APRIL 2, 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 Elliott, Wiese and Fischbach.
Absent Commissioners Hansen and Sutton.

MINUTES:
Moved by Wiese, seconded by Elliott to approve the Joint City/County Meeting Minutes of March 23, 2009 and the General Meeting Minutes of March 24, 2009. All members present voting aye. Motion carried.

CLAIMS:
Moved by Wiese, seconded by Elliott to approve the following claims:
Payroll: Commissioners...$3,110.60; Auditor...$7,639.22; Treasurer...$10,614.24; Data Processing...$3,400.62; State’s Attorney...$13,113.86; Stop Loss Grant-SA …$1,421.05; Maintenance...$5,626.44; Assessor...$9,857.66; Planning & Zoning..$2,140.80; Register of Deeds...$6,311.84; Veterans Service Office...$3,106.99; GIS...$1,921.93; Sheriff...$72,669.93; Communications…$16,507.10; Welfare...$3,223.80; Museum...$5,716.52; Fair board...$2,072.73; Fairgrounds & Parks...$3,582.10; Extension...$2,028.80; Weed...$117.76; E&D...$2,873.62; Teen Court...$616.45; Highway...$32,765.07; Landfill...$8,292.26; Matching Benefits: FICA...$12,869.04; Medicare...$3,009.72; Wellmark BCBS Life..$707.87; Delta Dental..$4,645.20; Wellmark BCBS Health..$67,770.24; SD State Retirement..$26,707.49
Supplies: Exec Mgmt..$3186.91, Dept of Rev..$1976.00, Cunningham Elec..$91.09, Central Supply..$422.30, Midwest Alarms..$199.50, Nelson Sales..$50.00, Runnings..$288.64, Wm MacGill..$83.31, Ultramax..$1110.00, Velvet Uniforms..$659.16, ProHydro Testing..$31.20, Schwan Welding..$15.00, New Trends..$61.78, John VanderHoek..$200.00, Hoven Auto..$45.56, Exhaust Pros..$28.45, D&L Diesel..$400.00, Quality Welding..$44.10, Taylor Laundry..$45.50, SDDOT..$53,624.83, SD Asphalt Conf..$300.00, House of Glass..$4.37, Helms..$1050.00, Am Assoc of State & Local History..$22.50, Dacotah Prairie Mercantile..$6.75, Walmart..$44.34, Ken’s Superfair Foods..$21.49, Academy Trophy..$5.00, SD Baskets Unlmt..$93.72, Geffdog..$1022.90, Bricks Propane..$14.00, LBG..$6544.94, Aberdeen C&F..$14.00, Racom..$88.20, Dakota Electronics..$53.10, Danko..$34.45, Pepsi..$45.00, Scott Madsen..$81.60, Kyle Moser..$17.06, Visa..$2239.95, HF Jacobs..$193.25, Artz Camera..$239.70, Best Business..$94.84, Florida Micr..$515.16,
Professional Fees: Sheriff of Grand Forks County..$56.00, State Dept of Health..$60.00, witness fees..$20.00, Dakota Imaging..$100.81, Sanford Clinic..$51.08, Avera St Lukes..$564.41, NADRIC..$1666.67,
Publications: Aberdeen American News..$1299.36, Groton Indep..$284.91,
Transcriptions: Kristi Kost..$30.60, Cheryl Hook..$364.80, McClanahan Court Reporting..$51.45, Tammy Erickson..$75.90,
Court Appointed Attorney: Christy Serr..$5458.33, Randy Turner..$5458.33, Kuck Law Office..$5208.33, Gina Rogers..$5208.33,
Travel: Governors Inn..$65.00, Jodi Brown..$1331.78, Darin Vilhauer..$80.00, Gary Erickson..$247.29, Bonnie Siebrecht..$118.40, Nyle Jensen..$43.00, Don Fischer..$43.00, Mike Scott..$43.00, Wm Meink..$23.68,
Utilities: NW Energy..$9142.47, Qwest..$46.56, Midcontinent Cable..$238.48, Alltel..$5441.04, Northern Elec..$100.00, WEB Water..$25.00,
Care of Poor: Dr/Hospital – 7 recipients..Anesthesia Care..$864.00, Dental Center..$503.00, Aberdeen Family Phys..$886.36, Avera St Lukes..$7295.12, Dakota Imaging..$181.44; Burial - 1 recipient..Schrivers Mortuary..$1200.00; Rent - 5 recipients..Dakota Lodging..$160.04, Richard Bakken..$177.00, Matthew Vogel..$260.00, Randall Weber..$240.00, Peter Andrew..$120.00; Insurance – 2 recipients..ARC..$375.67, Wellmark BC/BS..$422.42. All members present voting aye. Motion carried.

PERSONNEL:
Moved by Wiese, seconded by Elliott to approve the following employee step increases, effective April 5, 2009: Jo Forsting @ $13.61 per hour, Judy Dosch @ $17.94 per hour, Roger Johnson @ $13.47 per hour (highway). All members present voting aye. Motion carried.

WEED BOARD:
Moved by Elliott, seconded by Wiese to appoint Duane Jark to the Brown County Weed and Pest Board, effective March 31, 2009 – March 31, 2012. All members present voting aye. Motion carried.

INDIGENT COUNSEL AGREEMENT - AMENDED:
Moved by Wiese, seconded by Elliott to approve and authorize the Chairman sign Amendment to the Indigent Counsel Agreement with Randall B Turner, Christy Serr, Scott Kuck, William Gerdes and Gina Rogers, effective January 1, 2008 – December 31, 2009; removing William Gerdes and re-assigning case load and reapportioning monetary share to remaining Attorneys in contract. All members present voting aye. Motion carried.

AIR QUALITY PERMIT:
Moved by Elliott, seconded by Wiese to approve and authorize the Chairman sign Application for Air Quality Permit for the Brown County Landfill from the SD Department of Environment and Natural Resources. All members present voting aye. Motion carried.

CHEMICAL BIDS:
Time and place, as advertised to open, read and consider bids for furnishing and delivery of chemical for the Brown County Weed and Pest Board for 2009. Bids were received from VanDiest Supply Company, Pierre, SD; Hefty Seed Company, Aberdeen, SD; and Performance Ag, Aberdeen, SD. Moved by Wiese, seconded by Elliott to refer bids to Brown County Weed and Pest Supervisor for tabulation and recommendation. All members present voting aye. Motion carried.

MALT BEVERAGE HEARING:
Moved by Elliott, seconded by Fischbach to approve application for a Malt Beverage License: Daniel R Napton DBA 281 Roadhouse., 601 4th St, Frederick, SD 57441 at 10695 386th Ave, Frederick, SD 57441, contingent upon meeting all requirements and receiving fees by April 7, 2009. Roll call vote: Commissioners Elliott-aye, Wiese-nay, Fischbach-aye. Motion carried.

CARD FEE:
Tom Schmitt met with commission to discuss annual credit card business fee. Various companies will be contacted as to their policy concerning annual business account fees.

BID REJECT – MOTOR GRADER:
Motion by Wiese, seconded by Elliott to reject all bids opened March 17, 2009 for one new 2009 Articulated Motor Grader for the Brown County Highway, as specifications did not meet the needs of Brown County. All members present voting aye. Motion carried.

RE-BID MOTOR GRADER – SET DATE:
Moved by Wiese, seconded by Elliott to authorize advertising public hearing to open, read and consider bids for one new 2009 Articulated Motor Grader for the Brown County Highway, to be held in the Commissioner’s Chambers, Courthouse Annex, Brown County, SD at 8:45 a.m. on May 5, 2009, with amended specifications to better meet the needs of Brown County. All members present voting aye. Motion carried.

HIGHWAY UPDATE:
Jan Weismantel, Highway Superintendent, discussed the following: 1) Bridge 172; 2) NWPS gas line in center of County 14W with Mike Williams of NWPS in attendance; 3) Repair to NWPS electric line poles by County 18; 4) Overtime due to flooding beginning in May.

AIRCRAFT LANDING PERMIT:
Moved by Wiese, seconded by Elliott to deny blanket request to land aircraft on all Brown County Highways, submitted by Dakota Airspray, Inc. All members present voting aye. Motion carried.

SURPLUS:
Motion by Wiese, seconded by Elliott to declare a used pressure washer, Decal #1920 2001 Allied Model 2000-5GT surplus property for trade in on new pressure washer from Palmer Distributing in Aberdeen. All members present voting aye. Motion carried.

BRIDGE:
Chris and Wendy Mehlhaff, David Peldo, John Kippley and Jan Weismantel discussed condition of Gunderson Bridge near Westport due to flooding.

COMMUNICATIONS DEPARTMENT:
John McQuillen, Communications Director, discussed need for a study to develop plan to follow future mandated guidelines for the Brown County Communications Center. Will present commission with a proposal for a Communications Health Check.

FSA LOSS ASSESSMENT:
Moved by Elliott, seconded by Wiese, to approve chairman sign loss assessment report submitted by Farm Services Agency. All members present voting aye. Motion carried.

FLOOD UPDATE:
Scott Meints, Emergency Management Director, discussed effects of flooding on Brown County and presented Resolution for Declaration of Emergency/Disaster.

DISASTER DECLARATION – 2009 FLOOD:
Commissioner Wiese offered the following Resolution:

RESOLUTION NO. 24-09
RESOLUTION FOR DECLARATION OF EMERGENCY/DISASTER

WHEREAS, Brown County, SD has suffered severe damage, brought on by Flooding starting on the date of March 23, 2009; and

WHEREAS, Brown County has committed all available resources and taken all possible actions within
the jurisdictional boundaries to combat and to alleviate the emergency/disaster, local resources are not
adequate to cope with the situation.

NOW, THEREFORE BE IT RESOLVED by the Brown County Commission at a regular meeting held on April 2, 2009, it is hereby requested that the Governor declare an emergency/disaster to exist in the County of Brown.

Seconded by Commissioner Elliott. Roll call vote: Commissioners Elliott-aye, Wiese -aye. Fischbach-aye. Resolution adopted.

LANDFILL LAND LEASE CONTRACTS:
Moved by Wiese, seconded by Elliott to authorize chairman sign Land Lease contracts for land east and west of Landfill. All members present voting aye. Motion carried.

ABATEMENTS:
Moved by Elliott, seconded by Wiese to approve the following Abatements: Mertz Farms @ $72.80; Achen Farms @ $218.40; Howard Olson Jr. @ $70.00; Gordon Schmidt @ $72.80; Sperry Farms @ $72.80; James Sperry @ $72.80; Jason Sattler @ $72.80; Becky Fjelstad @ $72.80; Susan Fluke @ $70.00; Chad Lehman @ $72.80; Dan Cutler @ $41.60; Glenn Ringgenberg @ $72.80. All members present voting aye. Motion carried.

ADJOURNMENT:
Moved by Wiese, seconded by Elliott to adjourn the Brown County Commission. All members present voting aye. Motion carried.

Jan Beckler - Deputy Brown County Auditor