COMMISSIONER’S PROCEEDINGS
REGULAR SESSION
April 12, 2016
The Lyman County Commissioners met in regular session in the Conference Room in the Courthouse at Kennebec, South Dakota, April 12, 2016, at 8:30 a.m. with the following members present: Chairman Ryan Huffman, Steve Perry, Adam Ehlers, Kim Halverson, Leroy Choal and Auditor Pam Michalek.
CALL TO ORDER:
Chairman Huffman called the meeting to order with the pledge to the flag.
APPROVE MINUTES:
Motion by Choal, seconded by Ehlers to approve the minutes of March 15, 2016, with the following correction: Oacoma Township Supervisors David Reis and Bill Burkard met with the Commission and Supt. Long to discuss their bill for work performed by the Hwy. Dept. The township does not believe they are responsible for a culvert placed by the Hwy. Dept. without the township’s prior approval. After discussion the Commission removed the culvert a load of gravel and 1 hour of blading from their bill. Reis and Burkard left the meeting. All voting aye.
APPROVE BILLS:
Motion by Perry, seconded by Halverson to pay the following bills. All voting aye.
Commissioners Salary / 5,874.29Auditors Salary / 7,517.95
Treasurers Salary / 7,591.28
States Attorney Salary / 3,431.40
Courthouse Salary / 2,651.12
Director of Equalization Salary / 7,846.32
Register of Deeds Salary / 6,225.11
Veterans Service Office Salary / 326.73
Sheriffs Salary / 19,939.76
Coroner Salary / 80.74
Nurse & WIC Salary / 1,869.39
Extension Salary / 1,780.10
Weed Salary / 568.25
R&B Construction Salary / 24,443.95
R&B Administration Salary / 6,551.00
Emergency Management Service Salary / 2,062.00
Total March 2016 Salary / $98,759.39
3D Specialties - HBR expense / 119.33
AT&T Mobility - RB cell phone expense / 58.13
Sheriff cell phone expense / 226.28
Avera Occupational Medicine - RB random drug testing / 71.40
Bartling, Amy - Court appointed attorney fees / 360.00
Behavior Care Specialists, Inc. - QMPH evaluation / 450.00
BJ's Food Center - 4-H supplies / 71.28
Courthouse supplies / 139.88
Bomgaars Supply - HBR supplies / 199.95
RB supplies / 26.16
Brule County Auditor - Board of prisoner / 10,450.00
Butler Machinery Co. - RB parts & labor / 1,114.47
Byre Brothers Inc. - Courthouse utilities / 150.00
Capital I Industries - RB repairs / 1,599.28
Cardmember Service - Courthouse supplies / 14.00
Century Business Products - 4-H copier expense / 33.66
CenturyLink - 911 monthly expense / 165.66
Chamberlain Building Supply - RB supplies / 6.99
Chamberlain True Value - Courthouse supplies / 837.59
City of Winner - January 2016 911 surcharge / 3,571.68
Clean Sweep Distributing - RB supplies / 123.00
Coffee Cup - Sheriff travel / 30.00
Connecting Point - Network office backup / 35.00
Dakota Shell - Sheriff travel / 36.19
DakotAbilities - Care of poor - 2nd qtr. 2016 / 180.00
DataSpec Inc. - VSO annual program fee / 399.00
Deadwood Mountain Grand - Sheriff travel / 57.00
Eddie's Truck Center - RB parts / 194.99
Farmers Union Oil Co. - RB fuel & supplies / 607.58
Farmers Union Oil Co. - Sheriff travel / 6,768.08
Halverson, Debra - 2016 Employee day care flex / 600.00
Halverson, Kim - 2016 Employer medical reimbursement / 1,323.20
Halvorson Oil - RB tire / 170.00
Sheriff vehicle expense / 35.00
Hieb's Cenex - RB supplies / 4.24
Hills Trucking - HBR expense / 453.60
RB gravel hauling / 4,749.60
Huffman, Ryan - 2016 Employer medical reimbursement / 1,977.00
Kennebec Telephone Co. - RB Shop telephone / 43.11
Courthouse fax line expense / 41.74
DOE telephone & DSL expense / 57.95
Ext telephone & DSL expense / 59.14
VSO telephone & DSL expense / 57.13
Auditor telephone & DSL expense / 56.63
RB Office telephone & DSL expense / 98.58
Sheriff telephone expense / 330.96
Auditor modem line expense / 45.63
States Attorney telephone & DSL expense / 80.02
Treasurer telephone & DSL expense / 63.13
ROD telephone expense / 52.75
Commissioner Room telephone expense / 45.63
911 telephone expense / 144.00
Courthouse snow removal / 47.00
RB supplies & repairs / 661.80
Lyle Signs - 911 signs / 1,937.75
Lyman County Herald - Commission publishing / 228.93
DOE exempt property listing / 228.39
Election notice / 33.95
RB bid notice / 59.56
Weed bid / 22.63
Lyman County Treasurer - Election postage (cash items) / 11.38
Lyman County Treasurer - Treasurer's Trust / 76.48
March 2016 Apportionment - Schools / 193,624.06
Cities / 14,172.24
Townships / 7,468.18
SC Water District / 91.61
WR/LJ Water District / 1,687.50
Vivian Sanitary District / 216.75
Lyman County Ambulance District / 7,078.17
Michalek, Pam 2016 Employer medical reimbursement / 2,158.50
Midwest Supply - RB supplies / 90.00
Morris, Inc. - RB supplies / 926.29
North Central Leasing - RB equipment rental / 1,169.00
Office Products Center - 4-H supplies / 673.38
Auditor supplies / 8.95
Treasurer supplies / 25.01
Oldenkamp, Suzanne - RB gravel hauling / 5,886.23
Olinger, Lovald, McCahren & Reimers, PC - Court appointed attorney fees / 1,316.12
Presho General Store - Sheriff travel / 31.02
Quill Corporation - Courthouse supplies / 72.94
EMS supplies / 448.07
States Attorney supplies / 54.72
Regalia Manufacturing - 4-H supplies / 116.06
Sanford Health - Blood tests / 356.00
QMHP evaluations (3) / 300.00
Prisoner medical / 100.00
SD Achieve - Care of poor 1st qtr. 2016 / 180.00
SD Attorney General's Office - Scram payment / 761.00
State participation fees / 33.00
SD Dept. of Game, Fish & Parks - Game sold in February / 510.00
SD Dept. of Revenue - March Collections - SMV / 24,844.42
State Hiway Patrol / 496.00
Drivers Licenses / 713.00
4% / 26,026.67
ROD fees / 130.00
SD Dept. of Revenue - SDDC / 60.00
Nurse contract / 1,030.00
Investigation expense / 275.00
SD DOT - HBR expense / 71.73
SD Sec. of State - Pistol permits (9) / 63.00
SDACC - Catastrophic poor relief program / 473.00
SDACO - Auditor, Treasurer & ROD workshop registration / 525.00
ROD March 2016 M&P funds / 168.00
Servall Uniform & Linen - Courthouse supplies / 56.63
Stanley-Jones Memorial Clinic - Courthouse pre-hire physical / 150.00
Steffen, Sandy - Court appointed attorney fees / 588.48
Swier Law Firm, Prof LLC - Court appointed attorney fees / 1,724.20
Tieszen Law - Court appointed attorney fees / 574.33
TrueNorth Steel - HBR expense / 15,576.64
US Postal Service - RB postage / 94.00
Sheriff postage / 115.00
Welter, Misty - 4-H expense reimbursement / 104.34
West Central Electric - Courthouse utilities / 1,832.89
West Forty Inc. - RB supplies / 27.78
Winner Health Mart Pharmacy - Prisoner medication / 28.57
Winner Police Department - Board of prisoner / 2,800.00
WW Tire Service Inc. - RB tires / 750.48
Total Bills / $360,747.45
Borah, Cathy - WIC meals / 77.00
Sletto, Gary - VSO mileage / 57.60
Total Salary Reimbursements / $134.60
AUDITOR’S ACCOUNT, ROD & CLERK OF COURTS FEE REPORTS:
Motion by Halverson, seconded by Choal to approve the following reports. All voting aye.
AUDITOR’S ACCOUNT: Cash on hand: $1,430.06; Checks in Treasurer’s possession less than 3 days old: $23,207.29; BankWest Checking: $19,654.17; BankWest Savings: $2,284,428.28; 1st Dakota Bank CD’s: $107,651.88; Dakota Prairie CD’s: $653,985.56 for a total of $3,090,357.24. Of this amount the following entities received: State of SD: $53,575.09; School Districts: $193,624.06; Cities & Towns: $14,172.24; Townships: $7,468.18; SC Water District: $91.61; WR/LJ Water District: $1,687.50; Vivian Sanitary District: $216.75; Lyman County Ambulance District: $7,078.17 for a total of $277,913.60.
REG. OF DEEDS FEES: $7,530.50 less $168.00 sent to SDACO for the Reg. of Deeds Modernization & Preservation Fund.
CLERK OF COURTS FEES: $11,513.24 less $6,483.50 forwarded to Lyman School District and $28.65 to Chamberlain School District for fine money.
ABATEMENT:
Motion by Perry, seconded by Halverson to approve an application for abatement by Mary Lou Gilman in the amount of $693.34. All voting aye. The property was assessed as owner occupied but a portion now qualifies for AG.
TRIBAL TRUST ADVISOR:
Motion by Ehlers, seconded by Perry to renew Rolf Kraft’s 2016 contract for services as Tribal Trust Advisor. All voting aye.
SPECIAL EVENT MALT BEVERAGE LICENSE:
Motion by Choal, seconded by Halverson to approve the following special event license. All voting aye.
Vivian Fire Dept. Location: Original Town of Vivian, Block 1, Lots 1-14; Block 2, Lots 11-12; Block 5, Lots 9-12; Block 6, Lots 6-16.
Type of License: Special One Day Event - July 4, 2016
HIGHWAY/WEED DEPT:
ANNUAL BIDS, WEED SPRAYING BID & SALE OF USED BRIDGE PLANK: Supt. Tim Long was present.
Motion by Halverson, seconded by Ehlers to accept all of the following bids. All voting aye.
#1 / Scraper & DozerRC England & Sons Const. / Terex TS-14 Scraper 320HP / $175.00 per hr. plus excise tax
Cat D7F Dozer w/ripper180HP / $175.00 per hr. plus excise tax
Excavator / CAT 320 CL 138HP / $160.00 per hr. plus excise tax
Kennebec Telephone Co.
Excavator / $150.00 per hour
#2 / Bridge Work
Hollaway Bridge & Culvert Inc. / $350.00 per hr. plus ex. & use tax
#3 / Crushed & Screened Gravel at Various Pits (Royalty Included)
Clodfelter Pit
Morris Inc. / 1" screened / $4.00 per ton
Gravel surfacing / $7.50 per ton
Halverson Pit
Suzanne Oldenkamp / screened / $6.00 per ton
Crow Creek Pit
Lloyd Priebe & Son's Const. / screened / $4.75 per ton
crushed / $6.50 per ton
Bahr Pit
Lloyd Priebe & Son's Const. / screened / $4.75 per ton
#4 / Gravel Hauling
Morris Inc. / $.24 per ton mile
Suzanne Oldenkamp / $.25 per ton mile
Hills Trucking / $.29 per ton mile
Arnold Services / $.26 per ton mile
Kennebec Telephone Co. / $.31 per ton mile
#5 / Magnesium Chloride
Z&S Dust Control / $.92 per gallon
R&J Gravel’s bid was submitted too late to consider.
Motion by Halverson, seconded by Perry to accept the following bid. All voting aye.
Weed Spraying: Ground Effects: $13.50 per mile for 1900 miles = $25,650.00
Sale of Used Bridge Plank: Three bids were received. 1) Brent Schoulte - $1,366.00; 2) Moore Brothers Const. - $1,111.11;
3) Joel Olivier - $1,021.00. Motion by Halverson, seconded by Choal to reject all the bids and sell the used plank for $1.00 per foot plus tax; removal within 5 days by buyer. All voting aye.
Supt. Long presented new pictures of culverts and a bridge west of Kennebec that need immediate attention.
Plans for bridge repairs and replacements were discussed. Hollaway Bridge & Culvert Inc. President Brian Olson has performed extensive research on the best solutions for three of the eight bridges in need of repair or replacement and Supt. Long submitted Olson’s estimates for the three bridges. The Yates Bridge is scheduled for replacement in November 2016. Discussion was held about the possibility of obtaining BIG money through SD DOT. Supt. Long will contact District III for more information concerning the BIG requirements. The dissolution of Pleasant Township and the Vivian Shop remodel were discussed. Motion by Halverson, seconded by Perry to delay the Vivian Shop remodel. All voting aye.
The Commission continues to receive questions and complaints concerning section lines. SDCL 31-32-7, SDCL 32-32-1, SDCL 31-24-7, SDCL 31-24-6 address laws concerning highways and sections lines. Highway is defined as the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public as a matter of right for purposes of vehicular travel. A section line right of way is 33 feet on each side of the section line (SDCL 31-18-2). Obstructing a section line right of way is not allowed, except for limited fencing with gates wherever the fence crosses the right of way and that allow unrestricted access to the right of way. Anyone who farms a section line always runs the risk of their crop being torn out along the 66 foot.
10:30 a.m. ADJOURN AS COUNTY COMMISSION AND CONVENE AS EQUALIZATION BOARD:
Motion by Choal, seconded by Ehlers to adjourn as the Board of County Commissioners and convene as the Lyman County Board of Equalization. All voting aye. The Board signed their member oaths.
Director of Equalization James E. Sundall advised the Board that no assessment appeals were received. He did receive 1 elderly freeze application and 5 disabled veterans and/or widow exemptions.
Senate Bill 3 revises the income criteria for determining if property is classified as agricultural land for property tax purposes. DOE Sundall presented information on the productivity process and AG valuation and explained how the percentage of increase is determined. He also advised the board that Roland Anderson had completed assessments of the towns last year and is about 1/3 done with the rural area.
CHAIRMAN HUFFMAN ADJOURNED THE BOARD OF EQUALIZATION AND RECONVENED THE COUNTY COMMISSION.
THERE WILL BE NO REGULAR COMMISSION MEETING APRIL 19, 2016.
ADJOURNMENT:
Motion by Halverson, seconded by Choal to adjourn until May 3, 2016 at 8:30 a.m. All voting aye.
______ATTEST:______
Ryan Huffman, Chairman Pam Michalek
Lyman County Commission Lyman County Auditor