PROCEEDINGS: FRC Minutes 5-1-18

Proceedings

Fall River County Unapproved Minutes of May 1, 2018

The Fall River Board of County Commissioners met in regular session on May 1, 2018 in the courtroom on the second floor of the Courthouse. Present: Ann Abbott, Joe Allen, Joe Falkenburg, Paul Nabholz, Deb Russell and Sue Ganje, Auditor. 

The Pledge of Allegiance was stated, and the meeting called to order at 9:00 a.m.

The agenda was reviewed for conflicts - Joe Falkenburg noted a conflict on the injection well issue. All motions recorded in these minutes were passed by unanimous vote, unless otherwise stated.

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

Motion made by Nabholz, seconded by Allen, to table the county assistance until later in the meeting.

Motion made by Nabholz, seconded by Russell, to approve the April 3, 2018 minutes.

Motion made by Russell, seconded by Nabholz to approve the March 31, 2018 Auditor’s Account with the County Treasurer as follows:

Auditor’s account with the County Treasurer: to the Honorable Board of County Commissioners of Fall River County:

I hereby submit the following report of my examination of the cash and cash items in the hands of the County Treasurer of this County on this 31st day of March, 2018.

Total Amt of Deposit in First Interstate Bank: $135,782.68; Total Amt of Deposit in First National Bank of Lead: $1,000.00; Total Amount of Cash: $2,919.46; Total Amount of Treasurer’s Change Fund: $900.00; Total Amount of Checks in Treasurer’s Possession Not Exceeding Three Days: $48,643.84

SAVINGS: First Interstate Bank: $82,304.25; First National Bank of Lead: $2,011,933.53

CERTIFICATES OF DEPOSIT: First Interstate-Hot Springs: $3,650,237.92; Black Hills Federal Credit Union: $250,000.00; Bank of the West: $506,381.99

Itemized list of all items, checks and drafts that have been in the Treasurer’s possession over three days:

Register of Deeds Change Fund: $500.00

Highway Petty Cash: $20.00

Election Petty Cash: $15.00

TOTAL $6,690,638.67

Dated This 31st Day of March, 2018

/s/Sue Ganje, County Auditor of Fall River County

County Monies: $6,155,459.35

Held for other Entities: $376,492.66

Held in Trust: $158,686.66

TOTAL: $6,690,638.67

The Above Balance Reflects County Monies, Monies Held in Trust, and Monies Collected for and to be remitted to Other Entities: Schools, Towns, Townships, Fire and Ambulance Districts, and State.

Motion made by Russell, seconded by Nabholz, to reschedule the County Treasurer for the May 15, 2018 meeting where she will offer investment recommendations to the Board. 

Motion made by Abbott, seconded by Russell, to approve changing the November 6, 2018 meeting to November 8, 2018 to allow for the General Election Official Canvass.

Motion made by Russell, seconded by Abbott, to begin budget hearings at the May 15, 2018 meeting.

Dustin Ross, Andersen Engineers, met with the board. Motion made by Allen, seconded by Russell, to approve the following plat:

Fall River County Resolution #2018-08

A plat of Brunson Tract of Section 1, T10S, R2E, BHM, 

Fall River County, South Dakota

Containing part of the SE1/4NW1/4 and part of the NE1/4SW1/4

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 17th day of April, 2018.

/s/Joe Falkenburg

Fall River County Board of Commissioners 

Attest:

/s/Sue Ganje, Fall River County Auditor

Lyle Jensen, Building Supervisor, met with the board. Motion made by Abbott, seconded by Nabholz, to approve the quote for air conditioning at the South Annex, from Nelson’s Oil and Gas, Inc., in the amount of $2,998.00, plus applicable taxes.

Frank Maynard, Emergency Management, met with the board. Motion made by Abbott, seconded by Allen, to approve the following resolution:

Fall River County Resolution # 2018-09

Resolution For Emergency Disaster Support

WHEREAS, Fall River County, South Dakota, has suffered above normal precipitation and extreme cold and wind chills for the period of January 1, 2018 thru March 30, 2018, and

WHEREAS, Agriculture producers within the County have suffered great losses, whether it be from livestock or with crops, and

WHEREAS, the Agricultural community is struggling financially and emotionally to recover from the losses.

NOW, THEREFORE, BE IT RESOLVED, that the Fall River County Board of County Commissioners request that the South Dakota Department of Agriculture declare a disaster and emergency to assist the Agriculture Community to recover from this extreme and harsh weather.

Dated this 1st day of May, 2018

/s/Joe Falkenburg, Chairman

Fall River County Board of Commissioners

Attest:

/s/Sue Ganje, Fall River County Auditor

With Falkenburg abstaining, all others voting yes, motion carries.

Maynard presented an updated resolution to include the Angostura Irrigation District and spoke of fire hazards in Fall River County. All commissioners were opposed at this time, but asked Maynard to bring it back another time.

Maynard received a certificate for CRMCS training he attended on April 24, 2018 and advised that he will be traveling to Rapid City for training for medical preparedness and response to bomb incidents, training to be held May 7 and 8, 2018. Maynard explained to the board the SD silver jacket proposal application that he is working on that will update the flood plain from Cold Brook to the City of Hot Springs. Maynard also applied for a grant for commodity flow study on SD Highway 18 and the BNSF RR at Edgemont. He has also applied for a $750.00 grant to provide for Hazardous Materials Awareness training for responders and public officials. Fire and incidents were reported. 

Bob Evans, Sheriff, met with the board and presented information on the Jail Sergeant position. The board will work with the union to get this position back into the contract.

Susie Simkins, Director of Equalization met with the board. Motion made by Nabholz, seconded by Russell, to approve the abatement for George Eberle, 72150-13200-00100, in the amount of $17.49. Reason: Building was removed.

Motion made by Allen, seconded by Nabholz, to approve the following for the Conger Ranch, 13000-00707-17100, refund in the amount of $24.26 for pay 2015, refund in the amount 23.81 for pay 2016, refund in the amount of $25.24 for pay 2017 and abatement in the amount of $24.25 for pay 2018. Also, for parcel 13000-00707-29210, refund in the amount of $59.29 for pay 2015, refund in the amount of $57.94 for pay 2016, refund in the amount of $61.44 for pay 2017 and abatement in the amount of $58.99 for pay 2018. Reason: Legal description and acreage changes. 

Simkins spoke of the wage committee wanting direction for recommendations. Russell will meet with the committee after the May 15, 2018 meeting.

Paul Nabholz, Commissioner, spoke on county assistance, noting he is generally opposed to approving assistance, but has some books about total money makeover that he would pass out to applicants if interested. This may help those applicants manage their budgeting and debt. 

Nabholz also discussed the tax rebate ordinance that the City of Hot Springs approved, noting that it only applies to residents in the city and for only the city portion of the tax bill. Nabholz addressed problems he sees with a similar county ordinance, recommending that the commissioners wait and see if this is something that will work for the city, and spoke of state programs with better benefits. The board agreed that all entities need to be involved in these discussions. 

The board discussed injection wells. Nabholz believes they shouldn’t have written the letter; they should have relied on the judgment of DENR. Nabholz requested that they withdraw the letter and support the DENR. Falkenburg still doesn’t believe it’s worth the risk. Allen discussed the hearing in Pierre and would like to go and represent the county on their position. Motion made by Abbott, seconded by Russell to approve sending Allen to Pierre for the SD DENR Oil and Gas hearing, Case No. 5-2017. With Nabholz voting no, Falkenburg abstaining and all others voting yes, motion carries.

Randy Seiler, Highway Superintendent, met with the board. Motion made by Nabholz, seconded by Abbott, to approve the April 2018 fuel used or work performed to reimburse the highway department as follows: Weed & Pest for $144.04; Sheriff’s Department for $1,901.91; Director of Equalization for $39.98; Emergency Management for $97.04; GIS for $34.30 and Building for $42.39.

Seiler presented an amendment to a work order. Motion made by Russell, seconded by Allen to approve Amendment #2 for Brosz Engineering, Work Order for Agreement #410678, Project P0043(00), PCN 049U, Provo to Igloo Roadway, Design for Compensatory Mitigation Plan and Modifications, and authorize the chairman to sign.

Motion made by Russell, seconded by Allen to approve the Application for Road Approach Permit for Thomas V. Simons on the west side of Coffee Flats, road #8, approximately 200 yards north of Tanner’s road.

Motion made by Allen, seconded by Abbott to approve hiring Fred Schubbel Jr. as a heavy equipment operator at $15.05 per hour, as per Union Contract. Start date to be determined.

Motion made by Allen, seconded by Abbott to approve travel for Ken Martin, Hwy Office Manager, to attend an office personnel workshop May 17, 2018 in Pierre.

Motion made by Allen, seconded by Russell to approve the quote from Barker Concrete and Construction Inc. to remove rock from Gull Hill on old Hwy 18 in the amount of $21,100.00, rip rap to be hauled to Pass Creek Bridge, Bridge Deck Replacement project located 0.2 miles W and 0.3 miles N of Burdock on CO Rd 21. 

Motion made by Russell, seconded by Nabholz to approve the Agreement between the SD Dept of Transportation and Fall River County, Project P0040(00)215, PCN 04LM for Striping and Continuing Maintenance of County Roads within Fall River County.

Motion made by Russell, seconded by Abbott, to approve travel for Randy Seiler to attend the summer workshop on June 13 and June 14, 2018 in Pierre.

Seiler updated the board that work will begin on the bridge on Scenic Road around the end of June. Doug Kinniburgh, SD DOT, Local Government Assistance, will attend a meeting in June to update the board and residents on road projects going on in Fall River County. 

Lyle Rudloff met with the board to discuss the Chilson Bridge project and conversations he has had with state officials about the bridge or at-grade crossing. Rudloff believes that it didn’t matter to them whether to build the bridge or an at grade crossing, with the suggestion to build a bridge. It was noted that Kinniburgh would be here in June for the meeting to discuss the project and the board would go from there.

Stacey Martin, GIS, met with the board to update the board on her department activities. The Luca Census review is done and a PILT audit was conducted. Some acreage research has been corrected and there is still some research continuing. Martin has given new addresses for 65 new homes, which is a 37% increase. Martin stated that the old 911 signs have been fading and a plan is being worked on to replace them.

Motion made by Russell, seconded by Abbott to approve the bills, as follows:

General Fund: Fidelity Sec. Life Ins Co, Eye Insurance, $121.33; American Family Assurance, American Family Assurance, $624.01; A’viands Llc, Inmate Food/Supply, $26,393.50; Beesley Law Office, Caaf, $1,540.20; Behrens Wilson Funeral, Burial Expenses, $1,900.00; Black Hills Chemical, Supply, $432.85; Black Hills Energy, Utility Power Electric, $3,945.43; Boston Mutual Life Ins Co, Life Insurance, $32.76; Cardmember Service, Cardmember Services, $1,520.24; Century Business Leasing, Copier Lease & Meter, $982.82; City/Co Alcohol & Drug, Detox, $1,832.00; Colbath, Angela M, Caaf, $1,374.30; Credit Collection Bureau, Collections, $107.71; Delta Dental Plan Of Sd, Delta Dental, $2,362.15; Eagle Enterprises Llc, Supply, $275.00; Eftps, Payroll Taxes, $32,299.20; Executive Mgmt Finance, Bit Network Fees, $132.50; Fall River Clinic, Inmate Medical, $701.40; Farrell,Farrell &Ginsbach, Caaf, $1,042.48; Fall River County Herald, Publication, $383.23; Goff, Garland Lee, Caaf, $1,418.07; Harrington, Mardoqueo, Travel Reimbursement, $32.00;  Simkins, Susie, Travel Reimbursement, $32.00; Heartland Real Estate, Garnishment, $100.00; Heavy Highway Fringe, Insurance Fees, $540.00; Hillyard/Sioux Falls, Supply, $169.64; Iowa Laborers District, Health Insurance, $15,709.70; Johnson, Kimberly K, Court Reporter, $55.00; Karpel Solutions, Annual Maintenance, $1,530.00; Liuna Laborers Local 620, Union Dues, $250.00; Marco, Copier Lease, $155.00; Massa Donald Dds, Inmate Medical, $145.00; Mid Dakota Vegetation Mgt, Treatment & Mapping, $23,730.00; Nationwide Retirement Sol, Nationwide Retirement, $29.42; New York Life Insurance, New York Life Insurance, $65.00; Norton, Tina, Contract Nurse Inmate, $1,375.00; Child Support Payment Cnt, Child Support, $1,259.00; O’neill, Justin, Caaf, $1,714.87; Powell, Debra J, Blood Draw, $75.00; Quill Corporation, Office Supplies, $486.33; Rapid City Journal (The), Advertising/Proceedings, $351.03; Sdacc, Catastrophic County, $540.00; Sd Dept Of Revenue, Course Training, $440.00; Sd Retirement System, Sdrs Contribution, $15,918.71; Skinner, Matthew L. Pc, Caaf, $825.50; Sd Supplement Retirement, Srds Supplement Retirement, $950.00; Spot Wranglers, Contract Service, $1,552.00; Sd Dept Of Public Safety, State Radio, $3,090.00; Stephens Law Office, Caaf, $2,300.00; Stevens, Mikayla, Inmate Blood Draws, $300.00; The Little Print Shop, Printing, $877.23; Turner, Caitlin, Travel Reimbursement, $32.00; Twilight Inc, First Aid Supply, $202.59; United Way Black Hills, United Way Donation, $15.00; Verizon Wireless, Cell Phone Plan, $813.24; Winter, Paul R, Caaf, $553.20; Behrens, Donna, Mileage Reimbursement, $47.88; Commission, April Salary, $4,100.00; Auditor’s Office, April Salary, $14,219.17; Auditor’s Office, Overtime, $242.59; Treasurer’s Office, April Salary, $11,461.41; Treasurer’s Office, Overtime, $58.17; State’s Attorney’s Office, April Salary, $8,617.80; State’s Attorney’s Office, Overtime, $500.61; Maintenance, April Salary, $7,597.06; Assessor’s Office, April Salary, $11,943.50; Assessor’s Office, Overtime, $51.71; Register Of Deeds Office, April Salary, $8,726.68; Veteran’s Service Office, April Salary, $3,296.68; Gis, April Salary, $3,243.47; Sheriff, April Salary, $29,147.33; Sheriff, Overtime, $3,598.39; Jail, April Salary, $19,603.88; Jail, Overtime, $2,773.48; Coroner, April Salary, $300.00; Nurse’s Office, April Salary, $3,438.79; Nurse’s Office, Overtime, $49.19; Extension Office, April Salary, $3,324.16; Extension Office, Overtime, $54.42; Weed Office, April Salary, $4,490.76; Total For General Fund: $296,521.77

County Road & Bridge: A & B Welding Supply Co,Welding Supplies/Lease,$55.07; Fidelity Sec. Life Ins Co, Eye Insurance, $48.60; American Family Assurance, American Family Assurance, $421.58; Black Hills Energy, Utility Power Electric, $705.12; Brosz Engineering, Inc., Professional Service, $110.00; Butler Machinery Co., Supplies/Repairs, $716.76; Cardmember Service, Cardmember Services, $398.00; Delta Dental Plan Of Sd, Delta Dental, $404.50; Eftps, Payroll Taxes, $7,741.64; Fall River Auto Supply, Auto Parts/Repair, $63.28; Forward Distributing, Supplies/Parts, $66.55; Fall River County Herald, Publication, $136.50; Heavy Highway Fringe, Insurance Fees, $135.00; Hot Springs Ace Hardware, Supply, $86.32, Hot Springs Automotive, Auto Supply Parts, $925.20; Ricoh Usa Inc, Hwy Dept Copier Lease, $75.00; Iowa Laborers District, Health Insurance, $3,377.50; Liuna Laborers Local 620, Union Dues, $125.00; Lyle Signs, Signage, $51.98; Mcclung, Bruce, Uniform Allowance, $150.00; Nationwide Retirement Sol, Nationwide Retirement, $50.00; Norton’s Sinclair, Auto Repair, $21.40; Rapid City Journal (The), Advertising/Proceedings, $159.00; Rapid Deliver, Delivery, $17.51; Rushmore Office Supply, Supply, $109.98; Safety Kleen, Supplies, $124.47; Sd Retirement System, Sdrs Contribution/Sdrs Retirement, $4,010.56; Seiler, Randy, Cell Phone Reimbursement, $133.00; Sioux City Foundry, Parts, $2,800.00; Highway Department, April Salary, $33,330.00; Highway Department, Overtime, $598.63; Total For County Road & Bridge: $57,148.15

911 Surcharge Reimbursment: Century Business Leasing, Copier Lease & Meter, $43.50; Credit Collection Bureau, Collections, $302.86; Delta Dental Plan Of Sd, Delta Dental, $337.55; Eftps, Payroll Taxes, $3,695.33; Heavy Highway Fringe, Insurance Fees, $75.00; Iowa Laborers District, Health Insurance, $2,011.50; Liuna Laborers Local 620, Union Dues, $50.00; Messerli & Kramer, Collections, $117.24; Portfolio Recovery Assoc., Garnishment, $95.76; Quill Corporation , Office Supplies, $99.97; Sd Retirement System, Sdrs Contribution, $1,952.24; Dispatch, April Salary, $15,221.12; Dispatch, Overtime, $1,047.49;Total For 911 Surcharge Reimbursment: $25,049.56

Emergency Management: K & S Trailer Sales, Llc, Trailer, $3,365.00; Cardmember Service, Cardmember Services, $180.67; Eftps, Payroll Taxes, $1,370.95; Quill Corporation, Office Supplies, $90.48; Sd Retirement System, Sdrs Contribution, $583.95; Twilight Inc, First Aid Supply, $64.99; Verizon Wireless, Cell Phone Plan, $158.61; Fall River Emergency Management Office, April Salary, $5,309.03; Total For Emergency Management: $11,123.68

24/7 Sobriety Fund: Eftps, Payroll Taxes, $142.68; 24/7 Office, April Salary, $932.75; Total For 24/7 Sobriety Fund: $1,075.43

Courthouse Building Fund: Cardmember Service, Cardmember Services, $336.99; Christensen Electric, Llc, Service, $127.34; Total For Courthouse Building Fund: $464.33

Total Paid Between 4/18/18 And 5/1/18: $391,382.90

Break was taken at 10:54 a.m. Meeting resumed at 11:00 a.m.

During public comment, discussion was held on how property values were arrived at, sales in neighborhoods, and productivity.

Motion made by Russell, seconded by Nabholz, to enter into executive session as per SDCL 1-25-2 (3), for legal purposes at 11:08 a.m. Meeting reconvened at 11:28 a.m.

Motion made by Russell, seconded by Abbott, to authorize up to $5,000.00 for legal representation.

Motion made by Nabholz, seconded by Russell, to table the possible executive session for personnel.

Motion made by Allen, seconded by Abbott, to adjourn as the Board of County Commissioners and reconvene as the Consolidated Board of Equalization at 11:32 a.m. All commissioners and Scott Thompson, Hot Springs School District, were present.

Tim Beldin, #2018-07, met with the board. There had been confusion on the original date and time set for him to meet, and he did not appear on April 17, 2018. The Board had acted to make no change on that day. Beldon spoke of his appeal reasons, and the increased value which now included a Home Site. Motion made by Abbott, seconded by Falkenburg, to decrease the total value by 15% for Tim Beldin, #2018-07, parcel 65234-00000-01700. With Falkenburg and Abbott voting yes, all others voting no, motion failed.

Lane Thor, of The Paradigm Tax Group, authorized to represent KGL Rentals (Shopko Stores Operating Co., LLC)), #2018-09, spoke with the board via telephone. Motion made by Nabholz, seconded by Allen, to make no change to the director of equalization value. With Nabholz, Thompson, and Allen all voting yes, all others voting no, motion failed.

Motion made by Russell, seconded by Abbott, to accept Shopko’s offer of $1.67 million. With Abbott, Russell and Falkenburg voting yes, all others voting no, motion failed.

Motion made by Nabholz, seconded by Falkenburg, to set the value at $1.7 million for KGL Rentals (Shopko), #2018-09, parcel 75180-00705-232-12.

Motion made by Nabholz, seconded by Allen, to adjourn as the Consolidated Board of Equalization at 12:27 p.m.

Motion made by Allen, seconded by Nabholz to reconvene as a Board of County Commissioners at 12:28 p.m.

Motion made by Russell, seconded by Nabholz, to take the executive session off the table.

Motion made by Allen, seconded by Nabholz, to enter executive session as per SDCL 1-25-2, (1) and (3) for personnel and legal purposes at 12:28 p.m with the Deputy State’s Attorney Ahrendt. Meeting reconvened at 12:38 p.m.

Motion made by Nabholz, seconded by Abbott, to adjourn the meeting at 12:39 p.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 $239.40

Published: June 7, 2018

Fall River County Herald

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