JUNE 9, 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 Hansen, seconded by Wiese to approve the Joint City/County Meeting
minutes of June 1, 2009 and the General Meeting minutes of June 2, 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...$7,354.10; Treasurer…$10,618.24;
Data Processing...$3,431.02; State’s Attorney...$12,739.86; Stop Loss
Grant...$1,421.05; Maintenance…$5,629.26; Assessor...$9,876.61; Register of
Deeds...$6,093.85; Veterans Service Office...$3,106.99; GIS…$1,921.93;
Sheriff...$76,051.31; Communications...$20,178.46; Welfare Office...$3,144.20;
Coroner..$300.00; Museum...$5,716.52; Fairgrounds & Parks...$5,173.52; Fairboard...$2,072.73;
Extension...$2,048.00; Weed...$4,385.91; Planning and Zoning..$1,580.81;
Emergency Management...$2,873.62; Teen Court...$508.70; Highway…$33,557.02;
Landfilll...$9,622.62; Matching Benefits: FICA...$13,698.98;
Medicare...$3,203.77:
Supplies: ES&S..$2333.19, Walling Data Systems..$2586.49, Menards..$532.01,
Office Equip..$800.40, Dept of Rev..$4994.94, Exec Mgmt..$81.00, Richards &
Oliver..$77.54, Taylor Laundry..$99.50, McFarland Supply..$233.95, JCL
Solutions..$24.00, Runnings..$1254.83, SDAAO..$1000.00, Midstates
Printing..$307.80, New Trends..$472.34, Britney Lout..$20.99, SD DCI
Lab..$15.00, Tri-State Water..$35.50, Schwan Welding..$68.00, Sewing
Shoppe..$25.50, FedEx..$14.24, Avera St Lukes..$66.50, Dakota
Electronics..$392.83, Best Business..$133.97, Allied 100..$111.80, Infinity
Gear..$212.95, Cash-Wa..$3761.42, Eddies Northside..$15.00,
Earthgrains..$494.54, Van Diest..$3899.60, Trins..$424.64, Spec Mfg..$8.82,
Hagan Ins..$1348.00, Sheehan..$41,521.79, Share Corp..$513.80, Safety
Service..$122.15, Power Plan..$4988.74, North Central Leasing..$3978.00, North
Central Farmers Elev..$10,634.19, Newman Signs..$85.67, Macs..$51.90, Lust Chev..$244.45,
Randy Lechner..$563.00, Kens Alignment..$123.76, Jensen Rock & Sand..$92,089.13,
Interstate Battery..$122.85, Helms & Assoc..$12,600.00, J Gross Equip..$5100.00,
Great Western Tire..$304.80, Gillund Ent..$315.12, Freys Elec..$830.00, Farnams..$277.04,
Farm Power..$54.51, Evergreen Supply..$18.17, Economy Propane..$1390.50, Diesel
Machinery..$491.49, Custom Glass..$475.97, Crawford Trucks..$5624.93, Butler
Machinery..$22.02, Firestone..$242.00, Bakken Bldg Maint..$500.00, Midwest
Alarms..$51.50, Natural Abundance..$20.00, Sherwin Williams..$87.42, Glas
Consulting..$427.50, Dacotah Prairie Museum..$9.90, SD Fed Property..$240.00,
Meyers Auto..$35.00, Kens Alignment..$201.11, Mallory Headsets..$682.14,
Evergreen Supply..$6.65, Dakota Fluid..$2015.65, Ameripride..$146.22, Pierson
Ford..$246.95, Dak Elec..$748.25, Helms & Assoc..$22,180.65, North
Pine..$272,304.87:
Professional Fees: witness fees..$80.00, Dental Center..$34.00,Yankton County
Sheriff..$25.00, Kristi Spitzer..$1000.00:
Publications: Aberdeen American News..$2727.36, Groton Indep..$617.83:
Transcriptions: Neal Reporting..$47.60, Tammy Erickson..$38.55:
Travel: Mike Wiese..$84.63, Kathy Fischer..$95.18:
Utilities: FSH Communications..$60.00, City of Aberdeen..$825.83, NW
Energy..$1045.01, Northern Valley..$150.27, James Valley Co-op..$395.64, Town of
Frederick..$32.25:
Care of Poor: Dr/Hospital – 8 recipients..Avera St Lukes..$10,733.81, Dakota
Imaging..$290.21, Dental Center..$45.00, John Carrels..$462.00; Rent - 8
recipients..Jody Kalt..$240.00, Key Investments..$240.00, J & O Apts..$240.00,
White House Inn..$624.00; Transportation – 5 recipients..Jefferson
Lines..$229.00, Emergency Poor Fund..$185.00; Medications - 5 recipients..Walmart
Pharm..$471.00. All members present voting aye. Motion carried.
PERSONNEL:
Moved by Hansen, seconded by Elliott to approve the following employee step
increases, effective June 14, 2009: Damain Bahr @ $17.33 per hour, Sherry
Theobald @ $13.41 per hour, Polly Rush @ $14.90 per hour. All members present
voting aye. Motion carried.
HIGHWAY SAFETY GRANT APPLICATION:
Moved by Wiese, seconded by Hansen to approve and authorize the Chairman sign FY
2010 Highway Safety Grant Application in amount of $29,440, which includes local
match of $1,668 on equipment. All members present voting aye. Motion carried.
LANDFILL EXPANSION PROJECT:
Moved by Wiese, seconded by Elliott to approve and authorize the Chairman sign
Payment Request #2 in amount of $100,034.67, Payment Request #3 in amount of
$215,530.30 and Payment Request #4 in amount of $272,304.87 for the Brown County
Landfill Expansion Project. All members present voting aye. Motion carried.
SVAWA GRANT AGREEMENT:
Moved by Hansen, seconded by Elliott to approve and authorize the Chairman sign
STOP Violence Against Women (STOP-P) grant award agreement in amount of
$57,333.00, effective July 1, 2009 through June 30, 2010. All members present
voting aye. Motion carried.
ANNUAL MALT BEVERAGE LICENSE RENEWAL HEARING:
Time and place as advertised for public hearing to consider applications for
renewal of Annual Malt Beverage Licenses. Moved by Elliott, seconded by Wiese to
approve the following renewal applications: Retail (On-Off Sale) Malt Beverage:
Marge Frohling DBA The Connection; Alan Lanphere DBA Bath Quick Stop; Jamie
Naasz, DBA Brown County Speedway; Dave Schumaker DBA Elm Lake Resort; Moccasin
Creek Country Club, Inc.; Alex and Diane Schaeffer, DBA Richmond Oasis LLC;
Aberdeen Hockey Association Inc (Odde Hockey Building). All members present
voting aye. Motion carried.
SPECIAL MALT BEVERAGE HEARING:
Moved by Elliott, seconded by Wiese to approve application for a Special Malt
Beverage License: Aberdeen Area Community Foundation, PO Box 285, Aberdeen, S.D.
57401 at the Parkview Nursery located on Lot 1 Parkview Nursery Addition NE ¼
Sec 25-T123N-R64W of the 5th P.M., Brown County, SD, effective June 18, 2009.
All members present voting aye. Motion carried.
HAPI TIF #5:
Jeff Mitchell and Jodi Zuger, HAPI Homes announced that HAPI Homes has started a
Down Payment Assistance Program for Brown County residents to be financed with
funds held in a special account obtained from repayment of lot reduction loans
previously made to home owners.
132nd STREET DISCUSSION:
Rolly Aman, Ted Arlt, Walter Wagemann, Roger Darling, David Feickert and Sonja
Feickert met to discuss the dust on 132nd Street west from by-pass to Landfill
caused by residents traveling to the Landfill. It was suggested that Aberdeen
Township prepare the road and the cost of the dust control product be shared by
the County. Mike Scott, Landfill Manager and Dennis Feickert, area Legislator
were also in attendance. Moved by Wiese, seconded by Hansen to approve
suggestion if Aberdeen Township prepares the road, the County will cost share
the dust control product in an amount not to exceed $2,000.00 to be funded by
the Landfill. All members present voting aye. Motion carried.
LANDFILL GAS PILOT TEST CONTRACT:
Moved by Wiese, seconded by Elliott to approve and authorize the Chairman sign
Contract with Leggette, Bashears & Graham Inc (LBG) to complete the following
Unit 1 in amount not to exceed $45,900.00: 1) install 2 permanent wells for
landfill gas pilot test; 2) prepare Letter of Understanding between County and
potential user; 3) prepare pilot study report; and 4) update capital
construction cost estimate. All members present voting aye. Motion carried.
LANDFILL EXPANSION SHOP:
Moved by Elliott, seconded by Hansen to approve and authorize the Chairman sign
Agreement for design work associated with the construction of a shop structure
near the Landfill Expansion (Unit 2) in amount not to exceed $12,600.00 with
Hula Design/Build LLC (Thomas Hurlbert). All members present voting aye. Motion
carried.
LANDFILL UPDATE:
Mike Scott, Landfill Manager presented a cell construction update and discussed
the container sites.
ACCESS AGREEMENT:
Thomas Fischer, ARCADIS and DENR representatives Kim McIntosh and Trish Kindt
discussed need for an access agreement to install additional test wells on
county owned property. Moved by Wiese, seconded by Elliott to approve and
authorize the Chairman sign Agreement with ARCADIS U.S., Inc and NorthWestern
Energy for temporary access on county owned property located on 1st Ave SE
(Extension/Weed /Welfare Complex) to install additional test wells to complete
soil and groundwater sampling; and further to name Mick Palmer as primary point
of contact. All members present voting aye. Motion carried.
NEMHC:
Northeastern Mental Health Center representatives Joe Manuel, Laura Boone and
Lisa German presented center statistics and related information in regard to the
2010 NEMHC Budget request.
BRIDGE #172 REPLACEMENT:
Commissioner Wiese offered the following Resolution; and further moved to
approve and authorize the Chairman sign the following documents in conjunction
with the Resolution: 1) Utilities Certificate; 2) Letting Authorization; 3)
Right-of-Way Certificate; 4) Amendment #3 to Work Order LGA-36-05.
RESOLUTION # 34-09
FEDERAL AID BRIDGE REPLACEMENT OR REHABILITATION PROGRAM RESOLUTION
FOR COUNTY AND URBAN PROJECTS
WHEREAS, Brown County desires the replacement of the bridge hereinafter
described:
STRUCTURE NUMBER AND LOCATION: (Bridge #172) BRO 8007(31) PCN 6085
SN07-125-220 2.0 mile South and 1.5 mile East of Westport over the Elm River
AND WHEREAS, Brown County is obligated and hereby agrees to provide proper
maintenance as required by the Federal Highway Act as amended and supplemented
thereto for project after construction is completed and to regulate or cause to
be regulated the installation of utility facilities within the limits of the
right-of-way of the proposed project in accordance with State and Federal
requirements.
AND WHEREAS, Brown County is obligated and hereby agrees to reimburse the State
for all costs not reimbursable with Bridge Replacement Funds.
AND WHEREAS, the bridge is in need of replacement for the following reasons: 1)
The sufficiency rating is 18.9. 2) The bridge is not located on a County or
Township designated Minimum Maintenance Road. 3) The bridge is located on a
school bus route, a mail route. 4) The load carrying capacity of the existing
bridge cannot be improved to carry legal loads by rehabilitation of the existing
bridge.
NOW THEREFORE BE IT RESOLVED, that the South Dakota Department of Transportation
be and hereby is authorized and requested to program for construction, in
accordance with the “Secondary Road Plan” and the State's "Standard
Specifications For Roads and Bridges", the bridge replacement project at the
above described location. Items to be handled by State forces with Federal
Participation will include hydraulic study review, foundations investigation (if
necessary), plan reviews, and construction administration.
Estimated Cost of Project Including Engineering: $668,246
Federal Share (80%): $534,597
Local Share (20%): $133,649
Proposed Year of Construction: 2010
Dated this 9th day of June 2009.
Seconded by Commissioner Elliott. Roll call vote: Commissioners Hansen-aye,
Elliott-aye, Sutton-absent, Wiese-aye, Fischbach-aye. Resolution adopted.
BRIDGE #229:
Moved by Wiese, seconded by Elliott to approve and authorize the Chairman sign
Amendment #2 to Work Order LGA-121-05 with the SD Department of Transportation
in regard to the replacement of Bridge #229. All members present voting aye.
Motion carried.
APPLICATIONS FOR OCCUPANCY:
Moved by Wiese, seconded by Hansen to approve and authorize the Chairman sign
the following applications, submitted by James Valley Telecommunications for
occupancy of Brown County Hwy #27 & 2 in Sec 27 and 28-T121N-R65W of the 5th
P.M., Brown County, SD and Brown County Hwy #21 in Sec 16 and 9-T122N-R61W of
the 5th P.M., Brown County, SD to provide telecommunication services. All
members present voting aye. Motion carried.
HOMELAND SECURITY FUNDS:
Scott Meints, Emergency Management Director discussed Memorandum from the SD
Department of Public Safety requesting Brown County release FY 2009 Homeland
Security Grant Funds to the State for upgrading the SD Interoperable Digital
Radio Network. Mr. Meints recommended that the County NOT release the FY 2009
Homeland Security Grant Funds. The Board concurred.
RECESS:
The Chairman declared the Commission recessed until June 16, 2009.
Maxine Taylor – Brown County Auditor