MAY 12, 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 Sutton, seconded by Wiese to approve the General Meeting minutes of May 5, 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...$7,704.56; Treasurer…$10,871.92; Data Processing...$3,431.02; State’s Attorney...$12,973.86; Stop Loss Grant...$1,421.05; Maintenance…$5,622.03; Assessor...$10,062.34; Register of Deeds...$6,311.84; Veterans Service Office...$3,003.55; GIS…$1,921.93; Sheriff...$73,140.36; Communications...$16,394.47; Welfare Office...$3,198.93; Museum...$5,716.52; Fairgrounds & Parks...$5,185.61; Fairboard...$2,072.73; Extension...$2,048.00; Weed...$2,446.79; Planning and Zoning..$1,580.81; Emergency Management...$2,873.62; Teen Court...$661.43; Highway…$31,014.55; Landfilll...$10,047.93; Matching Benefits: FICA...$13,127.10; Medicare...$3,069.98:
Supplies: Best Business..$178.86, Dakota Mailing..$152.07, Office Equip..$339.02, Dept of Rev..$1879.00, SDACC..$820.88, Sanders Sew ‘n Vac..$500.11, McFarland Supply..$31.68, Aberdeen Chrysler..$275.00, Beadle Floral..$2110.00, Ecolab..$81.00, House of Glass..$58.16, Quality Quick Print..$20.30, Intermountain Gym Repair..$146.50, Dakota Elec..$170.85, Pioneer Ford..$30.81, Town & Country..$69.54, Hoven Auto..$44.24, Napco..$534.58, McQuillen Group..$301.05, Parcel Erickson..$28.95, Custom Sheet Metal..$130.00, Steven Lust..$86.15, Sewing Shoppe..$15.00, Runnings..$644.91, SD Sheriff Assoc..$45.94, Tri-State Water..$28.40, Earthgrains..$563.40, Lexis-Nexis..$50.00, Cash-Wa..$4087.95, Taylor Laundry..$49.00, Willard Sumption..$90.63, Safety Service..$33.95, Quality Welding..$41.24, Praxair..$28.59, Powerplan..$12,391.90, Pierson Ford..$34.28, North Central Leasing..$14,932.00, Midwest Pump & Tank..$2351.55, Menards..$299.73, Light & Siren..$554.85, HF Jacobs..$330.00, Interstate Battery..$195.90, Howes Oil..$12,502.40, Helm & Assoc..$5250.00, Hedahls..$17.40, Hecla Impl..$13.14, Great Western Tire..$2671.36, Gary’s Auto..$350.00, Farm Power..$1025.95, Evergreen..$91.12, Farnams..$61.62, Violet Dinger..$472.20, Diesel Machinery..$2765.00, Dakota Fluid Power..$444.86, Crady’s Radiator..$318.50, Clark Engineering..$2809.72, Butler Machinery..$237.60, Bakken Bldg Maint..$500.00, Aberdeen Chrysler..$2370.51, Midwest Alarm..$51.50, CWD..$42.55, SD Magazine..$279.00, Preserve SD..$50.00, Central Supply..$100.45, Macs..$8.65, Galeton..$226.93, TSC..$80.42, Light & Siren..$240.52, SDSU Print Lab..$211.65, Kesslers..$23.04, Frey Elec..$753.45, North Central Farmers Elev..$4739.86, Fastenal..$465.23, North Pine..$100,034.67, Brick Propane..$42.00, Ameripride..$200.70, Hedahls..$7.18, Erdmann Fuels..$3429.01, Cole Papers..$1306.50, Safety Service..$4974.00, Farm Power..$2589.91, Landfill Service Corp..$22,470.60, Helms..$13,231.70, Pierson Ford..$3881.79, Sheehan..$1031.81, Menards..$778.40, Quality Welding..$703.75, Aberdeen C&F..$14.00, Petroleum Partners..$56.88, Keypoint Training..$2450.00, Shopko..$23.94, PC Mall..$4388.63, Alexander Open System..$51,972.48, HSBC..$1413.10, Dak Elec..$45.00, Elec Engineering..$612.30, OSI..$350.54, SD Teen Court Assn..$137.50, Rick Hansen..$309.58, Results Unltd..$15,000.00:
Professional Fees: Exec Finance..$77.29, witness fees..$170.00, NE Mental Health..$599.83, Norma Andersen..$30.00, Donna Dietrich..$376.56, Nelva Kooistra..$45.00, Cathy Rehfuss..$15.00, Sheriff of Yankton County..$75.00, Language Lines..$90.00:
Publications: Aberdeen American News..$2020.15, Groton Indep..$485.12:
Transcriptions: Sara VandeWalle..$71.40:
Court Appointed Attorney: Mikelson Law Office..$173.26:
Travel: Days Inn..$93.00, Carol Sherman..$152.40, Mark Milbrandt..$808.47, Town of Frederick..$32.25:
Utilities: FSH..$60.00, City of Aberdeen..$22.54, Northwestern Energy..$5906.45, Northern Valley..$301.96, James Valley..$358.23, WEB..$66.90, Dependable..$17,075.92, Northern Wireless..$111.90, Verizon..$188.50, Qwest..$385.24:
Care of Poor: Dr/Hospital – 6 recipients..Dakota Plains..$1116.07, Avera St Lukes..$9745.34, Dakota Imaging..$65.57; Rent - 7 recipients..Aberdeen Properties..$280.00, Lakeside Estates..$260.00, Hangun Properties..$240.00, Dan Brenner..$240.00, PDS Properties..$240.00, JTs Rentals..$440.00; Utilities –2 recipients..Petroleum Partners..$240.00, NW Energy..$175.86; Transportation – 1 recipient..Brown County..$27.10. All members present voting aye. Motion carried.

PERSONNEL:
Moved by Wiese, seconded by Sutton to approve the following employee step increases, effective May 17, 2009: David Bruckner @ $15.61 per hour, Shawna Everson @ $13.72 per hour, Larry Hardy @ $14.48 per hour, Joseph Malsam @ $14.28 per hour. All members present voting aye. Motion carried.

Moved by Wiese, seconded by Sutton to approve hiring Erin McClain and Jordan Majeske as Dispatchers, effective May 11, 2009 at $12.80 per hour. All members present voting aye. Motion carried.

Moved by Wiese, seconded by Sutton to approve hiring the following seasonal highway employees: Jon Koeniguer at $10.08 per hour, effective May 18, 2009 and Matt Heuttl at $9.41 per hour, effective May 18, 2009. All members present voting aye. Motion carried.

SHERIFF REPORTS:
Moved by Hansen, seconded by Elliott to approve the following April 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.

LEASE AGREEMENTS:
Moved by Sutton, seconded by Elliott to approve the following agreements: Northeast Area Horse Racing, Inc for lease of various facilities at the Fairgrounds from May 1, 2009 through May 28, 2009; and Rachel Fliehs for lease of the Open Arena on May 3, May 17 and June 28, 2009. All members present voting aye. Motion carried.

RELIEF LIEN:
Commissioner Elliott offered the following Resolution:

RESOLUTION NO. 32-09

WHEREAS, Brown County has filed a Poor Relief Lien in total amount of $26,434.75 with a balance of $20,634.75, 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.

NOW, THEREFORE BE IT RESOLVED that the following real property, which is described as follows:

Lot 10, Block 6, North Aberdeen Addition to Aberdeen, 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 12th day of May 2009.

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

SUBORDINATION AGREEMENT:
Moved by Sutton, seconded by Wiese to approve and authorize the Chairman sign Subordination Agreement for a Poor Relief Lien with the Aberdeen Federal Credit Union on Lot 4 and the West 13.95’ of Lot 3, Block 1, Francis Evelo Addition to Aberdeen, according to the plat thereof of record, Brown County, South Dakota. All members present voting aye. Motion carried.

WEED & PEST GRANT AGREEMENT:
Moved by Sutton, seconded by Wiese to approve and authorize the Chairman sign Grant Agreement Letter with the SD Weed and Pest Control Commission for grant funding in amount not to exceed $2,000 on a 50/50 cost share basis for chemical, promotional items, radio ads and seasonal labor, effective July 1, 2009 to June 1, 2010. All members present voting aye. Motion carried.

ORDINANCE #059:
Moved by Sutton, seconded by Wiese to approve Second Reading and Adoption of Ordinance #059, An Ordinance amending Second Revision Brown County Ordinances by adding Title 19 – Geographic Information Systems (GIS), which defines data access and distribution policies for GIS information. Roll call vote: Commissioners Hansen-aye, Elliott-aye, Sutton-aye, Wiese-aye, Fischbach-aye. Ordinance adopted.

BID OPEN/AWARD FENCE FOR LANDFILL EXPANSION PROJECT:
Time and place to open, read and consider sealed bids for the Landfill Expansion Fence Project. Bids were received from American Fence Company, Sioux Falls, SD; FM Fence Inc, Fargo, ND; JDH Construction Inc, Aberdeen, SD. Moved by Hansen, seconded by Sutton to refer all bids to Mike Scott, Landfill Manager and Jay Koch, Helms and Associates for review and recommendation. All members present voting aye. Motion carried.

Moved by Sutton, seconded by Wiese to award low bid, submitted by American Fence Company in amount of $198,637.00 for the Landfill Expansion Fence Project; rejecting FM Fence Inc in amount of $219,882.10, JDH Construction Inc in amount of $204,950.10. All members present voting aye. Motion carried.

LANDFILL UPDATE:
Mike Scott, Landfill Manager presented an information sheet on the following: free cleanup statistics, landfill school tours, Skidsteer attachment, trees planted, recycling of electronics.

ABATEMENT:
Doug Fjeldheim and Bryan Itterman presented tax exempt information for an abatement for the New Life Fellowship Church. After discussion the following action ensued: Moved by Sutton, seconded by Elliott to approve the following Abatement: New Life Fellowship in amount of $10,130.74. All members present voting aye. Motion carried.

BID REJECT – MOTOR GRADER:
Motion by Elliott, seconded by Sutton to reject all bids opened May 5, 2009 for one new 2009 Articulated Motor Grader for the Brown County Highway, as this action is in the best interest of the taxpayers of Brown County. Roll call vote: Commissioners Hansen-nay, Elliott-aye, Sutton-aye, Wiese-aye, Fischbach-nay. Motion carried.

AWARD MOTOR GRADER BID:
Moved by Wiese, seconded by Sutton to award bid, as submitted by Butler Machinery at the Custer County Bid Letting held April 22, 2009 for one 2009 Caterpiller Model 140M All Wheel Drive Motor Grader in amount of $208,800.00 plus options listed in Custer County Bid for total amount of $234,642.00 to be financed with a five year lease with annual payments of $43,597.21. Roll call vote: Commissioners Hansen-aye, Elliott-aye, Sutton-aye, Wiese-aye, Fischbach-nay. Motion carried.

EMPLOYEE HEALTH INSURANCE DISCUSSION:
Dave Bruckner and Larry Hardy of Local 162 met to discuss changes in the employee health insurance program.

Moved by Sutton, seconded by Wiese to go into executive session to discuss personnel with Kim Dorsett, Jeanette Nietert, Dave Bruckner, Larry Hardy and Jan Weismantel in attendance. All members present voting aye. Motion carried.

The Chairman declared the executive session closed, with the following action taken as a result of the discussion.

Moved by Sutton, seconded by Elliott to renew the Brown County Employee Health Insurance Plan with Wellmark Blue Cross and Blue Shield of SD, as follows: Premium – Single $447.46 per month, Two-Party @ 824.98 per month and Family @ $1,134.72 per month. Benefit period deductible @ $1500 Single, $3000 Two-person, $4500 Family (with employee reimbursement for deductible paid over the prior year $1000 Single limit). Office visit PPO co-pay $20.00, prescription drug three-tier co-payment $10/$25/$40 plus $100/$200 deductible (deductible waived for generic drugs). The Insurance plan coverage effective July 1, 2009 through June 30, 2010. Effective July 1, 2009 employee insurance coverage will expire at the end of the month of employment. Continuing coverage for retirees, who have completed twenty-years of continuous service and have reached the age of 55 years old, from date of retirement until qualified for Medicare coverage (retiree paying 100% of premium). Roll call vote: Commissioners Hansen-aye, Elliott-aye, Sutton-aye, Wiese-nay, Fischbach-aye. Motion carried.

EXECUTIVE SESSION:
Moved by Sutton, seconded by Hansen to go into executive session for personnel discussion. All members present voting aye. Motion carried.

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

RECESS:
The Chairman declared the Commission recessed until May 19, 2009.

Maxine Taylor – Brown County Auditor