PENNINGTON COUNTY 
BOARD OF COMMISSIONERS MINUTES
March 17, 2009

A meeting of the Pennington County Board of Commissioners was held on Tuesday, March 17, 
2009, in the Commissioners' meeting room of the Pennington County Courthouse.  Chairperson 
Brenda Young called the meeting to order at 8:35 a.m. with the following Commissioners 
present:  Gale Holbrook, Jim Kjerstad. 

EXECUTIVE SESSION PER SDCL 1-25-2(1) PERSONNEL

MOVED by Kjerstad and seconded by Holbrook to convene in Executive Session.  Vote: 
Unanimous.  The Board remained in Executive Session from 8:35 a.m. until 9:05 a.m.  
Commissioner Schmidt joined the meeting at 8:50 a.m.  MOVED by Holbrook and seconded by 
Kjerstad to adjourn from Executive Session.  Vote: Unanimous.

Commissioner Trautman joined the meeting at 9:05 a.m.

REVIEW AND APPROVE AGENDA

MOVED by Trautman and seconded by Kjerstad to approve the agenda with the following 
additions and changes:  Move Request for Road Closure to follow Review Minutes; add to 
Miscellaneous, Pennington County Council on Aging:  Funding.  Vote: Unanimous.

REVIEW MINUTES

MOVED by Kjerstad and seconded by Holbrook to approve the minutes of the March 3, 2009 
Board of Commissioners' meeting.  Vote: Unanimous.

REQUEST FOR ROAD CLOSURE/TRAFFIC CONTROL FOR 8TH ANNUAL 
DEADWOOD MICKELSON TRAIL MARATHON – JERRY DUNN:  MOVED by 
Holbrook and seconded by Schmidt approve the road closure, traffic control for the June 7, 2009 
Annual Deadwood Mickelson Trail Marathon.  Vote: Unanimous.

CERTIFICATION OF APPRECIATION - 2009 NATIONAL PUBLIC SAFETY 
TELECOMMUNCATORS WEEK:  MOVED by Schmidt and seconded by Trautman to 
authorize the chairperson to sign the proclamation to honor telecommunicators during the 2009 
National Public Safety Telecommunicators Week.  Vote:    Unanimous.

ITEMS FROM THE AUDITOR

A.	RESERVE SUPPLEMENTS SP09-004:  MOVED by Schmidt and seconded by 
Trautman to schedule a hearing at 9:15 a.m. on Tuesday, April 7, 2009 to supplement the 
Emergency Management Fund HL Security Training/Pandemic Flu budget in the amount of 
$134,559.00 from cash reserves in the Emergency Management fund.  Vote:  Unanimous.

B.	NACO DRUG PROGRAM:  MOVED by Holbrook and seconded by Kjerstad to table 
this item.  Vote:  Yes:  Young, Trautman, Holbrook, Kjerstad.  No:  Schmidt.  Motion carried 4 
to 1

C.	NEED FOR SPACE:  MOVED by Schmidt and seconded by Holbrook to reactivate the 
master planning committee regarding immediate space needs for the county with Commissioner 
Trautman chairing the committee.  Vote: Unanimous.

D.	HEALTH CARE PREMIUM INCREASE:  MOVED by Holbrook and seconded by 
Trautman to approve the recommended 15% increase of health care premiums effective May 1, 
2009 and will continue reviewing plan changes that will be effective January 1, 2010.  Vote:  
Unanimous.

E.	2010 BUDGET INFO:  MOVED by Holbrook and seconded by Schmidt to set dates for 
department head meetings regarding the 2010 budget at 9:00 a.m. on May 12 and May 26, 2009, 
going into June if necessary.  Vote:  Unanimous.

MOVED by Kjerstad and seconded by Schmidt to request department heads to submit a budget 
to the Auditor based on what they think they need for 2010, using a proposed 2% COLA, and 
identify the dollar amounts, including and separating out the merits and COLA.  Vote:  
Unanimous.

ITEMS FROM EMERGENCY MANAGEMENT

A.	PDM/HAZARD MITIGATION GRANT:  MOVED by Schmidt and seconded by 
Trautman to authorize the Chairperson’s signature to the NEMIS State Project Application and 
the commitment letter to the state.  Vote:  Unanimous.

B.	REQUEST FOR PROPOSAL:  MOVED by Holbrook and seconded by Trautman to 
authorize Emergency Management to proceed with the Request for Proposal for Contract service 
to develop and manage the City Readiness Initiative, Medical Reserve Corp, and Exercise design 
and development program.  Vote:  Unanimous.

C.	SURPLUS DECLARATION OF VEHICLE:  MOVED by Schmidt and seconded by 
Trautman to declare as surplus a 2000 Jeep Cherokee VIN#1J4FF48S6YL238686 for the 
purpose of a replacement vehicle.  Vote:  Unanimous.

D.	ANNUAL STATE AND LOCAL AGREEMENT ADDENDUM:  MOVED by Holbrook 
and seconded by Schmidt to authorize the Chairperson’s signature to the Fiscal Year 2009 State 
& Local Agreement Addendum between the State of South Dakota and Pennington County.  
Vote:  Unanimous.

ITEMS FROM HIGHWAY

A.        ANNUAL BID AWARD RECOMMENDATION:  Bid documents and contracts are on 
file with the Pennington County Highway Department.
ITEM 1:  ASPHALT SURFACE TREATMENT:  MOVED by Holbrook and seconded by 
Schmidt to award the bid to Hills Materials Co., Rapid City, in the amount of $555,555.55.  
Vote:  Unanimous.
ITEM 2:  ASPHALT SURFACE CRACK SEALING:  MOVED by Trautman and seconded by 
Kjerstad to award the bid to Highway Improvement, Inc, Sioux Falls, in the amount of 
$43,920.00.  Vote:  Unanimous.
ITEM 3:  AGGREGATE STOCKPILES:  MOVED by Schmidt and seconded by Trautman to 
award the bid to Western Construction, Rapid City, in the amount of $134,000.00.  Vote:  
Unanimous.
ITEM 4: 
AGGREGATE MATERIALS:  to award the (Rapid City area) bid to Pete Lien & Sons, Rapid 
City, and to award the (Wasta area) bid to Bob Bak Construction, Pierre.  ASPHALT 
MAINTENANCE MATERIALS:  to award the bid to J&J Asphalt Co, Rapid City for 1) asphalt 
concrete, Class E, Type 1; and, 2) asphalt concrete, Class E, Type 2; and, to award the bid to 
Simon Contractors of SD, Inc., Rapid City, for 3) asphalt concrete, Class S; and 4) cold mix 
maintenance mixture.  COMPOSITE ASPHALT CONCRETE:  to award the bid to Simon 
Contractors of SD, Inc.  CONCRETE PRODUCTS:  to award the bid to Cretex Concrete 
Products West, Inc., Rapid City.  CORRUGATED METAL PIPE:  to award the bid to Huron 
Culvert & Tank Co., Huron.  CUTBACK AND EMULSIFIED ASPHALT:  to award the bid to 
Hills Materials Company, Rapid City.  EQUIPMENT RENTAL:  to award the bid to 
Bierschbach Equipment & Supply, Rapid City; Butler Machinery Company, Rapid City; JD 
Evans, Inc., Sioux Falls; Jenner Equipment Co., Rapid City; and, Sheehan Mack Sales & 
Equipment, Rapid City; based upon availability of equipment.  FENCING:  to award the bid to 
M & M Fencing, Rapid City.  GUARDRAIL:  to award the bid to J.H. Hilt Engineering, Inc., 
Rapid City.  MAGNESIUM CHLORIDE SOLUTION:  to award the bid to Z & S Dust Control 
System, Rapid City.  SEEDING, FERTILIZING, MULCHING AND EROSION CONTROL 
BLANKET:  to award the bid to M & M Fencing, Rapid City.  TIMBER BRIDGE 
MATERIALS:  to award the bid to Wheeler Lumber, LLC, Whitewood.  TRAFFIC CONTROL 
MATERIALS:  to award the bid to Lyle Signs, Inc., Jamestown, ND.  MOVED by Holbrook and 
seconded by Schmidt to award all items in Item #4 as stated above.  Vote:  Unanimous.  
B.         AGREEMENT FOR MAINTENANCE OF HAWTHORNE DITCH:  MOVED by 
Holbrook and seconded by Schmidt to authorize the highway superintendent to enter into an 
agreement with Donna Klapperich for maintenance of the Hawthorne Ditch for 2009.  Vote:  
Unanimous.
C.        AUTHORIZATION TO BID HAYING CONTRACT FOR LIBERTY BLVD AND 
HWY 14/16:  MOVED by Kjerstad and seconded by Schmidt to authorize the Highway 
Department to advertise for bids for a haying contract for a portion of Liberty Boulevard and a 
portion of Highway 14/16.  Vote:  Unanimous.
D.        SPRING LOAD LIMITS:  MOVED by Trautman and seconded by Holbrook to leave the 
spring load limits as determined for 2009 and not to develop a program issuing special permits to 
exceed limits.  Vote:  Unanimous.
ITEMS FROM WEED & PEST

B.	ATV PURCHASE:  MOVED by Holbrook and seconded by Trautman to authorize the 
purchase of a 2008 Honda Recon 250 from Rice Honda Suzuki for $3,444 and to schedule a 
hearing at 9:15 a.m. on Tuesday, April 7, 2009 to supplement the General Fund Weed budget in 
the amount of $3,444 from designated equipment reserves in the General Fund.  Vote:  
Unanimous.

REQUEST TO SELL RAFFLE TICKETS – RUSHMORE CHAPTER OF ABATE:  
MOVED by Holbrook and seconded by Trautman to approve the request of Rushmore Chapter 
of Abate, Inc., a non-profit organization, to sell raffle tickets for the August 8, 2009 event.  Vote:  
Unanimous.

2009 EAP AGREEMENT – MARGARET SKILLMAN:  MOVED by Schmidt and seconded 
by Trautman to authorize the Chairperson’s signature to the revised proposal concerning the 
Behavior Management Systems, Inc. EAP Agreement for 2009 based on $80 per hour as used 
and $3 per employee.  Vote:  Unanimous.

COST OF COMMUNITY SERVICES STUDIES FOR PENNINGTON COUNTY (CON’T 
FROM 2-17-09 BOC MEETING):  MOVED by Trautman and seconded by Schmidt to hold 
payment to Colorado State University regarding the Cost of Community Services Studies until 
contact can be made with A. Seidel by the April 7, 2009 Board of Commissioners’ meeting.  
Vote:  Unanimous.

MISCELLANEOUS

A.	APPROVE VOUCHERS:  MOVED by Trautman 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.

PENNINGTON COUNTY COUNCIL ON AGING:  MOVED by Trautman and seconded by 
Schmidt to reroute money given to the Pennington County Council on Aging to the Meals on 
Wheels program.  SUBSTITUTE MOTION by Holbrook to route the money back to the Auditor 
and then decide how it should be redistributed.  Motion failed for lack of second.  Vote on 
original motion:  Unanimous.

BOARD OF ADJUSTMENT

MOVED by Schmidt and seconded by Kjerstad to convene as a Board of Adjustment.  Vote:  
Unanimous.

A.	VARIANCE / VA 09-05:  Robin Silk.  To reduce the minimum required side yard 
setback from 8 feet to 0 feet in a Suburban Residential District to allow for the construction of a 
garage in accordance with Sections 208 and 509 of the Pennington County Zoning Ordinance.

Lot 9, Block 1, County Heights Subdivision, Section 3, T1N, R8E, BHM, Pennington 
County, South Dakota.

MOVED by Schmidt and seconded by Trautman to accept staff recommendation to deny 
Variance #09-05 to reduce the side yard setback from eight (8) feet to zero (0) feet to allow for 
the construction of a garage.  SUBSTITUTE MOTION by Kjerstad and seconded by Holbrook  
to approve VA 09-05.  Vote:  Yes:  Kjerstad, Holbrook.  No:  Schmidt, Young, Trautman.  
Motion failed 3 to 2.  Motion denied.

B.	VARIANCE / VA 09-06:  Michael Bergstresser.  To allow for Lot Size Variances to 
reduce the minimum required lot sizes from 40 acres to 1.571 acres and 1.645 acres and Setback 
Variances to reduce the minimum required side yard setback from 25 feet to 8 feet to bring an 
existing shop building into compliance located on proposed Lot A, to reduce the minimum 
required front yard setback from 25 feet to 8 feet to bring an existing single-wide mobile home 
into compliance on proposed Lot A, and to reduce the minimum required side yard setback from 
25 feet to 8 feet to bring the existing single-family residence into compliance on proposed Lot B, 
all in a General Agriculture District in accordance with Sections 205 and 509 of the Pennington 
County Zoning Ordinance.

	Located on the following metes and bounds descriptions:  Lot A - a Parcel of land, 
located in the Southeast Quarter (SE¼) of the Northwest Quarter (NW¼) of Section 31, 
Township Two North (T2N), Range Seven East (R7E), Black Hills Meridian (BHM), 
Pennington County, South Dakota.  The Point of Beginning for said Parcel bears 
N73°45’22” E and a distance of 1460.18’ from the West Quarter Corner (W¼) of said 
Section 31, which is a standard U.S.F.S. monument with an aluminum cap marked “LS 
4481”, said Point of Beginning being the northwesterly corner of Lot 6 in the SE¼ of the 
NW¼ of said Section 31 and recorded in Plat Book 3, Page 48; said Parcel is more 
particularly described as follows: THENCE FIRST COURSE: along the northerly line of 
said Lot 6 a bearing of N83°08’02”E and a distance of 270.99 feet to an intersection with 
the westerly right-of-way line of South Canyon Road; THENCE SECOND COURSE: 
along said right-of-way line, a bearing of S00°44’32”W and a distance of 52.58 feet; 
THENCE THIRD COURSE: continuing along said right-of-way line, a bearing of 
S13°40’09”E and a distance of 38.27 feet to a point of curvature; THENCE FOURTH 
COURSE: continuing along said right-of-way, along a curve with a delta angle to the left 
of 27°59’36”, a radius of 398.10 feet and an arc length of 194.50 feet with a chord 
bearing of S18°30’29”E and a chord distance of 192.57 feet; THENCE FIFTH COURSE: 
continuing along said right-of-way line, a bearing of S56°45’43”W and a distance of 
25.00 feet to a point of curvature; THENCE SIXTH COURSE: along said right-of-way, 
along a curve with a delta angle to the left of 2°49’10”, a radius of 423.10 feet and an arc 
length of 20.82 feet with a chord bearing of S33°57’28”E and a chord distance of 20.82 
feet to an intersection with the southerly line of Lot 3 in the SE¼ of the NW¼ of said 
Section 31 and recorded in Plat Book 3, Page 44; THENCE SEVENTH COURSE: along 
said southerly line of Lot 3 a bearing of N89°32’51”W and a distance of 136.57 feet to 
the westerly corner of Lot 3 in the SE¼ of the NW¼ of said Section 31 and recorded in 
Plat Book 3, Page 44 which is coincident with the southwesterly corner of Lot 4 (same 
platting); THENCE EIGHTH COURSE: along the westerly line of said Lot 4 and Lot 5 
(same platting) a bearing of N31°07’51”W and a distance of 108.19 feet; THENCE 
NINTH COURSE: along a line with a bearing of N62°42’30”W and a distance of 82.09 
feet; THENCE TENTH COURSE: along a line with a bearing of S33°59’51”W and a 
distance of 114.12 feet to an intersection with the westerly line of said Lot 6; THENCE 
ELEVENTH COURSE: along said westerly line of Lot 6 a bearing of N00°00’00”E and 
a distance of 234.23 feet to the Point of Beginning.  Said Parcel of Land Contains 1.571 
acres, more or less.  

Lot B - a Parcel of land, located in the Southeast Quarter (SE¼) of the Northwest Quarter 
(NW¼) of Section 31, Township Two North (T2N), Range Seven East (R7E), Black 
Hills Meridian (BHM), Pennington County, South Dakota. The Point of Beginning for 
said Parcel bears N82°54’57” E and a distance of 1412.67’ from the West Quarter Corner 
(W¼) of said Section 31, which is a standard U.S.F.S. monument with an aluminum cap 
marked “LS 4481”, said Point of Beginning being at a point on the westerly line of Lot 6 
in the SE¼ of the NW¼ of said Section 31 and recorded in Plat Book 3, Page 48; said 
Parcel is more particularly described as follows: THENCE FIRST COURSE: along a line 
with a bearing of N33°59’51”E and a distance of 114.12 feet; THENCE SECOND 
COURSE: along a line with a bearing of S62°42’30”E and a distance of 82.09 feet to an 
intersection with the westerly line of Lot 5 in the SE¼ of the NW¼ of said Section 31 
and recorded in Plat Book 3, Page 44; THENCE THIRD COURSE: along the westerly 
line of said Lot 5 and Lot 4 (same platting) a bearing of S31°07’51”E and a distance of 
108.19 feet to the southwesterly corner of said Lot 4 which is coincident with the 
westerly corner of Lot 3 (same platting); THENCE FOURTH COURSE: along southerly 
line of said Lot 3 bearing S89°32’51”E and a distance of 136.57 feet to an intersection 
with the westerly right-of-way line of South Canyon Road to a point of curvature; 
THENCE FIFTH COURSE: along said right-of-way, along a curve with a delta angle to 
the left of 4°08’01”, a radius of 423.10 feet and an arc length of 30.52 feet with a chord 
bearing of S37°26’03”E and a chord distance of 30.52 feet; THENCE SIXTH COURSE: 
continuing along said right-of-way line, a bearing of N51°09’44”E and a distance of 
25.00 feet to a point of curvature; THENCE SEVENTH COURSE: continuing along said 
right-of-way, along a curve with a delta angle to the left of 3°52’46”, a radius of 398.10 
feet and an arc length of 26.96 feet with a chord bearing of S41°28’57”E and a chord 
distance of 26.95 feet;  THENCE EIGHTH COURSE: continuing along said right-of-way 
line, a bearing of S46°34’40”W and a distance of 5.00 feet to a point of curvature; 
THENCE NINTH COURSE: continuing along said right-of-way, along a curve with a 
delta angle to the left of 2°04’13”, a radius of 403.10 feet and an arc length of 14.57 feet 
with a chord bearing of S44°27’26”E and a chord distance of 14.57 feet to an intersection 
with the easterly line of Lot 2 in the SE¼ of the NW¼ of said Section 31 and recorded in 
Plat Book 3, Page 44; THENCE TENTH COURSE: along the southeasterly line of said 
Lot 2 a bearing of S55°31’56”W and a distance of 78.57 feet to the angle point corner of 
said Lot 2 which is coincident with the angle point corner of Lot 1 (same platting); 
THENCE ELEVENTH COURSE: continuing along the southeasterly line of said Lot 2 a 
bearing of S19°26’56”W and a distance of 80.73 feet to the southeasterly corner of said 
Lot 2 which is marked by a 5/8” rebar which is coincident with the southwesterly corner 
of Lot 1 (same platting); THENCE TWELFTH COURSE: along southerly line of said 
Lot 2 a bearing of N89°58’39”W and a distance of 300.04 feet to the southwesterly 
corner of said Lot 2; THENCE THIRTEENTH COURSE: along westerly line of said Lot 
2 and said Lot 6 a bearing of N00°00’00”E and a distance of 199.77 feet to the Point of 
Beginning.  Said Parcel of Land Contains 1.645 acres, more or less.

MOVED by Trautman and seconded by Holbrook to accept staff recommendation to approve 
VA 09-06 to reduce the minimum required lot sizes from 40 acres to 1.571 acres and 1.645 acres 
and to reduce the minimum required side yard setback from 25 feet to 8 feet to bring an existing 
shop building into compliance located on proposed Lot A, to reduce the minimum required front 
yard setback from 25 feet to 8 feet to bring an existing single-wide mobile home into compliance 
on proposed Lot A, and to reduce the minimum required side yard setback from 25 feet to 8 feet 
to bring the existing single-family residence into compliance on proposed Lot B with the 
following two (2) conditions: 1. That a Building Permit be obtained for any structure exceeding 
144 square feet or located on a permanent foundation, which requires a site plan to be reviewed 
and approved by the Planning Director; and, 2. That this Variance only applies for the portion of 
the side-yard setback requirement that is already encroached upon by the existing shed located 
on proposed Lot A, for the front-yard setback requirement that is already encroached upon by the 
single-wide mobile on proposed Lot A, and also for the portion of the side-yard setback 
requirements that are already encroached upon by the existing single-family on proposed Lot B. 
All other structures must maintain the proper setback requirements or obtain separate Variance(s) 
for that structure.  Vote:  Unanimous.

MOVED by Kjerstad and seconded by Schmidt to adjourn as a Board of Adjustment and 
reconvene as the Board of Commissioners.  Vote:  Unanimous.

ITEMS FROM PLANNING AND ZONING:

Commissioner Holbrook left at 11:55 a.m.

C.	VACATION OF EASEMENT / VE 09-01:  DenKim Corporation (Fireside Restaurant).  
To vacate a portion of a dedicated water line easement in accordance with the Pennington 
County Zoning Ordinance.

Lot B of NW1/4NE1/4, Section 9, T1N, R6E, BHM, Pennington County, South Dakota.

MOVED by Trautman and seconded by Schmidt to accept staff recommendation to approve VE 
09-01 with the following two (2) conditions: 1. That the vacation document be filed at Register 
of Deeds; and, 2. That prior to filing the Vacation of Easement with Register of Deeds, the 
applicant must apply for the Variance.  Vote:  Unanimous.

D.	MINOR PLAT / PL 09-05:  Benchmark Properties; Michael Alley – Agent.  To create 
Lots 2A, 2B, 3R, and Well Lot Revised of Granite Point Subdivision in accordance with Section 
400.3 of the Pennington County Subdivision Regulations.
	
EXISTING LEGAL:  Lot 2, Granite Point Subdivision, Section 10, T2S, R6E, BHM, 
Pennington County, South Dakota.

PROPOSED LEGAL:  Lots 2A, 2B, 3R, and Well Lot Revised, Granite Point 
Subdivision, Section 10, T2S, R6E, BHM, Pennington County, South Dakota.

MOVED by Schmidt and seconded by Trautman to accept Planning Commission 
recommendation to approve Minor Plat 09-05 with the following four (4) conditions: 1. That the 
Road District maintains the roads; 2. That a “Certificate of Planning Director” be added to the 
Minor Plat document prior to filing the plat with Register of Deeds; 3. That the “Floodplain 
Statement” be added to the Minor Plat document prior to filing the plat with Register of Deeds 
and, 4. That the Homeowner’s Association or Water Association maintains the water reservoir.  
Vote:  Unanimous.

E.	FIRST READING AND PUBLIC HEARING OF PLANNED UNIT DEVELOPMENT 
AMENDMENT / PU 09-05:  Benchmark Properties; Michael Alley – Agent.  To amend a 
Planned Unit Development to reduce the minimum required front yard setback from 20 feet to 19 
feet to bring an existing town home unit into compliance in accordance with Section 213 of the 
Pennington County Zoning Ordinance.

Lot 2, Granite Point Subdivision, Section 10, T2S, R6E, BHM, Pennington County, 
South Dakota.

MOVED by Schmidt and seconded by Trautman to accept Planning Commission 
recommendation to approve PU 09-05 to reduce the front yard setback on Lots 2A and 2B from 
20 feet to 19 feet.  Vote:  Unanimous.

F.	FIRST READING AND PUBLIC HEARING OF PLANNED UNIT DEVELOPMENT 
AMENDMENT / PU 09-04:  Doug Gokie/Bobbie Schauer.  To amend a Planned Unit 
Development to reduce the minimum required side yard setback (north) from 25 feet to 8 feet to 
allow for the construction of an outbuilding in accordance with Section 213 of the Pennington 
County Zoning Ordinance.

Lot 8, Block 3, Sheridan Lake Highlands, Section 34, T1N, R6E, BHM, Pennington 
County, South Dakota.

MOVED by Trautman and seconded by Kjerstad to accept Planning Commission 
recommendation to approve PU 09-04 with the following three (3) conditions: 1. That this PUD 
Amendment only applies for the portion of the side yard setback requirement that will be 
encroached upon up to 17 feet (creating an 8 foot setback) by construction of the proposed 
outbuilding. All other structures must maintain the proper setback requirements or obtain 
approval of separate PUD Amendment(s) for that structure; 2. That if it is determined that the 
existing outbuilding (dog house) is not meeting the minimum 25 foot setback or any portion is 
found to be located on U.S. Forest Service property, this setback encroachment be corrected by 
either relocating the structure or obtaining approval of another PUD Amendment prior to 
issuance of any Building Permit for the subject property unless the outbuilding was constructed 
prior to the adoption of the original PUD for Sheridan Lake Highlands; and, 3. That all other 
existing conditions of the original PUD for Sheridan Lake Highlands are still valid and 
applicable to the subject property with the exception of Condition #9 regarding setbacks.  Vote:  
Unanimous.

G.	LAYOUT PLAT / PL 09-04:  Larry McCaskell.  To create Lots 11-13 and Lots 17-20 of 
High Country Ranch Subdivision in accordance with Section 400.1 of the Pennington County 
Subdivision Regulations.

EXISTING LEGAL:  Tract A less High Country Ranch Subdivision and less ROW, 
Section 15, T1S, R4E, BHM, Pennington County, South Dakota.

PROPOSED LEGAL:  Lots 11-13 and Lots 17-20 of High Country Ranch Subdivision, 
Section 15, T1S, R4E, BHM, Pennington County, South Dakota.

MOVED by Schmidt and seconded by Trautman to accept Planning Commission 
recommendation to approve PL 09-04 with the following fifteen (15) conditions: 1. That prior to 
County Board approval of the Final Plat, the following note be located on the plat: “Any work 
performed within the boundaries of the 100-year floodplain, will require a Floodplain 
Development Permit prior to beginning the work;” 2. That if there is to any expansion to Lots 
11-13 that would increase wastewater, the applicant must submit information stating the existing 
wastewater disposal system is adequate to handle the additional flow; 3. That at the time of 
Preliminary Plat submittal, the applicant shall either provide the five (5) foot topographic 
information as required in Section 400.2.2.n of the Subdivision Regulations or obtain a 
Subdivision Regulations Variance to waive this requirement; 4. That at the time of Preliminary 
Plat submittal, the applicant must submit percolation test results and soil profile information for 
proposed lots 17-20 or obtain a Subdivision Regulations Variance to waive this requirement; 5. 
That at the time of Preliminary Plat submittal, the applicant must submit a Fire Mitigation Plan 
or obtain a Subdivision Regulations Variance to waive this requirement; 6. That prior to Final 
Plat approval, wording to say dedicated to “public” for High Country Court be located on the plat, 
if that is the case; 7. That at the time of Preliminary Plat submittal, the applicant submit engineered 
road construction plans for the 50-foot right-of-way to be created for this plat or obtain approval of a 
Subdivision Regulations Variance waiving this requirement; 8. That prior to Final Plat approval, all 
roads within the plat be constructed to Local Road Standards which include a 24-foot-wide driving 
surface with a minimum of four inches of gravel or obtain approval of a Subdivision Regulations 
Variance waiving this requirement; 9. That all proposed septic systems obtain approval from the 
South Dakota Department of Environment and Natural Resources; 10. That addresses be clearly 
posted, inside and out, in every structure throughout the PUD; 11. That at the time of submittal of 
the Preliminary Plat, the applicant submit the site plan showing all existing structures and septic 
systems located throughout the PUD; 12. That at time of Preliminary Plat submittal, the applicant 
submits topography at five foot contour intervals or obtains approval of a Subdivision 
Regulations Variance waiving these requirements; 13. That all right-of-ways be a minimum of 
66-feet or obtain approval of a Subdivision Regulations Variance waiving this requirement; 14. 
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, 15. That this Layout Plat is not valid until the 
applicant signs the Statement of Understanding, which is available at the Planning Office.  Vote:  
Unanimous.

H.	ORDINANCE AMENDMENT / OA 09-02:  Pennington County.  On-Site Wastewater 
Systems.  MOVED by Schmidt and seconded by Trautman to continue this item to the April 7, 
2009 Board of Commissioners’ meeting.  Vote:  Unanimous.

I.	SECOND READING OF REZONE / RZ 09-01:  James Steele; Fisk Land Surveying – 
Agent.  To rezone 8.8 acres from General Agriculture District to Limited Agriculture District in 
accordance with Section 508 of the Pennington County Zoning Ordinance.  MOVED by Kjerstad 
and seconded by Trautman to approve the second reading of RZ 09-01.  Vote:  Unanimous.

ORDINANCE NO. RZ 09-01

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:

That portion of the SE1/4SE1/4SE1/4 lying south of Lot H-1, Section 25, T2N, R6E, BHM, 
Pennington County, South Dakota.

The above-described property is hereby rezoned from General Agriculture District to Limited 
Agriculture District.

Dated this 17th day of March, 2009

Brenda Young, Chairperson
PENNINGTON COUNTY COMMISSION
ATTEST: /s/ Lori Severson, Deputy Auditor

J.	SECOND READING OF ORDINANCE AMENDMENT / OA 09-01:  Pennington 
County.  Section 316 – Telecommunication Facilities Ordinance.  MOVED by Schmidt and 
seconded by Trautman to approve the second reading of OA 09-01 with the insertion of intent to 
locate statement.  Vote:  Unanimous.

ORDINANCE #34-02

AN ORDINANCE AMENDING THE PENNINGTON COUNTY ZONING ORDINANCE.

BE IT HEREBY ORDAINED BY THE PENNINGTON COUNTY BOARD OF 
COMMISSIONERS THAT THE PENNINGTON COUNTY ORDINANCE #34 BE 
AMENDED AS FOLLOWS:  

SECTION 316 –TELECOMMUNICATIONS FACILITY

A.	PURPOSE

The purpose of this Ordinance is to regulate the placement, construction and modification of 
Telecommunication Facilities and to establish criteria under which wireless communications will 
be permitted in Pennington County.  The goals of this Ordinance are: 

To promote the health, safety and public welfare of the community; 

To locate telecommunications towers and antennas in areas where adverse impacts on the 
community are minimized and to promote harmonious co-existence of telecommunications 
towers with other land uses; 

To enhance the ability of the providers of telecommunications services to deliver such services to 
the citizens of Pennington County effectively and efficiently; 

To encourage the design and construction of towers and antennas to minimize adverse visual 
impacts and promote visual quality; and 

To encourage the joint use or co-location of new and existing tower sites among service 
providers.

B.	DEFINITIONS

ADMINISTRATOR:  The Planning Director or individual designated by the Planning 
Commission to conduct the Administrative Review referred to in this Ordinance.  

ADMINISTRATIVE APPROVAL:  Zoning approval that the Administrator is authorized to 
grant after Administrative Review.  

ADMINISTRATIVE REVIEW: The procedures established in Section F of this Ordinance.  

ACCESSORY EQUIPMENT:  Any equipment servicing or being used in conjunction with a 
Telecommunication Facility or Support Structure.  This equipment includes, but is not limited to, 
utility or transmission equipment, power supplies, generators, batteries, cables, equipment 
buildings, cabinets and storage sheds, shelters, guy wires or other structures.  

ANTENNA:  Any structure or device used to collect or radiate electromagnetic waves for the 
provision of cellular, paging, personal communications services (PCS) and microwave 
communications.  Such structures and devices include, but are not limited to, directional 
antennas, such as panels, microwave dishes and satellite dishes, and omnidirectional and whip 
antennas.  
CAMOUFLAGED FACILITY:  A Telecommunications Facility that resembles a tree or 
naturally occurring environmental feature, or, if the facility resembles or is a flag pole, antennas 
are snug or stealth mounted and/or a flag is attached to the pole.  

“CARRIER ON WHEELS” OR “CELL ON WHEELS” (COW):  A portable self-contained cell 
site that can be moved to a location and set up to provide personal wireless services on a 
temporary or emergency basis.  A COW is normally vehicle-mounted and contains a telescoping 
boom as the Antenna Support Structure.  

CO-LOCATION:  The use of a Telecommunications Facility by more than one wireless 
telecommunications provider.  Co-location also means locating wireless telecommunica-tions 
facilities on an existing structure (for example:  buildings, water tanks, towers, utility poles, etc.) 
without the need to construct a new Support Structure.  

FEDERAL AVIATION ADMINISTRATION (FAA):  A Federal agency that is responsible for 
the safety of civilian aviation.

FEDERAL COMMUNICATIONS COMMISSION (FCC):  A Federal agency that regulates 
interstate and international communications by radio, television, wire, cable, and satellite.

LATTICE TOWER:  A Support Structure constructed of vertical metal struts and cross-braces 
forming a triangular or square structure which often tapers from the foundation to the top.

MAJOR MODIFICATIONS:  Improvements to existing Wireless Telecommunication Facilities 
or Support Structures that result in a “substantial” change to the facility or structure.  Major 
Modifications include any one of the following:  (1.)  Extending the height of the Support 
Structure by more than 10 percent of its current height; and, (2.)  The Support Structure does not 
meet the definition of “Replacement” as defined in this Ordinance.  Co-location of new 
Telecommunications Facilities to an existing Support Structure without Replacement or 
extension of the structure shall be considered a Minor Modification.  Major Modifications shall 
require approval of a Telecommunications Facility Permit.

MINOR MODIFICATIONS:  Improvements to existing Wireless Telecommunications Facilities 
and Support Structures that result in some material change to the facility or Support Structure but 
of a level, quality, or intensity that is less than a “substantial” change.  Such Minor Modifications 
include, but are not limited to, extending the height of the Support Structure by less than 10 
percent of its current height and the expansion of the compound area for additional Accessory 
Equipment.  

MONOPOLE:  A Support Structure constructed of a single, freestanding pole-type structure 
supporting one or more antennas. 

ORDINARY MAINTENANCE:  Ensuring that Telecommunications Facilities and Support 
Structures are kept in good operating condition.  Ordinary Maintenance includes inspections, 
testing, and modifications that maintain functional capacity and aesthetic and structural integrity.  
For example, the strengthening of a Support Structure’s foundation or of the Support Structure 
itself.  Ordinary Maintenance includes replacing Antennas and Accessory Equipment on a like-
for-like basis within an existing Telecommunications Facility and relocating the Antennas of 
approved Telecommunications Facilities to different height levels on an existing Tower upon 
which they are currently located. Ordinary Maintenance does not include Minor and Major 
Modifications.  

REPLACEMENT:  Constructing a new Support Structure of equal height and proportions to a 
preexisting Support Structure in order to accommodate co-location and removing the preexisting 
Support Structure.  

STEALTH TELECOMMUNICATIONS FACILITY:  Any Telecommunications Facility that is 
designed so that the purpose of the facility is not readily apparent to a casual observer.  

SUPPORT STRUCTURE(S):  A structure primarily designed to support Telecommunications 
Facilities including, but not limited to, Monopoles, Towers and other freestanding self-
supporting structures.

TELECOMMUNICATIONS FACILITY(ies):  Any unmanned facility established for the 
purpose of providing wireless transmission of voice, data, images or other information including, 
but not limited to, cellular telephone service, personal communications service (PCS), and 
paging service.  A Telecommunications Facility can consist of one or more Antennas and 
Accessory Equipment or one base station.     

TELECOMMUNICATIONS FACILITY PERMIT: A Telecommunications Facility Permit is 
required for all proposed facilities that serve as telecommunication sites for the purpose of 
providing wireless communications.

TOWER:  A lattice-type, guyed or freestanding structure that supports one or more Antennas. 

TOWER HEIGHT:  The vertical distance measured from the ground to the upper most point of 
the Telecommunications Tower and/or Antennae and all attachments.  

C.	APPROVALS REQUIRED FOR TELECOMMUNICATIONS FACILITIES AND 
SUPPORT STRUCTURES

1.	Administrative Review

a.	Telecommunications Facilities located on any existing Support Structure 
shall be permitted in any zoning district after Administrative Review and 
Administrative Approval in accordance with the standards set forth in 
Section F of this Ordinance.  

b.	New Telecommunications Facilities that are less than 60 feet in height 
shall be permitted in any zoning district after Administrative Review and 
Administrative Approval in accordance with the standards set forth in 
Section F of this Ordinance. 

c.	New Telecommunications Facilities up to 199 feet in height (including 
antennas) shall be permitted in non-residential zoning districts (Highway 
Service, Light Industrial, Heavy Industrial, and General Commercial 
District) after Administrative Review and Administrative Approval in 
accordance with the standards set forth in Section F of this Ordinance. 

d.	New Telecommunications Facilities up to 300 feet in height (including 
antennas) shall be permitted in General Agriculture Zoning Districts 
containing 40 acres or more after Administrative Review and 
Administrative Approval in accordance with the standards set forth in 
Section F of this Ordinance.  

e.	Stealth Telecommunications Facilities shall be permitted in any zoning 
district after Administrative Review and Administrative Approval in 
accordance with the standards set forth in Section F of this Ordinance.  

      2.	Telecommunications Facilities Permit

Telecommunications Facilities and Support Structures not permitted by Administrative 
Approval may be permitted in any district upon the granting of a Telecommunications 
Facility Permit from the Planning Commission in accordance with the standards set forth 
in this Ordinance.  

D.	EXEMPTIONS

Ordinary Maintenance of existing Telecommunications Facilities and Support Structures, as 
defined herein, shall be exempt from the standards set forth in this Ordinance.  In addition, the 
following facilities are not subject to the provisions of Section 316 of the Pennington County 
Zoning Ordinance:  

1.	Antennas used by residential households solely for broadcast radio and television 
reception;

   2.	Satellite antennas used solely for residential or household purposes;

	3.	A COW (Carrier on Wheels) placed for a period of not more than 120 days at any 
location within Pennington County after a declaration of an emergency or a 
disaster by the Governor or by the responsible official of Emergency 
Management, the Sheriff of Pennington County, and/or the Pennington County 
Board of Commissioners.  If within the allotted timeframe of 120 days it is 
determined that the COW will be needed for a longer period of time, the carrier 
provider may submit a letter to the Director of the Planning Department 
requesting an extension;   

4.	A COW (Carrier on Wheels) placed for a period of not more than 2 weeks at any 
location within Pennington County in order to serve a community event 
authorized by the Pennington County Board of Commissioners; and, 

	5.	Ham radio and amateur radio facilities.  

E.	AESTHETICS

Telecommunications Facilities shall be designed to minimize the visual impact on the 
surrounding environment and shall be compatible with the aesthetic character of the surrounding 
area.  The Antenna and Support Structure shall be designed to blend into the surrounding 
environment by use of available camouflaging, stealth design technology or other means where 
possible.  

In reviewing an application for a Telecommunications Facility, the following factors, at a 
minimum, may be considered by the Administrator and/or Planning Commission in relation to 
aesthetics:  
	
1.	Type of terrain in the surrounding area.
2.	Presence of trees or other existing natural features which help shield or block 
view angles.
3.	Use of colors and materials which are compatible with the surrounding area.
4.	FAA requirements for coloring and lighting. 
5.	New stealth designs. 

F.	TELECOMMUNICATIONS FACILITIES AND SUPPORT STRUCTURES 
PERMITTED BY ADMINISTRATIVE APPROVAL

1.	Telecommunications Facilities Located on Existing Structures

a.	Antennas and Accessory Equipment are permitted in all zoning districts 
when located on any existing structure including, but not limited to, 
buildings, water tanks, utility poles, existing Telecommunications 
Facilities, utility poles or any existing Support Structure in accordance 
with the requirements of this Section.

b.	Antennas and Accessory Equipment may exceed the maximum building 
height limitations, provided the Antenna and Accessory Equipment are in 
compliance with the requirements and standards of this Section.    

c.	Each Antenna mounted on existing structures and any Accessory 
Equipment shall meet the following standards: 

1.	Omnidirectional or Whip Antennas shall not exceed 20 feet in 
length/height and not exceed 7 inches in diameter and shall be of a 
color that is identical or similar in color of the Supporting 
Structure to make the Antenna and related Accessory Equipment 
visually unobtrusive.  

2.	Directional or Panel Antennas shall not exceed 10 feet in length 
and 2 feet in width and shall be of a color that is identical or 
similar to the color of the supporting structure to make the Antenna 
and related Accessory Equipment visually unobtrusive.  

3.	Cylinder-Type Antennas shall not exceed 10 feet in length and not 
exceed 12 inches in diameter and shall be of a color that is 
identical or similar to the color of the Supporting Structure to make 
the Antenna and related Accessory Equipment visually 
unobtrusive.  

4.	Satellite and microwave dishes shall not exceed 6 feet in diameter.  
Dish antennas greater than 3 feet in diameter shall be screened 
with an appropriate architectural treatment that is compatible with 
or integral to the architecture of the building to which they are 
attached.  This screening requirement shall not apply to dishes 
located upon Towers or Monopoles. 

5.	Other Antenna types not specifically mentioned shall be permitted 
if they are not significantly greater in size and will have a visual 
impact no greater than the Antennas listed above.  This provision is 
specifically included in this Ordinance to allow for future 
technological advancements in the development of Antennas. 

6.	Accessory Equipment shall be governed by the setback 
requirement of the underlying zoning.  

2.	New Support Structures 
      
a.	New Support Structures less than 60 feet in height shall be permitted in all 
zoning districts in accordance with the requirements of this Section and 
shall be governed by the setback requirement of the underlying zoning 
district.  

b.	New Support Structures up to 199 feet in height (including antennas) shall 
be permitted in Light Industrial, Heavy Industrial, General Commercial 
and Highway Service Zoning District in accordance with the requirements 
of this Section. 

1.	The minimum distance from the property which the Support 
Structure is to be located on shall be at least 500 feet from any 
residential zoning district (i.e.:  Low Density Residential, Planned 
Unit Development, Suburban Residential, Limited Agriculture and 
General Agriculture, containing less than 40 acres). 

2.	The placement of the Support Structure shall be governed by the 
setback requirement of the underlying zoning district. 

c.	New Support Structures up to 300 feet in height (including antennas) shall 
be permitted in a General Agriculture Zoning District containing 40 acres 
or more in accordance with the requirements of this Section.  The 
placement of the Support Structure shall be setback a minimum of 500 feet 
from all property lines abutting residential zoning districts.  Otherwise, 
Support Structures shall be setback a distance of 1.1 times the tower’s 
height from property lines not abutting a residential zoning district.

d.	Monopoles or replacement poles that will support utility lines, as well as a 
Telecommunications Facility, shall be permitted within utility easements 
or rights-of-way, in accordance with the requirements of this Part.

1.	The utility easement or right-of-way shall be a minimum of 100 
feet in width. 

2.	The easement or right-of-way shall contain overhead utility 
transmissions and/or distribution structures that are 80 feet or 
greater in height. 

3.	The height of the Monopole or replacement pole may not exceed 
by more than 20 feet the height of existing utility support 
structures.

4.	Monopoles and the Accessory Equipment associated there with 
shall be setback a minimum of 15 feet from all boundaries of the 
easement or right-of-way. 

5.	Single carrier Monopoles may be used within utility easements and 
rights-of-way due to the height restriction imposed by items 1 
through 4 above.  

6.	Poles that use the structure of a utility tower for support are 
permitted under this Section.  Such poles may extend up to 10 feet 
above the height of the utility tower.

7.	Monopoles or replacement poles located on public property or 
within public rights-of-way that will support public facilities or 
equipment, in addition to Telecommunications Facilities, shall be 
permitted in accordance with requirements of this Part.  Examples 
include, but are not limited to, municipal communication facilities, 
athletic field lights, traffic lights, street lights, and other types of 
utility poles in the public right-of-way.

3.	Stealth Telecommunications Facilities 

Stealth Telecommunications Facilities shall be permitted in all zoning districts after 
Administrative Review and Administrative Approval in accordance with the 
requirements below: 

a.	Antennas must be enclosed, camouflaged, screened, obscured or otherwise 
not readily apparent to a causal observer.

b.	The structure utilized to support the Antennas must be allowed within the 
underlying zoning district.  Such structures may include, but are not 
limited to, flagpoles, bell towers, clock towers, crosses, monuments, 
smoke stacks, parapets, and steeples.

c.	Setbacks for the supporting structure shall be governed by the setback 
requirements of the underlying zoning district.  

4.	General Standards, Submittal Requirements, and Miscellaneous Provisions

Unless otherwise specified herein, all Telecommunications Facilities and Support 
Structures permitted by Administrative Approval are subject to the applicable General 
Design Requirements and Application Submittal Requirements of Section H and Section 
I.  

5.	Administrative Review Process

a.	All Administrative Review Applications, along with all supporting 
documentation, as outlined in Section I, shall be submitted to the Planning 
Department for review and approval.   

b.	An Administrative Review application fee of $300.00 (non-refundable).  

c.	Procedure:

1.	Upon receipt of an application for Administrative Review, the 
Administrator will review the application and confirm that the 
proposed Telecommunications Facility is consistent with the 
Ordinance.  Within 15 business days of the receipt of an 
application for Administrative Review, the Administrator shall 
either:  (1.)  Inform the applicant in writing a decision granting or 
denying the request;  (2.)  Inform the applicant in writing the 
specific reasons why the application is incomplete and does not 
meet the submittal requirements; or, (3.)  Inform the applicant that 
the application does not meet the criteria of Section F for 
Administrative Review and shall require a Telecommunica-tions 
Facility Permit. 

2.	If it is determined by the Administrator that a Telecommunications 
Facility Permit is required, the application will be placed on a 
scheduled Planning Commission meeting.  This meeting is a public 
meeting and shall require the Telecommunications Facility Permit 
Application fees.  

3.	An applicant that receives notice of an incomplete application may 
submit additional documentation to complete the application.  An 
applicant’s failure to complete the application within 60 business 
days after receipt of written notice shall constitute a withdrawal 
without prejudice of the application.  An application withdrawn 
without prejudice may be resubmitted upon the filing of a new 
application fee. 

4.	Should the Administrator deny the application, written justification 
for the denial shall be provided.  The denial must be based on 
substantial evidence of inconsistencies between the application and 
the Ordinance.  The applicant may appeal such a denial as 
provided in the Ordinance. 

5.	The applicant or any member of the public may appeal any 
decision of the Administrator approving, approving with 
conditions, or denying an application or deeming an application 
incomplete, within 30 days to the Pennington County Board of 
Commissioners in accordance with this Ordinance.

6. 	An Administrative Review Permit requires a ten (10) day “Intent to 
Locate” notice to be mailed by the applicant to all properties 
abutting the subject site.  

7.	The Administrator shall forward any Administrative Review 
application to the Planning Commission for review and approval if 
issuance of the application may be in conflict with the public 
interest, adversely affects property owners in the area or is not 
consistent with the general requirements of this Ordinance.  No 
application shall be issued by the Administrator where the result 
will not be contrary to the purpose of this Ordinance.  

G.	TELECOMMUNICATIONS FACILITIES AND SUPPORT STRUCTURES 
PERMITTED BY A TELECOMMUNICATIONS FACILITIES PERMIT

1.	Any Telecommunications Facility or Support Structure that does not meet the 
requirements of Section F, shall require a Telecommunications Facility Permit 
and be subject to:

a.	The setback requirements as stated in this Section, and; 
b.	The applicable standards of Sections H and I. 

2.	Setback Requirements:  

a.	Minimum setback requirements:

1.	Unless otherwise stated herein, Monopoles, Towers and Support 
Structures shall be setback from all property lines 1.1 times the 
tower’s height. 
2.	Accessory Equipment shall comply with the minimum setback of 
the underlying zoning district. 

b.	Maximum Height: 

1.	Monopoles, Towers and Support Structures shall not exceed 300 
feet above ground level to the top of the highest point.  
2.	Unless otherwise stated herein, Accessory Equipment shall not 
exceed 12 feet in height. 

c.	Maximum size of equipment shelter:  400 square feet per carrier.

3.	Procedure: 

a.	A completed Telecommunications Facility Permit Application, along with 
all supporting documentation, as outlined in Section I, shall be submitted 
to the Planning Department for review at least 19 working days prior to a 
regularly scheduled Planning Commission meeting.  

b.	A fee of $600.00 (nonrefundable) shall be submitted with the application 
which includes publication costs.  Additional fees are required for a 
property owner’s list and a sign deposit.

c.	The Planning Department shall review the completed Telecommunications 
Facility Permit Application for compliance with this Ordinance. Any 
application not containing and/or addressing all the information required 
in Section H and Section I shall be rejected and returned to the applicant 
together with the reasons for rejection.  

d.	The Planning Department will submit a legal notice to the local 
newspaper(s) for advertising purposes.  The notice shall state the date the 
Planning Commission will review and consider the Telecommunications 
Facility Permit Application. 

e.	Upon submittal of all the application materials and the required fees, the 
Planning Department will prepare the Notice of Hearing letters and the 
Property Owner’s List of those persons who own land within 500 feet of 
the subject property.  A minimum fee of $20.00 is added to cover the costs 
of preparing the property owner’s list.  

f.	The Planning Department will notify the applicant when the Property 
Owner’s List and the Notice of Hearing letters have been prepared.  The 
applicant must send a copy of the Notice of Hearing letter to each of the 
property owners on the list by certified mail with return receipt requested.  
The notice letters must be mailed no less than 10 days prior to the date of 
the public hearing.  The white receipts for certified mail must be returned 
to the Planning Department prior to the date of the public hearing.  These 
are retained in the Planning Department as part of the official record to 
document that the required mailings were completed.  If the mailing has 
not been completed as stated herein, the hearing must be continued to the 
next Planning Commission meeting and the applicant shall be required to 
re-notify the affected property owners of the rescheduled hearing date.  

g.	A $50.00 deposit (refundable) is required for a sign, provided by the 
Planning Department.  This sign must be posted on the property in such a 
manner that it is visible from the road, which provides access to the 
property.  The sign must be posted no less than 10 days prior to the date of 
the hearing and must remain posted until final action by the Planning 
Commission.  The $50.00 deposit is refunded when the sign is returned 
within 6 months of the Planning Commission action.

h.	The Planning Department shall recommend to the Planning Commission 
either approval, approval with conditions, or denial of the application 

i.	The Planning Commission shall consider the Telecommunications Facility 
Permit Application and public comment regarding the application’s 
technical compliance with the Ordinance after receiving and reviewing the 
Planning Department’s recommendation.

j.	The Planning Commission shall take formal action to approve, approve 
with conditions, or deny the Telecommunications Facility Permit 
Application within 30 working days of the initial hearing of the 
application.  If the action is to deny the Telecommunications Permit 
Application, the reasons for such action shall be stated in the minutes and 
specific reference shall be made to the requirements not met.  

k.	The Planning Commissions’ decision shall be final unless any aggrieved 
person files a written appeal within 5 working days with the Planning 
Department.  When an appeal is filed, the Planning Director shall present 
the Planning Commissions’ decision to the Pennington County Board of 
Commissioners for review.  The Pennington County Board of 
Commissioners shall vote to uphold, overrule, or amend the decision of 
the Planning Commission.  The public is invited to express their opinions.

H.	GENERAL DESIGN REQUIREMENTS

1.	Location of Telecommunications Facility

a.	Applicants for a Telecommunications Facility shall locate, site, and erect 
said Telecommunications Facility in accordance with the following 
priorities:  one being the highest priority and five being the lowest priority. 

1.	On existing Towers or other structures without increasing the 
height of the tower or structure;
2.	On properties zoned, or if not zoned, characterized predominately 
by industrial use;
3.	On properties zoned General Commercial;
4.	On properties containing 40 acres or more and zoned General 
Agriculture; 
5.	On properties zoned, or if not zoned, characterized predominately 
by residential use. 

b.	If the proposed site is not proposed for the highest priority listed above, 
then a detailed explanation must be provided as to why a site of a higher 
priority was not selected.  The person seeking such an exception must 
demonstrate the reason or reasons why approval should be granted for the 
proposed site and the hardship that would be incurred by the applicant if 
the permit were not granted for the proposed site. 

c.	An applicant may not by-pass sites of higher priority by stating the site 
proposed is the only site leased or selected.  The applicant shall address 
co-location as an option.  If such option is not proposed, the applicant 
must explain why co-location is not possible.  

d.	Notwithstanding the above, the Administrator and/or Planning 
Commission may approve any site located within an area in the above list 
of priorities, provided the Administrator and/or Planning Commission 
finds that the proposed site is in the best interest of the health, safety and 
welfare of the County and its residents and will not have a deleterious 
effect on the nature and character of the existing uses on the surrounding 
properties.  

e.	The applicant shall submit a written report demonstrating the applicant’s 
review of the above locations in order of priority, demonstrating the 
technological reason for the site selection.  

f.	Notwithstanding that a potential site may be situated in an area of highest 
priority or highest available priority, the Administrator and/or Planning 
Commission may disapprove an application for any of the following 
reasons:

1.	The use or construction of Telecommunications Facilities which is 
contrary to an already stated purpose of a specific zoning or land 
use designation.
2.	Conflict with the character of the surrounding land uses.
3.	The owner(s) of the property do not agree to allow future co-
location of other antenna(s).   
4.	Conflicts with the provisions of this Ordinance. 

2.	In addition to all other requirements set forth in this Section, Telecommunications 
Facilities shall meet the following design requirements to minimize the visual 
impact of new facilities:  

a.	Based on potential aesthetic impacts, the order of preference for facility 
type is:  façade-mounted, roof-mounted, Stealth, Monopole, lattice tower 
and guyed tower.  If a Monopole, Lattice Tower or guyed tower is 
proposed, the application must include an explanation as to why other 
facility types are not feasible.  

b.	All facilities shall be designed and located to minimize their visibility to 
the greatest extent feasible, considering technological requirements, by 
means of placement, screening, and camouflage.  The applicant shall use 
the smallest and least visible antennas feasible to accomplish the 
owner/operator’s coverage objectives.  

c.	When feasible, a facility shall be sited so that at least 80 percent of the 
height of the tower and accompany structure(s) is screened from view by 
vegetation. 

d.	All Telecommunications Facilities proposed for locations where they 
would be readily visible shall incorporate appropriate techniques to 
camouflage or disguise the facility, and/or blend it into the surrounding 
environment to the extent feasible.  

e.	Colors and materials for facilities shall be chosen to minimize visibility.  
All visible exterior surfaces shall be constructed of non-reflective 
materials.  Facilities shall be painted or textured using colors to match or 
blend with the background.

f.	Façade-mounted equipment shall not project more than 18 inches from the 
face of the building or other Support Structure unless specifically 
authorized by the Administrator or the Planning Commission.  

g.	Roof-mounted antennas shall be located in an area of the roof where the 
visual impact is minimized.  

h.	Avoid tower heights and locations which necessitate FAA coloring and 
lighting.  Towers of any height should not be lighted unless specifically 
required by FAA.  

i.	At the time of modification or upgrade of facilities, existing equipment 
shall, to the extent feasible, be replaced with equipment of equal or greater 
technical capacity and reduced size so as to reduce visual impacts.

j.	All facilities shall be designed to be resistant to and minimize 
opportunities for unauthorized access, climbing and vandalism.  The base 
of the tower shall be surrounded by a fence or wall at least 7 feet in height 
unless the tower is constructed entirely on a building over 7 feet in height.  
Screening may be required around the support structure and any related 
equipment buildings or cabinets. 

3.	Commercial advertising is strictly prohibited.  Signs located at the 
Telecommunications Facility shall be limited to ownership, contact information, 
FCC antenna registration number (if required), and any other information as 
required by government regulations and not greater than 6 square feet in area. 

4.	Towers shall be sited to contain all ice-fall or debris from tower failure on-site.  

5.	Any Tower extending over 100 feet in height shall be engineered and constructed 
to accommodate a minimum of three providers. 

6.	No Telecommunications Facility shall be constructed within one mile of other 
Towers unless documentation is provided showing that co-location on Towers 
within one mile is not technically feasible.  

7.	The proposed facility shall conform to the requirements of this Ordinance, the 
Pennington County Zoning Ordinance, and other laws, including pertinent 
regulations of the FCC and the FAA.   

I.	APPLICATION SUBMITTAL REQUIREMENTS

1.	All applications for the construction or installation of new Telecommunications 
Facility shall contain the information hereinafter set forth:
		
a.	The application form shall be completed and signed by the applicant and 
landowner(s).

b.	A signed Write of Entry Form from the Wireless Communications carrier. 

c.	A written report describing the proposed Telecommunication Facility, 
existing land uses, the capacity of the structure, and the tree line elevation 
of vegetation within 100 feet of the facility. 

d.	A report explaining how the proposed tower fits into the applicant’s 
telecommunications network.  This does not require disclosure of 
confidential information.  

e.	A site plan prepared by a Professional Engineer showing the location and 
legal description of the site:  height of existing structures on the property, 
means of access, setbacks from property lines, and elevation drawings of 
the proposed facility and any related improvements and/or equipment.  

f.	A vicinity map showing adjacent properties, general land uses, zoning, 
and roadways within 1,000 feet of the property line.

g.	Documentation demonstrating legal access to the tower site.  

h.	In the case of locating on an existing structure, a structural analysis of the 
existing structure.

i.	Visual impact demonstrations using photo simulations or line-of-sight 
diagrams of the proposed facility as it would be seen from residential 
areas, public rights-of-way and other sites deemed appropriate by the 
Planning Department.  Each photo shall be labeled with the line of sight, 
elevation and the date taken.   

j.	Copies of permits from Federal and State agencies establishing 
compliance with applicable Federal and State Regulations.   

k.	A map outlining the boundaries of the coverage area.

l.	Evidence of written contact with owners of existing towers who supply 
service within one mile of the proposed facility.  The applicant shall 
inquire about potential co-location opportunities at all technically feasible 
locations.  The contacted providers shall be requested to respond in 
writing to the inquiry within 30 days.  The applicant’s letter(s) as well as 
response(s) shall be included as a part of the submittal material as a means 
of demonstrating the need for a new tower.  

m.	In the case of a new Telecommunications Facility, greater than 100 feet in 
height, a statement from the carrier shall be provided which documents 
how many additional carriers can co-locate.  If co-location is not possible, 
the statement must include such technical information and other 
justifications, as are necessary, to document the reasons why co-location is 
not a viable option. 

n.	A list of all existing structures and sites considered as alternatives to the 
proposed location.  The applicant shall provide a written explanation why 
the alternatives considered were either unacceptable or infeasible due to 
technical, physical, or financial reasons.  If an existing Tower or 
Monopole is listed among the alternatives, the applicant must specifically 
address why the modifications of such structure is not a viable option.  

o.	When locating within a residential area, a written technical and 
operational analysis of why a façade-mounted, roof-mounted and/or 
stealth tower cannot be used.  

p.	The FAA response to the notice of proposed construction or alteration 
(FAA Form 7460-1 or equivalent).  

q.	Letter of Intent to remove the facility at the expense of the facility and/or 
property owner if it is abandoned, as provided in Section K.  

J.	ELECTRONIC EMISSIONS AND ELECTROMAGNETIC RADIATION

At all times the permit holder must maintain compliance with current FCC Rules and 
Regulations.  

K.	ABANDONMENT, REMOVAL, AND SPECULATIVE APPROVAL

1.	The Pennington County Board of Commissioners, after a hearing, may determine 
that the health, safety and welfare interest of the citizens of Pennington County 
warrant and require the removal of a Telecommunications Facility.

2.	Any Telecommunications Facility Permit granted under the provisions of this 
Ordinance shall be established and conducted in conformity with the terms of 
such permit and of any conditions attached thereto.  Failure to comply with said 
terms or conditions constitutes cause for the County to pursue legal remedies 
and/or revoke the Telecommunications Facility Permit.  

3.	Any Telecommunications Facility or Support Structure that is not operated for a 
period of one year shall be considered abandoned.  

a.	The owner of the Telecommunications Facility or Support Structure shall 
remove the facility within 90 days of its abandonment.  

4.	No approval will be given for a Telecommunications Facility that is speculative in 
nature, which is defined as being one where a specific carrier has not been 
identified at the time of application. 

L.	TELECOMMUNICATIONS FACILITY IN EXISTENCE ON THE DATE-OF-
ADOPTION OF THIS ORDINANCE 

1.	Telecommunications Facilities that were legally permitted on or before the date 
that this Ordinance was adopted shall be considered a permitted and lawful use as 
a non-conforming Antenna and Accessory Equipment.

2.	Ordinary Maintenance may be performed on a non-conforming Support Structure.  
However, if the proposed maintenance/modification exceeds the definition of this 
Ordinance, the following apply:

a.	Minor Modifications to non-conforming Telecommunications Facilities 
may be permitted upon the granting of Administrative Approval by the 
Planning Director.

b.	Major Modifications to non-conforming Telecommunications Facilities 
may be permitted only upon the granting of a Telecommunications 
Facility Permit by the Planning Commission. 

M.	CONFLICT WITH OTHER LAWS

Whenever the provisions or regulations of this Ordinance conflict with the requirements of 
another State or Federal Law, or County Ordinance, the more restrictive standard shall apply.  

Dated this 17th day of March, 2009.

Brenda Young, Chairperson
PENNINGTON COUNTY COMMISSION
ATTEST: /s/  Lori Severson, Deputy Auditor

K.	STORM WATER MANAGEMENT DISCUSSION:  MOVED by Trautman and 
seconded by Schmidt to authorize the chairperson signature to the report prepared by Brittney 
Hand regarding storm water management.  Vote:  Unanimous.

EXECUTIVE SESSION PER SDCL 1-25-2(1) PERSONNEL, CONTRACTUAL

MOVED by Schmidt and seconded by Trautman to convene in Executive Session.  Vote: 
Unanimous.  The Board remained in Executive Session from 12:35 p.m. until 1:30 p.m.  
MOVED by Trautman and seconded by Kjerstad to adjourn from Executive Session.  Vote: 

VOUCHERS

A & A Property Management, 135.70; A & B Business Equipment, 443.82; A & B Welding 
Supply Co, 356.60; A To Z Shredding Inc, 205.55; A-1 Sewer & Drain, Inc, 320.00; AAF 
International, 119.93; Ace Steel And Recycling, 485.17; Ace Warehouse Inc, 54.59; Active Data 
Systems Inc, 2,113.16; Adams Machining, 2,595.77; All Metal Manufacturing, 1,600.00; 
American Correctional, 971.53; American Red Cross, 110.00; Americinn Motel, 1,000.00; 
Amick Sound, Inc, 463.83; Anders, Irene, 45.60; Andersen, Norma J, 15.00; Anker Law Group, 
PC, 2,787.92; ARC International, Inc, 2,800.00; Armstrong Extinguishers, 597.50; ASAP, Inc, 
40.00; Avanti Motel, 125.00; Avera Mckennan Hospital A, 331.37; Badger Plumbing &, 
1,898.38; Badlands Automotive, 364.47; Ball, Kent, 82.89; Banks, Bridgette R, 2,492.80; Banty, 
Lp, 270.00; Barker & Little, 850.00; Barnier, Greg, 4,255.29; Battery & Sign Shack, 63.95; 
Behavior Management, 30,136.73; Behrens Mortuary, 4,770.00; Best Business Prdcts Inc, 
2,137.70; Best Western Ramkota Inn, 305.98; BH Agency, 130.00; BH Chemical Company Inc, 
5,177.18; BH Elevator, Inc, 3,673.48; BH Industries, Inc, 863.00; BH Orthopedic &, 560.69; BH 
Pediatrics, 850.00; BH Power Inc, 479.61; BH RC&D, 100.00; BH State University, 708.65; BH 
Surgery Center, 2,122.68; BH Wilbert Vault, 1,260.00; Biberdorf, Brenda, 81.40; Biegler, Greg 
LPC,CCDC II, 420.00; Big D Oil Co, 25.01; Blake's Trailer Sales, 9,550.00; Blum, Melissa, 
20.00; Bob Bak Construction, 6,633.00; Bob Barker Company Inc, 5,122.08; Border States 
Electric, 462.75; Brant, Annette, 188.80; Brink-Gluhosky, Michele, 30.00; Brown's Small 
Engine Rep, 83.05; Buck, Earl W, 115.75; Butler Machinery, 426.17; Butte County Sheriff, 
30.16; Cardmember Service, 2,053.02; Career Learning Center, 485.00; Carlson, Jean, 576.25; 
Carol Butzman Consulting, 7,727.93; Carquest Auto Parts, 1,019.62; Casey Peterson & Assoc, 
598.00; Castleberry, James, 480.00; Cat's Cleaning, 40.00; Cbcinnovis, Inc, 339.25; CBM Food 
Service, 17,774.67; CDW Government Inc, 548.26; Cenex Oil Company, 273.00; Century 
Business Prod Inc, 103.41; Cetec Engineering, 544.56; Chemsearch, 3,643.72; Child Advocacy 
Center, 550.00; Chris Supply Co Inc, 2,223.56; City Of Box Elder, 196.98; City Of Rapid City, 
15,053.33; City Of Rapid City -Water, 675.86; Clark, Tana, 61.48; Coca-Cola Bottling Co Of, 
337.00; Colhoff, Linda, 32.00; Colligiate Usa, 425.79; Colorado State University, 5,000.00; 
Community Health Center, 1,621.90; Computer Network Services, 540.00; Connelly, Randal E, 
1,722.00; Contractors Insulation, 88.06; Contractors Supply, 271.00; Cook's Correctional Kitch, 
4,274.60; Copy Country, 679.55; Costello, Porter Et Al, 1,481.80; Countryside Prop Mgmt Inc, 
258.00; Craig Properties, 217.50; Creative Ironworks, 200.00; Crescent Electric Supply, 158.52; 
Crisis Prevention, 100.00; Crowley Co Sheriff's Off, 32.50; Custer County Sheriff, 22.58; D & R 
Service Inc, 327.65; Dakota Business Center, 1,303.80; Dakota Designs Inc, 180.00; Dakota 
Plains Legal Srvs, 15,500.00; Dakota Supply Group Inc, 574.40; Dale's Tire, 2,770.04; Dalton, 
Dawn, 16.24; Davenport, Evans, Hurwitz, 1,872.42; Davis, Lester, 557.35; De's Oil & Propane, 
11.75; Dell Marketing LP, 483.75; Dennis Supply, 966.27; Derby Industries, 23,870.00; Dharma 
Trading Co, 204.04; Diagnostic Imaging, 133.66; Diamond Pharmacy Services, 20,530.10; 
Diamond Vogel Paint Cntr, 162.79; Diesel Machinery Inc, 306.11; Dietrich, Donna, 433.88; 
Dlorah, Inc, 675.00; Dodge Town Inc, 18.96; Door Security Products, 65.00; Doyle, Conrad, 
20.00; E.F. Johnson Company, 968.00; Ecolab, 149.43; Ecolab Pest Elimination, 420.00; Eddie's 
Truck Sales, 925.32; Enviromaster, Inc, 105.00; Environmental Chemical, 1,171.98; Equipment 
Service, 89.00; Ergometrics, 577.00; Estes Park Apts, 150.00; Evans, John, 6.40; Executive 
Mgmt Fin Office, 90.54; Exxon Mobil Fleet, 135.82; Fackrell, Rex, 171.55; Family Thrift Center 
Inc, 314.55; Fancies Flowers & Gifts, 45.00; Farmer Brothers Coffee, 455.37; Fastenal 
Company, 933.10; Feehan & Cline, PC, 955.30; Fiferman, Leslie, PH.D., 1,575.00; First 
American Title Co, 1,620.00; First Western Insurance, 810.00; Fischer Furniture Inc, 258.00; 
Fleet Services, 146.43; Flooring America, 7,970.00; Flying By, Cori, 20.00; Foley's Custom 
Print, 216.50; Fourfront Design, Inc, 7,840.00; Fox Family Enterprises, I, 175.00; Fransen, 
Jeffrey J, 758.50; Fred Pryor Seminars, 158.00; French, Jean M, 208.00; Frontier Auto Glass, 
LLC, 1,434.48; Frontier Commercial, 495.92; G & H Distributing, 303.49; G4S Justice Services, 
Inc, 618.57; Geib, Elston, Frost PA, 9,618.30; Genesis Networks, Inc, 10.75; Genpro Power 
Systems, 4,003.65; Geppert, Matthew, 20.00; Gibson, Karl, 20.00; Gibson, Loveletta Mae, 
190.00; GJ Holsworth & Sons, Inc, 160.00; Godfrey Brake Service, 847.98; Golden West 
Companies, 87.84; Golden West Technologies, 1,456.13; Gordon, John, 250.00; Governors Inn, 
770.00; Graham Pharmacy, 6.81; Great Western Tire Co Inc, 1,098.96; Grimm's Pump Service 
Inc, 285.50; Grode, William R, 1,401.47; Gunderson,Palmer,Goodsell, 1,836.80; Gustave A 
Larson Company, 62.53; Hagen Glass Company, 141.53; Hanna, Dana L, 82.00; Harkins, 
Carolyn, 27.80; Harlon Co Sheriff's Offic, 15.50; Harveys Lock Shop, 750.52; Hasler Inc, 68.85; 
Haugo Broadcasting Inc, 1,200.00; Hauser, Ken, 10.00; Heartland Paper Company, 4,988.96; 
Hein, Cheryl, 945.00; Heminger, Candace, 20.00; Henning, Gerald, 240.00; Herd's Ribbon & 
Laser, 588.55; Herman, Jackie, 20.00; Hills Products Group Inc, 4,063.50; Hillyard/Sioux Falls, 
7,765.64; Hocking, Scott, 11.20; Hoffman, Audrey, 1,118.00; Hoffman, Fredrick Dustin, 455.00; 
Holbrook, Gale, 335.32; Holiday Inn Express, 93.00; Hollinger, Katelyn, 20.00; Honeywell, Inc, 
42,368.75; Horwath Laundry Equipment, 135.32; HSBC Business Sol, 87.39; HSBC Business 
Sol, 517.63; Huber, Rebecca, 190.00; Hughes County Sheriff, 34.30; Humane Society Of The 
BH, 3,500.00; Huron Culvert & Tank Co, 8,400.00; Ikon Office Solutions, 109.11; Image Up 
Creative, 996.28; Impressions Rubber Stamp, 40.80; Indoff Inc, 1,435.24; Industrial Electric, 
274.80; Industrial Supply Co Inc, 1,809.10; Inside The Tape, 550.00; Insight Public Sector, 
877.32; Interstate Batteries, 1,059.27; Interstate Power Sys, Inc, 533.76; Intoximeters Inc, 
2,000.00; Intuit, Inc, 2,400.00; Ipromoteu, Inc, 586.38; Janz, Donald A, 3,300.00; Jay's Welding, 
Inc, 400.00; Jefferson Partner LP, 676.40; Jeffries, James L, 196.80; Jenner Equipment, 366.84; 
Jennesse, Janice, 93.00; Jensen, Dee, 130.00; JH Hilt Engineering Inc, 8,121.29; JJ's Engraving 
& Sales, 174.75; John E Reid & Assoc, Inc, 805.00; Johnson Machine Inc, 0.00; Johnson 
Machine Inc, 1,531.50; Johnson's Carpet, 2,830.00; Jones, Vicky, 20.00; K & D Appliance 
Service, 50.00; K-Mart, 73.97; Kappedal, Jean, CSR, 291.80; Karl's Appliance, 1,438.87; Kelly 
Services Inc, 2,378.70; Ken's Refrigeration &, 40.00; Kieffer Sanitation, 178.85; Kimball 
Midwest, 883.58; Kirk, Jonathan, 216.00; Kittelson, Joan, 30.00; Knecht Home Center Inc, 
1,070.43; Knology, 1,174.97; Kooistra, Nelva, 45.00; Kreisers, Inc, 452.76; KT Connections, 
109.00; Kurylas, Roman, 155.00; L & L Insulation Inc, 66.95; Lab Safety Supply, Inc, 349.00; 
Labcorp Of America, 26.00; Language Line Services, 152.61; Leveque, Carla, 132.00; Lewis & 
Clark Mental, 994.00; Lighting Maintenance Co, 543.56; Linweld, 445.12; Livermont, Carol, 
300.00; Lowe's, 194.00; Magazines USA, 751.59; Makes Good, Anna, 20.00; Manlove 
Psychiatric Group, 875.02; Marohn, Frank, 17.60; Matco Tools, 53.71; Mattson, Jean, 270.00; 
Mattson-Casteel, Cathy, 19.83; Maxon, Theresa, 1,155.00; McClain, Clayton, 132.00; McGas 
Propane LLC, 507.00; McGowan, Wendy T, 1,125.86; McKie Ford Inc, 22,321.00; McLeod's 
Printing Inc, 299.32; McMaster-Carr Supply Co, 90.57; Meade County, 33.20; Medical Waste 
Transport, 65.99; Medicap Pharmacy, 1,345.93; Medline Industries Inc, 1,929.38; Menards, 
421.14; MG Oil Company, 23,209.73; Midcontinent Communicatio, 75.17; Midland Volunteer 
Fire, 1,660.00; Minnehaha County Sheriff, 67.20; ML Products, 2,234.00; Montana Dakota 
Utilities, 95.00; Moore Medical Corp, 1,474.90; Moran, Patty, 1,610.00; Morse Watchmans Inc, 
106.00; Motive Parts & Supply Inc, 832.63; Motorola Inc, 3,628.20; Mountainside Medical 
Equp, 337.55; Moyle Petroleum, 22.95; Murphy, John R, 951.72; NAED, 830.00; Nance Co 
Sheriff's Office, 15.50; Nat'l American University, 506.16; Nat'l Onsite Wastewater, 590.00; 
NCS Pearson Inc, 424.00; NCTI, Inc, 1,698.00; Nelson, John, 100.00; Neve's Uniforms Inc, 
5,873.05; Newkirk's Ace Hrdwre-East, 687.91; Newkirk's Ace Hrdwre-West, 327.72; Nooney 
Solay & Van Norman, 1,414.69; Norix Group, 15,267.76; North Central Supply Inc, 859.00; 
Northern Truck Equipment, 461.00; Northwest Pipe Fitting In, 1,370.22; O'Cilka, Jason, 28.61; 
O'Day, Valarie, 137.40; Occupational Health Netwk, 25.00; Olson, John, 190.00; Orbitcom, Inc, 
42.67; Overhead Door Co Of RC, 136.18; Pacific Steel & Recycling, 124.92; Paradis Properties 
LLC, 2,012.00; Parent Teacher Outlet, 7.18; Parks, Ashlie, 60.00; Parkway Spotless Car Wash, 
22.25; Paul Conway Shields, 10,237.50; Pearce & Reeder, 270.00; Pearson, Julie A, 561.78; 
Penn Co Health & Human Sv, 128.00; Penn Co Highway, 193.67; Penn Co JSC, 133.48; Penn 
Co Juv Diversion, 97.15; Penn Co Sheriff, 2,087.21; Penn Co States Atty, 190.50; Penn 
Conservation Dist, 6,622.00; Pennington County Courant, 1,346.70; Pete Lien & Sons Inc, 
735.77; Pheasant Country Express, 28,750.11; Pheasantland Industries, 336.26; Phelps, Terri, 
320.00; Phoenix Municipal Court, 8.00; Pine Lawn Memorial Park, 3,125.00; Pioneer Bank & 
Trust, 4,607.41; Pioneer Bank & Trust, 1,016.15; Pioneer Enterprises Inc, 3,391.00; 
Plumbmaster Professional, 438.96; Porter's Jack Repair, 78.00; Powder River Office, 1,486.17; 
Power House Honda, 89.66; Presco Sales & Services, 552.00; Price Motel, 85.00; Profile 
Evaluations Inc, 133.75; Pruss, Tina, 840.90; PSI Health Care Inc, 15.00; Psychological 
Evaluations, 780.00; Quill Corporation, 1,038.44; Qwest, 0.84; Qwest-Seattle, 7,328.29; 
Qwest/T-Nex, Inc (Tx), 10.72; Raco Industries, 135.82; Radiology Associates, 574.23; Radke, 
Eric, 10.00; Rangel, Elisa, 400.00; Rapid Chevrolet Co Inc, 225.19; Rapid Collision, 794.56; 
Rapid Creek Partners, 325.00; Rapid Fire Protection Inc, 1,681.47; Rapid Leasing, 367.60; Rapid 
Rooter, 545.00; Rapid Tire & Alignment, 129.60; Rapidcare, 280.00; RC Area School Dist 51-4, 
1,115.52; RC Emergency Services, 110.79; RC Journal, 180.00; RC Journal, 8,061.57; RC 
Laundry & Dry Cleaners, 329.66; RC Medical Center, 2,172.70; RC Medical Center, 2,412.50; 
RC Police Department, 278.23; RC Public Library, 102,798.25; RC Regional Hospital, Inc, 
26,380.70; RC Regional Hospital, Inc, 418.73; RC Regional Hospital, Inc, 136.00; RDO 
Equipment Co, 20.12; RDO Equipment Co, 5,263.10; Record Storage Solutions, 183.94; 
Redwood Biotech, Inc, 2,808.26; Redwood Toxicology, 678.00; Reliable Office Products, 
323.34; Renfro-Fruit Division, 999.00; Repair Shop The, 681.26; Reuer, Allen, 2,135.00; Rhead, 
Brandy, 1,804.00; Rhodes Chemical Of The BH, 155.88; Ri-Tec Industrial Prodcts, 270.00; 
Robinson Textiles, 83.00; Rochester Armored Car, 358.40; Rockmount Research &, 2,118.95; 
Roger Frye's Paint Supply, 623.68; Rohrich, Jeff, 240.00; Runnings Supply Inc, 38.99; 
Rushmore Communications, 15,813.48; Sandberg, Ann G, 400.00; Sandtrap, 133.09; Sanitation 
Products, Inc, 2,866.54; Sargent, Matt, 332.36; Scheels, 36.95; Schneller, John Dr, 866.25; 
Schuft, Scott, 1,535.50; Schultz, Andrew J, 100.00; Schweiger, Todd, 102.50; Scull 
Construction, 246,126.54; SD Assoc Of Cnty Hwy Supt, 80.00; SD Dept Of Revenue, 242.00; 
SD Dept Of Transp-Finance, 8,768.11; SD Div Of Motor Vehicles, 112.00; SD Federal Prop 
Agency, 989.00; SD Teen Court Association, 735.00; SDAAO, 1,100.00; SDACC, 200.00; 
Security Equipment Corp, 150.00; Servall Uniform/Linen Co, 3,406.29; Sheehan Mack Sales, 
8,101.34; Shepherd Reporting LLC, 50.00; Shoe Sale, 4,126.20; Shoemaker, Mary, 93.00; 
Shoener Machine & Tool, 248.56; Sign & Trophy/Westex, 7.00; Simpson's Creative, 39.57; 
SKC Communication Product, 457.25; Skinner, Matthew L, PC, 1,252.58; Skyline Engineering, 
LLC, 2,841.82; Smith, Christa, 25.00; Snap-On Tools - Biers, 321.50; Software House Intrntnl, 
1,662.80; Solar Sound, 361.27; South Dakota Rose Inn, 150.00; Southern Hills Publishing, 
1,578.78; Spangler-Blair, Mary, 770.00; Stan Houston Equipment, 3,013.42; State Bar Of South 
Dakota, 7.50; State Industrial Products, 485.89; Stec's Advertising, 172.65; Stephens, Matthew, 
200.00; Stonefield, Michael, 631.40; Sturdevant's Refinish, 210.25; Summit Signs & Supply Inc, 
212.50; Swanson Services Corp, 389.06; Sysco Food Services, 701.39; Tabb Textile Co, Inc, 
139.20; Technology Center, 46.00; The Marketing Store, 130.00; Thin Elk, Tanner, 171.20; 
Think! Toner And Ink, 119.95; Thompson, Michael, 882.00; Thurman, Creighton, 358.91; Tice, 
Barry, 43.60; Time Equip Rental & Sales, 139.53; Tire Muffler Alignment, 13.77; Tomaride 
LLC, 270.00; Town Of Keystone, 2,340.00; Tri-State Tire & Auto, 30.99; Truthought, 43.95; 
Twilight First Aid &, 683.00; TWL Billing Service &, 717.05; United Static Control, 179.28; US 
Bank, 12.18; US Chemical Procurement, 618.77; US Marshals Service, 1,386.37; US Postal 
Service, 10,042.85; US Postmaster - Pre-Sort, 180.00; USABluebook, 4,277.55; UTV 
International, 2,030.00; UZ Engineered Products, 56.42; Vanway Trophy & Awards, 133.86; VB 
Rapid Creek, 240.00; Verizon Wireless, 41.54; Visible Difference, 3,500.00; Wagner, Lori, 
20.00; Walker Napa Auto Parts, 48.08; Wall Building Center, 251.41; Warne Chem & Equip Co 
Inc, 10.99; Watertree, Inc, 1,241.50; Weichmann, Cynthia, 2,058.70; Wessel, Al Jr, MD, 
4,300.00; West Payment Center, 2,793.75; West River Intrntnl Inc, 2,855.68; West River 
Welding, 560.00; Western Communication Inc, 4,305.56; Western Dakota Tech Inst, 49.50; 
Western Sd Hydrology Conf, 110.00; Western States Fire, 420.00; Western Stationers Inc, 
4,602.84; Whisler Bearing Co, 312.30; White Butterfly, Delphine, 20.00; White, Carol, 106.00; 
Wilson, Craig, 270.00; Winner Police Dept, 245.20; Winter, Paul R, 2,744.18; Wolf, Ione, 
1,077.25; Wood Co. Clerk Of Courts, 5.00; Wood Stock Supply, 39.03; Working Against 
Violence, 6,400.00; Yahoo! Custodian Of Recor, 30.42; Yankton Co Sheriff Office, 100.00; 
Yankton County Treasurer, 663.50; Youth & Family Services, 300.00; Zep Manufacturing 
Company, 193.66; Ziggy's, 158.29; Zoller, Amy, 934.00

Commissioner Schmidt left at 1:19 p.m.

ADJOURN

MOVED by Trautman and seconded by Kjerstad to adjourn the meeting at 1:31 p.m.

Julie A. Pearson, Auditor

Publish:  April 1, 2009

March 17, 2009



1