February 20, 2024
The Miner County Board of Commissioners met in regular session February 20, 2024, in the Miner County Courthouse Commission room. Members present: Alex Protsch, Tom Reisch, Joe Bechen, Kathy Faber and Mike Clary. Members absent: None. Also present for portions of the meeting were Jessica Charles, Rob Eggert, Susan Connor, Jill Calmus and Tami Severson.
Chairman Protsch called the meeting to order. The Pledge of Allegiance was recited.
It was moved by Faber, seconded by Reisch and carried to approve the agenda. The minutes of the February 6th meeting were approved. No Commissioner report of meetings attended.
No one appeared for Public Comment.
The board acknowledge receipt of the following correspondence: VSO January Report and GOED 2023 Annual Report.
It was moved by Bechen, seconded by Clary and carried to authorize the auditor to pay the following claims: ICAP $796.09 COMMUNITY ACTION PAYMENT; Susan Connor $180.00 CONSULTING FEE; Ulteig Engieers $15,783.50 CONTRACT MAINTENANCE; SD State’s Atty Assoc $733.94, SD Assn Computer Equip Serv $15.00 DUES; HFCA $1,007.53 FUEL; Community Counseling Service $14,000.00, Lifequest $3,000.00 GRANTS; Two Way Solutions $500.00 HOMELAND SECURITY; Wellmark BCBS $52,442.88 INSURANCE; County Employee $157.00 INSURANCE REIMBURSEMENT; Lewis & Clark Behavioral Health $213.00, Yankton County Treasurer $156.50 MENTAL ILLNESS HEARING EXPENSE; Miner County Pioneer $393.20 PUBLISHING; HFCA $141.83, Twotrees Tech $1,818.00, Two Way Solutions $134.99 REPAIRS; Spencer Quarries $28,881.38, White Cap $32,740.50 ROAD MATERIALS; American Stamp & Marking $142.81, Elan Financial $145.02, Office Ally $35.00, Pheasantland Ind Garment $95.61, Rockmount Research & Alloys $795.30, Shanes Hardware $28.83, Transource $1,110.41, Twotrees Tech $169.70, Upstate Wholesale $3,000.00, Wheelco Brake & Supply $590.77, White Cap $983.88 SUPPLIES; Joe Bechen $25.50, Kathy Faber $21.42, Ron Krempges $28.00, SD Assn of County Officials $600.00 TRAVEL; Central Electric Coop $91.40, Xcel Energy $75.80 UTILITIES.
Todd Kays presented an annual report on behalf of the First District Association of Local Governments.
Highway Superintendent Ron Krempges gave an update on highway matters. Weight limit postings will be put in place tomorrow. The county must do bridge inspections this year. Motion by Faber, seconded by Reisch and carried to authorize Chairman Protsch to sign the following resolution:
RESOLUTION 24-08
BRIDGE REINSPECTION PROGRAM RESOLUTION
FOR USE WITH SDDOT RETAINER CONTRACTS
WHEREAS, 23 CFR 650 Subpart C, requires initial inspection of all bridges and reinspection at intervals not to exceed two years with the exception of reinforced concrete box culverts that meet specific criteria. These culverts are reinspected at intervals not to exceed four years.
THEREFORE, Miner County is desirous of participating in the Bridge Inspection Program.
The County requests SDDOT to hire Ulteig Operations (Consulting Engineers) for the inspection work. SDDOT will secure federal approvals, make payments to the Consulting Engineer for inspection services rendered, and bill the County for 20% of the cost. The County will be responsible for the required 20% matching funds.
Dated this 20th day of February, 2024 at Howard, South Dakota.
Alex Protsch, Chairman
Board of County Commissioners
Attest: Rebecca Mommaerts, Miner County Auditor
Krempges presented bids received by the SD Department of Transportation for the bridge structure located 5 N & 0.1 E of Howard on 228th St over the West Fork of the Vermillion River SN 49-161-080, from the bid opening on 1/17/24. The bids received included costs associated with a bridge project for the City of Carthage. The DOT will split the bill between all the entities, but it is estimated that the county’s portion will be around $650,000. The low bid for both projects was received by Lehtola Builders, Inc. for $1,484,471.84.
Citywide clean-ups are coming up. Krempges received an email yesterday from Chevrolet that the pick-up will go into production the week of April 29. There is also an April delivery date for the Volkswagen Truck Program. Highway supply bids will be opened on March 5 at 10:00am. Other highway work includes crack sealing, blading, culvert inspections on county roads, and township projects. The county meeting with townships is on March 11.
Severson presented plats on behalf of Callies Farms Family Limited Partnership which meet current zoning and have all taxes paid.
It was moved by Bechen and seconded by Faber and motion carried to pass the following resolution:
RESOLUTION 24-09
BE IT RESOLVED by the Board of County Commissioners of Miner County, South Dakota, that the plat shown hereon and described as LOT 1 OF D & C CALLIES ADDITION IN THE NORTHWEST QUARTER (NW1/4) OF SECTION TWENTY-ONE (21), TOWNSHIP ONE HUNDRED SIX (106) NORTH, RANGE FIFTY-FIVE (55) WEST OF THE 5TH P.M. IN MINER COUNTY, SOUTH DAKOTA, be approved and accepted by the Board of County Commissioners at its meeting of February 20, 2024 and the county Auditor is hereby instructed to endorse on such plat a copy of this resolution and to certify the same.
Voting aye: Protsch, Reisch, Bechen, Faber, and Clary. Voting nay: none. Resolution adopted this 20th day of February, 2024.
Alex Protsch, Chairman
Miner County Board of Commissioners
Attest: Rebecca Mommaerts, Miner County Auditor
It was moved by Faber and seconded by Bechen and motion carried to pass the following resolution:
RESOLUTION 24-10
BE IT RESOLVED by the Board of County Commissioners of Miner County, South Dakota, that the plat shown hereon and described as LOT 1 OF CALLIES ANGUS FARM ADDITION IN THE WEST HALF OF THE SOUTHEAST QUARTER (W1/2SE1/4) OF SECTION SIXTEEN (16), TOWNSHIP ONE HUNDRED SIX (106) NORTH, RANGE FIFTY-FIVE (55) WEST OF THE 5TH P.M. IN MINER COUNTY, SOUTH DAKOTA, be approved and accepted by the Board of County Commissioners at its meeting of February 20, 2024 and the county Auditor is hereby instructed to endorse on such plat a copy of this resolution and to certify the same.
Voting aye: Protsch, Reisch, Bechen, Faber, and Clary. Voting nay: none. Resolution adopted this 20th day of February, 2024.
Alex Protsch, Chairman
Miner County Board of Commissioners
Attest: Rebecca Mommaerts, Miner County Auditor
It was moved by Reisch, seconded by Clary 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. Consideration was held of Ordinance No. 2024-01, an ordinance amending Ordinance 2023-01 “The Zoning Ordinance of Miner County”, as amended, in accordance with the provisions of Chapter 11-2, 1967 SDCL, and amendments thereof, and for the repeal of all resolutions and ordinances in conflict herewith. Chairman Protsch opened the Public Hearing to consider Ordinance 2024-01. Those present for the hearing included Zoning Administrator Tami Severson, Amie Kidd, Susan Connor and Jessica Charles. No testimony in favor of or in opposition to was received. Protsch closed the public hearing.
Motion by Faber, seconded by Reisch to recommend the approval of Ordinance No. 2024-1:
BE IT ORDAINED by the Board of County Commissioners of Miner County, South Dakota: that Article XI, “Agricultural District”, Section 1109.01. Special Permitted Uses, adopted by Ordinance 2023-01, as amended, of the Zoning Ordinance of Miner County be amended by adding language in bold and underline:
1101.09. Special Permitted Uses
1. Shelterbelts within seventy-five (75) feet of adjoining property lines with written permission of adjoining property owners.
2. Shelterbelts within fifty (50) feet of right-of-way with written permission of adjoining Road Authority
This ordinance shall become effective upon the date of publication of this notice in the official newspaper, thereby repealing all ordinances or parts thereof in conflict herewith unless a referendum in timely involved prior thereto.
Motion by Faber, seconded by Bechen reconvene as Board of Commissioners to hold the first reading of Ordinance 2024-01; the date for the second reading of Ordinance 2024-01 was set for March 5th at 10:45am.
After discussion, the meeting date for the Commissioner meeting the week of Achievement Days was changed to Monday, August 5th. The meeting date for the week of County Convention was changed to Monday, September 16th.
It was moved by Clary, seconded by Reisch and carried to make an operating transfer, as provided for in the 2024 budget, of $15,000 from the General Fund to the Emergency Management Fund.
Commissioners approved Jessica Charles and Rebecca Mommaerts to complete applications and acquire the supplies and bond to become certified notaries in the State of South Dakota.
Motion by Bechen, seconded by Faber 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 application for a variance pursuant to Section 1101.04. The applicants, Stanley R. and Pat Koepsell, are applying for a variance to plat a parcel closer to adjoining structures than current zoning allows.
With consideration of the information presented, it was moved by Reisch, seconded by Faber 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 )
STANLEY R. & PAT KOEPSELL ) FINDINGS
FOR A VARIANCE )
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I
That the applicants, Stanley R. & Pat Koepsell, have made an application for a variance to plat a parcel closer to adjoining structures than current zoning allows in the parcel described as SW1/4 of Section 29-105-55, Vermillion Township, Miner County South Dakota and that they are the owners of record thereof.
II
That the proposed use of said realty is specifically prohibited by the zoning ordinance without applicants first obtaining a variance, for which they have 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 February 20, 2024, in the Commission Room of the Miner County Courthouse.
V
That applicants, Stanley R. & Pat Koepsell, did not appear in person.
VI
That a presentation in support of said variance and testimony on behalf of said variance was received at the hearing.
VII
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 Stanley R. & Pat Koepsell for a variance to plat a parcel closer to adjoining structures 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.
VII
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 20th day of February, 2024.
Alex Protsch, Chairman
Miner County Board of Adjustment
Attest: Rebecca Mommaerts, Secretary
It was moved by Reisch, seconded by Faber and carried to adjourn as a Planning & Zoning Board and reconvene as a Board of Commissioners. Motion by Faber seconded by Clary to declare the Treasurer monitor (inventory #00344) surplus and authorize its disposal.
Treasurer Charles requested to receive a $30 telephone allowance each month, as she receives many phone calls and texts on her personal phone for business. Bechen and Reisch were opposed, but the $30 monthly phone reimbursement was granted by the remaining commissioners.
Highway Clerk Amie Kidd has the possibility of an extended medical leave, beginning April 10th and possibly going into July. Susan Connor has offered to fill in at 5-10 hours per week, on a consultant basis. The board agreed to have Susan help in the highway office, as needed, during Kidd’s absence.
The Commissioners approved for Auditor Mommaerts to electronically sign documents to register for public surplus. Commissioners reviewed options for the firewall license renewal. Commissioners approved purchasing a Meraki MX68 to increase internet speeds, with a 3 year license, for a total of $1,840.00.
The Minnehaha Juvenile Detention Center agreement will be sent to States Attorney Ellendorf for her review and will be brought to the next Commission meeting.
Sheriff Rob Eggert informed the board he has made a job offer to one of his candidates for the deputy sheriff position.
The meeting adjourned to March 5th. Dated this 20th day of February, 2024.
Alex Protsch, Chairman
Miner County Board of Commissioners
Attest: Rebecca Mommaerts, Miner County Auditor