MAY 5, 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 Elliott to approve the General Meeting Minutes, the Brown County Board of Equalization Meeting Minutes, and the Consolidated Board of Equalization Meeting Minutes of April 28, 2009. All members present voting aye. Motion carried.

CLAIMS:
Moved by Wiese, seconded by Sutton to approve the following claims:
Supplies: Runnings..$1462.44, MC Products..$177.83, SD Dept. of Rev.. $3673.89, Bricks TV & Appl..$965.00, Cunningham Electric..$5226.09, E-zee Supply & Dist..$343.57, MAC’s..$107.32, Butler Machinery..$4517.84, Power Plan..$397.43, PC Mail Gov..$235.48, Dakota Electronics..$91.25, Double D Body Shop..$270.00, Woodman Refrigeration..$1176.08, RACOM..$352.80, National Academies of Emergency Dispatch..$50.00, Bridgestone/Firestone..$13.00, Crawford Trucks & Equip..$334.39, Violet Dinger..$381.30, Huron Culvert & Tank Co..$656.53, Lawson Products Inc..$114.98, North Central Farmers Elevator..$3250.78, SD Dept. of Transportation..$37873.75, Walmart Businesses..$920.68, Roxy Hilgenberg..$17.76, Kens Superfair Foods..$41.31, SDSHS Membership Program..$45.00,Office Equipment..$163.04, Grote Body Shop..$1430.11, Autoglass Solutions..$40.00, National Sheriffs Association..$100.00, Cooks Direct..$105.03, Safety Service..$213.70, Titan Machinery..$718.86, SDRA..$35.00, Boys & Girls Club..$5000.00, Eide Bailly..$234.00, DSG..$3588.31, Taylor Laundry..$50.00, Medtox..$497.59:
Professional Fees: Leggette, Brashears & Graham, Inc..$6247.88, Helms & Assoc..$7467.70, Dennis J. Anderson..$2500.00:
Publications: Aberdeen American News..$799.37, Dakota Press..$1627.95:
Travel: Leo Lesher..$356.68, Gene Loeschke..$74.00, Allan Vietmeier..$140.60, Gary Vetter..$714.93:
Utilities: Web Water..$25.00, Northern Valley..$51.45, City Treasurer..$ 1026.17, Alltel..$44.55, Midcontinent Communications..$98.28, Qwest..$46.75, Northwestern Energy..$666.75:
Care of Poor: Dr/Hospital – 8 recipients..OB/GYN Associates of Aberdeen..$1457.32, Dakota Imaging Prof..$116.57, Internal Medicine Associates..$50.37, Dr. Clifford Matushin..$485.23, Aberdeen Family Physicians..$562.99, Avera St. Lukes Hospital..$15431.79; Rent - 3 recipients..Aberdeen Housing Authority..$200.00, Falcon Rentals..$240.00, Builders Management & Investments..$120.00; Utilities – 2 recipients..NW Energy..$560.00; Transportation – 1 recipient..Aberdeen Advanced Care Ambulance..$97.09; Drugs – 2 recipients..Walmart Pharmacy..$14.00, Shopko..$355.95; Insurance – 1 recipient..Anthem..$376.06. All members present voting aye. Motion carried.

PERSONNEL:
Moved by Sutton, seconded by Wiese to appoint Nancy Reierson, Neighborhood Watch representative on the Citizens Corp Council. All members present voting aye. Motion carried.

SET HEARING DATE:
Moved by Hansen, seconded by Elliott to set public hearing for Ordinance No. 09-05-01/375, An Ordinance amending the Zoning Ordinance concerning co-location of Telecommunications Towers, to be held on May 26, 2009 at 8:45 a.m. in the City Council Chambers, 123 S Lincoln Street, Aberdeen, SD. All members present voting aye. Motion carried.

SURPLUS PROPERTY:
Moved by Wiese, seconded by Sutton to declare miscellaneous computer equipment from various departments surplus for disposal at the Brown County Landfill. All members present voting aye. Motion carried.

Moved by Sutton, seconded by Wiese to declare the following surplus for purpose of sale to be held on May 8, 2009: Decal #1822 1986 AutoCar Semi Tractor, Decal #1990 1972 Kenwoth W900 Semi Tractor, Decal #1837 1978 Cat Dozer D7G, Decal #1838 Cat U Dozer Blade and miscellaneous personal property items from various departments (complete listing on file at the Auditor’s Office). All members present voting aye. Motion carried.

BID AWARD – SHERIFF VEHICLES:
Moved by Sutton, seconded by Wiese to award the following bids for the Sheriff Department: State Contract #15538 with Lamb Chevrolet for two 2009 Chevrolet Impala Police Sedans in amount of $38,492.00. All members present voting aye. Motion carried.

AUDITORS REPORT OF ACCOUNT:
Moved by Sutton, seconded by Wiese to approve the April 2009 Auditor’s Report of Account with the County Treasurer in total amount of $25,244,689.30 (total amount of actual cash @ $3,465.00, Wells Fargo Bank @ $3,694.79, US Bank @ $153,480.20, Dacotah Bank @ $26,292.58, Petty Cash @ $1,800.00, Fund Investments @ $25,055,921.73, Outstanding Checks @ $35.00). All members present voting aye. Motion carried.

NE LEVEE ESCROW:
Moved by Wiese, seconded by Sutton to close Fund #772 NE Levee Escrow to the General Fund #101 in amount of $7,472.97. All members present voting aye. Motion carried.

BID – MOTOR GRADER:
Time and place, as advertised to open, read and consider bids for one (1) new 2009 Articulated Motor Grader for the Highway Department. Bids were received from Butler Machinery, RDO Equipment and Sheehan Mack. Moved by Wiese, seconded by Elliott to refer all bids to Jan Weismantel, Highway Superintendent for review and recommendation. All members present voting aye. Motion carried.

APPLICATION FOR OCCUPANCY:
Moved by Wiese, seconded by Sutton to approve application, submitted by SDN Communications for occupancy of right-of-way located in the central portion of the County to place fiber optic cable to upgrade their Aberdeen exchange (map on file at the County Highway Department with exact locations). All members present voting aye. Motion carried.

ROAD DISCUSSION:
Rich Russman, Alex Falk, Erik Funk, Chad Pray and Kristen Dinger discussed road conditions in the Putney Slough area. Gary Vetter and Jan Weismantel will provide water levels to the Commission and do what can be legally done under the jurisdiction of their respective departments.

ORDINANCE NO. 059 – FIRST READING:
Moved by Sutton, seconded by Elliott to approve First Reading of Ordinance No. 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. All members present voting aye. Motion carried.

SPECIAL MALT BEVERAGE LICENSE HEARING:
Time and place, as advertised for public hearing to consider application for Special Malt Beverage Licenses for the 2009 Northeast Area Horse Racing Season at the Fairgrounds. Moved by Hansen, seconded by Wiese to approve the following applications for Special Malt Beverage License, submitted by Northeast Area Horse Racing, Inc: Brown County Fairgrounds (Clubhouse) SW ¼ Sec 1-T123N-R64W, effective May 9, 10, 16 and 17, 2009. Brown County Fairgrounds (Grandstand) SW ¼ Sec 1-T123N-R64W, effective May 9, 10, 16 and 17, 2009. Brown County Fairgrounds (Clubhouse) SW ¼ Sec 1-T123N-R64W, effective May 23, 24 and 25, 2009. Brown County Fairgrounds (Grandstand) SW ¼ Sec 1-T123N-R64W, effective May 23, 24 and 25, 2009 (map indicating specific buildings on file with applications). All members present voting aye. Motion carried.

MALT BEVERAGE LICENSE TRANSFER HEARING:
Time and place, as advertised for public hearing to consider transfer of Retail (on-off sale) Malt Beverage License. Moved by Sutton, seconded by Elliott to approve the following: Transfer Retail (on-off sale) Malt Beverage License from Al Malsam, DBA A&E Promotions to Jamie Naasz DBA Brown County Speedway, Brown County Fairgrounds in SW ¼ of Sec 1-T123N-R64W of 5th P.M., Brown County South Dakota (map of specific building on file with license application). All members present voting aye. Motion carried.

BYRNE JUSTICE ASSISTANCE GRANT (JAG) JOINT POWERS AGREEMENT:
Moved by Wiese, seconded by Sutton to approve and authorize the Chairman to sign Joint Powers Agreement with the City of Aberdeen whereby the City agrees to provide the County $22,500 from the JAG award of $71,750 for the 2009 Byrne Justice Assistance Grant. All members present voting aye. Motion carried.

AUDIT ENTRANCE CONFERENCE:
Kay Fredrick, SD Department of Legislative Audits met with the Commission for Entrance Conference for the Audit being conducted for fiscal year 2008.

BCCHC REPORT:
DeAnna Kyburz presented the Brown County Community Health Center Report for January – March 2009. Merri Nelson, Public Health Regional Manager presented 2008 accomplishments and services provided by State of South Dakota Department of Health.

TOWING SERVICE DISCUSSION:
The gentleman who made an appointment to discuss the towing service group used by the Communications Center did not attend.

RECESS:
The Chairman declared the Commission recessed until May 12, 2009.

Maxine Taylor – Brown County Auditor