July 7, 2015

July 7, 2015

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The Miner County Board of Commissioners met in regular session July 7, 2015, in the Miner County Courthouse.  Members present:  Roger Wentland, Tom Reisch, Alex Protsch, Garrett Gassman, and Voni Durant.  Absent:  none.  Chairman Wentland called the meeting to order.  The Pledge of Allegiance was recited.  Motion by Reisch, seconded by Gassman and carried to approve the agenda as amended.

The Auditor’s account with the County Treasurer showed a June 30, 2015 balance of $5,297,191.27 in all state, county, civil, school, and trust accounts.

                The minutes of the June 16th meeting were approved.

                The board acknowledged receipt of the following correspondence:  Miner Co. Sheriff & Dispatch Service May reports; SD DOT- Transportation Alternatives Program & Schedule for meeting to review 2016-2019 four year statewide transportation improvement Program (STIP); Miner County Conservation District & NRCS May reports.  

                Commissioners considered a request from Jackson County Commissioners for support of proposed legislation for presentation during the 2016 SD Legislative Session to grant the authority to counties to implement a county sales tax similar to that authority allowed to municipalities in SDCL 10-52 and 10-52A.  The board did not take action on the request as they prefer to hear more information concerning this topic at the SD Assn of County Commissioners’ fall convention. 

                The board adjourned as a board of commissioners and reconvened as a planning commission serving as the board of adjustments.

                A hearing was held as advertised to consider an application for a variance from the zoning ordinance to Kim Lewis to allow for a structure placed closer to roads than current zoning allows (structure on leased site-Wesley T. and Diann R. Lewis Living Trust) in the South West Quarter (SW4) of Section 26, T108N, R55W, Belleview Township, Miner County, South Dakota.  Present for the hearing was Zoning Administrator Tami Severson, Kim & Cheryl Lewis.  Mr. Lewis stated that the structure was built for a shade structure for beef cattle and placed in line with an existing shelter belt.  There were no comments or concerns presented for granting of the variance. 

                Motion by Reisch and seconded by Gassman that 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

KIM LEWIS FOR A VARIANCE                       )

 

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FINDINGS

 

I

                That the applicant, Kim Lewis, has made an application for a variance for a structure placed closer to roads than current zoning allows as a structure on leased site (Wesley T. and Diann R. Lewis Living Trust) in the Southwest Quarter (SW4) of Section 26, T108N, R55W, Belleview Township, Miner County, South Dakota and that Wesley T. and Diann R. Lewis Living Trust 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 July 7, 2015, in the Commission Room of the Miner County Courthouse.

 

V

                That the applicant and Cheryl Lewis appeared in person.

 

VI

                That no other persons appeared in opposition.

 

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 and testimony at the hearing all having been considered, it is the FINDING of the Miner County Board of Adjustment that the application of Kim Lewis for a variance be approved to allow construction of the structure closer to the road for the following reasons:

 

  1. That the Miner County Board of Adjustment is empowered under Section 505 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 505 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 7th day of July, 2015.

                                                                    Alex Protsch, Chairman

                                                                    Miner County Board of Adjustment

    Attest:  Susan Connor, Secretary

                    The board adjourned as a planning commission and reconvened as a board of commissioners.

                    Commissioner Protsch reported that a member of the public was concerned as to the storm sirens located in the NW part of town and that those sirens could not be heard inside of a person’s residence.  He stated that he had researched this with Emergency Management Director Calmus who informed him that a study was done on the placement of the storm sirens within the city limits of Howard.  The storm sirens are not intended to alert individuals within their residences.  Sirens are intended to warn those who are outdoors to take shelter.  The public is encouraged to use local radio & television transmissions, cellphone apps and weather alert radios when inside their residence.

                    Brad Stangohr of Ulteig, Inc. met with the commission to present a request for final payment for the courthouse parking lot improvement project.  The project came in under the estimate and $3000 in liquidated damages were assessed against the contractor for missed deadlines.   Motion by Protsch, seconded by Durant and carried to approve final payment of $11,204.80 and to close out the project.  Stangohr also addressed the ice buildup in the winter due to drainage from the roof on to the parking lot.  Several options for a solution were discussed.  The board will work with the custodian to assure the problem is resolved. 

                    It was moved by Protsch, seconded by Reisch, and carried to make an operating transfer, as provided for in the 2015 budget, of $50,000 from General Fund to the 911 Fund. 

                    Highway Superintendent Krempges reported on issues with the chip sealing project on the Canova Oil road between Canova and US Hwy 81.  Krempges indicated that it took longer than usual for the oil to cure.  He also reviewed the status on culvert replacement and weed mowing. 

                    Georgia Parment of TransCanada Keystone XL had submitted for consideration a resolution in support of the pipeline from Miner County.  The board chose not to adopt the resolution as they feel it is up to those counties affected by the pipeline to take action according to their beliefs.   

                    Peter Nielsen and Donna Bittiker of SDSU Extension along with Miner County 4-H Youth Advisor Maria Feldhaus joined the meeting to talk about the current memo of understanding between SDSU and Miner County.  Nielsen reviewed the plan that was utilized for the “re-organization” of 4-H programs across the state in 2011.  Currently Miner County does not share an advisor with other counties and therefore pays one of the highest rates charged by SDSU.  Commissioners asked if SDSU would be considering a change to the rate charged to Miner County.  Nielsen stated that the only way to change the rate would be to break the current agreement and negotiate other changes such as combining with another county or converting the advisor position to a county employee.  

    Motion by Reisch and seconded by Gassman to adopt the following resolution.

    RESOLUTION 15-13

                    WHEREAS, the Miner County Board of County Commissioners, having adopted and signed a Joint Cooperative Agreement on the 28th day of March, 1972, creating the First Planning and Development District, Model Rural Development Program,

                    BE IT RESOLVED that the Miner County Board of County Commissioners do agree to renew their participation in the Joint Cooperative Agreement for Fiscal Year 2016 (October 1, 2015 – September 30, 2016).

                    BE IT FURTHER RESOLVED that to support the Joint Cooperative Agreement and the activities of the District staff, the Miner County Board of County Commissioners will provide $7,649.09 to the First District Association of Local Governments during the aforementioned Fiscal Year 2016 period.

                    Voting aye:  Gassman, Reisch, Durant, Protsch and Wentland.  Voting nay:  none.  Resolution adopted this 7th day of July, 2015.

                                                                                                                    Roger Wentland, Chairman

                                                                                                                    Miner County Board of Commissioners

    Attest:  Susan R. Connor, Miner County Auditor

                    Director of Equalization Tami Severson presented the following plats for consideration.

                    It was moved by Durant and seconded by Reisch to adopt the following resolution. 

    RESOLUTION 15-14

                    BE IT RESOLVED by the Board of County Commissioners of Miner County, South Dakota, that the plat of BICKETT CONSERVATION EASEMENT TRACT 1 IN THE NE ¼, THE NORTH ½ OF THE SE ¼ AND THE SOUTH ½ OF THE SE ¼, ALL IN SECTION 14, T 108 N, R 55 W OF THE 5TH P.M. MINER COUNTY, SOUTH DAKOTA, which has been submitted for examination pursuant to law, is hereby approved and the County Auditor is hereby authorized and directed to endorse on such plat a copy of this Resolution and certify the same. 

                    Voting aye:  Reisch, Protsch, Durant, Gassman and Wentland.  Voting nay:  none.  Resolution adopted this 7th day of July, 2015.             

                                                                                                    Roger Wentland, Chairman                        

                                                                                                    Miner County Board of Commissioners

    Attest:  Susan Connor, Miner County Auditor

     

    It was moved by Protsch and seconded by Durant to adopt the following resolution. 

    RESOLUTION 15-14

                    BE IT RESOLVED by the Board of County Commissioners of Miner County, South Dakota, that the plat of BICKETT CONSERVATION EASEMENT TRACT 2 IN THE SW ¼ OF SECTION 13, T 108 N, R 55 W OF THE 5TH P.M. MINER COUNTY, SOUTH DAKOTA, which has been submitted for examination pursuant to law, is hereby approved and the County Auditor is hereby authorized and directed to endorse on such plat a copy of this Resolution and certify the same. 

                    Voting aye:  Reisch, Protsch, Durant, Gassman and Wentland.  Voting nay:  none.  Resolution adopted this 7th day of July, 2015.

                                                                                                    Roger Wentland, Chairman                                        

                                                                                                    Miner County Board of Commissioners

    Attest:  Susan Connor, Miner County Auditor

    Claims allowed: Road & Bridge $51,824.82, Wellmark $32,514.33, Reliance $1,391.02, Retirement $6,089.72, OASI $8,861.38, Commissioners $3,940.00, Auditor $6,260.50, Treasurer $6,269.25, States Attorney $3,673.25, Govt Building $2,520.00, Director of Equalization $6,537.45, Register of Deeds $5,307.10, Vet Service $793.75, Sheriff $10,240.75, Contract Law $3,476.00, Welfare $507.50, Co Nurse $1,850.82, Ambulance $7,714.56, WIC $0.00, Extension $1,100.39, Weed $994.75, Dispatch $8,793.17, Emergency Mgt $2,406.50; 

    Amy Beers $30.00, Eric Kobernusz $175.00, Tami Moore $50.00 4-H judges; Alliance Communications $300.00, Century Link $99.81 911 charges; SD Dept of Transportation $7,108.53 contracted maintenance; Domestic Violence Network $36.00, Mitchell Area Safehouse $36.00 dom. abuse pay to others; Miner Co Treasurer $8.00 domestic abuse admin exp; Racom Corp $26,027.00 equipment; Xcel Energy $12.52 electric service; HFCA $938.92 fuel; Northwestern $165.30 gas service; Lexis Nexis $129.00 law books; Yankton Co $113.75 mental illness hearing expense; FedEx $11.30, Miner Co Treasurer $229.67 postage; Miner Co Pioneer $118.41 publishing; Aramark $53.90 rent; Al’s Service $66.87, Badger Oil $208.26, Dakota Striping $222.60, Dan’s Heating & Cooling $153.06, Howard Auto Clinic $520.59, James Valley Nursery $8,067.51, Office Peeps $220.48, Robert Johnson Construction $11,204.80, SDN Communications $5,076.25, Ultra $9,460.99 repairs; Concrete Materials $80,792.01 road materials; Gregory Protsch $1,900.00 state’s attorney office expense allowance; A-Ox Welding $12.40, Dakota Data Shred $57.50, Dust-Tex Service $232.96, Homestead $143.89, HFCA $29,680.00, James River Equipment $183.95, Jones Ace Hardware $192.58, Light & Siren $354.94, McLeod’s $47.49, Miner Co Pioneer $41.85, Miner Co Treasurer $10.49, National 4-H Supply $18.05, Karla Neises $48.76, N. Central Int. of SF $48.01, Office Peeps $1,362.55, Pheasantland $1,256.58, Power Promotions $33.05, Rusty’s 15.16, Cora Schwader 145.99, Sturdevant’s $403.38, Tom’s Hardware $70.41, TrueNorth Steel $3,663.00, Wheelco $2.82 supplies; Alliance $821.59, AT&T $80.51, Century Link $7.65, Mike Clary $30.00, Rob Eggert $30.00, Lanny Klinkhammer $30.00, Verizon $69.86; Colleen Zobel $30.00 telephone; Darcy Albert $37.37, Robert Calmus $119.68, Cedar Shore Resort $183.90, Maria Feldhaus $237.93, Cindy Foster $18.50, Gibi Page $75.60, Tami Severson $48.10 travel; City of Howard $1,456.37 utilities; Factor360 $600.00 website expense

    The meeting adjourned to July 21, 2015.  Dated this 7th day of July, 2015.

                                                                                                       Roger Wentland, Chairman

                                                                                                       Board of Miner County Commissioners

    Attest:  Susan Connor, Miner County Auditor

     

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