July 21, 2015
The Miner County Board of Commissioners met in regular session July 21, 2015, in the Miner County Courthouse. Members present: Roger Wentland, Tom Reisch, Garrett Gassman, Alex Protsch, and Voni Durant. Absent: none. Chairman Wentland called the meeting to order. The Pledge of Allegiance was recited. Motion by Durant, seconded by Protsch and carried to approve the agenda.
The minutes of the June 2nd meeting were approved.
Motion by Durant, seconded by Gassman and carried to enter into executive session (SDCL 1-25-2 (1)) to discuss personnel issues (9:15). Returned to regular session (9:25).
It was moved by Durant and seconded by Reisch to approve the following resolution.
RESOLUTION 15-15
WHEREAS, the Miner County Commissioners passed a resolution on December 2, 1997 stating, according to SDCL 57A-3422, that the state or any of its political subdivisions, (in this instance the county treasurer), may charge a $20 return check charge for an insufficient funds check, or a check written off a closed account; and
WHEREAS, THE 2000 South Dakota legislature amended SDCL 57A-3-422 to say that the state or any of its political subdivisions may charge a $30 return check charge for an insufficient funds check, or a check written off a closed account; and
WHEREAS, on April 9, 2002, the Miner County Commissioners approved a resolution that says the Miner County Treasurer could charge a $30 return check charge for an insufficient funds check or a check written off a closed account; and
WHEREAS, the 2015 South Dakota legislature amended SDCL 57A-3-422 to allow the state or any of its political subdivisions to charge a $40 return check charge for an insufficient funds check, or a check written off a closed account; and
WHEREAS, this amount will hopefully deter people from writing insufficient funds checks or checks off of closed accounts;
THEREFORE BE IT RESOLVED, that from this date forward, the Miner County Treasurer will collect a $40 return check charge for insufficient funds check or check written off a closed account.
Voting aye: Gassman, Durant, Protsch, Reisch, Wentland. Voting nay: none. Resolution adopted this 21st day of July, 2015.
Roger Wentland, Chairman
Miner County Board of Commissioners
Attest: Susan Connor, Miner County Auditor
The board adjourned as a board of commissioners and reconvened as a planning commission acting as a board of adjustments.
Due to the number of attendees the meeting was moved to the 3rd floor courtroom within the Miner County Courthouse.
Planning Commission Chairman, Alex Protsch, called the meeting to order. Many individuals were present for the hearings including: State’s Attorney Greg Protsch and his assistant Kristian Ellendorf, Zoning Administrator Tami Severson and her assistant Darci Albert.
A hearing was held as advertised to consider an application for a variance from the zoning ordinance from Wendell Mentele to build a structure closer to roads than current zoning allows in the South East Quarter (SE4) of Section 10, T105N, R 57W, Rock Creek Township, Miner County, South Dakota. Zoning Administrator Tami Severson presented the variance application for the commissioners’ review. The board noted that the existing residence is located closer to the road than the proposed 50 x 100’ machine shed associated with this variance. The applicant was not present for the hearing. No persons appeared in opposition to granting the application.
Following consideration or oral testimony in support and hearing no concerns of granting the application, it was moved by Reisch 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
WENDELL MENTELE FOR A VARIANCE )
-----------------------------------------------------------------------------------------------------------
FINDINGS
I
That the applicant, Wendell Mentele, has made an application for a variance to construct a structure closer to the road than zoning allows in the South East Quarter (SE4) of Section 10, T105N, R 57W, Rock Creek 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 July 21, 2015, in the Courtroom of the Miner County Courthouse.
V
That applicant did not appear 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 Wendell Mentele 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 506 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 506 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 21st day of July, 2015.
Alex Protsch, Chairman
Miner County Board of Adjustment
Attest: Susan Connor, Secretary
A hearing was held as advertised to consider an application for a variance from the zoning ordinance from Bernard and Brenda Donahue regarding residence setbacks to proposed construction of a CAFO (Concentrated Animal Feeding Operation) of up to 3,500 head animal units in the South East (SE) ¼ and North East (NE) ¼ of Section 27, T106N, R58W, Clinton Township, Miner County, South Dakota.
Zoning Administrator Tami Severson presented information concerning the variance application. Two residences are located within the required setback area. Resident Bonnie Brown spoke as to the history of their property located within the setback area. Bob Wilson questioned the method used for measuring the setback areas. Severson read the submitted letter of Tom & Bonnie Brown, Tommy Brown, and Bob Wilson. She also read the objection letter from Brad Seehafer.
Bernard Donahue presented information in support of the variance application. He stated that he is investing in this project and promoting economic development in rural Miner County. He would like to expand the farming operation to allow his children to return to the farm to make their living. In 2009 Donahue built a containment system with assistance from NRCS and is currently applying for permits with the SD DENR. Donahue explained the current containment system and the volume holding requirements. Trees have been planted to provide privacy, disburse the smell and help with fly control. Donahue provided an aerial photo for reference.
Commissioner Reisch asked if this project could be set back so that a variance would not be required. Mr. Donahue stated that the existing facility could not be moved.
Craig Walker of Great Western Bank spoke in support of granting the variance to allow the economic development to grow within that area of the county. And Brenda Donahue stated the amount of dollars brought in through their payments in purchasing area producers cattle, feed, and supplies.
Following consideration of oral testimony in support and hearing concerns of granting the application, it was moved by Wentland and seconded by Gassman 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
BERNARD & BRENDA DONAHUE FOR A VARIANCE )
-----------------------------------------------------------------------------------------------------------
FINDINGS
I
That the applicants, Bernard & Brenda Donahue have made an application for a variance for residence setbacks for a proposed construction of a CAFO (Concentrated Animal Feeding Operation) of up to 3,500 animal units in the South East (SE) ¼ and North East (NE) ¼ of Section 27, T106N, R58W, Clinton Township, Miner County, South Dakota, and that Bernard Donahue Trust Etal 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 July 21, 2015, in the Courtroom of the Miner County Courthouse.
V
That applicants, Bernard & Brenda Donahue appeared in person.
VI
That Craig Walker of Great Western Bank appeared in support of said variance
VII
That Tom & Bonnie Brown and Bob Wilson appeared in opposition.
VIII
That a presentation in support of said variance and testimony on behalf of said variance was received at the hearing and that testimony and written correspondence regarding concerns for the granting of the variance was received at the hearing.
NOW, THEREFORE, that application, testimony at the hearing, and arguments of individuals at the hearing all having been considered, it is the FINDING of the Miner County Board of Adjustment that the application of Bernard & Brenda Donahue for a variance be approved to allow the variance of the setback requirements.
1) That the Miner County Board of Adjustment is empowered under Section 506 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 506 of the ordinance, which are considered prerequisite to the granting of a variance.
IX
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 21st day of July, 2015.
Alex Protsch, Chairman
Miner County Board of Adjustment
Attest: Susan Connor, Secretary
A hearing was held as advertised to consider an application for a conditional use permit to construct a CAFO (Concentrated Animal Feeding Operation) consisting of a feedlot of up to 3,500 animal units in the South East (SE) ¼ and North East (NE) ¼ of Section 27, T106N, R58W, Clinton Township, Miner County, South Dakota.
Zoning Administrator Tami Severson reviewed the conditional use application as submitted by Bernard Donahue. Severson stated that the application has been completed according to the requirements.
Donahue explained the placement of the expansion lots and the site for the proposed new retaining ponds. Member Wentland voiced concern as to the heavy road use that would be associated with this expansion and with the existing operation and asked if Donahue had contacted the Clinton Township Board concerning the road usage. Donahue stated that he had not contacted the township board. He stated that he estimates the current usage of roads as follows: 2 semi loads of dried distillers from the ethanol plant/week and hauling of corn on a daily basis. Donahue’s employee Troy Loudenburg spoke as to the condition of the roads and the Donahue’s efforts to keep the roads maintained and passable. The Donahue’s own an older style motor grader which they use to help maintain the roads around the operation.
Robert Peterson of Clinton Township presented information indicating road maintenance costs associated with township roads within the township. Also included in the information provided by Peterson was correspondence from SD Dept. of Environment and Natural Resources indicating a violation and order, and settlement agreement associated with Donahue’s operation. He asked that the commission review the information before making a decision.
Donahue addressed the violation and informed the board the he paid the fine and has complied with the terms of the settlement agreement.
Wentland stated that he felt it would benefit the commission to take a tour of the proposed site before acting on the application. All other commissioners agreed and a continuation of the hearing was set for Tuesday, July 28, 2015 at 9:00 a.m. The board will meet in the commission room of the Miner County Courthouse, call the meeting to order, proceed to the proposed Donahue CAFO site, and then return to the courthouse to continue with public input and consideration of the application.
It was moved by Wentland, seconded by Durant and carried to table the application until the July 28th meeting. The board adjourned as a planning commission acting as the board of adjustments and reconvened as a board of commissioners. The meeting moved back to the commission room on 2nd floor of the courthouse.
Barry Callies met with the commission concerning the lease agreement for the county owned transmission tower which is located on his property. He made a request to draw up a new lease agreement. Commissioners agreed to his request of including electrical service as part of the payment within the lease. A new lease will be drafted and brought to a future commission meeting for approval.
Sheriff Lanny Klinkhammer joined the meeting to review his 2016 budget request. Klinkhammer also made a request to allow all dispatchers, 911 coordinator, deputies Eggert and Clary, and Klinkhammer to obtain notary status through the SD Secretary of State’s office with the county paying all costs. With changes in issuing alcohol blood draws a notary is needed to complete the process. Commissioners advised Klinkhammer to have Schwader, Eggert, Clary and Klinkhammer to complete the applications.
It was moved by Protsch, seconded by Gassman and carried to approve the purchase of 4 new handguns with trade in of the existing 4 handguns (from Neve’s Uniforms & Equipment with a total price of $616.00.)
A request was received from Sandy Scheuren of the Coonhunter Inn to block off the street directly in front of the Coonhunter Inn for an outdoor dance on Friday, August 7th from approximately 7 pm – 1:30 pm. Sheriff Klinkhammer voiced no objection to the request. Motion by Gassman, seconded by Durant and carried to allow Ms. Scheuren to block the street in front of the Coonhunter Inn on August 7th from 7:30 p.m. until 1:30 p.m. contingent on Scheuren filing a proof of liability insurance in the auditor’s office prior to August 7th.
The 4-H Youth budget was reviewed. Commissioners agreed to leave the current memo of understanding with SDSU in place for the 2015 & 2016 years.
The Brule County Commission requested review and support for their resolution to seek an amendment to SDCL 5-18A-15 raising the bidding requirement from twenty-five thousand dollars to fifty thousand dollars. It was moved by Reisch, seconded by Gassman and carried to support Brule County’s resolution to seek a legislative change to SDCL 5-18A-15.
Commissioners acknowledged receipt of a 2016 budget request for financial support from LIfeQuest, Mitchell, SD. Commissioners denied the request.
It was moved by Durant and seconded by Protsch to adopt the following resolution.
RESOLUTION 15-16
WHEREAS, insufficient appropriation was made in the 2015 adopted budget for Mental Illness Hearing Expense to discharge just obligations of said appropriation; and
WHEREAS, SDCL 7-21-32.2 provides that transfers may be made by resolution of the board from the contingency appropriation established pursuant to SDCL 7-21-6.1 to other appropriations;
THEREFORE, BE IT RESOLVED that appropriation of $200 be transferred from contingency to the Mental Illness Hearing Expense budget.
Voting aye: Reisch, Durant, Gassman, Protsch and Wentland. Voting nay: none. Resolution approved.
Adopted this 21st day of July, 2015.
Roger Wentland, Chairman
Miner County Board of Commissioners
Attest: Susan Connor, Miner County Auditor
The board reviewed the preliminary 2016 budget requests.
Claims allowed: Century Link $106.87, Santel $55.12, Triotel $173.53 911 charges; Mitchell Regional Ambulance $300.00 ALS Intercept; Philip Parent $284.00 court appointed attorneys; SD Veterans Service Officer Assn $50.00 dues; Corner Pantry $64.50, HFCA $13,245.90 fuel; SD Assn Co Commissioners $1,048.30 judicial legal expense relief fund; Denise Cody $6.00, Dean Schaefer Court Reporting $30.00, Joan Kittelson $6.00, Lucy Lewno $102.25, reimbursement $5.00 mental illness hearing expense; Miner Co Treasurer $82.79 postage; Aramark $53.90 rent; GCR Tire Centers $553.50, Office Peeps $74.70, SDN Communications $5076.25, Sioux Falls Two Way Radio $525.00, Ultra $602.50 repairs; Concrete Materials $1,005.35, Flint Hills Resources $107,545.85, HFCA $340.00 road materials; Home Service Water Conditioning $10.60, Kimball Midwest $132.99, Mid-American Research $810.00, Miner Co Treasurer $23.00, Office Peeps $6.31, Pheasantland $117.85, Rusty’s $68.58, SD Federal Property Agency $332.00, Tom’s Hardware Hank $242.94, Wheelco $16.94 supplies; Susan Connor $63.84, Joni Jacobsen $65.00, Joey Klinkhammer $94.60, SDAAO $700.00, SD Veterans Service Officer Assn $35.00, Tami Severson $106.26 travel.
The commission meeting adjourned to August 4th. Dated this 21st day of July, 2015.
Roger Wentland, Chairman
Miner County Board of Commissioners
Attest: Susan Connor, Miner County Auditor