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 Legals MINUTES Shannon County Commissioners December 5, 2008 MINUTES The Shannon County Board of Commissioners met in regular session on December 5th, 2008. Present Connie Whirlwind Horse, Lyla Hutchison, Deloris Hagman, Francis Pumpkin Seed, Sue Ganje, County Auditor and Michele Jensen, Accounts Payable. Absent Vanessa Roubideaux. Meeting called to order, time being 11:07 a.m. The agenda was reviewed for conflicts, in which none were found. Motion by Hagman, seconded by Hutchison to approve the agenda as written. All voting yes, the motion carried. Motion by Hutchison seconded by Pumpkin Seed to approve the Auditor's Account with the County Treasurer. All voting yes, the motion carried. TO THE HONORABLE BOARD OF SHANNON COUNTY COMMISSIONERS. I Hereby submit the following report of my examination of the cash and cash items in the hands of the County Treasurer of this County on this 26th day of November, 2008. TOTAL AMT OF DEPOSIT IN BANK OF THE WEST $ 4,041.74 TOTAL AMT OF DEPOSIT IN WELLS FARGO BANK $1,390.31 TOTAL AMT OF DEPOSIT IN FIRST WESTERN BANK—HS-- $ 5,074.18 TOTAL AMOUNT OF ACTUAL CASH $ 1,885.97 TOTAL AMT OF CHECKS IN TREASURER'S POSSESSION NOT EXCEEDING THREE DAYS $16,093.17 MONEY MARKET SAVINGS: BANK OF THE WEST $2,257.01 WELLS FARGO BANK $1,139.01 FIRST WESTERN—HS $325,040.79 CERTIFICATES OF DEPOSITFIRST WESTERN-HS $250,000.00 Itemized list of all items, checks and drafts which have been in the Treasurer's possession over three days:
DATED THIS 26TH DAY OF NOVEMBER, 2008 /S/Sue Ganje SUE GANJE, COUNTY AUDITOR OF SHANNON COUNTY. THE ABOVE BALANCE REFLECTS COUNTY MONIES, MONIES HELD IN TRUST, AND MONIES COLLECTED FOR AND TO BE REMITTED TO OTHER ENTITIES: SCHOOLS, TOWNS AND STATE. Motion by Pumpkin Seed, seconded by Hutchison to approve the minutes of November 7th, 2008. All voting yes, the motion carried. The September 2008 Surplus Analysis was reviewed and placed on file. GENERAL FUND SURPLUS ANALYSIS The amount of General Fund dollars that counties can retain as surplus is restricted by SDCL 7-21- 18.1 which states: "The total unreserved, undesignated fund balance of the general fund may not exceed forty percent of the total amount of all general fund appropriations contained in the budget for the next fiscal year. The total unreserved, undesignated fund balance of the general fund of the county as of March thirtyfirst and September thirtieth shall be published in the minutes of the proceedings of the board of county commissioners and reported to the Department of Legislative Audit. The report shall be on forms prescribed by the Department of Legislative Audit." 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. SHANNONCounty
Purposes (Specify) Reserved for Hava Machines 458.83 Reserved for Hospital Claims 80,000.00 27201 Designated for Next Year's Appropriations (one of the following) March - 3/4 of the current year September - 1/4 of current year + subsequent year 84,190.73 December - subsequent year 27209 Undesignated 32,143.09 TOTAL LIABILITIES AND EQUITY 261,975.55 Following Year General Fund Budget (use current year for March analysis) 367,630.00 The unreserved, undesignated fund balance, account 27209, divided by the following year General Fund budget resulting in the fund balance percentage 8.74% The Auditor explained that this analysis determines the unobligated cash at the end of March and September of each year. The County currently has a reserve for a hospital bill we are still litigating. We will contact the States Attorney on the status of the claim. Excluding the reserve, the County has a balance of $32,143.09 of undesignated cash to tide the County through emergencies or from the major tax collection months of April and October. Part of the reason for the low reserve amount could be the Sheriff budget that was 100% spent by the end of August, which created the need for the $14,000 contingency transfer. The Auditor urged caution on expenditures from the general fund, as the majority of the departments are financed by the General Fund. Motion by Pumpkin Seed seconded by Hutchison to approve the Shannon County Blizzard Declaration resolution due to the November 7th, 2008 storm. All voting yes, the motion carried. SHANNON COUNTY RESOLUTION #2008-09 SNOW BLIZZARD RESOLUTION WHEREAS, the vast majority of Shannon County had a Snow Blizzard on November 7th, 2008,with high winds and the roads have extremely high drifts, and power was off for long periods of time, and shelters are and will be used for an extended period of time, and WHEREAS, the conditions have had an enormous effect on the county wide population, which in turn severely effects the entire local economy, and BE IT THEREFORE RESOLVED, that the Shannon County Commissioners declare that current blizzard conditions have created a natural disaster within Shannon County, and BE IT THEREFORE FURTHER RESOLVED, that both the population and local businesses may be eligible for disaster aid or grants. NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners for and on behalf of the citizens of Shannon County, request that the Governor of the State of South Dakota declare Shannon County a Snow Blizzard disaster area. Dated this 17th Day of November, 2008. /S/Connie Whirlwind Horse Connie Whirlwind Horse Chairwoman of the Board Shannon County Commissioners ATTEST: /S/Sue Ganje Sue Ganje, Shannon County Auditor Motion by Hagman, seconded by Hutchison to set the year end meeting and contingency and supplement hearing at this time; December 29th, 2008, at 11:00 a.m. All voting yes, the motion carried. The Auditor advised the board that the 2009 General Fund mill levy will be 8.17 rather than 8.10. This change would mean a $7.00 difference on property with $100,000 in value. Lynn Bettleyoun, Highway Superintendent met with the Board to discuss the recent blizzard and asked the Board to create and approve priority list when there is an emergency. This issue will be researched. Other issues encountered were private people doing work on county roads. Bettelyoun presented information on Private Road Contract costs which have been generated by the cost accounting program. By codified law, private road contract prices must be determined by these generated costs. Motion by Hutchison, seconded by Hagman to adjust cost of private road work to costs generated by cost accounting, rather than the flat $75.00 per hour. All voting yes, the motion carried. As the Board reviewed the proposed priority list, Bettelyoun suggested that rather than removing roads, certain roads could be designated as minimum maintenance roads. The priority list was reviewed for approval and a few adjustments were made. Motion by Hutchison, seconded by Pumpkin Seed to approve the following as the 5 priority roads; 1-Kyle #16; 2-Wounded Knee Road #4, #2, #16; Porcupine #7; 4-Gordon Road #11; 5-Wakpamni Road #15. All voting yes, the motion carried. Motion by Hagman, seconded by Hutchison to approve the list and designate the following as minimum priority; 6-Beer Run Road #24; 7- Deckert #6; 8-Denby Road #17, #9; 9-Kyle Connector #13; 10-Slim Buttes Road #8; 11-Hagman Road #5; 12-Steele Road #3; 13-Temple Road #1. All voting yes, the motion carried. Bettelyoun informed the Board of a request by Don Steele to contract for road maintenance on the Steele Road. This will be referred to the January 2nd, 2009 meeting. Motion by Hutchison, seconded by Hagman to approve Sheriff fuel transfer in the amount of $52.29. All voting yes, the motion carried.
Motion by Hutchison, seconded by Pumpkin Seed to approve the following bills. All voting yes, the motion carried. Fuel quotes were presented. UNLEADED 500 GALLONS DIESEL #1RED-1000-GALLONS Pine Ridge Oil, Bid $1.959 per gallon (Unleaded 500 Gallons); $2.769 per gallon (Diesel #1RED 1000 Gallons) Muddy Creek Oil-No Response Lakota Plains-No Response Nelson Oil-No Response Westco, Bid $1.778 per gallon(Unleaded 500 Gallons); $2.380 per gallon (Diesel #1RED 1000 Gallons) Motion by Pumpkin Seed, seconded by Hagman to approve fuel quotes from Westco for 500 gallons unleaded at $1.778 per gallon and 1000 gallons #1 red diesel at $2.380 per gallon. All voting yes, the motion carried. Jim Daggett, Sheriff met with the Board to inform the board on issues he is working on with the BIA and Tribe. Daggett discussed horses that are being abandoned in Shannon County, and his contact with the Brand Board. Daggett requested guidance on how to proceed with this issues. Discussion was held on the costs involved in the removal of these horses. Daggett suggested an Ordinance or reward and options were discussed. Daggett asked for authority to continue working on this problem. A resolution on the disposition was discussed and the ability to prosecute was discussed. The Board concurred that the Sheriff needs to work with the States Attorney and the Sheriff Association. The Board can then work with tribal land operations. A resolution will be worked on. The Board also asked Daggett to work with South Dakota Attorney General Larry Long. Daggett requested authorization to use the 4 wheeler and attempt to identify these horses by Brand, with hopes he can work with the local judges. Prior abuse of the 4 wheeler was briefly discussed, along with the attempt by the Sheriff to get to the highway department to get to the 4 wheeler during the blizzard. The Board authorized the use of the 4 wheeler by the Sheriff, as long as it was returned to the highway department when his investigations are completed. The Board authorized the purchase of a digital camera and printer. Daggett also requested a camera for the vehicle, which Daggett will research thru Highway Safety for funds. Daggett spoke on need to have work done on gas tank, which the highway department can work on. Daggett advised of 2 certified law enforcement officers who are willing to work at no charge to enable them to keep certified, as long as he keeps track of their hours. The only costs would be the possibility of fuel when working. Motion by Hutchison, seconded by Hagman to approve the hiring of 2 additional deputies Ray Clements and Ned Westphal. All voting yes, the motion carried. The Board urged the Sheriff to continue with working with the horse abandonment situation. Jim Sword, newly elected States Attorney who will take office in 2009, met to introduce himself. Sword stated his experience in the past working with tribal issues and that he would like to possibly spend a day a month in Shannon County and briefly discussed other legal issues. Allen Schaefer, Department of Legislative Audit met with the Board to give his introductory comments. He explained the processes he will be working on, which will include extra focus on fraudulent activities in the County. A hearing was held on the deletion of roads. As there was a problem with the legal publishing of the hearing, a hearing will be held on January 2nd, 2009 at 12:00 p.m. Motion by Pumpkin Seed, seconded by Hutchison to advertise the deletion of the following roads, with a hearing on January 2nd, 2009 at 12:00 p.m. All voting yes, the motion carried. STONE (STEELE) ROAD #3 (BIA take over or Pay Tribe to blade) TS40 NORTH AND R44 WEST AT A POINT COMMENCING AT THE SE CORNER OF SECTION 9 AND TRAVELING W 1 MILE TO THE SW CORNER OF SECTION 9, FOLLOWING THE EXISTING ROAD, THEN COMMENCING AT POINT OF THE SE CORNER OF SECTION 8 AND TRAVELING N ALONG THE WEST SIDES TO SECTION 9 AND 4 TO THE SW CORNER OF THE NE QUARTER OF SECTION 4 FOR A LENGTH OF 11/2 MILES AND THEN FROM THE SW CORNER OF THE NW QUARTER OF SECTION 4 TRAVELING NE ACROSS FOG CREEK TO THE NE CORNER OF THE NW QUARTER OF SECTION 4 FOR A LENGTH OF 11/2 MILE ALL IN TS40 NORTH AND R44 WEST THEN FROM THE POINT WHERE VERTICAL SECTION LINE BETWEEN SECTIONS 34 AND 35 IN TS41 NORTH AND R44 WEST. INTERSECTIONS WITH THE N SIDE OF SECTION 4 IN TS40 NORTH AND R44 WEST AND TRAVELING N ALONG THE SECTION LINE DIVIDING SECTIONS 34 AND 35 IN TS41 NORTH AND R44W TO THE SW CORNER OF SECTION 26 FOR A LENGTH OF 1 MILE, THEN FROM THE SW CORNER OF SECTION 26 TRAVELING NE TO THE NE CORNER OF THE NW QUARTER OF SECTION 26, FOR A LENGTH OF 1 MILE IN TS41 NORTH AND R44 WEST IN SHANNON COUNTY, SOUTH DAKOTA. LAST 31/2 MILES OF DENBY ROAD #17 (REMOVE) AT THE POINT COMMENCING AT THE SOUTH-WEST CORNER OF SECTION TWENTY-EIGHT AND TRAVELING SOUTH ALONG THE EAST SIDE OF SECTION THIRTYTWO, TOWNSHIP THIRTY SIX NORTH, RANGE FORTY-THREE WEST OF SIXTH PRINCIPAL MERIDIAN, FOR A LENGTH OF ONE MILE, AND THEN AT THE POINT OF THE NORTH EAST CORNER OF SECTION FIVE, AND TRAVELING SOUTH ALONG THE EAST SIDE OF SECTION FIVE THE SOUTH EAST CORNER OF SECTION FIVE FOR A LENGTH OF TWO MILES AND THEN FROM THE SOUTH EAST CORNER OF SECTION FIVE WEST ALONG THE SOUTH SIDE OF SECTION FIVE THE SOUTHWEST CORNER OF THE SOUTH EAST QUARTER OF SECTION FIVE FOR A LENGTH OF ONE HALF MILE IN TOWNSHIP THIRTY-FIVE NORTH, RANGE FORTY-THREE WEST OF PRINCIPAL MERIDIAN ALL IN SHANNON COUNTY. Discussion was held on request by Joe American Horse, who sent a letter to the Commissions requesting contingency funds to pay for road maintenance. The County is unable to comply with the request so they will write a letter denying this request. Discussion was held on road work done for the Town of Batesland. Discussion was held on the exchange of a month of water, or just a service to another governmental entity. This will be left as is at this time. Virgil Rust commented on the need for maintenance on the County Road near his home and asked for more County assistance. Discussion was held on County revenues, or lack of, that funds the road department. Motion by Hagman, seconded by Hutchison to approve private road contract with Virgil Rust in the amount of $75.00, which is paid. All voting yes, the motion carried. Motion by Pumpkin Seed, seconded by Hutchison to adjourn meeting, time being 2:07 p.m. All voting yes, the motion carried. Connie Whirlwind Horse, Chairwoman Board of County Commissioners Shannon County ATTEST: Sue Ganje, County Auditor Shannon County BIDS
Oglala Sioux Tribe P.O. Box 349 Old Hospital Office Suites Highway 18 Pine Ridge, SD 57770 Request for Proposal Third Party Administrator/Carrier Services (Medical, Rx, Dental, Vision, Short-term Disability) Request For Proposal Specifications The Oglala Sioux Tribe is requesting sealed bids for a period of 30 days for the following: • Self-funded health, Rx, dental, vision and short-term disability. No claims history is available due to the fact that the Oglala Sioux Tribe has not had a plan in effect since 2005. Underwrite your quote based on the following: •Quote all benefits based on a March 1st, 2009, effective date. •Quote the exact benefits outlined in the schedule of benefits provided in the attachment. •Plan will cover employees only (700 eligible participants). The Oglala Sioux Tribe has the right to reject any or all bids, waive informalities, or accept, any bid or combination thereof which appears to serve the best interest of The Oglala Sioux Tribe. Award of the proposal will be subject to the Oglala Sioux Tribe Business regulatory requirements. Successful bidder( s) will be required to obtain an Oglala Sioux Tribe Business license upon selection. Bidders will be required to produce a South Dakota State Insurance License. The administrative service agreement and any other agreement between the selected Third Party Administrator and the Oglala Sioux Tribe shall be governed by the laws of the Oglala Sioux Tribe, and any litigation with respect thereto shall be heard in the courts of the Oglala Sioux Tribe, Pine Ridge Indian Reservation, Pine Ridge, South Dakota. Deadline The deadline for submitting a proposal in response to this Request for Proposal is Friday, January 16th, 2009 at 4:30 p.m. (MST). All bids must be sealed and identified as "OST Health Insurance" on bids submitted. Any and all inquires shall be directed to Debbie Blue Bird, Human Resource Director, 605-867- 6014; or Mona Brave, Benefits Coordinator, 605-867-1373. All proposals must be received in the Human Resource Office by this deadline. Mail five (5) bound hard copies to: Debbie Blue Bird, Human Resource Director Oglala Sioux Tribe P.O. Box 349 Old Hospital Office Suites-Highway 18 Pine Ridge, SD 57770 Rosebud Sioux Tribe PO Box 430 Rosebud SD 57570 REQUEST FOR PROPOSALS The Rosebud Sioux Tribe is requesting proposals from any and all firms and individuals for the provision of lobbying services for the 2009 South Dakota Legislative Session. Interested firms and individuals must have a background in or experience with working with Federal and State agencies on issues, topics, and proposed legislation in State and/or Federal legislative governmental branches. STATEMENT OF WORK The firm or individual selected by the Rosebud Sioux Tribe will perform services including but not limited to: 1. Report on and analyze proposed legislation affecting Native Americans, Indian Country generally, and the Rosebud Sioux Tribe. 2. Organization and coordination of testimony on proposed legislation by community leaders, elected officials of the Rosebud Sioux Tribe, and other qualified experts and advocates on issues affecting Indian Country. 3. Track and update the status of legislation affecting Native Americans and the Rosebud Sioux Tribe. 4. Provide research and information to legislators. 5. Propose, draft, and contact media sources for press releases and other releases of information on behalf of the Rosebud Sioux Tribe. 6. Collect and disseminate information on voting by legislators, identify and solicit support for both favorable legislation and identify supporters of legislation not favorable to the Rosebud Sioux Tribe, develop, coordinate, and pursue strategies for both types of legislation, record and report on voting results. 7. Prepare a final report on legislation enacted by the 2009 South Dakota Legislature. BUDGET Respondents to this Request for Proposal must bid an hourly rate with an estimate of the total project budget for the term of the 2009 South Dakota Legislative Session with a total budget in the range of $10,000.00 to $15,000.00. The total contract price will not exceed $15,000.00 DEADLINE FOR SUBMISSION OF PROPOSALS Please submit your proposals to the address listed below by January 5th, 2009. If you have any questions regarding this request for proposals, please contact: President's Office Rodney M. Bordeaux, President Rosebud Sioux Tribe PO Box 430 Rosebud SD 57570 Phone No. (605) 747-2381 POINT OF CONTACT The primary point of contact for submitting proposals is: Rodney M. Bordeaux, President Rosebud Sioux Tribe PO Box 430 Rosebud SD 57570 Phone No. (605) 747-2381 NOTICE
NOTICE Effective December 12, 2008, per OST Tribal Court Financial Policy, Section II, Cash Policy states..."Absolutely no cash or personal checks shall be accepted except for money orders". This directive applies to both the Pine Ridge and Kyle Court Houses and both correctional facilities. It is the responsibility of the individual( s) to ensure fine/bond payments are in the acceptable form of a money order. NOTICE OF PUBLIC HEARING The Shannon County Board of County Commissioners will hold a public hearing at the Courthouse, Hot Springs, in the Commissioner Room on the 2nd Day of January, 2009, at 12:00 p.m. This hearing is being held to consider the deletion of road's from the Shannon County's Primary Highway Road System. The following road (or part thereof) will be discussed for deletion: STONE (STEELE) ROAD COUNTY ROAD #3 TS40 NORTH AND R44 WEST AT A POINT COMMENCING AT THE SE CORNER OF SECTION 9 AND TRAVELING W 1 MILE TO THE SW CORNER OF SECTION 9, FOLLOWING THE EXISTING ROAD, THEN COMMENCING AT POINT OF THE SE CORNER OF SECTION 8 AND TRAVELING N ALONG THE WEST SIDES TO SECTION 9 AND 4 TO THE SW CORNER OF THE NE QUARTER OF SECTION 4 FOR A LENGTH OF 11/2 MILES AND THEN FROM THE SW CORNER OF THE NW QUARTER OF SECTION 4 TRAVELING NE ACROSS FOG CREEK TO THE NE CORNER OF THE NW QUARTER OF SECTION 4 FOR A LENGTH OF 11/2 MILE ALL IN TS40 NORTH AND R44 WEST THEN FROM THE POINT WHERE VERTICAL SECTION LINE BETWEEN SECTIONS 34 AND 35 IN TS41 NORTH AND R44 WEST. INTERSECTIONS WITH THE N SIDE OF SECTION 4 IN TS40 NORTH AND R44 WEST AND TRAVELING N ALONG THE SECTION LINE DIVIDING SECTIONS 34 AND 35 IN TS41 NORTH AND R44W TO THE SW CORNER OF SECTION 26 FOR A LENGTH OF 1 MILE, THEN FROM THE SW CORNER OF SECTION 26 TRAVELING NE TO THE NE CORNER OF THE NW QUARTER OF SECTION 26, FOR A LENGTH OF 1 MILE IN TS41 NORTH AND R44 WEST IN SHANNON COUNTY, SOUTH DAKOTA. LAST 31/2 MILES OF DENBY ROAD #17 WEST SIDE AT THE POINT COMMENCING AT THE SOUTH-WEST CORNER OF SECTION TWENTY-EIGHT AND TRAVELING SOUTH ALONG THE EAST SIDE OF SECTION THIRTYTWO, TOWNSHIP THIRTY SIX NORTH, RANGE FORTY-THREE WEST OF SIXTH PRINCIPAL MERIDIAN, FOR A LENGTH OF ONE MILE, AND THEN AT THE POINT OF THE NORTH EAST CORNER OF SECTION FIVE, AND TRAVELING SOUTH ALONG THE EAST SIDE OF SECTION FIVE THE SOUTH EAST CORNER OF SECTION FIVE FOR A LENGTH OF TWO MILES AND THEN FROM THE SOUTH EAST CORNER OF SECTION FIVE WEST ALONG THE SOUTH SIDE OF SECTION FIVE THE SOUTHWEST CORNER OF THE SOUTH EAST QUARTER OF SECTION FIVE FOR A LENGTH OF ONE HALF MILE IN TOWNSHIP THIRTY-FIVE NORTH, RANGE FORTY-THREE WEST OF PRINCIPAL MERIDIAN ALL IN SHANNON COUNTY. DATED THIS 5TH DAY OF DECEMBER, 2008. Sue Ganje County Auditor of Shannon County |
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