Grant County Commission Proceedings Tuesday, December 2, 2025

Published by admin on Fri, 12/19/2025 - 1:29pm

December 2, 2025

The Grant County Commission met at 8 a.m. with Commissioners Mach, Street, Tostenson, Hoff and Stengel present. Chairman Tostenson called the meeting to order. Motion by Mach and seconded by Stengel to approve the November 18 and 21, 2025, minutes. Motion carried 5-0. Minutes filed. Auditor Folk requested adding three claims to the list to be approved. Motion by Stengel and seconded by Street to approve the agenda with the change stated. Motion carried 5-0.

Present from the public was Dave Van Veen. Staff members present were Commissioner Assistant Layher, Hwy Supt Peterson, Drainage Officer Berkner, States Attorney Schwandt, Library Director Wollschlager, EM Director Schuelke, Jail Administrator Burns and Sheriff Owen.

Public Comment: Chairman Tostenson called for public comment. Dave Van Veen brought up his concerns that water isn’t flowing out of Lake Albert. He would like a spillway put in there. Van Veen also stated a nearby completed tile project is also contributing to the Lake Albert problem. The Commission advised Van Veen to take his concerns to Game, Fish and Parks since they own the lake and asked Hwy Supt Peterson to check the history of Lake Albert’s issues and report back to the Commission.

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

Permit DR2025-53 for David Lau for land located within the SW1/4, Section 7, Range 51, IN FORMER SISSETON WAHPETON INDIAN RESERVATION in Lura Township.

Chairman Tostenson called for a motion to approve permit DR2025-53 for David Lau. Motion by Mach and seconded by Stengel to approve permit DR2025-53.

Drainage Officer Berkner stated the permit is for a 45 acre drainage tile project in the Big Sioux River Watershed. The project will have one 12” out letting drain with an estimated design flow rate of 200 gpm if installed at a .1% grade. The lateral tile will follow parallel and closely to an existing drainage ditch helping to drain surface water that accumulates in the waterway after heavy run-off events. It is Berkner’s opinion that the project conforms to the county’s drainage ordinance.

Lau was not present but was available by phone if needed. Chairman Tostenson opened the public hearing asking three separate times for both comments in favor and against the drainage project. No one responded. Tostenson then closed the public hearing inviting board discussion.

Berkner said Lau’s biggest concern is when cover crops are not present, large volumes of water can flow through that waterway causing flooding onto his adjacent cropland. Lau’s tile project design is intended to help reduce the time duration of that flooding. The main tile follows a blue-line waterway. Berkner said the main tile is most likely a solid pipe and only the lateral tile running into the main would be perforated.

A lengthy board discussion followed. It was discussed whether any drainage project’s excavation design or tile mains should be permitted to follow directly under an existing blue-line or vested waterway. State’s Attorney Schwandt said it is the permit applicant’s responsibility not to change the characteristics of any blue-line or vested waterway and both upstream and downstream landowner’s natural drainage volumes and rights cannot be altered without a permitted design. Berkner reminded the Drainage Board that the current drainage permit application form has the permittee acknowledge by their signature their responsibilities that their drainage design does not violate laws or agreements with either governmental agencies or private entities, as well as not causing undue harm to neighboring landowners. Schwandt concurred with that comment. Chairman Tostenson called for the vote. Motion carried 5-0.

Berkner gave a report on an upcoming drainage permit for the next Drainage Board meeting. The applicant had self-reported that their final drainage tile project, just completed a few days prior, was larger than the one originally permitted. They will be seeking an amendment to their original drainage permit that was passed in May of 2024.

Chairman Tostenson adjourned the Drainage Board and reconvened the Board of Commissioners.

Budget Supplement: The budget supplement hearing for the 4-H Complex, 911, RAIF and Capital Jail Project budgets was held with no members of the public present. The purpose of the budget supplement of $23,000 to the 4-H Complex is to adopt budget authority for the change to Department #523 4-H Complex for unanticipated repairs. The source of cash being from the General Fund 101 in the amount of $23,000. The purpose of the budget supplement of $60,200 to the 911 Service Fund is to adopt budget authority for the change to budget # 207 for 911 Service Fund expenses with the source of cash being from the General Fund 101 to Fund #207 in the amount of $38,000. The purpose of the budget supplement of $471,000 in budget #295 Rural Access Infrastructure Fund (RAIF) budget for the purpose of paying the RAIF Fund expenses associated with the 2025 budget with the source of cash being from the RAIF Fund #295. The purpose of the budget supplement of $1,350,000 in budget #302 Capital Jail Project Fund budget for the purpose of paying the Capital Jail Project expenses associated with the 2025 budget with the source of cash being from the Jail Capital Project Fund #302.

Motion by Street and seconded by Mach to approve the budget supplements with the source of cash being the General Fund 101 in the total amount of $61,000, the source of cash being the RAIF Fund 295 in the amount of $471,000 and the source of cash being the Capital Jail Project Fund 302 in the amount of $1,350,000. Chairman Tostenson called for the vote. Motion carried 5-0.

HWY: Approve BIG: Motion by Mach and seconded by Stengel to approve the Resolution 2025-12, ROW and Utility Certificate for bridge 26-310-149 (BIG Grant) as presented. Motion carried 5-0. Motion by Stengel and seconded by Street to approve Resolution 2025-13, ROW and Utility Certificate for bridge 26-277-230 (BIG Grant) as presented. Motion carried 5-0.

Sheriff: Sheriff Owen introduced the new Jail Administrator, Mike Burns, to the Commissioners. They are requesting to increase Dispatcher, Alan Chrzanowski, hours to full-time in preparation for the new jail. Motion by Stengel and seconded by Hoff to approve moving Dispatcher Chrzanowski to full-time hours. Motion carried 5-0.

Library: Director Wollschlager informed the Commissioners of the status of closing of the Revillo and Strandburg branch libraries. Strandburg will remain open on their own. Both branches have requested to keep some equipment and furniture that will stay with the town. Wollschlager will present a list of these items at a future meeting to be declared surplus by the County and will be donated to the towns.

EM: Director Schuelke provided his department update including the 511 system for road closures, HazMat Plan, Code Red and I am Responding upgrades for 9 departments.

Travel: None

County Assistance: None

Employee Lunch: Commissioner Assistant Layher informed the Commission the employee Christmas lunch is scheduled for Tuesday, December 16th at noon.

Unfinished Business: The Commissioners were reminded of the Lake Region District meeting on December 11th in Sisseton.

New Business: None

Correspondence: None

Claims: Motion by Stengel and seconded by Mach to approve the claims. Motion carried 5-0. AUTOMATIC SECURITY CO, prof services 600.00; AVERA MEDICAL GROUP MILBANK, health services 186.00; BANNER ASSOCIATES, prof services 17,318.70; BITUMINOUS PAVING, asphalt overlay/patching 981,821.05; BRENT PETERSON, prof services 916.55; BUTLER, parts 692.95; CENTER POINT, books 586.08; CITY OF MILBANK, prof services 165.00; CODY KELLY, prof services 550.00; CRAIG DEBOER, car wash usage 44.63; DELORIS RUFER, lib rent 100.00; CLEAR CHOICE CLEANING, prof services 2,300.00; EMERGENCY SERVICE MARKETING, contracted proj 3,220.00; FIRST BANK & TRUST/VISA, computers, audio books, gas 7,082.20; G A JOHNSON CONSTRUCTION, prof services 571,361.11; GALLS, supplies 19.87; GRAJCZYK LAW OFFICE, court appt atty 3,600.00; HMN ARCHITECTS, prof services 7,905.42; INNOVATIVE BENEFIT CONSULTANT, insurance 9,736.14; JOHN DEERE FINANCIAL, parts 72.15; LARRY’S REFRIGERATION, repair & maint 1,639.93; LOCATORS AND SUPPLIES, supplies 432.35; MCLEOD’S PRINTING, supplies 391.86; MIDCO, lib internet 131.04; MILBANK COMMUNITY TRANSIT, allocation 5,000.00; NORTHWESTERN ENERGY, natural gas 461.02; OVERDRIVE, prof services 2,315.62; QUICK PRO LUBE, repair & maint 976.45; SECUR SERV, prof services 8,759.93; THE SHOP, repair & maint 9,108.55; STATE BAR OF SOUTH DAKOTA, dues 1,080.00; TEAM LABORATORY CHEMICAL, patching 900.00; TUNY’S, rentals 3,250.00; TWIN VALLEY TIRE, repair & maint 296.20; VALLEY RENTAL & RECYCLING, allocation 650.00; XEROX, copier rent 126.23; YALE MECHANICAL, repair & maint 3,512.37. TOTAL: $1,647,309.40.

Payroll for the following departments and offices for the November 26, 2025, payroll is as follows: COMMISSIONERS 8,107.60; AUDITOR 12,101.67; ELECTION 550.80; TREASURER 5,054.63; STATES ATTORNEY 8,016.90; CUSTODIANS 4,175.60; DIR. OF EQUALIZATION 4,687.86; REG. OF DEEDS 5,080.26; VET. SERV. OFFICER 1,402.50; SHERIFF 22,157.61; COMMUNICATION CTR 8,693.80; VISITING NEIGHBOR 1,906.50; LIBRARY 9,526.85; 4-H 4,478.53; WEED CONTROL 2,134.10; P&Z 1,304.80; DRAINAGE 792.20; ROAD & BRIDGE 32,043.40; EMERGENCY MANAGEMENT 2,773.80. TOTAL: $134,989.41.

Payroll Claims: FIRST BANK & TRUST, Fed WH 7,391.93; FIRST BANK & TRUST, FICA WH & Match 16,281.60; FIRST BANK & TRUST, Medicare WH & Match 3,807.80; ACCOUNTS MANAGEMENT, deduction 114.47; AMERICAN FAMILY LIFE, AFLAC ins. 1,707.07; RELIANCE STANDARD LIFE DENTAL, ins. 473.66; RELIANCE STANDARD LIFE VISION, ins. 354.41; WELLMARK-BLUE CROSS OF SD, Employee and Commission health ins. 51,766.59; RELIANCE STANDARD BASE, life ins. 369.84; RELIANCE STANDARD SUPPLEMENTAL, life ins. 153.76; MASA, air ambulance 370.00; LEGAL SHIELD, deduction 38.85; OFFICE OF CHILD SUPPORT ENFORCEMENT, child support 2,708.00; SDRS SUPPLEMENTAL, deduction 2,260.83; SDRS, retire 15,717.80. TOTAL: $103,516.61.

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

1. Approve two-year contract with Automatic Security Company for the annual inspection of the fire alarm at the 4-H Complex for $600 per year.

2. Approve one-year subscription for I am Responding effective 11-1-25 for $3,220.00.

3. Approve the request for State aid for salaries of the County VSO as per SDCL 33A-1-32.

4. Approve Public Defender contract with Attorney Greg Grajczyk for 2026 at $3,700.00 per month.

5. Approve the 2026 MOU with SDSU for the 4-H program.

Executive Session: Motion by Mach and seconded by Stengel to enter executive session at 10:25 AM for the purpose of a personnel issue(s) pursuant to SDCL 1-25-2(1). Motion carried 5-0. Commissioner Assistant Layher and Auditor Folk were present. Chairman Tostenson declared the meeting open to the public at 10:51 a.m. A special Commission meeting will be held on Thursday, December 4 at 8:00 a.m.

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 December 4 (Special), 16, and 31, 2025 and January 6 and 20, 2026 will be held at the Grant County Commission room in the courthouse basement at 8 a.m. Motion by Stengel and seconded by Street to adjourn the meeting. Motion carried 5-0. Meeting adjourned.

/s/ William Tostenson,

Chairman,

Grant County Commissioners

/s/ Kathy Folk,

Grant County Auditor

December 4, 2025

The Grant County Commission met in special session at 8 a.m. with Commissioners Hoff, Stengel, Street, Mach, and Tostenson present. Chairman Tostenson called the meeting to order. Motion by Mach and seconded by Stengel to approve the agenda. Motion carried 5-0. The purpose of the special meeting was for an executive session for a personnel issue(s) per SDCL 1-25-2(1).

Executive Session: Motion by Mach and seconded by Stengel to enter executive session at 8:01 a.m. for personnel issue(s) per SDCL 1-25-2(1). Motion carried 5-0.

Also present for the executive session were Commissioner Assistant Layher, States Attorney Schwandt, Auditor Folk, and Natalie Remund. The purpose of the executive session is to interview candidates for the County Administrator/Commission Assistant position. Chairman Tostenson declared the meeting open to the public at 1:09 p.m. Motion by Stengel and seconded by Hoff to hire Kevin Owen as the new County Administrator/Commission Assistant effective January 1, 2026, at an annual salary of $85,000 and have current Commissioner Assistant Layher as Deputy Commissioner Assistant until her retirement on March 30, 2026.

Executive Session: Motion by Mach and seconded by Street to enter executive session again at 1:11 p.m. for the purpose of personnel issue(s) pursuant to SDCL 1-25-2(1). Motion carried 5-0. States Attorney Schwandt and Auditor Folk were also present. Chairman Tostenson declared the meeting open to the public at 1:19 p.m. No action was taken because of the executive session.