03-13-2018

March 13, 2018 Meeting Minutes

MARCH 13, 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 Kippley led the Pledge of Allegiance.   

MINUTES:  Moved by Sutton, seconded by Hansen to approve the General Meeting Minutes of March 6, 2018.  All members present voting aye.  Motion carried.

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

Professional Fees: Avera St. Luke’s $92.00; Certified Language Services $1,320.00; Ryan Dell $319.60; DevNet $3,281.25; Dohrer Law Office $1,880.00; Michelle Gaikowski $30.60; Haar Law Office $3,456.38; Helms & Assoc. $16,500.00; Interprecorps $90.00; Koletzky Law Office $252.40; Kuck Law Office $735.20; LexisNexis $123.65; Lincoln Co. Treasurer $1,123.63; Minnehaha Co. Auditor $67.50; Thomas Price $2,520.00; Rogers Law Office $747.30; Schneider Corp. $2,265.00; SD Dept. of Revenue & Regulation $613,589.57; Christy Griffin-Serr Law Office $1,476.00; Siegel, Barnett & Schutz $1,919.07; Stoddard Law Office $908.98; Taliaferro Law Firm $3,802.30;  Alexander Voisin $226.82; Yankton Co. Sheriff $150.00.

Publishing: Aberdeen American News $646.94; Groton Independent $390.74; MediaUSA Advertising $540.00. 

Rentals: 446-Praxair $24.09.

Repairs & Maintenance: Dakota Electronics $1,851.00; DSG $35.37; Dakota Tree Co. $2,599.00; DMI $16,023.12; Farnam’s $125.00; GCR Tires & Service $266.66; Great Western Tire $18.00; Hedahl’s Auto $8.90; Helms & Assoc. $1,975.00; Hoven Auto Repair $166.00; Pierson-Ford $129.40; PowerPlan $2,678.80; Productivity Plus $132.14; TranSource $8,769.33; Wallwork Truck Center $28.72. 

Supplies: A&B Business $1,010.00; AgTegra $30,170.48; Cartney Bearing $735.16; Cash-Wa $5,781.30; Dakota Electronics $36.25; Dakota Oil $493.35; DSG $238.42; Dean Foods $595.54; DMI $8,462.16; Earthgrains $693.19; Farnam’s $697.62; Fastenal $26.44; Gardner Locksmithing $17.00; Geffdog $10.00; GovConnection $1,244.52; Great Western Tire $2,529.92; Heartland Paper $930.41; Hedahl’s Auto $120.36; House of Glass $278.00; Kessler’s $26.06; Marco $1,061.94; Menards $171.89; Midstates Printing $27.80; Mark Milbrandt $21.20; North Star Energy $24.00; PharmChem $608.00; Police Magazine $25.00; PowerPlan $2,218.06; Running’s $462.96; Satellite Tracking of People $81.25; SD Dept. of Revenue & Regulation $4.00; Sewing Shoppe $60.00; TranSource $8,308.28; Tri-State Water $26.00; Wallwork Truck Center $2,363.96. 

Travel & Conference: Best Western – Rapid City $728.91; City of Groton $40.50; Mark Milbrandt $220.00. 

Utilities: Aberdeen City Treasurer $307.54; AT&T $275.77; Economy Propane $2,145.79; Midcontinent $203.92; Northern Electric $285.60; NWPS $5,390.85; Town of Frederick $50.00; Web Water Bottling Co. $19.50; Web Water Development Assoc. $71.92. 

Machinery & Equip.: Pierson-Ford $59,664.00; TranSource $8,500.00.

Other: SDACO $988.00; Sheehan Mack Sales $2,500.00.  All members present voting aye.  Motion carried.

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

Approve hiring JoAnn Jernburg and Marlene Lorenz as DPM Summer Interns, effective June 4, 2018 @ $11.86 per hour.  

All members present voting aye.  Motion carried. 

SHERIFF REPORTS: Moved by Sutton, seconded by Kippley to approve the following February 2018 Sheriff Reports: Incidents and offenses, Prisoner care, JDC, and Money deposited with the County Treasurer. All members present voting aye. Motion carried.

ABATEMENT: Moved by Kippley, seconded by Sutton to approve and authorize the Chair sign the following Abatement: Brown County – tax deed property 2012–2018 @ $140.48.  All members present voting aye.  Motion carried.

AUDITORS REPORT OF ACCOUNT:   Moved by Fischbach, seconded by Hansen to approve the February 2018 Auditor’s Report of Account with the County Treasurer in total amount of $13,738,309.84 (total amount of actual cash @ $4,494.47, Cash items (bad checks) @ $505.53, US Bank @ $37,121.34, Dacotah Bank @ $5,149,069.56, Petty Cash/Change Funds @ $2,600.00, Fund Investments @ $8,544,518.94).  All members present voting aye.  Motion carried.

LEASE AGREEMENTS: Moved by Sutton, seconded by Fischbach to approve and authorize the Chair sign the following agreements: RDO Equipment Company for lease of the Expo Building on March 28-29, 2018; Jennifer Hassebroek for lease of the Richmond Lake Youth Camp with permission to serve alcoholic beverages on September 29-30, 2018.  All members present voting aye.  Motion carried.

CLAIM ASSIGNMENT:  Moved by Hansen, seconded by Fischbach to approve and authorize the Chair sign documentation to assign claim against an individual to Credit Collections Bureau for purpose of collecting a lien.  All members present voting aye.  Motion carried.

BID – RLYC LODGE ROOF PROJECT: Moved by Hansen, seconded by Kippley to approve and authorize advertising public hearing to open, read and consider sealed bids for labor and material for the Richmond Lake Youth Camp Roof Project, to be held in the Brown County Commission Chambers at 8:50 a.m. on April 3, 2018.  All members present voting aye.  Motion carried.

BID – CHEMICAL FOR WEED & PEST: Moved by Fischbach, seconded by Hansen to approve and authorize advertising public hearing to open, read and consider sealed bids for Chemical for the Weed & Pest Department 2018 spraying season, to be held in the Brown County Commission Chambers at 8:55 a.m. on April 3, 2018.  All members present voting aye.  Motion carried.

ORD 115- FIRST READING: Moved by Sutton, seconded by Fischbach to approve first reading (amended to remove brand name references) of Ordinance #115, An Ordinance to amend Title 6 Traffic Regulations, Second Revision Brown County Ordinances, by adding Chapter 6.05 Prohibiting the Lawful Use of Engine and Compression Release Brakes.  All members present voting aye.  Motion carried.  

ADC UPDATE: Michael Bockorny, Executive Director of the Aberdeen Development Corporation reported that networking agencies are being utilized to attract new businesses to the area that are compatible with this region.  

COURTHOUSE SECURITY: Mark Milbrandt, Tom Schmitt, Judy Dosch, Scott Meints and Paul Sivertsen reported that the upgrades to the Courthouse security will be complete by mid to late April.

EXECUTIVE SESSION: Moved by Sutton, seconded by Hansen to go into executive session for personnel discussion, per SDCL 1-25-2(1) with Chris White, Gary Vetter, Mark Milbrandt and Tom Schmitt 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.

PAYROLL UPDATE: Paul Sivertsen reported that the payroll interface will be ready to go live April 1, 2018.

BRIDGE DELETIONS: Commissioner Sutton offered the following Resolution:  

RESOLUTION # 12-18

RESOLUTION TO DELETE BRIDGES FROM NBIS

The Brown County Board of Commissioners is in agreement with SDDOT that the following structures should be deleted from the National Bridge Inventory System (NBIS) for the following reasons:

STRUCTURE ID, LOCATION AND REASON FOR DELETION:

07-075-450 (Bridge #268A) 3 North and 0.2 West of Mansfield.  Structure has been replaced with culverts that no longer meet NBIS length requirements.

07-076-440 (Bridge #268) 4 North of Mansfield.  Structure has been replaced with culverts that no longer meet NBIS length requirements.

07-098-400 (Bridge #21) 2 North and 1.2 West of Warner.  Structure has been removed in its entirety.

07-146-250 (Bridge #151) 2.5 South and 5.4 West of Columbia.  Structure has been removed.

07-230-444 (Bridge #69) 3 East and 1.4 South of Stratford.  Structure has been removed.

07-250-432 (Bridge #80) 5 East and 0.2 South of Stratford.  Structure has been closed since 8/25/10.

07-260-427 (Bridge #82) 4 West and 0.7 South of Ferney.  Structure has been closed since 8/26/10.

07-288-440 (Bridge #78) 1.2 West and 2 South of Ferney.  Structure has been replaced with culverts that no longer meet NBIS requirements.

07-301-410 (Bridge #118) 0.1 East and 1 North of Ferney.  Structure has been replaced with culverts that no longer meet NBIS requirements.

The Commission is aware of the following stipulations once a structure is deleted from the NBIS Inventory:

1. Federal Bridge funds will not be available for structure replacement or rehabilitation, and

2. The structures will only be added to the Inventory following replacement, using County funds.

Seconded by Commissioner Kippley.  Roll call vote: Commissioners Hansen-aye, Sutton-aye, Fischbach-aye, Kippley-aye, Fjeldheim-aye.  Resolution adopted.

LOAD LIMITS: Commissioner Sutton offered the following Resolution:  

RESOLUTION #13-18

WHEREAS:  Enforce Annual Seasonal Load Restrictions on over weight limits, over width load limits, and speed limits on Brown County Roads.  All Brown County oil Roads are posted at 6-ton per axle and truck speed of 40 MPH, with the exception of Brown County Road #10, from Brown County Road #13 (Prairiewood Road) north 2.00 miles is posted at 12-ton gross load limit with truck speed at 40 MPH year round.   WHEREAS: The Brown County Board of Commissioners request that the South Dakota Highway Patrol assist and enforce load restrictions on the posted gross limit per axle and truck speed at 40 MPH as posted by the Brown County Board of Commissioners during the February/March/April spring thaw and breakup period that the roads are posted.   THEREFORE BE IT RESOLVED: That the Brown County Board of Commissioners authorizes the Brown County Highway Department Superintendent to work with the South Dakota Highway Patrol to reduce weight maximums due to the thawing and excessive moisture and until the roads are free of frost and become stable.  SDCL 32-22-25 

Seconded by Commissioner Hansen. Roll call vote: Commissioners Hansen-aye, Sutton-aye, Fischbach-aye, Kippley-aye, Fjeldheim-aye.  Resolution adopted. 

SEASONAL LOAD RESTRICTIONS:  Moved by Sutton, seconded by Hansen to approve the following seasonal load restrictions for 2018: The Brown County Highway Department seasonal load restrictions will go into effect Monday, March 19, 2018, or when the load limit signs are installed and displayed, on all Brown County Oil Roads, except the Belt Loop around Aberdeen and other specified roads that are listed below.  All Asphalt Roads will be posted at 6-tons per axle and 40 MPH for trucks during the February/March/April spring thaw and breakup or until roads become stable.  No overweight or over-width permits will be issued except in extreme cases of emergency.  If such an emergency exists, the following permit fees will be applicable: 

Single Permit @ $10.00 

Temporary Permit @ $20.00

Annual Permit @ $50.00. 

Belt Loop around the City of Aberdeen: 

Road #4 from 24th Ave north 1.0 mile to County Road #13; 

Road #10 from County Road #13 (Prairiewood Road) south 1.0 mile to Road #15; 

Road #10 from County Road #19 (Melgaard Road) south 1.0 mile to County Road 14W; 

Road #12 from 24th Ave NE 1 mile to County Road #13; 

Road #12W will not be posted from County Road #19 east to US Highway 281 (2 miles); 

Road #12WA from US Highway 12 north 2.0 miles; 

Road #13 from County Road #14 west 5.0 miles to US Highway 281; 

Road #15 from US Highway 281 east 1 mile to County Road #10; 

Road #15 from 385th Ave east 0.5 miles; 

Road #15 from County Road #12 (Roosevelt Road) east 1.0 mile to County Road #19; 

Road #19 from the jct. of County Road #19 and County Road #17 (8th Ave NE) north 1.0 mile to County 

Road #15; 

Other Brown County Roads that are not posted are: 

Frederick Main Street from US Highway 281 east 0.5 miles to the Frederick City limits; 

Road 6A (Richmond Lake Area) Biegler Road off County Road 6

Road 6B (Richmond Lake Area) Youth Camp Road

Road #7 from US Highway 281 east 1.0 mile to Barnard and County Road #10; 

Road #9 from US Highway 281 east 1.0 mile to Westport and County Road #10; 

Road #9 from State Highway 37 east 7.0 miles to Brown/Marshall County line; 

Road #11 from County Road #16 west 10.0 miles to US Highway 281; 

Road #11 0.5 miles east of State Highway 37 to Huffton; 

Road #12WB from US Highway 12 north to County Road #12W; 

Road #14 from County Road #11 south 10.0 miles to US Highway 12; 

Road #14 from US Highway 12 south 800’;

Road #16 from the town of Columbia south 0.5 miles to County Road #11; 

Road#16C from Road #23 south 1.0 miles to the City of Stratford

Road #20 from County Road #9 south 0.02 miles to the railroad tracks; 

Road#23 from SD37 west 10.0 miles to Road #16C

Road #23 from US Highway 281 east 1.0 mile to Warner and County Road #10; 

Road #23 from US Highway 281 west 0.25 miles; 

Road #23B from the Town of Ferney west to State Highway 37; 

Road #27 from US Highway 281 west 2.0 miles to the town of Mansfield.  

All members present voting aye.  Motion carried. 

MAXIMUM WEIGHT LIMITATION ON BRIDGES: Commissioner Sutton the following Resolution: 

RESOLUTION #14-18

WHEREAS, SDCL 32-22-47 authorizes the board of county commissioners to erect and maintain at a point on the right-of-way and within one hundred feet of both entrances to any bridge and may, where they deem necessary, erect and maintain at the nearest intersection in each direction from any bridge, upon any public highway which it is the duty of the boards to maintain and repair, a conspicuous sign in large numerals, the maximum weight of any vehicle, laden or unladen, which may enter upon or cross over such bridge, and WHEREAS, SDCL 32-22-50 authorizes any peace officer having reason to believe that the weight of a vehicle and load is unlawful is authorized to weigh the same.   NOW, THEREFORE BE IT RESOLVED by the Brown County Commission, pursuant to SDCL 32-22-34 the following bridges shall be posted with the maximum weight of any vehicle, laden or unladen, which may enter upon or cross over such bridge, and FURTHER, BE IT RESOLVED, pursuant to SDCL 32-22-50 the Brown County Commission requests the South Dakota Department of Public Safety and the South Dakota Highway Patrol to enforce any and all bridge weight limits as posted in the following Townships: BR006 New Hope; BR057, BR268, BR268A and BR269 Warner; BR045 Gem; BR066, BR068 and BR069 East Rondell; BR078, BR081,  BR087 and BR259 Garden Prairie; BR091, BR093, BR095, BR098,  BR114 and BR118 East Hanson; BR117, BR127 West Hanson; BR138, BR142 and BR145 Groton; BR425 and BR 171 Westport; BR218 and BR346 Hecla; BR204 Allison; BR211 Osceola; BR151 Ordway; BR232 Putney; BR234 Cambria; BR238 and BR 271 Columbia; BR245 North Detroit; BR352 Ravinia.  Seconded by Commissioner Hansen. Roll call vote: Commissioners Hansen-aye, Sutton-aye, Fischbach-aye, Kippley-aye, Fjeldheim-aye.  Resolution adopted. 

BID AWARD - CULVERTS: Moved by Kippley, seconded by Hansen to award low bid, submitted by TrueNorth Steel Company, Huron, SD for furnishing and delivery of metal culverts and bridge material, as bid by Beadle County on January 16, 2018; and further reject bid submitted by Central Culvert Supply, Pierre.  All members present voting aye.  Motion carried.  

EXECUTIVE SESSION: Moved by Sutton, seconded by Hansen to go into executive session to consult with attorney, per SDCL 1-25-2(3) with Chris White 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 Kippley, seconded by Sutton to adjourn the Brown County Commission at 11:03 a.m.  All members present voting aye.  Motion carried.

Maxine Fischer, Brown County Auditor

Published once at the total approximate cost of $152.37. 15660