Custer County, South Dakota



Custer County Commission Meeting (Wednesday, February 26, 2020)

Members present:

Commissioners Jim Lintz, Jesse Sorenson, Mike Linde, Craig Hindle, States Attorney Tracy Kelley and Deputy States Attorney Susan Anderson. Commissioner Hartman was absent from the meeting.

A. Commission Meeting was called to order at 8:00 AM followed by the Pledge of Allegiance.

B. Adopting of the agenda

1. Motion by Sorenson and seconded by Linde to approve the agenda as presented; vote, all aye; motion carried.

C. Consent Agenda

1. Motion by Hindle and seconded by Sorenson to approve the minutes of the February 5, 2020 commission meeting, the following vouchers, monthly reports and travel requests; vote, all aye; motion carried.

Travel requests approved: Sherry Weber to Region 1 Staff meeting in Sturgis, SD, at a cost of $49; Jim Kor to 2020 Western SD Hydrology Conference in Rapid City, at a cost of $75; Jesse Doyle and Kevin Treloar to LTAP Short Course in Deadwood, SD, at a cost of $200; Chrstina Bohnet to Welfare Workshop in Pierre, SD, at a cost of $199.99.

Vouchers approved as follows:

PAYROLL: Commissioners $1,912.50 Auditor $5,025.61; Treasurer $7,356.58; IST $2,182.50; States Attorney $9,734.97; Courthouse Building $5,184.45; Equalization $8,469.49; Register of Deeds $3,374.77; Veterans Service $1,240.53; Human Resource $1,181.67; Sheriff $28,204.68; Coroner $300; Nurse $868.12; Library $6,959.70; Extension $701.45; Conservation $428.76; Weed & Pest $1,286.26; Planning $3,477.84; Highway $29,008.47; Emergency Management $2,468.49; 24/7 $877.60; Communications $11,398.20

COMMISSIONERS: Southern Hills Publishing $576.50; SD Public Assurance Alliance $22,260.43; Verizon Connect $34; Verizon Wireless $82.18

ELECTION: Southern Hills Publishing $35.73

AUDITOR: Golden West Telecommunications $162.54; SD Association of County Commissions $60

TREASURER: A & B Business $180.49; First Interstate Bank Master Card $3,251.08; Qualified Presort $3,692.25; Golden West Telecommunications $162.54

INFO SYSTEMS & TECH: Golden West Telecommunications $65.02

STATE’S ATTORNEY: A & B Business $209.65; Lexisnexi $337; First Interstate Bank Master Card $84.23; Golden West Telecommunications $162.54; Alyssa Bryan $54; Culligan Water $37; Rapid City Police Depattment $37

COURT APPOINTED ATTORNEY: Beesley Law Office $1,257.30; Justin O’Neill $1,921.62; Garland Goff $2,376.80

COURTHOUSE BUILDING: Harvey’s Lock Shop $101; SD Public Assurance Alliance $1,163.31; First Interstate Bank Master Card $1,090.06; Verizon Connect $35.95; Custer Ace Hardware $80; Golden West Telecommunications $32.51

DIRECTOR OF EQUALIZATION: Southern Hills Publishing $18.40; Quill $419.86; A & B Business $92.35; SD Public Assurance Alliance $214.26; First Interstate Bank Master Card $98.32; Verizon Connect $18.95; Golden West Telecommunications $195.05

REGISTER OF DEEDS: A & B Business $92.36; Innovative Office Solutions $32.18; Golden West Telecommunications $130.03

VETERANS SERVICES: Quill $92.98; A & B Business $66.89; Golden West Telecommunications $32.51

INFO TECHNOLOGY: Golden West Technologies $2,602; Quill $659.80; Golden West Telecommunications $10

HUMAN RESOURCE: Division of Criminal Investigation $43.25; First Interstate Bank Master Card $563.13; Verizon Wireless $16.44; Evergreen Office Products $43.39

SHERIFF: Black Hills Electric $57.76; Southern Hills Tactical $268.24; French Creek Supply $33.48; Pennington County Sheriff $505.20; Pheasantland Industries $1,632.87; A & B Business $223.02; SD Public Assurance Alliance $19,906.51; First Interstate Bank Master Card $21.29; Liberty Superstores $31,853; Verizon Connect $189.50; Sherry Weber $18; Custer Ace Hardware $37.98; Golden West Telecommunications $338.37; Culligan Water $46.50; Nelson’s Oil & Gas $29.40; Lexisnexis $87; Verizon Wireless $448.60; Creative Product Sourcing $775.64; CBH Cooperative $2,433; Battle Mt Humane Society $1,000

PRISONER CARE: City of Rapid City $175; Winner Police Department $67.60; Pennington County Jail $7,925; Correct RX Pharmacy $488.30; Ann Allen $75; Christine Peters $75; South Dakota Public Health Laboratory $100; Satellite Toxicology Laboratory $230; Amber Odegard $75; Redwood Toxicology Laboratory $230

SEARCH & RESCUE: Black Hills Energy $467.43; Custer City $60.71; SD Public Assurance Alliance $2,443.55

AIRPORT: Custer Do It Best $59.08; Brenden Hendrickson $3,666.67; Golden West Telecommunications $112.54

CUSTER COUNTY HOUSING: Custer County Housing $5,000

SENIOR MEALS: Custer Senior Meals $1,000

LIBRARY: Mt Rushmore Telephone $114.81; First Interstate Bank Master Card $1,594.69; Golden West Telecommunications $118.82; Century Link $15.21; Overdrive Inc. $1,500

MUSEUM: Custer County Museum $37,000

SENIOR CITIZENS: Custer Senior Center $4,000; Hermosa Senior Center $1,550

CUSTER YMCA: Custer YMCA $7,100

EXTENSION: A & B Business $178.07; Golden West Telecommunications $221.57; Erin McGlumphy $358.60

WEED & PEST: Black Hills Electric $421.71; Southern Hills Fire & Safety $10.50; A & B Business $171.43; SD Public Assurance Alliance $1,822.14; Verizon Connect $35.95; Custer Ace Hardware $14.98

PLANNING: A & B Business $23.41; SD Public Assurance Alliance $214.274; Verizon Connect $17; Golden West Telecommunications $130.03; Discovery Benefits $25; Verizon Wireless $49.36

COUNTY ROAD & BRIDGE: A & B Welding $92.31; Black Hills Electric $2,221.58; Black Hills Energy $103.09; Butler Machinery $1,338.89; Southern Hills Publishing $36.20; Floyd’s Truck Center $745.80; French Creek Supply $126.19; Godfrey Brake $175.44; Grimms Pump Service $245.21; Southern Hills Fire & Safety $634; Interstate Batteries $260.90; Inland Truck Parts $713.88; Lynn’s Dakota Mart $58.84; Mt Rushmore Telephone $119.06; A & B Business $205.15; SD Federal Property $40; SD Highway Superintendent Association $375; SD Public Assurance Alliance $27,197.23; Kieffer Sanitation $172.50; Servall Towel & Linen $214.56; Town of Buffalo Gap $61; Snap On Tools $40.50; First Interstate Bank Master Card $623.14; Verizon Connect $617.55; Evans Repair $65; Custer Ace Hardware $100.46; City of Custer $5,280; Golden West Telecommunications $291.56; Logan’s Transmission $428.47; Pop’s Grocery Shoppe $17.62; Carl’s Trailer Sales $2,150; Roth Trucking $8,000; Running’s Supply $14.99; Culligan Water $40; Century Link $15.21; Matco Tools $123.90; Nelson’s Oil & Gas $1,522.73; MG Oil Company $455.79; Diamond D Diesel $1,192.50; Verizon Wireless $126.34; Great Western Tire $24.95; Northern Truck Equipment $2,450; CBH Cooperative $2,671.91

FIRE PROTECTION: SD Public Assurance Alliance $4,033.70

EMERGENCY MANAGEMENT: Lynn’s Dakota Mart $35.85; SD Public Assurance Alliance $1,838.70; Verizon Connect $18.95; Golden West Telecommunications $97.53; Verizon Wireless $44.36

DOMESTIC ABUSE: WEAVE $5,000

BUILDING: Black Hills Electric $750.36; Black Hills Energy $6,530.35; Southern Hills Fire & Safety $14; SD Public Assurance Alliance $26,193.81; Sander Sanitation $3,684.34; First Interstate Bank Master Card $2,596.96; Warnke Brothers Construction $28,000; Thyssenkrupp Elevator $375; Rushmore Companies $1,080

ROD MODERNIZATION & PRESERVATION: Microfilm Imaging Systems $822.25

EMERGENCY LINE: A & B Business $197.04; First Interstate Bank Master Card $45,392.65; Golden West Telecommunications $1,376.35; Culligan Water $46.50; Century Link $540.98; Discovery Benefits $25; RT Communications $25.38

Monthly Reports approved:

• Register of Deeds January 2020 statement of fees with $430 collected in state fees, $16,145 in county fees, and $384 for SDACO fees for a total of $16,959.

• The Auditor’s report with the Treasurer for January 2020 as follows: Cash $2,613.41; Checks/Drafts $20,441.70; Petty Cash $1,050; SD Fit $518,657.55; 1st Interstate Bank checking $365,132.43; 1st Interstate Bank Savings $881,456.47; ED Jones MM $218,227.38; 1st Interstate Flex $61,153.42; 1st Interstate Investments $37,698.96; Sentinel CU Checking $208.03; Sentinel CU TIIA $105,134.01; Sentinel CU Savings $10,099.03; Highmark Investment $153,022.18; Highmark Savings $10,192.86; Highmark Checking $5,000; Dacotah Bank Checking $12,677.50; Dacotah Investments $705,433.37; Accrued Interest $3,190.72; Ed Jones Investments $2,666,670.68 for a total of $5,778,059.70.

• Custer County Sheriff’s January 2020 report: $20 fingerprinting; $35 accident/accurint reports; $42 basic concealed weapon permits; $150 enhanced concealed weapon permits; $617.05 mileage; $1,790 service fees; $285 executions; $6.80 postage; $100 Sheriff Sale; $60 CSO Ordered U/As fees; $23 Misc/Other for a grand total of $3,128.85.

D. Conflict of Interest Declarations – Commissioner Linde declared a conflict of interest with Abatement 2006A.

E. Auditor

1. The commission acknowledged an updated volunteer roster for the Custer County Fair.

2. Motion by Linde and seconded by Hindle to approve the Amended Oder for Organization and Incorporation of the Limbo Road District, Custer County, South Dakota; vote taken; all aye; motion carried.

3. The commission acknowledged the receipt of 2019 financial statements from both the Argyle Volunteer Fire Department and the Dewey Volunteer Fire Department.

4. Motion by Linde and seconded by Sorenson to approve the following abatements:

• 2001A in the amount of $811.10

• 2002A in the amount of $200

• 2003A in the amount of $17.20

• 2004A in the amount of $140.22

• 2005A in the amount of $1,922.62

Vote taken; all aye; motion carried.

5. Motion by Hindle and seconded by Sorenson to approve Abatement 2006A in the amount of $227.40; vote taken, Aye – Hindle, Sorenson and Lintz; Linde abstained; motion carried.

6. Motion by Sorenson and seconded by Linde to approve the following refunds:

• 2001R in the amount of $1,125.84

• 2002R in the amount of $228.51

• 2003R in the amount of $70.89

• 2004R in the amount of $302.68

• 2005R in the amount of $1,067.95

• 2006R in the amount of $243.15

• 2007R in the amount of $137.55

Vote taken; all aye; motion carried.

F. States Attorney

1. Discussion was held concerning the platting of properties owned by Alan Akers and Pray LLC located in Custer County in connection with Custer County Ordinance #2 and future platting in the area of VIP road. Attorney Pat Ginsbach, attorney for Pray LLC, wanted guidance from the commission concerning the platting of Akers property into one 82 acre parcel and whether the commission would find that acceptable. Attorney Talbot Wieczorek, attorney for Akers, inquired about the approval of alternative plat options concerning Akers’ property. The commission expressed acceptance of either the plat discussed by Attorney Ginsbach or an alternative plat that platted Akers’ property into 2 parcels given the current access and Ordinance #2. Custer County State’s Attorney Tracy Kelley will provide the parties with a letter outlining the discussion with the commission.

G. 8:30 a.m. Bid Opening – Highway Department

1. The Highway Department advertised for bids for Magnesium Chloride for Road Stabilization (80,000 gallons plus or minus) for the period beginning February 27, 2020 and ending December 31, 2020. Bids received included:

• Z & S Dust Control - $0.86 per gallon delivered applied.

• Rosane Construction, LLC – $0.819 per gallon delivered and applied.

Motion by Sorenson and seconded by Hindle to accept the lowest bid from Rosane Construction; vote, all aye; motion carried.

2. The Highway Department advertised for bids for crushed limestone – ¾” base (Hermosa area 40,000 tons plus or minus and Pringle area 40,000 tons plus or minus) for the period beginning February 27, 2020 and ending December 31, 2020. Bids received included:

• Black Hills Gravel - $6.14 per ton

• Simon Contractors of SD - $6.85 per ton

• Nielsen Enterprises - $7.25 per ton

• Green Dream - $12.60 per ton

Motion by Sorenson and seconded by Linde to accept the lowest bid from Black Hills Gravel for 40,000 tons from Black Hills Gravel’s Pringle area quarry; vote, all aye; motion carried.

3. The Highway Department advertised for bids for crushed limestone – 3/8” chips (Buffalo Gap area 5,000 tons plus or minus, Pringle area 5,000 tons plus or minus and Hermosa area 5,000 tons plus or minus) for the period beginning February 27, 2020 and ending December 31, 2020. Bids received included:

• Nielsen Enterprises - $17.25 per ton

• Black Hills Gravel - $10.25 per ton

• Simon Contractors of SD - $16 per ton

• Croell, Inc. - $22 per ton for Hermosa area

• Croell, Inc. - $15 per ton for Buffalo Gap area

• Green Dream - $15.75 per ton

Motion by Sorenson and seconded by Linde to table until the next commission meeting on March 11, 2020 to allow time to review bids for compliance; vote, all aye; motion carried.

H. 9:00 a.m. Public Hearing

1. At 9:00 a.m. the public hearing was opened for a new Malt Beverage Application from Wheels West (Kevin Hartman, owner) – Svoboda TR (pt of Dawson TR A pt of Richardson PL#724) of Sections 20 & 21, T3S, R5E, Custer County, SD. No one appeared to support or oppose the application. Motion by Linde and seconded by Hindle to approve the new Malt Beverage License Application for Wheels West (Kevin Hartman, owner) – Svoboda TR (pt of Dawson TR A pt of Richardson PL#724) of Sections 20 & 21, T3S, R5E, Custer County, SD; vote taken, all aye; motion carried.

I. 9:00 a.m. Bid Opening – RFP

1. Custer County advertised for bids for the “2020 Custer County Fire Service Delivery Study” for the study of the current situation of fire department service delivery within Custer County with recommendations for strengthening and enhancing the future delivery of such services to Custer County residents and visitors. Bids received included:

• Citygate Associates, LLC $91,772

Motion by Sorenson and seconded by Linde to table the bid until the March 25, 2020 Regular Commission meeting to allow the Fire Advisory Board to review; vote, all aye; motion carried.

J. Custer Economic Development Group

1. Colleen Hennessy presented to the board with a request from the Custer Economic Development Group Recreation Wellness Team. The group requested that the commission approve the installation of a bike rack at the courthouse by the east entrance under the overhang. Motion by Hindle and seconded by Sorenson to approve the installation of the bike rack with the approval of Maintenance Director, Robert Skinner; vote taken, all aye; motion carried.

K. Airport

1. Brenden Hendrickson, Custer County Airport Manager, presented the 2019 Custer Airport Annual Report. Highlights included:

• Custer Airport received an A+ for 2019 inspection.

• Approximately 100 General Aviation surveys were completed by visitors.

• There was a significant increase in jet traffic from 2018 to 2019 (up from 4 to 50).

• Hendrickson received his NOTAM manager certification.

• Developed a face book page for the Custer County Airport.

2019 Events included:

• State Aeronautics Airport Inspection

• New Jet Fuel System completed

• Increase in jet traffic and tourist traffic

• Airport Master Plan completed

• New mower purchased

• Hangar purchased by county

• USFS land transfer nearing completion

• Lan acquisition completed for RPZ

L. Application for Isolated Tract Easement

1. Motion by Sorenson and seconded by Hindle to table until attorney for applicant requests this be put back on the agenda; vote, all aye; motion carried.

M. Public Comment – there were no comments from the public.

N. Old Business

1. There was no old business presented to the commission.

O. Commission

1. Mail call – Letter received from the Black Hills Regional Multiple Use Coalition regarding Board of Directors meeting on February 28th at the Spearfish Holiday Inn; South Dakota School and Public Lands will hold a lease auction on April 7, 2020 at 11a.m. in the commission room of the Custer County Court House

2. Meeting Schedule – Black Hills Association of County Commissioners and County Officials will hold a meeting March 13th at the Pennington County Administration building.

3. Meeting Reports – Commissioner Hindle attended a Library meeting; Commissioner Linde attended a Museum meeting; Commissioner Lintz attended a Fair Board meeting.

P. Executive Session

1. Motion by Sorenson and seconded by Linde to go into Executive Session pursuant to SDCL 1-25-2(1), SDCL 28-13-42 and SDCL 1-25-2(4). Executive Session started at 9:45 a.m. to discuss personnel, contract negotiations and indigent requests and concluded at 10:44 a.m.

Q. Actions Taken by Commission Outside of Executive Session

1. Motion by Linde and seconded by Hindle to approve the hire of two part time seasonal Highway Equipment Operators at a wage of $18 per hour and with no benefits provided by the County for seasonal employees; vote taken, all aye; motion carried.

2. Motion by Sorenson and seconded by Hindle to approve the Indigent Request #1 in the amount of $2,000 for a burial fee and Indigent Request #2 in the amount of $450; vote taken, all aye; motion carried.

R. Adjourn

Motion by Sorenson and seconded by Hindle to adjourn the meeting at 10:45 .m. The next meeting will be at 8 a.m. March 11, 2020 in the Commissioner’s Room in the Custer County Courthouse.

____________________________

Jim Lintz, Chairman

Attest:

Terri Cornelison, Custer County Auditor

Published once at the total approximate cost of _________________.

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