Minnehaha County

Minnehaha County

____ Notice of Hearing ____

Notice is hereby given that at a meeting of the Minnehaha County Planning Commission will be held at 7:00 p.m. on May 18, 2020 in the Commission Room (2nd Floor) of the County Administration Building, 415 N Dakota Ave., Sioux Falls, SD., and remotely through the online meeting room at www.zoom.us with the meeting ID 728 439 8039,  there will be a public hearing as part of the regularly scheduled Planning Commission meeting to consider the following amendment to the 1990 Revised Zoning Ordinance for Minnehaha County.  

REZONE from the A-1 Agriculture District to C Commercial District.

LEGAL DESCRIPTION: Tract 3 Wold Tracts (Ex H-1) in the NW1/4 NW1/4, Section 27-T103N-R49W, Minnehaha County, SD.

LOCATION OF SUBJECT PROPERTY:  25406 475th Avenue

AT THE ABOVE TIME AND PLACE all interested persons will be given full, fair and complete hearing thereon.

Meeting Assistance:  Accommodations for meetings will be provided for persons with disabilities upon request.  Please contact the County Commission Office at (605) 367-4206 (Voice or TDD) 24 hours in advance of the meeting.

Published May 6, 2020 at the approximate price of $10.75

____ Notice of Meeting ____

THE MINNEHAHA COUNTY COMMISSION CONVENED AT 9:00 A.M. April 28, 2020, pursuant to adjournment on April 14, 2020. Commissioners present were: Bender, Heiberger, and Karsky. Commissioners Barth and Beninga joined the meeting via teleconference. Also present were Olivia Larson, Commission Recorder, and Margaret Gillespie, Senior Deputy State’s Attorney.

MOTION by Heiberger, seconded by Karsky, to approve the agenda. By roll call vote: 5 ayes.

MINUTES APPROVAL

MOTION by Karsky, seconded by Heiberger, to approve the April 14, 2020, Commission Minutes. By roll call vote: 5 ayes.

VOUCHERS TO BE PAID

MOTION by Beninga, seconded by Karsky, to approve the following bills totaling $3,059,812.97. By roll call vote: 5 ayes.

A&B Business Lease-Rental Agmt 296.50, A&B Business Maint Contracts 578.90, Accurate Control Jail Expansion Construction 73,665.48, Active Generations Advertising 47.00, Advanced Pest Sol Maint Contracts 70.00, Airgas USA Gas Oil & Diesel 59.52, Airgas USA Small Tools & Shop Sup 547.63, Airway Svc Automotive/Small Equip 3,685.20, Airway Svc Gas Oil & Diesel 241.57, Alcohol Monitoring Electronic Monitoring 1,580.80, Alcohol Monitoring Program Sup 3,580.80, All Nations Interp Interpreters 6,424.40, Allied Oil Parts Inventory 385.00, American Association Program Activities 1,875.00, Anderson, Jennifer Bd Evals Minnehaha 2,249.99, Angel, Edward P Attorney Fees 3,588.25, Angel, Edward P Child Defense Attorney 669.30, Appeara Program Activities 72.19, Argus Leader Books 262.29, Argus Leader Subscriptions 40.29, Argus Leader Media Publishing Fees 2,356.41, Armor Correctional Contract Svcs 74,683.95, AT&T Safety & Rescue Equip 43.23, Avera McKennan Hospitals 18,564.00, Avera McKennan Professional Svcs 3,526.18, Axis Forensic Toxico Lab Costs 991.00, Banner Associates Architects & Engineers 8,562.60, Baycom Automotive/Small Equip 327.00, Bierschbach Equip Road Maint & Material 156.00, Blomker, Douglas Uniform Allowance 129.98, Bob Barker Company Child Care Uniforms 96.85, Bob Barker Company Inmate Sup 1,166.54, Bob Barker Company Kitchen/Cleaning Sup 692.32, Bosman, Joseph COVID Exps 79.92, Boyer Ford Trucks Parts Inventory 87.73, Boyer Ford Trucks Truck Repairs & Maint 291.25, Braun, Mason Investigators Exps 107.52, Builders Sup Jail Repairs & Maint 839.19, Burns, Jason Investigators Exps 154.56, Burnside Properties Welfare Rent 275.00, C & R Sup Truck Repairs & Maint 84.45, Carroll Institute Misc Exp 1,492.26, Cartridge World Data Processing Sup 1,345.86, Center For Family Professional Svcs 539.00, Century Business Lease-Rental Agmt 699.43, Century Business Maint Contracts 619.30, Centurylink Telephone 54.53, Centurylink Long Telephone 265.78, Chagolla, Albert Interpreters 75.83, Chagolla, Albert Interpreters 53.33, Cheney Lake Welfare Rent 1,000.00, City Glass & Glazing COVID Exps 11,541.00, Civil Design Architects & Engineers 12,255.00, Cody Raterman Education & Training 63.58, Concrete Materials Road Maint & Material 144.00, Constellation Natural Gas 15,495.98, Correct Rx Pharmacy Contract Svcs 13.58, Dakota Enhancement Welfare Rent 1,000.00, Dakota Fluid Power Heavy Equip Repairs & Maint 161.47, Dakota Fluid Power Truck Repairs & Maint 1,447.69, Dakota Lettering Uniform Allowance 295.60, Dakota Splash Water Sewer 114.30, Dalsin Repair/Renovations 707.50, Deans Distributing Gas Oil & Diesel 455.00, Deans Distributing Parts Inventory 416.90, Decastro Law Attorney Fees 26,839.70, Dedula, Carla F Court Reporters 585.20, Dell Marketing COVID Exps 1,496.26, Dive Rescue Intl Education & Training 1,500.00, Donahoe Law Attorney Fees 1,464.00, Dublin Square Apt Welfare Rent 500.00, Dust Tex Svc Janitorial Chemical Sup 8.10, EH Hospitality Motels 1,475.00, Eich Law Office Child Defense Attorney 4,166.67, Electric Sup Data Processing Equip 1,112.84, English Law Attorney Fees 6,000.00, Fleetpride Parts Inventory 300.00, Fox & Youngberg Attorney Fees 2,314.84, Galls Quartermaster Uniform Allowance 709.77, George, Aaron Welfare Rent 450.00, Geotek Engineering Architects & Engineers 276.60, Goebel Printing Office Sup 199.45, Graham Tire Automotive/Small Equip 146.00, Grainger Small Tools & Shop Sup 379.63, Gramlick, Michael Welfare Rent 700.00, Grant Square Welfare Rent 279.00, Graybar Electric Jail Repairs & Maint 231.95, Graybar Electric JDC Maint 187.22, Great Plains Psych Psych Evals 3,042.50, Guardrail Enterprise Bridge Repair & Maint 585.00, Guzman, Sandra V Interpreters 65.83, Hancock Concrete Road Maint & Material 252.00, Hanson, Michael W Attorney Fees 7,202.40, HCC Tactical Uniform Allowance 9,969.84, HDR Engineering Architects & Engineers 75,233.14, Heartland Funeral Burials 2,000.00, Heimdal, Marie Ann Court Reporters 277.40, Helseth, Ramona G Bd Exp Fees Minnehaha 160.00, Hewlett Packard Data Processing Equip 141.92, Hidden Hills Apt Welfare Rent 445.00, High Point Networks COVID Exps 833.00, Hoekstra, Denise Court Reporters 153.00, Holly Halma Or Brand Misc Revenue 450.00, Horizon Agency Insurance Admin Fee 2,821.00, Hov Svcs Microfilming 657.10, Hughes, Stuart Child Defense Attorney 1,823.60, HyVee Pharmacies 283.21, HyVee Program Activities 6.83, Ideal Yardware Automotive/Small Equip 64.74, Induminn One Sioux Falls-Shelter 660.00, Initiative Invest Welfare Rent 500.00, Innovative Office COVID Exps 27.00, Innovative Office Furniture & Office Equip 69,358.18, Innovative Office HHS Custodial Sup 697.20, Innovative Office Janitorial Chemical Sup 73.20, Innovative Office JDC Custodial Sup 1,180.67, Innovative Office Office Sup 251.10, Innovative Office Printing/Forms 6,223.23, Innovative Office Small Tools & Shop Sup 41.28, Interstate Office Office Sup 589.60, ISI Interpreters 340.00, JE Dunn Construction Jail Expansion Construction 1,445,520.00, Jim Koch Volunteer Pers Items 150.00, JLG Architects Jail Expansion Prof Svcs 26,485.18, Johnson, Erin M Bd Exp Fees Minnehaha 4,693.00, Johnson, Erin M Crisis Intervention Program 47.50, Johnson, Richard L Attorney Fees 340.47, Kasowski Family Farm Right Of Way 273.00, Kathleen Dahl Rezoning 350.00, Katterhagen, Mark Bd Exp Fees Yankton 96.00, Kerri Cook Huber Bd Exp Fees Yankton 80.00, Knecht, Andrew J Attorney Fees 591.70, Kohlrabi Welfare Rent 600.00, Kolbeck Law Attorney Fees 448.35, Kone Maint Contracts 970.92, Kone Outside Repair 2,536.00, Kruse Law Child Defense Attorney 4,166.67, Kyra Enterprises COVID Exps 2,350.00, Kyra Enterprises Motels 390.00, Kyra Enterprises Welfare Rent 550.00, Lacey Rentals Lease-Rental Agmt 112.00, Lacrosse Forage Road Maint & Material 107.00, Lamar Texas HIDTA Grant 750.00, Lamp Interpreters 324.60, Landmark Realty Welfare Rent 750.00, Laughlin Law Attorney Fees 344.30, Laughlin Law Child Defense Attorney 4,154.50, Ledd Properties COVID Exps 1,000.00, Lewis & Clark Behav Bd Evals Yankton 3,382.00, Lewis Drugs Pharmacies 1,362.18, Lewno Law Bd Exp Fees Yankton 913.25, Lexisnexis Matthew Subscriptions 515.00, Light And Siren Automotive/Small Equip 1,899.27, Light And Siren Truck Repairs & Maint 897.60, Lisa Carlson Report Court Reporters 338.20, Lockwood, Darcy Bd Exp Fees Yankton 96.00, Loving, Philip Bd Evals Minnehaha 4,299.95, Luther, Jeff Medical Director 2,500.00, Lutheran Social Svcs Diversion Programs 2,209.94, Lutheran Social Svcs Evening Report Center 5,719.08, Lutheran Social Svcs Shelter Care/Recept Center 71,811.56, MCJ Mtr/Machine/Equip Repair 99.95, Medstar Paramedic Transportation 1,600.00, Meierhenry Sargent L Attorney Fees 630.50, Menard Building Repairs & Maint 72.62, Metro Coms Clinics Auxiliary Svcs 640.00, Metro Coms Misc Exp 37,463.08, Microfilm Imaging Maint Contracts 309.00, Midamerican Energy Natural Gas 911.29, Midcontinent Com Amounts Held For Others 155.00, Midcontinent Com Data Coms 390.80, Midcontinent Com Telephone 85.00, Midstates Utility Small Tools & Shop Sup 146.11, Midway Svc Gas Oil & Diesel 7,842.67, Mtg Locating & Util Jail Expansion Construction 123.20, Multicultural Center Interpreters 275.00, Murray Properties Welfare Rent 1,000.00, Myers & Billion Attorney Fees 3,215.50, Napa Auto Parts Automotive/Small Equip 198.48, New Millenium Enterp Data Processing Equip 320.00, Newman Signs Road Maint & Material 6,672.85, Newman Signs Sign Sup Inventory 2,510.00, Nolz Dragline & Cons Contracted Construction 78,003.55, Norberg Paints Program Activities 138.77, Novak Office Sup 16.00, Novak Trash Removal 484.26, Nybergs Ace Hardware Janitorial Chemical Sup 37.98, Nybergs Ace Hardware Vehicle Equip 27.87, One Sky Automotive/Small Equip 98.95, One Sky Heavy Equip Repairs & Maint 197.90, One Sky Small Tools & Shop Sup 21.84, Osborn, Roxane R Court Reporters 921.00, P&G Townhomes Welfare Rent 700.00, Penbrooke Place Welfare Rent 350.00, Pennington County Extradition & Evidence 6,882.50, Phoenix Sup COVID Exps 200.50, Pioneer Enterprises Burials 5,940.00, Pirrung, Sheila M Welfare Rent 600.00, Prahm Construction Contracted Construction 209,677.00, Prestox Outside Repair 492.50, Prestox Professional Svcs 58.00, Pride Neon Automotive/Small Equip 100.00, Qualified Presort Postage 143.65, Quality Efficiencies COVID Exps 2,665.00, Quality Efficiencies Motels 937.50, Quality Efficiencies One Sioux Falls-Shelter 855.00, Quill Corporation Office Sup 52.35, R&L Sup Jail Repairs & Maint 401.31, Redwood Toxicology Testing Sup 14.00, Reede Construction Contracted Construction 270,467.50, Reliance Telephone Telephone 1.00, Rensberger, Ron Welfare Rent 500.00, Reynolds Law Attorney Fees 1,893.00, Reynolds Law Child Defense Attorney 4,166.67, Rock Mills Welfare Rent 500.00, Rocket Software Maint Contracts 2,597.14, Rocket Software Software 5,194.28, Roeller Properties Automotive/Small Equip 20.00, Roeller Properties Truck Repairs & Maint 550.00, Roemen’s Automotive Automotive/Small Equip 30.38, Safe N Secure Com Equip Repair 855.37, Sage Projects Consul MacArthur SJC Grant 490.00, Sanford Clinic Contract Svcs 25,180.73, Sanford Clinic Other Medical Svcs 516.81, Sanford Health Plan Cobra Insurance 1,219.68, Schumacher Elevator Jail Repairs & Maint 235.50, SD Assoc Of County Due To Other Governments 5,346.00, Security Labs Maint Contracts 100.00, Short Elliott Hendr Architects & Engineers 2,858.27, Sioux Empire Fair Misc Exp 12,500.00, Sioux Falls Area Cha Memberships 400.00, Sioux Falls Area Hum Misc Exp 3,247.88, Sioux Falls City Electricity 12,623.66, Sioux Falls City Gas Oil & Diesel 310.44, Sioux Falls City Jail Expansion Construction 49,835.15, Sioux Falls City Water Sewer 12,741.59, Sioux Falls Lihtc Welfare Rent 372.00, Sioux Falls YMCA Welfare Rent 400.00, Skancke, Leo G Welfare Rent 400.00, Sletten, Brian Right Of Way 570.00, Southeastern Behav Professional Svcs 1,987.50, St Francis House Professional Svcs 129.21, State of SD Amts Held Daily Scram 4,960.00, State of SD Amts Held Remote Breath 3,925.00, State of SD COVID Exps 124.82, State of SD Data Coms 113.00, State of SD Education & Training 150.00, State of SD Misc Exp 28.00, State of SD Outside Repair 12.60, State of SD Telephone 375.00, Strange Farrell John Attorney Fees 1,609.35, Streichers Ammunition 5,942.40, Streichers Uniform Allowance 175.00, Summit Food Svc Board Of Prisoners Meals 23,571.07, Summit Food Svc Child Care Food 1,782.20, Summit Food Svc School Lunch Program 2,955.17, Sumption & Wyland Education & Training 3,000.00, Tegra Group Jail Expansion Prof Svcs 18,281.75, Terrones, Jared Investigators Exps 1.13, Thomson Reuters Amounts Held For Others 744.19, Thomson Reuters Books 52.60, Thomson Reuters Legal Research 1,622.38, Trane COVID Exps 15,000.00, Tristate Garage Door Building Repairs & Maint 198.00, Tritech Software Maint Contracts 6,197.86, Tritech Software Professional Svcs 6,646.20, Two Way Solutions Automotive/Small Equip 205.98, Two Way Solutions Com Equip Repair 21.98, Tzadik Sioux Falls I Welfare Rent 1,317.00, Tzadik Sioux Falls P Welfare Rent 719.00, Tzadik Taylors Place Welfare Rent 500.00, Uline Election & Office Equip 319.31, Uline Inmate Sup 4,269.75, Uline Office Sup 25.00, US Bank Lease-Rental Agmt 136.72, US Foods Other Sup 512.77, US Foods Professional Svcs 2,789.71, Vogel Motors Gas Oil & Diesel 78.00, Voisin, Alexander Business Travel 10.08, Weerheim Law Bd Exp Fees Minnehaha 1,776.50, Weerheim Law Crisis Intervention Program 47.50, Welker, Donald J Welfare Rent 700.00, Wes Investments Welfare Rent 500.00, Western Avenue Prop Welfare Rent 150.00, Wild Water West Wat Sign Deposits 50.00, Williamson, Paul M Right Of Way 5,296.00, Xcel Energy Electricity 50,708.47, Xcel Energy Road Maint & Material 16.65, Xcel Energy Welfare Utilities 1,183.91, Xigent Solutions Consultants 1,400.00, Yankton County Attorney Fees 1,068.55, Yankton County Return Of Svc 350.00, Yemam, Nassir Interpreters 25.00, March 2020 Salaries Paid: Commission Salaries $41,664.00, Equalization Salaries $87,262.90, Auditor Salaries $57,580.07, Register Of Deeds Salaries $50,206.68, Treasurer Salaries $79,343.54, Human Resources Salaries $26,955.91, Information Technology Salaries $76,066.96, Sheriff Salaries $1,004,542.56, States Attorney Salaries $313,924.18, Juvenile Detention Center Salaries $152,195.41, Public Defender Salaries $190,750.08, Highway Salaries $139,954.08, Public Advocate Salaries $65,212.02, Human Services Salaries $130,852.78, Facilities Salaries $48,672.98, Museum Salaries $71,082.46, Extension Salaries $2,686.40, Planning Salaries $35,703.04.

REPORTS

The Minnehaha County/Lincoln County Human Services 1st Quarter Report, the Minnehaha County Auditor’s Account with the County Treasurer as of February 28, 2020, and the March 2020 Juvenile Detention Center Report were received and placed on file in the Auditor’s Office.

Auditor’s Account with the County Treasurer as of February 28, 2020:

Total on deposit in banks, in interest bearing, open accounts:

1st National Bank $34,845,355.00

US Bank (Cash with Trustee) $9,527,757.50

Total C.D. and Money Market Savings $13,000,000.00

Total Actual Cash $7,027.96

Total of Checks and Drafts which have been in the Treasurer’s possession over 3 days $21,052.04

Total Cash On Hand $57,401,192.50

Total Munis Cash Balance $57,401,718.70

Unreconciled difference ($526.20)

PERSONNEL

MOTION by Beninga, seconded by Karsky, to approve the following personnel changes. By roll call vote: 5 ayes.

New Hires

• Brittany Kjerstad McKnight, Deputy Public Defender for the Public Defender’s Office at $2,747.20 bi-weekly (22/2), effective 5/4/20.

•  Dominick Havard, Correctional Officer for the Jail, at $19.47/hour (13/1) effective 5/2/2020.

•  Christopher Schultz, Air Guard Security Officer I for the Air Guard, at $18.52/hour (12/1) effective 5/11/20.

•  Gregg Kringen, seasonal Park Worker for the Parks Department at $14.05/hour, effective 4/29/2020.

•  Bruce Nytro, seasonal Spray Truck Operator for the Highway Department at $14.00/hour, effective 5/4/2020.

•  Mark Shields, seasonal Spray Truck Operator for the Highway Department at $14.25/hour, effective 5/4/20.

•  Toby Orlando, Ken McFarland, Jeff Coome, and LeRoy Mathieu seasonal Election Workers for the Auditor’s Office at $14.50/hour, effective 4/29/20.

Step Increases

•  Kimberly Mosqueda, Legal Office Assistant for the State’s Attorney’s Office, at $17.21/hour (10/2) effective 3/20/2020.

• Drew DeGroot, Senior Deputy State’s Attorney for the State’s Attorney’s Office, at $2,887.20/bi-weekly (22/4) effective 3/25/2020.

• Sharon Eining, Victim Witness Assistant for the State’s Attorney’s Office, at $25.54/hour (16/6) effective 3/27/2020.

• Kayla Micke, Juvenile Correctional Officer I for the Juvenile Detention Center, at $19.47/hour (12/3) effective 4/2/2020.

• Jasmine Hjorth, Juvenile Correctional Officer I for the Juvenile Detention Center, at $19.95/hour (12/4) effective 4/17/2020.

• Katheryn Ryan, Senior Trial Attorney for the Public Defender’s Office, at $3,348.00/bi-weekly (23/6) effective 4/17/2020.

• Amber Mauricio, Appraiser for Equalization, at $22.58/hour (15/3) effective 4/18/2020.

• Zachary Libengood, Appraiser for Equalization, at $23.71/hour (15/5) effective 5/16/2020.

•  Jairo Fajardo, Air Guard Security Officer II for the Air Guard, at $19.95/hour (13/2) effective 4/20/2020.

• Lauri McGee, Correctional Systems Operator for the Jail, at $22.58/hour (10/13) effective 4/21/2020.

• Craig Olson, Corporal for the Sheriff’s Office, at $34.34/hour (17/16) effective 1/27/2020.

Other

• To rescind the action hiring Ryan Tellburg as Juvenile Correctional Worker for the Juvenile Detention Center.

•  To rescind the action hiring Olivia Martin as Safe Home Program Worker for Safe Home.

•  To begin Interpreter specialty pay for Juan Segundo, Correctional Officer for the Jail, resulting in a rate of $19.97/hour effective 2/22/20.

•  To rescind Interpreter specialty pay for Juan Sanchez, Correctional Officer for the Jail, effective 2/22/20.

ABATEMENTS

Upon the recommendation of Chris Lilla, Director of Equalization, the following motions were made:

MOTION by Heiberger, seconded by Beninga, to approve abatements for 2019 Property Taxes representing the Elderly Assessment Freeze: Parcel ID 40824, in the amount of $406.38, 2923 N Wayland Ave; Parcel ID 41457, in the amount of $702.41, 1212 S Norton Ave; and Parcel ID 11657, in the amount of $1,151.92, 401 N La Mesa Dr. By roll call vote: 5 ayes.

 

MOTION by Karsky, seconded by Heiberger, to approve the following abatement: Parcel ID 13781, Brian & Becky Mohr Living Trust, 2019 property taxes, in the amount of $6,880.32, 47972 257th St, representing an error to the injury of the complainant. By roll call vote: 5 ayes.

MOTION by Barth, seconded by Heiberger, to approve the following abatement: Parcel ID 90876, Northwest District of the Wesleyan Church, legally described as Lot 1B Block 3 Legacy North Farm Addition to the City of Sioux Falls, 2019 property taxes, in the amount of $40,113.14, representing tax exempt status. By roll call vote: 5 ayes.

MOTION by Heiberger, seconded by Karsky, to approve the following abatement: Parcel ID 91596, V2 LLC, 2019 property taxes, in the amount of $300.87, 4204 E Hayes Pl, representing an error to the injury of the complainant. By roll call vote: 5 ayes.

LIEN COMPROMISE

Melinda Storley, Commission Assistant, gave a briefing on an application for a compromise of lien for DPNO 46967 in the amount of $4,571.24. On March 31, 2020, an application for the compromise of DPNO 46967 was denied by the Commission. At that time, the Commission recommended that the applicant re-submit the application with an offer of payment and provide further financial information. The applicant was informed of the Commission’s decision, and decided to continue with the original application without an offer of payment. However, 2018 and 2019 Income Tax Returns were provided. The lien represents Poor Relief, Public Defender, and Public Advocate services provided between January 2002 and April 2019. The applicant is in the process of refinancing her home. The lien is attached to the property and must be settled or removed from the property to move forward. The applicant’s ex-spouse transferred the property to the applicant via a quit claim deed recorded in the Register of Deeds Office in February 2010. They divorced in December 2019. The compromise requested was to release the lien in full only as it applies to the property and leave the lien in full against the applicant’s ex-spouse. MOTION by Heiberger, seconded by Karsky, to approve Resolution MC20-23. By roll call vote: 5 ayes.

RESOLUTION MC20-23

WHEREAS, a County Aid Lien in the amount of $4,571.24, purports to exist in favor of Minnehaha County and against DPNO 46967 as Lienee, and 

WHEREAS, said lienee’s ex-spouse has filed an application with the County Auditor stating such facts as provided for by Law,

NOW, THEREFORE, BE IT RESOLVED that after due consideration of the circumstances the Board of County Commissioners finds it advisable and proper to authorize the Chair of the County Board and the County Auditor to execute the following:

Release from DPNO 46967 with no payment, the real property legally described as Lot 2 in Block 4 of Riverdale Addition to the City of Sioux Falls, Minnehaha County, South Dakota, according to the recorded plat thereof; located at 2204 S Crestwood Rd, Sioux Falls.

Leave DPNO 46967 in the name of the Lienee in the full amount of $4,571.24.

Dated at Sioux Falls, South Dakota, this 28th day of April, 2020.

APPROVED BY THE COMMISSION:

Jean Bender

Chair

ATTEST:

Olivia Larson

Deputy Auditor

Melinda Storley, Commission Assistant, gave a briefing on an application for a compromise of lien for DPNO 79164 in the amount of $13,860.40. The lien represents Public Defender and Public Advocate services provided to the applicant’s minor child between July 2012 and December 2012. There were no payments made on the lien. The applicant and his current spouse have been pre-approved for a mortgage loan. There is no current real estate transaction. The applicant provided a 2019 Tax Return showing an income of $97,122.00 with a refund of $4,079.00. The application listed assets totaling $74,299.95 and monthly liabilities totaling $3,458.58. The compromise request was to release the applicant from the lien upon payment of $6,930.20 (50% of the lien amount). In response to a question posed by Commissioner Heiberger, Margaret Gillespie, Senior Deputy State’s Attorney, explained that half of the lien could be placed against the other parent due to the charges incurred being for a minor child. MOTION by Heiberger, seconded by Beninga, to approve Resolution MC20-24. By roll call vote: 5 ayes.

RESOLUTION MC20-24

WHEREAS, a County Aid Lien in the amount of $13,860.40, purports to exist in favor of Minnehaha County and against DPNO 79164 as Lienee, and 

WHEREAS, said lienee has filed an application with the County Auditor stating such facts as provided for by Law,

NOW, THEREFORE, BE IT RESOLVED that after due consideration of the circumstances the Board of County Commissioners finds it advisable and proper to authorize the Chair of the County Board and the County Auditor to execute the following:

•  Release the applicant from DPNO 79164 upon payment of $6,930.20.

• Leave the remaining $6,930.20 in the name of the applicant’s ex-spouse.

Dated at Sioux Falls, South Dakota, this 28th day of April, 2020.

APPROVED BY THE COMMISSION:

Jean Bender

Chair

ATTEST:

Olivia Larson

Deputy Auditor

PROCLAMATION

Jamie Gravett, Juvenile Detention Center Director, and Mike Mattson, Jail Warden, presented a proclamation recognizing May 3rd through the 9th, 2020, as National Correctional Officers and Employees Week in Minnehaha County. Warden Mattson read the proclamation. MOTION by Karsky, seconded by Beninga, to issue the proclamation. By roll call vote: 5 ayes.

OPEN BURNING

Jason Gearman, Emergency Management Director, presented a resolution to declare a fire emergency in Minnehaha County and prohibit open burning. Due to recent fires resulting in the loss of three structures, a burn ban was requested by the Rural Fire Chiefs. In efforts to allow for social distancing more than one fire vehicle is being used per fire. Commissioner Heiberger spoke in opposition due to forecasts calling for rain in the near future. Additionally, Commissioner Heiberger spoke on the personal responsibility of the individual to determine whether or not open burning should be conducted. Commission Heiberger suggested waiting until the May 12, 2020, Commission Meeting to determine if the weather conditions still warranted the need for a ban. MOTION by Karsky, seconded by Beninga, to approve Resolution MC20-25. By roll call vote: 4 ayes. Heiberger voted nay.

RESOLUTION MC20-25

DECLARING A FIRE EMERGENCY IN MINNEHAHA COUNTY

AND PROHIBITING OPEN BURNING

WHEREAS, the Commissioners of Minnehaha County are charged with protecting the health and safety of the citizens of Minnehaha County; and

WHEREAS, conditions of fire danger now exist due to the dry spring conditions, unseasonably warm temperatures, and windy conditions that are currently prevalent in Minnehaha County, South Dakota; and

NOW, THEREFORE BE IT RESOLVED, BY THE MINNEHAHA COUNTY BOARD OF COMMISSIONERS, based on the recommendations of the Minnehaha County Rural Fire Chiefs and the Minnehaha County Emergency Management Director, and under the authority of SDCL 7-8-20 (18), that a Fire Danger Emergency is hereby declared and all open burning as defined in Ordinance MC34-04, is hereby prohibited within the boundaries of Minnehaha County, South Dakota, exclusive of any incorporated municipality within the county; and

BE IT FURTHER RESOLVED, that this Resolution is declared to be necessary for the immediate preservation of the public safety in accordance with the provisions of SDCL 7-18A-8 and is effective immediately and shall continue in force and affect until May 12, 2020.

Dated this 28th day of April, 2020.

APPROVED BY THE BOARD OF COMMISSIONERS 

Jean Bender

Chair 

ATTEST: 

Olivia Larson

Deputy Auditor

PRESENTATION

Sheriff Mike Milstead presented via teleconference on the Minnehaha County Sheriff’s Office. Topics such as the following were presented: the rise in domestic violence, gearing up and decontamination processes for officers who come into contact with COVID-19 positive individuals, service of warrants, evictions, fingerprinting services, the increase in the number of people failing to appear for their court dates, the screening of staff and inmates, and the number of daily bookings. The County Administration Building remains closed. The Minnehaha County Courthouse is still open for court proceedings and other court related business.

GRANT AGREEMENT

Josh Phillip, Deputy Sheriff Captain, presented via teleconference the continuation of a Sub-Recipient Agreement between Minnehaha County and The South Dakota Network Against Family Violence and Sexual Assault (The Network) for the award of a domestic violence grant. The continuation of the agreement would allow for the grant to fund a portion of the salary of one full time Deputy Sheriff Detective assigned to the Investigations Division to specialize in domestic violence related crimes. The contract amount would increase from $90,482 to $197,567. MOTION by Karsky, seconded by Heiberger, to authorize the Minnehaha County Sheriff to sign the Continuation of the Sub-Recipient Agreement with The South Dakota Network Against Family Violence and Sexual Assault covering October 1, 2019, to September 30, 2022, in the amount of $197,567. By roll call vote: 5 ayes.

RESOLUTION & AGREEMENT

Bob Litz, Auditor, presented a Resolution and Joint Election Agreement between Minnehaha County and the City of Sioux Falls. Due to the passage of House Bill 1298 on March 30, 2020, the City of Sioux Falls/Sioux Falls School District Election (City Election) scheduled for April 14, 2020, was able to be rescheduled in response to COVID-19. The City of Sioux Falls Clerks Office requested holding the City Election in conjunction with the County’s Primary Election to be held of June 2, 2020. Per the agreement, the City will reimburse the County for the following: 1) 50% of the polling place costs on Election Day, 2) 25% of the cost of appointed election officials, 3) applications, forms, and any supplies needed that cannot be reused by the County, and 4) any direct personnel costs for hours the Auditor’s Office provides staffing. Members of the public interested in working at an election precinct on election day were encouraged to contact the Minnehaha County Auditor’s Office. MOTION by Heiberger, seconded by Karsky, to approve Resolution MC20-26, approving the combined election and authorizing the Chair to sign the Joint Election Agreement beginning upon execution and ending on December 31, 2020. By roll call vote: 5 ayes.

RESOLUTION MC20-26

A RESOLUTION APPROVING A COMBINED ELECTION BETWEEN THE COUNTY AND THE JOINT CITY OF SIOUX FALLS/SIOUX FALLS SCHOOL DISTRICT

In response to the COVID-19 pandemic, House Bill 1298 (hereinafter “the Act”) was enacted in order to address upcoming local elections. The Act mandates that any and all elections scheduled from April 14, 2020, through May 26, 2020, shall be postponed in the interest of public health and safety. The Act requires that any postponed election shall be postponed to any Tuesday in June 2020, as chosen by the governing body of the political subdivision. If a political subdivision chooses to hold its election on the primary election date of June 2, 2020, a combined election must to approved by the county commission in which the political subdivision is located.

WHEREAS, the City of Sioux Falls/Sioux Falls School District (hereinafter “City”) Election was required to be postponed until the month of June by the Act; and,

WHEREAS, on the 21st day of April, 2020, the City’s governing body chose June 2, 2020, as a date upon which its election will be held; and,

WHEREAS, the Act requires that the City’s decision to hold its election on June 2, 2020, must be approved by the Minnehaha County Board of County Commissioners (hereinafter “County”); and,

WHEREAS, the Act requires that all costs and obligations of a combined election must be agreed upon by the City and County;

NOW THEREFORE BE IT RESOLVED, that the request made by the City to move its Election to the primary election date of June 2, 2020, is approved by the County; and,

BE IT FURTHER RESOLVED, that the costs and obligations arising out of the combined City and County Election are agreed upon as set forth in the Agreement attached hereto and which shall be made part of this Resolution.

Dated this 28th day of April, 2020.

APPROVED BY THE COMMISSION: 

Jean Bender

Jean Bender, Chair 

Minnehaha County Board of Commissioners 

ATTEST: Bob Litz, Auditor 

Olivia Larson

Name: Olivia Larson

Deputy Auditor

ELECTION RESOLUTION

Bob Litz, Auditor, presented a resolution to approve a combined election between Minnehaha County and the Baltic, Garretson, and West Central School Districts. The school districts would share certain precinct locations with Minnehaha County. The School Districts agreed to print their ballots on pink paper and make their ballots a different size in order to avoid confusion between the two elections. MOTION by Barth, seconded by Beninga, to approve Resolution MC20-27, approving a combined election between Minnehaha County and the Baltic, Garretson, and West Central School Districts. By roll call vote: 5 ayes.

RESOLUTION MC20-27

A RESOLUTION APPROVING A COMBINED ELECTION BETWEEN MINNEHAHA COUNTY AND THE BALTIC, GARRETSON, AND WEST CENTRAL SCHOOL DISTRICTS 

In response to the COVID-19 pandemic, House Bill 1298 (hereinafter “the Act”) was enacted in order to address upcoming local elections. The Act mandates that any and all elections scheduled from April 14, 2020, through May 26, 2020, shall be postponed in the interest of public health and safety. The Act requires that any postponed election shall be postponed to any Tuesday in June 2020, as chosen by the governing body of the political subdivision. If a political subdivision chooses to hold its election on the primary election date of June 2, 2020, a combined election must to approved by the county commission in which the political subdivision is located. 

WHEREAS, the Baltic, Garretson, and West Central School District (hereinafter “School Districts”) Elections were required to be postponed until the month of June by the Act; and,

WHEREAS, the School Districts’ governing bodies chose June 2, 2020, as a date upon which its election will be held; and,

WHEREAS, the Act requires that the School Districts’ decision to hold its election on June 2, 2020, must be approved by the Minnehaha County Board of County Commissioners (hereinafter “County”); and,

WHEREAS, the Act requires that all costs and obligations of a combined election must be agreed upon by the School Districts and County;

NOW THEREFORE BE IT RESOLVED, that the request made by the School Districts to move their elections to the primary election date of June 2, 2020, is approved by the County; and, 

BE IT FURTHER RESOLVED, that the costs and obligations arising out of the combined elections are agreed upon by the parties. 

Dated this 28th day of April, 2020. APPROVED BY THE COMMISSION:

Jean Bender

Jean Bender, Chair

Minnehaha County Board of Commissioners

ATTEST:  Bob Litz, Auditor

Olivia Larson, Deputy

Name: Olivia Larson

Deputy Auditor

TAX DEED PAYMENT PLAN

Bob Litz, Auditor, presented a resolution for the approval of a property tax payment plan proposal for Parcel Record 041066. MOTION by Heiberger, seconded by Karsky, to approve Resolution MC20-28. By roll call vote: 5 ayes.

RESOLUTION MC20-28

APPROVAL OF PROPERTY TAX PAYMENT PROPOSAL ON

PARCEL RECORD 041066

WHEREAS, Minnehaha County has received notice from the owner of record that property taxes are delinquent by five years; and 

WHEREAS, a total of $1,876.02 in back taxes, penalties, and interest is owed on the property; and 

WHEREAS, the owner of record has requested support from the county to assist with re-payment options over a twelve (12) month period; and

WHEREAS, the owners of record, sisters Sherry Peterson & Shanna Barnes, proposed the following payment plan to the county commission for consideration in order to satisfy all outstanding taxes, penalties, and interest:

•  Initial Payment of $156.34 due by May 31, 2020. 

•  Payment of $156.34 due by the last business day of each following month through April 2021. 

•  Final Payment of any additional unpaid property taxes, plus any additional accrued interest and penalties due by 31st of May 2021. 

WHEREAS, in the event that the owner of record does not pay all back taxes, penalties and interest owing on property record 041066 in accordance with the aforementioned terms, Minnehaha County may proceed with the tax deed process.

NOW, THEREFORE BE IT RESOLVED, by the Minnehaha County Board of Commissioners, the proposed payment plan, as described above is hereby approved for property record 041066.

Dated this 28th day of April, 2020. 

APPROVED BY THE COMMISSION

Jean Bender

Chair

ATTEST: 

Olivia Larson

Deputy Auditor

PARKS

Scott Anderson, Planning Director, provided an update on Minnehaha County Parks. Bucher Prairie is open to the public, but the bathrooms have remained locked. A seasonal employee was hired for Bucher Prairie. Due to the Executive Order restricting those over the age of 65 years, certain Wall Lake seasonal staff will return after the order has been lifted. Mr. Anderson has been in contact with the Highway and Facilities Departments to determine if other staff are available in the meantime. Other considerations included mowing of Wall Lake. Commissioners discussed the options for opening park bathrooms and the opening of the Wall Lake parking lot. Craig Dewey, Assistant Commission Administrative Officer, stated the City of Sioux Falls Public Health Director, Jill Franken was on the phone and available to answer any Commissioner questions.

AGREEMENTS

DJ Buthe, Highway Superintendent, presented via teleconference an agreement between Minnehaha County and the South Dakota Department of Transportation for the 2020 Pavement Striping Program, Project #P000S(00)238 PCN 04M1. The project would allow approximately 189.75 miles of County roads to be striped. The estimated total cost for the project is $162,170.27. The County’s portion of this total is $119,590.22. MOTION by Beninga, seconded by Barth, to authorize the Chair to sign the agreement between Minnehaha County and the South Dakota Department of Transportation for the Pavement Striping Program, Project #P000S(00)238 PCN 04M1, at a total cost to the County of $119,590.22. By roll call vote: 5 ayes.

DJ Buthe, Highway Superintendent, presented via teleconference an agreement between Minnehaha County and Geotek Engineering & Testing Services, Inc. for professional testing services for Highway Project MC17-01, County Highway 146 Reconstruction. The project is expected to be fully completed and open to the public by June 25, 2021. The fees for services will be charged on a unit cost basis with an estimated cost of $73,900.00. MOTION by Karsky, seconded by Heiberger, to authorize the Chair to sign the agreement between Minnehaha County and Geotek Engineering & Testing Services, Inc. for Highway Project MC17-01, County Highway 146 Reconstruction, at an estimated cost of $73,900.00. By roll call votes: 4 ayes. Commissioner Beninga abstained.

DJ Buthe, Highway Superintendent, presented via teleconference a Force Account Agreement between Minnehaha County and Xcel Energy, Inc. for utility relocation. Due to Highway Project MC17-01, County Highway 146 Reconstruction, utilities must be relocated. Minnehaha County will be responsible for the costs associated with utilities located within private easements. Xcel Energy will be responsible for the costs associated with the utilities located within the right-of-way. MOTION by Beninga, seconded by Barth, to authorize the Chair to sign the Force Account Agreement between Minnehaha County and Xcel Energy, Inc. for utility relocation for Highway Project MC17-01, County Highway 146 Reconstruction, at an estimated cost of $170,899.71. By roll call vote: 5 ayes.

BID AWARD

DJ Buthe, Highway Superintendent, reported via teleconference on the March 25, 2020, bid opening for Bid #20-05, 2020-2021 Annual Highway Materials. Bids were received for all proposal items from the following companies: Jebro Inc., Concrete Materials, Inc., Myrl & Roys Paving, Inc., DMC Wear Parts, Equipment Blades, Inc., Titan Machinery, Inc., Mills & Miller, Inc., Compass Minerals, Nebraska Salt & Grain, Co., BlackStrap, Inc., Central Salt, and Johnson Feed Inc. Staff recommended the following bid awards to the low bidders: Proposal #1 Medium Curing Cutback Asphalt (MC-70) to Jebro Inc.; Proposal #2 Hot Mix Asphalt Concrete Pavement to Concrete Materials, Inc.; Proposal #3 Snowplow and Motor Grader Blade Cutting Edges to Equipment Blades, Inc.; Proposal #4 Abrasive and Salt Mixture (Salt Sand) to Concrete Materials, Inc.; and Proposal #5 Rock Salt and Transportation to BlackStrap, Inc. MOTION by Karsky, seconded by Heiberger, to award Proposal #1 Medium Curing Cutback Asphalt (MC-70) to Jebro Inc. By roll call vote: 5 ayes. MOTION by Heiberger, seconded by Karsky, to award Proposal #2 Hot Mix Asphalt Concrete Pavement to Concrete Materials, Inc. By roll call vote: 5 ayes. MOTION by Heiberger, seconded by Karsky, to award Proposal #3 Snowplow and Motor Grader Blade Cutting Edges to Equipment Blades, Inc. By roll call vote: 5 ayes. MOTION by Karsky, seconded by Heiberger, to award Proposal #4 Abrasive and Salt Mixture (Salt Sand) to Concrete Materials, Inc. By roll call vote: 5 ayes. MOTION by Heiberger, seconded by Karsky, to award Proposal #5 Rock Salt and Transportation to BlackStrap, Inc. By roll call vote: 5 ayes.

MATERIALS AND SUPPLIES PURCHASE

DJ Buthe, Highway Superintendent, requested via teleconference authorization to purchase various supplies, parts, and equipment through state, national, and local procurement contracts. Tires, fuel, mastic materials, building and shop supplies, auto parts, automotive filters, digital radios, LED light bars, steel culverts, and concrete culverts will be purchased off of procurement contracts conducted by the State of South Dakota (State), the National Association of State Procurement Officials (NASPO), Union County, and/or Lincoln County. MOTION by Heiberger, seconded by Beninga, to authorize the Highway Department to purchase various supplies, parts, and equipment through the following procurement contracts: 1) tires off of NASPO procurement, Contract 19101 (Iowa) from Goodyear, Bridgestone/Firestone, & Michelin; 2) fuel off of a State procurement from various vendors, Contract IFB 1609; 3) mastic materials (bituminous joint filler) off of State procurement, Contract PMB 01231, #17399, Item 36 at $0.49/lb, from Brock White Co.; 4) building and shop supplies off of NASPO procurement, Contract 8497 and 8496 (Oregon), Contract 17238 and 17239 (South Dakota), from Fastenal and Grainger; 5) auto parts off of NASPO procurement, Contract 09000006747 (Oklahoma), Contract 17017, and Contract 17018 from NAPA and O’Reilly Automotive; 6) automotive filters off of State procurement, Contract IFB 793 and 17011 from IState Trucks; 7) digital radios off of State procurement, Contract 16944 from Leavitt Communications through Sioux Falls Two Way Radio Service, Inc.; 8) LED light bars off of NASPO procurement, Contract 165270 (Minnesota) and Contract 17358, from SoundOff Signal and Whelen Engineering Co.; 9) steel culverts off of Union County procurement, annual contract, from True North Steel; and 10) concrete culverts off of Lincoln County procurement, annual contract, from Hancock Concrete Products and Cemcast Pipe and Precast. By roll call vote: 5 ayes.

BID AWARD

DJ Buthe, Highway Superintendent, reported via teleconference on the March 25, 2020, bid opening for Bid #20-04, Project MC20-07, Mowing and Trimming. Three bids were received from the following: Chris Griesse dba CMG Property Maintenance, $74,896.30; D&K Lawncare LLC, $74,992.30; and Northwest Landscaping, Inc., $115,532.20. Staff recommended awarding the bid to the low bidder, : Chris Griesse dba CMG Property Maintenance. The completion date of the contract is scheduled for November 30, 2020. MOTION by Heiberger, seconded by Karsky, to award Bid #20-04, Project MC20-07, Mowing and Trimming, to Chris Griesse dba CMG Property Maintenance in the amount of $74,896.30 and to authorize the Chair to sign the contractor contract. By roll call vote: 5 ayes.

AGREEMENTS

Craig Dewey, Assistant Commission Administrative Officer, presented via teleconference a Representation Agreement between Minnehaha County and James M. Wiederrich, Woods, Fuller, Schultz & Smith P.C. for building projects. Per the agreement, Mr. Wiederrich would provide legal review for documents related to the construction of a Highway Facility and the renovation of the County Administration and Extension Buildings. Exhibit A of the agreement includes a conflict of interest waiver. An hourly rate of $400.00 would be charged for the services provided by Mr. Wiederrich. MOTION by Beninga, seconded by Barth, to authorize the Chair to sign the Representation Agreement between Minnehaha County and James M. Wiederrich, Woods, Fuller, Schultz & Smith P.C. to conduct legal review for building projects. By roll call vote: 5 ayes.

Craig Dewey, Assistant Commission Administrative Officer, presented via teleconference an Addendum to the Use Agreement with Sod Busters Radio Control Model Airplane Club. Due to the potential surplus and sale of a certain portion of the County gravel pit land, an addendum is needed to adjust the notice period for termination. The notice period would change from 60 days to 30 days. Additionally, the term date of the Use Agreement was April 17, 2020. Per the addendum, the term will automatically renew every thirty days after April 17, 2020. MOTION by Karsky, seconded by Beninga, to authorize the Chair to sign the 2020 Addendum to the Use Agreement for the County Gravel Pit Farm between Minnehaha County and the Sod Busters Radio Control Model Airplane Club. By roll call vote: 5 ayes.

LIAISON REPORTS

Commissioner Karsky reported on last week’s Metro Communications Board Meeting where their budget request was approved. Due to expenses increasing at a greater rate than the 911 surcharge call revenue, budget requests will increase in future years for both the County and City’s portions of the budget.

Commissioner Barth reported on last week’s Intergovernmental Board Meeting with the Multi-Cultural Center. Issues were reported regarding the harassment of Asian people as well as Smithfield employees due to COVID-19.

Commissioner Bender received a call from Commissioner Beninga explaining he lost the teleconference connection.

MOTION by Heiberger, seconded by Karsky, to recess the Minnehaha County Commission Meeting at 10:56 a.m. By roll call vote: 4 ayes.

Commissioner Beninga reconnected to the meeting.

MOTION by Karsky, seconded by Barth, to reconvene the Minnehaha County Commission Meeting at 11:04 a.m. By roll call vote: 5 ayes.

MOTION by Barth, seconded by Beninga, to enter into Executive Session pursuant to SDCL 1-25-2 (1), (3) and (4).  By roll call vote: 5 ayes.

MOTION by Barth, seconded by Heiberger, to adjourn. By roll call vote: 5 ayes.

The Commission adjourned until 9:00 a.m. on Tuesday May 12, 2020.

APPROVED BY THE COMMISSION:

Jean Bender

Chair

ATTEST:

Olivia Larson

Deputy Auditor  

Published May 6, 2020 at the approximate price of $433.79

___ Notice of Deadline ___

Voter registration for the Primary Election to be held on June 2, 2020, will close on May 18, 2020, at 5:00 p.m. Failure to register by this date will cause forfeiture of voting rights for this election. If you are in doubt about whether you are registered, check the Voter Information Portal at www.sdsos.gov or call the county auditor at 605-367-4220.

Registration may be completed during regular business hours at the county auditor’s office, municipal finance office, secretary of state’s office, and those locations which provide driver’s licenses, SNAP, TANF, WIC, military recruitment, and assis tance to the disabled as provided by the Department of Human Services. You may contact the county auditor to request a mail-in registration form or access a mail-in form at www.sdsos.gov. 

Any voter who needs assistance, pursuant to the Americans with Disabilities Act, may contact the county auditor for information and special assistance in voter registration.

Published on May 6, 2020 at the approximate cost of $8.60.