Proceedings: BC Commissioners 11-4-19


Board Of Bennett County Commissioners

Minutes Of Proceedings

Wednesday, November 4, 2019

Martin, South Dakota

The Bennett County Board of Commissioners met in regular session Monday, November 4, 2019 in the Court Room.

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

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

Others Present: Angela Hicks, Auditor; Sarah Harris, States Attorney; Ed Johnson, Highway Department Labor; Tim Huether, Booster; Terry Smokov, Highway Superintendent; Paul Williams, Sheriff; Tom Beck, Area Resident; Tonya Huber, KLJ PE; Dave Kelly, OST Department of Transportation; Mike Harris, Area Resident.


The minutes from the regular October 16, 2019 meeting were approved with a motion by Rolf Kraft, 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 October 31, 2019.

Balance on hand – County $4,866,410.48; Cash Change Account $250.00; Restricted Funds $304,053.35; Savings Accounts $0.00; Cash, Checks, Credit Cards $104,878.90; Treasurer’s Change Fund - $150.00; NSF Checks $852.81; TOTAL $ 5,276,295.54

Dated this 14th day of November, 2019.


/s/ Angela Hicks, Auditor


October - Register of Deeds: $3,365.00

Highway Department

Highway Superintendent, Terry Smokov, met with the Board to discuss how the equipment is selling on Purple Wave. He reported on what has been sold so far and what they brought. Totals are as follows: 1971 Terex Wheel Loader $10,000.00; 2002 Volvo Motor Grader $24,000.00; 1982 John Deere Motor Grader $10,500.00; 1972 Caterpillar Motor Grader $5,200.00; Caterpillar Scraper $6,400.00; International 886 Tractor $4,900.00; International 1066 Tractor $4,600.00; John Deere 2640 Tractor $2,250.00; 1967 Chevrolet Dump Truck $1,950.00; 1997 Ford F700 flatbed truck with Sprayer system $8,300.00; 1962 International 130 drilling rig truck $3,600.00; 1992 Chevrolet K2500 Pick-up Truck $250.00. The 1986 Ford LT9000 Semi-Truck 10-speed will sell December 3, 2019 on Purple Wave. Mr. Smokov would like to see the money brought in by this go to fixing up some of the equipment that needs repairs. Mr. Smokov informed the Board on some of current equipment problems.

Mr. Smokov informed the Board about a proposal from Butler Machinery on a Schulte Mower. Mr. Smokov explained the equipment to the Board. Mr. Smokov requested a proposal from RDO Equipment for a Tiger Mower that is similar to the Schulte Mower. There was further discussion and it was decided that Mr. Smokov would approach the Board once he acquires all information.

There was discussion among the Board and Mr. Smokov about the current road ditches, and the need to get back to spraying weeds. This brought up the subject of right-of-ways and what the laws are to get back the County’s 33 feet. There are places in the County that farmers are getting crops right up to the roads and its creating issues to get roads built up properly. Sarah Harris, States Attorney, was asked to look up the law on right-of-ways and they need to be enforced.

Ed Johnson, Highway Labor, brought up to the Board that they are having issues with the new Graders purchased through Butler Machinery. There was discussion on the issues with Mr. Smokov, Mr. Johnson, and the Board. It was decided to talk with Jerry Heiser with Butler Machinery to figure out what can be done to correct this or if they have 30 days to return the equipment.

Sealed Bid Opening on Surplus Equipment

The Commissioners received two bids on the Highway Department’s surplus equipment. They are as follows: 

Steve Livermont $156.00 on the Slide in Sprayer 300 Gallon SS Briggs Pump

Tom Beck $51.79 on the Slide in Sprayer 300 Gallon SS Briggs Pump

Rolf Kraft made a motion to accept the high bid from Steve Livermont $156.00 for the Slide in Sprayer 300 Gallon SS Briggs Pump. Rod Kirk seconded.

All voted aye. Motion carried.

There was some discussion on what to do with the remaining equipment. The Board decided to sell it to whoever wants it, there isn’t much value to the equipment remaining.

Highway Department

There was further discussion on what was going to take place this winter with taking care of the cat willows they are becoming problematic. The Board discussed different areas that are currently being worked on with a backhoe.

Commissioner Kirk brought up the County Line Road culvert, he informed the Board that Hahn Construction can do the work for $38,600.00 that includes taking out the old culvert and placing the new culvert and all the work involved except the surfacing on top. There was some discussion among the Board. The motion was made by Rod Kirk to hire Hahn Construction for $38,600.00 to take out the old culvert place the new culvert and all the work involved except the surfacing on top, down on County Line Road and work to be completed by December 15, 2019. Seconded by Judd Schomp.

All voted aye. Motion carried.

Tom Beck, Area Resident, approached the Board about problems with 296th Street and 221st Avenue. There is a washout that is tremendous in size. Mr. Beck is not complaining about the Highway Department they did good with what they had to work with, but there is not much road left due to crops being planted up to the edge of the road. Mr. Beck is willing to work with the Highway Department to get the road back up to standard. He will plant grass on the road side as long as the right-of-way is going to be enforced.

Angie Hicks, Auditor, informed the Board about a gravel permit from Jeff Johnson and that he is unable to attend the meeting but was going to call some of the Commissioners to talk with them about any questions they may have. The Board decided to get ahold of him.

Commissioner Schomp informed the Board that next year the Highway Department is planning on working the road from Highway 18, South to Tuthill and all the way to the State Line, which is 18 miles. This includes getting it pulled up and graveled. Then the year after that going on the route out West, North of Batesland and across there. The State is asking for a 5-year plan, this is what we are trying to get done. Commissioner Kirk explained that Allen Road is done, Hisle Road is done, and Tuthill Road is the next main artery to be done. There was more discussion about roads among the Board and Mr. Smokov.

Resolution #5-2019

Terry Smokov, Highway Superintendent, informed the Board about this Resolution. There was a motion made by Judd Schomp to accept Bennett County Resolution #5-2019 with a second by Rod Kirk.

All voted aye. Motion carried.

Bennett County

Resolution #5-2019

Approving The South Dakota Department Of Transportation

Proposed Functional Classification

WHEREAS, there are identified specific types of roads and corresponding functions of those roads, some of which have not been updated for several years; and

WHEREAS, the Federal Highway Administration (FHWA), has prescribed rules governing the functional classification of roadways within Bennett County; and

WHEREAS, the South Dakota Department of Transportation (SDDOT) has verified all roadway mileage for Bennett County; and

WHEREAS, SDDOT has recommended that changes be made to specific roadways based upon functional classification standards as prescribed by FHWA.

NOW, THEREFORE, BE IT RESOLVED, that the Board of County Commissioners hereby approve changing the following functional classifications in Bennett County:

Rural Local Road to a Rural Major Collector

208th Ave.: From US 18 south approximately 3.007 miles to 295th St.

220th Ave.: From 296th St. south approximately 1.031 miles to 297th St.

Rural Minor Collector to a Rural Major Collector

295th St.: From 208th Ave. east approximately 2.508 miles to Fox Rd.

Fox Rd.: From 295th St. south approximately 0.751 miles to 296th St.

296th St.: From Fox Rd. east approximately 8.331 miles to 220th Ave.

297th Ave.: From 220th Ave. east approximately 5.000 miles to 225h Ave.

225th Ave.: From 297th St. north approximately 3.690 miles to Project Rd.

237th Ave.: From US 18 north approximately 3.040 miles to 286th St.

Rural Minor Collector to a Rural Major Collector

286th St.: From 237th Ave. west approximately 0.921 miles to 236th Ave. 

236th Ave.: From 286th St. north approximately 1.997 miles to 284th Ave. 

284th St.: From SD 73 east approximately 5.974 miles to 236th Ave.

Rural Minor Collector to a Rural Local Road

210th Ave: From US 18 South approximately 3.004 miles to 295th St. 

Adopted this 4th Day of November, 2019.


/s/ Chairman Wayne Bond 


/s/ Auditor Angela Hicks


Tonya Huber, KLJ PE, and Dave Kelly, OST DOT, approached the Board about 198th Avenue and putting it into the Oglala Sioux Tribe’s Road inventory. Ms. Huber informed the Board that the Oglala Sioux Tribe is wanting to chip seal the road from Highway 18 to the entrance of the Batesland Housing. Commissioner Schomp stated that it was discussed before and that there needed to be an agreement in writing, but this was never done. There was discussion about who owns the road, and if it is Bennett County’s Road, we can’t just give away the road. It was decided to look further into this matter to figure out who owns the road and meet again after further research.

Ms. Huber informed the Board about the Scenic Byway and that a small portion of the Byway will be in Yellow Bear Canyon. Ms. Huber is requesting a letter of support from the Commissioners explaining that all this entails is putting up a sign and adding it to South Dakotas Tourism website. There was discussion among the Board and Mr. Kelly. There was a motion made by Judd Schomp to draw up a letter of support for the Oglala Sioux Tribe on the Scenic Byway from the Bennett County Commissioners. Seconded by Rod Kirk.

All voted aye. Motion carried.

Library Agreement

Commissioner Kraft informed the Board about the agreement, and that it is signed every three years. Rod Kirk made the motion to approve the Library Agreement with a second by Jeff Slattery.

All voted aye. Motion carried.

Gravel Request

Mike Harris, Area Resident, approached the Board about getting a gravel permit for 292nd Street. Mr. Harris is requesting gravel from Ceplecha Pit, and have Ceplecha Trucking do 10 loads and the hauling at his expense. There was discussion among the Board. There was a motion made by Judd Schomp to approve Mike Harris’ gravel request for 10 Loads of gravel out of the Ceplecha Gravel Pit and the hauling paid for by Mike Harris for Ceplecha Trucking to haul gravel to 292nd Street. Seconded by Rod Kirk.

All voted aye. Motion carried.

Law Department

Sheriff Paul Williams gave his monthly report to the Board.

Sheriff Williams informed the Commissioners that the 2015 Patrol Pick-Up is in need of $4,000.00 repair work, however he would rather purchase a newer Dodge Ram right around $29,000.00 to $30,000.00. The 2015 has roughly 150,000 miles, and would like to see if it could be traded in on the newer Patrol Pick-Up. Sheriff Williams stated he is going to try and make it work as long as he can, but would like to get it ordered soon because it does take a while to get them in and it would be taken out of next year’s budget along with the equipment. There was further discussion with the Board and Sheriff Williams.

There was discussion about a training Mr. Williams went to with the Tribal Police, and that he was approached about being able to assist the Tribe with people that are not Tribal members. There was further discussion on this matter and how Mr. Williams can further assist Tribal Officers. 

Sheriff Williams informed the Board that Bennett County Sheriff’s Office is among the lowest paid in the State of South Dakota. Mr. Williams just wanted the Board to be aware that his deputies are not staying for the money, but are doing a great job for Bennett County residents.

Camera Security System

Sarah Harris, States Attorney, would like to table this issue until November 20, 2019. Ms. Harris did receive the quote and is working on the grant.

Randall Reservoir Meeting

Angie Hicks, Auditor, informed the Board that she just needs to know who is going so she can get a count for lunch. Rolf Kraft stated that he is going to attend that meeting.

Governor Granted Leave

Auditor Angie Hicks informed the Board that paid leave has been granted for December 23-25, 2019 for Christmas.

Public Segment on Agenda

Angie Hicks, Auditor, stated that at the last meeting it was requested to move the public segment earlier on the Agenda and it just needs to be a unanimous decision by the Board. Commissioner Schomp said that we are here for the public and would just like it moved up earlier so they wouldn’t have to sit through the whole meeting before they can talk. Tim Huether, Bennett County Booster, stated that we are the only ones that have time slots on the Agenda, but just have times for specific topics such as Bid Openings or when the meeting starts. After further discussion it was decided to have the public segment after Highway Department and that the meetings start at 9:30 a.m.

Juvenile Incentive Program

Sarah Harris, States Attorney, informed the Board about the Juvenile Justice Reinvestment Initiative, and that Bennett County had six juveniles complete this program and will be receiving $929.40 from the State. Commissioner Schomp asked if this money could be put back into the program? Ms. Harris stated she would check into that and get back to the Board.


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

All voted aye. Motion carried.


/s/ Wayne Bond, Chairman


/s/ Angela Hicks, Auditor

The next regular meeting will be Wednesday, November 20th, 2019 at 9:30 a.m. in the Courthouse. 

Published once at the total approximate cost of $176.40

Published: November 20, 2019

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