2/11/2009 – Public Notices

OFFICIAL PROCEEDINGS

OF THE BOARD OF

COUNTY COMMISSIONERS

BENSON COUNTY

NORTH DAKOTA

January 20, 2009

The Benson County Commissioners met in regular session on Tuesday, January 20, 2009 at 9 a.m. in the commissioner room of the Benson County Courthouse, Minnewaukan, ND. Commissioners present were Jason Lee, Curtis Hvinden, Lowell Haagenson, David Davidson and Michael N.

Steffan. The meeting was called to order by Chairman Steffan. Also present was Richard Peterson of the Benson County Farmers Press.

Lee stated he received a call from the City of Minnewaukan relative to payment for an approach constructed by the county highway department on the south side of town.

Sheriff Steven J. Rohrer met with the board to present his mileage/activity report for December 2008. He also presented a bid received from Marketplace Motors for a 2009 Ford Taurus for the department. The estimated cost for the vehicle was $20,998. The estimate did not include costs of detailing, etc.

Al Freidig of Real Estate 7 and Henry Duray of Graham’s Island State Park came to the meeting.

Haagenson stated he is concerned if there is money available for purchasing a new patrol vehicle. He stated funds need to be looked at prior to making any commitment. The board discussed what new blades may need to be purchased this year for the road department. The board suggested Rohrer contact other nearby dealerships to get additional quotes. Rohrer also presented the board with a quote for new office furniture for his office.

Steffan asked if the county is exempt from paying gas tax because the county is a governmental entity.

A motion was made by Haagenson, seconded by Davidson, to allow the sheriff to purchase a new office desk for his office. All members voted yes. The motion carried unanimously.

New flooring for the sheriff’s office was discussed.

Lee gave Duray an opportunity to speak on the issue of the application for zoning variance submitted by Alex Kowal. Duray presented the board with a map depicting the boundaries of Graham’s Island State Park. Duray stated his concerns with the board granting the application. He stated the board will need to be the entity responsible for overseeing the new campground area as there are no plans in place for creating an independent board in the application.

State’s Attorney James P. Wang came to the meeting.

Duray commented on the current road condition of the roadway which leads to the campground area. He also informed the board of the issue with snow blocking the roadway. He stated the park currently has to plow out the roadway.

Duray informed the board that the park use was down approximately 12% from the previous year. Duray also stated there is only a limited quantity of rural water to be used by the state park so rural water supply to the campground area may not be possible.

Grants for the park systems in the state were discussed.

Lee gave Freidig an opportunity to speak on the issue of the application for zoning variance submitted by Alex Kowal. Freidig questioned why the issue was removed the agenda. The auditor explained it was due to landowners on Graham’s Island wanting a chance to respond to the decision of the zoning board. Haagenson questioned who would be responsible for road repair, etc. Freidig explained that Kowal would put in a roadway to the sites and electricity would be installed. Wang explained that road repair would be the responsibility of the Second Commissioners District. Wang also explained that the application requests the property be re-zoned from agricultural to R3. Freidig explained the issues with running rural water to the campground area.

Lee questioned why there is opposition to the application by the landowners. Wang explained the concerns of the landowners. Steffan stated he wants a more definite reason to disallow the development.

Wang gave an explanation. Haagenson stated he is concerned with the people living near the development and them having to deal with the issues that come with the development. He also thought that the landowners should be given an opportunity to speak. The board concluded to give the landowners the opportunity to speak at the February 17, 2009 commission meeting.

Tax Equalization Director Ellen Huffman met with the board for the reading of the Model C Ordinance. She stated the ordinance has been updated, but there was no change. A motion was made by Steffan, seconded by Haagenson, to waive the reading and adopt the Model C Ordinance. All members voted yes. The motion carried unanimously.

Huffman presented an application for inundated property submitted by Pat Traynor. The board agreed to have Wang get further information on this issue.

Huffman presented another application for inundated property submitted by Ronald Hausmann. The board reviewed the application.

Huffman recommended to the board that this application be approved. A motion was made by Haagenson, seconded by Steffan, to approve the application. All members voted yes. The motion carried unanimously.

A motion was made by Steffan, seconded by Hvinden, to approve the minutes from the January 6, 2009 regular meeting and the January 8,

2009 special meeting. All members voted yes. The motion carried unanimously.

Huffman also went over the ag valuations with the board. She informed the board the state recommends $286.62. She stated Benson County is within the +5% and -5% allowance. Huffman explained the process of valuating property.

Travis Beck of Devils Lake Equipment met with the board and requested approval to place GPS equipment on the radio tower on Rangen Hill east of Maddock. He stated GPS equipment is being put on other towers in this area. He stated the equipment will run off of a 12 volt charger. Wang stated he is concerned with any liability which may arise from another entity using the tower. Beck stated Devils Lake Equipment will be responsible for any liability and will maintain insurance on the equipment. Rental fees were discussed. Beck stated it will cost approximately $20,000 to get the equipment in place.

Beck stated Devils Lake Equipment would like a yearly rental payment rather than monthly. Steffan stated if the tower ever goes down, it will probably not be reconstructed. The board concluded it would make a decision on this issue at the February 3, 2009 meeting.

The board reviewed an e-mail regarding HB 1180 which involves "voting by mail" during election years. A motion was made by Steffan, seconded by Haagenson, to send an e-mail to the area legislators supporting "vote by mail" for both the primary and general elections.

All members voted yes. The motion carried unanimously.

Haagenson expressed his concerns with the excess expenditures of the road department. The board discussed having the road superintendent give a report at the regular meetings.

Haagenson also suggested obtaining some estimated costs for new blades for the road department.

Lee gave a report on the recent law enforcement board meeting.

Hvinden informed the board an additional driver has been hired for Benson County Transportation.

The meeting adjourned at 11:55 a.m.

Bonnie Erickson

Benson County Auditor

Jason Lee

Chairman

OFFICIAL PROCEEDINGS

OF THE BOARD OF

COUNTY COMMISSIONERS

BENSON COUNTY

NORTH DAKOTA

January 23, 2009

The Benson County Commissioners met in special session at 9 a.m. in the commissioner room of the Benson County Courthouse, Minnewaukan, ND. The purpose of the meeting was to discuss and possibly hire a new road superintendent. Commissioners present were Curtis Hvinden, David Davidson, Jason Lee, Michael N. Steffan and Lowell Haagenson. Others present were Richard Peterson of the Benson County Farmers Press and State’s Attorney James P. Wang.

Lee opened the meeting and stated that Todd Laverdure, road superintendent, took another job position. No official resignation was received, but notice was given via telephone conversation with the chairman of the board. The board questioned Wang whether or not the county needs to re-advertise for the position. Wang stated he did not believe the position needs to be re-advertised due to the short time Laverdure served as road superintendent and a person can be selected from the previous applications received. Chairman Lee telephoned Laverdure to see if he planned on submitting a written resignation. Laverdure stated he would come in to meet with the board.

Lee suggested contacting the former road superintendent to see if he would be acceptable to training in the new person selected for the position. Steffan suggested asking the former road superintendent to train the new employee under a contract and not hire the former road superintendent as an employee.

Laverdure arrived at the meeting. The board questioned who he recommended be in charge when he leaves. Laverdure recommended Dennis Weed. Laverdure stated his last day of employment with Benson County will be January 31, 2009.

Laverdure discussed pending issues with the road department. He questioned if the county would be declaring an emergency disaster due to excessive snow. He discussed an e-mail received from Wold Engineering regarding the 1% materials tax being charged by the Spirit Lake Tribe for the Wood-Rutten road project. The e-mail indicated that if the 1% materials tax is not forgiven by the tribe, the project will not be possible. Laverdure also discussed snow removal on a township roadway on the west side of Rich Valley Township.

Wang asked that Laverdure put together a listing of major issues which the new road superintendent will need to deal with upon accepting the position.

The board reviewed the previous applications received for the road superintendent position.

The board telephoned Troy DeMarais who applied for the position.

DeMarais stated he may still be interested in the position. He questioned the pay for the position and also the health insurance benefits. He also posed other questions to the board. He stated he would not be able to start work for Benson County for at least six weeks. He questioned if a county vehicle would be available to him to drive to and from work. The board stated this would be left for later discussion. DeMarais stated he will contact the auditor next week to notify the board of his decision.

Wang recommended that someone from the road board be designated to be the assistant road superintendent.

Meeting adjourned at 10:20 a.m.

Bonnie Erickson

Benson County Auditor

Jason Lee

Chairman

MINUTES OF REGULAR MEETING

OBERON CITY COUNCIL

January 5, 2009

A regular meeting of the Oberon City Council was held Jan. 5, 2009.

Present were James Nelson, Pete Hager, Doug Schmid and Jessi Knatterud.

A motion was made by Schmid, seconded by Hager, to approve the minutes from the previous meeting. The motion carried.

A motion was made by Hager, seconded by Schmid, to pay all bills. The motion carried.

Oberon Park District $150.75

ND Public Health Lab 16.00

Waste Management 931.77

ND Sewage Pump Service Co. 250.00

ND Telephone Co. 62.12

Benson Co. Farmers Press 31.36

Ruth Buehler 45.25

Farmers Union Oil 18.82

Benson Co. Highway Dept. 735.30

Workforce Safety Insurance 252.24

Corey Ploium 184.70

Jessi Knatterud 369.40

ND Rural Water Systems 75.00

Otter Tail Power Co. 835.96

A representative from Waste Management scheduled to discuss new options for garbage disposal was unable to attend the meeting. A special meeting is set for Jan. 14, 2009.

The next regular meeting will be Feb. 2, 2009 at 7 p.m.

There being no further business the meeting was adjourned.

Jessi Knatterud

City Auditor

James C. Nelson

Mayor

MINUTES OF REGULAR MEETING

MADDOCK SCHOOL BOARD

January 20, 2009

A regular meeting of the Maddock School Board was held January 20,

2009 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.

Guests were Jillian Maddock and Katie Streifel.

A motion was made by Brandvold, seconded by Ellingson, to include the senior class on the agenda and to approve the agenda as amended. The motion carried.

A motion was made by Kenner, seconded by Ellingson, to approve the minutes of December 9, the General Fund bills totaling $38,427.31, food service and activities reports. The motion carried.

GENERAL FUND

Ace Industrial Supply $225.49

Acme Electric 95.21

ACT 199.50

Alltel Wireless 48.24

Altru Clinic-LR 1,545.30

AVI Systems 3,981.00

Belle Trucking 5,577.61

Benson County 3,374.69

Benson Co. Farmers Press 74.24

Cal-Pacific Products 291.55

City of Maddock 4,231.76

Cole Papers 176.24

Dakota Web Composers 90.00

Daryl’s Refrigeration, Llc 291.75

Devils Lake C&F Tire Center 624.67

Ecolab Pest Elimination 118.50

Farmers Union Oil Co. 4,004.46

Follett Software Co. 1,507.77

Gaffaney’s of Minot 1,120.56

Gassy Fanny’s 170.00

Gus’s Auto Supply 112.88

Harlow’s Bus Sales 277.88

Herald Press 35.00

Hewlett Packard Co. 950.00

Information Technology Dept. 288.21

Jaymar Business Forms 89.63

Johnson Clinic,PC 204.00

JS Vending 245.19

Kidspeace Corporation 3,037.14

Lannie Simonson Building Co. 188.80

Maddock Fire Dept. 515.14

Menards 97.25

ND Assn. of School

Administrators 135.00

ND State Auditor 165.00

Quill Corporation 1,657.64

Rose’s Stitch & Sew 17.37

Schoenfish, Emil, R 650.00

School Transportation News 29.95

Surety Title Co. 1,831.10

Tracy’s Market 33.71

Twete Inc. 44.70

US Food Service 35.48

Zee Medical Service 37.70

TOTAL 38,427.31

Principals reported on 21st Century Program activities and the continued increase of SMARTboard usage in the classrooms. The most recent EduTech class was for SMARTboard training.

The representatives of the class of 2009 presented an itinerary and trip estimate for the senior class. The class is requesting a ski trip March 18-22 to Whitefish, Mont., via train, departing from Devils Lake. Mr. and Mrs. Yri will chaperone. Permission was given by the board to make necessary reservations, but to come back to the February meeting with the costs detailed.

A motion was made by Kenner, seconded by Ellingson, to advertise for bids for the bleacher replacement project. The roll call vote was all in favor. The motion carried.

Discussion was held on the equipment needs for the football co-op.

Each school will contribute one third of the projected $13,102.91 expense. Maddock will be the fiscal agent.

Mrs. Anderson informed the board that Mr. Daeley will be unable to teach driver education in June. The board expressed interest in continuing the program if it can be staffed in-house.

A motion was made by Benson, seconded by Brandvold, to approve the first readings of the following policies: FCAC Head Lice; DDAA Family & Medical Leave; DDAA-BR Family & Medical Leave Regulations; and DDAA-E Family & Medical Leave Law Exhibit. The roll call vote was all in favor. The motion carried.

A motion was made by Brandvold, seconded by Kenner, to reinstate Title I policies adopted in 2005 that did not get included in the policy book revision: GAD Parental Involvement and GAD-2 Parent Compact. The roll call vote was all in favor. The motion carried.

Mrs. Anderson informed the board that due to the winter road conditions, bus routes are being revised as conditions dictate. The eastern route is going to be reversed in the mornings.

The Leeds School Board has inquired if we are interested in beginning talks for a future boys’ basketball co-op. The Maddock board agreed.

A motion was made by Benson, seconded by Ellingson, to set the date of the annual school board election for June 9, 2009 from 11 a.m to 7 p.m. The roll call vote was all in favor. The motion carried.

Mrs. Anderson, Dave Kenner and Chris Lauinger will attend the negotiations seminar February 6-7.

The next regular meeting will be February 10, 2009 at 5:30 p.m.

Pursuant to NDCC 44-04-19.2, a special meeting will be held in executive session to begin negotiations planning following the regular meeting. The meeting adjourned.

Brenda Fossen

Business Manager

These minutes are submitted for publication prior to board approval.

NOTICE TO CREDITORS

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

In the Matter of the Estate of Vern T. Thompson, 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 Hazel DeGroot, personal representative of the estate, at 330 13th Avenue NE, Jamestown, North Dakota 58401, or filed with the court.

Dated this 23rd day of January, 2009.

-s-Hazel E. DeGroot

Hazel DeGroot

Personal Representative

330 13th Avenue NE

Jamestown, ND 58401

Kenneth L. Dalsted

Dalsted & Ryan, PC

208 2nd Avenue SW

PO Box 1727

Jamestown, ND 58402-1727

Attorney for Personal Representative

First publication on the 4th day of February, 2009.

(Publish Feb. 4, 11 & 18, 2009)

NOTICE TO CREDITORS

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

In the Matter of the Estate of Phyllis J. Larson, 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 Gerald Larson, personal representative of the estate, at PO Box 428, Leeds, ND 58346, or filed with the court.

Dated this 29th day of January, 2009.

-s-Gerald Larson

Gerald Larson

Personal Representative

PO Box 428

Leeds, ND 58346

J. Bruce Gibbens

GIBBENS LAW OFFICE

PO Box 708

Cando, ND 58324

(701) 968-3342

Attorney for Estate

First publication on the 11th day of February, 2009.

(Publish Feb. 11, 18 & 25, 2009)

NOTICE OF ELECTION

LEEDS PUBLIC SCHOOL

DISTRICT NO. 6

Notice is hereby given that the Leeds Public School District No. 6 special election will be held on Tuesday, February 17, 2009 at the Leeds Public School for the following purpose:

To change the geographic areas of residence from which the voters at large elect its five school board members.

Polls will be open from 11 a.m. to 7 p.m. on Tuesday, February 17,

2009 at the Leeds Public School, 530 1st Street SE, Leeds, North Dakota.

Maria Dunlap

Business Manager

Leeds School District No. 6

Leeds, ND 58346

(Publish Jan. 28 & Feb. 4 & 11, 2009)

MINUTES OF REGULAR MEETING

ESMOND CITY COUNCIL

February 4, 2009

A regular meeting of the Esmond City Council was held February 4,

2009 at 7 p.m. at the Esmond City Hall. Present were Mayor Estagen Zimmerman, council members Lance Alexander, DeLores Solway, Ellen Truax and Sylvester Hoffner and City Auditor Misti Arnold.

A motion was made by Lance Alexander, seconded by Sylvester Hoffner, to approve the minutes of the regular meeting of January 21, 2009.

The motion carried unanimously.

A motion was made by Ellen Truax, seconded by DeLores Solway, to pay all approved bills. The motion carried unanimously. Bills approved are as follows:

Terry Schwab $404.43

Misti Arnold 554.10

Dennis Leier 160.00

WSI 250.00

Waste Management 1,422.83

ND Telephone Co. 54.47

Otter Tail Power Co. 864.82

Benson Co. Farmers Press 68.45

Farmers Union Oil Co. 446.00

Benson Co. Highway Dept. 862.50

Esmond Park Board 122.33

Hawkins 332.73

ND Sewage Pump

Lift Station 300.00

ND Rural Water 75.00

ND Public Health 32.00

There were no more bids or offers on the city’s pickup. Lance Alexander will talk to a few people that might be interested.

Bill Hartl said he would drop off the papers with the mayor on February 10 that are needed to finish the deal with ND Rural Water.

The next regular meeting will be held Wednesday, March 4, 2009 at 7 p.m. at the Esmond City Hall.

Sylvester Hoffner made a motion to adjourn the meeting, seconded by Ellen Truax. The meeting adjourned.

Misti Arnold

City Auditor