PENNINGTON COUNTY BOARD OF COMMISSIONERS MINUTES November 10, 2008 A meeting of the Pennington County Board of Commissioners was held on Monday, November 10, 2008, in the Commissioners' meeting room of the Pennington County Courthouse. Chairperson Brenda Young called the meeting to order at 2:00 p.m. with the following Commissioners present: Gale Holbrook, Jim Kjerstad, Ethan Schmidt, and Nancy Trautman. REVIEW AND APPROVE AGENDA MOVED by Holbrook and seconded by Kjerstad to approve the agenda with the following amendments: continue Planning Items I & J to the December 2, 2008, meeting at the request of the Planning Director and add Pending Litigation to Executive Session. Vote: Unanimous. REVIEW MINUTES MOVED by Holbrook and seconded by Schmidt to approve the minutes of the October 21, 2008, Board of Commissioners’ meeting. Vote: Unanimous. ITEMS FROM THE AUDITOR A. CANVASS ELECTION RESULTS: MOVED by Schmidt and seconded by Trautman to accept the canvass and declare the results of the November 4, 2008, General Election official, to authorize the Commissioners present to sign the Official Canvass and further move to authorize payment of all election expenses as listed: Payroll, 43,893.04; Travel, 2,314.80; Utilities, 483.60; Rent, 905.00. Vote: Unanimous. ITEMS FROM EMERGENCY MANAGEMENT A. ANNUAL STATE AND LOCAL AGREEMENT: MOVED by Schmidt and seconded by Trautman to approve the Fiscal Year 2009 State and Local Agreement between the State of South Dakota and Pennington County and authorize the chair’s signature thereto. Vote: Unanimous. ITEMS FROM THE FIRE ADMINISTRATOR A. HAYWARD VFD - COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) EXTENSION: MOVED by Holbrook and seconded by Kjerstad to authorize the chair’s signature on the amendment to the CDBG #0506-104 for the Hayward VFD to extend the time of grant to January 31, 2009. Vote: Unanimous. ITEMS FROM HIGHWAY A. WARRANT OF APPOINTMENT: MOVED by Schmidt and seconded by Holbrook to reappoint Hiene Junge as the Highway Superintendent for a two year term commencing on November 19, 2008, until November 18, 2010. Vote: Unanimous. SECURE RURAL SCHOOLS (SRS) ACT MOVED by Trautman and seconded by Kjerstad to complete the 2008 Payments to States Election Form designating 85% of the Forest Reserve Receipts to Title I, 8% to Title II and 7% to Title III and further moved to authorize the Chair’s signature on the three resolutions that follow. Vote: Unanimous. National Forest Counties and Schools Coalition Resolution # 1 Pennington County, South Dakota Purpose: Selection of Forest Reserve Payment System Opting in/out of HR 1424 (PL 110-343-Sect. 601(a), Division C) Safety Net Whereas counties having United States National Forests within their boundaries have received Forest Reserve funds for roads and schools since the passage of the Agricultural Reapportionment Act of 1908 based on revenues generated from these forests; and Whereas these counties have substantial areas of land in public ownership which can neither be developed nor taxed to generate revenue from economic activity or taxation; and Whereas during most of the 20th century Forest Reserve payments were a consistent but cyclical source of income for schools and counties; and Whereas during the past decade changes in public policy at the national level (revenue) have substantially reduced and in some cases virtually eliminated economic activity on national forests; and Whereas the demands for education and roads have in most jurisdictions continually increased while Forest Reserve revenues have declined; and Whereas the Congress of the United States recognizing the existence of the above mentioned conditions has seen fit to pass PL 110-343, which provides a four (4) year safety net whereby counties may either receive the traditional annual payment from the Forest Service (and/or BLM) or select four years of payments based on a formula provided in the legislation; and Where as PL 100-343 specifies that each forest county has an option to select either; (a) remaining on the traditional 25% Forest Reserve Receipts payment system or (b) selecting the full payment system set forth in Title I of PL 110-343; and Whereas it is understood that counties which select the PL 110-343 full payment (safety net) option are doing so for the full four (4) year life of the bill; and Whereas it is further understood, that those counties who select to remain on the traditional 25% Forest Reserve Receipt system, are obligating themselves for a two year period, and will have the option of changing to the PL 110-343 safety net system after the second year of the bill. Be it therefore resolved that Pennington County and its impacted school districts, hereby select to receive their Forest Reserve payments as set forth below (specify one): ? Traditional 25% Forest Reserve Receipts-1908 Act (7 year rolling average) X Full Safety Net Payment amount as per PL 110-343; and Be it further resolved that this selection be communicated to the Governor of the State of South Dakota, by November 20, 2008; and Be it further resolved that all jurisdictions receiving Forest Reserve Funds within Pennington County receive a copy of this resolution for their official records as soon as it is officially adopted. Dated this 10th day of November, 2008. /s/Brenda Young, Chairperson Pennington County Commission ATTEST: /s/Cindy Mohler, Deputy Auditor National Forest Counties and Schools Coalition Resolution # 2 Pennington County, South Dakota Purpose: Designating 15% to 20% of the Safety Net Full Payment Amount to be Allocated to Projects and specifying the percentage of funding to be allocated to Title II and Title III Projects. Whereas forest counties having United States National Forest within their boundaries have received Forest Reserve payments for roads and schools under the terms of the Agricultural Reapportionment Act of 1908; and Whereas these receipts were a regular but cyclical source of revenue for schools and counties during most of the last century; and Whereas federal land policies during the past decade have shifted away from multiple use land management; and Whereas Congress has recognized that these policy shifts have negatively impacted local communities and the health of our National Forests; and Whereas Congress has passed PL 110-343-Sect.601(a), Division C which seeks to reconnect local communities with decisions made on their national forests and invest in improving the health of our forests and watersheds; and Whereas PL 110-343 makes provisions for safety net payments to counties for up to four (4) years with either 15% or 20% of these funds being allocated to projects which would enhance the health and safety of US National Forests. Be it therefore resolved that Pennington County, which has elected to receive safety net payments under the provisions of PL 110-343, hereby designates 15% of its safety net payments to be allocated to Title II and Title III projects under this legislation; and Be it further resolved that Pennington County intends to allocate its’ designated project funds in the following proportions: Title II Funds 8% Title III Funds 7% Be it further resolved that this election be communicated to the Governor’s office and the Regional Forester’s office by November 10, 2008; and Be it further resolved that this action be communicated to all jurisdictions in this county which receive Forest Reserve payments. Dated this 10th day of November, 2008. /s/Brenda Young, Chairperson ATTEST: /s/Cindy Mohler, Deputy Auditor National Forest and Schools Coalition Resolution # 3 Pennington County, South Dakota Purpose: Resource Advisory Committee (RAC) Recommended Geographical Configuration of Proposed Resource Advisory Committee Whereas counties having United States National Forests within their boundaries have been receiving Forest Reserve funds for roads and schools under the terms of the Agricultural Reapportionment Act of 1909; and Whereas these funds have been an important and critical source of revenue during most of the past century for schools and roads; and Whereas the federal government has shifted forest land management policies away from multiple use and so that more decisions about local land management are made in Washington, DC; and Whereas the Congress of the United States has been concerned about the negative impact of management policies on local communities and their forests; and Whereas Congress has passed PL 110-343 – Sect. 601(a), Division C to address issues relating to schools and roads in forest counties; and Whereas it is the intent of Congress through PL 110-343 to reconnect local constituencies with their national forests by providing for locally recommended projects which would address the health and safety of the forests as well as their connection with forest communities; and Whereas Congress has called for the creation of Resource Advisory Committees which may be organized on a single county, multiple county, national forest or BLM district basis as deemed locally appropriate, and approved by the Secretary of Agriculture. Be it therefore resolved that Pennington County hereby requests that the Secretary of Agriculture establish a Resource Advisory Committee in accordance with the provisions of PL 100-343 as indicated below: X As a single county with boundaries coterminous with county lines. ? As multiple county RAC with the following counties: ______________________________________________________ ______________________________________________________ ? As a single National Forest RAC including each of the following counties: Forest: ________________________________________________ Counties: ______________________________________________ _______________________________________________________ ? As a multiple National Forest RAC involving the following forests and counties. Forests: ________________________________________________ Counties: _______________________________________________ Be it further resolved that a copy of this resolution be transmitted to the Secretary of Agriculture, and the Regional Forester, U.S. Forest Service, U.S. Department of Agriculture; and Be it further resolved that a copy of this resolution be transmitted to all jurisdictions in this county receiving Forest Reserve payments. Dated this 10th day of November, 2008. /s/Brenda Young, Chairperson Pennington County Commission ATTEST: /s/Cindy Mohler, Deputy Auditor APPOINTMENT TO BOARD OF MENTAL ILLNESS (1): MOVED by Kjerstad and seconded by Holbrook to appoint Terry Phelps to the County Board of Mental Illness/Development Disabilities for a three-year term commencing on January 1, 2009. Vote: Unanimous. REQUEST TO PURCHASE COUNTY PROPERTY (Dianna Komes): The Highway Department will survey the property in question. PROPOSED INDIAN CREEK LAND EXCHANGE: MOVED by Holbrook and seconded by Kjerstad to deny the proposed Indian Creek Land Exchange. Holbrook called the question. Vote: The motion to call the question carried 4-1 with Schmidt voting no. Vote on the motion: Unanimous. CONATA BASIN/SCENIC BASIN LAND PURCHASE PROPOSAL (Letter of Support Request) – (con’t from 10/7/08): MOVED by Trautman and seconded by Schmidt to table this item. Vote: Unanimous. CENTRAL STATES FAIR – THANKS TO BHP&L (Tree Planting): MOVED by Trautman and seconded by Schmidt to continue this item to the November 18, 2008, Board of Commissioners’ meeting. Vote: Unanimous. PLANNING AND ZONING A. SECOND READING OF PLANNED UNIT DEVELOPMENT AMENDMENT/ PU 08-10: Ryan Kaski/JKRK Properties. MOVED by Trautman and seconded by Holbrook to approve the second reading of PU 08-10. Vote: Unanimous. ORDINANCE NO. PUD 08-10 AN ORDINANCE AMENDING SECTION 508 OF THE PENNINGTON COUNTY ZONING ORDINANCE, REZONING THE WITHIN DESCRIBED PROPERTY: BE IT HEREBY ORDAINED BY THE PENNINGTON COUNTY COMMISSION THAT THE PENNINGTON COUNTY ZONING ORDINANCE BE AND HEREBY IS AMENDED BY AMENDING THE ZONING OF THE FOLLOWING DESCRIBED PROPERTY: 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. The Planned Unit Development uses are hereby approved in accordance with the following conditions: Planning Commission recommended approval of Planned Unit Development Amendment 08-10 with the following twenty-two (22) conditions: 1. The density of the Planned Unit Development shall not exceed 148 residential lots; 2. That the common areas include a golf driving range, mini golf course, hiking-biking trails, frisbee course, picnic area, picnic shelter, recreation pond/lake, archery area, exercise/community building, pool/water park, kid play equipment, softball field, football field, basketball court, tennis court, volleyball court, skate park, garden plots, hobby plane/paraplane flying area, horseshoe pits and paintball area; 3. That a horse boarding/arena/barn be allowed on Common Lot 1, Block 1 and that the horse area be for the residents of the Sunset Ranch and their guests; 4. That a BMX racetrack, motor cross and ATV track be allowed on Common Lot 16, Block 6 and that the racetracks be for the residents of the Sunset Ranch and their guests only; 5. That the Special Animal Keeping Regulations, as outlined in Section 204 of the Pennington County Zoning Ordinance and no more than one (1) large animal be housed on three (3) acres, be continually followed; 6. The minimum lot size for the development shall five (5) acres; 7. That a minimum of eighty (80) acres is maintained as Common area; 8. The approved uses of the Planned Unit Development shall be for up to 148 stick-built, single-family residences and accessory structures; 9. All residences must meet the standards for stick-built and manufactured homes as outlined in Section 204; 10. The applicant submits an engineered individual wastewater disposal system to be approved by the Pennington County Environmental Planner; 11. That the entire portion of 156th Avenue to 229th Street be paved and improved in accordance with the approved Construction Plans prior to issuance of the fifty-first (51st) Building Permit or Surety be posted that will expire within six (6) months after the issuance of the fifty-first (51st) Building Permit; 12. That the applicant obtains an approved Floodplain Development Permit for any construction work within the 100-year floodplain; 13. That prior to platting, the applicant provides documentation from Dakota, Minnesota & Eastern Railroad allowing the two (2) primary routes through the railroad right-of-way; 14. That prior to any plat approval, the applicant provide lighted warning devices at the two (2) primary route crossings through DM&E railroad right-of-way; 15. That 229th Street is maintained according to Ordinance 14 Standards; 16. That prior to County Board approval of the Planned Unit Development, the applicant shall submit a Fire Protection Plan for review and approval by the Pennington County Fire Coordinator. The Pennington County Fire Coordinator will determine the number of fire hydrants and exact locations; 17. The minimum setbacks for the Planned Unit Development shall be twenty-five (25) feet from all property lines and fifty-eight (58) feet from all Section Lines; 18. That a Homeowner’s Association be created for the maintenance of the road, community water system, and all use within the common areas; 19. That one wind generator be allowed on each lot and the wind generator not exceed a height of 55 feet; 20. That the applicant signs a Noxious Weed Plan to control noxious weeds located on the property; 21. That this Planned Unit Development be reviewed upon a complaint basis only; and, 22. That this Planned Unit Development Amendment is not valid until the applicant signs the Statement of Understanding, which is available at the Planning Office. Dated this 10th day of November, 2008. PENNINGTON COUNTY COMMISSION /s/Brenda Young, Chairperson ATTEST: /s/Karen McGregor, Deputy Auditor B. SECOND READING OF PLANNED UNIT DEVELOPMENT / PU 08-13: Walter and Ruth Ann Jensen. MOVED by Holbrook and seconded by Trautman to approve the second reading of PU 08-13. Vote: The motion carried 3-2 with Kjerstad and Schmidt voting no. ORDINANCE NO. PUD 08-13 AN ORDINANCE AMENDING SECTION 508 OF THE PENNINGTON COUNTY ZONING ORDINANCE, REZONING THE WITHIN DESCRIBED PROPERTY: BE IT HEREBY ORDAINED BY THE PENNINGTON COUNTY COMMISSION THAT THE PENNINGTON COUNTY ZONING ORDINANCE BE AND HEREBY IS AMENDED BY AMENDING THE ZONING OF THE FOLLOWING DESCRIBED PROPERTY: Lot 1, Columbus South Subdivision, Section 17, T2N, R6E, BHM, Pennington County, South Dakota. The Planned Unit Development uses are hereby approved in accordance with the following conditions: Planning Commission recommended approval of Planned Unit Development 08-13 with the following twenty-nine (29) conditions: 1. That the purpose of this Planned Unit Development be to allow a Specialty Resort for a Bed and Breakfast and events, such as: weddings, receptions, company picnics, family reunions, church functions, bridal and baby showers, Christmas parties and other types of small gatherings similar in nature; 2. That the number of guests be limited to 100 people; 3. That this Planned Unit Development be considered an overlay zoning district whereby the provisions of the underlying Limited Agriculture District still apply and if the property is no longer utilized as a Specialty Resort, the zoning revert back to Limited Agriculture District assuming the same lot configuration; 4. That the applicant notify the Planning Department prior to transferring ownership of the property so that the Planned Unit Development may be brought forth for review; 5. That prior to operation of the Specialty Resort, the applicant create an Emergency Plan to evacuate guests from the property in the event of an emergency and that a copy of said plan be submitted to the Planning Department to be kept on file; 6. That a minimum of 50 parking spaces be provided on-site, each measuring a minimum of 9 feet by 18 feet and maintained in a dust-free manner; 7. That prior to operation of the Specialty Resort, the applicant submit a Parking Plan to the Planning Office for review to ensure its compliance with the Minimum Off-Street Parking requirements as outlined in Section 310 of the Pennington County Zoning Ordinance; 8. That the internal driveway be widened to 24 feet in width consisting of a gravel surface to accommodate two-way traffic prior to operation of the Specialty Resort; 9. That all music being provided for outdoor activities be shut down by 10:00 p.m.; 10. That the applicant posts a stop sign at the intersection of the driveway and Nemo Road during events; 11. That temporary structures, such as tents and port-o-potties only be erected when needed and not on a permanent basis; 12. That all exterior lighting must be of low level intensity, which does not result in excessive glare upon surrounding neighbors; 13. That the applicant has the existing approach off of Nemo Road reviewed by the Pennington County Highway Department for the change in use and that a copy of the amended Approach Permit be provided to the Pennington County Planning Office prior to operation of the Specialty Resort; 14. That the applicant obtain all necessary permits from other governing bodies for operation of the Specialty Resort including, but not limited to, approval from the South Dakota Department of Health and a Sales Tax License from the South Dakota Department of Revenue; 15. That a smoke detector be placed in each sleeping room utilized for the Bed and Breakfast with a minimum of at least one (1) smoke detector per floor; 16. That a portable fire extinguisher with a minimum 2 A-BC rating shall be placed on each floor level of the Bed and Breakfast so it accessible to all guests at all times and the fire extinguisher shall be inspected and tagged annually; 17. That the maximum number of people staying at the Bed and Breakfast establishment at one time be in compliance with the South Dakota Lodging Establishments Health and Safety Manual; 18. That the applicants comply with South Dakota Codified Law 34-18-9.4, which regulates Bed and Breakfast establishments and requires a guest list to be maintained; 19. That the physical address for the residence be posted in each guest room utilized for the Bed and Breakfast; 20. That prior to installation of any on-site wastewater system or alteration to the existing on- site wastewater system, an approved On-Site Wastewater Construction Permit be obtained through the Pennington County Planning and Zoning office; 21. That the applicants obtain approval from the South Dakota Department of Environment and Natural Resources for the existing means of wastewater disposal servicing the residence prior to operation of the Bed and Breakfast; 22. That port-o-potties may be utilized by the guests of the events for wastewater disposal, but any other means of wastewater disposal will require proper permitting and review of the system by both the Pennington County Planning Department and South Dakota Department of Environment and Natural Resources; 23. That prior to the placement of any on-premise signs, the applicant must obtain approval of a Sign Permit; 24. That the lot address be clearly posted on both the residence at the approach to the property so it is visible from both directions along Nemo Road in accordance with Pennington County’s Ordinance #20; 25. That the applicant ensures the residential character of the property is maintained; 26. That a Building Permit 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; 27. 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; 28. That the applicant signs a Statement of Understanding, which is available at the Planning Office, prior to operation of the Specialty Resort; and, 29. That the Planned Unit Development be reviewed in one (1) year or on a complaint basis. Dated this 10th day of November, 2008. PENNINGTON COUNTY COMMISSION /s/Brenda Young, Chairperson ATTEST: /s/Karen McGregor, Deputy Auditor C. PRELIMINARY PLAT / PL 08-48: Pehrr West Land Company; Robert Pearson - Agent. To create Lots 1-4 and Common Lot of Block 1; Lots 1-6 and Common Lot of Block 2; Lots 1-6, Block 3; Lots 1-3, Block 4 and Lots 1-4 and Common Lot of Block 5, Mountain Meadows Subdivision in accordance with Section 400.2 of the Pennington County Subdivision Regulations. MOVED by Schmidt and seconded by Holbrook to continue this item to the December 2, 2008, Board of Commissioners’ meeting. Vote: Unanimous. D. FIRST READING AND PUBLIC HEARING OF REZONE / RZ 08-13: Cheyenne River Ranchettes; Sperlich Consulting – Agent. To rezone 7.25 acres from Planned Unit Development to Highway Service District in accordance with Section 508 of the Pennington County Zoning Ordinance. Lots B, D, E, and F of Wisconsin Placer M.S. 910 and Lots 1-14 of Three Forks Subdivision, Section 22, T1S, R5E, BHM, Pennington County, South Dakota. MOVED by Holbrook and seconded by Kjerstad to accept the Planning Commission recommendation to approve the first reading of RZ 08-13. Vote: The motion carried 4-1 with Trautman voting no. E. FIRST READING AND PUBLIC HEARING OF REZONE / RZ 08-14: Anna Raue; Sperlich Consulting – Agent. To rezone 3.005 acres from Limited Agriculture District to General Agriculture District in accordance with Section 508 of the Pennington County Zoning Ordinance. Located on the following metes and bounds description: A portion of Lot 2 of Jones Ranch Subdivision located in the SW1/4 of the SE1/4, Section 36, T1N, R9E, B.H.M., Pennington County, South Dakota, More fully described as follows: Commencing at the northeasterly corner of Lot 2 of Jones Ranch Subdivision, and the Point of Beginning; Thence, first course: S00°00’10”W, along the easterly boundary of said Lot 2 of Jones Ranch Subdivision, a distance of 256.62 feet; Thence, second course: N89°57’50”W, a distance of 510.02 feet, to an angle point on the westerly boundary of said Lot 2 of Jones Ranch Subdivision; Thence, third course: N00°00’06”E, along the westerly boundary of said Lot 2, a distance of 256.62 feet, to the northwesterly corner of said Lot 2 of Jones Ranch Subdivision; Thence, fourth course: S89°57’50”E, along the northerly boundary of said Lot 2 of Jones Ranch Subdivision, a distance of 510.02 feet, to the northeasterly corner of said Lot 2 of Jones Ranch Subdivision, and the Point of Beginning; Said Parcel contains 130,881 square feet or 3.005 acres more or less. MOVED by Trautman and seconded by Schmidt to accept the recommendation of the Planning Commission to approve the first reading of RZ 08-14. Vote: Unanimous. F. SUBDIVISION REGULATIONS VARIANCE / SV 08-13: Ron Rossknect/Tim Rossknect. To waive percolation tests and soil profile information on Lot 1, topography at 2 foot contour intervals, a second means of ingress/egress, road construction requirements, and engineered road plans for Lots 1 and 2 in accordance with Section 400.2 of the Pennington County Subdivision Regulations. EXISTING LEGAL: All less that part overlapping with MS 620 & MS 621 (also in Section 30), La Grande Lode MS, Section 31, T1S, R5E, BHM, Pennington County, South Dakota. PROPOSED LEGAL: Lots 1 and 2, La Grande Lode M.S. 662, Section 31, T1S, R5E, BHM, Pennington County, South Dakota. MOVED by Schmidt and seconded by Trautman to accept Planning staff recommendation to approve Subdivision Regulations Variance 08-13 to waive the submittal of road construction plans with the requirement that as-built road construction plans be submitted to verify the road meets Minor Local Road Standards with submittal of Preliminary Plat and approval to waive the Section Line Highway improvements for only that portion through the middle of the two lots, and further moved to deny the request to waive the topography requirement due to the steep topography of the area, denial of the request to waive the requirement to provide a second means of ingress/egress, and denial to waive percolation tests and soil profile information. Vote: Unanimous. G. FIRST READING AND PUBLIC HEARING OF ORDINANCE AMENDMENT / OA 08- 03: Pennington County. Section 316 – Wireless Telecommunication Facilities. MOVED by Holbrook and seconded by Schmidt to continue the first reading of OA 08-03 to the December 2, 2008, Board of Commissioners’ meeting. Holbrook called the question. Vote: The motion to call the question failed on a 2-3 vote with Schmidt and Trautman voting no. Substitute motion: MOVED by Trautman and seconded by Schmidt to deny both versions of Ordinance Amendment OA 08-03 and request that Planning and Zoning come back with a revised version at a later date. Vote: Unanimous. H. CELL TOWER MORATORIUM EXTENSION: MOVED by Trautman and seconded by Kjerstad to extend the moratorium on all cell tower applications for four months. 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. The Board remained in Executive Session from 4:35 p.m. until 5:12 p.m. MOVED by Trautman and seconded by Holbrook to adjourn from Executive Session. Vote: Unanimous. MOVED by Trautman and seconded Schmidt by to accept the extension of the contract with Nancy Alexander through December 31, 2008, at the agreed upon rate. Vote: Unanimous. VETERAN’S DAY PROCLAMATION: MOVED by Kjerstad and seconded by Trautman to insert the Official Presidential Proclamation for Veterans’ Day in the minutes. Vote: Unanimous. VETERAN’S DAY 2008 A Proclamation by the President of the United States of America On Veterans Day, we pay tribute to the service and sacrifice of the men and women who in defense of our freedom have bravely worn the uniform of the United States. From the fields and forests of war-torn Europe to the jungles of Southeast Asia, from the deserts of Iraq to the mountains of Afghanistan, brave patriots have protected our Nation's ideals, rescued millions from tyranny, and helped spread freedom around the globe. America's veterans answered the call when asked to protect our Nation from some of the most brutal and ruthless tyrants, terrorists, and militaries the world has ever known. They stood tall in the face of grave danger and enabled our Nation to become the greatest force for freedom in human history. Members of the Army, Navy, Air Force, Marines, and Coast Guard have answered a high calling to serve and have helped secure America at every turn. Our country is forever indebted to our veterans for their quiet courage and exemplary service. We also remember and honor those who laid down their lives in freedom's defense. These brave men and women made the ultimate sacrifice for our benefit. On Veterans Day, we remember these heroes for their valor, their loyalty, and their dedication. Their selfless sacrifices continue to inspire us today as we work to advance peace and extend freedom around the world. With respect for and in recognition of the contributions our service members have made to the cause of peace and freedom around the world, the Congress has provided (5 U.S.C. 6103(a)) that November 11 of each year shall be set aside as a legal public holiday to honor America's veterans. NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, do hereby proclaim November 11, 2008, as Veterans Day and urge all Americans to observe November 9 through November 15, 2008, as National Veterans Awareness Week. I encourage all Americans to recognize the bravery and sacrifice of our veterans through ceremonies and prayers. I call upon Federal, State, and local officials to display the flag of the United States and to support and participate in patriotic activities in their communities. I invite civic and fraternal organizations, places of worship, schools, businesses, unions, and the media to support this national observance with commemorative expressions and programs. IN WITNESS WHEREOF, I have hereunto set my hand this thirty-first day of October, in the year of our Lord two thousand eight, and of the Independence of the United States of America the two hundred and thirty-third. GEORGE W. BUSH # # # 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 October 23, 2008: Total balances of checking/savings accounts, $20,487,461.03; Total balance of Treasurer’s Office safe cash, $6,900.00; Total certificates of deposit, $7,792,260.16; Total Prime Value Investment, $11,737,910.63; Total petty cash, $110,815.00; Total cash items/net NSF checks, $1,441.99; Total long/short, $594.78; Total, $40,136,194.03. Submitted by KJ Peterson, Chief Deputy Auditor. VOUCHERS Alexander, Nancy, 2,000.00; Alltel, 983.12; AMEE Central, 688.50; BH Power Inc, 2,068.75; Budget Signs, 180.00; Cardmember Services, 5,607.59; CBM Food Service, 33,828.66; City of Hill City, 32.68; City of Rapid City - Water, 15,544.16; City of Wall, 99.50; Clark Printing, 540.03; Election Systems, 2,534.98; Evergreen Office Products, 42.28; FCE Benefit/Cobra Dept, 1,828.74; Federal Express, 30.92; First Administrators, 285,710.27; First National Bank, 168,171.71; Fish Garbage, 44.84; Fleet Services, 7,577.33; FSH Communications, 60.91; Golden West Co, 246.22; Golden West Tech, 12.95; Kelly Services, 861.28; Knology, 4,250.59; Little Print Shop, 764.72; Montana Dakota Utilities, 7,645.37; Mt Rushmore Telephone, 58.00; Pearson, Julie, 4,313.12; Pennington Co Courant, 1,184.04; Peterson, Kathy, 51.20; Pioneer Bank and Trust, 132.52; Qwest, 281.46; Rapid Chevrolet, 13,500.00; SD Dept of Labor, 7,372.00; SD Dept of Revenue, 13,258.15; Severson, Lori, 60.48; Southern Hills Publishing, 459.82; Synergy Graphics Inc, 150.00; US Bank NA, 675,714.22; US Postmaster, 388.45; Verizon, 3,527.34; Wardle, Dan, 233.00; Western Stationers, 826.60 ADJOURN There being no further business the meeting was adjourned at 5:16 p.m. Julie A. Pearson, Auditor Publish: November 26, 2008 November 10, 2008 1