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2/10/2010 – Public Notices

Civil No. 09-C-3

Notice is hereby given that by virtue of a judgment of foreclosure by the District Court of the Northeast Judicial District in and for the County of Benson and State of North Dakota, and entered and docketed in the Office of the Clerk of said Court on April 1, 2009, in an action wherein GMAC Mortgage, LLC was Plaintiff and Craig S. Arnold; Nicole Arnold; LVNV Funding, LLC; and any person in possession were Defendants, in favor of Plaintiff and against the Defendants for the sum of $86,601.06, which judgment and decree, among other things, direct the sale by me of the real property hereinafter described, to satisfy the amount of said judgment, with interest thereon and the costs and expenses of such sale, or so much thereof as the proceeds of said sale will satisfy; and by virtue of a writ issued to me out of the office of the Clerk of said Court, I, Steven J. Rohrer, Sheriff of Benson County, North Dakota, will sell the property described in the judgment to the highest bidder for cash at public auction at the front door of the Courthouse in the City of Minnewaukan in the County of Benson and State of North Dakota, on March 9, 2010, at the hour of 10:00 a.m. (CT), to satisfy the amount due, with interest thereon, and the costs and expenses of such sale, or so much thereof as the proceeds of such sale will satisfy. The property to be sold is situated in the County of Benson and State of North Dakota, and described as follows:

The following tract or parcel of land lying and being in the County of Benson and State of North Dakota and descibed as follows, to-wit:

A tract of land situated in the SE 1/4 NE 1/4 of Section 16, Township

152 North, Range 71 West, more particularly described as follows:

Beginning at the East 1/4 corner of said Section 16; thence N 00 degrees

39 feet 29 inches E along the East line of said Section a distance of 500.00 feet; thence S 89 degrees 46 feet 01 inches W a distance of

962.05 fee; thence S 01 degrees 01 feet 22 inches W a distance of 477.36 feet; thence S 88 degrees 53 feet 08 inches E a distance of 965.00 feet to said East line and the point of beginning. Said parcel contains 10.8 acres, more or less, a/k/a 3951 39th Ave. NE, Esmond, ND 58332.

IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this 1st day of February, 2010.

/s/ Steven J. Rohrer

Steven J. Rohrer

Sheriff of Benson County,

North Dakota


) ss.

County of Benson )

On this 1st day of February, 2010, before me, a Notary Public in and for said County and State, personally appeared Steven J. Rohrer, known to me to be the person who is described in, and whose name is subscribed to this instrument.

/s/ Bonnie Erickson

Bonnie Erickson

Notary Public

Benson County, North Dakota

My Commission Expires: 9-9-10


PO Box 1097

Dickinson, ND 58602-1097

Attorneys for Plaintiff

(Publish Feb. 10, 17 & 24, 2010)






January 19, 2010

The Benson County commissioners met in regular session on Tuesday, January 19, 2010 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 Haagenson. Also present was Richard Peterson of the Benson County Farmers Press.

Sheriff Steven J. Rohrer met with the board. He presented bids on a new patrol car.

Highway Superintendent foreman Ron Stadum and DEM/Applicant Agent Dawn Flemmer met with the board. Stadum discussed the possible purchase of gravel and gave an update on the work being done by the road department.

Flemmer stated almost all of the PW’s have been concurred with. She stated she is still waiting on a few approvals. She stated estimates were received for three large projects. She stated a six month extension may need to be requested for the large projects to be completed. Lee questioned Stadum on an issue involving road signing. Stadum stated the issue will be resolved. Flemmer stated she was in Bismarck last week for DEM training on processing emergency grants.

A motion was made by Steffan, seconded by Lee, to reappoint Don Trnka as Highway Superintendent for a period of one year. All members voted yes.

The motion carried.

A motion was made by Hvinden, seconded by Lee, to approve the minutes of the regular meeting held January 5, 2010. All members voted yes. The motion carried.

A motion was made by Lee, seconded by Steffan, to reappoint John Beckstrand to the Benson County Water Board for a period of three years.

All members voted yes. The motion carried.

The board reviewed the issue of the $50.00 fee assessed on May 1 to property owners with delinquent property taxes. A motion was made by Steffan, seconded by Davidson, to charge a one time fee of $50.00 in 2010 for the years 2005 and 2007. All members voted yes. The motion carried.

The board reviewed two cost proposals for the 2009 annual county audit.

A motion was made by Steffan, seconded by Hvinden, to have Brady Martz & Associates perform the 2009 audit. All members voted yes. The motion carried. The board reviewed the engagement letter submitted by Brady Martz and Chairman Haagenson signed the document.

The board reviewed the LR LEC & LR E-911 Authority budgets for 2010.

John Beckstrand, Brian Maddock and Ken Hoffert of the Benson County Water Board and Jean Olson, secretary of the water board met to discuss an upcoming meeting on a water permit. Beckstrand requested input from the board on what the response of Benson County should be. Maddock stated a letter was written to the State of ND to notify that agency the outlet is leaking. Beckstrand stated the opinion of the water board is that the outlet will leak more if additional water is run through the outlet. The water board stated this issue will be raised at the meeting set for January 26, 2010. The board discussed the affects the increase in water flow may have on the Sheyenne River.

Flood Plain Administrator/Tax Director Ellen Huffman met with the board.

She presented the 2009 Report on Ag Values along with the Flood Plain Administrator report. Huffman stated Benson County is low on values by 14% for the 2010 year. The board concurred that Huffman should publish a flood plain notice in the Devils Lake Peddler and Benson County Farmers Press as she has done in the past. She stated she received a Flood Plain Application Permit regarding Geske’s Curve in Sec. 2 & 3, Twp. 152, Rge.

64. The board agreed the permit should be signed by Huffman.

The board discussed the possibility of placing the issue of assessing an additional 10 mills under Levy No. 1212 on the 2010 election ballot to assist with increased costs of road maintenance and repair. The auditor stated she is obtaining information on what roads in Benson County are "farm-to-market" roads.

Kathy Walker of the Peterson Coulee Outlet Association met with the board to discuss issues with the outlet and the upcoming meeting on January 26, 2010. She asked if the board would be agreeable to a tour of the outlet in the spring. She discussed issues with the new power line being installed to the outlet.

Steffan discussed issues with the termination of an employee at the social service department. Steffan stated the social service director and the State of ND indicated to him that the local social service board may need to be the initial board of appeal for grievance issues. He stated Forde told him this appeal method has not been used for several years. Steffan informed the board he discussed the issue with the Benson County State’s Attorney. The board concluded the issue needs to be looked into further. Haagenson’s concern was whether or not money will be suspended from social service programs due to the alleged delinquency of the employee. Steffan stated the state’s attorney may potentially have a conflict of interest in this matter.

The board reviewed the resolution to adopt the C-5 Amendment to the Benson County Zoning Ordinance. The amendment was approved by the Benson County Zoning Board. A motion was made by Lee, seconded by Davidson, to have the chairman sign the resolution approving the amendment. All members voted yes. The motion carried.

The board reviewed the amount of money paid by Benson County through unemployment of past/seasonal employees.

The board reviewed a proposed agreement to have GovernSoft supply computer software support for Benson County. A motion was made by Hvinden, seconded by Davidson, to have the chairman sign the agreement.

All members voted yes. The motion carried.

The board reviewed an application for a local gaming permit submitted by Harlow VFW Auxiliary. A motion was made by Hvinden, seconded by Lee, to approve the application. All members voted yes. The motion carried.

The auditor informed the board that the zoning board recommended a turning lane be constructed by West Bay Resort on Highway #19. A motion was made by Steffan, seconded by Lee, to send a letter to the ND DOT requesting a turning lane be constructed. All members voted yes. The motion carried.

The auditor presented information to the board on a meeting she had with representatives from BlueCross Blue Shield and presented the board with survey results of employees regarding participating with NDPERS. A motion was made by Steffan, seconded by Davidson, to stay with NDPERS and to offer the option of a flex spending account for employees. All members voted yes. The motion carried.

Davidson left the meeting at 11:40 a.m.

The meeting adjourned at 11:43 a.m.

Bonnie Erickson

Benson County Auditor

Lowell Haagenson





December 22, 2009

A meeting was held at Maddock School on December 22, 2009 at 3 p.m.

regarding a basketball co-op. In attendance were Brian Engstrom, Randy Silliman and Joel Braaten from Leeds; David Ambers and Laura Every from Minnewaukan; and Mark Kallenbach, Randy Benson and Kim Anderson from Maddock.

The meeting was called to discuss the formation of a Benson County basketball co-op. The school representatives discussed their numbers possible for basketball participation, for both girls’ and boys’ teams.

The Leeds and Minnewaukan representatives will take this information back to their school boards and inform the Maddock School Board of their decisions.

Brenda Fossen

Business Manager

Approved: Chris Lauinger, President

Board of Education

January 28, 2010 A regular meeting of the Maddock School Board was held January 28, 2010 at 4:30 p.m. Present were President Chris Lauinger, Becky Brandvold, David Kenner, Randy Benson, Mark Kallenbach, Superintendent Kim Anderson, Principal Penny Leier and Business Manager Brenda Fossen.

Guests were Amanda Johnson, Derek Engh, Val Olson, Laura Every, Ron Carlson, Joleen Risovi and Chris Fuge.

Item 5b was moved to be first on the agenda and the Minnewaukan guests will immediately follow. A motion was made by Brandvold, seconded by Kenner, to approve the agenda as amended. The motion carried.

A motion was made by Kenner, seconded by Kallenbach, to approve the minutes of December 9 and 22, the General Fund bills totaling $47,970.80, food service and activities reports. The motion carried.


Altru Health System $1,569.00

American Solutions

for Business 246.80

Anderson, Kimberly 254.13

Barnes & Noble 129.39

Belle Trucking 524.21

Benson Co. Events Center 1,150.00

Benson Co. Farmers Press 136.01

Border States Electric Supply 340.78

Cambium Learning 191.23

Cenex Convenience Card 135.47 City of Maddock 3,406.16 Cole Papers 323.15 Dakota Implement 22.76 Dakota Mounts 170.00 Dakota Web Composers 90.00 Daryl’s Refrigeration 1,644.50 Devils Lake Glass & Paint 3.99 Devils Lake Public School 12,443.01 Ebach Construction 5,710.65 Farmers Union Oil Co. 3,614.52 Fire Extinguisher Systems 154.85 Gaffaney’s of Minot 1,074.76 Grainger, Inc 84.55 Harlow’s Bus Sales 723.56 Home of Economy 213.93 Honeywell, Inc 1,350.75 Information Technology Dept. 346.00 Jaymar Business Forms 91.70 JS Vending 21.72 Kay Jay Services 657.47 Lannie Simonson Building Co. 108.00 Lego Educational 280.90 NAPA Auto Supply 145.74 ND Assn. of School Administrator 140.00 ND Assn. of Secondary School Principals 120.00 ND FFA Assn. 29.00 ND School Boards Assn. 60.00 New England FFA 400.00 ND Telephone Co. 355.75 Pearce & Durick 1,523.03 Praxair 2,917.28 Quill Corporation 2,007.11 Stein Chemical Co. 583.85 Surety Title Co. 1,894.15 Tracy’s Market 115.59 Trio Enviromental Consulting 390.00 US Food Service 75.35 Checking Account Total 47,970.80 Derek Engh presented an itinerary and list of projected expenses for a senior class trip to Duluth, Minn. on March 17-21. Mr. and Mrs. Greg Maddock will chaperone. A motion was made by Kallenbach, seconded by Brandvold, to grant permission for the trip. With the roll call vote all in favor, the motion carried.

The guests from Minnewaukan were heard. School board vice president Laura Every and Minnewaukan High School principal Ron Carlson informed the board of recent events regarding the Leeds-Minnewaukan basketball co-op. They encouraged the board to pursue a three school Benson County co-op.

Principals reported on the new round of school improvement beginning, the storm makeup day will be May 26, and recent Breaking Ranks activities.

Mrs. Anderson stated that notice has been sent to, and accepted from, Lonetree Special Ed informing them of our decision to join the Lake Region Special Ed Unit. Notice was also sent to DPI of this decision.

The self-monitor compliance exam for Title I was completed and sent January 15, however no determination has been received.

Discussion was held on the basketball co-op meeting held December 22 with Leeds and Minnewaukan representatives. Since that meeting, Maddock has been waiting for the approvals of their boards for a three school co-op. On January 26, Leeds made a decision to dissolve their co-op with Minnewaukan. Leeds has also invited Maddock to establish a co-op. As it has become apparent that a three school co-op will not be possible, a motion was made by Kallenbach, seconded by Kenner, to co-op boys’ and girls’ basketball, beginning 2010-2011, with Leeds. The roll call vote:

Brandvold, abstained; Lauinger, yes; Benson, abstained; Kenner, yes; Kallenbach, yes. The motion carried.

The 2010 IH bus has arrived and is in service as Bus #1. A motion was made by Brandvold, seconded by Benson, to approve payment to Harlow’s Bus Service for $74,872.00. With the roll call vote all in favor, the motion carried. Documentation must be sent to DPI of the destruction of the old bus before the grant payment will be received.

The Maddock School Board annual election will be June 8 from 11 a.m. to

7 p.m.

The next regular meeting will be February 18 at 4:30 p.m. The meeting adjourned.

Brenda Fossen

Business Manager

(Minutes are submitted for publication prior to board approval.)



January 4, 2010

A regular meeting of the Oberon City Council was held January 4, 2010.

Present were Mayor James Nelson and council members Eloise Ploium and Pete Hager. Others present were Auditor Linda Walters and Benson County Commissioners Chairman Jason Lee. Absent were Doug Schmid and Dale Stenberg. The meeting was called to order by Mayor Nelson.

Mr. Lee stated that Measure #1 for Benson County passed. He will meet with the council per their request and per scheduling. Discussion was held on FEMA repairing city streets and the city well. There has been no response from FEMA. Cities can use 80% federal aid for street repair, if approved. Mr. Lee suggested that DEM Dawn Flemmer be contacted about questions concerning FEMA. The weed board is to contact the council about cattail spraying in the spring around the lagoon. There was a grant to fence around the well. The county must build up the ground around the well before fencing. Mayor Nelson will check on the grant to see if it is still good. Mr. Lee left business cards with Mayor Nelson and the council.

The minutes of the December 2009 meeting were read. A motion was made by Hager,` seconded by Ploium, to approve them. The motion carried.

Old business — The water report for December 10, 2009 was negative. New water testing equipment has been purchased and received.

New business — The new monthly rate for Waste Management will be $679.10, effective January 1, 2010.

A motion was made by Ploium, seconded by Hager, to have the city auditor write a letter to Fire Chief Roger Skadsem and request that the hole in the fire hall be closed. The motion carried.

A motion was made by Hager, seconded by Ploium, to have the mayor sign two checks to pay the Otter Tail Power Company and Waste Management bills that come due before the next council meeting, to avoid late fees.

The motion carried.

A motion was made by Ploium, seconded by Hager, to pay the bills. The motion carried.

Otter Tail Power Co. $562.80

Waste Management 768.34

IRS 275.40

ND Telephone Co. 60.82

Benson Co. Farmers Press 64.99

Hach 426.25

Newman Traffic Signs 66.75

Corey Ploium 184.70

Linda Walters 369.40

A motion was made by Ploium, seconded by Hager, to adjourn. The motion carried and the meeting was adjourned.

Linda Walters


James C. Nelson




The Minnewaukan Public School Board is requesting sealed bids for the property known as the Graham’s Island School. The site includes the school building located on approximately three (3) acres.

Sealed bids must be at the school by 4 P.M. on Monday, March 8, 2010.

The Minnewaukan School Board reserves the right to reject any or all bids. Bids must be accompanied with a certified check for 10% of the bid.

Mail bids to Minnewaukan Public School, PO Box 348, Minnewaukan, ND

58351 or deliver to the superintendent’s office at the school.

(Publish Feb. 10, 17, 24 and March 3)




February 17, 2010 – 6 p.m.

I. Call to order

II. Additions to and approval of agenda

III. Delegations and communications. A. Opportunity for public to speak IV. Reading and approval of the minutes V. Presentation of bills VI. Reports. A. General Fund; B. Special Fund; C. Hot lunch; D. Capital projects VII. Old business. A. Bus discussion; B. Grahams Island School discussion; C. Athletics co-op discussion; D. Long-term planning process; E. Short-term planning (2010-2011) VIII. New business. A. Impact aid trip; B. Teachers’ contracts; IX. Principals’ reports X. Next meeting date and time XI. Adjournment (Publish Feb. 10, 2010)

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