November 2, 2021

STANLEY COUNTY COMMISSION

MINUTES

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:

September 2021

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.

 

ORDINANCE 2021-04

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.

1.02: DEFINITIONS

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.

1.09: SUSPENSION

 

(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.

 

1.10: REVOCATION

(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

    process;

 

2. Knowingly allowed possession, use, or sale of non-cannabis controlled substances on

    the premises;

      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.

 

1.12: APPEAL

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.

1.16: PENALTIES

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.

RESOLUTION 2021–17

CONTINGENCY TRANSFER

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

            (SEAL)

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

            (SEAL)

Philena Burtch, Auditor                                    Dana Iversen, Chairman

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