Proceedings_Fall River County November 4, 2021

Proceedings

Fall River County Approved Minutes of November 4, 2021
The Fall River Board of County Commissioners met in regular session on November 4, 2021. Present: Joe Allen, Les Cope, Joe Falkenburg, Heath Greenough, 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, under Fall River County Commission, SD at http://www.YouTube.com.
Motion made by Greenough, seconded by Russell, to approve the agenda as written.
Motion made by Greenough, seconded by Allen, to approve the minutes for October 21, 2021.
Motion made by Russell, seconded by Cope, to approve the pay raise for Lynn Two Bear, 6-month evaluation, $16.00 to $18.00, effective October 21, 2021, as per union contract.
Motion made by Russell, seconded by Cope, to approve travel for Dave Weishaupl to attend Safety Benefits Conference in Pierre and to pick up the heater/air conditioner in Huron, from Federal Surplus Property.
Motion made by Greenough, seconded by Cope, to approve setting a hearing for 2022 Liquor Licenses on November 18, 2021 meeting at 9:30 a.m.
Motion made by Greenough, seconded by Allen, to approve sending a letter to Doug Kinniburgh, Local Government Engineer, SD DOT, on status of SD471 Provo to Igloo project and have the entire Board sign.
Dustin Ross, Andersen Engineers, met with the board. Motion made by Greenough, seconded by Russell, to approve the following resolution:
Fall River County Resolution #2021-61
A Plat of Currie Tract of Country View Subdivision, located in the NW1/4NE1/4 Section 34, T7S, R5E, BHM, Fall River County, South Dakota
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 4th day of November, 2021.
/s/Joe Falkenburg, Chairman
Fall River County Board of Commissioners
Attest:
/s/Sue Ganje
Fall River County Auditor
Motion made by Greenough, seconded by Russell, to approve the following resolution, pending a signature from the South Dakota Department of Transportation:
Fall River County Resolution #2021-62
A Plat of Schultz Tract 1 and Schultz Tract 2, located in the SW1/4 of Section 20 and in the N1/2NW1/4 of Section 29, T8S, R3E, BHM, Fall River County, SD formerly Heidebrink Tract A1, the remainder of Heidebrink Tract A, and the remainder of Heidebrink Tract B
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 4th day of November, 2021.
/s/Joe Falkenburg, Chairman
Fall River County Board of Commissioners
Attest:
/s/Sue Ganje
Fall River County Auditor
Sue Ganje, Auditor, met with the board to present a follow-up on the Safety Benefit’s Improvement Recommendation from the 10-6-21 Property Survey. Storage building - trees have been cut down and repairs made to the gutters; Courthouse - the boiler had been inspected on April 20, 2021 and the certificate has been requested for the file; Edgemont Highway Shop - a tree needs to be removed, with a target date of 2-1-22 to be completed, and Ardmore Hwy Shop - damaged wiring and conduit was replaced on the day of the survey.
Motion made by Russell, seconded by Greenough, to approve the Transcendent Technologies Software License Agreement with the county for Auditor and Treasurer revenues, contingent upon further State’s Attorney review.
The Board complemented the maintenance department on the front steps to the building.
Lance Russell, State’s Attorney, met with the board. Motion made by Greenough, seconded by Allen, to set the deadline for requesting medical cannabis license application(s) for December 1, 2021.
The Hearing on sealed bids for a 3-year land lease, 240 acres in SE1/4, Section 19, W1/2SW1/4, Section 20, all in Township 8 South of Range 3 East, BHM, Fall River County, South Dakota was held. Ben and Becky Reutter submitted a bid for $1,200.00.
Motion made by Russell, seconded by Allen, to accept the only bid from Ben and Becky Reutter, PO Box 140, Edgemont, SD, 57735, in the amount of $1,200.00 annually, for the 3-year land lease on 240 acres in SE1/4, Section 19, W1/2SW1/4, Section 20, all in Township 8 South of Range 3 East, BHM, Fall River County, South Dakota.
The Board reviewed a resolution presented by the State’s Attorney. Motion made by Greenough, seconded by Allen, to approve the following resolution, contingent upon the approval of the Ag Value Committee:
Resolution #2021-60
Fall River County Property Tax Reform Resolution
WHEREAS, the Constitution of the State of South Dakota requires that property be taxed in an equal and uniform manner in proportion to its value; and
WHEREAS, South Dakota’s market value agricultural property tax system did not allow the vast majority of market sales to be used in assessment calculations for determining property taxation in an equal and uniform manner in proportion to its value; and
WHEREAS, the South Dakota State Legislature evaluated and studied the North Dakota agricultural property tax system that based agricultural property taxation on the ability of the land to produce agricultural products; and
WHEREAS, South Dakota Legislature adopted the North Dakota agricultural property tax system concepts that required agricultural land to be assessed on the basis of the productivity and the annual earning capacity of the agricultural land; and
WHEREAS, both North Dakota and South Dakota thereafter used United States Department of Agriculture National Agricultural Statists Service (NASS) data to establish agricultural land productivity and annual earning capacity; and
WHEREAS, Dr. Burton Pflueger of South Dakota State University Department of Economics spear-headed the implementation of the new South Dakota agriculture land productivity taxation system; and
WHEREAS, Dr. Pflueger stated at the July 25, 2013 South Dakota Legislative Ag. Land Task Force Committee that the data needed to be “reliable, replicable data for every county every year.”; and
WHEREAS, NASS statistical standards for publishing county data were not being met in 2012, so the State of North Dakota and North Dakota State University began utilizing United States Department of Agriculture Risk Management Agency (RMA) data to acquire enough data to have statistical integrity in calculating agricultural land productivity and annual earning capacity; and
WHEREAS, USDA RMA data is certified by the agricultural producer under penalty of perjury; and
WHEREAS, the South Dakota Department of Revenue and South Dakota State University continue to use NASS data, even though many years there is not “reliable, replicable [NASS] data for every county every year”; and
WHEREAS, USDA NASS data is not certified by the agricultural producer under penalty of perjury; and
WHEREAS, the South Dakota Department of Revenue “statistically calculates” where there is no NASS crop and non-crop data from a County; and
WHEREAS, the “statistical calculation” resulted in revenue per acre in Pennington County doubling from $73.37 in 2016 to $146.91 in 2017; and
WHEREAS, Governor Dennis Daugaard declared a state of emergency because of drought in Butte, Custer, Fall River, Haakon, Harding, Hughes, Jackson, Jones, Lawrence, Meade, Pennington, Perkins and Stanley Counties in 2016; and
WHEREAS, the Pennington County Commission declared a drought disaster in 2017; and
WHEREAS, the South Dakota Department of Revenue used data from USDA NASS District 40 to “statistically calculate” the doubling of Pennington County’s revenue per acre in 2017; and
WHEREAS, USDA NASS District 40 stretches from the Wyoming border to the Missouri River, including Lawrence, Pennington, Meade, Haakon, Jackson and Stanley Counties; and
WHEREAS, during the 2015 Legislative Session, Dr. Matthew Elliott of South Dakota State University presented the results of a study funded by the South Dakota Legislature to evaluate property tax inequities and potential reforms; and
WHEREAS, Dr. Elliott’s study found that changing “highest and best use” to “most probable use” would likely reduce statewide agricultural land assessments from $52 billion to $46 billion; and
WHEREAS, Dr. Elliott’s study determined that the “most probable use” reforms would likely result in most of the $6 billion in assessment reductions in western South Dakota; and
WHEREAS, Dr. Elliott’s recommended “most probable use” method would add additional data to capture dimensions of “financial feasibility”; and
WHEREAS, Corson, Custer, Fall River, Jackson, Jones, Lyman, Pennington, Perkins and Stanley Counties in western South Dakota are composed of nearly one million acres of National Grasslands that were bought by the Federal Government in the 1930’s to end the dust bowl by returning these lands to “grassland agriculture” and eliminating farming of these submarginal lands; and
WHEREAS, the South Dakota Department of Revenue currently classifies land adjoining these National Grasslands with similar soils as cropable for the purposes of “highest and best use” and taxes these lands as the much higher assessed cropland; and
WHEREAS, Dr. Elliott’s study found that most of the above-mentioned counties in western South Dakota would realize a 50% reduction in agricultural land assessments if the “most probable use method” reforms were adopted; and
WHEREAS, the South Dakota Ag Land Task Force did not adopt or further consider Dr. Elliott’s recommended property tax reforms; and
WHEREAS, South Dakota Representative Trish Ladner has introduced Draft Bill 50 for the upcoming 2022 Legislative Session that designates land that has not been cropped for at least 20 years as non-cropland for purposes of property taxation.
NOW, THEREFORE, BE IT RESOLVED, that the Fall River County Commission respectfully requests that Governor Kristi Noem meet publicly with western South Dakota County Commissioners for the purpose of addressing the profound inequities in the South Dakota agricultural property tax system prior to the 2022 South Dakota Legislative Session.
BE IT FURTHER RESOLVED, that the Fall River County Commission respectfully requests the South Dakota Legislature adopt the property tax reform legislation Draft Bill 50 proposed by State Representative Trish Ladner.
BE IT FURTHER RESOLVED, that the Fall River County Commission respectfully request that the South Dakota Legislature draft and adopt legislation to implement Dr. Elliott’s 2015 property tax reform proposals.
BE IT FURTHER RESOLVED, that the Fall River County Commission respectfully requests that the South Dakota Legislature draft and adopt legislation to incorporate USDA RMA crop production data that North Dakota has already incorporated, into South Dakota property tax productivity system for the purpose of having actual, verifiable production assessment data to ensure the taxpayers of South Dakota that the property tax system has integrity, veracity, and thus, equity and uniformity.
Motion passed and Resolution #2021-60 adopted this 4th day of November, 2021.
/s/Joe Falkenburg, Chairman
/s/Deborah Russell, Vice-Chairwoman
/s/Joe Allen, Commissioner
/s/Les Cope, Commissioner
/s/Heath Greenough, Commissioner
Attest:
/s/Sue Ganje, Fall River County Auditor
With Russell voting no on procedure, all others voting yes, motion carries.
Susie Hayes, Director of Equalization, met with the board to advise that the Vanguard Appraisal Software will need to be renewed by the end of the year to get better pricing; this will be brought to an upcoming meeting. Discussion was also held on moving forward with a better ag land protocol due to the new agriculture law. Hayes discussed a few options, but would like State’s Attorney Russell to also review those options for his opinion. Hayes also recommended contacting the Department of Revenue for their interpretation of the new law.
Brett Blessing, Highway Foreman, met with the board. Motion made by Allen, seconded by Russell, to approve the Northern Truck Equipment Corp. quote for a Monroe 8JRWMBTW 8’ Mid Mount Wing, $14,925.00 and a Monroe MP48R11-1SCT 11’ snowplow, $12,395.00, total of snowplow attachments, for a complete total of $27,320.00. Motion passes by roll call vote.
Motion made by Greenough, seconded by Russell, to approve hiring Samuel Costa, Heavy Equipment Operator, $17.05 per hour, effective November 8, 2021, as per union contract.
Fuel quotes were presented as follows:
10/18/2021 Fuel Quotes -  8,000-Gal #2 Dyed Diesel
Nelson’s Oil & Gas: $2.94/gallon; MG Oil: No Bid; Hi-D-Way: No Bid
Motion made by Russell, seconded by Allen, to approve the low and only bid from Nelson’s Oil and Gas at $2.94 per gallon, for 8,000 gallons of gasoline, for a total amount of $23,520.00.
Motion made by Allen, seconded by Greenough, to approve the Golden West Application for permit to occupy County Highway R-O-W, from an existing vault at the intersection of Angostura Road and Killdeer Road to north approximately 275 feet to the property south property line of 13399 Waterview Rd.
Blessing updated the board that they have been working on road; that the Burdock – Dewey Bridge project is underway, and that the new heater is not hooked up yet at the Ardmore Shop yet. The board agreed that overtime will be paid to Blessing as needed, and further discussion was held on waiting on trucks to be repaired. Discussion was also held on PI in the gravel and need for less fractured rock, along with noting the need to get a few roads back to ’22 feet.
Motion made by Allen, seconded by Russell, to approve the bills as follows:
General Fund: American Family Assurance, American Family Assurance, $510.42; Amazon Capital Services, Supply, $896.44; A-Z Shredding Inc, Shredding, $54.44; Beesley Law Office, Caaf/Mi, $1,336.35; Brumbaugh & Quandahl, P.C., Garnishment, $36.36; Black Hills Energy, Utility Power Electric, $4,451.87; Bomgaars Supply, Supply, $37.94; Boston Mutual Life Ins Co, Life Insurance, $32.76; Cameron, George, Miller, Michael/Cri2, $141.05; Credit Collection Bureau, Collections, $604.18; Delta Dental Plan Of Sd, Delta Dental, $2,494.60; Eftps, Eftps Payroll Taxes, $40,714.82; En-Tech Llc, Fumigation, $410.00; Executive Mgmt Finance, Bit Network Fees, $73.25; Dude Solutions, Inc., Gis Support Contract, $313.85; Fall River Health Service, Inmate Medical, $343.70; Farrell, Farrell & Ginsbach, Caaf, $7,205.17; Schmidt, Stacy, Travel Reimbursement, $60.00; Golden West Technologies, Service/Network/Server, $5,178.04; Heavy Highway Fringe, Insurance Fees, $615.00; Hot Springs Ace Hardware, Supply, $195.27; Hot Springs Automotive, Supply, $36.50; Iowa Laborers District, Health Insurance, $20,669.00; Kluck, Bill, Reimbursement, $138.6.00; Liuna Laborers Local 620, Union Dues, $325.00; Ladner, Patricia, Reimbursement, $116.01; Lynns Dakotamart, Supply, $45.12; Lynn, Jackson, Shultz, A & N, $267.30; Mastercard, County Credit Cards, $1,396.81; Mcleods Office Supply Co., Supply, $274.25; Meade County Auditor, Inmate Housing, $80.00; Messerli & Kramer, Garnishment, $591.66; Nationwide Retirement, Nationwide Retirement, $500.00; New York Life Insurance, New York Life Insurance, $65.00; Norton, Tina, Contract Nurse Inmate, $1,595.00; Child Support Payment, Child Support, $655.00; Pennington County Jail, Transportation, $35.00; Pennington County, Mi, $175.00; Quill Corporation, Office Supplies, $164.06; Reliance Standard Life, Vision Plan, $246.40; City Of Rapid City, Blood Draw, $80.00; Safety Benefits Inc, Registration 2021 Safety Benefits, $65.00; Scovel Psychological, Mental Evaluation, $4,000.00; Sd Retirement System, Sdrs Contribution, $20,427.46; Servall, Rug/Uniform Service, $429.15; Software Services Inc, Software Services, $2,772.00; Soinny’s Super Foods, Supply, $79.90; Spitzer, Kristi, Reimbursement, $19.16; Steven’s Automotive, Service, $89.61; Steven’s Plumbing, Repair, $234.70; United Way Black Hills, United Way Donation, $60.00; Van Diest Supply, Supply, $1,675.00; Verizon Wireless, Cell Phone Plan, $504.25; Warne Chemical & Equip., Supply, $680.17; Wendell’s Garage, Maintenance, $935.86; Behrens, Donna, Mileage Reimbursement, $21.84; Commissioners, October Salaries, $4,100.00; Auditor’s Office, October Salaries, $19,723.00; Auditor’s Office, Overtime, $15.00; Treasurer’s Office, October Salaries, $16,509.35; Treasurer’s Office, Overtime, $314.23; State’s Attorney’s Office, October Salaries, $13,922.35; State’s Attorney’s Office, Overtime, $720.51; Maintenance, October Salaries, $9,464.88; Maintenance, Overtime, $7.03; Assessor’s Office, October Salaries, $17,752.44; Assessor’s Office, Overtime, $15.10; Register Of Deed’s Office, October Salaries, $11,286.26; Veteran’s Service Office, October Salaries, $4,013.36; Gis Office, October Salaries, $3,960.15; Sheriff, October Salaries, $34,180.70; Sheriff, Overtime, $4,575.96; Jail, October Salaries, $24,882.53; Jail, Overtime, $2,212.42; Coroner, October Salaries, $450.00; Nurse’s Office, October Salaries, $4,045.92; Extension Office, October Salaries, $2,788.00; Extension Office, Overtime, $12.00; Weed & Pest Office, October Salaries, $4,162.57; Total For General Fund: $304,269.08
County Road & Bridge: A & B Welding Supply Co., Welding Supplies/Lease, $112.10; Advanced Drug Testing, Random Employee Drug Test, $52.00; American Family Assurance, American Family Assurance, $326.28; Black Hills Energy, Utility Power Electric, $471.90; Bomgaars, Supply, $150.01; Butler Machinery Co., Supplies/Repairs, $2,376.87; Dale’s Tire & Retreading, Tire Parts/Supply, $472.03; Delta Dental Plan Of Sd, Delta Dental, $440.50; Floyd’s Truck Center, Repairs/Parts/Vehicle, $108,843.88; Eftps, Eftps Payroll Taxes, $9,646.58; Forward Distributing, Supplies/Parts, $29.35; Fall River County Herald, Publication, $79.34; Golden West Technologies, Service/Network/Server, $8.50 Grangaard Construction, Argentine Bridge Repair, $59,784.12; Heavy Highway Fringe, Insurance Fees, $150.00; Simon Materials, Sand/Salt Materials, $2,578.39; Hot Springs Ace Hardware, Supply, $4.78; Hot Springs Automotive, Auto Supply Parts, $136.83; Ricoh Usa Inc, Contract Service, $75.00; Iowa Laborers District, Health Insurance, $4,332.00; Kd Contractors Inc, Gravel, $85,624.92; Liuna Laborers Local 620, Union Dues, $150.00; Lawson Products, Supply, $78.19; Lycox Enterprises Inc, Part, $1,341.46; Mastercard, County Credit Cards, $8.79; Menards, Supply, $96.73; Nebraska Child Support, Child Support, $600.00; Hi-D-Way Oil & Gas, Utility, $767.75; Reliance Standard Life, Vision Plan, $18.99; Rapid Delivery, Delivery, $49.95; Rdo Equipment Co, Parts, $1,297.76; Safety-Kleen Systems, Inc, Supplies, $124.47; Sd Retirement System, Sdrs Contribution, $4,890.18; Seiler, Randy, Cellphone Reimbursement, $75.00; Team Laboratory Chemical, Supply, $520.00; Highway Department, October Salaries, $41,904.84; Highway Department, Overtime, $399.25; Total County Road & Bridge: $328,018.74
911 Surcharge Reimbursement: American Family Assurance, American Family Assurance, $67.21; Credit Collection Bureau, Collections, $302.86; Delta Dental Plan Of Sd, Delta Dental, $418.30; Eftps, Eftps Payroll Taxes, $6,427.85; Golden West Technologies, Service/Network/Server, $8.50; Heimgartner, Paula, Uniform Allowance, $181.65; Heavy Highway Fringe, Insurance Fees, $90.00; Iowa Laborers District, Health Insurance, $2,693.50; Liuna Laborers Local 620, Union Dues, $50.00; Mastercard, County Credit Cards, $181.75; Quintana, Veronica, Travel Reimbursement, $168.00; Reliance Standard Life, Vision Plan, $6.33; Sd Retirement System, Sdrs Contribution, $2,784.74; Verizon Wireless, Cell Phone Plan, $41.95; Dispatch, October Salaries, $21,023.62; Dispatch, Overtime, $5,863.99; Total For 911 Surcharge Reimbursement: $40,310.25
Emergency Management: Eftps, Eftps Payroll Taxes, $1,522.75; Golden West Technologies, Service/Network/Server, $8.50; Mastercard, County Credit Cards, $6.00; Sd Retirement System, Sdrs Contribution, $616.82; Verizon Wireless, Cell Phone Plan, $83.90; Fr Emergency Management Office, October Salaries, $5,140.22 Total For Emergency Management: $7,378.19
24/7 Sobriety Fund: Eftps, Eftps Payroll Taxes, $184.46; Quill Corporation, Office Supplies, $132.96; 24/7 Office, October Salaries, $1,205.75; Total For 24/7 Sobriety Fund: $1,523.17
 Total Paid Between 10/22/21 And 11/04/21: $681,499.40
Break was taken at 10:15 a.m. and the meeting reconvened at 10:20 a.m.
Public comment was heard from Susan Henderson on working on the Igloo Bridge and continued concerns with the SD Department of Revenue.
Stacey Martin, GIS, met with the board to present a summary of the Fall River County 2020 census, which showed a total population of 6,973. Martin presented a racial breakdown in the county and discussed at-large status for commissioners versus commissioner districts. The question posed to the commission is whether there is a districting plan that would allow for more minority political success than the current at-large status. Through calculations, Martin has ruled out the possibility for any minority population to have a majority vote in a single-member district as minority populations in the county live intermixed with the majority of the population. Martin did note that there may be communities or groups (non-racial) who feel that the current at-large system has quieted their vote, so recommended setting a public hearing to allow anyone with such concerns to be able to share their thoughts. If an additional hearing is needed, there would still be time to do so before the February deadline.
Motion made by Greenough, seconded by Russell, to approve setting a hearing to allow anyone with concerns over the current at-large system to voice those concerns.
The Board reviewed the Emergency Management report.
Motion made by Allen, seconded by Russell, to enter into executive session as per SDCL 1-25-2 (1) for personnel purposes, as per SDCL 1-25-2 (3) for legal purposes and as per SDCL 1-25-2 (4) for negotiations at 10:30 a.m.
The board came out of executive session at 12:40 p.m.
Motion made by Russell, seconded by Cope, to appoint Liz Allen as Fall River County Coroner.
Motion made by Greenough, seconded by Allen, to appoint Lillian Heidebrink as Director of Equalization, with a starting salary of $40,000.00 per year.
Motion made by Allen, seconded by Russell, to approve using ARPA funds to give all employees $1,000.00, which will be paid out in the November payroll.
Motion made by Russell, seconded by Allen, to adjourn at 12:42 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 $272.79
Published: Nov. 25, 2021

Fall River County Herald Star

EDGEMONT OFFICE: 410 2nd Avenue   Edgemont, SD 57735-0660 | 605.662.7201
HOT SPRINGS OFFICE: 334 S. Chicago St.  Hot Springs, SD 57747 | 605.745.3930
Send news to: news.frcherald@gmail.com Send Ad requests to: ads.frcherald@gmail.com