October 5, 2021
STANLEY COUNTY COMMISSION
MINUTES
October 5, 2021
The regular meeting of the Stanley County Commission was called to order at 5:02 P.M.(CT) by Chairman Dana Iversen with Commissioners Dennis Booth, Craig Heller and Sonny Harrowa present. Commission Mike Kenzy was present by telephone. Also present were Deputy Treasurer Susan Howard, Fairgrounds Manager Scott Deal, Verendrye Benevolent Association Manager Shane Kramme, Deputy Register of Deeds Patti Duffy, Carol Schneiderhan, Dan Schneiderhan, Vickie Olson, John Mehlhaff, Dacey Hepper, Dusty Hepper, Bill Shrader, Rob Krogstad 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 Dennis Booth, second by Sonny Harrowa, to approve September 7, 2021, Minutes and September 21, 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 Craig Heller, 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.
ACE STEEL & RECYCLING INC 95.99 FRGRNDS MAINT
AMERICAN STAMP & MARKETING 93.23 AUD & ROD SUPPL
AMERICAN MEDICAL RESPONSE INC 1237.50 SEPTEMBER SUBSIDY BILLING
AT&T MOBILITY 204.36 CELL PHONES
AVERA OCCUPATIONAL MEDICINE MI 82.00 R&B TESTS
PHILENA BURTCH 177.08 SDACO FALL CONVENTION
BUTLER MACHINERY CO 778.40 R&B SUPPL-INVENTORY
CAPITAL AREA COUNSELING INC 1185.00 AUGUST MCR
CAPITAL AREA REFUSE LLC 384.00 GOV BLDG/FRGRNDS TRASH BILLING
WICK COMMUNICATIONS 20.67 HIGHWAY 5-YR PLAN PUBLIC NOTIC
WICK COMMUNICATIONS 1184.61 8/3 MIN/PUBLICTNS
CAPITOL CITY FLORIST AND GIFTS 56.00 MEMORIAL
CATLIN'S CAR CLINIC 414.56 FRGRNDS RPR/MNT 2011
CELERITY BROADBAND LLC 136.94 FRGRNDS WIFI
CENTURYLINK 85.28 4 CORNERS REPEATER
CENTURYLINK 223.05 OFFICE PHONES
TRAVIS W STOUT 399.00 FRGRNDS MAINT
CHRISTY LUMBER 1010.66 FRGRNDS REPAIRS & MAINT
CLARION INN & CONVENTN CENTER 320.97 COUNTY OFFICIALS FALL CONVENTN
WILL CLARK ELECTRICAL INC 108.49 FRGRNDS REPAIRS
COMMUNITY YOUTH INVOLVED INC 1666.66 OCTOBER SUPPORT
CONNECTING POINT 259.00 SERVR MAINT
COWBOY COUNTRY STORES 259.72 DOE & GOV BLDG FUEL
DAKOTA DATA SHRED 75.08 AUD MAINT
DEERE CREDIT INCCIAL 14294.18 2019 JOHN DEERE 772G
DIVISION OF MOTOR VEHICLE 21.20 TITLE/LICENS FEES-FRGRNDS 2011
PEGGY DOUGHERTY 573.08 SDACO FALL CONVNTN/TRS HLTH
PATRICIA M DUFFY 177.08 SDACO FALL CONVENTION
EDDIE'S TRUCK CENTER INC 1773.61 R&B MAINT & SUPPL/T2-T7-T8
FLEET SERVICES 1539.64 R&B/FRGRNDS FUEL
FORT PIERRE FIRE DEPT 16250.00 4TH QTR PAYMENT
FORT PIERRE CITY 66.89 EXT/CHN COPIER LEASE & COPIES
FORT PIERRE CITY 2919.47 UTILITIES
FORT PIERRE CITY 12569.09 DUE TO CITY OF FORT PIERRE
FOUR CORNERS FIRE DEPTMENT 4720.00 4TH QTR PAYMENT
FRIMAN OIL & GAS CO INC 335.90 R&B SUPPL-OIL & GREASE
ROGER A FULLER 330.00 DOE HEALTH INS
GOLDEN WEST TELECOMMUNICATIONS 334.04 E-911
GRAHAM TIRE COMPANY 761.00 R&B REPAIR & SUPPL/T7
GROSSENBURG IMPLEMENT OF PIERR 1163.49 R&B MAINT & SUPPL/M5-M6-G7
SHANE GUNDERSON 1215.00 FRGRNDS MAINT
STACY R HEGGE 3892.05 CRT APPT ATTRNY
HOGEN'S HARDWARE HANK 722.92 FRGRNDS REPAIRS & MAINT
CODY L HONEYWELL 3702.60 CRT APPT ATTRNY
HUGHES COUNTY FINANCE OFFICE 11520.00 AUGUST JAIL BILL
JACKIE HUSTED 299.88 EXT/4-H TRAVEL
INLAND TRUCK PARTS 54.50 R&B SUPPL/T8
JC OFFICE SUPPLIES 22.17 R&B OFFICE SUPPL
JC OFFICE SUPPLIES 41.47 EXT SUPPL
REGGIE KENNEDY 40.00 4-H FINAL STALL FEE REFUND
KONRAD LAW, PROF LLC 1103.48 CRT APPT ATTRNY
LYNN'S DAKOTAMART 552.06 GOV BLDG/FRGRNDS/R&B SUPPL
MACK METAL SALES INC 150.00 FRGNDS MAINT
THOMAS P MAHER 549.72 SEPTEMBER EXPENSES
MARCO 490.13 COPIER LEASE & COPIES
MENARDS - PIERRE 1303.18 GOV BLDG/FRGRNDS SUPPL
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 17.57 COUNTY SHOP NATURAL GAS
MONTANA-DAKOTA UTILITIES CO 59.40 CH BLDG/FRGNDS NATURAL GAS
MORRIS INC 415.73 R&B MAINT & SUPPL/T8-SHOP-M1
EARL CALVIN MOSES JR 15.00 MV REFUND
WILLIAM A MOSS PSY.D., LLC 2100.00 MENTAL ILLNESS
NAPA 13.98 GOV BLDG REPAIR & MAINT
NATIONAL NOTARY ASSOCIATION 186.00 AUD & ROD SUPPL
PHEASANTLAND INDUSTRIES 280.00 FOUR CORNERS FIRE DEPT SUPPL
PITNEY BOWES 186.61 POSTAGE
POWERPLAN BF 1106.65 R&B MAINT & SUPPL/G1A
QUILL CORPORATION 577.14 OFFICE SUPPL
RAMKOTA HOTEL-- RAPID CITY 303.00 COUNTY OFFICIALS FALL CONVENTN
ROBINS WATER CONDITIONING INC 12.00 R&B SUPPL
RUNNINGS SUPPLY INC 94.71 R&B SUPPL
RUNNINGS SUPPLY INC 388.40 GOV BLDG/FRGRNDS SUPPL
STANLEY COUNTY LAW ENFORCEMENT 66087.75 4TH QTR PAYMENT
STANLEY COUNTY SCHOOL DIST 27635.75 DUE TO SC SCHOOL
BRAD A SCHREIBER 156.48 CRT APPT ATTRNY
SD ASSOC OF COUNTY OFFICIALS 160.00 ROD M/P FUND
SD DEPT OF CORRECTIONS 589.76 FRGRNDS MAINT
SD DEPT OF REVENUE 94527.82 MV/VITALS/MENTAL ILLNESS
SD FEDERAL PROPERTY AGENCY 38.68 R&B SUPPL
SD FEDERAL PROPERTY AGENCY 151.00 FRGRNDS SUPPL
SD PUBLIC HEALTH LABORATORY 630.00 ALCOHOL BLOOD TESTS
CATHERINE A SEELEY 477.40 CRT APPT ATTRNY
SERVALL UNIFORM/LINEN CO 164.53 R&B MAINT
SERVALL UNIFORM/LINEN CO 93.24 GOV BLDG SUPPL
SHANE'S PHARMACY 15.23 MEDICAL CARE
DON LEE SMITH 177.08 SDACHS FALL CONVENTION
K THOMPSON LAW PROF LLC 7416.85 CRT APPT ATTRNY
TITAN MACHINERY 556.14 R&B MAINT & SUPPL/M1
VERENDRYE MUSEUM 875.00 4TH QTR PAYMENT
CITY OF WINNER 300.00 AUGUST JAIL BILL
WW TIRE SERVICE INC 538.57 R&B REPR/MNT/SUPPL-G1A P-P10
WW TIRE SERVICE INC 1136.88 FRGRNDS 2011 MAINT
ZANDER AUTO PARTS 511.40 R&B SPPL/P1-T8-P11-P8-G8-M5
ZANDER AUTO PARTS 164.68 FRGRNDS REPAIRS & MAINT
SALARIES BY OFFICE: Commissioners - $3,747.50; Auditor - $2,888.59; Treasurer - $5,104.35; States Attorney - $7,988.58; Custodial - $2,260.91; Director of Equalization - $6,189.59; Register of Deeds - $5,727.83; Road & Bridge - $22,873.34; Coroner - $55.41; Weed & Pest - $467.68; Fairgrounds - $6,375.39; Extension - $1,258.57; Employee Health Insurance - $17,071.48; SD Retirement System, withheld and match - $8,798.08; Electronic Transfer; FICA, Medicare and Withholding Tax - $19,763.38.
Auditor’s Account with the Treasurer:
August 2021
Cash on hand - $887.60
Checks, less than 3 days - $9,209.05
Postage - $100.00
Bad Checks - $150.00
Petty Cash - $215.00
First National Bank - $131,115.58
MKKT Account – First National Bank - $3,210,190.32
MKKT Account – Dakota Prairie Bank - $70,951.54
SD FIT - $6,255.99
Total - $3,429,078.08
Register of Deeds:
Regular Fees September 2021 - $2,070.10
Transfer Fees September 2021 - $3,072.00
Treasurer and Auditor Report: Deputy Treasurer Susan Howard presented the Commissioners with the Treasurer Report, August 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 August 2021 Budget Expenditure Report showing each department’s expenses as of August 31, 2021, and Outstanding Disbursements by Account as of October 1, 2021.
Executive Session – Legal – SDCL 1-25-2(3): Motion by Dennis Booth, second by Craig Heller, to go into Executive Session-Legal-SDCL 1-25-2(3) at 5:08 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 5:19 P.M.
Discussion: Ordinance 2021-01 – Combining of the Offices: Half a dozen people spoke about their opposition to combining the Offices. They felt that their voting rights were being taken away. They feel they should have say in who fills the three offices.
Verendrye Benevolent Association: Shane Kramme informed the Commission that the 2021 horse races went well. There was a great crowd, a great turnout and everyone is looking forward to next year. Shane stated he will be submitting the paperwork for the 2022 horse races, which is due October 31, 2021. Shane said horse races are scheduled for October 1-2, 2022, at Stanley County Fairgrounds.
Ordinance 2021-03 Medical Cannabis Establishments: Motion by Sonny Harrowa, second by Dennis Booth, to approve Ordinance 2021-03 Medical Cannabis Establishments. Roll Call Vote. Booth voted Aye. Kenzy voted Aye. Heller voted Aye. Harrow voted Aye. Iversen voted Aye. Motion Carried.
ORDINANCE NO. 2021-03
AN ORDINANCE AMENDING DEFINITIONS, SECTION 503-507 OF ARTICLE 5; SECTION 603-607 OF ARTICLE 6; SECTION 703-707 OF ARTICLE 7; SECTION 803-807 OF ARTICLE 8; SECTION 903-907 OF ARTICLE 9; SECTION 1003, SECTION 1007 OF ARTICLE 10 FOR STANLEY COUNTY ZONING ORDINANCE NOVEMBER 29, 1999 OF STANLEY COUNTY, SOUTH DAKOTA, RELATING TO MEDICAL CANNABIS ESTABLISHMENTS IN THE PLANNING AND ZONING DISTRICTS OF STANLEY COUNTY, SOUTH DAKOTA
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF STANLEY COUNTY, SOUTH DAKOTA:
SECTION 1: That the Definitions of the Stanley County Zoning Ordinance be amended to the following:
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. Amend Definitions, by adding the following:
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 the 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 of 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
Prohibited Uses: All uses and structures not specifically listed as a permitted use, special permitted use, or as a conditional use in a particular zoning district shall be prohibited in said district.
Certain uses declared incompatible and excluded: All uses and structures not specifically listed as a permitted use, special permitted use, or as a conditional use in a particular zoning district shall be prohibited in said district.
SECTION 2: That Article 5, Section 5-506, reserved, be amended to the following:
Section 506: Certain uses declared incompatible and excluded
The following uses are hereby declared incompatible with the purpose of the Agriculture District (AG) and are hereby expressly excluded.
1. Medical Cannabis Establishments.
SECTION 3: That Article 6, Section 6-606, reserved, be amended to the following:
Section 606: Certain uses declared incompatible and excluded
The following uses are hereby declared incompatible with the purpose of the Low Density Rural Residential (R1) and are hereby expressly excluded.
1. Medical Cannabis Establishments.
SECTION 4: That Article 7, Section 7-706, reserved, be amended to the following:
Section 706: Certain uses declared incompatible and excluded
The following uses are hereby declared incompatible with the purpose of the Medium Density Rural Residential (R2) and are hereby expressly excluded.
1. Medical Cannabis Establishments.
SECTION 5: That Article 8, Section 8-806, reserved, be amended to the following:
Section 806: Certain uses declared incompatible and excluded
The following uses are hereby declared incompatible with the purpose of the High Density Rural Residential (R3) and are hereby expressly excluded.
1. Medical Cannabis Establishments.
SECTION 6: That Article 9, Section 9-906, reserved, be amended to the following:
Section 906: Certain uses declared incompatible and excluded
The following uses are hereby declared incompatible with the purpose of the Platted Town Site Residential (R4) and are hereby expressly excluded.
1. Medical Cannabis Establishments.
SECTION 7: That Article 10, Section 10-1003 and 10-1007 be amended and the following use of medical cannabis establishment is hereby declared compatible with the purposes of the Rural Commercial District (RC) and are hereby expressly included, and Article 10 by amended, as follows:
Section 1003: Permitted Principal Uses and Structures
23. Medical Cannabis Establishments.
Section 1007: Conditional Uses
5. Medical Cannabis Dispensary.
SECTION 8: That all ordinances or parts thereof in conflict herewith are hereby repealed.
Passed and adopted upon vote of All (for) to None (against), this 5th day of October, 2021.
DANA IVERSEN, Chairman
Stanley County Board of Commissioners
Dated this 5th day of October, 2021
PHILENA BURTCH, Auditor
Stanley County, South Dakota
First Reading: September 21, 2021
Hearing & Adoption: October 5, 2021
Published: October 9, 2021
Effective: October 9, 2021
Ordinance 2021-04 Medical Cannabis Licensing: First Reading. Rob Krogstad was present for the First Reading. Mr. Krogstad asked a few questions regarding the licensing process. Mr. Krogstad’s questions were answered, there was no other public comment or discussion.
Fairgrounds: Scott Deal informed the Commission that the State Fire Marshal’s Office completed the annual inspection. The Grandstand needs walk-in fire exit doors, illuminated Exit signs and a designated fire lane.
Facility Fees: Scott Deal would like to set a Facility Fee Policy for any and all events held at the fairgrounds. All fees subject to change per County Commission approval.
Barn B - Gutters: Scott Deal is waiting for additional information.
Highway Department: Auditor Burtch presented to the Commissioners a report of work performed by the Highway Department for the month of September 2021, which consists of hauling gravel, blading, mowing, and working on equipment.
Surplus – 2016 Caterpillar 140M3AWD Motor Grader: Motion by Craig Heller, second by Mike Kenzy, to approve the surplus of the 2016 Caterpillar 140M3AWD Motor Grader, Serial # N9J00345, in the amount of $200,000.00. Roll Call Vote. Booth voted Aye. Kenzy voted Aye. Heller voted Aye. Harrowa voted Aye. Iversen voted Aye. Motion Carried.
Five-Year County Highway and Bridge Improvement Transportation Plan: No one appeared before the Board to make public comment or discussion.
Motion by Craig Heller, second by Sonny Harrowa, to approve Stanley County Five-Year County Highway and Bridge Improvement Transportation Plan as presented. Roll Call Vote. Booth voted Aye. Kenzy voted Aye. Heller voted Aye. Harrowa voted Aye. Iversen voted Aye. Motion Carried.
Automatic Budget Supplement: Motion by Sonny Harrowa, second by Dennis Booth, 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 Dennis Booth, second by Craig Heller, to approve Automatic Budget Supplement for Fairgrounds, in the amount of $15,200.89, to reflect SDSHSR. Roll Call Vote. Booth voted Aye. Kenzy voted Aye. Heller voted Aye. Harrowa voted Aye. Iversen voted Aye. Motion Carried.
Tax Notice Memo: Motion by Sonny Harrowa, second by Craig Heller, to add memo to 2021 Pay 2022 Tax Notice. ‘Each year, property valuations are reviewed and approved by the South Dakota Department of Revenue, before tax notices are printed.’ Roll Call Vote. Booth voted Aye. Kenzy voted Aye. Heller voted Aye. Harrowa voted Aye. Iversen voted Aye. Motion Carried.
Upcoming Workshops: Local Roads Conference; 2022 Election Workshop
Ultra and Vanguard Programs Showing Different Valuations: Auditor Burtch informed the Commission that the property valuations between the Ultra Program and the Vanguard Program are showing different valuations. Auditor Burtch is working with Ultra, Vanguard and South Dakota Department of Revenue to rectify the issue.
Adjournment: Motion by Dennis Booth, second by Craig Heller, to adjourn at 6:53 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