May 2, 2023


May 2, 2023

The Miner County Board of Commissioners met in regular session on May 2, 2023 in the Miner County Courthouse Commission room.  Members present: Alex Protsch, Tom Reisch, Joe Bechen, and Kathy Faber. Absent:  Mike Clary.  The flag pledge was recited.  Motion by Bechen, seconded by Faber and carried to approve the agenda.  Commissioners Protsch and Reisch reported on their attendance at the SDACC Spring workshop.  No persons appeared for public comment.

            The minutes of the April 18th meeting were approved. 

The auditor’s account with the county treasurer showed an April 30, 2023 balance of $7,894,329.06 in all state, county, civil, school and trust accounts.

It was moved by Reisch, seconded by Faber carried to authorize the auditor to pay the following claims: Road & Bridge $39,556.33, Wellmark $54,919.95, Delta Dental $1,647.34, Kansas City Life $470.37, Retirement $6,921.40, OASI $9,858.64, Commissioners $4,655.25, Auditor $8,143.25, Treasurer $7,436.25, States Attorney $5,880.00, Govt Building $3,139.56, Director of Equalization $8,687.10 (includes Amanda Austerman at $20.07/hr), Register of Deeds $7,164.72, Vet Service $575.00, Sheriff $12,293.91, Contract Law $4,159.31, Welfare $548.00, Co Nurse $1,473.50, Ambulance $12,303.04, WIC $100.00, Extension $1,473.50, Weed $1,346.50, Dispatch $14,205.25, Emergency Mgt $2,500.75 APR PAYROLL; Josh Hahn $14.00 PAYROLL TRAVEL; Redwood Toxicology Lab $50.00 BLOOD ALCOHOL; SD DOT $579.22, Ulteig $3,954.00 CONTRACTED MAINTENANCE; Assn of SD Co Weed & Pest Boards $200.00, Natl Sheriff’s Assn $71.00 DUES; Madison Ace Hardware $17.99 FUEL; LifeQuest $2,500.00, Miner Co Conservation District $7,000.00 GRANT; Emergency Safety Education $135.00 IN SERVICE EDUCATION; Co Employee $67.25 INSURANCE REIMBURSEMENT; Miner Co Pioneer $431.60 PUBLISHING; Kelly Sherman $135.71 REIMBURSEMENT; ES&S $4,667.25, Midwest Fire & Safety $653.00, Prostrollo Auto Mall $60.00, Sturdevant’s $90.70, Trane $601.00, Two Way Solutions $238.97 REPAIRS; Kimball Midwest $272.69, Sign Solutions USA $721.73 ROAD MATERIALS; Kristian Ellendorf $900.00 STATE’S ATTY OFFICE EXPENSEClean Sweep Industries $183.00, Dust-Tex $171.90, Madison Ace Hardware $292.49, Pheasantland Industries-Garment $2,091.80, Tim Reisch $433.33, Tami Severson $20.00 SUPPLIES; Alliance $992.88, AT&T $326.58, Susan Connor $30.00, Erin Feldhaus $30.00, Lori Kiehl $30.00, Tami Severson $30.00, Molly Steeneck $30.00, Danielle Werkmeister $30.00 TELEPHONE; Beadle Co Auditor $77.34, Mike Clary $425.00, Susan Connor $135.24, Rob Eggert $115.00, Brandon Jacobson $7.65, Kim Lewis $12.75, Dan Page $16.83, Ramkota $657.00, SDAAO $750.00, SDACO $400.00, Lodge at Deadwood $208.00, Wyatt Walter $15.30, Garret Werkmeister $359.02 TRAVEL; City of Howard $2,740.13, Northwestern Energy $1,918.38 UTILITIES.

The board acknowledged receipt of the following correspondence:  Miner Conservation District & NRCS February reports; City of Howard Surcharge for Wastewater System Project.

Highway Superintendent Ron Krempges reported that spring load limits have been removed and that the traffic count on the Carthage oil will begin in a week.  After the count has been completed Krempges will present a recommendation on whether or not to the commission to increase the tonnage to 50 Ton on the Carthage road only.  Krempges presented the SD DOT road striping agreement.  It was moved by Faber, seconded by Bechen and carried to authorize Chairman Protsch to sign the 2023 Joint Powers Agreement to provide for the striping of county roads within Miner County.  Krempges also informed the board on city cleanup days, plans for crack sealing the courthouse parking lot in 2023 and chip sealing the parking lot in 2024. 

The board considered issuance of malt beverage licenses to operate outside of a municipality for the 2023-2024 licensing period.  It was moved by Bechen, seconded by Reisch and carried unanimously to approve the Retail (on-off sale) malt beverage & SD farm wine license application for CC & F Retail Inc. (Jake’s Corner) for Tract A of Bessman’s First Addition the NW ¼ of S12, T106, R55, W of the 5th PM, and Tract B of Bessman’s Addition in the NW ¼ of S12, T106, R55, W of the 5th PM, Miner County, South Dakota.

The board briefly discussed the option of appointing alternates to serve on the Miner County Planning & Zoning Boards.  Appointment of alternates shall be placed on the May 16th agenda for consideration. 

A public auction was held as advertised.  It was moved by Faber, seconded by Reisch and carried to approve the following sales: office desks $10, filing cabinet $10 and three rifle uppers with mounted EoTech optics $1125. 

The board recessed as a Board of Commissioners and reconvened as a Planning & Zoning Board.  A public hearing was held as advertised to consider the application for a variance from David & Marcia Miller.  Present for the hearing included Zoning Administrator Tami Severson, applicant David Miller, and board members:  Protsch, Reisch, Bechen and Faber.  David Miller explained the reasoning for placement of the shed on the property to facilitate movement of trucks into the shed and will be in line with the existing shelter belt.  After consideration of information presented it was moved by Bechen and seconded by Reisch 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






            That the applicants, David J & Marcia Miller, have made an application for a variance to construct a shed closer to the road than current zoning allows in their parcel described as NE4NE4 of Section 22, T106N, R56W, Howard Township, Miner County, South Dakota, and that they are the owner of record thereof.


            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.



            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.



            That hearing upon said application was held on May 2, 2023, in the Commission Room of the Miner County Courthouse.



            That applicant, David Miller appeared in person.


            That no person appeared in objection to granting the variance.


            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 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 David J & Marcia Miller for a variance to construct a shed closer to the road 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.



               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 2nd day of May, 2023.


                                                                       Alex Protsch, Chairman

                                                                        Miner County Board of Adjustment

Attest:Susan Connor, Secretary

The board reviewed the quote from VIKOR for the replacement of the faulty lighting system on the county owned communications tower located on SD Hwy 25.  It was moved by Reisch, seconded by Faber and carried unanimously to approve option 1:  Retrofit Kit $10605.

Fedora Fire Chief Adam North and Howard Fire Chief Kevin Feldhaus joined the meeting to discuss the Miner County Burn Ban Ordinance.  Feldhaus stated that at this time the vegetation is greening up and burning at this time would benefit by removing the dead undergrowth.  Most of the grass fires do not occur from intentional burning.  They are usually equipment related.  Feldhaus and North would like to see the commission enact an updated burn ban ordinance where the ban is put in place when the National Weather Service issues a “Red Flag Warning”.  By utilizing this method, burning would be controlled by the issuance of the warning.  The commission appreciated their input and will research possible changes to the current ordinance to utilize this type of implementation.    

Having no further business, the meeting adjourned until May 16th.  Dated this 2nd day of May, 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)