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FEBRUARY 26, 2008 – GENERAL MEETING
Meeting called to order by Chairman Wiese at 8:45 A.M. in the Commissioner’s
Chambers, Courthouse Annex, Brown County, SD. Present were Commissioners Hansen,
Fischbach, Feickert and Knecht.
MINUTES:
Moved by Fischbach, seconded by Hansen to approve the General Meeting minutes of
February 19, 2008. All members present voting aye. Motion carried.
CLAIMS:
Moved by Knecht, seconded by Hansen to approve the following claims:
Supplies: CMRS-FP.. $5000.00, Florida Micro.. $68.60, New Trends.. $392.44,
Penton Tech.. $99.95, SonicWALL.. $335.00, Shafer & Feld.. $332.95, Lien Trans..
$295.00, Aberdeen Plumbing.. $87.26, Crescent Elec.. $87.73, Menards.. $54.21,
Office Equip.. $310.05, Grafix.. $415.31, Eddie’s Northside.. $12.00, Bob
Barker.. $83.85, Double D.. $9308.59, Moore Medical.. $102.92, Lust Chev..
$131.35, Evercom.. $1900.00, Ultramax.. $1131.71, Exhaust Pros.. $24.20,
Aberdeen School Dist.. $6.07, Civic Research Inst.. $169.95, Shell Fleet..
$79.51, HSBC.. $298.08, North Central Leasing.. $3960.00, M-R Signs.. $99.93,
Habecks Radiator.. $142.00, Erdmann Fuels.. $4688.81, Caspers Hwd.. $229.50,
Anderson Ind.. $487.50, Nadric.. $1666.66, Walmart.. $42.57, Kleins.. $24.17,
Great Getaways.. $500.00, SDNA Dist 4.. $800.00, Best Business.. $4720.00,
Language Lines.. $90.00, Hagenmeyer.. $3847.80, B&H Photo.. $2580.00, Mick’s
Scuba.. $7519.72, Command Concepts.. $371.00, Pizza Ranch.. $58.94, SD Dept of
Rev.. $20.00:
Professional Fees: witness fees.. $63.68, Avera St Lukes.. $806.31, Sheriff of
Yankton County.. $323.75:
Attorney Fees: Randy Turner.. $4435.27, Gina Rogers.. $4166.67, William Gerdes..
$4166.67, Kuck Law Office.. $4166.67, Christy Serr.. $4416.67, Gary Mikelson..
282.45:
Publications: American News.. $1287.34:
Travel: Emily Hughes.. $118.40, Mike Wiese.. $280.29:
Transcriptions: Sara Van de Walle.. $50.40:
Utilities: Alltel.. $1012.30, Midcontinent Cable.. $139.15, Verizon.. $21.87,
Northwestern Energy.. $105.24, Montana Dakota.. $28.83, Qwest.. $2499.66,
Northern Elec.. $100.00:
Care of Poor: Dr/Hospital – 5 recipients.. Dr James Weekly.. $112.98, Aberdeen
Family Physicians.. $476.97, Avera St Lukes.. $15389.46; Rent - 3 recipients..
Eddie Falcon.. $216.00, White House Inn.. $198.00. All members present voting
aye. Motion carried.
PERSONNEL:
Moved by Hansen, seconded by Fischbach to acknowledge resignation of Todd Sandal
from Sheriff Department, effective March 1, 2008. All members present voting
aye. Motion carried.
Moved by Hansen, seconded by Knecht to approve hiring Shawn Mestas as full-time
Corrections Officer, effective February 25, 2008 at $12.03 per hour; and approve
hiring Britney Lout, Kimberly Fischbach and Brandy Schwartz as part-time JDC
Officers, effective February 27, 2008 at $10.07 per hour. All members present
voting aye. Motion carried.
Moved by Feickert, seconded by Knecht to approve hiring Deb Heine as guard for
purpose of prisoner transport, effective February 22, 2008. All members present
voting aye. Motion carried.
LEASE AGREEMENTS:
Moved by Knecht, seconded by Fischbach to approve the following agreements for
lease of the Richmond Lake Youth Camp: Melgaard Park Baptist Church on June 22 –
29, 2008, Roncalli High School on September 4 –4, 2008, Camp Good News on July
26 – August 1, 2008; and to approve lease of the Expo Building to American
Cancer Society Relay For Life on June 6 – 7, 2008. All members present voting
aye. Motion carried.
LOTTERY APPLICATION:
Moved by Knecht, seconded by Fischbach to approve the application submitted by
Stratford Community Theater for raffle to be held on March 2, 9 and 15, 2008.
All members present voting aye. Motion carried.
CLAIM ASSIGNMENT:
Moved by Fischbach, seconded by Hansen to approve and authorize the Chairman
sign documentation to assign a claim against an individual to L.F. Noll Inc. for
purpose of collecting a lien. All members present voting aye. Motion carried.
ABATEMENTS – RESCIND:
Moved by Fischbach, seconded by Hansen to rescind action taken on February 19,
2008 in regard to abatements for Nekota Resources, NW Corp and Basin Electric,
as information was not complete. All members present voting aye. Motion carried.
ABATEMENTS:
Moved by Knecht, seconded by Feickert to approve the following abatements: Linda
Storm @ $271.74, Fred Retzlaff @ $85.80, Chad Casey @ $414.77. All members
present voting aye. Motion carried.
FAIR PARTICIPANT AGE:
Moved by Fischbach, seconded by Feickert to require everyone in the pit area and
participants to be at least 18 years of age for the Antique Tractor Pull Events
and the Auto Demolition Derbies held during the Brown County Fair, per
recommendation from insurance carrier. All members present voting aye. Motion
carried.
BID – ASPHALT CONCRETE PLANT MIX:
Time and place, as advertised to open, read and consider bids for furnishing and
delivery of one-year supply of Asphalt Concrete Plant Mix. Moved by Fischbach,
seconded by Feickert to award all of the bids, purchasing various quantities
based on availability and location: Aberdeen Asphalt - Class “D” Type II (1/2
inch) in amount of $49.50 per ton and Class “D” Type I (3/4 inch) in amount of
$49.50 per ton; Lien Transportation - Class “D” Type II (1/2 inch) @ $55.00 per
ton and Class “D” Type II (3/4 inch) @ $55.00 per ton; Serocki Excavating -
Class “D” Type II (1/2 inch) @ $48.50 per ton and Class “D” Type II (3/4 inch) @
$44.80 per ton. All members present voting aye. Motion carried.
BID – GRAVEL:
Time and place, as advertised to open, read and consider bids for furnishing and
delivery of one-year supply of road construction and maintenance gravel
materials. Bids were received from B.W. Morrison Construction, Leola; Trins
Construction, Aberdeen; Violet Dinger, Hecla; Fred Ludwig Trucking, Aberdeen;
Hanlon Brothers, Verdon; Jensen Rock & Sand Inc, Mobridge; H F Jacobs & Son
Construction Inc, Aberdeen. Moved by Feickert, seconded by Knecht to award bids
on Gravel Material, as per tabulation sheet on file in the Auditor’s Office
(available for public inspection Monday – Friday, 8:00 a.m. to 5:00 p.m.). All
members present voting aye. Motion carried.
BRIDGE RE-INSPECTION:
Commissioner Hansen offered the following Resolution:
RESOLUTION NO. 18-08
BRIDGE REINSPECTION FOR USE WITH SDDOT RETAINER CONTRACTS
WHEREAS, Title 23, Section 151, United States Code and Title 23, Part 650,
Subpart C, Code of Federal Regulations, requires initial inspection of all
bridges and re-inspection at intervals not to exceed two years with the
exception of reinforced concrete box culverts that meet specific criteria. These
culverts are re-inspected at intervals not to exceed four years.
THEREFORE, Brown County is desirous of participating in the Bridge Inspection
Program using Bridge Replacement funds.
Brown County requests SDDOT to hire Hofland Engineering for the inspection work.
SDDOT will secure federal approvals, make payments to the Consulting Engineer
for inspection services rendered, and bill the county for 20% of the cost. Brown
County will be responsible for the required 20% matching funds.
There are a total of 107 bridges in Brown County that require inspection.
Dated this 26th day of February 2008, at Aberdeen, SD.
Seconded by Commissioner Feickert. Roll call vote: Commissioners Hansen-aye,
Fischbach- aye, Feickert- aye, Knech-aye, Wiese-aye. Resolution adopted.
EXECUTIVE SESSION:
Moved by Hansen, seconded by Knecht 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.
HOSPITAL CLAIM:
Moved by Hansen, seconded by Knecht to deny payment of the hospital bill for a
37 year old female @ $9,502.61, as the individual has not provided sufficient
information to determine if indigent. All members present voting aye. Motion
carried.
SET HEARING DATE:
Moved by Feickert, seconded by Fischbach to authorize advertising public hearing
to be held at 9:15 a.m. on March 11, 2008 in the Commission Chambers, Courthouse
Annex, Brown County, SD for First Reading of the following: Ordinance No. 051,
An Ordinance to rezone the following property from Chapter 4.06 Agricultural
Preservation District (AG-P) to Chapter 4.10 Lake Front Residential District
(R-3): Lots 1-3 First Subdivision of Bauer’s Outlot 1, Lots 5-9 First
Subdivision of Bauer’s Outlot, Lots 1-6 Second Subdivision of Bauer’s Outlot and
Lot 3 of Bauer’s Third Addition in the SW ¼ of Sec 7-T123N-R65W of the 5th P.M.,
Brown County, SD. All members present voting aye. Motion carried.
PLATS:
Commissioner Knecht offered the following Resolution:
RESOLUTION NO. 19-08
BE IT RESOLVED by the County Commission of Brown County, SD, that the plat
showing “Didreckson’s Outlots 1 and 2 in NW ¼ Sec 26-T123N-R65W 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 Hansen. Roll call vote: Commissioners Hansen-aye,
Fischbach-aye, Feickert-aye, Knecht-aye, Wiese-aye. Resolution adopted.
Commissioner Feickert offered the following Resolution:
RESOLUTION NO. 20-08
BE IT RESOLVED by the Board of Commissioners of Brown County, SD, that the plat
showing “Walberg’s Outlot 2 in the E ½ of Sec 21-T123N-R65W 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 Knecht. Roll call vote: Commissioners Hansen-aye,
Fischbach-aye, Feickert-aye, Knecht-aye, Wiese-aye. Resolution adopted.
Commissioner Knecht offered the following Resolution:
RESOLUTION NO. 21-08
BE IT RESOLVED by the Board of Commissioners of Brown County, SD, that the plat
showing “Beaman Tract 1 in the NE ¼ of Sec 9-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 Fischbach. Roll call vote: Commissioners Hansen-aye,
Fischbach-aye, Feickert-aye, Knecht-aye, Wiese-aye. Resolution adopted.
BUILDING PERMIT FEE SCHEDULE AMENDED:
Commissioner Feickert offered the following Resolution:
RESOLUTION NO. 22-08
WHEREAS, by authority of Chapter 4.26 Second Revision Brown County Ordinances,
the Brown County Commission may alter or amend the schedule of fees, charges and
expenses and a collection procedure for building permits, and
WHEREAS, it has been determined that the fee schedule established by Resolution
No. 47-07, be amended, and
WHEREAS, it has been determined that fees will be based upon a set amount per
thousand based upon value of the unit to be built; and
WHEREAS, it has been determined that a minimum fee be set; and
WHEREAS, it has been determined that a surcharge be charged when a structure is
built prior to obtaining a building permit, and
WHEREAS, it has been determined that an administrative fee be charged when a
structure is built prior to obtaining a building permit.
NOW, THEREFORE BE IT RESOLVED by authority of Chapter 4.26 Second Revision Brown
County Ordinances, the following fee schedule for building permits is hereby
approved and adopted to be effective January 1, 2008:
1 $3.00 per $1,000 of value of unit to be built
2 $5.00 minimum fee
3 .5% (1/2 %) surcharge, if fail to obtain a building permit prior to
construction
4 $50.00 administrative fee, if fail to obtain a building permit prior to
construction
Seconded by Commissioner Fischbach. Roll call vote: Commissioners Hansen-aye,
Fischbach-aye, Feickert-aye, Knecht-aye, Wiese-aye. Resolution adopted.
LANDFILL CONTRACT RENEWAL:
Moved by Feickert, seconded by Knecht to approve and authorize the Chairman sign
renewal option #3 with Dependable Sanitation, effective March 1, 2008 – March 1,
2011 for solid waste and yard waste collection services for the Brown County
container sites, as authorized by initial contract dated January 28, 2002. All
members present voting aye. Motion carried.
LANDFILL AGREEMENT:
Moved by Feickert, seconded by Hansen to approve and authorize the Chairman to
sign agreement with Leggette, Brashears and Graham, Inc. for completion of
ground water monitoring, methane monitoring, storm water monitoring, leachate
monitoring, compost monitoring, and general environmental hydrogeologic
consulting for the existing solid waste site at the Brown County Landfill at
estimated cost of $47,791.00. All members present voting aye. Motion carried.
RECESS:
The Chairman declared the Commission recessed until March 4, 2008.
Maxine Taylor – Brown County Auditor
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