November 04. 2009 6:00AM
Name Change
STATE OF SOUTH DAKOTA )
:SS
COUNTY OF MINNEHAHA )
IN CIRCUIT COURT
SECOND JUDICIAL CIRCUIT
CIV. 09-4274
ORDER FOR AND
NOTICE OF HEARING
IN THE MATTER OF THE PETITION
FOR CHANGE OF NAME OF
GUOT MAYIIK,
A Minor Child.
Notice is hereby given that Mabeny Mayiik Guot and Angong Youad, on behalf of the minor child, Guot Mayiik, have filed a Petition for Change of Name with the above-entitled Court. A hearing on said Petition is scheduled for 1:30 o’clock p.m. on the 16th day of November 2009, before the Honorable Kathleen K Caldwell, in Courtroom 6D at the Minnehaha County Courthouse, Sioux Falls, South Dakota, at which time any interested party may appear and object. The Petition is on file with the Clerk of Courts for Minnehaha County and is hereby referred to for further particulars. Petitioner desires to change the name of minor child from Guot Mayiik to Guoz Mabeny Guot.
Dated this 30th day of September 2009.
BY THE COURT
PATRICIA C. RIEPEL
Circuit Court Judge
ATTEST:
Charles M. Fechner, Clerk
By GLENDA HAMMOND
Deputy
T-10/14-11/4 Guot Ad#1235587
Dell Rapids School District
NOTICE OF SCHOOL DISTRICT BOND ELECTION
DELL RAPIDS SCHOOL DISTRICT NO. 49-3
A School District Bond Election will be held on November 16, 2009 in all the voting precincts in Dell Rapids School District No. 49-3, Dell Rapids, South Dakota. If the polls cannot be opened because of bad weather, the election may be postponed one week.
The election polls will be open from seven a.m. to seven p.m. central time on the day of the election.
At the election, the following questions will be voted upon:
Shall the Dell Rapids School District, Minnehaha and Moody Counties, South Dakota, issue its negotiable general obligation school bonds in an amount not exceeding $10,990,000 bearing interest at such rates as may be determined by the school board, issuable in one or more series and which may be designated as Build America Bonds or Qualified School Construction Bonds, payable and maturing from 1 and not to exceed 25 years after the date of issuance, for the purpose of financing the construction of an elementary school and furnishing and equipping the same?
Shall the above proposition be approved and the bonds issued?
The polling place in each precinct of this district is as follows:
Elementary School Gymnasium
511 E. 7th St.
Dell Rapids, South Dakota
Voters with disabilities may contact the business manager for information and special assistance in absentee voting or polling place accessibility.
Business Manager
Dell Rapids School District 49-3,
Minnehaha and Moody Counties,
South Dakota
Published twice at the total approximate cost of $42.88.
T-11/4,11 NotElect Ad#1234194
Dell Rapids School District
School Board Proceedings
The Dell Rapids School District Board of Education met Monday, October 26, 2009 at 5:00 p.m. in the high school distance learning room with the following members present: Alan Blankenfeld, Troy Randall, and Brian Davis (by speaker phone). Cindy Schuch joined the meeting at 5:06 p.m. Absent: Steve Munk.
Administration and other persons present: Tom Ludens, Superintendent; Barbara Littel, Business Manager; Fran Ruesink, Middle School Principal; Dr. John Jewett, Elementary Principal/Technology Director; Steve Helgeland, SPED Director; Alan Van Ormer; Marcy Anderson.
President Blankenfeld called the meeting to order at 5:02 p.m. and the Pledge of Allegiance was recited.
10-139 Motion by Randall, seconded by Davis, to approve the agenda as published. All voted aye.
Superintendent Ludens presented a calendar of events and commended the following students:
High School Student of the Month for September – Jadin Wendland;
All-State Chorus – Shelby Bierema, Julie Eddy, Danielle Schuch, Ken Grovenburg, Anthony Cameron, Karina Mohror, Tim Domel, and Sam Hinricher.
State Cross Country – Connor O’Hara (7th place individual finish), Brittney Schlaikjer, Morgan Van Dam, and Chandler Derschan.
State Golf (7th place team finish) – Michael Schmidt (3rd place individual finish), Colin Karst, Ben Kahler, Jager Rus, and Ted LaCoursiere.
Middle School Students of the Month for October – Beth Bruggeman, Shelby Redetzke, Zachary Steltzer, Sam White, Mariah Warne, Devon Weber, Alexis Damm, and Alexis Merrill.
Cindy Schuch joined the meeting.
10-140 Motion by Schuch, seconded by Randall, to approve the consent agenda. All voted aye.
A. September 2009 Financial Report.
(See Financial Report)
B. Contract Approval – none.
C. Authorizations and ratifications – open enrollment application #10-24.
Fran Ruesink reported on Red Ribbon Week (Drug and Alcohol Awareness) activities. The middle school is hosting a quiz bowl for approximately 24 teams from eleven schools. First quarter report cards were distributed, with parents notified by SchoolReach to expect the reports.
Dr. Jewett reported that 3rd and 4th grade report cards were modified to include the 6 traits of writing. He distributed a report from 1981-1982 detailing the needs that were addressed in the last elementary school building project and a report identifying the current problems that will be solved with the construction of a new elementary school.
Steve Helgeland reported on state SPED surveys, Dakota STEP alternate test training, the pre-school SPED evaluation program, and the annual agreement with St. Mary’s for provision of equitable SPED services.
Superintendent Ludens reported on CTE Academy course offerings for next year and gave an update on how information is being disseminated on the school bond election.
There were no committee reports.
Brian Davis expressed his appreciation to the board and district employees for the flowers, plants, cards, food, and visits following his accident.
Blankenfeld declared the meeting adjourned at 5:59 p.m.
Alan Blankenfeld, President
Barbara Littel, Business Manager
(unofficial until approved by the Board of Education)
Published once at an approximate cost of $42.94.
T-11/4 Min 10/26 Ad#1239441
Dell Rapids
NOTICE OF PUBLIC HEARING ON APPLICATION
FOR SALE OF ALCOHOLIC BEVERAGES FOR 2010 LICENSING PERIOD
NOTICE IS HEREBY GIVEN THAT the City Council of the City of Dell Rapids, South Dakota on the 16th day of November, 2009, at 7:30 p.m. in the Council Chambers of City Hall will meet in regular session to consider the following renewal applications for alcoholic beverage licenses to operate within the City of Dell Rapids for the 2010 licensing period.
Brenda’s Pastry, Inc. d/b/a The Old Dutch Inn
405 South Garfield Avenue, Dell Rapids, SD 57022 for an
On-Sale Retail Liquor License with Sunday Sales Option;
NOTICE IS FURTHER GIVEN THAT any person or their attorney may appear at said scheduled public hearing and present objections to any or all of the above applicants, if any there be.
Dated this 27th day of October, 2009.
LeAnn Kerzman
Finance Officer
Published once at an approximate cost of $21.92.
T-11/4 NOPH Ad#1239444
Aldrich Estate
STATE OF SOUTH DAKOTA)
:SS
COUNTY OF MINNEHAHA)
IN CIRCUIT COURT
SECOND JUDICIAL CIRCUIT
Pro. 09-213
NOTICE TO CREDITORS
In the Matter of the Estate of
MARTHA F. ALDRICH, also
known as MARTHA ALDRICH,
Deceased.
Notice is hereby given that on the 28th day of October, 2009, Donald Aldrich, whose post office address is 47515 255th Street, Renner, South Dakota, 57055 and Cheryl Krier, whose post office address is 4600 S. Yellowstone Lane, Sioux Falls, South Dakota, 57105, were appointed as Personal Representatives of the Estate of Martha F. Aldrich, also known as Martha Aldrich, deceased.
Creditors of said decedent must present their claims within four months after the date of the first publication of this notice or their claims may be barred.
Claims may be delivered to or mailed to the Personal Representatives or may be filed with the Clerk of the above named Circuit Court, and a copy of the claim mailed or delivered to the Personal Representatives.
Dated this 28th day of October, 2009.
Donald Aldrich - Personal Representative
47515 255th Street
Renner, South Dakota 57055
Cheryl Krier - Personal Representative
4600 S. Yellowstone Lane
Sioux Falls, South Dakota 57105
CHARLES M. FECHNER
Clerk of Circuit Court
Minnehaha County Courthouse
425 N. Dakota Avenue
Sioux Falls, South Dakota 57104
(605) 367-5900
Vogt, Brown, Merry & Hammer
P. O. Box 100
Dell Rapids, South Dakota 57022-0100
(605) 428-5444
Attorneys for Personal Representatives
T-11/4,11,18 Aldrich Ad#1239865
Minnehaha
THE MINNEHAHA COUNTY COMMISSION CONVENED AT 9:00 A.M., October 27, 2009, pursuant to adjournment on October 20, 2009. Commissioners present were: Pekas, Hajek, Barth, Kelly, and Twedt. Also present were Sandy Kinder, Deputy Auditor, and Gordy Swanson, Chief Civil Deputy State's Attorney.
Chairman Pekas called the meeting to order and announced that the hearing to consider the Vern McAreavey drainage permit application, in Clear Lake Township, is deferred until November 3, 2009.
AGENDA
MOTION by Barth, seconded by Twedt to approve the Agenda. 5 ayes.
MINUTES
MOTION by Kelly, seconded by Hajek to approve the Minutes for October 19 & 20, 2009. 5 ayes.
VOUCHERS TO BE PAID
MOTION by Twedt, seconded by Hajek to approve the following bills totaling $455,000.28 for payment and October salaries. 5 ayes.
A & B Business Equip, Var. Depts, 532.26; ABN Army Surplus, Sheriff, 883.05; Advance Auto Parts, Sheriff, 17.09; American Polygraph A, Sheriff, 150.00; American Red Cross-B, Em Mgmt, 45.00; Anderson, Scott A., Planning, 1,820.75; Anesthesiology Assoc, Var. Depts, 312.00; Argus Leader, Var. Depts, 8,298.83; Automatic Building C, Jail, 90.00; Avera McKennan Hosp, Jail, 126.75; Avera McKennan Hospi, Var. Depts, 32,576.92; Avera Women's Specia, Human Svcs, 3,334.46; Awate, Elashe, Public Def, 300.00; Awka, Tomas, Public Def, 780.13; Billion's, Var. Depts, 1,958.90; Borgum, Diana, Mus Ops, 200.00; Bosch, Curt, Human Svcs, 475.00; Brecher, Grant, Human Svcs, 200.00; Brennan Hill Townhou, Human Svcs, 500.00; Brentwood Apts/Domin, Human Svcs, 1,200.00; Brevik Law Office Pr, Mental Ill, 362.60; Brown & Saenger, Var. Depts, 40.30; Buffington, Michael, Courts, 3,058.02; Bureau of Informatio, Var. Depts, 515.24; Burnette, Sara L, Courts, 4,264.00; Campbell Supply Co I, Var. Depts, 1,022.85; Carlson, Lisa, Courts, 37.40; Carroll Institute, Courts, 112.00; Cartridge World, Info Tech, 1,648.37; Catco, Hwy Constr, 37.84; CBM Food Service, Jail, 11,931.52; Center for Family Me, Var. Depts, 1,325.24; Century Business Pro, Var. Depts, 149.75; Chemco, Inc., Jail, 1,596.63; Children's Inn, Dom Abuse, 22,895.00; Cinrod Property Mana, Human Svcs, 300.00; City Glass & Glazing, Facilities, 329.30; City of Dell Rapids, Human Svcs, 80.24; Cleveland Heights Ap, Human Svcs, 400.00; Cliff Avenue Auto Pa, Hwy Constr, 23.38; Communication Svcs F, Var. Depts, 600.75; Conexis Benefit Admi, Human Svcs, 341.73; Connecting Point, Info Tech, 147.00; Cooey, Carla F, Courts, 106.40; Country Meadows Apts, Human Svcs, 205.49; Country View MHC, Human Svcs, 295.00; Culligan Water Condi, Info Tech, 36.55; Dakota Auto Parts, Facilities, 130.32; Dakota Fluid Power, Hwy Constr, 168.55; Dakota Security Syst, JDC, 147.96; Dakota Traffic Svcs, Hwy Constr, 500.00; Dakotabilities, Dakotabili, 3,103.50; Danko Emergency Equi, Em Mgmt, 372.00; David Buus/Daves Sma, Hwy Constr, 168.10; deCastro Law Office, Courts, 328.00; Decisionone Corporat, Info Tech, 395.47; Dell Rapids Chevrole, Sheriff, 29.16; Devaney, Tom, Hwy Constr, 159.99; Devlin, Tim, Jail, 104.95; Dhecjal, Achor, Courts, 133.32; Diesel Machinery, In, Hwy Constr, 1,496.01; Eastern Farmers Coop, Hwy Constr, 7.50; Eide Bailly LLP, Human Svcs, 227.50; Emdeon Business Serv, Human Svcs, 39.95; Exide Technologies, Hwy Constr, 226.53; Fastenal Company, Var. Depts, 89.54; Finnegan, Daniel, Hwy Constr, 86.97; First Administrators, Human Svcs, 158.93; G & R Controls Inc, Facilities, 2,516.89; Gillund Enterprises, Hwy Constr, 168.96; Glory House, Glory Hous, 1,350.00; Goebel Printing, Inc, Human Svcs, 97.20; Graff Enterprises, I, Jail, 85.00; Graham Tire Co. - No, Parks, 27.30; Grainger, Inc., Var. Depts, 932.32; Graybar Electric Com, Facilities, 12.90; Great Plains Int'l T, Hwy Constr, 1,326.60; Gunner, Andrea, Courts, 287.20; Guzman, Sandra V., Var. Depts, 658.33; Hanson Logowear, JDC, 719.64; Harris, Jon, Sheriff, 157.00; Hartford's Best Pain, Sheriff, 68.60; Heritage Place Apts, Human Svcs, 225.00; Hillyard, Inc., Facilities, 296.64; Hohn, Rodney L, Hwy Constr, 205.07; Holiday Mobile Home, Human Svcs, 260.00; Home Federal Savings, Human Svcs, 564.53; Horn, Garrett, Mental Ill, 237.80; Howalt-McDowell Insu, Public Def, 50.00; Husman, Larry/Vicki, Human Svcs, 400.00; Hy-Vee & Affiliates, Human Svcs, 658.58; Hy-Vee Accounts Rece, Var. Depts, 2,457.83; Innovation Property, Human Svcs, 500.00; Interstate Office Pr, Var. Depts, 1,575.50; J & S Hospitality DB, EFSP Fund, 159.00; Jaqua, Curtis Wayne, Human Svcs, 395.00; JC Self Storage, Human Svcs, 400.00; JCL Solutions-Janito, Jail, 587.76; Jefferson Partners L, Var. Depts, 1,471.50; Johnson, Miner,Marlow, Mental Ill, 157.21; Johnstone Supply, Facilities, 6.95; Kabeiseman & Pollard, Mental Ill, 190.50; Kennedy, Pier & Knof, Mental Ill, 285.80; Kennedy, Renee S, Courts, 36.80; Kleen Solutions, Inc, Jail, 133.90; Kmart, Human Svcs, 218.86; Kone, Inc., Facilities, 312.05; Kreisers, Inc., Var. Depts, 988.84; Kunkel, Parker J, Human Svcs, 475.00; Lassegaard, Samuel C, Human Svcs, 375.00; Last Stop CD Shop, Sheriff, 150.00; Lawson Products, Inc, Hwy Constr, 43.84; Leaf Inc., Var. Depts, 189.77; Lewis & Clark BHS, Mental Ill, 1,988.00; Lewis Drug Stores, Jail, 19,044.81; Lexis-Nexis / Reed E, Sheriff, 126.00; Lichty, Jessica, St Atty, 374.00; Lutheran Social Serv, Var. Depts, 3,675.00; Mac's, Inc., Facilities, 14.00; Mailway Printers, Mus Ops, 437.00; Mannie, Corey, Human Svcs, 400.00; Marco NW7128, Extension, 158.00; Mathison Company, Public Def, 73.19; Maximum Promotions, Facilities, 157.00; McLaughlin, David, Human Svcs, 65.00; Medical Waste Transp, Jail, 438.57; Medical X-Ray Center, Jail, 504.74; Menards - East, Var. Depts, 80.40; Metro Communications, Public Def, 270.00; Midamerican Energy C, Human Svcs, 265.96; Midcontinent Communi, Var. Depts, 290.97; Midwest Alarm Compan, Em Mgmt, 2,789.00; Midwest Residential, Human Svcs, 500.00; Minnehaha Cnty Priso, Jail, 50.00; Minnehaha Cnty Pub D, Public Def, 71.48; Minnesota Fruit & Ve, Extension, 25.00; Monick Pipe & Supply, Facilities, 49.76; Moore, Rasmussen, Ka, Courts, 1,020.60; Murray Const, Human Svcs, 1,767.33; Myers & Billion LLP, Courts, 1,741.33; Myrl & Roy's Paving, Hwy Constr, 176,678.15; NEAFCS-SD, / Treasu, Extension, 115.00; Nebraska Transport C, Human Svcs, 167.69; Newman, Scott G, Human Svcs, 400.00; Novak Sanitary Servi, Human Svcs, 50.00; Nowak, Kris G, Human Svcs, 400.00; Oballa, Ojulu A, Courts, 50.00; Odea, Steven C, EFSP Fund, 410.00; Olson's Pest Technic, Jail, 57.75; Omnitech Inc, Treasurer, 2,812.50; Ophthalmology Ltd, Jail, 130.46; Orthopedic Institute, Human Svcs, 660.77; Osborn, Roxane R, Courts, 696.00; Palmer, Barbara, Mental Ill, 3,465.00; PDSI, Var. Depts, 8,987.00; Pennington County Ja, Jail, 5,794.55; Petco Animal Supplie, Sheriff, 95.98; Pfeifer Implement Co, Hwy Constr, 74.78; Pheasantland Industr, Jail, 371.95; Preferred Management, Human Svcs, 412.00; Presto-X-Company, Var. Depts, 240.00; Provo, Tom, Human Svcs, 500.00; Quality Efficiencies, Human Svcs, 110.00; Quill Corp., Public Def, 744.66; Qwest, Jail, 47.01; Redwood Biotech, Jail, 387.50; Retail Data Systems, Treasurer, 160.00; Risty, Julie, Reg Deeds, 165.76; Roelofs, Leigh, Human Svcs, 395.00; RSVP, Mus Entpr, 575.00; Rural Metro Ambulanc, Jail, 437.26; Sanford Health Plan-, Human Svcs, 671.08; Sanford Hospital, Human Svcs, 1,255.31; Schonewill, Nathan/V, Mus Entpr, 150.00; SD Dept of Labor, Insurance, 3,300.58; SD Dept of Public Sa, Human Svcs, 90.00; SD Dept of Revenue, Var. Depts, 26.00; SD Federal Property, Extension, 82.00; SD Risk Pool, Human Svcs, 547.34; SDCAA/SD County Ag A, Extension, 180.00; Sheehan Mack Sales &, Hwy Constr, 261.20; Shi, International C, Info Tech, 1,554.60; Sioux Empire FCU/260, Em Mgmt, 3,060.84; Sioux Falls Chamber, Mus Ops, 436.85; Sioux Falls Transit/, Human Svcs, 75.00; Sioux Falls Two Way, Sheriff, 1,061.77; Sioux Falls Utilitie, Var. Depts, 4,417.38; Sioux Valley Energy, Var. Depts, 483.49; Solomon, Ghirmay, Courts, 354.16; Stellar/VIP Limousin, Var. Depts, 345.00; Sturdevant's Auto Pa, Hwy Constr, 136.97; Sunshine Foods, Human Svcs, 126.88; Surgical Institute o, Jail, 477.47; Teslow Twin Apartmen, Human Svcs, 430.00; Thorin, Deyanira T, Courts, 484.16; Thurman, Creighton A, Mental Ill, 179.86; Tires,Tires,Tires In, Var. Depts, 1,520.55; TWL Supplies Inc, Jail, 199.84; UMR-COBRA, Human Svcs, 429.53; Unitech, Inc/United, Var. Depts, 94.58; Urology Institute, P, Jail, 385.71; Velvet Uniforms, Inc, Var. Depts, 1,796.54; Voigt, Debra, Courts, 820.00; West Group, Jail, 755.23; Westergard, Rod, Hwy Admin, 291.41; Wheelco Brake & Supp, Hwy Constr, 18.58; Whitcomb, Mike DBA, Human Svcs, 400.00; Wood, Jan, Human Svcs, 720.00; Xcel Energy, Inc., Var. Depts, 47,377.36; Yankton Medical Clin, Human Svcs, 1,550.78; Zep Manufacturing Co, Hwy Admin, 328.66; Commission, Salaries, 23,063.87; Auditor, Salaries, 35,223.76; Treasurer, Salaries, 58,311.80; IT, Salaries, 55,625.13; States Atty, Salaries, 156,139.75; Public Defender, Salaries, 114,917.73; Public Advocate, Salaries, 27,625.25; Facilities, Salaries, 67,517.70; Equalization, Salaries, 69,116.07; Reg of Deeds, Salaries, 36,006.80; Human Resources, Salaries, 14,661.37; Sheriff, Salaries, 798,845.34; Juvenile Detn Ctr, Salaries, 162,749.90; Highway, Salaries, 109,150.65; Human Services, Salaries, 77,931.51; Museum, Salaries, 60,488.00; Planning, Salaries, 39,050.12; Extension, Salaries, 7,883.50
PERSONNEL
MOTION by Hajek, seconded by Barth to approve the following personnel changes. 5 ayes.
1. To hire Damon Griffith as Deputy Sheriff (16/B) for the Sheriff's Office at $19.5551/ hour effective 10-31-09.
2. To increase the hourly wage of Cornelius Bakker, part-time Custodial Worker for the Museum to $11.5000/hour effective 10-27-09.
3. To increase the hourly wage of Benjamin Devlin, part-time Museum Aide for the Museum to $9.0000/hour effective 10-27-09.
Step Increases Due:
1. Michael Tuschen - Highway Maintenance Worker - Highway - 12/J to 12/K, 11-1-09, $20.0440/hour
2. Rebecca Carpenter - Legal Office Assistant - State's Attorney's Office - 10/D to 10/E, 10-25-09, $15.6584/hour
PUBLIC COMMENT
Ron Klingenberg, county resident, commented on a recent action approving the purchase of weed control chemicals. He voiced concerns on chemicals in the ditches spreading to hay then to animals and eventually to crops/gardens through fertilization. He presented various documents detailing the use and safety precautions of various weed control chemicals. He asked that the Commission further research the issue and possibly notify the public of their use and hazards. Mr. Klingenberg responded to a question from Commissioner Barth on what alternative products are available. Mr. Klingenberg stated that he uses 2-4-D and ForeFront herbicide on his personal property. Ralph Hammer, Weed Supervisor, responded and explained that products are selected based on a study by SD State University and mowing restriction. Mr. Hammer and the Weed and Pest Board were asked to research this issue and give an update to the Commission at a later time.
BRIEFING
Janet Kittems-Lalley with the Compass Center and Amy Carter with Children's Inn presented a statistical report on domestic violence reports collected by the Minnehaha County Sheriff's Department, Sioux Falls Police, the Compass Center, and Children's Inn.
BID AWARD
Sally Felix, Siouxland Libraries Director, reported that bids for the Crooks Branch Library renovation were opened on 10/21/09 at 2:00 p.m. The following bids were received: Beck & Hofer Construction, Inc. $102,876, BHI $128,700, Com-Res Inc. $104,635, Crown, Inc. $110,999, Eagle Design Build $124,425, Fiegen Construction $130,000, GA Johnson Construction $116,900, Golden Rule Construction $99,980, Husman Construction $107,600, Lloyd Construction $104,900, Peska Construction $98,500, Ron Anderson Construction $109,200, and Sunkota Construction $136,999. She reported that all the bids came in below the architect estimate and have been reviewed by Miller Sellers Heroux Architects and they recommend award to the low bidder, Peska Construction. MOTION by Twedt, seconded by Barth to award Bid 11-09, Crooks Branch Library renovation, to Peska Construction in the amount of $98,500. 5 ayes.
MUSEUM
At the request of Bill Hoskins, Museum Director, MOTION by Kelly, seconded by Barth to authorize the Museum to hold 3 cash drawers in the amount of $150 each, for a total of $450, and to hold $1,000 in the checking account for credit card sales. 5 ayes. (Any amount over $1,000 will be deposited into the Museum Store Trust Fund.)
NUISANCE
On 9/15/09, the Commission entered into an agreement with Henry Dansman, county resident, allowing him until 10/25/09 to abate a public nuisance on his property, legally described as the W1/2 SW1/4 (Ex Trs 1 & 2 & Ex H-1, H-2, H-3) Section 29-T102N-R51W and the S1/2 SE1/4 Section 30-T102N-R51W, as a public nuisance. The property is located at 46106 261st Street, Hartford. Ryan Streff, Planner, reported that Planning and State's Attorney staff have been working with the owner on cleanup as detailed in the agreement. Much progress has been made and a list of remaining tasks compiled. Mr. Dansman's attorney, Cynthia Ahrendt, requested a deadline extension of 11 days because rain on several of the work days has slowed down the cleanup process. Mr. Streff reported that staff recommends a 22 day extension to ensure enough time is given to clean up the property without further delay. Commissioner Kelly asked the status of an additional lot owned by Mr. Dansman across the road. Ms. Ahrendt reported that some of the items were moved from the primary parcel to this location and can be cleaned up if necessary. MOTION by Kelly, seconded by Barth to extend the deadline to abate the Dansman public nuisance to 11/16/09 and authorize the Chairman to sign the extension. 5 ayes.
EM MGMT
MOTION by Hajek, seconded by Twedt to approve the following supplements from the Emergency Management Fund to the Emergency Management Budget: $3,917.23 (ASN 16927) 07 Citizen Corp Grant; $100,718.02 (ASN 16923) 08 Citizen Corp Grant and 08 Homeland Security Region 8 Grant; $73,589.72 (ASN 16992) 07 PSIC Grant; and $2,500 (ASN 16959) LifeLight support of Police Reserves. 5 ayes.
Lynn DeYoung, Emergency Management Director, requested approval of an agreement between Minnehaha and Lincoln County Emergency Management to develop a Pre-Disaster Mitigation Plan. The plan will identify potential threats to the community. South Eastern Council of Governments will provide professional services for the completion of the Plan which will be paid for through a FEMA Grant in the amount of $30,000 plus a $10,000 soft/cash match from the counties. MOTION by Hajek, seconded by Barth to approve the agreement. 5 ayes.
AGREEMENT
Sheriff Mike Milstead presented an agreement with the SD Public Assurance Alliance which offers a 5% police professional liability loss control credit, starting in 2010, for members who agree to adopt 12 law enforcement related policies. Sheriff Milstead reported that the policies are currently being reviewed and will be submitted for final approval before the 3/30/10 deadline. Sue Roust, Auditor, reported that the savings will be $5,000. MOTION by Hajek, seconded by Twedt to authorize the Chairman to sign the Law Enforcement Policies and Procedures Agreement with the SD Public Assurance Alliance. 5 ayes.
EQUALIZATION
On 10/20/09, Eli Whitney, Director of Equalization, briefed the Commission on a change in the method for assessing Ag land in the state from a market value approach to an agricultural income value (productivity method). The intent of the change is to provide the "true farmer" relief from the market based system. State law sets a minimum of 20 acres to receive the Ag classification, along with other conditions, and allows county commissions to increase the minimum acreage requirement up to 160 acres. Mr. Whitney believed an increase to a 40 acre minimum was more appropriate for Minnehaha County. Commissioner Hajek supported increasing the minimum size to 160 acres, noting that the true farmer is protected by the other requirements of the statute. Dick Kallemeyn, former Director of Equalization, supported the 40 acre minimum and explained how the minimum was set when legislation was first adopted. The intent was for Minnehaha County to start with the 20 acre minimum and raise it later. Commissioners were in consensus that full market value was most appropriate, but would work within the law. MOTION by Twedt, seconded by Barth to approve the recommended change in the minimum acreage size requirement from 20 to 40 acres for the Ag classification. 5 ayes.
NEW BUSINESS
Kari Benz, Assistant Human Services Director, briefed the Commission on a federal grant opportunity for the Project Safe Home Program through the SD Housing Development Authority on behalf of the Housing for the Homeless State Consortium. If funded, the Safe Home Program would be awarded $152,000 to be applied to building costs of a new structure. MOTION by Barth, seconded by Twedt to authorize the submission of an application for federal funding for Project Safe Home. 5 ayes.
MOTION by Hajek, seconded by Barth to adjourn until 9:00 a.m. on Tuesday, November 3, 2009. 5 ayes.
APPROVED BY THE
COMMISSION:
John Pekas, Chairman
ATTEST:
Sandy Kinder, Deputy Auditor
Published once at the total approximate cost of $158.42.
1240057-02 Nov. 4, 2009
Summons
STATE OF SOUTH DAKOTA)
:SS
COUNTY OF MINNEHAHA)
IN CIRCUIT COURT
SECOND JUDICIAL CIRCUIT
DIV. 09-
SUMMONS
HABIBA H. ALI,
Plaintiff,
v.
ISJANAK GIZAW BAROW,
Defendant.
TO THE ABOVE NAMED DEFENDANT:
YOU ARE HEREBY SUMMONED and required to serve upon Plaintiff’s attorney an Answer to the Complaint which is herewith served upon you within thirty (30) days after service of this Summons upon you, exclusive of the date of such service. If you fail to do so, Judgment to Default will be taken against you as requested in the Complaint for Divorce, after sixty (60) days have elapsed from the service of this Summons and Complaint upon you.
NOTICE:
South Dakota Law Provides that upon the filing of a Complaint for divorce or separate maintenance and upon personal service of the Complaint and Summons on the Defendant, a Temporary Restraining Order shall be in effect against both parties until the final Decree is entered, the Complaint is dismissed, or until further Order of the Court. Either party may apply to the Court for further temporary orders, modification or revocation of the Order.
TEMPORARY RESTRAINING ORDER
BY ORDER OF THE COURT, YOU AND YOUR SPOUSE ARE:
1. Restrained from transferring, encumbering, concealing or any way dissipating or disposing of any marital assets, without the written consent of the other party or an Order of the Court, except as may be necessary in the usual course of business or for the necessities of life. You are to notify the other party of any proposed extraordinary expenditures and to account to the Court for all extraordinary expenditures made after the Temporary Restraining Order is in effect;
2. Restrained from molesting or disturbing the peace of the other party; and
3. Restrained from removing any minor child of the parties from the state without the written consent of the other party or an Order of the Court.
STANDARD GUIDELINES AND CUSTODY OF MINOR CHILD(REN)
Pursuant to SDCL §25-4A-11, upon the filing of a summons and complaint for divorce or separate maintenance or any other custody action or proceeding, the plaintiff shall also file and serve upon the defendant a copy of the standard guidelines. The standard guidelines attached to the summons shall become an order of the court upon fulfillment of the requirements of service. Any minor child of the marriage shall remain in the custody of the parent who has been the primary caregiver for the minor child for the majority of the time in the twelve months preceding the filing of the summons and complaint, unless the parties agree otherwise. The standard guidelines shall apply and continue in effect, unless the parties agree, or the court orders otherwise. Imposition of the standard guidelines creates no presumption as to who shall be awarded custody at any hearing.
Dated this 27th day of October, 2009, at Sioux Falls, South Dakota.
ENGELS LAW OFFICE, P.C.
Attorney for Plaintiff
/s/ Richard A. Engels
RICHARD A. ENGELS
300 N. Dakota Avenue, Suite 215
Sioux Falls SD 57104
Phone (605) 271-3561
Fax (605) 271-3562
STATE OF SOUTH DAKOTA)
:SS
COUNTY OF MINNEHAHA)
IN CIRCUIT COURT
SECOND JUDICIAL CIRCUIT
DIV. 09-
ORDER GRANTING PERMISSION
FOR SERVICE OF NOTICE OF
SUMMONS BY PUBLICATION
HABIBA H. ALI,
Plaintiff,
v.
ISJANAK GIZAW BAROW,
Defendant.
This matter having come before the Court upon the motion of Plaintiff, Habiba H. Ali, by and through her attorney, Richard A. Engels, and the affidavit of Plaintiff, for permission to serve Defendant, Isjanak Gizaw Barow, with the Summons in this divorce action by publication; and the Court having read the motion and affidavit; and it appearing that a cause of action exists against Defendant upon whom such service is to be made and that said Defendant is the proper party to this action; and the Court finding that good cause exists for the granting of said motion; and in the interests of justice, it is hereby
ORDERED that Plaintiff is allowed to serve Defendant, Isjanak Gizaw Barow, with the Summons in this action by publication in the Dell Rapids Tribune, a legal newspaper circulated in the County of Minnehaha, State of South Dakota; and
IT IS FURTHER ORDERED that said Summons shall be published in the legal section of the Dell Rapids Tribune once each week for four successive weeks.
Dated this 28th day of October, 2009, at Sioux Falls, South Dakota.
BY THE COURT:
BRADLEY G. ZELL
Circuit Court Judge
ATTEST:
CHARLES M. FECHNER
Clerk of Courts
By: BRIANNA COCHRAN
Deputy
T-11/4-25 Summ Ad#1270173