On the agenda: Tripp County August 11th — data center (Aug 11)

Tripp County, South Dakota
August 11, 2026
The meeting of the Tripp County Commissioners was called to order by the Chair in the Commissioner
Room at the Court House at Winner on August 11, 2026, at 10:00 A.M. Roll call showed Board
members Cody Jorgensen, Joyce Kartak, Daniel Forgey, Larry Wilcox, and Michael Novotny. Also
present was Auditor Barbara DeSersa, Kristin Assman, ROD and Dan Bechtold, Winner Advocate.
Novotny made the motion, seconded by Forgey, to add Treasurer vacation and fair board resignation and
approve the agenda as amended.
Roll call: All ayes. Motion carried.
Kartak made the motion, seconded by Wilcox, that the minutes of the meeting held on July 31, 2026, be
approved as read.
Roll call: All ayes. Motion carried.
Kartak made the motion, seconded by Novotny, that the claims be approved as follows:
BI-MONTHLY PAYROLL: COMMISSIONERS: $2,408.74; AUDITOR’S OFFICE: $7,142.15;
TREASURER’S OFFICE: $5,801.40; STATES ATTORNEY’S OFFICE: $7,483.50;
COURTHOUSE: $1,720.00; ASSESSOR’S OFFICE: $4,799.53; REGISTER OF DEED’S OFFICE:
$3,857.20; VETERAN’S SERVICE: $534.56; INFORMATION TECHNOLOGIES: $2,090.12;
SHERIFF’S OFFICE: $8,827.09; WELFARE: $753.85; AMBULANCE: $8,818.73; LIBRARY:
$4,672.00; EXTENSION: $4,617.25; WEED: $1,733.85; ROAD & BRIDGE: $24,512.71;
EMERGENCY MANAGEMENT: $500.00; VARIOUS DEDUCTIONS: AFLAC, CONTRIBUTION,
$535.23; AFLAC DENTAL, DENTAL INSURANCE, $353.57; BEAM, CONTRIBUTION, $61.49;
DELTA DENTAL, CONTRIBUTION, $295.65; FIRST FIDELITY BANK, WITHHOLDING,
SOCIAL SECURITY & MEDICARE, $18,781.75; HEALTH EQUITY; HSA HEALTH INSURANCE,
$4,600.00; LEGAL SHIELD, CONTRIBUTION, $12.95; OPTILEGRA, CONTRIBUTION, $251.61;
THE HEALTH POOL OF SD, INSURANCE, $2,366.01; SD RETIREMENT SYSTEM,
CONTRIBUTION, $10,616.14; GENERAL DEDUCTIONS: AAA, GARNISHMENTS, $1,441.54;
COLLECTION SERVICES CENTER, CHILD SUPPORT, $226.16; COLONIAL LIFE,
CONTRIBUTION, $1,289.96; DIVISON OF CHILD SUPPORT, CHILD SUPPORT; $45.00; GLOBE
LIFE, INSURANCE, $80.06.; SD SUPPLEMENTAL RETIREMENT, DEDUCTIONS, $742.43.
COMMISSIONERS: FIRST BANK AND TRUST, ADVERTISE HWY, $1,188.00; JOYCE KARTAK,
REIMB MIELEAGE, $121.80; OFFICE PRODUCTS CENTER, SUPPLIES/SERV CONTRACT,
$841.06; ALTERNATIVE HRD,LLC, HR SUPPORT, $618.75; ELECTION: ES&S, RUNOFF
BALLOTS/CODING; $811.42; FIRST BANK & TRUST, ELECTION, $161.94; AUDITOR: BARB
DESERSA, SUPPLIES, $35.05; OFFICE PRODUCTS CENTER, SUPPLIES/SERV CONT, $271.20;
AMAZON CAPITOL SERVICES, SUPPLIES, $9.49; TREASURER: OFFICE PRODUCTS CENTER,
COPIER, $78.35; STATES ATTORNEY: OFFICE PRODUCTS CENTER, SUPPLIES/COPIES,
$379.89; COUNTY BUILDING MAINT: APPEARA, SUPPLIES, $195.31; OFFICE PRODUCTS
CENTER, PRINTER INK, $162.12; RUNNINGS, SUPPLIES, $319.22; WINNER MUNICIPAL
UTILITIES, UTILITIES, $1,822.74; AMAZON CAPITOL SERVICES, SUPPLIES, $311.62;
DIRECTOR OF EQUALIZATION:OFFICE PRODUCTS CENTER, SVC AGMT, $35.00; GUS STOP,
FUEL, $85.03; REGISTER OF DEED’S: MICROFILM IMAGING SYSTEMS, SCAN RENTAL,
$125.00; INFORMATION TECHNOLOGIES: FIRST BANK AND TRUST, ADOBE/DATA
STORAGE, $754.83; GOLDEN WEST TELE, PHONE/INTERNET C.H., $1,283.38; AMAZON
CAPITOL SERVICES, COMPUTER MONITOR AUD, $136.19; PITNEY BOWES BANK INC,
POSTAGE REFILL, $401.00; WORKPLACE BY DIRECT, CYBERSECURITY C.H., $3,898.76;
SHERIFF: DAN MCMURTERY, LYMAN CO MAN HUNT, $317.00; FIRST BANK AND TRUST,
SUPPLIES/PROF FEE, $429.86; GOLDEN WEST TELE, PHONE/INTERNET, $216.81; OFFICE
PRODUCTS CENTER, SERV CONTRACT, $35.00; SD DEPT OF HEALTH, BLOOD DRAWS,
$300.00; WINNER LASER WASH, CAR WASH, $84.00; JAIL: CITY OF WINNER, INMATE
ROOM/BOARD CT HOLDS, $14,058.00; THE WINNER PHARMACY, INMATE MEDS, $52.85;
CORRECTIONAL RISK SERVICES, INMATE INS, $303.80; AMBULANCE: FRONTIER MOTORS
FORD, REPAIRS, $4,691.67; FIRST BANK AND TRUST, SUPPLIES, $704.66; HARRY K NAPA,
SUPPLIES, $60.48; WINNER TRUE VALUE, SUPPLIES, $84.72; AMAZON CAPITOL SERVICES,
INK SUPPLIES, $420.00; COUNTY FAIR, SUPPLIES, $52.92; DAKOTA SENIOR MEALS: ROCS,
ADDITIONAL 2026 ALLOCATION, $1,900.00; MENTALLY HANDICAPPED: STATE
TREASURER, PT CARE, $60.00; DRUG ABUSE: MAIN GATE COUNSELING. 2026
ALLOCATION, $5,000.00; MENTAL ILLNESS: LINCOLN COUNTY TREASURER, EVAL
PAPERS SERVED, $382.53; LIBRARY: GOLDEN WEST TELE, PHONE/INTERNET, $164.19;
OFFICE PRODUCTS CENTER, SERV CONTRACT, $81.09; WINNER MUNICIPAL UTILITIES,
UTILITIES, $605.46; FIRST BANK AND TRUST, SUPPLIES, $1,405.34; EXTENSION: OFFICE
PRODUCTS CENTER, COPIES, $302.96; RUNNINGS, SUPPLIES, $46.14; AMAZON CAPITOL
SERVICES, SUPPLIES, $273.08; WEED: WINNER MUNICIPAL UTILITIES, UTILITIES, $40.26;
ROAD & BRIDGE: APPEARA, SUPPLIES, $165.37; ALL IN ONE SHOP, PARTS, $136.90;
ATTEBERRY CONSTRUCTION INC, HANSEN PIT, $13,328.00; BUTLER MACHINERY INC,
PARTS, $341.96; CHS, INC, FUEL, $25,662.88; FRONTIER MOTORS FORD, WINDSHIELD,
$449.28; FRONTIER MOTORS INC, REPAIRS, $141.82; HUGHES BROS 2, TIRE REPAIR, $29.00;

JASON’S PLUMBING AND MORE, REPAIR RESTROOM, $418.47; TAMMY THOMPSON,
INPUT, $800.00; RUNNINGS, SUPPLIES/PARTS, $728.27; TRIPP CO WATER USER DISTRICT,
CLEARFIELD SHOP, $45.10; TRUE NORTH STEEL, CULVERTS, $22.598.40; WARNE
CHEMICAL & EQUIP, PARTS, $43.45; BURKE BUILDING CENTER INC, CULVERTS/RENTAL,
$8,366.14; COMMERCIAL INDUSTRIAL SUPPLY, PARTS, $5,187.33; STEVE ATTEBERRY,
CULVERT WORK, $91.50; 9-1-1: CITY OF WINNER, 911 ANNUAL FEE/JUNE, $16,224.76;
EMERGENCY MGMT: FIRST BANK AND TRUST, PROF FEES/SUPPLIES, $209.57; NONDEPARTMENTAL: SDACO, JULY M&P COLLECTIONS, $168.00.
Roll call: All ayes. Motion carried.
No conflict of interest was reported.
Ruth Galbraith voiced concerns and asked Jorgensen if he was a part of Jorgensen Land and Cattle as he
would have a direct conflict of interest with the zoning concerns. Discussion was held and Jorgensen
will run the meeting, but he will abstain from voting on the Temporary Zoning Ordinance.
Kristin Assman, ROD, came during public comment to ask permission to attend the SDACES Workshop
held by Tyler Technologies in Chamberlain, SD on August 20, 2026. Kartak made the motion, seconded
by Wilcox, to authorize the necessary expenses for Kristin Assman, ROD, to attend the SDACES
Workshop in Chamberlain, SD on August 20, 2026.
Roll call: All ayes. Motion carried.
Tom and Marie Grieves, Pete Hoogendoorn, Shawna Kaiser, Megan EisenVos, Jeff Holzer, Kevin and
Cindy Peters, Angela Leiferman, Jo Lynn Grieves, Ruth Galbraith, John Harter and Howard Smith
appeared for public comments.
Jo Lynn Grieves spoke to the commissioners about the 10,000-unit sow confinement coming to Tripp
County. The concerned citizens are not against Ag; they would like a motion that Tripp County
temporarily pause or regulate certain types of new development while the county studies the potential
impacts. Others spoke of their concerns about the water, air, housing, employees, and the dust with
truck traffic on the township road.
Shawna Kaiser is concerned that zoning will affect the existing rural businesses.
At 10:15 A.M. public comment ended.
Duane Wetzel, Weed Supervisor, came to the meeting to discuss the 2027 budget.
Misti Burns, Librarian, came to the meeting to discuss the 2027 budget.
Kim Nagel, Welfare Director, came to the meeting to ask permission to attend the Welfare workshop
September 16-17 in Sioux Falls. Forgey made the motion, seconded by Novotny, to authorize the
necessary expenses for Kim Nagel, Welfare Director, to attend the Welfare workshop September 16-17
in Sioux Falls.
Roll call: All ayes. Motion carried.
Nagel asked for executive session.
At 10:41 A.M. Novotny made the motion, seconded by Kartak, to enter into Executive session to discuss
a personnel issue pursuant to SDCL 1-25-2 (1).
Roll call: All ayes. Motion carried.
The Auditor, Barbara DeSersa, and Dan Bechtold, Winner Advocate, left during executive session.
At 10:46 A.M. Chairman Jorgensen declared returning to regular session and no action was taken.
Zachary Pahlke, States Attorney, came to the meeting to discuss the 2027 budget.
Melanie Levi, I.T., came to the meeting to discuss the 2027 budget.
Tom Stevens and Tony Coffman, Interim Chairman for the senior citizen center, came to the meeting to
discuss the Winner Senior Citizens Centers 2027 budget, requesting $6,000.00.
At 10:55 A.M. the Public Hearing on the Special Liquor License Hearing was held as advertised. No
one appeared to protest. Kartak made the motion, seconded by Forgey, to issue the Special Liquor
License as follows: Special License effective August 15, 2026: Corner Brew, LLC, 245 S Main Street,
Winner SD – Robbins Retreats, W ½ NW ¼ SW ¼ less Lot H-1 28-100-78 (27264 SD-44, Witten, SD).
Roll call: All ayes. Motion carried.
Kathie Cole, Ambulance, and Paul Schueth came to the meeting to discuss purchasing a remount on an
ambulance. They have a quote from Rocky Mountain Emergency Vehicles on a remount for
$205,448.00 plus the Stryker Power load system and Pro stretcher in the amount of $69,482.00. Schueth
explained if we commit now, it will not be available until the end of 2027 or beginning of 2028.
Forgey made the motion, seconded by Katak, to commit to the purchase of a remounted ambulance.
Roll call: All ayes. Motion carried.

Kevin Osborne, Interim Highway Superintendent, and Heather Wortman, Administrative Assistant,
came to the meeting to give their report. The crew is working on rebuilding Gassman East; started the
second round of mowing; pulling shoulders on Project 6388; culverts delivered to Project 6139 North;
Project 21 is almost completed, and blade training will be August 26.
Osborne brought a proposal for a lighting project at the highway shop from H&O Electric & Sheetmetal,
Inc. in the amount of $10,835.17. Novotny made a motion, seconded by Wilcox, to give the chairman
permission to sign the work proposal in the amount of $10,835.17.
Roll call: All ayes. Motion carried.
Golden West Telecommunications would like the chairman to sign 2 Applications for Occupancy on the
right of way, first on County Highway 289th St for Project 62261, second on County Highway 329th St
for Project 62047. Forgey made the motion, seconded by Wilcox, to give the chairman permission to
sign the applications.
Roll call: All ayes. Motion carried.
Discussion was held on the Connelly Pit. Lee B. Connelly withdrew the proposal to increase the gravel
royalties on the Connelly pit. The county will continue to utilize the Connelly Pit.
Forgey made the motion, seconded by Novotny, to accept the resignation of Fairboard member Rusty
Heenan.
Roll call: All ayes. Motion carried.
Forgey made the motion, seconded by Novotny, to appoint Ross DeMers to the Fairboard to finish Rusty
Heenan’s term until January 2028.
Roll call: All ayes. Motion carried.
The Register of Deed’s Statement of Fees collected during the month of July 2026 showed $5,947.50
The Auditor’s Account with the Treasurer was presented for the approval of the Board as follows:
To the Honorable Board of County Commissioners Tripp County:
I hereby submit the following report of my examination of the cash and cash items in the hands
of the County Treasurer of this County as of July 31, 2026.
Total amount of deposits in banks
$6,075,831.08
Total amount of actual cash
2,001.87
Total amount of checks and drafts in Treasurer’s
possession not exceeding three days
39,559.35
Itemized list of all items, checks and drafts which
have been in the Treasurer’s possession over three days
Credit Card
3,144.09
Postage, Freight, Exp.
Co. License &Title
____ ______
TOTAL
$6,120,536.39
Dated this 3rd day of August 2026
County Auditor, Tripp Co.
Forgey made the motion, seconded by Kartak, that the Auditor’s Account with the Treasurer be
approved as presented.
Roll call: All ayes. Motion carried.
Zach Pahlke, States Attorney, joined the meeting.
At 11:50 A.M. Forgey made the motion, seconded by Novotny, to enter into Executive session to
discuss a legal issue pursuant to SDCL 1-25-2 (3).
Roll call: All ayes. Motion carried.
Barbara DeSersa, Auditor, left the meeting and Dan Bechtold, Winner Advocate, left for the Community
Room.
At 11:55 A.M. Chairman Jorgensen declared returning to regular session.
Novotny made the motion, seconded by Wilcox, to reject the Initiated Petition proposing a five-year
moratorium on data centers and decline to submit said measure to a vote of the electors, based upon the
following findings:
1. Violation of SDCL 11-2-10: The proposed five-year moratorium directly violates SDCL 11-210, which explicitly limits temporary emergency zoning controls and moratoriums to a
maximum of one year, renewable for no more than one additional year (two years total).
2. Inapplicability of General Initiative to Zoning: Under controlling South Dakota Supreme Court
precedent in Schafer v. Deuel County Board of Commissioners (2006 SD 106), specific zoning
statutes under SDCL Chapter 11-2 take a precedence over general county initiative laws (SDCL
7-18A-13). Zoning controls require strict compliance with statutory dues process, notice, and
hearing requirements and cannot be established through general initiative measures.

3. Measure Beyond County Power: Under Heine Farms v. Yankton County (2002 SD 88), the
initiative process cannot be used to enact an ordinance that the Board of County Commissioners
itself lacks the legal authority to adopt. Because the Board lacks authority to enact a five-year
moratorium or circumvent SDCL Chapter 11-2, the initiated measure is invalid on its face.
Furthermore, the County Auditor be instructed to enter these specific legal findings into the official
board minutes and transmit a copy of this motion to the primary petition sponsors.
Roll call: All ayes. Motion carried.
At 12:00 P.M. Novotny made the motion, seconded by Forgey, to move the commissioner meeting to
the community room.
Roll call: All ayes. Motion carried.
The commissioner meeting resumed in the community room. In attendance were the Tripp County
Commissioners Cody Jorgensen, Joyce Kartak, Dan Forgey, Larry Wilcox, and Mike Novotny. Also
present were Barbara DeSersa, Auditor, Zach Pahlke, States Attorney, Dan Bechtold, Winner Advocate
and approximately 75 citizens either for or against the 10,000-unit sow confinement coming to Tripp
County.
Ruth Galbraith stated she would like this to be a fact-finding informational meeting, and the committee
members would like to discuss a few things they have experienced with large hog confinement
operations.
Howard Smith spoke about the process of re-applying manure into pastures and his concerns about the
soil and water qualities. Smith worked on an operation of this scale and the process wasn’t leak proof.
The smell of manure will be on all the roads used by the machinery.
Nancy Hoogendoorn spoke about the cost vs. budget. This will be burden on the county’s highway
maintenance. If there is no zoning in place the county will not receive any excise tax as it will all go to
the State of SD. Hoogendoorn would like the temporary zoning ordinance implemented to give them
vital time to study the impact this would have on the county.
Angela Leiferman stressed with SDCL 11-2-10, Temporary Zoning Ordinance will protect the counties
resources. It can be set and tailored for as much or as little as you want.
Joel Keierleber explained the duties of this committee and what they are hoping to accomplish.
John Harter spoke about the duties of the commissioners. Harter has concerns that these large
commercial confinement operations will push the independent farmer out of business.
Ruth Galbraith spoke about the health risks these large hog confinements can bring to the county and
Ann Rose would like to see everyone work together.
Lisa Steele, Tripp County Water User District Manager, spoke about the water application made by
Pipestone Management in February. It was tabled as it was not feasible for the district to provide that
amount of water with its existing infrastructure. Later a 1-inch line was approved.
Jay Myers spoke against zoning as it will bring jobs to the area.
Shawna Kaiser said the zoning would affect all businesses in Tripp County. Kaiser asked what other
options are available besides zoning.
Discussion was held by everyone.
Wilcox made the motion to implement a Temporary Zoning Ordinance tailored to Large Livestock
Confinement Facilities, Data Centers and Wind Turbines.
Motion failed due to the lack of a second.
At 1:30 P.M. Wilcox made a motion, seconded by Kartak, to resume the regular commissioner meeting
in the commissioner’s room.
Roll call: All ayes. Motion carried.
Forgey made the motion, seconded by Novotny, to approve the 2027 Provisional Budget with possible
changes being made for the final adoption at the September 22 meeting.
Roll call: All ayes. Motion carried.
At 1:45 P.M. Forgey made the motion to adjourn until August 25, 2026, at 10:00 A.M., seconded by
Novotny.
Roll call: All ayes. Meeting adjourned.
_________________________
Chairman, Cody Jorgensen

ATTEST:
_______________________
County Auditor