May 15, 2018

May 15, 2018


            The Miner County Board of Commissioners met in regular session May 15, 2018 in the Miner County Courthouse.  Members present:  Roger Wentland, Garrett Gassman, Voni Durant, Tom Reisch and Alex Protsch.  Absent:  none.  Chairman Wentland called the meeting to order.  The Pledge of Allegiance was recited.  Motion by Protsch, seconded by Gassman and carried to approve the agenda as presented.


            The Board of Equalization minutes from April 10th and May 1st and the Miner County Commissioner minutes from the May 1st meeting were approved.


            The following correspondence was received:  SD Dept. of DENR-New Fashion Pork Manure Mgt. & Proposed Expansion, East Dakota WDD April 19th meeting minutes, and request for link on Miner County website.


            It was moved by Durant, seconded by Gassman and carried to approve the following claims for payment: Alliance $150.00, Santel $55.12, Triotel $169.53 911 CHARGES; Mitchell Regional Ambulance $300.00 ALS INTERCEPT; SD Dept. of Health Lab Service $35.00 BLOOD ALCOHOL; ICAP $633.50 COMMUNITY ACTION PAYMENT; Central Electric Coop $58.10, Xcel Energy $14.86 ELECTRICITY; Ultra $160.00 EQUIPMENT; Cardmember Services $117.01, HFCA $9,710.66, Sturdevant’s $67.91 FUEL; Canova Community Improvement $1,000.00, Miner Co Conservation District $7,000.00 GRANTS; Minnehaha Co Regional Juvenile Detention Center $6,160.00 JUVENILE DETENTION; Office of Rural Health $12.00 LICENSE; Mark Katterhagen $15.00, Lucy Lewno $164.97, Darcy Lockwood $15.00 MENTAL ILLNESS HEARING EXPENSE; Lake Co Sheriff $3,525.00 PRISONER CARE; Lewis Drug $14.97, Madison Family Dental $610.00 PRISONER-OTHER FEES; Stamp Fulfillment Services $306.25 POSTAGE; Microfilm Imaging Systems $210.00 RENT; Cardmember Services $325.00, Terry Carlson $2.13, Cummins Central Power $411.31, Dakota Fire Equipment $540.00, Hoffman Diesel $2,843.26, Homestead $32.97, Howard Auto Clinic $1,263.99, HFCA $78.00, Office Peeps $164.34, Racom Corp $2,945.88, S&S Contracting $228.78, Sturdevant’s $124.95, Tom’s Hardware $13.34 REPAIRS; Kolorworks $114.78, Lyle Signs $1,219.40 ROAD MATERIALS; Relx Inc. $144.00 SUBSCRIPTIONS; Butler Machinery $600.42, Cardmember Services $347.20, Dakota Data Shred $90.23, Dawson Construction $55.56, Dept. of Public Safety-OEM $68.00, Dust-Tex $152.86, GCR Tire Centers $1,753.75, Homestead $14.99, HFCA $199.56, Kibble Equipment $396.85, Krug Products $63.44, Mac’s $398.67, Office Peeps $1,295.20, Rusty’s $143.36, Sturdevant’s $748.07, Team Lab Chemical $340.00, Titan Machinery $152.16, Tom’s Hardware $130.01, Transource $339.60, Wheelco $2,130.60 SUPPLIES; Alliance $863.12, Verizon $94.48 TELEPHONE; Voni Durant $33.60, Garrett Gassman $17.64, SDSU $50.00 TRAVEL.  While the commissioners reviewed claims, Deputy Auditor Rebecca Mommaerts informed the Commission that the organization formerly known as Canova Youth Summer Recreation changed their name to Canova Community Improvement, so that is the name the payment was made to.


Miner County received a Subrecipient Agreement between the South Dakota Department of Health (SDDOH) and Miner County with regard to the WIC program.  Durant made a motion, second by Reisch and carried unanimously to approve the agreement between Miner County and the SDDOH for WIC services.


Miner County received a request from to include a link to their website on the Miner County website.  Their site provides students with comprehensive resourced and up-to-date information on how to choose the best online MBA program to fit their needs.  It was decided that’s purpose was separate entirely from the function of the Miner County website.  The Commissioners did not believe the public would go to the Miner County website looking for that type of resource, so the request was denied.


The board considered issuance of malt beverage licenses to operate outside of a municipality for the 2018-2019 licensing period.  It was moved by Reisch, seconded by Gassman and carried to approve the Retail (on-off sale) malt beverage license application for CC & F Retail Inc. (Jake’s Corner) for Tract A of Bessman’s First Addition NW ¼ Section 12-106-55 Clearwater Township.  It was moved by Gassman, seconded by Durant and carried to approve the retail (on-off) sale malt beverage license application for Sandy Scheuren (Coonhunter Inn) for Lot 1 of Lot 3 SW ¼ Section 34-105-57, Rock Creek Township.


Sheriff Lanny Klinkhammer informed the board that the state is mandating that counties have 911 call recorders that can record calls digitally.  The recorder currently used in the dispatch office is seven years old and was purchased for $14,000.  To upgrade the current recorder to work with the state updates would cost $5,000.  The other option is to replace it entirely for $17,000.  Klinkhammer stated the recorder has been replaced twice in the last 18 years.  Based on the history of its replacements, the current recorder will probably need to be replaced in about three years.  Either method of upgrading has to be done by July 2018.  It was moved by Durant, seconded by Protsch and carried unanimously to approve the purchase of a new 911 recorder for $17,000.


Ron Krempges, Highway Superintendent, reported to the board that he received no applications or inquires for the open highway maintenance worker position that closed on May 11th.  Krempges is going to run the ad a couple more weeks without a listed deadline, starting next week.


Krempges reported on road work being done by the County.  Krempges reported on issues with the packer equipment.  It is difficult to find used pull-type packers.  The commissioners approved Krempges ordering two pull-packers.


The board recessed as the Board of County Commissioners and reconvened as a Planning & Zoning Board serving as the Board of Adjustments.  Chairman Protsch called the meeting to order to consider a request for a conditional use permit from New Fashion Pork LLP to expand a CAFO (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.  Therefore the total increase of animals will be 521 head located in Tract A in Government Lot 1 NE4 of Section 6, T105N, R58W, Beaver Township, Miner County, South Dakota.  Representing New Fashion Pork at the hearing were Jay Moore, Director of Environmental Services, Rick Rothmeier, Director of Production, Lonna Hanson, Farm Manager, Tom Hanson, Farrow Department Manager, and Blake Risius, NFP Intern. Others present for the hearing included:  Zoning Administrator Tami Severson, Deputy State’s Attorney Kristian Ellendorf, Adam Peterson, Guy Peterson, Harvey Staffen, Jerry Winker, Mark Neises and Carla Poulson. Protsch asked for testimony on behalf of the expansion.


Moore stated that he was seeking approval for a variance request after the request failed in July, 2017 due to a number of unfortunate circumstances.  New Fashion Pork had been moving metal from building, and a big windstorm spread debris all over the place.  Moore acknowledged that New Fashion Pork didn’t do a good job at containing the debris.  There was also a major health catastrophe at that time, causing them to bury animals on site, which was not how they wished to handle the situation.  A number of neighbors were concerned with the events that transpired.  New Fashion Pork has been working hard since then to rebuild the trust.  He feels comfortable that the site is back to how it should be.  The past events overwhelmed them, and they are hopeful it doesn’t happen again.  This was the second big catastrophe that they’ve had.


Moore asked Rothmeier to come and explain the purpose of the expansion.  Rothmeier stated that it was really not to increase headcount but to reconfigure the flow of the animals.  They will have 10 more bays onsite and have it closed off, which will help tremendously.  It will give them plenty of space in case of another catastrophic event, and if numbers are overwhelming, they will use rendering trucks.  They will never bury again.  Rothmeier stated he removed the individual who was responsible for the oversight.


A letter has been signed by Moore and Rothmeier agreeing to the special conditions set forth by the neighboring individuals, Adam and Amanda Peterson, Guy Peterson and Wayne and Tami Moore.


Rothmeier showed an overall map view of the expansion.  They will be removing 64 farrowing stations and 32 from the other barn, increasing the space for the baby piglets to lay, which makes livability much better.  Fifty-two farrowing crates will be removed to turn into a staging room.  Currently, the wean truck is coming every day.  Every time the truck comes, there is risk of infection.  The expansion will make it possible for trucks to only come two times a week.  The trucks will be way under the weight restriction limits.  When you wean sows, you have to take them out of the farrowing house.  They currently don’t have that room, but with the expansion, there will be 60 empty stalls there.  They will be able to go directly from pens to breed in the stalls.  They also want to have more time to crate acclimate the animals because that’s better for them.  The expansion will increase the efficiency and flow, but it will not actually increase sow numbers.  There will be no additional units and no additional waste.  It will make things easier for people and create a lot less of a workload on a day-to-day basis.


Protsch questioned who would be overseeing the four special conditions that are laid out in the letter.  Moore stated that Lonna and Tom Hanson would.  If they’re not present, they’d appoint someone.  If any neighbors don’t feel satisfied the conditions are being carried out, they can call him or Rothmeier and they will immediately work to resolve the issue.


Adam Peterson stated that they would support the expansion so long as the special conditions are part of the conditional use permit.  That way if there is trouble, they have real accountability, though he stated he does not foresee trouble.  Wentland commented that he can see work has been done to improve relationships. 

Protsch asked if there were any questions or concerns from the public.  Hearing none, he asked if there was anything further from the board.


Durant questioned the use of the word “should” on the waste management plan.  However, this was on the request from the area neighbors, and not on the agreement from New Fashion Pork.


It was moved by Wentland, 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 OF FACT & CONCLUSIONS OF LAW


NEW FASHION PORK LLP, for a Conditional Use Permit           

to expand a Concentrated Animal Feeding Operation (CAFO)          

Findings of:     Miner County Board of Adjustment


                        Hearing May 15, 2018


            On May 15, 2018, this matter came before the Miner County Board of Adjustment (hereinafter referred to as Board) for a hearing regarding the Conditional Use Permit application filed by Rick Rothmeier and Jay Moore of New Fashion Pork LLP, its Director of Production and Director of Environmental Services, respectively (hereinafter referred to as applicant) to expand a Concentrated Animal Feeding Operation (CAFO), located on the property described as:

Tract A in Government Lot 1 Northeast Quarter (NE ¼) of Section Six (6), Township One Hundred Five (105) North, Range Fifty-eight (58), west of the 5th P.M., Beaver Township, Miner County, South Dakota.


            The Board consisted of Alex Protsch (Chair), Roger Wentland, Garrett Gassman, Voni Durant, and Tom Reisch. Also present were Miner County Deputy State’s Attorney Kristian D. Ellendorf, Miner County Zoning Administrator Tami Severson, and the Miner County Deputy Auditor, acting as secretary to the Board of Adjustment Rebecca Mommaerts. Those present on behalf of the applicant were Rick Rothmeier, Jay Moore and Adam Peterson. Minutes of the hearing were taken by the Board of Adjustment Secretary. After review of this matter, the application and based on evidence and statements heard during the public hearing, the Board hereby makes these Findings:



That New Fashion Pork LLP, applies for a conditional use permit to expand a Concentrated Animal Feeding Operation (CAFO) on the property described as the Tract A in Government Lot 1 North East (NE) ¼ of Section 6, T105N, R58W, Beaver Township, Miner County, South Dakota and that New Fashion Pork LLP is the owner of record thereof.


That the proposed location is within the Agricultural District described in the Miner County Zoning Ordinances, Article 3, and further designated on the Official Zoning Map, adopted May 4, 2004 by Miner County, South Dakota.


That the proposed use of said property is specifically prohibited by the zoning ordinance without the applicant first obtaining a conditional use permit, for which he has applied for and paid the applicable fee.



That New Fashion Pork LLP’s application proposes to expand an existing CAFO swine operation consisting by adding a new farrowing barn (288 head) and a new gilt developer unit (1300 head). The current permit is for a maximum head count of 7,286 (pigs over 55 pounds).



That the proposed CAFO expansion is a permitted conditional use in an Agricultural District.



That the applicant meets or exceeds all setbacks required by the Zoning Ordinances with the exception of the required ½ mile setback to a residence (proposed barn to neighbor’s house is 2,125 feet). That said neighbor signed a statement stating that they support the expansion. Tami Severson addressed no other concerns regarding the setback requirements for the proposed expansion.



That a notice of public hearing was published in the Miner County Pioneer at least ten (10) days before the public hearing as required by the Miner County Zoning Ordinances and that the owner of the property for which the conditional use was sought and all adjoining land owners were notified by mail of the hearing before the Board as required.



That the Board is empowered under the Miner County Zoning Ordinances, Article 5, to hear and decide, in accordance with the provisions of its Ordinances, all requests for conditional uses and to grant conditional uses with such conditions and safeguards as are appropriate under its Ordinance, or to deny conditional uses when not in harmony with the purpose and intent of its Ordinances.



That proponents appeared in support of and that no opponents appeared in opposition to the conditional use permit.



That the Board considered all such evidence and moved to approve the conditional use permit with the following conditions:

(1) Compost Material: that all compost material generated by New Fashion Pork LLP shall be land applied using best management practices;

(2) Catastrophic Mortality Event: that the carcasses will be composted or picked up by rendering trucks, in the event of a catastrophic death or loss of livestock;

(3) Mortality Management: that no dead animals will be buried onsite; and

(4) Waste Management: that a routine action plan shall be implemented to dispose of trash and debris generated at the farm. If trash is observed and the farm is contacted, a response by New Fashion Pork LLP shall be immediate. Such motion was approved unanimously.



That the Miner County Board of Adjustment is further made the applicable findings required by Section 505 of the Miner County Zoning Ordinance, which is considered a prerequisite to the granting of a conditional use permit. The Board believes the following specific rules governing individual conditional uses are met to their satisfaction, where applicable: 

a.         Entrance to and exit from property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe.

b.         Off street parking and loading areas where required, with particular attention to the items in above and the economic noise, glare, odor or other effects of the conditional use on adjoining properties and properties generally in the district.

c.         Refuse and service areas, with particular reference to the items in (a) and (b) above.

d.         Utilities, with reference to locations, availability, and compatibility.

e.         Screening and buffering with reference to type, dimensions, and character.

f.          Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect and compatibility and harmony with properties in the district.

g.         Required yards and other open spaces.

h.         General compatibility with adjacent properties and other property in the district.


Conclusions of Law


Any Finding of Fact that is more properly a Conclusion of Law shall be deemed so, and any Conclusion of Law that is more properly a Finding of Fact shall be deemed so.



That the Miner County Board of Adjustment has jurisdiction to enter its decision in the above entitled matter.



That Miner County adopted comprehensive zoning ordinances effective May 4, 2004, which provide an operational framework for the Board.



That New Fashion Pork LLP made a proper application to Miner County for a conditional use permit to expand a CAFO, in an approved district.



That proper notice was given to the public and adjoining landowners for the hearing held on May 15, 2018 at the Miner County Courthouse.



That the Board shall make a finding that it is empowered to make under Section 505 of the Miner County Zoning Ordinance to grant the conditional use, grant with conditions, or deny the conditional use, and that the granting of the conditional use will not adversely affect the public interest.



That the Board has considered the stated criteria of the Zoning Ordinance; the objectives of the comprehensive plan; the purpose of the Zoning Ordinance and all relevant Zoning Districts.



That the Board considered the health, safety, and general welfare of the public and surrounding area and evidence was presented that it would be adversely affected.



That the Board balanced concerns of the neighboring land owners which is in accordance with the duties of the Board.



That the Board regularly pursued its authority in hearing the application.



That the Board determined that the public interest will not be adversely affected.



That New Fashion Pork LLP’s application for a conditional use permit is APPROVED.



That the Board of Adjustment vote upon approval of such application was approved by a vote of 5 in favor thereof and 0 opposed thereto.


It is, therefore, ORDERED that said application be approved.

Dated this 24th day of May, 2018.

Alex Protsch, Chairman

Miner County Board of Adjustment

Attest: Rebecca Mommaerts, Deputy Secretary




The board adjourned as a Planning & Zoning Commission and reconvened as the Board of Commissioners.  The meeting adjourned until Thursday, June 7th.  Dated this 15th day of May, 2018.


                                                                        Roger Wentland, Chairman

                                                                        Miner County Board of Commissioners


Attest:  Rebecca Mommaerts, Miner County Deputy Auditor





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Physical Address: 

Miner County Courthouse

Park Ave. & Main St

401 N. Main St.

Howard, SD 57349


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