PENNINGTON COUNTY BOARD OF COMMISSIONERS MINUTES December 2, 2008 A meeting of the Pennington County Board of Commissioners was held on Tuesday, December 2, 2008, in the Commissioners' meeting room of the Pennington County Courthouse. Chairperson Brenda Young called the meeting to order at 9:05 a.m. with the following Commissioners present: Ethan Schmidt and Nancy Trautman. Holbrook and Kjerstad absent. REVIEW AND APPROVE AGENDA MOVED by Schmidt and seconded by Trautman to approve the agenda as amended: Remove Item 12-Central States Fair; and, Add Introduction of Human Resource Manager under Items From The Chair. Vote: Unanimous. REVIEW MINUTES MOVED by Trautman and seconded by Schmidt to approve the minutes of the November 18, 2008, Board of Commissioners’ meeting. Vote: Unanimous. ITEMS FROM THE AUDITOR B. SUPPLEMENT REQUEST: MOVED by Schmidt and seconded by Trautman to schedule a budget supplement hearing at 9:15 a.m. on Tuesday, December 16, 2008, to supplement the Capital Projects Jail Booking budget in the amount of $20,357 from cash reserves. Vote: Unanimous. D. TRANSFER OF ALCHOLIC BEVERAGAE LICENSE: MOVED by Schmidt and seconded by Trautman to continue this item to the December 16, 2008, Board of Commissioners' meeting. Vote: Unanimous. C. NEW ALCOHOLIC BEVERAGE LICENSE: MOVED by Schmidt and seconded by Trautman to approve a new Package (off-sale) Malt Beverage and SD Farm Wine License for the Country Store at the Forks, The Covington Consulting Group, Inc., owners. Vote: Unanimous. E. ALCOHOLIC BEVERAGE LICENSE RENEWALS: MOVED by Schmidt and seconded by Trautman to approve the renewal of the following alcoholic beverage licenses: Liquor Retail On-Sale w/Sunday Sales: Country Inn Bar and Casino, The Covington Consulting Group, Inc.; The Fireside, DenKim, Inc.; Gaslight, Big Guys, LLC; Hole in the Wall, Patrick Hall; Holy Smoke Resort, Danielle Banks; Horse Creek Inn, Carrie C. and Wm. C. Beaudette; Mangy Moose, Tana Nichols; Mount Rushmore National Memorial, Xanterra Parks and Resorts Inc.; Ponderosa Restaurant and Lounge, Melrose Enterprises, Inc.; Powder House Restaurant, Big Guys LLC/Powder House Restaurant; Rimrock Tavern, Harley R. Scovel; Sally O’Malleys Pub and Casino, KJL, Inc.; Shipwreck Lee’s Saloon and Casino, Havorak-Rose; Sunset Grille, Kelly Flannery; Liquor Package (off-sale): Johnson Siding General Store, Patrick S. Shannon; Lee’s Place, David Keester; Wine Retail (on-off sale): Black Hills Receptions and Rentals, Joanne Wagner; Powder House Restaurant, Little Guys LLC; Prairie Berry Winery, Prairie Berry LLC; and further move to consider the renewal of the license for The Office Bar, Johnson and Estes Company, at the December 16, 2008, Board of Commissioners' meeting. Vote: Unanimous. MOVED by Trautman and seconded by Schmidt to reconsider the motion to continue the transfer of the license from Nipa Hut to The Office Bar. Vote: Unanimous. MOVED by Trautman and seconded by Schmidt to approve the transfer of a Retail (on-sale) Liquor License from Nipa Hut, Cora Simien, to The Office Bar, Johnson and Estes Company. Vote: Unanimous. MOVED by Trautman and seconded by Schmidt to approve the renewal of the Retail (on-sale) Liquor License for The Office Bar, Johnson and Estes Company. Vote: Unanimous. A. 9:15 A.M. YEAR END SUPPLEMENT HEARING: MOVED by Trautman and seconded by Schmidt to approve requested supplements as follows: General Fund: Public Defender; $22,725.00; Water Protection, $26,410.00; Elections $458.53; County Fire Fund, $16,000.00; Emergency Management Fund, $21,600.00; Capital Projects Fund, $33,848.00; and Health Care Trust, $400,000.00. Vote: Unanimous. F. HEALTH CARE INSURANCE PREMIUMS: MOVED by Schmidt and seconded by Trautman to approve the recommendation from the Health Care Trust Board for a 5% increase to health care premium rates effective January 31, 2009. Vote: Unanimous. ITEMS FROM THE SHERIFF A. REPLACEMENT VEHICLES: MOVED by Schmidt and seconded by Trautman to declare the following vehicles as surplus for the purpose of trading them in on replacement vehicles: 2003 Chevy Tahoe, #5418; 2003 Chevy Tahoe, #5419; 2004 Chevy Impala, #5461; 2005 Chevy Tahoe, #5548; 2005 Chevy Tahoe, #5555; 2005 Chevy Tahoe, #5554; and further move to authorize the following purchases off of the state contract: Two 2009 Ford Crown Victoria’s, State Contract #15541, McKie Ford, Rapid City, South Dakota, at a cost of $22,321.00 each; Two 2009 F250 Crew Cabs, State Contract #15539, McKie Ford, Rapid City, South Dakota, at a cost of $23,787.00 each; and Three 2009 Half Ton Chevy Suburbans, State Contract #15540, Beck Motors, Pierre, South Dakota, at a cost of $31,424.00 each. Vote: Unanimous. MOVED by Trautman and seconded by Schmidt to authorize the Auditor’s Office to advertise for bids for a replacement transport bus. Vote: Unanimous. ITEMS FROM EMERGENCY MANAGEMENT A. PUBLIC WARNING SIRENS: MOVED by Schmidt and seconded by Trautman to approve the purchase of two sirens from Public Safety Equipment Co., LLC, Sturgis, South Dakota, off of the Hughes/Stanley County bid award at a cost of $35,345.00. Vote: Unanimous. ITEMS FROM EQUALIZATION A. ABATEMENTS: MOVED by Schmidt and seconded by Trautman to approve the following abatements for tax year 2007: PCP LLC/Seljeskog, ID# 48549, $1,504.76; RC Skyline Development, ID# 46002, $4,710.30; Skyline Drive Pres, ID# 47063, $5,961.62; ID# 47208, $4,888.50; ID# 47209, $2,138.36; ID# 49554, $4,726.14; ID# 53473, $4,058.90; ID# 53474, $3,908.44; ID# 53475, $14,576.40; ID# 59721, $122.76. Vote: Unanimous. ITEMS FROM HIGHWAY A. MEMORANDUM OF UNDERSTANDING: MOVED by Trautman and seconded by Schmidt to approve the Memorandum of Understanding between the City of Rapid City and the Pennington County Highway Department for the exchange of snow removal routes. Vote: Unanimous. B. SNOW REMOVAL AGREEMENT: MOVED by Schmidt and seconded by Trautman to approve the Snow Removal Agreement with Edelweiss Mountain Improvement Association. Vote: Unanimous. C. AUTHORIZATION TO PURCHASE SQUARE TUBE STEEL SIGN POST: MOVED by Schmidt and seconded by Trautman to authorize the Highway Department to purchase square tube steel sign posts from State Contract Number 15307, from 3D Specialties, Inc., Fargo, North Dakota, at an estimated total cost of $25,000. Vote: Unanimous. D. AUTHORIZATION TO BID FOR BRIDGE REPAIRS: MOVED by Schmidt and seconded by Trautman to authorize the Highway Department to advertise for bids for repairs on Bridge #52-306-261 and Bridge #52-321-266. Vote: Unanimous. E. AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE PURCHASE OF ONE ASPHALT DISTRIBUTOR: MOVED by Trautman and seconded by Schmidt to authorize the Highway Department to advertise for bids for one new Asphalt Distributor. Vote: Unanimous. F. SNOW REMOVAL POLICY: MOVED by Trautman and seconded by Schmidt to continue this item to the December 16, 2008, Board of Commissioners' meeting. Vote: Unanimous. G. TWILIGHT DRIVE AND JOLLY LANE 4-WAY STOP: MOVED by Trautman and seconded by Schmidt to direct the Highway Department to change the 4-way stop at the intersection of Twilight Drive and Jolly Lane to a 2-way stop. Vote: Unanimous. ITEMS FROM INFORMATION TECHNOLOGY SERVICES A. KNOLOGY CONTRACTS FOR INTERNET CONNETIONS: MOVED by Schmidt and seconded by Trautman to authorize the chair’s signature to the contract addendum with Knology for increasing the internet connection from a 3 Meg line to a 10 Meg line with the amount based on $600 per month for a 3 MEG line to be split among all departments and for the increased amount of $4,800 per year to be split between Equalization’s budget and ITS’s budget in 2009. Vote: Unanimous. LIEN RELEASE REQUEST (DIA) (Con’t from 11/18/08): MOVED by Trautman and seconded by Schmidt to remove the liens against (name withheld per SDCL 28-13-42), in the amount of $2,891.86, from the property located at 1210 Nowlin Street, Rapid City, South Dakota, Tax ID# 31146, W45’ of Lot 7, Scotts Subdivision, Block 15, Section 35, T2N, R07E; property now in the name of Isaac David Almanza. Vote: Unanimous. DISCUSSION-COUNTY LIAISON TO RAPID CITY PUBLIC LIBRARY: MOVED by Schmidt and seconded by Trautman to advertise for a citizen to be appointed to the Rapid City Public Library Board as the County Liaison. Vote: Unanimous. PLANNING AND ZONING A. LAYOUT PLAT / PL 08-52: Dan Kruse; Heald Land Surveying – Agent. To combine two lots in accordance with Section 400.1 of the Pennington County Subdivision Regulations. EXISTING LEGAL: Lot 6 Revised; Lot 7R of Lot 7 Revised, Block 3, Forest Homes Development, Section 6, T1N, R6E, BHM, Pennington County, South Dakota. PROPOSED LEGAL: Lot 6R, Block 3, Forest Homes Development, Section 6, T1N, R6E, BHM, Pennington County, South Dakota. MOVED by Schmidt and seconded by Trautman accept the recommendation of the Planning Commission to approve PL 08-52 with the following seven conditions: 1. That at the time of submittal of the Minor Plat, the title heading be revised to read: “Lot6R2 of Block 3 of Forest Homes Development”; 2. That at the time of Minor Plat submittal, the acreage on the plat be revised to 2.14 acres and not 2.11 unless otherwise noted by the Surveyor; 3. That prior to County Board approval of the Minor Plat, the applicant improve River View Court to Local Road Standards, a surety be posted for the road improvements, or else an approved Subdivision Regulations Variance be obtained waiving this requirement; 4. That prior to County Board approval of the Minor Plat, the portion of the driveway located over the top of the wastewater system be vacated or barriers be installed preventing parking over the top; 5. That the applicant obtain an approved On-Site Wastewater Construction Permit through the Pennington County Planning and Zoning Office prior to the replacement or alteration to the existing septic system. Any non-conventional septic systems must obtain State and County approval; 6. That at the time of submittal for the Minor Plat, the plat meets all the requirements of Section 400.2 of the Pennington County Subdivision Regulations, including the 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; and, 7. That prior to County Board approval of the Minor Plat, the property either be rezoned to Suburban Residential District or else the applicant obtains a Lot Size Variance to reduce the minimum lot size requirement in a Low Density Residential District. Vote: Unanimous. B. PLANNED UNIT DEVELOPMENT REVIEW / PU 05-15: Lakota Lake Camp, LLC; Jim Farmer - Agent. To review an existing Planned Unit Development in accordance with Section 508 of the Pennington County Zoning Ordinance. Lakota Tract Revised, Ponderosa Tract, Campfire Tract, Granite Perch Tract, Shadow Rock Tract, Valley View Tract Revised, Big Granite Tract and Mountain View Tract Revised, all of Lakota Lake Encampment Subdivision, Section 21, T2S, R6E, BHM, Pennington County, South Dakota. MOVED by Trautman and seconded by Schmidt accept the recommendation of the Planning Commission to approve the extension of PU 05-15 with the following fifteen (15) conditions: 1. That the Planned Unit Development consists of seven (7) residential lots and one (1) lot platted as common area with a minimum lot size of one (1) acre; 2. That the common area be utilized for drainfields, hiking trails, picnic areas, and other similar uses determined to be acceptable by the Pennington County Planning Director; 3. 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; 4. That a Building Permit be obtained for any structures exceeding 144 square feet or located on a permanent foundation, which includes the necessary site plans to be reviewed and approved by the Planning Director; 5. That the required minimum setbacks for all structures be a minimum of 25 feet from all property lines; 6. That all roads within the Planned Unit Development be named and the road names be approved by the Pennington County Emergency Service Communication Center, and that each unit has an individual address that must be posted in accordance with Pennington County Ordinance Amendment #20; 7. That Painted Pony be an 18-foot-wide paved road with a turnaround to be constructed at the end of the road to include an easement to be approved by the Pennington County Fire Coordinator; 8. That a Road District be formed to maintain the roads; 9. That each lot have an easement for a drainfield and a reserve drainfield shown on the plat, or that each lot utilize a community drainfield and reserve community drainfield, approved by the Department of Environment and Natural Resources, shown by an easement, or obtain a Subdivision Regulation Variance waiving these requirements; 10. That a minimum of two (2) off-street parking spaces be provided for each residential lot. All off-street parking spaces on the site shall measure at least 9 feet by 18 feet, be surfaced with gravel, concrete, or asphalt and maintained in such a manner that no dust will result from continuous use; 11. That if a community water system is installed, it will be designed by a Professional Engineer and must be reviewed and approved by the Pennington County Drainage Engineer and Fire Coordinator; 12. That the applicants pay for all street signs and regulatory signs, and that the material and posting of these signs be approved by the Pennington County Highway Department; 13. That all residential lots within this Planned Unit Development be allowed the same uses permitted in a Suburban Residential Zoning District, as shown in Section 208 of the Pennington County Zoning Ordinance, and that they be allowed to rent single-family residences as vacation homes; 14. That no off-premise advertising signs be allowed within the Planned Unit Development; and, 15. That this Planned Unit Development be reviewed in two (2) years or on a complaint basis to ensure that the conditions of approval are being met. Vote: Unanimous. C. PLANNED UNIT DEVELOPMENT REVIEW / PU 06-07: Black Hills Resorts, Inc. (Cimarron Park); Art Janklow – Agent. To review a Planned Unit Development in accordance with Section 508 of the Pennington County Zoning Ordinance. Tract C of Lot B of NE1/4 NW1/4 less Pengra Subdivision, Section 17, T2N, R7E, BHM, Pennington County, South Dakota. MOVED by Schmidt and seconded by Trautman to continue this item to the February 3, 2009, Board of Commissioners’ meeting and direct the Planning Department to send a certified letter to the applicant addressing issues of the Planned Unit Development and to schedule a walk through of the property. Vote: Unanimous. D. MINOR PLAT / PL 08-51 AND SUBDIVISION REGULATIONS VARIANCE / SV 08-17: Richard Knecht; Buckhorn Surveying – Agent. To create Tract Glendale No. 3 of Glendale Subdivision and to waive the platting requirements for topography to be provided at 2 foot contour intervals and to improve the Section Lines to Ordinance 14 Standards in accordance with Sections 400.3 and 700.1 of the Pennington County Subdivision Regulations. EXISTING LEGAL: Less Part of Lot AR1 and ROW of Iron Creek Lode MS; Less part of Lot AR1 and ROW of Reciprocity Lode MS; Less part of Lot AR1 and ROW of Garrison Fraction Lode MS all in Section 14, T2S, R6E and Less S360 feet (also in Section 14) of Flume Lode MS; Less S360 feet (also in Section 14) of Hermosa #2 Lode MS, located in Sections 14, 15, 22, and 23, T2S, R6E, BHM, Pennington County, South Dakota. PROPOSED LEGAL: Tract Glendale No. 3, Glendale Subdivision, Sections 14, 15, 22, and 23, T2S, R6E, BHM, Pennington County, South Dakota. MOVED by Schmidt and seconded by Trautman accept the recommendation of the Planning Commission to approve SV 08-17 and to approve PL 08-51 with the following seven (7) conditions: 1. That proper setbacks be maintained as a result of the proposed lot configuration, including 25 feet for structures and 10 feet for septic systems for all property lines and 58 feet from the center of all Section Lines, or else an approved Setback Variance be obtained for any future structures; 2. That all U.S. Forest Service boundary markers are protected and maintained; 3. That prior to filing of the Minor Plat at the Register of Deeds, the proposed lot either be rezoned to Low Density Residential District or else the applicant obtain a Lot Size Variance to reduce the minimum lot size requirement in a General Agriculture District; 4. That the approach to the property be constructed in accordance with the Pennington County Highway Department’s comments on the Approach Permit; 5. That the driveway to the proposed building site be allowed to traverse the Section Line without improving it to Ordinance 14 Standards, if the Subdivision Regulations Variance request to waive this requirement is approved; 6. That all addresses be posted in accordance with Ordinance #20; and, 7. 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. Vote: Unanimous. E. FIRST READING AND PUBLIC HEARING OF REZONE / RZ 08-15 AND COMPREHENSIVE PLAN AMENDMENT / CA 08-06: Richard Knecht; Buckhorn Surveying – Agent. To rezone 20.54 acres from General Agriculture District to Low Density Residential District and to amend the Comprehensive Plan to change the Future Land Use from Planned Unit Development Sensitive to Low Density Residential District in accordance with Section 508 of the Pennington County Zoning Ordinance. Less part Lot AR1 and ROW of Iron Creek Lode, MS; Less South 360 feet (also in Section 14) of Flume Lode, MS; Less part Lot AR1 and ROW of Reciprocity Lode, MS; Less South 360 feet (also in Section 14) of Hermosa #2 Lode, MS, located in Sections 14, 15, 22, and 23, T2S, R6E, BHM, Pennington County, South Dakota. MOVED by Schmidt and seconded by Trautman to accept the Planning Commission’s recommendation to approve the first reading of RZ 08-15 and CA 08-06, with the exception to both requests of the unplatted balance of Hermosa No. 2 Lode, which will not meet the minimum lot size requirement of three (3) acres for a Low Density Residential District. Vote: Unanimous. F. FIRST READING AND PUBLIC HEARING OF PLANNED UNIT DEVELOPMENT AMENDMENT / PU 08-14: SWS, LLC; Quinn Kayser-Cochran – Agent. To allow a 130 foot telecommunications tower and equipment shelter in a Planned Unit Development in accordance with Section 213 of the Pennington County Zoning Ordinance. Lot BR, Trailwood Village, Section 10, T1N, R8E, BHM, Pennington County, South Dakota. MOVED by Schmidt and seconded by Young to accept the recommendation of the Planning Commission to approve the first reading of PU 08-14 with the following twenty conditions: 1. That a Building Permit is obtained for the installation of the tower and equipment building to be reviewed and approved by the Planning Director; 2. That Building Permits be obtained for any structure exceeding 144 square feet and located on a permanent foundation, which include necessary site plans to be reviewed and approved by the Planning Director; 3. That a professional engineer certify the structural integrity of the tower and anchoring system prior to applying for a Building Permit; 4. That the applicant provides a copy of approval from the FAA at the time the Building Permit is applied for; 5. That the location and design of the telecommunications facility be in compliance with the approved SDCL 11-6-19 Review (File #08SR064), which was approved by the Rapid City Planning Commission; 6. That a security fence, measuring at least seven (7) feet in height, be installed and maintained around the radio tower and transmission building; 7. That the address be properly posted in accordance with Ordinance #20; 8. That a minimum of two (2) off-street parking spaces be provided. Each space shall measure at least nine (9) feet by eighteen (18) feet and be maintained in a dust free manner; 9. That emergency radio communication equipment be allowed on the tower so long as it does not interfere with the applicant’s broadcast equipment; 10. That proper setbacks from the property lines and all utilities be maintained for all structures located on the property; 11. That an access easement be dedicated and recorded at the Register of Deeds ensuring the applicant has legal access to the telecommunications facility prior to applying for a Building Permit for said facility; 12. That the use of the subject property as a telecommunications facility must be limited and/or designed to preclude any interference from S.D. Highway 44 and Covington Street from functioning as a principal arterial street and a collector street, respectively; 13. That an Air Quality Permit be obtained from the City of Rapid City prior to any surface disturbance in excess of one acre; 14. That any future additions of equipment to the site or tower require this Planned Unit Development to be reviewed by the Pennington County Planning Department; 15. That all other existing conditions of the original Trailwood Village PUD and previous PUD Amendments for Trailwood Village are still valid and applicable to the subject property; 16. That all unlicensed vehicles be licensed or removed from the property before the applicant applies for a Building Permit for the telecommunications tower and that the property be kept free of unlicensed vehicles and debris at all times; 17. That the applicant works with the Rapid Valley Sanitary District to determine and regulate any interference with the radio waves for their water system; 18. That the applicant allows the co-location of other service providers on the tower; 19. That this Planned Unit Development Amendment is not valid until the applicant signs the Statement of Understanding, which is available at the Planning Office; and, 20. That this Planned Unit Development Amendment be reviewed in two (2) years or on a complaint basis to determine that all conditions are being met. Vote: Schmidt and Young, yes. Trautman, no. Motion failed 2 to 1. G. 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. EXISTING LEGAL: NE1/4 less Tract B.R.C. of Rushmore Ranch Estates Subdivision, Section 18; NW1/4 and NE1/4SW1/4 less Rushmore Ranch Estates less ROW, Section 17; S1/2SW¼ less Rushmore Ranch Estates Subdivision, Section 8; SE1/4 less Rushmore Ranch Estates Subdivision, Section 7; Tract 14R of Rushmore Ranch Estates Subdivision, Section 17; all located in T2S, R7E, BHM, Pennington County, South Dakota. PROPOSED LEGAL: 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, Sections 7, 8, 17, and 18, T2S, R7E, BHM, Pennington County, South Dakota. MOVED by Trautman and seconded by Schmidt to accept the recommendation of the Planning Commission to approve PL 08-48 with the following 16 conditions with the removal of “or licensed plumber” from condition number five: 1. That at the time of submittal for the Final Plat, the plat meets all the requirements of Section 400.2 of the Pennington County Subdivision Regulations, including the 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 2 foot contour intervals or the applicant obtains an approved Subdivision Regulations Variance waiving any of these requirements that are not met; 2. That prior to Final Plat submittal, the title heading on the plat be revised to reflect the comments received from the Department of Equalization; 3. That prior to Final Plat submittal, a note be placed on the plat to read: “Prior to obtaining a Building Permit for a residence on any of the properties, two suitable on-site wastewater system areas must be identified with accompanying percolation tests and soil profiles certified by a Registered Professional Engineer or Licensed Plumber. 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;” 4. That prior to Final Plat submittal, a note be placed on the plat to read: “Due to the fact that this property lies above the Madison Aquifer and there is a possibility of poor soil conditions and negative environmental impacts, advanced pretreatment type septic tanks, such as “Aqua Safe” or “AdvanTex” with a signed service agreement are required for every lot;” 5. That prior to Final Plat submittal a note be placed on the plat to read: “On-Site Wastewater Systems to be located on any of the properties must be designed and certified by a Registered Professional Engineer. Any alternative system needs to be approved by the Department of Environment and Natural Resources. As a last resort, Pennington County may approve the use of holding tanks.”; 6. That prior to Final Plat submittal, the South Dakota Department of Environment and Natural Resources approve the water system; 7. That prior to Final Plat submittal, the applicant provides a letter from the Water Association or Homeowner’s Association allowing the hook up to the existing water system; 8. That prior to Final Plat submittal, the applicant address the comments received from the Pennington County Water Coordinator regarding the Storm Water Pollution Prevention Plan; 9. That prior to County Board approval of the Final Plat, the applicant improves Phase I of Eleanor Drive in accordance with the Engineered Road Plans, a surety posted for the road improvements, or the applicant obtains an approved Subdivision Regulations Variance waiving road construction standards; 10. That prior to County Board approval of the Final Plat, the right-of- way between Tracts 24 and 26R be improved to Local Road Standards in accordance with Pennington County Subdivision Regulations, a surety be posted for the road improvements, or the applicant obtains an approved Subdivision Regulations Variance waiving road construction standards; 11. That prior to County Board approval of the Final Plat, Mary Court and Mamie Court be improved in accordance with the Engineered Road Plans, a surety posted for the road improvements, or the applicant obtains an approved Subdivision Regulations Variance waiving road construction standards; 12. That prior to County Board approval of the Final Plat, a Fire Mitigation plan be approved by the Pennington County Fire Coordinator; 13. That a Fire Flow of 500 gallons per minute (gpm) be provided if all homes are equipped with residential fire sprinkler systems, per NFPA standards, and signed documentation to be provided by the supplier. If all homes are not equipped with such systems, then the 1,000 gpm must be provided; 14. That prior to County Board approval of the Final Plat, the applicant improve the two (2) Section Line Highways located on the property to County Standards or obtain an approved Subdivision Regulations Variance waiving this requirement; 15. That the developer submits erosion and sediment control inspection reports to the Water Coordinator before the start of construction of the development and throughout the construction process; and, 16. That all addresses be posted in accordance with Ordinance #20. Vote: Unanimous. H. SUBDIVISION REGULATIONS VARIANCE / SV 08-18: Pehrr West Land Company; Robert Pearson - Agent. To waive topography at 2 foot contours, the plat be at 1 inch equals 100 feet, and to improve the Section Lines to Ordinance 14 Standards in accordance with Section 700.1 of the Pennington County Subdivision Regulations. NE1/4 less Tract B.R.C. of Rushmore Ranch Estates Subdivision, Section 18; NW1/4 and NE1/4SW1/4 less Rushmore Ranch Estates less ROW, Section 17; S1/2SW¼ less Rushmore Ranch Estates Subdivision, Section 8; SE1/4 less Rushmore Ranch Estates Subdivision, Section 7; Tract 14R of Rushmore Ranch Estates Subdivision, Section 17; all located in T2S, R7E, BHM, Pennington County, South Dakota. MOVED by Trautman and seconded by Schmidt to accept the recommendation of the Planning Commission to approve SV 08-18. Vote: Unanimous. I. CODE ENFORCMENT / ORDINANCE OFFICER POSITION: MOVED by Trautman and seconded by Schmidt to eliminate the position of Ordinance Officer and to approve the position of Code Enforcement/Ordinance Officer and place this position on the wage scale at a Grade 16. Vote: Unanimous. MOVED by Trautman and seconded by Schmidt to approve the reclassification of Rex Fackrell from a Planner I to Code Enforcement/Ordinance Officer effective December 1, 2008, Grade 16, Step A, $3,178.00. Vote: Unanimous. MOVED by Trautman and seconded by Schmidt to reconsider the motion made regarding Item F-First Reading and Public Hearing of Planned Unit Development Amendment 08-14. Vote: Unanimous. MOVED by Schmidt and seconded by Trautman to continue Item F-First Reading and Public Hearing of Planned Unit Development Amendment 08-14 to the December 16, 2008, Board of Commissioners' meeting. Vote: Unanimous. J. TITLE CHANGE AND RECLASSIFICATION OF PLANNER II: MOVED by Schmidt and seconded by Trautman to approve the reclassification of Mandi Schmierer from a Planner II to Planner III with the title of Assistant Planning Director, effective November 1, 2008, Grade 17, Step A, $3,336.00. Vote: Unanimous. MISCELLANEOUS A. APPROVE VOUCHERS: MOVED by Trautman and seconded by Schmidt to approve the vouchers listed at the end of the minutes for expenditures for insurance, professional services, publications, rentals, supplies, repairs, maintenance, travel, conference fees, utilities, furniture and equipment, and authorize the chair’s signature thereto. Vote: Unanimous. EXECUTIVE SESSION PER SDCL 1-25-2 (1,3) Personnel; Contractual/Litigation: MOVED by Trautman and seconded by Schmidt to convene into Executive Session. Vote: Unanimous. The Board remained in Executive Session from 12:07 p.m. until 12:39 p.m. MOVED by Schmidt and seconded by Trautman to adjourn from Executive Session. Vote: Unanimous. PERSONNEL State’s Attorney’s Office: Effective December 3, 2008: Linette Darrow, $13.03/hr.; Health and Human Services: Effective December 8, 2008: Cheryl Kasulas, $2,615.00; Highway: Effective December 1, 2008: Michael Casjens, $2,614.67; ESCC: Effective December 1, 2008: Bettina Coates, $2,883.00; Amber Green, $2,883.00; Debi Harding, $2,883.00; Brandy Reindl, $2,883.00. PAYROLL Commissioners, 15,676.50; Elections, 23,361.78; Auditor, 17,291.86; Treasurer, 44,801.29; Data Processing - Law, 11,580.17; Data Processing - General, 28,481.48; State's Attorney, 115,807.26; Public Defender, 78,830.56; Juvenile Diversion, 12,349.77; Victim's Assistance, 10,897.15; Buildings & Grounds, 91,744.32; Equalization, 58,464.52; Register of Deeds, 22,616.44; Sheriff, 267,418.46; Courthouse Security, 4,829.57; Service Station, 8,779.26; Arrest Grant, 10,344.05; HIDTA Grant, 8,216.23; CARE Budget, 10,656.58; Jail, 365,736.65; Jail Work Program, 1,244.66; Jail Medical, 3,181.92; Jail Maintenance, 10,487.57; Hill City Law, 10,841.84; Keystone Law, 5,014.99; New Underwood – Law, 3,841.80; School Liaison, 18,820.89; Wall Law, 11,199.16; JSC Teachers, 20,583.66; Home Detention, 6,855.23; Dispatch, 136,068.84; Ordinance, ; Economic Assistance, 35,243.37; Mental & Alcohol-SAO, 6,684.24; Mental & Alcohol-HHS, 3,028.58; Alcohol & Drug, 130,149.21; Friendship House, 27,538.71; Prevention Program, 5,911.42; 24-7 Program, 12,478.29; Extension, 4,932.74; Weed & Pest, 7,973.04; West Nile, ; Planning and Zoning, 19,633.63; Water Protection, 3,862.24; Juvenile Services Center, 265,650.47; JSC Maintenance, 5,251.35; Highway, 189,748.54; Drug Seizure, 6,053.12; Fire Administration, 6,126.86; Emergency Management, 10,542.68; Emergency Management, 2,257.92 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 November 24, 2008: Total balances of checking/savings accounts, $24,503,174.59; Total balance of Treasurer’s Office safe cash, $6,900.00; Total certificates of deposit, $7,808,855.70; Total Prime Value Investment, $2,384,047.00; Total petty cash, $110,815.00; Total cash items/net NSF checks, $122.62; Total long/short, $669.04; Total, $34,813,245.87. Submitted by KJ Peterson, Chief Deputy Auditor. VOUCHERS Cardmember Services, 2,831.16; Verizon, 279.23; Alltel, 996.20; BH Power Inc, 3,439.05; City of Rapid City – Water, 1,209.81; Knology, 3,661.58; Montana Dakota Utilities, 8,509.20; Rainbow Gas Co, 3,031.93; CBM Food Services, 67,983.39; Pioneer Bank, 305.09; Qwest, 201.69; HSBC Business Solutions, 133.91; First Administrators, 188,812.80; IIARC, 108,043.00. ADJOURN There being no further business the meeting was adjourned at 12:40 p.m. Julie A. Pearson, Auditor Publish: December 17, 2008 December 2, 2008 1