AUGUST 25, 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 Hansen, seconded by Wiese to approve the General Meeting minutes of August 18, 2009. All members present voting aye. Motion carried.

CLAIMS:

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

Supplies: Howes Oil $16,452.60, GCC Ready Mix $2,109.00, Frey’s Electronics $4,287.19, Farnams Genuine Parts $143.03, LG Everist $1,519.83, Violet Dinger $775.80, Best Business Products $398.46, The Ace Group LLC $1698.00, North Pine Aggregate $42,788.80, Hula Design $6,300.00, Aberdeen Township $2,327.70, Crescent Electric $132.12, Heartland Paper $151.49, Court Street Lighting $34.76, Menards $83.51, SDACO $40.00, DPM Petty Cash $36.79, Sherri Rawstern $292.32, Aberdeen Downtown Association $250.00, Natural Abundance $5.79, Lora Schaunaman $8.03, Lacey Costume Wig $81.50, Naomi Even $7.41, AltaMira Press $156.00, Sherwin Williams $33.48, Devnet $11478.00, Gardner Locksmith $105.63, Kendell Titze $20.01, Share Corp $294.80, Serocki Excavating $36114.61, Northstar Safety $55.68, Newman Traffic Signs $1202.75, Louies Service $691.64, Lawson Products $69.66, Huron Culvert & Tank $71636.49, Academy Trohpy $36.00, Moore Medical Supply $75.00, Graham Tires $116.30, DSS Image Apparel $239.50, Taser $809.95, Otis Elevator $780.00, SD Drug Control Fund $45.00, Bill Daschle $100.00, Richard Hansen $31.52, Kesslers $27.22, Subway $53.77, NADRIC $1666.67, McLeods Printing $88.38, Danko Emergency Equipment Co $3504.64, Landmark Commission $1000.00, OfficeMax $377.78, UPS $10.56, Aberdeen Plumbing $167.49, Firestone $13.00, GovConnection Inc $3008.61:

Professional Fees: LBG, Inc $9,700.93, Brown Co Treasurer $1290.26, Lewis & Clark BHS $852.00, Avera St. Lukes $698.00, Red River Pedal Pulls $485.00, Fae Dayton $300.00:

Publications: Ad Department $61.75, American News $253.78:

Court Appointed Attorney: Yankton County $311.25, Mikelson Law Office $292.44, Kuck Law Office $5208.33, Gina Rogers $5208.33, Christy Serr $5458.33, Chris Dohrer $5458.33:

Travel: SDAAO $50.00, City of Groton $98.79, SDACC $1440.00:

Utilities: Alltel $362.69, Aberdeen City Treasurer $242.34, Midcontinent Communications $100.34, Qwest $2007.88, Northern Electric $100.00:

Care of Poor: Dr/Hospital – 10 recipients- Dental Center $49.00, Avera St Lukes $1221.40, Sanford Clinic $41.53, Dental Center $174.00; Rent - 9 recipients- Diane Dumire $320.00, Tom Hinz $225.00, White House Inn $909.00, Wanzek Family LTD $169.00; Transportation – 1 recipients – Brown County Highway Dept $43.13; Utilities – 4 recipients - Northern Electric Cooperative $320.00, City of Aberdeen $100.00, NW Energy $765.11. All members present voting aye. Motion carried.

PERSONNEL:

Moved by Wiese, seconded by Elliott to approve an unpaid leave of absence from August 30 to November 20, 2009, as requested by Charles Tveit, per Brown County Policy 6.5. All members present voting aye. Motion carried.

Moved by Sutton, seconded by Wiese to approve hiring Cindy Reinbold as blood draw tech, effective August 19, 2009 at $35.00 per draw. All members present voting aye. Motion carried.

JOINT CITY/COUNTY MEETING:

The joint meeting of the Brown County Commission and the Aberdeen City Council has been rescheduled for 8:45 A.M. on September 1, 2009 in the County Commission Chambers, 25 Market Street, Aberdeen, SD.

DISCRETIONARY FORMULA:

Moved by Sutton, seconded by Wiese to approve Discretionary Formula, as requested by Basin Electric Power Cooperative and NorthWestern Corporation, as companies are centrally assessed by the SD Department of Revenue. All members present voting aye. Motion carried.

DISASTER DECLARATION:

Commissioner Wiese offered the following Resolution:

RESOLUTION #51-09

RESOLUTION FOR DECLARATION OF EMERGENCY/DISASTER

WHEREAS, Brown County, South Dakota has suffered severe damage, brought on by extended flooding and excessive precipitation during the months of March through August in the James, Elm, and Maple Rivers, and the Crow Creek and Foote Creek drainage basins;

WHEREAS, this record flooding has not only caused public infrastructure problems, but has also caused severe damage to agricultural land, fences, conservation structures, and a need for debris removal;

WHEREAS, Brown County has committed all available resources and taken all possible actions within the jurisdictional boundaries to combat and to alleviate the disaster, local resources are not adequate to cope with the situation, and help from other sources is needed.

NOW, THEREFORE, BE IT RESOLVED by the Brown County Commission at a regular meeting held on August 25, 2009, it is hereby requested that the Governor declare a Secretarial Disaster Declaration to exist in the County of Brown.

Adopted this 25^{th day of August 2009.}

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

E911 SURCHARGE:

Commissioner Wiese offered the following Resolution:

RESOLUTION #52-09

WHEREAS, Title 11 – Enhanced 911 Emergency Telephone Reporting System, Second Revision Brown County Ordinances, authorizes Brown County to impose a uniform monthly Enhanced 911 emergency surcharge, and

WHEREAS, Title 11, Chapter 11.0103 requires the Brown County Commission to review the current charge and establish, by resolution, a rate of charge to be effective on the next January first, not to exceed the amount authorized.

BE IT RESOLVED that the Brown County Commission establishes a rate of $.75 for each local exchange access line, including cellular and enhanced SRM telephone, effective January 1, 2010.

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

SOLID WASTE SPECIAL ASSESSMENT FEES - 2010

Commissioner Sutton offered the following Resolution:

RESOLUTION #53-09

WHEREAS, Title 3, Solid Waste Management System, Chapter 3.07011 of the Second Revision Brown County Ordinances, effective March 12, 1997, as amended, requires the Board of County Commissioners to establish the Solid Waste Special Assessment fee schedule for the following year, prior to the second Tuesday in September.

NOW, THEREFORE BE IT RESOLVED, that the following Solid Waste Special Assessment fees shall be effective January 1, 2010 through December 31, 2010, for the Brown County Sanitary Landfill:

SOLID WASTE SPECIAL ASSESSMENT FEE SCHEDULE

(Billed with the Real Estate Tax Notice)

Dated this 25th day of August 2009.

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

SW EQUALIZATION NOTICE:

Moved by Sutton, seconded by Hansen to authorize advertising the Solid Waste Special Assessment Equalization Notice. All members present voting aye. Motion carried.

LANDFILL EXPANSION UPDATE:

Mike Scott, Landfill Manager presented Landfill Expansion Project update; waste flow; wood waste grinding; fall free cleanup.

APPLICATIONS FOR OCCUPANCY:

Moved by Wiese, seconded by Elliott to approve application, submitted by Midcontinent Communications for occupancy of Brown County 10 in Sec 13-T122N-R64W of the 5th P.M., Brown County, SD to relocate fiber. All members present voting aye. Motion carried.

Moved by Hansen, seconded by Sutton to approve application, submitted by Midcontinent Communications for occupancy of Brown County 10 in Sec 36-T123N-R64W of the 5th P.M., Brown County, SD to relocate fiber. All members present voting aye. Motion carried.

Moved by Sutton, seconded by Elliott to approve application, submitted by Qwest Corporation for occupancy of Brown County 23 in Sec 3-T121N-R64W of the 5th P.M., Brown County, SD to provide telephone service. All members present voting aye. Motion carried.

AMENDMENT #1 COUNTY ROAD 16 PROJECT:

Moved by Sutton, seconded by Hansen to approve and authorize the Chairman sign Amendment #1 to Agreement #712746 with the SD Department of Transportation to change letting date to FY 2011 for Project P6251(00), PCN 6718 (County Road 16). All members present voting aye. Motion carried.

BRIDGE 031 CHANGE ORDER #1:

Moved by Hansen, seconded by Wiese to approve and authorize the Chairman sign Change Order #1 for Project No. BRF 6599(03) – Bridge 031, Line No. 009 P Class A45 Concrete, Bridge, with no change in completion date or cost of project. All members present voting aye. Motion carried.

PLAT:

Commissioner Sutton offered the following Resolution:

RESOLUTION #54-09

Be It Resolved by the Board of County Commissioners of Brown County, SD, that the plat showing “Gunther Subdivision in the NW ¼ of Sec 31-T128N-R61W of the 5th P.M., Brown County, SD”, having been examined, is hereby approved in accordance with the provisions of SDCL 11-3, and any amendments thereof.

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

BARNARD ROAD:

LeRoy Ham and Dale Engelhart met to ask why the road on the west side of Barnard is being eliminated from the Brown County Highway System. Jan Weismantel, Highway Superintendent, also in attendance stated cost for upkeep and snow removal as the primary reasons for closure. After discussion it was suggested the road be designated a minimum maintenance road. There was no action taken at this time.

PRODUCTIVITY PLAN:

Mary Worlie, Director of Equalization explained her goal to implement productivity plan as efficiently and equitably as possible between August 18, 2009 and March 1, 2010 as the starting point, as it will take years to fully implement. The plan consists of the following: Identify allowable adjustments; Establish neighborhoods; and Meet with township boards and other concerned individuals.

BROADBAND ACCESS:

John McQuillen, Communications Director invited the Commission to attend a meeting September 2, 2009 to discuss regional public safety technology connectivity/interoperability and the possibilities for funding available for improvements in broadband access and usage in the region.

CONDEMNATION OF EASEMENTS FOR ISOLATED TRACTS:

Pursuant to SDCL 31-22 Prairie Hill Farms LLC requested that the Brown County Commission determine a right-of-way easement on property owned by Donald and Dean Weismantel. Commissioners Fischbach, Sutton, Hansen and Elliott conducted a site visit of the land in question. Al Davis, Stacy Johnson, Donald Weismantel, Jim Thares, Mark McNeary, Craig Bonn, Leo Lesher, Gary Vetter and Maxine Taylor were also present. A survey will be completed to satisfy all parties as to the number of isolated acres involved. The Commission took no action at this time.

RECESS:

The Chairman declared the Commission recessed until September 1, 2009

Maxine Taylor – Brown County Auditor

Published once at the total approximate cost of ______.