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Page 12 – Monday, July 13, 2020 Cavalier County Republican PUBLIC NOTICE IN DISTRICT COURT, CAVA- LIER COUNTY, NORTH DAKOTA Cindy Moser (a/k/a Cynthia M. Moser, Plaintiff, vs. Patrick McHugh, Rosa McHugh, Dakota Land and Townsite Com- pany, W.J.Mooney Cavalier County, Arthur Sparling, Nellie G. Sparling, Edward Schmeikle, City of Langdon, Olga Schmeikle, Wesley A. Padden, Leone Padden, Thomas G. Padden Robertine Chaput, Ernest Chapl:lt, Victoria Chaput, C.L. 8eiers, Adolph Klein, Hart Hanson (a/k/a Hart- vig Hansen), Anne Klein, Howard Iverson, Alice Iverson, Heritage De- velopment, Inc., Kenneth Gellner, Beverly Gellner , Wales Farmers Elevator, Inc., Terry Moser (a/k/a) Terrence M. Moser). Defendants. THE STATE OF NORTH DA- KOTA TO THE ABOVE-NAMED DEFENDANT: [¶1] You are hereby summoned and required to appear and defend against the complaint in this action, which is herewith served upon you, by serving upon the undersigned an answer or other proper response within twenty-one (21) days after the service of this summons upon you, exclusive of the day of service. [¶2] If you fail to do so, judgment by default will be taken against you for the relief demanded in the com- plaint.. Dated this 22nd day of June 2020. SILLERS, LAAVEG, & WENZEL Cameron D. Sillers 908 3rd Street Langdon, ND 58249 Telephone: (701) 256-3717 Facsimile: (701) 256-3720 Email: [email protected] Attorneys for the Plaintiff J29,Jy6,13 ________________________________ IN DISTRICT COURT, CAVA- LIER COUNTY, NORTH DAKOTA Cindy Moser (a/k/a Cynthia M. Moser, Plaintiff, vs. Patrick McHugh, Rosa McHugh, Dakota Land and Townsite Com- pany, W.J.Mooney Cavalier County, Arthur Sparling, Nellie G. Sparling, Edward Schmeikle, City of Langdon, Olga Schmeikle, Wesley A. Padden, Leone Padden, Thomas G. Padden, Robertine Chaput, Ernest Chaput, Victoria Chaput, C.L. Beiers, Adolph Klein, Hart Hanson (a/k/a Hartvig Hansen), Anne Klein, Howard Iver- son, Alice Iverson, Heritage Devel- opment, Inc., Kenneth Gellner, Bev- erly Gellner, Wales Farmers Elevator, Inc., Terry Moser (a/k/a) Terrence M. Moser). Defendants. COMPLAINT [¶1] The Plaintiff, for its cause of action, shows the Court that it has an interest in the following described real property situated in the above- named county and state, namely: Commencing at the Southeast corner of Auditor’s Lot Five (5) of the Northeast Quarter (NE1/4) of Section Twenty-three (23), Town- ship One Hundred Sixty-one North (161N), Range Sixty West (60W) of the Fifth Principal Meridian, thence North upon the East line of Audi- tor’s Lot Five (5), Fifty feet (50’) to the point of beginning of the tract to be conveyed; thence North on the East line of Auditor’s Lot Five (5), Eighty-six feet (86’); thence West at right angles Seventy-five feet (75’), thence South at right angles Eighty- six feet (86’); thence East at right angles Seventy-five feet (75’) to the point of beginning; (City of Lang- don); AND Part of Auditor’s Lot Five (5) de- scribed as follows: Beginning at the Northeast Corner of said Lot Five (5) measure Seventy-five feet (75’) West along the North line of said Auditor’s Lot Five (5) to the point of beginning; thence due West along the north line of said Auditor’s Lot Five (5) a distance of Forty feet (40’), thence South at right angles a dis- tance of Eighty-six feet (86’); thence due East at right angles a distance of Forty feet (40’); thence due North at right angles a distance of Eighty- six feet (86’) to the point of begin- ning. This being a tract of land For- ty feet (40’) by Eighty-six feet (86’). Same being a part of the Northeast Quarter (NE1/4), Section Twenty- three (23), Township One Hundred Sixty-one North (161N), Range Six- ty West (60W) of the Fifth Principal Meridian; (City of Langdon). [¶2] That the Defendants claim certain estates or interests in or lien or encumbrances upon the same, as the case may be, adverse to the Plaintiff. [¶3] That the title of the Plaintiff is superior to that of the Defendants and of anyone unknown claiming to have any interest in the said prop- erty. [¶4] WHEREFORE, Plaintiff prays as follows: a. That the Defendants be required to set forth all their adverse claims to the property above described, and that the validity, superiority and pri- ority thereof be determined; b. That the same be adjudged null and void and that they be decreed to have no estate or interest in, or lien or encumbrance upon, said prop- erty; c. That this title be quieted as to such claim and that the Defendants be forever debarred and enjoined from further asserting the same; d. That the Plaintiff have such other general relief as may be just. Dated this 22nd day of June 2020. SILLERS, LAAVEG, & WENZEL Cameron D. Sillers 908 3rd Street Langdon, ND 58249 Telephone: (701) 256-3717 Facsimile: (701) 256-3720 Email: [email protected] Attorneys for the Plaintiff J29,Jy6,13 ________________________________ IN DISTRICT COURT, CAVA- LIER COUNTY, NORTH DAKOTA Cindy Moser (a/k/a Cynthia M. Moser, Plaintiff, vs. Patrick McHugh, Rosa McHugh, Dakota Land and Townsite Com- pany, W.J. Mooney Cavalier County, Arthur Sparling, Nellie G. Sparling, Edward Schmeikle, City of Langdon, Olga Schmeikle, Wesley A. Padden, Leone Padden, Thomas G. Padden, Robertine Chaput, Ernest Chaput, Victoria Chaput, C.L. Beiers, Adolph Klein, Hart Hanson (a/k/a Hartvig Hansen), Anne Klein, Howard Iver- son, Alice Iverson, Heritage Devel- opment, Inc., Kenneth Gellner, Bev- erly Gellner, Wales Farmers Elevator, Inc., Terry Moser (a/k/a Terrence M. Moser). Defendants. AFFIDAVIT FOR SERVICE BY PUBLICATION [¶1] Cameron D. Sillers, being first duly sworn on oath, deposes and states as follows: [¶2] That I am an attorney li- censed to practice law in the State of North Dakota and am the Attorney for the Plaintiff in this action. [¶3] That after diligent inquiry, personal service upon the Defen- dants named above who have not yet been served cannot be made within the State of North Dakota to the best of this affiant’s informa- tion, knowledge, and belief. This is based on the return of the Sheriff of Cavalier County stating that he was unable to locate said Defendants and this affiant’s knowledge that some of the above named Defendants are de- ceased. [¶4] That the present residences of said Defendants are unknown. [¶5] That the relief sought in this action consists wholly in excluding the Defendants from any interest in or lien on real property located in the State as described in the Complaint. Dated this 22nd day of June 2020. Cameron D. Sillers Subscribed and sworn to before me this 22nd day of June 2020. Kari M Phillips, Notary Public J29,Jy6,13 ________________________________ Summons June 16, 2020 On June 16, 2020, at 8:30 a.m. the Board of Commissioners of Cava- lier County, North Dakota, met at the Cavalier County Courthouse in regular session. David Zeis was not in attendance. The courthouse was operating in lockdown at the time of this meeting in response to the COVID-19 pandemic. To comply with North Dakota open meetings laws, the meeting was live streamed on Facebook. The meeting began with the Pledge of Allegiance. Chairman Nick Moser called the meeting to order and proceeded as follows: Moser asked if there were any changes to the agenda. Greg Goodman made a motion to ap- prove the agenda, seconded by Stanley Dick; motion carried. Aus- tin Lafrenz made a motion to ap- prove the minutes, seconded by Greg Goodman; motion carried. An ad for contracted HR services was reviewed. After making a few changes to the ad, Greg Goodman made a motion to place the ad in the Cavalier County Republican for two weeks, seconded by Austin Lafrenz, motion carried. Stanley Dick discussed the hosting of the NVHSZ, and what the other coun- ties would be expected to pay for hosting next year. The commission- ers were in agreement that it should not be any less. The indirect cost funding was also discussed. The commissioners suggested that Lisa Gellner, Auditor, check how much the other two counties will be get- ting in June for funding from the state and possibly withhold fund- ing for indirect bills that didn’t get paid by the other counties. Stanley Dick made a motion to approve the Township Road Miles Certification, seconded by Greg Godman, motion carried. Terry Johnston, Road Su- pervisor, brought in bids for gravel on County 7. Stanley Dick made a motion to accept the low bid from Close Construction in the amount of $17.80/yard, totaling $32,040.00, seconded by Austin Lafrenz, mo- tion carried. Karen Kempert, Emer- gency Manager/911 Coordinator, met with the commissioners and discussed whether or not the motor graders and plow trucks would be purchasing radios to be used on the State-wide Interoperable Radio Network (SIRN). The cost for the radios would be $2,400 to $2,500 each, with $1,500 being reimbursed by the state. The commissioners de- cided to discuss it with the roadmen and get back to Kempert. Comp time balance for one of the roadmen was discussed. Terry Johnston stat- ed he would contact the employee and tell him to get the balance used. Possible future road projects were reviewed which would be submit- ted to NDACo for future funding. Johnston asked the commission if they wanted KLJ to make plans for the overlay on County 6 in prepara- tion for future funding. It was de- cided to wait until there was more information available on Prairie Dog Funding. Johnston also in- formed the commissioners that he had received an estimate of $9,032.00 from 3D Specialties to fix the bridge rail on County 55 that was damaged by a farmer. John- ston stated that the farmer’s insur- ance would be paying the cost. Stanley Dick made a motion to ap- prove two culverts in Billings Town- ship which were rusted out, second- ed by Greg Goodman, motion carried. The bridge/culvert project in Banner Township was discussed. Johnston stated that the Water Board was checking with Witzel to see when the project would get completed. Johnston informed the commissioners of three more cul- verts that were needing to be re- placed on county roads. There was discussion on the sign post driver that was needing repair and would possibly need to be replaced soon. Greg Goodman asked if anyone had heard from Pembina County re- garding the Senator Young Dam. Goodman stated that there was a company doing boring on the dam the past couple weeks. Nobody had heard from Pembina County. John- ston stated he would check with the Water Board to see if they had. Johnston asked the commissioners if they still wanted to do NDLTAP hands-on motor grader training in August. The commissioners were in agreement. Stanley Dick made a motion to advertise for bids for a used 4X4 pickup with 75,000 miles or less, seconded by Austin Lafrenz, motion carried. Greg Goodman made a motion to approve a Gam- ing Site Permit for Langdon Coun- try Club, seconded by Austin Lafrenz, motion carried. Austin Lafrenz made a motion to approve the 3-year generator maintenance contract with Cummins, seconded by Stanley Dick, motion carried. Leon Hiltner, VSO, met with the commissioners and informed them that he would be resigning at the end of 2020. Hiltner stated he would train the new VSO, if need- ed. It was decided to put an ad to- gether for the position and review it at the next commission meeting. Vicki Kubat, Recorder, met with the commissioners and requested to purchase another desktop comput- er for her office with the Document Preservation Fund budget. The quote for the new computer was ap- proximately $1,256.00. Greg Good- man made a motion to approve the purchase, seconded by Austin Lafrenz. Kubat stated she would also be getting a quote for a laptop for her office. Greg Fetsch, Sheriff, met with the commissioners and re- quested a $2/hour increase for the Dispatchers and his Office Deputy for 2021. Fetsch stated they were re- ceiving far more calls than estimat- ed for Towner County. Overall call volume is down so far for the year due to COVID. There was discus- sion regarding increasing Towner County’s cost for admin from $15,000 to $20,000 to $25,000. Karen Kempert, EM/911 Coordinator, stated she felt the increase should start next pay period. The commis- sioners suggested reviewing how much the 911 Fund is generating from Towner County and decide how much of the Dispatch pay could be paid from that fund. Fetsch also informed the commis- sioners that he had hired Shane Gal- lagher as Chief Deputy Sheriff. Gal- lagher would be starting in a couple weeks. Greg Goodman suggested getting the Dispatchers set up with a user name and password for Ra- zor Tracking so they can see where the motor graders and snowplows are in the case of an emergency. Fetsch was in agreement. Steph Welsh, Public Health Nurse, met with the commissioners to discuss the pay for her Administrative As- sistant that was hired a year ago. Welsh stated the salary was reduced 15% compared to the former em- ployee in the position, and pointed out the wide array of job duties the position is responsible for. Austin Lafrenz made a motion to increase the salary back to what it was at for the prior employee on July 1, 2020, seconded by Stanley Dick. A roll call vote was taken with all mem- bers present voting “yes”. David Zeis was not in attendance to vote. The commissioners continued to re- view various items related to COV- ID-19. It was decided to reach out to the Census Bureau and suggest having their employee training in the basement of the Library. Austin Lafrenz stated he would contact them. Workplace assessments were reviewed. Hand sanitizer for the dispensers at each entry was still unavailable and the acrylic barriers were not scheduled to ship until June 22nd. Maximum capacity for the meeting rooms was discussed. It was decided to post maximum ca- pacity of 20 people for the north meeting room and two people in the audience in the commission room. Lisa Gellner, Auditor, stated she would check with Anita Beau- champ, Clerk of Court, on the Law Library to see if the court system would allow it to be used for public meetings. Employee travel was dis- cussed by Steph Welsh, Public Health. It was decided the county employees would not need to wear a mask for two weeks following do- mestic travel, but they would be en- couraged to self-monitor for two weeks and told not to come to work if they are sick. Employees would be required to quarantine for two weeks after international travel (Canada included). It was decided to wait to re-open the county offices until the acrylic barriers arrive. Anitha Chirumamilla, NDSU Ex- tension, met with the commission- ers and requested that her Adminis- trative Assistant’s temporary pay be extended through May of 2021. The commissioners asked Chiruma- milla to put the request in her bud- get and they would make the deci- sion when budgets are reviewed. Stanley Dick made a motion, sec- onded by Austin Lafrenz to review and approve the following audit of claims; motion carried: STANLEY DICK, COMMISSION- ERS _____________________ 116.71 GABE JOHNSTON, SHERIFF ____ _________________________ 245.00 PREMIUM WATERS, INC., CLERK __________________________ 21.49 WEST PAYMENT CENTER, CLERK __________________ 240.60 ES&S, LLC, ELECTIONS___ 123.31 ES&S, LLC, ELECTIONS_____ 9.50 SPORTYS, ELECTIONS_____ 37.00 DACOTAH PAPER CO., GENER- AL ______________________ 301.54 SHARON LIVINGOOD, GENER- AL ______________________ 479.58 HANSEL PLUMBING & HEAT- ING, LLC, GENERAL/SHERIFF __ _________________________ 673.00 SANFORD HEALTH OCCUPA- TIONAL MEDICINE CLINIC, GENERAL _______________ 129.00 PREMIUM WATERS, INC., GEN- ERAL ____________________ 61.49 QUADIENT LEASING USA INC, GENERAL _______________ 891.24 COMPUTER EXPRESS, GENER- AL/EMG MGR/RECORDER ____ ________________________ 1,815.00 OTTER TAIL POWER CO, GENERAL/R&B ________ 1,991.19 INFORMATION TECHNOLOGY DEPT., GENERAL _______4,461.82 UNITED COMMUNICATIONS, GENERAL ______________1,354.72 LANGDON CITY, GENERAL/ R&B ____________________ 347.66 COUNTRY MEDIA, INC., COM- MISH/AUDITOR/ELECTIONS __ ________________________ 1,360.16 MUNICH ELEVATOR & OIL CO., SHERIFF/R&B __________ 1,444.31 JOSH PLUMMER, SHERIFF______ _________________________ 310.00 UNIFORM CENTER, SHERIFF ___ _________________________ 180.00 SAMSON ELECTRIC LTD., SHER- IFF ______________________ 130.00 ROOSEVELT INN & SUITES, SHERIFF ________________ 432.00 GREGORY FETSCH, SHERIFF ___ __________________________ 31.50 BUSINESS ESSENTIALS, SHERIFF __________________________ 38.47 KJS COMPUTER SERVICES, SHER- IFF ______________________ 747.82 BUSINESS ESSENTIALS, SHERIFF _________________________ 105.67 MID-CONTINENT CABLE CO., SHERIFF _________________ 99.57 PREMIUM WATERS, INC., DIS- PATCHERS _______________ 43.49 PHIL WOLD, ROAD & BRIDGE __ __________________________ 40.25 ERLING'S OIL, INC., ROAD & BRIDGE ________________ 1,403.89 SHAWN HALL, FARM - MARKET __________________________ 53.02 KEVLOTT TESTING SERVICES, F-M/WEED ______________ 850.00 RICHARD'S WELDING, INC., ROAD & BRIDGE ________ 908.00 CAVALIER RURAL ELECTRIC CO- OP., ROAD & BRIDGE _____ 86.73 BUTLER MACHINERY CO., ROAD & BRIDGE ______________ 1,960.62 WITZEL CONSTRUCTION LLC, F- M/R&B _______________ 29,360.50 CLOSE CONSTRUCTION, ROAD & BRIDGE _______________ 225.00 DAHL TRUCK & AUTO, ROAD & BRIDGE __________________ 76.58 FARMERS UNION OIL CO, GENERAL/F-M/R&B____ 2,189.42 ELECTRIC COMMUNICATIONS INC, EMG MNGR _______ 1,995.00 UNITED COMMUNICATIONS, EMG MNGR ______________ 36.52 VERIZON WIRELESS, EMG MNGR ___________________ 49.24 UNITED COMMUNICATIONS, E-911 EXCISE TAX ________ 200.71 NDTC, E-911 EXCISE TAX _ 128.03 WARNE CHEMICAL & EQUIP- MENT CO., WEED CONTROL ___ _________________________ 715.00 SAMSON ELECTRIC LTD., WEED CONTROL_______________ 730.16 COUNTRY MEDIA, INC., WEED CONTROL_______________ 140.75 WARNE CHECMICAL & EQUIP- MENT CO, WEED CONTROL____ _________________________ 120.50 NDSU PESTICIDE PROGRAM - DEPT 7060, WEED CONTROL ___ _________________________ 140.00 JOSH SHORT, WEED CONTROL _ __________________________ 91.55 FORESTRY SUPPLIERS, WEED CONTROL_______________ 261.01 ANITHA CHIRUMAMILLA, NDSU EXT. ______________ 239.20 TOWNER COUNTY EXTENSION, NDSU EXT. _____________1,150.00 XEROX CORPORATION, NDSU EXT. ____________________ 208.62 ANITHA CHIRUMAMILLA, NDSU EXT. _______________ 40.00 JANE HAYEN, NDSU EXT. _ 20.32 UNITED COMMUNICATIONS, NDSU EXT. _______________ 51.84 VICTOR HECK, VSO_______ 10.00 CAVALIER COUNTY TREASUR- ER, SOCIAL SERVICES _____ 33.00 OTTER TAIL POWER CO, SOCIAL SERVICES _______________ 164.46 UNITED COMMUNICATIONS, SOCIAL SERVICES _______ 588.03 LANGDON CITY, SOCIAL SER- VICES ___________________ 107.86 READY TALK, SOCIAL SERVICES _________________________ 129.31 U.S. POSTAL SERVICE, SOCIAL SERVICES _______________ 150.00 LEEVERS FOODS, SOCIAL SER- VICES ____________________ 35.76 BUSINESS ESSENTIALS, HUMAN SERV. ZONE _____________ 183.90 ASKEW FUNERAL HOMES, HU- MAN SERV. ZONE ______2,000.00 SUSAN K. (FETSCH) CROCKETT, HUMAN SERV. ZONE _____ 50.89 LINDA GEISEN, HUMAN SERV. ZONE ____________________ 50.89 NDEWA, HUMAN SERV. ZONE _ _________________________ 315.00 LITTLE KEEPERS, HUMAN SERV. ZONE __________________ 4,029.55 ACCUSOURCE, HUMAN SERV. ZONE ____________________ 56.29 SERI GERSZEWSKI, HUMAN SERV. ZONE _____________ 164.02 KEVLOTT TESTING SERVICES, HUMAN SERV. ZONE _____ 90.00 INFORMATION TECHNOLOGY DEPT., HUMAN SERV. ZONE ____ _________________________ 308.72 ANNIE BENNETT, HUMAN SERV. ZONE ____________________ 59.43 S&A, INC., HUMAN SERV. ZONE _________________________ 160.00 TERRY'S TRUE VALUE, HUMAN SERV. ZONE _______________ 7.96 VISA, HUMAN SERV. ZONE ____ __________________________ 15.00 VERIZON WIRELESS, HUMAN SERV. ZONE _____________ 271.60 QUILL CORP, HUMAN SERV. ZONE ___________________ 298.64 CONNIE KASTE, HUMAN SERV. ZONE ____________________ 77.00 JAYNE BROWN, HUMAN SERV. ZONE ____________________ 56.63 DIANA LAXDAL, HUMAN SERV. ZONE ____________________ 51.55 TAMMY MCMILLAN, HUMAN SERV. ZONE ______________ 60.38 VISA, HUMAN SERV. ZONE ____ __________________________ 28.20 At 11:55 a.m., Greg Goodman made a motion to adjourn the meet- ing, seconded by Stanley Dick; mo- tion carried. Board of Commissioners Cavalier County, North Dakota Nick Moser – Chairman Austin Lafrenz – Vice Chairman Greg Goodman Stanley Dick David Zeis Attest: Lisa Gellner - Auditor Jy13 _______________________________ Cavalier County Commission Proceedings
