OCTOBER 6, 2009 – GENERAL MEETING
The Brown County Commission convened Tuesday, October 6, 2009 at 8:45 A.M. in the Commissioner’s Chambers, Courthouse Annex, Brown County, SD. Present were Commissioners Elliott, Sutton and Fischbach. Absent Commissioners Hansen and Wiese.
MINUTES:
Moved by Elliott, seconded by Sutton to approve the Joint City/County Meeting minutes and the General Meeting minutes of September 29, 2009. All members present voting aye. Motion carried.
CLAIMS:
Moved by Sutton, seconded by Elliott to approve the following claims:
Supplies: SDACO $30.00, Office Equip $421.74, Hewlett Packard $1320.00, Menards $413.52, Central Supply $641.50, Cunningham Elec $1784.11, Sanders Sew ‘N Vac $171.12, Midstates Printing $2911.08, Rushmore Plaza $1110.00, Best Business $13.89, FedEx $18.82, Exec Mgmt $1876.00, Safety Service $505.44, Moore Medical $378.99, Graham Tire $83.52, Trail Chev $99.98, Bob Barker $32.05, Exhaust Pros $28.45, Dave Fair $104.40, Hoven Auto $246.61, Artz Camera $176.50, Pauer Sound $451.42, Parcel Erickson $28.95, Walmart $623.26, Upper Plains $21,744.95, SDDOT $5590.09, Roto Rooter $200.00, Palmer Dist $45.00, North Central Farmers Elev $1901.05, Newman Signs $270.75, Macs $7.14, L&O Acres $1822.71, Hollaway Const $12,959.05, Dean Rogers Auto $450.00, Crawford Trucks $4228.68, Crady’s Radiator $219.43, Butler Machinery $1185.65, Bakken Bldg Maint $500.00, B&B Const $184,873.00, Titan Machinery $2486.12, Dakota Supply Group $3415.54, Midwest Alarm $51.50, Midwest Art Cons $100.00, Kens Superfair Foods $2976.82, Runnings $821.22, Lillian Stone $86.00, Val Dashel $73.00, Heartland Paper $192.57, Diesel Machinery $18.27, Kesslers $40.12, Walmart $207.72, Dakota Electronics $1091.85, Office Max $143.47, Aberdeen C&F $1155.44, LBG $3997.81, North Pine $91,196.68, Schmidt Const $1640.00, HF Jacobs $3528.18, Bricks TV $377.00, Holiday Inn $701.55, Great North American Co $430.60, Commercial Electronics $5208.00, Farnams $157.40, Farm Power $217.39, Erdmann Fuels $959.62, Evergreen Supply $11.90, Macs $47.84:
Professional Fees: Donna Dietrich $96.06, Norma Andersen $24.00, Karen Swanda $24.00:
Publications: American News $46.42:
Transcriptions: Neal Reporting $140.60, Valorie Olson $37.50:
Court Appointed Attorney: Jerry Pollard $65.60:
Travel: Nancy Hansen $246.00, Tom Fischbach $232.14, Maxine Taylor $272.73, Sheila Enderson $152.55, Extension Service $391.17, Gary Vetter $45.51, Rochele Moser $172.00, Scott Meints $172.00, Don Fischer $45.00, Nyle Jensen $45.00, Mike Scott $45.00, Bryan Owens $9.00, John Weig $9.00, Robt Retzer $9.00, Mike Rohrbach $9.00, Roger Johnson $9.00, Merv Heaton $9.00:
Utilities: Northern Valley $292.77, Qwest $46.91, Midcontinent Cable $45.34, Tel Serv $75.00, Town of Frederick $32.25, WEB $126.87, Northwestern Energy $12.42, City of Aberdeen $8098.78:
Care of Poor: Dr/Hospital – 5 recipients-Dental Center $154.00, Avera Family Physicians $720.41, Dr Barry Winkler $16.13, Avera Cardiology Spec $583.20; Rent - 2 recipients- Mary Hofemann $225.00, Dan Brenner $240.00; Utilities – 1 recipient – Northern Elec $198.90; Medication – 1 recipient – Kessler Pharm $207.73; Transportation – 1 recipient – Aberdeen Adv Care $223.84. All members present voting aye. Motion carried.
PERSONNEL:
Moved by Sutton, seconded by Elliott to approve hiring Curtis Brooks as Appraiser in the Director of Equalization Office, effective October 13, 2009 at $13.85 per hour. All members present voting aye. Motion carried.
Moved by Sutton, seconded by Elliot approve the following employee classification changes, effective October 4, 2009: Teri Jondahl from JDC Corrections Officer to JDC Supervisor at $14.18 per hour, Kristal Biegler from JDC Supervisor to JDC Corrections Officer at $15.53 per hour. All members present voting aye. Motion carried.
Moved by Sutton, seconded by Elliott to approve employment of Jeanette Kline in the Register of Deeds Office under the Experience Works Program at no cost to the County. All members present voting aye. Motion carried.
LEASE AGREEMENT:
Moved by Sutton, seconded by Elliott to approve and authorize the Chairman sign agreement with the Aberdeen American News for lease of the Expo Building on June 26-27, 2009. All members present voting aye. Motion carried.
ABATEMENTS:
Moved by Elliott, seconded by Sutton to approve and authorize the Chairman sign the following Solid Waste Abatements: Wanzek Family Limited Partnership @ $3,163.68, Arrow Enterprises @ $2,208.96, Ronald Fischer @ $730.08, Verna Kulm @ $917.28, Aberdeen Lakeside LLP @ $3,538.08, Krueger, Schlepp & Assc @ $37.44. All members present voting aye. Motion carried.
AUDITORS REPORT OF ACCOUNT:
Moved by Sutton, seconded by Elliott to approve the September 2009 Auditor’s Report of Account with the County Treasurer in total amount of $10,804,564.80 (total amount of actual cash @ $3,123.98, Wells Fargo Bank @ $3,621.29, US Bank @ $621,007.44, Dacotah Bank @ $52,691.38, Petty Cash @ $1,800.00, Fund Investments @ $10,119,744.69, Outstanding Checks @ $2,576.02). All members present voting aye. Motion carried.
GRANT REIMBURSEMENT - LANDFILL:
Moved by Elliott, seconded by Sutton to approve and authorize the Chairman sign Payment Request #1 for Solid Waste Grant Program #2009G-RLA-202 for the Landfill Expansion Project, consisting of equipment, office facility and fencing in amount of $44,257.54 from the South Dakota Department of Environment and Natural Resources. All members present voting aye. Motion carried.
CAPITAL ACCUMULATION:
Commissioner Sutton offered the following Resolution:
RESOLUTION #67-09
WHEREAS, SDCL 7-21-51 authorizes the accumulation of funds for capital outlay purposes, and
WHEREAS, Brown County desires to complete Phase III at the Brown County Jail (remodel kitchen, control room, install elevator, excavate old garage and floor system), and
WHEREAS, the total cost for such a facility is extraordinary in nature, exceeding the funding ability of a single-budget year.
NOW, THEREFORE BE IT RESOLVED that a maximum of $1,000,000.00 shall be accumulated over a period not exceeding five years for the completion of Phase III at the Brown County Jail (remodel kitchen, control room, install elevator, excavate old garage and floor system).
Seconded by Commissioner Elliott. Roll call vote: Commissioners Hansen-absent, Elliott-aye, Sutton-aye, Wiese-absent, Fischbach-aye. Resolution adopted.
TEEN COURT JABG NOTICE OF AWARD:
Moved by Elliott, seconded by Sutton to approve and authorize the Chairman sign Notice of Award and Special Conditions document for the Department of Corrections FFY07 JABG Teen Court/Diversion Program Grant - Juvenile Accountability Block Grant in amount of $12,778.00 (90% federal, 10% local), effective October 1, 2009 – September 30, 2010. All members present voting aye. Motion carried.
RELEASE OF STOCKPILE LEASE AGREEMENT:
Commissioner Sutton offered the following Resolution:
RESOLUTION #68-09
WHEREAS, On January 1, 1993, Brown County, South Dakota, acting by and through its Public Works Department, as Grantee (Lessee), and Harley Hall, as Grantor (Lessor), entered into a Stockpile Lease Agreement covering the NW ¼ of 31-124-64; and
WHEREAS, Said Agreement was to last for two years with an option to renew for an unspecified period of time; and
WHEREAS, At the time of execution of the Stockpile Lease Agreement Harley Hall did not own the NW ¼ of 31-124-64; and
WHEREAS, On January 1, 1993, the NW ¼ of 31-24-64 was owned by Edwin E Korab and Esther G Korab; and
WHEREAS, Edwin E Korab died on January 5, 1997, and his joint tenancy interest in said property was terminated in favor of Esther G Korab on or about March 19, 1997.
NOW, THEREFORE, Brown County hereby releases the NW ¼ of 31-124-64 from any and all interest it may have had in said Stockpile Lease Agreement, which was recorded as Instrument No. 183, in Book 112 of Miscellaneous Records at page 509, on March 11, 1993, at 2:23 p.m. with the Brown County Register of Deeds.
Dated this 6th day of October 2009.
Seconded by Commissioner Elliott. Roll call vote: Commissioners Hansen-absent, Elliott-aye, Sutton-aye, Wiese-absent, Fischbach-aye. Resolution adopted.
APPLICATIONS FOR OCCUPANCY:
Moved by Sutton, seconded by Elliott to approve and authorize the Chairman sign application, submitted by Dickey Rural Network for occupancy of Brown County Highway #2 in Sections 6 & 7-T128N-R65W of the 5th P.M., Brown County, SD to install fiber optic cable. All members present voting aye. Motion carried.
Moved by Elliott, seconded by Sutton to approve and authorize the Chairman sign application, submitted by Dickey Rural Network for occupancy of Brown County Highway #3A in Sections 16 & 17-T128N-R65W of the 5th P.M., Brown County, SD to install fiber optic cable. All members present voting aye. Motion carried.
FEDERAL AID – TRAFFIC CONTROL SIGNING:
Commissioner Sutton offered the following Resolution:
FEDERAL AID SURFACE TRANSPORTATION PROGRAM
RESOLUTION #69-09
FOR COUNTY AND URBAN PROJECTS
WHEREAS, Brown County desires the construction and improvement of the road and/or bridge as hereinafter described: Location, Length, Structure Number: Various County Roads. Type of Construction: Traffic Control Signing
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 the 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.
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 project described.
Estimated Cost of Project Including Engineering: $500,000. Proposed Year of Construction: 2010
Dated this 6th day of October 2009.
Seconded by Commissioner Elliott. Roll call vote: Commissioners Hansen-absent, Elliott-aye, Sutton-aye, Wiese-absent, Fischbach-aye. Resolution adopted.
TOWING CHARGE:
Merlin Elsen explained that when several cars were stolen in the spring, the owners of the vehicles were responsible for paying all towing and other charges. It was explained that the only recourse for the owners or victims in such cases is restitution ordered by the Court or a State program that helps crime victims.
PROPERTY TAX:
Jim Dumire questioned the method of collecting property taxes on a property he owned. It was explained that the County follows State law when collecting property taxes.
BID AWARD LANDFILL SHOP 5 BUILDING PROJECT:
Moved by Sutton, seconded by Elliott to accept low bid submitted by Grey Construction for labor and material to complete the Landfill Shop 5 Building Project in amount of $272,500.00 (exception - no windows in overhead doors); rejecting the following: Steel Structures @ $319,500.00, Kyburz/Carlson Construction @ $325,000.00, Zeller Brothers @ $329,552.00, JDH Construction @ $322,000.00.
Moved by Sutton, seconded by Elliott to approve and authorize the Chairman sign Notice of Award with Grey Construction for labor and material to complete the Landfill Shop 5 Building Project. All members present voting aye. Motion carried.
HOSPITAL CLAIMS:
Moved by Sutton, seconded by Elliott to deny payment of the following hospital claims: 28 year old male @ $9,083.86 and 31 year old male @ $2,094.00, as the individuals has not provided sufficient information to determine if indigent. All members present voting aye. Motion carried.
EXECUTIVE SESSION:
Moved by Elliott, seconded by Sutton to go into executive session for personnel discussion with Jeanette Nietert 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 Brown County Commission recessed until October 13, 2009.
Maxine Taylor – Brown County Auditor
Published once at the total approximate cost of ______.