AFFIDAVIT OF PUBLICATION - Groton Independent

AFFIDAVIT OF 

PUBLICATION 

STATE OF SOUTH DAKOTA § 

COUNTY OF BROWN § 

Before me, the undersigned authority, on this day personally appeared Tina Kosel, who 

being by me duly sworn, deposes and says that she is the office manager of the Groton 

Independent; that said newspaper is a newspaper of general circulation in Groton, 

Brown County, South Dakota; and that this notice was published in said newspaper on 

the following date(s): 

Brown County 

Ord. 402 published Jan. 3 and Jan. 10, 2012 for $26.59 

Subscribed and sworn to before me this the 

10th Day of January 2012 

______________________________ 

Newspaper Representative’s Signature 

to certify which witness my hand and seal of office. 

_____________________________ 

Notary Public in and for the State of South Dakota 

(Seal) 

Paul I. Kosel 

Print or Type Name of Notary Public 

My Commission Expires January 19, 2012 

Bond Number: 7900637768

Your 

Right 

To 

Know 

Miscellaneous 

Claremont Town 

Brown County 

Groton City 

Butler Town 

Groton Area School 

Frederick Area School 

Town of Frederick 

Columbia City 

Westport Town 

Brown 

County 

Ord. 402 

Rezoning 

Hearing 

NOTICE OF JOINT HEARING 

OF THE ABERDEEN CITY COUN- 

CIL AND THE BROWN COUNTY 

COMMISSION REGARDING A 

PETITION TO REZONE CERTAIN 

PROPERTY. 

A public hearing will be held 

by the Aberdeen City Council and 

Brown County Commission on 

the 23rd day of January 2012, 

beginning at 5:30 p.m. in the 

City Council Chambers, 123 S. 

Lincoln St., to consider the Petition 

filed by Robert L. King, David 

Osborn, Diana Daly and Kelvin 

Boschee to amend Ordinance 

No. 1164 to rezone the following 

described property from its present 

zoning designation of Section 

7041 (r-2) Medium Density Residential 

District to Section 714 

(M-AG) Mini-Agricultural District, 

said property being described as 

follows: 

Lot 13A, 17, 19A, 20 and 22, 

DOK-B Subdivision in the SE 

1/4 of Section 22-T123N-R64W 

of the 5th P.M., Brown County, 

South Dakota. 

The public is invited to attend 

the hearing and to present 

testimony and comments pertaining 

to the Petition ot Amend 

Ordinance No. 1164 to rezone 

the above described property. 

At the conclusion of the hearing, 

the council and commission may 

adopt first reading of Ordinance 

#12-01-02/402 granting Petition 

to Amend Ordinance No. 

1164 and granting the Petition 

to Rezone said property. 

Dated this 27th day of December 

2011. 

ATTEST: Karl Alberts, Finance 

Officer 

Maxine Fischer, Brown County 

Auditor 

(0103/0110) 

Published twice at the total 

approximate cost of 26.59. 

Brown 

County 

Vacate 

Right-of 

Way 

NOTICE OF JOINT HEARING 

OF THE ABERDEEN CITY COUN- 

CIL AND THE BROWN COUNTY 

COMMISSION REGARDING A 

PETITION TO REZONE CERTAIN 

PROPERTY. 

A public hearing will be held 

by the Aberdeen City Council and 

Brown County Commission on 

the 23rd day of January 2012, 

beginning at 5:30 p.m. in the 

City Council Chambers, 123 S. 

Lincoln St., on the petition to vacate 

the public right-of-way filed 

by Stephen L. Bieckler, Daniel 

Brenner, Cindy Moser and Scott 

Brunmeister for the vacation of 

the public right-of-way described 

as follows: 

The entire portion of East 

Drive Public Right-Of-Way extending 

from the East property 

line of Lot 1A, Premack Replat 

of Lot 1 of Premacks Third Subdivision 

extending East to Lot 3, 

Premacks Second Subdivision, all 

located in the NW 1/4 of Section 

14T123N-R64W of the 5th P.M., 

Brown County, South Dakota. 

The public is invited to attend 

the hearing on the petition to 

vacate the public right-of-way 

and to present comments and 

testimony regarding said petition. 

At the conclusion of the 

hearing, each board may approve 

a resolution granting the 

petition to vacate the public 

right-of-way. 

Dated this 27th day of December 

2011. 

ATTEST: Karl Alberts, Finance 

Officer 

Maxine Fischer, Brown County 

Auditor 

(0103/0110) 

Published twice at the total 

approximate cost of 25.11. 

Brown 

County 

Dec. 27 

General 

Meeting 

DECEMBER 27, 2011 – GEN- 

ERAL MEETING 

Meeting called to order by 

Chairman Sutton at 8:45 a.m. 

in the Commissioner’s Chambers, 

Courthouse Annex, Brown 

County, SD. Present were Commissioners 

Hansen, Elliott, Fischbach 

and Wiese. Chairman Sutton 

led the Pledge of Allegiance. 

MINUTES: Moved by Hansen, 

seconded by Elliott to approve 

the General Meeting minutes of 

December 20, 2011. All members 

present voting aye. Motion 

carried. 

CLAIMS: Moved by Hansen, 

seconded by Elliott to approve 

the following claims, as 

amended: 

Supplies: A&B Business 

$311.98, Aberdeen Plumbing/ 

Heating $243.33, Active Data 

$300.28, Ameripride $195.41, 

B&B Contracting $4387.76, 

Sheriff of Barron County $50.00, 

Best Business $133.32, Butler 

Machinery $661.71, Carquest 

$1324.94, Cartney Bearing 

$8.80, City of Groton $73.63, 

Common Sense Mfg $2680.00, 

Crawford Trucking $2825.19, 

Custom Glass $50.00, Dakota 

Electronics $1169.05, Dakota 

Fluid Power $823.39, Dakota 

Oil $3266.18, DSG $895.07, 

Dex Media $48.00, Economy 

Propane $997.00, Farm Power 

$94.99, Fastenal $25.31, 

Frey’s Electronics $352.27, Full 

Circle Ag $2393.43, GCR Tire 

Center $691.40, Glas Consulting 

$146.25, Great Western 

Tire $4256.39, GovConnection 

$58.17, H J Industries $1611.70, 

Holland Auto $39.86, Interior Design 

$132.80, J Gross $177.31, 

Jason’s Electric $1000.00, Kesslers 

$56.77, Kleins $60.96, 

Lar-Jos $1366.78, Leidholt Elec 

$123.61, Mac’s $182.98, Menards 

$121.99, Metro Fire $430.03, 

Midstates Printing $329.70, 

Midwest Alarm $676.65, Diane 

Mielke $84.21, Nelson Sales 

$10.00, North Central Farmers 

Elev $2639.37, Performance Oil 

$143.00, Pizza Ranch $60.00, 

Pomps Tire $41.50, Powerplan 

$39.99, Pro Ag Supply $381.44, 

Quality Welding $166.00, Race 

West $1837.75, Riverside Twp 

$464.80, Runnings $138.45, 

SD Dept of Rev $1472.00, SD- 

DOT $6154.91, SD Unified Judicial 

System $10.00, Sewing 

Shoppe $27.00, Sheehan 

Mack Sales $874.23, Sivertsen 

Tech $14,537.00, TruNorth Steel 

$5720.00, Tyler Tech $10,161.18, 

West Payment Cntr $2127.95, 

US Bank $10,172.05, Ehresmann 

Engineering $1250.00, 

Intoximeters $2000.00, Langs 

$45.00, Bonnie Bitz $24.00, 

CMRS $5000.00: 

Transcriptions: Kristi Brandt 

$251.80, Tammy Erickson 

$159.00, Slowey Court Reporting 

$110.00: 

Publications: American News 

$455.17, Dakota Press $1061.84, 

Groton Ind $204.01: 

Travel: Stan Beckler $15.54, 

Darwin Bettmann $11.10, Burt 

Elliott $138.91, Tom Fischbach 

$299.70, Kathy Fischer $105.82, 

Duane Jark $39.96, Patrick Keatts 

$17.76, Troy Knecht $28.86, 

Dale Kurth $28.12, Barry Kusler 

$27.75, Leo Lesher $183.15, 

Gene Loeschke $48.47, Russell 

Metz $277.87, David North 

$84.36, Jerry Streckfuss $28.86, 

Duane Sutton $186.11, Sherry 

Theobald $14.43, Dennis Wiedebush 

$26.64, Michael Wiese 

$87.44: 

Professional Fees: Avera St 

Lukes $4197.67, NE Mental 

Health Center $27,655.99, Pennington 

County Jail $309.60, 

Mark Reedstrom $1715.80, Kristi 

Spitzer $425.00, Karen Swanda 

$15.00, Donna Dietrich $148.94, 

Denise Cody $15.00, Weill Cornell 

Physicians $137.06, Dakota 

Imaging $425.09, Aberdeen Adv 

Care $100.19: 

Utilities: A-1 Sanitation 

$668.20, Midcontinent Cable 

$210.26, Montana Dakota 

$31.67, Northwestern Energy 

$1173.73, AT&T $2087.08, WEB 

$68.91, Century Link $43.80: 

Care of Poor: Dr/Hospital(3 

recipients) Avera St Lukes 

$18591.46, Northern Plains OMS 

$65.00, Orthopedic Surgery Spec 

$57.03; Transportation (1 recipient) 

Brown County $38.32; Rent 

(5 recipients) Eisenbeis Mobile 

Home Court $160.00, Gerharter 

Realtors $320.00, Keith Gerving 

$200.00, Hunstad Rentals 

$260.00, Park Village $268.10; 

Utilities (1 recipient) NWPS 

$300.00. All members present 

voting aye. Motion carried. 

PERSONNEL: Moved by Fischbach, 

seconded by Wiese to 

acknowledge the following miles 

driven and amount to be taxed 

for personal use of County vehicles 

during the months of May, 

June, July, August, September, 

October and November 2011: 

Jan Weismantel – 518.4 @ 

$264.38, Markcus Selzler – 854 

@ $435.54, Kendell Titze – 786 

@ $400.86, Mark Wendt 2208 @ 

$1126.08, Michael Scott – 1120 

@ $571.20. All members present 


Moved by Wiese, seconded by 

Elliott to approve employee status 

change for Lynn Heupel from 

part-time to full-time Deputy 

Auditor, effective December 25, 

2011 at $12.20 per hour. All 

members present voting aye. 

Motion carried. 

PLATS: Commissioner Fischbach 

offered the following Resolution: 

RESOLUTION #106-11. 

BE IT RESOLVED by the Board of 

County Commissioners of Brown 

County, SD, that the plat showing 

“Lance Hanson Conservation 

Easement Tract 1 in the S ½ SE 

¼ Sec 20-T125N-R61W of the 

5th P.M., Brown County, SD”, 

having been examined, is hereby 

approved in accordance with the 

provisions of SDCL 11-3, and any 

amendments thereof. Seconded 

by Commissioner Wiese. Roll call 

vote: Commissioners Hansenaye, 

Elliott-aye, Fischbach-aye, 

Wiese-aye, Sutton-aye. Resolution 

adopted. Commissioner 

Fischbach offered the following 

Resolution: RESOLUTION #107- 

11. BE IT RESOLVED by the 

County Commission of Brown 

County, SD, that the plat showing 

“L & J Homesite Subdivision 

in SW ¼ Sec 20-T125N-R60W 

of the 5th P.M., Brown County, 

SD”, having been examined, is 

hereby approved in accordance 

with the provisions of SDCL of 

1967, Chapter 11-3, and any 

amendments thereof. Seconded 

by Commissioner Wiese. Roll call 

vote: Commissioners Hansenaye, 

Elliott-aye, Fischbach-aye, 

Wiese-aye, Sutton-aye. Resolution 

adopted. Commissioner 

Fischbach offered the following 

Resolution: RESOLUTION #108- 

11. BE IT RESOLVED by the 

Board of County Commissioners 

of Brown County, SD, that the 

plat showing “Walter’s Second 

Subdivision in the SE ¼ of Sec 

13-T123N-R62W of the 5th P.M., 

Brown County, SD”, having been 

examined, is hereby approved in 

accordance with the provisions 

of SDCL of 1967, Chapter 11-3, 

and any amendments thereof. 

Seconded by Commissioner 

Wiese. Roll call vote: Commissioners 

Hansen-aye, Elliottaye, 

Fischbach-aye, Wiese-aye, 

Sutton-aye. Resolution adopted. 

VACATE PLAT – SET HEAR- 

ING: Moved by Elliott, seconded 

by Wiese to set hearing date to 

consider petition to vacate the 

following plat: Kendall Stoddard 

Conservation Easement Tract 1 

in the NE ¼ and NW ¼ of Sec 


Brown County, SD (108th Street), 

to be held in the Commissioner’s 

Chambers, Courthouse Annex, 

Brown County, South Dakota at 

8:45 A.M. on January 17, 2012. 

All members present voting aye. 


SET HEARING DATE: Moved 

by Wiese, seconded by Elliott 

to set joint public hearing before 

the Aberdeen City Council 

and Brown County Commission 

to consider Ordinance #12- 

01-02/402, An Ordinance to 

amend Ordinance No. 1164 to 

rezone the following described 

property from its present zoning 

designation of Section 704 (R- 

2) Medium Density Residential 

District to Section 714 (M-AG) 

Mini-Agricultural District: Lots 

13A, 18, 19A, 20 and 22, DOK-B 

Subdivision in the SE ¼ of Sec 


Brown County, SD, to be held on 

January 23, 2012 at 5:30 p.m. 

in the Aberdeen City Council 

Chambers, 123 S Lincoln Street, 

Aberdeen, SD, at which time 

each board may adopt first reading 

of Ordinance #12-01-02/402. 




Elliott to set joint public hearing 

before the Aberdeen City Council 

and Brown County Commission 

regarding a petition filed 

by Stephen L Bieckler, Daniel 

Brenner, Cindy Moser and Scott 

Brunmaier for the vacation of the 

public right-of-way described as 

follows: The entire portion of 

East Drive Public Right-Of-Way 

extending from the East property 

line of Lot 1A, Premack Replat of 

Lot 1 of Premacks Third Subdivision 

extending East to Lot 3, 

Premacks Second Subdivision, 

all located in the NW ¼ of Sec 

14-T123N-R64W, Brown County, 

SD, to be held on January 23, 

2012 at 5:30 p.m. in the Aberdeen 

City Council Chambers, 123 

S Lincoln Street, Aberdeen, SD, 

at which time each board may 

approve a resolution granting 

the petition to vacate the public 

right-of-way. All members present 


AGREEMENT: Moved by Wiese, 

seconded by Fischbach to 

approve and authorize the Chairman 

sign Service Agreement to 

provide Cafeteria Plan outsourcing 

with Eide Bailly Employee 

benefits effective January 1, 

2012. All members present voting 

aye. Motion carried. 

GRANT AGREEMENT LAND- 

FILL: Moved by Wiese, seconded 

by Fischbach to approve and 

authorize the Chairman sign SD 

Regional Landfill Appropriation 

Funding Agreement in amount 

of $427,500 (total @ $855,000) 

with the Department of Environment 

and Natural Resources 

(DENR) for purchase of a dozer 

for the Brown County Landfill. 



WEB SITE: John McQuillen 

and Paul Sivertsen discussed requesting 

quotes for servicing the 

County Web Site, to be reviewed 

on Febuary 7, 2012. 

HIGHWAY UPDATE: Jan Weismantel, 

Highway Superintendent 

discussed weight limits on 

county roads. 

EXECUTIVE SESSION: Moved 

by Wiese, seconded by Hansen 

to go into executive session to 

discuss contract with Kim Dorsett 

and Paul Sivertsen in attendance. 


Motion carried. The Chairman 

declared the executive session 

closed, with no action taken as 

a result of the discussion. 

INCREASE SPENDING AU- 

THORITY/ESTIMATED REVE- 

NUE: Moved by Wiese, seconded 

by Elliott to increase spending 

authority and estimated revenue 

in the following funds for 

unanticipated reimbursement 

for expenditures: Fund #101- 

5.523.426.52 @ $13,244.58, 

#101-4.373@ $13,244.58 (Insurance 

reimbursement); #101- 

5.523.426 @ $24,000.00, #101- 

4.365 @ 24,000.00 (Donation); 

#101-5.211.411 @ $21,395.77, 

#101-5.412.10 @ $1,326.55, 

#101-5.211.412.20 @ $310.25, 

#101-5.211.413 @ $1,711.65, 

#101-4.331.90 @ $24,744.22 

(Highway Safety Grant); #234- 

5.615.429 @ $62.50, #234- 

4.334.03 @ $62.50 (Weed & 

Pest Grant); #207-5.225.426 

@ $31,810.00, #207-4.339 @ 

$31,810.00 (E911 Enhancement); 

#226-5.222.426 @ 

$9,549.00, #226-5.222.422 @ 

$146,220.85, #226-4.331.01 

@ $104,207.35, #226-4.339 

@ $51,562.50 (SLA); #226- 

5.228.426 @ $156,788.38, 

#226-5.228.426.22 @ 

$2,385.00, #226-5.228.427.05 

@ $13,148.55, #226-5.228.434 

@ $12,765.14, #226-4.331 @ 

$185,087.07 (Homeland Security); 

#201-5.311.425 @ 

$855,158.88, #201-4.331.02 

@ $340,648.36, #201-4.334 

@ $45,419.78 (FEMA), #201- 

4.331.20 @ $469,090.74 (ER). 



CONTINGENCY TRANSFERS: 

Moved by Wiese, seconded 

by Elliott to approve the following 

Contingency Transfers: 

increase spending authority (no 

cash): Fund #101: 130 Courts 

@ $6,200.00, 141 Auditor @ 

$85,167.03, 143 Data Processing 

@ $97,750.00, 153 Court 

Appointed Legal @ $19,900.74, 

213 Coroner @ $3,457.46, 441 

Mentally Ill @ $13,484.10, 522 

Parks @ $5,900.00, 523 Fairgrounds 

@ $9,240.67, Fund 

#207: 225 Communications @ 

$8,900.00; reduce spending 

authority (no cash) 101-112- 

422.99 @ $250,000.00. All 

members present voting aye. 


BUDGET SUPPLEMENT: 


Elliott to approve the following 

Budget Supplements for year 

2011: Fund #101-5.524.426 

@ $79,000.00 (Odde Building 

payment budgeted in Commission); 

Fund #101-5.523.426 

@ $170,900.00 (Insurance 

proceeds not received), to be 

funded by current revenue in 

Fund #101. All members present 


OPERATING TRANSFER: 

Moved by Wiese, seconded by Elliott 

to approve and authorize the 

following operating transfer in 

total amount of $1,000,000.00, 

as reflected in the 2011 General 

Fund #101 Budget (101-911- 

191) 1,000,000.00 to Highway 

Fund #201-371. All members 

present voting aye. Motion 

carried. 

ADJOURN: Moved by Wiese, 

seconded by Hansen to adjourn 

the Brown County Commission. 


Motion carried. Maxine Fischer, 

Brown County Auditor 

Published once at the total 

approximate cost of $101.66. 

Professional Directory 

FARM RELATED 

209 11th St. N. ~ Ellendale, ND 

701/349-5336 1-877-949-5336 

www.dakotariskmanagement.com 

Farm Marketing Consultant 

Michelle Colestock-Muilenburg 

23 North Main Street ~ Groton, SD 57445 

FUNERAL DIRECTOR 

MEDICAL 

Dr. Geoffrey Rath - Optometrist 

Eye Exams Glaucoma Tests Rx’s Filled 

- All Types Contact Lenses - 

Doctor here Mondays Only - Office open Thursdays. 

701-349-3223 to make appointments & adjustments 

Hours at Ellendale, N.D. are: 

Monday 9 - 12 & 1 - 5 Thursday 1:00 - 4:00 

Mark Malmberg, DDS 

19 North 6th St. 

Oakes, N.D. 

701-742-3401 

HOUSEHOLD 

Dakota Brush 

Brooms, Brushes, Mops, Can Liners, Paper Products. 

New metered air freshners. 

Refill scents by Yankee Candle! 

397-9337 

104 N. Main, Groton 

397-2299 

Britton 

605/448-5162 

CONSTRUCTION 

HC Doors 

Aberdeen 225-3631 

www.holtey.com 

Commercial & Residental Overhead Doors 

Openers Remotes Parts Repairs 

Emergency Service Sales Installation 

Russell D Holtey - Owner 

13556 400th Ave., Groton SD 57445 

Allen McKiver, Owner ~ 605/397-4404 

Groton Independent ◊ Tues., Jan. 10, 2012 ◊ 7

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