PENNINGTON COUNTY BOARD OF COMMISSIONERS MINUTES June 2, 2009 A meeting of the Pennington County Board of Commissioners was held on Tuesday, June 2, 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: Gale Holbrook, Jim Kjerstad, Nancy Trautman and Ethan Schmidt. REVIEW AND APPROVE AGENDA MOVED by Kjerstad and seconded by Trautman to approve the agenda. It was MOVED by Schmidt and seconded by Holbrook to amend the motion by adding Review of the Minutes of the May 28, 2009, Special Board of Commissioners’ Meeting to Item 6 and continue Item 20, the Consideration of Partnership with Community Health, Behavior Management and Others, to a later date. Vote on the amendment: Unanimous. Vote on the motion to approve the agenda as amended: Unanimous. REVIEW MINUTES MOVED by Holbrook and seconded by Kjerstad to approve the minutes of the May 19, 2009, Board of Commissioners’ meeting and the May 28, 2009, special meeting. Vote: Unanimous. ITEMS FROM THE AUDITOR A. NEW MALT BEVERAGE LICENSE: MOVED by Holbrook and seconded by Schmidt to approve the application for retail (on-off sale) malt beverage permit for Summer Creek Inn, Summer Creek Inn LLC. Vote: Unanimous. B. MALT BEVERAGE LICENSE RENEWAL: MOVED by Schmidt and seconded by Trautman to approve the renewal of retail (on-off sale) malt beverage license for Prairie Berry, Prairie Berry LLC. Vote: Unanimous. C. MALT BEVERAGE LICENSE RENEWALS: MOVED by Kjerstad and seconded by Schmidt to approve the Retail (on-off sale) malt beverage permit for Country Store at the Forks, Covington Consulting Group Inc. Vote: Unanimous. MOVED by Schmidt and seconded by Trautman to approve the retail (on-off sale) malt beverage permit for Black Hills Amoco & RV Parts & Repairs, Grover Repair Inc. Vote: Unanimous. MOVED by Kjerstad and seconded by Schmidt to approve the retail (on-off sale) malt beverage permit for Bear Country USA, Bear Country USA Inc. Vote: Unanimous. MOVED by Trautman and seconded by Holbrook to approve the retail (on-off sale) malt beverage permit for Moonshine Gulch Saloon, Betty Harn. Vote: Unanimous. MOVED by Kjerstad and seconded by Trautman to approve the retail (on-off sale) malt beverage permit for Sugar Shack, Sugar Daddy’s LLC. Vote: Unanimous. MOVED by Holbrook and seconded by Kjerstad to approve the retail (on-off sale) malt beverage permit for Valley Square Casino, Wal-East Development Inc. Vote: Unanimous. MOVED by Trautman and seconded by Holbrook to approve the package (off-sale) malt beverage permit for Gaslight Restaurant, Big Guys LLC. Vote: Unanimous. MOVED by Schmidt and seconded by Trautman to approve the renewal of the following permits: Retail (on-off sale) Malt Beverage -, Inc.; Black Hills Forest Inn, IKENCINDY, Inc.; Black Hills Receptions, Black Hills Receptions & Rentals LLC; Black Hills Speedway, Half Mile Inc.; Caputa General Store, Caputa General Store Inc.; Country Corner, Robin Robertson; Deerfield Lake Resort, Deerfield Lake Resort LLC; Depot Restaurant, Patrick S. Shannon; Flying T Chuckwagon, Great American Tour Company Inc.; Fresh Start – Rapid Valley; Fresh Start Convenience Stores Inc.; Hana II, JisSeung Yu and GabDeuk Kwak; Hart Ranch Camping Resort, Hart Ranch Camping Resort Club Inc.; Hart Ranch Golf Course, Hart Ranch Development Company; Johnny’s Billiards & Arcade, Johnny’s Billiards & Arcade LLC; Mystery Mountain Resort, Black Hills Resorts Inc; Old Governors Mansion, Leon Brody DDS; Old Long Horn Saloon, Lee Ann Kestrel; O’Malley’s Casino, KJL Inc.; Putz N Glow, Putz N Glow Inc.; Rochford Mall, Rochford Mall Inc.; Sheridan Lake Marina, Goodwin Inc.; Ugly Fish Enterprises, Ugly Fish Enterprises LLC; Valley Square Sports Pub, Wal-East Development Inc.; Whispering Pines Campground, Flying R LLC. Package (off-sale) Malt Beverage – Corner Pantry-Moon Meadows, MG Oil Company; Dalcam EZ Mart, Dalcam Oil Company Inc.; Hart Ranch Camping Resort, Hart Ranch Camping Resort Club Inc.; Holy Smoke Resort, Holy Smoke Inc.; Mangy Moose, Tanya Nichols; Mini Mart 446, Mini Mart Inc.; Pactola Pines Marina, David & Nancy Fisher; Rafter J Bar Ranch Campground, Hiccough Co.; Package (off- sale) Malt Beverage & SD Farm Wine – Country Store at the Forks, Covington Consulting Group Inc.; KOA Campground, Recreational Adventures Co.; Mt. Rushmore KOA, Recreational Adventures Co.; Mt. Rushmore National Memorial, Xanterra Parks & Resort; Stone Faces, Valiant Vineyards, Inc. Vote: Unanimous. D. DISCHARGE OF LIENS OF DECEASED INDIVIDUALS: MOVED by Trautman and seconded by Schmidt to authorize the Chairperson’s signature on the Resolution to Discharge County Aid Liens of Deceased Persons totaling $40,447.91. Vote: Unanimous. RESOLUTION TO DISCHARGE COUNTY AID LIENS OF DECEASED PERSONS WHEREAS, the Pennington County Commission has determined that it is in the County’s best interest to annually discharge county aid liens against deceased persons and those liens deemed uncollectible; and WHEREAS, as of June 2, 2009, there are liens totaling $40,447.91, as listed on the ORDER TO RELEASE INDIGENT LIEN on file in the Pennington County Auditor’s office; now THERFORE BE IT RESOLVED, by the Pennington County Board of Commissioners, that the Pennington County Register of Deeds is hereby directed to discharge these liens. DATED this 2nd day of June, 2009. PENNINGTON COUNTY COMMISSION /s/ Brenda Young, Chairperson ATTEST: /s/Karen McGregor, Deputy Auditor E. BUDGET SUPPLEMENT HEARING (SP09-007): MOVED by Holbrook and seconded by Schmidt to approve a supplement to the General Fund Juvenile Diversion/Teen Court budget in the amount of $8,410 from cash reserves. Vote: Unanimous. ITEMS FROM BUILDINGS & GROUNDS A. 2009 SURPLUS SALE: MOVED by Schmidt and seconded by Trautman to authorize Buildings & Grounds to hold the annual surplus sale on June 25, 2009, with Jurisch & Associates conducting the auction. Vote: Unanimous. MOVED by Holbrook and seconded by Trautman to authorize Buildings and Grounds to add last minute items to the 2009 surplus auction. Vote: Unanimous. ITEMS FROM EQUALIZATION A. REQUEST AUTHORIZATION TO PURCHASE VEHICLES: MOVED by Holbrook and seconded by Kjerstad to authorize the Department of Equalization to surplus two Suzuki vehicles, VIN# 2S3TD03VXW6400304 and VIN# 2S3TD03V7T6408811, to be sold at the next county surplus auction. It was further moved to authorize immediate payment to Rapid Chevrolet for a 2009 Chevy Malibu in the amount of $17,336 and a 2009 Chevy Impala in the amount of $18,360, with the money to be supplemented from the equipment reserve at a later date. Vote: Unanimous. B. ABATEMENTS: MOVED by Schmidt and seconded by Trautman to approve the following abatement/refund pursuant to the recommendation of the Director of Equalization: 2007 - ID8010587, Michael Smith, $178.78. Vote: Unanimous. C. ABATEMENTS: MOVED by Trautman and seconded by Holbrook to approve the following abatement/refund pursuant to the recommendation of the Director of Equalization: 2008 – ID 28009, Jody Crawford, $2,183.90. Vote: Unanimous. ITEMS FROM PUBLIC DEFENDER A. REQUEST APPROVAL FOR NEW POSITION: MOVED by Schmidt and seconded by Trautman to approve the job description for a new position, Legal Secretary III, at Grade 16 effective July 1, 2009. It was further moved to reclassify Jodi McDermand Berger as Legal Secretary III effective July 1, 2009. MOVED by Holbrook to call the question. Vote on the question: The motion carried 4-1 with Schmidt voting no. Vote on the motion: The motion carried 4-1 with Kjerstad voting no. B: REQUEST TO RE-GRADE CURRENT POSITION: MOVED by Kjerstad and seconded by Trautman to postpone the request to regrade the Paralegal/Investigator from Grade 15 to Grade 18 until 2010 budget discussions are finalized. Vote: 4-1 with Schmidt voting no. ITEMS FROM WEED AND PEST A. SURPLUS VEHICLE: MOVED by Trautman and seconded by Schmidt to declare surplus a 1996 Jeep Cherokee 4x4 (VIN 1J4FJ28S2TL125734). Vote: Unanimous. FIREWORKS REQUEST – BILL KEESTER: MOVED by Schmidt and seconded by Trautman to approve the request to allow a public fireworks display at Black Hills Speedway on July 3, 2009, subject to the applicant providing the following information to the County Fire Administrator not less than fourteen (14) days prior the public display: copy of permit from the South Dakota State Fire Marshals office; diagram of the area for discharge and distances to public, etc.; certificate of insurance with Pennington County as additional named insured in the amount of $5,000,000; name and address of pyrotechnican; copy of pyrotechnican qualifications; copy of invoice that details the type and size of fireworks to be used; date and anticipated time of public display and alternate date, if desired. Vote: Unanimous. POINT OF CONTACT FOR EECBG PROGRAM FORMULA GRANT: MOVED by Holbrook and seconded by Schmidt to appoint Mike Peterson and Mike Kuhl as the point of contact for the U.S. Department of Energy’s Energy Efficiency and Conservation Block Grant (EECBG) Program. Vote: Unanimous. PINE CLIFF ROAD DISTRICT: MOVED by Holbrook and seconded by Schmidt to authorize a letter of support from the Board of Commissioners to USDA Rural Development for Pine Cliff Road District. Vote: Unanimous. DEPARTMENT HEAD SALARY SCHEDULE: MOVED by Trautman and seconded by Schmidt to continue this item to the June 16, 2009, Board of Commissioners’ meeting. Vote: Unanimous. MISCELLANEOUS A. APPROVE VOUCHERS: MOVED by Kjerstad 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. ITEMS FROM PLANNING AND ZONING: A. LAYOUT PLAT / PL 09-11: Virginia Franz. To reconfigure lot lines to create Lots 6R and 7R, Block 7 of Hart Ranch West #1 in accordance with Section 400.1 of the Pennington County Subdivision Regulations. EXISTING LEGAL: Lots 6 and 7, Block 7, Hart Ranch West #1, Section 33, T1S, R7E, BHM, Pennington County. PROPOSED LEGAL: Lots 6R and 7R, Block 7, Hart Ranch West #1, Section 33, T1S, R7E, BHM, Pennington County. MOVED by Holbrook and seconded by Schmidt to approve Layout Plat 09-11 with the following five (5) conditions pursuant to Planning Commission recommendation. Vote: Unanimous. 1. That at the time of Minor Plat submittal, engineered road construction plans be submitted for the Section Line Highway or a Subdivision Regulations Variance be obtained waiving this requirement; 2. That at the time of Minor Plat submittal, the applicant submits percolation tests and soil profile information for the proposed Lot 7 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 Minor Plat submittal, the applicant provides a site plan indicating the location of all existing structures, septic tank and drainfield; 4. That at the time of submittal of the Minor Plat, the applicant must submit information in regards to water supply; and, 5. That the applicant removes “Subdivision” from the title of the plat, prior to Minor Plat submittal. B. LAYOUT PLAT / PL 09-10: John and Arnis Knutson; Hanson Surveying. To create Lots 2 thru 6 of Tract B of Sunnyside Acres Subdivision in accordance with Section 400.1 of the Pennington County Subdivision Regulations. EXISTING LEGAL: Balance of Tract B, Sunnyside Acres, Section 30, T2N, R5E, BHM, Pennington County. PROPOSED LEGAL: Lots 2 thru 6 of Tract B, Sunnyside Acres Subdivision, Section 30, T2N, R5E, BHM, Pennington County. MOVED by Trautman and seconded by Kjerstad to deny Layout Plat 09-10 without prejudice per the recommendation of the Planning Commission. Vote: Unanimous. C. FIRST READING AND PUBLIC HEARING OF REZONE / RZ 09-03 AND COMPREHENSIVE PLAN AMENDMENT / CA 09-02: Terry Sayler (NMMC, Inc.); Fisk Land Surveying – Agent. To rezone 10.00 acres from General Agriculture District to Low Density Residential District and to amend the Comprehensive Plan to change the Future Land Use from Planned Unit Development Sensitive to Low Density Residential District in accordance with Sections 207 and 508 of the Pennington County Zoning Ordinance. The North 330 feet of NW1/4SW1/4, Section 15, T2N, R6E, BHM, Pennington County, South Dakota. MOVED by Holbrook and seconded by Schmidt to approve the first reading of Rezone 09-03 to rezone 10 acres from General Agriculture District to Low Density Residential District and further moved to approve Comprehensive Plan Amendment 09-02 to change the Future Land Use from Planned Unit Development Sensitive to Low Density Residential District pursuant to Planning Commission recommendation. Vote: Unanimous. D. 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 Holbrook and seconded by Trautman to continue the review of Planned Unit Development 02-03 to the December 1, 2009, Board of Commissioners’ meeting. Vote: Unanimous. E. REQUEST WAIVER OF PERMIT AND FINE FEES: CINDY POULAIN: MOVED by Holbrook to waive all late fees. The motion died for lack of a second. MOVED by Schmidt and seconded by Trautman to assess the $300 fee for the Conditional Use Permit application and the additional $300 penalty fee, and waive the administrative fee of $500. Vote: The motion carried 3-2 with Kjerstad and Young voting no. EXECUTIVE SESSION PER SDCL 1-25-2(1) PERSONNEL MOVED by Trautman and seconded by Schmidt to convene in Executive Session. Vote: Unanimous. The Board remained in Executive Session from 11:30 a.m. until 1:20 p.m. MOVED by Kjerstad and seconded by Schmidt to adjourn from Executive Session. Vote: Unanimous. AUDITOR’S ACCOUNT OF THE TREASURER To the Pennington County Board of Commissioners, I hereby submit the following report of my examination of the cash and cash items in the hands of the County Treasurer as of May 27, 2009: Total balances of checking/savings accounts, $29,499,199.62; Total balance of Treasurer’s Office safe cash, $7,100.00; Total certificates of deposit, $7,819,637.37; Total Prime Value Investment, $4,041,124.95; Total petty cash, $110,815.00; Total NSF Write Off, $101.12; Total cash items/net NSF checks, $122.62; Total long/short, $372.27; Total, $41,477,728.41. Submitted by KJ Peterson, Chief Deputy Auditor. PAYROLL Commissioners, 10,253.10; Elections, 11,732.10; Auditor, 15,683.96; Treasurer, 58,173.79; Data Processing - Law, 5,548.00; Data Processing - General, 29,324.76; State's Attorney, 123,241.08; Public Defender, 80,650.57; Juvenile Diversion, 12,605.27; Victim's Assistance, 6,259.42; Buildings & Grounds, 93,420.00; Equalization, 61,130.60; Register of Deeds, 23,146.29; Sheriff, 266,594.55; Courthouse Security, 7,645.18; Service Station, 9,870.90; Arrest Grant, 11,172.96; HIDTA Grant, 8,502.10; CARE Budget, 10,869.77; Jail, 384,649.66; Jail Work Program, 4,622.99; Jail Medical, 2,666.99; Jail Maintenance, 10,654.01; Hill City Law, 11,407.76; Keystone Law, 5,349.51; New Underwood – Law, 3,764.35; School Liaison, 18,649.92; Wall Law, 11,078.97; JSC Teachers, 23,342.62; Home Detention, 7,153.50; Alcohol & Drug, 134,547.17; Friendship House, 28,738.16; Prevention Program, 6,103.24; 24-7 Program, 15,304.47; Dispatch, 143,136.46; Ordinance, 3,091.65; Economic Assistance, 38,783.25; Mental & Alcohol-SAO, 6,817.95; Mental & Alcohol-HHS, 3,166.41; Extension, 3,858.00; Weed & Pest, 11,039.11; Planning and Zoning, 17,808.36; Water Protection, 3,939.50; Juvenile Services Center, 250,995.80; JSC Maintenance, 5,428.33; Highway, 188,674.60; Drug Seizure, 5,752.08; Fire Administration, 6,249.24; Emergency Management, 7,754.22; Emergency Management, 1,209.84. VOUCHERS A & A Property Management, 145.00; A To Z Shredding Inc, 16.20; Ace Warehouse Inc, 24.04; Acs Firehouse Software, 1,990.00; Alexander Technologies, 448.44; Alltel, 1,631.74; Already Steamin, 170.00; Armstrong Extinguishers, 267.00; Avanti Motel, 155.00; Badlands Automotive, 1,234.05; Bargain Barn Tire Center, 31.00; Bargain Printing, 172.00; Behrens Mortuary, 1,660.00; Best Business Prdcts Inc, 272.28; BH Chemical Company Inc, 1,789.49; BH Industries, Inc, 298.50; BH Power Inc, 2,141.08; BH Truck & Trailer Inc, 85.14; Bierschbach Equipment, 292.49; Bird, Julie A, 190.00; Brown's Small Engine Rep, 911.79; Caldwell Commercial Real, 342.00; Carquest Auto Parts, 21.15; Cash-Wa Distributing, 27.87; Casjens, Mike Jr, 100.00; CBCInnovis, Inc, 212.75; CBM Food Svc, 53,951.37; Cetec Engineering, 3,537.14; Chemsearch, 245.16; Chihak, Robert, 143.20; Chris Supply Co Inc, 81.44; City Of Rapid City -Water, 1,258.76; CMC Rescue Inc, 8,876.00; Cook, Kimberly, 240.00; Countryside Prop Mgmt Inc, 240.00; Crown Oil - Wall, 110.00; Dahlke, Brenda, 13.60; Dakota Business Center, 83.67; Dawson, Robert A, 424.63; Diesel Machinery Inc, 168.26; Ecolab Pest Elimination, 235.50; Evergreen Office Products, 23.50; Executive Mgmt Fin Office, 28.00; Fastenal Company, 25.30; Federal Express, 40.67; First Interstate Bank, 821.50; Flood, Kelly, 24.00; Frederick, Elizabeth M, 232.15; Frederick, Elizabeth M, 240.00; French's Upholstery, 145.00; Frontier Commercial, 6,156.06; G & H Distributing - Rc, 214.94; Gloe, Cynthia L, 19.00; Godfrey Brake Service, 1,242.41; Golden West Technologies, 132.50; Grainger- 841964646, 117.12; Grimm's Pump Service Inc, 18.00; Grimsrud, Diane, 270.00; Gunderson, Palmer, Goodsell, 226.98; Gustave A Larson Company, 248.54; Hanson, Dennis, 270.00; Harveys Lock Shop, 18.60; Hewlett-Packard, 975.00; Hills Materials Co, 519.73; Hillyard/Sioux Falls, 897.86; Hiway Hardware & Bldg, 56.10; Honeywell, Inc, 1,979.91; Horst Acoustical Co, Inc, 488.44; HSBC Business Sol, 116.43; Huron Culvert & Tank Co, 19,001.72; Icehouse/Artic Glacier, 54.90; Indoff Inc, 59.97; Industrial Electric, 189.00; Interstate Batteries, 5.97; ISC Companies, 146.96; Janz, Donald A, 1,950.00; Jenner Equipment, 63.08; Jimmy John's Catering, 150.70; Jobgen, Duane, 200.00; Johnson Machine Inc, 1,117.92; Johnson's Carpet, 1,195.00; K- Mart, 72.95; KC Video & Production, 80.00; Ken's Refrigeration &, 504.02; Kimball Midwest, 523.17; King Environmental Prod., 1,223.80; Klapperich, Donna, 2,000.00; Knecht Home Center Inc, 1,206.16; Knology, 1,860.65; Language Line Services, 199.19; Larson, Linda R, 240.00; Lawson Products Inc, 271.95; Linweld, 445.39; Lost Cabin Cnstrctrs Inc, 6,368.00; Lutke, Neal, 69.60; Lyle Signs Inc, 3,594.90; Maplewood Townhouses, 161.00; Matco Tools, 8.37; Mayo Clinic Rochester, 299.76; Mcgas Propane LLC, 129.00; Medicap Pharmacy - St Pat, 4,088.55; Menards, 14.87; Mercy Housing SD2, LLC, 404.00; MG Oil Company, 289.30; Midwest Auto Repair, Inc, 907.77; Montana Dakota Utilities, 4,849.35; Moyle Petroleum, 8,207.32; North Central Supply Inc, 145.00; Northwest Pipe Fitting In, 15,122.10; O'Day, Valarie, 459.80; Odens, Melissa, 273.60; Orelup, Jason, 28.00; Overhead Door Co of RC, 327.06; Pacific Steel & Recycling, 340.85; Paradis Properties LLC, 255.00; Penn Co Public Defender, 35.83; Pennington County Housing, 507.00; Pete Lien & Sons Inc, 4,654.03; Pheasant Country Express, 2,096.22; Pioneer Bank Visa, 650.96; Power House Honda, 59.80; QWEST, 218.19; Rangel, Elisa, 200.00; Rapid Chevrolet Co Inc, 1,096.44; Rapid Creek Partners, 240.00; RC Area School Dist 51-4, 725.08; RC Medical Center, 875.00; Reclamation Services Inc, 2,417.50; Rensch Law Office, 275.09; Rockmount Research &, 547.39; SD Div Of Motor Vehicles, 35.00; Servall Uniform/Linen Co, 107.05; Sherwin Williams Paints, 342.84; Silverstone Group, 6,200.00; South Dakota Rose Inn, 145.00; Stan Houston Equipment, 695.87; Stephens, Matthew, 2,000.00; Sturdevant's Refinish, 138.06; Sun Development Corporati, 190.00; Tessier's Inc, 196.30; TWL Billing Service, 1,190.40; Verizon Wireless, 65.07; Walker Napa Auto Parts, 72.73; Walker, Randy, 100.00; Wall Building Center, 91.20; Watertree Inc, 661.50; West Payment Center, 177.50; West River Intrntnl Inc, 2,117.60; Western Communication Inc, 462.00; Whisler Bearing Co, 185.74; Williams Oral & Maxillofacial, 725.00; Winter, Paul R, 768.62; WKC Enterprises, 175.00; Zep Sales & Service, 351.93. ADJOURN There being no further business, the meeting was adjourned at 1:20 p.m. Julie A. Pearson, Auditor Publish: June 17, 2009 June 2, 2009 1