Board of County Commissioners held regular meeting May 7

POTTER COUNTY BOARD 

OF COMMISSIONERS

MINUTES

MAY 7TH, 2019

The regular meeting was called to order at 1:00 p.m. by Second-Chairman Zweber.  Commissioners present: Hagny, Everson & Iverson.  Absent: Frost

Moved by Hagny, seconded by Iverson to approve April 2nd minutes.  All voted aye.  Motion carried.

Moved by Everson to approve April 9th minutes.  Seconded by Iverson.  All voted aye.  Motion carried.

OFFICER’S REPORT FOR APRIL

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 4/30/2019

Cash Items $1,243.46 

Credit Cards $555.67 

Checks on Hand  $260,262.11

Great Western $9,074.00 

Plains Commerce Checking  

$2,620.86 

Plains Commerce Fund Investments  

$500,000.00 

Plains Commerce Bank  

$5,757,298.64 

TOTAL CASH BALANCE  

$6,531,054.74 

Total Assets in Custody of County as of 4/30/2019

County Amount $3,992,318.42 

Amounts Held for Other Gov

$3,189.72 

Amounts Held for Others

$2,535,546.60 

TOTAL ASSETS $6,531,054.74 

UNIFORM ALCOHOLIC BEVERAGE 

LICENSE APPLICATIONS

Moved by Hagny, seconded by Everson to approve the renewal of the following applications for Malt Beverage and SD Farm Wine licenses.  All voted aye.  Motion carried.

Bob’s Resort, Inc., Forest City Outdoors LLC, & West Whitlock Resort.

Deputy Auditor Gordon resigned effective May 8th.

STATES ATTORNEY CRAIG SMITH

Last commissioner meeting States Attorney Smith was given some pictures of erosion in a ditch east of town.  Statue states that if there is erosion in the ditch, the Conservation District must declare it’s a nuisance.  If declared a nuisance, then the county may take action and the cost of removal can be assessed to the landowner.

CAMWAL

States Attorney Smith discussed a letter sent to the auditor from Von Wald Law Office, for an application for franchise.  Notice of hearing will be published.  

OPT OUT

States Attorney discussed the secondary road opt.  This should be on the June agenda.  This needs to be completed by July 1st with advertisement and possible election.

States Attorney Smith discussed a notice that was presented from Lincoln and Minnehaha County on mental health procedures. 

POOR LIENS

States Attorney Smith discussed 3 pending hospital claims for reimbursement. In the past we have used Sarah Peterson, out of Watertown, to review claims. To determine if a person is indigent there is certain criteria to look at. States Attorney Smith asked for Sarah Peterson to be reimbursed for these costs.  

Moved by Hagny, seconded by Iverson to reimburse Sarah Peterson.  All voted aye.  Motion carried.

DOE – ANGELIA HILES

DOE Hiles presented resident sales and assessment values to the commissioners.

DOE Hiles discussed reassessment of the county. This has not been done in 10-15 years. Discussion on hiring VanGuard to come and reassess the county. Discussion on hiring another assessor or two to help with assessing the county. DOE Hiles stated that it could be 5 years before VanGuard could come and reassess the county.  

DOE Hiles stated if we hire VanGuard to do the assessing, if we have any appeals VanGuard would be the responsible party and not the DOE.  

Discussion on having VanGuard as a program for the DOE.  DOE will see if VanGuard can come to the next commissioners meeting.  

ABATEMENTS

Bob Smith and Frank Smith met with the commissioners and presented an abatement.  Reason: Improvements on any real property were considered or included in the valuation of the real property, which did not exist on the real property at the time fixed by law for making the assessment.

Moved by Hagny, seconded by Iverson to approve the abatement/refund.  All voted aye.  Motion carried. 

Eric Ellwanger met with the commissioners and presented an abatement.  Reason: An error has been made in any identifying entry or description of the real property, in entering the valuation of the real property or in the extension of the tax, to the injury of the complaint.  Abatement was presented to the City Council Monday May 6th and approved.

Moved by Hagny based on the error on 600 square ft to reduce the taxes.  Seconded by Everson.  All voted aye.  Motion carried. 

Auditor Shaw presented an application for abatement for Ralph Hanson.  This will be tabled until the June meeting.  

NECOG CONTRACT MITIGATION 

– JENNIFER SIETSEMA

Jennifer Sietsema from NECOG met with the County Commission to discuss the required 5-year update to the County’s natural hazard mitigation plan and to present the contract for NECOG services. Sietsema discussed the purpose and benefits of mitigation planning, and the importance of identifying areas that are vulnerable to natural hazards such as winter storms, summer storms, drought, wildfire, ice storms, tornados, flooding, and extreme winds.  NECOG encouraged public participation in the mitigation plan update and advised of the resolution of adoption and in-kind match required to meet the grant requirements for the Hazard Mitigation Grant Program.  Anyone interested in participating in the process is encouraged to contact the County Emergency Manager.”

HIGHWAY 

Supt Long discussed a bid from AGE on damage done on roads.  There was a Declaration of Disaster declared last month.

POTTER COUNTY FSA

Kay Schmidt, county executive director, met with the commissioner and discussed a conference call with NRCS.  There are other programs to help with the county with the flooding issues.  

SCALE

Discussion on scale for the new Volvo Loader.  Moved by Everson, seconded by Iverson to buy a scale for the loader for $10,758.00.  All voted aye.  Motion carried.

Supt Long presented pamphlets, that were given to him from Hagny, for different grants on road repairs for main streets.  Hagny suggested blacktop for Lebanon’s main street.

Supt Long presented cost for continued warranty on motor graders.

Supt Long discussed crack sealing for West Whitlock road.  Supt Long will come up with an estimate.

Supt Long suggested we hire a gravel hauling company to haul gravel to the west side of Potter County.

Supt Long discussed chip sealing.  We have had Edmunds County hired in the past.  Supt Long mentioned different roads to be chip sealed.  Dean VanDeWiele stated they have Jensen Rock and Sand doing work east of Gettysburg this year.  

ADVERTISING AD FOR 

HIGHWAY MAINTENANCE

Moved by Everson, seconded by Iverson to advertise for highway maintenance personal.   All voted aye.   Motion carried.

Supt Long returned a water pump to AGE.

Supt Long discussed the West Nile Grant.  Between Supt Long and Auditor Shaw the grant will be filled out.  

SDDOT – DEAN VANDEWIELE 

VanDeWiele met with the commissioners to discuss Restoration of Detour.    

BRIDGE INSPECTION 

RESOLUTION

Moved by Iverson, seconded by Hagny for Vice-Chairman Zweber to sign the Bridge Inspection Resolution.  All voted aye.  motion carried.  

Supt Long discussed suicide road and closing the road.  The 2nd bridge on that road is washed out.  

Supt Long discussed Dale Nauman road.  The county has maintained this road.  This road is not on any of our maps.  States recommends to add this to our roads.  States Attorney Smith stated we should have a discussion in June on our roads.  This will be tabled in June.

SHERIFF

Sheriff Hamburger presented the monthly report.

Sheriff Hamburger discussed deputy sheriff’s hours.  Sheriff Hamburger would like to see the deputy sheriff receive a salary instead of an hourly wage.  

Sheriff Hamburger met with the City of Hoven and Town of Lebanon on sharing the cost of gas used for the deputy sheriff’s pickup.  April and May average cost was $530.00.  Sheriff Hamburger discussed if reimbursement may be returned to the Sheriff’s account instead of the general account.  

EMERGENCY MANAGEMENT – 

CHERYL SAUTNER

Emergency manager Sautner discussed the Declaration of Disaster paperwork has been turned into FEMA for the winter storm this spring.  

EM Sautner discussed a letter that was sent out from the Department of Public Safety.  The letter stated that a SLA item was not completed according to established deadlines.  EM Sautner did protest the letter as she had the work plan sent in on time.  EM Sautner said the County will not be losing its funding.  

EM Sautner discussed if Potter County should have a Mutual Agreement between counties. This agreement would share man power and equipment if there was a disaster in another county. States Attorney Smith discussed statues on an agreement and it can be oral or a written agreement. EM Sautner will discuss the mutual agreement with regional manager Patti Pudwill.

EM Sautner stated that there has been no update on the EMPG.

EXECUTIVE SESSION

Moved by Everson to move into executive session for legal purposes.  Seconded by Iverson.  All voted aye.  Motion carried. 

Moved by Iverson to move out of executive session for legal purposes.  Seconded by Everson.  All voted aye.  Motion carried.  

GROW SD – MAUREEN NELSON

Nelson met with the commissioners and thanked them for their support.  Grow South Dakota helps with housing loans, weatherization, emergency services, and sales for Governor’s houses.  The funds that Potter County gives to Grow South Dakota comes back to help Potter County.  

JOAN POWELL

Joan Powell met with commissioners to reiterate her concern of the lawsuit going on.  She would like to be notified of any meetings that would be on the lawsuit, so she may respond in an appropriate manner.  Powell also asked the commissioners if they received the  Writ of Mandamus materials that were sent to the auditor’s office.  States Attorney Smith objected to Powell’s request stating that Jack Heibe is the counties attorney.  Attorney Heibe will provide any information to the county commissioner as needed. 

CLAIMS

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

April Payroll Comm 3846018, St Attn 4,842.80, ROD 4,964.96, Lib 6,060.61, R&B 539,821.12, Aud 3,481.18, VA 576.94, Ext 884.50, FEMA 553.84, Treas 5,863.08 DOE 3,973.95, Sheriff 13,499.12, Jan 1,200.00, Aflac 1,085.46, BCBS 20,690.58, SDRS 8,192.68, DEARBORN 210.94, Invesco 25.00, SDRS 3,020.00, Ameritas 241.40, GW Bank 20,976.43, Colonial Life 480.38, 

KAYLEIS $54.59, MDU 1336023, MDU 1201.65, SD STATE HISTORICAL SOCIETY 3190.00, SDACO 77.00, STANS 1265.78, TRUE VALUE 31.99, VERIZON 54.43, VERIZON 163.29, US VOYAGER 906.89, JESSE ZWEBER 36.96,

A&B BUSINESS INC 899.63, AGTEGRA COOPERATIVE 13,213.16, SYNB/AMAZON 1,882.31, AMERICAN SOLUTIONS 259.79, AMY WAGER 52.92, ASSN OF SD COUNTY WEED & PEST 150.00, AVERA GETTYSBURG HOSPITAL 45.00, B&R TRUCK REPAIR 17,702.16, BANK OF THE WEST 50.25, BEST WESTERN KELLY INN 228.00, BIG STATE INDUSTRIAL SUPPLY 394.80, 

BUTLER MACHINERY 3,448.48, CAPITAL AREA COUNSELING SERVICE 350.00, CENGAGE LEARNING 32.38, CENTER POINT LARGE PRINT 127.62, CITY OF GETTYSBURG 24.55, CITY OF GETTYSBURG 67.55, CITY OF HOVEN 67.76, CITY OF MOBRIDGE 2,491.77, CLUBHOUSE HOTEL & SUITES 141.00,

DAKOTA SUNSET MUSEUM 3,208.72, DAKOTA FARM AND RANCH SUPPLY 2,172.39, DECKER REPAIR AND WELDING 96.00, DEPARTMENT OF REVENUE 21.60, EXECUTIVE MGMT. FINANCE OFFICE 9.12, GALLS 1,019.94, GAS N GOODIES 101.28, GREAT WESTERN TIRE 5,693.34, ANGELIA HILES 389.24, HOVEN CO-OP 306.30, HOVEN CO-OP 18,221.95,

HOVEN MEDIA 421.83, HUB INTERNATIONAL 874.00, INLAND TRUCK PARTS, CO 309.60, JC SUPPLY PRODUCTS 542.95, JOHN DEERE FINANCIAL 216.40, LORI KAISER 69.80, KATIE J THOMPSON 1,985.76, KAYLEI’S LIQUOR STORE & MORE 27.15, CONNIE KIERNAN 48.32, LANGER’S FAMILY FOODS 46.93,

LEBANON LEGION HALL 80.00, LEMLER’S RANCHES 9.60, LOGAN ELECTRIC 12,550.00, MARTY’S REPAIR SERVICE LLC 90.00, MCKISSOCK DISTANCE EDUCATION 199.99, MONTANA DAKOTA UTLITITES 681.41, MIDWAY PARTS 473.25, MONTANA DAKOTA UTLITIES 520.79, NEW CREATIONS 41.02, NUSS TRUCK & EQUIPMENT 233,353.75, 

OAHE PEST ELIMINATION 57.50, POTTER COUNTY NEWS 286.60, POTTER COUNTY NEWS 479.99, RADIO ACCOUNTING SERVICE 149.00, RDO EQUIPMENT CO 3,238.30 SCHLACHTER LUMBER 115.47, SDACC 75.00, SDACO 525.00, SERVALL 232.86, SERVALL 390.26, SHAWNA SHAW 157.50, CRAIG SMITH 980.55, STAN’S 1,579.27, 

SUBSCRIBER SERVICES 118.26, THE LODGE AT DEADWOOD 243.00, THE SCHREIBER LAW FIRM 187.25, TRUE VALUE HARDWARE 61.55, VAN DIEST SUPPLY COMPANY 4,232.40, VENTURE COMMUNICATIONS 161.43, VENTURE COMMUNICATIONS 936.39, VERIZON WIRELESS 87.93, VERIZON WIRELESS 29.31, US BANK VOYAGER FLEET SYS INC 1,019.12, JESSE ZWEBER 36.96.

Kay Schmidt stated that if there is anything that FSA could help with Grow SD, they can contact her. 

Auditor Shaw stated that Eric from Allied out of Aberdeen, looked at the boiler for the blowout and sweep.  He will give us an estimate.   

FAIR BOARD 

Mike Jager, Jerry Hawkinson, & Cari Rausch attended the commissioners meeting for the discussion of the Fairboard officers.  States Attorney Smith asked if there has been an attempt to have a Fairboard leaders meeting.  Jager said that Dale Nauman has been contacted about having meetings but none have been set up.  States Attorney Smith asked if there are any bylaws.  Jerry Hawkinson stated there are bylaws but he doesn’t know where they are at.  There was discussion on the bullarama, bouncy house, and derby and if they have been contracted out for the fair.  If there is not a county fair this year, achievement days would go on.  States Attorney Smith stated to give notice in the paper to have a meeting to appoint officers to the Fairboard.     

ALCOHOL LICENSE FOR SOUTH 

WHITLOCK RESORT, LLC

Moved by Hagny, seconded by Everson to approve the application for Malt Beverage and SD Farm Wine license for South Whitlock Resort, LLC.  All voted aye.  Motion carried.

ADJOURN

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

JESSE ZWEBER, VICE-CHAIRMAN

POTTER COUNTY BOARD 

OF COMMISSIONERS

ATTEST:

SHAWNA SHAW

AUDITOR

Published once at the total approximate cost of $163.74

-051619

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