AUGUST 11, 2009 – GENERAL MEETING

Meeting called to order by Chairman Fischbach at 8:45 A.M. in the Commissioner’s Chambers, Courthouse Annex, Brown County, SD. Present were Commissioners Hansen, Elliott, Sutton and Wiese.

MINUTES:

Moved by Elliott, seconded by Sutton to approve the General Meeting minutes of August 4, 2009. All members present voting aye. Motion carried.

CLAIMS:

Moved by Wiese, seconded by Sutton to approve the following claims:

Supplies: Best Business $226.73, Brown & Saenger $443.88, Central Supply $362.50, Taylor Laundry $94.50, Office Equip $391.61, Exhaust Pros $31.80, Dakota Elec $4251.65, Jefferson Partners $55.00, Graham Tire $13.25, Double D $171.00, Ultramax $486.00, Streichers $116.96, Digital Alley $135.00, Michael Kost $175.00, Trent Anderson $175.00, Sewing Shop $84.50, Kesslers $348.65, Cash-Wa $4263.78, Menards $2046.70, Macs $224.50, Fastenal $31.10, Evergreen Supply $83.17, Farm Power $15.61, Meyers Tractor Salvage $150.00, Crescent Elec $19.46, Praxair $17.25, Carquest $4.87, Jacobs Const $5087.50, RDO $11.67, Runnings $840.09, Midstates Printing $1187.50, Glas Consulting $596.25, Sherri Rawstern $18.19, Dacotah Prairie Merchantile $3.50, Ameripride $131.61, ProBuild $59.90, Quality Quick Print $28.09, Van Diest $7294.00, TSC $73.87, Kens Alignment $675.34, Consumer Reports $26.00, New Deal Tire $990.15, North Central Farmers Elev $8103.52, Pierson Ford $273.62, Sheehan Mack Sales $1359.56, Safety Service $1178.35, SD Dept of Revenue $4326.74, DNA Auto $45.13, InfoUSA City Directory $900.00, Hub City Radio $500.00, Insurance $500.00, Economy Meats $195.00, K-Mart $69.80, Walmart $562.36, Rich Hansen $53.97, A-1 Locksmith..$108.00, Sherwin-Williams $77.36, Kens Superfair Foods $31.56, Hefty Seed $39.48, Crafty Wofer $75.00, Fred Johnson $500.00, Volunteers of America $340.00, Civil Air Patrol $950.00, ProBuild $87.96, Horizon Signal Tech $3200.00, Three Season Tents $8300.00, Spotslam $1513.00, Amy Engelhart $750.00, Midwest Golf Carts $6670.00, Aberdeen Lions Club $700.00, Local 862 $850.00, B&B Contracting $3940.00, Specialized Radio $1950.00, Boy Scouts Troop 51 $2766.00,CNW Sanitation $4500.00, Pickup Pullers Assn $1200.00, Aberdeen Karting Club $500.00:

Professional Fees: NE Mental Health Center $453.53, Mike Amo $2800.00, Kathy Bender $1000.00, Edward Aragoni $3250.00, Phil Baker $800.00, Bowdle Boys $1100.00, Great Pretenders $2500.00, John Mogen $900.00, Glacial Lakes Chili Cook-off $150.00, KELO TV $1500.00, Dakota Bank $615.99, Dakota Radio Group $117.00, Scott McFall $4000.00, Sherwin Linton $1500.00, Old Time Tractor Pullers Assn $1200.00, NBHA Barrel Race $1000.00, Romeo Entertainment $142,500.00, Good Shepherd Lutheran Church $2100.00, Dana Brick $4800.00, NBHA $1800.00, TMS $15,500.00, Frederick Comm Club $9250.00, NSU Swim Team $4000.00, Aberdeen Advanced Care $3132.00, Korkow Rodeo $24,000.00, Romeo Entertainment $9000.00, Patrick Flanigan $2000.00:

Publications: American News $472.52:

Court Appointed Attorney: Johnson, Miner, Marlow $157.43, Creighton Thurman $318.34:

Travel: Tom Fischbach $156.88, Roxy Hilgenberg $18.13, Kim Dorsett $26.00:

Utilities: FSH $60.00, City of Aberdeen $31.02, Northwestern Energy $884.32, Northern Valley $368.45, Tel Serv $1419.75, Qwest $35.95, Northern Wireless $111.90, Dependable Sanitation $19,725.12, Verizon $70.40:

Care of Poor: Dr/Hospital - 6 recipients-Dakota Imaging $165.07, Avera St Lukes $40,305.67, Dakota Plains Surgical $480.00, Orthopedic Surgery $570.72; Rent - 5 recipients-P&H Investments $200.00, Danne $260.00, Justin Shultis $497.50, Super 8 East $71.98; Transportation -4 recipients-Emergency Poor Fund $110.00, Brown County Hwy $32.09. All members present voting aye. Motion carried.

PERSONNEL:

Moved by Hansen, seconded by Elliott to approve hiring the following to work during the 2009 Brown County Fair, effective August 18, 2009: Jason Weig, Adam Shepard, Meredith McGarry, Tim Norton, Wayne Naeviell, Vernell Jensen, Andrew Cutt, Shayne LeBeau, Steven Newton, William Watros, DeWayne Dauwen, Mike Bryant, Kayla LaBelle, Leslie Campbell @ $8.77 per hour. All members present voting aye. Motion carried.

TRANSFER:

Moved by Wiese, seconded by Sutton to approve and authorize the following transfer of spending authority and cash, as reflected in the 2009 General Fund #101 Budget: $3,276,625.06 to Road and Bridge Fund #201. All members present voting aye. Motion carried.

AUDITORS REPORT OF ACCOUNT:

Moved by Hansen, seconded by Sutton to approve the July 2009 Auditor’s Report of Account with the County Treasurer in total amount of $11,778,283.85 (total amount of actual cash @ $3,337.60, Wells Fargo Bank @ $3,694.79, US Bank @ $171,682.02, Dacotah Bank @ $36,437.25, Petty Cash @ $1,800.00, Fund Investments @ $11,561,169.79, Outstanding Checks @ $162.40). All members present voting aye. Motion carried.

LEASE AGREEMENT:

Moved by Wiese, seconded by Elliott to approve and authorize the Chairman sign the following agreement: Aberdeen Chamber for lease of the Expo Addition on June 6, 2009. All members present voting aye. Motion carried.

SW DISPOSAL FACILITY RENEWAL:

Moved by Wiese, seconded by Hansen to acknowledge and approve application to renew the permit issued by the SD DENR for the City of Hecla to operate a restricted use solid waste facility in the SE ¼ of the SW ¼ of Sec 22-T128N-R61W, Brown County, SD to dispose of trees and wood waste; construction and demolition debris (no asbestos); and yard waste composting. All members present voting aye. Motion carried.

LOTTERY APPLICATION:

2010 BUDGET PRESENTATION:

Stephanie Graeb, Volunteers of America, Molly Vetter, Eric Vetter and Amy Lake-Harmon presented information in regard to the 2010 budget request for the Crisis Intervention portion of the Volunteers of America Program.

2010 PROVISIONAL BUDGET:

Moved by Sutton, seconded by Hansen to approve the 2010 Provisional Budget and authorize advertising public hearing to be held in the Commissioner’s Chambers, Courthouse Annex, at 9:00 A.M. on September 1, 2009. Roll call vote: Commissioners Hansen-aye, Elliott-aye, Sutton-aye, Wiese-aye, Fischbach-aye. Motion carried.

SPECIAL MALT BEVERAGE LICENSE HEARING:

Moved by Elliott, seconded by Sutton to approve the following Special Malt Beverage License Applications (maps indicating specific buildings on file with applications): Aberdeen Hockey Association – Brown County Fairgrounds (Clubhouse) SW ¼-Sec 1-T123N-R64W, effective August 17, 18, 19, 20, 21, 22 & 23, 2009; Centennial Village Inc - Brown County Fairgrounds (Centennial Village) SW ¼ Sec 1-T123N-R64W, effective August 17, 18, 19, 20, 21, 22 & 23, 2009; Boys & Girls Club - Brown County Fairgrounds (Grandstand) SW ¼ Sec 1-T123N-R64W, effective August 17, 18, 19, 20, 21, 22, & 23, 2009, to be held in the Commission Chambers, Courthouse Annex at 8:45 A.M. on the 11^{th day of August, 2009. All members present voting aye. Motion carried.}

BID AWARD – 12W RECONSTRUCTION PROJECT:

Moved by Hansen, seconded by Wiese to award bid, submitted by Lien Transportation Company in total amount of $461,734.57 (only bid received) for labor and material to complete the 12W Reconstruction Project. All members present voting aye. Motion carried.

COURT ADMINISTRATOR OFFICE:

Angie Goetz, Court Administrator and Mick Palmer, Maintenance discussed need to remodel office for Court Administrator at approximate cost of $4,700.00. Board concurred.

EQUIPMENT PURCHASE:

Moved by Sutton, seconded by Hansen to award low quote, submitted by Tool Crib, Fargo ND in amount of $6,224.99 for an aerial work platform for the Maintenance Department; rejecting Weismantel, Aberdeen SD @ $7,051.00, Stan Houston, Sioux Falls SD @ $6,524.00. All members present voting aye. Motion carried.

EXECUTIVE SESSION:

Moved by Sutton, seconded by Wiese to go into executive session to discuss possible litigation with Kim Dorsett and Mary Worlie in attendance. All members present voting aye. Motion carried.

The Chairman declared the executive session closed, with the following action taken as a result of the discussion.

APPEAL 3M COMPANY VALUATION:

Moved by Wiese, seconded by Elliott to authorize Kim Dorsett, States Attorney file an appeal in Circuit Court on behalf of Brown County contesting OHE (Office of Hearing Examiners) Decision EQ 9-72 3M Company v. Brown County, SD. All members present voting aye. Motion carried.

FAIRGROUNDS LIGHTING DISCUSSION:

John Aman and Kurt Smith requested reinstating $60,000.00 in the 2010 Fairgrounds Budget to fund the lighting project on the land east of the main Fairgrounds. Board concurred.

LETTER OF SUPPORT:

Moved by Sutton, seconded by Elliott to authorize the Chairman sign letter of support for the Northeast South Dakota Rural Broadband (NESDRB) initiative. All members present voting aye. Motion carried.

RECESS:

The Chairman declared the Commission recessed until August 18, 2009.

Maxine Taylor – Brown County Auditor

Published once at the total approximate cost of $_______.