November 17, 2015
The Miner County Board of Commissioners met in regular session November 17, 2015, in the Miner County Courthouse. Members present: Roger Wentland, Tom Reisch, Garrett Gassman, Voni Durant and Alex Protsch. Absent: none. Chairman Wentland called the meeting to order. The Pledge of Allegiance was recited. Motion by Protsch, seconded by Durant and carried to approve the agenda.
Commissioners acknowledged receipt of the following correspondence: SD DENR-Shannon Colony Manure Transfer Pipeline As-built Plans and Specifications; Miner County Conservation District & NRCS September Reports; SDPAA Drainage Mediation Notices.
The board recessed as a board of commissioners and reconvened as a Planning Commission acting as the Board of Adjustments. A hearing was held to consider an application for a variance from the zoning ordinance from Christopher & Colleen Noid to locate trees closer to the center of the road than allowed by zoning regulations on the Northwest (NW) ¼ of Section 2, T106N, R56W, Howard Township, Miner County, South Dakota. Present for the hearing were Zoning Administrator Tami Severson, and the applicants Chris & Colleen Noid.
Discussion was held about the location of the trees inside the setback area and visibility at the intersection. The board 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 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
CHRISTOPHER & COLLEEN NOID FOR A VARIANCE )
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FINDINGS
I
That the applicants, Christopher & Colleen Noid, have made an application for a variance to plant trees closer to the road than allowed by zoning regulations in the Northwest (NW) ¼ of Section 2, T106N, R56W, Howard Township, Miner County, South Dakota and that they are 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 November 17, 2015, in the Commissioners’ Room of the Miner County Courthouse.
V
That applicants, Christopher & Colleen Noid 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 also 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 Christopher & Colleen Noid 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 five in favor thereof and none opposed thereto.
It is, therefore, ORDERED that said application be approved.
Dated this 17th day of November, 2015.
Alex Protsch, Chairman
Miner County Board of Adjustment
Attest: Susan Connor, Secretary
The board adjourned as a Planning Commission and reconvened as a Board of Commissioners.
Zoning Administrator Tami Severson presented the following plat for consideration. It was moved by Durant and seconded by Reisch to adopt the following resolution.
RESOLUTION 15-29
BE IT RESOLVED by the Board of County Commissioners of Miner County, South Dakota, that the plat of M & P STOCK TRACT 1 IN THE SE ¼ OF SECTION 30, T 107 N, R 56 W OF THE 5TH P.M., MINER COUNTY, SOUTH DAKOTA, which has been submitted for examination pursuant to law, is hereby approved and the County Auditor is hereby authorized and directed to endorse on such plat a copy of this Resolution and certify the same.
Voting aye: Durant, Reisch, Gassman, Protsch, and Wentland. Resolution approved this 17th day of November 2015.
Roger Wentland, Chairman
Miner County Board of Commissioners
Attest: Susan Connor, Miner County Auditor
The consideration of the plat for Daniel Esh was removed from the agenda due to incompleteness.
Custodian Colleen Zobel reviewed several issues including weatherizing entrance doors to the courthouse and moisture concerns with the cement cap of the coal chute.
Ron Krempges reported on equipment repairs, graveling projects and other highway matters.
Brad Stangohr of Ulteig joined the meeting along with custodian Colleen Zobel. Stangohr reviewed several options to replace the cement cap on the coal chute. Stangohr will work with Krempges to design and construct a lid for the coal chute to prevent moisture from entering the basement of the courthouse.
Community Health Nurse Barb Esser, SD Dept. of Health Regional Manager Jessie Scharfenberg and McCook Community Health Nurse Missy Lauck joined the meeting. Nurse Esser informed the board that she has submitted her resignation to the SD Dept. of Health. Her last day will be December 3, 2015. Ms. Scharfenberg stated that McCook CHN Missy Lauck will be covering the Miner County CHN office 2 days/week until a replacement is hired by the SD Dept. of Health. The commission expressed their gratitude to Barb Esser for her service to the county and the clients she served.
The Public Hearing was held as advertised to consider the Miner County 5-Year Bridge Improvement and Highway Plan. Those present for the hearing included Commissioners Wentland, Gassman, Reisch, Protsch and Durant; Ron Krempges; and Auditor Susan Connor. No comments or concerns were received at the meeting.
Claims allowed: Miner Co Treasurer $1,410.84 4-H awards; Alliance $300.00, Santel $55.12, Triotel $169.53 911 charges; ICAP $603.08 community action payment; Rechnagel Construction $71,200.00 contracted maintenance; Central Electric Coop $117.43 electricity; Neve’s $616.00 equipment below capitalization; Cardmember Services $57.88, HFCA $11,253.51, Wingen’s Garage $1,732.99 fuel; SD Dept of Revenue $611.63 human service center patients; LeadsOnline $1,188.00 investigation expense; SD Continuing Legal Education $150.00 jury instructions; Lexis Nexis $258.00 law books; Yankton Co Sheriff $25.00 mental illness hearing expense; Stamp Fulfillment Services $1,801.05 postage; Miner County Pioneer $14.00 publishing; Aramark $62.53 rent; Al’s Service $545.97, Cummins Central Power $599.96, Microfilm Imaging $1,515.00, Office Peeps $70.53, S&S Contracting $71.43, Ultra $663.40 repairs; David Skoglund $35,555.56, Spencer Quarries $491.02 road materials; Avera Home Medical Equip. $78.00, Assn of SD Co Weed & Pest Boards $50.25, Cardmember Services $287.95, Mike Clary $92.22, Driveline Service $106.03, Dust-Tex $114.98, GCR Tire $147.17, Homestead $14.49, HFCA $926.79, Lake Co International $6.64, National 4-H Supply Store $24.70, Neve’s $108.35, North Central International of SF $2.97, Office Peeps $1,430.64, Rusty’s $149.84, SD Federal Property Agency $164.00, Sturdevant’s $88.85, Thomson Reuters $379.25, Tom’s Hardware $71.95, Wheelco $31.20 supplies; Alliance $1.00, Verizon $71.11 telephone; Best Western Ramkota $342.00, Cedar Shore Resort $101.99, Bob Calmus $21.00, Susan Connor $323.48, Voni Durant $33.60, Garrett Gassman $17.64, Wallace Jacobson $60.48, Ron Krempges $22.00, Rebecca Mommaerts $74.00, SDSU SDLTAP $100.00 travel
The meeting adjourned to December 1, 2015. Dated this 17th day of November, 2015.
Roger Wentland, Chairman
Miner County Board of Commissioners
Attest: Susan Connor, Miner County Auditor