*Vice - Chairman Roger Inman called the Monday August 16, 2010 meeting of the Board of Hughes County Commissioners to order at 5:30 PM with members Norm Weaver, Mark E. Venner, Sr., and Bill M. Abernathy present. Chairman Jim Hardwick was absent. County Manager Kevin Hipple and Sheriff Mike Leidholt were also present. The meeting began with a prayer by Pastor John Fette and the Pledge of Allegiance.

AGENDA: Moved by Abernathy and seconded by Weaver to approve the agenda adding a juvenile contract with Davison County. All voted aye. Motion carried.

MINUTES: Moved by Abernathy and seconded by Venner to approve the minutes of the August 2, 2010 commission meeting. All voted aye. Motion carried.

OLD JAIL: County Manager Kevin Hipple gave the Commission an update on the old jail. Gary Snow began taking samples today and they have not had an opportunity to meet with Fred Thurston.

MOTOR GRADER BIDS: Two bids were received and opened at 11:00 am on August 16, 2010 for three Caterpillar 140H Motor graders that Hughes County has for sale. Mid Country Machinery bid 1286 - $101,000, 1698 - $112,500, and 1699 - $102,500. Butler Machinery bid 1286 - $112,000, 1698 - $116,000, and 1699 - $112,000. The bids exceeded the guaranteed buyback of $98,000. The three motor graders are being sold without snow equipment, which will either be held as spares or sold as the opportunity arises. Moved by Abernathy and seconded by Weaver to award all three motor graders to Butler Machinery, that being the highest bid on each machine. All voted aye. Motion carried.

HIGHWAY DEPT: Moved by Weaver and seconded by Venner to accept the resignation from Highway Department Administrative Assistant Laurel Guiliano effective August 19, 2010. All voted aye. Motion carried.

Moved by Venner and seconded by Weaver to authorize hiring Kylie Husted as Administrative Assistant in the Highway Department effective August 23, 2010 at pay grade 13 minimum of $13.01 per hour. All voted aye. Motion carried.

HOMELAND SECURITY: Moved by Abernathy and seconded by Weaver to authorize the Vice-Chairman to sign equipment transfer letters to the following entities for purchases made from the regional Homeland Security Grant. All voted aye. Motion carried. Pine Ridge Oglala Sioux Tribe - (4) Storm Warning Sirens - $71,900.96; Pine Ridge Oglala Sioux Tribe (CERT) - CERT Starter Kits & Paper for Manuals - $3,526.00; Brule/Buffalo Co. (CERT) - Cargo Trailer - $2,125.00; Lyman County - Portable Generator - $1,599.99; Lyman County - Rescue Saw (Kennebec Fire Dept.) - $2,579.00; Tripp County - Transfer Switch Installation at Winner School - $11,349.49 - Buffalo County - (2) Digital Radios & Equipment (Buffalo Co. Sheriff) - $6,606.71; Gregory County - Security System for Gregory High School - $5,080.82; Gregory County - (15) Motorola Pagers-Burke Ambulance - $5,176.05 - Jones County - Pike Poles - $209.01; Jones County – Pagers (Jones Co. Ambulance) - $ 1,478.49; Jones County (CERT) - Lanterns, Weather Instruments, Stop/Slow Paddles, Medical Kits, Gloves - $1,438.05; Todd County - Material for Installation & Programming Radios - $1,603.00; Jones County - Mounting Bases for MDT’s (Jones Co. Sheriff) - $226.46; Stanley County (Sheriff) - (5) Laptop Computers - $6,209.11; Pierre Police Department - (6) Laptop Computers & Docking Stations - $ 7,128.00; Cheyenne River Sioux Tribe - (5) Mobile & (4) Portable Radios - $23,826.00; Sisseton Wahpeton Sioux Tribe (2) Digital & (1) Mobile Radio w/Installation & Programming - $ 5,782.20.

EMERGENCY MANAGEMENT SURPLUS PROPERTY: Moved by Abernathy and seconded by Venner to declare a 1994 Ford Bronco as surplus and authorize selling it at the state auction September 15^th. All voted aye. Motion carried.

INDIGENT DEFENDER: Moved by Abernathy and seconded by Weaver to authorize the Vice-Chairman to sign the supplemental public defender contract with Wade Reimers for 2011 in the amount of $40,000 per year (the same rate as 2010). All voted aye. Motion carried.

LIGHTING PROPOSALS: Proposals were received from Nystrom Electric and Larry’s Electric to retrofit the lighting in the Courthouse and the Highway shop. Each contractor did their own evaluation of the facilities to come up with their recommendation on what should be replaced and the new product to be installed. Randy Schumacher from Nystrom Electric was present to explain their bid.

Bids for the courthouse were as follows: Larry’s Electric Base Bid - $15,780, Incentive - $2,222, Cost after incentive - $13,558; Larry’s Electric Option B - $18,687, Incentive - $3,193, Cost after incentive - $15,494; Nystrom Electric – $12,588.50, Incentive - $4,198, Cost after incentive - $8,390.50.

Moved by Weaver and seconded by Venner to proceed with the proposal from Nystrom Electric to replace light fixtures for more energy efficient lighting in the courthouse. All voted aye. Motion carried.

The proposal to update the highway shop will be held over so Nystrom Electric can check with Oahe Electric to see if there are any rebates available.

TAX ABATEMENT: Moved by Venner and seconded by Weaver to approve abating the 2010 and prior taxes in the amount of $7,869.12 on property acquired by tax deed described as Lot 5 in Oahe Acres in the SE1/4 of Section 32-112-79. All voted aye. Motion carried.

Moved by Venner and seconded by Abernathy to direct the States Attorney to proceed with an eviction notice so that it can be offered for sale. All voted aye. Motion carried.

CONTINGENCY TRANSFER: Moved by Abernathy and seconded by Weaver to approve transferring $4,548.23 from the contingency budget to the court appointed attorney budget and $9,293.74 to the mentally ill budget. All voted aye. Motion carried.

HARROLD POLLING PLACE: Moved by Weaver and seconded by Abernathy to move the polling place in Harrold from the Fire Hall to the City Auditorium at 206 W. Nixon in Harrold for the General Election to be held November 2, 2010. All voted aye. Motion carried.

AIRPORT ANNEXATION: Moved by Abernathy and seconded by Weaver to approve the following resolution in support of the City of Pierre annexing property near the airport. All voted aye. Motion carried.

RESOLUTION NO. 2010-15

Resolution of Support for City of Pierre Airport Annexation

WHEREAS, the Federal Aviation Administration requires that the City of Pierre extend the airport clear zone for runway 25 to the east by 67 feet; and

WHEREAS, the City of Pierre owns Pierre Airport Addition Tracts 9 and 10, which they intend to annex into the city boundaries; and

WHEREAS, the two parcels are platted and contiguous to the city limits and the northeast corner of the Pierre Airport property.

NOW, THEREFORE, BE IT RESOLVED that the Hughes County Commission fully supports annexation of Pierre Airport Addition Tracts 9 and 10 into the municipal boundary of the City of Pierre in order to accommodate an extension of the airport clear zone.

JUVENILE SERVICES CENTER: Moved by Abernathy and seconded by Weaver to authorize the Vice-Chairman to sign a contract with Davison County to use the Hughes County Juvenile Services Center. All voted aye. Motion carried.

2011 BUDGET: The Commission discussed a few items for the 2011 budget.

CLAIMS: Moved by Venner and seconded by Abernathy to approve the following verified claims. All voted aye. Motion carried. A-OX WELDING 22.01 SUPPLIES, ADAMSKI LAW OFFICE 7906.00 PUBLIC DEFENDER, ALL NATIONS OFFICE & TECH 1456.97 CERT MANUAL #08903, AMERICAN HORSE, CHARLENE 20.00 WITNESS, AMERICAN HORSE, CHARLES 20.37 WITNESS, AMERICAN MEDICAL RESPONSE 3741.87 INV 138392, AMERICAN MEDICAL RESP 248.91 ACCT# 4511000026500, ANIMAL CLINIC OF PIERRE 369.00 INV 51730 IMPOUNDS, BECK, RUTH 100.48 SUPPLIES & TRAVEL, BLUNT CASH STORE 318.48 INV 3038 & 3059, BLUNT CITY 40.00 WATER & SEWER, BOTTOM LINE WELDING 3330.00 REPAIR #5624, BUHLS LAUNDRY 22.50 MENDING #5508 & 5859, BUREAU OF ADMINISTRATION 480.91 SERVICES, BUREAU OF ADMINISTRATION 210.99 TELEPHONE TL107004 & TL107064, CAPITAL JOURNAL 618.59 PUBLISHING, CARLSON, LYNN 300.77 SUBSISTENCE & SUPPLIES, CBM FOOD SERVICE 7604.50 FOOD #29985, 29838, CENTURY BUSINESS PRODUCTS INC 1670.92 42889,43239,40310,41752,G70572, CHANDLERS INC 72.00 INV 1031720, CHOLIK SIGN CO 35.00 DECAL #4347, CODY, DENISE 15.00 MI-D.B.S., COLE PAPERS INC 2022.89 CLEANING SUPPLIES, CONE AG INC 75.00 ID#10201 REPAIRS, CONNECTING POINT 11322.99 CONTRACTS, COWMAN, JAMES 22.22 WITNESS, DAKOTA SUPPLY GROUP 124.53 SUPPLIES, DAMON LAW OFFICE 1034.73 CT APPT S.P., DEAL, MELISSA 21.48 WITNESS, DEPARTMENT OF CORRECTIONS 2918.40 TRUSTEE/LAUNDRY/UTILITIES, DEPT OF REVENUE 140.00 BAC, DONNA DIETRICH 138.64 MI-D.B.S., DISABLED AMERICAN VETERANS 150.00 TRANSPORTATION, EDDIES TRUCK SALES INC 4218.00 REPAIRS/FILTERS/SUPPLIES, ENVIROTECH WASTE SERVICE 582.77 GARBAGE, FACILITIES & SERVICE 9.07 #201006127 NAME PLATE, FAGERLAND, JORDRE 20.00 WITNESS, FARNHAM GENUINE PARTS 213.76 SUPPLIES/FILTERS, FSH COMMUNICATIONS 60.00 #000378982 PAYPHONE, GA JOHNSON CONSTRUCTION 20000.00 INV 1568, GRIMMS PUMP & INDUSTRIAL 231.17 SUPPLIES #23296, GUPTILL, JONATHAN 20.37 WITNESS, HOFFMAN OIL 4616.08 FUEL #52049, INGRAM PEST SERVICE 72.00 INV 15747, JACOBSON, LORI 192.80 TRAVEL, KABEISEMAN & POLLARD 199.80 MI-D.G., KLEINS ABERDEEN 55.00 #146516, 146471, KLEINS OFFICE FURNITURE 177.00 #12591, KLEINS OFFICE PLUS 184.16 SUPPLIES, KLEINSCHMIDT, RANDY 316.11 TRAVEL, KONE INC 228.24 INV 220434151 ELEVATOR, LACAL EQUIPMENT 3601.50 #0123398IN BLADES/NUTS/BOLTS, LAPOINTE, YVONNE 20.37 WITNESS, LEWIS & CLARK BHS 1136.00 MI-QMHP EVALS, LINCOLN CO TREASURER 398.02 MI-MR,DK,CG,CB, MAGEE LAW FIRM 7589.00 PUBLIC DEFENDER, MEDICAL WASTE TRANSPORT 129.60 #45136, MICROFIX COMPUTERS, INC 33.95 #128247 / SWITCH, MID DAKOTA RURAL WATER SYSTEM 38.60 UTILITIES, MIDWEST COOP 24868.34 FUEL & GAS, MIDWEST TIRE & MUFFLER 586.44 PHUG02 REPAIRS, MOLLARD, DALTON 20.00 WITNESS, MONFORE, BARRY 26.66 ACCT B0700IWS, MONTANA DAKOTA UTILITIES 19.34 UTILITIES, MORPHOTRAK INC 4222.00 INV 102385/CUST HU050C, MORRIS INC 16598.67 INV 559038, NILL & ASSOC 433.56 INV 20861, NORTHERN TIER CONSULTING 800.00 INV 2010-35 TRAINING, OAHE ELECTRIC COOP INC 282.53 UTILITIES, PAUL, BREA 21.48 WITNESS, PEASE, CAMERON 22.22 WITNESS, PENNINGTON CO JAIL 845.20 PRISONER TRANS JULY 2010, PIZZA RANCH 132.48 MEALS-EXERCISE PLANNING, PRO BUILD 46.69 #696322 PLYWOOD/CUT, PRYNTCOMM 118.00 #25631 ENVELOPES, QWEST 983.73 PHONE, QWEST 473.78 FRAME RELAY, RAPID CITY REGIONAL HOSPITAL 698.00 MI-RJ/INV# RCCM2776, CATHY REHFUSS 15.00 MI-D.B.S., WADE REIMERS 3333.33 SUPP PUBLID DEFENDER, DOUG RIPLEY 1416.66 CONTRACT WORK, RIVER CITIES TRANSIT 2583.33 MONTHLY ALLOCATION, ROBINS WATER CONDITIONING INC 582.00 WATER/SALT, RUNNINGS SUPPLY 355.62 SUPPLIES, SCHMIDT SCHROYER MORENO & LEE 139.84 MI- INV 17128, SCHREIBER LAW OFFICE 715.60 CT APPT 1199,1260,1270,1151, SD ACHIEVE 60.00 MI - INV 17403, SDACC 748.84 CLERP, SDHSC 600.00 PSYCH EVAL K.R.T., SDHSC 600.00 PSYCH EVAL A.P., SDPAA 645.00 # 8576 & 8577, SDPOA 300.00 MEMBERSHIP, SERVALL UNIFORM & LINEN CO 495.43 RUGS ETC, SHANES PHARMACY 483.86 INMATE MEDICATIONS/OVER COUNT, SHARPE RENTAL INC 110.00 #469 CARPET CLEANER, SPRINT 9.25 LONG DISTANCE, ST MARYS HEALTHCARE 2532.79 SERVICES, ST MARYS HEALTHCARE 1624.00 QMHP EVALS, STATE INDUSTRIAL PRODUCTS 143.35 INV 94720812, SUTLEYS SUPER SAVINGS STORE 18.96 #00040050 FOOD, SWEETMAN, TIM 20.37 WITNESS, VELVET UNIFORMS COM 632.71 UNIFORMS #1247, VERIZON 696.00 CELL PHONE, VETERANS INFORMATION SRV 73.00 DESK MANUALS & NEWSLETTER, VILAS PHARMACY 380.08 ACCT# 48189 VACCINE, W W TIRE 2031.06 ACCT 3964, WESTERN SD JUVENILE SERVICES 600.00 JUV HOLD #447, WHEELCO TRUCK & TRAILER 85.50 #36866 SUPPLIES, WHISTLESTOP PACKAGE CENTER 8.26 INV JUL2010-27 SHIPPING, YOUNGBERG & SONS INC 82.50 #149977 PAINT, ZANDER AUTO PARTS 509.46 ACCT 23950 REPAIRS/SUPPLIES.

EXECUTIVE SESSION: Moved by Abernathy and seconded by Venner to go into executive session to discuss indigent medical claims and personnel. All voted aye. Motion carried. Moved by Abernathy and seconded by Weaver to go out of executive session. All voted aye. Motion carried.

INDIGENT CLAIMS: Moved by Weaver and seconded by Venner to deny a claim from St. Mary’s Hospital for T.J. for 05/20/2010 in the amount of $1,925.57. All voted aye. Motion carried.

Moved by Weaver and seconded by Abernathy to adjourn the meeting until 3:00 PM on Tuesday September 7, 2010. All voted aye. Motion carried.

*Chairman Jim Hardwick called the Monday August 2, 2010 meeting of the Board of Hughes County Commissioners to order at 5:30 PM with members Mark E. Venner, Sr., Roger Inman, and Bill M. Abernathy present. Commissioner Norm Weaver was absent. County Manager Kevin Hipple and Sheriff Mike Leidholt were also present. The meeting began with a prayer by Pastor John Fette and the Pledge of Allegiance.

AGENDA: Moved by Venner and seconded by Abernathy to approve the agenda. All voted aye. Motion carried.

MINUTES: Moved by Abernathy and seconded by Inman to approve the minutes of the July 19, 2010 Commission meeting. All voted aye. Motion carried.

NEW JAIL: Derek McTighe with Brosz Engineering presented an application for payment. Moved by Inman and seconded by Venner to approve final payment to Morris Inc. in the amount of $5,220.60 for jail site work. All voted aye. Motion carried.

McTighe also presented preliminary plans for additional work at the new jail and the rural fire station. The Commission advised him to proceed with getting three quotes for each project.

EMERGENCY MANAGEMENT: Emergency Manager Rob Fines met with the Commission and presented a “Conditional Grant Award” letter in the amount of $705,565.15 from the State Homeland Security Grant Program. This would be for South Dakota Region Three/Four for October 1, 2010 to September 30, 2010. Moved by Abernathy and seconded by Inman to authorize the Chairman to sign the document. All voted aye. Motion carried.

RECOVERY ZONE BONDS: Moved by Inman and seconded by Abernathy to approve the following Recovery Zone Bond Resolutions contingent on the Chairman, County Manager, and States Attorney reviewing and approving the documents with Toby Morris with Northland Securities. All voted aye. Motion carried.

HUGHES COUNTY RESOLUTION NO. 2010-15

RESOLUTION ALLOCATING RECOVERY ZONE FACILITY ALLOCATION, ACKNOWLEDGING RECOVERY ZONE DESIGNATION, AUTHORIZING THE ISSUANCE OF RECOVERY ZONE FACILITY REVENUE BONDS, SERIES 2010A, HUGHES COUNTY, SOUTH DAKOTA, IN THE PRINCIPAL AMOUNT NOT TO EXCEED $7,000,000, TO PROVIDE FUNDS TO CONSTRUCT A NEW CLUB HOUSE INN AND SUITES HOTEL AND A 4,000 SQ. FT. CONFERENCE CENTER, APPROVING AND AUTHORIZING THE EXECUTION OF DOCUMENTS RELATING TO THE BONDS; APPROVING AND AUTHORIZING THE EXECUTION OF THE DOCUMENTS AND THE BONDS; AND AUTHORIZING THE EXECUTION AND DELIVERY OF CERTAIN RELATED DOCUMENTS.

WHEREAS, a public hearing was held on July 6, 2010 providing an opportunity to hear public comment on the request by Midwest Regency Ventures (“Borrower”), for the issuance by the County of its bonds, in one or more series, in the maximum aggregate principal dollar amount of $7,000,000 (the “Bonds”);

WHEREAS, the County Commission has heard comments and determines that it in the best interest of the County to issue the Bonds.

BE IT RESOLVED by Hughes County Commissioners, Hughes County, South Dakota (the “County”), as follows:

Section 1. Authority. The County is authorized pursuant to the Constitution and laws of the State of South Dakota, including South Dakota Codified Laws Section 7-18-16 and Chapter 9-54, as amended (the “Act”), in order to promote, stimulate and develop the general economic welfare and prosperity of said Hughes County (the “County”) and of the State of South Dakota (the “State”) through the promotion and advancement of commercial and industrial development and to encourage and assist in the expansion of business in said County and State by providing greater employment opportunities, thus promoting the general welfare of the citizens of said County and State, it is necessary and advisable and in the best interest of said County and State to issue bonds for the purpose of providing funds to acquire, construct a new Club House Inn and Suites Hotel and a 4,000 sq. ft. conference center, located at All of Block 1, Haggar & Tidball Addition Pierre, Hughes County, South Dakota (the “Project”).

Section 2. Authorization of Documents. The County hereby declares a necessity and determines that it is desirable and expedient to and does hereby authorize the issuance of the bonds of the County pursuant to the Act to provide funds to enable Midwest Regency Ventures (the “Borrower”) to construct and equip the Project.

Section 3. Documents. The following documents collectively referred to as the “Documents” relating to the Bonds are hereby approved and shall be filed when in final form in the office of the County Auditor and open to public inspection:

A. Revenue Agreement. The Revenue Agreement or such other documents, (the “Revenue Agreement”), between the County and Borrower, whereby the Borrower agrees to provide amounts sufficient to pay, when due, the principal and interest on the Bonds.

B. Bonds. The County shall issue, in an amount not to exceed $7,000,000, Recovery Zone Facility Bonds, Series 2010A or such other designation as may be approved (the “Bonds”), dated in 2010. The Bond form and the Bonds are, in all respects, hereby authorized, approved and confirmed, and the Chairman, County Auditor and other appropriate officials shall be and they are hereby authorized and directed to execute and seal the Bonds and to deliver the Bonds to the purchasers thereof, for and on behalf of the County, upon receipt of the purchase price, and to deposit the proceeds thereof in the manner provided for by the Revenue Agreement.

C. Bond Purchase Agreement. The Bond Purchase Agreement (the “Bond Purchase Agreement”) shall provide the terms of purchase of the Bonds.

Section 4. Limited Obligations and Pledge. The Bonds, together with the interest thereon, shall be limited obligations of the County payable solely out of the payments, revenues and receipts received by the County pursuant to the Revenue Agreement, which payments, revenues and receipts are hereby pledged and assigned for the equal and ratable payments of the Bonds and shall be used for no other purpose than to pay the principal of and interest on the Bonds, except as may be otherwise expressly authorized in the Revenue Agreement. The bonds and the interest thereon shall not constitute an indebtedness of the County within the meaning of Article XIII Section IV or any statutory limitation and shall not constitute or give rise to a pecuniary liability of the County or its officers, agents or employees, or a charge against the County’s general credit or taxing power.

Section 5. Registration Records. The County, as registrar, shall keep registration records which shall set forth the name and registered address of the registered owner of the Bonds from time to time. Transfer of ownership of the Bonds shall be reflected in such registration records, as provided herein. The County shall comply with the provisions of Section 149 of the Internal Revenue Code.

Section 6. Authorization to Execute and Deliver. The Chairman, County Auditor, County State’s Attorney and other County officials shall be and they are hereby authorized to execute and deliver for and on behalf of the County any and all other certificates, documents or other papers and to perform such other acts as they may deem necessary or appropriate in order to implement and carry out the matters herein authorized.

Section 7. Designation of Recovery Zone. Hughes County does hereby designate the entire County as a recovery zone as more fully set forth in the recovery zone study on file with the Auditor and open to public inspection. Such Project is in and is hereby designated a recovery zone.

Section 8. Allocation of Recovery Zone Allocation. The County does hereby sub allocate $7,000,000 of the Recovery Zone Facility Bond allocation to the Project. The County Auditor is directed to record said allocation in the records of the County regarding Recovery Zone Facility Bond allocations.

Section 9. Designation as Recovery Zone Facility Bonds. The County does hereby designate the Bonds as Recovery Zone Facility Bonds within the meaning of Section 1400U-3(b) of the Internal Revenue Code (the “Code”).

Section 10. Tax Matters. The Bonds shall be treated as “Exempt Facility Bond” under sections 141 through 150 of the Code. The County covenants that 95% or more of the net proceeds of the Bonds will be used for recovery zone property and the Bonds will be issued prior to January 1, 2011.

Section 11. Reimbursement. The proceeds of the Bonds may be used for all costs for which proceeds on such bonds may be used under the Act and the Code, including, but not limited to, reimbursement of the Borrower for such costs incurred subsequent to the date hereof. This Resolution shall be deemed to constitute a declaration of the County’s official intent pursuant to Treasury Regulation Section 1.150-2 to permit the Borrower to be reimbursed from proceeds of the bonds for all qualified expenditures for the Project paid during the period beginning sixty (60) days prior to the date hereof until the date of issuance of the bonds.

Section 12. Borrower Reliance. The Borrower may proceed with the acquisition, construction, installation and equipping of the Project in reliance on this Resolution.

Section 13. Insurance. The Borrower shall provide proof of insurance on an annual basis.

Section 14. Partial Invalidity. If any one or more of the provisions of this Resolution shall be held invalid, illegal, or unenforceable in any respect, by final decree of any court of lawful jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, or of any exhibit or attachment thereto, but this Resolution shall be construed the same as if such invalid, illegal, or unenforceable provision had never been contained herein, or therein, as the case may be.

HUGHES COUNTY RESOLUTION NO. 2010-16

RESOLUTION ALLOCATING RECOVERY ZONE FACILITY ALLOCATION, ACKNOWLEDGING RECOVERY ZONE DESIGNATION, AUTHORIZING THE ISSUANCE OF RECOVERY ZONE FACILITY REVENUE BONDS, SERIES 2010B, HUGHES COUNTY, SOUTH DAKOTA, IN THE PRINCIPAL AMOUNT NOT TO EXCEED $2,000,000, TO PROVIDE FUNDS TO CONSTRUCT A NEW RESTAURANT, APPROVING AND AUTHORIZING THE EXECUTION OF DOCUMENTS RELATING TO THE BONDS; APPROVING AND AUTHORIZING THE EXECUTION OF THE DOCUMENTS AND THE BONDS; AND AUTHORIZING THE EXECUTION AND DELIVERY OF CERTAIN RELATED DOCUMENTS.

WHEREAS, a public hearing was held on July 6, 2010 providing an opportunity to hear public comment on the request by From Scratch, LLC (“Borrower”), for the issuance by the County of its bonds, in one or more series, in the maximum aggregate principal dollar amount of $2,000,000 (the “Bonds”);

WHEREAS, the County Commission has heard comments and determines that it in the best interest of the County to issue the Bonds.

BE IT RESOLVED by Hughes County Commissioners, Hughes County, South Dakota (the “County”), as follows:

Section 1. Authority. The County is authorized pursuant to the Constitution and laws of the State of South Dakota, including South Dakota Codified Laws Section 7-18-16 and Chapter 9-54, as amended (the “Act”), in order to promote, stimulate and develop the general economic welfare and prosperity of said Hughes County (the “County”) and of the State of South Dakota (the “State”) through the promotion and advancement of commercial and industrial development and to encourage and assist in the expansion of business in said County and State by providing greater employment opportunities, thus promoting the general welfare of the citizens of said County and State, it is necessary and advisable and in the best interest of said County and State to issue bonds for the purpose of providing funds to acquire, construct a new restaurant located at All of Block 1, Haggar & Tidball Addition, Pierre, Hughes County, South Dakota (the “Project”).

Section 2. Authorization of Documents. The County hereby declares a necessity and determines that it is desirable and expedient to and does hereby authorize the issuance of the bonds of the County pursuant to the Act to provide funds to enable From Scratch, LLC (the “Borrower”) to construct and equip the Project.

Section 3. Documents. The following documents collectively referred to as the “Documents” relating to the Bonds are hereby approved and shall be filed when in final form in the office of the County Auditor and open to public inspection:

A. Revenue Agreement. The Revenue Agreement or such other documents, (the “Revenue Agreement”), between the County and Borrower, whereby the Borrower agrees to provide amounts sufficient to pay, when due, the principal and interest on the Bonds.

B. Bonds. The County shall issue, in an amount not to exceed $2,000,000, Recovery Zone Facility Bonds, Series 2010B or such other designation as may be approved (the “Bonds”), dated in 2010. The Bond form and the Bonds are, in all respects, hereby authorized, approved and confirmed, and the Chairman, County Auditor and other appropriate officials shall be and they are hereby authorized and directed to execute and seal the Bonds and to deliver the Bonds to the purchasers thereof, for and on behalf of the County, upon receipt of the purchase price, and to deposit the proceeds thereof in the manner provided for by the Revenue Agreement.

C. Bond Purchase Agreement. The Bond Purchase Agreement (the “Bond Purchase Agreement”) shall provide the terms of purchase of the Bonds.

Section 4. Limited Obligations and Pledge. The Bonds, together with the interest thereon, shall be limited obligations of the County payable solely out of the payments, revenues and receipts received by the County pursuant to the Revenue Agreement, which payments, revenues and receipts are hereby pledged and assigned for the equal and ratable payments of the Bonds and shall be used for no other purpose than to pay the principal of and interest on the Bonds, except as may be otherwise expressly authorized in the Revenue Agreement. The bonds and the interest thereon shall not constitute an indebtedness of the County within the meaning of Article XIII Section IV or any statutory limitation and shall not constitute or give rise to a pecuniary liability of the County or its officers, agents or employees, or a charge against the County’s general credit or taxing power.

Section 5. Registration Records. The County, as registrar, shall keep registration records which shall set forth the name and registered address of the registered owner of the Bonds from time to time. Transfer of ownership of the Bonds shall be reflected in such registration records, as provided herein. The County shall comply with the provisions of Section 149 of the Internal Revenue Code.

Section 6. Authorization to Execute and Deliver. The Chairman, County Auditor, County State’s Attorney and other County officials shall be and they are hereby authorized to execute and deliver for and on behalf of the County any and all other certificates, documents or other papers and to perform such other acts as they may deem necessary or appropriate in order to implement and carry out the matters herein authorized.

Section 7. Designation of Recovery Zone. Hughes County does hereby designate the entire County as a recovery zone as more fully set forth in the recovery zone study on file with the Auditor and open to public inspection. Such Project is in and is hereby designated a recovery zone.

Section 8. Allocation of Recovery Zone Allocation. The County does hereby sub allocate $2,000,000 of the Recovery Zone Facility Bond allocation to the Project. The County Auditor is directed to record said allocation in the records of the County regarding Recovery Zone Facility Bond allocations.

Section 9. Designation as Recovery Zone Facility Bonds. The County does hereby designate the Bonds as Recovery Zone Facility Bonds within the meaning of Section 1400U-3(b) of the Internal Revenue Code (the “Code”).

Section 10. Tax Matters. The Bonds shall be treated as “Exempt Facility Bond” under sections 141 through 150 of the Code. The County covenants that 95% or more of the net proceeds of the Bonds will be used for recovery zone property and the Bonds will be issued prior to January 1, 2011.

Section 11. Reimbursement. The proceeds of the Bonds may be used for all costs for which proceeds on such bonds may be used under the Act and the Code, including, but not limited to, reimbursement of the Borrower for such costs incurred subsequent to the date hereof. This Resolution shall be deemed to constitute a declaration of the County’s official intent pursuant to Treasury Regulation Section 1.150-2 to permit the Borrower to be reimbursed from proceeds of the bonds for all qualified expenditures for the Project paid during the period beginning sixty (60) days prior to the date hereof until the date of issuance of the bonds.

Section 12. Borrower Reliance. The Borrower may proceed with the acquisition, construction, installation and equipping of the Project in reliance on this Resolution.

Section 13. Insurance. The Borrower shall provide proof of insurance on an annual basis.

Section 14. Partial Invalidity. If any one or more of the provisions of this Resolution shall be held invalid, illegal, or unenforceable in any respect, by final decree of any court of lawful jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, or of any exhibit or attachment thereto, but this Resolution shall be construed the same as if such invalid, illegal, or unenforceable provision had never been contained herein, or therein, as the case may be.

HUGHES COUNTY RESOLUTION NO. 2010-17

RESOLUTION ALLOCATING RECOVERY ZONE FACILITY ALLOCATION, ACKNOWLEDGING RECOVERY ZONE DESIGNATION, AUTHORIZING THE ISSUANCE OF RECOVERY ZONE FACILITY REVENUE BONDS, SERIES 2010C, HUGHES COUNTY, SOUTH DAKOTA, IN THE PRINCIPAL AMOUNT NOT TO EXCEED $2,000,000, TO PROVIDE FUNDS TO CONSTRUCT A NEW 15,000 SQ. FT. OFFICE BUILDING, APPROVING AND AUTHORIZING THE EXECUTION OF DOCUMENTS RELATING TO THE BONDS; APPROVING AND AUTHORIZING THE EXECUTION OF THE DOCUMENTS AND THE BONDS; AND AUTHORIZING THE EXECUTION AND DELIVERY OF CERTAIN RELATED DOCUMENTS.

WHEREAS, a public hearing was held on July 6, 2010 providing an opportunity to hear public comment on the request by Kevin Thom, or designated company or designated company to be created (“Borrower”), for the issuance by the County of its bonds, in one or more series, in the maximum aggregate principal dollar amount of $2,000,000 (the “Bonds”);

WHEREAS, the County Commission has heard comments and determines that it in the best interest of the County to issue the Bonds.

BE IT RESOLVED by Hughes County Commissioners, Hughes County, South Dakota (the “County”), as follows:

Section 1. Authority. The County is authorized pursuant to the Constitution and laws of the State of South Dakota, including South Dakota Codified Laws Section 7-18-16 and Chapter 9-54, as amended (the “Act”), in order to promote, stimulate and develop the general economic welfare and prosperity of said Hughes County (the “County”) and of the State of South Dakota (the “State”) through the promotion and advancement of commercial and industrial development and to encourage and assist in the expansion of business in said County and State by providing greater employment opportunities, thus promoting the general welfare of the citizens of said County and State, it is necessary and advisable and in the best interest of said County and State to issue bonds for the purpose of providing funds to acquire, construct a new 15,000 sq. ft. office building located at Southeast section of intersection of Hwy 1804 and Hwy 83, Pierre, Hughes County, South Dakota (the “Project”).

Section 2. Authorization of Documents. The County hereby declares a necessity and determines that it is desirable and expedient to and does hereby authorize the issuance of the bonds of the County pursuant to the Act to provide funds to enable Kevin Thom, (or designated company to be created) (the “Borrower”) to construct and equip the Project.

Section 3. Documents. The following documents collectively referred to as the “Documents” relating to the Bonds are hereby approved and shall be filed when in final form in the office of the County Auditor and open to public inspection:

A. Revenue Agreement. The Revenue Agreement or such other documents, (the “Revenue Agreement”), between the County and Borrower, whereby the Borrower agrees to provide amounts sufficient to pay, when due, the principal and interest on the Bonds.

B. Bonds. The County shall issue, in an amount not to exceed $2,000,000, Recovery Zone Facility Bonds, Series 2010C or such other designation as may be approved (the “Bonds”), dated in 2010. The Bond form and the Bonds are, in all respects, hereby authorized, approved and confirmed, and the Chairman, County Auditor and other appropriate officials shall be and they are hereby authorized and directed to execute and seal the Bonds and to deliver the Bonds to the purchasers thereof, for and on behalf of the County, upon receipt of the purchase price, and to deposit the proceeds thereof in the manner provided for by the Revenue Agreement.

C. Bond Purchase Agreement. The Bond Purchase Agreement (the “Bond Purchase Agreement”) shall provide the terms of purchase of the Bonds.

Section 4. Limited Obligations and Pledge. The Bonds, together with the interest thereon, shall be limited obligations of the County payable solely out of the payments, revenues and receipts received by the County pursuant to the Revenue Agreement, which payments, revenues and receipts are hereby pledged and assigned for the equal and ratable payments of the Bonds and shall be used for no other purpose than to pay the principal of and interest on the Bonds, except as may be otherwise expressly authorized in the Revenue Agreement. The bonds and the interest thereon shall not constitute an indebtedness of the County within the meaning of Article XIII Section IV or any statutory limitation and shall not constitute or give rise to a pecuniary liability of the County or its officers, agents or employees, or a charge against the County’s general credit or taxing power.

Section 5. Registration Records. The County, as registrar, shall keep registration records which shall set forth the name and registered address of the registered owner of the Bonds from time to time. Transfer of ownership of the Bonds shall be reflected in such registration records, as provided herein. The County shall comply with the provisions of Section 149 of the Internal Revenue Code.

Section 6. Authorization to Execute and Deliver. The Chairman, County Auditor, County State’s Attorney and other County officials shall be and they are hereby authorized to execute and deliver for and on behalf of the County any and all other certificates, documents or other papers and to perform such other acts as they may deem necessary or appropriate in order to implement and carry out the matters herein authorized.

Section 7. Designation of Recovery Zone. Hughes County does hereby designate the entire County as a recovery zone as more fully set forth in the recovery zone study on file with the Auditor and open to public inspection. Such Project is in and is hereby designated a recovery zone.

Section 8. Allocation of Recovery Zone Allocation. The County does hereby sub allocate $2,000,000 of the Recovery Zone Facility Bond allocation to the Project. The County Auditor is directed to record said allocation in the records of the County regarding Recovery Zone Facility Bond allocations.

Section 9. Designation as Recovery Zone Facility Bonds. The County does hereby designate the Bonds as Recovery Zone Facility Bonds within the meaning of Section 1400U-3(b) of the Internal Revenue Code (the “Code”).

Section 10. Tax Matters. The Bonds shall be treated as “Exempt Facility Bond” under sections 141 through 150 of the Code. The County covenants that 95% or more of the net proceeds of the Bonds will be used for recovery zone property and the Bonds will be issued prior to January 1, 2011.

Section 11. Reimbursement. The proceeds of the Bonds may be used for all costs for which proceeds on such bonds may be used under the Act and the Code, including, but not limited to, reimbursement of the Borrower for such costs incurred subsequent to the date hereof. This Resolution shall be deemed to constitute a declaration of the County’s official intent pursuant to Treasury Regulation Section 1.150-2 to permit the Borrower to be reimbursed from proceeds of the bonds for all qualified expenditures for the Project paid during the period beginning sixty (60) days prior to the date hereof until the date of issuance of the bonds.

Section 12. Borrower Reliance. The Borrower may proceed with the acquisition, construction, installation and equipping of the Project in reliance on this Resolution.

Section 13. Insurance. The Borrower shall provide proof of insurance on an annual basis.

Section 14. Partial Invalidity. If any one or more of the provisions of this Resolution shall be held invalid, illegal, or unenforceable in any respect, by final decree of any court of lawful jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, or of any exhibit or attachment thereto, but this Resolution shall be construed the same as if such invalid, illegal, or unenforceable provision had never been contained herein, or therein, as the case may be.

ENHANCEMENT DISTRICT: Moved by Venner and seconded by Abernathy to authorize the Chairman to sign the “Fiscal Year 2011 Statement of Extension to the Joint Cooperative Agreement and Financial Commitment” with the Central South Dakota Enhancement District for $12,740.50 for 2011. All voted aye. Motion carried.

EMPLOYMENT BACKGROUND CHECK: Moved by Venner and seconded by Abernathy to give first reading to “AN ORDINANCE FOR STATE AND FEDERAL CRIMINAL BACKGROUND INVESTIGATIONS FOR APPLICANTS FOR COUNTY EMPLOYMENT” and authorize advertising a hearing for 3:10 PM on Tuesday September 7, 2010 to consider adoption of said ordinance. All voted aye. Motion carried.

OLD JAIL: County Manager Kevin Hipple gave the Commission an update on his research for the old jail.

Fred Thurston has indicated he is willing to work with the Commission to develop a workable lease and buyback agreement using whatever terms that would be fair to both sides.

Loren Schaefer with Brosz Engineering estimates that renovating the old jail building would cost $1.9 to $2.25 million to bring it up to a minimum and acceptable level for office space. He also estimated that demolishing the old jail would cost $150,000 to $200,000 to raze the building, cap the utilities and fill the hole. He estimates the parking lot would cost $57,000 to $65,000 for 6000 square feet. The parking lot proposed by Thurston would be 90x130 or 11,700 square feet. Schaefer’s numbers extrapolated to that size would be $111,150 to $126,750.

Mark Morris of Morris, Inc. has estimated that it would cost $80,000 to demolish the old jail building. That would not include any environmental abatement, taxes, bonds or rubble disposal fees. He estimated that a concrete parking lot would cost $135,000 not including taxes, bonds or landscaping.

The basic winterization in the old jail will cost around three thousand dollars. That will not include moving the sprinkler system, electrical service, radios or the generator. A local plumber warned that if the heat is turned off in the building the roof drains could freeze up and cause problems on the roof.

The Commission took no action.

EXECUTIVE SESSION: Moved by Abernathy and seconded by Venner to go into executive session to discuss indigent claims and personnel. All voted aye. Motion carried. Moved by Abernathy and seconded by Inman to go out of executive session. All voted aye. Motion carried.

INDIGENT CLAIMS: Moved by Venner and seconded by Abernathy to pay claim number 20100621-01 from St. Mary’s Hospital for F.N. 04/18/10 in the amount of $1,926.46. All voted aye. Motion carried.

Moved by Venner and seconded by Abernathy to pay claim number 20100604-01 from the Heart Hospital for F.N. 04/18/10 – 04/21/10 in the amount of $14,851.71. All voted aye. Motion carried.

2011 BUDGET: Moved by Inman and seconded by Abernathy to approve the 2011 Provisional Budget as presented with changes from the July 19^th meeting and authorize publishing the budget and notice of hearing as required. All voted aye. Motion carried.

CLAIMS: Moved by Abernathy and seconded by Inman to approve the following claims. All voted aye. Motion carried. ABBOTT LABORATORIES 2228.24 FLU VACCINE #931926777, ALLTEL 278.95 AIR CARDS, AVERA MEDICAL ASSOC CLINIC 90.00 DRUG TEST #1102367MAC, BAME, AARON 22.22 WITNESS, BOB BARKER COMPANY 1189.57 JUV CLOTH WEB000134699, BUREAU OF ADMINISTRATION 963.55 POST/SERV/DP006206, BUTLER 5317.92 REPAIRS/SUPPLIES/C45841, CAPITAL AREA COUNSELING 1856.00 MI-QMHP EVALS JUNE 2010, CBM FOOD SERVICE 2575.55 MEALS #29665, CENTRAL CULVERT SUPPLY 3035.40 CULVERTS, CENTURY BUSINESS PRODUCTS INC 641.64 #42479 TONER, CHEMSEARCH 342.17 SUPPLIES #741389, CODY, DENISE 45.00 MI-J.B., M.G., J.D., COMM TECH INC 17103.70 #450, 481, 437, COMMUNICATIONS CENTER 432.72 CUST 4178, 4177 / REPAIRS, COWAN, RENE 250.00 REIMBURSE T. COWAN TRAINING, CRA PAYMENT CENTER 251.60 ACCT 01272 REPAIRS, CREST INDUSTRIES INC 164.00 #1065264, 1065598 SUPPLIES, CURT MERRIMAN PRINTING INC 50.00 ADVERTISING #12235, DAKOTA BUSINESS CENTER 7.98 IN182634 SUPPLIES, DAKOTA PUMP & CONTROL 128.65 #14971 COW/SPRING CREEK, DAKOTA SUPPLY GROUP 319.92 LIGHTS #6523405, DECORY, VENESSA 25.92 WITNESS, DEPARTMENT OF CORRECTIONS 5698.74 RETAIN WALL C18D1044, DEPT OF REVENUE 769.00 BAC, DEPARTMENT OF TRANSPORTATION 3973.76 S60763 FUEL/S60618 SAFETY PROJ, DONNA DIETRICH 626.05 MI-JB,JD,MG,DG,AG, ED M FELD EQUIPMENT CO INC 637.50 #0195659-IN SUPPLIES, MARV EKEREN 15.00 MI-AG, ENVIROTECH WASTE SERVICE 57.98 GARBAGE, ENVIROTECH 145.20 EXPO #513990, EXTENSION SERVICE 80.50 TRAVEL, FT PIERRE CITY 1151.19 COPIER 690 & 691 / EXPO UTIL, GILL, BRENT 99.98 UNIFORM REIMBURSE, GROSSENBURG IMPLEMENT 708.96 REPAIRS/FILTERS 2001357, HAUS STEEL FRAMING 29.56 STEEL STUDS #140, HOGIE, TAMI 3510.00 MED ADMIN TRAINING, HORN & KOLETZKY ATTORNEYS 458.80 MI-C.G. J.B., INGRAM PEST SERVICE 115.00 PEST CONTROL #15576, JANZ, DONALD PHD 1100.00 EVAL J.W.H., KC SEPTIC SERVICE INC 350.00 COW CREEK, KENNEDY PIER & KNOFF 186.40 MI - M.M., KIMBALL MIDWEST 208.75 SUPPLIES #1585397, KINSELLA, KRISTIE 23.70 WITNESS, KLEINS OFFICE FURNITURE 233.94 #5093-2 PAPER, KLEINS OFFICE PLUS 213.93 SUPPLIES, KREISERS INC 823.30 MED SUPPLIES #660912 & 661571, LEWIS & CLARK BHS 426.00 MI-MM, CH, MM, LINCOLN CO TREASURER 27.00 MI-201007150992, LYMAN CO 2579.00 REIMBURSE RESCUE SAW, MCCAULEY, LEAH 20.00 WITNESS, MCLEODS 453.81 PRINTING #014174 & 014483, MID DAKOTA RURAL WATER SYSTEM 3131.20 UTILITIES, MIDCONTINENT COMMUNICATIONS 55.00 UTILITIES, MN WIRELESS LLC 138.00 INV 47523, 47524, MONTANA DAKOTA UTILITIES 585.70 UTILITIES, MORRIS INC 7.18 #08-MATYD-05418 DIRT/SOIL, NORTHWEST PIPE FITTING INC 86.67 #220275 COW/SPRING CREEK, NORTHWESTERN ENERGY 128.94 UTILITIES, OAHE CHAPTER RED CROSS 11.00 FACE SHIELDS, PERRY, DARLIS 1125.00 BAC, PIERRE AMATEUR RADIO CLUB 2500.00 WEATHER SPOTTER EQUIP, PIERRE CITY 52498.37 SERVICE/IT/MED/UTILITIES, PIERRE SCHOOL DIST 123.00 PAINT #1, PIZZA RANCH 85.98 2107010203/2807009353, POWER PLAN 986.69 #8850261205 FILTERS/REPAIR, QWEST 148.78 PHONE, RATTLINGLEAF, TORRY 21.48 WITNESS, CATHY REHFUSS 60.00 MI-JB,MG,JD,AG, RIVER CITIES TRANSIT 952.59 RATHBUN/SCHAEFER REIMBURSE, ROBINS WATER CONDITIONING INC 92.85 WATER/SALT, RUNNINGS SUPPLY 133.78 SUPPLIES, SAFE DAKOTA INC 90.00 MONITORING JULY-SEPT, SCHMIDT SCHROYER MORENO & LEE 217.74 MI-16984, SDACC 50.00 REVISED WELFARE MANUAL, SDSU DEPT OF ANIMAL & RANCE 30.00 RECORD BOOKS, SHANES PHARMACY 202.44 JAIL MEDICATION/OVER THE COUNT, SHEPHERD REPORTING LLC 75.00 MI-#2276E, 2280C, SLOWEY COURT REPORTING 316.00 MI, STATE RADIO 1300.00 N011191SR TELETYPE, THURMAN LAW OFFICE 359.72 MI-J.D., M.G., TRACTOR HOUSE 600.00 ADVERTISE #4840765, ULTRAMAX 555.00 AMMUNITION #115603, URBAN INDIAN HEALTH 198.00 DIABETIC TEST STRIP, VAN DIEST SUPPY CO 1450.90 CUST 32193000 CHEMICALS, VELVET UNIFORMS COM 79.05 NAME TAGS #1228, VENTURE COMMUNICATIONS 69.90 PHONE, VERIZON WIRELESS 39.99 INV PIERRIN6528/BATTERY, VILAS PHARMACY 132.68 HUGHES CO JAIL TB SOLUTION, WALGREENS COMPANY 5.49 TEST STRIPS 100116561, WALMART COMMUNITY 877.94 SUPPLIES, WALMART COMMUNITY 772.90 SUPPLIES, WALMART COMMUNITY 32.19 SUPPLIES, WALMART COMMUNITY 267.65 SUPPLIES, WANDA STANGE PRORATE 35.00 DRUG TEST #22857, WEST PAYMENT CTR 989.50 LAW BOOKS, WESTERN STATES FIRE PROTECT 3789.19 INV 348178, 348902 EXPO, YANKTON CO SHERIFF 175.00 MI-MM,SD,CH,TB,JD,MG,DG, Z&S DUST CONTROL 7561.44 MAG WATER #21725.

The following salaries and benefits were paid by department in the month of July 2010: Commissioners-18,204.25, Auditor-13,066.59, Treasurer-15,364.74, States Attorney-21,080.09, Govt Buildings-7,344.44, Equalization-8,858.01, Register of Deeds-7,678.86, Veterans Service-5,338.50, Sheriff-36,070.34, Jail-128,674.56, Coroner-0.0, Shelter Care-37,350.07, Nurses/WIC-3,001.80, Extension-4,863.52, Weed & Pest-792.57, Planning & Zoning-4,135.00, Road & Bridge-46,823.58, Emergency Management-13,605.01.

Auditor’s Account with the Treasurer August 2, 2010: Cash on hand-3,730.94, Checks in the Treasurer’s possession less than three days-28,570.47, Cash items-38.56, Demand deposits: BankWest-4,546.67, American State Bank-375,279.34, Bad Checks Outstanding-1,631.04, Investments-2,839,873.64. Total Cash Assets-$3,253,670.66.

Register of Deeds Fees Collected in June 2010: Recording Fees-4,326.00, Transfer Fees-5,784.00, Copy Fees-100.50, Credit Card Fees-175.00, Document Fees-0.00, Passport Fees-1,250.00, Vitals-3,615.00. Total $15,250.50.

The Commission will meet for the first September meeting at 3:00 PM Tuesday September 7, 2010 due to the Labor Day Holiday and the statutory requirement to have a budget hearing on the first Tuesday in September.

Moved by Abernathy and seconded by Inman to adjourn the meeting until Monday August 16, 2010 at 5:30 PM. All voted aye. Motion carried. 

*Chairman Jim Hardwick called the Monday July 19, 2010 meeting of the Board of Hughes County Commissioners to order at 8:00 AM with members Norm Weaver, Mark E. Venner, Sr., Roger Inman, and Bill M. Abernathy present. County Manager Kevin Hipple and Sheriff Mike Leidholt were also present. The meeting began with a prayer by Pastor John Fette and the Pledge of Allegiance.

AGENDA: Moved by Abernathy and seconded by Inman to approve the agenda. All voted aye. Motion carried.

MINUTES: Moved by Weaver and seconded by Abernathy to approve the minutes of the July 6, 2010 commission meeting. All voted aye. Motion carried.

HOMELAND SECURITY: Moved by Abernathy and seconded by Weaver to accept the amendment to the agreement with the Department of Public Safety Homeland Security to add the support for three additional tribes (Pine Ridge, Rosebud, and Flandreau) for a total amount of $711,671.41. All voted aye. Motion carried.

OLD JAIL: County Manager Kevin Hipple gave the Commission a report about costs and issues to close and winterize the old jail.

NEW JAIL UPDATE: Jerry Johnson with GA Johnson Construction discussed several jail issues with the Commission. Johnson said he was aware that the jail electrical bills have been excessively high and that he had felt those bills were too high during construction and had discussed that issue with the city. Johnson also talked with mechanical engineer John DeWitt to see if they can correct the problem. Sheriff Leidholt said the city had replaced the electrical meter last Friday and initial reports indicate that may help the problem. Leidholt also indicated he is disappointed in the response from the architect and engineer on this electrical issue, since we had notified them several weeks ago and did not yet have a solution. Johnson indicated he had written a letter to Dick Duckstad with Fabcon about the cracks in their wall panels. Johnson said that lintels are not required above the openings in these panels. Johnson agreed to meet with Commissioner Weaver later in the week to inspect the panels and cracks.

MALT BEVERAGE TRANSFER: 8:10 AM – Time set for a public hearing to consider an application to transfer a retail on-off sale malt beverage license from Terrance and Reita Etzkorn and Pat Parsons, The Pit Stop to Terrance and Reita Etzkorn and Heidi Mong, The Pit Stop. No one appeared for the hearing. Moved by Abernathy and seconded by Weaver to approve the transfer. All voted aye. Motion carried.

SD FARM WINE LICENSE: 8:10 AM – Time set for a public hearing to consider an application from Triple M Travel Plaza, Inc. for a package off-sale malt beverage and a SD Farm Wine license outside of a municipality. No one appeared for the hearing. Moved by Inman and seconded by Abernathy to approve the license. All voted aye. Motion carried.

JUVENILE SERVICES: Moved by Venner and seconded by Weaver to approve hiring Dan Eilers starting 7/12/10, Sarah Burger 7/12/10, Dan Slocum 7/14/10, and Mary Bishop 8/2/10 as Correction Officers in the Juvenile Services Center at pay grade 14 minimum of $14.05 per hour. All voted aye. Motion carried.

NEW JAIL: Moved by Venner and seconded by Weaver to approve hiring Dan Salter starting 7/26/10 and Brent Gill 7/12/10 as Correction Officers in the new jail at pay grade 14 minimum of $14.05 per hour. All voted aye. Motion carried.

IT UPDATE: Jeremy Scott presented a bill for the county’s share of several upgrades which have recently been completed. The upgrades included installing a new Exchange Server and its associated licensing, installing an M86 internet filter, changing virus protection software and installing help ticket tracking software. Scott explained that these were needed items but were not included in the budget. The total cost of the county share of those upgrades is $19,661.36.

CLAIMS: Moved by Abernathy and seconded by Venner to approve the following verified claims. All voted aye. Motion carried. A-OX WELDING 22.01 SUPPLIES #08611, AB INVESTIGATIONS 1988.47 #10-19 INVESTIGATION, ADAMSKI LAW OFFICE 7906.00 PUBLIC DEFENDER, AMERICAN MEDICAL RESPONSE 3741.87 #137421 SERVICE, BECK, RUTH 17.36 POSTAGE, BERGESON, DON 56.66 EXT BRD MTG & MILEAGE, BEXAR COUNTY CRIMINAL INVEST 3420.00 #27256 C.H., BLUNT CASH STORE 83.48 INV 3051 GAS, BLUNT CITY 40.00 UTILITIES, BOB BARKER CO 770.46 WEB000130973,132662 INMATE SUP, BRAY, BRETT 58.14 EXT BRD MTG & MILEAGE, BREVIK LAW OFFICE 217.38 MI-CT APPT T.B., BUHLS LAUNDRY 32.15 #2032, 5631 MENDING, BUREAU OF ADMINISTRATION 134.96 PHONE / UTILITIES, BUREAU OF ADMINISTRATION 176.81 PHONE, BUTLER 15330.87 C45841 REPAIRS/FILTERS/SUPPLIES, CARLISLE, CARSON 50.00 EXT BRD MTG, CARLSON, LYNN C 9.00 TRVL SUBSISTENCE, CAROL BUTZMAN CONSULTING LLC 89.08 INV 360 QMHP EVAL B.M., CARQUEST AUTO PARTS 66.69 INV 2201-ID-130808, CBM FOOD SERVICE 11317.20 29289,29512,29356 JAIL FOOD, CENTURY BUSINESS PRODUCTS INC 698.17 COPIER / SUPPLIES, CHANDLERS INC 386.00 INV 1031440, 1031432 REPAIR, CHASE AUTO CONNECTION 2125.00 EQUIP TRAILER BRULE/BUFFALO, CIVIC RESEARCH INSTITUTE 179.95 CORRECTION MANAGERS REPORT, COLE PAPERS INC 1229.58 INV 8508995,8503927,8506436, COMM TECH INC 76.94 INV 420 PHONE REPAIR, COOPERATIVE EXTENSION SRV 70.13 UTILITIES, CPR SAVERS & FIRST AID SUPP 2911.00 INV 2481 KITS/PINE RIDGE/OGLA, DAKOTABILITIES 360.00 MI-2 MONTH/2 RES, DEPARTMENT OF CORRECTIONS 1961.34 C18D1016,C18D1029:LAUN/TRUSTEE, DIAMOND DRUGS 977.34 MEDS #000143670, DIAMOND MEDICAL 512.73 MEDICATION, DIAMOND MOWERS INC 213.18 #48023 REPAIRS, DONNA DIETRICH 191.28 MI-C.G., T.B., DISABLED AMERICAN VETERANS 150.00 TRANSPORTATION, DONS SINCLAIR 10.00 TICKET 10701 GAS FOR MOWER, DOT MAP SALES 4.50 EXPO CENTER, EDDIES TRUCK SALES INC 805.37 #02271 REPAIRS/SUPPLIES/FILTER, ENVIROTECH WASTE SERVICE 640.75 GARBAGE/RECYCLE, FINES, ROBERT 20.82 SUPPLIES FIRE DEPT BLUNT, FRAME, RON 450.77 REIMBURSE TRAVEL HLS SUMMIT, FRESH START CONVENIENCE 27.00 CAR WASH, FSH COMMUNICATIONS 60.00 PAYPHONE #000372159, GREAT PLAINS PSYCHOLOGICAL SRV 2605.00 EVAL R.L.Y., H & H REPAIR 313.08 INV 22367 REPAIRS, HD SUPPLY WATERWORKS 106.83 #1591753 PULSE GEN GAL, HENNEPIN CO SHERIFFS OFFICE 70.00 INV 24712 / SUMMONS, HERMAN, BOBETTE 150.00 REIMBUR REGISTRATION HLS SUMM, HOGENS HARDWARE HANK 287.12 SUPPLIES, INGRAM PEST SERVICE 394.00 #15303,15319,15532, INLAND TRUCK PARTS 918.12 ACCT 33427 / REPAIRS, INTOXIMETERS 1189.00 #307265, 307364 SUPPLIES, JACOBSON, LORI 29.68 SUPPLIES, JPATS / VSMS 1851.07 PRISONER EXTRAD INV #8245, JURGENS PRINTING INC 86.25 SUPPLIES, KABEISEMAN & POLLARD 170.00 MI-CT APPT C.H., KING ELECTRIC 922.20 #1218 SUPPLIES, KLEEN SOLUTIONS 233.80 CLEAN SUPPLIES #112413, KLEINS - ABERDEEN 94.50 SUPPLIES #143889, KLEINS OFFICE PLUS 1004.13 SUPPLIES, KLEINSCHMIDT, RANDY 579.99 REGISTRATION CONFERENCE/TRAVEL, KONE INC 260.00 INV 150353659 / ELEVATOR, KREISERS INC 38.93 #653188 MEDICAL SUPPLIES, KRIETLOW, TANYA 229.95 REIMBURSE HLS SUMMIT LODGING, LARSON, DAVE 50.00 EXT BRD MTG, LIBERTY MUTUAL 100.00 SURETY BOND / NOTARY BOND, LINCOLN CO AUDITOR 103.61 201006280937, 201006280938(MI), LOUNSBURY, BRENDA 180.00 BAC, LYLE SIGNS INC 88.99 #709462 RESIDENCE MARKERS, LYMAN CO TREASURER 864.00 REIMBURSE HLS SUMMIT (2), MAGEE LAW FIRM 7589.00 PUBLIC DEFENDER, MEDICAL WASTE TRANSPORT 68.23 #40531 WASTE DISPOSAL, MEYER, MIKE 44.44 POSTAGE, MIDWEST COOP 16656.99 FUEL IC1780, MIKELSON, GARY 106.60 MI-T.B., C.G., MONICK PIPE & SUPPLY 45.06 INV 0042017-00 REPAIRS, MONTANA DAKOTA UTILITIES 16.50 UTILITIES, MORRIS EQUIPMENT LLC 41.00 INV 3201, 3206, 3350, MORRIS INC 100.74 INV 559099 / SPRINKLER, MORRIS INC 558.63 ACCT HUGH004 /ASPHALT MIX-PATC, NEVES UNIFORM 2107.31 VESTS #RP-023757, NEWLING, REX 56.29 EXT BRD MTG & MILEAGE, NILL & ASSOC 432.96 INV 20727 BILLING SERVICE, OAHE ELECTRIC COOP INC 718.37 UTILITIES, ONE CALL SYSTEMS INC 5.78 IVOC157560 + BALANCE, PEITZ SERVICE EXPERTS 121.67 INV 68902, PENNINGTON CO JAIL 1188.05 PRISONER TRANS JUNE 2010, PIERRE CITY 3938.00 2011 TRICO RESCUE AGREEMENT, PIZZA RANCH 132.47 MEALS FOR EXERCISE PLANNING MT, POURIER, SARAH 20.37 WITNESS, QWEST 473.78 FRAME RELAY, QWEST 1009.11 PHONE, RADIO SHACK 17.37 ACCT 01150100045181, REDWOOD BIOTECH 165.00 INV 293468 TEST KITS, CATHY REHFUSS 39.00 MI-T.B., C.G., WADE REIMERS 3333.33 SUPP PUBLIC DEFENDER, DOUG RIPLEY 1416.66 CONTRACT WORK, RIVER CITIES TRANSIT 2583.33 MONTHLY ALLOCATION, ROCKET LUBE 115.80 INV 73916, 73784, 73582, RUNNINGS SUPPLY 80.63 SUPPLIES, SCHLACHTER LUMBER 85.67 SUPPLIES, SD ACHIEVE 60.00 INV 17258 MI-1MONTH/1RES, SD URBAN INDIAN HEALTH 40640.00 CONTRACT MEDICAL #114, SDVSOA 150.00 ASSOC FEES FOR 3 COUNTIES, SECURE SD PARTNERSHIP 3000.00 REGISTRATION HLS SUMMIT, SERVALL UNIFORM & LINEN CO 558.76 RUGS, SHARPE RENTAL INC 42.40 INV 433 / SUPPLIES/DRILL, SIEBRASSE LAW OFFICE 297.53 CT APPT K.O.S., SIMPSON LAW OFFICE 4250.70 CT APPT L.J., SIOUX FALLS CONVENTION CENTER 52236.60 INV 0001493-IN HLS SUMMIT, ST MARYS HEALTHCARE 374.48 VAB81924 INMATE MEDICAL, STERLING SOLUTIONS INC 450.00 #02143-035 VIMS MAINT AGREE, SUTLEYS SUPER SAVINGS STORE 23.72 INV 00010113 / FOOD, SUTLEYS TOWN & RANCH MARKET 10.21 SUPPLIES, SWANDA, KAREN 39.00 MI-T.B., C.G., TECHNOLOGY & COMMUNICATIONS 37.50 INV 34218 PHONE, TRUGREEN 90.00 #5130 / LAW, TWL SUPPLIES 368.60 #00042896 SUPPLIES, VANDIEST SUPPLY CO 1450.90 INV 123236, 123235 CHEMICALS, VELVET UNIFORMS COM 283.55 INV #1206 PATCHES, VERIZON WIRELESS 762.56 PHONE, W W TIRE 111.90 ACCT 53843 BATTERY, WALGREENS COMPANY 19.99 INV 100115902 MEDICAL SUPPLY, WESTERN STATIONERS 615.00 INV 438527-0 PAPER CERT MANUAL, WHEELCO TRUCK & TRAILER 580.00 ACCT 36866 SUPPLIES, YANKTON CO SHERIFF 75.00 MI-C.G., J.B., M.M., ZANDER AUTO PARTS 523.92 ACCT 23950 PARTS / SUPPLIES.

2011 BUDGET: The rest of the meeting was spent working on the 2011 budget.

*Chairman Jim Hardwick called the Monday June 21, 2010 meeting of the Board of Hughes County Commissioners to order at 5:30 PM with members Norm Weaver, Mark E. Venner, Sr., Roger Inman, and Bill M. Abernathy present. County Manager Kevin Hipple and Sheriff Mike Leidholt were also present. The meeting began with a prayer by Pastor John Fette and the Pledge of Allegiance.

AGENDA: Moved by Weaver and seconded by Abernathy to approve the agenda. All voted aye. Motion carried.

MINUTES: Moved by Abernathy and seconded by Weaver to approve the minutes of the June 7 and June 10, 2010 commission meetings. All voted aye. Motion carried.

SUNSET RIDGE ZONING: 5:40 PM – Time set for a public hearing to consider an amendment to zoning ordinances and a plat requested by Brian and Mary Puckett, 28880 Perch Pl, Pierre, SD for a 0.6 acre parcel in the SE1/4 of Section 17-T111N-R79W, approximately 1.5 miles north of Pierre on the west side of SD Highway 1804 from Agricultural District B to Agricultural District C. Bill Floyd, a neighboring property owner, was present to object to the amendment to zoning and the platting of the property. He stated that if a house was built on that property it would obstruct his view.

Moved by Venner and seconded by Weaver to defer action on “AN ORDINANCE AMENDING SECTIONS 4-201 AND 4-301 OF ORDINANCE NUMBER 97-3 OF HUGHES COUNTY, SOUTH DAKOTA, RELATING TO PLANNING AND ZONING, AND CHANGING THE CLASSIFICATION OF A PARCEL IDENTIFIED AS LOT 9 SUNSET RIDGE ADDITION IN THE W 1/2 SE 1/4 OF SECTION 17-111-79 FROM AGRICULTURAL DISTRICT B TO AGRICULTURAL DISTRICT C IN HUGHES COUNTY” and the Plat of Lot 9, Sunset Ridge Addition until the next meeting and to require that the PUD and Covenants be extended to include this new lot. All voted aye. Motion carried.

GRAVEL CRUSHING BIDS: Bids were received to crush and stockpile gravel at 11:00 AM on June 16, 2010. Morris, Inc. bid $1.78 per ton, Bob Bak Construction bid $2.47 per ton and Aggregate Construction bid $2.38 per ton. Moved by Venner and seconded by Abernathy to award the bid to Morris, Inc. All voted aye. Motion carried.

OLD JAIL: One bid to demolish the old jail and construct a parking lot in its place was opened at 10:00 am on Monday, June 21, 2010. The bid was from R. Fred Thurston. The proposal is to tear down the old jail and build a new parking lot with 36 spaces. In exchange, he asks for a long term lease for 36 parking spaces for 25 years. The estimated a value for the demolition and parking lot is $190,600 and landscaping is $27,800 for a total project value of $218,400. Thurston’s proposal is to remove the entire jail, including the foundation and to cap the existing utilities. Thurston did not provide a bid bond and indicates he has not factored in a cost to provide a performance bond.

The proposal includes a concrete parking lot, but there is only curb and gutter to tie into the street curb and gutter. There is not curb and gutter around the entire parking lot. Thurston proposes to contour the parking lot to sheet drain off to the southeast. Thurston did discuss that proposal with John Childs at the city and got his approval. Thurston used the specifications for the concrete section, he normally does not use this heavy a concrete for parking lots. Going to his specifications would provide some savings. This proposal does not include any asbestos or lead base paint abatement. The proposal envisions saving portions of the current retaining wall and filling in the current gaps. The county would be responsible for ongoing utilities, watering and maintenance on the completed parking lot and landscaping.

Attorney Ron Olinger was present for the discussion and was opposed to the county proceeding with the project. Olinger owns the building to the south of the lower courthouse parking lot and does not want to lose access to that parking. Olinger contends that the assessed value on his building will drop if that parking is lost.

States Attorney Kelly Marnette recommended that the Commission reject the bid due to the lack of a bid bond and performance bond.

Moved by Abernathy and seconded by Weaver to reject the proposal from R. Fred Thurston and put the project on hold until the Commission has more information. Voting aye: Abernathy, Weaver, Venner, and Inman. Voting nay: Hardwick. Motion carried.

EXECUTIVE SESSION: Moved by Abernathy and seconded by Weaver to go into executive session to discuss indigent claims. All voted aye. Motion carried. Moved by Inman and seconded by Weaver to go out of executive session. All voted aye. Motion carried.

INDIGENT CLAIMS: Moved by Venner and seconded by Inman to deny claim number 20100127-01 from the Avera Heart Hospital for J.G. 11/02/09 to 11/06/09 in the amount of $13,022.36. All voted aye. Motion carried.

CLAIMS: Moved by Abernathy and seconded by Weaver to approve the following verified claims. All voted aye. Motion carried. ADAMSKI LAW OFFICE 7906.00 PUBLIC DEFENDER, AMERICAN MEDICAL RESPONSE 3741.87 INV 136190, ANDERSON DENTAL 324.00 INMATE DENTAL ID#43090, BALLEW CONSTRUCTION 1300.10 INV 005090, BEXAR COUNTY 186.00 INV 27166 SEARCH & ANALYSIS, BIG EAGLE, JERRY 603.02 REIMBURSEMENT CONFERENCE, BREVIK LAW OFFICE 169.28 MI-S.D., BROSZ ENGINEERING INC 3480.96 JAIL SITE WORK / COPY PLANS, BUREAU OF ADMINISTRATION 1675.08 UTIL/DP005202/POST/SUPP, BUREAU OF ADMINISTRATION 220.35 PHONE, CAPITAL AREA COUNSELING 5278.00 QMHP EVALS, CAPITAL JOURNAL 521.12 PUBLISHING / ADVERTISING, CAPS TRAIL SERVICE 551.43 INV 125688 GAS / REPAIR, CARLSON, LYNN 18.00 SUBSISTENCE, CBM FOOD SERVICE 7174.20 #28886, 28711, CDW GOVERNMENT INC 166.98 STJP223 COMPUTER ADAPTER, CENTRAL CULVERT 7768.00 CULVERTS, CHOLIK SIGN CO 220.00 DECALS #4211, CLINICAL LAB OF BH 1629.00 AUTOPSY #0645-1060, CONE AG INC 1060.00 REPAIRS W&P TRUCK #10201, CRONIN, SANDRA K 274.95 REIMBURSEMENT CONFERENCE, CURT MERRIMAN PRINTIN INC 589.00 INV 12125, DAMON LAW OFFICE 730.78 CT APPT T.G., DEPARTMENT OF CORRECTIONS 1607.02 C18D0421/C18D0440, DEPT OF REVENUE 9.00 LICENSE C010713, DEPARTMENT OF TRANSPORTATION 701.45 S59997 FUEL, DIAMOND DRUGS 888.66 IN000136757/CN000030889, DIAMOND MEDICAL 123.65 #017321/043829 MED SUPPLY, DONNA DIETRICH 276.28 MI-S.D., M.M., FASTENAL COMPANY 343.46 SDPIE33528, 33604, FRESH START 67.50 ACCT 5296 / CAR WASHES, FSH COMMUNICATIONS 60.00 PAYPHONE 000365345, FT PIERRE PIZZA RANCH 63.00 TICKET 2 & 94 CONFERENCE MEAL, GABRIEL, EDWARD 674.38 CONFERENCE SPEAKER, GALLS 92.95 UNIFORMS #510640771, GREGG MOVING INC 271.75 COMMERCIAL REFUND, HAGAN BENEFITS INC 335.00 INV 8510 INSURANCE, HARROLD FIRE DEPT 7133.08 2ND QUARTER PMT 1ST 1/2 CAP, HAUGE ASSOC 71.28 HCS105 / COLLECTION, ISBURG HOFMEISTER FUNERAL CHAP 2000.00 CARE OF POOR FUNERAL H.K., JACOBSON, LORI 79.75 SUPPLIES, JC PRINTING INC 78.00 JOB#16479, JEFFERSON PARTNERS 46.80 BUS TICKET #271105, JOHNSON CONTROLS 2346.00 1-776714774 MAINT AGREE, KING LAWN IRRIGATION 154.83 SPRINKLER / EXPO, KLEINS OFFICE PLUS 214.61 SUPPLIES, NELVA KOOISTRA 30.00 MI-S.D., M.M., KREISERS INC 123.11 #643285, 640879 MED SUPPLY, LAWSON PRODUCTS INC 616.03 SUPPLIES #9243121, LEWIS & CLARK BHS 142.00 MI-24029238, LIBERTY MUTUAL 50.00 NOTARY BOND, LOUNSBURY, BRENDA 180.00 BAC, MAGEE LAW FIRM 7589.00 PUBLIC DEFENDER, MATTHEW BENDER & CO INC 495.89 LAW BOOKS/VET BEN MANUAL, MCLEODS 356.24 #013339 ELECTION SUPPLIES, MICROFIX COMPUTERS, INC 139.04 #127826, 127533, MONTANA DAKOTA UTILITIES 73.71 UTIL JAIL/OLD JAIL, MORTENSON, KIMBERLEY 123.00 RECOUNT BOARD, MOTOROLA 23826.00 #13786557, 13786819, NAYLOR, JANE 209.50 TRAVEL REIMBURSEMENT, NEVES UNIFORMS 640.97 ACCT 1430 UNIFORMS, NILL & ASSOC 431.91 #20627 BILLING, NORTHERN TIER CONSULTING 2775.00 INV 2010-34, OAHE ELECTRIC COOP INC 704.68 UTILITIES, ONE CALL SYSTEMS INC 10.17 IVC0157097 LOCATE TICKET, PENNINGTON CO JAIL 746.50 MAY 2010 PRISONER TRANSPORT, PIERRE RURAL FIRE DEPT 13312.85 2ND QUARTER PMT 1ST 1/2 CAP, PRYNTCOMM 156.28 #0093167, 24530, QWEST 885.41 PHONE, QWEST 473.78 FRAME RELAY, RED HORSE, JANICE 54.04 WITNESS, CATHY REHFUSS 30.00 MI-S.D., M.M., WADE REIMERS 3333.33 SUPP PUBLIC DEFENDER, RELIABLE 266.94 SUPPLIES, RICHEY, DENNIS 64.98 REIMBURSEMENT, DOUG RIPLEY 1697.55 CONTRACT WORK / REIMBURSE MATE, RIVER CITIES TRANSIT 2583.33 MONTHLY ALLOCATION, ROBERTS, PAM 25.00 RECOUNT BOARD, ROCKET LUBE 58.40 #73127 & 73238, S&R PROMOTIONAL SPECIALTIES 3816.22 INV 4483,4491,4494, SALKELD, HOLLY 274.95 REIMBURSE TRAVEL, SAY WHAT DESIGNS LLC 1242.00 INV 443, SCHMIDT SCHROYER MORENO & LEE 271.04 INV 16854, SCHREIBER LAW OFFICE 3448.73 #1194,1088,1108,1107, SD ACHIEVE 60.00 MI-INV 17127, SDDENR 190.00 ENVIRONMENTAL FEE, SECURITY LOCK SERVICE 178.69 #4035 SUPPLIES EXPO, SERVALL UNIFORM & LINEN CO 519.11 RUGS, SIEBRASSE LAW OFFICE 592.90 CT APPT D.F., L.R., SIRCHIE 86.04 #0552056-IN SUPPLIES, SOVELL LAW OFFICE 1370.24 INVOL COMMIT L.B., ST MARYS HEALTHCARE 345.52 VAB85254, ST MARYS HEALTHCARE 1198.87 VAB93804, VAB91563, STATE INDUSTRIAL PRODUCTS 496.36 SUPPLIES/REPAIRS, STENGLE, JOHN 25.00 RECOUNT BOARD, SUNG MAKA SKA 615.00 CONFERENCE SPEAKER, TECHNOLOGY & COMMUNICATIONS 173.67 INV 33881, TMA PIERRE 31.75 INV 79314, VELVET UNIFORMS 209.00 UNIFORMS #1139, VERIZON WIRELESS 581.62 PHONE, WALDMAN, ANGELA 24.44 WITNESS, WALTERS, TONYA 20.74 WITNESS, WEST PAYMENT CENTER 426.00 LAW BOOKS, WESTERN COMMUNICATIONS INC 20.00 10-667050 RADIO REPAIRS, WESTERN SD JUVENILE SERVICES 400.00 #422 JUV HOLD, WHEELCO TRUCK & TRAILER 67.48 REPAIRS #36866, WHISTLESTOP PACKAGE CENTER 13.83 SHIPPING MAY2010-15, YANKTON MEDICAL CLINIC 213.09 ACCT 10828131, ZANDER AUTO PARTS 374.82 ACCT# 23950.

Moved by Inman and seconded by Weaver to adjourn the meeting until 5:30 PM on Tuesday July 6, 2010. All voted aye. Motion carried.

*Chairman Jim Hardwick called the Thursday June 10, 2010 special meeting of the Board of Hughes County Commissioners to order at 7:45 AM with members Mark E. Venner, Sr. and Bill M. Abernathy present. Commissioners Roger Inman and Norm Weaver were absent. County Manager Kevin Hipple was also present. The meeting began with a prayer by Pastor John Fette and the Pledge of Allegiance.

AGENDA: Moved by Venner and seconded by Abernathy to approve the agenda. All voted aye. Motion carried.

ELECTION CANVASS: The Board canvassed the votes from the June 8, 2010 Primary Election. A total of 4030 votes were cast, Republican – 3658 and Non-Partisan – 372. Moved by Venner and seconded by Abernathy to declare that the canvass did not change the number of ballots counted and note there will be an automatic recount because of a tie vote in the Precinct #21 Committeeman race. All voted aye. Motion carried.

RECOVERY ZONE HEARING: Moved by Venner and seconded by Abernathy to authorize advertising a public hearing to receive public comment for the transfer of Recovery Zone Bond Allocations. All voted aye. Motion carried.

Moved by Venner and seconded by Abernathy to adjourn the meeting until 5:30 PM on Monday June 21, 2010. All voted aye. Motion carried.

*Chairman Jim Hardwick called the Monday June 7, 2010 meeting of the Board of Hughes County Commissioners to order at 5:30 PM with members Norm Weaver, Mark E. Venner, Sr., and Bill M. Abernathy present. Commissioner Roger Inman was absent. County Manager Kevin Hipple and Sheriff Mike Leidholt were also present. The meeting began with a prayer by Pastor John Fette and the Pledge of Allegiance.

AGENDA: Moved by Abernathy and seconded by Venner to approve the agenda adding several other juvenile services contracts. All voted aye. Motion carried.

MINUTES: Moved by Venner and seconded by Weaver to approve the minutes of the May 17, 2010 Commission meeting. All voted aye. Motion carried.

NORTH CENTRAL RC&D: Kelly Stout with North Central Rural Conservation & Development met with the Commission to explain the program. A USDA program that can help local people apply for grants that would need to go through a non profit organization.

OLD JAIL: R. Fred Thurston met with the Commission in regard to his proposal to demolish the vacated jail and construct parking places that could be leased for the cost of demolition.

Moved by Venner and seconded by Weaver to move forward with the jail demolition and authorize advertising for bids to complete the Hughes County Jail demolition and parking lot construction in the form of a long term lease for parking in the courthouse parking lot. Bidders should include the number and location of parking spaces required in the lease as well as the term of the lease. All voted aye. Motion carried. Bids will be received until 10:00 am on June 21, 2010 in the Hughes County Commission office.

HOMELAND SECURITY: Emergency Manager Rob Fines along with the State Homeland Security Director J.C. Carpenter met with the Commission in regards to spending county funds for regional equipment purchases before being reimbursed by grant funds. The Homeland Security Grant requires that the invoices be paid before submitting requests for reimbursement.

FIREWORKS: Tom Rounds submitted a request for an exemption from any possible county burn ban to hold a Fourth of July fireworks display at his home. He has liability insurance for the event and will have fire suppression equipment on site. Moved by Venner and seconded by Weaver to approve the request. All voted aye. Motion carried.

NEW JAIL: Derek McTighe with Brosz Engineering submitted a pay request in the amount of $3,443.46 for an erosion control blanket that was added to the project, Hughes County supplied a majority of the blanket and the contractor installed that and also furnished and installed one load of new topsoil. Moved by Venner and seconded by Abernathy to approve the change order and the pay estimate. All voted aye. Motion carried.

Moved by Venner and seconded by Weaver to authorize Brosz Engineering to develop bid specifications and authorize requesting proposals to concrete and fence the exercise area for the JSC, install rock around the remainder of the inside of the loop road, extend the entrance on the west side of the sally port, and add asphalt millings to the sections of state parking lot that were disturbed when the water line was installed. All voted aye. Motion carried.

JOINT ZONING & PLAT: The Pierre City Commission met in a special joint session with the Hughes County Commission at 5:30 PM on May 18, 2010 with County Commissioners Abernathy, Hardwick, and Weaver present. This being the time and place set for a public hearing on the rezoning of Shamrock Commercial Addition Phase II, Mayor Gill opened the meeting. Sharon Pruess, City Planner, explained that this project is a continuation of Phase I. The project will create 6 new commercial lots requested to be rezoned from Agriculture to local business and to replat lot 1 into 2 lots, 1a and 1b. Sharon indicated that the Planning Commission recommended approval of this project. Tom Maher explained that this project is just an extension of Phase I and will provide additional Commercial lots available in this area. Being no one else present to comment, Mayor Gill closed the public portion of the hearing. Commissioner Abernathy moved and Commissioner Huizenga seconded to give second reading to and adoption of AN ORDINANCE AMENDING SECTIONS 13-4-101 AND 13-6-101 OF ORDINANCE NO 1265 OF THE EXTRA-TERRITORIAL JOINT JURISDICTION BETWEEN THE CITY OF PIERRE AND HUGHES COUNTY, SD, RELATING TO PLANNING AND ZONING AND CHANGING THE CLASSIFICATION OF CERTAIN PROPERTY FROM THE AGRICULTURAL A DISTRICT TO THE LOCAL BUSINESS ZONING DISTRICT and that it be given a number, signed, and published and approve Resolution No. 2010-12 for the plat of lots 10-15 and replat of lot 1. Unanimous approval.

CITY RESOLUTION NO. 2431 HUGHES COUNTY RESOLUTION NO. 2010-12

A RESOLUTION APPROVING THE PLAT OF LOTS 10-15, AND LOTS 1A & 1B, A REPLAT OF LOT 1, SHAMROCK COMMERCIAL ADDITION, LOCATED IN THE WEST HALF OF THE SOUTHWEST QUARTER, THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER AND THAT PORTION OF THE SOUTH HALF OF THE NORTHWEST QUARTER LYING SOUTH OF THE HIGHWAY, ALL IN SECTION 24, TOWNSHIP 111 NORTH, RANGE 79 WEST OF THE 5^TH P.M., HUGHES COUNTY, SOUTH DAKOTA.

WHEREAS, the plat of the above described property has been executed according to statute, now therefore;

BE IT RESOLVED that the City Commission, in and for the City of Pierre, does hereby approve the said Plat of Lots 10-15, and Lots 1A & 1B, a Replat of Lot 1, Shamrock Commercial Addition, located in the West Half of the Southwest Quarter, the Northeast Quarter of the Southwest Quarter and that portion of the South Half of the Northwest Quarter lying South of the Highway, all in Section 24, Township 111 North, Range 79 West of the 5^th P.M., Hughes County, South Dakota.

SUNSET RIDGE ZONING: Brian and Mary Puckett, 28880 Perch Pl, Pierre, SD are proposing to re-zone a 0.6 acre parcel in the SE1/4 of Section 17-T111N-R79W, approximately 1.5 miles north of Pierre on the west side of SD Highway 1804 from Agricultural District B to Agricultural District C.

Moved by Weaver and seconded by Abernathy to give first reading to “AN ORDINANCE AMENDING SECTIONS 4-201 AND 4-301 OF ORDINANCE NUMBER 97-3 OF HUGHES COUNTY, SOUTH DAKOTA, RELATING TO PLANNING AND ZONING, AND CHANGING THE CLASSIFICATION OF A PARCEL IDENTIFIED AS LOT 9 SUNSET RIDGE ADDITION IN THE W 1/2 SE 1/4 OF SECTION 17-111-79 FROM AGRICULTURAL DISTRICT B TO AGRICULTURAL DISTRICT C IN HUGHES COUNTY” and to authorize advertising a hearing to be held at 5:40 pm on June 21, 2010. All voted aye. Motion carried.

LIEN RELEASE: Moved by Abernathy and seconded by Venner to release a lien dated 4/2/97 for $105.37 for Robert Enger for a mental illness lien and deny a request to release a lien against him for a public defender bill for $553.11. All voted aye. Motion carried.

JUVENILE SERVICE CONTRACT: Moved by Abernathy and seconded by Weaver to approve Juvenile Services Contracts with Stanley, Haakon, Sully, Potter, Hyde, Lyman, Jones, Mellette, and Tripp Counties at a rate of $200 per day. All voted aye. Motion carried.

RIVER CITIES TRANSIT: Moved by Abernathy and seconded by Weaver to authorize the chairman to sign a letter in support of federal and state operation grant applications made by River Cities Transit. All voted aye. Motion carried.

FEEDING SOUTH DAKOTA: Moved by Abernathy and seconded by Weaver to authorize the chairman to sign a letter in support of a grant application to the Larson Family Foundation to help Feeding South Dakota fund a new facility in Pierre. All voted aye. Motion carried.

ZONING: Moved by Venner and seconded by Weaver to authorize hiring Randy Kleinschmidt as the County Zoning Director effective June 8, 2010 at pay grade 17, step 1 - monthly salary of $3,221.95. All voted aye. Motion carried.

Hipple brought up a question from the Board of Adjustment and the Planning Commission on how to handle smaller than allowed parcels. The Commission indicated they did not want to see any ordinance changes at this point but would rather handle those issues under the current ordinances using either a variance or rezoning. They recommended considering a P.U.D. to rezone and to limit residences to one per 35 acres.

CLAIMS: Moved by Abernathy and seconded by Weaver to approve the following claims. All voted aye. Motion carried. 3D SPECIALTIES INC 3956.16 INV 432828 & 432844, A-OX WELDING 322.01 INV 8611 SUPPLIES, ALL NATIONS OFFICE & TECH 158.32 INV 08823 SUPPLIES, ALLTEL 279.02 AIRCARDS, ANDERSON, STEWART 2400.00 INV 2010-11 TRAINING, ANIMAL CLINIC OF PIERRE 165.00 ANIMAL IMPOUNDS #50308, ARCH, MARY 20.74 WITNESS, AVERA SACRED HEART HOSPITAL 2427.55 ACCT SH3100372, BAUMANN LUMBER 290.12 INV 42503 BUILDING SUPPLIES, BEADLE CO SHERIFF 280.00 JUV HOLD MAY 2010, BERGESON, DON 56.66 BRD MTG & MILEAGE, BLUNT CASH STORE 190.51 GAS #3008, BLUNT CITY 40.00 UTILITIES, BOB BARKER CO INC 1174.97 HUGSD0 INMATE CLOTHES, BRAY, BRETT 58.14 EXT BRD MTG & MILEAGE, BRUSSEAU, SARAH 20.37 WITNESS, BUCKLIN, DEREK 20.00 WITNESS, BUREAU OF ADMINISTRATION 1169.78 POSTAGE/UTIL/SUPPLIES, BUREAU OF PERSONNEL 140.00 TR004031/REGISTRATION, BUTLER 891.96 SUPPLIES & REPAIRS, CAPITAL AREA COUNSELING 2088.00 QMHP EVALS, CARLISLE, CARSON 50.00 EXTENSION BRD MTG, CARPENTER, SHEILA 341.92 TRAVEL FOR TRAINING, CASTONGUAY, SHAWN 20.00 WITNESS, CBM FOOD SERVICE 10651.50 #28563, 28240, 28405, CENTRAL DAKOTA TIMES 231.00 INV 20262, CENTURY BUSINESS PRODUCTS INC 1079.48 SUPPLIES / LEASE, CHAMBERLAIN OACOMA SUN 67.50 INV 13923, CLARITUS 2912.00 INV IN81927, COLE PAPERS INC 356.00 SUPPLIES, COMMUNICATIONS CENTER 1385.90 5054,4912,5012,5068,5074, CONNECTING POINT 80.00 REGISTRATION, CRA PAYMENT CENTER 3849.15 INV 01272 REPAIRS, DAKOTA SUPPLY GROUP 403.19 6475226, 6453529, DEPARTMENT OF CORRECTIONS 924.22 UTILITIES, DEPT OF REVENUE & REGULATION 514.00 SPRING CREEK WATER/BAC, DEPARTMENT OF TRANSPORTATION 5410.62 GAS / ROAD & BRIDGE IMPROV, DIAMOND MEDICAL 93.00 639HUGHJ00 MEDICAL SUPPLIES, DIAMOND MOWERS 767.82 REPAIRS #47304, DIESEL MACHINERY INC 732.75 REPAIRS #266750, DONNA DIETRICH 152.23 DBS, CS, EDDIES TRUCK SALES INC 8529.76 REPAIRS & SUPPLIES, EHLERS, DEBBIE 20.00 WITNESS, ELECTION SYSTEMS & SOFTWARE 6028.51 745113, 745114, 743276, ENVIROTECH WASTE SERVICE 655.75 GARBAGE & RECYCLE, EXTENSION SERVICE SDSU 190.18 TRAVEL, FACTOR 360 625.00 INV 15834, FARNAMS GENUINE PARTS INC 182.51 INV 673668 SUPPLIES, FFMU 5680.50 SPEAKER, FINES, ROB 410.69 REIMBURSEMENT, FRENG, ALAN 20.00 WITNESS, FT PIERRE CITY 995.83 EXPO UTIL/COPIER 661,662, FULLER, ROGER 337.44 CONFERENCE, GABRIEL, EDWARD J 5000.00 SPEAKER, GIS WORKSHOP 398.00 INV 3975, GLASS PRODUCTS INC 1160.30 INV 27218, GLOBAL STRATEGIC RESOURCES 3212.30 SPEAKER, GRAHAM RESEARCH CONSULT 5000.00 SPEAKER, GRAHAM TIRE 592.00 ACCT 1700195, GROSSENBURG IMPLEMENT INC 575.07 INV 188598, H & H REPAIR 1217.91 #22188, 22102, 22158, HAGAN BENEFITS 540.00 INSURANCE #8452, HAND, BETH 104.44 JUROR (2), HARRISON, JAYNIE 121.60 COURT REPORTING, HARSMA, KRISTINE 107.40 JUROR (2), HICKS, LESLIE 101.20 COURT REPORTING, HOFFMAN OIL 3920.69 INV 36496 FUEL, HORSE LOOKING, CASSANDRA 20.37 WITNESS, INGRAM PEST SERVICE 125.00 INV 15284, KABEISEMAN & POLLARD 228.50 INV 28681, KENNEDY PIER & KNOFF 159.80 INV 30120, KING LAWN IRRIGATION 147.06 SPRINKLERS, KLEINS OFFICE FURNITURE 151.96 INV 4960-3 / PAPER, KLEINS OFFICE PLUS 3429.24 SUPPLIES, KREISERS INC 516.00 INV 636568 MEDICAL SUPPLIES, LACROIX LAW OFFICE 238.06 MI-L.B., LANGUAGE LINE SERVICE 457.04 INV 2416351, 2514955, LARSON, DAVE 50.00 EXTENSION BRD MTG, LARSON, TRISTIN 21.48 WITNESS, MARSHALL & SWIFT 812.75 RESIDENTIAL ESTIMATOR, MATTHEW BENDER & CO INC 261.52 LAW BOOKS, MCLEODS 517.50 ABSENTEE ENVELOPES, MCPHERSON, AMANDA 102.96 JUROR (2), MEYERS TRACTOR SALVAGE LLC 445.09 REPAIRS, MID DAKOTA RURAL WATER SYSTEM 2912.60 UTILITIES, MIDCONTINENT COMMUNICATIONS 55.00 UTILITIES, MIDWEST TIRE & MUFFLER INC 102.00 INV 78957, MN WIRELESS LLC 138.00 INTERNET, MONTANA DAKOTA UTILITIES 1552.27 UTILITIES, MORRIS EQUIPMENT LLC 184.00 SUPPLIES #2634, MYERS, SHANNON 100.00 JUROR (2), NEMEC, RICHARD 101.48 JUROR (2), NEWLING, REX 56.29 EXTENSION BRD MTG & MILEAGE, NORTHWESTERN ENERGY 155.73 UTILITIES, OLSON, CAROL 104.44 JUROR (2), OLSON, DENYSE 102.96 JUROR (2), PECK, JOHN 105.99 BOOTS, PERRY, DARLIS 1125.00 BAC, PHEASANTLAND INDUSTRIES 396.48 CUST ID 375 REFLECTIVE CLOTHIN, PIERRE CITY 20925.20 MED DIR & UTILITIES, PIERRE CITY 292.99 CARE OF POOR J.T./D.O., PRINCE, NICOLE 70.72 EXT BRD MTG & MILEAGE, PRO BUILD 45.28 SUPPLIES, PRYNTCOMM 764.00 24797, 24769, 24647, QWEST 244.05 PHONE, ROBINS WATER CONDITIONING INC 407.45 WATER/SALT, ROCKMOUNT RESEARCH & ALLOYS IN 1027.29 REPAIRS #78925, RUNNINGS SUPPLY 325.23 SUPPLIES, SAFEGUARD IOWA PARTNERSHIP 500.00 SPEAKER, SDACC 60.00 SUMMER WORKSHOP, SMALL ENGINE HOUSE 15.33 SUPPLIES, SOLBERG, CLAY 20.37 WITNESS, SPRINT 9.37 LONG DISTANCE, ST MARYS HEALTHCARE 945.00 VAB93349, ST MARYS HEALTHCARE 1882.19 VAB92711, STATE INDUSTRIAL PRODUCTS 202.67 94626125, 94640089, STUWE, TROY 20.74 WITNESS, SULLY CO TREASURER 2674.71 COMPUTER FOR EOC/REIMBURSEMENT, TAP PUBLISHING 528.73 INV 245613-20100527, TENTINGER, JEREMY 102.96 JUROR (2), TEXS JACK REPAIR 45.00 INV 9549 WELDING, THOM, GAYLE 1000.00 SPEAKER, TITAN MACHINERY 27.13 SUPPLIES #7937, TOMER BENITO 5525.94 SPEAKER, TOTE A VOTE 316.00 #199 ELECTION SUPPLIES, VAN DIEST SUPPLY CO 119.00 #109431, VAN HOUTEN, ROGER 110.36 JUROR (2), VANDERMATEN, JON 360.00 BAC, VANDERWERFF IMPLEMENT INC 1114.08 CUST# 33782 EQUIP REPAIRS, VANWINSEN, BRADLEY 102.96 JUROR (2), VELVET UNIFORMS COM 180.18 PATCHES #1094, VENTURE COMMUNICATIONS 35.32 PHONE, VILAS CLINIC PHARMACY 247.40 ACCT 48189 VACCINE, W W TIRE 3783.70 ACCT 3964 TIRES & REPAIR, WAKPA SICA RECONCILIATION PL 315.63 INV 010-8 POSTAGE, WALMART COMMUNITY 420.52 SUPPLIES, WALMART COMMUNITY 14.88 SUPPLIES, WALMART COMMUNITY 166.07 SUPPLIES, WALMART COMMUNITY 91.35 SUPPLIES, WALMART COMMUNITY 29.17 SUPPLIES, WEGNER AUTO CO 447.00 115990 & 116033 REPAIRS, WEIGER, MONA 171.00 COURT REPORTING, YANKTON CO SHERIFF 25.00 MI-C.S.

EXECUTIVE SESSION: Moved by Abernathy and seconded by Weaver to go into executive session to discuss indigent claims. All voted aye. Motion carried. Moved by Abernathy and seconded by Venner to go out of executive session. All voted aye. Motion carried.

INDIGENT CLAIMS: Moved by Venner and seconded by Abernathy to pay claim number 20100127-02 from the Heart Hospital for F.H. 12/04/09 to 12/05/09 in the amount of $9,556.30. All voted aye. Motion carried.

Moved by Venner and seconded by Abernathy to deny payment of claim number 20100413-01 from St. Mary’s Hospital for M.T. 01/21/10 to 01/22/10 in the amount of $2,600.73. All voted aye. Motion carried.

Moved by Venner and seconded by Abernathy to deny payment of claim number 20100413-02 from St. Mary’s Hospital for M.T. 01/29/10 in the amount of $933.65. All voted aye. Motion carried.

The following salaries and benefits were paid by department in the month of May 2010: Commissioners-21,46109, Auditor-13,066.58, Treasurer-15,743.17, States Attorney-21,246.79, Govt Buildings-7,313.56, Equalization-8,858.01, Register of Deeds-7,829.22, Veterans Service-3,542.90, Sheriff-27,865.32, Jail-126,988.65, Coroner-426.18, Shelter Care-31,951.60, Nurses/WIC-3,001.81, Extension-3,485.60, Weed & Pest-133.47, Planning & Zoning-, Road & Bridge-49,854.55, Emergency Management-13,051.65.

Auditor’s Account with the Treasurer June 1, 2010: Cash on hand-3,148.48, Checks in the Treasurer’s possession less than three days-58,103.64, Cash items-84.60, Demand deposits: BankWest-4,545.38, American State Bank-2,866,720.89, Bad Checks Outstanding-1,104.25, Investments-3,168,559.60. Total Cash Assets-$6,102,266.84.

Register of Deeds Fees Collected in May 2010: Recording Fees-4,742.00, Transfer Fees-4,337.00, Copy Fees-50.00, Credit Card Fees-175.00, Document Fees-0.00, Passport Fees-125.00, Vitals-3,085.00. Total $12,514.00.

Moved by Abernathy and seconded by Weaver to adjourn the meeting until Thursday June 10, 2010 at 7:45 AM when the Commission will meet to canvass votes from the June 8, 2010 Primary Election. 

*Chairman Jim Hardwick called the Monday May 17, 2010 meeting of the Board of Hughes County Commissioners to order at 5:30 PM with members Norm Weaver, Roger Inman, and Bill M. Abernathy present. Commissioner Mark E. Venner, Sr. was absent. County Manager Kevin Hipple and Sheriff Mike Leidholt were also present. The meeting began with a prayer by Pastor John Fette and the Pledge of Allegiance.

AGENDA: Moved by Abernathy and seconded by Inman to approve the agenda removing the Blunt Ice Jam Bill and Sandbags Bill item. All voted aye. Motion carried.

MINUTES: Moved by Inman and seconded by Weaver to approve the minutes of the April 19, 2010 commission meeting. All voted aye. Motion carried.

PLAT: Kerry and Kathy Smith propose to plat 4.82 acres of land out of their 40 acre parcel in order to finance his home. The property is about 3.2 miles southeast of Pierre on Shady Place, north of Highway 34 and east of Dry Run Road. Kendall Smith (Kerry’s father) was present to answer any questions.

RESOLUTION NO. 2010 – 10: Moved by Inman and seconded by Abernathy to approve the “Plat K & K Outlot 1” in the E1/2W1/2NW1/4 in Section 3, Township 110 North, Range 78 West, Hughes County, South Dakota, subject to approval of the lot size variance and receipt of a covenant acceptable to the States Attorney. Voting aye: Inman, Abernathy, and Hardwick. Commissioner Weaver abstained. Motion carried.

HIGHWAY DEPT: Highway Superintendent Mike Meyer met with the Commission. Moved by Abernathy and seconded by Weaver to approve hiring John Peck as a highway department maintenance worker at pay grade 14 minimum of $14.05 per hour effective May 24, 2010. All voted aye. Motion carried.

FIRE PROTECTION: Moved by Abernathy and seconded by Inman to authorize the Chairman to sign a “County Rangeland Fire Protection Agreement” between the County and the Wildland Fire Suppression Division of the South Dakota Department of Agriculture for fire prevention and suppression assistance. All voted aye. Motion carried.

Moved by Abernathy and seconded by Weaver to approve the following resolution. All voted aye. Motion carried.

RESOLUTION NO. 2010 – 11: County Rural Fire Coordinator

WHEREAS, Hughes County has entered into a RANGELAND FIRE PROTECTION AGREEMENT with the State of South Dakota; and

WHEREAS, that agreement calls for the designation of a County Rural Fire Coordinator to have the authority to request rangeland fire suppression assistance on behalf of the County, as provided in SDCL 41-20-8.1, and to work with the State in other rural fire protection matters. The Fire Coordinator will also serve as the contact person with the state for purposes of the Rangeland Fire Protection Agreement; and

WHEREAS, the Hughes County Commission has consulted with the Emergency Manager, who already serves as a county coordinator for fire services.

NOW THEREFORE BE IT RESOLVED that the Hughes County Commission designates the Hughes County Emergency Manager to serve as the County Rural Fire Coordinator. The Emergency Manager will be responsible to develop the policies and procedures to request fire assistance and work with the State and to ensure that only authorized requests are submitted to the State.

PLANNING & ZONING: Moved by Inman and seconded by Abernathy to authorize hiring a replacement Zoning Director. All voted aye. Motion carried.

SHERIFF: Moved by Weaver and seconded by Abernathy to approve hiring Todd Johnson as Deputy Sheriff at pay grade 16 minimum of $16.39 per hour effective June 7, 2010 and Jeff Hill as Deputy Sheriff at pay grade 16 step seven at $19.96 per hour effective June 14, 2010. All voted aye. Motion carried.

Moved by Weaver and seconded by Abernathy to authorize advertising for a correction officer to replace Todd Johnson. All voted aye. Motion carried.

WIC: Moved by Abernathy and seconded by Weaver to authorize the Chairman to sign the “State of South Dakota General Contract/Letter of Agreement for Provider Services” between Hughes County and the South Dakota Department of Health and Medical Services to provide clerical services for the Women, Infants, and Children Program June 1, 2010 to May 31, 2011 in the amount of $11,617. All voted aye. Motion carried.

BUDGET TRANSFERS: Moved by Abernathy and seconded by Weaver to approve transferring $200,000 from the General Fund to the Road & Bridge Fund, $385,557.02 from the General Fund to the Debt Service Fund, and $639,414.92 from the Building Fund to the Jail Capital Project Fund. All voted aye. Motion carried.

EXECUTIVE SESSION: Moved by Abernathy and seconded by Inman to go into executive session to discuss personnel. All voted aye. Motion carried. Moved by Weaver and seconded by Inman to go out of executive session. All voted aye. Motion carried.

Moved by Weaver and seconded by Abernathy to pay County Manager Kevin Hipple $3,000 in recognition of interim and extra duties performed to date. All voted aye. Motion carried.

CLAIMS: Moved by Abernathy and seconded by Weaver to approve the following verified claims. All voted aye. Motion carried. A-OX WELDING 180.87 SUPPLIES, ADAMSKI LAW OFFICE 7906.00 PUBLIC DEFENDER, AMERICAN MEDICAL RESPONSE 3741.87 INV 133821, ANIMAL CLINIC OF PIERRE 144.00 INV 49683, AVERA MEDICAL ASSOC 123.60 1010735 & 2032233, BEADLE CO SHERIFF 3360.00 APRIL 2010 JUV HOLD, BEST BUSINESS PRODUCTS INC 56.86 INV 54141 TONER, BEXAR COUNTY CRIMINAL INVEST 1425.00 DNA TEST #27135, BLUNT CASH STORE 244.15 INV 2995 & 3002 GAS, BLUNT CITY 40.00 UTILITIES, BOLTZ, STANLEY 20.74 WITNESS, BROSZ ENGINEERING INC 1632.50 INV 14427 ACCESS RD, BUREAU OF ADMINISTRATION 254.99 PHONE, BUREAU OF ADMINISTRATION 3143.33 POSTAGE/SERVICES, CAPITAL JOURNAL 1002.01 PUBLISH/WEED&PES/JOB ADS, CARQUEST AUTO PARTS 116.75 REPAIRS, CBM FOOD SERVICE 9875.00 FOOD, CENTURY BUSINESS PRODUCTS INC 754.73 D70548 & 34106, S3905, CHOLIK SIGN CO 80.00 REMOVE DECAL #4129, CHS CREDIT CARD 49.46 GAS, CIVIC RESEARCH INST 149.95 #2410579-R2 CORREC LAW REPORT, CNA SURETY 50.00 NOTARY BOND, COLE PAPERS INC 477.06 #8488721 SUPPLIES, COMMUNICATIONS CENTER 300.02 ACCT 4177 RADIO REPAIRS, CONE AG INC 1060.00 #100503 REPAIRS, COUNTY PRIDE COOP 1223.50 INV 100-031751 GENERATOR INSTA, DAKOTA 2000 INC 637.00 INV 39889 COMPUTER, DAKOTA SUPPLY GROUP 269.89 #6465261, 6450499 SUPPLIES, DEJABET, DAVE 20.37 WITNESS, DEPARTMENT OF CORRECTIONS 2298.98 UTILITIES/TRUSTEE/LAUNDRY, DIAMOND DRUGS 258.54 INV 000131766 INMATE MEDICATIO, DONNA DIETRICH 136.14 MI-L.B., DISABLED AMERICAN VETERANS 150.00 DAV TRANSPORTATION, EDDIES TRUCK SALES INC 2044.02 REPAIRS & SUPPLIES, ENVIROTECH WASTE SERVICE 358.75 GARBAGE, ENVIROTECH 205.00 DUMPSTERS 218354, FACTOR 360 DESIGN & TECH 11431.75 INV 15583, FARNAMS GENUINE PARTS 1576.15 REPAIRS & SUPPLIES, FASTENAL COMPANY 29.44 REPAIRS SDPIE32970, FREDRICKS, DINA 20.00 WITNESS, FRESH START CONVENIENCE 47.70 ACCT# 5296 CAR WASHES, GRAHAM TIRE 357.15 ACCT# 1701313 SERVICE, H & H REPAIR 928.62 INV 19444 SERVICE & REPAIR, HAND CO SHERIFFS OFFICE 292.58 BINOCULARS-REIMBURSE HAND CO, HIGHMORE HERALD 16.50 AD FOR JOB, HMN ARCHITECTS INC 91.47 INV 35917, HOGENS HARDWARE HANK 20.79 SUPPLIES, INGRAM PEST SERVICE 72.00 INV 15059, JONES, JANA 140.00 CPR CLASSES, KENNEDY PIER & KNOFF 287.80 MI-C.G., KLEEN SOLUTIONS INC 1049.75 INV 114539 DISHWASHER SUPPLIES, KLEINS OFFICE PLUS 393.60 SUPPLIES, KMART 33.58 #61690053 OFFICER UNIFORM, KONE INC 228.24 #220375043 ELEVATOR, NELVA KOOISTRA 15.00 MI-L.B., KUCERA ELECTRIC INC 3429.24 INV 39908 GENERATOR INSTALL, LACROIX LAW OFFICE 261.28 MI=L.B., LARAMIE, NOEL 20.00 WITNESS, LEWIS & CLARK BHS 568.00 MI-C.S., D.F.H., L.B., J.S., LEWIS DRUG 143.00 ACCT# 41581-5 INMATE MEDS, LOVE LAW OFFICE 1990.34 CT APPT ASE,SY,A&SWS,ARB, M & M AUTO REPAIR & TOWING 295.00 TOWING #1157, MAGEE LAW FIRM 7589.00 PUBLIC DEFENDER, MATTHEW BENDER & CO 1469.01 LAW BOOKS, MEDTOX LAB 130.57 ACCT# 501827 DRUG TESTS, MEYERS, TERRY 20.37 WITNESS, MICROFIX 13.95 #127379 USB CABLE, MID DAKOTA RURAL WATER SYSTEM 48.60 UTILITIES, MIDWEST COOP 27347.01 GRASS SEED & FUEL, MIKELSON, GARY E 182.26 MI-J.S., MONTANA DAKOTA UTILITIES 67.28 UTILITIES, MORRIS EQUIPMENT LLC 20.00 RENTAL #2543, MORRIS INC 20382.76 #557708,557709,04730,00611,663, MOTOROLA 5249.00 PORTABLE RADIO, NEBRASKA AIR FILTERS 696.48 #0241472IN AIR FILTERS, NILL & ASSOC 429.55 INV 20507 BILLING SERVICE, NORTHERN TIER CONSULTING 4720.00 TABLETOP & FULL SCALE EXERCISE, NORTHRUP LAW OFFICE 713.40 INVOL COMMIT C.M., OAHE ELECTRIC COOP INC 782.26 UTILITIES, OSTER, DAVE 94.20 JUV STAFF TRAINING, OVERHEAD DOOR CO 203.67 INV 27527 REPAIRS, PEARSON EDUCATION 3021.86 TRAINING MATERIAL 61005597, PENNINGTON CO JAIL 396.70 APRIL 2010 PRISONER CARE, PIERRE POLICE DEPT 234.00 TRAINING REIMBURSEMENT, PIERRE POLICE DEPT 7128.00 LAPTOPS, DOCKSTATIONS, ACCESSO, PREVISOR 230.00 #41687 DEPUTY TESTING, PRYNTCOMM 775.87 SUPPLIES, QWEST 1055.72 PHONE, QWEST 473.78 FRAME RELAY, RAWLINS MUNICIPAL LIBRARY 11071.25 LIBRARY SUPPORT, REGIONAL BEHAVIORAL HEALTH 253.68 MI-D.N., CATHY REHFUSS 15.00 MI-L.B., WADE REIMERS 3333.33 SUPP PUBLIC DEFENDER, DOUG RIPLEY 1416.66 CONTRACT WORK, RIVER CITIES TRANSIT 2583.33 MONTHLY ALLOCATION, ROBINS WATER CONDITIONING INC 92.60 SALT/WATER, ROBINSON TEXTILES 884.72 #99092 INMATE CLOTHES, ROCKET LUBE 123.05 OIL CHANGES, RUNNINGS SUPPLY 5197.35 SUPPLIES, SCHLACHTER LUMBER 244.79 SUPPLIES & REPAIRS, SCHMIDT SCHROYER MORENO & LEE 276.75 MI-INV 16723, SCHREIBER LAW OFFICE 143.25 CT APPT C.L.P., INV 1096, SD ACHIEVE 60.00 MI, SECURITY LOCK SERVICE 291.30 #3981 & 3982 LOCKS/KEYS, SERVALL UNIFORM & LINEN CO 555.58 RUGS/ RUGS & COVERALLS, SMALL ENGINE HOUSE 110.00 #4604 SUPPLIES, SOVELL LAW OFFICE 555.94 INVOL COMM R.E.E., SPRINT 9.37 LONG DISTANCE, SUTLEYS TOWN & RANCH MARKET 26.86 SUPPLIES, TMA OF PIERRE 29.46 INV 78621 OIL CHANGE, TWL SUPPLIES 666.82 #00041398 INMATE SUPPLIES, USPS 132.00 STAMPS, VELVET UNIFORMS 920.77 #1060 UNIFORMS, VENTURE COMMUNICATIONS 6357.05 SECURITY CAMERAS, VERIZON WIRELESS 869.92 CELL PHONES, W W TIRE 2488.93 ACCT 3964 REPAIRS, WALMART COMMUNITY 2165.76 SUPPLIES, WEGNER AUTO 77.26 #115875 REPAIR, WELLS FARGO CORP TRUST SRV 385557.02 ACCT# 23204900, WENDELL LAW OFFICE 866.89 INVOL COMMIT L.R.F., WEST PAYMENT CENTER 213.00 LAW BOOKS, WESTERN COMMUNICATIONS INC 2749.28 #665806, 10-665690 RADIOS, WESTERN SD JUV SERVICE 10200.00 JUV HOLD #409, WHITE EYES, HEATHER 20.37 WITNESS, YANKTON CO SHERIFF 200.00 MI, YANKTON COUNTY 311.25 MI-J.S., C.S., D.F.H., ZANDER AUTO PARTS 304.16 ACCT# 23950.

Moved by Inman and seconded by Abernathy to adjourn the meeting until 5:30 PM on Monday June 7, 2010. All voted aye. Motion carried.

*Chairman Jim Hardwick called the Monday May 3, 2010 meeting of the Board of Hughes County Commissioners to order at 5:30 PM with members Norm Weaver, Mark E. Venner, Sr., Roger Inman, and Bill M. Abernathy present. The meeting began with a prayer by Pastor John Fette and the Pledge of Allegiance.

AGENDA: Moved by Abernathy and seconded by Weaver to approve the agenda removing the Rangeland Fire Protection Agreement. All voted aye. Motion carried.

MINUTES: Moved by Venner and seconded by Abernathy to approve the regular minutes of the April 19, 2010 Commission meeting and the minutes from the Consolidated Board of Equalization and the County Board of Equalization. All voted aye. Motion carried.

PLAT: Bud and Thelma Beastrom propose to plat approximately 17 acres of land and develop 4 lots of 3.25 acres to 5.86 acres with an average lot size of 4.0 acres in Phase 2 of Table Rock Estates. The project lies immediately north of the current Flat Rock Estates Subdivision on east Highway 14/83 and adjacent to Table Rock Estates, Phase 1. Staff recommended approval.

RESOLUTION NO. 2010-9 Moved by Inman and seconded by Weaver to approve the “Plat of Lots 9 – 12 of Table Rock Estates Subdivision” located in the NW ¼ of Section 17-111-78 lying north of Highway 14/83. All voted aye. Motion carried.

MALT BEVERAGE LICENSES: 5:35 PM – Time set for a public hearing to consider the renewal of malt beverage licenses outside of municipalities in Hughes County. No one appeared for the hearing. Oahe Lodge did not remit their application to renew the off sale malt beverage license. Moved by Abernathy and seconded by Inman to approve the off sale malt beverage license for Spring Creek Ventures, LLC, the on-off sale malt beverage licenses for Triple M Travel Plaza, Inc., Terrance & Reita Etzkorn & Parsons, The Pit Stop, Whiskey River Outpost, LLC, LeBrun Partnership LLC Grey Goose Store, Don Bollweg, Tumbleweed Lodge, Rocky Ridge Hunting, Inc., Kroeplin Ag Center, Inc., and Tinker Kennels, Inc. Horsefeather Lodge. All voted aye. Motion carried.

JOINT ZONING: Thomas M. Maher and Thomas P. Maher submitted a request to rezone Lots 10-15 of Shamrock Commercial Addition in Section 24-111-79 from the Agricultural District A Zoning to Local Business District Zoning.

Moved by Weaver and seconded by Venner to give first reading to “AN ORDINANCE AMENDING SECTIONS 13-4-101 AND 13-6-101 OF ORDINANCE NO. 1265 OF THE EXTRA-TERRITORIAL JOINT JURISDICTION BETWEEN THE CITY OF PIERRE AND HUGHES COUNTY, SOUTH DAKOTA, RELATING TO PLANNING AND ZONING AND CHANGING THE CLASSIFICATION OF CERTAIN PROPERTY FROM THE AGRICULTURAL A DISTRICT TO THE LOCAL BUSINESS ZONING DISTRICT” and set a hearing date for May 18^th at 5:30 PM in the Pierre City Hall Commission room. All voted aye. Motion carried.

JAIL MEDICAL: Sheriff Leidholt along with Certified Nurse Practitioner Tami Hogie met with the Commission to propose adding more time to the contract for nursing services at the new jail. The health care of prisoners has surpassed the contracted time being spent giving medications, doing physicals and sick calls. Moved by Venner and seconded by Abernathy to approve an additional twelve hours a week nursing services at a rate of $25.00 per hour increasing the contracted nursing hours to 32 per week. All voted aye. Motion carried.

HIGHWAY DEPT: Highway Superintendent Mike Meyer met with the Commission about a used motor grader that a township was interested in purchasing from Hughes County. Moved by Venner and seconded by Weaver to authorize the sale of a 2005 Caterpillar 140H (OCCA01722) with snow equipment to Goose Lake Township in Charles Mix County in the amount of $135,000. All voted aye. Motion carried.

Moved by Inman and seconded by Venner to authorize hiring Dick Schmitz as a seasonal Highway Department worker to mow road ditches at pay grade 14 minimum of $14.05 per hour. All voted aye. Motion carried.

Mike Ferris stopped in to file a second request that the county pay to put an approach on 291^st Avenue to improve access to his property. The Commission asked Meyer to meet with Ferris and attempt to find a solution. The Commission reaffirmed that their decision of August 3, 2009 still stands.

HOMELAND SECURITY: Emergency Manager Rob Fines met with the Commission about Homeland Security funds received for administering the region grant funds. Fines explained the different types of equipment that would qualify. The Commission asked Fines to get together with department heads and bring back a list.

OLD JAIL: County Manager Kevin Hipple presented a summary of ideas received for uses of the old jail with the majority of the responses being to tear it down for parking space. The Commission questioned cost and funding for any of the proposed uses of the old jail. The Commission asked for concrete proposals to proceed with some sort of project in 30 days.

VETERAN’S SERVICE: Moved by Abernathy and seconded by Venner to approve hiring Charles Quinn as Veteran’s Service Officer at pay grade 17 step three at $19.53 per hour effective May 18, 2010. All voted aye. Motion carried.

PLANNING & ZONING: Seven applications have been received for the Director of Planning and Zoning position. The City of Pierre indicated they would still be willing to perform planning and zoning services for the county on a contract basis similar to what was done previously. The Central SD Enhancement District has also expressed an interest in the planning and zoning portion.

COURTHOUSE: Moved by Abernathy and seconded by Inman to approve a proposal from the Department of Corrections tuck-pointing crew to fix the cap on the retaining wall at the front of the courthouse property in an approximate amount $6,579.25. All voted aye. Motion carried.

RAFFLE: Moved by Abernathy and seconded by Weaver to approve a request from the Abate riding club to hold two raffles in Hughes County. All voted aye. Motion carried.

CLAIMS: Moved by Inman and seconded by Abernathy to approve the following claims. All voted aye. Motion carried. AG BIO COMMUNICATIONS 16.16 SUPPLIES #I1833, ALLTEL 279.02 AIR CARDS, AUTOMATIC BUILDING CONTROLS 413.00 #194029 & 191563/INSPECT, MONI, BAUMANN LUMBER 829.23 INV 41474 REPAIRS, BECK, RUTH 211.82 POSTAGE & TRAVEL, BENNETT, SHEILA 20.37 WITNESS, BLACK BOOK 58.00 ACCT# 275463, BLACK, LESA 20.00 WITNESS, BLUNT FARM SERVICE 2647.83 FUEL #1404, BOB BARKER COMPANY 127.66 WEB000123167 & 122943, BORDEAUX, SHERRY 20.00 WITNESS, BUREAU OF ADMINISTRATION 1146.29 DP003204/POSTAGE, BURRER, JAMI 20.00 WITNESS, BURRER, MICHAEL 20.00 WITNESS, BUTLER 979.26 EQUIP REPAIRS, CARLSON, LYNN 55.00 SUBS - REG, CASH-WA DISTRIBUTING 1400.36 FOOD, CBM FOOD SERVICE 6653.08 MEALS, CENTRAL CULVERT SUPPLY 1673.80 CULVERTS #042710, CENTURY BUSINESS PRODUCTS INC 756.31 32599, 32523, 32784, CITIBUSINESS CARD 802.39 CONF REG/PING PONG TABLE, CLOUD EAGLE, VICTORIA 20.00 WITNESS, COLE PAPERS INC 771.74 8483500 & 8473653 SUPPLIES, COMM TECH INC 2662.01 #208 REMOVE CAMERAS OLD JAIL, COWAN CONSTRUCTION 3137.60 CEMENT WORK #609810, CRESWELL, RHONDA 20.00 WITNESS, CRISIS PREVENTION INST 271.59 CUS1005690 TRAINING WORKBOOK, DAKOTA SUPPLY GROUP 507.65 SUPPLIES, DELL MARKETING LP 11661.86 XDPCRRK31 COMPUTERS, DEPT OF HEALTH 576.00 FLU SHOTS, DEPT OF REVENUE 652.00 BAC, DIAMOND DRUGS INC 222.76 CUST SDHU, MEDICATIONS, DONNA DIETRICH 273.28 MI-D.F.H., C.S., DOUGLAS CO COURT 1.50 JOC, DUNCAN, ROBERT 50.00 GAS, EXTENSION SERVICE 24.05 TRAVEL, FSH COMMUNICATIONS 60.00 000358539 PAY PHONE, FT PIERRE CITY 555.60 UTILITIES - EXPO, FT PIERRE PIZZA RANCH 75.48 TICKET 1304009563/MEAL, GALLS 43.97 #510558117 SUPPLIES, GLASS PRODUCTS 83.75 #27076 & 27077 SUPPLIES, GROSSENBURG IMPLEMENT 283.07 INV 185198/PARTS\ACCT 2001357, H & H REPAIR 833.87 REPAIRS #21838, HALDEMAN-HOMME 207.97 INV 135237 SHELVING, HEARTLAND PAPER CO 32.16 K819293-2 BROOM, HOGENS HARDWARE HANK 28.76 SUPPLIES, HOWE, CANDACE 20.00 WITNESS, HUNT, JUDITH 142.41 WITNESS, INGRAM PEST SERVICE 115.00 INV 14941 PEST CONTROL, INTOXIMETERS 1240.00 INV 301406 PBT TUBES, JACOBSON, LORI 21.20 SUPPLIES, KARST, TREVOR 20.00 WITNESS, KLEINS OFFICE PLUS 857.13 SUPPLIES, NELVA KOOISTRA 30.00 MI-C.S., D.F.H., LACROIX LAW OFFICE 191.58 MI-C.S., LAPOINTE, ARIANA 20.00 WITNESS, LARSON, JAY 20.00 WITNESS, LIBERTY MUTUAL 100.00 NOTARY BOND, LINCOLN COUNTY 67.50 INV 201004150816, MALSAM, JORDAN 20.00 WITNESS, MID DAKOTA RURAL WATER SYSTEM 2849.60 UTILITIES, MIDCONTINENT COMMUNICATIONS 55.00 UTILITIES, MIDWEST COOP 3811.01 GAS #24342, MN WIRELESS LLC 138.00 INV 44564, 44565 INTERNET, MONTANA DAKOTA UTILITIES 1640.05 UTILITIES, MORRIS EQUIPMENT LLC 73.85 2392, 2401, 2322, EQUIP RENT, MORRIS INC 100.00 557423 & 557518 REPAIRS, MOSS, BILL 650.00 ACCT # 1193 IEW, MOTION INDUSTRIES INC 9609.47 SD01-046912 MOTOR, NATIONAL 4H COUNCIL SUPPLY SRV 39.93 0000760023 SUPPLIES, NEILAN, JARED 20.00 WITNESS, NEWNAN, STAN 25.43 UNIFORM PANTS, NORTHERN HILLS ALCOHOL & DRUG 100.00 INV 8384 EVAL & TREAT, NORTHWESTERN ENERGY 197.78 UTILITIES, OLSON, RMR VALORIE R 25.00 INV 5155 MI-D.F.H., OVERHEAD DOOR 298.92 INV 27493 REPAIR, PEITZ SERVICE EXPERTS 53.88 OLD JAIL #67762, PIERRE CITY 152.48 CARE OF POOR M.A., B.B., PIERRE CITY 13738.24 MED DIR / UTILITIES, PRIBYL, SCOTT 2425.00 EVAL J.L.D., QWEST 210.93 PHONE, CATHY REHFUSS 30.00 MI-C.S., D.F.H., ROBINS WATER CONDITIONING INC 84.90 WATER/SALT, SCOVEL PSYCHOLOGICAL & COUNSEL 870.00 #210100408 J.C., SDN TECHNOLOGIES LLC 4998.98 #69019 & 69020, SECURITY LOCK SERVICE 20.00 INV 3953, SMITHS FIRE EXTINGUISHER 24.00 INSPECTION #05214, ST MARYS HEALTHCARE 2065.87 VP0001032366/V00001168885, STATE INDUSTRIAL PROD 443.62 SUPPLIES #94589733, STREICHERS 1495.10 INV 1731931 SUPPLIES, THOMPSON, KERRA 20.00 WITNESS, THOMPSON, TERRA 20.00 WITNESS, THREADS & BEDS 130.32 SEWING, USPS 185.00 BULK MAIL PERMIT/RENEWAL, VELVET UNIFORMS, COM 46.10 INV 1044 NAME TAGS, WALGREENS COMPANY 130.97 HUGHES CO JAIL INMATE MEDICATI, WALMART COMMUNITY 998.91 SUPPLIES, WANDA STANGE PRORATE 70.00 DRUG TESTS #22383, WESTERN COMMUNICATIONS INC 870.00 10-665806 RADIOS.

EXECUTIVE SESSION: Moved by Abernathy and seconded by Venner to go into executive session to discuss indigent claims and personnel. All voted aye. Motion carried. Moved by Venner and seconded by Weaver to go out of executive session. All voted aye. Motion carried.

INDIGENT CLAIMS: Moved by Venner and seconded by Abernathy to deny claim number 20091215-01 from St. Mary’s Hospital for I.J.D. 11/08/09 to 11/10/09 in the amount of $3,490.07. All voted aye. Motion carried.

The following salaries and benefits were paid by department in the month of April 2010: Commissioners-18,195.61, Auditor-13,366.16, Treasurer-16,029.69, States Attorney-21,392.32, Govt Buildings-7,587.86, Equalization-9,014.03, Register of Deeds-7,954.89, Veterans Service-5,190.61, Sheriff-32,888.47, Jail-127,151.93, Coroner-284.13, Shelter Care-22,682.58, Nurses/WIC-3,120.10, Extension-3,629.61, Weed & Pest-325.38, Planning & Zoning-, Road & Bridge-47,149.48, Emergency Management-9,627.77.

Auditor’s Account with the Treasurer May 3, 2010: Cash on hand-3,187.36, Checks in the Treasurer’s possession less than three days-621,902.01, Cash items-4.95, Demand deposits: BankWest-1,432.25, American State Bank-3,857,043.59, Bad Checks Outstanding-1,104.25, Investments-4,068,557.95. Total Cash Assets-$8,553,232.36.

Register of Deeds Fees Collected in April 2010: Recording Fees-4,512.00, Transfer Fees-5,038.00, Copy Fees-213.00, Credit Card Fees-135.00, Document Fees-0.00, Passport Fees-475.00, Vitals-2,865.00. Total $13,238.00.

Moved by Weaver and seconded by Venner to adjourn the meeting until Monday May 17, 2010 at 5:30 PM.

*Chairman Jim Hardwick called the Monday April 19, 2010 meeting of the Board of Hughes County Commissioners to order at 5:30 PM with members Norm Weaver, Mark E. Venner, Sr., Roger Inman, and Bill M. Abernathy present. County Manager Kevin Hipple and Sheriff Mike Leidholt were also present. The meeting began with a prayer by Pastor John Fette and the Pledge of Allegiance.

AGENDA: Moved by Abernathy and seconded by Inman to approve the agenda adding courthouse parking lot discussion and advertising for gravel crushing and removing the 200^th Street discussion. All voted aye. Motion carried.

MINUTES: Moved by Abernathy and seconded by Inman to approve the minutes of the April 5, 2010 commission meeting. All voted aye. Motion carried.

JOINT PLANNING & ZONING: Pierre City Commissioners Jeanne Goodman, Jamie Huizenga, Steve Harding, Jim Mehlhaff, and Mayor Laurie Gill joined the Hughes County Commissioners for a joint planning and zoning public hearing to consider a request from Central South Dakota Racing Association (CSDRA)/Chad Griese, property owner, for a two year renewable conditional use permit to operate a motocross practice/racetrack. The location is in Shamrock Commercial Addition northeast of Pierre City Limits, South of Highway 14/83, southeast of the County Highway Shop and Pioneer Implement on 293rd Avenue. City Zoning Sharon Pruess explained the request. There were several people in attendance for the hearing.

Griese received a 1-year special use permit on 10/2/06 from the Board of Adjustment to operate the track for the summer 2007 racing season. Griese received a new permit on 1/7/08 for the 2008 racing season. He was granted a 1-year special use permit. Griese requested a new permit on 4/13/09 for the 2009 racing season. The Board of Adjustment granted their last 1-year permit & made it clear that they would not be granting any additional permits. The motocross track is located on 2 vacant commercial lots in the Shamrock Commercial Addition. The 2 lots have been graded for a track and Griese has placed a 12x24 shed with a crow’s nest. Griese has indicated he does not anticipate finding an alternate location to move the track. Griese has also indicated if this CUP is not approved, he will continue to operate this track as a private practice course for his friends and family.

John and Mary Baldridge, neighboring property owners, presented and read a written objection to the request for a conditional use permit. The noise and disruption to them is un-acceptable.

Chad Griese and Travis Stout made some comments about trying to do everything they could to accommodate the neighbors. He said they want to have just one sanctioned race this year and will have practice times for family and friends if the conditional use permit is approved.

Les Donner, an employee of a neighboring property, owner testified that he didn’t think there were that many motorcycles using the track. He thought there was more noise coming from Pioneer of Pierre.

Connie Steely, a mother, testified that the motocross has been a blessing to her family in keeping her kids busy.

Moved by Pierre City Commissioner Jim Mehlhaff and seconded by Hughes County Commissioner Roger Inman to approve the request for a conditional use permit as recommended by the Joint Planning and Zoning Board with the following conditions; this is a 2-year renewable conditional use permit for a motocross practice/race track at 20590 293rd Avenue, operation times would be Monday thru Friday 5 pm to dusk, Saturday & Sunday 10 am to dusk, and one weekend race event per year will be allowed under this permit. Mehlhaff and Inman agreed to amend the motion to end daily operations at 9:00 PM and that additional race events could be considered by the Joint Planning & Zoning Commission. Roll Call Vote - Aye: Mehlhaff, Abernathy, Inman, Huizenga, Goodman, Weaver, Venner, Mayor Gill and Chairman Hardwick. Nay: None. Motion carried.

COURTHOUSE PARKING: R. Fred Thurston met with the Commission to propose that a private group of business owners’ contract with the county to demolish the vacated jail fill and level the area and pave it for a parking lot in exchange for a 15-20 year lease for parking spots on the courthouse grounds. The term of the lease would be based on the final construction costs and be tied to the amortization of the construction costs. Mayor Gill and City Manager Leon Schochenmaier spoke in support of consideration of the proposal. The Commission agreed to consider this further in a month.

STATES ATTORNEY: States Attorney Kelly Marnette and her staff met with the Commission and proposed installing a secure entrance to her office for safety purposes. A quote was received from Glass Products, Inc. to furnish and install safety fixtures for approximately $3,000. Moved by Venner and seconded by Abernathy to authorize proceeding with the project. Voting aye: Weaver, Venner, Inman, & Abernathy. Nay: Hardwick. Motion carried.

States Attorney Kelly Marnette informed the Commission that the Supreme Court reversed the circuit court’s order that Hughes County pay attorney fees to a court appointed attorney, including those for appeal, in a guardianship proceeding to transfer custody to a non-parent. The Commission directed staff to write a letter to the attorney requesting that the funds be returned.

HIGHWAY DEPT: Highway Superintendent Mike Meyer met with the Commission to discuss department business. Moved by Weaver and seconded by Venner to authorize advertising for a seasonal employee out of the Harrold Shop. All voted aye. Motion carried.

Moved by Venner and seconded by Abernathy to approve advertising for gravel crushing. All voted aye. Motion carried.

NEW JAIL: Gerry Johnson and Stan Wheelock met with the Commission to let them know they delivered all the plans and manuals and requested final payment. Moved by Venner and seconded by Abernathy to authorize releasing the funds that were withheld last meeting to GA Johnson and HMN Architects. All voted aye. Motion carried.

Derek McTighe with Brosz Engineering met with the Commission to discuss a jail site work pay application. Moved by Abernathy and seconded by Weaver to authorize payment to Morris, Inc in the amount of $12,362.76 and $6,464.73 and approve change order #2 that will decrease the contract price with Morris, Inc. by $49,358.84. All voted aye. Motion carried.

ABATEMENT: Moved by Venner and seconded by Inman to approve the refund of 2007, 2008, and 2009 taxes in the amount of $484.02 and the abatement of 2010 taxes in the amount of $163.80 on property owned by Midwest Development of Pierre that was on the assessment list twice. All voted aye. Motion carried.

SURPLUS ANALYSIS: The following analysis should be completed as of March thirty-first and September thirtieth of each year. Thereafter, the unreserved, undesignated fund balance amount should be published in the minutes of the governing board. This analysis should also be filed with the Department of Legislative Audit. ASSETS: Cash $1,731,461.55; Taxes Receivable Current $3,435,068.19; Taxes Receivable Delinquent $51,503.31. TOTAL ASSETS $5,218,033.05. LIABILITIES & EQUITY: Designated for Next Year’s Appropriations March ¾ of the current year budget $980,350.50; Designated for Jail/Relocation $347,243.28; Undesignated $403,867.77. TOTAL LIABILITIES AND EQUITY $5,218,033.05. The unreserved, undesignated fund balance is 5.34% as of March 31, 2010.

MALT BEVERAGE LICENSES: Moved by Weaver and seconded by Abernathy to authorize advertising a public hearing to consider applications for renewal of malt beverage licenses outside of municipalities for 5:35 PM on Monday May 3, 2010. All voted aye. Motion carried.

LIEN WAIVER: Linda Warr sent a letter to the Commission requesting that they forgive a lien placed against them for attorney fees paid by the county for their son in 2005. Moved by Inman and seconded by Weaver to deny the request. All voted aye. Motion carried.

LEASE: Moved by Abernathy and seconded by Venner to authorize the Chairman to sign a Lease with the Department of Health for the 302 East Dakota property in the amount of $1,565 per month. All voted aye. Motion carried.

MOSQUITO: Moved by Weaver and seconded by Abernathy to authorize the Chairman to sign an agreement with the City of Pierre to provide mosquito management services within the county of Hughes. All voted aye. Motion carried.

EXECUTIVE SESSION: Moved by Venner and seconded by Abernathy to go into executive session to discuss an indigent hospital claim and personnel with the Sheriff and States Attorney. All voted aye. Motion carried. Moved by Inman and seconded by Abernathy to go out of executive session. All voted aye. Motion carried.

INDIGENT CLAIMS: Moved by Venner and seconded by Weaver to deny payment of claim number 20100127-02 from Avera Heart Hospital for F.H. 12/04/09 to 12/05/09 in the amount of $9,556.30. All voted aye. Motion carried.

CLAIMS: Moved by Abernathy and seconded by Venner to approve the following verified claims. All voted aye. Motion carried. A-OX WELDING 1623.21 SUPPLIES, ADAMSKI LAW OFFICE 7906.00 PUBLIC DEFENDER, AMERICAN HORSE, CHARLENE 20.37 WITNESS, AMERICAN MEDICAL RESPONSE 3741.87 INV 132822, ANIMAL CLINIC OF PIERRE 192.00 INV 48989 ANIMAL IMPOUND, AUTOMATIC BUILDING CENTER 220.00 FIRE ALARM #192832, BEADLE CO SHERIFF 6720.00 JUV HOLD MARCH 2010, BECK MOTORS 65.85 INV 217654 VEHICLE SERVICE, BEXAR COUNTY 2787.00 INV 27068 & 27069, BLUNT CASH STORE 262.50 INV 2984 & 2987, BLUNT CITY 40.00 WATER & SEWER, BLUNT REPAIR 38.18 INV 7851 & 7829, BOTTOM LINE WELDING 96.00 SUPPLIES #5276, BRIDGET M PHOTOGRAPHY 649.90 CAMERAS #554, BUREAU OF ADMINISTRATION 201.92 PHONE, BUREAU OF ADMINISTRATION 882.83 SUPPLIES/SERVICE/POSTAGE/UTIL, BUTLER 1237.16 RAPAIR/OIL #5155, CAPITAL AREA COUNSELING 6322.00 QMHP EVALS, CAPITAL JOURNAL 319.73 ADS/HELPWANT/SUMMER ASSIST, CAPITOL REPORTING SERVICE 117.80 COURT REPORTING L.V., CAPS TRAIL SERVICE 900.64 GAS/FILTERS/REPAIRS 125503, CAROL BUTZMAN CONSULTING LLC 291.76 QMHP EVALS #318, CARQUEST AUTO PARTS 42.30 #2201-ID-123541 PARTS, CBM FOOD SERVICE 14383.08 MEALS 27281&27334/KITCH EQUIP, CENTURY BUSINESS PRODUCTS INC 468.19 INV 30866,S3565, 31451, CHOLIK SIGN CO 230.00 SIGN #4062, CODEX 22567.00 #1051 & 1052 WRIST BAND SYSTEM, COLE PAPERS INC 898.87 SUPPLIES, DAKOTA BUSINESS CENTER 851.51 IN176713 & IN176701 SUPPLIES, DAKOTA SUPPLY GROUP 70.00 #6421638 SUPPLIES, DAKOTABILITIES 360.00 APRIL-JUNE CARE, DEJABET, DAVE 41.48 WITNESS, DEPARTMENT OF CORRECTIONS 1250.16 TRUSTEES, DEPT OF REVENUE 9.00 LICENSE PLATES CO10688, DEPARTMENT OF TRANSPORTATION 4252.21 S59106 FUEL, DONNA DIETRICH 295.18 MI-L.B. & J.S., DISABLED AMERICAN VETERANS 150.00 DAV TRANSPORTATION, EDDIES TRUCK SALES INC 699.75 FILTERS/SUPPLIES/REPAIRS, ENVIROTECH WASTE SERVICE 471.05 GARBAGE/RECYCLE, ERTZ ED D, DEWEY J 877.50 ACCT 3565 COURT ORDERED EVAL, EXHAUST PROS OF PIERRE 9.00 REPAIRS #324264, FARNAMS GENUINE PARTS 1002.46 SUPPLIES, REPAIRS, FILTERS, FLYWAY ACRES ROAD DIST 199.81 MARCH TAXES, FOX YOUNGBERG & LEWNO PC 391.52 MI-M.W., M.G., FRESH START CONVENIENCE STORES 27.00 ACCT #5296 CAR WASHES, FRIMAN OIL & GAS CO INC 1496.88 HEATING #2416, 2417, FT PIERRE CITY 220.62 INV 653, 654 COPIER RENT, GRODE, LORI 1243.80 COURT REPORTING, H & H REPAIR 3530.00 INV 21749, HARROLD FIRE DEPT 4365.48 1ST QUART PMT/BANK FRAN SHARE, HEARTLAND PAPER CO 335.75 #K819293-1 SUPPLIES, HERC U LIFT INC 371.86 REPAIRS S0005372, HMN ARCHITECTS INC 924.06 INV 35799, HOGENS HARDWARE HANK 17.34 SUPPLIES, HORN LAW OFFICE 196.60 MI-L.B., INGRAM PEST SERVICE 72.00 INV 14928, JACOBSON, LORI 321.80 SUPPLIES & TRAVEL, JANZ PHD, DONALD A 1100.00 COURT ORDERED EVAL S.G., JOHNSON MINER MARLOW WOODWARD 157.43 MI - D.B.S., KING LAWN IRRIGATION 1796.20 NEW JAIL SPRINKLER, KLEINS OFFICE FURNITURE 154.82 RESTOCK FEE & SUPPLIES, KLEINS OFFICE PLUS 217.87 SUPPLIES, NELVA KOOISTRA 30.00 MI-L.B., J.S., LAWSON PRODUCTS INC 501.90 SUPPLIES, LEWIS & CLARK BHS 852.00 MI-CP,MG,MW,DBS,LM,LB, MAGEE LAW FIRM 7589.00 PUBLIC DEFENDER, MARSHAL & SWIFT 1358.15 COMMERCIAL/AG ESTIMATOR, MARTELL, BECKY 59.88 UNIFORM PANTS, MCLEODS 167.46 SUPPLIES #012105, MICROFIX COMPUTERS, INC 79.90 #064176 SUPPLIES, MID DAKOTA RURAL WATER SYSTEM 35.00 WATER, MIDWEST TIRE & MUFFLER 102.90 SERVICE #77693, MONTANA DAKOTA UTILITIES 1735.67 UTILITIES, MORRIS INC 144.77 INV 557426 SPRINKLER, NIEHOFF, RICHARD 20.74 WITNESS, NILL & ASSOC 399.83 INV 20353 / BILLING, NOBLE INK & TONER 68.99 INV 9479 & 9483, OAHE ELECTRIC COOP INC 1002.46 UTILITIES, OGAN, NEIL 22.96 WITNESS, OVERHEAD DOOR 10.18 REPAIR #27280, PAXTON, DALANEY 20.74 WITNESS, PENNINGTON CO AUDITOR 55.00 MI-D.N., PENNINGTON CO JAIL 1596.85 PRISONER TRANSPORT MARCH 2010, PIERRE AREA CHAMBER OF COMMERC 50.00 ROOM RENT 2010-568, PIERRE CITY 1332.29 CARE OF POOR C.H. & UTILITIES, PIERRE RURAL FIRE DEPT 10799.55 1ST QUARTER PMT/BANK FRAN SHAR, PRYNTCOMM 229.19 ACCT2190 & 1403/SUPPLIES, QWEST 473.78 FRAME RELAY, QWEST 1211.67 PHONE, RABER CIVIL TOWNSHIP TRES. 586.04 MARCH TAXES, RADIO SHACK 32.99 INV 147875 CABLE, RAPID CITY REGIONAL HOSPITAL 3490.00 INV RCCC8949 / MI-D.N., CATHY REHFUSS 30.00 MI-L.B., J.S., WADE REIMERS 3333.33 SUPP PUBLIC DEFENDER, DOUG RIPLEY 1416.66 CONTRACT WORK, RIVER CITIES TRANSIT 2583.33 MONTHLY ALLOCATION, SCHLACHTER LUMBER 11.45 SUPPLIES, SCHLACHTER LUMBER 8.79 SUPPLIES, SCHREIBER LAW FIRM 663.87 CT APPT: JW,JLD,CMH,RLY, SCOVEL PSYCHOLOGICAL & COUNSEL 870.00 INV 210100408, SD ACHIEVE 60.00 INV 16846 MI-MONTHLY, SD CONTINUING LEGAL ED 325.00 INV 1121 SUBSCRIPTION RENEWAL, SD DISCOVERY CENTER 50.00 BOOTH RENT, SDACO 600.00 2010 SPRING WORKSHOP, SERVALL UNIFORM & LINEN CO 301.87 RUGS, SHAMROCK ROAD DISTRICT 130.00 MARCH TAXES, SHEEHAN MACK SALES & EQUIP 712.00 REPAIRS C98882, SIEBRASSE LAW OFFICE 1057.82 CT APPT A.H., SIMPLEX GRINNELL 1132.00 INV 73523811 / SUPPLIES, SOVELL LAW OFFICE 2611.09 CT APPT C.M., L.B., SPRINT 9.29 LONG DISTANCE, ST MARYS HEALTHCARE 4882.53 CRISIS ROOM, ST MARYS HEALTHCARE 512.42 VAB83608 A.H., STANLEY CO AUDITOR 15000.00 FAIR GROUNDS CONTRACT, SUNSET RIDGE & MEADOWS RD DIST 500.00 MARCH TAXES, SUTLEYS SUPER SAVINGS STORE 173.56 FOOD, SUTLEYS TOWN & RANCH MARKET 20.74 SUPPLIES, THURMAN LAW OFFICE 179.86 MI-H.B., TRUGREEN - CHEMLAWN 90.00 LAWN CARE #4381, TWL BILLING SVCS 135.00 CLEANING SUPPLIES #00040619, URBAN INDIAN HEALTH 80.00 16134A-PIR-102 EVALUATION, VELVET UNIFORMS 152.18 UNIFORMS #1001, VENTURE COMMUNICATIONS 115.07 PHONE, VERIZON WIRELESS 864.36 CELL PHONE, WESTERN SD JUVENILE SERVICES 21200.00 JUV HOLDING #396, WHEELCO 80.65 INV 200840022 REPAIRS, WHISPERING PINES ROAD DIST 120.00 MARCH TAXES, WINNER POLICE DEPT 66.80 PRISONER TRANSPORT, YANKTON CO SHERIFF 75.00 MI-HB,MG,LM, YANKTON COUNTY 726.25 MI-GP,MG,LM,LB,DBS,LB,MN, ZANDER AUTO PARTS 606.53 REPAIR / SUPPLIES, ZHENG, KELLY 20.74 WITNESS.

Moved by Inman and seconded by Abernathy to adjourn the meeting until 5:30 PM on Monday May 3, 2010. All voted aye. Motion carried.

*Chairman Jim Hardwick called the Monday April 5, 2010 meeting of the Board of Hughes County Commissioners to order at 5:30 PM with members Norm Weaver, Mark E. Venner, Sr., Roger Inman, and Bill M. Abernathy present. The meeting began with a prayer by Pastor John Fette and the Pledge of Allegiance.

AGENDA: Moved by Abernathy and seconded by Inman to approve the agenda adding an item in regard to concrete repair at the courthouse. All voted aye. Motion carried.

MINUTES: Moved by Abernathy and seconded by Inman to approve the minutes of the March 15, 2010 Commission meeting. All voted aye. Motion carried.

EXTENSION: Ruth Beck introduced the new 4-H Extension Educator Lori Jacobson.

FAIR BOARD: Chairman Hardwick gave an update about the proposed county Fair Board. Hardwick and staff met with Extension Educator Ruth Beck and the Extension Board to answer questions about changing the way the Fair is operated so the county is in compliance with state law. Moved by Abernathy and seconded by Venner up to authorize spending up to $1,000 in legal and accountant fees to help with by-laws and Articles of Incorporation and establishing a non-profit organization to operate the Fair on behalf of the county. All voted aye. Motion carried.

COURTHOUSE: Moved by Venner and seconded by Abernathy to authorize accepting the low quote from Cowan Construction to repair the concrete behind the courthouse. All voted aye. Motion carried.

Moved by Weaver and seconded by Abernathy to approve the purchase of a new mower tractor with a 48 inch mower attachment, 47 inch snow blower, 60 inch heavy duty broom and a hard cab for winter use in the amount of $16,400 from Grossenburg Implement. All voted aye. Motion carried.

SHERIFF: Sheriff Leidholt gave the Commission a report about department duties and staffing hours. Moved by Venner and seconded by Weaver to authorize the Sheriff to hire a replacement Deputy Sheriff. All voted aye. Motion carried.

JUVENILE SHELTER: Moved by Venner and seconded by Weaver to authorize hiring the following correction officers for the Juvenile Shelter: Terry Smith, effective March 22, 2010 at pay grade 14 step 3 $15.50 per hour, Byron Jennings, effective April 5, 2010 at pay grade 14 minimum $14.05 per hour, Rebecca Martell, effective April 6, 2010 at pay grade 14 minimum $14.05 per hour, and Misty Burton, effective April 8, 2010 at pay grade 14 minimum $14.05 per hour. All voted aye. Motion carried.

EMERGENCY MANAGEMENT: Moved by Abernathy and seconded by Inman to authorize hiring Holly Woll-Salkeld as the Homeland Security Specialist at pay grade 16 step one hourly rate of $17.21 effective April 19, 2010. All voted aye. Motion carried.

HIGHWAY DEPT: Moved by Venner and seconded by Abernathy to authorize hiring Laurel Guiliano as the Administrative Assistant in the Highway Department at pay grade 13 minimum of $13.01 per hour effective April 19, 2010. All voted aye. Motion carried.

Moved by Inman and seconded by Weaver to authorize advertising for a replacement blade operator to fill the position that will be vacated by Dick Schmitz when he retires in May. All voted aye. Motion carried.

VETERAN’S SERVICE: Moved by Abernathy and seconded by Inman to accept the resignation from Veteran’s Service Officer Wade Rising effective April 9, 2010. All voted aye. Motion carried.

Moved by Inman and seconded by Weaver to authorize advertising for a replacement. All voted aye. Motion carried.

PLANNING & ZONING: Moved by Venner and seconded by Weaver to authorize advertising for a Director of Planning and Zoning/Building Inspector. All voted aye. Motion carried.

DELINQUENT TAXES: Moved by Weaver and seconded by Abernathy to authorize the Chairman to sign an agreement with Kathy Mestes to make monthly payments on her delinquent property taxes. All voted aye. Motion carried.

ABATEMENT: Moved by Venner and seconded by Weaver to approve an abatement of taxes in the amount of $51.55 on property owned by Morris Inc. that was assessed twice. All voted aye. Motion carried.

RESOLUTION: Moved by Inman and seconded by Abernathy to approve the following resolution proclaiming April as County Government month. All voted aye. Motion carried.

RESOLUTION NO. 2010-8

South Dakota County Government Month

WHEREAS, South Dakota 66 counties provide a variety of essential public services to communities serving all South Dakota citizens; and

WHEREAS, all South Dakota counties take seriously their responsibility to protect and enhance the health, welfare and safety of its residents in sensible and cost-effective ways; and

WHEREAS, the National Association of Counties has encouraged counties across the country to actively promote county government programs and services to raise public awareness and understanding about the roles and responsibilities of the nation’s counties to meet the needs of the community; and

WHEREAS, the National Association of Counties and South Dakota Counties are working together to Restore the Partnership among all levels of government to better serve the communities of South Dakota;

NOW, THEREFORE, BE IT RESOLVED THAT, the Hughes County Commission does hereby proclaim April as County Government Month and encourage all citizens, county officials, employees, and schools, to participate in county government celebration activities.

GOOD FRIDAY: Moved by Weaver and seconded by Venner to approve four hours off for full time county employees on Good Friday afternoon April 2 and a prorated amount of hours off for permanent part-time employees. All voted aye. Motion carried.

EQUALIZATION: The Commission agreed to meet as the Consolidated Board of Equalization at 2:00 PM on April 19, 2010 and the County Board of Equalization at 4:00 PM on April 19, 2010.

CLAIMS: Moved by Venner and seconded by Inman to approve the following claims withholding the G.A. Johnson and HMN Architects claims pending receipt of letters of satisfaction and lien waivers. All voted aye. Motion carried. AB INVESTIGATIONS 2035.24 INV 10-3, ACTIVE DATA SYSTEMS INC 2591.40 INV 3-10152, ALL AROUND GRAPHIX 81.50 INV 46819, ALLTEL 278.95 AIRCARDS, ANDERSON CLOTHING 39.98 UNIFORMS, ANDERSON, SHALISTA 20.74 WITNESS, BERGESON, DON 56.66 EXT BRD MEETING, BLATCHFORD, STEVIE 20.00 WITNESS, BOB BARKER COMPANY 371.15 INMATE CLOTHES UT1000152204, BRAY, BRETT 58.14 EXT BRD MEETING, BUREAU OF ADMINISTRATION 3232.88 POSTAGE & PRODUCTION, BUTLER 16929.00 EQUIP #04550003668, CAPITAL JOURNAL 511.84 PUBLISHING, CAPITAL REPORTING SERVICES 26.60 TRANSCRIPT R.S., CARLISLE, CARSON 50.00 EXT BRD MEETING, CBM FOOD SERVICE 4821.00 MEALS, CDW GOVERNMENT INC 1860.84 PRINTERS RZW5008, CEDAR SHORE RESORT 50.00 ROOM RENT #211172, CENTURY BUSINESS PRODUCTS INC 499.92 INV 29719 & 29762, CITIBUSINESS CARD 2499.14 SUPPLIES, COLE PAPERS INC 3399.21 SUPPLIES, COMM TECH INC 1921.34 CABLE & ALARM #184 & 196, COMMUNICATIONS CENTER 92.68 RADIO REPAIR #31141 & 31143, DAKOTA BUSINESS CENTER 99.70 SUPPLIES IN175497, DELL MARKETING LP 607.99 COMPUTER XDN6WDDF7, DEPARTMENT OF CORRECTIONS 242.58 TRUSTEE, DEPT OF REVENUE & REGULATION 317.00 WATER TESTS & BAC, DEPARTMENT OF TRANSPORTATION 43468.75 S58820, DONNA DIETRICH 824.34 MI-LM,GP,MG,LHB,DBS,MW, DIV OF MOTOR VEHICLE 8.00 LICENSE PLATES/SHERIFF, ELDER, VERA 20.00 WITNESS, ELECTION SYSTEMS & SOFTWARE 7932.00 INV 733957, ENVIROTECH WASTE SERVICE 95.00 GARBAGE, EXTENSION SERVICE 61.05 TRAVEL EXPENSES, FARMER BROS COFFEE 88.26 FOOD, FASTENAL COMPANY 1554.27 SUPPLIES, FOX YOUNGBERG & LEWNO PC 195.76 MI-S.E., FRIMAN OIL & GAS CO INC 1496.88 UTILITIES/#2416, 2417, FSH COMMUNICATIONS 60.00 PAYPHONE #000351744, FT PIERRE PIZZA RANCH 155.40 PLANNING MEETING MEAL TIC 3, FULLER, ROBERT 118.40 WEED & PEST CONFERENCE, GA JOHNSON CONSTRUCTION INC 101720.99 INV 1566, GRODE, LORI 627.80 COURT REPORTING, GROSSENBURG IMP 304.12 REPAIRS FILTERS SUPPLIES, HERC U LIFT 370.93 REPAIRS INV S0005372, HMN ARCHITECTS INC 6290.95 INV 35667, INTOXIMETERS 345.00 PBT SUPPLIES #299202, IVERSON, NICHOLAS 21.48 WITNESS, JANZ, DONALD A 2200.00 EVAL F.H., C.A.L., JEWETT, PEYTON 20.00 WITNESS, JOHNSON, DAN 58.97 UNIFORM PANTS, KARLS TV 1377.26 ACCT 02351390, KLEINS OFFICE FURNITURE 3625.42 INV 12591, 12572, KLEINS OFFICE PLUS 244.71 SUPPLIES, NELVA KOOISTRA 90.00 MI-LM,GP,MG,LHB,DBS,MW, LACROIX LAW OFFICE 440.56 MI-GP, LM, LARSON, DAVID 50.00 EXT BRD MEETING, LCM PATHOLOGISTS PC 2170.18 AUTOPSY #1660365 0031, LEIDHOLT, MIKE 18.46 REIMBURSE TRAVEL, LEWIS & CLARK BHS 710.00 MI-GM,GC,NW,SE,AP, LIBERTY MUTUAL 100.00 NOTARY BOND, LOCKUP USA PRODUCTIONS 346.50 INV 30810-5 TRAINING DVD, MCLEODS 76.04 ENVELOPES #011550, MID DAKOTA RURAL WATER SYSTEM 2813.20 UTILITIES, MIDCONTINENT COMMUNICATIONS 1777.60 UTILITIES, MN WIRELESS LLC 138.00 INV 43588, 43589, MONICK PIPE & SUPPLY 6.25 REPAIRS #0040927-00, MONTANA DAKOTA UTILITIES 4789.57 UTILITIES, MORRIS INC 1919.85 INV 00590, 00587, 00585, MOSS, DR BILL 650.00 ACCT #1150, NATIONAL 4H COUNCIL 56.10 4H CURRICULUM, NATIONAL SHERIFFS ASSOC 125.00 DUES, NEW WORLD SYSTEMS 7038.56 MAINT INV 68668, NEWLING, REX 56.29 EXT BRD MEETING, NOISY HAWK, WESLEY 86.60 WITNESS, NORTHWESTERN ENERGY 298.21 UTILITIES, NYSTROM ELECTRIC 256.04 WIRE DISHWASHER #14388, OLSON PLUMBING INC 102.82 SERVICE #5668, PEITZ SERVICE EXPERTS 115.80 FILTERS, PENNINGTON CO STATES ATTORNEY 200.00 MI-D.N., PERRY, DARLIS 450.00 BAC, PHEASANTLAND INDUSTRIES 29.43 TETHERS #037246, PIERRE CITY 9784.86 MED DIR/UTIL/LANDFILL 239776, PLACEK, LINDA RAE 53.82 OFFICE SUPPLIES, PRINCE, NICOLE 70.72 EXT BRD MEETING, PRO BUILD 34.65 SUPPLIES #687558, PRYNTCOMM 246.50 SUPPLIES, QWEST 189.99 PHONE, RED HORN, MARY 20.00 WITNESS, CATHY REHFUSS 90.00 MI-LM,GP,MG,LHB,DBS,MW, REUBES WELDING 141.60 WELDING #9310, ROBINS WATER CONDITIONING INC 412.80 WATER, ROBINSON TEXTILES 1920.00 SHEETS #98561, ROCKET LUBE 93.85 #72321,72359,72558 OIL CHANGES, RUNNING, WICAHPI 20.00 WITNESS, RUNNINGS SUPPLY 590.99 SUPPLIES / REPAIRS, SAFE DAKOTA INC 90.00 ALARM MONITOR APR-JUNE, SDACC 2919.17 CLERP, SECURITY LOCK SERVICE 123.25 SERVICE #3903, 3881, SERVICE MASTER 327.00 WATER EXTRACTION #297330, SHEEHAN MARK SALES & EQUIP 712.00 REPAIRS C98882, SHEPHERD REPORTING LLC 25.00 MI-INV 2254G, SLOWEY COURT REPORTING 267.50 MI COURT REPORTING, STREICHERS 1081.00 INV 1709835, SUTLEYS SUPER SAVINGS STORE 951.16 FOOD ACCT 130, TAYLOR, DONITA 41.83 UNIFORM, TEXS JACK REPAIR 40.00 WELDING #9534, THURMAN LAW OFFICE 179.86 MI-A.P., TODD CO TRIBUNE & MELLETTE CO 148.24 26535,26536,26568,26569, TWL SUPPLIES 2035.27 SUPPLIES #00040524, USPS 17.60 POSTAGE, VENTURE COMMUNICATIONS 75.80 PHONE, VERIZON WIRELESS 37.98 INV PIERRIN4581 SUPPLIES, W W TIRE 673.92 ACCT 53843 & 3964 / TIRES, WALGREENS COMPANY 284.89 HUGHES CO JAIL #100110100 MEDS, WALMART COMMUNITY 39.76 SUPPLIES, WALMART COMMUNITY 349.00 SUPPLIES, WALMART COMMUNITY 148.91 SUPPLIES, WEIGER, MONA 34.20 COURT REPORTING, WESTERN SD JUVENILE SERVICES 14400.00 JUV HOLD #382, YANKTON CO SHERIFF 150.00 MI FRB,NW,AP,SE,MW,MG.

EXECUTIVE SESSION: Moved by Venner and seconded by Inman to go into executive session to discuss personnel. All voted aye. Motion carried. Moved by Inman and seconded by Weaver to go out of executive session. All voted aye. Motion carried.

The following salaries and benefits were paid by department in the month of March 2010: Commissioners-17,907.55, Auditor-12,721.99, Treasurer-14,745.56, States Attorney-20,829.41, Govt Buildings-6,990.20, Equalization-8,625.62, Register of Deeds-7,299.29, Veterans Service-5,008.15, Sheriff-29,943.57, Jail-118,969.02, Coroner-142.06, Shelter Care-17,796.48, Nurses/WIC-2,883.52, Extension-3,341.57, Weed & Pest-209.38, Planning & Zoning-4,513.51, Road & Bridge-49,772.73, Emergency Management-8,870.28.

Auditor’s Account with the Treasurer April 1, 2010: Cash on hand-2,001.74, Checks in the Treasurer’s possession less than three days-52,445.54, Cash items-4.95, Demand deposits: BankWest-1,430.86, American State Bank-147,971.88, Bad Checks Outstanding-805.25, Investments-4,068,556.25. Total Cash Assets-$4,273,216.47.

Register of Deeds Fees Collected in March 2010: Recording Fees-4,850.00, Transfer Fees-4,615.00, Copy Fees-195.00, Credit Card Fees-95.00, Document Fees-330.00, Passport Fees-100.00, Vitals-3,575.00. Total $13,760.00.

Moved by Inman and seconded by Weaver to adjourn the meeting until Monday April 19, 2010 at 5:30 PM.

*Chairman Jim Hardwick called the Monday March 15, 2010 meeting of the Board of Hughes County Commissioners to order at 5:30 PM with members Mark E. Venner, Sr., Roger Inman, and Bill M. Abernathy present. Commissioner Norm Weaver was absent. County Manager Kevin Hipple and Sheriff Mike Leidholt were also present. The meeting began with a prayer by Pastor John Fette and the Pledge of Allegiance.

AGENDA: Moved by Abernathy and seconded by Inman to approve the agenda removing the Emergency Management personnel item. All voted aye. Motion carried.

MINUTES: Moved by Abernathy and seconded by Inman to approve the minutes of the March 1, 2010 commission meeting. All voted aye. Motion carried.

HIGHWAY DEPT: Highway Superintendent Mike Meyer met with the Commission. Meyer recommended the purchase of four new motor graders from the approved low bid from Spink County.

Moved by Venner and seconded by Inman to approve the purchase of four Caterpillar model 140M motor graders from the Spink County bid at a base cost of $207,385 along with a two foot blade extension ($1,769), 12 foot hydraulic snow wing Gr ($15,350), front mounted lift Gr QC ($8,100), a 120 inch snow V-plow QC ($7,218) and miscellaneous options ($4,113) for a total cost of $243,935 per machine. All voted aye. Motion carried.

Moved by Venner and seconded by Inman to declare four 2006 Caterpillar motor graders (1698; 1699; 1286; 1722) as surplus property and authorize advertising them for sale. All voted aye. Motion carried.

Moved by Abernathy and seconded by Venner to accept the resignation from Highway Department Administrative Assistant Denise Garber effective March 31, 2010. All voted aye. Motion carried.

Moved by Inman and seconded by Venner to authorize advertising for a replacement Administrative Assistant. All voted aye. Motion carried.

EMERGENCY MANAGEMENT: Emergency Manager Rob Fines met with the Commission and gave them an update on drainage issues and water runoff from the spring thaw.

JAIL UPDATE: Sheriff Leidholt gave the Commission a report on the move to the new jail.

Moved by Abernathy and seconded by Inman to authorize hiring Elizabeth Moore as a correction officer starting April 1^st at pay grade 14 minimum $13.01 per hour. All voted aye. Motion carried.

JUVENILE SHELTER: Moved by Abernathy and seconded by Venner to authorize offering employment to four candidates to work in the Juvenile Shelter. All voted aye. Motion carried.

OVERTIME STUDY: Personnel advisor Chuck Humphrey presented a report of overtime and stand by hours paid to employees in 2009.

TRANSFER: Moved by Venner and seconded by Abernathy to approve transferring $512,841.50 from the building fund to the new jail capital project fund for February and March expenses. All voted aye. Motion carried.

EXECUTIVE SESSION: Moved by Abernathy and seconded by Inman to go into executive session to discuss indigent hospital claims. All voted aye. Motion carried. The Commission came out of executive session.

INDIGENT CLAIMS: Moved by Venner and seconded by Abernathy to authorize payment of claim number 20100122-02 from St. Mary’s Hospital for N.O. 09/07/09 to 09/18/09 at the Medicaid rate of $8,439.45. All voted aye. Motion carried.

Moved by Venner and seconded by Abernathy to deny payment of claim number 20100122-01 from St. Mary’s Hospital for N.O. 11/25/09 to 12/02/09 in the amount of $7,433.29. All voted aye. Motion carried.

Moved by Venner and seconded by Abernathy to deny payment of claim number 20091221-01 from St. Mary’s Hospital for A.B.B. 11/02/09 outpatient in the amount of $1,209.09. All voted aye. Motion carried.

Moved by Venner and seconded by Abernathy to approve payment of claim number 20091221-02 from St. Mary’s Hospital for A.B.B. 09/09/09 to 09/11/09 in the amount of $3,047.27. All voted aye. Motion carried.

Moved by Venner and seconded by Abernathy to approve payment of claim number 20091221-03 from St. Mary’s Hospital for A.B.B. 10/13/09 to 11/01/09 in the Medicaid rate of $2,902.37. All voted aye. Motion carried.

CLAIMS: Moved by Venner and seconded by Inman to approve the following verified claims. All voted aye. Motion carried. A-OX WELDING 929.66 SUPPLIES, AADLAND, EMILY 20.37 WITNESS, AB INVESTIGATIONS 309.90 INV 09-2, ADAMSKI LAW OFFICE 7906.00 PUBLIC DEFENDER, ALBERTY, RONNIE 21.48 WITNESS, AMERICAN MEDICAL RESPONSE 3741.87 INV 131956, ANIMAL CLINIC OF PIERRE 127.00 INV 48371, AVERA MEDICAL ASSOC 36.05 2055960MAC, BEADLE CO SHERIFF 3920.00 FEB 2010 JUV HOLD, BECK MOTORS 25873.00 VEHICLE, BECK MOTORS 1605.74 INV56892/SRV#216704, BECK, RUTH 121.05 TRAVEL, BLUNT CASH STORE 129.00 INV 2966, BLUNT CITY 40.00 UTILITIES, BOB BARKER COMPANY 210.17 UT1000150737/UT1000150678, BROCK, TAYLOR 20.74 WITNESS, BRULE/BUFFALO CO LEPC 763.00 INV 20096, BUREAU OF ADMINISTRATION 340.73 DP002203/SUPPLIES, BUREAU OF ADMINISTRATION 282.25 PHONE, BUTLER 1403.63 REPAIRS, CAPITAL AREA COUNSELING 5104.00 QMHP EVALS FEB, CAPITAL JOURNAL 784.08 PUBLISHING, CAPITAL REPORTING SERVICES 175.00 TRANSCRIPTS, CARLSON LYNN W 21.25 TRAVEL, CARQUEST AUTO PARTS 13.16 SUPPLIES, CASH-WA DISTRIBUTING 4638.80 FOOD, CENTURY BUSINESS PRODUCTS INC 5643.00 COPIER B70522, CHRISTOPHERSON, CHRISTINE 22.22 WITNESS, COLE PAPERS INC 1760.61 SUPPLIES, COMM TECH 899.49 NEW JAIL INV 100 & 108, COMMUNICATIONS CENTER 85.21 INV 4826 & CUST 4177, COOKS DIRECT INC 9432.02 N206943 & N207377, COUNTRY CARPET 728.00 INV 4688, DELL MARKETING LP 1336.00 XDNPJR3N8, DEPARTMENT OF CORRECTIONS 2344.67 UTILITIES/INMATE, DEPT OF REVENUE & REGULATION 12.00 SPRING CREEK WATER TESTS, DEPARTMENT OF TRANSPORTATION 3038.87 S58704, DIAMOND DRUGS INC 108.54 INV 000120812 HUGHES CO INMATE, DONNA DIETRICH 545.30 NW,SE,MG,FRB,AP, DISABLED AMERICAN VETERANS 150.00 DAV TRANSPORTATION, DOREN, OTIS 20.00 WITNESS, DOREN, WANDA 20.00 WITNESS, EDDIES TRUCK SALES INC 5759.01 SUPPLIES/REPAIRS/FILTERS, ENVIROTECH WASTE SERVICE 522.12 GARBAGE/RECYCLE, ENVIROTECH 205.00 ACCT 218354, FARNHAMS GENUINE PARTS 1609.07 SUPPLIES/REPAIS/FILTERS, FRESH START CONVENIENCE STORES 63.00 ACCT 5296, FSH COMMUNICATIONS 60.00 #000344970, FT PIERRE CITY 389.93 #645 & 646, FT PIERRE PIZZA RANCH 91.68 TICKET 2 & 49/PLANNING MEETING, GALLS INC 904.88 INV 510302385, GRAHAM TIRE 149.35 INV 1717003249, GRAND RENTAL 103.34 INV 67802, GROSSENBURG IMPLEMENT 182.59 REPAIRS/FILTERS, H & H REPAIR 123.44 INV 21592, HARTSOCK, STACEY 22.22 WITNESS, HINES, RON 825.00 INSTRUCTOR, HOFFMAN OIL 8148.60 FUEL, INGRAM PEST SERVICE 72.00 INV 14780, JACOBSON, LORI C 9.00 TRAVEL, JONE FARM SERVICE 959.54 INV 2183, JOAN KITTELSON 15.00 MI-A.P., KLEINS OFFICE FURNITURE 382.21 4697-2, 4679-1, KLEINS OFFICE PLUS 1101.86 SUPPLIES, KNOFF, DAVID 82.00 MI-SE, MG, NELVA KOOISTRA 48.00 MI-NW,SE,MG,AP, LANGUAGE LINE SERVICES 144.34 INV 2371680, LAROCHE, BERNARD 20.00 WITNESS, LEMBURG, MISTY 22.22 WITNESS, LINCOLN COUNTY 67.50 MI-TS, MAGEE LAW FIRM 7589.00 PUBLIC DEFENDER, MATTHEW BENDER & CO INC 33.47 LAW BOOKS, MAY ADAM GERDES & THOMPSON 1280.70 INVOL COMMIT C.N.H., MCCLELLAND, STEVEN 22.96 WITNESS, MCGREGOR, MARC 25.92 WITNESS, MEDTOX LABORATORIES 116.96 ACCT 501827, MICROFIX COMPUTERS, INC 162.25 INV 126755 & 126594, MID DAKOTA RURAL WATER SYSTEM 38.50 UTILITIES, MIDWEST COOP 24919.40 FUEL, MIDWEST SUPPLY DISTRIBUTORS 736.00 INV 3159, MN WIRELESS LLC 69.00 INV 42636, MOEDING, TOM 825.00 INSTRUCTOR, MONTANA DAKOTA UTILITIES 5793.69 UTILITIES, NELSON, JOSH 20.00 WITNESS, NILL & ASSOC 429.38 INV 20094, O'BRYAN CONSTRUCTION 29876.41 INV 2300, OAHE ELECTRIC COOP INC 1028.62 UTILITIES, OLD DUTCH FOODS INC 203.24 FOOD, PEITZ SERVICE EXPERTS 781.68 FILTERS/FURNACE REPAIR BLUNT, PENNINGTON CO JAIL 1219.00 FEB 2010 PRISONER TRANSPORT, PHARIS, ASHLEY 20.37 WITNESS, PHEASANTLAND INDUSTRIES 12903.00 INV 036959, PICKNER, CINDY 20.00 WITNESS, PICKNER, MISTY 21.48 WITNESS, PIERRE AREA CHAMBER OF COMM 50.00 INV 2010-427, PIERRE CITY 326.66 UTIL/LANDFILL/UTIL, POWER PLAN 1417.32 NW8577 & NW8732, PRO BUILD 16.87 SUPPLIES, PRYNTCOMM 329.59 23129,23155,22673, PUBLIC SAFETY EQUIPMENT CO LLC 3790.00 INV 25868, QWEST 964.44 PHONE, QWEST 473.78 FRAME RELAY, REEVES, JACQUELYN 20.74 WITNESS, CATHY REHFUSS 33.00 MI-NW,SE,MG, WADE REIMERS 3333.33 SUPP PUBLIC DEFENDER, RELIABLE 137.54 SUPPLIES, REUBES WELDING 242.00 INV 9244, RILEY, CURTIS 55.52 WITNESS, DOUG RIPLEY 1416.66 CONTRACT WORK, RIVER CITIES TRANSIT 2583.33 MONTHLY ALLOCATION, ROBINS WATER CONDITIONING INC 309.15 WATER/SALT, ROCKET LUBE 88.30 INV 71791,71866,72130, RUNNINGS SUPPLY 1317.71 SUPPLIES, SAFE N SECURE SECURITY EQUIP 17050.13 #065172 & 065247, SCHLACHTER LUMBER 76.41 SUPPLIES, SCHMIDT SCHROYER MORENO & LEE 203.63 MI-FEB 2010, SCHREIBER LAW FIRM 1137.48 #930,929 & 1002,1012 & 968, SD ACHIEVE 60.00 INV 16716, SD FEDERAL PROPERTY AGENCY 1540.00 INV 5529399, SD MUNICIPAL LEAGUE 65.00 REGISTRATION, SDAE4-HE 70.00 DUES, SERVALL UNIFORM & LINEN CO 897.36 RUGS, SHEPHERD REPORTING LLC 50.00 MI-SE, MG, SIEBRASSE LAW OFFICE 2899.63 CT APPT M.R., J.J.(CHILDREN), SKUNK, JOSEPHINE 20.00 WITNESS, SPRINT 9.29 LONG DISTANCE, ST MARYS FOUNDATION 3000.00 3 DEFIBRILLATORS (FRX), ST MARYS HEALTHCARE 1364.41 VAB83537, STATE INDUSTRIAL PROD 795.06 SUPPLIES, TEDROW, TODD 20.00 WITNESS, TETON RIVER TRADERS 79.00 INV 8 REPAIRS, THURMAN LAW OFFICE 318.34 MI CT APPT C.L.G., TODD CO TRIBUNE/MELLETTE CO 32.24 PUBLISHING, TUSA, JOE 21.48 WITNESS, TWL BILLING SVCS 131.26 INV 00038920, USD SCHOOL OF LAW 35.00 LAW BOOKS, USPS 40.00 BOX RENTAL, VARIETY PLUS RADIO SHACK 69.98 INV 10496863, VELVET UNIFORMS COM 158.76 UNIFORMS #949, VERIZON WIRELESS 868.69 CELL PHONE, W W TIRE 6464.35 ACCT 3964, WANDA STANGE PRORATE 35.00 INV 22164, WEIGER, MONA 105.40 TRANSCRIPT, WENDELL LAW OFFICE 959.47 CT APPT D.C., WEST PAYMENT CENTER 213.00 LAW BOOKS, WHEELCO TRUCK & TRAILER 555.34 SUPPLIES, WINNER POLICE DEPT 66.80 FEB 2010 TRANSPORT PRISONERS, YANKTON COUNTY 518.75 MI-FRB,GC,NW,SE,MG,AP, YOUNGBERG & SONS INC 12.50 INV J146709, ZANDER AUTO PARTS 996.99 ACCT 23950, ZIEGLER, ALISHA 20.00 WITNESS.

Moved by Abernathy and seconded by Venner to adjourn the meeting until 5:30 PM on Monday April 5, 2010. All voted aye. Motion carried.