Board of County Commissioners held regular meeting July 2

POTTER COUNTY BOARD 

OF COMMISSIONERS

MINUTES

JULY 2ND, 2019

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

Moved by Hagny, seconded by Zweber to Amend the minutes with adding Michael Larson to the agenda at 9:00.  All voted aye.  Motion carried.

MINUTES

Moved by Hagny, seconded by Iverson to approve the June 4th minutes.  All voted aye.  Motion carried.

Chairman Frost shared with the commissioners a sample of an employee wages and benefits.  This would give an employee a chance to see how much they are making with wages and benefits with the county.

CLAIMS

Moved by Zweber, second by Iverson to not approve the claim for the City of Wahpeton.  All voted aye.  Motion carried.  

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

June payroll: Comm $3,846.18, St Attorney 4,842.80, ROD 5,249.96, Lib 5,139.64, R&B 37,936.77, Aud 2,524.18, VA 576.94, Ext 935.25, FEMA 553.84, Treas 5,870.29, DOE 3,495.45, Sheriff 13,551.48, Jan 1,200.00, WEED 206.75, AFLAC 979.50, BCBS 16,815.22, SDRS 7,559.14, DEARBORN 204.54, INVESCO 25.00, SDRS 3,020.00, AMERITAS 261.40, GW BANK 21,810.89, COLONIAL LIFE 484.08, SD DEPARTMENT OF PUBLIC SAFETY 2,511.86 

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 WESTRN TIRE INC 8,160.12, HOLZWARTH SALES & SERVICE INC 880.80, HOVEN REPAIR AND BODAY 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 BAND VOYAGER FLEET SYS INC 1,018.98, DEPARTMENT OF REVENUE 150.00, RALPH HANSON 700.00, HOVEN CO-OP 18,431.79, JAMES LEMBKE, 159.80, MONTANA DAKOTA UTILITIES, 80.26 BUSINESS MANAGER 182,123.66,  BUSINESS MANAGER 102,499.04, BUSINESS MANAGER 1,892.73, CENTRAL PLAINS WATER DEVE. DIST 828.57, 

FINANCE OFFICER 31,253.06, FINANCE OFFICER 8,065.84, FINANCE OFFICER 2,001.22, FINANCE OFFICER 1,406.69, SENECA FIRE DISTRICT 299.83, CITY OF MOBRIDGE 2,511.86, A&B BUSINESS INC 242.33, AGTEGRA COOPERATIVE 1,640.90, SYNCB/AMAZON 821.34, AMERICAN SOLUTIONS 48.25, AMERICAN SOLUTIONS 113.88, 

AVERA OCCUPATIONAL MEDICINE 231.98, B&R TRUCK REPAIR 1,882.70, BROWNLEE CONST INC 1,807.57, BIG STATE INDUSTRIAL SUPPLY 872.50, BUTLER MACHINERY CO. 4,175.39, CAPITAL AREA COUNSELING SERVICE 528.00, CENGAGE LEARNING 32.38, CENTER POINT LARGE PRINT 127.62, CITY OF GETTYSBURG 17.95, 

CITY OF GETTYSBURG 262.30, CITY OF HOVEN 67.76, CITY OF MOBRIDGE 2,472.86, CONNECTING POINT COMPUTER CENTER 11,475.00, CONNECTING POINT COMPUTER CENTER 55.00, COUNTRY WOMAN 18.00, DAKOTA SUNSET MUSEUM 3,208.72, DAKOTA FARM AND RANCH SUPPLY 63.98, 

DANI’S THISTLE SPRAYING 13,212.50, DEANS REPAIR 211.12, DECKER REPAIR AND WELDING 165.51, GOLDSTAR PRODUCTS INC 748.40, GREAT WESTERN TIRE INC 3,064.81, ANGELIA HILES 242.92, MARY BETH HOLZWARTH 52.92, HOVEN CO-OP 45.00, HOVEN HARDWARE 393.82, HOVEN MEDIA INC 233.81, JOHN DEMOTTS 300.00, 

KPGT/FM 89.1 RADIO 149.00, LIBRARY STORE 439.00, MCLEOD’S OFFICE SUPPLIES 344.09, MIDWAY PARTS 358.62, NAFZIGER LAWN & TREE SERVICE 208.00, NATIONAL SHERIFFS ASSOCIATION 60.00, NEW CREATIONS 1,217.00, NEW CREATIONS 94.64 NICHOLE ARCHER 52.50, NORTHERNSAFETY CO INC 1,170.56, OUTDOOR LIFE 24.97, THE PENWORTHY COMPANY LLC 254.40, 

POTTER COUNTY NEWS 792.86, SCHATZ ELECTRIC 534.93, SDVSOA 50.00, SERVALL 77.62, SERVALL 77.62, SERVALL 194.40, SHAWNA SHAW 52.50, CRAIG SMITH 430.00, TASTE OF HOME 14.98, TEAM LABORATORY CHEMICAL CORP 1,564.50, VENTURE COMMUNICATIONS 161.43, VENTURE COMMUNICATIONS 953.19, US BANK VOYAGER FLEET SYS INC 938.92, ED WAGER ELECTRIC INC 2,496.75, ZUBER REFRIGERATION 40.00.

JULY 5TH, 2019 HOLIDAY

Governor Noem declared State Government offices closed on July 5th, 2019.

Moved by Hagny, seconded by Everson for the Potter County offices to be closed on July 5th, 2019.  All voted aye.  Motion carried.  

MOSQUITO CONTRACT

Moved by Zweber, seconded by Iverson to approve the mosquito contract for the Town of Tolstoy.  All voted aye.  Motion carried.  

OFFICER 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 6/30/2019

Cash Items $1,508.00

Credit Cards $136.10

Checks on Hand $16,781.85

Great Western Bank $107,753.33

Plains Commerce Checking

$1,188.28

Plans Commerce Investments

$500,000.00

Plains Commerce $3,953,707.30

TOTAL CASH BALANCE

$4,581,074.86

TOTAL ASSETS IN CUSTODY OF COUNTY 6/30/2019

County Amount $3,994,361.20

Amounts Held for Other Gov

$3,109.72

Amounts Held for Others

$583,603.94

TOTAL ASSETS $4,581,074.86

STATES ATTORNEY – 

CRAIG SMITH

States Attorney Craig Smith discussed poor liens.  There is difficulty receiving information from the hospitals.  This will be discussed in the August meeting.

NECOG

States Attorney Smith discussed the Community Utility Access Grant.  

DETOUR

States Attorney Smith discussed and detour and the contract points.  During the intervening period Potter County and the City of Gettysburg has a responsibility for damages. 

WEST NILE CONTRACT

States Attorney Smith reviewed the West Nile Contract.  

CAM WAL EASEMENT

States Attorney discussed the republication of the Cam Wal Easement.  This is ready to be approved.

ROAD ISSUES

States Attorney Smith continues to work on detailed information on roads in the county with concerns at Riverview Estates. Riverview Estates has a loop that goes off to the west that has fallen off.  There is a board with steel posts holding it up.  States Attorney Smith suggested that this road should be closed for liability.  States Attorney Smith discussed a second road that goes off to the right and is breaking off.  The County has an obligation to mark this and this could be a Class II misdemeanor for the Highway Supt if not marked.  Commissioner Hagny stated that signs are posted.  States Attorney discussed the procedure for closing a road with notice and publication.  

States Attorney is working with Supt Long on plats to determine where obligations start and where they end on a private road.   

States Attorney Smith discussed the mapping of county roads.

States Attorney Smith discussed the Larrington Addition roads.  This was accepted as a minimum maintenance road. 

States Attorney Smith stated if we had zoning we would have more rules for platting.  

NEW JUDGE

States Attorney Smith stated M. Bridget Mayer is our new judge for Potter County.

COUNTY LAWSUIT

States Attorney Smith touched on the lawsuit set for the end of September based on the writ of mandamus.  There is a jury trial for the mid of November.    

States Attorney Smith has no concerns on a legal standpoint for the funding agreement.

MICHAEL LARSON

Michael Larson met with the commissioners to discuss the plat from 2014 and the minimum road maintenance.  Larson asked the commissioners if they could get some gravel on the road and to upgrade from minimum maintenance road to a regular maintenance road.  

HIGHWAY SUPT JD LONG

MOTORGRADERS

Highway Supt Long presented 2 different motor-graders to the commissioner.  Cost $371,589.00 with 5yr/7500hr warranty and cost $384,630.00 with 7yr/8500hr warranty.  Supt Long states we should order one now so we have it by the beginning of 2020 and this would come out of the 2020 budget.  The difference in the cost is the warranty hours.  This would be on the 2020 budget.  

Supt Long stated our new motor-grader is in Minneapolis and we should have it soon.

RIP RAP

Supt Long discussed Old 212 east of Lebanon a road by Suzi Vail’s that is washing out.  Supt Long found rip rap on Kelly Kirby’s Land.  The County will trade gravel for rip rap.  This would save the county miles on hauling and costs.  Commissioners agreed.  

CHIP SEAL

Supt Long discussed chip sealing two cemetery roads, South Whitlock road, and Old 212 through Lebanon.  This would be approx. 4 miles.

CONTRACT GRAVELING

Supt Long presented graveling bids from Sully County that Stanley County will be using.  Gravel is needed along Highway 83 to MR Rausch first curve around 2 miles and estimate of 3700 tons.  Bobby Clarks west of 1804, 6 miles approx. 9000 tons Bob Clark.  The gravel wouldn’t be able to come until August.  Todd Stores 2 miles 2900 tons and the Golf course road 2 miles and 2200 tons.  The Golf course road is 38 miles from the pit.  Discussion of the County cost per mile and hiring a company.  

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 Iverson, seconded by Hagny to pass the Cam Wal Resolution.  All voted aye.  Motion carried.  

CONTRACT WITH STATE OF 

SOUTH DAKOTA DIVISION 

OF HEALTH 

Moved by Hagny, seconded by Everson to accept the grant for $4,797.00. All voted aye.  Motion carried.

NICK RAUSCH 

Nick Rausch met with the commissioners to discuss roads that are in need of gravel.  Rausch stated the roads need to have the shoulders pulled and have a crown.  Rausch also stated there is a 6-ton sign posted in his area that should be removed.  

Commissioner Hagny stated that the DOT sent Supt Long an email on the bridge, by Bob’s Resort, and the bridge is going to be redone.  This is on the Statewide Transportation Improvement Programs. This project may begin sooner than expected.  

GRAVEL HAULING

Moved to Hagny, seconded by Everson hire Jerry Hersman LLC at $.25 per mile to haul gravel this summer and fall up to $50,000.  All voted aye.  Motion carried.  

MOTOR GRADER

Moved by Iverson, seconded by Everson to purchase a motor grader for $384,630.00.  All voted aye.  Motion carried.  Supt Long will look into trade-in an old motor grader.  

PART-TIME SUMMER 

HIGHWAY MAINTENANCE

Moved by Zweber, seconded by Iverson to hire Josh Zweber at $16.00.  All voted aye.  Motion carried.

Supt Long said after inspecting on the blue truck, the equalizer arm is going to need some work.  

Supt Long discussed the purchase of gravel.

NECOG

COMMUNITY ACCESS 

GRANT FUNDS

Ted Dickey, NECOG, met with the commissioners to discuss the Application for Industrial Park or Community Access Grant Funds.  Cost estimate is $695,938. 

Moved by Hagny for Chairman Frost sign the Resolution of Financial Commitment, Responsibility, for Road Maintenance, and Support for Project.  Second by Iverson.  All voted aye.  Motion carried. 

RESOLUTION OF FINANCIAL COMMITMENT, RESPONSIBILITY FOR ROAD MAINTENANCE, ANS SUPPORT FOR PROFIT

WHEREAS, Potter County is applying for a Community Access Grant through the South Dakota Department of Transportation (SDDOT) for Potter County on County Road 816 from King Street to the entrance of the airport, and

WHEREAS, the SDDOT requires a 20 percent local match for the construction costs of a project up to a specified amount; and

WHEREAS, the SDDOT required the local government agency to be responsible for the maintenance of improved road; and

WHEREAS, Potter County is in full support of this project and grant application;

THEREFORE, BE IT RESOLVED that Potter county will provide the local match need to supplement the SDDOT grant.  This match will be 20 percent of the construction cost as show in the grant application.

THEREFORE, BE IT ALSO RESOLVED that Potter County will be responsible for maintenance of the improved road; and

THEREFORE, BE IT ALSO RESOLVED that Potter County expressed their full support and cooperation to the road improvement project and the SDDOT Community Access Grant Application.

Dated this 2nd day of July, 2019

William J. Frost, Chair

ATTEST:

Shawna Shaw, County Auditor

Discussion of zoning in Potter County.  

SHERIFF – CURT HAMBURGER

Sheriff Hamburger presented the monthly report.  

SURPLUS

Sheriff Hamburger presented a list of  supplies that need to be surplus.  Moved by Zweber, seconded by Hagny to surplus old supplies to destroy. A list of items is in the Auditors office.  All voted aye.  Motion carried.  

Sheriff Hamburger discussed PBT cameras.  

Sheriff Hamburger presented a non-violent training for deputy Risetter to attend. Cost $1,489. Commissioners agreed to send Risetter.

Sheriff Hamburger stated Alan McClain will be retiring September 21, 2019.  

Sheriff Hamburger discussed having a chairman for Mental Health in Potter County.  The Mental Health chairman in Pierre requires to see a physical signature from a care provider.  There are times that Potter County uses teleconference for admission and some hospitals will not accept a teleconference Doctors order because there is no physical signature.

EMERGENCY MANAGEMENT – 

CHERYL SAUTNER

EM Sautner presented her time sheet

Moved by Zweber, seconded by Iverson for Chairman Frost to sign time sheet for SLA.  All voted aye.  Motion carried.  

Emergency Management exercise in Hoven on July 14th, 2019 at 1:00 p.m.

FEMA

This afternoon EM Sautner, Highway Supt Long and Auditor Shaw will be going to a meeting in Bowdle to meet with FEMA to talk about the spring blizzard.

SOUTH DAKOTA DOT AGREEMENT 

FOR USE AND RESTORATION 

OF DETOUR AND/OR 

WET WEATHER DETOUR

Moved by Hagny for Chairman Frost to sign South Dakota DOT Agreement for Use and Restoration of Detour and/or Wet Weather Detour.  Seconded by Iverson.  All voted aye.  Motion carried.    

GRAVEL HAULING

States Attorney Smith was contacted on the gravel hauling.  Jerry Hersman LLC was not hired by Stanley County for gravel hauling and may not be used without Potter County advertising.  Supt Long will advertise for gravel hauling.  

GETTYSBURG WHITLOCK BAY 

DEVELOPMENT CORP – 

KARA WILLIAMS 

Kara Williams thanked the commissioners for their past contributions.  Williams explained how the Development Corporation works.  Williams discussed the lodging, restaurants, and housing in our community.  

PROVISIONAL BUDGET

Provisional budget was addressed.

DOE ANGELIA HILES

Ryan Poots met with the commissioners and presented a Power Point on Pictometry.  

EXECUTIVE SESSION

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

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

ADJOURN

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

WILLIAM FROST, CHAIRMAN

POTTER COUNTY BOARD 

OF COMMISSIONERS

ATTEST:

SHAWNA SHAW

AUDITOR 

Published once at the approximate cost of $181.35

-071819

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