November 18. 2009 6:00AM
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
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 Plaintiffs 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
Dells Area Health Center
NOTICE OF THE ANNUAL
MEETING OF THE MEMBERS OF THE DELLS AREA HEALTH CENTER
NOTICE IS HEREBY GIVEN that the annual meeting of the members of The Dells Area Health Center, Dell Rapids, Minnehaha County, South Dakota, will Be held in the Conference Room of the Dells Area Health Center Hospital, Dell Rapids, South Dakota on Monday, November 30th, 2009 at 7:00 P.M. of that day, at which meeting reports of business transacted by the Corporation during the past year will be submitted, two (2) Directors may be elected each for a term of (3) years, and such other business as may properly come before the meeting.
By Order of the Board of Directors of Dells Area Health Center.
Dated this 1st day of November, 2009.
Dells Area Health Center
By: ______________________
Tom Schwebach
Secretary/Treasurer
Board of Directors
Dells Area Health Center
Published twice at the total approximate cost of $29.95.
T-Nov 11, 25 NtcAnnMtg #1241240
Godsk Estate
STATE OF SOUTH DAKOTA)
:SS
COUNTY OF MINNEHAHA)
IN CIRCUIT COURT
SECOND JUDICIAL CIRCUIT
Pro. 09-224
NOTICE TO CREDITORS
In the Matter of the Estate of
JAMES GODSK,
Deceased.
Notice is hereby given that on the 4th day of November, 2009, Donald Godsk, whose address is 1113 N. Garfield Avenue, Dell Rapids, SD, 57022, was appointed as Personal Representative of the Estate of James Godsk, deceased.
Creditors of the 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 Representative or may be filed with the Clerk of the Circuit Court, and a copy of the claim mailed or delivered to the Personal Representative.
Dated this 4th day of November, 2009.
Donald Godsk -
Personal Representative
1113 N. Garfield Avenue
Dell Rapids, SD 57022
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
Representative
T-Nov. 11, 18, 25 Godsk #1241234
Dell Rapids
NOTICE OF HEARING
ON
APPLICATION FOR REZONING
NOTICE IS HEREBY GIVEN that on Tuesday, the 7th day of December, 2009, at 7:30 p.m., in the City Council Chambers at City Hall, 302 East 4th Street, Dell Rapids, SD, the City Council of said City will consider and act on an application to amend Ordinance #369, the Dell Rapids Zoning Ordinance, by rezoning the following real property, to wit:
Tract 2, Timber Ridge Addition
From A-1, Agricultural, to R-1, Single Family Residential.
At said hearing all interested parties may appear and be heard, and the rezoning sought may be rejected, or adopted with or without amendments.
Dated at Dell Rapids, South Dakota, this 10th day of November, 2009.
S.L. Martin
Zoning Administrator
Published once at an approximate cost of $20.26.
T-11/18 NOH 7 p.m. Ad#1241758
Dell Rapids
NOTICE OF HEARING
ON
APPLICATION FOR REZONING
NOTICE IS HEREBY GIVEN that on Tuesday, the 1st day of December, 2009, at 7:00 p.m., in the City Council Chambers at City Hall, 302 East 4th Street, Dell Rapids, SD, the Planning Commission of said City will consider and act on an application to amend Ordinance #369, the Dell Rapids Zoning Ordinance, by rezoning the following real property, to wit:
Tract 2, Timber Ridge Addition
From A-1, Agricultural, to R-1, Single Family Residential.
At said hearing all interested parties may appear and be heard, and the rezoning sought may be rejected, or adopted with or without amendments.
Dated at Dell Rapids, South Dakota, this 10th day of November, 2009.
S.L. Martin
Zoning Administrator
Published once at an approximate cost of $20.26.
T-11/18 NOH 7 pm Ad#1241759
Baltic
MINUTES OF 04 NOVEMBER 2009 SPECIAL SESSION
THE BALTIC CITY COUNCIL MET IN SPECIAL SESSION ON 04 NOVEMBER 2009. Mayor Michael Wendland called the meeting to order at 5:35 PM. Present were Council members Calvin Whiting, Jason Turner, Ron Jenks and Jason Pittmann. Also present was Finance Officer Hendrickson. The meeting was held at the Baltic City Hall.
Jenks made a motion to enter into Executive Session to discuss contracts. Whiting seconded. All present voted Aye.
The Council came out of Executive Session at 6:30 PM. No motions or action followed.
At 6:35 PM Turner made a motion to adjourn. Pittmann seconded. All present voted Aye.
Elaine C. Hendrickson
Municipal Finance Officer
Published once at the approximate cost of $18.24.
T-11/18 Min 11/4 Ad#1241761
Baltic School District
November 9, 2009
The Board of Education of the Baltic School District met in regular session on November 9, 2009 at 7:00 p.m. in the School Library with the following members present or absent:
Present: Haagenson, Krogstad, Mack, and Johnson
Absent: Dornbusch
Officers and Other Persons Present: R. Sittig, Supt./Elem Principal; C. Fersdahl, Bus. Mgr.; J. Aisenbrey, HS/MS Principal; Others
Haagenson called the meeting to order.
Approve Agenda:
Action #10-64: Motion by Krogstad, seconded by Mack to approve the agenda as presented. All ayes
Approval of Minutes:
Action #10-65: Motion by Johnson, seconded by Krogstad to approve the minutes of the regular meeting on October 12, 2009. All ayes.
Report of Cash Transactions:
The following report of cash transactions was presented for the month of October 2009:
(See Financial Report)
Action #10-66: Motion by Mack, seconded by Krogstad to accept the financial report as presented. All ayes.
Claims Approved:
General Fund: A-1 Portable Toilets, Rental, 180.00; Alliance Communications, Phone service, 290.40; Amazon.com, Textbooks, 81.36; American School Board Journal, Subscription, 57.00; American Underground Sprinkler, Services, 87.76; A-OX Welding, Supplies, 53.94; Argus Leader Media, Publications, 245.35; ASBSD, Seminar, 110.00; Krista Atyeo-Gortmaker, E rate services, 264.75; Automatic Building Controls, Repairs, 349.35; Baltic Music Boosters, Supplies, 28.00; Batteries Plus, Supplies, 36.00; Brandon Plumbing, Repairs, 450.00; Brooklyn Publishers, Supplies, 108.25; Campbell Supply, Supplies, 125.39; Cardmember Services, Repairs, 81.83; City of Baltic, Water, sewer, garbage removal, 698.20; D & D Market, Supplies, 5.16; Dakota Auto Parts, Supplies, 18.13; Dakota Supply Group, Repairs, 613.75; Daubys Sports Center, Supplies, 153.00; Dell Rapids High School, CC fees, 51.73; Dell Rapids Lumber Co, Supplies, 338.44; Dust-tex Service, Mop service, 134.76; Elite Business Systems, Supplies, 116.25; Flex-One, Services, 54.00; FLR Sanders, Floor maintenance, 3150.00; Follett Educational Services, Textbooks, 152.68; Fred the Fixer, Supplies, 8.00; GroupCast, LLC, School reach, 1175.00; Heuer Publishing, Supplies, royalty, 177.50; Hewlett-Packard Company, Repairs, 178.00; Hillyard, Repairs, 45.50; Hubers Electric, Repairs, 621.27; J W Pepper & Son, Supplies, 119.93; Jostens, Supplies, yearbook printing, 1826.76; K & M Music, Supplies, 163.20; Kreisers, Supplies, 179.00; LIU, Plaques, 54.90; M&T Fire & Safety, Service, 100.98; Menards, Supplies, 870.99; MidCentral Educational Coop, Profile, 400.00; Midway Service, Fuel, 2340.00; Monoprice, Repairs, 37.12; NCS Pearson, Supplies, 480.74; Oriental Trading, Supplies, 80.89; Pioneer Drama Service, Supplies, 47.20; Prairie Lakes Ed Coop, Services, 58.60; Collin Reynolds, Supplies & repairs, 340.81; Samuel French Inc, Supplies, 54.32; Scholastic Magazines, Supplies, 267.22; School Specialty, Desks, 1400.00; SD Society for Technology, Dues, 50.00; Robert Sittig, Mileage, 83.62; Sunshine, Supplies, 13.15; Supreme School Supply, Supplies, 26.94; Taher, Food Services, 1591.21; Trust & Agency Fund, Replenish imprest, health insurance, 8172.38; Verizon Wireless, Phone service, 109.93; Walmart, Supplies, 79.96; West Central School, Supplies, 9.00; Pat Brende, Substitute teacher, 1458.66; Tamara Christensen, Substitute teacher, 193.77; Amber Clapper, Substitute teacher, 699.73; Douglas Green, Substitute teacher, 258.36; Jeff Knopf, Substitute teacher, 322.95; Nikki LaClair, Substitute teacher, 43.06; Kathy Niles, Substitute teacher, 1647.05; Michelle Pepper, Substitute teacher, 48.44; Marlina Renken, Substitute teacher, 43.06; Matt Spolum, Substitute teacher, 777.77; Ann Sundermann, Substitute teacher, 145.33; Scott Hendrickson, Bus driver, 108.07; James Johns, Custodian, 43.06; Michael Koopman, Bus driver, 182.17; Ross Rollinger, Bus driver, 191.09; Karly Folsland, VB worker, 80.74; Marvin Miller, FB announcer, 64.59; Jennifer Nuncio, VB worker, 647.81; Collin Reynolds, Supervision, 301.17; Alan VanEck, VB worker, 129.18; N icole Wichmann, VB worker, 142.06; October Payroll; Salaries; Instruction, 97713.85; Support Services, 49540.08; Cocurricular, 6494.29; Total Salaries, 153,748.22; Benefits, 39,545.06; Total General Fund, 230,021.00
Capital Outlay Fund: Amazon.com, Library books, 7.67; Elite Business Systems, Copier lease, 680.94; Hubers Electric, Services, 2935.81; Total Capital Outlay Fund, 3,624.42
Special Education Fund: Parent, Mileage, 281.20; Childrens Care, Tuition, therapy, 3636.50; Handwriting without Tears, Supplies, 198.27; Prairie Lakes Ed Coop, Services, 1968.37; Trust & Agency Fund, Workshop, health insurance, 1057.70; University of South Dakota, Mileage, 12.66; Walmart, Supplies, 43.16; Rebecca Walsh, Certification fee, 285.00; Wheelchair Express, Transportation, 637.50; Pat Brende, Substitute teacher, 96.88; Amber Clapper, Substitute teacher, 204.53; Matt Spolum, Substitute teacher, 495.19; October Payroll, ; Salaries; Instructional Salaries, 21585.00; Support Salaries, 2874.75; Total Salaries, 24,459.75; Benefits, 7,041.49; Total Special Education Fund, 40,418.20
Bond Redemption Fund: First National Bank, Principal, interest, fees, 269,315.01
Food Service Fund: Taher, Food Services, 26089.17; Taylor Industries, Repairs, 1257.52; Total Food Service Fund, 27,346.69
Action #10-67: Motion by Krogstad, seconded by Johnson to approve the above claims. All ayes.
Reports:
Administrators presented written reports. Other reports included the gym sound system, suspension of the attendance policy, bus garage project, Schoolreach contract, 2009 school district profile, and vacating the alley.
Elementary Gym:
Action #10-68: Motion by Mack, seconded by Johnson to accept the proposal from Philbuilt Building & Remodeling for the elementary gym exterior improvement project, contingent upon clarification of specified items and upon approval of the Buildings and Grounds Committee. All ayes.
Appointments:
Johnson and Dornbusch were appointed to serve on the Long Range Planning Committee.
Haagenson was appointed to be a delegate to the ASBSD Delegate Assembly.
Fuel Quotes:
The following quotes for diesel fuel were received October 16, 2009:
Vollan Oil--$2.36, Bunkers Oil--$2.37
The following quotes for gas were received October 30, 2009:
Vollan Oil--$2.32, Bunkers Oil--$2.44
Action #10-69: Motion by Krogstad, seconded by Mack to approve the low quotes from Vollan Oil. All ayes.
Discussions:
The board discussed the laptop computer lease and transportation of students attending the Career/Tech Academy in 2010-2011.
Policies:
Action #10-70: Motion by Johnson, seconded by Krogstad to approve the first reading of Changes in High School Graduation Requirements for 2010-2011 as presented. All ayes.
Action #10-71: Motion by Mack, seconded by Johnson to approve the first reading of the Paraprofessional Job Description as presented. All ayes.
Staff:
Action #10-72: Motion by Johnson, seconded by Mack to accept the resignation of James Aisenbrey as head football coach. All ayes.
Head Start:
Action #10-73: Motion by Mack, seconded by Krogstad to approve the contract addendum with ICAP for Head Start Pre-School. All ayes.
Adjournment:
Action #10-74: Motion by Krogstad, seconded by Johnson at 8:22 p.m. to adjourn. All ayes.
Charlene Fersdahl
Business Manager
Published once at the total approximate cost of $94.51.
T-11/18 Min 11/9 Ad#1242171
Dell Rapids School District
School Board Proceedings
The Dell Rapids School District Board of Education met Monday, November 9, 2009 at 7:00 p.m. in the elementary school gym with the following members present: Alan Blankenfeld, Brian Davis, Steve Munk, Troy Randall, and Cindy Schuch. Absent: None.
Administration present: Tom Ludens, Superintendent; Barbara Littel, Business Manager.
President Blankenfeld called the meeting to order at 7:04 p.m. and the Pledge of Allegiance was recited.
The board presented information to the public on the November 16 bond election. Comments were taken and questions answered.
Blankenfeld declared the meeting in recess at 8:30 p.m.
Blankenfeld reconvened the meeting in regular session at 9:05 p.m.
10-141 Motion by Randall, seconded by Munk, to approve the agenda as published. All voted aye.
10-142 Motion by Davis, seconded by Schuch, to approve the consent agenda. All voted aye.
A. Minutes from the October 12 and October 26, 2009 board meetings.
B. Payment of November Claims.
General Fund: A-1 Septic, maintenance 182.50; ALA Publishing, supplies 34.50; Always Your Design, supplies 48.28; American Ink, supplies 1543.26; American School Board Journal, subscription 57.00; Andersons Prom and Party, supplies 79.93; Argus Leader, publications/supplies 439.21; Auto Body Specialty, supplies 279.00; Bargain Bytes, purchased services 639.90; Barnes and Noble, books 871.23; Birch Telecommunications, purchased services 164.64; Blooms on Main, supplies 44.52; Budget Text, supplies 105.49; Builders Supply, supplies 104.71; Cedar Shores Resort, conference lodging 149.90; Central Business Supply, purchased services 25.00; Century Business Leasing, copiers 822.92; Chesterman, supplies 19.00; Citibank, supplies 1073.55; City of Dell Rapids, water/sewer 1180.53; Classroom Select, supplies 34.92; Cole Papers, supplies 734.81; Constructive Playthings, supplies 37.70; County Fair, supplies/Haven food 683.23; Daubys, supplies 517.19; DR Lumber, supplies 189.20; DR Mini-Storage, rental 46.00; Dells True Value, supplies 271.79; Dells Diesel, repairs 242.61; Dells Plumbing, purchased services 53.57; Dennys Electric, repairs 726.21; DR Agency Fund, reimburse entry fees/telephone service/supplies/state tournament meals/officials/background checks/registrations/postage 2730.49; EBSCO, subscriptions 49.61; Teri Eddy, lodging reimbursement 75.08; EdHelper, subscription 199.90; Fairfield Inn and Suites, tournament lodging 153.60; Fastenal, supplies 200.78; Flandreau Flower Shoppe, plant 42.40; Fonder Sewing Machine, supplies 18.95; Golden West, telephone service 53.03; GroupCast, purchased services 2225.00; Hauff Mid-America Sports, supplies 972.35; George Henry, supply reimbursement 14.62; Hildebrand Strategies, purchased services 3471.59; Hobby Lobby, Haven supplies 30.36; Hoffman Sanitation, garbage disposal 225.00; Holiday Inn, all-state chorus lodging 1519.88; Janitors Closet, supplies 59.00; Joy of Tournament, software 125.00; K&M Music, repairs 165.38; Terry Kuchta, purchased services 200.00; Jason Kurtz, supply reimbursement 37.02; Lamps and Screens Online, supplies 1874.00; Linweld, supplies 412.74; LMI, supplies 69.99; Lunchtime Solutions, purchased services 315.35; Media and Book Services, supplies 19.90; Mid States School Bus, purchased services 43137.00; MidAmerican Energy, gas 2064.99; Midwest Alarm, monitoring 57.62; Mobile Electronic Service, repairs 201.80; Munk Family Pumpkin Patch, supplies 116.00; Russ Nelsen, mileage 68.45; Amanda Neville-Coble, supply reimbursement 144.19; New Vision, repairs 500.00; Office Max, supplies 343.59; Office of Weights and Measures, purchased services 56.00; Bruce Olson, supply reimbursement 110.92; Jessica Ostwald, mileage/meals 188.77; Pepper at Eckroth, supplies 179.99; Pfeifer Implement, repairs 252.52; Pitsco, supplies 397.98; Pizza Ranch, Haven meals 43.98; Prairie Coach Trailways, purchased services 1000.00; PLEC, purchased services 73.27; Professional Solutions, Haven software 347.25; Publishers Marketing Service, subscriptions 119.60; Quality Heating, repairs 66.32; Quality Welding, repairs 183.84; Radio Accounting Services, ad 469.00; Beverly Rieck, registration reimbursement 38.00; Roemens Automotive, supplies 39.68; Sanyo, supplies 20.00; Schmitt Music, supplies/repairs 209.30; Scholastic, subscriptions 751.96; School Specialty, supplies 448.92; Schuneman Equipment, repairs 183.43; Science Kit, supplies 160.90; SD Library Network, subscription 650.00; Simplex Grinell, supplies 467.83; Brian Smith, meal reimbursement 78.00; Smith Publishing, purchased services 810.00; Social Studies School Service, supplies 110.88; Staples, supplies 503.91; Cheryl Steen, lodging reimbursement 75.08; TASC, purchased services 1332.48; The Carroll Institute, purchased services 825.80; The Crossroads Hotel, conference lodging 65.00; The Finisher, repairs 306.00; TIE, registration 175.00; Upstart, supplies 45.80; Verizon, Haven phones 60.93; Jeff Welbig, grounds maintenance 1125.00; Welsch Products, supplies 428.35; Xcel Energy, purchased services 2937.05; XM, subscription 3.61; Ginny Ziebarth, meal reimbursement 78.00. TOTAL GENERAL FUND CLAIMS $88,717.31.
Capital Outlay Fund: Architecture Inc., purchased services 596.14; Barnes and Noble, books 199.98; Brodart, books 2527.74; Century Business Leasing, copiers 856.50; Daubys, uniforms 1605.00; Hander Plumbing, ES HVAC upgrades 9585.00; Johnson Controls, ES HVAC upgrades 79487.20; Mid States School Bus, purchased services 5465.10; Network Hardware Resale, equipment 2760.77; School Specialty, equipment 6860.24; Williams Scotsman, portable classroom lease 1275.00. TOTAL CAPITAL OUTLAY FUND CLAIMS $111,218.67.
Special Education Fund: ACP Direct, supplies 35.45; Childrens Care, purchased services 13223.00; Childrens Home Society, purchased services 4704.16; County Fair, supplies 92.32; Foreman Sales, bus lease 775.00; Mid States School Bus, purchased services 4388.76; Northland Financial, bus lease 649.00; Orientation and Mobility, purchased services 1020.99; Phonak, purchased services 322.32; PLEC, purchased services 4453.56; SDAB Gadgetry Program, supplies 86.35; SE Behavioral Health, purchased services 1740.00; SRA, supplies 165.60. TOTAL SPECIAL EDUCATION FUND CLAIMS $31,656.51.
Food Service Fund: DR True Value, supplies 54.99; Dells Plumbing, repairs 2034.81; Dennys Electric, repairs 78.90; Lunchtime Solutions, purchased services/supplies 50228.19. TOTAL FOOD SERVICE FUND CLAIMS - $52,396.89.
Payroll: Elementary 97727.58; Middle School 82906.33; High School 84748.70; Title I 7036.40; Strive High 7147.88; Guidance 10471.40; Health 6176.68; Improvement of Instruction 1146.19; Library 6979.97; Technology 7020.50; General Administration 10647.10; School Administration 29377.63; Business Office 8166.01; Maintenance 27471.38; After School Programs 7155.70; Cocurricular Activities 19927.54; Special Education 81835.04; Food Service 590.33. TOTAL PAYROLL $496,532.36.
C. Contracts/employment: 1. Grayson Pirner, JH wrestling coach - $2065.00; 2. Kristin Larson, associate - $8.57/hour; 3. Roy Schwebach, snow removal - $15.00/hour
D. Authorizations and ratifications: 1. Home school application #10-25; 2. Reach Communications agreement; 3. Donation from Music Booster Club for middle school band wind shirts
10-143 Motion by Schuch, seconded by Munk, to appoint the following precinct workers for the November 16, 2009 school bond election, and to authorize the business manager to obtain substitutes, if needed: Verla Hanson, Karen Vietor, Karen Nielsen, Frank Boerema, Margo Sommerfeld, Delores McKee, John Schroeder, Rod Vietor, Loretta Coad, Joe Thronson, Diane Hansen, Lorna Reiff, Doris Mitchell, Dave Chamley, Sheba Schlaikjer, Alice Majeres, Alice Hansen, Jim Pollman, Laurie Lueders, Linda Daugaard. All voted aye.
10-144 Motion by Randall, seconded by Munk, to proclaim November 15-21, 2009 as American Education Week. All voted aye.
Superintendent Ludens reported on K-12 enrollment, state graduation requirement changes, the ASBSD delegate assembly, and the districts new affiliation with ESA II.
10-145 Motion by Davis, seconded by Munk, to approve the second reading and adoption of policy JFCD - Bullying. All voted aye.
Superintendent Ludens reported that policy EBCD School Closing was still being reviewed.
Superintendent Ludens distributed the ASBSD bulletin and board comments were heard.
Blankenfeld declared the meeting adjourned at 9:53 p.m.
Alan Blankenfeld, President
Barbara Littel, Business Manager
(unofficial until approved by the Board of Education)
Published once at an approximate cost of $93.50.
T-11/18 Min 11/9/09 Ad#1242308
Minnehaha
THE MINNEHAHA COUNTY COMMISSION CONVENED AT 9:00 A.M., November 10, 2009, pursuant to adjournment on November 3, 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.
AGENDA
MOTION by Hajek, seconded by Barth to approve the Agenda. 5 ayes.
MINUTES
MOTION by Hajek, seconded by Barth to approve the Minutes for November 3, 2009. 5 ayes.
VOUCHERS TO BE PAID
MOTION by Twedt, seconded by Hajek to approve the following bills totaling $951,697.51 for payment. 5 ayes.
A & B Business Equip, Var. Depts, 523.69; A-Ox Welding Supp Co, Sheriff, 180.00; ABN Army Surplus, Sheriff, 281.75; Advance Auto Parts, Sheriff, 55.52; Allied Oil & Supply, Hwy Constr, 1,147.50; Alsobrook, Danny D, Hwy Constr, 156.00; Alvine & King LLP, Courts, 1,565.54; American Correctiona, Jail, 35.00; American Institution, JDC, 288.26; Andersen, Norma, Mental Ill, 30.00; Anderson's Towing, Jail, 49.00; Anesthesiology Assoc, Human Svcs, 424.00; Arena Motel, Var. Depts, 1,825.00; Argus Leader, St Atty, 503.38; Auto Glass Center, Hwy Constr, 515.35; Avera Health Informa, St Atty, 31.50; Avera McKennan Hospi, Var. Depts, 55,974.79; Avera Queen of Peace, Hwy Admin, 148.50; Awate, Elashe, Courts, 480.84; A1 Svc Inc/Laceys Ch, Hwy Constr, 45.00; Bechtel, Dave, Human Svcs, 440.00; Ben White, Human Svcs, 600.00; Billion's, Var. Depts, 292.96; Black Inc, Mus Entpr, 875.00; Blind Dog Production, Mus Entpr, 665.75; Boyer Trucks Sioux F, Hwy Constr, 391.18; Brander, Ken, Human Svcs, 400.00; Brevik Law Office Pr, Mental Ill, 210.10; Bridgewood Estates I, Human Svcs, 500.00; Brown & Saenger, Var. Depts, 962.76; Buffington, Michael, Courts, 1,111.30; Builders Supply Comp, Facilities, 27.30; Butler Machinery Com, Hwy Constr, 935.49; C & R Supply, Inc., Hwy Constr, 20.22; CADD/Engineering Sup, Mus Ops, 1,175.00; Carlson, Lisa, Courts, 136.80; Cartridge World, Info Tech, 912.02; CBM Food Service, Var. Depts, 16,645.46; Center for Family Me, Jail, 306.36; Century Business Pro, Var. Depts, 158.00; Chemco, Inc., Facilities, 58.90; Childrens Home Socie, Pass-Thru, 92,647.00; City of Garretson, Human Svcs, 420.00; Cleveland Heights Ap, Human Svcs, 480.74; Cliff Avenue Auto Pa, Hwy Constr, 20.12; Concrete Materials, Hwy Constr, 58,557.42; Conexis Benefit Admi, Human Svcs, 168.81; Constellation New En, Pettigrew, 23.52; Construction Product, Hwy Constr, 159.60; Cooey, Carla F, Courts, 30.40; Country View MHC, Human Svcs, 300.00; Crescent Electric Su, Facilities, 708.80; Dahlin, Curtis, Mus Ops, 75.00; Dakota Alignment & F, Hwy Constr, 201.27; Dakota Fluid Power,, Hwy Constr, 273.12; Dakota Lettering Etc, JDC, 855.56; Decastro Law Office, Courts, 977.55; Dell Rapids Ambulanc, Ambulance, 45,000.00; Delux Motel / Dakota, Human Svcs, 500.00; Deluxe Business Form, Jail, 1,116.20; Devlin, Tim, Jail, 64.99; Dhecjal, Achor, Courts, 4.17; Dietrich, Donna K, Mental Ill, 410.67; Dressen Custom Trail, Pass-Thru, 25,482.00; Duncan, Kara, Public Def, 124.11; E.S.R.I., Inc., Info Tech, 11,400.00; Ebert's Properties,, Human Svcs, 1,000.00; El Paso County Sheri, St Atty, 38.60; Epsilon Sigma Phi, Extension, 60.00; Esser, Tia, Mental Ill, 128.00; Estergard, Kathryn L, Info Tech, 159.00; Family Orthopedic &, Facilities, 20.00; Fonder, Roger M, DBA, Planning, 33.15; Fox, Youngberg & Lew, Mental Ill, 349.42; Fred Pryor Seminars, Auditor, 179.00; Fred The Fixer Inc, Var. Depts, 62.29; Garretson Ambulance, Ambulance, 45,000.00; Genzlinger, Janeen, Var. Depts, 437.00; Goebel Printing, Inc, Commission, 84.79; Golden West, Var. Depts, 194.16; Graff Enterprises, I, Jail, 20.00; Graham Tire Co. - No, Hwy Constr, 465.29; Grainger, Inc., Facilities, 44.92; Graybar Electric Com, Facilities, 677.44; Great Plains Int'l T, Hwy Constr, 31.78; Gudeta, Dereje, Courts, 25.00; Guzman, Sandra V., Var. Depts, 624.99; Harold's Photo Cente, Mus Entpr, 59.99; Heiman Inc, Em Mgmt, 154,692.00; Hewlett-Packard Comp, Var. Depts, 556.00; Hoekstra, Denise A., Courts, 48.60; Home Federal Savings, Human Svcs, 500.00; Howe Electric, Inc., Hwy Admin, 124.75; Hurtgen, Timothy T., Human Svcs, 425.00; Hy-Vee Accounts Rece, Human Svcs, 64.11; Hy-Vee Food Store, Commission, 92.83; Ideal Yardware, Hwy Constr, 123.34; Interstate Office Pr, Var. Depts, 839.99; J & S Hospitality DB, EFSP Fund, 710.00; J.C. Penney Company, Facilities, 151.95; Jarmans Midwest Clea, Hwy Admin, 412.50; Jaros, Pete, Mental Ill, 199.80; JCL Solutions-Janito, Var. Depts, 101.84; Jefferson Partners L, Human Svcs, 1,121.50; Jerke & Sons Const, Hwy Constr, 21,253.55; Johnson Feed, Inc., Hwy Constr, 6,504.53; Johnson, Delbert L., Human Svcs, 800.00; Kappenman, Timothy D, Jail, 6,383.00; Kauffman, David W. P, Courts, 2,605.00; Kelly, Roger, Human Svcs, 440.00; Kennedy, Pier & Knof, Mental Ill, 484.20; Kittelson, Joan M, Mental Ill, 15.00; Kleen Solutions, Inc, Jail, 168.85; Knology, Human Svcs, 97.94; Kolbeck, Ryan, Public Def, 332.06; Kone, Inc., Facilities, 190.91; Kooistra, Nelva, Mental Ill, 30.00; Kpradith, Kyto, Courts, 50.00; Kreisers, Inc., Jail, 161.16; Krell, Lynn, JDC, 14.81; L.G. Everist, Inc., Hwy Constr, 551.92; Larson, Jeff, Public Def, 450.00; Lason Systems, Inc., Reg Deeds, 387.45; LCM Pathologists PC, Coroner, 28.00; Leesch, Carol, Human Svcs, 500.00; Letexier, George M, Sheriff, 117.99; Lewis Drug Stores, Human Svcs, 2,292.99; Light and Siren, Sheriff, 89.95; Linn County IA Sheri, St Atty, 32.00; Linweld, Inc., Hwy Constr, 52.70; Lounsberry, Amber, Extension, 251.98; Mailway Printers, Mus Ops, 1,101.00; Malloy Electric Bear, Facilities, 31.49; Maxwell Food Equipme, Mus Entpr, 42.19; McGrath, Michael J,, Mental Ill, 315.00; Medical X-Ray Center, Var. Depts, 302.15; Menards - East, Var. Depts, 512.31; Menards - West, Hwy Constr, 22.72; Metro Communications, Public Def, 360.00; Midamerican Energy C, Var. Depts, 825.95; Midcontinent Communi, Mus Ops, 55.00; Midwestern Mechanica, Mus Maint, 286.51; Mikelson, Gary E, Mental Ill, 188.88; Miller, Steve, Courts, 464.95; Minnehaha Cnty Priso, Jail, 13.00; Minnehaha Community, Hwy Admin, 25.00; Moore Medical Corp., Sheriff, 2,313.28; Myers & Billion LLP, Var. Depts, 1,013.10; Nelson, William, Human Svcs, 575.00; Niedringhaus, Paul, Sheriff, 280.00; Norberg Paints, Inc., Facilities, 30.78; Northland Chemical C, JDC, 138.06; Novak Sanitary Servi, Facilities, 1,653.90; Nyberg's Ace Hardwar, Var. Depts, 420.48; Office Depot, Public Def, 594.30; Olson, Valorie, DBA, Mental Ill, 25.00; Orthopaedic Consulta, Jail, 142.01; Orthopedic Institute, Human Svcs, 2,185.46; Palmer, Barbara, Mental Ill, 4,500.00; Pechous, Corey, Hwy Constr, 145.65; Peters, Scott N, PC, Mental Ill, 6,995.54; Portable Computer Sy, Em Mgmt, 324.00; Provo, Tom, Human Svcs, 1,050.00; Qualified Presort Se, Var. Depts, 9,562.24; Quality Efficiencies, Human Svcs, 165.00; Quest Engineering, I, Hwy Constr, 56.32; Quill Corp., JDC, 94.40; Qwest, Jail, 102.32; R & L Supply, Ltd, Var. Depts, 75.42; R & S Sanitation Ser, Hwy Admin, 500.00; Record Keepers, Inc., Var. Depts, 3,594.90; Redwood Estates LLC, Human Svcs, 495.00; Rehfuss, Cathy A, Mental Ill, 15.00; Reitz, Robert DDS PC, Human Svcs, 107.00; Richard-Ewing Equipm, Facilities, 41.52; Robson True Value, Var. Depts, 117.73; Rockmount Research &, Hwy Constr, 252.17; Sabre Communications, Em Mgmt, 21,114.00; Sanford Clinic, Human Svcs, 2,290.71; Sanford Hospital, St Atty, 454.33; Sanford Laboratories, Coroner, 1,605.93; Sanitation Products, Hwy Constr, 150.62; Schoenfelder, Shane, Human Svcs, 500.00; Schoppert, R Scott, Human Svcs, 400.00; Schrader, Lloyd, Human Svcs, 500.00; Scotty's Automotive, Commission, 421.26; SD Bd. of Social Wor, Human Svcs, 90.00; SD Dept of Public Sa, Human Svcs, 45.00; SD Dept of Revenue, Var. Depts, 113.18; SD Risk Pool, Human Svcs, 2,111.98; SD State Treasurer, Sales Tax, 344.37; SDAE4-HE, Extension, 170.00; Shepherd Reporting L, Mental Ill, 75.00; Sioux Empire FCU/148, Var. Depts, 1,309.14; Sioux Empire FCU/097, Var. Depts, 3,145.12; Sioux Empire FCU/108, Sheriff, 156.49; Sioux Empire FCU/165, Var. Depts, 1,758.02; Sioux Empire FCU/190, St Atty, 374.39; Sioux Empire FCU/675, 24/7 Prog, 71.44; Sioux Falls City Fin, Var. Depts, 208,905.05; Sioux Falls Humane S, Humane Soc, 3,558.70; Sioux Falls Transit/, Human Svcs, 12.50; Sioux Falls Utilitie, Human Svcs, 118.94; Sioux Valley Energy, Var. Depts, 155.29; Siouxland Trailer Sa, Hwy Constr, 306.94; Skorczewski, Jena, Courts, 1,122.60; Solomon, Ghirmay, Var. Depts, 200.00; Southeastern Behavio, Se Behav, 37,066.25; Surgical Institute o, Human Svcs, 461.51; Taylors Place LLC, Human Svcs, 289.00; The Center for Activ, Mus Ops, 54.00; The Printers, Inc., Mus Entpr, 566.87; Thorin, Deyanira T, Var. Depts, 379.17; Thornton Flooring In, Bldg Fund, 13,163.25; Thurman, Creighton A, Mental Ill, 220.78; Tires,Tires,Tires In, Var. Depts, 1,591.94; TK Enterprises, Human Svcs, 500.00; Tower of David, Ltd, Human Svcs, 221.00; Twelve-Step Living C, Human Svcs, 400.00; Ultramax, Var. Depts, 5,985.00; Unke - Lyons, Inc., Human Svcs, 250.00; Urology Institute, P, Jail, 1,274.93; US Auto Force, Facilities, 139.80; Van Lier, Harold, Hwy Constr, 139.31; Velvet Uniforms, Inc, Var. Depts, 1,555.02; Voigt, Debra, Courts, 631.40; Volunteers of Americ, JDC, 2,817.50; Wal-Mart Pharmacy, Human Svcs, 41.71; Wal-Mart Pharmacy, Human Svcs, 130.57; Wali, Khadija M., Courts, 25.00; Wall Lake Sanitary D, Hwy Admin, 70.00; Walsh, Mike, Sheriff, 51.00; Weeda, Alvina, Info Tech, 184.00; Weig, Mary, Human Svcs, 495.00; Welker, Donald J, Human Svcs, 900.00; Westwick Motel, Inc., Human Svcs, 650.00; Wheelco Brake & Supp, Hwy Constr, 44.12; Willow Wood Apartmen, Human Svcs, 500.00; Xcel Energy, Inc., Human Svcs, 1,346.76; Yankton County Sheri, Mental Ill, 300.00; Yellow Cab, Inc., Human Svcs, 41.00; Zee Medical Service, Hwy Admin, 122.60; 112 Inc, DBA Huey Ap, Human Svcs, 165.00
REPORTS
The following reports were received and placed on file in the County Auditor's office: Minnehaha County Human Services Report and Regional Juvenile Detention Center Report for October, 2009, and the General Fund Surplus Analysis as of September 30, 2009 - Undesignated Fund Balance (-$2,021,217.03, or -4.40% of the 2010 General Fund Budget).
PERSONNEL
MOTION by Hajek, seconded by Kelly to approve the following personnel changes. 5 ayes.
1. To accept the resignation of Mary Lou Buddi as part-time Administrative Clerk for the Museum effective 11-12-09.
2. To end the temporary part-time employment of Ed Powderly as Park Worker for the Parks Department effective 11-2-09.
3. To hire Darrell Jonas as Highway Maintenance Worker (12/A) for the Highway Department at $15.6584/hour effective 11-9-09.
4. To end the temporary part-time employment of Morris Gjoraas and Willard Huffman as Laborers for the Highway Department effective 11-2-09.
Step Increases Due:
1. Paul Niedringhaus - Deputy Sheriff Captain - Sheriff's Office - 23/I to 23/J, 10-8-09, $2,972.84/bi-weekly
2. Wyatt Walton - Correctional Officer - Jail - 13/D to 13/E, 8-21-09, $18.1589/hour
3. Mandi Mowery - Senior Deputy State's Attorney - State's Attorney's Office - 22/B to 22/C, 11-6-09, $2,265.73/bi-weekly
4. Lori Smart - Juvenile Correctional Officer II - JDC - 14/H to 14/I, 11-8-09, $21.0587/hour
5. Deborah Dose - Senior Accounting Technician - Auditor's Office - 12/F to 12/G, 10-31-09, $18.1589/hour
MOTION by Hajek, seconded by Barth to approve policy updates, as recommended on 11/3/09, to the following sections of the employee handbook: Introduction, Pay Information and Corrections, Retirement, and Drug Free Workplace. 5 ayes.
ABATEMENTS
MOTION by Hajek, seconded by Twedt to approve the following 2008 property tax abatement as part of the Elderly Freeze Program: Delores Moe, ID 22206, $757.95. 5 ayes.
The following abatement was recommended by Kyle Helseth, Deputy Director of Equalization:
MOTION by Twedt, seconded by Hajek to approve the following property tax abatement as part of the discretionary formula in Dell Rapids: Mark Crisp, ID 78098, 2007 - $1,617.76, and 2008 - $1,008.45. 4 ayes, Barth - nay.
LIENS
Commissioner Barth, County Aid Lien Liaison, briefed the Commission on the following lien compromise requests:
DPNO 45312, in the amount of $159.18. The lien was filed against a property being purchased by the lienee on a contract-for-deed. A request to release the lien from the property only was received from an attorney representing the sellers of the property as they are pursuing foreclosure action. Gordy Swanson, Deputy State's Attorney, explained that if the compromise is denied, the seller will be forced to pursue quiet title action to extinguish the lien. The county aid lien remains a junior lien holder to the seller's interest in the contract. MOTION by Barth, seconded by Twedt to release the property with no payment from the petitioner. 2 ayes, Hajek, Kelly, and Pekas - nay. Motion fails.
DPNO 46846, in the amount of $837.30. The applicant in this request is the ex-husband of the lienee. He was in the process of selling his home when the lien was noted by a title company. The lien is for services between December 2001 and March 2005. The couple divorced in January 2001, and the property was to be quitclaimed to the applicant. The deed was not filed until 2005. Gordy Swanson, Deputy State's Attorney, explained that it was the applicant's responsibility to follow through with the quitclaim filing. MOTION by Barth, seconded by Twedt to approve Resolution MC09-47. 4 ayes, Kelly - nay.
RESOLUTION MC09-47
WHEREAS, a County Aid Lien in the amount of $837.30 purports to exist in favor of Minnehaha County and against DPNO 46846 as Lienee, and
WHEREAS, an application has been filed with the County Auditor stating such facts as provided for by Law,
NOW, THEREFORE, BE IT RESOLVED that after due consideration of the circumstances the Board of County Commissioners finds it advisable and proper to authorize the Chairman of the County Board and the County Auditor to execute the following:
Release the lien in full against the real property only, with no payment from the petitioner. The lien to remain filed in the name of the lienee. Legal description of real property: West 58 feet of Lot 11 in Block 41 of Dell Rapids Original, Minnehaha County, SD.
Dated at Sioux Falls, South Dakota, this 10th day of November, 2009.
APPROVED BY THE
COMMISSION:
John Pekas, Chairman
ATTEST:
Sandy Kinder, Deputy Auditor
DPNO 49105 in the amount of $2,676.00. The applicant is in the process of pre-qualifying for a mortgage. During that process, the lien for attorney services was noted. The applicant was incarcerated and was released in 2007. Since that time he has found employment and saved for his closing costs. He will have some cash remaining that he is offering to release the lien. Commissioner Kelly noted that there was no prior attempt to repay this lien. MOTION by Barth, seconded by Twedt to approve Resolution MC09-48. 4 ayes, Kelly - nay.
RESOLUTION MC09-48
WHEREAS, a County Aid Lien in the amount of $2,676.00 purports to exist in favor of Minnehaha County and against DPNO 49105 as Lienee, and
WHEREAS, said lienee has filed an application with the County Auditor stating such facts as provided for by Law, NOW, THEREFORE, BE IT RESOLVED that after due consideration of the circumstances the Board of County Commissioners finds it advisable and proper to authorize the Chairman of the County Board and the County Auditor to execute the following:
Compromise and release the lien upon payment of $1,000. If payment is not made within one year from approval, this agreement is null and void.
Dated at Sioux Falls, South Dakota, this 10th day of November, 2009.
APPROVED BY THE
COMMISSION:
John Pekas, Chairman
ATTEST:
Sandy Kinder, Deputy Auditor
PUBLIC COMMENT
Gordy Swanson, Deputy State's Attorney, introduced Intern Sarah Scherr.
CHG ORDER
Bob Meister, Highway Superintendent, presented Change Order 1 to the construction contract with Black-Top Paving Co. in the amount of $70,621.28. The change order is primarily for an additional 1700 lineal foot of overlay for turning lanes. The turning lanes were to be funded by the city of Brandon, but the city was not able to secure funds. MOTION by Twedt, seconded by Barth to approve Change Order 1 to the contract with Black-Top Paving Co. in the amount of $70,621.28. 5 ayes. This change order increases the total contract cost to $704,631.07. 5 ayes.
BRIEFING
Brad Wilson with Insurance Benefits, Inc. presented the 2010 SDML Workers Compensation Fund Overview. He explained the contribution history, claims, credits, billing, and membership.
TIF
On 10/13/09, the Commission received an update on the status of Tax Increment District #1. Dan Heard with Buffalo Ridge Energy LLC reported that due to a change in market conditions, construction of an ethanol plant was no longer feasible. Mr. Heard has submitted a letter indicating that Buffalo Ridge Energy is requesting that the TIF be terminated. MOTION by Hajek, seconded by Barth to approve Resolution MC09-49. 5 ayes.
RESOLUTION MC 09-49
RESOLUTION TO TERMINATE TIF DISTRICT #1 FOR BUFFALO RIDGE ENERGY, L.L.C.
WHEREAS, the Minnehaha County Board of Commissioners, on November 21, 2006, approved Resolution MC06-77, a Resolution of Notice of Intent to Establish a Tax Increment Finance District for an Ethanol Plant Constructed by Buffalo Ridge Energy L.L.C.; and
WHEREAS, the Minnehaha County Board of Commissioners, on February 6, 2007, approved Resolution MC07-07, a Resolution Creating Tax Increment District Number One; and
WHEREAS, the Minnehaha County Board of Commissioners, on June 19, 2007, approved Resolution MC07-34, a Resolution Approving the Project Plan for Minnehaha County Tax Increment District Number One, for the Buffalo Ridge Energy L.L.C. Ethanol Plant; and
WHEREAS, through the creation of Minnehaha Tax District Number One, property taxes are scheduled to accrue and be distributed to the Tax Increment Financing District; and
WHEREAS, on October 30, 2009, Buffalo Ridge Energy L.L.C. has notified the Minnehaha County Board of Commissioners that there are no viable business plans which would allow for the construction of the Ethanol Facility described in the TIF agreement with Buffalo Ridge Energy, LLC;
NOW, THEREFORE, BE IT RESOLVED, by the Minnehaha County Board of County Commissioners, that all resolutions and agreements relating to the establishment of Minnehaha County Tax Increment District Number One, for the construction of an ethanol plant by Buffalo Ridge Energy L.L.C. are hereby terminated, in accordance with SDCL 11-9-46(2).
BE IT FURTHER RESOLVED, that the Minnehaha County Auditor, is instructed that all tax revenue that has accrued to Tax Increment District Number One be distributed to all the appropriate taxing entities entitled to said tax.
APPROVED this 10th day of November, 2009.
John Pekas, Chairman
ATTEST:
Sandy Kinder, Deputy Auditor
PURCHASE
Kristin Trana, Sheriff's Office Administrative Coordinator, requested authorization for the Sheriff's office to purchase a vehicle off of a state bid award. Initially the request was for a 2010 Chevy Impala. She asked to amend the request and purchase a 2010 Ford Escape instead. She explained that the delivery date for the Impala would have been 60 to 90 days out, whereas the Escape could be delivered before the end of the budget year. MOTION by Hajek, seconded by Twedt to authorize the purchase of one 2010 Ford Escape with options, in the amount of $19,998, off of State contract #15771, awarded to Murdo Ford. 5 ayes.
SURPLUS
At the request of Scott Anderson, Planning Director, MOTION by Hajek, seconded by Barth to declare the following John Deere lawn tractors as surplus for use as parts: 1996, Asset #52930 S/N M00345A022287; and 1997, Asset #55340, S/N M00345B027938. 5 ayes.
RFP
Warden Tim Devlin reported that proposals for Comprehensive Institutional Healthcare Services for the Minnehaha County Jail were opened on 11/4/09. Two firms submitted proposals, 1) Correct Care Solutions of Nashville, TN, and 2) Correctional Healthcare Management of Greenwood Village, CO. He recommended that an evaluation team consisting of himself, Gordy Swanson (SAO), Sue Roust (Auditor), Ken McFarland (Commission), and other members appointed by the Sheriff, review the proposals and interview both firms before bringing a recommendation to the Commission. Commissioner Twedt noted that the County has received good service with the current provider.
TAX DEED
Sue Roust, Auditor, reported that the Tax Deed Auction scheduled for 11/5/09 was cancelled due to payment of the back taxes. She presented a resolution to restore the tax deed and reported that a sufficient amount was collected to cover other fees such as advertising. MOTION by Hajek, seconded by Kelly to approve Resolution MC09-50. 5 ayes.
RESOLUTION MC09-50
WHEREAS, Minnehaha County holds under Tax Deed proceedings Deed #2507, RDID# 35721, covering property legally described as:
Lot 2 in Block 2 of Hilltop Heights Addition to the City of Sioux Falls, Minnehaha County, South Dakota, according to the recorded plat thereof; and
WHEREAS, James L Golic, 2805 E 18th Street, Sioux Falls, SD 57103, is the prior record owner of the above described property; and
WHEREAS, SDCL 10-25-41 provides for the restoration of title to said record owner upon payment of all taxes, interest, and cost represented in the Tax Deed; and
WHEREAS, A David Wehde on behalf of James L Golic has deposited $6,951.19 with the Minnehaha County Treasurer, this amount representing all the taxes, assessments, interest, and costs owing on said Tax Deed; now, therefore, be it
RESOLVED, by the Minnehaha County Commission, that the property be restored to James L Golic, and that the Minnehaha County Treasurer is hereby authorized to issue a quitclaim deed thereto.
Dated at Sioux Falls, South Dakota, this 10th day of November, 2009.
Approved by the Commission:
John Pekas, Chairman
ATTEST:
Sandy Kinder, Deputy Auditor
DRAINAGE
Pursuant to deferral on 11/3/09, Phil Kappen, Assistant Planning Director, was present to consider drainage permit applications 09-149 and 09-150. He explained that the applicant, Vern McAreavey, has applied for permits to keep drain tile that was already installed on his property in Sections 17 and 20 of Clear Lake Township, but in excess of what was permitted. Gordy Swanson, Deputy State's Attorney, explained that the commission action today would be to approve or deny the permits for this work, which exceeds the scope of permits initially granted to this applicant. Other procedures are available for persons who feel they have been wronged through a drainage situation. Mr. Swanson commented that whether the applicant deliberately installed more tile than indicated is debatable. He urged the Commissioners to act on the merits of the applications, and not merely deny them automatically because the scope of the drainage work had exceeded the original permits. He advised them that they do still have the discretion to either approve or deny the applications. Commissioner Barth stated that he has toured the area where the drainage tile was installed and that he was not certain that all the flooding has happened since this tile was put in, noting the wet summer, and past wet seasons. Commissioner Kelly did not believe the work in excess was done intentionally, but acknowledged that there were interpretation gaps and was reluctant to have the applicant pull the tile based on that. Commissioner Barth was reluctant to make a decision based on what is seen on paper and believed the situation should be looked at on the ground. Commissioner Pekas commented on photos shown last week from 1937, during a time of drought showing one of the lakes as totally dry. From that time forward, the lakes began filling as two lakes and have now turned into one due to water draining into it for quite some time. The drainage tile may have accelerated that. Last week, the McAreaveys acknowledged that there was a misunderstanding in the application process, that they gave only general information on the projects, and that the work exceeded the expectations given to the Planning department. MOTION by Twedt, seconded by Hajek to deny drainage permit 09-149 and 09-150 because more tile than staff envisioned was installed thus possibly increasing the scope of the drainage and the speed with which the drainage would occur. 3 ayes, Barth and Kelly - nay.
OLD BUSINESS
Gordy Swanson, Deputy State's Attorney, gave an update on a proposed sidewalk for Fred Assam School. He explained that county staff, along with representatives of the school and Pine Lake Hills subdivision, are working towards a resolution. The school and homeowners will need to work out securing right-of-ways from those property owners that the path will cross.
Commissioner Barth announced that the city of Sioux Falls will place a material on Klein Avenue in Klein Subdivsion to improve the road surface and will plow that street during the winter.
MOTION Barth, seconded by Kelly to adjourn into Executive Session for contract negotiation. 5 ayes. Following the Executive Session, the Commission adjourned until 5:00 p.m. on Monday, November 16, 2009.
APPROVED BY THE
COMMISSION:
John Pekas, Chairman
ATTEST:
Sandy Kinder, Deputy Auditor
Published once at the total approximate cost of $235.40.
1242234-02 Nov. 18, 2009
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