January 24, 2012
The Board of Education of the Baltic School District met in special session on January 24, 2012 at 7:01 p.m. in the administrative office conference room with the following members present or absent:
Present: Haagenson, Krogstad, Johnson, Liester & Brende
Absent: None
Officers and Other Persons Present: R. Sittig, Supt/Elem. Principal
Haagenson called the meeting to order.
Approval of Agenda:
Action #12-94: Motion by Johnson, seconded by Krogstad to approve the agenda as amended. All ayes.
Updates:
Superintendent Sittig updated the board on the building projects.
Evaluations:
The board discussed the evaluations of school board operations.
Executive Session:
Action #12-95: Motion by Krogstad, seconded by Brende at 7:44 p.m. to enter executive session for a personnel matter to conduct the annual evaluation of the superintendent. All ayes.
Executive session ended at 8:35 p.m.
Adjournment:
Action #12-96: Motion by Brende, seconded by Liester at 8:36 p.m. to adjourn. All ayes.
____________________
Presiding Officer
____________________
Business Manager
Published once at the total approximate cost of $29.98.
1369462 Feb. 1, 2012

School Board Proceedings
The Dell Rapids School District Board of Education met Monday, January 23, 2012 at 7:00 p.m. in the high school distance learning room with the following members present: Brian Davis, Tom Morris, Troy Randall, Cindy Schuch, and Matt Weiland. Absent: None.
Administration and other persons present: Tom Ludens, Superintendent; Barbara Littel, Business Manager; Amanda Downs.
President Davis called the meeting to order at 7:00 p.m. and the Pledge of Allegiance was recited.
12-080 Motion by Weiland, seconded by Randall, to approve the agenda as published. All voted aye.
The board reviewed a lease agreement to be used for long-term rental of areas in the old elementary school.
12-081 Motion by Schuch, seconded by Weiland, to approve open enrollment application #12-21. All voted aye.
12-082 Motion by Randall, seconded by Morris, to go into executive session at 7:30 p.m. for the purpose of discussing personnel (SDCL 1-25-2, 1). All voted aye.
Davis declared the board out of executive session at 8:37 p.m. and adjourned the meeting.
__________________________
Brian Davis, President
(unofficial until approved by the Board of Education)
__________________________
Barbara Littel, Business Manager
Published once at the total approximate cost of $22.78.
1369077 Feb. 1, 2012

NOTICE OF PUBLIC HEARING
Pursuant to SDCL 11-4-4, notice is hereby given that the Dell Rapids City Council will hold a public hearing on February 21, 2012, regarding adoption of the revised Official Zoning Map for the City of Dell Rapids, which has been recommended by the Dell Rapids Planning Commission. A copy of the proposed Official Zoning Map is available for public review at the Dell Rapids City Hall in the office of the Finance Officer during regular business hours.
The City Council public hearing will be held at the following time, date and location:
7:30 p.m.
February 21, 2012
Dell Rapids City Hall
The purpose of this hearing is to explain the proposed revisions to the Official Zoning Map for the City of Dell Rapids to interested persons, to answer questions regarding this item and to hear public comment on this item. The City Council invites all interested persons to attend and offer their comments. Those interested persons not able to attend are invited and encouraged to send written comments, prior to the hearing, to the Dell Rapids City Administrator, PO Box 10, Dell Rapids, SD 57022.
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this hearing, please contact the Finance Officer at (605) 428-3595. Anyone who is deaf, hard-of-hearing or speech-disabled may utilize Relay South Dakota at (800) 877-1113 (TTY/Voice). Notification 48 hours prior to the hearing will enable the City to make reasonable arrangements to ensure accessibility to this hearing.
LeAnn Kerzman
Finance Officer
Published once at the approximate cost of $27.87.
1369458 Feb. 1, 2012

FACT OF ADOPTION
An ordinance amending Ordinance MC28-01 the 2001 Revised Joint Zoning Ordinance for Minnehaha County and the City of Dell Rapids. The Minnehaha County Board of Commissioners adopted Ordinance on January 10, 2012. This ordinance amended Ordinance MC28-01 the 2001 Revised Joint Zoning Ordinance for Minnehaha County and the City of Dell Rapids by Article 11.50 EO EROS Overlay District.
The entire ordinance is on file in the office of the County Auditor and available for inspection during regular business hours.
_______________________
Finance Officer
Published once at the total approximate cost of $17.61.
1369457 Feb. 1, 2012

DELL RAPIDS CITY COUNCIL
MINUTES
Tuesday, January 17, 2012 at
7:30 p.m.
Mayor Fiegen called the Dell Rapids City Council regular meeting to order at 7:30 p.m. at the Council Chambers in City Hall. The Pledge of Allegiance was recited and roll was taken finding the following Council Members present: Vice-President Keith DeLange, Mark Downs, Craig Lauritzen, Carrie Testerman, President Todd Wiebenga and Mayor Scott Fiegen. Absent: Doug Grovenburg, John Paul and David Sommerfeld.
Staff Present: City Administrator, Justin Weiland, Finance Officer, LeAnn Kerzman and City Attorney, Dean Hammer.
Approval of Agenda: Testerman moved and Downs seconded the approval of the agenda. Motion carried unanimously.
Minutes: Downs moved and Lauritzen seconded to approve the minutes of the regular council meeting held on January 3, 2012. Motion carried unanimously.
Claims Approved: Lauritzen moved and Downs seconded to approve the following claims as presented. Motion carried unanimously.
A-Ox Welding Supply, cylinder rental/gloves 166.60; Argus Leader, publishing 138.32; Avera Medical, office visit-Fire Dept 97.00; Baumberger Vineyard, Dec wine 240.00; Beal Dist, Dec malt 27,374.54; City of Dell Rapids, utilities 47.60; City of Sioux Falls, tire disposal/water test 303.72; Concrete Materials, cold mix 1030.50; Dakota Beverage, Dec malt 18,998.50; DR Ace Hardware, supplies 51.92; DR Lumber Co, hole saw 8.99; Dells Diesel, fire maintenance 606.12; Dells Electric, welcome sign repair 1115.00; Denny's Electric, lights/repair 348.38; Entringer Backhoe, service digs 459.18; Global Distributing, Dec malt 226.25; Goldenwest, Jan phone 793.42; Hanson Logowear, uniforms 812.48; HD Supply, gaskets 68.80; Hoffman Sanitation, utility 60.00; Johnson Brothers, Dec liquor 9483.23; Linweld, tank rental 31.62; M&T Fire and Safety, mask repair 37.50; Midwest Oil Co, supply 283.00; NAPA, parts 209.90; Newman Signs, signs 4247.90; Northern Truck Equipment, supplies 419.44; One Call, locates 108.84; RDO Equipment, motor grader 220,826.00; Republic, Dec liquor 6930.26; Schade Vineyard, Dec wine 324.00; SD DENR, wastewater fee 2500.00; SD DOL, unemployment insurance 2.35; SD Dept of Revenue, sales tax 16.19; SEAFOG, dues 90.00; Sioux Falls Area Humane Society, animal control 318.78; Strawbale Winery, Dec wine 456.00; Verizon, Jan phones 113.33; Vogt, Brown, Merry & Hammer, Jan retainer 2000.00; Xcel Energy, street lights/electricity 5084.63.
Second Reading Ordinance #752 - Amending Additional On-Sale Alcoholic Beverage Licenses: An ordinance to adjust the number of on-sale licenses available within Dell Rapids as the state has issued the additional license requested for Dells Bowl due to the census update. Downs moved and DeLange seconded to approve. Roll call vote. Aye: DeLange, Downs, Lauritzen, Testerman and Wiebenga. Motion carried five (5 Aye) to zero (0 Nay).
ORDINANCE #752
Amending Additional On-Sale Alcoholic Beverage Licenses Sec. 4-15
AN ORDINANCE OF THE CITY OF DELL RAPIDS, SOUTH DAKOTA, PROVIDING THAT THE REVISED ORDINANCES OF THE CITY OF DELL RAPIDS, SOUTH DAKOTA, AMENDED SECTION 4-15; INCREASING ALCOHOLIC BEVERAGE LIQUOR LICENSEES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELL RAPIDS, SOUTH DAKOTA:
Section 1. That the Revised Ordinances of the City of Dell Rapids, South Dakota, be amended by revising Section 4-15 thereto, to read as follows:
"Sec. 4-15. Additional on-sale alcoholic beverage licenses.
Pursuant to SDCL 35-4-11, there is hereby fixed and determined, for possible issuance and use, four (4) additional on-sale alcoholic beverage licenses within the city, in addition to the license of the city and the "grandfathered" former class "Q" license of the former "Dutch Inn." Each license, if issued, shall be issued in the name of the city and used by the successful applicant-operator under an operating agreement in accordance with SDCL 35-4-21. All alcoholic beverages shall be purchased from the municipal off-sale establishment. The fee for each license, to be paid by the successful applicant-operator, shall be one thousand two hundred dollars ($1.200.00) per year.
Adopted this 17th day of January 2012.
FOR THE GOVERNING BODY OF THE CITY OF DELL RAPIDS, SOUTH DAKOTA
y /s/ Scott Fiegen, Mayor
ATTEST:
By /s/ LeAnn Kerzman,
Finance Officer
Carnegie Library: Gayle Mack, Project Designer from SEH, was present to brief the council on the plans completed to date on the proposed library expansion. Tom Early and JoAnn Beck were also present. Water and sewer line work needs to be completed at an approximate cost of $300,000 and there is a gap in the funding compared to the cost of the project of an additional $500,000. The group is looking for assistance from the city or from any additional sources so the expansion can move forward. No council action taken.
Dell Rapids Transit - Funding Decisions: Weiland continues to looks into additional options to replace lost revenue because of federal budget cuts to the program. Motion by Wiebenga and seconded by Testerman to eliminate the one full-time position and replace with two part-time positions.
Trash Haulers License Renewal Applications: Two applications have been received from the following haulers: Bolte's Sunrise and Van Dyke Sanitation. Lauritzen moved and Wiebenga seconded to approve the two applications provided they have completed all of their requirements for the license. Motion carried unanimously.
SRF Loan for Water Metering Project: Weiland reported that the city did receive approval for a ten year loan for $300,000 at a rate of 2.25% with principal forgiveness of $30,000. Loan to be paid from water fund revenues. Weiland requested direction from the council. Lauritzen moved followed by a second from Wiebenga, to move forward with the project. Motion carried unanimously.
Wyland's Addition Street Resurfacing - Engineering Contract: Weiland presented an engineering contract from DGR for the subgrade preparation and four (4) inches of asphalt overlay, valley gutters and sidewalk radius corrections for the Wyland's Addition. Project would be kept within the budgeted amount of $400,000. Discussion ensued regarding street work for the city. Downs moved to table the agreement. Testerman seconded the motion. Motion carried unanimously.
Visitors to be heard: None.
City Administrators Report: Justin Weiland reported on the following:
• Notice of Vacancy has been published for the four vacant seats. One in each ward.
• Flood Plain training will be held February 20-23 in Oacoma and Weiland will be attending.
• SE Sanitary Sewer Update - lift station and force main locations are being evaluated and a map has been sent to GeoTek for soil boring to be completed. Recommendations will be forthcoming.
• Planning & Zoning will be considering related fee increases and additions and having a public hearing on Tuesday, January 24 to adopt an amended zoning map.
• Legislative Rib Dinner to be held February 7 with informative sessions from SDML and a day with the legislature on Wednesday, February 8.
• City was awarded 50/50 funds for the purchase of a chop saw through a grant through SD Workers Compensation Fund.
Claims Approved for Payment by Other Municipal Boards - Library Board Claims: Advanced Systems, copier 2,145.00; Book Page, subscription 282.00; Ingram, 6 books 109.47; MicroMarketing, 1 book 35.99; SD Dept of Labor, unemployment insurance 6.06.
Downs moved and DeLange seconded to adjourn the meeting. Motion carried unanimously. Meeting adjourned at 9:20 p.m.
LeAnn Kerzman
Finance Officer
Published once at the total approximate cost of $94.74.
1369456 Feb. 1, 2012

CIV: 12-15
NOTICE OF HEARING FOR ADULT NAME CHANGE
STATE OF SOUTH DAKOTA)
:SS
COUNTY OF MINNEHAHA)
IN CIRCUIT COURT
SECOND JUDICIAL CIRCUIT
In the Matter of the Petition of
Charles Antonio Pontiero
For a Change of Name to
Alessia Pontiero
NOTICE IS HEREBY GIVEN a Verified Petition for Adult Name Change has been filed by Charles Antonio Pontiero the object and prayer of which is to change Petitioner's name from Charles Antonio Pontiero to Alessia Pontiero. On the 27th day of February, 2012, at the hour of 1:30 pm said verified petition will be heard by this Court before the Honorable Judge Stuart Tiede Presiding, at the Court Room in the Minnehaha County Courthouse, City of Sioux Falls, Minnehaha County, South Dakota, or as soon thereafter as is convenient for the court. Anyone may come and appear at that time and place and show reasons, if any, why said name should not be changed as requested.
Dated this 4th day of January, 2012 at Sioux Falls, South Dakota.
ANGELIA M. GRIES
Clerk of Court
By: /s/ _____________
Deputy
Jan. 11, 18, 25
1367288 & Feb. 1, 2012

THE MINNEHAHA COUNTY COMMISSION CONVENED AT 9:00 A.M., January 24, 2012 pursuant to adjournment on January 17, 2012. Commissioners present were: Barth, Pekas, Kelly, and Beninga. Commissioner Heiberger was absent. Also present were Cindy Jepsen, Commission Recorder, and Gordy Swanson, Chief Civil Deputy State's Attorney.
Chairman Kelly called the meeting to order.
MOTION by Barth, seconded by Pekas to approve the agenda. 4 ayes.
MOTION by Beninga, seconded by Pekas to approve the January 17th, 2012 minutes. 4 ayes.
VOUCHERS TO BE PAID
MOTION by Beninga, seconded by Barth to approve the following bills totaling $265,587.49. 4 ayes.
A & B Business Equip, Var. Depts, 1,299.73; A To Z World Languag, Var. Depts, 425.00; Allied Oil & Tire Co, Hwy Constr, 103.50; Appeara / Dudley Lau, Hwy Constr, 34.01; Arena Motel, Var. Depts, 700.00; Argus Leader, St Atty, 92.52; Avera Heart Hosp Of, Human Svcs, 18,124.19; Avera McKennan Hospi, Var. Depts, 1,228.43; Backhaus, Roger, Dba, Human Svcs, 375.00; Benz, Vergil C, Human Svcs, 575.00; Boyer Trucks Sioux F, Hwy Constr, 1,181.49; Bristol Court Ltd Pt, Human Svcs, 500.00; Brown & Saenger, St Atty, 3,280.20; Builders Supply Comp, Safe Home, 15,595.00; C & R Supply Inc, Hwy Constr, 39.36; Carper, Nichole A, Courts, 228.60; CBM Managed Services, Var. Depts, 13,653.06; Cedar House Apts Llc, Human Svcs, 304.00; Century Business Pro, Var. Depts, 356.61; Certified Languages, Courts, 174.90; City Centre Hotel Co, Courts, 166.64; Claims Associates, I, Insurance, 5,000.00; Cliff Avenue Auto Pa, Hwy Constr, 23.57; Communication Svcs F, Var. Depts, 2,231.50; Connecting Point, Var. Depts, 705.00; Constellation New En, Facilities, 17,855.09; Construction Product, Hwy Constr, 168.00; Country View MHC, Human Svcs, 400.00; Dakota Riggers & Too, Hwy Constr, 15.89; Dearborn, Lori, Human Svcs, 92.50; Decastro Law Office, Courts, 123.00; Delux Motel / Dakota, EFSP Fund, 395.00; Dialnet/Ahrens Telec, Var. Depts, 220.46; Doop, Michael, Human Svcs, 350.00; Ebert's Properties, EFSP Fund, 3,680.00; Ecolab, Safe Home, 234.38; Ecolab Food Safety S, Safe Home, 876.82; Electric Supply Co., Var. Depts, 759.85; Electronic Engineeri, Em Mgmt, 600.00; Engbrecht, Roger, Human Svcs, 400.00; Erpenbach, John E, Mental Ill, 1,057.50; Express Copy And Pri, Mus Ops, 68.25; First Dakota Nationa, Human Svcs, 300.00; First Premier Bank, Sheriff, 58.30; Fox, Youngberg & Lew, Mental Ill, 342.32; G&W, Inc Dba Gary Co, Human Svcs, 111.49; Goebel Printing, Inc, Treasurer, 1,988.28; Goodge, Adam, Mus Store, 168.00; Gourley Properties I, Human Svcs, 500.00; Grainger, Inc., Var. Depts, 516.14; Great Plains Psychol, Courts, 805.00; Gritware, Llc, Info Tech, 1,564.50; Guzman, Sandra V., Var. Depts, 50.00; Haj Inc Dba, EFSP Fund, 338.00; Heimdal, Marie Ann, Courts, 138.00; Help!Line Center Inc, Human Svcs, 4,375.00; Howalt-McDowell Insu, Hwy Admin, 50.00; Hurtgen, Timothy T/P, Human Svcs, 380.00; I State Truck Center, Hwy Constr, 82.45; Interpreter Services, Courts, 420.00; Interstate All Batte, Sheriff, 103.95; Interstate Office Pr, Var. Depts, 161.24; Interstate Power Sys, Em Mgmt, 62,278.00; J & S Hospitality Db, Var. Depts, 1,020.00; JCL Solutions-Janito, Var. Depts, 1,571.11; Jefferson Partners L, Human Svcs, 338.20; Johnson Controls, In, Pettigrew, 139.86; Keystone Treatment C, Courts, 520.00; Kmart Pharmacy #7306, Human Svcs, 200.58; Kone, Inc., Var. Depts, 800.00; Lassegaard, Samuel C, Human Svcs, 325.00; Lewis & Clark BHS, Mental Ill, 1,788.00; Ludoc Enterprises In, Jail, 888.00; Lutheran Social Svcs, Var. Depts, 150.00; Mathison Company, Hwy Admin, 25.96; Med-Star Paramedic I, Coroner, 300.00; Medical X-Ray Center, Human Svcs, 9.48; Menards - East, Var. Depts, 41.42; Meridian Grain Llc, Hwy Constr, 5,938.57; MidAmerican Energy C, Var. Depts, 1,711.55; Midwest Oil Company, Hwy Constr, 1,868.19; Miller Funeral Home, Human Svcs, 1,548.30; Minn Cnty Pub Def Pe, Public Def, 68.59; Minn Cnty So Petty C, Sheriff, 113.26; Moore, Rasmussen, Ka, Courts, 828.20; Morse Correctl Healt, Jail, 600.00; Mower County(MN) She, St Atty, 80.00; Nat'l 4-H Council-Su, Extension, 4.83; Nguyen, Lam, Courts, 25.00; Nies Properties Llc, Human Svcs, 400.00; Nies, Alton J, Human Svcs, 400.00; North American Rescu, Sheriff, 331.43; Office Depot, Inc., Info Tech, 1,343.08; Palmer, Barbara, Mental Ill, 3,037.50; Pennington County Ja, Jail, 6,818.20; Preston County (WV), St Atty, 25.00; Quality Efficiencies, Var. Depts, 2,530.00; Quest Engineering, I, Hwy Constr, 325.08; R & L Supply, Ltd, Bldg Fund, 1,358.28; Rescue One, Em Mgmt, 10,650.00; Reta, Michelle, Human Svcs, 400.00; Rural Metro Ambulanc, Var. Depts, 660.05; Sanford Hospital - R, Human Svcs, 400.00; Sanford Hospital Med, Courts, 99.50; Sanford Occupational, Hwy Admin, 135.75; Satisfaction Plus In, EFSP Fund, 2,650.92; Schoenfelder, Shane, Human Svcs, 500.00; SD Dept Of Public Sa, Human Svcs, 20.00; SD Div Of Criminal I, Human Res, 43.25; SD Secretary Of Stat, Hwy Admin, 30.00; SD State Bar, Public Def, 290.00; Security Labs, Ltd, Info Tech, 399.00; SF Leased Housing As, Human Svcs, 400.00; SF Surgical Hospital, Human Svcs, 483.00; Shi, International C, Info Tech, 95.92; Simon, Anthony, Commission, 55.00; Sioux Equipment Co I, Hwy Constr, 4,800.00; Sioux Falls City Fin, Var. Depts, 1,609.60; Sioux Falls Housing, ARRA-HPRP, 224.00; Sioux Falls Humane S, Humane Soc, 3,556.95; Sioux Falls Rubber S, Hwy Admin, 47.70; Sioux Falls School D, Mus Entpr, 155.54; Sioux Falls Utilitie, Var. Depts, 2,816.17; Sioux Valley Energy, Var. Depts, 243.66; Skorczewski, Jena, Courts, 1,049.60; Solomon, Ghirmay, Courts, 133.33; Southeastern Behavio, Mental Ill, 5,209.34; Stoney Creek Townhom, Human Svcs, 300.00; Storer, Dave, Human Svcs, 248.00; Storhaug, Adrean, Human Svcs, 450.00; Streff, Ryan, Planning, 45.43; Sunshine Foods, Human Svcs, 59.92; Sutton, Thomas, Human Svcs, 250.00; Szameit, Alexandra, Var. Depts, 179.17; Taylor Place Llc, Human Svcs, 500.00; Thorin, Deyanira T, Courts, 313.33; Thurman, Creighton A, Mental Ill, 179.86; Tires,Tires,Tires In, Sheriff, 741.77; Tool Depot, Hwy Constr, 384.47; Town Estates Llc, Human Svcs, 500.00; Tsp, Inc., Cap Proj, 4,260.00; Unitech, Inc/United, Info Tech, 2,106.00; US Clerk Of Courts, St Atty, 14.00; US Postmaster, Elections, 75.00; Volunteers Of Americ, Jail, 1,345.22; VP1 Llc, EFSP Fund, 179.99; Walgreen Co., Human Svcs, 44.88; Wali, Khadija M., Courts, 100.03; Xcel Energy, Inc., Var. Depts, 9,876.20; Yankton County Treas, Mental Ill, 103.75; Zabel Steel Co., Hwy Constr, 274.80
REPORTS
The Register of Deeds Official Statement of Revenues Collected in December 2011 was received and placed on file in the Auditor's Office.
PERSONNEL
MOTION by Pekas, seconded by Barth, to approve the following personnel changes. 4 ayes.
1. To hire Alyssa Powell as a part-time Safe Home Program Worker (9/2) for Safe Home at $13.385/hour effective 1/21/12.
2. To promote Roger Stansell from Highway Crew Chief (16/11) to Highway Maintenance Supervisor (19/8) for the Highway at $25.434/hour effective 1/17/12.
3. To transfer Melinda Storley from Corrections System Operator to Administrative Clerk (9/9) for the Jail at $16.747/hour effective 1/20/12.
4. To correct the memo dated 1/17/12 which should have reflected the title of Corrections System Operator (9/1), as opposed to part-time Correctional Officer in Training (12/1), for Gail Scott, at $13.745/hour for the Jail.
Step Increases Due:
1. Lynn DeYoung - Director of Emergency Management - Emergency Management - 24/4 to 24/5 - 12/27/11 - $2,804.96/bi-weekly
2. Lloyd Olson - Director of Facilities - Facilities - 24/4 to 24/5 - 12/27/11 - $2,804.96/bi-weekly
3. Patricia Allen, Safiya Godi, and Sandra Wardell - Custodian - Facilities - 6/4 to 6/5 - 12/27/11 - $12.429/hour
4. Michael Newkirk - Juvenile Correctional Officer I - Juvenile Detention Center - 12/9 to 12/10 - 1/17/12 - $18.912/hour
5. Joshua Phillips - Deputy Sheriff - Sheriff's Office - 16/8 to 16/9 - 12/27/11 - $23.663/hour
6. Tracie Lohrman - Correctional Officer - Jail - 13/7 to 13/8 - 1/12/12 - $19.907/hour
7. Kurt Schaunaman - Correctional Officer - Jail - 13/5 to 13/6 - 1/13/12 - $18.948/hour
8. Patricia Hughes - Corrections System Operator - Jail - 9/11 to 9/12 - 1/12/12 - $18.035/hour
ABATEMENT
MOTION by Barth, seconded by Pekas to approve the following 2011 property tax abatement representing tax exempt properties; Minnehaha County, ID # 77679, $357.63 & ID # 76391, $39.55 (includes $30.80 for street maintenance). 4 ayes.
LIENS
Commissioner Pekas gave a briefing on a request for compromise of lien for DPNO 50082 in the amount of $546.22. The lien is for Public Defender services in 2003 in the amount of $207.70 and Court Appointed Attorney services in 2011 in the amount of $338.52. No payment has been made on the account. The applicant is asking for a release from the $338.52 Court Appointed Attorney charge, since charges against him were dropped prior to going to trial. Chairman Pekas stated that the position of the commission has always been that although the county does subsidize attorneys, either from the public defender's office or a court appointed attorney, the ultimate obligation is on the person who requested those services to pay the bill, regardless of the outcome. MOTION by Beninga, seconded by Barth to deny the request for compromise of lien for DPNO 55582. 4 ayes.
Commissioner Pekas gave a briefing on a recommendation from Hauge Associates for a compromise of lien for DPNO 63840 in the amount of $329.80. The lien is for poor services in July of 2007. The applicant is deceased and the attorney representing her estate is requesting a compromise and release of the lien in full upon payment of $164.90. Hauge Associates is recommending acceptance of their request. MOTION by Pekas, seconded by Barth to approve Resolution MC12-03.
RESOLUTION MC12-03
WHEREAS, a County Aid Lien in the amount of $329.80 purports to exist in favor of Minnehaha County and against DPNO 63840 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 in full upon payment of $164.90.
If payment is not made within one year from approval, this agreement is null and void.
Dated at Sioux Falls, South Dakota, this 24th day of January, 2012.
APPROVED BY THE
COMMISSION:
Dick Kelly
Chairman
ATTEST:
Cynthia Jepsen
Deputy County Auditor
AGREEMENTS
Kristin Trana, Administrative Coordinator, Sheriff's Office, presented an annual agreement to participate in the Federal Equitable Sharing Program. The program allows for participants to receive a share of federally forfeited proceeds that may be used for law enforcement purposes. MOTION by Barth, seconded by Beninga to authorize the Chairman to sign the Federal Equitable Sharing Agreement and Certification. 4 ayes.
RURAL FIRE FUND SUPPLEMENT
Lynn DeYoung, Emergency Management Director, gave a briefing on a recommendation from the rural fire chiefs to use $25,000 from the fire fund reserve to reactivate and enhance the voice paging system from Metro Communications. This would improve the communication capabilities of the rural fire departments. The project will cost approximately $54,000 to complete, with the balance of the project funded by Homeland Security Grants. MOTION by Barth, seconded by Beninga, to authorize the Auditor to post notice of hearing on February 7, 2012 to supplement from the Rural Fire Fund to the Rural Fire Budget for an expenditure of $25,000 for upgrades to the Rural Fire Chief's Radio Project. 4 ayes.
LEASE
Ken McFarland, Commission Administrative Officer, gave a briefing on the 2012 lease agreement between Minnehaha County and CASA (Court Appointed Special Advocate). Under the terms of the agreement, CASA will pay $7,000 to lease 1,500 square feet of office space on the first floor of the Extension Building. CASA will make four payments in the amount of $1,750 at the beginning of each quarter. The County pays for heat, electricity, and janitorial service. The lease may be terminated upon 60 days written notice. MOTION by Beninga, seconded by Barth, to authorize the Chairman to sign the 2012 lease agreement between Minnehaha County and CASA. 4 ayes.
MEETING START TIME
Ken McFarland, Commission Administrative Officer, gave a briefing on issues related to changing the start time of the county commission meetings from 9:00 a.m. to 8:30 a.m. Several department heads, specifically the attorneys, stated an 8:30 a.m. start time for the commission meetings would work better for them because of the 9:00 a.m. start time for courts. Commissioners also discussed the option of a 5:00 p.m. meeting start time. MOTION by Barth, seconded by Pekas to defer this item to the commission meeting on January 31, 2012. 4 ayes.
LEGISLATIVE BRIEFING
Robert Wilson, Assistant Commission Administrative Officer, Kyle Helseth, Interim Director of Equalization and Daren Ketcham from Metro Communications gave briefings on pending legislation that have a potential impact on county government.
OLD BUSINESS
Commissioners Pekas, Kelly and Barth spoke on the issue of retaining local control and encouraged people to contact their state representatives to express their support of this issue.
MOTION by Pekas, seconded by Barth to adjourn into Executive session for personnel discussions. 4 ayes.
The Commission adjourned until 9:00 a.m. on Tuesday, January 31, 2012.
APPROVED BY THE
COMMISSION:
Dick Kelly
Chairman
ATTEST:
Cynthia Jepsen
Deputy Auditor
Published once at the total approximate cost of $130.99.
1369452 Feb. 1, 2012

Pro. 12-12
NOTICE TO CREDITORS
STATE OF SOUTH DAKOTA)
:SS
COUNTY OF MINNEHAHA)
IN CIRCUIT COURT
SECOND JUDICIAL CIRCUIT
In the Matter of the Estate of
MARK A. VAN LIERE,
Deceased.
Notice is hereby given that on the 23rd day of January, 2012, Douglas Van Liere, whose address is 737 NE 3rd Street, Madison, South Dakota, 57042, was appointed as Personal Representative of the Estate of Mark A. Van Liere, 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 23rd day of January, 2012.
/s/ Douglas Van Liere
Douglas Van Liere -
Personal Representative
737 NE 3rd Street
Madison, South Dakota 57042
ANGELIA M. GRIES
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
Published three times at the total approximate cost of $53.83.
1369461 Feb. 1, 8 & 15, 2012

Pro. 12-11
NOTICE TO CREDITORS
STATE OF SOUTH DAKOTA)
:SS
COUNTY OF MINNEHAHA)
IN CIRCUIT COURT
SECOND JUDICIAL CIRCUIT
In the Matter of the Estate of
ERNEST D. MERRY,
Deceased.
Notice is hereby given that on the 19th day of January, 2012, Keith E. Merry, whose address is 408 N. Washington Avenue, Dell Rapids, South Dakota, 57022, was appointed as Personal Representative of the Estate of Ernest D. Merry, 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 19th day of January, 2012.
/s/ Keith E. Merry
Keith E. Merry -
Personal Representative
408 N. Washington Avenue
Dell Rapids, South Dakota 57022
ANGELIA M. GRIES
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
Published three times at the total approximate cost of $53.83.
1369460 Feb. 1, 8 & 15, 2012