OFFICIAL PROCEEDINGS KINGSBURY COUNTYBOARD OF COUNTYCOMMISSIONERS

De Smet, South Dakota

April3, 2012

The Kingsbury County Board of County Commissioners met Tuesday, April3, 2012 at 8:30 AM in the County Commissioners meeting room in the Courthouse with Commissioners Lee, Madison, Jensen and Nelson present. Lembke was absent. ChmNelson presided.

APPROVE AGENDA

Lee moved and Walls seconded to approve the agenda as updated. All present voting aye, motion carried.

APPROVE MINUTES

Jensen moved and Lee seconded to approve the minutes of the March 28, 2012 meeting. All present voting aye, motion carried.

HIGHWAY

Dave Sorenson, Hwy Supt met with the Board and discussed highway matters.

Advertise for Bids

Lee moved and Jensen seconded to advertise for the opening of bids for inplace reprocessing (grinding) of County Road 10. All present voting aye, motion carried.

Bridges

Sorenson reported that the bridge inspector was in Kingsbury County and found four bridges that need repair.

RESOLUTION #2012-08

WHEREAS, Kingsbury County desires the replacement of the bridges hereinafter described:

STRUCTURE NUMBER AND LOCATION:

#39-354-020 and 3 miles south and 2.9 miles east of Badger

AND WHEREAS, Kingsbury County is obligated and hereby agrees to provide proper maintenance as required by the Federal Highway Act as amended and supplemented thereto for project after construction is completed and to regulate or cause to be regulated the installation of utility facilities within the limits of the right-of-way of the proposed project in accordance with State and Federal requirements.

AND WHEREAS, Kingsbury County is obligated and hereby agrees to reimburse the State for all costs not reimbursable with Bridge Replacement Funds.

AND WHEREAS, the bridge is in need of replacement for the following reasons:

  1. The sufficiency rating is 39.
  2. The bridge is not located on a County or Township designated Minimum Maintenance Road.
  3. The bridge is located on a mail route, a field to farm to market route, and a lake or recreation access route.
  4. The load carrying capacity of the existing bridge cannot be improved to carry legal loads by rehabilitation of the existing bridge.
  5. The land is not adjacent to land owned by the United States.

NOW THEREFORE BE IT RESOLVED:

That the South Dakota Department of Transportation be and hereby is authorized and requested to program for construction, in accordance with the “Local Road Plan” and the State’s “Standard Specifications for Roads and Bridges,” the bridge replacement or rehabilitation project at the above described location. Items to be handled by State forces with Federal Participation will include hydraulic study review, foundations investigation (if necessary), plan reviews, and construction administration.

Estimated Cost of Project Including Engineering: $300,000

Federal Share: $240,000

Local Share: $ 60,000

RESOLUTION #2012-09

WHEREAS, Kingsbury County desires the replacement of the bridges hereinafter described:

STRUCTURE NUMBER AND LOCATION:

#39-075-230 and 4 miles south and 3.5 miles east of Esmond

AND WHEREAS, Kingsbury County is obligated and hereby agrees to provide proper maintenance as required by the Federal Highway Act as amended and supplemented thereto for project after construction is completed and to regulate or cause to be regulated the installation of utility facilities within the limits of the right-of-way of the proposed project in accordance with State and Federal requirements.

AND WHEREAS, Kingsbury County is obligated and hereby agrees to reimburse the State for all costs not reimbursable with Bridge Replacement Funds.

AND WHEREAS, the bridge is in need of replacement for the following reasons:

  1. The sufficiency rating is 50.5.
  2. The bridge is not located on a County or Township designated Minimum Maintenance Road.
  3. The bridge is located on a school bus route, a mail route, and a field to farm to market route.
  4. The load carrying capacity of the existing bridge can be improved to carry legal loads by rehabilitation of the existing bridge.
  5. The land is not adjacent to land owned by the United States.

NOW THEREFORE BE IT RESOLVED:

That the South Dakota Department of Transportation be and hereby is authorized and requested to program for construction, in accordance with the “Local Road Plan” and the State’s “Standard Specifications for Roads and Bridges,” the bridge replacement or rehabilitation project at the above described location. Items to be handled by State forces with Federal Participation will include hydraulic study review, foundations investigation (if necessary), plan reviews, and construction administration.

Estimated Cost of Project Including Engineering: $300,000

Federal Share: $240,000

Local Share: $ 60,000

RESOLUTION #2012-10

WHEREAS, Kingsbury County desires the replacement of the bridges hereinafter described:

STRUCTURE NUMBER AND LOCATION:

#39-176-130 and 2 miles south and 2.6 miles east of DeSmet

AND WHEREAS, Kingsbury County is obligated and hereby agrees to provide proper maintenance as required by the Federal Highway Act as amended and supplemented thereto for project after construction is completed and to regulate or cause to be regulated the installation of utility facilities within the limits of the right-of-way of the proposed project in accordance with State and Federal requirements.

AND WHEREAS, Kingsbury County is obligated and hereby agrees to reimburse the State for all costs not reimbursable with Bridge Replacement Funds.

AND WHEREAS, the bridge is in need of replacement for the following reasons:

  1. The sufficiency rating is 40.
  2. The bridge is not located on a County or Township designated Minimum Maintenance Road.
  3. The bridge is located on a mail route, and a field to farm to market route.
  4. The load carrying capacity of the existing bridge can be improved to carry legal loads by rehabilitation of the existing bridge.
  5. The land is adjacent to land owned by the United States.

NOW THEREFORE BE IT RESOLVED:

That the South Dakota Department of Transportation be and hereby is authorized and requested to program for construction, in accordance with the “Local Road Plan” and the State’s “Standard Specifications for Roads and Bridges,” the bridge replacement or rehabilitation project at the above described location. Items to be handled by State forces with Federal Participation will include hydraulic study review, foundations investigation (if necessary), plan reviews, and construction administration.

Estimated Cost of Project Including Engineering: $300,000

Federal Share: $240,000

Local Share: $ 60,000

RESOLUTION #2012-11

WHEREAS, Kingsbury County desires the replacement of the bridges hereinafter described:

STRUCTURE NUMBER AND LOCATION:

#39-309-120 and .5 miles south and .2 miles east of Hetland

AND WHEREAS, Kingsbury County is obligated and hereby agrees to provide proper maintenance as required by the Federal Highway Act as amended and supplemented thereto for project after construction is completed and to regulate or cause to be regulated the installation of utility facilities within the limits of the right-of-way of the proposed project in accordance with State and Federal requirements.

AND WHEREAS, Kingsbury County is obligated and hereby agrees to reimburse the State for all costs not reimbursable with Bridge Replacement Funds.

AND WHEREAS, the bridge is in need of replacement for the following reasons:

  1. The sufficiency rating is 52.4.
  2. The bridge is not located on a County or Township designated Minimum Maintenance Road.
  3. The bridge is located on a Federal Aide Route, a school bus route, and a mail route.
  4. The load carrying capacity of the existing bridge cannot be improved to carry legal loads by rehabilitation of the existing bridge.
  5. The land is not adjacent to land owned by the United States.

NOW THEREFORE BE IT RESOLVED:

That the South Dakota Department of Transportation be and hereby is authorized and requested to program for construction, in accordance with the “Local Road Plan” and the State’s “Standard Specifications for Roads and Bridges,” the bridge replacement or rehabilitation project at the above described location. Items to be handled by State forces with Federal Participation will include hydraulic study review, foundations investigation (if necessary), plan reviews, and construction administration.

Estimated Cost of Project Including Engineering: $300,000

Federal Share: $240,000

Local Share: $ 60,000

RESOLUTION #2012-12

WHEREAS, Kingsbury County desires the replacement of the bridges hereinafter described:

STRUCTURE NUMBER AND LOCATION:

#39-076-170 and 2 miles north and 3.6 miles east of Esmond

AND WHEREAS, Kingsbury County is obligated and hereby agrees to provide proper maintenance as required by the Federal Highway Act as amended and supplemented thereto for project after construction is completed and to regulate or cause to be regulated the installation of utility facilities within the limits of the right-of-way of the proposed project in accordance with State and Federal requirements.

AND WHEREAS, Kingsbury County is obligated and hereby agrees to reimburse the State for all costs not reimbursable with Bridge Replacement Funds.

AND WHEREAS, the bridge is in need of replacement for the following reasons:

  1. The sufficiency rating is 42.10.
  2. The bridge is not located on a County or Township designated Minimum Maintenance Road.
  3. The bridge is located on a mail route and a field to farm to market route.
  4. The load carrying capacity of the existing bridge cannot be improved to carry legal loads by rehabilitation of the existing bridge.
  5. The land is not adjacent to land owned by the United States.

NOW THEREFORE BE IT RESOLVED:

That the South Dakota Department of Transportation be and hereby is authorized and requested to program for construction, in accordance with the “Local Road Plan” and the State’s “Standard Specifications for Roads and Bridges,” the bridge replacement or rehabilitation project at the above described location. Items to be handled by State forces with Federal Participation will include hydraulic study review, foundations investigation (if necessary), plan reviews, and construction administration.

Estimated Cost of Project Including Engineering: $300,000

Federal Share: $240,000

Local Share: $ 60,000

Bid Letting

Pursuant to Notice of Call for Sealed Bids as published in the official newspapers of the County, bids have been received by the County Auditor for furnishing Kingsbury County with the following items:

Item 1, Road Oil, transport deliveries; Item 2, Asphalt Mix; Item 3,Gravel Crushing; Item 4, Gas and Fuel.

Following are bidders, accepted bids and award of contract for various items. All bids, accepted and rejected, are available for inspection at the County Auditor’s Office during normal working hours.

Item 1

Two bids were received for Road Oil. Bidders were Jebro Inc. and Flint Hills Resources. Walls moved and Lee seconded to award the contract to Flint Hills Resources for the low bid as follows: MC 3000’s $701.39/ton. All present voting aye, motion carried.

Item 2

Three bids were received for the Asphalt Mix. Jamir Reclamation, Inc., Asphalt Paving and McLaughlin-Schultz were the bidders. Lee moved and Jensen seconded to accept all bids for Class E material because the hwy dept usesvarious plants depending on the location that the highway department is working at in the county. All present voting aye, motion carried.

Item 3

Three bids were received for gravel crushing. Bidders were Rechnagel Construction Company, Brownlee Construction and Sterzinger Crushing. Walls moved and Lee seconded to accept the low bid of $1.83 per ton from Rechnagel Construction. All present voting aye, motion carried.

Item 4

Two bids were received for gas and fuel. The bidderswere Stern Oil Company and Cole’s Petroleum. Jensen moved and Lee seconded to accept the bid from Cole’s Petroleum for $3.82/gallon for #1 Diesel Fuel, $3.48/gallon for #2 Diesel Fuel and $3.665/gallon for Unleaded Ethanol Blend.

Executive Session

Jensen moved and Lee seconded to adjourn from regular session and move into executive session for personnel at 9:24 AM. All present voting aye, motion carried.

Walls moved and Jensen seconded to adjourn from executive session and move back into regular session at 9:45 AM. All present voting aye, motion.

DIRECTOR OF EQUALIZATION

Tammy Anderson, DOE met with the Board to request travel expenses for the Sales Ratio Workshop on June 15, 2012 for herself and the deputy DOE. D-Lee moved and Nelson seconded to approve the travel expenses for the DOE office. All present voting aye, motion carried.

Executive Session

Jensen moved and Lee seconded to adjourn from regular session and move into executive session for personnel at 10:06 AM. All present voting aye, motion carried.

Lee moved and Walls seconded to adjourn from executive session and move back into regular session at 10:15 AM. All present voting aye, motion.

4-H OFFICE

Aren Field, 4-H Program Youth Advisor met with the Board. Field introduced Rhona Albrecht as the new support staff for her office.

Summer Employee

Field requested to hire a summer employee for a maximum of 200 hours and to be paid at minimum wage of $7.25/hr.

Walls moved and Jensen seconded to approve the request. All present voting aye, motion carried.

ABATE TAXES

Eileen Wolkow from the City of DeSmet met with the Board to request the abatement of the second half of taxes in the amount of $1270.19 on the Wells Fargo building that the City bought.

Jensen moved and Lee seconded to abate taxes for the City of DeSmet. All present voting aye, motion carried.

NETWORKING IN COURTHOUSE

Jennifer Albrecht, Auditor reported that the Auditor’s and Treasurer’s office has been having problems with the software in their offices since January. The County’s software provider believes the problem is in the networking and will need to be updated.

Lee moved and Walls seconded to approve the networking update in the courthouse. All present voting aye, motion carried.

EMERGENCY MANAGEMENT

Cindy Bau, EM Director met with the Board to have them sign the 2012 Emergency Management State and Local Agreement in which the State will reimburse the county for one half of the EM Director’s salary and benefits.

Walls moved and Jensen seconded to authorize the Chairman to sign the 2012 SLA. All present voting aye, motion carried.

Ulteig Engineering

Chad Stensland from Ulteig Engineering met with the Board to discuss the cleanout of the channel at Lake Thompson. They have reviewed old studies of the channel and indicated that a clean out probably wouldn’t do much because the channel is so flat. Several landowners from around the lake were present.

PLAT RECORDING

Walls moved and Lee seconded that the following resolutions be passed and approved for recording. All present voting aye, motion carried.

Resolution #2012-13

Lot 1 of Ward’s Addition in the SW ¼ of Section 4, Township 110 North, Range 53 West of the 5th P.M. in Kingsbury County, South Dakota be approved by the Board of County Commissioners.

Resolution #2012-14

Plat of Brodersen Lot 1 in the SW ¼ and Access Easement Tract 1 in the NW ¼ of Section 21-T110N-R56W of the 5th P.M., Kingsbury County, South Dakota be approved by the Board of County Commissioners.

Resolution #2012-15

Plat of Brodersen Conservation Easement Tract 1 in the NW ¼ and in Brodersen Lot 1 in the SW ¼ of Section 21-T110N-R56W of the 5th P.M., Kingsbury County, South Dakota be approved by the Board of County Commissioners.

ABATEMENT REQUEST

Lee moved and Walls seconded to deny the abatement request from the Arlington Community Development Corporation because they didn’t meet the November 1, 2011 filing deadline. All present voting aye, motion carried.

REQUEST TO RELEASE LIEN

The Board received a letter from Ericsson and Giles, LLP requesting the Board to release a lien on his client’s property.

Walls moved and Jensen seconded to deny the request to release the lien on the property. All present voting aye, motion carried.

SENIOR FREEZE

Elaine Blachford, Treasurer met with the Board to ask that they approve a senior freeze application that will reduce the applicant’s taxes payable in 2012 by $486.86.

Lee moved and Walls seconded to approve the senior freeze for Applicant #1. All present voting aye, motion carried.

APPROVE CLAIMS

Walls moved and Lee seconded that the following claims presented to the Board for consideration be approved and the County Auditor be directed to issue warrant checks for payment of same. All present voting aye, motion carried.

COURTHOUSE SALARIES $ 34,885.94

HIGHWAY SALARIES 15,305.63

PAYROLL DEDUCTIONS

Appletree Institute 14,071.34

Conseco Health Company 125.55

AFLAC 537.69

H & B Federal Credit Union 675.00

KingsburyCounty Treasurer6400.00

The Principal Financial Group 204.48

Delta Dental 403.40

Avesis 147.29

SD Retirement System 8547.80

SD Retirement System 159.86

SD Retirement System 100.00

EBT-Withholding & Social Security 15,930.64

MISCELLANEOUS

A&B BUSINESS SOLUTIONS, INC. 44.16 SUPPLIES, TAMMY ANDERSON 42.55 MILEAGE, ARS 8858.00 ROOFING, AT&T 95.26 CELLULAR SERVICE, AT&T 261.50 CELLULAR SERVICE, BADGER OIL COMPANY 309.15 FUEL, BALDRIDGE AND NELSON 1015.00 ROOFING FEES, BASZLER HEALTH SERVICES 140.00 BLOOD TESTING, BEADLE COUNTY SHERIFF 2530.00 PRISONER HOUSING, BOYER FORD TRUCKS 762.88 REPAIR, BRENDA JENNINGS 10.79 MEAL, BRICK ELECTRONICS 100.00 REPAIR, BUTLER MACHINERY COMPANY 840.35 SUPPLIES, CENTURY BUSINESS PRODUCTS 2850.00 COPY MACHINE, CHESTERMAN CO 34.99 POP MACHINE, COMPLETE AUTOMOTIVE 37.05 OIL CHANGE, CONNECTING POINT 57.50 NETWORKING, CROSSROADS MOTEL 93.00 MOTEL, DALE CURRIER 7.76 MEAL, SMITH'S LUMBER 27.98 SUPPLIES, AVERA DESMET HOSPITAL 142.00 BLOOD TESTING, DE SMET NEWS 124.44 PUBLISHING, DE SMET NEWS 1412.56 PUBLISHING, DE SMET WELDING 2042.49 REPAIR, DAIRY QUEEN 7.78 MEAL, DVL FIRE AND SAFETY 298.15 FIR EXTINGUISHER, FAIRBOARD 250.00 RENT, ANGELICA FECHNER 57.00 INTERPRETER, DENNIS FORTHMAN 21.66 MEAL, GREGG GASS 54.00 CERTIFIED COPIES, GASS LAW OFFICE 1499.32 INVOULANTARY COMMITTMENT, GENERAL STORE 14.79 SHIPPING, GOOD SAMARITAN SOCIETY 1000.00 FLOOR SCRUBBER, INTERLAKES COMMUNITY ACTION 251.34 COMMUNITY SERVICE WORKER, JENNINGS CONSTRUCTION 9900.00 ROCK, JOE JENSEN 80.66 MILEAGE, STEVEN JENSEN 106.64 WEED BOARD, KINGSBURY COUNTY TREASURER 255.95 POSTAGE, ROGER LEE 172.58 TRAVEL, AUDREY LEMBKE 146.52 MILEAGE, LEWIS DRUG STORES 56.66 PRISONER MEDICATION, PRAIRIE AG PARTNERS 20.00 FUEL, LAKE PRESTON TIMES 109.19 PUBLISHING, LAKE PRESTON TIMES 1081.32 PUBLISHING, LYLE SIGNS, INC. 212.04 SUPPLIES, MAYNARD'S FOOD CENTER 28.10 SUPPLIES, MAYNARD'S FOOD CENTER 43.84 SUPPLIES, MCLEODS PRINTING & OFFICE SUPP 198.34 SUPPLIES, MEDIACOM 116.55 INTERNET, GEORGE NORGAARD 6.48 MEAL, O'KEEFE IMPLEMENT 413.44 SUPPLIES, O'KEEFE IMPLEMENT 554.69 REPAIR, OFFICE PEEPS INC 42.41 SUPPLIES, OFFICE PEEPS INC 466.46 SUPPLIES, PALMLUND AUTOMOTIVE 16.98 REPAIR, PRAXAIR DISTRIBUTION INC. 79.39 SUPPLIES, QUILL 230.99 SUPPLIES, QUILL 116.35 SUPPLIES, ELDON RAUCH 93.32 WEED BOARD, REDWOOD TOXICOLOGY LAB 60.00 TESTING, RFD NEWS GROUP 5.00 PUBLISHING, RICH'S GAS & SERVICE 2176.55 OIL, RICH'S GAS & SERVICE 54.00 FUEL, ADRIAN L. SCHMAHL 10.64 MEAL, KENT SCKERL TREE SERVICE 100.00 TREE TRIMMING, KEVIN M. SCOTTING 116.00 CORONER, SD FEDERAL PROPERTY AGENCY 27.75 SUPPLIES, SD HOMELAND SECURITY 300.00 REGISTRATION, SDML WORKERS' COMP FUND 377.00 CONTRIBUTION, SDPAA 81.00 COVERAGE, SD POLICE CHIEFS' ASSN 95.00 REGISTRATION, SD SHERIFF'S ASSN 160.00 REGISTRATION, SERVALL TOWEL & LINEN SUPPLY 38.12 SUPPLIES, SERVALL TOWEL & LINEN SUPPLY 48.30 MAINT, SIOUX FALLS TWO WAY RADIO 50.00 LICENSING FEE, SIOUX FALLS TWO WAY RADIO 24045.00 PROGRAMMING, STEVE SIVER 7.50 FUEL, DAVID SORENSON 6.30 MEAL, SPENCER QUARRIES 1602.13 SUPPLIES, KENNETH SPRANG 8.51 MEAL, STEVE STRANDE 4.67 SUPPLIES, STURDEVANTS AUTO 170.24 SUPPLIES, DENNIS E TOWER JR 9.42 MEAL, TRUENORTH STEEL 1144.00 SUPPLIES, TRUSTWORTHY HARDWARE 159.03 SUPPLIES, TRUSTWORTHY HARDWARE 48.50 SUPPLIES, ERLAND WEERTS 109.60 WEED BOARD, WILKINSON & WILKINSON 345.22 COURT APPOINTED ATTORNEY, AMY WILKINSON 126.99 TRAVEL, WW TIRE 1035.00 TIRES, WW TIRE 49.95 TIRES, YANKTON COUNTY SHERIFF OFFICE 25.00 SERVE PAPERS, ZEP MANUFACTURING 189.62 SUPPLIES,