Proceedings: BC Commissioners 7-17-19

Proceedings

Board Of Bennett County Commissioners

Minutes Of Proceedings

Wednesday, July 17, 2019

Martin, South Dakota

The Bennett County Board of Commissioners met in regular session Wednesday, July 17, 2019, in the Commissioner’s meeting room.

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

Commissioners present: Wayne Bond, Rolf Kraft, Judd Schomp, Jeff Slattery and Rod Kirk.

Others present: Susan Williams, Auditor; Taylor Risse, Bennett County Booster; Heather Covey, 6th Circuit Administrator; Terry Smokov, Highway Superintendent; Sarah Harris, States Attorney; Jerry Heiser and Preston VanPelt, Butler Machinery; James Cross, Oglala Sioux Tribe Council; Kevin Rascher, Area Resident; Sheriff Paul Williams; Paul Slattery, Area Resident; Jolene Donovan, Treasurer.

Minutes Approved

Rod Kirk made a motion to approve the July 3, 2019 meeting minutes and the July 12, 2019 special meeting minutes. Judd Schomp seconded.

All voted aye. Motion carried.

Highway Department

There was discussion concerning the culvert on 295th west of 208th Avenue that O’Bryan Construction had placed and that had washed out. Judd Schomp explained O’Bryan Construction was doing more work than previously quoted. Jeff Slattery made a motion to pay O’Bryan Construction $4,500.00, the County to provide riprap and backfill and O’Bryan would provide fabric. Judd Schomp seconded.

Voting Aye: Rolf Kraft, Jeff Slattery, Judd Schomp, Rod Kirk.

Voting Nay: Wayne Bond.

Motion carried.

Jerry Heiser and Preston VanPelt met with the Board to report on new graders at Butler Machinery.

James Cross, Oglala Sioux Tribe Council, met with the Board to discuss a request from KLJ Construction to place 400 feet of 198th Avenue on the IRR roads inventory.

There was discussion about the County giving permission to maintain the road and have the States Attorney draw up an agreement and discuss at a later time the request to place the road on the IRR system.

There was discussion about Oglala Sioux Tribe paving the road to the housing. The Board stated the County does not have equipment to maintain asphalt and agreed the 400 feet would be gravel.

Jeff Slattery made a motion to give the Oglala Sioux Tribe permission to maintain 400 feet of 198th Avenue. Rolf Kraft seconded.

Voting Aye: Jeff Slattery, Wayne Bond, Rolf Kraft, Rod Kirk.

Voting Nay: Judd Schomp.

Motion carried.

There was more discussion about asphalt. A conference call with Dave Kelly, Oglala Sioux Tribe Department of Transportation. More discussion about ownership and right of way. Mr. Kelly stated the Oglala Sioux Tribe plans on asphalting the road. The Commissioners expressed concern with the road being left to the County to maintain with asphalt and the County does not have the equipment. States Attorney Sarah Harris recommended waiting until a formal agreement is signed for maintenance. Jeff Slattery made a motion to rescind the previous motion with a second by Rolf Kraft.

All voted aye. Motion carried.

The Board agreed to work together concerning the repair and maintenance of the road. Judd Schomp made a motion to grant Oglala Sioux Tribe permission to fix 400 feet of 198th Avenue pending the signing of a maintenance agreement between Bennett County and Oglala Sioux Tribe. Rod Kirk seconded.

Voting Aye: Jeff Slattery, Wayne Bond, Judd Schomp, Rod Kirk.

Voting Nay: Rolf Kraft.

Motion carried.

States Attorney Sarah Harris will prepare the agreement.

Concealed Carry in Courthouse

Judd Schomp made a motion to table the decision concerning concealed carry policy for the Courthouse. Rolf Kraft seconded.

All voted aye. Motion carried.

Kevin Rascher, Area Resident, met with the Board to express his concern with allowing concealed carry in the Courthouse. He explained he supports the 2nd Amendment but allowing firearms in the Courthouse except for law enforcement is a liability and jeopardizes people in the Court and Courthouse. There was discussion concerning employees being allowed to carry concealed weapons. There was discussion concerning an enhanced license. Mr. Rascher stated he was not concerned with employees carrying concealed with an enhanced license.

Claims

The Board reviewed claims. Judd Schomp made a motion to approve claims subject to delinquent taxes. Rod Kirk seconded.

All voted aye. Motion carried.

AT&T, $274.42, July 2019 Statement; Bennett County Booster, $545.17, June 2019 Statement; Bennett Co Hospital And NH, $57.50, July 2019 Statement; BC School Dist #3-1, $96,461.13, June 2019 Apportionment; Bennett County Treasurer, $436.52, Adv Taxes J Clifford; Bradley T. Borge, $4,248.75, Crt Appt Atty X5; Butler Machinery, $246.37, Repairs & Blade Extension; Centurylink, $130.15, July 2019 Statement; City Of Martin, $108.61, July 2019 Statement; City Of Winner, $2,000.00, 2019 Admin Fees; City Of Martin, $6,725.06, June 2019 Apportionment; Coast To Coast, $273.56, Law Supplies; Cole Pest Control, $70.00, June 2019 Services; Connecting Point, $10,025.00, July 19- June 20 Contracts; Country Pride Cooperative, $11,895.12, Gas & Diesel Hwy Dept; Correctional Risk Services, $883.33, July 2019 Invoice; Culligan Water Conditioning, $44.00, July 2019 Statement; Dakota Battery & Electric, $247.33, Alternator Hwy Dept; Don Davis Auto Group, $138.00, Ovrpmt Taxes J Speidel; Executive Mgmt Finance Office, $34.75, June 2019 Billing; The General Store, $331.20, Shop Sup/Rent Equip Allen Rd; Golden West Companies, $1,489.03, July 2019 Statement; Great Western Tire Inc., $675.28, Tires Hwy Dept; Group Resources Of Iowa LLC, $133.00, July 2019 Invoice; Handcock Farms Inc, $856.28, Reimbursement Trucking/Gravel; Sarah Harris, $98.61, Reimbursement For Supplies; Hughes County Finance Office, $1,770.00, Jail Billing For June 2019; John Deere Financial, $28,907.07, Supplies,Actuator, Grader Pmt; Kieffer Sanitation, $132.00, Hwy Dept Utilities; Kimball-Midwest, $831.98, Hwy Dept Shop Supplies; Konica Minolta Premier Finance, $243.48, Copier Lease Payment; Krogman Law Office, Pllc, $1,561.18, Crt Appt Atty X7/1 Juv; Lacreek Electric Assoc., $2,197.53, July 2019 Utilities; Amanda Lacroix, $182.67, Crt Appt Atty X2; Lacroixs True Value, $254.41, June 2019 Statement; Levis Auto Metal & Recycling, $70.00, Side Mirror #3; Lincoln County Treasurer, $868.46, Jackson Co Residents Mental X4; Steve Livermont, $5,269.32, Machine Hire, Labor, Mileage; Martin Auto Parts II, Inc., $781.07, July 2019 Statement; Medline Industries Inc., $312.95, 24/7 Supplies; Meierhenry Sargent LLP, $4,397.78, D Ceplecha Appeal Atty; Gerald Novak, $1,436.96, Gravel; Doug O’Bryan Contracting, $6,971.95, Trucks & Drivers; Thomas O’Meara, $370.00, Execution T Marrs; Office Products Center, $454.09, July 2019 Statement; Pennington Co. Jail, $472.15, June 2019 Transport Billing; Pennington Co. States Attorney, $215.00, Mental Illness Other; Rapid City Police Department, $450.00, June 2019 Drug Testing; Salomon Sanitation, $120.00, July 2019 Services; SD Department Of Health, $200.00, June 2019 Invoice; SD Dept Of Revenue, $39,745.31, June 2019 Transmittal; SDaco, $38.00, June 2019 Share; SDSU Extension, $25.00, MKS Nitrate Quick Test Trainin; Servall, $355.71, July 2019 Statement; Sheridan County Court, $1.25, Certified Copies; Sandy Steffen, $5,211.36, Cac X1/Juv X1; Summit Signs, $500.00, Signs For Allen Rd; Swier Law, Firm, Prof. LLC, $2,541.63, Crt Appt Atty X1; Sword & Ahrendt Law Office Pc, $2,756.71, Crt Appt Atty X4; Transource, $654.74, Repairs #9 Hwy Dept; Truenorth Steel, $10,815.00, B Ceplecha Culvert; Truenorth Steel, $30,702.24, Culverts For Rayhill, S Vetal; United States Postal Service, $274.00, Hwy Dept Box Fee/Law Postage; Valentine Office Supply, $452.59, July 2019 Statement; Voyager Fleet Systems Inc, $1,769.74, July 2019 Statement; WD Larson Companies, $77.88, Repairs #16, #17 Hwy Dept; Mona Weiger, $144.40, Court Reporter Grand Jury; Susan Williams, $122.30, National Election Cyber Exerci; Winner Health Mart Pharmacy, $138.69, June 2019 Inmate Meds; Winner Police Department, $30,567.75, June 2019 Invoice; Yohner, Inc, $6,397.97, Machine Hire; Willard Clifford, $51.00, Excise Tax Refund; Robbie Kiefer, $93.60, Refund License Plates

County Coroner

Rod Kirk made a motion to appoint Jason Bustin as Bennett County Coroner. Rolf Kraft seconded.

All voted aye. Motion carried.

Weed Board

There was discussion about the need for a weed board. At this time Larry Livermont, Highway Department, is spraying weeds. There was some discussion about contracting and the surplus equipment that is available. The Board agreed to put together plans for a weed program.

Law Department

Sheriff Paul Williams reported on the work done in the last month and the work done by Chief Deputy Erwin and Deputy Curtis.

Clutter Complaint

There was a complaint about clutter around a residence and discussion about ordinances needed to enforce clean up. The Board requested the States Attorney put together information.

Sale of Tax Deed Property

The Board met with Paul Slattery to sell the Bennett County tax deed property E 42ft of Lots 1-2-3, Blk 10 Original Town, Martin, SD. There was discussion about the amount of taxes due, the assessed value and the minimum amount set by the Board. Mr. Slattery offered $1,500.00. Judd Schomp made a motion to accept $1,500.00 from Paul Slattery for E 42ft of Lots 1-2-3, Blk 10, Original Town. Rod Kirk seconded.

Voting Aye: Rolf Kraft, Wayne Bond, Judd Schomp, Rod Kirk.

Abstain: Jeff Slattery.

Motion carried.

Legion Baseball Team

Members from the Legion Baseball Team met with the Board to request a donation for the team. Rod Kirk made a motion to donate $500.00 to the American Legion Baseball Team. Judd Schomp seconded.

All voted aye. Motion carried.

FEMA Meeting

There was discussion about a FEMA meeting in Mission concerning procedures to submit disaster information for reimbursement.

Pre-Paid Credit Card

There was discussion about a pre-paid credit card for the County. Rod Kirk made a motion to apply for a pre-paid credit card from Security First Bank for the Highway Department and the Courthouse with a $3,000.00 deposit. Judd Schomp seconded.

All voted aye. Motion carried.

Highway Department

The Board discussed the County Line Road which was estimated at $180,000.00 to repair and the Adam Johnson road project and FAS roads.

Chairman Wayne Bond declared recess at 12:30 p.m.

Chairman Wayne Bond called the meeting to order at 1:30 p.m.

The Commissioners discussed a request for reimbursement from Timmerman & Sons Feeding Co., Inc. for gravel purchased in 2018 and rock purchased in 2019 for a County road. The Board discussed that the gravel was purchased a year ago and the purchase had not been pre-authorized. Rod Kirk made a motion to deny the request for Timmerman & Sons Feeding Co., Inc. Rolf Kraft seconded.

All voted aye. Motion carried.

2020 Budgets

The Commissioners met with several department heads to discuss their 2020 budget requests.

Executive Session – Personnel

Judd Schomp made a motion to go into executive session at 2:35 p.m. concerning personnel. Rod Kirk seconded.

Voting Aye: Wayne Bond, Jeff Slattery, Rod Kirk, Judd Schomp.

Voting Nay: Rolf Kraft.

Motion carried.

Chairman Wayne Bond declared executive session closed at 3:02 p.m.

Close

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 Commissioners Meeting Wednesday, August 7, 2019, at 9:30 a.m. in the Commissioner’s meeting room.

Published once at the total approximate cost of $144.27

Published: July 31, 2019

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