07-17-2018

Brown County

July 17, 2018

Meeting Minutes

JULY 17, 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 Hansen, Sutton, Fischbach and Kippley.  Commissioner Sutton led the Pledge of Allegiance.   

MINUTES:  Moved by Kippley, seconded by Fischbach to approve the General Meeting Minutes of July 10, 2018.  All members present voting aye.  Motion carried.

CLAIMS:  Moved by Sutton, seconded by Hansen to approve the following claims: 

Professional Fees: Aberdeen American News $406.00; Ivis Avilla $20.00; Bantz, Gosch & Cremer $2,567.18; Certified Languages $697.95; Dohrer Law Office $629.80; Kuck Law Office $2,500.40; Language Line $580.85; Joseph Leroi $20.00; LexisNexis $53.90; NEMHC $2,444.00; Jennifer Ringkob $30.00; Rogers Law Office $502.90; SD Dept. of Revenue & Regulation $5,351.49; SD Network Against Family Violence $200.00; Jonielle Smalley $20.00; Tammy Stolle Court Reporting $137.50; Taliaferro Law Firm $2,319.10; Joni Wileman $1,300.00; Bree’n Wipf $20.00; Yankton Co. Sheriff $150.00; Luther ‘Luke’ Yellow Robe $4,500.00.

Publishing: Aberdeen American News $43.18; ECM Publishers $45.00; Hub City Radio $5,410.00; Rapid City Journal $28.56; US Bank $269.18. 

Rentals: 446-Praxair $24.09; Pantorium $88.80.

Repairs & Maintenance: Aberdeen Area Radiator $18.00; Artz Equip. $19.21; Cintas $298.00; Dakota Electronics $85.00; DMI $6,932.70; Digital Ally $90.00; Eiler’s Water Conditioning $163.00; Fire Safety First $1,063.20; GCR Tires $1,481.68; HF Jacobs & Son $4,111.25; J Gross Equip. $1,162.16; Midwest Alarm $226.20; Pantorium $44.00; Running’s $43.62; TranSource $3,242.12; US Bank $485.98; Wooden Mallet $480.00. 

Supplies: A & B Business $47.27; Aberdeen Area Radiator $996.00; AgTegra $26,695.98; Ameripride $256.11; Artz Equip. $181.85; Cartney Bearing $638.72; Century Business Products $1,213.12; Dakota Mailing $158.66; Dakota Oil $357.00; DSG $365.38; DMI $901.06; Digi Security Systems $45.00; DT Pharmacy $1,021.85; Farnam’s $4.49; GCR Tires $81.00; Geffdog $1,267.84; GovConnection $984.20; Heartland Paper $3,395.47; HF Jacobs & Son Construction $25,977.23; J Gross Equip. $1,592.49; Jebro $75.00; LG Everist $2,172.69; Lar-Jo’s $166.98; Leidholt Tool Sales $16.18; Lien Transportation $1,391.50; Lone Wolf Tanning & Fur Dressing $100.00; Marco $353.79; Menards $46.73; Midstates Printing $35.00; Moore Medical $792.10; NVC $29.68; Running’s $10.47; Satellite Tracking of People $308.75; TranSource $5,235.36; US Bank $9,355.59; Van Diest Supply $2,543.75; Web Water Bottling Co. $13.00.

Travel & Conference: McKenzie Bierman $28.67; Sarah Hartje $17.86; Jennifer Ringkob $56.87; US Bank $305.06.

Utilities: Aberdeen City Treasurer $4,122.90; City of Hecla $108.27; Dependable Sanitation $286.00; Exec. Mgmt. $82.03; James Valley Telecommunications $218.70; Northern Electric $1,086.78; NWPS $13.86; NVC $3,253.00; Town of Frederick $50.00; US Bank $845.80; Verizon $100.08. 

Other: Ron & Penny Boulais $ 170.00; JRWD $16,149.22.  All members present voting aye.  Motion carried.

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

Approve hiring Richard Olauson as full-time Appraiser, effective July 23, 2018 @ $17.67 per hour.

Approve hiring Janet Wipf as Seasonal Fairgrounds employee, effective July 18, 2018 @ $11.61 per hour (replacing April Reich).

All members present voting aye.  Motion carried.

FIREWORKS PERMIT: Moved by Kippley, seconded by Sutton to approve and authorize the Chair sign the following Fireworks Public Display Permit: Brown County Fair for a Fireworks Display to be held on August 18, 2018 (northeast of the Fairgrounds Grandstand).  All members present voting aye.  Motion carried.

DISINTERMENT PERMIT:  Moved by Sutton, seconded by Hansen to acknowledge and accept Notice of Disinterment Permit (Sunset Memorial Gardens Cemetery to Black Hills National Cemetery) affecting Brown County from the SD Department of Health Vital Records.  All members present voting aye.  Motion carried. 

FAIR CONTRACTS: Moved by Sutton, seconded by Kippley to approve and authorize the Chair sign the following contracts for the 2018 Brown County Fair: Stunt Dog Productions @ $7,500.00, Phil Baker @ 1,200.00, On The Run @ $1,000.00, Ron Parker Experience @ $1,600.00, Bad Hamster @ $3,400.00, Mogen’s Heroes @ $1,000.00 (entertainment); Kesslers @ $2,351.52 (catering); Pop Evil @ $1,850.00 (stage equipment); TMT Scoreboards @ $2,500.00 (rodeo equipment); Street Smart @ $5,400.00 (traffic signal); Angie’s Clean All @ $350.00 (additional sanitation); Celtic Faire & Games @ $1,000.00, Presentation Men’s Basketball @ $750.00 (gate control); W H Petting Zoo @ $2,000.00 (petting zoo); NSU Women’s Swim Team @ $6,500.00 (stage hands); Vision Communications @ $2,250.00 (radios); Nyla Olauson, Susan Gerlach, Phyllis Donat, Bill Daschle, Ashley Seeklander, Kathy Novstrup, Carol Green, DaRae Jones @ $40.00, Austin Langmier @ $150.00 (judges).   All members present voting aye.  Motion carried. 

SPECIAL MALT BEVERAGE LICENSE: Moved by Hansen, seconded by Fischbach to approve and authorize the Chair sign the following Special Malt Beverage License Application: Boys & Girls Club - Brown County Fairgrounds (Grandstand) SW ¼ Sec 1-T123N-R64W, effective August 13, 14, 15, 16, 17, 18 and 19, 2018 (map indicating specific area licensed on file with applications).  All members present voting aye.  Motion carried.

ORD 120 – FIRST READING: Moved by Hansen, seconded by Sutton to approve First Reading of Ordinance #120, 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: Prunty Tract 1 in the S ½ of Sec 25-T123N-R60W of the 5th P.M., Brown County, SD. (41150 135th Street).  All members present voting aye.  Motion carried.  

ORD 121 – FIRST READING: Moved by Hansen, seconded by Sutton to approve First Reading of Ordinance #121, 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 4.14 (HC) Highway Commercial District: Rix Outlot 2 in the SW ¼ of Sec 6-T124N-R60W of the 5th P.M., Brown County, SD. (12484 406th Ave).  All members present voting aye.  Motion carried.

ORD 122 – FIRST READING: Moved by Hansen, seconded by Sutton to approve First Reading of Ordinance #122, 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: Lot 1, B & W Hinrichs Addition in the N ½ NE ¼ of Sec 10-T125N-R60W of the 5th P.M., Brown County, SD. (40989 119th Street).  All members present voting aye.  Motion carried.

INDIGENT COUNCIL CONTRACT/PUBLIC DEFENDER: A discussion for options for handling Court Appointments for Legal Council was initiated by the Chairman.  Two options were offered: Public Defenders Office or Contracts with Law firms.  After discussion it was decided to update a previous cost estimate for a Public Defender’s Office and the following action was taken on the Contract option.  Moved by Hansen, seconded by Kippley to authorize advertising a public hearing to open, read and consider sealed Request for Proposals for legal representation for Court Appointed Legal Counsel, to be opened in the Commission Chambers at 8:45 a.m. on August 7, 2018. All members present voting aye.  Motion carried. Moved by Hansen, seconded by Sutton to amend previous motion for clarification by stating the contract will contain the same general language as the previous contracts; a minimum of four law firms must be included in each proposal; and the contract would be for two calendar years (2019 and 2020).  All members present voting aye.  Motion carried.

2018 PRILIMINARY FAIR PROMO LIST: Moved by Kippley, seconded by Sutton to approve the preliminary promo list submitted for the 2018 Fair, with final list with any changes to be submitted two weeks prior to the Fair.  All members present voting aye.  Motion carried.

BID CONTRACT– BC 23 COLD MILLING PROJECT: Moved by Hansen, seconded by Fischbach to approve and authorize the Chair sign Contract Agreement with Midstate Reclamation SD, LLC for the Brown County Hwy 23 Cold Milling & Cold In-place Asphalt Recycling Project.  All members present voting aye.  Motion carried.

BR211 BIG APPLICATION: Commissioner Fischbach offered the following Resolution: RESOLUTION #38-18. BRIDGE IMPROVEMENT GRANT PROGRAM RESOLUTION AUTHOIRZING SUBMISSION OF APPLICATIONS.  WHEREAS, Brown County wishes to submit an application for consideration of award for the Bridge Improvement Grant Program: STRUCTURE NUMBER AND LOCATION: #07-110-057 located 1.8 miles North and 0.7 miles East of Frederick (BR211), and WHEREAS, Brown County certifies that the project is listed in the county’s Five-Year County Highway and Bridge Improvement Plan, and WHEREAS, Brown County agrees to pay 20% match on the Bridge Improvement Grant funds, and WHEREAS, Brown County hereby authorizes the Bridge Improvement Grant application and any required funding commitments.  NOW, THEREFORE BE IT RESOLVED that the South Dakota Department of Transportation be and hereby is requested to accept the attached Bridge Improvement Grant application.  Dated at Aberdeen, SD this 17th day of July 2018.  Seconded by Commissioner Sutton.  Roll call vote: Commissioners Hansen-aye, Sutton-aye, Fischbach-aye, Kippley-aye, Fjeldheim-aye.  Resolution adopted.

APPLICATIONS FOR OCCUPANCY: Moved by Fischbach, seconded by Kippley to approve and authorize the Chair sign the following applications, submitted by East River Electric Power Coop, Inc. for occupancy of Brown County Hwy #10 in Sec 11/12-T121N-R64W of the 5th P.M.;  Brown County Hwy #23 in Sec 2/3-T121N-R63W of the 5th P.M.; Brown County Hwy #14 in Sec 3/4-T121N-R63W of the 5th P.M. to provide electrical service.   All members present voting aye.  Motion carried.

EQUIPMENT PURCHASE: Moved by Sutton, seconded by Fischbach to approve purchase of a 2018 Volvo L120H, Wheel Loader with Landfill guarding package as provided on Sourcewell Contract 032515-VCE, to be supplied by TranSource (Sheehans), 38490 Hwy 12 Aberdeen SD  in amount of $282,313.00; rejecting RDO @ $293,413.00, Butler/Cat @ $295,500.00; on condition Sourcewell Contract complies with South Dakota bid laws.  All members present voting aye.  Motion carried. 

TIRE REMOVAL QUOTES: Moved by Hansen, seconded by Kippley to award low quote, submitted by Liberty Tire Recycling LLC for Tire Removal at the Landfill @ $148.20 per ton picked up; rejecting New Deal Tire @ $149.00 per ton picked up.  All members present voting aye.  Motion carried.

EXECUTIVE SESSION: Moved by Kippley, seconded by Sutton to go into executive session to consult with legal counsel, per SDCL 1-25-2(3) with Chris White and Gary Vetter in attendance.  All members present voting aye.  Motion carried.  The Chair declared the executive session closed, with no action taken as a result of the discussion:

ADJOURNMENT:  Moved by Sutton, seconded by Kippley to adjourn the Brown County Commission at 9:28 a.m.  All members present voting aye.  Motion carried.

Maxine Fischer, Brown County Auditor

Published once at the total approximate cost of $121.65. 16241