Legals: August 4, 2021

Brandon Township

____ Notice of Meeting ____

Notice of Meeting of August 10, 2021

Brandon Township, Minnehaha County, SD will meet at the Mighty Corson Art Players Building at 25993 482nd Ave, Brandon, SD 57005 on the 10th day of August, 2021 at 7:00 p.m. for the purpose of reviewing purchase of grader.

Published twice at the total approximate cost of $7.36

Aug 5 & 11, 2021

Carlon Law Office

______ Summons ______

STATE OF SOUTH DAKOTA 

COUNTY OF MINNEHAHA

SS.

IN CIRCUIT COURT

SECOND JUDICIAL CIRCUIT

STATE OF SOUTH DAKOTA, by and through the Division of Child Support,  ex rel. CAREY J. NORGAARD (Obligee), Plaintiff,

v.

ANTHONY R. FORE (Obligor), Defendant.

49REC 18-548

SUMMONS

THE STATE OF SOUTH DAKOTA TO THE ABOVE-NAMED DEFENDANT:

You are hereby summoned and required to answer the Complaint of the Plaintiff in the above-entitled action, which was filed on October 9, 2018 with the Clerk of Courts of the Second Judicial Circuit, Minnehaha County, South Dakota, and to serve a copy of your Answer to the Complaint on the subscriber at his office at 117 South Pierre Street, Post Office Box 249, Pierre, South Dakota, within thirty (30) days after completion of service by publication of the Summons upon you, exclusive of the day of such service, and if you fail to answer the Complaint within the time aforesaid, judgment by default may be rendered against you as requested in the Complaint, together with the costs and disbursements of this action.

Dated June 15, 2021.

/s/James E. Carlon

James E. Carlon

Special Assistant Attorney General

Division of Child Support

117 S. Pierre Street

PO Box 249 

Pierre, SD 57501

(605) 224-5880

(605) 224-4707 FAX

Published four times at the approximate cost of $61.40

 July 14, 21, 28 & Aug. 4, 2021

 

Change of name

__________ Notice __________

STATE OF SOUTH DAKOTA

COUNTY OF MINNEHAHA

SS:

IN CIRCUIT COURT

2ND JUDICIAL CIRCUIT

In the Matter of the Petition of Anissa Angelica Ledesma Ascalon

For a Change of Name to

Anissa Angelica Ascalon

CIV: 21-1855

NOTICE OF HEARING FOR ADULT NAME CHANGE

NOTICE IS HEREBY GIVEN a Verified Petition for Adult Name Change has been filed by Anissa Angelica Ledesma Ascalon the object and prayer of which is to change Petitioner’s name from Anissa Angelica Ledesma Ascalon to Anissa Angelica Ascalon. On the 24 day of August, 2021, at the hour of 11:00 am said verified petition will be hear by this Court before the Honorable Sogn Presiding, at the Court Room in the Minnehaha County Courthouse, City of Sioux Falls, Minnehaha County, South Dakota, or as soon thereafter as is convenient for the court. Anyone may come and appear at that time and place and show reasons, if any, why said name should not be changed as requested. 

Dated this 16 day of July, 2021 at Sioux Falls, South Dakota.

Clerk of Court

Published four times at the approximate cost of $46.68.

July 28, Aug 5, 11 & 18, 2021

 

 

Change of name

__________ Notice __________

STATE OF SOUTH DAKOTA

COUNTY OF MINNEHAHA

SS:

IN CIRCUIT COURT

2ND JUDICIAL CIRCUIT

In the Matter of the Petition of William Michael Connelly For a Change of Name to Mira Kathleen Earl Connelly

CIV: 21-1936

NOTICE OF HEARING FOR ADULT NAME CHANGE

NOTICE IS HEREBY GIVEN a Verified Petition for Adult Name Change has been filed by William Michael Connelly the object and prayer of which is to change Petitioner’s name from William Michael Connelly to Mira Kathleen Earl Connelly. On the day of 24 Aug, 2021, at the hour of 11:00 am said verified petition will be heard by this Court before the Honorable Jon Sogn Presiding, at the Court Room in the Minnehaha County Courthouse, City of Sioux Falls Minnehaha County, South Dakota, or as soon thereafter as is convenient for the court. Anyone may come and appear at that time and place and show reasons, if any, why said name should not be changed as requested. 

Dated this 23rd day of July, 2021 at Sioux Falls, South Dakota. 

JON SOGN

Circuit Court Judge or Clerk of Court

ATTETST: 

ANGELIA M. GRIES

Clerk of Court

By: 

Deputy

Published four times at the approximate cost of $52.80.

July 28, Aug 5, 11 & 18, 2021

 

City of Brandon

___ Notice of Hearing ___

__ FOR home occupation __

NOTICE IS HEREBY GIVEN, that a public hearing will be held by the Brandon Planning and Zoning Commission on the 19th day of August, 2021 at 6:30 p.m. at the Brandon Council Chambers, 308 S. Main Avenue, Brandon, South Dakota;

This hearing will be conducted to consider granting a permit for a Home Occupation allowing for the following:

To open a dog grooming business out of garage. The legal description and property address is:

Lot 1 Block 11 Sunrise Estates Addition (2500 E. Palmer Street)

NOTICE IS FURTHER GIVEN that any interested person or their attorney or representative may appear and be heard.

Dated this 29th day of July, 2021

Chairman

Planning & Zoning Commission

Published: August 4, 2021

Published at the approximate cost of $8.90.

Aug 5, 2021

 

_______ Notice of _______

____ Public Hearing ____

Pursuant to SDCL 11-4-12, notice is hereby given that the Brandon Planning Commission will hold a public hearing on August 19, 2021, regarding a proposed amendment to the Brandon Zoning Regulations.  Specifically, the Planning Commission will be considering a recommendation of adoption to the City Council for Ordinance No. 635, amending Chapter 15-14-3(A)(8), Additional Use Regulations, Off-Street Parking.

A copy of the proposed amendment to the Brandon Zoning Regulations is available for public review at the Brandon City Hall in the office of the Finance Officer during regular business hours.

The Planning Commission public hearing will be held at the following time, date, and location:

6:30 p.m.

August 19, 2021

Brandon Council Chambers (308 Main Avenue)

The purpose of this hearing is to explain the proposed amendment to interested persons, answer questions, and consider public comments. The Planning Commission invites all interested persons to attend and offer their comments. Those interested persons not able to attend are invited and encouraged to send written comments, prior to the hearing, to the City Administrator, P.O. Box 95, Brandon, SD  57005.

In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this hearing, please contact the City Administrator at (605) 582-6515. Anyone who is deaf, hard-of-hearing or speech-disabled may utilize Relay South Dakota at (800) 877-1113 (TTY/Voice). Notification 48 hours prior to the hearing will enable the City to make reasonable arrangements to ensure accessibility to this hearing.

Christina Smith

Finance Officer

Published once at the approximate cost of $17.19.

Aug 5, 2021

 

_________ Minutes _________

The Brandon City Council met in a special meeting session at 5:30 p.m. on Monday, July 26, 2021 at the Council Chambers at 308 S Main Avenue, Brandon, South Dakota.  Present were Dana Clark, Vickie David, Barb Fish, Tim Jorgenson, David Kull, Jack Parliament and Mayor Jim Heinitz.  Others present were: City Administrator, Bryan H. Read; Finance Officer, Christina Smith; Public Works Director, Rollie Hoeke; Police Chief, Jamie Steffel; Golf Course Manager, Andrew Bauer and Park Superintendent, Devin Coughlin.  Absent:  None.  

Alderwoman Clark moved and Alderman Parliament seconded to approve the agenda.  Motion carried.

BUDGET WORK SESSION

Discussion was held on the 2022 proposed expenditures presented to council.  No formal action was taken.  

At 6:57 p.m., on a motion by Alderwoman Clark seconded by Alderman Jorgenson the meeting was adjourned.  Motion carried.

Christina Smith

Municipal Finance Officer

Jim Heinitz

Mayor

Published four times at the approximate cost of $10.44

August 5, 2021

 

_________ Minutes _________

The Brandon City Council met in regular session at 6:00 p.m. on July 6, 2021 in the Council Chambers at 308 S. Main Avenue, Brandon, South Dakota.  Present were Dana Clark, Vickie David, Barb Fish, Tim Jorgenson, David Kull, Jack Parliament and Mayor Jim Heinitz.  Others present were:  City Administrator, Bryan Read; Finance Officer, Christina Smith; City Attorney, Lisa Marso;  City Engineer, Tami Jansma; Police Chief, Jamie Steffel; Fire Chief, Robert Dykstra; Park Superintendent, Devin Coughlin and Public Works Director, Rollie Hoeke.

Alderwoman Fish moved Alderwoman Clark seconded to approve the agenda.  Motion carried.

Alderman Kull moved Alderman Jorgenson seconded to approve the minutes of the June 17, 2021 briefing meeting and the minutes of the June 21, 2021 regular meeting.  Motion carried.

Alderwoman Fish moved Alderman Kull seconded to approve the following claims.  Motion carried.

VENDOR, DESCRIPTION, AMOUNT; A-1 Septic, Professional Services, 900.00; AB Contracting, Materials, 417,963.60; AFLAC, June Contribution, 1,176.23; Alteigh Cody, Reimbursement, 300.10; Amber Larsen, Refund, 40.00; Ambush Apparel, Supplies, 678.09; Amy Blackburn, Refund, 40.00; Avera Medical Group, Professional Services, 110.00; B & B Golf Cars, Repairs, 1,875.80; Beal Distributing, GC Resale, 4,584.90; Border States Electric, Supplies, 43.80; Brooke Maassen, Refund, 40.00; Butler Machinery, Repairs, 285.02; C & R Supply, Supplies, 357.78; Cait Jacobson, Reimbursement, 300.10; Central Heating & Air, Repairs, 685.60; Christina Smith, Reimbursement, 91.67; Coca Cola/Chesterman, GC Resale, 652.98; Coffee Cup, Fuel, 31.53; Construction Products & Consultants, Inc., Supplies, 190.40; Corson Village Sanitary District, Utilities, 1,910.64; Courtney Moeller, Reimbursement, 155.92; Dakota Beverage, GC Resale, 3,256.65; Delta Dental, July Contribution, 3,036.00; Devin Coughlin, Reimbursement, 69.21; DGR Engineering, Professional Services, 78,165.78; Division of Motor Vehicles, Fees, 21.20; Fastenal, Supplies, 74.76; Fastsigns, Supplies, 158.26; FedEx, Supplies, 4.54; Geotek Engineering, Professional Services, 1,075.50; Girton Adams Company, Supplies, 68.25; Graham Tire, Supplies, 600.00; Grainger, Supplies, 49.39; Hach, Supplies, 593.13; Hawkins, Chemicals, 12,462.07; Hydraulic World, Repairs, 43.37; John E. Erpenbach, Professional Services, 250.00; Johnson Bros of South Dakota, GC-Resale, 3,537.83; Justice Fire & Safety, Supplies, 70.00; Kibble Equipment, Repairs, 2,386.78; Lacey Rentals, Rental, 385.00; Lawson Products, Supplies, 124.81; League of Nebraska Municipalities, Publications, 47.30; Menards, Supplies, 0.79; Midstates, Inc., Clothing, 89.46; Minnehaha Community Water Corp., Utilities, 109.10; Modern Woodmen of America, July Contribution, 1,732.16; Myrl & Roy’s Paving, Repairs, 13,491.36; Newman Signs, Supplies, 107.03; Northern Truck Equipment, Supplies, 25.00; P & W Golf Supply, Equipment, 2,374.28; Palisades Oil, Fuel, 3,421.65; Pepsi, GC Resale, 480.90; Performance Press, Supplies, 59.00; Pfeifer’s Implement Company, Inc., Equipment, 583.75; Phil Youngdale, Summer Rec Driver, 225.00; Pizza Ranch - East, GC Resale, 90.50; PrairieSons, Inc., Repairs, 2,703.07; PSI Powerwashers, Inc., Equipment, 1,695.00; Republic National Distributing Company, GC Resale, 519.90; Rural Office of Community Services, Inc., Transit, 12,658.68; SD Dept. of Health, Professional Services, 210.00; SD Dept. of Transportation, Professional Services, 2.03; SD Unemployment Insurance Division, Fees, 1,030.96; SD-DANR, Fees, 1,450.00; Sioux Falls Area Humane Society, Professional Services, 129.68; Sioux Valley Energy, Utilities, 43,105.31; Sirchie Finger Print Labs, Supplies, 60.30; Splitrock Landscaping & Nursery, Improvements, 1,200.00; Staples, Supplies, 646.34; Staples Enterprises, Inc., Fuel, 95.69; Summit Companies, Rental, 65.00; Sysco, GC Resale, 2,564.39; Titleist, GC Resale, 7,191.71; Turfline, Inc., Repairs, 310.52; Tyson Newton, Reimbursement, 156.95; Vanguard ID Systems, Supplies, 464.58; Verizon, Utilities, 491.99; Wellmark BC/BS, July Contribution, 61,447.77; Xcel Energy, Utilities, 3,115.61; Zabel Steel, Supplies, 57.10; Zimco Supply Co., Supplies, 1,650.00; US Bank, Lift Station Bond, 43,304.01; First National Bank, GC Equipment Loan, 1,124.98; Council, June 24, 2021 Payroll, 7,974.59; Mayor, June 24, 2021 Payroll, 1,017.60; City Administration, June 24, 2021 Payroll, 3,490.84; Planning & Zoning Board, June 24, 2021 Payroll, 886.56; Park Committee, June 24, 2021 Payroll, 369.40; Finance Office, June 24, 2021 Payroll, 4,450.68; Government Buildings, June 24, 2021 Payroll, 120.05; Engineer, June 24, 2021 Payroll, 3,087.96; Police, June 24, 2021 Payroll, 22,632.05; Building Inspections, June 24, 2021 Payroll, 3,389.39; Street Department, June 24, 2021 Payroll, 8,142.98; Recreation, June 24, 2021 Payroll, 3,584.22; Swimming Pool, June 24, 2021 Payroll, 16,374.63; Park Department, June 24, 2021 Payroll, 9,259.61; Economic Development, June 24, 2021 Payroll, 799.03; Water Department, June 24, 2021 Payroll, 443.28; Water Department, June 24, 2021 Payroll, 8,107.48; Sewer Department, June 24, 2021 Payroll, 3,080.02; Golf Course Grounds, June 24, 2021 Payroll, 8,934.77; Golf Course Lounge, June 24, 2021 Payroll, 5,348.56; Golf Course Pro Shop, June 24, 2021 Payroll, 6,449.88; Golf Course Community Room, June 24, 2021 Payroll, 1,335.55; 941 Payroll Taxes, June 24, 2021 Payroll, 31,898.17; Accounts Management, Inc, June 24, 2021 Payroll, 75.00; SDRS Supplemental Retirement, June 24, 2021 Payroll, 750.00; SD Retirement, June 24, 2021 Payroll, 23,207.40; TASC Flex Plan, June 24, 2021 Payroll, 976.87; 

Chuck Parsons, 600 N. Yellowstone Drive, was present representing the Brandon Development Foundation and asked for the City Council’s support of TIF #6 that is on the agenda.

Jesse Fonkert, Sioux Metro Growth Alliance, was present and asked for the City Council’s support of TIF #6 that is on the agenda.

ORDINANCE #633

Alderwoman Clark moved Alderwoman David seconded to give second reading to Ordinance #633: TITLE: AN ORDINANCE OF THE CITY OF BRANDON, SOUTH DAKOTA PROVIDING THAT THE REVISED ZONING ORDINANCE NUMBER 531 AND THE OFFICIAL ZONING MAP OF THE CITY OF BRANDON, SOUTH DAKOTA BE AMENDED TO PROVIDE FOR THE RE-ZONING OF THE FOLLOWING DESCRIBED PROPERTY.  A roll call vote showed Clark, David, Fish, Jorgenson, Kull, Parliament aye.  Motion carried.

MOU WITH SOCCER ASSOCIATION

The Golf Course Committee and Parks & Recreation Committee reports were heard.  Alderwoman Fish moved Alderwoman Clark seconded to approve the MOU between the City of Brandon and the Brandon Area Soccer Association, as presented.  Motion carried.

ASPEN PARK UTILITY IMPROVEMENTS PROJECT

Alderwoman Clark moved Alderman Parliament seconded to approve replacing the existing sewer as part of the Aspen Park roadway and utility improvements, at an additional cost of $32,610.61.  Motion carried.

ASPEN PARK ROADWAY OVERLAY PROPOSAL

Alderwoman Fish moved Alderman Parliament seconded to approve the estimate from Seal Pros, in the amount of $42,740.89, for the overlay of Aspen Park Road.  Motion carried.

REQUEST FOR ALCOHOL CONSUMPTION IN MCHARDY PARK

Alderwoman Clark moved Alderman Parliament seconded to approve the alcohol consumption permit application from Tami Jansma, for McHardy Park on July 14, 2021 from 7:00pm to 9:00pm.  Motion carried.

Police Chief Jamie Steffel gave an update on fireworks following the 4th of July weekend.

RESOLUTION #13-21 CREATION OF TIF DISTRICT #6

The Public Safety Committee and Administration Committee reports were heard.  Dennis Olson, 205 E. Seth Street, was present for discussion representing the Brandon Development Foundation.  Alderman Jorgenson moved Alderwoman Fish seconded to approve Resolution #13-21 for TIF #6 as presented.  Motion carried.

RESOLUTION #13-21

RESOLUTION PROVIDING FOR THE CREATION OF TAX INCREMENTAL DISTRICT NUMBER SIX, CITY OF BRANDON, SOUTH DAKOTA

WHEREAS, the City of Brandon Planning Commission has recommended the District Boundaries for Tax Incremental District Number Six, City of Brandon, South Dakota, and has recommended its creation; and

WHEREAS, the City Council, City of Brandon, South Dakota (the “City), has the powers, pursuant to SDCL § 11-9-5, to create Tax Incremental District Number Six, City of Brandon, South Dakota, and to define its boundaries.

NOW THEREFORE, IT IS HEREBY RESOLVED:

1. Authority and Declaration of Necessity.  City of Brandon, South Dakota, declares the necessity for the creation of Tax Incremental District Number Six, City of Brandon, South Dakota (hereinafter sometimes referred to as the “District”), pursuant to SDCL Chapter 11-9.  Further, the City finds that the improvement of the area within the District is likely to enhance significantly the value of substantially all of the real property in the District and is necessary for economic development within the City of Brandon and the State of South Dakota.

2. Findings.  The City Council makes the following findings with regard to economic development:

a. More than 50% of the property in the District by area will stimulate and develop the general economic welfare and prosperity of the City of Brandon and the State of South Dakota;

b. Improvements to the District will significantly and substantially enhance the value of all property within the District;

c. Development of the District will enhance sales tax revenue for the City of Brandon and the State of South Dakota;

d. Development of the District for commercial purposes will improve the quality of life for residents of the City of Brandon by providing more employment opportunities and generation of taxes for the City.

3. Findings of Maximum Percentage of Tax Incremental Districts.  The aggregate assessed value of the taxable property in the District, plus all other tax incremental districts does not exceed ten (10%) percent of the total assessed valuation of the City.

4. Creation of District.  There is hereby created, pursuant to SDCL Chapter 11-9, Tax Incremental District Number Six, City of Brandon, South Dakota.  The District is hereby created on the day this Resolution becomes effective which shall be twenty (20) days after publication of this Resolution. 

5. Designation of District Boundaries.  The District shall be located with the northern, southern, western, and eastern boundaries of the following described real property:

• Lots 2, 3 and 4A and 5, Block 2 of Corson Development Park Addition to the City of Brandon, Minnehaha County, South Dakota

6. Creation of Tax Incremental Fund.  There is hereby created, pursuant to SDCL 11-9-31, a Tax Incremental District Number Six Fund, which shall be a segregated asset account.  All tax increments collected pursuant to Tax Incremental District Number Six shall be deposited into the Tax Incremental District Number Six Fund.  All funds in the Tax Incremental District Number Six Fund shall be used solely for those purposes expressly stated and reasonably inferred in SDCL Chapter 11-9.

Passed and approved this 6th day of July, 2021.

CITY OF BRANDON 

Mayor

ATTEST:

Christiana Smith, Finance Officer

ENCORE PARK CONCEPT PLAN

Paul Hegg, Hegg Construction, was present for discussion.  Paul discussed their plans for a development on the west side of town consisting of general business, high density residential and light industrial uses.  Residents in the area are concerned with additional traffic from this proposed development.  This concept plan is for informational purposes only and requires no action at this time.  

ENCORE PARK TRANSPORTATION ECONOMIC DEV GRANT APPLICATION

Alderwoman Fish moved Alderwoman Clark seconded to approve the transportation economic development grant for the Encore Park development, being proposed on the west side of town, as presented.  Motion carried.

SET 2022 BUDGET WORK SESSION

A budget work session was set for Monday, July 12, 2021 at 5:30 p.m.

SALARY REVIEW AND ADJUSTMENT

The Streets Committee report was heard.  Alderwoman David moved Alderman Kull seconded to approve the annual salary adjustment for Brad Top, to step 10-16 on the wage scale, $26.85 per hour, effective July 18, 2021.  Motion carried.

2022 PROPOSED TRANSIT BUDGET

Alderman Kull moved Alderman Parliament seconded to approve the proposed transit budget for 2022.  Motion carried.

BIKE & PEDESTRIAN PLAN AGREEMENT WITH ULTEIG

Alderwoman Clark moved Alderman Parliament seconded to approve the agreement with Ulteig Engineers for the Brandon Bike and Pedestrian Plan, as presented.  Motion carried.

RAISE GRANT FUNDING AGREEEMENT WITH PARK/MAPLE PROJECT

Alderman Kull moved Alderman Parliament seconded to approve the RAISE grant funding agreement, as presented.  Motion carried.

RAISE GRANT LETTER OF SUPPORT

Alderman Kull moved Alderman Parliament seconded to approve the RAISE grant letter of support, as presented.  Motion carried.

REVIEW OF WATER USAGE: RESOLUTION #14-21

The Water & Sewer Committee report was heard.  Discussion held on amending the current resolution pertaining to water restrictions and violations.  Alderwoman Clark moved Alderwoman David seconded to approve Resolution #14-21, changing to “Fourth or more Offenses.”  A roll call vote showed Clark, David, Fish, Jorgenson, Kull, Parliament aye.  Motion carried.

RESOLUTION #14-21

RESOLUTION AMENDING WATER RESTRICTIONS & VIOLATIONS

WHEREAS, the City of Brandon operates a municipal water system to provide safe drinking water to residents and to provide adequate water supply for public safety needs; and

WHEREAS, 14-2-1 of the Brandon City Code authorizes the Brandon City Council to regulate the distribution and use of water supplied by the City of Brandon; and

WHEREAS, the Brandon City Council approved Resolution #13-17 on August 21, 2017 that regulates the watering of yards; and

WHEREAS, the Brandon Water Conservation Subcommittee and Brandon Water Advisory Board have recommended that the City establish a three-tiered system to regulate the watering of yards, consisting of Green, Yellow and Red designations with separate trigger points for each designation, and recommended consequence for violations; and

WHEREAS, the Brandon City Council approved Resolution #05-18 Establishing Water Restrictions and Violations.

NOW THEREFORE BE IT RESOLVED that Resolution #05-18 is repealed and the following three- tiered system to regulate outdoor watering of yards and grass is hereby established:

1. Green Designation: Watering is permitted only from 12:00 a.m. to 10:00 a.m. and from 6:00 p.m. to 11:59 p.m. with consumers having even numbered addresses watering on even numbered calendar dates and consumers with odd numbered addresses watering on odd numbered calendar dates.

Yellow Designation: Watering is permitted only from 12:00 a.m. to 10:00 a.m. and from 6:00 p.m. to 11:59 p.m. and on the address basis as follows: consumers having an address that ends:

In 0 or 1 on Mondays

In 2 or 3 on Tuesdays

In 4 or 5 on Wednesdays

In 6 or 7 on Thursdays

In 8 or 9 on Fridays.

A Yellow Designation is automatically in effect if the water treatment plant produces 1.6 million gallons of water per day for 5 consecutive days or if production reaches 2 million gallons for a single day. After a Yellow Designation is in effect, if water production is less than 1.6 million gallons per day for 5 consecutive days, then the designation shall change back to Green.

Red Designation: No watering of yards is permitted; Red Designation is automatically in effect when after a Yellow Designation the water treatment plant produces 1.6 million gallons per day for an additional 7 consecutive days or if production reaches 2 million gallons for a single day.  After a Red Designation is in effect, if water production is less than 1.6 million gallons per day for 5 consecutive days then the designation shall change back to Yellow. However, if the Red Designation is in effect for two times in a calendar year, then it shall stay in effect until September 15 of that year at which time it shall change to Green.

For purposes of the tiered system, the term “watering” is defined to mean distribution of water directly through an irrigation system, sprinkler system, hose or pipe and not a can, bucket or pail.

Pursuant to 14-2-6 of the Brandon City Code, the City’s Administrator may grant written exceptions to the watering restrictions.

BE IT FURTHER RESOLVED violations of these regulations are subject to the following surcharges in any calendar year:

First Offense:  Written warning place on the door

Second Offense: $150

Third Offense: $300

Fourth or more Offenses: Water shut-off

These surcharges shall be added to the violator’s water bill with notice provided by regular mail.

BE IT FURTHER RESOLVED that notice of the Designations shall be provided by the City through the City’s website, telephone system, text messaging system and legal newspaper(s).

Dated this 6th day of July, 2021.

Jim Heinitz, Mayor

ATTEST:

Christina Smith, Finance Officer

(SEAL)

SALARY REVIEW AND ADJUSTMENT

Alderwoman David moved Alderwoman Clark seconded to approve the annual salary adjustment for Mark Schmeling, to step 10-11 on the wage scale, $24.29 per hour, effective July 20, 2021.  Motion carried.

RO PILOT STUDY PROPOSAL

Information was presented on an RO pilot study proposal with SUEZ.  Ben Julson, AE2S, was present for discussion.  Alderwoman Fish moved Alderman Kull seconded to approve the RO pilot study proposal with SUEZ for $48,750.00.  A roll call vote showed Fish, Jorgenson, Kull, Parliament aye; Clark, David nay.  Motion carried.

WATER TOWER LOGO DISCUSSION

It was the consensus of the Council to go with the Brandon logo using the water drop, no water smarter below.  No formal action required at this time.

At 7:33 p.m. on a motion by Alderman Kull seconded by Alderwoman Clark the meeting was adjourned.  Motion carried.

Melissa Labahn

Municipal Recording Clerk

Jim Heinitz 

Mayor

Published four times at the approximate cost of $178.67

August 4, 2021

 

SUMMONS / COMPLAINT

______ Summons ______

STATE OF SOUTH DAKOTA

COUNTY OF Minnehaha

:SS 

IN CIRCUIT COURT

SECOND JUDICIAL CIRCUIT

Samuel Palaez, Plaintiff, 

Vs. 

Marina Florez Nunez, Defendant

DIV 19-575

SUMMONS 

(WITHOUT MINOR CHILDREN)

TO THE ABOVE-NAMED DEFENDANT:

YOU ARE HEREBY SUMMONED and required to answer the Complaint (Without Minor Children) of the Plaintiff, a copy of which is herewith served upon you, and to serve the Plaintiff with a copy of your Answer or other proper response within thirty (30) days from the date of the service of the Summons upon you, exclusive of the day of service. 

IF YOU FAIL TO DO SO, judgment by default may be taken against you for the relief demanded in the Complaint sixty (60) days from the date of the services of this Summons and Complaint (Without Minor Children), not counting the day of service.

NOTICE

South Dakota law provides that upon the filing and service of the Summons and Complaint (Without Minor Children) on the Defendant, a Temporary Restraining Order shall be in effect against both parties until the final decree is entered, the Complaint (Without Minor Children) is dismissed or until further order of the court. Either party may apply to the Court for further temporary orders or modification or revocation of this Order. 

TEMPORARY RESTRAINING ORDER

PER SDCL 25-4-33.1, BY ORDER OF COURT, YOU AND YOUR SPOUSE ARE:

(1) Restrained from transferring, encumbering, concealing or in any way dissipating or disposing of any marital assets, without the written consent of the other party or an order of the Court, except as may be necessary in the usual course of business or for the necessities of life. You are to notify the other party of any proposed extraordinary expenditures and to account to the Court for all extraordinary expenditures made after the Temporary Restraining Order is in effect;

(2) Restrained from molesting or disturbing the peace of the other party; 

(3) Restrained from making changes to any insurances coverage for the parties or any child of the parties without the written consent of the other party or an order of the court unless the change under the applicable insurance coverage increases the benefits, adds additional property, persons, or perils to be covered, or is required by the insurer.

IF EITHER SPOUSE VIOLATES ANY OF THESE PROVISIONS, THAT SPOUSE MAY BE FOUND TO BE IN CONTEMPT OF COURT AND MAY BE ORDERED TO PAY COSTS AND EXPENSES, INCLUDING BUT NOT LIMITED TO THE ATTORNEY FEES OF THE OTHER SPOUSE.

Dated this 22 day of October, 2019

Plaintiff’s Signature

Samuel Palaez

Print Plaintiff’s Name

1027 E. 8th Street

Mailing Address

Sioux Falls, SD 57103

City, State, Zip

Telephone Number

Published four times at the total approximate cost of $119.12

August 4, 11, 18 & 25, 2021

 

______ complaint ______

STATE OF SOUTH DAKOTA

COUNTY OF Minnehaha

:SS

IN CIRCUIT COURT

SECOND JUDICIAL CIRCUIT

Samuel Palaez, Plaintiff,

Vs.

Marina Florez Nunez, Defendant

DIV 19-575

COMPLAINT (WIHTOUT MINOR CHILDREN)

1. Plaintiff’s full legal name is Samuel Palaez and his date of birth is 7/28/1956.

2. Plaintiff is a resident of Minnehaha County, State of SD.

3. Defendant’s full legal name is Marina Florez Nunez and her date of birth is 1/1/1962

4. Defendant is a resident of Mexico.

5. Plaintiff and Defendant were married on 6/23/2018 (date) in Sioux Falls, SD (city and state). If the parties are living apart, the date upon which they began to do so is 9/1/2018.

6. Is Plaintiff an active duty member of the armed forces? Yes _____ No __X__

Is Defendant an active duty member of the armed forces? Yes____ No__X__

7. Irreconcilable differences have arisen between the Plaintiff and Defendant which necessitates the dissolution of the marriage. Alternatively further grounds for dissolution of marriage exist under SDCL 25-4-2, subsection: (3) Willful desertion;

8. We do not have any children which have been born to or adopted by the parties. Neither spouse is currently pregnant.

9. The parities have accumulated property and/or debts during the course of the marriage which must be equitably divided. Yes____ No__X__

10. Plaintiff seeks spousal support (alimony). Yes____ No__X__

WHEREFORE, Plaintiff prays for Judgment as follows:

1. For a Judgement and Decree of Divorce dissolving the marriage of the parties;

2. For an equitable division of the marital property and debts;

3. That _______ last name be restored to: ____. Date of birth: ____;

4. For alimony, if requested above; and

5. For such other and further relief as may be equitable and just.

Dated this 22 day of October, 2019.

Plaintiff’s Signature

Samuel Palaez

Print Plaintiff’s name

1027 E. 8th Street

Mailing Address

Sioux Falls, SD 57103

City/State/Zip

Phone Number

VERIFICATION

STATE OF SOUTH DAKOTA

:SS

COUNTY OF Minnehaha

Plaintiff, being first duly sworn, deposes and states that he or she verifies the facts expressed within the Complaint (Without Minor Children) are true: 

Dated 10-22, 2019

Plaintiff’s Signature

Subscribed and sworn to before me this 22nd day of October 2019

Notary Public/Clerk of Courts

If Notary, my commission expires: 10-01-2020

Published four times at the total approximate cost of $111.76

August 4, 11, 18 & 25, 2021

Minnehaha County

____ Fact of Adoption ____

An ordinance for prohibiting the consumption and/or smoking of cannabis in public places. 

The Minnehaha County Board of Commissioners adopted Ordinance MC58-21 on July 27, 2021. This ordinance is enacted under the authority if SDCL 7-8-33 and SDCL Chapter 34-20G. 

The entire ordinance is on file in the office of the County Auditor and available for inspection during regular business hours.

Published twice at the total approximate cost of $9.82.

August 4 & 11, 2021

 

____ Notice of Hearing ____

Notice is hereby given that at a joint meeting of the Minnehaha County Planning Commission will be held at 7:00 p.m. on August 23, 2021 in the Commission Room of the County Administration Building, 415 N Dakota Ave., Sioux Falls, SD., there will be a public hearing to consider the following amendments to the 1990 Revised Joint Zoning Ordinance for Minnehaha County.  

ZONING TEXT AMENDMENTS related to the following:

Article 6.03 – C Commercial District – to add Medical cannabis dispensary as a permitted special use

Article 7.03 – I1 Light Industrial District – to add Medical cannabis dispensary as a permitted special use

Article 26.02 – Definitions – to add a definition of Medical Cannabis Dispensary or Dispensary

All interested persons may appear and be heard.

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 once at the total approximate cost of $10.75.

Dated: July 28, 2021

August 5, 2021

 

____ Notice of Hearing ____

Notice is hereby given that at a joint meeting of the Minnehaha County and Dell Rapids Planning Commissions will be held at 7:00 p.m. on August 23, 2021 in the Commission Room of the County Administration Building, 415 N Dakota Ave., Sioux Falls, SD., there will be a public hearing to consider the following amendments to the 2001 Revised Joint Zoning Ordinance for Minnehaha County and the City of Dell Rapids.  

ZONING TEXT AMENDMENTS related to the following:

Article 6.03 – C Commercial District – to add Medical cannabis dispensary as a permitted special use

Article 7.03 – I1 Light Industrial District – to add Medical cannabis dispensary as a permitted special use

Article 26.02 – Definitions – to add a definition of Medical Cannabis Dispensary or Dispensary

All interested persons may appear and be heard.

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 once at the total approximate cost of $11.05.

Dated: July 28, 2021

August 5, 2021

 

____ Notice of Hearing ____

Notice is hereby given that at a joint meeting of the Minnehaha County and Sioux Falls Planning Commissions will be held at 7:00 p.m. on August 23, 2021 in the Commission Room of the County Administration Building, 415 N Dakota Ave., Sioux Falls, SD., there will be a public hearing to consider the following amendments to the Revised Joint Zoning Ordinance for Minnehaha County and the City of Sioux Falls.  

ZONING TEXT AMENDMENTS related to the following:

Article 9.03 – C Commercial District – to add Medical cannabis dispensary as a permitted special use

Article 11.03 – I1 Light Industrial District – to add Medical cannabis dispensary as a permitted special use

Article 24.02 – Definitions – to add a definition of Medical Cannabis Dispensary or Dispensary

All interested persons may appear and be heard.

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 once at the total approximate cost of $11.05.

Dated: July 28, 2021

August 5, 2021

 

 

___ Notice of meeting ___

_____ and election _____

Proposed Evergreen Acres Road District

A Meeting and Election will be held on August 17, 2021, at 7:00 p.m. to determine if the proposed Evergreen Acres Road District shall be formed. If the district is formed by this election, nomination and election of a board of trustees will take place at the meeting.

Pursuant to SDCL 31-12A-1.2, only persons or public corporations that are landowners of land located within the proposed or existing road district are eligible to vote.

The meeting and election will begin at 7:00 p.m. and continue until all present have voted.

The meeting and election will be held at 1201 East Old Hickory Street, Sioux Falls, SD.

The area to be included in the proposed district is: Evergreens Acres Addition in the Southwest Quarter (SW ¼) of Section 22, Township 102 North, Range 49 West of the 5th P.M., Minnehaha County, South Dakota, according to the recorded plats thereof is hereby established as the boundaries of the Evergreen Acres Road District.

Voters with disabilities may contact the county auditor for information and special assistance in absentee voting or polling place accessibility.

Bennett L Kyte, Minnehaha County Auditor

Published at the approximate cost of $25.18

August 4 & 11, 2021

 

 

_________ Minutes _________

THE MINNEHAHA COUNTY COMMISSION CONVENED AT 9:00 A.M. July 27, 2021, pursuant to adjournment on July 20, 2021. Commissioners present were: Barth, Bender, Beninga, and Karsky. Also present were Madison Roberts, Deputy Auditor, and Eric Bogue, Chief Civil Deputy State’s Attorney.  

MOTION by Bender, seconded by Barth to approve agenda. 4 ayes. 

MOTION by Bender, seconded by Beninga to approve July 20, 2021 special commission meeting minutes. 4 ayes. 

MOTION by Bender, seconded by Beninga to amend the published regular commission meeting minutes from July 20, 2021. 4 ayes. 

MOTION by Bender, seconded by Beninga to authorize Auditor to publish the July 20, 2021 regular commission meeting minutes. 4 ayes. 

VOUCHERS TO BE PAID

MOTION by Barth, seconded by Beninga, to approve the following bills totaling $906,369.01. 4 ayes. 

A&B Business Solut Lease-Rental Agmt 394.56, A&B Business Solut MaintContracts 251.16, Adam Apts Llc  Welfare Rent 500, Advanced Pest Soluti MaintContracts 70, Affordable Housing S Welfare Rent 606, Airway Svc Inc Auto/Small Equip 401.76, Airway Svc Inc Gas Oil & Diesel 88.44, Anderson, Jennifer Bd evals (Minnehaha) 4271.6, Appeara Program Activities 56.21, Argil Hunter Sign Deposits 50.00, Argus Leader - Subsc Subscriptions 28.28, Argus Leader Media Publishing Fees 1405.81, Avera Mckennan Attorney Fees 1250.00, Avera Mckennan Hospitals 5096.00, Avera Mckennan Professional Svcs 155.13, Blue Dyno Llc Welfare Rent 500.00, Bob Barker Company I Inmate Sup 767.43, Boswell, Denny Welfare Rent 700.00, Boyer Ford Trucks In Auto/Small Equip 81.51, Brandon Valley Journ Publishing Fees 1002.77, Braun, Mason Investigators Expenses 393.12, Brian B Schmidt Sign Deposits 50.00, Burns, Jason Investigators Expenses 76.02, Butler Machinery Com Heavy Equip Repairs & Maint 87.18, Carla Dirkson Business Travel 34.00, Century Business Pro MaintContracts 129.32, Centurylink Telephone 58.79, Centurylink Long Dis Telephone 45.63, Certified Languages Interpreters 74.25, Chagolla, Albert Interpreters 251.65, Constellation Natural Gas 7827.24, Construction Product Auto/Small Equip 365.00, Construction Product Bridge Repair & Maintenance 562.50, Construction Supply Auto/Small Equip 16.12, Construction Supply Parts Inventory 18.45, Construction Supply Road Maint & Material 414.00, Cpi/Guardian Inmate Sup 2515.00, Dakota Fluid Power I Gas Oil & Diesel 336.44, Dallas Davis Business Travel 326.00, Dalsin Inc Repair/Renovations 1352.50, Darin Gonsor Business Travel 326.00, Dean Schaefer Court Court Reporters 318.00, Dell Marketing Lp Data Processing Sup 278.00, Dematteo Law Firm Attorney Fees 297.00, Denherder Law Office Attorney Fees 227.70, Dennis Supply Co Sf JDC Maint 640.97, Dublin Square Apartm Welfare Rent 500.00, Dufault, Helena Bd evals (Minnehaha) 270.00, Dust Tex Svc Inc Janitorial Chemical Sup 20.30, Eh Hospitality Llc Motels 725.00, Election Systems & S Software/Licensing 29874.38, Empire Toner Data Processing Sup 63.99, Etc For Her Magazine Program Activities 495.00, Etterman Enterprises Small Tools & Shop Sup 410.94, Fastenal Company Jail Repairs & Maint 128.17, Ferguson Enterp Inc Heat, Vent & AC Repairs 213.54, First Dakota Title L Professional Svcs 50.00, First Rate Excavate Contracted Construction   211479.67, Foster, Glenn Education & Training 80.00, Franz Data Processing Equip 2500.00, Franz Data Processing Sup  914.06, Gaylord Bros Inc Program Activities 571.68, Graham Tire Co North Auto/Small Equip 300.00, Grainger Grounds & Parking Repair   51.48, Grainger Jail Repairs & Maintenance 166.45, Grainger Small Tools & Shop Sup 70.08, Guzman, Sandra V Interpreters 75.00, H2Ose It Car Wash Truck Repairs & Maint 45.05, Horn Law Office Attorney Fees 227.70, Hov Svcs Inc Microfilming 708.46, Hyvee Accounts Recei Pharmacies 1041.75, Hyvee Accounts Recei Program Activities 334.39, Innovative Office So Office Sup 26.72, Intek Coliseum 758.54, Intek Contract Svcs 1405.95, Interstate Office Pr Office Sup 49.35, Is Restaurant Equip Jail Repairs & Maint 1277.88, Isg Architect, Engineers, and PMgt 112394.67, Isi Llc Interpreters 80.00, Jcl Solutions Inmate Sup 1028.70, Jcl Solutions Janitorial Chemical Sup 241.08, Jcl Solutions Kitchen/Cleaning Sup  1201.76, Je Dunn Construction Construction Costs 754.00, Jeanne Rivera Business Travel 34.00, Jeff Larson Law Pc Attorney Fees 1088.15, Jefferson County She Return Of Svc 47.50, Jefferson Partners L Transportation 1332.50, Jessica Sprecher Business Travel 34.00, Jim Bork Enterprises Printing/Forms 639.50, Jlg Architects Administration Bldg 33630.73, Jlg Architects Architect, Engineers, and PMgt 33630.73, Joseph Maeschen Taxable Meal Allowances  48.00, Katterhagen, Mark Bd Exp Fees (Yankton) 42.00, Kauffman, David W Ph Psych Evals 2000.00, Kennedy, Renee S Court Reporters 1064.00, Knecht, Andrew J Attorney Fees 98.00, Kyra Enterprises Llc Motels 625.00, Lacey Rentals Inc Lease-Rental Agmt 115.00, Lewis & Clark Behavi Bd evals (Yankton)  1840.00, Lewno Law Office Bd Exp Fees (Yankton) 489.53, Lockwood & Zahrbock  Attorney Fees 836.41, Lockwood, Darcy Bd Exp Fees (Yankton) 42.00, Loving, Philip Bd evals (Minnehaha) 1952.53, Lundquist, Elizabeth Court Reporters 19.00, Medstar Paramedic In Transportation 1600.00, Menard Inc Park & Recreation Material 188.73, Metro Comms Misc Expense 195144.45, Midamerican Energy C Natural Gas 28.37, Midamerican Energy C Welfare Utilities 316.55, Midcontinent Communi Amounts Held For Others  212.00, Midstates Equip Road Material Inventory 38240.86, Midwestern Mechanica Plumbing & Welding 166.04, Multicultural Center Interpreters 55.00, Napa Auto Parts Auto/Small Equip 22.20, Napa Auto Parts Small Tools & Shop Sup 75.80, North American Truck Parts Inventory 62.15, Northeast Investment Welfare Rent 800.00, Nybergs Ace Hardware Building Repairs & Maintenance 6.64, Osborn, Roxane R Court Reporters 32.50, Pegasus Of Sd Welfare Rent 500.00, Phoenix Supply Llc Inmate Sup 1619.40, Pioneer Enterprises Burials 5000.00, Prestox Outside Repair 261.00, Prestox Professional Svcs 61.00, R&L Supply Ltd Jail Repairs & Maintenance 33.01, Riverview Park Ltd Welfare Rent 25.00, Ruano, Mel Welfare Rent 500.00, Salem, Karla R Bd evals (Minnehaha) 2805.00, Sanford Other Medical Svcs   198.75, Sanford Clinic Professional Svcs 79.98, Sanford Healthcare Medical Equip 500.00, Schiltz, Ann C Bd Exp Fees (Minnehaha)  48.00, Schmuck, Jan Bd Exp Fees (Minnehaha) 120.00, Schulte Auto I Auto/Small Equip 189.95, Schuster, Paul Investigators Expenses   24.36, Sf Specialty Hospita Insurance-Other Costs 261.00, Sf Specialty Hospita Professional Svcs 915.00, Sf Specialty Hospita Recruitment 1220.00, Short Elliott Hendri Architects & Engineers 15910.28, Silverthorne Apartme Welfare Rent 800.00, Sioux Equip Co I Gas Oil & Diesel 328.72, Sioux Falls City Electricity 15665.10, Sioux Falls City Water - Sewer 22518.59, State Of South Dakot Amts Held-Daily Scram 3133.00, State Of South Dakot Amts Held-Remote Breath 925.00, State Of South Dakot Data Comms 255.00, State Of South Dakot Outside Repair 6.30, State Of South Dakot Professional Svcs 259.50, State Of South Dakot Recruitment 43.25, State Of South Dakot Telephone 502.50, Streichers Inc JAG Grant 2020 1909.88, Summit Fire Protecti Safety & Rescue Equip 50.40, Summit Food Svc Child Care Food 797.05, Summit Food Svc Inmate Sup 145.55, Summit Food Svc School Lunch Program 1190.17, Tegra Group Inc Architect, Engineers, and PMgt 8400.00, Terrones, Jared Investigators Expenses  8.40, Tires Tires Tires In Truck Repairs & Maint 41.55, Trana, John Business Travel 21.42, Trana, John Taxable Meal Allowances 14.00, Triangle Properties Welfare Rent 700.00, Tri-State Nursing Professional Svcs 1102.50, Tschetter & Adams La Attorney Fees 913.96, Tschetter & Adams La Child Defense Attorney 450.22, Two Way Solutions In Comm Equip Repair 235.97, Tzadik Sioux Falls I Welfare Rent 500.00, Tzadik Sioux Falls P Welfare Rent 667.00, United Tactical Syst Safety & Rescue Equip 280.00, Us Foods Inc Other Sup 186.49, Us Foods Inc Professional Svcs 1399.06, V2 Llc Welfare Rent 647.00, Valley Springs City Welfare Utilities 173.50, Ver Beek, Kelsey Bd Exp Fees (Minnehaha) 5184.15, Victoria Estate Limi Welfare Rent 800.00, Vogel Motors Llc Auto/Small Equip 42.00, Vogel Motors Llc Gas Oil & Diesel 40.00, Wagner, Heidi Bd evals (Minnehaha) 220.00, Walter, Max Attorney Fees 1866.25, West Creek Woods Apt Welfare Rent 346.00, Xcel Energy Electricity 76148.65, Xcel Energy Inc Welfare Utilities 1186.00, Xigent Solutions Llc Consultants 4100.00, Yankton County Return Of Svc 100.00, 

REPORTS

a) Register of Deeds statements of revenue for April, May, and June 2021

b) Auditors account with the county Treasurer for May 2021

c) Human Services 2021 2nd quarter reports for Minnehaha & Lincoln Counties and One Sioux Falls 

d) Minnehaha County Regional Juvenile Detention Center Report for June 2021

e) Minnehaha County Regional Juvenile Detention Center 2nd quartet report for 2021

f) Minnehaha County 2021 2nd quarter EMS report 

MOTION by Barth, seconded by Beninga to approve the following personnel actions. 4 ayes 

PERSONNEL

New Hires

1. Becky Desens, Senior Property Technician for the Equalization Office, at $19.37/hour (12/2) effective 7/28/2021.

2. Ryan Alexander, Juvenile Correctional Officer I for the Juvenile Detention Center, at $18.89/hour (12/1) effective 7/26/2021.

3. Melissa Brown, Tax and License Technician for the Treasurer’s Office, at $17.13/hour (10/1) effective 7/28/2021.

4. James Geiszler, Tax and License Technician for the Treasurer’s Office, at $17.13/hour (10/1) effective 7/28/2021.

5. Patrick Connors, Deputy Public Defender for the Public Defender’s Office, at $2,735.20/biweekly (22/1) effective 8/2/2021.

6. Alyce Widrig, variable hour Safe Home Program Worker for Safe Home, at $15.50/hour effective 7/29/2021.

Step Increases

1. Francis Konechne, Fleet Supervisor for the Highway Department, at $33.34/hour (18/12) effective 7/31/2021.

2. Christopher Butcher, Sergeant for the Jail, at $37.73/hour (20/13) effective 7/13/2021.

3. Brittani Crawford, Juvenile Correctional Officer I for the Juvenile Detention Center, at $23.60/hour (12/10) effective 7/14/2021.

4. Kylie Beck, Deputy Public Defender for the Public Defender’s Office, at $2,802.40/biweekly (22/2) effective 8/3/2021.

5. Alexander Braun, Deputy Public Defender for the Public Defender’s Office, at $2,802.40/biweekly (22/2) effective 8/3/2021.

6. Kari Gackle, Legal Office Assistant for the State’s Attorney’s Office, at $24.18/hour (10/15) effective 7/10/2021.

7. Judith Wehrkamp, Senior Deputy State’s Attorney for the State’s Attorney Office, at $3,959.20/biweekly (22/16) effective 7/1/2021.

8. Lori Ehlers, Senior Trial Attorney for the State’s Attorney’s Office, at $3,588.00/biweekly (23/8) effective 6/14/2021.

9. Matthew Hollins, Tax and License Technician for the Treasurer’s Office, at $17.98/hour (10/3) effective 7/15/2021.

NOTICE AND REQUESTS

a) Notice of Disinterment Permit issued by the South Dakota Department of Health for the remains of Daniel Bucholz

LIEN COMPROMISE

Melinda Storley, Commission Assistant, gave a briefing on an application for a compromise of lien for DPNO 40671 in the amount of $21,278.91 and DPNO 75408 in the amount of $690.00. The Petitioners are asking the commission consider the circumstances effecting their ability to make payment on each of the liens. The financial information within the application, lists $53,699.04 of net income, assets of $4,716.35 and liabilities totaling $131,009.79. Their two most recent pay checks show combined earnings of $5,037.24, they also offer a breakdown of their monthly expenses for your review. The 2020 joint Income Taxes indicate wages of $39,104.0 with no refund. MOTION by Barth, seconded by Bender, to approve Resolution MC21-41. By roll call vote: 4 ayes.

RESOLUTION MC21-41

WHEREAS, a County Aid Lien in the amount of $21,278.91 and $690.00, purports to exist in favor of Minnehaha County and against DPNO 40671 and DPNO 75408 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:

Compromise and release both liens in full with a payment of $10,000.00

If payment is not made within one year of approval, this agreement is null and void. 

Dated this day of July 27th, 2021,

APPROVED BY THE COMMISSION:

Dean Karsky

Chair

ATTEST:

Madison Roberts

Deputy Auditor

Melinda Storley, Commission Assistant, gave a briefing on an application for a compromise of lien for DPNO 88470 in the amount of $5,782.80. The Petitioner originally came before the commission to have the lien compromised in full with no payment on October 27, 2015. His request was denied with a recommendation from Commissioner Barth to make small payments over a period of time. He comes now with the same position he held in 2015 regarding payment, but did pay $60.00 over this last month. He states that he has recently divorced and is needing to have the lien released in order to allow his ex-wife who has all rights, title and interest in the real property to refinance the home. Upon refinancing the Petitioner is to receive $66,773.37 to equalize the division of property at the time of closing if he is able to remove the lien from the real property, if not he will receive $63,852.37. Hence, the urgency to have the lien compromised. However, he is not asking that the property be released from the lien. He is asking for the lien to be released in full. The financial information within the application, lists assets of $288,969 and liabilities totaling $120,381. He is self-employed and only provided a bank statement showing one month of transactions totaling $1,526.83. The 2020 joint Income Taxes shows an income of $45,123 with a refund of $8,921.00. He was not able to provide a copy of a signed divorce or signed stipulation agreement. There is also no refinancing transaction pending at this time because of the lien. He has not Quit Claimed his interest in the real property. MOTION by Bender, seconded by Beninga to approve Resolution MC21-42. By roll call vote: 4 ayes.

RESOLUTION 21-42

WHEREAS, a County Aid Lien in the amount of $5,782.80, purports to exist in favor of Minnehaha County and against DPNO 88470 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:

Compromise and release the lien in full upon payment of $2,901.00

If payment is not made within one year of approval, this agreement is null and void.

Dated this day of July 27th, 2021

APPROVED BY THE COMMISSION:

Dean Karsky

Chair

ATTEST:

Madison Roberts

Deputy Auditor

PUBLIC HEARING 

Kevin Hoekman, Planner, was present for the scheduled hearing on a complaint on the property legally described as Tract 1, Gaddis Addition, Section 18-T101N-R50W Wayne Township, a Public Nuisance.  

Chairmen Karsky asked for proponents and opponents to speak on the public nuisance complaint. 

PROPONENTS

Proponent, Amber Hovert, spoke to the commission about her concerns of varmints and old/abandoned cars without license plates. 

Commissioner Barth addressed proponent, Amber Hovert, of the progress she has seen on this property. She stated the vehicles that were taken off the property went across the road to a different property. 

OPPONENTS 

Opponent, Dawn Dede, spoke to the commission about her husbands passing in 2018. She addressed the issue of the abandoned cars and trailers stating they had been removed with the help of Terry Garner. She addressed a concern that happened in May of 2021 about a car that was sitting in her tree strip and having to call law enforcement. 

Commissioner Barth addressed opponent, Dawn Dede about the metal objects on her property and car crushing companies that will pay for the cars, varmint concerns, and giving the opponent more time to clean up the property.

Commissioner Bender addressed opponent, Dawn Dede about the cars on her property. 

 Opponent, Terry Garner spoke to the commission about helping Dawn Dede to remove the items from her property He stated that he rents the house across the street from this property. 

Commissioner Bender addressed the issue to the opponents on the boat and trailer that is on her property and questioned if they were licensed. 

PROPONENT REBUTTAL 

Proponent rebuttal, Amber Hovert spoke to the commission addressing issues about the items still sitting on the property and hadn’t been removed, pen for the animals that went into their property line, and concerns on licensing. 

Commissioner Barth addressed the commissioners on the progress that they have made on cleaning up the property. 

Chairmen Karsky asked Kevin Hoekman, Planner, if this property is zoned agricultural. Kevin Hoekman addressed Chairmen Karsky, stating that it is zoned agricultural. Commissioner Karsky also addressed the issue of non-licensed vehicle laws that Minnehaha County has in place, which is having them in an enclosed structure. 

MOTION by Barth, seconded by Bender to defer until after September 8th for a progress report from planning and zoning to remove unlicensed and abandoned vehicles on property. By roll call vote: 4 ayes. 

Kevin Hoekman, Planner, was present for the scheduled hearing on a complaint on the property legally described as Proposed Tract 1 Gaddis Addition, Section 18-7101N-R50W. 

Commissioner Barth and Chairmen Karsky addressed Kevin Hoekman, Planner, about a conditional use permit to operate a business on this property and asking about violation of a zoning ordinance. 

PROPONENTS 

Proponent, Amber Hovert, spoke to the commission on this issue stating this property is in worse condition than the previous property, varmint issues, old and abandoned vehicles. 

OPPONENTS 

Opponent, Scott Van Ginkel, representing the family of Terry Garner. He asked Terry Garner to come and speak on this property. 

Opponent, Terry Garner, spoke on the concerns of this property, the progress on the property, his scrap metal business, and the licensing of the abandoned cars. 

Chairmen Karsky asked opponent, Terry Garner, if he was conducting a business on this property. The opponent answered the question stating he wasn’t, but the business sometimes overflows onto the property.

Opponent, Terry Garner, spoke on the possibility of the property going up for sale.

Commissioner Barth addressed the question of having livestock or planting crops. 

Opponent, Scott Van Ginkel, spoke to the commission on the plan to clean up the property and the possibility of the property being sold. 

MOTION by Barth, seconded by Beninga to defer until October 29th, 2021 and completely clean up the old and abandoned vehicles. By roll call vote: 4 ayes. 

REGULAR BUSINESS 

Ben Kyte, Auditor, presented the FY2022 Provisional Budget in the amount of $104,193,600. The provisional budget includes $72,815,803 in the General Fund, $14,412,197 in the Highway Fund, $6,482,043 in the Building Fund, $4,564,354in the Debt Service Fund, and a General Fund cash applied amount of $6,905,537. No additional opt-out will be utilized. A 15% increase was budgeted for health insurance premiums. A matrix adjustment of 2.5% was included for non-elected personnel. Four new positions were approved: one Deputy Public Defender, two positions in the State’s Attorney’s Office and one Appraiser in training within Equalization. A public hearing on the proposed FY2022 budget will be held during the Minnehaha County Commission meeting at 9:00 a.m., Tuesday, September 7, 2021. MOTION by Bender, seconded by Beninga, to approve the FY2022 Provisional Budget and Adoption Resolution MC21-43. By roll call vote: 4 ayes. (The Provisional Budget and Adoption Resolution MC20-55 will be published in the County’s legal newspapers with these minutes).

Lori Montis, Assistant Director Human Services, presented to commission about a budget reduction and a request to authorize returning the remaining $33,093.38 of the One Sioux Falls Budget Supplement Funds to the Sioux Falls Area Community Foundation. MOTION by Beninga, seconded by Bender to approve the motion of a budget reduction and authorize the return of the remaining $33,093.38. Commissioner Barth was not present to vote. By roll call vote: 3 ayes. 

Bill Hoskins, Museum Director, briefed commissioners for public input on proposed nominations by the State Historical Society Board of Trustees of two properties, Elmer and Minnie Eggers Barn, 47669 257th St Renner vicinity, Minnehaha County, SD and Ole E Fauske House, 26003 482nd Ave, Corson, Minnehaha County, SD. 

Shannon Schultz, Assistant Highway Superintendent, presented a resolution to the commission to authorize the Highway Department to submit applications to the South Dakota Department of Transportation for the 2022 bridge improvement Grant Funds. The structures that would be considered for the award are as follows Structure No. 50-216-015, Structure No. 50-219-015, Structure No. 50-273-090, and Structure No. 50-330-159. MOTION by Bender, seconded by Barth to approve Resolution 21-40 to allow the Highway Department to submit applications to the South Dakota Department of Transportation. By roll call vote: 4 ayes. 

RESOLUTION MC21-40

WHEREAS, Minnehaha County wishes to submit applications for consideration of award for the following structures under the Bridge Improvement Grant Program: 

Structure No. 50-216-015 Over a tributary to the Big Sioux River Located 1.2 miles east and 0.2 miles north of Dell Rapids, SD 

Structure No. 50-219-015 Over a tributary to the Big Sioux River Located 1.5 miles east and 0.2 miles north of Dell Rapids, SD 

Structure No. 50-273-090 Over a tributary to West Pipestone Creek Located 3. 7 miles west of Garretson, SD 

Structure No. 50-330-159 Over a tributary to Beaver Creek Located 2.1 miles north of Valley Springs, SD 

WHEREAS, Minnehaha County certifies that the project(s) are listed in the county’s Five-Year County Highway and Bridge Improvement Plan; and, WHEREAS, Minnehaha County agrees to pay the 20% match on the Bridge Improvement Grant funds; and, 

WHEREAS, Minnehaha County hereby authorizes the Bridge Improvement Grant application(s) and any required funding commitments. 

NOW THEREFORE BE IT RESOLVED that the South Dakota Department of Transportation be and hereby is requested to accept the attached Bridge Improvement Grant application(s).

Dated this day of July 27th, 2021,

APPROVED BY THE COMMISSION:

Dean Karsky

Chair

ATTEST:

Madison Roberts

Deputy Auditor

Mike Mattson, Jail Warden, presented to the commission on an agreement between Minnehaha County and Summit Food Service, LLC for comprehensive Institutional Food Service and Technology Services for the County Jail. He addressed the commission on the length of time spent on reviewing the agreement and in-depth revisions he and State’s Attorney, Drew DeGroot completed on this contract. MOTION by Barth, seconded by Bender to approve the Agreement between Minnehaha County and Summit Food Service, LLC. By roll call vote: 4 ayes. 

Jamie Gravett, JDC Director, briefed the commission on Amendment #4 to the Summit Food Service, LLC Agreement under the Federal Student Lunch Program for the Juvenile Detention Center. He said this was the 4th and final renewal of this contract and it will have to go out for RFP next year. MOTION by Beninga, seconded by Barth to approve and authorize the Chair to sign Amendment #4 to the Summit Food Service, LLC Agreement. By roll call vote: 4 ayes. 

Al Murra, Short Elliott Hendrickson Inc, briefed the Commission on Highway 130 Corridor Study final report. The main concerns of this report were the safety and increase in traffic on this Highway. 

Carol Muller, Commission Administrative Officer, presented four resolutions for the upcoming 2022 Session of the South Dakota Legislature.  The first resolution is supporting efforts to provide diversion services for youth and adults. The second resolution is supporting to prohibit the Juvenile Detention Center facilities to be sued to hold a minor who meets the criteria of SDCL 27A-15-20 for involuntary commitment. The third resolution is supporting the review of the housing valuation for the elderly and disabled tax property tax freeze. The fourth resolution is supporting lower local costs associated with expanding Water and Wastewater Infrastructure. The resolutions were drafted after input was provided at inter-governmental meetings with the Cities of Sioux Falls, Brandon, Dell Rapids, and Harrisburg. MOTION by Barth ,seconded by Beninga, to approve Resolution MC21-36, MC21-37, MC21-38, and MC21-39 to be submitted to the South Dakota Association of Counties (SDACC) for addition to the SDACC platform. By roll call vote: 4 ayes.

RESOLUTION MC21-36

SUPPORTING EFFORTS TO PROVIDE DIVERSION SERVICES FOR YOUTH AND ADULTS 

WHERAS, involvement for youth and adults with the criminal justice systems when crimes are low-level and non-violent can increase future chances of involvement with the criminal justice system; 

WHEREAS, evidence-based diversion programs and services have successfully diverted youth and adults from the criminal justice system; 

WHEREAS, diversion programs are not available in all areas of the state, nor do counties have adequate resources to fund diversion programs; 

THEREFORE BE IT RESOLVED, by the Minnehaha County Commission to support legislation that would provide diversion services for youth and adults, diverting low-level offenders to community services and case management, reducing unnecessary incarceration and justice system involvement while successfully reducing the criminal behavior of participants in diversion. 

SUPPORTING CRITERIA Justification for the resolution: It is often more appropriate to provide evidence-based responses to lowlevel law-breaking behavior that emphasize accountability and connect participants and social services to reduce the probability of future offending. Counties affected by the resolution: All counties Impact of the resolution: Youth and adults who successfully complete diversion programs are often diverted from formal case processing, along with diversion from incarceration and the collateral consequences of justice-involvement, creating a reduction in future criminal behavior. 

Dates at Sioux Falls, SD this 27th of July, 2021 

APPROVED BY THE BOARD OF COMMISSIONERS

Dean Karsky

Chair

ATTEST:

Madison Roberts

Deputy Auditor

RESOLUTION MC21-37

SUPPORTING LEGISLATION TO PROHIBIT JUVENILE DETENTION FACILITIES TO BE USED TO HOLD A MINOR WHO MEETS THE CRITERIA OF SDCL 27A-15-20 FOR INVOLUNTARY COMMITMENT 

WHEREAS, juvenile detention facilities are designed for juveniles who are charged with a crime; 

WHEREAS, youth who are on an involuntary commitment are struggling with mental health and have not committed a crime; 

WHEREAS, youth with mental health issues should not be confined with youth who are held within the legal system due to pending criminal charges; 

THEREFORE BE IT RESOLVED, by the Minnehaha County Commission to support legislation that would prohibit youth on an involuntary mental health commitment to be placed in a juvenile detention facility. 

SUPPORTING CRITERIA Justification for the resolution: A youth going through a severe emotional disturbance should not be housed in a jail cell at a juvenile detention facility. Juvenile detention facilities do not have mental health personnel on staff or physicians who specialize in the case of those with mental health problems. Correctional officers are not experts in mental health. Youth on a mental health involuntary hold should be taken to a mental health facility. Counties affected by the resolution: All counties Impact of the resolution: youth on a mental health hold will receive proper mental health treatment and not be traumatized by being put into a jail cell due to their mental health. 

Dated at Sioux Falls, SD, this 27th day of July 

APPROVED BY THE BOARD OF COMMISSIONERS

Dean Karsky

Chair

ATTEST:

Madison Roberts

Deputy Auditor

RESOLUTION MC21-38

SUPPORTING REVIEW OF THE HOUSING VALUATION FOR THE ELDERLY AND DISABLED TAX PROPERTY TAX FREEZE 

WHEREAS, SDCL 10-6A provides property tax relief to low-income elderly and disabled South Dakotan’s; 

WHERAS, SDCL 10-6A-3 defines the value of the home and is indexed to the consumer price index; 

WHEREAS, the tremendous escalation in housing values exceeds the consumer price index; NOW, 

THEREFORE BE IT RESOLVED, by the Minnehaha County Commission to support a review of the elderly and disabled taxpayers home valuation to qualify for a property tax freeze. 

SUPPORTING CRITERIA Justification for the resolution: SDCL 10-6A-3 updates the home value each year, but this increase has not kept pace with the spiraling cost of homes. Counties affected by the resolution: To be determined. A statewide change would impact all counties, while a change based upon escalation of housing would affect counties with larger populations. Impact of the resolution: While the impact to the low-income elderly and disabled taxpayers will be significant, the impact to county revenues should be reviewed to determine the impact. 

Dated at Sioux Falls, SD, this 27th day of July 

APPROVED BY THE BOARD OF COMMISSIONERS

Dean Karsky

Chair

ATTEST:

Madison Roberts

Deputy Auditor

RESOLUTION MC21-39

SUPPORTING LEGISLATION TO LOWER LOCAL COSTS ASSOCIATED WITH EXPANDING WATER AND WASTEWATER INFRASTRUCTURE 

WHERAS, the cost of water and wastewater infrastructure adds considerable costs to the affordability of housing; 

WHEREAS, the State of South Dakota will receive $974 million through the Federal ARPA program, which can fund water and wastewater infrastructure; 

WHEREAS, many South Dakota communities are either at or approaching debt capacity; 

THEREFORE BE IT RESOLVED, by the Minnehaha County Commission to support legislation that establishes a new state grant program(s), funded by American Rescue Plan Act (ARPA) funds, to incentivize new housing stock by reducing local costs associated with expanding water and wastewater infrastructure. 

SUPPORTING CRITERIA Justification for the resolution: South Dakota has the opportunity to provide transformative support to communities through direction of ARPA dollars for water and wastewater infrastructure. We recognize the importance and value of home ownership and by decreasing the cost of water and wastewater infrastructure, less costs are passed along to home owners. Counties affected by the resolution: All counties Impact of the resolution: A decrease in infrastructure dollars means housing is more affordable. 

Dates at Sioux Falls, SD this 27th of July, 2021 

APPROVED BY THE BOARD OF COMMISSIONERS

Dean Karsky

Chair

ATTEST:

Madison Roberts

Deputy Auditor

Ryan Smith, Schneider Geospatial, and Chris Lilla, Equalization Director, briefed the Commission on two options regarding the integration of Beacon Software into Minnehaha County. The briefing included reducing staff time, allowing access to greater data sources for the community, and the enhancements from this software. Commissioners were not in favor of moving forward with this software and would the Equalization Office  to develop

LIAISON REPORTS

Commissioner Bender briefed on the Accessible Housing Board meeting last week about how city and state funds get allocated. She briefed on the challenges of affordable housing and getting different funds. 

Commissioner Bender briefed on proposed Bylaw changes that she will be bringing forward to the commission with the City of Sioux Falls and how they structure their departments. At large members of the committee can be residents of Minnehaha County or the City of Sioux Falls. 

Commissioner Barth briefed on a public advocate meeting he attended and the concerns on professional services in the budget. 

Commissioner Barth briefed on the Planning and Zoning commission meeting timeline, water towers were approved, a lime stockpile that was approved for a 5-year continuing plan, and an expansion of a wedding barn.

Chairmen Karsky briefed on a meeting with The Link and Chamber Board Meeting, and asked one of the other commissioners to attend the Chamber Board Meeting as liaison. 

NEW BUSINESS 

Commissioner Beninga commented that he and Heiberger attended a meeting regarding Medical Marijuana Draft Zoning Ordinance. Minnehaha County and the City of Sioux Falls are proposing one dispensary in Sioux Falls and in Minnehaha County. Lincoln County proposed 4 dispensaries. Zone districts allowed would be commercial and light industrial, permitted special use, spacing to sensitive uses including daycares, schools, churches, and parks of 1,000 ft. 

MOTION by Barth, seconded by Beninga to adjourn until 9:00 a.m. on Tuesday August 4, 2021

Dean Karsky

Chair

ATTEST:

Madison Roberts

Deputy Auditor 

Published at the approximate cost of $329.41.

 

 

_________ Minutes _________

THE MINNEHAHA COUNTY COMMISSION CONVENED AT 9:00 A.M. July 20, 2021, pursuant to adjournment on July 14, 2021. Commissioners present were: Barth, Bender, Beninga,  Heiberger, and Karsky. Also present were Madison Roberts, Deputy Auditor, and Eric Bogue, Chief Civil Deputy State’s Attorney.  

MOTION by Beninga, seconded by Heiberger, to amend and approve item 2b by correcting the date on the document from April 16, 2021 to read July 14, 2021. 5 ayes. 

MOTION by Beninga, seconded by Bender to rescind previously approved county commission meeting minutes for June 15, 2021 and June 22, 2021, and approve the replacement minutes for publishing. 5 ayes. 

MOTION by Bender, seconded by Beninga to approve the July 6, 2021 regular commission meeting minutes and authorize the Auditor to publish the official copy. 5 ayes. 

MOTION by Beninga, seconded by Heiberger to approve the agenda. 5 ayes. 

VOUCHERS TO BE PAID

MOTION by Barth, seconded by Heiberger, to approve the following bills totaling $6,483,646.86. 5 ayes. 

35 West Properties L One Sioux Falls-Shelter  690.00, A&B Business Solut Lease-Rental Agmt 591.56, A&B Business Solut Maintenance Contracts 448.27, A&B Business Solut Office Equip Repair 83.79, Ab Propane Inc Gas Oil & Diesel 30.03, Abn Army Surplus Cor JAG Grant 2020 1080.00, Accurate Control Inc Other Repairs 113.15, Airgas Usa Llc Gas Oil & Diesel 96.34, Airgas Usa Llc Lease-Rental Agmt 72.10, Airway Svc Inc Auto/Small Equip 1797.89, Airway Svc Inc Gas Oil & Diesel 329.56, Alcohol Monitoring S Electronic Monitoring 1085.3, Alcohol Monitoring S Program Supp 3144.8, All Nations Interpre Interpreters 10049.4, All Star Investigati Attorney Fees 2000.00, Amanda Miller Misc Revenue 30.00, Anderson, Jennifer Bd Evals (Minnehaha) 5325.8, Andrew Berg Taxable Meal Allowances  28.00, Angel, Edward P Attorney Fees 2564.1, Angel, Edward P Child Defense Attorney 663.3, Apland Capital Welfare Rent 590.00, Argus Leader Media Publishing Fees 1827.00, Asphalt Surface Tech Contracted Construction 684250.59, Automatic Building C Jail Repairs & Maintenance 1432.65, Avera Health Plans I Insurance Admin Fee 2879.41, Avera Mckennan Attorney Fees 3500.00, Avera Mckennan Blood Withdrawal 153.00, Avera Mckennan Hospitals 23296, Avera Mckennan Pharmacies 24.30, Avera Mckennan Physicians 885.74, Avera Mckennan Professional Svcs 774.00, Avera St Luke’S Other Medical Svcs 67.66, Axis Forensic Toxico Lab Costs 795.00, Axon Enterprise Inc Safety & Rescue Equip 2077.00, BankSupp Inc Office Supp 105.82, Bargain Barn Tire Ct Auto/Small Equip 20.00, Barth, Jeff MacArthur SJC Grant 33.60, Bauerle, Adelle Welfare Rent 500.00, Benny Bassett Program Activities 200.00, Benz, Kari MacArthur SJC Grant  56.00, Bierschbach Equipmen Bridge Repair & Maintenance 477.60, Billion Empire Motor Auto/Small Equip 1099.23, Black Hills Ammuniti Ammunition 810.00, Blomker, Douglas Uniform Allowance 59.99, Boyd, Michelle Uniform Allowance 550.00, Braun, Mason Investigators Exps 34.44, Brennan Hills Townho Welfare Rent 700.00, Brooks Townhomes Ptr Welfare Rent 800.00, Builders Supply Comp Repair/Renovations 925.00, Burns, Jason Investigators Exps 69.30, Business Archives Archive/Preservation Supp 1320.00, Careerbuilder Llc Publishing Fees 183.43, Carroll Institute Detox 42,160.00, Center For Family Me Professional Svcs 788.20, Century Business Pro Maintenance Contracts 218.58, Centurylink Contract Svcs 13.62, Centurylink Data Comms 1309.70, Centurylink Telephone 1996.98, Certified Languages Interpreters 118.35, Charles Rogers Store Inventory 45.00, Childrens Home Socie Misc Exp 8130.60, Chs Inc Road Maint & Material   420.75, Compass Center Misc Exp 4065.30, Construction Product Bridge Repair & Maintenance 905.34, Construction Product JDC Maintenance 238.80, Control Installation COVID Exps 2875.00, Coremr Lc Maintenance Contracts 652.50, Corey Degroot Taxable Meal Allowances 28.00, Correct Rx Pharmacy Contract Svcs 8.23, Country Meadows Sf L Welfare Rent 700.00, Country View Mhc Welfare Rent 800.00, Creekstone Falls Welfare Rent 500.00, Culligan Water Maintenance Contracts 35.00, Dakota Fluid Power I Auto/Small Equip 22.70, Dakota Lettering Etc Uniform Allowance 122.55, Dakota Supply Group JDC Maintenance 2270.00, Dakotaland Autoglass Auto/Small Equip 39.99, Dalsin Inc Repair/Renovations 17,903.00, Decastro Law Office Attorney Fees 732.60, Diamond Mowers Inc Auto/Small Equip 732.65, Dufault, Helena Bd Evals (Minnehaha) 810.00, Dust Tex Svc Inc Janitorial Chemical Supp 20.30, Ekeren, Marvin R. Bd Exp Fees (Yankton) 9.00, Emelius Kringen Sign Deposits 50.00, Empire Toner Data Processing Supp 1436.92, Ethan Palluck Extradition & Evidence 84.00, Family Visitation Ce Misc Exp 8130.6, Fastenal Company Auto/Small Equip 3.20, Fastenal Company Construction Safety 123.31, Fastenal Company Jail Repairs & Maintenance 19.79, Fastenal Company Sign Supply Inventory 79.76, Fastenal Company Small Tools & Shop Supp 38.94, First Rate Excavate Contracted Construction  260511.72, Fully Promoted Uniform Allowance 82.76, G & R Controls Inc Heat, Vent & AC Repairs 195.63, Galls Quartermaster Uniform Allowance 173.61, Garretson Fire Dept Garretson Fire Department 25579, Garretson Gazette Publishing Fees  849.63, George, Aaron Welfare Rent 700.00, Glory House Apartmen Welfare Rent 350.00, Golden West Telephone 75.95, Graham Tire Co North Auto/Small Equip 447.40, Grainger Small Tools & Shop Supp 10.54, Graybar Electric Com Electrical Repairs & Maint 1148.00, Griese Law Firm Attorney Fees 1243.2, Guzman, Sandra V Interpreters 75.00, Hanson, Michael W Attorney Fees 207.90, Hartford’S Best Pain Auto/Small Equip 2836.87, Helseth, Ramona G. Bd Exp Fees (Minnehaha)  216.00, Hidden Hills Apartme Welfare Rent 1100.00, High Point Networks Memberships 248.00, High Point Networks Subscriptions 52.00, Honky-Tonk Jump Llc Program Activities 300.00, Horizon Agency Inc Insurance Admin Fee 2788.5, Horizon Apts Welfare Rent 560.00, Howe Inc Outside Repair 5545.22, Hyvee Accounts Recei Pharmacies  46.36, I State Truck Center Parts Inventory 25.87, Intek Contract Svcs 28671.63, Intek COVID Exps 1425.00, Interstate Office Pr Archive/Preservation Supp 248.77, Interstate Office Pr Office Supp 941.61, Iret Properties Welfare Rent 700.00, Isi Llc Interpreters 160.00, Jacks Uniforms And E Uniform Allowance 277.94, Jcl Solutions COVID Exps -1,350.00 Jcl Solutions Inmate Supp 1028.70, Jcl Solutions Janitorial Chemical Supp 525.10, Jcl Solutions JDC Custodial Supp 988.63, Jcl Solutions Kitchen/Cleaning Supp 4425.85, Jeff Larson Law Pc Attorney Fees 3530.70, Johnson, Eric D Welfare Rent 700.00, Johnson, Richard L Attorney Fees 1459.02, Joseph Maeschen Taxable Meal Allowances 88.00, Kandiyohi (Mn) Count Return Of Svc 54.48, Katterhagen, Mark Bd Exp Fees (Yankton) 102.00, Kauffman, David W Ph Psych Evals 2000.00, Kennedy Pier & Loftu Attorney Fees 277.20, Kerri Cook Huber Bd Exp Fees (Yankton) 80.00, Kirschbaum, Mark Business Travel 47.68, Knecht, Andrew J Attorney Fees 1379.80, Knecht, Andrew J Child Defense Attorney 458.10, Kone Inc Contract Svcs 9270.00, Kone Inc Maintenance Contracts 1002.78, Kurita America Holdi Heat, Vent & AC Repairs  4337.4, Kyra Enterprises Llc Motels 760.00, Kyte, Ben Business Travel 188.16, Lamar Texas Limited Program Activities 1360.00, Languageline Solutio Interpreters 117.66, Languageline Solutio Telephone 216.15, Larson, Dana J Bd Exp Fees (Yankton) 50.00, Laughlin Law Llc Attorney Fees 3751.40, Leach, Jason Duane MacArthur SJC Grant 181.45, Leaf Capital Funding Lease-Rental Agmt  137.02, Legacy Village Welfare Rent 528.00, Lewis Drugs Inc Pharmacies 1619.72, Lewno Law Office Bd Exp Fees (Yankton) 1045.57, Lift Pro Equip Other Repairs 1062.09, Light And Siren Auto/Small Equip 959.82, Lightning Towing Professional Svcs 156.50, Lipetzkys Irrigation Building Repairs & Maintenance 166.26, Lockwood & Zahrbock Attorney Fees 761.43, Lockwood, Darcy Bd Exp Fees (Yankton) 93.00, Lopez, Rebeca Interpreters 50.00, Loving, Philip Bd Evals (Minnehaha) 9634.35, Lundquist, Elizabeth Court Reporters 183.40, Lutheran Social Svcs Interpreters 52.50, Luverne Supermarket Welfare Food 189.02, Madison County Professional Svcs 16.29, Mailway Printers Publishing Fees 890.67, Marsh & Mclennan Llc Notary Exp 50.00, Marsh & Mclennan Llc Property & Liability 1000.00, Maxwell Food Equipme Furniture & Office Equip 1874.78, Mccluskey, Elizabeth Professional Svcs  600.00, Medstar Paramedic In Transportation 400.00, Menard Inc Auto/Small Equip 23.80, Menard Inc Bldg/Yard Repair & Maintenance 9.38, Menard Inc Bridge Repair & Maintenance 49.99, Menard Inc Parks/Rec Repair & Maintenance 45.03, Menard Inc Road Material Inventory 598.50, Metro Comms Misc Exp 46828.83, Microfilm Imaging Sy Furniture & Office Equip 240.00, Microfilm Imaging Sy Lease-Rental Agmt 405.00, Midamerican Energy C Natural Gas 2332.13, Midamerican Energy C Welfare Utilities 292.04, Midcontinent Communi Data Comms 350.00, Midcontinent Communi Subscriptions 443.86, Midcontinent Communi Telephone 85.00, Midland Inc Hwy Shop Repairs & Maintenance 57.52, Midland Inc JDC Maintenance 5.56, Midwest Alarm Compan Professional Svcs 442.80, Midwest Contracting Contracted Construction 166120.15, Midwest Wellness Professional Svcs 4200.00, Mike Mcgovern Business Travel 196.00, Miller, Frances F Bd Exp Fees (Minnehaha)  88.00, Minnehaha Community Tea-Ellis Range 35.00, Minnehaha Community Water - Sewer 30.00, Minnehaha County Donations 368.85, Minnehaha County Gas Oil & Diesel 95.86, Minnehaha County Other Supp 165.00, Minnehaha Petty Cash Program Activities 7.00, Monica Honkamp Taxable Meal Allowances 14.00, Mro Corporation Clinics - Auxiliary Svcs 20.00, Murray Properties Ll Welfare Rent 75.00, Napa Auto Parts Parts Inventory 158.61, Napa Auto Parts Truck Repairs & Maintenance 47.07, Networking Specialis Data Processing Equip 14167.73, New Century Press Publishing Fees 1059.66, Nichole Steiger Taxable Meal Allowances 14.00, Nordstroms Automotiv Auto/Small Equip 400.00, Novak Lease-Rental Agmt 64.00, Novak Office Supp 53.84, Novak Tea-Ellis Range 61.55, Novak Trash Removal 5108.27, Nybergs Ace Hardware Other Supp 19.34, Office Depot Inc Data Processing Supp   371.72, Olivier Miles Holtz Attorney Fees    9299.1, Olson Law Firm Llc Attorney Fees 5921.02, Oreilly Auto Parts Auto/Small Equip 357.28, Overhead Door Compan Building Repairs & Maintenance 178.57, Paragon Health & Wel Blood Withdrawal 4920.00, Paramedics Logistics Contract Svcs 4880.62, Paramedics Logistics MacArthur SJC Grant 792.93, Paramedics Logistics Safety & Rescue Equip 1535.00, Paramedics Plus Siou Contract Svcs 535.04, Pcs Mobile Maintenance Contracts 955.50, Pcs Mobile Professional Svcs 3344.50, Pennington County Extradition & Evidence 4602.80, Peoplefacts Recruitment 115.83, Pettigrew Heights Ap Welfare Rent 425.00, Pfeifer Implement Co JDC Maintenance 150.00, Pharmchem Inc Testing Supp 371.15, Phoenix Supply Llc Child Care Uniforms 146.41, Pop Wagner Inc Program Activities 300.00, Poppens, Jody MacArthur SJC Grant 864.93, Precision Kiosk Tech Testing Supp 4050.00, Premier Real Estate Welfare Rent 700.00, Price, Thomas L Psych Evals 2400.00, Professional Develop Misc Exp 8225.00, Qualified Presort Se Postage 7418.14, Quality Efficiencies Motels 625.00, Ramkota Hotel Business Travel 295.90, Record Keepers Inc Records Storage 2304.81, River Terrace Apartm Welfare Rent 245.00, Riverview Park Ltd Welfare Rent 104.00, Robert Mason Extradition & Evidence 84.00, Robin Brust Taxable Meal Allowances 14.00, Roemen’S Auto  Auto/Small Equip 54.98, Roemen’S Auto  Gas Oil & Diesel 53.97, Rons, Norm Welfare Rent 700.00, Rr Brink Locking Sys Jail Repairs & Maintenance 2126.00, Running Supply Inc Auto/Small Equip 39.99, Running Supply Inc Heavy Equip Repairs & Maint 31.94, Running Supply Inc Small Tools & Shop Supp 122.98, Running Supply Inc Truck Repairs & Maintenance 69.75, Saint George Parish  Lease-Rental Agmt  95.00, Sanford Lab Costs 1376.00, Sanford Other Medical Svcs 2480.95, Sanford Welfare Rent 500.00, Sanford Clinic Lab Costs 87.00, Sanford Clinic Misc Exp 47.30, Sanford Clinic Other Medical Svcs 204.40, Sanford Health Plan Insurance Admin Fee 3396.25, Schmuck, Jan Bd Exp Fees (Minnehaha) 104.00, Schuster, Paul Investigators Exps 54.60, Scilawforensics Ltd Professional Svcs 7700.00, Scott Swanson Sign Deposits 50.00, Scott, Kevin Right Of Way 1254.00, Sd Assoc Of County O Due To Other Governments  8072.00, Sd Human Svcs Ce Clinics - Auxiliary Svcs 13.80, Sd Planners Associat Memberships 150.00, Sd Safety Council Education & Training 149.50, Sd Veterans Svc Offi Memberships 100.00, Security Labs Llc Maintenance Contracts 100.00, Severtson, Allen Business Travel 38.44, Sf Leased Housing As Welfare Rent 800.00, Shi International Co Maintenance Contracts 12499.00, Sioux Area Metro Bus Passes 1562.50, Sioux Falls American Misc Exp 37.00, Sioux Falls Area Hum Misc Exp 3204.88, Sioux Falls City Gas Oil & Diesel 13839.61, Sioux Falls City HIDTA Grant 325.05, Sioux Falls City Professional Svcs 248.01, Sioux Falls City Water - Sewer 100.79, Sioux Falls City Welfare Utilities 64.41, Sioux Falls Rubber S Office Supp 100.40, Sioux Valley Energy Electricity 339.24, Sioux Valley Energy Tea-Ellis Range 92.55, Sisson Printing Inc Printing/Forms 139.19, Sjaarda, Kelsey MacArthur SJC Grant 100.22, Skadsen, Nathan Business Travel 277.20, Society Of Broken So Program Activities 300.00, Solheim, Virginia Business Travel  39.28, Southeastern Behavio Crisis Intervention Program 5238.70, Southeastern Behavio Misc Exp 42367.00, Southeastern Behavio Professional Svcs 2500.00, Srstka, Erin MacArthur SJC Grant  911.40, State Of South Dakot Amts Held-Daily Scram  6976.00, State Of South Dakot Amts Held-Remote Breath 1873.00, State Of South Dakot Blood/Chemical Analysis 3270.00, State Of South Dakot Bulletin Board Svc 151.61, State Of South Dakot Commitment - HSC  16496.36, State Of South Dakot Commitment - Redfield 780.00, State Of South Dakot Due To Other Governments 4601524.56, State Of South Dakot Fingerprint/Tax 430.43, State Of South Dakot Misc Revenue 123.04, State Of South Dakot Notary Exp 30.00, State Of South Dakot Store Sales 218.77, State Of South Dakot Telephone 67.95, Strange Farrell John Attorney Fees 5944.16, Streichers Inc JAG Grant 2020 1990.44, Streichers Inc Safety & Rescue Equip 1539.99, Streichers Inc Volunteer Pers Items 668.99, Summit Food Svc Board Of Prisoners-Meals 91158.7, Summit Food Svc Child Care Food 471.58, Summit Food Svc Inmate Supp 298.84, Summit Food Svc School Lunch Program 688.4, Sure Test Professional Svcs   549.00, Tammen Auto & Tire I Auto/Small Equip 63.68, Tammen Auto & Tire I Gas Oil & Diesel 184.88, Tandem Publishing Gr Store Inventory 550.00, Taylor Court Business Travel 116.00, Tcn Inc Telephone 1.36, Terrones, Jared Investigators Exps  49.98, The Pitney Bowes Ban Postage 10.00, The Segal Company Professional Svcs 4900.00, Thomson Reuters - We Amounts Held For Others 980.46, Thomson Reuters - We Books 292.55, Thomson Reuters - We Legal Research 3539.15, Thomson Reuters - We Subscriptions 618.06, Thorne, Stephen Professional Svcs 1004.5, Three Falls Llc One Sioux Falls-Shelter 650.00, Three In One Inc Professional Svcs  3120.00, Tires Tires Tires In Auto/Small Equip 694.40, Tires Tires Tires In Truck Repairs & Maintenance 542.19, Traffic And Parking Engineering Supp 2048.00, Transource Truck & E Parts Inventory  355.13, Transunion Risk & Al Investigators Exps 85.80, Tri-State Nursing Professional Svcs 2492.50, Tritech Inc Blood Withdrawal 5085.00, Turtle Tracks Uniform Allowance 290.00, Two Way Solutions In Comm Equip Repair 896.93, Tzadik Sioux Falls I Welfare Rent 1200.00, Tzadik Sioux Falls P Welfare Rent 2995.00, Tzadik Taylors Place Welfare Rent 1050.00, United Parcel Servic Postage 1.32.00, United Tactical Syst Education & Training 395.00, University Park Lega Professional Svcs 1412.50, Us Foods Inc Other Supp 65.39, Us Foods Inc Professional Svcs 1598.36, Us Postal Svc Postage 2500.00, Verizon Wireless Administrative Charges 46.26, Verizon Wireless Data Processing Equip 1331.07, Verizon Wireless HIDTA Grant 74.08, Verizon Wireless Safety & Rescue Equip 130.32, Verizon Wireless Tea-Ellis Range 40.01, Verizon Wireless Telephone 4911.16, Vern Eide Motorcars HIDTA Grant 590.00, Walden Carpets Inc Building Repairs & Maintenance 3000.00, Wall Lake Sanitary D Water - Sewer 90.00, Walmart Stores Inc Pharmacies 34.18, Walter, Max Attorney Fees 1336.5, Walter, Max Child Defense Attorney 173.25, Washington Heights A Welfare Rent 600.00, Waste Management Of Trash Removal 258.35, Weerheim Law Office Bd Exp Fees (Minnehaha) 3239.5, Weerheim Law Office Crisis Intervention Program 38.00, Winner Police Depart Extradition & Evidence 67.60, Xcel Energy Electricity 6995.82, Xcel Energy Road Maint & Material 16.77, Xcel Energy Inc Welfare Utilities 3151.43, Xigent Solutions Llc Consultants 337.50, Yankton County Board of Prisoners-Housing 320.00, Yankton County Return Of Svc 350.00, Yogi Holdings Inc Motels  250.00, 

REPORTS

a) Auditor’s account with Treasurer for April 2021

b) Auditor’s financial reports for June 2021

1. General fund cash balance 

2. Highway fund cash balance 

3. General fund YTD expenditures 

4. General fund YTD revenue 

c) Sheriff’s report for June 2021

d) Minnehaha County Coroner report for May 2021

e) Minnehaha County highway monthly construction projects update  

MOTION by Bender, seconded by Barth to approve the following personnel actions. 5 ayes 

PERSONNEL

New Hires

1. Mariah Kahler, variable hour Safe Home Program Worker for Safe Home, at $15.50/hour effective 7/7/2021.

2. Daniel Francis, variable hour Airport Deputy Sheriff for the Sheriff’s Office at $25.00/hour effective 7/13/2021.

3. Marcos Loa, Correctional Officer for the Jail, at $19.86/hour (13/1) effective 7/19/2021.

4. Emelia Williams, variable hour Airport Deputy Sheriff for the Sheriff’s Office at $25.00/hour effective 7/22/2021.

5. To amend the hire date for Logan Drey, variable hour Safe Home Program Worker for Safe Home, from 6/24/2021 to 6/23/2021. 

Step Increases

1. Tyson Coil, Senior Building Facilities Maintenance Technician for the Facilities department, at $26.05/hour (16/6) effective 7/15/2021.

2. Avery Fenne, Correctional Officer for the Jail, at $21.38/hour (13/4) effective 7/10/2021.

3. Glen Kruger, Corporal for the Jail, at $25.42/hour (17/3) effective 5/4/2021.

4. Ashlie Knecht, Corporal for the Jail, at $25.42/hour (17/3) effective 7/13/2021.

5. Kurt Schaunaman, Lieutenant for the Jail, at $2,873.60/biweekly (22/3) effective 7/13/2021.

6. Tessica Severson, Office Manager for the Public Defender’s Office, at $24.80/hour (16/4) effective 7/25/2021.

7. Carrie Mees-Burt, Senior Trial Attorney for the State’s Attorney’s Office, at $4,161.60/biweekly (23/14) effective 6/14/2021.

8. Thomas Hensley, Chief Criminal Deputy State’s Attorney for the State’s Attorney’s Office, at $5,195.20/biweekly (25/15) effective 5/29/2021.

9. Douglas Amolins, Tax and License Technician for the Treasurer’s Office, at $23.03/hour (10/13) effective 7/8/2021.

NOTICE AND REQUESTS

a) Highway Department Notice of Construction Change Order #3 for Highway Project MC18-07

b) MOTION by Heiberger, seconded by Bender to authorize the Auditor to publish notice to bidders for the Minnehaha County furniture package. 5 ayes.

PUBLIC HEARING

Eric Bogue, Chief Civil Deputy State’s Attorney, was present for the public hearing and presented the second reading of an ordinance prohibiting the consumption or smoking of cannabis in public places. Violation of this ordinance could be considered a Class 2 Misdemeanor. MOTION by Heiberger seconded by Beninga to adopt an Ordinance MC 58-21 Prohibiting the Consumption and/or Smoking of Cannabis in Public Places. Roll Call vote: 5 ayes. The entire ordinance is on file and available at the Minnehaha County Auditor’s Office.

Emmett Reistroffer, Legal Cannabis Board Member, spoke to the commission about the resource he would like to be for the community regarding the laws and regulations in place for legal cannabis and the zoning and licensing distribution for businesses. Emmett also commented on the wording within the ordinance and asked for consumption to be changed to smoking. 

REGULAR BUSINESS

Susan Beaman, Finance and Budget Officer, presented a briefing of the FY2022 Provisional Budget, which is schedule to be adopted on July 27, 2021. 

At the request of Ben Kyte, County Auditor, MOTION by Barth seconded by Bender to authorize a $13.3 million inter-fund transfer from General Fund to Building Fund. By roll call Vote: 5 ayes. 

Ben Kyte, County Auditor, presented a second reading to consider a resolution approving installation of rural water line service within Minnehaha County by Lincoln County Rural Water System. MOTION by Heiberger seconded by Barth. 5 ayes. 

RESOLUTION MC21 -34

INSTLLATION OF WATER LINES BY LINCOLN COUNTY

RURAL WATER SYSTEM, INC., WITHIN MINNEHAHA COUNTY

WHEREAS, it is the mission of Lincoln County Rural Water System, Inc. (LCRW) to sell and deliver high quality water to its members within their service area, and

WHEREAS, on June 25th , 2021, LCRW requests authorization to provide service within Minnehaha County, and

WHEREAS, SDCL 31-26-25 provides countywide authorization for anyone wanting

“to construct or lay a water pipeline over, across, or under public highways” and to

“make application to the board of county commissioners as provided in” SDCL 3126, and

WHEREAS, SDCL 31-1-1 defines a public highway as “[e]very way or place of whatever nature open to the public, as a matter of right, for purposes of vehicular travel[,]” and includes a township road, and

WHEREAS, SDCL 31-26-13.3 requires the Auditor present said application and request to provide service to the County Commission within 30 days of its filing by LCRW, and

WHEREAS, the Auditor has given 10 days’ notice by mail to any public entity having jurisdiction and supervision over the involved highway and all persons, firms or corporations owning or operating electric, telephone, or telegraph lines or underground cable on any part of the highway which the proposed lines may occupy in accordance with SDCL 31-26-13.4, now

THEREFORE, BE IT RESOLVED, Lincoln County Rural Water System, Inc. is hereby allowed to install water lines within Minnehaha County:

BE IT FURTHER RESOLVED, Ordinance MC47-15 remains in effect which requires any utility company and/or service provider to coordinate with the Highway Department using its designated permitted process when said utility’s and/or service provider’s infrastructure is to be installed, removed, upgraded, or maintained within any roadway under the jurisdiction of Minnehaha County:

BE IT FURTHER RESOLVED, that LCRW is hereby granted countywide authorization for the construction of rural water service lines within Minnehaha County subject to the provisions of SDCL 31-26 until such time this grant is revoked by this Board of County Commissioners.

Dated this 20th day of July, 2021. 

APPROVED BY THE BOARD OF COMMISSIONERS

Dean Karsky 

ATTEST: 

Madison Roberts 

Deputy Auditor

MOTION by Bender, seconded by Barth to appoint Ken McFarland, Diane Rypkema, Al Johnson, and alternate Bill Jensen for the 2021 Tax Deed Appraisal Board for evaluation of surplus tax deed properties. 5 ayes. 

Shannon Schultz, Assistant Highway Superintendent, presented a resolution to set weight load limits on certain Minnehaha County highway bridges. The resolution will supersede any prior limits described in previous resolutions. MOTION by Beninga, seconded by Bender to approve Resolution MC21-35. 5 ayes. 

RESOLUTION MC21-35   

SET WEIGHT LOAD LIMITS ON

CERTAIN BRIDGES WITHIN MINNEHAHA COUNTY

WHEREAS, the Minnehaha County Highway Department performs regular bridge inspections to assess the condition of individual bridges and considers recommendations for improvements, and

WHEREAS, the Minnehaha County Highway Department performs bridge maintenance and bridge replacement projects in an effort to improve the overall condition of the bridge network, and

WHEREAS, the Minnehaha County Highway Superintendent has identified twenty (20) bridges in Minnehaha County that are recommended for weight load limits, and

WHEREAS, SDCL 32-22-47 gives the county commission the authority to establish and identify through the proper signage the maximum weight of any vehicle, laden or unladen, which may enter upon or cross over the bridge, now

THEREFORE, BE IT RESOLVED by the Minnehaha County Board of Commissioners that all of the existing bridge weight load limits described in previous resolutions are hereby removed and superseded with the following gross vehicle weight load limits:

>>>> SEE GRID ON THE NEXT PAGE

BE IT FURTHER RESOLVED, that the Minnehaha County Highway Superintendent is hereby directed to erect and post the appropriate signage in accordance with SDCL 32-22-47, and

BE IT FURTHER RESOLVED, by the Minnehaha County Commission that an emergency exists and that the posting of weight limits on the above bridges is immediately in effect and will remain in effect until changed by action of the county commission; and

BE IT FURTHER NOTED, under SDCL 32-22-48, the violation of these weight load limits is a Class 2 misdemeanor, and Minnehaha County may recover civil damages from any person who drives or operates, or causes to be driven or operated, any vehicle, laden or unladen, upon, over or across any bridge which has been posted in accordance with § 32-22-47 and which exceeds the maximum posted weight in pounds and causes any injury or damage to said bridge by reason thereof.

Dated this 20th day of July, 2021.

APPROVED BY THE BOARD OF COMMISSIONERS

Dean Karsky

ATTEST: 

Madison Roberts 

Michele Boyd, Sheriff’s Office Program and Service Manager, reported that the proposals were received on July 6, 2021 for the Transitional Housing and Cultural Services grant program. Only one proposal was received from Southeastern Behavioral Health. MOTION by Heiberger, seconded by Beninga to Authorize the Chair to sign the agreement with Southeastern Behavioral Health. MOTION by Heiberger, seconded by Barth to amend and authorize the Sheriff to sign the Agreement with Southeastern Behavioral Health. 5 ayes. 

MOTION by Beninga, seconded by Heiberger to authorize Chair to sign the Interlocal Agreement between Minnehaha County and the City of Sioux Falls for the 2021 JAG Program Award. 5 ayes. 

Joe Bosman, Captain, presented a request to authorize the Sheriff’s Office to purchase (1) 2020 Dodge Ram 1500 SSV from Billion Auto in the amount of $32,076.00. MOTION by Barth, seconded by Bender to approve purchase of (1) 2020 Dodge Ram 1500 SSV from Billion Auto. 5 ayes. 

PUBLIC HEARING 

Kevin Hoekman, Planner, was present for the scheduled hearing on an appeal of the Minnehaha County Planning commission decision to approve CUP #21-35 allowing a Class C, hog concentrated animal feeding operation CAFO- on property legally described as SW1/4, section 19-T101N-R52W. 

Chairmen Karsky asked for all proponents and opponents to speak on the proposed Conditional Use Permit. 

Proponent, Lloyd Stockwell, spoke to the commission and discussed his current hog operation and also addressed concerns from his neighbors on the proposed hog facility. 

Proponent, Benard Stockwell spoke to the commission and reviewed his hog operations and the challenges associated with it. Mr. Stockwell read a recommendation letter from his feed supplier and read responses from a questionnaire completed by his neighbor about their positive experiences living near his hog operation. He continued with comments on his interactions with the neighbors. Mr. Stockwell provided a copy of the questionnaire to his neighbor and the recommendation letter from his feed supplier. 

Charimen Karsky noted that all correspondences on this item prior to the meeting are available to the public. 

Proponent, Steve Dick of Hartford, SD, Executive Director of Ag United of South Dakota spoke on the benefits on such hog facilities to the farm families located in Minnehaha County. 

Opponent, Eric Willadsen, spoke to the commission about general concerns about building a hog facility near the neighbor’s houses. Mr. Willadsen was present at the meeting to explain to the opponents the conditional use permit process and also commented on if the location of the proposed hog facility was appropriate. He also commented on making sure Minnehaha County has the appropriate restrictions in place to control the facility. Mr. Stockwell discussed concerns about the lack of permitting for smells, waste disposal, and other items. 

Opponents, Kahli Bryant, read an appeal letter prepared by A.J Swanson an attorney from the law practice of Arvid J. Swanson, P.C. The appeal letter was provided as public record for this item. The appeal letter listed several concerns from the opponents of the proposed hog facility. Mrs. Bryant also commented on the lack of rendering services for dead hogs and the problems that it has caused. She also spoke about the health conditions of her husband and the problems the hog facility will cause him. Mrs. Bryant also presented a petition signed by 13 neighbors opposing the proposed hog facility.

Opponent, Kathy Carman, addressed the commission on the concerns of being surrounded by hog facilities and the quality of life. Ms. Carman also mentioned the traffic concerns that this proposed hog facility may bring to the surrounding area. 

Opponent, Tom McNamara, presented to the commission about general concerns that he has living near a hog facility. 

Proponent rebuttal, Lloyd Stockwell, answered questions from Chairmen Karsky regarding traffic concerns. Mr. Stockwell commented on the manure application and its use as fertilizer on his property. He also commented he was willing to comply with the requests that the opponents had suggested. 

Proponent rebuttal, Benard Stockwell, Commissioner Heiberger asked Mr. Stockwell to address the question of rendering services. Mr. Stockwell answered that his hog facility uses Sioux Valley Rendering Services located in Rock Valley, IA. He commented on the distance of the new facility from existing homes and he also provided positive comments from neighbors from his existing operation. 

Commissioner Beninga asked questions about township objections for truck traffic and the use of rural water. Mr. Stockwell’s answered the questions, stating there were no objections from the townships and he will be using wells instead of rural water. 

Commissioner Barth asked Mr. Stockwell about the differences in the process between Minnehaha County vs McCook County regarding the building of the proposed hog facility. 

Chairmen Karsky asked Mr. Stockwell about the rendering services and presented some concerns. Mr. Stockwell responded that it usually is every 2-3 days that the services comes. He also presented an idea to the commission about the use of a compost pit where the dead animals would be disposed. 

Commissioner Beninga asked Kevin Hoekman, Planning and Zoning office, about the landscaping requirements that was written into the conditional use permit. Mr. Hoekman responded that the site plan did include requirements for landscaping. 

Commissioner Beninga also asked Mr. Hoekman about the enclosed chain link fence that was brought up in the opponents concerns. He answered the question stating to Commissioner Beninga that it was written in the ordinance that all dead animals have to be out of sight to the public. 

Commissioner Beninga asked Mr. Hoekman about Minnehaha County’s inspection policy. He answered the question, and stated the building will be inspected after it is built, but going forward the inspections will be based on complaints. 

Chairmen Karsky asked Mr. Hoekman about the proposed landscaping and the purpose for it. Mr. Hoekman responded that it is primarily used for aesthetics. 

Commissioner Barth asked Mr. Hoekman about the number of hogs and how the animal unit measurements equate to this facility. He explained how the county uses animal units to determine the size of CAFO facilities. 

MOTION by Beninga, seconded by Heiberger to uphold CUP #21-35 to allow a Class C, hog concentrated animal feeding operation with the following amendment of adding a condition for a 6 ft chain link enclosure to screen dead animals from sight. Commissioner Bender asked to recuse herself from this item. Roll Call Vote: 4 ayes. 

LIAISON REPORTS

Commissioner Heiberger reported on the sidewalk issues at the Siouxland Library in Crooks, SD. 

Commissioner Heiberger reported on Pauline Striemer’s passing and the $60,000 that she donated to the Siouxland Libraries Book Mobile. 

Commissioner Heiberger reported on the NACO Convention she attended. She spoke on the approved resolutions mainly for Emergency Management issues, electing a new president and vice president. 

Commissioner Heiberger reported on the Safety & Justice meeting and a grant that they have received. 

Commissioner Heiberger reported on the Justice Involved Leaders of Tomorrow graduation ceremonies from the 12-week course they attended. 

Commissioner Barth reported on the Abandoned Cemetery Board and running drones over the cemeteries. He stated he had 5 community members get in contact to become involved with the cemetery, and there was a meeting on 07/20/2021 at 6:30 p.m. located at the main library. 

Commissioner Beninga reported that there would be a medical cannabis meeting with county organization on 07/21/2021 at 8:30 a.m., located at the main library. 

MOTION by Barth, seconded by Bender, to recess the Minnehaha County Commission Meeting at 11:28 a.m. 5 ayes.

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

MOTION by Bender, seconed by Heiberger to adjourn until 9:00 a.m. on Tuesday July 27, 2021

Dean Karsky

Chair

ATTEST:

Madison Roberts

Deputy Auditor 

Published at the approximate cost of $175.39.

August 5, 2021August 5, 2021