April 5, 2022
The Miner County Board of Commissioners met in regular session on April 5, 2022 in the Miner County Courthouse Commission room. Members present: Alex Protsch, Kari Jo Carlson, Kathy Faber, Tom Reisch and Joe Bechen. Absent: none. The flag pledge was recited. Tami Severson and Kent Terwilliger were also present for portions of the meeting. Motion by Carlson, seconded by Faber and carried to approve the agenda.
The minutes of the March 15th meeting were approved.
The auditor’s account with the county treasurer showed an April 1, 2022 balance of $5,521,299.34 in all state, county, civil, school and trust accounts.
Jackie Stuhr of Rumors Bar appeared during public comment to inform the commission about concerns with the property line between their property and the Howard Hotel & Convention Center. A survey will be completed this week to assure the legal property boundaries.
It was moved by Bechen, seconded by Faber and carried to approve the following claims for payment: Road & Bridge $55,201.98, Wellmark $50,942.16, Delta Dental $1,562.26, Kansas City Life $462.02, Retirement $7,520.64, OASI $10,402.44, Commissioners $4,519.75, Auditor $7,901.50, Treasurer $7,188.75, States Attorney $5,708.75, Govt Building $2,427.00, Director of Equalization $7,395.00, Register of Deeds $7,114.12, Vet Service $911.00, Tax Deed Property HHCC $700.00, Sheriff $11,480.50, Contract Law $4,646.89, Welfare $385.73, Co Nurse $1,426.50, Ambulance $8,416.70, WIC $97.00, Extension $1,426.50, Weed $1,693.31, Dispatch $13,320.58, Emergency Mgt $2,428.50 MAR PAYROLL; Jeremy Beyer $14.00, Darwin Callies $14.00, Terry Carlson $14.00, Domenick Davids $14.00, Brian Dold $14.00, Donald Eppe $14.00, Ron Krempges $14.00, Adam Mentele $14.00, Tami Severson $14.00, Eric Smith $14.00 PAYROLL TRAVEL; Santel $55.12, Triotel $167.53 911 CHARGES; Jencks Law $101.00 ABSD/NEG CHILD DEFENSE ATTYS; SD Dept. of Health Lab $40.00 BLOOD ALCOHOL; Horizon Health Care $100.00 BLOOD DRAW; ICAP $701.92 COMMUNITY ACTION PMT; Avera Occupational Medicine $196.00 DRUG TESTING; Ultra $8,610.00 EQUIPMENT; Overhead Door Co $48.47 EXCISE TAX; Northwestern Energy $685.23 GAS SERVICE; James Valley Landscape $150.00, Scotts Lock $130.00, Thompson $229.59 HOTEL REPAIRS; City of Howard $1,963.06 HOTEL UTILITIES; Emergency Safety Education $135.00 IN SERVICE EDUCATION; County Employee $754.61 INSURANCE REIMBURSEMENT; Stamp Fulfillment Services $1,734.75 POSTAGE; Lake Co Sheriff’s Office $320.00 PRISONER CARE; Dickinson Co Sheriff’s Office $34.00 PROFESSIONAL FEES; Eternal Security Products $1,820.21, Karl Chevrolet $282.56, Overhead Door Co $2,375.00, Puetz Design + Build $25,000.00, Two Way Solutions $337.69, Ultra $2,373.15, Vanguard Appraisals $1,700.00 REPAIRS; Kristian Ellendorf $900.00 STATE’S ATTY OFFICE EXP ALLOWANCE; Lexis Nexis $149.00 SUBSCRIPTIONS; Allied 100 $354.00, Brock White Co $262.37, Dakota Data Shred $83.96, ES&S $224.09, Gillund Enterprises $475.92, Homestead Building Supplies $827.54, Kimball Midwest $173.91, Ludens $220.00, Madison Ace Hardware $26.46, Matheson Tri Gas $59.60, Modern Marketing $186.21, New Century Press $97.00, Pharmchem $295.45, Tim Reisch $200.00, Revier Pressure Washers $310.07, Rusty’s $416.62, Tami Severson $20.00, Shane’s Hardware $12.48, SD Sheriff’s Assn $45.10, Kent Terwilliger $36.19, Ultra $34.30 SUPPLIES; Alliance $883.41, Colleen Arens $30.00, AT&T $359.73, Susan Connor $30.00, Tami Severson $30.00, Verizon $91.97 TELEPHONE; Susan Connor $174.40, Iowa Emergency Management $150.00, Ron Krempges $28.00, Kim Lewis $10.50, Dan Page $13.86, SDACO $370.00, Wyatt Walter $12.60 TRAVEL; City of Howard $2,614.79 UTILITIES.
The board acknowledge receipt of the following correspondence: Victim Witness Coordinator March report; SD Dept. of Education Oldham/Ramona & Rutland consolidation plan approval.
Emergency Management Director requested to travel out of state to the University of Okoboji for an Emergency Management conference. It was moved by Reisch, seconded by Bechen and carried to authorize the requested out of state travel.
The board adjourned as a Board of Commissioners and reconvened as a Planning and Zoning Board acting as the Board of Adjustments. Planning & Zoning secretary Susan Connor called for nominations for chairman. Reisch nominated Alex Protsch. It was moved by Faber, seconded by Carlson and carried to cease nominations and cast a unanimous ballot for Protsch. Protsch took the chair and called for nominations for vice-chairman. Reisch nominated Joe Bechen. It was moved by Carlson, seconded by Faber and carried to cease nominations and cast a unanimous ballot for Bechen.
A hearing was held as advertised to consider the application of Cellular Inc. for a conditional use to construct a 309’ self-support lattice tower complete with macro cell site antennas radios and associated ground equipment on property owned by David & Ronda Gassman described as E2SE4 & E2W2SE4 of Section 24, T105N, R56W, Canova Township, Miner County, South Dakota. Those present for the hearing included Zoning Administrator Tami Severson. Joining the meeting telephonically was Kelly Mohr of KGI Wireless, Inc. as an independent consultant for Verizon Wireless. Currently Cellular Inc. has an approved conditional use that was issued on October 21, 2019 for this site. Construction has not started on the tower under the effective conditional use and expired on October 20, 2021. Therefore, Cellular Inc. is applying for a new conditional use to begin construction in the future. Ms. Mohr stated Verizon has put this tower back on the budget to be completed in 2023.
It was moved by Carlson and seconded by Faber 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 )
) FINDINGS
CELLULAR INC., NETWORK CORPORATION d/b/a VERIZON WIRELESS
FOR A CONDITIONAL USE )
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FINDINGS
I
That the applicant, Cellular Inc. has made an application for a conditional use to construct a 309’ self-support lattice tower complete with macro cell site antennas and ground equipment on property owned by David & Ronda Gassman described as E2SE4 & E2W2SE4 of Section 24, T105N, R56W, Canova Township, Miner County, South Dakota.
II
That the proposed use of said realty is specifically prohibited by the zoning ordinance without applicant first obtaining a conditional use, for which they have applied.
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 April 5, 2022 in the Commission Room of the Miner County Courthouse.
V
That the applicant, Verizon Wireless, was represented telephonically by Kelly Mohr.
VI
That no person appeared in opposition to granting the application.
VII
That a presentation in support of said conditional use and testimony on behalf of said conditional use was received at the hearing and that no testimony in opposition to the granting of the conditional use was received at the hearing.
NOW, THEREFORE, that application, testimony at the hearing, and arguments of individuals at the hearing all having been considered, it is the FINDING of the Miner County Board of Adjustment that the application of Verizon Wireless, Cellular Inc. for a conditional use be approved for the following reasons:
1) That the Miner County Board of Adjustment is empowered under Section 505 of the Miner County Zoning Ordinance to grant with conditions the conditional use and that the granting of the conditional use will not adversely affect the public interest.
2) That the Miner County Board of Adjustment certifies compliance with the specific rules governing individual conditional uses.
3) That the Miner County Board of Adjustment is able to make the applicable findings required by Section 505, Subsection 5 of the ordinance, which are considered prerequisite to the granting of a conditional use.
X
That the Board of Adjustment vote upon approval of such application was five (Reisch, Bechen, Faber, Carlson and Protsch) in favor thereof and none opposed thereto.
It is, therefore, ORDERED that said application be approved
Dated this 5th day of April, 2022.
Alex Protsch, Chairman
Miner County Board of Adjustment
Attest: Susan Connor, Secretary
A hearing was held, as advertised, to consider an application for a variance from the zoning ordinance from Robert Wingen to plat a parcel at approximately 3.1 acres which is smaller than current zoning allows (5 acres plus right of way) and a variance to the setbacks of the rear and side yards of the proposed plat at less than 50’ which is what current zoning requires in the parcel described as Lots 1 Wingen’s First Addition in the NE ¼ of Section 35, T105N, R57W, Rock Creek Township, Miner County, South Dakota.
Zoning Administrator Tami Severson presented information on the placement of the plat and indicated that a family member is planning for a home construction on the proposed platted property.
It was moved by Reisch and seconded by Bechen 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 )
) FINDINGS
ROBERT & STACY WINGEN FOR A VARIANCE )
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FINDINGS
I
That the applicants, Robert & Stacy Wingen, have made an application for a variance to plat a parcel at approximately 3.1 acres which is smaller than current zoning allows (5 acres plus right of way) and a variance to the setbacks of the rear and side yards of the proposed plat at less than 50’ which is what current zoning requires in the parcel described as Lot 1 Wingen’s First Addition in the NE ¼ of Section 35, T105N, R57W, Rock Creek Township, Miner County, South Dakota and that they 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 April 5, 2022, in the Commission Room of the Miner County Courthouse.
V
That applicants, Robert & Stacy Wingen did not appear in person.
VI
That no person appeared in objection to granting the variance.
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 the granting of the variance was also 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 Robert & Stacy Wingen for a variance be approved to allow platting a parcel at approximately 3.1 acres including right of way which is smaller than current zoning allows and allowing for less than 50’ setbacks of the rear and side yards 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 five (Reisch, Bechen, Faber, Carlson and Protsch) in favor thereof and none opposed thereto.
It is, therefore, ORDERED that said application be approved.
Dated this 5th day of April, 2022.
Alex Protsch, Chairman
Miner County Board of Adjustment
Attest: Susan Connor, Secretary
The board adjourned as a Planning and Zoning Board and reconvened as a Board of Commissioners.
Zoning Administrator Tami Severson presented the following plat for consideration. It was moved by Reisch and seconded by Faber to adopt the following resolution.
RESOLUTION 22-12
BE IT RESOLVED by the Board of County Commissioners of Miner County, South Dakota, that the plat of LOT 1 OF WINGEN’S FIRST ADDITION IN THE NE ¼ OF SECTION 35, T 105 N, R 57 W OF THE 5TH P.M., MINER COUNTY, SOUTH DAKOTA, which has been submitted for examination pursuant to law, is hereby approved and the County Auditor is hereby authorized and directed to endorse on such plat a copy of this Resolution and certify the same.
Voting aye: Reisch, Carlson, Faber, Bechen and Protsch. Voting nay: none. Resolution adopted this 5th day of April 2022.
Alex Protsch, Chairman
Miner County Board of Commissioners
Attest: Susan Connor, Miner County Auditor
Welfare Director Gibi Page presented poor relief case 22-02. It was moved by Carlson, seconded by Bechen and carried unanimously to deny case 22-02 due to lack of information to determine residency and income.
Highway Superintendent Ron Krempges reported on correspondence he received from Crysteel and Northern Truck Equipment concerning additional cost associated with the contracted bid price of the dump body for the truck due for delivery in 2022. Crysteel sited supply chain disruptions and cost inflation that is driving the additional costs. Concerns were voiced as to breaking bid laws associated with this request. Further information will be sought and brought to the April 19th meeting.
Krempges presented two quotes for replacement of the shop heater at the highway department. Requested quote was for a 175,000 BTU heater and installation: S & S Contracting $3070; Dan’s Heating & Cooling (200,000 BTU heater) $3148.69. It was moved by Carlson, seconded by Faber and carried to award the project to S & S Contracting.
Other highway matters discussed: culvert liner has been installed east of Canova; bridge replacement located 5 south and 6.6 west of Howard will begin soon with a 6-week completion timeline; Township small structure program will need the commission to approve the cost share-this will be discussed at the April 19th meeting.
The bridge replacement project located in Green Valley township will require an archaeological research study to be completed. It was moved by Reisch, seconded by Carlson and carried to authorize Chairman Protsch to sign the agreement between Kogel Archaeological Services and the SD Dept. of Transportation.
The bid opening for the 2022 mowing and trimming of the Miner County 4-H grounds was held as advertised. The following bids received reflect a per time basis: Todd Spader $297; Neises Mowing $325. It was moved by Reisch, seconded by Carlson to enter into a contract with Todd Spader for the mowing of the 4-H grounds $297/mowing & trimming. Voting aye: Carlson, Faber, Protsch, Reisch and Bechen. Voting nay: none. Motion carried.
The following quote per gallon (excluding non-applicable or refunded tax) based on a constant markup escalator clause was received for fuel for the period of April 10, 2022, through December 31, 2022: Howard Farmers Coop Association $3.8531 unleaded, $3.4791 unleaded with ethanol, $4.5981 clear #1, $4.4971 clear #2, $4.3221 dyed #1, $4.2211 dyed #2, $4.3621 dyed #1 at Carthage shop, $4.2611 dyed #2 at Carthage shop. It was moved by Bechen, seconded by Faber, and carried to award the purchase of fuel for the period from April 10 to December 31 to Howard Farmers Coop Association with the price being adjusted according to the rack prices as of April 10, 2022.
State’s Attorney Kristian Ellendorf presented the following resolution for reconveyance of the tax deed property held by the county-LOT 5, 6, & 7, INCLUDING VACATED ALLEY & S ½ VACATED FARMER AVENUE ADJOINING LOT 5, HOWARD CITY OP; known as Howard Hotel & Convention Center. After discussion concerning all alternatives, it was moved by Bechen and seconded by Carlson to adopt the following resolution.
Miner County Resolution no. 22-13
RESOLUTION to reconvey real property
WHEREAS, a Tax Deed, having been procured by Miner County, State of South Dakota, pursuant to South Dakota Codified Laws Chapter 10-25, for the property herein described;
WHEREAS, on November 8, 2021, said Treasurer’s Tax Deed to County was recorded conveying the following-described real property to Miner County, South Dakota:
Lot Five (5), Six (6), and Seven (7) including vacated alley and the South Half (S ½) of vacated Farmer Avenue adjoining Lot Five (5), Block Eleven (11), Original Plat to the City of Howard, Miner County, South Dakota; hereinafter Parcel #3575;
WHEREAS, the record owner of the real property was in the name of the Judy Shaw Foundation, Inc. and that the Judy Shaw Foundation, Inc. remains the record owner of the remaining parcels, which lie adjacent to Parcel #3575; and the building affixed to said parcel also lies within the remaining parcels owned by the Judy Shaw Foundation, Inc., namely Parcel #3568; Parcel #3569; Parcel # 3570; Parcel #3571; Parcel #3573; and Parcel #4753;
WHEREAS, the Judy Shaw Foundation, Inc. has entered into a contract to sell said property to Jim Gray and Hilgard Goosen, or their assigns, which transaction evidenced by said Purchase Agreement is conditioned on the reconveyance of Parcel #3575 by the county to the Purchasers under said contract;
WHEREAS, the county commissioners for the County of Miner, South Dakota as the owner of Parcel #3575, and pursuant to SDCL §10-25-41, may authorize a reconveyance by quit claim deed to the record owner or the record owner’s assignees or successors, of any real property held by the county under a tax deed;
WHEREAS, the reconveyance shall be for a consideration of not less than the total principal, interest, and costs of all real property taxes represented in the tax deed, and any other real property taxes and interest which are unpaid on the subject real property at time of reconveyance;
WHEREAS, SDCL §10-25-41 does not limit the discretion of the county commissioners to fix a higher price for the reconveyance, or to annex to the reconveyance any conditions or qualifications as the county commissioners may establish;
WHEREAS, in addition to the back taxes owed and the cost of the title search for the tax deed proceedings, the total amount being $177,302.06, the county has accumulated other expenses related to the property, including, but not limited to, utility expenses in the amount of $13,266.40 plus anticipated expenses of that nature in the amount of $7,000.00, plus Insurance premiums paid in the amount of $15,472.76; and plus costs of county resources being used to maintain the property in the amount of $1,600.00, for a total amount of $214,641.22; in addition thereto, the county hereby exercises its right to require a penalty payment of ten percent (10%) of said amount ($21,464.12) and that said balance ($236,105.34) does not contemplate unforeseeable expenses of maintaining the property until the close of the contract or reconveyance contemplated herein, which amount shall be added thereto;
WHEREAS, under the Purchase Agreement referenced herein, the Purchasers are assignees or successors of the record owner;
WHEREAS, the County, has been provided information that the Purchasers desire to purchase the real property based upon the terms necessary for reconveyance by Quit Claim Deed and has agreed to pay the cost thereof directly to the county for the amounts owed them under Chapter 10-25, and other relevant provisions, of the South Dakota Codified Laws;
NOW THEREFORE, BE IT RESOLVED, that the Board of County Commissioners for the County of Miner hereby adopts and approves the reconveyance described herein and that Miner County shall quit claim the following-described real property:
Lot Five (5), Six (6), and Seven (7) including vacated alley and the South Half (S ½) of vacated Farmer Avenue adjoining Lot Five (5), Block Eleven (11), Original Plat to the City of Howard, Miner County, South Dakota;
to Jim Gray and Hilgard Goosen, or their assigns, (as the assignees of the record owner, Judy Shaw Foundation, Inc.) upon receipt of payment of all real property taxes due, including the total principal, interest, and costs of all real property taxes represented in the tax deed, and all other costs related to said property taken by tax deed since November 8, 2021; and
FURTHER RESOLVED, that the Chairperson of the Board of County Commissioners, Alex Protsch, is hereby authorized, designated, and directed to execute and deliver all necessary documents to effectuate the transfer of said real property in the name of and on behalf of Miner County; and that the Miner County Treasurer shall execute the quit claim deed, and the Miner County Auditor shall attest to the quit claim deed under seal; and that the conveyance shall not be completed until twenty (20) days after the publication of this Resolution.
Failure to make payment as set for the above, in full by May 9, 2022, shall void this Resolution effective May 10, 2022.
Voting aye: Bechen, Carlson, Faber, Reisch and Protsch. Voting nay: none. Resolution approved this 5th day of April, 2022.
Alex Protsch, Chairman
Miner County Board of Commissioners
Attest: Susan Connor, Miner County Auditor
It was moved by Faber, seconded by Reisch and carried to enter into executive session at 12:06 p.m. (SDCL 1-25-2 (3)). The board returned to regular session at 12:16.
It was moved by Faber and seconded by Reisch to adopt the following resolution.
RESOLUTION 22-14
WHEREAS, SDCL 12-14-1 requires the board of county commissioners to provide for election precincts throughout its county and shall designate polling places within such precincts,
THEREFORE, BE IT RESOLVED that the Miner County Board of Commissioners sets the polling places for the following precincts:
POLLING PLACES:
Miner County 4-H Exhibit Hall (203 West Wilson St. Howard, SD)
Precinct 1 (Howard City Ward 1);
Precinct 2 (Howard City Ward 2);
Precinct 3 (Howard City Ward 3);
Precinct 6 (Clearwater, Howard, Roswell Townships, Vilas Village);
Precinct 7 (Henden, Adams, Belleview, Grafton Townships)
Canova Community Center (157 West Main, Canova, SD)
Precinct 4 (Vermillion, Canova, Rock Creek Townships, Canova Village)
Fedora Fire Hall (Main St-421st Ave. Fedora, SD)
Precinct 5 (Clinton, Beaver, Miner Townships)
Carthage Community Room (107 Buell St)
Precinct 8 (Green Valley, Carthage, Redstone Townships, Carthage City)
Voting aye: Reisch, Faber, Carlson, Bechen and Protsch. Voting nay: none. Resolution adopted this 5th day of April, 2022.
Alex Protsch, Chairman
Miner County Board of Commissioners
Attest: Susan Connor, Miner County Auditor
Commissioners considered Governor Noem’s action of declaring Good Friday and Easter Monday as administrative leave for state employees. It was moved by Bechen, seconded by Carlson and carried to grant administrative leave to full-time permanent employees for the morning of Friday, April 15th. County offices will be closed all day, Friday, April 15th. County offices will be open on Monday, April 18th.
Director of Equalization Tami Severson informed the board of Eagle View’s progress on the fly over capture and data preparation of the arial imagery. The scheduled flight plans are complete. The next step is for the in-house staff to make sure everything is complete. Touch up flights may be needed. Once they are satisfied the project will be declared “done flying”. Once the project is officially done flying there will be a 45–60-day window before it is delivered to Miner County.
Auditor Connor gave an overview of ARPA funds and the final rule that has been adopted. It was moved by Faber, seconded by Carlson and approved unanimously to approve the transfer from American Rescue Plan Act Fund to General Fund in support of general government services.
Auditor Connor requested temporary assistance for the auditor’s office during her medical leave. It was moved by Reisch, seconded by Carlson and carried unanimously to approve Pat Carmon as the temporary assistant at the rate of $20/hr and to increase deputy auditor, Rebecca Mommaerts’ wage to $25/hr during the absence of the auditor.
Having no further business, the meeting adjourned until April 7th (special meeting). Dated this 5th day of April, 2022.
Alex Protsch, Chairman
Miner County Board of Commissioners
Attest: Susan Connor, Miner County Auditor