PENNINGTON COUNTY BOARD OF COMMISSIONERS MINUTES December 11, 2007 A meeting of the Pennington County Board of Commissioners was held on Tuesday, December 11, 2007, in the Commissioners' meeting room of the Pennington County Courthouse. Vice Chairperson Ethan Schmidt called the meeting to order at 9:00 a.m. with the following Commissioners present: Gale Holbrook, Nancy Trautman and Brenda Young. Absent: Jim Kjerstad. REVIEW AND APPROVE AGENDA MOVED by Trautman and seconded by Young to approve the agenda with the following additions: add EXECUTIVE SESSION (Contractual). Vote: Unanimous. REVIEW MINUTES MOVED by Holbrook and seconded by Trautman to approve the minutes of the December 4, 2007, Board of Commissioners' meeting. Vote: Unanimous. 9:15 A.M. BUDGET SUPPLEMENT HEARINGS MOVED by Trautman and seconded by Young to supplement the 2007 General Fund Weed Budget for $2063 from cash reserves. Vote: Unanimous. MOVED by Holbrook and seconded by Young 2007 Emergency Management Fund Operating Budget for $28,597 from cash reserves. Vote: Unanimous. MOVED by Young and seconded by Trautman 2007 Hazardous Materials Fund Operating Budget for $24,200 from cash reserves. Vote: Unanimous. MOVED by Young and seconded by Trautman 2007 Library Fund Rapid City Contract Budget for $20,636 from cash reserves. Vote: Unanimous. MOVED by Holbrook and seconded by Trautman 2007 Capital Projects Fund Budgets: Jail Medical ($290,000), Jail Booking ($20,000), Jail ($200,000) and Courthouse II ($50,000) from cash reserves. Vote: Unanimous. ITEMS FROM AUDITOR A. ALCOHOLIC BEVERAGE LICENSE RENEWALS: MOVED by Holbrook and seconded by Young to approve the renewal of Liquor Retail (On Sale) with Sunday Sales: Sunset Grille, Triple L Inc.; Wine Retail On Sale: Black Hills Receptions & Rentals, Joanne Wagner; IKENCINDY, INC d/b/a Black Forest Inn Inc, Cynthia D. Hassoun & Isaac Hassoun. Vote: Unanimous. ITEMS FROM SHERIFF A. SURPLUS COMPUTERS: MOVED by Young and seconded by Trautman to declare two Gateway computers Serial # 0032550284 and Serial # 0032550285 surplus and give them to the Civil Air Patrol. Vote: Unanimous. ITEMS FROM INFORMATION TECHNOLOGY SERVICES A. JOB DESCRIPTION APPROVAL: MOVED by Young and seconded by Trautman to approve the job description for the position of Programmer I, Grade 16. Vote: Unanimous. ITEMS FROM HIGHWAY A. AUTHORIZATION TO PURCHASE SQUARE TUBE STEEL POST: MOVED by Holbrook and seconded by Young to approve the purchase of square tube steel sign posts from State Contract # 15307 from 3-D Specialties, Inc, Fargo, ND from 2007 (2008) budget, total purchase is anticipated to exceed $25,000. Vote: Unanimous. B. BID AUTHORIZATION - CHIP SPREADER: MOVED by Holbrook and seconded by Trautman to authorize the advertisement for bids for one used chip spreader. Vote: Unanimous. C. RANDOM DRUG TESTING AGREEMENT: MOVED by Trautman and seconded by Young to authorize the chair’s signature to the 2008 Drug and Alcohol Testing Agreement with Clinical Laboratory of the Black Hills at a cost of $30 for DOT (CDL holders) and $38 for Non- DOT testing. Vote: Unanimous. D. SD PFH 17-1(6), HILL CITY - SPOT SAFETY IMPROVEMENTS: MOVED by Holbrook and seconded by Trautman to authorize the highway superintendent to enter into the Project Agreement SD PFH 17-1(6) Hill City - Lead Spot Safety Improvements. Vote: Unanimous. E. RECLASSIFICATION: MOVED by Trautman and seconded by Young to authorize the reclassification of C. Shockey as Administrative Assistant I, Grade 14, effective January 1, 2008 at $2,882.67 per month. Vote: Unanimous. EXECUTIVE SESSION PER SDCL 1-25-2(1)(3) PERSONNEL; CONTRACTUAL MOVED by Trautman and seconded by Young to convene in Executive Session. Vote: Unanimous. The Board remained in Executive Session from 9:35 a.m. until 10:30 a.m. MOVED by Trautman and seconded by Young to adjourn from Executive Session. Vote: Unanimous. ITEMS FROM ADMINISTRATIVE ASSISTANT A. COFFEE SHOP LEASE AGREEMENT: MOVED by Trautman and seconded by Young to not renew the lease agreement between the Department of Human Services, Services to the Blind and Visually Impaired, Business Enterprise Program and Pennington County for the Coffee Shop. Vote: Unanimous. MISCELLANEOUS A. APPROVE VOUCHERS: MOVED by Holbrook and seconded by Trautman 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. Commissioner Young left the meeting at 10:55 a.m. 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 Trautman and seconded by Holbrook to continue this item to the January 15, 2008 Board of Commissioners' meeting. Vote: Unanimous. B. FINAL PLAT / PL 07-45: Stephen and Kristi Hilton; Renner & Associates – Agent. To combine two lots to create Tract A Revised of Palmer Subdivision in accordance with Section 400.3 of the Pennington County Subdivision Regulations. EXISTING LEGAL: Tract A, Palmer Subdivision and SW1/4NW1/4 of Section 14, T2N, R6E, BHM, Pennington County, South Dakota. PROPOSED LEGAL: Tract A Revised, Palmer Subdivision, Section 14, T2N, R6E, BHM, Pennington County, South Dakota. MOVED by Holbrook and seconded by Trautman to accept Planning Commission recommendation to approve PL 07-45 with the following three (3) conditions: 1. That prior to filing of the Final Plat at the Register of Deeds, the applicant gravel the second, more northern approach off of Potter Rd. in accordance with Ordinance 14 Standards; 2. That the Final Plat be altered to show 30 feet of public right-of-way dedicated to the east of the centerline of Potter Road, rather than 33 feet, prior to filing of the Final Plat at the Register of Deeds; and, 3. That a Building Permit be obtained for any new structures exceeding 144 square feet and located on a permanent foundation, which will require a site plan to be reviewed and approved by the Pennington County Planning Director. Vote: Unanimous. C. 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 Holbrook and seconded by Trautman to accept Planning Commission recommendation to approve RZ 07-08 to rezone from Limited Agriculture District to General Agriculture District. Vote: Unanimous. D. SECOND READING 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. MOVED by Trautman and seconded by Holbrook to approve the Second Reading of RZ 07-14. Vote: Unanimous. ORDINANCE NO. RZ 07-14 AN ORDINANCE AMENDING SECTION 508 OF THE PENNINGTON COUNTY ZONING ORDINANCE, REZONING THE WITHIN DESCRIBED PROPERTY: BE IT HEREBY ORDAINED BY THE PENNINGTON COUNTY COMMISSION THAT THE PENNINGTON COUNTY ZONING ORDINANCE BE AND HEREBY IS AMENDED BY AMENDING THE ZONING OF THE FOLLOWING DESCRIBED PROPERTY: Common Lot B, Deerfield Park Subdivision, Section 2, T1S, R3E, BHM, Pennington County, South Dakota. The above-described property is hereby rezoned from Low Density Residential District to General Agriculture District. Dated this 11th day of December 2007. PENNINGTON COUNTY COMMISSION Jim Kjerstad, Chairperson ATTEST: /s/ Lori Severson, Deputy Auditor E. SECOND READING OF REZONE / RZ 07-18 AND COMPREHENSIVE PLAN AMENDMENT / CA 07-13: Gene and Phyllis Noteboom and Larry and Wanda Wiechmann. To rezone 5.74 acres from Low Density Residential District to Suburban Residential District and to amend the Comprehensive Plan to change the Future Land Use to Suburban Residential District in accordance with Section 508 of the Pennington County Zoning Ordinance. MOVED by Holbrook and seconded by Trautman to approve the second reading of RZ 07-18. Vote: Unanimous. ORDINANCE NO. RZ 07-18 AN ORDINANCE AMENDING SECTION 508 OF THE PENNINGTON COUNTY ZONING ORDINANCE, REZONING THE WITHIN DESCRIBED PROPERTY: BE IT HEREBY ORDAINED BY THE PENNINGTON COUNTY COMMISSION THAT THE PENNINGTON COUNTY ZONING ORDINANCE BE AND HEREBY IS AMENDED BY AMENDING THE ZONING OF THE FOLLOWING DESCRIBED PROPERTY: Lot B of Lot 1 and the E 115 feet of Lot 2 of NE1/4NE1/4, Section 31, T1N, R7E; Lot A of Lot 1 of NW1/4NW1/4 and Lot B of Lot 1 of NW1/4NW1/4, all in Johnson, U V Subdivision, Section 32, T1N, R7E, BHM, Pennington County, South Dakota. The above-described property is hereby rezoned from Low Density Residential District to Suburban Residential District. Dated this 11th day of December 2007. PENNINGTON COUNTY COMMISSION Jim Kjerstad, Chairperson ATTEST: /s/ Lori Severson, Deputy Auditor F. SECOND READING OF REZONE / RZ 07-17 AND COMPREHENSIVE PLAN AMENDMENT / CA 07-12: Brett and Stephannea Stenson; RMS Lode, LLC. To rezone 0.48 acre from Limited Agriculture District to Highway Service District to allow for replatting and to amend the Comprehensive Plan to change the Future Land Use to Highway Service District in accordance with Section 508 of the Pennington County Zoning Ordinance. MOVED by Trautman and seconded by Holbrook to approve the second reading of RZ 07-17. Vote: Unanimous. ORDINANCE NO. RZ 07-17 AN ORDINANCE AMENDING SECTION 508 OF THE PENNINGTON COUNTY ZONING ORDINANCE, REZONING THE WITHIN DESCRIBED PROPERTY: BE IT HEREBY ORDAINED BY THE PENNINGTON COUNTY COMMISSION THAT THE PENNINGTON COUNTY ZONING ORDINANCE BE AND HEREBY IS AMENDED BY AMENDING THE ZONING OF THE FOLLOWING DESCRIBED PROPERTY: Located on the following metes and bounds descriptions: A tract of land located in the S½NE¼ of Section 21, T1S, R5E, BHM, Pennington County, South Dakota. Being more particularly described as follows: Commencing at the East Quarter corner of said Section 21, said point being monumented with an iron pipe and brass cap; Thence N64°28’08”W 1311.67’ to the True Point of Beginning, said point is on the line common to the JR#2 and JR#5 lodes, M.S. 1864; Thence N59°11’21”W 46.20 feet to a point; Thence N20°44’57”W 202.67 feet to a point; Thence N02°15’33”W 74.18 feet to a point; Thence S82°10’36”E 104.59 feet to the southwesterly corner of Lot K revised of the JR#5 lode M.S. 1864, said point being monumented with an iron rod and plastic cap stamped “VREM 6577”; Thence S02°15’41”E along the easterly line of the JR#2 lode 273.28 feet to the True Point of Beginning, from which the corner #4&5 of the JR#5 lode bears S02°15’41”E 719.25, said point being monumented with an iron rod and aluminum cap stamped “VREM 6577”. Above described parcel contains 20,800 square feet or 0.48 acres more or less. Basis of Bearing is S82°07’54”E for the South line of said Lot K Revised, Pennington County, South Dakota. The above-described property is hereby rezoned from Limited Agriculture District to Highway Service District. Dated this 11th day of December 2007. PENNINGTON COUNTY COMMISSION Jim Kjerstad, Chairperson ATTEST: /s/ Lori Severson, Deputy Auditor 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 November 28, 2007. Total Balances of Checking Accounts, $26,524,248.22; Total Balance of Treasurer’s Office Safe Cash, $5,900.00; Total Certificates of Deposit, $9,681,316.52; Total Prime Value Investment, $2,202,649.78; Total Petty Cash, $113,290.00; Total Cash Items, $793.44; NSF Checks, $791.44; Total Long, $600.44; Total, $38,527,597.52. Submitted by Karen McGregor, Deputy Auditor. PERSONNEL Highway: Effective January 1, 2008 – C. Shockey, $2,882.67. VOUCHERS Alltel, 19.27; Black Hills Power & Light, 1,485.75; City of Rapid City - Water, 1,738.51; City of Wall - Water & Sewer, 110.30; ConocoPhillips, 1,716.68; First Administrators, 87,728.50; Golden West Companies, 1,008.60; Kieffer Sanitation, 2,084.25; Medical Waste Transport, 110.00; PrairieWave Comm., 1,459.10; State Remittance Center, 9,634.71; Walker Refuse, 83.61. ADJOURN There being no further business the meeting was adjourned at 11:15 a.m. Julie A. Pearson, Auditor Publish: December 26, 2007 December 11, 2007 1