April 10, 2012
The Miner County Board of Commissioners met in adjourned session April 10, 2012, in the Miner County Courthouse. Members present: Don Bowman, Pat Maroney, Roger Wentland, Voni Durant and Heath Thompson. Absent: none. Chairman Thompson called the meeting to order. The Pledge of Allegiance was recited.
The Auditor’s account with the County Treasurer showed a March 31, 2011 balance of $3,656,412.10 in all state, county, civil, school, and trust accounts.
Motion by Durant, seconded by Maroney and carried to approve the agenda as amended.
The minutes of the March 20th meeting were approved.
The board reviewed the request from Attorney Richard Ericsson for a release of lien on behalf of his clients. Commissioners request that Ericsson appear at the next commission meeting to review the request.
Correspondence from First District of Local Governments was discussed. A request will be made for Todd Kays, executive director of the district to attend a future meeting to discuss the change in the joint cooperative agreement.
The total unassigned fund balance of the General Fund as of March 31, 2012 is $1,134,493.44 which represents a 35.92% fund balance percentage based on the 2012 total General Fund budget.
Weed Control Superintendent Robert Calmus joined the meeting for the opening of Weed Control Chemicals as advertised for a one-year supply. The following bid was submitted by Howard Farmers Coop: 4lb 24D Amine in 265 gallon bulk containers $15.50/gallon; 4 lb 24D Amine in 2 ½ gallon containers $21.50/per gallon; Tordon in 2 ½ gallon containers $69/gallon; Glyphosate in 2 ½ gallon containers $15.00/gallon; Grazon in 2 ½ gallon containers $35.00/gallon; Milestone in 2 ½ gallon containers $360.00/gallon. Motion by Bowman, seconded by Durant and carried (Wentland abstained) to award the bid for Weed Control Chemicals to Howard Farmers Coop.
The commission adjourned as a board of commissioners and reconvened as a Zoning Board acting as a board of adjustments. Zoning Administrator Kay Hageman joined the meeting.
A hearing was held to consider an application for a variance from the zoning ordinance from Terry and Gary Stangohr to locate a grain bin closer to the road than allowed by zoning regulations in the SW ¼ 22-106-56, Howard Township, Miner County, South Dakota.
Following consideration of oral testimony in support of the application, it was moved by Wentland, seconded by Bowman and carried the Findings that follow 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
TERRY AND GARY STANGOHR FOR A VARIANCE )
-----------------------------------------------------------------------------------------------------------
FINDINGS
I
That the applicants, Terry and Gary Stangohr, have made an application for a variance to locate a grain bin closer to the road than allowed by zoning regulations in the SW ¼ 22-106-56, in Miner County, South Dakota, and that Gary Stangohr 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 April 10, 2012, in the Commissioners’ Room of the Miner County Courthouse.
V
That applicants appeared in person.
VI
That no person appeared in opposition to granting the variance.
VII
That a presentation in support of said variance and testimony on behalf of said variance was received at the hearing and that no testimony regarding concerns for the granting of the variance was received at the hearing.
NOW, THEREFORE, that application, testimony at the hearing all having been considered, it is the FINDING of the Miner County Board of Adjustment that the application of Terry &
Gary Stangohr for a variance be approved to allow locating a grain bin closer to the road than allowed by zoning rules for 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.
VIII
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 10th day of April, 2012.
Patrick Maroney, Chairman
Miner County Board of Adjustment
Attest: Susan Connor, Secretary
The board adjourned as a planning commission and reconvened as a board of commissioners.
The following plat was presented for consideration. It was moved by Maroney and seconded by Durant and carried that the Plat of Lot 2 and Lot 3 of T.R. DeHaven’s 2nd addition in the S ½ of Section 6, Township 106 North, Range 56 West of the 5th P.M. Town of Vilas, Miner County, South Dakota appears to conform to the system of roads, existing plats, and section lines of Miner County and that adequate provisions has been made for access to adjacent un-platted lands and that all provisions of Miner County Subdivision Regulations have been complied with. Furthermore, all taxes and special assessments upon the Tract or subdivision have been paid and that the plat and the survey thereof have been lawfully executed. Said plat is approved and accepted and the Chairman is hereby instructed to endorse on such plat this resolution and to certify the same.
Adopted this 10th day of April, 2012.
Heath A. Thompson, Chairman
Miner County Board of Commissioners
Attest: Susan R. Connor, Miner County Auditor
Highway Superintendent Ron Krempges discussed road matters with the commission. Krempges reviewed the projected costs for the 2014 over lay project and requested that Clark Engineering be selected to provide the engineering services for the project. Krempges also gave an overview of the National Association of County Engineers convention that was held in Lexington Kentucky. Krempges who currently serves as the president of the South Dakota Highway Superintendents attended the conference as a representative from that association.
The board adjourned as a board of commissioners and reconvened as a board of equalization. Members took their oaths. Director of Equalization Kay Hageman, Howard City Mayor Andrew Dold, and Clinton Township representatives Vicky Vining and Robert Peterson were also present.
The board considered the nonresident appeal 12-01 of Thomas J. Gerardi on behalf of One Dakota LLC regarding Lot 5 & A Parcel 200’ X 425’ in NE ¼, Howard City Acre Prop. NE ¼ 11-106-56, Miner County. Representatives from One Dakota LLC did not attend. The applicant was requesting the valuation of the property be lowered due to vacancy and deterioration of the building. The request was for the valuation to be lowered from 1,7901,137 to 300,000. Hageman recommended that the building be lowered due to vacancy, depreciation and the condition of the cement within the facility and no change in valuation to the land. It was moved by Maroney, seconded by Wentland and carried to lower the valuation from NA-DC2 $1,754,137 to NA-DC2 $898,587 and the NA-DC to remain at $36,000.
The board considered the nonresident appeal 12-02 of Darrell W. Schaap regarding the NW ¼ & SW ¼ Exc. Platted Part of Section 3, Township 106N, Range 58W, Clinton Township, Miner County. The applicant did not attend. The applicant was requesting the valuation of the ag land be lowered due to the volume of water located on the property. Hageman recommended no change in the valuation. She presented photos of a dam located on the property which is holding the water and not allowing it to flow from the land. Motion by Maroney, seconded by Wentland and carried to deny appeal 12-02.
The board recessed until April 24, 2012. The board reconvened as a board of commissioners.
Jay Gilbertson, executive director of the East Dakota Water Development District and Cindy Foster joined the meeting. Commissioner Thompson explained the proposed resolution to withdraw the western one half of Miner County(Redstone, Carthage, Miner, Green Valley, Clinton, Roswell, Beaver, and Rock Creek Townships, and the communities of Carthage and Roswell) from the James River Water Development District. The process for opting out or joining a Water Development District was explained by Mr. Gilbertson. The western half of Miner County was brought into the James River WDD through the SD legislature in 2008. Since that time the taxable benefit has not been realized through any projects that affect the western half of Miner County. Thompson would like to give the voters the opportunity to express their desires on either withdrawing or remaining in the district.
Cindy Foster presented petitions signed by 35 Miner County voters within the James River WDD requesting that the commission adopt a resolution to opt out of the water district and forward that resolution to the SD Board of Water and Natural Resources for placement on the General election ballot.
Motion by Durant and seconded by Bowman to adopt the following resolution.
RESOLUTION NUMBER 12-09
RESOLUTION FOR ELECTION ON QUESTION OF THE WITHDRAWAL OF WESTERN MINER COUNTY FROM THE JAMES RIVER WATER DEVELOPMENT DISTRICT
WHEREAS, western Miner County (Redstone, Carthage, Miner, Green Valley, Clinton, Roswell, Beaver, and Rock Creek townships, and the communities of Carthage and Roswell) is presently a member of the James River Water Development District; and
WHEREAS, it is the belief of the Miner County Commission that such membership does not serve the best interests of that part of the county and that the voters of this area should decide whether western Miner County should withdraw from the James River Water Development District by a public vote at the 2012 General Election; and
WHEREAS, SDCL 46-3A-16 requires a four-fifths affirmative majority vote of the Miner County Commission for the passage of a Resolution for withdrawal from the James River Water Development District, which Resolution is to be presented to the South Dakota Board of Water and Natural Resources in order for it to call for an election on the question; and
WHEREAS, this action is for the purpose of allowing the voters of western Miner County to decide whether western Miner County should withdraw from the James River Water Development District; now, therefore, be it
RESOLVED that the Miner County Commission requests that the South Dakota Board of Water and Natural Resources calls for an election on the question of western Miner County's proposed withdrawal from the James Water Development District.
Heath Thompson, Chairman
MINER COUNTY COMMISSION
ATTEST: Susan Connor, Miner County Auditor
Roll Call Vote: YEA Don Bowman YEA Lavonne Durant YEA Pat Maroney
YEA Heath Thompson YEA Roger Wentland
Commissioners Maroney left the meeting.
Treasurer presented the following resolution for adoption. Motion by Wentland and seconded by Durant to adopt the following resolution.
RESOLUTION12-10
WHEREAS, SDCL 10-22 requires the Board of Commissioners to examine the Delinquent Buildings on Leased Site, and
WHEREAS, the County Treasurer has presented said Building on Leased Site Delinquent Tax List, and the same has been examine pursuant to law, and
WHEREAS, a distress warrant has been issued and returned unsatisfied and it appears that the following listed taxes are presently uncollectible
NOW THEREFORE BE IT RESOLVED by the Board of Miner County commissioners that the following listed taxes are presently declared uncollectible within the meaning of SDCL 10-22-30.
Voting aye: Durant, Wentland, Bowman and Thompson. Voting nay: none. Resolution adopted this 10th day of April, 2012.
Heath Thompson, Chairman
Miner County Board of Commissioners
Attest: Susan Connor, Miner County Auditor
TAXES TO BE DECLARED UNCOLLECTIBLE
BUILDING ON LEASED SITE
Cheryl Smith 205 N Douglas St. Apt 3 Howard City 2010
Howard SD 57349 (distress warrant returned uncollectible)
Tax $103.80
Building on Leased Site, Lot 10, Oines Trailer Park, Howard City-Acre
Property, SE ¼ 3-106-56
Mark Fairchild representing the LaRouche PAC presented information concerning the North American Water and Power Alliance and support to restore the Glass-Steagall Act.
Claims allowed: Commissioners $3639.50, Auditor $5957.68, Treasurer $5833.50, States Attorney $3388.50,Govt. Building $3081.33, Director of Equalization $4368.06, Register of Deeds $5510.34, Vet Service $732.50, Sheriff $9862.72, Contract Law $3099.75, Wellfare $465.13, County Nurse $2143.13, Ambulance $7157.63, WIC $32.93, Extension $1426.08, Weed $1013.81, Dispatch $11,353.14; Emergency MGT $2129.50; Road & Bridge $31,246.19; Wellmark $17,560.36, TransAmerica-GAP $5361.67, Guardian - Life, $169.74, Dental, $776.79 , Vision $246.69, OASI $ 7338.13, Retirement $5185.00; Ron Krempges $18.00, Joe Erpenbach $18.00, Grant Stevens $18.00, Harvey Schrank $9.00, David Laible $18.00, Terry Carlson $18.00, Don Eppe $9.00, Darwin Callies $9.00, travel; Sheriff-$108.00 travel & phone; SD Assn of Co Commissioners $250.00, Welfare workshop; Miner Co Recreation Assn $1500.00, Canova Summer Youth Recreation $1200.00, recreation grant; Abbott House Inc $489.00, Davison Co Jail $225.00, Mitchell Clinic $31.00, prisoner care; Alliance Communications $778.40, AT&T Mobility $127.92 phone; A-OX Welding Supply $55.32, Boyer Ford Trucks $648.74, Campbell Supply $69.76, Canova Service Center $460.50, DakotaGas Propane $385.00, Dust-Tex Service $113.48, Homestead Building Supply $131.19, Howard Farmers Coop $7,804.24, James River Equipment Co. $341.04, Kimball Midwest $139.32, Lyle Signs $1304.25, Mac’s Inc $66.62, McLeod’s Printing & Office Supplies $519.54, Michael Todd & Co. $619.83, Office Peeps, Inc $1197.48, Power Promotions $28.50, Rusty’s Foodland $266.65, SD Federal Property Agency $51.60, Sturdevant’s Auto Parts $288.79, Team Lab Chemical Corp $4400.00, Tom’s Hardware Hank $65.08, Ultra, Inc $303.00, Vilas Sales & Service $251.95, Wheelco Brake & Supply $95.74, supplies; Aramark Uniform Services $92.35, rent; Best Western Ramkota Inn $434.95, Maria Feldhaus $219.42, Wallace Jacobson $9.62, Bruce Nelson $9.99, Dan Page $23.68, Gibi Page $129.48, Robert Peterson $20.72, SD Assn of County Officials $450.00, travel; Brock White Co $11,890.98, road materials; Community Counseling Service $3500.00, drug abuse and mental health center grant; Dakota Fire Equipment Co $470.45, Front Range $25.17, Homestead Supply $44.49, Office Peeps, Inc $357.24, Sioux Falls Two Way Radio $418.99,Tom’s Hardware $41.33, Ultra, Inc $507.50, Vanguard Appraisals, $1945.00, repairs; Freddies Motel $50.00, sheriff other services; Howard City $1304.06, utilities; NW Energy & Comm $1495.01, gas service; Interlakes Community Action $512.90, outreach worker; Miner County Pioneer $360.39, publishing; Power Phone, Inc $258.00, Alliance Communications $300.00, 911, Santel Communications $55.12, Triotel Communications $170.39, 911 charges; SDSU Extension $10,500.00, extension 4/H pmt to state; Sioux Falls Two Way Radio $2057.50, Emergency Mgt other-homeland security; Xcel Energy $16.37, electric service; Gregory Protsch $900.00, office expense allowance; Mike Clary $30.00, Rob Eggert $30.00, Lanny Klinkhammer $30.00, cell phone allowance.
The meeting adjourned to April 24, 2012. Dated this 10th day of April, 2012.
Heath Thompson, Chairman
Miner County Board of Commissioners
Attest: Susan Connor, Miner County Auditor