9/9/2009 – Public Notices

OFFICIAL PROCEEDINGS

OF THE BOARD OF

COUNTY COMMISSIONERS

BENSON COUNTY

NORTH DAKOTA

August 18, 2009

The Benson County commissioners met in regular session on Tuesday, August 18, 2009 at 8 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 Lee. Also present was Richard Peterson of the Benson County Farmers Press.

A motion was made by Haagenson, seconded by Hvinden, to approve the minutes from the regular meeting of August 4, 2009. All members voted yes. The motion carried unanimously.

VSO Officer David Daeley met with the board and requested the board sign a community military covenant for "Standing Strong Together."

Daeley discussed upcoming training sessions available.

The board reviewed information sent via e-mail from the Peterson Coulee Outlet Association regarding Tolna Coulee cleanout issues.

Steffan gave an update on the dock at the county park at Wood Lake.

State’s Attorney James P. Wang arrived at the meeting at 8:25 a.m.

Wang explained the Wood Lake Park property was acquired in 1936. He further explained it would be acceptable to transfer the property over to the Wood Lake Association if it chose to do so as there were no reservations listed in the deed when Benson County acquired the property.

Arland and Thelma Paulson and Kathy Walker met with the board regarding Tolna Coulee cleanout issues. Walker stated she believed any money Benson County contributed to the Devils Lake Task Force should be returned and the City of Devils Lake should request money from Benson County if needed for Tolna Coulee cleanout costs.

Discussion was held that because the City of Devils Lake purchased the property, any money contributed by Benson County should be returned as the money is no longer needed for purchasing the property. The board also reviewed a letter dated July 13, 2009 from Dale Frink, state engineer, to Gov. John Hoeven regarding the Devils Lake Outlet Treatment Facility.

Highway Superintendent Don Trnka met with the board to give an update on issues involving the road department. He indicated paperwork to close out Flood 2004 projects is being completed and submitted. He said estimates are still pending for replacing the flooding in the Maddock shop building. He also informed the board the portion of the Brinsmade Road which was under water has now been built up. Haagenson suggested additional contractors be hired to assist with high priority graveling and other projects. Lee stated all future projects need to be done according to plan worksheets as in the past problems arose in which the county, townships and contractors had to repay money. The board concluded local contractors should be contacted to see which ones would be available. Trnka stated he informed the township boards that the townships are responsible for any costs involved if projects are started prior to the project worksheets being approved and the project is declined.

The auditor informed the board no bids were received for the three 143H Cat Patrol motor graders. The board concluded to re-advertise for bids in several states around North Dakota providing Butler Machinery will guarantee the buyback price until Sept.1, 2009.

Discussion was held on when the payments are to be made for the new John Deere motor graders and the down payment amount. The board concluded to have the payments start this fall and to guarantee $109,000 on each blade for the down payment.

Trnka stated lift groups are needed for the new John Deere motor graders and discussed whether or not the former lift groups can been reused. He also stated the grader at the Esmond Shop does not have a dozer blade and one may need to be purchased.

Trnka stated the townships that have "debt to county" relinquished the snow disaster proceeds received to be applied to respective past due accounts at the road department.

A motion was made by Steffan, seconded by Hvinden, to reappoint David Daeley as Veteran’s Service Office for a period of one year. All members voted yes. The motion carried unanimously.

Haagenson stated he talked with Ardon Herman regarding the wind energy project coming to the area. State’s Attorney Wang gave input on the issue.

The board reviewed the Health Happenings Quarterly Newsletter from the Lake Region District Health Unit.

The board also reviewed information on an upcoming ND Emergency Managers Association meeting to be held at Dickinson.

The auditor discussed the fees to be charged by Brady Martz of Grand Forks for performing the 2007 and 2008 audit for the county.

The board telephoned Dick Johnson of the LEC to discuss mill levy money and billings paid to the Law Enforcement Center.

The board also telephoned Jim Yri to discuss the proposed boat ramp to access Pelican Lake. Lee stated he received telephone calls on this subject indicating the boat ramps already in existence should be repaired prior to starting a new project. The board reviewed the application for the Garrison Diversion Recreation Grant and stated it would approve signing the application. A motion was made by Haagenson, seconded by Hvinden, to have Chairman Lee sign the grant application when completed and to submit the same to the Garrison Diversion Conservancy District. All members voted yes. The motion carried unanimously.

James P. Wang left the meeting at 10:20 a.m.

The meeting adjourned at 10:25 a.m.

Bonnie Erickson

Benson County Auditor

Jason Lee

Chairman

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 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)

PUBLIC NOTICE

The Oberon Public School District #16 has received money through the state as a result of the American Recovery and Reinvestment Act

(ARRA) of 2009. This funding must first be used to restore funding deficiencies in the 2009-10 school year when compared to the 2005-06 school year and then any additional dollars received under ARRA must be used for one-time nonrecurring expenditures because the state is not responsible for replacing that level of funding or otherwise sustaining that level of funding during the 2011-13 biennium.

MINUTES OF ANNUAL MEETING

MINNEWAUKAN SCHOOL BOARD

July 21, 2009

The annual meeting of the Minnewaukan Board of Education was called to order by Chairman David Ambers on July 21, 2009 at 4 p.m. Also present were Terry Yri, Randy Thompson, Laura Every, Supt. Myron Jury, Ron Carlson, Dianne Mikkelson and David Salisbury. Corey Erickson was absent.

Yri made a motion, seconded by Thompson, to approve the agenda. The motion carried.

Thompson made a motion, seconded by Yri, to approve the minutes of the June 22, 2009 meeting. The motion carried.

Every made a motion, seconded by Thompson, to approve the bills for payment. The motion carried.

GENERAL FUND

Advanced Business

Methods $659.20

Alltel 270.03

Benson Co. Farmers Press 266.09

BW Doublewood Inn 60.00

Budgetext 578.40

Jean Callahan 355.82

Mike Callahan 431.83

Calloway House 201.22

Ron Carlson 954.59

Carlson-Dellosa Publishing

Co. 256.01

City of Devils Lake 31.20

City of Minnewaukan 660.13

Cooperative Resources Inc. 213.00

Creative Impressions 32.00

Creative Teaching Press 46.93

Deerfield Seminars, Inc. 245.00

Delta Education 2,600.07

Devils Lake Chrysler Center,

Inc. 91.76

Discovery Education 1,937.88

Exhaust Pros 27.00

Farmers Union Oil Co. 1,613.17

Flinn Scientific Inc. 801.29

Gallopade International 97.64

Heart of America Health

Plan 391.20

Information Technology

Dept. 185.75

Job Service ND 591.19

Kev Lott Testing Service 210.00

Scott Knoke 265.00

LaMotte’s Paint & Glass Co. 816.27

Mac’s Inc. 361.68

McQuoid’s Grocery 942.09

McQuoid’s Grocery 87.17

Med Center One Clinic 180.00

Menard’s-Bismarck 1,202.14

Dianne Mikkelson 190.50

Dianne Mikkelson 110.00

Mindware 82.35

NAPA Auto Parts 237.36

Nafis 1,253.00

Nasco 508.44

NASASP 39.00

NDHSAA 335.00

News Bowl USA 289.00

Allan Nord 635.00

NDASBM 50.00

NDSBA 2,420.66

ND Telephone Co. 403.56

NWEA 1,700.00

Odin 70.40

Oriental Trading Co. 161.85

Otter Tail Power Co. 1,406.51

Plank Road Publishing 124.70

Really Good Stuff 1,531.82

Scholastic 34.82

Software Unlimited 3,140.00

State Fire & Tornado Fund 3,303.29

Stein’s Inc. 9,164.46

Super Duper Publications 179.50

Teachers Direct 164.20

The Mailbox 89.85

Thompson’s DL Glass &

Paint 70.00

James Wang 13.00

Workforce Safety &

Insurance 6,285.79

TOTAL 50,209.13

SPECIAL FUND

Leeds Public School $344.01

TOTAL 344.01

HOT LUNCH

BW Doublewood Inn $110.00

McQuoid’s Grocery 71.93

US Foodservice Inc. 44.20

TOTAL 226.13

Every made a motion, seconded by Yri, to approve the financial reports. The motion carried.

Yri made a motion, seconded by Thompson, to approve the Annual Financial Report. The motion carried.

Every made a motion, seconded by Thompson, to approve the purchase of the Olson house. Roll call vote was taken with all members present voting yes. The motion carried. Erickson was absent.

Discussion was held on staffing, summer projects, roof project, food storage project, bus purchase and parking lot pavement.

Thompson made a motion, seconded by Every, to adjourn the meeting.

The motion carried.

The meeting adjourned at 5 p.m.

At 6:15 p.m. the business manager reconvened the meeting by calling for nominations for president. Every made a motion, seconded by Yri, to nominate David Ambers as president. The motion carried.

Every made a motion, seconded by Yri, that nominations cease. The motion carried.

Thompson made a motion, seconded by Yri, to nominate Laura Every as vice president. The motion carried.

Thompson made a motion, seconded by Yri, that nominations cease. The motion carried.

David Ambers will serve as president and Laura Every as vice president of the board for the 2009-2010 school year.

Every made a motion, seconded by Thompson, to approve the appointed positions. The motion carried. The following positions were approved:

business manager, Dianne Mikkelson; schools-wide Title programs director, Myron Jury; Title II — Part A, Ron Carlson; Title II —

Part D, Mike Callahan; Title III, Ron Carlson; Title IV — Part A,

Mike Callahan; Title V, Jean Callahan; 504, Ron Carlson; teacher quality training and recruiting, Myron Jury; enhancing ed through technology, Mike Callahan; English language acquisition, Jean Callahan; innovative programming, Ron Carlson; official newspaper, Benson County Farmers Press; and Bank of Pledge of Securities, Bremer Bank.

Jean Callahan joined the meeting at this time.

Yri made a motion, seconded by Every, to approve the Preliminary Budget for 2009-2010. Roll call vote was taken with all members present voting yes. Erickson was absent. The motion carried.

Yri made a motion, seconded by Thompson, to approve the Title I Application as submitted by Jean Callahan. The motion carried.

The principals gave their reports.

A back-to-school picnic for all staff and faculty will be held Aug.

17, 2009 from 4 p.m. to 6 p.m. The next meeting will be Aug. 18, 2009 at 6 p.m.

Thompson made a motion, seconded by Yri, to adjourn the meeting. The motion carried. The meeting adjourned at 7 p.m.

Dianne Mikkelson

Business Manager

David Ambers

President

MINUTES OF SPECIAL MEETING

MINNEWAUKAN SCHOOL BOARD

July 27, 2009

A special meeting of the Minnewaukan Board of Education was called to order by Chairman David Ambers on July 27, 2009 at 6 p.m. Also present were Laura Every, Terry Yri, Supt. Myron Jury, Tom Wade, Kent Anderson and Dianne Mikkelson. Randy Thompson and Corey Erickson were absent.

The purpose of the meeting was to open the bids received on the roof project. Seven bids were opened.

Every made a motion, seconded by Yri, to accept the bid from Target Roofing. Roll call vote was taken with all members present voting yes. The motion carried. Thompson and Erickson were absent.

Yri made a motion, seconded by Every, to adjourn the meeting. The motion carried. The meeting adjourned at 6:45 p.m.

Dianne Mikkelson

Business Manager

David Ambers

President

MINUTES OF REGULAR MEETING

ESMOND CITY COUNCIL

September 2, 2009

A regular meeting of the Esmond City Council was held September 2,

2009 at 7 p.m. at the Esmond City Hall. Present were Mayor Estagen Zimmerman, council members Ellen Truax, DeLores Solway, Sylvester Hoffner and Lance Alexander and City Auditor Misti Arnold. Guests present were Darlene Norman, Katie Wolfe, Lucille Volk, Chantel Grossman and Sarah Nolden.

A motion was made by DeLores Solway, seconded by Lance Alexander ,to approve the minutes of the regular meeting of August 5, 2009. The motion carried unanimously.

The guests present voiced their concerns on the property that burned last December. They wanted to know what actions were being taken by the city to have this property cleaned up. They also were concerned about skunks and raccoons that have been spotted in town. The city council replied that the property was turned over to the ND Health Department and that a letter was sent out, but there has been no response to the letter due to the fact that no one knows who really owns this property. Chantel Grossman said that Karl Grossman would pay for half of the cleanup if they could then own the property.

Misti Arnold will check with the county to find out if this can be done. Estagen Zimmerman will get a bid from Wes Maddock on the cleanup of this property.

Darlene Norman asked the board if she could burn a pile of old leaves, twigs and garden vegetation before winter. The board discussed the issue and all agreed that Darlene could burn this pile.

A motion was made by Ellen Truax, seconded by Sylvester Hoffner, to pay all approved bills. The motion carried unanimously. Approved bills are as follows:

Terry Schwab $429.43

Misti Arnold 554.10

Donald Vetsch 800.00

Waste Management 1,422.83

ND Telephone Co. . 54.71

Otter Tail Power Co. 445.68

Benson Co. Farmers Press 34.17

Foss Trenching 200.00

Hawkins 52.00

Harvey Park Board 101.21

Mayor Zimmerman mentioned that he would like to bid on the tractor that will be sold at the Elling Jensen auction sale. This would be a good tractor for the city. The council set a price for the tractor and everyone was in favor of bidding on it.

A preliminary budget was presented. The final budget will be presented at the October meeting. Sylvester Hoffner made a motion to accept the preliminary budget, seconded by DeLores Solway. The motion carried unanimously. Anyone interested in viewing the budget can contact the city auditor at 701-249-3441.

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

Ellen Truax made a motion to adjourn the meeting, seconded by Lance Alexander. The meeting adjourned.

Misti Arnold

City Auditor

NOTICE OF EXECUTION SALE

CIVIL NO. 03-09-C-00085

IN DISTRICT COURT

NORTHEAST JUDICIAL DISTRICT

STATE OF NORTH DAKOTA

COUNTY OF BENSON

Citizens Community Credit Union, )

Plaintiff, )

vs. )

Robert Coenen and Lynda Coenen, )

Defendants. )

Notice is hereby given that by virtue of a Judgment and Decree in foreclosure rendered and given by the District Court in and for the County of Benson, North Dakota, Northeast Judicial District, entered and docketed in the office of the Clerk of said Court on the 6th day of August, 2009, in an action wherein Robert Coenen and Lynda Coenen, were the defendants, in which decree it was adjudged that there was due and owing to the plaintiff upon said mortgage indebtedness, the sum of Six Thousand Six Hundred Eighty-eight Dollars and 04/100

($6,688.04) plus interest from July 28, 2009; by virtue of a writ of Special Execution to me issued out of the office of the Clerk of said Court, I will sell said property described in said Judgment and hereinafter described to the highest bidder for cash at public auction, at the front door of the Courthouse in the City of Minnewaukan, Benson County, North Dakota, on the 6th day of October, 2009, at 10:00 a.m., and on that day, to set aside the amount due to plaintiff with accrued costs as of the date of sale, or so much thereafter as the proceeds of said sale applicable thereto will satisfy.

The premises to be sold as aforesaid are located in the County of Benson, State of North Dakota, described as follows:

Township 151, Range 63

Section 33: S1/2NE1/4 less

Highway and Railroad Right-of-Way

Dated this 25th day of August, 2009.

BENSON COUNTY SHERIFF

BY: -s-Steven J. Rohrer

Steven J. Rohrer

Sheriff of Benson County

North Dakota

Gregory W. Tschider, Jr.

Attorney at Law

PO Box 668

Bismarck, ND 58502-0668

(701) 258-2400

(Publish Sept. 2, 9 & 16, 2009)