Custer County Commissioner Meeting

Custer County Commissioner Meeting

Date: March 20, 2012

Chairman Bies called the meeting to order at 8:00 a.m. with the Pledge of Allegiance. David Hazeltine, Jim Lintz, Phil Lampert, Mark Hartman, Tracy Kelley, State’s Attorney and the Auditor were present. The Board moved to approve the agenda as presented. Motion carried. In the following proceedings, all action taken was first duly moved and seconded, received a unanimous vote of the Commissioners without dissenting vote or abstention, unless otherwise stated.

Minutes

The Board moved to approve the minutes of the March 7th, commission meeting as presented. Motion carried.

Declaration of Conflict of Interest-None declared

Mike Carter, Director of Emergency Services

Fire Ban A Custer County emergency fire ban was put into effect 3-14-12 until further notice!

The fire ban is backed up by Custer County Ordinance #14 which established penalties for violation of burn bans and burn permits.

Open burning shall be defined by any of the following occurring on private and State lands outside of the Black Hills Forest Fire Protection District in Custer County.

A. Any outdoor fire, including but not limited to campfires, warning fires, charcoal grill fires, or the prescribed burning of fence rows, fields, wild lands, trash and debris. This resolution excludes fires contained within liquid-fueled or gas fueled stoves, fireplaces within all buildings, charcoal grill fires at private residences, and permanent fire pits or fire grates located on supervised developed picnic grounds and campgrounds;

B. Smoking, except within an enclosed vehicle or building, a developed recreational site or while stopped in an area at least three feet in diameter that is barren or cleared of all flammable materials;

C. Welding or operating acetylene or other torches with open flame; or

D. Operating or using any internal or external combustion engine without a spark arresting device properly installed, maintained and in effective working order meeting either: SDA Forest Service Standard 5100-1a [as amended]; OR Appropriate Society of Safety Engineers [SAE] recommended practice J335 [b] and J350 [a].

NOTE: This ban on open burning applies unilaterally to all State of South Dakota issued permits including burn barrels.

2011 Title III Funds -Custer County received 2011 Title funds on 1-11-12. $526,049.68 was received in Title 1 funds which are split in half between the Highway fund and the schools in Custer County. $43,321.74 was received in Title III funds and $49,510.56 in Title II funds which are held by the Federal government for RAC projects.

The Board moved to authorize the auditor to publish the public notice of a 45 day public comment period on how Title III funds will be expended.

PUBLIC N OT ICE OF PUBLIC COMMENT PERIOD

NOTICE IS HEREBY GIVEN that Custer County received $49,510.56 in Title III funds under the “Secure Rural Schools and Community Self-Determination Act of 2000”, PL 106-393. Custer County intends to spend Title III funds on authorized projects which include: Category (1):To carry out activities under the Firewise Communities program to provide homeowners in fire-sensitive ecosystems education on, and assistance with implementing, techniques in home siting, home construction, and home landscaping that can increase the protection of people and property from wildfires;(2) to reimburse the participating county for search and rescue and other emergency services, including firefighting, that are: (A) performed on Federal land after the date on which the use was approved under subsection(b); (B) paid for by the participating county; and (3) to develop community wildfire protection plans in coordination with the appropriate Secretary concerned. The Custer County Board of Commissioners is opening a forty-five (45) day public comment period to invite all persons wishing to make written comments. All comments must be submitted in writing and received on or before May 11th, 2012. Written comment can be mailed to 420 Mt. Rushmore Road, Custer, SD 57730 or dropped off at the Custer County Courthouse, to the attention of the Auditor’s Office. For additional information regarding PL 106-393 Title III projects, please contact Mike Carter at the above address or by telephone 605-673-8128.

s/s commissioners

UPS System

The UPS, which is a backup power supply for the 911 system, failed to function after the move from the basement. The Board moved to authorized Carter to order a new UPS system. Motion carried.

-Carter advised that there is funding available through Homeland Security for infrastructure which will cover the cost of the metal detector for the court room and the interface of servers to hook Fall River County up to the 911 system.

Gary Woodford, Highway Superintendent

Application for Occupancy on Right of Way

–Golden West Telecom made application for occupancy of right of way for a buried fiber optic cable on Highway FAS 656 in Section 25, T6S, R8E in Custer County. Buried fiber cable will be installed in 1” pipe to the depth of 36” by directional bore. The Board moved to approve the application. Motion carried.

Shooting Range Discussion

- The County provided an update from the meeting with SDDOT and FAA in Deadwood wherein land acquisition was the primary issue of discussion in connection with the airport and environmental assessment. The shooting range was touched upon at the meeting with FAA confirming the issue to be one of local control and stated that it did not constitute an incompatible land use under their regulations. SDDOT concurred with FAA comments on the shooting range. The County will continue to meet with SDDOT and FAA concerning the airport expansion and future land acquisition. Several neighboring landowners were present and expressed continued safety concerns. The County will continue to look at the issues. Further discussion will be held at the June 7, 2012 commission meeting.

David Green, Planning

Miscellaneous Attachment to Deed The Board moved to add an addendum to the purchase agreement with Mountainview Baptist Church, Inc. to extend the agreement another 45 days. Motion carried. Once the purchase has been done, Mountainview Baptist Church will ask Custer County to sign a miscellaneous attachment to the plat that any access to the newly acquired 2 acres will be made accessible from the County Airport Property.

S ketch Plan Review of Parcel 966 Rittbergers are the applicants and they are requesting that the platting process be waived on 2.5 acre parcel of his land for purposes of a bank lien. The Rittbergers will prescribe an easement across the parent parcel to give legal access to the newly described lot. The Board moved to waive the requirement that the parcel be platted. Motion carried.

County Liens

The Board moved to authorize the auditor’s office to submit the approved indigent lien list to the Credit Collections Bureau for collection proceedings. Motion carried.

Paul Dehaan, First Western Insurance

-The Board reviewed the statement of values for county structures and personal property. The Board moved to discontinue paying for Custer County Housing Authority’s property insurance effective May 1, 2012. Motion carried. The Board moved to approve the statement of values with the deletion of the personal property for Custer County Housing Authority. Motion carried.

WhittrockSubdivison #2 Road District

-The Board moved to approve the Order Declaring Area to be Incorporated Subject to Vote and Notice of Election. Motion carried.

ORDER DECLARING AREA TO BE INCORPORATED SUBJECT TO VOTE AND NOTICE OF ELECTION

We, the board of Custer County Commissioners of Custer County, South Dakota, declare that a verified Petition has been laid before us to declare a road district to be known as Wittrock Sub. No. 2 Road District and such Petition has complied with SDCL 31-12A-3 and 31-12A-4. Therefore, it is hereby ordered that such territory, as described in the Petition, shall with the assent of the landowners as provided in SDCL 31-12A-10, be an incorporated paving district by the name specified in the application. Further, we declare that a Notice of Election be placed in the Custer County Chronicle each week for two (2) consecutive weeks. A vote shall take place on the proposed district on the 8th Day of May 2012, at 10:00 am at 25254 Pilot Rd. Custer, South Dakota located in Custer County, South Dakota.

s/scommissioners

Vidal Davila, Wind Cave National Park

Wind Cave recently acquired the Casey Ranch and is formulating a land use plan for the area. Section Road 266 accesses the property and the road needs some improvement. The park wanted to know if the county would make and pay for the improvements and if the county would continue to maintain the road once it was improved or if the State would be responsible for improvement and maintenance. Road 266 is not on the list as a county secondary highway and is not the county’s responsibility. The Board moved to deny the request that the county build and maintain section line road 266. Motion carried.

Mail Call / General Business

-Notice of a Black Hills Association of County Commissioners and Elected Officials meeting will be held on Thursday, March 29th in Sturgis.

Travel Requests

-Dennis Zellner made a travel request to attend the SDACO Spring Conference in Pierre on May 9-11 at a cost to the county of $343.98.The Board moved to approve the request. Motion carried.

-Linda Nelson and Nancy Christensen made a travel request to attend the SDACO Spring Conference in Pierre on May 9-11 at a cost to the county of $762.00. The Board moved to approve the request. Motion carried.

Abatement/Refunds

-Refund 974R- *Judith Hoover, surviving spouse of Harold Hoover, made application for refund of taxes payable 2011 in the amount of $749.38 on parcel 4800 because the applicant qualifies for a disabled Veteran assessment freeze. The Board moved to approve the request. Motion carried.

-Abatement 1030A *Judith Hoover, surviving spouse of Harold Hoover, made application for abatement of taxes payable 2012 in the amount of $802.62 on parcel 4800 because the applicant qualifies for disabled Veteran assessment freeze. The Board moved to approve the request. Motion carried. *correction made 4-4-12

-Abatement 1031A The State of South Dakota made application for abatement of taxes payable 2012 in the amount of $187.20 on parcel 6786 because the property was purchased by the State on June 1, 2011 and the State is exempt from taxes effective June 1st, 2011. The Board moved to approve the request. Motion carried.

-Abatement 1032A Robert Anderson made an application for abatement of taxes payable 2011 in the amount of $26.58 on parcel 900709 and to waive interest of $1.00, penalty of $4.00 and Distress Warranty Fee of $25.00 because the mobile home was dismantled in May 2011. The Board moved to approve the request. Motion carried.

-Abatement 1033A Mikal Lewis made an application for abatement of taxes payable 2012 in the amount of $179.74 on parcel 14586 because the R.O.W. easement for Pleasant Valley Road was included in his assessment. The Board moved to approve the request. Motion carried.

Meeting Schedule

- Black Hills Association of County Commissioners and Elected Officials meeting on Thursday, March 29th in Sturgis at the Easy Rider Saloon at 12:00 noon.

-Leave for Pierre on March 20th to attend the SDACC Workshop being held on March 21st and 22nd at the Ramkota.

Highway Patrol Contrac t

The Board moved to authorize the Chairman to sign the renewal of the Facilities Use Agreement between the SD Division of Highway Patrol and the Custer County Sheriff’s Office for use of their firing range for law enforcement training. Motion carried.

Vouchers

-The Board moved to approve the vouchers as presented. Motion carried.

A TO Z SHREDDING, INC. 26.40 3/7/12 19887 SHREDDING, A&C PROMOTIONS 252.00 11/9/11 156 COMMUN SHIRTS, ACTIVE DATA SYSTEMS, INC 450.00 1/6/12 1-11809 SCAN-NER MAINT A, APEX TECHNOLOGY SOLUTIONS GRP 15173.96 8/11-2/22/12 DP EQ & SERVICES, ARGYLE FIRE DEPARTMENT 4250.00 3/10/12 1ST QTR BUDGET PMT, BEES-LEY LAW OFFICE, P.C. 3590.00 2/3-3/1/12 COURT APPT ATTY FEE, BEN MEADOWS 46.60 2/15/12 1018529709 TREE PAINT, BUFFALO GAP FIRE DEPT. 4250.00 3/10/12 1ST QTR BUDGET PAYMENT, BLACK HILLS POWER 4510.90 2/22/12 COUNTY ELECTRICITY, BLACK HILLS WORKSHOP 1000.00 3/1/12 2012 BUDGET PAYMENT, BUCKHORN SURVEYING INC 1627.20 2/21/12 0995 SSURVEY LOTS 3&4, NORENE BULT 395.00 2/24/12 VA PAID FOR CRM-REFUND, SOUTHERN HILLS PUBLISHING INC 725.50 2/29/12 FEB COUNTY PUB-LISHING, CUSTER CO. SHERIFF'S OFFICE 84.61 3/10/12 REPLACE PETTY CASH, CULLI-GAN WATER 49.00 2/29/12 CC SHERIFF WATER BILL, CUSTER STOREHOUSE 875.00 3/10/12 1ST QTR BUDGET PAYMENT, CUSTER GAS SERVICE 128.33 2/2/12 79943 WEED PROPANE, CUSTER TRUE VALUE 83.18 2/29/12 COUNTY SUPPLIES, DALE'S TIRE & RETREADING, INC 437.62 2-28-12 54842 SO 7214 TIRES, SD STATE TREASURER 113.44 3/10/12 JAN-FEB SALES TAX, DEWEY FIRE DEPT. 1250.00 3/10/12 1ST QTR BUDGET PAYMENT, DIAMOND PHARMACY SERVICES 496.82 3/5/12 120229PNCUST PRIS MEDS, EMPOWER COALITION 375.00 3/10/12 1ST QTR BUDGET PAYMENT, FASTENAL COMPANY INC 263.73 2-16-12 184753 HWY SHOP SUPPLS, FEDEX 225.01 2/22/12 780000092 SO SHIPPING, FOLSOM FIRE DEPARTMENT 3000.00 3/10/12 1ST QTR BUDGET PAYMENT, FRENCH CREEK LOGGERS SUPPLY 27.98 3/1/12 720624 SO WIPER BLADES, GODFREY BRAKE 665.41 2/8-29/12 HWY 427/916/2015 PRT, GOLDEN WEST TELECOMMUNICATIONS 2051.60 3/1/12 COUNTY PHONE BILLS, GOLDEN WEST TELECOMMUNICATIONS 2258.17 3/1/12 COUNTY PHONE BILLS, GOLDEN WEST TECHNOLOGIES 2100.00 3/1-6/12 SONIC WALL & INTERNET, GRAPHICS PLUS 25.00 3/1/12 125471 PRINTER MAINT, HIGHLANDS FIRE DEPARTMENT 2750.00 3/10/12 1ST QTR BUDGET PAYMENT, HILLYARD/SIOUX FALLS 168.00 2/29/12 400004369 ICE MELT, HOUCHEN BINDERY, LTD. 136.75 2/23/12 194818 LIBRARY BOOKS, LAVON W HUGHES DBA 46.92 2/27/12 1996 WEED & PEST LAMP, SEAN HUGHES 394.00 3/6/12 50 TREES REMOVED, IKON OFFICE SOLUTIONS 351.00 3/2/12 86576761 COPIER RENT, IKON OFFICE SOLUTIONS 345.00 2/21/12 5022284476 COPIER RENT, KADRMAS LEE & JACKSON INC 8993.80 2/22/12 142109 AIRPORT ENV DOC, BRAD KEIZER 171.31 JAN AND FEB MILEAGE REIMBURSEM, MAUNA TOWERS LLC 265.10 3/1/12 5109 BEAR MTN TWR RENT, M. G. OIL COMPANY 11446.71 2/23-3/1/12 HWY DIESLE/GAS, MT RUSHMORE TELEPHONE COMPANY 242.47 3/1/12 EAST COUNTY PHONES, NELSON'S OIL & GAS, INC. 1724.60 2/8-13/12 HWY PROPANE, NEVE'S UNIFORMS INC. 407.50 2/14-17/12 SO UNIFORMS, PREMIER VEHICLE INSTALLATION 14258.60 1/17-2/28/12 SO VEHIC-LE ADDONS, PRINGLE FIRE DEPT. 8003.00 3/10/12 REIMB FOR INS & BUDGET, QUILL CORPORATION 484.01 2/2-2/28/12 COUNTY OFFICE SUPL, RADIOLOGY ASSOCI-ATES, PROF LLC 389.00 2/26/12 PRISONER MEDICAL CARE, RAPID CITY MEDICAL CENTER 48.47 2/20/12 PRISONER MEDICAL CARE, CITY OF RAPID CITY 140.00 2/29/12 FEB BAC DETER-MINATIONS, RT COMMUNICATIONS 23.97 3/1/12 39313 W CO E911 RELAY, RUSHMORE COMMUNICATIONS 31603.00 1/26-2/29/12 COUNTY RADIO WORK, S&B MOTOR PARTS 702.70 2-2012 10052 HWY PARTS, SD DEPT. OF HEALTH 45.00 2/15/12 10537151 DRUG SCREEN, SD DEPT OF TRANSPORTATION 140.90 2-15-12 S69208 HWY 8TH STR BRD, SD FEDERAL PROPERTY AGENC 420.01 3/6/12 BLDG, HWY WEED & SA EQU, SD ASSOCIA-TION OF COUNTY COMM 400.00 3/10/12 WORKSHOP RESERVATIONS, SERVALL TOWEL & LINEN 186.41 2/22-3/5/12 COUNTY RENTALS, MATTHEW L SKINNER, P.C. 5052.33 2/7-8/12 COURT APPT ATTY FEES, HAROLD SNOW 1562.50 3/10/12 1ST QTR BUDGETPAYMENT, LESTER SPITLER 154.00 3/6/12 11 REIMB FOR 11 TREES, TIME EQUIP-MENT RENTAL & SALES 2944.00 2/27/12 SO VEHICLE ADD-ONS, TOWN OF BUFFALO GAP 45.00 3/1/12 E HWY SHOP WATER/GARB, TOWN OF HERMOSA 99.04 3/1/12 E HWY WATER /SEWER BILL, TOWN OF HERMOSA 350.00 3/1/12 E SO RENT, VFW POST 3442 250.00 3/10/12 1ST QTR BUDGET PAYMENT, WEAVE 325.00 3/10/12 1ST QTR BUDGET PAYMENT, MARK & SHAN-NON STITES 3000.00 3/10/12 AIRPORT MGMT CONTRACT, SHARA WILKEY 224.00 3/6/12 REIMB FOR 16 TREES CUT, PEGGY WILSON 383.00 3/6/12 REIMB FOR 28 TREES CUT, YANKTON CO. SHERIFF 25.00 2/9/12 SERVE PAPERS FEE, J SCULL CONSTRUCTION 622199.10 1/30/12 EST NO 18 CRTHSE RENOV.