COMMISSIONER’S PROCEEDINGS



COMMISSIONER’S PROCEEDINGS

REGULAR SESSION

July 7, 2020

The Lyman County Commissioners met in regular session in the Conference Room in the Courthouse at Kennebec, South Dakota, July 7, 2020, at 8:30 a.m. with the following members present: Chairman Bill Lengkeek, Leslie Reuer, Zane Reis, Jared Schelske, Ryan Huffman and Auditor Deb Halverson.

CALL TO ORDER:

Chairman Lengkeek called the meeting to order with the pledge to the flag.

ADOPT AGENDA:

Motion by Schelske, seconded by Reuer to adopt the agenda. All voting aye.

APPROVE MINUTES:

Motion by Huffman, seconded by Reis to approve the minutes of June 16, 2020. All voting aye.

APPROVE BILLS:

Motion by Reis, seconded by Reuer to pay the following bills. All voting aye.

|Commissioners Salary |5,216.07 |

|Election Expense |37.44 |

|Auditor's Office Salary |8,101.54 |

|Treasurer's Office Salary |9,019.94 |

|States Attorney Salary |5,164.38 |

|Courthouse Salary |4,205.96 |

|Director of Equalization's Office Salary |5,436.58 |

|Register of Deed's Office Salary |7,233.91 |

|Veterans Service Office Salary |362.61 |

|Sheriff's Office Salary |22,749.47 |

|Coroners Salary |173.47 |

|Nurse & WIC Salary |2,876.65 |

|Historical Society |1,504.95 |

|Extension Salary |411.10 |

|Weed Salary |568.25 |

|R&B Construction Salary |35,318.91 |

|R&B Administration Salary |9,095.89 |

|Emergency Management Service Salary |2,536.96 |

|Total June 2020 Salary |$120,014.08 |

|Allegiant Emergency Services Inc - Rescue Truck Supplies |$3,169.60 |

|AT&T - Sheriff's Office Cell Phones |188.38 |

| Emergency Manager Cell Phone |45.32 |

| RB Cell Phone |48.44 |

|Axon Enterprise Inc - Sheriff's Office Tasers |$2,504.00 |

|BankWest Insurance - Vivian Fire Dept. Expense |5,281.00 |

|BJ's Food Center - Courthouse Supplies |100.84 |

|Bomgaars - RB Supplies |35.31 |

| RB Parts |5.48 |

|Brule County Auditor - 4-H Supplies |21.42 |

| 4-H Travel |47.82 |

| Prisoner Board |5,940.00 |

|Cardmember Service - Sheriff's Office Supplies |8.01 |

|Chamberlain Napa - RB Parts |26.65 |

|DakotAbilities - Care of Poor |180.00 |

|DS Solutions - 2020 Primary Election Expense |245.00 |

|Election Systems & Software LLC - Primary Election Supplies |2,461.42 |

|Fischer Law Office, Prof LLC - Court Appointed Attorney Fees |2,256.40 |

|Galls - Sheriff's Office Supplies |90.00 |

|Grand Jury Expense |674.72 |

|Halverson, Debra - Daycare Flex |600.00 |

|Henriksen Autobody - RB Parts & Repairs |791.49 |

|Hills Trucking - RB Culvert Hauling |550.00 |

|Hughes County Finance Office - Juvenile Prisoner Board |737.50 |

|IntelliPro Security, LLC - Courthouse Security Cameras |8,865.90 |

|K&M Tire - Sheriff's Vehicle Expense |235.40 |

|Kennebec Telephone Co. - Commissioners Room Phone |46.68 |

| Auditor Phone, Modem & DSL |111.06 |

| Treasurer Phone & DSL |69.91 |

| States Attorney Phone & DSL |58.05 |

| DOE Phone & DSL |68.35 |

| ROD Phone & DSL |61.63 |

| VSO Phone & DSL |63.05 |

| Sheriff's Office Phone & DSL |358.76 |

| Extension Phone & DSL |60.05 |

| RB Office & Shop Phones & Fax Line |194.88 |

| 911 Phone |144.00 |

| Sheriff's Office Computers |5,133.00 |

| RB Equipment Rent |395.00 |

| RB Supplies |44.25 |

| RB Parts & Repairs |330.70 |

|Konrad Law Prof LLC - Court Appointed Attorney Fees |428.55 |

|Janssen Law Prof LLC - Court Appointed Attorney Fees |205.84 |

|June 2020 Apportionment - Schools |167,662.71 |

|June 2020 Apportionment - Cities |11,972.37 |

|June 2020 Apportionment - Townships |2,581.21 |

|June 2020 Apportionment - WR/LJ Water District |236.63 |

|June 2020 Apportionment - Lyman County Ambulance District |1,469.35 |

|Langdeau, Avany - Daycare Flex |840.00 |

|Lyman County Herald - Commissioners Publishing |314.94 |

| EMS Notice |48.75 |

| DOE Publishing |108.00 |

|Lyman County Treasurer - Treasurer Trust |351.66 |

|Maule Law Office - Court Appointed Attorney Fees |607.10 |

|Mid Dakota Vegetation Management - Weed Spraying |7,691.31 |

|Menards - Courthouse Supplies |133.91 |

|Office Products Center - DOE Office Supplies |5.59 |

| Sheriff's Office Supplies |41.28 |

| Treasurer's Office Supplies |2.84 |

|Oldenkamp, Lindsey - Court Personnel |50.00 |

|Overhead Door Company - RB Supplies |271.33 |

|Patrick Oil Co - RB Fuel |2,715.85 |

|Presho Oil Company - RB Fuel |23.11 |

|Quill - Courthouse Supplies |21.26 |

| County Owned Supplies |36.82 |

| DOE Office Supplies |42.12 |

| ROD Office Supplies |33.45 |

|Rod's Welding Inc - RB Culvert Repairs |30.00 |

|Rosebud Electric Cooperative Inc - RB Shop Utilities |358.56 |

|Runnings Supply Inc - RB Parts |7.28 |

|SD Attorney General's Office - 24/7 Scram Payments |430.00 |

|SD Dept. of Health - 3rd Quarter Nurse Contract |1,068.43 |

|SD Dept. of Revenue - May Collections - SMV |41,768.97 |

|SD Dept. of Revenue - May Collections - State Hiway Patrol |794.00 |

|SD Dept. of Revenue - May Collections - 4% |50,579.42 |

|SD Dept. of Revenue - May Collections - ROD |80.00 |

|SD Dept. of Revenue - Human Services Center |600.00 |

|SD SOS - Pistol Permits (2) |14.00 |

|SD State Treasurer - Excise Tax Remittance |9.60 |

| Sales Tax Remittance |264.57 |

|USPS - DOE Postage |70.00 |

| RB Admin Postage |155.00 |

|Uthe, Ty - EMS Reimbursement for Supplies |65.84 |

|Weiger, Mona - Court Reporter Expense |199.00 |

|  |$336,640.12 |

|Sletto, Gary - VSO Mileage |$57.60 |

|Total Salary Reimbursements |$57.60 |

AUDITOR’S ACCOUNT, ROD & CLERK OF COURTS FEE REPORTS:

Motion by Reis, seconded by Reuer to approve the following June 2020 reports. All voting aye.

AUDITOR’S ACCOUNT: Cash on hand: $1,551.12; Checks in Treasurer’s possession less than 3 days old: $23,005.25; BankWest Checking: $26,355.71; BankWest Savings: $2,770,193.52; 1st Dakota Bank CD’s: $215,022.01; Dakota Prairie CD’s: $666,548.05 for a total of $3,702,675.66. General Fund: $2,453,344.63; Special Revenue Funds: Road & Bridge Assigned: $668,097.82; Secondary Road Restricted: $34,048.85; 911 Fund: $38,697.58; Fire: $73,310.87; Emergency Management: $28,092.46; Domestic Abuse: $315.00; TIF: $59,732.03; 24/7 Sobriety: $18,253.74; Register of Deeds M&P: $37,965.19; Trust & Agency Funds: $290,817.49. Of this amount the following entities received: State of SD: $93,822.39; School Districts: $167,662.71; Cities & Towns: $11,972.37; Townships: $2,581.21; WR/LJ Water District: $236.63; Lyman County Ambulance District: $1,469.35 for a total of $277,744.66.

REG. OF DEEDS FEES: $3,973.50 less $170.00 sent to SDACO for the Reg. of Deeds Modernization & Preservation Fund.

CLERK OF COURTS (May): $4,953.54 less $3,529.30 forwarded to Lyman School District, $9.97 to Chamberlain School District and $19.93 to Winner School District for fine money.

TOWNSHIP BONDS:

Motion by Reuer, seconded by Schelske to approve the following township bonds. All voting aye.

Iona: Linda Svoboda – Clerk, Lori Whitney – Treasurer.

BUILIDNG PERMIT:

Motion by Reuer, second by Huffman to approve a building permit for Christie Collins to move a 20x12 open face shed at 31525 242nd St, Kennebec SD. All voting aye.

APPROVE PLAT:

Motion by Reis, second by Schelske to approve A Plat of Lot 7 of L.H. Wolcott’s First Addition, A Subdivision of the East ½ of 11-104-72 W of the 5th P.M., Lyman County, South Dakota. All voting aye.

SUB-LEASE AGREEMENT:

Motion by Schelske, second by Reis to approve the five-year Sub-Lease Agreement with Darrell Miller for approximately 20 acres along Shoreline Drive that the county leases from SD GF&P. All voting aye.

CARES ACT:

South Dakota has received $1.25 billion from the United States Department of Treasury for expenses related to the Coronavirus. Governor Noem has directed that Coronavirus Relief Funds be made available to cities and counties to support reimbursement of allowable expenditures related to the public health emergency. Lyman County has been allocated up to $249,772 that can be reimbursed for COVID-19 related expense. Motion by Reuer, second by Reis to approve Resolution 2020-03 and authorize Chairman Lengkeek to sign the Reimbursement Agreement with the State of South Dakota. All voting aye.

Lyman County Resolution Number 2020-03

A RESOLUTION AUTHORIZING THE EXECUTION OF CONTRACTUAL DOCUMENTS WITH THE STATE OF SOUTH DAKOTA FOR THE RECIEPT OF CARES ACT FUNDS TO ADDRESS THE COVID-19 PUBLIC HEALTH CRISIS

WHEREAS, pursuant to section 5001 of the Coronavirus Aid, Relief, and Economic Security Act, Pub. L. No. 116-136, div. A, Title V (Mar. 27, 2020) (the “CARES Act”), the State of South Dakota has received federal funds that may only be used to cover costs that: (a) are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19); (b) were not accounted for in the budget most recently approved as of March 27, 2020, for the State of South Dakota; and (c) were incurred during the period that begins on March 1, 2020, and ends on December 30, 2020; and

WHEREAS, Lyman County acknowledges that the State of South Dakota, in its sole discretion, may retain full use of these funds for the purposes delineated in the CARES Act; and

WHEREAS, Lyman County acknowledges that in order to provide financial assistance to counties and municipalities in South Dakota, the State of South Dakota, in its sole discretion, may allocate CARES Act funds Act on a statewide basis to reimburse counties and municipalities as delineated herein; and

WHEREAS, Lyman County seeks funding to reimburse eligible expenditures incurred due to the public health emergency with respect to COVID-19; and

WHEREAS, Lyman County acknowledges that any request for reimbursement of expenditures will only be for expenditures that were not accounted for in the budget for Lyman County most recently approved as of March 27, 2020; and

WHEREAS, Lyman County acknowledges that it will only seek reimbursement for costs incurred during the period that begins on March 1, 2020, and ends on December 30, 2020;

NOW, THEREFORE BE IT RESOLVED by the County Commission of Lyman County that the Auditor of Lyman County may execute any and all documents as required by the State in order to receive CARES Act funds.

IT IS FURTHER RESOLVED that any request for reimbursement will be only for those costs authorized by the State that: (1) Are necessary expenditures incurred due to the public health emergency with respect to COVID-19; (2) Were not accounted for in the County budget most recently approved as of March 27, 2020; and (3) Were incurred during the period that begins on March 1, 2020, and ends on December 30, 2020.

IT IS FURTHER RESOLVED that the County will not request reimbursement from the State under the CARES Act for costs for which the County previously received reimbursement, or for which the County has a reimbursement request pending before another source.

Approved and adopted this 7th day of July, 2020.

____________________________________ ATTEST: ___________________________

Bill Lengkeek, Commission Chairman Debra Halverson, Auditor

Lyman County, South Dakota Lyman County, South Dakota

HOSPITAL REQUEST/CONTINGENCY TRANSFER:

Motion by Huffman, second by Reis to approve a poor application for candidate 2019-25, pay a hospital bill to Sanford Medical Center in the amount of $74,834.07 and transfer $35,000 from Contingency to Care of Poor, Med, Hospital. All voting aye.

RESOLUTION 2020-04:

States Attorney Steve Smith prepared a resolution for the commissioners to consider stemming from the SD Legislature passing SDCL 22-14-24(6) that would allow county employees to carry a concealed firearm or other dangerous weapon in the courthouse while serving as an employee for the county. Auditor Halverson presented the resolution that would allow the commissioners to not allow such carry within the courthouse by employees. After much discussion on the merit of allowing employees to carry concealed firearms while working, it was decided to have Steve Smith and Steve Manger come to the next meeting to discuss their reasoning.

HWY/WEED DEPT:

Supt. Walt Nagel was present. The following fuel quotes were received for July: Patrick Oil for Presho & Vivian shops: Diesel - $1.65; Agtegra Coop for all shops: Diesel - $1.63, Gas - $2.055; Hieb Oil Co for all shops: Diesel - $1.53, Gas - $2.05; Burk Oil Co for all shops: Diesel - $1.55, Gas - $2.07. Motion by Huffman, second by Schelske to approve Hieb Oil Co. for all shops. All voting aye. Different bridges were discussed and the liability will be looked into to possibly turn a couple over to landowners as private drives and possibly close one that does not lead anywhere. Other discussion included ROW access for county roads, putting in new approaches and weed complaints. Nagel left the meeting.

CORRESPONDANCE:

Auditor Halverson presented the board with a 30 Year Member recognition plaque from SDML Workers Comp Fund along with information on an upcoming SD DOT STIP meeting and a conditionally granted permit from DENR for the hog barn north of Reliance.

ADJOURNMENT:

Motion by Schelske, seconded by Reis to adjourn until July 21, 2020 at 8:30 a.m. All voting aye.

___________________________________________ ATTEST:______________________________________

Bill Lengkeek, Chairman Deb Halverson

Lyman County Commission Lyman County Auditor

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