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13328 THE MINNEHAHA COUNTY COMMISSION CONVENED AT 9:00 A.M. October 8, 2013 pursuant to adjournment on October 1, 2013. Commissioners present were: Barth, Beninga, Heiberger, and Pekas. Commissioner Kelly was absent. Also present were Cindy Jepsen, Commission Recorder, and Kersten Kappmeyer, Chief Civil Deputy State s Attorney. Beninga called the meeting to order. MOTION by Pekas, seconded by Heiberger, to approve the agenda. 4 ayes. MOTION by Pekas, seconded by Heiberger, to approve the October 1, 2013 Commission Minutes. 4 ayes. VOUCHERS TO BE PAID MOTION by Barth, seconded by Heiberger, to approve the following bills totaling $549,001.28. 4 ayes. A-Ox Welding Supp Co Lease-Rental 48.00 A-Ox Welding Supp Co Small Tools, 37.03 Alcohol Monitoring S Alternatives 189.20 Allied Oil & Tire Co Automotive/Sm 1,182.28 Allied Oil & Tire Co Truck Repair 38.50 American Engineering Architects & 12,242.00 Anesthesia Physician Physicians 252.00 Appeara / Dudley Lau Lease-Rental 32.64 Applied Concepts Inc Vehicle Equip 52.00 Arena Motel Motels 40.00 At & T Safety & Resc 70.74 Avera McKennan Hospi Blood Withdra 66.00 Avera Mckennan Hospi Clinics - Aux 895.00 Avera McKennan Hospi Hospitals 4,256.00 B&J Properties Llc Welfare Rent 600.00 Baptiste, Sara Jean Business Trav 12.58 Baptiste, Sara Jean Education & T 108.00 Batteries Plus/Onesk Heavy Eq. Rep 164.00 Beadle County (SD) S Return Of Ser 26.72 Bechtel, Dave Welfare Rent 650.00 Binger Law Office Child Defense 932.40 Bob Barker Company, Inmate Suppli 3,764.67 Boyce,Greenfield,Pas Attorney Fees 1,000.40 Brennan Hill Townhou Welfare Rent 600.00 Bureau Of Informatio Telephone 40.00 Butler Machinery Com Parts Invento 130.25 C & J Inc Dba Electrical Re 209.00 Cadwell,Sanford,Deib Child Defense 155.80 Capital Reporting Sv Depositions 36.50 Carlson, Lisa Court Reporte 72.20 CBM Managed Services Board Of Pris 9,934.20 CBM Managed Services Inmate Suppli 961.65 Center For Family Me Other Profess 150.00 Century Business Pro Furniture & O 1,134.00 Century Business Pro Maintenance C 577.49 Charles Mix County S Return Of Ser 49.32 Chemco, Inc. Kitchen/Clean 1,651.14 Civil Design Inc Architects & 366.00 Concrete Materials Road Maint. & 47,855.66 Constellation New En Natural Gas 1,955.33 Cooey, Carla F Court Reporte 40.80 Correct Care Solutio Detox 70,606.50 Counseling Resources Attorney Fees 1,875.00 Curry, Aaron B. Business Trav 194.62 Dakota Data Shred Trash Removal 152.08 Dakota Security Syst Building Repa 1,308.79 Dakota Splash Water - Sewer 121.30 Damon, Jamie Attorney Fees 1,379.00 Deaver, Carey Jo Business Trav 18.13 Decastro Law Office, Child Defense 1,495.00 Dewald, Sandra Other Misc. R 75.00 Dezotell, Dale Welfare Rent 650.00 Diamond Properties L Welfare Rent 500.00 Doshier, Anne Other Misc. R 300.00 Eastern Farmers Coop Road Maint. & 34.14 Erpenbach, John E Recruitment 125.00 First Dakota Nationa 2012 Homeland 2,686.25 Fleetpride / Holt, I Automotive/Sm 200.68 Fleetpride / Holt, I Heavy Eq. Rep 51.66 Fleetpride / Holt, I Truck Repair 475.80 G & G Mfg. & Souveni Store Invento 114.93 Garnos, Graham Dba K Welfare Rent 305.86 Gearman, Jason Investigators 62.16 Graham Tire Co. - Do Motor/Machine 79.00 Gunner, Andrea Court Reporte 243.40 Guzman, Sandra V. Interpreters 75.00 Haugaard, Steven G Bd Exp. Fees 195.50 Heartland Paper Comp Program Equip 47.09 Hoekstra, Denise A. Court Reporte 98.80 Howes Oil Co., Inc. Other Misc. R 300.00 Hurtgen, Timothy T/P Welfare Rent 300.00 Infrastructure Desig Architects & 4,630.26 Interstate Office Pr Kitchen/Clean -103.96 Interstate Office Pr Office Suppli 1,066.79 ISI Llc Interpreters 260.00 Jaros, Pete Investigators 98.05 JCL Solutions-Janito Kitchen/Clean 1,085.14 JCL Solutions-Janito Office Suppli 1,436.90 Johnson County(IA)Sh Return Of Ser 25.20 Johnson, Richard L Attorney Fees 766.80 Juba, Stephen Education & T 180.00 Khoroosi, Sam Attorney Fees 176.40 Kingsbury County She Return Of Ser 28.06 Kmart Program Equip 45.97 Knology Inc Dba W Telephone 59.19 Kriens, Mark Education & T 180.00 LA Police Gear Inc Safety & Resc 1,127.50 Labor Ready Midwest Road Maint. & 905.40 Larson, Jeff Attorney Fees 554.40 Lason Systems Inc Archive/Prese 262.50 Laughlin, Nicole Attorney Fees 1,903.50 Long, Stacia Other Misc. R 150.00 Luk, Anna - Luk In Welfare Rent 1,519.00 Lutheran Social Svcs Interpreters 300.00

13329 Mac's, Inc. Motor/Machine 20.68 Mattson, Monica Child Defense 3,092.00 Menards - East Small Tools, 70.24 Metro Communications Clinics - Aux 90.00 Microfilm Imaging Sy Office Suppli 26.54 MidAmerican Energy C Natural Gas 60.00 Midwest Oil Company, Parts Invento 235.78 Mobile Electronic Se Communication 145.00 Multi-Cultural Cente Interpreters 660.00 Narem, Inc Truck Repair 76.40 Native American Herb Store Invento 52.92 Neurology Associates Physicians 172.38 Neve's Uniforms Uniform Allow 3,616.25 Nicholson, Tschetter Attorney Fees 282.93 Nies Properties Llc Welfare Rent 480.00 North Central Farmer Gas,Oil,Diese 23,351.25 North Central Intl S Parts Invento 70.05 Oconnor Company Building Repa 143.25 Olson, Waltner & Sch Child Defense 1,411.00 Pheasantland Industr Inmate Suppli 1,057.90 Pheasantland Industr Jdai Expansio 3,786.04 Pheasantland Industr Printing/Form 2,297.17 Pierre Parkside Deve Business Trav 3,850.00 Quest Engineering, I Small Tools, 115.15 Redlin, Jim Dba Parts Invento 169.20 Richard-Ewing Equipm Heat,Vent & A 276.09 Rigsby Law Office Pl Attorney Fees 117.60 Robsons Inc Dba Rob Kitchen/Clean 69.99 Rock County (Mn)Sher Return Of Ser 200.00 Rosenbauer/Central S Automotive/Sm 162.02 Rue Remodeling/Keith Building Repa 4,527.97 Rural Metro Ambulanc Transportatio 300.00 Sanford Health Plan- Expenditures 2,358.53 Sanford Hospital Blood Withdra 60.00 Sanford Hospital Clinics - Aux 489.25 Sanford Hospital Lab Costs 346.12 SD Continuing Legal Memberships 500.00 SD Dept Of Revenue Blood/Chemica 835.00 SD Dept Of Revenue Lab Costs 122.00 SD Human Services Ce Clinics - Aux 9.60 SD State Historical Memberships 45.00 SF Leased Housing As Welfare Rent 500.00 SF Leased Hsg Author Welfare Rent 595.00 Sheehan Mack Sales & Parts Invento 116.98 Simon, Anthony (OR) Other Profess 95.00 Sioux Falls Construc Contr. Co 220,670.73 Sioux Falls Utilitie Welfare Utili 81.00 Sioux Valley Energy Electricity 247.70 Sioux Valley Energy Road Maint. & 138.06 Sioux Valley Energy Tea-Ellis Ran 74.83 South Holly Prop Llc Welfare Rent 450.00 Southeast SD Tourism Advertising 2,254.00 Streicher's Ammunition 671.99 Strom, Jacque Other Misc. R 150.00 Swaney, Dawn County Cemete 100.00 Szameit, Alexandra Interpreters 519.14 Tally Ho Apartments Welfare Rent 600.00 Taylor Place Llc Welfare Rent 500.00 Thomson Reuters - We Legal Researc 198.45 Thorin, Deyanira T Interpreters 341.66 Thornell, Ryan F Alternatives 250.00 Timekeeping Systems, Other Repairs 95.00 Tires,Tires,Tires In Automotive/Sm 70.24 Tires,Tires,Tires In Gas,Oil,Diese 75.79 Tomacelli's Pizza Jury Fees 89.70 Turnkey Corrections Inmate Suppli 654.10 United Way Worldwide Federal Grant 22.00 United Way Worldwide Invested Inte 5.41 US Postal Service Postage 1,200.00 Vanderlinde, David/C Welfare Rent 400.00 Variety Foods Llc Other Profess 152.30 W Haywood Burns Inst DMC-JJDPA Gra 38,964.68 Wall Lake Sanitary D Water - Sewer 70.00 Walsh, Mike Education & T 104.00 Weerheim, Tom Attorney Fees 218.40 Wheelco Brake & Supp Heavy Eq. Rep 9.25 Wheelco Brake & Supp Truck Repair 130.11 Willow Partners Llc Welfare Rent 400.00 Xcel Energy, Inc. Electricity 9.00 Xcel Energy, Inc. Welfare Utili 2,846.38 Yellow Robe, Luke ICWA Profess 24,720.00 Zee Medical Service Office Suppli 78.35 21St Mortgage Corp Welfare Rent 1,073.44 REPORTS The Minnehaha County Human Services Report and Sheriff s Department Report for September 30, 2013 were received and placed on file in the Auditor s Office. PERSONNEL MOTION by Pekas, seconded by Barth, to approve the following personnel changes. 4 ayes. 1. To hire Francis Konechne as Mechanic (14/4) for the Highway Department at $19.081/hour effective 10/10/13. 2. To hire Patricia Kohnen as temporary, part-time Clerical Worker for Equalization at $9.75/hour effective 10/7/13 to 1/1/14. Step Increases Due

13330 1. Monica Honkamp Senior Property Technician Equalization 12/2 to 12/3 10/3/13 $16.864/hour 2. John Cole, Melanie Sanner, & Alysia Iosty Appraisers Equalization 15/11 to 15/12 9/24/13 $24.425/hour 3. Larry Bakken Appraiser Equalization 15/14 to 15/15 8/28/13 $26.303/hour 4. Carey Deaver Human Resources Director Human Resources 24/9 to 24/10 9/15/13 $3,363.92/bi-weekly PROCLAMATION Charles Martinell, 4-H Youth Advisor, and Rachel Bonine, part-time 4-H Youth Advisor were present to read a proclamation recognizing October 9-13, 2013 as National 4-H Week in Minnehaha County. MOTION by Barth, seconded by Heiberger, to authorize the to sign the proclamation. 4 ayes. TAX DEEDS Pam Nelson, Treasurer, requested approval of a resolution restoring Tax Deed #2562 to the prior record owner. During the tax deed process the prior record owner did not notify the county of their age or respond to any letters that were sent to them. After the tax deed was filed with the Register of Deeds, it was discovered that the prior owners were over 70 years old. State law provides for homestead exemptions for persons over seventy years of age. MOTION by Barth, seconded by Heiberger, to approve Resolution MC13-55. 4 ayes. RESOLUTION MC13-55 WHEREAS Minnehaha County holds under tax deed proceedings Tax Deed #2562, Record ID #23608 covering property described as the W 82 of the S 8 of Lot 1 and all of Lot 2 of Oak s Subdivision of Block 4 Oak s Addition to Hartford, Minnehaha County. WHEREAS Leroy S & Janice L Peterson, 306 N. Main Street, Harford, South Dakota, are the prior record owners of above described property: and WHEREAS SDCL 43-31-1 provides for a homestead exemption for persons over seventy years of age; now therefore, be it RESOLVED, by Minnehaha County Commission, that pursuant to the requirements of SDCL 43-31-1, the property is to be restored to Leroy S & Janice L Peterson and that the Minnehaha County Treasurer is authorized to issue a quit claim deed thereto; and BE IT FURTHER RESOLVED that all taxes, assessments, and costs owing against the property shall remain against the property. Dated at Sioux Falls, South Dakota on this 8 th day of October, 2013 ATTEST: Bob Litz, Auditor Approved by the Commission: Pam Nelson, Treasurer, requested approval of a resolution to restore Tax Deed #2557, 2558, and 2559 to the prior record owners. After the Tax Deeds were issued the Treasurer s Office was notified by an attorney that the prior record owners have a deceased son with children and grandchildren that must be notified before the county can issue the tax deed. MOTION by Barth, seconded by Pekas, to approve Resolution MC13-56. 4 ayes. RESOLUTION MC13-56

13331 WHEREAS Minnehaha County holds under tax deed proceedings Tax Deed #2557, 2558, 2559, Record ID s # 13386, 45203, 45204 covering properties described as the Southeast Quarter of the Southeast Quarter of the Southwest Quarter (SE1/4SE1/4SW1/4) of Section 17, Township 101 North, Range 52 West of the 5 th P.M.; The West Two-Thirds (W2/3) of Lot 6 and the East Two-Thirds (E2/3) of Lot 7 of Bean s Subdivision of Block 4 of Rowland s Second Addition; The West One-Third(W1/3) of Lot 7 and all of Lot 8 of Bean s Subdivision of Block 4 of Rowland s Second Addition to Sioux Falls, Minnehaha County. WHEREAS Paul A. H. Anderson, Myrtle Irene Anderson, both deceased, are the prior record owners of above described property. WHEREAS The County was notified by Wayne Anderson s Attorney that Paul A H Anderson and Myrtle Irene Anderson have a deceased son with children and grandchildren that must be notified. RESOLVED, by Minnehaha County Commission, that the property is to be restored to Paul A H Anderson and Myrtle Anderson and that the Minnehaha County Treasurer is authorized to issue a quit claim deed thereto; and BE IT FURTHER RESOLVED that all taxes, assessments, and costs owing against the property shall remain against the property. Dated at Sioux Falls, South Dakota on this 8 th day of October, 2013 Approved by the Commission: ATTEST: Bob Litz, Auditor BID AWARD DJ Buthe, Highway Superintendent, requested reconsideration for concurrence with the South Dakota Department of Transportation (SD DOT) bid award to Swingen Construction for SDDOT Project BRO 8050(64). MOTION by Pekas, seconded by Heiberger, to concur with the SD DOT bid award to Swingen Construction in the amount of $719,038.30 for Bridge Replacement Project 50-298-200. 4 ayes. AGREEMENT Kristin Trana, Administrative Coordinator for the Sheriff s Office, presented an agreement with the City of Sioux Falls for the Minnehaha County Sheriff s Office to provide fingerprinting service for a fee of $15.00 per person fingerprinted. Providing this service for the City would require the Sheriff s Office to hire one part-time person. Kersten Kappmeyer, Chief Civil Deputy State s Attorney, explained the terms of the agreement. Commissioner Barth feels the agreement needs more work and we should continue to negotiate the terms. MOTION by Barth, seconded by Pekas to table this item until the Auditor s Office and State s Attorney s Office has time to renegotiate the terms of the agreement. Commissioner Pekas stated that he was not very comfortable with the contract. VOTE on motion. 3 ayes, Beninga voted nay. NEW BUSINESS Commissioner Pekas stated that he will be in a trial next week and will not be present at the October 15 th commission meeting. MOTION by Barth, seconded by Heiberger, to adjourn into Executive Session for personnel, legal briefing by counsel and contract discussions. 4 ayes. The Commission adjourned until 9:00 a.m. on Tuesday, October 15, 2013. APPROVED BY THE COMMISSION:

13332 ATTEST: