April 19, 2022
The Miner County Board of Commissioners met in regular session on April 19, 2022 in the Miner County Courthouse Commission room. Members present: Alex Protsch, Tom Reisch, Kari Jo Carlson, Kathy Faber and Joe Bechen. Absent: none. The flag pledge was recited. Also present were Susan Connor, Rebecca Mommaerts and Tami Severson. Motion by Reisch, seconded by Bechen and carried to approve the agenda, as amended.
Motion by Faber, seconded by Carlson and carried to approve the minutes of the April 5 Commissioner meeting, April 7 special meeting, and April 12 equalization meetings.
During public comment, Tami Severson handed out maps that showed the Acreage Sales by Location from November 2013-March 2022. She also informed the board that there was another booking of the Howard Hotel and Conference Center over the Easter weekend due to online booking websites. States Attorney Kristian Ellendorf was notified and passed the information along to the appropriate contacts.
The following claims were approved for payment: Hydro Klean $4,750.00 CONTRACTED MAINTENANCE; SD Office of Child & Family Services $3,348.00 COUNTY NURSE PMT TO STATE; Cardmember Services $177.74, HFCA $9,947.06, Sturdevant’s $21.87, Wingen’s Garage $1,843.68 FUEL; Miner Co Recreation Assn $2,500.00 GRANTS TO OTHERS; Northwestern Energy $12.21 HOTEL-GAS SERVICE; Pharmchem $31.45 INVESTIGATION EXPENSE; Davison Co Sheriff $665.00 PRISONER CARE; Office Ally $35.00 PROCESSING FEE; Miner County Pioneer $847.22 PUBLISHING; A-Ox Welding Supply $19.11, Dust-Tex $132.78 RENT; Butler Machinery $2,028.00, HFCA $151.26, Office Peeps $572.41, S&S Contracting $307.35 REPAIRS; Brock White Co $20,569.50, Hydro Klean $19,000.00, Shane’s Hardware $12.98 ROAD MATERIALS; Butler Machinery $2,215.21, Canova Service Center $102.27, Dawson Construction $185.69, Dust-Tex $185.98, Home Service Water Conditioning $28.60, HFCA $0.50, Menards $108.40, Office of Atty General $14.00, Office Peeps $1,146.30, Pheasantland Industries-Garment $1,374.79, Pomp’s Tire Service $1,150.65, Print Elect $64.91, RDO Equipment $34.71, Rhomar Industries $578.22, Runnings $6.29, Rusty’s $63.37, Shane’s Hardware $544.91, SD Federal Property Agency $49.13, Sturdevant’s $1,518.04, Zabel Steel $151.20 SUPPLIES; Joe Bechen $65.52, Kari Jo Carlson $16.80, Kathy Faber $108.36, HFCA $23.23 TRAVEL; Central Electric Coop $63.78, Xcel Energy $45.56 UTILITIES.
A representative of the family of the lienee in Poor Relief Case #03-03 came with a request for release of liens associated with the case. Information was given to the family representative for additional steps that will need to be taken before any of the liens would be able to be released.
Commissioners acknowledged receipt of the following correspondence: Veterans’ Service Officer-March Report; Miner Conservation District & NRCS January Rep0orts; 1st Quarter Moisture Report; SD Dept of Ag & Natural Resources-Shannon HBI-Proposed Dairy Modifications; and SD Dept. of Ag & Natural Resources-Shannon HBI-Proposed Gilt Barn Modifications.
No burn ban was put in place for Miner County at this time, but the Commissioners requested it be placed on the agenda for the next meeting.
It was moved by Carlson and seconded by Faber to adopt the following resolution:
RESOLUTION 22-15
WHEREAS, insufficient appropriation was made in the 2022 budget for the following department to discharge just obligation of said appropriation; and
WHEREAS, SDCL 7-21-32.2 provides that transfers may be made by resolution of the board from the contingency appropriation established pursuant to SDCL 7-21-6.1 to other appropriations;
THEREFORE, BE IT RESOLVED that the appropriation be transferred from contingency to Abused/Neglect Child Defense $100.
Voting aye: Bechen, Reisch, Carlson, Faber and Protsch. Voting nay: none. Resolution approved this 19th day of April, 2022.
Alex Protsch, Chairman
Miner County Board of Commissioners
Attest: Rebecca Mommaerts, Miner County Deputy Auditor
It was moved by Faber, seconded by Reisch and carried to authorize the auditor to make an operating transfer as provided for in the 2022 budget to Emergency Management Fund $10,000.
Ron Krempges joined the meeting for Highway Matters. Krempges reported updates on the truck box that was previously bid and due for delivery in 2022. The original bid from Northern Truck Equipment, which a signed contract exists for, was for $108,527. The quoted bid for the second truck box that is included in the 2023 budget, but does not have a signed contract, was for $138,571. Increasing costs after the contract is signed is not allowable. However, Northern may be able to back out of the contract due to a force majeure clause, which allows a party to leave a contract due to unforeseeable circumstances beyond the parties’ control.
The contract for the second truck with Sourcewell (Monroe) had expired and is no longer available. Krempges called Sanitation Products in Sioux Falls. The Sanitation Products bid with Sourcewell is $119,783, with the total price being $239,566 for both truck boxes. It would be 14 weeks for box and 26 weeks for hydraulics, followed by 4-6 weeks for installing. This would get it done just before the end of the year, and Miner County won’t pay for it until it is completed. The second truck box is in the 2023 budget. The board recommended checking with State’s Attorney Ellendorf to see what needs to be done to terminate the contract with Northern, due to their inability to honor their bid, before ordering from Sanitation Products.
Krempges informed the board he would be pulling off spring load limits on April 20th. Krempges reported on bridge project progress. Motion by Carlson, seconded by Faber and carried to sign the Professional Services Agreement between Ulteig Engineers, Inc. and Miner County, SD for the construction engineering on the bridge deck on the north side of Carthage.
Krempges also reported that Miner County is transferring ownership of the bridge located 5 miles south and 4.6 miles east from Carthage, between sections 1 and 12 in Green Valley Township to Green Valley Township. The new shop heater was installed and is working well. Krempges will leave the highway job listing open for another week or two for applications. The highway department will begin pulling shoulders. They are hoping to get some moisture in order to pack it.
States Attorney Kristian Ellendorf joined the meeting. She stated that Northern can’t expect for Miner County to agree to their new terms. The contract was signed back in March of 2021, and they are in breach of contract by not honoring it. If Northern cannot honor the contract, then the contract will need to be rescinded. Krempges will call Northern and request a signed document from Northern if they intend not to honor the contract. Once this is received, Miner County can accept the bid from Sanitation Products. Motion by Reisch, seconded by Faber and carried to authorize Krempges to accept the bid from Sanitation Products, contingent on Northern rescinding their contract.
Ellendorf had nothing new to report with the hotel. Both sides have obligations in their contract and they’re both moving forward. They are scheduled to close by May 15th, but are hopeful to close before that time. All parties received the resolution, and Ellendorf has been communicating the issues with rooms still being booked online for the hotel with their attorney.
Krempges reported on a back sloping project coming up, along with culvert work and culvert inventory. Krempges intends to contact Steve Litterick soon to begin the project at the 4-H Grounds. Weeds at campground would need to be sprayed by either Kent Terwilliger or Don Eppe, due to an applicator license requirement for weeds sprayed on public ground.
October is the deadline for the applications for the Cost-Share of Township Small Structures Program. Projects would need to be under twenty feet to qualify. The minimum township contribution amount is 20%. Krempges requested a straight cost-share across the board for all townships. Townships would need to get quotes/cost estimates from contractors, and Krempges would prefer the contractors to do the projects. Krempges recommended having the townships pay no more than 30% of the cost. Auditor Connor reported that township annual reports are filed in the Auditor’s office if the Commissioners would like to reference them. The resolution would need to distinguish if projects would be awarded on a first-come/first-serve or need-based basis. If need-based, parameters would need to be listed, such as detour length, number of homes nearby, daily traffic, etc. Krempges will call to see if there’s anything on an application for the program and send information to the Commissioners, if so. This will be placed on the next meeting agenda.
Colleen Arens joined the meeting. She reported that somebody has been driving on the courthouse lawn. This has been addressed and the Commissioners have been told it would stop. Arens announced her retirement from the custodial position at Miner County; her last day will be May 20th. The custodial job description needs updating; Deputy Auditor Mommaerts had a draft prepared that was emailed to the Commissioners. Commissioners instructed the Auditor’s office to begin advertising.
The Courthouse, particularly the basement, has been having issues with a sewer smell on occasion, thought to originate from the old jail/evidence room. Bechen reported that he was told by Cora Schwader that to clean the evidence room, the Sheriff’s office staff would need a storage pod or the ability to use the chair storage room off the Commissioner room, as it can be locked. The Commissioners decided against using the storage room, as work may need to be done in that room as well to address the sewer smell issues. Once the work has been done, they would get storage shelving for the evidence and more appropriate lighting before moving the evidence back in.
A request was received by the Miner County Recreation Association for recreation grant funds. Kari Jo will talk to someone on the Canova Community Improvement (CCI) board to see what their need is. Bechen made a motion to advance $2500 to Miner County Recreation Association, as the county has done in past years, seconded by Faber. Motion carried.
John and Dawn Mentele want to cut down some dead trees between their lot and the Courthouse lot. They would repair any lawn damage caused, if any, at no cost to the county. The Commissioners approved this request.
Motion by Faber to adjourn, seconded by Reisch. Having no further business, meeting adjourned to May 3rd. Dated this 19th day of April, 2022.
Alex Protsch, Chairman
Miner County Board of Commissioners
Attest: Rebecca Mommaerts, Miner County Deputy Auditor