October 5, 2021
The Miner County Board of Commissioners met in regular session October 5, 2021 in the Miner County 4-H Exhibit Hall. Members present: Alex Protsch, Garrett Gassman, Kathy Faber, and Roger Wentland. Absent: Tom Reisch. The flag pledge was recited. Others in attendance during portions of the meeting were Tami Severson, Rob Eggert, Mike Clary, Josh Hahn and Brittany Yanish. Motion by Gassman, seconded by Faber and carried to approve the agenda.
The minutes of the September 21st meeting were approved.
The auditor’s account with the county treasurer showed an October 1, 2021 balance of $5,555,007.26 in all state, county, civil, school and trust accounts.
No person appeared for Public Comment.
The following correspondence was received: Interlakes Community Action-Executive Director Cyndi Dannenbring’s retirement; Veteran Services Officer August & September reports.
COMMISSIONER REPORTS: Commissioner Roger Wentland submitted his resignation as a member of the Board of Commissioners effective October 31, 2021. The board thanked Wentland for his numerous years of service to Miner County. Kathy Faber reported that she had attended the Emergency Management exercise which was held last month in Carthage. Protsch & Wentland, Building Committee members, attended the walk through of the courthouse project to assist in creating the punch list.
It was moved by Gassman, seconded by Wentland and carried to approve the following claims for payment: CLAIMS ALLOWED: Road & Bridge $35,490.29, Wellmark $46,186.52, Delta Dental $1,466.89, Kansas City Life $457.22, Retirement $6,043.15, OASI $8,455.29, Commissioners $4,430.75, Auditor $7,365.75, Treasurer $6,334.75, States Attorney $5,433.50, Govt Building $2,333.50, Director of Equalization $7,497.32, Register of Deeds $6,657.64, Vet Service $893.00, Sheriff $11,254.75, Contract Law $4,511.70, Welfare $472.80, Co Nurse $1,342.00, Ambulance $8,201.84, WIC $91.50, Extension $1,415.20, Weed $1,225.00, Dispatch $11,231.12, Emergency Mgt $2,275.00 SEPT PAYROLL; Jury Members $590.00 JURIES; Jury Members $154.56 TRAVEL; Triotel $167.53 911 CHARGES; SD DOT $2,242.62 CONTRACTED MAINENANCE; Lammers, Kleibacker & Dawson $4,129.00 COURT APPT ATTY; Miner County Treasurer $32.00 DOMESTIC ABUSE ADMIN EXP; Domestic Violence Network $144.00, Mitchell Area Safehouse $144.00 DOMESTIC ABUSE PAY TO OTHERS; Northwestern Energy $37.40 GAS SERVICE; Emergency Safety Education $227.22 IN SERVICE EDUCATION; Fidelity Abstract & Title Co $1,000.00 PROFESSIONAL FEES; Puetz Design+Build $9,214.87 PROFESSIONAL SERVICE; Miner Co Pioneer $926.67 PUBLISHING; Miedema Sanitation $300.00 RENT; Microfilm Imaging Systems $108.00, Puetz Design+Build $200,679.09, Tritech Software Systems $1,365.00, Ultra $1,162.25 REPAIRS; Forterra $520.80, Jebro $520.00 ROAD MATERIALS; Kristian Ellendorf $4,379.76 RURAL ATTY PROGRAM; Kristian Ellendorf $900.00 STATE’S ATTY OFFICE EXPENSE ALLOWANCE; Relx $149.00 SUBSCRIPTION; Dust-Tex $316.92, Fox Promo $75.51, Graham Tire $1,304.00, OAM $53.95,
Rusty’s $60.00, Tami Severson $20.00, Sturdevant’s $6.59, Ultra $78.00, Wireless World $690.97 SUPPLIES; Alliance $1,024.81, Colleen Arens $30.00, AT&T $308.65, Century Link $15.74, Susan Connor $30.00, Tami Severson $30.00 TELEPHONE; Susan Connor $16.80, Ramkota-Pierre $154.00, Ramkota-Rapid City $404.00, Ramkota-Watertown $385.00, Tami Severson $79.80 TRAVEL; City of Howard $1,285.86, Xcel Energy $9.52 UTILITIES.
State’s Attorney Kristian Ellendorf presented information concerning a claim by Chris Nipe Attorney at Law. Ellendorf recommended denial of the claim. It was moved by Gassman, seconded by Wentland and carried under the advisement of the Miner County State’s Attorney, the claim of Chris Nipe Attorney is denied by the Miner County Board of Commissioners.
Mike Clary was presented a plaque for his 14 years of service as deputy sheriff of Miner County. Commissioners voiced their appreciation for his dedicated service to the residents of Miner County.
Sheriff Rob Eggert made a request to increase Josh Hahn’s salary to $46,000/year. He also made the request to implement step increases for the sheriff’s department. The board took no action on the request for step increases. It was moved by Gassman to increase Hahn’s salary to $45,000/yr. Motion died for lack of second. It was moved by Wentland to increase Hahn’s salary to $43,000/year. Seconded by Faber. Voting aye: Wentland, Faber, Gassman and Protsch. Motion carried.
The Victim Witness Coordinator Agreement was presented to the board. Miner County’s annual share for these services will be $2000 in 2022. Motion by Gassman, seconded by Faber and carried unanimously to approve the 2022 agreement with Beadle County for Victim Witness Coordinator services.
Director of Equalization/Zoning Administrator Tami Severson and Auditor Connor presented the Pictometry
(EagleView) contract which provides for ortho and oblique imagery at a Neighborhood level. It was moved by Wentland, seconded by Gassman and carried unanimously to authorize the chairman to sign the agreement with Pictometry (EagleView). Miner County will use American Rescue Plan funds for costs of the project.
Highway Superintendent Ron Krempges reported on a new hire, Domenick Davids. Davids began employment on September 30th. The township meeting for the small structure inventory had most townships represented. The highway department will be completing the inventory for most of the townships. One hundred dollars per culvert will be paid to the entity completing the inspections. Gravel crushing is about ½ complete. He also reported on mowing, gravel hauling and other highway matters.
It was moved by Wentland and seconded by Gassman that the following resolution be adopted.
RESOLUTION 21-22
A RESOLUTION ADOPTING THE MINER COUNTY FIVE-YEAR HIGHWAY AND
BRIDGE IMPROVEMENT PLAN
WHEREAS, the South Dakota Department of Transportation Local Bridge and Improvement Grant Fund requires that in order to be eligible to apply for Bridge Improvement Grant funds, Counties are required to develop a five-year Highway and Bridge Improvement Plan, hereinafter referred to as Plan;
and
WHEREAS, Miner County has utilized the South Dakota Department of Transportation, County Staff, the First District Association of Local Governments, Townships, and the general public in developing the various components of the Plan; and
WHEREAS, the Plan includes maps and lists identifying an inventory of highways and bridges, project needs, and revenue sources; and
WHEREAS, Miner County held a public meeting on September 7, 2021, to solicit input into the Plan, and the citizens who attended expressed an interest in the Plan; and
WHEREAS, the County will be able to use the Plan as a tool to budget for transportation enhancements and better coordinate transportation issues with other entities;
NOW, THEREFORE, BE IT RESOLVED BY THE MINER COUNTY BOARD OF COUNTY COMMISSIONERS THAT THE MINER COUNTY FIVE-YEAR HIGHWAY AND BRIDGE IMPROVEMENT PLAN IS HEREBY ADOPTED AND IS RECOGNIZED AS THE HIGHWAY AND BRIDGE IMPROVEMENT PLAN FOR MINER COUNTY.
Voting aye: Wentland, Faber, Gassman and Protsch. Voting nay: none. Dated at Miner, South Dakota this 5th of October, 2021.
Alex Protsch Chairman, Miner County Board of Commissioners
Attest: Susan Connor, Miner County Auditor
With the new HVAC system needing maintenance and on-site trouble shooting, the commissioners appointed Tami Severson, Rebecca Mommaerts and Susan Connor as individuals in charge of the HVAC system. It was moved by Wentland, seconded by Faber to give a stipend of $75/month to these individuals for overseeing the HVAC system.
It was moved by Faber, seconded by Wentland and carried to adjourn as a Board of Commissioners and reconvene as a Planning Commission acting as the Board of Adjustments. Gassman took the chair.
A hearing was held as advertised to consider an application for a variance from the zoning ordinance from Cody Lefdal/Gary & Terry Stangohr for moving in a 17’x 24’ garage closer to the road than current zoning allows on a parcel owned by Terry/Diane & Gary/Mary Stangohr in the Southwest (SW) ¼ of Section 22, T106N, R56W, Howard Township, Miner County, South Dakota. Present for the hearing were Zoning Administrator Tami Severson, Cody Lefdal, Mike Clary and Rob Eggert.
Motion by Protsch and seconded by Faber that the Findings that follow 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
CODY LEFDAL/GARY & TERRY STANGOHR
FOR A VARIANCE )
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FINDINGS
I
That the applicant, Cody Lefdal/Gary & Terry Stangohr, have made an application for a variance to move in a 17’ x 24’ garage closer to the road than current zoning allows in the Southwest (SW) ¼ of Section 22, T106N, R56W, Howard Township, in Miner County, South Dakota, and that Gary & Terry Stangohr 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 he has 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 October 5, 2021, in the 4-H Exhibit Hall.
V
That applicant Cody Lefdal appeared in person.
VI
That no other persons appeared in opposition.
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 regarding concerns for 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 Cody Lefdal/Gary & Terry Stangohr for a variance be approved to allow moving the garage closer to the road 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.
VIII
That the Board of Adjustment vote upon approval of such application was four in favor thereof and none opposed thereto.
It is, therefore, ORDERED that said application be approved.
Dated this 5th day of October, 2021.
Garrett Gassman, Chairman
Miner County Board of Adjustment
Attest: Susan Connor, Secretary
The board adjourned as a Planning Commission and reconvened as a Board of Commissioners. Protsch assumed the chair.
It was moved by Wentland, seconded by Gassman and carried to declare the following items as surplus and offer the items for sale by public auction on October 26th, 2021 at 10:00 a.m. at 401 N. Main Ave. Surplus items: 3- MiniSplit Air Conditioning/Heating Units, E-Studio 3530C Toshiba Copier, Miscellaneous Office Equipment & Supplies, Desks, Filing Cabinets, Wooden & Metal Shelving, Wooden Coat Racks, Antique Wood Tables, Antique Wood Chairs, Office Chairs, Typewriters, Computer Keyboards, Wood Cabinets, TV, Metal TV Cart, Antique, Courthouse Pedestal Light, Microwave, Swinging Metal Door, Plexi Glass Pieces.
Kyle Higgens of Puetz Design + Build presented the following change orders for consideration. It was moved by Wentland, seconded by Gassman and carried unanimously to approve the following change orders: #024 Plaster Repairs $3284.74; #025 Additional Electrical Items $1468.35; #026 Window Replacement $386.13; #027 Contingency Deduct 4 $9299.54; #028 Contingency Credit ($26010.82).
Higgens also informed the commission of the punch list that was completed on Monday, October 4th. Contractors will be working the next two weeks to complete all the items on that list. At the end of the walk through on October 4th, the “substantially complete” papers were signed by Chairman and Building Committee member Protsch. To date the total cost of this contract is $1,515,129.18. There will be one more change order that will need to be approved after receipt of the costs for the microphones for the commission room. Higgens will present this change order at the October 19th meeting.
Auditor Connor informed the board that SDACO has contracted with Eide Baily for consulting services associated with the ARPA (American Rescue Plan Act). Questions pertaining to allowable expenditures will be submitted through the planning districts and then forwarded to Eide Baily for his review. All questions posed and Baily’s response will be made available to all participating counties from the planning districts. The cost of this
service is $2000/county. This fee would qualify for use of ARP funds. Auditor Connor will place this item on the agenda for the next commission meeting.
Having no further business, the meeting adjourned to October 19th. Dated this 5th day of October, 2021.
Alex Protsch, Chairman
Miner County Board of Commissioners
Attest: Susan Connor, Miner County Auditor