Proceedings: BC Commissioners 7-19-17


Board of Bennett County Commissioners

Minutes of Proceedings

Wednesday, July 19, 2017

Martin, South Dakota

The Bennett County Board of Commissioners met in regular session Wednesday, July 19, 2017, in the Commissioner’s meeting room.

The meeting was called to order at 9:30 a.m. by Chairman Jason Fanning.

Commissioners present: Jason Fanning, Wayne Bond, Jeff Slattery and Rolf Kraft.

Absent: Rocky Risse.

Others present: Susan Williams, Auditor; Taylor Risse, Bennett County Booster; Scott Hicks, area land owner; Jerry Heiser, Butler Machinery, Inc.; Sarah Harris, States Attorney; Craig Howe and Jacob Pankratz, CAIRNS; Rodney Anderson, Michael McCracken, Helen Novak, Area Residents; Forrest Stewart, Area Land owner.

Minutes Approved

The minutes of the regular July 5, 2017, meeting were approved with a motion by Wayne Bond and a second by Rolf Kraft.

All voted aye. Motion carried.

Highway Department

Scott Hicks, area land owner, met with the Board and explained the OST Department of Transportation was going to gravel a portion of Juniper Road. He stated the road is part tribal and part deeded and OST would gravel the deeded portion and the tribal if the Commissioners would grant permission.

Rolf Kraft made a motion to allow the OST Department of Transportation to gravel the portion of Juniper road that is deeded. Wayne Bond seconded.

All voted aye. Motion carried.

There was discussion concerning hauling gravel. Jason Fanning reported there were contractors hauling.

The Board reviewed a re-authorization for a general permit for storm water discharge for the S ¼ T37 R33 county gravel pit. The Board agreed to renew the permit since the pit is still open. 

Rolf Kraft reported he had inventoried the chemicals for weed spraying that are on hand, at this time he could not find a contactor to spray.

Jerry Heiser, Butler Machinery, Inc., met with the Board Mr. Heiser reported the CAT 143H grader has the final lease payment in 2017. After some discussion Wayne Bond made a motion to extend the rental agreement for one more year to 2018 at 4% interest. Jeff Slattery seconded.

All voted aye. Motion carried.

Mr. Heiser also informed the Board about NJPA, a national procurement company where the County could buy equipment without bidding.


The Board reviewed claims. There was discussion with States Attorney Sarah Harris about the Winner Jail inmate numbers and the high cost.

Wayne Bond made a motion to approve claims subject to delinquent taxes. Jeff Slattery seconded.

All voted aye. Motion carried.

General 101: (miles and meals included) June 2017 Payroll: Commissioners, $4,227.55; Auditor, $7,037.10; Treasurer, $5,056.16; States Attorney, $9,230.07; Gov. Bldg, $640.00; Director of Equalization, $3,098.16; Register of Deeds, $4,307.76; Veteran’s Service Officer, $1,036.50; Sheriff, $4,907.31; Jail, $372.63; County Wide Law, $12,810.57; WIC, $858.88; Extension, $1,966.94; Coroner, $174.00.

Highway, 201: $22,373.11; Emergency & Disaster, 226: $1,032.72; 24/7 Program, 248: $2,610.38; Security First Bank, Employer’s share of OASI: $6,157.70; Bennett County Medical & Retirement: $15,078.69

All States Ag Parts 220.14 Hwy Shipping & Repairs; AT&T 186.01 Law & Hwy Cell Phone Charges; AT&T 45.71 911 Service; Avera Health Plans 7919.38 August 2017 Insurance; Bair Ford Mercury Sales 94.65 Law Dept Car Repair; Bennett County Booster 329.32 Trea, Hwy, Comms, Law; Bennett Co Hospital And NH 109.20 Blood Alcohol X 4; Bc School Dist #3-1 15603.16 June 2017 Apportionment; Bennett County Treasurer 159.05 Advance Taxes; Bradley T. Borge 1052.00 Crt App Attorney Fees X1; Butch’s 162.50 Cap Ac; Butler Machinery 119.71 Hwy Dept Repairs; Chelsi Claussen 50.00 Dui Blood Draw X2; City Of Martin 142.44 Cap & Crt Hse Water; City Of Martin 6291.41 June 2017 Apportionment; Cole Pest Control 70.00 Crt Hse & Jail Pest Control; Country Pride Cooperative 5383.10 Hwy Dept Fuel; Creative Product Source, Inc 266.34 Law Supplies; Correctional Risk Services 263.51 D. Ceplecha Medical; Culligan Water Conditioning 41.50 Crt Hse & Jail Water; Dean Schaefer Court Reporting 60.00 Mental Illness X2; Department Of Revenue 48866.94 June Transmittal; Donovan Trucking 2764.70 Hwy Dept Gravel Hauling; Executive Mgmt Finance Office 42.00 June 2017 Fees; The General Store 99.28 Hwy Dept Repair & Supply; Golden West Technologies 1359.59 Internet, Fax & Phone Charges; Great Western Tire Inc. 1237.36 Hwy Tires; Group Resources Of Iowa Llc 161.50 Insurance; Group Resources Of Iowa Llc 672.54 Insurance Reimb; Heartland Paper Company 76.69 Crt Hse Paper Supplies; Jbw Trucking 5124.50 Hwy Dept Gravel Hauling; Jeff Siscoe 403.04 Doe & Eds Reimb; John Deere Financial 95.80 Hwy Dept Repairs; Mark Katterhagen 30.00 Mental Illness X2; Kieffer Sanitation 115.02 Hwy Dept Garbage Pickup; Konica Minolta Premier Finance 499.14 Copier Lease May & June; Kratovils True Value 67.96 Jail & Auditor Supplies; Kt Connections, Inc. 500.00 Aud, Doe,Rod Backup; Lacreek Electric Assoc. 1811.65 Electricity Charges; Lewis & Clark Behavioral Healt 320.00 Mental Illness; Lucy Lewno 299.42 Mental Illness X2; Lynn’s Dakotamart 90.19 Inmate Food; Jerald Lyon 100.00 Court House Lawn Care; Marco, Technologies Llc 43.20 Copier Lease; Marcus Harris 20.00 Crt Hse Maintenance; Martin Auto Parts II, Inc. 630.41 Hwy Dept Supplies; Mary Kay Sell 39.73 Ext Remib; Moreno, Lee & Bachand, Pc 194.06 Mental Illness; Morris Inc. 3913.87 Hwy Cold Patch Supplies; William A. Moss 750.00 Forensic Evaluation; John Murphy 2282.59 D. Ceplecha Attorney Fees; Neve’s Uniforms Inc 41.85 Law Dept Uniforms; Noble Industrial Supply Corp 404.76 Jail Cleaning Supply; Office Products Center 110.47 Law Supplies; Joseph Ashley Parr, Esquire 2245.87 Crt App Attorney Fees X2; Paula Pederson 1722.83 Crt App Attorney Fees X2; Pennington County Sheriff 3225.00 Housing X2 (R.Ceplecha); Philip Motor Inc 2211.12 Law Dept Car Repairs; Plic-Sbd Grand Island 88.36 County Life Insurance; Ravellette Pubs, Inc. 43.20 Hwy Dept Advertising Super; Redwood Toxicology Laboratory 388.40 24/7 Supplies; Regional Health Reference Lab 443.00 Coroner Services; Regional Home & Pharmacy 46.93 Inmate Meds X2 (R.Ceplecha); Salomon Sanitation 113.21 Crt Hse Garbage Removal; Sd Department Of Health 315.00 Blood Alcohol X 9; Sd Public Assurance Alliance 887.82 Insurance; Sdaao 300.00 Doe Training; Sdacc 372.54 Clerp Payment; Sdaco 74.00 June Share; Secretary Of State 7.00 Pistol Permit X1; Secretary Of State 14.00 Pistol Permits X2; Servall 273.65 Crt Hse Rugs, Mops, Cleaning; Sheehan Mack Sales & Equip Inc 93.15 Hwy Dept Repair; Karen Swanda 30.00 Mental Illness X2; Sword & Ahrendt Law Office Pc 1662.49 Crt App Attorney Feex1; Thomson Reuters - West 200.00 Aud Law Books; United States Postal Service 162.00 Doe, Comms Postage, Hwy Box; Valentine Office Supply 645.94 Rod,Eds,Trea,Aud, Sa,Law,; Voyager Fleet Systems Inc 1270.60 Law Dept Fuel; Paul Williams 128.60 Uniform Reimb; Winner Health Mart Pharmacy 249.72 Inmate Meds X3 (D.Ceplecha); Winner Police Department 46445.60 Inmate Housing; West River Computers 129.98 Law Dept Computer; Winner Reg Em Serv Comm Center 4575.20 911 March & April 2017; Yankton County 100.00 Mental Illness X2

Resolution #5-2017

The Board reviewed a Plat of Tract 1 of O’Bryan Place. Wayne Bond made a motion to approve Resolution #5-2017 with a second by Jeff Slattery.


Tract 1 of O’Bryan Place

WHEREAS; there has been presented to the Board of Commissioners of Bennett County, South Dakota, the plat formerly part of that parcel of land described in deed book 17, page 281 and part of that parcel of land described in deed book 18, page 203. Located in the SE¼ SW¼ of Section 17, T37N R37W of the Sixth Principal Meridian, Bennett County, South Dakota, and;

WHEREAS; it appears to this Board that the system of streets set forth therein 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 any 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, THEREFORE, BE IT RESOLVED, that said plat is hereby approved in all respects.

Motion passed and Resolution #5-2017 adopted this 19th day of July, 2017.


Williams, Bennett County Auditor


Craig Howe and Jacob Pankratz of the Center for American Indian Research and Native Studies met with the Board. Mr. Pankratz reported he is doing research through a fellowship to determine the change in the number of deeded acres in Bennett County beginning in 1913. Mr. Pankratz stated he is using the Assessment Books in the Director of Equalization’s office. He thanked Jeff Siscoe and the Commissioners for their assistance. Mr. Pankratz explained the project is ongoing and he has only completed 1913 to 1918. 

Resolution #6-2017

The Board reviewed Resolution #6-2017. Rolf Kraft made a motion to approve Resolution #6-2017.

All voted aye. Motion carried.


South Dakota Codified Law 7-22-17 States:

“The board of county commissioners may, by resolution, cancel any check or warrant that has not been presented for payment at any time within two (2) years of the date on which the check or warrant was issued.”

The following is a list of checks that are two (2) years old or older. These checks will be cancelled if they are not presented for payment within the next thirty (30) days.


55199 02/19/14 Klay Harris $12.96

55200 02/19/14 Kyla Alexandra $10.74

55240 02/19/14 William Livermont $65.54

55403 03/17/14 David Red Bear $10.74

55407 03/17/14 Julie Bad Wound $10.00

57463 03/18/15 BC Music Booster $12.00

57921 05/20/15 Tanner Hicks $62.81

57994 06/08/15 Nikki Harris $2.00

58132 06/17/15 Frankie York $10.00

58135 06/17/15 Gwen Curtis $21.10

58167 06/17/15 Richard Cummings $12.96

Respectfully submitted,

Jolene Donovan

Dated this 6th day of July, 2017

Bennett County Treasurer

Jason Fanning 



Bennett County Auditor

Executive Session

Wayne Bond made a motion to go into executive session with States Attorney Sarah Harris concerning legal issues at 10:43 a.m. Rolf Kraft seconded.

All voted aye. Motion carried.

Chairman Jason Fanning declared executive session closed at 11:06 a.m.

Wayne Bond made a motion to go into executive session at 11:10 a.m. concerning personnel. Jeff Slattery seconded. 

All voted aye. Motion carried.

Chairman Jason Fanning declared executive session closed at 11:30 a.m.

Area Residents

Rodney Anderson, Michael McCracken and Helen Novak met with the Commissioners to ask if a decision had been made about the Tuthill Streets. The Board informed them that no decision had been made and they were waiting on advice from the States Attorney.

Area Land Owner

Forrest Stewart, area land owner, met with the Commissioners about the denial of payment for gravel laid on a county road by the area residents. The Board explained a resident needed prior approval from the Board and they could consider it but they could not set a precedent for other land owners. Mr. Stewart also stated the roads need better maintenance. The Board explained they are working on it.


There being no further business to come before the Board, Wayne Bond made a motion to adjourn with a second by Jeff Slattery.

All voted aye. Motion carried.


ATTEST: Jason Fanning, Chairman

Susan Williams, Auditor

The next meeting will be Wednesday, August 2, at 9:30 a.m. in the Commissioner’s meeting room.

Published once at the total approximate cost of $149.94

Published: July 26, 2017

502 Second Avenue, Martin, SD 57551 • 605-685-6866 •