November 7, 2023
The Miner County Board of Commissioners met in regular session on November 7, 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 Bechen, seconded by Faber and carried to approve the agenda. Others present for portions of the meeting included: Tami Severson, Kent Terwilliger, Rob Eggert, Curt Neises. No persons appeared for public comment.
The minutes of the October 17th meetings were approved.
The auditor’s account with the county treasurer showed an October 31, 2023 balance of $7,453,354.73 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 $43,678.32, Wellmark $55,235.50, Delta Dental $1,695.80, Kansas City Life $481.87, Retirement $7,090.05, OASI $10,223.18, Commissioners $4,655.25, Auditor $8,143.25, Treasurer $7,436.25, States Attorney $5,880.00, Govt Building $3,241.31, Director of Equalization $9,051.44, Register of Deeds $7,082.60, Vet Service $575.00, Sheriff $11,877.25, Highway Safety $212.76, Coronor $75.00, Contract Law $4,827.75, Welfare $687.68, Co Nurse $1,489.75, Ambulance $13,787.22, WIC $101.00, Extension $1,489.75, Weed $1,346.50, Dispatch $12,666.83, Emergency Mgt $2,500.75 OCT PAYROLL; Curt Eliason $30.00, Josh Esser $150.00, Josh Hahn $120.00, Nathan Kizer $30.00, Garret Werkmeister $90.00 AMBULANCE ATTENDANT FEES; Miner Co Treasurer $1,500.00 4-H AWARDS; Alliance $150.00, Santel $30.00, Triotel $167.53 911 CHARGES; SD Dept of Health Lab $140.00 ALCOHOL TESTING; ICAP $738.67 COMMUNITY ACTION PMT; SD DOT $3,242.59, Subsurface Inc. $96,598.00 CONTRACTED MAINTENANCE; Willoughby Funeral Home $295.00 CORONER EXPENSE; Churchill, Manolis, Freeman, Kludt & Burns $1,059.50 COURT APPT ATTYS; State Bar of SD $500.00 EQUIPMENT; HFCA $20,968.29, Sturdevant’s $125.00 FUEL; Two Way Solutions $194.78 HOMELAND SECURITY; Emergency Safety Education $135.00 IN SERVICE EDUCATION; LeadsOnline $163.00 INVESTIGATION EXPENSE; SDACC $1,000.00 NATIONAL CENTER FOR PUBLIC LANDS CONTRIBUTION; Miner Co Treasurer $12.66 POSTAGE; Avera Occupational Medicine $226.00, Deya Thorin $291.31 PROFESSIONAL SERVICES; A-Ox Welding $8.89, Dust-Tex $199.86 RENT; Cosmo Construction $2,226.91, Cummins Sales & Service $782.00, Howard Auto Clinic $562.06, HFCA $68.95, James Valley Landscape Solutions $126.00, Marshall & Swift $2,308.10, Miner Co Treasurer $9.00, Office Peeps $183.64, Olympic Companies $4,380.00, Tritech Software $1,504.91, Ultra $1,727.75, Wingen’s Garage $42.88 REPAIRS; Shane’s Hardware $36.99 ROAD MATERIALS; Kristian Ellendorf $900.00 STATES ATTY OFFICE EXP; Relx Inc $149.00 SUBSCRIPTION; Detco $2,109.85, Dust-Tex $347.17, Home Service Water Conditioning $29.40, HFCA $5,248.21, iState Truck Center $1,107.37, Lori Kiehl $10.41, Law Enforcement Systems $202.00, Light and Siren $313.00, Mighty Auto Parts $27.07, Miner County Pioneer $51.25, Miner Co Treasurer $111.45, Office Peeps $101.25, Tim Reisch $433.33, Rusty’s $67.74, Sanborn Weekly Journal $99.00, SDSU Dept of Animal & Range $58.00, Tami Severson $20.00, Shane’s Hardware $465.98, Sturdevant’s $515.12, Western Hotel Supply $132.85, Tiger Mowers $359.63, Transource $281.98, Tyler Technologies $449.00, Ultra $150.00 SUPPLIES; Alliance $965.13, AT&T $327.02, Susan Connor $30.00, Erin Feldhaus $30.00, Lori Kiehl $30.00, Tami Severson $30.00, Molly Steeneck $30.00, Verizon $97.29, Danielle Werkmeister $60.00 TELEPHONE; Susan Connor $219.12, HFCA $91.54, Ron Krempges $42.00, Rebecca Mommaerts $60.00, Dan Page $13.86, Wyatt Walter $12.60 TRAVEL; Central Electric Coop $135.61, City of Howard $2,719.52, Northwestern Energy $49.61 UTILITIES.
Highway Superintendent Ron Krempges presented the highway department’s report. A request from Krempges for a level increase for Mike Umstead was received. It was moved by Bechen, seconded by Reisch and carried unanimously to move Umstead from Level 1 to Level 2.
Krempges presented Rural Infrastructure applications for work to be completed in 2024 from 4 townships. Total cost to the county held funds would be $117,535.49. It was moved by Faber, seconded by Clary and carried unanimously to approve the 2024 Rural Infrastructure Funding applications from Belleview, Howard, Adams, and Canova townships.
Krempges provided pictures and samples of the material used during the project of lining culverts in the Canova area. The estimated useful life of the culvert liners is a minimum of 75 years.
Miner County received $4000 for the salvaged truck that was associated with the Volkswagen Truck Replacement program. Paperwork has been submitted for the funding associated with this program.
The board approved Krempges request to place the county on a waiting list for a Chevy pickup to be purchased in 2024. Other highway matters were reviewed by Krempges.
Eric Kunzweller CEO of Interlakes Community Action presented the 2022-2023 report of the organization. Kunzweller provided information on the services offered to Miner County residents through ICAP including weatherization projects, 60’s Plus Dining Program, vouchers for garden seeds, swim vouchers, vouchers for clothing/household items, school supplies and other services.
A letter from Horizon Health Care was reviewed concerning drug and alcohol testing for DOT and DUI screenings. Horizon Health will no longer offer those services at its Howard facility. The board requested that a representative from Horizon Health attend a future meeting to discuss the matter.
It was moved by Bechen, seconded by Clary and carried unanimously to approve the payment to SDACC for $1000 in support of NACo initiative to establish the National Center for Public Land Counties.
The board considered applications from Hunter Gregerson-Hunter’s Den LLC for an on-sale liquor license and an off-sale liquor license to operate outside of a municipality for the 2024 licensing period located in Lot 1 of Lot 3 of SW ¼, Epiphany 34-105-57, Rock Creek Township. It was moved by Reisch, seconded by Faber and carried to approve the applications of Hunter Gregerson-Hunter’s Den LLC for the 2024 operating period.
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. Bechen questioned if Kolterman was operating a shoot range at that location. Miner County Zoning specifically prohibits a shooting range on the same property as a liquor license premise. It was moved by Faber, seconded by Bechen and carried to table the application from Nicholas Kolterman-Suncatcher Acres, Inc. until information is obtained pertaining to the location of the shooting range.
Property & Liability Insurance quotes were reviewed. It was moved by Reisch, seconded by Bechen and carried unanimously to award the quote to Miner Insurance for the 2024 coverage period.
Treasurer Jessica Charles presented the following properties in which treasurer’s tax deeds have been filed. The minimum waiting period has expired, so therefore Charles requested the taxes be abated, declare surplus and disposed.
It was moved by Faber, seconded by Clary and carried unanimously to abate the taxes, $49.79, declare surplus, and deed to the Town of Canova Lot 1, Block 17, Canova Village OP. Record #3109
It was moved by Reisch, seconded by Bechen and carried unanimously to abate the taxes, $140.27, declare surplus, and deed to the Town of Canova N ½ of Lot 1 Block 31, Canova Village OP. Record #3117
It was moved by Reisch, seconded by Bechen and carried unanimously to abate the taxes, $99.38, declare surplus, and deed to the Town of Canova Lot 5, Block 7, Canova Village OP. Record #3071
It was moved by Reisch, seconded by Bechen and carried unanimously to abate the taxes, $99.38, declare surplus, and deed to the Town of Canova Lot 6, Block 7, Canova Village OP. Record #3072
It was moved by Reisch, seconded by Bechen and carried unanimously to abate the taxes, $179.27, declare surplus, and deed to the Town of Canova N25’ of Lots 21, 22 and Lot 32 Block 13, Canova Village OP. Record #3102
It was moved by Faber, seconded by Bechen and carried to recess as a Board of Commissioners and reconvene as a Planning and Zoning Board acting as the 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 the application for a variance pursuant to Section 1101.04. The applicant Trevor Jacobson is requesting to construct a 60’ x 100’ shed structure closer to the center of the road than current zoning allows in the parcel described as NE4NE4 of Section 16, 107N, R55W, Henden Township, Miner County South Dakota. Present for the hearing included Zoning Administrator Tami Severson, applicant Trevor Jacobson, Rob Eggert, Kent Terwilliger and Adam Frerichs.
Severson explained the site and the setbacks. The footings have been poured for the building. Jacobson had applied for a building permit but has not been issued due to the setback issues. Currently the setback from the east/west road is 97’ and 109’ form the north/south road. Jacobson explained that he had contacted Severson’s office to inquire about setbacks prior to construction. The proposed building was staked out according to the setbacks. Fill was hauled in. During that time one of the stakes was moved to accommodate the hauling of the fill dirt. That stake was never moved back so the building was then placed incorrectly along the east/west road. Henden Township board member, John Schwader stated the township does not have an issue with the current placement of the building. Bechen stated from viewing the submitted photos it would be beneficial to remove the trees that are located in the ditch south of the building. This would provide better view of the road at the approach. Jacobson agreed and stated the trees will be removed.
With consideration of the information presented, it was moved by Reisch, seconded by Bechen 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
TREVOR JACOBSON FOR A VARIANCE )
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FINDINGS
I
That the applicant, Trevor Jacobson, has made an application for a variance to construct a 60’ x 100’ shed structure closer to the center of the road than current zoning allows in the parcel described as NE4NE4 of Section 16, 107N, R55W, Henden Township, Miner County South Dakota and that he is 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 November 7, 2023, in the Commission Room of the Miner County Courthouse.
V
That applicant, Trevor Jacobson appeared in person.
VI
That Henden Township Board Member John Schwader appeared with no concerns to granting of the variance.
VII
That a presentation in support of said variance and testimony on behalf of said variance was received at the hearing.
VIII
That no testimony was received in objection to granting of said variance.
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 Trevor Jacobson for a variance to construct a building 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.
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 be approved.
Dated this 7th day of November, 2023.
Alex Protsch, Chairman
Miner County Board of Adjustment
Attest: Susan Connor, Secretary
It was moved by Faber, seconded by Bechen and carried to enter into executive session (SDCL 1-25-2 (6c) at 10:59. The board returned to regular session at 11:20.
The planning and zoning board received information from Planning and Zoning Administrator Severson of an incomplete building permit application. The applicant has paid the $50 fee but not the penalty of $50. Under the advice of the Miner County State’s Attorney, a letter will be sent certified return receipt informing the applicant pertaining to section 813 of the current zoning ordinance.
It was moved by Faber, seconded by Bechen and carried to adjourn as a Planning & Zoning Board and reconvene as a Board of Commissioners.
Debra Owens representing Dakota Access Pipeline made a request for a letter of support of the pipeline. An environmental impact study was ordered by the supreme court. Corps of Engineers is in the process of conducting the environmental impact study. The draft has been prepared and is available for public review. Comment letters can be submitted to be considered. The Corp has developed 5 different recommendations. Recommendation 3 of 5 would disrupt the flow of the oil through the pipeline. Two of the recommendations would allow the oil to continue to flow. If it is shut down it would shift the oil to rail. By doing this it would have a negative impact on the ag community. The ag community organizations have sent letters in support of the pipeline. The county could lose tax revenue that is currently generated by the pipeline. Ag organizations, counties and some community businesses have been asked to send letters of support. It was moved by Faber, seconded by Clary and carried unanimously to send a letter in support of the Dakota Access Pipeline from the Miner County Board of Commissioners.
It was moved by Faber, seconded by Clary and carried to enter into executive session (SDCL 1-25-2 (1)) at 11:41. The board returned to regular session at 11:48. Treasurer Jessica Charles reported she has offered the deputy treasurer position but is waiting on a response from the applicant.
Chairman Protsch reported that custodian Kiehl informed him of issues with the HVAC in the courthouse. She is working with DDC and Trane who will adjust settings to alleviate the issues when the system turns from cooling to heat.
Deputy Auditor Rebecca Mommaerts joined the meeting. It was moved by Bechen, seconded by Faber and carried to appoint Rebecca Mommaerts as Miner County Auditor, effective January 1, 2024.
Commissioners asked Emergency Management Director questions pertaining to outstanding Homeland Security Grant funds. Terwilliger stated he had until the end of the year to submit those requests.
Rob Eggert and Susan Connor reviewed the HireClick job posting service that is offered by Keloland. At this time Eggert and Connor did not see the need for this service. No action was taken.
Having no further business, the meeting adjourned until November 21st. Dated this 7th day of November 2023.
Alex Protsch, Chairman
Miner County Board of Commissioners
Attest: Susan R. Connor, Miner County Auditor