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PROCEEDINGS OF THE BEADLE COUNTY COMMISSION
OCTOBER 23, 2007
The Board of Beadle County Commissioners met Tuesday – October 23, 2007 at 9:00 a.m., pursuant to adjournment of October 9, 2007 with members present: Chairman Mattke, Vice Chair Marcus, Chase, Drake and Werner.
The minutes of October 9, 2007 were approved as read with no additions or changes.
Moved by Marcus, seconded by Drake. (Chase abstain) Motion carried. To adopt the following resolution:
RESOLUTION 10-02-07
“HOUSING & REDEVELOPMENT PAYMENTS IN
LIEU OF TAXES (PILOT)”
WHEREAS, SDCL 11-7-73 sets forth which housing and redevelopment projects are subject to PAYMENTS IN LIEU OF TAXES (PILOT) payments; and
WHEREAS, the developments project known as Field Estates Phase 1 has been assessed PILOT payments for the calendar year 1999, and henceforth; and
WHEREAS, the development project known as Field Estates Phase 2 has been assessed PILOT payments since the year 2000, and henceforth; and
WHEREAS, the development project known as Donnie Wahl Apartments has been assessed PILOT payments since the calendar year 2000, and henceforth; and
WHEREAS, such payments have been assessed by the Beadle County Director of Equalization and payable to the City of Huron Finance Office for dispersal in accordance with the statutes in such case made and provided; and
WHEREAS, Huron Housing and Redevelopment Authority has maintained throughout such period that all three projects are exempt from PILOT payments assessments because they are financed with essential function bonds are not housing projects as defined by SDCL 11-7-4; and
WHEREAS, both Field Estates development projects did not pay their PILOT payments for the calendar years 2001, 2002, 2003 and 2004, because there were nor sufficient funds available for such payments and the Director of Equalization has determined that the amounts due and owing from Field Estates 1 and Field Estates 2 total One Hundred Seventeen Thousand Six Hundred Sixteen Dollars and Thirty-seven Cents ($117,616.37); and
WHEREAS, PILOT assessments have been made by the Beadle County Director of Equalization for both Field Estates projects and Donnie Wahl project for 2006 and the same is claimed to be payable by the assessing authority in October 2007; and
WHEREAS, as a consequence of the exemption claims asserted and maintained by the Huron Housing and Redevelopment Authority and discussion between the Beadle County State’s Attorney and said Authority, an opinion of the Attorney General of South Dakota was sought and in South Dakota Attorney General Opinion 06-06, dated December 13, 2006, which by this reference is hereby incorporated herein as if set forth in full, the Attorney General opined that PILOT payments are due and owing only for housing projects, as defined by SDCL 11-7-4.
NOW, THEREFORE, BE IT RESOLVED: That based upon the foregoing that for the calendar year 2006 and prospectively thereafter, unless otherwise required due to statutory enactment or a Court Order, the projects known as Field Estates Phase 1, Field Estates Phase 2, and Donnie Wahl Apartments, will not be subject to PILOT payment assessments as provided by SDCL 11-7-73; it is further
RESOLVED: That the PILOT payments shown as payable for the calendar years 2001, 2002, 2003 and 2004, totaling One Hundred Seventeen Thousand Six Hundred Sixteen Thousand Dollars and Thirty-seven Cents ($117,616.37) are not owed by virtue of the opinion of the Attorney General of the State of South Dakota; it is further
RESOLVED: That any PILOT payments previously made by the Huron Housing and Redevelopment Authority heretofore on Field Estates Phase 1, Field Estates Phase 2 and Donnie Wahl Apartments shall not be refunded to Huron Housing and Redevelopment Authority; and it is further
RESOLVED: That Resolution contained herein shall become effective only upon the approval of this Resolution by Huron Housing and Redevelopment Authority Board of Commissioners, Huron School District Board of Education, Beadle County Commissioners, Huron City Commission and James River Water Development District Board of Directors and as may otherwise be required by law.
Moved Marcus, seconded Drake. Motion carried. To approve buried cable request from Qwest to bore under 394th Avenue between 211th and 212th Street in Section 19, Clyde Township.
Moved by Drake, seconded by Werner. Motion carried. To approve moving permit for Mike Hofer to move a 12x60 foot manufactured home on Lot 135, McNider’s Addition to Lake Byron. Brad Tschetter, landowner and Mike Hofer renter where present.
Moved Drake, seconded by Marcus. Motion carried. To approve moving permit for Namanny Family Trust (David & Michelle Gascoigne) to move a house to Lot 2, Willard & Ellen Tschetter Subdivision, Lake Byron. No one appeared.
Moved by Marcus, seconded by Werner. Motion carried. To adopt the following resolution:
RESOLUTION 10-01-07
“A RESOLUTION SUPPORTING THE SOUTH DAKOTA WEED AND PEST
SUPERVISOR’S ASSOCIATION REQUEST TO AMEND SDCL 38-20A-59
INCREASING BI-ANNUAL REGISTRATION FEES”
WHEREAS, the South Dakota Weed and Pest Supervisor’s Association, the South Dakota Weed and Pest Commission and Beadle County have deemed the treatment and control of noxious weed and invasive species be a priority in furtherance of protecting public health and safety, maintaining biodiversity and ensuring the productivity of agricultural lands in South Dakota;
WHEREAS, Beadle County has been a leader in the state-wide effort to treat, control and thereby minimize the detrimental affects of noxious weeds and invasive species;
WHEREAS, the cost to the several counties of South Dakota to implement programs to effectively treat and control noxious weeds and invasive species continues to increase;
WHEREAS, funds available to the several counties of South Dakota to effectively treat and control noxious weeds and invasive species is limited;
WHEREAS, an increase of the bi-annual registration fees found in SDCL 38-20-A-59 would provide additional funds necessary to effectively treat and control noxious weeds and invasive species in South Dakota; and
WHEREAS, the Beadle County Commission endorses the proposed increase of bi-annual registration fees found in SDCL 38-20A-59 in furtherance of and for the purposes expressed herein.
Moved by Werner, seconded by Chase. Motion carried. To approve for Jerry Batien, Beadle County Highway Superintendent and Nancy Willard, Office Assistant to attend Safety & Loss Control Training Conference in Mitchell, November 14 & 15, 2007 sponsored by SD Public Alliance, Safety Benefits.
Moved by Marcus, seconded by Werner. Motion carried. To approve for Jerry Batien, Beadle County Highway Superintendent to register Beadle County for the Federal Section 402 Highway Safety Projects thru the SD Department of Transportation Program provides traffic engineering to local government and will pay for materials for signing improvement.
Moved by Werner, seconded by Drake. Motion carried. To approve for Highway Department to purchase a computer and monitor from Connecting Point in the amount of $1,525.00.
Moved by Chase, seconded by Drake. Motion carried. To approve to set bid date of December 11, 2007 at 11:00 a.m. for one year contract for prisoner meals.
Moved by Chase, seconded by Drake. Motion carried. To approve for Jerry Batien to carry over 10 days vacation to 2008 due to FEMA Projects work load.
Moved by Drake, to approve buried cable request from Qwest to bury cable along north side of South Shore Road west of 405th Avenue, Section 36, Lake Byron Township. Died by lack of 2nd.
Commissioners visited with Ken Lindblad, Veteran’s Service Officer about him also serving the Veterans from Sanborn County as their Veterans Service Officer resigned. Linda Marcus and Ken Lindblad will attend Sanborn County Commission meeting on November 6, 2007 for further discussion.
On motion the Board adjourned to meet next on October 31, 2007 at 9:00 a.m.
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Linda Marcus, Vice Chair
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Connie R. Muth, Beadle County Auditor
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