PENNINGTON COUNTY BOARD OF COMMISSIONERS MINUTES November 6, 2007 A meeting of the Pennington County Board of Commissioners was held on Tuesday, November 6, 2007, in the Commissioners' meeting room of the Pennington County Courthouse. Chairperson Jim Kjerstad called the meeting to order at 9:00 a.m. with the following Commissioners present: Gale Holbrook, Ethan Schmidt, Nancy Trautman and Brenda Young. REVIEW AND APPROVE AGENDA MOVED by Young and seconded by Holbrook to approve the agenda with the following additions/changes: add an Executive Session for Contractual Matters after Planning & Zoning; Add Library Contract Discussion under Items from the Administrative Assistant. Vote: Unanimous. REVIEW MINUTES A. MINUTES OF OCTOBER 23, 2007: MOVED by Schmidt and seconded by Young to approve the minutes of the October 23, 2007, Board of Commissioners' meeting. Vote: Unanimous. B. MINUTES OF OCTOBER 30, 2007: MOVED by Holbrook and seconded by Trautman to approve the minutes of the October 30, 2007, special Board of Commissioners’ meeting. Vote: Unanimous. C. CORRECTION TO MINUTES – OCTOBER 2, 2007: MOVED by Schmidt and seconded by Holbrook to correct the motion in the October 2, 2007, Board of Commissioner’s meeting to read as follows: “MOVED by Holbrook and seconded by Young to approve the expenditure of up to $10,000 for the Cost of County Services Study out of the professional services line item from the 2008 Board of Commissioner’s budget.” Vote: Unanimous. ITEMS FROM THE PUBLIC A. COMMUNITY HEALTH NURSE FUNDING: MOVED by Schmidt and seconded by Trautman to add Reconsideration of Community Healthcare Funding to the November 13, 2007, meeting. Substitute motion: MOVED by Young and seconded by Schmidt to add an item to the November 13, 2007, agenda to discuss Community Health Nurses. Vote: The motion carried 3- 2 with Kjerstad and Holbrook voting no. CONSTABLE REAPPOINTMENT – VERN F. BAUER MOVED by Holbrook and seconded by Young to reappoint Vern Bauer to the position of Pennington County Constable for Legislative District 35 for a two-year term commencing on November 21, 2007, and ending on November 20, 2009, unless sooner removed by official action of the governing body. Vote: Unanimous. LIEN RELEASE REQUEST (AJ) No action was taken at this time. ITEMS FROM THE AUDITOR A. CANCELLATION OF OUTSTANDING CHECKS: MOVED by Schmidt and seconded by Trautman to authorize the Pennington County Auditor to cancel to following outstanding checks and remit $4371.12 to the South Dakota State Auditor as unclaimed property. Vote: Unanimous. Check #38436, Goetz, Martin, 5.50; #38494, Meier, Allison, 16.40; #38535, Sauvage, Michelle, 13.20; #38541, Skiff, Ryan, 16.40; #38552, Swan, George, 19.60; #38672, Raastad, Jackqueline, 11.90; #38697, Willinger, Cory, 13.05; #38705, Lefholz, Rodney, 10.00; #38746, Galbraith, Robert, 10.00; #39239, Starkey, Duane, 20.00; #39316, Demers, Donald, 20.08; #39398, Group 9 Abstract Inc, 24.00; #39400, Legal Support Services II, 34.00; #39430, Raibolt, Joe, 2.50; #39447, Wehr, William, 25.00; #39493, Nooney, Thomas, 14.00; #39537, Evans, Linden, 2.00; #39548, Littler, Kamara, 10.95; #39565, Schaller, Margie, 4.90; #39890, Darrow, Leslie, 2.00; #39904, James Valentine LLC, 2.10; #39912, Martin, Donald, 2.59; #39936, Walton, Irma, 22.42; #39967, Beach, Michael, 1.52; #40294, Ledeaux, Lucie, 20.00; #40579, Martin, Joel, 4.18; #40628, Wells Fargo Bank NA, 10.00; #40742, Cowan, Heather, 13.20; #40810, Kientz, Valerie, 33.84; #40873, Radley, James, 13.20; #40891, Snyder, Clovia, 27.68; #40926, Williams, James, 11.92; #40947, Heidema, Louis, 2.45; #40959, Moore, Wilfred, 2.70; #40983, Williams, Shawnequa, 5.00; #41087, Yu, Erika, 4.17; #41687, Smith, Casi Leight, 7.00; #41690, Courtesy Subaru Inc, 4.21; #41703, Kennedy, William, 5.00; #41739, BH Electric Coop Inc, 10.00; #41845, Beck , Sherry, 50.64; #41880, Gonzalez, Mary, 11.92; #41903, Linde, Dan, 16.40; #41911, Martz, Sabrina, 17.68; #41927, Newling, Starla, 13.84; #41939, Reagan, Kevin, 16.40; #41967, Williams, Jaime, 13.20; #41991, Moone, Todd, 38.50; #42077, Nationwide Title Clearing, 30.00; #42078, Netbank, 10.00; #42117, Huffman, Rick, 10.46; #42118, Indy Mac FSB, 54.60; #42184, ECS Inc, 24.00; #42207, Sedlacek, Paul, 14.00; #42212, State Farm Financial Srvc, 2.00; #42320, Anduja, Alejandro, 23.20; #43005, Fox, John, 4.00; #43009, Muhm, Tom, 5.00; #43191, Sandford FCU, 10.00; #43226, Dale, Michael, 15.12; #43331, Shabi, Adrianne, 23.84; #43461, Landamerica, 10.00; #43602, Dynamic Control Systems, 167.43; #43603, Eby, Joey, 20.00; #43929, Volesky, Dan, 20.00; #43979, Mackoff Kellogg Law Firm, 8.00; #44149, Moyle, Kim, 15.76; #44295, Mitchell, William, 33.84; #44299, Morgan, Terry, 11.28; #44353, Schmidt, Paul, 39.60; #44411, Birdshead, Charles, 13.05; #44539, Gordon, Timothy, 29.15; #44540, Gray, Michael, 21.25; #45075, Whitesell, Hillary, 20.00; #45109, Consumer Finance Corp, 42.00; #45252, Quinn, Terrence, 29.40; #45296, Bishop, Lindsay, 14.48; #45346, Harned, Allen, 11.92; #45366, Kross, Andrea, 26.40; #45809, Jones, Tyler, 20.00; #46092, Zenker, Edmund, 20.00; #46268, Stevinson Imports Inc, 56.72; #46285, Bounds, Donna, 0.74; #46319, Colwell, Richard, 9.98; #46383, Atkinson, James, 19.60; #46413, Copeland, James, 12.56; #46444, Hampton, Jeffery, 27.92; #46468, Johnson, Timothy, 12.56; #46500, Marshall, Benjamin, 11.28; #46536, Reber, Karen, 16.40; #46544, Schroedter, Kirsten, 61.92; #46549, Schwab, Brandy, 12.56; #46573, Vig, Logan, 13.20; #46574, Waggoner, Kevin, 11.92; #46729, Red Bow, Buddy, 29.40; #46766, Netbank, 10.00; #46794, Kozlik, Susan, 713.22; #46796, Ludwick, Harold, 5.00; #46866, Bettelyoun, David, 20.00; #46867, Bettelyoun, Jerad, 20.00; #46984, Ewer, Mildred, 20.00; #47110, Marcato, Chastity, 20.00; #47181, Patterson, Dale, 20.00; #47182, Patterson, Dale, 20.00; #47372, Yellow Hair, Theodore, 20.00; #47389, Trownsell, Robert, 22.00; #47438, Howard, Mikael, 11.85; #47456, Null, Tina, 5.00; #47548, Ireland, Amy, 132.80; #47570, Citibank, 20.00; #47679, Dosch, Danielle, 10.00; #47982, Bone, Stephen, 11.28; #47990, Cain, Randall, 21.28; #47999, Cotterman, Tonia, 11.28; #48009, Einsporn, William, 39.60; #48021, George, Summer, 11.92; #48051, Johnson, Jeannette, 14.48; #48097, Pruess, Donell, 13.20; #48119, Smith, Andrew, 11.28; #48140, Wold, Richard, 26.40; #48477, Mahaffey, Melissa, 20.00; #48617, Rook, Bruce, 20.00; #48758, Olson, Barbara, 12.00; #48807, First American Lenders, 32.00; #48808, First American Lenders, 24.00; #48887, Schumacker, Mike, 15.00; #48890, Wells Fargo Services Co, 10.00; #49108, Blanchette, Michael, 110.24; #49119, Derrick, Kelsey, 15.12; #49149, Hosler, Dorothy, 62.56; #49151, Jackson, Vickie, 11.92; #49154, Karn, Connie, 11.92; #49156, Knutson, Michael, 15.12; #49220, Voss, Rebecca, 13.20; #49705, Cooper, Diane, 5.00; #49792, Gray, Michael, 6.58; #49888, Alspaw, Darrell, 10.64; #49926, Devries, Jane, 12.56; #49952, Holso, Jeremy, 17.68; #50065, Thomson, Michael, 13.20; #50074, Vig, Morris, 17.68; #50077, Wehrle, Craig, 11.28; #50086, Wylie, Joseph, 14.48; #50161, Rypinski, Kay, 85.13; #50294, BH Electric Coop Inc, 10.00; #50317, Jackson, Earl, 10.00; #50327, Soulier, Michael, 528.00; #50599, Kimball, Frank, 20.00; #50884, Faulkner, Gina, 5.00; #50889, Mackoff Kellogg Law Firm, 12.00; #50904, Swofford, Orson, 16.66; #51057, Amerifirst Home Improvmnt, 10.00; #51097, Tatanka Trading Post, 50.00; #51152, Elrod, Cassandra, 11.28; #51378, Wells Fargo Services Co, 24.00; #51375, Mortgage Service Center, 12.00; #51807, Wounded Head, Alonna, 20.00; #51827, United Mortgage & Loan Investment LLC, 28.00; #51848, First American Equity Ln, 38.00; #51943, Mollohan, Alan, 10.50; #52007, Chase Home Finance, 14.00. B. PENNINGTON COUNTY TID #1: MOVED by Schmidt and seconded by Trautman to dissolve Pennington County Tax Increment District #1 per SDCL 11-9-46 and further ordered that any and all tax revenues collected after debt was satisfied be distributed according to SDCL 11-9-31. Vote: Unanimous. C. DECEMBER AND JANUARY MEETING SCHEDULE: MOVED by Holbrook and seconded by Young that December 18, 2007, will be the final meeting date of the current year and January 8, 2008, will be the first meeting in January. Vote: Unanimous. ITEMS FROM COUNTY FIRE ADMINISTRATOR: A. BURN BAN: MOVED by Holbrook and seconded by Trautman to approve the following Resolution lifting the Pennington County Burn Ban and authorize the Chairperson’s signature thereon. Vote: Unanimous. RESOLUTION WHEREAS, the Pennington County Board of Commissioners passed a resolution banning all open burning in the county on June 26, 2007; and WHEREAS, conditions have changed since the passage of that Resolution, and at this time the fire danger is lessened; now, therefore BE IT HEREBY RESOLVED by the Pennington County Board of Commissioners that the open burning ban is hereby lifted and of not force and effect as of 1 o’clock p.m., November 6, 2007; and BE IT FURTHER RESOLVED that any open burning restrictions by any federal or state agency in any area within their respective jurisdictions remain in effect. Dated this 6th day of November, 2007. /s/Jim Kjerstad, Chairperson ATTEST: /s/Karen McGregor, Deputy Auditor Holbrook left the meeting at this time. ITEMS FROM HIGHWAY A. DRAINAGE EASEMENT: MOVED by Schmidt and seconded by Trautman to authorize the Pennington County Highway Department to locate a drainage easement on Lot 4a (Public Use Area), Block 4, H & H Estates Subdivision, Section 10, T1N, R8E, BHM, Pennington County, South Dakota. Vote: Unanimous. Holbrook rejoined the meeting. MISCELLANEOUS A. APPROVE VOUCHERS: MOVED by Holbrook and seconded by Young to approve the vouchers listed at the end of the minutes for expenditures for insurance, professional services, publications, rentals, supplies, repairs, maintenance, travel, conference fees, utilities, furniture and equipment, and authorize the chair’s signature thereto. Vote: Unanimous. ITEMS FROM PLANNING & ZONING A. ROAD CONSTRUCTION WITHIN A SECTION LINE RIGHT-OF-WAY / CS 07-01: Richard Jones. To construct a road within a Section Line Right-of-Way located between Sections 24 and 25, T2N, R10E, in Limited Agriculture/General Agriculture Districts in accordance with Section 500.5 of the Pennington County Subdivision Regulations. Lot A of less Right-of-Way, Bill’s Subdivision, Section, 24, T2N, R10E; SW1/4 less Lot A in Bill’s Addition and less Right-of-Way, Section 24, T2N, R10E; Lot 5 (also in Section 26), Tightline Lake Estates, Section 25, T2N, R10E; NW1/4 less Tightline Lake Estates and less Right-of-Way, Section 25, T2N, R10E, BHM, Pennington County, South Dakota. MOVED by Schmidt and seconded by Trautman to continue Road Construction Within A Section Line Right-of-Way / CS 07-01 to the November 20, 2007, County Board meeting pursuant to the request of the Planning Commission. Vote: Unanimous. B. FIRST READING AND PUBLIC HEARING OF REZONE / RZ 07-08: Stephen and Kristi Hilton; Renner & Associates – Agent. To rezone approximately 36.80 acres from Limited Agriculture District to General Agriculture District in accordance with Section 508 of the Pennington County Zoning Ordinance. Tract A, Palmer Subdivision, Section 14, T2N, R6E, BHM, Pennington County, South Dakota. MOVED by Young and seconded by Holbrook to continue Rezone 07-08 to the December 4, 2007, County Board meeting in order to allow time for the applicant to submit the Final Plat pursuant to Planning Staff recommendation. Vote: Unanimous. C. FINAL PLAT / PL 07-39: Chante Etan, LLC; Frank Bettman – Agent. To create Tract 36A and Tract 36B of Rushmore Ranch Estates Subdivision in accordance with Section 400.3 of the Pennington County Subdivision Regulations. EXISTING LEGAL: Tract 36 Revised, Rushmore Ranch Estates Subdivision, Section 7, T2S, R7E, BHM, Pennington County, South Dakota. PROPOSED LEGAL: Tract 36A and Tract 36B of Rushmore Ranch Estates Subdivision, Section 7, T2S, R7E, BHM, Pennington County, South Dakota. MOVED by Holbrook and seconded by Trautman to approve Final Plat / PL 07-39 with the following five (5) conditions, pursuant to the recommendation of the Planning Commission. Vote: Unanimous. 1. That proper address information be posted on both the approaches off of Hermosa Court and the residences in accordance with Pennington County Ordinance #20; 2. That a street sign be posted for Hermosa Court at the intersection of Hermosa Court and Rushmore Ranch Road prior to the residences being inhabited on the subject properties; 3. That the applicant sign and comply with the Noxious Weed Management Plan provided by the Pennington County Weed and Pest Department prior to filing of the Final Plat at Register of Deeds; 4. That all septic systems on the proposed lots be designed by a Registered Professional Engineer and prior to the issuance of a Building Permit, the applicant submit an On-Site Wastewater Construction Permit to be reviewed by the Pennington County Environmental Planner; and, 5. That a Building Permit be obtained for any structure exceeding 144 square feet or located on a permanent foundation, which requires a site plan to be reviewed and approved by the Planning Director. D. PLANNED UNIT DEVELOPMENT REVIEW / CU 06-07 (Con’t from 9/25/07): Black Hills Resorts, Inc./Art Janklow. To review a rezone of 21.49 acres from Suburban Residential District to Planned Unit Development in accordance with Section 213 and 508 of the Pennington County Zoning Ordinance. Tract C of Lot B of NE1/4 NW1/4 less Pengra Subdivision, Section 17, T2N, R7E, BHM, Pennington County, South Dakota. MOVED by Holbrook and seconded by Young to approve the extension of Planned Unit Development 06-07, including an additional Condition of Approval of a Statement of Understanding with the following twenty-one (21) conditions, pursuant to the recommendation of the Planning Commission. Vote: Unanimous. 1. That the PUD has a maximum of 51 mobile home spaces, one duplex, two stick- built structures and a total of 75 storage units; 2. That each mobile home space be allowed one mobile home, manufactured home or modular home (single-wide or double-wide); 3. That the mobile homes shall have a minimum 20-foot separation between units; 4. That decks and/or porches be allowed as accessory structures to each mobile home; 5. That the mobile homes shall have a minimum front yard setback of ten (10) feet from all access roads within the mobile home park and a setback of twenty-five (25) feet from exterior property lines; 6. That the mobile homes maintain a minimum ten (10) foot rear yard and side yard setback from interior lot lines; 7. That each mobile home space have a minimum of two (2) off-street parking spaces, and that each parking space shall not be less than nine (9) feet by eighteen (18) feet, surfaced with gravel, concrete or asphalt and maintained in such a manner that no dust will result from continuous use; 8. That 13 visitor parking spaces are provided. Each space must measure a minimum of nine (9) feet by eighteen (18) feet, be surfaced in gravel, concrete or asphalt and maintained in a dust free manner; 9. That a Building Permit shall be obtained for the removal or placement of mobile homes or manufactured homes on the property; 10. That a Building Permit be obtained for structures exceeding 144 square feet or located on a permanent foundation which will require a site plan to be reviewed and approved by the Planning Director; 11. That the mobile home park be provided with an on-site management office; 12. That all the interior streets shall be a minimum of 25 feet in width and surfaced with gravel, concrete or asphalt and maintained in a dust free manner as required by Section 305; 13. That prior to the placement of mobile homes or any other structures within the 100-year floodplain, a Floodplain Development Permit shall be submitted for review and approval; 14. That prior to any repair or replacement of the wastewater disposal system, the S.D. Department of Environment and Natural Resources and the Pennington County Environmental Technician shall review and approve the work and a Floodplain Development Permit shall be obtained for any work within the 100-year floodplain; 15. That the storage units be used exclusively for storage and not retail business activities; 16. That each unit has an individual address that must be posted in accordance with Pennington County Ordinance Amendment #20 and that the few remaining unaddressed mobile homes have proper address information posted within 30 days of approval of the extension of this PUD; 17. That the Planning Director may allow additional development or construction, which is consistent with the existing development on this property. Significant changes in the use or impacts on adjacent land uses as determined by the Planning Director shall require an amendment to this Planned Unit Development; 18. That a map be submitted to the Planning Office within 30 days of approval of the extension of this PUD showing the designated visitor parking and addresses for each lot in the mobile home park; 19. That the first 100 feet off of Sturgis Road be continually hard surfaced; 20. That this Planned Unit Development is not valid until the applicant signs the Statement of Understanding, which is available at the Planning Office; and, 21. That this PUD be reviewed in one (1) year or upon a complaint basis. E. FIRST READING AND PUBLIC HEARING OF REZONE / RZ 07-13: Powderhorn, LLC; Jerry Dale – Agent. To rezone 22.16 acres from General Agriculture District to Limited Agriculture District to allow for the subdivision of two lots in accordance with Section 508 of the Pennington County Zoning Ordinance. The SE1/4NE1/4 North of Highway 44 less Lot H2 and less Right-of-Way, Section 24, T1N, R8E, BHM, Pennington County, South Dakota. MOVED by Young and seconded by Holbrook to approve Rezone 07-13 to rezone from General Agriculture District to Limited Agriculture District, pursuant to Planning Commission recommendation. Vote: Unanimous. F. LAYOUT PLAT / PL 07-40: John and Mary Lehnert; Rob Livingston – Agent. To create Lots 1-10 of Granite Point Subdivision in accordance with Section 400.1 of the Pennington County Subdivision Regulations. EXISTING LEGAL DESCRIPTION: SW1/4 NW1/4; GL 2; that portion of Snowbird Lode MS 526 lying in SE1/4NW1/4, Section 28, T1S, R5E, BHM, Pennington County, South Dakota. PROPOSED LEGAL DESCRIPTION: Lots 1-10, Granite Point Subdivision, Section 28, T1S, R5E, BHM, Pennington County, South Dakota. MOVED by Holbrook and seconded by Young to approve Layout Plat 07-40, pursuant to the recommendations of Planning Commission and Planning staff, in order to address the following five (5) conditions prior to any further submittal applications. Vote: Unanimous. 1. Prior to submittal of the Preliminary Plat, the applicant provides Engineered Road Plans identifying the location of the secondary means of ingress/egress, or obtains a Subdivision Regulations Variance waiving the requirement of the secondary means of access; 2. That prior to submittal of the Preliminary Plat, the applicant submits Engineered Road plans showing horizontal and vertical alignment as well as road sections and drainage information for review; 3. That prior to submittal of the Preliminary Plat, the applicant performs and submits for review the percolation tests and soil profile information for any and all lots that may contain their own septic system. In addition, the community drainfield must be designed by a Registered Professional Engineer and the applicant must receive proper permitting and approval from the County and the State for the community drainfield; 4. That prior to submittal of the Preliminary Plat, the applicant submits for review a Fire protection and mitigation plan consistent with the recommendations from the County Fire Coordinator; and, 5. That the property be rezoned to a Planned Unit Development or Low Density Residential District prior to the Final Plat being recorded. G. FIRST READING AND PUBLIC HEARING OF REZONE / RZ 07-15 AND COMPREHENSIVE PLAN AMENDMENT / CA 07-10: Oliver and Mary Freimark; Rob Livingston/Jim Peterson – Agents. To rezone 7 acres from Limited Agriculture District to Suburban Residential District to allow for a future mobile home park and to amend the Comprehensive Plan to change the Future Land Use to Suburban Residential District in accordance with Sections 208 and 508 of the Pennington County Zoning Ordinance. The North 600.236 feet of Lot B of Lot 1 of Lot B and the North 600.236 feet of Lot A of Lot 2 of Lot B of W1/2NE1/4, Section 17, T2N, R7E, BHM, Pennington County, South Dakota. MOVED by Schmidt and seconded by Young to deny Rezone 07-15 and Comprehensive Plan Amendment 07-10 without prejudice, pursuant to Planning Commission and Planning Staff recommendation. Vote: Unanimous. H. FIRST READING AND PUBLIC HEARING OF REZONE / RZ 07-14: Deerfield Park Homeowner’s Association; Erv Nesheim – Agent. To rezone 2.22 acres from Low Density Residential District to General Agriculture District to allow for replatting to combine this lot with four other lots within Deerfield Park Subdivision in accordance with Section 508 of the Pennington County Zoning Ordinance. Common Lot B, Deerfield Park Subdivision, Section 2, T1S, R3E, BHM, Pennington County, South Dakota. MOVED by Holbrook and seconded by Trautman to continue Rezone 07-14 to the December 4, 2007, Board of Commissioners’ meeting, pursuant to Planning Commission recommendation. Vote: Unanimous. I. FIRST READING AND PUBLIC HEARING OF PLANNED UNIT DEVELOPMENT AMENDMENT / PU 07-07 (Con’t from 09/04/07): Canyon Springs Preserve; Dusten Schad – Agent. To amend an existing Planned Unit Development to allow for neighborhood commercial uses within the development in accordance with Section 213 of the Pennington County Zoning Ordinance. Common Area 8, Block 1; Common Area 1 (also in Section 22), Block 1; Lot 1, Block 2, and Common Area 6, Block 1, Canyon Springs Preserve Subdivision, Section 23, T2N, R6E, BHM, Pennington County, South Dakota. MOVED by Holbrook and seconded by Trautman to approve Planned Unit Development Amendment 07-07, including a condition for a Statement of Understanding, with the following thirty (30) conditions, pursuant to Planning Commission recommendation. Vote: Unanimous. 1. That the Planned Unit Development consists of 87 residential lots, “Conservation Land” trails, clubhouse, 12 storage units with a maintenance building, specialty resort and recreational structures with a minimum lot size of 1/2 acre; 2. That each proposed lot have areas for a single-family residence and two (2) drainfields; 3. That the required setbacks for all structures be a minimum of 25 feet from the front and rear property lines and eight (8) feet from the side yard property lines, and a 58 foot setback from Section Lines or the Section Line Right-of-Ways be vacated; 4. That both access roads off of Nemo Road allow for two-way traffic, paved, meet Ordinance 14 Standards and meet AASHTO Standards for sight distance on Nemo Road; 5. That all wastewater disposal systems be designed by an Engineer and if a normal septic system cannot be located on the property due to inadequate soils, an alternative system will be required that must be reviewed and approved by the Department of Environment and Natural Resources; 6. That all septic tanks be pumped every three (3) years and be inspected at the time of being pumped; 7. That the Planning Director may allow additional development or construction which is consistent with the existing development on this property. Significant changes in the use or impacts on adjacent land uses as determined by the Planning Director shall require an amendment to this Planned Unit Development; 8. That a Building Permit be obtained for any structures exceeding 144 square feet or located on a permanent foundation, which includes the necessary site plans to be reviewed and approved by the Planning Director; 9. That all wastewater disposal systems be a minimum of 50 feet from all major topographic changes within the development; 10. That all roads be constructed to Local Road Standards which includes a minimum of a 24-foot paved surface with curb, gutter, sidewalks and parallel parking or the applicant obtains approval of a Subdivision Regulations Variance waiving these requirements; 11. That a Homeowner’s Association be created for the care and maintenance of the “Conservation Land;” 12. That a Road District be formed for the care and maintenance of all roads; 13. That Rapid City, Pennington County Drainage Engineer and Pennington County’s Fire Coordinator approve the central water system for the Planned Unit Development that will serve the water needs for the homes and for water protection; 14. That all single-family residences be stick-built homes; 15. That prior to issuance of the Building Permit for the clubhouse, the fire protection plan and water system be reviewed for fire hydrant location and capacity; 16. That prior to operation of the specialty resort, a site plan be submitted for review and approval showing the existing access dimensions, parking lot layout and wastewater disposal system; 17. That access on to Forest Service lands be limited for emergency access only and gated; 18. That the entire water system must be fully operational by the time the 15th Building Permit is obtained or when 25 people are residing in the subdivision; 19. That the uses for this Planned Unit Development shall be limited to the uses as defined in SDCL 34-18-1 for a Specialty Resort (any bed and breakfast establishment, lodge, dude ranch, resort, building, or buildings used to provide accommodations or recreation for a charge to the public, with no more than ten rental units for up to an average of twenty guests per night and in which meals are provided to only the guests staying at the specialty resort), receptions, the storing, bottling, and shipping of wine, and a vineyard. All other uses will require an amendment to the PUD; 20. That a minimum of eight (8) parking spaces be provided for the specialty resort and a minimum of 20 parking spaces for the clubhouse; 21. That all parking areas be maintained in a dust free manner; 22. That each sleeping room within the specialty resort have a smoke/heat detector; 23. That a portable fire extinguisher with a minimum 2 ABC rating shall be placed on each floor level and shall be inspected and tagged annually within the specialty resort; 24. That each floor, where occupants are sleeping shall have two means of escape within the specialty resort and that all primary exits that lead to the exterior of the structure shall be unlocked, free from obstruction and clearly marked; 25. That all exterior lighting must be of low level intensity, which does not result in excessive glare upon surrounding neighbors; 26. That prior to the placement of any on-premise sign, the applicant must obtain a Sign Permit; 27. That prior to operation of the Specialty Resort, the applicant provides a copy of the inspection report of the kitchen facility from the South Dakota Department of Health; 28. That a plan be submitted to address the disposal of the swimming pool water; 29. That this Planned Unit Development Amendment is not valid until the applicant signs the Statement of Understanding, which is available at the Planning Office; and, 30. That this Planned Unit Development be reviewed on a complaint basis. EXECUTIVE SESSION PER SDCL 1-25-2 MOVED by Schmidt and seconded by Holbrook to convene in Executive Session. Vote: Unanimous. The Board of Commissioners remained in Executive Session from 12:02 p.m. until 12:23 p.m. MOVED by Trautman and seconded by Holbrook to adjourn from Executive Session. Vote: Unanimous. AUDITOR’S ACCOUNT OF THE TREASURER To the Pennington County Board of Commissioners; I hereby submit the following report of my examination of the cash and cash items in the hands of the County Treasurer as of October 29, 2007. Total Balances of Checking Accounts, $27,588,613.00; Total Balance of Treasurer’s Office Safe Cash, $5,900.00; Total Certificates of Deposit, $9,634,467.17; Total Prime Value Investment, $12,714,959.67; Total Petty Cash, $113,290.00; Total Cash Items Paid, $30.40; Total Cash Items, $1583.21; NSF Checks, $1581.21; Total Long, $565.51; Total, $50,058,277.94. Submitted by Karen McGregor, Deputy Auditor. PERSONNEL Buildings & Grounds: Effective November 5, 2007 – A. Pierce, $2087; Effective November 1, 2001 – E. Alexander, $2304. PAYROLL Commissioners, 15,333.09; Elections, 7,223.24; Auditor, 20,937.37; Treasurer, 41,156.61; Data Processing - Law, 10,946.37; Data Processing - General, 23,873.15; State's Attorney, 112,156.46; Public Defender, 76,872.78; Juvenile Diversion, 12,352.74; Victim's Assistance, 9,672.66; Buildings & Grounds, 82,467.95; Equalization, 59,910.13; Register of Deeds, 21,688.59; Sheriff, 245,177.97; Courthouse Security, 5,616.67; Service Station, 11,258.58; HIDTA Grant, 8,763.89; CARE Budget, 11,357.42; Jail, 330,019.34; Jail Work Program, 5,639.50; Jail Medical, 2,940.34; Jail Maintenance, 9,947.22; Hill City Law, 10,639.95; Keystone Law, 4,713.46; New Underwood – Law, 3,932.97; School Liaison, 17,874.49; Wall Law, 10,188.58; JSC Teachers, 21,102.85; Home Detention, 6,883.21; Dispatch, 140,871.62; Ordinance, 3,089.33; Economic Assistance, 32,999.65; Mental & Alcohol-SAO, 6,331.24; Mental & Alcohol-HHS, 2,868.66; Alcohol & Drug, 131,167.26; Friendship House, 25,034.19; Prevention Program, 5,599.25; 24-7 Program, 13,770.09; Extension, 4,861.32; Weed & Pest, 9,801.24; Planning and Zoning, 19,205.27; Juvenile Services Center, 248,540.91; JSC Maintenance, 4,978.08; Highway, 179,801.19; Drug Seizure, 1,606.00; Fire Administration, 5,775.84; Emergency Management, 7,789.92; Emergency Management, 1,096.08. VOUCHERS Alltel, 1,347.28; Black Hills Power & Light, 2,340.69; Cardmember Service, 613.48; CBM Food Services, 32,606.32; City of Rapid City - Water, 12,365.52; City of Hill City, 30.76; City of New Underwood, 414.00; City of Wall, 107.30; First Administrators, 120,725.48; Fish Garbage, 42.70; Montana Dakota Utilities, 4,043.56; Mt. Rushmore Telephone Co., 58.00; Pioneer Bank & Trust, 618.92; Prairiewave Comm., 2,867.14; QWEST, 153.31; Rainbow Gas, 30.70; Verizon, 324.93. ADJOURN There being no further business the meeting was adjourned at 12:25 p.m. Julie A. Pearson, Auditor Publish: November 21, 2007 November 6, 2007 1