The Brookings County Board of County Commissioners met in regular session on Tuesday, April 22, 2003, with the following members present: Emil Klavetter, Deanna Santema, Dennis Falken, Donald Larson, and Mary Negstad. Also present: Kelly Bakken, Stacy Steffensen, Russ Olson, Ted Eggebraaten, Brad Wermers, Martin Stanwick, Ron Gogolin, Joyce Dragseth, Larry Klingbile, Richard Helsper, Jeff Schultze, and Wm. Mark Kratochvil.
Chairperson Emil Klavetter called the meeting to order.
Auditor IV, Russell Olson with the State of South Dakota Department of Legislative Audit met with the board to discuss the Consent Agenda items.
CONSENT AGENDA
Chairperson Emil Klavetter declared the Consent Agenda approved with
no objection from the board. The Consent Agenda consisted of the Agenda
for April 22, 2003 Commission Meeting and the minutes from April 15, 2003
Commission Meeting.
CLAIMS
Motion by Negstad, seconded by Santema, to approve the following claims.
Role Call Vote: Larson “Aye,” Negstad “Aye,” Santema “Aye,” Falken
“Aye,” Klavetter “Aye.” Motion passes. Amoco Oil Co, gas $9.00;
Anderson Oil, diesel fuel $593.85; Argus Leader, ads $192.28; AT&T,
telephone $138.59; Banner & Associates, engineering fees $12,921.35;
Eugene Beckman & Sons, parts $78.78; Jessica Bendt, transport $11.00;
Carmen Brennon, translation $227.50; Bkgs City, utilities $4,155.87; Bkgs
Co Treasurer, license/postage/taxes $3,733.06; Bkgs Register, publications
$1,319.86; Bkgs Engraving, plaques $24.00; Bkgs Hospital, cobra $323.57;
Walt Brown, meeting/mileage $37.76; Buhl’s Cleaners, rugs/rental $60.23;
Butler Machinery, parts/filters $561.52; Calhoon & Kravochvil, postage
$46.00; Don Carlson, MI hearings $42.00; CarQuest Auto, supplies $36.52;
Cellular One, phones $273.98; Central Business Supply, office supplies/maintenance
$935.43; Central Station Security, monitoring $110.00; Chemco Inc, janitorial/laundry
supplies $797.98; Chem Search, janitorial supplies $459.76; Computer Doctor,
computer assistance $614.78; Concrete Materials, cold mix $384.30; Cook’s
Office Products, supplies $358.33; Cook’s Recycling, commercial service
$316.00; DAS Properties, rent $500.00; Dakota Abstract, rent/utilities
$1,707.18; Debeer Small Engine, mower bracket $9.27; Donna Dietrich, MI
hearings $272.19; Ecolab Pest Elimination, fumigation $44.50; Ted Eggebraaten,
motel/air fare/parking $2,123.65; Einspahr Auto, hose assembly $69.21;
Electronic Security, cameras $527.09; Elite Business, maintenance $56.00;
Exhaust Pros, exhaust system $64.90; Fairfield Inn, room $55.08; Farmers
Coop Co, LP gas $15.10; First District, registration $25.00; First National
Bank, gas/conference $657.68; Robert Fite, CAA $2,312.18; Foerster Wholesale
Supply, janitorial supplies $474.60; G&K Services, laundry service
$159.93; Graham Tire, tires $189.45; Graybar Electric, supplies $8.27;
Harold’s Printing, envelopes $62.40; Harold’s Photo, pictures $38.61; Patricia
Hartsel, transcript $64.80; Homestead Do-It Center, hardware/building materials
$134.01; Shawn Hostler, transport $11.00; Hy-Vee Food Store, inmate meals/supplies
$10,265.74; IAAO, membership dues $155.00; Insty-Prints, maps/business
cards/lamination $623.70; Inter-Lakes Community Action, support worker
$579.09; ITC, telephone $32.16; James & Associates, MI hearing $183.85;
Janitor’s Closet, janitorial supplies $179.28; Kenner Plumbing, parts/labor
$132.65; Mike Kidwiler, meeting/mileage $32.25; Kings Inn, room $35.00;
Joan Kittleson, MI hearings $42.00; Darrel Kleinjan, meetings/mileage $72.04;
Duane Knutson, meetings/mileage $55.22; Mark Kratochvil, meal/mileage $41.22;
L&L Parts, filters/parts $19.97; Lewis & Clark Mental, MI hearing
$125.00; Linweld, supplies $123.05; Lyle’s Signs, signs $329.64;
M E McCann, CAA $3,484.32; Donald McCarty, CAA $1,086.47; MCI, telephone
$17.72; M&T, medical supplies $115.40; MV Dietz Consulting, class $99.00;
Bob Mans, meetings/mileage $59.28; Martins Inc, diesel fuel $492.83; Minnehaha
Co Juvenile, foster care $2,400.00; Minnehaha Co Treasurer, joint powers
agreement $11,363.09; NACO, registrations $2,325.00; Darrel Nelson, meetings/mileage
$61.02; Nancy Nelson, CAA $67.45; Nortek Computer, parts/labor $304.96;
Northwestern Public Service, utilities $4,577.44; Olson & Johnson International,
parts $44.62; PMC, web hosting, $2,100.00; Brian Passenheim, transport
$11.00; Physicians Laboratory, autopsy $600.00; Polk Directories, directories
$422.30; PRO Action, uniforms $265.77; Qwest, database $301.15; RFD News,
publications $690.60; Rainbow Car Wash, car washes $36.45; Reuter’s Framing,
framing $76.00; Dept of Revenue, admin fees $120.00; Rhomar Ind, shop supplies
$800.73; Rick Ribstein, CAA $323.84; Risk Services, training kit $50.00;
Robert Rochel, meetings/mileage $69.14; James Rowenhorst, training course
$195.26; Running’s Big R, supplies $176.90; Ryka Management, rent $525.00;
Kurt Schmidt, meal $7.00; Keith Schram, meeting/mileage $38.63; SDACC,
registrations $150.00; SDACO, registrations $225.00; SD Dept of Labor,
unemployment $1,984.00; SDSU Ag-Bio, 4-H book covers $74.00; SDSU Instructional
Tec, tape editing $42.35; Shephardson’s True Value, hardware $36.91; Sioux
Falls Two Way Radio, maintenance $405.00; Steve Smith; meeting/mileage
$39.50; Software Services, computer assistance $763.75; Sprint, telephone
$34.82; Staff Search, temp help $922.69; Sturdevant’s Auto, supplies $294.29;
Swiftel Center, upkeep $2,500.00; Thrifty White Drug, medicine $160.58;
Lionel Torgrude, meals/mileage $443.40; Town & Country Shopper, ads
$90.00; Turning Point, foster care $680.00; Vandenberg Law, CAA $390.50;
Vantek Communications, radio repair $98.20; Verizon, telephone $152.23;
Barry Vlasman, CAA $816.16; Stephanie Vogel, books $134.20; Wagner Real
Estate, inspection fees $500.00; West Group, law books $849.25; Wheelco
Brake & Supplies, cab liner $415.44; City of White, utilities $53.85;
Whiting, Hagg & Hagg, mediation fee $189.04; Terry Wieczorek, CAA $1,790.18;
Chad Wosje, meeting/mileage $39.50; Xerox, maintenance $88.09; Yankton
Co Sheriff, service fees $33.00.
COMMISSION REPORTS
Commissioner Falken reported on the Roberts Rules of Order Training,
Boys Club Meeting, and the Board of Equalization Proceedings.Commissioner
Larson reported on the Board of Equalization Proceedings.Commissioner Negstad
reported on the Roberts Rules of Order Training, Volga Chamber of Commerce,
and the Board of Equalization Proceedings. Commissioner Santema reported
on the Roberts Rules of Order Training and the Board of Equalization Proceedings.
Commissioner Klavetter updated the board on the Roberts Rules of Order
Training, the Brookings Economic Development Corporation, and the Board
of Equalization Proceedings.
OTHER MATTERS
Motion by Larson, seconded by Falken, to approve the recommendations
of the Brookings County Welfare Director for the following applications
for County assistance. Case # 03-001AB for propane and utilities was denied;
Case # 03-051 for medication was approved; Case # 03-052 for medication
was approved; Case # 03-053 for medical bills was denied; Case # 03-005HSC
for admission fee was approved; Case # 02-153 for emergency medical was
denied. Role Call Vote: Negstad “Aye,” Santema “Aye,” Falken
“Aye,” Larson “Aye,” Klavetter “Aye.” Motion passes.
Deputy Auditor, Kelly Bakken presented the board with the Auditors Report. Bakken distributed an invitation from Rich Sattgast and a letter of request from John R. Wood of Woods Inc.
Elections Officer, Stacy Steffensen presented the board with the Commission Assistant/Personnel Director Report. Steffensen updated the board on a Resolution authorizing the use of credit cards, the HIPAA Consultation schedule, planning board concerns with the SD Soybean Processors, Inc., and distributed correspondence from the South Dakota Department of Emergency Management. Be it noted, the board approved the Personnel Action of the hiring of Terri Bortnem as the Part-time Office Assistant for the Zoning and Drainage Department.
Highway Superintendent, Ted Eggebraaten and Brad Wermers, with Banner Associates, Inc met with the board to discuss the County Road 23 project. Eggebraaten updated the board on a request from VeraSun on the extension of the turning lanes on County Road 23. Be it noted, it was the consensus of the board for Eggebraaten to proceed with the extension of the turning lane project. Be it noted, Eggebratten updated the board on E911 sign project, noting the fact that the air compressor used in this project may need to be replaced.
Ron Gogolin, Land and Easement Coordinator with NorthWestern Energy met with the board to submit the permit application and Resolution for Nekota Resources, Inc. Motion by Larson, seconded by Falken, to approve and authorize the chair to sign the Application and Resolution # 03-17. Role Call Vote: Falken “Aye,” Larson “Aye,” Negstad “Aye,” Santema “Aye,” Klavetter “Aye.” Motion passes.
RESOLUTION #03-17
AND RECITALS
I.
WHEREAS, Nekota Resources, Inc, a South Dakota Corporation (Nekota), a Wholly Owned Subsidiary of NorthWestern Corporation, a Delaware corporation, has filed an application with the Brookings County Board of Commissioners pursuant to SDCL Section 7-8-23 on April 22, 2003, seeking the right to construct, lay, maintain and operate natural gas pipelines and mains along certain public highways located in Brookings County, South Dakota.
II.
WHEREAS, the Brookings County Board of Commissioners has the jurisdiction and authority to grant the application of Nekota as set forth in paragraph I above, subject to such conditions as it may desire to impose.
THEREFORE, BE IT RESOLVED by the Brookings County Board of Commissioners as follows:
1. That the application of Nekota dated April 22, 2003, for permission to construct, lay, maintain and operate natural gas pipelines and mains on and along certain public highways in Brookings County as illustrated on the attached Exhibit "A" is granted subject to the conditions set forth herein.
2. That this grant is for a period twenty (20) years from and after April 22, 2003, or as may be extended by the Brookings County Board of Commissioners in writing at a subsequent date.
3. That as consideration for this grant, Nekota agrees to indemnify and hold harmless Brookings County, its officers and employees from any and all liability, damages, claims, demands or otherwise, whether the same is based on contract or otherwise in law or in equity associated with the design, construction, installation, laying, operating, inspecting, repairing, maintaining, replacing and removing of pipes, mains, valves and all other devices used in connection with the operation of its natural gas pipeline located pursuant to this grant, except such liability, damages, claims or demands which arise as a result of the negligence of the county, its officers, employees or agents.
4. That as additional consideration for this grant, Nekota agrees to restore, at its expense, the affected areas in as good condition as before said work was commenced and replace any structures affected, i.e. culverts and signs; and if the county road should be rebuilt or construction and maintenance of the county road requires the removal or relocation of the pipeline, it shall be solely at the expense of Nekota.
5. That the rights and conditions by this grant shall be binding upon the successors and assigns of Nekota.
6. This grant shall further be subject to all rules and regulations as are prescribed by the State of South Dakota relating to the construction, operation and maintenance of gas pipelines and mains.
7. That this grant shall not be effective until execution of the acceptance
of the conditions set forth below by an appropriate officer of Nekota.
Dated this 22nd day of April, 2003.
BROOKINGS COUNTY BOARD OF COMMISSIONERS
By:______________________________________
Emil J. Klavetter
Chairman, Board of County Commissioners
ATTEST:
_______________________
Janet Willmont, County Auditor
Jeff Schultz of the White Care Center and Attorney, Richard Helsper met with the board to discuss the Abatement Application Request for the White Care Center. Motion by Larson, seconded by Negstad, to approve and authorize the chair to sign Abatement Request # 08-03. Motion by Larson, seconded by Negstad, to delay action on the motion until Tuesday, May 6, 2003 until 10:00am. Role Call Vote: Santema “Aye,” Falken “Aye,” Larson “Aye,” Negstad “Aye,” Klavetter “Aye.” Motion to delay action passes.
ADJOURNMENT
The Chair declared the meeting adjourned until 8:30am Tuesday, April 29, 2003.
It is the policy of Brookings County, South Dakota, not to discriminate against the Handicapped in Employment or the Provision of Service. The County of Brookings is responsive to requests for communication aids and the need to provide appropriate access, and will provide alternative formats and accessible locations consistent with the Americans With Disabilities Act.
____________________________________
Kelly Bakken
Deputy Auditor
Brookings County Auditor’s Office