March 2, 2021
STANLEY COUNTY COMMISSION
March 2, 2021
The regular meeting of the Stanley County Commission was called to order at 5:00 P.M.(CT) by Chairman Dana Iversen with Commissioners Dennis Booth, Mike Kenzy, Craig Heller and Sonny Harrowa present. Also present were State’s Attorney Tom P. Maher, Treasurer Peggy Dougherty, Deputy Treasurer Susan Freeman, Director of Equalization Roger Fuller, Fairgrounds Manager Scott Deal, Highway Superintendent Lee Smith, Capitol Journal Del Bartels and Auditor Philena Burtch. The meeting commenced with the recitation of the Pledge of Allegiance.
AGENDA: Motion by Dennis Booth, second by Sonny Harrowa, to approve the Agenda. All voted Aye. Motion Carried.
MINUTES: Motion by Sonny Harrowa, second by Craig Heller, to approve February 2, 2021, Minutes. All Voted Aye. Motion Carried.
CLAIMS: Motion by Mike Kenzy, second by Sonny Harrowa, to approve Claims as presented. All Voted Aye. Motion Carried.
AIRTECH HEATING & COOLING INC 387.66 GOV BLDG MAINT
AMERICAN MEDICAL RESPONSE INC 2475.00 JAN/FEB SUBSIDY BILLING
AT&T MOBILITY 166.63 CELL PHONES
AVERA OCCUPATIONAL MEDICINE MI 79.55 R&B TPA SRVC
BARCO MUNICIPAL SUPPLIER 894.50 R&B SUPPL
BELL BANK EQUIPMENT FINANCE 23840.88 2013 SCREEN MACHINE 107T
BOTTOM LINE WELDING 94.00 R&B SUPPL
BUTLER MACHINERY CO 1034.37 R&B MAINT & SUPPL-L1/SG13B/D7
CAPITAL AREA COUNSELING INC 310.00 JANUARY MCR
CAPITAL AREA REFUSE LLC 513.00 CH BLDG/FRGNDS TRASH BILLING
WICK COMMUNICATIONS 25.02 R&B NOTICE TO CONT MINING OPER
WICK COMMUNICATIONS 481.31 MIN 12/22 & 1/5/P&Z PUB HRNG
CELERITY BROADBAND LLC 269.32 FAIRGROUNDS WIFI
CENTURYLINK 85.28 4 CORNERS REPEATER
CENTURYLINK 221.01 OFFICE PHONES
CHRISTY LUMBER 1.40 R&B SUPPL
WILL CLARK ELECTRICAL INC 525.56 CH BLDG MAINT
COMMUNITY YOUTH INVOLVED INC 1666.67 MARCH SUPPORT
CONNECTING POINT 1507.50 MANAGED SRVC/SOFTWARE
COWBOY COUNTRY STORES 151.22 DOE/GOV BLDG FUEL
CROSSROADS TRAILER 279.48 R&B SUPPL-TRLB
DAKOTA DATA SHRED 41.00 AUD MAINT
DSG-PIERRE 142.85 GOV BLDG MAINT
PEGGY DOUGHERTY 330.00 TREAS HEALTH INSRNC
EDDIE'S TRUCK CENTER INC 324.65 R&B SUPPL
FIRST NATIONAL BANK 33.00 SAFE DEPOSIT BOX BILLING
FISCHER LAW OFFICE PROF LLC 2983.70 CRT APPT ATTRNY
FORT PIERRE CITY 70.88 EXT COPIER LEASE & COPIES
FORT PIERRE CITY 3274.30 UTILITIES
FORT PIERRE CITY 39482.28 DUE TO CITY OF FORT PIERRE
FRIMAN OIL & GAS CO INC 179.36 R&B GREASE/OIL
ROGER A FULLER 330.00 DOE HEALTH INSRNC
GOLDEN WEST TELECOMMUNICATIONS 334.04 E-911
CODY L HONEYWELL 252.20 CRT APPT ATTRNY
HUGHES COUNTY FINANCE OFFICE 13360.00 JANUARY JAIL BILLING
HYDRAULIC WORLD INC 39.64 R&B MAINT & SUPPL
JC OFFICE SUPPLIES 47.95 R&B OFFICE SUPPL
JC OFFICE SUPPLIES 88.36 DOE SUPPL
LAWSON PRODUCTS INC 425.67 R&B MAINT & SUPPL
LOCATORS & SUPPLIES INC 604.88 R&B MAINT & SUPPL
LODGE AT DEADWOOD 282.00 R&B HWY SUPER WORKSHOP
LYNN'S DAKOTAMART 18.00 R&B SUPPL
THOMAS P MAHER 1588.88 MONTHLY EXPENSES
MARCO 465.27 COPIER LEASE & COPIES
MAY ADAM GERDES & THOMPSON LLP 2810.60 CRT APPT ATTRNY-JUV
MENARDS - PIERRE 620.81 GOV BLDG SUPL/MAINT/EQUIP
MICRO-FIX COMPUTERS 485.00 AUD/TREAS MAINT
MICROFILM IMAGING SYSTEMS INC 385.00 ROD EQUIP RENTAL
MIDCONTINENT COMMUNICATION 153.61 COUNTY SHOP PHONE & INTERNET
MIDCONTINENT COMMUNICATION 240.00 OFFICE INTERNET
MONTANA-DAKOTA UTILITIES CO 547.64 COUNTY SHOP NATURAL GAS
MONTANA-DAKOTA UTILITIES CO 504.17 CH BLDG/FRGRNDS NATURAL GAS
MORRIS INC 15.84 R&B SUPPL-BC T595
NAPA 819.27 R&B SUPPL-T10/MAN LIFT/T16
NAPA 72.77 CH BLDG SUPPL
BONNIE NICKELS 330.00 CHN/WIC HEALTH INSRNC
LINKYN PETERSEK 718.10 2020 4TH OF JULY RODEO-REPLCMN
CITY OF PIERRE 110.00 JANUARY MED DIR
PITNEY BOWES 123.81 POSTAGE
PITNEY BOWES GLOBAL FINANCIAL 170.43 POSTAGE METER LEASE
POWERPLAN BF 3521.75 R&B MAINT & SUPPL-107T/G7A
QUILL CORPORATION 1009.10 OFFICE SUPPL
JERRY RADA 330.00 R&B HEALTH INSRNC
REDWOOD TOXICOLOGY LABARATORY 840.00 TOXICOLOGY TESTS
ROBINS WATER CONDITIONING INC 33.90 R&B SUPPL
RUNNINGS SUPPLY INC 461.29 R&B SUPPL-107T/P4/SHOP/P1
RUNNINGS SUPPLY INC 408.93 GOV BLDG/FRGRNDS SUPPL
JOAN BOOS SCHUELLER 123.50 CRT APPT ATTRNY
SD BUREAU OF ADMINISTRATION 76.47 OFFICE LONG DIST/BIT
SD PUBLIC HEALTH LABORATORY 325.00 ALCOHOL BLOOD TESTS
SD ASSN OF COUNTY COMMISSIONER 270.00 COMM/WELFARE WORKSHOP
SD ASSC OF COUNTY HWY SUPT 450.00 SDACHS/NACE DUES-SHORT COURSE
SD ASSOC OF COUNTY OFFICIALS 220.00 NEW OFFICIALS WORKSHOP
SD ASSOC OF COUNTY OFFICIALS 104.00 ROD M/P FUND
SD DEPT OF REVENUE 163211.73 MV/VITAL/MENTAL ILLNESS
SERVALL UNIFORM/LINEN CO 101.10 R&B MAINT
SERVALL UNIFORM/LINEN CO 84.84 GOV BLDG SUPPL
SHANE'S PHARMACY 459.95 MEDICAL CARE
DON LEE SMITH 1060.00 R&B MAINT & SUPPL REIMB-SG13B
STANLEY COUNTY SHOOL DISTRICT 73719.68 DUE TO SC SCHOOL
K THOMPSON LAW PROF LLC 2505.65 CRT APPT ATTRNY-JUV
TITAN MACHINERY 914.36 R&B SUPPL-C1
US POSTAL SERVICE 48.00 FAIRGROUNDS PO BOX SRVC FEE
MONA WEIGER 105.00 CRT RPRTR
ZANDER AUTO PARTS 1537.97 R&B MAINT & SUPPL-T10/P10/T8
ZANDER AUTO PARTS 380.21 FAIRGROUNDS REPAIRS & MAINT
Auditor’s Account with the Treasurer:
Cash on hand - $745.57
Checks, less than 3 days - $20,321.31
Postage - $100.00
Petty Cash - $215.00
First National Bank - $275,970.42
MKKT Account – First National Bank - $2,931,048.55
MKKT Account – Dakota Prairie Bank - $70,848.61
SD FIT - $6,255.99
Total - $3,305,505.45
Register of Deeds:
Regular Fees February 2021 - $2,240.87
Transfer Fees February 2021 - $3,225.00
Treasurer and Auditor Report: Treasurer Peggy Dougherty presented the Commissioners with the Treasurer Report, January 2021 bank statement and daily cash, delinquent real estate and mobile home taxes, tax trust, miscellaneous receipts (Grants, Register of Deeds, Clerk of Courts, Equalization, Fairgrounds, Auditor, motor vehicle), investments and Money Market reports. Auditor Philena Burtch presented the Commissioners with the January 2021 Budget Expenditure Report showing each department’s expenses as of January 31, 2021 and Outstanding Disbursements by Account as of March 1, 2021.
Abatement – Record #7016: Motion by Sonny Harrowa, second by Craig Heller, to approve Abatement and refund for Record #7016 in the amount of $656.01 for 2019 Pay 2020, as property qualifies as Disabled Veterans Exemption. All voted Aye. Motion Carried.
First Reading Stanley County Ordinance 2021-01 – Combining of Offices:
STANLEY COUNTY ORDINANCE NO. 2021-01
FOR THE COMBINING OF THE OFFICES OF
COUNTY AUDITOR, COUNTY TREASURER, AND
COUNTY REGISTER OF DEEDS
BE IT ORDAINED by the Board of Stanley County Commissioners:
SECTION ONE – ESTABLISHMENT
Pursuant to SDCL 7-7-1.2, the Board of Stanley County Commissioners hereby directs that the offices of Stanley County Auditor, Stanley County Treasurer, and Stanley County Register of Deeds shall be combined into a single office and that one person shall be elected to and shall perform the duties of the combined offices. The new combined office shall be known as the Stanley County Office of Finance and Records and the newly elected official shall be known as the Stanley County Finance Officer.
SECTION TWO – IMPLEMENTATION
The Stanley County Finance Officer shall be nominated for election in accordance with the procedures set forth in SDCL 12-6 and shall be elected at the general public election to be held on Tuesday, November 1, 2022. The newly elected Finance Officer shall take office on Monday, January 2, 2023 and serve a four-year term. At that time, the offices of Stanley County Auditor, Stanley County Register of Deeds shall cease to exist, and all responsibilities and functions of those offices shall be assumed by the Finance Officer. Thereafter, the Stanley County Treasurer’s term shall continue until the end of that existing term, December 31, 2024, at which time, the Stanley County Treasurer’s office shall then cease to exist and all responsibilities and functions of that office shall be assumed by the Finance Officer, on January 1, 2025.
APPROVED and ADOPTED this _____ day of _____________, 2021.
ATTEST: DANA IVERSEN, Chairperson
Stanley County Commission
PHILENA BURTCH, Auditor
Stanley County, South Dakota
No public comment.
Fairgrounds – Scott Deal informed the Commissioners that the gutters on the Schomer Barn have been knocked off from the February ice. Scott received one estimate for gutters, snow guards and down spouts.
Casey Tibbs Match of Champions Rodeo Televised: Scott Deal informed the Commissioners that Kalyn Eulberg with the Casey Tibbs Rodeo Center contacted Scott regarding the possibility of televising the Casey Tibbs Match of Champion Rodeo on June 5, 2021. Scott and Kalyn are working together to check if the fairgrounds current WIFI is capable of broadcasting the event live.
Hire Help: Scott Deal contacted Brady Hoftiezer regarding his reemployment for May-August. Scott would like to hire another part-time person, May-October. With more events at the fairgrounds, it gets to be too much for one person.
Paint: Scott Deal has been in contact with the Women’s Prison regarding the work program. If the program is started up again, Scott would like to paint everything that needs spruced up, except the chutes.
Stall Fronts: Motion by Sonny Harrowa, second by Craig Heller, to purchase 19 10’ metal stall fronts at $25.00 each. All voted Aye. Motion Carried.
Highway Department: Lee Smith presented to the Commissioners a report of work performed by the Highway Department for the month of February 2021, which consists of stripping gravel at the Buffalo Pit, blading roads and working on equipment. Lee stated that Morris, Inc. has started crushing gravel at the Buffalo Pit. Lee informed the Commissioners that the big CAT loader is broken down. The loader has 8,000 hours on it, we may need to start looking for a replacement.
2014 Freightliner Cab: Motion by Dennis Booth, second by Craig Heller, to approve the purchase of a 2014 Freightliner Cab in the amount of $29,528.61. All voted Aye. Motion Carried.
VW Truck Rebate Program: Lee Smith informed the Commission that Stanley County was awarded $91,954.50 for the purchase of a new Plow Truck/Dump Truck.
Gravel: No action was taken.
2021 Local Federal Bridge Replacement Program: Lee Smith informed the Commissioners that one of the County’s bridges falls within the criteria for the 2021 Local Federal Bridge Replacement Program. The one bridge does not warrant replacement, therefore, Stanley County will not participate in the Program this year.
Resolution 2021-08 – Stanley County Second Amendment Sanctuary County: Motion by Craig Heller, second by Dennis Booth, to approve Resolution 2021-08, Stanley County Second Amendment Sanctuary County. All voted Aye. Motion Carried.
STANLEY COUNTY SECOND AMENDMENT SANCTUARY COUNTY
WHEREAS. The Constitution of the United States of America is the supreme law of our nation. The Second Amendment to the Constitution states “A well-regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed”; and
WHEREAS, the Constitution of the State of South Dakota in Article 6, Section 24 states, “Right to bear arms. The right of the citizens to bear arms in defense of themselves and the State shall not be denied.” and
WHEREAS, the right of the citizens to keep and bear arms is guaranteed as an individual right under the Second Amendment to the United States Constitution and under the Constitution of the State of South Dakota; and
WHEREAS, the right of the citizens to keep and bear arms for the defense of Life, Liberty and Property is regarded as an inalienable right by the citizens of Stanley County, South Dakota; and
WHEREAS, the citizens of Stanley County, South Dakota, derived economic benefit from all safe forms of firearm recreation, hunting and shooting conducted with Stanley County as allowed under the United States and South Dakota Constitutions. and
WHEREAS, it is the desire of the Stanley County Board of County Commissioners to declare its support of the Second Amendment to the Constitution of the United States of America and Article 6, Section 24 of the Constitution of the State of South Dakota protecting citizens’ rights to keep and bear arms; and
WHEREAS, the members of the Stanley County Board of County Commissions took an oath to support and defend the Constitutions of the United States and of the State of South Dakota.
NOW, THEREFORE, BE IT RESOLVED that Stanley County Board of County Commissioners strongly supports the Second Amendment of the Constitution of the United States of America and Article 6, Section 24 of the Constitution of the State of South Dakota and that the Board strongly believes that it is the right of the citizens of Stanley County to keep and bear arms for the defense of life, liberty and property; and
FURTHER BE IT RESOLVED, to defend the rights and liberties of the citizens of Stanley County, the Stanley County Board of County Commissioners hereby declares:
Stanley County, South Dakota, a
“Second Amendment Sanctuary County”
Motion passed and Resolution 2021-08 adopted this 2nd day of March, 2021.
ATTEST: STANLEY COUNTY BOARD OF COMMISSIONERS
Philena Burtch, Auditor Dana Iversen, Chairman
Raise – State’s Attorney Legal Assistant: Motion by Dennis Booth, second by Craig Heller, to approve $1.00 per hour, 180 day raise, for State’s Attorney Legal Assistant Lacey Boxley, effective March 14, 2021. All voted Aye. Motion Carried.
Automatic Supplement: Motion by Dennis Booth, second by Craig Heller, to approve Automatic Supplement in the amount of $85,000.00, to reflect CRF Local Government Payment for Law Enforcement Equipment. All voted Aye. Motion Carried.
Catholic Community Foundation 2021 Raffle: Motion by Mike Kenzy, second by Craig Heller, to approve Catholic Community Foundation 2021 Raffle. All voted Aye. Motion Carried.
Executive Session – Care of Poor – SDCL 28-13-1: Motion by Craig Heller, second by Mike Kenzy, to go into Executive Session-Care of Poor-SDCL 28-13-1 at 6:26 P.M. All voted Aye. Motion Carried.
Chairman Iversen declared to reconvene at 6:33 P.M.
Motion by Sonny Harrowa, second by Mike Kenzy, to approve Tom P. Maher to negotiate with Avera for medical assistance. All voted Aye. Motion Carried.
Executive Session – Personnel – SDCL 1-25-2(1): Motion by Mike Kenzy, second by Craig Heller, to go into Executive Session-Personnel-SDCL 1-25-2(1) at 6:34 P.M. All voted Aye. Motion Carried.
Chairman Iversen declared to reconvene at 7:37 P.M.
Adjournment: Motion by Craig Heller, second by Mike Kenzy, to adjourn at 7:38 P.M. All voted Aye. Motion Carried.
ATTEST: BOARD OF STANLEY COUNTY COMMISSIONERS
Philena Burtch, Auditor Dana Iversen, Chairman