June 15, 2021
The Miner County Board of Commissioners met in regular session June 15, 2021 in the Miner County 4-H Exhibit Hall. Members present: Alex Protsch, Tom Reisch, Kathy Faber, Garrett Gassman, and Roger Wentland. Absent: none. The flag pledge was recited. Tami Severson and Kent Terwilliger were also in attendance. Motion by Gassman, seconded by Faber and carried to approve the agenda.
The minutes of the June 1st meeting were approved.
No persons appeared for Public Comment.
The following correspondence was received: SD Dept. of Agriculture-return of the Durango, LLC & Silverton, LLC permit applications.
It was moved by Wentland, seconded by Reisch and carried to authorize the auditor to pay the following claims: Alliance $150.00, Santel $55.12, Triotel $169.53 911 CHARGES; KJAM-FM $864.00, Saga Communications $1,300.00 ADVERTISING; Sanford Health $2,441.00 AUTOPSY; ICAP $691.67 COMMUNITY ACTION PMT; Ulteig $2,565.72 CONTRACTED MAINTENANCE; Decastro Law Office $705.30 COURT APPT ATTY; SDVSOA $50.00, SD Emergency Mgt Assn $30.00 DUES; Central Electric Coop $78.26, Xcel $11.92 ELECTRICITY; Northern Truck Equipment $47,689.00 EQUIPMENT; Cardmember Services $315.03, HFCA $10,090.49, Safety Kleen $400.00 FUEL; Community Counseling Service $7,000.00, Miner Co Conservation Dist. $7,000.00 GRANTS; Emergency Safety Education $113.61 IN SERVICE EDUCATION; Miner Insurance Agency $138.00 INSURANCE; Chester Murtha $25.00 MEMORIAL DAY SPEAKER; Mark Neises $315.00 MOWING; Beadle Co Sheriff $800.00, Lake Co Sheriff $600.00 PRISONER CARE; Architecture Incorporated $2,850.00, Puetz Design + Build $4,995.50 PROFESSIONAL SERVICE; Miner County Pioneer $476.37 PUBLISHING; Aramark $289.86, Microfilm Imaging $385.00, Miedema Sanitation $300.00, Miner Co Historical Society $2,000.00, USPS $92.00 RENT; Dakota Fluid Power $538.82, Graham Tire $653.24, HFCA $82.39, Klinkhammer Plumbing $147.64, Office Peeps $166.97, Sturdevant’s $64.47, Transource $132.00, Ultra $1,162.25, Winker Trenching $1,004.00 REPAIRS; Canova Service Center $158.11, Homestead Building Supply $34.26, Runnings $488.93, Spencer Quarries $378.48, Stan Houston Equipment $27.00, Tom’s Hardware $1.43 ROAD MATERIALS; Relx, Inc. $149.00 SUBSCRIPTION; C&R Supply $278.04, Dawson Construction $90.41, Dust-Tex $247.38, Rob Eggert $61.15, Fox Promo $142.10, Gall’s $130.78, Home Service Water Conditioning $28.60, Homestead Building Supply $127.00, HFCA $4,241.50, Lake Co International $107.08, Mac’s Inc. $253.91, McLeod’s Printing $49.23, Office Peeps $1,309.55, Puthoff Repair $629.00, RDO Equipment $1,047.11, Rusty’s $37.39, Sturdevant’s $424.94, Tom’s Hardware $64.70, Transource $119.28, Ultra $78.00, USPS $518.00, Wheelco $21.66 SUPPLIES; Alliance $979.12, AT&T $53.69, Century Link $15.93, Verizon $80.18 TELEPHONE; Cardmember Services $240.00, Denise Gassman $12.60, Governor’s Inn $154.00, Josh Hahn $194.00, HFCA $19.35, Gibi Page $13.44, SDVSOA $50.00, SD Emergency Mgt Assn $65.00 TRAVEL.
It was moved by Wentland and seconded by Gassman to adopt the following resolution.
WHEREAS, due to extreme drought conditions prevalent in Miner County and due to recent high temperatures, a fire danger emergency now exists within Miner County, South Dakota,
NOW THEREFORE BE IT RESOLVED BY THE MINER COUNTY BOARD OF COMMISSIONERS that a Fire Danger Emergency is hereby declared and until this resolution be otherwise rescinded by the Miner County Board of Commissioners, all open burning as defined in Ordinance 06-01, is hereby prohibited within the boundaries of Miner County, South Dakota, exclusive of any incorporated municipality within the County, and
BE IT FURTHER RESOLVED that this resolution is declared to be necessary for the immediate preservation of the public safety in accordance with the provisions of SDCL 7-18A-8 and is effective immediately and shall continue in force and affect until rescinded by the Miner County Board of Commissioners.
Voting aye: Wentland, Faber, Reisch, Gassman and Protsch. Voting nay: none.
Resolution approved this 15th day of June, 2021.
Alex Protsch, Chairman
Miner County Board of Commissioners
Attest: Susan Connor, Miner County Auditor
A public hearing was held as advertised to consider the transfer application for on-sale liquor license to operate outside of a municipality for the 2021 licensing period located in Lot 1 of Lot 3 of SW ¼, Epiphany 34-105-57, Rock Creek Township. Existing license: Sandy Scheuren-Coonhunter Inn – Transfer to: David Derschan-Epiphany Bar LLC. No persons appeared in opposition or in favor of granting the transfer. It was moved by Reisch, seconded by Wentland and carried approve the transfer to David Derschan-Epiphany Bar LLC for the 2021 operating period.
A public hearing was held as advertised to consider the application for off-sale liquor license to operate outside of a municipality for the 2021 licensing period located in Lot 1 of Lot 3 of SW ¼, Epiphany 34-105-57, Rock Creek Township owner David Derschan-Epiphany Bar LLC. No persons appeared in opposition or in favor of granting the off-sale liquor license. It was moved by Faber, seconded by Gassman and carried approve the off-sale liquor license to David Derschan-Epiphany Bar LLC for the 2021 operating period.
Director of Equalization Tami Severson requested a level raise for Darcy Laible. It was moved by Wentland, seconded by Gassman and carried to approve the level change (Level 7 to Level 8) for Darcy Laible effective the June payroll. Severson gave a brief explanation of the implementation of new soils calculations that have currently been put on hold by the Department of Revenue.
It was moved by Gassman, seconded by Reisch and carried to authorize the chairman to sign the agreement with the SD Department of Health for WIC services.
Commissioners briefly discussed the proposed 2022 budget.
The second reading of Ordinance 2021-01 A TEMPORARY ORDINANCE REGARDING THE ISSUANCE OF LOCAL MEDICAL CANNABIS ESTABLISHMENT PERMITS AND/OR LICENSES was held. It was moved by Wentland, seconded by Faber and carried unanimously to adopt the following ordinance:
A TEMPORARY ORDINANCE REGARDING THE ISSUANCE OF LOCAL MEDICAL CANNABIS ESTABLISHMENT PERMITS AND/OR LICENSES.
WHEREAS, a local government may enact an ordinance not in conflict with SDCL Chapter 34-20G, governing the time, place, manner, and number of medical cannabis establishments in the locality. A local government may establish civil penalties for violation of an ordinance governing the time, place, and manner of a medical cannabis establishment that may operate in the locality. A local government may require a medical cannabis establishment to obtain a local license, zoning permit, or registration to operate, and may charge a reasonable fee for the local license, zoning permit, or registration.
WHEREAS, Miner County, SD makes a preliminary finding that the County’s current regulations and controls may not adequately address the unique needs and impacts of medical cannabis establishments as defined in SDCL 34-20G-1;
WHEREAS, medical cannabis state laws under SDCL 34-20G are effective July 1, 2021. The South Dakota Department of Health shall promulgate rules pursuant to chapter 1-26 not later than October 29, 2021, as defined by SDCL 34-20G-72. During the time between July 1, 2021 and potentially as late as October 29, 2021, local units of government will not yet know standards for medical cannabis and will not be able to adequately assess the local zoning and licensing requirements necessary to approve local permits and to better ensure applicants have a more predictable permitting process and avoid stranded investments.
WHEREAS, the County makes a preliminary finding that the County needs further study of the relationship of medical cannabis establishments to the County Comprehensive Plan and Zoning Ordinance. The public interest requires that the County study, analyze, and evaluate the impacts of medical cannabis establishments and to fully explore the impacts of any proposed regulations regarding medical cannabis establishments;
WHEREAS, the County makes a preliminary finding that it would be inappropriate for the County to issue a local permit or license to a medical cannabis establishment prior to the South Dakota Department of Health’s promulgation of regulations governing the same;
WHEREAS, the County hereby exercises its authority under SDCL 11-2-10 and SDCL 7-18A-8, to establish a temporary ordinance regarding the issuance of any local permits/licenses for medical cannabis establishments within the County;
WHEREAS, a temporary ordinance will ensure that more comprehensive zoning ordinance and building permit changes, licensing permits, and any proposed amendments to the County’s Comprehensive Plan can be completely examined with adequate public input from citizens, business interests, and medical cannabis industry representatives;
WHEREAS, the County finds that a temporary ordinance is reasonable to preserve the status quo and prevent significant investment pending the outcome of the above study and any proposed regulations emanating therefrom;
WHEREAS, the County finds that the following ordinance is necessary to protect and immediately preserve the public health, safety, welfare, peace and support of the county government and its existing public institutions;
NOW, THEREFORE, BE IT ORDAINED BY Miner County, SD:
Section 1. Temporary Ordinance – Application for Local Permit/License
A medical cannabis establishment desiring to operate in the County shall be required to apply for a permit and/or license from the County. Applications for a local permit and/or license to operate a medical cannabis establishment, as defined by SDCL 34-20G-1, shall not be accepted until the South Dakota Department of Health has promulgated regulations as required by SDCL 34-20G-72. Any application received prior to such regulations being promulgated shall be denied.
Section 2. Immediate Effect.
This ordinance is necessary to protect and immediately preserve the public health, safety, welfare, peace, and support of the county government and its existing public institutions pursuant to SDCL 11-2-10 and SDCL 7-18A-8.
County Commissioner Chair
ATTEST: Susan Connor
Sheriff Eggert joined the meeting to request an additional $500 be added to Deputy Josh Hahn’s salary as he has completed law enforcement training and in now a certified officer in the State of SD. It was moved by Wentland, seconded by Faber and carried to increase Deputy Hahn’s salary to $41,000. Eggert also made a request to increase Clary’s, Hahn’s and Schwader’s salaries by $3000. The board took no action on his request and instructed Eggert to place additional wage increase requests into his 2022 budget. Further discussion on wages will take place at the July 6th meeting. Eggert also reported of the hiring of a part-time deputy. Mike Jenkins has started in this position. Jenkins is also a full-time deputy in Kingsbury County.
Highway Superintendent Krempges reported on asphalt patching in Kingsbury County, chip sealing schedule, mowing and grant applications. True North Steel has made a request to adjust its contracted price on steel culverts due to the increase in the price of steel. Other counties who are using this contract are researching the legalities of such a request.
Extension clerical Brittany Yanish updated the board as to the timeline for SDSU’s hiring of a 4H Youth Advisor for Miner County. Interviews will be held on June 24th. Reisch will represent the county on the interview board. Yanish also reported on correspondence from SDSU informing the county that its request has been approved for SDSU to share in the cost of hiring a 4H Youth Advisor. SDSU will pay ¼ the cost of Miner County’s share, amounting in approximately a $13,000 savings to the county. Yanish made a request to be compensated for the additional work she has been completing due to the absence of an advisor. The board took no action and placed the matter on the July 6th agenda. She also informed the commission that she will be above the maximum allowable compensatory time due to various 4H activities she will be required to supervise.
Weed Supervisor Kent Terwilliger made a request for an appointment to fill the vacancy on the weed board. It was moved by Wentland, seconded by Reisch and carried to appoint to the Weed Board, Kim Lewis, to fill the term (NW Area) until December 31, 2022.
Auditor Connor informed the board of law book cases and books that will need to be moved out of the south east room on the 3rd floor of the courthouse. Alex and Susan will work to get this project completed.
Ambulance manager Cora Schwader along with ambulance board members Gibi Page, Lanny Klinkhammer, Jodi Becker, Kari Jo Carlson and Mike Connor presented information on the staffing issues with the ambulance service. In 2020, an EMT class was offered. Participants have had difficulty completing the licensing requirements due to COVID. As of this date, one participant has become licensed. The board will be offering an EVOC driving class for community members. Members who successfully complete the 2-day course will be eligible to drive the ambulance. Utilizing EVOC drivers helps alleviate some of the staffing issues. A third full time EMT has been hired. Danielle Werkmeister will begin serving as an EMT the week of June 21st. It was moved by Reisch, seconded by Gassman and carried to start the 3rd full time on call EMT position at $26,761 increasing at 1 year anniversary to 96% of the highest EMT salary (currently $29,088) and at 2-year anniversary to the highest EMT salary.
It was moved by Faber, seconded by Gassman and carried to enter into executive session (SDCL 1-25-2 (1) & (3) at 11:23. Returned to regular session at 11:39. No action was taken.
Kyle Higgens of Puetz Design + Build presented an update on the construction progress and a change order. After the excavation and seeing the amount of ground water, it is recommended to upgrade to a two-pump system. It was moved by Wentland, seconded by Gassman and carried unanimously to approve the change order #002 in the amount of $6,134.42 installing a two-pump system. Higgens also reviewed the condition of the lintels located on the north side of the building. The structural engineer’s report that was completed prior to the project indicated no structural issues with the lintels. It is recommended to remove the rusting and repaint the lintels.
Having no further business, the meeting adjourned until July 6th. Dated this 15th day of June, 2021.
Alex Protsch, Chairman
Miner County Board of Commissioners
Attest: Susan Connor, Miner County Auditor