Proceedings: BC Commissioners 1-17-18


Board Of Bennett County Commissioners

Minutes Of Proceedings

Wednesday, January 17, 2018

Martin, South Dakota

The Bennett County Board of Commissioners met in regular session Wednesday, January 17, 2018, 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, Rocky Risse, Rolf Kraft, Jeff Slattery and Wayne Bond.

Others present: Susan Williams, Auditor; Sarah Harris, States Attorney; Paul Williams, Sheriff; Jeff Siscoe, Emergency and Disaster Coordinator; Jolene Donovan, Treasurer; Craig Howe, Area Resident.

Minutes Approved

The minutes of the special December 28, 2017 end of the year meeting and the regular January 3, 2018, meeting were approved with a motion by Rocky Risse and a second by Wayne Bond.

All voted aye. Motion carried.

Highway Department

The Board reviewed a hauling agreement with Jackson County to haul out of the Bauman Pit.

Wayne Bond made a motion to accept the Jackson County Hauling agreement. Jeff Slattery seconded.

All voted aye. Motion carried.

Rocky Risse reported the Highway department is hauling gravel and working on equipment.

Auditor Susan Williams informed the Board there would be a presentation by Brosz Engineering on the signage grant with the City at the February 21, 2018 meeting.


The Commissioners reviewed claims. Rocky Risse made a motion to approve claims subject to delinquent taxes. Wayne Bond seconded.

All voted aye. Motion carried.

General 101: (miles and meals included) December 2017 Payroll: Commissioners, $3,526.70; Auditor, $4,591.92; Treasurer, $3,383.94; States Attorney, $6,158.01; Gov. Bldg, $400.00; Director of Equalization, $2,065.44; Register of Deeds, $2,871.84; Veteran’s Service Officer, $691.00; Sheriff, $3,271.54; Jail, $151.00; County Wide Law, $8,098.34; WIC, $753.75; Extension, $1,149.41; Weed, $0.00; Coroner, $0.00; Election, $0.00.

Highway, 201: $15,485.32; Emergency & Disaster, 226: $688.48; 24/7 Program, 248: $1,541.42; Security First Bank, Employer’s share of OASI: $4,121.67; Bennett County Medical & Retirement: $12,668.81

Ab Investigations 2160.28 Evaluation; Amy R. Bartling 1142.06 Crt App Attorney Fees X1; At&T 223.57 Law & Hwy Cell Phones; At&T 44.17 Att 911; Bair Ford Mercury Sales 71.54 Law Dept Car Maint; Bennett County Booster 297.10 Comms, Trea & Sa; Bennett Co Hospital And Nh 109.20 Blood Alcohol X4; Bennett County School District 20000.00 Yearly Library Payment; Bc School Dist #3-1 12357.56 December 2017 Apportionme; Bennett County Treasurer 1282.32 Adv Taxes; Bennett County Treasurer 11865.17 Adv Taxes & Partial Payments; Bennett County Conservation Di 2500.00 2018 County Funding; Butler Machinery 49.68 Hwy Dept Repairs; Centurylink 123.15 911 Utilities; City Of Martin 112.11 Crt Hse & Cap Water Bills; City Of Martin 2625.62 December 2017 Apportionme; Cole Pest Control 70.00 Crt Hse & Jail Pest Removal; Correct Rx Pharmacy Services, 7.03 Inmate Medical; Correctional Risk Services 73.42 Inmate Medical; Culligan Water Conditioning 60.50 Crt Hse & Law; Department Of Revenue 34535.07 Dec. Transmittal; Department Of Revenue 205.00 Blood Alcohol X4; Dixon County Sheriff’s Office 19.71 Civil Paper Service; Fleet Safety Equipment, Inc. 322.00 Law Car Supplies; Freshstart Convenient Store 150.00 Law Dept Car Tow; The General Store 303.69 Hwy Dept Supplies & Tools; Golden West Technologies 1378.33 Internet, Phone Bills; Great Western Tire Inc. 964.08 Law Dept X2 Sets Of Tires; Grimm’s Pump & Industrial 286.71 Hwy Dept Repairs & Shipping; Group Resources Of Iowa Llc 142.50 Insurance; Group Resources Of Iowa Llc 439.97 Insurance Reimb; Heartland Paper Company 156.46 Law, Jail, 24/7 Paper Towels; Jbw Trucking 707.07 Hwy Gravel Hauling; Jeff Siscoe 221.55 Doe & Eds Travel Reimb; Mark Katterhagen 15.00 Mental Illness; Kieffer Sanitation 124.22 Hwy Dept Garbage Removal; Kimball-Midwest 621.49 Hwy Dept Supplies; Konica Minolta Premier Finance 234.48 Copier Lease; Kratovils True Value 119.79 24/7 & Crt Hse Supplies; Lacreek Electric Assoc. 5137.20 Electric Bill; Lewis & Clark Behavioral 160.00 Mental Illness; Lucy Lewno 148.96 Mental Illness Board; Liberty Car Wash 200.00 Law Dept Supplies; Darcy Lockwood 15.00 Mental Illness Board; Lynn’s Dakotamart 49.83 Crt Hse Supplies; Marco, Technologies Llc 43.20 Copier Lease; Martin Area Chamber Of Commerc 100.00 2018 Dues; Martin Auto Parts Ii, Inc. 2205.26 Law & Hwy Supplies; Mcleods Printing And Supply 109.89 Doe Assesment Notices; Medline Industries, Inc. 161.92 24/7 Ua Cups & Gloves; Mid-American Research Chemical 157.14 Hwy Diesel Fuel Conditioner; Monty Yellow Hair 10.00 Crt Hse Snow Removal; John Murphy 3995.54 Crt App Attorney Fees X2; Office Products Center 495.76 Law,Aud,Ext Supplies; Joseph Ashley Parr, Esquire 2191.33 Crt App Attorney Fees X2; Paul E Bachand Executive Direc 693.00 2018 Sa Dues; Pennington Co. Jail 568.15 Inmate Travel X7; Philip Motor Inc 848.35 Law Dept Car Repairs; Pillen Optical 139.00 D. Ceplecha Glasses; Plic-Sbd Grand Island 102.74 Life Insurance; Rosane Cement Products, Inc 300.00 Crt Hse Snow Removal; Salomon Sanitation 113.21 Crt Hse Garbage Removal; Scott Bauman 447.18 Hwy Dept Gravel; Sd Sheriff’s Association 602.93 Sheriff Yearly Dues; Sdacc 1465.00 Comms Yearly Dues; Sdaco 765.17 Aud, Trea, Rod 2018 Dues; Sdml Workers’ Compensaton Fund 15127.00 2018 Dues; Secretary Of State 50.00 Pistol Permit X1; Servall 254.96 Crt Hse Rugs, Mops, Tp,Pt; Shelly Siscoe 36.21 Crt Hse Cleaning Supplies; Shop-4-H-National 4-H Council 46.29 4-H Supplies; Sod’s Mechanical Contracting 181.64 Hwy & Crt Hse Pro Services; State Bar Of South Dakota 415.00 2018 Sa Bar Dues; Sword & Ahrendt Law Office Pc 643.00 Crt App Attorney Fees X1; Transource 2018.75 Hwy Dept Repairs; Valentine Office Supply 316.53 Law,Trea,Eds,Aud,Supplies; Voyager Fleet Systems Inc 1490.23 Law Dept Fuel; Wd Larson Companies 190.61 Hwy Dept Repairs; Paul Williams 25.00 Comms Travel Reimb; Winner Police Department 34212.80 Inmate Housing 12/2017; Yankton County 50.00 Mental Illness; Zuercher 3585.74 2018 Payment; Zuercher 198.00 Eds Maintenance Contract; Bo Sharp 70.40 Court Witness; Haley Brown 270.30 Court Witness

Expenditure Budgets

There was discussion concerning the end of the year expenditure budgets and revenue budgets.

2018 Wages

As per SDCL 6-1-10 the following list of employees and wages for 2018 was accepted with a motion by Rocky Risse and second by Jeff Slattery.

Commissioners 2018 Plus 2018 Increase

Jason Fanning $425.00 Monthly

Rocky Risse $425.00 Monthly

Jeff Slattery $425.00 Monthly

Wayne Bond $425.00 Monthly

Rolf Kraft $425.00 Monthly

Community Action Program

Mary Thomsen $18,508 Yearly

Auditor’s Office

Susan Williams $39,600 Yearly

Novlyn Janis $9.51 Hourly $1,040.00 Yearly

Treasurer’s Office

Jolene Donovan $35,385 Yearly

Kara Hancock $9.25 Hourly $520.00 Yearly

States Attorney’s Office

Sarah Harris $65,000 Yearly

Carol Boche $9.25 Hourly $1,040.00 Yearly

Director Of Equalization $27,066.00 Yearly

Emergency & Disaster

Jeff Siscoe $9,022 Yearly

Register Of Deeds

Nancy Sterkel $37,620 Yearly

Veteran’s Service Officer

Don Larson $9,503.00 Yearly

County Wide Law

Brittany Neigel $9.25 Hourly $1,040.00 Yearly

Amber Harris-Salway $11.00 Hourly

Tracy Mcconnachie $8.85 Hourly

Shelby Dubray $8.85 Hourly

Gary Rayhill $9.62 Hourly

Jason Erwin $15.25 Hourly $1,040.00 Yearly

Kevin Curtis $14.25 Hourly $1,040.00 Yearly

Lucas Hamar $14.25 Hourly

Sharon Loomis $8.85 Hourly


Paul Williams $42,816 Yearly


Jerry Bennett $12.25 Hourly $1,040.00 Yearly

Roger Sharp $12.00 Hourly $1,040.00 Yearly

Layne Sharp $10.00 Hourly $1,040.00 Yearly

Larry Livermont $12.00 Hourly $1,040.00 Yearly

Jackie Hicks $12.00 Hourly $1,040.00 Yearly

Dwight Deaver $12.00 Hourly $1,040.00 Yearly

Highway Clerk

Kara Hancock $9.25 Hourly $520.00 Yearly


Kristine Novak $9.76 Hourly

Extension Office

Mary Kay Sell $9.25 Hourly $1,040.00 Yearly


Shelly Siscoe $5,200.00 Yearly

County Coroner

Suzette Orth $58.00 Each

Deputy Coroners

Hannah Brown $58.00 Each

Jason Bustin $58.00 Each

All voted aye. Motion carried.

The Commissioners have approved the 2018 Wages as per budgets with a one-time bonus of $1,040.00 per pay period to Full time hourly employees.

Hourly wage will not change. Half time employees are pro-rated. Salary employees will receive an increase to their salary of $286.00.

Resolution #3-2018

The Board considered the Kosmicki Tract plat. Wayne Bond made a motion to approve Resolution #3-2018, Kosmicki Tract. Rolf Kraft seconded.

All voted aye. Motion carried.

Resolution #3-2018

Kosmicki Tract

WHEREAS; there has been presented to the Board of Commissioners of Bennett County, South Dakota, the plat of Kosmicki Tract a tract of land located in the S ½ of the SE ¼ of Section 22, T37N, R36W of the 6th P.M., Bennett County, South Dakota and;

WHEREAS; it appears to this Board that all taxes upon the property have been fully paid and the plat of the above described property has been executed according to statute.

NOW, THEREFORE, BE IT RESOLVED, that said plat is hereby approved in all respects.

Motion passed and Resolution #3-2018 adopted this 17th day of January, 2018.

/s/ Jason Fanning, Chairman


/s/ Susan Williams, Bennett County Auditor


At the request of the Auditor, Rolf Kraft made a motion to declare a laptop computer from the State’s Attorney’s office inventory #1320 as surplus with no value. Jeff Slattery seconded.

All voted aye. Motion carried.

Community Action

At the request of the Community Action Program, Rolf Kraft made a motion to designate Cole Pest Control as the pest control vendor for the Community Action Building. Wayne Bond seconded.

All voted aye. Motion carried.

2018 Law Enforcement Center agreement

Wayne Bond made a motion to approve an agreement with the Charles Mix County Law Enforcement Center for 2018. Rolf Kraft seconded.

All voted aye. Motion carried.

Law Department

Sheriff Paul Williams met with the Board to discuss a request from the City Attorney and the States Attorney to allow the City Police Department access to the County cells at anytime. There was discussion about the definition of a jail and lockup. Rolf Kraft reported on the meeting held with the County and City Law Board, the Chief Brandon Peterson, the States Attorney and the City Attorney and the Sheriff. Sheriff Williams presented the definition from the American Jail Association for jails and lockups. Mr. Kraft felt the City Attorney definition is different than the County. Ms. Harris disagreed and stated as per SDCL 24-11-1 the County 23 hour hold is a jail. Sheriff Williams stated the County insurance company definition is it is a lockup, not a jail. The Sheriff stated he is not comfortable using the lockup when there isn’t County staff there due to the liability issues. The Sheriff stated he is very concerned with the security and liability of the facility and his office. Sheriff Williams stated he and Chief Peterson have a good relationship and the Sheriff’s office and Police Department have always worked well together and Chief Peterson understands the concerns. He also stated he has been unable to find staff for the County holding cells during night time hours. There was discussion concerning options for the Police Department in their own facility and the law department has offered assistance with a cell door.

The States Attorney stated she is only concerned with the liability for the County and her opinion is to go by State Statue and not insurance. Sheriff Williams stated he is also concerned with liability for the County and without staff or insurance there would not be a 23 hour hold.

Rolf Kraft requested things stay as they are and encourage the City to use their funding to secure the Police Department facility. Jason Fanning suggested the City use the County cell door and that the Sheriff and Chief keep working together on the security issues.

Sheriff Williams informed the Commissioners that the Law Department had been awarded a military Humvee from the Federal Surplus at no cost but it is in Pennsylvania and transport would be approximately $1,800.00. There was discussion with Jeff Siscoe, Emergency and Disaster Coordinator, about the need for the vehicle. Mr. Siscoe and Sheriff Williams stated it would be used during blizzards and search and rescue and would be valuable to have. Mr. Siscoe encouraged the Board to approve the cost. The Board discussed budgets. Jeff Slattery felt County money is too tight. The Board agreed to leave it to the department head since it’s the law department budget.

Area Resident

Craig Howe, area resident, met with the Board and stated his appreciation for re-writing Resolution #5-2016 but he still had problems with Resolution #1-2018 with the reference to the Supreme Court ruling in 1881, Cherokee Nation versus Georgia. Mr. Howe presented a history of the decision and stated he disagreed with the language of the Resolution and requested it be corrected. Rolf Kraft stated he had done a lot of research on the information in the Resolution and he had never had anyone dispute the information in the Resolution. Mr. Howe stated the County should not go after Federal funds and it is a waste of time. States Attorney Sarah Harris, stated she would contact a professor at USD that was an authority on Indian Law and requested an opinion on the Supreme Court decision. The Board agreed to wait until more information was available before any decision is made.

County payroll

Treasurer Jolene Donovan requested the payroll time cards for County Employees be reviewed by her before payroll checks are written. Auditor Susan Williams stated the Auditor’s office is responsible for County payroll and the Human Resources for the County and will prepare payroll as it has always been done. The Commissioners agreed this was a decision for department heads.


There being no further business to come before the Commissioners, Wayne Bond made a motion to adjourn with a second by Rocky Risse.

All voted aye. Motion carried.

Board Of Bennett County Commission

/s/ ATTEST: Jason Fanning, Chairman

/s/ Susan Williams, Auditor

The next meeting will be Wednesday, February 7, 2018, at 9:30 a.m. in the Commissioner’s meeting room.

Published once at the total approximate cost of $207.59

Published: January 31, 2018

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