April 3, 2012
STANLEY COUNTY COMMISSION
MINUTES
APRIL 3, 2012
The regular meeting of the Stanley County Commissioners was called to order at 8:09 a.m. (CDT) by Chairman Dennis Booth with Commissioners Marsha Davenport, Dana Iversen, D. D. Jacobson and Brian Scott present. Director of Equalization Don Wiedemer, Highway Superintendent Leo Sullivan, State’s Attorney Thomas P. Maher, Treasurer Sonny Harrowa, Auditor Karen Sharp, Emergency Management Director Rob Fines, Lance Nixon, James Forney, Brad Lawrence, Terry Kvislen, Iris Meligan and Dr. Rodney Viscarra were also present.
AGENDA: Motion by Scott, second by Iversen, to approve the Agenda with the addition of PILT, Excel Classes and Fairgrounds. All voted Aye. Motion carried.
MINUTES: Motion by Iversen, second by Jacobson, to approve the Minutes of March 6, 2012. All voted Aye. Motion carried.
CLAIMS: Claims were reviewed, and the claims of Larry’s Plumbing and Scott’s Fencing were pulled as they are to be paid by the Chamber. Motion by Davenport, second by Jacobson, to approve the remaining claims as presented. All voted Aye. Motion carried.
AMERICAN MEDICAL RESPONSE INC 1,143.35 FEBRUARY SUBSIDY
AT&T MOBILITY 46.22 UTILITIES
MALLORI BARNETT 254.20 DH - CRT APPT ATTY
REBECCA BARTON 20.00 SUBPOENA
BEST WESTERN OF HURON 162.42 LEO SULLIVAN
BLACK HILLS CHEMICAL & JANITOR 145.10 SUPPLIES
BOB BAK CONSTRUCTION 44,600.00 SUPPLIES
BOTTOM LINE WELDING 447.72 REPAIRS/MAINT.
BROWN & SAENGER 305.00 LASER CHECKS
Butler Machinery Co. 1,973.63 SUPPLIES
CAPITAL AREA COUNSELING INC 522.00 QMHP EVALUATIONS
CAPITAL AREA REFUSE LLC 58.00 TRASH BILLING
CAPITAL JOURNAL 753.94 ADVERTISING
CATLIN'S CAR CLINIC 110.96 PICKUP REPAIRS CENTURYLINK 164.54 4 CORNERS
CHANDLERS INC AUTO GLASS/RECYCL 35.00 WINDSHIELD REPAIR
CHOLIK SIGN COMPANY 20.00 STANLEY COUNTY DECALS COMMUNITY YOUTH INVOLVED CTR. 1,666.66 APRIL SUPPORT
COUNTRY CARPET & FLOORING 707.45 SUPPLIES
CAPITAL JOURNAL 120.00 TRAVEL & CONF.
DAKOTA BUSINESS CENTER 85.64 SUPPLIES
MARSHA DAVENPORT 40.00 PLANNING/ZONING MEETING
DIAMOND MOWERS, INC. 241.69 SUPPLIES
PAT DOUGHERTY 47.40 PLANNING/ZONING MEETING
DUFFY LAW OFFICE 418.20 COURT APPT ATTY
EDDIES TRUCK SALES 5,048.69 SUPPLIES
WADE FISCHER 3,025.11 COURT APPT ATTY
FLEET SERVICES 12,091.89 SUPPLIES
FORT PIERRE FIRE DEPT 14,425.00 2ND-QTR PAYMENT
FORT PIERRE CITY 1,186.29 UTILITIES
FOUR CORNERS FIRE DEPTMENT 4,500.00 2ND QTR PAYMENT
FRIMAN OIL AND GAS CO. 615.77 SUPPLIES
GOLDEN WEST TELECOMMUNICATIONS 334.04 911 SERVICES
LORI J. GRODE 51.00 TRANSCRIPT
AMBER HODGIN 20.00 SUBPOENA
HUGHES COUNTY AUDITOR 13,000.00 JUV/ADULT FEB JAIL BILLING
INLAND TRUCK PARTS CO. 44.30 SUPPLIES
LURA KIRKPATRICK 83.66 WEED/PEST MEETING
KLEINS OFFICE PLUS 15.11 SUPPLIES
SHAUN LEAFGREEN 40.00 PLANNING/ZONING MEETING
THOMAS P MAHER 2,566.66 PROFESSIONAL SERVICES
MELVIN'S FLOWER SHOP, INC. 49.50 MEMORIAL
MICRO-FIX COMPUTERS 70.00 VIRUS REMOVAL
MICROFILM IMAGING SYSTEMS INC 375.00 MONTHLY EQUIP RENT
MICROFIX, INC. 254.00 SUPPLIES
MIDCONTINENT COMMUNICATION 206.70 UTILITIES
MN WIRELESS, LLC 69.00 UTILITIES
MONTANA-DAKOTA UTILITIES CO 217.34 UTILITIES
MORRIS, INC. 76.62 SUPPLIES
PIERRE CITY 110.00 MEDICAL DIRECTOR AGREEMENT
PITNEY BOWES GLOBAL 136.95 RENTAL AGREEMENT
PURCHASE POWER 471.28 ACCT #8000909002511017
QUILL CORPORATION 1,935.44 SUPPLIES
RESERVE ACCOUNT 387.60 OFFICE POSTAGE RUNNINGS 295.34 SUPPLIES
JENNIFER SCHULTZ 20.00 SUBPOENA
JEREMY SCHULTZ 20.00 SUBPOENA
SCOTT FENCING & TRENCHING 2,625.00 REPAIRS & MAINTENANCE
SD BUREAU OF ADMINISTRATION 9.34 UTILITIES
SD DEPARTMENT OF REVENUE 1,615.00 2ND QUARTER PAYMENT
SD ASSOC. OF CO WEED/PEST BRD 150.00 ANNUAL DUES
SDML WORKERS COMPENSATION FUND 292.00 WORKMAN'S COMP
SERVALL UNIFORM & LINEN 48.97 REPAIRS/MAINT.
SHANE'S PHARMACY 14.98 PRESCRIPTION
STANLEY COUNTY OFFICE 260.00 EMPLOYEE FLU SHOTS
STANLEY COUNTY LAW ENFORCEMENT 47,480.50 2ND QTR PAYMENT
STERN OIL CO. INC. 1,957.25 SUPPLIES
AJ STOESER 72.20 WEED/PEST MEETING
RODNEY STOESER 44.44 PLANNING/ZONING MEETING
SUTLEY’S TOWN & RANCH 11.62 SUPPLIES
TJ TECHNOLOGIES, INC. 115.96 SUPPLIES
TRUENORTH STEEL 477.00 SUPPLIES
ULTRA INC 450.00 SYMANTEC PROTECTION
MONA WEIGER 144.40 TRANSCRIPT COMPENSATION
WW TIRE SERVICE, INC 808.56 SUPPLIES
RANDY YOST 72.20 WEED/PEST MEETING
YOUNGBERG & SONS INC 85.00 SUPPLIES
ZARECKY'S MIDWEST CONSTRUCTION 6,041.66 LIGHTING COMPLETE
AUDITOR AND TREASURER REPORTS were presented to the Commissioners by Auditor Karen Sharp and Treasurer Sonny Harrowa.
HIGHWAY DEPARTMENT: Discussed purchase and sale of blade; flood reimbursements; replacement of culverts, road conditions, completion of gravel crushing, gravel request by the school for parking lot and employee quitting time. Sullivan requested hiring John Hillmer for part-time summer help starting April 4, 2012, at $13.50 per hour wage. Motion by Jacobson, second by Iversen, to hire John Hillmer part-time at $13.50 per hour beginning April 4, 2012. All voted Aye. Motion carried.
Discussion was had regarding the gravel for the parking lot requested by the school. Motion by Jacobson, second by Scott, to donate $3,500.00 to the Stanley County School District for purchase of gravel that would match the required engineer fill and that the school could also use the County’s crushed concrete for fill. All voted Aye. Motion carried.
EMERGENCY MANAGEMENT: Rob Fines and James Forney discussed with the Commissioners the drainage problem on Forney’s property due to the levy not being completely removed and Cullan Deis adding to it along the golf course. Forney requested a remedy from the County since the County is the governing body regarding drainage issues. Commissioners will consult with the State’s Attorney and Forney will have his attorney, Rob Anderson, contact the State’s Attorney. Motion by Jacobson, second by Scott, to have the State’s Attorney review and advise how to proceed with the matter. All voted Aye. Motion carried.
Rob Fines recommended the County adopt a burn ban resolution, and he will give public notice of the same. Motion by Davenport, second by Scott, to adopt Resolution 2012-05. All voted Aye. Motion carried.
STANLEY COUNTY
RESOLUTION 2012- 05
WHEREAS, Stanley County has Ordinance No. 2009-01 FOR THE REGULATION OF FIRE HAZARDS IN STANLEY COUNTY; and
WHEREAS, Stanley County has a substantial amount of remaining vegetation this spring, increasing the potential fuel for a fire; and
WHEREAS, Stanley County is now experiencing very dry conditions due to lack of moisture late this winter and into spring; and
WHEREAS, Stanley County is dedicated to taking steps to protect the health and safety of all residents of the County and all property within the County, and
WHEREAS, the Stanley County Commission has consulted with local fire officials and law enforcement officials in regard to the severity of this issue; and
WHEREAS, for purposes of this Resolution, “open burning” shall be defined as any outdoor fire, including but not limited to campfires, warming 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; and
WHEREAS, conditions of extreme fire hazard now exist in Stanley County;
NOW THEREFORE BE IT RESOLVED that the Stanley County Commission enact this resolution on an emergency basis and impose a ban to prohibit or restrict open burning in order to protect the public health and safety pursuant to South Dakota Codified Law 7-8-20(18); and be it
FURTHER RESOLVED that the burn ban will be effective 9:00 AM, April 4, 2012; and be it
FURTHER RESOLVED that the ban will be in place until fire conditions improve and the Commission takes action to remove the ban.
DATED this 3rd day of April, 2012.
ATTEST: Dennis Booth, Chairman
Karen Sharp, Auditor Stanley County Commission
PLANNING & ZONING VERIZON CONDITIONAL USE PERMIT: Wiedemer advised that Verizon had been approved to build a tower in 2007, but it was never built. There were no objections, it has been approved by Planning and Zoning and advertised for approval by the Commissioners. Motion by Jacobson, second by Iversen, to approve the location and conditional use permit by Verizon to build a tower on the Todd Scott property south of Fort Pierre. All Aye. Motion carried.
ABATEMENTS: Edwards -- Mobile home had been surrounded by water, which was later removed and replaced by another elevated mobile home. Motion by Iversen, second by Scott to table. All voted Aye. Motion carried.
Fonder -- Closed on house and flooded two weeks later. Notice of foreclosure has been filed with Register of Deeds. Motion to table by Iversen, second by Scott. All voted Aye. Motion carried.
Commissioners and State’s attorney discussed the need to be uniform in granting/rejecting abatements. The Board of County Commissioners utilized a uniform approach concerning tax abatement for homes that were damaged by the flood. The general method or approach was to pro-rate the abatement, based upon the period between the commencement of the flood and the applicants’ return home within 2011; and to measure the damage to the home, based upon the pre-flood and the post-flood assessed value of the home. The impact that the requested abatement would have upon the taxpayers of Stanley County and the County’s ongoing operations and other financial commitments was also considered; and further reliance was given to information and evidence submitted by the aggrieved taxpayer and the Stanley County Assessor in order to determine the amount of tax abatement, including the original tax bill, the description and evidence of damage to the subject property, and other information concerning the condition of the subject property.
Forney, James and Sharon: Requested an abatement of 2011 taxes in the sum of $1,960.00. Motion by Jacobson, second by Scott, to abate $850.00. All voted Aye. Motion carried.
Kvislen, Terry and Arlene: Requested an abatement of 2011 taxes in the sum of $1,327.92. Motion by Scott, second by Davenport, to abate $80.00. All voted Aye. Motion carried.
Riter, Carolyn: Requested an abatement of 2011 taxes in the sum of $1,959.36. Motion by Scott, second by Jacobson, to abate $116.00. All voted Aye. Motion carried.
Viscarra, Rodney and Dale: Requested an abatement of 2011 taxes in the sum of $4,161.30. Viscarra amended requested abatement, including residence and lot value to $2,880.00. Motion by Iversen, second by Davenport, to abate $2,880.00. All voted Aye. Motion carried.
Ulmen, James and Judith: Requested an abatement of 2011 taxes in the sum of $4,111.43. Motion by Iversen, second by Davenport, to abate $478.00. All voted Aye. Motion carried.
Gallimore, Donald and Donna: Requested an abatement of 2011 taxes in the sum of $432.66. Motion by Scott, second by Iversen, to abate $233.00. All voted Aye. Motion carried.
Pearson, Glennis: Requested an abatement of 2011 taxes in the sum of $687.28. Motion by Scott, second by Davenport, to abate $460.00. All voted Aye. Motion carried.
Fonder, Matthew and Caralynn: Requested an abatement of 2011 taxes in the sum of $1,782.23. Motion by Scott, second by Jacobson, to abate $983.00. All voted Aye. Motion carried.
Edwards, Philena M.: Requested an abatement of 2011 taxes in the sum of $106.00. Motion by Iversen, second by Scott, to abate $106.00. All voted Aye. Motion carried.
RECESS: Motion by Jacobson, second by Scott, to recess until 1:00 p.m. (CDT). All voted Aye. Motion carried. Chairman Booth reconvened the meeting at 1:06 p.m. (CDT).
GOOD FRIDAY: Commissioners were advised that the Governor had declared state government office to be administratively closed the afternoon of Good Friday, and pursuant to Stanley County’s Personnel Policy Stanley County offices would also be closed.
BANKHEAD JONES: Motion by Scott, second by Jacobson to keep all the Bankhead Jones funds received for county road purposes. All voted Aye. Motion carried.
PILT: Motion by Iversen, second by Scott, to split PILT monies received in 2012 as follows: County 39.02%; School 50%; Fire 2.54%; Road and Bridge 6.73%; Courthouse 1.71%. All voted Aye. Motion carried.
ENERGY GRANT: Commissioners were advised that Marlene Knutson, Executive Director of Central SD Enhancement District, is satisfied with the completion of the paperwork for the energy grant and all liens, releases and payrolls have been taken care of.
EXTENSION/4-H: Mark Rowen had asked if the Extension/4-H could use some space on the County’s web page. Permission was granted. Rowen will be contacting Booth regarding some needed remodeling.
SCHOOL ART CLASS AND 4-H: The school art classes and 4-H have expressed an interest in doing some type of artwork on the back of the panels in the entrances of the courthouse next fall/winter. Auditor will advise the groups that the Commissioners have given their okay, and the two groups are to come up with some type of plan with costs, etc.
SURPLUS PROPERTY: Motion by Scott, second by Jacobson, that Department Heads present a list to the Commission before selling, trading, destroying or otherwise disposing of consumable supplies, printed text or subscriptions that do not require a surplus property motion. All voted Aye. Motion carried.
EXCEL CLASSES: Motion by Jacobson, second by Davenport, to allow Stanley County employees to take Excel basic and intermediate classes. Attendance is to be staggered so that county offices will not be closed. All voted Aye. Motion carried.
BOARD OF EQUALIZATION meeting set for Tuesday, April 10, 2012, at 6:30 p.m. (CDT).
SALARIES BY OFFICE: Commissioners, $3,975.90; Auditor, $9,106.00; Treasurer, $8,366.96; States Attorney, $9,9725.84; Custodian, $4,500.20; Director of Equalization, $13,452.37; Register of Deeds, $5,082.61;Road and Bridge, $39,707.94; Community Health Secretary, $3,866.92; WIC Secretary, $414.86; Wellmark Blue Cross/Blue Shield, employee insurance, $12,878.72; SD Retirement System, withheld and match, $8,827.20; SD Supplemental Retirement, employee contribution, $2,635.00; Electronic Transfer, FICA, Medicare and Withholding Tax, $16,396.52.
AUDITOR’S ACCOUNT WITH THE TREASURER:
February, 2012
Cash on Hand $1,385.15
Checks (less than 3 days) -- $7,875.25
Petty Cash $200.00
First National Bank -- $63,452.96
MKKT. ACCT. – First National Bank -- $2,540,795.80
MKKT. ACCT. – American State Bank -- $66,399.42
SD FIT -- $6,007.65
Total -- $2,686,116.02
REGISTER OF DEEDS:
Regular fees, February, 2012 --- $1,379.30
Transfer fees, February, 2012 -- $1,154.00
AUDITOR’S ACCOUNT WITH THE TREASURER:
March, 2012
Cash on Hand -- $2,228.58
Checks (less than 3 days) -- $8,339.46
Petty Cash -- $200.00
First National Bank -- $27,955.65
MKKT. ACCT. – First National Bank -- $2,504,554.87
MKKT. ACCT. – American State Bank -- $66,425.73
SD FIT -- $6,007.79
Total --$2,615,712.08
REGISTER OF DEEDS:
Regular fees, March, 2012 --- $1,979.60
Transfer fees, March, 2012 -- $ 2,040.00
ADJOURN: Motion to adjourn at 2:20 p.m. (CDT) by Scott, second by Iversen. All voted Aye. Motion carried. Meeting adjourned.
ATTEST: BOARD OF STANLEY COUNTY COMMISSIONERS
Karen K. Sharp, Auditor Dennis Booth, Chairman