July 18, 2017
The Miner County Board of Commissioners met in regular session July 18, 2017 in the Miner County Courthouse. Members present: Roger Wentland, Tom Reisch, Voni Durant, and Alex Protsch. Absent: Garrett Gassman. Chairman Wentland called the meeting to order. The Pledge of Allegiance was recited. Motion by Reisch, seconded by Protsch and carried to approve the agenda as amended.
The minutes of the July 5th meeting were approved with the correction of Tom Reisch being absent from the meeting.
The board briefly discussed enacting the burn ban ordinance. With the recent moisture received, the board will delay enacting the burn ban. This matter will be placed on the agenda for August 1st for consideration.
It was moved by Reisch and seconded by Durant to adopt the following resolution.
RESOLUTION 17-18
RESOLUTION RECINDING CONTINUING RESOLUTION DATED MAY 17, 1977
WHEREAS, SDCL 35-4-11-1 allows the Board of County Commissioners to make a continuing resolution to determine the number of on-sale liquor licenses it will approve and
WHEREAS a continuing resolution was adopted by the Miner County Board of Commissioners on May 17, 1977 and
WHEREAS, the current Miner County Board of Commissioners wishes to issue Liquor Licenses within the county at locations outside of municipalities;
THEREFORE BE IT RESOLVED that the continuing resolution dated May 17, 1977 shall be rescinded.
Voting aye: Reisch, Durant, Protsch and Wentland. Voting nay: none. Resolution adopted this 18th day of July, 2017.
Roger Wentland, Chairman
Miner County Board of Commissioners
Attest: Susan Connor, Miner County Auditor
It was moved by Durant and seconded by Protsch to adopt the following resolution.
RESOLUTION 17-19
RESOLUTION SETTING THE NUMBER OF AND FEES CHARGES FOR LIQUOR LICENSES
WHEREAS, SDCL 35-4-2 (6) states that a county may charge for On-Sale Licenses issued outside municipalities an amount not less than the maximum that the municipality to which the applicant is nearest is charging for like licenses; and
WHEREAS, SDCL 35-4-11.1 states if not previously fixed by ordinance or continuing resolution, the board of county commissioners shall on or before the first of September in each year determine the number of on sale licenses it will approve for the ensuing calendar year and the fees to be charged for the various classifications of licenses.
THEREFORE BE IT RESOLVED, by the Miner County board of Commissioners that
(1) a new liquor license will be based on the nearest municipality’s liquor license fees and shall not be less than the maximum of that municipality.
(2) The number of On-Sale Licenses authorized for issuance in calendar year 2018 outside of municipalities within Miner County is three.
Voting aye: Durant, Protsch, Reisch, and Wentland. Voting nay: none. Resolution adopted this dated this 18th day of July 2017.
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 17-20
BRIDGE IMPROVEMENT GRANT PROGRAM
RESOLUTION AUTHORIZING SUBMISSION OF APPLICATIONS
WHEREAS, Miner County wishes to submit an application/applications for consideration of award for the Bridge Improvement Grant Program:
STRUCTURE NUMBERS AND LOCATIONS:
49-062-020, West Edge of Carthage, SD over Redstone Creek – FY 2019
49-093-020, 2.3 Miles East of Carthage over Rock Creek – FY 2020
And WHEREAS, Miner County certifies that the projects are listed in the county’s Five-Year County Highway and Bridge Improvement Plan;
And WHEREAS, Miner County agrees to pay the 20% match on the Bridge Improvement Grant funds;
And WHEREAS, Miner County hereby authorizes the Bridge Improvement Grant applications and any required funding commitments.
NOW THEREFORE BE IT RESOLVED that the South Dakota Department of Transportation be and hereby is requested to accept the attached Bridge Improvement Grant application.
Voting aye: Durant, Reisch, Protsch and Wentland. Voting nay: none. Resolution adopted this 18th day of July, 2017.
Roger Wentland, Chairman
Miner County Board of Commissioners
Attest: Susan Connor, Miner County Auditor
The board recessed as a Board of Commissioners and reconvened as a Planning & Zoning Board acting as the Board of Adjustments. Chairman Protsch called the meeting to order. A hearing was held, as advertised, to consider an application for a variance from the zoning ordinance from Joe & Julie Walter Living Trust to plat a parcel at approximately 1.63 acres including right of way which is smaller than current zoning allows (5 acres plus right of way) in the parcel described as Lots 1-2 E ½ NW ¼ of Section 7, T105N, R57W, Rock Creek Township, Miner County, South Dakota.
Joe Walter informed the board that it is his and his wife’s intention to sell the existing home located on the parcel to their son Wyatt Walter. The surrounding land and buildings to the home are owned by Joe & Julie Walters Living Trust and operated by Walter Farms, Inc. Due to the home being located in close proximity to the buildings and feed lots it is not possible to increase the size of the plat to only include the home. Tami Severson stated that the acreage is less than the required 5 acres.
Wentland questioned the process for approving variances that are less than the required 5 acres. Following consideration of oral testimony in support of the application it was moved by Reisch and seconded by Durant 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 APPLICATION OF )
) FINDINGS
JOE & JULIE WALTER LIVING TRUST FOR A VARIANCE )
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FINDINGS
I
That the applicants, Joe & Julie Walter Living Trust, have made an application for a variance to plat a parcel at approximately 1.63 acres including right of way which is smaller than current zoning allows (5 acres plus right of way) in the parcel described as Lots 1-2 & E ½ NW ¼ of Section 7, T105N, R57W, Rock Creek 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 July 18, 2017, in the Commission Room of the Miner County Courthouse.
V
That applicant, Joe Walter, and Wyatt Walter 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 Joe & Julie Walter Living Trust for a variance be approved to allow platting a parcel at approximately 1.63 acres including right of way which is smaller than current zoning allows 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 18th day of July, 2017.
Alex Protsch, Chairman
Miner County Board of Adjustment
Attest: Susan Connor, Secretary
The board adjourned as a Planning & Zoning Board and reconvened as a Board of Commissioners.
Zoning Administrator Tami Severson presented the following plat for consideration. It was moved by Protsch and seconded by Reisch to approve the following resolution.
RESOLUTION 17-21
BE IT RESOLVED by the Board of County Commissioners of Miner County, South Dakota, that the plat of LOT 1 OF M. HANSON FIRST ADDITION IN THE SE ¼ OF SECTION 5, T 105 N, R 58 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 the Resolution and certify the same.
Voting aye: Protsch, Reisch, Durant and Wentland. Voting nay: none. Resolution adopted this 18th day of July, 2018.
Roger Wentland, Chairman
Miner County Board of Commissioners
Attest: Susan Connor, Miner County Auditor
Reisch and Protsch informed the board of their meeting with members of the Howard City Council concerning the renewal of the Contract Law Agreement. Protsch & Reisch will continue to work with the city to agree on a contract. The board reviewed the proposed 2018 budget requests. Director of Equalization Tami Severson reported that she attended the Howard City Council meeting to discuss the county’s GIS program. She reported the city is interested in utilizing the information that has been developed for the county through First District of Local Govts. A contract for those services will be considered at a future board of commissioner meeting.
Miner County Coroner Terry Lee and Alex Nurnberg met with the commission to discuss the coroner’s 2018 budget and for consideration to appoint Alex Nurnberg as deputy coroner for Miner County. It was moved by Durant, seconded by Reisch and carried to appoint Alex Nurnberg as Miner County Deputy Coroner.
CLAIMS ALLOWED: John Madison $43.68 4-H INSTRUCTOR; Eric Kobernusz $175.00 4-H JUDGE; Alliance $150.00, Santel $55.12, Triotel $169.53 911 CHARGES; SD Dept of Health Lab $35.00 ALCOHOL TESTING; ICAP $620.92 COMMUNITY ACTION PAYMENT; Big Al’s Contracting $2,867.00, SD DOT $3,394.10 CONTRACTED MAINTENANCE; Terry Lee $200.00 CORONER EXPENSES; Central Electric Coop $132.94 ELECTRICITY; Butler Machinery $102.80, HCFA $11,996.42, Sturdevant’s $7.76 FUEL; Thomson Reuters $527.00 LAW BOOKS; James D. Taylor PC $4,769.18 LEGAL SERVICES; David Hoiten $25.00 MEMORIAL DAY SPEAKER; Dean Schaefer Court Reporting $30.00 MENTAL ILLNESS HEARING EXPENSE; SD BIT $27.00 NETWORK ACCESS FEES; Lake Co Sheriff’s Office $225.00 PRISONER CARE; Miner County Pioneer $202.58 PUBLISHING; A-OX Welding Supply $153.95, Microfilm Imaging $145.00 RENT; Butler Machinery $34.80, C&R Supply $368.47, HFCA $219.85, Office Peeps $63.43, S&S Contracting $275.51, Sturdevant’s $12.09, Ultra $62.50 REPAIRS; Bowes Construction $80,033.58, Concrete Materials $47,547.15 ROAD MATERIALS; Lexis Nexis $136.86 STATE’S ATTY SUBSCRIPTION; Axon Enterprises $188.76, Butler Machinery $1,343.08, Susan Connor $85.20, Creative Product Sourcing $174.40, Dawson Construction $59.16, Dust-Tex $146.94, Emergency Medical Products $322.40, Gary’s Lock & Key $7.50, HFCA $12,582.59, Mid-American Research $406.91, Office Peeps $939.07, Rafferty-Robbins $11.61, Runnings Supply $9.48, Rusty’s $204.09, State 4-H Office $55.50, Sturdevant’s $462.15, Thomson Reuters $792.75, Tom’s Hardware $34.05, Ultra $68.00, Wheelco $52.26 SUPPLIES; Alliance $31.90, Verizon $105.31 TELEPHONE; Susan Connor $16.80, Terry Lee $12.60, State 4-H Office $25.00 TRAVEL.
The meeting adjourned until August 1st. Dated this 18th day of July, 2017.
Roger Wentland, Chairman
Board of Miner County Commissioners
Attest: Susan Connor, Miner County Auditor