Proceedings: BC Commissioners 1-22-20


Board Of Bennett County Commissioners

Minutes Of Proceedings

Wednesday, January 22, 2020

Martin, South Dakota

The Bennett County Board of Commissioners met in regular session Wednesday, January 22, 2020. The meeting started in the Commissioner’s Room, then was moved to the Courtroom.

Commissioners present: Judd Schomp, Jeff Slattery, and Rod Kirk.

Absent: Rolf Kraft and Wayne Bond.

Others present: Angie Hicks, Bennett County Auditor; Paul Williams, Bennett County Sheriff; Jason Erwin, Bennett County Chief Deputy; Kevin Curtis, Bennett County Deputy; Mary Kay Sell, Bennett County Extension; Terry Smokov, Highway Superintendent; Jeff Siscoe, Bennett County Emergency and Disaster Manager; Jolene Donovan, Bennett County Treasurer; Taylor Risse, Bennett County Booster; Sarah Harris States Attorney; Tom Wilsey, Brosz Engineering; Area Residents: Jay Yohner, Bob Ceplecha, Wayne Heath, Larry Heath, Wayne Sterkel. Others Present: Hunter Kalisintz, Eric Atkins, Jackson Pond, and Jake and Jim Peltz, Peltz Construction.

The meeting was called to order at 9:30 a.m. by Chairman Jeff Slattery.

Chairman Jeff Slattery made the motion to go into executive session at 9:32 am for personnel per SDCL 1-25-2 with Sheriff Williams and Jason Erwin, Bennett County Chief Deputy. Seconded by Rod Kirk.

Voting Aye: Jeff Slattery, Rod Kirk.

Abstained: Judd Schomp

Motion carried.

Chairman Jeff Slattery made the motion to come out of Executive Session at 9:53 a.m. with no action taken. Seconded by Rod Kirk.

Voting Aye: Jeff Slattery, Rod Kirk.

Abstained: Judd Schomp.

Motion carried.

Approve January 8th, 2020 Meeting Minutes

There was some discussion on the minutes from the January 8th Commissioners meeting. A couple corrections that were pointed out: Rolf Kraft voted Nay on the Holding Facility Agreement, the title for the Register of Deeds reports was amended to Sales Report for Real Estate Transfers from Real Estate Transfer Charge. Commissioner Schomp pointed out that under Public Comment the wording for Rod Kirk’s apology to Sue Lewis should be changed from verbal attack to just an apology for the last meeting. Also, Leroy Guptill has the potential for flooding, he hasn’t actually had any flooding. 

Commissioner Schomp asked if the minutes can be approved before being published? Angie Hicks, Auditor stated that I have 10 business days to get the minutes typed and published, so there wouldn’t be any way to do that. Commissioner Schomp made the motion to approve the minutes with the changes as follows: Rolf Kraft voting Nay on the Holding Facility Agreement, Register of Deeds real Estate Transfer amended to Sales Report for Real Estate Transfers, and verbal attack being taken out under public comment second line down, and public comment (Leroy Guptill) second line down doesn’t have flooding but the potential for flooding. Rod Kirk seconded.

All voted aye.

Motion carried. 

Sealed Bids for Bennett County Road Realignment

There were four sealed bids received for Bennett County Road realignment. They are as follows: 

Peltz Construction: $733,356.29.

Young Gun Construction: $363,095.00

Hahn Construction: $298,357.92

Dakota Contractors: $401,163.33

Rod Kirk made a motion to accept Hahn Construction’s bid of $298,357.92 for Bennett County Road Realignment. Seconded by Judd Schomp.

All voted aye. Motion carried.

Purple Wave Bidder Number for Highway Department

Terry Smokov, Highway Superintendent, talked to the Board about the bidder number for Purple Wave and what is required to be able to bid on Purple Wave. There was discussion on getting a bidder number, and the Board thought it would be worth it to get a bidder number.

Highway Department

Mr. Smokov informed the Board that Lycox is going to have three used Walk’n’Rolls available, and they will go on any rear mount. The one they have right now is for $6,700.00.

There was some discussion about Swan Road and that it needs a culvert put in. Mr. Smokov received a phone call early in the week from 811 and informed him that there is a phone line buried down the middle of Swan Road. The Board determined that Swan Road needs to be repaired as soon as possible.

Mr. Smokov informed the Board that they are working on one of the 143H CAT machines and discovered there are shavings in the motor oil. 

Larry Heath, Area Resident, has issues with making some roads being listed as “No Maintenance”. Commissioner Kirk read the law on what a “No Maintenance” road means, and stated he doesn’t feel it is a good idea to place any roads as “No Maintenance”. Commissioner Schomp stated it would be better to leave them the way they are and create a priority list. Commissioner Kirk agreed they need to be left the way they are and create a priority list. 

National Flood Insurance Program 

Jeff Siscoe, Emergency and Disaster Manager, informed the Board that if we adopt the National Flood Insurance Resolution, the people in Bennett County could purchase flood insurance if they choose to. Mr. Siscoe continued that currently you can only purchase flood insurance through the Government. Commissioner Kirk stated he thought it was a good idea. There was further discussion on this issue. Auditor Hicks will do the Resolution and present it at the next meeting and have States Attorney Sarah Harris look into the ordinance, and there is no cost to the County. Judd Schomp made the motion to appoint Jeff Siscoe as Bennett County Flood Plain Administrator with a second by Rod Kirk.

All voted aye. Motion carried.

Emergency Disaster Printer/Scanner

Jeff Siscoe, Emergency Manager, discussed with the Board his need for a new printer/scanner for Emergency and Disaster. There was some discussion with the Board, and they asked Mr. Siscoe to bring back some quotes to the next meeting.

Extension Office

Mary Kay Sell, Bennett County Extension, presented the Board with an update on all the happenings with 4-H events and the Fair. Ms. Sell stated there are currently 117 4-H members and 47 members in shooting sports. Shooting sports has become one of the bigger programs and we have had a few that went on to Nationals. Ms. Sell is now certified to train the kids for youth quality assurance training which is required for any youth showing an animal at the Fair. Ms. Sell is going to have the regional director come and assist her in getting this training set up differently for age groups. July 11, 2020 is the 4-H Rodeo, and they have added three new junior events: Junior Bareback Steer Riding, Junior Girls Flag Racing, and Junior Dally Team Roping. Bennett County Fair has been set for August 5th – 9th, 2020. Also, working on getting more experience for 4-H members for consumer judging and getting ready for Fair. The Fair building has been painted and they are going to be working on the concession stand to have it completed by the end of May. The concession stand, along with a few small things were pointed out by the insurance company, everything else has been completed. Looking into the Fair Building roof, because of leaking. The Board thanked Mary Kay Sell for her diligent work with these programs. 

Bennett County Personnel Policy Manual

Angie Hicks, Auditor, there are issues pointed out in the Bennett County Personnel Policy. The Board decided to table this issue until the February 5th meeting with a full board, and so everyone has time to look over the policy. 

Camera System for Holding Facility

Paul Williams, Bennett County Sheriff, and Kevin Curtis, Deputy Sheriff, informed the Board on the need for a camera system for the Holding Facility. Deputy Curtis found an entire system with 16 cameras, but has the capability of 32 cameras for $4,000.00. There was some discussion on the camera system for the Courthouse. Sarah Harris, States Attorney stated she hasn’t heard anything back on the camera system grant for the Courthouse. The Sheriffs’ Office will have both monitors for the Holding facility and the Courthouse camera systems. Judd Schomp made the motion to approve the $4,000 camera system for the Holding Facility with a second by Rod Kirk.

All voted aye. Motion carried.

Sally Port for Holding Facility

Sheriff Williams and Jay Yohner, local contractor, had a discussion with the Board about building a Sally Port for when inmates are brought to the Sheriffs’ Office. The proposed dimensions are 24 feet wide by 28 feet long and the rough estimate is $36,000.00. After some further discussion, the Board told Mr. Yohner to get some actual numbers, so they can get a better idea on the cost.

Assign Surplus Money

Angie Hicks, Auditor, presented the Board with a total amount of Surplus money that needs to be assigned to be within the 40% allowed. The total amount to be assigned is $1,745,714.49. There was discussion about different issues such as the Courthouse roof, lighting, electrical work in the Courtroom, and outside concrete work. Sheriff Williams stated maybe paying for the new patrol truck instead of financing it. Commissioner Schomp brought up putting some of the money towards a new jail facility and working towards that goal. Chairman Slattery stated there needs to be more money put towards graveling these county roads, and there is enough money in the Highway fund for this issue and the Old Highway 18. There was further discussion on all these issues. Judd Schomp made a motion to assign the $1,745,714.49 surplus money as follows: $250,000.00 towards the Courthouse Roof. $150,000 for outside Concrete Work, $1,000,000 towards building a Jail Facility, $325,714.49 for building improvements, and $20,000 towards the new Law Department Patrol truck. Rod Kirk seconded.

All voted aye. Motion carried.


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

General 101: (miles and meals included) December 2019 Payroll: Commissioners, $3,628.70; Auditor, $4,442.24; Treasurer, $3,621.94; States Attorney, $6,846.16; Gov. Bldg, $607.25; Director of Equalization, $2,207.04; Register of Deeds, $2,601.92; Veteran’s Service Officer, $771.00; Sheriff, $3,373.54; Jail, $1,236.75; County Wide Law, $8,681.23; WIC, $666.50; Extension, $1,314.66; Coroner, $0.00; Election, $0.00.

Highway, 201: $19,663.50

Emergency & Disaster, 226: $1,428.00

24/7 Program, 248: $1,120.07

Security First Bank, Employer’s share of OASI: $4,695.88

Bennett County Medical & Retirement: $11,917.21

A & B Welding Supply Co Inc, $141.68, Welding Supplies; All-American Publishing, $269.00, Co. Wide Law Advertisement; American Legion Post 240, $32.00, Courthouse Flag; AT&T, $340.63, Law, Hiway, E&D Phones; Avera, $229.50, Lab Testing; Bauman Brothers, $150.00, Gravel - J.J. Donovan; Bennett County Booster, $795.42, December Statement; BC Conservation District, $2,500.00, 2020 County Funding; BC Fair Board, $5,000.00, Bennett County Fair; Bennett Co Hospital And NH, $115.00, January Billing Report; BC School Dist #3-1, $24,208.06, December 2019 Apportionment; Bennett County Treasurer, $50.00, Advance Taxes - L. Slattery; Bennett County Treasurer, $109.03, Advance Taxes - A. Frost; Bennett County Treasurer, $630.60, Biz Now Card; Bennett County Treasurer, $242,105.02, Advance Taxes For 2020; Bob’s Gas Service, $338.61, Community Action; Brosz Engineering, $5,195.00, Survey And Design; Butler Machinery, $914.40, Repairs And Supplies; Aisha Carr, $498.80, January Billing; Centurylink, $130.15, January Billing; City Of Martin, $98.56, January Billing; City Of Martin, $5,085.68, December 2019 Apportionment; Connecting Point, $491.00, December Billing; Kerri Cook-Huber, $40.00, December Billing; Correct Rx Pharmacy Services, $67.51, December Billing; Correctional Risk Services, $162.75, December Billing; Culligan Water Conditioning, $32.00, January Statement; Dean Schaefer Court Reporting, $24.00, January Billing; Drobny Construction, $147.00, Oct. - Dec. Snow Removal - Cap; Executive Mgmt Finance Office, $29.00, January Billing; G E Associates, $69.69, Supplies And Repairs; The General Store, $261.85, Supplies; Golden West Companies, $1,470.90, January Utilities; Great Western Tire Inc., $13,302.20, Tires And Additive; Group Resources Of Iowa LLC, $60.00, January Billing; Sarah Harris, $415.00, State Bar Dues; Heartland Paper Company, $83.83, January Billing; Inlaw Construction, Inc, $6,175.00, Raise RD 13A; John Deere Financial, $373.83, January Billing; Mark Katterhagen, $12.00, December Billing; Kennedy Implement, $1,125.00, Tractor Rental; Kieffer Sanitation, $132.00, Garabage Pickup; Kimball-Midwest, $1,539.95, Shop Supplies; Konica Minolta Premier Finance, $243.48, January Billing; Krogman Law Office, PLLC, $1,831.75, January Billing; Lacreek Electric Assoc., $4,381.07, January Utilities; Amanda Lacroix, $1,666.70, January Billing; Lacroixs True Value, $204.47, December Statement; Lewis & Clark Behavioral, $178.00, December Billing; Lucy Lewno, $115.00, December Billing; Dave Livermont, $50.90, Overpayment Of Taxes; Darcy Lockwood, $12.00, December Billing; Martin Chamber Of Commerce, $100.00, 2020 Membership; Martin Auto Parts II, Inc., $552.14,; Mcleods Printing And Supply, $60.00, December Billing; John Murphy, $567.25, January Billing; Office Products Center, $116.06, December Billing; Parr Law PC, $4,144.05, December Billing; Pederson Law Office LLC, $617.50, January Billing; Pennington Co. Jail, $658.50, December Billing; Pennington County Sheriff, $870.00, January Billing; Philip Motor Inc, $1,727.75, December Billing; Rosane Cement Products, Inc, $730.00, January Billing; Salomon Sanitation, $120.00, January Billing; Sandhills Ranch Supply, $86.49, Repairs 772G; SD Department Of Revenue, $21,367.10, December 2019 Transmittal; SD Department Of Health, $160.00, January Billing; SD Department Of Public Safety, $3,090.00, Jan. Billing- Teletype Service; SD Public Assurance Alliance, $250.74, Insurance 906 & 163; SD Sheriffs’ Association, $602.93, 2020 Dues; SD State Treasurer, $220.26, July-Dec. 2019 Sales Tax; SDACC, $1,465.00, 2020 Membership Dues; SDACO, $765.17, 2020 Membership Dues; SDACO - M&P Fund, $188.00, Sept. - Dec. 2019 Share; SDML Workers Comp. Fund, $16,026.00, 2020 Renewal; SD States Attorney Association, $693.00, 2020 Association Dues; Secretary Of State, $7.00, Pistol Permit - W. Sterkel; Servall, $294.52, January Statement; Sirennet.Com, $2,828.50, 2020 Silverado Equipment; Sword Law Office, PC, $1,646.01, January Billing; The Pizza Shoppe, $13.44, Jail - Inmate Meals; Thomson Reuters - West, $139.24, December Billing; United States Postal Service, $189.00, States Atty, Comm, Aud Postage; Valentine Office Supply, $659.54, December Billing; Voyager Fleet Systems Inc, $1,220.83, Law Dept. Fuel; Winner Health Mart Pharmacy, $203.01, January Billing; Winner Police Department, $20,583.20, January Billing; West River Computers, $218.86, December Billing; Yankton County, $110.50, Mental Illness Hearing; Zuercher, $4,792.53, Annual Billing

All voted aye. Motion carried.

Agtegra Cooperative Aerial Agreement

The Board reviewed Agtegra Cooperative Aerial Agreement. It is a yearly agreement for the Agtegra Cooperative Sprayers to be able to land on a county road. Auditor Hicks stated that States Attorney Sarah Harris reviewed it and everything looks good. Rod Kirk made the motion to approve the Agtegra Cooperative Aerial Agreement. Jeff Slattery seconded.

All voted aye. Motion carried.

Items for Surplus

Auditor Hicks presented a list of items for surplus. There was some discussion on selling these small items online. Rod Kirk made a motion to approve the following surplus items at less that $500.00 and list it online for sale to the public: Lexmark printer ink 1 yellow, 1 cyan, 1 color return; Canon typewriter correction tape; Adler Royal typewriter ribbon; #1978 HP6122 printer with 1 black ink, 1 color ink; and a wooden desk. Seconded by Judd Schomp.

All voted aye. Motion carried.

Charles Mix County Prisoner Housing Agreement

The Board reviewed the Charles Mix County Prisoner Housing Agreement. Auditor Hicks informed the Board this is our backup if Winner Jail is full., it is the same as last year. Rod Kirk made the motion to approve the Charles Mix County Prisoner Housing Agreement with a second by Jeff Slattery.

All voted aye. Motion carried.

New and Old Business

Angie Hicks, Auditor informed the Board that the Auditor’s office has training on Election Equipment in Kadoka on February 19th, so if we could move the Commissioners Meeting to another day. This is not on the Agenda, but just wanted them to be aware and start thinking about when they want that meeting moved to. Ms. Hicks also stated she will be attending a workshop with Legislative Audit on Annual Reports in Mitchell, SD on January 29th.

Auditor Hicks stated that the South Dakota Association of County Commissioners needs a legislative point of contact person selected by our Board. The Board decided to appoint Judd Schomp as legislative point of contact.


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

All voted aye. Motion carried.

Board Of Bennett County Commission

/s/ Angela Hicks, Auditor

The next Commissioners Meeting Wednesday, February 5, 2020, at 9:30 am in the Courthouse.

Published once at the total approximate cost of $197.19

Published: February 5, 2020

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