September 16, 2024
The Miner County Board of Commissioners met in regular session on September 16, 2024, in the Miner County Courthouse Commission room. Members present: Tom Reisch, Joe Bechen, Kathy Faber and Mike Clary. Members absent: Alex Protsch. Others in attendance for portions of the meeting were Tami Severson and Rob Eggert.
Vice-chair Reisch, acting as Chair, called the meeting to order. The Pledge of Allegiance was recited. It was moved by Faber, seconded by Clary, and carried to approve the agenda. The minutes from the September 3rd meeting were approved. Faber reported on her attendance at the preconstruction meeting for the bridge north of Howard and the bridge in Carthage. No one appeared for public comment.
Motion by Bechen, seconded by Clary and carried to authorize the Auditor’s Office to pay the following claims: Santel $30.00, Triotel $171.53, Alliance $150.00 911 CHARGES; SDACC $322.00 CLERP; ICAP $796.09 COMMUNITY ACTION PAYMENT; SD DOT $584.93, Ultieg $7,417.50 CONTRACT MAINTENANCE; SD Office Child & Family Services $1,674.00 CO NURSE PMT TO STATE; Lammers, Kleibacker, Dawson & Miller $3,890.95 COURT APPT ATTY; Avera Occupational Medicine $190.00, Redwood Toxicology $24.00 DRUG TESTING; HFCA $10,923.30, Sturdevant’s $99.09 FUEL; Co Employee $209.53 INSURANCE; Jury Members $610.00 JURIES; Mark Neises $328.00 MOWING; Lake Co Sheriff $19.98 PRISONER MEDICAL; Office Ally $39.95 PROCESSING FEE; Miner County Pioneer $767.87 PUBLISHING; Dust-Tex $175.20, Microfilm Imaging $385.00 RENT; Amazon $26.00, Floor to Ceiling $1,433.32, Graham Tire $480.56, Howard Auto Clinic $87.99, HFCA $397.78, J&L Machine & Welding $8,206.64, Office Peeps $257.65, Tritech Software $1,580.16, TwoTrees $300.00, Two Way Solutions $300.00 REPAIRS; Jebro $1,360.00, Shane’s Hardware $253.81, SD Federal Property Agency $864.00 ROAD MATERIALS; Kristian Ellendorf $900.00 STATE’S ATTY OFFICE EXPENSE; Amazon $245.95, Bierschbach Equipment $16.00, Bound Tree Medical $325.34, Butler Machinery $1,055.03, Dakota Fluid Power $215.28, ES&S $78.68, Fleetpride $206.46, Fox Promo $159.92, Home Service Water $63.00, HFCA $79.42, Mcleod’s Printing $122.19, Miner County Pioneer $67.04, Office Peeps $203.42, RDO Equipment $12,012.01, Tim Reisch $433.33, Rusty’s $147.78, Safety Kleen Systems $289.39, Tami Severson $20.00, Shane’s Hardware $40.94, SD Federal Property Agency $77.50, Sturdevant’s $910.91, Trail King Industries $85.28 SUPPLIES; Alliance $955.33, AT&T $275.43, Jessica Charles $30.00, Erin Feldhaus $30.00, Lori Kiehl $30.00, Becki Mommaerts $30.00, Tami Severson $30.00, Molly Steeneck $30.00, Danielle Werkmeister $30.00, Verizon $98.05 TELEPHONE; Arrowhead Resort $352.68, Joe Bechen $32.76, Kathy Faber $110.04, HFCA $42.48, Tim Reisch $277.31, Safety Benefits $75.00, SDAAO $400.00, Jury Members $182.09 TRAVEL; Central Electric Coop $152.63, City of Howard $3,887.90, Xcel Energy $9.32 UTILITIES.
Correspondence received: Listening & Learning Session Invite from SafePlace, August Miner County Moisture Report, August Veteran Service Officer report, DANR Air Quality Permit Renewal Notice, Commercial Property Changes Advisory Notice to Policyholders from Continental Western Group.
Highway Superintendent Krempges reported on highway matters. Townships have turned in their 5-year plans. Five townships have turned in applications for the Rural Infrastructure program; two have projects planned for 2025, one is moving a 2024 project to 2025, and two do not have projects planned for 2025.
Last Friday was the preconstruction meeting for the upcoming bridge projects; they will be starting on the one in Carthage this week. As soon as the Carthage bridge is done, they will check the weather and maybe start on the one north of Howard. Following up on the request for a temporary bridge for the road west of Carthage, both Faber and Krempges spoke to local resources to explore the possibility. Unfortunately, it has been determined there is nothing available locally, and the cost to ship one in and back out was not feasible. The expected completion date for the City of Carthage bridge is the end of October, which will help until winter. The board instructed Krempges to post a designated detour route. If township roads are significantly affected by increased travel, they may request assistance from the county. Faber will contact Sam Schlim regarding this.
Easements for project BRF 6136(00)23-1 were delivered last week, which need to be signed and sent in. They are still waiting for a 404 permit. Motion by Faber, second by Bechen, and carried to authorize Vice-Chair Reisch to sign the voluntary right-of-way donation agreements for project BRF 6136(00)23-1.
Krempges will send in a critical finding report and will have to report back every 12 months for the bridge west of Carthage. Krempges shared pictures from Brad Stangohr’s inspection report with the board, which will be included in the critical finding report. Other highway projects included spot-graveling, mowing, gravel crushing and blading.
The public hearing for the Miner County 5 Year Highway Plan was held as advertised at 10:00 a.m. in the commission room of the Miner County courthouse. Those present for the hearing included: Commissioners Faber, Reisch, Clary, and Bechen; Auditor Mommaerts; and Highway Superintendent Krempges. No questions or comments were made. Information will be forwarded to First District of Local Govts. for the final plan that will be considered at the October 1st meeting.
Nick Kolterman joined the meeting to request a firework permit, pursuant to SDCL 34-37-13. He will be hosting a celebrity golf charity event to raise funds for the event building for Suncatcher Ministries. He plans to host a concert out at the lodges on Saturday night, with a firework show through commercial supplier, Mike Denning, who is donating the fireworks to help with the fundraiser. Mike Denning will have liability insurance for the night of the event. Kolterman stated that there will not be any livestock or residents within a ½ mile, other than the Donahues, who have consented to the event. Commissioners instructed Kolterman to check the South Dakota Grassland Fire Danger Map the day of the event, as a Red Flag Fire Danger Warning would deem the permit void. Kolterman stated he would also invite the Fedora Fire Department to attend for free, to assist with fire safety during the show. Motion to approve the fireworks permit for September 28th at 42216 236th St in Fedora by Clary, seconded by Bechen and passed.
ANNUAL BUDGET FOR MINER COUNTY, SD
For the year January 1, 2025, to December 31, 2025
Tax Levy in Tax Levy in
Dollars $’s/1,000
COUNTY TAX LEVIES
WITHIN LIMITED LEVY:
County Purposes (SDCL 10-12-9) $3,398,406 3.948
(Includes $5,510 to be distributed to the cities.)
It was moved by Faber seconded by Clary and carried to pass the following resolution:
RESOLUTION 24-25
ADOPTION OF ANNUAL BUDGET FOR MINER COUNTY, SOUTH DAKOTA
WHEREAS, (7-21-5 through 13) SDCL provides that the Board of County Commissioners shall each year prepare a Provisional Budget of all contemplated expenditures and revenues of the County and all its institutions and agencies for such fiscal year, and
WHEREAS, the Board of County Commissioners did prepare a Provisional Budget and cause same to be published by law, and
WHEREAS, due and legal notice has been given to the meeting of the Board of County Commissioners for the consideration of such Provisional Budget and all changes, eliminations, and additions that have been made thereto;
CHANGES FROM THE 2025 PROVISIONAL BUDGET
REVENUE: FROM TO
General Fund
Cash Applied $1,342,967 $1,335,947
Tax Levy $3,399,386 $3,398,406
Dispatch Fund
Intergovt. Revenue $ 26,000 $ 44,000
Charges $ 90,000 $ 84,820
Other Sources $ 156,120 $ 143,300
EXPENDITURES:
General Fund
Operating Transfer to Dispatch $ 156,120 $ 143,300
NOW THEREFORE BE IT RESOLVED that such provisional budget as amended and all its purposes, schedules, appropriations, amounts, estimates, and all matters therein set forth SHALL BE APPROVED AND ADOPTED AS THE ANNUAL BUDGET OF THE APPROPRIATION AND EXPENDITURES FOR MINER COUNTY, SOUTH DAKOTA, and
all its institutions and agencies for calendar year beginning January 1, 2025, and ending December 31, 2025, and the same is hereby approved and adopted by the Board of County Commissioners of Miner County, South Dakota, this 16th day of September, 2024.
The Annual Budget so adopted is available for public inspection during normal business hours at the office of the county auditor, Miner County, South Dakota. The accompanying taxes are levied by Miner County for the year January 1, 2025, through December 31, 2025.
BOARD OF COUNTY COMMISSIONERS OF MINER COUNTY, SOUTH DAKOTA
Alex Protsch, Chairman (absent from meeting)
Tom Reisch, Commissioner
Joe Bechen, Commissioner
Katherine Faber, Commissioner
Mike Clary, Commissioner
Attest: Rebecca Mommaerts, County Auditor
There was a request from employees for permission to close offices during the Homecoming Parade on October 4th in support of the Howard School by posting signs on the doors stating that offices will reopen at the conclusion of the parade. Offices may remain open during the regular lunch break of 12:00-12:30 that day to make up for the time of the closure; otherwise, employees are expected to take leave for any extra missed work time. Commissioners approved this request.
Kristian Ellendorf will be taking a physical leave of absence, starting October 13th. Though she intends to continue working remotely, many of her regular office duties, including regular court appearances, will fall onto her deputy, Greg Protsch. Due to this, the commissioners considered swapping their salaries during her absence. Commissioners approved this salary exchange, effective November 1st until her physical return to the office.
Motion by Faber, seconded by Clary and carried to pass the following resolution:
RESOLUTION 24-26
RESOLUTION TO RECONVEY REAL PROPERTY
WHEREAS, a Tax Deed, having been procured by Miner County, State of South Dakota, pursuant to South Dakota Codified Laws Chapter 10-25, for the property herein described;
WHEREAS, on August 27, 2024, said Treasurer’s Tax Deed was recorded conveying the following-described real property to Miner County, South Dakota, grantee:
Lot B of Elevator Addition in Southeast Quarter (SE1/4) of Section Three (3), Township One Hundred Six (106) North, Range Fifty-six (56), West of the 5th P.M., Miner County, South Dakota;
The East fifty feet (E50’) of the North one hundred fifty-eight feet (N158’) of the North three hundred fifty-seven and twenty-five one hundredths feet (N357.25’) of the East one hundred fifty feet (E150’) of Lot four (4) of Lot fifteen (15), in the Southeast Quarter (SE1/4) of Section Three (3), Township One Hundred Six (106) North, Range Fifty-six (56), City of Howard, Miner County, South Dakota, according to the recorded plat thereof;
WHEREAS, the record owner of the property, prior to taking the property by Tax Deed, was in the name of the Richard D. Umstead Jr.;
WHEREAS, the sum of $2,446.14 represents the total principal, interest, and costs of all taxes represented in the tax deed and any other taxes and interest which are unpaid on the real property and which includes the title searches, publication, and mailing fees.
WHEREAS, the Miner County by and through its Treasurer, Jessica Charles, accepts regular payments made by Richard D. Umstead, Jr. pursuant to a monthly payment plan.
WHEREAS, upon payment of $2,446.14 and the effective time necessary for this Resolution, the County Commissioners for the County of Miner, State of South Dakota as the owner of real property described herein, and pursuant to SDCL §10-25-41, may authorize a reconveyance by Quit Claim Deed to the record owner or the record owner’s assignees or successors, of any real property held by the County under a Tax Deed;
WHEREAS, the reconveyance shall be for a consideration of not less than the total principal, interest, and costs of all real property taxes represented in the tax deed, and any other real property taxes and interest which are unpaid on the subject real property at time of reconveyance plus the total costs related thereto;
Now Therefore, BE IT RESOLVED, that the Board of County Commissioners for the County of Miner, State of South Dakota, hereby adopt and approve the reconveyance described herein and that Miner County shall quit claim the real property by Quit Claim Deed to Richard D. Umstead Jr., upon receipt of payment of $2,446.14; and
BE IT FURTHER RESOLVED, that the Miner County Treasurer, Jessica Charles, is hereby authorized, designated, and directed to execute and deliver a Quit Claim Deed to effectuate the transfer of said real property in the name of and on behalf of Miner County; the Miner County Auditor shall attest to the Quit Claim Deed under seal; and that the conveyance shall not be completed until twenty (20) days after the publication of this Resolution; and
BE IT FURTHER RESOLVED, that Richard D. Umstead Jr. shall upon receipt of his 2024 tax assessment notice meet with Miner County Treasurer, Jessica Charles, no later than December 31, 2024, and each here thereafter, to determine a monthly payment plan, which shall be effective on January 1, 2025 for all real estate taxes due and payable in the year 2025; and
BE IT FURTHER RESOLVED, that Failure to make payment as set for the above, and setting up a payment plan with the Miner County Treasurer by December 31, 2024, shall void this Resolution, and that at such time the Miner County Board of County Commissioners shall proceed with the sale of the property pursuant to SDCL §10-25-39.1.
Approved this 16th day of September, 2024.
Tom Reisch, Vice-Chair
Miner County Board of Commissioners
Attest: Rebecca Mommaerts, Miner County Auditor
The meeting adjourned to Tuesday, October 1st. Dated this 16th day of September 2024.
Tom Reisch, Vice Chair
Miner County Board of Commissioners
Attest: Rebecca Mommaerts, Miner County Auditor