STANLEY COUNTY COMMISSION
November 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, Craig Heller and Sonny Harrowa present. Commissioner Mike Kenzy was present by telephone. Also present were State’s Attorney Tom P. Maher, Treasurer Peggy Dougherty, Deputy Register of Deeds Patti Duffy, Highway Superintendent Lee Smith, Coroner Gary Grittner, Capital Journal Michael Woodel, and Auditor Philena Burtch. The meeting commenced with the recitation of the Pledge of Allegiance.
AGENDA: Motion by Sonny Harrowa, second by Craig Heller, to approve the Agenda. Roll Call Vote. Booth voted Aye. Kenzy voted Aye. Heller voted Aye. Harrowa voted Aye. Iversen voted Aye. Motion Carried.
MINUTES: Motion by Craig Heller, second by Dennis Booth, to approve October 5, 2021, Minutes. Roll Call Vote. Booth voted Aye. Kenzy voted Aye. Heller voted Aye. Harrowa voted Aye. Iversen voted Aye. Motion Carried.
CLAIMS: Motion by Dennis Booth, second by Sonny Harrowa, to approve Claims as presented. Roll Call Vote. Booth voted Aye. Kenzy voted Aye. Heller voted Aye. Harrowa voted Aye. Iversen voted Aye. Motion Carried.
AMERICAN BANK & TRUST 169.04 OVERPAID TAXES 6435
AMERICAN STAMP & MARKETING 297.08 ROD SUPPL
AMERICAN MEDICAL RESPONSE INC 1237.50 OCTOBER SUBSIDY BILLING
AT&T MOBILITY 205.15 CELL PHONES
BARCO MUNICIPAL SUPPLIER 468.96 R&B MAINT & SUPPL
BINDERTEK 38.05 AUD SUPPL
BIXLER TREE SERVICE INC 300.00 STUMP GRINDING-LOG CABIN
MATTHEW W BOYD 74.00 MV REFUND
CAPITAL AREA REFUSE LLC 224.00 GOV BLDG/FRGRNDS TRASH BILLING
WICK COMMUNICATIONS 454.00 PUBCTN-MIN/PROV BDGT/ORDNC
CELERITY BROADBAND LLC 136.94 FRGRNDS WIFI
CENTURYLINK 85.28 4 CORNERS REPEATER
CENTURYLINK 221.57 OFFICE PHONES
CHANDLERS INC AUTOGLASS/RECYCL 588.00 R&B REPAIR & SUPPL/P2-G7A
CHRISTY LUMBER 151.45 FRGRNDS MAINT
COMMTECH 120.00 SERVER REPAIR
COMMUNITY YOUTH INVOLVED INC 1666.66 NOVEMBER SUPPORT
CONNECTING POINT 351.50 TREAS RPR & MNT/SRVR MNT
COWBOY COUNTRY STORES 119.80 GOV BLDG/DOE FUEL
DSG-PIERRE 301.82 GOV BLDG REPAIR & MAINT
DEERE CREDIT INC 42728.79 2021 JD 772G MOTOR GRADER
DIAMOND MOWERS INC 642.17 R&B MAINT & SUPPL-INV
PEGGY DOUGHERTY 335.00 TREAS HEALTH INS/ADMIN FEE
EDDIE'S TRUCK CENTER INC 2260.21 R&B REPAIR/MAINT/SUPPL-T7
FACTOR 360 120.00 WEBSITE ANNUAL CERTIFICATE
FARM CREDIT SERVICS OF AMERICA 52.50 MV REFUND
FISCHER LAW OFFICE PROF LLC 677.31 CRT APPT ATTRNY
FLEET SERVICES 1509.74 R&B/FRGRNDS FUEL
FLOYD'S KUBOTA 393.89 R&B REPAIR/MAINT/SUPPL-M1
FORT PIERRE CITY 68.77 EXT/CHN COPIER LEASE & COPIES
FORT PIERRE CITY 3137.05 WEST NILE PREVENTION
FORT PIERRE CITY 2512.12 UTILITIES
FORT PIERRE CITY 27158.48 DUE TO CITY OF FORT PIERRE
ROGER A FULLER 330.00 DOE HEALTH INS
JASON GLODT 685.30 CRT APPT ATTRNY
GOLDEN WEST TELECOMMUNICATIONS 334.04 E-911
GROSSENBURG IMPLEMENT OF PIERR 820.81 R&B SUPPL-G8/M5
GUNDERSON PALMER NELSON & 762.30 MENTAL ILLNESS
STACY R HEGGE 7794.65 CRT APPT ATTRNY
HOGEN'S HARDWARE HANK 24.43 R&B SUPPL
HOGEN'S HARDWARE HANK 22.57 CRT SRVC SPPL/GOV BLDG MAINT
HUGHES COUNTY FINANCE OFFICE 10392.50 SEPTEMBER JAIL & JUV BILLING
BRAD JANECKE 67.50 MV REFUND
JENNER EQUIPMENT COMPANY 219.72 FRGRNDS REPAIR & MAINT
LERETA LLC 339.80 OVERPAID TAXES 6671
BRENDA LOUNSBURY 360.00 BLOOD TESTS
LYNN'S DAKOTAMART 143.14 FRGRNDS/GOV BLDG/R&B SUPPL
THOMAS P MAHER 410.99 OCTOBER EXPENSES
MARCO 454.45 COPIER LEASE & COPIES
MENARDS - PIERRE 84.92 FRGRNDS MAINT
MICRO-FIX COMPUTERS 470.00 SERVER EQUIP
MICROFILM IMAGING SYSTEMS INC 395.00 ROD EQUIP RENTAL
MIDCONTINENT COMMUNICATION 151.78 COUNTY SHOP PHONE & INTERNET
MIDCONTINENT COMMUNICATION 240.00 OFFICE INTERNET
MONTANA-DAKOTA UTILITIES CO 26.94 COUNTY SHOP NATURAL GAS
MONTANA-DAKOTA UTILITIES CO 65.49 CH BLDG/FRGRNDS NATURAL GAS
NAPA 38.32 GOV BLDG SUPPL-2005 FORD
JEROMY J PANKRATZ 1115.50 CRT APPT ATTRNY
PHEASANTLAND INDUSTRIES 72.49 R&B MAINT & SUPPL
PHEASANTLAND INDUSTRIES 8.41 FOUR CORNERS SUPPL
CITY OF PIERRE 7497.62 AUG/SEPT MED DIR/4TH QTR E911
PITNEY BOWES 349.00 POSTAGE
POWERPLAN BF 120.52 R&B MAINT & SUPPL-G1A
QUILL CORPORATION 1251.10 OFFICE SUPPL
RDO EQUIPMENT COMPANY 155000.00 2013 JD 644K LOADER
ROBINS WATER CONDITIONING INC 12.00 R&B SUPPL
RUNNINGS SUPPLY INC 316.24 R&B SUPPL
RUNNINGS SUPPLY INC 826.10 FRGRNDS REPAIR & MAINT
SC-STANLEY COUNTY SCHOOL 57699.21 DUE TO SC SCHOOL
SCHATZ CHILDRENS TRUST 32.08 MV REFUND
BRAD A SCHREIBER 189.66 CRT APPT ATTRNY
JOAN BOOS SCHUELLER 1763.60 CRT APPT ATTRNY
SD BUREAU OF ADMINISTRATION 103.58 OFFICE LONG DIST/BIT
SD DEPT OF CORRECTIONS 852.31 FRGRNDS MAINT
SD DEPT OF REVENUE 125476.75 MV/VITALS/MENTAL ILLNESS
SD FEDERAL PROPERTY AGENCY 36.50 R&B SUPPL & EQUIP
SD PUBLIC HEALTH LABORATORY 365.00 BLOOD TESTS
SD PUBLIC ASSURANCE ALLIANCE 269.12 R&B INS-T2
SD ASSOC OF COUNTY OFFICIALS 106.00 ROD M/P FUND
CATHERINE A SEELEY 2980.45 CRT APPT ATTRNY
SERVALL UNIFORM/LINEN CO 111.44 R&B MAINT
SERVALL UNIFORM/LINEN CO 93.24 GOV BLDG SUPPL
SHANE'S PHARMACY 61.53 MEDICAL CARE
DON LEE SMITH 238.80 LOCAL RD CONF-REIMB
K THOMPSON LAW PROF LLC 1056.75 CRT APPT ATTRNY
TITAN MACHINERY 789.30 R&B SUPPL-INV
US POSTAL SERVICE 466.00 EXT PO BOX SERVICE FEE
MONA WEIGER 57.00 CRT RPRTR
WHEELHOUSE PLUMBING INC 145.00 FRGRNDS REPAIRS & MAINT
ANITA WOOD 28.08 REISSUE CK 53361-2019
WW TIRE SERVICE INC 59.95 R&B REPAIRS & MAINT-T7
WW TIRE SERVICE INC 73.45 DOE AUTO MAINT
ZANDER AUTO PARTS 216.43 R&B SUPPL-P2/P11
SALARIES BY OFFICE: Commissioners - $3,747.55; Auditor - $4,278.43; Treasurer - $7,682.07; States Attorney - $11,860.81; Custodial - $3,400.43; Director of Equalization - $5,388.12; Register of Deeds - $8,565.65; Road & Bridge - $29,609.28; Weed & Pest - $686.64; Fairgrounds - $10,423.86; Extension - $1,741.58; Employee Health Insurance - $17,071.48; SD Retirement System, withheld and match - $12,314.26; Electronic Transfer; FICA, Medicare and Withholding Tax - $27,347.92.
Auditor’s Account with the Treasurer:
Cash on hand - $442.00
Checks, less than 3 days - $13,146.38
Postage - $100.00
Petty Cash - $215.00
First National Bank - $205,875.89
MKKT Account – First National Bank - $3,020,644.87
MKKT Account – Dakota Prairie Bank - $70,968.06
SD FIT - $6,255.99
Total - $3,317,648.19
Register of Deeds:
Regular Fees October 2021 - $1,663.76
Transfer Fees October 2021 - $1,373.50
Treasurer and Auditor Report: Treasurer Peggy Dougherty presented the Commissioners with the Treasurer Report, September 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 September 2021 Budget Expenditure Report showing each department’s expenses as of September 30, 2021, Fiscal Revenue Report as of September 30, 2021, and Outstanding Disbursements by Account as of November 2, 2021.
Appointment of Register of Deeds Patricia Duffy: Motion by Dennis Booth, second by Craig Heller, to Appoint Patricia Duffy as Register of Deeds, effective November 8, 2021. Roll Call Vote. Booth voted Aye. Kenzy voted Aye. Heller voted Aye. Harrowa voted Aye. Iversen voted Aye. Motion Carried.
Ordinance 2021-04 Medical Cannabis Licensing: Second and Final Reading – Motion by Sonny Harrowa, second by Dennis Booth, to approve Ordinance 2021-04 Medical Cannabis Licensing. Roll Call Vote. Booth voted Aye. Kenzy voted Aye. Heller voted Aye. Harrowa voted Aye. Iversen voted Aye. Motion Carried.
An ORDINANCE ESTABLISHING LICENSING PROVISIONS FOR CANNABIS ESTABLISHMENTS TO THE REVISED ORDINANCES OF STANLEY COUNTY
Be It Ordained by the Board of County Commissioners of Stanley County that the Revised Ordinances of Stanley County is hereby amended by adding the following:
1.01: PURPOSE AND INTENT
The Board of County Commissioners of Stanley County enacts the following licensing ordinances in order to ensure that cannabis establishments within the unincorporated areas of the County operate in a manner which complies with state laws and regulations, protects the health, safety, and welfare of the general public, prevents potential conflicts and issues arising from ownership and employees, recognizes certain safety and security considerations, and minimizes risk of unauthorized use or access of cannabis by the general public.
Unless an alternative definition is explicitly stated in this section, this chapter utilizes the definitions for cannabis-related terms which are defined by SDCL 34-20G-1.
Cannabis (or Marijuana): all parts of any plant of the genus cannabis, whether growing or not, in its natural and unaltered state, except for drying or curing and crushing or crumbling. The term includes an altered state of marijuana absorbed into the human body. The term does not include fiber produced from the mature stalks of such plant, or oil or cake made from the seeds of such plant. The term does not include the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent on a dry weight basis.
Cannabis Cultivation Facility: in addition to the definition in SDCL 34-20G-1, this term is further defined as a legally licensed entity that acquires, possesses, cultivates, delivers, transfers, transports, supplies, or sells cannabis and related supplies to a cannabis establishment.
Cannabis Dispensary: in addition to the definition in SDCL 34-20G-1, this term is further defined as a legally licensed entity that acquires, possesses, stores, delivers, transfers, transports, sells, supplies, or dispenses cannabis, cannabis products, paraphernalia, or related supplies and educational materials.
Cannabis Establishment: cannabis cultivation facility, a cannabis testing facility, a cannabis product manufacturing facility, or a cannabis dispensary.
Cannabis Product Manufacturing Facility: in addition to the definition in SDCL 34-20G-1, this term is further defined as a legally licensed entity that acquires, possesses, manufactures, delivers, transfers, transports, supplies, or sells cannabis products to a cannabis dispensary.
Cannabis Products: any concentrated cannabis, cannabis extracts, and products that are infused with cannabis or an extract thereof, and are intended for use or consumption by humans. The term includes edible cannabis products, beverages, topical products, ointments, oils, and tinctures
Cannabis Testing Facility: in addition to the definition in SDCL 34-20G-1, this term is further defined as a legally licensed entity legally authorized to analyze the safety and potency of cannabis.
Department: the South Dakota Department of Health
1.03: LICENSE REQUIRED
(a) No cannabis establishment may be located or operate in the unincorporated area of the County without the appropriate valid and current cannabis establishment license issued by the County pursuant to this article. A violation of this provision is subject to the general penalty provision in Chapter 1.16. Each day of the violation constitutes a separate offense.
(b) No cannabis establishment may be located or operate in the unincorporated area of the County without the appropriate valid and current cannabis establishment registration certificate issued by the Department pursuant to rules promulgated under SDCL 34-20G. A violation of this provision is subject to the general penalty provision in 1.16. Each day of the violation constitutes a separate offense.
1.04: LICENSE APPLICATION
(a) An application for a cannabis establishment license must be made on a form provided by the County. No other application form will be considered.
(b) The applicant must submit the following:
1. Application fee of $50,000.00. The County will retain $2,500.00 from applicants who fail to obtain a registration certificate from the South Dakota Department of Health.
2. An application that will include, but is not limited to, the following:
i. The legal name of the prospective cannabis establishment;
ii. The physical address of the prospective cannabis establishment that meets the zoning requirements in Stanley County Zoning Ordinance November 29, 1999, The Zoning Ordinance of Stanley County, as amended; and as amended; as well as any location requirements pursuant SDCL 34-20G and the administrative rules promulgated thereunder.
iii. The name, address, and birth date of each principal officer, owner, and board member of the proposed cannabis establishment.
iv. A sworn statement that no principal officer, owner, or board member has been convicted of a violent felony offense in the previous ten (10) years in any jurisdiction.
v. Any additional information requested by the County.
1.05: ISSUANCE OF LICENSE
(a) The County will issue a license unless:
1. The applicant has made a false statement on the application or submits false records or documentation; or
2. Any owner, principal officer, or board member of the applicant is under the age of twenty-one (21) years; or
3. Any owner, principal officer, or board member of the applicant has been convicted of a violent felony offense in the previous ten (10) years in any jurisdiction;
4. The proposed location does not meet the applicable zoning requirements under Stanley County Zoning Ordinance November 29, 1999, as amended.
5. The proposed location does not meet all location requirements under SDCL 34-20G and the administrative rules promulgated thereunder;
6. The license is to be used for a business prohibited by state or local law, statute, rule, ordinance, or regulation; or
7. Any owner, principal officer, or board member of the applicant has had a cannabis establishment license revoked by a County, other government subdivision or a registration certificate revoked by a State; or
8. An applicant, or an owner, principal officer, or board member thereof, is overdue in payment to the County of taxes, fees, fines, or penalties assessed against or imposed upon the applicant in relation to any cannabis establishment; or
9. The applicant will not be operating the business for which the license would be issued.
(b) In the case of an application for a cannabis dispensary license, the County will reject the application if the limit on the number of cannabis dispensaries has been reached.
(c) The license must be posted in a conspicuous place at or near the entrance to the cannabis establishment so that it may be easily read at any time.
1.06: COUNTY NEUTRALITY AS TO APPLICANTS
(a) Upon request from the Department as to the County’s preference of applicants, the County will neither support nor oppose any registration certificate application under consideration by the Department. Likewise, if inquiry is made by the Department, the County will abstain from endorsing any application as beneficial to the community.
1.07: NUMBER OF CANNABIS ESTABLISHIMENT
(a) No more than one (1) cannabis establishment shall be allowed to operate in the unincorporated area of the County at any time.
1.08: EXPIRATION OF LICENSE AND RENEWAL
(a) Each license expires one year from the date of issuance and may be renewed only by making application as provided in Section 1.04. Application for renewal must be submitted at least thirty (30) days before the expiration date. The license holder must continue to meet the license requirements to be eligible for a renewal.
(b) The renewal fee is $25,000. The County will retain $2,500 for applicants who fail to obtain a renewal of their registration certificate from the Department.
(c) Failure to renew a license in accordance with this section may result in additional fees. Upon expiration of the license, the County may order closure of the cannabis establishment.
(d) If a license holder has not operated an establishment for which it holds a license in the preceding twelve (12) months, the license will not be renewed.
(a) A license may be suspended if the license holder or an employee or agent of the license holder:
1. Violates or is otherwise not in compliance with any section of this article.
2. Consumes or smokes or allows any person to consume or smoke cannabis on the premises of the cannabis establishment.
3. Knowingly dispenses or provides cannabis or cannabis products to an individual or business to whom it is unlawful to provide cannabis or cannabis products.
(b) A license may be suspended if the license holder has its Department-issued registration certificate suspended, revoked, or not renewed by the Department or if the registration certificate is expired.
(c) A license may be suspended if the license holder creates or allows to be created a public nuisance at the cannabis establishment.
(a) A license may be revoked if the license is suspended under Section 1.09 and the cause for the suspension is not remedied.
(b) A license may be revoked if the license is subject to suspension under Section 1.09 because of a violation outlined in that section and the license has been previously suspended in the preceding 24 months.
(c) A license is subject to revocation if a license holder or employee of a license holder:
1. Gave false or misleading information in the material submitted during the application
2. Knowingly allowed possession, use, or sale of non-cannabis controlled substances on
3. Operated the cannabis establishment or the business of the cannabis establishment for
which a license is required under this article while the license was suspended;
4. Repeated violations of Section 1.11;
5. Operated a function of a cannabis establishment for which the license holder was not licensed (e.g., a licensed cannabis cultivation facility conducting cannabis testing functions without a cannabis testing establishment license);
6. A license holder, or an owner, principal officer, or board member thereof, is delinquent in payment to the city, county, or state for any taxes or fees related to the cannabis establishment;
7. A license holder, or an owner, principal officers, or board member thereof, has been convicted of, or continues to employ an employee who has been convicted of, a disqualifying felony offense as defined by SDCL 34-20G; or
8. The license holder has its Department-issued registration certificate suspended, revoked, or not renewed or the registration certificate is expired.
9. The license holder allows a public nuisance to continue after notice from the County.
1.11. SUSPENSION AND REVOCATION PROCESS
(a) The license holder will receive a notice of intent to suspend or notice of intent to revoke informing the license holder of the violation and the County’s intention to suspend or revoke the license. The notice will be hand delivered to the license holder or an employee or agent of the license holder or sent by certified mail, return receipt requested to the physical address of the cannabis establishment.
(b) If the license holder disputes the suspension or revocation, the license holder has ten (10) days from the postmark date on the notice or the date the notice was hand delivered to request a hearing before a hearing panel, which will consist of the County Commission Chairperson, Auditor, and Sheriff.
(c) A suspension will be for thirty (30) days and begins ten (10) days after the postmark date on the notice or the date the notice is hand delivered unless the license holder exercises its rights to process and appeal, in which case the suspension takes effect upon the final determination of suspension.
(d) A revocation will be for one (1) year and begins ten (10) days after the postmark date on the notice or the date the notice is hand delivered unless the license holder appeals the revocation, in which case the revocation takes effect upon the final determination of revocation.
(e) The license holder who has had the license revoked may not be issued any cannabis establishment license for one year from the date the revocation became effective.
An applicant or license holder who has been denied a license or renewal of a license or who has had a license suspended or revoked under this article may appeal to the Board of County Commissioners by submitting a written appeal within ten (10) days of the postmark on the notice of denial, nonrenewal, suspension, or revocation. The written appeal must be submitted to Stanley County Courthouse. The appeal will be considered by the Board of County Commissioners at a regularly scheduled meeting within one month of the receipt of the appeal.
1.13: LICENSES NOT TRANSFERRABLE
No cannabis establishment license holder may transfer the license to any other person or entity either with or without consideration, nor may a license holder operate a cannabis establishment at any place other than the address designated in the application.
1.14: HOURS OF OPERATION FOR DISPENSARIES
No cannabis dispensary may operate between the hours of 9:00 pm and 9:00 am, legal time, including weekends and legal holidays.
1.15: LIABILITY FOR VIOLATIONS
Notwithstanding anything to the contrary, for the purposes of this article, an act by an employee or agent of a cannabis establishment that constitutes grounds for suspension or revocation will be imputed to the cannabis establishment license holder for purposes of finding a violation of this article, or for purposes of license denial, suspension, or revocation, only if an officer, director or general partner or a person who managed, supervised or controlled the operation of the cannabis establishment, knowingly allowed such act to occur on the premises.
Any person who operates or causes to be operated a cannabis establishment without a valid license or in violation of this article is subject to a suit for injunction as well as prosecution for ordinance violations. Such violations are punishable by a maximum as a Class 2 Misdemeanor and thirty days in County jail, five hundred dollar fine, or both. Each day that a cannabis establishment so operates is a separate offense or violation.
Severability. The provisions of this ordinance are severable. If any provision of this ordinance or the application thereof to any person or circumstance is held to be invalid, such invalidity shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provision or application.
Passed and adopted this 2nd day of November, 2021.
Dated this 2nd day of November, 2021
Dana Iversen, Commission Chairman
Dated this 2nd day of November, 2021
Philena Burtch, Auditor
Stanley County, South Dakota
First Reading: October 5, 2021
Second & Final Reading: November 2, 2021
Published in Newspaper: November 6, 2021
Highway Department: Lee Smith presented to the Commissioners a report of work performed by the Highway Department for the month of October 2021, which consists of haul and lay gravel on Nemec Rd, Riffle Range and Hayes Rd, blading, mowing, clean drainage on Bad River Rd, and working on equipment.
SD DOT Approved Stanley County 2022 to 2026 Five-Year County Highway and Bridge Improvement Plan
Resignation: Motion by Craig Heller, second by Dennis Booth, to accept and approve Resignation of Retirement of Jerry Rada, Highway Department, effective September 17, 2021. Roll Call Vote. Booth voted Aye. Kenzy voted Aye. Heller voted Aye. Harrowa voted Aye. Iversen voted Aye. Motion Carried.
Weed & Pest: Lee Smith will be meeting with the Weed & Pest Board. Lee would like the Weed & Pest Department to have a pickup that will haul the tank and sprayer. Lee stated that a Drone would be used to track Canadian Thistle patches and prairie dog towns.
Fairgrounds: Gutter-Schomer Barn and Barn B has been tabled until Spring.
Abatement-Record #9729, #9730, #9731, #9732: Motion by Sonny Harrowa, second by Craig Heller, to deny Abatement request for Record #9729, #9730, #9731 and #9732, as applicant is appealing valuation. This should have been submitted to the Board of Equalization in March, 2021. Roll Call Vote. Booth voted Aye. Kenzy voted Aye. Heller voted Aye. Harrowa voted Aye. Iversen voted Aye. Motion Carried.
County Health Nurse/SD Department of Health Contract-Amendment 1: Motion by Craig Heller, second by Sonny Harrowa, to accept and approve Chairman Iversen to sign SD Department of Health Community Health Services CY2021 Amendment 1. Roll Call Vote. Booth voted Aye. Kenzy voted Aye. Heller voted Aye. Harrowa voted Aye. Iversen voted Aye. Motion Carried.
Opioid Settlement: Motion by Dennis Booth, second by Craig Heller, to approve Stanley County to Sign-on to the National Opioid Settlement. Roll Call Vote. Booth voted Aye. Kenzy voted Aye. Heller voted Aye. Harrowa voted Aye. Iversen voted Aye. Motion Carried.
Redistricting: Auditor Burtch presented the Commissioners with two plan designs for redistricting. Stanley County population has not changed much, according to the U.S. Census, but it has changed enough to warrant minor changes within the Commission Districts.
Automatic Budget Supplement: Motion by Sonny Harrowa, second by Craig Heller, to approve Automatic Budget Supplement for State’s Attorney Health Insurance, in the amount of $691.58, to reflect COBRA payment. Roll Call Vote. Booth voted Aye. Kenzy voted Aye. Heller voted Aye. Harrowa voted Aye. Iversen voted Aye. Motion Carried.
Motion by Craig Heller, second by Dennis Booth, to approve Automatic Budget Supplement for Road & Bridge SD DOT Big Fund, in the amount of $20,560.00, to reflect SD DOT Big Fund Payment. Roll Call Vote. Booth voted Aye. Kenzy voted Aye. Heller voted Aye. Harrowa voted Aye. Iversen voted Aye. Motion Carried.
Contingency Transfer – Resolution 2021-17: Motion by Sonny Harrowa, second by Craig Heller, to approve Resolution 2021-17 Contingency Transfer for Court Appointed Attorney Services in the amount of $20,000.00. Roll Call Vote. Booth voted Aye. Kenzy voted Aye. Heller voted Aye. Harrowa voted Aye. Iversen voted Aye. Motion Carried.
WHEREAS, insufficient appropriation was made in the 2021 adopted budget for the Court Appointed Attorney department to discharge just obligations of said appropriations: and
WHEREAS SDCL 7-21-32.2 provides that transfers be made by resolution of the board from the contingency appropriation established pursuant to SDCL 7-21-6.1 to other appropriations;
THEREFORE BE IT RESOLVED that the appropriation be transferred from the contingency budget to the Court Appointed Attorney department budget 101-112-429.00 (Commissioners) $20,000.00 – Expenditure budget 101-153-422.00 (Crt Appt Atty Services Adult) in the sum of $20,000.00.
Motion by Sonny Harrowa, second by Craig Heller, to approve Contingency Transfer in the amount of $20,000.00 to Court Appointed Attorney – Services Adult. All voted Aye. Motion Carried.
Dated this 2nd day of November, 2021.
ATTEST: BOARD OF STANLEY COUNTY COMMISSIONERS
Philena Burtch, Auditor Dana Iversen, Chairman
Ultra and Vanguard Programs: Auditor Burtch had a meeting with SD Department of Revenue regarding the property valuations. Auditor Burtch is working with Ultra, Vanguard and South Dakota Department of Revenue to rectify the issues.
Discussion: Hughes County Jail is discussing the possibility of raising the daily inmate housing rate.
Executive Session – Personnel – SDCL 1-25-2(1): Motion by Sonny Harrowa, second by Craig Heller, to go into Executive Session-Personnel-SDCL 1-25-2(1) at 6:20 P.M. Roll Call Vote. Booth voted Aye. Kenzy voted Aye. Heller voted Aye. Harrowa voted Aye. Iversen voted Aye. Motion Carried.
Chairman Iversen declared to reconvene at 6:57 P.M.
Adjournment: Motion by Craig Heller, second by Dennis Booth, to adjourn at 7:00 P.M. Roll Call Voted. Booth voted Aye. Kenzy voted Aye. Heller voted Aye. Harrowa voted Aye. Iversen voted Aye. Motion Carried.
ATTEST: BOARD OF STANLEY COUNTY COMMISSIONERS
Philena Burtch, Auditor Dana Iversen, Chairman