September 22, 2015
The Miner County Board of commissioners met in regular session September 22, 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, second by Gassman and carried to approve the agenda. The minutes of the September 1st meeting were approved as amended as follows: (add) It was moved by Durant, seconded by Gassman and carried to enter into executive session at 10:44 (SDCL 1-25-2 (1)). Returned to regular session 11:02.
The board acknowledge receipt of the Miner Conservation & NRCS reports.
ANNUAL BUDGET FOR MINER COUNTY, SD
For the year January 1, 2016 to December 31, 2016
Tax Levy in Tax Levy in
Dollars $’s/1,000
COUNTY TAX LEVIES
WITHIN LIMITED LEVY:
County Purposes (SDCL 10-12-9) $2,675,964 3.912
(Includes $5,510 to be distributed to the cities.)
It was moved by Reisch, seconded by Protsch and carried to pass the following resolution.
RESOLUTION 15-22
ADOPTION OF ANNUAL BUDGET FOR MINER COUNTY, SOUTH DAKOTA
WHEREAS, (7-21-5 through 13) SDCL provides that the Board of County Commissioners shall each year prepare a Provisional Budget of all contemplated expenditures and revenues of the County and all its institutions and agencies for such fiscal year, and
WHEREAS, the Board of County Commissioners did prepare a Provisional Budget and cause same to be published by law, and
WHEREAS, due and legal notice has been given to the meeting of the Board of County Commissioners for the consideration of such Provisional Budget and all changes, eliminations, and additions that have been made thereto;
REVENUE: FROM TO
General Fund
General Cash Applied $ 490,607.00 $ 529,700.00
Tax Levy $2,709,000.00 $ 2,675,964.00
EXPENDITURES:
General Fund
Sheriff $ 223,700.00 $ 225,073.00
Urban & Rural Development $ 7,600.00 $ 11,980.00
NOW THEREFORE BE IT RESOLVED that such provisional budget as amended and all its purposes, schedules, appropriations, amounts, estimates, and all matters therein set forth SHALL BE APPROVED AND ADOPTED AS THE ANNUAL BUDGET OF THE APPROPRIATION AND EXPENDITURES FOR MINER COUNTY, SOUTH DAKOTA, and all its institutions and agencies for calendar year beginning January 1, 2016, and ending December 31, 2016, and the same is hereby approved and adopted by the Board of County Commissioners of Miner County, South Dakota, this 22nd day of September, 2015.
The Annual Budget so adopted is available for public inspection during normal business hours at the office of the county auditor, Miner County, South Dakota. The accompanying taxes are levied by Miner County for the year January 1, 2016, through December 31, 2016.
BOARD OF COUNTY COMMISSIONERS OF MINER COUNTY, SOUTH DAKOTA
Roger Wentland, Chairman
Alex Protsch, Commissioner
Voni Durant, Commissioner
Garrett Gassman, Commissioner
Tom Reisch, Commissioner
Attest: Susan Connor, County Auditor
The board recessed as a board of commissioners and reconvened as a planning commission acting as a board of adjustments.
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 hearing including: State’s Attorney Greg Protsch, Zoning Administrator Tami Severson and her assistant Darcy Albert, Bernard & Brenda Donahue and Clinton Township board members Robert Peterson, Vicki Vining, Gary Nutter, Bill Wolff and Attorney Jay Leibel.
A hearing was held as advertised to reconsider additional evidence whether or not to enforce the conditions of the conditional use permit granted to Bernard Donahue Trust, etal, to construct a CAFO (Concentrated Animal Feeding Operation) of up to 3,500 head animal units in the Southeast (SE) ¼ and Northeast (NE) ¼ of Section 27, T106N, R58W, Clinton Township, Miner County, South Dakota.
Written information from Brenda Donahue was distributed to the members of the board of adjustments and other attendees. Time was given for all to read and process the presented material.
Attorney Leibel addressed several of the issues stated in the written communication. He also briefly reviewed events that took place at a Clinton Township board meeting where Mr. Donahue presented a road haul agreement for the board’s consideration. Leibel had stated that he requested all contact concerning the road haul agreement be addressed through his office.
Bernard Donahue referenced the haul road agreement that had been prepared by Mr. Leibel and stated that he would not sign that agreement. He utilized an agreement that is currently in force between Shannon Colony and Clearwater Township to draft his proposed haul route agreement. Donahue stated that he would take care of the road that they use for their operation. Questions were raised as to load limits placed on county oil roads and how that would affect the agreement.
Member Wentland stated that “we are not making any progress on this matter”. Agriculture is Miner County’s main industry. There has been efforts by the state and others to get industry in SD many times offering various incentives to get the industry here. Wentland stated that we now have our own local industry that wants to expand so why would we penalize it? Wentland would like to amend the earlier conditions placed on the previously granted conditional use removing the condition of a haul route agreement.
It was moved by Wentland and seconded by Reisch that the following findings be approved.
STATE OF SOUTH DAKOTA) BEFORE THE MINER COUNTY
: SS BOARD OF ADJUSTMENT
COUNTY OF MINER )
IN THE MATTER OF THE REQUEST OF )
) FINDINGS
BERNARD & BRENDA DONAHUE FOR REMOVAL OF
THE CONDITION OF A HAUL ROUTE AGREEMENT
BETWEEN BERNARD DONAHUE AND CLINTON
TOWNSHIP )
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FINDINGS
I
That Bernard & Brenda Donahue have been granted a conditional use with conditions 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, and that Bernard Donahue Trust Etal is the owner of record thereof.
II
That upon Bernard Donahue’s request to reconsider the condition of a haul route agreement between Donahue and Clinton Township, notice of hearing was given as required by the Miner County Zoning Ordinance by mailing to the adjoining landowners and by publication.
III
That upon said request, 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 request was held on September 22, 2015 in the Courtroom of the Miner County Courthouse.
V
That Bernard & Brenda Donahue appeared in person.
VI
That Attorney Jay Leibel representing Clinton Township; Gary Nutter, Robert Peterson, Bill Wolf, and Vicki Vining Clinton Township Board members appeared in person.
VII
That a presentation of written documentation & testimony concerning the difficulties between Donahue & Clinton Township in reaching a compromise of a haul route agreement were received at the hearing.
NOW, THEREFORE, that request, 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 condition of a haul route agreement between Bernard Donahue and Clinton Township be removed for the following reasons:
1) That the Miner County Board of Adjustment is empowered under Section 505 to grant the conditional use and that the requirements of the zoning ordinance regarding a conditional use 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 conditional use.
VIII
That the Board of Adjustment vote upon approval of such REQUEST was five (Gassman, Reisch, Wentland, Durant and Protsch) in favor thereof and none opposed thereto.
It is, therefore, ORDERED that said CONDITIONAL USE be AMENDED as follows:
1. Execution and filing with the board of adjustment through the auditor’s office of a haul route agreement between Clinton Township and Bernard Donahue REMOVED
2. Approval of permits required by the state of South Dakota Department of Environment & Natural Resources including but not limited to state general permit and any other required state permits.
3. Follow all Federal, State and Local laws.
Dated this 22nd day of September, 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 Durant, seconded by Gassman and carried to enter into executive session with State’s Attorney Greg Protsch. (10:09). Returned to regular session at 10:19.
It was moved by Gassman seconded by Protsch and carried unanimously to instruct the State’s Attorney to inform Meierhenry Sargent LLP that Miner County will join in the appeal of the Keystone Pipeline’s central assessment.
Motion by Durant, seconded by Gassman and carried to authorize the auditor to make an operating transfer as provided for in the 2015 budget from the General Fund to the Road & Bridge Fund, $350,000.
Motion by Reisch, seconded by Durant and carried to remove the following from capital accumulations and revert back to unreserved undesignated as follows: 2018 Cracksealer $45,000.
It was moved by Protsch and seconded by Durant to adopt the following resolution.
RESOLUTION 15-23
WHEREAS, SDCL 7-21-51 allows the board of commissioners to authorize the accumulation of funds for a period longer than one year for capital outlay purposes;
THEREFORE, BE IT RESOLVED that the Miner County Board of Commissioners set forth funds from the General Fund for capital outlay accumulation as follows: $45,000 for a tractor in 2020.
Voting aye: Reisch, Gassman, Protsch, Durant and Wentland. Voting nay: none. Resolution adopted this 22nd day of September, 2015.
Roger Wentland, Chairman
Miner County Board of Commissioners
Attest: Susan Connor, Miner County Auditor
It was moved by Durant and seconded by Reisch to adopt the following resolution.
RESOLUTION 15-24
WHEREAS, insufficient appropriation was made in the 2015 adopted budget for Mental Illness Hearing Expense 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 $1400 be transferred from contingency to Mental Illness Hearing Expense $200 and WIC $1200.
Voting aye: Reisch, Durant, Gassman, Protsch and Wentland. Voting nay: none. Resolution approved.
Adopted this 22nd day of September, 2015.
Roger Wentland, Chairman
Miner County Board of Commissioners
Attest: Susan Connor, Miner County Auditor
Highway superintendent Ron Krempges requested permission to purchase a used crack sealing machine from Brock White. It was moved by Protsch, seconded by Durant and carried to authorize Krempges to purchase the used machine from Brock White at the total cost of $24,500. With the replacement of two county bridges in 2017, Carthage City has made a request for the used bridge decks. Commissioners instructed Krempges to work out the legal requirements with State’s Attorney Protsch. Other highway matters were also discussed.
Community Health Nurse Barb Esser presented the CHN quarterly report.
It was moved by Reisch, seconded by Gassman and carried to declare the treasurer’s HP 1320 Laserjet printer as surplus and authorize the treasurer to destroy the inoperable printer.
Claims allowed: Road & Bridge $34,728.31, Wellmark $32,953.41, Reliance $1,391.02, Retirement $5,071.29, OASI $7,659.97, 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 $6,724.64, Register of Deeds $5,765.56, Vet Service $793.75, Sheriff $10,927.55, Contract Law $3,476.00, Welfare $420.00, Co Nurse $1,077.30, Ambulance $7,578.72, WIC $538.65, Extension $1,222.27, Weed $819.75, Dispatch $9,149.32, Emergency Mgt $2,406.50;
Alliance $300.00, Century Link $99.87, Santel Communications $55.12, Triotel $167.53 911 charges; ICAP $603.08 community action payment; Central Electric $121.93, Xcel Energy $9.70 electric service; Ultra $675.00 equipment below capitalization; HFCA $5,895.29 fuel; Lexis Nexis $129.00 law books; Dean Schaefer Court Reporting $30.00, Lincoln Co Auditor $166.45 mental illness hearing expense; Miner Co Treasurer $83.20 postage; Lake Co Sheriff’s Office $65.00 prisoner care; A-Ox Welding $177.00, Aramark $125.06 rent; Boyer Ford $374.50, Lynn Christopherson $112.00, HFCA $51.57, James Valley Nursery $107.35, Midwest Fire & Safety $52.50, S&S Contracting $102.17, Ultra $143.75 repairs; Homestead Building Supply -$9.98, Michael Todd & Co $350.60, Spencer Quarries $149.18, Tom’s Hardware $23.98 road materials; A&G Diesel $108.00, Boyer Ford $712.45, Chief $54.48, Creative Product Sourcing $153.75, Cummins Central Power $1,198.86, Dawson Construction $80.00, Dust-Tex $172.47, Barb Esser $53.91, General Equipment & Supplies $754.23, Homestead Building Supply $140.42, Johnstone Supply $9.25, Kids Love Stickers $60.35, Kimball Midwest $449.43, Mcleod’s $427.22, Michael Todd & Co $24.72, Mid-American Research $544.57, Midwest Fire & Safety $265.00, Miner Co Treasurer $54.47, Rafferty-Robbins $8.28, Rusty’s $85.11, SD Federal Property Agency $306.00, Sturdevant’s Auto Parts $250.81, Tom’s Hardware $129.43, Ultra $220.00, Wheelco $63.75 supplies; Alliance $837.27, Verizon $69.92 telephone; Best Western Ramkota Inn $689.93, Bob Calmus $44.44, Susan Connor $271.28, Voni Durant $162.96, Debbie Eggert $146.04, Garrett Gassman $157.50, Ron Krempges $11.00, Alex Protsch $131.04, Ramada Mitchell $156.00, Tom Reisch $240.75, Heidi Tobin $271.64, Roger Wentland $131.04 travel; City of Howard $2,177.08 utilities; Madison Community Hospital $125.00 other jail fees.
The meeting adjourned to October 6. Dated this 22nd day of September, 2015.
Roger Wentland, Chairman
Miner County Board of Commissioners
Attest: Susan Connor, Miner County Auditor