July 21, 2020
The Miner County Board of Commissioners met in regular session July 21, 2020 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 Durant, seconded by Gassman and carried to approve the agenda. Also present: DOE Tami Severson, Sheriff Rob Eggert and Deputy State’s Attorney Kristian Ellendorf.
The minutes of the July 7th meeting were approved. No one appeared for Public Comment. No conflict of interest was declared. Auditor Connor gave an overview of the July 16th East Dakota Water Development Meeting. The East Dakota WDD board voted to provide $2500 to the Lake Thompson cleanout project. The $2500 is half of the estimated cost of engineering and water flow monitoring.
It was moved by Reisch, seconded by Protsch and carried to approve the following claims for payment: Road & Bridge $40,217.97, Wellmark $42,199.92, Delta Dental $1,466.88, Kansas City Life $437.98, Retirement $6,065.13, OASI $8,524.61, Commissioners $4,430.75, Elections $39.58, Auditor $7,332.50, Treasurer $6,850.75, States Attorney $5,667.75, Govt Building $2,872.00, Director of Equalization $7,464.13, Register of Deeds $6,609.69, Vet Service $893.00, Sheriff $11,254.75, Contract Law $4,447.82, Welfare $502.35, Co Nurse $1,326.00, Ambulance $5,990.77, WIC $90.25, Extension $1,326.00, Weed $1,195.25, Dispatch $10,413.98, Emergency Mgt $2,219.75 JUNE PAYROLL; Mike Clary $20.00, Josh Esser $140.00, Kevin Feldhaus $20.00, Nathan Kizer $20.00 AMBULANCE ATTENDANT FEES; Triotel $167.53 911 CHARGES; SDACC $154.90, Lammers Kleibacker & Dawson $378.35 COURT-APPT ATTY FEES; SD DOH Lab $200.00 DRUG TESTING; Central Electric Coop $56.17 ELECTRICITY; HFCA $768.65, Sturdevant’s $14.09, Wingen’s Garage $319.00 FUEL; Miner Co Conservation $7,000.00, Miner Co Historical Society $2,500.00 GRANTS; Emergency Safety Education $113.61 IN SERVICE EDUCATION; Miner Insurance Agency $1,327.00 INSURANCE; Thomson Reuters $840.78 LAW BOOKS; Woods, Fuller, Shultz & Smith $463.00 LEGAL FEES; Todd Spader $654.00 MOWING; Colleen Arens $12.74, Colonial Research $422.38 PANDEMIC SUPPLIES; Aramark $406.23 RENT; Diesel Machinery $1,000.13, HFCA $121.57, Office Peeps $104.76, Sturdevant’s $133.66, Transource $126.00 REPAIRS; Brock White Co $96.00, Concrete Materials $372.49, Jebro $3,792.05, Lyle Signs $159.90, Spencer Quarries $464.32 ROAD MATERIALS; Brock White Co $171.45, Cardmember Services $21.30, Diamond Mowers $447.20, Maria Feldhaus $30.00, Gall’s $132.34, I-State Truck Center $573.52, Light and Siren $273.00, Madison Ace Hardware $254.91, McLeod’s $212.32, Miner Co Pioneer $48.35, Office Peeps $23.15, Pharmchem $28.55, Pomp’s Tire Service $1,665.75, Stan Houston Equipment $179.00, Sturdevant’s $216.93, Thomson Reuters $155.68, Transource $182.96, Wheelco $700.91 SUPPLIES; Verizon $71.75 TELEPHONE; Voni Durant $50.40, Garrett Gassman $17.64, McKissock $199.99 TRAVEL.
It was moved by Gassman and seconded by Durant to adopt the following resolution.
RESOLUTION 20-25
A RESOLUTION TO CONTINUE SUPPORT FOR THE FIRST DISTRICT ASSOCIATION OF LOCAL GOVERNMENTS DURING FISCAL YEAR 2021
(October 1, 2020 – September 30, 2021)
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, do hereby agree to renew their participation in the Joint Cooperative Agreement for Fiscal Year 2021 (October 1, 2020-September 30, 2021). To support the Joint Cooperative Agreement and the activities of the District staff, the Miner County Board of County Commissioners will provide $8,867.39 to the First District Association of Local Governments during the aforementioned Fiscal Year 2021 period.
Voting aye: Protsch, Durant, Gassman, Reisch and Wentland. Voting nay: none. Resolution adopted this 21st day of July, 2020.
Roger Wentland, Chairman
Miner County Board of Commissioners
Attest: Susan Connor, Miner County Auditor
The board considered a request for compromise of lien. After discussion concerning the placement of the lien on the individual while he/she was a minor, it was moved by Durant and seconded by Gassman and carried to authorize the chairman to sign the release of lien as it was filed in error on a minor child.
Deputy State’s Attorney Kristian Ellendorf briefly reviewed SDCL 22-14-24 (6) allowing county employees to carry weapons within county facilities. Ellendorf recommended the county develop policy to cover issues arising with this law change. Ellendorf will consult with Curt Neises, Miner County’s Insurance agent, and develop a policy for the commission to consider.
Ms. Ellendorf informed the commission on correspondence received concerning filing a proof of claim in the Purdue Bankruptcy which is associated with the National Prescription Opiate Litigation. It was moved by Reisch, seconded by Gassman and carried to authorize the State’s Attorney to file Proof of Claim associated with this case.
Treasurer Pat Carmon joined the meeting. Ellendorf reviewed the status of tax deed proceedings. It was moved by Reisch and seconded by Protsch to adopt the following resolution.
Miner County Resolution 20-26
RESOLUTION OF gratuitous transfers of real property
by Board of County Commissioners to the City of Carthage
WHEREAS, a Tax Deed (S.B.), having been procured by Miner County, State of South Dakota, pursuant to South Dakota Codified Laws Chapter 10-25, for the property herein described as parcel 1 below; and
WHEREAS, a second tax deed proceeding was initiated and the redemption period has begun on a second property, herein described as parcel 2 below, and the Affidavit of Service was filed with the Miner County Treasurer pursuant to SDCL §10-25-8, on the 20th day of July 2020;
WHEREAS, said redemption period is set to expire on the sixtieth day of said filing and if the property is not redeemed by that time it is the intention of the County of Miner to acquire said property by tax deed: and
WHEREAS, the County of Miner, in the State of South Dakota has determined that it is in the best interest of the public to convey to another political subdivision, to wit: City of Carthage, the following properties, located in the City of Carthage, South Dakota:
1. Lot Three (3), Block Twenty-Six (26), of the Original Plat of the City of Carthage;
2. Lots Four (4) and Five (5), Block Three (3), of the Original Plat of the City of Carthage;
WHEREAS, Miner County, South Dakota does so intend to deed the above described properties to the City of Carthage and the City of Carthage agrees to accept said conveyances by Quit Claim Deed;
Now Therefore, BE IT RESOLVED, that the Board of County Commissioners for the County of Miner hereby adopts and approves the conveyances described herein and hereby authorizes the county to acquire the properties in accordance with the tax deed proceedings set forth in South Dakota Codified Laws Chapter 10-25;
RESOLVED, that the Board of County Commissioners for the County of Miner hereby deems it advisable and to the best interest of the public to convey the above described properties, once acquired, to the City of Carthage pursuant to SDCL §6-5-2, and
FURTHER RESOLVED, that the Chairperson of the Board of County Commissioners, Roger Wentland, is hereby authorized, designated and directed to execute and deliver all necessary documents to effectuate the gratuitous transfer of said real property, including the deeds and any other documents or instruments contemplated by, necessary or convenient to effectuate the conveyance, in the name of and on behalf of Miner County, with such additions to, deletions from, or changes in, such agreement as any of the authorized officers may approve; such approval to be conclusively evidenced by such execution and delivery:
Voting aye: Protsch, Durant, Gassman, Reisch and Wentland. Voting nay: none. Approved this 21st day of July 2020.
Roger Wentland, Chairman
Miner County Board of Commissioners
Attest: Susan Connor, Miner County Auditor
The State’s Attorney 2021 proposed budget was reviewed. More discussion will take place at the August 4th meeting.
Director of Equalization Tami Severson updated the commission on SDCL 10-6-22.21 (2) which addresses adjustments that may be made to the assessed valuation of agricultural land. Severson also explained that the productivity valuation of agricultural land for the 2021 assessment year has been updated.
Highway Superintendent Ron Krempges presented applications for assistance from Redstone & Carthage Townships. Redstone’s application was for repair to the culverts that were installed by the county last year located ¾ of a mile west of the intersection of 421st Ave and 221st St. Miner County installed these culverts last year sharing with Redstone Township the total cost of that project. Redstone Township estimates the total cost of repairing the road around those culverts to be $15,000. The request is for Miner County to pay for 2/3 of the cost. It was moved by Gassman, seconded by Protsch and carried to offer a 50% share as Miner County assisted last year in the $60,000 project at the same site.
Carthage Township’s request was for repair around a bridge located on 220th St. between 427th & 428th Ave. The total projected cost is $4000 to $5000. Krempges stated Carthage Twp. is requesting assistance in hauling the material to fix the area around the bridge. It was moved by Gassman, seconded by Durant and carried to assist in the hauling of the material.
It was moved by Reisch and seconded by Durant to adopt the following resolution.
RESOLUTION 20-27
WHEREAS, Miner County wishes to submit an application for consideration of award for the Bridge Improvement Grant Program:
STRUCTURE: 49-093-020-LOCATION: 2.3 miles East of Carthage over Rock Creek
and WHEREAS, Miner County certifies that the project is listed in the county’s Five-Year County Highway and Bridge Improvement Plan;
and WHEREAS, Miner County agrees to pay the 20% match on the Bridge Improvement Grant funds;
and WHEREAS, Miner County hereby authorizes the Bridge Improvement Grant application and any required funding commitments.
NOW THEREFORE BE IT RESOLVED that the South Dakota Department of Transportation be and hereby is requested to accept the attached Bridge Improvement Grant application.
Voting aye: Protsch, Durant, Gassman, Reisch and Wentland. Voting nay: none. Resolution adopted at Howard, SD this 21st day of July, 2020.
Roger Wentland, Chairman
Miner County Board of Commissioners
Attest: Susan Connor, Miner County Auditor
Krempges also reviewed other highway matters including water levels on roads located in the northeast corner of the county and gravel crushing.
Sheriff Rob Eggert presented his 2021 budget. The commission questioned several of his requests. The following amounts were removed from his original request: Sheriff’s dept.-$5000 for office furniture; Contract Law-$2000 for office furniture. The board also denied his request to budget for a new vehicle to replace the 2014 Dodge Ram pickup. The board agreed to increase in 2021 the law enforcement clothing allowance to $250/officer/year.
Eggert explained that Deputy Hahn was scheduled to go to officer training at the academy in Pierre, SD this year. Due to COVID, that training is now delayed until Spring of 2021. Eggert requested that one half of the pay increase authorized upon completion of the officer training be granted to Hahn effective August 1st. Eggert’s reasoning was that Hahn’s delay in obtaining certification was due to cancellation of training due to COVID. It was moved by Durant, seconded by Gassman and carried to increase Josh Hahn’s salary to $40,500.00 as of August 1st.
Colleen Arens reported the mini-split air conditioner located in the 911 technology room is not working. The board instructed her to contact Dan’s Heating & Cooling for repair.
Veteran’s Service Officer Terry Lee submitted his resignation effective August 21, 2020. The board accepted his resignation and would like to thank him for his years of service to the veterans of Miner County. This position will be advertised.
In discussing the courthouse renovation project, Gary Snow & Associates has proposed doing a complete inspection of the courthouse to identify asbestos that must be abated. The board agreed to proceed with his proposal.
The board recessed until 1:30.
Commissioners Roger Wentland, Garrett Gassman, Voni Durant; Auditor Susan Connor; and Jim Weber & Herm Harms of Puetz Design Build met at 1:30 at the Hanson County courthouse. The group toured the Hanson facility which was built approximately 10 years ago. Discussion included ADA accessibility, courtroom requirements, and office layouts. A letter received from Cindy Callies was also presented. She made a request to place the Facilities Study document on the Miner County website. Puetz officials will review that request and forward a document that can be placed on the website.
The meeting adjourned until August 4th. Dated this 21st day of July, 2020.
Roger Wentland, Chairman
Miner County Commission
Attest: Susan Connor, Miner County Auditor