March 20, 2018
The Miner County Board of Commissioners met in regular session March 20, 2018 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. Others present included Carla Poulson of the Miner County Pioneer and Director of Equalization Tami Severson. The Pledge of Allegiance was recited. Motion by Protsch, seconded by Reisch and carried to approve the agenda.
The minutes of the March 6th meeting were amended and approved as follows: It was moved by Reisch, seconded by Gassman and carried to award contracts to Asphalt Paving, Bowes Construction and Concrete Materials allowing the highway superintendent to use the most economical contract depending on work site. And- It was moved by Gassman, seconded by Reisch and carried to approve the purchase of the 2012 Trail King belly dump gravel trailer from Hughes County Highway Department, $38,000.00.
The board acknowledged receipt of the following correspondence: SD DENR Donahue Farms As-Build Plans Review; SD Dept. of Revenue Sales & Compliance Audit Reports; Miner County Conservation January Minutes & Treasurer’s Report; East Dakota Water Development District February Minutes.
CLAIMS ALLOWED: ICAP $633.50 COMMUNITY ACTION PAYMENT; Wilkinson & Schumacher $1,711.55 COURT APPT ATTYS; Central Electric Coop $57.76, Xcel Energy $30.07 ELECTRICITY; Cora Schwader $350.39 EQUIPMENT; HFCA $665.95, Wingen’s Garage $134.00 FUEL; Miner Co Treasurer $2.68 POSTAGE; Aramark $242.79, Microfilm Imaging Systems $210.00 RENT; Butler Machinery $454.20, Cummins Central Power $666.92, Dakota Fluid Power $228.38, Office Peeps $175.47, S&S Contracting $86.73 REPAIRS; Brock White $28,209.90 ROAD MATERIALS; Clarke Machine $3.00, Corner Pantry $49.56, Driveline Service $199.78, Dust-Tex $152.86, Emergency Medical Products $9.76, Howard Heating & Plumbing $285.60, Mighty Auto Parts $175.21, Miner Co Treasurer $168.72, N Central Int. of SF $1,073.26, Office Peeps $857.21, Runnings $279.95, Sturdevant’s $868.17, Tom’s Hardware $283.77 SUPPLIES; Verizon $94.57 TELEPHONE; Deb Gibson $322.08, Cora Schwader $148.04 TRAVEL.
Senior Guidance requested to have their website listed on the Miner County website for a source of reference for senior living facilities within the county. The board granted the request.
It was moved by Gassman, seconded by Protsch and carried to follow Governor Daugaard’s action to grant administrative leave to full time county employees on Easter Monday, April 2, 2018. State & Miner County offices will be closed April 2nd.
Bid opening for the 2006 Ford Type III Ambulance was held. One bid was received from Ron Anderson of Sioux Falls, SD - $2,252.00. It was moved by Reisch, seconded by Durant and carried unanimously to reject the bid as it did not meet the appraised price.
Reggie Hammond of MJ Dalsin Roofing of Sioux Falls presented information on free roof inspection of the county owned buildings. Mr. Hammond said that since the courthouse roof is currently under a 15 year warranty any repairs that would be needed would need to be done by a Carlisle certified installer. Those repairs could be handled by MJ Dalsin or another certified contractor. The board agreed to have MJ Dalsin complete the free roof inspection.
Kristian Ellendorf, Miner County State’s Attorney, Randy Parry & Dave Dawson of Howard Industries, and Jerry Adler of the City of Howard joined the meeting. Randy Parry made a request for county assistance with the removal of 4 buildings on Howard’s Main Street. Wentland asked the question of “who owns the buildings?” Parry indicated that Howard Industries has 3 of the 4 purchase agreements signed. Ellendorf addressed the request by stating a political subdivision can only assist another political subdivision (SDCL 6-5-1). So therefore, Miner County could not assist with this project as Howard Industries is not a political subdivision. The commission agreed with the legal advice and denied the request.
Jerry Adler representing Miner County Recreation Association made a request for recreation grant funds for Miner County Recreation Association, Canova Summer Youth Recreation, and Carthage City. It was moved by Reisch, seconded by Durant and carried to grant $1500 to Miner Co. Recreation Assoc., $1000 to Canova Summer Youth Recreation and $1000 to Carthage City for youth recreation purposes.
The board adjourned as a Board of Commissioners and reconvened as a Planning Board acting as the Board of Adjustments. A hearing was held to consider an application for a variance from the zoning ordinance from Nick Connor to plant trees closer to the road and closer to adjoining property owner than allowed by zoning regulations in Lot 1 of Connor’s Add a subdivision of Tract A of Wombacker’s First Add in Northeast (NE) ¼ of Section 34, T107N, R55W, Henden Township, Miner County, South Dakota.
Henden Township Supervisor, John Schwader asked about the location of the trees inside the setback area. Severson informed those present that the application indicated the trees would be planted 75 feet from the road. With that information Schwader had no objections or concerns in granting the variance.
Following consideration of oral testimony in support of the application, it was moved by Wentland, seconded by Durant the Findings that follow 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
NICK CONNOR FOR A VARIANCE )
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FINDINGS
I
That the applicant, Nick Connor, has made an application for a variance to plant trees closer to the road and closer to adjoining property owner than allowed by zoning regulations in Lot 1 of Connor’s Add a subdivision of Tract A of Wombacker’s First Add in Northeast (NE) ¼ of Section 34, T107N, R55W, Henden Township, Miner County, South Dakota and that he is 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 March 20, 2018, in the Commissioners’ Room of the Miner County Courthouse.
V
That the applicant, Nick Connor appeared in person.
VI
That John Schwader, Henden Township Supervisor and Martin J. Connor were also present.
VII
That no person appeared in objection to granting the variance.
VIII
That a presentation in support of said variance and testimony on behalf of said variance was received at the hearing and that no testimony opposing 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 Nick Connor for a variance be approved to allow planting of trees 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 five in favor thereof and none opposed thereto.
It is, therefore, ORDERED that said application be approved.
Dated this 20th day of March, 2018.
Alex Protsch, Chairman
Miner County Board of Adjustment
Attest:Susan Connor, Secretary
The board adjourned as a Planning Commission.
The board of commissioners adjourned to April, 3, 2018. Dated this 20th day of March, 2018.
Roger Wentland, Chairman
Miner County Board of Commissioners
Attest: Susan Connor, Miner County Auditor