May 5, 2015
The Miner County Board of Commissioners met in regular session May 5, 2015, in the Miner County Courthouse. Members present: Garrett Gassman, Roger Wentland, Voni Durant, Tom Reisch 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 an April 30, 2015 balance of $6,216,356.89 in all state, county, civil, school, and trust accounts.
Motion by Durant, seconded by Gassman and carried to approve the agenda as amended. The minutes of the April 21st meeting were approved.
Commissioners acknowledged receipt of the following correspondence: SD DENR-transfer general water pollution control permit from Kizer to Wurtz; Miner County Conservation District & NRCS monthly reports; Miner County Moisture Report for March & April and the quarterly report from the Miner County Ambulance Service.
Motion by Gassman, seconded by Reisch and carried to declare the 8 Channel Recorder, 3 uninterruptible power supply, Vision Value Pro computer and LCD monitor; HP 842C printer, HP Photosmart d5460 printer, Epson LX-300 printer, dispatch counsel, 8 channel universal analog addon and the Emergency Management 2000 Ford Explorer as surplus being they no longer necessary, useful or suitable for the purpose for which they were acquired. The dispatch equipment stated above shall be destroyed and the 2000 Ford Explorer shall be placed on the August public auction sale at Wiemann’s Auction.
State’s Attorney Greg Protsch made a request for Miner County to assist in the cost of hiring a summer intern within the State’s Attorney office. Motion by Durant, seconded by Gassman and carried to provide $1000/month to the State’s Attorney office for the purpose of hiring an intern.
Commissioners reviewed the submitted quote from James Valley Nursery for landscaping around the courthouse building. Jon Mentele joined the meeting telephonically to explain the quote that included work to reclaim the existing flower beds, reseeding of bare areas, installing concrete edging, perennials, shrubs and relocation of sprinkler heads. Motion by Reisch, seconded by Protsch and carried to approve James Valley Nursery’s quote of $7373.82 for the courthouse landscaping project.
The board recessed as a Board of Commissioners and reconvened as a Planning Commission serving as the Board of Adjustments. Member Gassman removed himself from the board. A hearing was held to consider an application for a variance from the zoning ordinance from Garrett Gassman to locate trees closer to the center of the road than allowed by zoning regulations on the North West Quarter (N2NW4) of Section 24, T105N, R56W, Canova Township, Miner County, South Dakota. Present for the hearing were Zoning Administrator Tami Severson, Road Superintendent Ron Krempges, and applicant Garrett Gassman.
Discussion was held about the location of the trees inside the setback area and visibility at the intersection. Krempges felt that the trees would not be a visibility problem. No objections or concerns in granting the variance were received.
Following consideration of oral testimony in support of the application, it was moved by Wentland, seconded by Durant and carried 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
GARRETT GASSMAN FOR A VARIANCE )
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FINDINGS
I
That the applicant, Garrett Gassman, has made an application for a variance to plant trees and place a fence closer to the road than allowed by zoning regulations in the North West Quarter (N2NW4) of Section 24, T105N, R56W, Canova Township, 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 5, 2015, in the Commissioners’ Room of the Miner County Courthouse.
V
That applicant, Garrett Gassman appeared in person.
VI
That no person appeared in objection to granting the variance.
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 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 Garrett Gassman for a variance be approved to allow planting of trees 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 four in favor thereof and none opposed thereto.
It is, therefore, ORDERED that said application be approved.
Dated this 5th day of May, 2015.
Alex Protsch, Chairman
Miner County Board of Adjustment
Attest: Susan Connor, Secretary
The board adjourned as a board of adjustments and reconvened as a board of commissioners.
Highway Superintendent Ron Krempges and Doug Kinninburgh of the SD DOT joined the meeting. Kinninburgh reviewed the changes for road funding associated with the passage of SB1 during the 2015 SD Legislative session. With this new law the State will be creating a Bridge Grant Funding process. Bridges that are currently programmed with the SD DOT will remain in the current funding process. Beginning in 2019 bridge repairs will need to follow the process set up for the SD Bridge Funding program. One advantage of this new process is that preservation of bridges will now qualify for funds not just construction of bridges. Two requirements to be eligible to apply for bridge funds are 1) the county applying must have a wheel tax in place 2) the county must complete a 5 year road improvement plan.
The funds in the Statewide Transportation Improvement Program (STIP) will no longer be held by the state once programmed projects are completed or payments of account balances are paid out on an annual basis. Miner County currently has an asphalt overlay project programmed for 2016 that will utilize STIP funds. This project can remain in the program or the commission could remove it from the STIP program and receive annual payments from the state until the retained funds are depleted. If the commission would like to withdraw this project from the program, the SD DOT will need notification prior to July 1, 2015. Krempges stated that he would like to leave the asphalt overlay in the program as many of the preliminary costs already have been incurred.
Krempges informed the board of various road and culvert projects that the department will be undertaking within the next few weeks.
Motion by Gassman, seconded by Durant and carried to approve the SD DOT Right-of-Way Certificate and to authorize the SD DOT to advertise project P 6242 (15) asphalt overlay for bids.
The commission reviewed and considered issuance of malt beverage licenses to operate outside of a municipality for the 2015-2016 licensing period. It was moved by Gassman, seconded by Protsch, and carried to approve the retail on-off sale malt beverage license applications of Harm’s Oil Co. (Jake’s) for Tract A of Bessman’s First Addition NW ¼ Section 12-106-55 Clearwater Township, and Sandy Scheuren (Coonhunter Inn) for Lot 1 of Lot 3 SW ¼ Section 34-105-57, Rock Creek Township.
The board recessed as a Board of Commissioners and reconvened as a Board of Equalization. Director of Equalization Tami Severson joined the meeting. Motion by Durant, seconded by Reisch and carried to allow the director to make the following changes to the assessment roles. Remove $18,393 value from parcel 2577 and place it on parcel 4635. Delete $1,955 in value from parcel 4854 as the building on leased site was moved to another county prior to November 1, 2014.
Having no further business for 2015 it was moved by Durant, seconded by Reisch and carried to adjourn as a Board of Equalization.
The board reconvened as a Board of Commissioners. Auditor Connor gave a review of the SDPAA task force meetings. SDPAA is now offering enhanced crime coverage with a $1,000,000 blanket coverage with no deductible for all full-time and part-time employees, and all elected and appointed officials. Motion by Durant, seconded by Gassman and carried to cancel the current Western Surety bond and obtain coverage with SDPAA.
Register of Deeds Karla Neises joined the meeting. Motion by Protsch, second by Reisch and carried to enter into executive session at 11:17 to discuss personnel issues (SDCL 1-25-2 (1)). Returned to regular session 11:26. The board accepted the resignation of Deanne Krantz as Deputy Register of Deeds. Commissioners would like to thank Ms. Krantz for her 28 years of dedication to Miner County and its citizens and wish her the best in her retirement.
Motion by Durant, seconded by Protsch and carried to increase the allotted hours for deputy register of deeds from 1300 per year to 1456 per year.
Claims allowed: Road & Bridge $34,852.86, Wellmark $33,044.95, Reliance $1,394.36, Retirement $5,063.80, OASI $7,722.82, Commissioners $3,940.00, Auditor $6,260.50, Treasurer $6,269.25, States Attorney $3,673.25, Govt Building $2,520.00, Director of Equalization $6,383.65, Register of Deeds $5,408.98, Vet Service $793.75, Sheriff $10,295.91, Contract Law $3,476.00, Welfare $297.50, Co Nurse $2,012.13, Ambulance $9,582.56, WIC $42.45, Extension $1,200.42, Weed $819.75, Dispatch $8,972.16, Emergency Mgt $2,406.50;
Alliance Communications $300.00 911 charges; Racom Corporation $71,536.15 911 equipment upgrade; Pesall Law Firm $875.00 court appt attys; Community Counseling Service $1,750.00 drug abuse grant to others; Xcel Energy $12.55 electric service; Sturdevant’s $87.90 fuel; Northwestern $776.95 gas service; SD Public Assurance Alliance $14.00 insurance; Avera McKennan $64.50, Avera Queen of Peace $1,893.50 investigation expense; LexisNexis Matthew Bender $129.00 law books; Community Counseling Service $1,750.00 mental health center grant; Stamp Fulfillment Services $81.70 postage; Aramark $53.90 rent; Dakota Body Shop $165.00, Dan’s Heating & Cooling $51.02, Howard Auto Clinic $219.95, SDN Communications $3,000.00, Sheehan Mack $165.00, Sturdevant’s $20.54, Ultra, Inc. $977.50, Vilas Sales & Service $29.64 repairs; Dakotagas Propane $350.00, Menards $61.68, Salem Concrete $429.00 road materials; Miner Co Conservation District $7,000.00 soil conservation grant; Gregory Protsch $900.00 state’s atty office expense allowance; A&G Diesel $84.10, Darcy Albert $18.00, Brock White Co $2,482.16, Butler Machinery $921.42, C&R Supply $23.31, Dakota Body Shop $190.00, Dust-Tex $114.98, Emergency Medical Products $101.49, Fastenal Company $34.42, Hillyard/Sioux Falls $484.05, Homestead Building Supply $64.76, Menards $5.58, Office Peeps $37.85, Rafferty-Robbins $76.87, Rusty’s $17.01, Cora Schwader $454.89, Sheehan Mack $127.67, Sturdevant’s $312.95, Tom’s Hardware $81.89, Wheelco $57.00 supplies; Alliance Communications $881.47, AT&T $96.12, Century Link $11.51, Mike Clary $30.00, Rob Eggert $30.00, Lanny Klinkhammer $30.00, Colleen Zobel $30.00 telephone; Darcy Albert $64.01, Miranda Donahue $34.78, Cora Schwader $9.00 travel; City of Howard $1,424.46 utilities.
The meeting adjourned to Tuesday May 19, 2015. Dated this 5th day of May, 2015.
Roger Wentland, Chairman
Miner County Board of Commissioners
Attest: Susan R. Connor, Miner County Auditor