By Gary Dickson garydickson@siouxlandobserver.com

Things got a little heated at the Union County Board of Commissioners’ regular meeting on Tuesday, Oct 31. County resident Don Larsen had a beef about trees that were removed from his property in northern Union County. There was also the ongoing saga of the Dune Budz folks wanting to remove the cannabis cultivation license of Dakota Health & Wellness LLC.

But before that could be sorted out, there was regular business to take care of. Commissioners Rich Headid, Keven Joffer and Tom Kimmel carried on in the absence of Milton Ustad and Michael Dailey.

First, the commissioners had to approve County Auditor Jackie Sieverding and Deputy Auditor Traci Torrez traveling to Pierre on November 7th and 8th for election training.

Next, the commissioners voted to renew the following liquor license applications:

• Two Rivers Inc. – retail (on-sale) liquor & Sunday sale;
• Dakota Dunes Country Club, Inc. –
  retail (on-sale) liquor & Sunday sale;
• Dakota Dunes Country Club, Inc. –
  retail (on-sale) liquor & Sunday sale;
• DDH, LLC- retail (on sale) liquor and Sunday sales;
• H & H Enterprises- retail wine and cider
  and Package (off-sale) liquor;
• Cubby’s Inc.- retail wine and cider and Package (off-sale) liquor;
• Israel Padilla dba Trattoria, LLC–retail (on-sale).

Joffer then made a motion, which was seconded by Kimmel to accept the bid for the Union County Communications Tower and Generator Relocation project at $337,712.37. The motion carried on a vote of 3-0.

The commissioners scrutinized and paid numerous warrants and claims. For a complete list of the claims, readers are encouraged to view them on the Union County Commissioners website under “Unapproved Minutes for Oct. 31, 2023”. However, here is a list of selected claims the commissioners paid and their amounts:

• Union County Courthouse Payroll for 10/31/23 – $151,788.78
• States Attorney – $27,932.77
• Care of Poor – $862.88
• Jail – $19,467.84
• Dakota Dunes North Sioux City Times (Pub) – $396.49
• Fremont Tire/T&W Tire (Supp) – $1,274.20
• Home Builders Association (Dues) – $400
• Leader-Courier (Pub) – $396.49
• Minnehaha County Regional (Housing) – $9,454.38
• Ramkota Hotel, Pierre (Conference) – $656.00
• Thomson Reuters – West (Maint) – $684.35
• Ulteig Engineers, Inc. (fees) – $5,132.00
• Vermillion Ford (F-350) – $52,979.00

The Case of the Removed Trees

After a short break to sample some Halloween treats and to recognize courthouse employees for their service, the commissioners returned to the board room along with County Highway Superintendent Jerry Buum to deal with the sticky business of Don Larson’s tree removal issue.

Larson, who lives on the northeast corner of 471st Ave. and 302nd St. – about five miles south of Beresford – is that he said he asked the county to trim his trees in the right of way along 302nd St., and instead, the county removed them.

“I got a call one day from someone at the county and I talked to them about trimming my trees there,” Larsen said. “They said they had a crew that would trim ’em. I went up to my lake cabin in Minnesota, and when I came back, I found they weren’t trimmed. They were removed! Cut down!”

Buum said he was the one from the county who talked to Larsen about the trees.

“I talked to you and you didn’t say anything about trimming those trees, just removing them,” Buum said.

“You’re lying,” Larson said, his voice rising. Cause I did,” exclaimed Larsen, standing up and staring at Buum.

“No, you didn’t,” responded Buum.

“Then you’re lying!” shouted Larsen, stomping his cane on the floor for emphasis.

Larsen told Buum and the commissioners he was going to talk to his lawyer again and that the next step was to sue the county. Commissioner Headid asked him to look at something and to show that to his attorney. Headed then asked Larsen to approach him and he’d point it out on Larsen’s cellphone.

“This is a law that might apply to this issue,” Headid told Larsen. “I’d like you to go back and have your attorney go back and look up that law we’re looking at.”

“They said they’d trim the trees down,” Larsen said. Instead, they cut them way down. We had an agreement. I’ll see you in court! He lied.”

Commissioner Joffer stepped into the discussion, saying, “I’ve known Jerry Buum for a long time, and he’d have no reason to lie.”

“Well, I’m going back to have a visit with my attorney,” Larson responded. “Then we’ll see you all in court.” And then he walked out of the room.

The Commissioners then went into executive session for a little less than a half hour to discuss a separate legal matter. When they returned, there was the continuing matter of cannabis . . . and a license. The issue first surfaced at the Sept. 5 commissioners’ meeting. At that time, the petition was given to the county attorney to read and then consult with the commissioners.

Medical cannabis foes battle

According to published minutes of the Oct. 17th commissioners’ meeting, Trinette LaFleur with Dune Budz presented the commissioners with a petition again to revoke the medical cannabis license held by Dakota Health & Wellness LLC. Also, according to the minutes, a discussion took place. Chadd Goosmann, one of the principal owners of Dakota Health & Wellness LLC joined the discussion later. Apparently, both parties were told by the commissioners that they would both need to talk to legal counsel first.

In the Oct. 31 meeting, LaFleur reiterated that her group, Dune Budz, wanted the commissioners to revoke Dakota Health & Wellness’ cannabis license. They are listed under the SD Department of Health as a certified establishment for cultivating medical cannabis.

Whether or not they are currently licensed is the argument, according to Chadd Goosmann, who attended the meeting with business co-owner Dan Lederman. “We’re not licensed, we’ve only applied for a license,” said Goosman. “We’re building a facility. We’re building roads and infrastructure. They keep wanting our license, but we don’t have a license, yet.”

LaFleur again asked the commissioners to consider her group’s petition to revoke whatever authorization that Goosmann and Lederman had.

Goosmann interrupted LaFleur’s argument. “Look, my question is there isn’t any license number on the paperwork.”

County Auditor Sieverding appeared somewhat annoyed with Goosmann’s question, saying, “We have your application, and we’ve renewed your certification for another year.”

Headid said, “Look, we aren’t going to take any action on this matter without the other commissioners here. We’ll revisit it in November. In the meantime, I suggest both parties get together with your attorneys before you come back here. We’ll take it into consideration at our next meeting.”

So, who are these two groups?

Dune Budz, LLC was registered under the South Dakota Secretary of State on Feb. 22, 2022 as a South Dakota Domestic LLC. According to state records, the Registered Agent on file for this company is Sabrina L. (LaFleur) Sayler and is located at 711 Sioux Point Road Ste 200, Dakota Dunes, SD 57049. The company’s principal address is 633 W Log Cabin Ln, Dakota Dunes, SD 57049 and its mailing address is 633 W Log Cabin Ln, Dakota Dunes, SD 57049.

Sabrina LaFleur-Sayler is an attorney specializing in family law and litigation. She is a partner in the Crary-Huff Law Firm in their Dakota Dunes offices. Her sister is Trinette LaFleur, also a lawyer. She is an attorney with Cutler Law Firm in Sioux Falls.

Dakota Health & Wellness LLC is a South Dakota Domestic LLC registered under the South Dakota Secretary of State on Sept. 2, 2021. The Registered Agent on file for this company is Dan Lederman and is located at # 4 Northshore Drive, North Sioux City, SD 57049-5704. The company’s principal address is #4 Northshore Drive, North Sioux City, SD 57049 and its mailing address is #4 Northshore Drive, North Sioux City, SD 57049. Another principal is Chadd Goosman.

Since the late 1990s, Lederman has been a partner in the family-owned Lederman Bail Bonds business, founded by his father. Lederman serves as a Senior Advisor to the Des Moines, IA-based LS2 Group, working in grassroots organizing, media relations, political event planning, and social media for the organization. He is a former member of the South Dakota Legislature, serving in both the Senate and House of Representatives. Lederman is also the former chair of the South Dakota Republican Party. He currently serves as chairman of the Union County GOP.

A medical cannabis establishment lottery to set the certified order of applicants for manufacturing, cultivation and dispensary of medical cannabis in North Sioux City. The lottery was held April 20, 2022. Two applicants and four alternates were named for manufacturing. Two applicants and five alternates were named for cultivation. Four applicants and 10 alternates were certified for the dispensary.

Dakota Health & Wellness LLC was certified as one of two applicants for cultivation. They were also drawn as the first alternates in both manufacturing and dispensary. Dune Budz, LLC did not participate in the lottery as it was not registered with the Secretary of State until two days after the lottery was held.

Moving on, the commissioners heard from Sheriff Dan Limoges, Chief Deputy Jim Prouty and Sheriff’s Office Administrator Renee Irwin about the Unified Judicial System Grant that has been applied for to fund improvements in county courtroom security. Sheriff Lomoges informed the board that the county had been approved for a grant of $89,889.00. That amount is to be matched by the State of South Dakota and Union County. The state will pick up 75 percent and Union County will pay 25 percent of the match.

According to Chief Deputy Prouty, the funds will pay for improvements in security cameras between the jail and the courtrooms. “Renee did a lot of work getting the paperwork put together for the grant. Next, we will likely be able to make additions to the grant or get another grant next year,” Prouty said, “where we can add even more improvements, like enhanced panic buttons, more cameras, etc. We’ll check with the state about what we can add.”

There is a Courtroom Security Committee that has been formed to oversee the grant and courtroom security issues. It is chaired by Judge Kasey Sorensen of Yankton. Serving on the committee with Judge Sorensen are Commissioner Headid, Sheriff Limoges, Building and Grounds Supervisor Scott Sexton and Emergency Manager Jason Wescott. A couple more individuals may be appointed to the committee by the judge, said Prouty.

SECOG Shows county’s ROI of dues

The last item on the County Commissioners’ agenda Tuesday was a presentation by the South East Council of Governments or SECOG. SECOG operates under a joint cooperative agreement between Clay, Lincoln, McCook, Minnehaha, Turner and Union Counties and the cities of Brandon, Harrisburg, Sioux Falls, Tea and Vermillion. Forty communities and six counties pay dues to belong to SECOG. According to the presentation, membership in SECOG is voluntary and the organization does not have any taxing authority.

In 2022, Union County paid dues of $29,175 to be a member of SECOG. The county secured $32,176,950 in infrastructure grants/loans through SECOG. According to SECOG, the return on grants/loans invested per $1 invested by Union County was $1,102.88.

SECOG presenters, Lynne Keller Forbes, Harley Ferguson and Levi Jayom explained to the commissioners how their organization helps members in the preparation of land-use regulatory tools such as comprehensive plans with GIS maps, zoning ordinances, municipal ordinances and subdivision ordinances. They pointed out that in 2018 SECOG provided zoning regulation assistance to Alcester, Beresford and North Sioux City. In 2021, the organization assisted the City of Elk Point and Union County with their Comprehensive Plans. Also in 2021, Union County and the communities of Beresford, Elk Point and North Sioux City received assistance from SECOG with census redistricting.

Lastly, Union County and Elk Point have received land use technical assistance in 2022-23 from SECOG. This help came in the form of assistance with zoning regulations, municipal ordinances and comprehensive plans. Elk Point used the technical assistance for an annexation that was completed on June 28, 2023. Union County has had assistance with an ongoing annexation study this year. The county also adopted current and future land use maps that SECOG provided. SECOG also helped develop an update to the five-year transportation plan that the county adopted.

The SECOG presenters described the pre-disaster mitigation plans that they assist emergency managers in the member counties prepare. They also help the county emergency managers apply for five-year Hazard Mitigation Grant funding. These plans will be adopted in 2024, SECOG said.

SECOG also has a financing arm called the South Eastern Development Foundation (SEDF) that provides financing to new and expanding businesses. “The foundation was formed in 2002,” Forbes said. “Since then, $48.7 million in loans has been awarded as of September 28, 2023. We’ve levereged an additional $269.6 million for a total impact of approximately $318.4 million.”

Three businesses in Beresford were able to take advantage of SEDF loans. They include Fiesta Foods – $161,200; Beresford Vet Clinic – $221,308; and Beresford Family Chiropractic – 61,452.50 for a total of $443,960.50. In Jefferson, Jefferson Beer Supply received an SEDF loan for $153,750.

Other programs such as affordable housing and Dakota Business Financing were reviewed for the commissioners, making sure they were aware of the county’s return on its investment in SECOG each year.

With that, the commissioners decided it was time to adjourn their meeting. The next Union County Commission meeting will be Nov. 14.

CORRECTION: An earlier version of this story incorrectly stated Jeana Goosman was one of the principals in Dakota Health & Wellness. Jeana Goosman was listed in the document filed with the South Dakota Secretary of State’s office as the agent for Dakota Health & Wellness. Being an agent for the company does not mean they are a principal or owner. The Observer regrets the error.

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