JUNE 23, 2009 GENERAL MEETING
Meeting called to order by Chairman Fischbach at 8:45 A.M. in the Commissioners 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 June 16, 2009. All members present voting aye. Motion carried.
CLAIMS:
Moved by Sutton, seconded by Wiese to approve the following claims:
Payroll: Commissioners.. .$3,110.60; Auditor.. .$7,578.98; Elections…$383.20; Treasurer.. .$10,618.24; Data Processing.. .$3,431.02; State’s Attorney.. .$12,739.86; Stop Loss Grant-SA …$1,421.05; Maintenance.. .$5,631.84; Assessor.. .$10,029.32; Planning & Zoning.. $1,580.81; Register of Deeds.. .$5,309.44; Veterans Service Office.. .$3,106.99; GIS.. .$1,921.93; Sheriff.. .$70,649.76; Communications…$18,979.58; Coroner.. $450.00; Welfare.. $3,144.20; Museum.. .$5,716.52; Fair board.. .$2,125.17; Fairgrounds & Parks.. .$5,459.77; Extension.. .$2,545.90; Weed.. .$4,641.20; E&D.. .$2,873.62; Teen Court.. .$540.00 Highway.. .$34,907.55; Landfill.. .$9,001.49; Matching Benefits: FICA.. .$13,414.22; Medicare.. .$3,137.19; Wellmark BCBS Life.. $722.94; Delta Dental.. $4,762.80; Wellmark BCBS Health.. $72,105.34; SD State Retirement.. $27,662.65:
Supplies: MilesTek.. $93.45, Tessco.. $325.91, Penny Hart.. $220.30, Software Unltd.. $1654.48, Harvey Oliver.. $77.54, New Trends.. $88.72, Midstates Printing.. $175.00, Office Equip.. $440.62, Heartland Paper.. $507.31, Nelson Sales.. $24.00, Cartney Bearing.. $15.90, McFarland Supply.. $202.88, House of Glass.. $64.20, Vision Bs Prod.. $244.64, Geo Sumption.. $500.00, Spec Mfg.. $188.34, Serocki Excavating.. $34,740.94, Old Dominion.. $832.05, Louie’s Service.. $352.49, Brown County.. $13.00, Artz Equip.. $13,400.00, Sherwin Williams.. $29.54, Dacotah Prairie Museum.. $18.00, Walmart.. $71.78, Sewer Duck.. $419.00, DSS.. $115.80, North Pine.. $76,443.28, L Robert Kimball.. $3604.00, SDACC.. $100.00:
Professional Fees: Safe Harbor.. $500.00, Avera St Lukes.. $2130.00, Cass County Sheriff.. $46.00, Lewis & Clark BHS.. $142.00, Cathy Rehfuss.. $45.00, Donna Dietrich.. $409.92, Marv Ekeren.. $30.00, Nelva Kooistra.. $15.00:
Publications: Aberdeen American News.. $355.53, Groton Indep.. $408.82:
Transcriptions: Neal Reporting.. $187.00, Kristi Kost.. $226.05, McClanahan Reporting.. $177.78:
Court Appointed Attorney: Johnson, Miner, Marlow.. $157.43, Yankton County Tres.. $103.75:
Travel: Extension Service.. $303.02, Jerry Mills.. $574.51:
Utilities: Alltel.. $227.63, NW Energy.. $42.47, Northern Elec.. $286.85, City of Aberdeen.. $2928.10, Qwest.. $2418.98:
Care of Poor: Dr/Hospital – 3 recipients.. Dental Center.. $2444.00, Avera St Lukes.. $2468.33; Rent -2 recipients.. Perry Huber.. $280.00, Danne.. $180.00; Transportation –1 recipient.. Brown County.. $16.05; Medication -1 recipient.. Quarve Drug.. $163.02. All members present voting aye. Motion carried.
PERSONNEL:
Moved by Hansen, seconded by Sutton to approve the following employee step increases, effective June 28, 2009: James Petrich @ $13.69 per hour, Tracy Madsen @ $12.92 per hour, Cindy Eppard @ $11.64 per hour, Melony Flinn @ $14.56 per hour. All members present voting aye. Motion carried.
Moved by Hansen, seconded by Sutton to acknowledge resignation of Randy Kurtz; and further approve hiring Tamara Ketterling as full-time Corrections Officer in the Jail, effective July 1, 2009 at 12.52 per hour. All members present voting aye. Motion carried.
Moved by Sutton, seconded by Hansen to approve hiring Jacie Schley @ $9.95 per hour, Rochele Moser and Terry Serr @ $8.99 per hour, effective August 17 – 24, 2009 at the Brown County Fair Office during the 2009 Brown County Fair. All members present voting aye. Motion carried.
Moved by Hansen, seconded by Elliott to approve hiring Paul J Wipf, effective June 29, 2009 at $14.38 per hour as Mechanic with CDL at the Highway Department. All members present voting aye. Motion carried.
RELIEF LIEN:
Commissioner Hansen offered the following Resolution:
RESOLUTION NO. 35 -09
WHEREAS, Brown County has filed a Poor Relief Lien in total amount of $14,849.52 with a balance of $13,410.00, and
WHEREAS, Brown County has determined it to be in the best interest of the taxpayers to release certain property from the effect of said lien, upon condition that the lien remain filed against the individual and remaining property owned.
NOW, THEREFORE BE IT RESOLVED that the following real property, which is described as follows:
Lots 21 and 22, Block 26, First Addition to Stratford, being a part of the Southwest Quarter (SW ¼) of Section 4, Township 121 North, Range 62 West of the Fifth Principal Meridian, Brown County, South Dakota
is hereby released from the effect and force of said lien, upon condition that the lien shall stay filed against the individual.
Dated this 23rd day of June 2009.
Seconded by Commissioner Elliott. Roll call vote: Commissioners Hansen-aye, Elliott-aye, Sutton-aye, Wiese-aye, Fischbach-aye. Resolution adopted.
MALT BEVERAGE HEARING SET:
Moved by Sutton, seconded by Elliott to authorize advertising public hearing to consider the following application for a Special Retail (On-Off Sale) Malt Beverage License, to be held in the Brown County Commission Chambers, Courthouse Annex at 8:45 a.m. on July 14, 2009: Retail (on-off sale) Malt Beverage License: Groton Chamber of Commerce, PO Box 21 Groton, SD – portion of E ½ E ½ SE ¼ Sec 19-T123N-R60W 1-T123N-R64W and portion of W ½ W ½ SW ¼ Sec 20-T123N-R60W (map indicating specific location on file with application), effective July 17, 18 & 19, 2009. All members present voting aye. Motion carried.
AGREEMENT:
Moved by Sutton, seconded by Hansen to approve and authorize the Chairman to sign cooperative
agreement with Aberdeen School District 6-1 to establish an educational program for youth placed in the Juvenile Detention Center, effective July 1, 2009 through June 30, 2010. All members present voting aye. Motion carried.
LANDFILL EXPANSION PROJECT:
Moved by Elliott, seconded by Sutton to approve and authorize the Chairman sign Payment Request #5 in amount of $76,443.28 for the Brown County Landfill Expansion Project. All members present voting aye. Motion carried.
GRANT APPLICATION – EECBG:
Moved by Elliott, seconded by Hansen to approve and authorize Brown County Auditor Maxine Taylor sign application and other documentation for U S Department of Energy Recovery Act – Energy Efficiency and Conservation Block Grant #DE-FOA-0000013 in amount of $50,000.00 (no local match required) for purpose of performing energy efficiency retrofits (window replacement in Courthouse Annex and heating/cooling unit replacement at the Dacotah Prairie Museum. All members present voting aye. Motion carried.
Moved by Elliott, seconded by Hansen to designate Maxine Taylor, Brown County Auditor to apply for and receive funding based on Title V, Subtitle E, Energy Efficiency and Conservation Block Grants, Sections 541(3)(A) or 541(3)(B) of EISA 2007, Public Law 110-140. All members present voting aye. Motion carried.
FIREWORKS PERMIT:
Moved by Hansen, seconded by Sutton to approve and authorize the Chairman sign Fireworks Public Display Permit, submitted by Jamie Naasz, DBA Brown County Speedway for a Class B Fireworks Display to be held on July 3, 2009 in the infield of the racetrack at the Fairgrounds. All members present voting aye. Motion carried.
BRIDGE #051:
Moved by Sutton, seconded by Elliott to approve and authorize the Chairman to sign Change Order #1 for Bridge #051 Line No. 012 P Class A45 Concrete, Bridge Deck resulting in no time added to contract and no change in bid price. All members present voting aye. Motion carried.
LEASE AGREEMENTS:
Moved by Sutton, seconded by Wiese to approve and authorize the Chairman sign the following agreements: Church of God Native American Ministries of SD for lease of the Richmond Youth Camp on October 12-13, 2009; Aberdeen Chamber for lease of the Expo Addition on June 6, 2009; Maureen Gilbertson for lease of the Richmond Lake Youth Camp on August 21-23, 2009. All members present voting aye. Motion carried.
DISINTERMENT PERMIT:
Moved by Sutton, seconded by Elliott to acknowledge and accept Notice of Disinterment Permit affecting Brown County from the SD Department of Health Vital Records. All members present voting aye. Motion carried.
CAPITAL OUTLAY TAX:
Commissioner Sutton offered the following Resolution:
RESOLUTION #36-09
Permit Counties to Impose a Capital Outlay Tax
WHEREAS, County Government is increasingly unable to meet its statutory responsibilities to provide for law enforcement, human services, and the maintenance of county road infrastructure, and
WHEREAS, this inability to continue to fund these important services is directly related to a lack of financial resources caused by the property tax limitation statutes, outdated fee allowances currently in state law, and the absence of a funding stream that keeps pace with economic growth and inflation, and
WHEREAS, the board of county commissioners may levy a tax not to exceed one dollar per thousand dollars of taxable valuation for the capital outlay fund for assets as defined by this section, its obligations under a resolution, or a lease-purchase agreement, and
WHEREAS, the capital outlay fund of the county is a fund provided by law to meet expenditures which result in the acquisition or lease of or additions to real property, plant, or equipment, and
WHEREAS, any expenditure from the fund shall be for land, existing facilities, improvement of grounds, construction of facilities, additions to facilities, remodeling of facilities, or for the purchase or lease of equipment, and
WHEREAS, an expenditure from the fund may also be used for installment or lease-purchase payment for the purchase of real property, plant, or equipment, which have a contracted terminal date not exceeding twenty years from the date of the installment contract, and
WHEREAS, the county may cooperate in a joint undertaking for any purpose provided in this section with any other county, municipality, or school district, and
WHEREAS, the levy authorized by this section is in addition to the levies authorized in §§ 7-25-1 and 10-12-21. Any tax imposed pursuant to this section is exempt from the tax limitations imposed on a county by chapter 10-13, and
WHEREAS, section 10-13-35 does not apply to school districts or any tax imposed by a county
pursuant to section 1 of this Act, and
WHEREAS, for taxes payable in 1997, and each year thereafter, the total amount of revenue payable from taxes on real property within a taxing district, excluding the levy pursuant to § 10-13-36, may increase no more than the lesser of three percent or the index factor, as defined in § 10-13-38, over the amount of revenue payable from taxes on real property in the preceding year, excluding the amount of taxes levied pursuant to § 10-13-36, and
WHEREAS, after applying the index factor, a taxing district may increase the revenue payable from taxes on real property above the limitations provided by this section by the percentage increase of value resulting from any improvements or change in use of real property, annexation, minor boundary changes, and any adjustments in taxation of property separately classified and subject to statutory adjustments and reductions under chapters 10-4, 10-6, 10-6A, and 10-6B, except § 10-6-31.4, only if assessed the same as property of equal value, and
WHEREAS, a taxing district may increase the revenue it receives from taxes on real property above the limit provided by this section for taxes levied to pay the principal, interest, and redemption charges on any bonds issued after January 1, 1997, which are subject to referendum, scheduled payment increases on bonds and for a levy directed by the order of a court for the purpose of paying a judgment against such taxing district, and
WHEREAS, any taxing district created after the effective date of this section is exempt from the limitation provided by this section for a period of two years immediately following its creation,
NOW, THEREFORE BE IT RESOLVED, that the Brown County Commission supports legislation that will permit counties to impose a capital outlay tax for construction and equipment purposes and exempt counties from certain tax limitations on property.
Seconded by Commissioner Hansen. Roll call vote: Commissioners Hansen-aye, Elliott-aye, Sutton-aye, Wiese-aye, Fischbach-aye. Resolution adopted.
APPLICATION FOR OCCUPANCY:
Moved by Sutton, seconded by Elliott to approve and authorize the Chairman sign application, submitted by Northern Electric for occupancy of Brown County Highway #14W in Sec 30/31-T123N-R63W, Brown County, SD to provide primary electrical service. All members present voting aye. Motion carried.
EQUIPMENT PURCHASE:
Moved by Sutton, seconded by Wiese to approve purchase of a sign retroreflectometer in amount of $10,950.00 for the sign shop at the Highway Department. All members present voting aye. Motion carried.
Moved by Hansen, seconded by Elliott to award low quote, submitted by Northern Truck Equipment Corp in amount of $9,257.00 for a sander unit for the Highway Department; rejecting Safety Service Inc in amount of $13,200.00. All members present voting aye. Motion carried.
COUNTY 12W:
Moved by Sutton, seconded by Elliott to authorize Jan Weismantel, Highway Superintendent request Helms and Associates assist with the upcoming 12W bid process. All members present voting aye. Motion carried.
PLATS:
Commissioner Sutton offered the following Resolution:
RESOLUTION #37-09
BE IT RESOLVED by the County Commission of Brown County, SD, that the plat showing “Belden Tract 1, in the W ½ of the SW ¼ of Sec 20-T123N-R60W of the 5th P.M., Brown County, SD”, having been examined, is hereby approved in accordance with the provisions of SDCL of 1967, Chapter 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.
Commissioner Elliott offered the following Resolution:
RESOLUTION #38-09
BE IT RESOLVED by the County Commission of Brown County, SD, that the plat showing “Haar’s First Subdivision in NE ¼ Sec 11-T125N-R64W of 5th P.M., Brown County, SD”, having been examined, is hereby approved in accordance with the provisions of SDCL of 1967, Chapter 11-3, and any amendments thereof.
Seconded by Commissioner Sutton. Roll call vote: Commissioners Hansen-aye, Elliott-aye, Sutton-aye, Wiese-aye, Fischbach-aye. Resolution adopted.
Commissioner Sutton offered the following Resolution:
RESOLUTION #39-09
BE IT RESOLVED by the Board of County Commissioners of Brown County, SD, that the plat showing “Corrective Plat of Ranchland Third Subdivision in Sec 31-T128N-R65W of 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.
ORDINANCE #060:
Moved by Hansen, seconded by Sutton to set hearing date for Ordinance #060, An Ordinance amending Second Revision Brown County Ordinances, Title 4, Chapter 4.3501 Communication Towers and Facilities Requirements, Subsection F. Submittal Requirements, by adding 15. The applicant shall agree, in writing, to allow for possible co-location of Brown County Public Safety equipment in the top position to the proposed communications facility and grants a perpetual access agreement to such equipment. Brown County Communications Department would be responsible for all public safety equipment installed, to be held in the Commissioner’s Chambers, Courthouse Annex Brown County, SD at 9:00 a.m. on July 14, 2009. All members present voting aye. Motion carried.
PURCHASE CARD SYSTEM:
Kae McNel presented additional information on a Purchase Card System offered by US Bank originally presented to the Commission on April 8, 2008. The Commission took no action at this time.
EXTENDED PARKING LEASE:
The Commission discussed the need for a policy for extended parking on county owned lots. The States Attorney will be contacted for input.
RECESS:
The Chairman declared the Commission recessed until June 30, 2009.
Maxine Taylor – Brown County Auditor