Proceedings_Fall River County January 5, 2023

Proceedings

Fall River County Unapproved Minutes of January 5, 2023
The Fall River Board of County Commissioners met in regular session on January 5, 2023. 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 Allen, to approve the agenda, with the addition of the Golden West Quote for the Sonic Wall Renewal and a request for gravel bids.
The meeting was turned over to the Auditor, who asked for nominations for the Chairman of the Board. Nomination was made by Russell, seconded by Allen, for Falkenburg as Chairman.
Motion made by Cope, seconded by Allen, to have nominations cease. Falkenburg is the Chair for 2023. The meeting was turned back to the Chairman of the Board.
Motion made by Falkenburg, seconded by Allen, to nominate Russell as the Vice-Chair.  
Motion made by Cope, seconded by Allen, to have nominations cease. Russell is the Vice-Chair for 2023.
The board reviewed the list of items to approve.
Motion made by Greenough, seconded by Allen, to approve the consent agenda through the indigent burial rate as follows: to approve setting the meeting dates on the 1st and 3rd Thursday of each month; to appoint the Fall River County Herald-Star as the Official newspaper for 2023; to designate three feet of the bulletin board in the courthouse lobby for legal matters and to also post Commission agendas on the ground, side and first floor doors of the courthouse; to set the depositories for the county as First Interstate Bank, First National Bank of Lead, Black Hills Federal Credit Union, Black Hills Community Bank, Liberty National Bank, Schwab Treasury; to set the prisoner care per day at $95.00 and $120.00, as per Sheriff’s Office recommendation; to approve the Monument Health Clinic as the health care facility for the jail, under the direct supervision of Dr. Avery Sides, as primary caregiver for inmates and the Fall River Healthcare Clinic under the supervision of Tina Norton, LPN as the secondary; to approve Tina Norton, LPN as Inmate Contract Nurse, $1,250.00 per month; to set the ride-a-long fee for prisoner and mental health transports at $40.00 per day to Rapid City and $100.00 per day to Yankton and Sioux Falls and to set the Indigent burial rate at $1,900.00.
Motion made by Russell, seconded by Cope, to appoint Joe Allen and alternate Joe Falkenburg to the L.E.P.C. board; to appoint Joe Falkenburg and alternate Heath Greenough to the Weed board; to appoint Les Cope and alternate Deb Russell to the Custer/Fall River Regional Waste Management Board; to appoint Les Cope and alternate Deb Russell to the Black Hills Council of Local Governments Board (6th District of Local Governments); to appoint Heath Greenough and alternate Joe Falkenburg to the Resource, Conservation and Development (R C & D) board; to appoint Joe Allen and alternate Les Cope  to the Western SD Juvenile Services Center Board, to appoint Deb Russell and alternate Joe Falkenburg to the Prairie Hills Transit Board; to appoint Joe Falkenburg and alternate Heath Greenough to the 4-H/Extension Board; and to appoint Deb Russell and alternate Les Cope to the Black Hills Regional Multiple Use Coalition.
Motion made by Russell, seconded by Cope, to approve travel for the county officials to attend meetings of the Black Hills Associations and to request office supervisors to obtain travel approval for all other meetings requiring more than same-day travel; to approve the following resolutions on State Bids, Election fees and mileage and the 2023 elected official salaries resolution for the treasurer, auditor, register of deeds, state’s attorney and sheriff; to approve the following listing: Longevity schedule; 2023 Commission salaries, and the 2023 listing of employee wages, including per diem for the weed board at $25.00 per meeting plus mileage, to set the chairman of the mental health board’s fee of $125.00 per hour; to not rehire any employee who is eligible for and has retirement funds withheld, for a period of 6 months, if that employee has resigned and withdrawn their SD Retirement Funds, unless specifically authorized by the Board; to approve having government agencies notify the county on activities and to appoint Stacey Martin, PIO (Public Information Officer), with Melissa Fleming and Bobbie Janis as assistants:
FALL RIVER COUNTY RESOLUTION #2023-01
 WHEREAS, the Division of Purchasing and Printing of the State of South Dakota has competitively bid state contracts for the purchase of necessary supplies, equipment and materials for state and local governments, and
WHEREAS, the Fall River County Board of Commissioners is authorized to purchase necessary supplies, equipment and materials for its use, and
NOW THEREFORE, BE IT RESOLVED, that the Board of Fall River County Commissioners enter into an agreement with the Division of Purchasing and Printing of the State of South Dakota to purchase equipment, supplies and materials.
Dated this 5th day of January, 2023
/s/Joe Falkenburg, Chairman
Fall River County Commissioners
Attest:
/s/Sue Ganje
Fall River County Auditor
FALL RIVER COUNTY RESOLUTION #2023-02
WHEREAS, pursuant to SDCL 12-15-11, the Board of County Commissioners at their first meeting shall set a fee for Election Board and the mileage rate;
NOW THEREFORE BE IT RESOLVED, that the Fall River County Board of Commissioners have set the FLAT FEE FOR ATTENDANCE OF ELECTION SCHOOL AT $25.00; and
BE IT FURTHER RESOLVED, that the Fall River Board of County Commissioners has set the fee for Election Boards for the Primary and General and all Special Elections as follows:
ALL ELECTION BOARDS WILL RECEIVE A FLAT FEE OF $150.00; SUPERINTENDENTS OF EACH PRECINCT, A FEE OF $160.00; RESOLUTION, ABSENTEE AND PROVISIONAL BOARDS WILL BE SET AT $10.00 PER HOUR, and
BE IT FURTHER RESOLVED, that the Fall River County Commissioners set the mileage rate at $.51 per mile for the transporting of ballots and ballot boxes by the precinct superintendent.
Dated this 5th day of January, 2023.
/s/Joe Falkenburg, Chairman
Fall River County Commissioners
Attest:
/s/Sue Ganje
Fall River County Auditor
FALL RIVER COUNTY RESOLUTION #2023-03
WHEREAS, pursuant to SDCL 7-7-9.1, 7-7-12 and 7-12-15 the Board of Commissioners by Resolution may establish the salary payable to the County Treasurer, County Auditor, County Register of Deeds, County State’s Attorney and County Sheriff; and
WHEREAS, the salary may not be less than the following schedule and is based upon the most recent decennial federal census. The Fall River Census is 7,094.
Treasurer, Auditor, Register of Deeds - Population under 10,000: $33,825.00;
State’s Attorney - Population under 10,000: $37,673.00
County Sheriff – Population under 10,000: $41,256 plus 10% for jail admin
BE IT RESOLVED, that the Fall River Board of County Commissioners set the salaries as follows, effective January 1, 2020:
Treasurer, Teresa Pullen: $51,440.04 (plus $21,335.28 from Oglala Lakota County)
Auditor, Sue Ganje: $63,351.00 (plus $21,335.28 from Oglala Lakota County)
Reg. of Deeds, Mel Engebretson: $58,012.68 (plus $21,335.28 from Oglala Lakota County)
State’s Attorney, Lance Russell: $75,997.56 (plus $29,160.12 from Oglala Lakota County)
Sheriff, Lyle Norton: $74,300.04
Passed and approved this 5th day of January, 2023.
/s/Joe Falkenburg, Chairman
Fall River Board of County Commissioners
Attest:
/s/Sue Ganje
Fall River County Auditor’s Office
Longevity Pay: Longevity pay after 2 years of continuous service with the County, the employee shall be paid $25.00 per month equating to $300.00 per year. After 5 years of continuous service $50.00 per month equating to $600.00 per year. After 10 years of continuous service $75.00 per month equating to $900.00 per year. After 20 years of continuous service $100.00 per month equating to $1,200.00 per year.    
Wages for 2023        Eligible for Longevity    Oglala Lakota County
COMMISSIONERS    Salary
Allen, Joe-Commissioner    $10,200.00
Cope, Les-Commissioner    $10,200.00
Falkenburg, Joe-Commissioner    $10,800.00
Greenough, Heath-Commissioner    $10,200.00
Russell, Deborah-Commissioner    $10,800.00
ELECTED OFFICIALS    Salary        
Engebretson, Melody (Mel)-Register of Deeds    $58,012.68     900.00 per year    $21,335.25
Norton, Lyle-Sheriff    $74,300.04     600.00 per year    
Ganje, Sue-Auditor    $63,351.00     1200.00 per year    $21,335.25
Pullen, Teresa-Treasurer    $51,440.04     600.00 per year    $21,335.25
Russell, Lance-State’s Attorney    $75,997.56         $29,160.00
HOURLY    Hourly, or
    per call/meeting        
Amthor, Cory-Hwy Department    $21.00        
Belt, Isnalawica-Deputy Sheriff    $26.00     300.00 per year    
Birkland, LaVella-Register of Deeds Office    $19.00     600.00 per year    
Blessing, Brett-Hwy Department    $26.50     900.00 per year    
Boche, Carol-State’s Attorney Office    $21.00     600.00 per year    
Buchholz, Martin-Hwy Department    $25.00     900.00 per year    
Costa, Samuel-Hwy Department    $21.75         
Denison, Frances-Assessor’s Office    $22.16     600.00 per year    
Dobbs, Charles-Deputy Sheriff    $24.00        
Eberle, Aaron-Auditor’s Office    $19.08     600.00 per year    
Felde, Michelle-24/7    $16.00        
Fleming, Malachiah-Jailer    $20.00        
Fleming, Melissa-Dispatcher    $26.00     600.00 per year    
Freverty, Jessica-24/7    $16.00        
Gibson, Carlo-Hwy Department    $24.00     600.00 per year    
Hageman, Wayne-Weed Board    $25.00 Per Meeting        
Hansen, Bradley-Jailer    $24.66    900.00 per year    
Harris, Jonathan-Deputy Sheriff    $24.00        
Heronimus, Misty-Treasurer’s Office    $15.50        
Holmes, Chaela-Treasurer’s Office    $16.25        
Hosterman, Rachel-Sheriff’s Office    $18.50     300.00 per year    
Hylle, Amanda-24/7    $16.00         
Janis, Bobbie-Auditor’s Office    $23.12     900.00 per year    
Johnson, James (Cody)-Assessor’s Office    $15.75        
Logue, Vincent-Deputy Sheriff    $27.50     900.00 per year    
Luther, Brandon-Jailer-$23.00     600.00 per year    
Maciejewski, Anna-Nurse’s Office    $19.00     600.00 per year    
Maciejewski, Calvin-Hwy Department    $25.41     1200.00 per year    
Madsen, Alexis-Extension    $15.50        
Madsen, Toni-24/7    $16.00         
Martin, Brian-Hwy Department    $21.00         
Mendez, Jose-Maintenance Office    $20.70     900.00 per year    
Miles, Jay-Hwy Department    $21.75        
Mraz, Jennifer-Coroner    $150.00 Per Call        
Mraz, Jennifer-Dispatcher    $24.50     600.00 per year    
Novotny, Bob-Weed Board    $25.00 Per Meeting        
Oechsle, Kenneth-Weed & Pest    $12.25         
Otteson, Anthony-Jailer    $21.75     600.00 per year    
Petersen Dee, Tamra-Assessor’s Office    $18.25     300.00 per year    
Pokorski, David-Jailer    $23.00    600.00 per year    
Quintana, Veronica-Dispatcher    $21.25        
Raskiewicz, Casey-Hwy Department    $23.50     300.00 per year    
Reis, Abbey-Weed & Pest    $12.00        
Rough Surface, Hayley-Dispatcher    $19.75        
Schmidt, Stacy-Auditor’s Office    $21.97     900.00 per year    
Schubbel, Frederick-Hwy Department    $25.00     600.00 per year    
Shaw, Nikki-Treasurer’s Office    $19.00     600.00 per year    
Sides, John-Weed Board    $25.00 Per Meeting        
Simunek, Trina-Dispatcher    $24.50     600.00 per year    
Stover, Crispeen-Hwy Department    $18.50    300.00 per year    
Timmins, Kathy-Treasurer’s Office    $19.00     600.00 per year    
Tomlinson, Julie-Auditor’s Office    $19.64     600.00 per year    
Tuma, Tyson-Hwy Department    $17.05         
Two Bear, Lynn-State’s Attorney Office    $20.25        
Weishaupl, Carlee-Assessor’s Office    $15.50        
Wilson, Blaine-Deputy Sheriff    $24.00        
Wood, Wesley-Maintenance Office    $18.50     300.00 per year    
Wyatt, Jerry-Weed & Pest    $25.00 Per Meeting        
Zimiga, Austin-Jailer    $22.81     600.00 per year
Motion made by Russell, seconded by Allen, to approve the following salaries for the appointed officials:    
APPOINTED OFFICIALS    Salary    Eligible for Longevity    Oglala Lakota County
Cullen, Dan-Veteran’s Service Officer    $53,880.36     600.00 per year    
Heidebrink, Lillian-Dir. of Equalization    $45,720.12         $14,460.00
Martin, Stacey-GIS    $53,541.84     900.00 per year    
Maynard, Frank-Emergency Manage.    $65,762.64     1200.00 per year    
Seiler, Randy-Hwy Superintendent    $74,010.60     1200.00 per year    
Steinmetz, Nina-Weed Supervisor    $54,901.32     900.00 per year    
Weishaupl, David-Maintenance Super.    $46,480.20     300.00 per year    
With Cope and Greenough voting no, all others voting yes, motion carried.
The minutes of December 29, 2022 were not presented.
Motion made by Russell, seconded by Greenough, Surplus to junk 2 Desks, #00215 and #00227, Auditor’s Office and surplus to sell 4 desks, #02197, #02196, #02194, Auditor’s Office.
No applicants for county assistance met with the board.
Lyle Norton, Sheriff, reported to the Board about the changes to 2023 Fall River County Jail Rates as approved earlier in the meeting.
Motion made by Greenough, seconded by Russell, to approve travel for Norton to attend the SD Sheriff Institute Training, January 23 – January 27, 2023, in Pierre.
Norton reported that there are 7 males and 5 females in the Fall River County Jail, with 1 male and 1 female in the Pennington County Jail, for a total of 14 inmates. Discussion was also held on a training that was to be postponed that Deputy Belt had planned on attending; Norton will bring this item back.
Dave Weishaupl, Building Supervisor, met with the Board. Motion made by Allen, seconded by Cope, to approve the Golden West Quote for a SonicWALL Advance Gateway Security Suite Bundle for NSA 2600, for 1 year, in the amount of $2,505.87.
Discussion was held on propane and typical winter maintenance items.
Teresa Pullen, Treasurer, reported to the Board that 13 parcels are ready for auction after January 14, 2023. Pullen is hopeful that they can have more parcels ready before the end of the year, so another auction can be held.
Discussion was held on 54 mobile home distress warrants that were turned over to Deputy Logue. He is also working with mobile home landlords to help with cleanup. In the past some mobile homes were deemed uncollectable; Pullen would like to pursue this issue more.
Discussion was held on assisting the Auditor’s Office with the collection of liens; Pullen commented that many of these people they are dealing with, on a daily basis at the Treausure’s Office anyway; it wouldn’t add extra burden on the office. Further discussion was held on the Oxnard Hotel in Edgemont; Pullen will have a notice on the next agenda in regard to working with Hustead Law Office on the matter.
Lily Heidebrink, Director of Equalization, reported to the Board about 2023 intentions. Discussion was held on sales studies, the market and full and true values. Double sales are affecting things as well. The Board asked that Heidebrink have Representative Ladner provide an update on things she has been working on in Legislation in regards to assessments and taxes; they would also like a report on how the Solar Farm may affect the neighbors in future assessments.
Lance Russell, State’s Attorney, reported to the Board about revisions that he had made to the Ordinance regarding Medical Cannabis. Discussion was held on making the fee higher and the possibility of not having or limiting certain uses, like cultivation and manufacturing facilities.
Motion made by Greenough, seconded by Cope, to approve setting the 1st Reading on Ordinance #2021-01 Amended for February 2, 2023 at 9:45 a.m.
Cole Romey, Attorney, reported to the Board that he had been in discussion with State’s Attorney Russell regarding the request for maintenance on South Beef Creek Road. They are trying to work out an agreement and will still need to meet with Seiler to look at the road. The Board raised concerns about adding the road for maintenance and what kind of chain reaction it may start; however they would be willing to listen after the road was looked at and possible suggestions were made.
Randy Seiler, Highway Superintendent, met with the Board. Motion made by Russell, seconded by Cope, to set the private road work hearing for February 2, 2023, at 9:30 a.m., as per SDCL 31-11-41 thru 31-11-45.
Discussion was held on having MShaw Training on February 1, 2023. The Oelrichs area has been getting cleared of snow, with wind, areas in Edgemont and Oral need gravel. A large amount of ice has been removed.
Motion made by Russell, seconded by Greenough, to approve advertising for gravel, with Seiler bringing back specs for said advertisement.
Motion made by Allen, seconded by Russell, to approve the bills as follows:
General Fund: Amazon Capital Services, Supply, $358.86; A-Z Shredding Inc, Shredding, $36.80; Colbath & Sperlich, Pc, Caaf/Mag/Juv, $2,312.83; En-Tech Llc, Fumigation, $125.00; Falkenburg, Joe, Mileage 2022, $1,447.99; Fall River County Herald, Publication, $42.00; Greenough, Heath, Mileage 2022, $663.00; Hot Springs Ace Hardware, Supply, $211.16; Lynn’s Dakotamart, Inmate Supplies/Pharmacy November, $1,631.99; Mastercard, County Credit Card, $1,743.10; Meade County Auditor, Inmate Boarding, $80.00; Nicholas Towing, Towing, $185.00; Otis Elevator Company, Service Contract, $467.16; Pennington County Jail, Inmate Medical, $46.49; Pennington County, Mi Qmhp, $100.00; Rushmore Communications, Repairs, $111.20; Russell, Deborah, Mileage 2022, $531.22; Servall, Rug/Uniform Service, $450.72; Skinner, Matthew L. Pc, Caaf/A&N, $6,621.45; Southern Hills Law Pllc, Caaf, $1,225.50; Vanguard Appraisals Inc, 2023 Software License, $13,300.00; Verizon Wireless, Cell Phone Plan, $502.57; Cope, Leslie, Mileage 2022, $856.80; Miles, Sasha, Blood Draw, $75.00; Total For General Fund: $33,125.84
County Road & Bridge: A & B Welding Supply Co., Welding Supplies/Lease, $61.26; Bomgaars, Supply, $254.47; Butler Machinery Co., Supplies/Repairs, $248.29; Floyd’s Truck Center, Repairs/Parts, $479.36; Edgemont, City Of, Utilit, $84.10; Fall River Auto Supply, Auto Parts/Repair, $43.88; Forward Distributing, Supplies/Parts, $125.25; Hot Springs Ace Hardware, Supply, $47.66; Hot Springs Automotive, Auto Supply Parts, $1,074.85; Mastercard, County Credit Card, $14.79; Maverick Tire & Auto, Part, $13.98; Rapid Delivery, Delivery, $37.71; Rushmore Office Supply, Office Supplies, $19.50; Safety-Kleen Systems, Inc, Supplies, $124.47; Total County Road & Bridge, $2,629.57
911 Surcharge Reimbursement: Mastercard, County Credit Card, $6.00; Verizon Wireless, Cell Phone Plan, $41.81; Total For 911 Surcharge Reimbursement: $47.81
Emergency Management: Amazon Capital Services, Supply, $25.60; Mastercard, County Credit Card, $187.00; Verizon Wireless, Cell Phone Plan, $83.62; Total For Emergency Management: $296.22
24/7 Sobriety Fund: Amazon Capital Services, Supply, $80.27; Total For 24/7 Sobriety Fund: $80.27
Courthouse Building Fund: Hot Springs Ace Hardware, Supply, $225.50; Total For Courthouse Building Fund: $225.50
Total Paid Between  12/30/22 And 1/5/23: $36,405.20
Break was taken at 9:44 a.m. and the meeting reconvened at 9:51 a.m.
Public comment was heard from Kim Allen and Mike Molitor against medical cannibas, with Kevin Dalton speaking in favor of medical cannibas. Additional comments were heard from Clark Lee Bergeson about what may or may not be justified as a legal residence.
Garland Goff, Attorney, reported to the Board that Dakota Investment Group, LLC’s request that the Commission find that the circumstances surrounding its variance request have substantially changed, allowing Dakota Investment Group, LLC to reapply for a variance of set-back requirements in Fall River County Ordinance 2021-01 as Amended. Discussion was held as to whether or not there were substantial changes to allow the Dakota Investment Group, LLC to apply again.
Motion made by Allen, seconded by Greenough, to approve that due to substantial change to allow Dakota Investment Group, LLC to reapply for a Medical Cannibas cultivation site. With all voting no, by roll call vote, motion failed.
Motion made by Russell, seconded by Allen, to enter into executive session as per SDCL 1-25-2 (1) for personnel purposes and as per SDCL 1-25-2 (3) for legal purposes at 10:14 a.m. with Sheriff Norton present.
Motion made by Russell, seconded by Allen, to approve the 2023 Fall River and Oglala Lakota Contract and authorize the Chairman to sign.
Motion made by Russell, seconded by Cope, to adjourn at 10:44 a.m.
/s/Joe Falkenburg
Joe Falkenburg, Chairman
Board of Fall River County Commissioners
Attest:
/s/ Sue Ganje
Fall River County Auditor
Published once at the total approximate cost of $364.11
and can be viewed free of charge at www.sdpublicnotices.com
Published: Jan. 19, 2023

Fall River County Herald Star

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