Proceedings: BC Commissioners 4-9-19

Proceedings

Board Of Bennett County Commissioners

Minutes Of Proceedings

Tuesday, April 9, 2019

Martin, South Dakota

The Bennett County Board of Commissioners met in regular session Tuesday, April 9, 2019 in the Commissioner’s Room.

The meeting was called to order at 9:30 a.m. by Chairman Wayne Bond.

Commissioners present: Wayne Bond, Rod Kirk, and Judd Schomp.

Absent: Rolf Kraft, and Jeff Slattery

Others Present: Susan Williams, Auditor; Marj Oleske, Bennett County Booster; Terry Smokov, Highway Superintendent; Jeff Siscoe, Emergency and Disaster Manager; Sarah Harris, States Attorney; Jaci Clifford, Register of Deeds; The Honorable Larry Long Circuit Court Judge (Retired) and Jean Kirk, Home Abstract Company; Tracy Radway, Haakon County Register of Deeds; Jolene Donovan, Treasurer.

Minutes

The minutes of the March 20, 2019 minutes were approved with a motion by Judd Schomp and second by Rod Kirk.

All voted aye. Motion carried.

Auditor’s Account with Treasurer

To the Honorable Board of County Commissioners of Bennett 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 as of March 31, 2019.

Balance on hand – County $4,479,295.56; Cash Change Account $250.00; Restricted Funds $303,725.02; Savings Accounts $0.00; Cash, Checks, Credit Cards $16,512.31; Treasurer’s Change Fund (- $150.00); NSF Checks $0.00; TOTAL $4,799,632.89

Dated this 3rd day of April, 2019.

Attest:

/s/ Susan Williams, Auditor

Reports

March - Register of Deeds: $1,764.00

Highway

Highway Superintendent, Terry Smokov, met with the Board to discuss current road work. Mr. Smokov reported the highway department is filling in washouts and doing maintenance on equipment. Mr. Smokov also stated he is looking for more highway labor.

Rod Kirk reported there is oversize rock available from O’Connell Construction, Inc. in Philip. Rod Kirk made a motion to purchase oversize rock from O’Connell Construction, Inc. in Philip at $8.00 per ton and $6.50 per loaded mile. Judd Schomp seconded.

All voted aye. Motion carried.

There was discussion about culverts and the size needed and markers.

There was discussion with Jeff Siscoe, Emergency and Disaster Manager on a federal disaster program and the process. Mr. Siscoe reported the damage assessment report for the state is due by April 23, 2019. There was also a discussion about an Environmental and Historical Study needed for new pits used to obtain dirt.

Auditor Susan Williams informed the Board Brosz Engineering will be doing the bridge inspections for flood damage.

Rod Kirk made a motion to approve the hire of Walter Martinez, Highway Labor, $13.00 hourly, effective April 5, 2019. Judd Schomp seconded.

All voted aye. Motion carried.

Judd Schomp made a motion to approve the wage for temporary highway labor at $12.00 hourly. Rod Kirk seconded.

All voted aye. Motion carried.

US Fish and Wildlife Service MOU

The Commissioners reviewed a Memorandum of Understanding between the US Fish and Wildlife Service and Bennett County. Rod Kirk made a motion to accept the MOU between LaCreek National Wildlife Refuge and Bennett County for maintenance of 1.75 miles of 297th Street and 224th Avenue a County road that provides access to a portion of the LaCreek National Wildlife Refuge. Judd Schomp seconded.

All voted aye. Motion carried.

New Hire

Judd Schomp made a motion to approve the hire of Eldrin Grinnell, Part-Time Jail/Courthouse Maintenance at $9.25 hourly, effective April 4, 2019. Rod Kirk seconded.

All voted aye. Motion carried.

Agtegra Cooperative Request

The Commissioners reviewed a request from Agtegra Cooperative to use County roads to land aircraft. States Attorney Sarah Harris stated she had reviewed the proposal. Rod Kirk made a motion to approve a permit to Agtegra to land aircraft on Bennett County roads. Judd Schomp seconded.

All voted aye. Motion carried.

Community Action Program Building

Auditor Susan Williams reported Jay Yohner had donated 4 hours of labor to the Community Action Program building door and had submitted a quote to fix the CAP building roof. The Board requested more quotes before it is considered.

Surplus

At the request of Sheriff Paul Williams Rod Kirk made a motion to declare the 2013 Ford Taurus patrol car, as surplus with Judd Schomp, Rod Kirk and Angie Hicks as an appraisal board. Judd Schomp seconded.

All voted aye. Motion carried.

Recess

Chairman Wayne Bond declared recess at 10:19 a.m.

Chairman Wayne Bond declared the meeting open at 10:55 a.m.

Register of Deeds Access

Judge Larry Long and Register of Deeds Jaci Clifford met with the Board to discuss the request of the Register of Deeds to not allow any access to her office and vault after hours. In July of 2007 the Commissioners had agreed to give access to the Register of Deeds office to Home Abstract Co. and its employees Brian Kirk and Jean Kirk.

Judge Long gave a history of the Home Abstract Co. in Bennett County since 1917 when his grandmother started it. He explained the Home Abstract Co. has had access to the Register of Deeds office for title research for more than 25 years. Judge Long requested the employees of Home Abstract Co. be given access to the records in the Register of Deed’s office after hours. He also stated his company is certified and bonded.

Register of Deeds Jaci Clifford requested the Commissioners rescind the agreement to allow Home Abstract Co. employees in the Register of Deeds office after hours due to her responsibility for the vital records in her office and the liability of her office and security issues.

Rod Kirk stated the Register of Deeds is an elected official and makes the decision for her office and she has control to monitor her office and records. There was discussion of options of allowing access to the office. Judge Long suggested a change in office hours, vital records locked in file cabinets or scanning the records into a computer system and he offered to help fund these options.

Tracy Radway, Haakon County Register of Deeds spoke in support of Ms. Clifford. Wayne Bond stated he understood the concerns from both sides. The Board requested the States Attorney opinion. Ms. Harris stated access to the Register of Deeds office is Ms. Clifford’s decision about who is given keys to her office.

Judge Long requests the Board consider the other options. Ms. Clifford stated scanning documents is a possibility but would be time consuming. Rod Kirk stated this should not be a Commissioners decision and should be up to the elected official. The Board asked that the Register of Deeds and Home Abstract Co. come to a decision together.

Rod Kirk made a motion to rescind the July 31, 2007 agreement to allow Home Abstract Co. employees Brian and Jean Kirk access to the Register of Deeds office after hours. Judd Schomp seconded.

All voted aye. Motion carried.

Personnel Policy Holidays

Jolene Donovan, Treasurer, representing the County employees, met with the Board to request the Commissioners add to the Bennett County Personnel Policy that holidays declared by the Governor be added to County holidays. The Board will consider this at the next meeting.

Old Highway 18

The Commissioners discussed the damage being done to Old Highway 18 by trucks. Judd Schomp made a motion to close Old Highway 18 to trucks 20,000-pounds and over until further notice. Rod Kirk seconded.

All voted aye. Motion carried.

The Board will direct the Highway Department to post the road.

Courthouse Closure for Weather

Jeff Siscoe, Emergency and Disaster Manager, requested the Board make a decision about closing the Courthouse due to weather. The Board agreed to designate Mr. Siscoe to make the decision on weather closures and to notify employees.

Close

There being no further business to go before the Board, Rod Kirk made a motion to adjourn with a second by Judd Schomp.

All voted aye. Motion carried.

Board Of Bennett County Commission

/s/ Wayne Bond, Chairman

ATTEST:

/s/ Susan Williams, Auditor

The next regular meeting will be Wednesday, April 17, 2019 at 9:30 a.m. in the Commissioner’s meeting room. 

Published once at the total approximate cost of $107.73

Published: April 24, 2019

502 Second Avenue, Martin, SD 57551 • 605-685-6866 • booster@gwtc.net