PENNINGTON COUNTY BOARD OF COMMISSIONERS MINUTES November 3, 2009 A meeting of the Pennington County Board of Commissioners was held on Tuesday, November 3, 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, and Ethan Schmidt. Absent: Nancy Trautman. REVIEW AND APPROVE AGENDA MOVED by Holbrook and seconded by Kjerstad to approve the agenda with the following addition: MISCELLANOUS ITEMS: Governor Rounds Asks for Flags to Fly at Half-Staff Tuesday November 3 to Honor Fallen Soldier. Vote: Unanimous. REVIEW OF MINUTES MOVED by Kjerstad and seconded by Holbrook to approve the minutes of the October 20, 2009 Board of Commissioners’ Meeting. Vote: Unanimous. REQUEST COUNTY CONSTABLE APPOINTMENT TO DISTRICT 34 – JAMES FIELDS: MOVED by Schmidt and seconded by Holbrook to appoint James Fields as the Pennington County Constable for District 34 for a two-year term effective November 3, 2009. Vote: Unanimous. ITEMS FROM SHERIFF A. SURPLUS RIFLES: MOVED by Schmidt and seconded by Holbrook to declare the following two rifles as surplus property and allow them to be used as trade-ins for replacement rifles: (1) HS Precision .308 Rifle, Model: Pro Series 2000A, Serial Number: 2618; and, (2) HS Precision .308 Rifle, Model: Pro Series 2000A, Serial Number: 2614. Vote: Unanimous. B. BID AUTHORIZATION/SURPLUS VEHICLE: MOVED by Holbrook and seconded by Kjerstad to authorize the Sheriff’s Office to advertise for bids for one (1) 2008 or newer four- door sedan passenger car; and, to declare the following as surplus property to be used as a trade- in: 1998 Chevrolet Malibu, VIN 1G1ND52M7W6234173, Mileage 107,000, asset # 4948. Vote: Unanimous. C. JOB DESCRIPTION: MOVED by Holbrook and seconded by Kjerstad to approve the job description of Information Technology Technician I at Grade 13. Vote: Unanimous. D. LAW ENFORCEMENT POLICIES AND PROCEDURES AGREEMENT: MOVED by Kjerstad and seconded by Holbrook to authorize the chairperson’s signature to the Law Enforcement Policies and Procedures Agreement with the South Dakota Public Assurance Alliance. Vote: Unanimous. ITEMS FROM AUDITOR A. 9:15 A.M. BUDGET HEARING - EQUIPMENT RESERVE SUPPLEMENT SP09-015: MOVED by Holbrook and seconded by Schmidt to approve a supplement to the General Fund Planning budget in the amount of $18,465 and from general fund equipment reserves and to authorize payment when vehicle arrives. Vote: Unanimous. ITEMS FROM TREASURER A. WALL DRIVER’S LICENSES: MOVED by Schmidt and seconded by Kjerstad to authorize the Treasurer to cease administering South Dakota driver’s licenses at the County Satellite Office in Wall, South Dakota as of December 23, 2009. Vote: Unanimous. ITEMS FROM EQUALIZATION A. ABATEMENT: MOVED by Schmidt and seconded by Holbrook to approve the following abatement/refund pursuant to the recommendation of the Director of Equalization: 2008 – ID 37413, Swander’s Restoration, LLC, 15,160.56. Vote: Unanimous. ITEMS FROM HIGHWAY A. RAPID VALLEY DRIVEWAY ISSUES (CON’T FROM 10-20-09): MOVED by Holbrook and seconded by Kjerstad to approve the letter to be sent to residents informing them the Highway Department will be removing the curb and gutter obstructions. Vote: Unanimous. B. AUTHORIZATION TO ADVERTISE FOR BIDS FOR ONE SPLIT-PACKAGED SNOW BLOWER: MOVED by Holbrook and seconded by Schmidt to authorize the Highway Department to advertise for bids for one Split-Packaged Snow Blower. Vote: Unanimous. C. MEMORANDUM OF UNDERSTANDING – CITY OF RAPID CITY – SNOW REMOVAL: MOVED by Schmidt and seconded by Kjerstad to authorize the chairperson’s signature to the Memorandum of Understanding with the City of Rapid City for the period of October 15, 2009 to May 15, 2010 regarding snow removal on certain streets. Vote: Unanimous. ITEMS FROM HUMAN RESOURCES A. RFP’S: MOVED by Schmidt and seconded by Kjerstad to continue this item to the November 17, 2009 Board of Commissioners’ meeting. Vote: Unanimous. B. STATEMENT OF FINANCIAL INTEREST: MOVED by Kjerstad and seconded by Holbrook to recommend the financial guideline be set at $15,000 and a draft policy be prepared and reviewed at the November 17, 2009 Board of Commissioners Meeting. Vote: Unanimous. Meeting recessed at 10:15 a.m. Meeting resumed at 10:22 a.m. COLONIAL PINE HILLS SANITARY DISTRICT ANNEXATION REQUEST – JIM MARTIN: MOVED by Holbrook and seconded by Kjerstad to accept the Annexation to the Colonial Pine Hills Sanitary District as approved by its Board of Directors on May 19, 2009. Property described by the following legal. Vote: Unanimous. Lot 1, Block 1, of the Buehner Subdivision, Section 32, T1N, R7E, BHM, Pennington County, SD. Tax parcel ID# 3732301007. Lot 8, Block 4, of the Clarkson Subdivision, Section 31, T1N, R7E, BHM, Pennington County, SD. Tax parcel ID# 3731426001. Unplatted Balance of the N1/2SE1/4 Lying East of Clarkson Road, Section 31, T1N, R7E, BHM, Pennington County, SD. Tax parcel ID# 3731400013. Lot 1, Block 4, of the Clarkson Subdivision, Section 31, T1N, R7E, BHM, Pennington County, SD. Tax parcel ID# 3731277004. Lot 5 of NW1/4NE1/4 Less E25’, Section 31, T1N, R7E, BHM, Pennington County, SD. Tax parcel ID# 3731202003. Lot A Revised of Lot 6 Revised of NW1/4NE1/4, Section 31, T1N, R7E, BHM, Pennington County, SD. Tax parcel ID# 3731202004. Lot 6, Block 4, Clarkson Subdivision, Section 31, T1N, R7E, BHM, Pennington County, SD. Tax parcel ID# 3731277008. Revised Lot Water Tank, Block 4, Clarkson Subdivision, Section 31, T1N, R7E, BHM, Pennington County, SD. Tax parcel ID# 3731277007. OPEN MEETINGS – CLEAN WATER COMMITTEE: MOVED by Schmidt and seconded by Kjerstad to authorize the Clean Water Committee and any subcommittees associated with it be open to the public and public notice be given (including telephone notification to George Ferebee and Barbara Lindberg) so that the public may attend and listen without participation. Vote: Unanimous. LIEN RELEASE REQUEST (JDW): MOVED by Schmidt and seconded by Kjerstad to deny the lien request of JDW, (Names withheld per SDCL 28-13-42) in the amount of $22,476.82. Kjerstad called the Question. Vote on the Question: Yes: Holbrook, Kjerstad, Young. No: Schmidt. Motion carried 3 to 1. Vote on the Motion: Unanimous. ITEMS FROM CHAIR B. COMMISSIONER’S MEETING ROOM: MOVED by Holbrook and seconded by Schmidt to allow the State UJS to do what it takes to install flat panel computers in the shared commission room/courtroom. Vote: Unanimous. SPEAKER REQUEST FORM (CON’T FROM 10-20-09): MOVED by Kjerstad and seconded by Schmidt to table this issue. Vote: Yes: Kjerstad, Schmidt, Young. No: Holbrook. Motion passed 3 to 1. MISCELLANEOUS A. APPROVE VOUCHERS: MOVED by Holbrook and seconded by Kjerstad to approve the vouchers listed at the end of the minutes for expenditures for insurance, professional services, publications, rentals, supplies, repairs, maintenance, travel, conference fees, utilities, furniture and equipment, and authorize the chair’s signature thereto. Vote: Unanimous. Meeting recessed at 11:51 a.m. Meeting resumed at 11:58 a.m. ITEMS FROM THE BOARD OF ADJUSTMENT MOVED by Schmidt and seconded by Holbrook to convene as the Board of Adjustment. Vote: Unanimous. A. VARIANCE / VA 09-21: James Hynes/Aubrey Pope; Frances Aubrey – Agent. To reduce the minimum required rear yard setback from 10 feet to 0 feet and to reduce the minimum required front yard setback from 25 feet to 0 feet. The applicant has also applied for two Lot Size Variances to allow for a .84 acre lot and a .29 acre lot and to also reduce the lot width from 50 feet to 0 feet in a General Agriculture District in accordance with Sections 210 and 509 of the Pennington County Zoning Ordinance. Lot B of Home Sweet Home Placer MS 804 and Lot B of (Lot 7) Tract 37, all located in Section 4, T2S, R5E, BHM, Pennington County, South Dakota. MOVED by Holbrook and seconded by Kjerstad to continue this item to the December 1, 2009 Board of Commissioners’ meeting. Vote: Unanimous. MOVED by Kjerstad and seconded by Holbrook to adjourn as a Board of Adjustment and reconvene as the Board of Commissioners. Vote: Unanimous. ITEMS FROM PLANNING & ZONING B. SECOND READING 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. MOVED by Kjerstad and seconded by Holbrook to approve the second reading of RZ 09-07 and CA 09-05. Vote: Unanimous. ORDINANCE NO. RZ 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 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. The above-described property is hereby rezoned from General Agriculture District and Suburban Residential District to Highway Service District. Dated this 3rd day of November, 2009. /s/ Brenda Young, Chairperson PENNINGTON COUNTY COMMISSION ATTEST: /s/ Julie A. Pearson, Auditor C. SECOND READING 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 Kjerstad to approve the second reading of OA 09-05. Holbrook called the question. Vote on the Question: Yes: Holbrook, Kjerstad, Young. No: Schmidt. Motion carried 3 to 1. Vote on the Motion: Yes: Holbrook, Kjerstad, Young. No: Schmidt. Motion carried 3 to 1. ORDINANCE #34-04 AN ORDINANCE AMENDING THE PENNINGTON COUNTY ZONING ORDINANCE. BE IT HEREBY ORDAINED BY THE PENNINGTON COUNTY BOARD OF COMMISSIONERS THAT THE PENNINGTON COUNTY ORDINANCE #34 BE AMENDED AS FOLLOWS: SECTION 208 – SUBURBAN RESIDENTIAL DISTRICT F. Minimum Setback Requirements: 1. Front Yard a. All structures shall have a front yard setback of twenty-five (25) feet. b. Decks (uncovered) shall be allowed to have a fifteen (15) foot setback. SECTION 314 – TEMPORARY CAMPGROUNDS AND ASSEMBLIES OF PEOPLE B. Permit Required: 1. No person shall permit, maintain, conduct, undertake, manage, sell, or give tickets for any actual or reasonably anticipated assembly or temporary campground area which continues, or can be reasonably be expected to continue for more than three (3) days, either consecutively or cumulatively in any calendar year, whether on public or private property, unless a Conditional Use Permit has been approved by the Pennington County Planning Commission. Dated this 3rd day of November, 2009. /s/ Brenda Young, Chairperson PENNINGTON COUNTY COMMISSION ATTEST: /s/ Julie A. Pearson, Auditor D. SECOND READING OF ORDINANCE AMENDMENT / OA 09-06: Pennington County. To amend Sections 400 and 500 of the Pennington County Subdivision Regulations. MOVED by Holbrook and seconded by Kjerstad to approve the second reading of OA 09-06. Vote: Unanimous. ORDINANCE #34-05 AN ORDINANCE AMENDING THE PENNINGTON COUNTY SUBDIVISION REGULATIONS. BE IT HEREBY ORDAINED BY THE PENNINGTON COUNTY BOARD OF COMMISSIONERS THAT THE PENNINGTON COUNTY ORDINANCE #34 BE AMENDED AS FOLLOWS: SECTION 400.3 – FINAL PLAT (AND MINOR PLAT) n. Certifications: 3(a). Certification on Plat by County Auditor (Minor Plat) Resolution By Governing Board State of South Dakota County of Pennington I, Auditor of Pennington County, do hereby certify that at an official meeting held on the day of 20 , the County Commissioners by resolution did approve the plat as shown and described . Auditor of Pennington County 3(b). Certification on Plat by County Auditor (Final Plat) State of South Dakota County of Pennington I, Auditor of Pennington County, do hereby certify that the Pennington County Planning Director has reviewed and approved this Final Plat as shown hereon. Dated this day of , 20 . . Auditor of Pennington County SECTION 500 – REQUIREMENTS FOR IMPROVEMENTS, RESERVATIONS, AND DESIGN 500.5 - Roads and Streets 1. General Requirements a. Access: No subdivision shall be approved unless the area to be subdivided has access to one of the following: 3. Access Easements: The County shall not approve the use of an existing or proposed easement to provide access to a proposed subdivision unless the following requirements are met: a. The width of the access easement is a minimum of 40 feet in width and shall serve a maximum of two lots in General Agriculture Districts only. Minimum driving surface width is not specified. TABLE 1 DESIGN STANDARDS FOR ROADS DEVELOPMENT DENSITY District: GAD LAD LDR SRD Non-Residential General Commercial Highway Service Light Industrial Heavy Industrial Minimum Width of Right-of-Way (in Feet) Local/Collector 66* 66 66 66 66 Minor Arterial 66 66 80 80 80 Major Arterial 100 100 100 100 100 Minimum Width of Travel Route (In Feet) and Surface Minimum surface requirement shall be designed by a Registered Professional Engineer. Local/Collector 24* 24 (1) 24 (1) 24 (3,4,6,7) 32 (3) Local/Collector with parking 24 24 (1) 24 (1) 32 (3,4,5,7) 32 (3) Minor Arterial 32(2) 32 (2) 32 (2) 32 (3,4,6,7) 42 (3) Major Arterial 48(3) 48 (3) 48 (3) 48 (3,4,6,7) 48 (3) 1. 4” Gravel Surface 2. 6” Gravel Surface 3. Paved Surface (Asphalt or Concrete). Shall meet the requirements of Section 20.2 of Ordinance 14. 4. With Curbs (South Dakota Department of Transportation Type B-66) 5. On-Street, Parallel Parking Permitted 6. On-Street, Parallel Parking Prohibited 7. Sidewalks (Five-Foot-Wide, One foot from Lot Line) Maximum Grade (Percent) Local 12** 12** 12** 10 8 Collector 10 10 10 8 6 Minor Arterial 7 7 7 6 5 Major Arterial 7 7 7 6 5 Minimum Grade 1 1 1 0.5 0.5 * A 40-foot-wide easement for access is allowed for a maximum of two lots. Minimum driving surface width is not specified. ** Special consideration may be given in areas of steep topography for grades of 17% or less and lengths of 500 feet or less. SECTION 500.6 – DRAINAGE AND STORM SEWERS 1. General Requirements: Subdivision and subsequent development will increase the peak discharge and volume of storm water runoff. Reducing peak discharges to predeveloped flows from a subdivision must be accomplished to prevent damage to downstream properties. Subdivisions in all zoning districts except General Agriculture District and Limited Agriculture District must provide drainage facilities that do not increase peak discharge. The Planning Commission shall not recommend for approval any subdivision which does not make adequate provision for storm or flood water runoff. The storm water drainage system shall be separate and independent of any sanitary sewer system. Drainage facilities and easements shall be designed by a South Dakota Registered Engineer to accommodate a 100 year storm event. A copy of the design calculations shall be submitted along with the plans. SECTION 500.9 – PUBLIC SEWER AND WATER FACILITIES 1. General Requirements: The applicant shall install sanitary sewer facilities in a manner prescribed by the South Dakota Department of Environment and Natural Resources construction standards and specifications. All plans shall be designed by a South Dakota Registered Professional Engineer in accordance with the rules, regulations, and standards of the South Dakota Recommended Design Criteria Manual. Plans shall be approved by the appropriate agencies. 2. Residential and Non-Residential Districts: Public sanitary sewer facilities shall be required in subdivisions where lots are less than 20,000 square feet in area with individual water systems. Sewers shall be installed to serve each lot and to grades and sizes required by approving officials and agencies. No individual disposal system shall be permitted. Public sanitary sewer facilities (including the installation of laterals in the right-of-way) shall be subject to the specifications, rules, regulations, and guidelines of the South Dakota Department of Environment and Natural Resources. 3. Design Factors: Water facilities and sanitary sewer systems should be designed for the ultimate tributary population. Due consideration shall be given to current zoning regulations and approved Planning and Zoning reports where applicable. Sewer capacities shall be adequate to handle the anticipated maximum hourly quantity of sewer and industrial waste, together with an adequate allowance for infiltration and other extraneous flow. 4. Locations: Water facilities shall be located within street or alley right-of-ways unless topography dictates otherwise. When located in easements on private property, access shall be provided. End lines shall be extended to provide access from street or alley right-of-way where possible. Imposed loadings shall be considered in all locations. Not less than six (6) feet of cover shall be provided over top of pipe in street and alley right- of-ways. 5. A surety shall be provided in a sufficient amount to cover the costs of all required improvements, per Section 400.3-o-2. Dated this 3rd day of November, 2009. /s/ Brenda Young, Chairperson PENNINGTON COUNTY COMMISSION ATTEST: /s/ Julie A. Pearson, Auditor E. MINOR PLAT / PL 09-31: Ron Rossknect/Tim Rossknecht. To create Lots 1 and 2 of La Grande Lode M.S. 662 in accordance with Section 400.3 of the Pennington County Subdivision Regulations. EXISTING LEGAL: All less that part overlapping with MS 620 & MS 621 (also in Section 30), La Grande Lode MS, Section 31, T1S, R5E, BHM, Pennington County, South Dakota. PROPOSED LEGAL: Lots 1 and 2, La Grande Lode M.S. 662, Section 31, T1S, R5E, BHM, Pennington County, South Dakota. MOVED by Kjerstad and seconded by Holbrook to accept Planning Commission recommendation to approve PL 09-31 with the following two (2) conditions: 1. That a drainage diversion be constructed around the future on-site wastewater treatment system on Lot 1; and, 2. That addresses be posted at the driveway and on the residence. Vote: Unanimous. F. 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 Kjerstad to accept Planning Commission recommendation to approve the review of PU 08-13 and approval of PU 09-08 with the following twenty-eight (28) conditions: 1. That the purpose of this Planned Unit Development be to allow a Specialty Resort for a Bed and Breakfast and events, such as: weddings, receptions, company picnics, family reunions, church functions, bridal and baby showers, Christmas parties and other types of small gatherings similar in nature; 2. That the number of guests during special events be limited to 150 people; 3. That one RV site be allowed as an additional lodging option for guests and that the RV pad have a graveled surface; 4. That this Planned Unit Development be considered an overlay zoning district whereby the provisions of the underlying Limited Agriculture District still apply and if the property is no longer utilized as a Specialty Resort, the zoning revert back to Limited Agriculture District assuming the same lot configuration; 5. That the PUD be revoked if the property is transferred to new owners; 6. That the applicant maintain an Emergency Plan and provide copies to all overnight guests in case there is a need to evacuate guests from the property in the event of an emergency and that a copy of said plan be kept on file at the Planning Department; 7. That a minimum of 67 parking spaces be provided on-site, each measuring a minimum of 9 feet by 18 feet and maintained in a dust-free manner in accordance with Section 310 of the Pennington County Zoning Ordinance; 8. That the internal driveway consist of a 24-foot-wide, graveled driving surface to accommodate two-way traffic; 9. That all music being provided for outdoor activities be shut down by 10:00 p.m.; 10. That the applicant posts a stop sign at the intersection of the driveway and Nemo Road during events; 11. That temporary structures, such as tents and port-a-potties only be erected when needed and not on a permanent basis; 12. That all exterior lighting must be of low level intensity, which does not result in excessive glare upon surrounding neighbors; 13. That the applicant obtain all necessary permits from other governing bodies for operation of the Specialty Resort including, but not limited to, approval from the South Dakota Department of Health for the Bed & Breakfast and the RV site (campground) and a Sales Tax License from the South Dakota Department of Revenue; 14. That a smoke detector be placed in each sleeping room utilized for the Bed and Breakfast with a minimum of at least one (1) smoke detector per floor; 15. That a portable fire extinguisher with a minimum 2 A-BC rating shall be placed on each floor level of the Bed and Breakfast so it accessible to all guests at all times and the fire extinguisher shall be inspected and tagged annually; 16. That the maximum number of people staying at the Bed and Breakfast establishment at one time be in compliance with the South Dakota Lodging Establishments Health and Safety Manual; 17. That the applicants comply with South Dakota Codified Law 34- 18-9.4, which regulates Bed and Breakfast establishments and requires a guest list to be maintained; 18. That the physical address for the residence be posted in each guest room utilized for the Bed and Breakfast; 19. That prior to installation of any on-site wastewater system or alteration to the existing on-site wastewater system, an approved On-Site Wastewater Construction Permit be obtained through the Pennington County Planning and Zoning office; 20. That the applicants obtain approval from the South Dakota Department of Environment and Natural Resources for the existing means of wastewater disposal to service the RV sewer hook- up prior to its operation and a copy of the letter of approval from DENR be submitted to the Planning Office; 21. That port-a-potties may be utilized by the guests of the events for wastewater disposal at a ratio of one port-a-potty per 50 guests. Any other means of wastewater disposal will require proper permitting and review of the system by both the Pennington County Planning Department and South Dakota Department of Environment and Natural Resources; 22. That the port-a-potties maintain a minimum 150 foot setback at all times from the high water line of the creek traversing the southern portion of the property; 23. That prior to the placement of any on-premise signs, the applicant must obtain approval of a Sign Permit; 24. That the lot address be clearly posted on both the residence at the approach to the property so it is visible from both directions along Nemo Road in accordance with Pennington County’s Ordinance #20; 25. That the applicant ensures the residential character of the property is maintained; 26. That the Planning Director may allow additional development or construction, which is consistent with the existing development on this property. Significant changes in the use or impacts on adjacent land, uses as determined by the Planning Director, shall require an amendment to this Planned Unit Development; 27. That the applicant sign a new Statement of Understanding, which is available at the Planning Office, prior to hosting an event with more than 100 guests or utilizing the RV site; and, 28. That the Planned Unit Development be reviewed in one (1) year or on a complaint basis. Vote: Unanimous. G. MINOR PLAT / PL 09-30: 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 400.3 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 Schmidt to accept Planning Commission recommendation to approve PL 09-30 with the following three (3) conditions: 1. That prior to the Minor Plat being filed with the Register of Deeds Office, an amendment to the PUD to reduce the minimum lot size requirement for Tract 18R shall be obtained; 2. 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; and, 3. That Black Hills Electric Cooperative’s rights to operate and maintain the utilities are not diminished or adversely affected in any way. Vote: Unanimous. H. FIRST READING AND PUBLIC HEARING OF PLANNED UNIT DEVELOPMENT AMENDMENT / PU 09-09: John Preston/Heartland Country Ranchettes. To amend a Planned Unit Development to allow for a reduction in lot size in accordance with Section 213 of the Pennington County Zoning Ordinance. Tract 18, Spring Creek Acres, Section 3, T2S, R8E, BHM, Pennington County, South Dakota. MOVED by Kjerstad and seconded by Holbrook to accept Planning Commission recommendation to approve PU 09-09 with the following two (2) conditions: 1. That this request to amend the PUD to reduce the minimum lot size from five (5) acres to 4.69 acres solely applies to Tract 18R of Spring Creek Acres all other lots within the development shall maintain a five (5) acre minimum lot size unless a separate request to amend the conditions of the PUD is approved; and, 2. That all other existing conditions of the original PUD for Spring Creek Acres are still valid and applicable to the subject property with the exception of Condition #3 regarding lot size. Vote: Unanimous. I. PRELIMINARY PLAT / PL 09-29: Terry Sayler (NMMC, Inc.); Fisk Land Surveying – Agent. To subdivide 10 acres to create Lots A and B of Miller Subdivision No. 2 in accordance with Section 400.2 of the Pennington County Subdivision Regulations. EXISTING LEGAL: The North 330 feet of NW1/4SW1/4, Section 15, T2N, R6E, BHM, Pennington County, South Dakota. PROPOSED LEGAL: Lots A and B, Miller Subdivision No. 2, Section 15, T2N, R6E, BHM, Pennington County, South Dakota. MOVED by Holbrook and seconded by Schmidt to continue Preliminary Plat 09-29 to the December 1, 2009, Board of Commissioners’ meeting. Vote: Unanimous. J. FIRST READING AND PUBLIC HEARING OF ORDINANCE AMENDMENT / OA 09-02: Pennington County. Clean Water Ordinance. MOVED by Holbrook and seconded by Schmidt to continue this item to the December 15, 2009, Board of Commissioners’ meeting. Vote: Unanimous. EXECUTIVE SESSION PER SDCL 1-25-2(1); PERSONNEL MOVED by Schmidt and seconded by Kjerstad to convene in Executive Session. Vote: Unanimous. The Board remained in Executive Session from 12:17 p.m. until 12:34 p.m. MOVED by Schmidt and seconded by Kjerstad to adjourn from Executive Session. Vote: Unanimous. PERSONNEL State’s Attorney: Effective November 2, 2009: Joshua D. Zellmer, $4,673. Treasurer: Effective November 2, 2009: LeAnn Kay Harlan, $2,303. PAYROLL Commissioners, 13,092.16; Elections, 11,519.49; Auditor, 16,975.74; Treasurer, 46,141.25; Data Processing - Law, 5,586.44; Data Processing - General, 32,854.67; State's Attorney, 115,711.79; Public Defender, 82,538.89; Juvenile Diversion, 12,883.96; Victim's Assistance, 11,148.35; Buildings & Grounds, 92,416.41; Equalization, 63,496.93; Register of Deeds, 24,004.36; Sheriff, 266,890.00; Courthouse Security, 7,227.62; Service Station, 9,239.32; Arrest Grant, 11,173.44; HIDTA Grant, 9,390.34; CARE Budget, 11,216.76; Jail, 409,103.45; Jail Work Program, 4,654.74; Jail Medical, 2,940.34; Jail Maintenance, 10,920.35; Hill City Law, 11,490.17; Keystone Law, 5,221.42; New Underwood – Law, 3,935.30; School Liaison, 19,458.34; Wall Law, 10,934.45; JSC Teachers, 26,046.25; Home Detention, 7,332.35; Alcohol & Drug, 129,490.70; Friendship House, 32,916.79; Prevention Program, 6,180.41; 24-7 Program, 14,971.29; Dispatch, 150,902.56; Ordinance, 3,241.25; Economic Assistance, 33,038.02; Mental & Alcohol-SAO, 6,988.42; Mental & Alcohol-HHS, 3,166.41; Extension, 3,954.42; Weed & Pest, 10,242.36; Planning and Zoning, 18,570.03; Water Protection, 3,939.50; Juvenile Services Center, 251,147.23; JSC Maintenance, 5,490.33; Highway, 187,467.66; Drug Seizure, 5,653.82; 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 October 23, 2009: Total balances of checking/savings accounts, $26,278,548.96; Total balance of Treasurer’s Office safe cash, $7,100.00; Total certificates of deposit, $5,800,695.60; Total Prime Value Investment, $12,460,508.20; Total petty cash, $110,815.00; Total cash items/net NSF checks, $816.37; Total long/short, $1,531.75; Total, $44,656,952.38. Submitted by Liz Kuehn, Deputy Auditor. VOUCHERS Verzion, 4,380.25; First Interstate Bank, 2,047.26; Alltel, 1,462.18; City of Hill City, 24.96; Fish Garbage, 44.84; Knology, 2,795.43; BH Power, Inc, 1,619.69; Office Depot Credit Plan, 43.96; City of Rapid City – Water, 15,551.75; Medical Waste Transport, 104.00; Montana Dakota Utilities, 4,292.49; Sander Sanitation, 90.00; Qwest, 215.83; Pioneer Bank, 2,505.40; CBM Food Service, 36,222.46; Cardmember Services, 330.97; Mt Rushmore Telephone, 100.86; First Administrators, 181,264.73; First National Bank, 168,628.75 A & B Business Equipment, 144.55; A & B Welding Supply Co, 278.09; A To Z Shredding Inc, 32.55; A-1 Sewer & Drain, Inc, 320.00; Adams Machining, 670.99; AJ, Inc, 240.00; Americinn Lodge & Suites, 299.94; Apria Health Care, Inc, 318.60; Ashley, John, 130.00; Audio Connections, 760.47; Badlands Automotive, 161.16; Bailey Jd & Mp Merryman, 350.77; Banks, Bridgette R, 470.60; Behavior Management, 1,200.00; Behrens Mortuary, 1,660.00; Bennett County School, 4,018.00; Best Business Prdcts Inc, 265.37; BH Chemical Company Inc, 1,513.32; BH Power Equipment Inc, 1,728.86; BH Power Inc, 1,022.13; Blake's Trailer Sales, 300.00; Bruckner, Kathy, 70.20; Carquest Auto Parts, 34.06; Cash-Wa Distributing, 201.70; CBCInnovis, Inc, 74.00; CDW Government Inc, 275.77; Century Business Prod Inc, 85.58; Champion Water Systems, 101.70; Chemsearch, 733.99; Chris Supply Co Inc, 75.20; City Of Rapid City, 785.00; City Of Rapid City -Water, 720.05; Clark's Field Service, 1,056.00; Colbath, Angela M, 271.04; Colbath, Monica D, 401.80; Cole Papers, Inc, 186.80; Community Health Center, 80.58; Connelly, Randal E, 1,335.74; Contractors Supply, 302.40; Country Inn & Suites, 653.38; Countryside Prop Mgmt Inc, 510.00; Crum Electric Supply, 1,500.12; CWD-Aberdeen (Hrs), 2,948.00; Dakota Business Center, 1,146.64; Dakota Plains Legal Srvs, 15,500.00; Dakota Steel & Supply, 188.68; Dakota Supply Group Inc, 52.50; Dakotaland Autoglass Inc, 57.18; Dale's Tire, 2,678.49; De's Oil & Propane, 1,163.65; Dennis Supply - Rc, 57.12; Diesel Machinery Inc, 276.81; Ecolab Pest Elimination, 823.10; Eddie's Truck Sales, 515.09; Enviromaster, Inc, 105.00; Evergreen Office Products, 594.36; Executive Mgmt Fin Office, 76.64; Fairfield Inn & Suites, 139.50; Fastenal Company, 245.51; Federal Publishing, 278.50; First Interstate Bank, 306.00; First Western Insurance, 211.00; Flooring America, 6,495.00; Foley's Custom Print, 32.50; Fremont Apartment, Llc, 240.00; Frontier Auto Glass, Llc, 369.89; G & H Distributing - Rc, 547.30; Garcia, Lynne, 240.00; Godfrey Brake Service, 1,178.49; Golden West Technologies, 176.25; GPPS, LLC, 770.00; Gunderson,Palmer,Goodsell, 139.40; Gustave A Larson Company, 151.45; Hainesway Limited Partner, 190.00; Harkins, Carolyn, 971.55; Harms Oil Company, 18,136.79; Harveys Lock Shop, 25.09; Heartland Paper Company, 733.15; Hewlett-Packard, 294.00; Hills Materials Co, 648.42; Hillyard/Sioux Falls, 304.88; Holbrook, Gale, 47.00; Holiday Inn Express, 35.00; Horticulture Extension Op, 25.00; IAAO (Missouri), 25.00; Image Up Creative, 66.59; Indoff Inc, 523.53; Industrial Electric, 223.90; Industrial Supply Co Inc, 304.22; Inland Truck Parts, 219.14; Interstate All Battery, 167.28; Interstate Batteries, 74.95; Isburg-Hofmeister, 1,660.00; Jefferson Partner Lp, 115.00; Jenner Equipment, 958.60; Johnson Machine Inc, 639.92; Kimball Midwest, 402.64; Knecht Home Center Inc, 529.31; Knology, 765.78; KSL Corporation, 1,183.15; Lakota Community Homes In, 25.00; Language Line Services, 50.13; Larson, Linda R, 240.00; Lawson Products Inc, 1,466.21; Lewis, Paul A, 1,549.95; Linweld, 75.38; Logan's Transmission, Inc, 125.00; Lohmann & Rascher, 195.00; M & M Fencing, 5,584.48; Manlove Psychiatric Group, 1,813.21; Maplewood Townhouses, 225.00; Marshall And Swift, 430.00; Masters Awards, 1,762.60; Mcgowan, Wendy T, 127.10; Medicap Pharmacy - St Pat, 35.72; Menards, 252.39; Mestad, Craig, 270.00; Minnesota Place Limited P, 270.00; MLE, LLC, 240.00; Montana Dakota Utilities, 94.92; Moss, William A, Psyd,LLC, 655.00; Motorola Inc - Chicago, 1,061,935.00; Motorola Inc - Chicago, 392.76; Moyle Petroleum, 4,649.71; Mutchler, Tricia, 100.80; NAED, 200.00; Newkirk's Ace Hrdwre-East, 51.03; Northern Power Technologi, 2,136.00; Northwest Pipe Fitting In, 621.28; O'Reilly Auto Parts, 36.75; Officemax Incorporated, 166.94; Pacific Steel & Recycling, 206.89; Paradis Properties Llc, 1,060.00; Penn Co Firefighters, 1,007.00; Penn Co Health & Human Sv, 105.35; Pete Lien & Sons Inc, 156.70; Priority Dispatch Corp, 1,572.00; Pruss, Tina, 108.80; Quill Corporation, 205.94; Qwest, 6.64; Radiology Associates, 482.39; Rangel, Elisa, 300.00; Rapid Creek Partners, 234.00; Rapid Rooter, 135.00; Rapid Valley Sanitary, 56.76; RC Area School Dist 51-4, 753.00; RC Emergency Services, 357.78; RC Fire & Emergency Srvcs, 103.03; RC Journal, 587.84; RC Regional Hospital, Inc, 3,108.64; RC Winair, 54.06; RDO Equipment Co, 9,026.53; Record Storage Solutions, 51.83; Rensch Law Office, 1,768.19; Repair Shop The, 642.60; Rockmount Research &, 1,046.77; Roger Frye's Paint Supply, 158.33; Rohrich, Jeff, 240.00; Rooks Works, LLC, 1,450.00; Runnings Supply Inc, 158.94; Rushmore Safety Supplies, 118.00; Sayler, Janet, 140.60; SD Dept Of Transp-Finance, 23,163.86; SD Div Of Motor Vehicles, 10.00; SDCAA, 90.00; Servall Uniform/Linen Co, 1,748.99; Sherwin Williams Paints, 127.19; Simpson & Associates, 5,150.00; Skinner, Matthew L, PC, 496.60; Sour Lemons, LLC, 200.00; South Dakota Rose Inn, 290.00; Stan Houston Equip Co, 41.13; State Radio Communication, 4,224.00; Stephens, Matthew, 205.00; Sturdevant's Auto Parts, 167.38; Teal, Nance, 283.20; Think! Toner And Ink, 426.92; United Environmental, 2,150.00; Upper Knollwood Townhouse, 90.00; Urological Clinic Of, 280.71; US Postal Service, 5,000.00; US Postmaster - Bulk Prmt, 15,000.00; UZ Engineered Products, 118.52; Verizon Wireless, 143.96; Walenta, Jerauldine Y, 120.00; Walker Napa Auto Parts, 649.13; Wall Building Center, 68.85; Ward, Denise, 68.00; Watertree, Inc, 661.50; Watson Law Office, P.C., 28.70; Weichmann, Cynthia, 367.70; Wendell, Gordon, 571.67; West Payment Center, 1,536.25; West River Anesthesiology, 488.00; West River Electric, 129.35; West River Intrntnl Inc, 364.91; Western Communication Inc, 512.00; Western Dakota Insrs Inc, 50.00; Western States Fire, 450.00; Whisler Bearing Co, 5,299.98; Whiting, Marcia, 213.10; Williams Oral & Maxillo-, 430.00; Zacharias, Jerome C, 130.00; Ziggy's, 232.78; Zoller, Amy, 7.20. ADJOURN MOVED by Schmidt and seconded by Holbrook to adjourn the meeting at 12:34 p.m. Vote: Unanimous. Julie A. Pearson, Auditor Published once at the total approximate cost of _______________. Publish: November 18, 2009 November 3, 2009 - 15 -