08-28-2018

Brown County

Aug. 28, 2018

Meeting Minutes

AUGUST 28, 2018 – GENERAL MEETING

Meeting called to order by Commission Chair Fjeldheim at 8:45 A.M. in the Commissioner’s Chambers, Courthouse Annex, Brown County, SD.  Present were Commissioners Sutton, Kippley and Fischbach.  Commissioner Hansen was absent.  Commissioner Fischbach led the Pledge of Allegiance.   

MINUTES:  Moved by Sutton, seconded by Kippley to approve the General Meeting Minutes of August 21, 2018.  All members present voting aye.  Motion carried.

CLAIMS:  Moved by Fischbach, seconded by Kippley to approve the following claims: 

Professional Fees: A to Z World Languages $90.00; Aberdeen Advanced Care Ambulance $254.82; Eleni Aman $40.00; BC Treasurer $60.00; Carrels & Bain Family Dental $164.37; Dacotah Bank $250.00; Ryan Dell $723.80; Dohrer Law Office $564.00; Ashley Farrand $40.00; DJ Folkerts $100.00; Fox & Youngberg $1,264.30; Taylor Friesz $150.00; Michelle Gaikowski $243.00; Haar Law Firm $689.88; Carrie Hansen $40.00; Richardson, Wyly, Wise & Sauck $56.40; Keyli Sawatzky $40.00; Sanford Clinic $207.92; Sanford Health $68.72; Brian Schermerhorn $150.00; Christy Griffin-Serr Law Office $1,292.50; Christina Shilman $40.00; Siegel, Barnett & Schutz $1,635.60; TMS $2,750.00; Yankton Co. Sheriff Office $50.00.

Publishing: Aberdeen American News $329.23; Groton Independent $617.46; KOKK AM $1,500.00; SD Film Festival $250.00. 

Repairs & Maintenance: B&B Contracting $2,546.96; Cintas $296.23; Custom Sheet Metal $550.00; Double D Body Shop $142.13; Hitch ‘n’ Post $179.99; Intoximeters $281.00; Jason’s Electric $546.96; Trevor Meints $100.00; Midstate Reclamation SD $108,430.07; ODB $218.11; Pierson-Ford $66.08. 

Supplies: A&B Business $42.22; A&C Sales $30.00; Aberdeen Pit Stop $12.07; Aberdeen Swim Club $149.00; Advance Stores $19.00; AgTegra $4,431.47; Arby’s $237.70; Dawn Breedlove $11.15; Chris & Dan’s Tarp & Canvas $262.00; Country Catering $344.00; Dakota Electronics $54.00; Val Daschel $63.95; East River Plumbing $405.17; Ecolab Food Safety Specialties $26.45; Terrance Evans $32.60; Fox & Youngberg $51.24; Geffdog $52.20; GovConnection $5,633.75; Heartland Paper $1,617.16; Jason’s Truck & Auto Body $460.00; Jebro $67,671.02; L.G. Everist $1,292.78; Leidholdt Tool Sales $81.04; Lien Transportation $3,716.90; Mac’s $14.15; Marco $11.67; Max & Erma’s $71.00; Menards $1,242.52; Midstates Printing $80.00; ODB $150.00; Pantorium Cleaners $21.00; Pepsi Beverages $334.50; Performance Oil $391.50; Premier Biotech $1,059.19; Pro-Build $189.23; Mike Russell $580.00; Share Corp. $130.25; Sound Decisions $79.99; Stumps Wood Fired Pizza $148.00; Three Seasons Tent Rental $1,165.00; Van Diest Supply $4,008.96. 

Travel & Conference: DJ Folkerts $185.18; Taylor Friesz $220.90; Carrie Hansen $21.85; JoAnn Jernberg $82.72; Brian Schermerhorn $224.66. 

Utilities: CenturyLink $2,530.64; Dependable Sanitation $165.00; Montana-Dakota $25.79; North Star Energy $262.73; NWPS $1,584.93; Verizon $3,174.37. 

Other: BC Sheriff $20.67; Charmayne Cole $70.00; Darlene Gustafson $960.00; Deb Larson $50.00; Rita Neyens $50.00; Plains Commerce Bank $480.00; Lynda Wiedebush $22.00.   All members present voting aye.  Motion carried.

HR REPORT: Moved by Kippley, seconded by Fischbach to approve the following Commission Assistant/HR Office Report, which includes the following personnel changes:

Approve hiring Anthony Sorensen, full-time Deputy Sheriff assigned to the Jail @ $21.33 per hour, effective September 4, 2018.

Approve hiring Dan Bray, full-time Deputy Sheriff @ $21.33 per hour, effection September 10, 2018.

Approve employee classification change for Wes Graff from full-time Deputy Sheriff to Investigator @ $22.33 per hour, effective September 9, 2018.

Rescind acknowledgement of resignation by Chad Mielke and reinstate as full-time Correctional Officer; and further rescind need to fill vacancy.

Approve hiring the following temporary employees for the Fair: Melody Hackett effective August 14, Daniel Guthmiller effective August 17 @ $10.00 per hour; spelling correction for Linda McBrayer and Tiffany Maunu; acknowledge David Kendell and Morgan Millan did not work. 

All members present voting aye.  Motion carried.

SOLID WASTE TIPPING FEE SCHEDULE – 2019 Commissioner Fischbach offered the following Resolution:  RESOLUTION #45-18. WHEREAS, Title 3, Solid Waste Management System, Chapter 3.07010 of the Second Revision Brown County Ordinances, effective March 12, 1997, as amended, requires the Board of County Commissioners to establish the fees for use of the landfill.  NOW, THEREFORE BE IT RESOLVED, that the following Solid Waste Tipping Fee Schedule shall be effective January 1, 2019:

SOLID WASTE TIPPING FEE SCHEDULE

PRICES EXCEPT MINIMUM CHARGE DO NOT REFLECT APPLICABLE SALES TAX

ALL LOADS MUST BE TARPED AND SECURED

ALL WASTE MUST BE SORTED AND PUT INTO PROPER AREAS

Type, Fee

Appliances, Refrigerators, Freezers, Air Conditioners, Dehumidifiers, $12.50 per item. With or Without FREON

Asbestos1 Friable – Powdery or Dusty state, can be crumbled and reduced, $ 5.00 per bag to powder by hand

Compost Grass, Leaves and Light Garden Residue, FREE

Contsoil, Gas and Diesel Contaminated Soil (notification and analysis, $14.00 per ton required before disposal)

Contsoilsp, Contaminated Soil Special (i.e. NW Energy, Coal Gasification), $38.00 per ton

E-Waste, Electronic Waste – TV’s, Computers, Copiers, Printers, etc, $100.00 per ton

MSWRB Rubble waste placed in Unit 1, $20.00 per ton

INDSW Industrial Solid Waste, $38.00 per ton

MSW1: Municipal Solid Waste – IN COUNTY (Paper, plastic, cardboard, carpet, upholstered furniture, mattress, box springs, etc.)  (Check with Landfill for material not accepted), $38.00 per ton

MSW2: Municipal Solid Waste – OUT OF COUNTY (same as MSW1), $38.00 per ton

MSWCR Rural container site collection waste, Assess per ton

MSWDA: Carcasses (notification required prior to dumping), $38.00 per ton

Rubble 1 Construction debris-lumber, shingles, sheetrock etc., $20.00 per ton

Rubble 2: Heavy debris, concrete, dirt, rocks etc., $14.00 per ton

Rubble 3: Pallets, $20.00 per ton

Mobile Homes – all sizes, $250.00 per unit

Scrap Metal: Metals, $20.00 per ton

Sludge, Sump waste (analysis may be required), $20.00 per ton

Tires, Large quantities priced per ton, $200.00 per ton

Tires Count: Car and light truck, $ 2.50 per tire

Tire Shreds: Shredded tires (cell disposal), $38.00 per ton

Tree Chips: Wood chips from trees, $14.00 per ton

Trees1: Trees less than 8 inches in diameter, $20.00 per ton

Trees 2: Trees more than 8 inches in diameter (must be 8’ or shorter in length), $14.00 per ton

Minimum Charge (except on per item fees) 4 ½ % Sales Tax included, $ 3.00

The following items are accepted free:

Lead Acid Batteries, Waste Oil, Paint, Grass and Leaves, Computer and Office Paper, Cardboard, #1 and #2 Plastic, Magazines, Phone Books, Antifreeze (residential only) and Propane Tanks

Dated this 28th day of August 2018.  Seconded by Commissioner Sutton.  Roll call vote: Commissioners Hansen-absent, Sutton-aye, Fischbach-aye, Kippley-aye, Fjeldheim-aye.  Resolution adopted. 

SOLID WASTE SPECIAL ASSESSMENT NOTICE: Moved by Sutton, seconded by Kippley to authorize publishing the Solid Waste Special Assessment Equalization Notice.  All members present voting aye.  Motion carried.

PLATS: Commissioner Fischbach offered the following Resolution: RESOLUTION #46-18. BE IT RESOLVED by the County Commission of Brown County, SD, that the plat showing “Elliott Outlot A in Moulton’s 1st Subdivision in SE ¼ Sec 2-T122N-R64W of 5th P.M., Brown County, SD”, having been examined, is hereby approved in accordance with the provisions of SDCL of 1967, Chapter 11-3, and any amendments thereof.  Seconded by Commissioner Sutton.  Roll call vote:  Commissioners Hansen-absent, Sutton-aye, Fischbach-aye, Kippley-aye, Fjeldheim-aye.  Resolution adopted.  Commissioner Fischbach offered the following Resolution: RESOLUTION #47-18. BE IT RESOLVED by the County Commission of Brown County, SD, that the plat showing “Precision Ag and Aberdeen Plumbing Subdivision in NW ¼ Sec 23-T123N-R63W of 5th P.M., Brown County, SD”, having been examined, is hereby approved in accordance with the provisions of SDCL of 1967, Chapter 11-3, and any amendments thereof.  Seconded by Commissioner Sutton.  Roll call vote:  Commissioners Hansen-absent, Sutton-aye, Fischbach-aye, Kippley-aye, Fjeldheim-aye.  Resolution adopted.  Commissioner Fischbach offered the following Resolution: RESOLUTION #48-18. BE IT RESOLVED by the County Commission of Brown County, SD, that the plat showing “Strom Addition in Government Lot 3, Sec 4-T122N-R60W of 5th P.M., Brown County, SD”, having been examined, is hereby approved in accordance with the provisions of SDCL of 1967, Chapter 11-3, and any amendments thereof.  Seconded by Commissioner Sutton.  Roll call vote:  Commissioners Hansen-absent, Sutton-aye, Fischbach-aye, Kippley-aye, Fjeldheim-aye.  Resolution adopted.  Commissioner Fischbach offered the following Resolution:  RESOLUTION #49-18. BE IT RESOLVED by the Board of County Commissioners of Brown County, SD, that the plat showing “Gauer Addition in the NW ¼ of Sec 21-T124N-R65W of 5th P.M., Brown County, SD”, having been examined, is hereby approved in accordance with the provisions of SDCL 11-3, and any amendments thereof. Seconded by Commissioner Sutton.  Roll call vote:  Commissioners Hansen-absent, Sutton-aye, Fischbach-aye, Kippley-aye, Fjeldheim-aye.  Resolution adopted.  Commissioner Fischbach offered the following Resolution: RESOLUTION #50-18. BE IT RESOLVED by the Board of County Commissioners of Brown County, SD, that the plat showing “Karjalainen Addition in the SE ¼ NE ¼ of Sec 9-T128N-R63W of 5th P.M., Brown County, SD”, having been examined, is hereby approved in accordance with the provisions of SDCL 11-3, and any amendments thereof.  Seconded by Commissioner Sutton.  Roll call vote:  Commissioners Hansen-absent, Sutton-aye, Fischbach-aye, Kippley-aye, Fjeldheim-aye.  Resolution adopted.  Commissioner Fischbach offered the following Resolution: RESOLUTION #51-18.  BE IT RESOLVED by the Board of County Commissioners of Brown County, SD, that the plat showing “Carpenter Subdivision in the NE ¼ and NW ¼ of Sec 23-T122N-R64W of 5th P.M., Brown County, SD”, having been examined, is hereby approved in accordance with the provisions of SDCL 11-3, and any amendments thereof.  Seconded by Commissioner Sutton.  Roll call vote:  Commissioners Hansen-absent, Sutton-aye, Fischbach-aye, Kippley-aye, Fjeldheim-aye.  Resolution adopted. Commissioner Fischbach offered the following Resolution: RESOLUTION #52-18. BE IT RESOLVED by the Board of County Commissioners of Brown County, SD, that the plat showing “Jackson and Karlen’s Second Subdivision in the NW ¼ and N ½ SW ¼ of Sec 33-T125N-R62W of 5th P.M., Brown County, SD”, having been examined, is hereby approved in accordance with the provisions of SDCL 11-3, and any amendments thereof. Seconded by Commissioner Sutton.  Roll call vote:  Commissioners Hansen-absent, Sutton-aye, Fischbach-aye, Kippley-aye, Fjeldheim-aye.  Resolution adopted. 

ORD 123 – SET HEARING DATE:  Moved by Kippley, seconded by Fischbach to set public hearing for consideration of application, submitted by Lowell McIntire for Ordinance #123, An Ordinance to amend Title 4 – Zoning, Second Revision Brown County Ordinances, to rezone the following described property from its present zoning designation of Chapter 4.06 (AG-P) Agricultural Preservation District to Chapter 4.07 (M-AG) Mini-Agricultural District: McIntire’s Outlots in the NE ¼ of Sec 23-T123N-R65W of the 5th P.M., Brown County, SD (37895 133rd Street and 13305 379th Ave), to be held in the Brown County Commission Chambers, Courthouse Annex at 8:45 a.m. on September 18, 2018.  All members present voting aye.  Motion carried.  

ABATEMENTS: Moved by Sutton, seconded by Fischbach to approve the following Abatements: Arrow Enterprises three mobile homes no longer in Brown County @ $345.95, $448.81 and $384.53.  All members present voting aye.  Motion carried. 

LEASE AGREEMENTS: Moved by Fischbach, seconded by Sutton to approve and authorize the Chair sign agreement with Aberdeen Police Department for lease of the Richmond Lake Youth Camp on Oct 22-24, 2018; Anna Larson for lease of the Richmond Lake Youth Camp on August 25 - 26, 2018; Rebecca Nelson for lease of the Club House on Sept 29-30, 2018; Stutsman Harley Davidson for lease of one stage on August 25-26, 2018.  All members present voting aye.  Motion carried.  

MANAGED PRINT SERVICE AGREEMENT: Moved by Kippley, seconded by Sutton to refer Managed Print Service Agreement with GovConnection Inc to Paul Sivertsen for clarification on units covered and effective date of increase for services.  All members present voting aye.  Motion carried.

2018 TURN LANE IMPROVMENTS PROJECT: Moved by Fischbach, seconded by Sutton to approve and authorize the Chair sign Notice of Award to B&B Contracting, Inc. for the 2018 Turn Lane Improvements Project.  All members present voting aye.  Motion carried.  Moved by Kippley, seconded by Sutton to approve and authorize the Chair sign Change Order #1 for the 2018 Turn Lane Improvements Project changing contract price to $357,583.93 (decrease of $1,738.00 from original contract amount of $359,321.93).  All members present voting aye.  Motion carried. 

APPLICATION FOR OCCUPANCY:  Moved by Kippley, seconded by Sutton to approve the following application, submitted by BDM Rural Water System Inc. for occupancy of 125th Street (Hwy 11E) in Sec 10-T124N-R60W of the 5th P.M., Brown County, SD, to provide potable water transmission.  All members present voting aye.  Motion carried.

BROWN COUNTY 13A EASEMENTS: Moved by Sutton, seconded by Fischbach to approve and authorize the Chair sign Agreement for Right of Way with the SD Game Fish and Parks for a Perpetual Easement, containing 0.18 Acres and a Temporary Easement, containing 1.10 Acres, which allows for new ditch and back slope grading as part of grading reconstruction of Brown County 13A Project.  All members present voting aye.  Motion carried.

HIGHWAY PURCHASE AGREEMENT: Moved by Fischbach, seconded by Kippley to approve and authorize the Chair sign Purchase Agreement with East River Electric Power Cooperative, Inc., of Madison, SD for the purchase in amount of $5,000.00 for a tract of land Three Hundred feet (300’) wide east and west and Three Hundred feet (300’) wide north and south in the northwest corner of the Northwest Quarter of the Northwest Quarter (NW ¼ NW ¼) of Section 3, Township 121 North, Range 61 West of the 5th P.M., containing 2.06 acres in Brown County, SD for use by the Brown County Highway Department as a stock pile site.  All members present voting aye.  Motion carried.

HIGHWAY REPORT: Dirk Rogers, Highway Superintendent explained the process for obtaining a Historical and Cultural Resource Review for the bridges at Richmond Lake and Warner, which may cause the need to revamp project completion dates.    

BUILDING USE: Judy Dosch, Maintenance and Sheriff Mark Milbrandt suggested possible ways to utilize the Millim Building.  

MILLIM BUIDLING: Moved by Kippley, seconded by Sutton to proceed with re-platting the property at 1019 1st Ave SE (Millim Office Building).  All members present voting aye.  Motion carried.

AARON WALBERG – VSO OF THE YEAR: Gary Vetter announced that Aaron Walberg, Brown County Veterans Service Office was named Service Officer of the Year by the South Dakota Department of Veterans Affairs.    

ADJOURNMENT: Moved by Sutton, seconded by Fischbach to adjourn the Brown County Commission at 9:20 a.m.  All members present voting aye.  Motion carried.

Maxine Fischer, Brown County Auditor

Published once at the total approximate cost of $166.03. 16484