November 21, 2023
The Miner County Board of Commissioners met in regular session on November 21, 2023 in the Miner County Courthouse Commission Room. Members present: Alex Protsch, Tom Reisch, Kathy Faber, Mike Clary and Joe Bechen. Absent: none. Others present for portions of the meeting included Jessica Charles and Tami Severson. Chairman Protsch called the meeting to order. The flag pledge was recited. Motion by Bechen, seconded by Faber and carried to approve the agenda. The minutes of the November 7th meeting were approved.
It was moved by Faber, seconded by Reisch and carried to authorize the auditor to pay the following claims: Road & Bridge $46,528.26, Wellmark $54,854.96, Delta Dental $1,695.80, Kansas City Life $481.87, Retirement $7,444.29, OASI $11,071.39, Commissioners $4,655.25, Auditor $8,943.25, Treasurer $7,686.25, States Attorney $7,466.24, Govt Building $3,150.80, Director of Equalization $9,641.49, Register of Deeds $8,752.12, Vet Service $675.00, Sheriff $13,965.72, Coronor $75.00, Contract Law $4,952.74, Welfare $515.76, Co Nurse $1,577.25, Ambulance $9,769.42, WIC $101.00, Extension $1,577.25, Weed $1,664.04, Dispatch $17,490.24, Emergency Mgt $2,582.00 NOV PAYROLL; Tami Severson $28.00 PAYROLL TRAVEL; SDSU Extension $10,213.00 4-H PMT TO STATE; Willoughby Funeral Home $2,640.00 BURIAL EXPENSE; Lammers Kleibacker, Dawson & Miller $2,792.65 COURT APPT ATTY FEES; Ultra $1,425.00 EQUIPMENT; Elan Financial Services $76.22, Wingen’s Garage $3,143.37 FUEL; Co Employee $568.76, Miner Insurance Agency $72,598.00 INSURANCE; Abby J. Oftedal $404.00 MENTAL ILLNESS HEARING; First District Assn Local Govts $4,000.00, Geotek Engineering $410.00 PROFESSIONAL SERVICES; Office Ally $35.00 PROCESSING FEE; Miner County Pioneer $701.82 PUBLISHING; Microfilm Imaging Systems $385.00 RENT; A&B Pest Control $32.50, FM Acoustical Tile $4,130.00, Wingen’s Garage $182.00 REPAIRS; Kimball Midwest $259.20, Rolling Prairie Grain $5,464.22, Truenorth Steel $114.30, White Cap L.P. $125.34 ROAD MATERIALS; Canova Service Center $12.73, Diamond Mowers $455.98, DMC Wear Parts $26,920.00, Elan Financial Services $37.85, Gall’s $104.00, Jack’s Uniforms $380.04, John Deere Financial $175.39, Mid-American Research $1,101.10, North Central Int’l $117.41, Puthoff Repair $576.57, Ultra $95.50, Wheelco $347.12, Wingen’s Garage $1,531.00 SUPPLIES; Elan Financial Services $266.97, Ramkota-Pierre $435.00, Sheraton $238.00, SD Sheriffs Assn $125.00 TRAVEL.
The commission acknowledge receipt of the following correspondence: Miner County Sheriff October report; Veteran Services Officer October report; SD Dept of Health Restructuring explanation.
The board considered the application from Nicholas Kolterman-Suncatcher Acres, Inc. for an on-sale liquor license to operate outside of a municipality for the 2024 licensing period located in Lot A in SW4 23-106-58, Clinton Township. Nicholas Kolterman was in attendance. Kolterman assured the commission that no shooting range was located on his property. Those who stay at the facility do hunt in the area. It was moved by Reisch, seconded by Clary and carried to approve the applications of Nicholas Kolterman-Suncatcher Acres, Inc. for the 2024 operating period.
It was moved by Bechen, seconded by Faber and carried to abate the 2022 taxes payable in 2023 which are associated with tax deed property-parcels #3216-$282.34 & #4111 $1.52.
Commissioners received correspondence informing them of Governor Noem’s order granting administrative leave on December 26th to state employees. The commission stated county offices will be open on December 26th.
It was moved by Faber, seconded by Clary and carried to authorize the auditor to make an automatic supplement for grant funds received for Emergency Management $7130.70 and for insurance proceeds for Courthouse Building $25,400.
It was moved by Reisch and seconded by Bechen to adopt the following resolution
RESOLUTION 23-23
WHEREAS, insufficient appropriation was made in the 2023 budget for the following departments 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 Court Appointed Attorney $4000.
Voting aye: Bechen, Reisch, Clary, and Faber. Voting nay: none. Resolution approved this 17th day of October, 2023.
Alex Protsch Chairman
Miner County Board of Commissioners
Attest: Susan Connor, Miner County Auditor
Highway superintendent Ron Krempges reviewed various highway department projects: 4-H building dirt work has been completed, grant funds have been received through the Volkswagen grant program, mowing, back sloping and other highway matters.
Commissioners discussed WIC services. It was moved by Bechen, seconded by Faber and carried to terminate the agreement with the SD Dept. of Health for WIC services effective November 21, 2023. WIC services will be available through the SD Dept. of Health virtually and serviced through the Huron regional office.
It was moved by Reisch, seconded by Clary and carried to grant usage of the community health office for a WIC office on a quarterly basis. WIC personnel must coordinate the schedule with the Miner County CHN. CHN services will take precedence.
It was moved by Bechen, seconded by Faber and carried to recess as a Board of Commissioners and reconvene as a Planning & Zoning Board acting as a Board of Adjustments. Planning & Zoning Chairman Protsch took the chair. Board members present: Alex Protsch, Tom Reisch, Joe Bechen, Kathy Faber and Mike Clary. A public hearing was held as advertised to consider a request for a conditional use permit from Shannon Hutterian Brethren Inc. The request, if granted, would permit the applicant to add seasonal populations of 1200 broiler chickens and 350 ducks for an increase of 22 animal units to an existing CAFO in the SW4 of Section 15, T106N, R55W, Clearwater Township, Miner County, South Dakota. Present for the hearing included Zoning Administrator Tami Severson, Shannon Colony representative Mark Wipf, Brian Fredrichs of Dakota Environmental, Ted Boomsma, Larry & Janet Haak, and Jim Haak. Severson explained the conditional use would be utilizing a 146’ x 74’ existing building. The poultry portion would utilize approximately 26’ x 74’. Brian Fredrickson stated the facility is awaiting DENR approval pending the outcome of the conditional use hearing. Commissioner Bechen asked if the colony’s water supplier had any issues with water usage for the colony. The additional number of animal units for this conditional use will have minimal effect on the water usage.
James Haak presented a written opposition to the conditional use due to water runoff that has occurred throughout the addition of buildings at the colony site. He stated the land in which his family owns has seen increased water runoff due to the alteration of the site. Larry Haak suggested a run off pond be installed to prevent further runoff from the site. Clearwater Township official Roger Laible voiced concerns as to the colony not abiding by the road haul agreement that was put in place between the county, township and colony.
Planning & Zoning Chairman suggested those matters of run-off and road haul agreement should be placed on a future commission agenda as those matters do not have an effect on the granting of the conditional use.
It was moved by Reisch, seconded by Clary 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
SHANNON HUTTERIAN BRETHREN, INC FOR A CONDITIONAL USE )
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FINDINGS
I
That the applicant Shannon Hutterian Brethren, Inc. by Mark. Wipf, has made an application for a conditional use to add seasonal populations of 1200 broiler chickens and 350 ducks for an increase of 22 animal units to an existing CAFO in the SW4 of Section 15, T106N, R55W, Clearwater 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 conditional use, for which they have applied.
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 November 21, 2023 in the Commission room of the Miner County Courthouse.
V
That applicant, Shannon Colony represented by Mark Wipf appeared in person.
VI
That Brian Fredrickson of Dakota Environmental and Ted Boomsma appeared on behalf of Shannon Colony in support of said conditional use.
VII
That written testimony was received and presented from James Haak in concerns to granting said conditional use.
VIII
That a presentation in support of said conditional use and testimony on behalf of said conditional use was received at the hearing and that concerns to the granting of the conditional use were received at the hearing.
NOW, THEREFORE, that application, testimony at the hearing, and arguments of individuals at the hearing all having been considered, it is the FINDING of the Miner County Board of Adjustment that the application of Shannon Hutterian Brethren, Inc. for a conditional use be approved for the following reasons:
1) That the Miner County Board of Adjustment is empowered under Section 505 of the Miner County Zoning Ordinance to grant with conditions the conditional use and that the granting of the conditional use will not adversely affect the public interest.
2) That the Miner County Board of Adjustment certifies compliance with the specific rules governing individual conditional uses.
3) That the Miner County Board of Adjustment is able to make the applicable findings required by Section 505, Subsection 4 & 5 of the ordinance, which are considered prerequisite to the granting of a conditional use.
IX
That the Board of Adjustment vote upon approval of such application was five in favor thereof and none opposed thereto.
It is, therefore, ORDERED that said application to permit the applicant to add seasonal populations of 1200 broiler chickens and 350 ducks for an increase of 22 animal units to an existing CAFO in the SW4 of Section 15, T106N, R55W, Clearwater Township, Miner County, South Dakota be approved.
Dated this 21st day of November 2023.
Alex Protsch, Chairman
Miner County Board of Adjustment
Attest: Susan Connor, Secretary
The board adjourned as a Planning and Zoning Board and reconvened as a Board of Commissioners.
It was moved by Bechen, seconded by Faber and carried to adjourn as a Planning & Zoning Board and reconvene as a Board of Commissioners.
Treasurer Jessica Charles reported that she has hired Brittany Yanish as Deputy Treasurer beginning December 4th.
4-H Advisor Jill Calmus presented an update of 4-H activities and the 2023 Impact Snapshot for Miner County. Jill thanked Brittany Yanish for her years of service within the 4-H office. Calmus requested for permission to advertise for the open position. Commissioners asked Calmus to wait until the 2024 CHN contract has been received from the SD Dept. of Health to see what the requirement for clerical to support that department.
Horizon CEO Wade Erickson answered questions concerning the discontinuation of alcohol testing at the Howard Facility. Horizon is a primary care facility not an emergency care facility. Horizon continued the service that was offered by Avera St. Joseph’s Clinic after it was closed. At the advice of Horizon’s Medical Officer, they will not provide these services to protect their employees, eliminate risks and malpractice issues. The board thanked Erickson for attending to explain the decision. Mary Sue Corey from the Howard Farmers Coop was also in attendance to provide information as to their DOT screening requirements and collection sites.
Welfare Director Gibi Page presented Poor Relief Case 2023-02. It was moved by Clary, seconded by Bechen and carried to authorize payment of $2640 to Willoughby Funeral Home.
Director of Equalization presented the 2024 Vangaard contract which had been funded in the 2024 budget. It was moved by Reisch, seconded by Faber and carried to authorize the chairman to sign the 2024 Vangaard contract.
It was moved by Faber, seconded by Clary and carried to authorize the chairman to sign the 2024 Lake County Inmate housing agreement.
Commissioners reviewed information concerning the SD Dept of Health Naloxone information. Naloxone could be provided to the courthouse through the SD Dept of Health if a policy for use and employee training are completed. The matter will be placed on the December 5th agenda.
Risty Benefits represented by Sonja Nordbye and Dan Johnson presented information on a Wellmark renewal utilizing a MERP. This process could save the county premium dollars depending on employee usage. A quote from the Insurance Store was also reviewed. It was moved by Clary and seconded by Reisch to purchase the county employees’ health insurance for 2024 through Risty Benefits utilizing the MERP for the CompleteBlue 4000 and EnhancedBlue 3000 plans and utilizing the traditional HDHP Silver. Voting aye: Clary, Reisch, Faber and Protsch. Voting nay: Bechen. Motion carried.
It was moved by Clary, seconded by Reisch and carried to purchase Reliance Standard vision, dental and life insurance through Risty Benefits for the employee’s insurance for 2024.
Donita Potter and Patricia Schaefer joined the meeting to inform the commission of the City of Madison’s plan to create a restricted use site on property currently owned by Wayne and Dawn Bessman, SE 1/4SW1/4 of 31-107N-54W and Lot 2 of Bessman’s Subdivision on Lot 4 in 31-107N-54W, Lake County, SD. This land lies adjacent to Miner County. The application has been submitted to the SD Dept. of Ag and Natural Resources. Potter stated the water flow from the proposed site directly flows into eastern Miner County. According to requirements for the application the nearest municipality had to be notified. That municipality is Howard. Miner County has not received any notice of the application from the SD DANR. Schaefer voiced concern as to the water drainage and possible contamination. This water drains onto Schaefer’s lands located in Lake and Miner County. Rubble sites shouldn’t have hazardous waste but there is concern as to the monitoring of such rubble. Currently her family pastures horses on the land and they drink from those lakes and streams. Potter and Schaefer request the county to send a letter to the SD DANR to do due diligence when reviewing the state application for this site. Commissioners were very concerned as to no notification being given to the county and instructed Chairman Protsch to draft and send a letter to the SD DANR noting the county’s concerns.
It was moved by Faber, seconded by Bechen and carried to authorize the chairman to sign the SDSU Extension 2024 Memo of Understanding for 4-H activities in Miner County.
Having no further business, the meeting adjourned to December 5th. Dated this 21st day of November, 2023.
Alex Protsch, Chairman
Miner County Board of Commissioners
Attest: Susan Connor, Miner County Auditor