Proceedings BC Commissioners 7-3-19


Board Of Bennett County Commissioners

Minutes Of Proceedings

Wednesday, July 3, 2019

Martin, South Dakota

The Bennett County Board of Commissioners met in regular session Wednesday, July 3, 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, Jeff Slattery

Others Present: Susan Williams, Auditor; Taylor Risse, Bennett County Booster; Terry Smokov, Highway Superintendent; Sarah Harris, States Attorney; Jeff Siscoe, Emergency and Disaster Manager; Jason Fanning, Area Landowner; Paul Slattery and Tate LaCroix, Area Residents; Jolene Donovan, Treasurer.


Judd Schomp made a motion with the correction that Rod Kirk requested a law department report at every meeting instead of once a month. Rod Kirk seconded.

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 May 31, 2019.

Balance on hand – County $5,009,147.95; Cash Change Account $250.00; Restricted Funds $303,866.17; Savings Accounts $0.00; Cash, Checks, Credit Cards $33,109.67; Treasurer’s Change Fund (- $150.00); NSF Checks $0.00; TOTAL $5,346,223.79

Dated this 8th day of July, 2019.


/s/ Susan Williams, Auditor


June - Register of Deeds: $1,727.00

Highway Department

Terry Smokov, Highway Superintendent, met with the Board to report on current road work. Mr. Smokov informed the Board he felt the department was making progress on the roads. There was discussion about the Highway Department loader being stuck and the amount of equipment and contractors used to pull it out. There was also questions about designating FAS roads and officially add them to the South Dakota Department of Transportation system.

Jason Fanning, Area Landowner, met with the Board to request the County provide a culvert for 286th Street. Mr. Fanning stated it is a section line road with farm equipment and other uses. Rod Kirk and Judd Schomp stated there are a lot of roads that need repair and the County cannot set a precedence by fixing two trail roads. Mr. Fanning stated he would not be responsible for any accidents on the road if the culvert is not fixed. There was discussion about posting “no maintenance” or “minimum maintenance” signs. Board suggested the people using it buy a culvert and place it.

There was discussion about a credit card for the County and surplus equipment at the Highway Department to help fund the 2020 Highway Budget.

There was discussion concerning Old Highway 18 North and options to fix pot holes.

There was discussion about the signage grant and if the County can use “no maintenance” and “minimum maintenance” road signs.

IRR Roads

Auditor Susan Williams reported KLJ Engineering had requested 198th Avenue be added to the IRR system of reservation roads. Jeff Siscoe, Director of Equalization, explained the request had come to the Register of Deeds. The Board agreed to table the request until more information is received.

Disaster Mitigation Project

There was discussion with Jeff Siscoe, Emergency and Disaster Manager, about roads needing repaired under the Disaster Mitigation project.

Sale of County Tax Deed Property

Paul Slattery and Tate LaCroix met with the Board concerning the sale of County Tax Deed property. The suggestion was made to set minimum at $4,000.00. The Commissioners agreed to wait until the next meeting, July 17, 2019 with a full board present to sell the property.

Auditor Susan Williams requested executive session concerning contract negotiation. Rod Kirk made a motion to go into executive session at 10:40 a.m. with a second by Judd Schomp.

All voted aye. Motion carried.

Chairman Wayne Bond declared executive session closed at 10:44 a.m.

Rod Kirk made a motion to make the minimum amount $2,000.00 and the right of the Board to refuse any and all offers for East 42 ft of Lots 1-2-3, Blk 10, Original Town, Bennett County, South Dakota.


The Board discussed a claim from Gerald Novak concerning the repair of a road. The Board agreed the claim was for oversize rock and not gravel and this was a one-time agreement to pay any road repairs before the project is pre-approved. The policy will be the Board must give prior approval before residents purchase rock or gravel and expect to be reimbursed by the County.

Yohner Inc. and O’Bryan claims were reviewed and the Board agreed to pay the claims. Judd Schomp made a motion to approve the Yohner Inc. claim for $6,397.97 and O’Bryan Contracting for $6,971.95. Rod Kirk seconded.

All voted aye. Motion carried.

Lincoln County Mental Illness Costs

Auditor Susan Williams presented information on Jackson County residents that the Oglala Sioux Tribe transport to the Bennett County Hospital and Bennett County is being billed by Lincoln County for the mental illness costs. States Attorney Sarah Harris explained Jackson County is refusing to pay and as the referring County, Lincoln County is charging Bennett County. The Commissioners questioned why IHS is not paying and directed the States Attorney to contact IHS for payment. The Board also requested the $868.46 be paid to Lincoln County.

2020 Budgets

The Board reviewed the 2020 Budget requests.

Justus Lot Mowed

Auditor Susan Williams informed the Commissioners that Stuart Drobny had mowed the Justus Lot without a charge to the County. The Board expressed their appreciation to Mr. Drobny.

Concealed Weapons Allowed in Courthouse

Judd Schomp requested that employees and the public be allowed to carry concealed weapons in the Courthouse. The States Attorney explained the laws governing weapons in a Courthouse and Commissioners may waive the law.

Executive Session

Judd Schomp made a motion to go into executive session concerning personnel with the Treasurer at 11:25 a.m. Rod Kirk seconded.

All voted aye. Motion carried.

Chairman Wayne Bond declared executive session closed at 11:38 a.m.

States Attorney Sarah Harris discussed with the Board the situations which can be used for executive session.


There being no further business to come 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


/s/ Susan Williams, Auditor

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

Published once at the total approximate cost of $88.83

Published: July 17, 2019

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