August 31 Joint Meeting
Minutes
August
31 General Meeting Minutes
Severson
Rezoning Approved
Solid
Waste Assessment Fee
Notice to Vacate Plat
Provisional 2011
Budget
August 24 Joint
Meeting Minutes
August
24 Meeting Minutes
Courthouse Lift Station
Bid Notice
NESD Celtic Faire and Games Malt Beverage License Hearing
Provisional 2011
Budget
August
17 Meeting Minutes
2009 Audit Report
WEB Water
Rezoning Approved
August 3 General Meeting
August 3 Joint
Meeting Minutes
LeFor/Severson Rezoning
Request
Valiant
Vineyard Hearing Notice
Chapter 4.19
- Floodplain District (FP)
July 27
Meeting Minutes
JULY 27, 2010 -
JOINT CITY/COUNTY MEETING
July 20,
2010 Meeting Minutes
ORDINANCE NO. 064 - Fairground Traffic
Alcoholic Beverages Hearing Notice
July 13
Meeting Minutes
Groton Chamber Malt Beverage License Hearing
WEB Water Rezoning Hearing
Notice
July 6
Meeting Minutes
Alternative Energy Systems
Ordinance
Notice to
Electrical Contractors
Floodplain
Ordinance
June 29
Meeting Minutes
June 28 Joint City/County Minutes
June 21 Joint City/County Meeting Minutes
June 22
Meeting Minutes
AUGUST 31, 2010 - JOINT CITY/COUNTY MEETING
The Brown County Commission and the Aberdeen City Council met in joint session at 8:45 A.M. in the County Commission Chambers, 25 Market Street, Aberdeen, South Dakota. Present from City were Council Members Agnitsch, Bunsness, Rux, Swanson and Mayor Levsen. Council Members Campbell, Kraft, Mitchell and Slaight-Hansen were absent. Present from County were Commissioners Hansen, Elliott, Sutton, Wiese and Fischbach.
ORDINANCE NO. 10-08-02/388:
On motion by Bunsness and seconded by Rux, the City unanimously voted to approve Second Reading and Adoption of Ordinance No. 10-08-02/388.
Moved by Wiese, seconded by Sutton to approve Second Reading and Adoption of Ordinance No. 10-08-02/388, An Ordinance amending Ordinance No. 1164 to rezone the following described property from its present zoning designation of Section 701 (A-1) Agricultural District to Section 714 (M-AG) Mini-Agricultural District: Johnson’s Outlots 1, 2 and 3 in the NE ¼ of Sec 34-T123N-R64W of the 5th P.M., Brown County, SD. Roll call vote: Commissioners Hansen-aye, Elliott-aye, Sutton-aye, Wiese-aye, Fischbach-aye. Ordinance adopted.
ADJOURNMENT:
The City Council adjourned and the County Commission continued in regular session.
Maxine Fischer - Brown County Auditor
Published once at the total approximate cost of $12.20
AUGUST 31, 2010 - GENERAL MEETING
Meeting called to order by Chairman Fischbach at 8:45 A.M. in the Commissioner’s Chambers, Courthouse Annex, Brown County, SD. Present were Commissioners Hansen, Elliott, Sutton and Wiese.
MINUTES:
Moved by Elliott, seconded by Sutton to approve the Joint City/County Meeting minutes and the General Meeting minutes of August 24, 2010. All members present voting aye. Motion carried.
CLAIMS:
Moved by Hansen, seconded by Sutton to approve the following claims:
Payroll: Commissioners $3,149.05; Auditor $7,340.12; Treasurer $10,906.24; Data Processing $3,389.42; State’s Attorney $13,754.12; Stop Loss Grant-SA 1,163.46; Maintenance $5,993.38; Assessor $11,061.43; Register of Deeds $6,658.33; Veterans Service Office $3,225.25; GIS $1,945.93; Sheriff $28,258.36; Jail $28,609.74; JDC 13,189.57; HD $4,228.84; 24/7 $1,789.48; Communications $19,245.46; Welfare $3,196.20; Museum $6,285.96; Fair board $5,299.70; Fair Security $14,201.57; Fairgrounds & Parks $9,483.12; Extension $3,838.58; Weed $5,462.81; Planning & Zoning $1,741.52; Teen Court $544.58; E&D $2,945.62; Coroner $840.00; Highway $39,243.37; Landfill $11,992.59; Matching Benefits FICA $15,814.17; Medicare $3,698.49; Life $568.02; Dental $5,118.20; Health $75,499.74; Retirement $29,645.28:
Supplies: NAPA $286.00, Gear Networking $10,146.79, GovConnection $30.27, Central Supply $77.00, Heartland Paper $706.05, New Trends $4.56, Office Equip $270.91, Active Data $16,822.66, Lar-Jos $123.00, Exec Mgmt $1724.92, Sanford Health $35.00, Velvet Uniforms $178.98, Safety Service $761.39, Hoven Auto $59.75, Graham Tire $53.78, Best Business $133.32, Chris & Dons Tarp $22.00, Vetch Auto $5332.61, Hagan Ins $200.00, SDDOT $28,590.13, Share Corp $147.40, N Central Farmers Elev $1304.42, Louie’s Service $132.78, Lien Trans $138,353.83, Flint Hills $135,448.34, Economy Propane $546.00, Aberdeen Asphalt $17,578.43, Quality Quick Print $125.96, Dacotah Prairie Mercantile $107.89, Ameripride $51.64, Aries Graphics $1000.00, Eide Bailly $259.50, Priority Dispatch $405.00, LBG $2022.17, Hub City Rents $75.00, Sewer Duck $223.00, Dakota Mailing $2795.00, Titan $617.63, Dakota Supply Group $6293.81, GCR $33.00, Runnings $61.04, Ben Hofer $4712.42, Sewer Duck $164.00, B&B Contracting $4422.46, Climate Control $5995.50, Rotor Rooter $100.00, Menards $1271.61, McFarland Supply $34.25, Cunningham Elec $280.41, SDACC $1,440.00:
Transcriptions: Neal Reporting $123.60, Slowey Court Reporting $192.50:
Travel: Michael Wiese $17.02, Kalee Dennert $33.30:
Court Appointed Attorney: Christy Serr $5781.43, Kuck Law Office $5520.83, Gina Rogers $5520.83, Chris Dohrer $5770.83:
Professional Fees: Dental Center $118.00, U of ND Forensic Pathology $3000.00, Dept of Rev $52.00, Avera St Lukes $395.00, Donna Dietrich $255.88, Denise Cody $24.00, Cathy Rehfuss $24.00, Kristi Spitzer $618.00, Jesse Varilek $155.82:
Publication: American News $356.45:
Utilities: Midcontinent Comm $399.83, NW Energy $11,394.13, Qwest $85.88, Northern Elec $324.00, Montana Dakota $23.39, Alltel $44.71, Tel Serv $450.19, WEB $169.70:
Jury: Dennis Arend $669.24, Gladys Braun $11.48, Daniel Brown $11.48, Brian Christensen $823.68, Lynn Davis $12.22, Matthew Deilke $11.48, Scott Hagan $670.20, Duane Hegge $823.68,
Mark Herman $11.48, David Isakson $24.80, Britt Lorenz $11.48, Randy Meister $720.72, Carson Mitchell $720.72, Michelle Mitzel $12.96, Beverly North $11.48, Cory Peterson $823.68, Josephine Plentyhorse $51.48, Anissa Poor $23.32, Lloyd Schock $772.20, Dianna White $11.48, Dwight Zerr $1036.80:
Care of Poor: Rent Ð 3 recipients Ð Rockford Apts $122.00, Tom Goehring $260.00, Frank Snyder $300.00; Dr/Hospital - 9 recipients Ð Dental Center $97.78, Avera Cardiology Spec $887.32, Avera Endoscopy Surg Center $240.00, Anesthesiology Assoc $192.00, Avera St Lukes $832.43, Avera McKennan $2438.14, Avera Home Med Equip $2034.25; Utilities Ð 1 recipient Ð NW Energy $280.00,
Transportation - 1 recipient Ð Brown County $39.75; Insurance Ð 1 recipient Ð 3M Co $366.99. All members present voting aye. Motion carried.
PERSONNEL:
Moved by Hansen, seconded by Elliott to approve the following employee step increases, effective September 5, 2010: Samiuela Mounga @ $14.33 per hour, Sara Hagman @ $12.66 per hour, Kimberly Byram @ $13.19 per hour, Dustin Peiker # $16.44 per hour. All members present voting aye. Motion carried.
Moved by Wiese, seconded by Sutton to approve hiring Denise Ernst as Dispatcher, effective August 31, 2010 @ $13.10 per hour; and further acknowledge resignation of Cortney Hilgeman, who decided not to accept position. All members present voting aye. Motion carried.
E911 GRANT PROJECT AGREEMENT:
Moved by Hansen, seconded by Wiese to approve and authorize the Chairman to sign E911 Grant Project Agreement with the State Department of Public Safety 9-1-1 Coordination Board in amount of $31,810.00 for hardware and software, effective September 1, 2010 to December 31, 2010. All members present voting aye. Motion carried.
E911 SURCHARGE:
Commissioner Sutton offered the following Resolution:
RESOLUTION # 81-10
WHEREAS, Title 11 Ð Enhanced 911 Emergency Telephone Reporting System, Second Revision Brown County Ordinances, authorizes Brown County to impose a uniform monthly Enhanced 911 emergency surcharge, and
WHEREAS, Title 11, Chapter 11.0103 requires the Brown County Commission to review the current charge and establish, by resolution, a rate of charge to be effective on the next January first, not to exceed the amount authorized.
BE IT RESOLVED that the Brown County Commission establishes a rate of $.75 for each local exchange access line, including cellular and enhanced SRM telephone, effective January 1, 2011.
Seconded by Commissioner Wiese. Roll call vote: Commissioners Hansen-aye, Elliott-aye, Sutton-aye, Wiese-aye, Fischbach-aye. Resolution adopted.
SOLID WASTE SPECIAL ASSESSMENT FEES - 2011
Commissioner Elliott offered the following Resolution:
RESOLUTION NO. 82-10
WHEREAS, Title 3, Solid Waste Management System, Chapter 3.07011 of the Second Revision Brown County Ordinances, effective March 12, 1997, as amended, requires the Board of County Commissioners to establish the Solid Waste Special Assessment fee schedule for the following year, prior to the second Tuesday in September.
NOW, THEREFORE BE IT RESOLVED, that the following Solid Waste Special Assessment fees shall be effective January 1, 2011 through December 31, 2011, for the Brown County Sanitary Landfill:
SOLID WASTE SPECIAL ASSESSMENT FEE SCHEDULE
(Billed with the Real Estate Tax Notice)
1. Households within Incorporated Cities or Civil Townships that require curb service @ $19.00 per year
2. Households within Incorporated Cities or Civil Townships that do not require curb service @ $75.00 per year
3. Condominiums taxed as single units within Incorporated Cities or Civil Townships that require curb service @ $19.00 per year
4. Condominiums taxed as single units within Incorporated Cities or Civil Townships that do not require curb service @ $75.00 per year
5. Apartment Units and Assisted Living Units within incorporated Cities that require curb service @ $11.00 per unit per year
6. Seasonal Lake Cabins @ $32.00 per year
7. Mobile Home parks, outside incorporated municipalities, which provide or require lot side waste pickup during the entire assessment period, for deposit into a permitted landfill solid waste facility @ $19.00 per unit per year
8. Mobile Home parks, outside incorporated municipalities, which do not provide or require lot side waste pickup during the entire assessment period, for deposit into a permitted landfill solid waste facility @ $75.00 per unit per year
Dated this 31st of August 2010.
Seconded by Commissioner Sutton. Roll call vote: Commissioners Hansen-aye, Elliott-aye, Sutton-aye, Wiese-aye, Fischbach-aye. Resolution adopted.
SW EQUALIZATION NOTICE:
Moved by Elliott, seconded by Sutton to authorize advertising the Solid Waste Special Assessment Equalization Notice. All members present voting aye. Motion carried.
SOLID WASTE TIPPING FEE SCHEDULE - 2011
Commissioner Sutton offered the following Resolution:
RESOLUTION NO. 83-10
WHEREAS, Title 3, Solid Waste Management System, Chapter 3.07010 of the Second Revision Brown County Ordinances, effective March 12, 1997, as amended, requires the Board of County Commissioners to establish the fees for use of the landfill.
NOW, THEREFORE BE IT RESOLVED, that the following Solid Waste Tipping Fee Schedule shall be effective January 1, 2011:
SOLID WASTE TIPPING FEE SCHEDULE
PRICES EXCEPT MINIMUM CHARGE DO NOT REFLECT 4% SALES TAX
ALL LOADS MUST BE TARPED AND SECURED
ALL WASTE MUST BE SORTED AND PUT INTO PROPER AREAS
Type: Fee
Appliances, Refrigerators, Freezers, Air Conditioners, Dehumidifiers, With or Without FREON: $12.50 per item
Asbestos1, Friable Ð Powdery or Dusty state, can be crumbled and reduced to powder by hand: $ 5.00 per bag
Compost, Grass, Leaves and Light Garden Residue: FREE
Contsoil, Gas and Diesel Contaminated Soil (notification and analysis required before disposal): $ 6.00 per ton
Contsmix, Waste Oil and Mixed Fuel Contaminated Soil: $10.50 per ton
MSWRB Rubble waste placed in Unit 1: $18.00 per ton
INDSW, Industrial Solid Waste: $36.00 per ton
MSW1, Municipal Solid Waste Ð IN COUNTY (Paper, plastic, cardboard, carpet, upholstered furniture, mattress, box springs, TV’s, computer hardware etc. (Check with Landfill for material not accepted): $36.00 per ton
MSW2, Municipal Solid Waste Ð OUT OF COUNTY (same as MSW1): $36.00 per ton
MSWCR Rural container site collection waste: Assess per ton
MSWDA Carcasses (notification required prior to dumping): $36.00 per ton
Rubble 1 Construction debris-lumber, shingles, sheetrock etc.: $18.00 per ton
Rubble 2 Heavy debris, concrete, dirt, rocks etc.: $12.00 per ton
Rubble 3. Pallets: $18.00 per ton
Scrap Metal, Metals: $18.00 per ton
Sludge, Sump waste (analysis may be required): $10.00 per ton
Tires, Large quantities priced per ton: $150.00 per ton
Tires Count, Car and light truck: $ 2.00 per tire
Tire Shreds, Shredded tires (cell disposal): $36.00 per ton
Tree Chips, Wood chips from trees: $12.00 per ton
Trees1, Trees less than 8 inches in diameter: $18.00 per ton
Trees 2, Trees more than 8 inches in diameter (must be 8’ or shorter in length: $12.00 per ton
Minimum Charge (except on per item fees) 4% Sales Tax included: $ 3.00
The following items are accepted free:
Lead Acid Batteries, Waste Oil, Paint, Grass and Leaves, Computer and Office Paper, Cardboard, #1 and #2 Plastic, Magazines, Phone Books, Antifreeze (residential only) and Propane Tanks
Dated this 31st of August 2010.
Seconded by Commissioner Hansen. Roll call vote: Commissioners Hansen-aye, Elliott-aye, Sutton-aye, Wiese-aye, Fischbach-aye. Resolution adopted.
LEASE AGREEMENT:
Moved by Elliott, seconded by Sutton to approve and authorize the Chairman to sign agreement with Cindy Wolf, for lease of the Richmond Lake Youth Camp on August 21-22, 2010. All members present voting aye. Motion carried.
ABATEMENTS:
Moved by Sutton, seconded by Hansen to approve the following Abatements: Christopher Williams @ $74.73 and $80.51 (mobile home condemned); Rodney Sanders @ $639.00 (office error). All members present voting aye. Motion carried.
BID Ð WOOD WASTE GRINDING:
Time and place, as advertised to open, read and consider bids for wood waste grinding at the Landfill. Moved by Hansen, seconded by Elliott to approve bid, submitted by Dakota Wood-Grinding Inc, Rosemount, MN (only bid received) in amount of $425.00 per hour with $1,200.00 mobilization fee. All members present voting aye. Motion carried.
Moved by Sutton, seconded by Hansen to approve and authorize the Chairman sign contract with Dakota Wood-Grinding Inc for completion of wood waste grinding at the Brown County Landfill. All members present voting aye. Motion carried.
SIDEWALK QUOTE:
Mike Palmer, Maintenance Supervisor discussed quote of $3,100.00 to place sidewalk adjacent to the States Attorney Office. The Commission took no action at this time, but may reconsider at a later date.
RECESS:
The Chairman declared the Commission recessed until September 7, 2010.
Maxine Fischer Ð Brown County Auditor
Publish once at the total approximate cost of $121.53.
AN ORDINANCE AMENDING ORDINANCE NO. 1164
TO REZONE CERTAIN DESCRIBED PROPERTY
BE IT ORDAINED by the Brown County Commission, Aberdeen, South Dakota, that the Petition to Amend Ordinance No. 1164 to rezone the following described property filed by Myron and Noreen Lefor and Kimberly Severson, is hereby granted and Ordinance No. 1164 is hereby amended to change the zoning on the following described property from its present zoning designation of Section 701 (A-1) Agricultural District to Section 714 (M-AG) Mini-Agricultural District, said property being described as follows:
Johnson’s Outlots 1, 2 and 3 in the NE ¼ of Sec 34-T123N-R64W of the 5th P.M., Brown County, SD
BE IT FURTHER ORDAINED by the Brown County Commission, Aberdeen, South Dakota, that the zoning official for the County of Brown is hereby authorized to change the official zoning map for the County of Brown to reflect this Ordinance.
Notice of Hearing: August 11 & 18, 2010
Passed First Reading: August 24, 2010
Passed Second Reading: August 31, 2010
Adopted: August 31, 2010
Published: September 8, 2010
Effective Date: September 28, 2010
Tom Fischbach, Chairman
Brown County Commission
ATTEST:
Maxine Fischer, Brown County Auditor
Published once at the total approximate cost of $16.37.
SOLID WASTE SPECIAL ASSESSMENT EQUALIZATION NOTICE
NOTICE IS HEREBY GIVEN that effective January 1, 2011 through December 31, 2011, pursuant to Resolution adopted by the Brown County Commission at their regular meeting on August 31, 2010, the following solid waste special assessment fee schedule shall be applied:
SOLID WASTE SPECIAL ASSESSMENT FEE SCHEDULE
(Billed with the Real Estate Tax Notice)
1. Households within Incorporated Cities or Civil Townships that require curb service @ $19.00 per year
2. Households within Incorporated Cities or Civil Townships that do not require curb service @ $75.00 per year.
3. Condominiums and Duplexes taxed as single units within Incorporated Cities or Civil Townships that require curb service @ $19.00 per year
4. Condominiums and Duplexes taxed as single units within Incorporated Cities or Civil Townships that do not require curb service @ $75.00 per year
5. Apartment Units and Assisted Living Units within incorporated Cities that require curb service @ $11.00 per unit per year
6. Seasonal Lake Cabins @ $32.00 per year
7. Mobile Home parks, outside incorporated municipalities, which provide or require lot side waste pickup during the entire assessment period, for deposit into a permitted landfill solid waste facility @ $19.00 per unit per year
8. Mobile Home parks, outside incorporated municipalities, which do not provide or require lot side waste pickup during the entire assessment period, for deposit into a permitted landfill solid waste facility $75.00 per unit per year
NOTICE IS FURTHER HEREBY GIVEN that any person, firm partnership or corporation affected by such fee may appear before the Brown County Commission sitting in Equalization between October 15, 2010 and November 1, 2010. Persons desiring to appear shall make an appointment with the Brown County Auditor’s Office in advance by calling 626-7110.
ATTEST:
Maxine Fischer, Brown County Auditor
(0908.0914)
Published twice at the total approximate cost of $39.51.
HEARING NOTICE
TO VACATE PLAT
Notice is hereby given by the Brown County Commission of a hearing to receive testimony pertaining to petition to vacate portion of a plat, described as follows:
Lot 8 Fischbach 1st Subdivision in SE ¼ Sec 23-T122N-R64W of 5th P.M., Brown County, SD
Said hearing shall be held in the Commissioner’s Chambers, Courthouse Annex, Brown County, South Dakota at 9:00 A.M., September 14, 2010. At said hearing the Board shall consider a resolution to accept or reject the petition to vacate. Any person unable to attend the hearing may submit written testimony to the Brown County Auditor, 25 Market Street, Ste 1, Aberdeen, South Dakota.
ATTEST:
Maxine Fischer, Brown County Auditor
(0830.0906)
Published twice at the total approximate cost of $18.08.
ADOPTION OF PROVISIONAL BUDGET FOR BROWN COUNTY, SOUTH DAKOTA
NOTICE IS HEREBY GIVEN: That the Board of County Commissioners of Brown County, will meet in the Courthouse at Aberdeen, South Dakota on Tuesday, September 7, 2010 at 9:00 A.M. for the purpose of considering the Provisional Budget for the year 2011 and the various items, schedules, amounts and appropriations set forth therein and as many days thereafter as is deemed necessary until the final adoption of the budget on the 28th day of September, 2010. At such time any interested person may appear either in person or by a representative, and will be given an opportunity for a full and complete discussion of all purposes, objectives, items, schedules, appropriations, estimates, amounts and matter set forth and contained in the Provisional Budget.
ATTEST:
Maxine Fischer, Brown County Auditor
Published once at the total approximate cost of $10.42.
AUGUST 24, 2010 - JOINT CITY/COUNTY MEETING
The Brown County Commission and the Aberdeen City Council met in joint session at 8:45 A.M. in the County Commission Chambers, 25 Market Street, Aberdeen, South Dakota. Present from City were Council Members Agnitsch, Bunsness, Campbell, Mitchell and Mayor Levsen. Council Members Kraft, Rux, Slaight-Hansen and Swanson were absent. Present from County were Commissioners Hansen, Elliott, Sutton, Wiese and Fischbach.
ORDINANCE NO. 10-08-02/388:
On motion by Mitchell and seconded by Agnitsch, the City unanimously voted to approve First Reading of Ordinance No. 10-08-02/388.
Moved by Elliott, seconded by Sutton to approve First Reading of Ordinance No. 10-08-02/388, An Ordinance amending Ordinance No. 1164 to rezone the following described property from its present zoning designation of Section 701 (A-1) Agricultural District to Section 714 (M-AG) Mini-Agricultural District: Johnson’s Outlots 1, 2 and 3 in the NE ¼ of Sec 34-T123N-R64W of the 5th P.M., Brown County, SD. All members present voting aye. Motion carried.
ADJOURNMENT:
The City Council adjourned and the County Commission continued in regular session.
Maxine Fischer - Brown County Auditor
Published once at the total approximate cost of $13.73.
AUGUST 24, 2010 Ð GENERAL MEETING
Meeting called to order by Chairman Fischbach at 8:45 A.M. in the Commissioners Chambers, Courthouse Annex, Brown County, SD. Present were Commissioners Hansen, Elliott, Sutton and Wiese. Relay for Life Committee Members presented the Commission a Certificate of Appreciation for their support in 2010.
MINUTES:
Moved by Wiese, seconded by Hansen to approve the General Meeting minutes of August 17, 2010. All members present voting aye. Motion carried.
CLAIMS:
Moved by Sutton, seconded by Elliott to approve the following claims:
Supplies: CMRS-FP $5000.00, Veterans Information Service $50.00, House of Glass $35.06, Center Printing $258.37, Parcel Erickson $35.67, Heartland Paper $163.35, Custom Micro $5000.00, Best Business $215.73, Mark Wendt $20.00, TSC $544.45, Serocki $192,831.67, Pomps Tire $19.00, Northern Truck $76,620.00, North Central Farmers Elev $4837.75, Louie’s Service $30.65, Lien Trans $98,610.93, Howes Oil $18,255.13, Highway Improv $49,999.26, Highland Twp $5120.00, Flint Hills $9774.97, Carquest $981.08, Brown County $10.00, Best Business $24.89, Arbor Pro Tree Care $2030.00, Ameripride $238.76, Adv Auto $9.99, Menards $14.97, Kesslers $5.45, Corner Book Shop $48.38, Kleins $9.90, Romeo Ent $390.00, Central Supply $96.60, Macs $9.30, Runnings $1605.26, Fastenal $425.07, HF Jacobs $2458.12, Aberdeen Asphalt $12,351.99, Sherwin Williams $100.60, Wright & Sudlow $27.00, Town & Country $726.08, Tennant $126.00, GCR Tire $183.66, Cash-Wa $44.90, Farm Power $92.55, J Gross $321.39, Service Signs $3772.76, SDSWMA $520.00, Office Equipment $100.32, Brown County Treasure $703.07, US Bank Card Services $4,680.08, North Star Amusements $26317.30, Ecolab Pest $194.50, Gary Engine $46.98, Heartland Paper $878.94, Jacobson Electric $13,808.58:
Transcriptions: Kristi Kost $27.20, Shepherd Reporting $50.00:
Professional Fees: NE Mental Health Center $892.43, Yankton County $25.00, Lincoln County $50.00:
Publication: Dakota Press $1063.02, American News $185.92:
Utilities: Bureau of Admin $522.97, Qwest $3917.46, Verizon $79.42, Alltel $2425.54, NW Energy $1127.54, Northern Elec $444.54, City of Hecla $78.51, Dependable Sanitation $144.50, City of Aberdeen $2373.83, Northern Valley $136.40, Midcontinent Comm $298.65:
Care of Poor: Rent Ð 3 recipients Ð Larson Rentals $280.00, Zumbaum Property $280.00, Ron Erdmann $184.00; Dr/Hospital - 3 recipients Ð Avera St Lukes $5421.75, Dakota Plains Surgical Center $4500.99, Aberdeen Internal Medicine $204.54; Utilities Ð 1 recipients Ð NW Energy $222.66; Transportation - 8 recipients Ð Jefferson Lines $433.44, Emergency Poor Fund $125.00. All members present voting aye. Motion carried.
PERSONNEL:
Moved by Elliott, seconded by Hansen to amend August 10, 2010 Meeting minutes and to approve $16.00 per hour for Mike Wiese as security officer at the Fair. Roll call vote: Commissioners Hansen-aye, Elliott-aye, Sutton-aye, Wiese-abstain, Fischbach-aye. Motion carried.
Moved by Hansen, seconded by Wiese to approve hiring Austin Wellman and Cortney Hilgemann as Dispatchers, effective August 30, 2010 at $13.10 per hour. All members present voting aye. Motion carried.
FLEXIBLE BENEFIT PLAN:
Commissioner Hansen offered the following Resolution:
RESOLUTION #78-10
BE IT RESOLVED, that the form of amended Cafeteria Plan including a Dependant Care Flexible Spending Account and Health Flexible Spending Account effective July 1, 2010, presented to this meeting is hereby approved and that the duly authorized agents of the Employer are hereby authorized and directed to execute and deliver to the Administrator of the Plan one or more counterparts of the Plan, and
BE IT RESOLVED, that the Administrator shall be instructed to take such actions that are deemed necessary and proper in order to implement this Plan, and to set up adequate accounting and administrative procedures to provide benefits under the Plan, and
BE IT RESOLVED, that the duly authorized agents of the Employer shall act as soon as possible to notify the employees of the Employer of the adoption of the Cafeteria Plan by delivering to each employee a copy of the summary description of the Plan in the form of the Summary Plan Description presented to this meeting, which form is hereby approved.
The undersigned further certifies that attached hereto as Exhibits A and B, respectively, are true copies of Brown County, South Dakota Flexible Benefit Plan as amended and restated and the Summary Plan Description approved and adopted in the foregoing resolution.
Seconded by Commissioner Sutton. Roll call vote: Commissioners Hansen-aye, Elliott-aye, Sutton-aye, Wiese-aye, Fischbach-aye. Resolution adopted.
SURPLUS PROPERTY:
Moved by Wiese, seconded by Hansen to declare scrap metal material from the Highway Department surplus for purpose of sale in 2010. All members present voting aye. Motion carried.
FAIRGROUNDS PARKING LOT LIGHTING PROJECT:
Moved by Elliott, seconded by Sutton to approve and authorize the Chairman sign Payment Request #4 (final) for the Parking Lot Lighting Project at the Fairgrounds in amount of $13,808.58. All members present voting aye. Motion carried.
PLATS:
Commissioner Sutton, offered the following Resolution:
RESOLUTION #79-10
BE IT RESOLVED by the Board of County Commissioners of Brown County, SD, that the plat showing “Bendewald Farm Subdivision in the SE ¼ Sec 12-T122N-R65W of the 5th P.M., Brown County, SD”, having been examined, is hereby approved in accordance with the provisions of SDCL 11-3, and any amendments thereof.
Seconded by Commissioner Elliott. Roll call vote: Commissioners Hansen-aye, Elliott-aye, Sutton-aye, Wiese-aye, Fischbach-aye. Resolution adopted.
Commissioner Sutton, offered the following Resolution:
RESOLUTION #80-10
BE IT RESOLVED by the Board of Commissioners of Brown County, SD, that the plat showing “Bob Wagner Addition to the Town of Mansfield, SD”, having been examined is hereby approved in accordance with the provisions of SDCL of 1967, Chapter 11-3, and any amendments thereof.
Seconded by Commissioner Elliott. Roll call vote: Commissioners Hansen-aye, Elliott-aye, Sutton-aye, Wiese-aye, Fischbach-aye. Resolution adopted.
SET HEARING DATE:
Moved by Hansen, seconded by Sutton to set hearing date to consider petition to vacate the following plat: Lot 8 Fischbach 1st Subdivision in SE ¼ of Sec 23-T122N-R65W, Brown County, SD, to be held in the Commissioner’s Chambers, Courthouse Annex, Brown County, South Dakota at 9:00 A.M. on September 14, 2010. Roll call vote: Commissioners Hansen-aye, Elliott-aye, Sutton-aye, Wiese-aye, Fischbach-abstain. Motion carried.
DISINTERMENT PERMIT:
Moved by Wiese, seconded by Elliott to acknowledge and accept Notice of Disinterment Permit (Beattie) affecting Brown County from the SD Department of Health Vital Records. All members present voting aye. Motion carried.
MANSFIELD COMMUNITY BETTERMENT:
Deb Eisenbeisz and Bob Wagner, Mansfield Community Betterment Association inquired about placing speed bumps on the east and west entrances to Mansfield to slow traffic on Main Street for the safety of the children. Jan Weismantel, Highway Superintendent was also in attendance and explained that speed bumps prevent snow removal, but will research option of additional signage and placing portable rumble strips on the road.
APPLICATIONS FOR OCCUPANCY:
Moved by Sutton, seconded by Elliott to approve the following application, submitted by James Valley Telecommunications for occupancy of Brown County Highway #5 in Sec 27-T128N-R61W, Brown County, SD to provide telecommunications. All members present voting aye. Motion carried.
Moved by Hansen, seconded by Sutton to approve the following application, submitted by Web Water for occupancy of Brown County Highway #16 in Sec 8-T123N-R62W, Brown County, SD to install potable water line. All members present voting aye. Motion carried.
Moved by Elliott, seconded by Sutton to approve the following application, submitted by Web Water for occupancy of Brown County Highway #10 in Sec 24-T125N-R64W, Brown County, SD to install potable water line. All members present voting aye. Motion carried.
PRODUCTIVITY DISCUSSION:
Al Waltman discussed the new productivity method for assessing agricultural property.
RECESS:
The Chairman declared the Commission recessed until August 31, 2010.
Maxine Fischer, Brown County Auditor
Published once at the total approximate cost of $84.03.
Courthouse Lift Station Bid
Notice
ADVERTISEMENT FOR BIDS
Separate sealed BIDS will be received for the replacement of the
sanitary sewer lift station that provides service to the Brown County
Courthouse Annex. The work will include removal of an in-place steel can
pneumatic ejector sewage lift station, F&I a new simplex grinder pump
lift station, removal and replacement of 1102 SF of concrete pavement
and curb and gutter and miscellaneous items to complete the work.
Bids will be received by the Brown County Auditor at her office at 25
Market Street, Ste 1, Aberdeen, SD until 10:15 A.M., D.S.T., September
7, 2010, and then at said office publicly opened and read aloud at the
County Commissioners Meeting. The Owner reserves the right to reject any
and all BIDS.
PROPOSAL GUARANTY: The proposal guaranty required and which must
accompany each bid is a certified check, a cashier’s check or bank draft
issued by a national bank or state bank and payable at sight to Brown
County, South Dakota in the amount of five percent (5%) of the bid or a
bid bond for ten percent (10%) of the bid, such bond to be issued by a
surety company authorized to do business in south Dakota and payable to
Brown County, South Dakota.
PERFORMANCE BOND & PAYMENT BOND: Brown County will give notice to the
successful bidder that his proposal has been accepted, and said bidder
shall within ten (10) days thereafter enter into a contract with Brown
County and furnish a Performance Bond and Payment Bond in an amount
equal to the contract price.
Envelopes containing bids shall be addressed to the Brown County
Auditor, Brown County Courthouse Annex, 25 Market Street, Ste 1,
Aberdeen, South Dakota 57401, and are to be clearly marked on the
outside of the envelope as Bid for LIFT STATION REPLACEMENT - BROWN
COUNTY COURTHOUSE ANNEX to be opened at 10:15 A.M. on Tuesday, September
7, 2010.
The CONTRACT DOCUMENTS may be examined at the following locations: Brown
County Auditor’s Office, Brown County Courthouse, Aberdeen, SD; Clark
Engineering Corporation, Aberdeen, SD; Aberdeen Builders Exchange -
Aberdeen.
Copies of the CONTRACT DOCUMENTS may be obtained upon payment of $10 at
the office of Clark Engineering Corporation, located at 2301 Eighth Ave.
N.E., Suite 125, P. O. Box 20, Aberdeen, SD 57402-0020, which will be
non-refundable.
Maxine Fischer, Brown County Auditor
(0824.0831)
Published twice at the total approximate cost of $46.87.
NESD
Celtic Faire and Games Malt Beverage License Hearing
NOTICE OF HEARING FOR SPECIAL MALT BEVERAGE LICENSE
Notice is hereby given according to SDCL 35-2, a Public Hearing on the
following Malt Beverage License Application is set for 10:00 AM on the
7th day of September, 2010, in the Chambers of the Brown County
Commissioners, in the Courthouse Annex, Brown County, South Dakota, at
which time any interested persons wishing to register complaint on their
approval may appear:
NESD Celtic Faire and Games, PO Box 202, Aberdeen, SD - Brown County
Fairgrounds (Holum Expo Bldg) SW ¼, Sec. 1, T123N, R64W (map indicating
specific building on file with application). Special License effective
Spetember 18, 2010
ATTEST:_______________________
Maxine Fischer, Brown County Auditor
Published once at the total approximate cost of $8.83.
2011 Provisional Budget
PROVISIONAL BUDGET FOR BROWN COUNTY, SD For Year January 1, 2011 through
December 31, 2011
Governmental Funds
Board of County Commissioners 294,757, Contingency 250,000, Elections
17,092, Courts 78,180, Auditor 314,850, Treasurer 452,305, Data
Processing 159,966, States Attorney 549,640, Court Appointed Attorney
307,200, Abused & Neglected Child Defense 15,000, Building Maintenance
647,057, Director of Equalization 483,091, Register of Deeds 285,021,
Veterans Service 119,996, Predatory Animal 10,375, GIS Coordinator
87,645, Sheriff 1,177,770, Jail 1,2880594, Coroner 19,606, JDC 722,621,
Fire Protection 17,000, Support of Poor 672,075, County Nurse 30,900,
FGP 1,000, Mentally Handicap 30,000, Aspire 1,000, NADRIC 20,000, NE
Mental Health Center 37,080, Mental Illness Board 75,000, Libraries
23,000, Museum 279,507, Landmark Commission 1,000, Boys & Girls Club
5,000, Richmond Youth Camp 97,323, Fairgrounds 284,418, Fair 610,388,
Area IV Nutrition 2,500, Ride Line 2,000, Extension 108,971, Weed
Control 220,237, Planning & Zoning 93,348, NECOG 21,709, Aberdeen
Development Corp 20,000, NESDCAP 2,500, Glacial Lakes 750, Operating
Transfers (EM 81,991, Road & Bridge 4,115,583, E911 319,582, Teen Court
4,000, Courthouse/Bldg 200,000). Total Appropriations $14,658,629.
Governmental Funds – means of finance:
Cash balance applied 2,249,161, Current Property Tax Levy 10,782,119
(less 22,171 to cities), Other taxes 95,121, Licenses & Permits 49,800,
Intergovernmental Revenue 340,400, Charges for Goods & Services
1,597,625, Fines & Forfeit 45,000, Miscellaneous Revenue 217,090, Other
Financing Sources 75,990, Less 5% (SDCL 7-21-18) 771,507 Total Means of
Finance $14,658,629.
Special purpose Governmental Funds:
Road and Bridge 6,863,979, Payment to other Governments 35,000,
Operating Transfer 46,690. Total Appropriations $6,452,798 Means of
finance: Cash Balance Applied 150,000, Other Taxes 700,000, Licenses &
Permits 9,000, Intergovernmental Revenue 1,747,000, Charges for Goods &
Services 400, Miscellaneous Revenue 40,800, Other Financing Sources
3,805,598. Total Means of Finance $6,452,798. E911 Fund 937,051,
Operating Transfer 6,960. Total Appropriations $944,011. Means of
Finance: Other Taxes 330,000, Intergovernmental Revenue 298,056, Charges
for Goods & Services 14,000, Miscellaneous Revenue 3,900, Other
Financing Sources 298,056. Total Means of Finance $944,011. Emergency
Management 168,352, Operating Transfer 1,160 Total Appropriation
$169,512 Means of Finance: Cash Balance Applied 30,000,
Intergovernmental Revenue 50,000, Miscellaneous Revenue 300, Other
Financing Sources 89,212. Total Means of Finance $169,512. Safe Harbor
$12,600, Means of Finance: Licenses & Permits 9,400, Charges for Goods &
Services 3,200. Total means of Finance $12,600. Teen Court $41,095,
Means of Finance: Cash balance applied 8,895, Intergovernmental Revenue
25,700, Miscellaneous Revenue 2,500, Other Financing Sources 4,000.
Total means of Finance $41,095. Courthouse Building $200,000, Total
Means of Finance: Other Financing Sources $200,000. Grants $45,000,
Total Means of Finance: Intergovernmental Revenue $45,000. Donations
$1,331, Means of Finance: Cash balance applied $1,331. 24/7 Sobriety
$60,797, Total Means of Finance: Other Financing Sources $60,797.
Proprietary Fund: Landfill Solid Waste 4,540,305, Operating Transfer Out
79,170. Total Appropriations $4,619,475. Means of Finance: Cash balance
applied 2,487,175, Other taxes $5,000, Tipping Fee $1,500,000,
Miscellaneous Revenue $627,300. Total Means of Finance $4,619,475.
ADOPTION OF PROVISIONAL BUDGET FOR BROWN COUNTY, SD
NOTICE IS HEREBY GIVEN: That the Board of County Commissioners of Brown
County, will meet in the Courthouse at Aberdeen South Dakota on Tuesday,
September 1, 2009 at 9:00 a.m. for the purpose of considering the
foregoing Provisional Budget for the year 2010 and the various items,
schedules, amounts and appropriations set forth therein and as many days
thereafter as is deemed necessary until the final adoption of the budget
on the 29th day of September 2009. At such time any interested person
may appear either in person or by a representative and will be given an
opportunity for a full and complete discussion of all purposes,
objectives, items, schedules, appropriations, estimates, amounts and
matters set forth and contained in the Provisional Budget.
Maxine Fischer, Brown County Auditor, Brown County, SD
Published once at the total approximate cost of $45.76.
AUGUST 17, 2010 – GENERAL
MEETING
Meeting called to order by Chairman Fischbach at 8:45 A.M. in the
Commissioner’s Chambers, Courthouse Annex, Brown County, South Dakota.
Present were Commissioners Hansen, Elliott, Sutton and Wiese.
MINUTES:
Moved by Wiese, seconded by Elliott to approve the General Meeting
minutes of August 10, 2010. All members present voting aye. Motion
carried.
CLAIMS:
Moved by Sutton, seconded by Elliott to approve the following claims:
Payroll: Commissioners $3,149.05; Auditor $7,919.59; Treasurer
$10,906.24; Data Processing $3,389.42; State’s Attorney $14,254.12;
SVAWA Grant $1,269.24; Maintenance $6,075.36; Assessor $11,061.43;
Register of Deeds $6,748.66; Veterans Service Office $3,225.25; GIS
$1,945.93; Sheriff $27,560.41, Jail $28,440.15; JDC $17,659.85; 24/7
$1,800.26; Communications $18,855.21; Welfare Office $3,196.20; Museum
$6,281.96; Parks & Fairgrounds $6,362.53; Fairboard $2,486.79; Weed
$4,509.88; Extension $2,539.78; Planning and Zoning $1,882.64; Emergency
Management $2,945.62; Teen Court $527.45; Highway $37,753.34; Landfill
$10,955.93; Matching Benefits: FICA $14,246.61; Medicare $3,331.78:
Supplies: Office Equip $319.08, Lar-Jos $128.00, Dept of Rev $34.00,
Quality Quick Print $470.15, SDACC $1649.31, Menards $242.73, Kone
$275.00, Sherwin Williams $622.25, Lust Chev $104.95, Dakota Electronics
$8.75, Exhaust Pros $58.58, West Payment Center $102.85, Tel Serv
$129.49, Ameripride $59.12, Glas Consulting $123.75, Hub City Radio
$300.00, Midwest Alarms $51.50, Fordham Signs $345.00, Kleins $9.41,
James Valley Model RR Assn $697.34, Val Daschel $1125.00, SDSU $4.50,
TSC $27.44, Carquest $105.30, Van Diest $4257.00, Aberdeen Chrysler
Center $58.88, Hewlett Packard $3926.32, HF Jacobs $8441.50, Brick
Propane $63.00, Adv Weighing Systems $932.85, Electrical Engineering
$224.18, Best Business $17.20, Language Line $90.00, SDEMA $60.00, DSU
$2250.00:
Travel: Gene Loeschke $107.30, City of Groton $81.77, Michael Carlsen
$200.54:
Court Appointed Attorney: Kabeiseman & Pollard $129.00:
Professional Fees: witness fees $100.00, Avera St Lukes $1202.47, John
Kersten $2508.17, Sanford Labs $23.21, UND Forensic Pathology $1500.00,
Donna Dietrich $204.74, Lewis & Clark BHS $284.00, Denise Cody $30.00,
Cathy Rehfuss $30.00, Lincoln County $379.00, Avera Queen of Peace
$53.50, Yankton County $248.50:
Publication: Groton Indep $123.54, American News $754.58, Huron
Plainsman $12.19:
Utilities: Northwestern Energy $269.21, Dependable Sanitation $4972.34,
Northern Elec $1028.19, Northern Wireless Comm $149.90, Qwest $62.92,
Alltel $41.64:
Care of Poor: Rent - 5 recipients – Park Village $191.00, Eisenbeis
Mobile Home $280.00, Zumbaum Property $280.00, Trent Andree $300.00,
Danne $126.00; Dr/Hospital - 6 recipients – Dakota Imaging $381.21,
Physicians Labs $55.94, Surgical Institute $2817.45, Anes Assoc $764.96,
Avera McKennan $6460.86, Avera Home Med $30.00; Utilities – 2 recipients
– City of Aberdeen $125.52, City of Groton $280.00; Transportation - 2
recipients – Brown County Hwy $88.13, Emergency Poor Fund $60.73. All
members present voting aye. Motion carried.
PERSONNEL:
Moved by Elliott, seconded by Sutton to approve the following employee
step increases, effective August 22, 2010: Kristi Vetter @ $13.03 per
hour, John Heidenreich @ $14.15 per hour, John Heine @ $19.75 per hour,
Teresa Mayou @ $13.43 per hour. All members present voting aye. Motion
carried.
Moved by Sutton, seconded by Wiese to approve hiring the following to
work during the 2010 Brown County Fair, effective August 18, 2010: Roger
Dummer, James Crouch, Jason Dohn, Ashley Krumm, Allan Mivshek, Wayne
Neaveil, Danny Denny, Jennifer Schuldt, Jennifer Zoellner, Jason Weig,
Gerard Fraser @ $8.97 per hour. All members present voting aye. Motion
carried.
Moved by Wiese, seconded by Elliott to approve hiring Tim McCurdy,
effective August 13, 2010 for purpose of prisoner transport. All members
present voting aye. Motion carried.
SPECIAL MALT BEVERAGE LICENSE HEARING SET:
Moved by Sutton, seconded by Elliott to authorize advertising public
hearing to consider application for Special Malt Beverage License for
September 18, 2010, submitted by NESD Celtic Faire and Games, PO Box
202, Aberdeen, SD - Brown County Fairgrounds (Holum Expo Building) SW
¼-Sec 1-T123N-R64W (map indicating specific tent location on file with
application), to be held in the Commissioner’s Chambers, Courthouse
Annex, Brown County, SD at 10:00 A.M. September 7, 2010. All members
present voting aye. Motion carried.
LEASE AGREEMENT:
Moved by Elliott, seconded by Sutton to approve the following agreement:
Nick Guthmiller for lease of the Grandstands, Race Track and area under
the grandstands on August 28 - 29, 2010. All members present voting aye.
Motion carried.
CLAIM ASSIGNMENT:
Moved by Sutton, seconded by Elliott to approve and authorize the
Chairman sign documentation to assign claims against two individuals to
L.F. Noll Inc. for purpose of collecting a lien. All members present
voting aye. Motion carried.
BID – COURTHOUSE ANNEX LIFT STATION:
Moved by Hansen, seconded by Sutton to authorize advertising public
hearing to open, read and consider bids for labor and material for
replacement of the sanitary sewer lift station that provides service to
the Brown County Courthouse Annex, to be held in the Commissioner’s
Chambers, Courthouse Annex, Brown County SD at 10:15 a.m. on September
7, 2010. All members present voting aye. Motion carried.
DISCRETIONARY FORMULA:
Moved by Sutton, seconded by Wiese to approve Discretionary Formula, as
requested by Basin Electric Power Cooperative and NorthWestern
Corporation, as companies are centrally assessed by the SD Department of
Revenue. All members present voting aye. Motion carried.
EMPLOYEE AUTHORIZED:
Moved by Hansen, seconded by Wiese to authorize John McQuillen,
Communications Director hire an additional employee as Dispatcher. All
members present voting aye. Motion carried.
RADIO TOWER:
Moved by Sutton, seconded by Wiese to authorize the Brown County
Landfill and Brown County Highway Department relocate a 196’ radio tower
and equip with new repeater system and updated radios for their use at
approximate cost of $55,000.00 plus cost of concrete for tower. All
members present voting aye. Motion carried.
SPECIAL OFF-SALE WINE LICENSE HEARING:
Moved by Sutton, seconded by Elliott to approve and authorize the
Chairman sign the following Special Off-Sale Wine License Application
(map indicating specific tent on file with application): Valiant
Vineyards Inc, 1500 W Main Street, Vermillion, SD - Brown County
Fairgrounds (Special Tent) SW ¼-Sec 1-T123N-R64W, effective August 19,
20 & 21, 2010. All members present voting aye. Motion carried.
APPEAL HEARING – PLANNING & ZONING DECISION:
Time and place, as advertised for Appeal Hearing in regard to the
Planning & Zoning Board’s approval of a Special Exception. Kimberly
Dorsett, States Attorney, appeared with Attorney’s Tom Tonner and Vic
Fischbach. SD Dorsett stated that the County Ordinance providing that
the County Commission hears any appeal in regard to this type of matter
has been pre-empted by subsequently enacted State Statute and that cases
interpreting that statute hold that the Brown County Commission has no
jurisdiction to hear appeal. The matter was referred to circuit court
for further action.
EXECUTIVE SESSION:
Moved by Sutton, seconded by Wiese to go into executive session to
discuss contract with Kim Dorsett in attendance. All members present
voting aye. Motion carried.
The Chairman declared the executive session closed, with no action taken
as a result of the discussion.
BRIDGE #229:
Moved by Wiese, seconded by Hansen to approve and authorize the Chairman
sign Work Order #LGA-140-09 for Clark Engineering Corporation to
complete Design Analysis on Bridge #229 in amount not to exceed
$3,040.13. All members present voting aye. Motion carried.
JRWDD:
James River Water Development District representatives Wayne Miller,
Darrell Raschke, Richard Wiebe, Randy Stanley and Prairie Partners Inc
representative Andy Dickenson presented information on the Brown County
Storm Water Management Plan.
EXECUTIVE SESSION:
Moved by Hansen, seconded by Elliott to go into executive session to
discuss possible litigation with Kim Dorsett and Mary Worlie in
attendance. All members present voting aye. Motion carried.
The Chairman declared the executive session closed, with no action taken
as a result of the discussion.
RECESS:
The Chairman declared the Commission recessed until August 24, 2010.
Maxine Fischer, Brown County Auditor
Published once at the total approximate cost of $83.70.
Notice of Audit
of the Fiscal Affairs of
Brown County
Notice is hereby given that the records and books of account of Brown
County, South Dakota, have been audited by the Department of Legislative
Audit for the year ended December 31, 2009, and that a detailed report
thereon is filed with the county auditor of Brown County and the
Department of Legislative Audit in Pierre, South Dakota for public
inspection. This notice is published in compliance with the provisions
of SDCL 4-11-12.
Martin L. Guindon, CPA Auditor General Department of Legislative Audit
Published once at the total approximate cost of $7.81.
ORDINANCE NO. 10-07-01/387
AN ORDINANCE AMENDING ORDINANCE NO. 1164 TO REZONE CERTAIN DESCRIBED PROPERTY
BE IT ORDAINED by the Brown County Commission, Aberdeen, South Dakota, that the Petition to Amend Ordinance No. 1164 to rezone the following described property filed by WEB Water Development Association, is hereby granted and Ordinance No. 1164 is hereby amended to change the zoning on the following described property from its present zoning designation of Section 710 (I-2) Unrestricted Industrial District and Section 707 (C-2) Highway Commercial District to Section 707 (C-2) Highway Commercial District, said property being described as follows:
Lot 1, WEB Water Development 1st Subdivision in the N ½ of Sec 21-T123N-R64W of the 5th P.M., Brown County, SD
BE IT FURTHER ORDAINED by the Brown County Commission, Aberdeen, South Dakota, that the zoning official for the County of Brown is hereby authorized to change the official zoning map for the County of Brown to reflect this Ordinance.
Notice of Hearing: July 14 & 21, 2010
Passed First Reading: July 27, 2010
Passed Second Reading: August 3, 2010
Adopted: August 3, 2010
Published: August 11, 2010
Effective Date: August 31, 2010
Tom Fischbach, Chairman
Brown County Commission
ATTEST:
Maxine Fischer, Brown County Auditor
Published once at the total approximate cost of $16.00.
AUGUST 3, 2010 – GENERAL MEETING
Meeting called to order by Chairman Fischbach at 8:45 A.M. in the Commissioner’s Chambers, Courthouse Annex, Brown County, SD. Present were Commissioners Hansen, Elliott, Sutton and Wiese.
MINUTES:
Moved by Wiese, seconded by Sutton to approve the Joint City/County Meeting minutes and the General Meeting minutes of July 27, 2010. All members present voting aye. Motion carried.
CLAIMS:
Moved by Sutton, seconded by Wiese to approve the following claims:
Payroll: Commissioners $3,149.05; Auditor $7,906.51; Treasurer $10,906.24; Data Processing $3,389.42; State’s Attorney $14,129.17; Stop Loss Grant-SA 1,269.24; Maintenance $6,072.71; Assessor $11,061.43; Register of Deeds $6,768.29; Veterans Service Office $3,225.25; GIS $1,945.93; Sheriff $73,303.05; 24/7 1,811.04; Communications $19,704.74; Welfare $3,196.20; Museum $6,281.96; Fair board $2,130.52; Fairgrounds & Parks $5,376.82; Extension $2,586.94; Weed $4,638.69; Planning & Zoning $1,882.64; Teen Court $493.20; E&D $2,945.62; Coroner..$1,050.00; Highway $38,254.38; Landfill $10,595.16; Matching Benefits FICA $15,132.62; Medicare $3,539.09; Life $574.12; Dental $5,086.80; Health $75,499.74; Retirement $42,927.65:
Supplies: Best Business $291.81, Office Equip $253.06, Cunningham Elec $1519.71, Runnings $1266.04, Nelson Sales $318.97, Gardner Locksmith $94.58, Exhaust Pros $26.78, Otis Elev $468.84, State Radio $2250.00, Dakota Electronics $1539.00, Exec Mgmt $1397.80, Meyers Auto $75.00, Swanston Equip $6500.00, SDDOT $22,720.70, Serocki Excavating $60,267.64, Plastic Works $6405.00, North Central Rentals Lsg $1050.00, Nelson Sales $45.00, Lien Trans $88,450.49, HF Jacobs $4602.75, Howes Oil $17,825.20, Hanlon Bros $4644.21, Great Western Tire $2115.00, Gillund Ent $292.80, GCC Ready Mix $621.00, LG Everist $15,048.46, Anerson Ind $110.50, Ameripride $59.12, Production Monkeys $950.42, Gaylord Bros $137.58, House of Glass $10.50, Dacotah Prairie Museum $11.52, Sherwin Williams $41.49, Kleins $30.43, Macs $20.48, Ben Hofer $11,741.69, Pizza Ranch $292.00, Cartney Bearing $41.38, Alligare $407.50, Health & Nutrition Letter $28.00, RDJ Spec $101.62, Dakota Elec $412.00, Northern Elec $6500.00, Pheasantland Ind $242.23, Butler Machinery $1564.37, Landfill Service Corp $22,641.75, Gray Const $15,628.00, DSG $4716.01, Menards $1722.60, House of Glass $59.56, Farnams $183.29, N Central Farmers Elev $587.53, C&L Plumbing $745.02, CWD $44.90, Share Corp $397.00, Geffdog $127.40, Swanson Elec $4000.00, Heartland Paper $4169.88, Titan $827.05:
Transcriptions: Sara Zahn $30.60:
Travel: Tim Miller $243.86, Gene Loeschke $157.25, Gary Vetter $27.01:
Professional Fees: Sheila Enderson $500.00, Avera Intensivists $235.19, Sanford Clinic $58.29, Avera St Lukes $734.73, Avera St Lukes $41.53, Avera Queen of Peace $160.50, Eide Bailly $243.00, SD Drug Control Fund $90.00:
Publication: American News $665.60:
Utilities: Northwestern Energy $9701.14, Qwest $85.86, Midcontinent Comm $48.03, Montana Dakota $23.49, James Valley $210.70, WEB $274.16, Dependable Sanitation $4428.16, Northern Elec $49.00:
Care of Poor: Rent - 2 recipients – Larry Dingman $162.50, Zumbaum Property $280.00; Dr/Hospital - 5 recipients – Avera St Lukes $698.00, Orthopedics Surgery Spec $1857.39, Physicians Labs $276.66, Avera Internal Medicine $34.31, Avera Gastroenterology $947.60, Anesthesiology Assoc $128.00; Utilities – 1 recipient – NW Energy $178.23; Insurance – 1 recipient – 3M Company $366.99. All members present voting aye. Motion carried.
PERSONNEL:
Moved by Sutton, seconded by Wiese to approve the following employee step increases, effective August 8, 2010: Sherri Rawstern @ $14.21 per hour, Scott Kolb @ $19.70 per hour, Dennis VanHeerde @ $14.72 per hour. All members present voting aye. Motion carried.
Moved by Sutton, seconded by Wiese to approve hiring Teresa Mann as a Regular Part-time Employee as defined in Policy #3.1, except will continue to receive full health, dental and life benefit as cook for the jail, effective July 13, 2010 at $12.13 per hour. All members present voting aye. Motion carried.
Moved by Sutton, seconded by Wiese to approve hiring Brenda Schmitt, effective July 9, 2010 for purpose of prisoner transport. All members present voting aye. Motion carried.
Moved by Sutton, seconded by Hansen to acknowledge resignation of Keith Peterson, effective July 20, 2010. All members present voting aye. Motion carried.
Moved by Sutton, seconded by Wiese to approve hiring Jacie Schley @ $9.95 per hour and Winnie J Kelly @ $8.97 per hour, effective August 16 – 23, 2010 at the Brown County Fair Office during the 2010 Brown County Fair. All members present voting aye. Motion carried.
APPLICATION FOR OCCUPANCY:
Moved by Hansen, seconded by Wiese to approve application, submitted by James Valley Telecommunications for occupancy of Brown County Highway #5 in Sec 1-T127N-R63W of 5th P.M., Brown County, SD to provide telecommunication service. All members present voting aye. Motion carried.
2011 BUDGET PRESENTATION:
Cindy Gehring, Volunteers of America presented information in regard to the 2011 budget request for the Volunteers of America Program.
RACE TRACK LIMITED ADDENDUM #1:
Moved by Sutton, seconded by Hansen to approve and authorize the Chairman to sign Limited Addendum #1 to lease agreement for the Brown County Raceway with Nick Guthmiller DBA Brown County Speedway, to allow the following racing event: Monster Truck Event on August 28, 2010, for additional sum of $1,200.00, with all other terms of lease agreement remaining unchanged and in full force and effect. All members present voting aye. Motion carried.
OFFICE CLOSING:
Moved by Wiese, seconded by Sutton to allow Carol Sherman, Register of Deeds to close the office on August 10, 2010 to allow all employees to participate in new system training. All members present voting aye. Motion carried.
PRE-DISASTER MITIGATION PLAN:
Commissioner Wiese offered the following Resolution:
RESOLUTION NO. 76-10
RESOLUTION TO ADOPT THE BROWN COUNTY PDM PLAN
WHEREAS Brown County has experienced severe damage from strong winds, flooding, hail, heavy snow, heavy rain, and tornadoes on many occasions in the past century, resulting in property loss, loss of life, economic hardship, and threats to public health and safety;
WHEREAS a Pre-Disaster Mitigation Plan has been developed after more than one year of research and work by Brown County Emergency Management, NECOG, Northern Electric Cooperative, and the Pre-Disaster Mitigation Committee;
WHEREAS the Plan recommends hazard mitigation actions that will protect the people and property affected by the natural hazards that face the County;
WHEREAS a public meeting was held to review the Plan as required by law;
NOW THEREFORE BE IT RESOLVED by the Chairman and the Brown County Commission that:
1. The Pre-Disaster Mitigation Plan (dated May 2010) is hereby adopted as an official plan of Brown County,
2. The Brown County Emergency Manager will provide annual progress, accomplishments, and plan updates to the County Commission. This shall be submitted to the Commission sometime within the fiscal year.
Seconded by Commissioner Sutton. Roll call vote: Commissioners Hansen-aye, Elliott-aye, Sutton-aye, Wiese-aye, Fischbach-aye. Resolution adopted.
2011 PROVISIONAL BUDGET:
Moved by Wiese, seconded by Sutton to approve the 2011 Provisional Budget and authorize advertising public hearing to be held in the Commissioner’s Chambers, Courthouse Annex, at 9:00 A.M. on September 7, 2010. Roll call vote: Commissioners Hansen-aye, Elliott-aye, Sutton-aye, Wiese-aye, Fischbach-aye. Motion carried.
RECESS:
The Chairman declared the Commission recessed until August 10, 2010.
Maxine Fischer, Brown County Auditor
Published once at the total approximate cost of $74.33.
AUGUST 3, 2010 - JOINT CITY/COUNTY MEETING
The Brown County Commission and the Aberdeen City Council met in joint session at 8:45 A.M. in the County Commission Chambers, 25 Market Street, Aberdeen, South Dakota. Present from City were Council Members Agnitsch, Bunsness, Campbell, Mitchell and Mayor Levsen. Council Members Kraft, Rux, Slaight-Hansen and Swanson were absent. Present from County were Commissioners Hansen, Elliott, Sutton and Fischbach. Commissioner Wiese was absent.
ORDINANCE NO. 10-07-01/387:
On motion by Mitchell and seconded by Bunsness, the City unanimously voted to approve Second Reading and Adoption of Ordinance No. 10-07-01/387.
Moved by Sutton, seconded by Elliott to approve Second Reading and Adoption of Ordinance No. 10-07-01/387, An Ordinance amending Ordinance No. 1164 to rezone the following described property from its present zoning designation of Section 710 (I-2) Unrestricted Industrial District and Section 707 (C-2) Highway Commercial District to Section 707 (C-2) Highway Commercial District: Lot 1, WEB Water Development 1st Subdivision in the N ½ of Sec 21-T123N-R64W of the 5th P.M., Brown County, SD. Roll call vote: Commissioners Hansen-aye, Elliott-aye, Sutton-aye, Wiese-absent, Fischbach-aye. Ordinance adopted.
SET HEARING DATE:
On motion by Bunsness and seconded by Mitchell, the City unanimously voted to set hearing date for Ordinance No. 10-08-02/388 (Johnson Rezone).
Moved by Hansen, seconded by Elliott to set public hearing for Ordinance No. 10-08-02/388, An Ordinance to amend Ordinance No. 1164 to rezone the following described property from its present zoning designation of Section 701 (A-1) Agricultural District to Section 714 (M-AG) Mini-Agricultural District: Johnson’s Outlots 1, 2 and 3 in the NE ¼ of Sec 34-T123N-R64W of the 5th P.M., Brown County, SD, to be held on August 24, 2010 at 8:45 a.m. in the County Commission Chambers, 25 Market Street, Aberdeen, SD. All members present voting aye. Motion carried.
ADJOURNMENT:
The City Council adjourned and the County Commission continued in regular session.
Maxine Fischer - Brown County Auditor
Published once at the total approximate cost of $21.76.
LeFor/Severson Rezoning Request
NOTICE OF JOINT HEARING OF THE ABERDEEN CITY COUNCIL AND THE BROWN COUNTY COMMISSION REGARDING A PETITION TO REZONE CERTAIN PROPERTY
A public hearing will be held by the Aberdeen City Council and Brown County Commission on the 24th day of August, 2010, beginning at 8:45 a.m. in the Brown County Commission Chambers, 25 Market Street, to consider the Petition filed by Myron and Noreen Lefor and Kimberly Severson, to amend Ordinance No. 1164 to rezone the following described property from its present zoning designation of Section 701 (A-1) Agricultural District to Section 714 (M-AG) Mini-Agricultural District, said property being described as follows:
Johnson’s Outlots 1, 2 and 3 in the NE ¼ of Section 34-T123N-R64W of the 5th P.M., Brown County, South Dakota
The public is invited to attend the hearing and to present testimony and comments pertaining to the Petition to Amend Ordinance No. 1164 to rezone the above described property. At the conclusion of the hearing, the council and commission may adopt first reading of Ordinance #10-08-02/388 granting Petition to Amend Ordinance No. 1164 and granting the Petition to Rezone said property.
Dated this 3rd day of August 2010.
ATTEST: Karl Alberts, Finance Officer
Maxine Fischer, Brown County Auditor
Published twice at the total approximate cost of $26.78.
JULY 27, 2010 - JOINT CITY/COUNTY MEETING
The Brown County Commission and the Aberdeen City Council met in joint session at 8:45 A.M. in the County Commission Chambers, 25 Market Street, Aberdeen, South Dakota. Present from City were Council Members Bunsness, Campbell, Mitchell, Rux and Mayor Levsen. Council Members Agnitsch, Kraft, Slaight-Hansen and Swanson were absent. Present from County were Commissioners Hansen, Elliott and Sutton. Commissioners Wiese and Fischbach were absent.
ORDINANCE NO. 10-07-01/387:
On motion by Campbell and seconded by Rux, the City unanimously voted to approve First Reading of Ordinance No. 10-07-01/387.
Moved by Elliott, seconded by Sutton to approve First Reading of Ordinance No. 10-07-01/387, An Ordinance amending Ordinance No. 1164 to rezone the following described property from its present zoning designation of Section 710 (I-2) Unrestricted Industrial District and Section 707 (C-2) Highway Commercial District to Section 707 (C-2) Highway Commercial District: Lot 1, WEB Water Development 1st Subdivision in the N ½ of Sec 21-T123N-R64W of the 5th P.M., Brown County, SD. All members present voting aye. Motion carried.
ADJOURNMENT:
The City Council adjourned and the County Commission continued in regular session.
Maxine Fischer - Brown County Auditor
Published once at the total approximate cost of $14.06.
Valiant Vineyard Hearing Notice
NOTICE OF HEARING UPON APPLICATIONS
FOR SALE OF ALCOHOLIC BEVERAGES
Notice is hereby given according to SDCL 35-2-4, as amended, a Public Hearing on the following Alcoholic Beverage License Application is set for 9:00 A.M. on the 17th day of August, 2010 in the Chambers of the Brown County Commissioners, Courthouse Annex, Brown County, South Dakota, at which time any person interested in the approval or rejection of any such application may appear and be heard.
SPECIAL OFF-SALE PACKAGE WINE DEALERS LICENSE FOR SPECIAL EVENT
Valiant Vineyards, Inc. 1500 W Main Street, Vermillion, S.D. 57069 – Brown County Fairgrounds (Special Wine Tent) SW ¼ Sec 1-T123N-R64W (map indicating specific location of tent on file with application). Special License effective August 19, 20 & 21, 2010
ATTEST:
Maxine Fischer
Brown County Auditor
Published once at the total approximate cost of $11.16.
JULY 27, 2010 – GENERAL MEETING
Meeting called to order by Commissioner Hansen at 8:45 a.m. in the Commissioner’s Chambers, Courthouse Annex, Brown County, SD. Present were Commissioners Elliott, Sutton and Wiese. Commissioner Fischbach was absent. Moved by Sutton, seconded by Elliott to appoint Nancy Hansen as Chairman in absence of Tom Fischbach. All members present voting aye. Motion carried.
MINUTES:
Moved by Sutton, seconded by Elliott to approve the General Meeting minutes of July 20, 2010. All members present voting aye. Motion carried.
CLAIMS:
Moved by Sutton, seconded by Elliott to approve the following claims:
Supplies: US Bank $8144.38, Aberdeen Hockey $79,000.00, Brown County $852.17, West Payment Center $3797.26, Hewlett Packard $8634.00, Central Supply $665.50, Heartland Paper $45.56, Menards $768.16, McFarland Supply $17.22, Elec Co $1724.49, Cartney Bearing $125.72, Lien Trans $1382.66, Ecolab $261.50, Carquest $78.61, Youngs $70.26, Gardner Locksmith $160.50, New Trends $37.30, Wooden Mallet $395.00, Moore Medical $316.37, Sanford Clinic $189.00, JT Electric $42.00, Aberdeen Plumbing & Heating $414.79, Marcy Fritz $10.53, Diane Mielke $45.99, Tri State Water $42.60, Best Business $164.14, Langs $196.00, Mark Wendt $6.88, Hagan Ins $185.00, Serocki Excavating $56,948.74, Pheasantland Ind $198.31, Palmer Dist $59.50, Old Dominion Brush $832.05, North Central Farm Elev $2473.61, Newman Signs $484.35, Louie’s Service $264.87, Lien Trans $93,239.91, Lawson Prod $157.30, GCC Ready Mix $444.00, Fastenal $289.12, Dware $80.00, Diesel Machinery $50,830.00, Diamond Mowers $742.54, Custom Glass $15.00, Best Business $50.86, Gellhaus & Gellhaus $65.00, Crafty Wolfer $60.00, Office Equip $15.98, Pro Build $25.46, WSI $200.00, Western States Fire $662.70, Runnings $113.85, Nelson Sales $29.99, Sue Gates $5.29, McFarland $51.24, Jacobson Elec $5759.60, Pierson Ford $31,099.00, Western Printing $181.60, Van Diest $11,012.00, Ameripride $182.58, Alexander Mitchell Library $20,000.00, Emma Burnham Library $750.00, FGP $1000.00, Pizza Ranch $64.36, Fishers Cleaning Service $885.00, J&N Mfg $792.34, Dept of Rev $1221.00, New Trends $132.78, Richards & Oliver $81.41:
Transcriptions: Tammy Erickson $91.20:
Travel: Best Western $210.00, Leo Lesher $142.45, Rick Hansen $118.40, Larry Gerlach $497.56, Amy Scott $118.84, Kim Dorsett $47.00:
Court Appointed Attorney: Chris Dohrer $5770.83, Kuck Law Office $5520.83, Gina Rogers $5520.83, Christy Serr $5770.83:
Professional Fees: Clinical Lab $1590.00, Regional Health $350.00, NE Mental Health $526.68, Kristi Spitzer $412.00, Donna Dietrich $294.66, Joan Kittelson $15.00, McCook County $196.80, Nelva Kooistra $15.00, Sheriff of Yankton County $25.00, witness fees $20.00, Vic Fischbach $975.00:
Publication: Groton Indep $312.14, American News $611.28:
Utilities: Midcontinent Comm $399.73, Alltel $478.70, Northwestern Energy $2195.72, Northern Elec $586.01, Qwest $1497.62, Bureau of Info $3000.00, Bureau of Admin $513.37:
Care of Poor: Rent - 2 recipients – Eisenbeis Mobile Home Ct $300.00, Super 8 $180.00; Dr/Hospital - 4 recipients – Avera McKennan $9342.22, Dakota Plains Surgical Center $2323.08, Avera St Lukes $7542.19; Utilities – 1 recipient – NW Energy $316.71; Medication – 1 recipient – Avera Home Med Equip $30.00; Burials – 1 recipient – Schrivers $1200.00; Transportation – 3 recipients – Aberdeen Adv Care $100.19, Brown County $80.08. All members present voting aye. Motion carried.
PERSONNEL:
Moved by Wiese, seconded by Sutton to approve hiring Leon Vickers as part-time employee at the Highway Department, effective August 1, 2010 at $10.28 per hour. All members present voting aye. Motion carried.
INTEREST STATEMENT:
Moved by Elliott, seconded by Sutton to accept for filing the April-June 2010 Interest Statement, submitted by County Treasurer Sheila Enderson. All members present voting aye. Motion carried.
PLATS:
Commissioner Sutton offered the following Resolution:
RESOLUTION #66-10
BE IT RESOLVED by the County Commission of Brown County, SD, that the plat showing “Braun-Huber Subdivision in N ½ Sec 1-T121N-R65W of the 5th P.M., Brown County, SD”, having been examined is hereby approved in accordance with the provisions of SDCL of 1967, Chapter 11-3, and any amendments thereof.
Seconded by Commissioner Elliott. Roll call vote: Commissioners Hansen-aye, Elliott-aye, Sutton-aye, Wiese-aye, Fischbach-absent. Resolution adopted.
Commissioner Elliott offered the following Resolution:
RESOLUTION #67-10
BE IT RESOLVED by the County Commission of Brown County, SD, that the plat showing “Kippley 1st Consolidation Subdivision in Raetzman’s Richmond Lake Subdivision in N ½ Sec 13-T124N-R65W of the 5th P.M., Brown County, SD”, having been examined is hereby approved in accordance with the provisions of SDCL of 1967, Chapter 11-3, and any amendments thereof.
Seconded by Commissioner Sutton. Roll call vote: Commissioners Hansen-aye, Elliott-aye, Sutton-aye, Wiese-aye, Fischbach-absent. Resolution adopted.
Commissioner Sutton offered the following Resolution:
RESOLUTION #68-10
BE IT RESOLVED by the County Commission of Brown County, SD, that the plat showing “B-F-S Richmond Lake Subdivision in SW ¼ Sec 19-T124N-R64W of the 5th P.M., Brown County, SD”, having been examined is hereby approved in accordance with the provisions of SDCL of 1967, Chapter 11-3, and any amendments thereof.
Seconded by Commissioner Elliott. Roll call vote: Commissioners Hansen-aye, Elliott-aye, Sutton-aye, Wiese-aye, Fischbach-absent. Resolution adopted.
Commissioner Elliott offered the following Resolution:
RESOLUTION #69-10
BE IT RESOLVED by the County Commission of Brown County, SD, that the plat showing “Spanier Outlot A in NW ¼ Sec 25-T123N-R60W of the 5th P.M., Brown County, SD”, having been examined is hereby approved in accordance with the provisions of SDCL of 1967, Chapter 11-3, and any amendments thereof.
Seconded by Commissioner Sutton. Roll call vote: Commissioners Hansen-aye, Elliott-aye, Sutton-aye, Wiese-aye, Fischbach-absent. Resolution adopted.
Commissioner Sutton offered the following Resolution:
RESOLUTION #70-10
BE IT RESOLVED by the County Commission of Brown County, SD, that the plat showing “Durheim First Consolidation Subdivision on Elm Lake in NE ¼ Sec 17-T128N-R65W of the 5th P.M., Brown County, SD”, having been examined is hereby approved in accordance with the provisions of SDCL of 1967, Chapter 11-3, and any amendments thereof.
Seconded by Commissioner Elliott. Roll call vote: Commissioners Hansen-aye, Elliott-aye, Sutton-aye, Wiese-aye, Fischbach-absent. Resolution adopted.
Commissioner Elliott offered the following Resolution:
RESOLUTION #71-10
BE IT RESOLVED by the County Commission of Brown County, SD, that the plat showing “S&S Subdivision in SW ¼ Sec 3-T123N-R64W of the 5th P.M., Brown County, SD”, having been examined is hereby approved in accordance with the provisions of SDCL of 1967, Chapter 11-3, and any amendments thereof.
Seconded by Commissioner Sutton. Roll call vote: Commissioners Hansen-aye, Elliott-aye, Sutton-aye, Wiese-aye, Fischbach-absent. Resolution adopted.
Commissioner Sutton offered the following Resolution:
RESOLUTION #72-10
BE IT RESOLVED by the County Commission of Brown County, SD, that the plat showing “Overhead Door Outlot 1 in the NW ¼ of Sec 22-T123N-R64W of the 5th P.M., Brown County, SD”, having been examined is hereby approved in accordance with the provisions of SDCL of 1967, Chapter 11-3, and any amendments thereof.
Seconded by Commissioner Elliott. Roll call vote: Commissioners Hansen-aye, Elliott-aye, Sutton-aye, Wiese-aye, Fischbach-absent. Resolution adopted.
Commissioner Elliott offered the following Resolution:
RESOLUTION #73-10
BE IT RESOLVED by the County Commission of Brown County, SD, that the plat showing “Jensen’s 1st Consolidation Subdivision in Prairiewood Village, Brown County, SD”, having been examined is hereby approved in accordance with the provisions of SDCL of 1967, Chapter 11-3, and any amendments thereof.
Seconded by Commissioner Sutton. Roll call vote: Commissioners Hansen-aye, Elliott-aye, Sutton-aye, Wiese-aye, Fischbach-absent. Resolution adopted.
Commissioner Sutton offered the following Resolution:
RESOLUTION #74-10
BE IT RESOLVED by the County Commission of Brown County, SD, that the plat showing “WEB Water Development 1st Subdivision in N ½ Sec 21-T123N-R64W of the 5th P.M., Brown County, SD”, having been examined is hereby approved in accordance with the provisions of SDCL of 1967, Chapter 11-3, and any amendments thereof.
Seconded by Commissioner Elliott. Roll call vote: Commissioners Hansen-aye, Elliott-aye, Sutton-aye, Wiese-aye, Fischbach-absent. Resolution adopted.
Commissioner Elliott offered the following Resolution:
RESOLUTION #75-10
BE IT RESOLVED by the County Commission of Brown County, SD, that the plat showing “J Gross Outlots in the NE ¼ of Sec 33-T124N-R64W of the 5th P.M., Brown County, SD”, having been examined is hereby approved in accordance with the provisions of SDCL of 1967, Chapter 11-3, and any amendments thereof.
Seconded by Commissioner Sutton. Roll call vote: Commissioners Hansen-aye, Elliott-aye, Sutton-aye, Wiese-aye, Fischbach-absent. Resolution adopted.
SPECIAL OFF-SALE PACKAGE FARM WINE LICENSE HEARING SET:
Moved by Elliott, seconded by Sutton to authorize advertising public hearing to consider application for Special Off-sale Package Farm Wine License for August 19, 20 & 21, 2010, submitted by Valiant Vineyards, Inc, 1500 W Main Street, Vermillion, SD - Brown County Fairgrounds (Wine Tent) SW ¼-Sec 1-T123N-R64W (map indicating specific tent location on file with application), to be held in the Commissioner’s Chambers, Courthouse Annex, Brown County, SD at 9:00 A.M. August 17, 2010. All members present voting aye. Motion carried.
FAIRGROUNDS PARKING LOT LIGHTING PROJECT:
Moved by Elliott, seconded by Sutton to approve and authorize the Chairman sign Payment Request #2 for the Parking Lot Lighting Project at the Fairgrounds in amount of $5,759.60. All members present voting aye. Motion carried.
APPLICATION FOR OCCUPANCY:
Moved by Sutton, seconded by Elliott to approve the following application, submitted by NorthWestern Energy for occupancy of Brown County Highway #135th Street and 392nd Ave in Sec 28,27,22 & 15-T123N-R63W, Brown County SD to install natural gas pipeline. All members present voting aye. Motion carried.
BR 172 CHANGE ORDER #1:
Moved by Sutton, seconded by Elliott to approve and authorize the Chairman sign Change Order #1 for BR 172 BRO 8007(31), PCN 6085, add stabilizer to concrete, with no change in contract amount of $709,785.75. All members present voting aye. Motion carried.
BR 229 CHANGE ORDER #1 & #2:
Moved by Elliott, seconded by Sutton to approve and authorize the Chairman sign Change Order #1 for BR 229 BRF 6426(05), PCN H069, add riprap, floating silt curtain, pit run material, mobilization, etc in amount of $187,277.80 to be added to original contract amount of $792,082.65. All members present voting aye. Motion carried.
Moved by Sutton, seconded by Elliott to approve and authorize the Chairman sign Change Order #2 for BR 229 BRF 6426(05), PCN H069, amending testing specifications, with no change in amended contract amount of $979,360.45. All members present voting aye. Motion carried.
HIGHWAY ANNUAL REPORT:
Moved by Sutton, seconded by Wiese to accept for filing the 2009 Annual Report of the Brown County Highway Department. All members present voting aye. Motion carried.
DISPATCH SYSTEM UPDATE:
Moved by Sutton, seconded by Elliott to approve quote received from SDN Communications in amount of $238,044.00 and approve expenditure for Plant Sentinel Patriot System to upgrade the E911 computer and hardware system for the Communications Center. All members present voting aye. Motion carried.
HOSPITAL CLAIMS:
Moved by Sutton, seconded by Wiese to deny payment of the following hospital claims: 22 year old male @ $19,453.72; 24 year old female @ $6,104.25 and 57 year old male @ $37,965.68, as these individuals have not provided sufficient information to determine if indigent. All members present voting aye. Motion carried.
RECESS:
The Chairman declared the Commission recessed until August 3, 2010.
Maxine Fischer, Brown County Auditor
Published once at the total approximate cost of $120.19.
AN ORDINANCE AMENDING TITLE 4, SECOND REVISION BROWN COUNTY ORDINANCES, AS AMENDED CHAPTER 4.19 FLOODPLAIN DISTRICT
BE IT ORDAINED by the Brown County Commission, Brown County, South Dakota, that Second Revision Brown County Ordinances, be amended as to Chapter 4.19 Floodplain District (FP) regarding the new flood insurance map and flood Insurance study that will become effective on September 29, 2010, as follows:
Chapter 4.19 - Floodplain District (FP)
4.1906 September 29, 2010
4.1912 September 29, 2010
To bring Title 4 into compliance with the National Flood Insurance Program and Regulations.
Notice of Hearing June 30 and July 7, 2010
First Reading: July 13, 2010
Second Reading: July 20, 2010
Adopted: July 20, 2010
Published: July 28, 2010
Effective Date: August 17, 2010
Tom Fischbach, Chairman
Brown County Commission
ATTEST:
Maxine Fischer, Brown County Auditor
Published once at an approximate cost of $13.02.
JULY 20, 2010 – GENERAL MEETING
Meeting called to order by Chairman Fischbach at 8:45 A.M. in the Commissioner’s Chambers, Courthouse Annex, Brown County, SD. Present were Commissioners Elliott, Sutton and Wiese. Commissioner Hansen was absent.
MINUTES:
Moved by Wiese, seconded by Elliott to approve the General Meeting minutes of July 13, 2010. All members present voting aye. Motion carried.
CLAIMS:
Moved by Sutton, seconded by Elliott to approve the following claims:
Payroll: Commissioners $3,149.05; Auditor $7,948.71; Treasurer $10,883.04; Data Processing $3,389.42; State’s Attorney $14,254.12; SVAWA Grant $1,269.24; Maintenance $6,083.22; Assessor $11,061.43; Register of Deeds $6,787.81; Veterans Service Office $3,225.25; GIS $1,945.93; Sheriff $75,562.06; 24/7 $1,800.26; Communications $21,327.37; Welfare Office $3,196.20; Museum $6,281.96; Parks & Fairgrounds $5,384.63; Fairboard $2,130.52; Weed $4,681.38; Extension $2,579.08; Planning and Zoning $1,876.03; Emergency Management $2,945.62; Teen Court $527.45; Highway $37,814.79; Landfill $10,889.51; Matching Benefits: FICA $14,455.88; Medicare $3,380.81:
Supplies: Red River Pedal Pull $510.00, Brown County Treasurer $1839.68, Rochele Moser $65.20, Gear Networking $954.02, CMRS-FP $5,000.00, Geffdog $180.00, Best Business $1673.82, Aberdeen Asphalt Inc $105676.77, Butler Machinery Co $5.98, Carquest $877.68, Clark Engineering Co $1052.16, Dependable Sanitation $20110.92, GCC Ready Mix $1998.00, Holland Auto Care $5.00, Serocki Excavating $129699.02, Share Corp $84.00, Tractor Supply $229.99, Webster Scale $6891.55, MC Products $189.00, New Deal Tire $24999.90, Menards $249.01, Artz Camera $204.75, DPM Petty Cash $3.68, DPM Foundation $50.00, Horticulture $39.95, Pro Ag Supply $27.25, Crescent Electric $332.10, Kone Inc $206.03, Grote Roofing $2233.01, Central Supply $578.25, Gardner Locksmithing $52.50, DT Pharmacy $545.80, Langs $80.00, Bonnie Bitz $421.00, Safety Service $460.03, Parcel Erickson $12.00, Electonic Security $980.00, Exhaust Pros $126.78, Titan Machinery $787.56, Jacobson Electric $17,028.74:
Transcriptions: Richard Neal $200.60:
Travel: City of Groton $97.31:
Professional Fees: Donna Stearns $50.00, Becky Berreth $50.00, Linda Osterloh $50.00, Jami Heinrich $50.00, Pam Erickson $50.00, Shirley Morgan $50.00, Neal Reporting $30.00, Lewis & Clark Behavioral Health Service $142.00, Kristie Erickson $30.00, West Information Center $102.85, SDAAO $1000.00:
Utilities: Alltel $2097.13, Qwest $2419.94, City of Hecla $82.80, Northern Electric Coop $1037.91, Northwestern Energy $1126.09, Verizon $79.45:
Care of Poor: Rent - 8 recipient – White House Inn $465.00, Rockford Apartments $260.00, Falcon Rentals $250.00, Raymond Sauerwein $260.00; Dr/Hospital - 10 recipients – Avera Neurology Specialists $107.81, SD Urban Indian Health $79.02, Dental Center $142.00, Richard J Conklin MD $15.89, Dakota Imaginf Prof $31.37, Surgical Institute of SD PC $137.52, Heloise D Westbrook, MD PC $542.18, Sanford Clinic $104.31, Avera St. Lukes Hospital $274.10, McGreevy Clinic Avera $726.25; Utilities - 3 recipient – NW Energy $613.29; Medication – 1 recipient – Emergency Poor Fund $35.00. All members present voting aye. Motion carried.
PERSONNEL:
Moved by Elliott, seconded by Wiese to approve the following employee step increase, effective July 18, 2010: Bobbie Bierman @ $12.66 per hour. All members present voting aye. Motion carried.
FAIRGROUNDS PARKING LOT LIGHTING PROJECT:
Moved by Sutton, seconded by Elliott to approve and authorize Chairman sign Contract with Jacobson Electric for completion of the Parking Lot Lighting Project at the Fairgrounds. All members present voting aye. Motion carried.
Moved by Elliott, seconded by Sutton to approve and authorize the Chairman sign Payment Request #1 for the Parking Lot Lighting Project at the Fairgrounds in amount of $17,028.74. All members present voting aye. Motion carried.
SET HEARING DATE:
Moved by Wiese, seconded by Sutton to set public hearing to consider Appeal of the Planning & Zoning Board decision to grant a special exception for property described as Lot 1, Catlette Subdivision in the SW ¼ of Sec 14-T124N-R64W of the 5th P.M., Brown County, SD, to be held on August 17, 2010 at 9:15 a.m. in the County Commission Chambers, 25 Market Street, Aberdeen, SD. All members present voting aye. Motion carried.
SPECIAL MALT BEVERAGE AND SPECIAL WINE LICENSE HEARING:
Moved by Sutton, seconded by Elliott to authorize advertising public hearing to consider the following Special Malt Beverage License Applications (SDCL 35-4-124(1): Aberdeen Hockey Association – Brown County Fairgrounds (Clubhouse) SW ¼-Sec 1-T123N-R64W, effective August 16, 17, 18, 19, 20, 21 & 22, 2010; Centennial Village Inc - Brown County Fairgrounds (Centennial Village) SW ¼ Sec 1-T123N-R64W, effective August 16, 17, 18, 19, 20, 21 & 22, 2010; Boys & Girls Club - Brown County Fairgrounds (Grandstand) SW ¼ Sec 1-T123N-R64W, effective August 16, 17, 18, 19, 20, 21 & 22, 2010; Special On-Sale Wine Retailers License (SDCL 35-4-124(2): Aberdeen Hockey Association – Brown County Fairgrounds (Clubhouse) SW ¼-Sec 1-T123N-R64W, effective August 16, 17, 18, 19, 20, 21 & 22, 2010, to be held in the Commission Chambers, Courthouse Annex at 9:00 A.M. on the 10th day of August, 2010. All members present voting aye. Motion carried.
AGREEMENT ADDEMDUM:
Moved by Wiese, seconded by Sutton to approve and authorize the Chairman sign 2010 Emergency Management State and Local Agreement Addendum in amount of $53,670.10 for essential county emergency management expenses, and further Brown County shall provide 50% match for all funds received. All members present voting aye. Motion carried.
POD GRANT AGREEMENT:
Moved by Elliott, seconded by Wiese to approve and authorize the Chairman sign Grant Agreement with the State of SD for federal financial assistance to develop local POD (Point of Distribution) plans, effective July 26, 2010 thru May 31, 2011 in amount of $8,500.00. All members present voting aye. Motion carried.
WELLMARK BCBS HEALTH CARE REFORM:
Moved by Sutton, seconded by Elliott to approve and authorize the Chairman sign Health Care Reform documentation for the Employee Health Insurance Plan with Wellmark Blue Cross Blue Shield. All members present voting aye. Motion carried.
LANDFILL SHOP 5 CONSTRUCTION PROJECT:
Moved by Sutton, seconded by Elliott to approve and authorize the Chairman sign Payment Request #8 (Final) in amount of $15,628.00 for the Brown County Landfill Shop 5 Construction Project. All members present voting aye. Motion carried.
WETLANDS SEEDING PROJECT AT LANDFILL:
Moved by Sutton, seconded by Wiese to approve and authorize the Chairman sign Payment Request #2 in amount of $792.34 for the Wetlands Seeding Project at the Landfill. All members present voting aye. Motion carried.
SPECIAL MALT BEVERAGE HEARING:
Moved by Sutton, seconded by Elliott to approve application for a Special Malt Beverage Retailers License (SDCL 35-4-124(1): Groton Chamber of Commerce, Groton Chamber of Commerce, PO Box 21 Groton, SD – portion of E ½ E ½ SE ¼ Sec 19-T123N-R60W 1-T123N-R64W and portion of W ½ W ½ SW ¼ Sec 20-T123N-R60W (map indicating specific location on file with application), effective July 23, 24 & 25, 2010. All members present voting aye. Motion carried.
ORD 065:
Moved by Wiese, seconded by Sutton to approve Second Reading and Adoption of Ordinance #065, An Ordinance Amending Second Revision Brown County Ordinances, as amended Title 4, Chapter 4.19 Floodplain District (FP) to amend effective date from March 18, 2008 to September 29, 2010. Roll call vote: Commissioners Hansen-absent, Elliott-aye, Sutton-aye, Wiese-aye, Fischbach-aye. Ordinance Adopted.
ROAD #6 DISCUSSION:
Al Waltman discussed the condition of County Highway #6 and inquired about time frame for patching. Jan Weismantel, Highway Superintendent assured Mr. Waltman that the department will patch Brown County 6 as soon as feasible. Mr. Waltman also questioned local interpretation of new laws in regard to productivity assessments. Dennis Feickert was also in attendance.
EXECUTIVE SESSION:
Moved by Sutton, seconded by Wiese to go into executive session to discuss possible litigation with Kim Dorsett, Jan Weismantel and Maxine Fischer in attendance. All members present voting aye. Motion carried.
The Chairman declared the executive session closed, with no action taken as a result of the discussion.
HIGHWAY UPDATE:
Jan Weismantel, Highway Superintendent and Scott Madsen, GIS Coordinator informed the Commission that assessment data maps will be made available to all townships; reviewed patching plan and will provide update maps for the Commission, presented informational update on Bridge 10 and 229.
ROAD DISCUSSION:
Bud Dennert, area resident questioned efficiency when completing patching projects, i.e. return trips and leaving dug out material in right/of/way for removal at a later date; and questioned the Beef Plant Road. Jan Weismantel will research return trips and explained that all trucks and employees are being utilized for hauling material to the sites to expedite the patching projects, rather than having one truck and driver waiting to haul dug out material from site immediately. The Commission explained that the beef plant road will only be re-constructed if the funds are allocated based upon the grant application submitted last week.
HOCKEY AGREEMENT ADDENDUM:
Moved by Sutton, seconded by Elliott to approve and authorize the Chairman sign Addendum to Lease Agreement with the Aberdeen Amateur Hockey Association dated July 9, 2010 for the Odde Ice Center, whereby Brown County shall pay a total of $237,000.00 (three annual payments of $79,000.00) in exchange for all proceeds for the booth rentals or any other profits realized during the County’s use of the facilities during the Brown County Fair not being shared with AHA. Roll call vote: Commissioners Hansen-absent, Elliott-aye, Sutton-aye, Wiese-aye, Fischbach-nay. Motion carried.
EQUIPMENT DISCUSSED:
Bill Meink, Data Processing requested approval to order computer equipment, as described in the 2010 budget in approximate total of $13,000.00. Board concurred.
BUDGET WORK SESSION:
The Commission began preliminary discussions of the 2011 budget.
RECESS:
The Chairman declared the Commission recessed until July 27, 2010.
Maxine Fischer, Brown County Auditor
Published once at an approximate cost of $98.43.
Alcoholic Beverages Hearing Notice
NOTICE OF HEARING UPON APPLICATIONS FOR SALE OF ALCOHOLIC BEVERAGES
Notice is hereby given according to SDCL 35-2-4, as amended, a Public Hearing on the following Alcoholic Beverage License Applications is set for 9:00 A.M. on the 10th day of August, 2010 in the Chambers of the Brown County Commissioners, Courthouse Annex, Brown County, South Dakota, at which time any person interested in the approval or rejection of any such application may appear and be heard.
SPECIAL MALT BEVERAGE
Aberdeen Hockey Association, P.O. Box 515, Aberdeen, S.D. 57401 – Brown County Fairgrounds (Clubhouse) SW ¼, Sec. 1, T123N, R64W (map indicating specific building on file with application). Special License effective August 16, 17, 18, 19, 20, 21 & 22, 2010
Centennial Village Inc., 621 S Main, Aberdeen, S.D. 57401 - Brown County Fairgrounds (Centennial Village) SW ¼, Sec. 1, T123N, R64W (map indicating specific building on file with application). Special License effective August 16, 17, 18, 19, 20, 21, & 22, 2010
Boys & Girls Club, 1111 1st Ave SE, Aberdeen, S.D. 57401 - Brown County Fairgrounds (Grandstand) SW ¼, Sec. 1, T123N, R64W (map indicating specific building on file with application). Special License effective August 16, 17, 18, 19, 20, 21, & 22, 2010
TEMPORARY WINE
Aberdeen Hockey Association, P.O. Box 515, Aberdeen, S.D. 57401 – Brown County Fairgrounds (Clubhouse) SW ¼, Sec. 1, T123N, R64W (map indicating specific building on file with application). Special License effective August 16, 17, 18, 19, 20, 21 & 22, 2010
ATTEST:
Maxine Fischer
Brown County Auditor
Published once at the total approximate cost of $18.97.
ORDINANCE NO. 064 - Fairground Traffic
AN ORDINANCE AMENDING TITLE 16, SECOND REVISION BROWN COUNTY ORDINANCES, AS AMENDED
BE IT ORDAINED by the Brown County Commission, Brown County, South Dakota, that Second Revision Brown County Ordinances, be amended as to Title 16, Chapter 16.02 Vehicles Prohibited on Fairgrounds, Except Designated Roadways during the Brown County Fair, as follows:
CHAPTER 16.02: VEHICLES PROHIBITED ON FAIRGROUNDS, EXCEPT DESIGNATED ROADWAYS DURING THE BROWN COUNTY FAIR
16.201: In all cases, parking lots and roadways will be under the exclusive direction of the Brown County Fair Board.
16.202: Operation of motor-driven vehicles, such as mopeds, golf carts and ATV’s are not permitted on the Fairgrounds during the Brown County Fair, which is defined as Brown County Fair Week, within the perimeter designed by the roadways of West Pit Road, North Pit Road, Bruckner Express, Fair Lane, Centennial Drive, Arena Drive, West Livestock Lane and Sheep Street, unless authorized in advance by the Brown County Fair Board.
1. Proof of insurance and a copy of a valid driver’s license must be submitted to the Brown County Fair Board in advance for approval to obtain a permit.
2. Only authorized and permitted drivers shall operate said vehicles on the grounds. All others may be subject to fines and penalties authorized herein.
16.203: All vehicles must comply with directions of the Brown County Fair Board personnel or law enforcement and obey all Brown County Fair Board regulations. Permitted vehicles must carry on their person and be able to immediately produce a permit upon being stopped or checked.
16.204: Parking is restricted to specific areas set aside by the Brown County Fair Board.
16.205: Vehicles must park in designated areas only. Vehicles may not be parked in or around the building, except for unloading and loading. Fire lanes shall be maintained at all times.
16.206 Speed limit on the Fairgrounds is 10 MPH.
16.207: Designated disabled parking areas are set aside for vehicles displaying current and valid disabled placards/licenses only.
16.208: Any person who violates this ordinance may be subject to a fine up to $1,000.00 or imprisonment in the County Jail for up to 30 days, or a combination of the two, a Class 2 Misdemeanor
Notice of Hearing: June 23 & 30, 2010
First Reading: July 6, 2010
Second Reading: July 13, 2010
Adopted: July 13, 2010
Published: July 21, 2010
Effective Date: Augst 10, 2010
Tom Fischbach, Chairman
Brown County Commission
ATTEST:
Maxine Fischer, Brown County Auditor
Published once at the total approximate cost of $29.39.
JULY 13, 2010 – GENERAL MEETING
Meeting called to order by Chairman Fischbach at 8:45 A.M. in the Commissioner’s Chambers, Courthouse Annex, Brown County, SD. Present were Commissioners Hansen, Elliott, Sutton and Wiese.
MINUTES:
Moved by Sutton, seconded by Hansen to approve the General Meeting minutes of July 6, 2010. All members present voting aye. Motion carried.
CLAIMS:
Moved by Elliott, seconded by Sutton to approve the following claims:
Supplies: Best Business $252.73, Midwest Rubber Stamp $15.00, Menards $1073.40, Office Equip $117.36, Brandon Taliaferro $14.59, Medtox $251.69, Dept of Rev $5958.11, Richards & Oliver $81.41, Dan Lingor $90.00, Matthew Bender $113.46, Taylor Laundry $53.00, Sanders Sew ‘N Vac $63.41, House of Glass $7433.45, Midstates Printing $345.05, Integrated Imaging $26.82, New Trends $227.57, SDVSOA $50.00, Polk Directory $660.00, A&A Towing $75.00, Steven Lust $124.60, Lexis Nexis $50.00, Hofers Repair $98.99, Safety Service $353.29, DSS $110.85, Dakota Electronics $1180.90, Velvet Uniforms $319.15, Parcel Erickson $35.67, Taylor Laundry $73.50, Moore Medical $289.86, Langs $68.00, TPG $328.50, Nat’l Target $139.20, Cash-Wa $5015.78, Earthgrains $516.59, Walmart $265.08, Hoven Auto $40.50, Kesslers $296.18, Duanes $56.70, Am Health & Safety $208.00, GCC Ready Mix $999.00, Farnams $267.24, Farm Power $5751.31, Dakota Oil $2337.92, Dakota Fluid Power $714.33, Crady’s Radiator Shop $785.00, Ameripride $296.63, Aberdeen Chrysler $100.43, Hagan Ins $330.00, Runnings $212.00, Praxair $65.47, Power Plan $172.19, Pheasantland Ind $198.13, Pierson Ford $1049.02, N Central Farm Elev $13,500.19, Nelson Sales $43.99, Midwest Alarm $204.00, Macs $635.83, Louie’s Service $183.61, Interstate Battery $504.75, Huron Culvert $51,979.84, Hedahls $12.62, Hanlon Bros $44,578.11, J Gross $11,015.57, Graham Tire $134.10, GCR Tire $146.56, Woodman Refrig $231.76, Cunningham Elec $1119.51, Crescent Elec $11.00, Dominik Equip $1060.00, Ace Refrig $150.96, Glas Consulting $461.25, Ken’s Superfair Foods $43.20, Advantage Self Storage $1656.00, Rowman & Littlefield Pub $33.22, Interior Design Concepts $219.75, SD Public Assurance $132.00, Dacotah Prairie Museum $1.59, US Postmaster $185.00, TSC $7.96, Ken’s Alignment $455.83, Diesel Machinery $1683.46, Brick Propane $38.50, Fire Safety First $133.56, Town & Country $134.56, Cole Papers $256.88, Aberdeen C&F $44.00, Ameripride $192.29, LBG $5240.80, Superior Jetting $3975.22, Tetra Tech $2450.00, Hase Plumbing $174.51, SD DENR $250.00, Sheehan Sales $273.28, Butler Machinery $3604.73, PC Mall Gov $431.28, Tessco $125.35, Safe Harbor $1330.00, James River Watershed Dist $2747.77, Rinse & Go Car Wash..$125.00:
Travel: Gene Loeschke $47.00, Mary Worlie $190.11, Mark Milbrandt $729.97:
Court Appointed Attorney: Gina Rogers $211.06:
Professional Fees: Nancy Schlichenmayer $165.00, Avera St Lukes $667.01, Lincoln County $217.50, Kristi Spitzer $1018.00, Language Line $90.00:
Publications: American News $538.21, Groton Indep $709.59:
Utilities: FSH $60.00, City of Aberdeen $3756.40, NW Energy $2326.80, Northern Valley $831.14, Midcontinent $48.03, James Valley $343.60, Qwest $98.08, Northern Wireless $161.90, Tel Serv $195.00, Dependable Sanitation $4443.94:
Care or Poor: Dr/Hospital - 1 recipient –Dr Gregg Van Beek $741.00; Rent - 6 recipients – Thomas Barondeau $320.00, P&H Invest $200.00, Wertman Properties $320.00, Dorian Apts $280.00, Danne Inc $505.00; Utilities -1 recipient – NW Energy $170.67. All members present voting aye. Motion carried.
PERSONNEL:
Moved by Hansen, seconded by Elliott to acknowledge resignation of Jordan Majeske from Sheriff Department, effective July 12, 2010. All members present voting aye. Motion carried.
Moved by Wiese, seconded by Sutton to approve employee status change for Justin Salo from Highway Labor Grade 3 to Labor Grade 4, effective June 27, 2010 at $13.31 per hour. All members present voting aye. Motion carried.
SVAWA GRANT AGREEMENT:
Moved by Hansen, seconded by Elliott to approve and authorize the Chairman sign Grant Agreement with the State of SD Department of Social Services for 2010-2011 funding for the Stop Violence Against Women Grant Program in total amount of $47,666.00 (State grant @ $35,750.00, County match @ $11,916.00). All members present voting aye. Motion carried.
SHERIFF REPORTS:
Moved by Sutton, seconded by Wiese to approve the following June 2010 Sheriff Reports: Incidents and offenses; Prisoner care, JDC, Money deposited with the County Treasurer and Monthly activities. All members present voting aye. Motion carried.
CLAIM ASSIGNMENT:
Moved by Wiese, seconded by Elliott to approve and authorize the Chairman sign documentation to assign a claim against an individual to L.F. Noll Inc. for purpose of collecting a lien. All members present voting aye. Motion carried.
AGRI-BUSINESS ACCESS GRANT:
Moved by Sutton, seconded by Elliott to approve and authorize the Chairman sign Application for Agri-Business Access Grant Funds for the following project location: Brown County 14W from Foote Creek to .35 Miles East of Brown County 10 in estimated amount of $1,264,632.00 (Local @ $665,852.80, DOT $758,779.20). All members present voting aye. Motion carried.
Commissioner Sutton offered the following Resolution:
RESOLUTION #64-10
RESOLUTION OF FINANCIAL COMMITMENT, RESPONSIBILITY
FOR ROAD MAINTENANCE, AND SUPPORT FOR PROJECT
WHEREAS, the County of Brown is applying for a Agri-Business Access Grant through the South Dakota Department of Transportation (SDDOT) for Brown County, and
WHEREAS, the SDDOT requires a 40 percent local match for the construction costs of a project up to a specified amount; and
WHEREAS, the SDDOT required the local government agency to be responsible for the maintenance of improved road; and
WHEREAS, Brown County is in full support of this project and grant application;
THEREFORE, BE IT RESOLVED that Brown County will provide the local match needed to supplement the SDDOT grant. This match will be 40 percent of the construction costs as shown in the grant application.
THEREFORE, BE IT ALSO RESOLVED that Brown County will be responsible for maintenance of the improved road; and
THEREFORE, BE IT ALSO RESOLVED that Brown County expresses their full support and cooperation to the road improvement project and the SDDOT ABAG application.
Dated this 13th day of July 2010.
Seconded by Commissioner Elliott. Roll call vote: Commissioners Hansen-aye, Elliott-aye, Sutton-aye, Wiese-aye, Fischbach-aye. Resolution adopted.
INDUSTRIAL ACCESS GRANT:
Moved by Hansen, seconded by Sutton to approve and authorize the Chairman sign Application for Industrial Park Access Grant Funds for the following project location: That portion of Brown County Highway 19 from the intersection of 8th Ave NE on the east edge of Aberdeen north for one mile in estimated amount of $850,804.62 (Local @ $562,304.62, DOT $400,000.00). All members present voting aye. Motion carried.
Commissioner Sutton offered the following Resolution:
RESOLUTION #65-10
RESOLUTION OF FINANCIAL COMMITMENT, RESPONSIBILITY FOR ROAD MAINTENANCE, AND SUPPORT FOR PROJECT
WHEREAS, the Brown County is applying for a Industrial Access Grant through the South Dakota Department of Transportation (SDDOT) for the Brown County, and
WHEREAS, the SDDOT requires a 40 percent local match for the construction costs of a project up to a specified amount; and
WHEREAS, the SDDOT required the local government agency to be responsible for the maintenance of improved road; and
WHEREAS, the Brown County is in full support of this project and grant application;
THEREFORE, BE IT RESOLVED that the Brown County will provide the local match needed to supplement the SDDOT grant. This match will be 40 percent of the construction costs as shown in the grant application.
THEREFORE, BE IT ALSO RESOLVED that the Brown County will be responsible for maintenance of the improved road; and
THEREFORE, BE IT ALSO RESOLVED that the Brown County expresses their full support and cooperation to the road improvement project and the SDDOT IAG application.
Dated this 13th day of July 2010.
Seconded by Commissioner Elliott. Roll call vote: Commissioners Hansen-aye, Elliott-aye, Sutton-aye, Wiese-aye, Fischbach-aye. Resolution adopted.
HOUSING & REDEVELOPMENT BOARD:
Moved by Sutton, seconded by Elliott to appoint Mike Wiese to a second five-year term ending July 9, 2015 on the Housing and Redevelopment Commission of Brown County. All members present voting aye. Motion carried.
SURPLUS PROPERTY:
Moved by Wiese, seconded by Sutton to declare one Intoximeter breath test unit SN 1211924 and declare one extrication tool surplus for donation to McPherson County; and to declare one radar unit Decal #2948 surplus for donation to Faulk County. All members present voting aye. Motion carried.
ADDENDUM FAIRGROUNDS PARKING LOT LIGHTING PROJECT:
Moved by Sutton, seconded by Elliott to approve Addendum #1 for the Fairgrounds Parking Lot Lighting Project, as follows: 1) Move four light poles to the south fence line (additional 80’); 2) Move one light pole to the east fence line (additional 30’); 3) Add footage to schematic; 4) Furnish proposal form breaking material and labor costs. All members present voting aye. Motion carried.
BID – FAIRGROUNDS PARKING LOT LIGHTING PROJECT:
Time and place, as advertised to open, read and consider bids for Fairgrounds Parking Lot Lighting Project. Moved by Sutton, seconded by Wiese to award bid, submitted by Jacobson Electric in total amount of $62,044.50 to furnish material and labor to complete the Fairgrounds Parking Lot Lighting Project (only bid received). All members present voting aye. Motion carried.
ORD 064:
Moved by Elliott, seconded by Sutton to approve Second Reading and Adoption of Ordinance #064, An Ordinance Amending Title 16, Second Revision Brown County Ordinances, as amended by adding Chapter 16.02 Vehicles Prohibited on Fairgrounds, Except Designated Roadways during the Brown County Fair. Roll call vote: Commissioners Hansen-aye, Elliott-aye, Sutton-aye, Wiese-aye, Fischbach-aye. Ordinance adopted.
EXECUTIVE SESSION:
Moved by Hansen, seconded by Sutton to go into executive session for personnel discussion with Tom Gohn and Mary Worlie in attendance. All members present voting aye. Motion carried.
The Chairman declared the executive session closed, with no action taken as a result of the discussion.
ORD 065:
Moved by Hansen, seconded by Sutton to approve First Reading of Ordinance #065, An Ordinance Amending Second Revision Brown County Ordinances, as amended Title 4, Chapter 4.19 Floodplain District (FP) to amend effective date from March 18, 2008 to September 29, 2010. All members present voting aye. Motion carried.
EXTENSION EDUCATOR POSITION:
Rosie Nold, District Extension Director explained that the SD Cooperative Extension Service has proposed hiring a 4-H Youth Development Educator to be located in Brown County and the North 1 Field Education Unit. This position would expand the programming for all youth in the North 1 Unit and particularly in the Aberdeen/Brown County area. SDSU and the SD Cooperative Extension Service will fund salary, benefits and limited training and professional development support for the proposed position, and is requesting operation and maintenance funding in the amount of $5,033 from Brown County in the 2011 Extension Budget Request. There was no action taken by the Commission at this time.
APPLICATIONS FOR OCCUPANCY:
Moved by Hansen, seconded by Elliott to approve application, submitted by Northern Electric for occupancy of Brown County Highway #11 (Larson Road) in Sec 28-T125N-R62W of 5th P.M. Brown County, SD to provide electric service. All members present voting aye. Motion carried.
Moved by Sutton, seconded by Wiese to approve application, submitted by Midcontinent Communications for occupancy of Brown County Highway #6 in Sec 19-T124N-R64W of 5th P.M. Brown County, SD to provide communication service. All members present voting aye. Motion carried.
EXECUTIVE SESSION:
Moved by Sutton, seconded by Hansen to go into executive session to discuss possible litigation with Mary Worlie and Gene Loeschke in attendance. All members present voting aye. Motion carried.
The Chairman declared the executive session closed, with no action taken as a result of the discussion.
RECESS:
The Chairman declared the Commission recessed until July 20, 2010.
Maxine Fischer – Brown County Auditor
Published once at the total approximate cost of $122.87.
JULY 6, 2010 – GENERAL MEETING
The Brown County Commission convened at 8:45 A.M. in the Commissioner’s Chambers, Courthouse Annex, Brown County, SD. Present were Commissioners Hansen, Elliott, Sutton, Wiese and Fischbach.
MINUTES:Moved by Wiese, seconded by Sutton to approve the Joint City/County Meeting minutes of June 28, 2010 and the General Meeting minutes of June 29, 2010. All members present voting aye. Motion carried.
CLAIMS:
Moved by Sutton, seconded by Wiese to approve the following claims:
Payroll: Commissioners $3,149.05; Auditor $7,911.08; Treasurer $10,883.04; Data Processing $3,389.42; State’s Attorney $14,168.92; SVAWA Grant $1,269.24; Maintenance $5,916.06; Assessor $11,061.43; Register of Deeds $6,716.69; Veterans Service Office $3,225.25; GIS $1,945.93; Sheriff $72,374.06; 24/7 $1,811.04; Coroner..$140.00; Communications $19,709.62; Welfare Office $3,196.20; Museum $6,281.96; Parks & Fairgrounds $5,579.89; Fairboard $2,185.33; Weed $4,896.99; Extension $2,579.08; Planning and Zoning $2,481.77; Emergency Management $2,945.62; Teen Court $544.58; Highway $38,330.06; Landfill $11,496.40; Matching Benefits: FICA $14,291.51; Medicare $3,342.36:
Supplies: Cartney Bearing $62.55, Woodman Refrig $115.82, Clark Engineering $1100.00, Sanders Sew ‘n Vac $1562.84, Central Supply $734.95, SOS Garage $38.00, Best Business $121.07, Swanston Equip $6500.00, State Property Mgmt$1000.00, SDDOT $8664.51, Share Corp $113.00, Northern Safety $220.55, Louie’s Service $266.64, Lien Trans $199,552.15, Huron Culvert $50,820.12, Howes Oil $18,033.80, Great Western Tire $6793.24, Crawford Trucks $5546.32, Behnke Pit $4840.25, Bakken Bldg $500.00, Aberdeen Asphalt $161,341.97, Hub City Radio $300.00, Quality Quick Print $188.89, Midwest Alarm $51.50, Nathen Cantwell $350.00, SD Magazine $279.00, Ameripride $51.64, Gaylord Bros $1050.06, Kleins $11.20, Titan $620.28, Runnings $912.01, Kesslers $83.20, Brown County $1839.68, Western Printing $289.50, Macs $106.55, Travel Leaders $4834.00, Rinse & Go Car Wash $125.00, DSG $7772.35:
Travel: Leo Lesher $157.62, Carlsen Funeral Home $210.90, Mark Wendt $29.47, Ron Feickert $468.02, Jesse Luce $314.85:
Court Appointed Attorney: Yankton County $435.50, Harmelink, Fox $103.94:
Professional Fees: Regional Health $350.00, Eide Bailly $247.50, Nelva Kooistra $15.00, Lincoln County Tres $67.50:
Publications: American News $281.34, Dakota Press $1568.42:
Utilities: Northern Valley $140.62, City of Aberdeen $935.87, Town of Frederick $32.25, Midcontinent Cable $55.00, NW Energy $14.89, Alltel $169.19, WEB $60.00:
Care of Poor: Dr/Hospital - 5 recipients – Aberdeen Surgical Assoc $41.53, Avera St Lukes $6329.58, Dental Center $154.00, Aberdeen Adv Care $168.57, Anesthesia Care $320.00; Rent - 8 recipients – Larry Dingman $162.50, Frank Snyder $300.00, Danne $254.00, Theo Huss $232.00, Park Village $191.00, Bruce Boschee $112.50, Wm Shilhanek $320.00, Lonnie Lyke $520.00; Medication – 9 recipients – Kessler Pharm $90.33, United Clinic Pharm $860.08, Walmart Pharm $245.64. All members present voting aye. Motion carried.
PERSONNEL:
Moved by Hansen, seconded by Wiese to approve the following employee step increases, effective July 11, 2010: Lisa Samson @ $12.83 per hour, Pam Sudlow @ $12.66 per hour, Sandy Green @ $13.91 per hour, Keith Baker @ $17.33 per hour, Joyce DesCamps @ $15.68 per hour, Paul Wipf @ $14.97 per hour, Tonya Walth @ $13.99 per hour, Tamara Knoll @ $13.12 per hour. All members present voting aye. Motion carried.
Moved by Wiese, seconded by Elliott to approve hiring Keith Petersen as Labor Grade #3 Highway Employee, effective July 19, 2010 at $12.73 per hour. All members present voting aye. Motion carried.
OPERATING TRANSFER:
Moved by Wiese, seconded by Sutton to approve and authorize the following operating transfer in total amount of $618,149.17, as reflected in the 2010 General Fund #101 Budget (101-911-191): $298,055.64 to E911 Fund #207-371; $89,212.09 to EM Fund #226-371, $4,000.00 to Teen Court Fund #230-371, $200,000.00 to Courthouse/Jail Fund #233-371, $26,881.44 to 24/7 Sobriety Fund #248-371. All members present voting aye. Motion carried.
AUDITORS REPORT OF ACCOUNT:
Moved by Hansen, seconded by Sutton to approve the June 2010 Auditor’s Report of Account with the County Treasurer in total amount of $13,459,606.06 (total amount of actual cash @ $2,979.10, Wells Fargo Bank @ $3,621.29, US Bank @ $233,747.46, Dacotah Bank @ $170,596.40, Petty Cash @ $1,800.00, Fund Investments @ $13,046,340.91, Outstanding Checks @ $520.90). All members present voting aye. Motion carried.
SET HEARING DATE:
Moved by Wiese, seconded by Sutton to set public hearing for Ordinance No. 10-07-01/387, An Ordinance to amend Ordinance No. 1164 to rezone the following described property from its present zoning designation of Section 710 (I-2) Unrestricted Industrial District to Section 707 (C-2) Highway Commercial District: Lot 1 WEB Water Development 1st Subdivision in the N ½ of Sec 21-T123N-R64W of the 5th P.M., Brown County, SD, to be held on July 27, 2010 at 8:45 a.m. in the County Commission Chambers, 25 Market Street, Aberdeen, SD. All members present voting aye. Motion carried.
ABATEMENT:
Moved by Wiese, seconded by Sutton to approve the following Abatement: James Valley Coop in amount of $258.56 on Lot 3 NVC West Addn (telecommunications gross receipts). All members present voting aye. Motion carried.
LEASE AGREEMENT:
Moved by Elliott, seconded by Sutton to approve and authorize the Chairman sign the following agreement: Juvenile Foresters (Ray Schmitt) for lease of the Richmond Lake Youth Camp on August 2 - 5, 2010. All members present voting aye. Motion carried.
SET HEARING DATE – SPECIAL MALT BEVERAGE LICENSE:
Moved by Sutton, seconded by Wiese to authorize advertising public hearing to consider the following application, to be held in the Brown County Commission Chambers, Courthouse Annex at 8:45 a.m. on July 20, 2010: Special Malt Beverage - effective July 23, 24 & 25, 2010 Groton Chamber of Commerce, Groton SD – Portion of E ½ E ½ SE ¼ Sec 19-T123N-R60W and portion of W ½ W ½ SW ¼ Sec 20-123N-R60W of the 5th P.M., Brown County, SD. All members present voting aye. Motion carried.
LOTTERY APPLICATION:
Moved by Elliott, seconded by Wiese to approve application, submitted by Brown County Democrats for raffle to be held on August 22, 2010. All members present voting aye. Motion carried.
DISINTERMENT PERMIT:
Moved by Wiese, seconded by Sutton to acknowledge and accept Notice of Disinterment Permit (Blumhardt) affecting Brown County from the SD Department of Health Vital Records. All members present voting aye. Motion carried.
EXPENDITURE EXPLAINED:
Derwin Kampa, Fire Chiefs Association explained that Aberdeen will host the 2011 State Fire School and the travel expenses in question were for two representatives from the Fire Chiefs Association attendance at this years school in preparation for 2011.
ORDINANCE #064:
Moved by Sutton, seconded by Elliott to approve First Reading of Brown County Ordinance No. 064, An Ordinance amending Second Revision Brown County Ordinances, Title 16, adding Chapter 16.02 Vehicles Prohibited on Fairgrounds during the Brown County Fair. All members present voting aye. Motion carried.
BRIDGE 229:
Mark Peterson, SDDOT explained a change order that will be processed in the future for the reconstruction of Bridge 229 in approximate amount of $188,000.00, due to unanticipated washout. Jan Weismantel was also in attendance.
HIGHWAY UPDATE:
Jan Weismantel, Highway Superintendent presented update on Bridge 178, patching and mowing.
FAIRGROUNDS CAMPING CONCERN:
Harry Preston, area resident expressed concerns about the collection of camping fees at the Fairgrounds and fire safety issues in the Campgrounds during the Fair. John Weig, Assistant Fairgrounds Manager explained the collection process and stated that the campgrounds were in compliance with fire codes.
RECESS:
The Chairman declared the Commission recessed until July 13, 2010.
Maxine Fischer – Brown County Auditor
Published once at the total approximate cost of $81.02.
WEB Water Rezoning Hearing Notice
NOTICE OF JOINT HEARING OF THE ABERDEEN CITY COUNCIL
AND THE BROWN COUNTY COMMISSION REGARDING
A PETITION TO REZONE CERTAIN PROPERTY
A public hearing will be held in a joint meeting of the Aberdeen City Council and the Brown County Commission on the 27th day of July, 2010, beginning at 8:45 a.m. in the Brown County Commission Chambers, 25 Market Street, to consider the Petition filed by WEB Water Development Association, to amend Ordinance No. 1164 to rezone the following described property from its present zoning designation of Section 710 (I-2) Unrestricted Industrial District and Section 707 (C-2) Highway Commercial District to Section 707 (C-2) Highway Commercial District, said property being described as follows:
Lot 1, WEB Water Development 1st Subdivision in the N ½ of Section 21, T123N, R64W of the 5th P.M., Brown County, South Dakota
The public is invited to attend the hearing and to present testimony and comments pertaining to the Petition to Amend Ordinance No. 1164 to rezone the above described property. At the conclusion of the hearing, the council and commission may adopt first reading of Ordinance #10-07-01/387 granting Petition to Amend Ordinance No. 1164 and granting the Petition to Rezone said property.
Dated this 6th day of July 2010.
ATTEST: Karl Alberts, Finance Officer
Jan Beckler, Deputy County Auditor
(0712.0719)
Published twice at the estimated cost of $29.46.
Groton Chamber Malt Beverage License Hearing
NOTICE OF HEARING FOR SPECIAL MALT BEVERAGE LICENSE
Notice is hereby given according to SDCL 35-2, a Public Hearing on the following Malt Beverage License Application is set for 8:45 AM on the 20th day of July, 2010, in the Chambers of the Brown County Commissioners, in the Courthouse Annex, Brown County, South Dakota, at which time any interested persons wishing to register complaint on their approval may appear:
Groton Chamber of Commerce, PO Box 21, Groton, S.D. – portion of E½ E ½ SE ¼ Sec 19-T123N-R60W and portion of W ½ W ½ SW ¼ Sec 20-T123N-R60W of the 5th P.M, Brown County, SD. Special License effective July 23, 24 & 25, 2010
ATTEST:___________________
Maxine Fischer, Brown County Auditor
Published once at the total approximate cost of $8.93.
JUNE 21, 2010 - JOINT CITY/COUNTY MEETING
The Brown County Commission and the Aberdeen City Council met in joint session at 5:30 P.M. in the City Council Chambers, 123 S Lincoln Street, Aberdeen, South Dakota. Present from City were Council Members Agnitsch, Bunsness, Campbell, Hodgin, Kraft, Mitchell, Rux, Slaight-Hansen and Mayor Levsen. Present from County were Commissioners Elliott, Fischbach, Wiese and Sutton. Absent Commissioner Hansen.
ORDINANCE NO. 10-06-05/386: Motion by Rux and seconded by Mitchell, to approve First Reading of Ordinance No. 10-06-05/386, an Ordinance amending Appendix A of the Municipal Code regarding Alternative Energy Systems. Motion by Bunsness, seconded by Rux, to have Section 1105.5, Subsection 7 of the Ordinance read 1.1 times, rather than 2 times. All voting aye. Motion carried. Moved by Campbell, seconded by Bunsness, to remove Section 1105.2 Subsection 2(d) from the Ordinance. All voting aye. Motion carried. Motion by Slaight-Hansen, seconded by Campbell, to change Section 1105.3, Subsection 1(e) from “8 feet” to “12 feet.” Failed by voice vote. Upon roll call vote of main motion for First Reading, all voting aye, motion carried. Moved by Sutton, seconded by Wiese to approve First Reading of Ordinance No. 10-06-05/386, an Ordinance amending Appendix A of the Municipal Code regarding Alternative Energy Systems. All members present voting aye. Motion carried.
ADJOURNMENT: Moved by Sutton, seconded by Wiese to adjourn the Brown County Commission.
Jan Beckler – Deputy Brown County Auditor
Published once at the total approximate cost of $15.74.
JUNE 22, 2010 – GENERAL MEETING
Meeting called to order by Chairman Fischbach at 8:45 A.M. in the Commissioner’s Chambers, Courthouse Annex, Brown County, SD. Present were Commissioners Hansen, Elliott, Sutton and Wiese.MINUTES: Moved by Elliott, seconded by Sutton to approve the General Meeting minutes of June 15, 2010. All members present voting aye. Motion carried.
CLAIMS: Moved by Sutton, seconded by Hansen to approve the following claims:
Payroll: Commissioners $3,149.05; Auditor $8,091.67; Elections $1,051.63; Treasurer $10,879.04; Data Processing $3,389.42; State’s Attorney $14,878.92; Stop Loss Grant-SA 1,269.24; Maintenance $5,975.10; Assessor $11,038.23; Register of Deeds $6,693.32; Veterans Service Office $3,225.25; GIS $1,945.93; Sheriff $77,443.99; 24/7 1,851.47; Communications $21,743.59; Welfare $3,196.20; Museum $6,281.96; Fair board $2,240.14; Fairgrounds & Parks $5,386.11; Extension $2,535.85; Weed $5,143.06; Planning & Zoning $1,816.49; Teen Court $469.23; E&D $2,945.62; Coroner $900.00; Highway $37,403.46; Landfill $10,804.87; Matching Benefits FICA $14,937.55; Medicare $3,493.42; Life $578.04; Dental $5,055.40; Health $75,263.33; Retirement $29,095.47
Supplies: ES&S $1688.51, West Payment Center $1655.36, Office Equip $62.50, Carquest $1592.40, Best Business $48.59, Adv Auto Parts $4.79, US Bank $5244.20, 4-H Leaders $5350.00, GeffDog $102.70, Genius Web $160.00, Time Works $79.75, Ameripride $57.36, Sherri Rawstern $35.00, Sherwin Williams $52.54, Pro Ag $322.58, Hedahls $43.38, Language Line $90.00, Rich Hansen $70.00, Aberdeen Parks & Rec $20.00, Pizza Ranch $64.36,
Transcriptions: Neal Reporting $87.40,
Travel: Cedar Shore Resort $183.90, Kendell Titze $125.01, Duane Jark $39.96, Dennis Wiedebush $17.76,
Publications: American News $2371.88, Groton Indep $305.41,
Utilities: Northern Elec $32.00, City of Hecla $100.18, Dependable Sanitation $144.50, Alltel $1992.54, NW Energy $12.13, Qwest $3910.76, Bureau of Admin $537.32, Election – Mary Lamont $165.00, Sharon Deilke $160.00, Mavis Hoffman $160.00, Geri Sillman $160.00, Jean Rahja $160.00, Kyle Moser $170.00, Mary Ann Kruase $170.00, Shirley Jahraus $160.00, Wendy Schaunaman $160.00, Ardys Gosch $160.00, Marlys Nack $160.00, Sally Hofer $165.00, Fern Preston $160.00, Donna Marmorstein $160.00, Marilee Frankenberger $165.00, Maureen Brink $165.00, Shirley Pelkofer $150.00, Bonnie Lamont $165.00, Yolonda Jahraus $165.00, Lyla Nikolas $160.00, Gary Warne $165.00, Deb Pagel $165.00, Donna Lout $160.00, Karen Mastel $160.00, Jill Hostetter $170.00, Dallas Solberg $160.00, Evangeline Miller $160.00, Joyce Gage $165.00, Helen Plumage $160.00, Mary Ann Bierman $165.00, Donna Swanhorst $160.00, Edith Wilt $150.00, Gladys Braun $165.00, Linda Siefkes $160.00, Arline Hanson $170.00, Connie Howard $172.40, Kathy Vitense $184.80, Judy Albrecht $160.00, Lila Wockenfuss $160.00, Kathy Schaunaman $202.56, Laura Adema $160.00, Pauline Schaunaman $160.00, Pauline Peterson $160.00, Eleanor Haar $160.00, Pam Larson $165.00, Marguerite Donaldson $166.11, Caroline Erdmann $160.00, Marilyn Gramlow $160.00, Pam Erickson $160.00, Shirley Morgan $160.00, Jami Heinrich $173.70, Charlean Erickson $165.00, Marion Potter $160.00, Kathy Williams $179.80, Patricia Larson $160.00, Peggy Fliehs $165.00, Glenna Remington $179.80, Darcey Lesher $165.00, Kelly Clark $187.20, Carrie Pulfrey $160.00, Becky Berreth $202.00, Linda Osterloh $165.00, Delores Widstrom $160.00, Deb Gustafson $165.00, Margaret Strand $160.00, Dianna Kopetsky $182.20,
Care of Poor Dr/Hospital - 5 recipients – Northern Plains OMS $69.00, McGreevy Clinic $260.87, North Central Heart $4034.90, Dakota Imaging $414.31, J L Gerber $1196.67,
Rent - 4 recipients – Golden West $198.00, Erickson & Assoc $260.00, Kiesz Investments $140.00, Mark Holty $122.00, Utilities – 1 recipient – NW Energy $104.91,
PERSONNEL: Moved by Sutton, seconded by Elliott to approve the following employee step increases, effective June 27, 2010: Tracy Madsen @ $13.41 per hour, Cindy Eppard @ $12.17 per hour, elony Flinn @ $15.17 per hour. All members present voting aye. Motion carried. Moved by Hansen, seconded by Sutton to approve hiring Bradley Jung as part-time JDC employee, effective July 1, 2010 at $10.78 per hour. All members present voting aye. Motion carried. Moved by Sutton, seconded by Elliott to acknowledge resignation of Reagan Flamboe, part-time JDC employee, effective June 27, 2010. All members present voting aye. Motion carried.
TOWNSHIP BOND:
Moved by Sutton, seconded by Hansen to approve the following Township Bond: Garden Prairie #26 (clerk) Todd Osterman, (treasurer) Craig Dunker. All members present voting aye. Motion carried.
PLATS: Commissioner Fischbach offered the following Resolution:
RESOLUTION #60-10 BE IT RESOLVED by the Board of County Commissioners of Brown County, SD, that the plat showing “Brosz Addition in the SE ¼ of Sec 11, T122N, R63W of the 5th P.M., Brown County, SD”, having been examined, is hereby approved in accordance with the provisions of SDCL 11-3, and any amendments thereof. Seconded by Commissioner Elliott. Roll call vote: Commissioners Hansen-aye, Elliott-aye, Sutton-aye, Wiese-aye, Fischbach-aye. Resolution adopted.
Commissioner Hansen offered the following Resolution:
RESOLUTION #61-10
BE IT RESOLVED by the Board of County Commissioners of Brown County, SD, that the plat showing “Crawford’s Outlot 1 in the SW ¼ of Sec 34, T126N, R61W of the 5th P.M., Brown County, SD”, having been examined, is hereby approved in accordance with the provisions of SDCL 11-3, and any amendments thereof. Seconded by Commissioner Sutton. Roll call vote: Commissioners Hansen-aye, Elliott-aye, Sutton-aye, Wiese-aye, Fischbach-aye. Resolution adopted.
TAX DEED SALE: Moved by Elliott, seconded by Hansen to approve and authorize the Chairman sign Quit Claim Deed to the successful bidder for the following Tax Deed property sold at public auction on June 21, 2010: Groton City: Lots 1 through 8, Block 49, WB Hayes Addition to Groton City, Brown County, South Dakota. $101.00 and furthermore authorize Chairman sign corrective Quit Claim Deed to City of Aberdeen. All members present voting aye. Motion carried.
RESTRICTED USE SITE PERMIT: Commissioner Sutton offered the following Resolution:
RESOLUTION #62-10 Restricted Use Solid Waste Disposal Facility Permit for the City of Columbia WHEREAS, the City of Columbia desires to establish a Restricted Use Rubble and Compost Disposal Facility for the purpose of Solid Waste Management; and WHEREAS, the City of Columbia has approved the establishment of the proposed facility; and WHEREAS, the establishment of this proposed facility is not in conflict with any established zoning laws or ordinances; and WHEREAS, the City of Columbia will file a solid waste application with the South Dakota Department of Environment and Natural Resources (DENR); and WHEREAS, the DENR will review the application to determine that the facility can be operated within South Dakota laws and regulations; and WHEREAS, the DENR may recommend the approval of the permit renewal with conditions adequate to safeguard the environment; and WHEREAS, the Board of Minerals and Environment will review, modify, approve or deny the permit if the tentative recommendations and/or conditions of the permit are contested by any interested party; and WHEREAS, the County Commission of Brown County is required to acknowledge application for renewal of a solid waste facility permit prior to the issuance of a solid waste permit.
NOW, IT IS THEREFORE RESOLVED, that the County Commission of Brown County hereby approves construction and operation of the proposed facility to be operated under the terms of a solid waste permit to be issued by the Board of Minerals and Environment. Approved this 22nd day of June 2010. Seconded by Commissioner Elliott. Roll call vote: Commissioners Hansen-aye, Elliott-aye, Sutton-aye, Wiese-aye, Fischbach-aye. Resolution adopted.
SET HEARING ORDINANCE NO. 065: Moved by Hansen, seconded by Wiese to set public hearing for Brown County Ordinance No. 065, An Ordinance to amend Second Revision Brown County Ordinances, Title 4 Chapter 4.19 Floodplain District (FP) to amend effective date from March 18, 2008 to September 29, 2010, to be held on July 13, 2010 at 9:15 a.m. in the Commissioners Chambers, Courthouse Annex, Brown County, SD. All members present voting aye. Motion carried.
BID-PARKING LOT LIGHTING PROJECT: Moved by Wiese, seconded by Sutton to authorize advertising public hearing to open, read and consider bids for Parking Lot Lighting Project at the Brown County Fairgrounds, to be held in the Commissioner’s Chambers, Courthouse Annex, Brown County, SD on July 13, 2010 at 8:45 a.m. All members present voting aye. Motion carried.
NADRIC 2011 BUDGET: NADRIC representative Julie Pfeifer presented statistics and program information in regard to the 2011 NADRIC Budget request.
HOSPITAL CLAIM: Moved by Sutton, seconded by Hansen to deny payment of the following hospital claim: 28 year old male @ $9,869.54 as the individual has not provided sufficient information to determine if indigent. All members present voting aye. Motion carried. LOAD LIMITS: Janell Swanson and Bob Thompson (4 Seasons Coop) met to discuss load limits on county roads. Semi drivers to be instructed to keep speeds under 40 mph if load limits are lifted in order to prevent damage to soft roads.
HIGHWAY UPDATE:
Jan Weismantel, Highway Superintendent, presented information on Tacoma Park Bridge, highway projects, and load limits.
LOAD LIMITS RELEASED: Moved by Hansen, seconded by Sutton to release load limits in Brown County effective June 22, 2010. All members present voting aye. Motion carried.
BURIED PIPE: Bill Meink informed the commission the conduit pipe buried in the north parking lot behind the jail will need to be replaced in the future.
RECESS: The Chairman declared the Commission recessed until June 29, 2010.
Jan Beckler – Deputy Brown County Auditor Published once at the total approximate cost of $92.07.
JUNE 28, 2010 - JOINT CITY/COUNTY MEETING
The Brown County Commission and the Aberdeen City Council met in joint session at 5:30 P.M. in the City Council Chambers, 123 S Lincoln Street, Aberdeen, South Dakota. Present from City were Council Members Agnitsch, Campbell, Hodgin, Kraft, Mitchell, Rux, Slaight-Hansen. Absent Mayor Levsen and Commissioner Bunsness. Present from County were Commissioners Fischbach, Wiese and Sutton. Absent Commissioner Hansen and Elliott. ORDINANCE NO. 10-06-05/386: Motion by Hodgin and seconded by Rux, to approve Second Reading and Adoption of Ordinance No. 10-06-05/386, an Ordinance amending Appendix A of the Municipal Code regarding Alternative Energy Systems. Slaight-Hansen moved, Hodgin seconded to amend motion to include Section 1105.4 Subsection 4 “parapet mount.” Hodgin moved, Rux seconded to amend the amendment to require city approval for parapet mounts in public right-of-way. All members present voting aye. Motion carried. On the amendment, all members present voting aye. Motion carried. Campbell moved, Slaight-Hansen seconded to amend Section 1105.4 subsection 2 to say: roof mounts must meet applicable building codes and manufacturing codes. All members present voting aye, motion carried. On original motion for second reading and adoption, upon roll call vote, all members present voting aye. Motion carried. Moved by Sutton, seconded by Wiese to approve Second Reading and Adoption with the above amendments of Ordinance No. 10-06-05/386, an Ordinance amending Appendix A of the Municipal Code regarding Alternative Energy Systems. All members present voting aye. Motion carried. ADJOURNMENT: Moved by Wiese, seconded by Sutton to adjourn the Brown County Commission. Jan Beckler – Deputy Brown County Auditor
Published once at the total approximate cost of $18.08.
JUNE 29, 2010 – GENERAL MEETING
Meeting called to order by Chairman Fischbach at 8:45 A.M. in the Commissioner’s Chambers, Courthouse Annex, Brown County, SD. Present were Commissioners Hansen, Sutton and Wiese.
Absent Commissioner Elliott.
MINUTES: Moved by Wiese, seconded by Sutton to approve the Joint City/County Meeting minutes of June 21, 2010 and the General Meeting minutes of June 22, 2010. All members present voting aye. Motion carried.
CLAIMS: Moved by Sutton, seconded by Hansen to approve the following claims:
Supplies: Office Equip $197.69, Brown County $935.58, Hewlett-Packard $1350.00, SDACC $16,533.87, Aberdeen Plumbing $1772.27, GCR $169.78, Sanders Sew ‘n Vac $589.11, ProBuild $4.11, Heartland Paper $607.27, Gardner Locksmith $55.50, Nelson Sales $193.87, Geffdog $86.72, Best Business $649.05, Medtox $98.75, Civic Research $149.95, West Payment Center $102.85, Exhaust Pros $26.78, Exec Mgmt Finance $1909.94, Reuer Auto $297.45, Premier Auto $115.50, Danko $144.70, Parcel Erickson $81.47, Intoximeters $1725.00, Quality Welding $73.00, North Central Farmers Elev $2863.25, Meyers Tractor $475.00, Menards $685.86, J Gross $350.00, Green Iron $285.00, Economy Propane $469.00, Diamond Mowers $273.84, Dakota Electronics $342.80, Custom Glass $315.74, Cretex $66,834.00, Dana Breske $500.00, Erica Neuharth $5.57, Ken’s Superfair Foods $4.29, Kleins $8.96, Sherwin Williams $9.16, Ralphs Bear Service $19.00, Farnams $208.49, Crawford Trucking $3.85, Evergreen Supply $28.10, Parkview Nursery $891.54, Runnings $72.48, Van Diest $2270.00, Aberdeen Fire & Rescue $1646.12, Kleins $3.86, Hub City Radio $18,090.00, Geffdog $697.60, Town & Country $138.92, Gene Carr $200.00, Jane Hommel $30.00, Farm Power $315.41,
Transcriptions: Neal Reporting $190.00,
Travel: Mary Worlie $546.66, Gene Loeschke $136.90, Scott Madsen $160.31, City of Groton $98.42, Jerome Streckfuss $28.86, David North $84.36, Pat Keatts $26.64, Dale Kurth $84.36, Darwin Bettmann $11.10, Stan Beckler $15.54, Gary Vetter $80.66, Ext Service $486.13, Troy Knecht $57.72, Roxy Hilgenberg $22.94, Chris Stucke $227.41,
Court Appointed Attorney: Christy Serr $5770.83, Christopher Dohrer $5770.83, Kuck Law Office $5520.83, Gina Rogers $5520.83,
Professional Fees: Avera St Lukes $7671.21, Abdn Adv Care $100.19, Sanford Clinic $681.08, Cathy Rehfuss $15.00, Donna Dietrich $136.14,
Publications: American News $ 712.04,
Utilities: Midcontinent Communications $577.06, Northwestern Energy $9950.38, Qwest $48.14, Verizon $79.59, Alltel $437.82, Montana Dakota $22.69,
Care of Poor Dr/Hospital - 3 recipients – Avera St Lukes $7154.82, Avera Internal Medicine $186.00, Rent - 6 recipients – Melrose $295.00, Zumbaum Property $280.00, Jeff Bertsch $280.00, Wertman Property $108.30, JD Shultis $460.00,
Insurance – 2 recipients – Dakota Lodging $457.25, 3M Co $266.99, Utilities – 1 recipient – NW Energy $260.00,
AMBULANCE AGREEMENT: Bill Winter, Fire Chief and City Manager Lynn Lander met to discuss the November 1992 Ambulance Agreement between Aberdeen City and Brown County. The commission requested quarterly reports and a review of the agreement.
JAMES RIVER WATER MGMT PLAN: Wayne Miller, Richard Wiebe, representatives from James River Water Development presented a timeline and schedule of projected projects for water management in Brown County.
HIGHWAY UPDATE: Jan Weismantel, Highway Superintendent, presented update on culverts and bridges and asked for clarification on who is allowed to operate county equipment when other county agencies utilize it. Commission concurred only qualified county employees can do so.
SPECIAL ALCOHOLIC BEVERAGE LICENSES ISSUED IN CONJUNCTION WITH SPECIAL EVENTS: Commissioner Sutton offered the following Resolution:
RESOLUTION #63-10 WHEREAS, SDCL 35-4-124, as amended in 2010 expanded the classifications of special alcoholic beverage licenses any municipality or county may issue; and WHEREAS, SDCL 35-4-125 states the governing body of the municipality or the board of county commissioners, as appropriate, shall determine the fee for special alcoholic beverage licenses defined in SDCL 35-4-124,
NOW, THEREFORE BE IT RESOLVED that the Brown County Commission establishes a fee of $50.00 for each class of license issued, as defined in SDCL 35-4-124, effective July 1, 2010. “NOW, THEREFORE BE IT FURTHER RESOLVED that pursuant to SDCL 35-4-125, that this fee shall remain in effect until such time as amended by further resolution.” Seconded by Commissioner Wiese. Roll call vote: Commissioners Hansen-aye, Elliott –absent, Sutton-aye, Wiese-aye, Fischbach-aye. Resolution adopted.
SHERIFF REPORTS: Moved by Sutton, seconded by Wiese to approve the following May 2010 Sheriff Reports: Incidents and offenses; Prisoner care, JDC, Money deposited with the County Treasurer and Monthly activities. All members present voting aye. Motion carried.
FIREWORKS PERMIT: Moved by Sutton, seconded by Wiese to approve and authorize the Chairman sign Fireworks Public Display Permit, submitted by Generation 2 Promotions, 613 8th Ave NW Suite B, Aberdeen, SD for a fireworks display to be held on July 2, 2010 on the Brown County Fairgrounds in the infield of the racetrack at the Fairgrounds. All members present voting aye. Motion carried.
LEASE AGREEMENTS: Moved by Sutton, seconded by Hansen to approve and authorize the Chairman sign the following agreements: Camp Good News for lease of the Richmond Youth Camp on August 8-13, 2010; Boy Scouts, North Star District for lease of the Richmond Youth Camp on July 23-25, 2010. All members present voting aye. Motion carried. MALT BEVERAGE
LICENSES: Moved by Wiese, seconded by Hansen to authorize Chairman sign malt beverage licenses for the following businesses: Marge Frohling, DBA The Connection; Alan Lamphere, DBA Bath Quick Stop; Generation 2 Promotions, LLC; Moccasin Creek country Club, Inc.; Dave Schumaker, DBA Elm Lake Resort; Alex & Diane Schaeffer, DBA Richmond Oasis LLC; Aberdeen Hockey Assoc, Inc. All members present voting aye. Motion carried.
OHE STIPULATIONS: Moved by Sutton, seconded by Wiese to accept the following OHE Stipulations presented by Mary Worlie, Director of Equalization: Marlene Schlenker, NW 3-123-65 100,848 to 93,532, Selzler Farms, LLC, SW 31-125-65 71,276 to 57,535; NW 31-125-65 85,761 to 75,871; SW 30-125-65 74,178 to 65,603, Janet McNally, NW 11-123-62, appeal withdrawn, Dennis Beck, S2N2 13-127-60, no change in valuation, appeal dismissed. Roll call vote: Commissioners Hansen-abstain, Elliott-absent, Sutton-aye, Wiese-aye, Fischbach-aye. Motion carried.
FLEX BENEFIT PLAN:
Moved by Hansen, seconded by Sutton, to approve Eide Bailly administrative services in the amount of $2,970.00 for Brown County flexible benefits plan effective July 1, 2010 with an additional annual fee of $500.00. All members present voting aye. Motion carried.
ABERDEEN HOCKEY ASSOCIATION: Steve Jorgenson and Duke Witte, representatives from the Aberdeen Hockey Association discussed the tentative Lease Agreement between Brown County and Aberdeen Hockey Association. Kurt Smith was also in attendance. There was no action taken at this time.
RECESS: The Chairman declared the Commission recessed until July 6, 2010.
Jan Beckler – Deputy Brown County Auditor
Published once at the total approximate cost of $69.30.
ORDINANCE NO. 10-06-05 (386)
AN ORDINANCE AMENDING APPENDIX A OF THE MUNICIPAL CODE REGARDING ALTERNATIVE ENERGY SYSTEMS
Scope.
This ordinance applies to the regulations of alternative energy systems within the City of Aberdeen, Brown County, SD, and all property falling within its zoning jurisdiction.
Purpose and Intent.
It is the goal of the City Council, as expressed in the Comprehensive Plan, to provide a sustainable quality of life for the City’s residents, making careful and effective use of available natural resources to maintain and enhance this quality of life. The City believes it is in the public interest to encourage alterative energy systems that have a positive impact in energy conservation but have limited adverse impact on the community. The City also recognizes the value of an impressionable community and how it relates to community pride and growth. In order to balance the use of alternative energy systems with the necessity to protect the public health, safety and welfare of the community, the City finds these regulations are necessary to ensure that alternative energy systems are appropriately designed, sited and installed.
Sec. 1105 Wind Energy Sources & Systems
1105.1 Definitions
The following words, terms and phrases, when used in this Section, shall have the meaning provided herein, except where the context clearly indicates otherwise:
1. Freestanding WES means a WES utilizing a turbine attached to a self-supporting monopole or lattice-style tower.
2. Operator means the person or entity making use of a WES or who is charged with the responsibility for oversight of a WES.
3. Wind Energy System (“WES”) means, a system that generates energy through the utilization of wind for the purpose of converting kinetic energy into electricity through use of a generator, and can include a nacelle, rotor, tower, box and/or turbine in any form and through any combination for these items and accessories thereto.
4. Roof-Mounted WES means a WES utilizing a turbine mounted to the roof of a structure and having a maximum rotor diameter of seven (7) feet.
5. Standard Soil Conditions means average area soil conditions not including; gravel, sand, loose rock, mud, muck, or any ground that would reasonably be expected to affect the stability and/or strength of an artificial foundation.
6. System Height means the highest point above grade, measured from the base of a WES to the tallest point of the system and shall include the systems rotor plane.
7. Tower means the portion of a WES that extends vertically from the ground and supports the WES turbine.
1105.2 Standards
1. Districts. WES, in accordance with the standards contained in this Section, shall be deemed an accessory use, permissible in all zoning districts through special exception.
2. Application for Permit. Building permit applications for a WES shall be accompanied by:
a. A scaled site plan drawing showing features of the property, including but not limited to:
i. Location and height of the WES;
ii. Property boundaries and the distance of those boundaries from the WES;
iii. Location and dimensions of any easements; and
iv. Location of overhead utility lines.
b. Stamped engineered drawings of any tower, base, footings, and/or foundation as provided by the manufacturer or otherwise.
c. Manufacturer’s certification or line drawings of the electrical components in sufficient detail to allow for a determination that the installation conforms to the National Electric Code.
1105.3 Freestanding WES
1. Design and Placement. All Freestanding WES shall:
a. Have a maximum system height not to exceed district requirements or seventy-five (75) feet in zoning districts having no height restriction.
b. Have a minimum system height of twenty-five (25) feet and no portion of the WES blade shall extend within twenty (20) feet of the ground.
c. Have a maximum power rating of one hundred (100) kW nameplate generating capacity.
d. Have no guyed wires attached to the tower or other components.
e. Have no ladder, step bolts, rungs, or other feature used for tower access to extend within twelve (12) feet of the ground. Lattice-style towers shall have a protective barrier to prevent unauthorized access to the lower twelve (12) feet of the tower.
f. Be located entirely in the rear yard.
2. Foundation. For standard soil conditions, foundations or foundation specifications developed by a WES manufacturer shall be acceptable for installations of a WES with a generating capacity of twenty (20) kW or less. All other installations shall require an engineer’s stamped site-specific soil study.
3. Number. No more than one (1) WES shall be installed on a single lot of five (5) acres or less. All other parcels will be limited to one (1) WES per five (5) acres of land area.
4. Signs. A WES operator is required to provide a single posting, not to exceed four (4) square feet, at the base of a WES prohibiting trespassing, warning of high voltage, and providing the emergency contact information for the operator.
1105.4 Roof-Mounted WES.
1. Design and Placement. All Roof-Mounted WES shall:
a. Have a maximum power rating of ten (10) kW nameplate generating capacity.
b. Be limited to the principal building for any parcel unless approved by the Board of Zoning Adjustment.
c. Be erected within the confines of the principal building’s roof and no portion of the WES shall extend beyond the edges of the roof.
d. Shall not extend to a height that exceeds applicable district requirements and shall have a system height not to exceed fifteen (15) feet.
e. Be mounted so that no portion of the WES blade extends within twenty (20) feet of the ground.
2. Host Structure. Installation of a Roof-Mounted WES shall be in conformance with the manufacturer’s specifications and applicable building codes.
3. Number. No more than one (1) WES shall be installed on a single rooftop unless approved by the Board of Zoning Adjustment and the host structure lies within a commercially zoned district or an industrial zoned district which is being used for industrial purposes.
4. Parapet-Mount. WES mounted to the top of a parapet shall be allowed as a special exception except in areas zoned R-1, R-2, R-2A, R-3, or R-5. A parapet-mounted WES may not be mounted on a common wall or party wall. Applications for a parapet-mounted WES must include plans bearing the stamp of a licensed structural engineer.
Parapet-mounted WES which would encroach into or overhang the public right-of-way must obtain an easement from the City prior to installation.
1105.5 General Provisions.
The following provisions will apply to all WES erected under the provisions of this Code:
1. Noise: have a maximum noise production rating of fifty (50) dBA and shall conform to this standard under normal operating conditions as measured at any property line. This standard shall apply uniformly to individual WES and to the combined noise production of multiple WES of a single operator.
2. Color: be a neutral tone approved by the Board of Zoning Adjustment and all surface finishing shall be non-reflective.
3. Over Speed Controls: shall be equipped with manual and automatic over speed controls to limit the blade rotation within design specifications.
4. Lighting: have no installed or accessory lighting, unless required by Federal or State regulation.
5. State, Federal and Local Regulations. In addition to the requirements listed in this Section, a WES must:
a. Comply with all Federal and State regulations.
b. Comply with all local regulations and requirements for the applicable zoning district, including, but not limited to, setback, height, noise, and nuisance requirements.
6. Notification. Prior to the installation or erection of a WES, the operator must provide evidence showing their regular electrical service provider has been informed of the customer’s intent to install an interconnected, customer-owned generator. Off-grid systems shall be exempt from this requirement.
7. Setbacks. A WES must have a minimum setback distance of one point one (1.1) times the system height from any property line, public right-of-way, electric substation, transmission line, structure, or other WES.
8. Postings. The placement of all other signs, postings, or advertisements shall be prohibited. This restriction shall not apply to manufacturer identification, unit model numbers, and similar production labels.
9. Commercial. All WES shall be limited to the purpose of on-site energy production, except that any additional energy produced above the total onsite demand may be sold to the operator’s regular electrical service provider in accordance with any agreement provided by the same or applicable legislation.
10. Abandonment. A WES that is allowed to remain in a nonfunctional or inoperative state for a period of six (6) consecutive months, and which is not brought into operation within the time specified by City officials, shall be presumed abandoned and may be declared a public nuisance subject to removal at the expense of the operator.
11. Feederlines. Any lines accompanying a WES, other than those contained within the WES tower or those attached to on-site structures by leads, shall be buried within the interior of the subject parcel.
1105.6 Standards and Certification
1. Standards. WES shall meet minimum standards such as International Electrotechnical Commission (IEC) or the American Wind Energy Association's (AWEA) Small Wind Turbine Performance and Safety Standard or other standards as determined by the Planning and Zoning Director.
2. Certification. WES shall be certified by Underwriters Laboratories, Inc. and the National Renewable Energy Laboratory, the Small Wind Certification Council or other body as determined by the Planning and Zoning Director. The City reserves the right to deny a building permit for proposed wind energy systems deemed to have inadequate certification.
Sec. 1106 Solar Energy Systems
1106.1 Definitions
The following words, terms and phrases, when used in this Section, shall have the meaning provided herein, except where the context clearly indicates otherwise:
1. Ground-Mounted Panels means freestanding solar panels mounted to the ground by use of stabilizers or similar apparatus.
2. Roof-Mounted Panels means solar panels that are mounted to the roof of a structure using brackets, stands or other apparatus.
3. Solar Energy System (“SES”) means a device, the main purpose of which is to provide for the collection, storage, distribution, conversion or use of solar energy for generation of electricity or for heating water, and can include a charge controller, inverter, panels, and batteries in any form and through any combination of these items.
1106.2 Application
1. Districts
a. Ground Mounted SES shall be deemed an accessory structure, permissible in all zoning districts.
b. Roof Mounted SES shall be permitted in all zoning districts.
2. Application for Permit. A building permit application for a SES shall be accompanied by:
a. A scaled site plan drawing showing features of the property, including but not limited to:
i. Location and dimensions of the SES;
ii. Property boundaries the distances of those boundaries;
iii. Location and dimensions of any easements; and
iv. Location of utility lines.
b. Engineer stamped drawings of the SES components, as provided by the manufacturer or otherwise.
c. Manufacturer’s certification or line drawings of the electrical components in sufficient detail to allow for a determination that the installation conforms to the National Electric Code.
1106.3 Placement and Design
1. Ground Mounting. All ground-mounted panels shall:
a. Be limited to a total system height of ten (10) feet.
b. Be limited to the rear yard.
c. Exceed no more than fifteen percent (15%) lot coverage and may not exceed the area restrictions placed on accessory structures within the subject district.
d. Be screened from view to the extent possible without reducing their efficiency. Screening may include walls, fences, or landscaping.
e. Be installed in a manner that will not exacerbate storm water runoff that may adversely affect neighboring properties.
2. Roof Mounting. All roof-mounted panels shall:
a. Comply with the maximum height requirements of the zoning district.
b. Have a system height not to exceed six (6) feet on a structure with a flat roof and a system height not to exceed three (3) feet on a structure with a sloped roof.
c. Not extend beyond the edge of the roof.
d. Not project vertically above the peak of the roof on a building with a sloped roof.
e. Be mounted with a maximum angle of sixty (60) degrees from horizontal on a flat or sloped roof.
f. Be installed only on structures having a roof capable of supporting the weight of all SES components to be mounted on the roof, plus a forty (40) pound per square foot snow load.
3. Aesthetics. SES panels shall be of a neutral color and reflection angles shall be oriented away from neighboring windows. Where necessary, screening may be required to address glare.
1106.4 General Provisions
1. Additional Requirements. In addition to the requirements listed in this Section, a SES must:
a. Comply with all Federal and State regulations.
b. Comply with all local regulations and requirements for the applicable zoning district, including, but not limited to, setback, height, and nuisance requirements.
2. Notification. Prior to the installation or erection of a SES, the operator must provide evidence showing their regular electrical service provider has been informed of the customer’s intent to install an interconnected, customer-owned SES. Off-grid systems shall be exempt from this requirement.
3. Feeder lines. Any lines accompanying a SES, other than those attached to on-site structures by leads, shall be buried within the interior of the subject parcel.
4. Commercial. All SES shall be limited to the purpose of on-site energy production, except that any additional energy produced above the total onsite demand may be sold to the operator’s regular electrical service provider in accordance with any agreement provided by the same or applicable legislation.
1106.5 Safety Standards and Certification.
1. Standards. Solar energy systems shall meet the minimum standards outlined by the International Electrotechnical Commission (IEC), the American Society of Heating, Refrigerating, and Air-conditioning Engineers (ASHRAE), International Organization for Standardization (ISO), Underwriter's Laboratory (UL), the Solar Rating and Certification Corporation (SRCC), or other national standards as determined by the Planning and Zoning Director.
2. Certification. Solar energy systems shall be certified by Underwriters Laboratories, Inc. and the National Renewable Energy Laboratory, the Solar Rating and Certification Corporation or other body as determined by the Planning and Zoning Director. The City reserves the right to deny a building permit for proposed solar energy systems deemed to have inadequate certification.
Notice of Hearing June 3, 10, and 17, 2010
Passed First Reading June 21, 2010
Passed Second Reading June 28, 2010
Final Adoption June 28, 2010
Published July 7, 2010
Effective Date July 27, 2010
CITY OF ABERDEEN /s/ Mike Levsen, Mayor; ATTEST: /s/ Karl Alberts, Finance Officer.
BROWN COUNTY /s/ Tom Fischbach, Chair, Board of Commissioners, /s/ Jan Beckler, Deputy
Auditor. Published at the approximate cost of ________.
NOTICE TO ELECTRICAL CONTRACTORS
Notice is hereby given that sealed bids will be received in the Chambers of the Brown County Board of Commissioners at the Courthouse Annex, Aberdeen, South Dakota, 57401, until 8:45 A.M. on July 13, 2010, at said time and place all bids will be publicly opened, read, and considered by the Brown County Commission for furnishing of all equipment, labor and materials as set forth and performing all work, incidental thereto for the Parking Lot Lighting Project at the Brown County Fairgrounds.
Base Bid
Primary work: Install thirteen (13) twenty four (24”) inch diameter concrete light pole bases, all necessary wire, boxes, fittings and conduit to energize the lighting in three (3) 200 amp circuits. Brown County will provide the light poles and fixtures.
1. Plans and specifications may be obtained by bidders at the office of the Fairgrounds Manager or at the office of the Brown County Auditor.
2. Bid Guarantee: Each bid must contain a certified check, cashier’s check or draft, for five percent of the amount of the bid, such check to be issued by either a state or a national bank and payable to Brown County, or in lieu thereof a bid bond for ten percent of the amount of the bid, such bond to be issued by a surety authorized to do business in South Dakota and payable to Brown County, as a guaranty that such bidder will enter into a contract with Brown County.
3. Performance Bond: Each bidder must furnish a performance bond in an amount equal to the contract price.
4. Commencement and Completion: The contractor shall commence work as soon as possible, completion date to be no later than Friday, August 6, 2010. ATTEST:
Jan Beckler, Deputy Brown County Auditor
(0705.0712)
Published twice at the appropriate cost of $36.83.
NOTICE OF HEARING OF THE
THE BROWN COUNTY COMMISSION
REGARDING AN AMENDMENT TO SECOND REVISION
BROWN COUNTY ORDINANCE, TITLE 4
A public hearing will be held by the Brown County Commission on the 13th day of July 2010 beginning at 9:15 a.m. in the Commission Chambers, Courthouse Annex, to consider an ordinance amending Second Revision Brown County Ordinances, Title 4 Chapter 4.19 Floodplain District (FP) to amend effective date from March 18, 2008 to September 29, 2010.
The public is invited to attend the hearing and to present comments and testimony regarding the amendment to Title 4 Chapter 4.19 Floodplain District (FP) to amend effective date. At the conclusion of the hearing, the Brown County Commission may adopt first reading of Brown County Ordinance No. 065.
Dated this 22nd day of June, 2010
ATTEST: Jan Becker, Deputy Brown County Auditor
(0705.0712)
Published twice at the total approximate cost of $21.42.