Grant County Commission Proceedings – August 1, 2023

    August 1, 2023

The Grant County Commission met at 8 a.m. with Commissioners Buttke, Mach, Stengel, Street and Tostenson present. Chairman Mach called the meeting to order. Motion by Tostenson and seconded by Buttke to approve the July 11, 14 and 18, 2023 minutes. Motion carried 5-0. Minutes filed. Motion by Buttke and seconded by Stengel to amend the July 5, 2023 minutes to include the Resolution 2023-06 for NESDHCF change on the bonds as approved by motion of Tostenson and seconded by Stengel. Motion carried 5-0. Motion by Stengel and seconded by Tostenson to approve the agenda. Motion carried 5-0.

Present from the public were: Dennis Kohl, Ann Grabow, Redgey Rademacher, Steve Brown, Vince Meyer, Ann Loeschke, Joelie Hicks, Shirley Wiese and Kenny Wiese. Staff members present were Commissioner Assistant Layher, Drainage Officer Berkner and States Attorney Schwandt.

Public Comment: Chairman Mach called for public comment. Ann Grabow stated her concerns with the intersection of 482nd Avenue and 149th Street with another recent accident there. She would like to see solar lighted stop signs there, re-do the rumble strips and paint STOP AHEAD on the road. Hwy Supt Daren Peterson stated he is presenting to the Commissioners today his proposal for more signage at this intersection.

Chairman Mach called again for public comment. Steve Brown, Mayor of Big Stone City, asked if the county would install road counters on several of their streets due to high speeds in town being reported. Hwy Supt Peterson stated they would be installed.

Chairman Mach called for public comment. There were no other comments. Chairman Mach closed the public comment.

Statistics: The following statistics for the month of May for the Sheriff’s Office were presented by report. Average Daily inmate population 2.80; Number of bookings 26; Work release money collected $440.00; 24/7 Preliminary Breath Test (PBT) fees collected $425.00; SCRAM (alcohol detecting bracelet) fees collected $362.00; 24/7 PBT participants 3; SCRAM (Sobriety Program) participants 2; Calls for Service (does not include walk-in traffic) 427; Accidents investigated 3; Civil papers served 57; Cumulative miles traveled 11,529; 911 calls responded to (including Milbank) 198.

Statistics: The following statistics for the month of June for the Sheriff’s Office were presented by report. Average Daily inmate population 3.03; Number of bookings 23; Work release money collected $100.00; 24/7 Preliminary Breath Test (PBT) fees collected $555.00; SCRAM (alcohol detecting bracelet) fees collected $264.00; 24/7 PBT participants 2; SCRAM (Sobriety Program) participants 2; Calls for Service (does not include walk-in traffic) 426; Accidents investigated 2; Civil papers served 88; Cumulative miles traveled 12,305; 911 calls responded to (including Milbank) 243.

Drainage: Chairman Mach adjourned the Board of Commissioners and convened the Commission acting as the Drainage Board.

Drainage Permit DR2023-18 for Gary Harms for property owned by Sheri Tumlinson and located in the NE1/4 of 10-121-48 (Melrose Township). Tabled from the July 5th meeting.

Chairman Mach asked Drainage Officer Berkner to give an update for DR2023-18 for Gary Harms. Berkner stated Harms is planning to reapply with a drainage permit tiling design that is supported with the information he is gathering and will most likely include a change in the basic design.

State’s Attorney Schwandt was asked by Chairman Mach if any additional action was needed by the Drainage Board if a permittee asks for the permit to be pulled. Schwandt responded that the applicant has the right to withdraw his permit which essentially ends that process without a vote by the board.

Drainage Permit DR2023-32 and DR2023-33, for Dennis Kohl for adjacent property owned by Dennis Kohl and located within the NW1/4 and SW1/4 of 28- 119-48 (Vernon West Township). Tabled from the July 5th meeting.

Chairman Mach asked Berkner for an update on the status of tabled permits DR2023-32 and DR2023-33 for Dennis Kohl. Berkner stated Kohl was able to resolve questions he and a downstream neighbor had concerning maintenance of a downstream waterway since part of that waterway had a wetland.

Berkner asked Kohl to explain his findings. Kohl said the Army Corp of Engineers has authority over that waterway and wetland and not the NRCS as originally thought. Kohl stated that information came directly from the local NRCS office, and the concerned neighbor said with that information, they were no longer concerned about the drainage project causing problems if the waterway needed maintenance.

Commissioner Street verified that Kohl and the concerned party had worked out their differences.

Chairman Mach called for the vote to approve permits DR2023-32 and DR2023- 33. Motion carried 5-0.

Berkner gave an update to Drainage Permit DR2022-01 for Al Heuer. A complaint was filed that the outlet installed ended up on a neighbor’s property by mistake without permission from the landowner. Berkner said Heuer had reported the outlet was moved back and had been accepted by the party making the complaint.

Berkner also gave an update on the status of Drainage Permit DR2022-45 for Joe M. Kanthak. The work completed did not meet the work described in the original drainage permit application passed last fall. Berkner said the party would be making an amended Drainage Permit application soon once field work was completed.

This concluded the business for the Drainage Board. Chairman Mach adjourned the Drainage Board and reconvened as the Board of Commissioners.

Highway: Supt Peterson received a request from United States Geological Survey (USGS) to move a water monitoring device from the MN side of Big Stone Lake to bridge 352-030 on CR 4. Peterson stated the USGS can’t install it until the bridge and gas line are repaired. Motion by Tostenson and seconded by Stengel to approve the USGS installing a water monitoring system to bridge 352-030 on CR 4. Motion carried 5-0.

Surplus Blade: Motion by Street and seconded by Buttke to surplus the 2007 CAT, motor grader serial # APN01133 and call for sealed bids. Motion carried 5-0.

Truck Driver: Motion by Stengel and seconded by Tostenson to approve hiring John Waldner with an effective hire date of 8-2-2023 at $20.90 per hour. Motion carried 5-0.

Bridge 032-070: Supt Peterson reported Lehtola Builders will be starting construction on bridge 032-070 on 149th St. East of 452nd Ave. on August 1.

    Sign Design: Supt Peterson gave the Commissioners a copy of the sign design for the 482nd Avenue and 149th Street intersection. He is proposing both a 48” stop sign and a 48” stop ahead sign on each side of the road. The stop signs will have a solar flashing light on top of them. Under the stop ahead and stop signs there will also be a sign that states “Cross Traffic Does Not Stop”. The rumble strips will also be redone. There was also discussion of adding the same signage at the intersection of 482nd Avenue and Hwy 158. Motion by Tostenson and seconded by Buttke to approve the purchase and installation of the proposed sign design at the intersections of 482nd Ave and 149th St and 482nd Ave and Hwy 158. Motion carried 5-0.

Salt Contract: Motion by Buttke and seconded by Stengel to approve the highway salt contract with Black Strap for $82.50/ton. Motion carried 5-0.

Executive Session: Motion by Tostenson and seconded by Stengel to enter executive session at 8:55 a.m. for the purpose of a personnel issue(s) pursuant to SDCL 1-25-2 (1). Motion carried 5-0. Sheriff Owen, Commissioner Assistant Layher, Auditor Folk and States Attorney Schwandt were present. Chairman Mach declared the meeting open to the public at 9:25 a.m. No action taken because of the executive session.

Zoning Ordinance: The 9:15 a.m. public hearing was held for the first reading of Ordinance 2023-01 for administrative changes to the Zoning Ordinance. Chairman Mach opened the public hearing and asked Planning & Zoning Officer Berkner to give a staff report on the administrative amendment being considered. Berkner began his report saying that many of the changes being made were to bring the administrative portion of the County’s Zoning Ordinance into compliance with recent changes in South Dakota Codified Laws. He stated the Planning Commission and Board of Adjustment had already been following those changes legally required by recent changes in SDCL.

According to Berkner other areas being amended were to update and clarify outdated language and phrases by using more clear and concise language. Berkner added if simple typographical, capitalization and/or numbering errors were found outside of his presentation those corrections would be made as needed.

Berkner read through the list of changes within the amendment including the following topics: Replacing the word “chairman” with “chair,” replacing the word “regulation” with the word “ordinance,” updating language stating the BOA and PC can adopt simple rules and procedures to better run its day-to-day activities and meetings and re-defining a quorum for the BOA is five members seated out of seven.

Language was added, or replaced, to more clearly define the following: What the responsibilities are of the BOA and PC, what the appeal and hearing process is, how and when to reverse the decision of the Administration Officer, what basic items need to be considered when making decisions to “pass” or “decline” Conditional Use Permits (CUP), a 1-year time limit is attached to all granted CUPs or variances where significant action in construction needs to start within that time frame, where CUPs and variances can be extended one additional year with a simple written request, and define more clearly administrative timelines and responsibilities during an appeal.

According to Berkner some of the bigger changes within the amendment were: changing the minimum “yes” votes required to pass a CUP from five to a simple majority as per SDCL. Also, stating within the ordinance the cost of fines and/or penalties if a permit required activity starts without a valid permit.

Other areas within the administrative amendment are: The creation of allowing Special Permitted Uses if the Planning Commission and the County Commission ever chose to add that action through future Zoning Ordinance amendments and allowing the Planning Commission the ability to review and make recommendations to the County Commission to suggest amendment changes.

Chairman Mach called for proponent testimony on Ordinance 2023-01. Kenny Wiese spoke and stated he likes the way the county ordinances have been going since 2016. He is concerned with changing the super majority quorum to a simple majority. He would like the Commission to look over this part of the ordinance very carefully.

Chairman Mach called for proponent testimony two more times. No one else spoke.

Chairman Mach called for opponent testimony. Joelie Hicks stated the quorum issue is a big deal and the County could be looking at another petition process to bring it to a vote. Vince Meyer stated he agrees with both Kenny and Joelie.

Chairman Mach called for opponent testimony two more times. No one else spoke. Chairman Mach closed the public hearing and called for a motion to hold the first reading by title only. Motion by Tostenson and seconded by Buttke to hold the first reading by title only. Motion carried 5-0. Zoning Officer Berkner read the title.

ORDINANCE 2023-01, AN

ORDINANCE ENTITLED, AN

ORDINANCE TO AMEND ARTICLE II “DEFINITIONS”; ARTICLE V “BOARD OF ADJUSTMENT, APPEALS,

VARIANCE, AND CONDITIONAL USES”; ARTICLE VI “DUTIES OF COUNTY ZONING OFFICER, BOARD OF ADJUSTMENT, AND COURTS ON MATTERS OF APPEAL”; ARTICLE VII “FEES”, ARTICLE VIII

“ENFORCEMENT”; AND ARTICLE IX “AMENDMENTS”, ADOPTED BY

ORDINANCE 2004-01, AS AMENDED, OF THE ZONING ORDINANCE OF GRANT COUNTY.

Motion by Stengel and seconded by Tostenson to set the second reading of Ordinance 2023-01 with Commission discussion for August 15 at 9:15 a.m. Motion carried 5-0.

Special License: The hearing for a special event malt beverage license was held with no members of the public present. The request for a malt beverage license was made by the Revillo Fire Dept for the purpose of a fundraiser to be held on August 5th at the former Grant-Deuel School. Motion by Street and seconded by Buttke to approve the malt beverage special event license for the Revillo Fire Dept. Motion carried 5-0.

Dept Reports: ROD Becky Wellnitz distributed her quarterly fee report. She reported their new printer is working well. There are no discrepancies in the semi- annual lien report from the Auditor’s office and their records. Program software was updated to be in compliance with the pending uploading of the PT 55 reports electronically to the DOR E-File. DOE Kathy Steinlicht reported her office has completed the reappraisal of Mazeppa, Osceola, Kilborn and Twin Brooks Townships. They have Stockholm Township and the towns of Marvin, Strandburg and Stockholm left. Approximately 268 parcels have been checked with 197 left. Auditor Kathy Folk stated there have been three petitions for the Ambulance District picked up at the office so far. The candidates are from Commissioner Districts 3, 4 and 5. The deadline to file the petitions in the Auditor’s office is August 11, 2023 at 5:00 p.m. List Maintenance notices have been sent out to registered voters who haven’t voted or updated their voter registration in over eight years. Responses are coming back in. The office is staying busy with passport applications and renewals.

Travel: None

County Assistance: None

Vehicle Purchase: Discussion was held on the $50,000 purchase limit of a vehicle for the EM Director and to keep an eye out for one as a different one is needed.

IDEMIA Agreement: Motion by Tostenson and seconded by Stengel to approve the maintenance and support agreement with IDEMIA for the Livescan fingerprint machine for $2,718.00. Motion carried 5-0.

Generator Contract: Motion by Stengel and seconded by Tostenson to approve the contract with Cummins to repair the generator for $4,793.43. Motion carried 5- 0.

Unfinished Business: Commissioner Assistant Layher has spoken with Barrett with the Grant-Roberts Ambulance and updated him on the status of our petition process. Layher also spoke with Joel Adler, and he will work on a service agreement with the County for the 4-H Complex water softeners. The storm shelter at Riggins Trailer Park was discussed and how long the County needs to keep it as it is not in our normal wheelhouse of business to maintain. Layher stated she is waiting to be notified when the smoke alarm system will be installed at the 4-H Complex, and when the chair lift and roof will be repaired at the courthouse. She is waiting for a quote on the three-phase generator for the 4-H Complex and elevator estimate and drawings for the courthouse. Layher will start preparing for a surplus auction for the county.

New Business: Commissioner Buttke stated two unused sinks in the courthouse are plugged and a plumber has been called to remove the clog and/or have the sinks removed. A dead tree will be taken down at the 4-H grounds and tree stumps will be removed.

Correspondence: None

Claims: Motion by Stengel and seconded by Buttke to approve the claims. Motion carried 5-0. ACOUSTICAL SURFACES, acoustic panels 3,446.28; MNB CLEANING, prof services 700.00; AUSTIN, STRAIT, BENSON, THOLE, court appt atty 96.30; AUTOVALUE, supplies 218.48; AVERA MCKENNAN, health services 187.00; BERENS MARKET, supplies & inmate groceries 352.14; SD MAGAZINE, periodicals 70.00; BREWSTER BUILDING CENTER, materials 90.13; BUTLER, supplies 183.16; CENTER POINT, books 174.68; CITY OF MILBANK, water & sewer 414.77; CITY OF WATERTOWN, 911 surcharge 6,357.17; CODY KELLY, prof services 600.00; CRAIG DEBOER, car wash usage 69.75; DELORIS RUFER, lib rent 100.00; DUANE ATHEY, supplies 19.50; FARM & HOME PUBLISHERS, reference books 625.00; FISHER SAND & GRAVEL, gravel 132.27; FLAT RATE, gravel 3,610.60; FRONTIER PRECISION, equip 1,400.00; G & R CONTROLS, comp maint 2,266.84; GALLS, supplies 889.99; WATERTOWN PUBLIC OPINION, periodicals 204.91; FOOD- N-FUEL, inmate meals 432.00; GRAJCZYK LAW OFFICE, court appt atty 3,400.00; GRANT CO HISTORICAL SOCIETY, allocation 6,500.00; GRANT COUNTY REVIEW, periodicals 38.00; GRANT/ROBERTS AMBULANCE, allocation 2,458.33; ORTONVILLE INDEPENDENT, publishing 180.00; LEWIS FAMILY DRUG, supplies & inmate rx 533.91; M & T FIRE AND SAFETY, supplies 2,039.70; MICROMARKETING, audio/visual 36.95; MIDCO, library internet 103.94; MILBANK AREA HOSPITAL AVERA, blabs 660.00; NATIONAL FIELD ARCHERY, equip 1,500.00; NORTHWESTERN ENERGY, natural gas 59.25; OTTER TAIL POWER, electricity 3,578.88; PENNINGTON CO JAIL, prof services 138.41; QUICK PRO LUBE, repairs & maint 265.89; RC TECHNOLOGIES, 911 transport & tower rent 95.96; REDWOOD TOXICOLOGY, supplies 424.15; RELX, online charges 725.00; RIVER STREET PETROLEUM, diesel 10,124.23; ROBERTS CO SHERIFF, inmate housing 345.00; SANDRA FONDER, prof services 141.67; SANFORD HEALTH, prof services 2,526.00; SCANTRON, prof services 7,044.54; SCOTT BRATLAND, prof services 321.00; MATT SCOTT, repairs & maint 227.50; SD ASSN CO OFFICIALS, registration 1,000.00; SD DEPT OF HEALTH, blabs 285.00; SD DEPT TRANSPORTATION, hwy project 3,328.96; SHANE LARSON, prof services 2,400.00; TEAM LABORATORY CHEMICAL, patching 1,010.00; TRANSOURCE TRUCK & EQUIP, parts 271.41; TRAPP PLUMBING, supplies 23.46; TRUENORTH STEEL, culverts 25,572.61; VALLEY RENTAL, allocations 650.00; WHETSTONE VALLEY ELECTRIC, electricity 445.23; XEROX, copier rent 272.58; ZEM'S FRESH STARTS, supplies 29.75. TOTAL: $101,398.28.

Payroll for the following departments and offices for the July 28, 2023, payroll are as follows: COMMISSIONERS 7,215.10; AUDITOR 7,409.72; ELECTION 281.48; TREASURER 5,730.14; STATES ATTORNEY 7,298.20; CUSTODIANS 3,374.80; DIR. OF EQUALIZATION 4,417.20; REG. OF DEEDS 4,786.23; VET. SERV. OFFICER 1,277.10; SHERIFF 15,549.68; COMMUNICATION CTR 8,116.50; PUBLIC HEALTH NURSE 1,221.30; ICAP 84.00; VISITING NEIGHBOR 2,004.25; LIBRARY 7,608.36; 4-H 4,336.84; WEED CONTROL 2,327.40; P&Z 1,270.33; DRAINAGE 608.48; ROAD & BRIDGE 28,528.04; EMERGENCY MANAGEMENT 2,590.00. TOTAL: $116,035.15.

Payroll Claims: FIRST BANK & TRUST, Fed WH 8,258.71; FIRST BANK & TRUST, FICA WH & Match 13,906.64; FIRST BANK & TRUST, Medicare WH & Match 3,252.34; ACCOUNTS MANAGEMENT, deduction 84.04; AMERICAN FAMILY LIFE, AFLAC ins. 1,457.32; ARGUS DENTAL, ins 530.96; WELLMARK-BLUE CROSS OF SD, Employee and Commission health ins. 53,424.66; COLONIAL LIFE, ins 37.98; DEARBORN NATIONAL, life ins. 285.11; LEGAL SHIELD, deduction 38.85; OFFICE OF CHILD SUPPORT ENFORCEMENT, child support 210.00; OPTILEGRA, ins 347.75; SDRS SUPPLEMENTAL, deduction 1,428.83; SDRS, retire 13,078.54. TOTAL: $96,341.73.

It is the policy of Grant County, South Dakota, not to discriminate against the handicapped in employment or the provision of service.

The next scheduled meeting dates will be August 15, and September 5 and 19, 2023 at 8 a.m. Motion by Stengel and seconded by Buttke to adjourn the meeting. Motion carried 5-0. Meeting adjourned.

 /s/ Michael J.  Mach,

Chairman,

Grant County Commission

/s/ Kathy Folk, 

Grant County Auditor              

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