OCTOBER 20, 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 Wiese, seconded by Sutton to approve the General Meeting minutes of October 13, 2009. All members present voting aye. Motion carried.
CLAIMS:
Moved by Sutton, seconded by Wiese to approve the following claims:
Supplies: FP Mailing Solutions $504.00, West Payment $2174.72, Penton Tech $39.95, SHI Int’l $8970.48, Richards & Oliver $77.54, Exec Mgmt $30.00, Office Equip $6736.00, NADA $90.00, Crescent Elec $496.02, Gardner Locksmith $51.25, Kone $1910.64, Heartland Paper $628.87, SD Dept of Rev $440.00, Supt of Documents $134.00, Velvet Uniforms $53.00, Pennington County $176.05, Deluxe for Business $296.27, Best Business $248.15, Graham Tire $89.75, Exhaust Pros $33.48, DT Pharm $188.01, Runnings $29.97, Hoven Auto $546.24, Quality Quick Print $9.00, Western Printing $425.92, Pacer $10.16, Civic Research Institute $179.95, Diane Mielke $21.92, Accurint $50.00, Taylor Laundry $71.00, Bud & Owens $9219.79, Ameripride $285.42, Advanced Auto $47.97, 3-D Spec $361.00, Pomps Tire $907.19, Lien Transportation $1138.11, Governors Inn $70.00, Fastenal $466.81, Dakota Fluid Power $2919.00, Carquest $541.70, Dietrich Bus $2150.00, Ameripride $166.45, Fed Signal $12,159.28, Claritus $474.73, Geffdog $271.66, Bill Daschle $100.00, Zachary Kern $300.00, RDJ Spec $364.72, Cummins Central Power $98.54, L Robert Kimball $1350.00, Genius Web $29.97, Pierson Ford $111.14, Schmidt Const $33.46, SD Dept of Public Safety $103.00, Petroleum Partners $963.56:
Professional Fees: Clark Engineering $263.25, Nancy Schlickenmayer $370.00, Avera St Lukes $100.00, witness fees $20.00, Noll Collection $67.81, Donna Dietrich $76.24, Sheriff of Yankton County $50.00, Language Line $90.00:
Publications: Groton Indep $785.78, American News $1200.34:
Court Appointed Attorney: Yankton County $435.50:
Travel: City of Groton $43.29, Jan Weismantel $40.00, Nancy Radke $212.97, Mary Browning $194.26:
Utilities: Alltel $2994.63, Dependable Sanitation $17,493.82, City of Aberdeen $242.34, Northwestern Energy $1046.83, Northern Elec $944.89, City of Hecla $84.55, Qwest $3974.19, Bureau of Admin $393.64:
Care of Poor: Dr/Hospital – 4 recipients- Aberdeen Nephrology $135.73, Avera St Lukes $9377.70, Aberdeen Surgical Assoc $99.86, Aberdeen Internal Medicine $56.51; Burial – 1 recipient – City of Aberdeen $250.00. 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 #12 in amount of $173,815.77 for the Landfill Expansion Project. All members present voting aye. Motion carried.
LEASE AGREEMENT:
Moved by Hansen, seconded by Sutton to approve and authorize the Chairman sign the following agreement: Celebrity Pheasant Hunt for lease of the Fairgrounds Clubhouse on October 30 & 31, 2009, contingent upon the submission of required proof of insurance prior to the event. Roll call vote: Commissioners Hansen-aye, Elliott-aye, Sutton-nay, Wiese-nay, Fischbach-aye. Motion carried.
SURPLUS CASH REPORTS:
Moved by Hansen, seconded by Elliott to approve the following General Fund Surplus Cash Analysis Reports: March 2009 @ $1,433,322.83 (10.88%); September 2009 @ -$1,094,799.21 (-7.66%). All members present voting aye. Motion carried.
CONSOLIDATED BOARD OF EQUALIZATION:
Commissioner Sutton offered the following Resolution:
RESOLUTION NO. 70-09
A RESOLUTION TO ESTABLISH CONSOLIDATED BOARD OF EQUALIZATION
PURSUANT TO SDCL 10-11-66 THROUGH 10-11-77
BE IT RESOLVED by the Brown County Commission, Brown County, SD that a consolidated Board of Equalization as authorized by 10-11-66 shall be established pursuant to the Resolution of the Governing Boards of Brown County, City of Aberdeen, and the Aberdeen School District 6-1. The consolidated Board of Equalization as created by this Resolution shall be authorized to exercise all powers contained in SDCL 10-11.
BE IT FURTHER RESOLVED that three members from the Brown County Commission and one member of the Aberdeen City Council and one member of the Aberdeen School District 6-1 School Board shall constitute a consolidated Board of Equalization as provided by SDCL 10-11-66.
BE IT FURTHER RESOLVED that the Aberdeen City Council, Brown County Commission and the Aberdeen School District 6-1 shall be responsible for the per diem and salary and mileage costs of the respective members that serve on the Consolidated Board of Equalization. Brown County Commission shall be responsible for the ordinary and customary expenses associated with the equalization of property including appeals to the State of South Dakota Office of Hearing Examiners. The financial responsibilities contained in this resolution shall remain unless, either the Aberdeen City Council, Brown County Commission or the Aberdeen School District 6-1 shall request that they be modified prior to December 1st of each year.
THIS RESOLUTION shall be binding upon the Brown County Commission, Brown County, SD and upon each governing body adopting this Resolution according to law.
Seconded by Commission Elliott. Roll call vote: Commissioners Hansen-aye, Elliott-aye, Sutton-aye, Wiese-aye, Fischbach-aye. Resolution adopted.
RESOLUTION OF PROCLAMATION:
Commissioner Hansen offered the following Resolution:
RESOLUTION NO. 71-09
WHEREAS, the residents of Brown County have always honored the sacrifice of the men and women in the Armed Forces; and
WHEREAS, The Silver Star Families of America was formed to make sure we remember the blood sacrifice of our wounded and ill by designating and manufacturing a Silver Star Banner and Flag; and
WHEREAS, The Silver Star Families of America’s sole mission is that every time someone sees a Silver Star Banner in a window or a Silver Star Flag flying, that people remember the sacrifices of the wounded and their families; and
WHEREAS, the residents of Brown County wish that the sacrifice of so many in our Armed forces are never forgotten.
NOW THEREFORE, the Brown County Commission does hereby proclaim May 1st of each year “Silver Star Banner Day” as the permanent and official day to honor the wounded and ill Soldiers of Brown County.
Seconded by Commissioner Sutton. Roll call vote: Commissioners Hansen-aye, Elliott-aye, Sutton-aye, Wiese-aye, Fischbach-aye. Resolution adopted.
ENCROACHMENT EASEMENT:
Moved by Hansen, seconded by Elliott to approve and authorize the Chairman sign Building Encroachment Easement for County owned lots described as Railroad Outlot 5 and 7, as the building owned by Gary Fischer on Railroad Outlot 6 encroaches on the two lots owned by Brown County. All members present voting aye. Motion carried.
DELTA DENTAL RATES:
Moved by Wiese, seconded by Sutton to approve the 2010 Delta Dental Rates for employee dental insurance: $31.40 Single, $59.24 Two-Party and $93.64 Three or more. All members present voting aye. Motion carried.
TIF 5 INCREMENT PAYMENT:
Moved by Sutton, seconded by Wiese to request the City of Aberdeen apportion any and all TIF 5 2009 taxes collected in 2010 exceeding the final TIF 5 Increment payment to all appropriate taxing entities. All members present voting aye. Motion carried.
EM AGREEMENT:
Moved by Wiese, seconded by Hansen to approve and authorize the Chairman to sign FY 2010 (October 1, 2009 – September 30, 2010) Emergency Management State and Local Agreement with the South Dakota Office of Emergency Management. All members present voting aye. Motion carried.
SURPLUS PROPERTY:
Moved by Hansen, seconded by Sutton to declare Decal #2654 Ricoh 450E Copier surplus property for purpose of disposal at the Brown County Landfill. All members present voting aye. Motion carried.
LANDFILL SHOP 5 BUILDING PROJECT:
Moved by Sutton, seconded by Hansen to approve and authorize the Chairman sign Contract Agreement and Notice to Proceed Documents for the Brown County Landfill Shop 5 Building Project with Grey Construction. All members present voting aye. Motion carried.
ABATEMENT:
Moved by Hanson, seconded by Wiese to approve the following Abatement: M&K Investment Company @ $265.53. All members present voting aye. Motion carried.
SPECIAL MALT BEVERAGE HEARING:
Time and place, as advertised for public hearing to consider Special Malt Beverage License application, submitted by Celebrity Pheasant Hunt. Moved by Hansen, seconded by Elliott to approve application for a Special Malt Beverage License, contingent upon the submission of required proof of insurance prior to the event: Celebrity Pheasant Hunt, 124 S 2nd Street, Aberdeen SD – Brown County Fairgrounds (Clubhouse) SW ¼ Sec 1-T123N-R64W (map indicating specific location on file with application), effective October 30 & 31, 2009. Roll call vote: Commissioners Hansen-aye, Elliott-aye, Sutton-aye, Wiese-nay, Fischbach-aye. Motion carried.
ORDINANCE #061 - FIRST READING:
Time and place, as advertised for First Reading of Ordinance No. 061. No one appeared with testimony (written/oral), comments and/or questions for discussion. Moved by Hansen, seconded by Sutton to approve First Reading of Ordinance No. 061, An Ordinance amending Second Revision Brown County Ordinance, Title 4, Chapter 4.28, Section 4.2801 Building Permit Violation. All members present voting aye. Motion carried.
APPLICATION FOR OCCUPANCY:
Moved by Wiese, seconded by Elliott to approve application, submitted by Northern Electric for occupancy of Brown County #7 in Sec 7 & 18-T126N-R60W of the 5th P.M., Brown County, SD to install primary electrical. All members present voting aye. Motion carried.
BRIDGE #278 REPLACEMENT:
Commissioner Sutton offered the following Resolution; and further moved to approve and authorize the Chairman sign the Letting Authorization Document.
RESOLUTION # 72-09
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 #278) BRO 8007(37) PCN H051 SN 07-255-220 Structure 5.5E & o.5N of Columbia over Crow Creek Ditch
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 36.7%. 2) The bridge is not located on a County or Township designated Minimum Maintenance Road. 3) 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: $286,920
Federal Share (80%): $229,536
Local Share (20%): $ 57,384
Proposed Year of Construction: 2010
Dated this 20th day of October 2009.
Seconded by Commissioner Hansen. Roll call vote: Commissioners Hansen-aye, Elliott-aye, Sutton-aye, Wiese-aye, Fischbach-aye. Resolution adopted.
COURTHOUSE WINDOW PROJECT CHANGE ORDER:
Moved by Sutton, seconded by Wiese to approve and authorize the Chairman sign Change Order #1 with House of Glass for Courthouse Window Project awarded August 4, 2009, extending completion date to December 1, 2009. All members present voting aye. Motion carried.
QUOTES – DPM FURNACE PROJECT:
Moved by Sutton, seconded by Hansen to award low quote, submitted by Heartland Heating & Cooling in total amount of $6,268.04 (95% efficiency) for labor and material to remove old and install two new furnaces at the Dacotah Prairie Museum (to be funded in part by DOE stimulus funds); rejecting the following: Jakes Heating & Cooling 95% efficiency @ $7,745.42, 85% efficiency @ $4,493.64; Woodman Refrigeration Inc 95% efficiency @ $6,650.00, 85% efficiency @ $5,100.00; Heartland Heating & Cooling 85% efficiency @ $3,299.76. All members present voting aye. Motion carried.
TOWNSHIP ROAD – BRIDGE AND CULVERT DISCUSSION:
Randy Bretsch, Savo Township, Randy Walter and Larry Stroschein, New Hope Township met to discuss condition of bridges and culverts on township roads, requesting clarification of SDCL 31-14-27 in reference to the definition of construction vs. maintenance. The Commission, with concurrence from the States Attorney and Highway Superintendent will determine on a case-by-case basis. Dennis Feickert was also in attendance.
EXECUTIVE SESSION:
Moved by Elliott, seconded by Hansen to go into executive session for personnel discussion with 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.
FAIR SAND UPDATE:
Larry Gerlach, Fair Manager informed the Commission that replacing the rodeo sand will cost approximately $4,600.00. No decision has been made yet as to how to keep other groups from using the sand.
EXECUTIVE SESSION:
Moved by Sutton, seconded by Wiese to go into executive session for personnel discussion with Larry Gerlach 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.
RECESS:
The Chairman declared the Commission recessed until October 27, 2009.
Maxine Taylor – Brown County Auditor
Published once at the total approximate cost of ______.