Custer County Commissioner Meeting s2

Custer County Commissioner Meeting

Date: February 6, 2013

Chairman Bies called the meeting to order at 8:00 a.m. with the Pledge of Allegiance. David Hazeltine, Jim Lintz, Phil Lampert, Mark Hartman, Tracy Kelley, State’s Attorney and the Auditor were present.

The Board moved to approve the agenda with the following addition: Add Lonnie Schramm, Southern Hills Gravel at 9:10 to 9:15. Motion carried. In the following proceedings, all action taken was first duly moved and seconded, received a unanimous vote of the Commissioners without dissenting vote or abstention, unless otherwise stated.

Minutes

The Board moved to approve the minutes of the January 23rd, 2013 commission meeting with the following correction. -Badlands Sand & Gravel Inc. bid $7.00 per ton FOB at the Ghost Canyon river rock pit on Hwy 40 approximately 10 miles east of Hermosa.

Should read: Badlands Sand & Gravel Inc bid $7.50 per ton FOB at the Ghost Canyon pit and $7.00 per ton FOB at the river rock pit on Hwy 40 approximately 10 miles east of Hermosa. Motion carried.

Declaration of Conflict of Interest-Jim Lintz declared a conflict with Lintz Bros. Pizza liquor license.

Gary Woodford, Highway Superintendent

Appoint Weed Board The Board moved to appoint Earl Stombaugh, Charles Patterson, Klinton Ritteberger, John Button, Matt McPhee and John Ritteberger as Custer County Weed Board members and June Johnston as an alternate member. Motion carried.

Application for Occupancy on Right of Way of County Highways

Southern Hills Black Hills Water applied for a right of way for a rural water pipeline at Argyle and Argyle Loop Road to Highway 89; in Lone Elk Subdivision; and in Pine Butte Subdivision and Pine Butte Homeowners Association. The Board moved to approve the applications. Motion carried.

2013 County Striping Program P 000S(00) PCN 01XM The Board moved to authorize the Chairman to sign the Agreement To Provide For The Stripping and Continuing Maintenance of County Roads Within Custer County. Motion carried.

Cheyenne River Bridge Project Gary informed the Board that the completion date was set for fall of 2013 but DOT wanted to know if we wanted to move it to 2014 because the bids could be lower. Because of construction on the bridge, travel conditions over the bridge will not be ideal and the sooner the project is finished, the less inconvenience to travelers. Gary was asked by the Board to consult the landowners who use the bridge and ask what option they prefer. Gary will advise the Board of his responses.

Mike Carter, Director of Emergency Management

2012 Title Funds -Custer County received 2012 Title funds on 1-11-13. $526,049.68 was received in Title 1 funds which are split in half between the Highway fund and the schools in Custer County. $39,552.43 was received in Title III funds and $45,202.78 in Title II funds which are held by the Federal government for RAC projects.

The Board approved publication of notice of public comment period for Title III funds.

PUBLIC NOTICE NOTICE OF PUBLIC COMMENT PERIOD

NOTICE IS HEREBY GIVEN that Custer County received $39,552.43 in Title III funds under the “Secure Rural Schools and Community Self-Determination Act of 2000”, PL 106-393.

Custer County intends to spend Title III funds on authorized projects which include: $27,686.71 to reimburse a participating county for search and rescue and other emergency services paid for by the county and performed on national forest after the date on which the use was approved as required in the act; and $11,865.72 for fuels reduction.

The Custer County Board of Commissioners is opening a forty-five (45) day public comment period to invite all persons wishing to make written comments. All comments must be submitted in writing and received on or before March 25, 2013. Written comment can be mailed to 420 Mt. Rushmore Road, Custer, SD 57730 or dropped off at the Custer County Courthouse, to the attention of the Auditor’s Office. For additional information regarding PL 106-393 Title III projects, please contact Mike Carter at the above address or by telephone at 605-673-8128.

Dated this 6th day of February, 2013

Mark Stites, Custer County Airport

-Executive Session-Contract Negotiations Action was taken to go in and out of executive session for contract negotiations. The session began at 8:28 am and adjourned at 8:50 am. No action taken.

David Green Planning

-Final Plat: Lakota Lake Encampment–The Board moved to table the final plat until the February 20th commission meeting. Motion carried.

Lonnie Schramm, Southern Hills Gravel

-Lonnie asked why the county was taking gravel out of the Lien pit when they had not been awarded a bid for gravel. Gary said that the gravel they were hauling out of there was stockpiled and paid for last year.

Chris Nichols, IST

-911 Custer County 911 system was reviewed and one item that needed improvement was availability of a language translator. A vendor has been found that will provide the service and charge only when used. The Board moved to authorize Chris to set up a credit card for dispatch to use to contract with the translator service. Motion carried.

-Resolution 88-23 closed a portion of a section line. In the resolution description there is no mention of the closure of the section line in Lot A of MS#89 and the title company thinks that the original intent was to include the section line closure in Lot A. The resolution does mention Lot D, but does not describe the section line in that lot. The intent is not clear and Planning and IST were in agreement that the 2 landowners in Lot A & Lot D need to go through the process of vacating the section line

Union Contracts

-The Board moved to extend the Sheriff’s union contract for 1 more year and to approve the $.50 per hour increase in wages. Motion carried.

Liquor License Hearing/ Lintz Brothers Pizza

The Board held, as advertised, the Retail (on-off sale) Wine Alcoholic Beverage License Hearing for Lintz Bro, Pizza, LL – Sec 6 T3S R8E, HJW Subdivision, Lot 2 in E2E2. Hazeltine moved and Lampert seconded a motion to approve the license application. Jim Lintz abstained from voting. Hazeltine, Hartman, and Lampert voted for. Motion carried.

US-Europe Energy Group, LLC Hearing

As advertised, a public hearing was held on the Application for Occupancy on the Right of Way of County Highways by US-Europe Group, LLC. Frank Rapp, as representative of the applicant, requested the Board to delay action on the application to allow the applicant additional time to work with and address concerns of the property owners in the area. Mr. Rapp further requested a delay beyond the statutory 10 day period for final action, waiving the 10 day time period. The Board moved to table action on the application as requested by the applicant until the March 13, 2013 board meeting. Motion carried. Frank Rapp encouraged comments to be sent to Gunter Harz, US-Europe Energy Group, LLC, 6718 Pike Circle, Larkspur, CO 80118. Fax #303-681-3647 or email .

Mail Call/General Business

-The Board acknowledged the following: a thank you letter from the Hermosa Senior Citizens for their 2013 budget of $1,550.00; letter from Black Hills National Forest asking for comments on a proposal to re-issue a special use permit to the SD National Guard to allow them to carry out their annual training exercises on National Forest System lands and a copy of Snippet newsletter from SD West River Spay/Neuter Coalition.

Monthly Reports

The Board acknowledged the following reports.

- Register of Deeds January 2013 statement of fees with $410.00 collected in state fees, $8,335.86 for county fees, and $ 284.00 for SDACO for a total of $9,029.86.

-The Auditor’s report with the Treasurer for January 2013 as follows: Cash $1,425.25; Checks/ Drafts <3days $48,152.72; Checks/Drafts >3 days $1,050.00; 1st Interstate Bank checking $36,805.91; 1st Interstate Bank Savings $2,238,836.95; 1st Interstate Bank Flex $58,987.83; ED Jones MM $1,371,541.80; 1st Interstate Investment $36,421.79; TELCO Checking $208.03; TELCO TIIA $29,185.13; TELCO Savings $79,847.39; Highmark Investment $148,314.39; Highmark Savings $10,166.71; Highmark Checking $5,000.00; Dacotah Bank Checking $10,000.00; Dacotah Investments $150,000.00; Accrued Interest $2,263.77; ED Jones $3,207,921.29 for a total of $7,436,128.96.

- Custer County Sheriff’s January 2013 report: $80.00 fingerprints; $28.00 accident reports; $357.00 pistol permits; $397.39 in mileage; $605.00 service fees; $70.00 executions; $46.77 commissions; $1,004.00 from 24/7 Program; $11.50 fees & postage; $50.00 sheriff sale for a total $2,649.66 submitted to Custer County Treasurer.

Indigent

An indigent request was received for $875.00 for rent. The Board moved to approve the request predicated on a signed promissory note for repayment. Motion carried.

Travel Requests

-David Green made a travel request to attend the SD Airports Conference 2013 in Chamberlain on March 27-28 at a cost to the county of about $295.00. The Board moved to approve the request. Motion carried.

-Gary Woodford made a travel request for 2 to attend the Weed Supervisors Conference in Huron on February 20-22 at a cost to the county of $750.00. The Board moved to approve the request. Motion carried.

Abatement/Refunds

1046A-Franklin Harold Heiney applied for abatement on record 7091 for $975.70 for taxes payable in 2013 because the structure values were moved to parcel 7132 and were not removed from parcel 7091. The Board moved to approve the abatement. Motion carried.

1047A- R. Kelly & Donna Buck applied for abatement on record 11217 for $137.50 for taxes payable in 2013 because the property was valued as “OO” in 2011 and was taken off for 2012 in error. The Board moved to approve the abatement. Motion carried.

1048A-The City of Custer applied for abatement on record 14705 for $122.86 for taxes payable in 2013 because the property is owned by the city and should be exempt from tax. The Board moved to approve the abatement. Motion carried.

Human Resources/Personnel

Executive Session-Personnel Action was taken to go in and out of executive session for personnel. The session began at 9:30 am and adjourned at 9:55 am. No action taken.

Transfer Unexpended Funds from 2012

The Board made a motion to transfer unexpended funds from 2012 to 2013 to:

216-221-429 Fire Response $3,839.99; 216-221-429.98 Firewise $231.36; 216-225-429 Communications $17,005.97; 216-227-429 Search & Rescue $13,121.00; 216-227-429 Planning $18,324.29; 216-227-429.98 2010 Pay 2011 Title III funds $43,724.90; 216-227-429.99 2011 Pay 2012 Title III funds $43,324.74; 234-100-432 Airport Grant $2,757.03; 234-226-422 Hazard Mitigation $1,841.92; 234-226-429 Pandemic Grant $21,143.59; 234-500-429

Weed Grant $4,266.90. Motion carried.

Automatic supplements

The Board moved to approve an automatic supplement for : Airport Grant 3-46-0011-11-2012 in the amount of $72,000.00 to expense 234-100-422 and revenue 234-000-334 and 2012 Title III funds received in 2013 to expense 216-227-429.01 and revenue 216-0-332.30. Motion carried.

Health Insurance Renewal

-The Board moved to adopt, approve and ratify the ASBSD Health Benefits Fund Participation Agreement for coverage from January 1, 2013 to 12 midnight December 31, 2013 and to authorize the Chairman to sign the participation agreement. Motion carried.

Custer County’s insurance premiums will increase by 4.5%; 10% was allowed for in the budget figures for 2013.

Property Insurance Cancellation

-Continental Western Insurance Company sent a notice of nonrenewal for the county’s property insurance effective 4-1-13 due to loss experience.

Surplus

-Data Processing made a request to surplus and dispose of: 3 Del monitors; 1 HP Officejet 6210; and 4 PCI-E video cards. The Board moved to approve the request. Motion carried.

Vouchers

-The Board moved to approve the vouchers as presented. Motion carried.

PAYROLL: COMMISSIONERS 6,358.18; AUDITOR 12,115.57; TREASURER 14,555.66; IST 3,096.84; ST ATTORNEY 14,779.60; BUILDING 10,687.64; DOE 14,861.78; ROD 7,400.89; VETERANS 2,542.71; SHERIFF 62,311.23;CORONER 177.58 INCLUDES TRAVEL 69.93;NURSE 1,584.35; LIBRARY 12,347.57 INCLUDES TRAVEL 396.67; EXTENSION 2,164.03; CONSERVATION 721.27; WEED 1,405.95 INCLUDES TRAVEL 52.54; PLANNING 10,233.82 INCLUDES TRAVEL 53.50; HIGHWAY 63,914.99 INCLUDES SUPPLIES 150.00;TITLE III 4886.89; EMERGENCY MGMT 4,886.89 INCLUDES TRAVEL 22.94; 24/7 SOBRIETY 538.26; 911 EM 28,087.38. TOTAL PAYROLL 275,678.37. G ZIOLKOWSKI CONTRACT 600.00 SHELTER FOR JAN 44.00; G WOODFORD REIMBURSE FOR FUEL 325.00. ACTIVE DATA SYSTEMS, INC 450.00 1-9-13 INV 1-13013 MAINT AGR, APEX TECHNOLOGY SOLUTIONS GRP 4497.08 10-2-12 INV 10610, BASLER PRINTING CO 104.55 1-9-2013 INV 48937, BEESLEY LAW OFFICE, P.C. 1212.10 1-8-13 BEESLEY LAW INV 487, BLACK HILLS ELECTRIC COOP 2224.64 1-8-13 COUNTY ELECTRICITY, BLACK HILLS POWER 1896.45 1-14-13 ACCT# 2679307408, STATE RADIO COMMUNICATIONS 2750.00 1/1/6/30/13 TELETYP SERVICE, BUTLER MACHINERY CO INC 715.01 1/10-16/13 HWY PARTS/SUPPLIES, CENTURYLINK 592.99 1-1-13 ACCT# 605-355-2025, CITY OF RAPID CITY, FINANCE OF 140.00 12-31-2012 DEC 2012 BAC DETER, REGIONAL HOSPITAL 525.87 1-3-2013 CACCT # CUOL000001, CLINCAL LAB OF THE BLACK HILLS 1646.00 1-3-13 CUSTER COUONTY CORONER, CONNECTING POINT COMPUTER CNTR 910.00 INV 148667 CUST# 102989, CREATIVE PRODUCT SOURCING, INC 252.99 INV # 49730 1-21-13, CUSTER DO IT BEST 101.34 1-22-13 D85176 HWY INSULATION, DIAMOND D DIESEL 385.00 12-5-12 869655 HWY 0912 REPAIR, DOUGLAS CHRISTENSEN 299.80 2012 INSURANCE DEDUCTIBLE REIM, FARMERS UNION OI COMPANY 8220.90 1/9-16/13 HWY/SO GAS & DIESEL, FORWARD DISTRIBUTING 36.50 1-16-13 303876 HWY TR RPR SUP, FRENCH CREEK LOGGERS SUPPLY 156.69 1/12-17/13 HWY FUEL ADD/LIGHTS, GLOCK PROFESSIONAL, INC 195.00 1-14-13 INV # TRP/100038144, GRVES IT SOLUTIONS 4320.00 12-16-2012 INV 121620121, GREAT WESTERN TIRE, INC 1500.88 1-9-13 HWY/MAINT TIRES, LAVON W HUGHES DBA 627.98 1-11-13 2041 HWY LIGHTS, INTERSTATE ALL BATTERY CENTER 368.85 1-9-13 31001363 HWY 0428 BTTRY, TRACY L KELLEY 207.50 12-7-12 1/2 IF SD STATE BAR DU, PAUL A LEWIS 5544.70 1-8-13 PROF SERVICES, LEXISNEXIS 180.00 12-31-12 INV # 1212059467, JAMES LINTZ 150.00 1-10-13 SNOWPLOW FOR ATV & MT, LYNN'S DAKOTA-MART 34.43 1-15-13 27 HWY SUPPLIES, AUDRA MALCOMB CONSULTING INC 721.45 12-31-12 INV 752 QMHP EVAL, JOYCE MCALPINE 9.12 1-22-13 WEED CHEMICAL REIM, M. G. OIL COMPANY 4840.62 1/10-16/13 HWY OILS/CREDIT, NEVE'S UNIFORMS INC. 101.90 1/10/13 FLASHLIGHT/HOLDER, OVERDRIVE 1500.00 1-1-13 INV#H-0014135, PATRICIA WINTER 313.41 INSURANCE DEDUCTIBLE R, PENNINGTON COUNTY JAIL 10899.00 12-1-31-12PCJ BOOKING, QUILL CORPORATION 337.07 1-9-2013 HP 80A BLACK LASERJET, RANCHERS FEED & SEED 130.40 1-14-13 120389 HWY BG FUEL ADD, TELCO FED CREDIT UNION 187.49 1/10/13 ACCT NUMBER 4095030009, TELCO FED CREDIT UNION 2590.28 1/10/13 ACCT NUMBER 4095030009, RICOH USA, INC 505.00 1-10-13 ACCT # 399831-1013249A, SD DEPARTMENT OF REVENUE 1.63 11-12-2012 SALES AND USE TAXES, SD DEPT OF TRANSPORTATION 287.09 1/15/13 S74360 HWY BRIDGE INSP, SD FEDERAL PROPERTY AGENC 10.50 INV # 5534799 12-26-2012, SD PUBLIC ASSUR-ANCE ALL. 10931.95 1/14/13 SDP ASS ALL, SD EMERGENCY MANAGEMENT ASSOC 30.00 1-14-13 SDEMA DUES, STEELE COLLISION 80.00 1/18/13 INV 171634, EARL STOMBAUGH 74.25 1-22-13 WEED CHEMICAL REIM, SUNSHINE STORAGE 71.00 1-24-13 SUNSHINE STORAGE, UNITED STATES GEOLOGICAL SURV 2502.00 1-14-13 13 EMSD0012, VAN-GUARD APPRAISALS, INC. 2494.00 11-3-2012-2013 VANGUARD APPR, VERIZON WIRE-LESS 348.15 1-30-2013 ACCT 98674478-00001, VERIZON WIRELESS 676.48 1-30-2013 ACCT 98674478-00001, WALMART COMMUNITY 853.05 12/27/12 MEDS FOR L. FERRIS, WEED & PEST CONFERENCE 190.00 1/1/2013 WEED CONFERENCE REGIS, DR AL WESSEL 48.72 1-9-13 PAYMENT FOR SERVICES, WEST RIVER INTERNATIONAL 586.25 1/7-16/13 HWY PARTS.