September 24, 2019
The Miner County Board of Commissioners met in regular session September 24, 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. The minutes of the September 3rd meeting were amended to reflect the following changes: September 2nd to September 3rd, and R45 to R56. No one appeared for Public Comment.
The following correspondence was received: Miner County Sheriff & Dispatch Service August Reports; Notice of Entry of Order-SD DENR Water Management Board.
It was moved by Gassman, seconded by Reisch and carried to authorize the auditor to pay the following claims: CLAIMS ALLOWED: Alliance $150.00, Century Link $108.97, Santel $55.12, Triotel $167.53 911 CHARGES; SD Dept. of Health Lab $40.00 BLOOD DRAW; FJM Collections $751.35 COLLECTION FEES; ICAP $654.33 COMMUNITY ACTION PAYMENT; Lammers Kleibacker $584.25 COURT APPOINTED ATTYS; Central Electric Coop $62.30, Xcel $10.03 ELECTRICITY; HFCA $11,135.75, Sturdevant’s $31.07, Wingen’s Garage $159.50 FUEL; John Eulberg $375.00, Nick Kramer $375.00 MOWING; Lake Co Sheriff’s Office $75.00 PRISONER CARE; Avera Occupational Medicine $79.60, First District Assn. of Local Govts $11,602.50 PROFESSIONAL SERVICES; Miner County Pioneer $547.96 PUBLISHING; Aramark $238.29, Microfilm Imaging $290.00 RENT; All-in-One Landscaping $275.00, Butler Machinery $17,551.40, Marshall & Swift $2,204.10, MES Companies $260.00, Microfilm Imaging $108.00, Midwest Fire & Safety $210.00, Office Peeps $160.22, S&S Contracting $107.14 REPAIRS; Jebro $76,416.78, Lyle Signs $231.80, TrueNorth Steel $9,408.00 ROAD MATERIALS; Relx, Inc. $149.00 SUBSCRIPTIONS; AED Superstore $349.20, Boyer Trucks $17.39, C&R Supply $100.00, Cardmember Services $25.43, Chief $92.24, Dust-Tex $196.32, Emergency Medical Products $202.23, Maria Feldhaus $47.09, Home Service Water Conditioning $10.80, Homestead Building Supply $35.48, HFCA $63.94, Krug Products $4.16, Lyle Signs $972.52, Kayla Miller $9.59, Office Peeps $1,112.45, Puthoff Repair $175.46, RDO Equipment $675.00, Rusty’s $143.38, Salem Special $174.00, Cora Schwader $63.84, Sturdevant’s $576.57, Tom’s Hardware $78.38, Transource $210.07, Wheelco $70.11 SUPPLIES; AT&T $110.86, Century Link $27.34, Verizon $72.27 TELEPHONE; SD Dept. of Public Safety $2,340.00 TELETYPE; Pat Carmon $178.72, Clubhouse Hotel $276.00, Susan Connor $248.44, Maria Feldhaus $461.33, Governor’s Inn $492.00, Amie Kidd $47.88, Quality Inn $163.98, Ramada $476.00, Ramkota Hotel $1,166.00, SD LTAP $100.00, Kent Terwilliger $219.72 TRAVEL; SGS North America $159.75 WEED ENFORCEMENT.
The County Commission held the Second Reading of Ordinance 19-01 the rezoning of property from “Ag” to “CI” Commercial/Industrial. Present for the hearing included Zoning Administrator Tami Severson. It was moved by Reisch and seconded by Protsch to adopt the following Ordinance.
Ordinance 19-01
AN ORDINANCE ENTITLED, an ordinance to amend Section 302 adopted by Ordinance 2004-1, May 4, 2004 as amended, of the Zoning Ordinance of Miner County
Be it ordained by the Board of County Commissioners of Miner County, South Dakota: that Section 302 “Provision for Official Zoning Map” adopted by Ordinance 2004-1, May 4, 2004, as amended, of the Zoning Ordinance of Miner County be amended to classify the following property upon platting:
Leighton Tract 1 in the NW4 of Section 10, T106N, R57W, Roswell Township, Miner County, South Dakota.
To “CI” Commercial/Industrial Zoning District from “A” Agricultural Zoning District
Passed and adopted this 24th day of September, 2019.
Roger Wentland, Chairman
Miner County Board of Commissioners
Attest: Susan Connor, Miner County Auditor
It was moved by Durant, seconded by Gassman and carried to approve the application and fee ($2500) of OnX for the Miner County GIS Parcel Layer.
Emergency Management Director Kent Terwilliger presented the following disaster declaration. It was moved by Reisch and seconded by Gassman that the following declaration be approved.
RESOLUTION 19-23
WHEREAS, MINER COUNTY SD on 9-7-2019 through 9-10-2019 endured severe weather.
WHEREAS, this severe storm caused major flooding which many of the roads in Miner County have been flooded and many of them washed out and impassable, and
WHEREAS, the storm over a 3-day period Miner County received heavy rains which caused the moisture to run off and caused major flooding
NOW THEREFORE BE IT RESOLVED THAT Miner County Commissioners do hereby declare a disaster for the population of the area impacted. The MINER COUNTY commissioners respectfully request that all assistance that may be available from State and Federal agencies be provided to all local Governments to include Miner County and businesses and general population as we work to overcome this disaster.
BE IT ALSO RESOLVED THAT the MINER County Commissioners do hereby declare a flood disaster and respectfully request the Governor of the State of South Dakota to declare a disaster area and to request a Presidential Declaration of Disaster to ensure that the maximum amount of assistance is made available to local governments, businesses and residents affected.
Voting aye: Protsch, Gassman, Reisch, Durant, Wentland. Voting Nay: None.
Resolution approved this 24th day of September, 2019.
Roger Wentland, Chairman
Miner County Board of Commissioners
Attest: Susan Connor, Miner County Auditor
Terwilliger informed those present of the Dakota Access First Responders Grant that will be disbursed to those counties where the pipeline crosses. Further information will be available in October.
Chairman Wentland reviewed the Notice of Entry of Order from the SD DENR Water Management Board. Wentland, State’s Attorney Protsch and EM Kent Terwilliger attended the special meeting of the Water Management Board. The Kingsbury County’s motion to Allow Maintenance of Lake Thompson is granted for ordinary maintenance, subject to DENR’s approval of a proposal demonstrating that the maintenance plan does not amount to any structural changes to the outlet or excavation of the hard bottom of the channel.
ANNUAL BUDGET FOR MINER COUNTY, SD
For the year January 1, 2020, to December 31, 2020
Tax Levy in Tax Levy in
Dollars $’s/1,000
COUNTY TAX LEVIES
WITHIN LIMITED LEVY:
County Purposes (SDCL 10-12-9) $2,912,675.00 3.739
(Includes $5,510 to be distributed to the cities.)
It was moved by Durant, seconded by Gassman and carried to pass the following resolution.
RESOLUTION 18-20
ADOPTION OF ANNUAL BUDGET FOR MINER COUNTY, SOUTH DAKOTA
WHEREAS, (7-21-5 through 13) SDCL provides that the Board of County Commissioners shall each year prepare a Provisional Budget of all contemplated expenditures and revenues of the County and all its institutions and agencies for such fiscal year, and
WHEREAS, the Board of County Commissioners did prepare a Provisional Budget and cause same to be published by law, and
WHEREAS, due and legal notice has been given to the meeting of the Board of County Commissioners for the consideration of such Provisional Budget and all changes, eliminations, and additions that have been made thereto;
CHANGES FROM THE 2020 PROVISIONAL BUDGET
REVENUE: FROM TO
General Fund
General Cash Applied $1,531,532.37 $1,525,857.00
Tax Levy $2,907,000.00 $ 2,912,675.00
NOW THEREFORE BE IT RESOLVED that such provisional budget as amended and all its purposes, schedules, appropriations, amounts, estimates, and all matters therein set forth SHALL BE APPROVED AND ADOPTED AS THE ANNUAL BUDGET OF THE APPROPRIATION AND EXPENDITURES FOR MINER COUNTY, SOUTH DAKOTA, and all its institutions and agencies for calendar year beginning January 1, 2020, and ending December 31, 2020, and the same is hereby approved and adopted by the Board of County Commissioners of Miner County, South Dakota, this 24th day of September, 2019.
The Annual Budget so adopted is available for public inspection during normal business hours at the office of the county auditor, Miner County, South Dakota. The accompanying taxes are levied by Miner County for the year January 1, 2020, through December 31, 2020.
BOARD OF COUNTY COMMISSIONERS OF MINER COUNTY, SOUTH DAKOTA
Roger Wentland, Chairman
Alex Protsch, Commissioner
Voni Durant, Commissioner
Garrett Gassman, Commissioner
Tom Reisch, Commissioner
Attest: Susan Connor, County Auditor
Highway Superintendent Ron Krempges joined the meeting to review several projects. Plans are to begin the Redstone culvert replacement project within the next week. Krempges made a request to rent an excavator to be used at this project and replacement of culverts on 237th St. Clearwater Township between sections 28 & 33. The board approved his request. He also informed the board that the bridge replacement project at the intersection of 435th Ave. and 235th St. will not be started in 2019. This project will begin in 2020, therefore pushing into 2021 the asphalt overlay (on 435th Ave.) that was scheduled for 2020. With the increased precipitation, Krempges is considering canceling the gravel crushing project for 2019. And hopefully, mowing of county roads will begin within 2 weeks. He also reviewed a few areas of damage due to the flooding of roads within the county.
The board adjourned as a Board of Commissioners and reconvened as a Planning & Zoning Board to review the current zoning ordinance. Todd Kays of First Dist. of Local Govts, Zoning Administrator Tami Severson and David Hattervig and Dale Hanson of the City of Carthage were present for the review. The board completed the review of the ordinance and have scheduled a final review for November 5th at 10:30 at which time the public and commissioners can discuss proposed changes. After the November 5th meeting a public hearing will be advertised and held to start the formal adoption process. The board reconvened as a Board of Commissioners.
John Bruner, Clint Hoyer, Dale Hoyer and Jane Hoyer joined the meeting to discuss flooding issues in the NE corner of Miner County. Also, present included Miner County DOE Tami Severson, Emergency Manager Kent Terwilliger and Highway Superintendent Ron Krempges. John Bruner stated that the natural flow of water cannot be obstructed. Bruner’s opinion is that 223rd St. & 224th St. are obstructing the flow of water. He would like to see larger box culverts installed on 223rd St.(county road #4) along with larger culverts placed in 224th St. Mr. Bruner stated that his loss of grazing this year has amounted to $30,000 and that nothing has been done for 30 years to alleviate this problem. Bruner made the following requests:
1. the County install larger box culverts on 223rd St. and larger culverts on (Belleview Township road) 224th St.
2. from the county he receives reparations for lost income for the past 37 years
3. the county fix the roads to allow safe travel.
Bruner stated that if these requests are not met by the county, he would contact a Water Rights Attorney and start a class action lawsuit against the county.
Clint Hoyer addressed the flow of the water between 223rd and 224th Streets and encouraged the board to work on a hydraulic study to come up with a solution. Wentland stated the county could not do any improvements without the State Water Board’s approval.
Having no further business, the meeting adjourned until October 1st. Dated this 24th day of September 2019.
Roger Wentland, Chairman
Miner County Board of Commissioners
Attest: Susan Connor, Miner County Auditor