Grant County Commission Proceedings- December 16, 2025
Grant County Commission Proceedings- December 16, 2025
December 16, 2025
The Grant County Commission met at 8 a.m. with Commissioners Street, Mach, Stengel, Tostenson and Hoff present. Chairman Tostenson called the meeting to order. Motion by Mach and seconded by Hoff to approve the December 2 and 4, 2025, minutes. Motion carried 5-0. Motion by Stengel and seconded by Mach to approve the agenda. Motion carried 5-0.
Present from the public were Pat Raffety, Steve Pendergrass, Ryan Wollschlager, Doug Wollschlager, and Ronald Meister. Staff members present were Commissioner Assistant Layher, Drainage Officer Berkner, Hwy Supt Peterson and States Attorney Schwandt.
Public Comment: Chairman Tostenson called for public comment. Milbank Mayor Pat Raffety and Milbank City Administrator Steve Pendergrass informed the Commissioners of Milbank’s proposed water and wastewater improvement projects.
There were no other comments. Chairman Tostenson closed the public comment.
The Auditor’s Account with the Treasurer for November was noted.
AUDITOR’S ACCOUNT WITH THE COUNTY TREASURER
To the Honorable Board of County Commissioners, Grant County:
I hereby submit the following report of my examination of the cash and cash items in the hands of the County Treasurer of the County of Grant as of the last day of November 2025.
Cash on Hand, $1,374.99
Checks in Treasurer’s possession
less than three days, $42,057.59
Cash Items, $0.00
TOTAL CASH ASSETS ON HAND
$43,432.58
RECONCILED CHECKING
First Bank & Trust, $3,216,255.17; Interest, $0.00; Credit Card Transactions, $17,060.76; First Bank & Trust (Svgs), $5,142,587.30; Jail Bond, $2,710,303.01.
CERTIFICATES OF DEPOSIT
First Bank & Trust, $0.00; First Bank & Trust (TIF), $0.00.
TOTAL CASH ASSETS
$11,129,638.82
GENERAL LEDGER CASH
BALANCES:
General, $4,409,385.88; General restricted cash, $1,750,000.00; Cash Accounts for Offices General Fund, $656.00; Sp. Revenue, $1,202,985.70; Sp. Revenue restricted cash, $0.00; Ambulance District, $5,401.54; Henze Road District, $426.66; Temporary Offage, $254.76; TIF Rosewood Mil-3, $32,670.65; TIF Koch, $84,856.11; Special Assessment Land Rent, $0.00; Trust & Agency, $3,643,001.52; (schools 405,301.36, twps 34,181.80, city/town 55,559.46), ACH Correction, $0.00.
TOTAL GENERAL LEDGER CASH
$11,129,638.82
Dated the 8th day of December, 2025.
Kathy Folk
County Auditor
The Register of Deeds fees for the month of November were $9,927.00. The Clerk of Courts fees for the month of November were $5,586.13. The Sheriff fees for the month of November were $6,441.69 with $3,097.51 received into the General Fund.
Drainage: Chairman Tostenson adjourned the Board of Commissioners and convened the Commission acting as the Drainage Board.
Permit DR2025-54 for Ben Wollschlager for property located within the N1/2SE1/4 of Section 25 in Vernon West Township.
Chairman Tostenson called for a motion to approve DR2025-54 amending permit DR2024-03 for Ben Wollschlager. Motion by Mach and seconded by Stengel to approve permit DR2025-54.
Drainage Officer Berkner said DR2025-54 is for a 55 acre drainage tile project that has one inlet and one 8” outlet and empties into a vested blue-line waterway.
DR2025-54 amends DR2024-03 originally permitted in May 2024 as a 35 acre drainage tile project and uses the location and same size inlet and out letting main. The additional work included in DR2025-54 was completed without a permit on approximately Thursday, 11/20/2025, while DR2024-03 was being done. The permittee reported additional work was done on Tuesday 11/25/2025 signing a new permit application. Using the 3/8th drainage coefficient formula an estimated additional 100 gpm could be drained from the additional 20 acres, but the 8” main is undersized to allow that rate of flow. The immediate downstream landowner uses a previously installed pump that moves all water entering the vested blue-line waterway used by the permittee. They have concerns about the additional 20 acre area contributing additional water to their pump as that pump is 100% of their cost.
Berkner concluded his report by saying Ben Wollschlager was not available at the meeting to comment. Prior to the meeting, Berkner questioned Ben Wollschlager about why the larger tiled area was completed without a permit. Ben Wollschlager said once his tile contractor, Dakota Drain and Tile from Hayti, SD, was on the job site and was able to take accurate on-site elevation readings, instead of relying on aerial LiDAR elevation maps, the tile contractor highly recommended the additional area could be tiled using the same 8” main.
Chairman Tostenson opened the public hearing asking three separate times for comments in favor of the drainage project. No one responded. Tostenson asked for comments against the drainage project. Both Ryan Wollschlager and Doug Wollschlager spoke. Ryan’s concerns are the additional area tiled is mostly in a different blue-line watershed. He thought that drainage water should flow straight north instead of east across his land. Ryan said the extra water would be an additional burden on his drainage tile system that uses a pump and he would be receiving all that additional water without compensation. Ryan continued saying since the tiling project was completed, there is now a constant stream of water flowing onto his land, instead of only an intermittent flow. He has been forced to run his pump constantly. On colder days when it is freezing, he can’t run the pump at all. Ryan said those conditions didn’t exist before the tile project was completed.
Doug Wollschlager’s comments concurred with Ryan’s adding he wondered if the original permit request granted in DR2024-03 was for the entire 55-acre area already tiled, compared to the original 35 acre area permitted, would it have been granted by the county if they knew that nearly half of the area being drained would be taken from a different blue-line watershed that naturally flows north.
Chairman Tostenson asked Berkner to explain how the county determines what distinguishes different watersheds. Berkner stated the county normally recognizes the basins of the six main river watersheds within the county as defined by the USGS: the Lac qui Parle River, the North Branch of the Yellow Bank River, the South Branch of the Yellow Bank River, both branches of the Whetstone River, the Big Sioux River, and the Big Stone Lake watersheds.
Berkner said all DR2025-54’s permit area is within the South Branch of the Yellow Bank River Watershed. Both normal surface water northern and eastern flows described by Doug Wollschlager eventually join a few miles downstream of each other and are all within the same watershed river. Berkner continued saying that within a river’s watershed basin the county also likes to see the permittee consider using the closest blue-line waterway available and consider the capacity of immediate downstream culvert sizes.
Berkner added that any drainage system design seeking a drainage permit from the county is responsible for not causing any undue hardship as required by both State Law and County Drainage Ordinance and the permittee acknowledges that responsibility when they sign their drainage permit application. Berkner also commented the waterway receiving the out letting water is also a properly recorded vested waterway for the entire SE1/4 of Section 25, where all DR2025-54’s drainage footprint is located. Berkner said the fact of the recorded vested waterway played a role in the original permitting of DR2024-03 are the same two arguments made by both Ryan and Doug Wollschlager.
Chairman Tostenson commented he’s always understood smaller blue-line watersheds, like described by Ryan and Doug Wollschlager, are not absolute and the larger river watershed’s basin as described by Berkner is usually the standard. Street said he understood the right to drain tiled water into the vested waterway but felt it would be best if the permittee could help with the cost and maintenance of running the downstream pump that would be removing all his drainage system’s water.
Mach asked States Attorney Schwandt whether the additional tile could be required to be removed if DR2025-54 is not granted. Or is the better option to pass the amendment with a penalty for not having the proper drainage permit in advance. Schwandt responded that the court system could be used by the county to ultimately force the removal of the non-permitted tile and the permittee and owner and the tiling company that performed the non-permitted work would both be named.
Schwandt cautioned that the county is not in a regulatory position to condition that one party help pay another party’s costs of running a downstream pump. Schwandt advised there are two options before the Drainage Board and that is to either grant the amending drainage permit request or deny it. Then consider if there should be a penalty to either force removal of the non-permitted tile if it doesn’t pass or if there should be a financial penalty for doing the additional work without a permit.
A lengthy board discussion followed. Chairman Tostenson called for a motion to enter executive session. Motion by Stengel and seconded by Mach to enter executive session at 9:20 a.m. for the purpose of a litigation issue(s) pursuant to SDCL 1-25-2(3). Motion carried 5-0. Commissioner Assistant Layher, States Attorney Schwandt and Auditor Folk were present. Chairman Tostenson declared the meeting open to the public at 9:48 a.m. Tostenson called for a motion. Motion by Stengel and seconded by Street to table 30 days drainage permit DR2025-54. Motion carried 5-0. It will be on January 20, 2026, meeting agenda.
Chairman Tostenson adjourned the Drainage Board and reconvened the Board of Commissioners.
HWY: Supt Peterson said they have several trucks that are being repaired and cautioned residents that the gravel roads are icy.
Jail Contract: Sheriff Owen stated the Roberts County jail has increased their rates for housing inmates and Grant County will need to sign a new contract to house any inmates there. Adult rate is $120 per day, and juvenile is $415 per day. The juvenile rate has increased $100. Sheriff Owen recommends using Day, Brown and Beadle County jails for juveniles if necessary. Motion by Stengel and seconded by Hoff to approve the contract with Roberts County jail. Chairman Tostenson called for the vote. Motion carried 5-0.
Executive Session: Motion by Street and seconded by Stengel to enter executive session at 10:03 a.m. for personnel issue(s) per SDCL 1-25-2(1). Motion carried 5-0. Also present for the executive session were Sheriff Owen, Commissioner Assistant Layher and Auditor Folk. Chairman Tostenson declared the meeting open to the public at 10:16 a.m. Motion by Mach and seconded by Stengel to appoint Chief Deputy Jeremy Steffensen as the interim Sheriff to fill out the remainder of the Sheriff’s term effective January 1, 2026, at an annual salary of $75,000. Motion carried 5-0.
Travel: None
County Assistance: Discussion of a potential funeral request.
Unfinished Business: Chairman Tostenson gave an update from the Grant County Development Corporation. Commissioner Mach reported on the Lake Region District meeting.
New Business: None
Correspondence: None
Executive Session: Motion by Stengel and seconded by Mach to enter executive session at 10:28 a.m. for personnel issue(s) per SDCL 1-25-2(1). Motion carried 5-0. Also present for the executive session were ROD Becky Wellnitz, Deputy ROD Vickie Gulley, Commissioner Assistant Layher and Auditor Folk. Chairman Tostenson declared the meeting open to the public at 10:33 a.m. Motion by Stengel and seconded by Mach to approve hiring Elizabeth Rausch as Deputy Register of Deeds at a rate of $21.95 per hour effective January 1, 2026. Motion carried 5-0.
Claims: Motion by Stengel and seconded by Mach to approve the claims as presented. Motion carried 5-0. 15 HOTEL GROUP, motel 230.00; AGTEGRA, diesel & ethanol 15,890.45; AUTOVALUE, supplies 67.38; AVERA MEDICAL GROUP MILBANK, health services 62.00; AVERA QUEEN OF PEACE, health services 37.70; BANNER ASSOCIATES, contracted proj 24,341.95; BERENS MARKET, inmate groceries 202.35; BLACKSTRAP, supplies 3,793.91; BORNS GROUP, mailing expense 1,623.27; BREWSTER BUILDING CENTER, materials 4,562.10; BUTLER, supplies 72.84; C&C CARPET CLEANING, prof services 318.60; CENTER POINT, books 466.26; CHS, bulk def 407.29; CITY OF MILBANK, water & sewer 1,209.99; CONNIE PETERSON, prof services 12.00; CRAIG DEBOER, car wash card 98.77; FIRST BANK & TRUST, supplies 490.58; FIRST BANK & TRUST/VISA, forms, rugs, supplies, gas 3,015.00; FLAT RATE, gravel 14,064.65; GRANT COUNTY REVIEW, publishing 2,034.74; GRANT COUNTY SHERIFF, reimbursement 3,206.00; GRANT- ROBERTS RURAL WATER, water usage 47.60; HELSPER, MCCARTY & RASMUSSEN, court appt atty 1,266.00; INGRAM, books 1,854.26; INNOVATIVE BENEFIT CONSULTANT, insurance 561.00; INTER-LAKES COMMUNITY ACTION, service worker 2,634.33; ITC, phone & internet 2,480.22; JASON SACKREITER, garbage service 360.00; KIBBLE EQUIPMENT, repair & maint 899.84; LAPP ROOF RESTORATION, repair & maint 612.25; LEWIS FAMILY DRUG, supplies 107.55; MICROFILM IMAGING SYSTEMS, rentals 862.00; MIDWEST ALARM COMPANY, prof services 479.40; MILBANK AUTO PARTS, supplies 1,548.61; MILBANK WINWATER WORKS, supplies 115.08; MULTI BUSINESS SOLUTIONS, prof services 367.20; NORTHWESTERN ENERGY, natural gas 120.35; OTTERTAIL POWER, electricity 2,957.96; QUICK PRO LUBE, repair & maint 196.97; R.D. OFFUTT, repair & maint 808.33; RC TECHNOLOGIES, 911 transport & tower rent 95.96; ROBERTS COUNTY SHERIFF, inmate housing 945.00; RUNNINGS SUPPLY, supplies 577.60; RYAN MAGEDANZ, repair & maint 243.06; SD DEPT OF HEALTH, blabs 50.00; SD DEPT OF LEGIS AUDIT, prof services 23,514.00; THE SHOP, parts 258.79; ST WILLIAMS CARE CENTER, inmate laundry 255.00; STAR LAUNDRY, rentals 171.12; STERN OIL COMPANY, supplies 6,813.17; THOMSON REUTERS, ref books 713.88; TWIN VALLEY TIRE, repair & maint 637.60; UNZEN MOTORS, repair & maint 175.62; VALLEY OFFICE PRODUCTS, supplies 574.91; VERIZON COMMUNICATIONS, hotspot 40.01; WHETSTONE HOME CENTER, supplies 70.74; WHETSTONE VALLEY ELECTRIC, electricity 863.07; XEROX, copier rent 1,124.51. TOTAL: $131,610.82.
NOVEMBER 2025 MONTHLY FEES: SD DEPT OF HEALTH, SDACO, ROD modernization fee 218.00; SD DEPT OF REVENUE, monthly fees 166,013.66. TOTAL: $166,231.66.
Payroll for the following departments and offices for the December 12, 2025, payroll are as follows: COMMISSIONERS 8,107.60; AUDITOR 12,639.46; ELECTION 154.91; TREASURER 4,503.64; STATES ATTORNEY 8,016.90; CUSTODIANS 4,192.74; DIR. OF EQUALIZATION 4,932.48; REG. OF DEEDS 5,131.90; VET. SERV. OFFICER 1,726.56; SHERIFF 20,505.11; COMMUNICATION CTR 14,114.60; VISITING NEIGHBOR 1,974.81; LIBRARY 9,461.57; 4-H 4,403.40; WEED CONTROL 2,287.40; P&Z 1,199.95; DRAINAGE 803.85; ROAD & BRIDGE 37,049.17; EMERGENCY MANAGEMENT 2,834.10. TOTAL: $144,040.15.
Payroll Claims: FIRST BANK & TRUST, Fed WH 8,371.33; FIRST BANK & TRUST, FICA WH & Match 17,455.22; FIRST BANK & TRUST, Medicare WH & Match 4,082.18; ACCOUNTS MANAGEMENT, deduction 114.47; AMERICAN FAMILY LIFE, AFLAC ins. 1,681.69; RELIANCE STANDARD LIFE DENTAL & VISION, ins. 428.86; WELLMARK-BLUE CROSS OF SD, Employee health ins. 1,874.12; RELIANCE STANDARD SUPPLEMENTAL, life ins. 118.13; OFFICE OF CHILD SUPPORT ENFORCEMENT, child support 1,200.00; SDRS SUPPLEMENTAL, deduction 2,235.83; SDRS, retire 16,642.22. TOTAL: $54,204.05.
Consent Agenda: Motion by Street and seconded by Stengel to approve the consent agenda. Motion carried 5-0.
1. Approve step increase to 6-month rate of $30.25 for Mike Burns effective 12-3-25.
2. Declare surplus list of items that are broken or to be sold and are on file in the Auditor’s office.
Executive Session: Motion by Mach and seconded by Stengel to enter executive session at 10:35 a.m. for the purpose of a personnel issue(s) pursuant to SDCL 1-25-2(1) and public safety issue(s) to SDCL 1-25-2(6c). Motion carried 5-0. Commissioner Assistant Layher and Auditor Folk were present. Chairman Tostenson declared the meeting open to the public at 11 a.m. No action was taken because of the executive session.
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 December 31, 2025, and January 6 and 20, February 3 and 17, 2026, at 8 a.m. in the basement Commissioner room. Please use the elevator. Motion by Stengel and seconded by Mach to adjourn the meeting. Motion carried 5-0. Meeting adjourned.
/s/ William Tostenson,
Chairman,
Grant County Commissioners
/s/ Kathy Folk,
Grant County Auditor
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