Fall River County Proceedings_November 5, 2019

Proceedings

Fall River County Unapproved Minutes Of November 5, 2019
The Fall River Board of County Commissioners met in regular session on November 5, 2019. Present: Ann Abbott, Joe Allen, Joe Falkenburg, Paul Nabholz, Deb Russell and Sue Ganje, Auditor.
The Pledge of Allegiance was given, and the meeting called to order at 9:00 a.m.
The agenda was reviewed for conflicts; none were noted. All motions recorded in these minutes were passed by unanimous vote, unless otherwise stated. The full context of the meeting can be found on the county website under Commissioners at http://fallriver.sdcounties.org, or, http://www.Youtube.com, Fall River County Commission SD.
Motion made by Russell, seconded by Nabholz, to approve the agenda, as written.
Motion made by Nabholz, seconded by Allen, to approve the minutes of October 15, 2019.
The board reviewed a letter on the class action lawsuit, regarding underpayment of PILT funds between 2015 and 2017. Payment was made to Fall River in the amount of $18,627.00. Apportionment of those funds will be discussed at the next meeting.
Motion made by Abbott, seconded by Russell, to set the supplement and contingency hearing on November 19, 2019 at 9:30 a.m.
Motion made by Nabholz, seconded by Abbott, to surplus to junk a Microsoft Surface Pro from the Director of Equalization’s office, #02090.
Motion made by Russell, seconded by Abbott, to surplus to trade a Ballot Tabulator, model 650, #1627 and 12 ES & S Automarks, #01218 – #01229, issued by the secretary of state. Express Vote machines will replace the Automarks.
Motion made by Nabholz, seconded by Allen, to purchase a Microsoft Surface Pro 6 Tabulator Model 650 #1627 for $799.00 and pen for $99.00 for the Director of Equalization office.
The board reviewed a letter from the Department of Veterans Affairs on reduced urgent care services. Motion made by Allen, seconded by Abbott, for Allen to write letters of concern on this matter to congressional members. State’s Attorney Ahrendt will assist with the letters.
There were no county assistance or death expense applications.
Frank Maynard, Emergency Management, met with the board. Updates were given on Threat Hazard Identification and Risk Assessment (THIRA), and Battle Mountain Road. Motion made by Russell, seconded by Nabholz, to pay $1,500.00 for maintenance on Battle Mountain Road and have Russell write a letter to the Governor and Game Fish and Park Division on this issue.
Maynard updated the board on training, fires and incidents.
Lyle Jensen, Building Supervisor, met with the board. Motion made by Allen, seconded by Abbott, to approve the Golden West Security total care quote in the amount of $89.00 per month for camera and jail keylocks.
Jensen also updated the board about meetings being viewed on You Tube.
The first reading of an ordinance prohibiting the use of dynamic brake devices was held. Motion made by Allen, seconded by Russell, to approve the first reading of an ordinance prohibiting the use of dynamic brake devices. With Nabholz and Abbott voting no, all others voting yes, by roll call vote, motion carries.
The 2020 liquor and wine hearing was held as advertised. Motion made by Nabholz, seconded by Allen, to approve to approve the 2020 liquor and wine license renewals for the following establishments: Angostura Den Inc. – Liquor; Inferno on the Beach – Wine and Liquor; Coffee Cup Fuel Stop #9 – Wine and Liquor; Dollar General Store #20746 – Wine; Pirates – Liquor; and Stateline Casino Inc. – Liquor. With all voting yes, by roll call vote, motion passes.
The hearing for McCarthy petition to vacate section line was held as advertised with Robert McCarthy and Pat Ginsbach, Attorney, present. Motion made by Allen, seconded by Nabholz, to approve the following resolution:
Resolution #2019 - 37
WHEREAS a public hearing was held on November 5, 2019, pursuant to the provisions of SDCL 31-3-6 and SDCL 31-3-7 to consider a petition to vacate highways; and
WHEREAS, said hearing was for the purpose of determining whether the public interest will be better served by such proposed vacation; and
WHEREAS, the Board finds that the proposed highways to be vacated are not part of the State Trunk or County Highway System, are not located within the corporate limits of any municipality and do not provide access to public lands; and
WHEREAS, the Board finds the public interest will be better served by such proposed vacation,
NOW, THEREFORE, BE IT RESOLVED AND ORDERED, by the Fall River County Board of Commissioners that the following described highways are hereby declared vacated:
A 66’ wide section wide highway between Section 22, Township 7 South, Range 5 East of the Black Hills Meridian, Fall River County, South Dakota and Section 27, Township 7 South, Range 5 East of the Black Hills Meridian, Fall River County, South Dakota, running between McCarthy Tract in Section 27 and Lots 15 and 16 in Section 22, as set forth on the Plat of McCarthy Tract dated October 7, 2016 and filed in the office of the Register of Deeds for Fall River County, South Dakota, in Book XXVII, page 54, beginning at the SE corner of Lot 16 in the NE corner of McCarthy Tract and traveling west to the SW corner of Lot 15 and the NW corner of McCarthy Tract.
AND BE IT FURTHER RESOLVED that this resolution be placed on file with the Fall River County Auditor, and recorded with the Fall River County Register of Deeds.    
Dated: November 5, 2019.
/s/Joe Falkenburg, Chair
Board of Fall River County Commissioners
Attest:
/s/Sue Ganje, Fall River County Auditor
With all voting yes, by roll call vote, motion passes.
Randy Seiler, Highway Superintendent, met with the board. Fuel quotes were presented as follows:
10/28/2019 Fuel Quotes, 8,000 Gal #1/#2 Dyed diesel (50/50 blend): Tanner Fuel, No Bid; Nelson’s Oil & Gas, Inc, $2.58/gallon; MG Oil, $2.48342/gallon
Motion made by Russell, seconded by Abbott, to accept the low bid from MG Oil at $2.48342 per gallon for 8,000 Gal #1/#2 Dyed diesel (50/50 blend) for a total of $19,867.36
Motion made by Nabholz, seconded by Russell, to approve the application from Golden West for permit to occupy county highway right-of-way from intersection of US HWY 18 and Slim Butte Road to bore under Slim Butte Road near this intersection.
Seiler updated the board on activities.
Jerry Kaiser, Butler Machinery, met with the board, to present a quote on a compact track loader. Motion made by Allen, seconded by Abbott, to purchase the Cat 259D3 Compact track loader with 72” brush cutter in the amount of $58,945.00, off of a Sourcewell quote #032119.  With all voting yes, by roll call vote, motion passes.
Falkenburg presented Ann Abbott with a card to thank her for her years of service to the county. Break was taken at 9:50 a.m. and meeting resumed at 10:12 a.m.
Motion made by Russell, seconded by Abbott to pay the bills as follows:
General Fund: Fidelity Sec. Life Ins Co, Eye Insurance, $157.24; American Family Assurance, American Family Assurance, $596.32; AT&T Teleconference, Conference Calls, $66.66; Cura Hospitality, Inmate Food/Supply, $9,460.61; Bob Barker Company Inc, Inmate Supplies, $1,564.83; Beesley Law Office, Caaf/Mi, $5,240.00; Black Hills Chemical, Supply, $749.27; Brumbaugh & Quandahl,P.C., Garnishment, $36.36; Black Hills Energy, Utilty Power Electric, $4,264.42; Boston Mutual Life Ins Co, Life Insurance, $32.76; Breit & Boomsma, P.C., Garnishment, $124.14; Cardmember Service, Cardmember Service, $3,055.32; Century Business Leasing, Copier Lease & Usage, $1,074.92; Cheyenne Sanitation, Sanitation Collection, $371.73; Colbath, Angela M, Caaf/Mag/Juv, $5,990.10; Credit Collection Bureau, Collections, $32.81; Culligan Soft Water, Rental/Supply, $229.58; Delta Dental Plan Of Sd, Delta Dental, $2,551.15; Sd Department Of Revenue, Malt Beverage License, $150.00; Eftps, Payroll Taxes, $31,051.63; Express Collections, Inc., Garnishment, $432.77; Dude Solutions, Gis Support Contract, $253.31; Farrell, Farrell & Ginsbach, Caaf, $6,351.99; Fall River County Herald, Publication, $1,475.76; Fr County Treasurer, First Interstate, $37.10; Fritz, Jim, Pilot, $75.00; Galls, Uniforms, $120.76; Goff, Garland Lee, Caaf/Mi, $6,964.95; Golden West Technologies, Service/Network, $4,709.90; Golden West, Phone Bill/Long Distance, $1,369.70; Hach Company, Parts, $146.19; Heartland Aviation, Inc., Airplane Annual Inspections, $1,326.23; Heavy Highway Fringe, Insurance Fees, $585.00; Hills Edge Auto Sales, Car Maintenance, $48.78; Hope Counseling, Mental Illness, $700.00; Hot Springs Ace Hardware, Supply, $356.14; City Of Hot Springs, City Water Bill, $866.99; Iowa Laborers District, Health Insurance, $19,002.00; Inventory Trading Company, Uniforms, $485.00; Liuna Laborers Local 620, Union Dues, $325.00; Lakota Contracting, Inc., Uniforms, $450.90; Lynn’s Dak. Mart Pharmacy, Inmate Pharmacy, $222.65; Macnally Law Office, Caaf, $2,261.00; Mailfinance, Postage Machine Lease, $760.80; Marketlab Inc, Supply, $288.06; Mastel, Bruce, Database Setup And Monitoring, $35.00; Microfilm Imaging Systems, Scanning Equip Lease, $202.50; Nationwide Retirement Sol, Nationwide Retirement, $29.42; Neofunds, Postage, $1,055.86; New York Life Insurance, New York Life Insurance, $65.00; Norton,Tina, Contract Nurse Inmate, $1,375.00; Nutrien Ag Solutions, Supply, $2,077.50; Child Support Payment Cnt, Child Support, $655.00; O’Neill, Justin, Caaf, $1,686.08; Pennington County Jail, Inmate Transport, $311.60; Penn County Sheriff, Tax Deed Served, $4.30; Pj’s Hi-D-Way, Utility, $6,977.60; Quill Corporation, Office Supplies, $607.68; Rakness, Elizabeth, Reimbursment, $28.69; Rapid City Journal (The), Advertising/Proceedings, $849.40; South Dakota St Treasurer, Sales Tax, $107.83; Sdacc, 4Th Qtr Catastrohpic, $1,832.00; Sd Dept Of Ag, Supply, $550.00; Sd Dept Of Revenue, Auto/Mi State Remitt , $3,270.38; Sdsu West River Ag Center, Mileage Reimbursement, $226.53; Sdml Workers Compensation, Sdml Workmans Comp, $26,965.29; Sd Office Of Child & Family,  Quarterly Public Hearing, $1,563.50; Sd Retirement System, Sdrs Contribution, $16,241.73; Servall, Rug/Uniform Service, $597.36; Software Services Inc, Software Service, $1,040.00; Sonny’s Super Foods, Jail Supplies, $147.86; Sd Supplement Retirement, Sdrs Sup Retirement, $1,300.00; Southern Hills Fire, Annual Fire Extingusher, $305.75; Tulsa County Sheriff, Tax Deed Served, $50.00; United Way Black Hills, United Way Donation, $37.00; Vanway Trophy, Supply, $61.20; Verizon Wireless, Cell Phone Plan, $707.74; Behrens, Donna, Mileage Reimbursement, $2.10; Witness, Juror Mileage, $25.20; Commissioners, October Salaries, $4,100.00; Auditor’s Office, October Salaries, $14,314.20; Auditor’s Office, Overtime, $12.53; Treasurer’s Office, October Salaries, $11,697.45; Treasurer’s Office, Overtime, $14.91; State’s Attorney’s Office, October Salaries, $10,600.45; State’s Attorney’s Office, Overtime, $311.60; Maintenance, October Salaries, $9,360.37; Maintenance, Overtime, $57.06; Assessor’s Office, October Salaries, $14,675.83; Assessor’s Office, Overtime, $63.00; Register Of Deeds Office, October Salaries, $6,143.44; Register Of Deeds Office, Overtime, $4.97; Veteran’s Service Office, October Salaries, $3,426.68; Gis Office, October Salaries, $3,373.47; Sheriff, October Salaries, $28,434.31; Sheriff, Overtime, $4,311.18; Jail, October Salaries, $16,814.54; Jail, Overtime, $1,624.00; Coroner, October Salaries, $450.00; Nurse’s Office, October Salaries, $3,131.36; Extension Office, October Salaries, $3,025.60; Extension Office, Overtime, $49.64; Weed & Pest Office, October Salaries, $3,608.39; Total For General Fund: $327,012.91
County Road & Bridge: A & B Welding Supply Co.; Welding/Supplies Lease, $15.16; Advanced Drug Testing; New Employee Drug Test, $78.00; Fidelity Sec. Life Ins Co; Eye Insurance, $71.70; American Family Assurance; American Family Assurance, $350.88; B H Electric Coop Inc.; Utilities Smithwick, $35.15; Baker Mudjacking, Llc; Pumped Concrete, $2,884.20; Barker Concrete & Const; Interest, $1,079.29; Black Hills Chemical; Supply, $154.94; Bierschbach Equipment; Rentall Drill Tool, $948.95; Big Tex Trailer World; Supply, $219.99; Black Hills Energy; Utility Power Electric, $586.41; Black Hills Power Equip; Supply, $28.80; Brosz Engineering, Inc.; Engineering, $5,480.00; Builder’s First Source; Supply, $37.80; Butler Machinery Co; Supplies/Repairs, $232.56; Cardmember Service; Cardmember Service, $1,183.83; Cheyenne Sanitation, Sanitation Collection, $74.00; Corr Construction Service Bridge Repair, $113,071.70; City Of Edgemont, City Of Edgemont Water, $80.60; Dale’s Tire & Retreading, Tire Parts/Supply, $1,342.74; Delta Dental Plan Of Sd, Delta Dental, $485.40; Diesel Machinery, Inc, Repairs, $7,918.88; Floyd’s Truck Center, Repairs/Parts, $1,170.79; Eftps, Payroll Taxes, $8,844.03; Forward Distributing, Supplies/Parts, $70.05; Fall River County Herald, Publication, $84.32; Godfrey Brake Service, Parts, $282.84; Golden West, Phone Bill/Long Distance, $261.88; Heavy Highway Fringe, Insurance Fees, $150.00; Simon Materials, Gravel, $7,411.49; Hillyard/Sioux Falls, Supply, $24.17; Hot Springs Ace Hardware, Supply, $253.78; Hot Springs Automotive, Auto Supply Parts, $835.52; City Of Hot Springs, City Water Bill, $464.99; Ricoh Usa Inc, Contract Service, $75.00; Iowa Laborers District, Health Insurance, $3,520.00; Liuna Laborers Local 620, Union Dues, $125.00; Lawson Products, Supply, $354.60; Mg Oil, Inventory/Supply, $20,957.52; Nebraska Salt & Grain, Salt Supply Highway, $2,322.20; Newman Traffic Signs, Signage, $170.10; Pacific Steel & Recycling, Supply, $473.86; Plumdone Company, Supply, $400.32; Rapid City Journal (The), Advertising/Proceedings, $42.21; Rapid Delivery, Delivery, $31.06; Rdo Equipment Co, Supply, $2,719.82; Runnings Farm & Fleet, Supply, $24.99; Rushmore Communications, Em Radio, $264.18; Safety Kleen, Supplies, $680.72; South Dakota St Treasurer, Sales Tax, $5.46; Sdml Workers Compensation, Sdml Workmans Comp, $17,313.99; Sd Retirement System, Sdrs Contribution, $4,252.12; Seiler, Randy, Cell Phone Reimbursement, $75.00; Steven’s Automotive, Tire Repair, $74.00; Summit Signs & Supply Inc, Supply, $400.00; Time Equipment Rentals, Rental, $428.98; Ulberg, Darwyn, Clothing Allowance, $150.00; Highway Department, October Salaries, $38,655.32; Highway Department, Overtime, $398.71; Total For County Road And Bridge: $250,130.00
911 Surcharge Reimbursment: Fidelity Sec. Life Ins Co, Eye Insurance, $14.62; Cardmember Service, Cardmember Service, $165.60; Century Business Leasing, Copier Lease & Usage, $74.87; Credit Collection Bureau, Collections, $302.86; Delta Dental Plan Of Sd, Delta Dental, $472.85; Eftps, Payroll Taxes, $3,780.79; Golden West, Phone Bill/Long Distance, $793.73; Heavy Highway Fringe, Insurance Fees, $75.00; Iowa Laborers District, Health Insurance, $1,760.00; Inventory Trading Company, Uniforms, $130.00; Liuna Laborers Local 620, Union Dues, $50.00; Portfolio Recovery Assoc., Garnishment, $149.10; Quill Corporation, Office Supplies, $29.99; Sdml Workers Compensation, Sdml Workmans Comp, $174.14; Sd Retirement System, Sdrs Contribution, $1,987.00; Verizon Wireless, Cell Phone Plan, $44.61; Dispatch, October Salaries, $15,387.56; Dispatch, Overtime, $1,170.83; Total For 911 Surcharge Reimbursment: $26,563.55
Emergency Management: Cardmember Service, Cardmember Service, $304.28; Eftps, Payroll Taxes, $1,488.32; Golden West Technologies, Service/Network, $8.50; Golden West, Phone Bill/Long Distance, $152.30; Neofunds, Postage, $1.00; Sdml Workers Compensation, Sdml Workman’s Comp , $1,372.61; Sd Retirement System, Sdrs Contribution, $617.69; Verizon Wireless, Cell Phone Plan, $92.57; Fr Emergency Management Office, October Salaries, $5,934.69; Total For Emergency Management: $9,971.96
 L.E.P.C. Grant (Fed/State Grants): Pudwill, Norman, Surveyor, $75.00; Bastian, Tracy, Pilot, $125.00; Total For L.E.P.C. Grant (Fed/State Grants): $200.00
24/7 Sobriety Fund: Eftps, Payroll Taxes, $313.34; Origin Diagnostics Llc, 24/7 Supplies, $2,080.00; Sdml Workers Compensation, Sdml Workman’s Comp, $208.97; Sd Retirement System, Sdrs Contribution, $48.26; 24/7 Office, October Salaries, $2,058.88; Total For 24/7 Sobriety Fund: $4,709.45
M & P Relief: Microfilm Imaging Systems, Scanning Equip Lease, $165.00; Total For M&P Relief: $165.00
Total Paid Between 10/16/19 And 11/5/19: $618,752.90
Public comment was heard from Sheriff Bob Evans, Ann Abbott, and Trudy Dibble. Discussion was held on inmates, the US Marshall Service and best wishes were given to Abbott.
Dustin Ross, Andersen Engineers, met with the board. Motion made by Allen, seconded by Abbott, to approve the following resolution:
Fall River County Resolution #2019-38
A plat of Ollie Oaks Tract of Block E of Country Club Estates Subdivision, Located in the SW1/4SE1/4 Section 22, T7S, R5E, BHM, Fall River County, South Dakota
Formerly Moss Tract and Lot 12
WHEREAS, there has been presented to the County Commissioners of Fall River County, South Dakota, the within plat of the above described lands, and it appearing to this Board that the system of streets conforms to the system of streets of existing plats and section lines of the county; adequate provision is made for access to adjacent unplatted lands by public dedication or section line when physically accessible; all provisions of the county subdivision regulations have been complied with; all taxes and special assessments upon the property have been fully paid; and the plat and survey have been lawfully executed; now and therefore,
BE IT RESOLVED that said plat is hereby approved in all respects.
Dated this 5th day of November, 2019.
/s/Joe Falkenburg
Fall River County Board of Commissioners
Attest:
/s/Sue Ganje
Fall River County Auditor
Paul Nabholz, Commissioner, met with the board. Discussion was held on attending the LTAP meeting; the Governor’s Office of Economic Development meeting; a letter Nabholz received from Assistant Attorney General Steven R. Blair and the contracts between Fall River and Oglala Lakota Counties. The Black Hills Council of Local Government and the tax deed list including Edgemont properties were also discussed. More discussion will be held at the next meeting on the tax deed list.
Discussion was held on the pros and cons of having a full time state’s attorney with current State’s Attorney, Brian Ahrendt. More discussion and a possible decision will be made at the next meeting.
Erin McGlumphy, 4-H and Extension, met with the board and presented her quarterly report.
Break was taken at 10:52 a.m.
Motion made by Abbott, seconded by Allen, to enter executive session as per SDCL 1-25-2 (1), SDCL 1-25-2 (3) and SDCL 1-25-2 (4) for personnel, legal and negotiation purposes at 10:56 a.m. There are no action items when the board comes out of executive session other than to recess for lunch.
The board came out of executive session at 11:32 a.m.
The chairman declared the board in recess for lunch.
The board reconvened at 1:16 p.m.
Motion made by Nabholz, seconded by Russell, to enter executive session as per SDCL 1-25-2 (1) for personnel reasons at 1:16 p.m. for interviews.
The board came out of executive session 3:38 p.m.
Motion made by Russell, seconded by Nabholz, to appoint Heath Greenough to fill the vacancy on the board, effective immediately. With all voting yes, by roll call vote, motion carries.
Motion made by Russell, seconded by Nabholz, to adjourn at 3:37 p.m.
/s/ Joe Falkenburg
Joe Falkenburg, Chairman
Board of Fall River County Commissioners
Attest:
/s/ Sue Ganje
Sue Ganje, Fall River County Auditor
Published once at the total approximate cost of $218.61
Published: Nov. 21, 2019

Fall River County Herald Star

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