APRIL 21, 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 and Wiese. Absent Commissioner Sutton.
MINUTES:
Moved by Elliott, seconded by Wiese to approve the General Meeting minutes of
April 14, 2009 and the Consolidated Board of Equalization Meeting minutes of
April 14, 2009. All members present voting aye. Motion carried.
CLAIMS:
Moved by Wiese, seconded by Hansen to approve the following claims:
Supplies: West Payment Center..$1221.22, Language Lines..$179.80, Office
Equip..$90.10, Wooden Mallet..$4200.00, Crutial Tech..$420.89, Wright & Sudlow..$612.59,
House of Glass..$140.72, SDACO..$300.00, Best Business..$228.42, Galls..$163.07,
Graham Tire..$28.00, Plaza Pharm..$4.00, Evercom..$3500.00, Custom
Micro..$6000.00, DT Pharm..$720.46, Hagan Ins..$350.00, Pomps Tire..$79.80, HF
Jacobs..$7875.36, Howes Oil..$11,582.25, Freys Elec..$184.65, Custom
Glass..$682.19, Carquest..$1139.57, Ramkota..$246.00, Advanced Auto..$10.89,
Kleins..$13.93, Ameripride..$98.46, Sherri Rawstern..$99.28, Service
Signs..$2750.00, Walmart..$65.96, Runnings..$41.98, Macs..$40.29,
SD-NEAFCS..$50.00, Dakota Electronics..$1579.65, Brown County..$125.36, RPP
Containers..$1621.60, Americinn..$371.94, Harvin Schlosser..$198.00, Olympic
Sales..$650.00, Susan Fluke..$70.00, Howard Olson..$70.00, Visa..$371.63,
Florida Micro..$2167.64:
Professional Fees: Avera St Lukes..$2792.00, Sheriff of Yankton County..$25.00,
Lewis & Clark BHS..$568.00, Language Lines..$90.11, Zachary Kern..$300.00, Avera
Queen of Peace..$53.50:
Publications: Aberdeen American News..$2027.04, Groton Indep..$244.89:
Travel: Mike Wiese..$58.58, Kathy Fischer..$127.65, Gene Loeschke..$62.16, Carol
Sherman..$22.30, City of Groton..$128.39, Markcus Selzler..$35.00, Casey
Jensen..$35.00, Richard Breitag..$35.00, Extension Service..$272.70, Troy Knecht..$86.58,
Roger Johnson..$41.19, Nyle Jensen..$9.00:
Utilities: Alltel..$366.99, Northwestern Energy..$2561.87, Northern
Elec..$1541.59, City of Hecla..$137.28, Dependable..$144.50, City of
Aberdeen..$237.04, Qwest..$4051.43, Bureau of Admin..$466.46:
Care of Poor: Dr/Hospital –3 recipients..Orthopedic Surgery Spec..$29.71,
OB/GYN..$858.59, Dental Center..$69.00; Rent - 4 recipients..Zumbaum
Property..$240.00, GPHC..$260.00, Dallas Niederbaumer..$114.00, Lonnie
Frost..$260.00; Utilities – 2 recipients..Northern Elec..$189.16, NW
Energy..$280.00. All members present voting aye. Motion carried.
PERSONNEL:
Moved by Wiese, seconded by Elliott to acknowledge resignation of Amber Crouch,
effective April 23, 2009. All members present voting aye. Motion carried.
Moved by Wiese, seconded by Elliott to approve hiring Derek Kiefer as a full
time Correctional Officer in the Jail, effective April 20, 2009 at $12.52 per
hour. All members present voting aye. Motion carried.
SHERIFF REPORTS:
Moved by Hansen, seconded by Elliott to approve the following March 2009 Sheriff
Reports: Incidents and offenses; Prisoner care, JDC, Money deposited with the
County Treasurer and Monthly activities. All members present voting aye. Motion
carried.
COUNTY RANGELAND FIRE PROTECTION:
Commissioner Hansen offered the following Resolution:
RESOLUTION #25-09
RANGELAND FIRE PROTECTION
WHEREAS, SDCL 41-20-8.1 authorizes the South Dakota Wildlife Coordinator to
assist in fighting range fires throughout the State, but only if a county
submits a formal request; and
WHEREAS, Brown County appoints individuals periodically and submits a County
Designee Report annually to the SD Department of Agriculture for the purpose of
rangeland fire suppression assistance.
NOW, THEREFORE BE IT RESOLVED, that the Brown County Commission name the
following designees, as authorized by SDCL 41-20-8.1 for purpose of requesting
assistance from the SD Wildlife Coordinator in fighting rangeland fires in Brown
County: Tom Fischbach, Scott Meints and Rochele Moser.
Seconded by Commissioner Elliott. Roll call vote: Commissioners Hansen-aye,
Elliott-aye, Sutton-absent, Wiese-aye, Fischbach-aye. Resolution adopted.
CHEMICAL CONTRACTS:
Moved by Hansen, seconded by Elliott to approve and authorize the Chairman to
sign contract agreements with Van Diest Supply Company, Hefty Seed Company and
Performance Ag for furnishing and delivery of chemical to the Weed Department,
effective April 7, 2009 – November 30, 2009. All members present voting aye.
Motion carried.
SDDOT WEED CONTROL CONTRACT:
Moved by Wiese, seconded by Hansen to approve and authorize the Chairman sign
agreement with the SD DOT for the County to furnish the necessary equipment,
material and labor to control the growth of declared noxious weeds within the
right-of-way of state routes as designated in agreement, effective May 1, 2009 –
October 15, 2009. All members present voting aye. Motion carried.
BID – LANDFILL FENCE PROJECT:
Moved by Hansen, seconded by Elliott to authorize advertising public hearing to
open, read and consider bids for the Landfill Fence Project, to be held in the
Commissioner’s Chambers, Courthouse Annex, Brown County, SD at 9:30 a.m. on May
12, 2009. All members present voting aye. Motion carried.
LANDFILL CLOSED PRE-SUBTITLE D ASSESSMENT:
Moved by Wiese, seconded by Hansen to approve and authorize the Chairman sign
Agreement with Leggette, Brashears & Graham, Inc to perform a leachate
assessment of the closed pre-Subtitle D Landfill, in amount not to exceed
$29,407.00. All members present voting aye. Motion carried.
AGREEMENT AMENDMENT:
Moved by Hansen, seconded by Wiese to approve and authorize the Chairman to sign
Amendment #1 to the Agreement for Professional Services with Helms and
Associates for the Brown County Landfill Expansion Project to amend Attachment
“A” 2009 Schedule of Hourly Rates and Charges commencing January 2, 2009 through
December 31, 2009. All members present voting aye. Motion carried.
HOSPITAL CLAIMS:
Moved by Wiese, seconded by Hansen to deny payment of the following hospital
claims: 38 year old female @ $8,272.34, 34 year old male @ $35,552.50, 39 year
old male @ $4,937.00, 55 year old female @ $9,850.17, as the individuals have
not provided sufficient information to determine if indigent. All members
present voting aye. Motion carried.
TOWING SERVICE DISCUSSION:
The gentleman who made an appointment to discuss the towing service group used
by the Communications Center did not attend.
AWARD BID – BELLY PUP TRAILER:
Moved by Hansen, seconded by Elliott to award bid, submitted by Diesel Machinery
for one 2009 Ranco 4-axel Belly Pup Trailer for the Brown County Highway
Department in amount of $47,880.00; rejecting the following: JD Evans @
$52,707.00, Sheehan Mack @ $43,256.00 (did not meet Item B specs), Wallwork
Truck @ $46,460.00 (did not meet Item A, B, C or D specs). All members present
voting aye. Motion carried.
AWARD BID – SEMI TRACTOR:
Moved by Elliott, seconded by Wiese to award bid, submitted by Sheehan Mack for
one 2010 Mack CXU613 Semi Tractor for the Brown County Highway Department in
amount of $89,478.00 with PTO option in additional amount of $3,196.00;
rejecting the following: Crawford Trucks @ $99,520.00, Sheehan Mack @
$91,869.00, Wallwork Truck @ $101,535.00. All members present voting aye. Motion
carried.
MAXIMUM WEIGHT LIMITATION ON BRIDGES:
Commissioner Wiese offered the following Resolution:
RESOLUTION #26-09
WHEREAS, SDCL 32-22-47 authorizes the board of county commissioners to erect and
maintain at a point on the right-of-way and within one hundred feet of both
entrances to any bridge and may, where they deem necessary, erect and maintain
at the nearest intersection in each direction from any bridge, upon any public
highway which it is the duty of the boards to maintain and repair, a conspicuous
sign in large numerals, the maximum weight of any vehicle, laden or unladen,
which may enter upon or cross over such bridge, and
WHEREAS, SDCL 32-22-50 authorizes any peace officer having reason to believe
that the weight of a vehicle and load is unlawful is authorized to weigh the
same.
NOW, THEREFORE BE IT RESOLVED by the Brown County Commission, pursuant to SDCL
32-22-34 the following bridges shall be posted with the maximum weight of any
vehicle, laden or unladen, which may enter upon or cross over such bridge, and
FURTHER, BE IT RESOLVED, pursuant to SDCL 32-22-50 the Brown County Commission
requests the South Dakota Department of Public Safety and the South Dakota
Highway Patrol to enforce any and all bridge weight limits as posted.
Seconded by Commissioner Elliott. Roll call vote: Commissioners Hansen-aye,
Elliott-aye, Sutton-absent, Wiese-aye, Fischbach-aye. Resolution adopted.
SEASONAL LOAD LIMIT EXTENSION:
Commissioner Wiese offered the following Resolution:
RESOLUTION #27-09
WHEREAS, SDCL 32-22-24 authorizes the proper authority to establish maximum axle
and axle group loadings during the period of each year from February fifteenth
to April thirtieth, inclusive, and
WHEREAS, that authority may be exercised without formal resolution if the
highway authority erects or causes to be erected and maintained signs
designating the restrictions; and
WHEREAS, if highway and climatic conditions warrant, the proper highway
authority may extend the time period mentioned by ordinance or resolution.
NOW, THEREFORE BE IT RESOLVED, that the Brown County Commission, per SDCL
32-22-24 extends the seasonal load restrictions established by the Brown County
Commission in regular session on March 3, 2009 (6-ton per axle and 40 MPH for
trucks) from April 30, 2009 to May 31, 2009, inclusive or until roads become
stable.
FURTHER, BE IT RESOLVED that the Brown County Commission requests the South
Dakota Department of Public Safety and the South Dakota Highway Patrol to
enforce any and all weight limits for the extended period of time.
Seconded by Commissioner Hansen. Roll call vote: Commissioners Hansen-aye,
Elliott-aye, Sutton-absent, Wiese-aye, Fischbach-aye. Resolution adopted.
HIGHWAY UPDATE:
Jan Weismantel, Highway Superintendent discussed County Road 27 culvert repair;
monitoring for flood damage; use of county vehicle by Mark Wendt (will track
personal miles driven for tax purposes); vacation benefits for salaried
personnel.
RECESS:
The Chairman declared the Commission recessed until April 28, 2009.
Maxine Taylor – Brown County Auditor