1/14/2009 – Public Notices

OFFICIAL PROCEEDINGS

OF THE BOARD OF

COUNTY COMMISSIONERS

BENSON COUNTY

NORTH DAKOTA

December 16, 2008

The Benson County Commissioners met in regular session on Tuesday, November 18, 2008 at 9 a.m.

in the Commissioner Room of the Benson County Courthouse in Minnewaukan. Commissioners present were Jason Lee, Curtis Hvinden, Lowell Haagenson, David Davidson and Michael N. Steffan. The meeting was called to order by Chairman Steffan.

Other people present were Richard Peterson of the Benson County Farmers Press.

Davidson questioned what repairs, if any, will be made to the township road in Sec. 15 of Wood Lake Township. The board concluded it is a township road and any issues regarding needed repairs is the responsibility of the township.

A motion was made by Hvinden, seconded by Haagenson, to approve the minutes from the December 2, 2008 meeting. All members voted yes.

The motion carried unanimously.

The board reviewed a notice for the 59th Annual NDACE Institute set for January 28-30, 2009 in Fargo.

Sheriff Steven J. Rohrer met with the board to present his mileage activity report for the sheriff’s department. The board also reviewed reports for contract work for the cities of Leeds and Minnewaukan. Rohrer informed the board he hired two new employees to replace deputies Lawson and Blood. He reported on the progress of obtaining a trade-in value for one of the patrol cars. Rohrer questioned if there is any office maintenance/upgrades for his office scheduled in 2009.

Rod Lindstrom of Surety Title Co. met with the board. He stated the NDIRF policy renewal will be coming up in February 2009. He stated the premium return for NDIRF in 2009 will be less than what was received in prior years.

The board reviewed the lists of maintenance requests submitted by the various offices in the courthouse earlier in 2008.

The board discussed issues involving the Benson County Transportation Program. The auditor informed the board that Larry Leonard called on December 15, 2008 to make some suggestions on improving the program. Leonard suggested the director’s position be moved to a full-time position. The board contacted the Aging Services Division of the Department of Human Services to question the authority Benson County has regarding the program. The county contributes approximately $9,600 annually toward the program.

The board discussed the contract received for IT services submitted by Dakota Computer Pros of Harvey.

The board discussed retaining membership with the NDACo. Steffan stated that being 2009 is a legislative year, membership should be retained.

A motion was made by Lee, seconded by Hvinden, to appoint Todd Laverdure as Benson County road superintendent for a period of one year commencing January 1, 2009. All members voted yes. The motion carried unanimously. Wages for Laverdure for December 2008 were discussed.

The board received a call back from Cheryl Pfliger of the Aging Services Division of the Department of Human Services regarding Benson County Transportation. She indicated the Aging Services Division no longer handles transportation issues and it is now handled by the NDDOT. She suggested the board contact Larry Leonard. The board left a message with Leonard to return a call.

The board brought back the issue of salary for Todd Laverdure for December 2008. A motion was made by Lee, seconded by Haagenson, to pay Laverdure the probationary highway superintendent salary for December 2008. All members voted yes.

The motion carried unanimously.

Larry Leonard returned a call to the board to discuss issues with Benson County Transportation.

He commented on the scheduling for the vehicles.

He indicated a cell phone should be provided in each vehicle to facilitate pick-ups and drop-offs. Leonard indicated Nutrition United pays the salary for the director and Benson County reimburses Nutrition United. Leonard recommended the director’s position be moved to a full-time position. He also recommended the board contact the director and ask her to attend a commission meeting. He stated there is enough money available through Nutrition United to make the director’s position a full-time position.

State’s Attorney Wang came to the meeting at

10.55 a.m. Wang reviewed the contract for IT services submitted by Dakota Computer Pros. The board also discussed issues concerning Benson County Transportation with Wang.

A motion was made by Lee, seconded by Haagenson, to reappoint Laura Every, Ron Lauinger and Thomas Moller to the Benson County Job Development Authority Board. All members voted yes. The motion carried unanimously.

A motion was made by Haagenson, seconded by Lee, to reappoint Curtis Hvinden to the Benson County Social Service Board. All members voted yes. The motion carried unanimously.

A motion was made by Lee, seconded by Davidson, to reappoint Ellen Huffman as tax equalization director. All members voted yes. The motion carried unanimously.

A motion by was made by Hvinden, seconded by Haagenson, to reappoint Darryl Biby to the Benson County Weed Board. All members voted yes. The motion carried unanimously.

A motion was made by Lee, seconded by Davidson, to have the chairman sign county deeds to the individuals who purchased property at the November 18, 2008 tax sale. All members voted yes. The motion carried unanimously.

A motion was made by Hvinden, seconded by Haagenson, to have the chairman sign the court facilities improvement grant application for the Clerk of Court. All members voted yes. The motion carried unanimously.

A motion was made by Haagenson, seconded by Hvinden, to transfer $1,895.40 from the County Poor fund to the Social Service Fund. All members voted yes. The motion carried unanimously.

Gene Hager and Todd Laverdure met with the board and presented a list of outstanding private accounts at the road department. Wang gave input on the action taken or to be taken on the accounts. Hager recommended the accounts that are only + or – $5.00 be removed off the books. The board suggested possibly pursuing small claims court action against some of the holders of the accounts.

A motion was made by Lee, seconded by Hvinden, to have Todd Laverdure attend the 59th Annual NDACE Institute. All members voted yes. The motion carried unanimously.

Hager discussed the upcoming inoperable emergency communications grant. Hager questioned what should be purchased with the grant money. The board and Hager concluded all radio equipment is currently up-to-date and there is no need to apply for the grant. Hager discussed the budget for the DEM Department.

The board reviewed the application received for the DEM position.

The board reviewed a letter from Wanda Teigen dated December 18, 2008 regarding her desire to retain her positions as road department secretary, workforce safety coordinator and weed board secretary.

The board concluded to re-advertise the DEM position.

A motion was made by Hvinden, seconded by Davidson, to amend the county budget as needed.

All members voted yes. The motion carried unanimously.

A motion was made by Haagenson, seconded by Davidson, to have the chairman sign the 2009-2010 County Federal Aid Program Sheet. All members voted yes. The motion carried unanimously.

The board reviewed a memo from NCPC regarding the Community Development Block Grant, CDBG-2009 dated December 1, 2008.

The board considered granting employees a paid day off on January 2, 2009 to coincide with the New Year holiday. A motion was made by Haagenson, seconded by Lee, to grant employees a paid day off on January 2, 2009. All members voted yes. The motion carried unanimously.

The board reviewed the applications received for the VSO position. A motion was made by Haagenson, seconded by Lee, to appoint David Daeley as VSO officer. All members voted yes. The motion carried unanimously.

The board reviewed a proposed plan of how distribution of EMS levy dollars could be made to the ambulance service areas.

The meeting adjourned at 12:10 p.m.

Bonnie Erickson

Benson County Auditor

Michael N. Steffan

Chairman

MINUTES OF REGULAR MEETING

MADDOCK SCHOOL BOARD

December 9, 2008

A regular meeting of the Maddock School Board was held December 9, 2008 at 5:30 p.m. Present were President Chris Lauinger, Becky Brandvold, Linda Ellingson, David Kenner, Randy Benson, Superintendent Kim Anderson and Business Manager Brenda Fossen. JoLynn Faustch was a guest.

A motion was made by Kenner, seconded by Brandvold, to approve the agenda. The motion carried.

A motion was made by Benson, seconded by Kenner, to approve the minutes of November 18, the General Fund bills totaling $15,158.97, food service and activities reports. The motion carried.

Acme Electric $127.48

Alltel Wireless 48.24

Altru Clinic-LR 1,695.30

Benson Co. Farmers Press 94.72

City of Maddock 4,115.48

Dakota Web Composers 90.00

EduTech 585.00

Expressway Suites 339.80

Farmers Union Oil Co. 3,570.82

Fire Extinguisher Systems 139.90

Grand International 110.00

Gus’s Auto Supply 15.37

Harcourt Brace & Co. 88.54

Harlow’s Bus Sales 404.86

Honeywell, Inc. 1,286.50

JS Vending 256.04

Lannie Simonson Building Co. 168.00

Leevers County Market 11.40

Mac’s, Inc. 88.40

Networking Specialists Inc. 486.42

Quill Corporation 271.62

Schaeffer Mfg. Co. 329.76

Schoolmasters 375.90

Stein Chemical Co. 139.78

Tracy’s Market 170.84

Weekend Farmer Co. 148.80

Principals reported on fall and Christmas music activities and the speech program.

A motion was made by Ellingson, seconded by Brandvold, to accept the open enrollment applications of Brooke Anderson and Braydon, Mathias and Rakel Follman from the Leeds School District. The roll call vote was all in favor.

Dave Kenner and Chris Lauinger volunteered to represent the board on the collaborative bargaining team.

Due to new employment, David Daeley has resigned from his bus driving position.

The 21st Century Program was discussed with the superintendent. The board also reviewed its formative evaluation with Mrs. Anderson.

The next regular meeting will be January 13 at 5:30 p.m. The meeting adjourned.

Brenda Fossen

Business Manager

These minutes are submitted for publication prior to board approval.

NOTICE BEFORE FORECLOSURE

TO:

Mark Wheeler

408 Central Ave.

Maddock, ND 58348

Sharon Wheeler

408 Central Ave.

Maddock, ND 58348

Occupant

408 Central Ave.

Maddock, ND 58348

Mark Wheeler

PO Box 99

Maddock, ND 58348

Sharon Wheeler

PO Box 99

Maddock, ND 58348

the title owners of the following described real property:

All of Lot Seven (7) and the South Half (S?) of Lot Eight (8), Block Two (2) of Kjorliens Addition to the City of Maddock, Benson County, North Dakota aka 408 Central Ave. Maddock, ND 58348.

Notice is hereby given that that certain mortgage upon the above-described property, Mark Wheeler and Sharon Wheeler, mortgagors, executed and delivered to Washington Mutual Bank, FA, Mortgagee, dated August 9, 2006, and filed for record in the office of the Register of Deeds of the County of Benson and State of North Dakota, on the 31st day of August, 2006 at 2:40 o’clock p.m. as Document No. 194447; which mortgage is being serviced by Washington Mutual Bank, and given to secure the payment of $67,500.00, and interest according to the conditions of a certain promissory note, is in default.

NOTICE

Pursuant to the provisions of the Federal Fair Debt Collection Practices Act, you are advised that unless you dispute the validity of the foregoing debt or any portion thereof within thirty days after receipt of this letter, we will assume the debt to be valid. On the other hand, if the debt or any portion thereof is disputed, we will obtain verification of the debt and will mail you a copy of such verification. You are also advised that upon your request within the thirty day period, we will provide you with the name and address of your original creditor, if different from the creditor referred to in this Notice. We are attempting to collect a debt and any information obtained will be used for that purpose.

At this time, no attorney with this firm has personally reviewed the particular circumstances of your account. However, if you fail to contact our office, our client may consider additional remedies to recover the balance due.

The following is a statement of the sum due for principal, interest, taxes, insurance, maintenance, etc., as of 12-6-08:

Principal $62,172.41

Accrued interest to 12-6-08 1,456.37

Late Charges 89.61

Recording Fees 10.00

Pro Rata MIP/PMI 57.38

TOTAL $63,785.77

That as of 12-11-08, the amount due to cure any default, or to be due under the terms of the mortgage, exists in the following respects:

Accumulated Payments

Owing $3,168.12

Principal & Interest:

4 months @ $597.31 = 2,389.24

County Taxes:

4 months @ $93.28 = 373.12

PMI/MIP:

4 months @ $28.69 = 114.76

Hazard Insurance:

4 months @ $72.75 = 291.00

Late Charges 89.61

TOTAL $3,257.73

all of which must be paid BY CERTIFIED FUNDS, MADE PAYABLE TO WASHINGTON MUTUAL BANK and mailed to the undersigned attorney to cure the default, plus any accrued interest, subsequent payments or late charges which become due and any further expenses for preservation of the property which may be advanced. PLEASE CONTACT THE UNDERSIGNED FOR THE EXACT AMOUNT DUE THROUGH A CERTAIN DATE.

You have the right, in accordance with the terms of the mortgage, to cure the default specified above. You also have the right to assert in the foreclosure action that no default exists or any other defense you may have to said action.

Notice is further given that if the total sums in default, together with interest accrued thereon at the time of such payment, accrued payments then due and expenses advanced, are not paid within thirty (30) days from the date of mailing or service of this Notice, the Mortgagee will deem the whole sum secured by the mortgage to be due and payable in full without further notice. Furthermore, proceedings will be commenced to foreclose such mortgage, and in the event of Sheriff’s sale as provided by the laws of the State of North Dakota, the time for redemption shall be as provided by law, but not less than sixty (60) days after the Sheriff’s Sale.

Dated December 11, 2008.

MACKOFF KELLOGG LAW FIRM

Attorneys for the Plaintiff

Office and Post Office Address:

46 West Second St., PO Box 1097

Dickinson, North Dakota 58602-1097

Tel: (701) 227-1841

Fax: (701) 227-4739

By: Sandra K. Kuntz, Attorney #05186

If you have previously received a discharge in a Chapter 7 bankruptcy, this is not an attempt to collect a debt against you personally, but only an attempt to determine your intention concerning retaining this property.

(Publish Dec. 31, 2008 & Jan. 7 & 14, 2009)

AGENDA

MINNEWAUKAN SCHOOL BOARD

January 14, 2009 – 6 p.m.

I. Call to order

II. Additions and approval of agenda

III. Delegations and communications. A. Opportunity for public to speak IV. Reading and approval of the minutes V. Presentation of bills VI. Reports. A. General Fund; B. Special Fund; C.

Hot lunch; D. Capital projects

VII. Old business. A. Update on portable classroom project; B. Update on instant alert software VIII. New business. A. January 19 in-service, Lake Region State College in Devils Lake; B.

Impact Aid payment has arrived; C. Pregnancy leave; D. NAEP testing in February IX. Principals’ reports X. Next meeting date and time XI. Adjournment (Publish Jan. 14, 2009)

NOTICE TO CREDITORS

IN DISTRICT COURT, BENSON COUNTY, STATE OF NORTH DAKOTA.

Probate #03-08-P-16

In the Matter of the Estate of Jerome K. Sanders, 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 James E. Sanders, personal representative of the estate, at 1410 Collins Street, Sioux City, IA 51103, or filed with the court.

Dated this 11th day of December, 2008.

-s-James E. Sanders

James E. Sanders

Personal Representative

James P. Wang

Main Street East

PO Box 211

Minnewaukan, ND 58351

(701) 473-5338

ID#: 04664

Attorney for Estate

First publication on the 31st day of December, 2008.

(Publish Dec. 31, 2008 & Jan. 7 & Jan. 14, 2009)