May 17, 2022
The Miner County Board of Commissioners met in regular session on May 17, 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 were Miner County employees Susan Connor, Rebecca Mommaerts, Tami Severson, Karla Neises, Rob Eggert, Brittany Yanish, Kent Terwilliger, and Ron Krempges; iRecover representatives Jim Gray, Dr. Hilgard Goosen, and Deon Smit; Rumors Bar owners Tony & Jackie Stuhr; City of Howard Councilmembers Lyndale Borgers, Eric Rentschler and Jackie Stuhr; and Howard mayor Don Arens. Motion by Carlson, seconded by Faber and carried to approve the agenda, as amended.
Motion by Reisch, seconded by Bechen and carried to approve the minutes of the May 3rd minutes after making the correction to the abbreviation of “electronic health record” mentioned in the Community Health Nurse report to “EHR” rather than “HER.”
No one appeared for public comment.
Motion by Carlson, seconded by Faber and carried to approve the following claims for payment: SD DOR $1,764.27 PREDATORY ANIMAL CONTROL FUND; Alliance $150.00, Santel $55.12, Triotel $167.53 911 CHARGES; SD DOH Lab Service $40.00 BLOOD ALCOHOL; Motorola $5,052.75 EQUIPMENT; Cardmember Services $368.57, HFCA $9,270.49, Interlakes Sports Center $26.37, Safety Kleen Systems $421.41, Sturdevant’s $28.24, Wingen’s Garage $1,188.75 FUEL; Pharmchem $31.45 INVESTIGATION EXPENSE; SD Dept. of Human Services $374.18 MENTALLY ILL PATIENT CARE; Todd Spader $297.00 MOWING; Davison Co Sheriff’s Office $1,045.00, Lake Co Sheriff’s Office $880.00 PRISONER CARE; Miner County Pioneer $787.30 PUBLISHING; Dakota Two Way $890.00, HFCA $105.50, Iverson $265.69, John Deere Financial $1,181.65, Midwest Fire & Safety $863.85, Office Peeps $250.99, S&S Contracting $720.00 REPAIRS; Lyle Signs $119.70, Shane’s Hardware $9.10 ROAD MATERIALS; A-Ox Welding Supply $6.89, Brock White $2,307.32, Butler Machinery $156.52, Cardmember Services $481.95, Dakota Data Shred $66.96, Diesel Machinery $1,166.60, Gall’s $17.43, Josh Hahn $130.26, Home Service Water $44.80, HFCA $19.00, Interlakes Sports Center $15.39, Jack’s Uniforms $120.89, John Deere Financial $518.12, Office Peeps $1,345.95, Pheasantland Industries-Garment Division $208.04, Puthoff Repair $38.27, Runnings Supply $199.99, S&S Contracting $2,350.00, Shane’s Hardware $514.62, Stan Houston Equipment $386.49, Sturdevant’s $251.16 SUPPLIES; Joe Bechen $42.00, Cardmember Services $110.88, Jessica Charles $20.00, Clubhouse Hotel & Suites $331.44, Kathy Faber $35.28, Josh Hahn $106.00, Karla Neises $151.04, Ramkota Hotel Pierre $109.99, SDACO $255.00 TRAVEL; Central Electric Coop $63.55, Xcel Energy $42.53 UTILITIES.
Commissioners acknowledged receipt of the following correspondence: SD Victim Witness Coordinator Update for April 2022, April 2022 moisture report, Miner County PDM Plan update (can’t destroy any related documents until 2025), April 2022 VSO Office Report, and a News Release from the VSO office titled “State to Dedicate Bridge in Honor of Tommy Callies.”
State’s Attorney Kristian Ellendorf joined the meeting. Ellendorf is representing potential purchasers of the Howard Hotel & Conference Center and is helping them to create their South Dakota existence and facilitate correspondence with the current owner, Judy Shaw. Ellendorf believes this is the quickest way to get rid of the property, which would be of the most benefit to the county and taxpayers. Ellendorf does not believe the County will get the same amount going through a forced sale. Ellendorf recommended the Board enacting a new resolution to reconvey the property to an assignee of Judy Shaw, assuring the county receives what they are owed in taxes, plus a penalty, plus expenses. An addendum signed by Judy Shaw has been received to extend the closing out to June 15th. The property survey has been one of the largest issues slowing the process down. Supposedly, there is an encroachment on the right-of-way and an encroachment on the next-door neighbor, so the completed survey is needed to verify these encroachments so solutions can be sought.
Representatives from iRecover gave a background on their intended use of the building. Jim Gray, CEO, began the iRecover program after his youngest son was hit by impaired driver and nearly died. They found the Howard hotel property online when searching to expand their business; they had no prior connection to Judy Shaw. Their desire is to get all the hotel property on one title and open a for-profit, user-paid, patient-centered, voluntary treatment center. The facility would also create jobs for the local population. Dr. Hilgard Goosen, iRecover Chief Medical Director and Deon Smit, iRecover Agency Director, helped Gray to answer questions about their plans for the property should their purchase go through.
Register of Deeds Karla Neises inquired if their purchase agreement was contract for deed or warranty deed. As of now, it is set up for installment payments, and Judy Shaw would be carrying the mortgage on it for about half the value for two years. Carlson explained to the iRecover representatives that a lot of the negativity they are being met with is because over the last several years, the Miner County community has been plagued with big promises of money that would be coming into the community, only for those things to never materialize, to the detriment of the community. Dr. Goosen assured the board they have no intention of defaulting on their payments.
Sheriff Rob Eggert voiced his concern on the effect a treatment facility would have on his department as well as the ambulance department. Dr. Goosen explained their treatment program actually starts as a virtual program to be done at home, with the facility being their home base. If the virtual program fails for a patient, they could then come in as residential patient. They have a fulltime nursing staff 24/7 when detoxification is being done. They do triage and vet anyone coming in to the program to make sure they are suitable for service for the protection of their staff. Deon Smit would be the director in Howard.
Lyndale Borgers from the Howard City Council handed out documents to the Commissioners: one document was a list of questions and concerns about the facility that Jean Thompson prepared; the other was regulations and policy for state residential treatment for behavioral health conditions, downloaded from State of SD.
Carlson asked the City of Howard representatives if they have issues with the zoning required for this type of facility. Borgers said it was possible. Carlson reminded the Howard City Council that if the County resorted to a forced sale, the facility could be purchased by anyone for whatever allowable purpose, and the County and its citizens could end up losing money. Their job as a commission is to make sure to make the county whole.
The County has started a civil action to protect themselves. As of right now, the prior resolution is void. Ellendorf is recommending adding a supplemental addendum to the contract that extends closing to June 15, 2022 due to the encroachment with the bar property as well as the potential encroachment on the right-of-way. Dave Graf has a claim against the property as well.
Bechen asked the iRecover representatives if they wanted to address the questions posed by Jean Thompson. Dr. Goosen stated they looked at the zoning, and it was their understanding that it was in compliance with the city zoning ordinance. The City Council had a special meeting last week, and new zoning ordinances by the city could affect the property. The iRecover representatives plan on going to the city council to address their plans with the building. Smit also left packets of information on their plans for the building for anyone to review.
Motion by Carlson, seconded by Faber to pass the following resolution:
Resolution 22-17
RESOLUTION to reconvey real property
WHEREAS, a Tax Deed, having been procured by Miner County, State of South Dakota, pursuant to South Dakota Codified Laws Chapter 10-25, for the property herein described;
WHEREAS, on November 8, 2021, said Treasurer’s Tax Deed to County was recorded conveying the following-described real property to Miner County, South Dakota:
Lot Five (5), Six (6), and Seven (7) including vacated alley and the South Half (S ½) of vacated Farmer Avenue adjoining Lot Five (5), Block Eleven (11), Original Plat to the City of Howard, Miner County, South Dakota;
hereinafter Parcel #3575;
WHEREAS, the record owner of the real property was in the name of the Judy Shaw Foundation, Inc. and that the Judy Shaw Foundation, Inc. remains the record owner of the remaining parcels, which lie adjacent to Parcel #3575; and the building affixed to said parcel also lies within the remaining parcels owned by the Judy Shaw Foundation, Inc., namely Parcel #3568; Parcel #3569; Parcel # 3570; Parcel #3571; Parcel #3573; and Parcel #4753;
WHEREAS, Ms. Alice Judy Shaw, President of the Judy Shaw Foundation, Inc., admitted service on January 14, 2022 of a Summons and Complaint prepared by and filed by the Miner County Board of County Commissioners. Said Complaint relates to said properties and the co-ownership the parties now find themselves in, and which, among other things, submits the case to the Court for a partition action, appointment of a receiver, and declaratory judgment.
WHEREAS, the Judy Shaw Foundation, Inc. has entered into a contract to sell said property to Jim Gray and Hilgard Goosen, or their assigns, which transaction evidenced by said Purchase Agreement is conditioned on the reconveyance of Parcel #3575 by the county to the Purchasers under said contract;
WHEREAS, the county commissioners for the County of Miner, South Dakota as the owner of Parcel #3575, and pursuant to SDCL §10-25-41, may authorize a reconveyance by quit claim deed to the record owner or the record owner’s assignees or successors, of any real property held by the county under a tax deed;
WHEREAS, the reconveyance shall be for a consideration of not less than the total principal, interest, and costs of all real property taxes represented in the tax deed, and any other real property taxes and interest which are unpaid on the subject real property at time of reconveyance;
WHEREAS, SDCL §10-25-41 does not limit the discretion of the county commissioners to fix a higher price for the reconveyance, or to annex to the reconveyance any conditions or qualifications as the county commissioners may establish;
WHEREAS, in addition to the back taxes owed and the cost of the title search for the tax deed proceedings, the total amount being $178,382.07, the county has accumulated other expenses related to the property, including, but not limited to, utility expenses in the amount of $21,939.80 plus anticipated expenses of that nature in the amount of $3,500.00, plus Insurance premiums paid in the amount of $15,472.76; and plus costs of county resources being used to maintain the property in the amount of $1,600.00, for a total amount of $220,894.63; in addition thereto, the county hereby exercises its right to require a penalty payment of ten percent (10%) of said amount ($22,089.46); and that said balance ($242,984.09) does not contemplate unforeseeable expenses of maintaining the property until the close of the contract or reconveyance contemplated herein, which amount shall be added thereto;
WHEREAS, under the Purchase Agreement referenced herein, the Purchasers are assignees or successors of the record owner;
WHEREAS, the County, has been provided information that the Purchasers desire to purchase the real property based upon the terms necessary for reconveyance by Quit Claim Deed and has agreed to pay the cost thereof directly to the county for the amounts owed them under Chapter 10-25, and other relevant provisions, of the South Dakota Codified Laws;
Now Therefore, BE IT RESOLVED, that the Board of County Commissioners for the County of Miner hereby adopts and approves the reconveyance described herein and that Miner County shall quit claim the following-described real property:
Lot Five (5), Six (6), and Seven (7) including vacated alley and the South Half (S ½) of vacated Farmer Avenue adjoining Lot Five (5), Block Eleven (11), Original Plat to the City of Howard, Miner County, South Dakota;
to Jim Gray and Hilgard Goosen, or their assigns, (as the assignees of the record owner, Judy Shaw Foundation, Inc.) upon receipt of payment of all real property taxes due, including the total principal, interest, and costs of all real property taxes represented in the tax deed, and all other costs related to said property taken by tax deed since November 8, 2021 in the total amount of not less than $242,984.09; and
FURTHER RESOLVED, that the Chairperson of the Board of County Commissioners, Alex Protsch, is hereby authorized, designated, and directed to execute and deliver all necessary documents to effectuate the transfer of said real property in the name of and on behalf of Miner County; and that the Miner County Treasurer shall execute the quit claim deed, and the Miner County Auditor shall attest to the quit claim deed under seal; and that the conveyance shall not be completed until twenty (20) days after the publication of this Resolution.
FURTHER RESOLVED, that Failure to make payment as set for the above, in full by June 15, 2022, shall void this Resolution effective June 16, 2022 and that at such time the Miner County Board of County Commissioners shall proceed with the litigation described herein.
Voting aye: Bechen, Carlson, Faber, Reisch and Protsch. Voting nay: none. Resolution approved this 17th day of May, 2022.
Alex Protsch, Chairman
Miner County Board of Commissioners
Attest: Susan Connor, Miner County Auditor
Rob Eggert prepared an overtime policy to be used for the Highway Safety Grant for the Commissioners to review. For budget purposes, the hourly overtime pay is based on the hourly average of the three full-time officers, which comes to $22.83/hour. Motion by Carlson, seconded by Bechen and carried to approve the sheriff’s office Highway Safety Grant overtime policy as follows:
“When participating in speed and/or impaired driving enforcement operations, which are reimbursable by the South Dakota Office of Highway Safety, all fulltime sworn law enforcement officers of the Sheriff’s Office are eligible for overtime pay at a rate of one and one half (1 ½) times the average hourly rate of pay when working on highway safety over their regularly scheduled shift. The average hourly pay would be the combination of the hourly pay of all officer’s divided by the number of officers.”
Sheriff Deputy Garret Werkmeister graduates June 3rd and should receive a $1000 increase to his salary after certification. The Commissioners asked Sheriff Eggert to request the salary increase after his graduation at the next meeting on June 9th.
Highway Superintendent Ron Krempges informed the Board that he hired Terry Burger to fill the vacant highway position. Krempges reported damage to county highway property as well as work performed by the highway department following the wind storm on May 12th. He also gave updates on the bridge project, the 4-H campground project, and culvert work. Krempges learned more regarding the small structures program, and the Commissioners may have to rescind the motion made at the last meeting in regard to the small structures program at a future meeting. Krempges informed the Board on the change from CDL (commercial driver’s license) to ELDT (entry level driver training). Quite a few counties are looking at registering and doing the training themselves through training through the SD Association of General Contractors (AGC). Krempges suggested to the board to have new hires without the certification sign a contract that will require them to work for the County for a certain number of years or reimburse the county for the cost of training them for the certification. Krempges also informed the board that a couple of the highway employees will be working Saturday for Canova’s citywide clean-up.
Emergency Manager Kent Terwilliger informed the board that he had received an email from East River regarding damage from the May 12th storm, and he recommends the board make a declaration of disaster for Miner County. Terwilliger also informed the board he had been in contact with Faber regarding opening up shelters in Carthage due to the power outage, as well as shuttling in necessities, but power was restored Saturday night, so it was no longer needed.
Motion by Bechen, seconded by Faber to pass the following resolution:
Resolution 22-18
WHEREAS, MINER COUNTY SD on 5-12-2022 endured severe weather;
WHEREAS, this severe storm caused major Damage to infrastructure and property in Miner County;
NOW BE IT RESOLVED THAT Miner County Commissioners do hereby declare a disaster for the population of the area impacted. The MINER COUNTY commissioners respectfully request that all assistance that may be available from State and Federal agencies be provided to all local Governments to include Miner County and businesses and general population as we work to overcome this disaster.
BE IT ALSO RESOLVED THAT the MINER County Commissioners do hereby declare a disaster and respectfully request the Governor of the State of South Dakota to declare a disaster area and to request a Presidential Declaration of Disaster to ensure that the maximum amount of assistance is made available to local governments, businesses and residents affected.
Voting aye: Protsch, Reisch, Carlson, Faber and Bechen. Voting nay: none. Resolution approved this 17th day of May, 2022.
Alex Protsch, Chairman
Miner County Board of Commissioners
Attest: Susan Connor, Miner County Auditor
Due to the recent rain, the Commissioners do not wish to enact a burn ban at this time; they requested for the burn ban to remain on the agenda for their next meeting.
Motion by Reisch, seconded by Faber to pass the following resolution:
Resolution 22-19
WHEREAS, insufficient appropriation was made in the 2022 budget for the following department to discharge just obligation of said appropriation; and
WHEREAS, SDCL 7-21-32.2 provides that transfers may be made by resolution of the board from the contingency appropriation established pursuant to SDCL 7-21-6.1 to other appropriations;
THEREFORE, BE IT RESOLVED that the appropriation be transferred from contingency to Mentally Ill Patient Care $400.00.
Voting aye: Protsch, Reisch, Carlson, Faber and Bechen. Voting nay: none. Resolution approved this 17th day of May, 2022.
Alex Protsch, Chairman
Miner County Board of Commissioners
Attest: Susan Connor, Miner County Auditor
It was moved by Carlson, seconded by Bechen and carried to authorize the auditor to make an operating transfer as provided for in the 2022 budget to 911 Fund $50,000.
An email was received from Brad Preheim, manager for the Vermillion Basin Water Development District, asking the commissioners if they are still on board for moving over to the VBWDD should the McCook County citizens vote to join the district in the fall election. Reisch made a motion to support the decision of the previous commission to join the Vermillion Basin Water Development District, seconded by Carlson. Motion passed.
A request was received by Barry Callies on behalf of a group of parents who want to put on a hog show at the 4-H Grounds on Friday, June 24th, due to FFA deciding not to host one this year. The County has insurance and liability questions and are waiting on clarification from Curt Neises. The board took no action, as this will be discussed at a special meeting the night of May 18th.
Discussion was held concerning the 2023 provisional budget.
Having no further business, the board adjourned until May 18th. Dated this 17th day of May, 2022.
Alex Protsch, Chairman
Miner County Board of Commissioners
Attest: Susan Connor, Miner County Auditor