UNAPPROVED MINUTES OF
February 7, 2012
The Moody County Commissioners met in regular session on Tuesday, February 7, 2012 in the County Commissioners' Room in the Courthouse at 9:00 AM, with the following members present: Tom Peper, Chairman, Jerry Doyle, Dan Miles, Dave Stenberg, and Rick Veldkamp, with Lori Schaefers, Auditor as Clerk of the Board. Also present was Brian Gebhart with the Moody County Enterprise.
AUDITOR'S ACCOUNT WITH THE COUNTY TREASURER
To the Honorable Board of County Commissioners, Moody 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 January 31, 2012, which includes money collected for schools, cities, townships and state:
Total amount of deposits in bank: $ 63,436.92
Total amount of actual cash: $ 7,082.08
Total amount of checks and drafts in
Treasurer’s possession not exceeding 3 days: $ 24,427.95
Itemized list of all items, checks and drafts which
have been in the treasurer's possession over 3 days: $ 0.00
First National Bank Flandreau CD $ 2,900,000.00
First National Bank Flandreau Savings $ 537,350.90
Flandreau First Savings Bank CD $ 675,000.00
TOTAL $ 4,207,297.85
Dated this 9th day of February, 2012
Lori Schaefers
Moody County Auditor
Chairman Peper called the meeting to order. Motion by Stenberg, seconded by Miles to approve the agenda. All voted “aye”. Motion by Doyle, seconded by Veldkamp to approve the minutes of January 17, 2012. All voted “aye”.
Auditor Schaefers reviewed the 2012 expenditure and revenue budgets.
As advertised, at 9:05 AM the Commissioners discussed redistricting the Commissioner Districts, based on new population information obtained from the recent Census. Motion by Miles, seconded by Doyle to pass the following resolution, with all members voting “aye”:
Resolution 12020701
RESOLUTION TO ESTABLISH COMMISSIONER DISTRICTS BASED ON THE 2010 CENSUS
WHEREAS, the 2010 federal decennial census has been completed; and
WHEREAS, under SDCL 7-8-10 the Board of County Commissioners shall hold a hearing at its regular meeting in February of 2012 and shall change the boundaries of commissioner districts if such change is necessary in order that each district shall be as regular and compact in form as practicable and contain as near as possible an equal number of residents; and
WHEREAS, the redistricting based on the 2010 census would provide each commissioner district with approximately the following number of residents:
Commissioner District One 1336
Commissioner District Two 1251
Commissioner District Three 1300
Commissioner District Four 1298
Commissioner District Five 1301
THEREFORE, BE IT RESOLVED, the Moody County Board of Commissioners hereby establishes the boundaries of the commissioner districts as follows:
District 1 will include Ward 2 City of Flandreau, City of Flandreau Ward 1 north of SD Hwy 32, and Flandreau Twp Sections 1, 2, 3, 10, 11, 12, 13, 14, 15, 22, 23, 24.
District 2 will include Ward 3 City of Flandreau, City of Flandreau Ward 1 south of SD Hwy 32 and Flandreau Twp Sections 25-36.
District 3 will include Trent Town, Alliance Township, Blinsmon Township, Enterprise Township, Lone Rock Township, Union Township, and Lynn Township Sections 1, 2, 3, 10, 11, 12, 13, 14, 15, 19-36.
District 4 will include Ward Village, Egan City, Clare Township, Egan Township, Flandreau Township Sections 4, 5, 6, 7, 8, 9, 16, 17, 18, 19, 20, 21, Grovena Township, Riverview Township, Spring Creek Township, and Ward Township.
District 5 will include Colman City, Colman Township, Fremont Township, Jefferson Township, and Sections 4, 5, 6, 7, 8, 9, 16, 17, 18 Lynn Township.
The map of commissioner boundary districts is on file in the Auditor’s Office.
Dated this 7th day of February, 2012.
Thomas Peper ATTEST: Lori Schaefers
Chairman, Moody County Auditor, Moody County
Schaefers presented a letter on behalf of Mark Bonrud, Ambulance Paramedic notifying the Commission of his intent to run for the office of Mayor of Flandreau.
Auditor Schaefers presented wage information on behalf of the Soil Conservation office. Motion by Veldkamp, seconded by Stenberg to authorize the payroll change of Lacey Iott’s wage to $13.80/hour retro-effective to January 16, 2012, as per the January 17, 2012 Soil Conservation District meeting minutes. All voted “aye”.
Kay Peterson, Deputy Auditor met with the Board. Motion by Miles, seconded by Stenberg to deny poor relief case #20111202 due to the patient having the ability to pay. All voted “aye”. Motion by Doyle, seconded by Veldkamp to deny poor relief case #20120103 due to no response from the patient to the information request. All voted “aye”. Motion by Stenberg, seconded by Miles to deny poor relief case #20120104 due to no response from the patient to the information request. All voted “aye”. Motion by Veldkamp, seconded by Doyle to deny poor relief case #20120105 due to no response from the patient to the information request. All voted “aye”. Motion by Miles, seconded by Stenberg to deny poor relief case #20120106 due to no response from the patient to the information request. All voted “aye”. Motion by Doyle, seconded by Veldkamp to deny poor relief case #20120107 due to no response from the patient to the information request. All voted “aye”. Motion by Stenberg, seconded by Miles to deny poor relief case #20120108 due to no response from the patient to the information request. All voted “aye”. Motion by Veldkamp, seconded by Miles to deny poor relief case #20120212 due to no response from the patient to the information request. All voted “aye”. Motion by Doyle, seconded by Veldkamp to deny poor relief case #20120205 due to the patient having third party resources available for payment. All voted “aye”. Schaefers presented a travel request. Motion by Miles, seconded by Stenberg to authorize Peterson to attend the Excel Training Course in Watertown April 17. All voted “aye”.
Auditor Schaefers presented the 2011 Annual Report and an analysis of the County’s performance. Motion by Doyle, seconded by Veldkamp to approve the annual report and to authorize Schaefers to publish the Annual Statements as required. All voted “aye”. Schaefers also reviewed the estimated General Fund Surplus Analysis ending December 31, 2011.
As advertised, a hearing was held at 9:30 AM to consider a petition to vacate the following property:
Plat of Lot One (1) of Schoeneman Subdivision in the West Half of the Northwest Quarter (W1/2NW1/4) of Section
Sixteen (16), Township One Hundred Eight (108) North, Range Forty-seven (47) West of the 5th P.M., Moody
County, South Dakota.
Motion by Stenberg, seconded by Miles that the board determines that the granting of said petition will not abridge or destroy any of the rights and privileges of other proprietors of such plat and will not authorize the closing or destruction of any public highway laid out according to law and thereby grants the approval of the petition. All voted “aye”. The Auditor will record the certification with the Register of Deeds.
Marc Blum, Highway Superintendent met with the Board. Discussion was held on a motor grader purchase and Blum presented the Highway Department’s 10 year equipment/bridge plan. Motion by Veldkamp, seconded by Miles to declare all used supplies, including culverts, bridge planks, and scrap metal with a value less than $500 surplus, and authorize the sales at the following rates: culverts $5.00, bridge plank $1.00/foot, scrap metal at the current rate; and also to declare the following equipment surplus and to dispose of it as it has no value: 1-Sthil chainsaw and 16-vhf radios. All voted “aye”. Motion by Stenberg, seconded by Doyle to accept the low bid for metal culverts, bridge materials, and cutting edges from True North Steel submitted to and accepted by the Beadle County Commission on January 5, 2012. All voted “aye”. Discussion was held on repairs needed to one of the plow trucks.
Amanda Stade, 4-H Advisor met with the Board to discuss the Memorandum of Understanding between SDSU Extension and Moody County. The Board will discuss the MOU at the next meeting.
Motion by Miles, seconded by Veldkamp to adjourn to conduct business as Joint Board of Commission and Planning & Zoning at 10:50 AM. All voted “aye”. Also present was Deputy Director of Equalization Curtis Brooks. Two plats were reviewed. Motion by Stenberg, seconded by Miles to approve the following plat, with all members voting “aye”:
COUNTY PLANNING COMMISSION
Be it known that on this 7th day of February, A.D. 2012 the County Planning Commission did duly examine and approve the plat of Lots 1A, 1B, 2A and 2B of Wiese’s Addition in the S1/2 of Section 15, Township 108 North, Range 47 West of the 5th P.M. in Moody County, South Dakota.
Thomas Peper
Chairperson
Motion by Doyle, seconded by Veldkamp to approve the following plat, with all members voting “aye”:
COUNTY COMMISSION
“BE IT RESOLVED by the County Commission of Moody County, South Dakota, that the plat of BAUSKE’S CONSERVATION EASEMENT TRACT 1 IN THE SOUTHEAST QUARTER OF SECTION 30, TOWNSHIP 108 NORTH, RANGE 47 WEST OF THE 5TH PRINCIPAL MERIDIAN, MOODY COUNTY, SOUTH DAKOTA be and the same is hereby approved.”
I hereby certify that the above is a correct copy of the resolution duly passed by the County Commission, at a meeting held on the date adopted.
Adopted this 7th day of February, 2012.
Lori Schaefers
Auditor, Moody County, South Dakota
Motion by Stenberg, seconded by Miles to resume regular session at 10:55 AM. All voted “aye”.
Troy Wellman, Sheriff met with the Board. Motion by Doyle, seconded by Miles to authorize Wellman to hire Jamie Foster as a full-time Deputy Sheriff at $12.90 per hour per Union Contract effective February 16, 2012. All voted “aye”.
Buddy Tye, Weed Supervisor met with the Board. Motion by Veldkamp, seconded by Stenberg to authorize Tye and Commissioner Miles to attend the Weed and Pest Conference in Rapid City February 22-24. All voted “aye”.
Linnea Janssen and Carolyn Johnson with First National Bank met with the Board. The County received $4800.00 from First National Bank on February 3, 2012 as a contribution to replace the trees lost due to the July 1, 2011 storm damage to the courthouse grounds.
Motion by Doyle, seconded by Miles to enter into executive session at 11:25 AM pursuant to SDCL 1-25-2. Reason: legal matters. All voted “aye”. Motion by Miles, seconded by Veldkamp to resume regular session at 11:35 AM. All voted “aye”.
Motion by Veldkamp, seconded by Doyle to take action on the following legal case numbers: dismiss appeal case # PRO 11-04, and dismiss foreclosure case # CIV 11-171. All voted “aye”.
The second reading of Ordinance No 2012-01 was held. Also present was Bill Ellingson, State’s Attorney and Terry Albers, Emergency Manager. Motion by Stenberg, seconded by Miles to adopt the following ordinance, using the effective date according to State Law:
ORDINANCE NO. 2012-01
AN ORDINANCE TO AUTHORIZE THE MOODY COUNTY BOARD OF COMMISSIONERS TO DECLARE A FIRE DANGER EMERGENCY AND TO PROHIBIT OPEN BURNING WITHIN THE COUNTY
SECTION 1. BE IT ORDAINED BY MOODY COUNTY that when weather or other conditions exist which make open burning of any substance unduly hazardous and a danger to public safety, the Moody County Board of commissions may by resolution declare a “Fire Danger Emergency”.
SECTION 2. That if a “Fire Danger Emergency” be declared, all open burning of any substance shall be prohibited within any or all of the unincorporated area of Moody County until such time as the resolution declaring the “Fire Danger Emergency” shall have been rescinded by appropriate action of the Moody County Board of Commissioners.
SECTION 3. That any person who shall create, commit, maintain or permit to be created, committed or maintained an open burning in violation of a resolution declaring a “Fire Danger emergency” shall be deemed to have committed a public nuisance in violation and subject to all criminal and civil penalties provided for therein. Any person that maintains, commits, or fails to abate a public nuisance as required under the provisions of this ordinance shall be subject to a maximum penalty of thirty (30) days in jail, a $200 fine, or both. Each and every day that the violation continues may constitute a separate offense.
SECTION 4. DEFINITION: “Open burning” is defined as the intentional burning of any substance whether natural or manmade, or the intentional casting off of any burning substance, whether natural or manmade, except the burning of such substance in a container sufficient so as to prohibit the escape of any of the burning substance, or any sparks, flames or hot ashes from the container. The escape of any of such burning substance, or the escape of any sparks, flames or hot ashes from any such container shall be deemed prima fascia evidence that the container was insufficient so as to meet the exception from the definition of an opening burning set forth herein. The maintaining of a fire in any interior fireplace, stove or furnace is specifically excluded from the definition of an open burning as contemplated by this ordinance.
SECTION 5. Reporting of controlled burns. Anyone who intends to conduct any “open burning” shall before such burn notify the Moody County Dispatch Center and provide the following information: location of the burn, time of burn, substance to be burned, approximate completion time of the burn and a contact phone number for the responsible person. Any person who violates this Section shall be subject to a maximum penalty of thirty (30) days in jail, a $200 fine, or both.