JULY 28, 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 Sutton and Wiese.  Absent Commissioners Hansen and Elliott.

MINUTES:

Moved by Wiese, seconded by Sutton to approve the General Meeting minutes of July 21, 2009.  All members present voting aye.  Motion carried.

CLAIMS:

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

Supplies: Ramkota $350.00, West Payment Center $1221.22, Office Equip $40.25, Interior Design $55.59, Gardner Locksmith $81.92, Heartland Paper $677.87, Visa $506.92, Galls $565.03, Ray Allen Mfg $489.80, Ultramax $147.84, Aberdeen Ins Agency $75.00, Hoven Auto $27.00, Velvet Uniforms $165.85, Exec Mgmt $4302.20, Midwest Rubber Stamp $54.50, Lippincott $47.90, Best Business $164.14, Double D $100.00, State Radio $1800.00, Sec of State $7.00, DT Pharm $463.12, Groton Vet $36.50, Hagan Ins $214.00, Share Corp $147.40, Serocki $189,744.26, RBE Elec $302.71, N Central Farmers Elev $1806.62, Louie’s Service $1002.54, Lien Trans $175,880.49, Lawson Products $377.96, Howes Oil $10,167.60, NADRIC $1666.67, Heartland Paper $709.35, Menards $130.58, Dacotah Prairie Museum $15.00, Runnings $86.40, Carquest $5.27, Farnams $18.59, GCR Tire $14.00, Evergreen $23.80, Farm Power $21.30, Pizza Ranch $415.91, Horticulture $14.95, Van Diest $6180.60, Northern Elec $99,375.00, Bureau of Info $2400.00, Kimball & Assoc $1350.00, Aberdeen C&F $7741.50, Walmart $873.82, Lar-Jos $487.50, Geffdog $1280.64, Beadle Floral $1960.00, Warner Library $750.00, DSS Image Apparel $129.65:

Professional Fees: Avera St Lukes $6027.95, Dakota Imaging $81.50, Cathy Rehfuss $15.00, Donna Dietrich $137.64, Norma Andersen $15.00, Kristi Spitzer $400.00: 

Publications:  American News $614.42, Dakota Press $868.26, Groton Indep $511.66:

Transcriptions: Kristi Kost $37.20: 

Court Appointed Attorney: Randy Turner $5458.33, Christy Serr $5458.33, Gina Rogers $5208.33, Kuck Law Office $5208.33, David Hosmer $91.32: 

Utilities: Alltel $3040.85, Northwestern Energy $4906.77, Midcontinent Comm $296.67: 

Care of Poor: Dr/Hospital - 2 recipients-Avera St Lukes $3865.19; Rent - 6 recipients-Danne $120.00, Mary Hofemann $225.00, White House Inn $682.50; Transportation – 3 recipients-Brown County Hwy $26.31, Jefferson Lines $358.00; Utilities – 3 recipients-NW Energy $840.00; Insurance  – 1 recipient-Anthem Blue Cross/Blue Shield $376.06.  All members present voting aye.  Motion carried.

PERSONNEL:

Moved by Moved by Wiese, seconded by Sutton to approve hiring Matthew Weidner as part-time JDC Corrections Officer, effective August 19, 2009 at $10.48 per hour.  All members present voting aye.  Motion carried.

Moved by Sutton, seconded by Wiese to approve hiring Arden Gerald Raap as seasonal employee at the Highway Department, effective July 29, 2009 at $9.41 per hour.  All members present voting aye.  Motion carried.

LOTTERY APPLICATION:

Moved by Sutton, seconded by Wiese to approve application, submitted by Adjustment Training Center Foundation Inc for raffle to be held at the Brown County Speedway on July 10, 11 & 31, 2009 and at the Brown County Fair on August 17, 18 & 23, 2009.  All members present voting aye.  Motion carried. 

RACE TRACK ADDENDUM NO. 1:

Moved by Sutton, seconded by Wiese to approve and authorize the Chairman to sign First Addendum to lease agreement for the Brown County Raceway with Jamie Naasz DBA Brown County Speedway, to allow the following racing event: Monster Truck Event on August 1, 2009, with balance and remainder of lease agreement remaining unchanged and in full force and effect.  All members present voting aye.  Motion carried.

OPERATING TRANSFER:

Moved by Wiese, seconded by Sutton to approve an operating transfer from General Fund #101-191-911 to 24/7 Fund #248-371 in amount of $26,332.00 (revenue and cash January – June 2009). All members present voting aye.  Motion carried.

WELFARE GUIDELINES AMENDED:

Commissioner Sutton offered the following Resolution:

RESOLUTION NO. 42-09

WHEREAS, Title 2, Second Revision of Brown County Ordinances, as amended, requires the Brown County Commission, by resolution, to adopt rules, regulations and appendixes necessary for the implementation of a County Welfare Program, in accordance with SDCL 28-13; and

WHEREAS, the Brown County Commission adopted the Brown County Welfare Guidelines by Resolution No. 4-98, dated January 6th 1998; amended by Resolution No. 2-06, dated April 4, 2006; amended by Resolution No. 24-08, dated March 18, 2008, and

WHEREAS, it is deemed necessary and in the best interest of the residents of Brown County to amend Appendix A Income Eligibility/Determination Tests – Poverty Guidelines.

NOW, THEREFORE BE IT RESOLVED that Appendix A Income Eligibility/Determination Tests – Poverty Guidelines be amended as follows:

Poverty Guidelines

Family Size Monthly  

10   3,709

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

Commissioner Sutton offered the following Resolution:

RESOLUTION NO. 43-09

WHEREAS, Title 2, Second Revision of Brown County Ordinances, as amended, requires the Brown County Commission, by resolution, to adopt rules, regulations and appendixes necessary for the implementation of a County Welfare Program, in accordance with SDCL 28-13; and

WHEREAS, the Brown County Commission adopted the Brown County Welfare Guidelines by Resolution No. 4-98, dated January 6th 1998; amended by Resolution No. 2-06, dated April 4, 2006; amended by Resolution No. 25-08, dated March 18, 2008, and 

WHEREAS, it is deemed necessary and in the best interest of the residents of Brown County to amend Appendix B Housing Assistance.

NOW, THEREFORE BE IT RESOLVED that Appendix B Housing Assistance be amended as follows:

The maximum rental supplement per household per month shall not exceed the following, including utilities:

1 Person Household, $260 (monthly rent)

2 Person Household, $280 (monthly rent)

3 Person Household, $300 (monthly rent)

4 Person Household, $320 (monthly rent)

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

GROTON AREA FIRE PROTECTION DISTRICT:

Moved by Sutton, seconded by Wiese to appoint Rodney Kappes and Harlan Radke Jr to serve as Board Members for the Groton Area Fire Protection District.  All members present voting aye.  Motion carried.

DAMAGE SETTLEMENT ROAD #20:

Moved by Wiese, seconded by Sutton to approve and authorize the Chairman to sign Release of Damage Claims for all damages to date, which occurred on Brown County Road #20 upon receipt of $11,185.73 from Keystone Pipeline Company.  All members present voting aye.  Motion carried.

EXECUTIVE SESSION:

Moved by Sutton, seconded by Wiese to go into executive session for personnel discussion with Jan Weismantel and Kim Dorsett in attendance.  All members present voting aye.  Motion carried.

The Chairman declared the executive session closed, with no action taken as a result of the discussion.

RESCIND MOTION:

Moved by Sutton, seconded by Wiese to rescind the following motion and purchase the equipment with general Road and Bridge Funds: Moved by Sutton, seconded by Wiese to approve the purchase of a 1979 Snow Blower SN 20357 Decal #580 from SD Federal Surplus and further to utilize Snow Emergency Funds in the Highway Fund #201 in amount of $17,500.00”.  All members present voting aye.  Motion carried.

PLATS:

Commissioner Sutton offered the following Resolution:

RESOLUTION #44-09

BE IT RESOLVED by the Board of County Commissioners of Brown County, SD that the plat showing “Nash Subdivision in the NE ¼ and NW ¼ of Sec 32-T121N-R64W 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-absent, Elliott-absent, Sutton-aye, Wiese-aye, Fischbach-aye.  Resolution adopted.

Commissioner Sutton offered the following Resolution:

RESOLUTION #45-09

BE IT RESOLVED by the Board of County Commissioners of Brown County, SD that the plat showing “Corrective Plat of Nash Conservation Easement Tract 1 in Lot 1 of Nash Subdivision and NW ¼ of Sec 32-T121N-R64W 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-absent, Elliott-absent, Sutton-aye, Wiese-aye, Fischbach-aye.  Resolution adopted.

Commissioner Sutton offered the following Resolution:

RESOLUTION #46-09

BE IT RESOLVED by the Board of County Commissioners of Brown County, SD that the plat showing “Doug Hinrichs Subdivision in Hinrichs Conservation Easement Tract 3 in the NE ¼ Sec 6-T125N-R60W 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-absent, Elliott-absent, Sutton-aye, Wiese-aye, Fischbach-aye.  Resolution adopted.

Commissioner Sutton offered the following Resolution:

RESOLUTION #47-09

BE IT RESOLVED by the Board of County Commissioners of Brown County, SD that the plat showing “Bierman-Nash Subdivision in the NW ¼ of Sec 32-T121N-R64W 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-absent, Elliott-absent, Sutton-aye, Wiese-aye, Fischbach-aye.  Resolution adopted.

USE OF PARKING LOT:

Moved by Sutton, seconded by Wiese to temporarily close the Brown County Parking Lot north of the Dacotah Prairie Museum to parking on August 29, 2009 in conjunction with Sizzlin’ Summer Nights, as requested by Georgia Smith, Aberdeen Downtown Association.  All members present voting aye.  Motion carried.

EASEMENT:

Moved by Wiese, seconded by Sutton to approve and authorize the Chairman sign perpetual right of way easement with Northern Valley Communications, LLC (NVC) to install and service telecommunication cables and telecommunication cabinet with appurtenances thereto on Brown County property located in the SW ¼ Sec 1-T123N-R64W of the 5th P.M., Brown County, SD.  All members present voting aye.  Motion carried.

RECESS:

The Chairman declared the Commission recessed until August 4, 2009.

Maxine Taylor – Brown County Auditor

Published once at the total approximate cost of $110.60.