April 4, 2023
The Miner County Board of Commissioners met in regular session on April 4, 2023 in the Miner County Courthouse Commission room. Members present: Alex Protsch, Tom Reisch, Joe Bechen, Kathy Faber and Mike Clary. Absent: none. The flag pledge was recited. Motion by Faber, seconded by Bechen and carried to approve the agenda. No Commissioner report of meetings attended was given. No persons appeared for public comment.
The minutes of the March 21st meeting were approved.
The auditor’s account with the county treasurer showed a March 31, 2023 balance of $5,634,740.42 in all state, county, civil, school and trust accounts.
It was moved by Reisch, seconded by Clary carried to authorize the auditor to pay the following claims: Road & Bridge $49,313.70, Wellmark $55,009.03, Delta Dental $1,647.34, Kansas City Life $470.37, Retirement $7,385.08, OASI $10,861.39, Commissioners $4,655.25, Auditor $8,143.25, Treasurer $7,436.25, States Attorney $5,880.00, Govt Building $3,909.92, Director of Equalization $9,089.12 (includes Darcy Laible at $3,214.00 per month, effective Feb 1), Register of Deeds $7,654.73, Vet Service $575.00, Sheriff $12,125.47, Coroner $200.00 (Josh Hahn-Training Reimbursement), Contract Law $4,144.01, Welfare $838.11, Co Nurse $1,473.50, Ambulance $8,984.61, WIC $100.00, Extension $1,473.50, Weed $1,346.50, Dispatch $18,938.27, Emergency Mgt $2,500.75 MAR PAYROLL; Ron Krempges $14.00 PAYROLL TRAVEL; Santel Communications $55.12, Triotel $167.53 911 CHARGES; SD DOT $234.92 CONTRACTED MAINTENANCE; Miner Co Treasurer $36.50 DOMESTIC ABUSE ADMIN EXPENSE; Domestic Violence Network $164.25, Mitchell Area Safehouse $164.25 DOMESTIC ABUSE PAY TO OTHERS; Domestic Violence Network $650.00, Miner Co Recreation Assn $3,500.00, Mitchell Area Safehouse $650.00 GRANTS; Emergency Safety Education $135.00 IN SERVICE EDUCATION; Co Employee $332.52, Co Employee $115.00 INSURANCE REIMBURSEMENT; Miner County Pioneer $1,352.40 PUBLISHING; Dakota Body Shop $7,656.97, Howard Auto Clinic $1,379.92, Two Way Solutions $451.97, Vanguard Appraisals $2,250.00 REPAIRS; Spencer Quarries $7,923.65 ROAD MATERIALS; Kristian Ellendorf $900.00 STATE’S ATTY OFFICE EXPENSE ALLOWANCE; Lexis Nexis $149.00 SUBSCRIPTION; Homestead Building Supply $11.70, Howard Cold Storage $39.99, Matheson Tri Gas $251.14, Michael Johnson Construction $139.83, Tim Reisch $433.33, Tami Severson $20.00, Shane’s Hardware Hank $122.65, Kent Terwilliger $50.51, Tidmore Flags $295.40, Zep Manufacturing $251.47 SUPPLIES; Alliance $973.64, AT&T $326.85, Susan Connor $30.00, Erin Feldhaus $30.00, Lori Kiehl $30.00, Tami Severson $30.00, Molly Steeneck $30.00, Verizon $94.02, Danielle Werkmeister $30.00 TELEPHONE; Josh Hahn $67.32, Iowa Emergency Mgmt Assn $155.00, Ron Krempges $28.00, SD Assn Assessing Officers $470.00, Garret Werkmeister $102.00 TRAVEL; City of Howard $3,213.11, Northwestern Energy $2,333.03 UTILITIES.
The board acknowledged receipt of the following correspondence: Veteran Services Officer February Report.
After discussion about department heads meeting with the commissioners on a regular basis, the board stated if a department head had issues or matters to report, they should request time on the agenda.
Kent Terwilliger reported on damage to the repeater, panel & beacon at the tower on highway 25. He is working with Two Way services to replace the damaged equipment. Terwilliger has contacted Miner Insurance to see if this would be covered. Reisch instructed Terwilliger to proceed with repairs to get the equipment fixed/replaced. Equipment which was intended to be installed in Carthage is being reprogrammed to replace the damaged equipment on the Hwy 25 tower. Terwilliger has contacted the FCC to get a no-fly zone due to the beacon being damaged.
Highway Superintendent Ron Krempges joined the meeting to discuss highway matters. Carthage oil (425th Ave.) weight limit was explained by Krempges. Through research with SD LTAP, Krempges stated that increasing the limit to 50 ton may do less damage on the road with the exception of the increased number of trucks utilizing the road. The highway department will conduct traffic studies on the road to determine if there is higher usage. After completion of the study, Krempges may possibly increase to 50 Ton until the bridge west of Carthage is completed. This will allow farmers to utilize the road to export their commodities. Krempges will continue to keep the board informed as to the results of the traffic study and will bring a resolution for their consideration if it is determined to increase the tonnage load limit.
Miner County was awarded a BIG contract for the bridge located west of Carthage. This would be an 80/20 split between the state and Miner County. Krempges estimated that the project would not begin until 2024.
Krempges covered other highway matters.
The board held the second reading of Ordinance 2023-01 by title. It was then moved by Faber and seconded by Bechen to adopt the following:
ORDINANCE 2023-01
COMPREHENSIVE ZONING ORDINANCE
MINER COUNTY, SOUTH DAKOTA
ORDINANCE NO. 2023-01, AN ORDINANCE AMENDING “THE ZONING ORDINANCE OF MINER COUNTY” AS ESTABLISHED BY ORDINANCE #04-01 AND ALL AMENDMENTS THERETO, WHICH INCLUDES THE OFFICIAL ZONING MAP, IN ACCORDANCE WITH THE PROVISIONS OF CHAPTERS 11-2, 1967 SDCL, AND AMENDMENTS THEREOF, AND FOR THE REPEAL OF ALL RESOLUTIONS AND ORDINANCES IN CONFLICT THEREWITH
WHEREAS, the Miner County, South Dakota, Board of County Commissioners, hereinafter referred to as the Board of County Commissioners, deems it necessary, for the purpose of promoting the health, safety, and the general welfare of the County, to enact zoning regulations and to provide for its administration, and
WHEREAS, the Board of County Commissioners has appointed a County Planning Commission, hereinafter referred to as the Planning Commission, to recommend the district boundaries and to recommend appropriate regulations to be enforced therein, and
WHEREAS, the Planning Commission has divided Miner County into districts, and has established by reference to maps the boundaries of said districts for administration and interpretation; has provided for definitions and for amendments to this Ordinance; has provided for the enforcement; prescribed penalties for violation of provisions; has provided for building permits within the districts; has provided for invalidity of a part and for repeal of regulations in conflict herewith; and has prepared regulations pertaining to such districts in accordance with the county comprehensive plan and with the purpose to protect the tax base, to guide the physical development of the county, to encourage the distribution of population or mode of land utilization that will facilitate the economical and adequate provisions of transportation, roads, water supply, drainage, sanitation, education, recreation, or other public requirements, to conserve and develop natural resources, and
WHEREAS, the Planning Commission has given reasonable consideration, among other things, to the character of the districts and their peculiar suitability for particular uses, and
WHEREAS, the Board of County Commissioners has given due public notice to a hearing relating to zoning districts, regulations, and restrictions, and has held such public hearings, and
WHEREAS, all requirements of SDCL 11‑2, 1967, with regard to the preparation of these regulations and subsequent action of the Board of County Commissioners, has been met, and
WHEREAS, copies of said zoning regulations and zoning map have been filed with the Miner County Auditor for public inspection and review during regular business hours, and
WHEREAS, all ordinances or parts of regulations in conflict herewith are hereby expressly repealed;
THEREFORE, BE IT ORDAINED that the Miner County Zoning Ordinance is hereby adopted by the Board of County Commissioners, Miner County, South Dakota.
Adopted this 4th day of April, 2023.
Alex Protsch, Chairperson
Miner County Board of County Commissioners
Attest: Susan Connor, Miner County Auditor
It was moved by Clary, seconded by Reisch and carried that the following items be declared no longer necessary, useful or suitable for the purpose for which they were acquired: 3 AR 223 caliber rifle uppers with mounted EoTech red dot optics and schedule the public auction of such on May 2nd at 10:15 a.m.
Protsch asked for clarification on the county’s sick leave policy and the process in which employees may donate sick & vacation leave to another employee who has exhausted all leave. No changes were made to the current policy.
A public hearing was held as advertised to consider the application from Nick Jones-Pheasant Run Ranch located in Tract A of Landaker’s Addition in the NW ¼, Section 17, Township 106 N, Range 55 W, Clearwater Township, Miner County SD for an on-sale liquor license to operate outside of a municipality for the 2023 licensing period. Present for the hearing included the applicant Nick Jones, Jim Litterick Henden Township Chairman, Sheriff Rob Eggert, 4-H Youth Advisor Jill Calmus, and DOE Tami Severson. Jones explained that he is wanting this license to provide alcohol to his customers that hunt at his hunting lodge. He would like to purchase liquor from a liquor distributor instead of purchasing outside of the county at retail establishments. Commissioner Faber asked Jones if he has a current SD sales tax license. Jones stated that he did not. A requirement for issuing a liquor license is the presence of a sales tax license. Jones stated that he would not be offering the liquor for sale but that the price of the alcohol would be included in the price of the hunts he offered. He stated this was new territory for him and if at such time another business would want the liquor license, and the county did not have another license to issue, he would be willing to relinquish this license. The board asked if he had talked with the SD Dept. of Revenue concerning the requirements for obtaining a license. Jones indicated that he had not. The board suggested he make contact with the DOR at which time that information could be shared with the board. It was moved by Faber, seconded by Bechen and carried to table the application. Jim Litterick stated he was in objection to granting this license. The Henden Township Board does not approve of having a liquor license in Clearwater Township. Another public hearing will be scheduled to consider the tabled application and will be advertised as required.
4-H Youth Advisor Jill Calmus joined the meeting to present the 4-H Youth Quarterly Report. She reported that approximately 90 members are enrolled in 4-H, Clover buds will meet for the last time this month, YQAC has been completed by those enrolled in those project areas, Shooting Sports members will be participating in the State Shoot, June 20th has been set for the county horse show, a Lego Robotic Camp has been scheduled and various other 4-H activities. The 4-H Expansion committee will begin meeting quarterly. Members of that committee include: Brenda Enck, Heather Poulson, Tom Reisch, Kevin Schwader, Chad Podhradsky, Keegan Schwader, Melanie Calmus, Kayleigh Schwader, Maria Feldhaus, Brittany Yanish and Zach Jacobson. The 2023 Miner County Achievement Days will be held July 31-August 2nd. Calmus also reported that Lynn Borgers has donated trees to be moved to the newly established camp ground. Fund raising for the Swine, Sheep & Goat barn is moving along. So far, $39,250 in donations have been received putting the total available for the project at $106,000. Those who wish to contribute are encouraged to get their donations to the 4-H office by April 28th.
It was moved by Faber, seconded by Bechen and carried that the following items be declared no longer necessary, useful or suitable for the purpose for which they were acquired: desks and filing cabinets and offer for Public Auction on May 2nd at 10:15 a.m.
The bid opening for the 2023 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 $345; Neises Mowing $282. It was moved by Bechen, seconded by Clary to enter into a contract with Neises Mowing for the mowing of the 4-H grounds $282/mowing & trimming. Voting aye: Clary, Faber, Protsch, Reisch and Bechen. Voting nay: none. Motion carried.
Jessica Charles appeared on behalf of Jon Mentele of Miner County Recreation requesting recreation funds from the county. Miner County Recreation assists all Miner County Youth. It was moved by Clary, seconded by Bechen and carried to grant $3500 to Miner County Recreation.
It was moved by Faber and seconded by Reisch and carried to enter into executive session (SDCL 1-25-2 (3) at 11:13. Those present included commissioners, auditor Connor and State’s Attorney Ellendorf. The board returned to regular session at 11:42.
Having no further business, the meeting adjourned until April 11th for Board of Equalization. Dated this 4th day of April, 2023.
Alex Protsch, Chairman
Miner County Board of Commissioners
Attest: Susan Connor, Miner County Auditor