Custer County Commissioner Meeting

Date: September 4, 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 August 15th and August 24th, 2012 commission meetings as presented. Motion carried.

Declaration of Conflict of Interest-None declared

Weed Department and Weed Board

-Tom Barnes and Martin Mahrt, weed board members, were present. Carter said that he was going to keep the remaining part time weed sprayers busy on the Forest Service contract until the end of September. At that time he will meet with the Forest Service to discuss the agreement. The Board moved to appoint a committee consisting of two Custer County Commissioners, two members of Weed & Pest Board and Mike Carter, to review and discuss functions of County Weed & Pest Department and report back to the Custer County Commission with a recommendation for future direction and functions of the department. Motion carried. The two county commissioners will be Mark Hartman and Jim Lintz, the two weed board members will most likely be Tom Barnes and Martin Mahrt.

Personnel-The board acknowledged the following resignations from: Harry Kooyman, part-time weed sprayer, effective 8-28-12 and Kevin Kirsch, part-time weed sprayer, effective 8-28-12.

-The request for support of a regional Mountain Pine Beetle Coordinator position proposed by Black Hills Region MPB working group will be discussed by the weed board and recommendations made at the next commission meeting.

Gary Woodford, Highway Superintendent

Gravel Bids Bids for ¾ gravel base course were received from the following bidders: Southern Hills Rock & Gravel from Custer bid $5.25 first 5000 ton, $7.00 for 5001 ton and up from the Argyle pit. Badlands Sand & Gravel Inc. from Hermosa bid $7.25 per ton FOB from the Ghost Canyon Pit. Howe Well Drilling & Excavating from Custer bid $7.90 per ton, $7.65 over 1000 tons from the Collins Pit. Croell Redi-Mix, Inc from Rapid City bid $3.75 from the Streeter Quarry. Western Construction from Rapid City bid $5.90 per ton FOB from the Pringle Quarry. The Board moved to approve the bids. Motion carried.

-Gary advised that the highway department was not able to put culverts on 711 Road as scheduled for August 21 & 22. The project will be rescheduled for the second or third week of September.

Southern Black Hills Rock & Gravel, Lonnie Schramm

-Lonnie said he would like to build a relationship with the county to provide them with gravel and that he would do whatever he needed to provide gravel that meets the county’s specifications.

Marvin Bishop, Abatement 1045A /Refund979R Marvin Bishop requested a refund for $37.54 for first half of taxes payable 2012 and an abatement of $37.54 for second half of taxes payable 2012 as a consequence of the Office of Hearing Examiners decision for the 2012 assessment taxes payable 2013 on the structure value of his portable livestock shelter. Lampert made a motion to approve the request and then amended the motion to table the request until the county’s’ appeal ruling is decided. Motion carried as amended.

Rick Wheeler, Sheriff

-The Board decided that three of the parking spots on the east side of the courthouse should be marked for sheriff vehicle parking. The parking lot south of Washington Street has been graveled for county use. Extra county vehicles will park there as well as personal vehicles left overnight.

Shannon and Mark Stites, Custer County Airport

-Stites were asked by the Board to look into options to increase the amount of Jet A fuel that can be stored onsite. Currently we can store 1000 gallons of Jet A fuel and 2000 gallons of 100LL fuel. This year due to the fire activity we have not been able to keep up with the demand for Jet A fuel. The options presented were: to switch our 100LL tank with our Jet A tank which would double our Jet A fuel storage at an estimated cost of $1,500.00; purchase a new fuel tank to allow us to purchase fuel by the tanker load at an estimated cost of over $100,000.00; or to purchase a refurbished fuel truck which would allow us to purchase fuel by the tanker load at an estimated cost of $50,000.00. Another consideration discussed was that increased fuel storage would allow us to become a Avfuel dealer which would give us national advertising, better fuel quality, better pricing and would provide the county with 50 million 3rd party product liability insurance. The Board will consider the options.

Election to Receive 2012 Secure Rural Schools Act Funding

The Board moved to approve resolution 2012-14. Motion carried.

Resolution Number: 2012-14

Election to Receive 2012 Secure Rural Schools and Communities Act Funding and the Allocation of Title II and Title III Project funding for 2012

Whereas federal statute requires that each County eligible to receive 2012 SRSCA funding, must by September 30, 2012 elect to receive SRSCA funds or elect to receive their 2012 share of the 25% Actual Forest receipts (old 1908 law); And

Whereas federal statute requires that those Counties electing to receive $100,000 or more of SRSCA funding in 2012, must elect to set aside 15% or 20% of those funds for Title II and/or Title III Projects: And

Whereas federal statute further requires that each County must designate the percentage of those project funds assigned to Title II and Title III for 2012, recognizing that a maximum of 7% can be expended for Title III.

Be it therefore resolved, that the duly elected Board of Commissioners of Custer County in the State of South Dakota has taken action on the 4th day of September, 2012 to make the following elections:

1. Custer County elects to receive:

___X___ 2012 Secure Rural Schools and Communities Act Funds

______2012 - 25% Actual Forest Receipts (1908 Law)

2. Custer County elects to set aside the following percentage of SRSCA Funds for Title II and Title III Projects in 2012.

___X__ 15% of total SRSCA Funding

______20% of total SRSCA Funding

3. Custer County designates the following distribution of the SRSCA Project Funds set aside in Number 2 above.

8% designated for Title II

7% designated for Title III

15% Total Percentage of Funds Designated for Projects in 2012 (Must Match Percentage designated in Step 2 above)

Copies of this resolution must be sent to the Governor's Office or his/her designee by September 30, 2012. The Governor's Office in each state will collect and transmit these elections for all affected counties within their State to the National US Forest Service or BLM Office designated by the respective federal service.

For purposes of documentation, we recommend that duplicate copies be submitted to the Regional Foresters office of the USFS, and that copies be retained in the County of origin.

We hereby certify that this resolution was considered and approved by the Custer County Board of Commissioners on the 4th day of September, 2012.

s/scommissioners

Adopt 2013 Provisional Budget

-The 2013 budget hearing was held in the Custer County Commissioners Room in the Custer County Courthouse at which time no interested person appeared to give public testimony. The annual budget, with any changes, will be adopted at the September 26th meeting.

Mail Call/General Business

-The Board acknowledged the following:

-A letter from Helen Carney requesting an explanation and response for the denial of reimbursement for chemicals for spraying MPB trees. A response will be sent.

-Notice of Resource Advisory Committee meeting on Thursday, September 13th at Forest Supervisors office at 5:30.

-A letter from DENR stating that Robert Larson and Pat Dillons’ Notice of Intent to Operate and Request for Determination of Special, Exceptional, Critical or Unique Lands does not constitute special, exceptional, critical or unique lands.

Indigent

-The Board moved to approve an indigent request for $2,000.00 for burial expenses. Motion carried.

Travel Requests

The Board moved to approve the following travel requests. Motion carried.

-David Green to attend the SD Planning Association Annual Planning and Zoning Conference in Lead on Oct. 23-25 at a cost to the county of $200.00 and to attend the On-site Wastewater Treatment System Training in Rapid City on October 4th at a cost to the county of $60.00.

-Mike Carter to attend the SD Emergency Management Conference in Lead on September 10-12 at a cost to the county of $180.00 plus use of county vehicle.

-Gary Woodford, Cathy Carter and Darcy Smith to attend the D-Ware , Inc. Annual Meeting in Deadwood, SD on October 4-5 at a cost to the county of $326.00.

-Travis Bies, Phil Lampert, Jim Lintz, Mark Hartman, Linda Nelson, Dawn McLaughlin and Dennis Zellner to attend the SD Counties Convention in Sioux Falls, SD on September 17-19 at cost of $3,080.00 plus use of county vehicle.

Meeting Schedule

-Resource Advisory Committee (RAC) meeting on Thursday, September 20th at Forest Supervisors office at 5:30 p.m.

-The SD Counties Fall Convention in Sioux Falls at the Sioux Falls Sheraton and Convention Center on September 17-19.

Airport ALP Contract

-The Board moved to authorize the Chairman to sign Project No. 3-46-0011-011-2012 agreement for the Airport Layout Plan (ALP) Update. Motion carried. The total project cost is $80,000 of which 90% is Federal share, 8% is the state share and Custer County’s share is 2% or $1,600.00.

Human Resources/Personnel

The Board acknowledged a letter of resignation from Jacki Miller, as an appraiser in Equalization office effective 8-31-12.

Surplus

-The weed department made a request to surplus a 200 gallon pick-up spray tank which is cracked in the upper portion of the unit to sale by sealed bid. The weed board will review the request and advise the commissioners at the next meeting.

Automatic Supplement

-The Board moved to approve an automatic supplement for an Invasive Weed Management Grant in the amount of $19,025.00 to expense account 234-500-429 and revenue account 234-0-334. Motion carried.

Apex Agreement

-The Board moved to authorize the Chairman to sign the January 2012 through December 2013 contract with Apex Technology Solutions Group for management of the Custer County computer/network infrastructure. Motion carried.

Build America Bonds Payment

-Custer County has received $122,539.20 in a bond interest refund for 35% of our interest payments for the courthouse bonds for 2011 and 2012. The refund can be used for any type of governmental project or financing. The funds were deposited into the General Fund.

Surplus Cash Designation

-Our surplus cash in the General Fund exceeds the 41% allowed by codified law and will be a written comment in our audit. The Commissioners intent is to assign $1,000,000.00 in General Fund cash for pending highway fund projects which could include the Cheyenne River Bridge and the Argyle Road project as well as the purchase of gravel. Secure Rural School Title II funds have decreased drastically and are in danger of not being renewed. In the event that happens, Custer County will need to transfer cash from the General Fund to the Highway Fund to fund the projects. The Board moved to authorize the Auditor to do a written response addressing the comment.

Fire Ban- No changes, the fire ban will remain in effect until further notice.

Vouchers

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

PAYROLL: COMMISSIONERS 6,358.14; AUDITOR 11,716.91; TREASURER 14,201.34; IST 2,990.29; ST ATTORNEY 14,505.61; BUILDING 10,250.88; DOE 16,458.04; ROD 7,184.31; VETERANS 2,282.45; SHERIFF 56,693.74;NURSE 1,631.79; LIBRARY 11,739.95 INCLUDES TRAVEL 84.36; EXTENSION 2,071.51; CONSERVATION 690.49; WEED 16,649.86 INCLUDES TRAVEL 69.56; PLANNING 11,657.84 INCLUDES TRAVEL 40.55; HIGHWAY 56,270.46 INCLUDES SUPPLIES 16.98; EMERGENCY MGMT 4,733.78 24/7 SOBRIETY 894.13; 911 EM 24,040.41. TOTAL PAYROLL 273,021.93. G ZIOLKOWSKI CONTRACT 600.00 SHELTER FOR AUGUST 102.00, J SCULL CONSTRUCTION 57151.52 8/16/12 EST NO 19 1/30-5/02/12, A & B WELDING INC 240.57 8-15-12 175452 HWY WELDING SUP, FRITZ ADAMS 14.43 8/22/12 REIMB FOR CHEMICALS, ADVANCED DRUG TESTING INC 72.00 7-31-12 47816 HWY RANDOM DRUG, AIRNAV, LLC 174.00 8/9/12 AIRPORT LISTING, DAWN ALMOND 14.83 8/22/12 REIMB FOR CHEMICALS, APEX TECHNOLOGY SOLUTIONS GRP 522.91 6/25/12 10441 ROD PRINTER, RUTH BEESCH 23.68 8/22/12 REIMB FOR CHEMICALS, BEESLEY LAW OFFICE, P.C. 5157.10 8/8-21/12 COURT APPT ATTY& MH, BLACK HILLS ELECTRIC COOP 1045.70 8-8-12 COUNTY ELECTRICITY, BLACK HILLS POWER 691.14 8/13-17/12 COUNTY ELECTRICITY, LINDA BLACK 174.74 8/22/12 REIMB FOR CHEMICALS, LORIN BRASS 320.40 8/22/12 REIMB FOR CHEMICALS, BUTLER MACHINERY CO INC 334.70 8-3-12 HWY 0915/6 AND 0610 PRT, EVELYN CHARD 10.55 8/22/12 REIMB FOR CHEMICALS, KEVIN CORDILL 97.50 8/22/12 REIMB FOR CHEMICALS, CROELL REDI-MIX, INC 3751.73 8-14-12 185824 HWY CS288 GRVL, CULLIGAN WATER 71.50 7/31/12 CC SHERIFF WATER, CUSTER CITY 2195.04 7/28/12 COUNTY WATER & SEWER, CUSTER DO IT BEST 26.50 8/3/12 COUNTY SUPPLIES, D-WARE INC 50.00 2012 ANNUAL USERS TRNG SEMINAR, DALE'S TIRE & RETREADING, INC 1440.16 8/2-13/12 HWY TIRES, DANA DANNELY 122.50 8/22/12 REIMB FOR CHEMICALS, DASH MEDICAL GLOVES, INC. 69.90 8/8/12 750239 SO GLOVES, DEB'S PRINTING 54.23 8/20/12 TREASURER ENVELOPES, DISCOVERY BENEFITS 25.00 8/15/12 324987 FLEX ADMIN FEE, STATE OF SOUTH DAKOTA 5.00 7/31/12 DP307202 AUD BIT BILL, FARMERS UNION OI COMPANY 8925.83 8/9-15/12 HWY DIESEL /GAS, FASTENAL COMPANY INC 11.27 7-24-12 190441 HWY PARTS, FIRST WESTERN INSURANCE 50.00 8/13/12 81511 NOTARY BOND CHRI, FRENCH CREEK LOGGERS SUPPLY 26.48 8/5/12 779615 SO BULBS, GRIMMS PUMP SERVICE INC 171.98 8-16-12 38681 HWY O325 PMP PRT, HAGEN GLASS, WINDOW & SIDING 1108.00 8/15/12 41143 GLASS DOOR LIBR, HILLYARD/SIOUX FALLS 295.23 8/8-9/12 COUNTY SUPPLIES, JOHN HOOVER 97.50 8/22/12 REIMB FOR CHEMICALS, HORKEY CONSTRUCTION 1244.51 8/8/12 404 SHELVES COURTHOUSE, DEL IRON CLOUD 5500.00 8/10/12 610735 MURAL BY SO, DONALD A JANZ, PHD 1100.00 8/9/12 PRISONER ASSESSMENT, JOHNSON MACHINE INC 54.97 8-16-12 175311 HWY FILTER/PART, LEXISNEXIS 180.00 7/31/12 1207059879 SA ONLINE, LIMBO ROAD DISTRICT 187.00 8/22/12 REIMB FOR CHEMICALS, LARRY MC CASKELL 15.84 8/22/12 REIMB FOR CHEMICALS, MCLEOD'S PRINTING & 48.13 8/2/12 31560 ROD 9X12 ENVELOPE, M. G. OIL COMPANY 3838.58 8/9/12 27549 AIRPORT FUELS, ROY MILLER 87.50 8/22/12 REIMB FOR CHEMICALS, NEVE'S UNIFORMS INC. 96.90 7/24-8/2/12 SHERIFF UNIFORMS, NORTH CENTRAL SUPPLY INC 188.78 8/20/12 1826 SWITCH DOORS CRTH, PENNINGTON COUNTY JAIL 2141.00 8/2/12 JULY JAIL BILL, PENNINGTON COUNTY JAIL 5017.00 8/2/12 JULY JAIL BILL, PENNINGTON SO SHERIFF'S OFFICE 206.30 8/2/12 JULY JAIL TRANSPORTS, MIKE PEASE 86.60 8/22/12 REIMB FOR CHEMICALS, PITNEY BOWES/PURCHASE POWER 2000.00 8/13/12 POSTAGE METER REFILL, QUILL CORPORATION 143.12 8/12 COUNTY OFFICE SUPPLIES, RAPID CHEVROLET 95.57 8/13-14/12 MAINT 108 PARTS, RAPID TOWING 150.00 8/2/12 TOW 99 CADDY TO CUSTER, RAPID CITY JOURNAL 210.60 8/14/12 E LIB YR SUBSCRIPTION, CITY OF RAPID CITY 350.00 7/31/12 1006 JULY BAC DETERS, RAPID CITY REG HOSP PHARMACY 571.10 6/1-7/28/12 PRISONER MEDS, TELCO FED CREDIT UNION 1231.88 8/10/12 COUNTY CREDIT CARD 1, TELCO FED CREDIT UNION 1464.54 8/10/12 COUNTY CREDIT CARD 1, RDO EQUIPMENT CO. 750.00 8-13-12 E02367 HWY 1310 PACKER, REGIONAL HEALTH 183.81 5/3-7/19/12 PRIS BLOOD WORK, ALLEN REUER 60.00 8/6/12 BLOOD DRAW, RICOH USA, INC 505.00 8/10/12 87508172 COPIER RENT, RR WASTE SOLUTION 28.68 7/31/12 191860 WEED GARBAGE, RUNNING'S SUPPLY, INC 429.99 8-16-12 2826994 HWY 0325 PUMP, RUSHMORE COMMUNICATIONS 1045.59 7/31/12 RADIO REPAIRS, S&B MOTOR PARTS 9.98 8/14/12 12220 SO PARTS, DALE SCHEFFER 96.30 8/22/12 REIMB FOR CHEMICALS, DEAN SCHUELER 120.00 8/20/12 REIMB TREE SPRAYING, SD ASSOCIATION OF COUNTY COMM 1320.00 8/21/12 CONVENTION REGISTRATIO, SD EMERGENCY MANAGEMENT ASSOC 55.00 8/21/12 CONFERENCE REGISTRATIO, SERVALL TOWEL & LINEN 146.32 8/8-17/12 COUNTY RENTALS, SHOENER MACHINE & TOOL 5.80 4-17-12 72211 HWY TAP, ROGER SIETSMA 12.00 8/22/12 REIMB FOR CHEMICALS, MATTHEW L SKINNER, P.C. 25.55 8/7/12 COURT APPT ATTY FEE, MATTHEW T STEPHENS ESQUIR 860.00 8/16/12 COURT APPT ATTY FEE, SUNSHINE STORAGE 126.00 8/24/12 SEPT STORAGE FEES, RANDY TORKELSON 95.81 8/22/12 REIMB FOR CHEMICALS, VERIZON WIRELESS 163.95 8/4/12 COUNTY CELL PHONE 1, VERIZON WIRELESS 675.55 8/4/12 COUNTY CELL PHONE 1, WALMART COMMUNITY 58.86 8/8/12 T52M MAINT CLEANERS, GREG WARNE 798.07 8/22/12 REIMB FOR CHEMICALS, DIANNE WEGNER 66.36 8/22/12 REIMB FOR CHEMICALS, WEST PAYMENT CENTER 85.00 8/4/12 825508849 SA ONLINE, Z & S DUST CONTROL SERV. 1439.56 7-31-12 23636 HWY MAG WATER,