PENNINGTON COUNTY 
BOARD OF COMMISSIONERS MINUTES
April 7, 2009

A meeting of the Pennington County Board of Commissioners was held on Tuesday, April 7, 
2009, 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:  Nancy Trautman, Gale Holbrook, Jim Kjerstad and Ethan Schmidt. 

REVIEW AND APPROVE AGENDA

MOVED by Holbrook and seconded by Kjerstad to approve the agenda with the following 
additions and changes: add second Executive Session to follow Items from Planning.  Vote:  
Unanimous.

REVIEW MINUTES

MOVED by Holbrook and seconded by Trautman to approve the minutes of the March 17, 2009 
Board of Commissioners' meeting with the following correction to Items from Auditor.  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 copy of 
their budget to the Auditor and to the Board of Commissioners 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, all subject to future budget discussions.  Vote:  Unanimous.

EXECUTIVE SESSION PER SDCL 1-25-2(1) PERSONNEL & IAW SDCL 10-4-14 – 
ANNUAL COUNTY CONFERENCE OF DIRECTION OF EQUALIZATION, 
COMMISSIOENRS, AND AUDITOR

MOVED by Schmidt and seconded by Trautman to convene in Executive Session.  Vote: 
Unanimous.  The Board remained in Executive Session from 9:10 a.m. until 9:20 a.m.  MOVED 
by Kjerstad and seconded by Trautman to adjourn from Executive Session.  Vote:  Unanimous.

9:15 A.M.  BUDGET SUPPLEMENTS

A.	BUDGET SUPPLEMENTS SP09-004:  MOVED by Schmidt and seconded by Trautman 
to supplement the 2009 Emergency Management Homeland Security Training/Pandemic Flu 
Budget in the amount of $134,559.00 from cash reserves in the Emergency Management fund.  
Vote: Unanimous.

B.	BUDGET SUPPLEMENT SP09-005:  MOVED by Holbrook and seconded by Kjerstad 
to supplement the 2009 General Fund Weed Budget in the amount of $3,444 from cash reserves 
in the General Fund.  Vote:  Unanimous. 

ITEMS FROM THE AUDITOR

A.	ABATEMENTS:  MOVED by Trautman and seconded by Holbrook to approve the 
following 2008 abatements/refunds pursuant to the recommendation of the director of 
equalization: Parcel ID 60904 – Golden West Teleco, $6,039.66.  Vote:  Unanimous.

ITEMS FROM SHERIFF

A.	FEDERAL EQUITABLE SHARING AGREEMENT:  MOVED by Schmidt and 
seconded by Trautman to authorize the Chairperson’s signature to the Equitable Sharing 
Agreement in order to receive any equitably shared cash, property or proceeds among law 
enforcement agencies.  Vote:  Unanimous.

B.	HIDTA LEASE VEHICLE:  MOVED by Holbrook and seconded by Schmidt to 
authorize the Sheriff’s Office to lease a 2008 Chevrolet Trail Blazer, 
VIN#1GNDT13S882237015 in the amount of $6,333.25 with a lease term of 36 months at 
$427.19 per month through grant funding.  Vote:  Unanimous.

ITEMS FROM HEALTH & HUMAN SERVICES

A.	GRANT APPLICATION FOR THE SECOND CHANCE ACT PRISONER REENTRY 
INITIATIVE:  MOVED by Schmidt and seconded by Trautman to authorize the Chairperson’s 
signature to the application and the letter of support for a grant to enhance funding of the 
Pennington County Rebound Program in developing processes and programs to reduce 
recidivism.  Vote:  Unanimous.

ITEMS FROM HIGHWAY

A1.  BRIDGE AND STIP RESOLUTIONS: MOVED by Holbrook and seconded by Trautman 
to approve the following seven bridge replacement and/or rehabilitation resolutions for federal 
aid subject to funding.  Vote:  Unanimous.

#1
FEDERAL AID BRIDGE REPLACEMENT OR REHABILITATION PROGRAM 
RESOLUTION FOR COUNTY AND URBAN PROJECTS

WHEREAS, Pennington County desires the rehabilitation of the bridge hereinafter described:  

STRUCTURE NUMBER AND LOCATION:  52-399-370 located 0.3 South 0.5 East of Reptile 
Gardens.

AND WHEREAS, Pennington County is obligated and hereby agrees to provide proper 
maintenance as required by the Federal Highway Act as amended and supplemented thereto for 
project after construction is completed and to regulate or cause to be regulated the installation of 
utility facilities within the limits of the right-of-way of the proposed project in accordance with 
State and Federal requirements.

AND WHEREAS, Pennington County is obligated and hereby agrees to reimburse the State for 
all costs not reimbursable with Bridge Replacement Funds.

AND WHEREAS, the bridge is in need of replacement/rehabilitation for the following reasons:  
1.  The sufficiency rating is 44.2.  2.  The bridge is not located on a County or Township 
designated Minimum Maintenance Road.  3.  The bridge is located on a Federal Aid Route, a 
school bus route, a mail route, a field to farm to market route, a lake or recreation access route.  
4.  The load carrying capacity of the existing bridge can be improved to carry legal loads by 
rehabilitation of the existing bridge.

NOW THEREFORE BE IT RESOLVED:  That the South Dakota Department of Transportation 
be and hereby is authorized and requested to program for construction, in accordance with the 
“Secondary Road Plan” and the State’s “Standard Specifications for Roads and Bridges,” the 
bridge replacement or rehabilitation project at the above described location.  Items to be handled 
by State forces with Federal Participation will include hydraulic study review, foundations 
investigation (if necessary), plan reviews, and construction administration.  Estimated Cost of 
Project Including Engineering:  $220,000; Federal Share (80%):  $176,000; Local Share (20%):  
$44,000.  Proposed Year of Construction:  2015.  Vote of Commissioners/Council:  YES.

Dated this 7th day of April, 2009.

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

#2
FEDERAL AID BRIDGE REPLACEMENT OR REHABILITATION PROGRAM 
RESOLUTION FOR COUNTY AND URBAN PROJECTS

WHEREAS, Pennington County desires the rehabilitation of the bridge hereinafter described:  

STRUCTURE NUMBER AND LOCATION:  52-395-367 located .1 South .1 East of Reptile 
Gardens.

AND WHEREAS, Pennington County is obligated and hereby agrees to provide proper 
maintenance as required by the Federal Highway Act as amended and supplemented thereto for 
project after construction is completed and to regulate or cause to be regulated the installation of 
utility facilities within the limits of the right-of-way of the proposed project in accordance with 
State and Federal requirements.

AND WHEREAS, Pennington County is obligated and hereby agrees to reimburse the State for 
all costs not reimbursable with Bridge Replacement Funds.

AND WHEREAS, the bridge is in need of replacement/rehabilitation for the following reasons:  
1.  The sufficiency rating is 56.8.  2.  The bridge is not located on a County or Township 
designated Minimum Maintenance Road.  3.  The bridge is located on a Federal Aid Route, a 
school bus route, a mail route, a field to farm to market route, a lake or recreation access route.  
4.  The load carrying capacity of the existing bridge can be improved to carry legal loads by 
rehabilitation of the existing bridge.

NOW THEREFORE BE IT RESOLVED:  That the South Dakota Department of Transportation 
be and hereby is authorized and requested to program for construction, in accordance with the 
“Secondary Road Plan” and the State’s “Standard Specifications for Roads and Bridges,” the 
bridge replacement or rehabilitation project at the above described location.  Items to be handled 
by State forces with Federal Participation will include hydraulic study review, foundations 
investigation (if necessary), plan reviews, and construction administration.  Estimated Cost of 
Project Including Engineering:  $200,000; Federal Share (80%):  $160,000; Local Share (20%):  
$40,000.  Proposed Year of Construction:  2015.  Vote of Commissioners/Council:  YES.

Dated this 7th day of April, 2009.

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

#3
FEDERAL AID BRIDGE REPLACEMENT OR REHABILITATION PROGRAM 
RESOLUTION FOR COUNTY AND URBAN PROJECTS

WHEREAS, Pennington County desires the rehabilitation of the bridge hereinafter described:  

STRUCTURE NUMBER AND LOCATION:  52-199-315 located 0.8 West 1.35 South of 
MYSTIC.        

AND WHEREAS, Pennington County is obligated and hereby agrees to provide proper 
maintenance as required by the Federal Highway Act as amended and supplemented thereto for 
project after construction is completed and to regulate or cause to be regulated the installation of 
utility facilities within the limits of the right-of-way of the proposed project in accordance with 
State and Federal requirements.

AND WHEREAS, Pennington County is obligated and hereby agrees to reimburse the State for 
all costs not reimbursable with Bridge Replacement Funds.

AND WHEREAS, the bridge is in need of replacement/rehabilitation for the following reasons:  
1. The sufficiency rating is 63.8.  2.  The bridge is not located on a County or Township 
designated Minimum Maintenance Road.  3.  The bridge is located on a Federal Aid Route, a 
school bus route, a mail route, a lake or recreation access route.  4.  The load carrying capacity of 
the existing bridge can be improved to carry legal loads by rehabilitation of the existing bridge.

NOW THEREFORE BE IT RESOLVED:  That the South Dakota Department of Transportation 
be and hereby is authorized and requested to program for construction, in accordance with the 
“Secondary Road Plan” and the State’s “Standard Specifications for Roads and Bridges,” the 
bridge replacement or rehabilitation project at the above described location.  Items to be handled 
by State forces with Federal Participation will include hydraulic study review, foundations 
investigation (if necessary), plan reviews, and construction administration.  Estimated Cost of 
Project Including Engineering:  $150,000; Federal Share (80%):  $120,000; Local Share (20%):  
$30,000.  Proposed Year of Construction:  2015.  Vote of Commissioners/Council:  YES.

Dated this 7th day of April, 2009.

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

#4
FEDERAL AID BRIDGE REPLACEMENT OR REHABILITATION PROGRAM 
RESOLUTION FOR COUNTY AND URBAN PROJECTS

WHEREAS, Pennington County desires the rehabilitation of the bridge hereinafter described:  

STRUCTURE NUMBER AND LOCATION:  52-970-374 located 0.2 East & 0.7 South of 
QUINN.    

AND WHEREAS, Pennington County is obligated and hereby agrees to provide proper 
maintenance as required by the Federal Highway Act as amended and supplemented thereto for 
project after construction is completed and to regulate or cause to be regulated the installation of 
utility facilities within the limits of the right-of-way of the proposed project in accordance with 
State and Federal requirements.

AND WHEREAS, Pennington County is obligated and hereby agrees to reimburse the State for 
all costs not reimbursable with Bridge Replacement Funds.

AND WHEREAS, the bridge is in need of replacement/rehabilitation for the following reasons:  
1. The sufficiency rating is 59.7.  2.  The bridge is not located on a County or Township 
designated Minimum Maintenance Road.  3.  The bridge is located on a school bus route, a mail 
route, a field to farm to market route.  4.  The load carrying capacity of the existing bridge cannot 
be improved to carry legal loads by rehabilitation of the existing bridge.

NOW THEREFORE BE IT RESOLVED:  That the South Dakota Department of Transportation 
be and hereby is authorized and requested to program for construction, in accordance with the 
“Secondary Road Plan” and the State’s “Standard Specifications for Roads and Bridges,” the 
bridge replacement or rehabilitation project at the above described location.  Items to be handled 
by State forces with Federal Participation will include hydraulic study review, foundations 
investigation (if necessary), plan reviews, and construction administration.  Estimated Cost of 
Project Including Engineering:  $200,000; Federal Share (80%):  $160,000; Local Share (20%):  
$40,000.  Proposed Year of Construction:  2016.  Vote of Commissioners/Council:  YES.

Dated this 7th day of April, 2009.

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

#5
FEDERAL AID BRIDGE REPLACEMENT OR REHABILITATION PROGRAM 
RESOLUTION FOR COUNTY AND URBAN PROJECTS

WHEREAS, Pennington County desires the rehabilitation of the bridge hereinafter described:  

STRUCTURE NUMBER AND LOCATION:  52-970-376 located 0.2 East & 0.8 South of 
QUINN.        

AND WHEREAS, Pennington County is obligated and hereby agrees to provide proper 
maintenance as required by the Federal Highway Act as amended and supplemented thereto for 
project after construction is completed and to regulate or cause to be regulated the installation of 
utility facilities within the limits of the right-of-way of the proposed project in accordance with 
State and Federal requirements.

AND WHEREAS, Pennington County is obligated and hereby agrees to reimburse the State for 
all costs not reimbursable with Bridge Replacement Funds.

AND WHEREAS, the bridge is in need of replacement/rehabilitation for the following reasons:  
1. The sufficiency rating is 54.7.  2.  The bridge is not located on a County or Township 
designated Minimum Maintenance Road.  3.  The bridge is located on a school bus route, a mail 
route.  4.  The load carrying capacity of the existing bridge cannot be improved to carry legal 
loads by rehabilitation of the existing bridge.

NOW THEREFORE BE IT RESOLVED:  That the South Dakota Department of Transportation 
be and hereby is authorized and requested to program for construction, in accordance with the 
“Secondary Road Plan” and the State’s “Standard Specifications for Roads and Bridges,” the 
bridge replacement or rehabilitation project at the above described location.  Items to be handled 
by State forces with Federal Participation will include hydraulic study review, foundations 
investigation (if necessary), plan reviews, and construction administration.  Estimated Cost of 
Project Including Engineering:  $200,000; Federal Share (80%):  $160,000; Local Share (20%):  
$40,000.  Proposed Year of Construction:  2016.  Vote of Commissioners/Council:  YES.

Dated this 7th day of April, 2009.

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

#6
FEDERAL AID BRIDGE REPLACEMENT OR REHABILITATION PROGRAM 
RESOLUTION FOR COUNTY AND URBAN PROJECTS

WHEREAS, Pennington County desires the rehabilitation of the bridge hereinafter described:  

STRUCTURE NUMBER AND LOCATION:  52-316-317 located 0.8 East 1.9 South of Johnson 
Siding.  

AND WHEREAS, Pennington County is obligated and hereby agrees to provide proper 
maintenance as required by the Federal Highway Act as amended and supplemented thereto for 
project after construction is completed and to regulate or cause to be regulated the installation of 
utility facilities within the limits of the right-of-way of the proposed project in accordance with 
State and Federal requirements.

AND WHEREAS, Pennington County is obligated and hereby aggress to reimburse the State for 
all costs not reimbursable with Bridge Replacement Funds.

AND WHEREAS, the bridge is in need of replacement/rehabilitation for the following reasons:  
1. The sufficiency rating is 61.8.  2.  The bridge is not located on a County or Township 
designated Minimum Maintenance Road.  3.  The bridge is located on a school bus route, a mail 
route, a lake or recreation access route.  4.  The load carrying capacity of the existing bridge can 
be improved to carry legal loads by rehabilitation of the existing bridge.

NOW THEREFORE BE IT RESOLVED:  That the South Dakota Department of Transportation 
be and hereby is authorized and requested to program for construction, in accordance with the 
“Secondary Road Plan” and the State’s “Standard Specifications for Roads and Bridges,” the 
bridge replacement or rehabilitation project at the above described location.  Items to be handled 
by State forces with Federal Participation will include hydraulic study review, foundations 
investigation (if necessary), plan reviews, and construction administration.  Estimated Cost of 
Project Including Engineering:  $200,000; Federal Share (80%):  $160,000; Local Share (20%):  
$40,000.  Proposed Year of Construction:  2015.  Vote of Commissioners/Council:  YES.

Dated this 7th day of April, 2009.

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

#7
FEDERAL AID BRIDGE REPLACEMENT OR REHABILITATION PROGRAM 
RESOLUTION FOR COUNTY AND URBAN PROJECTS

WHEREAS, Pennington County desires the rehabilitation of the bridge hereinafter described:  

STRUCTURE NUMBER AND LOCATION:  52-355-324 located 2.1 West 0.7 South of FISH 
HATCHERY.  

AND WHEREAS, Pennington County is obligated and hereby agrees to provide proper 
maintenance as required by the Federal Highway Act as amended and supplemented thereto for 
project after construction is completed and to regulate or cause to be regulated the installation of 
utility facilities within the limits of the right-of-way of the proposed project in accordance with 
State and Federal requirements.

AND WHEREAS, Pennington County is obligated and hereby aggress to reimburse the State for 
all costs not reimbursable with Bridge Replacement Funds.

AND WHEREAS, the bridge is in need of replacement/rehabilitation for the following reasons:  
1. The sufficiency rating is 46.5.  2.  The bridge is not located on a County or Township 
designated Minimum Maintenance Road.  3.  The bridge is located on a lake or recreation access 
route, or other (please specify) non-maintained secondary road.  4.  The load carrying capacity of 
the existing bridge can be improved to carry legal loads by rehabilitation of the existing bridge.

NOW THEREFORE BE IT RESOLVED:  That the South Dakota Department of Transportation 
be and hereby is authorized and requested to program for construction, in accordance with the 
“Secondary Road Plan” and the State’s “Standard Specifications for Roads and Bridges,” the 
bridge replacement or rehabilitation project at the above described location.  Items to be handled 
by State forces with Federal Participation will include hydraulic study review, foundations 
investigation (if necessary), plan reviews, and construction administration.  Estimated Cost of 
Project Including Engineering:  $250,000; Federal Share (80%):  $200,000; Local Share (20%):  
$50,000.  Proposed Year of Construction:  2017.  Vote of Commissioners/Council:  YES.

Dated this 7th day of April, 2009.

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

A2.  BRIDGE AND STIP RESOLUTIONS: MOVED by Schmidt and seconded by Holbrook to 
approve the following three surface transportation program resolutions for federal aid subject to 
funding.  Vote: Unanimous.

#1
FEDERAL AID SURFACE TRANSPORTATION PROGRAM 
RESOLUTION FOR COUNTY AND URBAN PROJECTS

WHEREAS, Pennington County desires the construction and improvement of the road and/or 
bridge as hereinafter described:  

LOCATION, LENGTH, STRUCTURE NUMBER:  Deerfield Road from Newton Lake West 
Northwest to the NW ¼ Section 24, T1N, R2E, BHM:  Length; 14.5 miles.

TYPE OF CONSTRUCTION:  Asphalt Surfacing.

Major Collector Route Number (if applicable):  FAS Route 6403

AND WHEREAS, Pennington County is obligated and hereby agrees to provide proper 
maintenance as required by the Federal Highway Act as amended and supplemented thereto for 
project after construction is completed and to regulate or cause to be regulated the installation of 
utility facilities within the limits of the right-of-way of the proposed project in accordance with 
State and Federal requirements.

AND WHEREAS, Pennington County is obligated and hereby agrees to reimburse the State for 
all costs not reimbursable with Surface Transportation Program (STP) Funds and associated 
State matching funds.

NOW THEREFORE BE IT RESOLVED:  That the South Dakota Department of Transportation 
be and hereby is authorized and requested to program for construction, in accordance with the 
“Secondary Road Plan” and the State’s “Standard Specifications for Roads and Bridges,” the 
project described.  Estimated Cost of Project Including Engineering:  $2,044,500; STP Funds:  
$2,044,500; Local Funds (if needed to meet construction year):  -0-.  Proposed Year of 
Construction:  2012.  Vote of Commissioners/Council:  YES.

Dated this 7th day of April, 2009.

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

#2
FEDERAL AID SURFACE TRANSPORTATION PROGRAM 
RESOLUTION FOR COUNTY AND URBAN PROJECTS

WHEREAS, Pennington County desires the construction and improvement of the road and/or 
bridge as hereinafter described:  

LOCATION, LENGTH, STRUCTURE NUMBER:  Nemo Road from Meade County Line 
South Southeast to the NW ¼ Section 23, T2N, R6E, BHM:  Length; 6.1 miles.

TYPE OF CONSTRUCTION:  Asphalt Surfacing.

Major Collector Route Number (if applicable):  FAS Route 6404

AND WHEREAS, Pennington County is obligated and hereby agrees to provide proper 
maintenance as required by the Federal Highway Act as amended and supplemented thereto for 
project after construction is completed and to regulate or cause to be regulated the installation of 
utility facilities within the limits of the right-of-way of the proposed project in accordance with 
State and Federal requirements.

AND WHEREAS, Pennington County is obligated and hereby agrees to reimburse the State for 
all costs not reimbursable with Surface Transportation Program (STP) Funds and associated 
State matching funds.

NOW THEREFORE BE IT RESOLVED:  That the South Dakota Department of Transportation 
be and hereby is authorized and requested to program for construction, in accordance with the 
“Secondary Road Plan” and the State’s “Standard Specifications for Roads and Bridges,” the 
project described.  Estimated Cost of Project Including Engineering:  $860,100; STP Funds:  
$860,100; Local Funds (if needed to meet construction year):  -0-.  Proposed Year of 
Construction:  2014.  Vote of Commissioners/Council:  YES.

Dated this 7th day of April, 2009.

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

#3
FEDERAL AID SURFACE TRANSPORTATION PROGRAM 
RESOLUTION FOR COUNTY AND URBAN PROJECTS

WHEREAS, Pennington County desires the construction and improvement of the road and/or 
bridge as hereinafter described:  

LOCATION, LENGTH, STRUCTURE NUMBER:  161st Avenue from New Underwood South 
to SD 44:  Length; 11 miles.

TYPE OF CONSTRUCTION:  Asphalt Surfacing.

Major Collector Route Number (if applicable):  FAS Route 6121

AND WHEREAS, Pennington County is obligated and hereby agrees to provide proper 
maintenance as required by the Federal Highway Act as amended and supplemented thereto for 
project after construction is completed and to regulate or cause to be regulated the installation of 
utility facilities within the limits of the right-of-way of the proposed project in accordance with 
State and Federal requirements.

AND WHEREAS, Pennington County is obligated and hereby agrees to reimburse the State for 
all costs not reimbursable with Surface Transportation Program (STP) Funds and associated 
State matching funds.

NOW THEREFORE BE IT RESOLVED:  That the South Dakota Department of Transportation 
be and hereby is authorized and requested to program for construction, in accordance with the 
“Secondary Road Plan” and the State’s “Standard Specifications for Roads and Bridges,” the 
project described.  Estimated Cost of Project Including Engineering:  $1,463,000; STP Funds:  
$1,463,000.  Local Funds (if needed to meet construction year):  -0-.  Proposed Year of 
Construction:  2013.  Vote of Commissioners/Council:  YES.

Dated this 7th day of April, 2009.

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

B.	ARRA OF 2009 FUNDING:  MOVED by Schmidt and seconded by Trautman to 
approve the following Resolution to exchange ARRA funds for STIP funds in the amount of 
$440,303.00.  Vote:  Unanimous.

RESOLUTION

WHEREAS, the Pennington County Board of Commissioners have determined that Pennington 
County will receive transportation funding from the American Recovery and Reinvestment Act 
of 2009 (ARRA); and

WHEREAS, the South Dakota Transportation Commission will allow Class 1 Cities and 
Counties the option of replacing the American Recovery and Reinvestment Act of 2009 funding 
with normal Surface Transportation Improvement Program funding; and

WHEREAS, the South Dakota Department of Transportation will match these funds on a one-to-
one basis; 

THEREFORE BE IT RESOLVED that the Pennington County Commissioners elect to exchange 
their American Recovery and Reinvestment Act of 2009 funds with normal Surface 
Transportation Improvement Program funding.

Dated this 7th day of April, 2009.

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

C.	FOREST ROAD AGREEMENT:  MOVED by Holbrook and seconded by Trautman to 
approve entering into the updated Cooperative Forest Road Agreement and Schedule A #09-RO-
11020300-019 with the Black Hills National Forest.  Vote: Unanimous.

D.	AUTHORIZATION TO PURCHASE FROM STATE CONTRACT LIST:  BULK 
DIESEL AND GAS PRODUCTS:  MOVED by Holbrook and seconded by Schmidt to authorize 
purchase of bulk diesel and gas products from the State Contract List:  Contract #15617, Harm’s 
Oil Company, Brookings, SD and Contract #15627, Moyle Petroleum, Rapid City, SD.  Contract 
documents on file at the Pennington County Highway Department.  Vote: Unanimous.

E.	AUTHORIZATION TO BID FOR THREE NEW GRAVEL DUMP BODIES, THREE 
NEW SNOW PLOWS, THREE NEW SNOW WINGS, AND THREE NEW SANDERS:  
MOVED by Schmidt and seconded by Kjerstad to authorize the Pennington County Highway 
Department to advertise for bids for three new gravel dump bodies, three new snow plows, three 
new snow wings, and three new sanders from the 2009 budget.  Vote:  Unanimous.

F.	STATE CONTRACT LIST – TIRES AND TUBES PURCHASES:  MOVED by 
Holbrook and seconded by Schmidt to authorize purchase of tires and tubes from the State 
Contract List:  Goodyear Tire & Rubber Co: Great Western Tire, Rapid City; Michelin North 
American, Inc.:  Dale’s Tire & Retreading, Inc., Rapid City, and Bosselman, Inc., Rapid City; 
Bridgestone/Firestone, Inc.:  TMA Family Thrift, Rapid City, GCR Tire Center, Rapid City, 
Firestone Store, Rapid City, and Midwest Tire & Muffler, Rapid City.  Contract documents on 
file at the Pennington County Highway Department.  Vote:  Unanimous.

PACTOLA ESTATES COMMUNITY ASSOCIATION CONTRACT MODIFICATION:  
MOVED by Holbrook and seconded by Kjerstad to approve a modification to an existing snow 
removal contract with the Edelweiss Mountain Association to agree that the County will remove 
snow on 1320 feet on the short section FS241 (Edelweiss Mountain Rd) and to be paid for by the 
Pactola Estates Community Association.  Vote:  Unanimous.

RESOLUTION RELATING TO REFUNDING OUTSTANDING CERTIFICATES OF 
PARTICIPATION; AUTHORIZING THE EXECUTION AND DELIVERY OF AN 
AMENDMENT TO LEASE-PURCHASE AGREEMENT AND APPROVING AND 
AUTHORIZING EXECUTION OF RELATED DOCUMENTS:  MOVED by Kjerstad and 
seconded by Trautman to continue this item and the Agreement for Professional Services 
between Pennington County and Dougherty & Company LLC to the Board of Commissioner’s 
meeting on April 21, 2009.  Vote:  Unanimous.

CHANGES TO LAND INFORMATION SYSTEM TASK FORCE BYLAWS:  MOVED by 
Schmidt and seconded by Trautman to approve the changes to the LIS Task Force bylaws as 
presented by the task force.  Vote:  Unanimous.

ADDITIONAL SOFTWARE LICENSE AGREEMENT BETWEEN COUNTY, CITY 
AND NEW WORLD SYSTEMS – RUSS TIENSVOLD:  MOVED by Trautman and 
seconded by Schmidt to authorize the Chairperson’s signature to the Additional Software 
License Agreement to purchase software for City Police and Fire Departments to be paid for by 
the City Police and Fire Departments.  Vote:  Unanimous.

REQUEST FOR STATE AID FOR SALARY OF COUNTY VETERANS SERVICE 
OFFICER:  MOVED by Trautman and seconded by Schmidt to authorize the Chairperson’s 
signature to the Request for State Aid for Salary of County Veterans Service Officer, state 
reimbursement in the amount of $4,687.50 annually, effective January 1, 2009.  Vote:  
Unanimous.

COST OF COMMUNITY SERVICES FOR PENNINGTON COUNTY (CON’T FROM 3-
17-09 BOC MEETING):  MOVED by Trautman and seconded by Schmidt to continue this item 
to the Board of Commissioners meeting of April 21, 2009.  Motion amended to include the 
payment to Colorado State University shall continue to be withheld until the next meeting of 
April 21, 2009.  Vote:  Unanimous.

CONSIDERATION OF PARTNERSHIP WITH COMMUNITY HEALTH, BEHAVIOR 
MANAGEMENT AND OTHERS:  MOVED by Trautman and seconded by Holbrook to 
appoint Karen Romey to represent the County on the task force considering a partnership of 
several social services agencies purchasing the Sam’s Club building and report back to the Board 
of Commissioners beginning the next meeting on April 21, 2009.  Vote:  Unanimous

BUSINESS OWNERSHIP DECLARATION STATEMENT:  MOVED by Trautman and 
seconded by Schmidt to continue this item to the April 21, 2009 Board of Commissioners 
meeting.  Call the Question:  Yes:  Young, Trautman, Holbrook, and Kjerstad.  No:  Schmidt.  
Motion carried 4 to 1.  Vote on Motion:  Vote:  Unanimous.

MISCELLANEOUS

A.	ACKNOWLEDGEMENT OF DISINTERMENT PERMIT:  MOVED by Kjerstad and 
seconded by Schmidt to acknowledge the Disinterment Permit from the South Dakota 
Department of Health dated March 11, 2009, Application ID # 498557.  Vote: Unanimous.

B,	REQUEST AUTHORIZATION FOR BERENS & TATE, PC, LLO TO TRANSFER 
FILES TO JACKSON LEWIS LLP:  MOVED by Schmidt and seconded by Trautman to 
authorize the Chairperson’s signature to the letter authorizing the transfer of Pennington County 
labor and employment legal files to Jackson Lewis LLP.  Vote:  Unanimous.

C.	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.

D.	BONDING VOUCHERS:  MOVED by Holbrook and seconded by Trautman to continue 
this item to the April 21, 2009 Board of Commissioners’ meeting.  SUBSTITUTE MOTION by 
Schmidt and seconded by Kjerstad to postpone this motion until the auditor can appear later 
today.  Vote:  Unanimous.

MOVED by Trautman and seconded by Kjerstad to authorize payment of the $2100 bond 
services administration fees for JSC.  Vote:  Unanimous.

MOVED by Holbrook and seconded by Kjerstad to authorize the payment $125,000 JSC bond 
principal and $9,982.50 for interest.  Call the Question by Holbrook.  Vote:  Yes:  Young, 
Trautman, Holbrook and Holbrook.  No:  Schmidt.  Motion carried 4 to 1.  Vote on Motion:  
Unanimous.

BOARD OF ADJUSTMENT

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

A.	VARIANCE / VA 09-07:  Melvin and Jonni Larson; Fisk Land Surveying - Agent.  To 
reduce the minimum required lot size from 40 acres to 5 acres in a General Agriculture District 
in accordance with Sections 205 and 509 of the Pennington County Zoning Ordinance.

A portion of Homestead Entry Survey (HES) No. 565 located in Section Twenty (20), 
Township Two South (T2S), Range Three East (R3E), of the Black Hills Meridian 
(BHM), Pennington County, South Dakota, more fully described as follows:  Beginning 
at the southwesterly corner of said HES No. 565, also known as Corner No. 4 of HES No. 
565; Thence, northeasterly along the westerly boundary of said HES No. 656, North 32 
degrees 27 minutes East a distance of 895.96 feet more or less; Thence, South 12 degrees 
16 minutes 54 seconds East a distance of 774.74 feet more or less, to a point on the south 
boundary of said HES No. 565; Thence, westerly along the south boundary of said HES 
No. 565, North 89 degrees 54 minutes West a distance of 170.00 feet more or less to 
Corner No. 2 of HES 565; thence, northwesterly along the south boundary of said HES 
No. 565, North 35 degrees 46 minutes West a distance of 137.28 feet more or less to 
Corner No. 3 of said HES No. 565; Thence, southwesterly along the south boundary of 
said HES No. 565, South 74 degrees 21 minutes West a distance of 410.52 feet more or 
less to the point of beginning.  Said tract of land contains 5.00 acres, more or less. 

MOVED by Schmidt and seconded by Trautman to accept staff recommendation to deny VA 09-
07.  SUBSTITUTE MOTION by Holbrook and seconded by Kjerstad to approve VA 09-07.  
Vote:  Unanimous.

B.	VARIANCE / VA 09-08:  Greg and Lyn Surwald.  To reduce the minimum required side 
yard setback and rear yard setback from 25 feet to 8 feet in a Low Density Residential District to 
allow for the construction of a detached garage in accordance with Sections 207 and 509 of the 
Pennington County Zoning Ordinance.

Lot 6, Block 5, Forest Homes Development, Section 6, T1N, R6E, BHM, Pennington 
County, South Dakota.

MOVED by Schmidt and seconded by Trautman to accept staff recommendation to withdraw 
VA 09-08 with the applicant’s concurrence.  Vote:  Unanimous.

C.	VARIANCE / VA 09-09:  VSADD Holdings (Fresh Start Convenience Stores).  To 
reduce the minimum required side yard setback from 10 feet to 5 feet in a General Commercial 
District in accordance with Sections 209 and 509 of the Pennington County Zoning Ordinance.

Lot 2 of Lot M, Burson Subdivision, Section 9, T1N, R8E, BHM, Pennington County, 
South Dakota.

MOVED by Holbrook to approve VA 09-09.  Motion failed for lack of a second.  MOVED by 
Schmidt and seconded by Trautman to accept staff recommendation to deny VA 09-09 to reduce 
the side yard setback from ten (10) feet to five (5) feet to allow for an addition onto the 
convenience store without prejudice.  Call the Question.  Vote:  Unanimous.  Vote on the 
Motion:  Unanimous.

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

ITEMS FROM PLANNING AND ZONING:

D.	SECOND READING 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.  
MOVED by Holbrook and seconded by Trautman to approve the second reading of PU 09-04 
with three conditions.  Vote:  Unanimous.

ORDINANCE NO. PUD 09-04

AN ORDINANCE AMENDING SECTION 508 OF THE PENNINGTON COUNTY ZONING 
ORDINANCE, REZONING THE WITHIN DESCRIBED PROPERTY: 

BE IT HEREBY ORDAINED BY THE PENNINGTON COUNTY COMMISSION THAT THE 
PENNINGTON COUNTY ZONING ORDINANCE BE AND HEREBY IS AMENDED BY 
AMENDING THE ZONING OF THE FOLLOWING DESCRIBED PROPERTY:

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

The Planned Unit Development uses are hereby approved in accordance with the following 
conditions:

Planning Commission recommended approval of Planned Unit Development Amendment 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.

Dated this 7th day of April, 2009.

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

E.	SECOND READING 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.  MOVED by Kjerstad and seconded by Trautman to approve the second reading of 
PU 09-05 with no conditions.  Vote:  Unanimous.

ORDINANCE NO. PUD 09-05

AN ORDINANCE AMENDING SECTION 508 OF THE PENNINGTON COUNTY ZONING 
ORDINANCE, REZONING THE WITHIN DESCRIBED PROPERTY: 

BE IT HEREBY ORDAINED BY THE PENNINGTON COUNTY COMMISSION THAT THE 
PENNINGTON COUNTY ZONING ORDINANCE BE AND HEREBY IS AMENDED BY 
AMENDING THE ZONING OF THE FOLLOWING DESCRIBED PROPERTY:

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

The Planned Unit Development uses are hereby approved in accordance with the following 
condition:

Planning Commission recommended approval of Planned Unit Development Amendment 09-05 
with the following condition:

Planning Commission recommended approval of Planned Unit Development Amendment 09-05 
to reduce the front yard setback on Lots 2A and 2B from 20 feet to 19 feet.

Dated this 7th day of April, 2009.

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

F.	PLANNED UNIT DEVELOPMENT REVIEW / PU 06-07:  Black Hills Resorts, Inc. 
(Cimarron Park); Art Janklow – Agent.  To review a Planned Unit Development to allow a 
mobile home park in accordance with Section 213 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 Holbrook and seconded by Schmidt to continue this item to the April 21, 2009, 
Board of Commissioners’ meeting.  Vote:  Unanimous.

G.	FIRST READING AND PUBLIC HEARING OF PLANNED UNIT DEVELOPMENT 
AMENDMENT / PU 09-03:  Mark and Marla Simpson, d/b/a Whispering Winds Cottages.  To 
amend a Planned Unit Development to allow an RV Park, tent camping sites, shower house, and 
to reduce setbacks in accordance with Section 213 of the Pennington County Zoning Ordinance.

Lot 4A less Hwy RTY; Lot 4B less Hwy RTY; Lot D of Lot 7 less Hwy RTY; Part of 
Palmer Gulch Placer #690 – Lot 3 less Hwy RTY, all of Palmer Gulch Placer MS 690, 
Section 27, T1S, R5E, BHM, Pennington County, South Dakota.

MOVED by Schmidt and seconded by Trautman to continue this item to the April 21, 2009, 
Board of Commissioners’ meeting.  Vote:  Unanimous.

H.	FIRST READING AND PUBLIC HEARING OF 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 21, 2009, 
Board of Commissioners’ meeting.  Vote:  Unanimous.

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

MOVED by Trautman and seconded by Schmidt to convene in Executive Session.  Vote: 
Unanimous.  The Board remained in Executive Session from 12:00 p.m. until 12:28 p.m.  
MOVED by Schmidt and seconded by Kjerstad to adjourn from Executive Session.  Vote:  
Unanimous.

MOVED by Trautman and seconded by Schmidt to increase the part time status to full time 
status for Laurel Grove, effective May 1, 2009 at the same salary rate.  Vote:  Unanimous.

PERSONNEL

Sheriff’s Office:  Effective February 20, 2009- Kristie Escott, $22.73/hour; Effective February 
23, 2009-April Miller, $12.65/hour; Trisha Thompson, $12.65/hour; John Horinka, $12.65/hour; 
Roy McNeary, $12.65/hour; Effective March 1, 2009-Heather Pressley, $2539; Katie Jensen, 
$2663.24; Stacey Fielder, $3846; Effective March 16, 2009-Dana Vassos, $14.65/hour; Effective 
March 23, 2009-Kelsey Hersch, $12.65/hour; Heather Ellison, $12.65/hour; Tammy Loewe, 
$15.77/hour; James Waldrop, $3241; Amber Beauvais, $3241; Tyler Hopson, $3241; Gretchen 
Sitzes, $3241; Nicholas Baird, $3241; Jeremy Miller, $3241; Mary McDonald, $2539; Lori 
Gerlach, $2539; Korey Thompson, $2539; Effective April 12, 2009-Daniel Lewis, $3405.33; Lee 
Damuth, $3322.25; Julieta Marmolejo-Mechaley, $12.65/hour.

PAYROLL 

Commissioners, 10,754.30; Elections, 11,709.73; Auditor, 17,527.11; Treasurer, 45,757.73; Data 
Processing - Law, 11,444.60; Data Processing - General, 28,626.70; State's Attorney, 
115,782.26; Public Defender, 80,650.57; Juvenile Diversion, 12,535.63; Victim's Assistance, 
10,949.92; Buildings & Grounds, 93,393.82; Equalization, 61,146.74; Register of Deeds, 
23,355.57; Sheriff, 280,190.85; Courthouse Security, 7,402.48; Service Station, 8,955.20; Arrest 
Grant, 10,646.09; HIDTA Grant, 8,230.73; CARE Budget, 11,539.62; Jail, 363,052.58; Jail 
Work Program, 4,622.99; Jail Medical, 2,666.99; Jail Maintenance, 10,697.25; Hill City Law, 
11,329.12; Keystone Law, 5,106.29; New Underwood – Law, 3,807.75; School Liaison, 
19,137.14; Wall Law, 11,263.42; JSC Teachers, 25,413.81; Home Detention, 7,153.50; Alcohol 
& Drug, 135,360.01; Friendship House, 27,359.25; Prevention Program, 6,103.24; 24-7 
Program, 14,155.88; Dispatch, 142,744.72; Ordinance, 3,241.25; Economic Assistance, 
38,753.08; Mental & Alcohol-SAO, 6,817.95; Mental & Alcohol-HHS, 3,166.41; Extension, 
3,858.00; Weed & Pest, 7,663.37; Planning and Zoning, 17,594.58; Water Protection, 3,939.50; 
Juvenile Services Center, 256,164.19; JSC Maintenance, 5,479.36; Highway, 182,372.18; Drug 
Seizure, 5,684.12; Fire Administration, 6,249.18; Emergency Management, 4,345.50; 
Emergency Management, 1,787.13.

VOUCHERS

BH Power Inc, 2973.85; City of Rapid City - Water, 8721.32; City of Wall, 108.75; Cardmember 
Services, 1349.85; Verizon, 5881.13; Alltell, 983.25; Montana Dakota Utilities, 17948.96; 
Rainbow Gas Co, 18328.56; Pioneer Bank & Trust, 1456.66; Qwest, 209.03; CBM Food 
Services, 35150.27; City of Hill City, 56.39; Knology, 3678.66; Andersen, Bryan, 61; Camp, 
Paula, 337; Davis, Jeremiah, 337; Diggins, Thomas, 1102.18; Harris, Betsey, 61; Patterson, 
Jamy, 61; Pietz, Paul, 61; Shattuck, Laura, 337; SDML Workers Comp, 23613; Medical Waste 
Transport, 73.12; First Interstate Bank, 4735.99; Mt Rushmore Telephone, 100.86; First 
Administrators, 191168.36; Fish Garbage, 44.84; West River Electric, 1490.73; SD Invasive 
Species Mgmt, 20; US Bank, 275050; Rice Honda Suzuki, 3,444.00; Qwest/T-Nex, Inc, 5.17; 
Golden West Co, 921.14; FSH Communications, 60.00; Working Against Violence, 7,375.00; 
IIARC, 900.00; US Bank, 134,982.50; US Bank Trust, 2,100.00.

ADJOURN

MOVED by Trautman and seconded by Schmidt to adjourn the meeting at 12:30 p.m.

Julie A. Pearson, Auditor

Publish:  April 22 2009

April 7, 2009



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