Linda Engel        District 8
Allison Hayes        District 9
Tom Osborne         District 5
Leslie Stevens        District 1
Lana Willman        District 2
Kathy Taylor        Treasurer

Jon Fisher serves the unit as administrator.  There are 70 staff members at ESU 4 and the Nebraska Center for the Education of Children Who Are Blind or Visually Impaired (NCECBVI).
The Board meets in regular session on the second Monday of each month, except July, at the Educational Service Unit 4 Office, 919 - 16th Street, Auburn, Nebraska. Notice of these meetings is printed in the local newspapers. The meetings are open to the public.

Advisory Committee of Educational Service Unit 4
Educational Service Unit 4 is accredited by the Nebraska Department of Education and is served by an advisory committee composed of school superintendents, other administrators, and a representative from Peru State College.

Educational Service Unit 4 – 2009-2010
Summary of General Fund Expenditures (Budgeted)

Receipts (Budgeted)
Special Education    $1,517,195.00
Programs &
Services to Schools
Support Services    $   918,640.00
Core Services (Staff     $   572,840.00
Development,
Technology,
Media)
Non-Revenue Flow-    $   483,535.00
Through
NCECBVI        $2,441,440.00
Federal Programs    $   396,660.00
Debt Service        $1,095,000.00
Total    $7,425,310.00

Summary of Anticipated

Local Receipts        $3,299,939.00
Support Services

State Receipts        $2,334,860.00
Federal Receipts    $   396,660.00



Non-Revenue Receipts    $     30,000.00
Receipts
Other            $1,363,851.00

Total         $7,425,310.00

MINUTES OF THE MEETING OF THE BOARD OF PUBLIC WORKS OF THE CITY OF AUBURN, NEMAHA COUNTY, NEBRASKA
HELD OCTOBER 11, 2010
THE BOARD OF PUBLIC WORKS OF THE CITY OF AUBURN, NEMAHA COUNTY, NEBRASKA (BPW), met in regular session on the 11th of October, 2010 at the regular meeting place of the Board at the hour of 12:00 p.m.   This meeting was held in open session as required by Chapter 84, Article 14 of Nebraska Statutes.
Chairman Schneider called the meeting to order and requested roll call:  Members present - Hahn, Glenn, Kubik, Snyder, and Schneider.  
Chairman Schneider announced this was an open meeting and information about open meetings was posted on the north wall of the Board Room.
Chairman Schneider noted all Board Members have received a copy of the Agenda for this meeting.
Chairman Schneider recognized visitors and asked if anyone wanted to address the Board.  Dottie Holliday, Betty Smith, and Chris Erickson addressed the board about questions and concerns they had regarding capacity fees.  Dottie Holliday also read a prepared statement.
General Manager (GM) Dave Hunter introduced two new employees of the Board of Public Works:  Alan Slater – Water / Waste Water Operator and Kirk Faulks – 2nd Class Lineman.
Chairman Schneider introduced John Heil, the board’s attorney, from Baird Holm who addressed the group regarding the Open Meetings Act.  Mr. Heil concluded that the Board was not out of compliance with the Open Meetings Act.
GM Hunter informed the Board about a meeting that was held between Willard Kuhlmann, Tom Gulizia, Eric Bohling, Carla Mason, Dick Hahn, Melissa Sierks and himself regarding capacity fees.  At the conclusion of the meeting, the suggestion of the group was that capacity fees be waived and that the Board continue charging for services provided and material used.  Dick Hahn made a motion that the Board no longer charge capacity fees for water and sewer for new construction of single and multi – family dwellings.  Dan Snyder seconded the motion.  Roll call:  those voting aye – Hahn, Kubik, Snyder, Schneider:  those voting nay - Glenn.  Chairman Schneider declared the motion carried.
GM Hunter presented a report to the Board showing the impact that the NPPD rate increase was likely to have on BPW customers.  GM Hunter also reviewed for the Board the rates of other NPPD retail towns showing that the rates are comparable with other NPPD retail clients.
GM Hunter presented a report to the Board showing the preliminary 2011 water budget and the impact it would have on BPW customers.  The rate increase calculated to be approximately $3.00 per customer.
GM Hunter reported that the wastewater treatment plant was essentially completed.  The interim construction loan with Auburn State Bank has been closed out.  The grand opening will be held on October 20th at 11:00 a.m. – 1:00 p.m.  There will be a ribbon cutting ceremony at 12:15 p.m.
Accounting & Finance Manager (AFM) Melissa Sierks requested the Board’s approval for an authorization for automatic payment on the USDA bonds.  A motion was made by Member Kubik to approve the authorization for automatic payments.  Member Snyder seconded the motion.  Roll call:  those voting aye – Glenn, Hahn, Kubik, Snyder, Schneider.  Chairman Schneider declared the motion carried.
GM Hunter reported that work on the water plant was slow.  He stated that most of the issues were related to equipment and material vendors not hitting their delivery dates.  The work that has been done is very good.  The contractor, Eriksen Construction, has submitted a request for payment in the amount of $413,106.22.  Member Hahn made a motion that the payment be approved.  Member Kubik seconded the motion.  Roll call:  those voting aye – Glenn, Hahn, Kubik, Snyder, Schneider.  Chairman Schneider declared the motion carried.
GM Hunter reported that 6th Street Sewer Phase I is complete except for some negotiation regarding the final numbers.  After the negotiation, there is a change order in the amount of $35,893.07.  The amount originally requested by the contractor was $132,000.  Member Glenn made a motion that the change order be approved.  Member Snyder seconded the motion.  Roll call:  those voting aye – Glenn, Hahn, Kubik, Snyder, Schneider.  Chairman Schneider declared the motion carried.
The contractor, Van Kirk Bros. Contracting, has submitted a request for payment in the amount of $45,017.19.  Member Snyder made a motion that the payment be approved.  Member Kubik seconded the motion.  Roll call:  those voting aye – Glenn, Hahn, Kubik, Snyder, Schneider.  Chairman Schneider declared the motion carried.
GM Hunter reported that 6th Street Sewer Phase II was completed and that they were working with the contractor on some minor cleanup items.  Final payment has been sent to the contractor and this project is done.
GM Hunter let the board know that the new lift station / sewer line project would require an environmental study.  The study should be completed on October 20th so the bid opening was delayed until the 21st to meet this requirement.  A recommendation regarding the bids will be made at the next Board Meeting.
Included in the packet was a summary sheet on the waste water projects that shows that there will be approximately $100,000 remaining from the USDA grant after the lift station / sewer line project was completed.  GM Hunter stated that after the bids were received on the lift station / sewer line project, more information would be available in terms of how much money remains for further projects in the waste water department.
GM Hunter requested permission to discuss some employee performance issues and evaluations with the Board.  Member Glenn made a motion to enter executive session.  Member Hahn seconded the motion.  Roll call:  those voting aye – Glenn, Hahn, Kubik, Snyder, Schneider.  Chairman Schneider declared the motion carried.  Executive session was entered at 1:24 p.m.  Member Hahn made a motion to exit executive session.  Member Kubik seconded the motion.  Roll call:  those voting aye – Glenn, Hahn, Kubik, Snyder, Schneider.  Executive session was exited at 2:08 p.m.
GM Hunter reported that Betty has completed the Wage & Benefit Review and presented a copy of the findings to the Board for their review.  GM Hunter stated that he would make recommendations regarding salaries and benefits at the next meeting.
AFM Sierks reported that it was time to submit to the State of Nebraska the unclaimed property currently being held by the Board of Public Works.  Sierks recommended that $14.96 for overpayment on bills be submitted to the state.  Member Hahn made a motion to approve the payment to the State of Nebraska for $14.96.  Member Snyder seconded the motion.  Roll call:  those voting aye – Glenn, Hahn, Kubik, Snyder, Schneider.  Chairman Schneider declared the motion carried.
AFM Sierks informed the Board that the lease on the copier would expire in November and that after examining the proposals from several companies, she recommended that a four year lease be taken with Modern Methods.  Member Hahn made a motion to accept the proposal of Modern Methods for a four year lease on a copier.  Member Snyder seconded the motion.  Roll call:  those voting aye – Glenn, Hahn, Kubik, Snyder, Schneider.  Chairman Schneider declared the motion carried.
Concerning Financial:
AFM Sierks reported that the following CD’s would mature in October:  Carson National Bank:  16287 – Electric, 16288 – Electric:  Auburn State Bank:  22631 – Electric, 22633 – Sewer:  First National Bank:  23814 – Electric.  AFM Sierks recommended that the CD’s be renewed for another year.  Member Glenn made a motion to renew the CD’s at there current location.  Member Kubik seconded the motion.  Roll call:  those voting aye – Glenn, Hahn, Kubik, Snyder, Schneider.  Chairman Schneider declared the motion carried.
Chairman Schneider asked for any objections or exceptions to the General Consent Items listed under Agenda Item #21.  Motion was moved by Member Hahn, seconded by Member Glenn, the Board approve the General Consent Items listed below:
a)    Approve the previous meeting’s minutes and dispense with reading of same,
b)    Approve monthly compensation of officers, management and employees as previously fixed by the Board,
c)    Approve, ratify and allow the following checks written/transfers during the month:

Checks Written During the Month of September 2010:
Nebraska Department of Revenue
34,082.23
Constellation Energy
1,809.25
JI Special Risks Insurance Agency
1,356.00
Meadowbrook Insurance Group
50.00
USDA Rural Development
4,694.96
Nebraska State Treasurer
14.96
HHS – State of Nebraska
173.79
Approve the following claims submitted for payment:
Action Technology Services    799.71
American Recycling    68.00
American Safety Utility Corp.            143.66
Amsan    98.65
AFHC    192.00
Postmaster    1,376.00
Austin International Inc    850.00
Avenue Of Flags Committee    35.00
Baird Holm    10,416.60
Beard’s Salvage    21.90
Beauchamp, Daniel     11.17
Black Hills    50.00
BPW    13,201.31
BOBCAT OF OMAHA     57.56
Bohl Plumbing & Heating    20.94
BTE Corp.    300.00
Bulldog Auto Parts    396.35
Caselle    3,255.00
Cintas Corp.    889.07
Citrix Systems    479.25
City Of Auburn    9,118.55
Commercial Air Management    379.14
Concrete Industries    619.57
Cook, Connie    303.26
County Publications     517.54
Credit Bureau of Council Bluffs        97.50
D.J. Gongol & Assoc    1,416.90
D.R. Thomas    433.46
Dakota Supply Group    270.05
Dettmer Farm Service    42.00
DHHS State of Nebraska    419.00
Dugan Business Forms    348.73
Dutton-Lainson Company    1,194.14
Eggers Bros    458.08
Engineered Systems     657.64
Eriksen Construction Co.    413,106.22
Farmers Union Cooperative Supply             410.58
First Bank Card Center     452.09
First National Bank     10.00
Fleet Services     1,876.34
Flowers Plus     41.58
Glenn’s Corner Market     386.29
Goering, Rae Ann     200.00
Great Plains One-call Service    78.53
Hawkins    972.77
HDR Engineering    55,718.70
HireRight Solutions    158.90
Hoak, Cady    426.00
H-T-M Sales    1,230.89
Huber Technology    233.52
Husker Electric    5,163.25
IKON Office Solutions    187.44
Kriz-Davis Company    1,286.47
Kuhl Trenching & Excavating            945.00
Kurt A. & Kimberly A. Knippelmier
183.47
Lawson Products    314.46
League Of Municipalities    390.00
Lincoln Electric Supply    194.81
Lincoln Winwater    292.88
Lynch Hardware & Gifts    136.01
Massman Nelson Reinig    11,250.00
McConnoughey, Jack    675.93
McMaster-Carr Supply Company            127.10
Mike’s Window Service    10.65
Municipal Supply of NE    728.63
Muse, Ferida M.    166.54
Nemaha County HHS    970.14
Net Tech    142.47
Niagara Conservation Corp.    476.29
Northern Safety Co.    377.57
NWEA    140.00
Olsson Assoc.    1,500.00
OPPD    8,820.62
Orscheln    111.89
Pamida    245.83
Purelight Productions    2,745.50
Sack Lumber Company     73.60
O.K. Tire    459.28
Schweitzer Engineering Lab    1,110.00
Sunmart    356.63
Tri-state Office    351.43
US Cellular    126.39
Utility Solutions Assoc.    2,179.12
Van Kirk Sand & Gravel    45,017.19
W.W. Grainger    338.25
Water Engineering    1,145.33
WAPA    28,685.30
Wittmann, Dennis    1,150.00
Transfer funds from E-W-WW Revenue funds into checking for expenses, plus the routine interdepartmental transfers to T&D.
Transfer of $400,000 to Checking from Revenue Account.
Approve Free Service Report for furnishing utilities, materials, equipment, inspections and labor to the city free of charge and in lieu of tax payments to the city for the month of September 2010.
Roll call: those voting aye - Glenn, Hahn, Kubik, Snyder, Schneider.  Chairman Schneider declared the motion carried.  
Motion was moved by Member Hahn, seconded by Member Kubik, the Board approve the claim of Glenn’s Corner Market - $64.00.  Roll call:  those voting aye - Hahn, Kubik, Snyder, Schneider; abstaining - Glenn.  Chairman Schneider declared the motion carried.
Motion was moved by Member Glenn, seconded by Member Snyder, the Board approve the claim of Schneider’s O.K. Tire Stores - $349.25.  Roll call:  those voting aye – Glenn, Hahn, Kubik, Snyder; abstaining - Schneider.  Chairman Schneider declared the motion carried.
Reports:
Time Warner New Building
Brownville Motel Feeder Line
Water / Waste Water Dept Update
EnergyFest
LARM
There being no further business to come before the Board, motion was moved by Member Hahn the Board adjourn to the next regular Board Meeting to be held November 8, 2010 at the hour of 12:00 p.m. at the regular meeting place of the Board.  Member Kubik seconded the motion.  Roll call: those voting aye: Glenn, Hahn, Kubik, Snyder, Schneider.  Chairman Schneider declared the meeting adjourned.  Agenda items will be posted.
Richard L. Schneider,
Chairman
ATTEST:
Doug C. Glenn, Secretary
CERTIFICATE
I, Melissa Ann Sierks, Notary Public for the State of Nebraska, do hereby certify the attached and foregoing minutes is a true, correct and conformed copy of proceedings had and done by the Board of Public Works at their September 13, 2010 meeting; all of the subjects acted upon in the foregoing proceedings were contained in the agenda for the meeting, kept continually current and available for public inspection at the Office of the Board; such subjects were contained in the agenda for at least twenty-four hours prior to said meeting; at least one copy of all reproducible material discussed at the meeting was available at the meeting for examination and copying by members of the public; the said minutes were in written form and available for public inspection within ten working days and prior to the next convened meeting of said  body, all in accordance with Chapter 84, Article 14 of Nebraska Statutes.
Melissa Ann Sierks, Notary Public in and for the State of Nebraska.    
My Commission Expires June 15, 2014.
Herald - October 28




City Council Proceedings
September 27, 2010
The Mayor and Council of the City of Auburn, Nemaha County, Nebraska, were called to meet at the City Hall at 1101 “J” Street on September 27, 2010, at 5:00 o’clock P.M., in Regular Meeting, open to the general public.
The meeting was called to order by Mayor Robert B. Engles.  Upon roll call, the following members of the City Council were present:  Erickson, Holtzman, Snyder, Wittmann, and Thomas.  Absent:  Critser.
Mayor Engles announced that the Open Meetings Act is posted on the North wall of the Chambers by the entrance door.
Council approved the agenda.
Dottie Holliday addressed various agenda items and the Open Meetings Act.  Christina England presented an affidavit signed by Betty England and addressed the agenda items involving proposed Resolution No. 23-10 associated with Street Improvement Project No. 2008-1 and proposed Resolution No. 24-10 associated with Street Improvement Project No. 2008-2.  
Council approved the September 13, 2010 meeting’s minutes as written.
The following claims were presented before the Council:  Action Technology Services Inc., Se-1600.00; Amazon, Bk-653.89; American Lawncare Inc., Se-1600.00; Ameritas Life Insurance Corp., Wh-2618.23; Auburn City Rec, Reim-5396.48; Auburn Fire Dept., Reim-585.00; Auburn Memorial Library Petty Cash, Su-63.97; Auburn Public Schools, Lic-Fines-7100.00; Baker & Taylor, Bk-475.33; Beatrice Community Hospital, Se-535.00; Bibliographical Center, Se-47.55; Black Hills Energy, Ut-42.82; Blue Cross-Blue Shield, Ins-14030.92; Board of Public Works, Su-Maint-115.47; Bryan Rock Products Inc., Su-4830.65; Center Point Large Print, Bk-345.58; Central States Fire Apparatus, Se-Maint-591.30; Cornhusker Cleaning Systems Inc., Su-134.90; Five Nines Technology Group, Se-128.70; Follett Software Company, Su-87.85; General Fire and Safety Equipment, Se-165.00; Ikon Office Solutions, Se-Su-115.62; Internal Revenue Service, Wh-5868.60; Jay Von Bergen, Ex-350.00; Jeff Jones, Reim-150.00; Kerns Excavating Co., Se-Su-53630.93; Lang Diesel Inc., Su-295.34; Meadowbrook Insurance Group, Ins-876.00; Midwest Turf & Irrigation, Se-Maint-222.01; NADAA, Contrib-10000.00; Nebraska Bureau of Animal Industry, Lic-250.00; Nebraska Child Support Payment, Wh-187.50; NSA/POAN Conference, Reg-180.00; OCLC Inc., Se-47.11; OMB Guns, Equip-323.90; Orscheln, Su-50.30; Pamida, Su-86.07; PayFlex Systems USA Inc., Fe-14.85; Postmaster, Su-88.00; Randy Bennett, Ex-350.00;  Region V-SENDS, Se-325.00; Shawn Clark, Ex-350.00; Sherry Black, Reim-35.00; Striggow’s Southside Body Shop, Se-650.70; Stutheit Implement Co., Equip-8900.00; The Standard, Ins-518.41; Tincher of Auburn, Se-47.30; Verizon Wireless, Se-132.73; Windstream Nebraska Inc., Ut-1268.48; Wt. Cox Subscriptions, Bk-Per-1308.40; Xerox, Su-Se-580.87; Payroll-17040.48.
Abbreviations for this legal:  AV-Audio Visual; Bk-Book; Contrib-Contribution; Equip-Equipment; Ex-Expense; Fe-Fee; Ins-Insurance; Inspect-Inspection; Int-Interest; Inv-Economic Development Investment; Lic-Licenses; Maint-Maintenance; Mem-Membership; Pen-Pension; Per-Periodical; Re-Repairs; Ref-Reference Materials; Reg-Registration; Reim-Reimbursement; Se-Service; Su-Supplies, Material & Parts; Sub-Subscription; UA-Uniform Allowance; Ut-Utilities; Wh-Withholding.
Council approved the claims presented.
There weren’t any requests to attend meetings.
The funding agreement with the Auburn Chamber of Commerce was approved by the passage and adoption of Resolution No. 19-10.
Public hearing was held to set the final tax request.  There was no opposition.  The final property tax request for fiscal year 2010-2011 was set by the passage and adoption of Resolution No. 21-10.
The Mayor was authorized to proceed with the execution of the consultant contract between Hanna:Keelan and the City of Auburn for the 10-DTR-005 CDBG Downtown Revitalization Phase 1 planning grant by the passage and adoption of Resolution No. 20-10
The specified Refunding Bonds dated March 17, 2004, in the total principal amount of $420,000 were called for payment by the passage and adoption of Resolution No. 22-10
Ordinance No. 10-10, authorizing the issuance of refunding bonds of the City of Auburn, Nebraska in the principal amount of $425,000 issued to refund Refunding Bonds dated March 17, 2004 was approved.
A motion was approved to correct Resolution No. 6-08 due to a typographical error in the preparation of said resolution, as adopted by the Mayor and Council on March 24, 2008 associated with Street Improvement Project No. 2008-1 by the passage and adoption of Resolution No. 23-10.
A motion was approved to correct Resolution No. 11-08 due to a typographical error in the preparation of said resolution, as adopted by the Mayor and Council on April 28, 2008 associated with Street Improvement Project No. 2008-2 by the passage and adoption of Resolution No. 24-10.
NSP1 #095-ND-38 Demolition Project Drawdown #8 for project only funds and the related claims were approved.
As per the KAB and SENDD recommendations the City awarded a contract for CDBG #09-HO-6047 Owner Occupied Housing Rehab Program Project #09-AUB-008 to Geoff Schneider dba Quality Remodeling in the amount of $23,935.00
Council Member Critser arrived at 5:34 p.m.
As per the KAB and SENDD recommendations the City awarded a contract for CDBG #09-HO-6047 Owner Occupied Housing Rehab Program Project #09-AUB-011 to Geoff Schneider dba Quality Remodeling in the amount of $16,075.00
As per the KAB and SENDD recommendations the City awarded a contract for CDBG #09-HO-6047 Owner Occupied Housing Rehab Program Project #09-AUB-013 to Geoff Schneider dba Quality Remodeling in the amount $27,270.00 with the Homeowner paying $2,275 and the CDBG funds paying the contractor $24,995.00.
Clark Painting was approved to paint the fire hall as proposed and in accordance with the City’s specifications subject to receipt of their certificate of insurance.  
With five Council Members (Erickson, Holtzman, Wittmann, Critser, and Thomas) voting in favor and one Council Member (Snyder) voting in opposition, the City Council approved a motion to proceed with engineering for the proposed 2010-2011 asphalt overlay project.
The Mayor reported about a public hearing he attended that addressed the possibility of another nuclear plant being sited in Nebraska and Council Members Thomas and Wittmann reported on the Annual League of Nebraska Municipalities conference they attended last week.  It was announced that a prescription drug collection will be held in Auburn on Saturday October 16th, 2010 in the Pamida Parking Lot (2410 Dahlke Avenue).    
There being no further business to come before the Mayor and Council, the City Council adjourned.
Sherry Heskett,
City Clerk
Robert B. Engles,
Mayor
A complete copy of the minutes is available for inspection at City Hall.
Herald - October 28

NEMAHA COUNTY
EXTENSION BOARD MEETING
The Nemaha County Extension will hold an Extension Board Meeting, Thursday, November 4, 2010, 8:00 p.m. at the NCDA Office in the basement of the Courthouse, Auburn.
Herald - October 28




NOTICE OF TRUSTEE’S SALE
Re:7899.0333
TO WHOM IT MAY CONCERN:
You are hereby notified that the following-described property will be sold by Camille R. Hawk, Attorney at Law, Successor Trustee, at public auction to the highest bidder at the East front door of the Nemaha County Courthouse, in the City of Auburn, Nemaha County, Nebraska on December 2, 2010 at 10:00 a.m.
Lot 1, Block 5, except the South 25 feet thereof, all in Calvert First Addition to Auburn, Nemaha County, Nebraska
commonly known as 2002 M St., Auburn, NE.
The highest bidder will deposit with the Trustee, at the time of the sale, a personal or cashier’s check in the amount of $5,000.00, with the full purchase price, in certified funds, to be received by the Trustee by 5:00 p.m. on the day of the sale, except this requirement is waived when the highest bidder is the beneficiary. (If the sale is held after 1:00 P.M., the deposit requirement remains the same, and the full purchase price, in certified funds, shall be received by the Trustee by 5:00 p.m. the following business day.) The purchaser shall be responsible for all prior liens, all applicable fees, and all taxes, including the documentary stamp tax. This property is sold “as is” and this sale is made without any warranties as to title or condition of the property.

Camille R. Hawk
Attorney at Law, Successor Trustee
Walentine, O’Toole, McQuillan & Gordon
11240 Davenport Street
P.O. Box 540125
Omaha, NE 68154
(402) 330-6300
Herald -Oct. 21, 28 & Nov. 4, 11, 18




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 $73,700.00 executed by Sara A. Koziol and Jay J. Koziol, wife and husband, which was filed for record on May 31, 2002 in Book 151 at Page 187 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 2:00 p.m. on December 1, 2010:
West half of Lots 7 and 8, in Block 8, in Courthouse Addition to Auburn, Nemaha County, Nebraska.
The highest bidder is required to deliver cash or certified funds to the undersigned by the close of business on the day of sale, except this requirement is waived when the highest bidder is the beneficiary. The purchaser is responsible for all fees or taxes, including the documentary stamp tax. This sale is made without any warranties as to title or condition of the property.
Eric H. Lindquist
Successor Trustee
Herald -Oct. 21, 28 & Nov. 4, 11, 18




NOTICE
IN THE COUNTY COURT OF NEMAHA COUNTY, NEBRASKA
Estate of Bessie P. Whitlow, Deceased
Estate Number PR10-38
Notice is hereby given that on the 1st day of October, 2010, 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 Elizabeth L. Miller, whose address is 1519 23rd 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 21st day of December, 2010, 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 Applicants
Herald - October 21, 28 & Nov. 4








NOTICE
IN THE COUNTY COURT OF NEMAHA COUNTY, NEBRASKA
Estate of Bess Griffiths, Deceased
Estate Number PR10-42
Notice is hereby given that on the 18th day of October, 2010, 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 John D. Griffiths, whose address is 1738 S. 85th Avenue, Omaha, Nebraska 68124, 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 21st day of December, 2010, 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 Applicant
Herald - October 21, 28 & Nov. 4




NOTICE OF TRUSTEE’S SALE
The following described property will be sold at public auction to the highest bidder at the East front doors of Nemaha County Courthouse on the 22nd day of November, 2010 at 10:00 o’clock A.M.:
Lots Five (5) and Six (6), Block One Hundred Sixty-Seven (167) in Neal’s Addition, Peru, Nemaha County, Nebraska,
more commonly known as: 916 5th St., Peru, NE  68421.
The property is being sold “as is” and subject to any unpaid real estate taxes, assessments and any lien or interest superior in right which may affect the subject property. The highest bidder will deposit $500.00 in cash or certified funds with the Trustee at the time of the sale, which shall be non-refundable, and the remaining amount due must be paid in cash or certified funds to the Trustee by 4:00 p.m. on the day of the sale; except this requirement is waived when the highest bidder is the current Beneficiary.  The successful bidder shall be responsible for applicable transfer fees or taxes including the documentary stamp tax.
DATED 11th day of October, 2010.
STEFFI A. SWANSON,
Substitute Trustee (12247)
Herald - Oct. 14, 21, 28, Nov. 4, 11




PUBLIC NOTICE
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 November 22,2010 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: Grady McDonald, Team Member RECONTRUST COMPANY, N.A., Trustee 2380 Performance Dr, TX2-984-0407 Richardson, TX 75082 Phone:(800)281-8219 Fax: (805) 553-6392 ASAP# 3763315 10/14/2010, 10/21/2010, 10/28/2010, 11/04/2010, 11/11/2010
Herald - Oct. 14, 21, 28, Nov. 4, 11




NOTICE
IN THE COUNTY COURT OF NEMAHA COUNTY, NEBRASKA
ESTATE OF LEONARD E. ALLEN, DECEASED
PR10-39
Notice is hereby given that on the 8th day of October, 2010 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 Michael Allen, whose address is 507 Nebraska, Nemaha, Nebraska 68414, and Van Allen, whose address is 72344 646 Avenue, Nemaha, Nebraska 68414, were informally appointed by the Registrar as Personal Representatives of the Estate.
Creditors of this Estate must file their claims with this Court on or before December 14, 2010 or be forever barred.
Nancy Hall
Clerk Magistrate
Neal E. Parsons, #13228
Attorney at Law
217 East 18th Street
Falls City, Nebraska 68355
402/245-3088
Herald - October 14, 21, 28



NOTICE
IN THE COUNTY COURT OF NEMAHA COUNTY, NEBRASKA
Estate of CAROL A. SABIN, Deceased
Estate No. PR10-40
Notice is hereby given that on October 12, 2010, in the County Court of Nemaha County, Nebraska, TIMOTHY R. SABIN, whose address is 3510 NE Stanton Street, Lees Summit, MO 64064 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 December 14, 2010, or be forever barred.
Nancy Hall
Clerk of the County Court
1824 N Street
Auburn, NE 68305
Albert G. Fuller, #11405
FULLER LAW OFFICE
910 13th Street
Auburn, NE 68305
(402) 274-4321
Herald - October 14, 21, 28




NOTICE OF DIVORCE
PENDING
IN THE DISTRICT COURT OF NEMAHA COUNTY, NEBRASKA.
TO: Willy Williams, whose whereabouts are unknown upon whom personal service of summons cannot be had, and is the defendant in said proceedings:
You are notified that on 8/25/2010, Plaintiff, Rosanne Durbin filed a Complaint against you in the District Court of Nemaha County, Nebraska, at Case No. CI 10-78, the object of which is to obtain a dissolution of marriage on the ground that the marriage is irretrievably broken, to obtain an equitable division of property, and to determine custody and child support, among other things.
You are required to answer said Complaint on or before 11/16/2010, or said Complaint against you will be taken as true.
Roseanne Durbin
73244 646A Ave.
Auburn, NE 68305
402-414-0880

Hearld - October 7, 21, 28




LEGAL NOTICE
IN THE DISTRICT COURT OF NEMAHA COUNTY, NEBRASKA
CASE NO CI10-31
ZACHARIAS FARMS, INC. A NEBRASKA CORPORATION, Plaintiff,
vs.
JOAN MARIE GRIFFITH and all other persons now having or claiming an interest in the following described real estate: 1/3 interest in the West 1/2 (W 1/2) of the Southeast Quarter (SE 1/4) and the East 1/2 (E 1/2) of the Southwest Quarter (SW 1/4) Section Twenty (20) Township Four (4) Range Fourteen (14) and the Northwest Quarter (NW 1/4) of the Northeast Quarter (NE 1/4) and the Northeast Quarter (NE 1/4) of the Northwest Quarter (NW 1/4) Section Twenty Nine (29) Township Four (4) Range Fourteen (14), Nemaha County, Nebraska, real names unknown, Defendants.
To: Joan Marie Griffith and all other persons now having or claiming an interest in the following described real estate: 1/3 interest in the West 1/2 of the SE 1/4 and the E 1/2 of the SW 1/4 Section Twenty, Township Four, Range Fourteen, and the NW 1/4 of the NE 1/4 and the NE 1/4 of the NW 1/4 Section Twenty Nine, Township Four, Range Fourteen, Nemaha County, Nebraska, real names unknown.
You are hereby notified that on April 1st, 2010, Zacharias Farms, Inc., A Nebraska Corporation as plaintiff filed its Petition in the district court of Nemaha, County, Nebraska, against you, the object and prayer of which is to quiet title to the above described real estate and for such other and further relief as may be deemed equitable. You are required to answer said petition on or before December 28th, 2010.
ZACHARIAS FARMS, INC.,
A NERBASKA CORPORATION.
By: Thomas E. Ferneau #11274
Attorney For Plaintiff
916 Central Avenue
Auburn, NE 68305
(402) 274-5009
Herald -Oct. 28, Nov. 4, 11, 18 & 25




NOTICE
IN THE COUNTY COURT OF NEMAHA COUNTY, NEBRASKA
ESTATE OF GARNET LEUDENE ALLGOOD, Deceased, a/k/a LEUDENE G. ALLGOOD, Deceased
ESTATE NO. PR06-48
Notice is hereby given that a final account and report of administration and a Petition for complete settlement, probate of Will, determination of inheritance tax and for judgment for surcharge of heirs, have been filed and are set for hearing in the County Court of Nemaha County, Nebraska, on the 16th day of November, 2010 at 11:00 a.m.
TYLER EUGENE ALLGOOD
Personal  Representative Petitioner
Craig D. Wittstruck - 15585
ANDERSON, CREAGER & WITTSTRUCK, P.C.
1630 K Street
Lincoln, NE 68508
(402) 477-8800
Herald - Oct. 28, Nov. 4 & 11