Allen and Jill Kirkham’s New CD ” SUNRISE ON THE PRAIRIE”

Music Sample

Review By Bob Everheart
National Traditional Country Music Association for Country Music News International

Sunrise On The Prairie

Sunrise On The Prairie – Whoopie Ti Yi Yo – God’s Country Waltz – I Ride Old Paint – Muckin’ Out Stalls – Red River Valley – Love Burst – Home on The Range – Buffalo Gals – Spanish Is The Loving Tongue – Uncle Bob – All The Pretty Little Horses
Anyone who likes ‘cowboy’ music, or perhaps ‘western’ music, it’s always a pleasure to hear someone who does it well, doing it like it might have sounded around a campfire.  That’s the listening experience of this lovely married couple who have taken ‘western’ music into their hearts and minds, and put it on the stage, on the record player, on the minds of all who listen, and at a campfire.  I want to point out early on here that Allen Kirkham has spent 34 years in military service to America.  Partly Air Force and partly Army.  His wife Jill is a professional artist and retired school teacher.  Between the two, there has to be many many experiences that would surely make a good ‘cowboy’ song.  They both have excellent musical instrument abilities on this CD, Allen on guitar and mandolin, Jill on lead guitar, bass, and harmonica.  I especially enjoyed the addition of Joe Stephenson’s fiddle on the opening song “Sunshine On The Prairie,” one of Allen’s originals.  Jimmy Lee Robbins on guitar and Lee Patterson on accordion for this great original song too.  Most excellent.  Also the addition of Juan Eduardo DeHoyos on lead guitar, and Katie Lautenschlager on fiddle on some of the other songs.  I got ‘hooked’ on western music and western swing a long time ago.  I use my association with the Smithsonian Institution to research old music, and it helps a lot, especially on songs like “Red River Valley” which Allen has a super lead vocal version.  Lots of folks think that ‘Red River’ is somewhere in southwest America, but it’s not, it’s the river that flows between the Dakotas and Minnesota, written by someone from South Dakota.  The first record of it being performed is from a dated newspaper article relating to a singer who sang that song in an old bar along the Nebraska-South Dakota border.  So it actually has a lot of ‘connect’ to the upper Midwest.  This whole album by the Kirkhams is a joy to listen to, especially “Red River Valley” with a nice old-timey harmonica in it, and a great fiddle.  I also like “Buffalo Gals” which is definitely known as a ‘cowboy’ song today, but it wasn’t in the beginning.  “Buffalo” in Buffalo Gals is the name of the town in New York where this song came from.  When is was sang way back then, they also added other towns to the song, like Albany and Elmira.  Today it’s exactly where it needs to be.  Sung around the camp-fire, just like it used to be.  Marshmallows and hot dogs on the sticks getting cooked. That’s the image I get when I hear these two dear people singing their ‘cowboy’ songs.  Off to the Rural Roots Music Commission goes to see what they think.  I have a pretty good idea, most of them have youngun’s that like hot dogs and marshmallows. RECORD REVIEW BY: Bob Everhart, President, National Traditional Country Music Association for Country Music News International


File 20180412 587 1sl7mma.jpg?ixlib=rb 1.1
Culverts installed for roads have led to a decline in salmon, which Northwest Indian tribes were ensured access to by treaty. AP Photo/Ted S. Warren

Monte Mills,
The University of Montana

On April 18, the United States Supreme Court will hear oral arguments in Washington v. United States, which pits the state of Washington against the United States and 21 Indian tribes. The main question in the case is narrow – whether the state must quickly replace hundreds of culverts that allow the flow of water under roads but also block salmon migration. Yet the underlying issue is far broader.

At stake in the case is the Supreme Court’s ongoing role as the nation’s highest arbiter of justice. Despite immense changes, that role remains grounded in a 229-year-old Constitution premised on the supremacy of federal treaties and individual rights.

In previous cases, the Supreme Court upheld the tribes’ rights to fish salmon, spelled out by various treaties entered in the 1850s. But, having insulated those rights from destruction previously, the court must now decide their meaning for the 21st century and beyond. That decision may say more about what justice means in our modern legal system than it does about tribes, salmon or culverts.

‘As justice and reason demand’

In the mid-1800s, the United States’ zeal for expansion and growth resulted in the removal of Indian people and the acquisition of their territory, often through the use of treaties.

Isaac Stevens, the first governor of the territory of Washington, negotiated treaties on behalf of the United States with tribes across the Pacific Northwest and did so using similar treaty forms and language. In the heart of salmon country, Stevens recognized the importance of fishing to the tribes and, to persuade them to cede vast swaths of land, he emphasized language in the treaties that would preserve the tribal “right of taking fish, at all usual and accustomed grounds and stations…in common with all citizens of the Territory.” In fact, while negotiating one treaty, Stevens promised the tribes that the “paper secures your fish.”

Northwest Indians pictured fishing for salmon in the middle of the 20th century, competing with a fishing wheel in the background. Boston Public Library Tichnor Brothers collection

There was an abundance of salmon at the time. However, the explosion of settlers in the late 1800s and the proliferation of canneries and commercial fishing operations quickly created competition with tribal rights. Within decades, tribes’ rights to salmon were threatened by non-Indian interference and declining fish populations. The United States, acting on the tribes’ behalf, went before before the Supreme Court seeking to protect the terms of the treaties.

In 1905, the court was asked to resolve the question of whether non-Indians who erected fish wheels to capture salmon could fence off an area, thereby excluding tribal fishermen who sought to fish at their usual and accustomed ground. The court, saying it interpreted the treaties “as justice and reason demand,” upheld the treaty claims.

Recognizing their federal supremacy, the court rejected arguments that the admission of Washington to the Union on equal footing with other states destroyed the rights tribes previously secured in agreements with the United States. According to the court, the treaties “seemed to promise more, and give the word of the nation for more” than just fishing like all other citizens.

Modern challenges to old rights

Despite that early victory, both tribal treaty rights and salmon populations continued to be threatened. In the 1960s and 1970s, the state of Washington engaged in a concerted effort to denigrate tribal rights, leading to “fish-in” protests by natives, multiple arrests, and violence.

Once again, the courts were called upon to render justice. The central case, brought by tribes and the United States on their behalf against Washington, was filed in 1970. And as in 1905, courts honored tribal rights, deciding that tribes were entitled to half of the salmon harvest. In 1979, the Supreme Court affirmed this. Later decisions even included fish raised in hatcheries.

But salmon populations continued to plummet, putting more and more pressure on tribes’ ability to exercise their rights. As a result, in 2001, 21 tribes in Washington revived the 1970 litigation by asking the federal courts to decide whether the state of Washington was violating the treaties by building roads across salmon streams using culverts that closed off upstream migration. In doing so, the tribes relied upon a 1997 study showing that hundreds of culverts blocked fish passage and that replacing even half of the culverts would produce 200,000 more salmon each year.

According to the tribes, though earlier decisions had preserved their rights, without additional protections for salmon habitat and populations, they would only retain the right to witness wild salmon go extinct.

Both the federal trial court and the Ninth Circuit Court of Appeals agreed with the tribes. Indeed, the trial court entered a permanent injunction requiring the state to replace hundreds of culverts within the next 17 years. Echoing the 1905 Supreme Court, the Ninth Circuit determined that the treaties promised more than just access to fishing sites. The treaties also promised that there would be fish “sufficient to sustain them.”

The state of Washington claims the treaties did not promise that much. They point to other actions of the federal government that hurt salmon populations and argue that complying with the injunction would require reallocating billions of additional dollars, and now ask the Supreme Court to reverse those lower court decisions. In the state’s view, the rights claimed by the tribes and recognized by the lower courts are “new” and not contemplated by the 160-year-old treaties.

More than culverts

The Supreme Court will now decide whether, despite having aged nearly two centuries, those 20 fateful words of the Stevens treaties from the 1850s still guarantee greater protection for tribal interests.

Its decision will have impact far beyond Washington state. While the “right to take fish” language of the Stevens treaties is unique to the tribes of the Northwest, tribes across the country continue to exercise treaty rights to hunt and fish in their historical homelands.

For example, the decision could provide more legal ammunition for those supporting recent tribal movements in support of Bears Ears or to stop the Dakota Access pipeline. Even if the court sides with Washington, the case is already prompting broader discussion of tribal rights nationally and could lead to more state-tribal cooperation to avoid similar challenges in the future.

More importantly, resolving this case demands an accounting of “the word of the nation,” which the court has largely honored since that 1905 decision. Although much has changed, the words of treaties remain, in the Constitution’s words, the “supreme law of the land.” But, without meaningful protection like that sought by the tribes in Washington v. United States, arguably those words will soon be rendered meaningless.

The ConversationSupreme law or not, what good is the “right to take fish” if there are no more fish to take? Therefore, the crucial question before the Supreme Court is whether, beyond simply preserving the words of treaty rights, doing right by our Constitutional ideals – doing justice – demands more.

Monte Mills, Assistant Professor of Law & Co-Director, Margery Hunter Brown Indian Law Clinic, The University of Montana

This article was originally published on The Conversation.


This is the first calf I have seen this year on the Wildlife Loop in Custer State Park. Hope it does well with the upcoming storm.
All Images: Herb Ryan Photography, Custer, SD.

Buffalo calf and cow behind brush on the Wildlife Loop in Custer State Park Wednesday, April 11, 2018. Photo: Herb Ryan Photography


Moved the jeep to a better vantage point. These are wild animals and I take all precautions especially when a calf is present. Photo: Herb Ryan Photography


And along came a not so itsy bitsy log skidder that made the group of 15 to 20 Buffalo move in a hurry. Photo: Herb Ryan Photography


This little “Cinnamon Baby” got off the feed bag pretty quick and ran for the hills. Photo: Herb Ryan Photography


View of Legion Lake Fire from Red Valley Road in Custer State Park. Notice the “Green” fighting it’s way back in. Herb Ryan Photography




A statewide tornado drill will be conducted for South Dakota by the National Weather Service between 9:00 and 9:30 am MDT (10:00 and 10:30 am CDT) on Wednesday, April 25.  Because the exercise is used to ensure communications and warning systems are functioning properly before storm season, people will see and hear the actual alerts used for tornadoes.

Outdoor warning sirens will be sounded in many towns.  The sirens may not be heard inside homes and office buildings, as they are intended to alert people who are outdoors away from radio or TV.

The drill will also include activation of the Emergency Alert System, which will interrupt local media broadcasts.  The scroll on broadcast television and cable TV channels will look like a real warning, while the NOAA Weather Radio and broadcast audio will be identified as a test.

Local emergency response agencies may practice their response procedures and many schools will conduct safety drills for their students.

People do not need to take any action during the drill, but they are encouraged to make plans to protect themselves and their families before storms develop.  Don’t wait until the storm is headed toward you as there won’t be time.  Information about storm safety is available from county emergency management offices or visit the following web sites:

Rapid City National Weather Service:

American Red Cross:

Federal Emergency Management Agency:

Open letter to the Aberdeen Community

Betty Oldenkamp
LSS President/CEO

Lutheran Social Services has been a part of the Aberdeen community since 1969. For the majority of that time we have offered hope and healing through Counseling Services, Adoption Services, Pregnancy Counseling, Disaster Response and New Beginnings Center. We have expanded the services based in Aberdeen to include the Community Resources Program and Kinship Services.

In recent years, Aberdeen has experienced people of ethnically and religiously diverse backgrounds moving into the community for employment. Contrary to what you may have heard, LSS does not recruit immigrants or refugees to move to Aberdeen and LSS does not transport immigrants or refugees by bus into the Aberdeen community.

LSS contracts with the U.S. Refugee Admissions Program to provide services to refugees who enter the United States legally and reside in South Dakota. As people with refugee status moved to Aberdeen, LSS was asked to provide assistance through consultation to civic leaders and community groups; offering case management, interpreter services and immigration services to eligible refugees; and collaborating with the school district, law enforcement and health services

The U.S. Refugee Admission Program is an embodiment of American values of compassion, generosity and leadership. You may not realize that refugees who come to the United States are among the most vetted immigrants in the world. The comprehensive process takes 18 months to two years and involves a series of security screenings, including biographic and biometric checks, medical screenings, forensic document testing and in-person interviews. A refugee’s identity is checked against law enforcement and intelligence databases. The Department of Defense, National Counterterrorism Center, FBI, Department of State and Department of Homeland Security are all involved. This past October, additional restrictions were put in place for refugees from geographic areas that pose significant security threats.

We acknowledge that refugee resettlement brings challenges. We also believe it brings great value that is difficult to quantify—adults who are eager to work; children who acclimate quickly and grow up to be teachers and doctors; youth who are exposed to language and culture that prepares them to learn, work and succeed in a global economy; communities that benefit from a diversity of culture; and ethnic businesses that enhance our landscape. Refugees make a significant contribution to the workforce and the economic growth of South Dakota.

In 1782, our founding fathers adopted the motto E pluribus unum as part of the Great Seal of the United States of America. E pluribus unum, out of many one, reflects the melting pot nature of our history—out of many people we become Americans. The rich tapestry of American life is woven from a diversity of cultural and religious traditions. Families pass their strong heritage from one generation to another—family recipes, holiday and religious celebrations, and most importantly work ethics, beliefs and values that brought our grandparents to America.

Continuing to live out this great motto starts with personally knowing others who are different from ourselves. Reach out, ask questions and gain a better understanding of our new Americans. Share a meal, volunteer, mentor a newcomer, or simply smile and introduce yourself. Learn why they fled their homeland; hear the story of their perilous journey. Ask them what it means to live in America. Don’t be surprised if you come away inspired by their resiliency and with deep gratitude for our freedoms as Americans.

LSS is a private non-profit human service agency. LSS serves people of all ages, races, faiths and economic levels with professional, confidential and affordable services. We believe it is God’s love that compels us to serve and to value all people.

For more information, visit

2018 and 2019 Elk Hunting Seasons And 2018-2020 Pheasant Hunting Seasons Announced

PIERRE, S.D. – The South Dakota Game, Fish and Parks (GFP) Commission allocated 222 licenses for the 2018 and 2019 archery elk hunting seasons. The season will run the month of September for both years and will have 142 any elk and 80 antlerless elk licenses available.

The 2018 and 2019 Black Hills elk hunting seasons will have 425 any elk and 700 antlerless elk licenses available for both years. The 2018 and 2019 prairie elk hunting seasons will have 68 any elk and 73 antlerless elk licenses available for both years.  Harding County (Unit 35A) has been added to the prairie elk hunting season.

Custer State Park any elk hunters are now allowed to firearm hunt the entire month of October with nine any elk licenses available.  In addition, 60 antlerless elk licenses are available among six different units with specified season dates for the 2018 and 2019 seasons.


PIERRE, S.D. – The South Dakota pheasant hunting seasons have been set for the next three years.

The South Dakota Game, Fish and Parks (GFP) Commission proposed no changes to the Youth, Resident Only and Traditional pheasant hunting seasons at their April meeting. Since no changes were proposed, these seasons are set for the next three years as described below.

Youth Pheasant

  • October 6-10, 2018
  • October 5-9, 2019
  • October 3-7, 2020

Resident Pheasant

  • October 13-15, 2018
  • October 12-14, 2019
  • October 10-12, 2020

Traditional Pheasant

  • October 20, 2018 – January 6, 2019
  • October 19, 2019 – January 5, 2020
  • October 17, 2020 – January 3, 2021

For more information on planning your next hunt, visit

GFP Commission Proposes Muzzleloader, Archery and Youth Deer Seasons Along With Other Proposals


PIERRE, S.D. – The South Dakota Game, Fish and Parks (GFP) Commission proposed that the muzzleloader deer hunting season run from Dec. 1, 2018 – Jan. 1, 2019, for both any deer and antlerless whitetail deer licenses.

As a result of a proposed limited access unit in portions of Hughes and Sully counties, it was proposed that this new unit be closed to where antlerless archery and muzzleloader licenses were previously valid.

The proposal requires Black Hills archery deer hunters to obtain and possess a free access permit. Access permits for the Black Hills will be issued on an unlimited basis.

The archery deer season was proposed to end on Jan. 1, 2019.

Like archery and muzzleloader deer seasons, the youth deer season will close on Jan. 1, 2019.

Sand Lake National Wildlife Refuge, Lacreek National Wildlife Refuge, Waubay National Wildlife Refuge, and Waubay State Lake State Game Refuge archery seasons would also end on Jan. 1, except during the firearm deer hunting seasons already established for these refuges.

The GFP Commission will consider adopting this proposal on May 3-4 at Creekside Lodge in Custer State Park. To comment in person, the public hearing will be held May 3 at 2 p.m. MDT. Individuals can also provide written comments on commission rule proposals by sending them to 523 E. Capitol Ave., Pierre, SD 57501, or via email to To be included in the public record and to be considered by the Commission, comments must include a full name and city of residence and meet the submission deadline of 72 hours before the public hearing (not including the day of the public hearing) per HB 1006.

West River Deer Hunting Season Proposed

PIERRE, S.D. – The South Dakota Game, Fish and Parks (GFP) Commission proposed to reinstate days in which only antlerless licenses are valid for the West River season for 2018.

The proposed season would run:

  • Unit 30A (Gregory):       November 3-6 and November 19-25, 2018
  • All Other Units:              November 10-25, 2018
  • Antlerless Deer Tags:      December 8-16, 2018

The GFP Commission will consider adopting this proposal on May 3-4 at Creekside Lodge in Custer State Park. To comment in person, the public hearing will be held May 3 at 2 p.m. MDT. Individuals can also provide written comments on commission rule proposals by sending them to 523 E. Capitol Ave., Pierre, SD 57501, or via email to To be included in the public record and to be considered by the Commission, comments must include a full name and city of residence and meet the submission deadline of 72 hours before the public hearing (not including the day of the public hearing) per HB 1006.


East River Deer Hunting Season Proposed

PIERRE, S.D. – The South Dakota Game, Fish and Parks (GFP) Commission proposed that the 2018 East River deer hunting season would have 175 less licenses available. It was proposed to adjust resident license numbers from no more than 21,085 one-tag and 5,250 two-tag licenses to no more than 20,900 one-tag and 5,250 two-tag licenses.

For 2018, the season would run from Nov. 17-Dec. 2. Antlerless tags would be valid Dec. 8-16 for late season hunting.

The Commission also proposed to create a new Limited Access Unit (Unit 59L) in Hughes and Sully counties limited to all Game Production Areas, Army Corps of Engineer, and Park Recreation Area Lands north of Oahe Dam in Hughes County and west of US Hwy 1804 to Bush’s Landing boat ramp in Sully County at 182nd St.; excluding the Spring Creek Recreation area. View the map here. This unit is all public land and landowner preference does not apply. Hunters must obtain a free access permit to hunt archery, muzzleloader, youth or mentored youth as required on other Limited Access Units.

To accommodate the new Limited Access Unit, other modifications were proposed:

  • Eliminate Unit 59B (that potion of Sully County east of U.S. Highway 83).
  • Modify Unit 59A to include all of Sully County except that portion within 59L.
  • Modify Unit 36A to include all of Hughes County, excluding that portion within Unit 59L, Farm Island Recreation Area, LaFramboise Island, and the land from the entrance to Farm Island west through the city of Pierre.

The GFP Commission will consider adopting this proposal on May 3-4 at Creekside Lodge in Custer State Park. To comment in person, the public hearing will be held May 3 at 2 p.m. MDT. Individuals can also provide written comments on commission rule proposals by sending them to 523 E. Capitol Ave., Pierre, SD 57501, or via email to To be included in the public record and to be considered by the Commission, comments must include a full name and city of residence and meet the submission deadline of 72 hours before the public hearing (not including the day of the public hearing) per HB 1006.



PIERRE, S.D. — The 2018 South Dakota State Historical Society History Conference will be held April 27–28 at the Ramkota Best Western Hotel in Rapid City.

The conference theme this year is “Infinite Variety: Past, Present, Future.” Sessions will be focused on a number of themes about the variety of South Dakota’s people, both ancient and modern, and about what made us what we are.

“Our archaeology staff in Rapid City has lined up an excellent list of speakers,” said Jay D. Vogt, director of the State Historical Society, located at the Cultural Heritage Center in Pierre. “We encourage people to attend our conference and network with other people interested in learning more about South Dakota history.”

The speaker at Friday’s luncheon will be Bill Walsh. His talk, “A Tale of Two States: Myth or Reality?” will take a look at the state’s famous East River/West River cultural gap. The results of this year’s election of the State Historical Society board of trustees will be announced during that luncheon.

Other speakers include Lynn Alex, Dr. Linea Sundstrom, M. J. Adams, Brian Stambaugh, Rick Mills, Dr. David Wolff, Mike Runge, Dr. Lilah Morton Pengra, Dr. Craig Howe, Dr. David Posthumus, Dr. Armik Mirzayan, Francis Whitebird, Dr. Molly Rozum, Virginia Driving Hawk Sneve and Mike Casler.

There will be a pre-conference “Meet the Authors and Book Signing” event on Thursday evening at Arrowhead Country Club and a conference reception at the Dahl Arts Center on Friday evening.

The annual Governor’s Awards for History will be awarded at Saturday’s luncheon.

One teacher certificate renewal credit is being offered through the state Department of Education.

For more information about the conference or to register, visit or call 605-773-6000.


Custer County Commission Meeting (Wednesday, March 28, 2018)
Members present:
Commissioners Travis Bies, Phil Lampert, Jesse Sorenson, Jim Lintz, and Mark Hartman

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 Hartman and seconded by Bies to approve the March 7, 2018 commission meeting
minutes, the following vouchers and travel requests. Motion carried, unanimous.
Travel requests approved: Mar & Shannon Stites to Annual SD Airport Conference in Deadwood, SD,
at a cost of $332; Patty Caster, Julie Jenniges and Amanda Pierce to SDAAO Conference in Rapid City,
SD, at a cost of $1,312.65.
Vouchers approved as follows:

COMMISSIONERS: Pitney Bowes $2,015; SDACO $727.20; Travis Bies $1,500; Ramkota $305.97; Verizon
Wireless $82.18; Avesis $8.54

CONTINGENCY: Guardian $60.07

COURT: Beesley Law $1,473.40; Justin O’Neill $575.60; Garland Goff $865.78; Grey & Eisenbraun Law
$498.20; Manlove Psychiatric $3,600; Randal Connelly $278

AUDITOR: First Interstate Bank Mastercard $80.90; Ricoh $.87; Evergreen Office Products $55.77

TREASURER: Digital Dolphin $325.97; Monica DeNardis $500; Qualified Presort $3,663.02

STATE’S ATTORNEY: Pheasantland $152.12; Culligan Water $43.50; Rioch $2.78

COURTHOUSE BUILDING: Southern Hills Fire & Safety $258.25; Servall $110.95; First Interstate Bank
Mastercard $159.58; Verizon Wireless $73.38; Thyssenkrupp Elevator $1,278

DIRECTOR OF EQUALIZATION: Networkfleet $18.95; Ricoh $6.21; SDAAO $525

REGISTER OF DEEDS: Teri L Morgan $1,500

VETERANS SERVICES: Quill $47.36; First Interstate Bank Mastercard $48.94

INFO TECHNOLOGY: Golden West $5,892.27; A & B Business $1,285; Ricoh $1,478.04; Schneider
Corporation $2,715

HUMAN RESOURCE: First Interstate Bank Mastercard $424.94; Verizon Wireless $16.44

SHERIFF: Black Hills Electric $54.38; Interstate Batteries $99.90; Quill $99.99; Rapid Chevrolet $2, 997,
97; First Interstate Bank Mastercard $830.02; Liberty Superstores $288.75; Networkfleet $211.62;
Innovative Office Solutions $56.28; $78.98; Culligan Water $53; Ricoh $53.59; Nelson’s
Oil & Gas $49.88; Lexisnexis Risk Solutions $89; Verizon Wireless $386.61

CORONER: Rapid City Regional $59

PRISONER CARE: City of Rapid City $140; Pennington County Jail $226.20; First Interstate Bank
Mastercard $43.17; Kreisers LLC $121.91; Pennington County Sheriff $673.60

AIRPORT: Custer Gas $734.02; Southern Hills Fire & Safety $79.75; MG Oil Company $4,304.70; Studt
Electric $875.98

MENTALLY ILL: Beesley Law Office $312.50

MENTAL ILLNESS BOARD: Lincoln County Treasurer $89.30

LIBRARY: First Interstate Bank Mastercard $708.13

CULTURE/RECREATION: Lynn’s Dakotamart $21.27

EXTENSION: Ricoh $1.62; Discovery Benefits $41.67

WEED & PEST: First Interstate Bank Mastercard $383.95; Ricoh $10.73

PLANNING: Discovery Benefits $41.67; Verizon Wireless $54.32

COUNTY ROAD & BRIDGE: A & B Welding $173.25; Black Hills Electric $2,289.28; Black Hills Power
$49.94; Black Hills Energy $99.83; Butler Machinery $1,996.88; Custer Do It Best $224.80; Lycox
Enterprises $2,050; Custer True Value $205.66; Diesel Machinery $7,000; French Creek Loggers $367.57;
Fastenal $333.89; Godfrey Brake $29.24; Southern Hills Fire & Safety $110; Johnson Machine $133.32;
Quill $102.97; Rapid Chevrolet $7.68; Kieffer Sanitation $152.79; Servall $207.40; Snap on Tools $76.76;
First Interstate Bank Mastercard $143.67; Liberty Superstore $189.64; Southern Hills Truck & Trailer
$8.55; Southern Hills Rock & Gravel $6,700; Lacal Equipment $547.46; Croell Inc. $3,519.88; Culligan
Water $46.50; Centurylink $18.31; Matco Tools $108.10; Nelson’s Oil & Gas $2,683.22; MG Oil
$17,669.78; Diamond D Diesel $1,615; Verizon Wireless $34.08; Dakota Fluid Power $65.14; CBH
Cooperative $3,591.12; Anderson Auto Sales $28

FIRE PROTECTION: City of Rapid City $2,000

EMERGENCY MANAGEMENT: Networkfleet $18.95; Verizon Wireless $54.32

EMERGENCY & DISASTER: City of Belle Fourche $600
24/7: Intoximeters Inc. $320; Quill $42.45; Redwood Toxicology $141.60

BUILDING: Black Hills Electric $776.31; Black Hills Energy $7,146.64; Custer Do It Best $20.93; Custer City
$199.39; McGas $345.91; Southern Hills Fire & Safety $130.75; Sander Sanitation $327.68; A to Z
Shredding $20

EMERGENCY LINE: Quill $33.93; Pheasantland Industries $396.50; Culligan Water $33.50; Ricoh $23.49;
Centurylink $533.69; Discovery Benefits $41.64

D. Conflict of Interest Declarations -none

E. Highway
1. The gravel bid that was approved at the March 7, 2018 commission meeting was reviewed
because two bids were received for the amount of $6.75 per ton. The bid that was approved
was from Black Hills Gravel, LLC and the other bid was from Howe Well Drilling & Excavating,
Inc. It was determined that the bid from Howe Well Drilling & Excavating, Inc. did not meet the
specifications of the bid and the commission upheld the approval of the bid from Black Hills
Gravel, LLC.
2. The commission acknowledged the resignation of Todd Luesink and Allen Skrdlant.

F. Planning
1. Alan Aker appeared before the board to discuss concerns he had about a plat that had been
presented at a recent dirt meeting. Rex Harris, Planning Director, stated that there needs to be
an application made and fees paid to have the plat presented to the planning commission. Mr
Aker will meet with Harris.

G. Register of Deeds
1. Teri Morgan, Register of Deeds, introduced Wanda Gramkow who has been hired as the Deputy
Register of Deeds.
2. Motion by Sorenson and seconded by Bies to authorize the removal of Robyn VanDerSys and
add Wanda Gramkow to the Register of Deeds checking account as an authorized signer.
Motion carried, unanimous.

H. Sheriff
1. The commission acknowledged the completion of a 1 year probation period for Deputy
Matthew Tramp and Deputy Matt Kunz.
2. Sheriff Mechaley gave the commission on update on recent talks he had with the Custer School
District regarding filling a School Deputy position. Mechaley stated that the biggest issue
would be the funding of the position. Mechaley will keep the commission informed on this

I. Equalization
1. Motion by Hartman and seconded by Sorenson to approve Abatement #1805A in the amount of
$1,229.43, #1806A in the amount of $174.30, #1807A in the amount of $200 and #1808A in the
amount of $966.46. Motion carried, unanimous.
2. Patty Caster gave the commission on update on the changes in the South Dakota Codified Law
regarding agricultural requirements.

J. Library
1. Motion by Bies and seconded by Lintz to approve the surplus of a HP LaserJet N4100 printer to
be sold, a Microsoft wireless keyboard and mouse and two ASUS MemoPads to be disposed at
the landfill. Motion carried, unanimous.

K. Veteran Service Office
1. Motion by Sorenson and seconded by Hartman to approve the surplus of a broken chair and a
three hole punch to be disposed at the landfill. Motion carried, unanimous.
2. Jana Virtue, Veteran Service Officer, gave a quarterly report to the commission. Virtue has
established new connections with Veterans in the community and was able to visit and assist 3
Custer County homebound Veterans with the assistance of a laptop computer she now has.
Virtue has filed 23 disability and/or pension claims with the South Dakota State of Veterans
Affairs and has worked with Veterans to file over 33 Intent to File (for future claims).

L. Maintenance
1. Robert Skinner, Maintenance Director, appeared before the board to inform the commission of
his plan to fill a recently vacated full-time maintenance position with a part-time employee.

M. Battle Creek Fire District
1. Motion by Lintz and seconded by Bies to acknowledge the consolidation of the Hayward,
Hermosa, and Keystone Fire Districts into one creating the Battle Creek Fire District effective
for tax year 2018 and after. Motion carried, unanimous.

N. 266th Street Project
1. The commission received a letter from the SD National Guard regarding their intent to conduct
a training project in the Wind Cave National Park area. The project will consist of building and
improving an access road (266th Street) to the historic Sanson/Casey Ranch. The project
includes the improvement of approximately 1.5 miles of existing two track road for access to
the site. The road will be built to Custer County road standards. Motion by Lintz and seconded
by Sorenson to waive the bond requirement for this project. Motion carried, unanimous.

O. Crazy Horse Raffle
1. Motion by Bies and seconded by Hartman to approve the request from the Crazy Horse
Memorial Foundation to conduct their annual rifle raffle fundraiser in 2018. Motion carried,

P. Public Comment – none

Q. Commission
1. Mail call – A letter was received from USDA regarding placer mining on NFS land; a thank you
letter was received from the Custer Sr Center for the $3,100 the county budgeted and awarded
to the center; a letter was received from SDML regarding the 2017 payroll audit refund notice;
a letter was received from the Custer County Library Foundation expressing their appreciation
to the maintenance staff for the installation of the donor recognition tree at the Custer County
2. Meeting Schedule – The Lincoln Day Dinner will be held at Custer Corral on Saturday, April 7th
with the social hour beginning at 5:30 p.m

3. Meeting Reports – Lintz attended a Fair Board and Weed Board meeting. Lintz has also been
elected as the President of the Black Hills Association of County Commissioners. Bies and
Lampert reported on new things they learned at the 2018 County Commissioners and Welfare
Officials Workshop regarding the opportunity the county has to apply for grants for
maintenance of roads that border public lands and learned more about parliamentary
procedures. Sorenson will plan to attend the Economic Development meeting in Hot Springs.

R. Executive Session
Motion by Lintz and seconded by Bies to go into Executive Session pursuant to SDCL 1-25-2(4).
Executive Session began at 9:25 a.m. and concluded at 9:50 a.m.
1. Motion by Hartman and seconded by Bies to approve the re-offer to John Evans of $150,000 for
real property together with the mobile homes owned by Evans. Motion carried, unanimous.
2. Motion by Bies and seconded by Lintz to approve the Indigent request. Motion carried,

S. Adjourn
Motion by Hartman and seconded by Sorenson to adjourn the meeting at 9:52 a.m. The next
meeting will be at 8 a.m. April 11, 2018, in the Commissioner’s Room in the Custer County
Phil Lampert, Chairman
Terri Cornelison, Custer County Auditor
Published once at the total approximate cost of __No Charge By Custer Free Press ___

8th Circuit Court of Appeals Reverses Inmate’s Challenge to Penitentiary Pornography Policy

PIERRE, S.D. –  Attorney General Marty Jackley announced today that the United States Court of Appeals for the 8th Circuit reversed Charles Sisney’s challenge to the South Dakota State Penitentiary’s pornography policy.  Sisney is serving a life sentence for killing his girlfriend after she asked him to move out of the house.  He then stuffed her body into a Rubbermaid storage container.

“Charles Sisney gave up many freedoms when he murdered his girlfriend. The orderly and safe operation of the penitentiary is essential, including keeping pornographic materials away from sex offenders,” said Jackley.

The policy prohibits inmates from possessing publications that contain depictions of nudity or sexually explicit conduct.  Sisney challenged the policy after he was refused access to a Japanese manga comic depicting nude schoolgirls and a copy of Jane Austen’s Pride and Prejudice known as “the wild and wanton edition” for scenes of explicit sexuality added to the classic work by another writer.  Sisney was also refused access to a vintage Coppertone ad depicting the exposure of a young girl’s buttocks by a dog pulling down her swimming trunks and books containing works of Renaissance art featuring nudity.

In a prior challenge to the penitentiary’s pornography policy, the court observed that “[i]nmate possession of pornography had been an ever-increasing problem.  For example, inmates sold, rented or traded pornographic magazines in violation of other DOC policies.  Disputes about the use or return of such magazines resulted in threats against inmates.  Certain groups of inmates who were prohibited from possessing pornographic materials (i.e. sex offenders) could access the materials from those who were not prohibited from possessing it.”

Further proceedings in the case will determine if specific materials, such as a sexually explicit Game of Thrones knockoff entitled Thrones of Desire or reproductions of famous artworks, are subject to the policy.