August 7, 2018

The Board of Brule County Commissioners met in regular session at 9:30 a.m. at the Brule County Courthouse. Members present: Carson, Nesladek, Reinesch, Rasmussen and Dozark,. Also present: Deputy States Attorney David Larson, Brooke DeHaai, Chamberlain/Oacoma Sun, and Janet Petrak, Central Dakota Times.


Commissioner Reinesch moved and Commissioner Carson seconded to approve the July 17, 2018 minutes. All members voted aye. Motion carried.


Toby Morris met with the Board regarding the conditional use application for Iron Horse Development. Morris gave an update on the conditions to be met before the application could be considered for approval or denial. Morris advised the training has been completed, hazardous material plan has been approved, the equipment list is completed and will be purchased if the application is approved. The fence (barrier) between I90 and the rail cars is designed and will be erected if the application is approved. The Board asked for an access road around the perimeter for emergency personnel. The conditional use permit will be considered on the 9-4-2018 meeting at 10:30 am.


Superintendent Mike Schlaffman met with the Board regarding his budget. Schlaffman also advised the oil from Flint Hills (low bidder in 2018) for chip sealing is creating numerous problems with causing overtime and extra wear and tear on his machines. Schlaffman advised the oil is dirty, has small chunks of something in the oil and plugs up the nozzles on our truck, the oil has come in cold and canít be taken off the trucks until heated up, some of the oil is like a sludge not oil. Flint Hills and the delivery truck drivers have been made aware of this. Photos and documentation of this this is on file.


Work continued on the 2019 budget. States Attorney David Natvig and Sheriff Miller appeared to discuss their office budgets.


At 10:35 am Chairman Rasmussen reconvened the Board of Adjustment regarding the swine production facility conditional use application. Rasmussen advised that the odor footprint requested was delivered on 7-9-18, a petition with added signatures from Plummer Township, SD Sales and Use Tax report from Curt Geveshausen and an update on draglines used in Grant County delivered on 7-16-18. A revised State Application was delivered on 7-26-2018 to the Assessorís office. All were on file for inspection in the Auditorís Office. Rasmussen also defined what one animal unit consists of in regards to hogs (2.7 sows = one unit; 10 nursery pigs = one unit and 2.13 production swine = 1 unit). Foundation Farms application would result in 3010 animal units, a Class A permit.

The Board then reviewed the key points regarding the conditional use permit: the plans provide for adequate ingress and egress to property, well maintained sites; adequate off right of way parking and loading areas; and adequate refuse and service areas. Utilities: wells will be drilled and used for water supply; Pipestone was asked if they had applied for a permit to drill the wells and they replied no, not until the permit was issued; electrical will be 3 phase power coming in from the south from the Gavilon Grain area. Pipestone was asked if easements were obtained and they again advised no not until the permit was issued; no rural water will be used for the facility (Aurora Brule Water System advised they cannot provide water). Screening and buffering was discussed Ė Carson advised that trees meet the guidelines however he would like to see them plant larger trees to help with the buffering sooner than later. Pipestone agreed the facility is a 40 year investment and it would be close to 15-20 years before small trees would help with the buffering. Rasmussen advised he would like to see bio-filters used also to help with the odor. Signs were not an issue as no signs other than the contact information and identification purposes will be erected in front of the facility. Per the zoning manual a 660í set back is required for each change of land ownership, the west and south side currently will meet this requirement, Rasmussen did not believe the setbacks could be met. Pipestone was asked if they could comply with the setbacks and they advised Greg Kroupa owns the whole quarter so they would just purchase the whole quarter.

General compatibility with adjacent properties: it is an Ag production facility in an Ag area; will provide jobs and expand tax base of the County.

Additional questions were asked regarding the manure management plan, the nutrient management plan, the odor footprint conducted by SDSU and Aurora County acres for manure application. Pipestone advised they have applied for a conditional use permit for Aurora County acres but have had no decision yet. The Board also advised if draglines are used in the right of way the adjacent landowners need to give permission and if hauling manure, haul road agreements need to be made with either the township or County.

Commissioner Reinesch moved to grant the conditional use with conditions, Reece Almond, Attorney from Davenport Evans raised an objection, as the plan has changed the Planning and Zoning Board needs to reconsider the new application, moved to disqualify Chairman Rasmussen to vote on this issue, due to ex parte contacts. Chairman Rasmussen ruled to refer the new application back to the Planning and Zoning Board. Commissioner Carson moved and Commissioner Dozark seconded to adjourn the Board of Adjustment at 11:55 am and reconvene as the Board of County Commissioners. All members voted aye. Motion carried.


One bid was submitted for Lot Twenty Four (24) Ex S 10í of Block Forty Five (45) Third Addition to the City of Chamberlain by Jim Wilkens for $2,025. Commissioner Nesladek moved and Commissioner Reinesch seconded to accept the bid for the lot. All members voted aye. Motion carried.


Commissioner Carson moved and Commissioner Nesladek seconded to hire Ronnie Larson part time at $15.00/hour. All members voted aye. Motion carried. Commissioner Carson moved and Commissioner Reinesch seconded to hire Duane Rooks Jr as a jailer, effective 7-1-2018 at $13.24/hour (.50 less during the probationary period). All members voted aye. Motion carried.


Commissioner Dozark moved and Commissioner Nesladek seconded to approve travel request and office closure for Veteran Service Officer Ron Falor to attend annual training in Pierre, August 20 Ė 24, 2018. All members voted aye.


Commissioner Nesladek moved and Commissioner Reinesch seconded to enter executive session to discuss personnel at 9:27 am. Executive session declared over at 9:42 am.


The Auditorís Account with the Treasurer showed a 7-31-18 balance of $5,286,508.96 in all state, county, civil, school & trust funds.


The Register of Deeds Statement of Fees showed a collection of $4,182.25 for July, 2018.


The following reports were received and placed on file in the County Auditorís office: Auditors Account with the Treasurer, Trial Balance Sheet, Register of Deeds Statement of Fees and Pheasantland Industries Newsletter.


Commissioner Dozark moved and Commissioner Nesladek seconded to approve the following payroll and claims. All members voted aye. Motion carried.


Salaries: Commissioners, 3043.60; Auditor, 5644.00 Treasurer, 6025.84; States Attorney, 5652.64; Assessor, 6650.36; Planning Commission, 623.87; Register of Deeds, 5973.08; Veteran Service Officer, 943.04; Sheriff, 16,480.27; Jail, 15,781.20; Courthouse, 2394.45, Extension, 725.84. FICA & Medicare: First Dakota Bank, 5512.91. Retirement: SDRS, 4243.90. Insurance Reimbursement: 4124.48. Insurance: Medova Health Insurance, 8151.69. American Creek Campground, 160.00; Andera, Karen, 54.20; Avera Occupational Medicine, 67.00; Avera Medical Group University, 3500.00; Bales, Marie, 234.00; Beckmanís Welding & Repair, 10.00; Bomgaars Supply, 73.29; Brainard, Mary, 71.00; Capital Reporting Service, 18.00; Carson, Brad, 50.84; Central Dakota Times, 178.42; Central Electric Cooperative, 109.00; Chamberlain True Value, 20.99; Chamberlain Wholesale, 203.20; Dakotabilities, 180.00; Dept of Public Safety, 2340.00; First Dakota Bank, 94.72; Gerard, John, 66.80; Graham Tire Company, 733.64; Hand County Treasurer, 68.50; Hickey Heating, 1306.72; Hickey Funeral Home, 765.00; Hieb, Judith, 54.20; Hope Psychological Services, 125.00; Horn Law Office, 211.80; ICS Jail Supplies Inc, 64.00; Katterhagen, Mark, 7.50; Kotilinek, Lanette, 500.00; Kroupa, Marvin, 68.48; Lewno, Lucy, 222.97; Lockwood, Darcy, 7.50; Maule, Theresa, 5015.76; Midstate Communications, 825.10; Miller, Darrell, 2583.00; National Appraisal Guides, 225.00; Natvig, David , 2083.33; Nesladek, James, 15.96; Northwestern Energy, 3735.44 Office Products Center, 546.84; Petty Cash, 216.95; Reliance Telephone Inc, 300.00; Ruggieri, Gina, 1338.70; Sanford Health Network, 2250.00; Schelle, Teresa, 52.52; SD Association of County Commissioners, 3536.00; Steve Smith Law Office, 244.90; The Lodge at Deadwood, 192.00; Town of Pukwana, 77.78; Vanderwerff, Jessica, 54.20; Variety Plus, 54.97; Verizon Wireless, 33.93; Walsh, Kriston, 77.72; Wells Fargo, 53.70; West Group, 1127.64; Yankton County, 237.50;Yankton County Sheriffís Office, 50.00; Zuercher Technologies, 6655.80.


Salaries: 24,070.54. FICA & Medicare: First Dakota Bank, 1870.55. Retirement: SDRS, 1229.99. Insurance Reimbursement: 511.48. Insurance: Medova Health Insurance, 3600.00. Bomgaars Supply, 156.72; Kimball City, 38.35; Lyle Signs, 1370.00; Northwestern, 186.24; Pheasantland Industries, 66.97; SD Association of County Commissioners, 185.00; The Lodge at Deadwood, 444.00; Verizon Wireless, 33.93.

911 FUND

Century Link, 994.14; Midstate Communications, 229.72.

24/7 FUND

Salaries: 702.64. FICA & Medicare: First Dakota Bank, 52.52. Retirement: SDRS, 14.54. Insurance: Medova Health Insurance, 60.00. Attorney Generalís Office, 433.00; Petty Cash, 66.00.


Salaries: 1,079.40. FICA & Medicare: First Dakota Bank, 110.04. Retirement: SDRS, 64.76. Insurance Reimbursement: 511.48. Midstate Communications, 65.20; Office Products Center, 79.96.


SD Association of County Commissioners, 136.00.


B & L Communications, 35.00; Chamberlain Food Center, 94.20; Petty Cash, 50.00.


Commissioner Carson moved and Commissioner Nesladek seconded to adjourn at 12:02 pm with the next meeting being held on 8-21-2018 at 9:30 am. All members voted aye. Motion carried.



PAMELA PETRAK                    

RICHARD RASMUSSEN                         

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