November 7, 2017
The Miner County Board of Commissioners met in regular session November 7, 2017 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 Durant, seconded by Gassman and carried to approve the agenda.
The minutes of the October 17th meeting were approved. It was noted that the minutes of October 3rd within the claims section should have read September Payroll.
The Auditor’s account with the County Treasurer showed an October 31, 2017 balance of $8,289,900.44 in all state, county, civil, school, and trust accounts.
The board acknowledged receipt of the following correspondence: Hometown Holidays-Donation Request; Wellmark-Notice of Discontinuation of Current Health Plan; SD DOT-Approval of Five-Year County Hwy & Bridge Improvement Plan; Miner County Sheriff & Dispatch Service-September Reports; and East Dakota Water Development District-October 19th Meeting Minutes.
It was moved by Protsch, seconded by Gassman and carried to approve the following claims and authorize payment: Road & Bridge $51,056.84 (Includes Eric Smith and Isaiah Glanzer at $15.28/hr), Wellmark $34,813.60, MetLife $1,560.69, Retirement $6,480.98, OASI $9,317.52, Commissioners $4,140.00, Auditor $6,616.50, Treasurer $5,969.25, States Attorney $3,859.25, Govt Building $2,662.40, Director of Equalization $7,022.57, Register of Deeds $6,162.42, Vet Service $834.00, Sheriff $10,772.75, Contract Law $3,846.00, Welfare $220.68, Co Nurse $1,194.00, Ambulance $10,597.10, WIC $81.25, Extension $1,194.00, Weed $1,183.50, Dispatch $10,715.29 (Includes Deborah Gibson at $16.51/hr), Emergency Mgt $2,198.75 OCT PAYROLL; Brittany Lunstra $11.00 TRAVEL.
Josh Esser $20.00, Drew Yanish $20.00 AMBULANCE ATTENDANT FEES. Alliance $150.00, Century Link $102.53, Triotel $185.53 911 CHARGES; SD DOT $147.49 CONTRACTED MAINTENANCE; Wilkinson & Wilkinson $2,432.45 COURT APPOINTED ATTY; Horizon Health Care $300.00 DUI BLOOD DRAW; Central Electric $119.66, Xcel Energy $14.77 ELECTRICITY; HFCA $19,538.65, Sturdevant’s $25.19 FUEL; Northwestern Energy $35.54 GAS SERVICE; Community Counseling Service $3,500.00 GRANTS; Emergency Safety Education $113.61 IN SERVICE EDUCATION; SDML Workers’ Comp Fund $28,688.00 INSURANCE; LeadsOnline $1,188.00 INVESTIGATION EXPENSE; SD Assn Co Commissioners $1,050.72 LEGAL EXPENSE RELIEF FUND; Arrow Manufacturing $129,400.00 MACHINERY & EQUIPMENT; Nick Kramer $295.00 MOWING; SD BIT $27.00 NETWORK ACCESS FEE; Stamp Fulfillment Services $1,187.75 POSTAGE; Miner County Pioneer $415.16 PUBLISHING; Microfilm Imaging $420.00 RENT; Arrow Manufacturing $700.00, Bob’s Electric $65.00, Graham Tire Co $608.00, Howard Auto Clinic $82.45, HFCA $38.25, James Valley Landscape $179.61, Microfilm Imaging $112.50, Midwest Boiler $688.50, Office Peeps $149.95, Precision Diesel Service $4,213.71, Tyler Technologies $500.00, Ultra $580.90, Zuercher Technologies $1,300.00 REPAIRS; Kimball Midwest $389.00 ROAD MATERIALS; Kristian Ellendorg $4,379.76 RURAL ATTY PROGRAM; Greg Protsch $900.00 STATE’S ATTY OFFICE EXPENSE ALLOWANCE; Lexis Nexis $136.86 SUBSCRIPTION; Axon Enterprise $936.00, Chief $83.46, Dakota Data Shred $30.00, Diamond Mowers $558.97, Emergency Medical Products $198.96, Girton Adams $200.00, HFCA $27.94, Krug Products $172.58, Lyle Signs $930.00, Matheson Tri Gas $143.12, Mid-American Research $61.73, National 4-H Supply Service $55.85, N. Central Int. of SF $164.12, Office Peeps $2,806.19, Pheasantland Industries $174.81, Rusty’s $65.87, Cora Schwader $158.61, Sioux Falls Two Way Radio $141.99, SD Federal Property Agency $118.00, Sturdevant’s $154.69, Western Hotel Supply $81.90, Titan Machinery $23.08, Tom’s Hardware $67.53, Ultra $68.00, Wheelco $601.47 SUPPLIES; Alliance $862.99, Colleen Arens $30.00, AT&T $88.46, Century Link $11.87, Mike Clary $30.00, Rob Eggert $30.00, Lanny Klinkhammer $30.00, Verizon $94.48 TELEPHONE; Darcy Albert $149.00, Baymont Inn $56.59, Voni Durant $16.80, Garrett Gassman $17.64, Governor’s Inn $171.00, Ron Krempges $22.00, Karla Neises $39.48, Alex Protsch $50.40, Ramkota-Pierre $930.00, Ramkota-Rapid City $171.98, Tami Severson $149.00, Roger Wentland $43.68 TRAVEL; City of Howard $1,578.72 UTILITIES; Beadle Co Auditor $950.00 VICTIMS ADVOCATE.
The board adjourned 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 the application of Cellular Inc. for a conditional use to construct a 300’ self-support tower complete with macro cell site antennas and ground equipment on property owned by David & Ronda Gassman described as E2SE4 & E2W2SE4 of Section 24, T105N, R56W, Canova Township, Miner County, South Dakota. Those present for the hearing included Zoning Administrator Tami Severson, Rick Adams serving as an independent consultant for Verizon Wireless and Carla Paulson of the Miner County Pioneer. Mr. Adams explained that this site has been under development for the past three years to develop a macro cell antenna site. With the addition of this tower “dead spots” within that area and in home coverage within the town of Canova should see better coverage.
Gassman questioned how much land would be utilized at this site. Adams informed the board that this will be a self-support tower which will not require guide wires and will be fenced along with the equipment.
Motion by Wentland 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 APPLICATION OF )
) FINDINGS
CELLULAR INC., NETWORK CORPORATION d/b/a VERIZON WIRELESS
FOR A CONDITIONAL USE )
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FINDINGS
I
That the applicant, Cellular Inc., has made an application for a conditional use to construct a 300’ self-support tower complete with macro cell site antennas and ground equipment on property owned by David & Ronda Gassman described as E2SE4 & E2W2SE4 of Section 24, T105N, R56W, Canova Township, Miner County, South Dakota.
II
That the proposed use of said realty is specifically prohibited by the zoning ordinance without applicant first obtaining a conditional use, for which they have applied.
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 7, 2017 in the Commission Room of the Miner County Courthouse.
V
That the applicant, Verizon Wireless was represented by Rick Adams.
VI
That no person appeared in opposition to granting the application.
VII
That a presentation in support of said conditional use and testimony on behalf of said conditional use was received at the hearing and that no testimony in opposition to the granting of the conditional use was received at the hearing.
NOW, THEREFORE, that application, 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 application of Verizon Wireless, Cellular Inc. for a conditional use be approved for the following reasons:
1) That the Miner County Board of Adjustment is empowered under Section 505 of the Miner County Zoning Ordinance to grant with conditions the conditional use and that the granting of the conditional use will not adversely affect the public interest.
2) That the Miner County Board of Adjustment certifies compliance with the specific rules governing individual conditional uses.
3) That the Miner County Board of Adjustment is able to make the applicable findings required by Section 505, Subsection 5 of the ordinance, which are considered prerequisite to the granting of a conditional use.
X
That the Board of Adjustment vote upon approval of such application was four (Reisch, Wentland, Durant and Protsch (Gassman abstained)) in favor thereof and none opposed thereto.
It is, therefore, ORDERED that said application be approved
Dated this 7th day of November, 2017.
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, seconded by Durant to pass the following resolution.
RESOLUTION 17-33
ADOPTION OF SUPPLEMENTAL BUDGET FOR MINER COUNTY
WHEREAS, SDCL 7-21-22 provides that the Board of Commissioners, in the event of the failure to provide by the final budget a sufficient appropriation to enable the county to conduct the indispensable functions of government, may make, approve, and adopt a supplemental budget providing therein for an appropriation for such purposes; and
WHEREAS, notice has been given of the board’s intention to make and adopt such supplemental budget, along with the time and place when the same will be considered and adopted by the governing board, by publication and posting at the front door of the courthouse;
THEREFORE, BE IT RESOLVED that such supplemental budget, Ambulance Equipment $129,400, shall be approved and adopted as a supplemental budget to the 2017 annual budget for Miner County, South Dakota.
Voting aye: Protsch, Durant, Gassman, Reisch and Wentland. Voting nay: none. Resolution approved.
Dated this 17th day of November 2017.
Roger Wentland, Chairman
Garrett Gassman
Tom Reisch
Alex Protsch
Voni Durant
Attest: Susan Connor, Miner County Auditor
Be it noted that the following official depository, Miner County Bank, name has changed from Miner County Bank to Rivers Edge Bank.
It was moved by Durant, seconded by Reisch and carried to follow Governor Daugaard’s action to grant administrative leave to full time county employees on December 26, 2017. State & Miner County offices will be closed December 26th.
Highway Superintendent Ron Krempges joined the meeting to report on culvert issues & gravel location testing. He also informed the board of the county highway truck one vehicle accident that happened on Monday, November 6th. No injuries were reported with minimal damage to the 1989 International Truck.
One bid was received for the advertised sale of the 2005 Cat Motor grader. This bid from Paul Jennings Construction was below the appraised price of the motor grader. It was moved by Durant, seconded by Gassman and carried to table the bid until the November 17th meeting so that research may done to ensure compliance with SD codified laws.
Welfare Director Gibi page presented the following applications for assistance. It was moved by Protsch, seconded by Durant and carried to deny application 17-05 according to SDCL 28-13-27.6 as applicant is indigent by design. It was moved by Gassman, seconded by Reisch and carried to deny application 17-06 according to SDCL 28-13-33 as prior approval is needed for surgery costs.
Bill Wagner of Roslyn, SD presented a request for compromise of liens associated with Lot 1 Block 1, Howard City-Ward’s, Howard, SD. The board informed Mr. Wagner that due to the fact he is not the current property owner his request could not be considered.
Director of Equalization Tami Severson presented the following plat for consideration. It was moved by Gassman and seconded by Durant to approve the following resolution
RESOLUTION 17-34
BE IT RESOLVED that the plat described as LOT 1 OF CLITES ADDITION IN GOVERNMENT LOT FOUR (4)) OF SECTION THREE (3), TOWNSHIP ONE HUNDRED EIGHT (108) NORTH, RANGE FIFTY-SEVEN (57) WEST OF THE 5TH p.m. IN MINER COUNTY, SOUTH DAKOTA, be approved and accepted by the Board of County Commissioners at its meeting of November 7th, 2017 and the county Auditor is hereby instructed to endorse on such plat a copy of this resolution and to certify the same. Voting aye: Durant, Reisch, Protsch, Gassman and Wentland. Voting nay: none. Resolution adopted this 7th day of November 2017.
Roger Wentland, Chairman
Miner County Board of Commissioners
Attest: Susan Connor, Miner County Auditor
Severson presented a request from Corelogic to receive the county’s developed GIS information. It was moved by Protsch, seconded by Durant and carried to table the request so that legal counsel may be contacted for input.
It was moved by Reisch, seconded by Gassman and carried to approve the addendum to the agreement from First District of Local Govts. for services associated with updating Miner County’s Hazard Materials plan.
It was moved by Gassman, seconded by Durant to authorize the auditor to make an operating transfer as provided for in the 2017 budget in the amount of $25,000 to the 911 fund.
The board was informed as to the costs ($6,865.00) associated with upgrading the 911 office to become compliant with the SD 911 Standards Board’s requirements. A glass wall will be installed to prevent public access to the 911 dispatchers.
Commissioner Wentland reported on issues with the county farm ground and drainage issues. An indemnification agreement between the current renters and county was presented to the ASCS office for their signature. Kirk Lundgren informed the renters that they could proceed with the work but would not sign the agreement. Due to those circumstances the planned clean out of the current ditch running through the farm ground will not be completed by the renters. Wentland encouraged the board to research possible solutions to rectify the drainage issues on the farm ground so that the county could be good stewards of the land. Members of the board will be looking for solutions with the intent to proceed prior to the next contract start date of February 1, 2020.
The meeting adjourned to November 21, 2017. Dated this 7th day of November 2017.
Roger Wentland, Chairman
Miner County Board of Commissioners
Attest: Susan Connor, Miner County Auditor