Proceedings

Fall River County 
December 5, 2017

The Fall River Board of County Commissioners met in regular session on December 5, 2017. Present: Ann Abbott, Joe Allen, Joe Falkenburg, Paul Nabholz, Deb Russell, and Sue Ganje, Auditor.

The Pledge of Allegiance was recited and the meeting was called to order at 9:00 a.m. by Chairman Falkenburg.

The agenda was reviewed for conflicts; none were noted. All Motions Recorded In These Minutes Were Passed By Unanimous Vote, Unless Otherwise Stated.

Motion made by Russell, seconded by Abbott, to approve the agenda as written.

Motion made by Russell, seconded by Abbott, to table the minutes of November 21, 2017 until the next meeting.

The Commission re-visited an application that was previously denied. Motion made by Russell, seconded by Nabholz, to approve the indigent county burial, CP 2017-05, in the amount of $1,750.00.

Motion made by Nabholz, seconded by Russell to deny the indigent county burial, CP 2017-20, due to income guidelines. 

Motion made by Abbott, seconded by Russell to approve setting a supplement, contingency and cash transfer hearing for December 19, 2017 at 9:50 a.m.

Motion made by Russell, seconded by Abbott, to authorize advertisement for one 5 year Commissioner Term for Fall River Housing and Redevelopment Commission, and set hearing for December 19, 2017 at 9.55 a.m.

Motion made by Russell, seconded by Allen, to rescind resolution 2017-35.

Motion made by Allen, seconded by Russell, to approve resolution 2017-35A to reflect a change to one of the legal descriptions as follows:

RESOLUTION 2017 35-A

RESOLUTION TO VACATE HIGHWAYS

WHEREAS, a public hearing was held on November 7, 2017, 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:

The 66-foot-wide section line highway of 119th Avenue, between Sections Seventeen (17), Eighteen (18), Nineteen (19), and Twenty (20) of Township Seven (7) South, Range Four (4) East of the Black Hills Meridian beginning at the northwest corner of the Southwest Quarter (SW ¼) of Section Seventeen (17), Township Seven (7) South, Range Four (4) East of the Black Hills Meridian, then South along the section line, terminating at the southwest corner of the Northwest Quarter of the Southwest Quarter (NW ¼ SW ¼) of Section Twenty (20), Township Seven (7) South, Range Four (4) East of the Black Hills Meridian, excluding the US Highway 18 right of way.

The 66-foot-wide section line highway of 274th Street, between Sections Seventeen (17), Eighteen (18), Nineteen (19), and Twenty (20) of Township Seven (7) South, Range Four (4) East of the Black Hills Meridian beginning at the northwest corner of the Northeast Quarter (NE ¼) of Section Nineteen (19), Township Seven (7) South, Range Four (4) East of the Black Hills Meridian, then East along the section line, terminating at the northeast corner of the Northwest Quarter (NW ¼) of Section Twenty (20), Township Seven (7) South, Range Four (4) East of the Black Hills Meridian, excluding the US Highway 18 right of way.

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 this 5th day of December, 2017. 

BOARD OF COUNTY COMMISSIONERS 

/s/ Joe Falkenburg

Joe Falkenburg, Chair

Board of Fall River County Commissioners

ATTEST:

/s/ Sue Ganje

Sue Ganje, Fall River County Auditor

Motion made by Russell, seconded by Nabholz to approve the Memorandum of Agreement between Fall River County and SDSU Extension for 2018, and authorize the chairman to sign.

Motion by Abbott, seconded by Russell to approve the 2018 State of SD Consultant Contract for Provision of Community Health Services between Fall River County and South Dakota Department of Health, and authorize the chairman to sign.

Discussion was held on an invoice concerning a fox. Sheriff Bob Evans discussed this bill with the board. Motion by Abbott, seconded by Allen to table the bill until further research could be done.

Dustin Ross and John McBride, Andersen Engineers, met with the board to present four plats. 

Motion made by Russell, seconded by Allen to approve as follows:

FALL RIVER COUNTY RESOLUTION #2017-40

A Plat of Compound Tract of Section 27, T7S, R6E, BHM, Fall River County, South Dakota

Containing all of Tract A, a portion of the W1/2SW1/4, and all that portion of the SE1/4SW1/4 lying west of South Dakota Highway 79

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 December, 2017.

/s/Joe Falkenburg

ATTEST:

Fall River County Board of Commissioners

/s/Sue Ganje, Fall River County Auditor

Motion made by Abbott, seconded by Allen to approve the following resolution:

FALL RIVER COUNTY RESOLUTION #2017-41

A Plat of P and K Tract and Anderson Tract and a private access easement of the SW1/4 of Section 31, T8S, R8E, BHM, Fall River County, South Dakota

Containing all of Lots 8 thru 16, Block 1, all of Lots 9 thru 20, Block 2, all of Lots 15 thru 24, Block 3, all of Lots 1 thru 26, Block 4, all of Lots 1 thru 20, Block 5, all of lots 1 thru 10, Block 6, all of lots 1 thru 11, Block 7, together with the vacated streets and alleys adjacent thereto, all in Robins’ Addition to Smithwick, all of Block 1 lying North of County Road together with the vacated streets and alleys adjacent thereto in Hussong’s Addition to Smithwick, all of Outlots 1 thru 8, 12 thru 15, 22A, 22B, 22C, 22D, 23 thru 27 of Smithwick, located in the SW1/4 of Section 31

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 acounty 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 December, 2017.

/s/Joe Falkenburg

ATTEST:

Fall River County Board of Commissioners

/s/Sue Ganje

Fall River County Auditor

Motion made by Russell, seconded by Nabholz to approve the following resolution:

FALL RIVER COUNTY RESOLUTION #2017-42

A Plat amending a private access easement located in Tract V, SW1/4NE1/4 of Section 27, 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 5th day of December, 2017.

/s/Joe Falkenburg

ATTEST:

Fall River County Board of Commissioners

/s/Sue Ganje

Fall River County Auditor

Motion made by Russell, seconded by Abbott to approve the following resolution:

FALL RIVER COUNTY RESOLUTION #2017-43

A Plat of Shuttlesworth Tract and a private access and utility easement of Section 34, T9S, R7E, 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 5th day of December, 2017.

/s/Joe Falkenburg

ATTEST:

Fall River County Board of Commissioner

/s/Sue Ganje

Fall River County Auditor

McBride met with the board as a follow-up on a possible policy that would help with consistency when preparing plats. Plats have been filed both ways, excluding the right-of-ways or taxing the property owner to the middle of the road on platted roads. Director of Equalization Simkins also asked for consistency, and was asked to check with other counties on their policies on this.

Jerry Dibble, Edgemont Mayor, met with the board to present a proposed 2018 Law Enforcement agreement between Edgemont City and the County. Discussion was held about price of the contract, the feasibility of one person handling most of the duties in Edgemont, and the items that are being requested in the agreement. Sheriff Bob Evans also presented some numbers from his budget, as well as the hours spent in Edgemont that are above and beyond the current contract. Motion made by Russell, seconded by Nabholz to table the law enforcement contract with Edgemont until the December 19, 2017 meeting.

Frank Maynard, Emergency Management, met with the board. Maynard presented a meeting room policy for the South Annex for the board’s review. Maynard was hopeful by the next meeting prices for the room could be set. Maynard stated that for the first three quarters of the year the County received $37,445.60 with the SLA agreement. After the last quarter, they should have a payment of $13,283.89, for a total of $50,729.46. Maynard also stated that the American Legion had donated a flag for the South Annex meeting room and gave the board updates on a fire and an ATV accident.

Sue Ganje, Auditor, met with the board to present a draft of the Fall River County Poor Relief Guidelines. It was agreed they would have working sessions at each meeting until they approve the guidelines. 

Kelli Rhoe, Treasurer, met with the board to follow up on the Massey Brothers tax issue. Rhoe advised that there is no provision in the law that allows for the removal of interest. Motion made by Russell, seconded by Nabholz to deny request for removal of penalties and interest for Clayton and Raymond Massey.

Rhoe and Sandra Burdette discussed a delinquent tax payment plan, determining if the agreement will be for one or two properties. Motion made by Russell, seconded by Abbott to approve a delinquent tax agreement for Sandra Burdette, parcel #752200070000800, in the amount of $100.00 per month; Burdette will also work on the taxes on her other property.

Joe Allen, Commissioner, discussed the jail with a possibility of an addition to the current facility. He would like to get annual costs from Valentine since they have built their new jail. Discussion was held about the plans that Sheriff Evans presented at the last meeting. Evans reported one prisoner is out on work release, and the ankle bracelet option for prisoners is up and running for qualifying individuals in jail. 

Randy Seiler, Highway Superintendent, met with the board. Motion made by Nabholz, seconded by Russell to approve the November 2017 fuel transfers to reimburse the highway department for fuel used or work performed as follows: Weed & Pest for $294.56; Sheriff’s Department for $2,045.84; Emergency Management for $75.47; Director of Equalization $72.09; Building for $35.70, GIS for $90.85; Election for $23.19 and State’s Attorney for $28.04.

Motion made by Nabholz, seconded by Abbott, to approve the Bridge Improvement Grant, Funding Agreement for BRO 8024(00)18-1, and authorize the chairman sign.

Motion made by Russell, seconded by Abbott, to approve the sale of a plow wing for $1,000 to Duane Gunderson.

Motion made by Abbott, seconded by Nabholz to approve the sale of approximately 25 old 911 sign posts to Eagle Valley Subdivision for $5.00 each.

Discussion was held about the meeting with the SD DOT at the Chilson Bridge and possible costs. Also discussed was the upcoming meeting on December 11, 2017 for the proposed DOT project. Maynard and Jensen could attend this meeting, along with available commissioners. 

Motion made by Russell, seconded by Nabholz, to approve bills, except for the bill to Fall River Vet Clinic as follows:

General Fund: Fidelity Sec. Life Ins Co; Eye Insurance; $121.33: American Family Assurance; American Family Assurance; $731.65: AT&T Teleconference; Teleconference Service; $22.66: Beesley Law Office; Caaf; $1,503.40: Black Hills Chemical; Supply; $304.09: Black Hills Energy; Utility Power Electric; $3,734.89: Boston Mutual Life Ins Co; Life Insurance; $32.76: Century Business Leasing; Copier Lease And Usage; $378.37: Colbath, Angela M; Caaf/A&N; $1,212.60: Credit Collection Bureau; Collections; $442.71: Delta Dental Plan Of Sd; Delta Dental; $2,294.50: Demersseman Jensen; Caaf; $290.00: EFTPS; Payroll Taxes; $31,564.80: Edgemont Herald Tribune; Publication; $1,003.20: Falkenburg, Joe; Mileage Reimbursement; $174.72: Fall River Clinic; Inmate Medical; $762.30: Fall River Health Service; Med Aide Class/Inmate Medical; $3,124.51: Farrell,Farrell &Ginsbach; Caaf; $439.48: Fr County Treasurer; Sales Tax; $127.72: Fall River Cty Treasurer; Reimburse For Public; $236.80: Golden West Technologies; Service; $375.00: Harkins, Carolyn M; Court Reporter; $92.70: Harris, Betsey; A&N; $1,396.60: Heartland Real Estate; Garnishment; $100.00: Heavy Highway Fringe; Insurance Fees; $555.00: Hillyard/Sioux Falls; Supply; $89.13: Hot Springs Ace Hardware; Supply; $331.01: Hot Springs Ambulance; Inmate Medical; $722.53: City Of Hot Springs; 4Th Quarter Sprinkle; $24.00: Hsr Fueling Llc; Airplane Fuel; $227.54: Iowa Laborers District; Health Insurance; $15,086.50: Johnson, Kimberly K; Court Reporter; $228.00: Keizer, Brad; Mileage Reimbursement; $515.76: Liuna Laborers Local 620; Union Dues; $250.00: Lakota Country Times; Legal Notice; $272.00: Manlove Psychiatry Group; Mi; $59.90: Marco; Copier Lease; $155.00: Moss, William; Mi; $600.00: Moxon, Dustin; Retro Pay; $240.00: Nationwide Retirement Sol; Nationwide Retirement; $29.42: Nelsons Oil & Gas Inc.; Fuel; $540.00: New York Life Insurance; New York Life Insurance; $65.00: Norton, Tina; Contract Nurse Inmate; $1,150.00: Child Support Payment Cnt; Child Support; $1,259.00: O’neill, Justin; Caaf; $4,314.71: Pj’s Hi-D-Way; Utilities; $11,120.70: Quill Corporation; Office Supplies; $1,044.30: Ramkota Hotel-Pierre; Election Conference; $114.00: Rapid City Journal (The); Advertising/Proceedings; $128.93: South Dakota St Treasurer; November Service Charge; $36.70: Sd Department Of Revenue; Expert Testimony; $350.00: Sd Retirement System; Sdrs Contribution; $15,201.86: Servall; Rug/Uniform Service; $307.05: Oglala Lakota County; Reimbursment Public; $236.80: Sd Supplement Retirement; Sdrs Sup Retirement; $850.00: Stevens, Mikayla; Inmate Blood Draws; $375.00: United Way Black Hills; United Way Donation; $38.00: Vanway Trophy; Supply; $169.80: Winter, Paul R.; Caaf; $5,811.48: Yankton Co. Sheriff; Papers Served; $50.00: Behrens, Donna; Mileage Reimbursement; $26.88: Oberpriller, Kim; Witness Fee; $20.84: Witness; Expert Witness/Witness Fee; $1,712.92: Commissioners; October Salary; $4,100.00: Commissioners; November Salary; $4,100.00: Auditor; October Salary; $13,256.81: Auditor; Overtime; $170.61: Auditor; November Salary; $12,979.50: Auditor; Overtime; $169.17: Treasurer; October Salary; $9,865.93: Treasurer; Overtime; $50.95: Treasurer; November Salary; $9,302.45: Treasurer; Overtime; $23.53: State’s Attorney; October Salary; $8,121.87: State’s Attorney; Overtime; $433.79: State’s Attorney; November Salary; $8,004.27: State’s Attorney; Overtime; $454.28: Maintenance; October Salary; $8,074.86: Maintenance; Overtime; $178.24: Maintenance; November Salary; $8,311.33: Maintenance; Overtime; $9.00: Assessor; October Salary; $12,919.17: Assessor; Overtime; $85.80: Assessor; November Salary; $12,337.47: Assessor; Overtime; $4.13: Register Of Deeds; October Salary; $7,835.60: Register Of Deeds; November Salary; $7,802.12: Veteran’s Service Office; October Salary; $3,193.94: Veteran’s Service Office; November Salary; $3,045.96: Gis; October Salary; $3,026.76: Gis; Overtime; $49.33: Gis; November Salary; $3,156.80: Coroner; October Salary; $300.00: Coroner; November Salary; $300.00: Nurse; October Salary; $3,165.73: Nurse; Overtime; $143.48: Nurse; November Salary; $3,056.41: Nurse; Overtime; $13.67: Extension; October Salary; $3,101.12: Extension; Overtime; $19.82: Extension; November Salary; $2,973.38: Extension; Overtime; $303.95: Weed; October Salary; $4,273.42: Weed; November Salary; $3,829.42: Sheriff; October Salary; $29,301.40: Sheriff; Overtime; $2,041.19: Sheriff; November Salary; $29,030.84: Sheriff; Overtime; $3,914.47: Jail; October Salary; $14,390.31: Jail; Overtime; $2,146.95: Jail; November Salary; $14,288.47: Jail; Overtime; $2,648.18; Total For General Fund: $375,082.43: County Road and Bridge: Fidelity Sec. Life Ins Co; Eye Insurance; $36.10: American Family Assurance; American Family Assurance; $421.58: Black Hills Energy; Utility Power Electric; $663.58: Butler Machinery Co.; Supplies/Repairs; $2,283.50: Dale’s Tire and Retreading; Tire Parts/Supply; $1,165.43: Delta Dental Plan Of Sd; Delta Dental; $404.50: Dware Inc; 2018 Software License; $2,750.00: Eddie’s Truck Sales; Repairs/Parts; $174.21: EFTPS; Payroll Taxes; $7,691.52: Fall River Health Service; Drug Test; $40.00: Forward Distributing; Supplies/Parts; $186.45: Great Western Tire; Supply; $683.64: Heavy Highway Fringe; Insurance Fees; $135.00: Hot Springs Hardware; Supply; $78.09: Hot Springs Automotive; Auto Supply Parts; $493.88: Ricoh Usa Inc; Hwy Dept Copier Lease; $75.00: Iowa Laborers District; Health Insurance; $3,313.00: Liuna Laborers Local 620; Union Dues; $125.00: Lyle Signs; Signage; $204.15: Mg Oil; Inventory/Supply; $780.80: Nationwide Retirement Sol; Nationwide Retirement; $50.00: Norton’s Sinclair; Auto Repair; $39.81: Powerplan Bf; Rental Tractors Hwy; $9,925.00: Rapid Delivery; Delivery; $29.18: Safety Kleen; Supplies; $124.47: Sdachs/Dj Buthe; 2018 Sdachs Dues; $275.00: Sd Retirement System; Sdrs Contribution; $3,870.80: Sd Retirement System; Special Pay Retirement; $16,033.52: Seiler, Randy; Cellphone/Clothes Reimbursement; $225.00: Twilight Inc; First Aid Supply; $31.61: Highway Department; October Salary; $33,576.00: Highway Department; Overtime; $16.75: Highway Department; November Salary; $47,275.89: Highway Department; Overtime; $969.30; Total For County Road and Bridge: $134,147.76: 911 Surcharge Reimb: Credit Collection Bureau; Collections; $302.86: Delta Dental Plan Of Sd; Delta Dental; $337.55: EFTPS; Payroll Taxes; $4,059.37: Heavy Highway Fringe; Insurance Fees; $75.00: Iowa Laborers District; Health Insurance; $1,973.00: Liuna Laborers Local 620; Union Dues; $50.00: Messerli & Kramer; Collections; $117.24: Quill Corporation; Office Supplies; $92.98: Century Link; Dispatch Transfer License; $8.36: Sd Retirement System; Sdrs Contribution; $2,005.88: Dispatch; October Salary; $15,919.91: Dispatch; Overtime; $1,661.70: Dispatch; November Salary; $15,280.48: Dispatch; Overtime; $1,435.04: Total For 911 Surcharge Reimb: $43,319.37; Emergency Mgt: EFTPS; Payroll Taxes; $1,599.94: Quill Corporation; Office Supplies; $315.02: SD Retirement System; SDRS Contribution; $626.40: Stan Houston Equip. Co.; Supply; $14.95: Fall River Emergency Management; October Salary; $5,867.74: Fall River Emergency Management; Overtime; $25.07: Fall River Emergency Management; November Salary; $6,048.23: Fall River Emergency Management; Overtime; $55.15; Total For Emergency Mgt: $14,552.50; L.E.P.C. Grant Fund: Pudwill, Norman; L.E.P.C; $60.00: Bastian, Tracy; Pilot L.E.P.C; $100.00; Total For L.E.P.C Grant Fund: $160.00; 24/7 Sobriety Fund: EFTPS; Payroll Taxes; $157.12; Total For 24/7 Sobriety Fund: $157.12; Courthouse Building Fund: Accouter Rental And Sales; Rental; $127.60: Hot Springs Ace Hardware; Supply; $367.12: Tessier’s Inc; Repairs; $30,676.00: Builders First Source; Supply; $505.13; Total Courthouse Building Fund: $31,675.85; Total Paid Between 11/22/17 And 12/5/17: $599,095.00

Break was taken at 10:15 a.m. Meeting resumed at 10:20 a.m.

Public comment was heard from Don Olstad and Falkenburg. Olstad spoke of agendas and when and where they are posted. He would like to see a draft agenda on the Friday prior to the meeting, and spoke of live streaming the meetings. Falkenburg discussed Prairie Hills Transit and a possible reduction of services in Hot Springs due to funds decreased in the future. The need for the bus is great in Hot Springs. 

Dar Coy, Hot Springs Fire Chief, and Les Madsen, Minnekahta Fire Chief, met with the board to request Title III Funds. Motion made by Allen, seconded by Abbott, to authorize advertisement for 45-day comment period for use of Title III monies for the Hot Springs Fire Department and the Minnekahta Fire Department, for a total of $30,000.

Stacey Martin, GIS Coordinator, gave a presentation on services provided to Fall River County by the GIS Department.

Lyle Jensen, Building Supervisor, met with the board to present copies of proposed signage at the South Annex. Motion made by Russell, seconded by Allen to approve two signs in the amount of $465.00 per sign and one sign in the amount of $254.00.

Motion made by Russell, seconded by Nabholz, to enter executive session for personnel purposes as per SDCL 1-25-2 (1) at 11:10 a.m.

The board came out of executive session at 11:26 a.m.

Motion made by Nabholz, seconded by Allen to adjourn the meeting at 11:26 a.m.

/s/ Joe Falkenburg

Joe Falkenburg, Chair

Board of Fall River County Commissioners

ATTEST:

/s/ Sue Ganje

Sue Ganje, Fall River County Auditor

Published once at the total approximate cost of $257.67

Published: December 21, 2017