PENNINGTON COUNTY
                     BOARD OF COMMISSIONERS MINUTES
                              March 4, 2008

A meeting of the Pennington County Board of Commissioners was held on Tuesday, March 4, 
2008, in the Commissioners' meeting room of the Pennington County Courthouse.  Chairperson 
Brenda Young called the meeting to order at 9:00 a.m. with the following Commissioners 
present:  Gale Holbrook, Jim Kjerstad, Ethan Schmidt and Nancy Trautman.


REVIEW AND APPROVE AGENDA

MOVED by Kjerstad and seconded by Schmidt to approve the agenda with the following 
change:  Continue the Appointment to the Planning Commission to the March 18, 2008, Board 
of Commissioners' meeting but still hear from those applicants present today. Vote:  Unanimous.

REVIEW MINUTES

MOVED by Holbrook and seconded by Trautman to approve the minutes of the February 19, 
2008, Board of Commissioners' meeting.  Vote:  Unanimous.

ITEMS FROM HIGHWAY

A.  PALMER CREEK ROAD TREE:  MOVED by Holbrook and seconded by Schmidt to 
authorize the Highway Department to remove the dead tree that is in the middle of Palmer Creek 
Road.  Vote:  Unanimous.

C.  DM&E RAILROAD MEETING:  MOVED by Kjerstad and seconded by Schmidt to 
continue this item to the April 1, 2008, Board of Commissioners' meeting.  Vote:  Unanimous.

D.  CLARKSON ROAD PROPERTY:  MOVED by Schmidt and seconded by Holbrook 
Schmidt to place rip rap on top of the fabric in the ditch bottom, reseed it and then put silt fence 
in the drainage way.  Vote:  Unanimous.

ITEMS FROM AUDITOR

A.  ALCOHOLIC BEVERAGE LICENSE MORATORIUM RESOLUTION (Con’t from 
2/19/08):  MOVED by Kjerstad and seconded by Holbrook to continue this item to the April 1, 
2008, Board of Commissioners' meeting.  Vote:  Unanimous.

B.  ALCOHOLIC BEVERAGE LICENSE TRANSFER:  MOVED by Holbrook and seconded 
by Schmidt to continue this item to the March 18, 2008, Board of Commissioners' meeting.  
Vote:  Unanimous.

C.  BANKHEAD JONES AND FEDERAL PAYMENT IN LIEU OF TAX (PILT) 
DISTRIBUTION:  MOVED by Holbrook and seconded by Trautman to retain 100% of the 
Bankhead Jones and PILT funds that will be received 2009.  Holbrook called the question.  Vote:  
on calling question:  Unanimous.  Vote on motion:  Holbrook, Kjerstad, Schmidt and Trautman: 
aye.  Young:  nay.  Motion carried 4-1.

D.  ABATEMENTS:  MOVED by Holbrook and seconded by Schmidt to approve the following 
abatement/refund:  2007, Hein, Dale L, $1,374.54.  Vote:  Unanimous.

ITEMS FROM SHERIFF

A.  BID AWARD RECOMMENDATION – JAIL ANNEX COMPLETION (2nd & 3rd Floors) 
PROJECT:  MOVED by Holbrook and seconded by Kjerstad to continue this item to a Special 
Meeting to be held on March 11, 2008, at 9:00 a.m.  Vote:  Unanimous.

ITEMS FROM TREASURER

A.  UNCOLLECTED MOBILE HOME:  MOVED by Schmidt and seconded by Trautman to 
deem the following mobile home warrants as uncollectible:  Distress Warrant #04502006, Robert 
Schneider, $113.92 and Distress Warrant, #00882006, Owen Eckhardt, $125.42.  Vote:  
Unanimous.

DOUG SPERLICH – H LOT AUTHORIZATION (Con’t from 2-5-08):  MOVED by 
Schmidt and seconded by Holbrook to accept the withdrawal of the application for the H Lot 
Authorization.  Vote:  Unanimous.

LIEN RELEASE REQUEST (MO):  MOVED by Holbrook and seconded by Trautman to 
approve the lien release request for MO (name withheld per SDCL 28-13-42) in the amount of 
$7,717.36Vote:  Unanimous.

ITEMS FROM CHAIR

A.  DISCUSSION – REQUEST PROPOSAL OF CONSULTANT FOR FUTURE BUILDING 
NEEDS

MOVED by Trautman and seconded by Kjerstad to pursue the engagement of a long range 
planning professional to develop a future building plan which will identify all possibilities, 
commitments and needs of Pennington County as well as the priorities of these projects and 
possible funding.  This planning process would be financed by funds currently available in the 
building reserve.  Vote:  Unanimous.

MOVED by Schmidt and seconded by Trautman to suspend the activity of the Building 
Committee with the exception of the Jail Annex and the possible remodel of the Coffee Shop.  
Vote:  Unanimous.

ITEMS FROM ADMINISTRATIVE ASSISTANT

A.  AGREEMENT BETWEEN RAPID CITY AND PENNINGTON COUNTY FOR USE AND 
MAINTENANCE OF CERTAIN LAND LOCATED ADJACENT TO THE CENTRAL 
STATES FAIR GROUNDS:  MOVED by Kjerstad and seconded by Schmidt to approve the 
agreement and authorize the chair’s signature thereto.  Vote:  Unanimous.

MISCELLANEOUS

A.  VOUCHERS:  MOVED by Young seconded by Schmidt 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 AND ZONING

A.  SECOND READING OF REZONE / RZ 08-03:  Tim and Karen Engesser; Sperlich 
Consulting – Agent.  MOVED by Kjerstad and seconded by Holbrook to approve the second 
reading of RZ 08-03.  Vote:  Unanimous.

ORDINANCE NO. RZ 08-03

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 description:  Commencing at the easterly 1/4 
Section Corner of Section 24, T1N, R8E, common to the westerly 1/4 Section Corner of 
Section 19, T1N, R9E, thence, southerly along the Range/Section Line common to said 
Section 24, T1N, R8E, and Section 19, T1N, R9E, a distance of 412.5± feet to a point at 
the southerly corner of Lot A of the NE1/4 of the SE1/4 of Section 24, and the Point of 
Beginning; Thence, first course: Southerly along the Range/Section Line common to said 
Section 24, T1N, R8E, and Section 19, T1N, R9E, a distance of 907.5± feet, to the South 
1/16 Section Corner common to Section 24, T1N, R8E, and  Section 19, T1N, R9E ; 
Thence, second course:  westerly, along the interior 1/16 Section Line, a distance of 
1,320± feet to the Southeast 1/16 Section Corner of Section 24, T1N, R8E; Thence, third 
course: northerly, along the interior 1/16 Section Line, a distance of 1,320± feet to the 
Center-East 1/16 Section Corner of Section 24, T1N, R8E, common to a point on the 
interior 1/4 Section Line; Thence, fourth course:  easterly, along said interior 1/4 Section 
Line, a distance of 1,190± feet, to a point on the interior 1/4 Section Line, common with 
the northwesterly corner of said Lot H1 of the NE1/4 of the SE1/4 of Section 24; Thence, 
fifth course:  southerly, along the westerly edge of said Lot H1 of the NE1/4 of the SE1/4 
of Section 24, curving to the left on a curve with a radius of 543.00 feet, and an arc length 
of 262.43 feet, to a point of tangency on the westerly edge of said Lot H1 of the NE1/4 of 
the SE1/4 of Section 24; Thence, sixth course:  southerly, along the westerly edge of said 
Lot H1 of the NE1/4 of the SE1/4 of Section 24, a distance of 63.69 feet, to a point of 
curve on the westerly edge of said Lot H1 of the NE1/4 of the SE1/4 of Section 24; 
Thence, seventh course:  southerly, along the westerly edge of said Lot H1 of the NE1/4 
of the SE1/4 of Section 24, curving to the right on a curve with a radius of 1,297.00 feet, 
and an arc length of 396.26 feet, to a point at the southerly corner of said Lot H1 of the 
NE1/4 of the SE1/4 of Section 24, common with a point on the westerly edge of the 
statutory Section Line Right-or-Way which is 33 feet west of the Range/Section Line 
common to said Section 24, T1N, R8E, and Section 19, T1N, R9E; Thence, eighth 
course:  northerly, along said westerly edge of said statutory Section Line Right-or-Way 
which is 33 feet west of the Range/Section Line common to said Section 24, T1N, R8E, 
and Section 19, T1N, R9E, a distance of 417.42 feet, to the southeast corner of said Lot 
H1 of the NE1/4 of the SE1/4 of Section 24, common to a point on the southwesterly 
boundary of said Lot A of the NE1/4 of the SE1/4 of Section 24, and common with a 
point on the westerly edge of the statutory Section Line Right-or-Way which is 33 feet 
west of the Range/Section Line common to said Section 24; Thence, ninth course:  
southerly, along the westerly boundary of said Lot A of the NE1/4 of the SE1/4 of 
Section 24, curving to the right on a curve with a radius of 1363.00 feet, and an arc length 
of 117.61 feet, to a point at the southerly corner of Lot A of the NE1/4 of the SE1/4 of 
Section 24, and the Point of Beginning; Said Parcel contains 38.9± acres more or less.

The above-described property is hereby rezoned from General Agriculture District to Limited 
Agriculture District.

Dated this 4th day of March, 2008.

PENNINGTON COUNTY COMMISSION

s/Brenda Young, Chairperson

ATTEST:  s/Cindy Mohler, Deputy Auditor

B.  PUBLIC HEARING AND FIRST READING OF REZONE / RZ 08-04:  Merlin Stromer; 
Davis Engineering – Agent.  To rezone 20 acres from General Agriculture District to General 
Commercial District in accordance with Section 508 of the Pennington County Zoning 
Ordinance.

Located on the following metes and bounds description:  Beginning at the POINT OF 
BEGINNING which is a Brass Cap at the South 1/4 corner of Section 20, T1N, R9E, BHM; 
thence S 65°23’32” W a distance of 1,078.79 feet to the TRUE POINT OF BEGINNING; 
Thence N 64°45’09” W a distance of 679.02 feet; Thence N 00°02’11” E a distance of 
1,418.12 feet; Thence S 64°45’09” E a distance of 679.02 feet; Thence S 00°02’11” W a 
distance of 1,418.12 feet; to the TRUE POINT OF BEGINNING; containing 20.00 acres 
“more or less.”

MOVED by Schmidt and seconded by Trautman to approve the first reading of RZ 08-04.  Vote:  
Unanimous.

C.  PUBLIC HEARING AND FIRST READING OF PLANNED UNIT DEVELOPMENT / PU 
08-01:  Clair Voshall; Davis Engineering – Agent.  To rezone 3.02 acres from Limited 
Agriculture District to a Planned Unit Development to allow three existing mobile homes, a 
home occupation, and outbuildings in accordance with Section 213 of the Pennington County 
Zoning Ordinance.

Located on the following metes and bounds description:  Beginning at a USFS Aluminum 
Cap which is marked NE-SE 1/64 S10, T2S, R6E, BHM; Thence N 82?33’46” W a distance 
of 984.35 feet to an aluminum cap marked “FMG-1019” which is the TRUE POINT OF 
BEGINNING:  Thence N 89?17’03 ” E a distance of 137.65 feet; Thence N 41?37’04” E a 
distance of 640.93 feet; Thence N 89?11’27” E a distance of 249.78 feet; Thence S 
28?03’38” E a distance of 110.87 feet; Thence S 49?34’18” W a distance of 279.80 feet; 
Thence S 11?21’49” E a distance of 39.15 feet; Thence S 67?05’35” W a distance of 113.75 
feet; Thence S 87?22’21” W a distance of 285.71 feet; Thence S 50?32’09” W a distance of  
234.01 feet; Thence along a curve with a radius of 2439.80 feet, a chord bearing of N 66?09’ 
35” W and a chord distance of 97.42 feet, a distance of 97.42 feet; to the TRUE POINT OF 
BEGINNING; Containing 3.02 Acres “more of less”. All Located in Section 10, T2S, R6E, 
BHM, Pennington County, South Dakota.

MOVED by Holbrook and seconded by Trautman to continue this item to the March 18, 2008, 
meeting.  Vote:  Unanimous.

D.  MINOR PLAT / PL 08-02:  Lynda Voshall/Clair Voshall; Davis Engineering – Agent.  To 
revise three lots to create Lots 1, 2, and 3 of Voshall Addition in accordance with Section 400.3 
of the Pennington County Subdivision Regulations.

EXISTING LEGAL:  Lot 4 of Tract A in NE1/4, Lot 2 of Linde Tract, and Lot 1 Revised of 
Elkhorn Placer M.S. 1502 all in Section 10, T2S, R6E, BHM, Pennington County, South 
Dakota.

PROPOSED LEGAL:  Lots 1, 2, and 3 of Voshall Addition, Section 10, T2S, R6E, BHM, 
Pennington County, South Dakota.

MOVED by Schmidt and seconded by Holbrook to continue this item to the March 18, 2008, 
meeting.  Vote:  Unanimous.

EXECUTIVE SESSION PER SDCL 1-21-2(1,3); Personnel, Litigation; Contractual

MOVED by Holbrook and seconded by Schmidt to convene into Executive Session.  Vote:  
Unanimous.  The Board remained in Executive Session from 12:13 p.m. until 2:20 p.m.  
Holbrook left the meeting at 12:58 p.m.  Trautman left the meeting at 1:48 p.m.  MOVED by 
Schmidt and seconded by Kjerstad 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 February 26, 
2008: Total balances of checking/savings accounts, $15,276,457.01 Total balance of Treasurer’s 
Office safe cash, $6,900.00; Total certificates of deposit, $8,095,936.95; Total Prime Value 
Investment, $2,440,246.65; Total petty cash, $113,540.00; Total cash items/net NSF checks, 
$136.73 Total long/short, $263.79; Total, $28,932,950.55.  Submitted by KJ McDonald, Deputy 
Auditor.

PERSONNEL

ITS:  Effective March 3, 2008:  S. Sinclair, 3,177.66; Effective March 19, 2008:  P. Ottoson, 
2,177.66.

VOUCHERS

Cardmember Services, 2,665.26; Maxwell, Curtis, 75.11; Knology, 601.47; Verizon, 362.37; 
Alltel, 1,914.79; BH Power Inc, 5,313.70; Montana Dakota Utilities, 22,994.54; City of Rapid 
City – Water, 6,671.70; PrairieWave, 2,581.08; Rainbow Gas Co, 14,528.61; Pioneer Bank & 
Trust, 1,155.40; CBM Food Service, 16,584.37; State Remittance Center, 7,099.00; Wal-Mart, 
21.04; Executive Mgmt Finance Office, 6.90; City of Hill City, 41.87; Qwest, 152.53; Mt 
Rushmore Telephone, 58.00; Custer State Park, 14,710.00; Conrad’s Big C Electric, 19,703.75; 
First Administrators, $78,657.09.

ADJOURN

There being no further business the meeting was adjourned at 2:20 p.m.

Julie A. Pearson, Auditor

Publish:  March 19, 2008
March 4, 2008
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