LAWRENCE COUNTY COMMISSIONERS MEETING – January 4 ...

(Weisenberg-Sleep) to follow the recommendation of the Airport Board and Rod Senn, KLJ andapprove the Agreement for Services with Terraconn Consultants for Professional Services. MotionCarried. Aye-4, Absent Johnson.STATE AGREEMENTS: Moved-Seconded (Flanagan-Weisenberg) to approve and authorize theChairman to sign the State of South Dakota DOT Division of Finance & Management Grant AwardAgency Agreements 3-46-0065-017-2010 & 3-36-0065-18-2010. Motion Carried. Aye-4, AbsentJohnson.Moved-Seconded (Weisenberg-Sleep) to approve and authorize the Chairman to sign theConstruction Contract Agreement with Johner & Sons (EKE), upon Outka reviewing the documentsand bonds. Aye-4, Absent Johnson.TEMPORARY ALCOHOL LICENSES: Daryl Johnson was available on the conference phone.The Board reviewed the following Planning and Zoning’s recommendation on the temporaryalcohol license for a fund raising event. “The Board recommended even though they may not all bein favor of issuance, if the Commission approved issuing these licenses, they should be tied to aTemporary Use Permit, located on commercially zoned property only, and only applicants withnon-profit status be considered.”The Board discussed SDCL 35-4-124 and the affects it could have on the County and other liquorlicense holders. Moved-Seconded (Sleep-Weisenberg) “Not” to pursue issuing Temporary AlcoholLicenses at this time in Lawrence County. Motion Carried. Aye-5.NEW WORLD COMPUTER SOFTWARE AGREEMENT: Moved-Seconded (Weisenberg-Flanagan) to approve and authorize the Vice-Chairman to sign the New World Computer SoftwareMaintenance Agreement. Motion Carried. Aye-4, Absent Johnson.COURT APPOINTED ATTORNEY CHARGES: Daryl Johnson was available on conferencephone. 10:53 a.m. Moved-Seconded (Weisenberg-Sleep) to go into executive session to discusslegal issues with Bruce Outka, County Attorney. Motion Carried. 11:13 a.m. the Board opened forregular business. The Board discussed the letter received from Judge Eckridge directing the Boardto pay the court-appointed attorney bills for Piper. “The Court understands your position withrespect to court-appointed attorney fees. Nevertheless we are a nation founded upon and governedby the rule of law. The laws of South Dakota and of the United States with respect to this issue areclear and absolute. In our country our leaders cannot and must not actively ignore or reject ourconstitutions and statues. In fact, all of you before you took office solemnly swore an oath to“support the Constitution of the United States and the Constitution of the State of South Dakota…”Public service sometimes requires unpopular decisions. The Court is not asking you to personallylike the decision or even to agree with it. The Court is simply asking you to do your sworn duty.”Ewing stated he is a firm believer of the Constitution and Bill of Rights but he is sure when ourforefathers were drawing up the rules we live by today they probably didn’t anticipate an individualthat admitted guilt, was sentenced, and is now using the appeal system. Ewing stated he feels theappeal process is for someone who is innocent, not for someone who has admitted guilt. Ewingstated he thinks the public defender’s office could be used and would result in measurable savingsto the taxpayers of Lawrence County.