Proceedings

Fall River County Unapproved Minutes of February 2, 2023
The Fall River Board of County Commissioners met in regular session on February 2, 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; Greenough noted a conflict with the pay raise for Malachiah Fleming. 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 Russell, to approve the minutes of January 19, 2023, with the correction of the Gravel Bid Hearing to be on February 16, 2023, not February 2, 2023.
Motion made by Greenough, seconded by Russell, to surplus to junk #02131, a street crosswalk sign, from Maintenance.
Motion made by Russell, seconded by Allen, to amend the January 5, 2023 minutes to reflect Hayley Rough Surface as Jailer, rather than Dispatcher.
Motion made by Russell, seconded by Allen, to adjust Malachiah Fleming to $20.25 per hour and Anthony Otteson to $22.25 per hour, to Grade (II) from (III), effective December 21, 2022, as per union contract. With Greenough abstaining, all others voting yes, motion carried.
Motion made by Greenough, seconded by Russell, to approve setting a hearing for The Lodge at Angostura, LLC for a Retail (on-off sale) Malt Beverage and SD Farm Wine and a Retail (on-off sale) Wine and Cider, on February 16, 2023, at 9:25 a.m.
There were no applicants for county assistance.
Lyle Norton, Sheriff, reported to the Board that there are 9 males and 3 females in the Fall River County Jail, with 1 male and 1 female in the Pennington County Jail.
Norton advised the Board of two sessions of Control Tactics Training at the South Annex on February 17 – February 18, 2023 and March 17 – March 18, 2023 for Fall River County Sheriff’s Office and Hot Springs Police Department. Chief Deputy Belt will instruct the training.
Motion made by Greenough, seconded by Allen, to approve hiring part time help in Dispatch.
Motion made by Greenough, seconded by Allen, to approve travel for Charles Dobbs, Deputy, to Criminal Interdiction Training, Pierre, SD, March 27 – March 29, 2023.
Norton reported to the Board that they are working on changes to the employment screening process; this will bring some additional costs to the County; however, it will hopefully help to retain employees. Norton also spoke of starting to revamp the clothing allowance; both items will help to modernize the department.
Frank Maynard, Emergency Management, met with the Board. Motion made by Allen, seconded by Greenough, to approve the following resolution:
Fall River County
Disaster Declaration Resolution 2023-07
WHEREAS, Fall River County, South Dakota has suffered damage and loss due to the blizzard December 12th through December 16th, 2022, and
WHEREAS, the Fall River County Board of Commissioners resolve that these conditions constitute a disaster of such severity and magnitude that effective response is beyond the capabilities of the County and there are not enough resources locally available to alleviate the damage and economic chaos resulting from these conditions; and
WHEREAS, Fall River County may not have the financial resources to respond to the results caused by this disaster; and
WHEREAS, the Fall River County Board of Commissioners is aware of loss to the agricultural community, and loss of electricity and other fundamental infrastructure; and
WHEREAS, outside resources are required to repair roads and other critical infrastructure.
NOW THEREFORE, BE IT RESOLVED, the Fall River County Board of Commissioners, South Dakota declare an emergency, and
BE IT FURTHER RESOLVED, we the Fall River Board of Commissioners, South Dakota respectfully petition the Governor of the State of South Dakota and the President of the United States to insure the maximum amount of assistance is made available to local governments, business and residents affected.
Dated this 5th day of January, 2023
/s/Joe Falkenburg, Chairman
Fall River County Commissioners
ATTEST:
/s/Sue Ganje
Fall River County Auditor
Maynard requested a cell phone for newly hired Gary Baker; the Board asked that he bring the item back when he had prices and more information.
Motion made by Allen, seconded by Greenough, to approve travel for Gary Baker to attend EM101 training in Pierre, SD, March 9, 2023.
Maynard also reported on fires and incidents.
Stacey Martin, GIS, reported to the Board the annual report on taxes, taxable value and mill levies, and the new housing report. There has been growth in the County, causing increases in residential taxing areas. Further information is posted on the County website.
Dave Weishaupl, Building Supervisor, met with the Board. Motion made by Russell, seconded by Allen, to approve the Golden West Quote for a HP ProDesk 400 G6 Desktop Mini, in the amount of $1,426.92.
Motion made by Greenough, seconded by Allen, to approve the Golden West Quote for 2 Axis P3265-LV fixed dome 2.1 MP cameras, in the amount of $1,399.40.
Discussion was held on jail plumbing; the Board advised Weishaupl to get a quote to replace existing plumbing. This may help to make a better decision on replacing existing plumbing or building a new jail.
The Private Road Work Hearing was held as advertised. Motion made by Greenough, seconded by Allen, to continue with private road work services, as per SDCL 31-11-41 thru 31-11-45, to be used only in emergency situations when other contractors are not available, and set the fee at $175.00 per hour.
Randy Seiler, Highway Superintendent, met with the Board and presented propane and fuel quotes as follows:
1/23/2023 - Propane Quotes Ardmore - 500-Gal Propane,
Hi-D-Way: $2.29/gallon
Nelson’s Oil and Gas: $2.59/gallon
Dakota Propane: No Bid
1/23/2023 - Propane Quotes Hot Springs - 1,000-Gal Propane
Hi-D-Way: $2.29/gallon
Nelson’s Oil and Gas: $2.39/gallon
MG Oil: No Bid
1/23/2023 - Fuel Quotes - 8,000-Gal Gasoline
Nelson’s Oil and Gas: $3.52/gallon
Hi-D-Way: No Bid
MG Oil: No Bid
Motion made by Russell, seconded by Allen, to approve the low bid from Hi-D-Way for 500 gallons of propane at Ardmore Shop, at $2.29 per gallon and for 1,000 gallons of propane at the Hot Springs Shop, at $2.29 per gallon, for a total of $3,435.00.
Motion made by Cope, seconded by Russell, to approve the low bid from Nelson’s Oil and Gas for 8,000 gallons of gasoline, at $3.52 per gallon, for a total of $28,160.00.
Motion made by Russell, seconded by Allen, to approve travel for Seiler to attend the SDACHS 2023 Short Course, Deadwood, March 21 – March 23, 2023.
Seiler stated the gravel and road grader school provided by LTAP will be on March 8, 2023, at 8 a.m. It will be held at the South Annex.
Seiler updated the Board that he had been working with Stacey Martin to create a map of the roads that Seiler would recommend as secondary roads or roads that are minimum or no maintenance. Seiler would like things to mimic how the State classifies roads, but still make things workable for the County and would like Commissioner input on roads that they would like to see added or removed. State’s Attorney Russell would like to put a notice in the paper, hold a public hearing and write a resolution to proceed forward and to help finalize the matter; he would also like Seiler to find out more information from other counties on minimum maintenance standards.
The first reading of Medical Marijuana Ordinance #2021-01 Amended was held as advertised. Motion made by Cope, seconded by Greenough to approve increasing the fee to $25,000.00 and only allowing for 1 dispensary, with no cultivation, testing and product manufacturing. Cope and Greenough rescinded their motion to define which draft with further detail.
Motion made by Cope, seconded by Greenough, to approve Draft 3 of Medical Marijuana Ordinance #2021-01 Amended, to include increasing the fee to $25,000.00 and only allowing for 1 dispensary, with no cultivation, testing and product manufacturing. With Falkenburg voting no, all others voting yes, motion carried.
Motion made by Greenough, seconded by Russell, to approve the bills as follows:
General Fund: American Family Assurance, American Family Assurance, $729.70; Amazon Capital Services, Supply, $2,327.78; Bob Barker Company Inc, Inmate Supplies, $509.20; Bh Business Source, Furniture, $12,120.23; Bq & Associates, P.C., Llo, Garnishment, $131.00; Bomgaars Supply, Supply, $7.18; Boston Mutual Life Ins Co, Life Insurance, $32.76; Cameron, George, Court Reporter, $24.50; Chadron Motor Co. Inc,, Repair, $7,807.71; Colbath & Sperlich, Pc, Caaf/Mag/Juv, $9,701.94; Credit Collection Bureau, Collections, $1,281.15; Delta Dental Plan Of Sd, Delta Dental, $2,674.82; Div Of Child Support, Child Support, $437.50; Eftps, Payroll Taxes, $49,282.29; Executive Mgmt Finance, Bit Network Fees, $42.50; Fall River County Herald, Publication, $833.19; Galls, Uniforms/Sheriff Supply, $189.68; Heavy Highway Fringe, Insurance Fees, $555.00; Hot Springs Ace Hardware, Supply, $280.70; City Of Hot Springs, Hanger Rent, $1,125.00; Hustead Law Office, P.C., Caaf, $5,362.99; Iowa Laborers District, Health Insurance, $25,045.50; Liuna Laborers Local 620, Union Dues, $324.00; Lighting Maintenance Co., Supply, $121.18; Lyle’s Lock Service, Service, $100.00; Lynns Dakotamart, Inmate Supply, $9.49; Lynn’s Dak. Mart Pharmacy, Inmate Pharmacy, $573.05; Marco, Copier Lease, $212.66; Marty’s Tire & Auto Body, Service, $980.00; Mastercard, County Credit Card, $984.20; Mcnemar, Kim, Qmhp/Mi, $600.00; Meade County Auditor, Inmate Housing, $400.00; Messerli & Kramer, Garnishment, $327.05; Monument Health, Inmate Medical, $106.93; Monument Health Rapid City, Inmate Medical, $14.27; Nationwide Retirement Sol, Nationwide Retirement, $700.00; National 4-H Council, Supply, $260.70; New York Life Insurance, New York Life Insurance, $65.00; Norton, Tina, Contract Nurse Inmate, $1,850.00; Nutrien Ag Solutions, Supply, $11,200.00; Child Support Payment Cnt, Child Support, $655.00; Quill Corporation, Office Supplies, $40.57; Reliance Standard Life, Vision Plan, $356.28; Ramkota Hotel-Pierre, Hotel/Sheriff Conference, $460.00; City Of Rapid City, Blood Analysis, $560.00; Russell, Lance, Travel Reimbursement, $30.80; South Dakota St Treasurer, Sales Tax, $10.58; Sd Retirement System, Sdrs Contribution/Special Pay Plan, $30,848.03; Servall, Rug Service, $450.72; Sonny’s Super Foods, Supply, $63.41; Southern Hills Law Pllc, Caaf, $554.35; Sturdevant’s Auto Value, Parts/Supply, $17.59; Uline, Office Furniture, $1,316.53; Verizon Wireless, Cell Phone Plan, $502.83; Thomson Reuters, Online Software Subs, $148.00; Mraz, Jennifer, Mileage, $51.00; Norton, Lyle, Travel Reimbursement, $200.00; Commissioners, January Salaries, $4,350.00; Auditor’s Office, January Salaries, $22,834.02; Auditor’s Office, Overtime, $384.34; Treasurer’s Office, January Salaries, $19,054.62; Treasurer’s Office, Overtime, $55.70; State’s Attorney’s Office, January Salaries, $16,776.16; State’s Attorney’s Office, Overtime, $1,244.89; Maintenance, January Salaries, $11,137.18; Maintenance, Overtime, $94.08; Assessor’s Office, January Salaries, $18,588.88; Assessor’s Office, Overtime, $31.05; Register Of Deeds Office, January Salaries, $10,733.21; Veteran’s Service Office, January Salaries, $4,540.03; Gis Office, January Salaries, $4,536.82; Sheriff, January Salaries, $40,397.36; Sheriff, Overtime, $9,600.17; Jail, January Salaries, $35,362.08; Jail, Overtime, $2,313.39; Coroner, January Salaries, $450.00; Nurse’s Office, January Salaries, $3,534.00; Nurse’s Office, Overtime, $50.58; Extension Office, January Salaries, $1,627.50; Weed & Pest Office, January Salaries, $4,748.11; Total For General Fund: $388,040.71
County Road & Bridge: A & B Welding Supply Co., Welding Supplies/Lease, $37.51; Advanced Drug Testing, Random Employmee Drug Test, $104.00; Air Works, Parts/Service, $206.99; American Family Assurance, American Family Assurance, $365.50; Amazon Capital Services, Supply, $32.22; Black Hills Electric, Utilities Smithwick, $81.66; Bill’s Heating, Propane, $2,496.10; Bomgaars, Supply, $616.75; Butler Machinery Co., Supplies/Repairs, $2,104.00; Delta Dental Plan Of Sd, Delta Dental, $630.20; Floyd’s Truck Center, Repairs/Parts, $405.48; Eftps, Payroll Taxes, $13,406.34; Fall River Auto Supply, Auto Parts/Repair, $13.10; Fall River Health, Pre-Employment Physical, $50.00; Forward Distributing, Supplies/Parts, $44.15; Fall River County Herald, Publication, $24.89; Gibson, Carlo, Clothing Allowance, $16.99; Grimm’s Pump Service Inc, Service, $1,459.96; Heavy Highway Fringe, Insurance Fees, $180.00; Hot Springs Ace Hardware, Supply, $329.60; Iowa Laborers District, Health Insurance, $7,303.00; Liuna Laborers Local 620, Union Dues, $270.00; Mastercard, County Credit Card, $14.79; Newman Signs Inc., Signage, $131.66; Northern Truck Equip, Part, $480.24; Pacific Steel & Recycling, Supply, $140.53; Pomp’s Tire Service Inc., Parts, $130.77; Reliance Standard Life, Vision Plan, $65.00; Rapid Delivery, Delivery, $1.30; Rushmore Communications, Repairs, $946.93; Safety-Kleen Systems, Inc, Supplies, $124.47; Sd Dept Of Transportation, State Cost Share Roa, $440.38; Sd Retirement System, Sdrs Contribution, $6,909.66; Sd Supplement Retirement, Supplemental Retirement, $40.00; Sturdevant’s Auto Value, Parts/Supply, $436.11; Summit Signs & Supply Inc, Supply, $425.00;  Highway Department, January Salaries, $54,821.51; Highway Department, Overtime, $1,540.78; Total County Road & Bridge: $96,827.57
911 Surcharge Reimbursement: American Family Assurance, American Family Assurance, $67.21; Amazon Capital Services, Supply, $149.98; Credit Collection Bureau, Collections, $302.86; Delta Dental Plan Of Sd, Delta Dental, $317.54; Eftps, Payroll Taxes, $7,853.56; Heavy Highway Fringe, Insurance Fees, $60.00; Iowa Laborers District, Health Insurance, $2,486.50; Liuna Laborers Local 620, Union Dues, $27.00; Mastercard, County Credit Card, $6.00; Reliance Standard Life, Vision Plan, $7.48; Sd Retirement System, Sdrs Contribution, $3,511.41; Verizon Wireless, Cell Phone Plan, $41.83; Fleming, Melissa, Uniform Allowance, $80.00; Dispatch, January Salaries, $22,789.90; Dispatch, Overtime, $6,322.13; Total For 911 Surcharge Reimbursement: $44,023.40
Emergency Management: Eftps, Payroll Taxes, $1,620.46; Marco, Copier Lease, $38.90; Mastercard, County Credit Card, $71.59; Quill Corporation, Office Supplies, $69.34; Sd Retirement System, Sdrs Contribution, $669.62; Verizon Wireless, Cell Phone Plan, $83.66; Fr Emergency Management, January Salaries, $5,580.22; Total For Emergency Management: $8,133.79
Domestic Abuse Fund: W.E.A.V.E., 2023 Budget Allottment, $7,000.00; Total For Domestic Abuse Fund: $7,000.00
24/7 Sobriety Fund: Eftps, Payroll Taxes, $343.30; Total For 24/7 Sobriety Fund: $343.30
M & P Relief: Trimin System, Inc., Software Contract, $7,500.00; Total For M & P Relief: $7,500.00
Total Paid Between 1/20/22 And 2/2/23, $551,868.80
Break was taken at 10:18 a.m. and the meeting reconvened at 10:28 a.m.
Public comment was heard from Joe Falkenburg advising people to be careful when disposing of dead animals due to the possibility or contracting diseases; don’t touch anything without gloves on.
Teresa Pullen, Treasurer, met with the Board. Motion made by Russell, seconded by Allen, to approve the abatements for Michelle R. Talbot, parcel #81900-00000-02715, Mobile Home on leased site at 540 S. 21st St. 1964 60x12 Frontier Grandview Mobile Home Park, for pay 2013 through pay 2021, $549.32 and Leroy Randall, parcel #81900-00000-00810, Mobile Home on leased site at 409 21st Street 1972 65x14 Sharlo Grandview Mobile Home Park, for pay 2014 through pay 2021, $914.79. Re: Real property owner has destroyed the abandoned mobile home on the leased sites as per SDCl 21-51-19.
There is no employee water policy at this time; Pullen will bring back to a future meeting.
Lily Heidebrink, Director of Equalization, reported to the Board that the State recommends the office should not supply estimated taxes, just current values. During a recent audit, the Director of Equalization Office were referred to a property tax portal from the Department of Revenue that would provide the public with a lot of information. Heidebrink will give instructions on how to get to the website.
Alice McIntire spoke to the Board about concerns regarding taxes for she and Gary’s property. Discussion was held on purchase of property, estimate of assessments, property taxes and amounts being high. Motion made by Russell, seconded by Allen, to not allow adjustment of taxes for Alice and Gary McIntire. With all voting yes, by roll call vote, motion carried.
Lisa Pawloski reported to the Board regarding concerns with the Real Property taxes estimated for land she purchased and making sure the correct information is available on the website.
Conrad Cutchin met with the Board. Motion made by Allen, seconded by Greenough, to abate the increase to Cutchin’s property by 36% to bring the mobile home value to the correct figure.
Sue Ganje, Auditor, reported to the Board about changes on the tax bills and how they appear due to the new software system that is being used.
Discussion was held on EPA considering tougher regulation of livestock farm pollution; the Board was in agreement that a letter should be written to the Governor and the Congressional Representatives and Senator. Further discussion was held on a multi-state lawsuit regarding how retirement is taxed on the Federal Level; the Board agreed about writing a letter to address this issue.
Discussion was held on the removal of District 30 Senator Frye-Mueller’s voting rights and action that could be taken. Motion made by Cope, seconded by Allen, that the Fall River County Commission unequivocally supports Senator Julie Frye-Mueller and that we rebuke and censure the members of the Senate who disenfranchised the voters of Fall River County of District 30 in an unconstitutional manner, depriving Senator Frye-Mueller and all the voters of District 30 without due process of law.
Cope exited the meeting at 11:39 a.m.
Motion made by Greenough, seconded by Allen, to adjourn at 11:40 a.m.
/s/Joe Falkenburg
Joe Falkenburg, Chairman
Board of Fall River County Commissioners
ATTEST:
/s/Sue Ganje, Auditor
Fall River County Auditor’s Office
Published once at the total approximate cost of $224.40
and can be viewed free of charge at www.sdpublicnotices.com
Published:Feb. 16, 2023