12/28/2005 – Public Notices


AMENDMENT TO THE APRIL 4, 2005 MINUTES
MADDOCK CITY COUNCIL
A resolution was missed in the minutes of April 4, 2005:
WHEREAS, The City of Maddock has been approached by Sharon Wheeler of Maddock Caf? & Lanes to allow wine coolers and beer for sale after 5 p.m., and, WHEREAS, All obligations for the state licence have been met, let the record show that Alderman Wayne Knatterud introduced the foregoing resolution, seconded by Alderwoman Marilyn Allan and carried, THEREFORE, Let the record show the 2005 fee will be pro-rated and the 2006 fee will be $50.00 per year.
Kevin Winson
Mayor
Jean Mosser
City Auditor


MINUTES OF SPECIAL MEETING
MADDOCK CITY COUNCIL
November 21, 2005
After due call and notice a special meeting of the Maddock City Council was held November 21, 2005 at 5:30 p.m. to discuss the $100,000 CD collateral pledged to the Benson County Cattle Co-op. Members present to answer roll call were Mayor Kevin Winson, Alderwoman Marilyn Allan and Aldermen Wayne Knatterud, Mark Finley and Rodney Maddock.
The purpose of this special meeting was to further discuss the motion on the CC collateral. Paul Kallenbach visited with the financiers of the CC and they require 100% again for 2006. This led up to Alderwoman Marilyn Allan asking to rescind the motion made at the regular November meeting asking for 50% this year and 50% in 2007. Show of hands in approval of rescinding were Alderwoman Allan, Alderman Knatterud, Alderman Finley and Alderman Maddock. The motion carried.
Alderman Wayne Knatterud moved to give full coverage in 2006, and release of 33-1/3 percent in 2007, 33-1/3 percent in 2008 and the final balance released in 2009. The foregoing motion was seconded by Alderman Rodney Maddock and carried.
Auditor Mosser is to gather all the information possible and send on to the city attorney to have an agreement drawn up for the release of the funds.
There being no further business, on motion made and seconded, the meeting adjourned.
Jean A. Mosser
City Auditor
Kevin Winson
Mayor


MINUTES OF REGULAR MEETING
MADDOCK CITY COUNCIL
December 5, 2005
A regular meeting of the Maddock City Council was held on December 5, 2005 at 5:30 p.m. at the council chambers. Members present to answer roll call were Mayor Kevin Winson, Alderwoman Marilyn Allan and Aldermen Wayne Knatterud, Mark Finley and Rodney Maddock. Employee Keith Winson was present and Frank Mosser was absent.
Minutes of the November meeting were approved as typed on motion by Alderman Mark Finley and seconded by Alderman Rodney Maddock. Motion carried.
Bills were ordered paid upon motion by Alderman Rodney Maddock and seconded by Alderman Wayne Knatterud. Bills approved are as follows:
Employee wages $516.83
Waste Management of ND 3,650.00
Border States Elec. Corp. 596.46
Northern Plains Elec. Co-op 20,657.56
Blue Cross-Blue Shield, Inc. 1,939.44
Maddock EDC 250.00
Maddock EDC 225.00
Benson Co. Farmers Press 64.66
ND Water Users Assn. 100.00
Maddock Mini Mart 99.67
Gus’s Auto Parts, Inc. 205.67
Farmers Union Oil Co. 461.06
Frank L. Mosser 78.20
Juanita J. Hill 6.39
Priscilla Backstrom 43.35
ND One Call, Inc. 4.68
Clute Office Eq., Inc. 29.99
Ag Resources 42.60
HomeTown Grocery, LLC 1.99
Butler Machinery Co. 130.98
Durbin Excavating 12,482.46
MEI Engineering, Inc. 2,281.80
State Historical Society 22.95
Western Area Power Adm. 3,854.32
Byron Ellingson 90.00
Travis Dillman of Interstate Engineering, Inc. of Jamestown was present and updated the council on the study of the present lift station, pumps, and ways this may be able to be corrected on the flows.
Travis asked about the agreement on the study of the hardware store. No determination had been reached at this point of the meeting. It will be discussed later in the meeting. Travis asked to be dismissed as he had another meeting to attend.
Alton and Lynda Abrahamson were present and questioned the possibility of a new off sale liquor license. Keith Hakanson was present on the same issue.
Ann Sears was present and asked the status of her verbal application for the off sale license. No firm answer could be given as the city attorney has not responded on the question put forth.
Curtis Hvinden appeared and took with him a copy of the use agreement for the Multi-Purpose Building. This agreement is between the county and city to allow 4-H the use of the building with the only obligation being to book ahead times it is needed for meetings, etc. Mayor Winson signed the document upon motion by Alderman Mark Finley, seconded by Alderman Wayne Knatterud and carried. This document should free up the $90,000.00 (flood
insurance) money needed for the construction phase of the project.
Two Maddock Park Board members appeared to discuss the perils of the board and the pool. Doyle Schwanke and Shelly Kallenbach expressed their concerns for matters at hand. Information had been researched on dissolving the park board. However, this matter must go to the vote of the public, and the council did not feel it wanted to go in that direction at this time.
However, it was discussed to hire a full-time adult pool manager, and work to get people who will serve on the board to keep the pool operable.
The Multi-Purpose Building committee was present and asked about placing a mortgage on the building for $250,000. This would be the collateral until the pledges are paid. The pledges would pay down the balance over a 5-10 year term. Legal advice will be gotten on this matter before any answers are given. A motion to provide the collateral, if it is legal, was made by Alderman Wayne Knatterud, seconded by Alderman Rodney Maddock and carried.
Mr. and Mrs. John Halvorson were present and asked about special liquor and beer permits for the New Year’s Eve party sponsored by the Benson County Rodeo Assn. Alderman Wayne Knatterud made a motion to approve these permits, seconded by Alderman Rodney Maddock and carried.
Notice was received on the Dell warranty for the computer and hardware. A two-year extension can be purchased for $129. A motion to secure the coverage was made by Alderman Mark Finley, seconded by Alderman Wayne Knatterud and carried.
Mayor Winson asked about Christmas gifts for the employees and they are to remain the same as last year.
Power contracts from Western Area Power Administation, Exhibits A & B were reviewed and on motion by Alderman Rodney Maddock and seconded by Alderwoman Marilyn Allan, Mayor Winson is to sign and return the agreement by mail.
A bill for a picture window and labor was presented by Robert Hunter. He said the city mower had sent a rock into the sash. Alderman Wayne Knatterud moved to file a claim, seconded by Alderman Mark Finley. The motion carried.
One gaming permit was presented for the Maddock Public School. A motion to approve was made by Alderman Rodney Maddock, seconded by Alderman Mark Finley and carried.
Auditor Mosser presented the letter of annual audit from Rath and Mehrer auditing firm of Bismarck. Upon motion by Alderwoman Marilyn Allan and seconded by Alderman Wayne Knatterud, Rath and Mehrer will again do the audit. Motion carried.
The contract from Interstate Engineering, Inc. on the hardware store was reviewed and will be signed. A motion to proceed with finding out if it is worth saving and what the cost would be was made by Alderman Mark Finley and seconded by Alderwoman Marilyn Allan. Motion carried.
The lighting contest was discussed and the judges will view on the night of Dec. 15 and again on the weekend of December 17 and 18. There will be three prizes for homeowners and one for commercial.
One building permit was presented for Mike Jelle. A motion to approve was made by Alderman Rodney Maddock and seconded by Alderwoman Marilyn Allan.
Motion carried.
Jean Mosser
City Auditor
Kevin Winson
Mayor


MINUTES OF SPECIAL MEETING
MADDOCK CITY COUNCIL
December 22, 2005
After due call and notice a special meeting of the Maddock City Council and the Benson County Commissioners was held Thursday, December 22, 2005 at 7 p.m. at the Maddock City Hall.
Items on the agenda were: $90,000.00 from the county, 1974 resolution and borrowing money for Multi-Purpose Building.
Members present from the county commission were: Ed Ripplinger, Curtis Hvinden, Dwain Brown and Jason Lee. Absent was Barry Cox. Jeff Haun was present, as were County Auditor Bonnie Erickson and State’s Attorney James Wang.
Maddock City Council members present were: Mayor Kevin Winson, Alderwoman Marilyn Allan and Aldermen Wayne Knatterud, Mark Finley and Rodney Maddock.
Building committee members present were: Scott Foss, Robert Buckmier and Ralph Olson. City Attorney Travis Peterson was present on behalf of the Maddock City Council.
Mayor Winson opened the meeting, roll call was recorded and Jason Lee spoke briefly and turned the meeting over to Attorney Wang to explain the mortgage to the group. City Attorney Peterson presented a “Joint Powers Agreement.” Wang and Peterson exchanged feelings on the mortgage. Peterson was uncomfortable with this and did not recommend the city sign it.
However, the question was asked: Why do we need the mortgage? No money is to be paid back, drop it and create a “Use Agreement,” get it signed and have it reviewed on a regular basis. It was determined the two attorneys, building committee members and one commissioner will get together, draw up a use agreement and proceed with signing it.
County Commissioner Ed Ripplinger made a motion to sign the joint powers agreement, work on the use agreement and give the Multi-Purpose Building the $90,000. Commissioner Curtis Hvinden seconded the motion and it carried.
Alderman Rodney Maddock made a motion to accept and sign the joint powers agreement drawn up by Attorney Peterson, with one change on page three.
Item No. 8 shall read: “Duration, This agreement shall remain in force indefinitely.” The foregoing motion was seconded by Alderman Wayne Knatterud and carried.
The Commissioners excused themselves and the council remained in session with its legal council. The issue of borrowing $250,000 against the pledges on the Multi-Purpose Building was discussed. Mr. Peterson will research information on this matter.
The final item of discussion was the resolution of Jan. 7, 1974. This will be acted upon at the January 2006 meeting.
There being no further business, on motion made and seconded the special meeting was adjourned.
Jean A. Mosser
City Auditor
Kevin Winson
Mayor
The minutes of December 5 and 22 have not yet been approved by the Maddock City Council.


MINUTES OF REGULAR MEETING
FORT TOTTEN SCHOOL BOARD
November 2, 2005
A regular meeting of the board of Fort Totten School District No. 30 was held November 2, 2005 at 4:30 p.m. in the conference room of the Administration Building. Present were Erich Longie, Derrick Dauphinais and Michael Alex. Doug Yankton and Lorraine McKay were absent. Others present were Stephanie Anderson, Dr. Wayne Trottier, Jeff Olson, Liz Nelson, Jan Greene, Rick Smith and John Laducer.
President Erich Longie called the meeting to order at 4:46 p.m.
Mr. Alex moved to approve the agenda as is. Mr. Dauphinais seconded. With three in favor and two absent, the motion carried.
Mr. Alex moved to approve the consent agenda with exception of the alternative director’s and athletic director’s reports. Mr. Dauphinais seconded. With three in favor and two absent, the motion carried.
Mr. Alex moved to approve the October 5, 2005 minutes. Mr. Longie seconded.
With two in favor and two absent, the motion carried. Mr. Dauphinais abstained.
Mr. Dauphinais moved to approve the October 19, 2005 minutes. Mr. Alex seconded. With three in favor and two absent, the motion carried.
Discussion was held regarding a board member volunteering as a basketball coach. Further discussion was held on whether the board member could receive some sort of payment. Mr. Dauphinais moved to approve the personnel report with the board member being paid for his services contingent on legal advice. Mr. Alex seconded. With three in favor and two absent, the motion carried.
Mr. Yankton entered the meeting at 5:10 p.m.
The board suggested having the business manager’s report added to the consent agenda. Members also suggested that Mrs. Anderson add a description to the monthly expenditures. Mr. Yankton moved to approve monthly expenditures. Mr. Alex seconded. With four in favor and one absent, the motion carried.
Acme Electric $63.69
Allery, Kassandra 50.00
Anderson, Stephanie 55.13
Anderson, Stephanie 300.00
Anderson, Stephanie 113.72
Anderson, Stephanie 42.00
Barber, Sandra 19.50
Bear, Deborah 75.00
Benson Co Farmers Press 52.50
Benson Co Farmers Press 122.00
Bergstrom Electric, Inc 94.58
Best Western Doublewood
Inn 500.00
Bingaman, Sidney 110.50
Brady, Damon 340.00
Brusven, Dennis 31.82
Bureau of Educ and
Research 179.00
Byberg, Marlo 117.00
Carlson, Eilene 117.00
Cellular One 217.92
Central Distributing 37.44
Comfort Inn 50.00
Comfort Suites 160.00
Country Inn & Suites 2,447.50
Country Inn & Suites 423.00
Creative Impressions 126.00
Dablow, Merita 45.00
Dakota Assemblies 300.00
Dakota Boys Ranch 1,615.00
Dauphinais, Dean Sr 434.95
Dauphinais, Derrick 148.75
Davidson, David 160.00
Davidson, David 448.95
Davis School Arts 23.95
de la Paz, Joquin 25.00
Desjarlais, Jerrit 25.00
Digital Office Center 169.00
Digital Office Center 163.00
Discount Magazine Subs
Serv 1,414.56
East Dakota Steam Clean 135.20
Ecolab Pest Elim Div 130.00
Education Standards &
Practices 75.00
Eversvik, Barbara 19.50
Expressway Inn 83.90
Expressway Suites 139.90
Finley, Marlee 50.00
Gage, Joey 160.00
Gallagher, Lorelei 22.50
Gallagher, Lorelei 27.38
Gerrells of DL 938.00
Glencoe/McGraw Hill 3,797.55
Grand Forks Public Schools 195.15
Greene, Jan 123.75
Greene, Jan 227.15
Greywater, Delvin Jr 50.00
Greywater, Marty 160.00
Haan Crafts 84.50
Hale, Carmen 50.00
Hale, Michelle 25.00
Holiday Inn 84.95
Holt, Rinehart, Winston 1,730.42
HY-Z Wireless, Inc 89.19
Jacobson, Ron 448.95
Jaymar Business Forms 123.02
Jensen, Janna 200.00
Johnston, Mark 91.38
Johnston, Mark 250.50
Johnston, Sandra 59.75
Kentucky Fried Chicken 83.26
Kmart 415.55
Laducer, John 186.25
Laducer, John 447.45
Laducer, John 186.25
Lake Lumber 191.80
Lakota Medica, Inc 60.00
Leaders of Tomorrow Conf 1,000.00
Lohnes, Carolyn 50.00
Luis Cafe 60.00
Luis Cafe 55.00
Luis Cafe 75.00
Luis Cafe 48.25
McKay, Piagon 50.00
Medicine Stone, Mattie 50.00
Menards 21.30
Montana Dakota Utilities 114.88
Montana Dakota Utilities 165.99
Morin, Charles Jr 50.00
Morin, Nicklaus 75.00
ND Board of Nursing 30.00
ND Council of School
Attorneys 130.00
ND Education Assn 7,158.65
ND Impact Aid Assn 500.00
ND Pass Parents as
Teachers 30.00
ND Telephone Co 771.23
ND Telephone Co 790.21
NDCEL 65.00
NDSBA 80.00
Nelson, Liz 31.82
Nelson, Liz 70.00
Ness, Hayley 161.25
Northern Plains Electric 265.00
Northwest Evaluation Assn 3,500.00
Office Innovations 963.26
Office Innovations 193.99
Olson, Jeremiah 780.00
Olson, Jeremiah 117.00
Outside Toys Pro 2,494.00
Parents Magazine 251.86
Paul’s Fort Totten Grocery 347.45
Paul’s Fort Totten Grocery 169.97
Pearce & Durick 306.25
Pitney Bowes 420.00
Pizza Ranch-Carrington 204.74
Popplers Music 219.20
Purchase Power 460.29
Purchase Power 500.00
Radisson Hotel-Bismarck 100.00
Rediker Software, Inc 1,320.00
Rediker Software, Inc 2,075.00
Renneberg Hardwood 600.00
Renneberg Hardwood 23.20
Reservation Supply 3,036.00
Rubison International 1,500.00
Running Bear, Chantall 25.00
Saari, Karen 236.25
Sannes Machine Repair 336.00
Scholastic Classroom
Magazines 189.00
Schwan Wholesale Co 261.20
Smith, Rick 201.25
Smith, Rick 50.00
Smith, Rick 25.00
Southern Regional Ed
Board 19,965.00
Spirit Lake Marina 825.24
Steinmann, Merle 85.20
Steinmann, Merle 85.80
Strong’s Locksmith 36.96
Sunburst Visual Media 23.12
Surplus CD ROM 115.76
Swenson, Sandy 168.75
Swenson, Sandy 117.00
Teacher’s Media 146.38
Teen Ink 125.00
The Insurance Store 2,681.00
Thunderhawk, Ashley 25.00
TJ’s Pizza 41.97
TJ’s Pizza 438.00
Tracy’s Market 107.89
Tracy’s Market 146.04
Trottier, Wayne Jr 201.25
Trottier, Wayne Jr 70.00
Trottier, Wayne Jr 163.75
Trottier, Wayne Jr 98.75
Volk Human Service, LLC 2,887.50
Volk Human Service, LLC 2,916.34
Wally’s Supermarket 249.69
Wally’s Supermarket 51.34
Wal-Mart 3,181.69
Wal-Mart 226.79
Warwick Public School 531.08
Warwick Public School 47.90
Weekly Reader 329.12
Wellman, Jodi 19.50
Windtree Enterprises 120.07
Workforce Safety & Ins 16.32
Workforce Safety & Ins 57.15
Xerox Corp 2,390.69
Xerox Corp 2,619.08
Xerox Corp 1,461.87
Xerox Corp 1,128.49
Yankton, Justin 160.00
Young Bird, Natasha 25.00
SUBTOTAL 98,853.63
STUDENT ACTIVITIES
Yankton, Justin $75.00
Smith, Rick 500.00
Cankdeska Community
College 550.00
McIvor, Rob 500.00
Soltis Sportswear 2,071.58
Holiday Inn Express 305.40
The Anderson’s 198.84
Soltis Sportswear 2,074.59
Select Therapy 222.90
Bergstrom Electric, Inc 2,566.39
GTM Sportswear 974.16
Kmart 115.71
TJ’s Pizza 132.48
RadioWorks 101.75
Schwan Wholesale Co 250.71
Food Services of America 160.30
Gerrells of DL 90.09
Val Finley 280.00
Brady, Damon 160.00
Cando High School 25.00
Smith, Rick 101.65
Smith, Rick 700.00
Brady, Damon 960.00
Smith, Rick 146.25
Howard, Catherine 100.00
Brady, Damon 100.00
Brady, Damon 200.00
SUBTOTAL 13,662.80
TOTAL 112,516.43
Mr. Dauphinais moved to approve accounts payable for October 2005. Mr.
Yankton seconded. With four in favor and one absent, the motion carried.
Payroll $135,327.89
Social Security 16,780.58
Medicare 3,924.70
Federal Withholding 11,152.83
State Withholding 1,706.00
NDTFFR 14,673.04
BCBSND 23,175.95
AFLAC 131.06
NDPERS 2,956.48
NCT 530.26
ND State Disburse 186.10
Western State 320.00
Spirit Lake Tribe 850.00
Spirit Lake Housing 100.00
Thrivent Lutheran 200.00
IRS 215.00
TOTAL 212,229.89
Discussion was held on the Alternative Program Policy. The board would like the counselor and principal to review the policy and give suggestions. Mr.
Yankton moved to table the Alternative Program Policy. Mr. Dauphinais seconded. With four in favor and one absent, the motion carried.
Dr. Trottier updated the board regarding Impact Aid, 21st Century, the Adequate Yearly Progress meeting, and School Improvement Plan.
Mr. Alex moved to adjourn. Mr. Longie seconded. With four in favor and one absent, the motion carried. The meeting adjourned at 6:12 p.m.
Stephanie Anderson
Clerk
Erich Longie
Board President


MINUTES OF SPECIAL MEETING
FORT TOTTEN SCHOOL BOARD
November 14, 2005
A special meeting of the board of Fort Totten School District No. 30 was held November 14, 2005 at 12:00 noon in the conference room of the Administration Building. Erich Longie, Doug Yankton and Michael Alex were present. Derrick Dauphinais and Lorraine McKay were absent. Others present were Dr. Wayne Trottier and Liz Nelson.
President Erich Longie called the meeting to order at 12:10 p.m.
Mrs. Nelson informed the board of the School Program Improvement Plan.
Discussion was held on issues of evaluation and how the school data will be used to follow the school’s program. The board believes more effort needs to be taken to create a greater awareness of issues and challenges facing the students.
Mr. Alex moved to approve the School Program Improvement Plan for the
2005-06 school year. Mr. Yankton seconded. With three in favor and two absent, the motion carried.
Mr. Alex moved to adjourn. Mr. Yankton seconded. With three in favor and two absent, the motion carried. The meeting adjourned at 12:40 p.m.
Stephanie Anderson
Clerk
Erich Longie
Board President


MINUTES OF SPECIAL MEETING
FORT TOTTEN SCHOOL BOARD
November 30, 2005
A special meeting of the board of Fort Totten School District No. 30 was held November 30, 2005 at 4:30 p.m. in the conference room of the Administration Building. Present were Erich Longie, Doug Yankton and Derrick Dauphinais. Michael Alex and Lorraine McKay were absent. Others present were Dr. Wayne Trottier, Liz Nelson, John Laducer, Hayley Ness, Eilene Carlson, Jeff Olson, Stephanie Anderson, Sid Bingaman, Ruth de Larios, Dennis Brusven and Dean Dauphinais Sr.
President Erich Longie called the meeting to order at 5:10 p.m.
Mrs. Nelson and Mrs. Carlson gave presentations to the board regarding the past year’s test scores. Discussion was held on local and state scores.
Handouts regarding the school’s test scores, attendance percentage, and graduation rate were given to those in attendance.
The board will meet on Dec. 8, 2005 at 4:30 p.m. to finish the meeting.
Mr. Dauphinais moved to adjourn. Mr. Longie seconded. With three in favor and two absent, the motion carried. The meeting adjourned at 6:30 p.m.
Stephanie Anderson
Clerk
Erich Longie
Board President


PUBLIC HEARING
TO PRESENT THE
CURRICULUM, COURSES, AND
STAFF POSITIONS FOR THE
NEW ROCKFORD-SHEYENNE
PUBLIC SCHOOL DISTRICT NO. 2
On July 12, 2005, the voters approved a plan to reorganize the New Rockford and Sheyenne school districts into one district, the New Rockford-Sheyenne Public School District No. 2, on July 1, 2006. The law requires the new district to " . . . hold a public hearing to present the curriculum, course offerings, and staff positions to be available during the coming school year" (North Dakota Century Code 15.1-12-15, sec. 4).
The school board has scheduled the public hearing on the curriculum, anticipated course offerings, and anticipated staff positions to be available during the coming school year to be held at the New Rockford School at 7:00 p.m. on Monday, January 16, 2006. All interested persons are invited to attend the hearing.
School Board
New Rockford-Sheyenne
Public School District No. 2
Janet Heskin, Business Manager
(Publish Dec. 28, 2005)


AGENDA
OBERON CITY COUNCIL
Oberon Community Center
January 9, 2006 – 7:00 p.m.
I. Call to order
II. Quorum determined
III. Reading of the minutes
IV. Approval of bills
V. Reports of officers and committees
VI. Discussion of communication
VII. Unfinished business
VIII. New Business
IX. Adjournment
(Publish Dec. 28, 2005)


OFFICIAL PROCEEDINGS
OF THE BOARD OF
COUNTY COMMISSIONERS
BENSON COUNTY
NORTH DAKOTA
December 6, 2005
The Benson County Commissioners met in regular session on Tuesday, December 6, 2005 at 9 a.m. Commissioners present were Jason Lee, Curtis Hvinden, Ed Ripplinger and Dwain Brown. Barry Cox telephoned to state he would be late.
The meeting was called to order by Chairman Lee.
Collin Evenson met with the board regarding tourism in Benson County. He asked the board for an endorsement to proceed with organizing a tourism project titled “Heart of North Dakota Adventures.” He requested a member of the board serve on a tourism committee which would include five counties.
He discussed creating a scenic byway in this area and he showed a tourism advertisement currently showing on television for the city of Minnewaukan.
Barry Cox entered the meeting at 9:20 a.m.
A motion was made by Hvinden, seconded by Brown, to endorse the “Heart of North Dakota Adventures” project. All members voted yes. The motion carried unanimously. The board concluded it would run an ad in the Benson County Farmers Press asking for volunteers to serve on the tourism committee.
A motion was made by Brown, seconded by Hvinden, to approve the minutes of the regular meeting of November 15, 2005. All members voted yes. The motion carried unanimously.
Ned Mitzel met with the board and reported the transmission is slipping on the 2001 Chevrolet Impala police car. He also presented his mileage/activity report for November 2005.
John Beckstrand, Benson County Water Resource Board, met with the board regarding the drainage issues in Normania Township. He stated Dan McConnell wants additional dirt removed from the ditch of Hwy. #2. The board stated it will not take any further action on the drainage problems at this time.
He asked that the commissioners review the Devils Lake Outlet Erosion Mitigation Plan which was presented to them at their November 2, 2005 meeting. He suggested the board respond to the state engineer to give its input on the plan.
Todd Allmaras, Nodak Communications, met with the board regarding the new radio and repeater tower that was erected by Prairie Public Broadcasting.
He stated the tower is complete but the antennae to be used by the county is not in place. He informed the board the license has been granted. He estimated the costs for the antennae, lines and mounts to be approximately $7,500. He stated the antennae must be P25 compliant to qualify for Homeland Security dollars. Allmaras recommended that a battery back-up be put into place and stated that perhaps this could be done through Prairie Public Broadcasting.
At 10 a.m., the board met with representatives from the townships and the city of Minnewaukan affected by the rerouting of Hwy. #281. Present were Corey O’Connell and Jim Yri, Riggin Township; Arden Helgeseth, Howard Dressen, Ardon Herman and Darryl Biby, Normania Township; Robert Blegen, Pelican Township; Dean Johnson, Francis Schneider, Virginia Sears and Gary Sears, West Bay Township; Clifford Johnson, Roger Roberts and Tom Schmid, Lallie Township; James P. Wang, Benson County State’s Attorney; Morris Holden Jr. and Don Indvik, Wold Engineering; Gene Hager, Benson County Highway Department; Richard Peterson, city of Minnewaukan; and Brad Darr and Scott Zainhofsky, ND DOT. Darr explained the location of the new roadway. Peterson informed the group the city of Minnewaukan wants the roadway to remain open south of the city to the boat dock and dump ground.
Darr explained the cement barriers north of Minnewaukan will be put into place again next spring, however, when the new roadway is trafficable, they will be removed and the elements of nature will deteriorate the road.
Dressen requested the bridge north of his place be kept in place. Schneider asked that old Hwy. #281 remain open for two years to see what happens with the lake level. Herman commented that he would like the portion of old Hwy.
#281 north of Hwy. #19 going to Devils Lake kept open. State’s Attorney Wang explained the liability issues the county would incur if it took the roadway over. Blegen stated that many Ramsey County residents will be using Benson County roadways to get to and from their homes. Hager explained the tentative plan to go with a new bridge south of Howard Dressen’s if FEMA approves the project. He stated that Ramsey County, however, is opposed to this plan as it wants to stay with the old Hwy. #281. The estimated completion date of the new Hwy #281 is August 1, 2006.
Arland and Thelma Paulson, Leo Walker and Kathy Walker entered the meeting at 10:45 a.m. and exited the meeting at 10:55 a.m.
Ardon Herman questioned what liability the townships would have if they should take over the roadway. State’s Attorney Wang explained it would be no different than any other township road. It was decided a committee would be formed with one representative selected from each affected township and the city of Minnewaukan and the committee would meet with the board on January 17, 2006 at 11 a.m. to give comments.
Morris Holen Jr., Gene Hager, Brad Darr and Scott Zainhofsky met with the board regarding haul road issues. Hager stated that next year the haul roads used by the ND DOT should be repaired and restored. Darr stated the haul roads have been restored to at least the same condition as when they began using them. Hager stated he has not been happy with how some of the haul roads have been repaired. Darr stated a letter of complaint should be written to the ND DOT. The board instructed Hager not to sign any haul road releases on the Hwy. #2 project from Knox to Leeds until the repair issues are resolved.
Dave Johnson, Multi-Purpose Building Committee, met with the board regarding the release of the money pledged by Benson County. He presented a proposed agreement he created for the use of the building to the board. A motion was made by Ripplinger, seconded by Cox, to have the chairman sign the agreement. All members voted yes. The motion carried unanimously.
Bonnie Erickson, Benson County Auditor, informed the board the ND State Auditor’s Office advised it was illegal to release the money until the proper paperwork was in place. The board telephoned James P. Wang, Benson County State’s Attorney, regarding the matter. He explained he had prepared all the necessary legal paperwork and forwarded it to the city of Maddock for signing, however, Johnson told him the city of Maddock and at least two of the county commissioners refused to sign the paperwork he had prepared.
He stated it was his opinion a mortgage and a promissory note must be in place to secure the interest of Benson County in the building until it is complete and the agreement prepared by Johnson was not sufficient. Erickson asked that he prepare a letter to the board to explain what legal advice was given to keep on file. Johnson stated the paperwork that was prepared by State’s Attorney Wang to be presented to the Maddock City Council was a “slap in the face”. Commissioner Brown questioned Johnson on when the estimated $38,000 of work performed by the Benson County Highway Department would be repaid. He stated it would be repaid at a future date if there was any money left. He further explained that actually the county only expended an additional $28,000 as it would have spent approximately $10,000 on leveling anyway. A motion was made by Cox, seconded by Ripplinger, to release the funds to the city of Maddock without signing the documents/paperwork prepared by State’s Attorney Wang. All members voted yes. The motion carried unanimously. Erickson stated she would inquire with the State Auditor’s Office to see whether or not the money could legally be released prior to signing a check.
A motion was made by Brown, seconded by Hvinden, to have the voting precincts in Benson County for the 2006 election year remain the same as they were for the 2004 election. All members voted yes. The motion carried unanimously.
A motion was made by Ripplinger, seconded by Brown, to have the chairman sign the construction contract for PW-693. All members voted yes. The motion carried unanimously.
The board reviewed a letter from the Peterson Coulee Outlet Association dated December 5, 2005, and filed with the Benson County Auditor’s Office on December 6, 2006. Attached to the letter was an appendix which the association requested be added to the Devils Lake Outlet Erosion Mitigation Plan.
A motion was made by Cox, seconded by Ripplinger, to transfer $60,000 from the Highway Tax Fund to the Road & Bridge Fund. All members voted yes. The motion carried unanimously.
The board reviewed a letter from Penny Miller, Supreme Court of ND, dated November 17, 2005, regarding the judicial vacancy in District Judgeship No. 3.
A motion was made by Cox, seconded by Brown, to transfer $1,500 from the General Fund to the Emergency Disaster Fund. All members voted yes. The motion carried unanimously.
A letter from Dave Leftwich, ND DOT, dated November 15, 2005, was presented to the board informing it of the appraisal waiver maximum payment change.
Scott Knoke, Benson County Extension Agent, met with the board regarding purchasing a new copy machine for the Extension office. He stated the estimated cost to the county would be between $1,500 and $1,800.
A motion was made by Hvinden, seconded by Brown, to pay all county approved bills. All members voted yes. The motion carried unanimously. The following bills were paid:
Darryl Biby $69.66
Lyndon Olson 127.41
Travis Anderson 487.66
Tim Finley 68.16
Wanda Teigen 194.69
Albert Twp 2,698.86
Alton’s Bulk Service 1,082.67
Farmers Union Oil-Mdk 4,152.42
Farmers Union Oil-York 5,322.33
North Central Planning
Council 2,083.54
Otter Tail Power Co 163.54
Social Welfare 4,594.75
Frith & Steffan 292.50
Lake Region Community
Service 218.00
Oddens’ Grocery 627.15
Cellular One 41.53
Chad’s Amoco 305.40
Conseco Health Ins Co 108.30
Information Technology
Dept 387.96
ND Telephone Co 696.59
Oddens’ Grocery 4.79
Universal Services 130.00
Cellular One 75.21
ND Telephone Co 211.57
Warwick Oil 4,498.33
Dean Petska 50.00
James Wang 580.00
Nationwide Retirement
Services 150.00
Charles Edmonson 27.00
Cass County Tr 160.00
Gloria Kleven 85.50
ND Council of Ed Leaders 25.00
Beaver Twp 1,690.53
Broe Twp 404.26
Hesper Twp 6,661.79
Knox Twp 3,254.65
McClellan Twp 4,390.25
Oberon Twp 9,364.02
Pleasant Lake Twp 6,191.80
West Antelope Twp 5,384.33
Minnewaukan City 96.95
ND Public Employees
Retirement 10,377.16
AFLAC 334.05
BCBS of ND 3,761.63
Benson Co Transportation 600.00
Bonnie Erickson 30.00
Burnie’s 18.40
Clute Office Equipment 560.32
Charles D Nyhus, MD 175.00
Colonial 155.83
Crossroads 23.24
Ellen Huffman 91.54
Gerrells 29.98
Institute of Local Govn’t 300.00
Jo Dahlen 16.50
Jones Brothers 24.07
Lana Johnson 110.25
LR Law Enforcement Ctr 1,734.99
Lake Region Dist Health 11,377.75
Maximus, Inc 11,000.00
Maddock Mini Mart 290.45
Gus’s Auto Parts 18.58
ND Assn of Counties 5,833.00
ND Public Employees
Retirement 22,375.60
Nelson Funeral Home 530.00
Pitney Bowes 246.56
Benson Co Farmers Press 357.84
Ramsey Co, NDSU Ext 20.00
Schwan Wholesale Co 173.22
Scott Knoke 57.00
Social Welfare 15,317.22
B & H Oil 2,324.25
Benson Co Highway Dept 7,340.45
Benson Co Water Resource
Dist 1,083.54
Bremer Bank 329.45
Butler Machine 78.93
Maddock City 59.65
Minnewaukan City 36.50
Farmers Union Oil-Mdk 4,124.51
Gene Hager 1,313.01
Harlow Co-op Elev 16.95
Harvey Sand & Gravel 3,125.00
Jarvis Hegland 3,015.00
Lannie Simonson Bldg Co 2,562.45
Lake Region Sheet Metal 162.96
Moller’s, Inc 43.05
Gus’s Auto Parts 181.01
ND DOT 182,156.81
ND DOT 147,009.52
Nodak Electric Cooperative 37.15
Northern Plains Elec Co-op 64.00
Oddens’ Grocery 63.13
Otter Tail Power Co 31.03
Otter Tail Power Co 265.47
Paul Kallenbach 3,740.00
RDO Equipment 126.25
Rohrer Residuary Trust 2,100.00
Schwan Wholesale Co 78.85
Service Tire 1,163.84
Summers Mfg 58.29
Susag Sand & Gravel, Inc 1,250.00
Leeds Twp 17,805.29
Viking Office Products 100.31
Wal-Mart 66.31
Wangs 305.82
Wold Engineering 43,954.52
Wanda Teigen 1,313.01
Forrest Hutchinson &
Assoc 80.00
Farmers Union Oil-Mdk 431.59
Galls, Inc 126.40
Oddens’ Grocery 281.13
Otter Tail Power Co 1,410.43
West Payment Center 266.70
Esmond City 26.00
Lyndon Olson 140.82
Tim Finley 83.16
Wanda Teigen 303.14
Travis Anderson 74.16
Curtis Hvinden 110.00
Barry Cox 61.25
Edward Ripplinger 125.75
Jason Lee 136.25
Dwain Brown 87.50
Sports Awards 62.50
Distribution of Entities 16,502.66
Social Welfare 4,326.86
Chad’s Amoco 241.80
Information Technology
Dept 389.44
Matthew Bender & Co 170.45
ND Telephone Co 655.17
Richland County Aud 45.15
Surety Title 238.00
Viking Office Products 26.72
Wal-Mart 9.73
NOVEMBER 2005 NET PAYROLL
County Agent $1,032.32
Emergency Disaster 846.69
VSO 758.61
County General 28,556.42
Social Services 28,660.83
County Road 33,579.09
Food Stamp Program
Performance Monies 5,467.06
The motion carried unanimously to adjourn the meeting.
Bonnie Erickson
Benson County Auditor
Jason Lee
Chairman
(Publish Dec. 28, 2005)


NOTICE TO CREDITORS
IN THE DISTRICT COURT OF BENSON COUNTY, STATE OF NORTH DAKOTA.
In the Matter of the Estate of Ruth E. Wisness, 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 Milton Wisness, personal representative of the estate, at 3149 48th Ave NE, Box 68, Maddock, ND 58348, or filed with the court.
Dated this 28th day of November, 2005.
-s-Milton Wisness
Milton Wisness
J. Thomas Traynor, Jr.
ID #03694
Traynor Law Firm, PC
509 5th St. NE Suite 1
PO Box 838
Devils Lake, ND 58301-0838
(701)662-4077
Attorneys for the Personal
Representative
(Publish 12-28-05, 1-4-06, 1-11-06)


SUMMONS
CIVIL NO. 03-05-C-00178
IN DISTRICT COURT
NORTHEAST JUDICIAL DISTRICT
STATE OF NORTH DAKOTA
COUNTY OF BENSON
Milton Wisness and Dorothy Wisness, )
Plaintiffs, )
vs. )
Jeffrey Ray Cypret and Sarah Marie )
Cypret )
Defendants. )
STATE OF NORTH DAKOTA TO THE ABOVE NAMED DEFENDANTS:
You are hereby required to appear and defend against the Complaint in this action, which is herewith served upon you or will be filed with the Clerk of this Court, by serving upon the undersigned an Answer or other proper response within twenty (20) days of the service of the Summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the Complaint.
This is an action to cancel a Contract for Deed dated February 22, 2005, and recorded March 9, 2005, as Document 192571, Book 89, Page 604, and covers the property described as follows, to-wit:
Lots One (1), Two (2), and Three (3), all in Block Six (6) of Sheimo’s Addition to the City of Maddock, Benson County, North Dakota.
Dated this 12th day of December, 2005.
-s-J. Thomas Traynor, Jr.
J. Thomas Traynor, Jr.
ND ID#03694
TRAYNOR LAW FIRM, PC
509 5th Street NE, Ste 1
PO Box 838
Devils Lake, ND 58301-0838
Telephone: (701) 662-4077
E-mail: [email protected]
Attorneys for Plaintiffs
(Publish 12-28-05, 1-4-06, 1-11-06)


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