COMMISSIONER’S PROCEEDINGS

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COMMISSIONER’S PROCEEDINGS

REGULAR SESSION

April 9, 2019

The Lyman County Commissioners met in regular session in the Conference Room in the Courthouse at Kennebec, South Dakota, April 9, 2019, at 9:00 a.m. with the following members present: Chairman Ryan Huffman, Leslie Reuer, Zane Reis, Jared Schelske and Auditor Deb Halverson. Absent: Bill Lengkeek.

CALL TO ORDER:

Chairman Huffman called the meeting to order with the pledge to the flag.

ADOPT AGENDA:

Motion by Reuer, seconded by Reis to adopt the agenda. All voting aye.

APPROVE MINUTES:

Motion by Reis, seconded by Reuer to approve the minutes of March 19, 2019. All voting aye.

APPROVE BILLS:

Motion by Reuer, seconded by Schelske to pay the following bills. All voting aye.

|Commissioners Salary |5,940.43 |

|Auditor’s Office Salary |7,615.75 |

|Treasurer’s Office Salary |8,477.50 |

|States Attorney Salary |4,929.46 |

|Courthouse Salary |3,786.96 |

|Director of Equalization’s Office Salary |8,196.25 |

|Register of Deed’s Office Salary |6,639.03 |

|Veterans Service Office Salary |362.60 |

|Sheriff’s Office Salary |21,905.34 |

|Coroner Salary |86.74 |

|Nurse & WIC Salary |2,516.86 |

|Weed Salary |648.25 |

|R&B Construction Salary |35,221.15 |

|R&B Administration Salary |6,686.00 |

|Emergency Management Service Salary |2,414.25 |

|Total March 2019 Salary |$115,426.57 |

|A-Ox Welding Supply - RB Supplies |18.83 |

|AT&T Mobility - EMS cell phone expense |45.36 |

|AT&T Mobility - RB cell phone expense |48.48 |

|AT&T Mobility - Sheriff cell phone expense |187.68 |

|Best Western of Huron - Weed Travel |595.38 |

|BJ's Food Center - Courthouse Supplies |116.18 |

|Bomgaars - RB parts |26.50 |

|Bomgaars - RB supplies |123.76 |

|Butler Machinery Co - RB Parts & Repairs |5,525.62 |

|Brevik Law Office, Prof LLC - Mental Illness Hearing Exp |217.05 |

|Brule County Auditor - Prisoner Board |4,950.00 |

|Burke Oil Co - RB Utilities |962.36 |

|Capital I Industries Inc - RB Parts |4,600.00 |

|Chamberlain TrueValue - Courthouse supplies |73.27 |

|Chandlers Inc. - Sheriffs Travel Exp |240.00 |

|Connecting Point - Treas. Supplies |64.00 |

|Correct RX Pharmacy Service - Prisoner Medications |5.18 |

|Dakota Oil - RB Supplies |1,672.20 |

|DataSpec Inc - VSO Software |449.00 |

|Farmers Union Oil Co - RB Parts |3.00 |

|Fischer Law Office, Prof. LLC - Court Appointed Attorney Fees |2,028.71 |

|Gateway Ford - RB Parts & Repairs |278.24 |

|Graham Tire – Sheriff’s Office Travel |485.04 |

|Halverson, Debra - 2019 Daycare Flex |800.00 |

|Hieb's Cenex - RB Fuel |123.27 |

|Hieb Oil - RB Fuel |14,754.53 |

|Hieb Oil – Sheriff’s Office Fuel |897.42 |

|Inland Truck Parts & Service - RB Parts |121.82 |

|Janssen Law, Prof. LLC - Court Appointed Attorney Fees |1,933.76 |

|John Deere Financial - RB parts & labor |374.94 |

|Karlen Ranch - RB Screened Gravel |154.05 |

|Kennebec Telephone Co. - RB Shop telephone |44.48 |

| Courthouse fax line expense |43.25 |

| DOE telephone & DSL expense |73.00 |

| Ext telephone & DSL expense |59.11 |

| VSO telephone & DSL expense |62.11 |

| Auditor telephone & DSL expense |61.30 |

| RB Office telephone & DSL expense |102.85 |

| Sheriff telephone expense |369.28 |

| Auditor modem line expense |40.74 |

| States Attorney telephone & DSL expense |57.11 |

| Treasurer telephone & DSL expense |75.95 |

| ROD telephone expense |57.11 |

| Commissioner Room telephone expense |45.74 |

| 911 telephone expense |144.00 |

| DOE travel |267.58 |

| RB Parts, repairs, & labor |77.10 |

| RB Supplies |183.50 |

| Sheriff’s Office Travel |98.38 |

| RB Dirt Work |1,186.80 |

| RB Culvert Work |1,926.10 |

|LyCox Enterprises Inc - RB Equipment - Walk-N-Roller & Retriever |45,945.00 |

|LyCox Enterprises Inc - RB Parts |1,950.00 |

|Lyman County Herald - Commission Publishing |145.53 |

|Lyman County Herald - DOE Publishing |202.50 |

|Lyman County Herald - Weed Notice Publication |25.35 |

|Lyman County Herald - RB Publishing |401.98 |

|Lyman County Treasurer - Treas. Trust (2) |864.88 |

|March 2019 Apportionment - Schools |199,422.54 |

|March 2019 Apportionment - Cities |12,190.92 |

|March 2019 Apportionment - Townships |4,111.18 |

|March 2019 Apportionment - SC Water District |133.65 |

|March 2019 Apportionment - WR/LJ Water District |1,290.28 |

|March 2019 Apportionment - Vivian Sanitary District |215.54 |

|March 2019 Apportionment - Lyman County Ambulance District |8,028.33 |

|Minnehaha County Auditor - Mental Illness Exp |463.60 |

|NACVSO - VSO 2019 National Membership Dues |50.00 |

|Office Products Center – Sheriff’s Office Supplies |97.22 |

|Patrick Oil - RB Fuel |1,840.90 |

|Pennington County Jail - Prisoner Transport |70.50 |

|Powerplan - RB Parts & Repairs |144.90 |

|Presho Oil Co. – Sheriff’s Office Fuel |276.33 |

|Quill - RB Office Supplies |232.99 |

|Quill – Treas. Office Supplies |34.99 |

|RDO Equipment - R&B Motor Grader |256,864.59 |

|Runnings Supply Inc. - RB Parts |287.08 |

|ScottE Enterprises Inc - RB Supplies |253.80 |

|SD Attorney General's Office - March Scram Payments |255.00 |

|SD Dept of Game, Fish, & Parks - Game Licenses Sold |29.00 |

|SD Dept. of Revenue - March Collections - SMV |23,224.38 |

|SD Dept. of Revenue - March Collections - State Hiway Patrol |467.00 |

|SD Dept. of Revenue - March Collections - Driver's License |669.00 |

|SD Dept. of Revenue - March Collections - 4% |25,697.94 |

|SD Dept. of Revenue - March Collections - ROD |40.00 |

|SD Dept. of Revenue - Human Services Center |600.00 |

|SD Sheriff's Association - 2019 Association Dues |612.65 |

|SD Sec. of State - Pistol permits (4) |28.00 |

|SDACC - 2019 Catastrophic Poor Relief Program |306.00 |

|SDACC - 2019 1st Qtr. CLERP |1,546.00 |

|SDACO - ROD M&P funds March 2019 |164.00 |

|Servall Uniform & Linen - Courthouse Supplies |118.66 |

|Siguenza, Joshua - Overpayment for 24/7 |2.00 |

|Steven R Smith Law Office - States Attorney Office Exp |1,151.11 |

|Sturdevant's Auto Parts - RB Parts |18.36 |

|Tieszen Law Office Prof. LLC - Court Appointed Attorney Fees |609.83 |

|Tony's Custom & Repair - RB Supplies |153.98 |

|TrueNorth Steel - RB Supplies |24,576.44 |

|Vanguard - DOE Appraisal Software |5,505.00 |

|West Central Electric - Kennebec Fire Dept. Exp |4,500.00 |

|West Central Electric - Courthouse Utilities |3,196.22 |

|Winner City - January 2019 911 Surcharge |3,414.88 |

|WR/LJ Rural Water Systems Inc - RB Utilities Prepay |500.00 |

|  |$679,781.15 |

|Gran, Stacie - DOE Supplies Reimbursement |31.99 |

|Langenbau, Brittany - Nurse Meals |65.00 |

|Manger, Steve - Coroner Calls (3) |225.00 |

|Mitchell, Margo - EMS Mileage & Meals |2112.40 |

|Nagel, Walt - RB Admin Mileage & Meal |86.57 |

|Sletto, Gary - VSO mileage |57.60 |

|Total Salary Reimbursements |$2,578.56 |

AUDITOR’S ACCOUNT, ROD & CLERK OF COURTS FEE REPORTS:

Motion by Huffman, seconded by Lengkeek to approve the following March 2019 reports. All voting aye.

AUDITOR’S ACCOUNT: Cash on hand: $921.43; Checks in Treasurer’s possession less than 3 days old: $73,496.59; BankWest Checking: $34,143.47; BankWest Savings: $3,431,408.37; 1st Dakota Bank CD’s: $210,822.37; Dakota Prairie CD’s: $660,601.18 for a total of $4,441,393.41. General Fund: $1,570,864.15; Special Revenue Funds: Road & Bridge Assigned: $2,282,613.83; Secondary Road Restricted: $45,559.66; 911 Fund: $32,661.59; Fire: $103,017.17; Emergency Management: $28,489.85; Domestic Abuse: $525.00; 24/7 Sobriety: $17,678.17; Register of Deeds M&P: $34,079.63; Trust & Agency Funds: $295,904.36. Of this amount the following entities received: State of SD: $50,698.32; School Districts: $199,422.54; Cities & Towns: $12,190.92; Townships: $4,111.18; SC Water District: $133.28; WR/LJ Water District: $1,290.28; Vivian Sanitary District: $215.54; Lyman County Ambulance District: $8,028.33 for a total of $276,090.39.

REG. OF DEEDS FEES: $3,392.00 less $164.00 sent to SDACO for the Reg. of Deeds Modernization & Preservation Fund.

CLERK OF COURTS (February): $7,895.15 less $5,068.14 forwarded to Lyman School District, $7.14 to Chamberlain School District and $27.55 to Winner School District for fine money.

BUILDING PERMIT:

Motion by Reis, seconded by Reuer to approve the following building permit: AT&T to add an 80” x 80” pre-fabricated shelter and 5’ x 6’ generator platform to the E1/2 of 6-104-72. All voting aye.

AIRCRAFT PERMIT:

A Permit to Land Aircraft on Lyman County Highways was received by Agtegra. The permit would allow them permission to operate, take off, or land an aircraft on any county road. For the safety of county residents, motion by Schelske, seconded by Reis to deny said permit. All voting aye.

EMS DIRECTOR:

EMS Director Margo Mitchell was present to request the Commission declare Lyman County a Disaster Area after the severe storm in March. Motion to approve Resolution #2019-02 by Reuer, seconded by Reis. All voting aye.

RESOLUTION #2019-02

A RESOLUTION FOR SEVERE STORM DISASTER DECLARATION FOR LYMAN COUNTY

WHEREAS, a severe spring storm hit Lyman County, South Dakota, occurring March 12, 2019; and,

WHEREAS, said storm caused extensive damage to roads, culverts, agriculture, and threatened the safety of residents within Lyman County; and,

WHEREAS, said storm damage will require extensive salvage and repair to infrastructure in the County;

NOW, THEREFORE, BE IT RESOLVED, the Lyman County Board of Commissioners declare Lyman County a Severe Storm Disaster area and request the Honorable Governor Kristi Noem to declare Lyman County a Severe Storm Disaster area.

Dated this 9th Day of April, 2019, at Kennebec, South Dakota.

_________________________________________ ATTEST: _____________________________________

Ryan Huffman, Chairman Debra Halverson

Lyman County Commission Lyman County Auditor

COURTHOUSE IMPROVEMENTS:

Auditor Halverson discussed some much-needed improvements to the courthouse building. Halverson is currently gathering estimates for tuckpointing the building and will also look into cost estimates on windows and front entryway repairs.

HWY/WEED DEPT:

Supt. Walt Nagel presented the board with a Right of Way Occupancy Application from Golden West Telecommunications for areas in 107-79 and 105-79 to install fiber optic communications cables. Motion by Schelske, seconded by Reis to approve application. All voting aye. Auditor Halverson presented the following bids that were received and opened April 8th at 10:00 a.m.:

|#1 |Scraper & Dozer | | |

| |Kennebec Telephone Co. | | |

| | Excavator |210 Volvo |$149.95 per hour |

| |RC England & Sons Const. | | |

| | Scraper |Terex TS-14 Scraper 320HP |$175.00 per hour plus excise tax |

| | Dozer |Cat D7F Dozer w/ripper180HP |$175.00 per hour plus excise tax |

| | Excavator |CAT 320 CL 138HP |$160.00 per hour plus excise tax |

| |R&J Gravel | | |

| | Dozer |750 K John Deere 165 HP |$175.00 per hour |

| | Excavator |210G |$175.00 per hour |

| | Excavator |85D |$135.00 per hour |

| |Donaldson Ditching | | |

| | Excavator |60D |$135.00 per hour |

|#2 |Bridge Work | | |

| |Hollaway Bridge & Culvert Inc. |$350.00/$200.00 per hr. plus ex. & use tax |

|#3 |Crushed & Screened Gravel at Various Pits (Royalty Included) |

| |Clodfelter Pit | | |

| |Morris Inc. |Screened |$5.50 per ton |

| | |Gravel Surfacing |$7.75 per ton |

| |Reuer Pit | | |

| |R&J Gravel |Screened |$4.75 per ton |

| | |Crushed |$6.25 per ton |

| |Halverson Pit | | |

| |Benjamin Oldenkamp |Screened |$6.75 per ton |

| |Karlen Gravel Pile Area | | |

| |Karlen Ranch |Screened |$9.25 per ton |

| |Larson Pit | | |

| |Atteberry Construction |Crushed |$7.00 per ton as needed |

| | |Crushed |$6.50 per ton with 20,000 ton commitment |

| |Curtis Pit | | |

| |Isaiah Curtis |Screened |$6.50 per ton |

| |Lafferty Pit |*Pulled by Request of Cody Lafferty 4/8/2019 |

| |*Cody Lafferty | |$1.80 per ton |

|#4 |Gravel Hauling | | |

| |Flat Creek Const. | |$0.225 per ton mile with a $2.25/ton min |

| |Kennebec Telephone Co. | |$0.2499 per ton mile |

| |Hills Trucking | |$0.25 per ton mile |

| |Ryan Husman | |$0.28 per ton mile |

| |R&J Gravel | |$0.28 per ton mile |

| |Kevin Thomas | |$0.28 per ton mile |

| |Oldenkamp Trucking | |$0.281 per ton mile |

| |Lynn Leichtnam | |$0.285 per ton mile |

|#5 |Magnesium Chloride | | |

| |Z&S Dust Control | |$0.94 per gallon |

|#6 |Clay Binder | | |

| |Karlen Gravel Pile Area | | |

| |Karlen Ranch | |$1.50 per ton |

|#7 |Weed Spraying East Half of County | |

| |T&D Hamiel Enterprises | |$13.75 per running mile (one side of road) |

| |Lakota Source LLC | |$26.00 per running mile (one side of road) |

Motion by Reis, seconded by Reuer to accept all bids for #’s 1-6, not including the bid pulled by Cody Lafferty, and the low bid from T&D Hamiel Enterprises for #7. All voting aye. Supt. Nagel discussed the snow blower and plans to get cost estimates on fixing/updating it to see if it is worth keeping around and also the roads along the White River that are sliding due to flooding.

EXECUTIVE SESSION:

9:50 a.m. Motion by Reis, seconded by Reuer to enter into executive session per SDCL1-25-2 (1). All voting aye. Supt. Nagel was present and Auditor Halverson left the room.

10:10 a.m. Chairman Huffman declared the board out of executive session.

HIGHWAY EMPLOYEMENT:

Auditor Halverson returned to the meeting. Motion by Reis, seconded by Schelske to hire Tim Long for Part-Time Highway Maintenance Worker at the rate of $16.00 per hour. All voting aye. Two other applicants will be offered positions and Supt. Nagel will report back on them at the next meeting.

EQUALIZATION:

Motion by Schelske, seconded by Reis to adjourn as the Board of County Commissioners and convene as the Lyman County Board of Equalization. All voting aye. The Board signed member oaths.

DOE Gran received two (2) Objections to Real Property Assessment, five (5) changes to owner-occupied status, one (1) $10,000 Ag exemption to be added, and two (2) building removals. The two objections were reappraised by Gran and are awaiting approval from the homeowner. They will be addressed at the April 23rd meeting. With DOE Gran receiving no opposition, motion by Reuer, seconded by Schelske to approve the changes in owner-occupied status, Ag exemption addition and building removals. All voting aye. DOE Gran advised the Board of two (2) elderly & disabled assessment freezes, renewed five (5) applicants for the disabled veteran property tax exemption, two (2) applicants for renewable resource energy credits, five (5) properties are receiving the discretionary formula and there were no new tax exempt applications.

Motion by Reuer, seconded by Reis to adjourn as Board of Equalization and reconvene as Board of County Commissioners. All voting aye.

DOE LICENSE AGREEMENT:

DOE Gran received a copy of our License Agreement with changes that an outside company would like made before signing it. Board consensus is that if a company would like to purchase our information, they need to sign our License Agreement as is with no changes and denied the request.

SPECTURM PORK:

Highway Supt. Nagel, Tobin Morris, Senior VP for Dougherty & Company LLC, and David Meyer, Spectrum Pork, met with the commissioners to discuss the previously requested gravel for one mile on 241st St in Reliance Twp. Meyer received what he considered to be a very high estimate to build the road from Brosz engineering. Discussion followed on how strong the road would need to be and other requirements, including time-frames, that would be necessary. Morris explained how the process of a TIF could help the county fund the road project. The county will discuss the project further at the next meeting and asked Auditor Halverson to work with Morris to start preliminary work on the TIF so that it can be in place if the county decides to move forward with the project. Supt. Nagel will also gather other estimates for the project. Supt. Nagel, Morris, and Meyer left the meeting.

EXECUTIVE SESSION:

11:45 a.m. Motion by Reis, seconded by Schelske to enter into executive session per SDCL1-27-1.5. All voting aye. Sheriff Manger was present.

12:15 p.m. Chairman Huffman declared the board out of executive session. No action required.

ADJOURNMENT:

Motion by Schelske, seconded by Reis to adjourn until April 23, 2019 at 8:30 a.m. All voting aye.

_________________________________________ ATTEST: _________________________________________

Ryan Huffman, Chairman Debra Halverson

Lyman County Commission Lyman County Auditor

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