NOTICE OF PUBLIC PROGRESS HEARING
Minnehaha County
Workforce Training Expansion Project
February 5, 2013
Minnehaha County, on behalf of Southeast Technical Institute (STI), is in the process of expanding STI's commercial driver's license (CDL) training program. The project is partially funded by a $120,000 Community Development Block Grant from the U.S. Dept. of Housing and Urban Development. The grant was awarded by the South Dakota Governor's Office of Economic Development.
Minnehaha County will hold a public hearing to discuss the progress of the project and any concerns which may exist regarding the project. The hearing will be held at the Administration Building County Commission Room at 9:15 a.m., on Tuesday, February 5, 2013. The meeting is open to the public, and anyone interested in the progress of the project is welcome to attend.
Notice is further given to persons with disabilities that this hearing is being held in a physically accessible place and you must notify the above mentioned office within 48 hours of the public hearing if you have special needs for which this agency will make arrangements. Anyone who is unable to attend may submit written comments prior to the hearing to the following address:
Minnehaha County Commission Office
415 N. Dakota Avenue
Sioux Falls, SD 57104
ATTEST: Bob Litz, Auditor

THE MINNEHAHA COUNTY COMMISSION CONVENED AT 9:00 A.M. January 22, 2013 pursuant to adjournment on January 15, 2013. Commissioners present were: Barth, Beninga, Heiberger, Kelly, and Pekas. Also present were Cindy Jepsen, Deputy Auditor, and Kersten Kappmeyer, Deputy State's Attorney.
Chairman Beninga called the meeting to order.
MOTION by Heiberger, seconded by Barth, to approve the agenda. 5 ayes.
MOTION by Kelly, seconded by Barth, to approve the January 15, 2013 Commission Minutes with a correction regarding the motion on the Minnehaha County Policy as it relates to petition gatherers. The correction will reflect the following: "MOTION by Kelly, seconded by Barth, to ban all petition gathering inside the County Administration Building. Motion by Barth, seconded by Kelly to defer this issue for one week. 4 ayes." Vote on motion to approve the minutes with the correction. 5 ayes.
VOUCHERS TO BE PAID
MOTION by Barth, seconded by Pekas, to approve the following bills totaling $493,619.33. 5 ayes.
A & B Business Equip Jail 699.55, A To Z World Languag Courts 1,355.00, A+ Partners Dba Sheriff 131.00, All Tune & Lube Hwy Constr 770.00, Allied Oil & Tire Co Hwy Constr 295.00, Amiotte Law Pc Courts 1,728.08, Anesthesia Physician Human Svcs 128.00, Appeara / Dudley Lau Hwy Constr 31.48, Atssa, Inc. Var. Depts 600.00, Avera Health Informa Public Def 56.48, Avera Health Plans Expenses 1,671.00, Avera Mckennan Hospi Var. Depts 22,203.32, Bamsey, Irene Human Svcs 500.00, Beckman Investments Human Svcs 500.00, Belitz, Clarence H / Human Svcs 900.00, Benson, Charles Human Svcs 490.00, Berg, Bob Human Svcs 500.00, Billion's Hwy Constr 22,764.53, Bk Holdings, Llc. Human Svcs 550.00, Black Inc Mus Entpr 545.00, Blackburn & Stevens, Mental Ill 757.60, Boyer Trucks Sioux F Hwy Constr 601.16, Bradfield, Matt Dba Jdc 70.00, Broadmoor Properties Human Svcs 450.00, Brown & Saenger Var. Depts 815.54, Bultje, Erwin Human Svcs 600.00, Bureau Of Informatio Var. Depts 1,492.25, Carper, Nichole A Courts 243.67, Cbm Managed Services Var. Depts 9,345.63, Center For Family Me Human Svcs 3,300.00, Century Business Lea Sheriff 148.91, Century Business Pro Var. Depts 381.45, Certified Languages Courts 29.70, Cliff Avenue Auto Pa Hwy Constr 133.76, Cody, Denise Mental Ill 30.00, Coffee King, Inc. Mus Entpr 67.50, Cole Papers, Inc. Var. Depts 1,149.46, Columbia Dam Llc Human Svcs 320.00, Com-Tec Security, Ll Jail 16,473.00, Constellation New En Facilities 19,695.99, Counseling Resources Courts 900.00, Country Meadows Apts Human Svcs 974.00, Country View Mhc Human Svcs 320.00, Crisp, Mark Human Svcs 500.00, Criterion Prop Mgmt Human Svcs 425.00, Dacotah Paper Co. Mus Entpr 51.63, Dale Carnegie Traini Hwy Admin 1,595.00, Decastro Law Office, Courts 2,222.20, Dell Rapids Ambulanc Coroner 201.60, Djm Properties & Inv Human Svcs 600.00, Dobberpuhl, Randy Safe Home 45.51, Downtown Sioux Falls Mus Entpr 215.52, Dubuque County(Ia) Cl Public Def 22.00, Dynamite Enterprises Human Svcs 500.00, Ebert's Properties, Human Svcs 515.00, Eggert, Amber Public Def 23.60, Electric Constructio Mus Maint 139.79, Electric Innovations Facilities 1,340.00, Elite Business Syste Human Svcs 3,478.47, Emdeon Business Serv Human Svcs 39.95, Empire Plastics Mus Entpr 141.50, Erpenbach, John E Mental Ill 180.00, Etc/Expo For Her Mag Mus Ops 350.00, Family Service Inc Expenses 260.00, Feinstein, Sheryl G Courts 400.00, First Premier Bank Sheriff 100.70, Frantzen, Paige Human Svcs 64.80, George, Aaron Human Svcs 400.00, Grainger, Inc. Hwy Constr 26.61, Great Plains Psychol Courts 1,455.00, Guzman, Sandra V. Var. Depts 400.00, Haiar, Kevin G Human Svcs 400.00, Harper Point Llc Human Svcs 500.00, Hava House Llc Human Svcs 700.00, Heimdal, Marie Ann Courts 288.80, Heritage Apartments Human Svcs 102.00, Hewlett-Packard Comp Hwy Admin 953.00, High Point Networks Jail 365.75, Hoekstra, Denise A. Courts 353.60, Holiday Mobile Home Human Svcs 329.09, Home Federal Savings Human Svcs 453.30, Howalt-Mcdowell Insu Var. Depts 100.00, Howe Heating & Plumb Var. Depts 1,974.50, Hunt, Jamie Mus Entpr 150.00, Hy-Vee Accounts Rece Human Svcs 521.90, Interstate All Batte Sheriff 164.50, Interstate Arms Corp Jag Grants 5,121.00, Interstate Office Pr Var. Depts 3,607.38, Iret Properties Human Svcs 200.00, Isi Llc Courts 160.00, Jcl Solutions-Janito Hwy Admin 178.00, Je Llc Human Svcs 326.00, Jefferson Partners L Human Svcs 2,451.00, Jgr Partnership Human Svcs 500.00, Johnson, Donald E Sheriff 1,260.00, Kalenze, Jolene Mus Store 90.00, Karl's, Inc. Safe Home 771.00, Kilpatrick, A Teresa Public Adv 53.25, Koistinen, Jason Mental Ill 2,451.80, Kone, Inc. Var. Depts 9,993.18, Krueger Excavating, Facilities 2,327.50, Kunkel, Parker J Human Svcs 200.00, Lamar Companies Mus Entpr 3,965.00, Language Line Servic Public Def 143.11, Larson, Jeff Courts 637.65, Lassegaard, Samuel C Human Svcs 700.00, Leaf Inc. Var. Depts 208.75, Lewno, Lucy Mental Ill 300.90, Malloy Electric Bear Hwy Constr 65.81, Mcgowan, Aaron F St Atty 680.80, Med-Star Paramedic I Coroner 300.00, Mehlhaff, Jon W Human Svcs 600.00, Menards - East Var. Depts 122.16, Metro Communications Var. Depts 176,911.68, Midamerican Energy C Jdc 2,140.25, Mikelson, Gary E Mental Ill 202.10, Miller Funeral Home, Human Svcs 2,250.00, Mills & Miller Inc Hwy Constr 7,957.18, Monick Pipe & Supply Facilities 1,032.72, Multi-Cultural Cente Courts 481.25, Murray Properties, L Human Svcs 460.00, National Direct Ligh Mus Maint 840.00, New World Systems Var. Depts 2,222.18, Newcomb, Mary - Wood Human Svcs 510.00, Nguyen, Lam Courts 100.00, Nguyen, Quang D Human Svcs 400.00, Northern Safety Tech Hwy Constr 184.59, Northern Truck Equip Hwy Constr 6,230.00, Nyberg's Ace Hardwar Courts 9.28, Painter, Steven L Human Svcs 300.00, Palmer, Barbara Mental Ill 3,577.50, Pennington County Ja Jail 5,496.35, Peters, Scott N Pc Mental Ill 14,565.00, Petersen, Miranda St Atty 67.34, Pheasantland Industr Sheriff 25.00, Pine Knoll, Inc. Human Svcs 235.00, Pine Meadows/Univers Human Svcs 488.20, Pollard & Larson Llp Mental Ill 246.00, Prostrollo, Casey D Human Svcs 400.00, Quail Hollow Townhou Human Svcs 450.00, Qualified Presort Se Mus Ops 480.50, Quality Efficiencies Human Svcs 415.00, Queen City Wholesale Mus Entpr 42.89, Rac Rentals Llc Human Svcs 800.00, Rdo Equipment Co. Hwy Constr 100.37, Record Keepers, Inc. Courts 2,715.36, Risty, Maxine J Courts 160.06, Rosenbauer/ Central S Em Mgmt 26.84, Sanford Health Plan- Expenses 2,254.63, Sanford Hospital Var. Depts 5,476.05, Sanford Hospital - R Human Svcs 315.00, Sanford Occupational Hwy Admin 73.00, Schrader, Alvan L Db Human Svcs 550.00, Schulte Law Office Courts 1,366.20, Sd Dept Of Public Sa Human Svcs 70.00, Sd Div Of Criminal I Human Res 43.25, Sd Human Services Ce Courts 600.00, Sd One Call Facilities 8.40, Sd State Bar Public Def 290.00, Sd State Election Co Facilities 40.00, Sdn Communications Var. Depts 1,020.00, Security Labs, Ltd Info Tech 325.00, Sf Family Vision Human Svcs 114.97, Shepherd Reporting L Mental Ill 151.25, Sherwin Williams Facilities 73.92, Shi, International C Var. Depts 1,567.04, Shipley's Laundry & Mus Entpr 82.40, Simon, Anthony (Or) Commission 70.00, Sioux Falls City Fin Var. Depts 15,548.93, Sioux Falls Humane S Humane Soc 3,741.92, Sioux Falls Two Way Hwy Constr 139.96, Sioux Falls Utilitie Var. Depts 2,680.17, Sioux Valley Energy Hwy Constr 128.99, Solomon, Ghirmay Courts 100.00, Sorenson, Timothy G Human Svcs 500.00, Southeastern Behavio Mental Ill 19,187.28, Splitrock Ltd Ptnrsh Human Svcs 500.00, Strum, Steve A Human Svcs 500.00, Sungard Public Secto Info Tech 6,965.58, Surgical Institute** Human Svcs 771.50, Swanda, Karen Mental Ill 30.00, Szameit, Alexandra Courts 75.00, Thorin, Deyanira T Courts 292.50, Thurman, Creighton A Mental Ill 367.95, Tires,Tires,Tires In Var. Depts 62.96, Titze's Auto Repair Jail 77.50, Tri-State Battery Co Hwy Constr 61.88, Ulteig Hwy Constr 300.00, United Rentals, Inc Hwy Constr 250.00, Us Postal Service Mus Store 250.00, Variety Foods Llc Safe Home 321.23, Vash Properties Human Svcs 498.00, Voigt, Debra Courts 344.40, Volunteers Of Americ Var. Depts 6,066.22, Wal-Mart Pharmacy #1 Human Svcs 522.70, Wali, Khadija M. Courts 95.82, Weerheim, Tom Courts 1,418.60, West Group Public Def 2,060.88, Westport Apts/ Westpo Human Svcs 500.00, Wheelco Brake & Supp Hwy Constr 699.16, Xcel Energy, Inc. Var. Depts 6,325.10, Yellow Cab Inc Human Svcs 38.68

REPORTS
The Register of Deeds Official Statement of Revenue Collected during December 2012 and the Minnehaha County Regional Juvenile Detention Center report for December 2012 were received and placed on file in the Auditor's office.
PERSONNEL
MOTION by Pekas, seconded by Barth, to approve the following personnel changes. 5 ayes.
1. To hire Megan Glass as Legal Office Assistant (10/1) for the State's Attorney's Office at $14.542/hour effective 1/16/13.
2. To hire Adam Gonnerman as Deputy Sheriff (16/2) for the Sheriff's Office at $20.046/hour effective 1/22/13.
3. To hire Jerome Krumm as Highway Maintenance Worker (12/2) for the Highway at $16.453/hour effective 1/22/13.
4. To hire Greg Schmit as part-time Correctional Officer in Training (12/1) for the 24/7 Program at $16.052/hour effective 1/17/13.
5. To hire Marcella Seaman as part-time Corrections System Operator (9/3) for the Jail at $14.542/hour effective 1/26/13.
6. To promote Daniel Haggar from Deputy Public Defender to Senior Deputy Public Defender (22/1) for the Public Defender's Office at $2,210.72/bi-weekly effective 1/19/13.
7. To promote Scott Hildebrand and Lorna McDermott from Correctional Officer in Training to Correctional Officer (13/1) for the Jail at $16.864/hour effective 1/23/13.
8. To begin EMT specialty pay for Steven Lutter, Deputy Sheriff for the Sheriff's Office, effective 1/19/13.
Step Increases Due:
1. Roger Stansell - Highway Maintenance Supervisor - Highway - 19/8 to 19/9 - 1/17/13 - $27.634/hour
2. Cara Sambo - Caseworker I - Human Services - 16/3 to 16/4 - 1/19/13 - $21.061/hour
3. Mark Kadi - Senior Deputy Public Advocate - Public Advocate's Office - 22/12 to 22/13 - 1/20/13 - $2,973.20/bi-weekly
4. Sara Jean Baptiste - Senior Deputy Public Defender - Public Defender's Office - 22/3 to 22/4 - 1/22/13 - $2,380.72/bi-weekly
5. Michael Miller - Chief Deputy Public Defender - Public Defender's Office - 25/1 to 25/2 - 1/17/13 - $3,047.52/bi-weekly
6. Aaron Salberg - Senior Deputy Public Defender - Public Defender's Office - 22/4 to 22/5 - 1/28/13 - $2,440.24/bi-weekly
7. Janet Eden - Legal Office Assistant - State's Attorney's Office - 10/8 to 10/9 - 1/20/13 - $17.718/hour
8. Donette Kelley - Correctional Officer - Jail - 13/15 to 13/16 - 12/21/12 - $24.255/hour
9. Scott Hacking - Correctional Officer - Jail - 13/15 to 13/16 - 1/8/13 - $24.425/hour
10. Julie Tighe - Correctional Officer - Jail - 13/13 to 13/14 - 1/3/13 - $23.248/hour
11. Terra Selle - Correctional Officer - Jail - 13/10 to 13/11 - 12/30/12 - $21.588/hour
12. Joel Mueller - Correctional Officer - Jail - 13/9 to 13/10 - 1/10/13 - $21.061/hour
13. Debra Hendrix - Corrections System Operator - Jail - 9/12 to 9/13 - 12/27/12 - $18.615/hour
14. Patricia Hughes - Corrections System Operator - Jail - 9/12 to 9/13 - 1/12/13 - $18.615/hour
15. Diane Johnson - Corrections System Operator - Air Guard - 9/16 to 9/17 - 12/27/12 - $20.548/hour
16. Elliott Crayne - Deputy Sheriff - 24/7 Program - 16/10 to 16/11 - 1/27/13 - $25.035/hour

ABATEMENTS
MOTION by Barth, seconded by Pekas, to approve a 2012 property tax abatement for the City of Hartford, ID #'s 83029 & 83030, $330.00, representing tax exempt property. 5 ayes.
MOTION by Barth, seconded by Heiberger, to approve a 2012 property tax abatement for the State of South Dakota Game Fish & Parks, ID # 14063, $183.85, representing tax exempt property. 5 ayes.
MOTION by Heiberger, seconded by Barth, to approve a 2012 property tax abatement for the City of Sioux Falls, ID #'s 11469, 12363, 12364, 12365, 12366, & 12367, $2,081.26, representing tax exempt property. 5 ayes.
MOTION by Pekas, seconded by Heiberger, to deny a 2012 property tax abatement for Coletta Bly, ID # 13165, $647.02, due to a failure to file for the Elderly Assessment Freeze by the April 1st filing deadline, after she was made aware of that deadline by the Treasurer's Office. 5 ayes.
MOTION by Barth, seconded by Heiberger, to approve 2012 property tax abatements for Milton Lathrop, ID # 17093, $1,057.99; Sharon Bahr, ID #59199, $1,357.81; Donald Branson, ID #21173, $955.82; Eunice Lowe, ID #74793, $822.83, representing Elderly Assessment Freeze. 5 ayes.

NOTICES
Notice was received from Big Sioux Ducks Unlimited of their intent to conduct fund raising raffles during their fundraising event on February 23, 2013, Crooks Community Center, Crooks, SD.
Notice was received from the City of Sioux Falls of a public meeting for Downtown Sioux Falls Rail Yard Redevelopment Project at 5:30 p.m., Thursday, January 31, 2013, Sioux Falls Convention Center Exhibit Hall 2, 1101 N. West Avenue, Sioux Falls, SD. Chairman Beninga stated that he would be attending the meeting.
MOTION by Barth, seconded by Pekas, to authorize the Auditor to publish a Notice of Public Progress Hearing for Minnehaha County Workforce Training Expansion Project on behalf of SE Technical Institute's CDL Training Program at 9:15 a.m., Tuesday, February 5, 2013. 5 ayes.

LIEN COMPROMISE
Commissioner Pekas gave a briefing on a request for compromise of lien for DPNO 11186 in the amount of $3,403.25. The lien is for Public Defender and Court Appointed Attorney charges which began in 1982 when he was a juvenile, to 1996. The applicant was incarcerated between 1989 and 2010 and said he was not aware of the money he owed the County. The applicant is currently employed and lists assets of approximately $18,000 and liabilities of $7,342. He is requesting a compromise of the lien in full upon payment of $1,714. He wishes to clear his debt and have a fresh start in the community. MOTION by Pekas, seconded by Heiberger, to approve Resolution MC13-04. 4 ayes. Kelly voted nay.
RESOLUTION MC13-04
WHEREAS, a County Aid Lien in the amount of $3,403.25 purports to exist in favor of Minnehaha County and against DPNO 11186 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 Chairman of the County Board and the County Auditor to execute the following:
Compromise and release the lien in full upon payment of $1,714.
If payment is not made within one year from approval, this agreement is null and void.
Dated at Sioux Falls, South Dakota, this 22nd day of January, 2013.

APPROVED BY
THE COMMISSION:
Gerald Beninga
Chairman
ATTEST:
Cynthia Jepsen
Deputy County Auditor

Commissioner Pekas gave a briefing on a request for compromise of lien for DPNO 29039 in the amount of $2,343.87. The lien is for rent assistance, medications, poor relief, Public Defender and Court Appointed Attorney charges between 1992 and 2011. The applicant has been raising her sister's three children since 2000 to keep them from being separated and placed in foster care due to their mother's incarceration. A portion of the lien, in the amount of $1,070, is for a court appointed attorney services provided for her niece. The applicant has made payments in the amount of $840.40 and is asking for a compromise and release of the lien in full with no further payments. MOTION by Pekas, seconded by Barth, to approve Resolution MC13-05. 5 ayes.
RESOLUTION MC13-05
WHEREAS, a County Aid Lien in the amount of $2,343.87 purports to exist in favor of Minnehaha County and against DPNO 29039 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 Chairman of the County Board and the County Auditor to execute the following:
Compromise and release the lien in full with no payment.
Dated at Sioux Falls, South Dakota, this 22nd day of January, 2013.

APPROVED BY
THE COMMISSION:
Gerald Beninga
Chairman
ATTEST:
Cynthia Jepsen
Deputy County Auditor

PUBLIC COMMENT
Scott Ehrisman, Sioux Falls, SD, commented that the agenda for today's meeting was not posted on the county website and that the website contains an incorrect start time for commission meetings of 8:30 a.m. Ken McFarland, Commission Administrative Officer, reported that the commission meeting start time has been corrected to read 9:00 a.m. and that the agenda is typically posted on the doors of the Administration Building on Friday afternoon, as well as on the county website. He said he was not aware that this week's agenda was not posted on the website.

PRESENTATION
Bob Sutton, former President of the SD Community Foundation, presented the South Dakota Community Foundation's Wealth Transfer Report. The report is an analysis on the transfer of wealth from one generation to another over a ten and fifty year period. Mr. Sutton spoke on the importance of developing a strategy to retain the transfer of wealth within the state.
BID AWARD
DJ Buthe, Highway Superintendent, reported on the bid opening on January 16, 2013 for the Baltic Bridge Beam Procurement. Two bids were received from Cretex Concrete Products in the amount of $239,933 and from Gage Brothers in the amount of $203,107.04. On the recommendation of Mr. Buthe, MOTION by Barth, seconded by Pekas to award the bid for Project No. MC50-194-059-1, Baltic Bridge Beam Procurement to Gage Brothers in the amount of $203,107.04. 5 ayes.

BRIEFING
Pat Herman, Assistant Planning Director, gave a briefing on the establishment of a Joint Platting Jurisdictional Area by the City of Hartford with Minnehaha County. The joint area will allow the City of Hartford to ensure that land being subdivided and platted will conform to their future growth plans. The resolution establishing the area was approved by the City of Hartford on Tuesday, January 15, 2013 and will become effective February 13, 2013.

POLICY REVIEW
Pam Nelson, Treasurer, gave a briefing on the 2012 Minnehaha County's Investment Yield vs 4 Week T-Bill Benchmark Report, and on Minnehaha County's Investment Policy. Ken McFarland, Commission Administrative Officer, spoke on the distribution of the Bank Franchise Tax to Counties and Schools. Ms. Nelson reported that the County has a practice of using traditional banks for its deposits. Mr. Beninga stated he would like to have a policy stating that the County will only invest in traditional banks. Mr. Beninga asked Pam Nelson, Bob Litz, and Ken McFarland to review the investment policy and present any recommended revisions to the commission. The Commission concurred.

AGREEMENT
Carol Muller, Human Services Director, gave a briefing on a proposal from Caliber Creative to establish a graphic identity for Minnehaha County. The proposal contains the estimated fees for six core elements for creating a new brand. Should the County choose to proceed with all six elements of the proposal, it is anticipated the county will spend approximately $10,300. MOTION by Heiberger, seconded by Kelly to authorize the Chairman to sign the proposal from Caliber Creative for development of Minnehaha County Branding and Graphic Standards. 5 ayes.

GRANT
Ken McFarland, Commission Administrative Officer, reported that Minnehaha County has received notification of an additional financial allocation from the Council of Juvenile Services (CJS) to assist in the support of the local Juvenile Detention Alternative Initiative (JDAI) expansion to partner counties. The total amount of $25,000 will be used to promote collaboration, provide education, offer training, and assist in funding a pilot home detention project for Lincoln County. The recommended funding allocation for the grant is $20,000 for the Readiness and Planning Activities and $5,000 for the Lincoln County Home Detention Pilot Project. MOTION by Pekas, seconded by Heiberger to approve the grant application to the SD Council of Juvenile Services to expand the Juvenile Detention Alternative Initiative to Partner Counties. 5 ayes.

AGREEMENT
Ken McFarland, Commission Administrative Officer, gave a briefing on a contract with W. Haywood Burns Institute to conduct a community readiness assessment regarding addressing the disproportionate contact of minority youth with the juvenile justice system. This assessment is in conjunction with a grant from the Council of Juvenile Services to assist in the support of the local JDAI Disproportionate Minority Contact work plan implementation. MOTION by Pekas, seconded by Barth, to authorize the Chairman to sign the agreement between Minnehaha County and W. Haywood Burns Institute for an amount not to exceed $39,600. 5 ayes.

POLICY CHANGE (deferred from the January 15, 2013 meeting)
Ken McFarland, Commission Administrative Officer, gave a briefing on the current Minnehaha County Policy Regarding Petition Gatherers at Minnehaha County Facilities. The policy states that persons wishing to gather signatures for a ballot question on Minnehaha County property will abide by the following three guidelines: 1) Remain outside of county buildings and not obstruct individuals as they enter and exit the building. 2) Conduct themselves in a polite, courteous and professional manner. 3) In the case of severe weather, the Commission Administrative Officer may allow individuals collecting signatures to stand inside the Administration Building entry-way if they do not impede those entering and leaving the building. Mr. McFarland presented two proposed amendments based on the Commission's discussion during the January 15th commission meeting. The first proposed amendment contains a revision to guideline #1 by adding that the petition gatherers are to remain to the left or right of the doorway so as to not restrict/block the pathway in and out of the doorway, and it eliminates guideline #3. The second proposed amendment includes the revision to guideline #1 as in the first proposed amendment, but leaves guideline #3 in place. Mr. McFarland reported on the comments and suggestions he has received since this issue has been made public. The following people spoke in favor of leaving the policy as it is: Teresa Stehly, 1621 S. Van Eps Ave., Sioux Falls; Scott Ehrisman, 806 S. 10th Ave., Sioux Falls; Liz Muilenburg, 1209 S. Jefferson Ave., Sioux Falls; Judy Lampert, 2016 W. 22nd St., Sioux Falls; and Pat Anawski, 1813 S. Willow, Sioux Falls, SD. Bob Litz, Auditor, suggested the construction of an outside area for use by petition gatherers and during inclement weather, allow them to use a designated area in the lobby of the Administration Building. Pam Nelson, Treasurer, stated that she has received complaints about access to the building when petition gatherers are located in the entryway. Ms. Nelson suggested asking the Fire Marshall for his opinion on the use of the entryway by petition gatherers. Ms. Nelson also stated that she supports the initiative and referendum process and supports petitioners gathering signatures outside the building. MOTION by Heiberger, seconded by Pekas to leave the policy regarding petition gatherers as it is. Commissioner Kelly stated that there is a motion on the table that was deferred from the January 15th commission meeting. The motion was made by Kelly, seconded by Barth, to ban all petition gathering inside the County Administration Building. Commissioner Kelly made a substitute motion, seconded by Barth, to authorize the Chairman to appoint a committee to study the issues related to petition gatherers and report back to the commission in 90 days. 4 ayes. Heiberger voted nay. VOTE on the main motion to leave the policy regarding petition gatherers as it is. 5 ayes.

LEGISLATIVE UPDATE
Ken McFarland, Commission Administrative Officer, briefed the Commission on proposed legislation affecting county government.

OLD BUSINESS
Commissioner Kelly stated that he believes deferred items should be the first items scheduled under regular business. Chairman Beninga stated that commissioners can amend the agenda at the beginning of the meeting if they have an issue with the agenda order.

NEW BUSINESS
Chairman Beninga commented on the Sioux Falls day at the Legislature on February 12th and asked if there is any interest from commissioners to attend.
Commissioner Pekas commented on Senate Bill 70 and expressed concern regarding the portion of the bill that would extend the time felons could be sentenced to imprisonment within a county jail from 180 days to 365 days and the cost this will have to Minnehaha County.
MOTION by Kelly, seconded by Barth, to adjourn into Executive Session for contract negotiation and legal briefing. 5 ayes.
The Commission adjourned until 9:00 a.m. on Tuesday, January 29th, 2013.

APPROVED BY
THE COMMISSION:
Gerald Beninga
Chairman
ATTEST:
Cynthia Jepsen
Deputy Auditor

DELL RAPIDS CITY COUNCIL
MINUTES
Tuesday, January 22, 2013
at 7:30 p.m.
Mayor Fiegen called the meeting to order at 7:30 p.m. at the Dell Rapids City Council Chambers. The Pledge of Allegiance was recited and roll was taken finding the following Council Members present: Chad Andrews, Keith DeLange, Vice-President Craig Lauritzen, Jim Rueckert, David Sommerfeld (via teleconference), Todd Wiebenga and Mayor Scott Fiegen. Absent: Mark Downs and President Carrie Testerman.
Staff Present: Administrator, Justin Weiland, Finance Officer, LeAnn Kerzman, and City Attorney, Dean Hammer.
Approval of Agenda: Lauritzen moved and Andrews seconded the approval of the agenda. Motion carried unanimously.
Minutes: Wiebenga moved to approve the minutes of the regular meeting held on January 7, 2013. Rueckert seconded. Motion carried unanimously.
Claims Approved: Sommerfeld moved and Wiebenga seconded to approve the following claims as presented. Motion carried unanimously.
2012 Claims: Baumberger Vineyard, wine 240.00; Beal Distributing, malt 23,562.16; Cask & Cork, wine 135.00; City of Sioux Falls, testing 174.00; Dakota Beverage, malt 17,118.31; Dell Rapids Lumber, city shop maintenance 1251.43; DGR, engineering 11,523.30; Greg Hansen Construction, shop labor 4039.00; ICAP, transit 5383.96; Johnson Brothers Famous Brands, liquor 12,315.84; One Call of SD, locates 77.70; Republic National Distributing, liquor 8288.38; SD Dept of Labor, unemployment insurance 4.57; SD Dept of Revenue, taxes payable 198.36; Tender Lawn Care, snow removal 222.00; Xcel Energy, electricity 10,634.22.
2013 Claims: DakotaCare, health insurance 6348.78; Ed's Produce, gloves 72.00; LG Everist, salt sand 2032.38; SD DENR, certification 54.00; Verizon Wireless, telecommunications 109.41; Vogt, Brown, Merry & Hammer, retainer 1900.00.
Added or Increased Salaries - Library Personnel: Judi Webb has successfully completed her probationary period as Library Assistant and Director Huska requested approval to consider her as a permanent part-time employee. Sommerfeld moved to approve. Andrews seconded. Motion carried unanimously.
Weiland recommended the council approve the hiring of Rebecca Fritz as full-time Library Assistant at a rate of $9.00 per hour effective January 23, 2013. Lauritzen moved to approve. DeLange seconded. Motion carried unanimously.
Visitors to be heard: None.
Fire Department - Service Agreement: Weiland requested the council table action on the agreement as there is one issue that he prefers to clarify prior to consideration. Motion by Lauritzen to table. Wiebenga seconded. Motion carried unanimously.
Sioux Falls Humane Society - Contract Renewal: Weiland presented the annual contract renewal with the Sioux Falls Humane Society for animal control services. Service has been exceptional and cost effective. Wiebenga moved to approve the contract renewal as presented. Andrews seconded. Motion carried unanimously.
City Administrators Report - Weiland reported on the following:
• 15th Street Phase II - Community Access Grant application was denied with many inaccuracies within the denial letter.
• SD DOT Hwy 115 informational meeting was well attended. Closed access from I29 and removal of both bridges along the southern route would impede access for local businesses substantially. The state is aware and will work to coordinate access.
• Attorney retainer has been lowered due to less hours being utilized.
• LWCF grant for new playground equipment will be procured through an RFP process.
Claims Approved for Payment by Other Municipal Boards: 2012 Library Board Claims: Ingram Library Services, books 69.19 Integrated Business Solutions, computer maintenance 75.00; Video Plus, disc cleaning 104.00. 2013 Library Board Claims: Book Page, subscription 282.00; Creative Product Source, suckers 95.00; Ecowater Systems, rent 16.50; Ingram Library Services, books 76.53; Junior Library Guild, books 684.00; Micromarketing, book 38.00; Penworthy, books 359.21; Pumpkin Books, books 371.61; SD Discovery Center, exhibit 150.00.
Lauritzen moved and Wiebenga seconded to adjourn. Motion carried. Meeting adjourned at 8:08 p.m.
LeAnn Kerzman, Finance Officer

PUBLIC NOTICE
Under the Department of Transportation Capital Assistance Grant Programs for Rural Public and/or Special Transportation, City of Dell Rapids, PO Box 10, Dell Rapids, South Dakota 57022, presents notification of intent to purchase a vehicle. The proposed vehicle, a 14 passenger bus with wheelchair lift, will replace a vehicle that provides rural public and special transportation for elderly persons, persons with disabilities, youth and general public on a demand response basis.
Interested public or private transit or paratransit operators within the area are invited to comment on this proposal or to make a proposal to provide the necessary service by sending a written notice to City of Dell Rapids and the South Dakota Department of Transportation, 700 East Broadway Ave., Pierre, South Dakota 57501-2586, ATTN: Office of Air, Rail and Transit. Written notice and comments should be mailed no later than thirty (30) days following the appearance of this notice.
1405496 Jan. 30 & Feb. 6, 2013


Pro. 13-15
NOTICE TO CREDITORS
STATE OF SOUTH DAKOTA)
:SS
COUNTY OF MINNEHAHA)
IN CIRCUIT COURT
SECOND JUDICIAL CIRCUIT
In the Matter of the Estate of
VERA P. MUNK,
Deceased.
Notice is hereby given that on the 17th day of January, 2013, Dale D. Munk, whose post office address is 48048 245th Street, Dell Rapids, South Dakota, 57022, and Darwin L. Munk, whose post office address is 47960 250th Street, Garretson, South Dakota, 57030, were appointed as Personal Representatives of the Estate of Vera P. Munk, deceased.
Creditors of said 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 Representatives or may be filed with the Clerk of the above named Circuit Court, and a copy of the claim mailed or delivered to the Personal Representatives.
Dated this 17th day of January, 2013.
/s/ Darwin L. Munk
Darwin L. Munk -
Personal Representative
47960 250th Street
Garretson, South Dakota 57030
/s/ Dale D. Munk
Dale D. Munk -
Personal Representative
48048 245th Street
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
Representatives
1405274 Jan. 23, 30 & Feb 6, 2013


Pro. 13-11
NOTICE TO CREDITORS
STATE OF SOUTH DAKOTA)
:SS
COUNTY OF MINNEHAHA)
IN CIRCUIT COURT
SECOND JUDICIAL CIRCUIT
In the Matter of the Estate of
MILTON M. MERRY,
Deceased.
Notice is hereby given that on the 16th day of January, 2013, Stuart R. Merry, whose address is P. O. Box 954, Garrison, North Dakota, 58540, was appointed as Personal Representative of the Estate of Milton M. 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 16th day of January, 2013.
/s/ Stuart R. Merry
Stuart R. Merry -
Personal Representative
P. O. Box 954
Garrison, North Dakota 58540
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
1405254 Jan. 23, 30 & Feb 6, 2013

NOTICE OF VACANCY ON SCHOOL BOARD
DELL RAPIDS SCHOOL
DISTRICT NO. 49-3
The following school board positions will become vacant due to the expiration of the present terms of office of the following school board members.
Cindy Schuch - 3 year term
Matthew Weiland - 3 year term
Circulation of nominating petitions may begin on January 25, 2013 and petitions may be filed in the office of the business manager located at 1216 N. Garfield Avenue, Dell Rapids, SD 57022 between the hours of 8:00 a.m. and 4:00 p.m. central standard time not later than February 22, 2013 at 5:00 p.m., or mailed by registered mail not later than February 22, 2013, at 5:00 p.m.
/s/Barbara Littel
Business Manager

NOTICE OF VACANCY
MUNICIPALITY OF BALTIC, SOUTH DAKOTA
The following offices will become vacant due to the expiration of the present term of office of the elective officer:
Ward 1 Alderman, a three year term, currently held by Calvin Whiting; Ward 2 Alderman, a three year term, currently held by Ron Jenks; Ward 2 Alderman, a one year term, this term will complete the term of a resigned seat
Circulation of nominating petitions may begin on January 25th 2013 and petitions may be filed in the office of the finance officer located at 130 St. Olaf Avenue, Baltic, South Dakota between the hours of 9:00 a.m. and 5:00 p.m., central standard time not later than the 22nd day of February 2013.
Elaine C. Hendrickson
Municipal Finance Officer