Minnehaha County minutes

THE MINNEHAHA COUNTY COMMISSION CONVENED AT 9:00 A.M. June 18, 2019, pursuant to adjournment on June 11, 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 Karsky, to approve the agenda. 5 ayes.

MINUTES APPROVAL MOTION by Beninga, seconded by Barth, to approve the June 11, 2019, Commission Minutes. 5 ayes.

VOUCHERS TO BE PAID MOTION by Barth, seconded by Heiberger, to approve the following bills totaling $4,438,021.84. 5 ayes.

A&B Business Lease-Rental Agmt 638.20, A&B Business Maint Contracts 218.88, Active Generations Advertising 47.00, Airgas USA Lease-Rental Agmt 54.84, Airteq Jail Repairs & Maint 1,054.55, Airway Svc Automotive/Small Equip 2,258.65, Airway Svc Gas Oil & Diesel 294.43, All About Travel Crisis Response Grt 2,168.00, All Nations Interp Interpreters 885.00, American Asoc Memberships 285.00, American Business Offi ce Sup 882.96, Anderson, Jennifer Bd Evals (Minnehaha) 3,697.50, Angel, Edward P Attorney Fees 143.00, Angel, Edward P Child Defense Attorney 550.15, Anna Kirchenwitz Witness Fees/Exps 90.00, Appeara Program Activities 245.34, Armor Correctional Contract Svcs 324,117.34, Associated Consult Fairgrounds 1,666.00, Automatic Building Coliseum Maint 422.45, Avera McKennan Hospitals 9,139.00, Avera McKennan Professional Svcs 3,500.00, Avera McKennan Psych Evals 1,250.00, Belitz, Clarence H Welfare Rent 724.00, Benz, Kari MacArthur SJC Grt 123.00, Berte, Mohamed Interpreters 50.00, Brentwood Apts Welfare Rent 500.00, Brevik Law Attorney Fees 185.65, Bridgewood Estates Welfare Rent 411.00, Bristol Court Welfare Rent 687.00, Brookings Register Advertising 179.00, Brouwer, Richard Welfare Rent 500.00, Campbell Supply Janitorial Chemical Sup 41.38, Carpenter, Donovan Business Travel 32.56, CBM Managed Svcs Board Of Prisoners-Meals 40,805.64, CBM Managed Svcs Child Care Food 4,793.62, CBM Managed Svcs Inmate Sup 264.43, Center For Family Professional Svcs 385.00, Century Business Maint Contracts 54.10, Century Business Professional Svcs 136.74, Centurylink Contract Svcs 13.43, Centurylink Data Coms 1,270.44, Centurylink Telephone 1,757.47, Chagolla, Albert Interpreters 99.98, Chris Cam Inmate Sup 64.33, CHS Road Maint & Material 369.75, City Glass & Glazing Building Repairs & Maint 5,523.00, CJ Sayles Store Inventory 673.50, Classic Convenience Gas Oil & Diesel 126.15, Cole Papers JDC Custodial Sup 947.34, Computer Forensic Professional Svcs 840.00, Counseling Resources Attorney Fees 350.00, Country Meadows Welfare Rent 514.00, Country View MHC Welfare Rent 1,078.00, Court, Taylor Business Travel 235.00, Culligan Water Maint Contracts 35.00, Dakota Fluid Power Parts Inventory 1,913.07, Dakota Fluid Power Truck Repairs & Maint 35.66, Dakota Law Attorney Fees 498.50, Dakota News Store Inventory 376.81, Dakota Supply Group JDC Maint 177.38, Dakotaland Autoglass Truck Repairs & Maint 360.00, Dalsin VOA Dakotas 485.00, Damgaard, Natalie D MacArthur SJC Grt 98.80, Data Management Maint Contracts 467.92, Dust Tex Svc Janitorial Chemical Sup 13.82, Dynamic Svcs Welfare Rent 500.00, Easy Badges Inmate Sup 900.00, Erick Doppenberg Extradition & Evidence 55.00, Fastenal Company Small Tools & Shop Sup 258.59, Ferguson Enterp Small Tools & Shop Sup 346.34, Force America Dist Truck Repairs & Maint 58.62, Forum Com Advertising 380.00, Franken, Jill MacArthur SJC Grt 87.00, Fully Promoted Uniform Allowance 27.58, Galls Quartermaster Uniform Allowance 214.21, Garfi eld Apts HS Donations 500.00, Garfi eld Apts Welfare Rent 700.00, George, Aaron Motels 475.00, George, Aaron Welfare Rent 1,690.00, Geotek Engineering Jail Expansion Prof Svcs 4,179.50, Geotek Engineering Parking 513.00, Goebel Printing Offi ce Sup 51.00, Goebel Printing Printing/Forms 84.64, Golden Creek Invest Welfare Rent 800.00, Grainger HHS Maint 53.66, Grainger HHS Maint (53.66), Grainger Small Tools & Shop Sup 78.15, Graybar Electric Com Electrical Repairs & Maint 1,987.52, Great Plains Psych Psych Evals 705.00, Guzman, Sandra V Interpreters 25.00, Haffner, Marvin Welfare Rent 500.00, Hava House Welfare Rent 500.00, Heiberger, Cindy MacArthur SJC Grt 126.00, Heimdal, Marie Ann Court Reporters 250.80, Helpline Center Homeless Initiatives 491.07, High Point Networks Data Coms 87.50, Hobby Lobby Stores Program Activities 35.95, Horizon Apts Welfare Rent 690.00, Howe Jail Repairs & Maint 1,221.41, Hughes Law Attorney Fees 3,049.40, HyVee Pharmacies 450.03, Initiative Invest Welfare Rent 700.00, Innovative Offi ce Offi ce Sup 33.55, Integrated Tech Professional Svcs 95.00, Intek Contract Svcs 24,429.55, Interprecorps Interpreters 180.00, Interstate Other Sup 37.50, Interstate Offi ce Offi ce Sup 924.88, ISI Interpreters 80.00, JCL Solutions Inmate Sup 798.00, JCL Solutions Kitchen/Cleaning Sup 1,858.03, Jim & Rons Svc Investigators Exps 182.00, Johnson Controls Heat, Vent & AC Repairs 5,610.00, Johnson, Erin M Bd Evals (Minnehaha) 2,162.00, Katterhagen, Mark Bd Exp Fees (Yankton) 117.00, Kirschbaum, Mark Business Travel 47.68, Kraayenhof, Nancy Welfare Rent 1,812.00, Kyra Enterprises Welfare Rent 500.00, Lamar Texas Program Activities 1,360.00, Lamp Interpreters 30.00, Languageline Interpreters 868.57, Laughlin Law Attorney Fees 1,042.90, Leach, Jason Duane MacArthur SJC Grt 181.38, Leaf Capital Funding Offi ce Sup 137.02, Ledd Properties Motels 1,195.00, Lewis Drugs Pharmacies 2,479.98, Lewno Law Bd Exp Fees (Yankton) 1,205.50, Lexisnexis Matthew Subscriptions 500.00, LG Everist Bridge Repair & Maint 155.53, Lisa Carlson Report Court Reporters 1,848.00, Lockwood, Darcy Bd Exp Fees (Yankton) 117.00, Machado, Sagaya Vasa Welfare Rent 500.00, Marsh & Mclennan Notary Exp 100.00, Matheson Trigas Small Tools & Shop Sup 42.16, Mattson, Monica Child Defense Attorney 1,696.75, Mclaughlin, David Welfare Rent 1,000.00, Menard Exhibit Materials 55.89, Menard Park & Recreation Material 11.98, Menard Program Activities 42.30, Menard Road Material Inventory 248.75, Metro Com Clinics Auxiliary Svcs 760.00, Metro Com Misc Exp 29,970.50, Microfi lm Imaging Contract Svcs 7,150.10, Microfi lm Imaging Software 750.00, Midamerican Energy Natural Gas 453.60, Midcontinent Com Data Coms 248.00, Midcontinent Com Telephone 85.00, Midwest Alarm Outside Repair 101.28, Midwest Alarm Security Alarm 263.78, Midwest Alarm VOA Dakotas 101.28, Millborn Seeds Tea-Ellis Range 400.00, Minnehaha Cnty Other Sup 120.00, Murray Properties Welfare Rent 1,000.00, Myers Enterprises Safety & Rescue Equip 525.00, Myrl & Roys Paving Tea-Ellis Range 495.02, Nebraska Salt & Grain Road Material Inventory 8,191.28, Newman Signs Sign Supply Inventory 1,707.93, Northeast Investment Welfare Rent 1,100.00, Northern Safety Tech Truck Repairs & Maint 252.88, Novak Offi ce Sup 168.48, Novak Trash Removal 974.21, Nybergs Ace Hardware Exhibit Materials 12.33, Oldhouse Journal Program Activities 67.00, Olivier Miles Holtz Attorney Fees 1,467.60, Olson Painting Program Activities 3,417.00, Oreilly Auto Parts Automotive/Small Equip 48.85, Oreilly Auto Parts Truck Repairs & Maint 31.17, P&G Townhomes Welfare Rent 1,303.18, PCCS Lease-Rental Agmt 3,518.00, Penbrooke Place Welfare Rent 401.00, Pennington Cnty Extradition & Evidence 9,637.40, Phipps, Ahmed N Interpreters 100.00, Phoenix Supply Child Care Items 13.00, Phoenix Supply Child Care Uniforms 327.21, Phoenix Supply Inmate Sup 1,616.00, Pioneer Enterprises Burials 2,000.00, Prestox Professional Svcs 55.00, Pride Neon Automotive/Small Equip 240.00, Qualifi ed Presort Postage 200.00, Quality Effi ciencies Motels 525.00, Rdo Construction Heavy Equip Repairs & Maint 1,239.90, Record Keepers Professional Svcs 125.31, Redwood Estates Welfare Rent 1,200.00, Redwood Toxicology Testing Sup 870.00, Reynolds Law Child Defense Attorney 2,234.50, Richard Ewing Equip Jail Repairs & Maint 138.58, Richard Ewing Equip JDC Maint 63.36, Risty, Maxine J Court Reporters 197.60, Rochester Armored Armored Car Svc 407.96, Sabastian Acuna Acos Business Travel 577.08, Sanford Clinic Professional Svcs 528.00, Sayre Associates Parking 5,184.00, Schmuck, Jan Bd Exp Fees (Minnehaha) 72.00, SD Assoc Of Cnty Due To Other Governments 4,932.00, SD Human Svcs Clinics Auxiliary Svcs 26.60, Sechser, Jenna Court Reporters 528.20, Security Labs Maint Contracts 325.00, Severtson, Allen Business Travel 38.44, Shaina Rasmussen Misc Revenue 150.00, Sioux Falls City Gas Oil & Diesel 15,075.66, Sioux Falls City HIDTA Grt 63.21, Sioux Falls City Water Sewer 92.56, Sioux Falls City Welfare Utilities 76.71, Sioux Falls Rubber Notary Exp 23.45, Sioux Falls Seminary Professional Svcs 563.00, Sioux Falls Woman Advertising 595.00, Sioux Valley Energy Welfare Utilities 187.02, Siouxland Properties Welfare Rent 500.00, Southeast SD Tourism Memberships 245.00, Southeastern Behavior Professional Svcs 2,625.00, Srstka, Erin MacArthur SJC Grt 121.80, St Francis House Professional Svcs 99.54, State of SD Amts Held-Daily Scram 3,864.00, State of SD Commitment HSC 20,767.49, State of SD Commitment Redfi eld 1,020.00, State of SD Data Coms 113.00, State of SD Due To Other Governments 3,673,974.81, State of SD MacArthur SJC Grt 94,500.00, State of SD Misc Exp 2,882.44, State of SD Notary Exp 60.00, State of SD Sign Supply Inventory 1,087.68, State of SD Store Sales 85.12, Taylor Place Welfare Rent 1,265.00, TCN Telephone 54.61, Thomson Reuters Amounts Held For Others 708.75, Thomson Reuters Legal Research 2,652.25, Three In One Professional Svcs 3,120.00, Tomacelli’S Too Jury Fees 99.43, Transource Truck Truck Repairs & Maint 37.49, Tristate Garage Door Jail Repairs & Maint 553.13, Trugreen Professional Svcs 58.06, Trumble, Hank Business Travel 676.00, University Products Program Activities 1,652.50, Verizon Wireless Data Processing Equip 1,258.79, Verizon Wireless HIDTA Grt 84.12, Verizon Wireless Misc Exp 132.33, Verizon Wireless Safety & Rescue Equip 204.58, Verizon Wireless Telephone 4,464.45, Victoria Estate Welfare Rent 700.00, Voisin, Alexander Business Travel 21.84, Walmart Stores Pharmacies 375.00, Walton, Marcus Attorney Fees 1,071.60, Waste Management Trash Removal 11.30, White Mountain Store Inventory 146.60, Xcel Energy Electricity 1,272.65, Xcel Energy Welfare Utilities 1,737.54, Yankton Cnty Return Of Svc 150.00, Yellow Cab Transportation 19.75, Yemam, Nassir Interpreters 25.00.

REPORTS The Mobile Crisis Team Annual Statistics Report through May 2019 and the Minnehaha County Monthly Sheriff’s Report for May 2019 were received and placed on file in the Auditor’s Office.

PERSONNEL MOTION by Heiberger, seconded by Karsky, to approve the following personnel changes. 5 ayes.

New Hires 1. Carolyn Johnson, Museum Interpreter for the Museum, at $16.30/ hour (9/3) effective 6/24/19. 2. Jason Meadowcroft, variable hour Juvenile Correctional Worker for the Juvenile Detention Center, at $14.85/hour effective 6/10/19. Promotions 1. Dallas Davis, Appraiser in Training to Appraiser for Equalization, at $21.39/hour (15/2) effective 6/18/19. Step Increases 1. Emily Bashus, Juvenile Correctional Offi cer I for the Juvenile Detention Center, at $18.44/hour (12/2) effective 5/7/19. 2. Cheryl Olson, Assistant Register of Deeds for the Register of Deeds, at $30.21/hour (19/8) effective 6/20/19. 3. Jaime Irwin, Senior Records Technician for the Register of Deeds, at $22.47/hour (12/10) effective 6/20/19. 4. Robbin Ketcham, Senior Records Technician for the Register of Deeds, at $24.80/hour (12/14) effective 6/22/19. 5. Susan Hopkins, Administrative Records Specialist for the Register of Deeds, at $26.71/hour (14/13) effective 6/20/19. 6. Michelle Franzen, Tax and License Technician for the Treasurer, at $17.12/hour (10/3) effective 6/7/19. 7. Mason Braun, Deputy Sheriff Sergeant for the Sheriff’s Offi ce, at $37.73/hour (20/15) effective 6/4/19. 8. Crystal Johnson, Senior Trial Attorney for the State’s Attorney’s Offi ce, at $4,060.00/biweekly (23/15) effective 5/23/19. 9. Randy Sample, Senior Trial Attorney for the State’s Attorney’s Offi ce, at $4,160.80/biweekly (23/16) effective 5/29/19. 10. Olivia Larson, Commission Recorder for the Auditor, at $21.39/hour (14/4) effective 6/13/19. 11. Vicki Huitt, Accounting Manager for the Auditor, at $32.54/hour (19/11) effective 6/19/19. Other Salary Changes 1. To begin Interpreter specialty pay for Sieha Ouch, Correctional Offi cer in Training for the Jail, resulting in a rate of $18.48/hour effective 6/15/19. 2. To begin EMT specialty pay for Linc Mitchell, Deputy Sheriff for the Sheriff’s Offi ce, resulting in a rate of $25.69/hour effective 6/15/19.

HANDBOOK UPDATE Carey Deaver, Human Resources Director, requested approval of an update to the Minnehaha County Employee Handbook for meal reimbursement rates. The rates would increase for in-state meals from $11.00 to $14.00 for lunch and $15.00 to $20.00 for dinner. The rates would increase for out-of-state meals from $14.00 to $18.00 for lunch and $21.00 to $28.00 for dinner. The reimbursement rates for breakfast would not change. The proposed rate increases mirror the State of South Dakota increases that will become effective on of July 1, 2019.

MOTION by Heiberger, seconded by Beninga, to approve updates to the Minnehaha County Employee Handbook, Section 14.2, Allowable Expenses effective July 1, 2019, for the following meal reimbursement rates: In-State Lunch at $14.00, InState Dinner at $20.00, Out-of-State Lunch at $18.00, Out-of-State Dinner at $28.00. 5 ayes.

PUBLIC COMMENT John Cunningham, 4904 S Oxbow, Sioux Falls, commented on the County’s current budget concerns and voiced concerns regarding the utilization of funds for the new jail. Michelle Boyd, Programs & Services Manager, introduced Scott McMahon as the new Metro Communications Director. Mr. McMahon spoke on his appreciation for being chosen for the position and his previous work experience.

REZONING HEARING Scott Anderson, Planning Director, was present for the public hearing and gave the second reading of an amendment to Ordinance MC16-90, the 1990 Revised Zoning Ordinance. The amendment, Rezone #19-05, is to rezone from A-1 Agricultural District to Almond Branch Planned Development District for the property legally described as Tract 1, Hanson Addition, E ½ SE ¼, Section 14-T103N-R50W, Minnehaha County, South Dakota, located approximately 4 miles southwest of Baltic. The property is a 5 acre parcel of land. The petitioner and property owner is Parth Patel. The rezoning request is to construct an event barn to be used for private gatherings such as corporate meetings and weddings. Additionally, the petitioner would build a private single family residence. Due to the poor road infrastructure leading to the proposed site and potential land use confl icts with nearby agricultural operations, staff recommended denial of the rezoning request. The rezone was recommended for denial six to one by the Planning Commission on March 20, 2019. Parth Patel, 1518 W Havens Ave, Mitchell, SD, petitioner, spoke on his request for the rezone. Mr. Patel stated the he intends to give an incentive to customers to use an alternate route to his proposed facility to address the road condition concerns. Additionally, Mr. Patel stated that he has no concerns with the confi ned animal feeding operation (CAFO) being close to the proposed facility. In response to Commissioner Karsky’s question, Mr. Anderson spoke on the potential future impact of the land use confl ict between the proposed facility and the nearby CAFO. Commissioner Beninga commented on his concern for halting free enterprise due to a potential land use confl ict when there is no land use violation. Mr. Anderson stated that the majority of the Planning Commission was concerned about the proximity to the CAFO. In response to a question from Commissioner Beninga, Mr. Anderson estimated that the number of cars utilizing the road would be 100-150 per event based on a 250 people capacity for the proposed facility. The alternate route suggested by Mr. Patel would approximately shorten the use of the road by a mile. Mr. Anderson stated that requiring the petitioner to maintain dust control on the road is not feasible due to the distance from the property to the highway and the amount of agricultural traffi c. Commissioner Heiberger voiced concerns with the amount of additional traffi c that would put a lot of stress on an already poor road. Additionally, Commissioner Heiberger brought up concerns regarding how the facility would affect agricultural operations. Commissioner Karsky commented that there would be added value in tax from the facility that would be paid to the County, a portion of which would be dispersed to the township to maintain the road. In response to a question from Commissioner Karsky, Mr. Patel stated he intends to operate the facility on Friday, Saturday, and Sunday with the potential for additional days for preparation of an event.

MOTION by Karsky, seconded by Beninga, to reverse the Planning Commission’s decision and approve Rezone #19-05. By roll call vote: 2 ayes. Commissioners Bender, Barth, and Heiberger voted nay. Motion failed. Commissioner Karsky stated that, from a land use perspective, it is an acceptable use and isn’t infringing upon anyone else. Commissioner Heiberger expressed her opposition to approving the rezone due to the lack of a plan for the road issue. Commissioners Barth and Bender spoke in opposition due to the confl icting land use and road condition issues. No one from the public spoke in opposition. MOTION by Barth, seconded by Heiberger, to uphold the Planning Commission’s decision to deny Rezone #19-05. By roll call vote: 5 ayes.

APPEALS CUP #19-17 Scott Anderson, Planning Director, gave a briefing on an appeal filed by Roger & Dana Mulder for Conditional Use Permit (CUP) #19-17. The CUP is to allow the transfer of one (1) building eligibility on the property legally described as the W1/2 SW1/4 (Ex. Ry & Ex. Tr. 1, Kjergaard’s Addn.) & E1/2 SW1/4, N of Ry & Tract 1, Jacobson’s Second Addn., From the NW1/4 SW1/4 to the SW1/4 SW1/4; all in Section 34-T101N-R47W. The property is located approximately seven (7) miles east of Sioux Falls. The Planning Commission approved CUP #19- 07 unanimously on May 20, 2019, with the following condition: 1) A right-to-farm notice covenant shall be placed on the deed prior to the issuance of a building permit for the single family dwelling. The petitioner of CUP #19-17, Earl Grimmius, requested to transfer one (1) building eligibility from cropland to cropland with the intention of building a single family dwelling. Staff recommended approval of the CUP due to the request being consistent with density zoning. Dalton Grimmius, 48250 268th Street, Brandon, petitioner’s son, spoke on the request for the CUP and responded to a question regarding the placement of the driveway. Jen Mulder, 2930 N Jessica Ave, Sioux Falls, appellant’s daughter, spoke on concerns regarding drainage, the effects on her parent’s water pressure through the addition of another home, and the proximity of the proposed house to her parent’s house. Mr. Grimmius addressed drainage concerns and provided an elevation map stating the runoff would fl ow to the southeast avoiding the stock damn. Mr. Grimmius stated that the septic system would be positioned downhill from the house, making it further away from the stock damn. Ms. Mulder provided a picture of the nearby wetlands to illustrate her drainage concerns. Commissioner Barth commented that change is likely to come to the area due to the growth of Sioux Falls, the nearby casino, and the Gitchie Manitou State Preserve. Commissioner Heiberger stated that the driveway will be regulated by the Highway department, the septic system is regulated by the State of South Dakota, and the water company is responsible for concerns regarding water pressure. MOTION by Heiberger, seconded by Barth, to uphold the Planning Commission’s decision to approve CUP #19-17 with one condition. By roll call vote: 5 ayes. CUP #19-22 David Heinold, Planner, gave a briefi ng on an appeal fi led by Jim Soukup for Conditional Use Permit (CUP) #19-22. The CUP is to allow gravel extraction on the property legally described as the SW1/4 (Ex. Tract 1 Tyler’s Addn. & H-1), Section 25-T102N-R51W. The property is approximately fi fty-fi ve (55) acres of land, located approximately two (2) miles east of Hartford. The petitioner for the CUP was Jim Soukup. The owner of the property is David Tyler. The Planning Commission approved CUP #19-22 unanimously on May 20, 2019, with the following twenty-three (23) conditions: 1) An annual fee shall be paid to the County in accordance with Section 15.14 of the zoning regulations. (Note: An annual fee of $10 per acre of un-reclaimed land is assessed to the operator.) 2) There shall be no fuel storage on the site. 3) Hours of operation shall be from 7:00 am to 6:00 pm on weekdays and 8:00 am to noon on Saturdays. 4) That the only dewatering shall be for use in dust control, road projects and rock washing. The applicant shall obtain any required permits from the state for use of the water. 5) That all of the requirements in the Haul Road Agreement between Hartford Township be followed continually. Dust control shall be applied twice yearly on 261st St. for one mile. 6) The ambient air quality standards for total suspended particulate matter shall be 150 micrograms per cubic meter of air as a 24-hour average not to be exceeded more than once a year, and 60 micrograms per cubic meter of air as an annual arithmetic mean. The standards for PM10 (10 micrometers or less in size) shall be consistent with the regulations of the State of South Dakota. 7) The County Planning Department shall direct the operator to install air quality sampling stations if the standards appear to be exceeded. Such monitoring shall be at the operator’s expense. 8) The sound level from on-site operations shall not exceed an average of 55 decibels recorded over a 10 minute period measured at the nearest residence. 9) That one (1) off-street parking place for each employee and two (2) customer off-street parking spaces shall be provided. 10) The boundaries of the extraction area shall conform to the site plan submitted with the application. 11) Topsoil shall remain on the site and be used in fi nal reclamation. 12) Only clean fi ll shall be used as backfi ll. 13) There shall be no storage or accumulation of inoperable or discarded equipment or parts. 14) A gate shall be required at the haul road entrance to the property. The entire haul road shall have a dust control agent applied at least twice per year. 15) That all mining activity is concluded by January 1, 2030 and that reclamation shall be in accordance with the plan fi led with the State and outlined in the application and all reclamation of the site shall be completed by December 31, 2029. 16) That if one (1) or more acres of area is disturbed the applicant is required to obtain a General Permit from the Department of Environment and Natural Resources. 17) That the applicant provides the Minnehaha County Auditor with a surety bond or cash in the amount of $5,000.00. 18) The applicant shall abide by all regulations outlined in Minnehaha County Flood Management Ordinance, MC32-03, when working in the 100 year fl oodplain and/or fl oodway. 19) That all trucks be covered/tarped when loaded and leaving the pit area. 20) The applicant shall install signs at the end of the haul road directing truck traffi c leaving the pit to turn north and exit onto S.D. Highway 38. 21) The applicant shall arrange a site review with the Planning Director in July of 2025 to discuss the progress of the mining and reclamation operations, determine that all of the conditions of approval are being met and discuss any additional issues that may arise. 22) That the Planning & Zoning Department reserves the right to enter and inspect the gravel extraction operation at any time, after proper notice to the owner, to ensure that the property is in full compliance with the conditional use permit conditions of approval and the Minnehaha County Zoning Ordinance. 23) No trucks are allowed west of the designated entrance and exit for the gravel extraction site on 261st St. Commissioner Barth commented that the need for condition nineteen (19) is negated by SDCL 32-15-18, which makes it unlawful for a vehicle to be improperly loaded. Nate Gonseth, 525 E Lakeview Drive, Brandon, Soukup Construction Chief Financial Offi cer, was present to speak on Mr. Soukup’s appeal to request the removal of condition nineteen (19). Mr. Gonseth spoke on the expense to retroactively adding tarps to their trucks. In response to a question from Commissioner Heiberger, Margaret Gillespie, Senior Deputy State’s Attorney, advised the Commission on the wording of the motion if they wanted to remove condition nineteen (19). No one spoke in opposition to the appeal request. MOTION by Heiberger, seconded by Karsky, to amend CUP #19-22 by striking condition nineteen (19), a condition that all trucks be covered/ tarped when loaded and leaving the pit area. By roll call vote: 5 ayes.

MOTION by Heiberger, seconded by Karsky, to approve CUP #19-22 as amended with twenty-two (22) conditions. By roll call vote: 5 ayes. CONTRACTS Michelle Boyd, Programs & Services Manager, gave a briefi ng on the per diem contracts with 13 counties to house inmates in the Minnehaha County correctional facilities. Under the terms of the contract, the daily rate for housing inmates, other than a work-release setting, is $97.34. This is an increase from the current rate of $96.45. For inmates authorized to participate in the Electronic Monitoring Work Release Program the rate is $15.00 per day. Individual counties would be responsible for any medical expenses the inmate would require. The contracts will be subject to a 30 day written notice to rescind or cancel by either party. MOTION by Beninga, seconded by Karsky, to authorize the Chair to sign the Minnehaha County Jail Bed Per Diem Contracts with the counties of Aurora, Brookings, Deuel, Gregory, Hanson, Hutchinson, Hyde, Kingsbury, Lake, McCook, Moody, Sanborn, and Turner effective July 1, 2019, through June 30, 2020. 5 ayes. APPOINTMENT Craig Dewey, Assistant Commission Administrative Offi cer, reported applications were received from Anne Land and Jon Thiesen to serve as the Minnehaha County representative on the Siouxland Library Board of Trustees. The position became available in May 2019 with applications due on May 31st, 2019. Mr. Dewey noted that the by-laws of the Siouxland Library Board of Trustees strongly encourages rural representation. Jodi Fick, Director of Siouxland Libraries, spoke on the purpose of the board, commented on having spoken with Ms. Land, and stated that all the current members of the board live in the City of Sioux Falls and come from a variety of backgrounds. MOTION by Heiberger, seconded by Barth, to appoint Anne Land as the Minnehaha County representative on the Siouxland Library Board of Trustees for a three year term beginning June 18, 2019, through June 18, 2022. By roll call vote: 5 ayes. Anne Land, 47584 249th Street, Dell Rapids, thanked the Commission for the appointment.

LIAISON REPORT Commissioner Karsky reported on attending a site visit of the Charleston Center in Charleston, SC from June 11-12, 2019, with Commissioner Heiberger and fourteen (14) other representatives. The site visit allowed for the sharing of best practices and to see how an operational triage center can work. While there, they met with a Charleston County Commissioner, who spoke on initiatives for criminal justice reform issues. Commissioner Heiberger explained that a grant through the State paid for her travel expenses, and that a grant given to Minnehaha County paid for Commissioner Karsky’s travel expenses. She reported being able to look into fi rst responders being trained in telehealth, pertaining to mental illness, that may go statewide. Additionally, Commissioner Heiberger had the opportunity to meet with a coordinated council, similar to the new Sioux Empire Leadership Council, to learn about the benefi ts the council has brought to their community and how it functions. In response to a question from Commissioner Barth, Commissioner Karsky stated that the funding for the Charleston Center is a hybrid of various entities including the city, the county, and the state in collaboration with a healthcare provider. Commissioner Heiberger reported on meeting with the Treasurer regarding monthly bank reconciliations that had not been completed since June 2018. At this time, the June 2018 and July 2018 bank reconciliations have been fi led with the Auditor’s Offi ce. The Treasurer’s Offi ce is continuing to work on completely the remaining reconciliations and have set goals for completion. NEW BUSINESS Commissioner Barth commented on a local recycling organization no longer accepting plastic bags, and he suggested the Commission consider getting rid of the use of plastic bags in the County.

OLD BUSINESS Commissioner Barth suggested two separate items to submit for legislation. The first item would provide compensation for the additional work conducted by the Treasurer’s Offi ce when assisting property owners in remote locations, such as Puerto Rico. The second would give the County more authority on how to inexpensively take care of indigent funeral expenses. Commissioner Bender stated that the next Budget Hearing is scheduled for 8:00 a.m. on Wednesday, June 19, 2019. MOTION by Barth, seconded by Heiberger, to recess the Minnehaha County Commission Meeting at 10:28 a.m. 5 ayes.

MOTION by Karsky, seconded by Heiberger, to reconvene the Minnehaha County Commission Meeting at 10:37 a.m. 5 ayes.

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

MOTION by Karsky, seconded by Heiberger, to adjourn. 5 ayes. The Commission adjourned until 9:00 a.m. on Tuesday, June 25, 2019.

APPROVED BY THE COMMISSION: Jean Bender Chair

ATTEST: Olivia Larson Deputy Auditor

Published at the approximate cost of $278.76.