PENNINGTON COUNTY BOARD OF COMMISSIONERS MINUTES May 19, 2009 A meeting of the Pennington County Board of Commissioners was held on Tuesday, May 19, 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, and Jim Kjerstad. Absent: Ethan Schmidt. REVIEW AND APPROVE AGENDA MOVED by Trautman and seconded by Kjerstad to approve the agenda with the following additions and changes: add Contracts to Executive Session. Vote: Unanimous. REVIEW MINUTES MOVED by Holbrook and seconded by Trautman to approve the minutes of the May 5, 2009 Board of Commissioners' meeting. Vote: Unanimous. ITEMS FROM THE AUDITOR A. HEARING SUPPLEMENT SP09-007: MOVED by Trautman and seconded by Holbrook to schedule a hearing to supplement the General Fund Juvenile Diversion/Teen Court budget in the amount of $8,410 from cash reserves on Tuesday, June 2, 2009 at 9:15 am. Vote: Unanimous. B. NEW RETAIL (ON-OFF SALE) WINE LICENSE & NEW RETAIL (ON-OFF SALE) MALT BEVERAGE LICENSE: MOVED by Holbrook and seconded by Trautman to approve a new Retail (on-off sale) Wine License and New Retail (on-off sale) Malt Beverage License for the Hana II, JisSeung Yu and GabDeuk Kwak, owner. Vote: Unanimous. C. MALT BEVERAGE LICENSE TRANSFER: MOVED by Holbrook and seconded by Kjerstad to approve the transfer of the Package (off sale) Malt Beverage & SD Farm Wine license from Country Manor Bed & Breakfast, 12670 Robin Roost Rd, Hill City, Mindy McCaskell, owner, to Stone Faces, 12670 Robin Roost Rd, Hill City, Valiant Vineyards, Inc., owner. Vote: Unanimous. D. ORDER FOR ORGANIZATION AND INCORPORATION – LOVELAND CANYON ROAD DISTRICT: MOVED by Holbrook and seconded by Trautman to acknowledge the Order of Organization and Incorporation for the Loveland Canyon Road District effective for tax year 2009 and after. Vote: Unanimous. ORDER FOR ORGANIZATION AND INCORPORATION OF THE LOVELAND CANYON 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 Loveland Canyon Road District. AND WHEREAS, said petitions indicate the desire of all qualified voters and landowners within the proposed boundaries to organize the Loveland Canyon Road District. NOW, THEREFORE, BE IT ORDERED, that the Pennington County Commission acknowledge and declare the Loveland Canyon 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 Loveland Canyon Road District be described as follows: Lots 1-12 inclusive and Lot 13R of Loveland Canyon Estates; and Lot A, Lot B, Lot CR & Lot D of Lot 1, and Lots 2-4 inclusive of Merchen Addition #2, BHM, Pennington County, SD. Dated this 19th day of May, 2009. PENNINGTON COUNTY COMMISSION /s/ Brenda Young, Chairperson ATTEST: /s/ Lori Severson, Deputy Auditor ITEMS FROM SHERIFF A. SURPLUS VEHICLES/AUCTION: MOVED by Holbrook and seconded by Trautman to approve the following items: 1) to move from the surplus list to the Sheriff’s Office: asset #005555-2005 Chevy Tahoe, VIN 1GNEK13V15R237782; 2) to move from the surplus list to Buildings & Grounds: asset #005554-2005 Chevy Tahoe, VIN 1GNEK13V05R233738; 3) to declare the following items as surplus for the purpose of auction and funds received transferred to the vehicle replacement budget: a. 2003 Crown Victoria, VIN 2FAH71W83X179961, asset #005405, b. 1999 Amtran Bus, VIN 1HVBHAAN1XA086225, asset #004663; and, 4) to authorize the following surplus vehicles (12-2-08) to be sold at auction and funds received transferred to the vehicle replacement budget: a. 2005 Chevy Tahoe, VIN 1GNEK13V15R234574, asset #005548, b. 2003 Chevy Tahoe, VIN 1GNEK13V33J244583, asset #005418, c. 2003 Chevy Tahoe, VIN 1GNEK13V43J244186, asset #005419. Vote: Unanimous. ITEMS FROM EQUALIZATION A. ABATEMENTS: MOVED by Holbrook and seconded by Trautman to approve the following abatements/refunds pursuant to the recommendation of the Director of Equalization: 2008, Parcel ID 22041 – Sargeant, Stephen P, $1,769.02; 2009. Vote: Unanimous. MOVED by Holbrook and seconded by Kjerstad to approve the following abatements/refunds pursuant to the recommendation of the Director of Equalization, Parcel ID 53001488, Schaefbauer, Leo or Linda, $235.22. Vote: Unanimous. ITEMS FROM FIRE ADMINISTRATOR A. DECLARE PROPERTY SURPLUS: MOVED by Kjerstad and seconded by Trautman to declare the following equipment surplus and transfer ownership to the Black Hills amateur Radio Club, Inc., Rapid City, SD: asset #1890 Repeater Skyline Dr.-System Rapid; asset #1895 Repeater Seth Bullock-System West; asset #1896 Repeater KELO-System East; asset #1907 Repeater Seth Bullock, Zone West; asset #1908 Repeater-KELO, Zone East; and asset #3815 Repeater/Duplexer, Zone Rapid. Vote: Unanimous. ITEMS FROM HIGHWAY A. EAGLE ROAD: MOVED by Holbrook and seconded by Trautman to deny the request of the property owners for Pennington County to repair and/or maintain this private road. Vote: Unanimous. ITEMS FROM CENTRAL STATES FAIR A. TEST WELLS: MOVED by Trautman and seconded by Holbrook to authorize the chairperson’s signature to the agreement with MG Oil to drill test monitoring wells at the bulk plant on Centre Street to monitor for an oil leak and water flows at no cost to the County. Vote: Unanimous. LIEN RELEASE REQUEST (DD): MOVED by Trautman and seconded by Holbrook to deny the lien release request of $568.25 by DD (Names withheld per SDCL 28-13-42) so the applicant can work with CCB on a settlement offer. If an arrangement cannot be made, the applicant should appear before the Board of Commissioners again with written documentation from CCB. Vote: Unanimous. LIEN RELEASE REQUEST (BDG): MOVED by Trautman and seconded by Holbrook to deny the lien release request of $80.00 by BDG (RG&CG, Primary) Names withheld per SDCL 28-13-42. Vote: Unanimous. LIEN RELEASE REQUEST (DD): MOVED by Holbrook and seconded by Trautman to deny the lien release request of $4,086.65 by LET (Names withheld per SDCL 28-13-42). Vote: Unanimous. RESOLUTION OF ANNEXATION – BOX ELDER MOVED by Kjerstad and seconded by Trautman to approve the annexation plan of Box Elder Annexation 09-08. Vote: Unanimous. MISCELLANEOUS A. APPROVE VOUCHERS: MOVED by Kjerstad and seconded by Holbrook to approve the vouchers listed at the end of the minutes for expenditures for insurance, professional services, publications, rentals, supplies, repairs, maintenance, travel, conference fees, utilities, furniture and equipment, and authorize the chair’s signature thereto. Vote: Unanimous. Meeting recessed at 10:40 a.m. Meeting resumed at 10:55 a.m. BOARD OF ADJUSTMENT MOVED by Kjerstad and seconded by Holbrook to convene as a Board of Adjustment. Vote: Unanimous. A. VARIANCE /VA 09-10: Rita Johnson. To reduce the minimum required side yard setback from 25 feet to 9 feet in a Low Density Residential District to bring an existing shop building into compliance in accordance with Sections 207 and 509 of the Pennington County Zoning Ordinance. Lot C, Woodland Valley Subdivision, Section 15, T2N, R6E, BHM, Pennington County, South Dakota. MOVED by Kjerstad and seconded by Trautman to approve VA 09-10 to reduce the side yard setback from 25 feet to 9 feet. Vote: Unanimous. MOVED by Trautman and seconded by Kjerstad to adjourn as a Board of Adjustment and reconvene as the Board of Commissioners. Vote: Unanimous. ITEMS FROM PLANNING AND ZONING: B. SECOND READING 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. MOVED by Holbrook and seconded by Trautman to approve the second reading of PU 09-01. Vote: Unanimous. ORDINANCE NO. PUD 09-01 AN ORDINANCE AMENDING SECTION 508 OF THE PENNINGTON COUNTY ZONING ORDINANCE, REZONING THE WITHIN DESCRIBED PROPERTY: BE IT HEREBY ORDAINED BY THE PENNINGTON COUNTY COMMISSION THAT THE PENNINGTON COUNTY ZONING ORDINANCE BE AND HEREBY IS AMENDED BY AMENDING THE ZONING OF THE FOLLOWING DESCRIBED PROPERTY: 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. The Planned Unit Development Amendment uses are hereby approved in accordance with the following three (3) conditions: 1. That the minimum rear yard setback be reduced 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 to be constructed and to bring the existing cabin into compliance; 2. That the property only be utilized for those uses specified in the original PUD and not used as a Vacation Home Rental as defined in the Pennington County Zoning Ordinance; and, 3. That all other existing conditions of the original PUD for Wheel Inn are still valid and applicable to the subject property with the exception of Condition #3 regarding setbacks. Dated this 19th day of May, 2009. PENNINGTON COUNTY COMMISSION /s/ Brenda Young, Chairperson ATTEST: /s/ Lori Severson, Deputy Auditor C. SECOND READING 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. MOVED by Trautman and seconded by Holbrook to approve the second reading of PU 09-03 with 18 conditions. Vote: Unanimous. ORDINANCE NO. PUD 09-03 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 B of Lot 1 of Lot C of Lot 8 of Lot E; Lot 2 of Lot C of Lot 8 of Lot E; and the unplatted portion of Lot C of Lot 8 of Lot E, Big Bend Placer MS 1442, Section 8, T1N, R6E, BHM, Pennington County, South Dakota. The Planned Unit Development Amendment uses are hereby approved in accordance with the following eighteen (18) conditions: 1. That the uses allowed with this Planned Unit Development be an eight (8) site RV Park, an five (5) site tent camping area, six (6) attached cabins for rental purposes with restroom facilities, a duplex with a residence and rental unit, and one (1) detached rental cabin, and any associated improvements; 2. That eight (8) foot setbacks be allowed along all interior (shared) lot lines of the four (4) subject properties and twenty-five (25) foot setbacks be maintained along all exterior lot lines, which abut properties under different ownership; 3. That each campsite (RV or tent) must include one (1) parking space for a vehicle (in addition to the recreation vehicle, where applicable) and the parking space must be constructed so no portion of the vehicle extends onto any interior roadway; 4. That the interior one way road shall be a minimum of 15 feet in width and surfaced with gravel (minimum of 4 inches), concrete or asphalt and maintained in a dust free manner. All other interior roads shall be a minimum of 24 feet in width and surfaced with gravel (minimum of 4 inches), concrete or asphalt and maintained in a dust free manner; 5. That a Floodplain Development Permit shall be submitted for review and approval prior to any work or placement of any structure within the boundaries of the 100-year floodplain; 6. That natural drainage paths be maintained and/or any alterations to the natural drainage paths be adequately compensated for in accordance with the County Drainage Engineer’s comments; 7. That natural drainage be diverted around the absorption area for the new on-site wastewater system so as to prevent run-off into Palmer Creek; 8. That the applicant install some type of barrier (i.e. fence, boulders) around the on-site wastewater system to prevent any parking and/or camping over top of the on-site wastewater system and that proper setbacks to the on-site wastewater system be maintained; 9. That any new On-site Wastewater systems be installed in accordance with all Department of Environment and Natural Resources regulations, including a minimum 100 foot setback for the absorption area from the high water line of the Palmer Creek; 10. That the existing septic tank and drainfield be properly abandoned in accordance with State Administrative Rule 74:53:01:11 and the applicants notify the Planning Office of such; 11. That a minimum 10 foot separation be maintained at all times between each RV site; 12. That the internal road network not exceed a maximum of an eight (8) percent grade; 13. That each RV and tent site has a lot number clearly posted; 14. That the RV Park conforms to all regulations in Section 306 of the Pennington County Zoning Ordinance; 15. That the applicants conform to all applicable State and County regulations, including those established by the South Dakota Departments of Environmental and Natural Resources and Health; 16. That all other conditions of approval of the original PUD are still valid and applicable to the subject property with the exception of Condition #3 regarding the allowed uses and Condition #10 pertaining to setbacks; 17. That this Planned Unit Development Amendment is not valid until the applicant signs the Statement of Understanding, which is available at the Planning Office; and, 18. That this Conditional Use Permit be reviewed in one (1) year or upon a complaint basis. Dated this 19th day of May, 2009. PENNINGTON COUNTY COMMISSION /s/ Brenda Young, Chairperson ATTEST: /s/ Lori Severson, Deputy Auditor D. PRELIMINARY 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 Trautman to accept Planning Commission recommendation to approve PL 09-07 and SV 09-03 to waive as-built plans in lieu of engineered road construction plans for the interior roads and to allow grades of 15% for lengths of less than 500 feet, to waive improvements to Medicine Mountain Road, percolation tests and soil profile information with the understanding that the percolation tests and soil profile information be submitted for each lot at the time of Final Plat submittal, to waive the requirement of a central water system with the requirement that each home have a sprinkler system; to allow the scale of the map to be 1 inch = 200 feet in lieu of the required 1 inch = 100 feet, to waive street lights and sidewalks and to allow 20-foot-wide roads in lieu of the required 24-foot-wide roads, and approval of Preliminary Plat 09-07 with the following eighteen (18) conditions: 1. That prior to County Board approval of the Final Plat, the internal roads must be improved to a minimum of Local Road Standards with a minimum right-of-way of 50 feet with a minimum driving surface of 20 feet or obtain approval of a Subdivision Regulations Variance waiving this requirement; 2. That prior to County Board approval of the Final Plat, a note must be located on the plat stating: “Prior to obtaining a Building Permit for a residence on any of the lots, two suitable on-site wastewater system areas must be identified with accompanying percolation tests and soil profiles. Soil profiles must show that proper soil separation can be obtained as outlined in State Administrative Rule 74:53:01:15. Percolation tests must meet acceptable rates as shown in State Administrative Rule 74:53:01:32. If the percolation and soil profile information do not meet these requirements, an alternative system approved by the Department of Environment and Natural Resources could be used. As a last, resort Pennington County may approve the use of holding tanks;” 3. That prior to County Board approval of the Final Plat, the applicant must obtain a Special Use Permit from the U.S. Forest Service for the maintenance and snow removal of Medicine Mountain Road; 4. That the applicant works with Pennington County Weed to develop a Noxious Weed Management Plan for the Canada Thistle located on the property; 5. That engineered as-built plans be submitted prior to County Board approval of the Final Plat; 6. That all septic systems be designed and certified by an engineer and be accompanied by engineered soil profile information and percolation tests; 7. That prior to filing the Final Plat with Register of Deeds, the developer files a Maintenance Agreement in a form satisfactory to the State’s Attorney to ensure the satisfactory condition of the required improvements for a period of five (5) years after the date-of-acceptance by the Board; 8. That a Homeowner’s Association be formed to maintain the common areas within the development; 9. That an eight (8) foot utility and drainage easement be located along all property lines; 10. That prior to County Board approval of the Final Plat, the Section Line right-of-ways be improved to Ordinance 14 Standards or obtain approval of a Subdivision Regulations Variance waiving this requirement; 11. That prior to County Board approval of the Final Plat, the road names be approved by Emergency Services Communication Center; 12. That prior to County Board approval of the Preliminary Plat, two means of ingress/egress be provided or obtain approval of a Subdivision Regulations Variance waiving this requirement; 13. That prior to County Board approval of the Final Plat, the applicant must obtain a Special Use Permit from the U.S. Forest Service for Elk Run Road; 14. That at the time of Final Plat submittal, the applicant submits percolation tests and soil profile information, for no less than ten sites, as determined by the Environmental Planner; 15. That prior to County Board approval of the Preliminary Plat, the applicant must submit information in regards to water supply, storage capacity, fire hydrant location and gallons per minute and any wells within the development or obtain approval of a Subdivision Regulations Variance; 16. That at the time of Preliminary Plat submittal, the applicant must submit topography at a five (5) foot contour intervals or obtain approval of a Subdivision Regulations Variance waiving this requirement; 17. That prior to the issuance of the first Building Permit, the applicant must form a Road District or Homeowner’s Association for the maintenance and upkeep of the 50 foot right-of-way, and, 18. That two areas be allowed to have grades up to 15 percent. Vote: Unanimous. E. PRELIMINARY PLAT / PL 09-08: David Wittnebel; Fisk Land Surveying – Agent. To create Lots 2A and 2B of Lot 2 of Eagles Cliff Subdivision in accordance with Section 400.2 of the Pennington County Subdivision Regulations. EXISTING LEGAL: Lot 2, Eagles Cliff Subdivision, Section 31, T2N, R6E, BHM, Pennington County, South Dakota. PROPOSED LEGAL: Lots 2A and 2B of Lot 2 of Eagles Cliff Subdivision, Section 31, T2N, R6E, BHM, Pennington County, South Dakota. MOVED by Holbrook and seconded by Trautman to accept Planning Commission recommendation to approve Preliminary Plat 09-08 with the following six (6) conditions: 1. That the phrase “of Lot 2” in the plat heading be removed so that the proposed legal description be “Lots 2A and 2B of Eagles Cliff Subdivision…;” 2. That the existing septic system on proposed Lot 2A meet all required setbacks from the proposed lot line reconfiguration and that any new on-site wastewater system on proposed Lot 2B meet the minimum required setback from the existing well on proposed Lot 2A; 3. That an approved On-site Wastewater Construction Permit be obtained from the Pennington County Planning Department prior to installation of any on-site wastewater system on proposed Lot 2B or replacement or alteration of the existing septic system on proposed Lot 2A; 4. That the “second approach” on proposed Lot 2A be blocked with some type of barrier so as to prevent vehicular traffic prior to submittal of the Final Plat; 5. That the applicant revise the Approach Permit for the main approach to the subject property to be used by both of the proposed lots and a copy of approval of the revised Approach Permit be provided to the Planning Office prior to submittal of the Final Plat; and, 6. That all addresses be posted in accordance with Ordinance #20. Vote: Unanimous. F. ROAD NAMES - CUSTER TRAILS SUBDIVISION. Chad Meissner and Gary Briggs. Carbon Loop, Carbon Lane, and Bullock View Lane. MOVED by Trautman and seconded by Holbrook to accept Planning Commission recommendation to approve the road names of Carbon Loop, Carbon Lane, and Bullock View Lane. Vote: Unanimous. A RESOLUTION APPROVING THE ROAD NAMES: CARBON LOOP, CARBON LANE, BULLOCK VIEW LANE WHEREAS, the Board of County Commissioners of Pennington County, South Dakota, seeks to assign the names of public right-of-ways located in Custer Trails Subdivision to Carbon Loop, Carbon Lane, and Bullock View Lane. Said right-of-ways are located approximately one-tenth (.1) of a mile southeast of the intersection of Taylor Ranch Road and Highway 385 and within the platted area of Custer Trails Subdivision in Section 22, T1N, R5E, BHM, Pennington County, South Dakota. WHEREAS, the above-described right-of-ways potentially provide access to 27 privately-owned properties, all located in Section 22, T1N, R5E, BHM, Pennington County, South Dakota; WHEREAS, these right-of-ways were not originally assigned names on the plat document of Custer Trails Subdivision; WHEREAS, there are no more available addresses off of Taylor Ranch Road and the number of properties being provided access via the above-described right-of-ways has surpassed a threshold which initiates the necessity for the roads within Custer Trails Subdivision to be named; WHEREAS, the proposed road names will facilitate future addressing of the lots within Custer Trails Subdivision and existing lot addresses will be changed accordingly; WHEREAS, the proposed road names are not currently in use by any other roads in Pennington County and the Emergency Services Communication Center has verified the names: Carbon Loop, Carbon Lane, and Bullock View Lane are acceptable to use; and, NOW, THEREFORE, BE IT RESOLVED by the County of Pennington that the above-described public right-of-ways are henceforth named CARBON LOOP, CARBON LANE, and BULLOCK VIEW LANE. Dated this 19th day of May, 2009. PENNINGTON COUNTY COMMISSION /s/ Brenda Young, Chairperson ATTEST: /s/ Lori Severson, Deputy Auditor G. LAYOUT PLAT / PL 09-09: William and Nancy Ewing; Davis Engineering – Agent. To create Lots A and B of Lot 5 of Lot C of J.S. Johnson Subdivision in accordance with Section 400.1 of the Pennington County Subdivision Regulations. EXISTING LEGAL: Lot B of Lot 3 (NE1/4NW1/4) and Lot 5 of Lot C (Gov’t Lot 2 NW1/4NE1/4) of J.S. Johnson Subdivision, Section 6, T1N, R6E, BHM, Pennington County, South Dakota. PROPOSED LEGAL: Lot A of Lot 5 of Lot C and Lot B of Lot 5 of Lot C of J.S. Johnson Subdivision, Section 6, T1N, R6E, BHM, Pennington County, South Dakota. MOVED by Trautman and seconded by Holbrook to accept Planning Commission recommendation to deny Layout Plat 09-09 without prejudice. Vote: Unanimous. H. PLANNED UNIT DEVELOPMENT REVIEW / PU 02-03: James Buchanan. To review a Planned Unit Development to allow 29 residential lots and a day-use retreat center in accordance with Section 213 of the Pennington County Zoning Ordinance. S1/2S1/2NE1/4, E1/2SE1/4, E1/2NW1/4SE1/4, Section 8 and the S1/2SW1/4NW1/4, SE1/4NW1/4, and the balance of NE1/4SW1/4, W1/2SW1/4 and Lot A of the NE1/4 SW1/4, Section 9, T1S, R6E, BHM, Pennington County, South Dakota. MOVED by Trautman and seconded by Holbrook to continue this item to the June 2, 2009, Board of Commissioners’ meeting. Vote: Unanimous. I. STORM WATER MANAGEMENT PLAN: Pennington County. MOVED by Trautman and seconded by Kjerstad to approve the Pennington County Storm Water Management Plan. Vote: Unanimous. J. FIRST READING AND PUBLIC HEARING OF ORDINANCE AMENDMENT / OA 09-02 - Pennington County On-Site Wastewater Systems. MOVED by Trautman and seconded by Kjerstad that the following members are appointed to the Ordinance Amendment Review Committee in order to make recommendations: two County Board members (Brenda Young, Jim Kjerstad), two Planning Commission members (Charlie Johnson, Kevin Kuehn), the Planning Director (Dan Jennissen), and six citizens (Karen Hall, Ron Gordon, Eugene Solseth, Charles Hand, Rod Renner and Robert Hays). Vote: Unanimous. EXECUTIVE SESSION PER SDCL 1-25-2(1) PERSONNEL; CONTRACTUAL MOVED by Trautman and seconded by Holbrook to convene in Executive Session. Vote: Unanimous. The Board remained in Executive Session from 12:09 a.m. until 1:15 p.m. MOVED by Trautman and seconded by Kjerstad to approve a lump sum rebate from the Rapid City Public Library agreement with Pennington County. Vote: Unanimous. MOVED by Trautman and seconded by Kjerstad to adjourn from Executive Session. Vote: Unanimous. PERSONNEL State’s Attorney: Effective May 21, 2009-Megan Azevedo, $3165.00. Effective June 1, 2009- Heather Willson, $2539.00; Weed & Pest: Effective May 11, 2009-Dennis Saxer, $13.30 per hour, Dillon Pearson, $12.35 per hour, Jim Thovson, $12.35 per hour, Lorna Ader, $12.35 per hour, Bill Bushong, $12.05 per hour, Don Hensley, $12.05 per hour, Chad Sayles, $12.05 per hour; Emergency Management: Effective May 4, 2009-Alexa White, $3,574 per month; ESCC: Effective April 27, 2009-Leandria Hollinshead, $4,789 per month; Sheriff’s Office: Effective April 27, 2009-Laura Millett, $4,038 per month, Mary Starr, $4,038 per month, Effective April 30, 2009-Jordan Cutler, $15.39 per hour, Effective April 14, 2009-Rex Fackrell, $14.65 per hour, Effective May 11, 2009-Melissa Good, $16.55 per hour, Nichole Farrar, $2,940 per month, Effective May 13, 2009-Laura Lewis, $3,940 per month, Christine Jones, $3,759 per month. VOUCHERS A & A Property Management, 737.00; A & B Business Equipment, 287.64; A & B Welding Supply Co, 675.04; A to Z Shredding Inc, 259.20; A-1 Sewer & Drain, Inc, 430.00; Ace Steel and Recycling, 13.07; Ace Warehouse Inc, 13.00; Acornvac Inc, 1915.67; Adams Machining, 232.94; Advanced Drug Testing Inc, 72.00; American Institutional, 419.45; American Red Cross, 68.25; American Target Company, 250.00; American Time & Signal Co, 93.95; Americinn Motel, 1,840.00; Amerigas, 35.23; Anders, Irene, 48.00; Anspach, Pratt, 42.34; Apria Health Care, Inc, 2,338.10; Arc International, Inc, 415.00; Atkinson, Don, 702.41; Audiss, Francis, 20.00; Audiss, Timothy, 20.00; Avanti Motel, 135.00; Badger Plumbing, 18,143.50; Badlands Automotive, 85.25; Bargain Printing, 875.00; Barnier, Greg, 3,026.50; Basler Printing Co, 219.00; Batteries Plus, 79.96; Battery Shack, 168.70; Baukol, Karen, 1,070.00; Bauman, Mary, 270.00; Beauprey, Jonathan, 20.00; Behavior Management, 27,856.02; Behrens Mortuary, 4,770.00; Best Business Prdcts Inc, 1712.16; Best Western Ramkota Inn, 539.94; BH Chemical Company Inc, 6,323.60; BH Neurology, 613.99; BH Pest Control, Inc, 255.00; BH Power Inc, 36,329.50; BH Powersports, 43.95; BH Regional Eye Institute, 51.08; BH Truck & Trailer Inc, 4,009.10; BH Wilbert Vault, 295.00; Biberdorf, Brenda, 47.48; Biegler, Greg LPC,CCDC II, 240.00; Bierschbach Equipment, 770.00; Big D Oil Co, 74.19; Blake, Patricia, 16.00; Blocker, Alice, 86.86; BLR, 320.08; Boal, Mischelle, 70.56; Bob Barker Company Inc, 3,224.70; Bob's Muffler Service, 135.80; Borders, Inc, 152.32; Brooks, Cassandra, 20.00; Brown County Sheriff, 51.29; Bruckner, Kathy, 61.00; Bryan, Richard Gordon, 270.00; Buck, Earl W, 150.00; Business Equip Finance, 427.19; Butler Machinery, 128.80; Cadotte, Jennifer, 20.00; Callies, Kim, 157.60; Cardiology Associates, PC, 47.04; Cardmember Service, 5,607.50; Carlson, Jean, 868.60; Carol Butzman Consulting, 7,201.35; Carpetmart, 15,744.00; Carquest Auto Parts, 958.43; Cash-Wa Distributing, 436.78; Caster, Patty, 35.00; Castleberry, James, 220.00; Cat's Cleaning, 40.00; CBCINNOVIS, Inc, 101.75; CBM Food Svc, 18,798.27; CDW Government Inc, 360.74; Cellebrite Usa Corp, 899.00; Chaloupka, David, 20.00; Chapman, Tally, 20.00; Charm-Tex, Inc, 1,477.93; Chemguard, 6,140.75; Chemsearch, 1,149.30; Chris Supply Co Inc, 1,623.22; City of Box Elder, 53.78; City of Rapid City, 15,323.33; City of Rapid City -Water, 10,423.63; City of Wall, 2,487.57; Clark, Tana, 93.10; Clerk of The Combined Crt, 20.76; Coca- Cola Bottling Co, 1,135.00; Cody, Denise, 15.00; Colbath, Angela M, 32.80; Colhoff, Linda, 49.40; Color Mystique, 25.00; Community Health Center, 1,534.96; Contractors Supply, 23.00; Copy Country, 601.94; Correctional Billing Svc, 13.24; Corrections Products Comp, 711.56; Costello, Porter Et Al, 1,753.97; Council of Substance, 710.47; Countryside Prop Mgmt Inc, 390.00; County Down Usa LLC, 181.00; Crawford, Anthony E, 3,284.20; Creative Surfaces Inc, 904.42; Crescent Electric Supply, 30.96; Custer County Sheriff, 20.75; Custom Cage, 2,130.00; D & F Truck and Auto, 67.45; D & R Electronics, Co, 2,055.00; Dakota Business Center, 1,954.39; Dakota Plains Legal Srvs, 15,500.00; Dakota Supply Group Inc, 304.26; Dakotaland Autoglass Inc, 876.36; Dale's Tire, 4,598.69; Dash Medical Gloves, Inc, 2,396.00; Davis, Lester, 187.70; Dawson, Robert A, 1,068.22; Dell Marketing LP, 3,559.04; Dennis Supply - RC, 578.16; Derby Industries, 776.00; Diamond Pharmacy Services, 17,726.32; Diamond Vogel Paint Cntr, 57.50; Diesel Machinery Inc, 387.46; Dietrich, Donna, 538.70; Diversified Auto, 23.46; Dlorah, Inc, 675.00; Double DB LLC, 221.00; Ecolab Pest Elimination, 902.90; Eddie's Truck Sales, 2,532.68; Election Systems, 8,873.74; Enviromaster, Inc, 105.00; Ergometrics, 566.90; Evans, John, 8.88; Evergreen Office Products, 45.35; Executive Mgmt Fin Office, 64.64; Exxon Mobil Fleet, 173.43; Fall River Co Treas, 25.86; Family Thrift Center Inc, 94.08; Farmer Brothers Coffee, 257.81; Fastenal Company, 99.81; Federal Express, 36.84; Feehan & Cline, PC, 3,231.40; Fiferman, Leslie, Ph.D., 650.00; First Administrators, 47,188.50; First Interstate Bank, 235.59; Fischer Furniture Inc, 2,337.99; Fleet Svc, 6,768.39; Flooring America, 6,518.00; Forest Ridge Properties, 287.50; Foster Enterprise, 190.00; French, Jean M, 214.50; Frontier Auto Glass, LLC, 550.90; Fsh Communications, 60.00; G & H Distributing - RC, 174.50; G4S Justice Services, Inc, 684.93; Geib, Elston, Frost PA, 5,068.92; George, Bernard, 500.00; Glock Inc, 600.00; Godfrey Brake Service, 1,144.99; Golden West Companies, 1,282.83; Golden West Technologies, 676.22; Gordon, John, 250.00; Governors Inn, 75.00; Grainger, 50.40; Grimm's Pump Service Inc, 260.00; Grode, William R, 1,171.46; Guffey, Scott, 35.00; Gunderson,Palmer,Goodsell, 436.02; Gustave A Larson Company, 787.84; Hainesway Limited Partner, 240.00; Hansen & Hubbard, 155.80; Hardware Hank, 21.14; Harkins, Carolyn, 665.45; Harlon Co Sheriff's Offic, 15.50; Harms Oil Company, 29,458.59; Harveys Lock Shop, 184.26; Heartland Paper Company, 4,783.60; Hebron Brick Supply Co, 186.07; Hein, Cheryl, 595.00; Highway Improvement Inc, 54,270.24; Hills Materials Co, 311.10; Hillyard/Sioux Falls, 4,634.13; Hobart Sales & Srvc Inc, 419.18; Hocking, Scott, 4.80; Hoffman, Fredrick Dustin, 665.00; Holy Eagle, Maria, 20.00; Honeywell, Inc, 1,157.00; Horn, Garrett J, 448.00; HSBC Business Sol, 186.97; Humane Society of the BH, 3,500.00; Ikon Office Solutions, 109.11; Image Mapping Corp, 122.50; Impressions Rubber Stamp, 64.90; Indoff Inc, 5,509.60; Industrial Supply Co Inc, 604.20; Interstate Batteries, 459.70; Interstate Power Sys, Inc, 112.87; Intoximeters Inc, 3,467.90; J Scull Construction, 850.60; J.R.'s Handyman Service, 230.00; Janz, Donald A, 1,650.00; JD Evans Equipment Inc, 75,857.00; Jefferson Partner LP, 1,201.35; Jensen, Dee, 520.00; Jensen, Joyce, 350.00; JJ's Engraving & Sales, 25.00; Johnson Machine Inc, 872.85; Johnson's Carpet, 4,925.00; Kabeiseman & Pollard, 463.00; Kappedal, Jean, CSR, 1,777.00; Kelly Services Inc, 986.37; Kennedy, Pamela, 35.00; Kennedy, Rokahr, Pier, 978.40; Kieffer Family Dental, 1,813.00; Kieffer Sanitation, 1,828.66; Kimball Midwest, 703.88; King, Joel, 240.00; Kistler, Harvey, 155.00; Knecht Home Center Inc, 551.40; Knodell, John F, 192.00; Knology, 3,845.50; Kooistra, Nelva, 60.00; Krebs, Heather, 20.00; KT Connections, 109.00; Lakota Community Homes In, 270.00; Language Line Services, 82.64; Lawrence Count Extension, 45.00; Lawson Products Inc, 585.23; Lewis & Clark Mental, 284.00; Lewis, Paul A, 858.10; Lincoln County Auditor, 137.98; Linn Productions, 780.00; Linweld, 436.17; Little Print Shop Inc The, 161.09; Looyenga, Robert W, Dr, 1,237.50; Manlove Psychiatric Group, 2,100.04; Mareska, Richard, 155.00; Maxon, Theresa, 1,190.00; May, Johnson, Doyle, 570.80; Mayer, Donna, 164.60; McGowan, Wendy T, 2,328.57; McMaster-Carr Supply Co, 49.87; Meade County, 74.00; Medical Waste Transport,, 444.00; Medicap Pharmacy - St Pat, 183.09; Medline Industries Inc, 1,229.16; Menards, 663.82; MG Oil Company, 942.36; Micro Solutions, 89.95; Midcontinent Communications, 55.00; Midwest Marketing LLC, 70.00; Minnesota Estates Ii, 325.70; Montana Dakota Utilities, 5,551.23; Moore Medical Corp, 3,046.48; Moran, Patty, 1,155.00; Morman Law Firm, 491.60; Motive Parts & Supply Inc, 380.34; Motorola Inc - Chicago, 317.00; Moyle Petroleum, 3,817.67; Mt Rushmore Telephone, 42.86; Mueller, Brian, 84.76; NADA Appraisal Guides, 394.00; Nance Co Sheriff's Office, 15.50; Nat'l American University, 337.90; Nat'l Auto Research Div., 48.00; National 4-H Council-Supp, 64.25; National Tactical, 300.00; Neve's Uniforms Inc, 4,280.25; Newkirk's Ace Hrdwre-East, 967.60; Newkirk's Ace Hrdwre-West, 285.58; North Central Supply Inc, 400.00; North Western Engineering, 240.00; Northern Truck Equipment, 198.81; Northwest Pipe Fitting In, 1,028.92; O'Cilka, Jason, 42.38; O'Day, Valarie, 72.20; Occupational Health Netwk, 25.00; Orbitrom, Inc, 43.94; Overhead Door Co of RC, 2,603.93; Pacific Steel & Recycling, 117.00; Paradis Properties LLC, 835.00; Parker Drive Development, 257.00; Parks, Ashlie, 70.00; Parkway Spotless Car Wash, 57.00; Paulsen, Paul, 534.00; Pearce & Reeder, 495.00; Penn Co Health & Human Sv, 66.46; Penn Co Highway, 42.00; Penn Co Jsc, 104.88; Penn Co Planning, 22.31; Penn Co Sheriff, 1,568.80; Penn Co States Atty, 188.05; Pennington County Courant, 2,661.29; Pennington County Housing, 240.00; Pete Lien & Sons Inc, 6,120.68; Pheasantland Industries, 345.27; Phelps, Terri, 410.00; Phoenix Textile Corp, 589.80; Pioneer Bank Visa, 6,063.18; Pioneer Enterprises Inc, 1,275.00; Pips Technology Inc, 45,235.00; Polk Directories, 345.00; Pollard, Jerry, 41.00; Ponderosa Sportswear, 54.00; Powder River Office, 5,925.96; Powell, Michael, 240.00; Presco Sales & Services, 4,052.45; Pruss, Tina, 126.00; PSI Health Care Inc - Mn, 30.00; Psychological Evaluations, 130.00; Public Safety Equipment, 35,345.50; Puckett, Dawn, 35.00; Quill Corporation, 1,401.66; Qwest-Seattle, 7,350.44; Radiology Associates, 770.25; Rainbow Gas Company, 4,298.56; Rangel, Elisa, 300.00; Rapid Chevrolet Co Inc, 354.73; Rapid Collision, 416.10; Rapid Creek Partners, 124.00; Rapid Leasing, 367.60; Rapid Lube, 219.70; Rapid Tire & Alignment, 96.90; Rapidcare, 140.00; RC Area School Dist 51-4, 1673.27; RC Chamber Of Commerce, 110.00; RC Emergency Services, 507.44; RC Fire & Emergency Srvcs, 15.00; RC Journal, 2,944.04; RC Laundry & Dry Cleaners, 18.60; RC Medical Center, 1,492.88; RC Medical Center, 700.00; RC Medical Center, 35.00; RC Physical Therapy, 66.63; RC Police Department, 291.72; RC Police Dept-Evidence, 2,885.59; RC Regional Hospital, Inc, 26,913.01; RC Regional Hospital, Inc, 174.75; RC Regional Hospital, Inc, 1,623.60; Record Storage Solutions, 575.08; Redwood Toxicology, 701.00; Reed, Roxanne, 240.00; Reeves, Donita K, 87.00; Rehfuss, Cathryn, 45.00; Reliable Office Products, 276.44; Repair Shop The, 115.79; Reuer, Allen, 1,610.00; Rhead, Brandy, 918.40; Rhodes Chemical of the BH, 86.23; Ri-Tec Industrial Prodcts, 300.00; Richards, Jasmine, 20.00; Richland Park Mobile, 190.00; Rittberger, Shannon, 155.00; Rochester Armored Car, 358.40; Royal Wheel Alignment, 895.97; Rudolph's, 446.40; Runnings Supply Inc, 37.98; Rushmore Communications, 447.50; Rushmore Dental Products, 365.79; Rushmore Gloves Inc, 203.76; RX Count Corporation, 2,545.00; Ryan, Christie, 20.00; Sandberg, Ann G, 30.00; Sayler, Janet, 169.60; Schmidt Funeral Home, LLC, 1,660.00; Schneller, John Dr, 866.25; Schuft, Scott, 582.15; Schwab Mortuary Inc, 1,660.00; SD Chemical Depend Assoc, 1,000.00; SD Dept of Ag. (Rodent), 166.00; SD Dept of Labor, 10,272.00; SD Dept of Revenue, 5.00; SD Dept of Revenue, 181.00; SD Federal Prop Agency, 9,757.00; SD Human Resource Assn, 25.00; SD Human Services Center, 1,000.00; SDACO, 150.00; SDSU Extension Service, 24.99; Sears, 277.85; Servall Uniform/Linen Co, 3,254.37; Shearer, Greg L, 1,500.00; Sheehan Mack Sales, 4,553.23; Shepherd Reporting LLC, 62.50; Sherwin Williams Paints, 45.19; SHI Interntational Corp, 14,323.47; Shoener Machine & Tool, 23.20; Sign & Trophy/Westex, 7.00; Simplexgrinnell, 340.00; Skinner, Matthew L, PC, 1,190.10; Slowey, Yavonne, 225.00; Snap-On Tools - Biers, 41.00; South Dakota Rose Inn, 405.00; Southern Hills Publishing, 1,277.49; Spangler-Blair, Mary, 280.00; Stan Houston Equipment, 5,094.53; State Remittance Center, 14,738.09; Steam Cleaning Specialist, 1,550.00; Stec's Advertising, 267.93; Steffen, Inc, 24,978.50; Stephens, Matthew, 1,800.00; Stern Oil Company, 113.21; Storm Mountain Center, 380.00; Street Image Truck &, 65.00; Summit Signs & Supply Inc, 425.65; Sundby, John, 270.00; Surveillance-Video, 2,694.24; Swanson Services Corp, 347.95; Synergy Graphics, Inc, 75.00; Sysco Food Services, 377.03; Teal, Nance, 94.40; Temperature Technology, 30,083.78; Tessco, 124.79; Tessco Incorporated, 414.53; The News, 29.00; Thompson, Matt, 94.00; Thompson, Michael, 882.00; Thurman, Creighton, 179.78; Time Equip Rental & Sales, 273.35; Tire Muffler Alignment, 44.88; Titan Machinery, 149.97; Tomaride Llc, 240.00; TWL Billing Service, 1,196.00; Tyler Technologies, 1,440.00; Uline, 224.81; US Bank, 448,079.08; US Postal Service, 4,680.06; Valades, Chuck, 35.00; Valley Green Sod Farm, 27.00; Vanway Trophy & Awards, 136.15; Verizon Wireless, 1,417.96; Vugate, Inc, 54,021.56; W NM Emergency Phys PC, 557.00; Walker Napa Auto Parts, 24.61; Walker Refuse, 94.57; Wall Building Center, 294.05; Warne Chem & Equip Co Inc, 71.05; Watson Law Office, P.C., 53.30; Weichmann, Cynthia, 764.75; Wendell Law Office, PC, 500.54; Wessel, Al Jr, MD, 4,347.50; West Payment Center, 697.63; West River Electric, 2,476.58; West River Intrntnl Inc, 126.06; Westby, Curt, 155.00; Western Communication Inc, 3,171.75; Western Dakota Tech Inst, 38.50; Western Detention, 1,013.70; Western Stationers Inc, 1,752.58; Whisler Bearing Co, 916.20; Wikle, Leon D, 190.00; Wilhelm, Charisa, 160.74; Winter, Paul R, 1,686.59; WKC Enterprises, 235.00; Wolf, Ione, 592.25; Wood Stock Supply, 39.98; Wood, Victor, 270.00; Woods, Murl, 229.60; Working Against Violence, 6,400.00; Wyn Rentals, 190.00; Yankton Co Sheriff Office, 125.00; Yankton County Treasurer, 325.19; Yellowrobe, Geraldine, 20.00; Ziggy's, 302.09; Zoller, Amy, 1,357.85. ADJOURN MOVED by Trautman and seconded by Kjerstad to adjourn the meeting at 1:15 p.m. Julie A. Pearson, Auditor Publish: June 3, 2009 May 19, 2009 1