October 6, 2015

October 6, 2015

               The Miner County Board of Commissioners met in regular session October 6, 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 as amended. 

                The auditor’s account with the county treasurer showed a September 30, 2015 balance of $4,464,412.41 in all state, county, civil, school and trust accounts.

                The board acknowledged receipt of the following correspondence:  SD Supreme Court-Court Security Grant Money; Miner County Sheriff-Grant Request Letter for body camera; Thank you notes from 4-H Jr. Leaders & Henden Future Farmers 4-H Club. 

                The board adjourned as a board of commissioners and reconvened as a planning commission acting as the board of adjustments.

A hearing was held as advertised to consider an application for a variance from the zoning ordinance from Kevin Schwader regarding setbacks for a proposed construction of a 56’ x 104’ shed in Lot 1 of Schwader’s Addition the Southwest (SW) ¼ of Section 1, T107N, R56W, Adams Township, Miner County, South Dakota.  Present for the hearing were Zoning Administrator Tami Severson, and Kevin & Ashley Schwader. 

Motion by Reisch 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              )




                                                                               )                                              FINDINGS






                That the applicant, Kevin Schwader, has made an application for a variance to construct a 56’ x 104’ shed closer to the road than zoning allows in Lot 1 of Schwader’s Addition in the SW ¼ Section 1, T107N, R56W, Adams Township, in Miner County, South Dakota, and that he is the owner of record thereof.



                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.



                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.




                That hearing upon said application was held on October 6, 2015, in the commission room of the Miner County Courthouse.



                That applicant and Ashley Schwader appeared in person.



                That no other persons appeared in opposition.



                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 Kevin Schwader 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.



                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 October, 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. 

                It was moved by Protsch and seconded by Durant to adopt the following resolution.




WHEREAS, insufficient appropriation was made in the 2016 adopted budget for Mental Illness Hearing Expense, Mental Illness Hearing Expense, Domestic Abuse and WIC 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 $2,545 be transferred from contingency to Mental Illness Hearing Expense $500, Mentally Ill $1500, Domestic Abuse $45 and WIC $500.

                Voting aye: Reisch, Durant, Gassman, Protsch and Wentland.  Voting nay: none. Resolution approved.

                Adopted this 6th day of October, 2015.

                                                                                              Roger Wentland, Chairman

                                                                                              Miner County Board of Commissioners

Attest:  Susan Connor, Miner County Auditor


                It was moved by Durant, seconded by Gassman and carried to approve the 2016 SD Dept. of Public Safety Emergency Management State and Local Agreement and authorize the chairman to sign the agreement.

                Auditor Connor informed the board that she & Deputy Auditor Becki Mommaerts will be attending the SD Secretary of State’s election school in November.  She made the request to allow the treasurer’s office to take any calls coming into the office and not staff her office for those days.  The board granted her request. 

                It was moved by Protsch, seconded by Reisch and carried to declare the treasurer’s office HP computer as surplus and authorize the computer to be destroyed.

                The board reviewed issues with moisture entering the courthouse basement through the coal chute.  Brad Stangohr of Ulteig, Inc. will be contacted for a solution to this problem. 

                Highway superintendent Ron Krempges joined the meeting to review gravel crushing progress, bridge repairs, culvert replacement and mowing.  He also reported that the dept. will be renting an excavator to assist in replacing larger culverts.

                Colleen Zobel joined the meeting.  It was moved by Durant, seconded by Reisch and carried to enter into executive session (SDCL 1-25-2 (1)) at 10:28.  Returned to regular session at 10:55.  The board instructed the auditor to advertise for a part time position to assist the custodian with refinishing of courthouse building floors. 

Claims allowed: Alliance $300.00, Santel $55.12, Triotel $170.04 911 charges; ICAP $603.08 community action payment; SD Dept of Transportation $450.30 contracted maintenance; Miner Co Treasurer $23.00 domestic abuse administrative expense; Domestic Violence Network $103.50, Mitchell Area Safehouse $103.50 domestic abuse pay to others; LexisNexis $129.00, Thomson Reuters-West $379.25 SDCL updates; HFCA $360.45 fuel; Northwestern Energy $43.91 gas service; SD Assn of Co Commissioners $1,048.30 legal expense relief fund; Fox & Youngberg P.C. $344.82, Lincoln Co Auditor $175.50 mental illness hearing expense; Miner Co Treasurer $99.25 postage; Miner County Pioneer $526.90 publishing; Aramark $62.53, Barry Callies $326.40 rent; All-In-One Landscaping $450.00, Badger Oil $79.37, Dan’s Heating & Cooling $142.86, Dakota Body Shop $254.58, Howard Auto Clinic $530.98, HFCA $1,209.58, James Valley Nursery $100.00, Klinkhammer Plumbing $51.02, Microfilm Imaging Systems $108.00, Office Peeps $237.21 repairs; Gregory Protsch $900.00 state’s atty office expense allowance; Butler Machinery $109.47, Cretex Concrete $1,668.50, GCR Tire Centers $649.94, General Equipment & Supplies $207.50, Homestead $71.60, HFCA $2,200.77, Lanny Klinkhammer $110.00, Krug Products $6.04, Neve’s Uniforms $172.90, Office Peeps $794.59, Rafferty-Robbins $23.68, Rockmount Research $1,598.30, Rusty’s $150.53, Safety Kleen $399.65, Salem Tractor Parts $80.00, Tom’s Hardware $78.22, TrueNorth Steel $22,689.14, Wheelco $1,051.33 supplies; Alliance $800.49, AT&T $80.49, Century Link $8.96, Mike Clary $30.00, Rob Eggert $30.00, Lanny Klinkhammer $30.00, Colleen Zobel $30.00 telephone; Darcy Albert $160.00, BestWestern Ramkota $171.00, Clubhouse Hotel & Suites $322.00, Days Inn $287.98, Lanny Klinkhammer $129.00, Karla Neises $30.00, Alex Protsch $99.64, Tami Severson $325.48 travel; City of Howard $1,552.52 utilities.

                The meeting adjourned to October 20, 2015.  Dated this 6th day of October 2015.


                                                                                              Roger Wentland, Chairman

                                                                                              Miner County Board of Commissioners

Attest:  Susan Connor, Miner County Auditor





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Howard, SD 57349


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