August 2010
LINCOLN
COUNTY COMMISSION
July 13, 2010
The Lincoln
County Board of
Commissioners met at
8:30 A.M. on July 13,
2010 with members Jason
Melcher, David
Gillespie, Jim Schmidt,
Dennis Weeldreyer and
Dale Long present. The
meeting was called to
order with the Pledge of
Allegiance to the Flag.
The Auditor was Clerk of
the Board.
A motion by Long and
seconded by Weeldreyer
that the minutes of July
6, 2010 be approved.
Motion carried.
Mileage logs for county
vehicles were presented
for June, 2010.
The Sheriff’s Mileage
report for the month of
June 2010 was presented.
Motion by Weeldreyer and
seconded by Long to
authorize the 911
Coordinator to replace
the repeater in
Fairview. Motion
carried.
Motion by Gillespie and
seconded by Weeldreyer
to approve out of county
travel for Jessica
Sommervold to travel to
Sioux Falls, SD for a
Wage-Hour and FMLA
Seminar for SD Public
Agencies on August 19,
2010. Motion carried.
RESOLUTION: BE IT
RESOLVED that the
Lincoln County Board of
County Commissioners do
hereby support the
Vietnam Memorial
Education Center. Motion
by Melcher and seconded
by Gillespie. All
Commissioners voted
“Aye”.
RESOLUTION: WHEREAS the
Notice of Hearing was
published for the
transfer of Retail
on-sale Liquor License
from Truck Towne,
Carlson Tract 2, South
Half of the Southwest
Quarter (S1/2SW1/4) of
Section 31, Township 96,
North, Lincoln County,
SD to Smitty’s Pub,
Carlson Tract 2, South
Half of the Southwest
Quarter (S1/2SW1/4) of
Section 31, Township 96,
North, Lincoln County,
SD, NOW THEREFORE BE IT
RESOLVED that the
transfer be approved for
the 2010 license period
and BE IT FURTHER
RESOLVED that Sunday
sales be authorized.
Motion by Gillespie and
seconded by Long. All
Commissioners voted
“Aye”.
Motion by Long and
seconded by Gillespie to
issue a letter of
support to the South
Dakota Association of
County Commissioners for
the 911 Surcharge
Resolution passed by the
Bennett County Board of
Commissioners to
temporarily increase the
911 surcharge to help
defray the cost of 911
PSAP and 911 responder
costs until the State
makes a final decision
on a permanent funding
protocol. Motion and
second were withdrawn.
Motion by Melcher and
seconded by Weeldreyer
to authorize the
Chairman to execute the
POD grant application by
and between Lincoln
County and the South
Dakota Department of
Health. Motion carried.
Motion by Long and
seconded by Melcher to
authorize the Chairman
to execute the Business
Associate Agreement by
and between Lincoln
County and Total
Administrative Services
Corporation. Motion
carried.
Motion by Long and
seconded by Weeldreyer
that Lincoln County
draft and sponsor a
resolution to be
presented to the SDACC
rules committee to
authorize counties to
perform short term
borrowing when grant
funds will be received
as reimbursement for the
payment of the loan.
Motion carried.
Motion by Weeldreyer and
seconded by Gillespie to
authorize the County
Treasurer to accept
partial payment of taxes
in the amount of $44.43
by July 31, 2010 on
parcel no.
210.10.32.003A and the
sum of $100.00 per month
toward parcel no.
210.20.31.010 which
payment shall be due on
the 30th day of each
month beginning August
31, 2010 and continuing
on the same day of each
month thereafter until
the balance due and
owing Lincoln County,
together with the
accrued interest, is
paid in full. Motion
carried.
RESOLUTION: An ordinance to
provide for the recovery
of costs associated with
development and
maintenance of Lincoln
County’s Geographic
Information System and
the provision of this
data to members of the
public and for setting
forth the terms and
conditions by which
users of the Geographic
Information Systems Data
will be bound.
WHEREAS,
the County of Lincoln
has incurred costs to
establish a Geographic
Information System (GIS)
which serves as the
foundation for all
mapping and GIS
application development
performed by the County;
and
WHEREAS, members
of the public often
request copies of maps
and/or other
compilations of GIS data
created for governmental
purposes; and
WHEREAS, the
County incurs certain
costs for searching,
producing and delivering
GIS data to frequent
users of the GIS data;
and
WHEREAS, the
County desires to
implement measures to
protect the GIS data
from improper use or
dissemination by members
of the public, as well
as to protect the County
from liability for any
errors or discrepancies
that may be contained in
the GIS data; and
WHEREAS, the
County has determined
that its interests are
best served by the
enactment of an
ordinance providing for
licensed use of the GIS
data which will further
provide that members of
the public must comply
with certain
restrictions on the use
and dissemination of the
GIS data as a condition
of its use;
BE IT ENACTED BY THE
COUNTY COMMISSIONERS OF
LINCOLN COUNTY:
SECTION 1. Geographic
Information System
1. Geographic
Information System Data.
(a) The Geographic
Information Services
Department shall
implement and maintain a
Geographic Information
System (GIS) primarily
for the use of the
various agencies of
Lincoln County and, as
authorized by the County
Commissioners herein,
for the limited use of
other persons or
entities. The GIS or the
GIS data may be further
defined in writing by
the GIS Coordinator and
shall be made up of
digital data (GIS data)
electronically created,
collected, formatted,
manipulated or otherwise
maintained by the
Lincoln County
Geographic Information
Services Department.
(b) License Agreement is
required.
It shall be a Class 2
misdemeanor for any
person or entity, to
acquire, maintain, or
use for any application
the GIS data without
first authorizing a
License Agreement issued
by and upon such form as
designated by the
Lincoln County
Geographic Information
Services Department.
The individual or entity
that has obtained
licensed use of the GIS
data from Lincoln County
shall not sublicense,
assign, lease, post on
the internet, transfer,
sell, abuse or intend to
abuse as to commit harm,
allow the use of, permit
access to, distribute,
allow interactive rights
to, or otherwise make
the GIS data available
to any other person or
entity.
The Lincoln County Board
of Commissioners may
grant to other
government/ public
entities, institutions,
organizations or
individuals, access to
the GIS data in exchange
for desired like valued
data or at no cost to
the government entities,
institutions,
organizations or
individual
Any GIS data user will
have an ongoing and
continual duty to notify
any employees, agents,
contractors or other
individuals having
access to the GIS data
as a part of the
authorized use of the
GIS data, of the
restrictions set forth
in this section and to
ensure that the
employees, agents,
contractors or other
individuals comply with
the same;
All licensed users and
the public acknowledge
and understand that the
GIS data is not a
legally recorded map,
survey, or legal
document and that the
GIS data may contain
errors; the GIS data is
for reference only and
may not be used or
relied upon in any other
way;
All licensed users
and the public
acknowledge and
understand that Lincoln
County has provided the
GIS data on an “as
is” basis and makes
no representations,
guarantees or warranties
regarding the GIS data
whatsoever, including
but not limited to
representations,
guarantees or warranties
that the GIS data is fit
for any purpose, or is
accurate, complete or
correct; and further
that Lincoln County
expressly disclaims any
and all liability of any
nature whatsoever
arising out of any use
of the GIS data by any
person or entity;
All licensed GIS data
users and the public
shall defend, release,
indemnify and save and
hold harmless Lincoln
County and its officers,
agents and employees
from any and all claims,
damages, demands,
liabilities, losses,
actions, suits, costs,
expenses, legal fees,
judgments, causes of
action, or other legal,
equitable or
administrative
proceedings of any kind
whatsoever, of or by
anyone whomsoever,
regardless of the legal
theory(ies) upon which
premised, which in any
way result from, are
connected with, or arise
out of, directly or
indirectly, the actions
or omissions of any
person or entity in
connection with any use
of the GIS data obtained
by any person or entity
from Lincoln County,
whether such use is
authorized or
unauthorized, by any
person or entity,
including actions or
omissions of any person
or entity, officers,
employees, agents,
representatives,
invitees, subscription
holders, data users,
sub-consultants, or any
other individual
obtaining access to the
GIS data provided by
Lincoln County;
All licensed GIS data
users shall, upon
request from Lincoln
County, use its best
efforts to assist
Lincoln County in
identifying any
unauthorized use of the
GIS data by any person
or entity that may have
gained possession of the
GIS data provided by the
Lincoln County;
All licensed GIS data
users acknowledge and
understand that any use
it makes of the GIS data
that is not in
compliance with this
section or provided for
by written permission
from Lincoln County will
cause irreparable harm
and significant injury
to Lincoln County and
that Lincoln County may
seek and obtain
injunctive relief
against the subscription
holders, data
requestors, or any
person or entity, for
acting or threatening to
engage in or facilitate
the unauthorized use of
the GIS data, in
addition to any other
equitable or legal
remedies that may be
available to Lincoln
County.
Fees for GIS data. The
GIS data shall be
available in such
formats or products and
for such costs and fees
as are set forth in the
Lincoln County, South
Dakota Spatial Data
Products and Services
Order Form and may be
adjusted as necessary,
by resolution of the
Lincoln County Board of
Commissioners
SECTION 2.
Severability and
Separability
Should any Section,
Sub-section or Provision
of these GIS Regulations
be declared by a court
of competent
jurisdiction to be
invalid or
unconstitutional, such
decision shall not
affect the validity or
constitutionality of the
GIS Ordinance as a whole
or any part thereof
other than the part so
declared to be invalid
or unconstitutional.
Motion by Melcher and
seconded by Weeldreyer.
All Commissioners voted
“Aye”.
Motion by Long and
seconded by Melcher to
authorize the Chairman
to execute the
Termination of Ground
Lease Agreement by
Mutual Consent for Lease
Site K, Unit 6 by and
between Lincoln County
and the Vanguard
Squadron Inc., Lease
Site P, Unit 3 by and
between Lincoln County
and Kim Kusch and Lease
Site Q, Unit 1, by and
between Lincoln County
and David and Ryan Good.
Motion carried.
The following claims
were approved:
General Fund: Jurors,
fees & mileage Ahrendt,
Valorie $129.60; Almond,
Roger $26.28; Alsobrook,
Jolene $21.10; Anacker,
Debbie $176.60; Becker,
Megan $54.04; Bendt,
Lisa $24.80; Benson,
Kristiana $164.40;
Black, Nelan $62.58;
Blanchard, Joel $194;
Blankespoor, Brenda
$259.20; Boyum, Thomas
$13.70; Brandes, Karen
$81.44; Breske, Calvin
$57; Brown, Jenny $114;
Bruns, Sharon $23.32;
Buchholz, Jeanne 124.80;
Chambers, Caryla 24.80;
Damron, Sally $264.40;
Demore, Andrew 61.10;
Dickerson, Ian $433.20;
Donley, William $189.96;
Drew, Brian $132.56;
Eichacker, Daniel
$35.90; Ekle, Betty
$50.74; Elliott,
Kimberly $51.08; Faber,
Larry $17.40;
Falkingham, Austin
$25.54; Fodness,
Mackenzie $39.24; Foss,
Jeremy $97; Freiberg,
Lisa $63.32; Fritz,
Pamela $72.20; Gass,
Kimberly $135.52;
Gilbertson, Curtis
$19.62; Green, Ronda
$28.50; Haar, Joshua
$32.20; Hanson, Brenda
$152.22; Harris, Ryan
$24.80; Harris, Sara
$24.80; Hastings, Eric
$21.48; Henderson, Bruce
$23.32; Hildebrand,
Julie $137; Hoffmann,
Gina $26.28; Hostetler,
Shane $28.50; Jensen,
LaJean $132.56; Johnson,
Gary $15.18; Jones,
Marilyn $128.12;
Jongeling, Ryan $25.54;
Jorgensen, Anna $59.62;
Kautz, Dennis $69.98;
Klemisch, Abigail $137;
Klinger, Sara $64.80;
Klinghagen, Brian
$24.80; Koch, Amy
$25.54; Kruse, Eugene
$24.80; Kruse, Steven
$24.80; Larson, Jeremy
$64.80; Larson, Mark
$17.40; Legg, Casey
$101.48; Leloux, Marcus
$25.54; Ling, Ryan
$24.80; Lundquist,
Kenneth $92.56; Luther,
Joshua $64.80; Mason,
Scott $137; Matzen, Mary
$28.50; McKee, Angela
$72.20; Mendelson, Gale
$24.80; Miss, Anita
$27.02; Morck, Roger
$21.48; Mulder, Terry
$28.50; Muller, Kimberly
$23.32; Munro, Abigail
$21.10; Neiman, Larissa
$24.80; Nelson, Mindy
$21.10; Obrien,
Cherylann $24.80;
Ochsner, Greg $57;
Pederson, Eric $69.98;
Petersen, Jeffrey
$89.60; Peterson, Mark
$49.60; Plucker, Donna
$101.48; Poole, Diane
$28.50; Posegate, Darrel
$32.20; Quartier, Lisa
$30.72; Radel, Sarah
$24.80; Rasmussen,
Randall $52.56; Reit,
Jerilyn $42.20; Rhode,
Timothy $34.80; Rolfing,
Margie $32.20; Roti,
Carol $113.32; Rucker,
Karen $24.44; Ruiz,
Colleen $119.24; Schaaf,
Sarah $29.98; Schnabel,
Cyndi $24.80; Schneider,
Francis $137; Schouten,
Danyel $59.96; Shemon,
Kimberly $64.80; Short,
Kasey $14.44; Slack,
Brian $64.40; Springer,
Eric $50.74; Stansbury,
Erin $27.02; Sterrett,
Thomas $69.98; Stoffers,
Laura $119.24; Streifel,
Lynne $28.50; Streifel,
Thomas $194.40; Stucky,
Jamie $77.76; Thompson,
Craig $21.48; Tripp,
Douglas $24.80;
Vanbruggen, Marlys
$64.06; Vanderstouwe,
Teresa $154.40;
VanEgdom, Jacob $129.60;
Vaske, Maren $183.30;
Versteeg, Lawrence
$49.60; Wiebe, Diana
$28.88; Wiebers, Lynn
$64.40; Wieczorek,
Kenneth $108.88; Wilken,
Nikki $100.37; Williams,
Cheryl $23.32; Wilson,
Maxine $60.36; Woitzel,
Troy $58.48. A & B Pure
Water Online,
water/coffee $57.65;
Alco, supplies $4.79;
Craig Andersen, mileage
$18.50; Automated
Security, fire alarm
repairs $1,570; Avera
McKennan Hospital, med
records $44.10; mental
health holds $1,383.38;
prisoner care $939.70;
Avera University
Psychiatry, MI
evals/hosp admits
$825.64; David L
Bergendahl, grand jury
transcripts $168;
Berreau Law Office, pub
def contract/fees
$20,686.92; Best
Business Products,
copier maint contract
$118.08; Breyfogle's
Plumbing/Heating, parts
& repairs $1,400.51;
Brown & Saenger,
supplies $176.58;
Bubba's Quality Auto
Parts, parts $60.64;
Builders Supply, keys
$12.78; City of Canton,
utilities $707.63; CDW-G
Inc, supplies $72.39;
Century Business
Products, copier
lease/maint $233.68;
Doug Chaulk, mileage
$192.03; Chemco,
supplies $43.20; Clark
Engineering Corp, plat
reviews $1,757.50; Don
Cole, mowing $75;
Community Health Clinic,
prisoner care $65;
Countryside Convenience,
fuel $154.59; Culligan
Water Conditioning,
softener tank service
$21.25; Dakotabilities,
6 clients $1,080;
Election Systems &
Software, maint/support
$234; Empire Business
Systems, checks
$1,009.50; Eric Eneboe,
mileage $317.83; John
Erpenbach QMHP, MI evals
$202.50; Express
Attorney Services, serve
papers $54.50; Farmers
State Bank, coin sets
$291.25; David
Gillespie, mileage
$137.48; Great Plains
Psychological, psych
eval $2,170; Sandra
Guzman, interpreter $75;
Haisch Pharmacy,
supplies $70.70;
Harmelink, Fox &
Ravnsborg, MI hearing
$172; Independent
Publishing, publishing
$695.63; Interstate
Office Products,
supplies $363.67;
Johnson Controls, maint
agreement $9,136.98;
KB's True Value,
supplies $101.07;
Knology, phone usage
$1,323.53; Kelley
Kruger, mileage $61.42;
Ronald Larson, mileage
$3.70; Lincoln Co
Conservation District,
1st half allocation
$10,000; Lincoln Co Open
Class, annual fee $65;
Lincoln Co Rural Water,
county assistance
$78.70; Lutheran Social
Services, interpreter
$88.10; MCPC Inc,
supplies $205.32;
Medical X-Ray Center,
county assistance
$2,452.88; Med-Tech
Resource, supplies
$119.03; Jason Melcher,
mileage $17.02; Menards,
supplies $13.31; Metro
Communications, tape
requests $30;
MidAmerican Energy,
utilities $352.09;
Minnehaha Co Human
Services, monthly poor
relief $5,098; Minnehaha
Co Regional JDC, child
care $3,220; Minnehaha
Co Trs, blood draws
$550; boarding fees
$31,755; NACO,
registration $930;
National Notary Assoc,
notary renewal $71; Chad
Nelson, mileage $14.06;
Irene Ness, folding
chairs $999.26; Novak
Sanitary Service,
garbage & recycling
$136.67; June Nusz,
mileage $11.10;
Ophthalmology Ltd,
prisoner care $107.81;
Orthopedic Institute,
county assistance
$1,148.37; Otis
Elevator, service
agreement $204; Pedersen
Machines, vehicle maint
$55.98; Scott Peters, MI
board $402; Peterson,
Stuart & Rumpca, pub def
contract $8,000; Pioneer
Drug, jail meds $958.17;
Pizza Ranch, jury meals
$53.45; Postmaster,
postage due trust $25;
Pump'n Pak, fuel $65.83;
Quill, supplies $217.50;
Ron's Classic, vehicle
repairs $191.51; Mark
Rowen, supplies/mileage
$219.38; Rural Route 1
Services, mats $84.45;
Tammy Schanche, horse
judge $200; SD Dept of
Public Safety, boiler
inspection $120; SD
State Trs, alcohol/drug
tests $1,457; mentally
ill $60; SDACC, CLERP
$17,281.45; welfare
manual $50; SDVSOA, dues
$50; Sioux Empire Auto
Service Center, service
vehicles $227.99; Sioux
Falls Music, PA system
$150; Sioux Valley News,
publishing/materials
$996.42; Debra S Sittig,
MI board $34; Darrel
Sogn, mileage $11.10;
Southeastern Electric,
county assistance
$212.33; Stan Houston
Equip, parts $11.35;
Star Publishing,
subscription $27.50;
Sturdevant's Auto Parts,
parts $53.06; Deyarina
Thorin, interpreter $50;
Deb Turner, mileage
$42.55; Union Co
Sheriff's Dept, boarding
fees $1,650; VanDiest
Supply, supplies $3,390;
Verizon Wireless, mobile
internet $215.05;
Volunteers of America,
shelter care beds
$3,000; Dennis
Weeldreyer, mileage
$372.22; Wheelchair
Express, MI transports
$430; Workplace
Technology Center, MSP
mail services $64.75;
Xcel Energy, utilities
$6,815.70; Yankton Co
Treasurer, MI hearings
$103.75; James Zick,
fuel $61.42.
Road Fund: Bierschbach
Equipment, supplies
$200.50; Allan Bonnema,
fuel $90.01; Boyer
Trucks, repairs $747.23;
Butler Machinery, parts
& repairs $545.62; City
Of Canton, utilities
$331.43; Clark
Engineering Corp,
professional services
$9,782.33; Concrete
Materials, asphalt
$64,711.68; Dave's
Service & Repair,
repairs $558.02; Diesel
Machinery, equip rental
$3,700; Farm Gas,
propane $285; G & K
Supreme Auto Sales,
windshields $1,205;
Independent Publishing,
notices $32.16; JFI,
repairs $34; KB's True
Value, supplies $13.68;
Knology, phone usage
$154.04; Lawson
Products, parts $333.48;
MidAmerican Energy,
utilities $15.20; Paul's
Storage, tires $72;
Pump'n Pak, chain saw
gas $10.85; SD Dept of
Trans, bridge work
$3,745.72; Servall Towel
& Linen, towel service
$17.47; Sioux Equipment,
parts $586.64; Sioux
Falls Two-Way Radio,
repairs $222.50; Sioux
Valley News, notice
$35.09; Sturdevant's
Auto Parts, parts
$330.39; Tractor Supply,
tires $119.96; Wheelco
Truck & Trailer, parts &
repairs $57.6; Xcel
Energy, utilities
$311.53.
E911 Communication Fund:
County Wide Directory,
directory $23; Dell,
monitor $239; Ecowater,
water/supplies/rent
$110.95; Knology, 911
circuits/phone usage
$977.01; Qwest, backup
lines $114.05; Sioux
Falls Two-Way Radio,
supplies $278; Xcel
Energy, radio repeater
$15.62.
Emergency Mgmt Fund:
Knology, phone usage
$79.08; Pizza Ranch,
meals $91.94; Harold
Timmerman, fuel $73.07;
Verizon Wireless, mobile
internet $43.01.
Home Health Fund:
Sanford Home Health, 1st
half allocation $7,500.
Solid Waste Fund:
Countryside Convenience,
fuel $122.92; Dakota
Country Welding, repairs
$935; Dakota Fluid
Power, repairs $589.03;
Herc-U-Lift, maint
$92.89; KB's True Value,
supplies $22.09;
Knology, phone usage
$54.15; Larson Truck
Sales, parts & repairs
$455.85; Quill, supplies
$70.05; South Lincoln
Rural Water, utilities
$33; Southeastern
Electric, utilities
$220.40; Sturdevant's
Auto Parts, supplies
$180.28; Sunshine Foods,
supplies $16.44; Verizon
Wireless, mobile
internet $33.92;
Airport Fund: All Phase
Electric, repairs
$497.68; Argus Leader,
advertising $1,000;
Boom's Painting, paint
bldg $1,000; Empire
HVAC, HVAC maint $66.33;
Independent Publishing,
publishing $78.39;
Knology, phone usage
$.70; Lincoln Co Rural
Water, utilities $26.05;
Pfeifer's Implement,
parts $53.64; Sioux
Valley News, publishing
$82.53; Southeastern
Electric, utilities
$207.75;24/7 Sobriety
Fund: Pharm Chem Inc,
supplies $492.50.
The Board adjourned
until 8:30 A.M. on July
27, 2010.
Lincoln County Board of
Commissioners
Jim Schmidt, Chairman
Attest:
Paula Feucht, Auditor
Approved:
Publish August 5, 2010
Published free of charge
as a service to our
Lincoln County readers.
LINCOLN COUNTY
COMMISSION
July 20, 2010
The Lincoln
County Board of
Commissioners met at
8:30 A.M. on July 13,
2010 with members Jason
Melcher, David
Gillespie, Jim Schmidt,
Dennis Weeldreyer and
Dale Long present. The
meeting was called to
order with the Pledge of
Allegiance to the Flag.
The Deptuy Auditor was
Clerk of the Board.
The Board met with
several department heads
regarding budget of
their department.
Motion by Gillespie and
seconded by Long to go
into executive session.
Motion carried.
Motion by Weeldreyer and
seconded by Long to
leave executive session.
Motion carried
Mike Nadolski presented
an update to the
Commissioners on Adesa.
The meeting was
adjourned to 8:30 a.m.
on July 27, 2010.
Lincoln County Board of
Commissioners
Jim Schmidt, Chairman
Attest:
Marlene Sweeter, Deputy
Auditor
Approved:
Publish August 5, 2010
Published free of charge
as a service to our
Lincoln County readers.
July 27, 2010
Unapproved Minutes
Union County
Commissioners
The Union County Board
of Commissioners met in
regular session on July
27, 2010 at the
Courthouse in Elk Point,
SD at 8:35 a.m.
Members present were
Jordan, Karpen, Neely,
Schempp and Ustad.
Motion by Jordan, second
by Neely to approve the
agenda as presented.
Carried.
Motion by Jordan second
by Schempp to approve
the minutes from July
13, 2010. Carried.
Land Plats
Motion by Ustad second
by Jordan to approve the
following plat:
Resolution
Be It Resolved by the
Board of Commissioners
of Union County that
Plat of Lots 47A, Dakota
Dunes Golf Course 23rd
Addition in Dakota
Dunes, Union County, SD
vacating Lot 47 of
Dakota Dunes Golf course
23rd Addition owned by
Michael Hurlburt and
Dakota Dunes Development
company, surveyed by
Douglas Mordhorst, Be
and the same is hereby
approved. Motion
carried.
Motion by Jordan second
by Schempp to approve
the following plat:
Resolution
Be It Resolved by the
Board of Commissioners
of Union County that
Plat of Lots 31A, 32 &
33, Dakota Dunes Golf
Course 23rd Addition in
Dakota Dunes, Union
County, SD vacating Lot
31 of Dakota Dunes Golf
course 23rd Addition
owned by Wegher
Construction Company,
surveyed by Douglas
Mordhorst, Be and the
same is hereby approved.
Motion carried.
Motion by Schempp second
by Jordan to approve the
following plat:
Resolution
Be It Resolved by the
Board of Commissioners
of Union County that
Hines Addition in the
SE1/4NE14/ of Section 4,
T89, R48W of the 5th PM,
Union County, SD owned
by Albert Hines,
surveyed by Mark Turner,
Be and the same is
hereby approved. Motion
carried.
Motion by Jordan second
by Ustad to approve the
following plat:
Resolution
Be It Resolved by the
Board of Commissioners
of Union County that
Survey Plat of O’Connell
Tract 3 in Lot 1 of the
SW1/4 of Section 24 and
in Lot A of the NW1/4 of
Section 25, all in T91N,
R50W of the 5th PM,
Union County, SD, owned
by John O’Connell,
surveyed by Kim
McClaury, Be and the
same is hereby approved.
Motion carried.
Motion by Jordan second
by Schempp to approve
the following plat:
Resolution
Be It Resolved by the
Board of Commissioners
of Union County that Two
Rivers Business Center
Seventh Addition in
Dakota Dunes, Union
County, SD (Lot 1),
owned by Dakota Dunes
Development Company,
surveyed by Douglas
Mordhorst, Be and the
same is hereby approved.
Motion carried.
County Rd. #17
Commissioner Schempp
updated the board on
County Rd. #17 regarding
the flooding. Board will
discuss the matter with
PWA Roggow.
Recess
Chairman declared a
recess from 8:55 a.m. to
9:00 a.m.
Public Defender
The public defender
contract members met
with the board.
Discussion took place on
assigning Attorney
Peterson’s part of the
contract to Jason
Rumpca. Motion by
Jordan, second by
Schempp to approve the
assignment of contract
for representation of
indigents changing the
attorney from Phil
Peterson to Jason
Rumpca. Carried.
Discussion took place on
the public defender’s
contract. Board asked
the members to meet and
advise on whether they
would like to present a
one-year contract or
three-year contract.
Deputy Sheriff
Deputy Sheriff Feller
met to discuss uniform
clothing allowance.
Sheriff Feller had to
burn his clothing after
a particular call.
Feller is asking for
additional clothing
allowance for the year
to recoup the costs of
the clothing. Motion by
Schempp, second by
Jordan to allow an
additional $300 to
Deputy Feller’s clothing
allowance for 2010.
Carried.
Treasurer
Treasurer Hertel met
with the board to
discuss setting up a
contract agreement with
Michael Hartsock for
delinquent taxes. Board
agreed to allow
treasurer to set up a
contract.
Public Defender
The public defender
group returned and
discussed increasing the
contract at 1% for 2011
for a one-year contract.
Board will reflect this
in the budget requests
for 2011.
Missouri River
Reservoirs
Howard Paul met with the
board to discuss
sediment problem in the
Missouri River
reservoirs. Paul is
requesting a $1,000
county membership.
Highway
Motion by Schempp,
second by Neely to
authorize Treasurer
Hertel to wire money for
the Highway Department
if the bidding process
to purchase a patcher
truck, Thursday, on Iron
Planet is successful.
Carried.
States Attorney
SA Miller met with the
board. Discussion of the
NACo contract for
prescription drug card
took place. Motion by
Jordan, second by Neely
to authorize chairman to
sign contract to
participate in NACo drug
card. Carried.
Planning and Zoning
Henze met with the board
and updated them on the
process of the revisions
approved by the planning
and zoning board. Board
will hold a public
meeting on August 24,
2010 at 9:30.
Recess
Chairman declared a
recess 10:35 to 10:40.
Carried.
Sheriff
Sheriff Limoges met with
the board to discuss
2011 budget items. The
board discussed changing
the uniform allowance
policy to allow for
extenuating
circumstances.
Claims
Motion by Jordan, second
by Ustad to approve the
claims as follows.
Carried. The following
claims have been
audited, approved and
warrants drawn on the
same: Bi-Weekly payroll
for 07-30-10: Highway
$20,548.65; Sheriff
$27,391.64; Public
Building $551.25;
State’s Attorney
$1,552.30; Nurses
$111.83; WIC $314.18;
Register of Deeds
$828.79; Weed $4,862.19;
Extension $831.25;
Assessor $567.00;
Coroner $104.62.
Courthouse payroll for
the month of July, 2010:
Commissioners $4,900.00;
Auditor $9,486.15; Data
Processing $119.41;
Treasurer $12,547.75;
Highway $8,564.97;
Planning & Zoning
$3,153.84; EMA
$1,008.98; Assessor
$9,820.00; State’s
Attorney $11,252.66;
Register of Deeds
$5,999.03; Veteran
$1,287.50; Sheriff
$4,349.89; Extension
$2,650.13; Public
Building $5,334.70;
Nurse $878.13; Jail
$108.96; Weed $106.09.
Am San (Supplies)
$197.98; Bierschbach
Equipment (Supplies)
$49.98; Bomgaars
(Clothing Allow) $33.58;
Brown & Saenger
(Supplies) $47.40; Cathy
Rehfuss (MI Hearing)
$15.00; Circle B Farms &
Construct
(Repairs/Excise Tax)
$514.43; City Of Elk
Point (Utilities)
$4,765.40; Concrete
Products Co (Supplies)
$346.77; Country Estates
Truck Repair (Repairs)
$139.91; Dakota County
Sheriff (Return) $33.50;
Dakota Dunes CID
(Repair) $3,808.82; Dale
Neely (Per Diem) $44.40;
Denise Cody (MI Hearing)
$15.00; Donna K Dietrich
(MI Hearing) $137.64;
Doyle Karpen (Per Diem)
$14.80; Dr Jim Slattery
(Care) $85.00; Gary E
Mikelson (MI Hearing)
$182.26; Hickory Tech
(Phone) $122.70;
Honeywell Inc (Maint)
$12,279.75; Hydraulic
Sales (Repairs) $93.00;
Jacks Uniform & Equip
(Supplies) $119.85;
Janitor Depot Inc
(Supplies) $541.09;
Jeanne M Bossman Rpr
(Transcripts) $1,033.60;
Jerry Miller (Per Diem)
$294.89; John P Slattery
(Pub Defender)
$2,891.29; Lewis & Clark
BHS (Care) $142.00;
Marvin Schempp (Per
Diem) $50.69; McLeods
(Supplies) $508.80;
Michael McGill (Pub
Defender) $2,891.29;
Michael Oberg (Repair)
$50.00; MidAmerican
Energy Co (Utilities)
$73.69; Millborn Seeds
Inc (Maint) $106.25;
Milton Ustad (Per Diem)
$77.70;
Nancy Meister (Repairs)
$58.00; Nat'l Sheriff
Assn (Dues) $100.00;
Noll Collection Service
(Collections) $221.11;
Nygren's True Value
(Repairs) $34.11;
Nygren's True Value
(Supplies) $14.37;
Office Elements
(Supplies) $597.06;
Olson Welding (Repairs)
$95.00; Perkins Office
Solutions (Supplies)
$57.23; Peterson, Stuart
& Rumpca (Ct Apt Atty)
$11,285.68; Pictometry
International (Prof
Svcs) $12,152.01; Pitney
Bowes (Rent) $149.00;
Qwest (Phones) $968.24;
Robert Brink (Gas)
$20.00; Ross Jordan (Per
Diem) $51.06; Sanford
Health (BL Draw)
$180.00; SD Continuing
Legal Ed (Supplies)
$287.50; SD Federal
Property Agency (Equip.
& Supplies) $14,080.00;
SD State Health Lab (BL
Draw) $1,399.00; SD
Veteran Service Officer
(Dues) $50.00; SDPA
(Dues) $55.00; Shepherd
Reporting (Transcript)
$25.00; Sheriff Of
Woodbury County (Return)
$188.94; SIMPCO
(Service) $2,236.00;
Sioux Falls Two-Way
Radio (Repair) $97.23;
Sioux Sales (Supplies)
$16.95; State Radio
Communication (Maint)
$2,250.00; Stephanie
Ryan (Repair) $8.43;
Steve's Auto Body
(Repairs) $150.00; Union
Co. Fair Board (Fair
Expense) $5,000.00; Us
Bank (Supplies & Travel)
$1,157.32; West Payment
Center (Supplies)
$840.00; Wilcox Electric
(Repair) $371.40;
Woodbury County Disaster
(Maint) $28.43; Yankton
Co. Sheriff (Return)
$50.00; Zuercher
Technologies (Computer)
$9,500.00.
Adjournment
Motion by Ustad, second
by Jordan to adjourn at
11:52 until August 10,
2010. Carried.
Doyle Karpen, Chairman
Union County Board of
Commissioners
ATTEST:
Carol Klumper, Auditor
Union County
Publish August 5, 2010
HUDSON TOWN
BOARD
The Hudson Town Board
met at the city office
on July 12, 2010 at
7:00pm. Members present
Chairman Wickre,
Van’tHof and Stoffel.
Also present Denise
Van’tHof and Roxanne
Wickre.
Van’tHof made a motion
to approve the agenda.
Stoffel seconded the
motion. Motion carried.
Stoffel made a motion to
correct the date and
time of the June
meeting, Van’tHof
seconded the motion.
Motion carried.
Wickre made a motion to
approve the amended
minutes, Van’tHof
seconded the motion.
Motion carried.
Denise told the board
that the Alcester-Hudson
booster club would like
to sponsor an open gym
night at the community
center. It would be
supervised. The board
agreed that this would
be a good thing for the
center.
Wickre made a motion to
approve building permits
for Kevin Nelson and
Doug Van’tHof, Stoffel
seconded the motion.
Motion carried.
The board discussed the
community center.
Additional tables and
chairs will be ordered.
The security system
should be installed in
the next week. The board
will look into some
landscaping.
Legion is having trouble
with their air
conditioning and has had
trouble with their
furnace. They will be
getting estimates to get
this fixed.
The following resolution
was approved on a motion
by Wickre and second by
Van’tHof.
A RESOLUTION DECLARING
CERTAIN REAL PROPERTY
OWNED BY THE TOWN OF
HUDSON TO BE SURPLUS
PROPERTY, WHICH SHALL BE
APPRAISED AND SOLD.
The Board of Trustees of
the Town of Hudson,
State of South Dakota,
has determined that
certain real property
and improvements thereon
currently owned by the
Town of Hudson is hereby
determined and deemed to
be no longer necessary,
useful, or suitable for
the purposes for which
it was originally
acquired. The Board of
Trustees has determined
that said real property
should be sold, with the
sale proceeds to be
deposited into the Town
of Hudson’s general
fund.
The real property
subject to the
Resolution is legally
described as follows:
Lot 1 of Block 21,
Original Town of Hudson,
Lincoln County, South
Dakota, According to the
Recorded Plat Thereof;
The South 25 Feet of Lot
1, 2, and 3, and the
South 70 Feet of Lot 4,
All in Block 28,
Original Town of Hudson,
Lincoln County, South
Dakota According to the
Recorded Plat Thereof.
The Town of Hudson shall
obtain an appraisal of
said real property,
which shall appraise the
land and any
improvements separately.
The appraisal shall
consist of opinions of
three real property
owners of the Town of
Hudson, who shall be
appointed by the Board
of Trustees, or in the
alternative, the Board
of Trustees shall
appoint a person or a
persons licensed by the
State of South Dakota to
do a fee appraisal of
the property in lieu of
the property owners
conducting such an
appraisal.
After the property has
been appraised, if the
property is determined
to have a value of
$500.00 or less, the
Board of Trustees is
hereby authorized to
sell the property at
private or public sale
without notice. However,
if the appraisal
indicates that the
property is valued at
more than $500.00, the
Board of Trustees shall
give notice of the sale
by publishing a notice
of sale at least twice,
with the first
publication not less
than ten days prior to
the date of the sale.
The first publication
shall be in the official
news paper of the Town
of Hudson, and second
publication may be in
any legal news paper of
the State chosen by the
Board of Trustees for
the Town of Hudson. The
notice shall describe
the property to be sold
and the time when bids
would be open. The Board
of Trustees may open the
bid at a regularly
scheduled meeting, or
may designate an
official and a witness
to open the bids prior
to reading of the Board
of Trustees and shall
state which method is to
be used within the
published notice of
sale.
No member of the Board
of Trustees of the Town
of Hudson, or any
officer of a County,
Municipality, Township,
or School District, who
has been elected or
appointed, or a real
property owner acting as
an appraiser may
purchase the surplus
property except at
public auction.
Dated this 12th day of
July, 2010.
TOWN OF HUDSON:
Steve Wickre, Chairman
Board of Trustees
ATTEST:
Roxanne Wickre, Finance
Officer
Van’tHof made a motion
to approve the following
bills and Stoffel
seconded the motion.
Motion carried.
Postmaster stamps 105.17
Brian Sohl wages 2848.81
Roxanne Wickre wages &
mileage 1630.35 SDRS
retirement plan 725.01
Becky VanNoort wages
513.93 Darlene Jervik
wages 220.25 Payroll
taxes 1560.33 RVRW water
1547.80 Dept of Revenue
lab fees 12.00
Novak Sanitary Services
1697.50 Dept of Rev
sales tax 231.68 RR 1
Services supplies 175.10
Alliance Communications
phone 167.60 Fillin
Station supplies 533.12
Strange Farrell Johnson
Brewers legal services
40.00 Bomgaars supplies
106.88 Hudsonite
publications 19.90 Sioux
Center Publishing ads
77.40 Hubers lumber
supplies 219.26 Staples
74.76 C& R Gravel
1092.95 Schoenemans
materials 89.76 Petty
cash replenish 50.00
Dueys Repair materials
55.00 Novak Sanitary
Serv clean up day 566.90
R & R Concessions Easter
breakfast 218.61 Cory
Hughes water refund
70.00 MidAmerican
electricity 1178.98
WestRock final pymt
52273.78 Rural Dev Loan
pymt 317.00 With no
further business the
meeting was adjourned.
Steve Wickre, Chairman
Attest:
Roxanne Wickre, Finance
Officer
Publish August 5, 2010
STATE OF SOUTH
DAKOTA
COUNTY OF UNION
Ss
IN CIRCUIT COURT
FIRST JUDICIAL CIRCUIT
In the Matter of the
Estate of
Burdette E. Heiman,
Deceased
File No. PRO. 10-28
Notice to Creditors
and Notice of Informal
Probate and Appointment
of Personal
Representative
Notice is given that on
the 2nd day of
August, 2010, LeRoy
Ross, whose address
is1402 12th Street,
Hawarden, Iowa, 51023
was appointed as
Personal Representative
of the estate of
Burdette E. Heiman.
Creditors of decedent
must file their claims
within four months after
the date of the first
publication of this
notice or their claims
may be barred.
Claims may be filed with
the Personal
Representative or may be
filed with the Clerk,
and a copy of the claim
mailed to the Personal
Representative.
Dated this 2nd
day of August
2010.
/s/LeRoy Ross
Le Roy Ross
1402 12th Street
Hawarden, Iowa 51023
Ph: (712)552-2237
Melissa Larsen
Union County Clerk of
Courts
209 East Main, Ste. 230
Elk Point, South Dakota
57025
Ph: (605)356-2132
Charles B. Haugland
Attorney at Law
Gubbrud, Haugland &
Gillespie Prof. L.L.C.
102 West Second Street
P. O. Box 97
Alcester, South Dakota
57001-0097
605/934-2140
Publish August 5, 12,
19, 2010
ADVERTISEMENT FOR BIDS
Owner:
Clay Rural Water System
Owner's Address: 30376
SD Hwy 19, Wakonda,
South Dakota 57073
Project: 2010 Capital
Improvement Project -
Phase II
Schedule 1 - Pipeline
Sealed BIDS for the
construction of the Clay
Rural Water System 2010
Capital Improvement
Project - Phase II will
be received by Clay
Rural Water System, Inc.
at the System Office,
Wakonda, South Dakota,
until 2:00 P.M.
local time August 24th,
2010 and then at
said office publicly
opened and read aloud.
Bids will be acted upon
by the Owner at a later
time. The Project shall
consist of the following
work and approximate
quantities and kinds of
materials:
Schedule 1 -
Pipeline:
Construction of
approximately 48 miles
of rural underground
pipeline, size 2 inch
through 8 inch, service
line, valves, crossings,
and miscellaneous
appurtenant work.
Construction of a
booster foundation and
installation of package
booster supplied by
others. Time for
completion shall be June
1, 2011.
The CONTRACT DOCUMENTS
may be examined at the
following locations:
Clay Rural Water System
30376 SD Hwy 19
Wakonda, South Dakota
57073
DeWild Grant Reckert and
Associates Company
1302 South Union Street
Rock Rapids, Iowa 51246
Copies of the CONTRACT
DOCUMENTS may be
obtained after July
30, 2010, at the
office of DeWild Grant
Reckert & Associates
Company located at 1302
South Union Street, Rock
Rapids, Iowa 51246,
telephone (712)472-2531,
fax (712)472-2710,
e-mail
dgr@dgrnet.com, or
website
www.dgrnet.com.
Copies of the Schedule 1
Contract Documents and
Staking Sheets may be
obtained upon payment of
fifty dollars ($50.00),
none of which is
refundable.
All proposals shall be
made on forms provided
by the Engineer.
Each bid must be
accompanied by bid
security payable to the
Owner for five (5%)
percent of the total
amount of the Bid as a
certified or bank check
issued by a State or
National bank or ten
percent (10%) as a
bidder's bond. As soon
as the bid prices have
been compared, the Owner
will return the check or
bond of all except the
three lowest,
responsive, responsible
bidders for each
Schedule. When the
contract is awarded, the
checks or bonds of the
two remaining
unsuccessful bidders
will be returned. The
check or bond of the
successful bidder will
be retained until the
contract and surety bond
have been executed and
approved, after which it
will be returned.
Bidders on this work
will be required to
comply with Title 40 CFR
33.240 and executive
order 12138. The goals
and other requirements
for Bidders and
Contractors under this
regulation which
concerns utilization of
Minority Business
Enterprises (MBE) and
Women's Business
Enterprises (WBE) are
explained in the
Specifications. The MBE
goal for this project is
1% of the total dollar
value of the job while
the WBE goal is 3% of
the total dollar value
of the job.
NONDISCRIMINATION IN
EMPLOYMENT
a) Bidders on this
work will be required to
comply with the
President's executive
orders Nos. 11246 as
amended, 11458, 11518,
and 11625. The
requirements for Bidders
and Contractors under
these orders are
explained in the
Specifications.
b) The goal for female
utilization which shall
be included in all
federal and federally
assisted construction
contracts and
subcontracts in excess
of $10,000 shall be
6.9%. The goal for
minority utilization
which shall be included
in all federal and
federally assisted
construction contracts
and subcontracts in
excess of $10,000 shall
be 1.3%. The goals are
applicable to the
Contractor's aggregate
on-site construction
workforce whether or not
part of that workforce
is performing work on a
federally and federally
assisted contract or
subcontract.
With submittal of a Bid,
the Contractor
represents that he has
visited the site,
familiarized himself
with the local
conditions under which
the work is to be
performed, and
correlated his
observations with the
requirements of the
Contract Documents,
The Owner reserves the
right to reject any and
all bids or to accept
any bid. It is
understood that the work
to be done is being
financed with funds from
U.S. Department of
Agriculture, Rural
Utilities Service.
Contractor's Proposals
shall hold firm for
thirty-five (35) days
from the date of
opening. Mutually agreed
upon extensions of time
may be made, if
necessary.
CLAY RURAL WATER SYSTEM
/s/ Robert Wood,
Chairman
July 22, 2010
Publish August 5, 2010
NOTICE TO
BIDDERS
The Alcester-Hudson
School District is
accepting sealed bids
for SNOW REMOVAL at
school property for the
2010-11 school year.
Bid information can be
obtained from the
Alcester-Hudson School
administration office
Monday through Thursday
from 8:30 a.m. to 5:00
p.m., located at 501
Iowa Street, Alcester,
SD 57001. Phone
605-934-1890.
Bids shall be delivered
in sealed envelopes with
“Snow Removal Bid”
marked on the outside of
the envelope.
Bids will be accepted
until 5:00 p.m. Monday,
August 16, and will be
opened during the
Alcester-Hudson School
Board meeting beginning
at 7:20 p.m. on Monday,
August 16 at the
Alcester City-School
Library.
The Alcester-Hudson
School Board reserves
the right to reject any
and all bids.
Publish August 5, 12,
2010
