COMMISSIONER’S PROCEEDINGS - Lyman County, South …



COMMISSIONER’S PROCEEDINGS

REGULAR SESSION

May 7, 2019

The Lyman County Commissioners met in regular session in the Conference Room in the Courthouse at Kennebec, South Dakota, May 7, 2019, at 8:30 a.m. with the following members present: Chairman Ryan Huffman, Bill Lengkeek, Leslie Reuer, Zane Reis, Jared Schelske and Auditor Deb Halverson.

CALL TO ORDER:

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

ADOPT AGENDA:

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

APPROVE MINUTES:

Motion by Reuer, seconded by Lengkeek to approve the minutes of April 23, 2019. All voting aye.

APPROVE BILLS:

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

|Commissioners Salary |4,948.35 |

|Auditor's Office Salary |7,558.14 |

|Treasurer's Office Salary |8,477.48 |

|States Attorney Salary |4,929.46 |

|Courthouse Salary |3,914.39 |

|Director of Equalization's Office Salary |8,715.73 |

|Register of Deed's Office Salary |6,639.06 |

|Veterans Service Office Salary |362.61 |

|Sheriff's Office Salary |21,169.87 |

|Coroner Salary |346.95 |

|Nurse & WIC Salary |2,059.34 |

|Weed Salary |568.25 |

|R&B Construction Salary |26,448.82 |

|R&B Administration Salary |6,772.58 |

|Emergency Management Service Salary |2,626.65 |

|Total April 2019 Salary |$105,537.68 |

|3D Specialties Inc |578.18 |

|A-Ox Welding Supply - RB Supplies |20.21 |

|April 2019 Apportionment - Schools |1,539,899.74 |

|April 2019 Apportionment - Cities |137,801.51 |

|April 2019 Apportionment - Townships |15,718.26 |

|April 2019 Apportionment - SC Water District |497.29 |

|April 2019 Apportionment - WR/LJ Water District |9,937.83 |

|April 2019 Apportionment - Vivian Sanitary District |559.86 |

|April 2019 Apportionment - Lyman County Ambulance District |56,677.32 |

|AT&T Mobility - Sheriff Cell Phone |187.48 |

|AT&T Mobility - Emergency Manager Cell Phone |45.31 |

|AT&T Mobility - Highway Office Cell Phone |48.43 |

|Best Western Kelly Inn Yankton - DOE Travel Expense |285.00 |

|Butler Machinery Co - RB Parts & Repairs |4,117.14 |

|Brakke, Tracy - 2019 Employer Medical Reimbursement |3,900.00 |

|Brosz Engineering Inc. - RB Engineering Costs - CO Rd 14 |3,750.00 |

|Cardmember Service - Sheriff Supplies |210.00 |

|Century Business Products - Extension Copier Expense |31.88 |

|Coffee Cup Fuel Stops - Sheriff's Office Travel |54.46 |

|Connecting Point - Auditor Computer Work |420.00 |

|Farmers Union Oil Co - RB Parts |8.00 |

|Grossenberg Implement Inc - RB Parts & Repairs |180.46 |

|Halvorson Oil - RB Parts |42.22 |

|Halvorson Oil - Sheriff's Office Travel |83.23 |

|Hickey Heating AC & Plumbing - RB Shop Repairs |216.58 |

|Hieb's Cenex - RB Fuel |114.23 |

|Hieb Oil - RB Fuel |21,547.46 |

|Hieb Oil - Sheriff's Office Fuel |1,097.99 |

|Hopkins Plumbing Heating & AC - Courthouse Repairs |1,296.35 |

|Janssen Law, Prof. LLC - Court Appointed Attorney Fees |261.25 |

|John Deere Financial - RB parts & labor |240.92 |

|Kennebec Telephone Co. - RB Shop telephone |44.03 |

| Courthouse fax line expense |41.94 |

| DOE telephone & DSL expense |71.34 |

| Ext telephone & DSL expense |59.78 |

| VSO telephone & DSL expense |62.53 |

| Auditor telephone & DSL expense |58.77 |

| RB Office telephone & DSL expense |102.85 |

| Sheriff telephone expense |362.07 |

| Auditor modem line expense |40.74 |

| States Attorney telephone & DSL expense |57.11 |

| Treasurer telephone & DSL expense |65.81 |

| ROD telephone expense |57.11 |

| Commissioner Room telephone expense |45.74 |

| 911 telephone expense |144.00 |

| RB Parts, repairs, & labor |375.16 |

| RB Supplies |43.91 |

| RB Culvert Work |278.20 |

|Lincoln County Auditor - Mental Illness Exp |67.50 |

|Lyman County Herald - Commission Publishing |433.04 |

|Lyman County Treasurer - Treas. Trust (2) |1,504.31 |

|Menards Pierre - Courthouse Supplies |46.85 |

|Northwest Pipe Fittings Inc - RB Culverts |3,523.04 |

|Office Products Center - RB Supplies |28.32 |

|Office Products Center - DOE Office Supplies |31.98 |

|Office Products Center - Sheriff's Supplies |26.78 |

|Olinger, Lovald, McCahren, Van Camp & Konrad PC - Court Appointed Attorney |1,787.40 |

|Presho Oil Company Inc. - Sheriff's Travel |36.40 |

|Powerplan - RB Parts & Repairs |813.14 |

|Quill - Commissioners Supplies |218.35 |

|Quill - Auditor's Office Supplies |492.83 |

|Quill – Treas. Office Supplies |520.32 |

|Quill - 1/4% MV Supplies |133.98 |

|Quill - Courthouse Supplies |85.37 |

|Quill - County Office Supplies |13.56 |

|Quill - DOE Office Supplies |418.54 |

|Quill - ROD Office Supplies |209.27 |

|Reditest Screening Devices - UA Kits |431.31 |

|Riverview Chevrolet Buick - RB Repairs |277.22 |

|Runnings Supply Inc. - RB Parts |377.09 |

|ScottE Enterprises Inc - RB Supplies |10.99 |

|SD Attorney General's Office - April Scram Payments |308.00 |

|SD Dept of Health - Investigation Expense |40.00 |

|SD Dept. of Revenue - April Collections - SMV |14,673.87 |

|SD Dept. of Revenue - April Collections - State Hiway Patrol |333.00 |

|SD Dept. of Revenue - April Collections - Driver's License |273.00 |

|SD Dept. of Revenue - April Collections - 4% |25,654.22 |

|SD Dept. of Revenue - April Collections - ROD |190.00 |

|SD Dept. of Revenue - Predatory Animal Control |1,959.35 |

|SD Dept. of Revenue - CC&F Malt Beverage Licenses Renewal |150.00 |

|SD State Treasurer - March-April Excise Tax Remittance |239.10 |

|SD State Treasurer - March-April Sales Tax Remittance |32.89 |

|SDAAO - DOE Assessor School |350.00 |

|SDACO - ROD M&P funds April 2019 |122.00 |

|Servall Uniform & Linen - Courthouse Supplies |90.76 |

|Sturdevant's Auto Parts - RB Parts |6.46 |

|Sturdevant's Auto Parts - RB Supplies |80.24 |

|Willrodt Motor Co., Inc. - Sheriff Vehicle Repair |149.32 |

|Winner City - February 2019 911 Surcharge |3,377.92 |

|WW Tire - RB Supplies |718.98 |

|Yankton County Treasurer - Mental Illness Board Expense |120.00 |

|  |$1,862,096.38 |

|Langenbau, Brittany - Nurse Meals |44.00 |

|Jennings, Don - Coroner Call |75.00 |

|Maguire, Janelyn - DOE Mileage & Meals |345.48 |

|Manger, Steve - Sheriff's Meals |89.00 |

|Mitchell, Margo - Sheriff's Office Mileage & Meals |291.60 |

|Sletto, Gary - VSO Mileage |57.60 |

|Total Salary Reimbursements |$902.68 |

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

Motion by Lengkeek, seconded by Schelske to approve the following April 2019 reports. All voting aye.

AUDITOR’S ACCOUNT: Cash on hand: $826.01; Checks in Treasurer’s possession less than 3 days old: $434,256.85; BankWest Checking: $31,788.71; BankWest Savings: $4,626,188.80; 1st Dakota Bank CD’s: $212,091.50; Dakota Prairie CD’s: $661,952.06 for a total of $5,967,103.93. General Fund: $1,930,894.19; Special Revenue Funds: Road & Bridge Assigned: $1,898,899.94; Secondary Road Restricted: $94,119.31; 911 Fund: $31,502.58; Fire: $112,823.50; Emergency Management: $25,817.84; Domestic Abuse: $575.00; 24/7 Sobriety: $18,039.17; Register of Deeds M&P: $32,945.63; Trust & Agency Funds: $1,821,372.07. Of this amount the following entities received: State of SD: $43,083.44; School Districts: $1,539,899.74; Cities & Towns: $137,801.51; Townships: $15,718.26; SC Water District: $497.29; WR/LJ Water District: $9,937.83; Vivian Sanitary District: $559.86; Lyman County Ambulance District: $56,677.32 for a total of $1,804,175.25.

REG. OF DEEDS FEES: $2,369.00 less $122.00 sent to SDACO for the Reg. of Deeds Modernization & Preservation Fund.

CLERK OF COURTS (March): $8,259.11 less $4,914.57 forwarded to Lyman School District, $6.92 to Chamberlain School District and $26.72 to Winner School District for fine money.

BUILDING PERMITS:

Motion by Schelske, seconded by Reis to approve the following building permits: 1) Chris Eymer to move a 70’x100’ building from Presho to Lots 5-12, Block 2, Village of Lyman; 2) David & Wanda Clark to put an 18’x24’ addition to a shop at 23550 Ft. Hale Bottom Road, Reliance; 3) Ryan Kenzy to build a 30’x56’ house in NE4 of 30-101-72; and 4) Darren Hickey to build a 32’x32’ pole building in 26-105-71. All voting aye.

PLATS:

Motion by Lengkeek, seconded by Reis to approve the following plats. All voting aye.

1) Lot 1, Schindler First Subdivision in the NW1/4 of 17-105-73.

2) Lots 2 and 3, Schindler Second Subdivision in the SW1/4 of 16-105-73.

SURPLUS OFFICE EQUIPMENT:

Motion by Reis, seconded by Reuer to surplus and sell old office chairs that have been replaced. All voting aye.

RESIGNATION:

Motion by Schelske, seconded by Reuer to accept the resignation of Nurse Office Manager Cathy Borah, who has been on a leave of absence since January 1, 2019. All voting aye.

Resolution of Appreciation

Whereas, Cathy Borah has served as the Lyman County Nurse Office Manager since 1999 and also as the Lyman County Extension Office Manager from 2012 until 2017; and

Whereas, since that time, Cathy Borah has given many hours of her time in service to Lyman County and its citizens, for which Lyman County is extremely grateful; and now therefore,

Be It Hereby Resolved, the County of Lyman hereby expresses its grateful and sincere appreciation to Cathy Borah for her years of unselfish, devoted service to Lyman County; and

Be It Further Resolved, that this Resolution of Appreciation be spread upon the minutes of the Commissioner’s Meeting and be made part of the permanent records of Lyman County; and

Be It Further Resolved, this Resolution be presented to Cathy Borah with the County’s sincere thanks for her contribution to Lyman County.

Motion by Schelske, seconded by Reuer, the above Resolution of Appreciation shall be approved. All voting aye.

Dated at Kennebec, South Dakota, this 7th day of May, 2019.

___________________________________ ATTEST: ________________________________

Ryan Huffman, Chairman Debra Halverson

Lyman County Commissioners Lyman County Auditor

MISSOURI VALLEY CRISIS CENTER:

Motion by Lengkeek, seconded by Reis to give Missouri Valley Crisis Center $3000 for operating purposes. All voting aye.

COUNTY HEALTH NURSE:

Mary Jo Garnos, CHN, met with the commissioners to give her quarterly update. She discussed the WIC income requirements and participation numbers, along with the importance of vaccines, including the HPV vaccine that protects against the virus that can lead to various types of cancer. Garnos also discussed her Office Manager position and would like her current temporary Office Manager to go Permanent Full Time. Motion by Reuer, second by Reis to move Brittany Langenbau to permanent full-time employee effect May 1, 2019, at a rate of $2440 per month during six-month probation, which started her date of hire of February 26, 2019. All voting aye. Brittany Langenbau was present after motion to meet the commissioners. Garnos and Langenbau left the meeting.

TRANSFER OF VACATION/SICK LEAVE:

Motion by Schelske, second by Reis to transfer Misti Ramser’s vacation and sick leave hours that were accrued as the Deputy Register of Deeds to the hours accrued as the Highway Office Manager. All voting aye.

MALT BEVERAGE LICENSE RENEWAL:

Motion by Schelske, seconded by Reuer to approve the license renewal application by CC&F Retail Inc. (Coffee Cup Fuel Stop #8 Vivian) for Retail (on-off sale) Malt Beverage & SD Farm Wine, Smith Outlots 4 & 5 in the NE¼ of 9-105-79. All voting aye.

SD DOT:

Doug Sherman, Winner Area Engineer for the SD DOT, and Walt Nagel entered the meeting. Sherman met with the commissioners to discuss an upcoming project the state will be doing in 2020 that includes improving the I-90 cross roads in Jackson, Jones and Lyman Counties. Sherman presented the board with an updated Joint Powers Maintenance Agreement that outlines maintenance responsibilities for interstate underpasses in Lyman County. The state plans to grind up more of the underpass roads that are currently asphalt, and at that time the county would be agreeing to take over snow and ice removal along with driving surface repairs to the gravel roads, in the same manner they currently do with other gravel underpass roads. States Attorney Steve Smith will be asked to take a look at the document before the board makes a decision. Sherman left the meeting.

HWY/WEED DEPT:

Supt. Walt Nagel discussed potential fixes to Bison Road that is sliding along the White River. The road will need to be moved and he is currently working to find the best alternate route to avoid issues in the future. Information was also sent in to the State Emergency Relief Program regarding all spots on roads that where damaged due to flooding and storms. Nagel also discussed gravel at the Larson Pit and approximately how many miles will be able to be graveled this year. Nagel also informed the board that the county has been awarded a Weed & Pest Fund Grant in the amount of $6,300. Motion by Reis, second by Lengkeek to authorize Chairman Huffman to sign the Letter of Agreement for a Grant. All voting aye. Supt. Nagel left the meeting.

EXECUTIVE SESSION:

10:35 a.m. Motion by Reis, seconded by Reuer to enter into executive session per SDCL1-27-1.5. All voting aye. States Attorney Steve Smith and Sheriff Manger was present.

11:50 p.m. Chairman Huffman declared the board out of executive session. No action required. Steve Manger Left the meeting.

NEPOTISM POLICY:

Motion by Reis, second by Reuer to change the County Nepotism Policy to the following with all voting aye:

208 Nepotism

A. A member of an employee’s family will be considered for employment by Lyman County, provided the applicant possesses all the qualifications for employment. An immediate family member may not be hired, however, if such employment would:

1. Create either a direct or indirect supervisor/subordinate relationship with a family member; or

2. Create either an actual conflict of interest or the appearance of a conflict of interest.

An exception to this policy can be made with approval of, and at the discretion of, the Board of County Commissioners.

Steve Smith left the meeting.

REGISTER OF DEEDS:

Register of Deeds Tracy Brakke met with the commissioners to discuss what type of position she could hiring for a Deputy ROD. Board consensus is to start with a part time position with no benefits, approximately 20 hours per week as needed, until it can be determined that more help is needed either in the Register of Deeds office or any other office within the courthouse.

ADJOURNMENT:

Motion by Schelske, seconded by Reis to adjourn until May 21, 2019, at 8:30 a.m. All voting aye.

_________________________________________ ATTEST: _________________________________________

Ryan Huffman, Chairman Debra Halverson

Lyman County Commission Lyman County Auditor

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