Board of Commissioners held regular meeting March 5

POTTER COUNTY 

BOARD OF COMMISSIONERS

MINUTES

MARCH 5, 2019

The regular meeting was called to order at 1:35 p.m. by Chairman Frost.  Commissioners present: Zweber & Hagny.  Absent: Iverson.

Moved by Zweber, seconded by Hagny to approve February 5th, 2019 minutes.  All voted aye.  Motion carried.

STATES ATTORNEY CRAIG SMITH

Moved by Hagny, seconded by Zweber to move into executive session for legal consultation (SDCL 1-25-2 (3). All voted aye.  Motion carried.

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

RELEASE OF OPTION CONTRACT

States Attorney Craig Smith and John Von Wald met with the commissioners regarding the Kenny Kaup gravel site.  Discussion on the Release of  Option, ownership and rent for gravel piles and remediation.  Potter County has two gravel piles on the premises. States Attorney advised the commissioners that the 1947  Option was not legally binding at this time.

Moved by Hagny for Chairman Frost to sign  the Release of Option upon receipt of confirmation of the county ownership of two stockpiles of gravel and rental charges for storage of the gravel piles on the site. Seconded by Zweber.  All voted aye.  Motion carried. 

NECOG

Ted and Eric Senger from NECOG met with the commissioners.  Discussion of Community Access Grant for the airport road this year.  Last time that road was funded was in 2002.  If this is approved work could start in 2020.  

Discussion of pre-mitigation was funded for Potter County not long ago.  We have the SLA agreements for our Emergency Management and we need to have a current mitigation plan.  Potter County expires in 2020.  

Community Development Block Grants was discussed.

Discussion of new hospital being built.

Discussion of wind turbines.  March 20th NECOG is having a wind turbine meeting if anyone is interested.  

NECOG still has an at large vacancy for Potter County.

Commissioner Hagny has been nominated to NECOG’s executive board.

STATES ATTORNEY CRAIG SMITH

States Attorney Smith stated that he did talk to Roy Brownlee and he orally confirmed the county ownership and  agreement for no charge on storage for the two county stock piles at the Kaup site.

OPT OUT

Auditor Shaw showed the opt out application and talked about comparisons for opt outs.  

The county does not have to take the full opt out every year.  This will be tabled until April’s meeting.

States Attorney Smith discussed  what the county can and cannot do when offering health insurance for employees.  States Attorney Smith has researched and consulted with insurance company representatives. There are two critical concerns: #1 what the county has for a group health plans and #2 no violation of medicare secondary payer rule.  

Violation of  the medicare secondary payer rule was discussed in 2015.  States Attorney Smith stated in his opinion the county has a policy that provides full coverage health insurance only. If an employee chooses not to take the county full coverage insurance policy, and an employee may not be compensated by the county paying for insurance such as a medicare supplemental policy. Because of the number of county employees that would be a direct violation of the medicare secondary payer rule and expose the county to significant civil penalties.

Discussion of employees hired or now eligible for  Medicare.   The county can have a policy to provide full coverage on health insurance with an opt out.  The opt out would have to be provided to all employees with the requirement any opt out by an employee include proof of medical insurance.  The opt out could provide additional compensation to that employee.

States Attorney will contact Chris Rude and see if he can come in May or June to visit with the commissioners.

ABATEMENTS

States Attorney Smith advised the DOE has had questions about  lot values for Whitlock Riverview estates in 2018/2019 assessment.  DOE has had input from the Department of Revenue  The state instructed  her to use square footage for sales at the time. The DOE and Department of Revenue reviewed the procedure for 2019/2020 and made significant reduction for lot values.  States Attorney Smith advised any change for the 2018/2019 assessment would have to be an abatement and the commissioners would have to decide if it was a proper abatement request.  This is for the lots and not the improvements on lots.  States Attorney Smith’s opinion  this could be  a mistake eligible for abatement. 

POOR LIENS

States Attorney Smith discussed the 2 poor liens #2109-1 & #2019-2 both were filed by the local hospital for reimbursement one for $4,100 and one for $7,000.  These need to be reviewed.  We have received one application for help.

One hospital the county has to pay for is medical services for  prisoner  held in the  Walworth County jails and treated in the Mobridge  hospital.  He was moved to Bismarck to intensive care.   

SHARE COST WITH 

SULLY COUNTY  

States Attorney discussed the sharing cost with Sully County on bridges that are shared with Potter and Sully County along the county line road.

Moved by Zweber, seconded by Hagny to pay half of the bridge cost.  All voted aye.  Motion carried.

States Attorney Smith discussed the Extension Advisory Board.

States Attorney Smith discussed the election of officers for the Fairboard.  We do not have an agreement.  We may want to get a written agreement with the Fairboard.  Commissioner Zweber has been in contact with fair board members to see if anyone is interested on being on the board.  Chairman Frost stated we do not have a functioning board.  Dale Nauman is the current President, secretary and treasurer.  This is not legal. An ad will be put in the paper.  

SICK LEAVE

Moved by Zweber to adopt the leave and holidays as rewritten, seconded by Hagny.  All voted aye.  Motion carried.  

EXTENSION BOARD

Moved by Zweber to dissolve the Extension advisory board.  Motion still stands.  

SHERIFF

Sheriff Hamburger presented the monthly report.  

Sheriff Hamburger discussed the training of the new deputy sheriff.  

Sheriff Hamburger discussed the Safety Pups program.  Sheriff’s goal is to do a bicycle safety in Hoven.  He will be in contact with sponsors to get the funding started.  

JOHNSON CONTROL

Will Quinn met with the commissioners.  Quinn started out explaining what all Johnson Control does.  All of their work is certified and they can also help line up financing.  Quinn presented an agenda.  Sully County courthouse was managed and remodeled by Johnson Control.  Sully County is not ADA but they do have the provisions set up for an elevator.  

Quinn stated it is efficient to go from steam boiler to hot water system.  All of the radiators would need to be replaced in the courthouse.  

EXTENSION OFFICE

Extension Office secretary Mary Beth Holzwarth met with the commissioner to discuss activities the Extension office provides.  Driver’s licensing is going well.  

Extension secretary Holzwarth stated that Emily Trzpuc has started working at NDSU.  

Extension secretary Holzwarth discussed interest in starting an Extension Office Facebook page. This would provide information for driver’s licensing, documents that are available at her office, fees, water testing supplies.  Commercial testing is also done at her office.  

Extension secretary Holzwarth discussed the use of the Extension Office computer.  She has set up a separate password and folder for 4H leaders to use.  

Extension secretary Holzwarth will be attending an Extension Office training in April.  

Extension secretary Holzwarth was asked by Hyde County to help on the horse show as she helped run it last year. 

Extension Office Holzwarth discussed Civil Air Patrol and what they do.  She is waiting for more information from Richard Rezac.  

GAME, FISH & PARKS

Brendon Peterson from GFP met with the commissioners.  Discussion on how many complaints he has received.  Most of the complaints are for coyotes.  Peterson stated that the coyote population is down.   

Peterson also discussed Wildlife Damage Management 2018 Annual Report.  

HIGHWAY SUPT JD LONG

Supt Long presented quotes on radios.  These would work with the old radios. 

Supt Long presented an application for part-time employment and one for full time employment.  

Supt Long spoke to Alan Frost, from Hoven, and Frost is requesting to do some work on the gun club road and approach that is on the county line

Supt Long stated Kenny Kirby road is closed.

Supt Long presented bids for a truck with a plow and also a bid on loaders.

 ADVERTISING

Moved by Zweber, seconded by Hagny to approve employment ad in paper.  All voted aye.  Motion carried.  

EMPLOYMENT

Moved by Zweber, seconded by Hagny to hire Edward Flad at $16.00 per hour.  All voted aye.  Motion carried. 

Supt Long discussed with commissioners and States Attorney Smith to hire seasonal employees without meeting with commissioners. 

Moved by Zweber, seconded by Hagny to hire up to 4 for seasonal employment starting at $16.00.  All voted aye.  Motion carried.

Supt Long asked the commissioners if anyone had time to look into row crops.  This was discussed in the February meeting.  There was discussion of rotating crops every year.  

Discussion of closing roads when roads are not used.  The owner should be contacted if a road is going to be closed for repairs.    

Discussion of a school bus routes not being cleared out before school has started.  The highway department does not have enough equipment or employees.

Discussion on new shop.

Discussion of air lift for the shop $1,500 – $3,000.

Moved by Hagny, seconded by Zweber to purchase an air lift for the shop.  All voted aye.  Motion carried.  

Discussion of vehicle accident with Loren Holzwarth and county equipment.  Holzwarth was at fault.  

Discussion of vehicle accident done to SUV for $2900.00.  This has been sent to the county’s liability insurance.  

Discussion of the Department of Transportation Motor Vehicle report that needs to be sent in.  Supt Long is working on this. 

Auditor Shaw explained payroll.  There were some questions on the holiday pay. Corrections will be made on the next payroll.

Moved by Zweber, seconded by Hagny to place an ad for bids on a 1997 pickup.  All voted aye.  Motion carried.  

PROBATION REVIEW 

ON SUPT LONG  

Moved by Zweber, seconded by Hagny for 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.    

TRANS SOURCE AND 

SAFETY SERVICE

Jeff Walth from Safety Service and Eric Hamiel from Tran Source met with the commissioners and presented list prices on a Chassis truck.  Cost is $117,500 for the truck.  Package option would cost more.  

4-H LEADERS

4H leaders Cari Rausch, President, Cari Rogers, vice president, Cindy Jager, secretary, Penny Rogers, leader, & Audra Jensen leader.  

Cari Rausch stated there are 66 youth involved in 4H, not including the 2 Clover Bud groups. There is 26 paid 4H leaders.  The leaders pay to be in 4H.  The 4H is funded through grants and personal donation.  What the county does for 4H is supply storage for supplies and use of Extension staff.

Discussion of the Three County and the replacement of Emily Trzpuc.  

4H leaders met with the commissioners to discuss Extension Office personnel and what the duties are of the Extension Office Secretary.  

Discussion of the Extension Advisory Board. 

States Attorney Smith has reviewed the contract with SDSU. States Attorney Smith will contact SDSU on a mediator.  

Mary Beth Holzwarth, Extension Office Secretary, will be invited to the next commissioners meeting for Executive Session for personnel.  

Moved by Zweber, seconded by Frost to dismiss the Extension Advisory Board set up at the November 2018 meeting..  Zweber aye, Frost aye.  Hagny nay.  Motion carried.

HIGHWAY JIM LEMBKE

Jim Lembke met with the commissioner to discuss reimbursement for insurance. States Attorney Smith reviewed what the county can do for health insurance and the county could not reimburse him.

ABATEMENT

States Attorney Smith along with Jim Lembke discussed with the commissioners an abatement of a house that was torn down in May of 2017.  Lembke bought the property in 2018.  Lembke will get his closing statement to the States Attorney Smith.  This will be tabled until the April meeting to determine date of ownership and who paid the real  property taxes.

EXECUTIVE SESSION SDCL 1-25-2 

Moved by Zweber, seconded by Hagny to move into executive session for public officer qualification for a commissioner to be appointed. SDCL 1-25-2 (3).

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

COMMISSIONER DISTRICT 5

Moved by Zweber, second by Frost to appoint Pat Everson for Commissioner of District 5. 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. 

February Payroll: Comm $3,394.95, St Attn 6,642.02, ROD 6,933.90, Lib 6,466.94, R&B 47,268.38, Aud 4,950.34, VA 621.09, Ext 1,516.10, FEMA 843.26, Treas 8,111.01 DOE 5,404.01, Sheriff 18,909.85, Jan 1,289.22, 

Aflac 1103.34, BCBS 19,725.25, SDRS 8,076.46, DEARBORN 194.24, Invesco 25.00, SDRS 1,820.00, Ameritas 291.84, GW Bank 19,865.41, Colonial Life 413.14.  

A&B 409.63, BROWNLEE CONST 66,343.86, NPC 16,587.00, SDACO 88.00, SDACO 108.00, TRUE VALUE 56.98, MDU 125.12, PC NEWS 24.00, A & B BUSINESS, INC. 402.99, AGTEGRA COOPERATIVE 3,199.60 TRAVEL & CONF., SYNCB/AMAZON 41.22, AMERICAN SOLUTIONS 682.82, AVERA OCCUPATIONAL MEDICINE 552.15 SERVICES & FEES, 

B&R TRUCK REPAIR 2,978.76 REPAIRS/MAINT., BARBARA VANDERVORST 72.68, BIG STATE INDUSTRIAL SUPPLE 319.70 SUPPLIES, BUTLER MACHINERY CO. 5,951.73 SUPPLIES, CENGAGE LEARNING 32.38, CENTER POINT LARGE PRINT 127.62, CITY OF GETTYSBURG 16.85 UTILITIES, CITY OF GETTYSBURG 57.50, 

CITY OF HOVEN 67.76 UTILITIES, CITY OF MOBRIDGE 2,589.50, CONNECTING POINT COMPUTER CNTR 336.57, DAKOTA SUNSET MUSEUM 3,208.72, DAKOTA SUPPLY 1681.75 SUPPLIES, DAKOTA FARM & RANCH SUPPLY 93.46, DEAN’S REPAIR 459.84 REPAIRS/MAINT., DECKER REPAIR & WELDING 107.18 SUPPLIES, 

DEPARTMENT OF REVENUE 60.48, DMC WEAR PARTS LLC 2,440.20 SUPPLIES, DRIVERS LICENSE GUIDE COMPANY 43.90, GALL’S 339.89, GAS N GOODIES 66.65, GETTYSBURG COLLISION CENTER 125.00 REPAIRS/MAINT., GILLUND ENTERPRISES 245.76 SUPPLIES, SANDRA HAGNY 10.92, 

HEARTLAND WASTE MANAGEMENT, IN 550.00 UTILITIES, HOVEN COOP SERVICE 13.02 TRAVEL & CONF., THE HOVEN REVIEW 585.46, LAMB MOTOR COMPANY 430.02, LANGER’S FAMILY FOODS 107.51, THE MAGNOLIA JOURNAL 20.00, MCLEOD’S OFFICE SUPPLIES 287.80, MONTANA DAKOTA UTILITIES 1,177.47, MIDWAY PARTS 1,438.15 SUPPLIES, 

MIDWAY PARTS, INC. 65.38, MITZEL & SONS, INC 1,200.00 REPAIRS/MAINT., MONTANA DAKOTA UTILITIES 1,645.56 UTILITIES, NEW CREATIONS 276.51, NORTHERN PLAINS COOPERATIVE 20,865.30 TRAVEL & CONF., NORTHERN TRUCK EQUIP. CORP 998.05 REPAIRS/MAINT., OAHE PEST ELIMINATION 57.50, 

POTTER COUNTY LIBRARY 94.09, POTTER COUNTY NEWS 391.68, POTTER COUNTY TREASURER 32.87, RAMADA MITCHELL 57.88, MATT RISETTER 90.51, SCHLACHTER LUMBER 13.80 SUPPLIES, SCHLACHTER LUMBER 5.19, SD DEPARTMENT OF PUBLIC SAFETY 2,340.00, SDAAO TREASURER 175.00, SDACC 300.00, 

SDACES 15.00, SDACO 200.00, SDVSOA 50.00, SERVALL 241.77, SERVALL UNIFORM & LINEN SUPPLY 135.62 SUPPLIES, THE SCHREIBER LAW FIRM 211.85, TRUE VALUE HARDWARE 32.86, TRUE VALUE HARDWARE 8.58 REPAIRS/MAINT., EMILY TRZPUC 292.32, VENTURE COMMUNICATIONS IN 161.73 UTILITIES, 

VENTURE COMMUNICATIONS 975.07, VERIZON WIRELESS 125.98, VERIZON WIRELESS 55.45 UTILITIES, US BANK VOYAGER FLEET SYS INC 496.63, WALWORTH COUNTY TREASURER 1,520.00, WORTH CONSTRUCTION 1,317.60 SUPPLIES, JESSE ZWEBER 17.64.

OFFICER’S REPORT 

FOR FEBRUARY

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

AUDITORS ACCOUNT WITH THE 

TREASURER AS OF 2/28/2019

Cash Items $1,687.90 

Credit Cards $-   

Checks on Hand $13,975.80 

Great Western $195,207.94 

Plains Commerce Checking

$37,675.94 

Plains Commerce Fund Investments

$500,000.00 

Plains Commerce Bank

$3,554,004.79 

TOTAL CASH BALANCE

$4,302,552.37 

Total Assets in Custody of County as of 2/28/2019

County Amount $3,419,088.40 

Amounts Held for Other Gov $3,189.72 

Amounts Held for Others 

$880,274.25 

TOTAL ASSETS $4,302,552.37 

ADJOURN

Moved by Hagny, 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 $193.21

-031419

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