COMMISSIONER’S PROCEEDINGS



COMMISSIONER’S PROCEEDINGS

REGULAR SESSION

August 22, 2017

The Lyman County Commissioners met in regular session in the Conference Room in the Courthouse at Kennebec, South Dakota, August 22, 2017, at 8:30 a.m. with the following members present: Chairman Steve Perry, Gary Diehm, Bill Lengkeek and Auditor Pam Michalek. Absent: Kim Halverson and Ryan Huffman.

CALL TO ORDER:

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

ADOPT REVISED AGENDA:

Motion by Diehm, seconded by Lengkeek to adopt the agenda with the addition of a building permit and Leroy Ellis cancelled his appointment. All voting aye.

APPROVE MINUTES:

Motion by Lengkeek, seconded by Diehm to approve the minutes of August 8, 2017. All voting aye.

APPROVE BILLS:

Motion by Diehm, seconded by Lengkeek to pay the following bills. All voting aye.

|AT&T Mobility - RB cell phone expense |79.80 |

| Sheriff cell phone expense |429.61 |

|Avera Occupational Medicine - RB random drug test |72.50 |

|B&L Communications - Sheriffs vehicle equipment |1,265.52 |

|Butler Machinery Co. - RB parts & repairs |1,940.37 |

|Cardmember Service - County website fees |158.16 |

|CenturyLink - 911 monthly expense |164.54 |

|Coffee Cup Fuel Stops - Sheriff travel |38.00 |

|Connecting Point - Network remote services |36.25 |

|Dakota Forensic Consulting - Court appointed fees |2,400.00 |

|Farmers Union Oil Co. - Sheriff travel |45.47 |

|Halverson, Debra - 2017 Employer medical reimbursement |682.25 |

|Halvorson Oil - Courthouse supplies |8.71 |

| RB supplies |32.50 |

| Sheriffs travel |130.00 |

|Katterhagen, Mark - Mental illness expense |6.00 |

|Kennebec Telephone Co. - RB gravel hauling |6,254.35 |

| RB parts |269.36 |

| DOE computer work |32.50 |

|Kennebec Town - Courthouse utilities |412.00 |

|Lawson Products - RB parts |290.71 |

|Lewis & Clark Behavioral Health Services Inc. - Mental illness expense |160.00 |

|Lewno, Lucy - Mental illness expense |102.25 |

|Lockwood, Darcy - Mental illness expense |6.00 |

|Lyman County Treasurer - Treasurer's Trust |446.49 |

|ND Sheriffs & Deputies Association - Sheriffs conference registration |85.00 |

|Office Products Center - Sheriff supplies |48.60 |

|Oldenkamp Trucking - RB gravel hauling |5,414.08 |

|Presho Oil Company Inc. - Sheriff travel |50.05 |

|Quill Corp. - DOE supplies |80.28 |

| RB Administration supplies |39.99 |

| Treasurer supplies |29.98 |

| Auditor supplies |39.99 |

|Sanford Health - Blood draws - Investigation expense |182.00 |

|Sanford - Mental illness expense |100.00 |

|Schreiber Law Firm - Court appointed attorney fees |951.60 |

|SD Dept. of Game, Fish & Parks - Game license sold |67.00 |

|SD Emergency Management Assn. - SDEMA Conference registration |50.00 |

|Sundall Law Office - Court appointed attorney fees |490.52 |

|Winner Police Department - Prisoner board |1,705.00 |

|Winner City – June 911 surcharge |3,589.60 |

| Annual 911 Contract |4,000.00 |

|Yankton County Treasurer - Mental illness expense |90.55 |

|Total Bills |$32,477.58 |

|Halverson, Debra - Auditor mileage reimbursement |57.60 |

|Marsh, Lori - Courthouse supplies reimbursement |25.82 |

|Nagel, Walt - RB supplies reimbursement |20.70 |

|Ramser, Misti - RB mileage reimbursement |48.00 |

|Sundall, Carol - Treasurer mileage reimbursement |57.60 |

|Total Salary Reimbursements |$209.72 |

BUILDING PERMIT:

Motion by Lengkeek, seconded by Diehm to approve a building permit for Todd Hansen, Lot A of Yates Subdivision, Oacoma Twp., 30’ X 45’ pole barn. All voting aye.

COMMISSIONER HALVERSON WAS PRESENT

COMMISSION REVIEWED CORRESPONDENSE

9:00 a.m. PUBLIC HEARING ON SECTION LINE HIGHWAY VACATION:

Attorney’s Herb Sundall and Amy Janssen were present. The purpose of the public hearing is to receive public testimony concerning a petition which has been filed with the Board of Commissioners, requesting that the Commissioners vacate a portion of a section line highway in Lyman County. The section line is located in unorganized Presho Township and the portion to be vacated is legally described as follows: a portion of the section line lying between the NW¼ of Section 16 and the NE¼ of Section 17 in Township 105-77, Lyman County, South Dakota described as follows: Commencing at a point which is One Hundred Fifty feet North of the Southwest corner of Reumann Tract 2 in the Northwest Quarter of Section 16-105-77, and thence running south for a distance of approximately 807.85 feet to the northern edge of the Interstate 90 Right of Way. No persons appeared in opposition, therefore, motion by Diehm, seconded Halverson to approve the following resolution. All voting aye.

RESOLUTION AND ORDER VACATING A SECTION LINE HIGHWAY IN LYMAN COUNTY, SOUTH DAKOTA

WHEREAS the required number of electors of Lyman County have presented to the Lyman County Board of Commissioners and filed with the County Auditor a petition proposing and requesting vacation of a portion of a section line highway as hereinafter described; and

WHEREAS the Commissioners did give notice of a public hearing to be held for the purpose of receiving public testimony concerning said petition, which notice was given by publication in the manner required by law; and

WHEREAS said public hearing was held and public testimony was received and considered; and

WHEREAS the section line highway to be vacated does not constitute a highway within the state trunk system nor county highway system, and is not located within the corporate limits or extraterritorial jurisdiction of any city or town nor does it provide access to public lands; and

WHEREAS the Board of Commissioners have considered such petition and have determined that the public interest will be better served by such proposed vacating of such highway; now therefore:

BE IT RESOLVED AND ORDERED BY THE BOARD OF COMMISSIONERS OF LYMAN COUNTY, SOUTH DAKOTA:

1. That the following described section line highway located in Lyman County, South Dakota, be and the same is hereby vacated pursuant to SDCL Chapter 31-3, and that title to such highway shall revert to the original owners or their grantees or successors in interest, to-wit:

A portion of the Section line lying between the NW¼ of Section 16 and the NE¼ of Section 17 in Township 105 North, Range 77, West of the 5th P.M., Lyman County, South Dakota described as follows: Commencing at a point which is One Hundred Fifty feet North of the Southwest corner of Reumann Tract 2 in the Northwest Quarter of Section 16, Township 105 North, Range 77, and thence running south for a distance of approximately 807.85 feet to the northern edge of the Interstate 90 Right of Way.

2. That the County Auditor shall cause the within Resolution to be published in the Lyman County Herald, the official newspaper of the County, for two consecutive weeks, and that such aforementioned highway shall be, after a lapse of thirty days, deemed vacated without further proceedings unless appeal, as provided by law, be had.

3. That the County Auditor shall make the necessary changes to the county public highway map in accordance with SDCL 31-3-8.

The foregoing Resolution and Order was passed and adopted this 22nd day of August, 2017.

State of South Dakota:

ss:

County of Lyman :

I, the undersigned, being the fully qualified and acting Auditor of Lyman County, South Dakota, do hereby certify that the attached and foregoing is a true, accurate and correct copy of a Resolution and Order of Vacation passed and adopted by the unanimous vote of the Board of Commissioners of Lyman County on the 22nd day of August, 2017.

Witness my hand and official seal of the county, this 22nd day of August, 2017.

________________________________________

Pam Michalek, Lyman County Auditor

EMS:

Emergency Management Director Steve Manger met with the Commission to discuss a meeting that was held August 16th pertaining to ordinances. Motion by Diehm, seconded by Lengkeek to not adopt any ordinances. All voting aye. Motion by Halverson, seconded by Diehm to approve a Mutual Aid Agreement for the Intercounty Sharing of Resources during Emergencies or Disasters within SD OEM Region 5. All voting aye. The Agreement is on file in the Auditor’s Office. Commission consensus is to have the Sheriff trade off the Charger next year when he purchases a replacement vehicle.

HWY/WEED DEPT:

Supt. Walt Nagel provided updates on the Medicine Creek Bridge replacement, culverts and culvert replacements on Ft. Hale Bottom (estimated $15,000.00).

DOE CLERK:

Clerk Mary Lawrie introduced herself to the Commission and advised them she is committed to moving to Lyman County and they have sold their home in Chamberlain but are still looking for a rural setting to buy. They will be living in Kennebec in the near future.

DAKOTA MILL & GRAIN:

Dave Cole and Jerry Cope met to discuss the upcoming building project and the temporary closure of 307th & 308th Avenues during railcar loading. The Commission would like a written agreement to address signage and barricading for temporary closures of the avenues and would also need to have Lyman County added to Dakota Mill & Grain’s insurance coverage. Dakota Mill & Grain will submit a building permit and provide a written agreement September 12, 2017. Motion by Halverson, seconded by Diehm to approve temporary closure of 307th & 308th Avenues while rail cars are present on DMG’s side track. All voting aye.

AUTOMATIC BUDGET SUPPLEMENT:

Motion by Lengkeek, seconded by Diehm to approve a $9,890.00 automatic budget supplement to Sheriff’s supplies for a 100% reimbursed US Marshal’s Service Grant. All voting aye.

CHN GARNOS:

CHN Mary Jo Garnos provided the Commission with a 4 month report pertaining to: training received, E-WIC, WIC client numbers, cribs & car seats and immunizations. She also discussed the HPV epidemic and expressed her desire to have fulltime clerical in her office. Motion by Lengkeek, seconded by Diehm to move Cathy Borah from part time nurse clerical/part time extension clerical to fulltime nurse clerical effective immediately. All voting aye. The extension office will reopen part time when the state fills the 4-H Youth Advisor position.

ADJOURNMENT:

Motion by Halverson, seconded by Diehm to adjourn until September 12, 2017 at 8:30 a.m. All voting aye.

___________________________________________ ATTEST:_______________________________________

Steve Perry, Chairman Pam Michalek

Lyman County Commission Lyman County Auditor

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