September 22, 2020
The Miner County Board of Commissioners met in regular session September 22, 2020 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 Durant, seconded by Gassman and carried to approve the agenda as amended.
No conflict of interest was declared. The minutes of the September 1st meeting were approved.
The following correspondence was received: East Dakota Water Development District August 20th meeting minutes and SD Dept. of Veterans Affairs approval of Timothy A. Reisch’s appointment as Miner County’s Veterans Services Officer.
No one appeared for public comment.
Jay Gilbertson of East Dakota Water Development reported to the auditor that the clean out of the outlet of Lake Thompson in section 25 of Belleview township was completed by the 4-Lake Association. This took place on September 3rd and 4th. Once the clean out was completed no effect on the flow of water was recorded by the monitoring system.
It was moved by Protsch, seconded by Reisch and carried to authorize the auditor to pay the following claims: Alliance $150.00, Santel $55.12, Triotel $173.53 911 CHARGES; Gary Snow & Associates $1,765.00
ASBESTOS BUILDING INSPECTION; Horizon Health Care $100.00 BLOOD DRAW; Puetz Design + Build $3,750.00 BUILDING PROJECT; ICAP $674.75 COMMUNITY ACTION PAYMENT; SD DOT $1,321.77 CONTRACTED MAINTENANCE; SD Office of Child & Family Services $1,602.64 CO NURSE PMT TO STATE; Lammers, Kleibacker & Dawson $1,223.10 COURT APPT ATTY; Xcel Energy $9.37 ELECTRIC SERVICE; Office Peeps $2,495.00, Ultra $850.00 EQUIPMENT; HFCA $7,909.47, Wingen’s Garage $159.50 FUEL; Miner Insurance Agency $134.00 INSURANCE; Co Employee $230.79 INSURANCE REIMBURSEMENT; Office Peeps $54.36, Sturdevant’s $62.00, Ultra $380.00, Window Products $1,281.95 PANDEMIC SUPPLIES; Miner Co Treasurer $173.29 POSTAGE; Lake Co Sheriff Office $300.00 PRISONER CARE; Miner County Pioneer $588.05 PUBLISHING; A-Ox Welding Supply $185.95, Aramark $266.98, Diesel Machinery $6,000.00 RENT; Graham Tire $335.18, HFCA $193.35, Infotech Solutions $31.25, Marshall & Swift/Boeckh $4,138.05, Microfilm Imaging Systems $108.00, Office Peeps $265.88, S&S Contracting $180.61, Ultra $1,072.25 REPAIRS; Forterra $1,946.00, Jebro $133,840.78, Spencer Quarries $3,025.31, TrueNorth Steel $7,373.00 ROAD MATERIALS; Relx Inc. $149.00 SUBSCRIPTION; Butler Machinery $185.86, Cardmember Services $38.34, Mike Clary $99.99, Diamond Mowers $359.70, ES&S $707.55, Home Service Water $34.00, Homestead $3.49, I-State Truck Center $78.78, Krug Products $603.52, McLeod’s $746.48, Miner Co Treasurer $179.90, Northern Truck Equipment $2,030.60, Office Peeps $638.30, Tim Reisch $126.23, Rusty’s $228.37, Sturdevant’s $257.39, Tom’s $7.98, Ultra $78.00, VistraPrint $75.94, Wheelco $772.59 SUPPLIES; Alliance $909.68, Verizon $84.86 TELEPHONE; Best Western Plus Ramkota $249.98, Susan Connor $118.24, Maria Feldhaus $815.26, HFCA $31.13, Karla Neises $75.44, SD LTAP $100.00, Kent Terwilliger $906.44 TRAVEL.
Joining the meeting included Director of Equalization Tami Severson and Highway Clerk Amie Kidd.
It was moved by Reisch, seconded by Gassman and carried to approve the quote for courtroom sound system updates from Mood Media, $14,909.39.
ANNUAL BUDGET FOR MINER COUNTY, SD
For the year January 1, 2021, to December 31, 2021
Tax Levy in Tax Levy in
COUNTY TAX LEVIES
WITHIN LIMITED LEVY:
County Purposes (SDCL 10-12-9) $2,971,299.00 3.767
(Includes $5,510 to be distributed to the cities.)
It was moved by Reisch seconded by Gassman and carried to pass the following resolution.
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 2021 PROVISIONAL BUDGET
REVENUE: FROM TO
General Cash Applied $1,252,509.47 $1,252,210.47
Tax Levy $2,971,000.00 $ 2,971,299.00
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, 2021, and ending December 31, 2021, and the same is hereby approved and adopted by the Board of County Commissioners of Miner County, South Dakota, this 22nd day of September, 2020.
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, 2021, through December 31, 2021.
BOARD OF COUNTY COMMISSIONERS OF MINER COUNTY, SOUTH DAKOTA
Roger Wentland, Chairman
Alex Protsch, Commissioner
Tom Reisch, Commissioner
Lavonne Durant, Commissioner
Garrett Gassman, Commissioner
Attest: Susan Connor, County Auditor
It was moved by Durant seconded by Gassman and carried that certain county equipment be declared no longer necessary, useful or suitable for the purpose for which it was acquired and that said property be sold or disposed of as follows: 2002 Chevrolet 1500 extended cab pickup, 2008 Chevy 2500 4 x4 crew cab pickup, 1978 Load King tandem axle belly dump trailer, 1989 Ford 7710 tractor, Raygo 400A steel face packer, 1988 GMC/Roscoe used oil distributor, 1991 Hyster C766 steel face packer, Epson FX 2190 copier, HP Office Jet G55X1 printer scanner, Acer monitor, HP Desk Jet 3420, three HP 6000P computer, Dell Inspiron computer, HP Deskjet 450 printer, HP Photosmart printer, Perfection 4490 photo scanner, APC power supply, Power Shot digital camera, ProBook 4520 laptop, Laser Jet CM2320 printer, HP 8300 computer, two HP Elitebook laptop, Elite Desk 800 computer, two Elite E221 monitors, Epson LQ 1170 printer, NEC 15” monitor, two 17” monitors, HP Computer, 8200E computer, two computers, HP P3015DN printer, HB CD Laser Jet printer, Gateway computer & monitor, Nook simple reader, cellphone, GE Phoenix radio, 16 channel VHF radio, hand held radios, EF Johnson radios, Olympus C-4000 digital camera, law manual, Police Civil Liability books, Hard Drive Central computer, Dell laptop, siren, four Vision Express computer, CLR LaserJet Pro printer, Olympus FE digital camera, D531 laptop, Epson LQ 1170 printer, Pentium IV computer, two 19” monitor, Documate 252 scanner, Brother printer, Intel Pentium E4600 computer, HP 6000 computer, Canon Dr-3010C scanner, HP Laser printer, Zebra label writer, HP Compaq computer, HP6715b laptop, four HP computers, battery backups, Office Jet Pro printer, and other uninventoried property as the department heads deem it advisable to dispose of.
Due to the resignation of Robert Peterson as a Miner County Weed Board member, it was moved by Gassman, seconded by Durant and carried to appoint Wyatt Walter to the Miner County Weed Board representing the southwest area of Miner County. Walter’s term will expire on December 31, 2020.
The board adjourned as a Board of Commissioners and reconvened as a Planning & Zoning Board acting as the Board of Adjustments. Chairman Protsch called the meeting to order. A hearing was held, as advertised, to consider an application for a variance from the zoning ordinance from Wolf Living Trust (Gary Wolf) to plat a parcel at approximately 3.15 acres which is smaller than current zoning allows and will also be a 5th non-farm dwelling (current zoning allows for 4 dwellings per quarter). The parcel would be platted out of the property described as E2NE4 Exc Lot 1 & Exc Lt1 Wolf’s Add & Exc Lt1 Wolf’s 2nd Add & Exc Tract A of Wolf’s Third Add & Exc Lt1 Wolf’s 4th & Exc Lot 1 Wolf’s 5th Add of Section 14, T106N, R56W, Howard Township, Miner County, South Dakota.
Gary Wolf informed the board that he had been contacted by an individual about purchasing the proposed acres. This parcel sits in between 2 platted areas with non-farm dwellings. There is an approach to access the proposed platted acres. Wolf stated that this area is too small to be farmed and therefore would like to plat it for possible sale.
Auditor Connor distributed a copy of a letter written in objection to the variance. Brenda Reisch, an adjoining landowner, voiced an objection to allow the platting of the 3.15 acres and to allow for a 5th non-farm dwelling, both of which are in non-compliance with the current zoning ordinance.
Following consideration of oral testimony in support of the application and of written testimony against, it was moved by Wentland and seconded by Durant 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 )
WOLF LIVING TRUST FOR A VARIANCE )
That the applicant, Wolf Living Trust (Gary Wolf) has made an application for a variance to plat a parcel at approximately 3.15 acres which is smaller than current zoning allows and will also be a 5th non-farm dwelling (current zoning allows for 4 dwellings per quarter). The parcel would be platted out of the property described as E2NE4 Exc Lot 1 & Exc Lt1 Wolf’s Add & Exc Lt1 Wolf’s 2nd Add & Exc Tract A of Wolf’s Third Add & Exc Lt1 Wolf’s 4th & Exc Lot 1 Wolf’s 5th Add of Section 14, T106N, R56W, Howard Township, Miner County, South Dakota and that he is the owner of record thereof.
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.
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.
That hearing upon said application was held on September 22, 2020, in the Commission Room of the Miner County Courthouse.
That applicant, Gary Wolf appeared in person.
That no person appeared in objection to granting the variance.
That written correspondence was received from Brenda Reisch objecting to granting this variance.
That a presentation in support of said variance and testimony on behalf of said 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 Wolf Living Trust for a variance be approved to allow platting a parcel at approximately 3.15 acres which is smaller than current zoning allows and allowing for a 5th non-farm dwelling which is more than current zoning allows 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.
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 22nd day of September 2020.
Alex Protsch, Chairman
Miner County Board of Adjustment
Attest: Susan Connor, Secretary
The board adjourned as a Planning & Zoning Board and reconvened as a Board of Commissioners.
Highway worker Logan Calmus joined the meeting. The board discussed issues with COVID leave policy. The board had previously instructed each department head to deal with employees and their possible exposures. After review of issues surrounding Miner County’s COVID leave, it was moved by Reisch, seconded by Gassman and carried to adopt the following guidelines:
1. Any employee who has had direct contact (as defined by the CDC) with a non-household individual that has tested positive for COVID19 shall not report to workfor 7 days from which the contact occurred. If the employee is symptom free after 7 days, the employee may return to work.
2. If an employee or a household member tests positive for COVID19, the employee shall follow CDC guidelines and/or quarantine for 14 days not returning to work until cleared by the SD Dept. of Health.
3. If an employee is in direct contact (as defined by the CDC) with an individual who has symptoms and is waiting for COVID19 test results, the employee shall not return to work until test results are received providing those results are negative.
4. Employee shall be paid for COVID leave as follows:
9 or 10 hrs/day (depending on season) Highway workers;
8 hrs/day Emergency Mgt./Weed Supervisor; Director of 911 & Dispatch Services; custodian; Deputy ROD/Ambulance Billing Mgr/Welfare Director; Director of Equalization; Sheriff Deputies
7 hrs/day full-time clerical;
Scheduled hours Dispatchers; part-time clerical; full time EMT’s; Vet Service Officer
5. Highway workers who utilized COVID leave and were paid for 8 hours per day shall be reimbursed up to 10 hours per day.
Highway Superintendent Ron Krempges joined the meeting telephonically. The public meeting for consideration of the Miner County 5 Year Highway Plan was held as advertised. Those present included all five Miner County Commissioners, Highway Superintendent Ron Krempges, and Auditor Susan Connor. Information will be forwarded to First District of Local Govts. for the final plan that will be considered for adoption at the October 6th commission meeting.
Director of Equalization Tami Severson presented the following plat for consideration. Also present was Shane Davids. It was moved by Gassman and seconded by Durant to adopt the following resolution.
BE IT RESOLVED by the Board of County Commissioners of Miner County, South Dakota, the plat of “DAVIDS LOT 5A” a replat of Lot 5 of the SE ¼ of Section 4, Twp. 108 North, Rge. 58 West of the 5th Principal Meridian, and a part of the SE ¼ of Section 4, Twp. 106 North, Rge. 58 West of the 5th Principal Meridian, Miner County, South Dakota, as described above and drawn hereon be approved and accepted and the Auditor hereby is instructed to endorse on such plat a copy of this resolution and to certify the same.
Voting aye: Protsch, Durant, Gassman, Reisch and Wentland. Voting nay: none. Resolution adopted this 22nd day of September 2020.
Roger Wentland, Chairman
Miner County Board of Commissioners
Attest: Susan Connor, Miner County Auditor
Welfare Director Gibi Page and Deputy State’s Attorney Kristian Ellendorf joined the meeting to present Poor Relief case 20-02. Ellendorf was instructed to make an offer to Avera to settle the case.
It was moved by Gassman, seconded by Durant and carried to enter into executive session (SDCL 1-25-2 (1)) at 11:23. Also present included Ellendorf and Auditor Connor. The board returned to regular session at 11:30.
The board acknowledged receipt of correspondence from an applicant for the Veteran’s Service Officers position.
Jim Weber of Puetz Design + Build joined the meeting to review information on the proposed county courthouse project. Weber explained the role of a construction manager at risk that may be utilized for a project of this magnitude. SDCL 5-18B-15 states: No person, firm or corporation may act as architect or engineer and also as contractor or construction manager on any public improvement project when the amount expended will exceed $100,000. Therefore, Puetz Design + Build can not act as architect and construction manager on this project. After discussion the board instructed Puetz to provide a list of architects so the board may choose an architect through interviews.
On August 28, 2020, the IRS issued guidance on the payroll tax deferral that was ordered by President Donald Trump in a presidential memorandum (Notice 2020-65) on August 8th. The notice allows employers to defer withholding on affected employees’ compensation from September 1, 2020 through December 31, 2020 and then withhold those deferred amounts during the first four months of 2021. This tax is not forgiven-it is deferred. It was moved by Durant, seconded by Protsch and carried to NOT defer payroll taxes.
. Commissioners reviewed the Asbestos Inspection Report. Asbestos was found in the floor tiles and the pipe insulation & joints of the heating system. The structural engineer’s report revealed in general, the building structural condition is good. There are areas that have cracking and deterioration that are recommended to be addressed to keep the structure in good condition. Areas of concern include: moisture infiltration into the basement; repair the structural masonry wall; tuckpoint the exterior veneer; and maintain the exterior lintels. The entire report and the structural engineer’s report are available for inspection in the auditor’s office.
Having no further business, the meeting adjourned to October 6th. Dated this 22nd day of September, 2020.
Roger Wentland, Chairman
Miner County Board of Commissioners
Attest: Susan Connor, Miner County Auditor