SPINK COUNTY COMMISSIONERS PROCEEDINGS
Spink County Commission Proceedings
REDFIELD, SOUTH DAKOTA
THE SPINK COUNTY BOARD OF COMMISSIONERS MET AT 8:30 AM ON TUESDAY, NOVEMBER 20, 2018, AT THE SPINK COUNTY COURTHOUSE. PRESENT WERE COMMISSIONERS DAVE ALBRECHT, JEFF ALBRECHT, CRAIG JOHNSON, CINDY SCHULTZ AND SUZANNE SMITH. CHAIRMAN DAVE ALBRECHT OPENED THE MEETING WITH THE PLEDGE OF ALLEGIANCE.
ADOPT AGENDA
Motion was made by J. Albrecht, seconded by Schultz, to adopt the agenda with the addition of soil testing proposals and rezoning recommendation from the Planning & Zoning Board. All members voted aye. Motion carried.
MINUTES APPROVED
Motion was made by Smith, seconded by Johnson, to approve the minutes of the November 8, 2018 Commission meeting. All members voted aye. Motion carried.
CORRESPONDENCE
• Spink County Fair Board Minutes 11/14/18
LIQUOR LICENSE RENEWALS
Motion was made by Johnson, seconded by Smith, to approve the renewal of the Retail (on-sale) liquor license for the renewal year 2019 for Fisher Grove County Club and Pheasant Phun Inc. All members voted aye. Motion carried.
STATES ATTORNEY
Vic Fischbach, States Attorney, gave an update of activities.
COMMUNITY HEALTH SERVICES CONTRACT
Motion was made by J. Albrecht, seconded by Smith, to renew the contract with SD Department of Health for Community Health Nursing Services at the cost of $6,254 annually, beginning January 1, 2019 and ending December 31, 2019. All members voted aye. Motion carried.
BURIAL FEES
Theresa Hodges, Auditor, presented a spreadsheet with the current county burial fee rates from across South Dakota, the Commission would like to visit with the local funeral home director prior to adopting the fees for 2019.
HIGHWAY SUPERINTENDENT/QUOTE
Jeff Haessig, Highway Superintendent, gave an update of activities and filed a quote from A&B Business, Inc. for a new desk system in the amount of $3,168.00. Motion was made by J. Albrecht, seconded by Schultz, to approve the quote of $3,168.00 for a new desk system. All members voted aye. Motion carried.
SHERIFF
Kevin Schurch, Sheriff, gave an update of activities, introduced Zach Weber as one of the two new Deputy Sheriffs, and requested a pay step increase for an employee.
PERSONNEL
Motion was made by J. Albrecht, seconded Schultz, to approve hiring, Brett Christman and Zachary Weber as full-time Deputy Sheriffs effective 11/19/18 at $18.64/hr. All members voted aye. Motion carried. Motion was made by Schultz, seconded by Johnson, to approve the payroll step increase for Kandi Shantz, E-911 dispatcher over 6 months at $16.05/hr effective 11/13/18. All members voted aye. Motion carried.
GROW SPINK
Gianna Lantero, Grow Spink Executive Director, gave an update of activities.
CONDE FIRE & AMBULANCE
Dave DeBarge and Pat Kramp, Conde Fire & Ambulance, spoke on recent recruitment efforts for new EMTs, upcoming training to be held, the associated cost with the training, and efforts on fundraising and grant applications. The group plans to return in February 2019 to make a formal request for assistance from the County.
PLANNING & ZONING
At 10:05 AM a motion was made by Smith, seconded by J. Albrecht, to adjourn as a Board of Commissioners and convene as a County Planning and Zoning Board. All members voted aye. Motion carried.
The Board of County Commissioners reconvened at 10:23 AM after having adjourned as the Planning and Zoning Board.
NOTICE OF PUBLIC ZONING HEARING
NOTICE IS HEREBY GIVEN THAT THE SPINK COUNTY COMMISSIONERS WILL MEET TO HEAR A REZONING REQUEST on Tuesday, December 4, 2018 at 9:30 AM, during the Spink County Commissioners’ regular meeting, Commissioners Room, Spink County Courthouse, 210 East 7th Avenue, Redfield, to consider the following request:
Applicant: Glendale Hutterian Brethren
Legal: 1/2A in SE ¼ less lot H-1 24-115-62, Spink County, SD
Reason for Petition to Rezone: Reclassify from Agricultural to Highway Commercial
Notice is further given that any person, or persons, who are interested in the approval or rejection of such application, or their attorney, may appear and be heard at said scheduled public hearing.
Dated this 20th day of November, 2018, at Redfield, South Dakota.
Theresa Hodges, Auditor
Spink County, South Dakota
DIRECTOR OF EQUALIZATION
Diane Tipton, Director of Equalization, filed a quote from Connecting Point Computer, Watertown, SD, for a new GIS computer workstation for $2,991.00 including onsite setup. Motion was made by Schultz, seconded by Johnson, to accept Connecting Point Computer’s quote. All members voted aye. Motion carried.
RESOLUTION 18-14
RESOLUTION RELATING TO LEASE-PURCHASE OF COUNTY LAW ENFORCEMENT CENTER RENOVATION AND IMPROVEMENT PROJECT; AUTHORIZING THE EXECUTION AND DELIVERY OF A GROUND LEASE AGREEMENT AND A LEASE-PURCHASE AGREEMENT AND APPROVING AND AUTHORIZING EXECUTION OF RELATED DOCUMENTS AND LEVY OF TAXES FOR THE PAYMENT THEREOF.
BE IT RESOLVED by the Board of Commissioners of Spink County, South Dakota (the “County’), as follows:
Section 1. Recitals and Findings.
1.01. Declaration of Necessity. The County is authorized by South Dakota Codified Laws, Chapter 7-25 and Chapter 6-8B, inclusive, as amended (collectively the “Act”), to enter into lease-purchase agreements for acquisition of real or personal property that the governing body considers necessary or appropriate to carry out its governmental and proprietary functions. The governing body finds and declares that it is necessary and appropriate to complete the acquisition, remodeling, expansion, construction, and equipping of the county Law Enforcement Center Renovation and Improvement Project (collectively, the “Law Enforcement Center Renovation and Improvement Project”), the cost of a portion of such Law Enforcement Center Renovation and Improvement Project shall be financed by the issuance and delivery of not to exceed $1,500,000, plus costs of issuance, Limited Tax General Obligation Certificates of Participation, Series 2018 (the “2018 Certificates”).
1.02. The Lease Financing. The County shall have a bank with trust powers, to be appointed hereafter, (the “Trustee”) act as Trustee and that pursuant to a ground lease agreement between the County and the Trustee (the “Ground Lease”), acquire certain interests in real property (the “Land”) from the County, and the Trustee lease its interest in the Land and lease and agree to sell the Law Enforcement Center Renovation and Improvement Project to be acquired, renovated, constructed and equipped thereon to the County pursuant to a lease-purchase agreement (the “Lease-Purchase Agreement”), which shall be dated in 2018 between the Trustee and the County (collectively the “Lease”).
1.03. The Trust Agreement. The Trustee shall execute and deliver a Declaration of Trust, (the “Trust Agreement”), pursuant to which the Trustee will (i) issue Limited Tax General Obligation Certificates of Participation, Series 2018 in the lease payments to be made by the County under the Lease and (ii) receive, hold and invest the proceeds of the sale of the 2018 Certificates and disburse such proceeds for payment of Construction Costs and Costs of Issuance (as defined in the Lease).
1.04. Binding Obligation. The County Commission finds that the Lease-Purchase Agreement constitutes a bond pursuant to the Act and SDCL § 10-13-35, and that the levy in Section 5 is in addition to any current levies for said purposes subject to the limit as to amount set forth in SDCL § 7-25-1.
Section 2. Authorization of Lease Financing and Approval of the Documents
2.01. Approval of Lease Financing. The lease financing described above is found to be favorable and is hereby approved. The Chairman and County Auditor are authorized to approve the principal amount of the Lease and the Limited Tax General Obligation Certificates of Participation, Series 2018 not exceeding $1,500,000, plus costs of issuance, the term thereof not exceeding 20 years, and are directed to enter into a Certificate Purchase Agreement with the original purchaser and their execution of the Certificate Purchase Agreement shall be conclusive evidence of their approval of the principal amount, purchase price, interest rates and other terms set forth therein.
2.02 Forms of Documents. Forms of the following documents relating to the Law Enforcement Center Renovation and Improvement Project (the “Documents”) shall be prepared and submitted to the County and are hereby directed to be filed with the County Auditor: (a) the Lease-Purchase Agreement (the “Lease”); (b) the Trust Agreement (the “Trust Agreement”); and (c) the Ground Lease. The forms of Documents are approved, subject to such modifications as are deemed appropriate. The Chairman and County Auditor are directed to execute the Lease, the Ground Lease and the Trust Agreement. Copies of all Documents shall be delivered, filed and recorded as provided therein. The Chairman and County Auditor are also authorized and directed to execute such other instruments as may be required to give effect to the transactions therein contemplated. The County will cooperate in the issuance of the Limited Tax General Obligation Certificates of Participation, Series 2018 and the Chairman, County Auditor and such other officers or officials of the County shall execute such other instruments as are necessary to the issuance of the Limited Tax General Obligation Certificates of Participation, Series 2018.
Section 3. Underwriter and Bond Counsel.
3.01. Designation of Placement Agent. Dougherty & Company LLC is hereby designated as the Placement Agent for the Lease and Limited Tax General Obligation Certificates of Participation, Series 2018.
3.02. Designation of Bond Counsel. Meierhenry Sargent LLP is hereby designated as Bond Counsel for the Lease Financing.
Section 4. Modifications, Absence of Officers. The approval hereby given to the Documents includes an approval of such additional details therein as may be necessary and appropriate and such modifications thereto, deletions therefrom and additions thereto as may be necessary and appropriate. The execution of any documents by the appropriate officer or officers of the County herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms hereof. In the absence of the Chairman or the County Auditor, any of the Documents authorized by this resolution to be executed may be executed by such officer as, in the opinion of the State’s Attorney, may execute documents in their stead.
Section 5. Payment of Lease Payments. The County will pay to the Trustee promptly when due, all of the Lease Payments (as defined in the Lease) and other amounts required by the Lease. To provide moneys to make such payments, the County will include in its annual budget, for each fiscal year during the term of the Lease, moneys sufficient to pay and for the purpose of paying all Lease Payments and other amounts payable under the Lease, and will take all other actions necessary to provide moneys for the payment of the obligations of the County under the Lease from sources of the County lawfully available for this purpose, including the levy of such taxes as may be necessary therefore, subject only to the limitations on such levies imposed by South Dakota law.
The County agrees and covenants to include in its annual budget for each fiscal year during the term of the Lease moneys sufficient to pay and for the purpose of paying the Lease Payments, and to levy a tax pursuant to SDCL Section 7-25-1 and Article XIII Section 5 in an amount sufficient and for the purpose of paying such Lease Payments when due and, to the extent permitted by law, to determine the percentage of true and full value to be used as taxable valuation such that the tax levied pursuant to SDCL Section 7-25-1, taking into consideration the percentage of collection, will generate sufficient revenues for the purpose of paying such Lease Payments, and to take all other actions necessary to provide moneys for the payment of the Lease Payments under the Lease as amended or supplemented, from sources of the County lawfully available for such purposes. The County shall file with the County Auditor a schedule of the principal and interest components of the Lease for each fiscal year.
Section 6. Tax Matters. The County covenants and agrees with the Trustee and the registered owners from time to time of the Lease and Limited Tax General Obligation Certificates of Participation, Series 2018 that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest component on the Lease and interest on the Limited Tax General Obligation Certificates of Participation, Series 2018 to become subject to taxation under the Internal Revenue Code of 1986, as amended (the “Code”), and applicable Treasury Regulations (the “Regulations”), and covenants to take any and all actions within its powers to ensure that the interest component on the Lease and interest on the Limited Tax General Obligation Certificates of Participation, Series 2018 will not become subject to taxation under the Code and the Regulations. The County will cause to be filed with the Secretary of the Treasury an information reporting statement in the form and at the time prescribed by the Code. The County will comply with the provisions of Section 148(f) of the Code, relating to the rebate of arbitrage profits to the United States, if and to the extent that such provisions are applicable to the Lease and the Certificates of Participation, Series 2018.
Section 7. Arbitrage Certification. The Chairman and the County Auditor, being the officers of the County charged with the responsibility for the Lease and the issuing the Limited Tax General Obligation Certificates of Participation, Series 2018 pursuant to this Resolution, are authorized and directed to execute and deliver to the Trustee a certificate in accordance with the provisions of Section 148 of the Code, and Sections 1.148-1 through 1.148-11A et al of the Regulations, stating the facts, estimates and circumstances in existence on the date of issue and delivery of the Limited Tax General Obligation Certificates of Participation, Series 2018 which make it reasonable to expect that the proceeds of the Limited Tax General Obligation Certificates of Participation, Series 2018 will not be used in a manner that would cause the Lease or the Limited Tax General Obligation Certificates of Participation, Series 2018 to be arbitrage bonds within the meaning of the Code and Regulations.
Section 8. Qualified Tax-Exempt Obligations. The Board hereby designates the Lease as a “qualified tax-exempt obligation” for purposes of Section 265(b)(3) of the Code relating to the disallowance of interest expense for financial institutions, and hereby finds that the reasonably anticipated amount of qualified tax-exempt obligations (within the meaning of Section 265(b)(3) of the Code) which will be issued by the County and all subordinate entities during calendar year 2018 does not exceed $10,000,000.
Section 9. Original Purchaser. The Chairman and County Auditor are authorized to negotiate the sale and placement of the Lease and the Limited Tax General Obligation Certificates of Participation, Series 2018. In the event that the purchaser does not require a trustee or trust indenture, the County shall enter into the Lease with the original purchaser.
Section 10. Post Issuance Compliance. The County does hereby adopt Meierhenry Sargent Post-Issuance Compliance Policy and Tax-Advantaged Obligations and Continuing Disclosure with regard to the Lease and 2018 Certificates attached hereto, a copy of which is on file and open to public inspection at regular business hours. The County appoints the Auditor as its chief post issuance compliance officer.
Section 11. Date Resolution Becomes Effective. This resolution shall become effective twenty days after publication in accordance with SDCL § 7-18A-8.
Motion was made by Schultz, seconded by Johnson, to adopt the foregoing resolution upon vote being taken the following voted AYE: Schultz, J. Albrecht, Smith, Johnson and D. Albrecht. Motion carried.
Dated this 20th day of November, 2018.
Dave Albrecht, Chairman
Spink County Board of Commissioners
ATTEST:
Theresa Hodges, Auditor
Spink County, South Dakota
TAX DEED PROPERTIES
Motion was made by Johnson, seconded by Smith, to surplus the following tax deed properties and offer them to the respective municipalities: Record #8769 described as Original B 8 S 50’ L 23-25, Doland City, Spink County, SD; Record #9067 described as S-D of OL A,B & D, N 133’ of the E 73’ of L 2, B 32, Frankfort City, with WEB water fees to be reimbursed by the receiving municipality. All members voted aye. Motion carried.
LAW ENFORCEMENT CENTER
Kyburz-Carlson filed proposals for services for soil observation and soil testing and recommended to approve both proposals filed for necessary testing for the building project. Motion was made by Johnson, seconded by Smith, to approve the proposals from Foerster Testing in the amount of $8,170.00 and Soil Technologies, Inc. in the amount up to $5,995.00. All members voted aye. Motion carried.
SDML WORKERS COMP
Brad Wilson, SDML Work Comp Fund Administrator, presented the commission with a 10-year membership plaque.
EMERGENCY MANAGEMENT
Larry Tebben, Emergency Manager, gave an update of activities and filed an application to seek a grant.
LEPC GRANT
Motion was made by Smith, seconded by Schultz, to approve applying to the SD State Emergency Response Commission for LEPC grant funds in the amount of $1,000. All members voted aye. Motion carried.
EXPENSE REQUESTS
Motion was made by Schultz, seconded by J. Albrecht, to approve the following expense requests:
• Larry Tebben, Emergency Manager, Public Health & Preparedness, 12/3/18, Aberdeen, SD;
All members voted aye. Motion carried.
CLAIMS AND REPORTS ALLOWED
Motion was made by J. Albrecht, seconded by Smith, to approve the following claims and reports. All members voted aye. Motion carried.
|COMMISSIONERS | |
|CENTURY LINK |16.58 |
|THE CONDE NEWS |337.82 |
|THE REDFIELD PRESS |365.38 |
|THE TIMES RECORD |337.82 |
| | |
|ELECTION | |
|THE CONDE NEWS |568.89 |
|E S & S, INC. |2175.51 |
|PETTY CASH |7.79 |
|THE REDFIELD PRESS |1078.77 |
|THE TIMES RECORD |568.89 |
| | |
|JUDICIAL SYSTEMS | |
|DAKOTA ELECTRONICS |26.50 |
| | |
|AUDITOR | |
|CENTURY LINK |16.58 |
|HEARTLAND STATE BANK |533.58 |
|NORTHERN VALLEY COMMUNICATIONS |16.54 |
|PETTY CASH |0.92 |
| | |
|TREASURER | |
|A & B BUSINESS SOLUTIONS, INC |45.43 |
|AMERICAN SOLUTIONS |54.43 |
|CENTURY LINK |16.58 |
|NORTHERN VALLEY COMMUNICATIONS |16.54 |
| | |
|STATES ATTORNEY | |
|AMERICAN SOLUTIONS |4.61 |
|CENTURY LINK |49.68 |
|COMMUNITY MEMORIAL HOSPITAL |65.35 |
|JANNELLE COWLES-NELSON |322.52 |
|EXECUTIVE MANAGEMENT |24.75 |
|NORTHERN VALLEY COMMUNICATIONS |5.51 |
|WELLS FARGO REMITTANCE CENTER |179.99 |
| | |
|CT APPT ATTY & CLERP | |
|KRISTEN KOCHEKIAN |211.51 |
| | |
|GOVERNMENT BUILDINGS | |
|AMERICAN SOLUTIONS |118.40 |
|APPEL OIL COMPANY |177.52 |
|CENTURY LINK |33.14 |
|CINTAS |191.64 |
|COLE PAPERS, INC. |119.00 |
|DAKOTA DATA SHRED |56.75 |
|NORTHERN VALLEY COMMUNICATIONS |5.51 |
| | |
|DIRECTOR EQUALIZ. | |
|AMERICAN SOLUTIONS |371.18 |
|APPEL OIL COMPANY |153.31 |
|CENTURY LINK |33.14 |
|CONNECTING POINT COMPUTER |13212.00 |
|NORTHERN VALLEY COMMUNICATIONS |22.05 |
|SD DEPT OF REVENUE |440.00 |
|SHOPKO STORES OPERATING |15.96 |
|WELLS FARGO REMITTANCE CENTER |292.79 |
| | |
|REGISTER OF DEEDS | |
|A & B BUSINESS SOLUTIONS, INC |36.61 |
|AMERICAN SOLUTIONS |82.55 |
|CENTURY LINK |33.14 |
|NORTHERN VALLEY COMMUNICATIONS |11.03 |
| | |
|VETERANS SERVICE | |
|CENTURY LINK |33.14 |
|NORTHERN VALLEY COMMUNICATIONS |5.51 |
|WELLS FARGO REMITTANCE CENTER |114.94 |
| | |
|PREDATORY ANIMAL | |
|SOUTH DAKOTA STATE TREASURER |3429.48 |
| | |
|INFO TECHNOLOGY | |
|CONNECTING POINT COMPUTER |72.50 |
| | |
|SHERIFF | |
|AMERICAN SOLUTIONS |237.37 |
|APPEL OIL COMPANY |2195.98 |
|CENTURY LINK |82.86 |
|CONNECTING POINT COMPUTER |1009.50 |
|DAKOTA ELECTRONICS |47.25 |
|FEDEX |12.65 |
|GALLS, LLC - DBA NEVE'S UNIFOR |418.60 |
|AUTO VALUE REDFIELD |103.96 |
|INTOXIMETERS INC |1250.00 |
|LIGHT AND SIREN |304.30 |
|PETTY CASH |1.45 |
|SHOPKO STORES OPERATING |16.93 |
|SOLIANT CONSULTING |195.00 |
|THE SHOP |54.02 |
|WELLS FARGO REMITTANCE CENTER |998.58 |
| | |
|JAIL | |
|A'VIANDS, LLC |4.00 |
|BROWN COUNTY SHERIFF'S DEPT. |220.00 |
|FAULKTON REXALL DRUG |165.65 |
| | |
|CARE OF POOR | |
|CENTURY LINK |16.58 |
|NORTHERN VALLEY COMMUNICATIONS |5.51 |
|PETTY CASH |0.21 |
| | |
|COUNTY NURSE | |
|SOUTH DAKOTA STATE TREASURER |1545.00 |
| | |
|MENTALLY HANDICAPPED | |
|SOUTH DAKOTA STATE TREASURER |611.63 |
| | |
|DEVELOPMENTALLY DISA | |
|SOUTH DAKOTA STATE TREASURER |60.00 |
| | |
|COUNTY FAIR | |
|QUILL |253.85 |
| | |
|EXTENSION | |
|A & B BUSINESS SOLUTIONS, INC |107.89 |
|CENTURY LINK |33.14 |
|NORTHERN VALLEY COMMUNICATIONS |11.03 |
|QUILL |47.56 |
| | |
|WEED CONTROL | |
|REDFIELD CITY |6000.00 |
| | |
|PLANNING BOARD | |
|CENTURY LINK |16.58 |
|THE CONDE NEWS |36.97 |
|NORTHERN VALLEY COMMUNICATIONS |5.51 |
|THE REDFIELD PRESS |21.52 |
|THE TIMES RECORD |36.97 |
| | |
|INDUSTRIAL DEVELOP. | |
|CENTURY LINK |16.58 |
| | |
|RD & BRG - ADMIN | |
|A & B BUSINESS SOLUTIONS, INC |21.61 |
|APPEL OIL COMPANY |12685.30 |
|BUTLER MACHINERY CO. |380.57 |
|CENTURY LINK |49.68 |
|CINTAS |32.63 |
|CLAUSEN & SONS CONSTRUCTION LL |28601.30 |
|JCK SERVICE, INC |48.00 |
|KIMLICKA CONSTRUCTION |4040.82 |
|NORTHERN VALLEY COMMUNICATIONS |49.95 |
|REDFIELD HARDWARE HANK |33.42 |
|THE SHOP |801.03 |
|TRANSOURCE TRUCK & EQUIPMENT |448.47 |
| | |
|E-911 | |
|CENTURY LINK |706.06 |
|DAKOTA ELECTRONICS |455.85 |
|JAMES VALLEY TELECOMMUNICATION |219.40 |
|VENTURE COMMUNICATIONS COOP |164.78 |
| | |
|EMERGENCY MANAGEMENT | |
|APPEL OIL COMPANY |78.66 |
|CENTURY LINK |33.14 |
|NORTHERN VALLEY COMMUNICATIONS |5.51 |
REPORTS
• October 2018 Spink County Ambulance Report
• October 2018 Sheriff’s Report
• October 2018 Sheriff’s Bank Account Statement
• September 2018 Report of Payments Received to Reimburse for CAA: $1,180.96
• October 2018 Report of Payments Received to Reimburse for Poor Liens: $2,251.82
• September 2018 Comp & OT Report
Chairman Albrecht declared the meeting adjourned at 11:24 AM until 8:30 AM, Tuesday, December 4, 2018.
Dave Albrecht, Chairman
Spink County Board of Commissioners
ATTEST:
Theresa Hodges, Auditor
Spink County, South Dakota
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