Proceedings: BC Commissioners 8-7-19

Proceedings

Board Of Bennett County Commissioners

Minutes Of Proceedings

Wednesday, August 7, 2019

Martin, South Dakota

The Bennett County Board of Commissioners met in regular session Wednesday, August 7, 2019 in the Commissioner’s Room.

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

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

Others Present: Susan Williams, Auditor; Taylor Risse, Bennett County Booster; Terry Smokov, Highway Superintendent; Sarah Harris, States Attorney; Jeff Siscoe, Emergency and Disaster Manager; Dennis Gregg and Jay Yohner Area Residents; Adam Johnson, Chase Strand, Robert Ceplecha, Area Land Owners; Todd Schmidt, LaCreek Refuge; Sheriff Paul Williams; Judge Bobbi Rank, 6th Circuit Presiding Judge; Chief Paul Schueth and Lori Kalenda, Winner Jail; Sara Frankenstein, City Attorney; Mayor Gary Rayhill; Gregg Claussen and Shirley McCue, City Council; Chief Brandon Petersen; Buddy Bolzer, BC Conservation District; Jolene Donovan, Treasurer.

Minutes

The minutes of the regular July 17, 2019 meeting were approved with a motion by Rod Kirk and second by Judd Schomp.

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 July 31, 2019.

Balance on hand – County $4,858,200.69; Cash Change Account $250.00; Restricted Funds $303,912.23; Savings Accounts $0.00; Cash, Checks, Credit Cards $16,840.52; Treasurer’s Change Fund - $150.00; NSF Checks $0.00; TOTAL $5,179,053.44

Dated this 8th day of August, 2019.

Attest:

/s/ Susan Williams, Auditor

Reports

July - Register of Deeds: $3,938.50

Highway Department

Todd Schmidt, LaCreek Refuge, met with the Board to report on funding that had been received for 297th Street to the trout pond. The road will be graveled and repaired. There was also discussion about use of a water pump that the Refuge will lend to the County. They also discussed weed spraying on the Refuge.

Jay Yohner and Dennis Gregg met with the Board to request more cold mix to fill pot holes on Old Highway 18 North. The group discussed the type of fill to use, grinding up the highway and the cost effectiveness of all the proposals. Jeff Slattery stated the people living on the road should be considered. The area residents requested a year to patch the road and see if it works. Judd Schomp requested grinding part of Old Highway 18 east of town as a trial run. There was also discussion about trying to control the traffic. Rod Kirk made a motion to deliver two loads of cold mix for Old Highway 18 North. Judd Schomp seconded.

All voted aye. Motion carried.

Adam Johnson, Area Land Owner, met with the Board to discuss the progress of changing the road on the County Line Road – Adam Johnson project. The Board explained this project would be bid out. Rod Kirk made a motion to let for bids the County Line Road – Adam Johnson project. Judd Schomp seconded.

All voted aye. Motion carried.

Adam Johnson informed the Board that the auto-gates approved by the County had not been used yet.

Chase Strand, Area Resident, met with the Commissioners to discuss 290th Street. There was discussion about the need for a culvert. The Board requested the Highway Superintendent look at it.

The Board reviewed a request from Robert Ceplecha for the authorization to transport County gravel to 290th Street. Jeff Slattery made a motion to approve the authorization permit for Robert Ceplecha to transport County gravel to 290th Street. Judd Schomp seconded.

All voted aye. Motion carried.

The Board reviewed a request from Dennis Bakley to transport County gravel to 233rd Avenue North. Rod Kirk made a motion to approve an authorization permit for Dennis Bakley to transport County gravel to 233rd Avenue North. Judd Schomp seconded.

All voted aye. Motion carried.

Terry Smokov, Highway Superintendent, informed the Board about current road work. There was discussion about mowing and disking the road ditches and sides of the roads. Mr. Smokov presented a list of surplus equipment after some discussion. Rod Kirk made a motion to surplus the following highway equipment, Judd Schomp seconded:

1992 Chev CK209

1982 John Deere 770A

2009 Volvo G946

1967 Chev CE514/Gravel Trk

1962 International C1304X4

1971 Caterpillar 619 Paddle Scraper

1979 Terex 72-51

1986 John Deere Tractor/2001 Disc Mower

1970 Cat 140

1964 IHC Tractor 1066/Ideal Mower

2002 Volvo 730VHP

1980 IHC Tractor 866

1986 Ford LTL9000

Century 225 AMP Wirefeed Welder

All voted aye. Motion carried.

Concealed Weapons in Courthouse

Judge Bobbi Rank, 6th Circuit Presiding Judge, met with the Board to address the issue of allowing weapons in the Courthouse. Judge Rank stated her main concerns were the state employees and court days. She explained she had serious concerns with anyone other than law enforcement carrying weapons and there was a lot of potential for serious injury. The Board explained they are only looking at weapons for County employees. Judge Rank requested the Commissioners consider exploring non-lethal weapons. There was discussion concerning security in the Courthouse.

Judge Rank stated she would meet with the Sheriff and States Attorney to consider the security issues. She asked the Board to postpone a decision until the issue is studied more. The Commissioners agreed to table a decision. It was agreed law enforcement staff and the judicial system would put together a report on security for the Courthouse.

Paul Schueth, Winner Chief of Police, expressed his concern about weapons in the Courthouse on court days because his employees are working with the inmates in the Courthouse.

Jail Use by City Officers

Sara Frankenstein, City Attorney; Gary Rayhill, Mayor; Gregg Claussen and Shirley McCue, City Council; met with the Commissioners requesting the County allow the City Police department use of the holding cells in the Courthouse. Roger Tellinghusen, Attorney for Sheriff Williams, was on a conference call. Sheriff Williams explained the proposition of using three cells not used by the County available to the City Police with an outside door. Ms. Frankenstein also presented information on grants available for the County to build a jail. Ms. Frankenstein questioned Sheriff Williams on allowing the Police Department to use the County Jail. Sheriff Williams explained the holding cells are his responsibility and he requires a County employee available. The Board discussed the City providing funding for a County employee as jailer. Ms. Frankenstein stated she did not feel the City should provide funding for a County responsibility. There was discussion about the County’s responsibility to provide a jail and Rolf Kraft explained the County meets that obligation because the County Jail is the Winner Jail. There was also discussion about when a prisoner becomes the County responsibility. Sheriff Williams and Rolf Kraft explained the arrests are not the County responsibility until they are booked into the Winner Jail. There was also discussion again about whether the County met its responsibility for providing a jail. Rod Kirk and Judd Schomp suggested the City take over the County jail and staff it and run it and take County prisoners. Ms. Frankenstein stated the County needs to do that. It was discussed that the County does not have enough man power for a jailer.

After more discussion about the City using the holding facility and using City officers for temporary holding the group talked about a joint powers agreement. Mayor Gary Rayhill informed the group the City Police had a bench available to hold prisoners such as Pennington County had and he did not know if the City was using it. Chief Petersen stated they occasionally had more than one arrest and for safety purposes needed the use of cells. The group agreed the States Attorney and City Attorney would prepare a joint powers agreement. Ms. Frankenstein stated she will give grant information to States Attorney Sarah Harris and Kim Clausen, Grant Writer.

Conservation District

Buddy Bolzer, Bennett County Conservation District, requested help with the Conservation District drill that sets at the Highway Shop. The Commissioners suggested fixing the drill and the County does not have a tractor available to lift the drill.

Resolution #3-2019

Jeff Siscoe, Emergency and Disaster Coordinator, presented the Resolution #3-2019 Bennett County Hazard Mitigation Plan 2019-2024. Jeff Slattery made a motion to accept Resolution #3-2019. Rod Kirk seconded.

All voted aye. Motion carried.

Resolution #3-2019

Bennett County Hazard Mitigation Plan 2019-2024

WHEREAS, the Bennett County Board of Commissioners supports the contents of the Bennett County Hazard Mitigation Plan, 2019-2024; and

WHEREAS, the Bennett County Hazard Mitigation Plan, 2019-2024 will be utilized as a guide for planning related to FEMA Pre-Disaster Mitigation and other purposes as deemed appropriate by the Bennett County Board of Commissioners.

NOW, THEREFORE, BE IT RESOLVED, that the Bennett County Board of Commissioners hereby adopts, supports, and will facilitate the Bennett County Hazard Mitigation Plan, 2019-2024 implementation.

Motion passed and Resolution #3-2019 adopted this 7th day of August, 2019.

Wayne Bond, Chairman (Absent) 

/s/ Rolf Kraft

/s/ Jeff Slattery 

/s/ Judd Schomp

/s/ Rod Kirk

ATTEST:

/s/ Susan Williams, County Auditor

County Tax Deed Property

Auditor Susan Williams reported there is County tax deed property to be sold. The Board agreed to auction the property at a meeting.

Deputy Coroner

At the request of Coroner Jason Bustin, Rod Kirk made a motion to appoint James Awuah as a Deputy Coroner effective August 7, 2019. Judd Schomp seconded.

All voted aye. Motion carried.

New Hire

Jeff Slattery made a motion to approve the hire of Donell Bucholz 24/7 Clerk, $9.25 hourly, effective July 29, 2019. Rod Kirk seconded.

All voted aye. Motion carried.

Community Action Roof

Judd Schomp reported the Community Action Program building needed the roof fixed. The Board had two quotes to fix the roof and agreed to take the low quote and accept Drobny Construction to repair the roof.

Surplus Funds

There was some discussion about using County Surplus funds.

Executive Session

Judd Schomp also stated he is concerned with the confidentiality of executive session.

2020 Provisional Budget

The Commissioners agreed to meet Tuesday, August 13, 2019 at 9:00 a.m. to finalize the 2020 Provisional Budget.

Close

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

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, August 21, 2019 at 9:30 a.m. in the Commissioner’s meeting room.

Published once at the total approximate cost of $144.27

Published: August 21, 2019

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