August 16, 2022
The Miner County Board of Commissioners met in regular session on August 16, 2022 in the Miner County Courthouse Commission room. Members present: Alex Protsch, Tom Reisch, Kari Jo Carlson, Kathy Faber and Joe Bechen. Absent: none. The flag pledge was recited. Also present for portions of the meeting was Miner County Sheriff Rob Eggert.
Motion by Faber, seconded by Carlson and carried to approve the agenda. The minutes of the August 1st meeting were approved.
The board acknowledged receipt of the following correspondence: Miner County Moisture Report; Victim Witness July Report; Miner County Sheriff July Report.
During Public Comment Commissioner Protsch informed the board that a variance was granted by the Howard City Council on August 15th. This variance is associated with the property located to the east of the courthouse and described as Lot 1 of Lot 18 of NW4 2-106-56 Howard City. Publication of this public hearing notice by the City of Howard stated the hearing was to be held on April 11th. The county did not receive notice of this hearing until it was requested by the county auditor after being made aware of the publication in the Miner County Pioneer.
Motion by Reisch, seconded by Faber and carried to approve the following claims for payment: Alliance $150.00, Santel $55.12, Triotel $191.53 911 CHARGES; Lammers, Kleibacker & Dawson $14,369.04 ABUSED/NEGL CHILD DEFENSE ATTY; ICAP $701.92 COMMUNITY ACTION PMT; PCI Roads $210,935.39 CONTRACTED MAINTENANCE; SD DOH Lab Service $125.00 DRUG/ALCOHOL SCREEN; Kent Terwilliger $30.00 DUES; Ulteig Engineers $13,544.63 ENGINEERING; Ultra $780.00 EQUIPMENT; HFCA $21,641.49, Sturdevant’s $51.60 FUEL; Miner Co Conservation Dist. $7,000.00 GRANT; Miner Co Treasurer $30.00 INSURANCE; Redi Towing $591.00 INVESTIGATION EXPENSE; SD Dept. of Human Services $2,602.50, Volunteers of America $928.45 MENTALLY ILL PATIENT CARE; Todd Spader $297.00 MOWING; Miner Co Treasurer $142.00, Stamp Fulfillment Services $734.00 POSTAGE; Davison Co Sheriff $2,945.00, Lake Co Sheriff $2,560.00 PRISONER CARE; Madison Community Hospital $75.00 PRISONER MEDICAL; Office Ally $35.00 PROCESSING FEE; Bender’s Sewer & Drain $453.50, Butler Machinery $1,384.00, Direct Digital Control $1,009.00, Curt Eliason $4,500.00, Homestead Building Supply $282.68, HFCA $104.39, Intek $3,660.83, Klinkhammer Plumbing $64.00, Marshall & Swift/Boeckh $1,919.95, Menards $467.12, Office Peeps $253.23, Overhead Door Co $653.75, Puetz Design + Build $568.88, S&S Contracting $699.49, Sentry $910.72, Shane’s Hardware $822.01, Two Way Solutions $1,149.50, Ultra $1,411.25 REPAIRS; HFCA $660.00, Shane’s Hardware $47.96, Spencer Quarries $387.68 ROAD MATERIALS; Relx $149.00 SUBSCRIPTION; Boyer Trucks $9.93, Butler Machinery $355.08, Cardmember Services $766.78, Dakota Data Shred $66.96, Dust-Tex $186.42, Home Service Water Conditioning $39.40, Homestead Building Supply $136.31, HFCA $220.00, Innovative Office $17.06, Mac’s Inc $33.98, McLeod’s $224.57, Miner Co Treasurer $30.03, Office Peeps $596.76, Pomp’s Tire Service $784.00, Rusty’s $33.91, Shane’s Hardware $606.27, SD Federal Property Agency $164.50, Sturdevant’s $79.13, Transource $112.96, Ultra $81.30 SUPPLIES; Alliance $977.78, AT&T $273.30, Verizon $88.19 TELEPHONE; Joe Bechen $21.00, Kathy Faber $35.28, HFCA $88.52, SDEMA $100.00 TRAVEL; Central Electric Coop $133.80, Northwestern $10.65, Xcel Energy $9.38 UTILITIES;
Anne Aamot $80.00, Diane Anderson $80.00, Christi Borgers $50.00, Wyatt Helms $200.00, Karen Lambert $50.00, Susi Odden $150.00, Stephanie Terwilliger $50.00, Adam Wirt $200.00, Jill Wunder $50.00 PROFESSIONAL SERVICE; SDACC $1,170.00 TRAVEL.
It was moved by Faber, seconded by Reisch and carried to recess as a Board of Commissioners and reconvene as a Planning & Zoning Board acting as the Board of Adjustments. A hearing was held, as advertised, to consider an application for a variance from the zoning ordinance from Richard P & Lynne Calmus for construction of a 24x26 addition to their home which will be closer to the road than current zoning allows in the SE4SE4 & E2SW4SE4 of Section 35, T106N, R56W, Howard Township, Miner County, South Dakota.
Information was presented from Zoning Administrator Tami Severson stating no objections to granting the variance have been received. Highway Superintendent Krempges had no concerns with granting the variance application.
It was moved by Bechen and seconded by Carlson 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
RICHARD P. & LYNNE CALMUS FOR A VARIANCE )
-----------------------------------------------------------------------------------------------------------
FINDINGS
I
That the applicants, Richard P. & Lynne Calmus, have made an application for a variance for construction of a 24x26 addition to their home which will be closer to the road than current zoning allows in the SE4SE4 & E2SW4SE4 of Section 35, T106N, R56W, Howard Township, Miner County, South Dakota, and that they are the owner of record thereof.
II
That the proposed use of said realty is specifically prohibited by the zoning ordinance without applicant first obtaining a variance, for which he has 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 August 16, 2022, in the Commission Room of the Miner County Courthouse.
V
That applicants, Richard P. & Lynne Calmus did not appear in person.
VI
That no person appeared in objection to granting the variance.
VII
That a presentation in support of said variance and testimony on behalf of said variance was received at the hearing and that no testimony regarding the granting of the variance was also received at the hearing.
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 Richard P. & Lynne Calmus for a variance for construction of a 24 x 26 addition to their home for the following reasons:
1) 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.
2) 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 16th day of August, 2022.
Alex Protsch, Chairman
Miner County Board of Adjustment
Attest: Susan Connor, Secretary
The board adjourned as a Planning and Zoning Board and reconvened as a Board of Commissioners. A maintenance report for the Howard Hotel and Convention Center was provided by Tami Severson. A contractor will be onsite today to remove the damaged solar panels. Also included in the report was information concerning the issues with the fire alarm system. Midwest Alarm provided options for repairs to the system. Chairman Protsch will visit with insurance agent, Curt Neises, to determine what will be required by the insurance company. This matter will be discussed at the next commission meeting on September 6th.
Auditor Connor handed out the published 2023 Provisional Budget. The Provisional Budget hearing will be held as advertised on September 6th at 9:30.
Connor reported on the issues with the courthouse sewer system. Sewage is backing up through the floor drain in the basement bathroom. On many occasions there has been sewer gas odor throughout the courthouse. Mitchell Plumbing (who worked on the courthouse upgrade in 2021) and Bender’s Sewer & Drain have submitted a proposal to aggressively clean the cast iron sewer lines and install liners in the problem areas. Mitchell Plumbing would install a manhole outside the south east side of the courthouse to provide access to the sewer lines below the building. Completing this work should minimize the project of replacing sewer pipes & connections located in the basement bathroom. It was moved by Carlson, seconded by Bechen and carried unanimously to declare this project an emergency and authorize Mitchell Plumbing and Bender’s Sewer & Drain to begin work and order equipment immediately.
Highway Superintendent Ron Krempges joined the meeting to give a report on highway matters. They have completed the chip sealing in Kingsbury County. The SD DOT will begin the county’s paving marking projects in approximately a month.
It was moved by Carlson and seconded by Faber to adopt the following resolution.
RESOLUTION 22-30
WHEREAS, assistance having been granted for case numbers 03-03 and 12-06, by the County of Miner in the total of $160,746.85, and
WHEREAS, it has been proposed that said County liens be released for the reason that the property is of minimal value. The individual’s heir is making improvements to the property as well as paying the back taxes. It was determined that the burden of the County liens is too great to continue improving the property and
WHEREAS, it appears to all members of the Board of County Commissioners of said Miner County, that it is to the advantage, benefit, and best interests of said Miner County, South Dakota, that said liens be released and satisfied in their entirety, and,
WHEREAS, the lien against the following described real property, towit:
The West Sixty-five Feet (W 65’) of the East One Hundred Thirty Feet (E 130’) of
Lot Five (5) in Block Twenty-nine (29), of the town of Carthage, Miner County, South Dakota;
should also be released and satisfied in its entirety.
NOW THEREFORE BE IT RESOLVED, that the said County of Miner, South Dakota, hereby agrees to satisfy said County liens above described, which said liens have been filed into case numbers 03-03 and 12-06 in the office of the Register of Deeds of Miner County, South Dakota, and that the Chairman of the Board of County Commissioners and the County Auditor are authorized to execute the property release of said liens on behalf of said County, releasing said liens in their entirety.
Voting aye: Reisch, Carlson, Faber, Bechen and Protsch. Voting nay: none. Resolution adopted at the City of Howard, Miner County, South Dakota on this 16th day of August, 2022.
Alex Protsch, Chairman
Miner County Board of Commissioners
Attest: Susan Connor, Miner County Auditor
Proposals for increased security for the county’s network were received from Connecting Point. The board agreed to implement those programs and instructed the auditor to contact the vendor.
The 2022-23 Local Emergency Management Performance Grant agreement was not acted on. It will be placed on the September 6th agenda to allow the Emergency Manager to be present.
Bechen reported he had been approached by an area producer concerning the county’s farm lease. The producer would like to see an option to extend the lease, once awarded, to more than 3 years. Commissioners Protsch and Bechen will meet with the State’s Attorney to review the current lease prior to the lease auction on October 4th. If any changes are to be made to the contract, the matter will be placed on a September agenda.
It was moved by Faber, seconded by Carlson and carried to authorize the auditor to make the following operating transfers as provided for in the 2022 budget from General Fund to Rd & Bridge Fund $500,000; Emergency Management Fund $15,000.
Having no further business, the meeting adjourned to September 6th. Dated this 16th day of August 2022.
Alex Protsch, Chairman
Miner County Board of Commissioners
Attest: Susan Connor, Miner County Auditor