January 16, 2024
The Miner County Board of Commissioners met in regular session on January 16, 2024, in the Miner County Courthouse. Members present: Alex Protsch, Tom Reisch, Joe Bechen, Kathy Faber and Mike Clary. Members absent: none. Also present for the meeting was Director of Equalization Tami Severson.
Chairman Protsch called the meeting to order. The Pledge of Allegiance was recited.
It was moved by Bechen, seconded by Faber and carried to approve the agenda. The minutes of the January 2nd meeting were approved. Faber reported on her attendance at the ambulance board meeting on January 9th. The board mostly discussed the upcoming ambulance banquet and a few other minor things. The banquet was originally scheduled for January 15th, but it was rescheduled to February 19th due to the extreme cold.
No one appeared for Public Comment.
The board acknowledge receipt of the following correspondence: Veteran Service Officer December report, Sheriff Office December report, East Dakota Water Development District Dec. 21, 2023 minutes, December moisture report, and the Plans and Specifications Review from the Dept of Ag & Natural Resources for the Shannon Hutterian Brethren, Inc.’s proposed poultry operation.
The commissioners questioned Kent Terwilliger’s use of his personal vehicle for county business. He informed them that his emergency management vehicle had a check engine light on that Prostrollo Auto Mall has checked on, but the parts they need to repair it are backordered, so he is still waiting to hear from them regarding a date to do the repairs. Due to the cold temperatures, Terwilliger took his own vehicle for his own safety since he knows it is reliable. With no further questions, it was moved by Clary, seconded by Reisch and carried to authorize the auditor to pay the following claims: Alliance $150.00, Triotel $189.53, Santel $30.00 911 CHARGES; ICAP $1242.99 COMMUNITY ACTION; Ultieg $18,131.50 CONTRACTED MAINTENANCE; SD Planners Assoc $50.00, SD Emergency Mgmt Assn $30.00 DUES; HFCA $1,930.30 FUEL; County Employee $1026.64 INSURANCE REIMBURSEMENT; LeadsOnline $2,154.00 INVESTIGATION EXPENSE; Lake Co Sheriff $412.50 PRISONER CARE; Office Ally $35.00 PROCESSING FEE; Microfilm Imaging Systems $385.00 RENT; Direct Digital Control $3250.00, First Dist Assn Loc Gov $12,250.00, Howard Auto $108.00, HFCA $387.54, J&L Machine $320.00, Klinkhammer Plumbing $96.43, Office Peeps $65.00, S&S Contracting $3239.26, TwoTrees Tech $1715.50, Two Way Solutions $9,300.00, Tyler Tech $4,301.09 REPAIRS; Terry Carlson $5.21, Dakota Data Shred $90.51, Dust-Tex $191.22, Emergency Medical $104.19, Home Service Water $29.40, Homestead Building $149.98, Hydraulic World $37.46, Krug Products $360.03, Office Peeps $81.18, Runnings Supply $43.96, Shanes Hardware Hank $118.96, Kent Terwilliger $56.94, TwoTrees Tech $1692.75, Wheelco Brake $119.64 SUPPLIES; Lexis Nexis $149.00 STATES ATTY OFFICE EXP; Alliance $952.78 TELEPHONE; Joe Bechen $25.50, Kathy Faber $64.26, HFCA $21.87, Brandon Jacobson $7.65, Kim Lewis $25.50, Dan Page $19.80, Kent Terwilliger $117.30, Wyatt Walter $15.30 TRAVEL; Central Electric $68.86, City of Howard $2841.40, Xcel $76.44 UTILITIES.
Motion by Bechen, seconded by Faber and carried to authorize Chairman Protsch to sign Howard Farmers Coop contract for fuel purchases.
Director of Equalization Tami Severson informed the board of the Sales Ratio for Miner County Sales in 2023. The current countywide non-ag ratio for assessed value compared to sales value is 62.05%, with 100% being the goal ratio and 85% being the bare minimum required by law. Not making adjustments to current values to keep up with the rising sales would present a taxable value greater than 100% for all non-ag valuation. Making necessary adjustments will bring the factor back under 100%.
Highway Superintendent Ron Krempges notified the board of equipment troubles caused by the recent extremely cold temperatures. The highway crew is working on clearing the roads; once they finish plowing, they will run blades on the oil roads. Krempges was happy to report the office furnace was replaced just in time for this recent cold spell.
It was moved by Reisch, seconded by Faber and carried to pass the following resolution:
RESOLUTION 24-05
MINER COUNTY WEIGHT LIMIT ENFORCEMENT RESOLUTION
WHEREAS, seasonal climatic changes can be detrimental to our highways, and
WHEREAS, the Miner County Board of Commissioners desires to protect existing Miner County Highways, ultimately saving tax dollars, and
WHEREAS, the Miner County Board of Commissioners desire the enforcement of weight limitations on Miner County Roads as set forth and posted by the Miner County Highway Superintendent,
NOW THEREFORE BE IT RESOLVED:
WHEREAS, the limits on Miner County highways shall be set at 7 ton per axle/40 ton gross vehicle weight, with the exception of County Road 17 (425th Ave.) from Carthage South to SD Hwy #34 and County Road 22 (242 St.) from Canova East to US Hwy #81 shall be 40 ton gross vehicle weight, during spring thaw period and when weight limit signs are in place, that the South Dakota Highway Patrol be and hereby is authorized and requested to enforce weight limitations on Miner County roads.
BE IT FURTHER RESOLVED that the penalty for violation of the load restrictions shall be set forth in SDCL 32-22-55.
Voting aye: Protsch, Reisch, Bechen, Faber, and Clary. Voting nay: None.
Resolution adopted this 16th day of January, 2024 at Howard, South Dakota.
Alex Protsch, Chairman
Miner County Board of Commissioners
Attest: Rebecca Mommaerts
Miner County Auditor
It was moved by Faber, seconded by Bechen and carried to pass the following resolution:
RESOLUTION 24-06
MINER COUNTY WEIGHT LIMIT ENFORCEMENT RESOLUTION
WHEREAS, excessive loads can be detrimental to our highways, and
WHEREAS, the Miner County Board of Commissioners desires to protect existing Miner County Highways, ultimately saving tax dollars, and
WHEREAS, the Miner County Board of Commissioners desire the enforcement of weight limitations on Miner County roads, as set forth and posted by the Miner County Highway Superintendent,
NOW THEREFORE BE IT RESOLVED:
WHEREAS, the limits on Miner County Highways shall be set with South Dakota weight limitations, with the exception of 425th Avenue (County Road #17) between 220th Street and 233rd Street (S.D. Hwy #34) will be set at 100,000 pounds gross weight for any vehicle or combination of vehicles. 421st Avenue (County Road #21) between 233rd Street (S.D. Hwy #34) and 244th Street will be set as 80,000 pounds gross weight for any vehicle or combination of vehicles.
Seasonal spring thaw weight limitations will preside over such weight limitations when signs are in place and displayed.
That the South Dakota Highway Patrol be and hereby is authorized and requested to enforce weight limitations on Miner County roads.
BE IT FURTHER RESOLVED that the penalty for the violation of the load restrictions shall be set forth in SDCL 32-22-55.
Voting aye: Protsch, Reisch, Bechen, Faber, and Clary. Voting nay: None.
Resolution adopted this 16th day of January, 2024 at Howard, South Dakota.
Alex Protsch, Chairman
Miner County Board of Commissioners
Attest: Rebecca Mommaerts
Miner County Auditor
Motion by Faber, seconded by Clary and passed to authorize Chairman Protsch to sign the request for assistance for weight limit enforcement to be sent to the SD Highway Patrol.
Krempges received quotes from Butler for an extended warranty on the 2017 blade. Due to the vehicle hours being under a certain threshold, Butler doesn’t need to inspect the machine. According to his 7-year plan, Krempges has budgeted to replace a blade in 2025. Krempges believed that out of the warranties offered, the 24-month/2000 hours warranty for $16,820 made the most sense. Commissioners asked Krempges to wait for now; he will bring back up sometime in February. Other upcoming highway work includes MSHA training, hauling gravel, clearing roads and shop work. The gravel pit contract with Ron Ecklein also needs to be renewed this year.
Severson returned for clarification about the original intent of the commissioners when the zoning manual was updated, regarding the shelterbelt waiver process. Updates to this portion of the manual will need to be addressed at a future meeting. Severson and Mommaerts will contact Todd Kays at First District for guidance on how to proceed.
Faber made a motion, seconded by Reisch and carried, to authorize Chairman Protsch to sign the letters of agreement from First District for the “Proposed Scope of Work for County GIS Website Hosting” and the “Proposed Scope of Work for County Director of Equalization Parcel Update Needs.” Both contracts increased by $500 this year, but First District expects them to remain constant for the next three years.
Motion by Bechen, seconded by Clary and passed, to authorize Chairman Protsch to sign the agreement with the City of Howard for the “First District Association of Local Governments Cope of Work for Miner County GIS Website Hosting.”
Treasurer Jessica Charles presented properties that are available for tax deed. The property located in Carthage City (Carthage High School) remains on the list, but it needs to be in a public entity name to qualify for the grant for asbestos removal. Charles did not recommend moving forward with the tax deed process for this property yet. The commissioners instructed Charles to proceed on the tax deed process for the following properties:
Lot B Elevator Add Howard City SE4 3-106-56
E 50’ of N 158’ of N 357.25’ of E 150’ of LT 4 of LT 15 3-106-56 Howard City-Acre Prop SE4
Motion by Bechen, seconded by Faber and carried to enter into executive session related to SDCL 1-25-2 (3) at 10:33am. The board returned to regular session at 10:46am.
State’s Attorney Kristian Ellendorf gave recommendations to the board regarding the Naloxone Policy; Mommaerts will use these recommendations to prepare the policy for a future meeting.
Register of Deeds Karla Neises requested a level raise for her employee, Gibi Page, from Level 9 to Level 10. Reisch made a motion, seconded by Clary and passed, to raise Gibi Page to Level 10, effective Feb 1st.
The parts needed to repair the electric start on the current 1995 model snowblower are no longer available. The snowblower can be started only by the pull chain, and Custodian Lori Kiehl is unable to start the snowblower this way. The commissioners would like Kiehl to order a new one, locally if time and cost allow, and approved up to $1500 for this purchase.
Motion by Reisch, seconded by Bechen, and carried to enter into executive session related to SDCL 1-25-2 (1) at 11:07 am. The board returned to regular session at 11:19am.
Having no further business, the board adjourned to February 6. Dated this 16th day of January, 2024.
Alex Protsch, Chairman
Miner County Board of Commissioners
Attest: Rebecca Mommaerts
Miner County Auditor