Grant County Commission Proceedings – June 20, 2023

     June 20, 2023

The Grant County Commission met at 8 AM with Commissioners Buttke, Mach, Stengel, and Street present. Commissioner Tostenson attended by Zoom. Chairman Mach called the meeting to order. Motion by Street and seconded by Buttke to approve the June 6 minutes. Motion carried 5-0. Minutes filed. Motion by Street and seconded by Stengel to approve the agenda. Motion carried 5-0.

Present from the public were Jason Liebe and Dick Skoog. Staff members present were Commissioner Assistant Layher, Drainage Officer Berkner and States Attorney Schwandt.

Public Comment: Chairman Mach called three times for public comment. There were no comments. Chairman Mach closed the public comment.

The Auditor’s Account with the Treasurer for May 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 May, 2023.

Cash on Hand, $1,755.96 

Checks in Treasurer’s possession less than three days, $40,315.61 

Cash Items, $0.00 

TOTAL CASH ASSETS ON HAND

$42,071.57 

RECONCILED CHECKING First Bank & Trust, $65,281.35; Interest, $0.00; Credit Card Transactions, $2,117.90; First Bank & Trust (Svgs), $10,552,728.98. 

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

TOTAL CASH ASSETS

$10,662,199.80  

GENERAL LEDGER CASH

BALANCES:

General, $5,118,507.76; General restricted cash, $2,050,000.00; Cash Accounts for Offices General Fund, $656.00; Sp. Revenue, $1,391,234.28; Sp. Revenue restricted cash, $0.00; Henze Road District, $1,007.38; TIF Milbank, $0.00; TIF Rosewood Mil-3, $0.00; TIF Water Dist., $0.00; Special Assessment Land Rent, $0.00;  Trust & Agency, $2,100,794.38; (schools 999,899.44, twps 89,068.00, city/town 134,095.71), ACH Correction, $0.00.

TOTAL GENERAL LEDGER CASH

$10,662,199.80 

Dated this day 8 of June, 2023

Kathy Folk

County Auditor

The Register of Deeds fees for the month of May were $6,836.03. The Clerk of Courts fees for the month of May were $6,397.57. The Sheriff fees for the month of May were $4,739.51 with $2,739.51 received into the General Fund. The following statistics for the month of April for the Sheriff’s office were presented by report. Average daily inmate population 3.40; Number of bookings 20; Work release money collected $1,000.00; 24/7 Preliminary Breath Test (PBT) fees collected $320.00; SCRAM (alcohol detecting bracelet) fees collected $268.00; 24/7 PBT participants 2; SCRAM (Sobriety Program) participants 2; Calls for Service (does not include walk-in traffic) 410; Accidents investigated 2; Civil papers served 72; Cumulative miles traveled 13,261; 911 calls responded to (including Milbank) 150.

Drainage: Chairman Mach adjourned the Board of Commissioners and convened the Commission acting as the Drainage Board.

Permit DR2023-23 and DR2023-24 for Jason Liebe for properties owned by Yvonne Pauli Living Trust and located within the E1/2NE1/4 of 30-121-48 and within the NW1/4 of 29-121-48 (Melrose Township).

Chairman Mach asked for a motion to approve Drainage Permits DR2023-23 and DR2023-24 for Jason Liebe. Motion was made by Stengel with a second by Buttke.

  Drainage Officer Berkner began his report for the two permits stating they were for approximately 80 acres of adjoining land located within Melrose Township in the NW1/4 of Section 29 and NE1/4 of Section 30. The proposed drainage projects are located entirely within the Whetstone River Watershed, locally known as the Middle Fork of the Whetstone River. It would have 4 outlets, 1-5” and 3-6” which all drain to the east connecting to previously permitted drainage permit DR2014-10.

According to Berkner the combined 4 outlets, if the tiles were installed at a .1% grade, could drain as much at 325 gallons per minute, or .72 cubic feet a second (cf/s). Water would drain through the previously permitted 18” outlet. The maximum volume of .72 cf/s would have a negligible impact on the peak combined Whetstone River flows that recently hit a modern record of 20,000 cf/s.

Berkner stated that recorded vested surface waterways flow through the two quarter sections in the permit while neither section of the permit applications have recorded specific vested waterways.

In conclusion, Berkner stated it was his opinion DR2023-23 and DR2023-24, were supported by questions asked in Section 101, 313 and 317 of the county’s drainage ordinance.

Chairman Mach asked Liebe if he had anything to add to the report. Liebe said he would be available to answer questions if they had any for him.

Chairman Mach opened the public hearing portion for DR2023-23, and DR2023-24 and asked three times for comments in favor or against, with no one responding. Chairman Mach closed the public hearing and called for Board discussion.

Liebe was asked to give additional details of the two permits connected to an already permitted drainage project. He said the two new tile projects were always part of his plan to ultimately connect to and be a part of DR2014-10.

Commissioner Stengel stated he looked at the drainage project firsthand and the water being collected is all within the natural surface waterways and minimal tile was being used and only in troubled areas.

Berkner was asked if his office had been contacted by anyone for or against the drainage permits. Berkner stated no one had contacted him from all the two-mile downstream landowners who had received notices about the public hearing.

Berkner was asked about how the 80 acres was determined to be the size of the project. Berkner stated he uses a measuring application on the county's GIS site where he can measure acres within a defined boundary. He tries to measure all the surface area within about 100 feet either side of the indicated tile map area that accompanies any drainage permit application.

With no more discussion, Chairman Mach called for a motion to amend to approve the two permits separately before the Drainage Board. Motion by Stengel and seconded by Buttke to amend their original motion. Chairman Mach called for the vote which passed 5-0. Chairman Mach called for a vote to approve DR2023-23 for Jason Liebe. Motion carried 5-0. Chairman Mach called for a vote to approve DR2023-24 for Jason Liebe. Motion carried 5-0.

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

Highway: Supt Peterson presented the utility certificates for approval for bridge projects BRF-B6311(11) PCN 084V & BRO-B 8026(35) PCN 084V. Motion by Street and seconded by Buttke to approve Chairman Mach to sign the utilities certificates for Projects BRF-B6311(11) PCN 084V and BRO-B 8026(35) PCN 084V. Motion carried 5-0.

ROW Application: Supt Peterson presented right-of-way application ROW 2023-03 from Jason Liebe to dig through the road for DR2023-23 & DR2023-24 crossing under 474th Ave south of 146th St between section 30 & 29 in Melrose Township. Motion by Stengel and seconded by Buttke to approve right-of-way application ROW 2023-03 as presented. Motion carried 5-0. The second-ROW application ROW 2023-04 presented by Supt Peterson is from Ottertail. The application is to grant permission to bore under the road at the intersection of CR 4 & 39 and intersection of 480th and 149th Street. Motion by Stengel and seconded by Street to approve right-of-way application ROW 2023-04 as presented. Motion carried 5-0.

Striping Agreement: Supt. Peterson presented the striping agreement with SDDOT for the painting of the center line at a 60/40% cost share of eligible costs for striping 27.5 miles of roads. The county’s 40% share is $718.95. Motion by Street and seconded by Buttke to authorize Chairman Mach to sign the 2023 County Striping Agreement for the striping of 27.5 miles. Motion carried 5-0.

Weight Limit Signs: Supt Peterson showed the Commissioners the different wording options available for the weight limit signs that fold up. The cost of stickers for each sign is $30. The County has 84 intersections that have weight limit signs. To replace all of those would be $2,550. Or for 50 signs that would just be put at the major intersections would be $1,500. Discussion was held. It will be put on the next meeting’s agenda to determine the wording for the replacement stickers.

HWY Fee Schedule: Supt Peterson advised the Commission that several items on the highway fee schedule are listed below the County’s cost. He recommends used bridge planks be increased to $3.00/ft, orange flags to $2.50 each, and telspar posts and base be listed at current price on the fee schedule. Motion by Buttke to amend the HWY fee schedule as presented with the changes effective immediately. It was seconded by Street. Motion carried 5-0.

Boot/Clothing Allowance: Supt Peterson asked for clarification on the start date of the new $300 boot/clothing allowance per year for the HWY employees. Tostenson motioned to approve making the new $300 boot/clothing allowance per year start date retroactive to 01-01-2023. Motion was seconded by Buttke. Motion carried 5-0.

Spillway: Commissioner Assistant Layher and EM Director Schuelke presented aerial pictures of the spillway area on Dick Skoog’s land with a beaver dam upstream of the spillway and the stagnant water downstream of the spillway. Skoog wants the culvert height to be checked for the correct height to help the water flow and/or build up the spillway. Discussion was held. Chairman Mach suggested removing the beavers and the beaver dam first and then see what happens with the water. It is the landowner’s responsibility to remove beaver dams on private property. Layher advised the County has an estimate from Banner for $15,000 for a hydraulic study on the spillway. This estimate does not include permitting, surface water elevations or an environmental review. All of that must be done before any modification is made to the spillway. This work needs to be budgeted for.

EM: Director Kevin Schuelke stated that the County had applied for a Homeland Security Grant for a hovercraft with the intention of Big Stone Fire and Water Rescue using and storing it. The County was awarded a $30,000 grant for the purchase of it two years ago during Covid. The hovercraft was ordered but with Covid and many delays the company discontinued building it for a time. They are now back in production so we could have it within a year. Discussion was held on who would own it, store it, and what other agencies would be willing to add more money towards the purchase of it. Stengel suggested getting a letter of intent from Homeland Security stating they will reserve the $30,000 grant for the County. It was also stated to get a new quote on the hovercraft since several years have passed on the original quote.

Bid Opening: One bid was received for the 4-H Tack Shed for $301.09 from Daren Peterson. Chairman Mach called for a motion to accept the bid. Motion by Stengel and seconded by Buttke to accept the bid for the 4-H Tack Shed. Motion carried 5-0.

Liquor License Hearing: The 9:30 AM public hearing for the issuance of a retail on-sale liquor license for applicant Spirit of the Cats Foundation, was held with no members of the public present to comment. This is a new license application for the period ending December 31, 2023. The legal description for the license is S1240’ of the N1475’ of the W460’ of the W1/2SE1/4 in Section 12, Township 118, Range 48, Adams Twp. The address is 16370 482 Ave, Revillo. Commissioner Assistant Layher stated this address is outside the city limits of Revillo. This will be a permanent license, not just one-time use. Motion by Street and seconded by Buttke to approve the application for the retail on-sale liquor license for the remainder of 2023 and to forward the application to the Dept. of Revenue Special Licensing Division in Pierre for issuance of the license. Motion carried 5-0.

ROD: Becky Wellnitz reviewed the revised Administrative Fee & Search Policy for the Register of Deeds office with the Commissioners. The policy defines the different searches they do and the fees they will charge, if any. Chairman Mach called for a motion to approve the revised ROD Administrative Fee & Search Policy. Street motioned to approve and Buttke seconded. Motion carried 5-0.

Travel: None

County Assistance: Motion by Buttke and seconded by Stengel to deny case PR2023-02. Motion carried 5-0.

Ambulance District: Commissioner Assistant Layher advised that no petitions were turned in for the Ambulance District. She will review the process again with States Attorney Schwandt to determine if we can open the petition process again.

July 3rd Admin Day: Commissioner Assistant Layher reported Governor Noem has designated Monday, July 3 for the States offices to be closed. Tostenson motioned to close the county offices on Monday, July 3. The motion was seconded by Street. Discussion was held by the Commission. Chairman Mach called for a vote. Motion carried 5-0 to close the county offices July 3.

Executive Session: None 

Unfinished Business: None

New Business: Chairman Tostenson stated Community Transit would like the County to continue deeding the land to Community Transit where the Bus Barn will be expanding. They would like to use the land as their cost share to put towards the funding of their building expansion. Commissioner Assistant Layher advised we will need to know the amount of land Community Transit will need for their expansion and have Banner Engineering do a site survey.

Commissioner Buttke reported raccoons were found trapped in a wall in the 4-H livestock building. GF&P was called to trap and remove them. The Commission suggested getting an estimate to put tin or a screen above the bleacher area where they are getting in.

Chairman Tostenson asked if the County has wireless internet in all the offices. Commissioner Assistant Layher advised that the courthouse, library, detention center and 4-H grounds do. Tostenson asked if we could install wireless at the County HWY shop. Commissioner Assistant Layher said she would check on the cost and report back to them.

Correspondence: None

Claims: Motion by Street and seconded by Buttke to approve the claims. Motion carried 5-0. A-OX WELDING, supplies 16.75; BANNER, hwy project 3,321.93; BERENS MARKET, supplies & inmate groceries 364.19; BORNS GROUP, mailing expense 1,380.03; BOYER FORD TRUCKS, repairs & maint 508.11; BUTLER, supplies 55.17; CENTER POINT, books 517.02; CHS, diesel 10,818.62; CITY OF MILBANK water & sewer 283.80; CITY OF WATERTOWN, 911 surcharge 6,330.23; CITY OF WATERTOWN, summer reading prog 341.40; CLIMATE AIR, repairs & maint 816.75; COLEPAPERS, supplies 344.44; CONSOLIDATED READY MIX, gravel 30,142.44; CRAIG DEBOER, car wash usage 157.18; D-WARE, prof services 612.50; DENISON'S PUBLISHING, publishing 105.00; DENNIS WARNER, summer reading prog 325.00; FIRST BANK & TRUST/VISA, gas, furniture, supplies 4,466.63; FISHER SAND & GRAVEL, gravel & riprap 11,506.92; FLAT RATE, gravel 12,593.77; GRANT CO SOIL CONSERVATION, prof services 505.50; GRANT COUNTY LIBRARY, summer reading prog 243.35; GRANT COUNTY REVIEW, publishing & supplies 1,750.94; GRANT-ROBERTS RURAL WATER, water usage 56.10; GUARDIAN FLEET SAFETY, auto equipment 11,293.16; INGRAM, books 1,018.30; INSIGHT, supplies & equip 425.00; INTER-LAKES COMMUNITY ACTION, service worker 2,628.00; ITC, phone & internet 2,225.78; ISTATE TRUCK CENTER, supplies 43.28; JASON LIEBE, prof services 1,200.00; JASON SACKREITER, garbage service 230.00; LEWIS, supplies 729.20; MICROFILM IMAGING SYSTEMS, scanner rent 642.00; MILBANK AUTO PARTS, supplies 1,672.08; MUNDWILER FUNERAL HOME, prof services 3,500.00; NORTHWESTERN ENERGY, natural gas 407.75; NOVAK SANITARY SERVICE, shredding service 33.39; OTTER TAIL POWER, electricity 3,733.76; QUICK PRO LUBE, repairs & maint 1,516.86; R.D. OFFUTT, repairs & maint 3,766.62; RC TECHNOLOGIES, 911 transport & tower rent 95.96; RELX, online charges 725.00; RIVER STREET PETROLEUM, diesel 14,236.71; RUNNINGS, supplies & minor equip 1,216.11; SANITATION PRODUCTS, repairs & maint 7,092.82; SCANTRON, prof services 225.89; SD ASSN CO COMMISSIONERS, clerp 706.00; SD DEPT TRANSPORTATION, hwy project 1,578.16; THE SHOP, supplies 96.66; STAR LAUNDRY, prof services 75.19; STERN OIL, supplies 6,314.95; TERENCE O'KEEFE, periodicals 35.00; TITAN MACHINERY, repairs & maint 385.50; TRANSOURCE TRUCK & EQUIP, supplies 302.78; TRAPP PLUMBING, repairs & maint 220.99; TROY HOYLES, prof services 300.00; TWIN VALLEY TIRE, repair & tires 1,995.25; UNZEN MOTORS, repairs & maint 79.72; VALLEY OFFICE PRODUCTS, supplies 1,577.94; VALLEY SHOPPER, publishing 201.98; VERIZON, hotspot 38.52; WATERTOWN MOTOR, minor equip 2,262.57; WEST CENTRAL COMMUNICATION, repairs & maint 417.00; WHETSTONE HOME CENTER, supplies 195.49; WHETSTONE VALLEY ELECTRIC, electricity 889.67; XEROX, copier rent 884.06. TOTAL: $164,778.87.

MAY MONTHLY FEES: SDACO, ROD modernization fee 214.00; SD DEPT OF REVENUE, monthly fees 214,080.18. TOTAL: $214,294.18.

Payroll for the following departments and offices for the June 14, 2023, payroll are as follows: COMMISSIONERS 7,215.10; AUDITOR 7,342.35; ELECTION 203.29; TREASURER 5,730.14; STATES ATTORNEY 7,298.20; CUSTODIANS 3,224.75; DIR. OF EQUALIZATION 4,417.20; REG. OF DEEDS 4,864.41; VET. SERV. OFFICER 1,277.10; SHERIFF 14,822.62; COMMUNICATION CTR 7,760.63; PUBLIC HEALTH NURSE 1,190.96; ICAP 56.00; VISITING NEIGHBOR 1,964.43; LIBRARY 8,282.39; 4-H 4,141.56; WEED CONTROL 2,205.60; P&Z 1,131.55; DRAINAGE 747.25; ROAD & BRIDGE 33,553.23; EMERGENCY MANAGEMENT 2,576.00. TOTAL: $120,004.76.

Payroll Claims: FIRST BANK & TRUST, Fed WH 8,915.93; FIRST BANK & TRUST, FICA WH & Match 14,438.02; FIRST BANK & TRUST, Medicare WH & Match 3,376.70; ACCOUNTS MANAGEMENT, deduction 90.55; AMERICAN FAMILY LIFE, AFLAC ins. 1,489.40; ARGUS DENTAL, ins 530.96; WELLMARK-BLUE CROSS OF SD, Employee health ins. 1,953.95; OFFICE OF CHILD SUPPORT ENFORCEMENT, child support 210.00; SD SUPPLEMENTAL, deduction 1,428.83; SDRS, retire 13,169.84. TOTAL: $45,604.18.

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

1. Approve auto supplement for POD reimbursement for radios, generator and supplies for $5,690.76 to fund #226

2. Approve auto supplement for Homeland Security grant for radios in the amount of $24,225.00 to fund #226

3. Approve cash transfer of $12,000.00 from general fund to fund 207 (911) for dispatching services

4. Approve cash transfer from General Fund to Domestic Abuse Fund for $1,315.00

5. Approve Candy Mohnsen moving to full-time effective 5-26-2023 at $21.20 per hour

6. Approve Mary Hagen step increase to 1 year effective 7-5-23 at $20.55 per hour

7. Declare surplus 1990 Dodge Pickup, serial number 688180, to be sold at Farrell Auction

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 July 5 and 6 (Budget Hearings) and July 18, 2023 at 8 AM in the basement meeting room. The Budget Hearings will be held on the second floor in the Commission room. Motion by Buttke and seconded by Stengel to adjourn the meeting. Motion carried 5-0. Meeting adjourned.

 /s/ Michael J.  Mach,

Chairman,

Grant County Commission

/s/ Kathy Folk, 

Grant County Auditor              

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