May 6, 2014
The Miner County Board of Commissioners met in regular session May 6, 2014, in the Miner County Courthouse. Members present: Garrett Gassman, Roger Wentland, Don Bowman, Voni Durant and Alex Protsch. Absent: none. Chairman Wentland called the meeting to order. The Pledge of Allegiance was recited.
The Auditor’s account with the County Treasurer showed a March 31, 2014 balance of $6,185,123.18
all state, county, civil, school, and trust accounts.
Motion by Protsch, seconded by Durant and carried to approve the agenda as amended.
The minutes of the April 22nd were approved.
Motion by Durant, seconded by Protsch and carried to enter into the agreement with the SD Department of Health for WIC (Women, Infant & Children) services for the 2014-15 year.
The board adjourned as a board of commissioners and reconvened as a planning commission serving as a board of adjustments.
Motion by Durant, seconded by Bowman and carried to elect Alex Protsch as Chairman of the Planning Commission.
A hearing was held as advertised to consider an application for a variance from the zoning ordinance from Terry Stangohr regarding setbacks for a proposed construction of a 50’ x 60’ shed in the North West (NW) ¼ of Section 26, T106N, R56W, Howard Township, Miner County, South Dakota. Present for the hearing were Zoning Administrator Tami Severson and Terry Stangohr.
Motion by Gassman and seconded by Wentland that the Findings that follow be approved.
STATE OF SOUTH DAKOTA) BEFORE THE MINER COUNTY
: SS BOARD OF ADJUSTMENT
COUNTY OF MINER )
IN THE MATTER OF THE APPLICATION OF)
) FINDINGS
TERRY STANGOHR FOR A VARIANCE )
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FINDINGS
I
That the applicant, Terry Stangohr, has made an application for a variance to construct a 50’ x 60’ shed closer to the road than zoning allows in the NW ¼ Section 26, T106N, R56W, Howard Township, in Miner County, South Dakota, and that he is the owner of record thereof.
II
That the proposed use of said realty is specifically prohibited by the zoning ordinance without applicant first obtaining a variance, for which he has applied and paid the applicable fee.
III
That upon said application, notice of hearing was given as required by the Miner County Zoning Ordinance by mailing to the adjoining landowners and by publication.
IV
That hearing upon said application was held on May 6, 2014, in the Commission Room of the Miner County Courthouse.
V
That applicant appeared in person.
VI
That no other persons appeared in opposition.
VII
That a presentation in support of said variance and testimony on behalf of said variance was received at the hearing and that no testimony regarding concerns for the granting of the variance was received at the hearing.
NOW, THEREFORE, that application and testimony at the hearing all having been considered, it is the FINDING of the Miner County Board of Adjustment that the application of Terry Stangohr for a variance be approved to allow construction of the shed closer to the road for the following reasons:
1) That the Miner County Board of Adjustment is empowered under Section 505 to grant the variance and that the requirements of the zoning ordinance regarding a variance have been met by the applicant.
2) That the Miner County Board of Adjustment is able to make the applicable findings required by Section 505 of the ordinance, which are considered prerequisite to the granting of a variance.
VIII
That the Board of Adjustment vote upon approval of such application was five in favor thereof and none opposed thereto.
It is, therefore, ORDERED that said application be approved.
Dated this 6th day of May, 2014.
Alex Protsch, Chairman
Miner County Board of Adjustment
Attest: Susan Connor, Secretary
The board of adjustments adjourned and reconvened as a board of commissioners.
Director of Equalization Tami Severson requested clarification on the hiring process for the open position within her office.
Quotes for GIS development from GIS Workshop and from First District of Local Governments were reviewed. A motion was made by Protsch, seconded by Durant and carried to pursue GIS development with First District utilizing option 2.
Commissioners reviewed the proposed contract with the Howard School District involving the track reconstruction project. Motion by Bowman, seconded by Protsch and carried to authorize the chairman to sign the agreement outlining the responsibilities of each party.
Treasurer Debbie Eggert informed the board that three properties have been taken by tax deed and that the City of Howard is interested in receiving these properties. Motion by Bowman, seconded by Durant and carried to quit claim deed the following properties to the City of Howard: Lot 1 Block 1 Howard City, OP; E ½ of Lots 5 & 6 Block 9 Howard City OP; and Lots 1 & 2 Block 7 Howard City OP.
Garrett Gassman presented a request for the commission to activate the burn ban ordinance 06-01. After discussion it was moved by Gassman and seconded by Durant to adopt the following resolution.
RESOLUTION 14-11
WHEREAS, due to extreme drought conditions prevalent in Miner County and due to recent high
winds, a fire danger emergency now exists within Miner County, South Dakota, now
THEREFORE BE IT RESOLVED BY THE MINER COUNTY BOARD OF COMMISSIONERS that a
Fire Danger Emergency is hereby declared and until this resolution be otherwise rescinded by the Miner
County Board of Commissioners, all open burning as defined in Ordinance 06-01, is hereby prohibited
within the boundaries of Miner County, South Dakota, exclusive of any incorporated municipality within the County, and
BE IT FURTHER RESOLVED that this resolution is declared to be necessary for the immediate
preservation of the public safety in accordance with the provisions of SDCL 7 -18A-8 and is effective
immediately and shall continue in force and affect until rescinded by the Miner County Board of
Commissioners.
Voting aye: Protsch, Wentland, Bowman, Durant, and Gassman. Voting nay: none.
Resolution approved this 6th day of May, 2014.
Roger Wentland, Chairman
Miner County Board of Commissioners
Attest: Susan Connor, Miner County Auditor
Commissioners acknowledge receipt of the City of Howard’s Yard Waste Compost Facility application notification. No concerns were voiced pertaining to the SD DENR granting the permit.
Motion by Bowman, seconded by Durant and carried to authorize the auditor to make an automatic supplement to the Emergency Management fund for homeland security grant funds received, $9176.49.
Wentland informed the commission that emergency management director Bob Calmus has worked to secure grant funds to provide a diesel powered generator to be installed at the Howard Fire Department building. This building will then be used as an emergency shelter and will be handicap accessible. Calmus received a request to change the generator to a natural gas generator which would be an additional $3500 and not covered by the grant. Commissioners indicated they were not in favor of using county funds to supplement the grant for the change to a natural gas generator.
Highway superintendent Ron Krempges informed the board that due to the extreme cold this winter additional crack sealing needs to be completed on the Canova oil before the chip sealing can be completed. Therefore the added cost for the sealant Miner County will utilize the Brookings Co. bid for sealant. Motion by Durant, seconded by Gassman and carried to purchase the remaining Craftco 221 Plexi Melt or approved equal product from Brock White off the Brookings County Bid, $.68/lb.
Claims allowed: Alliance $300.00 911 charges; ICAP $534.42 community action payment; Xcel Energy $16.10 electric service; Tyler Technologies $600.00 equipment below capitalization; Bob Calmus $39.45, Dakotagas Propane $385.00, HFCA $8,439.44, Sturdevant’s $23.94 fuel; Northwestern Energy $1,197.74 gas service; Minnehaha Co Regional $155.00 juvenile detention per diem; Denise Cody $22.50, Marv Ekeren $22.50, Lucy Lewno $172.99, Pollard & Larson LLP $223.50 mental illness hearing expense; Ulteig $325.00 misc. service; Miner County Pioneer $295.40 publishing; Gregory Protsch $900.00 state’s atty. off. exp. allow.; Verizon Conferencing $61.51 state’s attorney other expense; Aramark $53.90 rent; Butler Machinery $100.00, Dakota Fire Equipment $506.50, G&H Radiator Co $65.00, Howard Auto Clinic $148.95, Klinkhammer Plumbing $51.02, Office Peeps $157.46, Sioux Falls Two Way Radio $387.50, Ultra $270.00, Vanguard Appraisals $1,700.00 repairs; Brock White Co $11,360.00 road materials; Miner Co Conservation District $7,000.00 soil conservation grant; American Stamp & Marking $62.87, Bierschbach Equip & Supply $59.80, Boyer Ford Trucks $80.57, Butler Machinery $2,877.13, Campbell Supply $27.79, Diamond Mowers $116.80, DS Solutions $175.00, Election Systems & Software $669.20, G&H Radiator Co $15.00, GCR Tire Centers $461.47, Homestead Building Supply $347.97, HFCA $44.19, Matheson Tri Gas Inc. $134.75, Office Peeps $468.55, Rafferty-Robbins $5.79, Rusty’s $126.00, Stan Houston Equip $77.99, State Steel $120.15, Sturdevant’s $275.41, Tom’s Hardware $36.47 supplies; Alliance $800.00, AT&T $79.55, Century Link $6.34, Mike Clary $30.00, Rob Eggert $30.00, Lanny Klinkhammer $30.00 telephone; Valera Anderson $14.80, Kari Jo Carlson $5.18, Michael Connor $6.29, Susan Connor $28.12, Barbara Genzlinger $3.33 travel; City of Howard $1,430.13 utilities.
The meeting adjourned to May 20, 2014. Dated this 6th day of May, 2014.
Roger Wentland, Chairman
Miner County Auditor
Attest: Susan Connor, Miner County Auditor