August 20, 2019

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


Commissioner Dozark moved and Commissioner Rasmussen seconded to approve the August 6, 2019 minutes. All members voted aye. Motion carried.


Highway Superintendent Mike Schlaffman reported several areas in the County that the roads are under water or were damaged with the excessive rainfall in early August. 254th Street has two 8’ culverts that will need to be replaced as one of them was pushed up out of place in the heavy rainfall August 2, 2019. Has at least a dozen smaller pipe that need to be replaced that are either plugged or rusted out and water is being restricted. Red Lake is out of its banks and roads on the north and south side are under water and are closed.


Commissioner Carson moved and Commissioner Dozark seconded to offer a position to Christian Schmidt at the Highway Department. All members voted aye. Motion carried.


Commissioner Carson moved and Commissioner Rasmussen seconded to sign the Local Emergency Management Performance Grant (formerly State and Local Agreement) for the Emergency Management Office, a grant that provides financial support to counties Emergency Management programs.


Notice of the auction to rent County real estate was published with the auction date being set for 10:00 am August 20, 2019 at the Courthouse.

A public auction was held for the rental of County real estate at 10:00 am, with the results as follows:

Approximately 80 acres in E½ of NW¼ of Section 16-T101-R66 of Aurora County to Mike Wojciechowski, $30.00/acre.

NW¼ of Section 17-T105-R68 (160 acres) to Marvin Kroupa at $30.00/acre.

Approximately 93 acres in the SW ¼ of Section 34-T104-R70 to R & J Cattle Company at $85.00/acre.

The term and period of the lease of the above listed real estate is three (3) years commencing March 1, 2020. The first year’s rent is payable August 20, 2019. Subsequent rent will be due on or before January 15th of the rental year 2021 and 2022. On motion duly made by Dozark, seconded by Mairose, all voting aye, the leases were approved for the 80 acres in Aurora County and the NW1/4 of Section 17 T105 R 68 and denied the bid for the 93 acres in the SW ¼ of Section 34 T 104-R70 as it did not meet the minimum bid.


A drainage hearing was held at 10:30 am August 20, 2019. Present at the hearing were the following: Tina and Lee DeHaai, Ron Gillen, Engineer from Brosz Engineering, Terry Wingert, Cody and Steve Turgeon, James and Kerri Swenson, Jess and Nate Neilan.

Tina and Lee DeHaai approached the Drainage Board in May, 2019 to put in a culvert in an approach to their son’s property located at 34545 245th Street, Chamberlain, SD as the approach is blocking water and the water is covering the electrical box in the ditch and backing up onto Terry Wingert’s property. An inspection was done of the area by the Drainage Official and discussed with the Deputy States Attorney and Commissioners.

Further research revealed that in October 2011 the same issue had been discussed:

Rolly Speckels of 34545 245th Street, Chamberlain, SD, had submitted an application for a drainage permit to allow a culvert he had installed without County permission, to drain water in the ditch in front of his residence. The Commissioners had inspected the site on September 27th 2011. The Commission determined initially that the culvert should not have been installed without permission and that it should be plugged. The Commission then determined that based upon the evidence and inspection that they were unable to determine if a slough to the south of 245th Street would ever drain into the ditch and through the Speckels’ culvert and ultimately onto an objecting downstream landowner. Commissioner Carson moved and Commissioner Nesladek seconded to have the culvert plugged within one week, and that the culvert can be unplugged if Speckels , at his expense, provides a statement from a certified engineer or other water drainage expert that opening of the culvert will have negligible negative effect upon the objecting downstream landowner and that water from the slough in question will not flow through the Speckels’ culvert. All members voted aye. Motion carried.

The statement from a certified engineer was never produced so the culvert was removed from the approach.

On May 16, 2019 the Drainage Official advised Tina DeHaai that the County wanted an engineer to inspect the area and advise which way the water would/should flow before a culvert would be approved.

On August 9, 2019 Ron Gillen, Brosz Engineering Inc presented a letter to Tina DeHaai advising that the water should flow east from the DeHaai property to a large wetland aea on the south side of 245th Street and that the amount of water contained in the ditches is insignificant in relation to the entire drainage area and recommended an 18” culvert be placed in the approach.

At the hearing Tina and Lee DeHaai advised that the pooled water in the ditch has no effect on their property but the electrical box is under water and the water is backing up onto the neighbor’s property (Terry Wingert) and running south to the wetland through his yard and under his mobile home. Wingert also advised that he wanted something done to eliminate the water in his yard.

Ron Gillen, Brosz Engineering Inc advised that the area that DeHaai’s and Wingert wish to drain amount to about 3 acres versus the 640 acres to the north of 245th that also flows through the culvert under 245th Street towards the wetland area south of Nielan’s residence.

Nielan’s opposed the culvert placement as they feel that they cannot take on anymore water as there is water all around their residence and are worried anymore water draining to them would be harmful to them.

Highway Superintendent Michael Schlaffman advised that all approaches should have a culvert placed in them no matter what and that he would recommend a 15” pipe that is the same size as the other culverts in that area.

Commissioner Rasmussen moved and Commissioner Carson seconded to approve the installation of a 15” culvert in the approach at 34545 245th St, Chamberlain, SD and to allow pumping of the ditch over the approach to the east prior to the installation to eliminate a large amount of water when approach opened up to install the culvert. All members voted aye. Motion carried.

Discussion was also held on trying to gain permission to get the wetland to drain to the south to alleviate some of the flooding issues in this area also. Tina DeHaai, Brule – Buffalo Conservation District advised that if the County would write letters to the landowners in the wetland area advising that the drainage of the wetland is because of Human Health and Hazard Issues the situation would be a high priority to relieve the situation. Commissioner Rasmussen moved and Commissioner Mairose seconded to write the letter to the landowners. All members voted aye. Motion carried.


Work continued on 2020 budgets.


Commissioner Mairose moved and Commissioner Dozark seconded to enter executive session at 9:44 am to discuss legal and personnel issues. Executive session declared over at 9:57 am. No action taken.


The following reports were received and placed on file in the County Auditor’s office: ROCS Thank You, SCWDD Agenda 8-13-19, Minutes 7-9-19; NACO Prescription Drug Program; District III Notice of Meeting, Agenda/Minutes; 2019 Proposed Resolutions & Policy Statements.


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


Salaries Commissioners, 1521.80; Auditor, 2918.09; Treasurer, 3097.98; States Attorney, 2907.38; Assessor, 3257.19; Planning Commission, 187.79; Register of Deeds, 2879.70; Veteran Service Officer, 485.66; Sheriff, 10,082.95; Jail, 7340.74; Courthouse, 1237.60, Extension, 565.78. FICA & Medicare: First Dakota Bank, 2855.63. Retirement: SDRS, 2021.20. Insurance Reimbursement: 2930.29. Insurance: Lifestyle Health Insurance, 7203.48. Alexander, Laura, 266.34; Avera Medical Group University, 2000.00; Bales, Marie, 208.00; Bob Barker, 251.56; Burke Oil Company, 1759.97; Byre Brothers Inc, 144.00; C & B Operations, 21.62; Central Dakota Times, 279.29; Central Electric Cooperative, 115.00; Certified Languages Interpreters, 29.70; Chamberlain Wholesale, 249.30; Cozine Electric Inc, 139.23; Davison County Sheriff’s Office, 95.00; Engel, Tory, 75.00; Hartman, Steve, 55.88; Healy, Brandy, 55.88; Hopkins Plumbing, Heating & Air Conditioning, 185.10; Howe, Dale, 65.12; Hughes County, 4720.00; Johnson Pochop Law Office, 7674.00; Kimball City, 22.85; Lakeview Sinclair, 57.26; Lewis Drug, Inc, 492.64; Lucille M Halverson, 292.90; Medova Healthcare, 24.98; Meeker County Sheriff’s Office, 70.00; Microfilm Imaging Systems, 404.00; Midstate Communications, 1046.02; Odens, Alice, 50.84; Olson’s Pest Tech Inc, 80.00; Papendick, Douglas, 2069.50; Peterson, Stephanie, 50.84; Petty Cash, 213.01; Quill Corporation, 14.97; Reliance Telephone Inc, 350.00; Ruggieri, Gina, 3265.50; Sanford Health Network, 959.07; Schumacher Elevator Company, 195.36; Servall Uniform/Linen Company, 47.85; Sinclair, Kraig, 75.20; SD Department of Revenue, 350.00; Team Laboratory Chemical, 78.50; Van Guard Appraisals, 700.00; Variety Plus, 49.68; Verizon Wireless, 69.22; West Group, 1661.40; William’s Music & Office Equipment, 100.00; Willrodt Motor Company, 939.25; Winner Health Mart Pharmacy, 72.65; Winner Police Department, 1674.00.


Salaries: 11,091.76. FICA & Medicare: First Dakota Bank, 847.93. Retirement: SDRS, 642.30. Insurance Reimbursement: 266.39. Insurance: 3750.00. A & R Truck Equipment Inc, 82.18; Aurora Brule Rural Water, 28.00; Burke Oil Company, 2,220.69; Central Dakota Times, 122.20; Central Electric Cooperative, 93.00; Kaleb’s Service, 157.56; Kimball City, 42.64; Lucille M. Halverson, 35.73; Midstate Communications, 137.16; RDO Equipment Company, 737.11; Scott Supply Company, 993.12; Team Laboratory Chemical, 6325.00;+ Verizon Wireless, 69.22.


Century Link, 877.11; Midstate Communications, 255.97.

24/7 FUND

Salaries: 543.78. FICA & Medicare: First Dakota Bank, 40.00. Retirement: SDRS, 38.43.


Salaries 555.80. FICA & Medicare: First Dakota Bank, 51.24. Retirement: SDRS, 33.35. Insurance Reimbursement: 266.39. Midstate Communications, 71.68.


Midstate Communications, 235.00.


Chamberlain Fire Department, 18,562.20; Kimball Fire Department, 10,563.85.


Commissioner Rasmussen moved and Commissioner Mairose seconded to adjourn at 12:10 pm with the next meeting being held on 9-3-2019 at 9:30 am. All members voted aye. Motion carried.


PAMELA PETRAK                    

JAMES NESLADEK                      



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