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12/29/2004 – Public Notices

In the Matter of the Estate of Russell Monroe Weed, Deceased.
NOTICE IS HEREBY GIVEN that the undersigned has been appointed personal representative of the above estate. All persons having claims against the said deceased are required to present their claims within three months after the date of the first publication of this notice or said claims will be forever barred. Claims must either be presented to Mitchell M. Weed, personal representative of the estate at PO Box 309, Minnewaukan, ND 58351, or filed with the court.
Dated this 23rd day of November, 2004.
-s-Mitchell M. Weed
Mitchell M. Weed
Personal Representative
PO Box 309
Minnewaukan, ND 58351
Michael N. Steffan
Frith & Steffan
PO Box 1045
Devils Lake, ND 58301
Telephone (701) 662-2805
Attorneys for Personal Representative
First publication on the 15th day of December, 2004.
(Publish Dec. 15, 22 & 29, 2004)

Notice is hereby given that Workforce Safety and Insurance will conduct a public hearing on January 19, 2005, at the Board Room, Century Center, 1600 E. Century Ave., Bismarck, North Dakota, at 1:15 p.m., at which time and place all persons will be heard regarding the proposed change to the Inpatient Hospital Fee Schedule to reflect changes to the formulas for outlier payments and DRG conversion factor and to modify the Ambulatory Surgical Center Fee Schedule by adding a dollar value to two CPT codes; and, to implement a proposed Ambulance Fee Schedule and a Home Healthcare Fee Schedule. The public hearing will be teleconferenced to the conference room of our Fargo Office, located at 2601 12th Ave SW, Fargo, ND 58103. Attendance is available at either location. These proposed changes are on file and may be reviewed or copied on any working day between 8:00 a.m. and 5:00 p.m., at Workforce Safety and Insurance, Century Center, Suite 1 in Bismarck. A copy may be requested by phone by calling (701) 328-3800 or writing to:
Workforce Safety and Insurance
Attention: Ron Moxon
1600 East Century Avenue
PO Box 5585
Bismarck, North Dakota 58506-5585
(701) 328-5973
Written data, views or arguments concerning the proposed changes or adoptions may be sent to the attention of Ron Moxon at Workforce Safety and Insurance, P.O. Box 5585, Bismarck, ND 58506-5585. The closing date for receipt and consideration of all written or oral submissions is close of business, February 7, 2005.
If you plan to attend the public hearing and will need special facilities or assistance relating to a disability, please contact Workforce Safety and Insurance at the above telephone number or address at least five days prior to the public hearing.
Dated this 21st day of December, 2004.

December 6, 2004
The Oberon City Council met on Monday, December 6, 2004 at 7 p.m. at the Oberon Community Center. Present were Mayor James Nelson and council members Carol Tweten, Doug Schmid, Pete Hager and Dale Stenberg.
Minutes of the previous meeting were read. Stenberg moved to approve the minutes. Hager seconded. Motion carried.
Bills were reviewed. Schmid moved to pay all bills. Stenberg seconded. Motion carried.
General Fund    $2,615.50
Center          365.03
Highway Fund            207.18
Water Operating Fund            505.74
Sewer Operating Fund            110.08
Garbage Fund            1,463.53
Water Sinking Fund              517.03
Sewer Sinking Fund              111.92
Waste Management’s representative Renae Beeter of Minot sent a contract for monthly payments for garbage service of $811.76, starting in January of 2005. Hager moved to accept the contract. Schmid seconded. Motion carried.
The ND State Health Department notified the city that it would be required to do a water test for arsenic in January.
Karen Peterson met with the council to get approval for licenses for the bar for 2005. Tweten moved to grant the liquor and beer licenses. Schmid seconded. Motion carried.
Discussion was held on giving a bonus to the Thomases for all the mowing of grass. Hager moved to give them $50. Schmid seconded. Motion carried.
The council wants to remind all dog owners to make certain their dogs have current rabies shots. A copy of the rabies certificate should be sent to the city auditor.
Patricia Anderson is looking for storage for articles that will be distributed to needy families on the reservation in the spring.
Next meeting will be January 10, 2005 at 7 p.m.
There being no further business, the meeting adjourned.
Ruth Buehler
City Auditor

December 7, 2004
The Benson County Commissioners met in regular session on Tuesday, December 7, 2004 at 9 a.m. Commissioners present were Dwain Brown, Curtis Hvinden, Ed Ripplinger and Jason Lee. The meeting was called to order by Chairman Brown.
Ned J. Mitzel, Benson County Sheriff, met with the board to review the mileage/activity report of the sheriff’s department for November, 2004. He asked the board to review a letter from NDACo. dated November 17, 2004, regarding Benson County participating in the “Special Operations Reimbursement Fund.” A motion was made by Hvinden, seconded by Ripplinger, to have Chairman Brown sign the Joint Powers Agreement for Purchasing to participate in the fund. All members voted yes. The motion carried unanimously.
A motion was made by Lee, seconded by Hvinden, to approve the minutes of the regular meeting of November 16, 2004 and the special meeting of November 24, 2004. All members voted yes. The motion carried unanimously.
A motion was made by Lee, seconded by Hvinden, to revise paragraph 6 of section 310 of the employee handbook to read as follows:
“Unused sick leave benefits will be accumulated until the employee has accrued a total of 120 calendar days of sick leave benefits. Records will be kept of any additional days accumulated and employees will be able to trade these sick leave days at a rate of 1 day of vacation for 6 days of sick leave. Any sick leave accumulated under 120 days may not be traded 6 to 1 for vacation”; and to revise paragraph 7 of section 310 of the employee handbook to read as follows: “Unused sick leave benefits will be paid to eligible employees upon termination of employment at the rate of 1 day for each 6 days of accumulated sick leave, unless an employee is terminated for cause, in which case no payment of sick leave benefits will be made to the employee.”; and to include a new section in the handbook (section 311) on leave sharing. All members voted yes. The motion carried unanimously.
Barry Cox entered the meeting at 9:15 a.m.
A motion was made by Lee, seconded by Ripplinger, to have the chairman sign all county deeds on property sold at the November 16, 2004 delinquent tax property sale.
A motion was made by Lee, seconded by Hvinden, to have the chairman sign a quit claim deed to transfer Lots 23 & 24, Block 3, Original, Maddock City, Benson County, ND, to Maddock City. All members voted yes. The motion carried unanimously.
The board reviewed a letter from Vernon Lysne dated December 2, 2004 requesting that he be exempt from paying property taxes for the remainder of his lifetime. A motion was made by Ripplinger, seconded by Cox, to deny the request. All members voted yes. The motion carried unanimously.
The board reviewed an e-mail regarding the 22nd Annual Red River Basin Land & Water International Summit Conference to be held in Fargo, ND.
Shelley Aabrekke of Benson County Public Health met with the board to review her Narrative Report for November, 2004.
Ellen Huffman, Benson County flood plain coordinator, met with the board regarding a flood plain permit for the Hwy. 281 project south of Minnewaukan to Maza, ND. She read a letter sent to her by Thelma Paulson requesting the flood plain permit not be granted until the project is more thoroughly analyzed and an impact statement obtained. The board recommended that Ellen sign off on the flood plain permit.
A motion was made by Cox, seconded by Hvinden, to transfer $86,000.00 from the Highway Tax Fund and $50,000.00 from the 5 Mill Fund to the Road & Bridge Fund. All members voted yes. The motion carried unanimously.
James P. Wang, Benson County state’s attorney, explained to the commissioners that a zoning board meeting will need to be held to consider a variance requested by KBM, Inc.
Bruce Engelhardt and Matt Sagsveen of the ND State Water Commission met with the board regarding a petition which was submitted to close a section line/roadway between Sec. 33 & 34 in Aurora Township. They explained the details regarding the road closing. They also gave an update on the Devils Lake Outlet Project.
Michael Rohrer and Ralph Masterson of the Normania Township board of supervisors met with the board regarding placement of a culvert in Normania Township. Daniel McConnell and Ronald Hausmann were also present, along with John Beckstrand, Brian Maddock and Carl Duchscher of the Benson County Water Board. The Water Resource Board stated it had recommended the culvert be put in place. Michael Rohrer asked if the board would agree to request a third party waiver from the Soil Conservation District as to the wetlands affected by the drainage. Barry Cox suggested a survey be performed of the area. The township board agreed to do the following: 1) a ditch would be created on Ronald Hausmann’s property; 2) a culvert would be put in place south of Daniel McConnell’s; and 3) a culvert would be placed under the township road between Sec. 3 & 4 in Normania Township. James P. Wang informed the Normania Township board that it should make a written request to the commissioners asking them to request a waiver from the Soil Conservation District. Upon receiving the written request, the board would prepare a letter to the Soil Conservation District.
Don Indvik of Wold Engineering presented the board with a construction services agreement on the Wood-Rutten Road Project. He requested the board review and consent to signing the preliminary construction agreement on the Graham’s Island Road Project. A motion was made by Hvinden, seconded by Cox, to have the chairman sign the agreement. All members voted yes. The motion carried unanimously.
The board reviewed a memo from Dave Leftwich, ND DOT, dated November 23, 2004 regarding the load limits on county roads. Gene Hager met with the board on this issue. He recommended the load limit be 80,000 pounds with exceptions. He stated he would contact the ND DOT and provide the requested information.
A motion was made by Cox, seconded by Ripplinger, to transfer $5,000.00 from the General Fund to the Emergency Administration Fund. All members voted yes. The motion carried unanimously.
The board revisited the matter of responding to a letter received from the City of Leeds dated November 5, 2004 which was tabled from the previous meeting. The letter requested the board respond to certain questions as to its decision to grant the flood money received from the 4-H barns to the City of Maddock. Commissioner Lee stated he would be willing to go to Leeds to talk with the city council. Commissioners Cox and Ripplinger recommended that no response be made to the letter.
A motion was made by Cox, seconded by Hvinden, to pay all county approved bills. All members voted yes. The motion carried unanimously. The following bills were paid:
Best Western Doublewood Inn          $90.00
Curtis Hvinden          258.20
Barry Cox               234.02
Edward Ripplinger               123.97
Jason Lee               81.19
Dwain Brown             82.12
Wal-Mart                13.30
Lois Dumdai             87.58
Frances Schneider               126.50
Harland Berg            124.64
Knox American Legion            25.00
Magdalena Miller                87.58
Vivian Seter            87.58
Beatrice Quammen                87.58
Leeds Community Center          25.00
Lee Larson              103.70
Lori Nelsen             106.18
Lorraine Stevens                106.18
Ruth Lunde              87.58
Arlene L. Hoffner               97.24
Arkie Rieger            103.70
Esmond Fire             25.00
Gordon Smith            99.36
Laura Rendahl           139.40
Margaret Marthe                 109.90
Anna Slater             126.50
Maddock Community Ctr           25.00
Marjorie Rice           110.26
Phyllis Hermanson               90.80
Robert Hunter           103.82
Rolf Berg               103.82
Arlene Lien             94.02     
Carol Thompson          94.02
Grace Ball              94.02
Kathryn Duchscherer             94.02
Milson Ball             94.02
Minnewaukan 55 Club             25.00
Blenda Carlson          104.44
Linda Madson            124.26
Mathilda Wallace                90.80
Oberon Community Center                 25.00
Ruth Buehler            100.46
Vivian Carlson          90.80
Blue Bldg               25.00
Carol M. Jabs           112.86
Duane Nelson            158.72
Herbert Thomas          64.38
Lois Leben              119.06
Sigurd Olson            64.38
Warwick Fire            25.00
Gladys Jacobson                 81.14
Judy Cox                136.94
Lee Anderson            56.65
Linda L. Elfman                 109.04
Shirley Anderson                81.14
ND Div. of Emergency Mgt        82,489.00
Distribution of Entities        39,211.61
Benson Co Highway Dept          62.31
Distribution of Entities        41,003.47
Claudette Carlson               156.29
Edward Ripplinger               15.50
Gordon Smith            27.23
ND Sheriff & Deputies Assn              20.00
Oddens’ Grocery                 343.29
Otter Tail Power Co             748.14
Universal Services              142.00
Vicky Schlieve          93.68
Acme Electric           83.47
Burghardt Amateur Center                3,760.74
Maddock City            54.50
Farmers Union Oil-Mdk           2,913.07
Farmers Union Oil-York          893.66
Gofer Sanitation                50.00     
Link Communications, Inc                1,216.00
Otter Tail Power Co             174.67
York Township           1,860.57
Social Welfare          5,318.01
Garrison Diversion Dist                 499.21     
ND State Treasurer              7,474.34
Cellular One            39.04
Clute’s Office Equipment                226.52
Hoiberg’s               62.50
Information Technology Dept                 391.95
Josh Backstrom          38.64
Lake Region Dist. Health        11,208.25
ND Assn. of Counties            300.00
ND Telephone Co                 741.18
Cellular One            74.90
Gus’s Auto Parts                168.36
Nodak Electric          41.20
Esmond City             87.75
Farmers Union Oil-Mdk           1,713.14     
Jaegers Spray Service           4,600.00
Lyndon Olson            136.86
Benson Co. Farmers Press                30.00
Travis Anderson                 82.69
Tim Finley              65.95
Wanda Teigen            388.82
James Wang              580.00
Ken Hager               50.00
Nationwide Retirement Services             150.00
State Disbursement Unit                 798.00
Anton Burkhardsmeier            55.90
ND Telephone Co                 216.67
Minnewaukan City                93.45
Jeff Bercier            25.00
Kathleen Trosen                 57.20
ND Public Employees Retirement   10,260.60
AFLAC           308.25
Benson Co. Transportation               440.00
Bonnie Erickson                 54.87
Bison Auto & Farm Repair                29.53
Burnie’s                23.51
Chad’s Amoco            224.73
Clute’s Office Equipment                82.36
Colonial                155.83
Conseco Health Ins. Co          108.30
Devils Lake Journal             44.73
Ellen Huffman           70.32
Election Systems & Software             271.61
Expressway Inn          315.00
Hy-Z Wireless           19.10
Jean Olson              12.40
LR Law Enforcement Ctr          2,595.00
Maddock Mini Mart               202.35
NDAEA           75.00
ND Assn. of Counties            1,342.49
ND Newspaper Assn               150.00
ND Public Employees Retirement   19,740.98
Otter Tail Power Co             1,182.79
Pitney Bowes            256.06
US Postmaster           37.00
Benson Co. Farmers Press                666.30
Protective Life Ins Co          333.10
Schwan Wholesale Co             156.55
Scott Knoke             107.06
Wal-Mart                9.88
Social Welfare  10,956.44
Oddens’ Grocery                 48.97
Amsterdam Printing & Litho              9.42
B & H Oil               1,127.45
Butler Machine          205.82
Maddock City            63.95
Minnewaukan City                19.00
Dell Marketing LP               1,927.67
Flexpay                 100.00
Farmers Union Oil-Mdk           1,223.75
Farmers Union Oil-York          437.46
The Glass Shop          22.99
Gofer Sanitation                115.00
Gouldings, Inc          3,195.51
Home of Economy                 89.67
Harlow Sanitation               15.00
Harlow Co-op Elev               58.65
Harold’s Auto Marine Elec               229.75
Hasse Plumbing          45.00
HE Everson Co           33.64
Larson Implement                405.26
Lyle Signs, Inc                 239.32
Mac’s, Inc              68.71
Mollers, Inc            17.55
Dakota Implement                168.77
Gus’s Auto Parts                34.42
Northern Plains Elec. Co-op             76.00
North Plains Comm               43.40
Oddens’ Grocery                 22.13
Otter Tail Power Co             37.59
Otter Tail Power Co             199.75
Power Plan (RDO Equip.)                 254.50
Praxair Distribution, Inc               13.26
Ramkota Hotel           157.44
Rieger Service          661.06
Rohrer Residuary Trust  13,058.00
Ray Weed                1,376.00
Schwan Wholesale Co             136.20
Service Tire            328.49
Butte Valley Twp                2,537.34
Irvine Twp              2,758.20
Lake Ibsen Twp          1,680.89
Wangs           2,121.50
Warwick Oil             2,636.58
Wold Engineering        63,262.14
BCBS of ND              3,739.52
Cass County Treas               104.00
Chad’s Amoco            1,955.99
Curtis Hvinden          177.60
Barry Cox               119.94
Edward Ripplinger               113.12
Jason Lee               64.76
Dwain Brown             119.94
Farmers Union Oil-Mdk           18.50
I.T.C.          37.00
ND Assn. of Counties    23,995.74
Oddens’ Grocery                 278.95
US Postmaster           185.00
Co. Agent       $1,006.99
Emergency Disaster              846.69
VSO             748.12
Co. General     28,969.06
Social Services         26,273.26
Co. Road        35,847.78
A motion carried unanimously to adjourn the meeting.
Bonnie Erickson
Benson County Auditor
Dwain Brown

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