PENNINGTON COUNTY BOARD OF COMMISSIONERS MINUTES July 1, 2008 A meeting of the Pennington County Board of Commissioners was held on Tuesday, July 1, 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 and Nancy Trautman. Ethan Schmidt was absent. REVIEW AND APPROVE AGENDA MOVED by Holbrook and seconded by Kjerstad to approve the agenda with the following additions: Under Fire Administrator; Fireworks Permit for Black Hills Speedway; Under Planning; Update on the hiring of a Water Protection Coordinator. Vote: Unanimous. REVIEW MINUTES MOVED by Holbrook and seconded by Trautman to approve the minutes of the June 17, 2008, Board of Commissioners' meeting as presented and the minutes of the June 24, 2008, Special Meeting. Vote: Unanimous. APPOINTMENT OF PLANNING COMMISSIONERS (2) Secret ballots were cast and per votes cast Jeff Hoffmann and Kevin Kuehn, are appointed to the Planning Commission for a three-year term effective July 14, 2008. ITEMS FROM THE AUDITOR A. CATASTROPHIC HEALTH CLAIM RESERVE: MOVED by Trautman and seconded by Kjerstad to establish a special reserve balance in the General Fund for Catastrophic Health Care Claims at $125,000 for 2008. This reserve is supported by unspent 2007 budget and over- collected revenues. Vote: Unanimous. B. VALLEY HEIGHTS ESTATE ROAD DISTRICT: MOVED by Kjerstad and seconded by Trautman to authorize the chair’s signature to the Order for Organization and Incorporation of the Valley Heights Estate Road District. Vote: Unanimous. ORDER FOR ORGANIZATION AND INCORPORATION OF THE VALLEY HEIGHTS ESTATE ROAD DISTRICT PENNINGTON COUNTY, SOUTH DAKOTA WHERE AS, the Official Return from the organizational election indicates the desire of the majority of the qualified voters voting in the proposed area to organize the Valley Heights Estate Road District: NOW, THERE FORE BE IT ORDERED, the Pennington County Commissioners declare that the Valley Heights Estate Road District is organized as a governmental subdivision of the State of South Dakota and a public body, corporate and political to be effective June 10, 2008 with taxing authority for the 2008 tax year and after. BE IT FURTHER ORDERED, that the Valley Heights Estate Road District be described as follows: Lots 4-12 inclusive of Block 1; Lots 1-16 inclusive of Block 2; Lots 1-18 inclusive of Block 3; Lots 5-23 inclusive Block 4; Lots 1-26 inclusive block 5; Lots 1-10 inclusive Block 6; Lots 1-5 inclusive Block 7; Lots 1-4 inclusive, Lot 5R, 6R, 7R & 8R and Lots 9-13 inclusive of Block 8; Lots 1-2 of Block 11; Lot 1 of 12; Lots 1-8 of Block 16; Lots 1-16 of Block 17; and Lost 1-12 of Block 18 and Lot 1 of Block 19 all of Valley Heights Estates Subdivision, BHM, Pennington County SD. Vote: Unanimous. Dated this 1st day of July, 2008. /s/Brenda Young, Chair Pennington County Commission ATTEST: /s/Julie A Pearson, Pennington County Auditor C. NEW ALCOHOLIC BEVERAGE LICENSE: MOVED by Holbrook and seconded by Trautman to approve a new Package (off-sale) Malt Beverage and SD Farm Wine license for Mt. Rushmore National Memorial; Xanterra Parks and Resorts, Inc. Vote: Unanimous. D. ALCOHOLIC BEVERAGE LICENSE RENEWAL: MOVED by Holbrook and seconded by Trautman to approve the renewal of the Retail (on-off sale) Malt Beverage License for Sugar Shack, Sugar Daddy’s LLC. Vote: Unanimous. E. RESOLUTION TO DISCHARGE LIENS WITH NO ACTIVITY FOR 30 YEARS: MOVED by Holbrook and seconded by Kjerstad to authorize the chairperson’s signature to the Resolution to Discharge County Aid Liens with No Activity for 30 Years. Vote: Unanimous. RESOLUTION TO DISCHARGE COUNTY AID LIENS WITH NO ACTIVITY FOR 30 YEARS WHEREAS, the Pennington County Commission has determined that it is in the County’s best interest to annual discharge those county aid liens with no activity for 30 years; and WHEREAS, as of July 1, 2008, there are 6,986 such liens totaling 1,563,562.20 as listed on a computer printout on file with the Pennington County Register of Deeds; now THEREFORE BE IT RESOLVED, by the Pennington County Board of Commissioners, that the Register of Deeds is hereby directed to discharge these liens with no activity for 30 years. Dated this 1st day of July, 2008. PENNINGTON COUNTY COMMISSION /s/Brenda Young, Chairperson ATTEST: /s/Cindy Mohler, Deputy Auditor F. EMPLOYEE HANDBOOK ADOPTION (Con’t from 6/17/08): MOVED by Trautman and seconded by Holbrook to direct the Sheriff to send a draft of his suggestions regarding the Employee Handbook to the other department heads for their input. Vote: Unanimous. SECTION 216-COMPENSATION ADMINISTRATION: MOVED by Trautman and seconded by Holbrook to accept the change to the new hire policy whereby new hires will be eligible for a possible merit increase after 6 moths of employment rather than after 12 months. Vote: Unanimous. SECTION 710-CLOTHING POLICY: MOVED by Trautman and seconded by Holbrook to approve the addition to the clothing policy that full-time employees with ten or more years of service will be allowed a $100.00 reimbursement of one additional pair of safety shoes/boots. If the employee’s safety shoes/boots are destroyed by an on-the-job accident they will be replaced by the county. If the employee’s safety glasses are destroyed by an on-the-job accident they will be replaced by the county. Vote: Unanimous. TIME OFF TO VOTE: MOVED by Trautman and seconded by Kjerstad to accept change in the policy for time off to vote from the employee being paid for the time off to vote to not being paid for time off to vote. Vote: Unanimous. ITEMS FROM THE SHERIFF A. PURCHASE IN-CAR DIGITAL RECORDERS: MOVED by Holbrook and seconded by Trautman to authorize the Sheriff’s Department to purchase in-car digital recorders off of the City of Rapid City’s bid which was awarded to L-3 Communications Mobile-Vision, Inc., 90 Fanny Rd., Boonton, New Jersey, at a total cost of $40,220. Vote: Unanimous. B. PURCHASE OF MOBILE DATA TERMINALS-HOMELAND SECURITY: MOVED by Holbrook and seconded by Trautman to approve the purchase of Mobile Data Terminals by the Sheriff’s Department with Homeland Security Funds. Vote: Unanimous. ITEMS FROM BUILDING AND GROUNDS A. COURTHOUSE PRESERVATION PLAN AND BUDGET SUPPLEMENT (SP08-011): MOVED by Trautman and seconded by Kjerstad to authorize the chair’s signature to the acceptance letter for the Johanna Favrot Grant in the amount of $5,000 with matching dollar requirements to come from Old Courthouse Designated Reserves in the Accumulated Building Fund and to authorize the chair’s signature to the Four Front Design Inc. proposal for services to produce a Historic Building Preservation Plan for the Pennington County Courthouse and to schedule a hearing to supplement the Accumulated Building Fund Courthouse Preservation Budget in the amount of $17,590 from designated cash reserves ($10,590) and current year grant revenues ($7,000) at 9:15 a.m. on Tuesday, July 15, 2008. Vote: Unanimous. ITEMS FROM EMERGENCY MANAGEMENT A. STATE DEPARTMENT OF HEALTH - CITY READINESS INITIATIVE GRANT: MOVED by Trautman and seconded by Young to authorize the chair’s signature on the grant agreement with the State of South Dakota for the SD Department of Health - City Readiness Initiative Grant for $100,000. Vote: Unanimous. B. ANNUAL STATE AND LOCAL AGREEMENT ADDENDUM: MOVED by Trautman and seconded by Holbrook to approve the Fiscal Year 2008 State and Local Agreement Addendum for Emergency Management between the State of South Dakota and Pennington County and further move to authorize the chair’s signature thereto. Vote: Unanimous. ITEMS FROM THE FIRE ADMINISTRATOR A. BID AWARD FOR GEL APPLICATION SYSTEMS: MOVED by Holbrook and seconded by Trautman to award the bid to Dakota Fire Systems, Rapid City, South Dakota, as the only bid received, for the following items: Portable Gel System w/2 hours training and 5 gallons of gel for training, $8,970 each; Receiver Hitch Gel System w/2 hours training and 5 gallons of gel for training, $13,650 each; OEM/Retro Fit Gel System w/2 hours training and 5 gallons of gel for training, $14,950 each. Vote: Unanimous. (Bids are on file in the Fire Administrator’s Office) BUDGET SUPPLEMENT (SP08-010): MOVED by Holbrook and seconded by Kjerstad to schedule a Budget Supplement Hearing for 9:15 a.m. on Tuesday, July 15, 2008, to supplement the County Fire Fund Operating Budget from cash reserves in the amount of $50,000. Vote: Unanimous. FIREWORKS PERMIT REQUEST – BH SPEEDWAY: MOVED by Holbrook and seconded by Kjerstad to approve the Fireworks Permit for Black Hills Speedway with the condition that they have all of the required permits and paperwork to Denny Gorton, Fire Administrator, by 5:00 p.m. on Thursday, July 3, 2008. Vote: Holbrook and Kjerstad, yes. Trautman and Young, no. ITEMS FROM WEED & PEST A. WEST NILE VIRUS GRANT: MOVED by Kjerstad and seconded by Trautman authorize Scott Guffey, Weed & Pest Director, to ask the City of Rapid City for $20,000 of the $40,000 they received in West Nile Virus Grant funds in order to support the County’s West Nile Budget and to share those funds with other communities in Pennington County that did not receive said grant funds. Vote: Unanimous. LIEN RELEASE REQUEST (JTH): MOVED by Holbrook and seconded by Trautman to continue this item to the July 15, 2008, Board of Commissioners' meeting. Vote: Unanimous. 2009 PROVISIONAL BUDGET MOVED by Kjerstad and seconded by Holbrook to continue the discussion on drainage reserve until a later date to gather more information on the drainage plan and to address it sometime before the final budget is passed in September. Vote: Unanimous. MOVED by Trautman and seconded by Holbrook not to include funds for the equipment reserve in the 2009 budget. Vote: Unanimous. BOARD OF ADJUSTMENT MOVED by Holbrook and seconded by Kjerstad to convene as a Board of Adjustment. Vote: Unanimous. A. VARIANCE 08-13: Applicant awaiting a letter so item was moved to the end of the Planning and Zoning Items. MOVED by Trautman and seconded by Holbrook to adjourn as a Board of Adjustment and reconvene as a Board of Commissioners. Vote: Unanimous. PLANNING AND ZONING B. VACATION OF EASEMENT 08-04: Applicant awaiting a letter so item was moved to the end of the Planning and Zoning Items. C. VACATION OF EASEMENT / VE 08-03: Curtis Smith. To vacate a portion of a non- access easement to allow a 32-foot-wide driveway access in accordance with the Pennington County Zoning Ordinance. Lot 2, Merchen Estates, Section 21, T2N, R6E, BHM, Pennington County, South Dakota. MOVED by Holbrook and seconded by Trautman accept the recommendation of staff to approve VA 08-03 with the following three conditions: 1. That the applicant records the instrument of vacation at the Register of Deeds office; 2. That the existing approach off of Hazel Lane be abandoned; and, 3. That only one (1) approach to the property be allowed. Vote: Unanimous. D. RELEASE OF SURETY FOR FINAL PLAT / PL 05-35: Gene Quinn. MOVED by Trautman and seconded by Kjerstad to release the $500 surety for PL 05-35. Vote: Unanimous. E. PLANNED UNIT DEVELOPMENT REVIEW / PU 06-04: Cheyenne River Ranchettes, Doug Groves - Agent. To review a Planned Unit Development in accordance with Section 508 and 213 of the Pennington County Zoning Ordinance. Lots 1-7 and Drainfield Lot, Burlington Estates, Section 14, T1S, R4E, BHM, Pennington County, South Dakota. MOVED by Trautman and seconded by Holbrook accept the recommendation of the Planning Commission to approve the extension of PUD 06-04 with the following twenty-three conditions: 1. That the Planned Unit Development consists of seven (7) lots with a minimum lot size of 2 acres; 2. That the Planned Unit Development consists of either a single-family residence or a vacation home with accessory structures and all structures are to be stick-built. These lots may be used for a single-family residence or vacation home. No other commercial or industrial use will be allowed; 3. That the maximum occupancy of a single-family residence or vacation home be limited to two (2) people per bedroom, plus two (2) additional people; 4. That the setbacks for the Planned Unit Development be 25 feet from all property lines; 5. No structure shall exceed three stories or 35 feet in height except as allowed in Section 204 (F) of the Zoning Ordinance; 6. That each unit has smoke/heat detectors and fire extinguishers on each level and two means of escape; 7. That each unit has an individual address that must be posted in accordance with Pennington County Ordinance Amendment #20; 8. That a minimum of two (2) parking spaces be provided for each residence measuring at least 9 feet by 18 feet and be maintained in a dust free manner; 9. That Building Permits be obtained for any structure 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; 10. 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; 11. That prior to the construction or dirt work within the 100-year floodplain, the applicant must obtain approval of a Floodplain Development Permit; 12. That a Registered Professional Engineer designs all septic systems based on soil percolation, soil profile information and possible use as a vacation home; 13. That no drainfield be located within the areas designated as 100-year floodplain; 14. That a Road District be formed to maintain the interior roads; 15. That the internal roads and parking spaces be maintained in a dust free manner, repaired as needed and kept free from snow either by a Road Association, Homeowner’s Association, or by the developer; 16. That vacant lots shall be maintained by the owner or sub- developer at the owner or sub-developer’s expense, including, but not limited to, mowing, fire safety and control of noxious weeds and insects; 17. That weeds shall be controlled and weed control products shall be in accordance with appropriate local, state and federal laws; 18. That all exterior lighting must be low level subdued intensity, which does not result in excessive glare upon the street, neighboring residential property, or U.S Forest Service Property; 19. That no signs or off-premise signs of any kind shall be displayed to the public view on any lot except an appropriate sign for identification and addressing of the residence be allowed within the Planned Unit Development; 20. That a traditional wastewater system be allowed on Lot 7; 21. That DENR approve the proposed location of the wastewater disposal system on Lot 7; 22. That proposed Lots 3 and 6 be a mound system; and, 23. That this Planned Unit Development be reviewed in three (3) years or on a complaint basis. Vote: Unanimous. F. LAYOUT PLAT / PL 08-28: Donald Sachs; Heald Land Surveying – Agent. To create Tracts 1 and 2 of Sachs Subdivision in accordance with Section 400.1 of the Pennington County Subdivision Regulations. EXISTING LEGAL: GL 15-16; S1/2N1/2SW1/4 NW1/4; S1/2SW1/4NW1/4; Lot 2 of Tract 0017 (Also in Section 12), Section 1, T2S, R4E, BHM, Pennington County, South Dakota. PROPOSED LEGAL: Tract 1 and Tract 2, Sachs Subdivision, Section 1, T2S, R4E, BHM, Pennington County, South Dakota. MOVED by Holbrook and seconded by Trautman accept the recommendation of the Planning Commission to approve PL 08-28 with the following nine conditions: 1. That prior to County Board approval of the Final Plat, engineered road construction plans be submitted for the 40 foot access easement or a Subdivision Regulations Variance be obtained waiving this requirement; 2. That prior to County board approval of the Final Plat, the 40 foot access easement be improved to a minimum of Local Road Standards, which includes a minimum driving surface of 20 feet and minimum of 4 inches of gravel or a Subdivision Regulations Variance be obtained waiving this requirement; 3. That prior to Preliminary Plat submittal, the applicant submits percolation tests and soil profile information to be reviewed and approved by the Environmental Planner or obtain approval of a Subdivision Regulations Variance waiving this requirement; 4. That prior to County Board approval of the Final Plat, both Owners’ Certificates be on the plat and the title corrected to read: “located in W1/2”; 5. That the Section Line Highway be improved to Ordinance 14 Standards or a Subdivision Regulations Variance obtained waiving this requirement; 6. That prior to County Board approval of the Final Plat, the applicant must obtain an Approach Permit from South Dakota Department of Transportation; 7. That at the time of submittal of the Preliminary Plat, the applicant submit topography at 2 foot contour intervals or approval of a Subdivision Regulations Variance be obtained waiving this requirement; 8. That at time of submittal of the Preliminary Plat, the applicant must submit information in regards to water supply; and, 9. That prior to filing the plat with Register of Deeds, Tract 2 be rezoned to Limited Agriculture District or a Lot Size Variance be obtained. Vote: Unanimous. G. PLANNED UNIT DEVELOPMENT REVIEW / PU 06-05: Double Q Properties, LLC, Gene Quinn - Agent. To review a Planned Unit Development to allow for 15 residential lots in accordance with Section 508 and 213 of the Pennington County Zoning Ordinance. Tract A of Government Lot 1, Tract A of Government Lot 2, Section 18, T1N, R7E, BHM, Pennington County, South Dakota. MOVED by Holbrook and seconded by Kjerstad accept the recommendation of the Planning Commission to approve the extension of PU 06-05 with the following twenty-one conditions: 1. That the Planned Unit Development consists of no more than 15 residential lots with a minimum lot size of ½ acre; 2. That only one stick-built, single-family residence, per lot, be allowed within the development; 3. That no residential structures will be allowed on any of the common lots; 4. That all residence or accessory structures with restrooms will be connected to a community water system and public sewage system; 5. That the existing septic system be identified and closed in accordance to the South Dakota Department of Environment and Natural Resource’s Chapter 74:53:01; 6. That prior to any Building Permit being approved, all interior roads will be at least 25 feet in width, paved with curb and gutter, or as approved by the City of Rapid City; 7. That a minimum of two (2) off-street parking spaces be provided for each residential lot. All off-street parking spaces on the site shall measure at least nine (9) feet by eighteen (18) feet, be surfaced with gravel, concrete, or asphalt and maintained in such a manner that no dust will result from continuous use; 8. That no off-premise signs be allowed within the Planned Unit Development; 9. 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; 10. 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; 11. That the required minimum setbacks for all structures be the same as a Suburban Residential District in accordance to Section 208-F of the Pennington County Zoning Ordinance; 12. That each unit has an individual address that must be posted in accordance with Pennington County Ordinance Amendment #20; 13. That prior to any Building Permits being issued to the property, the applicant installs an operational centralized water system with fire hydrants and water mains of adequate size to provide 1,000 gallons per minute for 2 hours or as approved by the Pennington County Fire Coordinator and the Rapid City Fire Chief or his designee; 14. The applicant must control storm water with detention ponds or any other approved method by the Pennington County Drainage Engineer; 15. That prior to County Board approval, the applicant provides documentation of approach approval from the South Dakota Department of Transportation; 16. That prior to the first Building Permit being issued, a Road District be formed to maintain the road system; 17. That the developer must maintain the common area in a way as not to cause a nuisance until a Homeowner’s Association is formed, at which time, the Homeowner’s Association will maintain the common area in a way as not to cause a nuisance; 18. That prior to County Board approval, the applicant submits a road name for the interior road that is to reviewed and approved by the Emergency Service Communication Center; 19. That this Planned Unit Development be reviewed in one (1) year or on a complaint basis; 20. That Blake Road be paved from the property to Highway 44 at a minimum of 25 feet of paved surface; and, 21. That no lot be further subdivided within the development. Vote: Unanimous. H. MINOR PLAT / PL 08-26 AND SUBDIVISION REGULATIONS VARIANCE / SV 08-09: Matt and Wendy Bender; Sperlich Consulting – Agent. To combine Lot 19R and Lot 20 to create Lot 20R, Block 5, The Ranch at Black Gap and to waive Section Line improvements in accordance with Section 400.3 of the Pennington County Subdivision Regulations. EXISTING LEGAL: Lot 19R and Lot 20, Block 5, The Ranch at Black Gap, Section 9, T1S, R8E, BHM, Pennington County, South Dakota. PROPOSED LEGAL: Lot 20R, Block 5, The Ranch at Black Gap, Section 9, T1S, R8E, BHM, Pennington County, South Dakota. MOVED by Trautman and seconded by Kjerstad accept the recommendation of the Planning Commission to approve SV 08-09 and PL 08-26 with the following four conditions: 1. That all the conditions of Planned Unit Development / PU 98-25 continue to be met; 2. That approved On-Site Wastewater Construction Permits be obtained prior to any engineered wastewater system being installed or the issuance of any Building Permits; 3. That prior to County Board approval of the Minor Plat, the applicant provide documentation ensuring the natural drainage ways will be maintained on the property; and, 4. That the Section Line be improved to Ordinance 14 Standards, vacated or a Subdivision Regulations Variance obtained waiving this requirement. Vote: Unanimous. I. PRELIMINARY PLAT / PL 08-29: Cheyenne River Ranchettes; Sperlich Consulting – Agent. To create Lot 1R of Three Forks Subdivision in accordance with Section 400.2 of the Pennington County Subdivision Regulations. EXISTING LEGAL: Wisconsin Placer Lot B (NW1/4), Lot D, E, and F and Three Forks Subdivision Lots 1 thru 14, Section 22, T1S, R5E, BHM, Pennington County, South Dakota. PROPOSED LEGAL: Lot 1R, Three Forks Subdivision, Section 22, T1S, R5E, BHM, Pennington County, South Dakota. MOVED by Holbrook and seconded by Kjerstad accept the recommendation of the Planning Commission to approve PL 08-29 with the following fourteen conditions: 1. That a revised site plan be submitted at the time of Final Plat submittal identifying all existing structures on-site, including all On-Site Wastewater Systems and easements; 2. That prior to County Board approval of the Final Plat, the applicant provides a Certificate of Completion for the improvements on the interior driveway which is to include 20 feet of driving surface with 4 inches of gravel; 3. That at the time of Final Plat submittal, the applicant provides the storage capacity and gallons per minute for the existing well(s) on the property; 4. That the emergency exit be clearly marked on-site; 5. That prior to submittal of the Final Plat, the fire pits located on the eastern property line must be removed and relocated; 6. That the applicant obtains approval from the South Dakota Wildland Fire Suppression Division for all fire pits located on-site. A copy of the approval letter shall be submitted at the time of Final Plat submittal; 7. That the applicant attempt to establish an easement between Lots 2 and 3 of Whaley Subdivision for the emergency exit; 8. That any RV site or tent sites located on any portion of the On-Site Wastewater Systems be removed; 9. That prior to County Board approval of the Final Plat, the applicant installs some type of barrier (i.e. fence, boulders) around the existing drainfield systems to prevent any parking and/or camping over the top of them; 10. That eight (8) foot utility easements be dedicated on the interior sides and rear of all lot lines on the Final Plats; 11. That prior to County Board approval of the Final Plat, the well house be relocated to meet the setback requirements of the Planned Unit Development; 12. That prior to the issuance of any future Building Permits, the applicant must apply for and obtain an approved Setback Variance for the encroachment of the Office Building within the front yard setback requirement. Administrative fees will be assessed at the time the Variance is applied for due to the covered walkway being constructed without an approved Building Permit; 13. That Black Hills Power’s rights to operate and maintain the power lines are not diminished or adversely affected in any way by the proposed subdivision; and, 14. That the applicant ensures all improvements stay within the private property boundaries. Vote: Holbrook, Kjerstad and Young, yes. Trautman, no. Motion passed 3 to 1. J. FINAL PLAT / PL 08-27: Double Q Properties, LLC; Gene Quinn – Agent. To reconfigure the existing lot lines to create Lots 2R-6R, Common Lot ER, and Common Well Lot of Block 2, The Reserve at Remington Ranch, in accordance with Section 400.3 of the Pennington County Subdivision Regulations. EXISTING LEGAL: Lots 2-6, and Common Area E, Block 2, The Reserve at Remington Ranch, Section 22, T1S, R5E, BHM, Pennington County, South Dakota. PROPOSED LEGAL: Lots 2R, 3R, 4R, 5R, 6R, Common Lot ER, and Common Well Lot of Block 2, The Reserve at Remington Ranch, Section 22, T1S, R5E, BHM, Pennington County, South Dakota MOVED by Trautman and seconded by Holbrook accept the recommendation of the Planning Commission to approve PL 08-27 with the following three conditions: 1. That prior to any work done within the boundaries of the 100-year floodplain, approval of a Floodplain Development Permit be obtained; 2. That the septic systems be designed by a Registered Professional Engineer; and, 3. That all drainfields meet a 100 foot setback from the flood fringe of Palmer Creek. Vote: Unanimous. K. FIRST READING AND PUBLIC HEARING OF REZONE / RZ 08-09 AND COMPREHENSIVE PLAN AMENDMENT / CA 08-04: Marvin Strom. To rezone .80 acres from Low Density Residential District to Suburban Residential District and to amend the Comprehensive Plan to change the Future Land Use from Low Density Residential District to Suburban Residential District in accordance with Section 508 of the Pennington County Zoning Ordinance. MOVED by Trautman and seconded by Kjerstad to continue this item to the August 5, 2008, Board of Commissioners’ meeting. Vote: Unanimous. L. DISCUSSION OF WAIVER OF FEES/REFUND: Alvin and Janet Peters: MOVED by Trautman and seconded by Kjerstad to deny the request to waive the assessed additional fees and refund payment. Vote: Unanimous. M. DISCUSSION OF WAIVER OF FEES/REFUND: Dacotah Federal Credit Union: MOVED by Trautman and seconded by Kjerstad to deny the request to waive the assessed additional fees and refund of payment. Vote: Unanimous. B. VACATION OF EASEMENT / VE 08-04: Three Forks Partners/Darrell Lich. To vacate a portion of the 8 foot wide utility and minor drainage easement to allow an existing deck to be built and to bring it into compliance with the Pennington County Zoning Ordinance. Lot 17, The Forks at Remmington Ranch, Section 22, T1S, R5E, BHM, Pennington County, South Dakota. MOVED by Holbrook and seconded by Kjerstad to approve VE 08-04 with the following conditions: 1. That the Vacation Document be filed at the Register of Deeds; 2. That the deck be allowed in its proposed location only if an approved Setback Variance is obtained allowing for the reduced setbacks; 3. That the non-access easement dedicated on the plat of the subject property continues to be respected; and 4. That the letter from Qwest agreeing to vacate the utility easement is received today. Vote: Holbrook, Kjerstad, yes. Young and Trautman, no. BOARD OF ADJUSTMENT MOVED by Trautman and seconded by Holbrook to convene as a Board of Adjustment. Vote: Unanimous. A: VARIANCE / VA 08-13: Three Forks Partners/Darrell Lich. To reduce the minimum required 25 foot front yard setback to 5 feet to allow for a deck in a Highway Service District in accordance with Sections 210 and 509 of the Pennington County Zoning Ordinance. Lot 17, The Forks at Remmington Ranch, Section 22, T1S, R5E, BHM, Pennington County, South Dakota. MOVED by Trautman and seconded by Kjerstad to continue this item to the July 15, 2008, Board of Commissioners' meeting. Vote: Unanimous. MOVED by Trautman and seconded by Holbrook to adjourn as the Board of Adjustment and reconvene as the Board of Commissioners. 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. EXECUTIVE SESSION PER SDCL 1-25-2 (1) (3)Personnel; Contractual MOVED by Trautman and seconded by Holbrook to convene in Executive Session. Vote: Unanimous. The Board remained in Executive Session from 1:16 p.m. until 1:52 p.m. MOVED by Trautman and seconded by Kjerstad to adjourn from Executive Session. Vote: Unanimous. MOVED by Holbrook and seconded by Trautman to grant the Sheriff an exception to the personal emergency leave policy for an employee concerning medical conditions. Vote: Unanimous. MOVED by Young and seconded by Trautman that effective July 15, 2008, Shannon Rittberger will be hired as the Director of Equalization at a wage of base plus two steps at grade 25 of the wage scale for Pennington County, $5,425. Vote: Unanimous. MOVED by Trautman and seconded by Holbrook to compensate Richard Rieck a total of $1,000 per month for the 5 months that he has been acting as the Director of Equalization for a total compensation of $5,000. Vote: Unanimous. PERSONNEL State’s Attorney’s Office: Effective June 16, 2008: Todd Hyronimus, $4,470.00. PAYROLL Commissioners, 15,602.51; Elections, 14,276.42; Auditor, 18,446.60; Treasurer, 42,455.98; Data Processing - Law, 11,646.03; Data Processing - General, 31,197.79; State's Attorney, 113,593.18; Public Defender, 76,840.13; Juvenile Diversion, 12,738.92; Victim's Assistance, 10,473.35; Buildings & Grounds, 86,309.08; Equalization, 51,784.75; Register of Deeds, 22,339.03; Sheriff, 255,131.33; Courthouse Security, 4,847.91; Service Station, 8,991.72; Arrest Grant, 10,253.14; HIDTA Grant, 8,351.80; CARE Budget, 10,768.08; Jail, 354,441.46; Jail Work Program, 4,456.82; Jail Medical, 3,104.34; Jail Maintenance, 10,309.88; Hill City Law, 10,723.15; Keystone Law, 4,894.75; New Underwood – Law, 3,599.98; School Liaison, 18,384.53; Wall Law, 10,237.74; JSC Teachers, 21,102.85; Home Detention, 6,789.38; Dispatch, 148,681.27; Ordinance, 3,181.99; Economic Assistance, 34,287.15; Mental & Alcohol-SAO, 6,611.26; Mental & Alcohol-HHS, 3,028.58; Alcohol & Drug, 129,549.43; Friendship House, 29,921.31; Prevention Program, 5,837.59; 24-7 Program, 14,722.80; Extension, 5,093.09; Weed & Pest, 18,696.97; West Nile, 1,341.57; Planning and Zoning, 20,258.49; Juvenile Services Center, 244,577.09; JSC Maintenance, 5,301.90; Highway, 194,385.14; Drug Seizure, 4,990.15; Fire Administration, 5,949.04; Emergency Management, 8,032.76; Emergency Management, 1,128.96 VOUCHERS Cardmember Services, 2,065.12; Verizon, 325.83; Knology, 3,132.66; Travel Connection, 4,305.92; Alltel, 1,084.38; BH Power, 2,185.79; City of Rapid City – Water, 8,036.08; MDU, 11,005.93; CBM Food Srvc, 68,013.50; Qwest, 7,455.81; UAP Distributing, 3,437.00; City of Hill City, 43.04; First Administrators, 176,188.97; Amerigas, 92.28. ADJOURN There being no further business the meeting was adjourned at 1:56 p.m. Julie A. Pearson, Auditor Publish: July 16, 2008 July 1, 2008 1