October 16, 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, Rita Raish, Chamberlain/Oacoma Sun, Janet Petrak, Central Dakota Times and Greg Mairose, future commissioner.



Commissioner Carson moved and Commissioner Dozark seconded to approve the October 2, 2018 minutes. All members voted aye. Motion carried.



Commissioner Carson moved and Commissioner Reinesch seconded to enter Board of Adjustment for a conditional use hearing at 10:00 am for James and Kerri Swenson, located at Lot B of LJ Ranch 1st Addition in the E ½ of Section 17 T 104 N R 69 W. Swensons want to use a barn as an event site. In attendance: James, Kerri, Kerigan and Madison Swenson, Bruce and Carol Lake, Sharman Swanson, Clint Soulek, Planning & Zoning Administrator and Greg Mairose. Roll call of Board of Adjustment members: Present – Gary Dozark, Brad Carson, James Nesladek, Donald Reinesch and Rich Rasmussen. Absent – none. Rasmussen opened the hearing and advised the Planning and Zoning Board recommended approval with conditions, under Section 509 of the Planning & Zoning Ordinance. The public hearing portion of the meeting allowed the proponents and opponents 5 minutes each to talk on their points. A question and answer period was held with both sides able to ask questions. Public hearing portion was closed and the Board of Adjustment then held their discussion. Commissioner Rasmussen asked Clint Soulek, Planning & Zoning Administrator if all notifications had been met. Soulek advised yes. The Board of Adjustment then went through the regulations regarding issuing a conditional use permit (Section 1705, #6).


A: Ingress and Egress to property and proposed structures;



B: Off right of way parking and loading areas where required, with particular attention to the items of A and the economic, noise, glare or odor effects of the conditional use on adjoining properties and properties generally in the district;



C: Refuse and service areas with particular reference to the items in A and B;



D: Utilities (location, availability,compatibility)

Electrical – yes, water – yes, sewer - to be determined


E: Screening and buffering (type, dimensions & character)

Mature tree belt (7 rows) plus a 4 acre lot between nearest neighbor and barn which will not be utilized during events. Nearest neighbor is 200 yards from north edge of property and the barn is located at least 500 feet from the lot line in the opposite direction


F: Signs if any and proposed exterior lighting (glare, traffic safety, economic effect, compatibility)

No blinking or neon signs planned, possibly an engraved rock or a sign along or in the fenceline

Exterior lighting on the barn or yard lights


G: Required yards and other open spaces;

Setbacks and yardages met


H: General compatibility with adjacent properties and other property in the district, won’t affect the public interest;

Facility is a fair weather event center, no heat or air conditioning, will have bathrooms and small area for food prep, Board of Adjustment is treating this center along the same lines as a hunting lodge.


Commissioner Carson moved and Commissioner Reinesch seconded to approve the conditional use with the following conditions:

  1. Music to end at midnight, and premises vacated within 2 hours after event except for individuals renting the house

  2. Onsite manager during event to monitor all conditions are met

  3. No open fires

  4. Notify Bruce and Carol Lake one week or more before an event will be held. in writing

  5. 4 acre buffer fenced or not assessable for parking during events

  6. Security – trained and/or off duty law enforcement provided during events

  7. No camping

  8. No parking on County road

  9. Adequate lighting for normal farmyard use

  10. Septic system or adequate porta pottys

  11. House can only be used during an event

    Roll call vote: Dozark – no; Carson – yes; Nesladek – yes; Rasmussen – yes; Reinesch – yes. Motion carried. Commissioner Nesladek moved and Commissioner Reinesch seconded to adjourn the Board of Adjustment at 11:21 am and return to the Commissioners Meeting. All members voted aye. Motion carried.


    Deputy States Attorney Larson advised an appeal can be made within 30 days from the approval/denial date of the conditional use.



Commissioner Reinesch moved and Commissioner Nesladek seconded to accept Register of Deeds Elaine Reimer resignation, effective 1-4-2019 and to approve advertising for the Deputy position with an approximate start date of 12-17-18 for training purposes. All members voted aye. Motion carried.

Commissioner Reinesch moved and Commissioner Nesladek seconded to hire Matt Bilben as a Deputy Sheriff effective 10-21-2018 at $16.26/hour ($1.50 over starting wage due to experience and certification), $15.76 during the 3 month probationary period. All members voted aye. Motion carried.



Commissioner Carson moved and Commissioner Dozark seconded to sign a contract with Department of Health. Department of Health will share an office on the 2nd floor of the Courthouse with the States Attorney personnel. Department of Health will use the office on Mondays and Thursdays 9:30 am to 3:30 pm so as not to interfere with Court on Tuesday and Wednesday. All members voted aye. Motion carried.



Commissioner Carson moved and Commissioner Dozark seconded to approve the following plat: A plat of Jensen Outlots 9 and 10 in the N ½ of NE ¼ of Section 25, T 104 N R 71W of Brule County, SD. Steve Fox advised Outlot 9 is less than 10 acres, however, the acreage cannot be increased as all the other Outlots were previously platted and the individual purchasing Outlot 9 owns the surrounding lots. Commissioner Carson moved and Commissioner Dozark seconded to approve the plat considering the lots surrounding Outlot 9 are under one ownership and when combined will exceed the 10 acres. All members voted aye. Motion carried.



Auditor Petrak asked the Board to approve the ordering and installation of computers originally budgeted for 2019 in November or December of 2018. Tech Solutions advised they would be acceptable to this proposal and payment could be delayed until January, 2019. A purchase agreement in the amount of $83,442.24 was received from Tech Solutions. Commissioner Carson moved and Commissioner Dozark seconded to sign the agreement with Tech Solutions. All members voted aye. Motion carried.



Commissioner Nesladek moved and Commissioner Carson seconded to move the regular commissioners meeting date of November 6, 2018 to November 8, 2018 due to General Election. All members voted aye. Motion carried.



Commissioner Dozark moved and Commissioner Nesladek seconded to distribute $1000.00 to Brule County Historical Society, SD Hall of Fame and Tractor Museum as budgeted. All members voted aye. Motion carried.



Commissioner Dozark moved and Commissioner Reinesch seconded to enter executive session at 9:32 am to discuss personnel issues. Executive session declared over at 9:44 am.



The following reports were received and placed on file in the County Auditor’s office: Civil Air Patrol Newsletter, SCWDD Agenda 10-9-18 and Minutes 9-11-18, DENR, District III and STP Additional Funds.



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



Salaries: Commissioners, 1521.80; Auditor, 2823.02; Treasurer, 3012.68; States Attorney, 2826.32; Assessor, 3324.93; Planning Commission, 311.91; Register of Deeds, 2973.42; Veteran Service Officer, 471.52; Sheriff, 8573.88; Jail, 7586.32; Courthouse, 1197.60, Extension, 362.77; Weed & Pest, 935.18. FICA & Medicare: First Dakota Bank, 2773.41. Retirement: SDRS, 2155.95. Insurance Reimbursement: 2078.56. Insurance: Medova Health Insurance, 7815.17. Allen, Michael, 11.68; Anderson, David, 101.68; Bailey, Ralph, 116.80; Bales, Marie, 197.60; Bentco Safety Education, 160.00; Burke Oil Company, 1434.88; Byre Brothers Inc, 728.17; C & B Operations, 15.36; CBS, 31,123.52; Central Dakota Times, 325.12; Central Electric Cooperative, 97.00; Chamberlain Wholesale, 75.60; Cooley, Dwayne,160.48; Dakotabilities, 180.00; Dunn, John, 10.84; Eimers, Cory, 20.08; Falor, Ron, 172.90; Fink, Teresa, 14.20; Galpin, Matthew, 140.32; Graves, James, 18.40; Ground Effects, 250.00; Handel, Tammy, 10.84; Herbst, Jerry, 166.22; Hickey, Terence, 11.68; Hieb, Diane, 101.68; Hieb, Karen, 11.68; Hope Psychological Services, 375.00; Hyland, Daniel, 101.68; ICS Jail Supplies Inc, 183.43; Jones, Charles, 30.16; Jones, John B., 100.00; Kercher, Tammy, 10.00; Knippling, Sandra, 15.88; Konechne, Gary, 165.52; Konechne, Nichol, 14.20; Kunzweiler, Marina, 12.52; Lewis Drug Inc, 114.45; Lucille M. Halverson, 358.82; Mairose, Mabel, 145.36; Maule, Theresa, 2263.72; Mayclin, Timothy, 31.00; McLeod’s Printing, 170.00; McManus, Charles, 10.84; Medova Healthcare, 25.00; Microfilm Imaging Systems, 379.00; Midstate Communications, 875.01; National Sheriff’s Association, 54.00; Nehring, Kathron, 10.84; Nies, Debra, 10.00; Nelson, Jeffrey, 136.96; Office Products Center, 25.69; Palmer, Rick, 16.72; Priebe, Linda, 14.20; Ratermann, Scott, 101.68; Reliance Telephone, 350.00; Ruggieri, Gina, 498.20; Sanford Health Network, 1050.54; Schaefer, Dean, 33.00; Schreiber Law Firm, 608.25; Schumacher Elevator Company, 189.16; Servall Uniform/Linen Company, 45.56; Shopko Stores, 125.39; Soulek, Jaelee, 11.68; SD Associaton of County Commissioners, 2796.00; SDSU Extension, 667.57; South Plains Behavioral, 464.16; Steve Smith Law Office, 1473.40; Swanson, Emiel, 121.84; Swanson, Rebecca, 22.60; Swier Law Firm LLC, 1642.40; Tech Solutions, 62.50; Thomas, John, 12.52; Thomas, Leonard, 150.40; Town of Pukwana, 77.78; Urban, Janice, 133.60; Variety Plus, 19.98; VISA, 317.51; West Group, 1968.52; Willrodt Motor Company Inc, 517.51; Winner Health Mart Pharmacy, 64.42; Yankton County Sheriffs Office, 50.00.


Salaries: 8313.82. FICA & Medicare: First Dakota Bank, 647.13. Retirement: SDRS, 498.83. Insurance Reimbursement: 255.74. Insurance: Medova Health Insurance, 2890.77. A & R Truck Equipment Inc, 16.15; Aurora Brule Rural Water Systems, 28.00; Burke Oil Company, 93.86; Butler, 3236.28; C & B Operations, 467.90; Central Dakota Times, 128.00; Central Electric Cooperative, 78.00; Country Pride Coop, 1903.79; Dakota Oil, 510.28; Department of Transportation, 69.04; Etterman Enterprises, 46.70; Flint Hills Resources, 38,405.74; Heath Lumber Company, 25.00; Kimball City, 39.78; Lyle Signs, 792.19; Lucille M. Halveson, 43.48; Meyerink Farm Service, 826.54; Midstate Communications, 131.05; Mitchell NAPA, 49.09; VISA, 425.83; White Lake Welding & Repair, 81.50.

911 FUND

Aurora County, 300.00; Charles Mix Auditor, 300.00; Midstate Communications, 229.72.

24/7 FUND

Salaries 121.12. FICA & Medicare: First Dakota Bank, 8.29. Retirement: SDRS, 7.27. Insurance: Medova Health Insurance, 30.00.


Salaries: 539.70. FICA & Medicare: First Dakota Bank, 49.19. Retirement: SDRS, 32.38. Insurance Reimbursement: 255.74. Buffalo County Treasurer, 3213.96; Midstate Communications, 122.20.


Microfilm Imaging Systems, 230.00; SD Association of County Commissioners, 140.00.



Commissioner Reinesch moved and Commissioner Nesaldek seconded to adjourn at 11:36 am with the next meeting being held on 11-8-2018 at 9:30 am. All members voted aye. Motion carried.





PAMELA PETRAK                    

RICHARD RASMUSSEN                         





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