Grant County Commission Proceedings • February 15, 2022

     February 15, 2022

The Grant County Commission met at 8AM with Commissioners Buttke, Mach, Stengel, Street and Tostenson. Chairman Stengel called the meeting to order. Motion by Buttke and seconded by Street to approve the minutes of the February 1, 2022, meeting. Motion carried 5-0. Minutes filed. Motion by Mach and seconded by Buttke to approve the agenda as presented. Motion carried 5-0.

Members of the public present were Allen Heuer, Butch Kaaz, Judy Kaaz and Mark Kriesel. Staff members present were Drainage Officer Steve Berkner and States Attorney Jackson Schwandt.

Chairman Stengel called for public comment for any items not listed on the agenda. There was none. Chairman Stengel closed the public comment period.

The Auditor’s Account with the Treasurer for the month of January was noted.

AUDITOR'S ACCOUNT WITH THE COUNTY TREASURER

To the Honorable Board of County Commissioners, Grant County:

I hereby submit the following report of my examination of the cash and cash items in the hands of the County Treasurer of the County of Grant as of the last day of January, 2022

Cash on Hand, $1,346.90 

Checks in Treasurer’s possession less than 3 days, $121,319.21 

Cash Items, $0.00 

TOTAL CASH ASSETS ON HAND

$122,666.11 

RECONCILED CHECKING First Bank & Trust, $2,964.03; Interest, $0.00; Credit Card Transactions/TIF Fee, $3,446.24; First Bank & Trust (Svgs), $6,420,431.00. 

CERTIFICATES OF DEPOSIT First Bank & Trust, $0.00; First Bank & Trust (TIF), $0.00. 

TOTAL CASH ASSETS

$6,549,507.38  

GENERAL LEDGER CASH

BALANCES:

General, $2,379,270.77; General restricted cash, $2,250,000.00; Cash Accounts for Offices General Fund, $656.00; Sp. Revenue, $460,495.34; Sp. Revenue restricted cash, $0.00; Henze Road District, $98.73; TIF Apportioning Northern Lights, $0.00; TIF Milbank, $0.00; TIF Northern Lights, $0.00; Special assessment Land Rent, $0.00;  Trust & Agency, $1,458,986.54; (schools 124,738.20, twps 24,343.86, city/town 24,924.652)

TOTAL GENERAL LEDGER CASH

$6,549,507.38 

Dated this 9th day of February, 2022

Karen M. Layher

County Auditor

The Clerk of Courts fees for the month of January were $6,282.68 and the Sheriff fees for the month of January were $3,862.00 with $2,010.00 receipted into the General Fund. The Register of Deeds fees for January were $8,358.75.

Drainage: Chairman Stengel adjourned the Board of Commissioners and convened the Commission acting as the Drainage Board for Permit DR2022-01 for Allen Heuer located in SW1/4 EX 1 1/2  A & EX Lot H-4 in 27-120-52 Mazeppa Twp. The motion to approve the permit had been tabled at the January 18, 2022 meeting.

Chairman Stengel called on Drainage Officer Berkner to present the permit. Berkner explained that Heuer’s drainage project had already been completed without a permit and at a prior meeting the penalty issue had been resolved. Berkner reported he had reviewed Section 101 and those questions were answered in the affirmative. Sections 313 and 317 were answered in the affirmative as well indicating there were not any negative impacts downstream. The permit application has a ten-inch outlet which calculates to 340 gallons per minute through a double wall pipe if running at 100% capacity. The outlet, if located on the other side of the road has grassland to filter the water being discharged. The two issues to be decided today are if the outlet can be in the county’s ROW and whether to allow the tile through the county road from Heuer’s land to the Korth land with the outlet on the Korth land.

Hwy. Supt. Schultz reported the culvert has water on both sides and when tapping on the structure, the sound indicates being open. If there is an issue in the spring with the culvert, it can be replaced. Both Allen Heuer and Mark Kriesel indicated the road has had a hole develop in the center which the blade operator has repaired.

Commissioner Tostenson would like to suggest Heuer be allowed to tile through the county road and outlet on the Korth land. Commissioner Street asked Butch Kaaz his opinion and Kaaz stated that he prefers the tile to go across the road from the Heuer to the Korth land. Heuer stated he has reached an agreement with Butch and Judy Kaaz to remove the tile and restore the land when the weather conditions are favorable for the work to be done.

The question was asked if the tiler would receive a penalty as well. States Attorney Schwandt stated that Section 320 of the ordinance does not allow a civil penalty against the tiling company. A criminal penalty is against the person running the equipment to install the tile.

Commissioner Tostenson stated under Section 312 of the ordinance, the Board may extend action on a permit until all required signatures and information is presented to the Board. The Board discussed approving the permit with conditions or continuing the permit hearing due to extenuating circumstances. The three items needed from Heuer are: a signature from Korth for the outlet on his land, signature from Hwy. Supt. to cut through the county road and a copy of the agreement between Heuer and Kaaz to remove tile and repair the Kaaz land.

Commissioner Mach addressed the issue of the open inlet versus putting in additional laterals for a more natural filtering of the water to the outlet. Heuer asked if the Board would prefer that he plug the inlet. Commissioner Street pointed out the outlet on the Korth land is grassland and the water will flow through the grassland to the natural run filtering the water.

The question was called by Chairman Stengel. Motion by Tostenson and seconded by Street to extend the permit determination until the March 1 meeting as allowed under Section 312 and to request signatures from Korth and the Hwy Supt be obtained and a copy of the agreement between Heuer and Kaaz be obtained for the record. He also asked Heuer to report back within a year if he plugged the outlet or not and the effects it had on the tile project. Motion carried 5-0.

This concluded the business for the Drainage Board. Chairman Stengel adjourned the Drainage Board and reconvened the Board of Commissioners.

Economic Development: Krista Atyeo-Gortmaker reported on the progress of the Koch School Senior housing project, federal railroad funding legislation, and local support of the rail lines and SB 53 which is a housing bill with a grant funding section. She also spoke on the need for day care providers which would allow parents to enter the workforce. She is working on five business inquiries with two focused on building structures. She reported on the branding and marketing page for the Milbank area. This branding and marketing page is part of the Governor’s plan for marketing SD. The firm of Lawrence and Schiller is working on the marketing plan. Commissioner Tostenson asked for more of a presence for all of Grant County and Commissioner Mach asked about buildable lots within Milbank. Affordable housing was another area of discussion.

Highway: Supt. Schultz and Assistant Supt. Daren Peterson were present. A brief discussion was held on the new CDL requirement for truck drivers. The items discussed were covering the cost of tuition, a contract for a two-year employment commitment and train the trainer program. Bridge Inspection: Supt. Schultz requested approval to hire Banner Associates to conduct the bi-annual bridge re-inspection. Motion by Tostenson and seconded by Buttke to authorize Chairman Stengel to sign the following resolution. Motion carried 5-0. Resolution adopted.

2022-04

BRIDGE REINSPECTION

PROGRAM RESOLUTION

FOR USE WITH SDDOT RETAINER CONTRACTS

WHEREAS, 23 CRF 650 Subpart C, requires initial inspection of all bridges and re-inspection at intervals not to exceed two years with the exception of reinforced concrete box culverts that meet specific criteria. These culverts are re-inspected at intervals not to exceed four years.

THEREFORE, Grant County is desirous of participating in the Bridge Inspection Program using Bridge Replacement funds.

The County requests SDDOT to hire Banner Associates (Consulting Engineers) for the inspection work. SDDOT will secure Federal approvals, make payments to the Consulting Engineer for inspection services rendered, and bill the County for 20% of the cost. The County will be responsible for the required 20% matching funds.

Dated this 15th day of February, 2022, at Milbank, South Dakota.

Board of County Commissioners

of Grant County

Douglas Stengel, 

Chairman of the Board

ATTEST:

Karen M. Layher

County Auditor 

Permit: Wilbur-Ellis submitted a permit to land aircrafts on county roads. The applicant must follow SDCL 50-2-2.1 and Administrative Rule 70:02:02:08 which requires the highway superintendent to be notified. Certificate of insurance is on file with applicant assuming all liability. The agreement is only for 2022. Motion by Mach and seconded by Tostenson to approve the permit for the calendar year 2022. Motion carried 5-0. Roads: A discussion was held on maintaining and improving road infrastructure for current and future economic development. The roads discussed were the LaBolt road into the elevator, County Road 19 by West-Con and County Road 4 as this is a main east/west road across the county.

DAV Van: VSO Malimanek reported the VA is working to certify three drivers for the van. Commissioner Tostenson reported he had reached out to Community Transit and will be meeting with the regional managers on the programs available through transit for the veterans as well as other avenues for the transfer of the DAV van to another agency.

Treasurer: Karla DeVaal reported on a tax payment plan she had prepared and discussed with a property owner in Vernon Township. The payment plan will bring the taxes current in December of 2022. Motion by Street and seconded by Mach to approve the tax payment plan and to work with the taxpayer for the collection of the delinquent taxes by December 8, 2022. Motion carried 5-0.

Travel: Motion by Tostenson and seconded by Buttke to approve travel expenses for Commissioner Street to attend the Weed Conference in Huron. Motion carried 5-0.

County Assistance: Motion by Buttke and seconded by Street to deny case PR2022-03 and case PR2022-04. Motion carried 5-0.

Soil Conservation: Motion by Mach and seconded by Tostenson to approve the appointment of Commissioner Street to serve as the liaison to the Grant County Soil Conservation Board. Motion carried 5-0.

Special License: The hearing for a special event malt beverage license was held. The request for the special license is by the Revillo Fire Dept for the purpose of two fundraisers to be held on March 5 and 26 at the former Grant-Deuel School. Certificate of insurance will be provided by the City of Revillo. Motion by Street and seconded by Buttke to approve the two-malt beverage special event licenses for the Revillo Fire Dept and to waive the $100 fee for each license. Motion carried 5-0.

Cash Transfers: Motion by Buttke and seconded by Street to approve the cash transfer as per the 2022 budget. Motion carried 5-0.

FROM, TO, AMOUNT

101 General, 229 Domestic Abuse, $1,315

Abatements: Motion by Tostenson and seconded by Mach to approve an abatement as presented for tax receipt: 212371.0 in the amount of $263.18 due to qualified disabled veteran exemption. Motion carried 5-0.

Unfinished Business: Commissioner Tostenson reported that the grant process for the Community Transit Building expansion is moving forward but going slowly. The Commission was encouraged to review the proposed comprehensive land use plan as the plan is the force behind development in the county.

New Business: The annual Township Association meeting will be held on Friday, February 25 at 1 pm in the Courthouse Community Room. Discussion was held on the application for rural water hookup at the Marvin Highway Shop, if the water service is extended to that area.

Correspondence: None

Consent: Motion by Mach and seconded by Street to approve the consent agenda. Motion carried 5-0.

1. Approve hiring of Renae Buttke as Dispatcher/Jailer effective 1-31-2022 at $16.85 per hr

2. Approve re-appointment of Diane Pillatzke to the Library Board

3. Approve D-Ware software license agreement for Hwy. project accounting for $4,350

4. Approve step increase for Visiting Neighbor Aide Marie Loutsch to step 2 at $15.70 per hour effective 2-7-2022

5. Approve step increase for Hwy, blade operator Scott Stecker to 6 months at $20.55 per hour effective 2-23-2022

Claims: Motion by Mach and seconded by Buttke to approve the claims. Motion carried 5-0. A-OX WELDING, supplies 17.11; ADVANCED TECHNOLOGIES, supplies 119.97; AUSTIN, STRAIT, BENSON & THOLE, court appt atty 315.30; BERENS MARKET, inmate groceries 133.85; BORNS GROUP, mailing expense 994.55; BUTLER MACHINERY, repairs & maint 662.80; CENTER POINT, books 402.48; CENTURYLINK, phone 152.62; CHS, gas & propane 3,229.19; CITY OF WATERTOWN, 911 surcharge 6,147.86; COLLABORATIVE SUMMER LIB, supplies 12.22; CRAIG DEBOER, car wash usage 527.04; DELORIS RUFER, lib rent 100.00; FOOD-N-FUEL, inmate meals 141.75; GRAJCZYK LAW OFFICE, prof services 300.00; GRANT COUNTY REVIEW, publishing 719.95; GRANT-ROBERTS RURAL WATER, water usage 37.30; GRANT/ROBERTS AMBULANCE, allocation 2,458.33; INGRAM, supplies & books 1,027.71; INSIGHT, supplies 322.50; INTER-LAKES COMM ACT, service worker 2,605.25; ITC, phone, internet & labor 1,531.87; JASON SACKREITER, garbage service 230.00; KJ & K FLOWERS, supplies 40.00; LEWIS, supplies 243.64; MACK STEEL WAREHOUSE, supplies 422.46; MCLEOD'S, supplies 250.00; MICROFILM IMAGING SYSTEMS, scanner rent 620.00; MICROMARKETING, audio/visuals 88.78; MIDWEST TRUCK & PARTS, supplies 51.47; MT LIBRARY SERVICES, books 80.00; MUNDWILER FUNERAL HOME, prof services 3,500.00; NCRAAO, registration 650.00; NORTHWESTERN ENERGY, natural gas 1,235.10; OTTER TAIL POWER, electricity 4,247.35; QUALIFIED PRESORT, prof services 2,570.99; QUILL, supplies 166.97; RC TECHNOLOGIES, 911 transport & tower rent 95.96; REDWOOD TOXICOLOGY, supplies 220.99; RELIANCE TELEPHONE, supplies 500.00; RELX, online charges 725.00; RIVER STREET PETROLEUM, propane 15.00; RUNNINGS, supplies 548.89; SANDRA FONDER, prof services 137.50; SCANTRON, prof services 11,281.64; SCOTT BRATLAND, court appt atty 4,211.65; SD ASSN CO COMMISSIONERS, CLERP 523.00; SD DEPT OF PUBLIC SAFETY, supplies 50.00; TWIN VALLEY TIRE, tires & repair 959.97; VALLEY OFFICE, supplies 487.93; VALLEY RENTAL & RECYCLING, allocation 650.00; VALLEY SHOPPER, publishing 53.16; VERIZON WIRELESS, hotspot 38.52; VISA, postage, minor equip, gas, supplies, books 1,950.30; WHETSTONE VALLEY ELECTRIC, electricity 1,393.95; WS LEASING, 4h building 114,253.86; XEROX, copier rent 694.53. TOTAL: $175,148.26.

MONTHLY FEES: SDACO, ROD modernization fee 230.00; SD DEPT OF REVENUE, monthly fees 166,823.16. TOTAL: $167,053.16.

Payroll for the following departments and offices for the February 14, 2022, payroll are as follows: COMMISSIONERS 3,335.90; AUDITOR 7,808.37; ELECTION 349.69; TREASURER 5,138.85; STATES ATTORNEY 6,973.80; CUSTODIANS 2,783.63; DIR. OF EQUALIZATION 3,970.50; REG. OF DEEDS 4,099.35; VET. SERV. OFFICER 1,101.00; SHERIFF 13,410.83; COMMUNICATION CTR 7,754.09; PUBLIC HEALTH NURSE 818.40; ICAP 65.00; VISITING NEIGHBOR 1,616.53; LIBRARY 7,546.37; 4-H 3,345.35; WEED CONTROL 1,912.00; P&Z 1,363.45; DRAINAGE 264.55; ROAD & BRIDGE 32,242.08; EMERGENCY MANAGEMENT 2,160.00. TOTAL: $108,059.74.

Payroll Claims: FIRST BANK & TRUST, Fed WH 8,082.17; FIRST BANK & TRUST, FICA WH & Match 13,159.92; FIRST BANK & TRUST, Medicare WH & Match 3,077.78; AAA COLLECTIONS, deduction 34.08; ACCOUNTS MANAGEMENT, deduction 100.00; AMERICAN FAMILY LIFE, AFLAC ins. 1,507.22; WELLMARK-BLUE CROSS OF SD, Employee health ins. 919.79; OFFICE OF CHILD SUPPORT ENFORCEMENT, child support 210.00; SDRS SUPPLEMENTAL, deduction 1,369.33; SDRS, retire 12,142.70. TOTAL: $40,602.99

It is the policy of Grant County, South Dakota, not to discriminate against the handicapped in employment or the provision of service.

The next scheduled meeting dates will be March 1 and 15 and April 5, 12 and 19, 2022 at 8 AM. Motion by Mach and seconded by Street to adjourn the meeting. Motion carried 5-0. Meeting adjourned.

 /s/ Douglas Stengel,

Chairman,

Grant County Commission

/s/ Karen M. Layher, 

Grant County Auditor