June 20, 2023
The Miner County Board of Commissioners met in regular session on June 20, 2023 in the Miner County Courthouse Commission Room. Members present: Alex Protsch, Tom Reisch, Joe Bechen, and Mike Clary. Absent: Kathy Faber. Others present for portions of the meeting included Tami Severson. The flag pledge was recited. Motion by Reisch, seconded by Bechen and carried to approve the agenda as amended. No Commission report of meetings attended was given. The minutes of the June 6th meeting were approved with the following amendments: change date from May 2 to June 6th; Vanessa Walters to Vanessa Walter; and “It was moved by Faber, seconded by Bechen and carried to appoint Kari Jo Carlson to serve as an alternate planning and zoning board member effective immediately. The commission thanked Carlson for agreeing to serve Miner County in this capacity.”
It was moved by Clary, seconded by Bechen and carried to authorize the auditor to pay the following claims: SDACC $640.00 CLERP; ICAP $738.67 COMMUNITY ACTION PAYMENT; Lammers, Kleibacker, Miller & Dawson $433.35 COURT APPT ATTY; SD Federal Property Agency $650.00 EQUIPMENT; Elan Financial Services $206.23, Wingen’s Garage $3,394.21 FUEL; Emergency Safety Education $135.00 IN SERVICE EDUCATION; Co Employee $406.15 INSURANCE REIMBURSEMENT; Miner Co Treasurer $141.12 POSTAGE; Microfilm Imaging Systems $660.00 RENT; James Valley Landscape $1,024.00, Office Peeps $144.57, Ultra $198.00 REPAIRS; Grainger $259.62, Howard FFA $117.00, Miner Co Treasurer $147.71, Office Peeps $72.17, John Sherman $73.95, SD Federal Property Agency $234.50, Timmer Supply $4.08, Wheelco $312.45 SUPPLIES; Joe Bechen $25.50, Elan Financial Services $260.28, Kent Terwilliger $309.03 TRAVEL; Factor360 $600.00 WEBSITE.
The board acknowledged receipt of the following correspondence: SD Ethanol Producers Association – Support of Summit Carbon Pipeline; Miner County Moisture Report; SD Dept. Ag & Ntrl Resources-Pesticide & Biosolids General Permit Notices.
Public Comment: Emergency Management Director Kent Terwilliger informed the board of the full-scale exercise that will be held on June 24th at 8:00 a.m. in Canova.
Terwilliger reviewed the estimates from Two Way Solutions & Vikor for repairs to the Fedora tower. It was moved by Clary, seconded by Reisch and carried unanimously to approve the quote from Two Way Solutions for a SLR 5700 Repeater, $9,073.20.
It was moved by Clary, seconded by Bechen and carried unanimously to authorize Chairman Protsch to sign the bid of VIKOR for 320 Feet of L Cable for the Fedora tower, $2098.00.
No draft of the proposed burn ban ordinance was available for review. This matter will be placed on the July 5th agenda.
As Miner County 4-H Achievement Days will be held July 31-August 2nd, the scheduled August 1st meeting of the Board of Commissioners will be moved to Thursday August 3rd at 9:00 a.m.
Governor Noem has granted administrative leave to all state employees on July 3rd. It is the consensus of the commission that county employees will work on July 3rd. County offices will be open on July 3rd but will be closed on July 4th.
Members of the Adams Township Board (Steve Jacobson, Terry Klinkhammer, Jason Feldhaus and Christy Stock) presented information on the township’s 2022 Rural Infrastructure Program application. Since the submission and approval of the application, an updated cost estimate has been received from the contractor. The original cost estimate was $91,328.92. The updated estimate is $111,442.68. The township is requesting the county approve the additional request to complete the project. The board instructed the township to complete an updated application form that will be considered at the July 5th board meeting.
Amie Kidd, Highway Office Assistant, presented two quotes for a replacement copier for the highway department. The current copier is no longer repairable so therefore must be replaced. Two quotes were received: Used Toshiba 3015AC $3595.00 and New Toshiba 2424AC $5526.00. The commission instructed Kidd to proceed with the purchase of the Toshiba 3015AC.
The board recessed as a Board of Commissioners and reconvened as a Planning & Zoning Board acting as the Board of Adjustments. Board members present: Alex Protsch, Kari Jo Carlson (alternate), Joe Bechen and Mike Clary. Tom Reisch excused himself from the board. A public hearing was held as advertised to consider the application for a variance from Tim & Anne Reisch to construct a 26’X40’ garage within (approximately) 9’ of the adjoining property line on their property described as Lot 3 of Clements Addition NW4 of Section 11, T106N, R56W, Howard Township, Miner County South Dakota. Present for the hearing included Zoning Administrator Tami Severson, applicant Tim Reisch, Bruce Yanish, Kent Terwilliger and Tom Reisch.
Tim Reisch explained that he is requesting a variance from the required 50’ setback to adjoining landowners. The placement of the garage is requested due to the location of the existing driveway and current location of the electrical line servicing their house. An easement for the City of Howard’s electrical line is also located near the requested location for the garage. Reisch indicated that he and Bruce Yanish (the adjoining landowner) have discussed the matter. Yanish stated two concerns: #1 that enough space be provided for the City of Howard to access the transformer that supplies power to 3 surrounding homes & #2 nine feet is too close to the property line. After discussions Yanish and Reisch agreed to a 25’ setback from the property line. With consideration of the information presented it was moved by Bechen and seconded by Carlson 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
TIM & ANNE REISCH FOR A VARIANCE )
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FINDINGS
I
That the applicants, Tim & Anne Reisch, have made an application for a variance to construct a garage closer to the property line than current zoning allows in their parcel described as Lot 3 of Clements Addition NW4 of Section 11, T106N, R56W, Howard Township, Miner County, South Dakota, and that they are the owner 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 June 20, 2023, in the Commission Room of the Miner County Courthouse.
V
That applicant, Tim Reisch appeared in person.
VI
That Bruce Yanish (adjoining landowner) appeared with concerns 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 testimony of concerns to the granting of the variance was received at the hearing.
VIII
That the adjoining landowners, Reisch and Yanish, came to an agreement of a setback to the property line of 25 feet.
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 Tim & Anne Reisch for a variance to construct a garage closer to the property line than current zoning allows 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.
IX
That the Board of Adjustments is requiring a 25’ set back from the property line for this variance.
X
That the Board of Adjustment vote upon approval of such application was four in favor thereof and none opposed thereto.
It is, therefore, ORDERED that said application be approved.
Dated this 20th day of June, 2023.
Alex Protsch, Chairman
Miner County Board of Adjustment
Attest: Susan Connor, Secretary
The board adjourned as a Planning & Zoning Board and reconvened as a Board of Commissioners.
An individual addressed the commission as to a county poor lien that was filed against them. The individual had filed bankruptcy for this debt prior to the county paying the hospital and filing the lien. Therefore, this lien should not have been filed. The board will request the State’s Attorney to prepare a resolution for release of lien which will be considered at the July 5th meeting.
Director of Equalization Tami Severson presented the following plat for consideration. It was moved by Reisch and seconded by Bechen to adopt the following resolution.
RESOLUTION 23-13
BE IT RESOLVED, by the Board of County Commissioners of Miner County, South Dakota, that the plat of TRACT 1 OF CLITES ADDITION, AN ADDITION IN THE WEST HALF OF SECTION 18, TOWNSHIP 108 NORTH, RANGE 57 WEST OF THE 5TH PRINCIPAL MERIDIAN, MINER COUNTY, SOUTH DAKOTA, as described above and drawn heron, appears to conform to the system of roads, existing plats, and section lines of Miner County and that adequate provisions have been made for access to adjacent unplatted lands and that all provisions of Miner County Subdivision Regulations have been complied with. Furthermore, all taxes and special assessments upon the Tract or subdivision have been paid and that the plat and the survey thereof have been lawfully executed. Said plat is approved and accepted and the Chairman is hereby instructed to endorse on such plat this resolution and to certify the same.
Voting aye: Reisch, Bechen, Clary and Protsch. Voting nay: none. Resolution adopted this 20th day of June 2023.
Alex Protsch, Chairman
Miner County Board of Commissioners
Attest: Susan Connor, Miner County Auditor
The Commissioners received a road closure request from Leroy Ainslie for July 29, 2023. He would like to close a small section of 421st Ave in Fedora for a car show. Ainslie stated that through traffic could use 2nd Street. Commissioners had no objections to the road closure for this event.
Commissioners briefly reviewed the sheriff’s 2024 budget request. Further discussion will take place at the July 5th meeting.
Having no further business, the meeting adjourned until July 5th. Dated this 20th day of June, 2023.
Alex Protsch, Chairman
Miner County Board of Commissioners
Attest: Susan Connor, Miner County Auditor