Grant County Commission Proceedings • January 19, 2021

       January 19, 2021

The Grant County Commission met at 8 AM with Commissioners Buttke, Mach, Street and Tostenson. Commissioner Stengel was absent. Chairman Tostenson called the meeting to order. Motion by Buttke and seconded by Mach to approve the minutes of the January 5, 2021 meeting. Chairman Tostenson called for a roll call vote. Street aye, Buttke aye, Mach aye and Tostenson aye. Motion carried 4-0. Minutes filed. Motion by Mach and seconded by Street to approve the agenda as presented. Chairman Tostenson called for a roll call vote. Street aye, Buttke aye, Mach aye and Tostenson aye. Motion carried 4-0.

Member of the public present was Jim DeVaal. Kathy Tyler, Jay Gilbertson and Todd Kays joined the meeting telephonically.

The Chairman called for public comment. Kathy Tyler thanked the Commission for listening to the public at the hearing for the drainage ordinance. She asked how the time limit was determined for testimony and suggested the time limit for testimony should be made public before the hearing.

Auditor’s Account with the Treasurer for the month of December 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 December, 2020

Cash on Hand, $1,206.36 

Checks in Treasurer’s possession less than 3 days, $6,770.22 

Cash Items, $0.00 

TOTAL CASH ASSETS ON HAND

$7,976.58 

RECONCILED CHECKING First Bank & Trust, $1,387.43; Interest, $0.00; Credit Card Transactions/TIF Fee, $1096.80; First Bank & Trust (Svgs), $5,673,007.00. 

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

TOTAL CASH ASSETS

$5,683,487.81  

GENERAL LEDGER CASH

BALANCES:

General, $2,492,752.25; General restricted cash, $2,250,000.00; Cash Accounts for Offices General Fund, $605.00; Sp. Revenue, $379,038.96; Sp. Revenue restricted cash, $0.00; Henze Road District, $0.00; TIF Apportioning Northern Lights, $0.00; TIF Milbank, $0.00; TIF Northern Lights, $0.00; Special assessment Land Rent, $0.00;  Trust  & Agency, $561,071.60; (schools 29,531.58, twps 1,637.89, city/town 3,700.44)

TOTAL GENERAL LEDGER CASH

$5,683,467.81 

Dated this 13th day of January, 2021

Karen M. Layher

County Auditor

The Register of Deeds fees for the month of December were $13,705.75. The Clerk of Courts fees for the month of December were $9,148.16 and the Sheriff fees for the month of December were $5,645.38 with $1,974.38 receipted into the General Fund.

CHN: Jennifer Meyer and office assistant, Jessica Anderson, reported the health nurse is still conducting telephone appointments. Waivers will continue through May. The number of clients has slightly decreased, and the expected cause is related to COVID. Jennifer provided information on the COVID vaccines. Each County has been given an allocated number of doses with both vaccines requiring a second dose. Another resource for the public is the 211-help line. Individuals may call this number to receive information on the available resources: family issues, financial resources, COVID and mental health. The 211-help line is available as an app to be downloaded onto a person’s phone.

Highway: Supt. Schultz discussed adding a stop ahead sign and next summer adding rumble strips at the intersection of County Road 8 and 17 by the Harlan Bohn residence. He stated he had a request for the sign as this is a t-crossing intersection and individuals may not see the STOP sign when there is inclement weather. The Commission agreed with Supt. Schultz’s recommendation. Kerwin stated he would like to make some changes on STOP signs to yield signs and yield to STOP signs. He stated he is checking on compliance issues and will make recommendations at a future meeting. Commissioner Stengel joined the meeting telephonically at 8:26 AM.

Commissioner Street brought up for discussion removing the weight limit restrictions on Old Highway 12 (AKA County Road 10) from Pizza Hut to the Minnesota line and County Road 39 (3 miles of gravel) to allow full loads of corn to be hauled to the Ethanol Plant from the south and east side of the County. He believes it is a matter of equality. Supt. Schultz informed the Commission he should have a report from Banner within a couple of weeks for options on the LaBolt road and the Ethanol Plant road based on the coring samples done last year with the intent to improve these two roads to carry legal loads. Commissioner Mach and Stengel expressed concerns with the gravel road (#39) being damaged because the road has had break ups and soft spots. Commissioner Tostenson stated these roads are not being closed, loads can still be hauled, just not at the full load capacity. Chairman Tostenson stated due to this item not being on the agenda, he is requesting Supt. Schultz to report on his recommendation of whether these two roads discussed should be posted with restrictions or not. He requested this item be placed on the February 16 agenda.   

BIDS FOR FUEL

11/03, UPI, 1.62 (Ethanol), 1.54 (Diesel 1/2); Cenex,1.70 (Ethanol), 1.62 (Diesel 1/2); UPI was the low bidder for Ethanol at 1.62 and for a blend of Diesel 1 and 2 at 1.54.

11/16, UPI, 1.67 (Diesel 1/2); Cenex, 1.75 (Diesel 1/2); UPI was the low bidder for a blend of Diesel 1 and 2 at 1.67.

11/24, UPI, 1.688 (Ethanol); Cenex, no bid; UPI was the only bidder for Ethanol at 1.688.

12/17, UPI, 1.836 (Ethanol), 1.945 (Diesel 1/2); Cenex, No Bid (Ethanol), No Bid (Diesel 1/2); UPI was the only bidder for Ethanol at 1.836 and for a blend of Diesel 1 and 2 at 1.945.

States Attorney: Newly elected States Attorney Jackson Schwandt introduced himself to the Commission and provided a brief overview of work experience and decision to attend law school. He decided to seek office to serve the community by enforcing the laws. The Commission extended their welcome.

Sheriff: Kevin Owen with Deputy Mark Leusink present, regretfully submitted the resignation of Deputy Leusink effective January 28. Sheriff Owen commended Deputy Leusink on his achievements over the past 9 years which include over 100 felony drug arrests. Mark has been the lead investigator for the County and has done a great job. Mark stated he has accepted another position in Aberdeen. While he hates to leave Milbank, the new job is a career advancement. Motion by Mach and seconded by Buttke to accept the resignation of Mark Leusink and to thank him for his service to Grant County. Chairman Tostenson called for a roll call vote. Street aye, Buttke aye, Stengel aye, Mach aye and Tostenson aye. Motion carried 5-0. Mark also submitted his resignation as County Coroner. The term of office is 2021-2024. Under election law, the Commission would appoint for a 2-year term for 2021-2022. The office would be up for election in November of 2022 to fill the remaining two years of 2023-2024. Motion by Buttke and seconded by Street to accept the resignation of Mark Leusink as County Coroner and upon recommendation of Mark to appoint Orville Folk as Coroner effective January 28 for the term of 2021-2022. Chairman Tostenson called for a roll call vote. Street aye, Buttke aye, Stengel aye, Mach aye and Tostenson aye. Motion carried 5-0. Sheriff Owen stated he is advertising for a deputy and a dispatcher position.

Statistics: Sheriff Owen presented the following statistics for the month of December for the Detention Center. Average Daily inmate population 3.25; Number of bookings 18; Work release money collected $0.00; 24/7 Preliminary Breath Test (PBT) fees collected $162.00; SCRAM (alcohol detecting bracelet) fees collected $0.00; 24/7 PBT participants 4; SCRAM (Sobriety Program) participants 0; Calls for Service (does not include walk-in traffic) 412; Accidents investigated 6; Civil papers served 79; Cumulative miles traveled 9,278; 911 calls responded to (including Milbank) 80.

Alcohol License: The public hearing for the transfer of a Retail (On-Sale) Liquor License and a Retail (On-Off Sale) Malt Beverage License with the issuance of the license to Melissa O’Farrell for BitterSweet Lodge was held. The liquor license is for the remainder of 2021 and the malt beverage license is for the period of July 1, 2020 to June 30, 2021. No members of the public were present to comment. Auditor Layher reported the affidavit of transfer has been completed by Sally Bisgard. The application for transfer of the licenses and the application for the new licenses have been signed and appropriate fees have been collected. The real estate taxes are paid. Motion by Mach and seconded by Buttke to approve the application for the transfer and license of the malt beverage and liquor license to Melissa O’Farrell for BitterSweet Lodge. Chairman Tostenson called for a roll call vote. Street aye, Buttke aye, Stengel aye, Mach aye and Tostenson aye. Motion carried 5-0.

Treasurer: Karla DeVaal informed the Commission her office is busy filling the tax drawers with the property file cards for 2021. Tax statements are printed and mailed by Quality Presort and should be ready to be mailed by the end of the month. The counter work has been busy with motor vehicle transactions. Karla asked about having part-time worker, Marilyn Rethke, assist in the office. Chairman Tostenson stated that had been approved at a prior meeting and to work with Auditor Layher on the issue.

Register of Deeds: Rebecca Wellnitz expressed her appreciation to the Commission for the Christmas lunch provided by them and for the salary increases for the employees. She reported her office is busy with real estate transfers due to refinancing which brings in revenue for the County. Her office is current on the workload. Through Micro Imaging, the software provider for her office, the rental laptop allows her or the deputy to remote in and work from home, if needed.

Dir. Of Equalization: Kathy Steinlicht reported her office is busy inputting data for the 2021 assessment notices that must be mailed by March 1. She is working on entering reappraisal and new construction valuations with lot values next on the lists. The intention of projected valuations had to be sent in by December 1st and that deadline was met. Her adjustments for valuations include a 15% increase for residential and land acres between 2 to 10 acres. Rural acreages are selling for a minimum of $300,000. The Department of Revenue wants the medium level of assessment to be between 85 to 90%. Ag land is valued on the productivity method. The average cropland values went down by $114 and the average grassland rate went up $85. These numbers, as well as land rent, are provided by Revenue. She is continuing to work on the re-appraisal. The SE area of Milbank will be done next year. Her plan is for an eight-year rotation cycle for the reappraisal of the County.

Auditor: Karen Layher reported the tax levies for 2020 have been approved by the Dept. of Revenue. There was a software issue for the tax program that took a week to resolve and because of that the tax statements will be mailed the last week of January. Her office has been working on month end processing, year-end procedures including 1099’s and W-2’s.

Drainage: Chairman Tostenson requested to have a discussion on drainage and the comments or suggestions made at the public hearing. Items of discussion included: having the P & Z Board overseeing the drainage permits and attaching conditions with a report to the County Commission; the State law refers to adopting a plan; the law makes the plan voluntary; the definition of a plan is a blueprint of what the board wants to accomplish or the goals; the definition of a drainage ordinance is the administration or the vehicle through which the plan is implemented; the commission needs to determine what they want to have oversite over, this could be a simple plan or a plan with established drainage basins; the plan could include geography and hydrology; discussed how the Minnesota drainage districts were established and how they are funded; determining capacity of a stream; a solid blue line indicates continuous flow versus a blue line with dashes indicates an intermittent flow of water; a permit indicates the action does not alter the course, amount and timing of flow; the plan would establish the starting point for capacity of permits issued after the adoption of a plan; drainage is an economic tool to increase production; the applicant would need to submit the hydrology report for the project and the County would also need a hydrologist to review and verify the report submitted; the state law does not regulate drainage; the state law lays out the drainage rules to follow if the County adopts a plan and the ordinance; the Commission does need to consider the cost of establishing capacity and the ordinance in relationship to providing funding for the other areas of County government. No action was taken.

Consent: Motion by Stengel and seconded by Buttke to approve the consent agenda as presented. Chairman Tostenson called for a roll call vote. Street aye, Buttke aye, Stengel aye, Mach aye and Tostenson aye. Motion carried 5-0.

1. Approve plat:

2021-02

RESOLUTION

BE IT RESOLVED by the Board of County Commissioners of Grant County, South Dakota that the plat entitled: Old Township Road Addition located in the Southeast Quarter and the East Half of the Southwest Quarter of Section 11, Township 120 North, Range 51 West of the 5th P.M., Grant County, South Dakota, which has been submitted for examination pursuant to law, and it appearing that all taxes and special assessments have been paid and that such plat and the survey thereof have been made and executed according to law, the plat is hereby approved, and the County Auditor is hereby authorized and directed to endorse on such plat a copy of this Resolution and certify the same.

Dated at Milbank, South Dakota, this 19th day of January, 2021. 

William J. Tostenson, Chairman

Board of County Commissioners

Grant County, South Dakota

ATTEST:

Karen M. Layher, County Auditor

Grant County, South Dakota

2. Approve Memorandum of Understanding Between SDSU Extension and Grant County for 2021

3. Approve rental contract of $35 per month with Microfilm Imaging for a Zephyrus laptop

Claims: Motion by Mach and seconded by Street to approve the claims. Chairman Tostenson called for a roll call vote. Street aye, Buttke aye, Stengel aye, Mach aye, and Tostenson aye. Motion carried 5-0. 

A-OX WELDING, supply 16.15; AUTOMATIC TRANSMISSION, repair & maint 1,325.58; BANNER, hwy proj 23,315.00; BEACON CENTER, 4th qtr allocation 598.50; BORNS GROUP, mailing 1,310.59; BUTLER, parts 1,140.54; CENTURYLINK, phone 150.66; CHS, propane 773.55; CITY OF MILBANK, water & sewer 407.65; COLLABORATIVE SUMMER LIB, supplies 365.12; COLONIAL RESEARCH CHEMICAL, supplies 336.52; CRAIG DEBOER, car wash usage 140.66; D.R. MYERS DISTRIBUTING, ref. book 31.95; DEAN SCHAEFER COURT REPORT, prof services 30.00; DELORIS RUFER, lib rent 100.00; GARY FREDRICHSEN, maint & repair 420.92; GLACIAL LAKES & PRAIRIES, dues 784.00; GRANT-ROBERTS RURAL WATER, water usage 36.40; GRANT/ROBERTS AMBULANCE, allocation 2,458.33; HUMAN SERVICE AGENCY, appropriations 9,113.78; INGRAM, books 554.78; INTER-LAKES COMM ACT, service worker 2,565.92; ITC, phone & internet 1,554.01; ISTATE TRUCK, repair & maint 67.84; JAMES WARD, publishing 149.00; LEWIS, supplies 70.29; LOUP ELECTRONICS, repair & maint 116.84; MAC'S, supplies & parts 157.87; MACK STEEL, supplies 500.36; MICROFILM IMAGING, scanner rent 642.00; MIDWEST TRUCK & PARTS, repair & maint 66.04; MILBANK AUTO PARTS, supplies & parts 665.70; MT LIBRARY SERVICES, books 644.30; MUNDWILER FUNERAL HOME, prof services 3,500.00; NORTHWESTERN ENERGY, natural gas 160.99; NOVAK SANITARY, shredding service 16.00; OFFICE PEEPS, supplies 18.93; ONSOLVE, prof services 3,832.50; OTTER TAIL POWER, electricity 3,348.17; QUILL, supplies 342.23; R.D. OFFUTT, repair & maint 632.59; RELX, online charges 725.00; RUNNINGS, supplies & parts 581.16; SAFETY-KLEEN, supplies 234.26; SCOTT R BRATLAND, court appt atty 4,088.98; SD DEPT OF REVENUE, sales & use tax 155.19; STAR TRIBUNE, periodicals 188.76; STATE OF SD, supplies 82.00; STURDEVANTS, supplies 76.38; THE PENWORTHY COMP, books 105.49; TRAPP PLUMBING, prof services 342.72; TWIN VALLEY TIRE, supplies & parts 453.50; TYLER BUSINESS FORMS, supplies 215.52; TYLER TECHNOLOGIES, registration 137.50; VALLEY OFFICE, supplies 170.17; VALLEY RENTAL & RECYCLING, allocation 650.00; VALLEY SHOPPER, publishing 26.58; VERIZON WIRELESS, hotspot 38.52; VISA, supplies 12.18; WHETSTONE VALLEY ELECTRIC, electricity 920.88; WITTROCK & SONS, garbage service 157.50; YANKTON COUNTY SHERIFF, prof services 50.00. TOTAL: $71,874.55.

Payroll for the following departments and offices for the January 14, 2021 payroll are as follows: COMMISSIONERS 3,223.90; AUDITOR 8,623.25; ELECTION 80.78; TREASURER 6,248.58; STATES ATTORNEY 6,189.82; CUSTODIANS 3,252.06; DIR. OF EQUALIZATION 4,333.53; REG. OF DEEDS 4,251.86; VET. SERV. OFFICER 1,278.00; SHERIFF 14,786.49; COMMUNICATION CTR 9,770.49; PUBLIC HEALTH NURSE 1,056.00; ICAP 120.18; VISITING NEIGHBOR 1,876.70; LIBRARY 7,768.28; 4-H 3,782.40; WEED CONTROL 2,186.30; ROAD & BRIDGE 36,004.53; EMERGENCY MANAGEMENT 2,600.00. TOTAL: $117,433.15.

Payroll Claims: FIRST BANK & TRUST, Fed WH 9,664.28; FIRST BANK & TRUST, FICA WH & Match 14,244.90 FIRST BANK & TRUST, Medicare WH & Match 3,331.44; AAA COLLECTIONS, deduction 33.42; AMERICAN FAMILY LIFE, AFLAC ins. 1,417.19; WELLMARK-BLUE CROSS OF SD, Employee health ins. 1555.40; OFFICE OF CHILD SUPPORT ENFORCEMENT, child support 210.00; SDRS SUPPLEMENTAL, deduction 1,195.83; SDRS, retire 13,446.54. TOTAL: $45,099.00.

MONTHLY FEES: SDACO, ROD modernization fee 362.00; SD DEPT OF REVENUE, monthly fees 122,993.04. TOTAL: $123,355.04.

Unfinished Business: At the last meeting, Commissioner Buttke reported he had been asked if the Commission would consider paying a portion of a membership to Unity Square. Auditor Layher reported the City of Milbank does pay $200 towards a membership to Unity. Under the County’s Wellmark insurance, all eligible employees under the group plan, are encouraged to sign up for the free Blue 365 program which offers discounts on a variety of items from sneakers to hotels, including some gyms. Unity Square personnel will be contacted to ask if the complex is partnered with Blue 365.

New Business: None

Correspondence: None

Executive Session: Motion by Stengel and seconded by Mach to enter executive session at 12:03 PM for the purpose of a personnel(s) issue pursuant to SDCL 1-25-2 (1). Chairman Tostenson called for a roll call vote. Street aye, Buttke aye, Stengel aye, Mach aye, and Tostenson aye. Motion carried 5-0. Auditor Layher was present. Chairman Tostenson declared the meeting open to the public at 12:20 PM. Motion by Mach and seconded Stengel to approve the recommendation of the interview committee to hire Steve Berkner for the position of Planning and Zoning Officer at the wage of $19.00 per hour with a start date of February 8, 2021. Chairman Tostenson called for a roll call vote. Street aye, Stengel aye and Mach aye. Commissioners Buttke and Tostenson abstained from the vote. Motion carried 3-0.

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 February 2 and 16 and March 2 and 16, 2021 at 8 AM. Motion by Stengel and seconded by Buttke to adjourn the meeting. Chairman Tostenson called for a roll call vote. Buttke aye, Street aye, Stengel aye, Mach aye and Tostenson aye. Motion carried 5-0. Meeting adjourned.

January 26, 2021

The Grant County Commission met at 1 PM in a special session with Commissioners Buttke, Mach, Street and Tostenson present. Commissioner Stengel joined by phone. Also present were Auditor Layher, States Attorney Schwandt and Sheriff Owen. Chairman Tostenson called the meeting to order and stated the purpose of the meeting was for an executive session for potential litigation per SDCL 1-25-(3). Motion by Mach and seconded by Stengel to approve the agenda as presented. Chairman Tostenson called for a roll call vote. Street aye, Buttke aye, Stengel aye, Mach aye and Tostenson aye. Motion carried 5-0.

Chairman Tostenson called for a motion to enter executive session. Motion by Buttke and seconded by Mach to enter executive session at 1:05 PM. Chairman Tostenson called for a roll call vote. Street aye, Buttke aye, Stengel aye, Mach aye and Tostenson aye. Motion carried 5-0. Chairman Tostenson declared the meeting open to the public at 2:27 PM. No action was taken because of the executive session.

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 February 2 and 16 and March 2 and 16, 2021 at 8 AM. Motion by Mach and seconded by Buttke to adjourn the meeting. Chairman Tostenson called for a roll call vote. Buttke aye, Street aye, Stengel aye, Mach aye and Tostenson aye. Motion carried 5-0. Meeting adjourned.

 /s/ William J. Tostenson, Chairman,

Grant County Commission

/s/ Karen M. Layher, 

Grant County Auditor