March 21, 2023
The Miner County Board of Commissioners met in regular session on March 21, 2023 in the Miner County Courthouse Commission Room. Members present: Alex Protsch, Tom Reisch, Joe Bechen, Kathy Faber and Mike Clary. Absent: none. Also, in attendance for portions of the meeting: Tami Severson, Karla Neises, Jessica Charles, Brittany Yanish, Rob Eggert, Josh Hahn, Jennifer Miller, Kent Terwilliger, Darcy Laible, Rebecca Mommaerts, Gibi Page. The flag pledge was recited. Motion by Faber, seconded by Bechen and carried to approve the agenda. No Commission report of meetings attended was given. The minutes of the March 7th meeting were approved.
No person appeared for Public Comment.
Joshua Hahn took his oath of office as Miner County Coroner. Hahn has completed the required online training for 2023.
It was moved by Bechen, seconded by Faber and carried to authorize the auditor to pay the following claims: Santel $55.12 911 CHARGES; ICAP $738.67 COMMUNITY ACTION PMT; SDACES $15.00 DUES; Xcel Energy $103.78 ELECTRIC SERVICE; Sturdevant’s $265.89 FUEL; Miner Co Historical Society $2,500.00 GRANT; Co Employee $311.19, Co Employee $2,000.00 INSURANCE REIMBURSEMENT; Lewis & Clark Behavioral Health $184.00, Yankton County $124.30, Youngberg Law Prof $203.30 MENTAL ILLNESS HEARING EXPENSE; Miner Co Treasurer $107.82 POSTAGE; Office Ally $35.00 PROCESSING FEE; Fox Promo $53.51 PROFESSIONAL SERVICE; Microfilm Imaging Systems $385.00 RENT; Climate Systems $600.00, Dakota Body Shop $411.74, Dakota Fluid Power $1,027.35, Howard Auto Clinic $483.24, Office Peeps $132.03, Prostrollo Auto Mall $167.42, Transource $914.50, Wingen’s Garage $55.00 REPAIRS; Brock White Co $2,051.76 ROAD MATERIALS; Kristian Ellendorf $900.00 STATE’S ATTY OFFICE EXPENSE ALLOWANCE; Home Service Water Conditioning $7.00, Howard Cold Storage $128.55, Kimball Midwest $61.30, Miner Co Treasurer $73.25, Office Peeps $5.26, Tim Reisch $433.33, Tami Severson $20.00, Sturdevant’s $2,183.43, Titan Machinery $360.25, Transource $1,112.80, Ultra $854.00, Wingen’s Garage $281.00 SUPPLIES; Susan Connor $30.00, Erin Feldhaus $30.00, Lori Kiehl $30.00, Tami Severson $30.00, Molly Steeneck $30.00, Danielle Werkmeister $30.00 TELEPHONE; Joe Bechen $25.50, Kathy Faber $42.84, Kelly Sherman $398.24, SDACO $110.00, SDACC $330.00 TRAVEL.
It was moved by Reisch, seconded by Clary and carried to authorize the auditor to remove the 2022 taxes associated with the tax deed property Howard Hotel & Convention Center. Miner County was the owner of the property during 2022 therefore, the property was exempt for that year.
It was moved by Reisch, seconded by Clary and carried to grant Good Friday morning as administrative leave for full time county employees. Governor Noem granted administrative leave for state employees on April 7th and April 10th. All county office will be closed Friday April 7th and shall be open April 10th.
It was moved by Faber and seconded by Bechen to approve the following resolution.
RESOLUTION 23-10
WHEREAS, insufficient appropriation was made in the 2023 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 Care of the Poor $1880.03.
Voting aye: Bechen, Reisch, Clary, Faber and Protsch. Voting nay: none. Resolution approved this 21st day of March 2023.
Alex Protsch, Chairman
Miner County Board of Commissioners
Attest: Susan Connor, Miner County Auditor
Darwin Callies and Amie Kidd from the highway department joined the meeting. Darwin was recognized for his 24 years of service to the county. Kidd praised Callies for his dedication to Miner County. Chairman Protsch presented Callies with a plaque and extended the commissions’ gratitude for his years of service and wished him well in his retirement.
Kidd informed the board that county road load limits have been put into place as of March 21st.
Treasurer Jessica Charles reported the tax deed property: Lot 12, Block 26, City of Carthage OP is now available to be declared surplus. It was moved by Clary, seconded by Faber and carried to declare Lot 12, Block 26, City of Carthage OP as surplus and schedule a public auction for April 18th at 10:00 a.m.
It was moved by Bechen, seconded by Faber and carried that the following radios be declared no longer necessary, useful or suitable for the purpose for which they were acquired: two SP50 Radios, two M1225 Radios & antennas, two EF Johnson Radios, and one 518CG1187 Radio. Once the radios are brought to the courthouse from the ambulance barn, they will be inspected and determined if they are eligible to be sold.
It was moved by Faber, seconded by Reisch and carried to authorize Chairman Protsch to sign the 3-year maintenance agreement with Trane for HVAC services within the courthouse.
The public auction was held as advertised for tax deed property described as: Lots 6 & 7, Block 34, Canova Village OP. Present for the auction included Jeff Rubenstein and Michael Galbraith. The commission approved the sale of the property to Michael Galbraith for $500. A quit claim deed shall be prepared by State’s Attorney Ellendorf and provided to Galbraith.
Kaylee Langrell of TurnKey Logistics representing Summit Carbon Solutions presented an update of the carbon pipeline project. Langrell reported 65% miles in South Dakota have easements signed. In Miner County Summit has easements on 96% of the miles. The SD PUC hearing has been moved to September 2023. Bechen questioned why there is no shut off valve planned in Miner County. Langrell stated the site of those valves have been designed but it could maybe be brought to the attention of Summit for their consideration. Langell also explained the connection to the ethanol plants would be at the cost of Summit. Summit would then obtain a share in the carbon tax credits that are received by the plants. Local EMS services and fire departments will receive training and equipment from Summit.
Sheriff Rob Eggert joined the meeting to answer questions from the commission. Eggert will put a list together of the items removed from the rifles that were upgraded at the end of 2022. Those items will be declared surplus at a future commission meeting. Eggert told the board that the upgrade of the rifles was completed by Randy Schwader who is a certified armor for rifles and Glocks. The board also informed Eggert of complaints received from the public concerning the idling of sheriff vehicles while unattended. Eggert will address the matter with his officers. Clary also asked Eggert to check into the Prostrollo billing that contained possible warranty work.
The board recessed until 1:00.
At 1:00 a joint meeting of the Miner County Commission and the Miner County Planning & Zoning board was called to order. Present for the meeting included: Alex Protsch, Tom Reisch, Joe Bechen, Kathy Faber, Mike Clary, Auditor Susan Connor, Todd Kays of First District of Local Govts., Zoning Administrator Tami Severson and landowner Jason Feldhaus.
Kays presented several scrivener errors and amendments that needed to be considered during the public hearing.
Page 44. Delete Section 505.5.h
- The roads providing access to the property are adequate to meet the transportation demands of the proposed conditional use. The Board of Adjustment may require the applicant to enter into a written contract with any affected township or other governmental unit regarding the upgrading and continued maintenance of any roads used for the conditional use requested prior to issuance of a Conditional Use Permit.
Page 47 Section 506.11 (Retain the wording “A variance” which was originally proposed to be removed.
11. A variance that is granted but not used within one (1) year shall be considered invalid unless an extension has been requested and approved by the Board of Adjustment. does not expire for a period of two (2) years following completion of any final appeal of the decision. Unless otherwise specified by the Board of Adjustment, a variance shall expire if no construction has commenced at the time of the variance’s expiration date
Page 72 Section 1101.08.05.4.a.iv
- Change “store” to “stored”
Page 75 Table 1108.01.2
- Change Separation Distance from Lake Carthage 1,000 to 1,999 animal units, 2,000 to 2,999 animal units and over 10,000 animal units from proposed 5,280 feet to 7,920 feet
- Change Separation Distance from Municipalities 1,000 to 1,999 animal units, 2,000 to 2,999 animal units and over 10,000 animal units from proposed “7,920” feet to “5,280” feet
- Change Separation Distance from Established Residences, Churches, Businesses and Commercially Zoned Areas - over 10,000 animal units from proposed “2,640 feet plus 220’ for each 1,000 animal units over 2,000 animal units or portions thereof” to “4,400 feet plus 220’ for each 1,000 animal units over 10,000 animal units or portions thereof”
Page 82 – Add new Section 1101.09 Special Permitted Uses and the following use
- Shelterbelts within seventy-five (75) feet of adjoining property lines with written permission of adjoining property owners.
Page 110 Section 1608.5
- Change “twenty (25)” to “seventy-five (75)
Page 111 Figure 1608.2
- Change “twenty-five (25)” to “seventy-five (75)
Page 153 Section 1638.02.1.a
- Change “Deuel” to “Miner”
Page 154 Section 1638.04.2
The Planning Commission opened the Public Hearing for Ordinance 2023-01 with the amendments. Jason Feldhaus had several questions concerning the ordinance. One concerning shelterbelts being within 25’ of an adjoining property. After discussion it was changed as stated above in the amendments (Page 82). The board thanked Feldhaus for his review of the ordinance. Having no further comments, the public hearing was closed.
It was moved by Faber, seconded by Reisch to recommend approval of Ordinance 2023-01 with amendments to the County Commission. It was moved by Faber, seconded by Reisch and carried to adjourn as a Planning & Zoning board.
Acting as a Board of Commissioners it was moved by Bechen, seconded by Faber and carried to hold the first reading of Ordinance 2023-01, as amended. Todd Kays read by title Ordinance 2023-01. It was moved by Clary, seconded by Reisch and carried to accept the 1st reading and set the 2nd reading for April 4th.
Having no further business, the meeting adjourned until April 4th. Dated this 21st day of March, 2023.
Alex Protsch, Chairman
Miner County Board of Commissioners
Attest: Susan Connor, Miner County Auditor