Minnehaha County: Dec. 8, 2020 minutes
_________ Minutes _________
THE MINNEHAHA COUNTY COMMISSION CONVENED AT 9:00 A.M. December 8, 2020, pursuant to adjournment on December 1, 2020. Commissioners present were: Beninga, Heiberger, and Karsky. Commissioners Bender and Barth were present via Zoom Videoconference. Also present were Olivia Larson, Commission Recorder, and Drew DeGroot, Chief Civil Deputy State’s Attorney.
Due to Chair Commissioner Bender attending the meeting via Zoom, Vice Chair Commissioner Karsky ran the meeting.
MOTION by Heiberger, seconded by Beninga, to approve the agenda. By roll call vote: 5 ayes.
MINUTES APPROVAL
MOTION by Barth, seconded by Beninga, to approve the December 1, 2020, Commission Minutes. By roll call vote: 5 ayes.
VOUCHERS TO BE PAID
MOTION by Heiberger, seconded by Beninga, to approve the following bills totaling $954,188.35. By roll call vote: 5 ayes.
A&B Business Data Processing Sup 387.00, A&B Business Lease Rental Agmt 171.39, A&B Business Maint Contracts 310.66, Affordable Housing Welfare Rent 680.00, Airgas USA Lease-Rental Agmt 70.96, Airway Svc Automotive/Small Equip 130.08, Airway Svc Gas Oil & Diesel 113.40, Alcohol Monitoring Electronic Monitoring 295.50, All Nations Interp Interpreters 8,658.10, Als Properties Silv One Sioux Falls-Shelter 621.00, Amazon Capital Svc Amounts Held For Others 404.28, American Planning Memberships 388.00, American Polygraph A Memberships 150.00, Anderson, Jennifer Bd Evals Minnehaha 3,516.66, Angel, Edward P Attorney Fees 1,252.55, Appeara Program Activities 188.77, Associated Consultin Coliseum 226.50, Avera McKennan Blood Withdrawal 306.00, Avera McKennan Hospitals 28,048.89, Avera McKennan Physicians 1,852.32, Avera McKennan Professional Svcs 3,750.00, Axon Enterprise Safety & Rescue Equip 817.50, Barnett Lewis Funer Burials 1,300.00, Beck, Jeffrey R Child Defense Attorney 286.15, Bierschbach Equip Motor/Machine/Equip Repair 110.60, Black Events & Adver Program Activities 300.00, Bob Barker Company Inmate Sup 1,574.66, Boyer Ford Trucks Automotive/Small Equip 52.08, Boyer Ford Trucks Truck Repairs & Maint 55.88, Brandon Valley Journ Publishing Fees 947.64, Braun, Mason Investigators Exp 117.60, Bristol Court Welfare Rent 700.00, Brooks Townhomes Welfare Rent 400.00, Burns, Jason Investigators Exp 64.26, Buthe, DJ Business Travel 325.50, Candian County Sheriff Return Of Svc 50.00, Century Business Maint Contracts 804.10, Century Business Office Sup 443.10, Chasing Willows Welfare Rent 700.00, Civil Design Architects & Engineers 575.00, Com-Tec Jail Repairs & Maint 5,546.71, Constellation Natural Gas 96.02, CPI/Guardian Inmate Sup 6,097.40, Crosbyjaeger Funeral Burials 2,000.00, Culligan Water Maint Contracts 35.00, Cyntom Property Man Welfare Rent 500.00, Dakota Law Firm Prof Attorney Fees 465.60, Dakota Supply Group JDC Maint 1,692.00, Dakotaland Homes Welfare Rent 500.00, Dalsin Repair/Renos 2,244.00, Decastro Law Child Defense Attorney 892.40, Deer Hollow Welfare Rent 644.00, Dell Marketing Data Processing Equip 898.00, Dell Marketing Office Sup 447.00, Dematteo Law Child Defense Attorney 436.50, Donahoe Law Attorney Fees 601.40, Dust Tex Svc Janitorial Chemical Sup 12.20, Edwards, Carrie Professional Svcs 1,000.00, EH Hospitality Motels 625.00, Ekeren, Marvin R Bd Exp Fees Yankton 6.00, Electric Supply Furniture & Office Equip 188.90, Eurographics Inc Store Inventory 110.22, Exhaust Pros Truck Repairs & Maint 1,348.55, Fastenal Jail Repairs & Maint 171.30, Fastenal Small Tools & Shop Sup 132.63, First Dakota Title Professional Svcs 750.00, G&R Controls Heat, Vent & AC Repairs 135.00, Galls Quartermaster Uniform Allowance 4,037.01, Gaylord Bros Program Activities 369.64, Ge, Xijin Welfare Rent 1,580.00, George, Aaron One Sioux Falls-Shelter 752.00, Geotek Engineering Architects & Engineers 16,520.00, Golden West Telephone 40.58, Graybar Electric Electrical Repairs & Maint 157.10, Guzman, Sandra V Interpreters 525.00, HDR Engineering Architects & Engineers 1,285.00, Heidepriem Purtell Attorney Fees 40.00, Helpline Center Misc Exp 4,000.00, Hospitality Apt One Sioux Falls-Shelter 650.00, Hurtgen, Timothy T Welfare Rent 660.00, HyVee Pharmacies 16.23, Innovative Building Repairs & Maint 8,274.67, Innovative Office Sup 75.10, Institutions Svc Jail Repairs & Maint 1,575.59, Intek Misc Exp 300.00, Interlakes Community Misc Exp 2,000.00, Interstate Commerc Jail Repairs & Maint 226.90, Interstate Office Office Sup 888.60, Jacks Uniforms And Uniform Allowance 109.95, JCL Solutions COVID Exp 6,250.00, JCL Solutions Inmate Sup 1,028.70, JCL Solutions Kitchen/Cleaning Sup 1,087.81, JD Property Solution Welfare Rent 700.00, Jeff Larson Law Attorney Fees 2,160.70, John Boylan Misc Revenue 300.00, Justin Lammer Business Travel 196.00, Katterhagen, Mark Bd Exp Fees Yankton 72.00, Kauffman, David W Ph Psych Evals 3,500.00, Kennedy Pier & Loftu Attorney Fees 1,241.60, Lacey Rentals Lease-Rental Agmt 112.00, Lamp Interpreters 67.50, Language Testing Int Professional Svcs 119.00, Larry Kuhnert Sign Deposits 50.00, Laughlin Law Attorney Fees 1,595.00, Ledd Properties Emergency Shelter Grant 265.00, Lewis & Clark Behav Bd Evals Yankton 2,208.00, Lewno Law Bd Exp Fees Yankton 887.50, Lexisnexis Matthew B Subscriptions 515.00, Lockwood, Darcy Bd Exp Fees Yankton 66.00, Loving, Philip Bd Evals Minnehaha 2,599.94, Majestic View Apt Welfare Rent 500.00, Marsh & McLennan Notary Exp 50.00, Menard Program Activities 74.99, Metro Comms Clinics Auxiliary Svcs 1,610.00, Metro Comms Misc Exp 192,849.29, Michels Comm Advertising 250.00, Midamerican Energy Natural Gas 858.37, Midway Svc Gas Oil & Diesel 1,489.10, Midwest Alarm Security Alarm 593.58, Minnehaha Community Tea-Ellis Range 35.00, Minnehaha Community Water Sewer 30.00, Mr Cooper Group One Sioux Falls-Shelter 1,337.82, Murray Properties Welfare Rent 500.00, MZR Enterprises One Sioux Falls-Shelter 1,150.00, Napa Auto Parts Parts Inventory 93.28, NASPPG Insurance Ser Property & Liability 7,776.00, New Century Press Publishing Fees 4,549.45, Nichole Carper Child Defense Attorney 931.20, Norberg Paints Program Activities 27.56, Northern Truck Equip Motor/Machine/Equip Repair 92.77, Novak Lease-Rental Agmt 135.14, Nybergs Ace Hardware Other Sup 35.12, Nybergs Ace Hardware Small Tools & Shop Sup 472.12, Office Depot Data Processing Sup 57.09, Olivier Miles Holtz Attorney Fees 1,670.05, Olson Law Attorney Fees 1,729.00, Olson, Dawn Court Reporters 50.00, One Sky Heavy Equip Repairs & Maint 311.85, Penbrooke Place Apt One Sioux Falls-Shelter 787.00, Pioneer Enterprises Burials 1,673.47, Prahm Construction Contracted Construction 102,102.53, Qualified Presort Postage 6,089.61, Quality Efficiencies Motels 625.00, Reede Construction Contracted Construction 226,383.60, Risty, Maxine J Court Reporters 1,789.80, River Glen Place Welfare Rent 500.00, Riverview Park Welfare Rent 456.00, Safe Home Misc Revenue -415.34, Safe Home Notes Rec Safe Home -3,178.75, Safe Home Rent Subsidies 11,234.00, Sams Club Other Sup 63.92, Sams Club Professional Svcs -62.52, Sams Club Safe Home Donations 200.33, Sanford Clinic Blood Withdrawal 20.00, Sanford Clinic Lab Costs 336.00, Sanford Clinic Misc Exp 47.30, Sanford Clinic Other Medical Svcs 985.92, SD Human Svcs Clinics Auxiliary Svcs 50.80, SD State Bar Memberships 12,695.00, SD State’s Attorneys Memberships 2,250.00, SDN Comms Data Comms 627.48, SDN Comms Telephone 1,468.80, Sioux Equip Gas Oil & Diesel 687.43, Sioux Falls City Misc Exp 883.00, Sioux Falls City Professional Svcs 85,702.00, Sioux Falls City Welfare Utilities 618.05, Sioux Falls Rubber Office Sup 100.50, Sioux Valley Energy Electricity 376.48, Sioux Valley Energy Tea-Ellis Range 165.19, Southeastern Behav Drug Court 5,000.00, St Francis House Professional Svcs 8.64, Stan Houston Equip Sign Supply Inventory 312.99, Staples COVID Exp 532.87, State of SD Amts Held Daily Scram 2,834.00, State of SD Amts Held Remote Breath 770.00, State of SD Bulletin Board Svc 175.84, State of SD Fingerprint/Tax 278.46, State of SD Memberships 75.00, State of SD Misc Revenue 156.39, State of SD Misc Exp 87.00, State of SD Mug Shots 0.98, State of SD Notary Exp 30.00, State of SD Other Sup 270.00, State of SD Store Sales 153.45, State of SD Telephone 29.25, Steven W Bott Sign Deposits 50.00, Strange Farrell John Attorney Fees 3,515.94, Streichers Uniform Allowance 1,338.54, Summit Fire Protect Safety & Rescue Equip 89.10, Summit Food Svc Board Of Prisoners Meals 68,769.66, Summit Food Svc Child Care Food 690.77, Summit Food Svc Inmate Sup 207.88, Summit Food Svc School Lunch Program 1,122.99, Sumption & Wyland Education & Training 350.00, Swingen Construction Contracted Construction 14,479.93, Taylor, Randy Welfare Rent 500.00, TCN Telephone 2.41, Terveen Manufactured Welfare Rent 230.00, The Mighty Bowtones Program Activities 380.00, Thomson Reuters Subscriptions 255.98, Three In One Professional Svcs 3,120.00, Total Till & Seed Road Maint & Material 800.00, Tri State Nursing Professional Svcs 2,698.94, Tschetter & Adams Attorney Fees 1,938.14, Two Way Solutions Comm Equip Repair 503.48, Tzadik Sioux Falls P One Sioux Falls Shelter 1,820.77, US Foods Other Sup 22.88, US Foods Professional Svcs 504.56, USPS Postage 500.00, VB Falls Park Apts Welfare Rent 700.00, Ver Beek, Kelsey Attorney Fees 175.11, Wall Lake Sanitary D Water - Sewer 90.00, Weinstein, Daniel B Attorney Fees 630.50, Wheelco Truck Repairs & Maint 20.49, Williamsburg One Sioux Falls Shelter 1,390.00, Windsor Heights Apt One Sioux Falls Shelter 645.00, Xcel Energy Electricity 2,878.45, Xcel Energy One Sioux Falls-Shelter 390.50, Xcel Energy Welfare Utilities 213.00, Yankton County Return Of Svc 100.00.
REPORTS
The December 2020 Highway Department Construction Project Monthly Report, the Minnehaha County Auditor’s Account with the County Treasurer as of August 31, 2020, and the Minnehaha County Auditor’s Account with the County Treasurer as of September 30, 2020, were received and placed on file in the Auditor’s Office.
Auditor’s Account with the County Treasurer as of August 31, 2020:
Total on deposit in banks, in interest bearing, open accounts:
1st National Bank, $25,148,520.81
US Bank (Cash with Trustee), $2,559,853.74
Total C.D. and Money Market Savings, $13,000,000.00
Total Actual Cash, $28,080.00
TOTAL CASH ON HAND, $40,736,454.55
TOTAL MUNIS CASH BALANCE, $40,736,238.71
unreconciled difference, $215.84
Total of Checks and Drafts which have been in the
Treasurer’s possession over 3 days
$31,013.45
Auditor’s Account with the County Treasurer as of September 30, 2020:
Total on deposit in banks, in interest bearing, open accounts:
1st National Bank, $25,405,338.04
US Bank (Cash with Trustee), $2,416,691.65
Total C.D. and Money Market Savings, $13,000,000.00
Total Actual Cash, $28,080.00
TOTAL CASH ON HAND, $40,850,109.69
TOTAL MUNIS CASH BALANCE, $40,849,816.69
unreconciled difference, $293.00
Total of Checks and Drafts which have been in the Treasurer’s possession over 3 days, $29,744.45
PERSONNEL
MOTION by Beninga, seconded by Heiberger, to approve the following personnel changes. By roll call vote: 5 ayes.
New Hires
1. Paige Harkema, variable hour Juvenile Correctional Worker for the Juvenile Detention Center, at $15.25/hour effective 12/2/2020.
Step Increases
1. Seth Hodges, Sergeant for the Sheriff’s Office, at $30.36/hour (20/5) effective 12/14/2020.
2. Kyle Neu, Deputy Sheriff for the Sheriff’s Office, at $24.31/hour (17/2) effective 11/9/2020.
3. Michael Walsh, Captain for the Sheriff’s Office, at $3,788.00/bi-weekly (23/11) effective 11/14/2020.
4. Michael Brenden, Certified Civil Process Server for the Sheriff’s Office, at $29.61/hour (14/16) effective 12/14/2020.
5. Justin Lammer, Deputy Sheriff for the Sheriff’s Office, at $25.54/hour (17/4) effective 11/13/2020.
6. Ellen Boesel, Accountant for the Treasurer’s Office, at $23.71/hour (16/3) effective 12/14/2020.
7. Henry Trumble, Operations Manager for the Highway Department, at $2,681.60/bi-weekly (20/9) effective 12/3/2020.
8. Victoria Reker, Senior Deputy Public Advocate for the Public Advocate’s Office, at $3,348.00/Biweekly (22/10) effective 12/1/2020.
9. Grant Edgecomb, Custodian for the Museum, at $18.07/hour (6/12) effective 11/30/2020.
10. Tamara Holl, Office Manager for the State’s Attorney’s Office, at $23.14/hour (14/6) effective 4/23/2020.
11. Brooke Goodale, Senior Deputy State’s Attorney for the State’s Attorney’s Office, at $2,887.20/Biweekly (22/4) effective 10/9/2020.
12. Wade Hanson, Corporal for the Jail, at $34.34/hour (17/16) effective 12/6/2020.
13. Shayla Abbas, Nhan Tu, Alec Szczawinski, and Andrew Moat Correctional Officer for the Jail, at $19.95/hour (13/2) effective 12/14/2020.
14. Kasara Goldhorn, Jesus Chagolla, Austin Pickering, and Kimberly Berry Correctional Officer for the Jail, at $20.46/hour (13/3) effective 12/14/2020.
15. Joseph Schatz, Sergeant for the Jail, at $34.34/hour (20/10) effective 11/26/2020.
16. Scott Hacking, Corporal for the Jail, at $31.12/hour (17/12) effective 9/21/2020.
17. Regina Tusken, Correctional Systems Operator for the Jail, at $18.07/hour (10/4) effective 8/24/2020.
18. CareyJo Deaver, Human Resources Director for Human Resources, at $4,615.20/biweekly (24/15) effective 9/15/2020.
Other
1. To correct the hire date of Najib Mohamud, variable hour Correctional Officer for the Jail, from 11/30/2020 to 12/1/2020.
2. To rescind the action of hiring Matthew Johnson as a variable hour Correctional Officer for the Jail on 11/30/2020.
Special Personnel Action
Upon the request of Carey Deaver, Human Resources Director, MOTION by Beninga, seconded by Heiberger, to approve a temporary additional duty salary adjustment for Kim Adamson, Finance and Budget Officer, for the Auditor’s Office, effective 11/30/2020 through 12/31/2020, resulting in an initial hourly rate of $52.27/hour. By roll call vote: 5 ayes.
ELECTED OFFICIAL SALARY
Carey Deaver, Human Resources Director, gave a briefing on elected official salary history and requested direction from the Commission for future action on December 15, 2020. An elected official salary history, a comparison of department head salaries, and an elected official market summary and assistant department head salary comparison were provided. Commissioners offered recommendations including the following: a 5% increase for both the Register of Deeds and the Sheriff, an increase for the State’s Attorney position to $137,000, start the newly elected Treasurer at the base salary, and set the newly appointed Auditor at $114,400. Adjustments will need to be made to ensure the salaries are evenly divisible by the number of pay periods.
PUBLIC COMMENT
Terry Denniston, 47573 255th Street, Renner, brought forward nuisance concerns regarding the location of a horse manure pile on his neighbor’s property and the handling of the nuisance by the Planning & Zoning Department.
VEHICLE REPLACEMENT
Chris Lilla, Director of Equalization, requested approval for the use of surplus funds from the 2020 budget to replace a 2003 Chevy truck. The truck was acquired from the Highway Department in September 2014 and was used until October 2020. There are mechanical and safety concerns regarding the truck such as a hole in the driver’s side floor board under the mat, the overheating of the engine, and the need for new tires. A replacement vehicle would be purchased through the State bid process if approved. MOTION by Beninga, seconded by Barth, to approve the use of surplus funds from the Equalization Department’s 2020 Budget to replace a 2003 Chevy truck. By roll call vote: 5 ayes.
AGREEMENTS
DJ Buthe, Highway Superintendent, via Zoom Teleconference, presented two Bridge Replacement Funding Agreements between Minnehaha County and the South Dakota Department of Transportation. One agreement for Structure 50-290-131 and the other for Structure 50-208-130. The County was awarded Federal funding for the replacement of the structures. The estimated cost for design and construction according to the State is $445,000.00 for each structure. The Federal funding covers 81.95% of eligible costs with the County being responsible for 18.05% in addition to ineligible items. Ineligible items include, but are not limited to, right-of-way costs, utility relocations, roadway surfacing, fencing, offsite mitigation, and monitoring costs. State funds will be utilized by the State for 18.05% of preliminary design costs.
MOTION by Heiberger, seconded by Barth, to authorize the Vice Chair to sign the Bridge Replacement Funding Agreement between Minnehaha County and the State of South Dakota Department of Transportation for the replacement of Structure 50-290-131, County Highway Project Number MC21-03, State Project Number BRO 8050(83) PCN 085L. By roll call vote: 5 ayes.
MOTION by Barth, seconded by Heiberger, to authorize the Vice Chair to sign the Bridge Replacement Funding Agreement between Minnehaha County and the State of South Dakota Department of Transportation for the replacement of Structure 50-208-130, County Highway Project Number MC21-04, State Project Number BRO 8050(82) PCN 085K. By roll call vote: 5 ayes.
RESOLUTIONS
DJ Buthe, Highway Superintendent, via Zoom Teleconference, presented a resolution to revise Resolution MC12-73 and to establish new fees for Highway Access Permits. The fees for temporary access, farm field approach, and residential access would each increase by $5.00. The fee for commercial/industrial access would increase by $25.00. The number of access permits processed has increased from 14 in 2012 to 23 in 2020. MOTION by Heiberger, seconded by Beninga, to approve Resolution MC20-74, a resolution revising MC12-73 and establishing new fees for Highway Access Permits. By roll call vote: 5 ayes.
MC20-74
RESOLUTION REVISING MC12-73
ESTABLISHING NEW FEES FOR
HIGHWAY ACCESS PERMITS
WHEREAS, the Minnehaha County Highway Department currently administers Highway Access Permits to the public at specified fees according to Resolution MC12-73; and
WHEREAS Resolution MC12-73 established fees for Temporary, Farm Field, Residential, and Commercial and Industrial accesses and approaches as administered through the Minnehaha County Highway Department; and
WHEREAS, the Minnehaha County Board of Commissioners finds it necessary to periodically adjust fees to keep pace with rising costs for these services;
NOW THEREFORE BE IT RESOLVED by the Minnehaha County Board of Commissioners that the Minnehaha County Highway Department is hereby authorized to charge the following fees:
Temporary Access Permit
$ 25.00 per access
Farm Field Access Permit
$ 55.00 per access
Residential Access Permit
$ 80.00 per access
Commercial/Industrial Access Permit $175.00 per access
Improve Existing Access Permit
$ 25.00 per access
All fees collected shall be deposited into the County Highway and Bridge Fund.
Approved this 8th day of December, 2020.
APPROVED BY THE COMMISSION:
Dean Karsky
Vice Chairman
ATTEST: Bob Litz, Auditor
Olivia Larson
Deputy Auditor
DJ Buthe, Highway Superintendent, via Zoom Teleconference, presented a resolution to revise MC15-49 and to revise the promulgation of criteria, rules, and forms for permitting utilities within the jurisdiction of Minnehaha County. Ordinance MC47-15, the Minnehaha County Highway Utility Crossing Ordinance, authorizes the issuance of permits for utilities crossing highways under the jurisdiction of the County. Resolution MC15-49 set the fee schedule through the implementation of the “Accommodation of Utilities on County Highways Righ-Of-Way” guidebook. The proposed resolution would implement a revised guidebook. Two areas of note that have been updated include the fee schedule and the language regarding non-compliance. MOTION by Bender, seconded by Heiberger, to approve Resolution MC20-75, a resolution revising MC15-49 and Revising the Promulgation of Criteria, Rules, and Forms for Permitting Utilities within Minnehaha County Jurisdiction. By roll call vote: 5 ayes.
MC20-75
RESOLUTION REVISING MC#15-49
Revising the Promulgation of Criteria, Rules, and Forms for Permitting Utilities within Minnehaha County Jurisdiction
WHEREAS, it is in the best interest of the County to develop and preserve safe highway operations and roadsides by assuring that standard guidelines and permitting processes for utility facility crossings of Minnehaha County highways be put in place; and,
WHEREAS, Minnehaha County Ordinance MC#47-15, permits the Minnehaha County Highway Superintendent to promulgate criteria, rules, forms, and the ability to assess fees for the permitting of utility facilities crossing highways under his jurisdiction within Minnehaha County; and,
WHEREAS, said criteria, rules, forms, and fees are established by Resolution MC#15-49, which incorporates an attached document, “ACCOMODATION OF UTILITIES ON COUNTY HIGHWAY RIGHT-OF-WAY” and its appendices; and,
WHEREAS, said document needs to be updated from time to time to keep pace with industry standards and other evolving needs, including amending the fee structure, now,
THEREFORE BE IT RESOLVED, by the Minnehaha County Board of Commissioners, that the revised and reissued attached document, “ACCOMODATION OF UTILITIES ON COUNTY HIGHWAY RIGHT-OF-WAY”, dated January 2021, including its appendices, be adopted as the enforceable criteria, rules, forms, and fee structure for highway utility crossings pursuant to Minnehaha County Ordinance MC#14-15, Section 2, and such provisions not inconsistent with the provisions of the Ordinance shall have the same force and effect of the provisions of the Ordinance.
All fees collected shall be deposited into the County Highway and Bridge Fund.
Approved this 8th day of December, 2020.
APPROVED BY THE COMMISSION:
Dean Karsky
Dean Karsky, Vice Chairman
ATTEST: Bob Litz, Auditor
Olivia Larson
Deputy Auditor
Olivia Larson, Deputy Auditor, presented two resolutions regarding special event alcohol beverage licensing. The first resolution is new and would address the issuance of consume and blend special event licenses. The consume and blend license allows for the consumption, but not the sale, of alcoholic beverages. The proposed resolution should reduce confusion brought forward by the public and provide a written document expressing the requirements associated with the application and issuance of a license. MOTION by Beninga, seconded by Heiberger, to approve Resolution MC20-76, A Resolution Establishing The Rules For Regulating And Restricting The Issuance Of Consume And Blend Alcohol Beverage Licenses Pursuant To SDCL § 35-1-5.5. By roll call vote: 5 ayes.
RESOLUTION MC20-76
A RESOLUTION ESTABLISHING THE RULES FOR REGULATING AND RESTRICTING THE ISSUANCE OF CONSUME AND BLEND ALCOHOL BEVERAGE LICENSES PURSUANT TO SDCL § 35-1-5.5
WHEREAS, SDCL 35-1-5.5 provides that the County Board of Commissioners may permit the
consumption, but not the sale, of any alcoholic beverage on property owned by the public or by a
nonprofit corporation within the unincorporated portions of the County;
NOW, THEREFORE, BE IT RESOLVED, by the Minnehaha County Board of Commissioners as
follows:
1. Consume & Blend Licenses may be issued by the Minnehaha County Board of Commissioners
through a majority vote at a regularly scheduled Commission Meeting;
2. Any person interested in a Consume & Blend License must submit an application to the
Minnehaha County Auditor’s Office as the facilitator of alcohol beverage licenses for the County;
3. Any license issued pursuant to this resolution shall be issued for no longer than twenty-four (24)
hours. Additionally, the hours authorized for consumption may not exceed those permitted for on-sale
licenses.
4. Any license issued pursuant to this resolution shall be issued only to the specific person and for
the specific location contained within the application.
5. Any license issued pursuant to this resolution is limited to property owned by the public or by a
nonprofit corporation.
EFFECTIVE DATE: 01/01/2021
Passed, adopted, and approved by the Minnehaha County Board of Commissioners on this 8th day of
December, 2020.
BY:
Dean Karsky
Commission Vice Chair
ATTEST:
Olivia Larson, Deputy
County Auditor
The second resolution would replace Resolution MC17-16 and apply to special event alcohol beverage licenses that allow for the sale of alcoholic beverages. The proposed resolution addresses the following: references to applicable State statute, concerns regarding the ability to rescind an issued license, concerns regarding the effect of a cancelled event on a licensee’s total number of allowable licenses in a calendar year, and the issuance of a license for qualifying entities that have received donations of alcoholic beverages for the purpose of fundraising. Commissioner Beninga directed staff to require proof of IRS non-profit status on applications where the applicant is applying under sections (5)-(7) of the resolution. MOTION by Beninga, seconded by Heiberger, to approve Resolution MC20-77, a Resolution Amending The Rules For Regulating And Restricting The Issuance Of Special Event Alcohol Beverage Licenses Pursuant To SDCL § 35-4-124/35-4-125. By roll call vote: 5 ayes.
RESOLUTION MC20-77
A RESOLUTION AMENDING THE RULES FOR REGULATING AND RESTRICTING THE
ISSUANCE OF SPECIAL EVENT ALCOHOL BEVERAGE LICENSES PURSUANT TO SDCL § 35-
4-124/35-4-125
WHEREAS, pursuant to SDCL § 35-4-124, the Minnehaha County Board of Commissioners, shall
establish rules for regulating and restricting the issuance of special licenses for temporary malt beverage,
temporary wine, and temporary liquor licenses;
WHEREAS, Minnehaha County Resolution MC17-16, A Resolution Establishing License Limits And
Costs For Temporary Malt Beverage License And Temporary Liquor Licenses SDCL § 35-4-124/35-4-
125 became effective on June 7, 2017, and;
NOW, THEREFORE, BE IT RESOLVED by the Minnehaha County Board of Commissioners that
MC17-16 be repealed and that the following take its place to regulate and restrict the sale of alcoholic
beverages at special events held within Minnehaha County:
(1) A temporary special malt beverage retailers license may be issued in conjunction with a special event
within the County to any civic, charitable, educational, fraternal, or veterans organization or any licensee
licensed pursuant to SDCL § 35-4-111 or § 35-4-2(4), (6), or (16) in addition to any other licenses held by
the special events license applicant;
(2) A temporary special on-sale wine retailers license may be issued in conjunction with a special event
within the County to any civic, charitable, educational, fraternal, or veterans organization or any licensee
licensed pursuant to SDCL § 35-4-111 or § 35-4-2(4), (6), or (12) or any farm winery licensee in addition
to any other licenses held by the special events license applicant;
(3) A temporary special on-sale license may be issued in conjunction with a special event within the
County to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed
pursuant to SDCL § 35-4-111 or § 35-4-2(4) or (6) in addition to any other licenses held by the special
events license applicant;
(4) A temporary special off-sale package wine dealers license may be issued in conjunction with a special
event within the County to any civic, charitable, educational, fraternal, or veterans organization or any
licensee licensed pursuant to SDCL § 35-4-2(3), (5), or (12) or any farm winery licensee in addition to
any other licenses held by the special events license applicant. A special off-sale package wine dealers
licensee may only sell wine manufactured by a farm winery licensee;
(5) A temporary special off-sale package wine dealers license may be issued in conjunction with a special
event, conducted pursuant to SDCL § 35-4-124.1, within the County to any civic, charitable, educational,
fraternal, or veterans organization;
(6) A temporary special off-sale package malt beverage dealers license may be issued in conjunction with
a special event, conducted pursuant to SDCL § 35-4-124.1, within the County to any civic, charitable,
educational, fraternal, or veterans organization; or
(7) A temporary special off-sale package dealers license may be issued in conjunction with a special
event, conducted pursuant to SDCL § 35-4-124.1, within the County to any civic, charitable, educational,
fraternal, or veterans organization.
(8) Any license issued pursuant to this Resolution may be issued for no longer than fifteen (15)
consecutive days.
(9) The maximum number of licenses that may be issued pursuant to this Resolution to any person,
organization, or entity within any calendar year is fifteen (15).
(10) If an event is cancelled, rendering the issued license unnecessary, the licensee shall provide written
verification of cancellation to the County Auditor’s Office, from the event host, in order to ensure the
cancelled event does not count against the entity’s maximum number of licenses that may be issued
within that calendar year.
(11) Any license issued pursuant to this resolution shall be issued only to the specific person,
organization, or entity and for the specific location specified on the application.
(12) The fees for licenses issued pursuant to this Resolution shall be as follows:
A temporary special malt beverage retailer’s license $25.00 per day.
A temporary special on-sale wine retailer’s license $25.00 per day.
A temporary special on-sale license may be issued $50.00 per day
A temporary special off-sale package wine dealers license $25.00 per day.
(13) A $50.00 publishing fee for each application shall be required.
(14) Any application brought pursuant to this Resolution shall be accompanied by the license fee and
publishing fee at the time of submission to the County Auditor’s Office. The fees for licenses issued
pursuant to this Resolution shall be placed in the County’s general fund.
(15) Temporary licenses issued pursuant to this Resolution may allow the sale of alcoholic beverages on public property or property owned by a nonprofit corporation during a special event.
(16) Any license issued pursuant to this Resolution may be rescinded by official Commission action
should the licensee, or any employees or agents acting on behalf of the licensee, violate any County
ordinance or State law related to the sale or furnishing of alcoholic beverages found within Title 35.
EFFECTIVE DATE: 01/01/2021
Passed, adopted, and approved by the Minnehaha County Board of Commissioners on this 8th day of
December, 2020.
BY:
Dean Karsky
Commission Vice Chair
ATTEST:
Olivia Larson, Deputy
County Auditor
Carol Muller, Commission Administrative Officer, presented a resolution to insert covenant language into the gravel pit warranty deed. The County Gravel Pit was previously declared as surplus for the purposes of sale by auction. County owned property adjacent to the gravel pit is used as the law enforcement shooting range. To ensure the sale of the gravel pit does not hinder the operation of the shooting range, the State’s Attorney’s Office drafted language to be inserted into the warranty deed as a covenant. MOTION by Heiberger, seconded by Beninga, to approve Resolution MC20-78, a resolution Conveying County-Owned Property Subject to a Covenant in the Warranty Deed. By roll call vote: 5 ayes.
RESOLUTION MC20-78
Conveying County-Owned Property Subject to a Covenant in the Warranty Deed
WHEREAS, on November 17, 2020, the Minnehaha County Commission declared the Minnehaha County Gravel Pit, Record No. 93053, located at 46686 – 263rd St., Ellis, South Dakota, as surplus and approved the sale of said real property at auction; and
WHEREAS, Minnehaha County intends to sell the above-referenced parcel; and,
WHEREAS, Minnehaha County will retain ownership of land adjacent to the surplus parcel, upon which adjacent land the Sheriff operates a gun-shooting range for law enforcement training purposes; and,
WHEREAS, Minnehaha County has in interest in continuing gun-shooting range operations at that site for law enforcement training; and,
WHEREAS, the County Commission has determined that to maintain uninterrupted gun-shooting range operations after the sale of the County Gravel Pit parcel, No. 93053, said parcel should be conveyed subject to a certain covenant, exceptions, reservations, restrictions, or limitations; and
NOW THEREFORE BE IT RESOLVED, that the following covenant be inserted into the Warranty Deed for County-owned property commonly referred to as the unmined County gravel pit with the legal description of TRACT 1 SIERRA ADDITION SE1/4 SE1/4 06 101 50 WAYNE TOWNSHIP 101-50 WEST of the 5th P.M., MINNEHAHA COUNTY, SOUTH DAKOTA, ACCORDING TO THE RECORDED PLAT THEREOF:
Provided always that this grant is made subject to the covenant, exceptions, reservations, restrictions, or limitations herein specified, to-wit:
Grantor owns adjacent property legally described as the E1/2 SE1/4 (EX TR 1 SIERRA ADDN) & NW1/4 SE1/4, 6-101-50, including CNW-RR-ROW located in the NW 1/4 SE 1/4, 6-101-50, Minnehaha County, SD;
Grantor uses a portion of said property for the purpose of a gun shooting range and will maintain said use;
Grantee, its heirs, successors, agents and assigns are hereby notified that the property being conveyed to Grantee is near a functional gun shooting range. Grantee, its heirs, successors, agents, and assigns may be subject to inconvenience or discomfort. Discomforts and inconveniences may include, but are not limited to: noise, smoke, vibrations, and/or operation of machinery (including aircraft) during any twenty-four hour period. Grantee, its heirs, successors, agents, and assigns shall be prepared to accept such inconveniences or discomforts as a normal and necessary aspect of operating or living in the area;
Grantee, its heirs, successors, agents and assigns shall make no claim against the Grantor that the above described use of Grantor’s adjacent property interferes with the quiet use and enjoyment of Grantee, its heirs, successors, agents and assigns;
In the event of a breach of this Deed, the Grantor, its agents, successors or assigns shall be entitled to institute proceedings at law or in equity for relief from the consequences of said breach including but not limited to seeking injunctive relief. The prevailing party in any such action shall be awarded its costs and expenses, including reasonable attorneys’ fees, which shall be deemed to have accrued on the commencement of such action and shall be awarded whether or not such action is prosecuted to judgment.
Dated this 8th day of December, 2020.
APPROVED BY THE COMMISSION: ATTEST:
Dean Karsky Olivia Larson
Vice Chairman
Deputy Auditor
LIAISON REPORT
Commissioner Bender reported on an Administration & Extension Building Remodel meeting held with the architects and discussed office standards.
Commissioner Barth reported on last week’s Museum Board Meeting where the following topics were discussed: the decrease in visitation at the Museum, the re-scheduling of a conference from 2020 to 2021, and the possible reduction of board meetings.
Commissioner Heiberger reported on plans to attend a South Dakota Association of County Commissioners Board of Directors Meeting on December 9, 2020, where the year will be finalized and plans will begin for the next annual convention. Commissioner Karsky will also be in attendance.
Commissioner Karsky reported on last week’s Board Meeting for Link (aka the Triage Center) where a contract was approved with Avera for the management of Link and a fifth board member was approved. Additionally, Smithfield has granted $400,000 to Link.
MOTION by Beninga, seconded by Barth, to recess the Minnehaha County Commission Meeting at 10:01 a.m. By roll call vote: 5 ayes.
MOTION by Heiberger, seconded by Beninga, to reconvene the Minnehaha County Commission Meeting at 10:11 a.m. By roll call vote: 5 ayes.
MOTION by Heiberger, 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 Heiberger, seconded by Beninga, to adjourn. By roll call vote: 5 ayes.
The Commission adjourned until 9:00 a.m. on Tuesday December 15, 2020.
APPROVED BY THE COMMISSION:
Dean Karsky
Vice Chair
ATTEST:
Olivia Larson
Deputy Auditor
Published at the approximate cost of $361.65.
December 16, 2020
