Minnehaha County - Minutes

_________ Minutes _________

THE MINNEHAHA COUNTY COMMISSION CONVENED AT 9:00 A.M. June 23, 2020, pursuant to adjournment on June 16, 2020. Commissioners present were: Barth, Bender, Beninga, and Heiberger. Commissioner Karsky was absent. Also present were Olivia Larson, Commission Recorder, and Margaret Gillespie, Senior Deputy State’s Attorney.

MOTION by Barth, seconded by Beninga, to approve the agenda.  4 ayes.

MINUTES APPROVAL

MOTION by Beninga, seconded by Heiberger, to approve the June 16, 2020, Commission Minutes.  4 ayes.

VOUCHERS TO BE PAID

MOTION by Barth, seconded by Beninga, to approve the following bills totaling $1,713,505.96.  4 ayes.

A&B Business Lease-Rental Agmt 82.50, A&B Business Maint Contracts 138.42, Abn Army Surplus Uniform Allowance 120.00, Advantage Property Welfare Rent 500.00, Airgas USA Small Tools & Shop Sup 48.19, Airteq Safety & Rescue Equip 7,674.68, Alcohol Monitoring Electronic Monitoring 1,225.60, Alcohol Monitoring Program Sup 854.40, Alignment Shoppe Truck Repairs & Maint 1,355.34, All Nations Interp Interpreters 836.25, Anderson, Jennifer Bd Evals Minnehaha 2,358.33, Anderson, Scott A Work Mileage 70.98, Angel, Edward P Attorney Fees 3,771.60, Avera Health Plans Insurance Admin Fee 2,645.50, Avera McKennan Hospitals 17,204.93, Avera McKennan Other Medical Svcs 285.72, Avera McKennan Psych Evals 5,000.00, Axis Forensic Toxico Lab Costs 382.00, Bauer Built Truck Repairs & Maint 29.50, Ben Baxa Extradition & Evidence 224.00, Bierschbach Equip Bridge Repair & Maint 515.60, Black Events & Ad Program Activities 550.00, Bly, Jon Right Of Way 1,993.00, Bly, William K Right Of Way 1,993.00, Boyce Law Attorney Fees 9,316.56, Brandon Heights Welfare Rent 800.00, Brevik Law Attorney Fees 378.90, Brooks Townhomes Welfare Rent 907.00, C & R Supply Hvy Equip Repairs & Maint 11.49, Center For Family Professional Svcs 1,021.04, Centurylink Data Coms 1,278.76, Centurylink Long Telephone 159.32, Certified Languages Interpreters 562.75, Chagolla, Albert Interpreters 54.17, Charmtex Kitchen/Cleaning Sup 478.80, Concrete Materials Bldg/Yard Repair & Maint 733.72, Concrete Materials Road Maint & Material -35.52, Constellation Natural Gas 2,655.39, Construction Supply Road Material Inventory 7,051.10, Costco Wholesale Memberships 60.00, Dakota Fluid Power Hvy Equip Repairs & Maint 621.06, Dakota Law Attorney Fees 3,216.10, Dakota Law Child Defense Attorney 3,646.10, Decastro Law Attorney Fees 2,617.90, Denherder Law Attorney Fees 441.05, EH Hospitality One Sioux Falls-Shelter 625.00, Election Workers Election School 3,825.00, Election Workers Precinct Officials 73,835.38, Election Workers Work Mileage 923.50, English Law Child Defense Attorney 1,014.50, Evans, Jerald L Welfare Rent 500.00, Fastenal Sign Supply Inventory 50.97, Fastenal Small Tools & Shop Sup 32.50, George, Aaron Welfare Rent 1,390.00, Global Tel Link Telephone 2.53, Grainger Hvy Equip Repairs & Maint 109.08, Griese Law Attorney Fees 389.60, Griesse, Chris Grounds & Parking Repair 775.00, Guzman, Sandra V Interpreters 200.00, Haar, Joshua Right Of Way 1,600.00, HDR Engineering Architects & Engineers 12,916.72, Hidden Hills Apt Welfare Rent 200.00, High Point Networks Consultants 2,312.50, Horizon Agency Insurance Admin Fee 2,821.00, HOV Svcs Microfilming 591.20, Hurtgen, Timothy T Welfare Rent 550.00, I State Truck Center Parts Inventory 7.22, Innovative Office Furniture & Office Equip 550.00, Interstate Office Office Sup 156.58, ISI Interpreters 440.00, JCL Solutions Inmate Sup 1,028.70, JCL Solutions Kitchen/Cleaning Sup 1,212.80, JE Dunn Construction Construction Costs 665,608.00, Jeff Larson Law Attorney Fees 4,792.60, Jim Bork Enterprises Printing/Forms 614.00, Johnson, Erin M Bd Exp Fees Minnehaha 4,161.00, Johnson, Richard L Attorney Fees 2,412.34, Johnson, Richard L Child Defense Attorney 113.49, Katterhagen, Mark Bd Exp Fees Yankton 15.00, Kerri Cook Huber Attorney Fees 165.70, Knecht, Andrew J Attorney Fees 2,421.80, Lacey Rentals Lease-Rental Agmt 112.00, Lassegaard, Samuel C Welfare Rent 500.00, Laughlin Law Attorney Fees 2,014.20, Lawson Products Parts Inventory 88.07, Lewis Drugs Pharmacies 762.90, Lewno Law Bd Exp Fees Yankton 166.50, LG Everist Bldg/Yard Repair & Maint 471.35, LG Everist Bridge Repair & Maint 224.69, Light And Siren Automotive/Small Equip 332.01, Light And Siren Truck Repairs & Maint 209.10, Lisa Carlson Report Court Reporters 290.80, Lockwood, Darcy Bd Exp Fees Yankton 15.00, Lutheran Social Svcs Diversion Programs 1,574.33, Marsh & McLennan Notary Exp 100.00, Mediger, Ryan Welfare Rent 900.00, Medstar Paramedic Transportation 1,200.00, Metro Coms Misc Exp 37,463.08, Midstates Utility Small Tools & Shop Sup 73.00, Minnehaha County Other Sup 126.95, Multicultural Center Interpreters 275.00, Myers & Billion Attorney Fees 1,106.70, Napa Auto Parts Small Tools & Shop Sup 81.84, Nolz Dragline & Cons Contracted Construction 75,326.50, Oconnor Company Building Repairs & Maint 14.92, Olivier Miles Holtz Attorney Fees 948.10, Omaha Hardwood Lumb Program Activities 390.24, Oreilly Auto Parts Automotive/Small Equip 143.78, Pharmchem Testing Sup 1,113.45, Pine Meadows Com Welfare Rent 1,378.00, Pomps Tire Svc Truck Repairs & Maint 92.00, Prahm Construction Contracted Construction 117,140.00, Prestox Professional Svcs 58.00, Quail Hollow Town Welfare Rent 1,116.00, Rdo Construction Eq Hvy Equip Repairs & Maint 16.30, Reede Construction Contracted Construction 264,244.80, Reynolds Law Attorney Fees 454.65, Risty, Maxine J Court Reporters 158.80, Robert Olson Extradition & Evidence 224.00, Salem, Karla R Bd Evals Minnehaha 1,150.00, Sanford Hospitals 150,000.00, Sanford Clinic COVID Exps 1,813.84, Short Elliott Hend Architects & Engineers 12,267.00, Sioux Falls City Water - Sewer 639.81, Sioux Falls Housing Welfare Rent 1,220.00, Sioux Falls Rubber Office Sup 23.45, Sioux Falls Woman Advertising 595.00, Snoozy, Scott Welfare Rent 400.00, Southeastern Behav Professional Svcs 2,700.00, State of SD Amts Held Daily Scram 1,650.00, State of SD Amts Held Remote Breath 1,788.00, State of SD Automotive/Small Equip 2.00, State of SD Data Coms 255.00, State of SD Inmate Sup 5,431.40, State of SD Notary Exp 30.00, State of SD Professional Svcs 173.00, State of SD Sign Supply Inventory 60.48, State of SD Telephone 50.00, Summit Food Svc Board Of Prisoners Meals 27,731.35, Summit Food Svc Child Care Food 1,083.18, Summit Food Svc Inmate Sup 224.25, Summit Food Svc School Lunch Program 1,585.38, Swingen Construction Contracted Construction 78,782.94, Tegra Group Architect, Engineers, and PM 18,000.00, Terrones, Jared Investigators Exps 70.98, The Bluffs At Willow Welfare Rent 620.00, Thomson Reuters Legal Research 761.61, Timberline Apt Welfare Rent 500.00, Tri-State Nursing Professional Svcs 1,099.00, True Care Family Pharmacies 115.00, Tzadik Sioux Falls Welfare Rent 500.00, Tzadik Taylors Place Welfare Rent 500.00, Uline Inmate Sup 1,307.10, Uline Other Sup 24.00, Weerheim Law Bd Exp Fees Minnehaha 6,213.00, Weerheim Law Crisis Intervention Program 76.00, West Pointe Welfare Rent 1,181.51, Wilkison Properties Welfare Rent 1,600.00, Windsor Heights Apt Welfare Rent 518.00, Xcel Energy Electricity 4,463.27, Xcel Energy Welfare Utilities 798.96, Yankton County Return Of Svc 200.00, Yellow Cab COVID Exps 173.45, Yellow Cab Transportation 22.00.

REPORTS

The Children’s Inn Monthly Comparable Statistics for May 2017-May 2020 and the May 2020 Juvenile Detention Center Report were received and placed on file in the Auditor’s Office.

PERSONNEL

MOTION by Beninga, seconded by Heiberger, to approve the following personnel changes.  4 ayes.

Promotions

1. Sebastian Acuna Acosta, Correctional Officer for the Jail to Deputy Sheriff for the Sheriff’s Office, at $23.71/hour (17/1) effective 6/27/2020.

Step Increases

1. Corey Heise, Correctional Officer for the Jail, at $23.71/hour (13/9) effective 4/16/2020.

2. Mason Braun, Sergeant for the Sheriff’s Office, at $39.83/hour (20/16) effective 6/4/2020.

ABATEMENT

Upon the recommendation of Chris Lilla, MOTION by Beninga, seconded by Barth, to approve the following abatement: Parcel ID #90481, Paul Fick Homes Inc, 615 E Tan Tara Circ, 2019 Property Taxes in the amount of $4,291.42. By roll call vote: 4 ayes.

LIEN COMPROMISE

Carol Muller, Commission Administrative Officer, gave a briefing on an application for a compromise of lien for DPNO 61553 in the amount of $2,842.20. The lien represents Public Defender and Poor Relief services provided to the applicant between December 2006 and May 2014. The applicant was in the process of purchasing a home and needed to resolve the lien before moving forward with the purchase. The compromise request was to release the lien in full upon payment of $500.00 or less. Commissioners spoke in favor of compromising the lien for the amount of the Public Defender services. MOTION by Heiberger, seconded by Barth, to approve Resolution MC20-47. By roll call vote: 4 ayes.

RESOLUTION MC20-47

WHEREAS, a County Aid Lien in the amount of $2,842.20, purports to exist in favor of Minnehaha County, and against DPNO 61553 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 DPNO 61553 in full upon payment of $195.00.

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

Dated at Sioux Falls, South Dakota, this 23rd day of June, 2020.

APPROVED BY THE COMMISSION:

Jean Bender

Chair

ATTEST:

Olivia Larson

Deputy Auditor

REZONING HEARING

David Heinold, Planner II, was present for the public hearing and gave the second reading of an amendment to Ordinance MC16-90, the 1990 Revised Zoning Ordinance. The amendment, Rezone #20-02, is to rezone from an A-1 Agriculture District to a C Commercial District for the property legally described as Tract 3 Wold Tracts (Ex H-1) in the NW1/4 NW1/4, Section 27-T103N-R49W, Minnehaha County, SD, located to the south of the South Dakota State Highway 115 and the County Highway 122 intersection, 4.5 miles south of Baltic at 25406 475th Ave. The property is a parcel of land that is approximately 1.29 acres. The petitioner is Midway Services Inc. The property owner is Bruce Vollan. The rezoning request was to allow for the expansion of the existing business located on Tract 1A, Wold Tracts. The property meets the criterion of the Envision 2035 Minnehaha County Comprehensive Plan by allowing commercial uses to be located in existing rural service areas at the intersection of a State and County highway. The rezone was unanimously recommended for approval by the Planning Commission on May 18, 2020. No one spoke in opposition. Todd Ibis, Midway Service Controller, 1600 W Wicklow Ln, Sioux Falls, was present for the hearing and introduced himself to the Commission. MOTION by Beninga, seconded by Barth, to approve Ordinance MC16-165-20, an amendment to Ordinance MC16-90, the 1990 Revised Zoning Ordinance, for Rezone #20-02 on property legally described as Tract 3 Wold Tracts (Ex H-1) in the NW1/4 NW1/4, Section 27-T103N-R49W, Minnehaha County, SD. By roll call vote: 4 ayes. The entire ordinance is on file and available at the Minnehaha County Auditor’s Office.

BRIEFING

Scott Wick, President & CEO of the Sioux Empire Fair Association, via teleconference, gave a briefing on plans for the 81st Annual Sioux Empire Fair. Measures are being taken to account for COVID-19 concerns such as hand sanitizer dispensers, disinfecting solution, and extra hand washing stations. There will be no 4-H events, and the grandstand will only have entertainment for five or six nights instead of the normal eight. Commercial exhibitor applications are down this year.

Bob Litz, Auditor, gave a briefing on the formation and plan of the Absentee Ballot Taskforce. The following four members have been identified: Kea Warne, South Dakota Secretary of State’s Office; Sue Roust, former Minnehaha County Auditor; Deb Elofson, Minnehaha County citizen with Election Review Committee experience; and Curt Soehl, City of Sioux Falls City Council Member. Two more members are being sought for the taskforce. A series of three taskforce meetings are tentatively expected to begin in July 2020 with a final report being presented by the end of August 2020.

VEHICLE PURCHASE

Jason Gearman, Emergency Management Director, requested approval for the purchase of one 2020 Chevy Silverado 2500 off of the South Dakota State Bid, Contract #17342, from Lamb Chevrolet, Vendor #12037702, at a cost of $31,339.00. The cost of the vehicle would be paid through the Emergency Management approved FY2020 budget. MOTION by Barth, seconded by Beninga, to approve the purchase of one 2020 Chevy Silverado 2500 off of the South Dakota State Bid, Contract #17342, from Lamb Chevrolet, Vendor #12037702, 18500 US-83, PO Box 27, Onida, SD, 57564, at a cost of $31,339.00. By roll call vote: 4 ayes.

BRIEFING

Mark Kriens, Facilities Director, gave a briefing on the structural deterioration of the Bridlewood Barn at the W.H. Lyon Fairgrounds. Due to the collection of moisture at the base of the columns on the barn, the wood rotted away and no longer provides structural support. Options provided for consideration were repair of the current structure, demolition and removal, tent rental, replacement and build new, and revenue estimates of a pole building. Commissioners agreed that the building should be demolished.

SURPLUS

Carol Muller, Commission Administrative Officer, requested the Bridlewood Barn at the W.H. Lyon Fairgrounds be declared surplus for the purpose of destruction. The structure is no longer stable and the siding has rotted. The cost to repair the columns would be over $100,000.00, which does not include the rotted siding. The structure would be torn down prior to the 2020 Sioux Empire Fair to ensure it is not a safety concern. MOTION by Barth, seconded by Beninga, to declare the Bridlewood Barn located at the W.H. Lyon Fairgrounds as surplus for the purpose of destruction. By roll call vote: 4 ayes.

LIAISON REPORTS

Commissioner Barth reported on the June 22, 2020, Planning Commission Meeting. The expansion of the Moody County Dairy’s concentrated animal feeding operation (CAFO) and the expansion of an equestrian development on Highway 115 were approved. Commissioner Barth spoke on concerns regarding the level of nitrates in the river.

Commissioner Heiberger reported on regular meetings with Court Administration and Erin Srstka, University of South Dakota Community Projects Director, regarding the Safety & Justice Challenge Grant and court processes. The court system’s updated bond schedule due to COVID-19 will remain in effect for now. Pretrial Services is encouraging attorneys to get accurate phone numbers for their clients. The group regularly discusses the budgeting of the grant funds to ensure appropriate use of the funds.

NEW BUSINESS

Commissioner Barth commented on funding the County will receive through the CARES Act and inquired about the use of funds at the fairgrounds. Commissioner Bender reported on attending the June 22, 2020, press conference where it was announced by the Governor that up to $13 million will be made available to the County for COVID-19 related expenses.

OLD BUSINESS

Commissioner Barth reported on three complaints he received regarding customer service at the Treasurer’s Office. Commissioner Bender spoke on the attempts made to work with the Treasurer’s Office to improve customer service and the rejection of those attempts by the Treasurer. Commissioner Heiberger reported the City of Sioux Falls has also received complaints about the Treasurer’s Office. Through the Commission Office, a kiosk for license plate tag renewal is expected to be installed at the County Administration Building this week.

MOTION by Barth, seconded by Heiberger, to recess the Minnehaha County Commission Meeting at 10:14 a.m.  4 ayes.

MOTION by Barth, seconded by Beninga, to reconvene the Minnehaha County Commission Meeting at 10:20 a.m.  4 ayes.

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

MOTION by Heiberger, seconded by Barth, to adjourn.  4 ayes.

The Commission adjourned until 9:00 a.m. on Tuesday June 30, 2020.

APPROVED BY THE COMMISSION:

Jean Bender

Chair

ATTEST:

Olivia Larson

Deputy Auditor

Published at the approximate cost of $160.87

July 1, 2020

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