Custer County

Custer County Commission Meeting Minutes (Wednesday, May 9, 2018)

Members present:
Commissioners Travis Bies, Phil Lampert, Jesse Sorenson, Jim Lintz, Mark Hartman and State’s Attorney
Tracy Kelley.

A. Commission Meeting was called to order at 8:00 AM followed by the Pledge of Allegiance.

B. Adopting of the agenda
Chairman Lampert called for any corrections to the agenda. With no corrections, the agenda will
stand as presented.

C. Consent Agenda

Motion by Lintz and seconded by Bies to approve the April 25, 2018 commission meeting minutes
and the April 25, 2018 County Board of Equalization minutes. Motion carried, unanimous. Motion
by Lintz and seconded by Bies to approve the following vouchers and travel requests. Motion
carried, unanimous.

Travel requests approved: Patty Caster, Julie Jenniges and Amanda Pierce to Vanguard User’s
meeting in Oacoma, SD, at a cost of $821.70; Mike Carter to Type 3 Team Deployment in Madison,
SD, at no cost; Jeremy Uphoff, Wanda Gramkow and Monica DeNardis to SDACO Deputy
Workshop in Pierre, SD, at a cost of $611.97; Gary Woodford to SDACHS 34th Annual Summer
Meeting in Pierre, SD, at a cost of $200; Cathy Carter to SDACHS Office Personnel Workshop in
Pierre, SD, at a cost of $250.
Vouchers approved as follows:

PAYROLL: Commissioner’s $1,681.28; Auditor $11,889.41; Treasurer $3,824.73; IST $1,693.92; State’s
Attorney $4,765.14; Courthouse Building $2,116.84; Director of Equalization $4,238.07; Register of
Deeds $5,307.95; Veterans Service $595.68; Human Resource $537.97; Sheriff $16,075.84; Nurse
$488.86; Library $3,641.56; Extension $701.29; Weed & Pest $1,128.18; Planning $2,756.73; Highway &
Bridge $16,730.94; Emergency Management $1,305.31; 24/7 $811.90; Communications/911 $7,153.38

GENERAL FUND: SD State Treasurer $7.63

COMMISSIONERS: Southern Hills Publishing $1,225.67; SDACO $4,024

CONTINGENCY: New York Life $126.00

COURT: Beesley Law $440; Skinner Law $296.91; Garland Goff $1,178.10; Angela Colbath $1,117.10

AUDITOR: SDACO $250; LCA Bank $78.29; Golden West $173.75; Ricoh $.06

TREASURER: A & B Business $1.87; SDACO $250; Golden West $173.73
IST: Golden West $69.50

STATE’S ATTORNEY: Bridgette Banks $62.40; Southern Hills Publishing $21.89;
First Western Insurance $50; Lexi Nexis $289; Secretary of State $30.00; Luke Yellow Robe $1,500; Heath
Waddell $338.56; Golden West $37; Culligan $37; Rapid City Police Dept. $37

COURTHOUSE BUILDING: Southern Hills Publishing $31; Custer True Value $88.35; Black Hills Industries
$238; Golden West $334.76

DIRECTOR OF EQUALIZATION: Custer True Value $17.98; Golden West $208.47; Vanguard Appraisals
$9,850

REGISTER OF DEEDS:A & B Business $20.12; SDACO $250; Golden West $138.99

VETERANS SERVICES: Golden West $34.76

PREDATORY ANIMAL: SD Dept of Game Fish & Parks $827.20

INFO TECHNOLOGY: Active Data Systems $3,066; Golden West Technologies $1,940; A & B Business
$1,403.26; Golden West Telecommunications $10; Ricoh $5.41

SHERIFF: Black Hills Energy $95.99; Defensive Edge Training $265; A & B Business $63.54; Innovative
Office Solutions $150.03; Sherry Weber $33; Golden West $351.44; Culligan $46.50; A to Z Shredding
$40; Great Western Tire $1,298.20 Axon Ent. $3,888

PRISONER CARE: Manlove Psychciatric $59.90; Innovative Office Solutions $140; Ann Allen $150;
Christine Peters $75; Rapid City Police $140

AIRPORT: QT POD $818.79; Custer Gas $256.71; Custer True Value $68.09; Jenner Equipment $647.79;
Rock Solid Enterprises $2,796; Golden West $198.85; MG Oil $3,281.90; Mark & Shannon Stites $3,000

LIBRARY: Dakota Business Center $1,122.32; Mt Rushmore Telephone $112.55; Golden West $281.10

CULTURE/RECREATION: Southern Hills Publishing $87; Custer True Value $8.49; Lynn’s Dakotamart
$30.72

EXTENSION: A & B Business $17.89; Golden West $220.56

WEED & PEST: A & B Business $8.11; Golden West $48.69; SD Association of County Weed & Pest $150

PLANNING: Golden West $138.99

COUNTY ROAD & BRIDGE: Bierschbach Equipment $470; Black Hills Energy $192.74; Butler Machinery
$936; Custer Do It Best $13.40; Southern Hills Publishing $32.40; Custer True Value $82.51; Eddie’s Truck
Sales $913.35; French Creek Loggers $54.89; Fastenal $12.61; Dakota Supply $28.23; Interstate Batteries
$116.95; Lynn’s Dakotamart $15.96; Mt Rushmore Telephone $114.65; Ranchers Feed & Seed $18; S & B
Motor Parts $464.78; SD Assoc County Comm $75; SD Dept of Transportation $432.96; Kieffer Sanitation
$152.79; Servall Towel & Linen $101.44; Town of Buffalo Gap $54; Snap on Tools $256.75; Southern Hills
Rock & Gravel $16,750; Golden West $272.69; Lyle Signs $606.92; Culligan $40; Matco Tools $291.65;
MG Oil $186.82; Great Western Tire $4,957.60; Forward Distributing $45.15; CBH Cooperative
$1,621.72; Anderson Auto Sales $32

EMERGENCY MANAGEMENT (HOMELAND SECURITY GRANT): Richard Smith $116.80; James Strain
$183.60; Robert Rendon $50.40

EMERGENCY MANAGEMENT: Southern Hills Publishing $170; Custer True Value $29.98; Lynn’s
Dakotamart $371.92; SD Emergency Management $95; Kathy Glines $232.92; Sam Smolnisky $94.72;
Golden West $104.25

BUILDING: Custer City $199.39; Custer True Value $77.62; Sander Sanitation $334.94; Adtech $4,638.98

ROD MODERNIZATION & PRESERVATION: Microfilm Imaging Systems $822.25

EMERGENCY LINE: Jonathan Mosely $1000; Rushmore Communication $294; A & B Business $16.02;
Innovative Office Solutions $105.65; Golden West $1,375.99; Culligan $33.50; RT Communications
$23.07D. Conflict of Interest Declarations – Phil Lampert stated a conflict of interest with the public hearing
to vacate Plat of Tatanka Spirit Subdivision & Tatanka Spirit Subdivision, Phase II

E. Highway

1. Motion by Bies and seconded by Lintz to approve and authorize the chairman to sign the
Agreement to Provide for the Striping and Continuing Maintenance of County Roads within
Custer County. Motion carried, unanimous.
2. Motion by Hartman and seconded by Sorenson to approve the Application for Occupancy on the
Right of Way of County Highways from Fall River Water User’s District for a pipeline crossing on
Highway Number 719 in Section 6, Township 5, Range 8, Custer County, South Dakota. Motion
carried, unanimous.
3. Gary Woodford, Highway Superintendent gave an annual report. Woodford explained how
monies had been spent the previous year and reported that the county received three grants
this year for bridges. Two of the grants are for bridge preservation and the third grant is for a
bridge replacement. The new motor grader that was purchased is scheduled to be delivered on
Thursday, May 10th
.
4. Woodford informed the commission that Mark Jurrens has been hired as an Equipment
Operator and will begin employment with the county on May 14, 2018.
5. Caley Buckert, Weed Supervisor, gave an update on the weed department. Buckert has sent out
a letter to all land owners in Custer County advising the land owner’s responsibility to control
weeds on their property. There will be a landowner workshop at Argyle on Friday, May 18,
2018 starting at 9 a.m. and lunch will be provided. Buckert also stated there is a grant to help
cover costs of chemicals used to spray weeds. Land owners need to turn in receipts to Buckert
to receive the 50% reimbursement through the grant.

F. Public Hearing
– Vacate Plat of Tatanka Spirit Subdivision & Tatanka Spirit Subdivision
Chairman Lampert turned the meeting over to Vice Chairman Lintz. The public hearing was opened
and there was no attendance to oppose the vacation of the plat. Motion by Hartman and seconded
by Bies to approve Resolution 2018-08. Motion carried, Lampert abstained.
RESOLUTION 2018-08
A RESOLUTION BY THE BOARD OF COUNTY
COMMISSIONERS OF CUSTER COUNTY, SOUTH DAKOTA, TO
VACATE THE PLATS OF
TATANKA SPIRIT SUBDIVISION & TATANKA SPIRIT SUBDIVISION, PHASE II

WHEREAS, a petition has been filed with Custer County requesting vacation of the following
described plats, to-wit:

TATANKA SPIRIT SUBDIVISION & TATANKA SPIRIT SUBDIVISION, PHASE II
Located in Sections 1, 12, & 13, Township 6 South, Range 6 East, BHM, Custer County
recorded in the Office of the Register of Deeds for Custer County, South Dakota in Book 12 of
Plats, pages 314 and 390.

WHEREAS, the Board of County Commissioners (Board) has the authority to approve the
vacation of any recorded plat that lies outside a municipality, either in whole or in part, in
accordance with SDCL 11-3-21.1; and

WHEREAS, Rogers-Scull LLC, a South Dakota limited liability company is the record owner of
the properties contained within said plats sought to be vacated; and

WHEREAS, the publication of legal notice has been satisfied according to SDCL11-3-22.1; and

WHEREAS, the platted subdivisions do not lie within the corporate limits of any
incorporated municipality within Custer County; and

WHEREAS, it has been proven to the satisfaction of the Board that all property taxes have been
paid on such plats as required by SDCL 11-3-23.1; and

WHEREAS, the Board, in accordance with SDCL 11-3-23.1, has determined that vacating the
plats will not abridge or destroy any of the rights and privileges of other proprietors of such plats
and will not authorize the closing or obstruction of any public highway laid out according to law
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF CUSTER COUNTY, SOUTH DAKOTA: That the plat(s) of Tatanka Spirit Subdivision and
Tatanka Spirit Subdivision, Phase II recorded in Book 12 of Plats at pages 314 and 390, in the
Office of the Register of Deeds for Custer County, South Dakota are hereby vacated.

BE IT FURTHER RESOLVED:
That that portion of Tatanka Spirit Road and Stampede Trail
that lie within the boundaries of the platted property, which rights-of-way are not located within
a section line, shall no longer be deemed public right-of-way.

BE IT FURTHER RESOLVED: That all other easements and agreements granted in or upon
such properties by virtue of separate written document shall remain in full force and effect unless
otherwise modified or terminated subsequent hereto.

APPROVED BY THE COMMISSION this 9th day of May, 2018.
________________________________
Jim Lintz
Vice-Chairman, Custer Co. Board of Commission
ATTEST:
_________________________________
Teresa Cornelison
Custer County Auditor
The meeting was turned back over to Chairman Lampert.

G. Emergency Management
1. Motion by Bies and seconded by Hartman to approve and authorize the chairman to sign the
SLA 2nd Quarter Report – FY 2018. Motion carried, unanimous.
H. Planning
1. Motion by Hartman and seconded by Lintz to approve the plat of Tract 29 Revised of Battle
Mountain Subdivision Revised and Waynick Tract, formerly Tract 29 of Battle Mountain
Subdivision Revised and the SE4SW4NE4 of Section 25, T6S, R5E, BHM, Custer County, South
Dakota. Motion carried, unanimous.
2. Motion by Sorenson and seconded by Lintz to approve the Wireless Communication Tower
Modification from Verizon Wireless by Cobb Wireless Group II on Homestead Subdivision, Tract
Matt (part of Government Lot 16), Section 24, T3S, R4E, BHM, Custer County, South Dakota.
Motion carried, unanimous.
I. Sheriff
1. Motion by Hartman and seconded by Sorenson to approve the hire of Carl Maude as Deputy
Sheriff effective May 16, 2018. Motion carried, unanimous.
J. Commission
1. The commission reviewed the application for Isolated Tract Easement from Bang McCullen Law
Firm on behalf of Richard and Barbara Drew. One letter of opposition was received for the
application from DeMersseman Jensen Tellinghuisen & Huffman LLP on behalf of Dale Russell
and Ellen Ballard. The commission set Wednesday, May 23, 2018 at 11:00 a.m. as the time for
viewing of the property.
K. Equalization
1. Motion by Bies and seconded by Lintz to approve Abatement 1809 in the amount of $156.12.
Motion carried, unanimous.
2. Motion by Hartman and seconded by Sorenson to approve Revised Resolution 2015-06. Motion
carried, unanimous.
Revised Resolution 2015-6

COMMERCIAL / INDUSTRIAL DISCRETIONARY FORMULA

WHEREAS, the Commissioners of Custer County have considered the impact of a discretionary tax
formula to encourage development of certain commercial and industrial property per SDCL 10-6-35.2
within the boundaries of Custer County; and
WHEREAS, the codified laws of the State of South Dakota empower the Commissioners to adopt any
formula for assessed value of certain commercial and industrial property (SDCL 10-6-35-.2); now
therefore
IT IS HEREBY RESOLVED that the following discretionary tax formula for property classified pursuant
to SDCL 10-6-35.2 is hereby adopted:
1. That property meeting the requirements of SDCL 10-6-35.2 shall be assessed at the following
rates: 0% – First Year; 0% – Second Year; 0% – Third Year; 0% – Fourth Year; 0% – Fifth Year
2. That the Custer County Commissioners shall be solely responsible for determining the
classification of certain real property as defined by SDCL 10-6-35.2.
3. That this Resolution shall become effective on May 9th, 2018 and shall remain in effect until
further action of the Custer County Board of Commissioners.
Dated this 9th Day of May, 2018.
3. Michael Houdyshell, Director of Property Tax, appeared before the board to review the non
agricultural values in the county. Houdyshell provided the commission with an analysis of the
county sales and factors for a five year period (2014 – 2018). The level of assessment on the
non agricultural values in the county has declined over the past five years. The 2018 level of
assessment on non agricultural property is at 84.1% which is below the 85% required by SDCL
10-6-33.8. Houdyshell informed the commission that the Department of Revenue will work
with the Director of Equalization Office to remedy the situation.

L. Treasurer
1. The commission acknowledged the resignation of Diane Ruggiero as Deputy Treasurer.

M. Auditor
1. Motion by Hartman and seconded by Bies to approve and authorize the chairman to sign the
Sub recipient Agreement 19SC090076 between the South Dakota Department of Health and
Custer County. Motion carried, unanimous.
2. Motion by Lintz and seconded by Sorenson to change the dates of the county commission
meetings in June to Wednesday, June 6th and Wednesday, June 20th. Motion carried,
unanimous.

N. SDSU Extension Service
1. Motion by Bies and seconded by Lintz to post pone the job description for the
Extension/Conservation Office until the next commission meeting on Wednesday, May 23,
2018. Motion carried, unanimous.

O. Public Comment – Tim Holland commented on the Custer area’s economy and what has happened
in the last ten years. Holland stated, he noticed when values are lower the taxes do not go down,
but when values increase, the taxes increase.

P. Commission
1. Mail call – a letter was received from the Lawrence County Commission regarding BH Resilient
Landscape Project Draft D.E.I.S; a letter was received from the Federal Aviation Administration
regarding the close out of grant #3-46-0011-012-2016; an invitation was received from the
Hermosa Arts and History Association Museum for event to honor the life of Johannes (Jack)
Zasadil
2. Meeting Schedule – The Black Hills Association of County Officials will hold a meeting in Isabel,
SD, on Friday, May 11, 2018 at noon; there will be a ribbon cutting ceremony at the former
STAR Academy property on May 18, 2018, at 10 a.m.
3. Meeting Reports – Lintz reported he had attended a Fair Board meeting and the board is looking
at building an extension off the large building on the fairgrounds. The board is in the process of
getting bids and the National Guard has offered to donate the labor for the project and the
board would need to provide the materials. Bies will attend a Southern Hills Waste
Management meeting on Thursday, May 10, 2018 in Hot Springs, SD. Sorenson will attend a
Conservation meeting on Friday, May 11, 2018.

Q. Executive Session
1. Motion by Bies and seconded by Lintz to go into Executive Session pursuant to SDCL 1-25-2(1)
and SDCL 1-25-2(3). Motion carried, unanimous. Executive Session began at 9:55 a.m. to
discuss personnel and contract negotiations and concluded at 11:25 a.m. with no action taken.
R. Adjourn

Motion by Bies and seconded by Hartman to adjourn the meeting at 11:37 a.m. The next meeting
will be at 8 a.m. May 23, 2018 in the Commissioner’s Room in the Custer County Courthouse

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