November 5, 2019
The Miner County Board of Commissioners met in regular session November 5, 2019 in the Miner County Courthouse. Members present: Roger Wentland, Garrett Gassman, Tom Reisch, Voni Durant and Alex Protsch. Absent: none. Chairman Wentland called the meeting to order. The Pledge of Allegiance was recited. Motion by Protsch, seconded by Durant and carried to approve the agenda. The minutes of the October 15th & 21st meetings were approved. No one appeared for Public Comment.
The Auditor’s account with the County Treasurer showed an October 31, 2019 balance of $9,273,077.79 in all state, county, civil, school, and trust accounts.
Correspondence received and reviewed included: East Dakota Water Development District-October meeting minutes; SD Dept of Agriculture-2020 Revision of the SD Forest Action Plan.
It was moved by Durant, seconded by Gassman and carried to authorize the auditor to pay the following claims: Miner Co Treasurer $1,500.00 4-H Awards; Century Link $109.17, Santel $55.12 911 CHARGES; Horizon Health Care $200.00 BLOOD DRAW; Lammers Kleibacker $486.75, Tschetter & Adams $349.40 COURT APPOINTED ATTORNEYS; Xcel Energy $10.38 ELECTRICITY; Northwestern Energy $70.95 GAS SERVICE; PCS Mobile $17,553.88, Zuercher Technologies $15,168.00 HOMELAND SECURITY; Emergency Safety Education $113.61 IN SERVICE EDUCATION; Miner Insurance Agency $37,261.00, SDML Workers’ Comp $27,039.00 INSURANCE; SD Assn Co Commissioners $1,320.00 LEGAL EXPENSE RELIEF FUND; City of Howard $878.52 MOSQUITO CONTROL; Miner County Pioneer $172.68 PUBLISHING; Diesel Machinery $6,000.00, Microfilm Imaging Systems $290.00 RENT; Al’s Service $78.73, Gary Snow & Associates $765.30, Girton Adams $332.50, Hafner Electric $231.02, James Valley Landscape $676.80, Light & Siren $2,516.91, Office Peeps $212.78, Two Way Solutions $37.99, Ultra $913.50 REPAIRS; Homestead Building Supply $20.76, Jebro $60,274.41, Jeff Lund $1,110.00 ROAD MATERIALS; Boyer Trucks $49.22, Bright Arrow $200.00, County Wide Directory $524.00, Dakota Data Shred $16.00, Dawson Construction $98.49, Krug Products $68.36, McLeod’s $95.54, Office Peeps $975.12, PCS Mobile $510.89, Pharmchem $242.20, Rusty’s $15.83, SD Dept of Health $945.00, Tami Severson $20.00, SD Sheriffs Assn $24.39, Tom’s Hardware $19.47, Universal Services $163.80 SUPPLIES; Alliance $920.42, Colleen Arens $30.00, AT&T Mobility $93.78, Century Link $20.99, Tami Severson $30.00 TELEPHONE; Voni Durant $50.40, Maria Feldhaus $173.28, Garrett Gassman $26.46, Brittany Yanish $56.28 TRAVEL; City of Howard $1,413.49 UTILITIES.
Sheriff Eggert attended to give an update as to activities within the Sheriff’s department.
It was moved by Protsch, seconded by Durant and carried to authorize the planting of a tree in memory of Jim McCain by his family. The tree shall be planted by the family in an approved spot north of the courthouse.
Miner County Treasurer Pat Carmon provided information on the current investments for the county funds. She explained the investments are mostly in River’s Edge Bank vs American Bank & Trust because of higher interest rates at River’s Edge Bank. Carmon has verified Rivers Edge Bank’s pledged collateral through the SD Secretary of State’s website.
The Board of Commissioners considered the application of a retail on-sale liquor license from Sandy Scheuren (Coonhunter Inn) to operate outside of a municipality (Lot 1 of Lot 3 of SW ¼, Epiphany) for the 2020 licensing period. It was moved by Gassman seconded by Reisch and carried to approve the on-sale liquor license application of Sandy Scheuren (Coonhunter Inn).
A request was considered from the Third Circuit Court Administrator for an update to the courtroom PA system for hard of hearing access. It was moved by Reisch, seconded by Durant to approve the quote from Mid States Audio & Video for a hard of hearing system.
Deputy State’s Attorney Kristian Ellendorf joined the meeting to review legal issues. It was moved by Gassman, seconded by Durant and carried to enter into executive session (SDCL 1-25-2 (3)) to discuss legal matters at 9:42. Those present for executive session included commissioners, Susan Connor, Kristian Ellendorf, and Gibi Page. The board returned to regular session at 10:01.
Highway Superintendent Ron Krempges joined the meeting to inform the commission on the completion of the Redstone Twp. Culvert project. The highway department rented an excavator to complete this project along with replacement of culverts located on the south side of section 28 in Clearwater Township. He also reviewed other highway matters including mowing of ditches and the purchase of a used tire changing machine.
Colleen Arens joined the meeting. Discussion was held concerning the courthouse heating, window and water issues. The windows need to be removed and gasketed to prevent the leaking that is occurring throughout the courthouse. Replacement of the boiler must be completed before winter of 2021. The piping associated with the heating system is the original piping and is in need of major repairs. The basement has continual water seepage. More information will be sought from other counties who have made major renovations and who have built new. This subject will be placed on the November 19th agenda.
The board adjourned as a board of commissioners and reconvened as a Planning & Zoning Board acting as the Board of Adjustments. Chairman Protsch called the meeting to order. A hearing was held as advertised to consider the application of Jordon Leighton. The request, if granted, would permit the applicant to construct a shed to sell seed and other farm inputs on property currently owned by Rodney Moschell described as Leighton Tract 1 in NW4 of Section 10, T106N, R57W, Roswell Township, Miner County, South Dakota. Present for the hearing was Zoning Administrator Tami Severson. Severson presented the application to the board which also included a map indicating the placement of the building. She also stated that US Fish and Wildlife have been in contact with Leighton concerning the wetlands located on the property.
It was moved by Wentland and seconded by Gassman 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 )
) FINDINGS
JORDAN LEIGHTON
FOR A CONDITIONAL USE )
-----------------------------------------------------------------------------------------------------------
FINDINGS
I
That the applicant, Jordan Leighton, has made an application for a conditional use to permit the applicant to construct a shed to sell seed and other farm inputs on property currently owned by Rodney Moschell described as Leighton Tract 1 in NW4 of Section 10, T106N, R57W, Roswell Township, Miner County, South Dakota.
II
That the proposed use of said realty is specifically prohibited by the zoning ordinance without applicant first obtaining a conditional use, for which they have applied.
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 November 5, 2019 in the Commission Room of the Miner County Courthouse.
V
That the applicant, Jordan Leighton was not present.
VI
That no person appeared in opposition to granting the application.
VII
That a presentation in support of said conditional use and testimony on behalf of said conditional use was received at the hearing and that no testimony in opposition to the granting of the conditional use was received at the hearing.
NOW, THEREFORE, that application, testimony at the hearing, and arguments of individuals at the hearing all having been considered, it is the FINDING of the Miner County Board of Adjustment that the application of Jordan Leighton for a conditional use be approved for the following reasons:
1) That the Miner County Board of Adjustment is empowered under Section 505 of the Miner County Zoning Ordinance to grant with conditions the conditional use and that the granting of the conditional use will not adversely affect the public interest.
2) That the Miner County Board of Adjustment certifies compliance with the specific rules governing individual conditional uses.
3) That the Miner County Board of Adjustment is able to make the applicable findings required by Section 505, Subsection 5 of the ordinance, which are considered prerequisite to the granting of a conditional use.
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 5th day of November, 2019.
Alex Protsch, Chairman
Miner County Board of Adjustment
Attest: Susan Connor, Secretary
The board adjourned as a Planning & Zoning Board and reconvened as a Board of Commissioners. Having no further business the meeting adjourned until November 19th. Dated this 5th day of November 2019.
Roger Wentland, Chairman
Miner County Board of Commissioners
Attest: Susan Connor, Miner County Auditor