PENNINGTON COUNTY BOARD OF COMMISSIONERS MINUTES October 6, 2009 A meeting of the Pennington County Board of Commissioners was held on Tuesday, October 6, 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, Nancy Trautman and Ethan Schmidt. Absent: Jim Kjerstad REVIEW AND APPROVE AGENDA MOVED by Trautman and seconded by Holbrook to approve the agenda. Vote: Unanimous. REVIEW OF MINUTES MOVED by Trautman and seconded by Holbrook to approve the minutes of the September 15, 2009 Board of Commissioners’ Meeting and the minutes of the September 29, 2009 Board of Commissioners’ Special Meeting. Vote: Unanimous. LIBRARY FUNDING SOURCE DETERMINATION AND TO SET BUDGET SUPPLEMENT HEARING: MOVED by Holbrook and seconded by Trautman to set a public hearing on October 20, 2009 at 9:15 a.m. to supplement the Accumulating Building fund from cash reserves in the amount of $1 Million for the county library project. Vote: Unanimous. ITEMS FROM THE AUDITOR A. DEPARTMENT OF LEGISLATIVE AUDIT CLOSING CONFERENCE (BRUCE HINTZ): MOVED by Schmidt and seconded by Holbrook to authorize the Chairperson’s signature to the representation letter from the Department of Legislative Audit regarding the audit of financial statements for the year ended December 31, 2008. Vote: Unanimous. B. ALCOHOLIC BEVERAGE LICENSE TRANSFER: MOVED by Trautman and seconded by Holbrook to approve the transfer of the Retail (on-sale) Liquor License with Sunday sales from Sunset Grille, 7887 Sheridan Lake Rd, Rapid City, Kelly Flannery, owner, to Hamilton’s Patio & Grille, 7887 Sheridan Lake Rd, Rapid City, Hamilton Patio & Grille, owner. Vote: Unanimous. Commissioner Holbrook leaves the meeting at 9:36 a.m. D. MOTION SUPPLEMENT SP09-013 (Sheriff’s Office): MOVED by Trautman and seconded by Schmidt to approve a supplement to the General Fund LE Equipment budget in the amount of $629,689, and to the General Fund JAIG JSC budget in the amount of $53,493 from non-budgeted revenues received in the current year. Vote: Unanimous. E. JOHN T. VUCUREVICH GRANT SUPPLEMENT SP09-012: MOVED by Schmidt and seconded by Trautman to approve a supplement to the General Fund John T Vucurevich grant budget in the amount of $26,000 from current year revenues. Vote: Unanimous. F. DISCHARGE 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 $55,068.18. Vote: Unanimous. ITEMS FROM SHERIFF A. DOMESTIC VIOLENCE ARREST GRANT: MOVED by Schmidt and seconded by Trautman to authorize the Chairperson’s signature to the Department of Justice Office on Violence Against Women Grant awarding a one-year extension to the Pennington County Domestic Violence Arrest Grant, Award No. 2007-WE-AX-0036, Award Date: 09-23-2009, in the amount of $199,972. Vote: Unanimous. Commissioner Holbrook returns to the meeting at 9:42 a.m. ITEMS FROM BUILDINGS & GROUNDS A. DOE EECBG GRANT AWARD: MOVED by Schmidt and seconded by Trautman to authorize the Chairperson’s signature to the Notice of Award Signature Page for the Department of Energy’s Energy Efficiency and Conservation Block Grant, Award No. DE-RW0000157, in the amount of $125,800. Vote: Unanimous. B. 111 SAINT JOSEPH STREET BUILDING LEASE: MOVED by Schmidt and seconded by Trautman to approve the final monthly rent charge for up to the last day of the month in which the structure is occupied. Vote: Unanimous. ITEMS FROM EQUALIZATION A. ABATEMENTS: MOVED by Schmidt and seconded by Trautman to approve the following abatements/refunds pursuant to the recommendation of the Director of Equalization, approved by the City of Rapid City and signed by Jim Preston, City Finance Officer: 2007, Parcel ID 43599 – Phillips, Don L, $49.50. Vote: Unanimous. Commissioner Kjerstad joins the meeting at 9:47 a.m. ITEMS FROM FIRE ADMINISTRATOR A. RECOGNITION OF FIREFIGHTERS WITH YEARS OF SERVICE: MOVED by Schmidt and seconded by Trautman to approve and authorize the Chairperson’s signature to the resolution declaring October 9, 2009 as “Firefighter Appreciation Day in Pennington County.” Vote: Unanimous. RESOLUTION WHEREAS, Pennington County, has shown a consistent dedication to providing a safe place to live and prosper in the beautiful Black Hills; and, WHEREAS, the fire service of Pennington County has a long and proud tradition of providing protection against the ravages of fires; and, WHEREAS, the citizens of Pennington County rely on the 21 fire departments and the 600 professional firefighters to respond to their requests for assistance; and, WHEREAS, the fire departments rely on the dedication and professionalism of their members to respond to over 5000 requests for assistance annually of all types in all kinds of weather; and, WHEREAS, Mike Maier 20 Years and Brent Kolstad 25 Years with the North Haines VFD; Damon Hartmann 18 Years, Ty Reber 18 Years, Gerald Armstrong 25 Years and Donald Schmoll 25 Years all with the Rapid City Fire Department; Jeff Nisen 25 Years with the Rapid Valley VFD and Rockerville VFD; Paul Smith 20 Years with Rockerville VFD; Jerry Johannesen 35 Years, Rick Sutter 30 Years, Jim Kitterman 25 Years and Harvey Miller 25 Years all with the Wall VFD; Tim Kobes 35 Years with the Rapid Valley VFD; Jim Light 35 Years with the Silver City VFD. WHEREAS, it is most fitting and proper to honor these professional public servants for their 360 plus years of dedicated service; then, BE IT THEREFORE RESOLVED, by this Pennington County Board of Commissioners on behalf of the citizens and communities, that the NINTH DAY OF OCTOBER, 2009, A.D. be declared and affirmed as FIREFIGHTER APPRECIATION DAY IN PENNINGTON COUNTY of the above named professional firefighters. AND BE IT FURTHER RESOLVED, that we dedicate ourselves to follow those firefighters’ examples in making this County fire safe. Dated this 6th day of October, 2009. PENNINGTON COUNTY COMMISSION Brenda Young, Chairperson ATTEST: Julie A. Pearson, Auditor B. REQUEST APPROVAL OF HAYWARD FIRE PROTECTION DISTRICT NEW BOARD MEMBERS: MOVED by Holbrook and seconded by Kjerstad to approve the new board members, Clayton Blankenship, John Esposti, and Emma Hutcheson, as recommended by the Hayward Fire Protection District Board of Directors. Vote: Unanimous. ITEMS FROM HEALTH & HUMAN SERVICES A. REQUEST APPROVAL TO APPLY FOR CDBG FUNDS: MOVED by Schmidt and seconded by Trautman to authorize the application for a Community Development Block Grant through the City of Rapid City in the amount of $24,000 to provide interim mental health care services for certain individuals. Vote: Unanimous. ITEMS FROM HIGHWAY A. ADOPT-A-HIGHWAY PROGRAM POLICY NEW PROVISIONS: MOVED by Holbrook and seconded by Schmidt to sustain staff recommendation to adopt the revised provisions and authorize the Chairperson’s signature to the Revised Adopt-A-Highway Program Policy. Vote: Unanimous. ITEMS FROM PUBLIC MOVED by Holbrook to continue comments being made regarding Item N. from Items from Planning & Zoning to the proper order on the agenda. Motion died for lack of a second. Commissioner Holbrook leaves the meeting at 10:17 a.m. Commissioner Holbrook returns to the meeting at 10:20 a.m. RUSHMORE LIONS NATURE PARK – SOFT SURFACE TRAIL DEVELOPMENT, PR08-6015 (RANDY LYONS): MOVED by Schmidt and seconded by Holbrook to authorize the Chairperson’s signature, as joint property owner, to the 11-6-19 Application for Development Review to allow trails to be built at the Rushmore Lions Nature Park, a cooperative project between the Rushmore Lions Club and Rapid City Parks and Recreation. Vote: Unanimous. Commissioner Holbrook leaves the meeting at 11:00 a.m. LIEN RELEASE REQUEST (JLD): MOVED by Trautman and seconded by Schmidt to approve the Lien Release Request of JLD (Names withheld per SDCL 28-13-42) in the amount of $235.00, as he is not the person against whom the lien was recorded. Vote: Unanimous. Commissioner Holbrook returns to the meeting at 11:02 a.m. LIEN RELEASE REQUEST (DEM) (CON’T FROM 9-15-09): MOVED by Trautman and seconded by Holbrook to authorize CCB to work with DEM to set up a monthly payment plan for DEM, (Names withheld per SDCL 28-13-42). Vote: Unanimous. LIEN RELEASE REQUEST (RGG): MOVED by Schmidt and seconded by Kjerstad to pull the Lien filed with CCB for RGG, (Names withheld per SDCL 28-13-42) in the amount of $3,329.75, the County will take no immediate action, the debt will remain in place with RGG making monthly payments to the County Treasurer in an undetermined amount at this time beginning when his other financial obligation currently being paid to the Treasurer is satisfied. Holbrook called the question. Vote on the Question: Yes: Holbrook, Kjerstad, Trautman, Young. No: Schmidt. Passed 4 to 1. Vote on the Motion: Unanimous. REALLOCATION OF FUNDS FOR TIF – PRAIRIE FIRE INVESTMENTS, LLC: MOVED by Schmidt and seconded by Trautman to award the reallocation in the amount of $194,395.60 regarding County TIF #3 to allow Dan Wolken to go forward with financing to reimburse the City of Rapid City. Vote: Unanimous. Meeting recess at 11:41 a.m. Commissioner Kjerstad leaves the meeting at 11:41 a.m. Meeting resumes at 11:47 a.m. ITEMS FROM CHAIR REQUEST APPROVAL OF AMENDMENT 1 TO RESEARCH AGREEMENT BETWEEN COLORADO STATE UNIVERSITY AND PENNINGTON COUNTY MOVED by Trautman and seconded by Schmidt to authorize the Chairperson’s signature to Amendment No. 1 of the Research Agreement Between Colorado State University and Pennington County, South Dakota for the purpose of extending the end date of the project to October 31, 2009. Vote: Unanimous. MISCELLANEOUS A. APPROVE VOUCHERS: MOVED by Holbrook 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. B. ACKNOWLEDGEMENT OF DISINTERMENT PERMIT: MOVED by Trautman and seconded by Schmidt to acknowledge the Disinterment Permit from the South Dakota Department of Health dated September 21, 2009, Application ID # 537598. Vote: Unanimous. Commissioner Kjerstad returns to the meeting at 11:57 a.m. REQUEST WAIVER OF ADMINISTRATIVE FEES FOR CONDITIONAL USE PERMIT (ROB TSCHETTER) MOVED by Schmidt and seconded by Kjerstad to waive the $500 administrative fee of the conditional use permit of Rob Tschetter. Vote: Unanimous. REQUEST WAIVER OF ADMINISTRATIVE FEES FOR BUILDING PERMIT (RYAN RYPKEMA) MOVED by Trautman and seconded by Kjerstad to extend the building permit and septic permit of Ryan Rypkema to March, 2009 for the amount of $50. Vote: Unanimous. ITEMS FROM THE BOARD OF ADJUSTMENT MOVED by Trautman and seconded by Holbrook to convene as the Board of Adjustment. Vote: Unanimous. A. VARIANCE / VA 09-20: Patricia Meyers/John Kolbach. To reduce the minimum required side yard setback from 25 feet to 6 feet to allow for a carport in a General Agriculture District in accordance with Sections 205 and 509 of the Pennington County Zoning Ordinance. The W1/2W1/2SE1/4 less S1867 feet and less W435.80 feet; W1/2E1/2W1/2 SE1/4 less 1867 feet, Section 13, T2N, R9E, BHM, Pennington County, South Dakota. MOVED by Holbrook and seconded by Trautman to accept staff recommendation to deny VA 09-20 to reduce the side yard setback from 25 feet to 6 feet due to lack of physical hardship. SUBSTITUTE MOTION by Kjerstad and seconded by Schmidt to approve VA 09-20, allowing the variance for the carport. Vote: Unanimous. B. VARIANCE / VA 09-19: Richard and Patricia Sheets. To reduce the minimum required rear yard setback from 25 feet to 21 feet to allow for an addition to the single-family residence and to reduce the minimum required rear yard setback from 8 feet to 2 feet to bring into compliance an existing storage shed in a Suburban Residential District in accordance with Sections 208 and 509 of the Pennington County Zoning Ordinance. Lot 7R, Block 2, Evergreen Valley Subdivision, Section 9, T1N, R6E, BHM, Pennington County, South Dakota. MOVED by Holbrook and seconded by Trautman to accept staff recommendation to approve VA 09-19 with the following two (2) conditions: 1. That this Variance allows for the existing encroachment and the proposed addition and that any other additions or structures must meet the minimum required setbacks for a Suburban Residential District; and, 2. That a Building Permit be obtained for any new structures exceeding 144 square feet and located on a permanent foundation, which will require a site plan to be reviewed and approved by the Pennington County Planning Director. Vote: Unanimous. MOVED by Trautman and seconded by Schmidt to adjourn as a Board of Adjustment and reconvene as the Board of Commissioners. Vote: Unanimous. ITEMS FROM PLANNING & ZONING C. VACATION OF EASEMENT / VE 09-02: Richard and Patricia Sheets. To vacate the foot print of an existing storage shed located on the rear yard utility easement in accordance with the Pennington County Zoning Ordinance. Lot 7R, Block 2, Evergreen Valley Subdivision, Section 9, T1N, R6E, BHM, Pennington County, South Dakota. MOVED by Trautman and seconded by Holbrook to accept staff recommendation to approve VE 09-02 with the following condition: 1. That the vacation document be filed at Register of Deeds. Vote: Unanimous. D. LAYOUT PLAT / PL 09-23: John Preston/Heartland Country Ranchettes. To reconfigure the shared lot line to create Tract 18R and Tract 19R of Spring Creek Acres in accordance with Section 400.1 of the Pennington County Subdivision Regulations. EXISTING LEGAL: Tract 18 and Tract 19, Spring Creek Acres, Section 3, T2S, R8E, BHM, Pennington County, South Dakota. PROPOSED LEGAL: Tract 18R and Tract 19R, Spring Creek Acres, Section 3, T2S, R8E, BHM, Pennington County, South Dakota. MOVED by Holbrook and seconded by Trautman to accept Planning Commission recommendation to approve PL 09-23 with the following five (5) conditions: 1. That at the time of Minor Plat submittal, the title on the plat be revised to include “(Formerly Tract 18 and Tract 19 of Spring Creek Acres)”; 2. That at the time of Minor Plat submittal, Tract 18R be reconfigured to meet the five (5) acre minimum lot size requirement or an application to amend the PUD to reduce the minimum lot size be submitted; 3. That an approved On-site Wastewater Construction Permit be obtained from the Pennington County Planning Department prior to the replacement or alteration of the on-site wastewater system for either of the proposed lots; 4. That the existing septic system on Tract 19R meet the required setbacks from the proposed lot line reconfiguration; and, 5. That Black Hills Electric Cooperative’s rights to operate and maintain the utilities are not diminished or adversely affected in any way. Vote: Unanimous. E. FINAL PLAT / PL 09-25: David Oerlline. To create Lots 3A and 3B of Walter Gold Mining Lode M.S. 1928 in accordance with Section 400.3 of the Pennington County Subdivision Regulations. EXISTING LEGAL: A portion of Lot 3 W of a line parallel to and 93.22 feet from W line of Lot 3; A portion of Lot 3 lying between a line parallel to and 93.22 feet from W line of Lot 3 and a line parallel to and 81.85 feet from E line of Lot 3; A portion of Lot 3 E of a line parallel to and 81.85 feet from E line of Lot 3, Walter Gold Lode M.S. 1928, all located in Section 23, T2N, R3E, BHM, Pennington County, South Dakota. PROPOSED LEGAL: Lots 3A and 3B, Walter Gold Lode M.S. 1928, Section 23, T2N, R3E, BHM, Pennington County, South Dakota. MOVED by Trautman and seconded by Kjerstad to accept Planning Commission recommendation to approve PL 09-25 with five (5) conditions: 1. That Black Hills Electric Cooperative’s rights to operate and maintain the overhead line are not diminished or adversely affected in any way by the proposed subdivision; 2. That the property owners ensure that the Special Use Permit for the wastewater system remains current and renewed every year; 3. That an approved On-site Wastewater Construction Permit be obtained from the Pennington County Planning Department prior to the replacement or alteration of the on-site wastewater system for either of the proposed lots; 4. That the existing septic system for both lots meet all required setbacks from the proposed lot line reconfiguration and that any new on-site wastewater system meet the minimum required setback from the existing well on proposed Lot 3B; and, 5. That all addresses be posted in accordance with Ordinance #20. Vote: Unanimous. F. FIRST READING AND PUBLIC HEARING OF PLANNED UNIT DEVELOPMENT AMENDMENT / PU 09-07: Joey and Sara Strain. To amend the Planned Unit Development to reduce the rear yard setback from 25 feet to 15 feet to allow for a partially covered deck to be constructed on the rear of the house in accordance with Section 213 of the Pennington County Zoning Ordinance. Lot 15R, Village on the Green #2 Subdivision, Section 12, T1S, R7E, BHM, Pennington County, South Dakota. MOVED by Schmidt and seconded by Trautman to deny PU 09-07 to reduce the rear yard setback from 25 feet to 15 feet. SUBSTITUTE MOTION by Young and seconded by Holbrook to approve the first reading of PU 09-07. Roll Call Vote: Yes: Young, Holbrook, Kjerstad. No: Schmidt, Trautman. Motion carried 3 to 2. G. LAYOUT PLAT / PL 09-26: John and Arnis Knutson. To create Lots 2 and 3 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 and 3, Tract B of Sunnyside Acres Subdivision, Section 30, T2N, R5E, BHM, Pennington County. MOVED by Holbrook and seconded by Trautman to accept Planning Commission recommendation to approve PL 09-26 with the following twelve (12) conditions: 1. That prior to approval of the Final Plat, the applicant improve Jenny Gulch Road to Local/Collector Road Standards, including 66 feet of right-of-way, a 24 foot driving surface with four (4) inches of gravel and proper inslopes and backslopes, or else the applicant post a surety for the road improvements or obtain an approved Subdivision Regulations Variance waiving this requirement; 2. That prior to County Board approval of the Preliminary Plat, the applicant provide engineered road construction plans for Jenny Gulch Road or else obtain an approved Subdivision Regulations Variance waiving this requirement; 3. That prior to approval of the Final Plat, the applicant improve Sunnyside Gulch Road to Local/Collector Road Standards, including 66 feet of right-of-way, a 24 foot driving surface with four (4) inches of gravel and proper inslopes and backslopes, or else the applicant post a surety for the road improvements or obtain an approved Subdivision Regulations Variance waiving this requirement; 4. That prior to County Board approval of the Preliminary Plat, the applicant provide engineered road construction plans for Sunnyside Gulch Road or else obtain an approved Subdivision Regulations Variance waiving this requirement; 5. That prior to applying for the Preliminary Plat, the applicant provide adequate percolation test results, which includes eight (8) foot soil profile information for proposed Lots 2 and 3 to be reviewed by the Pennington County Environmental Planner or else obtain an approved Subdivision Regulations Variance waiving this requirement; 6. That approved On-Site Wastewater Construction Permits be obtained prior to any wastewater system being installed on the proposed lots; 7. That eight (8) foot utility easements be dedicated on the interior sides of all lot lines on the Preliminary and Final plats or an approved Subdivision Regulations Variance be obtained waiving this requirement; 8. That prior to approval of the Final Plat, the property either be rezoned or else the applicant obtains Lot Size Variances to reduce the minimum lot size requirement in a General Agriculture District; 9. That at the time of submittal for the Preliminary Plat, the applicant submits a Fire Mitigation Plan; 10. That at the time of submittal for the Preliminary Plat, an Owner’s Certificate be added for Gerald R and Marjorie C. Thorvaldson; 11. That at the time of submittal for the Preliminary Plat, the plat meets all the requirements of Section 400.2 of the Pennington County Subdivision Regulations, including the Preliminary Plat to be scaled at not more than one (1) inch equals one hundred (100) feet, and topographic information be provided of the subject property at five (5) foot contour intervals or the applicant obtains an approved Subdivision Regulations Variance waiving any of these requirements that are not met; and, 12. That approval of this Layout Plat does not constitute approval of any further applications to be submitted for the above-described property. Vote: Unanimous. H. ROAD NAME – TAKODA ROAD: Gareth Patton. MOVED by Holbrook and seconded by Trautman to accept Planning Commission recommendation to approve the road name of Takoda Road. Vote: Unanimous. I. PLANNED UNIT DEVELOPMENT REVIEW / PU 05-09: William Trask; William Morrison - Agent. To review a Planned Unit Development in accordance with Sections 213 and 508 of the Pennington County Zoning Ordinance. Parcel B of SW1/4SW1/4, Section 14, T1N, R8E, BHM, Pennington County, South Dakota. MOVED by Trautman and seconded by Schmidt to continue this item for six months to the April 6, 2010 Board of Commissioners’ meeting. Vote: Unanimous. J. LAYOUT PLAT / PL 09-22: Joyce Bintliff/Barbara Lee; George Bintliff – Agent. To create a one-acre lot, Lot C of HES #336 Revised, in accordance with Section 400.1 of the Pennington County Subdivision Regulations. EXISTING LEGAL: All of HES #336 Revised, Section 2, T2S, R5E, BHM, Pennington County, South Dakota. PROPOSED LEGAL: Lot C of HES #336 Revised, Section 2, T2S, R5E, BHM, Pennington County, South Dakota. MOVED by Trautman and seconded by Kjerstad to accept Planning Commission recommendation to approve PL 09-22 with the following eleven (11) conditions: 1. That prior to County Board approval of the Final Plat, the proposed lot either be rezoned to Suburban Residential District or else the applicant obtain a Lot Size Variance to reduce the minimum lot size requirement in a Limited Agriculture District; 2. That prior to County Board approval of the Final Plat, the applicant improve the road providing access to the proposed lot to Suburban Residential District Local/Collector Road Standards, a surety be posted for the road improvements, or else an approved Subdivision Regulations Variance be obtained waiving this requirement; 3. That prior to County Board approval of the Final Plat, the applicant provide engineered road construction plans for the road providing access to the proposed lot or else obtain an approved Subdivision Regulations Variance waiving this requirement; 4. That an approved Floodplain Development be obtained prior to any road improvements being conducted within the boundaries of the 100-year floodplain for Battle Creek; 5. That the address for the residence on proposed Lot C be posted at the approach onto Old Hill City Road in accordance with Pennington County’s Ordinance #20 prior to Final Plat approval; 6. That the applicant provides a proposal for an alternative on-site wastewater system location at the time of Preliminary Plat submittal for review and approval by the Environmental Planner; 7. That the minimum setback requirements be met from the existing structures and utilities to the proposed lot lines and, if applicable, a Variance be obtained from DENR for any alterations to the existing on-site wastewater system if it is determined to not be meeting the minimum separation distance to any nearby wells; 8. That eight (8) foot utility and minor drainage easements be dedicated on the interior sides of all lot lines on the Preliminary Plat in accordance with Section 500.4-9-a or an approved Subdivision Regulations Variance be obtained waiving this requirement; 9. That the plat heading be changed to read “Lot C of H.E.S. 336 Revised (Formerly a portion of H.E.S. 336 Revised)…” in accordance with the Department of Equalization’s and Register of Deed’s comments; 10. That at the time of submittal for the Preliminary Plat, the plat meets all the requirements of Section 400.2 of the Pennington County Subdivision Regulations, including, but not limited to, topographic information to be provided of the subject property at five (5) foot contour intervals, or else the applicant obtain an approved Subdivision Regulations Variance waiving any of the requirements that are not met; and, 11. That approval of this Layout Plat does not constitute approval of any further applications to be submitted for the above-described property. SUBSTITUTE MOTION by Holbrook and seconded by Schmidt to deny PL 09-22 without prejudice. Vote: Unanimous. K. MINOR PLAT / PL 09-27 AND SUBDIVISION REGULATIONS VARIANCE / SV 09- 08: Frank Boyle. To create Lot 1 of Boyle Subdivision and to waive Section Line improvements in accordance with Section 400.3 of the Pennington County Subdivision Regulations. EXISTING LEGAL: Lot 1 of Lot M and Lot 2 of Lot M of Trout Haven Subdivision and Lot L of SW1/4SW1/4 all located in Section 7, T2N, R5E, BHM, Pennington County, South Dakota. PROPOSED LEGAL: Lot 1, Boyle Subdivision, Section 7, T2N, R5E, BHM, Pennington County, South Dakota. MOVED by Holbrook and seconded by Kjerstad to accept Planning Commission recommendation to approve SV 09-08 to waive the requirement for the Section Line to be improved to Ordinance #14 Standards and to approve PL 09-27 with the following eight (8) conditions: 1. That the applicant also work with Lawrence County to plat the proposed lot and the final plat document be recorded at the Lawrence County Register of Deeds, in which proof that the proposed lot has been reviewed and approved by Lawrence County and is ready to be recorded at their Register of Deeds will be required prior to recording the plat at the Pennington County Register of Deeds; 2. That prior to approval of the Minor Plat by County Board, the portion of proposed Lot 1 of Boyle Subdivision zoned General Agriculture District (existing Lot L), be rezoned to a zoning district in which it will meet the minimum lot requirements; 3. That the acreage of the proposed lot be separated for each Lawrence County and Pennington County and shown on the plat document and the plat heading include Lawrence County in the legal description in accordance with the Department of Equalization’s comments; 4. That the typos on the plat document be corrected to “Formerly Lots 1 & 2 of Lot M of Trout Haven Subdivision and Lot L of the SW¼ of the SW¼…” in the plat heading and Lot 2 and Lot L in the detail inset in accordance with the Register of Deed’s comments; 5. That any access location changes be approved by the S.D. Department of Transportation, Custer Area, and the Certificate of Street Authority on the plat document be signed by DOT; 6. That prior to any dirt work or placement of any structure within the 100-year floodplain, a Floodplain Development Permit shall be submitted for review and approval; 7. That prior to the replacement, alteration or installation of any on-site wastewater systems on the proposed lot, an On-site Wastewater Construction Permit be obtained from the Pennington County Planning Department, which may also require review and approval from DENR if the system is non-conventional or to be used for commercial purposes; and, 8. That the existing on-site wastewater system servicing the single-family residence and guesthouse on existing Lot 2 of Lot M be reviewed and approved by DENR prior to utilizing these structures for any commercial purpose. Vote: Unanimous. L. FIRST READING AND PUBLIC HEARING OF REZONE / RZ 09-07 AND COMPREHENSIVE PLAN AMENDMENT / CA 09-05: Frank Boyle. To rezone 4.267 acres from General Agriculture District and Suburban Residential District to Highway Service District and to amend the Comprehensive Plan to change the Future Land Use from General Agriculture District and Suburban Residential District to Highway Service District in accordance with Section 508 of the Pennington County Zoning Ordinance. Lot 1 and Lot 2 of Lot M of Trout Haven Subdivision and Lot L of SW1/4SW1/4, all located in Section 7, T2N, R5E, BHM, Pennington County, South Dakota. MOVED by Trautman and seconded by Schmidt to continue this item to the October 20, 2009, Board of Commissioners’ meeting. Vote: Unanimous. M. FINAL PLAT / PL 09-24: Dallas Alexander. To create Lots 1 thru 7 of Slate Prairie Subdivision, Section 36, T1N, R3E, in accordance with Section 400.3 of the Pennington County Subdivision Regulations. EXISTING LEGAL: Lot 1, Tract Olson Parcel #1, Section 36, T1N, R3E, BHM, Pennington County, South Dakota. PROPOSED LEGAL: Lots 1 thru 7 of Slate Prairie Subdivision, Section 36, T1N, R3E, BHM, Pennington County, South Dakota. MOVED by Trautman and seconded by Kjerstad to accept Planning Commission recommendation to approve PL 09-24 with the following eight (8) conditions: 1. That a Floodplain Development Permit be obtained prior to any work within the 100-year floodplain boundaries; 2. That the work to be done within the boundaries of Slate Creek, on proposed Lot 1, be in compliance with the approved Floodplain Development Permit (01-16); 3. That prior to Final Plat approval, the 60-foot access easement and cul-de-sac be constructed to the approved construction plans or surety posted for the improvements; 4. That prior to filing the plat with Register of Deeds, the 60-foot access easement be named with approval from the Emergency Service Communications Center; 5. That prior to County Board approval of the Final Plat, the existing structure on proposed Lot 4 must be removed or post surety for the removal of the structure, or a Conditional Use Permit is obtained; 6. That each unit has an individual address that must be posted in accordance with Pennington County Ordinance Amendment #20; 7. That a Homeowner’s Association be formed within 1 year after the date of the filing of the Final Plat to maintain the interior roads within the development; and, 8. That an advanced treatment unit be utilized in any area that will not support a conventional system. Vote: Unanimous. N. FIRST READING AND PUBLIC HEARING OF ORDINANCE AMENDMENT / OA 09-02: Pennington County. Clean Water Ordinance. MOVED by Schmidt and seconded by Trautman to continue this item to the November 3, 2009, Board of Commissioners’ meeting. Vote: Unanimous. O. FIRST READING AND PUBLIC HEARING OF ORDINANCE AMENDMENT / OA 09-05: Pennington County. To amend Sections 208-F and 314 of the Pennington County Zoning Ordinance. MOVED by Holbrook and seconded by Trautman to accept Planning Commission recommendation to approve OA 09-05 to amend Section 208-F of the Pennington County Zoning Ordinance. Holbrook called the Question. Vote on the Question: Yes: Holbrook, Kjerstad, Trautman, Young. No: Schmidt. Passes 4 to 1. Vote on the Motion: Unanimous. MOVED by Trautman and seconded by Schmidt to continue OA 09-05 Section 314 of the Pennington County Zoning Ordinance to the October 20, 2009 Board of Commissioners’ meeting so that the county commission may obtain a legal opinion. Vote: Unanimous. P. FIRST READING AND PUBLIC HEARING OF ORDINANCE AMENDMENT / OA 09-06: Pennington County. To amend Sections 400 and 500 of the Pennington County Subdivision Regulations. MOVED by Trautman and seconded by Holbrook to continue this item to the October 20, 2009 Board of Commissioners’ meeting so the county commission may obtain a legal opinion. Vote: Unanimous. Commissioner Holbrook leaves the meeting at 1:26 p.m. PERSONNEL Sheriff: Effective September 28, 2009: Adam Humphrey, $3,241; Jessica Zellar, $3,241; Kelly Trowhill, $3,241; Aaron Douthwaite, $3,241; Effective September 8, 2009: Stephanie Leber, $14.65 per hour; Effective September 1, 2009: Thomas Stewart, $2,901. Health & Human Services: Effective October 26, 2009: Terry Krebs, $3,574; Effective October 19, 2009: Jessica M. Harrison, $2667. PAYROLL Commissioners, 13,092.16; Elections, 11,866.98; Auditor, 17,742.07; Treasurer, 47,769.43; Data Processing - Law, 5,586.44; Data Processing - General, 32,854.67; State's Attorney, 121,488.56; Public Defender, 82,538.89; Juvenile Diversion, 13,312.12; Victim's Assistance, 11,148.35; Buildings & Grounds, 93,226.44; Equalization, 63,955.93; Register of Deeds, 24,004.36; Sheriff, 273,911.64; Courthouse Security, 8,023.88; Service Station, 9,699.12; Arrest Grant, 10,801.79; HIDTA Grant, 9,752.77; CARE Budget, 11,798.08; Jail, 389,296.30; Jail Work Program, 4,710.85; Jail Medical, 2,940.34; Jail Maintenance, 10,920.35; Hill City Law, 11,643.94; Keystone Law, 5,285.890; New Underwood – Law, 3,956.26; School Liaison, 19,817.67; Wall Law, 10,716.66; JSC Teachers, 26,346.39; Home Detention, 7,332.35; Alcohol & Drug, 128,511.84; Friendship House, 32,741.22; Prevention Program, 6,194.41; 24-7 Program, 18,261.97; Dispatch, 152,863.68; Ordinance, 3,241.25; Economic Assistance, 38,333.08; Mental & Alcohol-SAO, 6,988.41; Mental & Alcohol-HHS, 3,166.41; Extension, 3,954.42; Weed & Pest, 16,030.06; West Nile, 432.25; Planning and Zoning, 18,570.03; Water Protection, 3,939.50; Juvenile Services Center, 256,244.36; JSC Maintenance, 5,490.33; Highway, 190,964.07; Drug Seizure, 5,668.93; Fire Administration, 6,405.49; Emergency Management, 8,027.75; Emergency Management, 1,240.09. 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 September 25, 2009: Total balances of checking/savings accounts, $18,633,902.19; Total balance of Treasurer’s Office safe cash, $7,100.00; Total certificates of deposit, $6,807,313.05; Total Prime Value Investment, $2,993,561.89; Total petty cash, $110,815.00; Total cash items/net NSF checks, $596.47; Total long/short, $1,500.73; Total, $28,551,787.87. Submitted by Liz Kuehn, Deputy Auditor. VOUCHERS A & B Business Equipment, 77.95; A & B Welding Supply Co, 171.02; A To Z Shredding Inc, 10.05; Ace Steel And Recycling, 20.46; Active Data Systems Inc, 613.54; Ainsworth-Benning, Inc, 43,920.20; Amerigas, 3.18; Angel Automotive, Inc, 148.20; Anker Law Group, PC, 1,621.10; Apria Health Care, Inc, 259.00; Atlas Business Solutions, 510.00; Audette, Elizabeth T, 250.00; Badger Plumbing &, 744.60; Badlands Automotive, 103.74; Bailey JD & MP Merryman, 7.87; Ball, Kent, 49.60; Bangs, Mccullen, Butler, 762.57; Banks, Bridgette R, 708.75; Behavior Management, 240.00; Behrens Mortuary, 1,660.00; Belgarde Enterprises, Inc, 240.00; Best Business Prdcts Inc, 1,060.62; BH Chemical Company Inc, 1,436.54; BH Neurology, 65.09; BH Orthopedic &, 196.07; BH Wilbert Vault, 295.00; Bierschbach Equipment, 355.00; Binder, Sean A, 120.00; Bob's Muffler Service, 89.95; Boetel, Brenda, 26.00; Border States Electric, 786.00; Bowman Tire & Auto Repair, 426.30; Brant, Annette, 411.20; Brink-Gluhosky, Michele, 283.11; Broderick, Rich, 371.43; Carbajal, Anthony, 69.00; Carquest Auto Parts, 169.66; Cbcinnovis, Inc, 55.50; Cbm Food Service, 51,932.28; Chemsearch, 558.07; Chris Supply Co Inc, 650.58; City Of Rapid City, 9,473.50; Colhoff- Glover, Linda, 81.00; Communication Services, 78.00; Community Health Center, 20,011.02; Contractors Supply, 45.00; Copy Country, 44.11; Council Of Substance, 892.91; Craig Properties, 240.00; Crescent Electric Supply, 375.14; Cretex Concrete Products, 34,104.00; Crum Electric Supply, 796.46; D & F Truck And Auto, 82.16; Dakota Business Center, 2,441.47; Dakota Plains Legal Srvs, 15,500.00; Dale's Tire, 683.62; Demers, Matt, 24.00; Demersseman Jensen, 2,388.70; Denevan, James, 3,309.00; Dennis Supply - RC, 474.18; Diesel Machinery Inc, 794.31; Diggins, Thomas, 54.40; Disney's Yacht Club Resrt, 469.14; Doorn, Charlene, 349.00; Doud, Lila, 45.00; Dreamdak Holding LLC, 240.00; E & J Specialties, Inc, 260.96; E.F. Johnson Company, 71.43; Eagles's Ride Equine, 300.00; Ecolab Pest Elimination, 235.50; Election Systems, 7,638.75; Enviromaster, Inc, 105.00; Environmental Chemical, 1,020.20; Evergreen Office Products, 220.09; Executive Mgmt Fin Office, 78.76; Fastenal Company, 45.52; Fiferman, Leslie, Ph.D., 1,500.00; Flooring America, 5,111.25; Fode, Kerley Mageski, 240.00; Foley's Custom Print, 1,537.00; Fred Pryor Seminars, 199.00; Fresh Start Carpet Care, 485.00; Frontier Auto Glass, LLC, 156.12; Frontier Commercial, 456.50; Global Equipment Company, 326.75; Godfrey Brake Service, 721.92; Golden West Technologies, 1,444.05; Good-Mitzel, Melissa, 81.00; Graphics Plus, 220.19; Great Western Tire Co Inc, 440.50; Grimm's Pump Service Inc, 714.36; Gunderson,Palmer,Goodsell, 324.87; Gustave A Larson Company, 147.20; Hansen, Roger, 100.00; Hanson, Dennis, 270.00; Harms Oil Company, 19,290.85; Hasler Inc, 68.85; HD Supply Waterworks, 788.06; Heartland Paper Company, 1,123.91; Hein, Cheryl, 1,610.00; Highway Safety Zone, Llc, 962.50; Hills Materials Co, 258,044.37; Hillyard/Sioux Falls, 297.52; Hoffman, Fredrick Dustin, 1,505.00; Indoff Inc, 243.50; Industrial Supply Co Inc, 323.62; Interstate All Battery, 398.32; Interstate Batteries, 373.80; Janet Wattles Center, 154.17; Janz, Donald A, 1,100.00; JD Evans Equipment Inc, 654.66; Jefferson Partner LP, 438.25; Jenner Equipment, 19.10; Jensen, Dee, 135.00; Johnson Machine Inc, 1,078.65; Junge, Hiene, 222.60; Kappedal, Jean, Csr, 900.45; Kieffer Family Dental, 1,536.00; Kimball Midwest, 324.52; King Environmental Prod., 2,393.55; Klapperich, Donna, 2,000.00; Knecht Home Center Inc, 19.58; Kone Inc, 13,580.00; Kreisers, Inc, 50.00; KT Connections, 105.50; Language Line Services, 131.53; Lawson Products Inc, 148.92; Lewis Drug Stores-SF, 45.99; Lewis, Laura, 81.00; Linweld, 234.59; Little Print Shop Inc The, 229.00; Lutke, Neal, 74.20; M & M Fencing, 10,777.00; Macerich Property, 500.00; Maher, William, 262.00; Makepeace, Sean, 81.00; Mareska, Richard, 49.00; Marx-Casey, Deborah G, 600.00; Masters Awards, 245.24; Matco Tools, 52.57; Maxon, Theresa, 1,225.00; McGas Propane LLC, 191.00; Meade County, 75.20; Menards, 69.31; Mercy Housing SDL-LLC, 94.00; MG Oil Company, 1,623.77; Montana Dakota Utilities, 288.21; Moran, Patty, 2,800.00; Morgan, Randy, 22.00; Morrison, Sarah, 24.40; Moss, William A, Psyd,LLC, 425.00; Motorola Inc - Chicago, 2,940.00; Moyle Petroleum, 9,826.06; Mt Rushmore Telephone Co, 58.00; Murphy, John R, 927.95; NAED, 100.00; Nat'l Assoc Of Youth Crts, 275.00; Neve's Uniforms Inc, 54.90; Newkirk's Ace Hrdwre-East, 136.88; Newkirk's Ace Hrdwre-West, 451.74; Niemann, Ross, 72.00; North Central Supply Inc, 170.00; Northwest Pipe Fitting In, 151.07; OCCIC, 13.00; Officemax Incorporated, 470.14; Overhead Door Co Of RC, 101.75; Pacific Steel & Recycling, 54.00; Paradis Properties LLC, 440.00; Penn Co Equalization, 74.63; Penn Co Extension, 29.88; Penn Co Firefighters, 3,264.00; Penn Co States Atty, 226.00; Penn Co Treasurer, 10.00; Pennington County Housing, 99.00; Pete Lien & Sons Inc, 2,040.71; Petro Tech, Inc, 1,149.54; Pioneer Enterprises Inc, 2,910.00; Pleasant Hill Village Apt, 480.00; Plumbmaster Professional, 71.35; Powell, Michael, 200.00; Power House Honda, 49.95; Pratt, Linda, 81.00; Pressure Services Inc, 237.97; Price Motel, 285.00; Promo Direct, 2,190.82; Psychological Evaluations, 650.00; Quill Corporation, 184.05; Qwest, 8.05; Radiology Associates, 48.43; Rangel, Elisa, 500.00; Rapid Chevrolet Co Inc, 137.94; Rapid Creek Partners, 190.00; Rapid Diesel Service, 956.01; Rapid Diesel, Inc, 612.48; Rapid Towing, 51.00; Rapid Valley Sanitary, 28.35; RC Area School Dist 51-4, 195.21; RC Emergency Services, 446.67; RC Fire & Emergency Srvcs, 671.69; RC Journal, 2,244.62; RC Police Dept-Evidence, 2,027.43; RC Regional Hospital, Inc, 20,542.85; RC Regional Hospital, Inc, 291.25; RC Rentals, 190.00; RDO Equipment Co, 2,123.85; Record Storage Solutions, 556.65; Recyclingbin.Com, 687.00; Reed, Jami, 81.00; Repair Shop The, 41.13; Robotronics, 4,098.00; Rochester Armored Car, 365.57; Roger Frye's Paint Supply, 886.76; Romey, Karen, 57.00; Ron's, 52.00; Sargent, Lori, 81.00; Scherr, Ron, 81.00; SD Dept Of Revenue, 207.00; SD Dept Of Transp-Finance, 5,279.98; SD Div Of Motor Vehicles, 14.00; SD Federal Prop Agency, 454.00; SD Ltap, 140.00; SD Municipal League, 15.00; SDACO, 10.00; SDSU CES, 90.00; Servall Uniform/Linen Co, 2,784.54; Sherwin Williams Paints, 265.21; Sierra Rescue, 3,540.00; Sign Express, 705.67; Simon Contractors, 1,097.25; SKC Communication Product, 32.69; Solar Sound, 949.34; South Dakota Rose Inn, 262.00; Specialty Installation Ll, 335.59; Spectrum Research And, 5,000.00; Sprinkler Guys, Inc, 173.36; State Industrial Products, 252.67; Stephens, Matthew, 2,948.00; Storm Mountain Center, 368.00; Sturdevant's Auto Parts, 168.48; Summit Signs & Supply Inc, 413.00; Super 8 Huron, 467.28; Teal, Nance, 141.60; Tessco Incorporated, 4,781.04; Think! Toner And Ink, 330.00; Thompson, Michael, 936.00; Tire Muffler Alignment, 15.30; Twilight First Aid &, 112.10; TWL Billing Service &, 160.00; Unitrol/Stinger Spike Sys, 379.48; University Of Minnesota, 1,451.59; University Physicians Inc, 206.92; US Postal Service, 14,500.00; UU/ Inc, 482.85; Verizon Wireless, 144.59; Walker Napa Auto Parts, 85.76; Wall Building Center, 17.98; Warne Chem & Equip Co Inc, 14.95; Watertree, Inc, 661.50; Wells Fargo Bank-Box 3446, 18.00; West Payment Center, 1,230.86; West River Electric, 273.92; West River Intrntnl Inc, 61.79; Western Communication Inc, 780.20; Western Construction, Inc, 16,080.00; Westmed Rehab Inc, 167.50; Whisler Bearing Co, 534.00; White, Alexa, 69.00; Williams Oral & Maxillo-, 3,021.00; Winger, Tom, 100.00; Winter, Paul R, 789.30; WKC Enterprises, 165.00; Young, Deanna, 81.00; Zep Manufacturing Company, 190.30; Ziggy's, 3,968.64; First Interstate Bank, 4,732.99; Payflex Systems USA, 370.99; Cardmember Services, 43.28; Knology, 6,363.69; Alltel, 1,584.92; BH Power, 11,475.17; City of RC-Water, 15,174.26; MDU, 1,253.28; Qwest, 7,311.08; Verizon, 4,769.23; Pioneer Bank, 2,924.40; Fleet Services, 2,129.27; City of Hill City, 26.66; City of Wall, 133.50; Fish Garbage, 44.84; First Administrators, 266,128.90; Golden West Co, 763.08; Mt Rushmore Telephone, 42.86; Harland Clark, 36.00; Merchant NPR, 715.03. ADJOURN MOVED by Schmidt and seconded by Trautman to adjourn the meeting at 1:30 p.m. Vote: Unanimous. Julie A. Pearson, Auditor Published once at the total approximate cost of _______________. Publish: October 21, 2009 October 6, 2009 - 1 -