Minutes of the Minnehaha County Commissioners for Feb. 6, 2024

            THE MINNEHAHA COUNTY COMMISSION CONVENED AT 9:00 AM on February 6, 2024, pursuant to adjournment on January 23, 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 Kippley, seconded by Bleyenberg, 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 January 23, 2024

            Bills to be Paid $1,652,359.20

1000BULBS.COM Electrical Repairs & Maint $805.88, 3200 RUSSELL LLC Motels $2160, 3D SPECIALTIES INC Bridge Repair & Maintenance $42.34, 405 S WALTS AVE LLC Welfare Rent $625, A BAR K INC Truck Repairs & Maintenance $507.3, A&B BUSINESS SOLUT Lease-Rental Agreement $400.59, A&B BUSINESS SOLUT Maintenance Contracts $659.02, A&B BUSINESS SOLUT Office Supplies $36.95, AARON GEORGE PROPERT Welfare Rent $1195, ABN ARMY SURPLUS COR Uniform Allowance $300, ADVANCED PEST SOLUTI Maintenance Contracts $70, AFFORDABLE HOUSING S Welfare Rent $400, AIRWAY SERVICE INC Automotive/Small Equipment $3698.81, AIRWAY SERVICE INC Gas Oil & Diesel $322.75, AIRWAY SERVICE INC HIDTA Grant $100.87, AL JONES Misc Revenue $300, ALCOHOL MONITORING S Program Supplies $373.54, ALL NATIONS INTERPRE Interpreters $6864.1, AMAZON RET* 111-5702 Inmate Supplies $256, AMAZON RET* 111-8803 Office Supplies $26.97, AMAZON RET* 113-8663 Office Supplies $10.82, AMAZON RET* 114-4721 Child Care Food $71.18, AMAZON RET* 114-4721 Child Care Items $18.56, AMAZON RET* 114-4721 Child Care Uniforms $126.19, AMAZON RET* 114-4721 Office Supplies $37.19, AMAZON RET* 114-8091 Child Care Food $6.68, AMAZON RET* 114-8254 Child Care Items $8.79, AMAZON RET* 114-8254 Supplemental Food $55.43, AMAZON RET* SHOP TOO Small Tools & Shop Supplies $50.22, AMAZON.COM Automotive/Small Equipment $-13.11, AMAZON.COM Books $38.5, AMAZON.COM Child Care Food $283.8, AMAZON.COM Child Care Items $261.37, AMAZON.COM Clinics - Auxiliary Services $59.1, AMAZON.COM Data Processing Supplies $3025.84, AMAZON.COM Furniture & Office Equipment $1329.17, AMAZON.COM Inmate Supplies $373.87, AMAZON.COM JAG Grant 2023 $130.83, AMAZON.COM Jail Repairs & Maintenance $131.37, AMAZON.COM Kitchen/Cleaning Supplies $250.15, AMAZON.COM Miscellaneous Expense $22.99, AMAZON.COM Office Supplies $1619.09, AMAZON.COM Other Supplies $157.68, AMAZON.COM Professional Services $29.97, AMAZON.COM Program Activities $88.99, AMAZON.COM Small Tools & Shop Supplies $195.87, AMAZON.COM Supplemental Food $9.68, AMAZON.COM Telephone $22.93, AMAZON.COM Uniform Allowance $314.74, AMAZON.COM Volunteer Pers Items $21.99, AMAZON.COM LLC Jail Repairs & Maintenance $337.66, AMAZON.COM LLC Janitorial Chemical Supplies $99.36, AMAZON.COM LLC Office Supplies $39.99, AMAZON.COM LLC Small Tools & Shop Supplies $29.62, AMAZON.COM LLC Uniform Allowance $210, AMAZON.COM*6H42R7D03 Office Supplies $36.8, AMAZON.COM*941HP7L73 Office Supplies $25.4, AMAZON.COM*A55875Y93 Child Care Food $65.13, AMAZON.COM*A55875Y93 Child Care Uniforms $33.9, AMAZON.COM*IV77F4YT3 Automotive/Small Equipment $299.98, AMAZON.COM*R02A06TA0 Child Care Items $14.57, AMAZON.COM*R03QU0060 Office Supplies $68.39, AMAZON.COM*R07TV3E20 Office Supplies $91.1, AMAZON.COM*R08IM33C0 Child Care Food $35.04, AMAZON.COM*R83C77G01 Child Care Food $134.02, AMAZON.COM*R83C77G01 Office Supplies $45.55, AMAZON.COM*R83HB7H80 Inmate Supplies $32.34, AMAZON.COM*R87R04MK0 Clinics - Auxiliary Services $22.76, AMAZON.COM*R88CZ9MB1 Uniform Allowance $35.1, AMAZON.COM*RA8EU15T3 Books $46.32, AMAZON.COM*RT01F7DI2 Small Tools & Shop Supplies $242.12, AMAZON.COM*RT16R75G0 Books $572.32, AMAZON.COM*RT38L8JD0 Books $7.69, AMAZON.COM*RT3J89DW1 Child Care Items $26.56, AMAZON.COM*RT5QX3ND0 Automotive/Small Equipment $124.99, AMAZON.COM*RT6D09F22 Data Processing Supplies $116.31, AMAZON.COM*RT6ZT9EN0 Parts Inventory $135.2, AMAZON.COM*RT87T4LM1 Kitchen/Cleaning Supplies $99.98, AMAZON.COM*TK17645T2 Child Care Uniforms $143.78, AMAZON.COM*TK17645T2 Supplemental Food $5.01, AMAZON.COM*TK1G57F12 Data Processing Supplies $519.6, AMAZON.COM*TK3MO8BV1 Other Supplies $18.8, AMAZON.COM*TK5Y586Z2 Office Supplies $41.38, AMAZON.COM*TK6XB3MN1 Automotive/Small Equipment $106.07, AMAZON.COM*TK89Z57P1 Inmate Supplies $105.72, AMAZON.COM*TK91G8SH1 Parts Inventory $130.6, AMAZON.COM*TK93J01X2 Other Supplies $125.97, AMAZON.COM*ZT0II1MK3 Office Supplies $14.54, AMBER LOUNSBERY Program Activities $100, AMZN MKTP US JAG Grant 2023 $-86.04, AMZN MKTP US Office Supplies $-658.15, AMZN MKTP US Sign Supply Inventory $-194.99, AMZN MKTP US*RT1564S Office Supplies $67.6, AMZN MKTP US*TK2EK9C Office Supplies $27.63, AMZN MKTP US*TK8E30N Office Supplies $107.72, ANC*NEWSPAPERS.COM Subscriptions $59.9, ANDERSON, JENNIFER Bd Evaluations (Minnehaha) $4381.6, ANDERSON, LEAH Business Travel $289.5, ANGEL, EDWARD P Attorney Fees $159, ARI SHOW Program Activities $100, ARS Jail Repairs & Maintenance $515, ASH LAW OFFICE PLLC Attorney Fees $2122.7, ASH LAW OFFICE PLLC Child Defense Attorney $1040.94, AUSTAD'S GOLF - SFE Insurance-Other Costs $100, AUTOMATIC BUILDING C Building Repairs & Maintenance $106.12, AUTOMATIC SECURITY C Professional Services $960, AVERA HEART HOSPITAL Hospitals $13079.06, AVERA MCKENNAN Hospitals $11170.36, AVERA MCKENNAN Professional Services $4200, AVERA MCKENNAN Subaward Contracts $14085.62, AVI SYSTEMS INC Communication Equipment $6589.06, AXIS FORENSIC TOXICO Lab Costs $2875, AXON ENTERPRISE INC Safety & Rescue Equipment $138.05, BALOUN LAW PC Child Defense Attorney $277.75, BETZ BLINDS INC Repair/Renovations $19371.61, BILLION EMPIRE MOTOR Automobiles $44768, BILLION EMPIRE MOTOR Truck Repairs & Maintenance $6.36, BOB BARKER COMPANY I Inmate Supplies $1577.2, BOSMAN, JOSEPH Uniform Allowance $240.35, BRAUN, MASON Investigators Expenses $87.72, BRISTOL COURT LTD PA Welfare Rent $900, BULLIS, MATTHEW Investigators Expenses $118.32, BURNS, JASON Investigators Expenses $219.3, BWY*FBINAA NATL OFFI Memberships $125, CADD ENGINEERING SUP Program Activities $405, CANFIELD BUSINESS IN Furniture & Office Equipment $-1000, CANFIELD BUSINESS IN Office Supplies $1149.62, CASEY KLUNGSETH Program Activities $100, CASEYS GENERAL STORE Extradition & Evidence $10.3, CASEYS GENERAL STORE Gas Oil & Diesel $48.26, CDW GOVERNMENT Software $1490.08, CENTER FOR FAMILY ME Professional Services $1662.93, CENTURY BUSINESS PRO Lease-Rental Agreement $217.46, CENTURY BUSINESS PRO Maintenance Contracts $349.26, CHAGOLLA, ALBERT Interpreters $175, CHASING WILLOWS LTD Welfare Rent $500, CHS INC Gas Oil & Diesel $47.99, CINTAS CORPORATION Janitorial Chemical Supplies $353.46, CINTAS CORPORATION Uniform Allowance $86.64, CLARK BRANDS, LLC. Gas Oil & Diesel $34.29, CLASSIFIED VERTICALS Publishing Fees $549, COLD FRONT Program Activities $2250, COM-TEC Jail Repairs & Maintenance $3385.73, COMPUTER FORENSIC RE Professional Services $2005, CONCORDANCE HEALTHCA COVID Expenses $1264, CONSTELLATION Natural Gas $33710.3, CONTROL INSTALLATION Building Repairs & Maintenance $249.9, CORRECTIONAL MEDICAL Contract Services $421701.94, COSTCO WHOLESALE COR Office Supplies $40.66, COUNTRY VIEW LLC Welfare Rent $828.26, COVERTTRACK GROUP IN HIDTA Grant $606.45, CPI/GUARDIAN Inmate Supplies $4780.5, CRANBROOK, KATHERYN Child Defense Attorney $3375, CRANBROOK, KATHERYN Professional Services $6500, CSF* RTIC FXJQ JAG Grant 2023 $1020.51, CYNTOM PROPERTIES AN Welfare Rent $1800, DACOTAH PAPER CO Janitorial Chemical Supplies $936.16, DAKOTA EMBALMING & T Transportation $1075, DAKOTA FLUID POWER I Heavy Equip Repairs & Maint $272.22, DAKOTA FLUID POWER I Truck Repairs & Maintenance $839.82, DAKOTA LAW FIRM PROF Attorney Fees $503.4, DAKOTA LETTERING ETC Uniform Allowance $202.5, DAKOTA SUPPLY GROUP Jail Repairs & Maintenance $866.89, DAKOTALAND AUTOGLASS Automotive/Small Equipment $589.97, DAKOTALAND AUTOGLASS Truck Repairs & Maintenance $390, DALSIN INC JDC Maintenance $1325.92, DANIEL, JEREMY Professional Services $525, DAYS INN AIRPORT Motels $65, DECASTRO LAW OFFICE Attorney Fees $731.6, DELL MARKETING LP Data Processing Equipment $99977.13, DELTA AIR LINES, INC Business Travel $1836.59, DEMATTEO LAW FIRM PR Child Defense Attorney $915.1, DENHERDER LAW OFFICE Attorney Fees $161.66, DISCOUNT TIRE SDS 01 Gas Oil & Diesel $670, DOLLAR TREE STORES I Safe Home Donations $13.75, DOUBLE H PAVING INC Snow Removal $35588.25, DUST TEX SERVICE INC Janitorial Chemical Supplies $73.77, EIDE BAILLY LLP Professional Services $75, ELECTION SYSTEMS & S Software/Licensing $8957.81, ELECTRICAL ASSOCIATI Education & Training $371, ETC FOR HER MAGAZINE Advertising $4050, ETTERMAN ENTERPRISES Small Tools & Shop Supplies $133.78, F AND M PROPERTIES Welfare Rent $455, FACEBK P8CY5Y73L2 Advertising $183.32, FASTENAL COMPANY Jail Repairs & Maintenance $7.92, FASTENAL COMPANY Sign Supply Inventory $115.99, FHWA - MISC PAYMENTS Education & Training $4350, FIRST PREMIER BANK Investigators Expenses $200.42, FLEETPRIDE INC Truck Repairs & Maintenance $257.46, FM ACOUSTICAL TILE I Building Repairs & Maintenance $125.95, FOX, DANIEL Bd Exp Fees (Yankton) $90.75, FRANTZEN REPORTING Attorney Fees $503, G & H INVESTMENTS LL Welfare Rent $272, G & R CONTROLS INC Coliseum $257.5, G & R CONTROLS INC Heat, Vent & AC Repairs $224.03, G & R CONTROLS INC Uniform Allowance $907.5, GALLS PARENT HOLDING Uniform Allowance $39.47, GAN*1085ARGUSLEADCIR Office Supplies $26.55, GBR INC Interpreters $120, GIRTON ADAMS Building Repairs & Maintenance $225.6, GOEBEL PRINTING INC Printing/Forms $15288.11, GOLDEN WEST Telephone $69.95, GORDYS INC Gas Oil & Diesel $32.8, GRAHAM TIRE CO DOWNT Motor/Machine/Equipment Repair $104.92, GRAHAM TIRE CO NORTH Automotive/Small Equipment $584, GRAINGER Building Repairs & Maintenance $23.66, GRAINGER Heat, Vent & AC Repairs $145.3, GRAINGER Inmate Supplies $14.56, GRAINGER Jail Repairs & Maintenance $68.73, GRAYBAR ELECTRIC COM Electrical Repairs & Maint $518.17, GRIESE LAW FIRM Attorney Fees $652.1, GUZMAN, SANDRA V Interpreters $450, HARBOR FREIGHT TOOLS Heavy Equip Repairs & Maint $39.98, HARTFORD'S BEST PAIN Automotive/Small Equipment $2370.25, HEATHER MYERS Uniform Allowance $113.5, HEIDEPRIEM PURTELL Attorney Fees $10265.05, HERITAGE FUNERAL HOM Burials $2500, HOLIDAY SIOUX FALLS Welfare Rent $959.9, HURTGEN, PROPERTIES Welfare Rent $700, HYVEE ACCOUNTS RECEI Child Care Food $155.83, HYVEE ACCOUNTS RECEI Insurance-Other Costs $250, HYVEE ACCOUNTS RECEI Postage $198, HYVEE ACCOUNTS RECEI Program Activities $214.08, I STATE TRUCK CENTER Truck Repairs & Maintenance $3103.27, IMEG CORP Architects & Engineers $2350, IMPACT RECOVERY Sign Supply Inventory $890, INNOVATIVE OFFICE SO HHS Custodial Supplies $6757.61, INNOVATIVE OFFICE SO Janitorial Chemical Supplies $8753.43, INNOVATIVE OFFICE SO Office Supplies $56.25, INTERSTATE ALL BATTE Truck Repairs & Maintenance $434.85, INTERSTATE COMMERCIA Jail Repairs & Maintenance $103.07, INTERSTATE OFFICE PR Kitchen/Cleaning Supplies $122.55, INTERSTATE OFFICE PR Office Supplies $871.69, INTERSTATE POWER SYS Jail Repairs & Maintenance $763.8, ISI LLC Interpreters $540, JARED HOFFMAN Program Activities $100, JAY-CEE SALES & RIVE Sign Supply Inventory $577.32, JCL SOLUTIONS Inmate Supplies $2910, JCL SOLUTIONS Kitchen/Cleaning Supplies $8510.96, JEFFERSON PARTNERS L Transportation $1526.94, JEFFERSON VILLAGE AP Welfare Rent $700, JEO CONSULTING GROUP Architects & Engineers $1707.5, JOHNSON CONTROLS INC Building Repairs & Maintenance $261.38, JOHNSON, KATIE Attorney Fees $782.9, KADING KUNSTLE & Child Defense Attorney $2522.5, KATTERHAGEN, MARK Bd Exp Fees (Yankton) $21, KAUFFMAN, DAVID W PH Psych Evals $5400, KENNEDY, RENEE S Court Reporters $530.1, KIBBLE EQUIPMENT LLC Truck Repairs & Maintenance $379.91, KNECHT, ANDREW J Attorney Fees $4216.7, KOCH, ELIZABETH J Bd Exp Fees (Minnehaha) $1040, KOLETZKY LAW OFFICE Attorney Fees $462.1, KONE INC Maintenance Contracts $1135.14, KUM&GO 0615R ELK POI Gas Oil & Diesel $44.8, KURITA AMERICA HOLDI Heat, Vent & AC Repairs $40617.88, LACEY RENTALS INC Lease-Rental Agreement $135, LANDS END BUS OUTFIT Special Projects $250.55, LARSON, VALERIE Bd Exp Fees (Yankton) $6, LEWIS DRUGS INC Clinics - Auxiliary Services $516.36, LEWIS DRUGS INC Homeless Initiatives $40, LEWIS DRUGS INC Pharmacies $43.15, LEWIS DRUGS INC Postage $30.75, LEWNO LAW OFFICE Bd Exp Fees (Yankton) $184.88, LEXMARK US B2B Other Repairs $272.38, LG EVERIST INC Bridge Repair & Maintenance $4232.93, LIGHT AND SIREN Automotive/Small Equipment $1722.25, LISA KUTTER Program Activities $100, LJ'S AUTO REPAIR Gas Oil & Diesel $874.13, LODGES LLC Welfare Rent $700, LOPEZ, REBECA Interpreters $484.03, LOVING, PHILIP Bd Evaluations (Minnehaha) $2493.37, LUMABO LLC Welfare Rent $800, LUTHERAN SOCIAL SVCS Evening Report Center $2424.46, LUTHERAN SOCIAL SVCS Shelter Care/Reception Center $74966.51, LYNN, JACKSON, SHULT Child Defense Attorney $1511.8, MAC'S HARDWARE Jail Repairs & Maintenance $15.99, MAC'S HARDWARE Small Tools & Shop Supplies $31.99, MAC'S SIOUX FALLS, S Automotive/Small Equipment $-0.26, MAC'S SIOUX FALLS, S Sign Supply Inventory $0, MAC'S SIOUX FALLS, S Truck Repairs & Maintenance $8.34, MACLIN CONSULTING LL Professional Services $3750, MAILCHIMP Advertising $60, MALLOY ELECTRIC Jail Repairs & Maintenance $17.78, MEADOWLAND APARTMENT Welfare Rent $700, MEDIA USA INC Advertising $595, MEDSTAR PARAMEDIC IN Transportation $6000, MELSIOR, TIFFANY K Interpreters $62.45, MENARD INC Bldg/Yard Repair & Maintenance $289.88, MENARD INC Building Repairs & Maintenance $174.62, MENARD INC Electrical Repairs & Maint $97.64, MENARD INC Janitorial Chemical Supplies $48.96, MENARD INC Program Activities $496, MENARD INC Small Tools & Shop Supplies $63.94, MENARD INC Truck Repairs & Maintenance $19.99, MENARD INC Uniform Allowance $27.05, METRO COMMUNICATIONS Miscellaneous Expense $209093.8, MICHAEL LONG Other Supplies $5.29, MICHAELS STORES 9602 Office Supplies $4.98, MICHAELS STORES 9602 Other Supplies $1.69, MICROFILM IMAGING SY Contract Services $2171.6, MICROFILM IMAGING SY Lease-Rental Agreement $645, MICROFILM IMAGING SY Maintenance Contracts $633, MICROFILM IMAGING SY Software $200, MIDAMERICAN ENERGY C Natural Gas $8704.14, MIDCONTINENT COMMUNI Amounts Held For Others $257.78, MIDCONTINENT COMMUNI Telephone $115.39, MIDLAND INC Jail Repairs & Maintenance $615.89, MIDSTATES UNIFORM & Miscellaneous Expense $25.58, MIDSTATES UNIFORM & Uniform Allowance $48.46, MIDWEST PETROLEUM EQ Parts Inventory $149.61, MIDWEST UNDERGROUND Heavy Equip Repairs & Maint $526.78, MIDWESTERN MECHANICA Coliseum $125, MIDWESTERN MECHANICA Contract Services $1140, MIDWESTERN MECHANICA HHS Maintenance $265, MIDWESTERN MECHANICA Jail Repairs & Maintenance $790, MIDWESTERN MECHANICA JDC Maintenance $145, MINNEHAHA CNTY TREAS Automotive/Small Equipment $26.7, MINNEHAHA CNTY TREAS Miscellaneous Expense $16.5, MINNEHAHA COMMUNITY Tea-Ellis Range $60, MINNEHAHA COMMUNITY Water - Sewer $60, MINUTEMAN PRESS Printing/Forms $399.99, MOBOTREX INC Sign Supply Inventory $227, MOTOROLA SOLUTIONS I Communication Equipment $284.97, MOTOROLA SOLUTIONS I Homeland Security $16744.74, NACDL Memberships $1392, NAPA AUTO PARTS Automotive/Small Equipment $27.88, NAPA AUTO PARTS Parts Inventory $48.24, NATIONAL ASSOCIATION Business Travel $-194, NATIONAL ASSOCIATION Education & Training $1106, NATIONAL SHERIFFS AS Education & Training $677.25, NELSON, ADAM D. Program Activities $233.46, NICHOLSON LAW Child Defense Attorney $1112.8, NOREGON SYSTEMS INC Education & Training $119.98, NORTH CAROLINA DEPT Contract Services $256.05, NOVAK Trash Removal $597.61, O R CLYNE LAW OFFICE Child Defense Attorney $620.6, O'REILLY 1534 Gas Oil & Diesel $18.99, OFFICE DEPOT INC Data Processing Supplies $1092.3, OFFICE DEPOT INC Office Supplies $1374.52, OFFICE DEPOT INC Publishing Fees $89.18, OPEKE G NIEMEYER Repair/Renovations $4305, PARIS LV ROOM RESRVA Business Travel $146.26, PAYPAL *RADTRAINING Education & Training $910, PENBROOKE PLACE APAR Welfare Rent $740.8, PENNING, LESLIE A Bd Exp Fees (Minnehaha) $272, PETTIGREW HEIGHTS AP Welfare Rent $500, POMPS TIRE SERVICE I Truck Repairs & Maintenance $3438.68, PRAHM CONSTRUCTION I Contracted Construction $96039.25, PREMIER REAL ESTATE Welfare Rent $700, PRICE, THOMAS L Professional Services $7200, QUALIFIED PRESORT SE Postage $184.86, QUALIFIED PRESORT SE Printing/Forms $3554.75, QUALIFIED PRESORT SE Publishing Fees $660.06, QUALSETH, RYAN Investigators Expenses $114.75, R&L SUPPLY LTD Building Repairs & Maintenance $53, R&L SUPPLY LTD Heat, Vent & AC Repairs $865.43, RAM CONSULTING Education & Training $2325, RAMKOTA HOTEL Business Travel $25.44, RAMKOTA HOTEL Program Activities $822, RDO CONSTRUCTION EQU Heavy Equip Repairs & Maint $331.57, REEVES, MEGAN Court Reporters $53.9, RENTOKIL NORTH AMERI Professional Services $74.44, RESOLUTE LAW FIRM IN Attorney Fees $14849.14, RIDDLE'S-#124 Special Projects $200, RIFLE PAPER CO FAIRE Store Inventory $421.39, RINGING SHIELD,NICHO Bd Evaluations (Minnehaha) $880, RISEVISION Software $144, RISEVISION Subscriptions $576, RISTY, MAXINE J Court Reporters $131.75, RIVERVIEW PARK LTD Welfare Rent $78, ROBERT MASON Taxable Meal Allowances $20, ROEMEN'S AUTOMOTIVE Automotive/Small Equipment $17.58, ROEMEN'S AUTOMOTIVE Gas Oil & Diesel $73.34, RON TURLEY ASSOCIATE Software $1332.5, ROTOROOTER Trash Removal $385, RUNNING SUPPLY INC Jail Repairs & Maintenance $716.94, RUNNING SUPPLY INC JDC Maintenance $29.55, RUNNING SUPPLY INC Uniform Allowance $125, SAFE HOME LTD PTNRSH Rent Subsidies $12135, SALEM, KARLA R Bd Evaluations (Minnehaha) $5775, SANFORD Lab Costs $487.32, SANFORD Other Medical Services $349.94, SARAH LUEDERS Program Activities $100, SCHAEFER, WILLIAM M Bd Exp Fees (Yankton) $15, SCHAUNAMAN, KURT Other Supplies $70.97, SCHEELS ALL SPORTS Uniform Allowance $105.98, SD EMERGENCY MANAGEM Memberships $30, SD HUMAN SERVICES CE Clinics - Auxiliary Services $28.8, SD HUMAN SERVICES CE Psych Evals $600, SD PLANNERS ASSOCIAT Memberships $50, SD PUBLIC ASSURANCE Comprehensive Gen Liability $265.84, SHELL OIL 2911361710 Gas Oil & Diesel $40.44, SHELL OIL10015067019 Gas Oil & Diesel $47.23, SHELLBACK TACTICAL L JAG Grant 2023 $84, SHORT ELLIOTT HENDRI Architects & Engineers $9460.87, SIOUX EMPIRE SOCIETY Education & Training $99, SIOUX EMPIRE SOCIETY Professional Services $396, SIOUX FALLS CITY Architect, Engineers, and PMgt $110, SIOUX FALLS CITY Clinics - Auxiliary Services $281.54, SIOUX FALLS CITY Electricity $11261.58, SIOUX FALLS CITY Water - Sewer $13694.3, SIOUX FALLS CITY Welfare Utilities $368.82, SIOUX FALLS RUBBER S Office Supplies $96.87, SIOUX FALLS RUBBER S Other Supplies $98.42, SISSON PRINTING INC Jury Fees $219.2, SOUTHEASTERN BEHAVIO Crisis Intervention Program $4505.1, SOUTHEASTERN BEHAVIO Professional Services $2669, SP BORN PRIMITIVE JAG Grant 2023 $789.4, SPEEDWAY 04709 Gas Oil & Diesel $22.69, SQ *JIM & RON'S SERV Professional Services $660, SQ *NATIONAL TACTICA Education & Training $55, SRF CONSULTING GROUP Architects & Engineers $2996.29, STACY STAHL Misc Revenue $150, STATE OF SOUTH DAKOT Amts Held-Daily Scram $8635, STATE OF SOUTH DAKOT Amts Held-Remote Breath $1506, STATE OF SOUTH DAKOT Bridge Repair & Maintenance $200, STATE OF SOUTH DAKOT Data Communications $220, STATE OF SOUTH DAKOT Due To Other Governments $6318, STATE OF SOUTH DAKOT Extension Background Checks $130, STATE OF SOUTH DAKOT Miscellaneous Expense $99, STATE OF SOUTH DAKOT Office Supplies $127.84, STATE OF SOUTH DAKOT Printing/Forms $372, STATE OF SOUTH DAKOT Road Maint & Material $300, STATE OF SOUTH DAKOT Sign Supply Inventory $2046.31, STATE OF SOUTH DAKOT Special Projects $42.8, STATE OF SOUTH DAKOT Telephone $819, STREICHERS INC Uniform Allowance $1015.95, SUMMIT FIRE PROTECTI Coliseum $385, SUMMIT FOOD SERVICE Child Care Food $1827.61, SUMMIT FOOD SERVICE Inmate Supplies $758.05, SUMMIT FOOD SERVICE School Lunch Program $4062.17, SUPERION, LLC Education & Training $1998, SURAJ CHHETRI Taxable Meal Allowances $20, TCN INC Telephone $63.95, THE DAKOTA SCOUT LLC Subscriptions $58.57, THE HOME DEPOT 4301 Furniture & Office Equipment $798, THE HOME DEPOT 4301 Small Tools & Shop Supplies $1168.41, THE UPS STORE 2125 Jail Repairs & Maintenance $42.87, THINK TOURISM USA LL Advertising $1725, TIGER MOWERS LLC Truck Repairs & Maintenance $186.28, TIRES TIRES TIRES IN Gas Oil & Diesel $76.75, TRAF-O-TERIA SYSTEM Printing/Forms $440.4, TRANSOURCE TRUCK & E Truck Repairs & Maintenance $369.92, TRI-STATE NURSING Professional Services $7165.82, TSCHETTER & ADAMS LA Attorney Fees $1602.56, TSCHETTER & ADAMS LA Child Defense Attorney $5511.53, TWILIO INC Maintenance Contracts $90.02, TZADIK SIOUX FALLS I Welfare Rent $3460.57, TZADIK SIOUX FALLS P Welfare Rent $673, ULINE Building Repairs & Maintenance $1123.82, ULINE Furniture & Office Equipment $116.41, ULINE Inmate Supplies $162.41, UNITED PARCEL SERVIC Postage $114.07, US FOODS INC Other Supplies $208.95, US FOODS INC Professional Services $1561.8, US POSTAL SERVICE Postage $3296.64, VITAL RECORDS Records Storage $3464.69, WALGREENS Exhibit Preparation $5.85, WALL LAKE SANITARY D Water - Sewer $90, WALMART STORES INC Automotive/Small Equipment $30.32, WALMART STORES INC Child Care Food $353.22, WALMART STORES INC Office Supplies $122.41, WALMART STORES INC Professional Services $83.82, WALMART STORES INC Program Activities $35.76, WASTE MANAGEMENT OF Trash Removal $50, WERNKE, LAURIE Bd Exp Fees (Minnehaha) $42.67, WESTVIEW HEIGHTS Welfare Rent $500, WESTWOOD LIMITED PAR Welfare Rent $3093, WHEELCO Truck Repairs & Maintenance $241.57, WWW.AMAZON* 111-1729 Kitchen/Cleaning Supplies $25.14, WWW.AMAZON* 112-2276 Child Care Food $89.29, WWW.AMAZON* 113-6247 Office Supplies $135.84, WWW.AMAZON* 114-8091 Child Care Food $7.68, WWW.AMAZON* SHOP SUP Small Tools & Shop Supplies $20.84, XCEL ENERGY Electricity $59471.42, XCEL ENERGY Road Maint & Material $35.53, XCEL ENERGY Welfare Utilities $287, XCEL ENERGY INC Welfare Utilities $500, YANKTON COUNTY Attorney Fees $529.3, YANKTON COUNTY Return Of Service $100, ZOOM VIDEO COMMUNICA Software $149.9.

January 2024 Commission Salaries

COMMISSION Salaries            $37,739.50

AUDITOR         Salaries            $61,594.56

TREASURER     Salaries            $104,604.39

INFORMATION TECHNOLOGY Salaries            $91,376.58

STATES ATTORNEY      Salaries            $478,367.68

PUBLIC DEFENDER      Salaries            $286,416.35

PUBLIC ADVOCATE     Salaries            $87,038.64

FACILITIES       Salaries            $63,867.83

EQUALIZATION           Salaries            $121,779.29

REGISTER OF DEEDS   Salaries            $52,339.31

HUMAN RESOURCES  Salaries            $39,757.43

SHERIFF           Salaries            $1,673,915.57

JUVENILE DETENTION CENTER           Salaries            $221,667.76

HIGHWAY        Salaries            $198,084.45

HUMAN SERVICES       Salaries            $161,684.43

MUSEUM        Salaries            $94,200.63

PLANNING       Salaries            $46,594.71

EXTENSION     Salaries            $3,697.00

            The following reports were received and placed on file in the Auditor's Office:

November 2023 Report for the Juvenile Detention Center

December 2023 Report for the Juvenile Detention Center

4th Quarter 2023 Report for the Juvenile Detention Center

Coroners Report - December 2023

Opioid Settlement Annual Financial Report 2023

January 2024 Building Permit Report

      Routine Personnel Actions

New Hires

            1. Teresa Cassella, Legal Office Assistant for the State's Attorney's Office, at $21.85/hour (10/2) effective 1/22/2024.

            2. Brittany Fern, Legal Office Assistant for the State's Attorney's Office, at $21.85/hour (10/2) effective 2/5/2024.

            3. James Gigante, variable hour Civil Process Server for the Sheriff's Office, at $22.00/hour effective 2/5/2024.

            4. Justin Pontarelli, Security Administrator for the Information Technology Department, at $37.63/hour (21/1) effective 2/7/2024.

Promotions

            1. Braden Gustafson, Corrections Systems Operator to Correctional Officer for the Jail, at $25.37/hour (14/1) effective 2/3/2024.

Step Increases

            1. Keith Wynia, Air Guard Division Supervisor for the Air Guard, at $46.99/hour (20/12) effective 2/8/2024.

            2. Rhonda Bennett, Accountant for the Auditor's Office, at $32.45/hour (16/5) effective 2/17/2024.

            3. Christopher Lilla, Director of the Equalization Office, at $4,694.40/biweekly (24/5) effective 1/7/2024.

            4. Scott McGaha, Maintenance Team Member for the Highway Department, at $25.98/hour (12/4) effective 1/29/2024.

            5. Maggie Garry, Human Resources Generalist for the Human Resources Department, at $42.57/hour (17/14) effective 2/9/2024.

            6. Jesimae Breuer, Correctional Officer for the Jail, at $30.14/hour (14/6) effective 1/18/2024.

            7. Nicholas Rebnord, Corporal for the Jail, at $34.09/hour (17/5) effective 1/13/2024.

            8. Leah Bouw, Administrative Secretary for the Sheriff's Office, at $26.64/hour (10/9) effective 2/10/2024.

            9. Nathan Moser, Deputy Sheriff for the Sheriff's Office, at $34.93/hour (17/6) effective 2/20/2024.

            10. Daniel Christiansen, Deputy Sheriff for the Sheriff's Office, at $39.54/hour (17/11) effective 12/27/2023.

            11. Joseph Bosman, Captain for the Sheriff's Office, at $4,810.40/biweekly (23/10) effective 2/2/2024.

            12. Brianna Palomaki, Senior Deputy State's Attorney for the State's Attorney's Office, at $3,852.80/biweekly (22/5) effective 1/4/2024.

            13. Rhett Bye, Senior Deputy State's Attorney for the State's Attorney's Office, at $4,467.20/biweekly (22/11) effective 1/4/2024.

Special Personnel Action

            1. To end EMT specialty pay for Paul Schuster, Deputy Sheriff for the Sheriff's Office, resulting in a rate of $34.25/hour effective 2/3/2024.

            To record significant employee anniversaries for February 2024: 5 years-Kassandra DeHaai, Marc Troft; 10 years-Carolyn Johnson; 15 years-Maggie Garry, Matthew Tooley; 20 years-Jason Toering.

            To record volunteers in County Departments for January 2024. This list is on file at Human Resources.

            Abatement Applications Recommended for Approval by the Director of Equalization:

Parcel-73034, Veteran Exempt PT10-4-40, 2022 Property Taxes, $133.67

Parcel-73034, Veteran Exempt PT10-4-40, 2023 Property Taxes, $1,760.02

Parcel-59140, Veteran Exempt PT10-4-40, 2022 Property Taxes, $171.87

Parcel-59140, Veteran Exempt PT10-4-40, 2023 Property Taxes, $1,880.43

Parcel-45497, Veteran Exempt PT10-4-40, 2022 Property Taxes, $183.83

Parcel-45497, Veteran Exempt PT10-4-40, 2023 Property Taxes, $2,041.61

Parcel-93562, Joe Gierut & Katherine Douglas, 2023 Property Taxes, $839.48

Parcel-94570, Rebecca L. Collins, 2023 Property Taxes, $1,012.50

Parcel-93230, Loren Bogen & Barbara Bogen , 2023 Property Taxes, $982.01

Parcel-26320, Assessment Freeze, 2023 Property Taxes, $832.41

Parcel-41074, Assessment Freeze, 2023 Property Taxes, $457.05

Parcel-64160, Veteran Exempt Surviving Spouse, 2023 Property Taxes, $1,671.25

Parcel-45068, Bradley & Sarah Nelson, 2023 Property Taxes, $555.48

Parcel-48565, Assessment Freeze, 2023 Property Taxes, $1,078.82

Notice and Requests

            Authorize the Auditor to publish a Notice of Hearing on February 27, 2024, for an Application to Transfer a Retail (on-sale) Liquor License to BH b.a.r., LLC.

Items within Policy Guidelines

            Authorize the Chair to sign the annual Equitable Sharing Agreement and Certification form as part of the Department of Justice Asset Forfeiture Program

RESOLUTION

            Jason Gearman, Director of Emergency Management, presented a resolution to adopt the 2023 Pre-Disaster Mitigation Plan for Minnehaha and Lincoln Counties. In November 2021, the South Eastern Council of Governments (SECOG), on behalf of Minnehaha and Lincoln Counties, applied for a Building Resilient Infrastructure Communities (BRIC) grant to update the Plan. The grant covers SECOG's administrative fees for the application and the work they provide for the plan itself. Minnehaha County is responsible for a 25% soft (in-kind) match and due to the in-kind match, there will be no cash fund needed. Minnehaha and Lincoln Counties, and the communities within the counties met several times in early 2023 to update the Minnehaha and Lincoln Counties BRIC plan (Building Resilient Infrastructure and Communities), which was previously named the Pre-Disaster Mitigation Plan. To be eligible for funding, each governing body needs to adopt the updated plan and the plan is good for five years.  MOTION by Bender, seconded by Kippley, to adopt Resolution MC 24-08 Declaring Support and Adoption of the 2023 Pre-Disaster Mitigation Plan for Minnehaha and Lincoln Counties. By roll call vote: 5 ayes.

RESOLUTION NO.MC 24-08

            A RESOLUTION OF THE MINNEHAHA COUNTY COMMISSION DECLARING SUPPORT AND ADOPTION OF THE 2023 PRE-DIASTER MITIGATION PLAN FOR MINNEHAHA AND LINCOLN COUNTIES.

            WHEREAS, the Minnehaha County Commission supports the contents of the 2023 Pre-Disaster Mitigation Plan for Minnehaha and Lincoln Counties; and

            WHEREAS, the 2023 Pre-Disaster Mitigation Plan for Minnehaha and Lincoln Counties will be utilized as a guide for planning related to FEMA Hazard Mitigation and other purposes as deemed appropriate by the Minnehaha County Commission.

            NOW THEREFORE BE IT RESOLVED, that the Minnehaha County Commission hereby adopts, supports, and will facilitate the implementation of the 2023 Pre-Disaster Mitigation Plan for Minnehaha and Lincoln Counties.

Dated this 6th day of February 2024.

MINNEHAHA COUNTY:                                                    

By: Dean Karsky, Chair

Attest: Leah Anderson, Auditor

By: Kym Christiansen,

 Deputy Auditor

    LEASE AGREEMENT

Josh Phillips, Sheriff's Office, presented a vehicle lease agreement renewal between the Minnehaha County Sheriff's Office and Vern Eide Motorcars, Inc. for use by the drug investigator. The cost per vehicle, per month for a leased vehicle will at a cost of $600 per vehicle, per month, through December 31, 2025. The High Intensity Drug Trafficking Areas program provided funding for personnel, equipment, and training to agencies that commit resources to responding to the drug trafficking problems in their area, which will provide funding for the lease agreement. The vehicles are unmarked, civilian styles vehicles that afford the Deputy Sheriff Investigators the flexibility to effectively investigate criminal drug activity. MOTION by Beninga, seconded by Bleyenberg, to authorize the Chair to sign the 2024 Vehicle Lease Agreement between the Sheriff's Office and Vern Eide Motorcars Inc. at a cost of $600.00 per month per vehicle through December 31, 2025. By roll call vote: 5 ayes.

ARPA BRIEFING

            Susan Beaman, Finance and Budget Officer,  presented a briefing regarding 2023 4th Quarter American Rescue Plan Expenditures. The Auditor's Office reported to the US Treasury last quarter's expenditures of $5,108,734.61. The expenditures breakdown as follows: COVID Sick had an expenditure of $30,738.28; Jail Staffing for COVID Isolation Unit had an expenditure of $267,713.22; Retention Bonus had an expenditure of $33,371.50; Burials had an expenditure of $69,065.00; Motels had an expenditure of $11,882.47; COVID Supplies had an expenditure of $409.92; Jail Booking Registered Nurse had an expenditure of $90,441.60; Jail Mental Health Counselor had an expenditure of $12,623.48; New Positions had an expenditure of $377,834.85; Welfare Rent had an expenditure of $62,652.77; Welfare Utilities had an expenditure of $6,628.87; Emergency Response Infrastructure Improvements had an expenditure of $19,237.50; Juvenile Detention Center-Psychiatric Services had an expenditure of $10,987.50; Triage of Mental Illness Holds had an expenditure of $100,000.00; Salary Increase to Improve Worker Retention had an expenditure of $2,276,891.00; Attorney Video Storage Solution had an expenditure of $20,747.00;  Human Services Staffing had an expenditure of $1,717,509.65. The total APRA expenditures through December 31, 2023, were $25,371,667.32.

PRESENTATION

            Kris Swanson, Treasurer, provided an annual presentation on the Treasurer's Office and highlighted the following: currently working with a full staff, which has allowed for the cross-training of staff; moving of the Assistant Treasurer and one of the Accountants to a new office space in the back, along with new procedures that have enabled more timely daily balancing and month end bank account reconciliations; by having the daily balancing being completed faster it allows for more time to process dealership titles and assistance with the front windows.  One new procedure that has been implemented includes bank reconciliation transactions being updated daily.  The Treasurer's Office continues to work on the collection of the NSF checks, which includes a list of items to check when a check is collected along with when the check will go to the Sheriff's Office. The presentation went on to highlight the sending of the Notice of Intent to Take Tax Deeds that have been sent for the 2019 delinquent taxes, and it is hoped that have a next tax deed sale is planned for October 2024. The number of titles processed varies each month of the year and a breakdown on the number of registrations per type of vehicle was shared. Finally, the presentation went on to highlight the potential changes that may be becoming to the SDCars program along with other statistics for the Treasurer's Office. Public comment was received from Glenn Fuerstenberg.

ABATEMENTS

            Upon the request of Chris Lilla, Director of Equalization,  MOTION by Kippley, seconded by Bleyenberg, to approve the denial of abatement application on parcel-22837, 2023 Property Taxes, $1,128.00 for the home not being owned or occupied by the Veteran applying, prior to November 1, 2022. By roll call vote: 5 ayes.

            Upon the request of Chris Lilla, Director of Equalization, MOTION by Kippley, seconded by Bender, to approve the denial of an abatement application on Parcel 23026, 2023, $2,222.72 for the veteran not currently rated as permanent and total through the Department of Veterans Affairs. By roll call vote: 5 ayes.

            Upon the request of Chris Lilla, Director of Equalization, MOTION by Kippley, seconded by Bleyenberg, to approve the denial of abatement application on parcel-83706, 2023 Property Taxes, $2,521.54 for the home not being owned or occupied by the Veteran applying, prior to November 1, 2022. By roll call vote: 5 ayes.

            Upon the request of Chris Lilla, Director of Equalization, MOTION by Kippley, seconded by Beninga, to approve the denial of abatement application on parcel-93453, 2023 Property Taxes, $2,113.94 for the home not being owned or occupied by the Veteran applying, prior to November 1, 2022. By roll call vote: 5 ayes.

MEMORANDUM OF UNDERSTANDING

            Upon the request of Tom Greco, Commission Administrative Officer, MOTION by Bleyenberg, seconded by Beninga, to authorize the Chair to sign a Memorandum Of Understanding between Minnehaha County and South Dakota State University for 4-H Programming. By roll call vote: 5 ayes.

BRIEFINGS

            Doug Blomker, Safety Committee Chair, presented the annual briefing for the Minnehaha County Safety Committee. The Minnehahaa County Safety Committee met monthly during the past year to review workers' compensation claims as well as any liability claims that the County may have had in order to discuss preventability and possible changes to avoid injuries. In 2023, the following training sessions were held: Stop the Bleed, Fire Extinguisher, Defensive Driving, Back Injury Prevention, and Slips, Trips and Falls Prevention. The members of the Safety Committee typically complete routine building inspections of the County buildings, which include the Energy Plant, Juvenile Detention Center, Work Release Center, Annex, Extension, Highway Shop, Health and Human Services, and the County Administration Building. During 2023, the Safety Committee purchased 9 tourniquet kits that included 8 tourniquets in each as well as several other basic first aid items. The kits were placed throughout the County's campus and outlying facilities. Finally, the presentation discussed the ward that was received from the South Dakota Public Assurance Alliance as well as the annual training conference and loss control credit.

            Carey Deaver, Human Resources Director, presented a briefing on proposed updates and additions to the employee handbook.  The proposed updates to the following sections of the employee handbook: Disability Accommodation-new language to describe reasonable accommodations; Religious Accommodations-new language to clarify reasonable accommodations for religion; Holidays-create a Christmas Eve holiday section in order to clarify the benefit; Workers' Compensation-revisions to clarify process for coordinating leave and workers' compensation payment and clarifies that the workers' compensation payment is not subject to tax; and Drug-Free Workplace-revisions to clarify that use of possession of THC, while working, is prohibited even if it was legally obtained and also includes cautions that trace amounts of THC may be found in some legally purchased products and may result in a positive drug test. In addition, the following new sections are being proposed: Pay Transparency-add a new provision on pay transparency in accordance with federal contractor guidelines; Animals in the Workplace-new policy outlining County guidelines for animals at work.

            Carey Deaver, Human Resources Director, presented a briefing on proposed updates to the Drug and Alcohol Testing Procedures. The main change is a new section that references that products infused with THC may be available legally and without a prescription and that those products may cause a positive drug test which would result in a violation of the County's policy.

PRESENTATION

            Commissioner Karsky left the meeting at 9:58 a.m. and returned at 10:00 a.m.

            Scott Anderson, Planning Director, presented the annual presentation for the Planning/Parks Department. The presentation provided an overview on the activities that have been completed by the Planning Department as well as current activities. The current activities include inspections regarding Code Enforcement, CUP, Building & Septic Permits as well as updates to the zoning ordinances and organizing paper & digital building permit records. The presentation went on to highlight various statistics for the past year. Finally, Planning Director Anderson went on to highlight the future goals for the department especially the 2035 Envision Comprehensive Plan Update. 

BID RESULTS

            Steve Groen, Highway Superintendent, reported on the bid opening for MC17-10 Gravel Crushing held on January 24, 2024. The following bids were received: First Rate Excavate, Inc. with a total bid of $91,802.00; Zacharias Construction, Inc. with a total bid of $122,500.00; Prairie State Trucking, Inc. with a total bid of $227,101.00. MOTION by Beninga, seconded by Bender, to approve the bid results and award recommendation for MC17-10 Gravel Crushing and authorize the Chair to sign an agreement with First Rate Excavate Inc. By roll call vote: 5 ayes.

            Steve Groen, Highway Superintendent, reported on the bid opening for Project MC 24-01 Microsurfacing and Crack Seal held on January 24, 2024. The following bids were received: ASTECH Corp, with a total bid of $2,391,484.30; and Asphalt Surfacing Co. (ASCO) with a total bid of $2,490.490.49. MOTION by Bender, seconded by Bleyenberg, to approve the bid results and award recommendation for MC24-01 Microsurfacing and Crack Seal and authorize the Chair sign an agreement with Asphalt Surface Technologies Corporation (ASTECH). By roll call vote: 5 ayes.

HIGHWAY RESOLUTION

            Upon the request of Steve Groen, Highway Superintendent, MOTION by Bleyenberg, seconded by Kippley, to adopt Resolution MC 24-09 Authorizing the Highway Superintendent to Extend Time Period of Reduced Load Limits Warranted by Unseasonable Highway and Climactic Conditions. By roll call vote: 5 ayes.

RESOLUTION MC24-09

            Authorize Highway Superintendent to Extend Time Period of Reduced Load Limits Warranted by Unseasonable Highway and Climactic Conditions

            WHEREAS, it is the desire of the Minnehaha County Board of County Commissioners to reduce damage to County highways caused by heavy loads on vehicles when highway pavements are most vulnerable;

            WHEREAS, the maximum axle and axle group loadings set forth in SDCL 32-22-16 are required to be reduced each year from February fifteenth to April thirtieth;

            WHEREAS, SDCL 32-22-16 authorizes the Board of County Commissioners to set reduced load limits from February fifteenth to April thirtieth and may increase, lessen, or remove these restrictions if highway conditions warrant;

            WHEREAS, SDCL 32-22-16 further authorizes the Board of County Commissioners to extend the February fifteenth to April thirtieth time period by ordinance or resolution if highway and climatic conditions so warrant to reduce damage to County highways caused by heavy loads when highway pavements are most vulnerable; and

            WHEREAS, the current and forecasted unseasonable climactic and highway conditions may increase the damage to County highways caused by heavy loads when highway pavements are most vulnerable; now

            THEREFORE BE IT RESOLVED, that the Board of County Commission has determined that an extension of the February fifteenth to April thirtieth reduced load limit time period and immediate implementation of reduced load limit restrictions on County highways may be necessary to reduce the damage to County highways caused by heavy loads when highway pavements are most vulnerable; and

            BE IT FURTHER RESOLVED, that the Minnehaha County Highway Superintendent is hereby authorized and directed, due to unseasonable climactic and highway conditions, to set reduced load limits as necessary to reduce damage to County highways when they are most vulnerable.

Dated this 6th day of February, 2024.

APPROVED BY THE COMMISSION:

Dean Karsky, Commission Chairman

ATTEST:   Leah Anderson, Auditor

BY: Kym Christiansen

Deputy Auditor

 BALANCING CHANGE ORDERS

            Upon the request of Steve Groen, Highway Superintendent, MOTION by Beninga, seconded by Kippley, to authorize the Chair to sign the balancing change order for MC21-09 Highway Bridge Structure 50-279-140 Rehabilitation with a contract deduction of $37,129.00. By roll call vote: 5 ayes.

            Upon the request of Steve Groen, Highway Superintendent, MOTION by Bender, seconded by Bleyenberg, to authorize the Chair to sign the balancing change order for MC17-10 Hwy 149 Reconstruction with a net increase of $35,602.05. By roll call vote: 5 ayes.

BID ADVERTISEMENT

            Steve Groen, Highway Superintendent, requested authorization for the Highway Department to advertise for a new Gravel Pit Building. During the derecho in May of 2022, the storage building at the County Gravel Pit was destroyed. The storage building was a 40' by 40' three-sided metal pole barn. The Highway Department is seeking permission to advertise for a 60' by 40' metal pole barn with two garage door and two walk-in doors. The Highway Department was awarded $125,923 from FEMA for the storm damage to replace the structure with a replacement estimate will be around $150,000. MOTION by Beninga, seconded by Kippley, to authorize the Highway Department to advertise for the new Gravel Pit Building. 5 ayes.

SURPLUS DECLARATION

            Upon the request of Steve Groen, Highway Superintendent, MOTION by Bender, seconded by Bleyenberg, to declare the following Highway equipment as surplus: 2004 John Deere 7241J Loader, 1998 RPM Tech LM314 blower, 2013 Toro Dingo TC525 Loader, 2004 Felling FT03D9H trailer, and 2012 CAT 99D XHP loader and authorize disposal through auction. By roll call vote: 5 ayes.

BRIEFING

            Leah Anderson, Auditor, presented a briefing on the South Dakota Department of Public Safety programming error with voter registration. On January 19th, 2024, the Auditor's Office was notified by the South Dakota Secretary of State that due to a programming error, approximately 5,153 voter registration updates and new requests were not property transmitted to our county through the TotalVote voter registration system. This error dates back to July of 2023. The South Dakota Department of Public Safety sent letters to impacted citizens starting on January 31st. The voter registrations will begin getting pushed through the TotalVote system this week. The work load in the Auditor's Office will be impacted in the coming weeks and there may be a need to bring in some of our seasonal election staff early to assist with getting these registration updates and new applications processed timely. Auditor Anderson has reached out to the Secretary of State and the Department of Public Safety for consideration of full or partial reimbursement of costs.

MEDICAL CANNABIS DISPENSARY TIMELINE

            Kym Christiansen, Commission Recorder, provided a briefing on the Medical Cannabis Dispensary Application Issuance Timeline. A notice will be posted on the county website, published in the official newspapers, and a press release announcing the application period and the application process. Minnehaha County will begin accepting applications on February 12, 2024, and the application deadline will be April 11, 2024, at 5:00 p.m. The application can be found on the notices section of the Minnehaha County website or a copy can be obtained from the Auditor's Office during regular business hours. Applications can only be submitted in person at the Minnehaha County Auditor's Office located at 415 N Dakota Ave in Sioux Falls.  If needed, the random selection of the application will be held on April 18, 2024. The latest date for the submission of qualifying applications to the Commission for approval will on June 11, 2024.

LIEN COMPROMISE

            Melinda Storley, Commission Assistant, gave a briefing on the application for compromise of liens DPNO-103232 in the amount of $1,896.00 and DPNO-77854 in the amount of $3,191.74. The Petitioner has been working with South Eastern Development Foundation on a real estate transaction to purchase a $250,000 home and has committed to a closing date of March 7th. Lien DPNO-13232 represented poor relief and the petitioner is requesting compromise in full with payment of $948.00. Joint Lien DPNO-77854 represents poor relief and legal counsel fees. The petitioner stated that the couple divorced in October in 2014, but separated in 2011, and although they remained married they resided at separate addresses. The legal counsel fees are all for the benefit of the ex-spouse and the rental/utility assistance were for the ex-spouse and the children. The Petitioner is requesting a release from the responsibility of Joint Lien DPNO-77854 with no payment, leaving the ex-spouse to satisfy the entirety of the lien MOTION by Bender, seconded by Beninga, to release and compromise the lien in full with payment of $948.00 and approve Resolution MC 24-10. By roll call vote: 5 ayes.

            MOTION by Bender, second by Beninga, to release the petitioner from the responsibility of Joint Lien DPNO-77854 with no payment, leaving the ex-spouse to satisfy the entirety of the lien and approve Resolution MC 24-10. By roll call vote: 5 ayes.

RESOLUTION MC24-10

            WHEREAS, a County Aid Lien in the amount of $ 5,087.78 purports to exist in favor of Minnehaha County and against DPNO-77854 and DPNO-103232 as Lienee, and

            WHEREAS, said lienee has filed an application with the County Auditor stating such facts as provided for by Law,          

            NOW, THEREFORE, BE IT RESOLVED that after due consideration of the circumstances the Board of County Commissioners finds it advisable and proper to authorize the Chair of the County Board and the County Auditor to execute the following:

            1.         Compromise and release the lien in full with payment of $948.00 for Lien DPNO- 103232

            2.         Release the Petitioner from the responsibility of Joint Lien DPNO-77854 with no payment, leaving the ex-spouse to satisfy the entirety of the lien.

Dated at Sioux Falls, South Dakota, this 6th day of February, 2024.

APPROVED BY THE COMMISSION:

Dean Karksy

Chair

ATTEST:                    

Kym Christiansen

Deputy Auditor

PLAT

            Upon the request of Tyler Klatt, Assistant Commission Administrative Officer,  MOTION by Bender, seconded by Bleyenberg, to authorize the Chair to sign the Plat of Tract 6A, Adjustment Training Center Tracts. By roll call vote: 5 ayes.

LEGISLATIVE UDPATE

            Tyler Klatt, Assistant Commission      Administrative Officer, provided an update for the 2024 Legislative session. The following House Bills (HB) and Senate (SB) are related to the County Funding Summer Study and the current status of each bill. HB 1007 would amend the requirement to employ a county veterans' service officer and is currently in the Senate Military and Veterans Affairs after having passed both the House Committee and House of Representatives unanimously. SB 105 would provide for the employment of veterans' service office by the Department of Veterans Affairs and is currently referred to Joint Appropriates with a Do Pass recommendation. HB 1070 provides for the use of the obligation recovery center by counties and was deferred to the 41st Day. HB1194 would clarify provisions pertaining to tax increments finance districts and has passed the House Local Government committee. SB 4 would revise provisions regarding township contracts for snow removal and has been delivered to the Governor. SB 31 would create the indigent legal services fund, to provide ongoing revenue therefor, and to make an an appropriation therefor and has been referred to Joint Appropriations. SB 187 would make an appropriation to establish a local government cybersecurity services initiative and to declare an emergency and has been referred to Senate State Affairs. SB 197 would revise provisions regarding the alcohol beverage fund and has been referred to Senate Local Government. The update also noted that February 21 will be crossover day.

OPPORTUNITY FOR

PUBLIC COMMENT

            Gary Meyer, Hartford, SD, spoke about election concerns.

            Glen Fuerstenberg, Sioux Falls, SD, spoke about concerns regarding conditional use permits and ordinance enforcement.

            Amy Johnson, Hartford, SD, spoke about concerns regarding Mueller's pallet conditional use permits.

            MOTION by Beninga, seconded by Kippley, to enter into Executive Session pursuant to SDCL 1-25-2 (1), (3), (4),  and (6) at 11:15 a.m. 5 ayes.

            Chair Karsky declared the executive session concluded at 11:45 a.m.

            MOTION by Beninga, seconded by Bender,  to adjourn at 11:46 a.m. 5 ayes

            The Commission adjourned until 9:00 a.m. on Tuesday, February 20th, 2024.

APPROVED BY THE COMMISSION:

Dean Karsky

Chair

ATTEST:

Kym Christiansen

Commission Recorder

            Published at the total approximate cost of $563.60 and can be viewed for free at www.sdpublicnotices.com. 2-15-24-1tc

Minutes of the Garretson City Council for Feb. 5, 2024

City of Garretson

February 5th, 2024

            The City Council of the City of Garretson, Minnehaha County, South Dakota met in regular session on Monday, February 5th, 2024, at 6:30 p.m. at Garretson American Legion with Mayor Beaner presiding.

            6:30 P.M. Mayor Beaner called the regular meeting to order with the Pledge of Allegiance.

ROLL CALL:      Greg Beaner – Mayor

                        Greg Franka – Ward I

                        William Hoskins – Ward I

                        Dave Bonte – Ward II

                        Tom Godbey – Ward II

                        Jackie Rotert – Ward III

                        Bruce Brown -- Ward III

            OTHERS IN ATTENDANCE: Paetyn Dreckman, Jessica Fueston, Jordan Doane, JR Hofer, Carrie Moritz, Colleen Collier, Kelli Schleuter, Tad Heitkamp, Chad Hanisch, Thad Roberts, Cole Gebhart, Shawn Zurraf, Sophie Johnson, Kurtis Nelson, Danielle Propst, Parker Hamann.

            CONSENT AGENDA APPROVAL:

A.         Agenda – 2-05-2024 Regular Meeting                      

B.         Claims Approved Dated 2-05-2024

C.         Minutes Regular Meeting 1-08-2024 and 1-22-2024 Special Meeting

            Council member Hoskins made a motion to consent to the agenda, Franka 2nd. 6 ayes, 0 nays. Motion passed.

MONTHLY REPORT OF VOUCHERS PROCESSED

FOR THE FEBRUARY 5th, 2024, REGULAR MEETING

AFLAC  Supplemental Insurance         $384.18

SD RETIREMENT SVCS SDRS    $2,450.42

A-OX WELDING SUPPLY CO.   Cylinder Rental           $23.85

JESSE JAMES COUNTRY STORE           Dec Fuel Charges        $591.33

CHS EASTERN FARMERS         Park Supplies-Grass Seed       $150.00

GARRETSON VOLUNTEER FIRE           2024 Subsidy   $40,000.00

STEVE S ELECTRIC       Booster Pump $1,833.92

PITNEY BOWES           Postage Printer Lease $151.11

GARRETSON FOOD CENTER    Office Supplies            $32.73

STURDEVANT S AUTO PARTS  Sander Parts   $4.99

FIRST BANK & TRUST  Utility Bill Drop-Off     $100.00

QUILL CORPORATION Office Supplies            $66.17

CITY OF CROOKS         December Dekatherms           $2,111.67

DELTA DENTAL            Dental Insurance        $1,084.58

MINNEHAHA COMMUNITY WATER   Bulk Water      $7,290.36

XCEL    Streetlights     $1,892.91

CUTLER LAW FIRM      Attorney          $1,240.00

GARBAGE-N-MORE     Waste Removal           $415.00

BRANDON ACE HARDWARE   Snowblower Supplies $39.97

MENARDS - EAST        Supplies for Nat Gas   $37.52

GARRETSON GAZETTE Publishing       $318.97

CUSTOM TRUCK EQUIPMENT Sander $3,800.00

HOFER, JR        Sander Parts   $22.29

INFRASTRUCTURE DESIGN GROUP     5th Street Engineering            $489.32

ISG       CIP       $1,375.00

DIRECT TECHNOLOGIES          IT Services       $642.91

HEALTH POOL OF SD   HEALTH PRE-TAX        $2,465.40

DOANE, JORDAN         Boot Reimbursement $100.89

CLAYTON ENERGY       NG Commodity           $63,295.66

SD 811 Locates            $123.20

SIOUX VALLEY ENERGY           Rubble Site      $56.44

EFTPS/IRS (FED/FICA TAXES)  FED/FICA TAX  $5,282.27

DEPT OF REVENUE      Sales Tax         $3,381.91

SIOUX METRO GROWTH ALLIANCE    Membership Dues 2024         $3,897.00

FORTE Utility Payment Processing     $74.88

US BANK #2     Clean Water Loan #2  $8,583.25

DEFEND PEST SOLUTIONS LLC            Split Rock Park $411.00

APPTEGY         Website-App   $6,200.00

SANCO EQUIPMENT   Snow Pusher for Payloader    $17,000.00

SOUKUP CONSTRUCTION       629/633 Demo            $66,000.12

PAYROLL CHECKS        PAYROLL CHECKS ON 01/12/2024      $9,900.02

PAYROLL CHECKS        PAYROLL CHECKS ON 01/26/2024      $10,158.78

            CLAIMS TOTAL $263,480.02

            GENERAL FUND          $156,539.55

            SECOND SALES TAX FUND      $489.32

            WATER DEPT FUND    $15,606.23

            SEWER DEPT FUND     $15,204.79

            NATURAL GAS FUND  $75,640.13

            Public Comments:   Shawn Zurraf in attendance requesting the city consider allowing a handicap sign be placed in front of 328 S Depot due to homeowner’s health and limited parking. Beaner requested Zurraf get in contact with city staff for pricing on signage and plans and to be on agenda for the March regular meeting.

Committee Reports

•          Natural Gas Reports -   Dreckman presented gas prices at $1.18 per ccf. No discussion. Council member Hoskins motioned to approve Natural Gas prices as presented with a second from Rotert. 6 ayes, 0 nays.  Motion passed.

•          Finance – Dreckman presented balances for city finances. Working with ELO to complete annual report for 2023 and going through training on new website/app. No discussion.

•          Streets/Maintenance/Parks – Doane gave snow removal and equipment update. Schleuter advised council of plans for parks beautification 2024 and request for Jaycee’s concession stand open at 4pm during games for time to prepare food as well as days open at Split Rock Park Bathhouse to be Thursday through Sunday. Beaner requested Schlueter to get with Fueston on recreations requests.

•          Economic Development – Fueston requested to wait until later in the meeting.

•          Minnehaha County Sheriff – Dreckman gave January hours update. 9.8 hours over contracted amount.

•          Garretson Volunteer Fire Department – Heitkamp gave update for 2023 as 186 calls and now have 26 members with 7 being EMT status. 10 calls in January 2024 and 3 for February so far. Geotek sampled property at Dows and Center with the possibility of new hire hall being built. Advisded it is a workable location but would require a lot of fill dirt and spillway would need to be addressed. Garretson Ambulance was also in attendance and gave an update of 266 called for 2023.

Ordinances & Resolutions 

            Resolution 2024-3 2023 Pre-Disaster Mitigation Plan – Johnson presented preliminary plan proposal for Minnehaha and Lincoln County offered by FEMA. Council discussion ensued. Hoskins motioned to approve plan as presented with a second from Brown. 6 ayes, 0 nays. Motion passed.

RESOLUTION NO. 2024-3

            A RESOLUTION OF THE CITY OF GARRETSON DECLARING SUPPORT AND ADOPTION OF THE 2023 PRE-DIASTER MITIGATION PLAN FOR MINNEHAHA AND LINCOLN COUNTIES.

            WHEREAS, the City of Garretson supports the contents of the 2023 Pre-Disaster Mitigation Plan for Minnehaha and Lincoln Counties; and

WHEREAS, the 2023 Pre-Disaster Mitigation Plan for Minnehaha and Lincoln Counties will be utilized as a guide for planning related to FEMA Hazard Mitigation and other purposes as deemed appropriate by the City of Garretson.

NOW THEREFORE BE IT RESOLVED, that the City of Garretson hereby adopts, supports, and will facilitate the implementation of the 2023 Pre-Disaster Mitigation Plan for Minnehaha and Lincoln Counties.

Dated this 5th day of February, 2024.

MAYOR:                                                          ATTEST:

Greg Beaner, Mayor                                       Paetyn Dreckman, Finance Officer

            Published at the total approximate cost of $12.43 and can be viewed for free at www.sdpublicnotices.com. 2-15-24-1tc

            Resolution 2024-4 Annual Water Rate – Beaner presented annual base rate increase to water utility by 3% with a usage increase of 15% to make up for increase from Minnehaha Community Water. Council discussion ensued and Brown motioned to approve resolution as written. Roter seconded the motion. 6 ayes, 0 nays. Motion passed.

RESOLUTION 2024-4

            A Resolution Amending City Water Rates

            WHEREAS, the Garretson City Council believes that it is necessary and in the best interest of the City of Garretson, in order to pay all costs for the operation and maintenance of the water system, to amend the rates for the water provided by the City of Garretson; and

            BE IT HEREBY RESOLVED BY THE CITY COUNCIL, THE GOVERNING BODY OF THE CITY OF GARRETSON, A MUNICIPAL CORPORATION, STATE OF SOUTH DAKOTA, ALL AS FOLLOWS:

2.         The water usage rates shall be as follows:

A.         For users within the City limits of Garretson, South Dakota:

1)         The Basic Rate shall be $33.58 per month.

2)         Surcharge DW#1 shall be $ 5.45 per month

3)         Surcharge DW #2 shall be $ 3.95 per month,

4)         The Usage Rate shall be $ .520 per one hundred gallons or $5.20 per one thousand gallons of water used.

B.         For users outside the City limits of Garretson, South Dakota:

1)         The Basic Rate shall be $39.50 per month  

2)         Surcharge DW#1 shall be $ 5.45 per month

3)         Surcharge DW #2 shall be $ 3.95 per month,  

4)         The Usage Rate shall be $ .700 per one hundred gallons of water or $7.00 per one thousand gallons of water used.      

            Adopted this 5th day of February, 2024.

Greg Beaner,

Mayor, City of Garretson

ATTEST:

Paetyn Dreckman

Finance Officer, City of Garretson

Seal. Publication:

Effective:

            Published at the total approximate cost of $20.59 and can be viewed for free at www.sdpublicnotices.com. 2-15-24-1tc

            Resolution 2024-5 Annual Sewer Rate – Beaner presented annual base rate increase to sewer utility by 3%. Franka motioned to approve resolution as written with a second from Bonte. 6 ayes, 0 nays. Motion passed.

RESOLUTION 2024-5

            A Resolution Amending City Sewer Rates

            WHEREAS, the Garretson City Council believes that it is necessary and in the best interest of the City of Garretson, in order to pay all costs for the operation and maintenance of the sewer system, to amend the rates for the treatment and disposal of wastewater provided by the City of Garretson; and

            WHEREAS, Section 16-7-9 of the Garretson City Ordinances gives the Garretson City Council the authority to revise sewer rates by Resolution of the Garretson City Council, now

            THEREFORE BE IT RESOLVED by the Garretson City Council that sewer rates shall be amended as follows:

The sewer rate shall be:

1.   Base rate of $26.88 per month for all users.

2.   Surcharge CW #1 of $10.50 per month per service

3.   Surcharge CW #2 of $ 7.85 per month per service

4.  Usage fee of $4.60 per 1000 gallons of water usage.

            Adopted this 5th day of February, 2024.

Greg Beaner     

Mayor, City of Garretson

ATTEST:

Paetyn Dreckman

Finance Officer, City of Garretson

Seal

Publication:

Effective:

            Published at the total approximate cost of $16.33 and can be viewed for free at www.sdpublicnotices.com. 2-15-24-1tc

            Resolution 2024-6 CW Issuer Resolution – Dreckman presented resolution as required by bond council and SDDANR to move forward with financing the 4th street project. Council discussed and Hoskins motioned to approve the resolution as presented with a second from Brown. 6 ayes, 0 nays. Motion passed.

RESOLUTION NO. 2024-6

CLEAN WATER ISSUER RESOLUTION

            RESOLUTION GIVING APPROVAL TO CERTAIN SEWER FACILITIES IMPROVEMENTS; GIVING APPROVAL TO THE ISSUANCE AND SALE OF A REVENUE BOND TO FINANCE, DIRECTLY OR INDIRECTLY, THE IMPROVEMENTS TO THE FACILITIES; APPROVING THE FORM OF THE LOAN AGREEMENT AND THE REVENUE BOND AND PLEDGING PROJECT REVENUES AND COLLATERAL TO SECURE THE PAYMENT OF THE REVENUE BOND; AND CREATING SPECIAL FUNDS AND ACCOUNTS FOR THE ADMINISTRATION OF FUNDS FOR OPERATION OF THE SYSTEM AND RETIREMENT OF THE REVENUE BOND AND PROVIDING FOR A SEGREGATED SPECIAL CHARGE OR SURCHARGE FOR THE PAYMENT OF THE BONDS.

            WHEREAS, one of the purposes of SDCL Chapter 9-40 (the “Act”) as found and determined by the Legislature is to provide for financing the acquisition, maintenance, operation, extension or improvement of any system or part of any system for the collection, treatment and disposal of sewage and other domestic, commercial and industrial wastes; or any system for the control of floods and drainage; or any combination thereof, together with extensions, additions, and necessary appurtenances; and,

            WHEREAS, a municipality is authorized by Section 6 of the Act  to issue revenue bonds to defray the cost of extensions, additions and improvements to any utility previously owned without pledging its credit and is authorized to pledge the net income or revenues from the Project in accordance with Section 15 of the Act; and,

            WHEREAS, the City of Garretson (the “City”) currently operates a sewer system for the collection, treatment and disposal of sewage and other domestic, commercial and industrial wastes; and for the control of floods and drainage and has determined that improvements to the sewer facilities are necessary for the conduct of its governmental programs and qualifies as an improvement, extension or addition to its sewer system; and,

            WHEREAS, the City has determined to issue its revenue bonds to finance the improvements to its sewer system for the purpose of collecting, treating and disposing of sewage and other domestic, commercial and industrial wastes (the “System”) and has applied to the South Dakota Conservancy District (the “District”) for a Clean Water State Revolving Fund Loan to finance the improvements;

            WHEREAS, the City shall adopt special rates or surcharges for the improvements to be pledged, segregated and used for the payment of the Bonds.

            NOW THEREFORE BE IT RESOLVED by the City as follows:

SECTION 1.  Definitions.   The terms when used in this Resolution shall have the following meanings set forth in this section unless the context clearly requires otherwise.  All terms used in this Resolution which are not defined herein shall have the meanings assigned to them in the Loan Agreement unless the context clearly otherwise requires.

“Act” means South Dakota Codified Laws Chapter 9-40.

“Loan” means the Loan made by the South Dakota Conservancy District to the City pursuant to the terms of the Loan Agreement and as evidenced by the Revenue Bond.

“Project” means the City of Garretson Utility Improvements Project.

“Revenue Bond” means the revenue bond or bonds issued the date of the Loan Agreement by the City to the South Dakota Conservancy District to evidence the City’s obligation to repay the principal of and pay interest and Administrative Expense Surcharge on the Loan.

“System” means the City’s system of collecting, treating and disposing of sewage and other domestic, commercial and industrial wastes.

SECTION 2.  Declaration of Necessity and Findings.  

2.1.1.  Declaration of Necessity.   The City hereby determines and declares it is necessary to construct and finance improvements to its System described as the Project. 

2.2.  Findings.  The City does hereby find as follows:

2.2.1.  The City hereby expressly finds that if the Project is not undertaken, the System will pose a health hazard to the City and its inhabitants and will make the City unable to comply with state and federal law. 

2.2.2.  Because of the functional interdependence of the various portions of the System, the fact that the System may not lawfully operate unless it complies with State and federal laws, including SDCL Chapter 34A-2, and the federal Clean Water Act, and the nature of the improvements financed, the City hereby finds and determines that the Project will substantially benefit the entire System and all of its users within the meaning of Sections 15 and 17 of the Act. 

2.2.3.  The City hereby determines and finds that for the purposes of the Act, including, in particular, Sections 15 and 17 of the Act, only the net income from the Project financed by the Revenue Bond be pledged for its payment.

SECTION 3.  Authorization of Loan, Pledge of Revenue and Security.

3.1.  Authorization of Loan.  The City hereby determines and declares it necessary to finance up to $2,593,000 of the costs of the Project through the issuance of bonds payable from the revenue of the Project and other funds secured by the City.  The City hereby determines that because the Revenue Bond is issued in connection with a financing agreement described in SDCL 46A-1-49, pursuant to Section 15 of the Act no election is required to issue the Revenue Bond.

3.2.  Approval of Loan Agreement.  The execution and delivery of the Revenue Obligation Loan Agreement (the “Loan Agreement”), the form of which is on file with the Finance Officer (the “Finance Officer”) and open to public inspection, between the City as Borrower and the District, is hereby in all respects authorized, approved and confirmed, and the Mayor and Finance Officer are hereby authorized and directed to execute and deliver the Loan Agreement in the form and content attached hereto, with such changes as the Attorney for the City deems appropriate and approves, for and on behalf of the City.  The Mayor and Finance Officer are hereby further authorized and directed to implement and perform the covenants and obligations of the City set forth in or required by the Loan Agreement.  The Loan Agreement herein referred to and made a part of this Resolution is on file in the office of the Finance Officer and is available for inspection by any interested party.

3.3.  Approval of Revenue Bond.  The issuance of a revenue bond in a principal amount not to exceed $2,593,000 as determined according to the Loan Agreement in the form and content set forth in Appendix B attached to the form of Loan Agreement (the “Revenue Bond”) shall be and the same is, in all respects, hereby authorized, approved, and confirmed and the Mayor, Finance Officer, and other appropriate officials shall be and are hereby authorized and directed to execute and seal the Revenue Bond and deliver the Revenue Bond to the District, for and on behalf of the City, upon receipt of the purchase price, and to use the proceeds thereof in the manner set forth in the Loan Agreement.  The Mayor and Finance Officer are hereby authorized to approve the final terms of the Revenue Bond and their execution and delivery thereof shall evidence that approval.  The Revenue Bond shall be issued under the authority of SDCL Chapter 9-40 and SDCL Chapter 6-8B, and the provisions of the Act are hereby expressly incorporated herein as provided in Section 19 of the Act.

3.4.  Pledge of Revenues.   The Revenue Bond together with the interest thereon, shall not constitute a charge against the City's general credit or taxing power, but shall be a limited obligation of the City payable solely out of the Project Debt Service Account, which payments, revenues and receipts are hereby and in the Loan Agreement pledged and assigned for the equal and ratable payments of the Revenue Bond and shall be used for no other purpose than to pay the principal of, interest and Administrative Surcharge on the Revenue Bond, except as may be otherwise expressly authorized in the Loan Agreement (including the purpose of securing Additional Bonds issued as permitted by the terms thereof).  The City covenants and agrees to charge rates for all services from the Project or establish special charges or surcharges which will be sufficient to provide for the payments upon the Revenue Bond issued hereunder as and when the same become due, and as may be necessary to provide for the operation and maintenance and repairs of the Project, and depreciation, and the Rate Resolution shall be revised from time to time so as to produce these amounts.  The City hereby reserves the right to determine on a periodic basis the appropriate allocation of operation and maintenance expenses, depreciation, repair and reserves associated with the facilities financed with the Revenue Bond, provided that such determination of allocable operation and maintenance expenses shall in no event abrogate, abridge or otherwise contravene the covenant of the City set forth in this Section 3 or any other covenant or agreement in the Loan Agreement.

SECTION 4.  Special Charge or Surcharge for Revenue Bond. 

4.1. The City does hereby create the Revenue Bond Special-Surcharge District (the “Surcharge District”) which shall include all users which benefit from the Project.  There shall be charged a special charge or surcharge pursuant to Section 15 of the Act for the services provided by Project financed by the Revenue Bond.  The special charge or surcharge shall be segregated from other revenues of the System and shall be used for the payment of the Revenue Bond. The special charge or surcharge shall create net income, remaining from time to time after first paying all reasonable and current expenses of maintenance, repairs, replacements and operation, sufficient to fund  interest, reserve and debt service fund annual requirements and shall be 110% of the debt service requirements on the Revenue Bond.  

4.2.  Rates and collection.  The rate herein specific will be collected as a special charge or surcharge for the Project.   This special charge or surcharge shall remain in effect until such time as the Revenue Bond is defeased or paid in full. 

4.3.  Initial Surcharge.  The initial special charge or surcharge shall be set by resolution and collected at the same time as other charges of the utility.  All users within the Surcharge District which benefit from the Project, current and future, shall be charged the special charge or surcharge.  The special charge or surcharge is found to be equitable for the services provided by the Project.  The special charge or surcharge shall begin at such time as will produce sufficient revenue to pay principal of, interest and Administrative Surcharge on the Revenue Bond when due.

4.4.  Segregation.  The Finance Officer shall set up bookkeeping accounts in accordance with South Dakota Legislative Audit guidelines for the segregation of the revenue, special charges and surcharges.

4.5.  Periodic review.  The amount of the surcharge shall be reviewed from time to time, not less than yearly, and shall be modified in order to produce such funds as are necessary and required to comply with the Loan Agreement’s rate covenant and to pay principal of, interest and Administrative Surcharge on the Revenue Bond when due.  The surcharge may be set by resolution in accordance with this Section.  The rate resolution shall be necessary for the support of government and shall be effective upon passage.

SECTION 5.   Additional Bonds.  As permitted by Sections 8 and 9 of the Act, Additional Bonds payable from revenues and income of the System or Project may be issued, as permitted in the Loan Agreement, and no provision of this Resolution shall have the effect of restricting the issuance of, or impairing the lien of, such additional parity bonds with respect to the net revenues or income from the extensions, additions or improvements.  The City shall have the right to issue additional bonds secured by a lien subordinate to the lien from the Revenue Bond pursuant to the Loan Agreement.

SECTION 6.  Project Fund Accounts.  For the purpose of application and proper allocation of the income of the Project and to secure the payment of principal, Administrative Surcharge and interest on the Revenue Bond, the following mandatory asset segregations shall be included in the sewer system account of the City and shall be used solely for the following respective purposes until payment in full of the principal of and interest on the Revenue Bond:

6.1.  Project Revenue Account.  There shall be deposited periodically into the Project Revenue Account the net revenues as defined in Section 17 of the Act derived from the operation of the Project collected pursuant to the resolutions and ordinances of the City of Garretson, South Dakota (collectively the “Rate Resolution”).  Moneys from the Project Revenue Account shall be transferred periodically into separate funds and accounts as provided below.

6.2.   Project Debt Service Account.  Out of the revenues in the Project Revenue Account, there shall be set aside no later than the 25th day of each month into the account designated Project Debt Service Account, a sum sufficient to provide for the payment as the same become due of the next maturing principal of, interest and Administrative Surcharge on the Revenue Bonds and any reserve determined by the City’s governing body to be necessary.  The amount set aside monthly shall be not less than one-third of the total principal, interest, and Administrative Surcharge payable on the following February 15, May 15, August 15 or November 15 and if there shall be any deficiency in the amount previously set aside, then the amount of such deficiency shall be added to the current requirement.

6.3.   Depreciation Account.  There shall be established a General Depreciation Account.  Out of the revenues of the Project Revenue Account there shall be set aside each month into the General Depreciation Account an amount determined by the Common Council to be a proper and adequate amount for repair and depreciation of the Project.

6.4.   Project Surplus Account.  There shall be established the Project Surplus Account.  Revenues remaining in the Project Revenue Account at the end of any fiscal year after all periodic transfers have been made therefrom as above required, shall be deemed to be surplus and shall be transferred to the Project Surplus Account.  If at any time there shall exist any default in making any periodic transfer to the  Project Debt Service Account, the Common Council shall authorize the Finance Officer to rectify such default so far as possible by the transfer of money from the Project Surplus Account.  If any such default shall exist as to more than one account or fund at any time, then such transfer shall be made in the order such funds and accounts are listed above. 

When not required to restore a current deficiency in the Project Debt Service Account, moneys in the Project Surplus Account from time to time may be used for any of the following purposes and not otherwise:

(a)        To redeem and prepay the Revenue Bond when and as such Revenue Bond becomes prepayable according to its terms;

(b)       To pay for repairs of or for the construction and installation of improvements or additions to the System; and, if the balances in the Project Debt Service Account and the Project Depreciation Account are sufficient to meet all payments required or reasonably anticipated to be made there from prior to the end of the then current fiscal year, then:

(c)        To be held as a reserve for redemption and prepayment of any bonds of the System which are not then but will later be prepayable according to their terms; or

(d)       To be used for any other authorized municipal purpose designated by the Common Council.

(e)        No moneys shall at any time be transferred from the Project Surplus Account or any other account of the Fund to any other fund of the City, nor shall such moneys at any time be loaned to other municipal funds or invested in warrants, special improvements bonds or other obligations payable from other funds, except as provided in this Section.

SECTION 7.  Approval of Paying Agent/Registrar.  The Revenue Bond shall be payable at the office of U.S. Bank National Association, St. Paul, Minnesota, hereby designated as paying agent and registrar.

SECTION 8.  Approval of Bond Counsel.  Meierhenry Sargent LLP is hereby retained as Bond Counsel with respect to the Revenue Bond.

SECTION 9.  Tax Matters.  The Interest on the Revenue Bond shall be excludable from gross income for federal income tax purposes under the Internal Revenue Code of 1986, as amended (“the Code”) and applicable Treasury Regulations (the “Regulations”). 

SECTION 10.  Covenants.   The City hereby covenants and agrees with the District and other owners of the Revenue Bond as follows:

10.1.   The City will punctually perform all duties with reference to the Project, the System and the Revenue Bond required by the constitution and laws of the State of South Dakota and by this Resolution. 

10.2.  The City agrees and covenants that it will promptly construct the improvements included in the Project. 

10.3.   The City covenants and agrees that pursuant to Sections 25 through 27 of the Act, the lawful holders of the Revenue Bond shall have a statutory mortgage lien upon the Project and the extensions, additions and improvements thereto acquired pursuant to the Act, until the payment in full of the principal and interest on the Revenue Bond, and the City agrees not to sell or otherwise dispose of the System, the Project, or any substantial part thereof, except as provided in the Loan Agreement and shall not establish, authorize or grant a franchise for the operation of any other utility supplying like products or services in competition therewith, or permit any person, firm or corporation to compete with it in the distribution of water for municipal, industrial, and domestic purposes within the City.

10.4.  The City covenants and agrees with the District and other owners of the Revenue Bond that it will maintain the System in good condition and operate the same in an efficient manner and at a reasonable cost, so long as any portion of the Revenue Bond remains outstanding; that it will maintain insurance on the System for the benefit of the holders of the Revenue Bond in an amount which usually would be carried by private companies in a similar type of business; that it will prepare, keep and file records, statements and accounts as provided for in this Resolution and the Loan Agreement.  The Revenue Bond shall refer expressly to this Resolution and the Act and shall state that it is subject to all provisions and limitations thereof pursuant to Section 19 of the Act. 

SECTION 11.  Depositories.  The Finance Officer shall cause all moneys pertaining to the Funds and Accounts to be deposited as received with one or more banks which are duly qualified public depositories under the provisions of SDCL Ch. 4-6A, in a deposit account or accounts, which shall be maintained separate and apart from all other accounts of the City, so long as any of the Bonds and the interest thereon shall remain unpaid.  Any of such moneys not necessary for immediate use may be deposited with such depository banks in savings or time deposits.  No money shall at any time be withdrawn from such deposit accounts except for the purposes of the Funds and Accounts as authorized in this Resolution; except that moneys from time to time on hand in the Funds and Accounts may at any time, in the discretion of the City’s governing body, be invested in securities permitted by the provisions of SDCL 4-5-6; provided, however, that the Depreciation Fund may be invested in such securities maturing not later than ten years from the date of the investment.  Income received from the deposit or investment of moneys shall be credited to the Fund or Account from whose moneys the deposit was made or the investment was purchased, and handled and accounted for in the same manner as other moneys therein.

SECTION 12. Consent to Appointment.  In the event of mismanagement of the Project, a default in the payment of the principal or interest of the Revenue Bond, or in any other condition thereof materially affecting the lawful holder of the Revenue Bond, or if the revenues of the Project are dissipated, wasted or diverted from their proper application as set forth in the Loan Agreement, Revenue Bond, or herein, the City hereby consents to the appointment of a receiver pursuant to Section 33 of the Act, and agrees that the receiver will have the powers set forth therein, and in Sections 34 and 35 of the Act to operate and administer the Project, and charge and collect rates as described therein.

SECTION 13.  Severability.   If any section, paragraph, clause or provision of this Resolution, the Loan Agreement, the Revenue Bond, or any other Loan Document shall be held invalid, the invalidity of such section, paragraph, clause or provision shall not affect any of the other provisions of this Resolution or said Loan Agreement, Revenue Bond, or any other Loan Document.

SECTION 14.  Repeal of Resolution.  At such time as the Revenue Bond is defeased or paid in full, this Resolution and the special charge or surcharge shall automatically be repealed without any further action of the City.

SECTION 15.  Authorization of City Officials.   The Mayor, Finance Officer, City Attorney and City officials shall be and they are hereby authorized to execute and deliver for and on behalf of the City any and all other certificates, documents or other papers and to perform such other acts as they may deem necessary or appropriate in order to implement and carry out the actions authorized herein.

SECTION 16.  Effective Date.    This Resolution shall take effect on the 20th day following its publication, unless suspended by a referendum.

            Adopted at Garretson, South Dakota, this 5th day of February, 2024.

APPROVED:

 Greg Beaner, Mayor

(SEAL)

Attest:   Paetyn Dreckman, Finance Officer

First reading:  02/05/2024

Published:      

Effective:        

            Published at the total approximate cost of $241.40 and can be viewed for free at www.sdpublicnotices.com. 2-15-24-1tc

            Resolution 2024-7 DW Issuer Resolution – Dreckman presented resolution as required by bond council and SDDANR to move forward with financing the 4th street project. Council discussed and Hoskins motioned to approve resolution as written with a second from Godbey. 6 ayes, 0 nays. Motion passed.

RESOLUTION NO. 2024-7

DRINKING WATER ISSUER

RESOLUTION

            RESOLUTION GIVING APPROVAL TO CERTAIN SEWER FACILITIES IMPROVEMENTS; GIVING APPROVAL TO THE ISSUANCE AND SALE OF A REVENUE BOND TO FINANCE, DIRECTLY OR INDIRECTLY, THE IMPROVEMENTS TO THE FACILITIES; APPROVING THE FORM OF THE LOAN AGREEMENT AND THE REVENUE BOND AND PLEDGING PROJECT REVENUES AND COLLATERAL TO SECURE THE PAYMENT OF THE REVENUE BOND; AND CREATING SPECIAL FUNDS AND ACCOUNTS FOR THE ADMINISTRATION OF FUNDS FOR OPERATION OF THE SYSTEM AND RETIREMENT OF THE REVENUE BOND AND PROVIDING FOR A SEGREGATED SPECIAL CHARGE OR SURCHARGE FOR THE PAYMENT OF THE BONDS.

            WHEREAS, one of the purposes of SDCL Chapter 9-40 (the “Act”) as found and determined by the Legislature is to provide for financing the acquisition, maintenance, operation, extension or improvement of any system or part of any system for the collection, treatment and disposal of sewage and other domestic, commercial and industrial wastes; or any system for the control of floods and drainage; or any combination thereof, together with extensions, additions, and necessary appurtenances; and,

            WHEREAS, a municipality is authorized by Section 6 of the Act to issue revenue bonds to defray the cost of extensions, additions and improvements to any utility previously owned without pledging its credit and is authorized to pledge the net income or revenues from the Project in accordance with Section 15 of the Act; and,

            WHEREAS, the City of Garretson (the “City”) currently operates a sewer system for the collection, treatment and disposal of sewage and other domestic, commercial and industrial wastes; and for the control of floods and drainage and has determined that improvements to the sewer facilities are necessary for the conduct of its governmental programs and qualifies as an improvement, extension or addition to its sewer system; and,

            WHEREAS, the City has determined to issue its revenue bonds to finance the improvements to its sewer system for the purpose of collecting, treating and disposing of sewage and other domestic, commercial and industrial wastes (the “System”) and has applied to the South Dakota Conservancy District (the “District”) for a Clean Water State Revolving Fund Loan to finance the improvements;

            WHEREAS, the City shall adopt special rates or surcharges for the improvements to be pledged, segregated and used for the payment of the Bonds.

            NOW THEREFORE BE IT RESOLVED by the City as follows:

SECTION 17.  Definitions.   The terms when used in this Resolution shall have the following meanings set forth in this section unless the context clearly requires otherwise.  All terms used in this Resolution which are not defined herein shall have the meanings assigned to them in the Loan Agreement unless the context clearly otherwise requires.

“Act” means South Dakota Codified Laws Chapter 9-40.

“Loan” means the Loan made by the South Dakota Conservancy District to the City pursuant to the terms of the Loan Agreement and as evidenced by the Revenue Bond.

“Project” means the City of Garretson Utility Improvements Project.

“Revenue Bond” means the revenue bond or bonds issued the date of the Loan Agreement by the City to the South Dakota Conservancy District to evidence the City’s obligation to repay the principal of and pay interest and Administrative Expense Surcharge on the Loan.

“System” means the City’s system of collecting, treating and disposing of sewage and other domestic, commercial and industrial wastes.

SECTION 18.  Declaration of Necessity and Findings.  

18.1.1.  Declaration of Necessity.   The City hereby determines and declares it is necessary to construct and finance improvements to its System described as the Project. 

18.2.  Findings.  The City does hereby find as follows:

18.2.1.  The City hereby expressly finds that if the Project is not undertaken, the System will pose a health hazard to the City and its inhabitants and will make the City unable to comply with state and federal law. 

18.2.2.  Because of the functional interdependence of the various portions of the System, the fact that the System may not lawfully operate unless it complies with State and federal laws, including SDCL Chapter 34A-2, and the federal Clean Water Act, and the nature of the improvements financed, the City hereby finds and determines that the Project will substantially benefit the entire System and all of its users within the meaning of Sections 15 and 17 of the Act. 

18.2.3.  The City hereby determines and finds that for the purposes of the Act, including, in particular, Sections 15 and 17 of the Act, only the net income from the Project financed by the Revenue Bond be pledged for its payment.

SECTION 19.  Authorization of Loan, Pledge of Revenue and Security.

19.1.  Authorization of Loan.  The City hereby determines and declares it necessary to finance up to $2,394,000 of the costs of the Project through the issuance of bonds payable from the revenue of the Project and other funds secured by the City.  The City hereby determines that because the Revenue Bond is issued in connection with a financing agreement described in SDCL 46A-1-49, pursuant to Section 15 of the Act no election is required to issue the Revenue Bond.       

19.2.  Approval of Loan Agreement.  The execution and delivery of the Revenue Obligation Loan Agreement (the “Loan Agreement”), the form of which is on file with the Finance Officer (the “Finance Officer”) and open to public inspection, between the City as Borrower and the District, is hereby in all respects authorized, approved and confirmed, and the Mayor and Finance Officer are hereby authorized and directed to execute and deliver the Loan Agreement in the form and content attached hereto, with such changes as the Attorney for the City deems appropriate and approves, for and on behalf of the City.  The Mayor and Finance Officer are hereby further authorized and directed to implement and perform the covenants and obligations of the City set forth in or required by the Loan Agreement.  The Loan Agreement herein referred to and made a part of this Resolution is on file in the office of the Finance Officer and is available for inspection by any interested party.

19.3.  Approval of Revenue Bond.  The issuance of a revenue bond in a principal amount not to exceed $2,394,000 as determined according to the Loan Agreement in the form and content set forth in Appendix B attached to the form of Loan Agreement (the “Revenue Bond”) shall be and the same is, in all respects, hereby authorized, approved, and confirmed and the Mayor, Finance Officer, and other appropriate officials shall be and are hereby authorized and directed to execute and seal the Revenue Bond and deliver the Revenue Bond to the District, for and on behalf of the City, upon receipt of the purchase price, and to use the proceeds thereof in the manner set forth in the Loan Agreement.  The Mayor and Finance Officer are hereby authorized to approve the final terms of the Revenue Bond and their execution and delivery thereof shall evidence that approval.  The Revenue Bond shall be issued under the authority of SDCL Chapter 9-40 and SDCL Chapter 6-8B, and the provisions of the Act are hereby expressly incorporated herein as provided in Section 19 of the Act.

19.4.  Pledge of Revenues.   The Revenue Bond together with the interest thereon, shall not constitute a charge against the City's general credit or taxing power, but shall be a limited obligation of the City payable solely out of the Project Debt Service Account, which payments, revenues and receipts are hereby and in the Loan Agreement pledged and assigned for the equal and ratable payments of the Revenue Bond and shall be used for no other purpose than to pay the principal of, interest and Administrative Surcharge on the Revenue Bond, except as may be otherwise expressly authorized in the Loan Agreement (including the purpose of securing Additional Bonds issued as permitted by the terms thereof).  The City covenants and agrees to charge rates for all services from the Project or establish special charges or surcharges which will be sufficient to provide for the payments upon the Revenue Bond issued hereunder as and when the same become due, and as may be necessary to provide for the operation and maintenance and repairs of the Project, and depreciation, and the Rate Resolution shall be revised from time to time so as to produce these amounts.  The City hereby reserves the right to determine on a periodic basis the appropriate allocation of operation and maintenance expenses, depreciation, repair and reserves associated with the facilities financed with the Revenue Bond, provided that such determination of allocable operation and maintenance expenses shall in no event abrogate, abridge or otherwise contravene the covenant of the City set forth in this Section 3 or any other covenant or agreement in the Loan Agreement.

SECTION 20.  Special Charge or Surcharge for Revenue Bond. 

20.1. The City does hereby create the Revenue Bond Special-Surcharge District (the “Surcharge District”) which shall include all users which benefit from the Project.  There shall be charged a special charge or surcharge pursuant to Section 15 of the Act for the services provided by Project financed by the Revenue Bond.  The special charge or surcharge shall be segregated from other revenues of the System and shall be used for the payment of the Revenue Bond. The special charge or surcharge shall create net income, remaining from time to time after first paying all reasonable and current expenses of maintenance, repairs, replacements and operation, sufficient to fund  interest, reserve and debt service fund annual requirements and shall be 110% of the debt service requirements on the Revenue Bond.  

20.2.  Rates and collection.  The rate herein specific will be collected as a special charge or surcharge for the Project.   This special charge or surcharge shall remain in effect until such time as the Revenue Bond is defeased or paid in full. 

20.3.  Initial Surcharge.  The initial special charge or surcharge shall be set by resolution and collected at the same time as other charges of the utility.  All users within the Surcharge District which benefit from the Project, current and future, shall be charged the special charge or surcharge.  The special charge or surcharge is found to be equitable for the services provided by the Project.  The special charge or surcharge shall begin at such time as will produce sufficient revenue to pay principal of, interest and Administrative Surcharge on the Revenue Bond when due.

20.4.  Segregation.  The Finance Officer shall set up bookkeeping accounts in accordance with South Dakota Legislative Audit guidelines for the segregation of the revenue, special charges and surcharges.

20.5.  Periodic review.  The amount of the surcharge shall be reviewed from time to time, not less than yearly, and shall be modified in order to produce such funds as are necessary and required to comply with the Loan Agreement’s rate covenant and to pay principal of, interest and Administrative Surcharge on the Revenue Bond when due.  The surcharge may be set by resolution in accordance with this Section.  The rate resolution shall be necessary for the support of government and shall be effective upon passage.

SECTION 21.   Additional Bonds.  As permitted by Sections 8 and 9 of the Act, Additional Bonds payable from revenues and income of the System or Project may be issued, as permitted in the Loan Agreement, and no provision of this Resolution shall have the effect of restricting the issuance of, or impairing the lien of, such additional parity bonds with respect to the net revenues or income from the extensions, additions or improvements.  The City shall have the right to issue additional bonds secured by a lien subordinate to the lien from the Revenue Bond pursuant to the Loan Agreement.

SECTION 22.  Project Fund Accounts.  For the purpose of application and proper allocation of the income of the Project and to secure the payment of principal, Administrative Surcharge and interest on the Revenue Bond, the following mandatory asset segregations shall be included in the sewer system account of the City and shall be used solely for the following respective purposes until payment in full of the principal of and interest on the Revenue Bond:

22.1.  Project Revenue Account.  There shall be deposited periodically into the Project Revenue Account the net revenues as defined in Section 17 of the Act derived from the operation of the Project collected pursuant to the resolutions and ordinances of the City of Garretson, South Dakota (collectively the “Rate Resolution”).  Moneys from the Project Revenue Account shall be transferred periodically into separate funds and accounts as provided below.

22.2.   Project Debt Service Account.  Out of the revenues in the Project Revenue Account, there shall be set aside no later than the 25th day of each month into the account designated Project Debt Service Account, a sum sufficient to provide for the payment as the same become due of the next maturing principal of, interest and Administrative Surcharge on the Revenue Bonds and any reserve determined by the City’s governing body to be necessary.  The amount set aside monthly shall be not less than one-third of the total principal, interest, and Administrative Surcharge payable on the following February 15, May 15, August 15 or November 15 and if there shall be any deficiency in the amount previously set aside, then the amount of such deficiency shall be added to the current requirement.

22.3.   Depreciation Account.  There shall be established a General Depreciation Account.  Out of the revenues of the Project Revenue Account there shall be set aside each month into the General Depreciation Account an amount determined by the Common Council to be a proper and adequate amount for repair and depreciation of the Project.

22.4.   Project Surplus Account.  There shall be established the Project Surplus Account.  Revenues remaining in the Project Revenue Account at the end of any fiscal year after all periodic transfers have been made therefrom as above required, shall be deemed to be surplus and shall be transferred to the Project Surplus Account.  If at any time there shall exist any default in making any periodic transfer to the  Project Debt Service Account, the Common Council shall authorize the Finance Officer to rectify such default so far as possible by the transfer of money from the Project Surplus Account.  If any such default shall exist as to more than one account or fund at any time, then such transfer shall be made in the order such funds and accounts are listed above. 

When not required to restore a current deficiency in the Project Debt Service Account, moneys in the Project Surplus Account from time to time may be used for any of the following purposes and not otherwise:

(a)        To redeem and prepay the Revenue Bond when and as such Revenue Bond becomes prepayable according to its terms;

(b)       To pay for repairs of or for the construction and installation of improvements or additions to the System; and, if the balances in the Project Debt Service Account and the Project Depreciation Account are sufficient to meet all payments required or reasonably anticipated to be made there from prior to the end of the then current fiscal year, then:

(c)        To be held as a reserve for redemption and prepayment of any bonds of the System which are not then but will later be prepayable according to their terms; or

(d)       To be used for any other authorized municipal purpose designated by the Common Council.

(e)        No moneys shall at any time be transferred from the Project Surplus Account or any other account of the Fund to any other fund of the City, nor shall such moneys at any time be loaned to other municipal funds or invested in warrants, special improvements bonds or other obligations payable from other funds, except as provided in this Section.

SECTION 23.  Approval of Paying Agent/Registrar.  The Revenue Bond shall be payable at the office of U.S. Bank National Association, St. Paul, Minnesota, hereby designated as paying agent and registrar.

SECTION 24.  Approval of Bond Counsel.  Meierhenry Sargent LLP is hereby retained as Bond Counsel with respect to the Revenue Bond.

SECTION 25.  Tax Matters.  The Interest on the Revenue Bond shall be excludable from gross income for federal income tax purposes under the Internal Revenue Code of 1986, as amended (“the Code”) and applicable Treasury Regulations (the “Regulations”). 

SECTION 26.  Covenants.   The City hereby covenants and agrees with the District and other owners of the Revenue Bond as follows:

26.1.   The City will punctually perform all duties with reference to the Project, the System and the Revenue Bond required by the constitution and laws of the State of South Dakota and by this Resolution. 

26.2.  The City agrees and covenants that it will promptly construct the improvements included in the Project. 

26.3.   The City covenants and agrees that pursuant to Sections 25 through 27 of the Act, the lawful holders of the Revenue Bond shall have a statutory mortgage lien upon the Project and the extensions, additions and improvements thereto acquired pursuant to the Act, until the payment in full of the principal and interest on the Revenue Bond, and the City agrees not to sell or otherwise dispose of the System, the Project, or any substantial part thereof, except as provided in the Loan Agreement and shall not establish, authorize or grant a franchise for the operation of any other utility supplying like products or services in competition therewith, or permit any person, firm or corporation to compete with it in the distribution of water for municipal, industrial, and domestic purposes within the City.

26.4.  The City covenants and agrees with the District and other owners of the Revenue Bond that it will maintain the System in good condition and operate the same in an efficient manner and at a reasonable cost, so long as any portion of the Revenue Bond remains outstanding; that it will maintain insurance on the System for the benefit of the holders of the Revenue Bond in an amount which usually would be carried by private companies in a similar type of business; that it will prepare, keep and file records, statements and accounts as provided for in this Resolution and the Loan Agreement.  The Revenue Bond shall refer expressly to this Resolution and the Act and shall state that it is subject to all provisions and limitations thereof pursuant to Section 19 of the Act. 

SECTION 27.  Depositories.  The Finance Officer shall cause all moneys pertaining to the Funds and Accounts to be deposited as received with one or more banks which are duly qualified public depositories under the provisions of SDCL Ch. 4-6A, in a deposit account or accounts, which shall be maintained separate and apart from all other accounts of the City, so long as any of the Bonds and the interest thereon shall remain unpaid.  Any of such moneys not necessary for immediate use may be deposited with such depository banks in savings or time deposits.  No money shall at any time be withdrawn from such deposit accounts except for the purposes of the Funds and Accounts as authorized in this Resolution; except that moneys from time to time on hand in the Funds and Accounts may at any time, in the discretion of the City’s governing body, be invested in securities permitted by the provisions of SDCL 4-5-6; provided, however, that the Depreciation Fund may be invested in such securities maturing not later than ten years from the date of the investment.  Income received from the deposit or investment of moneys shall be credited to the Fund or Account from whose moneys the deposit was made or the investment was purchased, and handled and accounted for in the same manner as other moneys therein.

SECTION 28. Consent to Appointment.  In the event of mismanagement of the Project, a default in the payment of the principal or interest of the Revenue Bond, or in any other condition thereof materially affecting the lawful holder of the Revenue Bond, or if the revenues of the Project are dissipated, wasted or diverted from their proper application as set forth in the Loan Agreement, Revenue Bond, or herein, the City hereby consents to the appointment of a receiver pursuant to Section 33 of the Act, and agrees that the receiver will have the powers set forth therein, and in Sections 34 and 35 of the Act to operate and administer the Project, and charge and collect rates as described therein.

SECTION 29.  Severability.   If any section, paragraph, clause or provision of this Resolution, the Loan Agreement, the Revenue Bond, or any other Loan Document shall be held invalid, the invalidity of such section, paragraph, clause or provision shall not affect any of the other provisions of this Resolution or said Loan Agreement, Revenue Bond, or any other Loan Document.

SECTION 30.  Repeal of Resolution.  At such time as the Revenue Bond is defeased or paid in full, this Resolution and the special charge or surcharge shall automatically be repealed without any further action of the City.

SECTION 31.  Authorization of City Officials.   The Mayor, Finance Officer, City Attorney and City officials shall be and they are hereby authorized to execute and deliver for and on behalf of the City any and all other certificates, documents or other papers and to perform such other acts as they may deem necessary or appropriate in order to implement and carry out the actions authorized herein.

SECTION 32.  Effective Date.    This Resolution shall take effect on the 20th day following its publication, unless suspended by a referendum.

            Adopted at Garretson, South Dakota, this 5th day of February, 2024.                                             APPROVED:                                                    Greg Beaner, Mayor

                                                 (SEAL)

Attest: 

             Paetyn Dreckman, Finance Officer

First reading:  02/05/2024

Published:      

Effective:        

            Published at the total approximate cost of $241.76 and can be viewed for free at www.sdpublicnotices.com. 2-15-24-1tc

            Resolution 2024-8 CW Surcharge       Resolution – Dreckman presented resolution as required by SD DANR and bond council to repay SRF loans being put in place to fund the 4th street project. Council discussed and Bonte motioned to approve resolution as written with a second from Franka. 6 ayes 0 nays. Motion passed.

RESOLUTION NO. 2024-8

RESOLUTION ESTABLISHING CLEAN WATER SURCHARGE

            WHEREAS, in addition to the other charges, the City of Garretson hereby establishes a surcharge of $25.00 payable by each customer of its system who receives or benefits from the services of the project financed by the CW-05 loan with the borrower bond.   The collection of the surcharge shall start on April 1st, 2024. The surcharge shall remain in effect until such time as the borrower bond is paid in full, it shall be collected at the same time as other charges of the system and establish a surcharge account to segregate the income from other system income for bookkeeping purposes to be pledged to the South Dakota Conservancy District.  The surcharge shall be reviewed from year to year and modified in order to provide the required 110 percent debt coverage.

            Adopted this 5th day of February 2024

Greg Beaner, Mayor

                        City of Garretson, South Dakota

(SEAL)

ATTEST:

Paetyn Dreckman, Finance Officer

City of Garretson, South Dakota

            Published at the total approximate cost of $13.85 and can be viewed for free at www.sdpublicnotices.com. 2-15-24-1tc

            Resolution 2024-9 DW Surcharge Resolution - Dreckman presented resolution as required by SD DANR and bond council to repay SRF loans being put in place to fund the 4th street project. Council discussed and Hoskins motioned to approve resolution as written with a second from Bonte. 6 ayes 0 nays. Motion passed.

RESOLUTION NO. 2024-9

RESOLUTION ESTABLISHING DRINKING WATER

SURCHARGE

            WHEREAS, in addition to the other charges, the City hereby establishes a surcharge of $10.00 payable by each customer of its system who receives or benefits from the services of the project financed by the DW-04 loan with the borrower bond.   The collection of the surcharge shall start on October 1st, 2024. The surcharge shall remain in effect until such time as the borrower bond is paid in full, it shall be collected at the same time as other charges of the system and establish a surcharge account to segregate the income from other system income for bookkeeping purposes to be pledged to the South Dakota Conservancy District.  The surcharge shall be reviewed from year to year and modified in order to provide the required 110 percent debt coverage.

            Adopted this 5th day of February 2024.

Greg Beaner, Mayor

                        City of Garretson, South Dakota

(SEAL)

ATTEST:

Paetyn Dreckman, Finance Officer

City of Garretson, South Dakota

            Published at the total approximate cost of $13.85 and can be viewed for free at www.sdpublicnotices.com. 2-15-24-1tc

New Business:

•          City Engineering Design Standards – Roberts presented design standards to council with supplemental standards. Dreckman sent all documents to council for review prior to meeting. Council discussed and Franka motioned to approve design standards with a second from Hoskins. 6 ayes 0 nays. Motion passed.

•          Leroy Austin –Street Dance – Austin was not in attendance so topic will be tabled to next meeting.

Old Business:

•          CIP Updates with ISG – Hamann and Propst gave an update and handed out a draft of the CIP. Requesting comments and changes to be turned into Dreckman by February 16th 2024. Council discussed and no action was taken.

            Other Items Brought Before Council:

            •          Beaner requested to revisit Economic Development for an update from Fueston. Fueston provided future growth and land use maps to the council for input on what they would like to see for the city in the future. Council discussed and Fueston requested feedback by February 8th 2024.

            7:38 PM Godbey motioned to move into executive session with a second from Rotert. 6 ayes 0 nays. Motion passed.

            Executive Session: Pursuant of SDCL 125-2 (1), (2), (3), (4), (5), (6)

            8:26PM Hoskins declared out of executive session.

            Actions Resulting From Executive Session: 

            Rotert motioned to hire JR Hofer as Public Works Manager reporting to Jordan Doane. Godbey seconded the motion. 6 ayes 0 nays. Motion passed.

            Bonte motioned to promote Jordan Doane to Public Works Director with a second from Hoskins. 6 ayes 0 nays. Motion passed.

            8:32 PM Rotert made a motion to adjourn with a second from Brown. 6 ayes 0 nays. Motion passed.

            Meeting Adjourned.

Greg Beaner, Mayor

ATTEST

Paetyn Dreckman

Finance Officer

(Unapproved)

            Published at the total approximate cost of $106.39 and can be viewed for free at www.sdpublicnotices.com. 2-15-24-1tc

Minutes of the Minnehaha County Building Committee

            THE MINNEHAHA COUNTY BUILDING COMMITTEE CONVENED AT 8:00 AM on February 6, 2024, pursuant to adjournment on December 19, 2024. COMMISSIONERS PRESENT WERE: Bender, Beninga, Bleyenberg, Karsky, and Kippley; Auditor Anderson, and Commission Administrative Officer Greco.  Also present were Kym Christiansen, Commission Recorder, and Eric Bogue, Chief Civil Deputy State's Attorney.

            MOTION by Bender, seconded by Bleyenberg, to approve the meeting minutes from December 19, 2023. 7 ayes.

BUILDING FUND PROJECT UPDATE

            Tom Greco, Commission Administrative Officer, provided an update to the list of projects currently funded through the Building Fund. The following projects were highlighted as well as the cost estimates for each project: Courthouse Fire Alarm System Replacement with a cost estimate of $414,000; Courthouse Museum Slate Roof Repair with a repair cost estimate of $130,000; Extension Building Landscape Improvements with a cost estimate of $160,000; Parking Lot B/C Replacement with a cost estimate of $960,000; Jail Precast Panel Sealant Replacement with a cost estimate of $220,000; Existing Jail Paint with a project cost of $412,000; and various Fairgrounds improvements with an available budget of $200,000. The Juvenile Justice Center is currently in the final design phase with a state date of April 1, 2023, and an estimated completion date of November 13, 2026. Additional projects that were discussed were the improvements for the Courthouse.  An update to the County Master Plan was also discussed.

MOTION by Bender, seconded by Kippley, to adjourn at 8:30 a.m. 7 ayes.

APPROVED BY THE BUILDING COMMITTEE:

Dean Karsky

Building Committee Chair

ATTEST:

Kym Christiansen

Commission Recorder 

            Published at the total approximate cost of $21.09 and can be viewed for free at www.sdpublicnotices.com. 2-15-24-1tc

NOTICE OF APPLICATION TIMELINE AND PROCEDURES FOR MINNEHAHA COUNTY MEDICAL CANNABIS DISPENSARY LICENSE

            Notice is hereby given that Minnehaha County will accept applications to operate a Medical Cannabis Dispensary pursuant to Minnehaha County Ordinance MC 60-21. Applications can only be submitted in person at the Minnehaha County Auditor’s Office, 415 N Dakota Avenue in Sioux Falls, SD.

            Applications will be received at the Minnehaha County Auditor’s Office between the following dates from 8:00 am – 5:00 pm, Monday – Friday, excluding holidays:

•          Applications accepted beginning on February 12, 2024

•          Application deadline will be April 11, 2024

            A copy of the application form can be found on the Minnehaha County website @ MinnehahaCounty.gov, listed under the section titled Notices or a copy can be obtained from the Auditor’s Office.

            All application must comply with the Minnehaha County Ordinance MC 60-21. A copy of this Ordinance can be found on the Minnehaha County website @ MinnehahaCounty.gov.

•          MC_60-21LicensingRegulationMedicalCannabis.pdf (minnehahacounty.gov)

            All applications must be accompanied with the following fees:

•          A non-refundable $50.00 publishing fee payable to the Minnehaha County Treasurer.

•          Separately, a non-refundable application fee of $5,000.00 payable by check or cashier-check to the Minnehaha County Treasurer.

•          Separately an Initial License Fee for a Medical Cannabis Establishment License of $100,000.00. Payment of the License Fee must be made payable to the Minnehaha County Treasurer in the form of a Cashier Check. The License Fee is refundable to those applicants that are not awarded a medical cannabis license.

            For additional information on the application process please contact the Minnehaha County Auditor’s Office at or 605-367-4220.

            Dated at Sioux Falls, South Dakota, this _____ day of ______________, 20_____.

   Leah G. Anderson, County Auditor

            Published at the total approximate cost of $24.85 and can be viewed for free at www.sdpublicnotices.com. 2-15-24-1tc

NOTICE OF HEARING FOR APPLICATION TO TRANSFER RETAIL (ON-SALE) LIQUOR LICENSE

            Notice is hereby given that a hearing will be held before the Minnehaha County Commission at the Commission Meeting Room, County Administration Building, 415 N. Dakota Ave., Sioux Falls, SD, at or after 9:00 a.m. on Tuesday, February 27, 2024, to consider an application to transfer a Retail (on-sale) Liquor License for the remainder of the 2024 licensing period as set forth below:

            FROM: Amanda Nelson and Joshua Nelson dba The Barn, Inc. 

            TO: BH B.A.R, LLC dba BH b.a.r, LLC. 

            LEGAL DESCRIPTION: Tract 3 and Tract 5 of Krell’s Addition in the Southeast Quarter (SE1/4) of the Southeast Quarter (SE1/4) of Section 36, Township 101 North, Range 51, West of the 5th P.M.

            At which time and place anyone interested may appear to file objections to the granting of the same.

            Dated at Sioux Falls, South Dakota, this 6th day of February, 2024.

Leah Anderson, County Auditor

            Published at the total approximate cost of $12.78 and can be viewed for free at www.sdpublicnotices.com. 2-15-24-1tc

Notice: DBA Doing Business As/Assumed Name status

            Office of the Minnesota Secretary of State Certificate of Assumed Name Minnesota Statutes, Chapter 333 The filing of an assumed name does not provide a user with exclusive rights to that name. The filing is required for consumer protection in order to enable customers to be able to identify the true owner of a business. ASSUMED NAME: KIRK ALLEN HETTICH, KIRK A HETTICH, KIRK HETTICH, K A HETTICH, K HETTICH, KAH, KH, HAK, HETTICH KIRK, HETTICH KIRK ALLEN, HETTICH ALLEN KIRK; NAMEHOLDER(S): Kirk-Allen Hettich Name: Kirk-Allen Hettich Address: c/o 700 South Tayberry Avenue, Sioux Falls, South Dakota [57106] USA Mailing Address: 700 South Tayberry Avenue, Sioux Falls, South Dakota [57106] Email for Official Notices: n/a /s/ Steve Simon Secretary of State. All rights reserved without prejudice, without recourse. UCC 1-308.

            Published twice at the total approximate cost of $20.45 and can be viewed for free at www.sdpublicnotices.com.    2-8-24-2tc

Notice: DBA Doing Business As/Assumed Name status

            Office of the Minnesota Secretary of State Certificate of Assumed Name Minnesota Statutes, Chapter 333 The filing of an assumed name does not provide a user with exclusive rights to that name. The filing is required for consumer protection in order to enable customers to be able to identify the true owner of a business. ASSUMED NAME: LOGAN LEE THEISEN, LOGAN L THEISEN, LOGAN THEISEN, THEISEN LOGAN, THEISEN LOGAN LEE, L L THEISEN, L THEISEN, LLT, LT, TLL, DALTON RAE THEISEN, DALTON R THEISEN, DALTON THEISEN, D R THEISEN, D THEISEN, THEISEN DALTON, THEISEN DALTON RAE, DRT, DT, TDR; NAMEHOLDER(S): Jody-LaRae Wellman Name: Jody-LaRae Wellman Address: c/o 700 South Tayberry Avenue, Sioux Falls, South Dakota [57106] Mailing Address: c/o 700 South Tayberry Avenue, Sioux Falls, South Dakota [57106] Email for Official Notices: n/a /s/ Steve Simon Secretary of State. All rights reserved without prejudice, without recourse. UCC 1-308.

            Published twice at the total approximate cost of $23.00 and can be viewed for free at www.sdpublicnotices.com.   

2-8-24-2tc

Notice: DBA Doing Business As/Assumed Name status

            Office of the Minnesota Secretary of State Certificate of Assumed Name Minnesota Statutes, Chapter 333 The filing of an assumed name does not provide a user with exclusive rights to that name. The filing is required for consumer protection in order to enable customers to be able to identify the true owner of a business. ASSUMED NAME: JODY LARAE THEISEN, JODY L THEISEN, JODY THEISEN, THEISEN JODY LARAE, J L THEISEN, J THEISEN, JLT, JT, THEISEN, THEISEN, JODY LARAE, WELLMAN, JLW, JW, JODY LARAE WELLMAN, JODY L WELLMAN, JODY WELLMAN, WELLMAN JODY LARAE, J L WELLMAN, J WELLMAN; NAMEHOLDER(S): Wellman Jody-LaRae Name: :Jody LaRae: Wellman Address: c/o 700 South Tayberry Avenue, Sioux Falls, South Dakota [57106] USA Mailing Address: c/o 700 South Tayberry Avenue, Sioux Falls, South Dakota [57106] USA Email for Official Notices: n/a /s/ Steve Simon Secretary of State. All rights reserved without prejudice, without recourse. UCC 1-308.

            Published twice at the total approximate cost of $23.00 and can be viewed for free at www.sdpublicnotices.com. 2-8-24-2tc

ADVERTISEMENT FOR BIDS

GARRETSON SCHOOL DISTRICT 49-4 SCOREBOARD REPLACEMENT

GARRETSON, SD

General Notice

Garretson School District (Owner) is requesting Bids for the construction of the following Project:

GARRETSON SCHOOL DISTRICT 49-4 SCOREBOARD REPLACEMENT

            Bids for the construction of the Project will be received at the Garretson School District Office until February 28, 2024 2:00 p.m. local time. At that time the Bids received will be publicly opened and read.

            The Project includes the following Work:

            Provide all labor, materials, tools, and equipment to remove the existing scoreboard and install the new scoreboard, foundation and accent panel as specified in this contract and shown on applicable drawings.

Bids are requested for the following Contract:  Garretson School District 49-4 Scoreboard Replacement

            The Project has an expected completion date of August 1st, 2024.

Obtaining the Bidding Documents

            Information and Bidding Documents for the Project can be found at the following designated website:

https://www.infrastructuredg.com/bid-information/

            Bidding Documents may be downloaded from the designated website. Prospective Bidders are urged to register with the designated website as a plan holder, even if Bidding Documents are obtained from a plan room or source other than the designated website in either electronic or paper format. The designated website will be updated periodically with addenda, lists of registered plan holders, reports, and other information relevant to submitting a Bid for the Project. All official notifications, addenda, and other Bidding Documents will be offered only through the designated website. Neither Owner nor Engineer will be responsible for Bidding Documents, including addenda, if any, obtained from sources other than the designated website.

Instructions to Bidders.

            For all further requirements regarding bid submittal, qualifications, procedures, and contract award, refer to the Instructions to Bidders that are included in the Bidding Documents.

            This Advertisement is issued by:

Owner:            Garretson School District 49-4

By: Guy Johnson

Title: Superintendent

Published twice at the total approximate cost of $46.01 and can be viewed for free at www.sdpublicnotices.com.

   2-8-24-1tc

ADVERTISEMENT FOR BIDS

GARRETSON SCHOOL DISTRICT 49-4 VISITOR BLEACHERS

GARRETSON, SD

General Notice

Garretson School District (Owner) is requesting Bids for the construction of the following Project:

GARRETSON SCHOOL DISTRICT 49-4 VISITOR BLEACHERS

            Bids for the construction of the Project will be received at the Garretson School District Office until February 28, 2024 2:00 p.m. local time. At that time the Bids received will be publicly opened and read.

            The Project includes the following Work:

            Provide all labor, materials, tools, and equipment to install the new bleachers and foundation pad as specified in this contract and shown on applicable drawings.

            Bids are requested for the following Contract:  Garretson School District 49-4 Visitor Bleachers

            The Project has an expected completion date of August 1st, 2024.

Obtaining the Bidding Documents

Information and Bidding Documents for the Project can be found at the following designated website:

https://www.infrastructuredg.com/bid-information/

            Bidding Documents may be downloaded from the designated website. Prospective Bidders are urged to register with the designated website as a plan holder, even if Bidding Documents are obtained from a plan room or source other than the designated website in either electronic or paper format. The designated website will be updated periodically with addenda, lists of registered plan holders, reports, and other information relevant to submitting a Bid for the Project. All official notifications, addenda, and other Bidding Documents will be offered only through the designated website. Neither Owner nor Engineer will be responsible for Bidding Documents, including addenda, if any, obtained from sources other than the designated website.

Instructions to Bidders.

            For all further requirements regarding bid submittal, qualifications, procedures, and contract award, refer to the Instructions to Bidders that are included in the Bidding Documents.

This Advertisement is issued by:

Owner:Garretson School District 49-4

By: Guy Johnson

Title:Superintendent

Published twice at the total approximate cost of $45.37 and can be viewed for free at www.sdpublicnotices.com.

   2-8-24-1tc

Notice of Hearing: for Adult Name Change

CIV: 24-352

STATE OF SOUTH DAKOTA) SS   COUNTY OF  MINNEHAHA) 

IN CIRCUIT COURT

SECOND JUDICIAL CIRCUIT

In the Matter of the Petition

of Nicole Aileen Morgan,

For a Change of Name to

Nicole Aileen Borszich

 CIV: 24-352

            Notice is hereby given that a Verified Petition for Adult Name  Change has been filed by Nicole Aileen Morgan, the object and prayer of which is to change Petitioner’s name from Nicole Aileen Morgan to Nicole Aileen Borszich.

            On the 19th day of March, 2024, at the hour of 11:00 a.m. said Verified Petition will be heard by this Court before the Honorable Judge Hoffman Presiding, at the Court Room in the Minnehaha County Courthouse, City of Sioux Falls, Minnehaha County, South Dakota, or as soon thereafter as is convenient for the court. Anyone may come and appear at that time and place and show reasons, if any, why said name should not be changed as requested.

            Dated this 30th Day of January, 2024 at Sioux Falls, South Dakota.

Attested by,

Angelia Gries, Clerk of Court

            Published four times at the approximate cost of $50.69  and can be viewed for free at www.sdpublicnotices.com.

2-8-24-4tc