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PROCEEDINGS OF THE BEADLE COUNTY COMMISSION
August 17, 2009
The Board of Beadle County Commissioners met Monday – August 17, 2009 at 9:00 am, pursuant to adjournment of August 11, 2009 with members present: Chairman Marcus, Vice Chairman Drake, Benson, Mattke and Werner.
The Minutes of August 11, 2009 were approved.
Moved by Drake, seconded by Werner, motion carried. To adopt the following resolution:
RESOLUTION 8-02-09
“PLAT OF LOTS 61A, 62A AND 63A OF THE REPLAT OF LOTS 61, 62 AND 63, TEMMEY BLOCK, LAKE BYRON LOT SURVEY, BEADLE COUNTY, SOUTH DAKOTA”
On recommendation of the Beadle County Planning Commission: BE IT RESOLVED: by the Board of Beadle County Commissioners that the plat of Lots 61A, 62A and 63A of the replat of lots 61, 62 and 63, Temmey Block, Lake Byron Lot Survey, a part of Government Lot Five (5) in the South West Quarter (SW ¼ ) of South East Quarter (SE ¼) of Section Twenty Six (S 26), Township One Hundred Thirteen North (T. 113 N.), Range Sixty One West (R. 61 W.) of the Fifth Principal Meridian (5th P.M.), Beadle County, South Dakota, as described above and drawn hereon be approved and accepted and the Auditor hereby is instructed to endorse on such plat a copy of this resolution and to certify the same.
Moved by Benson, seconded by Mattke, motion carried. To approve Moving Permit of Terry Goehring to moved a 27 x 46 custom home and 26 x 28 attached garage to Lot 13 and E25’ of Lot 12 Willard and Ellen Tschetter Subdivision to Lake Byron, Beadle County, South Dakota.
Moved by Benson, seconded by Drake, motion carried. To approve variance request of Lance and Cindy Loban to add a 20’ addition to their house in Theresa Township, the existing house is 67’ from the right of way and the addition would make the house 47’ from the right of way.
Moved by Werner, seconded by Drake, motion carried. To adopt the following resolution:
RESOLUTION 8-01-09
“PLAT OF S AND H ACRES A PART OF THE NORTH EAST QUARTER OF THE NORTH EAST QUARTER OF SECTION 16, TOWNSHIP 110 NORTH, RANGE 61 WEST OF THE 5th P.M., BEADLE COUNTY, SOUTH DAKOTA”
On recommendation of the Beadle County Planning Commission: BE IT RESOLVED: by the Board of Beadle County Commissioners that the plat of S and H Acres a part of the North East Quarter of the North East Quarter (NE ¼ of NE ¼) of Section Sixteen (S 16), Township One Hundred Ten North (T. 110 N.), Range Sixty One West (R. 61 W.) of the Fifth Principal Meridian (5th P.M.), Beadle County, South Dakota, as described above and drawn hereon be approved and accepted and the Auditor hereby is instructed to endorse on such plat a copy of this resolution and to certify the same.
Moved by Drake, seconded by Benson, motion carried. To adopt the following resolution:
RESOLUTION 08-04-09
“GRANT SUPPLEMENTAL BUDGET”
WHEREAS, unanticipated reimbursements were received from the State of South Dakota Department for Stop/Violence Against Women Act Grant. The following item will be added to the 2009 Budget year.
231 434 429 Stop Violence Grant Other $6,250.00
TOTAL $6,250.00
NOW, THEREFORE, BE IT RESOLVED: That the board of Beadle County Commissioners do hereby propose, make and move for adoption of this Grant Supplemental Budget in the item set forth above.
Moved by Benson, seconded by Drake, motion carried. To go into Executive Session 9:30 a.m. to discuss personnel, Chairman Marcus declared executive session over at 10:25 a.m.
Moved by Werner, seconded by Benson, motion carried. To approve the following Dakota Energy Cooperative, Inc. Right of Way Easements:
SE ¼ of Section 24-110-62 (Clyde Township)
W ½ of Section 22, 27 and 34 all in 110-59 (Logan Township)
E ½ of Section 23-111-62 (Theresa Township)
Representatives from Greater Huron Development, Heartland Grain and DM & E met with the board to discuss the decision of the Beadle County Regional Railroad Authority to authorize a loan to Heartland Grain Fuels, LLC to fund the construction of three rail lines in the DM & E Railroad right-of-way near the Heartland Grain Fuels, LLC ethanol plant in Huron, SD.
Moved by Benson, seconded by Drake, motion carried. To go into Executive Session at 11:25 a.m. pursuant to SDCL 1-25-2 (5), Chairman Marcus declared Executive Session over at 11:45 a.m.
Moved by Werner, seconded by Mattke, motion carried. To go into Executive Session at 11:46 a.m. pursuant to SDCL 1-25-2 (3), Chairman Marcus declared Executive Session over at 11:55 a.m.
At 12:00 the Board of Commissioners heard from both the Riverside Colony and those apposed to the conditional use permit the colony applied for to put in a holding pond in section 21-112-61 (Iowa Township). After hearing discussion from Mr. Sveen, Riverside Colony attorney and Mr. Wilkinson, Russ Layton’s attorney and hearing statements from people in attendance, the board decided to continue discussion until September 15, 2009 at 11:00 a.m.
Moved by Werner, seconded by Benson, motion carried. To adopt the following resolution:
RESOLUTION 08-03-09
“APPROVAL FOR BEADLE COUNTY REGIONAL RAILROAD AUTHORITY TO LEVY TAXES IN RELATION TO RAIL PROJECT IN HURON, SOUTH DAKOTA”
WHEREAS the Beadle County Regional Railroad Authority (BCRRA) has authorized a loan, subject to approval from the South Dakota State Railroad Board, to Heartland Grain Fuels, LLC, in the amount of One Million Eight Hundred Fifty Thousand Dollars ($1,850,000) amortized over fifteen years at the annual rate of interest of two percent per year to fund the construction of three rail lines in the DM&E Railroad right-of-way, near the Heartland Grain Fuels, LLC ethanol plant in Huron, SD; and
WHEREAS the South Dakota State Railroad Board will require a resolution from Beadle County, acknowledging the authority of the BCRRA to certify any tax levy as allowed by SDCL 49-17A-21 to be used in the event of default to pay such annual payments as may be required to service the project debt arising from the construction of the rail lines near Heartland Grain Fuels’ ethanol plant;
NOW THEREFORE, BE IT RESOLVED that Beadle County, South Dakota, hereby grants approval for the BCRRA to certify the amount of tax to be levied as allowed by SDCL 49-17A-21 for repayment of said loan, plus interest, at the rate specified above, in the event of default by Heartland Grain Fuels, LLC and the BCRRA.
Moved by Benson, seconded by Mattke, motion carried. To approve Qwest Corporation Right of Way Easement for cable in Section 16-110-61 (Custer Township).
The Board adjourned to meet next on August 31, 2009 at 9:00 a.m.
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Linda Marcus, Chairman of the Board
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Jill Hanson, Beadle County Auditor
Published once at the total cost of $________________
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