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PROCEEDINGS OF THE BEADLE COUNTY COMMISSION
OCTOBER 14, 2008
The Board of Beadle County Commissioners met Tuesday – October 14, 2008 at 9:00 a.m., pursuant to adjournment of October 7, 2008 with members present: Chairman Marcus, Vice Chairman Chase, Drake, Mattke and Werner.
The minutes of September 29, 2008 were approved as read with no additions or changes.
Moved by Drake, seconded by Mattke. Motion carried. To approve for County Employees to receive flu shots at the Community Health Office.
Moved by Chase, seconded by Mattke. Motion carried. To approve moving permit for Craig & Dorothy Harmon to move 12x24 building onto Lots 29-32, McNider’s Addition, Lake Byron Township.
Moved by Werner, seconded by Chase. Motion carried. To approve variance request of Robert Einck to build a garage closer to road than allowed by code on Lots 4 & 5, Moeding First Addition to Cavour Town. Garage will be placed on existing concrete pad and garage will be on west property line.
Moved by Chase, seconded by Mattke. Motion carried. To approve variance request of Jim & Brenda Cypher to build an attached garage 50 feet from right of way where code requires 75 feet. Legal: SE4 of SE4, Section 9, Hartland Township.
Moved by Werner, seconded by Mattke. Motion carried. To approve variance request of Jeff Glanzer to build a garage onto an existing house within 60-65 feet of right of way where code requires 75 feet. Legal: SE4, Section 24, Milford Township.
Moved by Chase, seconded by Drake. Motion carried. To approve variance request of Jerry & Kathryn Gilbert to plat acreage of 3.08 acres when county minimum is 5 acres. Legal: Gilbert Outlot 1, a part of the SE4, Section 12, Pleasant View Township. Septic system plan meets all requirements.
Moved by Werner, seconded by Drake. Motion carried. To adopt the following resolution:
RESOLUTION 10-07-08
“PLAT OF GILBERT OUTLOT 1,
A PART OF THE NW4 OF SECTION 12-113-62
BEADLE COUNTY, SOUTH DAKOTA”
On recommendation of the Beadle County Planning Commission: BE IT
RESOLVED: by the Board of Beadle County Commissioners that the plat of
“Gilbert Outlot 1, a part of the NW4 of Section 12-113-62, Beadle County, South Dakota west of the 5th p.m., Beadle County, South Dakota, as described above and drawn hereon be approved and accepted and the Auditor hereby is instructed to endorse on such plat a copy of this resolution and to certify the same.
Moved by Werner, seconded by Drake. Motion carried. To adopt the following resolution:
RESOLUTION 10-03-08
“GRANT SUPPLEMENTAL BUDGET”
WHEREAS, unanticipated reimbursements were received from the State of South Dakota Department of Public Safety Office of Homeland Security for US Department of Homeland Security 2007 Homeland Security Grant Program. The following items will be reimbursed for monies expended in the 2008 Budget.
226 222.429.07 Emerg Mgmt 2007 HMLS Grant (Equip) $11,986.79
226 222.429.07 Emerg Mgmt 2007 HMLS Grant (LETPP) 1,240.00
Total $ 13,226.79
NOW, THEREFORE, BE IT RESOLVED: that the Board of Beadle County Commissioners do hereby propose, make and move for adoption of this Grant Supplemental Budget in the items set forth above.
Moved by Werner, seconded by Drake. Motion carried. To adopt the following resolution:
RESOLUTION 10-04-08
“GRANT SUPPLEMENTAL BUDGET”
WHEREAS, unanticipated reimbursements were received from the State of South Dakota for 2007 FEMA Flood Disaster. The following items will be reimbursed for monies expended in the 2008 Budget.
201.311.411.00 RB Salaries $ 10,625.40
311.425.01 RB Equip/Repairs/Materials 15,150.83
311.425.02 RB Maint/Contracted Services 50,558.82
311.426.01 RB Materials 17,204.60
Total $ 93,539.65
NOW, THEREFORE, BE IT RESOLVED: that the Board of Beadle County Commissioners do hereby propose, make and move for adoption of this Grant Supplemental Budget in the items set forth above.
Moved by Drake, seconded by Mattke. Motion carried. To adopt the following resolution:
PUBLIC NOTICE
RESOLUTION 10-05-08
WHEREAS, there is a possibility of heavy snow cover in Beadle County this year, snow removal is a problem for all of the people in the county; therefore, we the Beadle County Commissioners in pursuant to SDCL 31-13-56 are asking the residents of rural Beadle County to refrain from pushing snow from private property onto the Public Highway Right - of - Way. We also are requesting that all hay bales be removed from Public Right - of - Way by November 1, 2008, and
NOW, THEREFORE, BE IT RESOLVED: PENALTY FOR NON - COMPLIANCE
WITH THIS REQUEST - any person dumping snow on County Highways or Right - of - Way is in violation of SDCL 34A-7-6 and guilty of a Class 2 Misdemeanor, which is punishable with a $100.00 fine or 30 days in jail. In addition, the court may enforce removal of snow or other debris and tax the cost for such removal against any individual convicted of such violation.
Linda Burg from the Beadle County Extension Office met with the Board to give 3rd quarter updates.
At 11:00 a.m. Chairman Marcus declared time for Public Hearing on proposed Ordinance changes to Joint Jurisdictional Area Section 23.46.023 “I-2” General Industrial District. Ralph Borkowski was present to answer any question. No one else appeared.
Moved by Chase, seconded by Drake. Motion carried. To adopt Proposed Ordinance changes in the Joint Jurisdictional Area.
JOINT JURISDICTIONAL AREA SECTION 23.46.023 :I-2” GENERAL INDUSTRIAL DISTRICT”
A. Permitted Principal uses. Within any “I-2” Industrial District no structure or land shall be used except for the purpose of conducting one or more of the following uses: sales, servicing, manufacture, fabrication or processing of any of the following articles or products:
43. RESERVED. (Strike) Railroad shops, sidings, spurs, years, depots and related facilities
B Conditional Uses. Within any “I-2” Industrial District, no structures or land shall be used for the following uses except by conditional user permit:
8. RESERVED. (Strike) Boiler shops, machine shops, round houses where hammers and presses of twenty ton rate capacity are used or employment is over twenty-five persons.
41. Railroad (Strike) yards for switching, team tracks, depot, freight house (ADD) shops, switching, sidings, spurs, yards, depots and related facilities.
Moved by Drake, seconded by Mattke. Motion carried. To adopt the following resolution:
RESOLUTION 10-06-08
WHEREAS, on July 14, 2008 the Huron City Commission and July 15, 2008 the Beadle County Commission did grant a variance to Scott Rink, dba Overbilt, Inc. to construct a railroad siding across land zoned residential to land owned by Mr. Rink, said land zoned I-2 General Industrial at the time the variances were granted. At the time said variances were grated conducting railroad related uses was listed as a permitted use on land zoned I-2 General Industrial; and
WHEREAS, following the approval of Mr. Rink’s variance, the Huron City Commission and the Beadle County Commission amended the Joint Jurisdictional Zoning Ordinance to make railroad related uses a Conditional Use in area zoned I-2 General Industrial; and
WHEREAS, Mr. Rink’s variance was granted when conducting railroad related uses on land zoned I-2 General Industrial was permitted and therefore the Huron City Commission and the Beadle County Commission deem it appropriate to allow and permit Mr. Rink to complete the railroad related project as proposed when requesting the variance to the Joint Planning Commission and without being required to have a conditional variance granted with respect to said property and project;
NOW, THEREFORE, BE IT RESOLVED: that Scott Rink, dba Overbuilt inc., is granted permission to construct a rail spur and operate a rail loading/unloading and related rail operation on land zoned I-2, General Industrial, said land legally described as the north 520 feet of the NE4 of the SE4 of Section 34, Township 111 North, Range 62 West (Theresa Township) of the 5th Prime Meridian In Beadle County, SD, without being required to obtain a conditional use variance.
IT IS FURTHER RESOLVED: that should the railroad spur not be constructed on the above described property within ten (10) years of the adoption of this Resolution said Resolution is hereby rescinded and shall be null and void.
Julie Miller and Bonnie Dosch, nurses from Community Health Services met with the board for 3rd quarter updates.
The Board adjourned to meet next on October 30, 2008.
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Linda Marcus, Chairman of the Board
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Connie R. Muth, Beadle County Auditor
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