THE MINNEHAHA COUNTY COMMISSION CONVENED AT 9:00 A.M., January 31, 2012 pursuant to adjournment on January 24, 2012. Commissioners present were: Barth, Pekas, Kelly, Heiberger, and Beninga. Also present were Cindy Jepsen, Commission Recorder, and Gordy Swanson, Chief Civil Deputy State's Attorney.
Chairman Kelly called the meeting to order.
MOTION by Heiberger, seconded by Barth to approve the agenda. 5 ayes.
MOTION by Beninga, seconded by Barth to approve the January 24th, 2012 minutes. 5 ayes.
VOUCHERS TO BE PAID
MOTION by Barth, seconded by Pekas to approve the following bills totaling $782,732.59 and January Salaries. 5 ayes.
A & B Business Equip, Var. Depts, 309.30; A-1 Septic Tank & Ex, Hwy Constr, 172.50; Allied Oil & Tire Co, Hwy Constr, 52.00; Amiotte Law Pc, Courts, 90.63; Anesthesia Physician, Human Svcs, 555.80; APWA, Var. Depts, 2,125.00; Arena Motel, Var. Depts, 1,550.00; Argus Leader, St Atty, 422.90; Around The Clock/Dra, JDC, 79.95; Arrow Ridge Townhome, Human Svcs, 500.00; At & T, Sheriff, 44.97; Automatic Building C, Mus Maint, 150.96; Avera Health Informa, Public Def, 77.70; Avera McKennan Hospi, Var. Depts, 28,344.45; Avera Medical Group, Mental Ill, 273.08; Avi Systems, Inc, Human Svcs, 2,078.00; Babinski Properties, Human Svcs, 490.00; Benefit Concepts Cob, Human Svcs, 356.42; Billion's, Jail, 718.39; Binger Law Office, Courts, 298.59; BK Holdings, Llc., Human Svcs, 350.00; Blickman, Dr Johan G, Courts, 4,807.00; Boulevard Investment, Human Svcs, 567.00; Braithwaite, Tacey E, Mental Ill, 127.50; Brennan Hill Townhou, Human Svcs, 500.00; Brown & Saenger, Var. Depts, 13,070.49; Bureau Of Informatio, Var. Depts, 865.73; Burnette, Cleota Rae, Human Svcs, 321.16; Butler Machinery Com, Hwy Constr, 419.06; Campbell Supply Co I, Hwy Constr, 41.99; Carlson, Lisa, Courts, 4,187.60; CBM Managed Services, Jail, 9,258.80; Center For Family Me, Courts, 192.00; Century Business Pro, Var. Depts, 424.79; Chapelwood Apts, Human Svcs, 500.00; City Glass & Glazing, Facilities, 1,365.00; City Of Humboldt, Human Svcs, 61.17; Cleveland Heights Ap, Human Svcs, 235.00; Cobra Today Total Ad, Human Svcs, 342.98; Coffee King, Inc., Mus Entpr, 61.50; Correct Care Solutio, Sheriff, 58,023.67; County Comm Inc, Em Mgmt, 256.00; Culligan Water Condi, Facilities, 95.00; Cutler & Donahoe Llp, Courts, 4,425.50; Dakota Data Shred, Facilities, 66.00; Dakota Diesel Servic, Hwy Constr, 53.88; Dakota Police & Spor, Em Mgmt, 60.00; Davies, Boone T, Human Svcs, 410.00; DirecTV, Hwy Admin, 92.99; Dobberpuhl, Randy, Human Svcs, 77.70; Dust Tex Service Inc, Mus Maint, 10.53; Ebert's Properties, Var. Depts, 2,260.00; Elite Business Syste, Human Svcs, 3,285.62; Emdeon Business Serv, Human Svcs, 39.95; Engbrecht, Roger, Human Svcs, 340.00; Epema, David, Human Svcs, 106.00; Family Vac, Mus Maint, 92.00; Federal Risk Pool, Human Svcs, 1,431.00; First Administrators, Human Svcs, 521.11; Furniture Outlets Us, Safe Home, 17,272.90; Goebel Printing, Inc, Treasurer, 1,615.50; Great Plains Psychol, Courts, 2,035.00; Guzman, Sandra V., Var. Depts, 230.83; Haj Inc Dba, Human Svcs, 169.00; Harmon, Karla, Mental Ill, 292.50; Heimdal, Marie Ann, Courts, 15.20; Hewlett-Packard Comp, Var. Depts, 4,887.42; HMN Hardware Inc, Hwy Constr, 28.62; Hoekstra, Denise A., Courts, 49.40; Horizon Agency Inc, Expenses, 4,491.96; Hy-Vee Accounts Rece, Human Svcs, 866.46; Infinisource, Human Svcs, 485.54; Interpreter Services, Courts, 100.00; Interstate Office Pr, Var. Depts, 5,546.59; Iret Properties, Human Svcs, 410.00; ISG Infrasys, Em Mgmt, 4,223.00; J & S Hospitality Db, Human Svcs, 170.00; James E Aiken & Asso, Public Def, 4,875.00; Jcl Solutions-Janito, Var. Depts, 137.60; John Morrell & Co-Co, Human Svcs, 805.79; Johnson Controls, In, Facilities, 546.50; Johnson, Allan R, Human Svcs, 295.00; Johnson, Darlene, Auditor, 29.63; Johnstone Supply, Facilities, 82.80; Kansas Dept Of Reven, St Atty, 6.00; Kennedy, Renee S, Courts, 102.60; Kone, Inc., Facilities, 8,896.74; Koopman & Sons Gas C, Hwy Admin, 423.00; Kraft, Andrew, Public Def, 235.16; Larson, Jeff, Courts, 418.20; Lcm Pathologists Pc, Var. Depts, 22,256.94; Leaf Inc., Var. Depts, 189.77; Lewis Drug Stores, Var. Depts, 5,552.37; Litz, Bob, Elections, 35.00; Ludoc Enterprises In, Var. Depts, 2,703.33; Mac's, Inc., Hwy Constr, 115.00; Madison County (NE)S, Public Def, 41.75; MCFVC-Minn Cnty Fami, St Atty, 10.00; Medical X-Ray Center, Human Svcs, 21.72; Menards - East, Var. Depts, 310.62; Meridian Grain Llc, Hwy Constr, 1,477.71; Metro Communications, Var. Depts, 452.00; MidAmerican Energy C, Em Mgmt, 623.50; Midwest Alarm Compan, Facilities, 187.20; Midwest Boiler Repai, Facilities, 72.22; Minn Cnty Human Svcs, Human Svcs, 132.06; Minn Cnty Museum Pet, Var. Depts, 61.87; Motorola Solutions, Hwy Constr, 4,957.50; Nasppg Insurance Ser, Public Def, 4,827.75; Nguyen, Lam, Courts, 25.00; Oconnor Company, Facilities, 1,050.00; Osborn, Roxane R, St Atty, 60.00; Overhead Door Compan, Facilities, 1,081.64; Pennington County Ja, Jail, 100.35; Peters Distributing, Sheriff, 958.00; Pfeifer Implement Co, Hwy Constr, 105.24; Presto-X-Company, Facilities, 180.00; Quality Efficiencies, Var. Depts, 820.00; Quest Engineering, I, Hwy Constr, 44.97; Risty, Maxine J, Human Svcs, 454.50; Roberts County Sheri, St Atty, 25.43; Rochester Armored Ca, Treasurer, 387.09; Rods Properties Llc, Human Svcs, 800.00; Rypkema, Diane, Dir Of Eq, 157.55; Saathoff, Eric, Extension, 23.68; Sanford Clinic, Human Svcs, 454.93; Sanford Health Plan-, Human Svcs, 1,274.48; Sanford Hospital, Var. Depts, 36,797.71; Satisfaction Plus In, EFSP Fund, 139.00; Schrader, Alvan L Db, Human Svcs, 500.00; SD Bd. Of Social Wor, Human Svcs, 65.00; SD Dept Of Public Sa, Human Svcs, 70.00; SD Dept Of Revenue, St Atty, 513.00; SD Div Of Criminal I, Human Res, 43.25; SD Human Services Ce, Public Def, 59.00; Sigler Fire Equipmen, Var. Depts, 104.50; Sioux Empire Fair As, Fair, 8,333.33; Sioux Falls Chamber, Human Svcs, 20.00; Sioux Falls City Fin, Var. Depts, 15,182.50; Sioux Falls Rubber S, Reg Deeds, 118.60; Sioux Falls Two Way, Sheriff, 58.49; Sioux Falls Utilitie, Var. Depts, 8,193.53; Sioux Valley Energy, Hwy Admin, 101.98; Solomon, Ghirmay, Courts, 260.83; Southeastern Behavio, Var. Depts, 46,261.68; Szameit, Alexandra, Courts, 335.00; Tazewell County (IL), St Atty, 20.50; Thorin, Deyanira T, Courts, 75.00; Thornton Carpets/Flo, Human Res, 2,762.92; Tires,Tires,Tires In, Var. Depts, 555.89; Tomacelli's Pizza, Courts, 82.18; Ultramax, Jail, 1,352.00; Verizon Wireless, Var. Depts, 6,252.50; Vogel Traffic Svcs I, Facilities, 260.32; Volunteers Of Americ, Var. Depts, 3,094.40; Wal-Mart Pharmacy #3, Human Svcs, 9.88; Waterbury Plbg Llc, Human Svcs, 88.78; Weerheim, Tom, Courts, 910.00; Westwick Motel, Inc., EFSP Fund, 650.00; Wiebesiek, Stacy L, Human Svcs, 24.50; Williams, Steve, Hwy Constr, 116.99; Wolf, John, Human Svcs, 300.00; Xcel Energy, Inc., Var. Depts, 932.48; Commission, Salaries, 26,139.32, Auditor, Salaries, 34,106.12; Treasurer, Salaries, 57,094.56, Information Tech, Salaries, 83,015.60; States Attorney, Salaries, 159,847.52, Public Defender, Salaries, 127,746.72; Public Advocate, Salaries, 28,302.56, Facilities, Salaries, 54,413.62; Equalization, Salaries, 91,348.21, Register Of Deeds, Salaries, 36,776.55; Human Resources, Salaries, 12,430.36, Sheriff, Salaries, 867,576.92; Juvenile Detention, Salaries, 144,830.93, Highway, Salaries, 103,610.59; Human Services, Salaries, 77,218.67; Museum, Salaries, 51,926.49; Planning, Salaries, 31,427.19; Extension, Salaries, 3,688.37
REPORTS
The Minnehaha and Lincoln County Economic Development Association 2011 Joint Annual Report was received and placed on file in the Auditor's Office.
PERSONNEL
MOTION by Barth, seconded by Heiberger, to approve the following personnel changes. 5 ayes.
1. To hire Allan Phillips as a STI Security Officer (13/2) for STI Security at $16.308/hour effective 2/6/12.
2. To hire Gwen Mortinsen as a part-time Safe Home Program Worker (9/1) for Safe Home at $13.058/hour effective 1/27/12.
3. To hire Joy West as a part-time Safe Home Program Worker (9/3) for Safe Home at $13.719/hour effective 1/23/12.
4. To hire Lynn Haagenson as a part-time Safe Home Program Worker (9/4) for Safe Home at $14.062/hour effective 1/29/12.
5. To move Craig Olson from Deputy Sheriff for the Sheriff's Office to Deputy Sheriff (16/9) for the Jail at $23.663/hour effective 2/4/12.
6. To record the removal of EMT specialty pay for Craig Olson, Deputy Sheriff for the Jail, effective 2/4/12.
7. To rescind the step increase of Jason Ingemansen, Air Guard Security Officer II for the Air Guard, from 13/12 to 13/13 effective 12/27/11.
Step Increases Due:
1. Kedra Ali - Custodian - Facilities - 6/3 to 6/4 - 1/12/12 - $12.126/hour
2. Jemal Dufo - Custodian - Facilities - 6/3 to 6/4 - 1/13/12 - $12.126/hour
3. Mason Braun - Deputy Sheriff - Sheriff's Office - 16/11 to 16/12 - 10/12/11 - $25.483/hour
4. Rodney Axsom - Deputy Sheriff Sergeant - Jail - 20/4 to 20/5 - 12/27/11 - $26.120/hour
PLANING & ZONING NOTICES
Pat Herman, Assistant Planning Director, was present for the first reading and requested authorization for the Auditor to publish Notice of Hearing to consider an amendment to the 1990 Revised Zoning Ordinance for Minnehaha County to rezone property legally described as that portion north and east of the Highway of the W1750' S800' (Ex the S485' W450' E1750') SE 1/4 in Section 35-T101N-R52W, from the I-2 Industrial District to the A-1Agricultural District. The property is located 9 miles southeast of Humboldt at the intersection of Co. Highway 159 and the Turner County Line. The property was zoned to PD Planned Development District Lake Shore Estates on May 18, 2007. Development on the site was never started and the property has since been repossessed and is now owned by Quoin Financial Bank. The petitioner is requesting that the property be down zoned to the original zoning of A-1 Agricultural. MOTION by Barth, seconded by Beninga, to authorize the Auditor to publish notice of a public hearing on February 21, 2012 at 9:00 a.m. at the Minnehaha County Administration Building. 5 ayes.
Pat Herman, Assistant Planning Director, was present for the first reading and requested authorization for the Auditor to publish Notice of Hearing to consider an amendment to the 1990 Revised Zoning Ordinance for Minnehaha County to rezone property legally described as Tract 1 Lake Shore Luxury Estates Addition SW 1/4 of Section 21-T101NR51 W from the PD Planned Development District to the A-1 Agricultural District. The property is located on the south edge of Wall Lake, west of the state boat ramp. On February 20, 2009, this property was rezoned from A-1 Agricultural to I-2 General Industrial to allow an ethanol plant on the property. The petitioner, Walt Bones, has decided against an ethanol plant and is requesting to downzone the property to A-1 Agricultural. MOTION by Heiberger, seconded by Beninga, to authorize the Auditor to publish notice of a public hearing on February 21, 2012 at 9:00 a.m. at the Minnehaha County Administration Building. 4 ayes. Barth voted nay.
Dustin Powers, Planner, was present for the first reading and requested authorization for the Auditor to publish Notice of Hearing to consider an amendment to the 2002 Revised Joint Zoning Ordinance for Minnehaha County to rezone property legally described as the NE 1/4 NW 1/4 Section 11-T101N-R50W from the A-1 Agricultural to the RS-1 Residential District. The property is located on the south side of W. Maple Street between Marion Road and Lamesa drive. The request is to rezone from A-1 Agricultural to RS-1 Residential for the future development of a middle school with an elementary school, park, and fire station coming to this location in the future. Since the property is in the joint jurisdiction area of Minnehaha County and the City of Sioux Falls, a public hearing is required at a joint city/county meeting. MOTION by Beninga, seconded by Pekas, to authorize the Auditor to publish notice of a public hearing on Tuesday, February 21, 2012, in the Carnegie Town Hall. 5 ayes.
COMMISSION MEETING START TIME
Ken McFarland, Commission Administrative Officer, presented information on the pros and cons of changing the start time of the County Commission Meetings. Commissioners discussed the option of holding at least one meeting per month in the evening as well as changing the starting time to 8:30 a.m. MOTION by Pekas, seconded by Beninga to move the commission meeting start time to 8:30 a.m. 3 ayes. Barth and Kelly voted nay. Ken McFarland stated a notice will be sent out of the meeting time change beginning with the February 28th meeting.
LEGISLATIVE BRIEFING
Robert Wilson, Assistant Commission Administrative Officer, gave a briefing on pending legislation that has a potential impact on county government.
Daren Ketcham from Metro Communications spoke on Senate Bill 174 that would increase the 911 emergency surcharge, revise the collection and distribution of the surcharge revenue, provide for point of sale collection of the prepaid wireless 911 emergency surcharge, and provide funding for the upgrade of 911 emergency services. MOTION by Barth, seconded by Pekas to authorize the Chairman to sign a joint letter of support for Senate Bill 174 from Minnehaha County, the City of Sioux Falls, and Metro Communications. 5 ayes.
Ken McFarland, Commission Administrative Officer, spoke on Senate bill 116 that would revise certain provisions relating to the township road system. Mr. McFarland was directed to send an email to the senate committee members and association lobbyists reminding them of the previous court ruling on this issue and urging their support of that ruling.
NEW BUSINESS
Commissioner Barth reported that on average 36 people per night are staying in the Salvation Army warming house and that the Homeless Advisory Board had made it a priority to provide a warming house next year.
OLD BUSINESS
Ken McFarland, Commission Administrative Officer, was directed to set the time and date for a short/long range planning session following the commission meeting on February 21st or 28th.
MOTION by Pekas, seconded by Barth to adjourn into Executive session for personnel discussions. 5 ayes.
The Commission adjourned until 9:00 a.m. on Tuesday, February 7, 2012.
APPROVED BY THE
COMMISSION:
_______________________
Chairman
ATTEST:
_________________________
Deputy Auditor
Published once at the total approximate cost of $133.23.
1370180 Feb. 8, 2012

MINUTES OF DELL RAPIDS PLANNING COMMISSION
Tuesday, January 24, 2012 -
7:00 PM
The regular meeting of the Dell Rapids Planning Commission was held at City Council Chamber on Tuesday, January 24, 2012 with the following members present: Chairman Bob Lamberty, Paul Zweifel, Charlie Pleskac, Roger Dearduff, Rod Pierson. Absent Darrell Donelan, Mike Kroger.
Chairman Bob Lamberty called the meeting to order at 7:00 p.m.
Motion by Pierson second by Dearduff to approve the October 25th, Planning Commission Minutes. Upon voice vote all members present voted aye. Motion carried.
Public Hearing 7:00 PM - Revised Official Zoning Map: Chairman Lamberty declared a public hearing to approve changes to the Official Zoning Map. Administrator Weiland explained that the Planning Commission and City Council approved a newly revised Zoning Ordinance that took effect in December. The new Zoning Ordinance altered the name of the Agriculture Zone to Natural Resource Conservation or NRC. It is necessary to update the Official Zoning Map to reflect this change. City Administration has also sent letters to three property owners notifying them of a proposed change in zone to their property. These proposed changes are to more accurately reflect the current land use of the particular property. The Dell Rapids School District was notified that the current elementary school property and the middle/high school property would be changed from the Agricultural zoned status to an R-1: Single Family Residential zone. Sanford Health Care Systems was notified that their Orchard Hills Assisted Living property would be altered from Agricultural to an R4: High Density Residential status. Rasmusson Properties was notified that the former Oddfellow's property would be altered from R1: Single Family Residential to R4: High Density Residential. Motion by Pleskac second by Pierson to recommend approval to the City Council the Revised Official Zoning Map for the City of Dell Rapids, recognizing the changes presented. Upon voice vote all members present voted aye. Motion carried.
Plat of Tract 1- 12th Street and Tract 2 - 14th Street: Plat was submitted to the Commission for approval in order to dedicate Tracts 1 - 12th Street and Tract 2 - 14th Street as public right of way. These two tracts represent the portion of the new Elementary School property that is to be dedicated as right of way for the purpose of turnarounds or hammerheads at the end of 12th and 14th Streets. Motion made by Pierson, Second by Pleskac to approve Plat of Tract 1-12th Street and Tract 2 - 14th Street of Dell Rapids Elementary School Addition, dedicating as Right of Way to the City of Dell Rapids. Upon voice vote all members present voted aye. Motion carried.
Setting Zoning Ordinance Related Fees: Administrator Weiland presented the Commission with a list of recommended fees related to Zoning related services. Discussion held by the Commission regarding justifications and actual departmental costs involved with each individual service. Administrator Weiland was instructed to conduct further research to be discussed at a future meeting. Motion made by Pierson seconded by Pleskac to table the issue of zoning related fees. Upon voice voted all members present voted aye. Motion carried.
Subdivision Ordinance Update: Toby Brown of SECOG was at the meeting to present a first draft of the revisions to the City's Subdivision Ordinance. Mr. Brown explained that SECOG's subdivision model attempts to streamline the development process to make the process more friendly for a developer. At the same time the new Subdivision Ordinance puts into place a set of Engineering Design Standards that each developer must follow in order to develop within Dell Rapids city limits. Mr. Brown instructed the Planning Commission to review the document for more in depth discussion at a later meeting.
Motion by Dearduff to adjourn. Seconded byPierson. Chairman Lamberty declared the meeting adjourned at 8:15 p.m.
_____________________
Justin Weiland
Zoning Administrator
__________________
Bob Lamberty
Chairman
Published once in the Dell Rapids Tribune at the approximate cost of $48.34.
1370164 Feb. 8, 2012

Pro. 12-12
NOTICE TO CREDITORS
STATE OF SOUTH DAKOTA)
:SS
COUNTY OF MINNEHAHA)
IN CIRCUIT COURT
SECOND JUDICIAL CIRCUIT
In the Matter of the Estate of
MARK A. VAN LIERE,
Deceased.
Notice is hereby given that on the 23rd day of January, 2012, Douglas Van Liere, whose address is 737 NE 3rd Street, Madison, South Dakota, 57042, was appointed as Personal Representative of the Estate of Mark A. Van Liere, deceased.
Creditors of the decedent must present their claims within four months after the date of the first publication of this notice or their claims may be barred.
Claims may be delivered to or mailed to the Personal Representative or may be filed with the Clerk of the Circuit Court, and a copy of the claim mailed or delivered to the Personal Representative.
Dated this 23rd day of January, 2012.
/s/ Douglas Van Liere
Douglas Van Liere -
Personal Representative
737 NE 3rd Street
Madison, South Dakota 57042
ANGELIA M. GRIES
Clerk of Circuit Court
Minnehaha County Courthouse
425 N. Dakota Avenue
Sioux Falls, South Dakota 57104
(605) 367-5900
Vogt, Brown, Merry & Hammer
P. O. Box 100
Dell Rapids, South Dakota
57022-0100
(605) 428-5444
Attorneys for Personal
Representative
Published three times at the total approximate cost of $53.83.
1369461 Feb. 1, 8 & 15, 2012

Pro. 12-11
NOTICE TO CREDITORS
STATE OF SOUTH DAKOTA)
:SS
COUNTY OF MINNEHAHA)
IN CIRCUIT COURT
SECOND JUDICIAL CIRCUIT
In the Matter of the Estate of
ERNEST D. MERRY,
Deceased.
Notice is hereby given that on the 19th day of January, 2012, Keith E. Merry, whose address is 408 N. Washington Avenue, Dell Rapids, South Dakota, 57022, was appointed as Personal Representative of the Estate of Ernest D. Merry, deceased.
Creditors of the decedent must present their claims within four months after the date of the first publication of this notice or their claims may be barred.
Claims may be delivered to or mailed to the Personal Representative or may be filed with the Clerk of the Circuit Court, and a copy of the claim mailed or delivered to the Personal Representative.
Dated this 19th day of January, 2012.
/s/ Keith E. Merry
Keith E. Merry -
Personal Representative
408 N. Washington Avenue
Dell Rapids, South Dakota 57022
ANGELIA M. GRIES
Clerk of Circuit Court
Minnehaha County Courthouse
425 N. Dakota Avenue
Sioux Falls, South Dakota 57104
(605) 367-5900
Vogt, Brown, Merry & Hammer
P. O. Box 100
Dell Rapids, South Dakota
57022-0100
(605) 428-5444
Attorneys for Personal
Representative
Published three times at the total approximate cost of $53.83.
1369460 Feb. 1, 8 & 15, 2012