Custer County Commissioner Meeting

February 9, 2011

Chairman Hazeltine called the meeting to order at 8:00 a.m. with the Pledge of Allegiance. Travis Bies, Jim Lintz, Phil Lampert, Mark Hartman, Tracy Kelley, State’s Attorney and the Auditor were present. Chairman Hazeltine approved the agenda with the following addition: Executive session for personnel and negotiations between Gary Woodford and Mike Carter. 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. Chairman Hazeltine left the meeting at 12:47 p.m. and Vice Chairman Bies presided until adjournment.

Minutes

The Board moved to approve the minutes of the January 19th, 2011 commission meeting as presented. Motion carried.

Declaration of Conflict of Interest-None

Department Heads

-County Day will be held in Pierre on Monday February 14th and a county vehicle will be reserved to transport department heads and commissioners interested in attending.

-Tracy Kelley said that the furniture committee will be getting bids for furniture to present for approval of the Board.

-April is County Government Month – The theme this year is “Serving Our Veterans, Armed Forces and Their Families”. A committee has been formed consisting of Sarah Albertson and Ken Irwin to plan for festivities during the month.

Bill Kirsch, Weed Supervisor

-The Board moved to approve the purchase of a third GPS unit for the weed department at the cost of about $6,800.00. Motion carried.

Executive Session-Personnel/ Negotiation Action was taken to go in and out of executive session for personnel and negotiations. Motion carried. The session began at 8:24 a.m. and adjourned at 8:47 a.m. No action taken.

Gary Woodford, Highway Superintendent

-The Board made a motion, based upon the review of Cheyenne River Bridge Project started in June 2001 (Structure 17-496252). The findings of that review identified that the structure presents a public safety concern. Faced with the alternatives of mitigation or abandonment of the project, the Custer County Board of Commissioners moved to proceed with investigation of potential funding avenues for replacement of the structure. Motion carried.

Mike Carter, Director of Emergency Services

Notification was received from US Department of Agriculture advising that the Resource Advisory Committee approved Custer County’s rehab gravel project proposal in the amount of $36,247.50.

Gene Fennell-Fennel Design

Due to the delay constructing the elevator caused by the contaminated ground water issue Gene explained the additional charges expected by Scull Construction. All of Scull’s claims were identifiable items in the contract. Scull did waive 20 of the days that they are allegedly behind and billed the county $29,520.00. Fennel Design also had some delays but is not charging the county for them. Lampert made a motion to pay Scull the $29,500.00 change order. Lintz seconded the motion. Lampert, Lintz and Hartman voted for and Bies voted against. Motion carried.

Paramount Point Road District

-The Board moved to approve the order to declare Paramount Point Road District as an incorporated paving district. Motion carried.

ORDER DECLARING AREA TO BE INCORPORATED SUBJECT TO VOTE AND NOTICE OF ELECTION

We, the board of Custer County Commissioners of Custer County, South Dakota, declare that a verified Petition has been laid before us to declare a road district to be known as Paramount Point Road District and such Petition has complied with SDCL 31-12A-3 and 31-12A-4. Therefore, it is hereby ordered that such territory, as described in the Petition, shall with the assent of the landowners as provided in SDCL 31-12A-10, be an incorporated paving district by the name specified in the application. Further, we declare that a Notice of Election be placed in the Custer County Chronicle each week for two (2) consecutive weeks. A vote shall take place on the proposed district on the 22nd day of March 2011, at 10:00 am at 14272 Brandon Court Hermosa, South Dakota located in Custer County, South Dakota.

Variance Public Hearing -Voges Subdivision

-As advertised a public hearing was held at 9:15 a.m. on a variance application to waive

the minimum county road constructions standard as a condition of plat approval. Property

description is Plat of Lots 1 and 2 of Voges Subdivision (Formerly a portion of NE4 of NW4 and a

portion of Lot K (Plat Book 2 Page 132) Located in NE4 of NW4 of Section 27, T2 South, Range 6

East of the Black Hills Meridian, Custer County, South Dakota. No interested parties were

present. No action taken.

David Green, Planning

Adoption of Revised Airport Ordinance-Options were discussed for the safety zone boundaries and further research will be conducted before adoption of the ordinance.

Rick Wheeler, Sheriff

The Sheriff’s department was awarded the 2009 Byrne Jag Reallocation fund grant for $12,404.00 to be used for 3 digital in-car video cameras and installation and 10 memory cards.

Dan Goeden- Chokecherry Ridge Road and Saddle Ridge Road

Dan is considering buying some property and wanted to know if the commissioners would be able to help him with the process of connecting Chokecherry Ridge Road with Saddle Ridge Road. The cul-de-sac on Saddle Ridge Road is only about 200 yards from Chokecherry Ridge Road.

The Board recommended that he exhausts all remedies in negotiating with private property owner before requesting interaction from the Board.

Supplemental Budget Hearing

-A supplemental budget hearing was held February 9th, 2011 at 10:00 a.m. in the Custer County Courthouse Annex, Custer, SD at which time no interested persons appeared. The Board moved, and seconded, a motion to adopt resolution 2011-2. Motion carried.

Resolution 2011-2 Supplemental Budget 2011

Whereas, the Board of County Commissioners propose a supplement to the 911 Emergency Management Budget (255) in the amount of $281,753.00 due to the changes in codified law effective 1-1-2011 that states all dispatch and communication expenses and revenues should be coded to the 911 fund. The budget set up in the General Fund for Communications needs to be transferred to the 911 Fund. Means of finance will come from the General Fund Reserve.

Whereas, The Board of County Commissioner propose a supplement to General Fund Transfer Out account( 101-911-911) and to the 911 Emergency Fund Transfer In account (255-0-371) in the amount of 273,013.00.

Now Therefore Be It Resolved by the Board of County Commissioners to adopt the Supplemental Budget for 2011.

Allison Jensen, Director or Equalization

The County Board of Equalization was set for the afternoon of Wednesday, April 20th and as much time as needed on Thursday, April 21st.

Thomas Pekarna-Abatement 995A

Pekarna applied for owner occupied status on 8-2-10 for parcel 9008. March 15th 2010 was the application dead line. He is asking for an abatement of taxes payable in 2010 in the amount of $1,370.34. The Board moved to deny his request due to the fact that he missed the application deadline. Motion carried.

Connie Gorsuch, Custer County Housing and Redevelopment Commission (CCHRC)

-Connie Gorsuch, Executive Director, did an informative overview of CCHRC, its purpose, accomplishments and plans for the future. The Commission is made up of five volunteer members that include Bonnie Miller, John Preston, Gladwin Paulsen and Stanley Neugebauer.

The audit for tax year 2009 has not been received because of a computer problem but Connie is hopeful that we will have one soon. The CCHRC meets quarterly and will notify the Board of the next meeting.

Ken Irwin, Human Resource Officer

Executive Session-Personnel Action was taken to go in and out of executive session for personnel. Motion carried. The session began at 11:00 a.m. and adjourned at 11:20 a.m. No action taken.

-The Board moved to donate $250.00 per quarter to the Custer VFW for their support to Custer County Veterans. Motion carried.

Mail Call/General Business

-The Board acknowledged the following: a thank you letter from MaryClaire May complimenting the highway department for the superior job they do maintaining Hazelrodt Cutoff; thank you letters from Paul Gregg, June Johnston and Lonnie Arthur for the cost sharing noxious weed program; a letter from Pacer requesting a response to their application for a Large Scale Mining Permit #467 confirming that the permit will not violate the current land use ordinance or permit requirements; copy of a Resolution passed at the last BHACCCO meeting held in Sturgis whereby it strongly urges the County News to publish a front-page retraction and apology to Sarah Palin and other Americans who exercise their constitutional right to free speech; and a request from the US Forest Service, SD DOT, and Central Federal Lands Highway Division of the Federal Highway Administration for comments on their long range transportation plan for the Forest Highway Program.

- The Board moved to not pay annual membership fees of $3.600.00 to the Black Hills Council of Local Governments for 2011. Motion carried.

Monthly Reports

The Board acknowledged the following reports.

- Register of Deeds January 2011 statement of fees with $720.00 collected in state fees, $8,762.08 for county fees for a total of $9,482.08.

-The Auditor’s report with the Treasurer for January 2011 as follows: Cash $2,285.14; Checks/ Drafts <3days $26,094.13; Checks/Drafts >3 days $1,050.00; 1st Interstate Bank checking $29,490.82; 1st Interstate Bank Savings $1,528,662.15; 1st Interstate Bank Flex $58,116.09; ED Jones MM $269,659.71; 1st Interstate Investment $35,248.98; TELCO Checking $208.03; TELCO TIIA $23,693.42; TELCO Savings $79,750.87;Highmark Investment $146,614.70 Highmark Savings $10,156.54; Highmark Checking $5,000.00; Accrued Interest $2,288.34, ED Jones $3,805,020.05 for a total of $6,023,338.97.

- Custer County Sheriff’s January 2011 report: $190.00 fingerprints; $30.00 accident reports; $105.00 pistol permits; $472.04 in mileage; $755.00 service fees; $50.00 distress warrants; $761.20 from 24/7 Program; $25.00 Levy Fees;$50.00 Sheriff Sale Service; $335.00 processing fees for a total $2,773.24 submitted to Custer County Treasurer.

Travel Requests

The Board moved to approve a travel request from Rick Wheeler to attend the SD Sheriff’s Association Spring Conference in Deadwood on April 6-8 at cost to the county of $200.00. Motion carried.

The Board moved to approve a travel request from Steve McMillin to attend the Homeland Security Training in Spearfish on March 8-9 at a cost to the county of $100.00. Motion carried.

Abatement/Refunds

Abatement 996A- Don and Mary Kay South requested abatement of taxes payable in 2010 in the amount of $412.44 due to the fact the valuation was incorrect due to DOE error. The Board moved to approve the request. Motion carried.

Abatement 997A- William Simmons requested an abatement of $454.83. Owner applied for elderly assessment freeze and received it on one parcel but not the other. The parcel should have had the exemption as well. The Board moved to table the request until the February 23rd meeting due to lack of information. Motion carried.

Property Values for 2011

-The Board moved to add the 911 equipment to the list and to approve the Statement of Values for renewal of county property insurance. Motion carried.

Meeting Schedule

Monday, February 14, 2011 County Day at the Legislature is scheduled at the Capitol Building in Pierre.

1881 Museum Covenants

The Board moved to authorize Travis Bies, the Vice Chairman, to sign the SD State Historical Society Deadwood Fund Grant Agreement and the Restrictive Covenant for the Custer County Museum. Motion carried.

Transfer of Unexpended Funds

-The Board made a motion to transfer unexpended funds from 2010 into 2011 for: Title III funds: Planning $29,241.71 to 216-711-429; Search and Rescue $13,121.00 to 216-227-429; Communications $39,079.20 to 216-225-429; Fire Response $5,652.49 to216-221-429; Firewise Program $6,866.02 to 216-221-429.98; 08 Pay 09 Title III funds $66,318.06 to 216-227-429.96;

and 09 Pay 10 Title III funds $60,714.89 to 216-227-429.97State Grant funds: Weed Grant $2,431.74.00 to 234-500-429; Airport Grant $21,999.91 to 234-100-432 and Pandemic Grant $21,143.59 to 234-226-429. Motion carried.

Vouchers

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

PAYROLL: COMMISSIONERS 6,434.27; AUDITOR 11,097.90; TREASURER 13,162.06; IST 2,921.79; ST ATTORNEY 10,227.10; BUILDING 8,539.94;DOE 12,799.72;ROD 6,832.79; VETERANS 2,132.44; SHERIFF 52,044.96 INCLUDES TRAVEL 48.58;COMMUNICATIONS 23,959.00; NURSE 1,117.13 INCLUDES TRAVEL 51.87;LIBRARY 11,191.11 INCLUDES TRAVEL 21.00; EXTENSION 1,862.53; SOIL 620.84; WEED 6,765.76 INCLUDES TRAVEL 45.14; PLANNING 5,277.47 INCLUDES TRAVEL 42.40; HIGHWAY 59,919.79; EMERGENCY MGMT 4,657.78; 24/7 SOBRIETY 928.56; 911 EM 973.91; COURTHOUSE PROJECT 6,260.04. TOTAL PAYROLL $249,726.89. G ZIOLKOWSKI CONTRACT 600.00, SHELTER FOR JAN 72.00; MATT BROWN 3,060.00; COBRA ESCROW 244.60. FENNELL DESIGN INC 3305.28 12/27/10 419 CRTHSE RENOVATION, J SCULL CONSTRUCTION 208006.80 12/14-12/31/10 EST 6 CRTHSE RN, A & B WELDING INC 44.27 1/6/11 157757 MAINT WELDING SP, A & H TRUCK SALVAGE INC 60.00 1-12-11 32694 HWY HEATER MOTOR, ACE HARDWARE EAST 27.97 1-12-11 291360 HWY PLUMBING PR, ACE STEEL & RECYCLING INC 53.57 1-19-11 235855 HWY STEEL, ACTIVE DATA SYSTEMS, INC 9850.00 1/3/11 DP SCANNER & SOFTWARE, ADAMS MACHINE & WELDING 750.00 1-7-11 79865 HWY 0428 CYLINDER, AMERICAN LIBRARY ASSOC 175.00 11/30/10 142597 LIBRARY MEMB, BEESLEY LAW OFFICE, P.C. 2951.89 12/21-1/11/11 COURT APPT ATTY, BLACK HILLS ELECTRIC COOP 2600.66 1-13-11 COUNTY ELECTRICITY, BLACK HILLS POWER 1921.74 1/12-1/18/11 COUNTY ELECTRIC, BLACK HILLS TRUCK&TRAILER INC 323.43 1/5-18/11 HWY 0330 PLOW PRTS, STATE RADIO COMMUNICATIONS 2750.00 1/1-6/30/11 N01125SR TELETYPE, BUTLER MACHINERY CO INC 33762.21 1-11 HWY PAYMENT PARTS, CAROL BUTZMAN CONSULTING, LLC 89.08 12/31/10 436 QMHP EVAL 121610, CUSTER GAS SERVICE 247.66 12/9-1/19/11 COUNTY PROPANE, CUSTER TRUE VALUE 455.20 1/5-19/11 COUNTY SUPPLIES, DAKOTA BUSINESS CENTER INC 26.73 12/13/10 91808 LIBRARY SUPPLYS, DAKOTA STEEL 40.60 1-12-11 94835 HWY 0914 MNTS, DISCOVERY BENEFITS 25.00 1/17/11 223163 FLEX ADMIN FEE, ELECTION SYSTEMS & SOFT- 3966.00 1/18/11 768676 ELEC MAINT/SUPP, STATE OF SOUTH DAKOTA 20.75 1/3-1/18/11 CO BIT & STORAGE, FASTENAL COMPANY INC 56.87 12/29/10-1/10/11 HWY SUPPLIES, FRENCH CREEK LOGGERS SUPPLY 1275.73 12/9-1/18/11 COUNTY SUPPLIES, GOLDEN WEST TECHNOLOGIES 1305.00 11/8/10 33460 DP SONIC WALL, GRIMMS PUMP SERVICE INC 254.23 1-18-11 26904 HWY 2016 PARTS, HARVEY'S LOCK SHOP INC 20.80 1/14-1/18/11 COUNTY KEYS, HERMOSA SENIOR CITIZENS 1550.00 1/20/11 2011 BUDGET, HOLLAND EQUIPMENT CO 289.61 12-28-10 28010 HWY SPINNER MTR, IKON OFFICE SOLUTIONS 795.46 1/10-1/11/11 COPIER RENTALS, IKON OFFICE SOLUTIONS 283.68 12/29/10 COUNTY COPIERS, KADRMAS LEE & JACKSON INC 1475.84 12/27/10 AIRPORT EXPANSION, PAUL A LEWIS 1360.30 1/14/11 COURT APPT ATTY, LEXISNEXIS 180.00 12/31/10 1012064144 SA ONLINE, LIBRARY JOURNAL 157.99 1/20/11 LIBRARY SUBS 1 YEAR, LADONNA MCKNIGHT 100.00 1/20/11 EXTENSION EXPENSES, ATTNY LYNN MORAN 545.00 12/28/10 COURT APPT ATTY, NELSON'S OIL & GAS, INC. 5347.70 1/11-13/11 HWY PROPANE/GAS, PENNINGTON COUNTY JAIL 6990.00 1/3/11 DEC 2010 PRISONER CARE, PENNINGTON COUNTY JAIL 7471.28 1/3/11 DEC 2010 PRISONER CARE, QUILL CORPORATION 509.51 12/30-1/12/11 COUNTY SUPPLIES, QWEST 606.47 1/1/11 6053552025 CO E911 PHNS, QWEST 32.95 1/3/11 1144949964 E CO PHONES, CITY OF RAPID CITY 175.00 12/31/10 885 DEC 2010 BAC DET, TELCO FED CREDIT UNION 1510.41 1/10/11 COUNTY CREDIT CARD BIL, REDWOOD TOXICOLOGY LABORATORY 230.13 1/6/11 315898 SO 24/7 SUPPLIES, REGIONAL HEALTH 21.90 1/3/11 CUOL00001 BLOOD DRAW, RUSHMORE COMMUNICATIONS 120.00 12/30/10 10425 BEAR MTN TOWER, SD DEPARTMENT OF LABOR 1037.00 12/31/10 41017 UNEMPLOYMENT, SD PUBLIC ASSURANCE ALL. 1037.70 1/12/11 277 CONSER DIST INSUR, SOUTH DAKOTA LIBRARY ASSOC. 75.00 1/1/11 LIBRARY MEMBERSHIP, SDML WORKERS'COMPENSATION 20732.41 10/13/10 8632 WORKERS COMP, SDML WORKERS'COMPENSATION 35875.59 10/13/10 8632 WORKERS COMP, SERVALL TOWEL & LINEN 251.10 12/29/10-1/17/11 COUNTY RENTAL, MATTHEW L SKINNER, P.C. 59.78 12/21/10 COURT APPT ATTY, MATTHEW T STEPHENS ESQUIR 1200.00 12/29/10 COURT APPT ATTY 09-15, TOWN OF HERMOSA 99.04 1/1/11 HWY HERM WTR/SWR/GARB, WESTERN SD JUVENILE SERVC 4125.93 12/31/10 507 COMPACT ASSESMNT, PAUL R. WINTER 341.03 12/21/10 COURT APPT ATTY, AMY ZOLLER 672.00 12/29/10 9010 GRAND JURY TRNSC,