PENNINGTON COUNTY BOARD OF COMMISSIONERS MINUTES September 16, 2008 A meeting of the Pennington County Board of Commissioners was held on Tuesday, September 16, 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 presented. Vote: Unanimous. REVIEW MINUTES MOVED by Schmidt and seconded by Schmidt to approve the minutes of the September 2, 2008, Board of Commissioners’ meeting with the following amendment: Remove “and further move to participate in a joint effort to find community funding for future years” from the motion regarding Community Health Center funding for 2009. Vote: Unanimous. ITEMS FROM THE AUDITOR B. ALCOHOL LICENSE: MOVED by Holbrook and seconded by Kjerstad to approve a new Retail (on-off sale) Malt Beverage License for Into the Woods, Stephanie Nye. Vote: Unanimous. C. LIEN RELEASE REQUEST – BK: MOVED by Trautman and seconded by Kjerstad to deny the lien release request from (name withheld per SDCL 28-13-42). Vote: Unanimous. D. LIEN RELEASE REQUEST – JP: MOVED by Kjerstad and seconded by Schmidt to deny the lien release request from (name withheld per SDCL 28-13-42). Vote: Unanimous. A. 9:15 A.M. BUDGET SUPPLEMENT HEARING SP 08-012: MOVED by Schmidt and seconded by Trautman to supplement the 2008 General Fund ITS budget in the amount of $69,297 from designated ITS Equipment Reserves. Vote: Unanimous. E. ROAD DISTRICT: MOVED by Schmidt and seconded by Trautman to approve Falcon Crest Estates Road District based on one hundred percent of the property owners signing the petition to form said road district and further move to authorize the Order for Incorporation for Falcon Crest Estates Road District to be effective for the 2009 tax year and thereafter. Vote: Unanimous. ORDER FOR ORGANIZATION AND INCORPORATION OF THE FALCON CREST ESTATES ROAD DISTRICT PENNINGTON COUNTY, SOUTH DAKOTA WHEREAS, all resident registered voters and property owners that are within the proposed district boundaries have agreed to and petitioned for the organization of the Falcon Crest Estates Road District. AND WHEREAS, said petitions indicate the desire of all qualified voters and landowners within the proposed boundaries to organize the Falcon Crest Estates Road District NOW, THEREFORE, BE IT ORDERED, that the Pennington County Commission acknowledge and declare the Falcon Crest Estates Road District to be organized and established as a governmental subdivision of the State of South Dakota and a public body, corporate and political to be effective as of today’s date with taxing authority for the 2009 tax year and after. BE IT FURTHER ORDERED, that the Falcon Crest Estates Road District be described as follows: Tracts A, B & C of Falcon Crest Subdivision located in the E1/2W1/2SW1/4 and the W1/2E1/2 of SW1/4 all located in Section 32, T1N R7E BHM Pennington County, SD Dated this 16th day of September 2008. /s/Brenda Young Chair, Pennington County Commission ATTEST: /s/Cindy Mohler, Deputy Auditor ITEMS FROM THE SHERIFF A. BID AWARD – USED VEHICLES: MOVED by Holbrook and seconded by Trautman to award the bid for four 2008 Chevy Malibus at a cost of $13,500 per vehicle and one 2008 Chevy Uplander at a cost of $13,975 to Rapid Chevrolet, Rapid City, South Dakota, and for one 2007 Buick Lacrosse at a cost of $13,493 from McKie Automotive, Rapid City, South Dakota. Vote: Unanimous. (Bid documents are on file in the Sheriff’s Office) B. EMPLOYEE HANDBOOK REVISIONS/ADOPTION: MOVED by Trautman and seconded by Schmidt to approve the Pennington County Employee Handbook effective immediately. Vote: Unanimous. ITEMS FROM EQUALIZATION A. ABATEMENT: MOVED by Schmidt and seconded by Kjerstad to approve the following abatement: 2008, Hagan, Clifton and Yvonne, $74.82. Vote: Unanimous. ITEMS FROM FIRE ADMINISTRATOR A. DONATION OF OLD PODIUM: MOVED by Holbrook and seconded by Trautman to declare the old podium that is located in the Commissioners’ meeting room as surplus for the purpose of donating it to Doty Volunteer Fire Department. Vote: Unanimous. ITEMS FROM HIGHWAY A. EGRESS AND INGRESS EASEMENT AGREEMENT: MOVED by Schmidt and seconded by Trautman to approve the Egress and Ingress Easement Agreement with the Federal Aviation Administration and authorize the chair’s signature thereto. Vote: Unanimous. B. SERVICES CONTRACT/AGREEMENT – HILL TOP LOT: MOVED by Trautman and seconded by Kjerstad to authorize the Highway Department to enter into the Services Contract/Agreement with the South Dakota Department of Game, Fish and Parks. Vote: Unanimous. PROPOSED SOUTH VALLEY DRIVE ANNEXATION: MOVED by Schmidt and seconded by Kjerstad to continue this item to the October 21, 2008, Board of Commissioners' meeting. Schmidt called the question. Roll call vote on calling the question: Holbrook, yes; Kjerstad, yes; Trautman, yes; Schmidt, yes; Young, yes. Vote on Motion: Unanimous. INITIATED MEASURE 10 MOVED by Trautman and seconded by Holbrook to authorize the chair’s signature to the proclamation opposing Initiated Measure 10. Vote: Unanimous. PENNINGTON COUNTY RESOLUTION Initiated Measure 10 Opposition Whereas, Initiated Measure #10 would prohibit any county from paying dues to any association that lobbies and would prohibit tax revenues from being used for lobbying or campaigning; Whereas, it is far more efficient and cost effective to join together with our fellow counties through the South Dakota Association of County Commissioners for coordinated communication with the Legislature than to have each county stand alone; Whereas, the costs to the taxpayers of having each county monitor, report, and travel to Pierre to participate in the Legislative Session would be much greater than any dues to the South Dakota Association of County Commissioners; Whereas, restricting the ability of South Dakotans to support candidates and communicate with their elected public officials is a violation of their right to freedom of speech; Whereas, Pennington County finds that county officials throughout South Dakota are dedicated, honest and ethical people with the best interests of their counties in mind and that counties take great pride in providing open, honest government to our citizens; Whereas, the thousands and thousands of South Dakotans who do business with the State, Cities, Counties, and other governmental entities should not be penalized for providing such services; Whereas, civic groups who work to better their community, and often require local funding to provide their services should not be prohibited from communicating their needs to local public servants; Now, therefore let it be resolved, that Pennington County strongly opposes Initiated Measure #10. Dated this 16th day of September, 2008 /s/Brenda Young, Chairperson ATTEST: /s/Cindy Mohler, Deputy Auditor 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. BOARD OF ADJUSTMENT MOVED by Kjerstad and seconded by Trautman to convene as a Board of Adjustment. Vote: Unanimous. A. 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. Part of Lot 4 (a piece of ground in the northwest corner 10 RDS x 16 RDS of 1 ac) less Right-of-Way, Section 6, T1S, R10E, BHM, Pennington County, South Dakota. MOVED by Trautman and seconded by Kjerstad to approve VA 08-21 with the following two conditions: 1. That future structures and utilities, including the on-site wastewater system, maintain proper setbacks to the proposed lot lines or else approved Variances be obtained; and, 2. 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. B. VARIANCE / VA 08-26: Donovan and Julie Broberg; ARC International – Agent. To reduce the minimum required side yard setback from 25 feet to 8 feet to bring an existing garage into compliance and to allow an attached storage addition to be constructed in a Low Density Residential District in accordance with Sections 207 and 509 of the Pennington County Zoning Ordinance. The SE1/4NE1/4, Section 30, T2N, R10E, BHM, Pennington County, South Dakota. MOVED by Schmidt and seconded by Trautman to approve VA 08-26 with the following three conditions: 1. That this Variance only applies for the portion of the side-yard setback requirements that are encroached upon by the existing garage and will be encroached upon by construction of the proposed storage addition onto the garage. All other structures must maintain the proper setback requirements or obtain separate Variance(s) for that structure; 2. That the address be posted at both the driveway and on the residence itself in accordance with Ordinance #20; 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. VARIANCE / VA 08-25: Joan Berner; Theresa Pearson – Agent. To reduce the minimum required access easement width from 50 feet to 35 feet in a Suburban Residential District to allow 15 feet to be vacated from a 50 foot access easement in accordance with Sections 208 and 509 of 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 Holbrook to approve VA 08-25 with the following two conditions: 1. That future structures and utilities, including the on-site wastewater system, maintain proper setbacks to the proposed lot lines or else approved Variances be obtained; and, 2. 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. MOVED by Trautman and seconded by Young to adjourn as a Board of Adjustment and reconvene as a Board of Commissioners. Vote: Unanimous. PLANNING AND ZONING D. VACATION OF EASEMENT / VE 08-05: Larry and Terry Schefcik; 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 Holbrook and seconded by Trautman to approve VE 08-05 with the following three conditions: 1. That future structures and utilities, including the on-site wastewater system, maintain proper setbacks to the proposed lot lines or else approved Variances be obtained; and, 2. 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, 3. That the Vacation document be filed at the Register of Deeds. Vote: Unanimous. E. ROAD NAME CHANGE: To change the road name of Ike Road to Eleanor Drive. MOVED by Schmidt and seconded by Trautman to accept the recommendation of the Planning Commission to approve the road name change from Ike Road to Eleanor Drive. Vote: Unanimous. A RESOLUTION APPROVING THE ROAD NAME CHANGE: IKE ROAD TO ELEANOR DRIVE WHEREAS, the Board of County Commissioners of Pennington County, South Dakota, seeks to reassign the name of a public right-of-way from Ike Road to Eleanor Drive. Said public right- of-way is located in Section 17, T2S, R7E, BHM, Pennington County, South Dakota, begins approximately one-fifth (1/5) of a mile north of Highway 40 off of Rushmore Ranch Road, runs north and west for a distance of approximately one-fifth (1/5) of a mile, and provides access to properties located in Sections 17 & 18, T2S, R7E, BHM, Pennington County, South Dakota. WHEREAS, this public right-of-way was originally named Ike Road during the initial development of Rushmore Ranch Estates, but the developer of the next phase of Rushmore Ranch Estates, which contains the land that the above-described public right-of-way provides access to, would like to change the road name to Eleanor Drive; WHEREAS, the private developer requesting the road name change will be extending the above- described public right-of-way into Phase III of Rushmore Ranch Estates; WHEREAS, no addresses have been assigned off of Ike Road and no properties take access off of Ike Road other than those owned by the private developer requesting the road name change; WHEREAS, the proposed road name is not currently in use by any other roads in Pennington County and the Emergency Services Communication Center has verified the name, Eleanor Drive, is acceptable to use; and, NOW, THEREFORE, BE IT RESOLVED by the County of Pennington that the above-described public right-of-way is henceforth renamed from IKE ROAD to ELEANOR DRIVE. Dated, this 16th day of September, 2008. PENNINGTON COUNTY COMMISSION /s/Brenda Young, Chairperson ATTEST: /s/Cindy Mohler, Deputy Auditor F. FIRST READING AND PUBLIC HEARING OF PLANNED UNIT DEVELOPMENT AMENDMENT / PU 08-11: Burt and Shirley Brown; Mike Derby – Agent. To amend the Planned Unit Development to allow for the addition of two motels for rental purposes in accordance with Section 213 of the Pennington County Zoning Ordinance. MOVED by Holbrook and seconded by Schmidt to continue this item to the October 7, 2008, Board of Commissioners’ meeting. Vote: Unanimous. G. PRELIMINARY PLAT / PL 08-41 AND SUBDIVISION REGULATIONS VARIANCE / SV 08-12: Kathy O’Donnell/Ron Bradeen – Agent. To create 4 lots and to waive the requirements for the scale of the plat to be 1 inch equals 100 feet, topography to be at 2 foot contour intervals, and for the Section Lines to be improved to Ordinance 14 Standards in accordance with Section 400.2 of the Pennington County Subdivision Regulations. EXISTING LEGAL: NE1/4NE1/4 in Section 35; That Part of SE1/4SE1/4 lying south of Deerfield Road in Section 26, all located in T1N, R3E, BHM, Pennington County, South Dakota. PROPOSED LEGAL: Lots 1-4, Country Hills Subdivision No. 3, Sections 26 and 35, T1N, R3E, BHM, Pennington County, South Dakota. MOVED by Trautman and seconded by Kjerstad to accept the recommendation of the Planning Commission to approve SV 08-12 and to approve PL 08-41 with the following thirteen conditions: 1. That prior to County Board approval of the Final Plat, the applicant improve both Section Lines to Ordinance 14 Standards, a surety be posted for the road improvements, or else an approved Subdivision Regulations Variance be obtained waiving this requirement; 2. That approved On-Site Wastewater Construction Permits be obtained prior to any wastewater system being installed on proposed Lots 1, 2 and 4 or alterations being conducted to the existing wastewater system located on proposed Lot 3; 3. That conventional septic systems not be allowed on proposed Lots 1 and 2 due to the high groundwater table and an alternate means of on-site wastewater systems be utilized on these lots, such as mound systems, evapotransporation systems or holding tanks; 4. That any non-conventional septic systems obtain approval from both the South Dakota Department of Environment and Natural Resources and the Pennington County Planning Department; 5. That any alternative septic system be designed and certified by a Registered Professional Engineer and be accompanied by engineered soil profile information and percolation tests; 6. That no on-site wastewater system may be located within the limits of the 100-year floodplain and must maintain a minimum 100-foot separation from the septic system to the high water line of the creek; 7. That prior to approval of a Building Permit on either proposed Lot 1 or 2, two (2) suitable on-site wastewater system areas must be identified with accompanying percolation tests and soil profiles, and the plat document be revised to include a notation to read: “Prior to obtaining a Building Permit on any of the lots, two suitable on-site wastewater system areas must be identified with accompanying percolation tests and soil profiles. Soil profiles must show that proper soil separation can be obtained as outlined in State Administrative Rule 74:53:01:15. Percolation tests must meet acceptable rates as shown in State Administrative Rule 74:53:01:32. If the percolation and soil profile information do not meet these requirements, an alternative system approved by the Department of Environment and Natural Resources could be used. As a last resort, Pennington County may approve the use of holding tanks;” 8. 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; 9. That prior to approval of the Final Plat, the property either be rezoned to Low Density Residential District or else the applicant obtains Lot Size Variances to reduce the minimum lot size requirement in a General Agriculture District; 10. That the applicant signs and complies with the Noxious Weed Management Plant provided by the Pennington County Weed and Pest Department; 11. That at the time of submittal for the Preliminary Plat, the plat meets all the requirements of Section 400.2 of the Pennington County Subdivision Regulations, including the Preliminary Plat to be scaled at not more than one (1) inch equals one hundred (100) feet, and topographic information be provided of the subject property at two (2) foot contour intervals or the applicant obtains an approved Subdivision Regulations Variance waiving any of these requirements that are not met; 12. That a non-access easement be dedicated on the Preliminary and Final Plats along the entire frontage of proposed Lots 1 and 2 adjoining the Deerfield Road right-of-way and that proposed Lots 1 and 2 share an approach so that the proposed subdivision only have a total of two (2) approaches onto Deerfield Road; and, 13. That all addresses be posted in accordance with Ordinance #20. Vote: Unanimous. H. FIRST READING AND PUBLIC HEARING OF REZONE / RZ 08-12 AND COMPREHENSIVE PLAN AMENDMENT / CA 08-05: Kathy O’Donnell; Ron Bradeen – Agent. To rezone 46.39 acres from General Agriculture District to Low Density Residential District and to amend the Comprehensive Plan to change the Future Land Use from Public and Planned Unit Development Sensitive to Low Density Residential District in accordance with Section 508 of the Pennington County Zoning Ordinance. NE1/4NE1/4 in Section 35 and That Part of SE1/4SE1/4 lying south of Deerfield Road in Section 26, all located in T1N, R3E, BHM, Pennington County, South Dakota. MOVED by Kjerstad and seconded by Trautman accept the recommendation of the Planning Commission to approve the first reading of RZ 08-12 and CA 08-05. Vote: Unanimous. I. 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 Schmidt to continue this item to the October 7, 2008, Board of Commissioners meeting. Vote: Unanimous. J. FIRST READING AND PUBLIC HEARING OF PLANNED UNIT DEVELOPMENT AMENDMENT / PU 08-12: Leon Brodie; Scott Grimsrud – Agent. To review Planned Unit Development 07-02 and to amend the Planned Unit Development to allow for an exercise, spa/oxygen bar and office space in accordance with Section 213 of the Pennington County Zoning Ordinance. Lot 6 of Tract A, Knights Acres Subdivision, Section 14, T1N, R8E, BHM, Pennington County, South Dakota. MOVED by Kjerstad and seconded by Schmidt accept the recommendation of the Planning Commission to deny PU 08-12 and direct the Planning Department to send a letter to the applicant regarding paving of the road and noise control. SUBSTITUTE MOTION: MOVED by Holbrook and seconded by Trautman to deny PU 08-12 without prejudice. Vote on substitute motion: Holbrook, Schmidt, Trautman and Young, yes. Kjerstad, no. Motion carried 4 to 1. K. FIRST READING AND PUBLIC HEARING OF PLANNED UNIT DEVELOPMENT AMENDMENT/ PU 08-10: Ryan Kaski/JKRK Properties. To amend a Planned Unit Development to allow for multiple uses within the Common Areas in Sunset Ranch Subdivision in accordance with Section 213 of the Pennington County Zoning Ordinance. Sunset Ranch Subdivision, Block 1, Lots 1-17; Block 2, Lots 1-19; Block 3, Lots 1-16; and All Section less N1/2N1/2NW1/4 and less Sunset Ranch; W1/2; GL 3-4; N1/2S1/2 NW1/4; W1/2; N1/2S1/2NE1/4; GL 1-2; W1/2 less Sunset Ranch and less ROW; GL 3; GL 4 less Sunset Ranch and less ROW; N1/2S1/2NW1/4; SW1/4; N1/2S1/2NE1/4; GL 1-2 less Sunset Ranch and less ROW; all located in Sections 32, 33, 4 and 5, T2N and T1N, R10E, Pennington County, South Dakota. MOVED by Holbrook and seconded by Schmidt to continue this item to the October 21, 2008, Board of Commissioners' meeting and further move to send this item back to the Planning Commission meeting on October 13, 2008. Vote: Unanimous. L. 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 Trautman and seconded by Schmidt to accept the recommendation of the Planning Commission to approve the first reading of PU 08-08 with the following conditions: 1. That the PUD allows 31 lots to be preliminary platted and only 20 of the lots be final platted for single- family residential use. The balance of the property is to remain common area, which will allow for an arena/horse stable, maintenance storage building, barn/manager’s cabin, two visitor’s cabins, fire tower and lodge; 2. That the required setbacks for all structures within the PUD be a minimum of 25 feet from all property lines; 3. That prior to County Board approval of the Final Plat, the applicant obtain a Special Use Permit from the U.S. Forest Service for maintenance of Medicine Mountain Road; 4. That prior to County Board approval of the Final Plat, the internal roads must be improved to a minimum of Local Road Standards with a minimum right-of-way of 50 feet with a minimum driving surface of 24 feet or obtain approval of a Subdivision Regulations Variance waiving this requirement; 5. 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; 6. That all structures be setback a minimum of 58-feet from all Section Lines; 7. That prior to the issuance of the first Building Permit, the applicant must form a Road District for the maintenance and upkeep of all platted public rights-of-ways; 8. That the keypad for the gated entrances have a number chosen by the Hill City Fire Department for consistency and that the adjacent keyed lock will have a lock acceptable to the Hill City Fire Department and ambulance; 9. That the guest homes have at least one 2A-BC dry chemical fire extinguisher accessible to all guests at all times on each floor or structure; 10. That all structures within the common areas have addresses posted inside each structure for the guests and outside each cabin for emergency location purposes; 11. The minimum lot size for the development shall be 1.75 acres; 12. That prior to County Board approval of the Final Plat, a Special Use Permit be obtained from the U.S. Forest Service for access to proposed Tract 1; 13. That all septic systems be designed and certified by an engineer and be accompanied by engineered soil profile information and percolation tests; 14. That prior to County Board approval of the Final Plat, the applicant shall submit a Fire Protection Plan for review and approval by the Pennington County Fire Coordinator and Hill City Fire Chief; 15. That a Homeowner’s Association be created for the maintenance of the road, community water system, and all common areas and structures; 16. That this Planned Unit Development be reviewed in two (2) years to determine that all conditions of approval are being met; 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. No structure shall exceed three stories or 35 feet in height except as allowed in Section 204 (F) of the Zoning Ordinance; 19. That each unit has an individual address that must be posted in accordance with Pennington County Ordinance Amendment #20; and, 20. That this Planned Unit Development Amendment is not valid until the applicant(s) signs the Statement of Understanding, which is available at the Planning Office. Vote: Unanimous. M. SECOND READING OF ORDINANCE AMENDMENT / OA 08-01: SUBDIVISION REGULATIONS VARIANCE – Pennington County. MOVED by Trautman and seconded by Holbrook to continue this item to the October 7, 2008, Board of Commissioners' meeting. Vote: Unanimous. EXECUTIVE SESSION PER SDCL 1-25-2 (1,3) Personnel; Contractual MOVED by Trautman and seconded by Schmidt to convene in Executive Session. Vote: Unanimous. The Board remained in Executive Session from 12:30 p.m. until 1:30 p.m. Trautman left the meeting at 1:30 p.m. MOVED by Schmidt and seconded by Holbrook to adjourn from Executive Session. Vote: Unanimous. Holbrook left the meeting at 1:43 p.m. 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 August 29, 2008: Total balances of checking/savings accounts, $14,184,534.26; Total balance of Treasurer’s Office safe cash, $6,900.00; Total Certificates of Deposit, $7,747,235.44; Total Prime Value Investment, $3,243,699.76; Total petty cash, $110,815.00; Total Cash Items Paid, 6.01; Total cash items/net NSF checks, $799.64; Total long/short, $466.96; Total, $25,293,523.15. Submitted by KJ McDonald, Chief Deputy Auditor. PAYROLL Public Defender: Effective September 17, 2008: Brenda Draper, 2,615.00; Emergency Management: Effective September 2, 2008: Terri Hertz, 2,258.00. VOUCHERS First Administrators, 154,910.34; Colorado State University, 6,250.00; Knology, 544.54; Verizon, 1,322.14; Pioneer Bank and Trust, 1,921.68; Cardmember Services, 142.28; Fleet Services, 2,635.15; BH Power Inc, 38,730.29; City of Rapid City-Water, 12,954.12; Medical Waste Transport, 79.01; Kieffer Sanitation, 2,147.94; Golden West Co, 1,005.59; Qwest, 7,297.39; State Remittance Center, 9,077.85; Golden West Technologies, 12.95; Walker Refuse, 88.63; City of Wall, 126.20;West River Electric, 577.56; FSH Communications, 59.86; A & A Property Management, 424.00; A & B Business Equipment, 497.54; A & B Welding Supply Co, 288.08; A & M Transport Service, 1,600.00; A To Z Shredding Inc, 119.10; A-1 Sewer & Drain, Inc, 570.00; ABC, 50.00; Ace Warehouse Inc, 139.90; Ackman, Jade, 24.80; Active Data Systems Inc, 247.45; Adams Machining, 165.00; Adkins, Patrick, 100.00; Air Works, 263.25; Aladdin Temp-Rite Llc, 169.55; Albertson Engineering Inc, 685.80; Alcopro, 437.20; Already Steamin, 170.00; American Institutional, 49.07; Americinn Motel, 920.00; Amerigas, 37.90; Anders, Irene, 48.00; Andersen, Bryan T, 355.80; Anspach, Pratt, 76.24; Apria Health Care, Inc, 790.65; ARC International, Inc, 2,814.30; Armstrong Extinguishers, 25.00; Audiosears Corporation, 330.97; Badlands Automotive, 2,020.14; Bargain Barn Tire Center, 10.00; Barnier, Greg, 2,261.00; Basler Printing Co, 150.85; Beecher, Collin, 78.00; Behavior Management, 57,272.44; Behrens Mortuary, 2,610.00; Belgarde Enterprises, Inc, 190.00; Belt, Sarah, 20.00; Best Business Prdcts Inc, 1,803.96; Best Western Ramkota Inn, 224.99; BH Chemical Company Inc, 5,049.12; BH Pest Control, Inc, 255.00; BH Power Inc, 560.55; BH Powersports, 69.51; Biberdorf, Brenda, 35.68; Bierschbach Equipment, 233.80; Bies, Chase, 24.80; Black Weasel, Colleen, 20.00; Bob Bak Construction, 18,816.00; Bob Barker Company Inc, 3,754.09; Boetel, Brenda, 78.00; Box Butte Co Sheriff, 19.31; Bradstream, Shari, 83.00; Brant, Annette, 47.20; Brevik Law Office Prof Ll, 184.35; Brink-Gluhosky, Michele, 218.98; Broomfield, Taryn, 26.00; Brown & Saenger Inc, 710.50; Brown, Randy, 20.00; Brownells, Inc, 41.45; Buffalo Co Sheriff's Dept, 5.00; Business Vehicle Finance, 358.55; Butler Machinery, 159.70; Camp, Paula, 132.00; Canyon Business Products, 1,525.02; Cardiology Associates, PC, 65.34; Career Learning Center, 75.00; Carol Butzman Consulting, 6,249.08; Carpet Mill Outlet, 332.89; Carquest Auto Parts, 1,469.17; Cartwright, Curtis, 270.00; Castleberry, James, 200.00; Cat's Cleaning, 90.00; CBCInnovis, Inc, 101.75; Cenex Oil Company, 36.00; Century Business Prod Inc, 56.73; Cetec Engineering, 13,051.55; Charm-Tex, Inc, 617.60; Chemsearch, 2,658.13; Chris Supply Co Inc, 1,479.06; City Of Rapid City, 18,558.33; City Of Rapid City -Water, 68.66; Claims Associates Inc, 2,500.00; Clark Printing, 1,387.00; Clark, Ronald, 20.00; Clark, Tana, 516.39; Coca-Cola Bottling Co Of, 772.00; Colhoff, Linda, 32.40; Collins, John, 100.00; Comco, Inc, 1,595.00; Comfort Inn, 140.00; Communication Services, 45.00; Community Health Center, 374.39; Conery, Teresa, 20.00; Connelly, Randal E, 2,440.00; Conocophillips, 57.71; Contractors Insulation, 1,651.59; Contractors Supply, 244.25; Cook, Mark W, 270.00; Copy Country, 680.00; Corrections Products Comp, 231.13; Cortez, LLC, 435.00; Council Of Substance, 710.47; Crescent Electric Supply, 336.38; Cretex Concrete Products, 190.00; Crisis Prevention, 97.82; Crum Electric Supply, 481.38; Custer County Sheriff, 47.15; D & R Service Inc, 253.92; Dakota Business Center, 2,635.27; Dakota County Court, 3.25; Dakota County Sheriff's, 9.90; Dakota Plains Legal Srvs, 15,500.00; Dakota Radiator, 603.60; Dakota Supply Group Inc, 469.43; Dakotafire Systems, Inc, 47,840.00; Dale's Tire, 9,395.66; Dash Medical Gloves, Inc, 739.70; Davis, Lester, 509.44; De's Oil & Propane, 84.00; Dennis Supply, 252.50; Diamond Mowers Inc, 490.54; Diamond Pharmacy Services, 20,245.62; Diamond Vogel Paint Cntr, 52.23; Diesel Machinery Inc, 154.68; Dietrich, Donna, 752.92; Dillon Law Office, 1,272.00; Dioten Engineering, Inc, 490.00; Discount Lumber Mart, 29.70; Diversified Auto, 20.74; Donat, Gregory, 20.00; Door Security Products, 65.00; Doud, Lila, 45.00; Douglass, Kendra L, 240.00; Dreamdak Holding LLC, 240.00; Dupre, Michael, 190.00; E & J Specialties, Inc, 90.00; Ecolab - Chicago, 498.42; Ecolab Pest Elimination, 240.00; Eddie's Truck Sales, 1,400.60; Ekeren, Marv, 15.00; Election Systems, 28,082.96; Emergency Medical Product, 44.19; Enviromaster, Inc, 105.00; Ergometrics, 775.80; Evans, John, 22.20; Evergreen Office Products, 1,484.25; Executive Mgmt Fin Office, 28.00; Exxon Mobil Fleet, 562.12; Fahrner, Adam J, 100.00; Family Thrift Center #254, 48.34; Family Thrift Center Inc, 105.82; Farmer Brothers Coffee, 279.02; Fastenal Company, 165.96; Federal Express, 96.72; Firestone Complete Auto, 734.33; Fleet Services, 694.76; Foley's Custom Print, 1,465.50; Fourfront Design, Inc, 4,750.00; Freeman's Electric, 25.00; Fremont Industries Inc, 1,719.17; French, Jean M, 78.86; Frontier Commercial, 85.00; G & H Distributing, 522.06; G4S Justice Services, Inc, 1,073.61; Gardner Denver Nash LLC, 650.01; Geib, Elston, Frost PA, 1,935.77; Genzlinger, Janeen, 54.40; Godfrey Brake Service, 395.27; Golden Sab Inc, 465.35; Golden West Companies, 249.17; Golden West Technologies, 57.00; Gordon, John, 150.00; Graffitti's Car Wash, 15.13; Graphics Plus, 72.80; Great Western Tire Co Inc, 1,519.84; Green, Sharon, 300.00; Greer, Phillip, 25.00; Grimm's Pump Service Inc, 2,733.40; Grimm, Bradilynn, 20.00; Grode, William R, 747.83; Gustave A Larson Company, 115.29; Hancock Fabrics #1713, 89.40; Harden, Travis, 20.00; Hardware Hank, 21.14; Harkins, Carolyn, 1,430.85; Harveys Lock Shop, 603.66; Hasler Inc, 68.85; Hatch, Andrew, 100.00; Heartland Paper Company, 1,641.93; Hein, Cheryl, 1,295.00; Henning, Gerald, 190.00; Herd's Ribbon & Laser, 358.50; Herman, Rosa, 240.00; Hills Materials Co, 177,863.47; Hillyard/Sioux Falls, 6,953.34; Hobart Sales & Srvc Inc, 961.71; Hocking, Scott, 10.40; Hoffman, Fredrick Dustin, 560.00; Holmes, Rodney, 100.00; Honeywell, Inc, 40,351.25; Horwath Laundry Equipment, 1,056.76; Hotel Alex Johnson, 46.50; House Of Vacuums, 68.97; HRS Foodservice, 161.17; HSBC Business Sol, 163.72; Hudgens, Sue, 78.00; Hughes County Sheriff, 28.60; Hughes, Mark, 242.90; Humane Society Of The BH, 4,166.66; I- 90 Towing, 209.00; Icehouse/Artic Glacier, 51.10; Ikon Office Solutions, 94.88; Impressions Rubber Stamp, 25.95; Indoff Inc, 1,483.75; Industrial Electric, 30.00; Industrial Supply Co Inc, 170.27; Information Technology, 7,420.52; Intab Inc, 96.68; Interim Healthcare-, 33.60; Interstate Batteries, 583.56; Interstate Power Sys, Inc, 520.60; J.V. Bailey Company, Inc, 93,453.71; Jacob, Maxine, 190.00; Jay's Welding, Inc, 806.28; JD Evans Equipment Inc, 2,389.54; Jefferson Partner LP, 328.20; Jenner Equipment, 1,176.15; Jennissen, Daniel, 605.90; Jet Photo, 141.18; JJ's Engraving & Sales, 5.50; Johnson Machine Inc, 1,828.25; Johnson's Carpet, 1,455.00; K & D Appliance Service, 50.00; Kallemeyn, Sharon, 274.00; Kappedal, Jean, Csr, 2,075.00; Karl's Appliance, 454.00; Kelly Services Inc, 828.30; Kendall, Jeremy, 78.00; Kieffer Family Dental, 74.72; Kienzle, Vern, 270.00; Kimball Midwest, 1,274.19; Knecht Home Center Inc, 1,419.81; Knology, 1,561.83; Kooistra, Nelva, 45.00; Kreisers, Inc, 723.99; Kurylas, Roman, 334.00; KVS Information Systems, 1,020.00; L-3 Communications Corp, 40,220.00; Lab Safety Supply, Inc, 305.07; Lakota Community Homes In, 200.00; Laminex Inc, 628.59; Language Line Services, 77.01; Lawson Products Inc, 318.13; Lazy U Motel, 133.00; Lewis & Clark Mental, 994.00; Lewis Drug Stores-Sf, 21.28; Lewis, Laura, 78.00; Lewis, Paul A, 1,495.20; Lexisnexis Matthew Bender, 209.88; Linweld, 469.23; Little Print Shop Inc The, 153.00; Lowe's, 96.00; Lutke, Neal, 61.40; M & M Fencing, 617.50; Maher, William, 270.00; Manlove Psychiatric Group, 1,604.18; Mantzeoros, Stath S, 190.00; Marohn, Frank, 25.00; Marshall And Swift, 209.75; Masters Awards, 2,094.00; Matthew Bender & Co Inc, 103.60; Mattson-Casteel, Cathy, 2,293.15; Mauch, Stephen, 78.00; Maxon, Theresa, 1,575.00; McDowell, Daniel, 20.00; McGowan, Wendy T, 1,869.38; McKie Ford Inc, 262.00; McLeod's Printing Inc, 379.74; Meade County, 51.80; Medical Waste Transport,, 69.00; Medicap Pharmacy, 543.89; Medicap Pharmacy - St Pat, 1,838.72; Medline Industries Inc, 51.12; Menards, 69.79; Meyer, Nick, 914.75; MG Oil Company, 47,100.06; Midcontinent Testing Lab, 366.00; Midwest Cooperatives, 23,717.03; Montana Dakota Utilities, 557.82; Moore Medical Corp, 2,019.86; Moran, Patty, 1,155.00; Motive Parts & Supply Inc, 7.05; Motorola Inc - Chicago, 3,498.80; Mt Plains Health, 154.00; Mt Rushmore Telephone Co, 58.83; Murphy, John R, 136.50; Mutchler, Tricia, 734.50; NAED, 650.00; Neve's Uniforms Inc, 1,470.45; Newkirk's Ace Hrdwre-East, 459.13; Newkirk's Ace Hrdwre-West, 747.74; Niemann, Ladonna, 18.80; North Central Supply Inc, 2,248.00; Northern Power Technologi, 1,436.00; Northern Truck Equipment, 7,145.00; Northwest Pipe Fitting In, 2,755.54; Notable Corporation, 998.91; O'Connor, Mike, 125.00; O'Day, Valarie, 893.00; Olson Towing II, 150.00; Olson, Valorie R, 25.00; Olvera, Cody, 20.00; Overhead Door Co Of RC, 369.50; Pacific Steel & Recycling, 702.54; Paradis Properties LLC, 240.00; Parent Teacher Outlet, 235.15; Parks, Ashlie, 60.00; Parkway Spotless Car Wash, 14.50; Parsons, Cassie, 36.00; Passive Income, 270.00; Penn Co Health & Human Sv, 28.09; Penn Co Highway, 130.38; Penn Co JSC, 181.12; Penn Co Juv Diversion, 46.47; Penn Co Public Defender, 57.50; Penn Co Revolving Fund, 710.00; Penn Co Sheriff, 1,393.11; Penn Co States Atty, 157.00; Pennington County Courant, 866.99; Pete Lien & Sons Inc, 5,084.28; Peterson, Sabrina, 20.00; Philip Ambulance Service, 605.50; Phoenix Investigations, 2,387.01; Pioneer Enterprises Inc, 3,020.00; Plumbing & Heating Whlsle, 69.27; Plumbmaster Professional, 481.89; Powder River Office, 1,126.79; Power House Honda, 32.05; Prairie Tree Consolidated, 240.00; Priority Dispatch Corp, 395.00; Pruss, Tina, 1,099.50; PSI Health Care Inc, 30.00; Psychological Assoc, 230.00; Quality Transmissions Inc, 1,047.15; Quill Corporation, 518.23; Qwest-Seattle, 33.00; Qwest/T-Nex, Inc (Tx), 55.23; R-J Development Corp, 450.00; Raco Industries, 465.50; Radiology Associates, 500.34; Rangel, Elisa, 1,100.00; Rapid Chevrolet Co Inc, 896.36; Rapid Leasing, 367.60; Rapid Rooter, 55.00; Rapid Tire & Alignment, 142.15; Rapidcare, 420.00; RC Area School Dist 51-4, 1,851.07; RC Emergency Services, 477.30; RC Journal (Sd), 2,909.54; RC Laundry & Dry Cleaners, 58.90; RC Medical Center, 3,067.83; RC Police Department, 282.95; RC Police Dept-Evidence, 4,186.00; RC Public Library, 87,937.50; RC Regional Hospital, Inc, 32,368.45; RC Regional Hospital, Inc, 158.00; RC Regional Hospital, Inc, 1,709.80; RC Winair, 253.70; RC Winnelson, 35.93; RDO Financial Services Co, 7,296.08; Reclamation Services Inc, 2,112.50; Record Storage Solutions, 635.99; Redman, Andrea, 20.00; Redman, Maria, 52.00; Redwood Biotech, Inc, 2,209.61; Redwood Toxicology, 306.00; Reeves, Donita K, 78.00; Regional Health Physician, 258.36; Rehab Doctors, The, 17.68; Rehfuss, Cathryn, 60.00; Reliable Office Products, 209.28; Rensch Law Office, 709.10; Renville, Aaron, 100.00; Repair Shop The, 175.17; Reuer, Allen, 2,380.00; Rhead, Brandy, 1,320.00; Rhodes Chemical Of The BH, 185.50; Ri-Tec Industrial Prodcts, 460.00; Robertson, Craig, 1,411.20; Robinson Textiles, 1,402.98; Rochester Armored Car, 372.74; Roger Frye's Paint Supply, 901.45; Rudolph's, 153.61; Runnings Supply Inc, 153.29; Rushmore Clinic, 85.00; Sandberg, Ann G, 450.00; Scherr, Ron, 78.00; Schneller, John Dr, 318.50; Schuft, Scott, 360.81; Schultz, Andrew J, 190.00; Scull Construction, 457,291.87; SD Department Of Revenue, 440.00; SD Dept Of Revenue, 469.00; SD Dept Of Transp-Finance, 3,863.18; SD Div Of Motor Vehicles, 18.00; SD Human Services Center, 800.00; SD Ltap, 70.00; Servall Uniform/Linen Co, 3,784.20; Shaw, Jacqueline, 20.00; Sherwin Williams Paints, 308.72; Shields, Vernon, 100.00; Shoener Machine & Tool, 178.94; Simon Contractors, 11,083.05; Simpson's Creative, 226.19; Skinner, Matthew L, PC, 1,578.77; Solar Sound, 284.92; Solis, Joshua, 20.00; South Dakota Rose Inn, 165.00; Southern Hills Publishing, 822.75; Spangler-Blair, Mary, 100.00; Spizzirri Properties Inc, 190.00; Stan Houston Equipment, 179.95; Starr, Robert, 100.00; Steak Etc Rapid City, 380.00; Stephens, Matthew, 6,340.00; Stolle, Patricia A, 240.00; Stonefield, Michael, 4,150.00; Sturgis Yamaha/Bmw/Suziki, 417.15; Sunnyside Mobile Home Prk, 240.00; Swanson Services Corp, 469.82; Swiftec, Inc, 4,573.38; Sysco Food Services, 794.10; Teal, Nance, 94.40; Technology Center, 199.00; Tessco, 438.16; Tessier's Inc, 908.00; The Marketing Store, 46.00; Thomas Auto Service, 75.00; Thompson, Michael, 846.00; Thurman, Creighton, 269.67; Thurston Manufacturing Co, 832.32; Tire Muffler Alignment, 198.42; Tschetter And Adams Law, 893.10; Twilight First Aid &, 317.55; TWL Billing Service &, 2,002.25; Type Emporium Printing,Co, 158.79; ULine, 90.29; University Products Inc, 31.15; US Marshals Service, 2,032.43; US Postal Service, 3,417.73; US Postmaster - Bulk Prmt, 347.15; Vanway Trophy & Awards, 120.10; Vassos, Dana, 16.50; Walk The Talk Company, 42.65; Walker Napa Auto Parts, 706.58; Wall Building Center, 246.33; Warne Chem & Equip Co Inc, 1.15; Watertree, Inc, 921.30; Watson Law Office, P.C., 260.00; Werlinger Group, LLC, 1,025.00; Wessel, Al Jr, MD, 4,337.50; West Payment Center, 1,048.75; West River Electric, 202.56; West River Intrntnl Inc, 743.97; Western Communication Inc, 1,074.20; Western Dakota Insrs Inc, 75.00; Western Hills Painting, 4,692.00; Western Pathology Consult, 820.00; Western Psychological, 180.40; Western Stationers Inc, 3,019.99; Whisler Bearing Co, 617.32; White Thunder, Jus K, 188.00; Whiting, Marcia, 2,069.39; Winner Police Dept, 46.74; Winter, Paul R, 1,261.32; Wolf, Ione, 394.75; Wolf, Victoria, 25.00; Working Against Violence, 6,400.00; World Wide Imaging Suppli, 172.81; Wosepka, Nora, 100.00; Yankton Co Sheriff Office, 75.00; Yankton County Auditor, 708.75; Yellow Robe, Chauncina, 20.00; Youth & Family Services, 50.00; Zeller, Lysann, 50.00; Ziggy's, 31.96; Zoller, Amy, 521.70 ADJOURN There being no further business the meeting was adjourned at 1:49 p.m. Julie A. Pearson, Auditor Publish: October 1, 2008 September 16, 2008 1