PENNINGTON COUNTY 
BOARD OF COMMISSIONERS MINUTES
June 1, 2010

A meeting of the Pennington County Board of Commissioners was held on Tuesday, June 1, 
2010, in the Commissioners' meeting room of the Pennington County Courthouse.  Chairperson 
Ethan Schmidt called the meeting to order at 9:03 a.m. with the following Commissioners 
present:   De Glassgow, Gale Holbrook, Nancy Trautman and Brenda Young.  

REVIEW AND APPROVE AGENDA:  MOVED by Trautman and seconded by Young to 
amend the agenda by moving Item 18, Pennington County Space Needs Master Plan 
Presentation to follow Item 8, Rochford Volunteer Fire Department Raffle Request, and move 
Item 17, Items From Highway to follow Items From Fire Administrator.    MOVED by Trautman 
and seconded by Young to approve the agenda as amended. Vote:  Unanimous.

REVIEW MINUTES:  MOVED by Trautman and seconded by Glassgow to approve the 
minutes of the May 18, 2010, Board of Commissioners' meeting.  Vote:  Unanimous.

ITEMS FROM EQUALIZATION

A.  ABATEMENT REQUEST – FIRST EVANGELICAL FREE CHURCH:  Chairman 
Schmidt asked Vice Chairperson Trautman to take the gavel for this item as he has a conflict of 
interest. MOVED by Holbrook and seconded by Glassgow to sustain the recommendations of 
the Director of Equalization and Chief Deputy State’s Attorney Jay Alderman to deny the 
abatement request for 2009 taxes on Parcel ID 60915 for First Evangelical Free Church for the 
reason that it did not meet the requirements for exempt status.  Vote:  The motion carried with 
four affirmative votes (Chairman Schmidt abstained).

B.  ABATEMENT REQUEST – SCHROEDER:  Moved by Holbrook and seconded by 
Glassgow to approve the following abatements/refunds as recommended by the Director of 
Equalization:  2008 – Jason Schroeder, ID 8003985, $183.90 and 2009 – Jason Schroeder, ID 
8003985, $169.39.  Vote:  Unanimous.

C. ABATEMENT REQUESTS:  MOVED by Holbrook and seconded by Young to approve the 
following abatements/refunds as recommended by the Director of Equalization for tax year 2009: 
Sherry Halls, ID 29509, $1,386.06; Vincente Tovar, ID 8001185, $900.48; Silver Springs 
Limited Partnership, $2258.98.  Vote:  Unanimous.  

D.  SERVER PURCHASE REQUEST (SP10-009):  MOVED by Young and seconded by 
Holbrook to hold a public hearing at 9:15 a.m., June 15, 2010, to supplement the General Fund 
Department of Equalization budget in an amount up to $7000 from the General Fund Equipment 
Reserve for the purchase of a new server. Vote:  Unanimous.  
                                                                                                                            
ROCHFORD VOLUNTEER FIRE DEPARTMENT – RAFFLE REQUEST:  MOVED by 
Holbrook and seconded by Young to authorize the Rochford Volunteer Fire Department to 
conduct a raffle to raise funds for Emergency Medical Services.  Vote:  Unanimous.

PENNINGTON COUNTY SPACE NEEDS MASTER PLAN PRESENTATION:  
MOVED by Trautman and seconded by Glassgow to adopt the Pennington County Space Needs 
Master Plan as presented by Fennel Design and BKV Group and to authorize Buildings and 
Grounds to facilitate the update of the plan every three years to assure that the document remains 
current for needs, facility utilization and site availability.  Substitute motion:  MOVED by 
Schmidt to accept the Pennington County Space Needs Master Plan.  The motion died for lack 
of a second.  MOVED by Holbrook and seconded by Trautman to call the question. The vote on 
the question carried 4-1 with Schmidt voting no.  Roll call vote on the original motion:   
Glassgow – aye, Holbrook – aye, Schmidt – aye, Trautman – aye, Young – no.  The motion 
carried 4-1.    

Holbrook left the meeting at this time.  

MOVED by Trautman and seconded by Glassgow that the Building Committee be authorized to 
address the possibilities for funding and cooperating with other government entities to develop a 
building project, and further moved to present a report at the July 6, 2010, Board of 
Commissioners’ meeting.  Vote:  Unanimous.

ITEMS FROM AUDITOR

A.  ORDER FOR ORGANIZATION AND INCORPORATION – KNOTTY PINE ROAD 
DISTRICT:  MOVED by Young and seconded by Trautman to acknowledge the Order of 
Organization and Incorporation for the Knotty Pine Road District, effective for tax year 2010 
and thereafter and authorize the Chairman’s signature.  Vote:  Unanimous.

ORDER FOR ORGANIZATION AND INCORPORATION
OF THE KNOTTY PINE ROAD DISTRICT
PENNINGTON COUNTY, SOUTH DAKOTA

WHEREAS, all resident registered voters and property owners that are within the proposed 
district boundaries have agreed to and petitioned for the organization of the Knotty Pine Road 
District. 

AND WHEREAS, said petitions indicate the desire of all qualified voters and landowners 
within the proposed boundaries to organize the Knotty Pine Road District.

NOW, THEREFORE, BE IT ORDERED, that the Pennington County Commission 
acknowledge and declare the Knotty Pine Road District to be organized and established as a 
governmental subdivision of the State of South Dakota and a public body, corporate and political 
to be effective as of today’s date with taxing authority for the 2010 tax year and after. 

BE IT FURTHER ORDERED, that the Knotty Pine Road District be described as follows:  
LOT A & B OF LOT 1, LOT A OF LOT 2, LOT 3 REVISED AND LOTS 4-6 OF HAPPY 
HOLIDAY SUBDIVISION, LOTS 1-4, LOT 5 REVISED, LOTS 6-10, LOT 11 REVISED, 
AND LOTS  12, 13, 14 AND 15 REVISED OF TRACT A OF KNOTTY PINE 
SUBDIVISION BHM, Pennington County, SD.

Dated this 1st day of June, 2010
/s/Ethan Schmidt, Chair, Pennington County Commission
ATTEST:  Julie A. Pearson, Auditor
(SEAL)

B.  TRANSFER AND RENEWAL OF RETAIL (On-Off Sale) MALT BEVERAGE 
LICENSE:  MOVED by Young and seconded by Trautman to approve the transfer of the Retail 
(On-Off Sale) Malt Beverage License from Black Hills Speedway, Jim Shaw Rapid Racing LLC, 
to Lieben Promotions LLC, d.b.a. Black Hills Speedway, Lieben Promotions LLC, and further 
moved to approve the renewal of the Retail (On-Off Sale) Malt Beverage License for Lieben 
Promotions LLC d.b.a. Black Hills Speedway, Lieben Promotions LLC.  Vote:  Unanimous. 

Holbrook returned to the meeting at this time.  

C.  NEW PACKAGE (Off-Sale) MALT BEVERAGE & SD FARM WINE LICENSE:  
MOVED by Young and seconded by Trautman to approve the application for a new Package 
(off sale) Malt Beverage and SD Farm Wine License for Rafter J Bar Ranch Campground, 
HICOW Co. Vote:  Unanimous.

D.  MALT BEVERAGE LICENSE RENEWALS:  MOVED by Young and seconded by 
Trautman to continue the application of Happy Holiday RV Resort, Diamond Trek LP to the 
June 15, 2010, Board of Commissioners’ meeting and request that the owner be present for 
questions.  Vote:  Unanimous.

MOVED by Trautman and seconded by Young to approve the annual renewal of the following 
retail and package malt beverage and SD farm wine permits as listed below with the exception of 
Happy Holiday RV Resort, Diamond Trek LP.  Vote:  Unanimous.

Retail (on-off sale) Malt Beverage:  Bear Country USA, Bear Country USA, Inc.; Black Hills 
Forest Inn, IKENCINDY Inc.; Black Hills Amoco and RV Parts & Repairs, Grover Repair Inc.; 
Black Hills Receptions, Black Hills Receptions & Rentals LLC; Caputa General Store, Caputa 
General Store Inc.; Country Corner, Robin Robertson; Country Store at the Forks, Covington 
Consulting Group Inc.; Deerfield Lake Resort, Deerfield Lake Resort LLC; Depot Restaurant, 
Patrick S. Shannon; Flying T Chuckwagon, Great American Tour Company Inc.; Fresh Start – 
Rapid Valley, Fresh Start Convenience Stores Inc.; Hart Ranch Golf Course, Hart Ranch 
Development Co.; JD’s Catering and House of Pizza, Jeff Jundt & Dueene Zoller; Johnny’s 
Billards & Arcade, Johnny’s Billards & Arcade LLC; Moonshine Gulch Saloon, Betty Harn; 
Mystery Mountain Resort, Black Hills Resorts Inc.; The Old Longhorn Saloon, Lee Ann Kestrel; 
O’Malley’s Casino, KJL Inc.; Prairie Berry Winery, Prairie Berry LLC; Putz N Glow Inc., Putz N 
Glow Inc.; Rochford Mall, The Rochford Mall Inc.; Sheridan Lake Marina, Goodwin Inc.; Sugar 
Shack, Sugar Daddys LLC; Summer Creek Inn; Summer Creek Inn LLC; Ugly Fish Enterprises, 
Ugly Fish Enterprises LLC; Valley Square Casino, Wall-East Development Inc.; Valley Square 
Sports Pub, Wall East Development Inc.; Whispering Pines Campground, Flying R LLC. 

Package (off-sale) Malt Beverage:  Corner Pantry – Moon Meadows, MG Oil Company; Dalcam 
EZ Mart, Dalcam Oil Company Inc.; Gaslight Restaurant, Big Guys LLC; Holy Smoke Resort, 
Holy Smoke Inc.; Pactola Pines Marina, David and Nancy Fisher. 

Package (off-sale) Malt Beverage & SD Farm Wine: Country Store at the Forks, Covington 
Consulting Group Inc.; Mt. Rushmore KOA, Recreational Adventures Co.; Mt. Rushmore 
National Memorial, Xanterra Parks & Resort; Rushmore Cave, Rushmore Cave LLC; Rushmore 
Cave, Rushmore Cave LLC; Stone Faces Winery, Valiant Vineyards Inc.

E.  DEPARTMENT HEAD SALARY SCHEDULE:  MOVED by Trautman and seconded by 
Young to continue this item to the June 15, 2010, Board of Commissioners’ meeting. Vote:  The 
motion carried 4-1 with Glassgow voting no. 

ITEMS FROM SHERIFF

A.  LPN WAGE SCALE:  MOVED by Young and seconded by Trautman to increase the LPN 
Wage Scale from Grade 12 to Grade 14 effective June 1, 2010.  Vote:  Unanimous.

ITEMS FROM FIRE ADMINISTRATOR

A.  RANGE FIRE SUPPRESSION ASSISTANCE:  MOVED by Young and seconded by 
Trautman to approve and authorize the chairperson’s signature to the following Resolution 
authorizing those persons named to request range fire suppression assistance from the SD 
Division of Wildland Fire Suppression.  Vote:  Unanimous.

PENNINGTON COUNTY COMMISSION RESOLUTION AUTHORIZING A FIRE 
PROTECTION AGREEMENT AND DESIGNATION OF PERSONNEL WITH 
AUTHORITY TO REQUEST FIRE SUPPRESSION ASSISTANCE

WHEREAS, the State of South Dakota may enter into cooperative agreements with counties for 
the provision of assistance in fire prevention and suppression efforts pursuant to SDCL §§ 41-20-
4, 41-20-8, 41-20-8.1 and the Joint Powers provisions of SDCL Chap. 1-24, and

WHEREAS, Pennington County may cooperate with the Secretary of Agriculture for the 
protection of range, farm and forest lands in Pennington County from fire pursuant to SDCL §§ 
34-31-1, 34-31-2 and the Joint Powers provisions of SDCL Chap. 1-24, and

WHEREAS, such cooperative assistance between the State of South Dakota and Pennington 
County is highly desirable and increases the effectiveness of the protection of range, farm and 
forest lands in Pennington County from wildfire, and

WHEREAS, pursuant to SDCL § 41-20-8.1, the South Dakota Wildland Fire Coordinator may 
assist in the suppression of rangeland fires within the county upon request of a Board of County 
Commissioners or its designee, and

WHEREAS, the South Dakota Wildland Fire Coordinator has requested that a person(s) be 
officially designated by the Pennington County Commission to make such requests, and

WHEREAS, at the time of a fire emergency there is insufficient time to convene the Board of 
Pennington County Commissioners to make such requests, and

NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Pennington County Board of 
Commissioners that Pennington County enter into a County Rangeland Fire Protection 
Agreement with the State of South Dakota Department of Agriculture to cooperate in fire 
prevention and suppression efforts, and

BE IT HEREBY FURTHER RESOLVED, that the list of individuals set forth below are hereby 
authorized to request assistance, on behalf of Pennington County, for suppression of rangeland 
fires within Pennington County as specified in SDCL § 41-20-8.1.  The authority to request 
assistance as herein provided shall continue in full force and effect until terminated or modified 
by resolution of the Pennington County Board of Commissioners.

Pennington County Fire Assistance Authorization
Effective: June 1, 2010

Dennis Gorton, Fire Administrator; Kendal Kjerstad, Chair, Fire Service Board; Paul Johnson, 
Vice-chair, Fire Service Board; Ethan Schmidt, Chairperson, County Commission; Anthony 
Carbajal, Emergency Management Coord.; Alexa White, Asst. Emergency Management Coord.; 
Don Holloway, Sheriff; Lt. Jay Evenson, Deputy Sheriff; Major Brian Muller, Deputy Sheriff; 
Lt. Marty Graves, Deputy Sheriff; Lt. Cory Brubakken, Deputy Sheriff; Leandra Hollinshead, 
Director, ESCC; Ted Rufledt, Asst. Director, ESCC.

Duly passed and adopted at a regular meeting of the Pennington County Commission on the 1st 
day of June, 2010.

PENNINGTON COUNTY COMMISSION
/s/Ethan Schmidt, Chairperson
ATTEST:  /s/Karen McGregor, Deputy Auditor
(SEAL)

ITEMS FROM HIGHWAY DEPARTMENT

A.  AGREEMENT BE 2010-1:  MOVED by Holbrook and seconded by Trautman to approve 
Agreement BE 2010-1 with the City of Box Elder, in which the City accepts jurisdiction of a 
portion of County Road 225th Street and a portion of 151st Avenue, and authorize the 
Chairman’s signature thereon.  Vote:  Unanimous.

B.  MODIFICATION #3 TO COOPERATIVE ROAD AGREEMENT #09-RO-11020300-019; 
BLACK HILLS NATIONAL FOREST:  MOVED by Holbrook and seconded by Young that 
Pennington County enter into Modification #3 to Cooperative Road Agreement #09-RO-
11020300-019 with the Black Hills National Forest and authorize the Chairman’s signature.  
Vote:  Unanimous.

C.  LONG VIEW ROAD SIDEWALK:  MOVED by Glassgow and seconded by Trautman to 
approve the addition to the reconstruction contract for sidewalk to the south side of Long View 
Road.  Vote:  Unanimous.  

D.  CHENEY ROAD:  MOVED by Holbrook and seconded by Young to authorize the 
Highway Superintendent to offer the affected landowner $400 per acre for two acres to reroute 
Cheney Road.  Vote:  Unanimous.   

MISCELLANEOUS

A.  ACKNOWLEDGEMENT OF DISINTERMENT PERMIT:  MOVED by Young and 
seconded by Trautman to acknowledge the Disinterment Permit from the South Dakota 
Department of Health dated May 17, 2010, Application ID # 594058.  Vote:  Unanimous.

B.  APPROVE VOUCHERS:  MOVED by Holbrook and seconded by Young 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.  

REQUEST TO WAIVE ADMINISTRATIVE FEES FOR VARIANCE / VA 10-11: Monte 
and Barbara Hackens:  MOVED by Trautman and seconded by Holbrook to waive the 
administrative fees totaling $800 for Variance / VA 10-11.  Vote:  Unanimous.    

BOARD OF ADJUSTMENT

MOVED by Young and seconded by Trautman to convene as a Board of Adjustment.  Vote:  
Unanimous.

A. VARIANCE / VA 10-11:  Monty and Barbara Hackens.  To reduce the minimum required 
front yard setback from 25 feet to 22 feet in a Low Density Residential District to allow for an 
attached garage to be constructed onto an existing residence in accordance with Sections 207 
and 509 of the Pennington County Zoning Ordinance.

Lot 4, Block 2, Mission Hills Subdivision located in Section 6, T1N, R6E, BHM, 
Pennington County, South Dakota.

MOVED by Holbrook and seconded by Young to approve Variance / VA 10-11 to reduce the 
minimum front-yard setback from 25 feet to 22 feet to bring the existing residence into 
compliance with the following three (3) conditions.  Vote:  Unanimous. 

1. That all required setbacks are maintained from the proposed garage addition to the existing on-
site wastewater treatment system, including 10 feet to the septic tank and 20 feet to the 
drainfield; 2. That the address be properly posted so it is visible in both directions off of Mission 
Hills Loop in accordance with Pennington County’s Ordinance #20 prior to issuance of a 
Building Permit for the attached garage; and, 3. That approval of this Variance request only 
applies for the portion of the front-yard setback that is encroached upon by the existing 
residence.  All other structures, including the attached garage, must maintain proper setbacks or 
obtain separate Variance(s) for that structure.  

MOVED by Young and seconded by Trautman to adjourn as a Board of Adjustment and 
reconvene as the Board of Commissioners.  Vote:  Unanimous.

ITEMS FROM PLANNING AND ZONING

B. SECOND READING OF REZONE / RZ 09-08 AND COMPREHENSIVE PLAN 
AMENDMENT / CA 09-06:  James Hynes/Aubrey Pope; Frances Aubrey – Agent.  To rezone 
1.13 acres from General Agriculture District to Highway Service District and to amend the 
Comprehensive Plan to change the Future Land Use from Plan (PUD Sensitive) to Highway 
Service District in accordance with Section 508 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 Glassgow to approve the Second Reading of 
Rezone / RZ 09-08 and Comprehensive Plan Amendment / CA 09-06.  Vote:  Unanimous.
 
ORDINANCE NO. RZ 09-08

AN ORDINANCE AMENDING SECTION 508 OF THE PENNINGTON COUNTY 
ZONING ORDINANCE, REZONING THE WITHIN DESCRIBED PROPERTY:

BE IT HEREBY ORDAINED BY THE PENNINGTON COUNTY COMMISSION THAT 
THE PENNINGTON COUNTY ZONING ORDINANCE BE AND HEREBY IS AMENDED 
BY AMENDING THE ZONING OF THE FOLLOWING DESCRIBED PROPERTY:

Lot B of 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.

The above-described property is hereby rezoned from General Agriculture District to Highway 
Service District.  

Dated this 1st day of June, 2010.

PENNINGTON COUNTY COMMISSION
/s/ Ethan Schmidt, Chairperson
ATTEST:  /s/ Karen McGregor, Deputy Auditor
(SEAL)

C. PLANNED UNIT DEVELOPMENT AMENDMENT REVIEW / PU 09-03:  James and 
Marla Simpson, d/b/a Whispering Winds Cottages.  To review a Planned Unit Development 
Amendment to allow an RV Park, tent camping sites, shower house, and to reduce setbacks in 
accordance with Section 213 of the Pennington County Zoning Ordinance.
	
Lot B of Lot 1 of Lot C of Lot 8 of Lot E; Lot 2 of Lot C of Lot 8 of Lot E; and the 
unplatted portion of Lot C of Lot 8 of Lot E, Big Bend Placer MS 1442, Section 8, T1N, 
R6E, BHM, Pennington County, South Dakota

MOVED by Holbrook and seconded by Trautman to approve the extension of Planned Unit 
Development Amendment 09-03 with the following sixteen (16) conditions pursuant to Planning 
Commission recommendation.  Vote:  Unanimous.

1.  That the uses allowed with this Planned Unit Development be an eight (8) site RV Park, an 
five (5) site tent camping area, six (6) attached cabins for rental purposes with restroom facilities, 
a duplex with a residence and rental unit, and one (1) detached rental cabin, and any associated 
improvements; 2. That eight (8) foot setbacks be allowed along all interior (shared) lot lines of the 
four (4) subject properties and twenty-five (25) foot setbacks be maintained along all exterior lot 
lines, which abut properties under different ownership;  3. That each campsite (RV or tent) must 
include one (1) parking space for a vehicle (in addition to the recreation vehicle, where 
applicable) and the parking space must be constructed so no portion of the vehicle extends onto 
any interior roadway; 4.  That the interior one way road shall be a minimum of 15 feet in width 
and surfaced with gravel (minimum of 4 inches), concrete or asphalt and maintained in a dust 
free manner.  All other interior roads shall be a minimum of 24 feet in width and surfaced with 
gravel (minimum of 4 inches), concrete or asphalt and maintained in a dust free manner; 5. That a 
Floodplain Development Permit shall be submitted for review and approval prior to any work or 
placement of any structure within the boundaries of the 100-year floodplain; 6. That natural 
drainage paths be maintained and/or any alterations to the natural drainage paths be adequately 
compensated for in accordance with the County Drainage Engineer’s comments; 7. That natural 
drainage be diverted around the absorption area for the new on-site wastewater system so as to 
prevent run-off into Palmer Creek; 8. That the applicant maintain some type of barrier (i.e. fence, 
boulders) around the on-site wastewater system to prevent any parking and/or camping over top 
of the on-site wastewater system and that proper setbacks to the on-site wastewater system be 
maintained; 9.	That any new On-site Wastewater systems be installed in accordance with all 
Department of Environment and Natural Resources regulations, including a minimum 100 foot 
setback for the absorption area from the high water line of the Palmer Creek; 10. That a minimum 
10 foot separation be maintained at all times between each RV site; 11.   That the internal road 
network not exceed a maximum of an eight (8) percent grade; 12. That each RV and tent site has 
a lot number clearly posted; 13. That the RV Park conforms to all regulations in Section 306 of 
the Pennington County Zoning Ordinance; 14. That the applicants conform to all applicable State 
and County regulations, including those established by the South Dakota Departments of 
Environmental and Natural Resources and Health; 15. That all other conditions of approval of 
the original PUD are still valid and applicable to the subject property with the exception of 
Condition #3 regarding the allowed uses and Condition #10 pertaining to setbacks; and, 16. That 
this Planned Unit Development Amendment be reviewed in three (3) years or upon a complaint 
basis.

D.  PLANNED UNIT DEVELOPMENT AMENDMENT REVIEW / PU 09-06:  Roy and 
Betty Osborn; Larry Job – Agent.  To review a Planned Unit Development Amendment to allow 
for an accessory structure prior to construction of a primary structure in accordance with Section 
213 of the Pennington County Zoning Ordinance.

Tract 9, Rushmore Ranch Estates Subdivision, Section 17, T2S, R7E, BHM, Pennington 
County, South Dakota.

MOVED by Trautman and seconded by Young to approve the extension of Planned Unit 
Development Amendment 09-06 with the following six (6) conditions pursuant to Planning 
Commission recommendation.  Vote:  Unanimous.

1. That if the applicant chooses to install any type of plumbing in the garage, it be hooked into a 
proper means of wastewater disposal and adhere to all necessary State and County regulations; 2. 
That the garage be used for personal use only and no commercial-type uses; 3. That the property 
remains free of debris and junk vehicles; 4. That all natural drainage paths are maintained; 5. That 
a Building Permit be obtained for any structure exceeding 144 square feet or located on a 
permanent foundation, which requires a site plan to be reviewed and approved by the Planning 
Director; and, 6. That this Planned Unit Development Amendment be reviewed on a complaint 
basis only.

E.  LAYOUT PLAT / PL 10-16:  BJK Land, LLC; Ron Bradeen – Agent.  To create Lots 1A 
and 1B, Block 1, Thovson Subdivision, in accordance with Section 400.1 of the Pennington 
County Subdivision Regulations.

EXISTING LEGAL: Lot 1, Block 1, Thovson Subdivision, Section 19, T2S, R7E, BHM, 
Pennington County, South Dakota.

PROPOSED LEGAL:  Lots 1A and 1B, Block 1, Thovson Subdivision, Section 19, T2S, 
R7E, BHM, Pennington County, South Dakota.

MOVED by Glassgow and seconded by Young to approve Layout Plat 10-16 with the following 
eight (8) conditions pursuant to Planning Commission recommendation.  Vote:  Unanimous. 

1. That prior to applying for the Preliminary Plat, the applicant must provide adequate percolation 
test results, which includes eight (8) foot soil profile information, for proposed Lot 1A to be 
reviewed by the Environmental Planner or else a Subdivision Regulations Variance be obtained 
waiving this requirement; 2. That a site plan showing the location of all existing structures and 
associated utilities on proposed Lots 1A and 1B be submitted with the Preliminary Plat 
application; 3. That prior to County Board approval of the Final Plat, the applicant improve the 
Section Line to Ordinance 14 Standards or else obtain a 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 any road improvements to be made or 
else a Subdivision Regulations Variance be obtained waiving this requirement; 5. That prior to 
County Board approval of the Final Plat, Thovson Road be improved to Local/Collector road 
standards for a Low Density Residential District, including a 66-foot-wide right-of-way with a 
24-foot-wide driving surface and four (4) inches of gravel, or else a Subdivision Regulations 
Variance be obtained waiving this requirement; 6. That prior to County Board approval of the 
Final Plat, the accessory structure on proposed Lot 1A shall be removed or the applicant obtains a 
Conditional Use Permit for said structure; 7. 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 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, 8. That approval of this Layout Plat does not 
constitute approval of any further applications to be submitted for the above-described property.

F. PLANNED UNIT DEVELOPMENT AMENDMENT REVIEW / PU 08-04:  Linda Kramer.  
To review a Planned Unit Development Amendment to allow for three (3) additional cabins in 
accordance with Section 213 of the Pennington County Zoning Ordinance.

The N1/2 of the NE1/4 lying east of County Road, Section 18, T1N, R3E, BHM, 
Pennington County, South Dakota.

MOVED by Trautman and seconded by Young to continue the review of Planned Unit 
Development Amendment 08-04 to the July 6, 2010, Board of Commissioners’ meeting pursuant 
to Planning Commission recommendation.  Vote:  Unanimous.

G.	FIRST READING AND PUBLIC HEARING OF PLANNED UNIT 
DEVELOPMENT AMENDMENT / PU 10-01:  Tammy Brodie-Gusmano; Leon Brodie – 
Owner.  To amend a Planned Unit Development to allow for additional uses to occur on the 
property, such as Sunday Brunches, tea parties, a patio area for BBQs, and other special events to 
be hosted on the property.  The applicant is also requesting an on-premise lighted sign and to 
allow the Rushmore Soccer Club to train once a week with no more than 20 players at a time in 
accordance with Section 213 of the Pennington County Zoning Ordinance.

Lot 6 of Tract A, Knights Acres Subdivision, Section 14, T1N, R8E, BHM, Pennington 
County, South Dakota.

MOVED by Young and seconded by Trautman to continue Planned Unit Development 
Amendment 10-01 to the July 6, 2010, Board of Commissioners’ meeting to allow time for the 
applicant to provide proper notice to surrounding landowners.  Vote:  Unanimous.

H.  CANYON SPRINGS PRESERVE SURETY UPDATE:  MOVED by Holbrook and 
seconded by Schmidt to continue this item to the June 15, 2010, County Board meeting and to 
request that the Highway Superintendent review the project and provide an estimate for the cost 
of the second overlay, and it was further moved to confirm the developer’s bank’s willingness to 
extend the letter of credit for the second overlay.  Substitute motion:  MOVED by Trautman and 
seconded by Glassgow to require that the second overlay be completed before August 1, 2010.  
MOVED by Glassgow to call the question.  Vote:  Unanimous.  Roll Call Vote on the substitute 
motion:  Young - no, Schmidt – no, Holbrook – no, Trautman – aye, Glassgow – aye.  The 
substitute motion failed 3-2.  MOVED by Holbrook to call the question.  Vote on the question: 
Unanimous.  The vote on the original motion carried 3-2 with Trautman and Glassgow voting no.  

I.  319 PROJECT - SPRING CREEK UPDATE

COMMITTEE REPORTS

Holbrook left the meeting at 1:05 p.m.

EXECUTIVE SESSION PER SDCL 1-25-2(1) PERSONNEL

MOVED by Young and seconded by Glassgow to convene in Executive Session.  Vote: 
Unanimous.  The Board remained in Executive Session from 1:05 p.m. until 2:14 p.m.  MOVED 
by Young and seconded by Glassgow to adjourn from Executive Session.  Vote: Unanimous.   

AUDITOR’S ACCOUNT OF THE TREASURER
To the Pennington County Board of Commissioners, I hereby submit the following report of my 
examination of the cash and cash items in the hands of the County Treasurer as of May 28, 2010: 
Total balances of checking/savings accounts, $33,803,337.79; Total balance of Treasurer’s Office 
safe cash, $7,600.00; Total certificates of deposit, $5,672,031.35; Total Prime Value Investment, 
$3,154,197.60; Total petty cash, $111,015.00; Total cash items/net NSF checks, $305.15; Total 
long/short, $373.86; Total, $42,748,113.03.  Submitted by Lori Wessel, Deputy Auditor.

PERSONNEL :  Dispatch – Effective 5/3/10:  T. Jackson, $2970;  Jail:  Effective 5/10/10 – D. 
Carter and E. Perry, $2565. 

JULY 2010 MERIT INCREASES:  Auditor: McGregor, K, 21.37/Hr; Mohler, C, 3,989.00; 
Peterson, K, 5,755.00; Severson, L, 3,891.00; Wolf, V, 3,891.00; Treasurer: Brant, A, 4,723.00; 
Dieball, M, 3,796.00; Faber, L, 2,505.00; Fried, C, 2,444.00; Harlan, L, 2,384.00; Petersen, A, 
2,444.00; Sorenson, J, 3,887.00; Tines, K, 2,830.00; Its; Maxwell, C, 5,907.00; Sinclair, S, 
3,609.00; Wager, L, 4,499.00; States Attorney: Ackerman, M, 2,565.00; Alderman, J, 6,481.00; 
Azevedo, M, 3,277.00; Barnier, J, 3,802.00; Canaday, M, 3,360.00; Dollison-Decker, T, 
5,210.00; Dulany, A, 4,196.00; Erickson, R, 5,473.00; Haggerty, D, 4,290.00; Hendrickson, J, 
5,340.00; Hower, J, 3,530.00; Hyronimus, T, 4,838.00; Kallemeyn, S, 4,977.00; King, T, 
2,970.00; Morrison, S, 5,083.00; Moser, C, 3,278.00; Nelson, G, 5,210.00; Redetzke, R, 
3,444.00; Roetzel, L, 6,169.00; Shepard, S, 3,530.00; Smith, J, 3,802.00; Theissen, M, 3,897.00; 
Trimble, L, 3,897.00; Utter, J, 5,340.00; Venhuizen, W, 4,838.00; Willson, H, 2,629.00; Wittman, 
D, 4,187.00; Yellow Robe, S, 3,999.00; Yellowrobe Robertson, A, 3,120.00; Zellmer, J, 
4,838.00; Public Defender: Andersen, B, 5,473.00; Callahan, C, 4,959.00; Celli, K, 3,444.00; 
Chihak, R, 4,186.00; Davis, J, 5,473.00; Diggins, T, 6,041.00; Harris, B, 6,193.00; Laubach, A, 
6,347.00; Niemann, L, 4,196.00; Patterson, J, 4,959.00; Pietz, P, 5,083.00; Shattuck, L, 4,959.00; 
Yanni, A, 5,340.00; Building And Grounds: Alexander, E, 2,633.00; Anders, D, 3,369.00; 
Anders, I, 2,699.00; Berg, D, 2,385.00; Blocker, A, 5,217.00; Bohn, J, 3,444.00; Drewitz, G, 
2,505.00; Eccleston, D, 3,529.00; Enders, J, 3,044.00; Heupel, R, 2,830.00; Jagim, R, 4,191.00; 
Jorgensen, M, 2,505.00; Lehrkamp, M, 2,327.00; Reil, R, 3,800.00; Roberts, J, 3,443.00; Selman, 
B, 3,124.00; Stough, E, 2,270.00; Wortman, M, 3,364.00; Equalization: Benton, R, 4,187.00; 
Caster, P, 3,198.00; Kistler, H, 4,841.00; Mareska, R, 4,292.00; Marx, W, 3,611.00; Peters, D, 
3,207.00; Puckett, D, 3,120.00; Rieck, R, 5,229.00; Schuttler, R, 3,611.00; Swanson, M, 
3,453.00; Thovson, L, 3,709.00; Wendell, G, 3,044.00; Westby, C, 4,085.00; Register Of Deeds: 
Boal, L, 4,962.00; Fite, D, 2,901.00; LE ITS; Evans, J, 3,525.00; Hocking, S, 4,186.00; 
Phuntshok, D, 2,897.00; Sheriff's Dept; Battest, T, 3,887.00; Bellew, L, 2,629.00; Bickett, K, 
2,973.00; Boal, M, 3,984.00; Dailey, M, 5,221.00; Dalton, D, 4,841.00; Decker, G, 4,502.00; 
Dennison Jr, R, 2,901.00; Douma, D, 3,339.00; Dove, L, 3,048.00; Erickson, B, 4,403.00; 
Evenson, J, 5,899.00; Fagerland, J, 3,614.00; Foster, G, 4,392.00; Freeouf, B, 3,792.00; Graves, 
M, 5,214.00; Hauer, D, 3,989.00; Hislip, C, 3,853.00; Huschle, J, 3,792.00; Kenrick, C, 3,765.00; 
Koch, P, 2,974.00; Magnavito, F, 6,787.00; Mann, J, 4,398.00; McCool-Deneke, R, 2,831.00; 
McCoy, S, 2,629.00; McLane, T, 4,969.00; Melvin, K, 3,124.00; Mitzel, J, 3,614.00; Morrison, 
D, 3,887.00; Myers, F, 3,048.00; Nordell, R, 4,620.00; Olson, D, 3,796.00; Olson, K, 3,048.00; 
Osborne, M, 4,398.00; Rearick, C, 5,626.00; Rehberg, C, 17.56/Hr; Robertson, T, 3,198.00; 
Sargent, M, 4,502.00; Schiferl, J, 3,614.00; Schuft, M, 2,762.00; Ulrich, H, 2,831.00; Varcoe, C, 
3,765.00; Verchio, A, 4,969.00; Weber, K, 5,485.00; Wilhelm, C, 3,792.00; Wood, K, 4,502.00; 
Station: Heitsch, T, 3,806.00; Hodges, J, 3,806.00; Hidta; Hughes, M, 4,614.00; Schulz, E, 
4,186.00; Jail: Ankele, K, 2,822.00; Banning, D, 3,444.00; Boal, J, 4,502.00; Bray, T, 2,505.00; 
Carlson, K, 3,525.00; Cheesman, J, 3,203.00; Claussen, K, 2,762.00; Comrie, N, 3,048.00; 
Damuth, J, 2,694.00; Douthwaite, A, 3,356.00; Fairbanks, R, 3,439.00; Feller, D, 3,887.00; 
Fischer, L, 3,535.00; Fliginger, T, 4,620.00; Greer, P, 5,339.00; Haga, B, 4,962.00; Hicks, D, 
3,614.00; Horinka, J, 2,629.00; Houghton, K, 2,629.00; Houston, K, 4,285.00; Humphrey, A, 
3,356.00; Jones, R, 3,891.00; Klock, S, 2,270.00; Luther, K, 3,525.00; Luthy, A, 2,694.00; 
Marmolejo-Mechaley, J, 2,270.00; Maxfield, P, 3,614.00; McDonald, J, 5,087.00; Meyer, B, 
3,704.00; Milliken, F, 3,984.00; Morgan, D, 3,704.00; Olson, R, 3,525.00; Paulin, J, 4,969.00; 
Pawelski, J, 2,568.00; Popp, G, 2,698.00; Pressley, H, 2,694.00; Prevett, D, 3,796.00; Pritzkau, 
A, 3,614.00; Pyle, T, 3,525.00; Reckling, M, 2,973.00; Reynolds, W, 4,733.00; Severson, P, 
5,351.00; Sigdestad, J, 3,439.00; Smith, C, 4,088.00; Smith, S, 2,822.00; Snipes, J, 4,568.00; 
Starr, M, 4,180.00; Steele, M, 4,614.00; Trainer, J, 3,887.00; Trenary, K, 4,736.00; Utter, D, 
3,439.00; Vivardo, Y, 3,614.00; Williamson, A, 3,185.00; Wilson, K, 3,796.00; Wojcik, M, 
3,948.00; Zellar, J, 3,356.00; Hill City LE: Tallon, T, 3,792.00; New Underwood LE: 
McPherson, R, 3,792.00; School Liaison: Brumbaugh, S, 4,398.00; Halverson, K, 4,620.00; 
Walker, M, 4,508.00; Wall LE: Damuth, L, 3,525.00; Lange, L, 3,525.00; JSC; Atkinson, D, 
4,969.00; Bedard, P, 3,525.00; Braun, K, 3,887.00; Chapman-Holloway, P, 5,344.00; Cummings, 
M, 4,186.00; Danley, J, 4,246.00; Deneui, K, 3,356.00; Dockter, P, 3,885.00; Guilmett, K, 
3,525.00; Guilmett, M, 3,887.00; Guthrie, C, 14.45/Hr; Hall, R, 3,792.00; Hauck, W, 3,792.00; 
Irvine, S, 3,586.00; Jaure, M, 3,356.00; Leveque, C, 6,192.00; Levy, S, 3,586.00; Lindblom, T, 
4,841.00; Luedtke, R, 3,984.00; Maher, J, 3,525.00; Martin, J, 3,356.00; Martina, J, 2,831.00; 
McMillan, T, 4,398.00; Olson, C, 4,184.00; Olson, M, 3,796.00; Oster, D, 5,478.00; Oyler, L, 
3,674.00; Petrik, R, 4,730.00; Philippe, J, 4,398.00; Pinkowski, R, 3,525.00; Ricke, J, 4,614.00; 
Rogers, F, 4,398.00; Rosendahl, R, 3,525.00; Sehr, B, 3,704.00; Smith, D, 4,398.00; Snow, T, 
3,614.00; Standing, R, 2,632.00; Towne, D, 2,762.00; Will, C, 4,184.00; Wood, H, 4,618.00; 
Ziegler, R, 3,982.00; Detox: Ayers, D, 3,449.00; Bell, R, 2,973.00; Boetel, B, 5,609.00; Colhoff 
Glover, L, 3,278.00; Cutler, L, 2,444.00; Edinger, D, 3,048.00; Garcia, P, 2,973.00; Gibbons, G, 
3,198.00; Gonzalez, T, 3,044.00; Hammond, R, 2,901.00; Jones, P, 19.36/Hr; Kautzman, S, 
2,505.00; Kelly, N, 2,761.00; Knapp, T, 3,198.00; Mauch, S, 3,796.00; Nelson, G, 3,278.00; 
Pratt, L, 3,796.00; Reeves, D, 19.38/Hr; Shelatz, R, 2,897.00; Stahlecker, C, 2,761.00; 
Vanschoonhoven, T, 4,392.00; 24-7; Burfeindt, L, 2,901.00; Campbell, B, 2,901.00; Ellis-
Stevens, R, 2,901.00; Palmier, D, 2,901.00; Zimmer, E, 2,901.00; Dispatch: Adams, J, 3,952.00; 
Bahr, P, 22.45/Hr; Bitterman, B, 4,049.00; Born, S, 20.34/Hr; Callahan, T, 4,191.00; Colombe, L, 
4,508.00; Comrie, S, 3,989.00; Ellerton, D, 4,049.00; Felkey, D, 3,891.00; Geary, P, 4,191.00; 
Jeffery, W, 21.72/Hr; Kobes, M, 5,358.00; Malcom, M, 3,857.00; Martens, J, 3,891.00; 
McMahon, T, 3,439.00; Meyers, J, 3,439.00; Neilan, C, 3,704.00; Nicolai, G, 4,741.00; Nilsen, A, 
3,439.00; Nordell, D, 4,146.00; Olson, S, 4,398.00; Piscopo, J, 4,460.00; Rufledt, T, 5,347.00; 
Scott, A, 3,614.00; Shoemaker, M, 4,398.00; Smith, K, 4,146.00; Sortland, S, 3,439.00; Tomjack, 
C, 3,586.00; Highway: Anderson, D, 4,618.00; Beachem, B, 3,713.00; Bintliff, G, 5,355.00; 
Burleson, D, 3,282.00; Casjens, M, 2,830.00; Fogelman, B, 2,901.00; Grable, C, 4,295.00; Hall, 
D, 3,048.00; Hand, L, 2,761.00; Kirksey, R, 3,124.00; Larson, M, 4,505.00; Nelson, D, 3,448.00; 
Nelson, J, 3,901.00; Silbernagel, C, 3,444.00; Sutterer, M, 3,901.00; Townley, R, 2,761.00; 
Walker, R, 4,505.00; Planning; Olson, A, 3,522.00; Zeller, L, 3,522.00; Weed and Pest: Dargatz, 
J, 14.83/Hr; Saxer, D, 14.11/Hr; Thovson, J, 13.11/Hr; Health & Human Services: Ader, A, 
3,444.00; Dahlke, B, 4,290.00; Doorn, C, 5,478.00; Guffey, J, 2,761.00; Harrison, J, 2,761.00; 
Krebs, T, 3,700.00; Semmler, M, 3,044.00; Tice III, M, 4,180.00; Extension: Bruckner, K, 
4,094.00.

PAYROLL:  Commissioners, 9,109.42; Human Resources, 4,386.08; Elections, 17,806.31; 
Auditor, 17,677.05; Treasurer, 48,491.26; Data Processing - Law, 9,907.43; Data Processing - 
General, 33,835.43; State's Attorney, 131,042.75; Public Defender, 90,729.52; Juvenile 
Diversion, 11,127.93; Victim's Assistance, 11,335.92; Buildings & Grounds, 98,879.99; 
Equalization, 63,975.65; Register of Deeds, 24,471.90; Sheriff, 263,568.12; Courthouse Security, 
6,949.90; Service Station, 8,767.87; Arrest Grant, 11,723.02; HIDTA Grant, 8,790.71; CARE 
Budget, 12,591.67; Jail, 393,826.15; Jail Work Program, 4,927.92; Jail Medical, 2,969.75; Jail 
Maintenance, 11,029.51; Hill City Law, 11,379.30; Keystone Law, 5,137.05; New Underwood – 
Law, 3,949.74; School Liaison, 19,418.98; Wall Law, 11,227.67; JSC Teachers, 26,067.25; Home 
Detention, 7,405.67; Alcohol & Drug, 145,051.22; Friendship House, 29,534.28; Prevention 
Program, 6,025.00; Dispatch, 149,430.20; Ordinance, 3,355.50; Economic Assistance, 44,585.72; 
Mental & Alcohol-SAO, 7,255.54; Mental & Alcohol-HHS, 3,278.09; Extension, 3,994.01; 
Weed & Pest, 12,341.99; Planning and Zoning, 18,915.90; Water Protection, 4,078.42; Juvenile 
Services Center, 252,069.61; JSC Maintenance, 5,619.58; Highway, 181,029.46; Drug Seizure, 
5,313.08; Fire Administration, 6,469.47; Emergency Management, 9,360.46; 24/7 Program, 
16,215.76 

VOUCHERS:  First Interstate Bank, 4,674.13; City of Rapid City-Water, 15,530.00; Executive 
Mgmt Finance Office, 13.48; Knology, 4,322.30; Montana Dakota Utilities, 8,091.46; Verizon, 
5,101.36; Alltel, 1,513.70; BH Power Inc, 8,388.40; Rainbow Gas Co, 3,776.50; CBM Food 
Service, 35,989.61; Pioneer Bank Visa, 2,382.19; First Administrators, 118,718.76; Qwest-
Seattle, 216.56; Wal-Mart Community, 129.54; City of Hill City, 64.33; Red River Service Corp, 
44.84; Qwest, 2.50.


ADJOURN

MOVED by Glassgow and seconded by Young to adjourn the meeting at 2:14 p.m.  Vote:  
Unanimous.

/s/Julie A. Pearson, Auditor

Published once at total approximate cost of ______. 

Publish:   June 16, 2010

June 1, 2010



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