July 16, 2019

July 16, 2019

The Miner County Board of Commissioners met in regular session July 16, 2019 in the Miner County Courthouse.  Members present:  Roger Wentland, Garrett Gassman, Tom Reisch, 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 Durant and carried to approve the agenda as amended.  The minutes of the July 2nd meeting were approved with the correction of Cora Schwader’s title from 911 Coordinator to 911 Director.  No one appeared for Public Comment. 

It was moved by Durant, seconded by Gassman and carried to approve the following claims for payment: Alliance $150.00, Century Link $106.83, Santel $55.12 911 CHARGES; ICAP $654.33 COMMUNITY ACTION PAYMENT; SD Dept. of Transportation $2,958.83 CONTRACTED MAINTENANCE; Miner Co Treasurer $13.50 DOMESTIC ABUSE ADMINISTRATIVE EXPENSE; Domestic Violence Network $60.75, Mitchell Area Safehouse $60.75 DOMESTIC ABUSE PAY TO OTHERS; Central Electric Coop $62.64, Xcel Energy $11.11 ELECTRICITY; Microfilm Imaging Systems $710.00 EQUIPMENT; Don Eppe $100.00, HFCA $17,242.09, Sturdevant’s $50.63, Wingen’s Garage $1,683.45 FUEL; Thomson Reuters $819.78 LAW BOOKS; Dean Schaefer Court Reporting $60.00 MENTAL ILLNESS HEARING EXPENSE; Nick Kramer $750.00 MOWING; Davison Co Jail $95.00, Lake Co Sheriff’s Office $300.00 PRISONER CARE; Office Ally $35.00 PROCESSING FEE; Miner County Pioneer $167.48 PUBLISHING; Aramark $308.07, Microfilm Imaging $290.00 RENT; Al’s Service $66.43, Butler Machinery $1,134.50, Howard Auto Clinic $87.50, HFCA $51.31, James Valley Landscape $262.55, Lake County International $865.42, Marshall & Swift $1,879.95, Office Peeps $151.27, S&S Contracting $8,078.32, Sturdevant’s $36.45, Two Way Solutions $4,331.02, Ultra $9,935.00 REPAIRS; Spencer Quarries $1,935.37, True North Steel $7,736.08 ROAD MATERIALS; Greg Protsch $900.00 STATE’S ATTY OFFICE EXPENSE ALLOWANCE; Beadle Co Auditor $1,144.00 STATE’S ATTY VICTIMS ADVOCATE; Lexis Nexis $149.00 SUBSCRIPTIONS; Boyer Trucks $618.75, Butler Machinery $1,643.02, C&R Supply $103.59, Diamond Mowers $816.74, Diesel Machinery $339.20, Dust-Tex Service $130.88, Homestead Building Supply $26.28, HFCA $14,579.18, McLeod’s Printing $169.90, Office Peeps $1,266.70, Quill Corporation $85.95, Rusty’s $168.33, Cora Schwader $103.80, Scull Studios $30.00, Sturdevant’s $614.80, Thomson Reuters $952.90, Tom’s Hardware $151.47, Ultra $24.00 SUPPLIES; Colleen Arens $30.00, Mike Clary $30.00, Rob Eggert $30.00, Verizon $75.89, Ethan Weisz $30.00 TELEPHONE; Cardmember Services $268.00, Voni Durant $33.60, Garrett Gassman $17.64, The Lodge at Deadwood $1,272.00, Brittany Yanish $385.82 TRAVEL; $680.00 JUDICIAL JURIES; $139.44 JUDICIAL TRAVEL.

It was moved by Reisch, and seconded by Gassman to adopt the following resolution.

RESOLUTION 19-16

            WHEREAS, insufficient appropriation was made in the 2019 budget for the following department to discharge just obligation 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 the appropriation be transferred from contingency to Domestic Abuse Fund $135.00.  Voting aye:  Protsch, Reisch, Gassman, Durant and Wentland.  Voting nay:  none.  Resolution approved this 16th day of July 2019.

                                                                                   

                                                                                    Roger Wentland, Chairman

                                                                                    Miner County Board of Commissioners

Attest:  Susan Connor, Miner County Auditor

It was moved by Protsch, seconded by Durant and carried to declare surplus and authorize disposal of three Samsung air conditioner units.

            Sheriff Robert Eggert made a request for a pay increase for Deputy Sheriff Mike Clary.  The request was denied by the board. 

            It was moved by Gassman, seconded by Durant and carried to allow Miner County departments who qualify to receive cell phone and data service from FirstNet.  Only first responders, law enforcement and emergency management qualify for this service.

The board recessed as a board of commissioners. The board reconvened as a board of adjustments.  Chairman of the board, Alex Protsch, called the meeting to order.  A hearing was held as advertised to consider granting a variance from the zoning ordinance to Landon & Kaitlyn Lee to construct a building closer to adjoining property lot lines than zoning allows, in the parcel described as Lots 3-4 & S2NW4 of Section 2, T107N, R56W, Adams Township, Miner County, South Dakota.  Those present for the meeting included zoning board members, Landon Lee and Director of Equalization Deputy Darcy Albert.  Lee explained his request for placing the proposed building closer than the required 30’.  To meet that requirement, Lee would need to remove trees or place it on the other side of the trees which would

cause snow issues in the winter.  No person appeared in opposition to granting the variance.  It was moved by Wentland and seconded by Gassman 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

LANDON AND KAITLYN LEE FOR A VARIANCE       )

 

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FINDINGS

I

            That the applicants, Landon & Kaitlyn Lee, have made an application for a variance to construct a building closer to adjoining property lot lines than zoning allows, in the parcel described as Lots 3-4 & S2NW4 of Section 2, T107N, R56W, Adams Township, Miner County, South Dakota and that they are the owners 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 they have 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 16, 2019, in the Commissioners’ Room of the Miner County Courthouse.

V

            That the applicant, Landon Lee 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 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 Landon & Kaitlyn Lee for a variance be approved to allow the variance for the following reasons with the condition: Lee must obtain written approval from Chrysti Protsch who is the adjoining landowner and file such letter with the Miner County Zoning Administrator.

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 16th day of July, 2019.

                                                                        Alex Protsch, Chairman

                                                                        Miner County Board of Adjustment

Attest:  Susan Connor, Secretary

The board adjourned as a Board of Adjustments and reconvened as a Board of Commissioners.

Darcy Albert presented the following plat for consideration.  It was moved by Gassman and seconded by Protsch to approved the following resolution.

RESOLUTION 19-17

BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MINER COUNTY, SOUTH DAKOTA, that the plat representing Tract 2 of Torkelson’s Addition in the southeast quarter of the southeast quarter (SE ¼ SE ¼) of Section 5, Township 107 North, Range 56 West of the 5th P.M., Miner County, South Dakota be and the same is hereby approved.

Voting aye:  Gassman, Protsch, Reisch, Durant and Wentland.  Voting nay:  none.  Resolution approved this 16th day of July, 2019.

                                                Roger Wentland, Chairman

                                                Miner County Board of Commissioners

Attest: Susan Connor, Miner County Auditor

Highway Superintendent Ron Krempges met with the board to review patch asphalt progress, Mack truck repair issues, Clearwater/Shannon Colony road condition, and other highway issues.  Krempges reported he is working on a schedule to complete placing mag water on the cemetery road (434th Ave.) which is a joint project with Miner County, Howard Township and Howard City. 

It was moved by Durant, seconded by Reisch and carried to enter into an extended warranty with Butler Cat on the 2013 motorgrader-24 month 2500 hours $16,900.

The meeting was moved to the 3rd floor courtroom to discuss flooding issues at Lake Thompson.  The following joined the meeting:  Miner County State’s Attorney Greg Protsch, Miner County Emergency Manager Kent Terwilliger, Henden Township Supervisor John Schwader, Kingsbury Emergency Manager Cindy Bau, Kingsbury County Commissioner Shelly Nelson, Miner County Highway Superintendent Ron Krempges, Miner County Equalization, Planning & Zoning Deputy Darcy Albert, and Lake Thompson residents-Daniel Meints, Clint Martins, Gary Wiggins,  & Lynn Meints.  Chairman Roger Wentland asked the Lake Thompson residents to address the board.  The residents stated that a study on the flooding had been completed and submitted by James E. Knight with assistance from Jay Gilbertson & Kevin Christenson of the East Dakota Water Development District.  The study suggests there are areas that are blocked with vegetation and silt at the outlet located on private land in Belleview Twp.  (A copy of the study was made available to those in attendance).  They requested the outlet be cleaned to allow for additional water flow. 

State’s Attorney Protsch addressed this request by informing those in attendance that Miner County does not have authority to clean out the outlet as that outlet is on private property.  Protsch also provided a copy of the email received the morning of this meeting from Mark D. Rath, Natural Resources Engineer of the Water Rights Program - DENR.  The email quoted Findings of Fact, Conclusion of Law and Final Order (NGVD29 datum) #4:

 

The email also stated “Following a review of Dr. Knight’s proposal and the Final Order of the Water Management Board by Water Rights staff and the Chief Engineer, it was determined any excavation of sediment and vegetation at the outlet area allowing the outlet area to pass more water would have an effect on the configuration of the

outlet and state, level, and flow of Lake Thompson and waters of the state, and therefore the issue needs to be heard by the Water Management Board per their Final Order as adopted in 2013.”

Miner County does not have the authority and cannot act on this request.  The matter must be taken to the Water Management Board. 

The meeting relocated to the commission room on second floor.  The board considered the quote from Dawson Construction to remove structures on county owned land located at 107 West Wilson, Howard, SD.  It was moved by Durant, seconded by Protsch and carried to approve the quote ($9300) from Dawson Construction for removal & disposal of trees, house, shed, concrete & basement footings and fill material for the basement.

It was moved by Protsch, seconded by Durant and carried to authorize the auditor to complete the application for 211 Helpline services for Miner County residents. 

Alaina Wellnitz presented the Victims Advocate Annual Report.  Wellnitz is the coordinator of the Victim Witness program which is shared between 11 counties.  She requested an $124 increase to the 2020 budget.  The board approved the budget request.   

911 Director Cora Schwader made the request to figure qualifications for SD Retirement benefit on an average basis.  According to SDCL, “Permanent full-time employee”, any employee who has been placed in a permanent classification who is customarily employed by a participating unit for twenty hours or more a week and at least six months a year.   The participating unit shall decide if an employee is a permanent full-time employee and that decision is conclusive.  It was moved by Gassman, seconded by Durant and carried that as of August 1, 2019 Miner County shall determine a “Permanent full-time employee” based on an average of 20 hours per week for a 6 month period. 

Schwader also informed the commission that a dispatcher will be out for an extended period of time.  She has contacted a previous employee who has agreed to fill in during that leave of absence.  It was moved by Reisch, seconded by Gassman and carried to reinstate Sara Howe as a 911 dispatcher at level 4 (the level at which she left) $17.83/hour. 

The board briefly discussed the 2020 proposed budget.  Further review will continue until adoption in September 2019. 

The meeting adjourned until August 6, 2019.  Dated this 16th day of July, 2019.

                                                Roger Wentland, Chairman

                                                Miner County Board of Commissioners

Attest:  Susan Connor, Miner County Auditor

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