Wednesday, July 5, 2017

July 5, 2017


The Miner County Board of Commissioners met in regular session July 5, 2017 in the Miner County Courthouse.  Members present:  Roger Wentland, Tom Reisch, Garrett Gassman, Voni Durant, and Alex Protsch.  Absent:  none.  Chairman Wentland called the meeting to order.   The Pledge of Allegiance was recited.  Motion by Durant, seconded by Protsch and carried to approve the agenda as amended.


The minutes of the June 20th meeting were approved.


The Auditor’s account with the County Treasurer showed a June 30, 2017 balance of $6,501,175.95 in all state, county, civil, school, and trust accounts.


The board acknowledged receipt of the following correspondence:  FEMA Base Level Engineering Training; East Dakota Water Development District May Minutes:  Sheriff & 911 Reports for April & May; Miner County Conservation District & NRCS Reports for April; Miner County Quarterly Compensatory Time Report.


Director of Equalization Tami Severson gave an update of the GIS progress and requested direction for contacting the City of Howard for possible use of the system.  Severson will attend the City of Howard board meeting to explain the current GIS program.


In budget review Bob Calmus requested additional funds within his budget to cover a new spray system for the Weed Department’s spray truck.  The current system is 25 years old and parts are no longer available for repairs.  The board instructed the auditor to place the additional budget request ($14,000) into the Weed Dept. budget.


SDCL 35-4-11.1 was reviewed.  This statute covers the issuance of county held liquor licenses.  This matter will placed on the July 18th agenda for further discussion and consideration.


SDCL 35-4-103 allows counties and municipalities to impose an additional license fee for video lottery machines on licensed premises.  The board was not in favor to implement such fees and took no action to do so. 

Brian Loken of Mitchell’s Life Quest joined the meeting to inform the board of the number of Miner County residents that are receiving services through Life Quest and to request funding to support the program in 2018.  Currently there are 8 surrounding counties who provide funding to support the program.  Life Quest’s request to Miner County is $2500.  The board instructed the auditor to include the request in the 2018 provisional budget.

The board considered the request from courthouse employees to assist with the delivery of Meals on Wheels.  The board granted the ability to “flex” an employee’s lunch hour so that meals could be delivered from 11:00-12:00.  The board granted this request with the understanding that all offices must be open regular business hours.


Alaina Henning, Regional Victim Witness Coordinator explained her position.  Currently there are 11 counties (including Miner County) that are participating in this program which helps victims/witnesses navigate the court proceedings and actions.


Sheriff Lanny Klinkhammer reviewed the letter that was received from the State 911 Coordination Board SD Dept. of Public Safety concerning the non-compliance for the Miner County 911 Center.  As of July 1st the center is now in compliance and access to the sheriff’s office will now be limited.  Changes to the door, addition of security camera and electronic locking mechanism will complete the compliance issues.


Highway Superintendent Ron Krempges reported on the progress of asphalt patching, chip sealing, and mowing.


The board recessed as a board of commissioners and reconvened as a Planning and Zoning Commission acting as the Board of Adjustments.  Chairman Protsch called the meeting to order to consider the application of New Fashion Pork LLP to expand a Concentrated Animal Feeding Operation adding a new farrowing barn (288 head) and a new gilt developer unit (1300 head).  Currently the farm is permitted for a maximum head count of 7,286 (pigs over 55 pounds).  This expansion will increase the maximum number of animals, over 55 pounds to 7,807.  Present for the hearing included:  Zoning Administrator Tami Severson, Jay Moore Director of Environmental Services for New Fashion Pork, Adam & Amanda Peterson, Guy Peterson, Wayne & Tami Moore.


Severson asked Jay Moore to explain to the board their application.  He stated that it is the company’s intentions to construct a new farrowing unit and a new gilt developer unit to increase space for improving the health of the animals without the use of antibiotics.  With the building expansion they will be able to increase the weaning from a 15-18 day to 21-24 day which will improve the health of the piglets.


Protsch asked for comments from the neighbors attending the hearing.  Amanda Peterson informed the board that there have been two outbreaks of disease that claimed a very large portion of the pig population at the facility.  Each incident required large pits to be dug to bury the mortalities.  She voiced concern as to how those pits will eventually affect the ground water supply within the area.  Peterson also described the construction that took place when the contractor did not contain the trash associated with the construction.  Ms. Peterson also stated to the board that they do not have an issue with the smell as they live in an agricultural district and those smells are part of living in the rural area.


Adam Peterson provided pictures of the trash that eventually ends up in neighboring fields along with pictures of the pits full of dead pigs.   It was stated that when mortalities are placed in the pit that must be covered with compost or dirt.  The pictures showed no evidence of such covering.  Also Adam said that the disease is transmitted from outside the facility and that procedures and facilities need to be upgraded to control those risks.


Wayne Moore spoke to the trash from operations such as feed bags and plastic from bedding material that is allowed to blow on a daily basis.  Neighbors have had to clean the trash from their fields with no help from the facility.  He also questioned the capacity of water through the Kingbrook Water System to which Jay Moore replied that Kingbrook has been contacted concerning the expansion.


Tami Moore questioned why no trees have been planted around the facility as this was an issue when the facility first gained permission to operate at that location.


Jay Moore assured the board and those in attendance that he would work at correcting the above mentioned concerns and would place in his written plan to improve the operations and trash management.  He also stated that if the permit was approved the company would being digging wells for an additional water supply. 

Wentland voiced much concern as to the trash spreading to other neighbors’ fields and that must be rectified before he would be in favor of supporting the expansion.  Adam Peterson did say that the grounds at the facility have been “cleaned up” in the last week.  Other board members also voiced concern as to controlling the trash and the handling of the mortalities with a catastrophic outbreak of disease.  These issues need to be corrected before gaining board approval for the expansion.


It was moved by Wentland and seconded by Durant to approve the conditional use permit of New Fashion Pork to expand a Concentrated Animal Feeding Operation adding a new farrowing barn (288 head) and a new gilt developer unit (1300 head).  Voting aye:  none.  Voting nay:  Wentland, Durant, Gassman and Protsch.  Conditional Use Permit is not approved.  Moore asked when this matter could be reconsidered.  Severson will inform Jay Moore of the process that New Fashion Pork will need to follow for reapplying.


The board adjourned as a Planning & Zoning Commission and reconvened as a Board of Commissioners.

Register of Deeds Karla Neises, Treasurer Pat Carmon, DOE/Planning & Zoning Administrator Tami Severson, and Deputy Sheriffs Rob Eggert and Mike Clary joined the meeting to request wage increases.  The board voiced concern of tax payers in supporting salary increases other than the cost of living increase for all employees.  The board instructed the auditor to continue with the annual percentage increase for all employees with no additional raise with the exception of the previously decided increases for Pat Carmon and Ron Krempges.


It was moved by Durant, seconded by Gassman and carried that due to the nature of the weed spraying time frame Bob Calmus is exempt from using compensatory time before using vacation leave.


Commissioners reviewed email correspondence from Jon & Dawn Mentele concerning the removal of dead trees on their property.  They made a request to obtain access through the courthouse property.  The board granted the request.


CLAIMS ALLOWED: Road & Bridge $34,394.02, Wellmark $33,411.10, MetLife $1,468.47, Retirement $5,435.41, OASI $7,996.16, Commissioners $4,140.00, Auditor $6,616.50, Treasurer $5,969.25, States Attorney $3,859.25, Govt Building $3,157.44, Director of Equalization $6,865.70, Register of Deeds $6,189.22, Vet Service $834.00, Sheriff $10,772.75, Contract Law $3,875.87, Welfare $294.24, Co Nurse $444.41, Ambulance $8,133.43, WIC $0.00, Extension $1,064.90, Weed $1,183.50, Dispatch $12,639.61, Emergency Mgt $2,198.75 JUNE PAYROLL; Susan Connor $11.00, Pat Carmon 11.00, Tami Severson $11.00, Karla Neises $11.00 TRAVEL.

SDSU Extension $11,803.75 4-H PAYMENT TO STATE; Xcel Energy $12.55 ELECTRIC SERVICE; Kibble Equipment $67.02 FUEL; Northwestern Energy $62.33 GAS SERVICE; Children’s Care Corner $6,000.00, Community Counseling Service $3,500.00 GRANTS; Corner Pantry $65.46 IN SERVICE EDUCATION; Mitchell Clinic $119.00 JAIL MEDICAL FEES; SD Assn of County Commissioners $1,050.72 LEGAL EXPENSE RELIEF FUND; Nick Kramer $295.00 MOWING; Miner Co Treasurer $113.34 POSTAGE; Bob’s Electric $2,545.35, Kibble Equipment $667.70, Ultra $225.00 REPAIRS; Team Lab Chemical Corp $284.50 ROAD MATERIALS; Greg Protsch $900.00 STATE’S ATTY OFFICE EXPENSE ALLOWANCE; Gall’s Inc. $42.50, Good Samaritan Society $20.00, Homestead Building Supply $19.98, Kibble Equipment $89.66, McLeod’s Printing $553.94, Miner Co Pioneer $43.95, Miner Co Treasurer $58.86, Office Peeps $9.54, Positive Promotions $188.94, Rafferty-Robbins $2.99, Scull Studios $30.00, SD Federal Property Agency $83.00, TrueNorth Steel $203.16 SUPPLIES; Alliance $828.20, Colleen Arens $30.00, AT&T $82.25, Century Link $11.68, Mike Clary $30.00, Rob Eggert $30.00, Lanny Klinkhammer $30.00 TELEPHONE; Bob Calmus $81.84, Amie Kidd $134.68, North Dakota APCO $350.00 TRAVEL; City of Howard $1,831.69 UTILITIES; Beadle Co Auditor $950.00 VICTIMS ADVOCATE QRTLY PMT.


The board adjourned until the July 18th meeting.  Dated this 5th day of July, 2017.


                                                                        Roger Wentland, Chairman

                                                                        Miner County Board of Commissioners

Attest:  Susan Connor, Miner County Auditor



Contact Info

Please see department pages for direct contact information.

Physical Address: 

Miner County Courthouse

Park Ave. & Main St

401 N. Main St.

Howard, SD 57349


Office Hours: 

7:30am-12:00pm & 12:30pm-4:00pm

Monday - Friday

(Sheriff/Dispatch Office Open 24/7)