Board of County Commissioners held regular meeting June 4

POTTER COUNTY BOARD 

OF COMMISSIONERS MINUTES

June 4, 2020

CALL TO ORDER

Chairman Zweber called the regular commissioner meeting to order. Present: Frost, Iverson, Everson & Hagny.  

Hagny discussed recording the meeting with her cell phone for her own personal use.

MINUTES

Moved by Frost, seconded by Hagny to approve May 1st and 21st, 2020 minutes.  All voted aye.  Motion carried.

PRIMARY ELECTION 

JUNE 2, 2020 CANVASS

Moved by Hagny, seconded by Frost to approve the Canvass for the Primary Election.  All voted aye.  Motion carried.

CANVASS OF THE 

JUNE 2, 2020 PRIMARY ELECTION

The canvass of the Primary Election was conducted with the following results:

PRIMARY JUNE 2nd 2020 Total

AbsenteeGettysburgHovenVotes

Registered Active Voters 1688   0

Vote Center Ballots Cast 0 258 88 346

Absentee 333 0 0 333

Provisionals 0 0 0 0

Total Voters 1688 333 258 88 679

DEMOCRATIC PRESIDENT

BERNIE SANDERS 9 4 2 15

JOSEPH R. BIDEN 41 10 3 54

REPRESENTATIVE FOR STATE SENATOR

MIKE ROUNDS 190 134 63 387

SCYLLER J. BORGIUM 37 35 17 89

REPRESENTATIVE FOR US REPRESENTATIVE  

LIZ MARTY MAY 30 46 25 101

DUSTY JOHNSON 197 120 55 372

STATE SENATOR DISTRIC 23

BRYAN J. BREITLING 109 69 28 206

LARRY NIELSON 102 78 49 229

STATE REPRESENTATIVE DISTRICT 23

KEVIN E. WATTS 28 16 7 51

SPENCER GOSCH 173 113 60 346

CHARLIE HOFFMAN 158 93 53 304

JAMES D WANGSNESS 54 42 8 104

COUNTY COMMISSIONER – 5

PATRICK W. EVERSON 29 40 1 70

KAREN S. DOERR 25 33 0 58

OFFICER REPORT

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

AUDITORS ACCOUNT WITH THE 

TREASURER AS OF 4/30/2020

Cash Items $772.89 

Credit/Debit Cards $-   

NSF RETURN

Checks on Hand $173,157.26 

Great Western $3,496.43 

Plains Commerce Checking $2,996.92 

Plains Commerce Fund Investments $800,000.00 

Plains Commerce Bank $5,042,897.09 

TOTAL CASH BALANCE $6,023,320.59 

Total Assets in Custody of County as of 4/30/2020

County Amount $3,082,116.77 

Amounts Held For Other Gov $3,593.41 

Amounts Held For Others $2,937,610.41 

TOTAL ASSETS $6,023,320.59 

OFFICER REPORT

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

AUDITORS ACCOUNT WITH THE 

TREASURER AS OF 5/31/2020

Cash Items $1,989.83 

Credit/Debit Cards $-   

NSF RETURN    

Checks on Hand  $6,185.50 

Great Western $245,944.16 

Plains Commerce Checking $1,630.97 

Plains Commerce Fund Investments $800,000.00 

Plains Commerce Bank $3,770,176.44

TOTAL CASH BALANCE $4,825,926.90

Total Assets in Custody of County as of 5/31/2020

County Amount $3,032,935.03 

Amounts Held For Other Gov $3,593.41 

Amounts Held For Others $1,789,398.46 

TOTAL ASSETS $4,825,926.90

STATES ATTORNEY CRAIG SMITH

States Attorney presented a letter to be sent to GFP regarding the road to West Whitlock.

Discussion of the work being done on Whitlock Road.  Pictures will be sent to Supt Long of what the culvert looked like before and after the repair.  

States Attorney Smith discussed the bidding letter received from Infra-Track.  

RESOLUTION REGARDING 

WHITLOCK ROAD

Moved by Hagny, seconded by Iverson to approve the Resolution Regarding Whitlock Road.  All voted aye.  Motion carried.

RESOLUTION REGARDING 

WHITLOCK ROAD

WHEREAS, Whitlock Road is the only road that provides public access to West Whitlock Recreation Area, West Whitlock Resort, and the state of South Dakota’s only Salmon Spawning Station;

WHEREAS, Whitlock Road plays a crucial role in facilitating the use of West Whitlock Recreation Area, West Whitlock Resort, and the Salmon Spawning Station; all of which contribute scenic, historical, and recreational value to citizens and visitors of the Potter County and the State of South Dakota;

WHEREAS, West Whitlock Recreation Area and West Whitlock Resort and are a point of local economic stimulus as well as contributed approximately $156,211 in 2019 yearly revenue to the South Dakota Department of Game, Fish, and Parks from park entrance and camping fees;

WHEREAS, multiple years of consistent rainfall and saturation have caused deterioration of county roads to the point where the County budget cannot fund the maintenance or repair of all dangerous conditions causing roads to be abandoned or blocked by the County;

WHEREAS, nine culverts on Whitlock Road are in varying degrees of failure, threatening that with the next heavy rain event the road will wash out and the topography of the area provides no alternate route of vehicle access to the area, which will cause public access to the area to cease; 

WHEREAS, immediate action has been recommended by an engineer; and

WHEREAS, the Potter County Board of County Commissioners have authority to take action in the form of: (1) closing the Whitlock Road until repairs can be made, (2) permanently abandoning the Whitlock Road, or (3) forwarding funds from next year’s budget to immediately repair Whitlock Road. Each option carries the burden of harming the public by restricting public access to the Missouri River or neglecting other necessary road projects.

BE IT RESOLVED, that in recognition that it is a more cost-effective use of public money to repair a road than to entirely restructure a road, the Potter County Board of County Commissioners advanced $347,380 to immediately repair the culverts on West Whitlock Road before total failure occurred and the road washed out. 

BE IT FURTHER RESOLVED, that in recognition of the consistent use of Whitlock Road by visitors traveling to and from West Whitlock Recreation Area, a state-operated Recreation Area, the Board of County Commissioners, through Highway Superintendent JD Long, contacted  the South Dakota Department of Game, Fish and Parks to request state assistance in maintaining public access to the area.  SDGFP denied the request for financial assistance within one day.

BE IT FURTHER RESOLVED, that the Potter County Board of Commissioners continue to request financial assistance from the South Dakota Department of Game, Fish and Parks in light of the fact that the SDGFP has previously entered into cost-sharing agreements with Potter County to maintain and improve the surface of Whitlock Road.

Dated this 4th day of June, 2020.

Jesse Zweber

Chairman of the 

Board of Commissioners

Attest:

Shawna Shaw

Potter County Auditor

States Attorney Smith discussed culverts on section lines.

Moved by Frost, seconded by Everson to approve the Resolution Regarding Replacement of Existing County Culverts.  All voted aye.  Motion carried.  

RESOLUTION REGARDING REPLACEMENT OF EXISTING COUNTY CULVERTS

WHEREAS, in the past the County installed culverts on certain section lines to assist in drainage;

WHEREAS, the County has no obligation to maintain section lines that are not legal roads to be kept and maintained by the County.

BE IT RESOLVED:

1. The County, in lieu of removing the culverts, shall provide any requesting landowner a replacement culvert if the landowner meets the criteria set forth below and the adjoining landowner(s) agree to install and maintain the new culvert;

2. The criteria to participate include: (a) that the existing culvert must have been installed by the County, (b) the existing culvert must be located on a section line, and (c) there is no other reasonable access by other section lines to the property; and

3. The County Highway Superintendent shall determine the size of the culvert provided by the County and confirm the new culvert installation is completed in the designated area on the section line.

BE IT FURTHER RESOLVED, the County shall have no future obligation for removal, upkeep, or repair regarding the installation and maintenance of the culvert.

Dated this 4th day of June, 2020

Jesse Zweber

Chairman of the Potter County 

Board of Commissioners

Attest:

Shawna Shaw

Potter County Auditor

States attorney discussed the Memorandum the extension office.

COVID

States Attorney Smith discussed covid, opening up of the courthouse and obligations to the employees.  

LILY CRONIN, INTERN FOR 

STATES ATTORNEY SMITH

Cronin discussed bidding laws.  Service and supplies bidding during the course of a year has to be bid if over $25,000.  Public improvement bids will change July 1st with bids over $100,000.  

Hagny discussed secondary road maps and commissioners driving the roads to see if the maps are marked correctly.

Discussion of Potter County roads being closed and updated on the SDDOT for emergency vehicles.

Discussion of suicide road and the county possibly abandoning it.  Supt Long will get descriptions of the bridges.  

Hagny discussed the road going to Monty Cronin corrals and in the past gravel and maintenance has been provided.  Prior to any county maintenance the commissioners will need to determine if this is a public road.     

Discussion of GFP dock roads being bladed at Potts Dam and Lake Hurley.  Agreement with GFP expired in 2019.  States Attorney Smith will contact GFP on this.  GFP pays the county $3000 a year to keep the roads bladed.  

HAMBURGER PLAT

Smith discussed the Plat and no change in access with no change to the County.

Moved by Frost, seconded by Hagny to approve Hamburger Plat.  All voted aye.

“Be it resolved by Potter County Board of Commissioners that the Plat of Lot 1 & Lot 2, Hamburger Addition to Potter County, located in the W1/2 NE ¼, Section 25, T117N, R73W, 5th P.M., Potter County, South Dakota having been examined, is hereby approved in accordance with the provisions of SDCL, Chapter 11-3, and any amendments thereof”

OPENING COURTHOUSE

Moved by Hagny, seconded by Frost to open the courthouse back up.  All voted aye.  Motion carried.

DOE-ADAM ROSELAND

DOE Roseland discussed OHE, Office of Hearing Examiners, appointment for Deb Karpen July 1st, 2020 and will be teleconference.

DOE Roseland discussed SD Legislator changing the resolution for counties discretionary formula.  A new resolution will be addressed at the July meeting.  

DOE Roseland will be at National Guards July 15 through August 1st.

DOE deputy Kelly Osier will be starting June 8th, 2020.

DOE schooling is in October that Roseland and Osier will be attending.

Discussion of mining and MSHAW and hauling gravel.

HIGHWAY

RDO – Jerry Meyers presented information on motor-graders.  Potter County is due for a new one in 2021.

C&B OPERATION – Ben Wieseler

Wieseler discussed rental on the mowing tractors for the county.  

Moved by Frost, seconded to accept tractor rental agreement for 2020 from C&B Operation at $20.00 per hour.  All voted aye.  Motion carried.

Supt Long will advertise for a motor-grader 2021 and present bids at the July 7th meeting.  Bid specs may be obtained from Supt Long.

FUEL BIDS

NPC 1.09. Hoven 1.12 Agtegra 1.13. Moved by Iverson, seconded by Frost to accept NPC bid of $1.09.  All voted aye.  Motion carried.

Frost discussed a phone call received from Sam Goebel on Goebel Gravel.  The county cannot pull gravel out of the pit until the other customers have their gravel out.

Discussion of when work will be done on the airport road.  

Discussion of mowing starting in a couple weeks and we will have 4 mowers at one time.

Moved by Frost, seconded by Iverson for Supt Long to advertise for part-time highway maintenance mowing.  All voted aye.

Discussion of box scraper.  

Discussion of road out at the river sliding.

SHERIFF

Sheriff Hamburger presented the monthly report.  

Sheriff is having roads checks to see what are closed or unsafe for emergency vehicles.  

VIDEO CAMERA

Moved by Hagny, seconded by Iverson to purchase new video camera for sheriff’s vehicle, $3790.  All voted aye.   Motion carried.  

JAIL

June 12th jail meeting in Glenham.  Discussion of the yearly payment of $30,510.89 per year for 15 years for a new jail.

EMERGENCY MANAGEMENT

PDM plan has not been finalized.

HSMAT plan is still in progress.  Last update was 2007.

EXECUTIVE SESSION

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

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

EXTENSION OFFICE 

JEAN SENYAK

Senyak discussed Potter County Driver’s license.  Travel sites are planning on opening on June 15th.  Driver’s license can be by appointment only.  

Discussion of 4H.  There will be no face to face contact until July 1st. 

A new 4H advisor has been hired.  Unsure starting date. 

LIBRARY BARB VANDERVORST

Vandervorst discussed the Summer Reading Program.  There are 84 youth are signed up.  

Vandervorst applied and received a $2000 grant for 2 laptop computers.

Vandervorst presented a proposal from the Library Board to open the library.

Moved by Hagny, second Everson to surplus Samsung SCX-5935FN old printer/scanner for disposal.  All voted aye.  Motion carried.

EXECUTIVE SESSION

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

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

CLAIMS

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

May payroll: COMM $3,846.10, AUD 3,842.56, TREAS 6106.36, ST ATTN 4,965.98, GOVT 1,340.00, DOE 11,023.06, ROD 6,103.16, VA 576.94, SHERIFF 9,751.41, LIBRARY 4,179.44, EXTENSION 1,337.00, R&B 46,534.27, 

FEMA 553.84, AFLAC 1,251.58; BCBS 17,074.68; DEARBORN 289.60; INVESCO 25.00; SDRS 8,318.34; AMERITAS 272.64; GW BANK 23,753.766; COLONIAL BANK 631.00, SDRS 3,020.00, ACCOUNTS MANAGEMENT 250.00, DEPT OF REV 76,347.26, DEPT OF REV 59.00, PC FAIRBOARD 1,400.00, SDACO 121.00, USPS 60.00, FROST 67.20, ZWEBER 126.00, 

GREAT WESTERN 898.51, GREAT WESTERN 88.00, MDU 35.12, VENTURE 162.63, JUDICIAL 848.32, 212 MINI MALL 50.00, A & B BUSINESS, INC. 3,509.60, AGTEGRA COOPERATIVE 2225.76 TRAVEL & CONF., SYNCB/AMAZON 818.99, AMERICAN SOLUTIONS 726.98, AMERICAN LEGION 325.00, AT&T MOBILITY 89.12, 

AVERA OCCUPATIONAL MEDICINE 92.55 SERVICES & FEES, B & R TRUCK REPAIR 2,210.70 SUPPLIES, B&M BODY REPAIR 290.00, BALCO UNIFORMS 118.00, BIERSCHBACH EQUIPMENT & SUPPLY 9,375.00 SUPPLIES, BILL FROST 900.00 REPAIRS/MAINT., BOBS RESORT, INC 144.10 TRAVEL & CONF., 

BROWNLEE CONST, INC 12,233.62 SUPPLIES, BUTLER MACHINERY CO. 8,362.22 SUPPLIES, CHS 8,793.10 TRAVEL & CONF., CITY OF GETTYSBURG 89.65, CITY OF HOVEN 67.76 UTILITIES, CITY OF MOBRIDGE 2,449.16, MARY COMBELLICK 206.00, CONNECTING POINT COMPUTER CNTR 1690.00, 

CONVERGINT TECHNOLOGIES LLC 303.48, DAKOTA SUNSET MUSEUM 3,301.77, DAKOTA SUPPLY 290.79 SUPPLIES, DAKOTA FARM & RANCH SUPPLY 4.59, DEAN’S REPAIR 91.35 REPAIRS/MAINT., KARI DECKER 189.00, DECKER REPAIR & WELDING 1,371.80 REPAIRS/MAINT., DEPARTMENT OF REVENUE 750.00, 

DEPARTMENT OF TRANSPORTATION 2,884.37 REPAIRS/MAINT., EQUIPMENT BLADES INC 448.00 REPAIRS/MAINT., ELECTION SYSTEMS & SOFTWARE 831.46, FEDEX 13.92, BRENDA FROST 249.20, GETTYSBURG COLLISION CENTER 125.00 REPAIRS/MAINT., GLORIA DUENWALD 189.56, GREAT WESTERN TIRE, INC. 2,265.70 REPAIRS/MAINT., 

PEGGY HAGEMAN 203.00, BETH HAMBURGER 229.60, HAYLEY LEIBEL 65.00, HOVEN COOP SERVICE 9,392.82 UTILITIES, HOVEN LEGION 100.00, HOVEN MEDIA, INC. 834.42, THE HOVEN REVIEW 37.00, J&J REPAIR & BODY WORKS 176.90 REPAIRS/MAINT., JOHN DEER 461.85 REPAIRS/MAINT., JOY’S GREENHOUSE 40.40, 

LINDA KAUP 243.32, KENNEDY PIER LOFTUS & REYNOLDS 176.10, KONRAD LAW PROF. L.L.C 315.25, PAT LAFURGE 224.00, JILL LANGER 224.00, LANGER’S FAMILY FOODS 100.90, LEWIS & CLARK BEHAVIORAL 178.00, MCLEOD’S OFFICE SUPPLIES 638.14, MONTANA DAKOTA UTILITIES 1,611.47, MIDAMERICA BOOKS 231.40, 

MIDWAY PARTS 368.47 SUPPLIES, MIDWAY PARTS, INC. 21.52, MIDWEST OIL COMPANY 600.00 SUPPLIES, MONTANA DAKOTA UTILITIES 708.97 UTILITIES, NATIONAL SHERIFFS ASS 65.00, NEW CREATIONS 24.50, OAHE PEST ELIMINATION 57.50, OUTDOOR LIFE 24.97, PHEASANTLAND INDUSTRIES 106.37, 

POTTER COUNTY TREASURER 322.85, POTTER COUNTY NEWS 975.33, RDO EQUIPMENT CO 1,682.78 REPAIRS/MAINT., REDWOOD TOXICOLOGY LAB INC 204.56, RENEE KIRBY 203.00, SANDRA HAGNY 57.50, SCHLACHTER LUMBER 869.89 SUPPLIES, SDACC 2,217.00, SERVALL 226.20, SERVALL UNIFORM & LINEN SUPPLY 204.10 SUPPLIES, 

SHAWNA SHAW 168.81, MARALEE SHOUP 210.00, CRAIG SMITH 441.40, STAN’S 783.33 SUPPLIES, THE LIBRARY STORE 579.64, TRUE VALUE HARDWARE 60.36 SUPPLIES, US POSTAL SERVICE 22.85, VAN DIEST SUPPLY COMPNAY 7,625.00 SUPPLIES, VENTURE COMMUNICATIONS IN 162.82 UTILITIES, 

VERIZON WIRELESS 176.92 UTILITIES, VILAS PHARMACY 56.97 , US BANK VOYAGER FLEET SYS INC 649.28, WALWORTH COUNTY TREASURER 95.00, DELORES WICKERSHAM 203.00, YANKTON COUNTY TREASURER 122.50, JESSE ZWEBER 63.00 , ZWEBER BILL 600.00 SUPPLIES, DONNA ZWEBER 226.00.

MEMORANDUM OF 

UNDERSTANDING BETWEEN 

SDSU EXTENSION AND COUNTIES 

OF SOUTH DAKOTA 2020

Moved by Hagny for Chairman Zweber to sign the memorandum.  Seconded by Everson.  All voted aye.  Motion carried.

EXECUTIVE SESSION

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

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

ADJOURN

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

JESSE ZWEBER, CHAIRMAN

POTTER COUNTY BOARD 

OF COMMISSIONERS

ATTEST: 

SHAWNA SHAW, AUDITOR

Published once at the total approximate cost of $

-061120

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