PENNINGTON COUNTY 
BOARD OF COMMISSIONERS MINUTES
April 21, 2009

A meeting of the Pennington County Board of Commissioners was held on Tuesday, April 21, 
2009, in the Commissioners' meeting room of the Pennington County Courthouse.  Chairperson 
Brenda Young called the meeting to order at 9:00 a.m. with the following Commissioners 
present:  Nancy Trautman, Gale Holbrook, Jim Kjerstad and Ethan Schmidt. 

REVIEW AND APPROVE AGENDA

MOVED by Holbrook and seconded by Trautman to approve the agenda with the following 
additions and changes: Remove Item 13 Petition for Vacation of Plat-Paul Jensen; Remove 10E 
Discussion-Reservoir Road.  Vote:  Unanimous.

REVIEW MINUTES

MOVED by Trautman and seconded by Kjerstad to approve the minutes of the April 7, 2009 
Board of Commissioners' meeting.  Vote:  Unanimous.

ITEMS FROM THE AUDITOR

A.	PACTOLA ESTATES ROAD DISTRICT:  MOVED by Trautman and seconded by 
Holbrook to accept the Official Returns of the organizational election of the Pactola Estates Road 
District and issue the Order for Organization and Incorporation effective with taxing authority 
for the 2009 tax year and after.  Vote:  Unanimous.

ORDER FOR ORGANIZATION AND INCORPORATION OF THE PACTOLA 
ESTATES ROAD DISTRICT PENNINGTON COUNTY, SOUTH DAKOTA

WHEREAS, the Official Return from the organizational election indicates the desire of the 
majority of the qualified voters voting in the proposed area to organize the Pactola Estates Road 
District:

NOW, THEREFORE, BE IT ORDERED, the Pennington County Commissioners declare that 
the Pactola Estates Road District is organized as a governmental subdivision of the State of 
South Dakota and a public body, corporate and political to be effective March 28, 2009 with 
taxing authority for the 2009 tax year and after.

BE IT FURTHER ORDERED, that the Pactola Estates Road District be described as follows:  

Lots 1-7 inclusive & Well Lot of Block 1; Lots 1-12 inclusive of Block 2; Lots 1-12 
inclusive & Reservoir Lot of Block 3, Lots 1-10 inclusive of Block 4, all of Pactola 
Estates, BHM Pennington County, South Dakota.

Dated this 21st day of April, 2009.
PENNINGTON COUNTY COMMISSION
/s/Brenda Young, Chairperson
ATTEST:  /s/Julie A Pearson, Pennington County Auditor

B.	DOTY FIRE DISTRICT ANNEXATION:  MOVED by Trautman and seconded by 
Kjerstad to accept the Annexation to the Doty Fire District as approved by its Board of Directors 
on April 12, 2008.  Property, to annex for tax year 2009 pay 2010 and thereafter, described by 
the following legal.  Vote:  Unanimous.

SW1/4SW1/4 less Lot A of Section 32 located in T2N R7E, BHM, Pennington County, 
South Dakota.

C.	ORDER FOR ORGANIZATION AND INCORPORATION (SHERIDAN LAKE 
HIGHLANDS ROAD DISTRICT).  MOVED by Holbrook and seconded by Schmidt to 
acknowledge the Order of Organization and Incorporation for the Sheridan Lake Highlands Road 
District effective for tax year 2009 and after.  Vote:  Unanimous.

ORDER FOR ORGANIZATION AND INCORPORATION OF THE SHERIDAN LAKE 
HIGHLANDS ROAD DISTRICT, PENNINGTON COUNTY, SOUTH DAKOTA

WHEREAS, all resident registered voters and property owners that are within the proposed 
district boundaries have agreed to and petitioned for the organization of the Sheridan Lake 
Highlands Road District.

AND WHEREAS, said petitions indicate the desire of all qualified voters and landowners within 
the proposed boundaries to organize the Sheridan Lake Highlands Road District.

NOW, THEREFORE, BE IT ORDERED, that the Pennington County Commissioners 
acknowledge and declare the Sheridan Lake Highlands Road District to be organized and 
established as a governmental subdivision of the State of South Dakota and a public body, 
corporate and political to be effective as of today’s date with taxing authority for the 2009 tax 
year and after.

BE IT FURTHER ORDERED, that the Sheridan Lake Highlands Road District be described as 
follows:  

Sewer Lot 1, Lots 2-8 inclusive of Block 1; Lots 1-10 inclusive of Block 2; Lot 1, Lot 
2R, Lots 3-8 inclusive of Block 3; Well Lot 1-3 inclusive, and Reservoir Lot of Sheridan 
Lake Highlands and Tract B of Boland Placer MS#1252 less ROW BHM Pennington 
County, South Dakota.

Dated this 21st day of April, 2009.
PENNINGTON COUNTY COMMISSION
/s/Brenda Young, Chairperson
ATTEST:  /s/Julie A Pearson, Pennington County Auditor

D.	BOUNDARY SWITCH FROM THE WHISPERING PINES FIRE DISTRICT TO THE 
ROCKERVILLE FIRE DISTRICT:  MOVED by Holbrook and seconded by Schmidt to de-
annex the following legal description from the Whispering Pines Fire District and annex it to the 
Rockerville Fire District effective with the 2009 pay 2010 tax year.  Vote:  Unanimous.

Lot 1-4 of Canyon Shadow, Lot 1-20 of Copper Oaks #1; that part of Lots 21-22 lying in 
Section 6; that part of Lots 23-24 lying in Section 5; Lot 30 located in Section 6 & 
Section 7 and Tract A of Copper Oaks #1; all of Section 4, T1S-R07E and the S290’ of 
E150’ of the SW1/4SW1/4SE1/4; E1/2SW1/4SE1/4; SE1/4SE1/4 of Section 5 T1S-R07E 
and the unplatted portion of SE1/4 Section 6 T1S-R07E, BHM, Pennington County, 
South Dakota.

Lot 1 of NW1/4NW1/4 less Lot H3; Lot 1 of NE1/4NW1/4 less Lot H2 in Section 29 of 
1S08E, BHM, Pennington County, South Dakota.

E.	HERMOSA FIRE DISTRICT ANNEXATION:  MOVED by Trautman and seconded by 
Schmidt to accept the annexation to the Hermosa Fire District of the following legal for the tax 
year 2009 pay 2010 and after.  Vote:  Unanimous.

Lot 2 of NE1/4NW1/4 less Lot H3; Lot 2 of NW1/4NW1/4 less Lot H3; SW1/4NW1/4 
less Lot H3 & H4; NW1/4SW1/4 less Lot H2; Lot 2 of SW1/4SW1/4 less Lot H1; Lot Y 
of SW1/4SW1/4 less Lot H1; NE1/4; E1/2SW1/4, SE1/4NW1/4; Lot 1 of SW1/4SW1/4 
less Lot H1, SE1/4 all located in Section 29 of 1S-08E, BHM, Pennington County, South 
Dakota. 

F.	HILL CITY FIRE DISTRICT ANNEXATION:  MOVED by Holbrook and seconded by 
Schmidt to accept the annexation of the Hill City Fire District of the following legal for tax year 
2009 pay 2010 and after.  Vote:  Unanimous.

All Section 18 in T1N-R03E and all Section 3 in T1N-R04E, BHM, Pennington County, 
South Dakota.

H.	ALCOHOLIC BEVERAGE LICENSE NEW:  MOVED by Holbrook and seconded by 
Trautman to approve a new Retail (on-off sale) Wine License for the Summer Creek Inn, 
Summer Creek Inn LLC, owners.  Vote:  Unanimous.

I.	TRANSFER OF ALCOHOLIC BEVERAGE LICENSE:  MOVED by Holbrook and 
seconded by Schmidt to approve the transfer of the Retail (on-off sale) Malt Beverage License 
from Ranch Mart (3887 East Highway 44, Rapid City, SD), VSADD Holdings LLC, owner, to 
Fresh Start-Rapid Valley (3887 East Highway 44, Rapid City, SD), Fresh Start Convenience 
Stores, Inc, owner.  Vote:  Unanimous.

J.	AUTOMATIC ENROLLMENT – SDRS SUPPLEMENTAL RETIREMENT PLAN:  
MOVED by Schmidt and seconded by Kjerstad to approve and authorize the chairperson’s 
signature to the following Resolution effective July 1, 2009.  Vote:  Unanimous.

RESOLUTION
EMPLOYER ELECTION TO ADOPT
 AUTOMATIC ENROLLMENT PROVISIONS
FOR THE SDRS SUPLEMENTAL RETIREMENT PLAN

WHEREAS, SDCL 3-13-56 offers SDRS participating employer units the opportunity to choose 
to add automatic enrollment provisions for the unit’s employees that are hired on or after the 
effective date of July 1, 2009, OR that are hired on or after the date of this election, whichever 
may be later, to the SDRS Supplemental Retirement Plan;

WHEREAS, Pennington County, understands and agrees to the following points;

*	The decision to become an automatic enrollment unit shall be made by the elected 
official, the appointed official, or the governing body in charge of the unit;
*	The unit shall become an automatic enrollment unit on July 1, 2009, or as soon as notice 
of the decision has been delivered in writing to the system, whichever is later;
*	That all permanent full-time employees hired on or after the effective date of this election 
shall be automatically enrolled in the SDRS-Supplemental Retirement Plan;
*	That all new employee identification data via SDRS Form E-1 will be submitted to SDRS 
electronically;
*	That twenty-five dollars per month shall be deferred to the plan from the employee’s 
compensation, effective with the employee’s first pay date;
*	That the SRP deferral shall continue from the effective date of hire until the employee 
officially provides notice to the SRP of his/her election not to participate;
*	Special Rule for Automatic Enrollees: if the employee elects not to participate in 
the plan within 90 days after his or her first pay date and gives notice of that 
election to the plan in a manner prescribed by the SDRS Board of Trustees, the 
deferred compensation amount and the associated gains or losses, less federal 
income tax withholding, shall be refunded to the automatic enrollee within 30 
days of receipt of the final contribution.

NOW, THEREFORE, BE IT RESOLVED, that Pennington County shall elect to add the 
automatic enrollment provision as provided under SDCL 3-13, Deferred Compensation Plan for 
Public Employees, and agrees to the terms and conditions as set forth by SDRS, with an effective 
date of July 1, 2009.

Dated this 21st day of April, 2009.
PENNINGTON COUNTY COMMISSION
/s/ Brenda Young, Chairperson
ATTEST:  /s/ Lori Severson, Deputy Auditor

ITEMS FROM EMERGENCY MANAGEMENT

A.	URBAN SEARCH AND RESCUE TEAM:  MOVED by Schmidt and seconded by 
Holbrook to accept the bid of Metro Fire, Hamm Lake, MN, of February 17, 2009, in the amount 
of $43,434 for Urban Search and Rescue equipment to be utilized by Pennington County 
Emergency Management funded by 2008 Homeland Security Grand funds. Vote:  Unanimous.

ITEMS FROM EQUALIZATION

A.	ABATEMENTS:  MOVED by Schmidt and seconded by Trautman to approve the 
following 2008 abatements/refunds pursuant to the recommendation of the director of 
equalization: Parcel ID 57606 – Doyle Estes & Kathryn Johnson, $171.52.  Vote:  Unanimous.

ITEMS FROM FIRE ADMINISTRATOR

A.	RANGE FIRE SUPPRESSION ASSISTANCE:  MOVED by Holbrook and seconded by 
Kjerstad to approve and authorize the chairperson’s signature to the attached Resolution 
authorizing those persons named to request range fire suppression assistance from the SD 
Division of Wildland Fire Suppression.  Vote:  Unanimous.

PENNINGTON COUNTY COMMISSION RESOLUTION AUTHORIZING A FIRE 
PROTECTION AGREEMENT AND DESIGNATION OF PERSONNEL WITH 
AUTHORITY TO REQUEST FIRE SUPPRESSION ASSISTANCE

WHEREAS, the State of South Dakota may enter into cooperative agreements with counties for 
the provision of assistance in fire prevention and suppression efforts pursuant to SDCL §§ 41-20-
4, 41-20-8, 41-20-8.1 and the Joint Powers provisions of SDCL Chap. 1-24, and

WHEREAS, Pennington County may cooperate with the Secretary of Agriculture for the 
protection of range, farm and forest lands in Pennington County from fire pursuant to SDCL §§ 
34-31-1, 34-31-2 and the Joint Powers provisions of SDCL Chap. 1-24, and

WHEREAS, such cooperative assistance between the State of South Dakota and Pennington 
County is highly desirable and increases the effectiveness of the protection of range, farm and 
forest lands in Pennington County from wildfire, and

WHEREAS, pursuant to SDCL § 41-20-8.1, the South Dakota Wildland Fire Coordinator may 
assist in the suppression of rangeland fires within the county upon request of a Board of County 
Commissioners or its designee, and

WHEREAS, the South Dakota Wildland Fire Coordinator has requested that a person(s) be 
officially designated by the Pennington County Commission to make such requests, and

WHEREAS, at the time of a fire emergency there is insufficient time to convene the Board of 
Pennington County Commissioners to make such requests, and

NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Pennington County Board of 
Commissioners that Pennington County enter into a County Rangeland Fire Protection 
Agreement with the State of South Dakota Department of Agriculture to cooperate in fire 
prevention and suppression efforts, and

BE IT HEREBY FURTHER RESOLVED, that the list of individuals set forth below are hereby 
authorized to request assistance, on behalf of Pennington County, for suppression of rangeland 
fires within Pennington County as specified in SDCL § 41-20-8.1.  The authority to request 
assistance as herein provided shall continue in full force and effect until terminated or modified 
by resolution of the Pennington County Board of Commissioners.

Pennington County Fire Assistance Authorization
Effective:  April 21, 2009

Dennis Gorton, Fire Administrator; Gail Schmidt, Chair, Fire Service Board; Kendal Kjerstad, 
Vice-chair, Fire Service Board; Brenda Young, Chair, County Commission; Anthony Carbajal, 
Emergency Management Coord.; Don Holloway, Sheriff; Lt. Jay Evenson, Deputy Sheriff; 
Major Brian Muller, Deputy Sheriff; Lt. Marty Graves, Deputy Sheriff; Lt. Cory Brubakken, 
Deputy Sheriff; Leandra Hollinshead, Director, ESCC; Ted Rufledt, Asst. Director, ESCC.

Duly passed and adopted at a regular meeting of the Pennington County Commission on the 21st 
day of April, 2009.

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

ITEMS FROM HIGHWAY

A.	2009 BRADSKY ROAD DISTRICT SNOW REMOVAL AGREEMENT:  MOVED by 
Trautman and seconded by Holbrook to authorize the Chairperson’s signature to the 2009 
Agreement between Pennington County Highway Department and the Bradsky Road District for 
emergency snow removal upon request at the rate of $98 per hour and for blading at $75 per 
request.  Holbrook called the question.  Vote on the Question:  Yes: Holbrook, Kjerstad, 
Trautman, and Young.  No:  Schmidt.  Motion carried 4 to 1.  Vote on the Motion:  Unanimous.

B.	AWARD RECOMMENDATION – HAYING CONTRACT FOR LIBERTY BLVD 
AND HIGHWAY 16:  MOVED by Holbrook and seconded by Schmidt to award the bid for 
mowing, processing and removing hay to Garold R. Shull, Box Elder, SD, for each contract in 
the amount of $450 for Liberty Blvd and $450 for Highway 16.  Vote:  Unanimous.

C.	FENCE DAMAGE:  MOVED by Holbrook and seconded by Trautman directs the 
Pennington County Highway Department not to repair the 162 feet of fence owned by Gary 
Peterson, Long View Road, according to the 2008 county snow removal policy.  Vote: 
Unanimous.

D.	HIGH PRIORITY PROJECTS FOR FEDERAL HIGHWAY BILL:  MOVED by 
Schmidt and seconded by Trautman to authorize the Chairperson’s signature to the letters of 
support by April 27, 2009 designating the following projects as high priority and requesting 
funding:  (1) Rochford Road from State Highway 385 Westerly to the town of Rochford (7.58 
miles in Pennington/3.5 miles Lawrence); and (2) Sage Creek Road from State Highway 240, 
South of Wall, through the Badlands National Park and ending at State Highway 44 by Scenic 
(27.5 miles).  Vote:  Unanimous.

ITEMS FROM WEED & PEST

A.	REAPPOINTMENT OF COUNTY WEED & PEST BOARD MEMBERS (2):  MOVED 
by Trautman and seconded by Schmidt to reappoint Judy Haas and Mark Kieffer to the position 
of Pennington County Weed & Pest Board, Areas 1 and 2, for three-year terms.  Vote:  
Unanimous.

TUCKER DAY RODEO – RICH JENSEN:  MOVED by Holbrook and seconded by 
Trautman to approve a one-time waiver of a $200 conditional use permit fee with the stipulation 
they pay for advertising.  Vote:  Yes:  Holbrook, Trautman, and Young.  No:  Kjerstad, Schmidt.  
Motion carried 3 to 2.

24-7 PROGRAM – RAPID CITY NEIGHBORHOOD COALITION:  MOVED by Holbrook 
and seconded by Schmidt to continue this item to the May 5, 2009 Board of Commissioners’ 
Meeting.  Vote:  Unanimous.

BUSINESS OWNERSHIP DECLARATION STATEMENT (CON’T FROM 04-07-09 
BOC MEETING):  MOVED by Schmidt and seconded by Trautman to continue this item to 
May 5, 2009 Board of Commissioners’ Meeting.  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.  (CON’T FROM 04-07-09 
BOC MEETING):  MOVED by Kjerstad and seconded by Trautman to authorize the 
chairperson’s signature to the Resolution.  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
      BE IT RESOLVED by the Board of Commissioners of Pennington County, South Dakota 
(the “County”), as follows:
      Section 1.	Recitals.
      1.01	The County is authorized by South Dakota Codified Laws, Section 7-25-
19 and Chapter 6-8B, as amended (the “Act”), to enter into lease-purchase agreements for 
acquisition of real or personal property that the governing body considers necessary or 
appropriate to carry out its governmental and proprietary functions.  The governing body 
finds that it is necessary and appropriate to issue Certificates of Participation (Limited 
Tax Obligation) Series 2009 (the “2009 Certificates”) in one or more series to refund all 
or a portion of the Certificates of Participation (Limited Tax Obligation) Series 2002 (the 
“2002 Certificates”) which were issued to finance the acquisition, construction and 
equipping of an events center at the Pennington County Fairgrounds (the “Facilities”).

      1.02	The County has agreed with U.S. Bank, National Association as successor 
trustee to The First National Bank in Sioux Falls, as trustee (the “Trustee”), that the 
Trustee has, pursuant to a Ground Lease Agreement, dated as of May 1, 2002, between 
the County and the Trustee (the “Ground Lease”), acquired certain interests in real 
property (the “Land”) from the County, and the Trustee has leased its interest in the Land 
and has leased and agreed to sell the Facilities acquired, constructed and equipped 
thereon to the County pursuant to a Lease-Purchase Agreement, dated as of May 1, 2002, 
between the Trustee and the County (the “Original Lease”), as amended and 
supplemented by the First Amendment to Lease-Purchase Agreement (the “First 
Amendment to Lease”) (the Original Lease as amended and supplemented by the First 
Amendment to Lease is referred to herein as the “Lease”). 

      1.03	The Trustee will execute and deliver a First Supplemental Declaration of 
Trust (the “First Supplemental Trust”) which will supplement and amend the Declaration 
of Trust, dated as of May 1, 2002 (the “Original Trust”) (the Original Trust as amended 
and supplemented by the First Supplemental Trust is referred to herein as the “Trust 
Agreement”), pursuant to which the Trustee will (i) issue the 2009 Certificates in the 
lease payments to be made by the County under the Lease and (ii) receive, hold and 
invest the proceeds of the sale of the 2009 Certificates and disburse such proceeds to 
refund all or a portion of the 2002 Certificates.

      1.04	Dougherty & Company LLC (the “Purchaser”) is hereby retained by the 
County to underwrite the 2009 Certificates.  Lindquist & Vennum P.L.L.P. is hereby 
retained by the County as bond counsel for the 2009 Certificates.

      1.05	Forms of the following documents relating to the Facilities (the 
“Documents”) will be prepared and submitted to the County and, when received, are 
hereby directed to be filed with the County Auditor:  (a) the First Amendment to Lease; 
(b) the First Supplemental Trust; (c) the Certificate Purchase Agreement between the 
County and the Purchaser (the “Certificate Purchase Agreement”); and (d) the Official 
Statement by which the Purchaser will offer the 2009 Certificates for sale to the public.

      Section 2.	Authorization and Approval of the Documents. The financing described 
above is found to be favorable and is hereby approved.  The Chairperson and County Auditor are 
authorized to approve the execution and delivery of the First Amendment to Lease and the 2009 
Certificates in a principal amount not to exceed the sum of (i) $2,300,000 to refund all or a 
portion of the 2002 Certificates, plus (ii) costs of issuance (including underwriter’s discount not 
exceeding 3.00% of par), (iii) bond insurance premium, and (iv) any allowance for original issue 
discount not to exceed 2.00% of par.  The 2009 Certificates shall bear interest at a rate or rates 
per annum resulting in an average interest rate not greater than three percent (3%) per annum and 
shall mature over a period not to exceed nine (9) years.  The Chairperson and County Auditor are 
directed to enter into a Certificate Purchase Agreement with the Purchaser whereby the 
Purchaser will agree to purchase the 2009 Certificates; the execution of the Certificate Purchase 
Agreement by the Chairperson and the County Auditor shall be conclusive evidence of their 
approval of the principal amount, purchase price, interest rates and other terms set forth therein. 
The Chairperson, County Auditor and State’s Attorney are authorized to approve the final forms 
of Documents and the Chairperson and County Auditor are directed to execute the Documents, 
as so approved. Copies of all Documents shall be delivered, filed and recorded as provided 
therein. The Chairperson and County Auditor and State’s Attorney are also authorized and 
directed to execute such other instruments as may be required to give effect to the transactions 
herein contemplated. The County will cooperate in the issuance of the 2009 Certificates, and the 
Chairperson, County Auditor and the State’s Attorney shall execute such other instruments as are 
necessary to the issuance of the 2009 Certificates.

      Section 3.	Modifications, Absence of Officers. The approval hereby given to the 
Documents includes an approval of such additional details therein as may be necessary and 
appropriate and such modifications thereto, deletions therefrom and additions thereto as may be 
necessary and appropriate and approved by the State’s Attorney prior to the execution of the 
Documents. The execution of any instrument by the appropriate officer or officers of the County 
herein authorized shall be conclusive evidence of the approval of such documents in accordance 
with the terms hereof. In the absence of the Chairperson or the County Auditor, any of the 
Documents authorized by this resolution to be executed may be executed by such officers as, in 
the opinion of the State’s Attorney, may execute documents in their stead.

      Section 4.	Payment of Lease Payments.  The County will pay to the Trustee promptly 
when due, all of the Lease Payments (as defined in the Lease) and other amounts required by the 
Lease. To provide moneys to make such payments, the County will include in its annual budget, 
for each fiscal year during the term of the Lease, moneys sufficient to pay and for the purpose of 
paying all Lease Payments and other amounts payable under the Lease, and will take all other 
actions necessary to provide moneys for the payment of the obligations of the County under the 
Lease from sources of the County lawfully available for this purpose, including the levy of such 
taxes as may be necessary therefor, including levies under South Dakota Codified Laws Section 
10-13-35, subject only to the limitations on such levies imposed by South Dakota law. 

	The County agrees and covenants to include in its annual budget for each fiscal year 
during the term of the Lease moneys sufficient to pay and for the purpose of paying the Lease 
Payments pursuant to the First Amendment to Lease, and to levy a tax pursuant to South Dakota 
Codified Laws Section 7-25-1, and in conformity with the South Dakota Codified Laws Section 
10-13-35 and South Dakota Constitution Article XIII Section 5, in an amount which will 
generate an amount sufficient and for the purpose of paying the Lease Payments pursuant to the 
First Amendment to Lease, to the extent permitted by law and to take all other actions necessary 
to provide moneys for the payment of the Lease Payments pursuant to the First Amendment to 
Lease from sources of the County lawfully available for such purpose.

      Section 5.	Tax Matters.  The County covenants and agrees with the Trustee and the 
registered owners from time to time of the 2009 Certificates that it will not take or permit to be 
taken by any of its officers, employees or agents any action which would cause the interest on 
the 2009 Certificates to become subject to taxation under the Internal Revenue Code of 1986, as 
amended (the “Code”), and regulations issued thereunder (the “Treasury Regulations”), in effect 
at the time of such action, and that it will take, or it will cause its officers, employees or agents to 
take, any and all actions within its powers to ensure that the interest component of the Lease 
Payments will not become subject to taxation under the Code and the Treasury Regulations, as 
presently existing or as hereafter amended and made applicable to the 2009 Certificates.

      Section 6.	Arbitrage Certification. The Chairperson and the County Auditor, being 
the officers of the County charged with the responsibility for issuing the 2009 Certificates 
pursuant to this resolution, are authorized and directed to execute and deliver to the Trustee a 
certificate in accordance with the provisions of Section 148 of the Code, and Section 1.148-2(b) 
of the Treasury Regulations, stating the facts, estimates and circumstances in existence on the 
date of issue and delivery of the 2009 Certificates which make it reasonable to expect that the 
proceeds of the 2009 Certificates will not be used in a manner that would cause the Lease or the 
2009 Certificates to be arbitrage bonds within the meaning of the Code and Regulations.

      Section 7.	Arbitrage Rebate. For purposes of complying with the requirements of 
Section 148(f)(4)(D) of the Code relating to arbitrage rebate, the County represents that: (i) the 
County has general taxing powers; (ii) neither the First Amendment to Lease nor the 2009 
Certificates are “private activity bonds” within the meaning of Section 141 of the Code; (iii) at 
least ninety-five percent (95%) of the net proceeds of the First Amendment to Lease and the 
2009 Certificates are to be used for local governmental activities of the County; and (iv) the 
aggregate face amount of all tax exempt obligations (other than “private activity bonds”) issued 
by or on behalf of the County and all subordinate entities thereof in calendar year 2009 is not 
reasonably expected to exceed $5,000,000. Nevertheless, if for any reason the First Amendment 
to Lease and the 2009 Certificates should fail to qualify for the exemption from rebate 
requirements under Section 148(f)(4)(D) of the Code, the County will covenant in the Trust 
Agreement to make (or cause to be made) the necessary calculations and payments required by 
Section 148(f) of the Code.

      Section 8.	Qualified Tax-Exempt Obligations. The County hereby designates the 
First Amendment to Lease as a “qualified tax-exempt obligation” for purposes of Section 
265(b)(3) of the Code relating to the disallowance of interest expense for financial institutions, 
and hereby finds that the reasonably anticipated amount of qualified tax-exempt obligations 
(within the meaning of Section 265(b)(3) of the Code) which will be issued by the County and 
all subordinate entities during calendar year 2009 does not exceed $30,000,000.

      Section 9.	Continuing Disclosure.  The County acknowledges that the 2009 
Certificates are subject to the continuing disclosure requirements of Rule 15c2-12 promulgated 
by the Securities and Exchange Commission under the Securities Exchange Act of 1934 (17 
C.F.R. § 240.15c2-12) (as in effect and interpreted from time to time, the “Rule”).  The Rule 
governs the obligations of certain underwriters to require that issuers of municipal obligations 
enter into agreements for the benefit of the holders of the obligations to provide continuing 
disclosure with respect to the obligations. To provide for the public availability of certain 
information relating to the 2009 Certificates and the security therefor and to permit participating 
underwriters in the primary offering of the 2009 Certificates to comply with the Rule, which will 
enhance the marketability of the 2009 Certificates, the Chairperson and the County Auditor are 
hereby authorized and directed to execute an Agreement Concerning Continuing Disclosure, by 
which the County agrees to provide such information, either directly or through a disclosure 
agent, and the County hereby covenants and agrees to observe and perform the covenants and 
agreements contained therein, unless amended or terminated in accordance with the provisions 
thereof, for the benefit of the registered owners or beneficial owners from time to time of the 
Outstanding 2009 Certificates as therein provided.

      Section 10.	Official Statement.  The County will participate in the preparation of the 
Preliminary Official Statement and the final Official Statement relating to the 2009 Certificates 
and hereby authorizes the County Auditor to consent to the distribution of the Official Statement 
by the Purchaser in connection with the sale of the 2009 Certificates. The Preliminary Official 
Statement, except for Permitted Omissions, will be deemed final by the County when authorized 
by the County Auditor as of its date within the meaning of Rule 15c2-12 of the Securities and 
Exchange Commission under the Securities Exchange Act of 1934. As used herein, “Permitted 
Omissions” shall mean the offering price(s), interest rate(s), selling compensation, aggregate 
principal amount, principal amount per maturity, delivery dates, rating, if any, and other terms of 
the 2009 Certificates depending on such matters.

      Section 11.	Amendment. This resolution may be amended from time to time, prior to 
the issuance of the 2009 Certificates, by an administrative resolution adopted by this County.

      Section 12.	Effective Date. This resolution shall become effective in accordance with 
Section 7-25-20, South Dakota Codified Laws.

Adopted this 21st day of April, 2009

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

AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN PENNINGTON 
COUNTY AND DOUGHERTY & COMPANY, LLC (CON’T FROM 04-07-09 BOC 
MEETING):  MOVED by Trautman and seconded by Kjerstad to authorize the chairperson’s 
signature to the Agreement made and entered into by and between Pennington County, Issuer, 
and Dougherty & Company, LLC, Consultants.  Vote:  Unanimous.

COST OF COMMUNITY SERVICES FOR PENNINGTON COUNTY (CON’T FROM 
04-07-09 BOC MEETING):  MOVED by Trautman and seconded by Schmidt to authorize the 
release of payment to Colorado State University for the costs of community services report.  
Vote:  Unanimous.

CONSIDERATION OF PARTNERSHIP WITH COMMUNITY HEALTH, BEHAVIOR 
MANAGEMENT AND OTHERS (CON’T FROM 04-07-09 BOC MEETING):  MOVED by 
Holbrook and seconded by Schmidt to continue this item to the June 2, 2009 Board of 
Commissioners’ Meeting.  Vote:  Unanimous.

MISCELLANEOUS

A.	APPROVE VOUCHERS:  MOVED by Schmidt and seconded by Trautman to approve 
the vouchers listed at the end of the minutes for expenditures for insurance, professional services, 
publications, rentals, supplies, repairs, maintenance, travel, conference fees, utilities, furniture 
and equipment, and authorize the chair’s signature thereto.  Vote:  Unanimous.

Recess at 11:07 a.m.
Meeting resumed at 11:17 a.m.

ITEMS FROM PLANNING AND ZONING:

A.	CONSTRUCT A ROAD WITHIN A SECTION LINE:  Town of Wasta; Performance 
Development Group - Agent.  To construct a road within the above-described Section Line 
Right-of-Way in order to construct a driveway to a telecommunications tower site. 

That portion of the Section Line Right-of-Way which begins 592 feet south of the 
Northwest Corner of Section 4 and the Northeast Corner of Section 5 (both Sections of 
T1N, R14E) and heads south for approximately 646 feet along the Section Line Right-of-
Way lying between Sections 4 and 5 of T1N, R14E, BHM, Pennington County, South 
Dakota.

MOVED by Trautman and seconded by Kjerstad to accept staff recommendation to approve the 
request to construct a road within the Section Line Right-of-Way with the following nine (9) 
conditions: 1. That the Section Line highway be opened to construct a 12 foot wide road with 6 
inches of gravel;  2.. That the applicant notifies the Wasta Township and the Town of Wasta of 
the work to be performed on 180th Avenue; 3. That any fence material removed during the 
construction of the road be replaced by the applicant; 4. That erosion control measures be 
implemented to prevent silt from leaving the applicant’s property and erosion control measures 
be maintained on the area of the proposed roadway construction; 5. That any natural drainage 
ways and paths be continually maintained and culverts added as necessary, in accordance with 
Pennington County Ordinance #14; 6. That the applicant pays for any regulatory, warning, and 
information road signs as determined by the Pennington County Highway Department; 7. If the 
area to be disturbed by the proposed construction of the road is 1 acre or larger, the applicant will 
be required to obtain a Storm Water Construction Permit from the South Dakota Department of 
Environment and Natural Resources (DENR);8. That the applicant understands that approval of 
this road construction within a Section Line Right-of-Way does not constitute approval of any 
future application to be submitted on the above-described properties; and, 9. That any 
monuments establishing property boundaries be replaced as necessary.  Vote:  Unanimous.  

B.	PLANNED UNIT DEVELOPMENT AMENDMENT REVIEW / PU 07-01:  Calvin 
Havorka/Sharon Rose.  To review a Planned Unit Development to allow a Bed and Breakfast, 
restaurant, eight recreational vehicle sites and a rental house in accordance with Section 213 of 
the Pennington County Zoning Ordinance.

Lot 1, Lot 5, and Parcel A of the NE1/4SW1/4 and Lot A of Weber Subdivision, Section 
3, T1S, R7E, BHM, Pennington County, South Dakota.

MOVED by Holbrook and seconded by Trautman to accept Planning Commission 
recommendation to approve the extension of PU 07-01 with the following nine (9) conditions: 1. 
That the private access road be widened to a minimum of 20-feet with at least four (4) inches of 
gravel on top; 2. That the applicant provides proper screening around the perimeter of the RV 
Park.  The applicant must provide a site plan showing the proposed screening.  The Planning 
Director and the Planning Commission must approve the screening plan and the proposed 
material used for the screening; 3. That each individual sewer hookup consists of a minimum of 
a two (2)-foot by two (2)-foot concrete pad with the drainage being diverted to the center of the 
pad.  The sewer pipe must be located directly in the center of the two (2)-foot by two (2)-foot 
pad and must be no higher than the lowest point of drainage of the pad.  This is to ensure that any 
spills or overflow drains back into the sewer pipe; 4. That the barrier continue to be maintained 
to prevent people from driving over the wastewater disposal systems located within the PUD; 5. 
That the setbacks from property lines be the same as outlined in Section 210-E of the Pennington 
County Zoning Ordinance; 6. That Building Permits be obtained for any structure exceeding 144 
square feet or located on a permanent foundation, which includes the necessary site plans to be 
reviewed and approved by the Planning Director; 7. That the Planning Director may allow 
additional development or construction, which is consistent with the existing development on 
this property.  Significant changes in the use or impacts on adjacent land, uses as determined by 
the Planning Director, shall require an amendment to this Planned Unit Development; 8. That all 
internal roads and parking areas be maintained in a dust free manner; 9. That this Planned Unit 
Development be reviewed on a complaint basis only.  Vote:  Unanimous.

C.	LAYOUT PLAT / PL 09-06:  James and Marilyn Dean.  To create Lots 1, 2, and 3 of 
Dean Subdivision in accordance with Section 400.1 of the Pennington County Subdivision 
Regulations.

EXISTING LEGAL:  All of Eddy #1 Lode MS, Section 28, T1S, R5E, BHM, Pennington 
County, South Dakota.

PROPOSED LEGAL:  Lots 1, 2, and 3, Dean Subdivision, Section 28, T1S, R5E, BHM, 
Pennington County, South Dakota.

MOVED by Holbrook and seconded by Kjerstad to accept Planning Commission 
recommendation to approve PL 09-06 with the following ten (10) conditions: 1. That at the time 
of Preliminary Plat submittal, engineered road construction plans be submitted for Eddie Lode 
Road to be improved to Local Road Standards or a Subdivision Regulations Variance be 
obtained waiving this requirement; 2. That prior to Preliminary Plat submittal, the applicant 
submits percolation tests and soil profile information for the proposed Lots to be reviewed and 
approved by the Environmental Planner or obtain approval of a Subdivision Regulations 
Variance waiving this requirement; 3. That at the time of Preliminary Plat submittal, the 
applicant provides a site plan indicating the location of all existing structures, septic tank and 
drainfield; 4. That prior to submitting the Final Plat, Eddie Lode Road be improved to Local 
Road Standards, submit a surety for the improvements to Eddie Lode Road or obtain approval of 
a Subdivision Regulations Variance waiving this requirement; 5. That a turn-around be 
constructed at the end of Eddie Lode Road in accordance with Table 1 of the Pennington County 
Subdivision Regulations or obtain approval of a Subdivision Regulations Variance waiving this 
requirement; 6. That at the time of submittal of the Preliminary Plat, the applicant submits 
topography at 5 foot contour intervals or obtains approval of a Subdivision Regulations Variance 
waiving this requirement; 7. That at the time of submittal of the Preliminary Plat, the applicant 
must submit information in regards to water supply; 8. That the Final Plat have a statement as 
follows: “Prior to applying for a Preliminary Plat, the applicant must provide adequate 
percolation test results, which include eight (8) foot soil profile information for each lot;” 9. That 
at the time of Preliminary Plat submittal, the applicant submit a Fire Mitigation Plan or obtain 
approval of a Subdivision Regulations Variance waiving this requirement; and, 10. That prior to 
filing the plat with Register of Deeds, Lots 1, 2, and 3 be rezoned to Low Density Residential 
District or obtain approval of Lot Size Variances.  Vote:  Unanimous.

D.	FIRST READING AND PUBLIC HEARING OF REZONE / RZ 09-02:  Double Q 
Properties; Gene Quinn – Agent.  To rezone 35.23 acres from Planned Unit Development to 
Limited Agriculture District in accordance with Sections 208 and 508 of the Pennington County 
Zoning Ordinance.

Tract A of Government Lot 1 and Tract A of Government Lot 2, Section 18, T1N, R7E, 
BHM, Pennington County, South Dakota

MOVED by Trautman and seconded by Holbrook to accept Planning Commission 
recommendation to approve RZ 09-02 to rezone 35.23 acres from Planned Unit Development to 
Limited Agriculture District.  Vote:  Unanimous.

E.	FIRST READING AND PUBLIC HEARING OF PLANNED UNIT DEVELOPMENT 
AMENDMENT / PU 09-06:  Roy and Betty Osborn; Larry Job – Agent.  To amend a Planned 
Unit Development to allow for an accessory structure prior to construction of a primary structure 
in accordance with Section 213 of the Pennington County Zoning Ordinance.

Tract 9, Rushmore Ranch Estates Subdivision, Section 17, T2S, R7E, BHM, Pennington 
County, South Dakota.

MOVED by Schmidt and seconded by Trautman to accept Planning Commission 
recommendation to approve PU 09-06 with the following nine (9) conditions: 1. That if the 
applicant chooses to install any type of plumbing in the garage, it be hooked into a proper means 
of wastewater disposal and adhere to all necessary State and County regulations; 2. That the 
garage be used for personal use only and no commercial-type uses; 3. That the property remains 
free of debris and junk vehicles; 4. That all natural drainage paths are maintained; 5. That an 
address be assigned for the garage and properly posted on both the structure and the approach off 
of Rushmore Ranch Road in accordance with Pennington County’s Ordinance #20; 6. 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; 7. That an Approach Permit be obtained prior to a Building Permit being submitted; 8. 
That this Conditional Use Permit be reviewed in one (1) year or on a complaint basis to verify 
that all conditions of approval are being met; and, 9. That the Statement of Understanding, which 
is available at the Planning Office, be signed by the applicant prior to a Building Permit being 
issued.  Vote:  Unanimous.

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 Trautman to continue this item to the July 21, 2009, 
Board of Commissioners’ meeting.  Vote:  Unanimous.

G.	FIRST READING AND PUBLIC HEARING OF PLANNED UNIT DEVELOPMENT 
AMENDMENT / PU 09-03:  James 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 Trautman and seconded by Schmidt to continue this item to the May 5, 2009, Board 
of Commissioners’ meeting.  Vote:  Unanimous.

H.	RELIMINARY PLAT / PL 09-07 AND SUBDIVISION REGULATIONS VARIANCE / 
SV 09-03:  CMR, LLC; Dale Froehlich – Agent.  To create Tracts 1-12, 13A, 13B, 14A, 14B, 
15A, 15B, 16A, 16B, 17-28, and Common Lots of Copper Mountain Ranch Subdivision and to 
waive sidewalks, street lights, percolation tests and soil profile information, improvements to 
Medicine Mountain Road and to allow the following:  the plat to be 1 inch = 200 feet, as-built 
road plans in lieu of the engineered road plans, 20-foot-wide roads, grades up to 17% for 500 
foot lengths, individual wells in lieu of the required central water system, and sprinkler systems 
in each residence in accordance with Section 400.2 of the Pennington County Subdivision 
Regulations.

EXISTING LEGAL:  SW1/4SW/14 of Section 25; SE1/4SW/14, SW1/4SE1/4, 
SE1/4SE1/4 of Section 26; and the N1/2NW1/4 less ROW of Section 36, all in T1S, R3E, 
BHM, Pennington County.

PROPOSED LEGAL:  Tracts 1-12, 13A, 13B, 14A, 14B, 15A, 15B, 16A, 16B, 17-28, 
and Common Lots of Copper Mountain Ranch Subdivision, Sections 25, 26, and 36, T1S, 
R3E, BHM, Pennington County, South Dakota.

MOVED by Holbrook and seconded by Schmidt to continue this item to the May 5, 2009 Board 
of Commissioners’ Meeting.  Vote:  Unanimous.

I.	FIRST READING AND PUBLIC HEARING OF ORDINANCE AMENDMENT / OA 
09-03:  Joseph Riss.  Section 213-B-5 - Vacation Home Rentals in a Planned Unit Development.

Planning Commission recommended approval of Ordinance Amendment 09-03 to amend Section 
213-B-5 to allow Vacation Home Rentals in a Planned Unit Development and the Planned Unit 
Development shall consist of no less than five (5) lots and each unit shall be located a minimum 
of 300 feet from a residential zoning district and/or residential dwelling unit.  

MOVED by Schmidt and seconded by Trautman to deny the PU 09-03 to amend Section 213-B-
5 to allow Vacation Home Rentals in a Planned Unit Development.  Vote:  Yes: Kjerstad, 
Schmidt, Trautman and Young.  No:  Holbrook.  Motion passed 4 to 1.

J.	FIRST READING AND PUBLIC HEARING OF PLANNED UNIT DEVELOPMENT 
AMENDMENT / PU 09-01:  Joseph Riss.  To amend a Planned Unit Development to reduce the 
minimum required rear yard setback from 25 feet to 5 feet, the side yard setback from 25 feet to 
4.5 feet, and to reduce the setback from the centerline of a Section Line Right-of-Way from 58 
feet to 38 feet to allow for additions onto an existing cabin in accordance with Section 213 of the 
Pennington County Zoning Ordinance.

Lot 15R (also in Section 3, T1S, R5E and in Section 34, T1N, R5E), Wheel Inn #2, 
Section 2, T1S, R5E, BHM, Pennington County, South Dakota.

MOVED by Holbrook and seconded by Trautman to continue this item to the May 5, 2009, 
Board of Commissioners’ meeting.  Vote:  Unanimous.

K.	FIRST READING AND PUBLIC HEARING OF ORDINANCE AMENDMENT / OA 
09-02:  Pennington County.  On-Site Wastewater Systems.

MOVED by Holbrook and seconded by Schmidt to continue this item to the May 5, 2009, Board 
of Commissioners’ meeting.  Vote:  Unanimous.

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

A.	PERSONNEL – DEPARTMENT HEAD ANNUAL EVALUATION:  MOVED by 
Trautman and seconded by Schmidt to convene in Executive Session.  Vote: Unanimous.  The 
Board remained in Executive Session from 12:14 p.m. until 1:13 p.m.  MOVED by Trautman 
and seconded by Schmidt to adjourn from Executive Session.  Vote:  Unanimous.

PERSONNEL

Sheriff’s Office:  Effective April 1, 2009- Robert Hammond, $2734; John Weygaerts, $3753; 
Wade Anderson, $3753; Brandon Jones, $2940; Kristie Escott, $3939.50; Effective April 27, 
2009-Darren Patterson, $3759; Effective April 13, 2009-Dallas Kendrick, $3241; Charles White, 
$2940; Effective April 6, 2009-Rebecca Meyers, $16.15/hour.  Highway:  Effective April 27, 
2009-William Huggins, $10.93/hour; Jayna Grainger, $10.93; Barbara Salyers, $10.93; Mary 
Weygaerts, $10.93; Effective May 18, 2009-Justin Kolbeck, $10.93/hour.  Treasurer:  Effective 
April 13, 2009-Laura Luthy, $2303.

GENERAL FUND SURPLUS ANALYSIS
						
The amount of General Fund dollars that counties can retain as surplus is restricted by SDCL 7-
21-18.1 which states:  "The total unreserved, undesignated fund balance of the general fund may 
not exceed forty percent of the total amount of all general fund appropriations contained in the 
budget for the next fiscal year.  The total unreserved, undesignated fund balance of the general 
fund of the county as of March thirty-first and September thirtieth shall be published in the 
minutes of the proceedings of the board of county commissioners and reported to the Department 
of Legislative Audit.  The report shall be on forms prescribed by the Department of Legislative 
Audit."  

The following analysis should be completed as of March thirty-first and September thirtieth of 
each year.  Thereafter, the unreserved, undesignated fund balance amount should be published in 
the minutes of the governing board.  This analysis should also be filed with the Department of 
Legislative Audit.  					

Pennington County
31-Mar-09
						
ASSETS:  10100 Cash; 10200 Cash Change, 569,685.84; 10300 Petty Cash, 110,815.00; 10400 
Interest Bearing Accounts; 10500 Savings Certificates; 10700 Restricted Cash in Banks, 
6,556.45; 10800 Taxes Receivable—Current, 25,982,340.49; 10900 Estimated Uncollectible 
Taxes Receivable—Current; 11000 Taxes Receivable—Delinquent, 340,343.94; 11100 
Estimated Uncollectible Taxes Receivable—Delinquent; 11400 Judgment Receivable; 11700 
Accounts Receivable, 1,554,034.90; 11800 Estimated Uncollectible Accounts Receivable; 12800 
Notes Receivable, 3,359.00; 	13100 Due from Other fund; 13200 Due from Other Government, 
490,038.00; 13300 Advance to Other Fund, 0.00; 13500 Interest Receivable; 14100 Inventory of 
Supplies; 15100 Investments, 5,379,525.48.  TOTAL ASSETS, 34,436,699.10.

LIABILITIES AND EQUITY: 20100 Claims Payable; 20200 Accounts Payable, 876,780.96; 
20800 Due to Other Funds; 20900 Due to Other Governments; 21600 Accrued Wages Payable; 
21700 Payroll Withholding Payable, 	0.00; 22300 Revenues Collected in Advance; 22400 
Deferred Revenue, 26,816,081.43.

FUND BALANCES: 27102 Reserved for Inventory; 27103	Reserved for Advance to Other 
Funds; 27199	Reserved for Other Purposes (Specify); 27201 Designated for Next Year's 
Appropriations (one of the following), March - 3/4 of the current year, September - 1/4 of current 
year + subsequent year, December - subsequent year: 3,051,907.50; 27202 Designated for Other 
Purposes (Specify): ITS Equipment, 83,850.00; Equipment Reserve, 258,631.00; Catastrophic 
Health Care, 125,000.00; Drainage, 6,556.00; 27203 Designated for Capital Outlay 
Accumulations; 27209 Undesignated, 3,217,892.21.  TOTAL LIABILITIES AND EQUITY, 
34,436,699.10.

Following Year General Fund Budget, (use current year for March analysis), 43,419,953.00.

The unreserved, undesignated fund balance, account 27209, divided by the following year 
General Fund budget resulting in the fund balance percentage: 7.41%.

VOUCHERS

1Edisource Inc, 550.00; A & B Business Equipment, 499.91; A & B Welding Supply Co, 39.58; 
A & I Distributors, 165.57; A To Z Shredding Inc, 388.05; A-1 Ditching, Inc, 1,670.92; A-1 
Sewer & Drain, Inc, 80.00; Aallen Bryant & Assoc, 60.00; ABL Inc, 61.80; Ace Hardware-East, 
19.91; Ace Warehouse Inc, 47.96; Action Mechanical Inc, 80.41; Active Data Systems Inc, 
13,328.25; Adams Machining, 290.07; Adtech Incorporated, 165.00; Advanced Security Product, 
5,310.51; Already Steamin, 170.00; American Correctional, 300.00; American Time & Signal 
Co, 93.95; Amerigas, 93.24; Anders, Irene, 55.20; Anderson Sand & Gravel, 169.40; Anderson, 
Bill, 23.00; Anderson, Duane, 170.00; Anderson, Joel, 90.00; Anderson, Orlyn, 20.00; Aosnc, 
LLC, 942.60; Appliance Pro's Inc, 185.60; Apria Health Care, Inc, 198.69; Arc International, 
Inc, 2,800.00; Architectural Specialties, 1,160.61; Armstrong Extinguishers, 88.00; Ashley, 
John, 240.00; Asphalt Conference, 300.00; Badlands Automotive, 669.58; Bangs, Mccullen, 
Butler, 4,148.43; Banks, Bridgette R, 682.80; Bargain Printing, 992.12; Barnier, Greg, 2,849.25; 
Behavior Management, 34,237.25; Behrens Mortuary, 1,660.00; Bennett, Brian, 24.40; Benton, 
Roger, 63.00; Best Business Prdcts Inc, 2,021.23; Best Western Ramkota Inn, 316.00; BH 
Agency, 65.00; BH Ammunition Inc, 9,200.00; BH Chemical Company Inc, 4,548.36; BH 
Electric Coop Inc, 66.67; BH Pediatrics, 460.50; BH Pest Control, Inc, 255.00; BH Power Inc, 
1,746.51; BH Reporting Inc, 200.40; BH Services Inc, 363.30; BH Truck & Trailer Inc, 86.27; 
BH Wilbert Vault, 590.00; BH Workshop, 5,000.00; Biberdorf, Brenda, 41.07; Biegler, Greg 
LPC,CCDC II, 360.00; Black Hills Power, 8,457.04; Boal, Mischelle, 255.84; Bob Barker 
Company Inc, 3,899.05; Border States Electric, 786.00; Boschee, Roy, 23.00; Brant, Annette, 
188.80; Brink-Gluhosky, Michele, 60.00; Brown County Sheriff, 51.29; Brown's Small Engine 
Rep, 161.05; Brownells, Inc, 867.87; Buck, Earl W, 115.75; Butler Machinery, 602.86; 
Cardiology Associates, PC, 240.91; Career Learning Center, 180.00; Carlson, Jean, 1,267.25; 
Carol Butzman Consulting, 4,587.48; Carpetmart, 33,200.95; Carquest Auto Parts, 1,497.25; 
Caster, Patty, 63.00; Cat's Cleaning, 40.00; CBCInnovis, Inc, 83.25; CBM Food Service, 
18,444.07; CBM Food Service, 20,641.28; CDW Government Inc, 812.59; Cedar Shore Resort, 
163.90; Cellebrite Usa Corp, 899.00; Central Hills Plumbing, 210.47; Century Business Prod 
Inc, 38.89; CETEC Engineering, 1,124.04; Change Companies, The, 1628.63; Chemsearch, 
1,022.99; Child Advocacy Center, 325.00; Chris Supply Co Inc, 1,232.42; City of Rapid City, 
29,649.31; City of Rapid City, 8,568.31; City of Rapid City -Water, 294.24; Civic Research 
Institute, 179.95; Clark Printing, 2,326.35; Clark, Tana, 35.52; CLIA Laboratory Program, 
150.00; Cody, Denise, 21.00; Colbath, Angela M, 587.00; Colhoff, Linda, 32.60; Comfort Inn - 
Pierre, 70.00; Communication Services, 130.00; Community Health Center, 20,348.85; Conney 
Safety Products, 78.20; Contractors Supply, 412.80; Cook's Correctional Kitch, 1,596.98; Copy 
Country, 919.91; Coram Alternate Site, 1,077.08; Correctional Billing Service, 18.11; 
Correctional Technologies, 4,177.00; Costello, Porter Et Al, 1,173.08; Countryside Prop Mgmt 
Inc, 650.00; Covin, Inc, 200.00; Crawford, Anthony E, 1,351.60; Creative Surfaces Inc, 
1,047.50; Crescent Electric Supply, 282.88; Crisis Prevention, 100.00; Crowley Co Sheriff's Off, 
32.50; Crum Electric Supply, 1,117.78; Custom Cage, 1,200.00; Cynor, Rhonda, 20.00; D & F 
Truck and Auto, 224.30; D & R Electronics, Co, 5,025.00; D & R Service Inc, 229.60; Dakota 
Business Center, 1,392.08; Dakota Plains Legal Srvs, 15,500.00; Dakota Supply Group Inc, 
81.28; Dale's Tire, 21,361.60; Dalton, Dawn, 8.87; Davenport, Evans, Hurwitz, 1,687.33; Davis, 
Dale, 265.00; Davis, Kathy, 742.60; Davis, Lester, 184.95; De's Oil & Propane, 140.05; Decatur 
Electronics, Inc, 4,329.00; Defensive Edge Training, 350.00; Dell Marketing Lp, 1,836.59; 
Demersseman Jensen, 4,250.91; Dennis Supply - RC, 915.69; Derby Industries, 4,560.00; 
Diagnostic Imaging, 360.00; Diamond Pharmacy Services, 18,232.24; Diamond Vogel Paint 
Cntr, 204.42; Diesel Machinery Inc, 1,216.42; Dietrich, Clint, 20.00; Dietrich, Donna, 666.71; 
Diversified Auto, 23.46; Dlorah, Inc, 675.00; Doorn, Charlene, 26.00; Doud, Lila, 45.00; E.F. 
Johnson Company, 97.50; Eagle Ridge I, LLLP, 240.00; Ecolab Pest Elimination, 235.50; 
Eddie's Truck Sales, 265.78; Enders, Jason, 135.00; Enviromaster, Inc, 105.00; Environmental 
Chemical, 1,276.98; Ergometrics, 250.00; Evans, John, 11.20; Evergreen Office Products, 
646.12; Executive Mgmt Fin Office, 9.09; Executive Mgmt Fin Office, 127.64; Exxon Mobil 
Fleet, 129.73; Family Thrift Center Inc, 113.41; Farmer Brothers Coffee, 311.38; Fastenal 
Company, 521.88; Fastsigns of the BH, 99.97; Fazenbaker, Carol Ann, 270.00; Federal Signal 
Corp, 1,612.64; Feehan & Cline, PC, 1,451.40; Fiferman, Leslie, Ph.D., 1,700.00; Firecom, 
2,359.90; Firestone Complete Auto, 552.46; First, 47.00; First Administrators, 96,033.79; First 
American Title Co, 135.00; First Interstate Bank, 62.98; Fleet Services, 5,100.22; Flooring 
America, 2,375.00; Foley's Custom Print, 1,610.50; Fransen, Jeffrey J, 635.50; Fred Pryor 
Seminars, 477.00; French, Jean M, 338.00; Fresh Start Carpet Care, 485.00; Frontier Auto Glass, 
LLC, 1,067.97; Frontier Commercial, 391.52; Fruit of the Loom, 492.66; Fuss, Larry D, 190.00; 
G & H Distributing - RC, 777.29; G4s Justice Services, Inc, 644.64; Geib, Elston, Frost PA, 
14,458.37; Gibbons, Galene, 66.00; Gibson, Loveletta Mae, 350.00; Godfrey Brake Service, 
5,757.10; Golden West Companies, 76.34; Golden West Companies, 246.40; Golden West 
Technologies, 12.95; Golden West Technologies, 19,720.19; Gonzalez, Talona, 50.00; Gordon, 
John, 125.00; Gorton, Dennis, 213.63; Graffitti's Car Wash, 37.74; Grainger-841964646, 50.40; 
Graphics Plus, 158.52; Great Western Tire Co Inc, 2,422.08; Green, Sharon, 120.00; Grimm's 
Pump Service Inc, 154.77; Guaranteed Connections, 20.00; Gunderson,Palmer,Goodsell, 
1,521.44; Gustave A Larson Company, 184.45; Hainesway Limited Partner, 150.00; Hand, 
Brittney, 131.00; Hansen, Justin, 92.00; Hardware Hank, 24.71; Harkins, Carolyn, 523.50; 
Harkins, Randy, 252.00; Harmelink, Fox &, 579.44; Harms Oil Company, 14,342.90; Harveys 
Lock Shop, 347.75; Hasler Inc, 228.00; Hauff Mid-America Sports, 3,094.90; Heartland Paper 
Company, 6,187.58; Hein, Cheryl, 1,050.00; Henry Schein Inc, 248.17; Herd's Ribbon & Laser, 
1,597.70; Hill City Public Library, 6,051.25; Hills Materials Co, 6,755.25; Hillyard/Sioux Falls, 
3,191.29; Hocking, Scott, 71.20; Hoffman, Fredrick Dustin, 1,365.00; Holbrook, Gale, 192.60; 
Holiday Inn Express, 93.00; Homeputer, 761.00; Honeywell Inc, 239,521.81; Honeywell, Inc, 
3,852.00; Horwath Laundry Equipment, 587.28; Hosmer, David M, Law Offi, 138.36; Howie, 
Gordon, 588.00; HSBC Business Sol, 288.11; Hughes County Sheriff, 102.20; Humane Society 
of the BH, 3,500.00; Ikon Office Solutions, 523.55; Impressions Rubber Stamp, 35.85; Indoff 
Inc, 2,012.52; Industrial Electric, 242.00; Industrial Supply Co Inc, 3,367.26; Inter-Agency 
Training Cou, 100.00; Interstate Batteries, 731.57; Intoximeters Inc, 6,916.30; Jackson County 
Sheriff, 27.50; Jacobson, Scott J, 270.00; Janz, Donald A, 3,500.00; Jefferson Partner LP, 
713.90; Jeffries, James L, 311.60; Jenner Equipment, 536.31; Jensen, Dee, 410.00; Jimmy John's 
Catering, 116.25; JJ's Engraving & Sales, 5.50; Johnson Controls, 7,210.00; Johnson Machine 
Inc, 2,718.80; Johnson's Carpet, 2,110.00; Johnson, Mitchell D, 9,092.21; Jones, Christine, 
26.00; Junge, Hiene, 481.02; Kallemeyn, Sharon, 48.80; Kappedal, Jean, CSR, 2,326.80; Kelly 
Services Inc, 2,660.53; Kennedy, Rokahr, Pier, 41.00; Keystone City Hall, 2,187.50; Kieffer 
Sanitation, 478.11; Kimball Midwest, 574.72; King Environmental Prod., 1,460.25; Kirk, 
Jonathan, 687.70; Kistler, Harvey, 63.00; Kjerstad, James, 407.00; Knecht Home Center Inc, 
441.46; Knollwood Development LP, 217.00; Knology, 554.45; Knology, 357.92; Kone Inc, 
45,117.54; Kooistra, Nelva, 66.00; Kreun Kustom Upholstery, 80.00; Kuhl, Mike, 375.20; L-3 
Communications, 54,065.00; Labcorp of Am, 22.10; Ladeaux, Sheila, 20.00; Lake Cty Clerk Of 
Courts, 4.00; Lakota Community Homes In, 273.00; Laminex Inc, 627.21; Lammers, Michael, 
20.00; Language Line Services, 50.05; Law Enforcement Resource, 36.00; Lawson Products Inc, 
559.69; Lazy U Motel, 133.00; Lewis & Clark Mental, 284.00; Lighting Maintenance Co, 5.85; 
Lincoln County Auditor, 300.74; Linweld, 169.29; Little Print Shop Inc The, 511.19; Little, 
Tania, 20.00; Looyenga, Robert W, Dr, 1,250.00; Lopez, Amanda, 181.07; Lowe's, 38.43; 
Lowery, Todd, 88.00; Lycox Enterprises, Inc, 17,025.00; Maher, William, 195.00; Maney, Pat, 
28.00; Maney, Sharon, 28.00; Mangold, George, 41.60; Manlove Psychiatric Group, 10,038.46; 
Mareska, Richard, 63.00; Marohn, Frank, 35.00; Marshall And Swift, 209.76; Marske Law 
Office, 140.12; Marx, William, 63.00; Masters Awards, 65.50; Matthew Bender & Co Inc, 
1,621.60; Mattson-Casteel, Cathy, 4,509.88; Matush, Waldtraut, 240.00; Maxon, Theresa, 
700.00; May, Johnson, Doyle, 494.19; Mayer, Donna, 150.00; McGas Propane LLC, 365.25; 
McGowan, Wendy T, 1,603.82; McKie Buick Pontiac Gmc, 44.00; McKie Ford Inc, 71,816.05; 
Meade County, 223.80; Meadow Ridge Apartments, 125.00; Med-Star Paramedic, 524.59; 
Medical Waste Transport,, 432.64; Medical Waste Transportation, 85.00; Medicap Pharmacy - 
St Pat, 1,391.60; Medline Industries Inc, 430.71; Medtox Laboratories, Inc, 169.63; Melvin, 
Kelli, 32.80; Menards, 392.51; Merchen, Jane M, 190.00; MG Oil Company, 31,403.25; 
Midcontinent Communications, 55.00; Midland Volunteer Fire, 2,763.50; Midwest 
Cooperatives, 12,596.38; Miller, Valerie, 60.00; Minnesota Place Limited P, 240.00; Mitchell 
Clinic LTD, 70.00; Monroe, Brandy, 68.00; Montana Dakota Utilities, 149.00; Montana Dakota 
Utilities, 6,014.21; Moore Medical Corp, 1567.87; Moran, Patty, 1,120.00; Moss, William A, 
Psyd,LLC, 2,210.00; Motive Parts & Supply Inc, 281.78; Motorola Inc - Chicago, 50,151.36; 
Moyle Petroleum, 5,939.93; Mt Plains Health, 28.00; Murphy, John R, 996.37; Mutchler, Tricia, 
50.20; Nat'l American University, 506.22; National 4-H Council-Supp, 209.06; Nelsons Oil & 
Gas Inc, 1,480.30; Neve's Uniforms Inc, 3,026.80; New Deal Tire, Inc, 5,093.90; New World 
Systems, 132,895.95; Newkirk's Ace Hrdwre-East, 599.36; Newkirk's Ace Hrdwre-West, 
198.03; Niemann, Ross, 60.00; Nooney Solay & Van Norman, 1,565.40; Nordell, Ron, 127.16; 
North Carolina University, 84.00; Northern Truck Equipment, 469.00; Northwest Pipe Fitting In, 
257.44; O'Connor Company, 621.00; O'Crotty, Matt, 190.00; O'Day, Valarie, 178.60; O'Reilly 
Auto Parts, 59.73; O.D. Taragin & Bros., LLC, 619.20; Olson, Aaron, 143.00; Orbitcom, Inc., 
37.93; Orr, Travis, 20.00; Overhead Door Co of RC, 3,177.70; Pacific Rim Automation, 
2,017.71; Pacific Steel & Recycling, 2,449.82; Paradis Properties LLC, 1,080.00; Parks, Ashlie, 
80.00; Parkway Spotless Car Wash, 21.25; Patterson, Jamy, 400.83; Paulin, John, 15.00; Pearce 
& Reeder, 510.00; Penn Co Extension, 40.12; Penn Co Health & Human Sv, 32.71; Penn Co 
Highway, 143.00; Penn Co JSC, 109.23; Penn Co Juv Diversion, 43.23; Penn Co Sheriff, 
2,115.25; Penn Co States Atty, 173.93; Penn Co Treasurer, 9.99; Pennington County Courant, 
2,067.95; Pheasant Country Express, 6,281.45; Phelps, Terri, 190.00; Phoenix Textile Corp, 
157.89; Physicians Desk Reference, 101.80; Piedra, Arlene, 20.00; Pinnacle Technolgies, Inc, 
871.29; Pioneer Bank & Trust, 6,922.46; Pioneer Enterprises Inc, 5,718.01; Pleasant Hill Village 
Apt, 25.00; Ponderosa Sportswear, 415.65; Powder River Office, 646.53; Power House Honda, 
145.68; Presco Sales & Services, 6750.10; Pro Print, Inc, 246.74; PSI Health Care Inc - Mn, 
15.00; Puckett, Dawn, 63.00; Quality Transmissions Inc, 329.75; Quantum Labs Inc, 1,346.95; 
Quill Corporation, 265.65; Qwest, 2,554.02; Qwest-Seattle, 33.00; Radiology Associates, 
496.26; Radisson Hotel, 280.00; Rainbow Gas Company, 17,473.96; Rangel, Elisa, 600.00; 
Rapid Chevrolet Co Inc, 1,660.76; Rapid Collision, 5,681.90; Rapid Creek Partners, 240.00; 
Rapid Leasing, 367.60; Rapid Rooter, 85.00; Rapid Tire & Alignment, 328.00; Rapidcare, 
193.00; RC Area School Dist 51-4, 2,567.79; RC Emergency Services, 1,488.40; RC Journal, 
180.00; RC Journal, 6,514.35; RC Laundry & Dry Cleaners, 37.20; RC Medical Center, 2171.29; 
RC Medical Center, 500.00; RC Physical Therapy, 8.59; RC Police Department, 298.38; RC 
Police Dept-Evidence, 1,914.34; RC Regional Hospital, Inc, 32,149.33; RC Regional Hospital, 
Inc, 73.00; RC Regional Hospital, Inc, 1,040.90; RC Winair, 168.71; RC Winnelson, 87.53; 
RCC Western Stores, 95.00; RDO Equipment Co, 89.95; RDO Equipment Co, 4,554.28; Record 
Storage Solutions, 1,431.08; Redwood Biotech, Inc, 2,825.98; Redwood Toxicology, 354.00; 
Rehfuss, Cathryn, 45.00; Reliable Office Products, 91.45; Rensch Law Office, 1,219.52; Repair 
Shop The, 161.16; Reuer, Allen, 1,575.00; Rhead, Brandy, 1,517.00; Rieck, Richard R, 63.00; 
Rittberger, Shannon, 63.00; Roberts, Carrie, 26.00; Robinson Textiles, 3,348.86; Rochester 
Armored Car, 358.40; Rockerville VFD, 4,387.51; Roger Frye's Paint Supply, 407.67; Romey, 
Karen, 26.00; Royal Wheel Alignment, 471.42; Rudolph's, 868.80; Rumbaugh, Michael, 20.00; 
Runnings Supply Inc, 7.96; Rushmore Communications, 403.83; Rushmore Safety Supplies, 
80.85; Safety Kleen Systems Inc, 458.27; Sandberg, Ann G, 760.00; Sanford Laboratories, 
218.04; Schmidt, Ethan, 200.80; Schneller, John Dr, 1,365.00; Schock, Mark, 23.00; Schuft, 
Scott, 1,324.70; Schuttler, Richard, 63.00; Scott, Kelly, 20.00; Scott, Peggy, 20.00; Scovel 
Psychological, 1,020.00; Scull Construction, 379,202.83; SD Assoc Weed Pest Supvr, 50.00; SD 
Continuing Legal, 150.00; SD Dept of Revenue, 150.00; SD Dept of Transp-Finance, 13,641.84; 
SD Div of Motor Vehicles, 130.00; SD Federal Prop Agency, 128.00; SD Human Services 
Center, 500.00; SD Risk Pool, 1,616.67; SD Secretary of State, 10.00; SD Shrm, 200.00; 
SDPAA, 3,540.00; SSACO, 150.00; Secretary of State, 10.00; Seney, William, 40.80; Servall 
Uniform/Linen Co, 3,629.30; Sheehan Mack Sales, 114.75; Sherwin Williams Paints, 201.26; 
SHI Interntational Corp, 2,691.28; Shoener Machine & Tool, 282.91; Shopko Optical Center, 
443.87; Siers, Julian, 20.00; Sign & Trophy/Westex, 15.00; SimplexGrinnell, 306.00; SKC 
Communication Product, 3,909.54; Skyline Engineering, LLC, 2,841.80; Smoot & Utzman, 
161.50; Snap-On-Tools, 2,995.00; Software House Intern'l, 3,475.08; Solar Sound, 82.59; 
Southern Hills Publishing, 2,007.30; Span Publishing Inc, 429.30; Spangler-Blair, Mary, 380.00; 
Stan Houston Equipment, 726.45; State Industrial Products, 533.80; State Radio 
Communication, 4,224.00; Steak Etc Rapid City, 163.04; Stec's Advertising, 469.45; Stephens, 
Matthew, 3,470.00; Sterling Computers, Inc, 3,416.00; Stonefield, Michael, 1,037.00; 
Surveillance-Video, 2,694.24; Swanson Services Corp, 1,009.16; Sysco Food Services, 520.57; 
T&T Welding & Repair Inc, 1,540.00; Tabb Textile Co, Inc, 728.76; Teal, Nance, 94.40; 
Technology Center, 556.00; Tessco, 721.15; Tessier's Inc, 5,217.10; The Software Group, Inc, 
2,310.00; Thiewes, Bruce, 76.00; Think! Toner And Ink, 27.00; Thompson, Michael, 936.00; 
Thurman, Creighton, 816.42; Time Equip Rental & Sales, 77.00; Tire Muffler Alignment, 
202.74; Town House Motel, 557.40; Twilight First Aid &, 67.50; TWL Billing Service &, 
3,190.28; Uhrich, Paul, 40.80; Uniforms Manufacturing In, 641.44; US Postal Service, 4,065.84; 
Vanway Trophy & Awards, 5.00; Verchio, Tony, 128.00; Verizon Wireless, 395.99; Verizon 
Wireless, 41.54; Vermeer High Plains, 32.00; Vliem, Emmet, 320.00; Voet, John, 190.00; Walk 
The Talk Company, 84.23; Walker Napa Auto Parts, 1,757.31; Walker Refuse, 94.57; Wall 
Building Center, 344.81; Wall Community Library, 3,623.75; Walworth Co Sheriff, 154.80; 
Washington County Sheriff, 165.00; Watertree, Inc, 661.50; Weichmann, Cynthia, 1,518.40; 
Wendell Law Office, PC, 278.80; Wendell, Gordon, 63.00; Wessel, Al Jr, MD, 4,490.00; West 
Payment Center, 2,183.74; West River Electric, 254.02; West River Intrntnl Inc, 2,464.64; 
Westby, Curt, 63.00; Western Communication Inc, 6,021.30; Western Dakota Tech Inst, 930.50; 
Western Mailers, 27.81; Western States Fire, 1,920.00; Western Stationers Inc, 1,044.70; 
Western Trial Advocacy, 975.00; Weston Cty Sheriff's Off, 15.00; Whisler Bearing Co, 
1,005.32; Whiting, Marcia, 2,918.35; Whittaker, Robert M, 270.00; Willy's Mowers & 
Chainsaw, 13.50; Winner Police Dept, 203.60; Winter, Paul R, 3,343.30; WKC Enterprises, 
185.20; Wolf, Ione, 842.00; Wood Stock Supply, 39.04; Woods, Murl, 688.80; Work 
Warehouse, 39.98; Working Against Violence, 6,400.00; Yankton Co Sheriff Office, 152.00; 
Yankton County Treasurer, 415.00; Young, Brenda, 144.71; Ziggy's, 84.02; Zoller, Amy, 
4,746.60.

ADJOURN

MOVED by Trautman and seconded by Schmidt to adjourn the meeting at 1:14 p.m.

Julie A. Pearson, Auditor

Publish:  May 6, 2009
April 21, 2009


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