PENNINGTON COUNTY BOARD OF COMMISSIONERS MINUTES September 2, 2008 A meeting of the Pennington County Board of Commissioners was held on Tuesday, September 2, 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 Trautman and seconded by Schmidt to approve the agenda as amended, adding Jail Accreditation before Items From the Sheriff. Vote: Unanimous. REVIEW MINUTES MOVED by Kjerstad and seconded by Holbrook to approve the minutes of the August 19, 2008, Board of Commissioners' meeting as presented. Vote: Unanimous. ITEMS FROM AUDITOR A. SPECIAL MALT BEVERAGE LICENSE: MOVED by Schmidt and seconded by Trautman to approve a Special Malt Beverage Retail License for Black Hills German Goodtime Club, for the German Fall Fest to be held at 12620 Hwy 244, Hill City, South Dakota, on September 12th and 13th, 2008, from 11:00 a.m. until 12:00 a.m. Vote: Unanimous. B. BUDGET SUPPLEMENT REQUEST SP 08-012: MOVED by Trautman and seconded by Schmidt to schedule a hearing to supplement the General Fund ITS budget in the amount of $69,297 from designated equipment reserves at 9:15 a.m. on Tuesday, September 16, 2008. Vote: Unanimous. ITEMS FROM SHERIFF A. SURPLUS PROPERTY: MOVED by Schmidt and seconded by Holbrook to declare the following items as surplus for the purpose of trade for newer vehicles: 2001 Ford Crown Victoria, VIN 2FAFP71W61X144632, asset tag number 5208; 2002 Chevy Venture Van, 1GDNDX03E62D144272, asset tag no. 5382; 2003 Ford Crown Victoria, VIN 2FAHP71WX3X179962, asset tag no. 5403; 1998 Chevy Malibu, 1G1ND52M3W6231089, asset tag no. 4952. Vote: Unanimous. B. AUTHORIZATION TO ADVERTISE FOR BIDS- USED VEHICLES: MOVED by Schmidt and seconded by Trautman to authorize the Sheriff’s Office to advertise for bids for six 2007 or newer, used vehicles, and offer for trade four surplus vehicles. Vote: Unanimous. ITEMS FROM FIRE ADMINISTRATOR A. AUTOMATIC EXTERNAL DEFIBRILLATOR (AED) TRAINING: MOVED by Holbrook and seconded by Kjerstad to allow Pennington County employees to receive AED and CPR training during regular working hours with no overtime authorized. Vote: Unanimous. ITEMS FROM PUBLIC DEFENDER A. EXCEPTION TO THE WAGE POLICY: MOVED by Schmidt and seconded by Trautman to authorize an exception to the wage policy of a two step increase to Jodi Berger-McDermand, to $3,877. Vote: Unanimous. ITEMS FROM CENTRAL STATES FAIR A. RIGHT-OF-WAY PERMIT: MOVED by Schmidt and seconded by Trautman authorize the chair’s signature to the new Right-of-Way Permit for Black Hills Power, Inc. contingent upon the vacation of the previous easement. Vote: Unanimous. ITEMS FROM THE CHAIR A. DISCUSSION/DIRECTION HUMAN RESOURCE POSITION: MOVED by Trautman and seconded by Holbrook to appoint a four-member committee consisting of two Commissioners and two department heads to review the applications submitted for the HR director and report back with a recommendation to the Board at the September 16, 2008, Board of Commissioners’ meeting. Vote: Unanimous. B. COST OF COMMUNITY SERVICES – INITIAL PAYMENT: MOVED by Kjerstad and seconded by Trautman to authorize immediate payment of $6,250 to the University of Colorado for the Cost of Community Services. Vote: Unanimous. CUP REQUEST FOR NEW FIRE STATION – ROCHFORD FIRE DISTRICT (Gary Frohme, President): MOVED by Holbrook and seconded by Trautman to direct the Planning Department to issue a building permit for the Rochford Fire District Building, waiving all associated fees and costs, and further moved that the Fire District continue the Conditional Use Permit application process. Vote: Unanimous. COMMUNITY HEALTH CENTER OF THE BLACK HILLS – 2009 BUDGET ALLOCATION: MOVED by Holbrook that the Chair and Vice Chair meet with the Rapid City Regional Hospital Board of Directors to discuss additional funding for the Community Health Center. The motion died for lack of a second. MOVED by Schmidt to increase the budget from $50,000 to $80,000 and encourage other private and public entities to increase their contributions. The motion died for lack of a second. MOVED by Holbrook and seconded by Kjerstad that the Chair and Vice Chair meet with the Rapid City Regional Hospital Board of Directors to discuss funding, and further moved to provide an additional $25,000 subject to matching funds the City of Rapid City and Rapid City Regional Hospital. Kjerstad withdrew his second. The motion died for lack of a second. MOVED by Trautman and seconded by Schmidt to increase the budget line item for the Community Health Center from $50,000 to $80,000 for 2009 and further moved to participate in a joint effort to find community funding for future years. Vote: Unanimous. 10:00 A.M. PUBLIC HEARING – 2009 BUDGET MOVED by Schmidt and seconded by Holbrook to reinstate one FTE in the Pennington County Highway Department for reasons given at today’s meeting. Vote: Unanimous. MOVED by Trautman and seconded by Kjerstad to approve the adoption of Pennington County’s 2009 Budget Resolution in the amount of $65,101,355, including the changes from the Provisional Budget listed below. Vote: Unanimous. Changes to Provisional Budget total of $65,159,000 – Expenditures: $30,000 increase for RC Community Health Center, $105,200 reduction in the JSC education budget, $16,448 increase for the Rapid City Library, $819 increase for the Wall Library, $288 increase for the Keystone Library; Revenues – reduce Bus Fines by $4,000, increase Joint Powers Agreement by $15,000; reduce Teen Court Fees by $700, reduce Mental Investigative Fees by $5,000, reduce Fees From Rapid City Schools by $15,000, reduce Federal Payments in Lieu by $450,000, reduce JSC Education from RCASD by $105,200. Adoption of the 2009 Annual Budget for Pennington County, South Dakota WHEREAS, SDCL 7-21-5 through 13, inclusive, requires the Board of County Commissioners to prepare a Budget for the next calendar year of all estimated expenditures and revenues for the departments of the County, and WHEREAS, a Provisional Budget was prepared, approved and published with a legal notice to the public of the meeting of the Board of County Commissioners for the consideration of such Budget and all changes have been made. NOW THEREFORE BE IT RESOLVED, that such provisional budget as amended shall be approved as the Annual Budget of Appropriations, Expenditures and Revenues for Pennington County for calendar year January 1, 2009 through December 31, 2009, The annual budget so approved in the amount of $65,101,355 is available for public inspection during normal business hours at the office of the County Auditor, Julie A. Pearson, 315 St. Joseph Street, Rapid City, South Dakota. PENNINGTON COUNTY BOARD OF COMMISSIONERS The Board recessed from 11:04 a.m. until 11:15 a.m. BOARD OF ADJUSTMENT MOVED by Trautman and seconded by Kjerstad to convene as a Board of Adjustment. Vote: Unanimous. RECONSIDERATION OF VARIANCE / VA 08-18: MBJ HOA/Myron Barker, Agent. To reduce the minimum required lot size from 40 acres to 19 acres in a General Agriculture District in accordance with Sections 205 and 509 of the Pennington County Zoning Ordinance. The NE1/4SW1/4 less DW Hansen Tract, less Tract Sires and less Right-of-Way, Section 33, T1N, R4E, BHM, Pennington County, South Dakota. MOVED by Young and seconded by Kjerstad to reconsider Variance / VA 08-18. Vote: Unanimous. MOVED by Young and seconded by Trautman to approve Variance V / 08-18 with the following condition: 1. 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. A. VARIANCE / VA 08-20: Todd and Judith Tobin. To reduce the minimum required 25-foot front yard setback to 10 feet to allow for an addition in a Suburban Residential District in accordance with Sections 208 and 509 of the Pennington County Zoning Ordinance. Lots 1-3, Block 6, Silver City, Section 31, T2N, R5E, BHM, Pennington County, South Dakota. MOVED by Holbrook and seconded by Trautman to accept staff recommendation to approve VA 08-20 with the following two conditions: 1. 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; and, 2. That this Variance only applies for the portion of the setback requirement that will be encroached upon by construction of the addition and deck onto the single-family residence along Sherman Street. All other structures must maintain the proper setback requirements or obtain separate Variance(s) for that structure. Vote: Unanimous. B. VARIANCE / VA 08-21: Chad Stevens/Angela Sawyer; Brad Stevens, Agent. To reduce the minimum front yard setback to 33 feet from 58 feet along a Section Line to allow for an addition to the garage in a General Agriculture District in accordance with Sections 205 and 509 of the Pennington County Zoning Ordinance. MOVED by Schmidt and seconded by Trautman to continue Variance / VA 08-21 to the September 16, 2008, Board of Commissioners’ meeting. Vote: Unanimous. C. VARIANCE / VA 08-23: Roger Bettcher/Myrtle Riddle; Wade Nyberg, Agent. To reduce the minimum required lot size from 40 acres to 19 acres in a General Agriculture District in accordance with Sections 205 and 509 of the Pennington County Zoning Ordinance. The SE1/4NE1/4, Section 30, T2N, R10E, BHM, Pennington County, South Dakota. MOVED by Holbrook and seconded by Trautman to approve VA 08-23 with the following six conditions: 1. That the applicant plat the proposed lot reconfiguration with the City of Box Elder and record the plat at the Register of Deeds’ Office; 2. That 33 feet of public right-of-way be dedicated from the center of the Section Line along the east property boundary of the proposed 19 acre lot; 3. That the northern balance of the existing 40 acre lot, described as the SE1/4NE1/4, not being included in the boundaries of the proposed 19 acre lot be combined with the adjacent 40 acre lot to the west to create a 60 acre lot and deeded at the same time the proposed 19 acre lot is deeded so that the applicant does not create an illegal lot from the balance of the proposed 19 acre lot; 4. That an approved Floodplain Development Permit be obtained prior to any work that is to be done within the boundaries of the 100-year Floodplain; 5. That the address be posted at both the driveway and on the residence itself in accordance with Ordinance #20; and, 6. 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. D. VARIANCE / VA 08-24: Larry Olson. To reduce the minimum side yard setback from 8 feet to 2 feet to allow for construction of an attached deck and to reduce the side yard setback from 8 feet to 5 feet and a rear yard setback from 5 feet to 2 feet for an existing detached garage and rear year setback from 25 feet to 18 feet for an existing porch attached to the residence in a Suburban Residential District in accordance with Sections 208 and 509 of the Pennington County Zoning Ordinance. Lot 6 Revised, Block 6, Silver City, Section 31, T2N, R5E, BHM, Pennington County, South Dakota. MOVED by Trautman and seconded by Kjerstad to accept staff recommendation to approve VA 08-24 with the following two conditions: 1. 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; and, 2. That this Variance only applies for the portion of the setback requirement that is relating to the existing garage and construction of a deck to the existing residence. All other structures must maintain the proper setback requirements or obtain separate Variance(s) for that structure. Vote: Unanimous. MOVED by Kjerstad and seconded by Schmidt to adjourn from a Board of Adjustment and reconvene as a Board of Commissioners. Vote: Unanimous. PLANNING AND ZONING E. VACATION OF EASEMENT / VE 08-05: Larry and Terry Schfcik; Joan Berner, Owner. To vacate 15 feet of a 40 foot access easement to allow for a garage to be constructed on the subject property in accordance with the Pennington County Zoning Ordinance. Lot 1, Block 2, Rimrock Heights, Section 5, T1N, R6E, BHM, Pennington County, South Dakota. MOVED by Trautman and seconded by Kjerstad to continue VE 08-05 to the September 16, 2008, Board of Commissioners’ meeting. Vote: Unanimous. F. MINOR PLAT / PL 08-40: Cheyenne River Ranchettes; Anderson Engineers – Agent. To reconfigure existing lot lines in accordance with Section 400.3 of the Pennington County Subdivision Regulations. EXISTING LEGAL: Lot 1, 2, and 6 of Burlington Estates Subdivision, Section 14, T1S, R4E, BHM, Pennington County, South Dakota. PROPOSED LEGAL: Lots 1R, 2R, and 6R of Burlington Estates Subdivision, Section 14, T1S, R4E, BHM, Pennington County, South Dakota. MOVED by Holbrook and seconded by Kjerstad to accept the recommendation of the Planning Commission to approve PL 08-40 with the following eight conditions: 1. That the plat document be revised to show the boundaries of the 100-year floodplain prior to County Board approval of the Minor Plat; 2. That the plat document be revised to include a notation to read: “Prior to any work being done within the limits of the 100-year floodplain, an approved Floodplain Development Permit must be obtained” prior to County Board approval of the Minor Plat; 3. That an approved Floodplain Development Permit be obtained prior to any work that is to be done within the boundaries of the 100-year Floodplain; 4. That the heading on the plat document be changed to read: “Lots 1R, 2R, 6R, and Revised Lowden Mountain Court Right-of- Way of Burlington Estates Subdivision…” prior to County Board approval of the Minor Plat; 5. That Certificate of Ownership Blocks be included on the Minor Plat document for all property owners of the reconfigured lots and the Minor Plat be signed by all affected property owners, including the owner of proposed Lot 6, prior to filing of the Minor Plat at the Register of Deeds; 6. That all on-site wastewater systems on the proposed lots be designed and certified by an engineer and be accompanied by engineered soil profile information and percolation tests; 7. That any on-site wastewater system located within the boundaries of the 100-year floodplain be approved by the South Dakota Department of Environment and Natural Resources; and, 8. That prior to approval of the Minor Plat by County Board, the applicant files a Maintenance Agreement in a form satisfactory to the State’s Attorney to ensure the satisfactory condition of the required improvements for a period of five (5) years after the date-of-acceptance by the Board. Vote: Unanimous. G. FINAL PLAT / PL 08-39: Donald Sachs; Heald Land Surveying – Agent. To create two tracts in accordance with Section 400.3 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 08-39 with the following condition: 1. 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. H. FIRST READING AND PUBLIC HEARING OF PLANNED UNIT DEVELOPMENT AMENDMENT / PU 08-09: William and Sharon Gikling; Gerald Larson (Unique Signs) – Agent. To amend the Planned Unit Development to change the advertising on an existing illuminated sign located on the property from on-premise to off-premise advertising and to also reduce the required distance to the nearest dwelling unit from 1,500 feet to 0 feet, to reduce the required distance to the nearest off-premise sign from 1,500 feet to 500 feet, and to enlarge the maximum size limit for an off-premise sign from 250 feet to 480 feet in accordance with Section 213 of the Pennington County Zoning Ordinance. MOVED by Holbrook and seconded by Trautman to continue this item to the September 16, Board of Commissioners’ meeting. Vote: Unanimous. I. FIRST READING AND PUBLIC HEARING OF PLANNED UNIT DEVELOPMENT / PU 08-08: CMR, LLC; Dale Froehlich – Agent. To rezone 200 acres from General Agriculture District to a Planned Unit Development to allow for 31 lots in accordance with Section 213 of the Pennington County Zoning Ordinance. The SW1/4SW1/4 of Section 25; the N1/2NW1/4 less ROW of Section 36; and the S1/2, SE1/4 and the SE1/4SW1/4 of Section 26, all located in T1S, R3E, BHM, Pennington County, South Dakota. MOVED by Holbrook to approve the first reading of PU 08-08 with the 20 conditions recommended by the Planning Commission. The motion died for lack of a second. MOVED by Holbrook and seconded by Kjerstad to continue PU 08-08 to the September 16, 2008, Board of Commissioners’ meeting. Vote: Unanimous. J. SECOND READING OF ORDINANCE AMENDMENT / OA 08-01: SUBDIVISION REGULATIONS VARIANCE – Pennington County. MOVED by Schmidt and seconded by Trautman to continue the second reading of OA 08-01 to the September 16, 2008, Board of Commissioners’ meeting pursuant to the request of the Planning Director. Vote: Unanimous. MISCELLANEOUS A. APPROVE VOUCHERS: MOVED by Kjerstad and seconded by Holbrook 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. Holbrook left the meeting at 1:15 p.m. The Board remained in Executive Session from 12:35 p.m. until 1:55_ p.m. MOVED by Trautman and seconded by Kjerstad. to adjourn from Executive Session. Vote: Unanimous. MOVED by Trautman and seconded by Schmidt to approve a temporary reclassification of Lea Thibeau to Grade 18a for 20 hours a week for a period of one year or less, effective with the September pay period. Vote: Unanimous. PERSONNEL Equalization: Effective September 1, 2008: Richard Schuttler, 3,336.00; Curtis Westby, 3,774.00; William Marx, 3,336.00; Sheriff: Temporary Staffing for Central States Fair: Larry Peterson, 18.33/hr; James Ronfeldt, 18.33/hr; Justin Wickersham, 18.33/hr; Darren Patterson, 18.33/hr; Chris Stickler, 18.33/hr; Shawn Stalder, 18.33/hr; James Hogue, 18.33/hr; Scott Nelson, 18.33/hr; Public Defender: LaDonna Niemann, 3,877.00. PAYROLL Commissioners, 15,676.50; Elections, 12,491.30; Auditor, 17,557.63; Treasurer, 49,059.75; Data Processing - Law, 11,551.10; Data Processing - General, 28,481.48; State's Attorney, 122,989.81; Public Defender, 80,977.90; Juvenile Diversion, 12,324.16; Victim's Assistance, 10,663.09; Buildings & Grounds, 88,546.12; Equalization, 52,315.48; Register of Deeds, 22,221.65; Sheriff, 258,628.84; Courthouse Security, 5,606.95; Service Station, 8,443.41; Arrest Grant, 6,764.66; HIDTA Grant, 8,433.77; CARE Budget, 10,968.12; Jail, 363,511.35; Jail Work Program, 6,117.07; Jail Medical, 3,181.92; Jail Maintenance, 10,529.97; Hill City Law, 10,966.57; Keystone Law, 4,981.13; New Underwood – Law, 3,751.40; School Liaison, 18,521.01; Wall Law, 10,722.72; JSC Teachers, 21,662.85; Home Detention, 7,013.17; Dispatch, 137,669.82; Ordinance, 3,261.59; Economic Assistance, 37,891.52; Mental & Alcohol-SAO, 6,684.25; Mental & Alcohol-HHS, 3,028.58; Alcohol & Drug, 126,718.78; Friendship House, 30,451.25; Prevention Program, 5,911.42; 24-7 Program, 10,637.09; Extension, 4,932.74; Weed & Pest, 19,353.30; West Nile, 2,986.92; Planning and Zoning, 22,411.51; Juvenile Services Center, 269,678.81; JSC Maintenance, 5,251.35; Highway, 185,124.77; Drug Seizure, 5,533.08; Fire Administration, 6,131.30; Emergency Management, 9,428.37; Emergency Management, 4.50. VOUCHERS SDACC, 320.00; Verizon, 3,377.22; Correctional Billing, 24.83; Alltell, 1,306.34; City of Hill City, 31.93; City of Rapid City – Water, 2,206.71; Knology, 7,899.36; Montana Dakota Utilities, 965.32; Cardmember Services, 1,991.14; Mid-States Organized, 200.00; McKie Ford, 12,995.00; CBM Food Service, 66,481.91; Qwest, 163.04; Pioneer Bank and Trust, 3,504.87; BH Power, 1,676.29; First Administrators, 121,875.17; Fish Garbage, 44.84; UAP Distribution, 505.00. ADJOURN There being no further business the meeting was adjourned at 1:55 p.m. Julie A. Pearson, Auditor Publish: September 17, 2008 September 2, 2008 1