4/15/2009 – Public Notices

OFFICIAL PROCEEDINGS

OF THE BOARD OF

COUNTY COMMISSIONERS

BENSON COUNTY

NORTH DAKOTA

March 17, 2009

The Benson County Commissioners met in regular session Tuesday, March 17, 2009 at 9 a.m. in the commissioner room of the Benson County Courthouse in 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 Lee. Richard Peterson of the Benson County Farmers Press was also present.

The board discussed the extension of time given by the State of ND for the county to submit a plan to use the $800,000 stimulus money.

Peterson indicated Senator Joan Heckaman is attempting to set up a meeting with Myra Pearson of the Spirit Lake Tribe to discuss the tribe forgiving the 4% materials tax assessed against the Wood-Rutten Road paving project.

States Attorney James P. Wang arrived at the meeting.

Sheriff Steven J. Rohrer met and presented a grant application from the Office of Community Oriented Policing Services for consideration by the board.

A telephone conference was held with Dave Leftwich and Francis Ziegler, ND DOT, regarding the extension of time given to Benson County to come up with a plan to utilize the $800,000 stimulus money allocated. The letter the board sent to Paul Benning, ND DOT, dated March 6, 2009 was discussed. Ziegler’s response to the letter was that the stimulus money came with some very tight time frames.

Ziegler stated 50% of the total money to be distributed needs to be obligated within 120 days. Lee questioned why a resolve cannot be made for payment of the 4% materials tax to the Spirit Lake Tribe.

Leftwich stated the state is willing to pay the TERO tax assessed on the project but the 4% materials tax is a local tax and the state does not believe the tribe should receive additional money from a project that is developed to benefit them. Ziegler stated that if the county paid the materials tax, it would set precedence for other projects. A meeting is scheduled with Myra Pearson of the Spirit Lake Tribe on March 26, 2009 in Bismarck, ND, to discuss the materials tax issue. Ziegler explained all the taxes and income the tribe receives money for from road projects on the reservation. Steffan questioned if the meeting on March 26, 2009 is necessary because it will be past the deadline for coming up with a plan to use the money. Leftwich explained the March 26, 2009 deadline will not necessarily be too late for a project. Steffan explained that at this time the county cost for paving the Wood-Rutten Road is $200,000.00. Another project is also currently underway which will cost the county $85,000.

Steffan explained the county cannot afford to do both projects. Lee indicated that March 20, 2009 is the bid opening on the scheduled chip seal projects. Leftwich explained that the county would have 30 days in which to accept or deny the bids on the chip seal projects.

Ziegler stated the only issue with delaying accepting the bids on the chip seal projects is that the bidders may be discouraged if they find out their project is denied so the money can be used to do another project. He also indicated that if the bids are denied on the chip seal projects, the projects cannot be re-bid for another year.

Leftwich stated no materials tax will be paid by the state whether the tax is assessed by the Spirit Lake Tribe or any other entity.

Ziegler stated that in all other projects, the tribe waived the materials tax. The state indicated it would allow the board the option to not make a definite decision on going forth with the chip seal projects until after March 26, 2009. Davidson questioned if it would be permissible to have a private individual pay the 4% materials tax. The state indicated it could not be paid as a "materials tax."

At 9:30 a.m. a telephone conference was held with Troy DeMarais regarding the county highway superintendent position. DeMarais indicated his main concern is health insurance and a vehicle to drive back and forth to work. He also indicated he would not be able to start working full-time until around May 1, 2009. Haagenson stated wages could be increased to $3,750 if needed. Haagenson stated a decision needs to be made today on whether or not he will take the position, otherwise the position will be re-advertised. DeMarais indicated he will call the auditor with an answer later today.

Shelley Aabrekke met with the board to present her monthly report for March, of 2009. She indicated her concern with the sewer system in Minnewaukan failing. The board informed her that if the system failed she would need to relocate to the Devils Lake Health Unit until the situation is resolved. Peterson stated the city of Minnewaukan is taking action on securing the sewer system.

Acting Highway Superintendent Dennis Weed and Road Secretary Wanda Teigen met with the board. Weed gave an update on the activities of the road department. He questioned when road restrictions/load limits should go into effect. A motion was made by Steffan, seconded by Haagenson, to have road restrictions/load limits go into effect Friday, March 20, 2009. All members voted yes. The motion carried unanimously. Class II restrictions will be placed on county roads and Class AA restrictions will be placed on the Oberon North road.

Weed presented a bill from Ritterman Trucking for assisting with snow removal. The total cost of contractors hired to assist with snow removal was $35,835. Teigen presented a listing of costs incurred for snow removal for January and February of 2009. Teigen explained the county will only get reimbursed for any costs in excess of 200% of a five year average. Peterson indicated the state Web site showed Benson County qualifies for disaster dollars. A motion was made by Hvinden, seconded by Steffan, to use dollars from the Emergency Fund to pay costs associated with the damage of roadways in Benson County due to excess snowfall from and after January 17, 2009. All members voted yes. The motion carried unanimously.

The board reviewed a bill for work performed on a county road by a private individual not hired by the county dated March 12, 2009. A motion was made by Haagenson, seconded by Davidson, to pay the bill and to pay all other private individuals who assisted in clearing snow from county roads provided the individuals obtained road superintendent approval prior to the work being completed. All members voted yes. The motion carried unanimously.

The board reviewed profit and loss reports for the road department on cash and accrual basis. Teigen also presented revenue vouchers and a profit and loss report for January through March of 2009.

Haagenson questioned why the county has not been reimbursed for several FEMA projects. Teigen explained it is because she has not had time to complete the paperwork. The board questioned if additional help should be hired. Teigen explained it would take more time to train someone to do the paperwork than it would to do it. Steffan questioned how many hours it would take to do the paperwork. Teigen figured it would take about two weeks at four hours per day. A motion was made by Steffan, seconded by Haagenson, to allow Teigen to work overtime to complete the paperwork, not to exceed 40 hours. All members voted yes. The motion carried unanimously.

Teigen questioned if employees should participate in risk management courses to obtain a discount on worker’s compensation premiums. A motion was made by Steffan, seconded by Haagenson, to have employees take the online courses to obtain the discount. All members voted yes. The motion carried unanimously.

The board held a telephone conference with Bob Indvik of Wold Engineering, regarding coming up with a project to use the stimulus money on. Steffan questioned Indvik on which project to proceed with as funding is not available to do both projects. Indvik stated that if the Wood-Rutten project was held off until next year, perhaps federal aid account dollars could be used and Benson County would only need to come up with the 20% match. The $800,000 stimulus money would still be available at the end of the year if the 4% materials tax is forgiven. Steffan questioned what engineering costs have been incurred for both projects. Indvik said he would need to check on this and report back.

Lee questioned what response should be given at the bid letting in Bismarck on March 20, 2009 as to accepting or declining the chip seal projects. Suggestions were made to have Lee postpone signing the acceptance certificate for one week. Steffan suggested that Lee should sign the certificate and proceed with the chip seal project.

The board discussed the preliminary engineering fees for the Wood-Rutten Road. The board concluded to not incur any further engineering costs on the Wood-Rutten Road until it is known whether or not the project will go forth. The board concluded to allow Lee to sign the certificate if bids on the chip seal projects are under engineer’s estimates.

The board discussed the special election held in three townships to impose an excess levy for the respective townships.

A motion was made by Steffan, seconded by Hvinden, to approve the minutes from the regular meeting of March 6, 2009. All members voted yes. The motion carried unanimously.

The board reviewed the Permanent Land Use Ordinance Area of Special Consideration. A motion was made by Haagenson, seconded by Hvinden, to have the chairman sign the ordinance. All members voted yes. The motion carried unanimously.

A motion was made by Steffan, seconded by Hvinden, to approve issuing a gaming permit to Sand Lake Trail Riders for the period March 17,

2009 through December 31, 2009. All members voted yes. The motion carried unanimously.

A motion was made by Haagenson, seconded by Davidson, to contribute any money collected under NDCC 27-01-10 to the safe house in Devils Lake, ND. All members voted yes. The motion carried unanimously.

Lee stated he received requests from the public to have the board write a letter to the judge of the district court in the recent drug cases in Benson County to request that the defendants receive more than the minimum sentence allowed. A motion was made by Haagenson, seconded by Hvinden, to write the letter as requested. All members voted yes. The motion carried unanimously.

The board discussed purchasing flood insurance for county-owned buildings in Minnewaukan. Wang suggested getting a quote for the flood insurance.

David Davidson left the meeting at 12:02 p.m.

Wang discussed the transfer of property back to BTR Elevator. A motion to transfer certain property back to BTR was made by the board at a prior meeting. The board reviewed a letter State’s Attorney Wang sent to NCPC on March 16, regarding this issue.

Lee informed the board of an upcoming LEC meeting to be held in Devils Lake.

The board reviewed a proposed job description for the clerk at the highway department. A motion was made by Haagenson, seconded by Steffan, to approve the job description as presented. All members voted yes. The motion carried unanimously.

The board discussed insurance benefits issues for married couples working for the county.

The board reviewed a letter from FEMA dated March 6, 2009 regarding the adoption of floodplain management measures.

The board also reviewed a letter from the ND DOT dated March 6, 2009 regarding the Director’s Task Force Transportation Enhancement Projects American Recovery and Reinvestment Act of 2009.

The board concluded that an estimate for flood insurance on the county owned buildings should be obtained.

The meeting adjourned at 12:25 p.m.

Bonnie Erickson

Benson County Auditor

Jason Lee

Chairman

OFFICIAL PROCEEDINGS

OF THE BOARD OF

COUNTY COMMISSIONERS

BENSON COUNTY

NORTH DAKOTA

March 25, 2009

The Benson County Commissioners met in special session at 1:00 p.m.

in the auditor’s office of the Benson County Courthouse in Minnewaukan, ND. The purpose of the meeting was to declare a statement of emergency for flooding in Benson County. Commissioners present were Jason Lee, Michael N. Steffan and Lowell Haagenson. Also present was Richard Peterson of the Benson County Farmers Press.

A motion was made by Steffan, seconded by Haagenson, to declare a state of emergency exists in Benson County and to have the chairman sign the Emergency Declaration. All members present voted yes. The motion carried unanimously.

The board granted Disaster Emergency Manager Charles Paulson permission to work additional hours during the flood season to keep up with his paperwork. His hours shall not exceed 40 hours per week.

The meeting adjourned at 1:10 p.m.

Bonnie Erickson

Benson County Auditor

Jason Lee

Chairman

OFFICIAL PROCEEDINGS

OF THE BOARD OF

COUNTY COMMISSIONERS

BENSON COUNTY

NORTH DAKOTA

March 26, 2009

The Benson County Commissioners met in special session March 26, 2009 at 9:00 p.m. at the Minnewaukan Public School in Minnewaukan, ND. The purpose of the meeting was to appoint an applicant agent for the snow disaster in Benson County. Commissioners present were Curtis Hvinden, Jason Lee, Michael N. Steffan and Lowell Haagenson. Also present was Charles J. Paulson, DEM.

A motion was made by Steffan, seconded by Hvinden, to appoint Charles J. Paulson applicant agent for Benson County for state snow removal assistance under State Executive Order 2009-2. All members present voted yes. The motion carried unanimously.

The meeting adjourned at 9:10 p.m.

Bonnie Erickson

Benson County Auditor

Jason Lee

Chairman

MINUTES OF REGULAR MEETING

ESMOND CITY COUNCIL

April 1, 2009

A regular meeting of the Esmond City Council was held April 1, 2009 at 7 p.m. at the Esmond City Hall. Present were Mayor Estagen Zimmerman, council member Ellen Truax and City Auditor Misti Arnold.

Absent were Lance Alexander, Sylvester Hoffner and DeLores Solway.

Due to illness among council members there was no quorum. A decision was made to pay the April bills. These bills will be examined by the rest of the council members in May. The bills are as follows:

Terry Schwab $404.43

Misti Arnold 554.10

Benson Co. Tax Equalization 466.00

Waste Management 1,422.83

ND Telephone Co. 54.58

Otter Tail Power Co. 797.42

Benson Co. Farmers Press 31.20

Surety Title Co. 1,011.00

Benson Co. Highway Dept. 504.00

The annual tax equalization meeting of the City of Esmond was held April 1, 2009 at 7 p.m. at the Esmond City Hall. Ellen Huffman and Randy Thompson of the Benson County Tax Equalization Office were present. Ellen presented the proposed changes. Ellen Truax made a motion to accept the changes, seconded by Sylvester Hoffner (per phone conversation). The motion carried unanimously.

All other matters on the city’s agenda were tabled until May.

The next regular meeting will be held Wednesday, May 6, 2009 at 7 p.m. at the Esmond City Hall.

Misti Arnold

City Auditor

NOTICE OF ELECTION

OBERON SCHOOL DISTRICT NO. 16

Notice is hereby given by Renae Kennedy, Business Manager of Oberon School District No. 16, that on Tuesday, the 30th day of June 2009, an annual election will be held for the purpose of electing two members to the school board, each for a three-year term.

Any candidate for election as a member to the school board shall file with the business manager of the school board not less than 60 days before the election, by May 1, 2009 before four o’clock p.m., a statement setting forth his or her name and the position for which he or she is a candidate. A statement that is mailed to the business manager shall be in physical possession of the business manager before four p.m. on the sixtieth day before the election, May 1, 2009.

School board members with expiring terms are Greg Thomas and Roger Skadsem. School board members are elected at large. Holdover members of the board are Yvonne Thumb, Paula Deckert and Karen Peterson.

The Oberon School District polls are located in the Oberon School lunch room. Polls will be open on June 30, 2009 from 11 a.m. to 7 p.m.

Renae Kennedy

Business Manager

Oberon School District No. 16

(Publish April 8, 15, 22 & 29, 2009)

MINUTES OF SPECIAL MEETING

MADDOCK CITY COUNCIL

March 18, 2009

A special meeting of the Maddock City Council was held at 4:30 p.m.

Wednesday, March 18, 2009 at City Hall to discuss an electrical increase. Mayor Rod Maddock presided over the meeting. Present were council members Kent Neppl, Kay Feig, Larry Summers and Marilyn Allan. Also present was electrical engineer consultant Joe Schulte.

Due to another rate increase from electrical suppliers, it has become apparent an increase in consumer account rates is necessary.

After a lengthy discussion Joe Schulte suggested the council implement a $10.00 service charge for residential accounts, (this does not include separate garage meters) a $15 service charge for small commercial accounts and a $30.00 service charge for large commercial accounts. He also suggested an increase in the electric heat rate from .040 to .045. Duel fuel would remain the same. A motion was made by Feig, seconded by Allan, to implement the service charges and the electric heat increase effective June 1, 2009. The motion carried.

There being no further business, the meeting was adjourned.

Pamela Lee

City Auditor

Rodney Maddock

Mayor

(These minutes have not yet been approved by the Maddock City Council.)

ADVERTISEMENT FOR CONSTRUCTION BIDS

NORTH CENTRAL

RURAL WATER CONSORTIUM

Rural Water Consortium

2718 Gateway Avenue – Suite #201

Bismarck, ND 58503-0585, Owner

Separate sealed bids for construction of: REAP Zone Phase I Rural Water Supply Project — Part B Booster Station will be received by Ralph Packulak/Rick Anderson at the office of Central Plains Water District, 102 Main Avenue South, Fessenden, ND 58438 until 10:30 o’clock A.M. CST on the 29th day of April 2009, where and at which time they will be publicly opened and read aloud.

The scope of work consists of furnishing and installing the following approximate quantities: Base Bid — Approx. 32,600 gallon concrete underground reservoir, control building including all valves, piping, and electrical work, and miscellaneous site work. To include all apparatuses and miscellaneous work necessary and incidental thereto.

Each bid must be accompanied by a separate envelope containing a bidder’s bond in a sum equal to five percent of the full amount of the bid, executed by the bidder as principal and by a surety, conditioned that if the principal’s bid is accepted and the contract awarded to the principal, the principal, within ten (10) days after notice of award, shall execute a contract in accordance with terms of the bid and a contractor’s bond as required by law and the regulations and determinations of North Central Rural Water Consortium, owner.

The bidder must be licensed for the full amount of the bid. No bid may be read or considered if it does not fully comply with these requirements; any deficient bid submitted shall be resealed and returned to the bidder immediately.

Bidders on this work will be required to comply with Executive Orders No. 11246, as amended, 11458, 11518, and 11625. The requirements for bidders and contractors under these orders are explained in the specifications.

Plans and specifications are on file at Interstate Engineering, Inc.,

1903 12th Avenue SW, Jamestown, North Dakota, where they may be seen and examined between the hours of 8:00 A.M. and 5:00 P.M., Monday – Friday. Interstate Engineering, Inc. of 1903 12th Avenue SW, PO Box 2035, Jamestown, ND 58402-2035 will furnish to any prospective bidder a copy of such plans and specifications upon receipt of a deposit of

$75 for each set of documents obtained, none of which is refundable.

The construction of the REAP Zone Phase I Rural Water Supply Project

— Part B Booster Station must be fully operational not later than September 30, 2009.

All bids will be made on the basis of cash payment for such work.

After bid opening the owner will return the bid security of all except the three lowest responsible bidders. When the contract is awarded, the remaining unsuccessful bidder’s bond will be returned.

The owner reserves the right to reject any or all bids or portions thereof, and further reserves the right to award the contract in the best interests of the owner. The owner reserves the right to hold the three low bids for a period of sixty one (61) days after the date of the bid opening to complete financial arrangements.

Dated this 16th day of March, 2009.

/s/ Ralph Packulak

(SEAL) President

North Central

Rural Water Consortium

(Publish April 8, 15 & 22, 2009)

MINUTES OF REGULAR MEETING

OBERON CITY COUNCIL

March 2, 2009

A regular meeting of the Oberon City Council was held March 2, 2009.

Present were James Nelson, Pete Hager, Eloise Plouim and Jessi Knatterud.

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

A motion was made by Ploium, seconded by Hager, to pay all bills. The motion carried. Bills approved were:

Otter Tail Power Co. $723.20

Surety Title (NDTRF) 1,287.00

Oberon Park District 323.02

Benson Co. Highway Dept. 252.00

Waste Management 987.30

ND Public Health Lab 16.00

Job Service 3.60

IRS 275.40

ND Telephone Co. 62.12

Corey Ploium 184.70

Jessi Knatterud 369.40

Farmers Union Insurance 482.00

Benson Co. Farmers Press 32.50

Benson Co. Tax Equalization 276.00

Jessi Knatterud 78.12

Nelson spoke with North Central Planning and it doesn’t sound like there is any funding available for city projects.

Discussion was held on the fact that some of the snow should be removed from Main Street. The piles are getting too big, making it hard to get around.

The next regular meeting will be April 6. Ellen Huffman of the tax equalization office is scheduled to be present.

The meeting was adjourned.

Jessi Knatterud

City Auditor

James C. Nelson

Mayor

ANNUAL SCHOOL BOARD

ELECTION NOTICE

FORT TOTTEN

SCHOOL DISTRICT NO. 30

FORT TOTTEN, NORTH DAKOTA 58335-0239

TWO OPENINGS ON FORT TOTTEN PUBLIC SCHOOL BOARD Stephanie Anderson, business manager of the Fort Totten Public School Board, has announced there will be two (2) positions open on the board. These positions will be for three (3) year terms. The candidate shall reside within the rural areas of the Fort Totten Public School District No. 30 and shall be voted upon by the district at large.

Anyone wishing to run for this election must file a statement setting forth the candidate’s name and the position for which the person is a candidate. Candidates must also sign and file a statement of interest with the school district business manager. Statement of interest forms will be available in the Four Winds High School office. The final date for filing will be at 4 p.m. on May 1, 2009.

Anyone who is 18 years of age and has resided in the Fort Totten Public School District No. 30 for at least 30 days preceding the election is entitled to vote and/or file as a candidate in this school board election.

The annual school board election will be held on Tuesday, June 30, 2009. The polls will open at 10 a.m. and remain open until 7 p.m. at the Fort Totten Blue Building Meeting Room.

If you have any questions, please contact Stephanie Anderson, business manager, at 766-1438.

(Publish April 8, 15 & 22, 2009)

NOTICE OF ELECTION

LEEDS PUBLIC SCHOOL

DISTRICT NO. 6

Notice is hereby given that the Leeds Public School District No. 6 annual election will be held on Tuesday, June 16, 2009 at the Leeds Public School for the following purpose:

To elect one director for a three-year term to represent Region 2, at-large; and To publish a record of the school board proceedings in a newspaper or general circulation of the school district for the succeeding two years.

Any candidates for election as a member to the school board of a school district must file with the school district Business Manager before 4 o’clock p.m. on the 60th day prior to the election, a statement setting forth his or her name and the position for which that person is a candidate. A statement which is mailed to the Business Manager must be in the physical possession of the Business Manager before 4 p.m. on the 60th day before the election. The closing date and time for filing as a candidate in this year’s election is 4 o’clock p.m. on Friday, April 17, 2009.

Polls will be open from 11 a.m. to 7 p.m. on Tuesday, June 16, 2009 at the Leeds Public School, 530 1st Street SE, Leeds, North Dakota.

Maria M. Dunlap

Business Manager

Leeds School District No. 6

Leeds, ND 58346

(Publish March 18 & April 1 & 15, 2009)

NOTICE OF ELECTION

WARWICK PUBLIC SCHOOL DISTRICT NO. 29

Notice is hereby given by Carol Walford, Business Manager of the Warwick Public School District No. 29 that on Tuesday, the 30th of June 2009, the annual election will be held for the purpose of electing one member to the school board for a term of three years and to publish school board minutes in the official county newspaper.

Any candidate for election as a member to the school board of a school district shall file with the Business Manager of the School Board not less than 60 days before the election, and before four o’clock p.m. on the sixtieth day, a statement setting forth his or her name and the position for which he or she is a candidate. A statement which is mailed to the Business Manager shall be in physical possession of the Business Manager before four o’clock on the sixtieth day before the election. The closing date and time for filing will be May 1, 2009 at 4 p.m.

The school board member whose term is expiring is Kay Gravdahl, representing Lake Washington, Eddy and Freeborn Township.

The Warwick School District No. 29 polls are located at the new school gymnasium. Polls will be open on June 30, 2009 from 11 a.m. to 7 p.m.

Carol Walford

Business Manager

Warwick Public School District #29

Warwick, ND 58381

(Publish April 1, 8 and 15, 2009)