The Employee for the month for Palisades Healthcare is Emily Ballinger, Licensed Nurse Practitioner (LPN). Ballinger is originally a Texan who then moved to California, which is where she met her husband and, not to put too fine a point on it, but he dragged her up this way.
Emily Ballinger
“We bought his grandpa’s farm, and actually his grandpa was a resident here,” Ballinger said.
“What we did out there was that we were actually firefighters,” she said. “Wildfire firefighters.”
Something like wildfire firefighting is most certainly an objectively dangerous, tough and rigorous job. Ballinger said that as firefighters they were often called to accident scenes as well, and acted as first responders for car crashes and other emergency situations.
“I think that’s what got me into wanting to try nursing,” she said. “Helping people in situations like that. When we came here to South Dakota, I went to Southeast Tech for my nursing degree and then worked at Sanford. Then I wanted to work a little closer to home and so I took the job at Palisades Healthcare and I love it. It was a real change of pace, and very different from the clinic, in that there, you just did as the doctor ordered and got the tasks done. Whereas here you’re kind of the resident or patients’ advocate, because we don’t have a doctor here all the time. So, you are in charge of their welfare. So, when you see something wrong or you notice something, you’re the one in charge of getting them the help they need.”
“I think the residents are what makes me love the job so much,” she said. “You build a real relationship with them. And everything and anything you do to help improve or brighten their day is wonderful, and it gives me a lot of satisfaction to be a part of that. I feel like we’ve just got good residents and good people here, they’re so kind to each other and it’s great to be a part of that. We’ve got a good staff too, and management has always been willing to help me out when I need it and that counts for a lot.”
When we asked Ballinger what she does for fun, she said that outside of work she has a four-year-old who takes up a great deal of her time, but that aside from that she and the family love spending time outdoors and she enjoys reading a good book, and is not picky on the genre as long as she enjoys the narrative.
July 26-28 Garretson hosted the 14-U State Baseball Tournament. The Tournament committee would like to thank all the groups/workers who provided their time to make this State Tournament a success:
*Post 23 Color Guard
*National Anthem Singers
*Ticket Takers
*T-Shirt Stand
*Program Stand
*Grill Operators
*Concession Stand Workers
*Field/Complex Workers
*Umpires
*Game Announcer
*Scoreboard Operator
*Game Book
*Game Changer
*American Flags Display
*Large American Flag Display
*8 Participating Teams
The committee received many positive comments about the tournament throughout the weekend and this wouldn't have been possible without your help! Lastly thankyou to the community of Garretson for your outstanding support of our Baseball Programs.
Sincerely State Tournament Baseball Committee Members
The Henry G. Fix Post 23 meeting opened on Thursday, July 11th at 7:52 pm. The meeting was opened by Commander Jon Schmidt with a salute to the Colors, POW/MIA observance, the Pledge of Allegiance, and Preamble to the American Legion Constitution. Chaplain Lampe offered the prayer. 12 members were present.
The minutes of the previous meeting were presented and approved. The finance and social reports were approved. Bills were approved for payment.
Service Officer report was given by Tony Grandy. He reported that no sympathy cards were sent this month. Joe Vandersnick mentioned his brother Tom recently got out of the hospital. Nancy Grandy is working on the August Post newsletter.
The membership report was given by Tony Grandy. He reported that our 2024 membership number ended up at 201 members. Great work by the go-getters. For 2025 we expect our goal to be 201 members. We currently have a total of 99 renewed members at this point. That puts us at 49.3% right out of the gate. This is largely due to individuals taking advantage of the 3-year renewal. Great teamwork by the Post and Go-getters to be at that current level. Nancy will pass out the membership cards to go-getters at the August meeting.
The adjutant reported that Deborah Stowe attended the Youth Trooper Academy. Bob is working to replace some of the worn flags for the holidays.
Legislative Officer Paul Evenson had no report. The color guard did not lead the Jesse James day parade due to inclement weather. Discussion took place about opportunities for a trailer to be used in future to allow members to ride in some events. Our color guard presented the flags during the Post Independence Day which was very well received. A motion passed to donate $100 to the Benton Howe Scholarship Foundation at the Pack the Park event.
Tony Grandy presented the baseball report. The Independence Day food event was a huge success. The adjutant read a letter of appreciation from Tom Godbey. We received many words of praise and thank you that day.
The bathrooms were discussed. Gary Lyngen has coordinated to have the bathroom work done mid to late August. The flagpole that Post 23 donated was installed at the softball complex on July 10th.
The Department Convention was held in Pierre from June 20th through June 23rd. The Garretson Post was very well represented. Nancy Grandy from Post 23 won the Department Legionnaire of the Year! Hats off to one of our own for making it to the top of the competition. Well-deserved recognition for Nancy and all she does every month!
Our next Post meeting will be Thursday, August 1st. It is our annual corn and chicken feed! The meal starts at 6:30 pm. The meeting will follow at 8 pm. Boys State, Girls State, Youth Trooper, Firefighter of the Year, Teacher of the Year, and baseball coaches are all invited! Our new Department Commander also plans to attend. The next Post breakfast will be July 28th from 9 am to 1 pm with pancakes served.
Josh Lampe asked if the Vietnam Veterans Poker Run could use the building on September 7th. A motion passed to allow for them to use our building for the Poker Run. Thank you cards were received from the South Dakota Community Foundation, the American Legion Foundation, and Ride 605 American Legion Riders for our donations.
The monthly raffle drawing took place. We drew for July. Winners were: Dan Bonte, Liz Bennett, Markus Nace, and Leroy Austin. Each will receive $150!
Commander Jon Schmidt closed the meeting with the usual ceremony at 9:01 pm.
Though they didn't make it to the final round of the 14U State Tournament, the Garretson 14U baseball team worked hard last weekend.
Gavin Coburn //Carrie Moritz, Gazette
The boys in blue took the lead against their opponents early, as they out-scored Clark 3-2 in the first inning. There, Chase Costello scored on a hard grounder from teammate Cade Risty, Risty scored on a single from Casen Smith, and Smith scored on a single from Blake Benson.
They snagged two more points at the bottom of the second when Colton Buchholz and Costello scored on a grounder by Risty, but Clark had taken the lead earlier in the inning with five. Now 5-7, Garretson had trouble getting past Clark's defense in the third and fourth innings. Clark widened the gap until Garretson worked on a comeback at the bottom of the fifth inning, scoring two when Wyatt Potter and Gavin Coburn crossed home plate. Unfortunately, Clark had the lead and kept it through the sixth and seventh, ending the game 7-10.
Costello led the team with two hits, a double, and two runs in five at bats, and Risty led with two runs batted in. On the mound were Buchholz, who struck out five, allowed seven hits, and walked two, and Benson, who struck out two, allowed four hits, and walked one.
Cade Risty //Carrie Moritz, Gazette
Now in the consolation bracket, Garretson faced off with Winner, and had a hard time getting past their opponents' outfield play. They lost 0-10 as Winner opened the game with one at the bottom of the 1st inning, gathered four points in the bottom of the second, and five in the fourth.
Potter had the best luck getting past Winner's defense, as he successfully hit two out of three at bats. Bence Bonte and Ty VanHolland each managed to sneak one past, while Smith had a double.
Casen Smith //Carrie Moritz, Gazette
Smith took pitching duties for the game, striking out one, allowing nine hits, and walking three.
Winner next lost to Ethan-Emery in a 0-10 game. Overall, the state tournament saw Freeman/Marion take the championship, winning 14-4 over Parkston.
Though the Garretson 14U boys baseball team did not make it into the final rounds of the 14B State Tournament held this past weekend, by several measures, the tournament was a success.
//Garrick A Moritz, Gazette
"I think the convenience stores had a bit of trouble keeping up with the demand for ice cream," said tournament organizer Kevin Steckler. He indicated that other businesses in town saw folks from the tournament visit their establishments, as well.
Eight teams participated in the tournament. Along with Garretson were Parkston, Freeman/Marion, Winner, Emery-Ethan, Britton, Baltic, and Clark. The final championship round came down to Freeman/Marion against Parkston, and Freeman/Marion won 14-4.
Mark Williamson //Garrick A Moritz, Gazette
"They were an excellent team," Steckler commented. "They were men playing a boys game."
Freeman/Marion outclassed every team they played, scoring ten points more than each of their opponents.
While the tournament committee said there were far too many people to name with regards to those who helped make the event a success, the Legion was a big part of that honor. On Friday, the Legion color guard helped with the opening ceremonies, and long-time Legion member Mark Williamson was honored during the opening ceremony, throwing the first pitch, wearing his old baseball jersey, made of wool in the 90 plus degree heat, with the Echo Theater team sponsor name stitched on the uniform.
“Great times, and some great baseball, then and now,” Williamson said.
The 16U baseball team started their postseason with a bang, winning over the Letcher Hawks on Monday in the opening game of the 16B Region 4 Tournament. Unfortunately, they took it on the chin when they took the field against Canistota/Freeman.
Garretson started the game with the Hawks in stellar style, with Carter Siemonsma catching a fly ball at shortstop on the first batter. Three batters later, Garretson caught a player attempting to steal third, then, second baseman Tyler Erickson caught another fly ball for the third out.
Cole Jessen
Staying in top form, first-at-bat Siemonsma tripled on a fly ball to left field, and scored when Erickson doubled on a fly to right field. Erickson got his point when teammate Cole Jessen grounded out to the shortstop.
Keeping the Hawks to zero at the top of the second inning, Garretson scored another point at the bottom of the inning when Dan Hoskins scored on an error by the shortstop.
Though the Hawks brought two across home plate in the third inning while Garretson was kept to zero, the team in blue stayed ahead. When the Hawks scored three more at the top of the fifth, Garretson matched them with three of their own, bringing the score to 6-5.
In the bottom of the 6th, Garretson was ready to claim their win when Noah Schotzko scored on a ground ball by teammate Erickson. The Hawks were unable to overcome Garretson's advantage in the top of the 7th, ending the game 7-5.
Siemonsma led in points scored with two, along with getting a triple, and Cole Jessen led the team with two runs batted in. Starting off on the mound was Collin Olson, who struck out four, allowed nine hits and walked three.
Shortly after, Garretson took to the field against the Canistota/Freeman Sticks, where they were unable to overcome the Sticks' five-point inning at the bottom of the third.
Noah Schotzko
The two teams were tied 3-3 going into the third, and Garretson claimed one more point when Erickson scored on a fly ball from teammate Brecken Weir. But an error committed by Weir at the bottom of the inning allowed two to score, putting the Sticks in the lead. Two more crossed home plate when their teammate punched one out to right field, and capped their inning with one more point on another hit to right.
Though Garretson put two more over home in the fifth and sixth innings, the Sticks took home five more points in those two innings, widening the gap and sending Garretson home with the loss 6-13.
Erickson led the team in runs, gaining two points and two hits in three at bats. Jessen started on the mound for Garretson, striking out six, allowing seven hits and walking three.
The second round of the region tournament was scheduled to play on Tuesday (results and opponent not available at press time). If needed, the third round was set for Wednesday.
We played in Granville on July 22 and if you are wondering where it is, so were we! But it was a Field of Dreams field, and boy was Jack Sparo happy to see this gem!
The Jays started big boy Trey on the mound, and after going two innings, he looked at me and said, "I'm done; my arm is going to fall off." We decided to bring in Steckler, and he got lit up like a Christmas tree in the third, giving up a 3-run bomb to left.
The Jays were getting no-hit until Brady Deballs closed his eyes, swung like the wind, and smacked one off the right field fence.
Tayson Swatek said, "If Brady can do it, I can too," but not so much—Tayson went 0-5 with 4 Ks, ouch.
Steckler calmed down in the 4th, striking out 2 and grounding the 3rd guy out, and his night was done on the mound. We brought trusty old vet Vanhove in, and he was throwing gas, mowing the stinky Sioux City team down for 2 innings until the 7th inning came up and he got smacked around one being a bomb, giving up 4.
Cole S caught and was sweating so much behind the plate the ump asked if he needed some water.
Scott Splett threw a guy out from center to third on a guy tagging and was one step away from the fence. Jack Sparo dropped a fly ball. Jayse Miller made a great play at short, and the Jays had 9 for the night.
We battled against an all-college team and lost 7-5. The Jays had their chances, especially with bases loaded in the 7th with no outs, but we decided to have 3 Ks in a row.
Jays heading to state tournament
Jays win!!! Jays are going to state!
Rhonda Buckneberg said before the game that the player with the most RBIs would get a jar of her famous dill pickles, and either the team didn’t see the post or nobody likes dill pickles! The Jays only scored 3 runs, but 3 players tied with RBIs, so we ended up with a good ol' fashioned pickle jar splitting.
Nick Bonte pitched and looked great! Brothers Dylan and Jesse held down the right side of the field, and big-armed Trey Buck played first for the first time this year!
Brady Bonte threw a guy out at second and had a fielder’s choice RBI. Aaron Labrie showed up late but made an impact, coming in and throwing the last 4 innings, looking like the old Labrie, striking out a lot and giving up no runs.
Scott Splett hit a liner to left, played center, and Tayson Swatek scored a run and played left.
We had more errors than hits and struggled with the pickle play, having two errors on two pickles.
Jack Sparo took the book and was disappointed about not getting a burger before the game.
Coach Vanhove willed his team to victory with inspirational speeches in between innings, and Flanny and Koch warmed up our pitchers perfectly.
Grandma flanny was in the stands doing cheers, we love that lady!
Jayse Miller was ready to run, but we needed Brady Bonte to get on base first, and Cole Skandenson always stays ready.
The Jays play next Saturday at 5:00 p.m. in Larchwood for the District 7B championship against the state of Iowa, we aim to finish first in the state line! #JaysFlyTogether
I want to continue on introductions of city employees. While Jordan and JR work together on many projects they have specific tasks they are responsible to get done.
Jordan Doane is Director of Public Works. He has primary responsibility for all public utilities which includes service calls and maintenance for water, sewer and natural gas. Garretson is one of only 4 communities in South Dakota that own their natural gas system, and one of only 3 that performs all their own service including service, installs, and pipeline management. Jordon is certified for this and we are currently having JR go through the certification process, so that we have multiple people able to work on the system. Jordan is also in charge of the street department and oversees all the upgrades and repairs. He is currently really busy preparing for the 4th Street Project which will begin shortly. As with all our city maintenance employees, he works where ever he is needed to keep our community running smoothly.
JR Hofer reports to Jordan, and is charge of the Parks and Recreation Departments. He is responsible for all maintenance of parks and green spaces in our community. He oversees all the summer help including staffing at swimming pool, Devils Gulch and Split Rock Park. You will see JR outside working much of the time so that everything is perfect! If we are short on mowers, he is riding one as well. JR also is our City Building and Code Inspector. He works with contractors and local folks to make sure all construction meets State, County and local building codes. If you have a question about building something he is a great place to start. During the winter he, Jordan and Sonya work to keep the streets open and flowing. The last couple of years this has been a huge job!
I also want to mention all the great folks who work at the pool, Split Rock and Devils Gulch, without these great people things just couldn't get done.
On a slightly different subject. Did you know that it is against CITY ORDINANCE to blow your lawn grass in the street? Yep it is. There is a good reason for it too. Grass clipping, leaves and misc garbage flows into the storm sewers and slows or plugs drainage. Simply, this results in your streets being flooded. Please don't blow your grass, weeds or leaves into the street. You can take them to the city brush pile for free. Please help out our city folk workers (and of course avoid a citation).
In August and September I will being doing some “Coffee with the Mayor” meetings at local businesses. I will post days and times on Garretson Living as well as city web site. Here's your chance to ask questions, find answers and make suggestions. Hope to see you!
An Iowa company seeking regulatory approval to run a carbon dioxide pipeline through South Dakota and four other states said a delay in its plan to re-apply for a permit has nothing to do with a November vote on the project.
A sign urging landowners to stand together against eminent domain and carbon pipelines appears July 20, 2024, along Highway 11 in Lincoln County south of Sioux Falls, S.D. The issue has gained prominence in South Dakota as Summit Carbon Solutions seeks a permit for a network of carbon capture pipelines. (Photo: Stu Whitney / South Dakota News Watch)
After Summit Carbon Solutions gained approval from the Iowa Utilities Board in June, chief executive officer Lee Blank said that “the momentum will continue as we prepare to file our South Dakota permit application in early July.”
That did not happen.
And the South Dakota Public Utilities Commission has not received a timetable on when the application might come, which is common so staff can prepare for public meetings.
A spokesperson for Summit Carbon Solutions told News Watch that the delay is not tied to a citizen-led referral of Senate Bill 201, passed during the 2024 session as part of a legislative package known as the “Landowner Bill of Rights.”
Sponsors of the law trumpeted a series of landowner protections for potential pipeline negotiations. Opponents said the legislation paved the way for PUC approval of the pipeline by usurping the regulatory authority of counties.
Sabrina Zenor, Summit Carbon’s director of corporate communications, told News Watch that the law being referred to voters is not impacting the company's permit application.
“We are committed to working with landowners to have a successful pipeline route in South Dakota, and we will file that application soon," she said.
This map shows the route of the carbon dioxide pipeline proposed by Summit Carbon Solutions (Image: Courtesy Summit Carbon Solutions)
Giving voters say in pipeline policy
The timing of the application and the fact voters will have a direct say in pipeline policy highlights the emergence of carbon capture, ethanol advancement and “landowner rights” as political flashpoints in South Dakota and neighboring states.
Summit Carbon Solutions is pushing for a $5.5 billion, 2,500-mile pipeline that would carry liquified carbon dioxide gas from more than 50 ethanol plants in Iowa, Minnesota, Nebraska, North Dakota and South Dakota to be stored deep underground in North Dakota.
The pipeline would address federal environmental standards for tax credits and is seen as crucial for a potential aviation fuel market for the Midwest-based ethanol industry, which buys roughly one-third of the nation's corn crop.
A group called the South Dakota Property Rights and Local Control Alliance gathered enough valid signatures to place Referred Law 21 on the Nov. 5 ballot, giving voters a chance to either keep or kill Senate Bill 201.
POET Biofuels, whose ethanol plant in Chancellor, S.D., is shown here, announced a partnership with Summit Carbon Solutions in January 2024 to incorporate POET’s 12 facilities in Iowa and five facilities in South Dakota into the Summit pipeline project. (Photo: Bart Pfankuch, South Dakota News Watch)
The law, signed March 7 by Gov. Kristi Noem, mandated payments from carbon pipeline companies at the county level per linear foot. It also codified minimum depth requirements, liability on pipeline operators for damages and disclosures of pipelines’ plume models, which analyze how carbon dioxide might spread in case of a rupture.
In February 2020, a 24-inch carbon pipeline ruptured in Satartia, Mississippi, causing a "green gas" with a "rotten egg smell" to be emitted. No residents or responders died, but about 300 people were evacuated and nearly four dozen people were treated at local hospitals.
"I think everybody in this state firmly believes that if this pipeline is coming, we want protections in place, and we want real annual benefits to counties and landowners," said Republican House Majority Leader Will Mortenson, who co-sponsored the legislation.
"If this pipeline comes, I understand that it would be good for ethanol, but that’s not enough. We need to make sure this is a good thing for every single farmer from the beginning of the route to the end of the route. And that's what Referred Law 21 does."
Law's potential impact on eminent domain
Jim Eschenbaum, who chairs the property rights group, contends that Referred Law 21 sets the stage for land to be accessed involuntarily through “eminent domain,” though the law does not address that issue.
Eminent domain involves taking private property for public use while requiring just compensation.
"I think the hysteria around climate change is a bunch of foolishness," said Jim Eschenbaum of the South Dakota Property Rights and Local Control Alliance. "But if they negotiate their way through freely and without the use of eminent domain, then my job as a county commissioner is to step out of the way and let this pipeline go through." (Photo: Stu Whitney / South Dakota News Watch)
Eschenbaum's reasoning is that terms set forth in the law between pipeline companies and landowners make it easier for the three-member PUC as a state entity to supersede county zoning ordinances and setbacks, or for a judge to conclude that such action is within PUC authority.
“It will affect eminent domain if it goes into the court system,” said Eschenbaum, a semi-retired farmer from Miller, South Dakota, who serves on the Hand County Commission.
“It will be looked at as if negotiations have already been taken care of, which will help them to use eminent domain. In my opinion, legislators overstepped their bounds in negotiating monetary terms on people’s private property.”
Blank, Summit's CEO, has said that the goal is to obtain 100% of the land it needs in South Dakota through voluntary easements, paying landowners in return. The company said it was at about 80% during its permit application hearing last year.
The alternative to voluntary easements is where things get sticky. The process involves using eminent domain to get a court order to force landowners to allow access to the property in return for just compensation.
'Activists sort of latched on to it'
Eschenbaum said that even though he personally opposes the pipeline, he won't block Summit Carbon's efforts as a county commissioner if the company only uses voluntary easements to obtain land needed for the project.
"I think this pipeline is a bunch of foolishness," he told News Watch.
"I think the hysteria around climate change is a bunch of foolishness. But if they negotiate their way through freely and without the use of eminent domain, then my job as a county commissioner is to step out of the way and let this pipeline go through. But I will dig in my heels for that last very last landowner that doesn't want this on their property."
Eminent domain shifted the pipeline discussion into the realm of landowner rights, presenting a stark contrast between limited-government populism and pro-business pragmatism within the South Dakota Republican Party.
The libertarian Freedom Caucus and groups such as Dakota First PAC wielded the pipeline controversy as political leverage in the June 4 GOP primary. Of the 38 Republican legislative incumbents who ran to keep the same position, 11 were defeated, foiled in many cases by the property rights debate and their voting record on SB 201.
"I think the activists sort of latched on to it and formed an opinion before they read the bill," Mortenson said of the anti-pipeline rhetoric and outreach surrounding what is now known as Referred Law 21.
Summit faces same legal landscape
The Secretary of State’s office announced July 10 that 31,432 of the signatures submitted by Eschenbaum’s group were deemed valid and that Referred Law 21 would appear on the ballot. A “yes” vote will allow SB 201 to become law, while a “no” vote will reject it.
South Dakota Gov. Kristi Noem speaks March 13, 2024, at a town hall meeting at the high school in Mitchell, S.D. She distanced herself from the "Landowner Bill of Rights" legislative process and suggesting that action in Pierre amounted to public support of the bills. (Photo: Stu Whitney / South Dakota News Watch)
Even if voters approve it, the legislation won’t take effect until July 1, 2025. That means any Summit Carbon PUC application in the meantime will occur under the same legal landscape in which its bid was denied on the advice of a staff attorney in September 2023.
"We're not waiting on any parameters," PUC Commissioner Chris Nelson told News Watch. "The law today is what the law is. If any company applies for any permit, whether it's a carbon pipeline or a wind farm, we will process that based on the law that is on the books, just like we always do."
Mortenson denied that SB 201 was an attempt to shift the balance in favor of the PUC being able to approve the permit the next time around. He noted that the commission – consisting of elected Republicans Nelson, Gary Hanson and Kristie Fiegen – holds the regulatory approval authority in either case.
Fiegen, who is up for re-election in November, recused herself from Summit Carbon's initial application process because the pipeline would cross some of her family's land. She was replaced by state Treasurer Josh Haeder.
“Right now the PUC is the entity that calls balls and strikes on which county ordinances have to be followed as part of the linear project siting," Mortenson told News Watch. "That’s the same as the bill that we passed."
Eschenbaum countered by saying that Summit Carbon has put off applying for the permit now that the new provisions are in limbo. He said it's instructive to observe who was supportive of the "Landowner Bill of Rights" and who opposed it.
"I feel like the legislators just stuck a title on there to make it smell all rosy and pretty," said Eschenbaum. "I don't think it's intended to be for the landowners in any way, shape or form. Why did the landowners go to Pierre and fight against it? Why did Summit Carbon go to Pierre and fight for it?"
Pipeline permit process 'fully consuming'
The South Dakota PUC voted 3-0 to deny Summit Carbon’s application in 2023 based on a staff attorney's assessment that the project couldn't proceed without overriding county setbacks and violating state law in the process.
Setbacks are minimum separation distances between the pipeline and structures, property boundaries or specific land uses. Distances set forth in Brown, McPherson, Minnehaha and Spink counties were deemed unresolvable.
“You've made crystal clear in your pre-filed testimony that various county ordinances make this an impossible project at this time,” Haeder told company representatives at the hearing.
Commissioner Nelson made a motion to postpone the hearing but was overruled, putting Summit in the position of having to re-file its application if it wants the project approved.
Nelson told News Watch that he was surprised by the amount of time and resources occupied by applications from Summit Carbon and Navigator CO2 Ventures. Navigator's application was also denied last fall and the company has since scrapped plans for its pipeline project.
“Last year those applications were fully consuming for PUC staff and commissioners,” said Nelson, a former secretary of state who has served on the PUC since 2011.
“We had 418 intervenors (on the Summit docket), which I believe is a record number and shows the level of interest in folks wanting to be involved. I would anticipate that if another application is filed, it will be fully consuming again for the 12-month time period that statute gives us to process the application.”
'Guess what? I'm not a dictator'
The pipeline issue presents a quandary for South Dakota politicians who see the economic advantages of ethanol but don’t want to be viewed as supporting government encroachment of private property against the will of citizens.
Adding to the political quagmire is the fact that carbon pipelines are the result of climate-conscious guidelines to reduce global warming, an approach that runs counter to conservative South Dakota Republican doctrine.
Noem has found herself at the center of the storm, with libertarian groups challenging her to do more to support landowners and push back against Summit Carbon, which was a platinum sponsor of her 2023 inauguration events.
The governor addressed the issue in March during a town hall in Mitchell, South Dakota, distancing herself from the "Landowner Bill of Rights" legislative process and suggesting that action in Pierre amounted to public support of the bills.
“There’s been a lot of signs and advertising around the state saying, ‘The Governor has to do something,’” Noem said in the Mitchell High School library.
“Well, guess what? I’m not a dictator. I don't have a role in this process at all as governor. What happens during the session is that these legislators are sent to represent their districts and to debate and take in facts and then give me a bill that I look at to see if it's constitutional or not. It was signed into law because the people voted for it and they voted overwhelmingly based on the hearings and the committees that we had."
'The biggest red herring with this'
Regardless of what happens with the Referred Law 21 vote in November, the pipeline issue and landowner rights are certain to carry over into the 2025 legislative session beginning in January.
Eschenbaum said he has spoken to Republican lawmakers who ran on the issue in the primary and intend to bring legislation that is "not anti-pipeline but true landowner rights legislation that will address eminent domain."
That's familiar ground for Mortenson, who helped craft a bill during the 2023 session that would have restricted the use of eminent domain for carbon pipelines because CO2 in that context doesn't qualify as a commodity.
The bill passed through a House committee before being shot down in the Senate.
In 2024, gauging similar resistance in the Senate, Mortenson worked with Senate Majority Leader Casey Crabtree to push through a package of bills – the Landowner Bill of Rights – that addressed compensation for surveying and siting, easement standards, leak liability protections and drain tile repair.
SB 201 was part of that package and is now being referred to voters. That's a source of frustration for Mortenson because the central complaint of the opposition – the use of eminent domain to access land for carbon pipelines – is not specifically addressed in the law.
"I think (Eschenbaum's group) did this because they don’t like eminent domain, and this has absolutely no impact on eminent domain – up, down, or sideways," Mortenson said. "That's the biggest red herring I see with this."
The Associated Press contributed to this story, which was produced by South Dakota News Watch, a nonpartisan, nonprofit news organization. Read more in-depth stories at sdnewswatch.org and sign up for an email every few days to get stories as soon as they're published. Contact Stu Whitney at .
Minutes of the Minnehaha County Commissioners for July 23, 2024
Minutes of the Minnehaha County Commissioners Joint meeting with the City of Sioux Falls for July 23, 2024
NOTICE OF HEARING FOR THE ADOPTION OF THE PROVISIONAL BUDGET
NOTICE TO CREDITORS OF INFORMAL PROBATE AND APPOINTMENT OF PERSONAL REPRESENTATIVE
Minutes of the Minnehaha County Commissioners for July 23, 2024
THE MINNEHAHA COUNTY COMMISSION CONVENED AT 9:00 AM on July 23, 2024, pursuant to adjournment on July 16, 2024. COMMISSIONERS PRESENT WERE: Bender, Beninga, Bleyenberg, Karsky, and Kippley. Also present were Kym Christiansen, Commission Recorder, and Eric Bogue, Chief Civil Deputy State's Attorney.
Chair Karsky called the meeting to order.
MOTION by Bleyenberg, seconded by Kippley, to Approve the Agenda. 5 ayes
CONSENT AGENDA
MOTION by Beninga, seconded by Kippley, to Approve the Consent Agenda. By roll call vote: 5 ayes. The consent agenda includes the following items:
Commission Meeting Minutes for July 16, 2024
Bills to be Paid $466,117.83
3D SPECIALTIES INC Road Maint & Material $532.82, A&B BUSINESS SOLUT Maintenance Contracts $309.48, A&B BUSINESS SOLUT Office Supplies $14.32, ACTIVE DATA SYSTEMS Records Storage $1250, AGRE, LARRY Welfare Rent $1150, AIRGAS USA LLC Gas Oil & Diesel $236.2, AIRWAY SERVICE INC Automotive/Small Equipment $3202.76, AIRWAY SERVICE INC Gas Oil & Diesel $197.76, ALL NATIONS INTERPRE Interpreters $7517.01, AMERICAN SOCIETY Program Activities $48, ANAWSKI, PATRICIA A Post Election Audit $180, ANAWSKI, PATRICIA A Post Election Mileage $2.65, ANDERSON, JENNIFER Bd Evaluations (Minnehaha) $2951.62, APPEARA Program Activities $88.76, ASH LAW OFFICE PLLC Attorney Fees $1381.84, ASPEN Q Welfare Rent $500, AUTOMATIC BUILDING C Building Repairs & Maintenance $2090.82, AUTOMATIC BUILDING C Jail Repairs & Maintenance $696.94, AVERA MCKENNAN Hospitals $46580, BAKKER, MARY Post Election Audit $108, BAKKER, MARY Post Election Mileage $3.37, BALOUN LAW PC Attorney Fees $161.3, BALOUN LAW PC Child Defense Attorney $941.95, BANGASSER, LORI Post Election Audit $202.5, BANGASSER, LORI Post Election Mileage $10.2, BASCHE, DOUG Post Election Audit $202.5, BASCHE, DOUG Post Election Mileage $3.26, BASCHE, REBECCA Post Election Audit $216, BASCHE, REBECCA Post Election Mileage $3.26, BOB BARKER COMPANY I Inmate Supplies $1078.92, BOUNCE AROUND INFLAT MacArthur SJC Grant $873, BRAUN, MASON Investigators Expenses $70.38, BROOKS TOWNHOMES PTR Welfare Rent $1623, BURNS, JASON Investigators Expenses $133.11, BUTLER MACHINERY COM Heavy Equip Repairs & Maint $675.36, C & H PROPERTIES LLC Welfare Rent $953.71, CARPENTER, DONOVAN Chemicals $34.18, CENTER FOR FAMILY ME Professional Services $1895.06, CENTURY BUSINESS PRO Maintenance Contracts $67.31, CHAGOLLA, ALBERT Interpreters $50, CHAPEL HILL FUNERAL Burials $2000, CHASING WILLOWS LTD Welfare Rent $1800, CHUUKESE NATIVE LANG Interpreters $160, CINTAS CORPORATION Janitorial Chemical Supplies $350.64, CINTAS CORPORATION Uniform Allowance $121.25, CIVIL DESIGN INC Architects & Engineers $6692.5, CJ SAYLES INC Store Inventory $844.64, CLAIR HATTERVIG Uniform Allowance $63.98, CLEO SORENSEN Post Election Audit $198, CLEO SORENSEN Post Election Mileage $3.77, COMPUTER FORENSIC RE Professional Services $3580, CONNIE IDEKER Post Election Audit $207, CONNIE IDEKER Post Election Mileage $3.47, CONSTRUCTION PRODUCT Bridge Repair & Maintenance $1353.25, COREY PECHOUS Uniform Allowance $81.49, DACOTAH PAPER CO Janitorial Chemical Supplies $34.7, DAHMEN, ANTOINETTE Post Election Audit $202.5, DAHMEN, ANTOINETTE Post Election Mileage $7.14, DAKOTA AUTO PARTS Small Tools & Shop Supplies $50.95, DAKOTA FLUID POWER I Building Repairs & Maintenance $51.34, DAKOTA FLUID POWER I Heavy Equip Repairs & Maint $204.47, DAKOTA FLUID POWER I Truck Repairs & Maintenance $13.04, DAKOTA SUPPLY GROUP Jail Repairs & Maintenance $150.84, DAKOTALAND AUTOGLASS Automotive/Small Equipment $59.98, DALSIN INC Outside Repair $1029, DEAN SCHAEFER COURT Court Reporters $588, DENNIS MORAN Post Election Audit $153, DENNIS MORAN Post Election Mileage $6.73, DIAMOND MOWERS INC Truck Repairs & Maintenance $634.71, DUST TEX SERVICE INC Janitorial Chemical Supplies $85.8, EAST RIVER PSYCHOLOG Psych Evals $2500, EICH LAW OFFICE LLC Attorney Fees $1161.5, ERIN M JOHNSON PLLC Bd Exp Fees (Minnehaha) $6601, ERIN M JOHNSON PLLC Crisis Intervention Program $57.5, ETTERMAN ENTERPRISES Small Tools & Shop Supplies $490.28, FASTENAL COMPANY Sign Supply Inventory $298.73, FASTENAL COMPANY Small Tools & Shop Supplies $1820.35, FORCE AMERICA DISTRI Truck Repairs & Maintenance $613.49, FORTYONE Welfare Rent $1200, GARRETSON GAZETTE Publishing Fees $574.81, GIRTON ADAMS Road Maint & Material $65, GLORY HOUSE Welfare Rent $700, GOEBEL PRINTING INC Printing/Forms $75, GOLDEN WEST Telephone $75.95, GRAANSTRA, MADONNA Post Election Audit $202.5, GRAANSTRA, MADONNA Post Election Mileage $7.24, GRAANSTRA, MIKE Post Election Audit $166.5, GRAANSTRA, MIKE Post Election Mileage $7.24, GRAINGER Heat, Vent & AC Repairs $662.4, GRAINGER Truck Repairs & Maintenance $94.8, GRECO, TOM Business Travel $330.05, GROEN, STEVE Taxable Meal Allowances $18, GROTEWOLD, TYLER Business Travel $39, GUNNER, ANDREA Court Reporters $306, GUZMAN, SANDRA V Interpreters $300, HANNAH GRAPEVINE MacArthur SJC Grant $200, HARTFORD'S BEST PAIN Automotive/Small Equipment $803.8, HARTIGAN, DAWN Post Election Audit $207, HARTIGAN, DAWN Post Election Mileage $2.65, HEARTLAND FUNERAL HO Burials $4000, HIGH POINT NETWORKS Consultants $115, HOFFMANN, GENE Post Election Audit $211.5, HOFFMANN, GENE Post Election Mileage $6.53, HOLIDAY INN CITY CEN Witness Fees/Expenses $107, HONERMAN, MARK Taxable Meal Allowances $18, HURTGEN, PROPERTIES Welfare Rent $1000, HYVEE ACCOUNTS RECEI Jury Fees $37.98, I STATE TRUCK INC Truck Repairs & Maintenance $176.5, IMEG CORP Architects & Engineers $5130.88, INTERSTATE OFFICE PR Office Supplies $929.12, ISI LLC Interpreters $320, JCL SOLUTIONS Inmate Supplies $1814, JCL SOLUTIONS Kitchen/Cleaning Supplies $4769.98, JEBRO INCORPORATED Road Material Inventory $27792.33, JEFFREY MCKINNEY Post Election Audit $202.5, JEFFREY MCKINNEY Post Election Mileage $6.32, JH LARSON COMPANY JDC Maintenance $56.54, JMACS CONCRETE Repair/Renovations $55311.1, JONATHAN YOKERS Post Election Audit $135, JONATHAN YOKERS Post Election Mileage $5.81, JONES, DAWN County Cemetery $80, KATE WEIR Post Election Audit $185.94, KATE WEIR Post Election Mileage $4.08, KENNEDY PIER & LOFTU Attorney Fees $207, KNECHT, ANDREW J Attorney Fees $402.5, KOCH HAZARD ARCHITEC Communication Equipment $1781.25, KOCH HAZARD ARCHITEC Courts Building $10165, KONE INC Maintenance Contracts $1135.14, KONECHNE, FRANCIS Taxable Meal Allowances $18, KRUSE LAW OFFICE Attorney Fees $3118, LACEY RENTALS INC Lease-Rental Agreement $135, LAMAR TEXAS LIMITED Program Activities $1420, LEWIS & CLARK BEHAVI Bd Evaluations (Yankton) $639, LEWIS DRUGS INC Pharmacies $611.85, LG EVERIST INC Road Maint & Material $3080.76, LOPEZ, REBECA Interpreters $494.62, LOVING, PHILIP Bd Evaluations (Minnehaha) $2795.86, LUNDSTROM, DAVID Post Election Audit $213.66, LUNDSTROM, DAVID Post Election Mileage $6.73, LUTHER, JEFF Medical Director $2750, MALLOY ELECTRIC Heat, Vent & AC Repairs $110.07, MARK FINNEGAN Post Election Audit $202.5, MARK FINNEGAN Post Election Mileage $2.96, MARY J FINNEGAN Post Election Audit $220.5, MARY J FINNEGAN Post Election Mileage $2.96, MARY KAY MORAN Post Election Audit $153, MARY KAY MORAN Post Election Mileage $6.73, MCGEE, GAIL Post Election Audit $198, MCGEE, GAIL Post Election Mileage $6.02, MEDSTAR PARAMEDIC IN Transportation $3840, MENARD INC Building Repairs & Maintenance $127, MENARD INC Program Activities $271.31, MENARD INC Small Tools & Shop Supplies $3.66, MICROFILM IMAGING SY Contract Services $1724.63, MIDAMERICAN ENERGY C Natural Gas $699.63, MIDCONTINENT COMMUNI Telephone $128.39, MIDLAND INC Fairgrounds $165.04, MIDSTATES UNIFORM & Uniform Allowance $35.02, MIKE PETERSON Taxable Meal Allowances $18, MINNEHAHA PETTY CASH Child Care Items $50, MOLSTAD, MELISSA Post Election Audit $121.5, MOLSTAD, MELISSA Post Election Mileage $22.24, MYRL & ROYS PAVING I Road Maint & Material $1398.6, NAPA AUTO PARTS Automotive/Small Equipment $7.07, NELSON, KELLY ANN Post Election Audit $185.94, NELSON, KELLY ANN Post Election Mileage $3.26, NORDBY, KRISTINA Post Election Audit $225, NORDBY, KRISTINA Post Election Mileage $6.94, NOVAK Trash Removal $175.54, NYBERGS ACE HARDWARE Building Repairs & Maintenance $199, OCTANE INK LLC Automotive/Small Equipment $2800, OLD ORCHARD CAFE MacArthur SJC Grant $1031.88, OREILLY AUTOMOTIVE S Automotive/Small Equipment $11.33, PALLUCK, ETHAN Taxable Meal Allowances $18, PANTHER GRAPHICS LLC Publishing Fees $848, PERSON, RONALD E OR Lease Interest $1319.71, PERSON, RONALD E OR Lease Principal $680.29, PETRETTA, ASHLEY Post Election Audit $45, PETRETTA, ASHLEY Post Election Mileage $5.92, PHEASANT VIEW LLC Welfare Rent $1000, PHOENIX SUPPLY LLC Child Care Items $311.21, PHOENIX SUPPLY LLC Inmate Supplies $1425.44, PHOENIX SUPPLY LLC Kitchen/Cleaning Supplies $1575, POMPS TIRE SERVICE I Automotive/Small Equipment $272.5, PRECISE MRM LLC Truck Repairs & Maintenance $5385.41, QUALIFIED PRESORT SE Publishing Fees $647.2, R&L SUPPLY LTD Grounds & Parking Repair $26.28, R&L SUPPLY LTD Heat, Vent & AC Repairs $139.21, RACHEL ABBAS Business Travel $72, RAMPART USA CORP Other Supplies $3889.9, REDWOOD TOXICOLOGY L Testing Supplies $29.85, REIMER, HAILEY Post Election Audit $126, REIMER, HAILEY Post Election Mileage $3.06, RENTOKIL NORTH AMERI Contract Services $325.84, REYNOLDS LAW LLC Child Defense Attorney $3583.4, RHOMAR INDUSTRIES IN Truck Repairs & Maintenance $1039.95, RINGING SHIELD,NICHO Bd Evaluations (Minnehaha) $550, ROSELAND HEIGHTS Welfare Rent $811, RUTH CUILAN CAROLINE MacArthur SJC Grant $200, SALEM, KARLA R Bd Evaluations (Minnehaha) $3052.5, SANFORD Lab Costs $145, SANFORD Professional Services $190.32, SANFORD CLINIC Contract Services $29367.28, SCHEELS ALL SPORTS Uniform Allowance $100, SD HUMAN SERVICES CE Psych Evals $600, SEVERTSON, ALLEN Chemicals $41.32, SHERBURNE, SUZETTE Post Election Audit $162, SHERBURNE, SUZETTE Post Election Mileage $3.37, SIOUX EMPIRE FAIR AS Miscellaneous Expense $12500, SIOUX FALLS AREA HUM Miscellaneous Expense $5063.71, SIOUX FALLS CITY Water - Sewer $3340.04, SIOUX FALLS CITY Welfare Utilities $225.83, SIOUX FALLS RUBBER S Office Supplies $11.95, SIOUX VALLEY ENERGY Electricity $353.66, SOLHEIM, VIRGINIA Chemicals $42.34, SOUTHEASTERN ELECTRI Welfare Utilities $109.1, ST FRANCIS HOUSE Motels $3060, STAN HOUSTON EQUIPME Grounds & Parking Repair $2044.95, STATE OF SOUTH DAKOT Amts Held-Daily Scram $3716, STATE OF SOUTH DAKOT Amts Held-Remote Breath $801, STATE OF SOUTH DAKOT Data Communications $220, STATE OF SOUTH DAKOT Misc Revenue $1.16, STATE OF SOUTH DAKOT Outside Repair $13.65, STATE OF SOUTH DAKOT Printing/Forms $219.6, STATE OF SOUTH DAKOT Road Maint & Material $184, STATE OF SOUTH DAKOT Sign Supply Inventory $1532.43, STATE OF SOUTH DAKOT Store Sales $228.95, STATE OF SOUTH DAKOT Telephone $85.11, STREICHERS INC Safety & Rescue Equipment $192.78, STREICHERS INC Uniform Allowance $1920.87, SUMMIT FOOD SERVICE Board Of Prisoners-Meals $58297.14, SUMMIT FOOD SERVICE Child Care Food $891.27, SUMMIT FOOD SERVICE Inmate Supplies $231.14, SUMMIT FOOD SERVICE School Lunch Program $1858.84, TAFOLLA, MIRANDA RAE Court Reporters $367.5, TEMPLE, ARTHUR Post Election Audit $199.44, TEMPLE, ARTHUR Post Election Mileage $6.43, TEMPLE, LINDA Post Election Audit $198, TEMPLE, LINDA Post Election Mileage $6.43, TERRANCE SORENSON Post Election Audit $198, TERRANCE SORENSON Post Election Mileage $3.77, TESSMAN SEED COMP Grounds & Parking Repair $501, THOMPSEN, REBECCA Post Election Audit $202.5, THOMPSEN, REBECCA Post Election Mileage $6.32, THOMPSON, PAIGE Bd Evaluations (Minnehaha) $350, THOMSON REUTERS - WE Amounts Held For Others $10649.48, THOMSON REUTERS - WE Legal Research $1942.58, TIRES TIRES TIRES IN Truck Repairs & Maintenance $134.52, TOMACELLI'S TOO Jury Fees $145.99, TRANSOURCE TRUCK & E Heavy Equip Repairs & Maint $297.89, TRANSOURCE TRUCK & E Parts Inventory $113.19, TRI-STATE NURSING Professional Services $3535.25, TRINITY POINT Welfare Rent $660, TRUGREEN LIMITED PAR Maintenance Contracts $382.11, TWO WAY SOLUTIONS IN Communication Equipment Repair $438.98, TZADIK SIOUX FALLS I Welfare Rent $1400, TZADIK SIOUX FALLS P Welfare Rent $484, ULMER, LISA M Post Election Audit $211.5, ULMER, LISA M Post Election Mileage $15.4, US FOODS INC Other Supplies $147.22, US FOODS INC Professional Services $1509.15, VB FALLS PARK LIMITE Welfare Rent $995, VIKING VILLAS Welfare Rent $400, VITAL RECORDS Records Storage $3475.42, VOGEL MOTORS LLC Automotive/Small Equipment $28, VOGEL MOTORS LLC Gas Oil & Diesel $57, WALTON, MARCUS Attorney Fees $1467.9, WASHINGTON PAVILION Advertising $178, WASTE MANAGEMENT OF Trash Removal $4092.46, WEERHEIM LAW OFFICE Bd Exp Fees (Minnehaha) $6842.5, WEERHEIM LAW OFFICE Crisis Intervention Program $57.5, WENTLER, CHARLES Post Election Audit $121.5, WENTLER, CHARLES Post Election Mileage $6.43, WENTLER, DYANN Post Election Audit $117, WENTLER, DYANN Post Election Mileage $6.43, WUNDERLICH, CHRISTIN Post Election Audit $211.5, WUNDERLICH, CHRISTIN Post Election Mileage $1.02, XCEL ENERGY Electricity $3275.07, XCEL ENERGY Road Maint & Material $17.02, XCEL ENERGY INC Welfare Utilities $1229.42, YANKTON COUNTY Return Of Service $200.
The following report was received and placed on file in the Auditor's Office:
Minnehaha County Abandoned Cemetery Board Minutes for June 18, 2024
Routine Personnel Actions
New Hires
1. Vanessa Lingle, Tax and License Technician for the Treasurer's Office, at $20.80/hour (10/1) effective 7/29/2024.
Promotions
1. Emily Herbert, Deputy Public Defender to Senior Deputy Public Defender for the Public Defender's Office, at $3,759.20/biweekly (22/4) effective 8/1/2024.
Step Increases
1. Matthew Drayton, Highway Maintenance Team Member for the Highway Department, at $24.13/hour (12/2) effective 7/31/2024.
2. Demetrice Corbett, Correctional Officer for the Jail, at $27.98/hour (14/3) effective 6/13/2024.
3. Jared Lampe, Correctional Officer for the Jail, at $27.98/hour (14/3) effective 4/2/2024.
4. Dylan McKee, Correctional Officer for the Jail, at $27.98/hour (14/3) effective 4/29/2024.
5. Michael Mattson, Warden for the Jail, at $4,932.00/biweekly (24/7) effective 6/29/2024.
6. Michael Iverson, Digital Discovery Technician for the State's Attorney's Office, at $27.98/hour (14/3) effective 7/10/2024.
Special Personnel Actions
1. To approve a new classification of Inventory Clerk for the Highway Department at a pay grade of 10.
Abatement Applications Recommended for Approval by the Director of Equalization:
Parcel-29844, South Eastern Development, 2022 Property Taxes, $569.81
Parcel-29844, South Eastern Development, 2023 Property Taxes, $1,029.12
Parcel-84962, South Eastern Development, 2022 Property Taxes, $68.21
Parcel-84962, South Eastern Development, 2023 Property Taxes, $256.84
Parcel-77999, South Eastern Development, 2022 Property Taxes, $379.12
Parcel-77999, South Eastern Development, 2023 Property Taxes, $1,569.64
ALCOHOL LICENSE
Kym Christiansen, Commission Recorder, was present for a public hearing and presented an application for a Retail (On-Off Sale) Malt Beverage and SD Farm Wine License for MAS, LLC. d/b/a Roccos Catering Sioux Falls. The property legally described Lot 1 & 2 of Tract 1 of Jeanne's Addition NE 1/4 and SE 1/4 of Section 18-T101N-R48W ID#086217 and is located at 26665 481st Ave in Brandon. This license would allow for the sale of malt beverage and SD farm wine at their establishment located in Minnehaha County. The application was sent to the Sheriff's Office, State's Attorney's Office, and Planning Department for review and there were no concerns or objections reported. Roccos Catering Sioux Falls currently holds a Retail (On-Off Sale) Wine and Cider License. The fee for a new Retail (On-Off Sale) Malt Beverage & SD Farm Wine License is $300.00 with $150 being sent to the South Dakota Department of Revenue and $150 staying with Minnehaha County.
Chair Karsky asked for proponents and opponents to speak on the topic. There were no proponents or opponents to speak on the topic.
MOTION by Bender, seconded by Beninga, to Approve a 2024-2025 Retail (On-Off Sale) Malt Beverage and SD Farm Wine License for MAS, LLC. d/b/a Roccos Catering Sioux Falls. By roll call vote: 5 ayes.
BRIEFING
Jacob Maras, Assistant Highway Superintendent, provided an informational briefing on Stantec Pavement Management Survey Results. In 2023, Minnehaha County, in conjunction with the Sioux Falls Metropolitan Planning Organization (MPO) hired Stantec Consulting Services, Inc. to conduct a pavement management survey on all 347 centerline miles of paved roads maintained by Minnehaha County. Stantec analyzed the results and reported an overall Pavement Quality Index (PQI) of 75. In addition, different budget scenarios were also run to determine the amount of money that would need to be spent each year to maintain the same roadway conditions that are currently present. Public comment was received from Gary Meyer.
Susan Beaman, Finance and Budget Officer, presented a briefing regarding 2024 2nd Quarter American Rescue Plan Expenditures. The Auditor's Office plans to report to the US Treasury last quarter's expenditures of $3,058,618.87. The expenditure breakdown as follows: Jail Staffing for COVID Isolation Unit had an expenditure of $231,378.92; Retention Bonus had an expenditure of $40,907.00; Burials had an expenditure of $70,500.00; Motels had an expenditure of $8,900.00; Jail Booking Registered Nurse had an expenditure of $133,442.89; Jail Mental Health Counselor had an expenditure of $17,713.23; New Positions had an expenditure of $423,137.05; Welfare Rent had an expenditure of $104,900.85; Welfare Utilities had an expenditure of $7,391.55; Mortgage Assistance had an expenditure of $1,000.00; Emergency Response Infrastructure Improvements had an expenditure of $5,237.50; Juvenile Detention Center-Psychiatric Services had an expenditure of $10,116.00; Triage of Mental Illness Holds had an expenditure of $25,000.00; Salary Increase to Improve Worker Retention had an expenditure of $1,126,140.00; and Human Services Staff had an expenditure of $852,853.88. The total ARPA expenditures through June 30, 2024, were $31,284,299.95. Public comment was received from Gary Meyer.
INTERFUND TRANSFER
Upon the request of Susan Beaman, MOTION by Kippley, seconded by Bleyenberg, to Authorize a Transfer of $1,060,911 from the ARPA Fund to the General Fund; a Transfer of $62,694 from the ARPA Fund to the Highway Fund, and a Transfer of $2,535 from the ARPA Fund to the 24/7 Sobriety Fund. By roll call vote: 5 ayes.
HIGHWAY AGREEMENTS
Upon the request of Steve Groen, Highway Superintendent, MOTION by Bender, seconded by Beninga, to Authorize the Chair to Sign an Agreement between Minnehaha County and Civil Design Inc for Construction Administration of Project MC22-13 Structure 50-330-026 Rehabilitation for an Amount not to Exceed $79,135.00. 5 ayes.
Upon the request of Steve Groen, Highway Superintendent, MOTION by Bleyenberg, seconded by Kippley, to Authorize the Chair to Sign an Agreement between Minnehaha County and Civil Design Inc. for Construction Administration of Project MC23-10 Structure 50-197-100 Rehabilitation for an Amount not to Exceed $97,005.00. 5 ayes.
HIGHWAY RESOLUTIONS
Upon the request of Steve Groen, Highway Superintendent, MOTION by Beninga, seconded by Kippley, to Adopt a Resolution to Establish Legal Load Limits on 20 Bridge Structures and to Approve Resolution MC 24-18. By roll call vote: 5 ayes.
RESOLUTION MC24-18
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:
STRUCTURE NUMBER APPROXIMATE LOCATION SINGLE UNIT
LIMIT (TON) COMBINATION
UNIT LIMIT (TON)
1 50-087-120 3.5 miles north and 0.2 miles west of Hartford (256th St. on a township road) 18 33
2 50-109-105 1.9 miles south and 2.1 miles west of Lyons (Grand Meadow St. on a township road) 29 50
3 50-135-229 3.4 miles south and 1.5 miles west of Ellis (Wayne Ave. on a township road) 27 46
4 50-137-217 2.3 miles south and 1.5 miles west of Ellis (266th St. on a township road) 28 46
5 50-154-180 1.5 miles north and 0.5 miles east of Ellis (262nd St. on a township road) 25 44
6a 50-180-134 2.0 miles east and 0.4 miles south of Crooks, SD (472nd Ave on County Highway 133) 27 45
6b 50-180-134 (Emergency Vehicles Only) 2.0 miles east and 0.4 miles south of Crooks, SD (472nd Ave on County Highway 133) Single Axle 16 T
Tandem 23 T
Gross 32 T
7 50-199-104 3.9 miles south of Baltic Meadowland St. (on a township road) 26 44
8 50-208-130 1.0 mile north and 0.3 miles east of Renner (257th St. on a township road) 13 22
9 50-226-020 1.0 miles east and 0.5 miles south of Dell Rapids (246th St. on a township road) 27 46
10 50-237-120 3.7 miles east and 6.0 miles south of Baltic (256th St. on a township road) 18 31
11 50-239-090 7.1 miles west of Garretson (253rd St. on a township road) 29 49
12 50-273-090 3.8 miles west of Garretson (253rd St. on a township road) 18 30
13 50-276-120 4.0 miles north and 0.3 miles west of Corson (256th St. on a township road) 30 49
14 50-278-130 3.0 miles north and 0.2 miles west of Corson (257th St. on a township road) 30 50
15 50-290-131 2.9 miles north and 1.0 mile east of Corson (483rd Ave. on a township road) 15 25
16 50-324-170 (Emergency Vehicles Only) 1.0 mile north and 0.6 miles east of Valley Springs (261st St. on a township road) Single Axle 14 T
Tandem 21 T
Gross 24 T
17 50-329-160 2.0 miles north and 0.1 miles west of Valley Springs (260th St. on a township road) 25 42
18 50-330-159 2.1 miles north of Valley Springs (487th Ave. on a township road) 19 32
19 50-337-130 1.8 miles east and 4.0 miles south of Garretson (257th St. on a township road) 18 31
20 50-149-140 0.5 miles south and 1.1 miles west of Crooks (258th St. on County Highway 130) 18 30
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 23rd day of July, 2024
APPROVED BY THE COMMISSION:
Dean Karsky, Commission Chairman
ATTEST:
Kym Christiansen
Deputy Auditor
Steve Groen, Highway Superintendent, presented a resolution to the Commission to authorize the application for Bridge Improvement Grant (BIG) Preliminary Engineering (PE) Funds and Cost Participate in the amount of 20% for two bridges. The two preliminary engineering designs are estimated at $50,000 per structure. If awarded funding, the State would provide $40,000 per structure and the County would contribute approximately $20,000. The structures that would be considered in the grant application are as follows: Structure No. 50-242-060 and Structure No. 50-160-199. MOTION by Kippley, seconded by Bleyenberg, to Authorize the Chair to Sign a Resolution Authorizing Submission of BIG PE Funds and Cost Participate 20% for Two Bridges and to Approve Resolution MC 24-19. By roll call vote: 5 ayes.
RESOLUTION MC 24-19
BRIDGE IMPROVEMENT GRANT PROGRAM RESOLUTION AUTHORIZING SUBMISSION OF APPLICATIONS
WHEREAS, Minnehaha County wishes to submit an application(s) for consideration of award for the Bridge Improvement Grant Programs
STRUCTURE NUMBER(S) AND LOCATION(S):
Structure No. 50-242-060
Over Slip-Up Creek
Located 4.2 miles east of Baltic, SD on County Hwy 114/250th St
Structure No. 50-160-199
Over an Unnamed Tributary to Skunk Creek
Located 0.4 miles South & 1.0 miles East of Ellis, SD on County Hwy 137/470th Ave
and 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 100% of ineligible expenses; 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 at Sioux Falls, SD, this 23rd day of July, 2024.
Approved by Minnehaha County Commission:
Dean Karsky
Commission Chair
Attest:
Kym Christiansen
Deputy Auditor
*NOTES: − not applicable for cities applying for the grant – simply mark ‘NA’
Minimum required for Bridge Improvement Grant is 20%; must match percent shown on application.
**ATTENTION NEW 2025 REQUIREMENT: After receiving a grant award, the county/city and SDDOT will enter into a grant agreement within 30 calendar days of Transportation Commission award. Failure to sign a grant agreement may result in the Transportation Commission reallocating available grant funds to another eligible applicant within the associated grant cycle.
PRESENTATION
Jacob Maras, Assistant Highway Superintendent, introduced Gavin Koch and Braden Buettner summer interns for the Highway Department. The interns provided a presentation on the Culvert Data Collection Project that is performed every three years for the county. The project collects data used to update the conditions of the culverts to help aid in the replacement decisions.
OPPORTUNITY FOR
PUBLIC COMMENT
Dennis Haugen, Sioux Falls, SD, spoke about the various roles of the County and Home Rule Charter.
Gary Meyer, Hartford, SD, spoke about the Minnehaha County Rules of Procedures and Home Rule Charter.
Cindy Meyer, Hartford, SD, spoke about election concerns and Home Rule Charter.
Scott Wick, Sioux Empire Fair, invited the Commission and the public to the Sioux Empire Fair.
Rick Knobe, Sioux Falls, SD, spoke about Home Rule Charter.
Kris Swanson, Minnehaha County Treasurer, spoke about Home Rule Charter.
Leah Anderson, Minnehaha County Auditor, spoke about Home Rule Charter.
COMMISSIONER LIAISON REPORTS
Commissioner Bleyenberg spoke about the Pettigrew House birthday party and Historic Tour Homes.
Commissioner Karsky spoke about the legislative priorities meeting with the City of Sioux Falls and other area Mayors.
Commissioner Kippley spoke about the recent meeting of the Minnehaha County Planning and Zoning Commission.
NON-ACTION
COMMISSION DISCUSSION
Commissioner Kippley and Commissioner Karsky provided an update regarding Home Rule Charter.
MOTION by Bender, seconded by Beninga, to enter into Executive Session pursuant to SDCL 1-25-2 (1), (3), (4), and (6) at 10:10 a.m. 5 ayes.
Chair Karsky declared the executive session concluded at 10:44 a.m.
MOTION by Bender, seconded by Bleyenberg, to adjourn at 10:45 a.m. 5 ayes.
The Commission adjourned until 5:00 p.m. on Tuesday, July 23rd, 2024.
APPROVED BY THE COMMISSION:
Dean Karsky
Chair
ATTEST:
Kym Christiansen
Commission Recorder
Published at the total approximate cost of $369.66 and can be viewed for free at www.sdpublicnotices.com.
7-25-24-1tc
Minutes of the Minnehaha County Commissioners Joint meeting with the City of Sioux Falls for July 23, 2024
THE MINNEHAHA COUNTY COMMISSION CONVENED AT 5:00 PM on July 23, 2024, pursuant to adjournment on July 23, 2024. COMMISSIONERS PRESENT WERE: Beninga, Bleyenberg, Karsky, and Kippley. Commissioner Bender was absent. Also present were Kym Christiansen, Commission Recorder, and Maggie Gillespie, Senior Deputy State's Attorney.
City Council Members present: Barranco, Basye, Cole, Merkouris, and Spellerberg. City Council Members Sigette, Soehl, and Thomason as well as Mayor TenHaken were absent.
Chair Karsky called the meeting to order.
MOTION by Bleyenberg, seconded by Beninga, to Approve the Agenda. 4 ayes. The City concurred.
CONDITIONAL USE
PERMIT APPEAL
Scott Anderson, Planning Director, gave a briefing on an appeal by the Joint Planning Commission to approve Conditional Use Permit #24-31 to allow a produce stand. The property is legally described as Tract 1 Ten Cate's Addition N1/2 NW1/4 Section 32-T101N-R48W Split Rock Township. The petitioner is GPHQ, LLC. and the property owner is Mason Prescott. The applicant is seeking a conditional use permit to allow a produce stand at 8201 E 41st Street. This item was heard by the Joint Planning Commission during the meeting held on June 24, 2024. Several concerned citizens and neighbors of the proposed produce stand were present at the meeting and stated their concerns about the operations. Most of the discussion involved traffic issues as well as other uses for the property, such as a church or church offices on the site and the number of unrelated people residing at the current residence. A letter of appeal was received on June 26, 2024. The reasons for the appeal are as follows: the potential caliber of people being introduced into the community; the amount of ongoing traffic that will flow through; how the produce is going to be "free food" and not monitored; and how this stand will directly affect the lives of people who live right next to it. The Minnehaha County Planning Commission voted to approve the proposed produce stand unanimously and the City of Sioux Falls Planning Commission voted to approve the proposed conditional use permit by a vote of 4-1. Public comment was received from Mason Prescott, James Bell, Caleb Gunther, Jesse VanHammer, Issac, Daniel Burlingame, Justin Heckle, Dianna, Josh Anderson, Kylie, Elizabeth Newton, Eric Weber, and Andre.
MOTION by Kippley, seconded by Bleyenberg, to Uphold the Decision of the Joint Planning Commission to Approve Conditional Use Permit #24-31. By roll call vote: 4 ayes. The City concurred.
CONTRACT CONSIDERATION
The Sioux Falls City Council took action regarding the consideration of contract No.24-1066: Elmwood Golf Course Clubhouse, LLC, $6,216,700. No action was taken by the Minnehaha County Board of Commissioners.
MOTION by Beninga, seconded by Kippley, to Adjourn at 5:40 p.m. 4 ayes. The City concurred.
The Commission adjourned until 9:00 a.m. on Tuesday, August 6, 2024.
APPROVED BY THE COMMISSION:
Dean Karsky
Chair
ATTEST:
Kym Christiansen
Commission Recorder
Published at the total approximate cost of $35.15 and can be viewed for free at www.sdpublicnotices.com.
7-25-24-1tc
NOTICE OF HEARING FOR THE ADOPTION OF THE PROVISIONAL BUDGET
NOTICE IS HEREBY GIVEN: That the Board of County Commissioners of Minnehaha County, will meet in the County Administration Building at Sioux Falls, South Dakota on Tuesday, September 3, 2024 at 9:00 A.M. for the purpose of considering the forgoing Provisional Budget for the year 2025 and the various items, schedules, amounts, and appropriations set forth therein and as many days thereafter as is deemed necessary until the final adoption of the budget on or before the 30th day of September, 2024. At such time any interested person may appear either in person or by a representative, and will be given an opportunity for a full and complete discussion of all purposes, objectives, items, schedules, appropriations, estimates, amounts and matters set forth and contained in the Provisional Budget.
-Leah Anderson, County Auditor, Sioux Falls, South Dakota
Published at the total approximate cost of $12.07 and can be viewed for free at www.sdpublicnotices.com.
7-25-24-1tc
NOTICE TO CREDITORS OF INFORMAL PROBATE AND APPOINTMENT OF PERSONAL REPRESENTATIVE
49PRO24-6
STATE OF SOUTH DAKOTA)
:SS
COUNTY OF MINNEHAHA )
IN CIRCUIT COURT
SECOND JUDICIAL CIRCUIT
In the Matter of the Estate of MICHAEL DALE OLSON SR.,
Deceased.
Notice is given that on the 03rd day of January, 2024, the following person was appointed as Personal Representative of the estate of Michael Dale Olson Sr.:
Denise Klein
241 W. 4th St., Unit #2
Tea, SD 57064
605-988-4160
Creditors of the decedent must file their claims within four (4) months after the date of the first publication of this Notice or their claims may be barred.
Claims may be filed with the Personal Representative (by sending to her attorney at the address below); or Claims may also be filed at the Courthouse with the Minnehaha County Clerk of Courts, and a copy of the claim must be mailed to the Personal Representative (through her attorney below).
/s/Denise Klein
Denise Klein,
Personal Representative Estate of Michael Dale Olson Sr.
241 W. 4th St., Unit #2, Tea, SD 57064 605-988-4160
ATTORNEY FOR PERSONAL
REPRESENTATIVE
Lindsay M. Harris, JD
Harris Law & Co.
5019 S. Bur Oak Pl., Sioux Falls, SD 57108 605-777-1772
Angelia Gries
MINNEHAHA COUNTY
CLERK OF COURTS
425 N. Dakota Ave.,
Sioux Falls, SD 57104
(605) 367-5900
Published three times at the total approximate cost of $53.53 and can be viewed for free at www.sdpublicnotices.com.
