PENNINGTON COUNTY BOARD OF COMMISSIONERS MINUTES October 20, 2009 A meeting of the Pennington County Board of Commissioners was held on Tuesday, October 20, 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 Trautman and seconded by Holbrook to approve the agenda with the following revisions/additions: reschedule Items from Treasurer, Wall Driver’s Licenses to the November 3, 2009 Board of Commissioners’ meeting. Vote: Unanimous. REVIEW OF MINUTES MOVED by Holbrook and seconded by Trautman to approve the minutes of the October 6, 2009 Board of Commissioners’ Meeting. Vote: Unanimous. ITEMS FROM AUDITOR A. 9:15 A.M. ACCUMULATED BUILDING HEARING SUPPLEMENT SP09-014: MOVED by Trautman and seconded by Holbrook to approve an Accumulated Building Fund supplement to the County Library Project budget in the amount of $1,000,000 from cash reserves. Vote: Unanimous. B. CANCELLATION OF OUTSTANDING CHECKS OVER ONE YEAR OLD: MOVED by Schmidt and seconded by Kjerstad to authorize the Auditor’s Office to cancel the following list of outstanding checks and to remit the total dollar amount of $6,086.89 to the State Treasurer in accordance with State statute: Fidelity National Title, Check No. 61963, 12.00; Fidelity National Title, Check No. 61964, 38.00; Charlton, Kenneth, Check No. 62601, 10.64; Edmonds, Charles, Check No. 62614, 26.00; Harper, Alex, Check No. 62653, 13.20; Hurley, Bryan, Check No. 62670, 13.84; Myers, Deann, Check No. 62711, 13.84; Scott, David, Check No. 62746, 16.40; Weidenbach, Travis, Check No. 62772, 11.28; Brockett, Daniel, Check No. 62818, 5.31; Donahue, Timothy, Check No. 62827, 23.40; Glaze, Rodney, Check No. 63054, 5.08; Simmons, Kristina, Check No. 63096, 14.95; Best Rate Title Loan Co, Check No. 63263, 5.00; Moore, David, Check No. 63607, 20.00; Tobacco, Janelle, Check No. 63766, 20.00; Chasteen, Howard, Check No. 63904, 8.18; Rieb, Shy Annree, Check No. 64075, 21.10; Hummi, Dave, Check No. 64787, 2.73; Pushing, Cynthia, Check No. 64835, 50.00; Black Hills FCU, Check No. 64914, 10.00; Claggett, Robert, Check No. 64923, 5.00; Muldoon, Christina, Check No. 64937, 6.41; Brownell, Todd, Check No. 64954, 17.50; State Farm Bank, Check No. 65041, 10.00; Degeest, Loren, Check No. 65607, 4.18; Ymker, Randy, Check No. 65641, 3.00; Cortrust Bank NA, Check No. 65664, 10.02; Guinn, Milton, Check No. 65755, 19.38; Nelson, Elmer, Check No. 66019, 10.01; Wells Fargo Financial Bnk, Check No. 66041, 10.00; American General Financia, Check No. 66044, 5.00; Johnson, Amy, Check No. 66747, 6.65; Brown, Gary, Check No. 66789, 17.50; Clemmer, Jerry, Check No. 66793, 11.67; Forney, Tyra, Check No. 66889, 14.44; Mueller, Jennifer, Check No. 66924, 17.40; Roberts, John, Check No. 66934, 43.53; Whitehead, Jesse, Check No. 66993, 11.00; Bordeaux, Bridget, Check No. 67186, 20.00; Conti, Russell, Check No. 67822, 13.70; Foltzhall, Candance, Check No. 67834, 13.70; McGraw, Gerald, Check No. 67889, 17.40; Taylor, Trent, Check No. 67932, 12.22; Vallery, Tara, Check No. 67940, 62.96; Eichler, Lynn, Check No. 68676, 18.72; Branich, Zach, Check No. 68733, 20.00; Eppard, James, Check No. 68941, 3.00; Pulkrabek, Cole, Check No. 69259, 11.48; Korang, Lori, Check No. 69653, 20.00; Lenders First Choice, Check No. 69917, 8.00; Countrywide Financial, Check No. 69973, 12.00; Countrywide Financial, Check No. 69974, 12.00; Countrywide Home Loans, Check No. 69988, 14.00; Countrywide Home Loans, Check No. 69989, 12.00; Countrywide Home Loans, Check No. 69990, 12.00; Countrywide Home Loans, Check No. 69991, 12.00; Countrywide Home Loans, Check No. 69992, 12.00; Whitney, Walter, Check No. 70049, 5.00; Erickson, Warren, Check No. 70061, 15.00; Ellingson, Jason, Check No. 70106, 13.70; Metz, Rocky, Check No. 70154, 59.62; Phillips, Diana, Check No. 70174, 54.44; Trotter, Brett, Check No. 70198, 13.70; American General Financia, Check No. 70838, 5.00; Cutter, Robert, Check No. 70855, 18.88; Clark, Lindsay, Check No. 70942, 14.44; Cross, William, Check No. 70946, 12.22; Deay, Michael, Check No. 70948, 11.48; American General Financia, Check No. 71138, 5.00; S&D Rentals, Check No. 71212, 62.50; Nelson, Lloyd, Check No. 71235, 37.37; Black Bear, Tessie, Check No. 71369, 20.00; Hall, Dustin, Check No. 71502, 20.00; Option One, Check No. 72023, 833.18; Braband, Robert, Check No. 72065, 12.96; Prang, Lynndon, Check No. 72179, 11.48; Rovere, Vicki, Check No. 72195, 45.54; Slater, Diana, Check No. 72208, 12.22; Kozlik, Susan, Check No. 72283, 13.19; Option One (ZC Sterling), Check No. 72291, 3,304.94; Oury, Lizbeth, Check No. 72292, 10.50; Herman, Rosa, Check No. 72663, 20.00; Albritton, Flora, Check No. 73017, 3.50; Jensen, Doug, Check No. 73133, 14.29; Alston, Emerson, Check No. 73585, 17.40; Cales, Steven, Check No. 73604, 14.44; Crosbie, Amy, Check No. 73612, 28.50; Garr, Lonnie, Check No. 73627, 28.88; Keller, Michael, Check No. 73657, 11.48; Kimmel, Travis, Check No. 73659, 17.40; Schwan, Nicholas, Check No. 73719, 12.96; Sullivan, Carla, Check No. 73737, 11.48; Marks, Richard, Check No. 74305, 20.17; Gabel, Kenneth, Check No. 74460, 11.48; Schlather, Mary, Check No. 74532, 12.22; Tobias, Michael, Check No. 74537, 13.70; Black Hills Steel Erector, Check No. 74557, 30.90; Andersh, Christina, Check No. 108390, 334.81. Vote: Unanimous. ITEMS FROM EMERGENCY MANAGEMENT A. EMERGENCY MANAGEMENT ANNUAL UPDATE: MOVED by Schmidt and seconded by Trautman to allow County employees to volunteer for Emergency Management training practices during normal working hours receiving their regular salary. Vote: Unanimous. B. ANNUAL STATE & LOCAL AGREEMENT: MOVED by Holbrook and seconded by Trautman to approve and authorize the chairperson’s signature to the annual 2010 State and Local Agreement to acknowledge a Federal funding allocation for the operation of the Emergency Management Office. Vote: Unanimous. C. 2009 HOMELAND SECURITY GRANT (HLS): MOVED by Schmidt and seconded by Trautman to approve and authorize the chairperson’s signature to the FY 2009 Homeland Security Grant Program, CFDA 97.067 in the amount of $674,822.15. Vote: Unanimous. ITEMS FROM EQUALIZATION A. COST OF MOVE FROM COURTHOUSE: MOVED by Trautman and seconded by Holbrook to recognize that the expenses not covered by the already $150,000 budgeted for construction be supported from contingency and equipment reserve through later motions. Vote: Unanimous. ITEMS FROM FIRE ADMINISTRATOR A. HAUNTED HOUSE AT FAIR GROUNDS: MOVED by Holbrook and seconded by Schmidt to authorize Visionary Living to conduct a haunted house at the Soule Building abiding by the eleven conditions stated in the letter sent by the Fire Administrator to Visionary Living. Vote: Unanimous. Recess at 10:00 a.m. Resume at 10:10 a.m. ITEMS FROM HIGHWAY A. NOTICE OF PUBLIC HEARING TO REVISE THE OFFICIAL PENNINGTON COUNTY HIGHWAY SYSTEM (CON’T FROM 8-18-09): MOVED by Schmidt and seconded by Trautman to continue this item to the December 15, 2009 Board of Commissioners’ meeting. Vote: Unanimous. B. ADOPT-A-HIGHWAY PROGRAM – 225th STREET: MOVED by Holbrook and seconded by Trautman to approve and authorize the chairperson’s signature to a letter to the 28th Security Forces Squadron, Alpha Flight approving their request and advising of County policy regarding adopting a portion of 225th Street. Vote: Unanimous. C. SURPLUS EQUIPMENT: MOVED by Kjerstad and seconded by Trautman to approve that the following two items: (1) Payload Measurement System (Asset 003108); and, (2) Load Weighing System with Printer from Loader 1336 (Asset 005372); be declared surplus for the purpose of disposal after useable parts removed. Vote: Unanimous. D. RAPID VALLEY DRIVEWAY ISSUES: MOVED by Holbrook to authorize the Highway Department to remove all driveway curb line obstructions at no cost to the property owner due to impeding drainage in the Rapid Valley area. Motion dies for lack of a second. MOVED by Schmidt and seconded by Trautman to continue this item to the November 3, 2009 Board of Commissioners’ meeting. Vote: Unanimous. ITEMS FROM CENTRAL STATES FAIR A. REPAIRS AND MAINTENANCE REIMBURSEMENT: MOVED by Trautman and seconded by Holbrook to reimburse Central States Fair, Inc. $53,402.77 for repairs, maintenance and beautification that has been completed at the Pennington County Fairgrounds from allotted fund. Vote: Unanimous. B. REQUEST FOR THIRD QUARTER ALLOTMENT: MOVED by Kjerstad and seconded by Schmidt to authorize payment of the Central States Fair’s quarterly allotment of $16,750 for the period ending September 30, 2009. Vote: Unanimous. LIEN RELEASE REQUEST (CAH): MOVED by Schmidt and seconded by Trautman to authorize the County to take back the lien in the amount of $9,369.82 from CCB and collect payments from CAH (Names withheld per SDCL 28-13-42), as CAH has the ability to pay. Vote: Unanimous. Recess at 11:10 a.m. Resume at 11:18 a.m. SPEAKER REQUEST FORM MOVED by Holbrook and seconded by Trautman to authorize the states attorney to review the proposed Speaker Request Form and to readdress the issue at the November 3, 2009 Board of Commissioners’ meeting. SUBSTITUTE MOTION by Schmidt and seconded by Kjerstad to table this item. Vote on Substitute Motion: Yes: Kjerstad, Schmidt; No: Holbrook, Trautman, Young. Motion failed 3 to 2. Vote on Original Motion: Yes: Holbrook, Trautman, Young; No: Kjerstad, Schmidt. Original Motion passes 3 to 2. MISCELLANEOUS A. APPROVE VOUCHERS: MOVED by Trautman 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. ITEMS FROM PLANNING & ZONING A. APPEAL OF CONDITIONAL USE PERMIT / CU 09-30: Valiant Vineyards/Eldon Nygaard. To allow for an illuminated, on-premise sign within 1,500 feet of a residential zoning district and dwelling unit in a Highway Service District in accordance with Sections 210 and 510 of the Pennington County Zoning Ordinance. Lot F, Murray Subdivision, Section 21, T1S, R5E, BHM, Pennington County, South Dakota. MOVED by Holbrook and seconded by Trautman to accept staff recommendation to approve Conditional Use Permit 09-30 with the following eight conditions: 1. That the applicant amend the existing Sign Permit (SP #09-09) to indicate the sign will be lit; 2. That the sign must meet a minimum of a five (5) foot setback from the front property line and ten (10) foot setbacks from all side and rear property lines. Also, that no part of the sign or infrastructure used for lighting be placed in a right-of-way; 3. That all lighting be installed and maintained so as to minimize spillage of light outside of the sign face so as not to create a nuisance and the sign must be effectively shielded to prevent beams or rays from being directed toward any portion of the traveled ways, and must not be of such intensity or brilliance to cause glare or impair the vision of the driver of any motor vehicle or otherwise interfere with any driver’s operation of a motor vehicle; 4. That the sign conform to all regulations in Section 312 of the Pennington County Zoning Ordinance; 5. That only on-premise advertising be allowed on the existing sign and no off-premise advertising is allowed unless an approved Zoning Variance is obtained from the Pennington County Board of Commissioners waiving the distance to the nearest dwelling unit requirement; 6. That this Conditional Use Permit not be valid until the applicant signs the Statement of Understanding, which is available at the Planning Office; 7. That this Conditional Use Permit be reviewed in one (1) year or on a complaint basis to ensure that all conditions of approval are being met; and, 8. That the sign be shut off no later than 10:30pm. Vote: Unanimous. B. SECOND READING 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. MOVED by Trautman and seconded by Kjerstad to approve the second reading of PU 09-07 to reduce the rear yard setback from 25 feet to 15 feet. Vote: Unanimous. ORDINANCE NO. PUD 09-07 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, Village on the Green #2 Subdivision, Section 12, T1S, R7E, BHM, Pennington County, South Dakota. The Planned Unit Development Amendment use is hereby approved in accordance with the following condition: 1. To reduce the rear yard setback from 25 feet to 15 feet. Dated this 20th day of October, 2009. PENNINGTON COUNTY COMMISSION Brenda Young, Chairperson ATTEST: Julie A. Pearson, Auditor C. FIRST READING AND PUBLIC HEARING OF PLANNED UNIT DEVELOPMENT AMENDMENT / PU 09-08 AND REVIEW OF PLANNED UNIT DEVELOPMENT / PU 08- 13: Walter and Ruth Ann Jensen. To review a Resort Development and to amend the Planned Unit Development to allow for additional guests from 100 to 150 and add one RV site in accordance with Section 213 of the Pennington County Zoning Ordinance. Lot 1, Columbus South Subdivision, Section 17, T2N, R6E, BHM, Pennington County, South Dakota. MOVED by Holbrook and seconded by Schmidt to continue this item to the November 3, 2009 Board of Commissioners’ meeting. Vote: Unanimous. D. 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 Holbrook to accept Planning Commission recommendation to approve RZ 09-07 to rezone 4.267 acres from General Agriculture District and Suburban Residential District to Highway Service District and CA 09-05 to change the Future Land Use of the subject property from General Agriculture District and Suburban Residential District to Highway Service District. Vote: Unanimous. E. PLANNED UNIT DEVELOPMENT REVIEW / PU 08-01: Clair Voshall. To review a Planned Unit Development to allow three existing mobile homes, a home occupation, and outbuildings in accordance with Section 213 of the Pennington County Zoning Ordinance. Lot 1, Voshall Addition, Section 10, T2S, R6E, BHM, Pennington County, South Dakota. MOVED by Holbrook and seconded by Kjerstad to accept Planning Commission recommendation to approve PU 08-01 with the following sixteen (16) conditions: 1. That this Planned Unit Development allows for a 3.02 acre parcel with no more than three mobile homes, existing outbuildings and the manufacturing of portable storage sheds; 2. That if at any time one of the mobile homes becomes inhabitable, the property owner must remove it immediately; 3. That approval of this Planned Unit Development does not hold Pennington County liable for any damages and/or losses during the event of a flood; 4. That prior to County Board approval of the Planned Unit Development, the property owner submit information from a certified wastewater installer verifying the size of septic tank and location of the wastewater system servicing the three (3) existing mobile homes to be reviewed by the Environmental Planner; 5. That this Planned Unit Development be valid only for the current existing uses; any expansion or change that requires a Building Permit, the property must be rezoned; 6. That each mobile home be addressed and the addresses must be posted per Ordinance 20 Standards at both the road and driveway; 7. That a Floodplain Development Permit be obtained prior to the placement of any structure within the boundaries of the 100-year floodplain; 8. That the manufacturing and storing of the portable sheds be entirely located in the 1,530 square foot barn. No construction, storage or other business activities shall occur outside the existing structures on the property; 9. That the office be located in a 14 foot by 20 foot area within the residence; 10. That the home occupation be conducted entirely within the enclosed structures of the barn and residence with no outside storage of the portable sheds; 11. That the manufacturing of the portable sheds be between the hours of 8:00 a.m. and 6:00 p.m.; 12. That the portable sheds measure a maximum of eight (8) feet by 14 feet; 13. That a minimum of four (4) off-street parking spaces be provided and that each parking space shall not be less than one hundred sixty two square feet, nor nine feet by eighteen feet, surfaced with gravel, concrete or asphalt and maintained in such a manner that no dust will result from continuous use; 14. That a minimum of one (1) 2 ABC fire extinguisher be located within the barn; 15. That the Planned Unit Development be reviewed in two (2) years or on a complaint basis; and, 16. That the Planned Unit Development not be valid until the applicant signs the Statement of Understanding. Vote: Unanimous. F. LAYOUT PLAT / PL 09-28: Harney Mountain, LLC. To create Lots 1-8 of Block 1; Lots 1-5 of Block 2; Lots 1-7 and Outlot A of Block 3; and Outlot B of Harney Mountain Estates in accordance with Section 400.1 of the Pennington County Subdivision Regulations. EXISTING LEGAL: GL 1, 3, 4, 7, 8, 9; PT of GL 2; PT of SE1/4NE1/4; February #2 Lode MS #667; GL 12 less Lot 2R of Tract A Home Sweet Home Placer MS #804 located in Section 33, T1S, R5E, and Part NW1/4NW1/4; GL 2 less Lot 2R of Tract A and less Revised Lot 3R of Tract A Home Sweet Home Placer MS #804 located in Section 34, T1S, R5E, BHM, Pennington County, South Dakota. PROPOSED LEGAL: Lots 1-8 of Block 1; Lots 1-5 of Block 2, Lots 1-7 and Outlot A of Block 3; and Outlot B of Harney Mountain Estates, Sections 33 and 34, T1S, R5E, BHM, Pennington County, South Dakota. MOVED by Holbrook and seconded by Kjerstad to accept Planning Commission recommendation to approve PL 09-28 with the following nineteen (19) 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 66 feet with a minimum driving surface of 24 feet or obtain approval of a Subdivision Regulations Variance waiving this requirement; 2. That prior to filing the Final Plat with Register of Deeds, the property must be rezoned to Limited Agriculture District; 3. That prior to filing the plat with Register of Deeds, Out Lot “A” and “B” must either obtain Lot Size Variances or be platted into the surrounding properties; 4. That at the time of submittal of the Preliminary Plat, the applicant must submit percolation test results and soil profile information for each lot within the development or obtain approval of a Subdivision Regulations Variance waiving this requirement; 5. That prior to County Board approval of the Preliminary Plat, the applicant must submit and obtain approval of engineered road construction plans for the interior roads within the development or obtain approval of a Subdivision Regulations Variance waiving this requirement; 6. That Prior to County Board approval of the Final Plat, a Noxious Weed Plan is signed; 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 Road District (for public rights-of-way) be formed to maintain the interior roads; 9. That at the time of Preliminary Plat submittal, a ten (10) foot utility and drainage easement be located along all property lines; 10. The 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 filing the Final Plat at Register of Deeds, a Homeowner’s Association be formed to maintain any common areas and private access easements within the development; 13. That at the time of submittal of the Preliminary Plat, the applicant submits a Fire Mitigation Plan to be approved by the Pennington County Fire Coordinator; 14. That at the time of submittal of the Preliminary Plat, the applicant submits topography at 5 foot intervals or obtains approval of a Subdivision Regulations Variance waiving this requirement; 15. That at the time of submittal of the Preliminary Plat, the applicant submits a site plan showing the location of all existing structures located on the property or obtains approval of a Subdivision Regulations Variance waiving this requirement; 16. 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 gallon per minute and any wells within the development or obtain approval of a Subdivision Regulations Variance waiving this requirement; 17. That both Equalization’s and Register of Deed’s comments be addressed on the Final Plat; 18. That prior to Final Plat submittal, the applicant address all issues in relationship to the railroad right-of-way; and, 19. That approval of this Layout Plat does not constitute approval of any further applications to be submitted for the above-described property. Vote: Unanimous. G. 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. Kjerstad left the meeting at 12:30 p.m. MOVED by Trautman and seconded by Holbrook to accept Planning Commission recommendation to approve OA 09-05 to amend Sections 208-F and 314 of the Pennington County Zoning Ordinance. Holbrook called the question. Vote on the Question: Yes: Holbrook, Trautman, Young; No: Schmidt. Motion passed 3 to 1. Vote on the Motion: Yes: Holbrook, Trautman, Young; No: Schmidt. Motion passed 3 to 1. MOVED by Holbrook and seconded by Trautman to move forward with today’s agenda. Vote: Unanimous. H. 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 accept Planning Commission recommendation to approve OA 09-06 to amend Sections 400.3, 500.5-1-a-3-a and Table 1, 500.6-1, and 500.9 of the Subdivision Regulations. Vote: Unanimous. I. PURCHASE OF VEHICLE – EQUIPMENT RESERVE SUPPLEMENT SP09-015: MOVED by Holbrook and seconded by Schmidt to schedule a hearing at 9:15 a.m. on Tuesday, November 3, 2009 to supplement the General Fund Planning budget in the amount of $18,465 from designated equipment reserves. Vote: Unanimous. Holbrook leaves the meeting at 1:10 p.m. 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 1:39 p.m. until 2:15 p.m. MOVED by Schmidt and seconded by Trautman to adjourn from Executive Session. Vote: PERSONNEL Sheriff: Effective September 28, 2009: Cynthia Weidenbach, $16.15/hr; Effective October 26, 2009: Sarah Hill, $23.30/hr; Effective September 1, 2009: Rebecca MacLanders, $3,089.81; Jennifer McClain, $3,244.27; Effective October 1, 2009: Jeromey Smith, $3,754.58; Effective October 26, 2009: Jennifer Fast Horse, $2,539. Buildings & Grounds: Effective October 27, 2009: Eric Stough, $2193.00. GENERAL FUND SURPLUS ANALYSIS The amount of General Fund dollars that counties can retain as surplus is restricted by SDCL 7- 21-18.1 which states: “The total unreserved, undesignated fund balance of the general fund may not exceed forty percent of the total amount of all general fund appropriations contained in the budget for the next fiscal year. The total unreserved, undesignated fund balance of the general fund of the county as of March thirty-first and September thirtieth shall be published in the minutes of the proceedings of the board of county commissioners and reported to the Department of Legislative Audit. The report shall be on forms prescribed by the Department of Legislative Audit.” The following analysis should be completed as of March thirty-first and September thirtieth of each year. Thereafter, the unreserved, undesignated fund balance amount should be published in the minutes of the governing board. This analysis should also be filed with the Department of Legislative Audit. Pennington County 30-Sep-09 ASSETS: 10200 Cash Change, 350,992.39; 10300 Petty Cash, 110,815.00; 10700 Restricted Cash in Banks, 6,556.45; 10800 Taxes Receivable—Current, 12,428,055.64; 11000 Taxes Receivable—Delinquent, 248,472.38; 11700 Accounts Receivable, 1,422,070.17; 12800 Notes Receivable, 3,359.00; 13200 Due from Other Government, 490,038.00; 13300 Advance to Other Fund, 0.00; 15100 Investments, 7,847,471.83; TOTAL ASSETS: 22,907,830.86. LIABILITIES AND EQUITY: 20200 Accounts Payable, 919,164.14; 21700 Payroll Withholding Payable, 0.00; 22400 Deferred Revenue, 13,169,925.02; FUND BALANCES: 27201 Designated for Next Year’s Appropriations, 6,310,038.50; 27202 Designated for Other Purposes (Specify), ITS Equipment, 83,850.00; Equipment Reserve, 242,837.00; Catastrophic Health Care, 125,000.00; Drainage, 6,556.00; Election Grant, 398.73; 27209 Undesignated, 2,050,061.47; TOTAL LIABILITIES AND EQUITY: 22,907,830.86. Following Year General Fund Budget, 49,816,657.00. The unreserved, undesignated fund balance, account 27209, divided by the following year General Fund budget resulting in the fund balance percentage, 4.12%. VOUCHERS Knology, 1,389.54; Pioneer Bank, 9,122.79; First Interstate Bank, 444.60; Fleet Services, 7,082.36; BH Power Inc, 38,719.16; Verizon, 408.37; City of Rapid City, 2,326.77; FSH Communications, 60.00; Kieffer Sanitation, 2,637.99; Montana Dakota Utilities, 171.05; Orbitcom Inc, 42.02; Golden West Co, 460.35; Midcontinent Communications, 55.00; SD Risk Pool, 2,189.36; State Remittance Center, 6,704.96; Executive Mgmt Fin Office, 8.97; Walker Refus, 228,828.18; A & B Business Equipment, 287.66; A To Z Shredding Inc, 206.40; A-1 Auto Recyclers, 1,000.00; A-1 Sewer & Drain, Inc, 110.00; Abourezk, Charles, 200.00; Abrahamson, Ricky, 92.00; Ace Steel And Recycling, 57.64; Ackland, Dale, 20.00; Acornvac Inc, 310.70; Active Data Systems Inc, 1,105.17; Adams Machining, 285.00; Air Works, 20.89; Alcopro, 969.13; Alpenglow Management, Inc, 270.00; American Correctional, 7,800.00; Americinn Motel, 2,040.00; Amerigas, 49.83; Andersen, Norma J, 15.00; Apria Health Care, Inc, 643.06; Badlands Automotive, 263.59; Bailey JD & MP Merryman, 22,832.72; Bailey JD & MP Merryman, 812.50; Bangs, Mccullen, Butler, 131.20; Banks, Bridgette R, 832.50; Bargain Printing, 2,622.72; Barnier, Greg, 1,946.50; Baysinger, Barbara J, 190.00; Behavior Management, 19,220.86; Best Business Prdcts Inc, 1,914.14; Best Western Ramkota Hotl, 246.00; BH Ammunition Inc, 6,860.00; BH Chemical Company Inc, 5,323.84; BH Obstetrics And, 203.68; BH Orthopedic &, 1,147.88; BH Pediatrics, 498.00; BH Pest Control, Inc, 255.00; BH Power Inc, 1,083.68; BH Powersports, 73.98; BH Services Inc, 526.34; BH Surgery Center, 915.53; BH Surgery Center, 128.00; Biegler, Greg Lpc,CCDC II, 180.00; Bierschbach Equipment, 2,555.16; Big D Oil Co, 37.67; Binder, Sean A, 120.00; Blake's Trailer Sales, 180.00; Bob Barker Company Inc, 3,047.23; Bob's Muffler Service, 185.87; Bock, Michael, 28.00; Bowman Tire & Auto Repair, 48.00; Brevik Law Office Prof LL, 211.58; Brinkman, Dennis, 79.47; Brule Co Auditor, 90.00; Business Equip Finance, 427.19; Cabela's Mktg & Brand Mgt, 159.99; Canyon Business Products, 2,348.83; Carbajal, Anthony, 66.00; Carbones' Custom Firearms, 3,273.50; Career Learning Center, 15.00; Carlson, Jean, 676.80; Carol Butzman Consulting, 15,597.83; Carper, Nichole, 106.60; Carpet Mill Outlet, 11.98; Carquest Auto Parts, 399.28; Cash-Wa Distributing, 359.15; CBM Food Service, 35,817.74; CDW Government Inc, 188.61; Center For Restorative, 800.00; Chemsearch, 890.83; Chris Supply Co Inc, 901.79; City Of Chamberlain, 150.00; City Of Philip, 7,155.00; City Of Rapid City, 19,438.30; City Of Rapid City -Water, 253.65; Claims Associates Inc, 5,000.00; Clark Printing, 338.00; Clark, Tana, 232.63; Climis, Kevin, 109.39; Coca-Cola Bottling Co Of, 408.00; Colbath, Angela M, 2,642.71; Colhoff-Glover, Linda, 32.40; Color Mystique, 95.00; Community Health Center, 767.54; Cook's Correctional Kitch, 1,667.87; Copy Country, 147.00; Costello, Porter Et Al, 1,106.80; Crescent Electric Supply, 157.62; Croell Redi-Mix Inc, 312.50; Crop Production Service, 2,677.25; Crum Electric Supply, 193.50; D & R Service Inc, 1,236.03; Dakota Business Center, 804.18; Dale's Tire, 2,717.57; Dalton, Dawn, 39.84; Dash Medical Gloves, Inc, 898.50; Davis, Lester, 456.30; De's Oil & Propane, 120.05; Diamond Medical Supply, 19.22; Diamond Pharmacy Services, 27,573.83; Diamond Vogel Paint Cntr, 363.86; Diesel Machinery Inc, 598.25; Dietrich, Donna, 366.32; Dlorah, Inc, 675.00; Door Security Products, 1,544.73; Dreamdak Holding Llc, 270.00; Eastern Penn Conservation, 8,675.00; Eccleston, Dave, 432.74; Eddie's Truck Sales, 88,528.60; Ekeren, Marv, 15.00; Ergometrics, 100.00; Evans, John, 40.24; Exxon Mobil Fleet, 261.42; Exxon Mobil Fleet, 59.62; Fairbanks, Rhonda, 73.00; Family Thrift Center Inc, 341.32; Farmer Brothers Coffee, 526.15; Fastenal Company, 194.14; Federal Express, 23.16; Feehan & Cline, Pc, 2,978.88; Fiferman, Leslie, Ph.D., 3,100.00; Firestone Complete Auto, 1,134.92; Flanagan, Greg, 762.40; Fleet Services, 150.71; French, Jean M, 364.00; Frontier Auto Glass, Llc, 1,411.82; Frontier Commercial, 201.94; Frontier Precision Inc, 893.46; Frontier Property Mngmnt, 240.00; G4S Justice Services, Inc, 948.00; Geib, Elston, Frost Pa, 4,722.29; Global Equipment Company, 2,398.94; Godfrey Brake Service, 379.65; Golden West Companies, 77.76; Golden West Technologies, 587.50; GPPS, LLC, 815.00; Graffitti's Car Wash, 12.58; Grainger-841964646, 22.09; Great Western Tire Co Inc, 2,737.54; Grimm's Pump Service Inc, 1,858.93; Grode, William R, 1,011.16; Gustave A Larson Company, 15.08; Hagen Glass Company, 296.86; Haggerty, Tom, 20.00; Hansen & Hubbard, 90.20; Harms Oil Company, 17,232.66; Harveys Lock Shop, 356.14; Hasler Inc, 255.00; Heartland Paper Company, 2,707.83; Hebron Brick Supply Co, 36.15; Hein, Cheryl, 805.00; Herd's Ribbon & Laser, 2,644.25; Hewlett-Packard, 3,234.00; Hill City Public Library, 6,051.25; Hills Materials Co, 94.72; Hiway Hardware & Bldg, 7.98; Hoffman, Audrey, 25,000.00; Holbrook, Gale, 447.70; Holleran, Chris, 20.00; Hoppensperger, Ashlaeigh, 20.00; Horn, Garrett J, 196.60; Horst, Alan, 1,600.00; Humane Society Of The BH, 3,500.00; Hunt, Harold, 190.00; Huyck, Phillip, 55.20; IC Solutions, 165.25; Ikon Office Solutions, 125.48; Impressions Rubber Stamp, 49.90; Indoff Inc, 1,541.25; Industrial Supply Co Inc, 209.20; Integrated Weed Control, 32,000.00; Interstate All Battery, 714.39; Interstate Batteries, 230.90; Intoximeters Inc, 3,475.50; Inventory Trading Company, 139.00; J & J Asphalt Co, 8,084.27; Jefferson Partner Lp, 566.58; Jeffries, James L, 371.80; Jenner Equipment, 379.73; Jensen, Dee, 150.00; JJ's Engraving & Sales, 65.00; Johnson Controls, 8,710.00; Johnson Machine Inc, 1,220.96; Johnson's Carpet, 1,045.00; Kabeiseman & Pollard, 170.00; Kappedal, Jean, Csr, 950.00; Karl's Appliance, 79.80; Kennedy, Pamela L, 15.00; Kennedy, Rokahr, Pier, 418.80; Keystone City Hall, 2,187.50; Kieffer Family Dental, 110.00; Kimball Midwest, 509.38; Kitchenstuff.Com, 377.61; Knecht Home Center Inc, 907.24; Knology, 547.47; Kone Inc, 4,966.35; KT Connections, 499.00; L-3 Communications, 22,550.00; Lakota Community Homes In, 223.00; Lawson Products Inc, 447.72; Lecompte, Richard, 20.00; Lewis & Clark Mental, 710.00; Lewis, Paul A, 985.00; Lincoln County Auditor, 459.00; Little Print Shop Inc The, 333.86; Lopez, Amanda, 127.15; Lowe's, 78.00; Lutz, Bruce, 28.00; Magee Law Office, LLC, 574.00; Manlove Psychiatric Group, 1,208.37; Maxon, Theresa, 1,365.00; May, Johnson, Doyle, 1,673.04; Mayer, Donna, 275.18; McGowan, Wendy T, 3,596.16; McKie Ford Inc, 531.14; McLane, Terry, 87.00; McLeod's Printing Inc, 149.80; Meade County, 27.60; Medical Waste Transport,, 547.99; Medicap Pharmacy, 245.01; Medicap Pharmacy - St Pat, 1,676.58; Medline Industries Inc, 137.11; Menards, 68.68; MG Oil Company, 418.10; Mickel, Charles, 852.80; Mikelson Law Offices, 167.59; Montana Dakota Utilities, 51.06; Moore Medical Corp, 1,593.91; Morman Law Firm, 192.70; Morrison, Dustin, 198.85; Morse Watchmans Inc, 311.50; Motive Parts & Supply Inc, 154.89; Motorola Inc - Chicago, 6,047.28; Moyle Petroleum, 14,294.46; Nat'l Institute Of Ethics, 12,500.00; Nat'l Tactical, 150.00; Neve's Uniforms Inc, 2,051.10; Newkirk's Ace Hrdwre-East, 481.86; Newkirk's Ace Hrdwre-West, 253.64; Nordstrom, Ray, 60.00; North Central Supply Inc, 1,680.00; Northern Truck Equipment, 628.26; Northwest Pipe Fitting In, 2,529.30; Notable Corporation, 1,048.68; NRA-Lead, 525.00; O'Day, Valarie, 130.80; O’Reilly Auto Parts, 11.82; O.D. Taragin & Bros, LLC, 545.40; Occupational Health Netwk, 25.00; Officemax Incorporated, 265.23; Opus III - VII, 113.34; Overhead Door Co Of RC, 448.66; Pacific Steel & Recycling, 125.24; Paradis Properties Llc, 365.00; Parks, Ashlie, 40.00; Parkway Spotless Car Wash, 9.00; Penn Co Council On Aging, 10,223.00; Penn Co Extension, 38.87; Penn Co Health & Human Sv, 29.50; Penn Co Highway, 98.00; Penn Co JSC, 52.93; Penn Co Juv Diversion, 59.54; Penn Co Sheriff, 2,251.90; Penn Co Treasurer, 11.31; Pennington County Courant, 923.75; Pennington Title Company, 450.00; Pete Lien & Sons Inc, 5,415.46; Peterson, Kathy, 69.00; Peyton, Kevin, 20.00; Phelps, Terri, 380.00; Pillen, Joan, 42.40; Pine Lawn Memorial Park, 1,250.00; Pioneer Enterprises Inc, 1,450.00; Ponderosa Sportswear, 109.53; Porath, Laura, 20.00; Powder River Office, 570.99; Power House Honda, 21.96; Pruss, Tina, 733.40; PSI Health Care Inc - Mn, 15.00; Psychological Evaluations, 150.00; Quantum Labs Inc, 239.30; Quill Corporation, 564.88; Qwest-Seattle, 7,094.29; Qwest/T-Nex, Inc (TX), 15.32; R & B Supply Co Inc, 221.93; Radiology Associates, 155.30; Rangel, Elisa, 500.00; Rapid Chevrolet Co Inc, 696.36; Rapid Collision, 306.73; Rapid Leasing, 367.60; Rapid Valley Sanitary, 74.17; Rapidcare, 53.00; RC Area School Dist 51-4, 2,019.72; RC Emergency Services, 93.52; RC Fire & Emergency Srvcs, 222.95; RC Journal, 2,420.02; RC Laundry & Dry Cleaners, 41.82; RC Police Department, 294.82; RC Regional Hospital, Inc, 30,317.74; RC Regional Hospital, Inc, 548.10; RC Winair, 92.10; RDO Equipment Co, 89.95; RDO Equipment Co, 1,202.54; Record Storage Solutions, 614.80; Redetzke, Marilyn, 190.00; Redwood Biotech, Inc, 5,629.94; Redwood Toxicology, 621.14; Reeves, Tom, 180.00; Regional West Medical, 1,244.25; Rehfuss, Cathryn, 15.00; Reliable Office Products, 414.67; Repair Shop The, 421.14; Reuer, Allen, 1,540.00; Reule, John L, 125.00; Rhead, Brandy, 1,066.00; Rhodes Chemical Of The BH, 55.00; Ri-Tec Industrial Prodcts, 752.00; Rittberger, Shannon, 216.00; Ritz Camera, 20.07; Rohrich, Jeff, 270.00; Runnings Supply Inc, 63.93; Rushmore Communications, 1,583.15; Rushmore Dental Products, 142.80; Rushmore Safety Supplies, 82.70; Safety Benefits, Inc, 55.00; Sandberg, Ann G, 330.00; Scheels, 119.98; Schmidt Funeral Home, LLC, 1,632.00; Schmidt, Ethan, 348.92; Schneller, John Dr, 1,470.00; Schuft, Scott, 257.25; Script Logic, 1,958.00; SD Dept Of Labor, 4,851.00; SD Dept Of Revenue, 368.00; SD Human Services Center, 1,000.00; SD Ltap, 70.00; SD Rehabaction, Inc, 75.00; SDACO, 20.00; SDEMA, 60.00; SDSU Extension Service, 320.58; Servall Uniform/Linen Co, 696.78; Severson, Lori, 69.00; Sheehan Mack Sales, 92.58; Sherwin Williams Paints, 551.76; SHI Interntational Corp, 199.00; Shoener Machine & Tool, 115.00; Sign & Trophy/Westex, 16.00; Simpson's Printing, 530.65; Skinner, Matthew L, PC, 1,373.04; Smith, Justin, 246.83; Smoot & Utzman, 148.75; Snap-On Tools - Biers, 52.10; Solar Sound, 50.94; South Dakota Rose Inn, 460.00; Southern Hills Publishing, 938.98; Spangler-Blair, Mary, 50.00; Splash City, 13.98; Sportime, 200.84; Sprinkler Guys, Inc, 122.38; Stade, Alan, 15.00; Stan Houston Equipment, 38.67; State Property Management, 250.00; Stephens, Matthew, 400.00; Stewart, Cathy L, 40.00; Stonefield, Michael, 2,962.98; Street Heating Inc, 365.00; Sturdevant's Auto Parts, 916.26; Summit Signs & Supply Inc, 49.00; Swanda, Karen, 15.00; Swanson Services Corp, 254.16; Tapio, Galen, 20.00; Technology Center, 1,104.00; Terkildsen, Michelle, 20.00; Tessco Incorporated, 141.66; Thompson, Michael, 864.00; Thurman, Creighton, 318.34; Time Equip Rental & Sales, 317.90; Timekeeping Systems, Inc, 920.00; Tire Muffler Alignment, 360.13; Twilight First Aid &, 41.30; TWL Billing Service &, 981.00; Two Wheeler Dealer, 108.00; Tyler Technologies, 6,250.00; Uline, 499.42; Upper Knollwood Townhouse, 72.00; US Postal Service, 3,313.01; US Testing Equipment, 6,025.00; USDA Forest Service, 30.00; UZ Engineered Products, 1,378.28; Vanway Trophy & Awards, 12.00; VB Rapid Creek, 270.00; Vemco, 1,793.57; Verizon Wireless, 42.31; Video Service Of America, 101.12; Walker Napa Auto Parts, 500.76; Walker, Misti, 319.11; Wall Building Center, 75.61; Wall Community Library, 3,623.75; Walworth Co Sheriff, 77.40; Watertree, Inc, 536.68; Watson Law Office, P.C., 86.10; Weichmann, Cynthia, 649.75; Wessel, Al Jr, MD, 4,775.00; West Payment Center, 1,467.74; West River Electric, 712.20; West River Intrntnl Inc, 1,547.00; Western Communication Inc, 172.80; Western Construction, Inc, 117,920.00; Western Dakota Insrs Inc, 13.00; Western Mailers, 30.94; Western Stationers Inc, 0.00; Western Stationers Inc, 10,407.16; Whisler Bearing Co, 335.30; Williams Oral & Maxillo-, 205.35; Winner Police Dept, 324.40; Winter, Paul R, 694.90; Wolf, Ione, 298.75; Wolf, Victoria, 69.00; Wood Stock Supply, 21.38; Working Against Violence, 15,060.00; Yankton Co Sheriff Office, 200.00; Yankton County Treasurer, 830.00; Young, Brenda, 292.30; Zep Manufacturing Company, 73.18; Ziggy's, 272.65; Zoller, Amy, 2,994.40; US Bank, 37,499.34; Merchant NBR, 766.95. ADJOURN MOVED by Schmidt and seconded by Trautman to adjourn the meeting at 2:15 p.m. Vote: Unanimous. Julie A. Pearson, Auditor Published once at the total approximate cost of _______________. Publish: November 4, 2009 October 20, 2009 - 1 -