June 21, 2022
The Miner County Board of Commissioners met in regular session on June 21, 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 for portions of the meeting were Miner County employees Rob Eggert, Tami Severson, Karla Neises and Jessica Charles and Howard City Council members Jackie Stuhr and Eric Rentschler.
Motion by Faber, seconded by Reisch and carried to approve the agenda. The minutes of the May 18th & June 9th meetings were approved.
No person appeared for public comment.
Motion by Bechen, seconded by Carlson and carried to approve the following claims for payment: Road & Bridge $42,926.81, Wellmark $51,690.24, Delta Dental $1,654.16, Kansas City Life $489.48, Retirement $6,802.98, OASI $9,673.98, Commissioners $4,519.75, Auditor $7,932.98, Treasurer $7,188.75, States Attorney $5,708.75, Govt Building $2,145.85, Director of Equalization $8,605.61, Register of Deeds $7,187.82, Vet Service $911.00, Tax Deed Property HHCC $700.00, Sheriff $11,560.00, Contract Law $4,344.94, Welfare $333.60, Co Nurse $1,426.50, Ambulance $8,396.37, WIC $97.00, Extension $1,426.50, Weed $1,307.50, Dispatch $15,519.09, Emergency Mgt $2,428.50 JUNE PAYROLL; SD Office of Child & Family Services $1,674.00 CO NURSE PMT TO STATE; Lammers, Kleibacker & Dawson $857.75 COURT APPT ATTYS; SDVSOA $50.00 DUES; Catherine Connor $80.00, Amie Kidd $75.00, Vicki Miller $75.00, Ashley Schwader $50.00 ELECTION SALARIES; Motorola $8,767.50 EQUIPMENT; Cardmember Services $423.46, HFCA $1,482.02 FUEL; Emergency Safety Education $135.00 IN SERVICE EDUCATION; SD Dept of Human Services $54.88 MENTALLY ILL PATIENT CARE; Todd Spader $297.00 MOWING; Stamp Fulfillment Services $1,393.40 POSTAGE; Lewis Drug $3.00 PRISONER MEDICATION; Pictometry International $51,340.00 PROFESSIONAL SERVICE; Miner County Pioneer $1,016.08 PUBLISHING; Microfilm Imaging Systems $660.00 RENT; Bender’s Sewer & Drain $513.50, HFCA $53.39, John Deere Financial $968.06, Office Peeps $235.48, Kent Terwilliger $138.44, Two Way Solutions $150.00 REPAIRS; Jebro $194,531.50 ROAD MATERIALS; Colonial Research $194.42, John Deere Financial $968.13, Matheson Tri Gas $227.14, McLeod’s $66.77, Office Peeps $1,203.05, Sunset Law Enforcement $260.10, Ultra $193.00 SUPPLIES; 2022 Dakota 911 Conference $200.00, Joe Bechen $31.50, Cardmember Services $240.00, Kari Jo Carlson $11.76, Catherine Connor $7.56, Kathy Faber $70.56, Amie Kidd $5.04, Lori Kiehl $39.48, Ron Krempges $28.00, Vicki Miller $5.88, Ramkota $77.00, SDVSOA $50.00 TRAVEL; Northwestern Energy $12.76 UTILITIES.
Bechen reported that the following have been appointed to serve on the courthouse security committee: Joe Bechen, Alex Protsch, Tim Reisch, Jessica Charles, Rob Eggert, Kristian Ellendorf and Susan Connor.
Severson informed the board of the equipment located on the roof of the Howard Hotel & Convention Center. Severson has contacted Miner Insurance and a claim has been filed. The board directed Severson to obtain costs for the possible complete shut down of the facility. This information will be available to the board at a future meeting when determining the most cost-effective option for the building.
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 2022 licensing period located in Lot 1 of Lot 3 of SW ¼, Epiphany 34-105-57, Rock Creek Township. Existing license: David Derschan, Epiphany Bar LLC – Transfer to: Hunter Gregerson-Hunter’s Den. No persons appeared in opposition or in favor of granting the transfer. It was moved by Bechen, seconded by Faber and carried approve the transfer to Hunter Gregerson-Hunter’s Den for the 2022 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 2022 licensing period located in Lot 1 of Lot 3 of SW ¼, Epiphany 34-105-57, Rock Creek Township. Existing license: owner David Derschan-Epiphany Bar LLC – Transfer to: Hunter Gregerson-Hunter’s Den. No persons appeared in opposition or in favor of granting the off-sale liquor license. It was moved by Bechen, seconded by Faber and carried approve the off-sale liquor license to Hunter Gregerson-Hunter’s Den for the 2022 operating period.
Director of Equalization Severson presented the following plat for consideration. Motion by Reisch and seconded by Bechen to approve the following resolution.
RESOLUTION 22-22
BE IT RESOLVED by the Board of County Commissioners of Miner County, South Dakota, that the plat of LOT 1 OF JACOBSON’S FIRST ADDITION IN THE SW ¼ OF SECTION 27, T 107 N, R 55 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: Bechen, Faber, Carlson, Reisch and Protsch. Voting nay: none. Resolution adopted this 21st day of June, 2022.
Alex Protsch, Chairman
Miner County Board of Commissioners
Attest: Susan Connor, Miner County Auditor
Veteran Services Officer Tim Reisch presented his 2022 budget to the commission. With Reisch winning the District 8 Legislative House race, he will be away from his Veteran Services office during the legislative session and only be available by phone/email. Reisch asked for a salary reduction. He did ask for an additional $2800 to cover office expenses for 2022. It was moved by Faber, seconded by Bechen and carried to reduce Reisch’s salary by 85% (to $6900) and increase his office allowance from $2400 to $5200. Tom Reisch abstained.
Miner County Achievement Days will be held August 1-3. Therefore, the scheduled August 2nd meeting of the Miner County Board of Commissioners shall be moved to Monday August 1st.
Miner County’s Interrogatories for the PUC-Summit Carbon pipeline shall be completed with the assistance of State’s Attorney Kristian Ellendorf. It was moved by Carlson, seconded by Faber and carried to authorize Chairman Protsch to review, sign and submit the completed interrogatories on behalf of Miner County.
Custodian Lori Kiehl presented information on several mowers along with quotes.
Highway Superintendent Ron Krempges reported that the current bridge project located in Rock Creek Township. The area around the project has been flooded out. It will need to be dammed up again before work can proceed.
The bridge project north of Carthage will start in the next few weeks. It is estimated to take approximately 2 to 3 months to complete. During the construction traffic will be reduced to one-way.
Krempges reported on the condition of the bridge located west of Carthage on 222nd street. Brad Stangohr of Ulteig Engineering completed a partial inspection of this bridge on June 14th and identified serious problem with the timber bent cap. The south end of the timber cap is crushed and the south deck units are vertically displaced. Stangohr stated the bridge needs the load limit reduced to 7 tons max immediately, closing the east bound lane and closing the bridge to trucks to reduce the impact. The board instructed Krempges to follow the recommendation of Stangohr immediately. Hopefully, Miner County will be approved for the next round of Federal funding that will become available in August. Even if approved, this project could either be completed in 2023 or even possibly in 2024 depending on the scheduling. Bechen instructed Krempges to work with the townships to provide roads to allow farmers to get their grain into the elevator and to inform the Prairie Ag Elevator in Carthage of this issue.
SD Dept. of Transportation has contacted Krempges concerning a historical marker for Argonne. The DOT usually installs these markers on a state highway with a turn-out for parking. The DOT has concerns for placement along SD Hwy 25 and would like Krempges to install on 229th St. off of highway 25. Krempges has concerns with the placement of the marker on the county road and for the county to be responsible for installing the turn-out. The board instructed Krempges to reach out to the DOT for a possible solution.
Miner County 4-H grounds has received assistance from the highway department with the installation/construction of camping pads located east of the exhibit hall. 726 tons of gravel and $7500 worth of labor was donated to the 4-H grounds for this project.
Krempges informed the commission that the application for townships to apply for funding is still being developed by the state; his department has been working on chip sealing, mowing, gravel hauling and signage.
Deputy State’s Attorney Greg Protsch was present to give an update on the Howard Hotel and Convention Center. The Canadian firm who had been working to purchase the facility from Judy Shaw has rescinded its agreement with Shaw. The county will now proceed with litigation to resolve the issues surrounding the property. Protsch and Ellendorf have secured a trial date of October 12 & 13. City council members Eric Rentschler and Jackie Stuhr were present. Chairman Protsch asked if the city would be open to working together to get some utility cost relief. Stuhr and Rentschler indicated they would take this matter to the council for their thoughts. The city will contact the county auditor’s office for a time to meet with the commissioners.
Deputy Protsch stated the county is moving forward with the litigation and will not let “waiting” for a buyer to interfere with the process. Reconveyance could make the county whole-recouping the taxes and costs of utilities and maintaining the building. Going through litigation and the possible court ordered sale may not. It’s the county’s obligation to collect the taxes and not to determine or control who is going into the building. Bechen asked if the county would be able to completely shut the building down to avoid additional maintenance & utility costs. Protsch advised if that would be the route chosen to notify Shaw’s attorney of that intent. The board advised Tami Severson that she should be present when any persons request access to the building.
It was moved by Carlson, seconded by Bechen and carried to authorize the auditor to make an automatic supplement for American Rescue Plan grant funds received for the GIS department $74,310.
Motion by Faber, seconded by Reisch to pass the following resolution:
Resolution 22-23
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 Mentally Ill Patient Care $2500.
Voting aye: Protsch, Reisch, Carlson, Faber and Bechen. Voting nay: none. Resolution approved this 21st day of June, 2022.
Alex Protsch, Chairman
Miner County Board of Commissioners
Attest: Susan Connor, Miner County Auditor
A memo was received from Eric Erickson of the Cutler Law Firm in regards to the county’s authority and procedure for releasing a CCPRF lien. The board instructed the auditor to reach out to the individual who had earlier made a request to release a county lien that was filed for hospital costs and request she attend a future meeting for further discussion.
Chairman Protsch informed the board in the absence of Weed Supervisor Terwilliger that Terwilliger has received a request from Clearwater Township to not have the county spray their road ditches in 2022.
Director of 911 and Dispatch services, Cora Schwader presented information concerning an unexpected upgrade that will be required to the radio console. Schwader had received a quote from Two Way Solutions for this upgrade for a total of $20,153. Schwader explained this must be done to become P25 compliant.
Auditor Connor handed out the proposed 2023 budget for the commission to review. Further discussion will take place at the July 5th meeting.
Custodian Lori Kiehl rejoined the meeting. After reviewing quotes for a replacement lawn mower, it was moved by Bechen, seconded by Carlson and carried to purchase a John Deere 920 Z-Track from Kibble Equipment $10,450.
Jerry Adler did not attend the meeting to review the Howard Championship sign.
Having no further business, the meeting adjourned until July 5th. Dated this 21st day of June, 2022.
Alex Protsch, Chairman
Miner County Board of Commissioners
Attest: Susan Connor, Miner County Auditor