October 3, 2017
The Miner County Board of Commissioners met in regular session October 3, 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 Protsch, seconded by Reisch and carried to approve the agenda.
The minutes of the September 26th meeting were approved.
The Auditor’s account with the County Treasurer showed a September 30, 2017 balance of $5,627,790.91 in all state, county, civil, school, and trust accounts.
It was moved by Durant, seconded by Gassman and carried to approve the following claims and authorize payment: Road & Bridge $30,241.64, Wellmark $33,757.43, MetLife $1,560.69, Retirement $5,285.13, OASI $7,685.01, Commissioners $4,140.00, Auditor $6,616.50, Treasurer $5,969.25, States Attorney $3,859.25, Govt Building $3,328.00, Director of Equalization $6,586.82, Register of Deeds $5,992.65, Vet Service $834.00, Sheriff $10,772.75, Contract Law $3,846.00, Welfare $441.36, Co Nurse $1,194.00 (Includes Brittany Lunstra at $16.28/hr), Ambulance $7,994.17, WIC $81.25 (Includes Brittany Lunstra at 16.28/hr), Extension $1,194.00 (Includes Brittany Lunstra at $16.28/hr), Weed $1,183.50, Dispatch $12,255.76 (Includes Deborah Gibson at $16.28/hr), Emergency Mgt $2,198.75 SEPT PAYROLL; MetLife $92.22 GROUP INSURANCE; Deborah Gibson $11.00, Brittany Lunstra $48.00 TRAVEL. Horizon Health Care $100.00 BLOOD SCREEN; Lammers Kleibacker, LLP $202.90, Wilkinson & Wilkinson $326.72 COURT APPOINTED ATTORNEYS; Xcel Energy $14.51 ELECTRIC SERVICE; Emergency Safety Education $113.61 IN SERVICE EDUCATION; Howard Auto Clinic $50.00 TOWING EXPENSE; Miner County Pioneer $160.77 PUBLISHING; Microfilm Imaging Systems $145.00 RENT; James Valley Landscape $681.98, Ultra $2,018.75 REPAIRS; Greg Protsch $900.00 STATE’S ATTY OFFICE EXPENSE ALLOWANCE; Dakota Fluid Power $20.03, Homestead Building Supply $61.32, Kibble Equipment $224.14, Mid-American Research $371.41, Safe N Secure $2,855.81, Ultra $68.00 SUPPLIES; Alliance Communications $871.84, Colleen Arens $30.00, Mike Clary $30.00, Rob Eggert $30.00, Lanny Klinkhammer $30.00 TELEPHONE; Bob Calmus $26.00, Susan Connor $71.40, Lanny Klinkhammer $237.00, Professional Appraisers of SD $175.00, Ramkota Hotel $290.97 TRAVEL; City of Howard $2,563.29 UTILITIES.
Correspondence was received from Dakota Access Pipeline announcing their strategy to donate $20,000 to Miner County to be used in support of Miner County first responder departments. This $20,000 donation will be the same across all 50 counties the pipeline crosses regardless of population or pipeline miles. The board authorized the auditor to submit the required information to obtain the donation. Distribution will be discussed after funds are received.
The addendum to the Farm Lease was approved granting permission to the Lessees to personally clean out the drainage ditch located on the premises in full compliance with all applicable governmental regulations.
Tami Severson Director of Equalization presented the following plat for consideration. It was moved by Gassman and seconded by Protsch to adopt the following resolution.
RESOLUTION 17-31
BE IT RESOLVED that the plat shown hereon and described as LOT 1 of CONNOR’S ADDITION IN NORTHEAST QUARTER (NE ¼) OF SECTION THIRTY-FOUR (34), TOWNSHIP ONE HUNDRED SEVEN (107) NORTH, RANGE FIFTY-FIVE (55) 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 October 3, 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: Protsch, Gassman, Reisch, Durant and Wentland. Voting nay: none. Resolution approved this 3rd day of October, 2017.
Roger Wentland, Chairman
Miner County Board of Commissioners
Attest: Susan Connor, Miner County Auditor
Joining the meeting were Carla Poulson of the Miner County Pioneer; Ambulance Manager Cora Schwader; and ambulance board members Gibi Page, Kari Jo Carlson, Mike Connor and Lanny Klinkhammer. The board reviewed bids from 4 companies for a total of 11 ambulance bids. The bids were opened on Monday, October 2nd by the ambulance board. After comparison of all bids the ambulance board requested the commissioners approve one of the bids from Arrow Manufacturing at the cost of $129,400.00. Commissioners questioned the compliance with each of the bids to the bid specifications which revealed non-compliance on several of the bids. It was moved by Protsch to purchase the E 450 Ford with a 168” Module from Arrow Manufacturing for a cost of $129,400. Motion died for lack of second. It was then moved by Protsch, seconded by Durant and carried unanimously to purchase the G 4500 Chevy with a 173” Module. This bid was not the lowest bid but it was determined to be in the best interest of the County and the county tax payer dollars to award the bid to Arrow Manufacturing for the following reasons: Lifetime Warranty on everything included in the module conversion-including electrical, cabinets; and Availability within 30 days (Currently both county owned ambulances have ongoing mechanical issues). A complete listing of all bids is available for inspection in the auditor’s office.
Highway Superintendent Ron Krempges joined the meeting to review several highway matters. Commission member Wentland asked Krempges if the highway department had plans for the wooden posts that were removed during the signing project. Krempges indicated that the good post have been stockpiled for future use by the department and the posts that were no longer useful will be destroyed.
Krempges reported that with the recent heavy rains several roads, especially in the NW corner of the county, have been washed out. An approximately 9’ in diameter culvert located in Redstone Township northwest of Carthage has been washed out. According to SDCL 31-14-27 a township board of supervisors or a county highway superintendent may request the board of county commissioners to replace in its entirety any culvert with an opening of sixteen square feet or more including material upon the secondary roads with such township shall reimburse the county up to and including five hundred dollars and any cost in excess of five hundred dollars shall be paid by the county. Krempges requested that the county provide the culvert and assist with the installation of such culvert. It was moved by Durant, seconded by Gassman and carried to authorize the Miner County Highway Department to provide and replace the culvert located between sections 4 & 9 of Redstone Township.
Other highway matters discussed included mowing of county road ditches, sale of CAT Motorgrader at October 17th meeting, and the condition of the road treated with mag water leading to Shannon Colony.
The commission acknowledge the passage of the following resolution at its September 26th meeting.
RESOLUTION 17-30
A RESOLUTION ADOPTING THE MINER COUNTY FIVE-YEAR HIGHWAY AND BRIDGE
IMPROVEMENT PLAN
WHEREAS, the South Dakota Department of Transportation Local Bridge and improvement Grant Fund requires that in order to be eligible to apply for Bride Improvement Grant funds, Counties are required to develop a five-year Highway and Bridge Improvement Plan, hereinafter referred to as Plan; and
WHEREAS, Miner County has utilized the South Dakota Department of Transportation, County Staff, the First District Association of Local Governments, Townships, and the general public in developing the various components of the Plan; and
WHEREAS, the Plan includes maps and lists identifying an inventory of highways and bridges, project needs, and revenue sources; and
WHEREAS, Miner County held a public meeting on September 5, 2017 to solicit input into the Plan, and the citizens who attended expressed an interest in the Plan; and
WHEREAS, the County will be able to use the Plan as a tool to budget for transportation enhancements and better coordinate transportation issues with other entities;
NOW, THEREFORE, BE IT RESOLVED BY THE MINER COUNTY BOARD OF COUNTY COMMISSIONERS THAT THE MINER COUNTY FIVE-YEAR HIGHWAY AND BRIDGE IMPROVEMENT PLAN IS HEREBY ADOPTED AND IS RECOGNIZED AS THE HIGHWAY AND BRIDGE IMPROVEMENT PLAN FOR MINER COUNTY.
Dated at Howard, South Dakota this 3rd day of October 2017.
Roger Wentland, Chairman
Miner County Board of Commissioners
Attest: Susan Connor, Miner County Auditor
Joining the meeting were Suzanne Starr of UJS Rural Attorney Recruitment Program, UJS Attorney Megan Borchert, Attorney Roger Hunt, Kristian Ellendorf and Miner County State’s Attorney Gregory Protsch. Ms. Starr explained the benefits and requirements of the Rural Attorney Recruitment Program. Miner County has a previous contract through the program acquiring Kristian Ellendorf as a practicing attorney in Miner County. This program receives payments from the UJS (50%), SD State Bar Association (15%) and the participating county (35%). The original contract expired and would need to be renewed if Miner County intends to participate in the program. It was moved by Durant, seconded by Protsch and carried to authorize Chairman Wentland to sign the agreement to participate in the Rural Attorney Recruitment Program with Miner County’s first of five payments being paid before 12/31/2017.
State’s Attorney Gregory Protsch addressed the board of commissioners requesting that the board through the use of SDCL 7-16-3 appoint Kristian Ellendorf as Miner County Deputy State’s Attorney. It was moved by Reisch, and seconded by Gassman to approve the following resolution.
RESOLUTION 17-32
WHEREAS, SDCL 7-16-3 allows for the State’s Attorney to appoint one deputy having the qualifications required and
WHEREAS, Kristian Ellendorf is a duly licensed attorney and counselor at law having the qualifications required of state’s attorneys and
WHEREAS, Miner County State’s Attorney, Gregory Protsch requests the Miner County Commission to appoint Kristian Ellendorf with all the powers of the state’s attorney, subject to the control of the state’s attorney
THEREFORE BE IT RESOLVED by the Miner County Board of Commissioners that Kristian Ellendorf is now appointed to serve as Miner County Deputy State’s Attorney beginning October 4, 2017.
Voting aye: Protsch, Reisch, Durant, Gassman and Wentland. Voting nay: none. The resolution is adopted this 3rd day of October, 2017.
Roger Wentland, Chairman
Miner County Board of Commissioners
Attest: Susan Connor, Miner County Auditor
Attorney Roger Hunt representing DAW, LLC joined the meeting to request a quit claim deed from the county for an acre of land located in Rock Creek Township. This parcel was originally deeded to the “Rock Creek School Township” in 1884. This school district was merged in the Burbank School in approximately 1916. This deed and the reference to a school parcel has apparently not been referenced in any deed work done after 1957. The current owner (since 1979) has farmed the parcel (located in the center of the section) and paid taxes on 320 acres.
State’s Attorney Protsch explained to the board that by approving the quit claim deed Miner County states and affirms that the county has no claim to the 1 acre parcel. It was moved by Protsch, seconded by Durant and carried to authorize the Chairman (Wentland) to sign the quit claim deed for the property described as follows: The Southeast Quarter (SE ¼) and the Southwest Quarter (SW ¼) of Section Eleven (11), Township One Hundred Five (105), Range Fifty-Seven (57) West of the 5th P.M., Miner County, South Dakota. This quit claim deed is done to clear title regarding a certain Warranty Deed whereby Fredrick Wendt conveyed the following described real property to Rock Creek School Township: Commencing at a point 1 rod east of quarter post of Southeast ¼ Section 11 Township 105 Range 57, from thence west 2 rods thence north 160 rods, thence east 2 rods, thence south 160 rods, also commencing at a point 1 rod east from quarter post of Northwest corner of Southeast ¼ -11-105-57, thence south 13 rods, thence east 13 rods, thence north 13 rods, thence west 13 rods to place of beginning.
The meeting adjourned to October 17th. Dated this 3rd day of October, 2017.
Roger Wentland, Chairman
Miner County Board of Commissioners
Attest: Susan Connor, Miner County Auditor