Board of Commissioners held regular meeting June 4

POTTER COUNTY BOARD 

OF COMMISSIONERS MINUTES

JUNE 4TH, 2019

The regular meeting was called to order at 8:00 a.m. by Chairman Frost.  Commissioners present: Hagny, Everson, Iverson, & Zweber.  

APRIL 30TH 2019 MINUTES

Moved by Zweber, seconded by Iverson to approve the April 30th minutes.  All voted aye.  Motion carried.  

MAY 7TH, 2019 MINUTES

Correction to May 7th 2019 minutes in claims. Commissioners 3,846,018 should have read 3846.18, R&B 539,821.12 should have read 39,821.12, MDU read 1,336,023 should have read 1,336.23.

Correction from the May 7th meeting: Pamphlets came from the DOT and Supt Long gave them to Hagny.  Correction from May 7th meeting: Hagny did not suggest that we black top the main street in Lebanon.

Moved by Hagny, seconded by Everson to approve the May 7th minutes as corrected.  All voted aye.  Motion carried.  

CLAIMS

Moved by Zweber, seconded by Hagny to approve the following claims and authorize the Auditor to issue warrants for the same. All voted aye. Motion carried. 

May Payroll Comm $3,846.18, St Attorney 4,842.80, ROD 5,354.96, Lib 4,348.78, R&B 36,550.45, Aud 4,984.60, VA 576.94, Ext 901.95, FEMA 553.84, Treas 5,870.58, DOE 4,358.20, Sheriff 13,569.58, Jan 1,050.00.  

AFLAC 979.50, BCBS 18,500.34, SDRS 8,010.34, DEARBORN 214.84, INVESCO 25.00, SDRS 3,020.00, AMERITAS 261.40, GW BANK 20,507.79, COLONIAL LIFE 450.46, ACCOUNTS MANAGEMENT 376.44, DEPT OF REV 600.00, DEPT OF HEALTH 100.00, 

ATCO INTERNATIONAL 158.00, B&R TRUCK REPAIR, LLC 124.66, BIG STATE INDUSTRIAL SUPPLY 1,267.30, DEPARTMENT OF HEALTH 35.00, DEPARTMENT OF REVENUE 84,136.40, DMC WEAR PARTS LLC 5,748.87, GREAT WESTERN TIRE, INC. 8,160.12, HOLZWARTH SALES & SERVICE INC 880.80, HOVEN REPAIR  & BODY SHOP 4,847.01, 

HUB INTERNATIONAL 1,099.00, LOGAN ELECTRIC INC 180.00, MONTANA DAKOTA UTILITIES 641.47, MIDWEST OIL COMPANY 397.80, POTTER COUNTY NEWS 202.60, RED RIVER GRAIN 57.43, SCHLACHTER LUMBER 100.37, SERVALL 197.96, STANS 1,088.27, TRANSOURSE 1,084.25, US BANK VOYAGER FLEET SYS INC 1,018.98, 

212 MINI MALL 106.00, A&B BUSINESS 71.59, A&B BUSINESS 150.63, AMAZON 1,161.45, AMERICAN SOLUTION 184.99, AMY WAGER 104.16, B&R TRUCKING 992.96, BARB VANDERVORST 100.80, BROWN AGRONOMY 871.15, BUTLER MACHINERY 8,350.83, CENTER POINT 127.62, CITY OF GETTYSBURG 18.50, 

CITY OF GETTYSBURG 128.10, CITY OF HOVEN 67.76, CONNECTING POINT COMPUTER 5,740.49, CONVERGINT TECHNOLOGIES 303.48, DAKOTA FARM & RANCH 5.99, DAKOTA SUNSET MUSEUM 3,208.72, DAKOTA FARM & RANCH 1,639.95, DEANS REPAIR 78.29, DON FROST 1,400.00, HARLEY FLA 52.50, GREAT WESTERN 551.13, 

HERO 24/7 222.00, ANGELIA HILES 346.60, HOVEN MEDIA 365.38, JEANIE LAGAN 105.00, JOHN DEERE FINANCIAL 841.39, JOYS GREENHOUSE 32.68, LANGERS 84.95, MARSHALL & SWIFT 1,189.95, MCKISSOCK LLC 99.96, MDU 29.53, MIDWAY PARTS 486.73, MODERN MARKETING 123.34, 

NEW CREATIONS 19.83, NEW CREATIONS 40.41, OLINGER, LOVALD, MCCAHREN 344.00, PC FAIRBOARD 7,000.00, POTTER COUNTY NEWS 126.00, POTTER COUNTY TREASURER 213.78, POTTER COUNTY NEWS 297.99, POTTER ROD 30.00, SANDY HAGNY 98.34, SCHLACHTER LUMER 560.92, 

SD STATE HISTORICAL SOCIETY 40.00, SD DEPT OF PUBLIC SAFETY 2,511.86, SDAAO 400.00, SDACC 1,443.00, SDSU EXTENSION 70.00, SERVALL 77.62, SERVALL 78.08, SERVALL 97.20. SHAWNA SHAW 189.90, CRAIG SMITH 527.91, TRANSOURCE TRUCK 705.63, 

TRUE VALUE, 79.86, VAN DIEST 15,912.10, VENTURE 161.43, VENTURE 946.60, VERIZON 139.72, WALWORTH SHERIFF 855.00, WENDELL LAW 408.55, WESTERN COMMUNICATION 563.67, WIND CIRCLE 2,352.51, JESSE ZWEBER 18.48.

STATES ATTORNEY – 

CRAIG SMITH

POOR LIENS

States Attorney Craig Smith discussed Poor Liens.  Peterson from Codington Welfare is looking at the claims and would like additional records.  This may take Peterson up to 30 days to get this done.  

CAM WAL FRANCHISE 

APPLICATION

States Attorney Smith reviewed the Application States Attorney Smith has no objections to the electric line franchise application

NECOG

States Attorney Smith reviewed NECOG Agreement for Pre Disaster Mitigation Plan Assistance.  States Attorney Smith has no objections to the contract.

SDDOT

States Attorney Smith reviewed the SDDOT Detour Agreement. States Attorney Smith questioned if it will be a 2 year project the intervening period and how the governing agency will be  determined to be responsible for the condition of the road.

OPT OUT

States Attorney Smith discussed the Opt Out for secondary roads.  This needs to be adopted by July 15th to receive additional revenue next year

ABATEMENT HANSON

States Attorney Smith discussed the abatement for Ralph Hanson.  There was an error in methodology. The property is eligible for abatement.  The commissioners may abate a portion of the tax. DOE Hiles explained the assessment.  Moved by Zweber, seconded by Hagny to reimburse Ralph Hanson $700.  All voted aye.  Motion carried.

MUTUAL AID AGREEMENT

States Attorney Smith discussed Mutual Aid Agreement for emergency management.  States Attorney Smith opinion is it is not necessary for the commissioners to sign the agreement.  The statues are adequate for Potter County.

States Attorney Craig Smith discussed an issue with a  land owner, county road, erosion and an adjoining landowner. He has been advised the landowner will make the necessary repairs caused by the erosion.

SOUTH WHITLOCK 

AND RIVERVIEW ESTATES  

Present: Randy Harer.

Commissioner Hagny discussed talking with Chuck Krause and Joe Winkleman that has done a lot of work for Riverview Estates.  Hagny went out and looked at Riverview estates and said it dropped 4 foot and it is a fault.  Randy Harer stated he talked to Supt Long and suggested dumping some oversize in it and feather it up for now.  

States Attorney Smith discussed the plat that was approved.  There is no record in the minutes for the agreement for the road.  Stated Attorney Smith advised zoning would have set forth county or landowner obligations.  The States Attorney recalled the developer would build the road the county would gravel and maintain with minimal maintenance of the road in the future.

States Attorney discussed the county is required by statute to have warning sign in place for roads that are not passable  It is a Class 1 misdemeanor if there is not proper signage posted.

Randy Harer discussed a road that needs chip-sealed at South Whitlock.  This is 1¼ mile.

States Attorney discussed roads that can receive federal funds.  Part of that  maps show roads that are eligible for federal funds that are dirt path and should be reviewed.

RALPH HANSON ABATEMENT

Moved by Zweber to pay out $700 for abatement to Ralph Hanson, seconded by Hagny.  All voted aye.  Motion carried. 

APPLICATION FOR FRANCHISE

CAM WAL ELECTRIC

Moved by Zweber, seconded by Iverson for Chairman Frost to sign the Application of Franchise.  All voted aye.  Motion carried.

RESOLUTION: CAM WAL 

ELECTRIC COOPERATIVE, INC

Moved by Hagny, seconded by Zweber to pass the Cam Wal resolution.  All voted aye.  Motion carried.  

HIGHWAY SUPT LONG

Supt Long discussed the road at South Whitlock.

Todd Allen, from Butler CAT, presented warranty quotes for motor graders.    

Supt Long presented different Motor Grader quotes for next year.  This will be discussed at budget time.  

Supt Long discussed rotary mowers.  They are 6ft wide and he presented quotes for trade in.  Cost would be approximately $4,000 per mower.  They were not budgeted for 2019 and will be put on the 2020 budget.

Discussion of East Whitlock, cemetery roads, South Whitlock, by the hospital.  Jensen Construction presented a quote.  East Whitlock and West Whitlock are cost shared with Game, Fish and Parks.    

EXECUTIVE SESSION 

Moved by Zweber, second by Hagny to move into executive session for personnel.  All voted aye.  Motion carried.

Moved by Hagny, seconded by Iverson to move out of executive session.  All voted aye.  Motion carried.  

Moved by Everson seconded by Hagny to hire Brad Saltsman for highway maintenance at $16.00.  All voted aye.  Motion carried.

Discussion on Jim Lembke being reimbursed for copies of maps.  This will be done.

MOSQUITO SPRAYING

Moved by Hagny, second by Zweber to approve the Mosquito spraying for Hoven, Seneca, West & Whitlock Resort.  All voted aye.  Motion carried.

Discussion of putting up signs on roads that are not used.

WARRANTY FOR MOTORGRADERS

Moved by Hagny, seconded by Iverson to add warranty to Motor-graders.  2014 model current hours 7500. Cost for 24 month 2500 hours $17,750.00 and 12 month 1000 hours for $7470.00  All voted aye.  Motion carried.  

SHERIFF CURT HAMBURGER

Sheriff Hamburger presented the monthly report.

Sheriff Hamburger discussed the Town of Tolstoy paying part of the gas bill for the deputy sheriff.  

Sheriff discussed radios.  Sheriff Hamburger has not heard anything on the grants. 

This Saturday is the bike-a-thon in Hoven.

EMERGENCY MANAGEMENT – 

CHERYL SAUTNER

EM Sautner presented her time card to be signed.  

EM Sautner discussed Mutual Aid Agreement.  

EM Sautner stated the yearly exercise is July 14th 1:00 p.m. and will be held in Hoven.

EM Sautner has not heard anything on the HSMAT grant.  

NECOG

Moved by Zweber, seconded by Iverson for Chairman Frost to sign the NECOG agreement for pre-disaster mitigation.  All voted aye.  Motion carried.  

STATE OF SD DEPT OF HEALTH 

DIVISION OF FAMILY AND 

COMMUNITY HEALTH 

AGREEMENT

Moved by Zweber, seconded by Everson for Chairman Frost to sign the agreement for the WIC program.  All voted aye.  Motion carried.

UNIFORM ALCOHOLIC BEVERAGE 

LICENSE APPLICATION

Moved by Hagny, seconded by Zweber to approve Malt beverage license for Brown Hunt Club, LLC.  All voted aye.  Motion carried.

OFFICERS REPORT

The Register of Deeds and the Auditor’s Account with the Treasurer were reviewed.  Moved by Iverson, seconded by Hagny to approve the reports.  All voted aye.  Motion carried.

AUDITORS ACCOUNT WITH THE 

TREASURER AS OF 5/31/21019

Cash Items  $1,589.08

Checks on Hand  9,618.55

Great Western 37,706.12

Plains Commerce Checking 5,188.28

Plains Commerce Investments

500,000.00

Plains Commerce Bank 4,424,384.70

Total Cash Balance   4,978,486.73

TOTAL ASSETS IN CUSTODY 

OF COUNTY 5/31/2019

County Amount 4,051,751.99

Amounts Held for Other Gov 3,109.72

Amounts Held for Others 923,625.02

TOTAL ASSETS $4,978,486.73

ABATEMENT JIM LEMBKE

Moved by Zweber to refund $100.00 to Jim Lembke for abatement.  Seconded by Iverson. Aye: Frost, Everson.  Nay: Hagny.

EXECUTIVE SESSION 

FOR PERSONNEL

Moved by Zweber, seconded by Hagny to enter into executive session for personnel.  All voted aye.  Motion carried. 

Moved by Zweber, seconded by Hagny to move out of executive session for personnel.  All voted aye.  Motion carried.

DEPUTY AUDITOR

Moved by Iverson, second by Zweber to hire Nichole Archer as deputy auditor at $14.50.  All voted aye.  Motion carried. 

SUMMER DOE HELP

Moved by Hagny, second by Zweber for Director of Equalization to hire summer help at $14.00 per hour.  All voted aye.  Motion carried.

RESOLUTION FOR OPT OUT FOR 

SECONDARY ROAD PURPOSES

Commissioner Zweber presented the following resolution and moved for its adoption.

THE GOVERNING BOARD OF POTTER COUNTY do state that the above said board is unable to operate under the tax limitation measure currently in statute. 

We therefore OPT OUT of such tax limitation in the amount of $260,000.00 starting with calendar year 2019 taxes payable in the calendar year 2020.  This opt out will be for 10 years, which will be through taxes payable in the calendar year 2029.  This action has been taken by the board and approved by at least a two-thirds vote of the board.

This decision may be referred to a vote of the people upon a petition signed by at least five percent of the registered voters in the district and filed with the governing body within twenty days of the first publication of this decision.

Unless this action is referred to a vote of the people and reversed by such vote, this resolution authorizes the county auditor to spread an excess levy to raise tax dollars in the above stated amount.

Commissioner Everson seconded the above resolution.  All voted aye.  Resolution declared adopted.  

ADJOURN

Moved by Everson, seconded by Zweber to adjourn.  All voted aye.  Motion carried.

WILLAIM FROST, CHAIRMAN

POTTER COUNTY BOARD 

OF COMMISSIONERS

ATTEST:

SHAWNA SHAW

AUDITOR

Published once at the total approximate cost of $148.46

-062019

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