March 5, 2024
The Miner County Board of Commissioners met in regular session March 5, 2024, in the Miner County Courthouse Commission room. Members present: Alex Protsch, Tom Reisch, Joe Bechen, and Kathy Faber. Members absent: Mike Clary. Also present for portions of the meeting were Tami Severson, Jessica Charles, Brittany Yanish, and Rob Eggert.
Chairman Protsch called the meeting to order. The Pledge of Allegiance was recited. It was moved by Reisch, seconded by Faber, and carried to approve the agenda.
Donita Potter appeared for public comment, following up on her request during the November 21, 2023 meeting for the Commission to request SD DANR to review the restricted use site application more thoroughly from the City of Madison for land in Lake County adjacent to Miner County. The restricted use site has been temporarily approved by SD DANR, but anyone can petition to have a hearing to object or get further information at this time. If that does not happen, the permit will be approved. Potter stated that the notice did not meet publication requirements. Potter said Pat Schaefer would be objecting, along with Potter and her family members, and she would like Miner County to object as well, due to her belief that there will be runoff into Miner County land. Potter will be requesting for SD DANR to schedule a time and place to come and physically examine the property with all parties present. The deadline is to petition is next Friday. Protsch will talk to States Attorney Ellendorf to see what, if anything, Miner County is able to do.
Krempges joined the meeting to speak on highway matters. He is waiting on one invoice to close out the 2023 rural access infrastructure grant, and there are five townships with a total of six projects for 2024. The deadline to spend the funds was moved to 2029. Right of way donation agreements have been signed by donors for bridge projects that the county needs to sign. Motion to sign the agreements for voluntary right of way donation for project #BROB8049(24) by Faber, seconded by Bechen and passed unanimously.
For big bridge projects on the west side of Carthage, Krempges can apply to get 75% of money upfront but will probably continue to budget for the projects in case funding falls through. Krempges requested a quote for Miner County for pavement markings off Minnehaha County’s bid through Traffic Services. Krempges will have the quote to approve at the next meeting. Other highway work included crack sealing, blading, and inventory work.
Motion by Bechen, seconded by Faber and passed to approve the minutes of the February 20th meeting, with the following corrections:
1) Correct the spelling of “engineers” in the claims listing;
2) Adding a “0” before the “1” on “Ordinance 2024-1” in the motion to recommend approval (to read as “Ordinance 2024-01”);
3) Changing the second “VII” to “VIII” in the findings of the variance application.
Bechen reported on attending the CORE meeting in Madison, along with Commissioner Mike Clary.
It was moved by Bechen, seconded by Reisch and carried to authorize the auditor to pay the following claims, with the exception of the Iowa Emergency Management Assn claim, which will be addressed when Kent Terwilliger joins the meeting: Road & Bridge $40,592.53, MERP Fund $51,732.83 Reliance Standard $1,727.60, Retirement $6,292.51, OASI $9,303.23, Commissioners $4,655.25, Auditor $7,576.50, Treasurer $7,717.50, States Attorney $6.056.50, Govt Building $3,366.40, Director of Equalization $8,996.33 Register of Deeds $7,265.23, Vet Service $592.25, Sheriff $12,826.51, Contract Law $1.873.74, Welfare $708.80, Ambulance $9,123.66, Weed $1,386.50, Dispatch $12,147.36, Emergency Mgt $2,575.00 FEB PAYROLL; Amie Kidd $14.00, Ron Krempges $14.00, Brian Dold $14.00, Eric Smith $14.00, Jeremy Beyer $14.00, Terry Burger $14.00, Terry Carlson $14.00, Adam Mentele $14.00, Mike Umstead $14.00, Donald Eppe $14.00 PAYROLL TRAVEL.
Alliance $150.00, Santel $30.00, Triotel $167.53 911 CHARGES; Emergency Safety Education $267.00 AMBULANCE EDUCATION; FJM $140.70 COLLECTION FEE; Avera Occupational Medicine $490.00 DRUG TESTING; Ntl Assn of State Agencies $39.00, DANR $200.00 DUES; SDSU Extension $10,500.00 EXTENSION FEES; HFCA $1,228.11 FUEL; Northwestern Energy $1,833.18 GAS SERVICE; Childrens Care Corner $7,000.00 GRANT; Co Employee $2,000.00 INSURANCE; CLERP $322.00 JUDICIAL LEGAL RELIEF FUND; SD DOT $5,328.42 MAINTENANCE; Miner County Pioneer $1,037.41 PUBLISHING; Dust-Tex $175.20, Microfilm Imaging $385.00 RENT; Graham Tire $720.00, HFCA $175.95, Office Peeps $788.24, Prostrollo $42.95, S&S Contracting $134.49, Upstate Wholesale Supply $992.00 REPAIRS; Lyle Signs $599.40 ROAD MATERIALS; Kristian Ellendorf $900.00 STATES ATTY OFFICE EXPENSE; 6C’s $1,260.00, Jill Calmus $72.50, Jessica Charles $168.85, Dakota Data Shred $75.59, Kimball Midwest $456.51, Mac’s $23.87, Office Peeps $349.27, Tim Reisch $433.33, Rusty’s $134.72, Tami Severson $20.00, Shane’s Hardware $13.47, Stan Houston Equip $222.44, Tidmore Flags $300.61, Upstate Wholesale Supply $23,634.00 SUPPLIES; Alliance $931.59, AT&T $327.06, Jessica Charles $30.00, Erin Feldhaus $30.00, Lori Kiehl $30.00, Becki Mommaerts $30.00, Tami Severson $30.00, Molly Steeneck $30.00, Verizon $97.30, Danielle Werkmeister $30.00 TELEPHONE; SD Dept of Public Safety $2,340.00 TELETYPE SERVICE; Justin Brandsma $85.47, Mike Clary $435.88, Michael Connor $9.18, Kathy Faber $42.84, Denise Gassman $14.28, Holiday Inn $385.00, HFCA $36.36, Iowa Emergency Management $155.00, Becki Mommaerts $156.00, Gibi Page $16.83, Ramkota $114.00, Kent Terwilliger $447.48 TRAVEL; City of Howard $2,915.06 UTILITIES.
The highway supply bid opening was held as advertised. Highway Superintendent Ron Krempges was present.
Bids per ton for gravel crushing in the Ecklein pit were received as follows: First Rate Excavate, Inc. $3.90 per ton; Rechnagel Construction, Inc. $2.60 per ton. It was moved by Bechen, seconded by Faber and carried to award the bid for gravel crushing in 2024 to Rechnagel Construction.
The following bids are for a one-year period from April 1, 2024 through March 31, 2025. Submitting bids for cutback asphalt and emulsion oil were as follows: Jebro Inc. MC3000 $883.61/ton, CS1H $406.20, CSS1H $526.20. It was moved by Reisch, seconded by Faber, and carried to award the bid for cutback asphalt and emulsion oil to Jebro, Inc.
The following firms submitted bids per ton for hot bituminous patch material: Commercial Asphalt-Mitchell plant: Class E Type 1 Virgin $70, Class E Type 2 Virgin $70, Class E Type 1 Recycled $70, Class E Type 2 Recycled $70; Commercial Asphalt – Spencer plant: Class E Type 1 Virgin $68, Class E Type 2 Virgin $68, Class E Type 1 Recycled $68, Class E Type 2 Recycled $68; Bowes Construction – Brookings plant: Class E Type 1 Virgin $110, Class E Type 2 Virgin $110, Class E Type 1 Recycled $82, Class E Type 2 Recycled $82; Knife River-West plant: Class E Type 1 Virgin $77, Class E Type 2 Virgin $79, Class E Type 1 Recycled $70, Class E Type 2 Recycled $72; Knife River-East plant: Class E Type 1 Virgin $77, Class E Type 2 Virgin $79, Class E Type 1 Recycled $70, Class E Type 2 Recycled $72; Asphalt Paving & Materials – Huron plant: Class E Type 1 Recycled $77, Class E Type 2 Recycled $81; Asphalt Paving & Materials – DeSmet plant: Class E Type 1 Virgin $88.50, Class E Type 1 Recycled $82. It was moved by Reisch, seconded by Bechen, and carried to award the bid for hot bituminous patch material to Commercial Asphalt and Knife River when Commercial Asphalt is not available.
The following bids per ton for quartzite materials were received: Knife River $45 Rip Rap, $10.50 base material, $33 1 ½-3” ballast, with trucking at $0.28/ton/mile; Spencer Quarries $12.35 7/16” Chips, $16.50 Rip Rap, $15.50 4”-12” Rock, $12 base material, $12.20 1 ½-3” ballast, with trucking $0.20/ton/mile double trailer & .30/ton/mile single trailer. It was moved by Bechen, seconded by Faber and carried to award the bid for quartzite material to Spencer Quarries.
The following bid per pound for crack sealant was received: White Cap $.67/lb. It was moved by Reisch, seconded by Bechen and carried to award the bid for crack sealant to White Cap.
States Attorney Kristian Ellendorf joined the meeting to explain a recently-placed lien that needs to be released. Miner County settled a case with Avera, paid the amount due, and placed a lien on the person whose hospital expenses were paid in the settlement. When the person was notified of the lien, he stated the debt was discharged in bankruptcy. Miner County was obligated to pay under the catastrophic fund, and reimbursement from the state is currently still pending. However, the lien should be released, as the bankruptcy had discharged the expense prior to the lien being filed. Motion by Reisch, seconded by Faber to pass the following resolution and release the associated lien:
RESOLUTION 24-11
WHEREAS, Assistance having been granted for case number 48CIV19-000026, by the County of Miner, on January 24, 2024, in the total of $30,271.88 for …..
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 lien be released and satisfied.
NOW THEREFORE BE IT RESOLVED, That the said County of Miner, South Dakota, hereby agrees to satisfy said County lien above described, which said lien has been filed into case number 48CIV19-000026 in the office of the Register of Deeds of Miner County, South Dakota, against …., and that the Chairman of the Board of County Commissioners and the County Auditor are authorized to execute the proper release of said lien, dated January 24, 2024, for the amount of $30,271.88 against J.M.B. on behalf of said County, releasing said lien as it relates to the above described amount and individual person.
Dated at the City of Howard, Miner County, South Dakota on this 5th day of March, 2024.
Alex Protsch, Chairperson
Miner County Board of Commissioners
Attest: Rebecca Mommaerts, Miner County Auditor
The board held the second reading of Ordinance 2024-01 by title. It was then moved by Faber and seconded by Bechen to adopt the following:
ORDINANCE 2024-01
AN ORDINANCE AMENDING ORDINANCE 2023-01 “THE ZONING ORDINANCE OF MINER COUNTY”, AS AMENDED, IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 11-2, 1967 SDCL, AND AMENDMENTS THEREOF, AND FOR THE REPEAL OF ALL RESOLUITONS AND ORDINANCES IN CONFLICT HEREWITH
BE IT ORDAINED by the Board of County Commissioners of Miner County, South Dakota: that Article XI, “Agricultural District”, Section 1109.01. Special Permitted Uses, adopted by Ordinance 2023-01, as amended, of the Zoning Ordinance of Miner County be amended by adding language in bold and underline:
1101.09. Special Permitted Uses
1. Shelterbelts within seventy-five (75) feet of adjoining property lines with written permission of adjoining property owners.
2. Shelterbelts within fifty (50) feet of right-of-way with written permission of adjoining Road Authority
This ordinance shall become effective upon the date of publication of this notice in the official newspaper, thereby repealing all ordinances or parts thereof in conflict herewith unless a referendum in timely involved prior thereto.
Adopted this 5th day of March, 2024.
Alex Protsch, Chairperson
Miner County Board of Commissioners
Attest: Rebecca Mommaerts, Miner County Auditor
Director of Equalization Tami Severson presented a plat consideration for Stanley & Pat Koepsell. Taxes have been paid and Severson recommends approval. Motion by Reisch, seconded by Bechen and carried unanimously to pass the following resolution:
RESOLUTION 24-12
Be it resolved by the Board of County Commissioners of Miner County, South Dakota, that the plat of LOT 1 OF CREEKSIDE ADDITION IN THE SW ¼ OF SECTION 29, T 105 N, R 55 W OF THE 5TH P.M., MINER COUNTY, SOUTH DAKOTA, which has been submitted for examination pursuant to law, is hereby approved and the County Auditor is hereby authorized and directed to endorse on such plat a copy of this Resolution and certify the same.
Dated this 5th day of March, 2024.
Alex Protsch, Chairperson
Miner County Board of Commissioners
Attest: Rebecca Mommaerts, Miner County Auditor
Severson presented a plat consideration for Dennis Beers. Taxes are paid and it meets requirements; Severson recommended approval. Motion by Faber, seconded by Reisch and passed unanimously to pass the following resolution:
RESOLUTION 24-13
Be it resolved by the Board of County Commissioners of Miner County, South Dakota, that the plat of LOT 1 OF BEERS ADDITION IN THE NE ¼ OF SECTION 23, T 107 N, R 57 W OF THE 5th P.M., MINER COUNTY, SOUTH DAKOTA, which has been submitted for examination pursuant to law, is hereby approved and the County Auditor is hereby authorized and directed to endorse on such plat a copy of this Resolution and certify the same.
Dated this 5th day of March, 2024.
Alex Protsch, Chairperson
Miner County Board of Commissioners
Attest: Rebecca Mommaerts, Miner County Auditor
Motion Bechen, seconded by Faber and carried to authorize Chairperson Protsch to sign the agreement for detention services between Minnehaha County, Lutheran Social Services South Dakota and Miner County for 2024.
Auditor Mommaerts presented the 2023 annual report. She informed the board the report has been published and filed with the SD Dept. of Legislative Audit.
Emergency Manager Kent Terwilliger joined the meeting. He requested to attend the Emergency Management Conference in Wahpeton, IA on May 8-10. Terwilliger and Kody Keefer, Lake County’s Emergency Manager, have volunteered to help check people in and out at the conference. Commissioners approved the out-of-state travel but asked that he skip it next year and just go every other year. Commissioners approved paying the Iowa Emergency Management Association claim.
Terwilliger asked for clarification on vacation levels according to the personnel policy. He believes the policy states that an employee should move up to the second accrual level at the start of his/her 6th year. Mommaerts informed the board that the numbers in the personnel policy table that address vacation accrual amounts have always been interpreted as completed years, so all past employees have not moved to the higher accrual until the completion of their 6th year (or 16th year for the third level). The commissioners instructed Mommaerts to continue to handle vacation accrual levels the same as for past employees. The policy will need to be revised in the future to make it more clear-cut.
Terwilliger requested for Bechen to send him more information on the pipeline grant so he can research it further. Terwilliger gave invitations to the Commissioners for Severe Weather Awareness Training hosted by Kingsbury County on March 26th.
Terwilliger informed the board of a fire in the county the night prior, and gave handouts of the critical fire danger due to above normal temperatures along with dry and breezy conditions from the National Weather Service. With this critical fire danger posing a risk to Miner County citizens, Terwilliger recommended that they implement a burn ban. At the recommendation of the Emergency Manager due to the fire danger emergency, Reisch made a motion, seconded by Faber, to enact a burn ban in Miner County.
Commissioners reviewed the request of Susan Connor for providing services as an independent contractor. Mommaerts had discussed the situation with Curt Neises, and it was discovered that independent contractors are covered under an enhancement of the county’s insurance at no extra charge. Commissioners felt that since the coverage is provided under the county’s insurance, the county should not be responsible for any extra expense for liability insurance. The Commissioners instructed Mommaerts to see if Connor would continue services for the previously agreed upon rate. The Commissioners instructed Mommaerts to talk with Krempges about other county employees who have offered to fill in if Connor is no longer interested.
Mommaerts presented an application for an abatement and/or refund of property taxes for the tax year payable in 2024 pursuant to SDCL 10-18-1.1. This application is due to an incorrect tax bill being mailed out by the county, prior to removing an advanced mobile home payment from 2023. Motion by Bechen, seconded by Reisch and carried to approve the application.
Mommaerts informed the board that she had missed assigning a resolution number to a plat on the February 6th meeting minutes. This resolution will be given the next resolution number available, Resolution 24-14, and a copy of the signed resolution will be filed with the minutes from that meeting.
Commissioners considered Governor Noem’s action of declaring Good Friday and Easter Monday as administrative leave for state employees. Commissioners granted the morning of Good Friday, Friday, March 29 as administrative leave for eligible fulltime county employees; county offices will be closed all day, Friday March 29. County offices will be open Monday, April 1st.
The meeting adjourned to March 19th. Dated this 5th day of March, 2024.
Alex Protsch, Chairman
Miner County Board of Commissioners
Attest: Rebecca Mommaerts
Miner County Auditor