March 19, 2024
The Miner County Board of Commissioners met in regular session March 19, 2024, in the Miner County Courthouse Commission room. Members present: Alex Protsch, Tom Reisch, Joe Bechen, and Mike Clary. Kathy Faber joined the meeting telephonically. Members absent: none. Also present for portions of the meeting were Tami Severson, Kayla Miller, Rob Eggert, Tim Neises, Karla Neises and Steve Neises.
Chairman Protsch called the meeting to order. The Pledge of Allegiance was recited. It was moved by Bechen, seconded by Reisch, and carried to approve the agenda. The minutes of the March 5th meeting were approved. No reports of meetings attended.
It was moved by Clary, seconded by Reisch and carried to authorize the auditor to pay the following claims: ICAP $796.09 COMMUNITY ACTION PAYMENT; SD Narcotics Officers Assn $100.00 DUES; Elan Financial $51.80, HFCA $5,525.61, Sturdevant’s $123.54 FUEL; Wellmark $53,494.31 INSURANCE; Ulteig $3,729.50 CONTRACTED MAINTENANCE; Kenney Pier Loftus & Reynolds $264.50 MENTAL ILLNESS HEARING EXPENSE; Miner Co Treasurer $45.13 POSTAGE; Lake Co Sheriff’s Office $90.00 PRISONER CARE; Fidelity Abstract $225.00 PROFESSIONAL FEES; Dakota Body Shop $1,836.86, Elan Financial $318.54, Midwest Fire & Safety $369.00, TwoTrees $1,936.40 REPAIRS; Butler Machinery $992.68, Dawson Construction $103.21, Elan Financial $137.85, Gessner Welding $25.00, Home Service Water $40.60, Howard Cold Storage $131.85, Lori Kiehl $67.08, Mcleod’s Printing $799.53, Miner County Pioneer $51.24, Miner Co Treasurer $33.97, Office Ally $39.95, Office Peeps $1,389.64, Runnings $109.96, Rusty’s $26.44, Safety Kleen $289.72, Shane’s Hardware $66.44, SD Federal Property Agency $84.00, Sturdevant’s $905.57, Transource $83.82, TwoTrees $169.70, White Cap $471.86 SUPPLIES; Joe Bechen $25.50 TRAVEL; Central Electric $67.44, Xcel Energy $46.18 UTILITIES.
Commissioners acknowledged receipt of the following correspondence: February Miner County Sheriff report, February Miner County Veterans Service Officer report, and the January and February minutes from the East Dakota Water Development District.
Motion by Clary, seconded by Bechen and carried to approve the Miner County, South Dakota Worksite Naloxone Policy, and designate Rebecca Mommaerts as the Naloxone Coordinator. The training video link will be sent out to all county employees to complete within the next month, and the policy and training video will be included in required materials for new hires henceforward.
During public comment, Director of Equalization Tami Severson reported on her meeting with the Howard City Council on March 18th. Severson was commended for the education she provided during that meeting.
The county burn ban will remain in place and be placed on the next agenda for consideration. Mommaerts will research burn ban ordinance revision plans from last year that were never finalized.
Director of Equalization Tami Severson presented a plat consideration for Joseph Clark. Taxes have been paid and Severson recommends approval. It was moved by Bechen and seconded by Clary and motion carried unanimously to pass the following resolution:
RESOLUTION 24-14
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 GOOSE ISLAND ADDITION IN SECTION SEVENTEEEN (17), TOWNSHIP ONE HUNDRED SEVEN (107) 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 March 19, 2024 and the county Auditor is hereby instructed to endorse on such plat a copy of this resolution and to certify the same.
Dated this 19th day of March, 2024.
Alex Protsch, Chairperson
Miner County Board of Commissioners
Attest: Rebecca Mommaerts, Miner County Auditor
Motion by Reisch, seconded by Bechen and carried to approve the permit to land aircraft on Miner County Highways submitted by Dakota Air Spray with the condition that Dakota Air Spray provide a copy of the updated liability insurance prior to the expiration of the current liability insurance policy submitted with the permit request.
The board acknowledged receipt of the email from Sovanna Beekman of East Central South Dakota Victim Services regarding case lists and reporting, as well as the introduction of diversion services. Emails have been sent to the State’s Attorney and Sheriff regarding these services as well.
Superintendent Ron Krempges left documents with Auditor Rebecca Mommaerts for the Commission to approve. For the bridge project located 5 miles south and 4.6 east of Carthage, authorizations are needed by the county. Motion by Faber, seconded by Reisch and carried to authorize Chairman Protsch to sign the bid letting authorization, right of way certificate and utilities certificate for project BRO-B8049(24).
There is state funding for pavement markings through the SD DOT, to be paid with the STBGP payout, if approved. This would be a 15-year contract, and Miner County would receive at least $5,577.96 annually to help with the cost of pavement markings. Motion by Faber, seconded by Reisch, and carried to authorize Chairman Protsch to sign the State of South Dakota Department of Transportation Joint Powers Agreement to Provide the Pavement Marking of County Roads within Miner County. Motion by Clary, seconded by Bechen and carried to accept the bid for pavement marking awarded by Minnehaha County during their February 20th meeting to Dakota Traffic Services, LLC; Miner County’s quoted price is $23,004.32.
Community Health Nurse Kayla Miller joined the meeting to answer questions pertaining to her office operations. Miller is still in the office three days a week, usually Monday, Wednesday, and Friday. Since she is also covering Lake County, the days may sometimes fluctuate. The only thing not offered anymore in the CHN office is WIC. The assistant position left vacant by Brittany Yanish was discussed. Motion by Reisch, seconded by Clary and passed unanimously to approve the 2024 Community Health Services contract with the State of SD.
It was moved by Clary, seconded by Faber and carried to purchase corrugated metal culverts, guardrail, steel decking, bridge lumber & ring shank spikes, grader blades, steel piling, and concrete block erosion control during the period from February 1, 2024 through January 31, 2025, off of the bid awarded by Beadle County during its January 9, 2024 meeting to TrueNorth Steel.
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, and Mike Clary. Kathy Faber was present telephonically. A public hearing was held as advertised to consider application for a variance pursuant to Section 1101.04. The applicants, Timothy G. and Karla Neises, are applying for a variance to plat a parcel at approximately four (4) acres, which is less than current zoning allows.
With consideration of the information presented, it was moved by Reisch, seconded by Bechen 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 )
TIMOTHY G. & KARLA NEISES ) FINDINGS
FOR A VARIANCE )
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I
That the applicants, Timothy G. & Karla Neises, have made an application for a variance to plat a parcel at approximately 4 acres, which is less than current zoning allows in the parcel described as LOTS 1-2 & E ½ NW ¼ EXC TRACT 1 OF T&K NEISES ADDITION ON NE1/4 OF 7-106-55, Clearwater 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 March 19, 2024, in the Commission Room of the Miner County Courthouse.
V
That applicants, Timothy G. & Karla Neises, appeared in person.
VI
That Steve Neises appeared in support of said variance and 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 Timothy G. & Karla Neises for a variance to plat a parcel at approximately 4 acres which is less than current zoning allows should be approved for the following reasons:
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.
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 19th day of March, 2024.
Alex Protsch, Chairman
Miner County Board of Adjustment
Attest: Rebecca Mommaerts, Secretary
It was moved by Faber, seconded by Clary, and carried to adjourn as a Planning & Zoning Board and reconvene as a Board of Commissioners.
Sheriff Rob Eggert requested hiring a part-time deputy who is not yet certified. The position would be an on-call basis. There were questions on hourly pay for an uncertified part-time deputy sheriff, salary for the certification period, insurance, and other benefits. The Commissioners instructed Eggert to talk with the interested party on whether the 13-week certification period would interfere with their current employment.
Motion to adjourn by Kathy Faber, seconded by Bechen, and carried.
The meeting adjourned to April 2nd. Dated this 19th day of March, 2024.
Alex Protsch, Chairman
Miner County Board of Commissioners
Attest: Rebecca Mommaerts, Miner County Auditor