January 21, 2020
The Miner County Board of Commissioners met in regular session January 21, 2020 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 Durant, seconded by Gassman and carried to approve the agenda. The minutes of the January 7th meeting were approved. No person appeared for Public Comment and no conflict of interest was declared.
The following correspondence was received: Miner County Sheriff & Dispatch Service November reports.
It was moved by Protsch, seconded by Reisch and carried to authorize the auditor to pay the following claims: CLAIMS ALLOWED: Helpline Center $512.50 211 ANNUAL FEE; Triotel $169.53 911 CHARGES; SD Dept. of Health Lab Service $180.00 BLOOD DRAW; ICAP $1,174.75 COMMUNITY ACTION PAYMENT; IAAO $220.00, SD Assn of Assessing Officers $150.00 DUES; Central Electric Coop $62.30 ELECTRICITY; Butler Machinery $347,700.00 EQUIPMENT; Cardmember Services $83.88, HFCA $210.03, Sturdevant’s $55.67, Wingen’s Garage $885.50 FUEL; Lifequest $2,500.00 GRANT; Minnehaha Co Regional $230.00 JUVENILE DETENTION; Lewis Drug $4.15 PRISONER MEDICATION; Avera Occupational Medicine $79.60, First District Assn of Local Govts. $7,000.00 PROFESSIONAL SERVICES; Aramark $125.34, Judy Calmus $350.00 RENT; Axon Enterprise $150.00, Cummins Sales $314.26, DWare $3,050.00, First District Assn of Local Govts. $3,500.00 REPAIRS; Tom’s Hardware $5.98 ROAD MATERIALS; Butler Machinery $24.08, I-State Truck Center $32.07, Puthoff Repair $170.00, Rusty’s $13.98, Sturdevant’s $423.22, Wheelco $41.13 SUPPLIES; Alliance $34.95 TELEPHONE; SD Dept. of Public Safety $2,340.00 TELETYPE; $2,023.04 JURY FEES & MILEAGE.
It was moved by Gassman, seconded by Durant and carried to approve the request of Agtegra Cooperative to permit the landing of aircraft on Miner County highways as authorized in SDCL 50-2-2.1 with Agtegra Cooperative assuming all liability when using said roads.
It was moved by Gassman, seconded by Protsch and carried to appoint Larry Gauger as the At-Large Position to the First District of Local Govts. Board.
Director of Equalization Tami Severson joined the meeting to present the 2020 agreement with First District for GIS services. It was moved by Gassman, seconded by Durant and carried to approve the agreements with First District of Local Govts for GIS services.
Peutz Design Build’s facilities study agreement was considered. This agreement would provide cost estimates for repairing and upgrading the current courthouse building. Peutz would hire mechanical and electrical engineers to complete the study. Jim Weber of Peutz Design Build suggested completing this study before proceeding with an agreement for designing & construction cost of a new facility. It was moved by Protsch, seconded by Reisch and carried to authorize Chairman Wentland to sign the agreement with Peutz Design Build for a facilities study at the cost of $12,500.
Sheriff Rob Eggert requested that 3 AED’s within his department be declared surplus and donated to fire departments. It was moved by Durant, seconded by Gassman and carried to declare 3 AED’s as surplus and donate to the Canova, Carthage and Fedora Fire Departments.
Eggert also made a request for a portion on the $20,000 donation that was received from Dakota Access for first responder groups. Eggert requested $13,200 of the grant funds to purchase 3 digital radios for the sheriff’s department as he stated the current radios will be obsolete in a couple years. Currently Eggert’s radio within his vehicle is in need of repair. Wentland asked if other first responders would also need to upgrade to digital radios. Eggert stated that those entities could still operate on the analog radios. Emergency Management Director Kent Terwilliger reported he has received several calls from different first responder groups within Miner County inquiring about receiving a portion of the grant. Terwilliger suggested that the funds should be split equally among the first responder groups. Terwilliger offered to give the sheriff’s department an extra radio located within his department and then apply for Homeland Security Funds to purchase digital radios for the sheriff’s department. It was moved by Gassman, seconded by Reisch and carried to divide the Dakota Access $20,000 grant funds as follows: $2500 each to fire departments in Howard, Carthage, Canova and Fedora; Miner County & Carthage Ambulances; Miner County Sheriff’s Department; and Miner County Emergency Management.
It was moved by Protsch, seconded by Durant and carried to enter into the following 2020 prisoner housing agreements: Davison County Jail $95/day and Charles Mix Jail $60/day.
At the request of Highway Superintendent Ron Krempges, it was moved by Gassman, seconded by Durant and carried to declare the 2009 140M motor grader as surplus and advertise for sale by sealed bids. Krempges requested the following resolutions be adopted.
It was moved by Gassman and seconded by Durant to adopt the following resolution.
RESOLUTION 20-05
WHEREAS, excessive loads can be detrimental to our highways, and
WHEREAS, the Miner County Board of Commissioners desires to protect existing Miner County Highways, ultimately saving tax dollars and,
WHEREAS, the Miner County Board of Commissioners desire the enforcement of weight limitations on Miner County Roads as set forth and posted by the Miner County Highway Superintendent
NOW THEREFORE BE IT RESOLVED, that the limits on Miner County Highways shall be set with South Dakota weight limitations with the exception of 425th Avenue (County Road #17) between 220th Street and 233rd Street (SD Hwy #34) and 421st Avenue (County Road #21) between 233rd street (SD Hwy #34) and 244th Street will be set as 80,000 pounds gross weight for any vehicle or combination of vehicles.
BE IT FURTHER RESOLVED that seasonal spring thaw weight limitations will preside over such weight limitations when signs are in place and displayed and that the SD Highway Patrol be and hereby is authorized and requested to enforce weight limitations on Miner County roads and that the penalty for the violation of the load restrictions shall be set forth in SDCL 32-22-55.
Voting aye: Gassman, Reisch, Protsch, Durant and Wentland. Voting nay: none. Resolution adopted this 21st day of January, 2020.
Roger Wentland, Chairman
Miner County Board of Commissioners
Attest: Susan Connor, Miner County Auditor
It was moved by Gassman, seconded by Durant to adopt the following resolution.
RESOLUTION 19-06
MINER COUNTY WEIGHT LIMIT ENFORCEMENT
WHEREAS, seasonal climatic changes can be detrimental to our highways, and
WHEREAS, the Miner County Board of County Commissioners desires to protect existing Miner County Highways, ultimately saving tax dollars, and
WHEREAS, the Miner County Board of County Commissioners desire the enforcement of weight limitations on Miner County roads as set forth and posted by the Miner County Highway Superintendent
NOW THEREFORE BE IT RESOLVED, the limits on Miner County Highways shall be set at 7 ton per axle/40 ton gross vehicle weight, with the exception of county road 17 (425th Ave.) from Carthage south to SD Hwy #34 and county road 22 (242nd St.) from Canova east to US Hwy #81 shall be 40 ton gross vehicle weight, during spring thaw period and when weight limit signs are in place and that the South Dakota Highway Patrol be and hereby is authorized and requested to enforce weight limitations on Miner County roads.
BE IT FURTHER RESOLVED that the penalty for the violation of the load restrictions shall be set forth in SDCL 32-22.55.
Voting aye: Gassman, Reisch, Protsch, Durant and Wentland. Voting nay: none.
Resolution adopted this 21st day of January, 2020 at Howard, South Dakota.
Roger Wentland, Chairman
Miner County Board of Commissioners
Attest: Susan Connor, Miner County Auditor
Motion by Protsch, seconded by Reisch and carried to authorize the SD Highway Patrol to enforce weight limitations on Miner County roads.
Krempges reported that he has received from the SD DOT a report indicating the amount of federal and state funds allocation for STIP and Highway Infrastructure Program funding programs. Miner County is scheduled to receive $142,276.82.
Todd Kays, Executive Director of First District of Local Governments, John Reisch, and Jonathon Noonan joined the meeting. Kays presented the district’s annual report providing information on work completed within Miner County.
The board adjourned as a board of commissioners and reconvened as a planning and zoning board. Kays presented the study completed by First District revealing the proximity of CAFO’s within 1, 2 and 3 miles of each city within Miner County. Currently in the Miner County Zoning Ordinance those CAFO’s with over 1000 head of animal units must be 1 mile from a municipality and anything 50-999 must be ½ mile from a municipality. The study (of 1000 animal units) showed that by increasing the distance to 2 miles 42 additional existing CAFO’s or CAFO/Residence would be affected. It also shows that by increasing the distance to 3 miles 79 additional existing CAFO’s or CAFO/Residence would be affected. Durant stated she would be happy if the rules would increase the setback to 2 miles. Wentland voiced concern as to preventing ag expansion within the county. Kays gave a rough example of a 10,000 animal unit under current zoning ordinance would need to be approximately 1 2/3 miles from a municipality.
It was moved by Wentland, seconded by Durant and carried to authorize the auditor to advertise for a public hearing to be held on February 18th to review the proposed changes to the current zoning ordinance. The board adjourned as a planning and zoning board and reconvened as a board of commissioners.
Having no further business, the board adjourned until February 4th. Dated this 21st day of January 2020.
Roger Wentland, Chairman
Miner County Board of Commissioners
Attest: Susan Connor, Miner County Auditor