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PROCEEDINGS OF THE BEADLE COUNTY COMMISSION
JUNE 19, 2007
The Board of Beadle County Commissioners met Tuesday – June 19, 2007 at 9:00 a.m., pursuant to adjournment to June 12, 2007 with members present: Chairman Mattke, Chase, Drake and Werner. Absent: Marcus.
The minutes of June 12, 2007 were approved with additions.
Moved by Werner, seconded by Chase. Motion carried. To approve to purchase road oil MC 3000 off of Hand County bid from Flint Hills Resources of Marshall MN at a price of $445.85 per tone delivered.
Moved by Drake, seconded by Chase. Motion carried. To adopt the following resolution:
RESOLUTION 06-03-07
“DRAINAGE DISPUTE PROCEDURES”
Section 1.1. Jurisdiction. Any landowner may take a drainage dispute directly to circuit court. However, the Board of Beadle County Commissioners (hereafter “The Board”) may address any drainage disputes in Beadle County, pursuant to SDCL 46A-10A-34. The Board may, however, provide that certain types of categories of drainage disputes will not be heard by the Board and must be taken directly to circuit court.
Section 1.2. Filing a Complaint. Any landowner in the county may file a drainage complaint by setting forth the facts of the drainage dispute in writing and submitting it to the Board. The complaint shall include the name and address of the complainant, the location of the property against which has suffered damage or may suffer damage, and the location of the property against which the complaint is being registered. The compliant should also provide a list of property owners that will be impacted by the request of the complainant. When possible the complaint should detail the type and location of work, and when the work occurred. The Board may require that a drainage dispute include expert reports from a professional engineer or surveyor.
Section 1.3. Resolution and Jurisdiction. Upon receipt of a drainage complaint the Board shall make a determination of whether they will accept jurisdiction over the particular type or category of drainage which is set forth in the complaint. If the Board does accept jurisdiction, they may first make an investigation of the facts and offer a recommendation for the resolution to the parties involved. If requested by an affected party, the Board shall set a date for a public hearing on the drainage complaint. If the Board does not accept jurisdiction the dispute may be taken to circuit court.
Section 1.4. Hearing on Complaint. When a hearing has been scheduled the Board shall notify adjoining landowners and all affected parties of the date and time for the hearing by first class mail to be postmarked at least 10 days prior to the hearing. The Board shall also provide notice by publication at least 2 times in the appropriate newspaper(s) commencing at least 10 days before the date of the hearing. Any interested individual shall have the opportunity to appear and be heard. The Board may make a decision regarding the drainage dispute at the hearing, may defer the item pending additional information from either of the disputing parties, or may hold additional hearings on the dispute.
Section 1.5. Appeal of Board Decision. Any affected party may appeal the Board’s decision on a drainage dispute to the circuit court.
Section 1.6. Assessment of Costs. The County may recover any notification costs from the complainant. Any further costs associated with the drainage dispute shall be paid by the landowners of the property in dispute or any property owners who are benefited by the resolution. The costs shall be paid on a percentage basis relating to the percentage the landowner’s land is benefited through the resolution of the dispute. However, if one party is found to be individually at fault, that party will be liable for the total costs of the resolution.
Section 1.7. Right of Entry. Whenever necessary to make an inspection to enforce any of the provisions of this resolution, one or more member of the Board may enter such premises at all reasonable times to inspect the same or to perform any duty imposed upon the Board by this resolution, provided that if such property is occupied, the Board member(s) shall first present proper credentials and request entry; and if such property be unoccupied, the Board member(s) shall first make a reasonable effort to locate the owner or other person having charge or control of the property and request entry. If such entry is refused, the Board member(s) or an authorized representative shall have recourse to every remedy provided by law to secure entry.
When the Board member(s) or authorized representative shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or other persons having charge, care or control of any property shall fail or neglect, after proper request is made as herein provided, to promptly permit entry thereon by the Board member(s) or an authorized representative for the purpose of inspection and examination pursuant to this resolution.
Section 1.8. Sovereign Immunity. The County, in considering landowner drainage disputes, shall be protected by the Doctrine of Sovereign Immunity and shall not be subject to any cause of action or claim brought by any person alleging an impact caused by water which is the subject of the drainage dispute.
Moved by Werner, seconded by Drake. Motion carried. To approve for Highway Department to rent steel side dump trailer and to set bid date of July 10, 2007 at 10:30 a.m. as bid date for side dump trailer.
Paul Aylward representing AFSCME Local Union 169 and Randy Ohm, Jailor from Regional Correction Center met with the Board to consider a reclassification for downstairs daytime regular shift jailors. The Board will take under consideration.
On motion the Board adjourned to meet next on June 28, 2007 at 9:00 a.m.
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Larry Mattke, Chairman of the Board
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Connie R. Muth, Beadle County Auditor
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