July 5, 2023

July 5, 2023

The Miner County Board of Commissioners met in regular session on July 5, 2023 in the Miner County Courthouse Commission room.  Members present: Alex Protsch, Tom Reisch, Joe Bechen, Mike Clary and Kathy Faber. Absent:  none.  The flag pledge was recited.  Motion by Faber, seconded by Bechen and carried to approve the agenda.  Commissioner Clary reported on the recently held Dispatch/911 Board meeting.  No persons appeared for public comment.

The minutes of the June 20th meeting were approved. 

The auditor’s account with the county treasurer showed a June 30, 2023 balance of $6,648,618.57 in all state, county, civil, school and trust accounts.

It was moved by Bechen, seconded by Faber carried to authorize the auditor to pay the following claims:  Road & Bridge $45,110.74, Wellmark $56,442.65, Delta Dental $1,627.39, Kansas City Life $466.24, Retirement $7,397.83, OASI $10,640.23, Commissioners $4,655.25, Auditor $8,143.25, Treasurer $7,436.25, States Attorney $5,880.00, Govt Building $3,948.68, Director of Equalization $9,703.71, Register of Deeds $7,675.92, Vet Service $575.00, Sheriff $11,877.25, Highway Safety $496.44, Contract Law $4,031.75, Welfare $859.60, Co Nurse $1,473.50, Ambulance $8870.42, WIC $100.00, Extension $1,473.50, Weed $1,346.50, Dispatch $18,522.70, Emergency Mgt $2,500.75 JUNE PAYROLL; Santel $55.12, Triotel $169.53 911 CHARGES; Lammers, Kleibacker, Dawson & Miller $1,371.45 COURT APPT ATTY; Vikor Teleconstruction $12,702.47 EQUIPMENT; Co Employee $2,000.00 INSURANCE REIMBURSEMENT; Mark Neises $564.00 MOWING; Miner Co Treasurer $102.83 POSTAGE; Anne Aamot $200.00 PROFESSIONAL SERVICE; Miner County Pioneer $416.54 PUBLISHING; Trane US $25,400.00 REPAIRS; Homestead Building Supply $29.12 ROAD MATERIALS; Kristian Ellendorf $900.00 STATE’S ATTY OFFICE EXPENSE; Relx Inc. $149.00 SUBSCRIPTION; Dust-Tex $171.90, Miner Co Treasurer $16.35, Tim Reisch $433.33, Tami Severson $20.00, Brittany Yanish $31.95 SUPPLIES; Alliance $968.08, AT&T $326.58, Susan Connor $30.00, Erin Feldhaus $30.00, Lori Kiehl $30.00, Tami Severson $30.00, Molly Steeneck $30.00, Verizon $93.90 TELEPHONE; Holiday Inn City Centre $450.00, Darcy Laible $100.00, Tami Severson $100.00, SD Emergency Management Assn $100.00 TRAVEL; City of Howard $3,167.01, Northwestern $63.95 UTILITIES.

The board acknowledged receipt of the following correspondence:  Miner County Sheriff’s May report; Safe Place Thank You.

The board reviewed the draft burn ban ordinance to make changes to the implementation of a burn ban.  Commissioners had questions pertaining to the draft and therefore postponed any action on the ordinance.

Highway Superintendent Ron Krempges reported that asphalt patching has been completed in Miner County and mowing of county oil roads is done with the mowers moving to county gravel roads this week.  The board instructed Krempges to notify Kingsbury County to proceed with crushing 10,000 tons of gravel.  The 2013 Caterpillar blade’s extended warranty will expire on August 1st and cannot be renewed.  VanderHaag Salvage will dispose of the 2005 Sterling truck (T4) as required by the Volkswagen Truck Program.

Christy Stock of the Adams Township board presented the updated application for the installation of culverts through the Rural Infrastructure program.  It was moved by Reisch, seconded by Faber and carried to approve the updated applications totaling $111,442.68.

It was moved by Clary, seconded by Bechen and carried to authorize the auditor to make automatic supplement for storm damage Govt. Building $22,860.

It was moved by Bechen, seconded by Faber and carried to authorize the auditor to cancel warrant #111539 written to All States Ag Parts, $50.  This check had been destroyed by the vendor as there was not a balance due. 

Auditor Connor informed the board that the current Personnel Policy needs to be updated due to the change in the hours in which the county offices are open.  A copy of the policy along with the updates needed will be forwarded to the board for their consideration at the July 18th meeting. 

The board instructed the auditor to provide a list to Miner Insurance of tax deed properties held by the county to ensure coverage of such properties. 

A public hearing was held as advertised to consider the application from Nick Kolterman-Sun Catcher Acres located in Lot A in SW4, Section 23, Township 106 N, Range 58 W, Clinton Township, Miner County SD for an on-sale liquor license and an off-sale liquor license to operate outside of a municipality for the 2023 licensing period.  Present for the hearing included the applicant Nick Kolterman, Robert Peterson & Vicki Vining of Clinton Twp. board, Planning & Zoning Director Tami Severson, Deputy State’s Attorney Greg Protsch and various county employees.  Mr. Kolterman stated his request for the liquor licenses is to provide further services to those individuals renting his lodges located on the property.  He plans to construct a 4800 sq. foot entertainment venue to host larger groups for wedding receptions, graduations, family reunions and such. These facilities would not be open to the public, only for those renting the facilities, except during hunting season.  Kolterman stated that with constructing this facility, he would be increasing opportunities for other local businesses (caterers, grocery stores).  

Robert Peterson speaking on behalf of the Clinton Twp board stated the board is not in favor of granting these liquor applications for the following reasons:  law enforcement coverage for policing the area; increased traffic on the gravel roads; additional road maintenance required due to the increased traffic; and the zoning of the property which is currently zoned AG. 

Commissioner Clary inquired about the off-sale license and the hours of operation.  Kolterman stated the facility would not be open to the general public until hunting season.  At that time the sale of off-sale liquor would be available during regular hours.  Commissioner Faber asked if he had the required conditional use permit from Miner County to operate such a business.  Kolterman stated he had obtained State license and pays the fee for such.  Zoning Administrator/DOE Severson explained the classification of the property for zoning purposes and for taxing purposes.  Deputy State’s Attorney Protsch suggested the board table the license applications until the matter of obtaining a conditional use for the property.  It was moved by Faber, seconded by Clary and carried to table the applications for on-sale liquor and for off-sale liquor until the zoning matter is resolved.  A new public hearing will be set to consider these applications and notice will be published in the Miner County Pioneer. 

Treasurer Jessica Charles informed the commission that the required wait period has been completed on the following properties that were taken by tax deed.

It was moved by Reisch, seconded by Faber and carried unanimously to declare surplus and transfer ownership by quit claim deed to Canova Village

 Outlot Two (2) Except the East 116’ and East 68’ of Outlot Three (3), Canova Village, Aldrich Addition, Miner County, SD. 


It was moved by Bechen, seconded by Faber and carried unanimously to declare surplus and sell at public auction on August 3rd

The North Twenty Feet (n 20’) of Lot Four (4), Block Three (3), Roswell Village, Original Plat, Miner County, SD.


            Charles requested the taxes associated with parcel #3181 be abated as she had acquired the property by quit claim deed from the property owner.  This matter is tabled until advice is received from State’s Attorney Ellendorf. 

            Zoning Administrator Severson requested a clarification on the fees charged for zoning applications.  Fee schedules from a few other counties were reviewed.  The board requested Severson present an updated fee schedule to be considered at the July 18th meeting.  During this time, it was brought to the commissioners’ attention of a violation of the zoning ordinance.  A notice of non-compliance with solutions to rectify the matter will be mailed to the landowner. 

            It was moved by Reisch and seconded by Bechen that the following resolution be adopted.


            WHEREAS, Assistance having been granted for case number 2020-01, by the County of Miner, on October 20, 2020, in the total of $1,759.78 for S.M.

            WHEREAS, it has been proposed that said County lien be released and the County has agreed to release the same, and

            WHEREAS, it appears to all members of the Board of County Commissioners of said Miner County, that it is to the advantage, benefit, and best interests of said Miner County, South Dakota, that said lien be released and satisfied, understanding that additional and unrelated liens exist under the same case number for other parties and with regard to different liens under the name, S.M., and all others will remain unaffected by this resolution, and

            WHEREAS, the lien in the amount of $1,759.78 against the following described real property, to wit:

            Lot Eleven A (11A) and Lot Eleven D (11D) of the Southwest Quarter (SW ¼) of Section Two (2), Township One Hundred Six (106) North, Range Fifty-six (56), West of the 5th P.M., Miner County, South Dakota;

Should also be release and satisfied as stated herein.

            NOW THEREFORE BE IT RESOLVED, that the said County of Miner, South Dakota, hereby agrees to satisfy said County lien above described, which said lien has been filed into case number 2020-01 in the office of the Register of Deeds of Miner County, South Dakota, against S.M., and that the Chairman of the Board of County Commissioners and the County Auditor are authorized to execute the proper release of said lien, dated October 20, 2020, for the amount of $1,759.78 against S.M. on behalf of said County, releasing said lien as it relates to the above described property, amount, and individual person.

            Voting aye:  Reisch, Bechen, Faber, Clary and Protsch.  Voting nay:  none.  Resolution adopted this 5th day of July, 2023. 

                                                                                    Alex Protsch, Chairman

                                                                                    Miner County Board of Commissioners

Attest:  Susan Connor, Miner County Auditor

            Auditor Connor distributed the 2024 provisional budget working papers for the commissioners’ review.  Several department heads were present at the meeting.  Further review of the 2024 budget will take place at the July 18th meeting.

It was moved by Faber, seconded by Bechen and carried to enter into executive session (SDCL 1-25-2 (3) at 11:37.  Returned to regular session at 11:49. 

        Having no further business, the meeting adjourned until July 18th.  Dated this 5th day of July, 2023.

                                                                                    Alex Protsch, Chairman

                                                                                    Miner County Board of Commissioners

Attest: Susan Connor, Miner County Auditor



Contact Info

Please see department pages for direct contact information.

Physical Address: 

Miner County Courthouse

Park Ave. & Main St

401 N. Main St.

Howard, SD 57349


Office Hours: 

7:30am-12:00pm & 12:30pm-4:00pm

Monday - Friday

(Sheriff/Dispatch Office Open 24/7)