Public Notices - Newz Group · 4/10/2019 · Motion by Miles, seconded by Bruning to resume...
1
Public Notices Page 8 • Wednesday, April 10, 2019 Moody County Enterprise • Since 1878 STATE OF SOUTH DAKOTA) COUNTY OF MOODY IN CIRCUIT COURT THIRD JUDICIAL CIRCUIT NOTICE OF REAL ESTATE SALE ON FORECLOSURE CIVIL NUMBER: 50CIV18-000097 Citizens Bank, N.A., Plaintiff, v. Ralph G. Oakey, Jr. and Anderson Velasquez and Gayle A. Velasquez, and any person in possession, Defendants. A Non-Monetary Judgment of Fore- closure was entered in favor of Plaintiff and against Defendants, which judg- ment was filed with the Clerk of Courts of Moody County, South Dakota, on March 19, 2019, for the foreclosure of a real estate mortgage. Notice is hereby given pursuant to said judgment that the real property described in the Real Estate Mortgage dated July 14, 2017, and recorded in the office of the Register of Deeds of Moody County, South Dakota, on July 18, 2017, as Instrument Number 170751. which Ralph G. Oakey, Jr. and Gayle A. Velasquez, mortgagor, executed and delivered to Mortgage Electronic Registration Systems, Inc. as nominee for Reliabank Dakota, its successors and assigns, mortgagee, for the property located at 709 West 2nd Avenue, Flandreau, SD 57028, and legally described as: Lot Five (5) in Block Five (5) of Pet- tigrew & Bigelow’s Second Addition to Flandreau, Moody County, South Dakota in order to realize the amount of $103,072.00 as of July 14, 2017, plus interest accruing thereafter on said amount, together with the costs and expenses of sale, will be sold subject to redemption as provided by law as one parcel of land at public auction, subject to easements and restrictions of record, to the highest bidder for cash under the direction of the Moody County Sheriff, at the main entrance of the Moody County Courthouse located at 101 East Pipestone Avenue, Flan- dreau, South Dakota 57028, on May 02, 2019 at 10:00 AM. Dated this 26th day of March, 2019 Sheriff of Moody County s/s Troy Wellman Halliday, Watkins & Mann, P.C. By s/sZachary Nesbit Zachary Nesbit Attorneys for Plaintiff 376 East 400 South, Suite 300 Salt Lake City, UT 84111 Tel: 801-355-2886 Email: zach@hwmlawfirm.com CERTIFICATE OF SERVICE I certify that on April 1, 2019, a true and correct copy of the Notice of Fore- closure Sale was served by U.S. Mail, first-class postage prepaid, upon the following individuals: Ralph G. Oakey, Jr. 709 West 2nd Avenue Flandreau, SD 57028 Anderson Velasquez 20 Read Street, Apt. 16 Bridgeport, CT 06607 Gayle A. Velasquez 709 West 2nd Avenue Flandreau, SD 57028 Halliday, Watkins & Mann, P.C. By s/sZachary Nesbit Zachary Nesbit (April 10-17, 2019) Published twice at a cost of $59.51 Moody County _________________________________________________ MOODY COUNTY UNAPPROVED MINUTES OF April 2, 2019 The Moody County Commissioners met in regular session on Tuesday, April 2, 2019 in the County Commissioners’ Room in the Courthouse at 9:00 AM, with the following members present: Chairman Rick Veldkamp, John Schiefelbein, Tom Ehrichs, Dan Miles, Carla Bruning and Kristina Krull, Auditor as Clerk of the Board. Also present Marty Skroch, Commission Assistant, Brenda Wade Schmidt, Moody County Enterprise, and Paul Lewis, States Attorney. To the Honorable Board of County Commissioners, Moody County: I hereby submit the following report of my examination of the cash and cash items in the hands of the County Treasurer of this County as of March 31, 2019, which includes money collected for schools, cities, townships and state: Total amount of deposits in bank: $ 8,230.70 Total amount of actual cash: $ 4,261.73 Register of Deeds cash: $ 247.00 Total amount of checks and drafts in Treasurer’s possession not exceeding 3 days: $ 33,503.38 Outstanding Credit Card payments: $ 2,698.60 Itemized list of all items, checks and drafts which have been in the treasurer’s possession over 3 days: $ 173.40 First National Bank Flandreau CD $ 2,700,000.00 First National Bank Flandreau Savings $ 1,434,642.79 Flandreau First Savings Bank CD $ 1,675,000.00 TOTAL $ 5,858,757.60 Dated this 3rd day of April, 2019 Kristina Krull Moody County Auditor Chairman Veldkamp called the meeting to order. Motion by Bruning, second- ed by Miles to approve the agenda. All voted “aye”. Motion by Ehrichs, second- ed by Schiefelbein to approve the following consent agenda with all voting “aye”: Minutes: March 19, 2019 Motion by Miles, seconded by Ehrichs to adjourn to conduct business as the Board of Adjustment at 9:05 AM. All voted “aye”. Motion by Miles, seconded by Schiefelbein to adjourn and to conduct business as the Joint Board of Commis- sioners and Planning at 9:59 AM. All voted “aye”. Kendra Eng, Zoning Adminis- trator reviewed one plat with the Board. Motion by Miles, seconded by Bruning to approve the following plat resolution, with all members voting “aye”: COUNTY COMMISSION RESOLUTION It was moved by Miles, seconded by Bruning motion carried that the plat of TRACT 2 OF ENTRINGER’S ADDITION IN THE NW1/4 OF SECTION 34-T107N-R50W OF THE 5TH P.M., MOODY COUNTY, SOUTH DAKOTA, as described above and hereon be approved and accepted and the Chairman is hereby instructed to endorse on such plat this resolution and to certify the same. Rick Veldkamp Chairman, Board of Commissioners Moody County South Dakota COUNTY AUDITOR CERTIFICATE I hereby certify that the above certificate of approval is true and correct includ- ing the signature thereon. Dated this 2nd day of April, 2019. Kristina Krull County Auditor Moody County, South Dakota Motion by Ehrichs, seconded by Bruning to adjourn and resume regular ses- sion at 10:03 AM. All voted “aye”. Terry Albers, Emergency Manager met with the Board. Motion by Miles, sec- onded by Schiefelbein to approve the following resolution with all voting “aye”: RESOLUTION NO. 19040201 RESOLUTION DECLARING EMERGENCY/DISASTER WHEREAS, Moody County, South Dakota has suffered severe damages, brought on by early spring flooding due to snow storms and excessive run-off associated with fast thaws and WHEREAS, the following conditions exist in Moody County as a result of the disaster: •Washed out roads •Culverts washed out •Soft roads due to setting water WHEREAS, the following factors contributed to the damages in Moody Coun- ty: •Ground moisture higher than normal going into winter •A large amount of snowfall this winter •Early rains that accelerated flooding •High flood waters on the Big Sioux River WHEREAS, Moody County has committed all available resources and taken all possible actions within the jurisdiction boundaries to combat and alleviate the disaster, local resources are not adequate to cope with the situation. NOW THEREFORE, BE IT RESOLVED: That the Board of County Commis- sioners of Moody County declare an emergency, and BE IT FURTHER RESOLVED: That, in accordance with SDCL §7-18A-8, this Resolution shall become effective immediately upon passage; and BE IT FURTHER RESOLVED: We, the Board of Commissioners of Moody County, respectfully petition the Governor of South Dakota and the President of the United States to provide with all dispatch and remedies proper state and/or federal assistance for the alleviation of this disaster/emergency. Rick Veldkamp ATTEST: Kristina Krull Chairman Moody County Auditor Commissioner Schiefelbein discussed with the Board the speed limit on High- way 77. Also present Gordon Leraas, County Resident, Troy Wellman, Sheriff and Marc Blum, Highway Superintendent. Motion by Schiefelbein to lower the speed limit on Highway 77 beginning at 235th Street north to 220th Street from 60 to 55 miles per hour. Motion died for lack of a second. Troy Wellman, Sheriff met with the Board. Motion by Bruning, seconded by Miles to approve the travel request for Troy Wellman, Sheriff to attend the Na- tional Sheriff’s Conference in Louisville, KY June 13-20, 2019. Voting “aye” 4 . Voting “nay” 1 . Motion passed. Motion by Ehrichs, seconded by Schiefelbein to accept the resignation of Logan Baldini, Deputy Sheriff, effective April 5, 2019. All voted “aye”. Motion by Bruning, seconded by Miles to accept the resignation of Gabriel Frias, Dispatcher, effective April 5, 2019. All voted “aye”. Motion by Miles, seconded by Bruning to advertise to hire a Deputy Sheriff and Dispatcher. All voted “aye”. Motion by Ehrichs, seconded by Schiefelbein to hire Kelston VanDyke, Dispatcher, at Grade 11/Step A $14.80/hour, effective April 2, 2019. All voted “aye”. Marc Blum, Highway Superintendent met with the Board. Blum informed the Board Moody County was awarded the Bridge Improvement Grant to replace the Christenson/Scofield Bridge 51-120-044. Discussion was held on Bennett Bridge 51-177-030 and weight limits. Motion by Miles, seconded by Schiefelbein to keep the old weight limit calculations on bridge 51-177-030 thus leaving it legal. All voted “aye”. Motion by Bruning, seconded by Miles to authorize Chair- man Veldkamp to sign the 2019 Striping agreement. All voted “aye”. Motion by Schiefelbein, seconded by Ehrichs to enter into executive session at 11:24 AM, pursuant to SDCL 1-25-2. Reason: Personnel. All voted “aye”. Motion by Miles, seconded by Bruning to resume regular session at 11:38 AM. All voted “aye”. The following reports were received and filed in the Auditor’s Office: Register of Deeds fees $6148.00, Civil fees $1808.60. Motion by Ehrichs, seconded by Miles to approve the following claims and issue warrants, all voted “aye”: General: A&B Business, supplies 162.91, Avera Flandreau Medical Center, county nurse/supplies 3179.86, Booster, publications 224.00, Bound Tree Medical, supplies 203.86, Bruning & Lewis Law Firm, 1st half of April 2913.84, City of Flandreau, utilities 2058.79, Manuel Decastro Jr., ct apt atry 891.90, Eng Services, solid waste disposal 340.00, Fedex, supplies 13.00, First Bankcard, supplies 1014.71, Gabriel Frias, interpreter 150.00, Gov- ernment Forms & Supplies, supplies 34.00, John Schiefelbein, travel reimburse- ment 21.00, Kibble Equipment, repairs 446.93, Krull’s Garage, repairs 176.91, Lee Johanson, refund 297.99, Marco Inc., supplies 429.00, Matheson Tri-Gas, supplies 139.01, MidAmerican Energy, natural gas 1591.80, Minnehaha County Auditor, services 373.30, Nancy Nelson, ct apt atry, service 1676.60, Patricia Hartsel, transcripts 186.20, Bob Pesall, ct apt atry 4600.00, Physician’s Claims Company, services 6260.55, Ribstein & Hogan Law Firm, ct apt atry, service, 775.24, SD Achieve, services 180.00, SDACC, services 3044.00, SDAE4- H, travel 26.00, SDSU 4H Dept., travel 28.00, SDSU Extension, 4-H salary, 8008.00, Shane Parker, travel reimbursement 79.00, Sturdevant’s Auto Supply, 50.76, Tyler Lumber Co., supplies 856.97, Unger Law Office, ct apt atry 5027.50, United Laboratories, supplies 538.27, Vast, utilities 1120.45, Verizon Wireless, mobile broadband 240.08. Highway: City of Flandreau, utilities 1216.04, Claflin Excavating, snow removal 23175.00, Dakota Alignment, repairs 2232.96, Eng Services, solid waste 100.00, Graham Tire, tires 2353.45, Greg’s Welding, re- pairs 201.70, I-State Truck Center, repairs 204.83, Kimball Midwest, supplies 259.67, MidAmerican Energy, natural gas 640.24, Napa Auto Parts, repairs 960.75, Power’s Oil Co., gasoline 732.00, Quality Oil, oil 998.39, RDO Equip- ment, repairs 527.76, Sturdevant’s, repairs 48.86, Tyler Lumber Co., supplies 813.83, Vast, utilities 300.34. 911: Century Link, utilities 382.17, Vast, utilities 9.29. Emergency Management: City of Flandreau, utilities 34.51, Krull’s Garage, oil change 186.27, Vast, utilities 37.16. 24/7 Sobriety: First Bankcard, supplies 4.26, Mod & Pres Relief Fund: Tyler Technologies Inc., supplies 2884.80. State Remittance: State Treasurer, motor vehicle 143818.77. State 24/7 Fund: SD At- torney General, SCRAM 754.00. March Payroll by Department: Commissioner 13607.37, Auditor 10432.87, Treasurer 13701.64, States Attorney 13691.10, General Government Building 4830.94, Director of Equalization 7678.53, Regis- ter of Deeds 8127.39, VSO 1602.18, Sheriff 33395.38, Ambulance 18307.23, Li- brary 5423.21, Extension 4688.95, Soil Conservation 4199.69, Drainage 302.48, Planning & Zoning 4205.07, Highway 60090.39, 911 18074.80, Civil Defense 4086.61, 24/7 Sobriety 826.24. Motion by Schiefelbein, seconded by Bruning to adjourn the meeting at 11:56 AM. All voted “aye”. Kristina Krull Rick Veldkamp Moody County Auditor Moody County Commission Chairman Published once the approximate cost of $115 Moody County BoA Hearing _______________________ STATE OF SOUTH DAKOTA) COUNTY OF MOODY) :SS IN CIRCUIT COURT THIRD JUDICIAL CIRCUIT PRO. NO. 50PRO19-000003 NOTICE OF HEARING PETITION FOR FORMAL PROBATE OF WILL, APPOINTMENT OF PERSONAL REPRESENTATIVE AND NOTICE TO CREDITORS IN THE MATTER OF THE ESTATE OF MARY E. MYERS, DECEASED TO THE HEIRS, DEVISEES, LEGATEES AND NEXT OF KIN OF MARY E. MYERS, DECEASED, AND TO THE CREDITORS AND ALL PER- SONS HAVING CLAIMS AGAINST THE ESTATE AND ALL INTERESTED PERSONS WHO ARE UNKNOWN. NOTICE IS HEREBY GIVEN that an instrument purporting to be a copy of the Last Will and Testament of Mary E. Myers, deceased, has been filed with this Court, together with a petition of Formal Probate of said Will and ap- pointment of KEVIN MYERS as Per- sonal Representative and that Mon- day, the 15th day of April, 2019, at the hour of 1:15 p.m. of said day, in the Courtroom of the Courthouse in Flan- dreau, South Dakota, has been fixed by the Court as the time and place for hearing on said petition, when and where any person interested may ap- pear and contest the same. All persons having claims against said Estate are hereby notified to file the same with the Clerk of the above Court within four (4) months from the date of first publication of this notice or be forever barred. Dated at Flandreau, South Dakota, this 15th day of March, 2019. /s/ Kevin Myers, Petitioner 48379 222nd Street Elkton, South Dakota 57026 605-997-2954 Prepared by: John A. Shaeffer Attorney at Law 308 N Wind Street Flandreau, South Dakota 57028 605-997-3721 March 27, April 3-10, 2019) Published three times at a cost of $56.32 Notice of Hearing _______________________ Colman-Egan _______________________ COLMAN-EGAN SCHOOL DISTRICT #50-5 SCHOOL BOARD MEETING April 1, 2019 The Board of Education met in spe- cial session at 6:30pm in the Colman- Egan School Conference room. Mem- bers present were Taggart, Zwart, Fritz, Keyes and Bowen. Also, present Supt. Olson and Principal Hemmer. Pledge of Allegiance ACTION 04-0119-89 Motion by Bowen, second by Taggart to approve the agenda as amended: Add 6a- Supt. Report. All in favor. ACTION 04-0119-90 Motion by Keyes, second by Bowen to approve old student desks and chairs surplus at no value. All in favor. Supt. Report: Fire alarms went off at the school last weekend due to heat- er overheating. The issue has been fixed. Food Service Buying Group discussion. ACTION 04-0119-91 Motion by Fritz, second by Taggart to move into execu- tive session at 6:48pm for SDCL1-25- 2 (4) Negotiations, out at 9:19pm. All in favor. ACTION 04-0119-92 Motion by Tag- gart, second by Bowen to adjourn meeting at 9:20pm. All in favor. Next meeting - April 8, 2019 @ 6:00pm. Negotiations Meetings: April 2, 2019 @ 6:00pm – School Board, Ad- min. and CEEA. April 5th, 2019 @ 6:00pm – School Board, Admin. and CEEA. Luann Smith Business Manager Mary Beth Zwart, President Published once at the approximate cost of $15 COLMAN-EGAN SCHOOL DISTRICT #50-5 SCHOOL BOARD MEETING April 2, 2019 The Board of Education met in spe- cial session at 6:30pm in the Colman- Egan School Conference room. Mem- bers present were Taggart, Zwart, Fritz, Keyes and Bowen. Also, present Supt. Olson and Principal Hemmer. Pledge of Allegiance ACTION 04-0119-93 Motion by Tag- gart, second by Fritz to approve the agenda as presented. All in favor. ACTION 04-0119-94 Motion by Bowen, second by Keyes to move into executive session at 6:01pm for SDCL1-25-2 (4) Negotiations, out at 8:15pm. All in favor. ACTION 04-0119-92 Motion by Taggart, second by Keyes to adjourn meeting at 8:19pm. All in favor. Next meeting - April 8, 2019 @ 6:00pm. Luann Smith Business Manager Mary Beth Zwart, President Published once at the approximate cost of $10 Notice of RE Foreclosure _______________________ MOODY COUNTY BOARD OF ADJUSTMENT APRIL 2, 2019 The Moody County Board of Ad- justment met on Tuesday, April 2, 2019 at 9:10 AM in the Commision- er’s Room of the Courthouse. Mem- bers present: Rick Veldkamp, John Schiefelbein, Tom Ehrichs, Dan Miles, and Carla Bruning. Also present, al- ternate Brendan Sheppard, Commis- sion Assistant Marty Skroch, Moody County Auditor Kristina Krull, Moody County States Attorney Paul Lewis, Moody County Enterprise Brenda Wade-Schmidt, Moody County Con- servation District Harvey Shafer, applicant Dakota Superior Gilts I, LLC represented by Marty Rost and Jerry Baustian, Chad Williams, Cindy Kramer represented by Brian Dona- hoe, and three Moody County citi- zens. Motion by Bruning and second by Miles to approve the minutes of March 19th, 2019. All voted aye Motion by Ehrichs and second by Bruning to recuse John Schiefelbein from the Board of Adjustment and have his replacement Brendan Shep- pard step in. All voted aye. A motion by Miles and second by Bruning to remove from the table Conditional Use Application 2019-2 Dakota Superior Gilts I, LLC. A work session was held on Conditional Use Permit 2019-2 Class “A” CAFO for an expansion of a total of 648 head of nursery swine <55 lbs. at .1 AU factor, 1,272 head of swine up to 300 lbs at .3 AU factor, and 5,784 head of swine consisting of breeding, gestating and farrowing swine at .47 AU factor. To- tal Animal Unit count totaling 3,166. Applicant Dakota Superior Gilts I, LLC. Motion by Miles and second by Bruning to approve Conditional Use Permit 2019-2 with the conditions set out on the Letter of Assurance. All voted aye. Motion by Ehrichs and second by Miles to have alternant Brendan Sheppard step down and have John Schiefelbein resume his place back on the Board of Adjustment. Marty Rost and Jerry Baustian left the meeting. Brian Donahoe, Cindy Kramer, and 3 Moody County Citizens joined the meeting. Variance application 2019-3; Ap- plicant Chad Williams requested a 33’ variance for a home addition. Mo- tion by Schiefelbein and second by Ehrichs to approve variance 2019-3 granting a 33’ variance from the road centerline setback for a home addi- tion. All voted aye. Discussion on Kramer’s Livestock Auction, LLC current Letter of Assur- ance. Motion by Bruning and second by Shiefelbein to table discussion till May 7th, 2019 to possibly amend her current Letter of Assurance. All voted aye. Variance application 2018-9; Ap- plicant Thomas and Patricia Munk, along with Wade and Katie Luggar, have requested a one-year exten- sion on the current 2nd house quarter house variance. Motion by Ehrichs and second by Miles to grant a one- year extension on variance applica- tion 2018-9. All voted aye. Meeting adjourned. Kendra Eng Administrative official Published once the approximate cost of $20 Notice of Hearing for Vacating Road __________________________________________________________________________ JEFFERSON TOWNSHIP NOTICE OF HEARING ON PETITION FOR VACATION OF PUBLIC ROADWAY NOTICE IS HEREBY GIVEN that a Petition requesting that a certain public roadway be vacated in Jeffer- son Township, Moody County, South Dakota, pursuant to SDCL 31-3-6, as hereinafter specifically described has been received by the Board of Supervisors of Jefferson Township; that the Petition may be examined by contacting the Clerk of the Township at the address indicated below; that the specific description of the proper- ty being requested to be vacated is: The existing section line road right of way between Section 27 and 34, Jefferson Township, 107 North Range 50 West, Moody County, South Dakota. Therefore, notice is hereby given that the Board of Supervisors of Jef- ferson Township will hold a public hearing to consider the vacation of the above described public roadway; that such meeting will be held on Tuesday, the 16th day of April, 2019, at 10:00 AM at the location of the roadway proposed to be vacated as above described. Contact the clerk for appointment. That any persons interested in the proposed action may be present at said date and time and present their information, opinions, and/or arguments relative to the proposed action. Any persons unable to at- tend this hearing may deliver their written opinion for consideration by the Board of Supervisors, such tes- timony should be delivered prior to the date and time of the scheduled hearing by mailing or delivering the opinion to: Doug Entringer, Clerk of Jefferson Township, Moody County. Jefferson Township By Doug Entringer, Clerk (April 3-10, 2019) Published twice at the cost of $34.20
Transcript of Public Notices - Newz Group · 4/10/2019 · Motion by Miles, seconded by Bruning to resume...
Public NoticesPage 8 • Wednesday, April 10, 2019 Moody County Enterprise • Since 1878
STATE OF SOUTH DAKOTA)COUNTY OF MOODYIN CIRCUIT COURT
THIRD JUDICIAL CIRCUITNOTICE OF REAL ESTATE SALE
ON FORECLOSURECIVIL NUMBER: 50CIV18-000097
Citizens Bank, N.A.,Plaintiff,v. Ralph G. Oakey, Jr. and Anderson Velasquez and Gayle A. Velasquez, and any person in possession,Defendants.
A Non-Monetary Judgment of Fore-closure was entered in favor of Plaintiff and against Defendants, which judg-ment was filed with the Clerk of Courts of Moody County, South Dakota, on March 19, 2019, for the foreclosure of a real estate mortgage.
Notice is hereby given pursuant to said judgment that the real property described in the Real Estate Mortgage dated July 14, 2017, and recorded in the office of the Register of Deeds of Moody County, South Dakota, on July 18, 2017, as Instrument Number 170751. which Ralph G. Oakey, Jr. and Gayle A. Velasquez, mortgagor, executed and delivered to Mortgage Electronic Registration Systems, Inc. as nominee for Reliabank Dakota, its successors and assigns, mortgagee, for the property located at 709 West 2nd Avenue, Flandreau, SD 57028, and legally described as:
Lot Five (5) in Block Five (5) of Pet-tigrew & Bigelow’s Second Addition to Flandreau, Moody County, South Dakota
in order to realize the amount of $103,072.00 as of July 14, 2017, plus interest accruing thereafter on said amount, together with the costs and expenses of sale, will be sold subject to redemption as provided by law as one parcel of land at public auction, subject to easements and restrictions of record, to the highest bidder for cash under the direction of the Moody County Sheriff, at the main entrance of the Moody County Courthouse located at 101 East Pipestone Avenue, Flan-dreau, South Dakota 57028, on May 02, 2019 at 10:00 AM.
Dated this 26th day of March, 2019Sheriff of Moody County
s/s Troy WellmanHalliday, Watkins & Mann, P.C. By s/sZachary NesbitZachary NesbitAttorneys for Plaintiff376 East 400 South, Suite 300Salt Lake City, UT 84111Tel: 801-355-2886Email: [email protected]
CERTIFICATE OF SERVICEI certify that on April 1, 2019, a true and correct copy of the Notice of Fore-closure Sale was served by U.S. Mail, first-class postage prepaid, upon the following individuals: Ralph G. Oakey, Jr.709 West 2nd AvenueFlandreau, SD 57028
Anderson Velasquez20 Read Street, Apt. 16
Bridgeport, CT 06607Gayle A. Velasquez709 West 2nd AvenueFlandreau, SD 57028
Halliday, Watkins & Mann, P.C. By s/sZachary Nesbit
Zachary Nesbit(April 10-17, 2019)
Published twice at a cost of $59.51
Moody County_________________________________________________MOODY COUNTY UNAPPROVED MINUTES OF
April 2, 2019The Moody County Commissioners met in regular session on Tuesday, April
2, 2019 in the County Commissioners’ Room in the Courthouse at 9:00 AM, with the following members present: Chairman Rick Veldkamp, John Schiefelbein, Tom Ehrichs, Dan Miles, Carla Bruning and Kristina Krull, Auditor as Clerk of the Board. Also present Marty Skroch, Commission Assistant, Brenda Wade Schmidt, Moody County Enterprise, and Paul Lewis, States Attorney.
To the Honorable Board of County Commissioners, Moody County: I hereby submit the following report of my examination of the cash and cash
items in the hands of the County Treasurer of this County as of March 31, 2019, which includes money collected for schools, cities, townships and state:
Total amount of deposits in bank: $ 8,230.70Total amount of actual cash: $ 4,261.73Register of Deeds cash: $ 247.00Total amount of checks and drafts in Treasurer’s possession not exceeding 3 days: $ 33,503.38Outstanding Credit Card payments: $ 2,698.60Itemized list of all items, checks and drafts which have been in the treasurer’s possession over 3 days: $ 173.40First National Bank Flandreau CD $ 2,700,000.00First National Bank Flandreau Savings $ 1,434,642.79Flandreau First Savings Bank CD $ 1,675,000.00 TOTAL $ 5,858,757.60Dated this 3rd day of April, 2019Kristina KrullMoody County AuditorChairman Veldkamp called the meeting to order. Motion by Bruning, second-
ed by Miles to approve the agenda. All voted “aye”. Motion by Ehrichs, second-ed by Schiefelbein to approve the following consent agenda with all voting “aye”:
Minutes: March 19, 2019Motion by Miles, seconded by Ehrichs to adjourn to conduct business as the
Board of Adjustment at 9:05 AM. All voted “aye”. Motion by Miles, seconded by Schiefelbein to adjourn and to conduct business as the Joint Board of Commis-sioners and Planning at 9:59 AM. All voted “aye”. Kendra Eng, Zoning Adminis-trator reviewed one plat with the Board. Motion by Miles, seconded by Bruning to approve the following plat resolution, with all members voting “aye”:
COUNTY COMMISSION RESOLUTIONIt was moved by Miles, seconded by Bruning motion carried that the plat
of TRACT 2 OF ENTRINGER’S ADDITION IN THE NW1/4 OF SECTION 34-T107N-R50W OF THE 5TH P.M., MOODY COUNTY, SOUTH DAKOTA, as described above and hereon be approved and accepted and the Chairman is hereby instructed to endorse on such plat this resolution and to certify the same.
Rick VeldkampChairman, Board of CommissionersMoody County South Dakota
COUNTY AUDITOR CERTIFICATEI hereby certify that the above certificate of approval is true and correct includ-
ing the signature thereon. Dated this 2nd day of April, 2019.Kristina KrullCounty AuditorMoody County, South DakotaMotion by Ehrichs, seconded by Bruning to adjourn and resume regular ses-
sion at 10:03 AM. All voted “aye”.Terry Albers, Emergency Manager met with the Board. Motion by Miles, sec-
onded by Schiefelbein to approve the following resolution with all voting “aye”:RESOLUTION NO. 19040201
RESOLUTION DECLARING EMERGENCY/DISASTERWHEREAS, Moody County, South Dakota has suffered severe damages,
brought on by early spring flooding due to snow storms and excessive run-off associated with fast thaws and
WHEREAS, the following conditions exist in Moody County as a result of the disaster:
•Washed out roads•Culverts washed out •Soft roads due to setting waterWHEREAS, the following factors contributed to the damages in Moody Coun-
ty:•Ground moisture higher than normal going into winter •A large amount of snowfall this winter•Early rains that accelerated flooding•High flood waters on the Big Sioux RiverWHEREAS, Moody County has committed all available resources and taken
all possible actions within the jurisdiction boundaries to combat and alleviate the disaster, local resources are not adequate to cope with the situation.
NOW THEREFORE, BE IT RESOLVED: That the Board of County Commis-sioners of Moody County declare an emergency, and
BE IT FURTHER RESOLVED: That, in accordance with SDCL §7-18A-8, this Resolution shall become effective immediately upon passage; and
BE IT FURTHER RESOLVED: We, the Board of Commissioners of Moody County, respectfully petition the Governor of South Dakota and the President of the United States to provide with all dispatch and remedies proper state and/or federal assistance for the alleviation of this disaster/emergency.
Rick Veldkamp ATTEST: Kristina KrullChairman Moody County AuditorCommissioner Schiefelbein discussed with the Board the speed limit on High-
way 77. Also present Gordon Leraas, County Resident, Troy Wellman, Sheriff and Marc Blum, Highway Superintendent. Motion by Schiefelbein to lower the speed limit on Highway 77 beginning at 235th Street north to 220th Street from 60 to 55 miles per hour. Motion died for lack of a second.
Troy Wellman, Sheriff met with the Board. Motion by Bruning, seconded by Miles to approve the travel request for Troy Wellman, Sheriff to attend the Na-tional Sheriff’s Conference in Louisville, KY June 13-20, 2019. Voting “aye” 4 . Voting “nay” 1 . Motion passed. Motion by Ehrichs, seconded by Schiefelbein to accept the resignation of Logan Baldini, Deputy Sheriff, effective April 5, 2019. All voted “aye”. Motion by Bruning, seconded by Miles to accept the resignation of Gabriel Frias, Dispatcher, effective April 5, 2019. All voted “aye”. Motion by Miles, seconded by Bruning to advertise to hire a Deputy Sheriff and Dispatcher. All voted “aye”. Motion by Ehrichs, seconded by Schiefelbein to hire Kelston VanDyke, Dispatcher, at Grade 11/Step A $14.80/hour, effective April 2, 2019. All voted “aye”.
Marc Blum, Highway Superintendent met with the Board. Blum informed the Board Moody County was awarded the Bridge Improvement Grant to replace the Christenson/Scofield Bridge 51-120-044. Discussion was held on Bennett Bridge 51-177-030 and weight limits. Motion by Miles, seconded by Schiefelbein to keep the old weight limit calculations on bridge 51-177-030 thus leaving it legal. All voted “aye”. Motion by Bruning, seconded by Miles to authorize Chair-man Veldkamp to sign the 2019 Striping agreement. All voted “aye”.
Motion by Schiefelbein, seconded by Ehrichs to enter into executive session at 11:24 AM, pursuant to SDCL 1-25-2. Reason: Personnel. All voted “aye”. Motion by Miles, seconded by Bruning to resume regular session at 11:38 AM. All voted “aye”.
The following reports were received and filed in the Auditor’s Office: Register of Deeds fees $6148.00, Civil fees $1808.60.
Motion by Ehrichs, seconded by Miles to approve the following claims and issue warrants, all voted “aye”: General: A&B Business, supplies 162.91, Avera Flandreau Medical Center, county nurse/supplies 3179.86, Booster, publications 224.00, Bound Tree Medical, supplies 203.86, Bruning & Lewis Law Firm, 1st half of April 2913.84, City of Flandreau, utilities 2058.79, Manuel Decastro Jr., ct apt atry 891.90, Eng Services, solid waste disposal 340.00, Fedex, supplies 13.00, First Bankcard, supplies 1014.71, Gabriel Frias, interpreter 150.00, Gov-ernment Forms & Supplies, supplies 34.00, John Schiefelbein, travel reimburse-ment 21.00, Kibble Equipment, repairs 446.93, Krull’s Garage, repairs 176.91, Lee Johanson, refund 297.99, Marco Inc., supplies 429.00, Matheson Tri-Gas, supplies 139.01, MidAmerican Energy, natural gas 1591.80, Minnehaha County Auditor, services 373.30, Nancy Nelson, ct apt atry, service 1676.60, Patricia Hartsel, transcripts 186.20, Bob Pesall, ct apt atry 4600.00, Physician’s Claims Company, services 6260.55, Ribstein & Hogan Law Firm, ct apt atry, service, 775.24, SD Achieve, services 180.00, SDACC, services 3044.00, SDAE4-H, travel 26.00, SDSU 4H Dept., travel 28.00, SDSU Extension, 4-H salary, 8008.00, Shane Parker, travel reimbursement 79.00, Sturdevant’s Auto Supply, 50.76, Tyler Lumber Co., supplies 856.97, Unger Law Office, ct apt atry 5027.50, United Laboratories, supplies 538.27, Vast, utilities 1120.45, Verizon Wireless, mobile broadband 240.08. Highway: City of Flandreau, utilities 1216.04, Claflin Excavating, snow removal 23175.00, Dakota Alignment, repairs 2232.96, Eng Services, solid waste 100.00, Graham Tire, tires 2353.45, Greg’s Welding, re-pairs 201.70, I-State Truck Center, repairs 204.83, Kimball Midwest, supplies 259.67, MidAmerican Energy, natural gas 640.24, Napa Auto Parts, repairs 960.75, Power’s Oil Co., gasoline 732.00, Quality Oil, oil 998.39, RDO Equip-ment, repairs 527.76, Sturdevant’s, repairs 48.86, Tyler Lumber Co., supplies 813.83, Vast, utilities 300.34. 911: Century Link, utilities 382.17, Vast, utilities 9.29. Emergency Management: City of Flandreau, utilities 34.51, Krull’s Garage, oil change 186.27, Vast, utilities 37.16. 24/7 Sobriety: First Bankcard, supplies 4.26, Mod & Pres Relief Fund: Tyler Technologies Inc., supplies 2884.80. State Remittance: State Treasurer, motor vehicle 143818.77. State 24/7 Fund: SD At-torney General, SCRAM 754.00. March Payroll by Department: Commissioner 13607.37, Auditor 10432.87, Treasurer 13701.64, States Attorney 13691.10, General Government Building 4830.94, Director of Equalization 7678.53, Regis-ter of Deeds 8127.39, VSO 1602.18, Sheriff 33395.38, Ambulance 18307.23, Li-brary 5423.21, Extension 4688.95, Soil Conservation 4199.69, Drainage 302.48, Planning & Zoning 4205.07, Highway 60090.39, 911 18074.80, Civil Defense 4086.61, 24/7 Sobriety 826.24.
Motion by Schiefelbein, seconded by Bruning to adjourn the meeting at 11:56 AM. All voted “aye”.
Kristina Krull Rick VeldkampMoody County Auditor Moody County Commission Chairman
Published once the approximate cost of $115
Moody County BoA Hearing_______________________
STATE OF SOUTH DAKOTA)COUNTY OF MOODY) :SS
IN CIRCUIT COURTTHIRD JUDICIAL CIRCUIT
PRO. NO. 50PRO19-000003 NOTICE OF HEARING PETITION
FOR FORMAL PROBATE OF WILL, APPOINTMENT OF PERSONAL
REPRESENTATIVE AND NOTICE TO CREDITORS
IN THE MATTER OF THE ESTATE OF MARY E. MYERS,
DECEASEDTO THE HEIRS, DEVISEES,
LEGATEES AND NEXT OF KIN OF MARY E. MYERS, DECEASED, AND TO THE CREDITORS AND ALL PER-SONS HAVING CLAIMS AGAINST THE ESTATE AND ALL INTERESTED PERSONS WHO ARE UNKNOWN.
NOTICE IS HEREBY GIVEN that an instrument purporting to be a copy of the Last Will and Testament of Mary E. Myers, deceased, has been filed with this Court, together with a petition of Formal Probate of said Will and ap-pointment of KEVIN MYERS as Per-sonal Representative and that Mon-day, the 15th day of April, 2019, at the hour of 1:15 p.m. of said day, in the Courtroom of the Courthouse in Flan-dreau, South Dakota, has been fixed by the Court as the time and place for hearing on said petition, when and where any person interested may ap-pear and contest the same.
All persons having claims against said Estate are hereby notified to file the same with the Clerk of the above Court within four (4) months from the date of first publication of this notice or be forever barred.
Dated at Flandreau, South Dakota, this 15th day of March, 2019.
/s/ Kevin Myers, Petitioner48379 222nd Street
Elkton, South Dakota 57026605-997-2954
Prepared by:John A. ShaefferAttorney at Law308 N Wind StreetFlandreau, South Dakota 57028605-997-3721
March 27, April 3-10, 2019)Published three times at a cost of $56.32
Notice of Hearing_______________________
Colman-Egan_______________________COLMAN-EGAN SCHOOL
DISTRICT #50-5SCHOOL BOARD MEETING
April 1, 2019The Board of Education met in spe-
cial session at 6:30pm in the Colman-Egan School Conference room. Mem-bers present were Taggart, Zwart, Fritz, Keyes and Bowen. Also, present Supt. Olson and Principal Hemmer.
Pledge of AllegianceACTION 04-0119-89 Motion by
Bowen, second by Taggart to approve the agenda as amended: Add 6a- Supt. Report. All in favor.
ACTION 04-0119-90 Motion by Keyes, second by Bowen to approve old student desks and chairs surplus at no value. All in favor.
Supt. Report: Fire alarms went off at the school last weekend due to heat-er overheating. The issue has been fixed. Food Service Buying Group discussion.
ACTION 04-0119-91 Motion by Fritz, second by Taggart to move into execu-tive session at 6:48pm for SDCL1-25-2 (4) Negotiations, out at 9:19pm. All in favor.
ACTION 04-0119-92 Motion by Tag-gart, second by Bowen to adjourn meeting at 9:20pm. All in favor.
Next meeting - April 8, 2019 @ 6:00pm.
Negotiations Meetings: April 2, 2019 @ 6:00pm – School Board, Ad-min. and CEEA.
April 5th, 2019 @ 6:00pm – School Board, Admin. and CEEA.
Luann Smith Business ManagerMary Beth Zwart, PresidentPublished once at the approximate cost of $15
COLMAN-EGAN SCHOOLDISTRICT #50-5
SCHOOL BOARD MEETINGApril 2, 2019
The Board of Education met in spe-cial session at 6:30pm in the Colman-Egan School Conference room. Mem-bers present were Taggart, Zwart, Fritz, Keyes and Bowen. Also, present Supt. Olson and Principal Hemmer.
Pledge of AllegianceACTION 04-0119-93 Motion by Tag-
gart, second by Fritz to approve the agenda as presented. All in favor.
ACTION 04-0119-94 Motion by Bowen, second by Keyes to move into executive session at 6:01pm for SDCL1-25-2 (4) Negotiations, out at 8:15pm. All in favor.
ACTION 04-0119-92 Motion by Taggart, second by Keyes to adjourn meeting at 8:19pm. All in favor.
Next meeting - April 8, 2019 @ 6:00pm.
Luann Smith Business ManagerMary Beth Zwart, PresidentPublished once at the approximate cost of $10
Notice of REForeclosure_______________________
MOODY COUNTYBOARD OF ADJUSTMENT
APRIL 2, 2019The Moody County Board of Ad-
justment met on Tuesday, April 2, 2019 at 9:10 AM in the Commision-er’s Room of the Courthouse. Mem-bers present: Rick Veldkamp, John Schiefelbein, Tom Ehrichs, Dan Miles, and Carla Bruning. Also present, al-ternate Brendan Sheppard, Commis-sion Assistant Marty Skroch, Moody County Auditor Kristina Krull, Moody County States Attorney Paul Lewis, Moody County Enterprise Brenda Wade-Schmidt, Moody County Con-servation District Harvey Shafer, applicant Dakota Superior Gilts I, LLC represented by Marty Rost and Jerry Baustian, Chad Williams, Cindy Kramer represented by Brian Dona-hoe, and three Moody County citi-zens.
Motion by Bruning and second by Miles to approve the minutes of March 19th, 2019. All voted aye
Motion by Ehrichs and second by Bruning to recuse John Schiefelbein from the Board of Adjustment and have his replacement Brendan Shep-pard step in. All voted aye.
A motion by Miles and second by Bruning to remove from the table Conditional Use Application 2019-2 Dakota Superior Gilts I, LLC. A work session was held on Conditional Use Permit 2019-2 Class “A” CAFO for an expansion of a total of 648 head of nursery swine <55 lbs. at .1 AU factor, 1,272 head of swine up to 300 lbs at .3 AU factor, and 5,784 head of swine consisting of breeding, gestating and farrowing swine at .47 AU factor. To-tal Animal Unit count totaling 3,166. Applicant Dakota Superior Gilts I, LLC. Motion by Miles and second by Bruning to approve Conditional Use Permit 2019-2 with the conditions set out on the Letter of Assurance. All voted aye.
Motion by Ehrichs and second by Miles to have alternant Brendan Sheppard step down and have John Schiefelbein resume his place back on the Board of Adjustment.
Marty Rost and Jerry Baustian left the meeting.
Brian Donahoe, Cindy Kramer, and 3 Moody County Citizens joined the meeting.
Variance application 2019-3; Ap-plicant Chad Williams requested a 33’ variance for a home addition. Mo-tion by Schiefelbein and second by Ehrichs to approve variance 2019-3 granting a 33’ variance from the road centerline setback for a home addi-tion. All voted aye.
Discussion on Kramer’s Livestock Auction, LLC current Letter of Assur-ance. Motion by Bruning and second by Shiefelbein to table discussion till May 7th, 2019 to possibly amend her current Letter of Assurance. All voted aye.
Variance application 2018-9; Ap-plicant Thomas and Patricia Munk, along with Wade and Katie Luggar, have requested a one-year exten-sion on the current 2nd house quarter house variance. Motion by Ehrichs and second by Miles to grant a one-year extension on variance applica-tion 2018-9. All voted aye.
Meeting adjourned.Kendra EngAdministrative official
Published once the approximate cost of $20
Notice of Hearing for Vacating Road__________________________________________________________________________JEFFERSON TOWNSHIPNOTICE OF HEARING ON
PETITION FOR VACATION OFPUBLIC ROADWAY
NOTICE IS HEREBY GIVEN that a Petition requesting that a certain public roadway be vacated in Jeffer-son Township, Moody County, South Dakota, pursuant to SDCL 31-3-6, as hereinafter specifically described has been received by the Board of Supervisors of Jefferson Township; that the Petition may be examined by contacting the Clerk of the Township at the address indicated below; that
the specific description of the proper-ty being requested to be vacated is:
The existing section line road right of way between Section 27 and 34, Jefferson Township, 107 North Range 50 West, Moody County, South Dakota.
Therefore, notice is hereby given that the Board of Supervisors of Jef-ferson Township will hold a public hearing to consider the vacation of the above described public roadway; that such meeting will be held on Tuesday, the 16th day of April, 2019, at 10:00 AM at the location of the roadway proposed to be vacated as above described. Contact the clerk for appointment.
That any persons interested in the proposed action may be present at said date and time and present their information, opinions, and/or arguments relative to the proposed action. Any persons unable to at-tend this hearing may deliver their written opinion for consideration by the Board of Supervisors, such tes-timony should be delivered prior to the date and time of the scheduled hearing by mailing or delivering the opinion to: Doug Entringer, Clerk of Jefferson Township, Moody County.
Jefferson TownshipBy Doug Entringer, Clerk
(April 3-10, 2019)Published twice at the cost of $34.20
