Custer County Commissioner Meeting

Date: March 27, 2013

Chairman Bies called the meeting to order at 8:00 a.m. with the Pledge of Allegiance. 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: Indigent under Work Session should be done in Executive Session/Negotiations. 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 March 13th, 2013 commission meeting as presented. Motion carried.

Declaration of Conflict of Interest-Mark Hartman declared a conflict of interest with Hartman Variance Hearing at 10:00.

Gary Woodford, Highway Superintendent

Cheyenne River Bridge Report-The Board moved to authorize the Chairman to sign the Utilities Certificate and the Letting Authorization for Project BRF6488(01) for the Cheyenne River Bridge. Motion carried. The final plans have been reviewed and the letting date for the project was delayed from April to May. Construction should start June 2013 and could go into 2014.

-The 8th Street/Washington Street bridge project will be let in June. The modular bridge will be replaced at no cost to the county.

MPB Grant Information-Woodford continues to work on the grant application. An overlay of trees to be cut was sent to the Forest Service for review to determine if right-of-way consent will have to be obtained before the trees can be removed. Gary also sent inquiry to find out if a permit will be needed to cut the trees within 100’ of the road center line.

-Gravel Bid Gary is in need of gravel in the Spring Creek area. There is a quarry near there that has a crusher and Gary would like to advertise for gravel bids to purchase about 30,000 ton of gravel. The Board moved to authorize Gary to advertise for a bid for 30,000 ton of gravel in the Spring Creek area. Motion carried.

Mike Carter, Director of Emergency Services

Surplus Equipment

At the last meeting the Board did surplus a 2001 Dodge Ram Pickup VIN#1BZKF23W413552602. Dewey Fire Department is in need of a vehicle and Mike asked if the vehicle could be transferred over to them. It will be discussed further at the next Fire Advisory Board meeting.

Fire Ban

Mike has been reviewing the fire ban and said that he would look at putting in stipulations that would allow campgrounds to have camp fires under certain conditions. He also voiced his concern about the minimal guidelines for obtaining burning permits and would like the application process changed.

Title III Funds

-March 25th was the final day for the 45 day comment period for Title III funds received in 2013 in the amount of $39,552.43. No comments were received. The Board moved that the funds be spent 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 fuel reduction. Motion carried.

Paul DeHaan, First Western Insurance

-Continental Western Group canceled Custer County’s building and equipment insurance policy effective April 1, 2013. Paul DeHaan put out quotes and received only one, from the SD Public Assurance Alliance. The deductibles and coverage are the same but the premium is much lower. The Board moved to purchase property insurance from SD Public Assurance Alliance pool. Motion carried.

Planning

-Final Plat 2013-3 Lakota Lake Encampment. Description is Plat of Revised Stage Stop Tract and Revise Lakota Lake Tract located in the S ½ SE ¼ of Section 21, T2S, R6E BHM, Custer County, SD. Applicant is Lakota Lake Camp, LLC. The Board moved to approve the final plat as recommended by the Planning Commission, provided that all conditions have been met. Motion carried.

Steve Schrempp, Wind Cave

-The Federal Highway Administration recently established a new funding source, the Federal Lands Access Program (FLAP), to assist national parks and other federal lands in improving access to their sites. The FLAP program improves transportation facilities that provide access to federal lands and must be owned by someone other than a federal land agency. The FLAP will require a 20% local match which can be funded by the National Park Service’s Federal Land Transportation Program (FLTP) funds. Their proposal is to partner with Custer County and write a grant to improve Custer County 101 Road (711 Road) at the intersection and Custer County Road 5 (Red Valley Road) for safety purposes and construct 1.3 miles gravel surfaced county road along Section Line Road 266(266th Street) right-of- way to provide public access to a newly acquired 5,556 acre parcel. The projected cost for the project is estimated at $270,000 and the 20% match would be paid for by NPS. The funding would come to the County and the project could be contracted out or done in-house. No funds would come to Wind Cave.

The Board discussed including the cost of improving 1.5 miles of county road CS5(Red Valley Road) in the grant application and the county paying the 20% match for that segment. Gary Woodford and David Green will provide information for the cost of improving the 1.5 miles of CS5.

The Board moved to support the application for the grant to include the cost of improving 1.5 miles of CS5, of which the county would provide the 20% match. Motion carried.

Dean Kurtz-Flag Presentation

-Dean, Chairman of the Custer County Democratic Party, presented the Board with a South Dakota flag and an American flag for display in the Pine Room at the Custer County Annex.

Hartman Variance Hearing

-The Board moved to table the hearing until all Board members are present so a quorum can be met. Motion carried. The notice of public hearing will be republished and set for April 24th, 2013.

Doris Ann Mertz, Librarian

Annual Report-The Board acknowledged the Custer County Library’s Annual Report for 2012. The Custer County Library increased their SD State Accreditation Standard from Essential to Enhanced.The Hermosa Library now has extra help from a part-time Experience Works employee. Between the two libraries 5,238 patrons are registered. Custer Library averages 120 visitors a day and Hermosa averages 25 visitors a day. The Custer County Libraries own 25,786 books, 2,466 videos, 1,404 audios and subscribe to 51 periodicals and loaned out over 45,683 library materials last year. 146 items were borrowed from other libraries through Interlibrary Loan; 1,223 downloads of e-books and audio books; 41 programs for children with 1,163 children participating; 2 teen programs were held with 47 participants; 20 programs were offered to adults with participation of 267; 9,916 internet sessions were used on the library PCs and Wi-Fi use also increased. $12,814 was raised in fines, grants, gifts, book sales, seasonal membership, copier income, etc. 94 tests were proctored for Continuing and Distance Education Students which amounts to about 6 days of staff time devoted to helping Custer County residents further their education. The Board moved to authorize the Chairman to sign the Survey Certification Form. Motion carried.

Gerald Wendorff, Workman’s Comp Claim

-Gerald has outstanding medical bills that he feels should have been paid for by the county’s workman’s compensation as a result of an injury while employed as a seasonal employee with the weed department in 2008. The SD Department of Labor Division determined that 75% of the injury was from a pre-existing condition. They denied the claim due to a pre-existing condition and untimely notice to employer. The Board moved to pay AAA Collections 25% of the outstanding medical bills, or $840.01. Motion carried.

Mail Call/General Business

-The Board acknowledged the following: a letter from US Department of Agriculture advising that Bankhead-Jones Farm Tenant Act payments were reduced by 5.1%. Custer County was scheduled to receive $3,610.63 but received $3,426.49, a reduction of $184.14;an invitation from the Black Hills Area Community Foundation to participate in a discussion on the impact of charitable organizations in our county on Tuesday March 26th at 2:30 to 4:00 at the annex; a letter from the Town of Buffalo Gap withdrawing their support of the US Europe Energy right of way application; an unsigned letter from concerned citizens of Buffalo Gap objecting to Powertech’s proposed uranium mine at Dewey-Burdock near Edgemont; and a letter from Ken and Vivian Couch regarding county policy for posting agendas and minutes on the web site which will be responded to.

-The Board was given copies of Custer County’s Exhibit I and Exhibit II from the 2012 annual report for their review.

Indigent

-Action was taken to go in and out of executive session for consideration of indigent claim. The session began at 9:23 a.m. and adjourned at 9:43 a.m. The Board moved to deny a request for indigent assistance in the amount of $650.00 due to the fact that the applicant is not indigent. Motion carried.

Travel Requests

The Board moved to approve the following requests. Motion carried.

-A travel request from Elmer Claycomb and James Kor to attend the 2013 Western South Dakota Hydrology Conference in Rapid City on April 18th at a cost to the county of $140.00.

-A travel request from Jon Gehrels to attend the Invasive Species training held in Rapid City on March 7, 2013 at a cost to the county of per diem and use of county vehicle.

-A request by Ken Irwin to sign in to a Webinar about EEOC/OFCP Compliance at cost to the county of $65.00. He may need a supplement to his budget to cover the cost at a later date.

Abatement/Refunds

The Board moved to approve the following abatements. Motion carried.

- Abatement 1050A John & Marie Bachmeier made a request for an abatement of taxes payable 2013 in the amount of $360.80 due to a change made from owner occupied to non owner occupied in error by the DOE office.

-Abatement 1051A David & Karen Papcke made a request for an abatement of taxes payable 2013 in the amount of $350.58 due to a building being valued that was not there.

Filming in Courthouse

The Board had in inquiry from a person interested in filming a short film for YouTube in the courthouse. The Board will ask for more information from the person before deciding.

Fire Revolving Fund

-Buffalo Gap Fire Department is requesting the revolving fire fund of $30,000.00 for replacement of a cab chassis for their CAFS unit. It will replace the 1967 military 5ton chassis that requires too much maintenance. The Board moved to make up to $30,000.00 available for Buffalo Gap Fire Department to replace the cab chassis for the CAFS upon recommendation of the Fire Advisory Board. Motion carried.

Executive Session-Personnel/Negotiations

-Action was taken to go in and out of executive session for personnel/negotiations. The session began at 10:24 a.m. and adjourned at 10:30 a.m. No action taken.

Vouchers

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

PAYROLL: COMMISSIONERS 8,153.85 INCLUDES TRAVEL 77.00; AUDITOR 11,305.09 INCLUDES TRAVEL 34.00; TREASURER 13,598.76; IST 3,116.32; ST ATTORNEY 12,652.01; BUILDING 10,072.39; DOE 15,577.74; ROD 7,139.60; VETERANS 2,207.45; SHERIFF 51,364.71 INCLUDES TRAVEL 38.00;NURSE 1,456.66; LIBRARY 11,326.15 INCLUDES TRAVEL 91.76; EXTENSION 1,979.46; CONSERVATION 659.93; WEED 4,396.14; PLANNING 10,602.39 INCLUDES TRAVEL 58.68; HIGHWAY 57,505.00 INCLUDES SUPPLIES 321.67; EMERGENCY MGMT 4,591.29; 24/7 SOBRIETY 814.11; 911 EM 21,897.97. TOTAL PAYROLL 250,417.02. G ZIOLKOWSKI CONTRACT 600.00 SHELTER FOR MARCH 109.00; BRAD KEIZER 152.44 FEB TRAVEL;COBRA 52.70,A & B WELDING INC 43.00 4/2013 HWY 5 YEAR DEPOSIT, INDUSTRIAL SUPPLY CO., INC. 37.94 3/11/13 4577451 HWY HYD PARTS, AVERA MEDICAL GROUP 4669.08 2-6-13 C-12-136 FE, BEESLEY LAW OFFICE, P.C. 2712.71 3-5-13 INV # 550, BLACK HILLS ELECTRIC COOP 3253.81 ACCT # 2785200 3-8-13, BLACK HILLS POWER 1650.99 ACCT#2679307408 4-3-13, BLACK HILLS WORKS 1000.00 3-1-13 QT PAYMENTS BLACK HILLS, BUTLER MACHINERY CO INC 241.66 2/21-2/28/13 HWY PARTS, CUSTER COUNTY HOUSING 890.00 CCH RED COMM 3-4-13, CATASTOPHIC COUNTY POOR 1929.00 2-25-13 SDCL28-13A-8, CENTURY-LINK 22.09 ACCT# 72142051 673-8100, CENTURYLINK 609.81 5-1-13 CUSTER CO E911 355-2025, CITY OF RAPID CITY, FINANCE OF 70.00 2-28-2013 INV # 1049, CATASTROPHIC LEGAL EXPENSE 1401.33 2-2013 SDCL7-16B-19, REGIONAL HOSPITAL 61.34 3-3-13 cuolooooo1, CLINCAL LAB OF THE BLACK HILLS 1061.52 ACCT # 4540-0310 10-27-03, CROSSROADS HOTEL 299.96 2-20-2013 FOLIO #126897, CUSTER DO IT BEST 85.75 3/11/13 C144984 HWY LATH, CUSTER TRUE VALUE 200.35 2/21-3/13/13 HWY SUPPLIES, DAKOTA PHOTOGRAPHIC LLC 69.44 INV # 6649 3-5-13, DALE'S TIRE & RETREADING, INC 584.76 3/5/13 61452 HWY TIRES, SD STATE TREAS-URER 35.00 INV# 10547065 2-15-13, DISCOV-ERY BENEFITS 25.00 INV # 000036 84973-15-13, DIESEL MACHINERY INC 382.92 3/12/13 W25838 HWY GENRTR INSP, EMERY PRATT CO INC 10.43 INV # 513065 3-1-13, EPCO 225.48 3-15-13 INV # 50092, ESRI, INC. 5919.86 3-14-13 CUSTOMER # 311993, FARMERS UNION OI COMPANY 7722.09 3/7-12/13 HWY GAS/ DIESEL, FASTENAL COMPANY INC 230.57 2/27/13 197268 HWY SHOP SUPPLI, FRENCH CREEK LOGGERS SUPPLY 143.91 3/7-19/13 HWY/SO PARTS, GOLDEN WEST TECHNO-LOGIES 4385.00 ACCT P1185, GREAT WESTERN TIRE, INC 2987.00 3/12/13 412815 HWY TIRES, HILLYARD/SIOUX FALLS 44.25 INV # 600607629 3-8-13, HOUCHEN BINDERY, LTD. 90.75 INV # 203500 3-6-13, INTERSTATE ALL BATTERY CENTER 109.95 3/13/13 MAINT BC BATTERY, LAMB MOTOR COMPANY 59814.00 2013 CHEVY TAHOE, MATTHEW BENDER & CO., INC 170.00 JAN AND FEB CONT, LEXISNEXIS 180.00 INV # 1302059278 2-28-13, LYLE SIGNS, INC 289.28 3/7/13 1012471 HWY 911 SIGNS, MAYER PLUMBING INC 9.10 INV # 23696 3-14-13, NACVSO/LE SUEUR CO VETERANS 30.00 MEMBERSHIP DUES 2013, NELSON'S OIL & GAS, INC. 794.25 9-12-12 CUSAIR, NEVE'S UNIFORMS INC. 2979.82 3-4-13 INV # RP-029409, NORTH CENTRAL SUPPLY INC 161.22 INV # 002650 3-11-13, PENNING-TON COUNTY JAIL 2380.00 3-14-13 SD0510000, PENNING-TON COUNTY JAIL 9145.00 3-14-13 SD0510000, PENNINGTON SO SHERIFF'S OFFICE 818.15 CUSTER COUNTY COURT TRANSPORTS, PITNEY BOWES/ PURCHASE POWER 2417.06 3-13-13 POSTAGE REFILL, QUILL CORPORATION 378.02 3-4-13 INV # 9894408, TELCO FED CREDIT UNION 860.14 ACCT#4095030009815072, TELCO FED CREDIT UNION 2587.03 ACCT#4095030009815072, REDWOOD TOXICOLOGY LABOR-ATORY 328.50 ACCT # 102607 2-28-13, REDWOOD TOXICOLOGY LAB, INC 120.00 2-28-2013 INV#12074520132, RICOH USA, INC 856.00 3-2-13 INV # 88631704, SERVALL TOWEL & LINEN 186.17 INV # 1917556 3-13-2013, SOUTHERN HILLS FIRE 118.25 3/7/13 HWY FIRE EXT INSPECTION, STEELE COLLISION 70.00 3/11/13 737751 HWY 102 ALIGNMN, SUN-SHINE STORAGE 71.00 SUNSHINE STORAGE, VERIZON WIRELESS 358.48 INV # 9701052115 3-30-13, VERIZON WIRELESS 671.52 INV # 9701052115 3-30-13, WALMART COMMUNITY 527.98 ACCT # 6032202000642257, DR AL WESSEL 48.72 3-6-13 INV# 4484, WESTERN BUSINESS SOLUTIONS 87.25 3-8-2013 INV # 6402, YOUNG'S MOBIL-PIERRE AMOCO 52.43 3-12-13 INV# 16770, Z & S DUST CONTROL SERV. 21105.47 3/13-14/13 HWY 101 MAG WATER.