Custer County Commissioner Meeting

Date: March 7, 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 with the following addition: Memorandum of Agreement with Weed Board under Bill Kirsch, Weed Supervisor and Cooperative Law Enforcement Operating Plan with Forest Service under Rick Wheeler, Sheriff. 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 February 15, 2012 Commission meeting as presented. Motion carried.

Declaration of Conflict of Interest-Mark Hartman declared a conflict with Shooting Range Discussion.

Bill Kirsch, Weed Supervisor

-Bill discussed the Black Hills Regional Mountain Pine Beetle Strategy with the Board and presented them a draft of the plan for their review.

-The Board moved to approve the 2012 Memorandum of Agreement between Custer County Commissioners and Custer County Weed and Pest Board. Motion carried.

Gary Woodford, Highway Superintendent and Mike Carter, Director of Emergency Management

-Executive Session- Contract Negotiations Action was taken to go in and out of executive session for contract negotiations. The session began at 8:13 a.m. and adjourned at 8:34 a.m. No action taken.

Bridge Reinspection Program

-The Board moved to adopt resolution 2012-8. Motion carried.

BRIDGE REINSPECTION PROGRAM RESOLUTION 2012-8

FOR USE WITH SDDOT RETAINER CONTRACT

WHEREAS, Title 23, Section 151, United State Code and Title 23, Part 650, Subpart C, Code of Federal Regulations, requires initial inspection of all bridges and reinspection at intervals not to exceed two years.

THEREFORE, Custer County is desirous of participating in the Bridge Inspection Program using Bridge Replacement funds.

Custer County request SDDOT to hire Brosz Engineering, Inc. for the inspection work. SDDOT will secure federal approvals, make payments to the Consulting Engineer for inspection services rendered, and bill the County for 20% of the cost. Custer County will be responsible for the required 20% matching funds.

Dated this 7th day of March, 2012, at Custer, South Dakota.

Ss/Commissioners

Agreement with SDDOT for Striping and Maintenance of County Roads

-The Board moved to designate the Chairman as the County’s authorized representative and empower him with the authority to sign an agreement to Provide for Striping and Continuing Maintenance of County Road within Custer County for project P000S(00)324, PCN 01ET for the striping of approximately 3.00 miles of Sidney Park county road at an estimated cost to the county of $1,986.83. Motion carried.

Work Order for Project BGF 6488(01),PCN 5703

The Board moved to authorize the Chairman to sign the work order for Project BRF 6488(01), PCN 5703 for Custer County under the terms of Agreement Number 410459 with SDDOT for the Cheyenne River Bridge. Motion carried.

Rick Wheeler, Sheriff

-The new sheriff vehicles will be included in the highway inventory and maintenance will be done at the highway shop. The deputies will keep track of mileage on the vehicles and see that they are taken to the shop when maintenance is due. The highway shop will keep a record of maintenance done on each vehicle.

DARE-Drug Abuse Resistance Education- The DARE checking account has been closed and put into the General Fund. All donations and expenditures for DARE will be done through the General Fund revenue account 101-0-342.91 and expense account 101-211-429.95. The Board moved to approve an automatic supplement in the amount of $2500.00 to the revenue and expense account for DARE. Motion carried.

-The Board moved to authorize the Chairman to sign the Cooperative Law Enforcement Annual Operating Plan and Financial Plan between the Sheriff Department and the USDA Forest Service. Motion carried.

Travel Requests

-Brian Behlings made a travel request to attend the Taser Recertification Training in Sturgis on March 6th at a cost to the county of $175.00. The Board moved to approve the request. Motion carried.

-Frank Kistler made a travel request to attend the Courtroom Security training in Watertown on April 12-13 at a cost to the county of about $300.00. The Board moved to approve the request. Motion carried.

Bradley Keizer, 4-H/Youth Advisor

-The Board approved Brad’s travel vouchers for January of $93.24 and February for $78.07. The reimbursement of mileage from and to Hot Springs and Custer is shared equally by Custer County and Fall River County. Brad lives in Hot Springs and the Board questions whether we should be paying for him to come to work but since Fall River agreed to pay half we will continue to pay for half of his mileage as long as budget is available. The Board requested a activity report of all Brad’s activities for the month and agreed that the itemized travel request meets that requirement.

Don Shantz-Leash Law

-Custer County Ordinance 1 addresses animal control and states that the owner shall keep his dog under restraint at all times and shall not permit such dogs to be at large off the premises or property of the owner, unless under the control of a competent person. He is asking for retribution for a incident where his dog was killed by a larger dog. The incident did not happen on Shantz property and he did not have his dog under restraint so he has no legal means for retribution.

Shooting Range Discussion

-Several residents of the neighborhood surrounding the Southern Hills Tactical shooting range, pilots and other county residents came to voice their concerns about noise and safety regarding the shooting range. The Board listened to their concerns and explained that the county followed proper procedures in making the land use determination. The County could not deny the request based on application of the local ordinances nor was any findings of fact to support denial received from SDOT or FAA. Since the land is a designated commercial lot and located within Safety Zone 1, a shooting range is an allowable use according the county’s ordinances. Custer County is meeting with the FAA prior to the SD Aeronautics Commission conference in Deadwood next week to discuss this as well as other land acquisition issues associated with the airport. The County hopes to have more answers after that meeting. Another discussion will be held at the March 20th commission meeting at 8:30 a.m.

Paul Dehaan, First Western Insurance

-Paul was not present but the Board reviewed the Statement of Values and asked that Paul come to the next meeting to answer some questions and to give an estimate of what the cost will be for building and large equipment insurance for the county for the coming year.

Greg Schroeder, Wind Cave Chief Resource Officer

Greg updated the board on the Visitor Use Survey, Mountain Pine Beetle and Invasive Weed project.

Marian Atkins, Field Manager ,BLM

Marian updated the Board on BLM activities in the area.

Craig Bobzien & Lynn Koland- Vestal Springs Timber Sale

Lynn updated the Board on the progress of the Vestal Project.

Frank Rapp-Alternative Power Lines

-Frank Rapp, representing US-Europe Energy Group, LLC sought approval to occupy a county right-of-way. The described location of the right of way included the entire length of Riverside Road for the purposes of alternate energy power lines. Frank was notified that the application process related to a request to occupy a right of way along a county highway. Frank was encouraged by the Board to seek approvals from private land owners that may be impacted prior to returning to the Board for approval. The Board thought that it was prudent that he should make sure he could acquire the necessary easements at the transfer station location before they should decide on granting the right to occupy a county highway right of way.

Doris Ann Mertz, Library Director

-The Board acknowledged the Custer County Library’s Annual Report for 2011. The Custer County Library is open 35 hours a week and the Hermosa Branch is open 18 hour per week. Between the two libraries 5,271 patrons are registered. Custer Library averages 100 visitors a day and Hermosa averages 25 visitors a day. The Custer County Library loaned out over 42,286

Items and borrowed 188 items though Interlibrary Loan. There are 25,752 books, 2,140 DVD/videos, 1,322 audio books/CDs and subscriptions to 46 periodicals. 27 programs were held for children with total participation of 390; story time was reintroduced and has averaged 13 kids and 8 adults each Friday. 144 adults participated in 7 adult programs. The Library PCs were used in 9,024 internet sessions and Wi-Fi access averages between 110 to 120 connections in a 24 hour period. Fines, grants, gifts, book sales, seasonal memberships, copier income, etc. totaled $27,000.00 and over $15,000 of this amount was donated by the Custer County Library Foundation. The Library receives $.13 per $1,000 from the General Fund.

-Travel Request-Doris Ann Mertz made a travel request to attend the Project Compass National Convening in Arlington, VA on April 24-27 at no cost to the county; expenses will be covered by a grant. The Board moved to approve the request. Motion carried.

Mail Call/ General Business

-The Board acknowledged a thank you letter from the Custer County Fair Board for the lights, ceiling fans, and other items salvaged from the courthouse.

-Kadrmas, Lee and Jackson requested a revised letter of support for a TIGER IV grant proposal. Previously our letter of support referenced the TIGER III grant which will not be funded. The Board moved to approve the revised letter of support. Motion carried.

-Board of Equalization will be scheduled beginning at 1:00 p.m. on Wednesday April 18th after the Custer County Commission meeting and will continue on April 19th at 8:00 a.m. if needed.

Monthly Reports

The Board acknowledged the following reports.

- Register of Deeds February 2012 statement of fees with $291.00 collected in state fees, $6,468.10 for county fees for a total of $7,248.10.

-The Auditor’s report with the Treasurer for February 2012 as follows: Cash $2,040.90; Checks/ Drafts <3days $21,809.73; Checks/Drafts >3 days $1,050.00; 1st Interstate Bank checking $118,370.82; 1st Interstate Bank Savings $1,253,092.92; 1st Interstate Bank Flex $58,987.83; ED Jones MM $633,590.88; 1st Interstate Investment $36,421.79; TELCO Checking $208.03; TELCO TIIA $26,561.88; TELCO Savings $79,825.65; Highmark Investment $147,711.88; Highmark Savings $10,162.05; Highmark Checking $5,000.00; Dacotah Bank Checking $5,000.00; Dacotah Investments $150,000.00; Accrued Interest $2,263.77; ED Jones $3,817,796.68 for a total of $6,369,894.81.

- Custer County Sheriff’s February 2012 report: $110.00 fingerprints; $24.00 accident reports; $156.00 pistol permits; $242.21 in mileage; $565.00 service fees; $105.00 executions; $897.00 from 24/7 Program; $16.77 fees & postage; $100.00 Sheriff sale; $50.00 processing fees for a total $2,265.98 submitted to Custer County Treasurer.

Travel Requests

-David Green, Elmer Claycomb and James Kor made a request to attend the 2012 Western SD Hydrology Conference in Rapid City on April 19th at a cost to the county of $195.00 for registration. The Board moved to approve the request. Motion carried.

Abatement/Refunds

Abatement 1029A- An application was made by Dan Dooley for Tonni Barber for abatement of taxes payable 2012 on Parcel 9389 in the amount of $238.84. The Board denied the request due to the fact that proper process was not followed. Motion carried.

Orders to Incorporate

Bowan Ranch Road District

The Board moved to approve the Order to Incorporate for Bowman Ranch Road District. Motion carried.

ORDER TO INCORPORATE

Pursuant to SDCL 31-12A-11 and the verified statement being presented to the

Custer County Commissioners on this date and the Board of County Commissioners being satisfied that legalities of the election have been met.

IT IS HEREBY ORDERED that Bowman Ranch Road District described as Bowman Ranch Subdivision Plat of Lots 1 Through 29 located in the W ½ NW ¼ of Section 17 and the E ½ NE ¼ of Section 18 T5S R5E BHM Custer County South Dakota (Lots 1-7 and 9-13 are located in the E ½ NE ¼ of Section 18. Lots 14-20 and 23-29 are located in the W ½ NW ¼ of Section 17. Lots 8.21 and 22 are located in the W ½ NW ¼ of Section 17 and the W ½ NW 1 ¼ of Section 18.) Excluding lots 1, 2, 21, 25, 26, 27, 28 and 29. Custer County, SD

Is incorporated and this Order shall be conclusive of the fact of such incorporation in all suits by or against such road district

.Dated this 7th day of March 2012.

The vote of the February 28th, 2012 election was 11 in favor of the incorporation of the road district and 0 against for a total of 11 votes.

NE Box Canyon Road District Annexation

The Board moved to approve the Order to Incorporate Annexed Area for NE Box Canyon Road District. Motion carried.

ORDER TO INCORPORATE ANNEXED AREA

Pursuant to SDCL 31-12A-11 and the verified statement being presented to the

Custer County Commissioners on this date and the Board of County Commissioners being satisfied that legalities of the election have been met.