8/26/2009 – Public Notices

OFFICIAL PROCEEDINGS

OF THE BOARD OF

COUNTY COMMISSIONERS

BENSON COUNTY

NORTH DAKOTA

August 4, 2009

The Benson County commissioners met in regular session on Tuesday, August 4, 2009 at 8 a.m. in the commissioner room of the Benson County Courthouse, Minnewaukan, ND. Commissioners present were Jason Lee, Curtis Hvinden, Lowell Haagenson and Michael N. Steffan. David Davidson was absent. The meeting was called to order by Chairman Lee.

A motion was made by Hvinden, seconded by Steffan, to approve the minutes from the regular meeting of July 21, 2009. All members voted yes. The motion carried unanimously.

A motion was made by Haagenson, seconded by Steffan, to have Chairman Lee sign the contract for accounting services with Brady Martz of Grand Forks to perform audit services for the years 2007 and 2008.

All members voted yes. The motion carried unanimously.

Karen Halle of the Lake Region District Health Unit and Public Health Nurse Shelley Aabrekke met with the board to present the proposed 2010 budget for the health unit. Halle stated the budget requests an increase of $514. Halle explained how billings and payments are made for vaccines and discussed HUD regulations for making the housing unit, where the health nurse’s office is, smoke-free. Aabrekke presented her monthly report for July 2009.

Lyle Dodds, custodian, met with the board. Lee explained some reported concerns as to grounds maintenance. The board suggested the custodian should work hours similar to that of other employees. Dodds explained the reason he comes in earlier than other employees is because he does not want to disturb employees during work hours.

Highway Superintendent Don Trnka and Dawn Flemmer, applicant agent, met with the board. The board introduced themselves to Flemmer.

Flemmer explained she started work on July 30, 2009 and Ron Biberdorf, Gene Hager and Don Trnka have provided insight as to the work to be done. She indicated office space is very limited at the road department. She asked the board if it would be acceptable to do some of the work from her home. The board concluded this would be acceptable. Flemmer presented a list of supplies needed for the job.

A motion was made by Haagenson, seconded by Hvinden, to allow Flemmer permission to purchase the supplies needed. All members voted yes.

The motion carried unanimously. Flemmer questioned who oversees her position. The board members concluded they would oversee it as it is a contracted position.

State’s Attorney James P. Wang arrived at the meeting at 9:45 a.m.

Steffan questioned if there is an ordinance in place for digging below an elevation of 1460′. Wang indicated there is no ordinance in place that he is aware of. Additional discussion was held on this subject.

The board reviewed an e-mail from Don Van Beek dated Aug. 3, 2009 regarding repayment requested on May 19, 2009 for Disaster 1376 in the amount of $1,490.38.

Trnka stated the first approved PW will be received the week of Aug. 10, 2009.

Trnka stated a request was made by Clayton Heck to install a field approach off a federal aid/county road. He indicated Gene Hager informed him the county generally pays for installation of the approaches and the landowner pays for any culvert needed. Trnka stated in this case, Heck is requesting the county supply the culvert and he will take the steps to build the approach. Lee questioned if the water board consented to construction of the approach. A motion was made by Haagenson, seconded by Steffan, to allow Clayton Heck to install the requested approach at his cost and to have the county supply the culvert for the project. All members voted yes. The motion carried unanimously.

Trnka stated he received a notice for a rural water project on the reservation. He stated it included an invitation to give input and meet with the contractors.

Trnka informed the board the floor in the shop in Maddock is in need of repair. The estimated cost for repair is $7,000. The board discussed that insulation is also needed in the building. Trnka stated road employees are very busy at this time and would not be able to assist with the insulation project until next spring. The board requested estimates be obtained for insulating the building.

Trnka stated the employee in charge of the shop in Maddock agreed to assist with removal of the old cement. A motion was made by Haagenson, seconded by Hvinden, to obtain a current estimate for repairing the floor. All members voted yes. The motion carried unanimously.

Trnka said work is underway to raise the east end of the Brinsmade Road. He also indicated gravel work is being done near Oberon and Flora. He also discussed a hole in the paved road going past the Dwain Brown residence which is in need of repair.

Trnka presented the bids received for the sale of the 1981 Ford LT8000 dump truck with gravel box and hoist. A motion was made by Hvinden, seconded by Haagenson, to accept the high bid of $8,000. All members voted yes. The motion carried unanimously. One bid was received for the sale of the 1981 Chevrolet 2-1/2 ton MEDCON bulk fuel truck for the sum of $1,559. A motion was made by Haagenson, seconded by Steffan, to accept the bid. All members voted yes. The motion carried unanimously.

Trnka also presented bids received for the purchase of a new gravel truck to be used by the road department. Trnka gave his recommendation on which truck to purchase. Haagenson discussed whether or not funding is available for the purchase of a new truck.

A motion was made by Steffan, seconded by Hvinden, to accept the bid from Ag Resources of Maddock. All members voted yes. The motion carried unanimously.

Trnka discussed rising health care insurance costs. Extensive discussion was held on different options available for health care insurance.

A motion was made by Haagenson, seconded by Hvinden, to approve the refund of $1,490.38 to DEM for Disaster 1376. All members voted yes.

The motion carried unanimously.

Hvinden left the meeting at 11:25 a.m.

Tax Director Ellen Huffman met with the board to discuss flood buyout issues. She also presented information on road raises on Hwy. #20.

The board reviewed the monthly mileage/activity report from the sheriff’s department for July 2009.

The auditor said information was received that the Lake Region Anglers Association is interested in holding fund raisers, etc., to assist with the cost of the proposed boat ramp for Pelican Lake access.

A motion was made by Haagenson, seconded by Steffan, to transfer

$51,966.84 from the State Revenue Sharing Fund to the Road and Bridge Fund. All members voted yes. The motion carried unanimously.

The board reviewed a letter and attached information from Terry Brikenstock, Dept. of Army, dated July 31, 2009 regarding the Devils Lake Embankment Raise — Phase I at Devils Lake.

The auditor informed the board the road department budget for 2009 needed to be amended to allow for the amount paid to worker’s compensation. A motion was made by Haagenson, seconded by Steffan, to amend the 2009 road department budget to $1,210,046.27. All members voted yes. The motion carried unanimously.

The board reviewed and discussed the monthly county bills along with the Benson County transportation expenses for July 2009. A motion was made by Steffan, seconded by Haagenson, to pay all county approved bills. All members voted yes. The motion carried unanimously. The following bills were paid:

B & H Oil $4,804.53

Butler Machine 335.22

Maddock City 70.85

Farmers Union Oil-Mdk 4,624.26

Farmers Union Oil 1,226.50

Home of Economy 170.85

Harlow Elevator 65.72

Hoiberg’s 243.23

Inst. of Local Government 60.00

JS Vending, Inc. 280.61

NAPA Auto Parts 106.34

ND Telephone Co. 165.36

Nodak Electric Co-op. 41.67

Office Depot 356.54

Otter Tail Power Co. 155.71

Paulson Supply 38.50

Praxair Distribution Inc. 10.77

R & B Supply Co. 243.95

Thompson’s Glass & Paint 609.50

Theco Inc. 77.12

Social Welfare 5,681.76

Lyndon Olson 74.31

Benson Co. Farmers Press 187.00

Sara Plum 372.01

Tim Finley 157.96

Chad’s Amoco 127.79

Conseco Health Ins. Co. 61.00

Information Technology

Dept. 438.20

Laurie Rodriquez 75.80

Otter Tail Power Co. 518.94

Quality Photo 5.75

Ramsey Co. Sheriff’s Dept. 20.00

Alltel 44.02

Minnewaukan City 105.95

Dean Petska 50.00

James Wang 638.00

ND Telephone Co. 730.13

ND Pesticide Program 28.00

Sharon Wood 40.65

Esmond City 25.50

Minnewaukan City 48.50

Farmers Union Oil 3,328.00

Hovland Septic Service 85.00

Lyle Signs Inc. 228.60

Chad’s Amoco 766.42

Jon Hermanson &

FUO-Mdk 227.02

Jason Lee & FUO-Mdk 480.00

James Nelson & FUO-Mdk 333.20

James Papachek 1,305.83

James Thompson 152.00

Kory Jorgenson 2,400.00

Mark Hoffert & FUO-Rugby 192.00

Moller’s Inc. 11,455.29

Rick Benson & FUO-Mdk 227.02

Roger Kenner & Crop

Prod. Serv. 454.04

Sunshine Spray Service

Inc. 10,010.00

Sunshine Spay Service

Inc. 1,970.00

Terry Follman 1,585.26

Tim Stone & FUO-Y 480.00

ND Public Employees

Retirement 23,191.70

Benson Co. Auditor 115.61

Albert Township 2,330.16

Arne Township 528.52

Aurora Township 198.19

Beaver Township 396.39

Broe Township 1,007.49

Butte Valley Township 1,198.80

Eldon Township 231.23

Hesper Township 1,406.63

Impark Township 495.49

Iowa Township 528.52

Irvine Township 396.39

Isabel Township 1,017.12

Knox Township 1,090.07

Lallie Township 561.55

Leeds Township 809.29

Lake Ibsen Township 594.58

Lohnes Township 313.81

McClellan Township 776.26

Minco Township 313.81

Normania Township 635.87

North Viking Township 478.97

Oberon Township 1,304.78

Pleasant Lake Township 1,585.55

Rock Township 622.57

South Viking Township 2,166.37

Twin Lake Township 231.23

Twin Tree Township 313.81

West Antelope Township 49.55

Warwick Township 148.65

Wood Lake Township 379.87

York Township 677.16

Alltel 186.64

Job Service 5,969.76

Protective Life Ins. Co. 129.28

Ron Morkve 849.92

Office of State Tax Comm. 4,902.64

Anna Kramer & HOA 480.00

Leeds City 70.70

Financial Agent 843.57

Farmers Union Oil-York 50.29

Kory Jorgenson 131.57

ND Telephone Co. 70.49

US Postmaster 44.00

Ron Kramer & HOA 480.00

ND Game & Fish 47,480.00

National Retirement

Solution 1,014.00

ND Public Employees

Retirement 10,796.79

Robin Risovi 65.00

Social Welfare 14,076.84

Acme Electric 251.49

B & H Oil 5,075.73

Maddock City 70.75

Fargo Tank & Steel Co. 782.00

Refuse Control Services 100.00

Farmers Union Oil 1,224.50

GCR Tire Center 2,344.01

Gene Hager 3,150.00

HE Everson’s Co. 52.67

Hoiberg’s 640.00

HP Express Services 69.00

HY-Z Wireless 67.50

Lyle Signs Inc. 9,434.02

Lyle Signs Inc. 50.72

Mac’s Inc. 63.23

M.D. Products Inc. 23.88

Dakota Implement 642.84

NAPA Auto Parts 118.50

Otter Tail Power Co. 52.38

Prairie Truck & Tractor

Repair 114.54

Benson Co. Farmers Press 132.00

Thompson’s Glass & Paint 205.00

Wal-Mart 16.68

David Kenner & FUO-Mdk 454.04

James Papachek 496.97

Benson Co. Farmers Press 33.00

Sara Plum 258.58

Terry Follman 1,959.62

Arlene Cable 27.00

Aflac 761.43

Balco Uniform Co. Inc. 43.00

Benson Co. Hwy. Dept. 211.00

Benson Co. Transportation 2,400.00

Michael Steffan 66.00

Curtis Hvinden 66.00

Jason Lee 35.20

Lowell Haagenson 81.40

Dental Service Corp. of ND 3,222.13

Ellen Huffman 54.90

Joseph R. Vetsch 112.50

LaMottes Paint & Glass 6,960.00

Matthew Bender & Co. Inc. 808.90

Lightning Electric 25.00

Lana Johnson 124.20

LR Law Enforcement Ctr. 2,402.50

Lisa Wold 225.00

Mac’s Inc. 6.28

ND Assn. of Counties 11.00

ND Public Employees

Retirement 23,616.66

Nodak Electric Co-op. 37.47

Northern Plains Electric

Co-op. 15.00

Prairie Public 300.00

Benson Co. Farmers Press 1,166.32

Reliable Office Supplies 29.25

Service Tire 82.02

Universal Services 189.75

West Payment Center 515.00

Distribution to Entities 60,040.27

Benson County Hwy Dept. 1,095.57

Benson County Hwy. Dept. 2,281.98

Benson County Hwy. Dept. 2,469.17

Benson County Hwy. Dept. 710.20

Benson County Hwy. Dept. 214.71

Maddock City 70.85

Dakota Computer Pros. 120.00

Farmers Union Oil-Mdk 2,470.98

Farmers Union Oil-York 3,545.24

JS Vending Inc. 82.95

Office Depot 282.45

Otter Tail Power Co. 114.29

US Postmaster 176.56

Praxair Distribution Inc. 10.85

Social Welfare 5,389.14

July 2009 NET PAYROLL

County Agent $1,030.73

Emergency Disaster 1,830.91

VSO 983.67

County Road 35,747.24

Social Services 25,633.14

County General 35,397.80

A motion was made by Steffan, seconded by Haagenson, to appointed Steve Rohrer as the NDACo delegate for Benson County for a period of two years. All members voted yes. The motion carried unanimously.

The board reviewed Situation Report No. 2 from the City of Minnewaukan dated June 2009.

The board also reviewed the minutes from the LRDHU board meeting of April 28, 2009.

The meeting adjourned at 11:55 a.m.

Bonnie Erickson

Benson County Auditor

Jason Lee

Chairman

REQUEST FOR PROPOSALS

NORTH DAKOTA HIGHWAY

PATROL REQUESTS

PROPOSALS FOR the purpose of acquiring technical assistance in determining the best alternative to move forward with CVISN Core Deployment to include CVIEW and E-Screening. The ultimate goal of North Dakota is the implementation of an automated permitting and routing system. Sealed proposals will be received by the North Dakota Highway Patrol (NDHP) in the NDHP Conference Room on the Capitol Grounds in Bismarck, ND, until 2:00 p.m. CST, on Thursday, September 17, 2009, at which time and place they will be opened. Proposals will not be publicly read. Proposals shall be sealed and endorsed "Sealed Proposal for CVISN Core Deployment". Late proposals will be returned unopened. Proposals which do not fully comply with the requirements of the RFP will not be considered.

Copies of the RFP may be obtained from the following Web site:

http://www.nd.gov/spo/vendor/registry/forms/bidlistvendor/index.html

or contact: DeAnn Steckler, Procurement Coordinator, North Dakota Highway Patrol, 600 E Blvd – Dept. 504, Bismarck, ND 58505-0240; e-mail dsteckle@nd.gov; phone 701-328-2457; fax 701-328-1717.

(Publish Aug. 26, 2009)

NOTICE TO CREDITORS

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

In the matter of the Estate of Elling M. Jenson, a/k/a Elling Jensen, Deceased.

NOTICE IS HEREBY GIVEN that Gene Reierson has been appointed personal representative of the estate of Elling M. Jensen, a/k/a Elling Jensen. All persons having claims against the decedent 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 Gene Reierson at PO Box 97, Esmond, ND 58332, personal representative of the estate, or filed with the court.

Dated this 3rd day of August, 2009.

-s-Gene Reierson

Gene Reierson

Personal Representative

Ted D. Seibel, P.C.

708 Lincoln Avenue

PO Box 186

Harvey, ND 58341

(701) 324-4668

Attorney for personal representative

First publication on the 12th day of August, 2009.

(Publish Aug. 12, 19 & 26, 2009)

NOTICE OF PETITION

FOR CHANGE OF NAME

TO WHOM IT MAY CONCERN:

Notice is hereby given that the undersigned will apply to the Spirit Lake Tribal court on the 24th day of September, 2009, at the hour of 9:30 a.m. in the courtroom of the Spirit Lake Tribal Court at Fort Totten, North Dakota, for an Order to change the legal name of Kayla Beth Owlboy to Kayla Beth Nelson.

Dated this 18th day of August, 2009.

/s/ Kayla B. Owlboy

6677 Hwy. 281

Oberon, ND 58357

(Publish Aug. 26 & Sept. 2 & 9, 2009)

NOTICE OF HEARING

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

In the Matter of the Estate of Helen Nottestad, Deceased.

James P. Wang, )

Petitioner )

)

Helen Nottestad and all other )

persons unknown with interest in, )

or lien, or encumbrance upon, )

the property described in the )

Notice, )

Respondents )

NOTICE IS HEREBY GIVEN that James P. Wang has filed with the Judge of the District Court of Benson County, North Dakota, a Petition for Adjudication of Intestacy and Determination of Heirs in the matter of the estate of the above named Deceased, Helen Nottestad.

The assets of the estate consist of, in addition to other property, an interest in the following described real estate in Benson County, North Dakota:

Lots 1, 2 & 3, N1/2SE1/4, 24-152-68, (Lots One, Two and Three of the North Half of the Southeast Quarter in Section Twenty-four, Township One Hundred Fifty-two, Range Sixty-eight, Benson County, North Dakota.) Hearing has been set to consider the Petition on the 14th day of September, 2009, at 2:00 o’clock p.m. at the Courtroom of the Benson County District Court in the City of Minnewaukan, County of Benson, State of North Dakota, at which time and place you may be heard if you wish.

Dated this 10th day of August, 2009.

-s- James P. Wang

James P. Wang

Attorney for Petitioner

PO Box 211

110 Main Street East

Minnewaukan, ND 58351

(701) 473-5338

ID #: 04664

(Publish Aug. 12, 19 & 26, 2009)

NOTICE TO CREDITORS

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

In the Matter of the Estate of Terry R. Hunter, 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 Gary K. Hunter, personal representative of the estate, at 103 7th Ave. SE, Minot, ND 58701-4441, or filed with the court.

Dated this 17th day of August, 2009.

-s-Gary K. Hunter

Gary K. Hunter

Personal Representative

James P. Wang

110 Main Street East

PO Box 211

Minnewaukan, ND 58351

(701) 473-5338

State Bar ID #04664

Attorney for Estate

First publication on the 26th day of August, 2009.

(Publish Aug. 26 & Sept. 2 & 9, 2009)

NOTICE TO CREDITORS

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

In the matter of the Estate of Lee S. Paulson, Deceased.

NOTICE IS HEREBY GIVEN that the undersigned has been appointed personal representative of the above-named estate. All persons having claims against the decedent 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 should either be presented to the undersigned as personal representative of the estate at Post Office Box 110, Fargo, North Dakota 58107-0110 or filed with the court.

Dated this day 23rd day of July, 2009.

-s-Lynn Paulson

Lynn Paulson

Personal Representative

Joseph A. Turman

DeMars & Turman, Ltd.

505 N Broadway, Suite 207

PO Box 110

Fargo, ND 58107-0110

(701) 293-5592

Attorneys for Lynn Paulson

First publication on the 12th day of August, 2009.

(Publish Aug. 12, 19 & 26, 2009)

NOTICE TO CREDITORS

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

In the Matter of the Estate of Jeffrey Howard Plum, 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 Sara J. Plum, personal representative of the estate, at

201 Main Street W, Apt. 2, Minnewaukan, ND 58351, or filed with the court.

Dated this 10th day of August, 2009.

-s- Sara J. Plum

Sara J. Plum

Personal Representative

James P. Wang

110 Main Street East

PO Box 211

Minnewaukan, ND 58351

(701) 473-5338

State Bar No. 04664

Attorney for Estate

First publication on the 12th day of August, 2009.

(Publish Aug. 12, 19 & 26, 2009)

MINUTES OF REGULAR MEETING

KNOX CITY COUNCIL

August 14, 2009

A regular meeting of the Knox City Council was held Friday, August 14 at 7 p.m. at the Knox Fire Hall. Present were Mayor Lloyd Marchus and Alderman J.P. Robbins. Absent was Alderman Sharon Hart, who was visiting in Wisconsin. Also present was City Auditor Pat Robbins.

The meeting was called to order by Mayor Marchus. The minutes of the last meeting were read and approved. The financial reports were also approved. Bills for July approved for payment are as follows:

Waste Management $300.13

Otter Tail Power Co. 136.23

Duchscher Ins. 578.00

B&J Excavating 1,395.00

Rugby Lumber 67.90

Pat Robbins 85.00

Information on street blading was presented by Mayor Marchus. He had talked with blade man Craig Blomster and they agreed on how and when the streets will be bladed.

There was also discussion on the north side water run-off problem this spring. It was decided that a thorough examination of all culverts and waterways would be done soon after harvest. Any repairs would be completed in readiness for next spring’s run-off.

There being no further business, the meeting adjourned.

Pat Robbins

City Auditor