Board of Commissioners held special meeting March 18

POTTER COUNTY 

BOARD OF COMMISSIONERS

SPECIAL MEETING

MARCH 18, 2019

A special meeting was called to order by Chairman Frost 1:00 p.m. in the Commissioners Room at the Courthouse. Oath of Office was given to Patrick Everson, for Commissioner of District 5, by Clerk of Courts Sherise Wittler. Commissioners present: Iverson, Everson, & via phone conference Hagny.  Absent: Zweber.

HIGHWAY

Discussion of purchasing a new loader.  Bids were from Butler for a model 950GC Wheel Loader $208,373. Nuss Truck & Equipment Volvo L120H v2 $233,353.75, Nuss Truck & Equipment Volvo L110Hv2 $219,000.  Moved by Iverson, seconded by Hagny to purchase Volvo L120H v2 for $233,353.75.  All voted aye.  Motion carried.

Devin Gerber, highway maintenance, gave his resignation.  

Highway maintenance advertisement will go in the Potter County News and Hoven Media.

LOAD LIMITS

Discussion of speed limits and putting load limits on.  

STATES ATTORNEY

States Attorney Craig Smith stated that the road limits were not on the agenda and to modify the agenda as it could become a criminal prosecution.  Record to show the agenda corrected due to the recent winter storm.  

NEW COMMISSIONER

States Attorney Craig Smith discussed clarification for new commissioner.  There are 2 different statues. 1.) General statue states anytime there is a type of resignation on board of commission that must be filled on the next election.  2.) County statue states when you have more than a three-man board on even years even commissioners are up for election and on odd year odd number commissioners are up for election.  This appointment of Everson is for a two-year term and he will be up for election in two years for a two-year term for that commissioner position to follow the statute for staggered terms

SNOW REMOVAL

States Attorney Craig Smith discussed a legal question for snow removal.  Maintenance of the county roads including approaches is allowable within the county right of way for the county road way and that would include snow removal.  Any maintenance or snow removal on private land is not legal.  The county cannot use public money on private land.  There is an exception for snow removal, SDCLE 34-5-4 Determination of necessity for snow removal–Emergency and disaster declared by Governor or county commissioners. The board of county commissioners with the county highway superintendent shall be the sole judges as to the necessity, need, and emergencies for snow removal operations and repairs, and shall exercise full discretion with decisions relative thereto. To expend money from said fund as otherwise provided in 34-5-3, the Governor or the board of county commissioners by a resolution duly adopted must declare that a time of emergency and disaster exists.  

That requires a disaster declaration.

If people are in a need for medical emergency or livestock in an emergency situation to use county equipment to open a driveway to allow emergency access is allowable.

Commissioner Hagny asked if we had a declaration for disaster how long it would last.  This would last a few days after a snow storm.  Depending on the time of year and the situation a disaster declaration could be declared for a longer period of time.

Discussion for a quorum if three commissioners could be on the phone for the meeting.  

AMEND AGENDA

Moved by Everson to amend the agenda due to current weather condition to put on the agenda the posting of roads.  Seconded by Iverson.  All voted aye.  Motion carried.

EXECUTIVE SESSION 

FOR PERSONNEL

Moved by Iverson, seconded by Everson 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.

LOAD LIMITS 

Moved by Everson, seconded by Iverson to have the spring load limits effective immediately.  All voted aye.  Motion carried.  

ADJOURN

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

WILLIAM FROST, CHAIRMAN

POTTER COUNTY BOARD 

OF COMMISSIONERS

ATTEST:

SHAWNA SHAW

AUDITOR

Published once at the total approximate cost of $47.27

-032819

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