Commissioners authorize stormwater plan for new jail, approve monthly claims amid concern over court-appointed attorney fees

Codington County commissioners on Monday authorized the chairman to sign a stormwater pollution plan and a notice of intent required for the county's new jail project and approved the county's monthly claims, including a TEGRA invoice for jail-related services.

The authorization for the stormwater documents was moved by Commissioner Gable and seconded by Commissioner McElhaney; the motion carried after brief discussion about a contact address listed on the notice of intent. Commissioner Gable said the signature block currently shows the chair "acting on behalf of the county" and noted a clerical detail: the site-contact field listed a commissioner’s home address. The commission agreed the courthouse address should be used in place of a personal residence before final signature.

During the same meeting the board approved the verified bulk claims, a late TEGRA invoice for jail services and the monthly 9-1-1 surcharge payment to the City of Watertown. The clerk reported county claims, after removing a fire department trust reimbursement and state pass-through items, totaled $1,025,858.56. The TEGRA invoice, described in the packet as a missed bill from May, was listed at about $20,007 for services related to the jail project. The board also recorded registered-deeds fees at the last business day of the month as $51,003.00.

One commissioner advised the record that they would recuse themselves from the vote on the 9-1-1 surcharge payment; the board then approved that payment after a motion by Matt Johnson and a second by Commissioner McElhaney.

Commissioners and members of the public raised concerns about legal and construction costs tied to the jail and criminal cases. Commissioner Art warned about the county's cash flow and growing monthly outlays, saying the county is spending "a lot of money" each month and noting the jail project will likely produce additional change orders and increases. Art pointed to high court-appointed attorney spending and said, "there's a $110,000 this month," urging caution on future expenditures.

The county's state's attorney responded during public comment, saying the office has discussed conducting risk assessments with federal partners and noted local mental-health response resources. The prosecutor also addressed the court-appointed attorney line item, saying the hourly rates are set by the legislature and that the office is trying to reduce expenses by resolving felony cases earlier and "working the grand jury list." The state's attorney added the county is "moving towards the point where we need to be considering a public defender office" and that a proposal on that issue is forthcoming.

Separately, the board voted to enter executive session to discuss contract negotiations; no action was taken following that session.

Documents related to the stormwater plan were prepared by Austin Engineering and will be signed by the chairman after the contact address is corrected to the courthouse listing.