Minnehaha County Commission: Minutes
THE MINNEHAHA COUNTY COMMISSION CONVENED AT 9:00 A.M. January 22, 2019, pursuant to adjournment on January 15, 2019. Commissioners present were: Barth, Bender, Beninga, Heiberger, and Karsky. Also present were Olivia Larson, Commission Recorder, and Margaret Gillespie, Senior Deputy State’s Attorney.
MOTION by Barth, seconded by Beninga, to approve the agenda. 5 ayes.
MINUTES APPROVAL
MOTION by Heiberger, seconded by Karsky, to approve the January 15, 2019, Commission Minutes. 5 ayes.
VOUCHERS TO BE PAID
MOTION by Barth, seconded by Beninga, to approve the following bills totaling $1,808,869.10. 5 ayes.
A&B Business Lease-Rental Agreement 72.92, A&B Business Maint Contracts 441.20, Active Generations Advertising 47.00, Advanced Pest Maint Contracts 70.00, Affordable Housing Welfare Rent 636.00, Airway Svc Automotive/Small Equip 1,427.97, Airway Svc Gas Oil & Diesel 222.77, Alcohol Monitoring SCRAM 510.40, Allied Oil & Tire Parts Inventory 260.00, Allied Oil & Tire Truck Repairs & Maint 1,421.20, Alsobrook, Danny D Heavy Equip Repairs & Maint 265.00, Angel, Edward P Attorney Fees 2,101.00, Argus Leader Media Professional Svcs 40.59, Arrow Ridge Townhome Welfare Rent 500.00, Autumn Park Apt Welfare Rent 500.00, Avera McKennan Clinics Auxiliary Svcs 37.00, Avera McKennan Hospitals 7,682.90, Avera McKennan Insurance-Other Costs 275.00, Avera McKennan Professional Svcs 1,919.62, Axis Forensic Toxico Lab Costs 295.00, Balapaki, Nabin Interpreters 50.00, Bechtel, David Welfare Rent 250.00, Berdmore Welfare Rent 690.00, Boyer Trucks Truck Repairs & Maint 367.70, Braun, Mason Investigators Expenses 84.00, Bridgewood Welfare Rent 400.00, Butler Law Attorney Fees 2,909.65, Butler Machinery Heavy Equip Repairs & Maint 142.39, Cartridge World Data Processing Supplies 139.99, CBM Managed Svcs Child Care Food 7,136.42, CBM Managed Svcs Inmate Supplies 188.58, Center For Family Professional Svcs 252.59, Century Business Lease-Rental Agreement 889.83, Century Business Maint Contracts 512.58, Centurylink Contract Svcs 13.44, Centurylink Telephone 1,200.30, Chagolla, Albert Interpreters 175.00, Chasing Willows Welfare Rent 770.00, Cluckin Good Chicken Jury Fees 180.55, Constellation Natural Gas 21,061.38, Culligan Water Maint Contracts 35.00, Deans Distributing Parts Inventory 871.50, Decastro Law Child Defense Attorney 2,350.00, Denise Hoekstra Court Reporters 47.60, Deyoung, Lynn Hospital Preparedness Grant 890.50, Dover, Sena S Bd Evals (Minnehaha) 1,485.00, EH Hospitality Motels 305.00, Family Svc Insurance-Other Costs 650.00, Fastenal Small Tools & Shop Supplies 273.23, First Premier Bank Investigators Expenses 83.50, Fleetpride Truck Repairs & Maint 152.32, Fox & Youngberg Attorney Fees 962.50, Galls Quartermaster Safety & Rescue Equip 260.00, Galls Quartermaster Uniform Allowance 63.36, Garfield Apts Welfare Rent 300.00, George, Aaron Welfare Rent 500.00, Gideons Promise Education & Training 1,575.00, Goebel Printing Bd Exp Fees (Minnehaha) 66.68, Goebel Printing Printing/Forms 5,585.88, Golden West Telephone 39.91, Gramlick, Michael Welfare Rent 250.00, Great Plains Psych Psych Evals 595.00, Guzman, Sandra V Interpreters 224.65, Hayloft Property Welfare Rent 700.00, Highway Improvement Road Maint & Material 293,981.05, HOV Svcs Microfilming 225.36, Hughes Law Child Defense Attorney 976.80, Hurtgen, Timothy T/P Welfare Rent 400.00, I State Truck Center Truck Repairs & Maint 1,320.11, Interim Healthcare Professional Svcs 3,573.50, Interstate Office Pr Office Supplies 221.95, Iosty, James Bd Exp Fees (Minnehaha) 7,078.20, Iosty, James Crisis Intervention Program 235.00, ISI Interpreters 240.00, Janet C Olson Attorney Fees 265.00, Janet C Olson Child Defense Attorney 1,246.30, JCL Solutions Inmate Supplies 798.00, JCL Solutions Kitchen/Cleaning Supplies 805.10, JE Dunn Construction Jail Expansion Construction 1,248,951.00, Jeff Larson Law Attorney Fees 508.70, JLG Architects Jail Expansion Prof Svcs 32,550.01, Johnson Controls Professional Svcs 1,936.98, Johnson, Erin M Bd Evals (Minnehaha) 291.40, Johnson, Richard L Attorney Fees 329.94, Kauffman, David W Ph Psych Evals 3,385.00, Kolbeck Law Attorney Fees 861.83, Konda, Yousif Interpreters 305.00, Kone Maint Contracts 938.10, Kull, Lisa Court Reporters 823.20, Kyra Enterprises Motels 875.00, Lacey Rentals Lease-Rental Agreement 110.00, Language Access Interpreters 83.00, Larson, Steven R Special Projects 400.00, Laughlin Law Attorney Fees 1,036.70, Lewis & Clark Behavior Bd Evals (Yankton) 1,650.00, Loving, Philip Bd Evals (Minnehaha) 1,237.50, Ludens Trucks/Tractors/Trailers 8,525.00, Marsh & McLennan Notary Exp 100.00, McLeods Printing Printing/Forms 1,449.00, Menard Automotive/Small Equip 84.96, Microfilm Imaging Furniture & Office Equip -100.00, Microfilm Imaging Software 4,500.00, Midstates Utility Truck Repairs & Maint 205.19, Mikelson Law Attorney Fees 292.65, Minnehaha Cnty Family Memberships 20.00, Multicultural Center Interpreters 165.00, Natl Trust For Hist Memberships 30.00, Nebraska Salt & Grain Road Material Inventory 7,533.44, Newman Signs Sign Supply Inventory 909.22, Northeast Investment Welfare Rent 800.00, Novak Trash Removal 315.15, Nybergs Ace Hardware Automotive/Small Equip 7.58, Olivier Miles Holtz Attorney Fees 2,426.00, Olson Oil Automotive/Small Equip 500.00, One Sky Heavy Equip Repairs & Maint 175.90, Osborn, Roxane R Court Reporters 925.00, Peoplefacts Recruitment 142.56, Pharmchem Testing Supplies 571.00, Phoenix Supply Child Care Items 491.36, Phoenix Supply Child Care Uniforms 790.93, Phoenix Supply Inmate Supplies 1,112.00, Pioneer Enterprises Burials 7,000.00, Prodata Computer Maint Contracts 540.00, Qualified Presort Publishing Fees 500.81, Quill Office Supplies 197.04, RDO Construction Heavy Equip Repairs & Maint 19.47, Record Keepers Professional Svcs 108.32, Redwood Toxicology Testing Supplies 1,740.00, Robertson, Andrew Business Travel 80.64, Rods Property Mgmt Welfare Rent 1,555.00, Roeller Properties Truck Repairs & Maint 700.00, Ryan Duffy Law Attorney Fees 1,056.20, Sanford Lab Costs 418.00, Sanford Clinic Insurance-Other Costs 706.00, Sanford Clinic Physicians 197.44, Sanford Clinic Professional Svcs 155.00, Sanford Health Plan Insurance Admin Fee 3,000.00, Sanitation Products Truck Repairs & Maint 386.07, SDACO Due To Other Governments 3,902.00, SD Human Svcs Clinics Auxiliary Svcs 38.20, Sentinel Offender Electronic Monitoring 1,861.04, Sioux Equip Building Repairs & Maint 46.03, Sioux Falls City Gas Oil & Diesel 10,932.52, Sioux Falls City HIDTA Grant 67.27, Sioux Falls City Program Activities 35.00, Sioux Falls City Welfare Utilities 39.95, Sioux Falls Seminary Professional Svcs 1,085.00, Sky Dragon Chinese Interpreters 100.00, Sky Dragon Chinese Welfare Rent 243.00, South Dakota Multi Memberships 260.00, Southeastern Behavior Crisis Intervention Program 6,567.98, Southeastern Behavior Professional Svcs 2,362.50, St Francis House Professional Svcs 145.34, State of SD Amts Held-Daily Scram 3,749.00, State of SD Data Communications 113.00, State of SD Printing/Forms 25.50, State of SD Telephone 346.50, Superion Maint Contracts 8,993.30, Szameit, Alexandra Interpreters 99.90, Tammen Auto & Tire Gas Oil & Diesel 47.73, Tegra Group Jail Expansion Prof Svcs 18,267.05, Think Tourism USA Advertising 1,705.00, Thomson Reuters Amounts Held For Others 675.00, Thomson Reuters Books 215.46, Thomson Reuters Legal Research 2,652.25, Transource Truck Truck Repairs & Maint 129.36, Triangle Properties Welfare Rent 844.00, True Care Family Pharmacies 29.79, Tschetter & Adams Child Defense Attorney 2,702.43, Two Way Solutions Automotive/Small Equip 419.02, Tyler Technologies Software 1,275.00, Uline Program Activities 140.00, UPS Postage 21.87, US Foods Professional Svcs 397.07, USPS Postage 225.00, VB Falls Terrace Welfare Rent 1,600.00, Verizon Wireless Data Processing Equip -2.84, Verizon Wireless Safety & Rescue Equip 40.01, Verizon Wireless Telephone 84.25, Vern Eide Motorcars HIDTA Grant 295.00, Walmart Stores Pharmacies 66.60, We Buy Houses Welfare Rent 650.00, Whittier Apts Welfare Rent 468.00, Williamsburg Limited Welfare Rent 666.00, Wynkoop, Walker Welfare Rent 330.00, Xcel Energy Electricity 1,384.76, Yankton County Return Of Svc 150.00.
PERSONNEL
MOTION by Beninga, seconded by Heiberger, to approve the following personnel changes. 5 ayes.
New Hires
1. Regina Tusken, Corrections System Operator for the Jail at $17.12/hour (9/5) effective 1/28/19.
2. Steven Breuer, variable hour Correctional Officer for the Jail at $20.25/hour effective 1/21/19.
Promotions
1. Baleigh Weber, Correctional Officer in Training to Correctional Officer for the Jail at $18.90/hour (13/1) effective 1/2/19.
Step Increases
1. Thomas Rabb – Investigator – State’s Attorney’s Office – 16/14 – 12/24/18 - $30.21/hour
2. Gregory McNamara – Investigator – State’s Attorney’s Office – 16/12 – 12/27/18 - $28.75/hour
3. Jennifer Adix – Human Resources Generalist – Human Resources – 17/13 – 12/27/18 - $30.97/hour
4. Cara Sambo – Caseworker – Human Services – 16/10 – 1/19/19 - $27.38/hour
5. Douglas Blomker – Assistant Director of Emergency Management – Sheriff’s Office – 20/12 – 12/27/18 - $35.04/hour
6. Adam Eschen – Correctional Officer – Jail – 13/2 – 11/28/18 - $18.99/hour
7. Jesimae Breuer – Correctional Officer – Jail – 13/5 – 1/18/19 - $20.86/hour
Special Personnel Action
Upon the request of Carey Deaver, Human Resources Director, MOTION by Beninga, seconded by Barth, to approve the hire of Jason Gearman as the Sheriff’s Office Director of Emergency Management on a variable hour basis at $36.81/hour effective 1/28/19. 5 ayes.
Upon the request of Carey Deaver, Human Resources Director, MOTION by Heiberger, seconded by Karsky, to approve Resolution MC19-3 to create a new position of Senior Deputy State’s Attorney for the State’s Attorney’s Office which will be assigned to legal matters for the Highway Department. By roll call vote: 5 ayes.
RESOLUTION MINNEHAHA COUNTY 19-3
RESOLUTION AUTHORIZING THE CREATION
OF A SENIOR DEPUTY STATE’S ATTORNEY POSITION
ASSIGNED TO THE MINNEHAHA COUNTY HIGHWAY DEPARTMENT
WHEREAS, the Minnehaha County State’s Attorney’s Office (MCSAO) provides legal representation to the Board of County Commissioners, the county-wide elected officials, and the County’s Department Heads; and
WHEREAS, the Civil Division of the MCSAO has three attorneys who are assigned to handle a high-volume of legal matters on behalf of the County, its elected officials and its department heads; and
WHEREAS, the Minnehaha County Highway Department (“Highway”) is currently engaged in multiple road construction projects which involve significant professional legal time and attention; and
WHEREAS, it is in the best interests of the County that its road construction projects be completed in a timely fashion; and
WHEREAS, the creation of a senior deputy state’s attorney position, dedicated to providing legal counsel to Highway, will facilitate the operations of Highway and will expedite the handling of legal matters for Highway; and
WHEREAS, Highway has funds available in its budget to fully fund a senior deputy state’s attorney position; and
WHEREAS, a need exists for the creation of a senior deputy state’s attorney position in order to provide efficacious and expeditious legal counsel to Highway; and
WHEREAS, the State’s Attorney and the Superintendent of Highways, jointly and respectfully request that a senior deputy state’s attorney position be created to provide legal support to Highway;
NOW, THEREFORE BE IT RESOLVED, by this Board of County Commissioners, of Minnehaha County, South Dakota, that:
1) A senior deputy state’s attorney position is hereby created and authorized in the Minnehaha County State’s Attorney’s Office; and
2) The Highway Department shall reimburse the State’s Attorney’s Office for the full amount of salary and benefits annually to fund this position.
DATED at Sioux Falls, South Dakota this 22nd day of January of 2019.
Jean Bender
JEAN BENDER, CHAIR
MINNEHAHA COUNTY COMMISSION
ATTEST:
Olivia Larson, Deputy Auditor
ROBERT LITZ, AUDITOR
Published at the approximate cost of $138.76.
(Jan. 30, 2019)
______ notice ______
Notice was received from the South Dakota Department of Health of a Disinterment Permit issued for the remains of Lori Christiansen, Hills of Rest Cemetery, Sioux Falls, South Dakota. Reinterment, St. Michael Cemetery, Sioux Falls, South Dakota.
PUBLIC COMMENT
John Parker, Minnehaha Conservation District Manager, spoke on their services, partners, funding, and educational involvement.
AGREEMENT
DJ Buthe, Highway Superintendent, presented a Professional Services Agreement between Minnehaha County and Ulteig Engineers Inc for final design services for the County Highway 111 safety improvements to the intersection with 267 Street, located 0.3 miles south of South Dakota Highway 42. The cost for services is not to exceed $50,556.60. Commissioners Karsky and Heiberger raised concerns regarding the cost of the overall project and preferred to first consider other options for solving the safety concerns with the intersection. In response to a question from Commissioner Barth, Mr. Buthe explained the selection process for the engineer. Mr. Buthe stated he was open to considering other options and was not opposed to deferring the item to allow for more discussion and consideration. MOTION by Barth, seconded by Karsky, to defer action for two weeks. 5 ayes.
Bob Litz, Auditor, presented an Actuarial Services Agreement between Minnehaha County and SilverStone Group Inc regarding the County’s Other Post-Employment Benefits (OPEB) liabilities. The South Dakota Department of Legislative Audit requires an actuarial analysis of the County’s OPEB every five years. The County will pay fees based on direct expenses, travel expenses, hourly time charges, and hourly billing rates of $260 for the Principal Actuary, $175 for the OPEB Actuarial Analyst, and $300 for the Group Medical Consultant. Maximum fees will be no more than $5,000 for the 2018 fiscal year valuation. Maximum fees for meeting attendance will be no more than $1,200. In response to a question from Commissioner Karsky, Carey Deaver, Human Resources Director, stated the OPEB is a health insurance benefit provided to eligible employees who have retired. MOTION by Heiberger, seconded by Beninga, to authorize the Chair to sign the Actuarial Services Agreement between Minnehaha County and Silverstone Group Inc for an actuarial analysis of the County’s Other Post-Employment Benefits liabilities with a maximum fee of $5,000. 5 ayes.
RESOLUTION
Carol Muller, Commission Administrative Officer, presented a resolution to amend Resolution MC14-54 for a property tax payment proposal on a tax deed action for record 17131. Resolution MC14-54 authorized a payment plan for The Retreat at Pointer’s Ridge (The Retreat) on back taxes totaling $12,768.46. Payments were made as scheduled in 2015, 2016, 2017, and 2018. Quarterly payments for 2019 rise to $1,000. The Retreat has requested a revised payment schedule of $500 per quarter with the pay-off date changing from July 2020 to July 2022. Deb Klebanoff, The Retreat at Pointer’s Ridge President & CEO, spoke on the clean-up that has been done on the property and provided before and after pictures. MOTION by Beninga, seconded by Barth, to approve Resolution MC19-4. By roll call vote: 5 ayes.
RESOLUTION MC 19-4
AMENDING RESOLUTION MC 14-54
PROPERTY TAX PAYMENT PROPOSAL
ON TAX DEED ACTION FOR RECORD 17131
WHEREAS, Minnehaha County initiated tax deed action to property record 17131 in accordance with state statutes; and
WHEREAS, the Minnehaha County Board of Commissioners approved Resolution MC 14-54 on September 9, 2014, authorizing a payment plan for unpaid taxes, penalties and interest on the property, said payment plan requiring payments in the amount of $250.00 per quarter in 2015 and 2016, $500.00 per quarter in 2017 and 2018, and $1000.00 per quarter in 2019 and 2020 until paid in full; and
WHEREAS, the Retreat at Pointers Ridge has paid $5,750.00 of the original $12,768.46 due;
WHEREAS, the Retreat at Pointers Ridge has requested that the Board consider the revised payment schedule as follows:
January 2019 – payment of $400.00
April 2019 – payment of $450.00
October 2019 until paid in full - $500.00 per quarter;
NOW, THEREFORE, BE IT RESOLVED by the Minnehaha County Board of Commissioners, the revised payment plan as described above is hereby approved.
Dates this 22nd of January, 2019
APPROVED BY THE BOARD:
Jean Bender
Jean Bender, Chairperson
ATTEST: Bob Litz, Auditor
Olivia Larson
Deputy Auditor
Published at the approximate cost of $42.98.
(Jan. 30, 2019)
______ change order ______
Carol Muller, Commission Administrative Officer, requested the approval of Change Order #3 for the Minnehaha County Jail Expansion for the Construction Manager at Risk Agreement Amendment No. 1 with JE Dunn and Henry Carlson. The change order is a total add of $368,626.70 for the following items: precast columns, $14,586.00; site utility revision, $109,252.00; rerouting of existing SDN fiber, $11,817.70; 5th floor wall revisions, $4,904.00; mechanical modifications, $29,889.00; detention openings schedule revisions, $0.00; new elevator modifications, $11,998.00; Elevator 4 Governor, $12,988.00; detention window revisions, $0.00; 24 inch storm line site utility revision, $165,152.00; CMU to precast revisions and roof door changes, deduct of $5,804.00; duct revisions, $0.00; drain tile at retaining wall, $2,851.00; vertical expansion parapet revisions, $0.00; detention window revisions at vertical expansions and handrail mounting detail, $0.00; Soffit at W10 windows, $5,089.00; and laundry room revisions, $5,904.00. MOTION by Heiberger, seconded by Barth, to approve Change Order #3 to the Construction Manager At Risk Agreement Amendment No.1 with JE Dunn Construction Company and Henry Carlson Construction for an additional $368,626.70. By roll call vote: 5 ayes.
LEGISLATIVE UPDATE
Craig Dewey, Assistant Commission Administrative Officer, gave an update and status report of the 2019 Legislative Session on bills that impact Minnehaha County. In response to questions from the Commission, Margaret Gillespie, Senior Deputy State’s Attorney, spoke on the options provided by statute to enforce County ordinances and remedies for violations of the ordinances.
BRIEFING
Kari Benz, Human Services Director, and Jill Franken, City of Sioux Falls Public Health Director, gave a briefing on attending the National Association of Counties Stepping Up Peer Exchange that took place in Des Moines, IA from November 1-2, 2018, regarding the Stepping Up Initiative to emphasize data driven solutions to reduce the number of individuals in jail with a serious mental illness.
NEW BUSINESS
Kari Benz, Human Services Director, provided an update on the Federal Government Shutdown and how it is affecting the local community, program funding, and services. Ms. Benz also stated that members of the community could contact the Human Services Department to inquire about available resources for assistance.
Commissioner Heiberger reported that the Sioux Empire Livestock Show Kickoff is January 22, 2019.
MOTION by Barth, seconded by Heiberger, to recess the Minnehaha County Commission Meeting at 10:32 a.m. 5 ayes.
MOTION by Barth, seconded by Karsky, to reconvene the Minnehaha County Commission Meeting at 10:40 a.m. 5 ayes.
MOTION by Karsky, seconded by Beninga, to enter into Executive Session pursuant to SDCL 1-25-2 (1) and (3). 5 ayes.
MOTION by Barth, seconded by Karsky, to adjourn. 5 ayes.
The Commission adjourned until 9:00 a.m. on Tuesday, January 29, 2019.
APPROVED BY THE COMMISSION:
Jean Bender
Chair
ATTEST:
Olivia Larson
Deputy Auditor
Published at the approximate cost of $32.24.
(Jan. 30, 2019)
