County commissioners approve cannabis ordinance

Chairman Zweber called the July 8th, 2021 meeting to order.  Commissioners present: Everson, Hagny, Frost & Tanner.

AMEND THE AGENDA

Moved by Frost, seconded by Everson to amend the agenda to add second reading and approve Temporary Ordinance of Medical Cannabis. All voted aye.  Motion carried.

Moved by Hagny, seconded by Tanner to approve the second reading for Potter County Ordinance No. 2021-1, A Temporary Ordinance Regarding the Issuance of Local Medical Cannabis Establishment Licenses and/or Registrations.  All voted aye.  Motion carried.

Moved by Frost to approve the adoption Potter County Ordinance No. 2021-1, A Temporary Ordinance Regarding the Issuance of Local Medical Cannabis Establishment Licenses and/or Registrations.  Seconded by Hagny.  All voted aye.  Motion carried.

POTTER COUNTY ORDINANCE

NO. 2021-1

A TEMPORARY ORDINANCE REGARDING THE ISSUANCE OF LOCAL MEDICAL CANNABIS ESTABLISHMENT 

LICENSES AND/OR REGISTRATIONS

WHEREAS, a local government may enact an ordinance not in conflict with SDCL Chapter 34-20G, governing the time, place, manner, and number of medical cannabis establishments in the locality.  A local government may establish civil penalties for violation of an ordinance governing the time, place, and manner of a medical cannabis establishment that may operate in the locality. A local government may require a medical cannabis establishment to obtain a local license, zoning permit, or registration to operate, and may charge a reasonable fee for the local license, zoning permit, or registration.

WHEREAS, Potter County, South Dakota (“County”), makes a preliminary finding that the County’s current regulations and controls may not adequately address the unique needs and impacts of medical cannabis establishments as defined in SDCL 34-20G-1; 

WHEREAS, medical cannabis state laws under SDCL 34-20G are effective July 1, 2021, with the South Dakota Department of Health is required to promulgate rules pursuant to chapter 1-26 no later than October 29, 2021, as defined by SDCL 34-20G-72.  During the time between July 1, 2021 and potentially as late as October 29, 2021, local units of government, such as Potter County, will not yet know standards for medical cannabis and will not be able to adequately assess the licensing and/or registration requirements necessary to approve local licenses or registrations and to better ensure applicants have a more predictable process. 

WHEREAS, the County makes a preliminary finding that the County needs further study of the relationship of medical cannabis establishments to the County’s desire and need to protect the community. The public interest requires that the County study, analyze, and evaluate the impacts of medical cannabis establishments and to fully explore the impacts of any proposed regulations regarding medical cannabis establishments;

WHEREAS, the County makes a preliminary finding that it would be inappropriate for the County to issue a local license or registration to a medical cannabis establishment prior to the South Dakota Department of Health’s promulgation of regulations governing the same;

WHEREAS, the County hereby exercises its authority under SDCL 11-2-10 and SDCL 7-18A-8, to establish a temporary ordinance regarding the issuance of any local licenses/registrations for medical cannabis establishments within the County; 

WHEREAS, a temporary ordinance will ensure that more comprehensive regulations and ordinances for issuing licenses and/or registrations can be completely examined with adequate public input from citizens, business interests, and medical cannabis industry representatives;

WHEREAS, the County finds that a temporary ordinance is reasonable to preserve the status quo and prevent significant investment pending the outcome of the above study and any proposed regulations or ordinances emanating therefrom;

WHEREAS, the County finds that the following ordinance is necessary to protect and immediately preserve the public health, safety, welfare, peace and support of the county government and its existing public institutions; 

NOW, THEREFORE, BE IT ORDAINED BY POTTER COUNTY, SOUTH DAKOTA THAT:

Section 1.  Temporary Ordinance – Application for Local License/Registration

A medical cannabis establishment desiring to operate in the County shall be required to apply for a license and/or registration from the County.  Applications for a local license and/or registration to operate a medical cannabis establishment, as defined by SDCL 34-20G-1, shall not be accepted until the South Dakota Department of Health has promulgated regulations as required by SDCL 30-20G-72.  Any application received prior to such regulations being promulgated shall be denied.

Section 2. Immediate Effect.

This ordinance is necessary to protect and immediately preserve the public health, safety, welfare, peace, and support of the county government and its existing public institutions pursuant to SDCL 11-2-10 and SDCL 7-18A-8.

Dated the 8th day of July, 2021, at Gettysburg, South Dakota.

Jesse Zweber

Chair, Potter County Commission

Attest:

Shawna Shaw

Potter County Auditor

First Reading: June 21, 2021 

Second Reading: July 8th, 2021

Adopted: July 8th, 2021

Publication Date: June 10th, 2021

Effective Date: July 8th, 2021

MINUTES

Moved by Frost, seconded by Everson to approve June 3rd, 9th, 16th, & 21st minutes.  All voted aye.  Motion carried.

LIBRARY – BARB VANDERVORST

EMPLOYMENT

Moved by Hagny, seconded by Frost to hire Beth Hamburger and Connie Pearman at $14.00/per hour for part-time employment.  All voted aye.  Motion carried.  

-Summer reading is in full swing.

-$10,000 Technology grant has been approved by the SD Dept of Education/State Library.  The library will be purchasing a smart white board, smart tv, upgrade the older youth computer, and upgrade the book checkout system.  

-Library board will be holding a reception later this year to thank Holly Wright & Barb Worth for their years of service on the Library Board.  

STATES ATTORNEY CRAIG SMITH

States Attorney Smith, via phone, discussed an older mental health bill $4618.02.  Moved by Everson, seconded by Hagny to pay.  All voted aye.  Motion carried.  Smith by phone.  

States Attorney Smith recommended the approval of the Herick’s Plat.

AMERICAN RESCUE PLAN

Commissioner Tanner & Hagny presented information on meetings attended at SDACC and NECOG.  American Rescue Plan was discussed and how the funds may be spent.  

CLAIMS

Moved by Everson, seconded by Frost to approve the following claims and authorize the Auditor to issue warrants for the same.  All voted aye.  Motion carried. June Payroll COMM 6308.10, AUD 7640.15 TREAS 11,415.21, ST ATTN 9600.20, GEN GOVT 2259.70, DOE 10,624.22, ROD 12,431.92, VA 1055.79, SHERIFF 27,440.46, LIBRARY 9424.72, EXT 3290.81, WEED 142.14, R&B 71,041.89, FEMA 1143.46, SDSRP 4500.00, INVESCO 37.50, ACCOUNTS MANAGEMENT 300.00, GW 31,402.09, SDRS 13,710.32, COLONIAL LIFE 812.50, BCBS 19,994.40, DEARBORN 246.56, AFLAC 2421.36, AMERITAS 269.16, ACTIVE 911 1550.00, GREAT WESTERN 433.19, JOYS GREENHOUSE 119.40, MDU 397.82, MDU 361.71, SDACO 100.00, BEETSCH CONSTRUCTION 473.61, MDU 27.47, CRAIG SMITH 430.00, VERIZON 168.20, VOYAGER 1245.51, BECK MOTORS 38,061.00, 

A & B BUSINESS, INC. 5228.65 , SYNCB/AMAZON 862.25 , AMERICAN PATCHWORK & QUILTING 21.97 , AMERICAN SOLUTIONS 980.42 , AVERA GETTYSBURG HOSPITAL 198.00 , B & R TRUCK REPAIR 1082.95 REPAIRS/MAINT., BUTLER MACHINERY CO. 3253.72 REPAIRS/MAINT., CENTER POINT LARGE PRINT 127.62 , CENTURION TECHNOLOGIES 50.00 , CITY OF GETTYSBURG 1466.74 UTILITIES, CITY OF GETTYSBURG 352.60 , CITY OF HOVEN 67.76 UTILITIES, CITY OF MOBRIDGE 2368.88 , CONNECTING POINT COMPUTER CNTR 1554.95 , CURT HAMBURGER 86.95 , DAKOTA SUNSET MUSEUM 3359.47 , DAKOTA SUPPLY 665.82 SUPPLIES, DEPARTMENT OF REVENUE 108872.79 , DON FROST 945.00 , EXECUTIVE MGMT FINANCE OFFICE 18.27 , GAS N GOODIES 307.88 , GOLDSTAR PRODUCTS INC 429.10 SUPPLIES, GREAT WESTERN TIRE, INC. 523.80 REPAIRS/MAINT., GREAT WESTERN BANK 101.38 , HOVEN COOP SERVICE 64.75 TRAVEL & CONF., HOVEN MEDIA, INC. 465.29 , THE HOVEN REVIEW 37.00 , HUB INTERNATIONAL 1589.00 INSURANCE, HUGHES COUNTY FINANCE OFFICE 1760.00 , KENNEDY PIER LOFTUS & REYNOLDS 465.30 , KONRAD LAW, PROF. L.L.C. 4572.86 , LANGER’S FAMILY FOODS 97.16 , LOISEAU CONSTRUCTION, INC 57693.25 REPAIRS/MAINT., LUCY LEWNO 81.50 , MONTANA DAKOTA UTILITIES 419.80 , MIDAMERICA BOOKS 105.75 , MIDWAY PARTS 186.27 REPAIRS/MAINT., MONTANA DAKOTA UTILITIES 205.10 UTILITIES, NEW CREATIONS 168.61 , NORTHERN IMPROVEMENT CO. 1560.00 REPAIRS/MAINT., POTTER COUNTY TREASURER 289.20 , POTTER COUNTY NEWS 646.86 , POTTER COUNTY NEWS 45.00 , PREMIER EQUIPMENT, LLC 1054.39 REPAIRS/MAINT., LOVE OF QUILTING 49.95 , REDWOOD TOXICOLOGY LAB 115.16 , Running’s Supply, Inc. 29.99 REPAIRS/MAINT., SANDY HAGNY 46.00 , SCHLACHTER LUMBER 113.54 SUPPLIES, SCHLACHTER LUMBER 353.41 , SD FEDRAL PROPERTY AGENCY 350.00 REPAIRS/MAINT., SD PUBLIC HEALTH LABORATORY 165.00 , SDAAO 800.00 , SDACO 110.00 , SDEMA 95.00 , SD STATE HISTORICAL SOCIETY 55.00 , SERVALL 249.38 , SERVALL UNIFORM & LINEN SUPPLY 283.16 SUPPLIES, SEIBRASSE, DAVID 317.35 , CRAIG SMITH 452.20 , STAN’S 1170.15 TRAVEL & CONF., TODD LAW OFFICE PROF. LLC 579.60 , TONYA TANNER 63.54 , TRUE VALUE HARDWARE 190.97 SUPPLIES, VAN DIEST SUPPLY COMPNAY 7695.00 SUPPLIES, VENTURE COMMUNICATIONS IN 165.99 REPAIRS/MAINT., VENTURE COMMUNICATIONS 959.77 , VERIZON WIRELESS 168.20 UTILITIES,

HIGHWAY DEPARTMENT

SUPT. BRAD SALTSMAN

-Supt. Saltsman presented fuel report.

-A letter from CAT was presented to the commissioners on changes in personnel in the Pierre office.

-FAS 155 – work has been completed.

-Hospital road on Garfield Ave – Loiseau Construction will grind during next phase of highway project.

-Mowing – first top cut about completed will do second cut if needed and back slopes later in summer.

-MOWING TRACTORS 

Cost of tractor rental for 2021 tractors $20/hr. Cost for 2022 tractors $15/hr.

Moved by Hagny, seconded by Everson to approve 2022 tractor rental from John Deere at $15/hour.  All voted aye.  Motion carried.

-2002 Diegelman Mower – Saltsman will look into trade-in, surplus or replacing cost for mower. 

-John Deere Mower prices discussed. Trade in 6’ mowers 2014 $1,700. 2017 $2,500. Both for $4,200.

-New 8’ mowers $6,600 each. Both for $13,200. With trade in both for $9,000

-Discussion of side eject mower to get the grass further into ditch.

-Advertisement will be done for a 2022 motor-grader full snow package with V-plow

-7 miles of chip seal is scheduled for FAS 155, Tolstoy Road and Garfield to the city cemetery.  Cost around $26,000/mile.  Discussion of having the Tolstoy Road striped.  

-Discussion of repairs to the airport road.

-Tiger Grant, previously the Community Access Grant, – Brosz Engineering will apply for Potter County.

-Supt Saltsman signed a letter of agreement for soil boring from Mobridge Soil Technologies.  Fee $5,900.00.

-Discussion of blading of roads Lebanon.  An agreement was signed in April of 2020 with the city of Lebanon and Potter County.  

-Discussion of a 4-way stop for the highway construction coming into town.  Supt Saltsman will address at next 212 construction meeting. 

LOADER BIDS

4 bids were presented: $2600 Vaughn Larson, $1200 Jim Lembke, $2000 Wes May, Elaine Storkson $10,001.  Moved by Tanner seconded by Hagny to accept Elaine Storkson’s bid for $10,001.  All voted aye.  Motion carried.  

PROPANE BIDS

 1 bid Hoven Coop $1.41 per gallon for the winter 2021-2022.  Moved in by Frost, seconded by Tanner to accept bid of $1.41 from Hoven Coop. All voted aye.  Motion carried.

WEED SPRAYING BID

1 bid from A.N.S. Weed & Pest Control cost at $75/ hour.  Moved by Frost seconded by Everson to accept bid at $75.00/hour to A.N.S. Weed & Pest Control.  All voted aye.  Motion carried.  

CHEMICAL

Commissioner Hagny & Tanner requested Supt Saltsman to do an inventory of all chemical on hand and to devise a plan on keeping track of chemical being utilized.

HIGHWAY SHOP BIDS

1 bid from Logan Electric bid – $1,729,534.85.  No action taken.

EXECUTIVE SESSION

Moved by Frost seconded by Everson to enter in executive for personnel.  All voted aye.  Motion carried.

Chairman Zweber ordered executive session over.

Moved by Hagny, seconded by Tanner to hire Brent Koops as part-time summer maintenance for motor-grading at $16.50/hour.  All voted aye.  Motion carried.  

EMERGENCY MANAGE

 CHERYL SAUTNER

-Time card was signed by Chairman Zweber

-LEMPG is up to date and running well.

-Burn Ban discussed and will stay on.

EXTENSION OFFICE – JEAN SENYAK 

-County fair August 7-10th, 2021.

-There are 108 members for 4H which also includes leader’s volunteers.

-Pig project has 33 youth involved.

-August 31st State Fair.

-August 4, 11th & September 1st driver’s license will be closed.  Senyak stated driver’s licensing is going well.

DOE – ADAM ROSELAND

-DOE Roseland explained the classification/rating of soil on ag land.  Letter’s will be sent out to land owners with a negative value.  

-Reassessment of Potter County resorts.  Until the end of September hours will be Tuesday through Friday working 10 hours days.  

SHERIFF CURT HAMBURGER 

-Presented the monthly report.

-Deputy Kretchman academy training is in August.

-EXPLORER

Moved by Frost, seconded by Tanner for Dean’s Repair to repair transaxle on Explorer, cost $2500.00.  All voted aye.  Motion carried.  

-County Deputy Agreement was discussed.  Discussion of salary for deputy’s vs hourly wage.

-ARCHIVESOCIAL

Moved by Everson, seconded by Hagny to approve service from Archivesocial for $2,986.00/year.  All voted aye.  Motion carried.

-Discussion of using incinerators during a burn ban.  No use during burn ban.  

-Sheriff’s department will have traffic control on July 10th for the Demolition Derby at the fairgrounds.  

-Mobridge 911 meeting will be set up for July 22nd or 26th.  

OFFICER’S REPORT FOR JUNE 

The Register of Deeds and the Auditor’s Account with the Treasurer were reviewed.  Moved by Everson, seconded by Frost to approve the report. All voted aye.  Motion carried.  

AUDITORS ACCOUNT WITH

THE TREASURER AS OF 6/30/2021

Cash Items $1,731.00

NSF RETURN $1,036.48 

Allison Goebel

 hecks on Hand $85,316.28

Credit/Debit Cards $665.20

Great Western $9,144.59

Plains Commerce

 hecking $13,573.09 

Plains Commerce Fund

 nvestments $800,000.00 

Plains Commerce Bank $4,210,635.65 

TOTAL CASH

BALANCE $5,122,102.29 

Total Assets in Custody of County

 s of 6/30/2021

County Amount $3,317,248.41 

Amounts Held For

 ther Gov $1,526.26 

Amounts Held For

 thers $ 1,803,327.62 

TOTAL ASSETS$            $5,122,102.29 

HERICK’S PLAT

Moved by Hagny, seconded by Tanner to approve the Herick’s Plat.  All voted aye.  Motion carried. & Tanner

PLAT OF

HERICKS SUBDIVISION

IN THE SE1/4 OF SECTION 7-T120N-R75W OF THE 5TH P.M.,  

POTTER COUNTY, SOUTH DAKOTA

APPROVAL BY COUNTY

I HEREBY CERTIFY THAT THE FOLLOWING IS A CORRECT COPY OF THE RESOLUTION DULY PASSED BY THE BOARD OF COMMISSIONERS OF POTTER COUNTY, SOUTH DAKOTA AT A MEETING HELD ON THE 8TH DAY OF JULY, 2021.

“BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONRS OF POTTER COUNTY, SOUTH DAKOTA, THAT THE PLAT SHOWEING; HERICKS SUBDIVISION, IN THE SE1/4 OF SECTION 7-T120N-R75W OF THE 5TH P.M., POTTER COUNTY, SOUTH DAKOTA, HAVING BEEN EXAMINED IS HEREBY APPROVED IN ACCORDANCE WITH THE PROVISIONS OF SDCL 11-3, AND ANY AMENDMENTS THREOF.”

SHAWNA SHAW

COUNTY AUDITOR, POTTER

COUNTY, SOUTH DAKOTA

Special meeting July 20th at 8:00 a.m. to discuss bid on highway building.

ADJOURN

Moved by Frost, seconded by Everson to adjourn. All voted aye.  Motion carried.

JESSE ZWEBER, CHAIRMAN

POTTER COUNTY BOARD

OF COMMISSIONERS

ATTEST: 

SHAWNA SHAW, AUDITOR

Published once at the total approximate cost of $181.13.

-072921

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