Grant County Commission Proceedings January 6, 2026
Grant County Commission Proceedings January 6, 2026
January 6, 2026
The Grant County Commission met at 8 a.m. with Commissioners Mach, Street, Stengel and Tostenson present. Commissioner Hoff joined by phone. Chairman Tostenson called the meeting to order. Motion by Mach and seconded by Street to approve the minutes of the December 31, 2025, meeting. Motion carried 5-0. Minutes filed. Auditor Folk asked to add two additional claims for approval. Motion by Street and seconded by Stengel to approve the agenda with the addition noted. Motion carried 5-0. Deputy Commissioner Assistant Layher reported there was no final business for 2025.
Present from the public were Nate Ludvigson, Tim Wollschlager, Dean Schuelke, Larry Wildung, Lowell Boe, Eric Pauli, Tim Rogers and George Vinson. Staff members present were Deputy Commissioner Assistant Layher, Commissioner Assistant Owen, States Attorney Schwandt, Drainage Officer Berkner, and EM Director Schuelke.
Chairman Tostenson addressed the Commission and thanked them for their support, insight and counsel. Tostenson stated he appreciated them always being engaged in the meetings. He also reminded them it is the Commissioners fiduciary duty to spend the county tax dollars for the betterment of the whole county and not just a few people. Tostenson cautioned them not to kick the can down the road, but to keep the county moving forward.
There being no final business to consider for 2025, Chairman Tostenson adjourned the meeting sine die and Auditor Folk assumed the chair. Nominations for Chairman were called. Commissioner Street nominated Doug Stengel for Chairman. Bill Tostenson nominated Mike Mach for Chairman. Auditor Folk called for a motion for nominations to cease. Motion by Stengel and seconded by Tostenson to cease nominations for Chairman. The Commission voted by private ballot. Folk announced Mike Mach is the Chairman for 2026 with a vote of 3-2.
Commissioner Mach was seated as Chairman and then called to order the 2026 Board of Commissioners. Nominations for Vice-Chairman were called. Street nominated Doug Stengel for Vice-Chairman. Tostenson motioned to cease nominations and to cast a unanimous ballot for Doug Stengel as Vice-Chairman for 2026. Street seconded the motion. Mach called for the vote. Motion carried 5-0.
Public Comment: Chairman Mach called for public comment. There were no comments. Chairman Mach closed the public comment.
Drainage: Chairman Mach adjourned the Board of Commissioners and convened the Commission acting as the Drainage Board.
Permit DR2025-49 for Vernon Township and Larry Wildung for land located in the NE1/4 of Section 20 of Vernon East Township.
Chairman Mach called for a motion to bring back to the table for discussion DR2025-49 for Vernon Township after being tabled on October 21st. Motion by Street and seconded by Tostenson to bring back to the table permit DR2025-49. Motion carried 5-0.
Drainage Officer Berkner reported DR2025-49 is for installing a new 1,400’ long 15” tile to run parallel to an existing county owned tile of the same length and size located in Vernon East Township. The original county owned tile was installed in the right-of-way of CR 486th Avenue in the late 1990’s to help reduce county road deterioration from flooding from the nearby Kaufman Slough, which lies about 1,000’ to the south of the county’s 1,400’ tile’s inlet which flows north. According to Vernon Township originally when the county tile was installed, it also provided flooding relief for Vernon Township Road 158th Street, as it intersected with 486th Avenue on the south shores of the Kaufman Slough. It is currently the Township’s opinion that the county tile’s flow rate no longer provides the same flooding relief for their township road. Their permit request would help recover the original flow rate.
The original motion was tabled to give Hwy Supt Peterson a chance to review notes on the maintenance history of the county owned tile. Berkner stated since DR2025-49 was tabled, it has been amended by Vernon Township to include Larry Wildung, who is the landowner of the NE1/4 in Section 20 to join the permit request and to include a request to start their drainage project by digging near the midway point of the county’s original 1,400’ tile to see if a blockage affecting the original flow rate of the tile could be identified.
Only if it is found that the original tile is free flowing downstream from the inspection point would the county then allow the township to replace the upstream portion of the county’s original tile. The new tile’s inlet elevation would also be lowered enough to restore the original flow rate and flooding relief benefited to Vernon Township Road 158th Street.
Berkner said he discussed the drainage permit amendment with Hwy Supt Peterson who said he is comfortable allowing the township to dig and inspect the existing county owned tile pipe if the Drainage Board allows. Peterson also told Berkner that if allowed, he recommended an effort is to be made by the township to keep as much of their excavation work, as well as their replacement of the township drainage tile outside of the county’s road right-of-way. Berkner and Petersen also discussed the maintenance history of the existing 1,400’ county drainage tile. Peterson said during a past inspection, an effort to clean the tile pipe by a third- party contractor, the tile was deemed to provide adequate flooding relief for County Road #39. Peterson said the county’s notes on the inspection and cleaning stated there was a section of tile pipe that appeared to be partially blocked but there was no notation on where that section of pipe was located.
Berkner and Peterson also discussed the possibility of the township installing a cleanout riser at their inspection point that would allow both the county and the township the ability to inspect and do maintenance to their respective tile lines. Peterson had no problem with that if it is allowed by the county drainage board and he could inspect the work.
Berkner concluded his report emphasizing Peterson’s remark, that the original tile installed by the county is still working adequately to keep Kaufman Slough from flooding across CR 486th Avenue even though the original flow-rate may have slowed as claimed by the township.
Chairman Mach then opened the public hearing asking three separate times for comments in favor or against the drainage project. Only comments in support of the project were made by Vernon Township Supervisors Tim Wollschlager, Lowell Boe and adjacent landowners Dean Schuelke and Larry Wildung. Chairman Mach closed the public hearing inviting board discussion.
Commissioner Street said he is in support of granting the drainage permit request by the township but thought the county should help pay for part of the project as it would benefit the county’s road. After lengthy board discussion, Tostenson motioned to separate the specific request should Vernon Township be allowed to dig down to inspect the county’s original drain tile, and they would be allowed to connect to it with their new tile under the supervision of the Hwy Supt Peterson. Motion died for lack of a second.
Drainage Board discussion continued. Motion by Street and seconded by Stengel to approve the original request to permit a separate 1,400’ drainage tile only if it is located outside the county’s road ROW and only if absolutely necessary, would work be allowed within the county’s ROW if it followed the required rules and regulations that allows permitted work within a county road ROW by a third-party including the supervision of Hwy Supt Peterson. Chairman Mach called for the vote. Motion carried 5-0.
Chairman Mach recessed the Drainage Board meeting at 9:20 a.m. and reconvened the Board of Commissioners.
Open Meeting Laws: States Attorney Schwandt reviewed the SD Open Meeting Laws from the SD Attorney General’s Office with the Commission.
Chairman Mach recessed the Board of Commissioners and reconvened the Drainage Board meeting at 9:25 a.m.
Industrial Park Drainage Work: Drainage Officer Berkner reported on a complaint concerning drainage work done within the SE1/4 of Section 12 in Grant Center Township, directly adjacent to the City of Milbank’s new 36-acre industrial development site. Drainage improvements have been made to land within the County’s Drainage Ordinance jurisdiction without a permit application, public hearing, and County Drainage Board consideration of a permit. Berkner inspected the complaint, which is valid. He had contacted the owner of the property, the Grant County Development Corporation (GCDC), to say that a drainage permit was required for that work. He is working with GCDC and their civil engineer to make that application so it can be considered by the County Drainage Board.
Berkner said the biggest concern about the GCDC project, besides the work not being properly permitted, is the surface waters being drained are crossing watershed river basins, as determined by the EPA, as well as out letting surface drainage water into a flood prone area already in FEMA’s floodplain maps where residential homes and commercial businesses already exist. He doesn’t expect the permit request to be heard by the Drainage Board until sometime in February and encouraged the Drainage Board to familiarize themselves with the area before the next snowfall.
Drainage Permit Fees: Berkner handed out a proposed drainage permit fee schedule to the Commissioners to review before the February 3rd meeting.
This concluded the business for the Drainage Board. Chairman Mach adjourned the Drainage Board and reconvened the Board of Commissioners.
Xcel Energy: Tim Rogers and Eric Pauli with Xcel Energy, and George Vinson with Otter Tail Power presented their PowerOn Midwest – South Dakota plan for their MISO Tranche 1 & 2.1. The 765kV Technology Project would span from the Big Stone Otter Tail plant south to Brookings and into southern Minnesota with construction beginning in early 2030-2034. There will be open house informational meetings in the future.
2026 Appointments: The reorganization of committees and board appointments were reviewed for changes in 2026. Motion by Street and seconded by Stengel to approve the following list of committee appointments. Motion carried 5-0.
COMMITTEES AND BOARDS
Roger Hoff: Buildings, Christian Services, Milbank Housing Authority
Bill Tostenson: Economic Development, Community Transit, Mental Health, Law Enforcement
Mike Mach: First District, Planning and Zoning
Doug Stengel: ICAP, Highway, 911, 4-H
Bill Street: Insurance Alliance, Weed, Emergency Management
Karen Layher: Library, Visiting Neighbor
Milbank Chamber Director: Glacial Lakes
Town Board Liaisons: Motion by Stengel and seconded by Tostenson to approve the following appointments of Commissioners to serve as town board liaisons. Motion carried 5-0.
Roger Hoff: Milbank
Bill Tostenson: Marvin, Stockholm, Twin Brooks
Mike Mach: Milbank
Doug Stengel: Big Stone City
Bill Street: Albee, LaBolt, Revillo, Strandburg
First District Appointment: Motion by Street and seconded by Stengel to appoint Karen Layher to the at large position for a one-year term as the county representative on the First District Board. Motion carried 5-0.
Depositories: Motion by Tostenson and seconded by Stengel to approve the following depositories. Motion carried 5-0. Depositories: First Bank & Trust in Milbank and Brookings (TIF), Wells Fargo, First Interstate Bank, Public Investment Funds (FIT) and Frandsen Bank & Trust.
Designations: Motion by Tostenson and seconded by Stengel to approve the Grant County Review as the official newspaper for 2026. Motion carried 5-0.
Mileage and Meals: Motion by Tostenson and seconded by Stengel to set the mileage reimbursement rate at the Federal rate for personnel with the option of using a county vehicle for travel, if available. Meal reimbursement rates are set by SD Administrative Rule. Motion carried 5-0.
Fees: Motion by Tostenson and seconded by Stengel to adopt the following fee schedule. Motion carried 5-0.
Grant County Fee Schedule
- FAX FEES: All Departments; $1.00 first page, .50 each additional page
- COPY FEES: All Departments; .25 per page, .50 per page for color 8 x 11
- SHERIFF OFFICE FEES: Fingerprinting: $20.00; Urine Analysis $10.00;
Child Protection Services Urine Analysis $20.00; Breathalyzer Test $1.00 per test
- PLANNING & ZONING FEES:
STRUCTURE / NON-AG FENCE PERMIT APPLICATION INCLUDING WIND TOWERS:
Construction Cost/Including Labor
$0 - $10,000 $25.00
$10,001 - $30,000 $60.00
$30,001 - $50,000 $100.00
$50,001 - $100,000 $200.00
$100,001 - $200,000 $400.00
$200,001 - $300,000 $600.00
$300,001 - $500,000 $1,000.00
$500,001 - $700,000 $1,400.00
$700,001 - $900,000 $1,800.00
$900,001 - $1,000,000 $2,000.00
$1,00,001 - and over $2.00 per 1,000
TEMPORARY TOWER STRUCTURE:
$150.00 + $.50 per thousand with a cap of $1,000 per tower
SHELTERBELT PERMIT FEE: $25.00
APPEAL TO BOA HEARING $300.00
VARIANCE HEARING $500.00
CONDITIONAL USE HEARING/CAFO HEARING $300.00
REZONING HEARING $300.00
SPECIAL HEARING (OTHER THAN 2ND MONDAY OF MONTH)
$1,550.00
PLAT INSPECTION FEE
$100.00 + $5.00
DRAINAGE PERMIT FEE:
PER LOT $500.00 PER PARCEL
DIRECTOR OF EQUALIZATION: Copy fees for Property cards: $5.00 first page and each additional page $1.00; Computer printouts: $1.00 per page
WEBSITE ACCESS FEE:
Number of Users-Quarterly Fee-Annual Fee-Setup Fee
1 to 5 $85 $300 $25
6 to 10 $130 $475 $25
11 or more $190 $725 $25
- HIGHWAY FEES:
Used Bridge Planks: $3.00 per foot
Used Cutting Edges: $2.00 per foot
Used Steel Decking: $5.00 per foot
Orange Flags: $3.00 each
Telespar Post (10’): cost to be determined at time of purchase
Base: cost to be determined at time of purchase
Sign: cost to be determined at time of purchase
- WEED
Mosquito ULV Fogging: $130.00 per application
Bug Collection Net: $20.00 (Leafy Spurge)
ROW Spraying: $100.00 per hour plus cost of chemicals
- 4-H Building and Grounds: Contact 4-H Office
Funeral Allowance: Motion by Tostenson and seconded by Stengel to set the county paid funeral at $5,000 plus the cost of opening and closing the grave for 2026 with any additional costs to be itemized on the voucher. Motion carried 5-0.
Staff Appointments: Motion by Street and seconded by Tostenson to approve staff appointments. Discussion was held. Motion by Street and seconded by Tostenson to amend the original motion and remove the staff appointments from today’s agenda and put on the January 20, 2026, agenda. Motion carried 5-0.
P&Z Board Appointment: The terms of Steve Spors and James Berg on the Planning Commission/Board of Adjustment ended on 12-31-2025. Motion by Street and seconded by Tostenson to reappoint Steve Spors and James Berg to a 3- year term ending 12-31-2028. Motion carried 5-0.
Weed Board Appointment: Motion by Stengel and seconded by Street to appoint the members of the Weed Board for a one-year term: Tom Wollschlager, David Kruger, Dale Tuchscherer, and Joel O’Brien. Motion carried 5-0.
Visiting Neighbor Board Appointment: Motion by Tostenson and seconded by Stengel to reappoint members of the Visiting Neighbor Board to a one-year term: Marie Loutsch, Marsha Lundberg, Diana Dirksen, Linsey Allen, Kim Veen, Christina Spartz and Jeanne Ziegler. Motion carried 5-0.
Library Appointment: Motion by Tostenson and seconded by Stengel to reappoint Jeanne Tietjen and Cheryl Conrad of the Library Board to a three-year term, 2026-2028. Motion carried 5-0.
Insurance: Motion by Stengel and seconded by Street to approve SDPAA as the 2026 liability and property insurance carrier. Motion carried 5-0.
WC Insurance: Motion by Tostenson and seconded by Stengel to approve the SDML Workers’ Compensation Fund Claims Associates as the workers’ comp carrier for 2026. Motion carried 5-0.
Life Insurance: Motion by Street and seconded by Tostenson to approve Reliance Standard as the 2026 Life, Dental, and Vision insurance carrier. Motion carried 5-0.
Employee Benefit Plans: Motion by Stengel and seconded by Street to approve American Family Life Insurance (AFLAC), Reliance Life Supplement, SDRS Supplement, MASA and Legal Shield for employee benefit plan options for 2026. Motion carried 5-0.
Agent of Record: Motion by Tostenson and seconded by Street to approve Risty Benefits as Agent of Record for Wellmark Health Insurance for 2026. Motion carried 5-0.
Travel: Motion by Stengel and seconded by Street to approve Weed Supervisor Nathan Mueller to attend the Weed & Pest Conference in Deadwood. Motion carried 5-0.
County Assistance: None
Road Weight Limits: Motion by Stengel and seconded by Tostenson to authorize the Chairman to sign the letter to be sent to the State Highway Patrol requesting assistance with enforcing the weight restrictions during the spring thaw. Motion carried 5-0. The next item for consideration was the spring weight limit restriction. Motion by Tostenson and seconded by Stengel to set the weight limit of seven tons per axle with the following resolution with the list of roads exempt from the weight limit restrictions. Motion carried 5-0. Resolution adopted.
2026-01
GRANT COUNTY WEIGHT / SPEED LIMIT ENFORCEMENT
RESOLUTION
WHEREAS, seasonal climatic changes can be detrimental to our highways, and
WHEREAS, the Grant County Board of County Commissioners desires to protect existing Grant County Highways, ultimately saving tax dollars, and
WHEREAS, the Grant County Board of County Commissioners desires the enforcement of weight limitations on Grant County roads as set forth and posted by the Grant County Highway Superintendent.
NOW THEREFORE BE IT RESOLVED:
WHEREAS the limits on Grant County roadways shall be set at a maximum load limit of seven tons per axle on all asphalt surface roads during the spring thaw period from approximately March 1, 2026, to April 30, 2026, inclusive, when weight limit signs are in place. The South Dakota Highway Patrol be, and hereby is authorized and requested to enforce the weight limitations on Grant County roads; and
NOW THEREFORE BE IT RESOLVED:
The following listed roads are exempt from the weight limit restriction.
1. 149th St (AKA CR 8) from Day County line east to 458th Ave (AKA CR 3)
2. 155th St (Old 81) from Roberts County line to Codington County line
3. 472nd Ave (AKA CR 19) from Roberts County line south to State Hwy 12
4. 145th St (AKA CR 4) from 472nd Ave (AKA CR 19) east to 485th Ave (AKA CR 39)
5. 484th Ave (AKA CR 43) from 144th St (AKA CR 34) south to 145th St (AKA CR 4)
6. 144th St (CR34) from 484th Ave going east to 486th Ave
7. 485th Ave from 145th St at GCC south to 149th St (AKA CR 10)
8. 149th St (AKA CR 10) from Milbank City limits east to MN State Line - 488th Ave
9. 484th Ave (AKA CR 49) from 149th St (AKA CR 10) south to 150th St – Dakota Granite
10. 151st St (AKA CR 12) from State Hwy 15 west to 475th Ave
11. 153rd St (AKA CR 14) from State Hwy 15 east to 482nd Ave
12. 482nd Ave (AKA CR 35) from Revillo City limits south to State Hwy 20
13. 161st St (AKA CR 18) from 476th Ave (AKA CR 27) east to 480th Ave (AKA CR 31)
BE IT FURTHER RESOLVED that the penalty for the violation of the load restrictions should be as set forth in SDCL 32-22-55 and 32-22-57.
Vote of Grant County Commission: AYE: 5 NAY: 0
Dated this 6th day of January, 2026 at Milbank, SD.
Michael J. Mach,
Commission Chairman
ATTEST:
Kathy Folk
Grant County Auditor
Hwy Shop Electrical Quotes: Deputy Commissioner Assistant Layher received two quotes from Whetstone Valley Electric for the Highway shop. To run a 480v circuit in the welding area is $3,391.54 and to add two lights in the attached shop welding area is $1,926.15. Motion by Street and seconded by Hoff to accept the two quotes from Whetstone Valley Electric. Motion carried 4-0 with Tostenson abstaining from the vote.
Unfinished Business: None
New Business: None
Correspondence: Auditor Folk stated offices to be filled in the 2026 election are Commissioner in Districts 1, 3 and 5, County Sheriff, Auditor and Register of Deeds. Petitions can be picked up in the auditor’s office.
Claims: Motion by Tostenson and seconded by Stengel to approve the claims with the two additional for City of Milbank and Runnings. Motion carried 5-0. AVERA MCKENNAN SIOUX FALLS, health services 45,322.29; BUTLER, parts 4,728.00; CITY OF MILBANK, water & sewer 748.18; ELECTION SYSTEMS & SOFTWARE, prof services 6,561.25; FIRST BANK & TRUST/VISA, supplies, computer software 936.84; G A JOHNSON CONSTRUCTION, prof services 676,904.29; GRAJCZYK LAW OFFICE, court appt atty 3,700.00; GRANT CO EC & DEV BOARD, allocation 7,750.00; GRANT CO SOIL CONSERVATION, allocation 10,000.00; IAAO, dues 350.00; JOSEPH W. KANTHAK, tower rent 600.00; LEWIS FAMILY DRUG, supplies 28.44; NORTHWESTERN ENERGY, natural gas 292.07; OTTER TAIL POWER, electricity 2,558.91; RUNNINGS, supplies 130.14; SD ASSN CO COMMISSIONERS, dues 2,862.00; SD ASSN COUNTY OFFICIALS, dues 1,126.32; SD STATE'S ATTORNEY ASSN, dues 927.35; SDAAO, dues 150.00; SDML WORKERS' COMP FUND, insurance 57,632.00; VALLEY OFFICE PRODUCTS, supplies 28.25; WHETSTONE HOME CENTER, supplies 13.98; WHETSTONE VALLEY ELECTRIC, electricity 504.98. TOTAL: $823,855.29.
Payroll for the following departments and offices for the December 24, 2025, payroll is as follows: COMMISSIONERS 8,107.60; AUDITOR 14,278.49 ELECTION 137.70 TREASURER 4,584.81; STATES ATTORNEY 7,851.30; CUSTODIANS 3,869.80; DIR. OF EQUALIZATION 4,594.92; REG. OF DEEDS 5,245.85; VET. SERV. OFFICER 871.25; SHERIFF 18,474.82; COMMUNICATION CTR 11,879.00; VISITING NEIGHBOR 1,657.50; LIBRARY 8,891.03; 4-H 4,067.63; WEED CONTROL 2,083.00; P&Z 3,300.45; DRAINAGE 1,013.55; ROAD & BRIDGE 29,689.71; EMERGENCY MANAGEMENT 2,412.00. TOTAL: $133,010.41.
Payroll Claims: FIRST BANK & TRUST, Fed WH 7,222.29; FIRST BANK & TRUST, FICA WH & Match 16,042.74; FIRST BANK & TRUST, Medicare WH & Match 3,752.02; ACCOUNTS MANAGEMENT, deduction 114.47; AMERICAN FAMILY LIFE, AFLAC ins. 1,698.61; RELIANCE STANDARD LIFE DENTAL & VISION, ins. 776.07; WELLMARK-BLUE CROSS OF SD, Employee health ins. 51,818.56; RELIANCE STANDARD SUPPLEMENTAL, life ins. 501.27; MASA, air ambulance 353.00; LEGAL SHIELD, deduction 38.85; OFFICE OF CHILD SUPPORT ENFORCEMENT, child support 2,708.00; SDRS SUPPLEMENTAL, deduction 2,235.83; SDRS, retire 14,710.10. TOTAL: $101,971.81.
Executive Session: None
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 January 20 and February 3 and 17, 2026 at 8 a.m. in the basement Commissioner Room. Please use the elevator. Motion by Stengel and seconded by Street to adjourn the meeting. Motion carried 5-0. Meeting adjourned.
/s/ Michael J. Mach,
Chairman,
Grant County Commissioners
/s/ Kathy Folk,
Grant County Auditor
