SEPTEMBER 29, 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.
CAREER ACHIEVEMENT AWARD:
Mike Scott, Landfill Manager presented the SD Solid Waste Management Association Career Achievement Award to Carl Wright, Brown County Landfill Equipment Operator. Landfill Office Manager Don Fischer and Equipment Operators Nyle Jensen, Dennis VanHeerde and Jeff McTague were also in attendance. The Commission congratulated Carl and thanked him for his service to the County.
MINUTES:
Moved by Hansen, seconded by Wiese to approve the General Meeting minutes of September 15, 2009. All members present voting aye. Motion carried.
CLAIMS:
Moved b Elliott, seconded by Sutton to approve the following claims:
Payroll: Commissioners $3,110.60; Auditor $7,724.60; Treasurer $10,245.92; Data Processing $3,431.02; State’s Attorney $12,775.06; Stop Loss Grant-SA $1,421.05; Maintenance $5,832.15; Assessor $9,713.43; Register of Deeds $6,186.43; Veterans Service Office $3,106.99; GIS $1,921.93; Sheriff $75,350.11; Communications $20,922.78; Welfare $3,144.20; Museum $5,720.52; Fair board $2,072.73; Fairgrounds & Parks $4,573.92; Extension $2,061.60; Weed $3,545.93; Planning & Zoning $2,210.81; Teen Court $671.83; EM $2,873.62; Highway $35,415.85; Landfill $9,308.98; Matching Benefits FICA $13,716.97; Medicare $3,208.05; Life $716.87; Dental $4,762.80; Health $72,105.34; Retirement $27,795.09:
Supplies: Brown County $25.89, Jeff Vilhauer $3162.00, West Payment $1221.22, Matthew Bender $57.47, Language Lines $49.30, Office Equip $231.54, Miles Tek $158.97, Heartland Paper $2084.86, Hoven Auto $124.18, Best Business $380.76, Digital Ally $210.00, Bob Barker $589.16, Moore Medical $322.87, Visa $1341.60, DT Pharm $200.26, Hewlett Packard $531.00, Newman Signs $286.92, SDLTAP $70.00, Lien Trans $18,081.73, Howes Oil $15,800.60, GCC Ready Mix $277.50, Farm Power $481.19, Diesel Machinery $1300.00, Cretex $102.00, Carquest $613.93, Outlaw Graphics $90.00, Lawson Products $409.60, Huron Culvert $5413.63, Dakota Riggers $112.31, Bridgestone Firestone $93.00, Barco Products $1876.75, Dex Media $138.00, House of Glass $186.30, Sue Gates $10.94, Advantage Self Storage $1464.00, Midwest Alarm $51.50, Dacotah Prairie Museum $3.96, Brehmer Photo $125.00, AASLH $100.00, Sherri Rawstern $117.37, Dacotah Bank $576.31, Runnings $1014.83, Photo Xpress $94.53, Richard LaQua $250.00, Quality Quick Print $3125.35, B&E Siding $4667.52, Northern Tool $66.59, Macs $61.90, Evergreen Supply $11.90, Hedahls $39.06, Farnams $143.68, NDSU $163.50, Van Diest $5187.08, Holiday Inn $1164.00, Best Western $80.00, Dakota Electronics $1000.00, Office Max $187.79, Richard Hansen $69.78, Geffdog $81.00, TigerDirect $215.85, Robert Kimball & Assoc $276.00, DSS Image Apparel $50.85, Richards & Oliver $77.54, Ramada $3260.00, Performance Ag $2292.00, New Trends $115.00, Ramkota $512.40, Heartland Paper $503.34, Mallory Headsets $544.84, Schwan Elec $798.00, Tel Serv $45.00, GovConnection $1189.47, Central Supply $643.90, Interior Design $69.70, Menards $105.54, Sherwin Williams $45.10, Fire Safety First $5.00, Keeleys $31.20, RDO $1200.00, Brown & Saenger $804.94, North Central Farmers Elev $2972.36, GovConnection $5006.36, Earthgrains $1183.59:
Professional Fees: Nancy Schlickenmayer $167.50, NADRIC $1666.66, Regional Health Hospital $1050.00, Avera Queen of Peace $180.50, Sheriff of Yankton County $50.00, Donna Dietrich $273.78, Marv Ekeren $30.00, Cathy Rehfuss $30.00, SDNA Dist 4 Nurses $900.00, Kristi Spitzer $1000.00, Eide Bailly $243.00, Avera St Lukes $798.00, Dept of Revenue $1762.00, NE Mental Health $219.45, Romeo Ent $1400.00:
Publications: American News $895.31:
Transcriptions: Michelle Gaikowski $122.40:
Court Appointed Attorney: Christopher Dohrer $5458.33, Kuck Law Office $5208.33, Gina Rogers $5208.33, Christy Serr $5458.33, Johnson, Miner, Marlow $157.43, Kabeiseman & Pollard $170.00, Fox, Youngberg & Lewno $193.16:
Travel: Ashby Beckman $76.22, Jan Weismantel $47.25, Charlene Millim $122.84, Dennis Wiedebush $17.76, Troy Knecht $28.86, Duane Jark $26.64, Gary Vetter $48.00, Jerome Streckfuss $28.86, Stanley Beckler $15.54, Patrick Keatts $26.64, Dale Kurth $377.30, Darwin Bettman $59.10, David North $365.30, Jan Beckler $82.26, Carol Sherman $317.35, Sheila Enderson $104.12, Leo Lesher $193.51, Mary Worlie $375.68, Kathy Fischer $442.93, Allan Vietmeier $476.69:
Utilities: Alltel $3384.61, Midcontinent Cable $296.67, Verizon $52.91, NW Energy $19,313.31, Northern Elec $111.50, City of Hecla $77.77, Dependable Sanitation $144.50, Montana Dakota $19.24, City of Aberdeen $2705.31, Qwest $4230.77, Bureau of Admin $480.98:
Care of Poor: Dr/Hospital – 7 recipients- Aberdeen Internal Medicine $41.53, Sanford Medical Center $671.29, Avera St Lukes $6311.35, Dental Center $111.00, Sanford Clinic $33.07, Dr Gerber $945.25, Medical Xray Center $272.48; Rent - 8 recipients- Beachair Ent $260.00, Ray Hollan $300.00, Zumbaum Property $239.00, Lonnie Frost $270.00, Richard Ludwig $195.00, Dalat Ent $260.00, Foxridge Apts $300.00, Tom Hinz $150.00; Utilities –3 recipients – City of Aberdeen $301.65, Bath Sanitary Dist $292.50; Medication – 3 recipients – Kesslers Pharm $205.65, Econofoods Pharm $22.03; Transportation –1 recipient – Brown County $35.14. All members present voting aye. Motion carried.
PERSONNEL:
Moved by Sutton, seconded by Hansen to approve the following employee step increases, effective October 4, 2009: Alan Vietmeier @ $16.12 per hour, Marian Malsam @ $12.36 per hour, Terrence Evans @ $18.24 per hour, Lisa Roach @ $11.88 per hour, Kathy Thompson @ $12.66 per hour, Albert Chagolla @ $12.82 per hour. All members present voting aye. Motion carried.
Moved by Wiese, seconded by Sutton to approve hiring Lorne Serr as Deputy Coroner, effective September 28, 2009 at $150.00 per call. All members present voting aye. Motion carried.
Moved by Wiese, seconded by Sutton to acknowledge resignation of Lisa Roach, effective October 1, 2009. All members present voting aye. Motion carried.
EXECUTIVE SESSION:
Moved by Sutton, seconded by Hansen 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.
MALT BEVERAGE HEARING SET:
Moved by Elliott, seconded by Wiese to authorize advertising public hearing to consider the following application for a Special Retail (On-Off Sale) Malt Beverage License, to be held in the Brown County Commission Chambers, Courthouse Annex at 8:45 a.m. on October 20, 2009: Retail (on-off sale) Malt Beverage License: 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. All members present voting aye. Motion carried.
LANDFILL EXPANSION WETLANDS SEEDING PROJECT:
Moved by Wiese, seconded by Sutton to approve and authorize the Chairman sign Notice of Award, Contract Agreement and Notice to Proceed with J & N Manufacturing for the Landfill Expansion Wetlands Seeding Project. All members present voting aye. Motion carried.
ABATEMENT:
Moved by Sutton, seconded by Elliott to approve the following Abatement: William R Wright @ $149.50. All members present voting aye. Motion carried.
ORDINANCE 061 SET HEARING DATE:
Moved by Wiese, seconded by Hansen to authorize advertising public hearing to be held at 9:00 a.m. on October 20, 2009 in the Commission Chambers, Courthouse Annex, Brown County, SD for First Reading of the following: Ordinance No. 061, An Ordinance to amend Second Revision Brown County Ordinance, Title 4, Chapter 4.28, Section 4.2801 Building Permit Violation. All members present voting aye. Motion carried.
FAIR CONTRACT:
Moved by Wiese, seconded by Sutton to acknowledge contract between Romeo Entertainment Group and Brown County Fair Board to secure entertainment for the 2010 Brown County Fair. All members present voting aye. Motion carried.
REGIONAL AGING COUNCIL (RAC):
Moved by Wiese, seconded by Elliott to appoint Gloriane Yost and Shari Phillips as Brown County Representatives on the Northeast South Dakota Regional Aging Council (RAC) for 2010 and 2011. All members present voting aye. Motion carried.
APPLICATION FOR OCCUPANCY:
Moved by Wiese, seconded by Sutton to approve request submitted by Dalager Engineering Co on behalf of Northern Electric Coop for occupancy of additional sites in the County for inspection and repair of existing utilities (reference Letter # 2109h0901), with the stipulation that Northern Electric cannot cut through any Brown County roads, all repairs must be done by boring under Brown County roads. All members present voting aye. Motion carried.
SHERIFF REPORTS:
Moved by Sutton, seconded by Elliott to approve the following August 2009 Sheriff Reports: Incident and offenses; Prisoner care, JDC, Money deposited with the County Treasurer and Monthly activities. All members present voting aye. Motion carried.
FSA DOCUMENTATION:
Moved by Wiese, seconded by Elliott to approve and authorize the Chairman sign Farm Service Agency (FSA) documents for County owned property at the Landfill. All members present voting aye. Motion carried.
LANDFILL EXPANSION PROJECT:
Moved by Sutton, seconded by Hansen to approve and authorize the Chairman sign Payment Request #11 in amount of $91,196.68 for the Landfill Expansion Project. All members present voting aye. Motion carried.
BID ADDENDUM LANDFILL SHOP 5 BUILDING PROJECT:
Moved by Sutton, seconded by Hansen to approve Addendum #1 that modifies, amends and supplements designated parts of the Contract Documents for the Brown County Landfill Shop 5 Building Project. All members present voting aye. Motion carried.
BID LANDFILL SHOP 5 BUILDING PROJECT:
Time and place, as advertised to open, read and consider sealed bids for the construction of the Brown County Landfill Shop 5 Building Project. Bids were received from the following: Steel Structures, Aberdeen; Kyburz/Carlson Construction, Aberdeen; Grey Construction, Watertown; Zeller Bros, Aberdeen; JDH Construction, Aberdeen. Moved by Hansen, seconded by Wiese to refer all bids to Mike Scott, Landfill Manager and Tom Hurlbert, Hula Design for review and recommendation. All members present voting aye. Motion carried.
Moved by Sutton, seconded by Hansen to award bid to Grey Construction. All members present voting aye. Motion carried. Moved by Sutton, seconded by Hansen to rescind the foregoing motion awarding the bid to Grey Construction and defer decision until later date. All members present voting aye. Motion carried.
PROVISIONAL BUDGET CHANGES:
Moved by Sutton, seconded by Hansen to make the following changes to the 2010 Provisional Budget – increase 311 Current Property Tax Levy to $10,510,643.00; decrease cash balance applied to $1,896,504.74. All members present voting aye. Motion carried.
2010 ANNUAL BUDGET:
Commissioner Sutton offered the following Resolution:
ANNUAL BUDGET FOR BROWN COUNTY, SD
For the Year January 1, 2010 to December 31, 2010
RESOLUTION NO. 57-09
ADOPTION OF ANNUAL BUDGET FOR BROWN COUNTY, SOUTH DAKOTA
Whereas, (7-21-5 thru 13), SDCL provides that the Board of County Commissioners shall each year prepare a Provisional Budget of all contemplated expenditures and revenues of the County and all its institutions and agencies for such fiscal year and,
Whereas, the Board of County Commissioners did prepare a Provisional Budget and cause same to be published by law, and
Whereas, due and legal notice has been given to the meeting of the Board of County Commissioners for the consideration of such Provisional Budget and all changes, elimination’s and additions have been made thereto.
NOW THEREFORE, BE IT RESOLVED, That such provisional budget as amended and all its purposes, schedules, appropriations, amounts, estimates and all matters therein set forth, SHALL BE APPROVED AND ADOPTED AS THE ANNUAL BUDGET OF THE APPROPRIATION AND EXPENDITURES FOR BROWN COUNTY, SOUTH DAKOTA and all its institutions and agencies for calendar year beginning January 1, 2010 and ending December 31, 2010 and the same is hereby approved and adopted by the Board of County Commissioners of Brown County, South Dakota, this 29th day of September, 2009. The Annual Budget so adopted is available for public inspection during normal business hours at the office of the County Auditor, Brown County, South Dakota. The accompanying taxes are levied by Brown County for the year January 1, 2010 through December 31, 2010.
COUNTY TAX LEVIES WITHIN LIMITED LEVY Dollars $’S/1,000
*General County Purposes (10-12-9): $10,451,920 4.56
Library: 33,849 .03
Fire: 24,874 .02
TOTAL TAXES LEVIED BY COUNTY: $10,510,643 4.61
*These amounts include the 25% to be distributed to cities.
Seconded by Commissioner Hansen. Roll call vote: Hansen-aye, Elliott-aye, Sutton-aye, Wiese-aye, Fischbach-aye. Resolution adopted.
12W/385th AVE INTERSECTION PROJECT:
Moved by Sutton, seconded by Wiese to approve and authorize the Chairman sign Payment Request #1 in amount of $184,873.00 for the Highway 12W/385th Ave Intersection Project. All members present voting aye. Motion carried.
Moved by Elliott, seconded by Wiese to approve and authorize the Chairman sign Change Order #1 in amount of $5,583.00 (increase total to $201,676.40) for the Highway 12W/385th Ave Intersection Project. All members present voting aye. Motion carried.
EXECUTIVE SESSION:
Moved by Hansen, seconded by Sutton to go into executive session for personnel discussion with Kim Dorsett and Jan Weismantel 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.
PLATS:
Commissioner Wiese offered the following Resolution:
RESOLUTION NO. 58-09
BE IT RESOLVED by the Board of County Commissioners of Brown County, SD, that the plat showing “Bray Subdivision (includes Dinger Conservation Easement Tract 1) in the NW ¼ of Sec 13-T127N-R61W, Brown County, SD”, having been examined, is hereby approved in accordance with the provisions of SDCL 11-3, and any amendments thereof.
Seconded by Commissioner Sutton. Roll call vote: Hansen-aye, Elliott-aye, Sutton-aye, Wiese-aye, Fischbach-aye. Resolution adopted.
Commissioner Wiese offered the following Resolution:
RESOLUTION NO. 59-09
BE IT RESOLVED by the County Commission of Brown County, SD, that the plat showing “L and L Krause 1st Subdivision in NW ¼ Sec 22-T121N-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: Hansen-aye, Elliott-aye, Sutton-aye, Wiese-aye, Fischbach-aye. Resolution adopted.
Commissioner Wiese offered the following Resolution:
RESOLUTION NO. 60-09
BE IT RESOLVED by the County Commission of Brown County, SD, that the plat showing “Bruckner’s 1st 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 Elliott. Roll call vote: Hansen-aye, Elliott-aye, Sutton-aye, Wiese-aye, Fischbach-aye. Resolution adopted.
Commissioner Hansen offered the following Resolution:
RESOLUTION NO. 61-09
BE IT RESOLVED by the County Commission of Brown County, SD, that the plat showing “Ziegler’s 1st Subdivision in SE ¼ Sec 26-T123N-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 Wiese. Roll call vote: Hansen-aye, Elliott-aye, Sutton-aye, Wiese-aye, Fischbach-aye. Resolution adopted.
Commissioner Sutton offered the following Resolution:
RESOLUTION NO. 62-09
BE IT RESOLVED by the County Commission of Brown County, SD, that the plat showing “J and J Schaunaman 1st Subdivision in NE ¼ Sec 28-T125N-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 Hansen. Roll call vote: Hansen-aye, Elliott-aye, Sutton-aye, Wiese-aye, Fischbach-aye. Resolution adopted.
Commissioner Wiese offered the following Resolution:
RESOLUTION NO. 63-09
BE IT RESOLVED by the County Commission of Brown County, SD, that the plat showing “Campton 1st Subdivision in NW ¼ Sec 9-T124N-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 Hansen. Roll call vote: Hansen-aye, Elliott-aye, Sutton-aye, Wiese-aye, Fischbach-aye. Resolution adopted.
Commissioner Sutton offered the following Resolution:
RESOLUTION NO. 64-09
BE IT RESOLVED by the Board of County Commissioners of Brown County, SD, that the plat showing “Ryan Brick Subdivision in the NE ¼ of Sec 23-T122N-R65W of the 5th P.M., Brown County, SD”, having been examined, is hereby approved in accordance with the provisions of SDCL 11-3, and any amendments thereof.
Seconded by Commissioner Elliott. Roll call vote: Hansen-aye, Elliott-aye, Sutton-aye, Wiese-aye, Fischbach-aye. Resolution adopted.
Commissioner Sutton offered the following Resolution:
RESOLUTION NO. 65-09
BE IT RESOLVED by the Board of Commissioners of Brown County, SD, that the plat showing “Brenner Addition in the SW ¼ of Sec 16-T123N-R64W 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 Elliott. Roll call vote: Hansen-aye, Elliott-aye, Sutton-aye, Wiese-aye, Fischbach-aye. Resolution adopted.
Commissioner Hansen offered the following Resolution:
RESOLUTION NO. 66-09
BE IT RESOLVED by the County Commission of Brown County, SD, that the plat showing “Moen Subdivision in Lot 1 Evelo’s Outlots in SE ¼ Sec 35-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: Hansen-aye, Elliott-aye, Sutton-aye, Wiese-aye, Fischbach-aye. Resolution adopted.
EXECUTIVE SESSION:
Moved by Sutton, seconded by Hansen to go into executive session for personnel discussion with Kim Dorsett and Gary Vetter 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 Wiese, seconded by Sutton to approve employment of June Remien in the Planning & Zoning Department under the Experience Works Program at no cost to the County. All members present voting aye. Motion carried.
EXECUTIVE SESSION:
Moved by Sutton, seconded by Wiese to go into executive session for personnel discussion with Mary Worlie 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.
HEARTLAND GRAIN FUELS CONDUIT FINANCING:
Moved by Wiese, seconded by Sutton to approve and authorize the Chairman sign Restructuring Agreement to cancel all Brown County interest in the Conduit Financing for Heartland Grain Fuels, L.P. All members present voting aye. Motion carried.
EXECUTIVE SESSION:
Moved by Wiese, seconded by Sutton to go into executive session to discuss contract negotiations. All members present voting aye. Motion carried.
The Chairman declared the executive session closed, with no action taken as a result of the discussion.
ADJOURNMENT:
Moved by Wiese, seconded by Sutton to adjourn the Brown County Commission. All members present voting aye. Motion carried.
Maxine Taylor – Brown County Auditor
Published once at the total approximate cost of $192.84.