COMMISSIONER’S PROCEEDINGS

REGULAR SESSION

April 11, 2017

The Lyman County Commissioners met in regular session in the Conference Room in the Courthouse at Kennebec, South Dakota, April 11, 2017, at 9:00 a.m. with the following members present: Chairman Steve Perry, Kim Halverson, Ryan Huffman, Gary Diehm, Bill Lengkeek and Auditor Pam Michalek. Treasurer Carol J. Sundall was also present.

CALL TO ORDER:

Chairman Perry called the meeting to order with the pledge to the flag.

APPROVE MINUTES:

Motion by Halverson, seconded by Lengkeek to approve the minutes of March 21, 2017. All voting aye.

APPROVE BILLS:

Motion by Huffman, seconded by Diehm to pay the following bills. All voting aye.

Commissioners Salary / 6,329.47
Auditors Salary / 7,947.36
Treasurers Salary / 7,993.81
States Attorney Salary / 4,081.77
Courthouse Salary / 3,544.25
Director of Equalization Salary / 4,489.55
Register of Deeds Salary / 6,576.38
Veterans Service Office Salary / 335.70
Sheriffs Salary / 20,282.68
Nurse & WIC Salary / 1,976.97
Extension Salary / 1,886.40
Weed Salary / 568.25
R&B Construction Salary / 26,360.52
R&B Administration Salary / 5,345.38
Emergency Management Service Salary / 2,049.30
Total March 2017 Salary / $99,767.79
A-Ox Welding Supply - RB supplies / 1,018.95
Avera Occupational Medicine - RB random drug testing / 71.40
Borah, Cathy - 2017 Employer GAP / 1,163.73
Brule County Auditor - Prisoner board / 3,520.00
Butler Machinery Co. - RB repairs / 434.33
Cardmember Service - Sheriff travel / 53.74
Chamberlain TrueValue - Courthouse supplies / 82.73
Chamberlain Variety Inc. - DOE supplies / 27.99
States Attorney supplies / 45.00
Comp, William - 2017 Employer GAP / 20.51
Connecting Point - Network backup renewal & off site backup / 215.00
DakotAbilities - 2nd qtr. poor / 180.00
Dakotaland Feeds LLC - RB supplies / 349.10
DataSpec Inc. - VSO supplies / 399.00
DMC Wear Parts LLC - RB supplies / 1,670.20
Farmers Union Oil co. - RB fuel / 9,830.24
RB prepay propane / 5,168.53
RB repairs & parts / 121.90
Sheriff travel / 754.31
First Gold Hotel - RB administration travel / 92.00
Guardrail Enterprises Inc. - RB guardrail CO Rd 27 / 5,750.00
Halvorson Oil - RB tires / 330.00
Sheriff travel / 80.00
Hot Rod's Steakhouse - Juror expense / 87.88
Johnson Pochop & Bartling - Court appointed attorney fees / 1,504.34
Kennebec Telephone Co. - RB Shop telephone / 42.57
Courthouse fax line expense / 40.57
DOE telephone & DSL expense / 122.93
Ext telephone & DSL expense / 55.55
VSO telephone & DSL expense / 58.88
Auditor telephone & DSL expense / 58.82
RB Office telephone & DSL expense / 98.88
Sheriff telephone expense / 335.76
Auditor modem line expense / 40.57
States Attorney telephone & DSL expense / 53.31
Treasurer telephone & DSL expense / 65.56
ROD telephone expense / 53.31
Commissioner Room telephone expense / 45.57
911 telephone expense / 144.00
RB repairs / 167.83
HBR expense / 6,220.24
Kennebec Town - Courthouse utilities / 109.50
Lewis Family Drug, LLC - Prisoner medications / 47.97
Lyle Signs Inc. - RB signs / 1,275.79
Lyman County Herald - Commission publishing / 385.21
DOE publishing / 291.05
RB publishing / 53.10
Weed publishing / 75.43
Menards - RB supplies / 462.81
March 2017 Apportionment - Schools / 145,477.08
Cities / 15,996.26
Townships / 4,718.57
SC Water District / 133.25
WR/LJ Water District / 1,208.75
Vivian Sanitary District / 297.71
Lyman County Ambulance District / 5,491.31
Microfilm Imaging Systems Inc. - ROD supplies / 558.75
Nagel, Walter - 2017 Employee flex / 1,800.00
Office Products Center - Courthouse supplies / 126.35
Nurse supplies / 38.63
Sheriff supplies / 39.47
Paulsen, Jessica - Court reporter / 37.40
Pennington County Jail - Prisoner transport / 70.50
Presho General Store - Sheriff travel / 52.82
Rod's Welding Inc. - RB parts / 174.90
R&J Gravel - RB gravel / 249.03
ScottE Enterprises LLC - RB supplies / 58.19
SD Achieve - 1st qtr. poor / 180.00
SD Attorney General - 24/7 scram fees / 720.00
SD Attorney General - 24/7 state participation fee / 30.00
SD Dept. of Revenue - March collections - SMV / 22,915.69
State Highway Patrol / 523.00
Driver’s License / 672.00
. 4% / 25,971.95
ROD / 90.00
Blood alcohol tests / 440.00
Health Nurse - 2nd qtr. / 1,030.00
SD Sec. of State - Pistol permits (4) / 28.00
SDACC - 1st & 2nd qtr. CLERP / 2,497.24
SDACC - CCPR fund / 281.00
SDACO - March ROD M&P funds / 106.00
Servall Uniform & Linen - Courthouse supplies / 81.28
Shields Embroidery & Design - RB supplies / 528.42
Tieszen Law Office, Prof. LLC - Court appointed attorney fees / 2,592.27
TrueNorth Steel - HBR expense / 9,021.03
RB parts / 2,632.00
West Central Electric - Courthouse utilities / 2,339.54
Willrodt Motor Co. Inc. - RB repairs / 2,438.45
WW Tire - RB tire repair / 40.00
Total Bills / $294,962.93
Borah, Cathy - WIC meals / 77.00
Marsh, Lori - Courthouse mileage / 30.72
Nagel, Walt - RB administration mileage / 228.48
Sletto, Gary - VSO mileage / 57.60
Total Salary Reimbursements / $393.80

AUDITOR’S ACCOUNT & ROD FEE REPORT:

Motion by Lengkeek, seconded by Diehm to approve the following March 2017 reports. All voting aye.

AUDITOR’S ACCOUNT: Cash on hand: $9,642.54; Checks in Treasurer’s possession less than 3 days old: $8,435.84; BankWest Checking: $31,143.92; BankWest Savings: $2,464,577.23; 1st Dakota Bank CD’s: $108,275.82; Dakota Prairie CD’s: $656,058.37 for a total of $3,278,133.72. General Fund: $1,285,986.99; Special Revenue Funds: Road & Bridge Assigned: $1,220,283.33; Secondary Road Restricted: $161,651.76; Highway & Bridge Reserve Restricted: $204,428.48; 911 Fund: $505.54; Fire: $86,465.51; Emergency Management: $8,321.52; Domestic Abuse: $230.00; Dissolved Townships: $29,454.82; 24/7 Sobriety: $14,662.04; Register of Deeds M&P: $24,011.25; Trust & Agency Funds: $242,132.48. Of this amount the following entities received: State of SD: $51,642.64; School Districts: $145,477.08; Cities & Towns: $15,996.26; Townships: $4,718.57; SC Water District: $133.25; WR/LJ Water District: $1,208.75; Vivian San. District: $297.71; Lyman County Ambulance District: $5,491.31 for a total of $224,965.57.

REG. OF DEEDS FEES: $2,785.00 less $106.00 sent to SDACO for the Reg. of Deeds Modernization & Preservation Fund.

TOWNSHIP BONDS:

Motion by Huffman, seconded by Halverson to approve the following township bonds. All voting aye.

Bailey – Sonia Schelske, Clerk & Treasurer; Iona – Linda Svoboda, Clerk & Lori Whitney, Treasurer; Oacoma – Brenda Reis, Treasurer; Pratt – Linda Perry, Clerk & Deb Mowry, Treasurer; Rex – Gerald Mohr, Clerk & Adella Mohr, Treasurer; Rose – Marlene Reuman, Clerk & Judy Busch, Treasurer; Vivian – James Smith, Clerk & Yvonne Huffman, Treasurer.

HOLIDAY ADMINISTRATIVE LEAVE:

Motion by Diehm, seconded by Halverson to grant employees administrative leave Good Friday, April 14. All voting aye.

HWY/WEED DEPT:

Supt. Walt Nagel, Interim Highway Office Manager Deb Halverson, Craig & Logan Reuman and States Attorney Smith (via teleconference) to discuss section lines. Information was exchanged and discussed with consensus to prepare a request for cooperation from Lyman County citizens in reference to section lines and highway right of ways. The prepared request will be reviewed by the Commission at the next regular meeting. Craig & Logan Reuman discussed vacating a section line and will meet with States Attorney Smith to discuss further. States Attorney Smith will inform the Commission of the procedure to relinquish ownership of cattle gates at a later date. Interim HOM Halverson and Craig & Logan Reuman left the meeting.

Motion by Huffman, seconded by Diehm to advertise for a permanent half time Highway Office Manager. All voting aye.

Motion by Halverson, seconded by Diehm to advertise for two part time summer Highway Maintenance Workers. All voting aye.

Supt. Nagel informed the Commission of projects completed at Ft. Hale Bottom; discussed pulling shoulders and grading on several miles of roads; discussed possible purchase of two more mulchers and packer/rollers; discussed the condition of CO RD 22 and possible solutions.

ANNUAL BIDS: Motion by Halverson, seconded by Diehm to accept all of the following bids. All voting aye.

#1 / Scraper & Dozer
Kennebec Telephone Co.
Excavator / $154.50 per hour
RC England & Sons Const.
Scraper / Terex TS-14 Scraper 320HP / $175.00 per hour plus excise tax
Dozer / Cat D7F Dozer w/ripper180HP / $175.00 per hour plus excise tax
Excavator / CAT 320 CL 138HP / $160.00 per hour plus excise tax
R&J Gravel
Scraper / 9520 475HP 18 yard / $175.00 per hour
Dozer / 750 K John Deere 165 HP / $165.00 per hour
Excavator / 210G / $175.00 per hour
#2 / Bridge Work
Hollaway Bridge & Culvert Inc. / $402.50/$350.00 per hr. plus ex. & use tax
#3 / Crushed & Screened Gravel at Various Pits (Royalty Included)
Clodfelter Pit
Morris Inc. / 1" screened / $4.00 per ton
Gravel surfacing / $7.50 per ton
Base Coarse / $7.50 per ton
Reuer Pit
R&J Gravel / screened / $4.50 per ton
crushed / $5.50 per ton
Karlen Pit
Karlen Ranch / screened / $4.50 per ton
Halverson Pit
Benjamin Oldenkamp / screened / $6.25 per ton
Crow Creek Pit
Lloyd Priebe & Son's Const. / crushed / $6.50 per ton
Karlen Gravel Pile Area
Karlen Ranch / screened / $9.25 per ton
#4 / Gravel Hauling
Flat Creek Const. / $0.23 per ton mile
Hills Trucking / $0.25 per ton mile
Husman's / $0.26 per ton mile
Oldenkamp Trucking / $0.28 per ton mile
Kennebec Telephone Co. / $0.29 per ton mile
R&J Gravel / $0.29 per ton mile
#5 / Magnesium Chloride
Z&S Dust Control / $0.93 per gallon
#6 / Clay Binder
Karlen Gravel Pile Area
Karlen Ranch / $1.50 per ton

CASH TRANSFER:

Motion by Halverson, seconded by Huffman to transfer $2,000.00 from General Fund Unassigned Cash Balance to Domestic Abuse Assigned Fund Cash Balance. All voting aye.

EQUALIZATION:

Motion by Halverson, seconded by Diehm to adjourn as the Board of County Commissioners and convene as the Lyman County Board of Equalization. All voting aye. The Board signed member oaths.

Director of Equalization Joya Jelinek advised the Board there were no assessment appeals filed. One elderly freeze application, five tax exempt disabled veterans and/or widow exemptions, four renewable resource exemptions, four properties received discretionary tax formula and one new tax exempt application were received. According to DOE Jelinek the county has $4,780,476 non-factored growth. Notice was received from the Dept. of Revenue stating that the County is currently in violation of SDCL 10-6-33.8 on our non-ag properties. They grant us a one year grace period to create a strategy to raise the assessment level and if the 2018 assessment year fails to be at a median up to 85%, there will be action taken from the Dept. of Revenue. DOE Jelinek’s strategy to correct the violation is to reassess non-ag properties. There being no further equalization business, motion by Diehm, seconded by Lengkeek to adjourn the Board of Equalization and reconvene the Board of County Commissioners. All voting aye.

DOE EMPLOYEE:

Motion by Lengkeek, seconded by Halverson to approve hiring Mary Lawrie as DOE Clerk/Assistant Field Appraiser beginning April 17, 2017, with annual salary of $28,600.00 (less $60.00 per month for 6 month probationary period) and full benefits. All voting aye.

DOE Jelinek advised the Commission of complete upload of the Vanguard software. At this time Jelinek requested executive session. Treasurer Carol J. Sundall left the meeting.

EXECUTIVE SESSION:

11.00 a.m. Motion by Halverson, seconded by Diehm to enter into executive session per SDCL 1-25-2 (1). All voting aye.

11:15 a.m. Chairman Perry declared the board out of executive session. DOE Jelinek left the meeting.

EXECUTIVE SESSION:

11:20 a.m. Treasurer Carol J. Sundall requested executive session. Motion by Lengkeek, seconded by Huffman to enter into executive session per SDCL 1-25-2 (1). All voting aye. Auditor Michalek left the meeting per Treasurer Sundall’s request.

11:35 a.m. Chairman Perry declared the board out of executive session. Auditor Michalek returned to the meeting.

Treasurer Sundall discussed several tax deeds and left the meeting.

EXECUTIVE SESSION:

12:45 a.m. Auditor Michalek requested executive session. Motion by Diehm, seconded by Huffman to enter into executive session per SDCL 1-25-2 (1). All voting aye.

12:55 a.m. Chairman Perry declared the board out of executive session.

ADJOURNMENT:

Motion by Lengkeek, seconded by Halverson to adjourn until April 25, 2017 at 9:00 a.m. All voting aye.

______ATTEST:______

Steve Perry, Chairman Pam Michalek

Lyman County Commission Lyman County Auditor