11/25/2009 – Public Notices

MINUTES OF REGULAR MEETING

MADDOCK CITY COUNCIL

November 2, 2009

A regular meeting of the Maddock City Council was called to order by Mayor Rodney Maddock Nov. 2, 2009 at 7p.m. at City Hall. Present for roll call were members: Kent Neppl, Kay Feig, Marilyn Allan and Larry Summers. Frank Mosser, Keith Winson, Ned Mitzel, Travis Dillman and Chris Laite were also present.

A motion to approve the minutes from the October 5, 2009 regular meeting was made by Neppl, seconded by Allan. The motion carried.

A motion was made by Summers, seconded by Feig, to approve the following bills. The motion carried.

Employee wages $5,673.43

Ag Resources 4.95

Benson Co. Farmers Press 218.43

BlueCross &BlueShield, Inc. 1,825.20

Border States Elec. 850.94

Clutes Office

Equipment, Inc. 46.15

David Abrahamson 60.00

Double M Sanitation 3,595.00

Frank L. Mosser 96.40

Butler Machinery Company 50.74

Debbie Tracy 181.88

Gerrells 14.99

Grand International 120.00

Gus’s Auto 147.62

Jones Brothers Auto 22.50

Junior Library Guild 7.00

Maddock EDC 1,607.48

Maddock EDC 225.00

Maddock EDC

c/o R. Maddock 250.00

ND League of Cities 40.00

ND Health Laboratory 16.00

ND Telephone Co. 401.29

Northern Plains Elec. 19,327.42

Northern Water

Works Supply, Inc. 904.36

Northern Improvement Co. 2,531.55

Rural Leadership

North Dakota 1,500.00

Olympics Sales, Inc. 124.00

One Call, Inc. 6.50

Pamela Lee 10.00

Prairie Truck and

Tractor Repair Co. 65.71

Radisson Hotel 203.01

Thrifty White Store 12.66

Tri-State Paving, Inc. 48,256.00

Visa 510.88

Maddock Mini Mart 356.15

Farmers Union Oil, Co. 257.56

ND State

Tax Commissioner 97.23

Ramsey National Bank 1,485.28

Western Area Power 5,606.34

ND State Highway Patrol Trooper Chris Laite visited with the council regarding their adopting a community program in communities without a resident ND State Patrol trooper. They will be visiting the school and talking to the students on various topics.

Ned Mitzel reported he is enforcing curfews and dog license requirements.

Travis Dillman from Interstate Engineering reported the completion of the raw water transmission line. A motion was made by Neppl, seconded by Summers, to approve Change Order #1, Progressive Estimate #2 and Project Completion Certificate. The motion carried.

A motion was made by Allan, seconded by Feig, to approve a beer/wine, on/off sale license for Gassy Fanny’s Cafe. The motion carried.

The first reading of the following resolution was read. A motion was made by Neppl for the City of Maddock to affirm to North Dakota Public Employees Retirement System that the City of Maddock is formed pursuant to NDCC 54-52-01 and is neither a non-profit corporation nor a for profit corporation, to join the NDPERS Defined Benefit Retirement Plan and offer the plan to all eligible employees of the City of Maddock. The motion was seconded by Feig. The council approved joining the NDPERS Defined Benefit Retirement Plan effective January 1, 2010.

Allan McKay of the Lake Region District Health Unit has inspected four homes in the city that are classified as a public nuisance. A motion was made by Summers, seconded by Neppl, that the home owners clean up the properties. If they want the city to clean them up they must deed the property over to the city. The motion carried.

A motion was made by Summers, seconded by Feig, to have Frank Mosser make arrangements to have the floor in the grey shop sealed. The motion carried.

A motion was made by Neppl, seconded by Allan, to raise the rent the NDDOT pays for space in the grey shop to $200/mo. The motion carried.

Summers made a motion, seconded by Neppl, to open a separate checking account for the Surcharge Fund. The motion carried.

A motion was made by Allan, seconded by Feig, to amend the 2010 budget to include interest from checking and CD’s for the Surcharge and City Sales Tax Accounts. The motion carried.

A Pledge of Securities from Ramsey and NSCCU were reviewed and approved. They are on file in the city office.

The city office will be closed the Friday after Thanksgiving.

The next meeting will be Monday, December 7, 2009 at 7 p.m. The meeting adjourned.

Pamela Lee

City Auditor

Rodney Maddock

Mayor

INVITATION FOR

CONSTRUCTION BIDS

NORTH DAKOTA

STATE WATER COMMISSION

900 E. Boulevard Ave.,

Bismarck, ND 58505, Owner

Separate sealed bids for the construction of Transition No. 1 and Terminal Structure Modifications for Devils Lake Outlet Project Contract 10 will be received by the North Dakota State Water Commission (NDSWC), Bismarck, ND until 1:30 p.m., local time on the 17th day of December, 2009 where and at which time they will be publicly opened and read aloud.

Contract 10 includes modifications to the existing Devils Lake Outlet Transition No.1 and Terminal Structures. The Transition No.1 work will include the removal and placement of riprap and a new geo-synthetic clay liner, construction of two (2) 100-foot long rock filters using 7-foot wide pre-cast concrete sections and 30" diameter perforated HDPE pipe, and two cast-in-place concrete structures adjacent to the existing transition structure. The Terminal Structure work will include the removal of existing riprap and soil excavation, as well as the installation of approximately 4,000 sq-ft of articulated concrete matting to form a plunge pool. There will also be approximately 3,000 sq-ft of sheet piling needed.

The substantial completion date is specified as May 1, 2010.

Additional information regarding the Contract is provided in the Instructions for Bidders.

Each BID must be accompanied by a separate envelope containing a copy of a current and valid North Dakota Contractor’s License, and the BIDDER’s Bond. The Contractor’s License must have been issued at least 10 calendar days before the date of Bid opening. The BIDDER’s Bond must be 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 fifteen 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 the North Dakota State Water Commission.

Contract Documents are on file at the offices of the North Dakota State Water Commission, and Bartlett & West/AECOM, Bismarck, North Dakota, where they may be seen and examined between the hours of 8:00 a.m. and 5:00 p.m., local time, Monday through Friday. Address of Engineer’s office is:

BARTLETT & WEST/AECOM

3456 East Century Avenue

P.O. Box 1077

Bismarck, ND 58502-1077

Telephone (701) 258-1110

Fax: (701) 258-1111

The Engineer will furnish to any prospective BIDDER a copy of the Contract Documents upon request.

The State of North Dakota, acting through the State Water Commission, reserves the right to select any and all schedules(s) under which the bids are to be compared and the CONTRACT awarded, to reject any and all bids, to select any combination of Base Bid and Alternates, to consider other factors in selecting the bid which is in the best interest of the OWNER, and to waive any and all irregularities in any bid. The BIDDERs shall fully complete all Bid Schedules contained in the Bid Form.

The OWNER will select any Bid that results in the lowest and best bid, and which do not exceed the funds available for project construction. The OWNER may reject any base bid or combination of base bid and alternates, which do not meet these conditions. The OWNER reserves the right to hold the three low BIDs for a period of sixty (60) calendar days after the date of the bid opening to complete the financial arrangements.

The Engineer will furnish to any prospective BIDDER a copy of such plans and specifications upon receipt of $75.00 for each set of documents obtained. Checks shall be payable to Bartlett & West/AECOM.

No refunds will be made.

Dated this 24th day of November, 2009.

/s/ Dale L. Frink, P.E.

Secretary and Chief Engineer

North Dakota

State Water Commission

Bismarck, North Dakota

(Publish Nov. 25, Dec. 2 & 9, 2009)

NOTICE OF HEARING

A public hearing concerning the Phyllis Hassett property at the North 50′ x 172′, Lot 5, Subdivision 2, North Addition to the City of Maddock will be held January 26, 2009 at 5:30 p.m. in the basement meeting room of the Ramsey County Courthouse at 524 4th Ave. NE in Devils Lake, ND.

Contact Allen McKay for further information at 701-662-7035.

(Publish Nov. 25, Dec. 2 & 9, 2009)

OFFICIAL PROCEEDINGS

OF THE BOARD OF

COUNTY COMMISSIONERS

BENSON COUNTY

NORTH DAKOTA

November 3, 2009

The Benson County commissioners met in regular session on Tuesday, Nov. 3, 2009 at 9:00 a.m. in the commissioner’s room of the Benson County Courthouse, Minnewaukan, ND. Commissioners present: Jason Lee, Curtis Hvinden, Lowell Haagenson, David Davidson and Michael N.

Steffan. The meeting was called to order by Chairman Lee. Other people present: Richard Peterson of the Benson County Farmers Press.

Highway Superintendent Don Trnka and Applicant Agent Dawn Flemmer met with the board to give updates for their respective offices. Trnka commented on the progress of road signing in Benson County. Trnka stated the state sent out a notice regarding the road raise on Hwy.

19 in 2010. The proposals for the riprap project on the Maddock Bridge are out. He stated the road department will cut back to working 40 hrs./wk. and two seasonal employees have been laid off. He stated the department has excess oil that was to be used for the old motor graders and he questioned if the oil could be sold. The board concluded selling the oil would be acceptable. Trnka stated the county has an option for a "no cost" tractor lease. He stated the county never participated in this program in prior years. However, he filled out an application.

State’s Attorney James P. Wang came to the meeting at 9:07 a.m.

Trnka informed the board the only stipulation to the "no cost"

tractor lease is that the county will need to insure it and be responsible for maintenance. He asked the board what should be done regarding the individuals who have not mowed their roads ditches and removed bales. He stated the board gave notice the regulations will be strictly enforced. He questioned who will be responsible for enforcing the regulations. The board stated anyone not complying with the regulations should be fined and the fine then applied as a special assessment.

Trnka stated he called DES to see if it was an appropriate expenditure of administration funds to purchase distance measuring instruments and hand held GPS units. He stated the cost for a distance measuring instrument is $600 and the cost for a GPS unit is $200.

Trnka stated a previous discussion was held on recovering some of the gravel from road shoulders/ditches. He stated an attachment to the motor graders is available at a cost of approximately $8,000 each.

Trnka questioned the board on the wage increase allowed to employees.

He stated two of his key employees will not be receiving the raise allocated for 2010. He asked that the board reconsider this decision.

Flemmer provided updated reports on FEMA projects. The board discussed taking photos of the projects sites for future reference, if needed.

Dennis Eggebraaten of the Census Bureau met with the board regarding the complete count committee for Benson County. He stated census forms will be hand delivered to every residence in Benson County for the 2010 Census. He indicated informational fliers will be sent to Benson County to send out with the property tax statements. He said each person counted results in approximately $1,000 through grants, federal funding, etc.

Public Health Nurse Shelley Aabrekke met with the board to present her monthly report for October 2009. She gave a report on H1N1 vaccinations.

A motion was made by Haagenson, seconded by Hvinden, to approve the minutes from the regular meeting of Oct. 20, 2009. All members voted yes. The motion carried unanimously.

Additional discussion was held on applying special assessments to property with unmowed road ditches and bales not removed. State’s Attorney Wang gave his advice on the issue and on what was allowed through the NDCC.

Charles Paulson,DEM, met with the board. He gave an update on the progress of grants. Davidson questioned what the limitations were on the money for the Sheriff’s Department through the Homeland Security Grant. He again discussed the issue of the costs involved in placing a generator by the Rangen Hill Tower. Hvinden questioned why the generator could not be inside the building. Paulson stated there is not sufficient space for the generator to be inside the building. He stated he applied for a grant for radios, however, there is a 10% match which would result in approximately $1,300.He informed the board he signed up for a NIMS training course. He indicated the paperwork for the EMPG is almost complete.

Sheriff Steven J. Rohrer met with the board to present his monthly mileage/activity report for October 2009 and the patrol summary report for the cities of Leeds and Minnewaukan. He stated he is a trustee in the ND Cowboy Hall of Fame and indicated a nomination was made several years ago by the board for the nomination of Bob Rindt into the ND Cowboy Hall of Fame. He requested the support of the board to renominate Rindt. A motion was made by Hvinden, seconded by Steffan, to sign the letter of nomination. All members voted yes. The motion carried unanimously.

Don Trnka came back to the meeting to questions the decision of the board to take photos of the FEMA projects sites. Trnka asked for clarification on how many photos are needed. He explained there would be numerous photos needed for all the project sites. He stated it would be difficult also because the markers have been picked up. He stated he does have GPS readings from the sites. Trnka stated he personally views the completed sites to make sure they are done according to FEMA specifications. The board told Trnka to use his own judgment on what should be photographed.

Bob and Don Indvik of Wold Engineering met with the board. Bob presented the board with the construction contract for Project CER-0238(067). A motion was made by Haagenson, seconded by Hvinden, to have the chairman sign the contract. All members voted yes. The motion carried unanimously.

The board reviewed a letter from the ND DOT dated October 28, 2009 regarding the 2010-2011 Revised Federal Aid Program. A motion was made by Steffan, seconded by Davidson, to have the chairman sign the program sheet. All members voted yes. The motion carried unanimously.

A motion was made by Haagenson, seconded by Hvinden, to reappoint David Davidson to the Benson County Social Service Board for a period of three years. All members voted yes. The motion carried unanimously.

Discussion was held on going off of the NDPERS group health plan to another plan. The two plans presented at prior meetings regulate that employees must work 30 hrs./week to qualify rather than 20 hrs./wk.

as with the current NDPERS plan. This would eliminate a large number of employees from participating in the group health insurance plan.

The board telephoned the NDPERS office and submitted questions regarding participation. The NDPERS office stated it needs 30 days cancellation notice. The notice could be withdrawn within the first two weeks. Wang questioned if the county canceled out of the NPERS plan, would COBRA be available. The NDPERS office stated COBRA would not be available in the case of cancellation. A motion was made by Hvinden, seconded by Davidson, to give employees notice that Benson County is intending to opt out the NDPERS health plan as of January 1, 2010. All members voted yes. The motion carried unanimously.

The board discussed the wage increase allocated to employees for 2010 and the qualifications for receiving the increase. The board concluded to leave the motion stand "as is" relative to the amount of time an employee must have worked for the county to qualify for the increase.

David Davidson left the meeting at 12 noon.

A motion was made by Steffan, seconded by Haagenson, to issue the 2010 pay increase to employees as a separate line item on payroll and list the pay as "2010 bonus pay". All members voted yes. The motion carried unanimously.

A motion was made by Haagenson, seconded by Steffan, to allow employees a paid day off on November 27, 2009 to coincide with the Thanksgiving holiday. All members voted yes. The motion carried unanimously.

Additional discussion was held on the issue of unmowed ditches. A conclusion was made to apply a special assessment if extra costs are incurred for snow removal and mowing.

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

Distribution to Entities $26,360.32

Social Welfare 6,284.88

Chad’s Amoco 1,798.82

Leeds City 149.80

David Bohl & FUO-York 510.00

Dale Yri & FUO-Mdk. 640.00

Edwin Hoffert & FUO-York 340.00

Farmers Union Oil-York 236.78

Kory Jorgenson 226.50

Lyndon Olson 83.10

Moller’s, Inc. 18,074.25

Maxine Yri & FUO-Mdk. 640.00

Pierce County Tribune 80.44

Benson Co. Farmers Press 145.75

Sara Plum 252.75

Sunshine Spray

Service, Inc. 5,120.00

Travis Anderson 110.60

Tim Finley 266.20

Terry Follman 800.00

Van Diest Supply 2,980.00

Conseco Health Ins. Co. 61.00

Farmers Union Oil-Mdk. 89.00

Garrison Diversion Dist. 108.79

Information Technology

Dept. 449.80

Lake Region

Veterinary Service 106.06

Maddock Mini Mart 381.70

ND State Treasurer 3,691.82

Visa 769.98

Alltel 43.92

Minnewaukan City 48.50

Gofer Sanitation 121.15

Harold’s Auto Marine 207.00

North Dakota

Telephone Co. 157.85

Otter Tail Power Co. 133.39

Prairie Truck &

Tractor Repair 20.69

Cando Ambulance Service 663.80

Esmond Ambulance

Service 12,128.33

Fort Totten

Ambulance Service 10,971.17

Harvey Ambulance Service 442.53

Leeds Ambulance Service 21,966.30

Lake Region

Ambulance Service 2,257.93

Maddock Ambulance

Service 15,627.01

Rugby Ambulance Service 2,323.31

Alltel 197.43

Bernie Ehnert 25.00

Bonnie Erickson 198.00

Jason Lee 52.80

Comfort Suites 252.00

Cole Watson 112.30

Dean Petska 50.00

Donald E. Trnka 182.10

Gerrells 272.94

James A. Ehnert 43.90

James Wang 638.00

Lisa Wold 150.00

ND Telephone Co. 641.67

Bismarck Ramkota Hotel 441.00

Redwood Co. Shf. Dept. 60.80

Maddock Fire 257.28

Barry Cox 83.50

Colonial 34.75

Dental Service Corp. of ND 3,328.33

Erling Karlsbraaten 74.70

Jason Lee & FUO-Mdk 640.00

Job Service 6,744.67

Nationwide Retirement

Solution 1,014.00

ND Public Employees

Retirement 11,509.52

State Tax Commissioner 5,506.17

Protective Life Ins. Co. 84.52

Ralph Olson 62.60

Social Welfare 10,917.39

Ebach Construction 4,955.60

Ebach Construction 3,780.40

Gofer Sanitation 121.25

Metcalf Consultants, Inc. 2,680.14

OfficeMax 53.99

Ritterman Trucking 7,612.40

Ritterman Trucking 9,393.72

Susag Sand & Gravel, Inc. 4,316.40

Susag Sand & Gravel, Inc. 5,187.60

Susag Sand & Gravel, Inc. . 35,427.20

Aflac 761.43

Benson County

Highway Dept. 428.64

Brady, Martz &

Associates, P.C. 19,000.00

Capital Trophy 246.00

Chad’s Amoco 240.98

Clute’s Office Equipment 988.66

Minnewaukan City 117.95

Country Inn & Suites 189.00

David Daeley 293.40

Gilbertson Funeral Home 830.00

Hoiberg’s 17.02

Institute of

Local Government 60.00

Jan’s Stall Mall 40.00

Jean Olson 85.55

Klemetsrud Plumbing &

Heating 873.24

Lana Johnson 74.80

Lake Region Dist. Health 12,147.00

Mac’s Inc. 100.71

Marvin Holweger 55.44

National Assoc. of Counties 400.00

North Central

Planning Council 7,172.91

ND Assoc. of Counties 615.00

ND Public Employees

Retirement 23,688.22

ND State Radio

Communications 147.84

Nodak Electric Cooperative 92.53

Northern Plains

Electric Co-op 26.19

Prairie Public 150.00

Benson Co. Farmers Press 607.18

Reliable Office Supplies 99.96

Randy Thompson 36.30

Void 00.00

Rugby Lumber, Inc. 105.98

Benson County

Highway Dept. . 5,310.87

Dawn Flemmer 2,002.50

Alltel 42.81

Michael Steffan 313.50

David Davidson 52.80

Curtis Hvinden 99.00

Jason Lee 81.85

Lowell Haagenson 64.90

Maddock Mini Mart 309.30

NDEAFCS Gayle Gette 82.00

North Dakota

Telephone Co. 127.88

Stacey Heggen 340.25

Service Tire 217.17

Visa 624.86

West Payment Center 386.25

Clover Shop 73.35

Garrison Diversion Dist. 689.24

Holiday Inn-Fargo 63.00

JS Vending, Inc. 30.60

ND State Treasurer 6,296.33

Renee Haagenson 5.71

Scott Knoke 225.10

Distribution to Entities 85,066.58

B & H Oil 6,943.11

Butler Machinery 3,940.70

Esmond City 25.95

Maddock City 78.20

Minnewaukan City 48.50

Donald E. Trnka 396.86

Farm Plan 949.41

Farmers Union Oil-Mdk. 3,354.51

Farmers Union Oil-York 833.15

Farmers Union Oil 3,674.56

Harlow Elevator 98.15

HE Everson’s Co. 131.90

Home of Economy 502.63

Hovland Septic Service 85.00

HSBC Business Solutions 125.77

Johnston Fargo Culvert Inc. 5,990.90

JS Vending, Inc. 100.50

Little Falls Machine Inc. 720.31

Lake Region Sheet Metal 101.48

Mac’s Inc. 94.97

Dakota Implement 393.22

Otter Tail Power Co. 338.52

Power Plan (RDO) 4,776.00

Praxair Distribution Inc. 10.85

Quality Welding 228.37

RDO Equipment Co. 6,199.04

Ritterman Trucking 17,890.80

Ritterman Trucking 6,435.00

Ritterman Trucking 936.00

W W Wallwork 140.84

Social Welfare 4,852.12

NET PAYROLL

OCTOBER 2009

Co. Agent $1,027.24

Emergency Disaster 972.99

VSO 983.67

Co. Road 41,813.78

Social Services 24,636.26

Co. General 36,640.49

The board reviewed the Attorney General’s Opinion regarding delinquent property tax foreclosures.

The board also reviewed a letter from the Dept. of Veteran’s Affairs dated October 28, 2009 regarding the County Veteran Service Office Training recently held.

The board reviewed the minutes from the Lake Region District Health Unit meeting of July 28, 2009.

A letter from SRF Consulting Group dated October 19, 2009 regarding SER-3-019(049)137, PCN 18174 was presented to the board.

The meeting adjourned at 12:10 p.m.

Bonnie Erickson

Benson County Auditor

Jason Lee

Chairman