OCTOBER 27, 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 Hansen, seconded by Wiese to approve the General Meeting minutes of October 20, 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 $7,924.58; Treasurer $9,709.44; Data Processing $3,431.02; State’s Attorney $13,160.06; Stop Loss Grant-SA $1,421.05; Maintenance $5,902.84; Assessor $10,181.43; Register of Deeds $6,345.44; Veterans Service Office $3,106.99; GIS $1,921.93; Sheriff $76,610.02; Communications $20,994.58; Welfare $3,144.20; Museum $5,720.52; Fair board $2,072.73; Fairgrounds & Parks $3,982.59; Extension $2,061.60; Weed $3,480.72; Planning & Zoning $1,580.81; Teen Court $557.70; E&D $2,873.62; Highway $34,284.57; Landfill $9,450.81; Matching Benefits FICA..$13,668.35; Medicare $3,196.65; Life $721.36; Dental $4,674.60; Health $72,072.03; Retirement $27,963.53:

Supplies: Brown County Tres $2232.19, Gary’s Engines $59.89, House of Glass $45.00, Nelson Sales $78.00, Gardner Locksmith $11.90, Aberdeen Clean All $1831.00, Central Supply $270.00, Fire Safety First $122.36, Fordham Signs $46.40, Ecolab Pest $261.50, Menards $25.45, Digi Photo $539.95, Willard Sumption $240.50, N Central Farmers Elev $1824.87, Newman Signs $363.03, Am Assoc of Museums $51.69, U of Calif $28.00, SDCAA $90.00, NEAFCS $115.00, MN Fruit Growers $25.00, USPO $840.00, Sewer Duck $4819.00, Gemplers $1029.35, North Pine $122,018.83, Inventory Trading $246.00, Karls $124.00, Claritus $42.49, US Bank $6852.91, Nat’l Emergency Number Assoc $120.00, Frederick Forward $650.00:

Professional Fees: SDACC $13,513.19, NADRIC $1666.66, Donna Dietrich $410.67, Cathy Rehfuss $45.00, Nelva Kooistra $45.00:

Publications: American News $178.36:

Transcriptions: Neal Reporting $106.40, Michelle Gaikowski $41.80:

Court Appointed Attorney: Kuck Law Office $5208.33, Gina Rogers $5208.33, Christy Serr $5458.33, Christopher Dohrer $5458.33, Mikelson Law Office $347.52:

Utilities: Midcontinent Cable $241.67, NW Energy $20.57, Alltel $156.62, Northern Elec $100.00:

Care of Poor: Dr/Hospital –8 recipients- Dakota Imaging $809.27, LCM Pathologists $125.88, Dental Center $105.00, Avera St Lukes $10,910.99, Avera Heart Hospital $6098.05; Utilities – 1 recipient – NW Energy $107.75; Rent – 1 recipient – Zumbaum Property $320.00; Insurance – 1 recipient – OHFS $508.86. All members present voting aye. Motion carried.

PERSONNEL:

Moved by Sutton, seconded by Wiese to approve the following employee step increases, effective November 1, 2009: Mavis Kempf @ $17.44 per hour, Sandra Mielke @ $12.42 per hour, Heidi Fischer @ $12.82 per hour. All members present voting aye. Motion carried.

Moved by Wiese, seconded by Sutton to approve hiring Thomas Del Grosso Jr as a Sobiety 24/7 Program employee, effective October 26, 2009 @ $10.48 per hour. All members present voting aye. Motion carried.

Moved by Elliott, seconded by Sutton to approve hiring Dana Breske as labor Grade 3 Highway Employee, effective November 9, 2009 at $12.43 per hour. All members present voting aye. Motion carried.

BMX LEASE AGREEMENT:

Moved by Sutton, seconded by Hansen to approve and authorize the Chairman sign agreement with Aberdeen Exchange BMX Track #1075 for lease of County owned property located at the Extension/Welfare Complex. All members present voting aye. Motion carried.

LANDFILL EXPANSION PROJECT:

Moved by Sutton, seconded by Wiese to approve and authorize the Chairman sign Payment Request #13 in amount of $122,018.83 for the Landfill Expansion Project. All members present voting aye. Motion carried.

DPM FURNACE PROJECT:

Moved by Hansen, seconded by Elliott to approve and authorize the Chairman sign Contract Agreement for the Brown County DPM Furnace Project with Heartland Heating & Cooling. All members present voting aye. Motion carried.

ABATEMENTS:

Moved by Hansen, seconded by Wiese to approve the following Abatements: Lakeside Estates 2 @ $37.21 each; Ronald Ross @ $21.88 (2008) and $25.81 (2009); Pete Rush @ $42.79. All members present voting aye. Motion carried.

ORDINANCE #061 - SECOND READING:

Moved by Hansen, seconded by Sutton to approve Second Reading and Adoption of Ordinance No. 061, An Ordinance amending Second Revision Brown County Ordinance, Title 4, Chapter 4.28, Section 4.2801 Building Permit Violation. Roll call vote: Commissioners Hansen-aye, Elliott-aye, Sutton-aye, Wiese-aye, Fischbach-aye. Ordinance adopted.

EXECUTIVE SESSION:

Moved by Wiese, seconded by Sutton 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.

RR CROSSING REHABILITATION PP 6176(21):

Moved by Hanson, seconded by Elliott to approve and authorize the Chairman sign Agreement with the SD Department of Transportation to provide the approach work and traffic control for the crossing surface rehabilitation portion of Project PP 6176(21) PCN 01VK Brown County Road 23 (142nd Street) at the north edge of Warner. The estimated 10% County share is $29,600.00. All members present voting aye. Motion carried.

RR CROSSING REHABILITATION PP 6578(01):

Moved by Sutton, seconded by Wiese to approve and authorize the Chairman sign Agreement with the SD Department of Transportation to provide the approach work and traffic control for the crossing surface rehabilitation portion of Project PP 6578(01) PCN 01VJ Brown County Road 14W (135th Street) one mile south of Aberdeen. The estimated 10% County share is $24,500.00. All members present voting aye. Motion carried.

BRIDGE #278:

Moved by Wiese, seconded by Elliott to approve and authorize the Chairman sign temporary construction Easements with Lance and Sharon Hanson, and SD Department of Game, Fish & Parks for Bridge #278, BRO 8007 (37). All members present voting aye. Motion carried.

TREASURER DISCUSSION:

Sheila Enderson, Brown County Treasurer informed the Commission that quotes for a “flat” monthly charge for banking services will be requested for a minimum period of eight months. Quotes due by 5:00 p.m. November 13, 2009. Board concurred.

PLATS:

Commissioner Hansen offered the following Resolution:

Resolution #73-09

BE IT RESOLVED by the Board of Commissioners of Brown County, SD, that the plat showing “Lyle Fritz First Addition in the W ½ of Sec 17-T123N-R62W 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 Sutton. Roll call vote: Commissioners Hansen-aye, Elliott-aye, Sutton-aye, Wiese-aye, Fischbach-aye. Resolution adopted.

Commissioner Sutton offered the following Resolution:

Resolution #74-09

BE IT RESOLVED by the County Commission of Brown County, SD, that the plat showing “Wampler Richmond Lake Subdivision in N ½ Sec 13-T124N-R65W 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 Hansen. Roll call vote: Commissioners Hansen-aye, Elliott-aye, Sutton-aye, Wiese-aye, Fischbach-aye. Resolution adopted.

Commissioner Wiese offered the following Resolution:

Resolution #75-09

BE IT RESOLVED by the County Commission of Brown County, SD, that the plat showing “Skoglund 1st Subdivision in NE ¼ Sec 7-T128N-R60W 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 Elliott. Roll call vote: Commissioners Hansen-aye, Elliott-aye, Sutton-aye, Wiese-aye, Fischbach-aye. Resolution adopted.

Commissioner Sutton offered the following Resolution:

Resolution #76-09

BE IT RESOLVED by the County Commission of Brown County, SD, that the plat showing “Groop 1st Subdivision in SW ¼ Sec 14-T128N-R63W 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 Wiese. Roll call vote: Commissioners Hansen-aye, Elliott-aye, Sutton-aye, Wiese-aye, Fischbach-aye. Resolution adopted.

Commissioner Wiese offered the following Resolution:

Resolution #77-09

BE IT RESOLVED by the County Commission of Brown County, SD, that the plat showing “Hanson’s First Replat in Hanson’s First Subdivision in Bath, 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 Wiese offered the following Resolution:

Resolution #78-09

BE IT RESOLVED by the County Commission of Brown County, SD, that the plat showing “Stange Outlot 1 in SE ¼ Sec 17-T123N-R62W 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 #79-09

BE IT RESOLVED by the County Commission of Brown County, SD, that the plat showing “Liebe Addition in NE ¼ Sec 22-T123N-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 Wiese. Roll call vote: Commissioners Hansen-aye, Elliott-aye, Sutton-aye, Wiese-aye, Fischbach-aye. Resolution adopted.

Commissioner Sutton offered the following Resolution:

Resolution #80-09

BE IT RESOLVED by the County Commission of Brown County, SD, that the plat showing “Bud Smith First Addition in the SE ¼ of Sec 20-T123N-R63W 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 Wiese. Roll call vote: Commissioners Hansen-aye, Elliott-aye, Sutton-aye, Wiese-aye, Fischbach-aye. Resolution adopted.

SD IMAT:

Moved by Wiese, seconded by Sutton to approve and authorize the Chairman sign Acceptance Certificates for Scott Meints and Tom Schmitt to participate on a SD Type 3 Incident Management Assistance Teams (SD IMAT). All members present voting aye. Motion carried.

WEED & PEST SUPERVISOR POSITION:

Mark Hoven and Roger Johnson met with the Commission to discuss the position of Weed & Pest Supervisor. Moved by Elliott to change job description, died for lack of second. The Commission directed Mark Hoven to draft a job description.

EXPENDITURE DISCUSSED:

Larry Gerlach and Kurt Smith met to discuss expenditure from the Fairgrounds budget to sponsor an event held during the 2009 Brown County Fair. The Board authorized payment from Fairgrounds budget.

RECESS:

The Vice Chairman declared the Commission recessed until November 3, 2009.

Maxine Taylor – Brown County Auditor

Published once at the total approximate cost of ______.