LAWRENCE COUNTY COMMISSIONERS MEETING – JANUARY 2, 2001

The regular meeting of the Lawrence County Commissioners was called to order by Chairman James J. Seward at 8:30 a.m. on January 2, 2001 in the Administrative Annex Building of the Lawrence County Courthouse located at 90 Sherman Street, Deadwood, SD with Commissioners Connie Douglas, Terry Weisenberg, Barbara Mattson and George Opitz present.

All motions were passed by unanimous vote unless stated otherwise.

Judge Johnson was present to swear in the newly elected County Commissioners James J. Seward and Terry W. Weisenberg; and Officials Debora Tridle, Treasurer and K. Michael Chaput, Coroner.

2001 ANNUAL APPOINTMENTS & DESIGNATIONS

CHAIRMAN OF COUNTY COMMISSIONERS: Moved-Seconded (Opitz-Weisenberg) To appoint Commissioner Douglas as the Chairman of the Lawrence County Commissioners for 2001. Motion Carried.

VICE-CHAIRMAN OF COUNTY COMMISSIONERS: Moved-Seconded (Weisenberg- Seward) To appoint Commissioner Mattson as the Vice-Chairman of the Lawrence County Commissioners for 2001. Motion Carried.

HIGHWAY & PHYSICAL PLANT SUPERINTENDENT APPOINTMENT: Moved- Seconded (Seward-Opitz) to appoint Chuck Williams as the Highway and Physical Plant Superintendent for a two-year term to expire 1-03. Motion Carried.

LEGAL NEWSPAPERS: Moved-Seconded (Mattson-Weisenberg) To designate the B.H. Pioneer and the Lawrence County Centennial as the legal newspapers for 2001. Motion Carried.

SHERIFF'S OFFICE POSITIONS: Moved-Seconded (Weisenberg-Opitz) To restate the full time positions in the Lawrence County Sheriff's office for 2001 as follows: (1) Chief Deputy (6) Deputies, (3) Detective, (2) Process Servers, (9) Jailers, (1) Bailiff, (2) Cooks, (1) Dispatch Supervisor/911 Coordinator, and (7) Dispatchers. Motion Carried.

INDIGENT FUNERAL EXPENSE: Moved-Seconded (Mattson-Weisenberg) To continue the indigent funeral expenses paid by the County as stated in the Lawrence County Welfare Program Rule. Motion Carried.

COUNTY BOARDS AND COMMITTEES:

AIRPORT BOARD: Moved-Seconded (Opitz-Weisenberg) To appoint Commissioner Seward for 2001.

EMERGENCY MANAGEMENT LOCAL EMERGENCY PLANNING COMMITTEE AND EMERGENCY OPERATIONS PLAN: Moved-Seconded (Seward-Weisenberg) To appoint Commissioner Opitz for 2001.

EXTENSION BOARD: Moved-Seconded (Weisenberg-Seward) To appoint Steve Peters, Georgia Jensen, Robin Olson, Roxie Tetrault, Richard Sleep, Teah Pray and Commissioner Seward for a one year term to expire 1-2002.

FAIR BOARD: Moved-Seconded (Seward-Weisenberg) To appoint Gerald Draine for a (3) year term to expire 1-2004 and Commissioner Douglas for a one year term.

MENTAL ILLNESS BOARD: Moved-Seconded (Opitz-Seward) To appoint Ron Pray and Barbara Hansen as members for a three-year term to expire 1-2004.

PLANNING & ZONING BOARD: Moved-Seconded (Weisenberg-Seward) To appoint Terry Kullbom for a five year term to expire 1-2005 and to appoint Commissioner Mattson for 2001.

WEED BOARD: Moved-Seconded (Weisenberg-Seward) To appoint Charles Nicholas and Russell Rantappa for a term to expire on 1-2004; appoint Richard Sleep to fill the term of Jim Jennings; and appoint Commissioner Mattson for 2001.

BOARD OF HEALTH ADVISORY BOARD: Moved-Seconded (Weisenberg-Opitz) To appoint Chairman Douglas for 2001.

INSURANCE COMMITTEE: Moved-Seconded (Seward-Weisenberg) To appoint Commissioner Opitz for 2001.

B.H. COUNCIL OF LOCAL GOVERNMENTS: Moved-Seconded (Opitz-Weisenberg) To appoint Commissioner Weisenberg as Representative and Commissioner Seward as Alternate.

FIRE ADVISORY BOARD: Moved-Seconded (Seward-Weisenberg) To appoint Commissioner Opitz for 2001.

RESOURCE CONSERVATION & DEVELOPMENT: Moved-Seconded (Seward-Weisenberg) To appoint Commissioner Mattson for 2001 and Chairman Douglas as an alternate.

SOIL CONSERVATION BOARD: Moved-Seconded (Opitz-Seward) To appoint Commissioner Weisenberg for 2001.

LIBRARY BOARD: Moved-Seconded (Weisenberg-Seward) To appoint Chairman Douglas for 2001.

STATE DIVISION OF FORESTRY CONTACT PERSON: Moved-Seconded (Weisenberg- Opitz) To appoint Chairman Douglas and Commissioner Seward as alternate for 2001.

USGS WATER & HYDROLOGY STUDY COMMITTEE: Moved-Seconded (Seward- Weisenberg) To appoint Chairman Douglas and Commissioner Opitz as alternate for 2001.

WELLHEAD PROTECTION PLAN COMMITTEE: Moved-Seconded (Seward-Weisenberg) To appoint Chairman Douglas and Commissioner Opitz as alternate for 2001.

MULTIPLE USE COMMITTEE: Moved-Seconded (Weisenberg-Douglas) To appoint Commissioner Seward to the Multiple Use Committee.

EDA REVOLVING LOAN BOARD: Moved-Seconded (Opitz-Mattson) To appoint Commissioner Weisenberg as the Commissioner Representative for 2001.

WESTERN SD COMMUNITY ACTION: Moved-Seconded (Seward-Weisenberg) To appoint Ida Marie Snorteland for a one-year term.

WESTERN SD JUVENILE SERVICES CENTER COMPACT: Moved-Seconded (Seward- Weisenberg) To appoint Commissioner Opitz to a three-year term to expire Feb 2004.

LOCAL RULE OF ORDER: Moved-Seconded (Weisenberg-Seward) to adopt the local rule of order requiring three commission members approval to pass a motion. Motion Carried.

PERSONNEL: DIRECTOR OF EQUALIZATION: Moved-Seconded (Seward-Opitz) to approve the reclassification of Les Struble to an Appraiser IV at the base rate of $13.00 an hour effective 1-1- 2001. Motion Carried.

2001 WAGES: Moved-Seconded (Seward-Mattson) to accept the following 2001 wage scale and wages for the salaried personnel and per hour for hourly personnel, unless stated otherwise. Motion Carried. 2001 WAGES (per SDCL 6-1-10): Commissioners: Weisenberg,Terry-8,113; Douglas,Connie- 8,113; Opitz,George-8,113; Seward,James-$8,113; Mattson, Barbara-$8,113; Barrett,Marlene- 32,140.40.; Auditor: Atkinson,Connie-38,859; McGruder,Brenda-12.51; Nelson,Melody-10.53; Sargent,Debbie-8.61. Computer: Dias,Gregory-47,475.20; McGruder,Randall-14.60; Leatherman,Debra-$11.16;. Treasurer: Tridle,Debora-32,000; Hagerty,Sharon-11.56; Sjomeling,Carol-11.50; Winters,Doris-10.43; Haupt,Janice-10.37; Schwindt,Lisa-8.88; Atkinson,Sally-7.83. Register of Deeds: Meverden,Judy-34,961; Narem,Sharon-11.83; Green,Sheree-11.18; Slane,Mary-10.35; Lux,Teresa-9.70. Director of Equalization: Piekkola,Darlene-43,482.20; Bridenstine,Nancy-12.27; Amende,Muriel-12.08; Struble,Les- 13.00; Writer,Jason-10.98; Carrico,Linda-11.04; Woodle,Sharon-11.05; Mund,Priscilla-8.36. States Attorney: Fitzgerald, John-52,300; Outka,Bruce-40,000; Madsen,Chris-40,000; O'Grady,Glenna-12.88; Baumann,Michelle-12.59; Crane,Shannon-9.43; Stoflet,Margie-11.32. Public Defender: Kosel,Joe-47,152; Landeen,Joel-35,416; Baloun,Thomas-15.09; Washburn,Lisa-9.43. Maintenance: Frerichs,Richard-15.85; Richards,Keith-10.45; Carr,Zoe- 9.63; Lee,Laura-8.03; Ekeren,Thomas-8.03. Veterans Service Officer: Loken,William-15,997. Emergency Management: Muchow,Howard-14,164.80; Roth,Sherri-9.50. Airport: Harmon,Jim- 11.95. Board of Health: Kuettle,Dan-26,456.00. Soil Conservation: Miller, Dianne-8.11. Weed: Heck,David-28,000. Extension: Bertch,Alyce-11.86; McGuinness,Sherry-6.37. Planning&Zoning: Birk,Erik-34,166.40; Maynard,Debora-9.77; Sheriff: Mowell, Richard- 46,857; Harmon,Joe-41,225.60; Hansen,Paul-15.76; Rosenau,Randall-15.81; Dean,Brian-15.83; Goetsch,Martin-15.22; Hulm,Andrew-13.91; Little,Tavis-15.14; Shafer,Mike-15.14; Thompson,Colin-15.14; Watt,James-13.91; Gabriel,Larry-12.90; Wurtele, Brian-12.77; Metzger,Judy-9.51; Richards,Dee-10.53; Nowell,Dona-11.25; Larson,Dale-13.87; Asheim,Roger-11.81; Antijunti-Lisa-11.76; Bradley,Anthony-11.76; Williams,Robert-11.96; Vickery,Mari-etta-11.76; Brennan,Seth-11.76; Stich,Lynn-11.76; Roth,Rhonda-10.22; Mcallister,Gary–10.22; Larson,Dan-10.30; Kaiser,Faith-10.40; Duncan,Debbie-10.40; Sandvick,Thomas-12.49; Hamilton,Marion-10.68; Nelson, Kesha-10.69; Black,Sue-10.60; Easter,Lisa-10.60; White,Richard-9.38; Cox,Vicki-10.60; Blanks,Katherine-10.60; Burrer,LeeAnn-10.22; Culver,Kim-10.22; Clark,Virginia-10.60; Fitzgerald,Sara-9.38; Whittington,Betty-9.38; Rohrer,Tara-9.38; Hagerty,Richard-10.00; Allen,Alicia-10.22; Baier,Brian-10.00; Harvey,Jerome-8.66; Jansevics,Jake-10.00; Kaiser,Daniel-10.00; Kotak,Joe- 9.52; Stotts,Stewart-10.00; Lechner,Shelly-8.66; Lechner,Tim-8.66; Nicholas,Verla-8.66; Rear,Kay-8.66; Symonds,Matthew-10.00; Mendoza,David-10.00; Highway: Williams, Charles- $52,136; Ryan,Steve-16.27; McCormick,Robert-16.39; Porter, Bonnie-12.68; Vandenberg,Maria-9.43; Agena,Timothy-13.82; Barret,Tim-13.74; Bey,John-14.67; Burleson, Norman-13.79; Dahl,Dennis-14.25; Eide,Curtis-14.22; Fystro,Terry-14.22; Grenstiner,Edwin- 14.49; Heying,Bradley-13.81; Hudson,Roger-13.74; Kopel,Lester-13.80; Lensegrav, Richard- 13.94; Patino,Mark-13.74; Rosencranz,Robert-13.74; Silvernail,Dennis-14.19; Williams,Kenneth-14.31. LAWRENCE COUNTY 2001 PAYROLL STEPS AND RATES

ENTRY 6 MOS. 12 MOS. 24 MOS. 36 MOS. 60 MOS. 84 MOS. POSITION STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7

CLERK I 6.37 6.88 7.14 7.40 7.66 8.15 8.66

CLERK II / CASHIER 7.33 7.83 8.09 8.36 8.61 9.12 9.63

ADM CLK / REC CLK III 7.66 8.15 8.42 8.66 8.93 9.43 9.96

ACCT CLK / REC CLK IV 7.83 8.36 8.61 8.88 9.12 9.63 10.15

SECRETARY / LEGAL SEC I 8.66 9.20 9.43 9.69 9.96 10.48 10.96

LEGAL SECRETARY II 9.30 9.83 9.96 10.33 10.59 11.12 11.62

OFFICE SUPERVISOR 8.74 9.25 9.52 9.74 10.15 10.64 11.18

***** HIGHWAY ********** ***** MAINTENANCE ***** FOREMAN 15.76 CUSTODIAN I 8.03 HEAVY EQUIPMENT OPERATOR 13.74 CUSTODIAN II 9.63 LIGHT EQUIPMENT OPERATOR 13.08 MAINT. WORKER I 8.61 MECHANIC 13.74 MAINT. WORKER II 10.45 MECHANIC FOREMAN 14.43 PT. TIME CUSTODIAN 6.37 MAINT. WORKER/SUMMER HELP 8.61 **** SHERIFF ********* **** AIRPORT ****** DEPUTY I 13.91 MAINTENANCE 11.88 DEPUTY II 15.14 DETECTIVE 15.76 **** WEED ********* PROCESS SERVER 12.68 SPRAYER 8.00 10.00 BAILIFF 13.59 GPS 8.00 10.00 E-911 COORDINATOR 11.64 DISPATCHER III 11.10 DISPATCHER II 10.60 **** APPRAISER **** DISPATCHER I 9.38 APPRAISER I 9.78 CORRECTIONAL II 11.76 APPRAISER II 10.98 CORRECTIONAL I 10.22 APPRAISER III 12.00 GUARDS/TRANSPORT OFFICER 8.66 APRRAISER IV 13.00 TRAINEE JAIL 6.54 COOK / JAIL ASST 10.40 **** FIRST DEPUTY **** COOK I 9.52 AUDITOR 12.42 RESERVE DEPUTY 10.00 TREASURER 11.38 MATRON or GUARD DUTY 25. 00 PER DAY REG OF DEEDS 11.38 DIR EQUAL 11.82

ELECTION OFFICIALS COMPENSATION : Moved-Seconded (Opitz-Weisenberg) to approve the following Resolution #2001-01 Election Officials Compensation. Motion Carried. RESOLUTION #2001-01 ELECTION OFFICIALS COMPENSATION WHEREAS, SDCL 12-15-11 requires the Lawrence County Commission at its first regular meeting each year set the compensation to be paid out of the County Treasury to election Superintendents and Judges of each Election Board. NOW, THEREFORE , the following election officials shall be compensated at the rate set below: Superintendents $95.00; Judges $75.00 IN ADDITION , each of the election officials and workers who participate in an election school prior to any election shall be compensated an additional $10.00. All election officials and employees shall be paid mileage for all travel incurred in regard to said employment at the rate of $ .29 per mile. Extra help hired to work on election night in the Auditor’s Office will be paid at the rate of $8.00 per hour. DATED this 4th day of January, 2001. BOARD OF COUNTY COMMISSIONERS: James Seward, Chairman; Connie Douglas, Barbara Mattson, George Opitz, and Terry Weisenberg. ATTEST:Connie Atkinson, Auditor.

RESOLUTION #2001-02 POLLING PLACES & PRECINCTS: Moved-Seconded (Opitz- Seward) to approve the following resolution setting the polling places and precincts in 2001. Motion Carried. WHEREAS, SDCL 12-14-1 requires that the Lawrence County Commission shall by resolution provide for election precincts throughout its county and shall designate polling places within such precincts, NOW, THEREFORE, for all county elections, except where elections by ward or a boundary other than a precinct is required, the following polling places shall be established for the precincts in Lawrence County: Lead 1st & 3rd Ward-Golden Hills Resort & Convention Center; Lead 2nd Ward-Golden Hills Resort & Convention Center; Deadwood-Lawrence County Administrative Annex; Spearfish 1st Ward-Senior Citizen's Center; Spearfish 2nd Ward-Senior Citizen's Center; Spearfish 3rd Ward-Senior Citizen's Center; Boxelder-Nemo Church; Rural #1-Lawrence County; Administrative Annex; (Trojan- Nahant/Central City/Pluma/Boulder Canyon); St. Onge-St. Onge Community Hall; Whitewood- Whitewood Hale Hall; Reeds Crow Peak & Valley 1-Spearfish Park Pavilion; Valley 2- Spearfish Park Pavilion. DATED this 4th day of January, 2001. BOARD OF COUNTY COMMISSIONERS: James Seward, Chairman; Connie Douglas, Barbara Mattson, George Opitz, and Terry Weisenberg. ATTEST:Connie Atkinson, Auditor.

MEDICAL ASSISTANCE APPEAL - IC: Moved-Seconded (Opitz-Weisenberg) To deny medical assistance to IC based on a review of the evidence provided at the appeal hearing held on December 28, 2000, and information obtained since the date of application. To concur with the letter of denial sent on November 29, 2000 by Marlene Barrett and it appears that IC was less than forthright in disclosing funds that were available to IC when application for medical assistance was made. Specifically IC failed to disclose approximately $3200 in monies available that was ultimately used to purchase a used motor home. To direct Bruce Outka to send a letter to IC notifying IC of the denial of medical assistance. Motion Carried.

EXECUTIVE SESSION: 9:15 am - Moved-Seconded (Seward-Weisenberg) to go into executive session with Bruce Outka, Deputy States Attorney for personnel matters. Motion Carried. Opened-9:30.

AN ORDINANCE AMENDING THE LAWRENCE COUNTY ENVIRONMENTAL REVIEW PLAN ORDINANCE: The first reading was held on An Ordinance Amending The Lawrence County Environmental Review Plan Ordinance. Second reading will be on January 23, 2001. This amended ordinance will affect Section 1-2-2. Lawrence County Environmental Policy, subsection E. Recreation, Wildlife and Tourism; and Section 1-5-4 General Requirements.

TREASURER: Debora Tridle, County Treasurer, was present to inform the Board on changes she has made to the Tax Notices for taxes payable 2001. The tax notices being sent out will have a statement on them stating “Your cancelled check is your receipt”. Tridle stated any taxpayer who requests a receipt will be mailed one. Tridle commented if this year is successful she will have a box printed on the receipt next year for the taxpayers to mark if they want a receipt mailed to them. Tridle estimated a cost savings of approximately $5,000 a year, this does not reflect the savings in employee’s time. Douglas asked Tridle to estimate what the timesavings would be and let the Board know. Tridle stated the door to the Treasurer’s Office will be open until 5:00 p.m. for business.

EMERGENCY MANAGEMENT ADMINISTRATIVE PLAN: Moved-Seconded (Seward- Opitz) to approve the following Resolution #2001-03. Motion Carried.

RESOLUTION #2001-03 WHEREAS, the laws of South Dakota (SDCL 33-15) provide that each political subdivision of the State is authorized and directed to establish a local office of Emergency Management; and WHEREAS, the County of Lawrence recognizes such delegation of authority as outlined in state statutes and further recognizes that it is their responsibility in the event of a disaster either manmade or natural to protect the life, property and economy of Lawrence County residents and further to minimize human suffering and restore the economy and productivity of Lawrence County following a disaster" NOW, THEREFORE, BE IT HEREBY RESOLVED that Lawrence County hereby agrees to maintain a County office of Emergency Management and appoint a Emergency Management Director. Said Director shall meet the qualifications designed by the County Personnel Resolution and shall be responsible to the Board of County Commissioners, The Director shall make program reports to the County Commissioners as necessary. The Director shall prepare and submit a comprehensive budget for the County Commissioners approval. The headquarters and office of record of the County Office of Emergency Management shall be located in Lawrence County, City of Deadwood, South Dakota. BE IT HEREBY RESOLVED that this resolution is necessary in the public interest and is hereby adopted and approved by the Lawrence County Commissioners on this 2 nd day of January, 2001. Connie H. Douglas, Chairman, Lawrence County Board of Commissioners. ATTEST: Connie Atkinson, Auditor Lawrence County. LAWRENCE COUNTY EMERGENCY MANAGEMENT, ADMINISTRATIVE PLAN REVISED JANURARY 2001

MINUTES : Moved-Seconded (Weisenberg-Mattson) to approve the minutes of December 28, 2000. Motion Carried.

NORTHERN HILLS COMMUNITY DEVELOPMENT: Jim Doolittle, Northern Hills Community Development presented the Board with the following information: 1) The total amount that has been repaid in the two years of operation is $110,422; 2) The current monthly principal and interests payments amount to $3,921; 3) A ttached a roster of the seven (7) Loan Review Committee members that were appointed when the original EDA application was submitted during the summer of 1998. Randy Morris, Kevin Whitelock, Jim Aberle, Terry Weisenberg, Larry Mann, Harley Lux, and Mike Rodman are members. In response to your question relating, to term limits, the terms for the committee appointees were generally two or three years. The Lawrence County Commission appointed Terry Weisenberg, and Jim Aberle. Jim's term has expired and Terry has another year to serve. Additionally, the CARE organization appointed Larry Mann, Harley Lux, and Mike Rodman. All these terms were for two years and are now open for appointment. Since CARE no longer exists, either the Lawrence County Commission and/or Black Hills Community Development, Inc. may fill these vacant positions. 4) Another question related to administrative costs. In the past two (2) years, a total of $22,078 was utilized from origination fees, late fees, and loan interest for some of the administrative costs. This included some legal fees for closing costs as well as staff time and expenses. Doolittle also presented their most recent audit, which was finalized last week. It includes an audit of the Lawrence County Revolving Loan Fund.

Moved-Seconded (Weisenberg-Seward) Lawrence County Commission feels the best use of Severance Tax Money is to leverage it and they would like to take $200,000 from the principal base, pending approval from the Governor’s Office of Economic Development. The $200,000 would be leveraged with $300,000 EDA Funds to become $500,000. If they do not hear anything within 2 month of this date the offer of $200,000 to the Lawrence County Revolving Loan Fund becomes null and void. Lawrence County Commission will appoint 4 members on the 7 member Board. Approve the following Resolution #2001-05. Motion Carried.

RESOLUTION #2001-05: A RESOLUTION APPROVING A DISTRIBUTION FROM THE LAWRENCE COUNTY IMPACT AND ECONOMIC DIVERSIFICATION TRUST FUND TO THE LAWRENCE COUNTY REVOLVING LOAN FUND TO ASSIST IN THE RECAPITALIZATION OF THE LAWRENCE COUNTY REVOLVING LOAN FUND. WHEREAS, the Lawrence County Commission has previously contributed $125,610.00 as match to assist in the creation of the Lawrence County Revolving Loan Fund which, along with an EDA Grant, totaled $532,000; and WHEREAS, between February of 1999 and December of 2000 a total of nine (9) loans have been closed by the LCRLF in Lawrence County creating in excess of 340 full time jobs; and WHEREAS, the LCRLF has recently made application to EDA to recapitalize the LCRLF and EDA has advised that if such application is approved, EDA will provide a grant of $300,000 to the LCRLF, contingent upon $200,000 in local matching funds (for a total recapitalization of $500,000); and WHEREAS, the Lawrence County Commission desires to affect continued job creation and economic development in Lawrence County and has funds available for match in it’s Impact and Economic Diversification Trust Fund; NOW THEREFORE BE IT RESOLVED the Lawrence County Commission hereby approves a matching contribution in the amount of $200,000 from the Lawrence County Impact and Economic Diversification Trust Fund to the Lawrence County Revolving Loan Fund. This approval is contingent upon the LCRLF successfully receiving a grant from EDA for $300,000 to recapitalize the LCRLF within two (2) months of the date of this resolution. The $200,000 commitment is also contingent upon approval from the South Dakota Governor’s Office of Economic Development within the same time frame. BE IT FURTHER RESOLVED that the Lawrence County Commission Chairman and Auditor are hereby authorized to execute and sign on behalf of Lawrence County, and any and all documents necessary to carry out the purposes of this resolution. Dated this 2 nd day of January, 2001. FOR THE BOARD: Connie H. Douglas, CHAIRMAN. ATTEST: Connie Atkinson, AUDITOR

Douglas asked that Doolittle present an annual report, on a yearly basis, on the Lawrence County Revolving Loan Fund. Douglas asked the Commission to present names for individuals to serve on the Lawrence County Revolving Loan Fund to Marlene Barrett, Commissioners Assistant, prior to the next meeting.

ADJOURN: 10:30 a.m. - There being no further business it was Moved-Seconded (Weisenberg-Mattson) to adjourn. Motion Carried.

______DATE

______CONNIE H. DOUGLAS, Chairman ATTEST:

______CONNIE ATKINSON, Auditor LAWRENCE COUNTY COMMISSIONERS MEETING - JANUARY 23, 2000

Chairman Connie H. Douglas called the regular meeting of the Lawrence County Commissioners to order at 8:00 a.m. on January 23, 2000 in the Administrative Annex Building of the Lawrence County Courthouse located at 90 Sherman Street, Deadwood, SD with Commissioners James J. Seward, Terry Weisenberg, Barbara Mattson and George Opitz present.

All motions were passed by unanimous vote unless stated otherwise.

MINUTES: Moved-Seconded (Weisenberg-Seward) to approve the minutes of January 2, 2000. Motion Carried.

PERSONNEL: TREASURER: Moved-Seconded (Opitz-Mattson) to approve Carol Sjomeling as First Deputy in the Treasurer’s Office at the base rate of $11.38 an hour effective January 16, 2001. Motion Carried.

Moved-Seconded (Weisenberg-Seward) to approve Sally Atkinson as a full-time Administrative Clerk Step II at the base rate of $8.15 an hour effective 1-16-2001. Motion Carried.

STATES ATTORNEY: Moved-Seconded (Weisenberg-Douglas) to reclassify Chris Madsen as an Investigator at the rate of $15.03 an hour effective January 8, 2001. Motion Carried.

Moved-Seconded (Mattson-Opitz) to allow Shelly Baumann to exceed her vacation maximum because of workload in the State Attorney Office. Motion Carried.

SHERIFF: Moved-Seconded (Opitz-Seward) to approve the hiring of Mark Ginsbach as a part time dispatcher at the base rate of $9.38 an hour effective 1-23-01. Motion Carried.

Moved-Seconded (Seward-Opitz) to approve Stuart Stotts as a part time jailer at the training rate of $6.54 an hour for 40 hours and then at a rate of $10.22 as a Correctional Officer I. Motion Carried.

Moved-Seconded (Opitz-Douglas) to approve Rhonda Roth as a Correctional Officer II at the rate of $11.76 an hour effective 1-23-01. Motion Carried.

TRAVEL REQUESTS: VETERAN SERVICE OFFICER: Moved-Seconded (Seward-Opitz) to approve the travel request for William Locken to attend the SDVSOA Executive Committee / South Dakota Veterans Commission meeting in Pierre, SD on January 29-30, 2001. Motion Carried.

WEED & PEST: Moved-Seconded (Weisenberg-Mattson) to approve the travel request for David Heck to attend the Governor’s Weed Conference on Canada Thistle and Leafy Spurge on February 8, 2001. Motion Carried.

COUNTY DAY: Moved-Seconded (Seward-Mattson) to approve the reimbursement of expenses for interested County Officials, Department Heads and Commissioners to attend County Day February 8, 2001 and /or Lawrence County’s designated day at the legislature on January 31, 2001. Motion Carried.

BOARD OF HEALTH: The board discussed the recent resignation of Dan Kuettle. The Board directed that Planning and Zoning handle the routine business during the interim. Moved- Seconded (Weisenberg-Seward) Not to hire staff to replace Dan Kuettle and turn the services back to the South Dakota Department of Health. A thirty-day notice will be sent to the Department. Motion Carried.

BOARD APPOINTMENTS: PUBLIC DEFENDER: Moved-Seconded (Opitz-Mattson) to appoint Weisenberg and Seward to the Public Defender Board for the year 2001. Motion Carried.

AIRPORT: The Board announced that there is an opening on the Airport Board and anyone interested in serving should contact the Board.

LAWRENCE COUNTY REVOLVING LOAN FUND: Moved-Seconded (Seward- Weisenberg) to appoint Marlene Barrett, Chuck Vanderzeil and Joe Peterson to the Lawrence County Revolving Loan Fund for a two-year term. Motion Carried.

AUDITOR’S ACCOUNT WITH TREASURER REPORT: Moved-Seconded (Opitz- Mattson) to accept the following report as read by the Auditor. Motion Carried. Auditor's Account with the County Treasurer: The Auditor's Account with the County Treasurer as of December 31, 2000 showed the following: Total amount of deposits in banks-$9,238,667.14; Total amount of actual cash-$1,000.00; Total amount of Checks and drafts in Treasurer's possession not exceeding three days check deposit in transit)-$74,068.76; Total amount of cash in transit in Treasurer's possession (cash deposit in transit)-$1,745.79; Petty Cash-$1,585.00; Total-$9,317,066.69. (NOTE: petty cash includes: Sheriff-$1,000; Reg.of Deeds-$275; Auditor- $100; Hwy & Planning & Zoning-$50; Equalization-$35.; Public Defender, Gen.Govt.Bldgs and Extension-$25). Total amount of deposits in bank include: CD's-$6,250,000.00; Bank Balance- $2,784,569.88; and GNAM's-$204,097.26.

DELINQUENT TAXES REPORT: Per SDCL 7-21-35 the total 1999 taxes levied for in 2000 was $22,921,763.96 and the total unpaid as of 12-31-00 was $373,162.09 which represents a 1.63% delinquency. Moved-Seconded (Seward-Douglas) to accept the Delinquent Taxes Report of 2000 levied and unpaid taxes as reported by the Auditor. Motion carried.

EXECUTIVE SESSION: 8:15 am - Moved-Seconded (Weisenberg-Seward) to go into executive session to discuss contractual matters. Motion Carried. Opened-8:30.

AN ORDINANCE AMENDING THE LAWRENCE COUNTY ENVIRONMENTAL REVIEW PLAN ORDINANCE: The second reading was held on An Ordinance Amending The Lawrence County Environmental Review Plan Ordinance. Dick Reid presented a letter from Norm Nicholls of the Spearfish Canyon Preservation Trust, Inc. asking the Board to postpone action on the proposed amendment for 30 days to allow them to comment on the original ordinance and proposed amendment. The Board stated they are only taking action on the amendment regarding term limits and the number of members who serve on the Board. The Board stated they have not been able to fill all the Boards with the seven members and the amendment would change to five members. The Board also stated because of term limits all the appointments to the committee’s have expired and they need to move forward with the amendment. Reid and Lynn Namminga stated since the amendment is only dealing with these issues they commented the Board should go forward.

Moved-Seconded (Weisenberg-Douglas) to adopt the following “AN ORDINANCE AMENDING THE LAWRENCE COUNTY ENVIRONMENTAL REVIEW PLAN ORDINANCE”. Motion Carried.

AN ORDINANCE AMENDING THE LAWRENCE COUNTY ENVIRONMENTAL REVIEW PLAN ORDINANCE: BE IT ORDAINED: By Lawrence County, South Dakota, that the following sections of the Lawrence County Environmental Review Plan Ordinance be amended to read: (Deletions are indicated by strike-through marks and Additions are underlined.) Section 1-2. LAWRENCE COUNTY ENVIRONMENTAL POLICY 1-2-2: Subsection E. RECREATION, WILDLIFE AND TOURISM 1. POLICIES: e. Lawrence County hereby establishes a Recreation, Wildlife and Tourism Committee with the following duties: (1) The Recreation, Wildlife and Tourism Committee shall be made up of seven five individuals, four three of whom are presently a member of or are engaged in or employed by a public or private recreation or tourism business, club, organization, association or agency actively operating within the County or who are wildlife professionals. Section 1-5. GENERAL REQUIREMENTS 1-5-4: Each member of a committee established under this Environmental Review Plan shall be appointed by the Lawrence County Commission (except as otherwise provided for the Joint Committee), and shall serve terms of three years (except for the initial committee terms of office as explained below). No committee member may serve more than two consecutive terms of office (whether initial or full term). The initial terms of office for the Agriculture Committee, Timber Committee, Mining Committee, and Recreation Wildlife and Tourism Committee (with five members) shall be as follows: one member shall serve an initial one year term of office, two members shall serve an initial two year term of office, and two members shall serve an initial three year term of office. The initial terms of office for the Recreation, Wildlife and Tourism Committee (with seven members) shall be as follows: two members shall serve an initial one year term of office, two members shall serve an initial two year term of office, and three members shall serve an initial three year term of office. After serving the foregoing initial terms of office, such terms shall all be three years and the committee membership of the Agriculture Committee, Timber Committee, Mining Committee, and Recreation Wildlife and Tourism Committee shall rotate on an annual schedule as established herein. LAWRENCE COUNTY BOARD OF COMMISSIONERS; BY: Connie H. Douglas, CHAIR. ATTEST: Connie Atkinson, AUDITOR. LAWRENCE COUNTY STATES ATTORNEY. John H. Fitzgerald. First Reading: January 2, 2001. Second Reading: January 23, 2001. Adoption Date: January 23, 2001.

PUBLIC HEALTH NURSE REPORT: Denise Rosenberger presented the Board with the Oct-Dec, 2000 quarterly report, reviewing the Family Planning services, WIC, MCH (Maternal Child Health) services, meetings and office related matters.

SEVERANCE TAX FUNDS: The Board discussed the repayment of the match funds of $125,500 for the EDA Grant. Randy Morris, Executive Director, had previously stated these match funds would be paid back in annual payments to Lawrence County with 0% interest. The Board directed Douglas to write Morris a letter asking him to explain in writing why these funds will not be paid back.

The Board directed Barrett to send letters of denials on two requests of Severance Tax Funds.

HIGHWAY BUSINESS: LAWRENCE COUNTY SNOW REMOVAL POLICY: Moved-Seconded (Opitz-Seward) to adopt the following Snow Removal Policy. Motion Carried. LAWRENCE COUNTY SNOW REMOVAL POLICY: It is the policy of Lawrence County to initiate snow removal operations for purposes of maintaining traffic as long as visibility is above minimum standards and weather conditions are such that plowing can be done safely and when such snow removal efforts will be effective for at least five hours. The general practice shall be as follows: When snowfall is at least two inches, but less thin four inches. All hard surfaced roads will be plowed during normal working hours. With a snowfall of four inches or more, all gravel roads, as well as hard surface roads, will be plowed during normal working hours. At this point, plowing may commence before and after normal working hours, as well as weekends and holidays. The snow removal operations will be initiated out of the main shop in Deadwood, as well as the satellite shops located in Spearfish and Whitewood. The normal hours of plowing shall be daylight hours between 7:00 A.M. AND 3:30 P.M. It is the County's policy to sand only primary roads at stop intersections, curves and steep hills. Other locations on primary and secondary roads may be sanded if persistent icy conditions remain for a number of days. Sanding will commence during normal working hours unless notified by law enforcement officials that conditions are such that sanding should commence immediately. ADOPTED THIS 23rd DAY OF JANUARY 2001. FOR THE BOARD: Connie H. Douglas, Chair. HIGHWAY SUPERINTENDENT, Charles F. Williams. ATTEST: Connie Atkinson, AUDITOR

COUNTY SHOP: Williams stated he will be meeting with Williams & Associates on the proposed shop at 9:00 a.m. on January 24, 2001 at his office to discuss estimates and plans and invited anyone who was interested.

WHITEWOOD VALLEY ROAD: Moved-Seconded (Opitz-Seward) to approve and authorize the Chair to sign the County Federal Aid Surface Transportation Program Resolution #2001-06. Motion Carried. COUNTY FEDERAL AID SURFACE TRANSPORTATION PROGRAM RESOLUTION #2001-06: WHEREAS, the Lawrence County Board of Commissioners desire the construction and improvement of the road as hereinafter described: LOCATION AND LENGTH: from the JCT. of US 34 to 4.3 miles north (Whitewood Valley road). AND WHEREAS, Lawrence County is obligated and hereby agrees to satisfactorily maintain the project after constriction is completed; and to regulate or cause to be regulated the installation of utility facilities within the limits of the right-of-way of the proposed project in accordance with State and Federal requirements. AND WHEREAS, Lawrence County is obligated and hereby agrees to reimburse the state for all costs not reimbursable with Surface Transportation Program (STP) Funds and associated State matching funds. NOW THEREFORE BE IT RESOLVED: That the South Dakota Department of Transportation be and hereby is authorized and requested to program for construction, in accordance with the approved Secondary & Off-System Road Plan Agreement and the State's Standard Specifications for Roads and Bridges the project hereinafter described. MAJOR COLLECTOR ROUTE NUMBER: 6503. Type of Construction: Recycling in place surfacing, base course and asphalt concrete resurfacing. Consultant Services with Federal Aid. Services desired by State Forces: SURVEY, BITUMINOUS, MATERIALS, DESIGN, TRAFFIC AND CONSTRUCTION. Services without Federal Aid: UTILITY AND RIGHT-OF-WAY. Not Applicable: HYDROLICS AND FOUNDATIONS. It is estimated that Lawrence County will have $515,000 STP and State matching funds available in year 2003. Vote of Commissioners: YES-5; NO-0. Dated at Deadwood, South Dakota, this 23rd day of January 2001. Connie H. Douglas, CHAIR; ATTEST: Connie Atkinson, AUDITOR. Consulting engineer will be NJS Engineering.

NEMO ROAD: NJS Engineering will build plans and specifications on design of an overlay of 4.2 miles of the Nemo Road from Benchmark to Wonderland Cave. NJS will also do the construction engineering. Williams stated this was a budgeted project.

ABATEMENTS: STATE OF SOUTH DAKOTA: Moved-Seconded (Weisenberg-Opitz) to approve the abatement for the State of South Dakota on parcel# 26300-00758-000-72, 26300-00758-000-54 and 14000-00404-180-40. These were highway right-of-ways obtained by the State.

UNITED STATES OF AMERICA: Moved-Seconded (Seward-Weisenberg) to approve the abatement for the United States of America on parcel #’s 26680-01742-000-95 and 26620- 01552-000-00 because the property was deeded to a government entity. Motion Carried.

DUANE BAKER: Moved-Seconded (Opitz-Seward) to approve the abatement for Duane Baker on key no. 04250 because an error was made on the Mobile Home Taxable Value. Motion Carried.

RESOLUTION # 2001-04 / NATIONAL UNDERGROUND SCIENCE LABORATORY: Moved-Seconded (Seward-Weisenberg) to approve the following Resolution #2001-04. Motion Carried. RESOLUTION # 2001-04: A RESOLUTION SUPPORTING THE CONVERSION OF THE UNDERGROUND MINE AND PORTIONS OF THE SURFACE MINING FACILITIES AT HOMESTAKE MINE IN LEAD, SOUTH DAKOTA, TO A NATIONAL UNDERGROUND SCIENCE LABORATORY OPERATED BY THE SOUTH DAKOTA SCHOOL OF MINES AND TECHNOLOGY FOR THE NATIONAL SCIENCE FOUNDATION. WHEREAS, the Homestake Mining Corporation has announced the closure of the Homestake Gold Mine in Lead, South Dakota; the loss of which will bring a significant loss of employment and income to Lawrence County and the State of South Dakota, and WHEREAS, the National Science Foundation has expressed a desire to establish a national laboratory in a deep underground facility; and WHEREAS, the South Dakota School of Mines and Technology would operate the National Laboratory on behalf of the National Science Foundation; NOW THEREFORE BE IT RESOLVED, by the County of Lawrence, State of South Dakota, that the County Commission supports the establishment of the Homestake National Underground Laboratory. Dated this 23rd day of January 2001. FOR THE BOARD: Connie H. Douglas, CHAIR. ATTEST: Connie Atkinson, AUDITOR

AGREEMENTS: HENGEL & ASSOCIATES / WESTERN COMMUNICATIONS: Moved-Seconded (Opitz- Mattson) to allow the Chair to sign the agreement with Hengel & Associates and the Contractor Western Communications Inc. for the Lawrence County Antenna Tower. Motion Carried.

JOHN HEY & COMPANY / WOLFF’S PLUMBING & HEATING: Moved-Seconded (Seward-Weisenberg) to allow the Chair to sign the agreement with John Hey & Company and the Contractor Wolff’s Plumbing and Heating for the Lawrence County Annex Basement HVAC Upgrade. Motion Carried.

SHERIFF BUSINESS: BAILIFF RETIREMENT: Joe Harmon, Chief Deputy, requested the Board consider Dale Larson, Bailiff as a Class B employee allowing retirement at 8% instead of 5%. The Board stated they wanted to discuss the request with the State’s Attorney and they wanted more time to consider the request.

SCANNERS: Joe Harmon, Chief Deputy, requested the permission to hire a couple of college computer students to scan files for 4-6 months. Harmon stated the dispatch center is small and cramped and would like to expand out into the file area of the office. Harmon stated if they could scan the files they could locate the hard copy files into another area. Harmon suggested possibly portioning an area in the garage. The Board asked Harmon if the hard copies could be destroyed. Harmon stated currently the judges still require the hard copies when they go to court. Weisenberg asked Harmon to get a letter from the judge stating this in writing and also come back to the Board with actual costs for the request.

WESTERN HILLS HUMANE SOCIETY CUP: Moved-Seconded (Seward-Mattson) to cancel the Conditional Use Permit for the Western Hills Humane Society in regards to a letter received from Kathy Huse-Wika stating they would not be utilizing the Conditional Use Permit. Motion Carried. The Western Hills Humane Society will be utilizing a three acre piece of property within the city limits for their building site.

CUP# 265 / DAVID & TERESA CIANI: A public hearing was held on a REQUEST FOR CONDITIONAL USE PERMIT #265 – David and Teresa Ciani – To allow for a “Specialty Resort”. LEGAL: Tract 2 of the NW¼SW¼ of Section 32, T6N, R4E, B.H.M. LOCATION: Approximately 3½ miles east of Hwy. 85 on the Crook City Road. ZONE: PF – Park Forest District. Moved-Seconded (Weisenberg-Opitz) to follow Planning and Zoning Recommendation and approve Conditional Use Permit #265 for David & Teresa Ciani with the following conditions. Motion Carried.

PROPOSED CONDITIONS: 1. The owners/operator shall comply with all applicable County, State, and Federal regulations regarding “Specialty Resort” operations. 2. The owners/operators shall comply with state law SDCL 34-18 as pertaining to a “Specialty Resort”. 3. The operator shall contact the Lawrence County Health Department for an inspection of the facility and a license before beginning the operation. 4. The operator shall be required to obtain a South Dakota Sales Tax License. 5. Any new construction and the moving of buildings shall require a building permit from the Lawrence County Office of Planning and Zoning and comply with 1994 Uniform Building Codes and 1997 Life Safety Codes. 6. A minimum of one meal shall be served to guests. 7. The existing septic tank shall be approved by the Lawrence County Health Department prior to starting the “Specialty Resort”. 8. The maximum number of overnight guest rooms shall be three (3) with a maximum occupancy of ten (10) people. 9. The number of guests at the specialty resort shall be twenty (20) unless given prior approval by the Planning Commission for a greater number of guests. 10. There shall be no outdoor camping, including tents, campers, trailers, and recreational vehicles, allowed on this property to be used by the specialty resort guests. 11. Water quality testing shall be conducted by the operator according to the South Dakota DENR Water Quality Division regulations and found to be safe for public consumption. 12. Any new septic system for the specialty resort shall require a septic permit from the Lawrence County Health Department and shall be coordinated, designed and approved by a state licensed professional engineer. 13. Any events or activities other than those pertaining directly to the Specialty Resort shall require the applicant or operator to contact the Office of Planning and Zoning for approval. The event or activity, in some instances, may require approval by the Planning and Zoning Commission. 14. If food and beverages are served at these events or activities, the applicant or operator shall contact the Lawrence County Department of Health for approval prior to the event. 15. Any outdoor fireplaces shall comply with the guidelines as set by the South Dakota Division of Forestry. 16. A minimum of one (1) fire extinguisher per floor and one (1) first aid kit shall be made accessible to the guests at any time. 17. Only one (1) on-premise sign shall be allowed on the property and conform to Section 4.2 of the Lawrence County Zoning Ordinance. 18. All lights used for exterior illumination shall be directed away from any nearby residences and public roads. 19. Any parking pertaining to the operation shall comply with Section 4.1 of the Lawrence County Zoning Ordinance. The parking areas shall be graveled and located within a designated area. 20. Any new access off of Crook City road shall be approved by the Lawrence County Highway Department. 21. One telephone shall be made available in case of emergencies. A list of emergency numbers and sheriff department number shall be placed next to the phone. 22. Any change of property ownership, with the proposed transfer of this subject Conditional Use Permit, shall be reported immediately to the Office of Planning and Zoning. The new owner(s) shall meet with the Lawrence County Commission to review and accept the conditions of this Conditional Use Permit. 23. This permit shall be reviewed on an annual basis, or an as needed basis should complaints arise to assure compliance with the attached conditions, at which time additional conditions may be attached. 24. If any term, condition or regulation stipulated in the Conditional Use Permit, the Lawrence County Zoning Ordinance or applicable state and federal regulations are not fully complied with in all respects, this permit shall be reviewed and be suspended or revoked. 25. A Uniform Building Code (UBC) Inspector shall review and contact the Lawrence County Office of Planning and Zoning in regard to fire access requirement through the upstairs windows. The owner shall be required to comply with this requirement.

JAMES & CAROL BOKE/BOKE RANCH INC. #204: A Public Hearing was held for a Request For Change Of Zoning #204 – James and Carol Boke / Boke Ranch Inc. – To allow subdividing of land for residential use. LEGAL: S½NW¼, N½SW¼, SE¼SW¼ and the SW¼SW¼ of Section 12; (±240 acres) Lot 1A and 1B, a subdivision of Lot 1 of the E½NW¼ and the W½NE¼ of Section 13; (Lot 1A = ±3.12 acres) (Lot 1B = ±75 acres), all located in T6N, R2E, B.H.M. Total acres = ±318.12: LOCATION: The east side of Lookout Mountain and north of the Holiday Inn. PRESENT ZONE: A-1 General Agriculture District. PROPOSED ZONE: RR - Rural Residential District. James & Carol Boke gave a Power Point Presentation showing location, aerial pictures of the area, study of sensitivity of ground water to contamination, soils, adjacent land use, distance from municipalities, access, and proposed development plan.

Cathy Pelligrino stated she lives on Lookout Mountain Road and was opposed to the development. Pelligrino stated she would be able to see all the proposed houses from her home and this would affect her property. Pelligrino stated she bought her land thinking she would have a clear view. Pelligrino stated ten people have already bought property in her area but they have all purchased 40 acres or more. Pelligrino stated this request for rezoning comes after people have followed the current zoning and bought their 40’s and feels the zoning should not change.

Weisenberg questioned the land south of the Section Line. Boke’s stated they would withdraw their request for rezoning on that property.

Opitz asked if this is a plan and if the road is actually where it will be. Boke stated the road is preliminary at this time and may change a few feet or so. Opitz asked if they had any plans of using the north end of the property as access. Boke stated they have no access out of the north at this time to the County Road.

The Board discussed the density in the area. The minimum lot size would be 2 acres but the average would be 5 acres. Seward stated the Board needs to decide if this area is appropriate for Rural Residential. The Board discussed open spaces and services.

Gail Schuster was in the audience and questioned septic and water systems for the area. Boke stated this would be part of the platting and the cost effectiveness. Boke stated annexation could also come into play. Boke stated if it stays in the County they will be looking at a road district if it is annexed they will be looking at City specifications. Williams stated the road will come out on the County primary, graveled road.

Douglas stated the County is involved with the change of zoning but the platting and building permits will go through the City because of the Joint Powers Agreement.

Moved-Seconded (Seward-Weisenberg) to follow Planning and Zoning recommendation and approve the Change of Zoning from A-1 General Agriculture to Rural Residential on the (6) six forty-acre tracts north of the section line. Legal: SW1/4 (160 acres) and the S1/2NW1/4 (80acres) Section 12, T6N, R3E. Motion Carried.

COZ NO. 204 AN ORDINANCE AMENDING LAWRENCE COUNTY ZONING ORDINANCE NUMBER ONE: Pursuant to a Petition of Boke Ranch Inc./ James W. or Carol H. Boke for a Change of Zoning of a tract of land located in Lawrence County, South Dakota and pursuant to notice thereof having been given by publication of such as required by law, and pursuant to notice having been given to adjacent landowners by certified mail as required by law, and pursuant to the favorable recommendation of the Lawrence County Planning Commission. BE IT ORDAINED: By Lawrence County, South Dakota, that the boundaries of A-1 General Agriculture District as established by the Lawrence County Zoning Ordinance One, be amended so as to remove the following described real property, to Wit: SW1/4 and S1/2NW1/4 of Section 12; (±240 acres) from the A-1 - General Agriculture District and include it in the RR - Rural Residential District. This amendment will become effective on the twentieth (20th) day following publication. Lawrence County Commission Chairperson. CONNIE H. DOUGLAS. BRUCE OUTKA, Lawrence County Deputy States Attorney. ATTEST: CONNIE ATKINSON, Lawrence County Auditor. First Reading: December 7, 2000. Second Reading: January 23, 2001. Adoption Date: January 23, 2001.

Douglas asked James and Carol Boke to submit the plat to the Lawrence County Planning & Zoning Office for review, comments and consider any suggestions from P&Z, before they submit it to the City for approval. The Boke’s stated they would comply with the request.

Moved-Seconded (Seward-Weisenberg) to follow Planning and Zoning recommendation and deny the Change of Zoning from A-1 General Agriculture to Rural Residential on Lot 1A and Lot 1B, a subdivision of Lot 1 of the E1/2NW1/4 and the W1/2NE1/4 of Section 13, T6N, R3E. Motion Carried.

JAMES & CAROL BOKE/BOKE RANCH INC.#205: A Public Hearing was held for a Request For Change Of Zoning #205 – James and Carol Boke / Boke Ranch Inc. – To allow subdividing of land for residential use. LEGAL: S½SW¼ and SW¼SE¼ of Section 4, NE¼NE¼, W½SE¼NE¼, NE¼SE¼NE¼, N½SE¼SE¼NE¼ of Section 8, W½NE¼ and NW¼ of Section 9, all located in T6N, R3E, B.H.M. Total acres = ±435 acres. LOCATION: Northeast of the airport at the north end of Rainbow Road. PRESENT ZONE: A-1 General Agriculture District. PROPOSED ZONE: RR - Rural Residential District. James & Carol Boke gave a Power Point Presentation showing location, aerial pictures of the area, study of sensitivity of ground water to contamination, soils, adjacent land use, distance from municipalities, access, flood plain, and proposed development plan.

Boke stated this area would be limited to 87 homes, they are currently looking at 30-40 homes, but may be as few as 20 when they get to the platting stage. Boke stated he would like to hold the numbers down but it will depend on the cost of the road. Boke stated he would like to have the lots ready for sale by the summer.

Opitz stated he could not support this proposed change unless he can be guaranteed that the homes be kept on the hillside and the open areas are left alone. Opitz stated this is some of the best Ag land in the County, and this creek provides water to others. The Board discussed the flood plain property in the proposed area. Birk stated people can still build in the flood plain if they have everything properly engineered. Opitz stated he would like to see the area surveyed and the open areas would have to be declared off limits.

Chuck Williams stated as homes are built you would have to go to low water crossings and possibly a bridge as more homes are built. Williams stated this is a County Primary Road. Opitz questioned the easement. Boke stated the easement goes with the property and allows them to use the abandoned county road. Boke stated this would only be used for Emergencies.

The Board discussed contamination of the water in the area. Boke stated that pollution is less with homes and septic systems than livestock. Opitz voiced concerns that once the zoning is changed they alter the density in the area forever. Douglas agreed they have to look towards future owners of the property also. Douglas stated the open area in the middle is not conducive for rural residential zoning. Boke stated 1 per 5 acres is not that high of a density and when the plats are prepared covenants can be considered.

Discussion followed on the impact of the Joint Powers Agreement (JPA) and the need for the City and County to work together to assure everyone that all interests are addressed. The board also heard concerns how the JPA affects citizens and developers within the County.

Moved-Seconded (Weisenberg-Seward) to follow Planning and Zoning recommendation and approve the Change of Zoning from A-1 General Agriculture to Rural Residential on the following described real property, to Wit: S1/2SW1/4 AND SW1/4SE1/4 of Section 4, NE1/4NE1/4, W1/2SE1/4NE1/4, NE1/4SE1/4NE1/4, N1/2SE1/4SE1/4NE1/4 of Section 8, W1/2NE1/4 and NW1/4 of Section 9, all located in T6N, R3E, B.H.M. Total acres - 435 acres. Motion Carried. Aye-Weisenberg, Seward and Douglas. Nay-Opitz-Mattson.

COZ NO. 205 AN ORDINANCE AMENDING LAWRENCE COUNTY ZONING ORDINANCE NUMBER ONE: Pursuant to a Petition of Boke Ranch Inc./ James W. or Carol H. Boke for a Change of Zoning of a tract of land located in Lawrence County, South Dakota and pursuant to notice thereof having been given by publication of such as required by law, and pursuant to notice having been given to adjacent landowners by certified mail as required by law, and pursuant to the favorable recommendation of the Lawrence County Planning Commission. BE IT ORDAINED: By Lawrence County, South Dakota, that the boundaries of A-1 General Agriculture District as established by the Lawrence County Zoning Ordinance One, be amended so as to remove the following described real property, to Wit: S1/2SW1/4 AND SW1/4SE1/4 of Section 4, NE1/4NE1/4, W1/2SE1/4NE1/4, NE1/4SE1/4NE1/4, N1/2SE1/4SE1/4NE1/4 of Section 8, W1/2NE1/4 and NW1/4 of Section 9, all located in T6N, R3E, B.H.M. Total acres - 435 acres. From the A-1 - General Agriculture District and include it in the RR - Rural Residential District. This amendment will become effective on the twentieth (20th) day following publication. Lawrence County Commission Chairperson. CONNIE H. DOUGLAS. BRUCE OUTKA, Lawrence County Deputy States Attorney. ATTEST: CONNIE ATKINSON, Lawrence County Auditor. First Reading: December 7, 2000. Second Reading: January 23, 2001. Adoption Date: January 23, 2001.

FOREST SERVICE ISSUES: Pam Brown, US Forest Service District Ranger was present to discuss forest issues with the Board. The 25% monies, Spearfish Canyon Land and Water Conservation Funds, purchase of land in Besant Park, salvage sales, weeds and office consolidation were discussed. Douglas asked that Opitz and Seward work with Pam Brown on the 25% monies and report to the Board.

REQUEST FOR EASEMENT / CHRIS HUGO: John Frederickson, Attorney for Chris Hugo, presented a request for an easement and access to isolated tract of land described as T5N, R4E, Section 17 SE1/4, SW1/4, SW ¼ SE1/4, Lawrence County measuring about 80 acres. Hugo’s letter stated he just received ownership of the above land as part of a land exchange between the US Forestry Service. The parcel of land is located on the south side of Highway 14A approximately opposite of Whitewood Hollow. The letter states the Department of Transportation has dedicated a single exit from the highway to serve as access to the land to join the existing roads. The particular road crosses a narrow tract of land measuring about 1.7 acres belonging to the Rypkema family. He has offered to purchase the tract at market price but the asking price is $17,000. Hugo’s letter concludes that his understanding is that South Dakota law further provides easements to isolated tracts of land with no other access being available. Frederickson asked the Board to visit the property and determine what the damages would be to the property owners and grant an easement to Hugo. Frederickson stated Hugo’s property does touch a public highway but there are natural barriers that prohibits the building of a road.

Williams asked if this is truly an isolated track and stated the Board needs to look at the whole property if they are going to follow statue and grant an easement. Williams stated highway 14A may not be the only access. This land does abut 14A and it is a passable highway. Williams stated he knows Hugo met with Gary Engel, Engineer at Dept of Transportation and they discussed a possible access site just east and across the road from Whitewood Hollow. Engel knows the terrain and still felt there could be access from that point. They eliminated the creek problem by putting in a boxed culvert. Williams also mentioned a forest service road to the east and a regular county road to the west. Williams stated to follow the statue you would need to look at the whole property and how these other roads come in to play.

Frederickson stated he agreed that you do need to look at the property to determine that it is an isolated property and if this is an isolated track what the damages would be to the property owners where an easement would be needed.

Craig Uhre representing the property in question stated the property is listed for sale, is being surveyed and is possibly more than 1.7 acres. Uhre stated this is a valuable piece of property that would be build able if the acreage is increased. However, if an easement is granted through the middle of the property it would be rendered invaluable.

Douglas asked Williams to work with Barrett and Outka to facilitate an onsite with the Board and landowners as soon as weather conditions are allowed. Douglas told Frederickson this will be referred to their attorney and they will start the process.

Williams asked Frederickson how the Forest Service accessed the property before it was deeded to Hugo. Frederickson stated there is another variable, there is a Forest Service road farther down but he thinks that road went to the Northeast away from the 80 acres and there was no access. If you go back up the hill there is an existing road that they probably used at that point because it is very clear that the road that left the highway goes and accesses this 80 acres.

COUNTY INSURANCE: Moved-Seconded (Opitz-Mattson) to follow the recommendation of the Insurance Committee and go with Hagen Benefits for the County’s Blanket Building and Personal Property Insurance at the premium of $26,117. This policy comes with a three-year guarantee. Motion Carried.

FEDERAL LANDS ISSUE: Craig Shaver, Meade County Commissioner was present to ask the Board to consider a resolution to regain control over federal lands. Shaver expressed the ability to use Emergency Management Powers to gain control over Federal Lands. Shaver talked of “Granted Roadways” and suggested Lawrence County research old records and see what they have. Shaver stated Meade County is currently in the process of researching records prior to 1905. Shaver provided the Board a copy of “Basic Truths about RS 2477 Rights-of Way. RS 2477 Rights-of-Way states “The Right-of-way for the construction of highways across public lands not reserved for public purposes is hereby granted”. Shaver also touched on the endangered species act and how it can be used to take away a lot of local control.

Moved-Seconded (Opitz-Seward) to authorize the Chair to send a letter to the South Dakota Legislative Research Council stating the Lawrence County Commission supports the Meade County Commissions’ request for your research into the enactment of state legislation which would grant emergency management powers to state and local government to address all conditions arising from mismanagement of federal lands. We understand that current South Dakota emergency statutes may not provide sufficient authority to state and local governments to declare emergencies and to invoke emergency powers to manage federal lands. Motion Carried.

EXECUTIVE SESSION: 3:30 am - Moved-Seconded (Weisenberg-Seward) to go into executive session to discuss personnel matters. Motion Carried. Opened-3:45.

BILLS: Moved-Seconded (Opitz-Seward) to approve payment of the following payroll and authorize the Chairman to sign the following vouchers drawn on the proper funds. Motion Carried. Payroll: Comm-$3,029.44; Aud-$4,404.33; Treas-$6,702.22; Comp-$4,245.02; States Atty- $8,198.43; Pub Def-$5,598.10; Gen.Govt.Bldg-$4,753.88; Equal-$8,562.08; Deeds-$5,248.64; Vso-$666.55; Dispatch-$9,636.12; Sheriff-$22,836.50; Jail-$15,836.68; Emergency Management-$1,426.21; E911-$1099.12, Highway Fund-$28,721.71; Airport-$896.28; Bd Of Hlth-$1,102.34; Extension-$1,043.68; Soil-$551.48; Weed-$1,166.67; Planning & Zoning- $2,283.37; All Of These Bills Were Drawn From The General Fund Unless Otherwise Noted: Mowell,Richard: Jail Bd Pris-$9,148.50, American Family Life Inc: Various Life- $790.80; Highway Fund-$367.24; Emergency Management Fund-$52.70; At&T: Highway Fund-$19.94; B H Collection Service Inc: Jail Salary-$44.25; B H Federal Credit Union: Various Pay Ded-$11,063.00; Highway Fund-$2,428.58; B H Power & Light, Rapid: Highway Fund- $102.68; Blue Cross: Various Hlth & Life-$21,883.34; Highway Fund-$9,127.45; Emergency Management Fund-$11.13; Butte Electric Coop., Inc: Weed-$81.23; Highway Fund- $315.71; Conoco: Sher Trvl- $235.20; Deadwood Recreation Center: Various Pay Ded-$138.00; Dept.Of The Treasury: Various Oasi-$24,645.10; Highway Fund-$6214.00; Emergency Management Fund-$326.66; E911 Fund-$136.30; Various Fit-$20,990.60; Highway Fund-$5,678.74 ; Emergency Management Fund-$303.82; E911 Fund-$140.12; Various Medi-$5,763.81; Highway Fund-$1,453.26; Emergency Management Fund-$76.40; E911 Fund-$31.88; Montana- Dakota Util. Dwd.: Gen.Govt.Bldg Util-$7,946.11; Highway Fund-$1,617.65; N H Family Ymca: Various Pay Ded-$350.00; Highway Fund-$52.00; Office Of Child Support: Highway Fund Salary-$569.00; Queen City Medical Center: Jail Salary-$50.00; Qwest: Highway Fund- $52.33; S D Municipal League: Ins&Bonds-$51,278.00; S D Retirement System: Various Ret- $21,930.87; Highway Fund-$5,379.48; Emergency Management Fund-$259.04; S D State Treasurer: Nurse-$4,435.00; Mh Serv-$961.02; S D Supplemental Retirement: Various Supp Ret-$1,379.00; Highway Fund-$342.00; Emergency Management Fund-$50.00; State Disbursement Unit: Jail Salary-$120.00; Texaco, Inc: Sher Trvl-$175.64; Verizon Wireless Inc: Various Util-$741.53; Worldcomm Mci Inc: Highway Fund-$32.89; Curtis, T: States Atty Witness-$292.00; Atkinson, Connie L.: Aud Trvl-$78.48; Baloun, Thomas W.: Pub Def Trvl- $8.12: Brennan,S: Crts Witness-$21.74; Goetsch, Martin R: Sher Equip-$63.90; Heck, David S.: Weed Supp-$3.16; Kuettle, Danny R.: Bd Of Hlth Trvl-$142.97; Mattson,Barbara: Planning & Zoning Per Diem-$139.50; Miller, Dianne K. : Soil Trvl-$225.80; Muchow, Howard A: Emergency Management Trvl-$73.37; Nelson,K: Crts Juror-$11.74; Outka, Bruce L.: States Atty Supp-$7.04: Williams,R: Crts Witness-$21.74; A&B Welding Supply Inc: Highway Fund- $18.00; Abc Business Supply Corp: Various Supp-$423.85; Active Data Systems, Inc: Comp Rep-$46.14; Alco Store #262 Inc: Nurses Expen-$45.98; Altaire Enterprises Inc: Various- $30.00; Highway Fund-$20.00: Amcon Distributing: Jail Comm-$338.37; Amoco Oil Co: Sher Trvl-$228.29; Arleth & Associates Corp: Deeds Supp-$225.00; Avaya, Inc.: Highway Fund- $16.29; B H Chemical Company Inc: Various Supp-$1,312.30; B H Elevator Systems Inc: Gen.Govt.Bldg Contracts-$402.04; B H Medical Center: Various Med-$818.80; B H Medical Ctr Pharmacy Inc: Various Meds-$1,597.38; B H Pioneer Inc: Various Adv-$967.94; B H Power & Light, Rapid: Various-$5,574.49; Highway Fund-$184.61; B H Regional Multiple Inc: Comm/Dues-$100.00; B H Resource Conservation Inc: Soil Dues-$100.00; B H Special Services Coop: Cops Grant-$528.49; B H Travel Agency: States Atty Wit-$2,870.75; B H Truck And Trailer Inc.: Highway Fund-$376.12; B H Windshield Repair: Ins/Sheriff-$45.00; Bailey's Test Strips & Therm: Bd Of Hlth Supp-$61.50; Baker, Ginger: Jail Blood-$280.00; Baker, Paul: Weed Trvl-$309.60; Behavior Mngt Systems Inc: First Quarter Allocation-$5,163.75; Belle Propane Inc: Airport-$361.40; Binder, Tracy: Various Crt Reporter-$278.40; Blackinton, J G Phd: Crts Therapy-$35.00; Blazer, Harry & Sandy: Sher Equip-$790.46; Bouchie,Debbie : States Atty\Pser-$233.11; Boyer,Jerry: Weed Trvl-$240.00; Buckstop Express Mart Inc: Sher Equip & Trvl-$1,384.68; Business Aviation Inc: Airport Inspec-$687.50; Campbell Supply Co: Highway Fund-$74.48; Cardinal Printing: Planning & Zoning Supp-$32.50; Central Parts: Highway Fund- $1,284.75; Chaput, K. Michael: Coroner Inquests,Trvl&Report-$1,196.56; Chavis,Robert: Mh Serv-$90.00; Chemical Sanitizing Sys Ltd Inc: Jail Supp-$86.46; Chemsearch Inc: Highway Fund-$425.77; Gen.Govt.Bldg Supp-$333.85; Chinatown Café: Crts Jurors Meals-$58.13; Chris Supply Co. Inc.: Sher Comp-$396.46; City/County Alcohol &Drug: Jail Blood-$700.00; Claims Associates Inc: Ins/Deductible-$3,000.00; Clarke, Neil: Airport Per Diem-$100.00; Clinical Lab Of B.H. Inc.: Coroner Prof Serv-$1,047.05; Coburn Insurance Agency: Ins/Empl Dishonesty Bond-$899.00; Coburn, Bill: Planning & Zoning Per Diem-$205.68; Connelly, Randal E.: Caa- $14,345.65; Corral West: Jail Supp-$74.85; Sher Equip-$49.90; Culligan Soft Water Serv Inc: Gen.Govt.Bldg Contracts-$195.50; Highway Fund-$15.50; Cvd Construction Inc: Airport Cap Imp-$25,066.00; Airport Misc & Snow Rem-$160.00; Dakota Graphics : Crts Casa-$275.00 ; Dale's Tire & Retread Inc: Highway Fund -$582.02; Dartek Computer Supplies Corp: Various Supp-$609.74; Highway Fund-$147.81; Deadwood 1 Hour Photo: Pub Def /Supp-$59.75; Deadwood Gulch Resort Inc: Emergency Management/Sr-$54.00; Deadwood Supply Inc: Gen.Govt.Bldg Supp-$11.33; Emergency Management/Sr Fund-$10.74; Highway Fund-$182.18; Deadwood, City Of: Highway Fund-$50.75; Gen.Govt.Bldg-$440.40; Deckers Food Inc: Jail Supp-$31.54; Dell Marketing Lp: Comm-$943.00; Derosier, Leo: Planning & Zoning Per Diem- $205.68; Dietrich, Donna K.: Mh Serv-$55.69; Eddie's Truck Sales/Serv Inc.: Highway Fund Supp-$67.08; Election Sys & Software Inc: Elections-$1,407.76; England, Leslie J.: Comm- $630.98; Equipment Service Prof. Inc.:Jail Supp-$666.67; Federal Express Corp.: Sher Supp- $56.16; First Gold Hotel And Gaming: States Atty\Pser-$140.00; Frederickson, John R Inc: Caa- $691.35; Fuller, Tellinghuisen, Gordon: Caa&Mh Sev-$2555.00; Gall's Inc.: Sher Equip- $774.95; Gene's Lock Shop Inc: Various Supp-$98.50; Godfrey's Brake Serv Inc: Highway Fund-$970.51; Goetz,Hirsch & Klimisch: Caa-$103.70; Gold Dust Inc: Crts Juror Meals-$60.05: Golden West Teltech Inc: Sher Ut-$37.50; Goody, Mary: Pub Def Prof Serv-$1,545.00; Great Western Tire Inc: Sher Trvl-$279.11; Highway Fund-$82.95; Hall Welding Inc: Highway Fund- $19.51; Various-$257.20; Heartland Paper Co Inc: Gen.Govt.Bldg Supp-$1,884.00: Hefner, Dan: Weed Trvl-$298.60; Hoem, Jean M. M.S.: Crts Thearpy- $675.00; Hoseth Auto Inc., Spf: Sher Trvl-$16.91; Highway Fund Supp-$96.67; Hrs Food Service: Jail Supp-$725.96; Iaao Inc: Equal Trvl-$130.00: Ibm Corp Sqh: Comp Rep-$903.04; Ikon Office Solutions Inc : Various Supp- $633.53; Jacobs Precision Welding: Highway Fund Supp-$13.20; Gen.Govt.Bldg Repairs-$9.63; Jennings, Jim: Weed Trvl-$278.28; Jenter, George W: Jail Med-$36.40; Johnson Ford Inc: Highway Fund Supp-$146.01; Sher Trvl-$25.33; K Mart 3893: Various Supp-$193.71; Kadrmas, Lee And Jackson Inc: Windstorm-$21.28; E911 Fund-$1,560.00; Kar Products Inc: Highway Fund Supp-$341.26; Kendall, Ramsey: Planning & Zoning Per Diem-$167.40; Kimball- Midwest Co. Inc: Highway Fund Supp-$296.82; Kinney,Matthew: Caa-$512.86; Knecht True Value Inc: Various Supp-$365.47; Kullbom, Terrence: Planning & Zoning Per Diem-$167.40; L C Assessor: Equal Supp-$5.50; L C Centennial Inc: Various Adv-$1,171.28; L C Conservation Dist: Soil Trvl&Pub-$350.48; L C Plan & Zone-Petty Cash: Planning & Zoning Petty Cash- $43.46; L C Public Health: Nurses Allotment-$2,208.00; Lantern Estates: Ca Rent-$300.00; Lawson Products Inc: Highway Fund Supp-$164.45; Lead, City Of: Equal Mapping-$3,295.00; Lee, James: Gen.Govt.Bldg Contracts-$15.00; Lead-Deadwood Sanitary: Gen.Govt.Bldg Util- $182.54; Lewis & Clark Bhs: Mh Serv-$220.00; Lexis Law Publishing Inc: Various-$421.72; M&M Sweeping & Sanitation Inc: Highway Fund Supp-$250.00; Meade County Sheriff: States Atty\Pser-$7.50; Medicap: Ca Meds-$608.69; Nickelson,Craig: Planning & Zoning Per Diem- $137.12; Mid States Organized: Sher Supp-$100.00; Montana-Dakota Util. Dwd.: Highway Fund Util-$7.50; Motorola Inc: E911 Fund Contract-$12,856.20; Muller, David: Coroner Trvl&Report-$382.51; Murphy, John R Atty At Law: Caa-$3,047.90; N H Family Ymca: Comm Corp Fee-$200.00; N H General Hospital: Jail Med-$2,863.80; N H Plaza: Soil Rent-$305.00; N J S Engineering Inc: Windstorm-$3,098.74; National Academy Of Emd: Disp Supp-$180.00; Neve's Uniforms Inc: Jail Supp&Equip-$644.65; Nicholas, Carol: Jail Blood-$35.00; Nicholas, Charles: Weed Trvl-$344.40; Niesent, Laura: Jail Blood-$210.00; Northern Exposure: Sher Camera-$454.04; Office Technology/Supply: Various Supp-$1,131.60; Opstedahl, Deeanna: Jail Blood-$35.00; Orth, Mary: Jail Blood-$35.00; Owens, Greg: Planning & Zoning Per Diem- $171.40; Pennington Co Auditor: Mh Serv-$44.00; Pennington Co. Jail: Sher Trvl-$713.40; Pitney Bowes, Inc.: Postage Sher Scale-$285.00; Poage, Dottie : States Atty\Wit-$750.00 ; Porta Storage Inc.: Windstrom-$115.00; Pronto Auto Supply: Highway Fund Supp-$10.43; Queen City Rocket Lube: Sher Trvl-$17.95; Qwest: Various Util-$2,920.67; Highway Fund-$239.76; Emergency Management Fund-$192.96; E911 Fund-$534.78; R C Finance Office: Emergency Management Fund-$1,500.00; R C Regional Hospital Inc: Various Serv-$1,131.96; Radio Shack: Various Supp-$1,770.88; Radiology Associates: Various Serv-$3,851.06; Rand's Photo: Various Serv-$393.87; Rapid Delivery Inc: Highway Fund Supp-$53.25; Rasmuson, Dean A: Comm Mileage-$137.46; Richards,Reed: Caa-$538.72; Rockwood Corp The: Sher Equip-$131.80; Reindl, Staci: Caa-$855.69; S D Assn Of Co Comm: Various Supp Dues-$1,539.30; S D Acde: Soil Dues-$20.00; S D Acd: Soil Dues-$775.00; S D Association Of County: Highway Fund Trvl-$165.00; S D Sheriff's Association: Sher Supp-$350.00; Salzsieder,Milan: Exten Rent- $3,435.00: Sanitation Products Inc: Highway Fund Supp-$95.20; Sanito Oil, Inc.: Sher Trvl- $986.54; Highway Fund-$14,517.68; Schultz, Tom: Jail Blood-$35.00; Secretary Of State: Disp Supp-$10.00; Servall Towel & Linen,Inc: Highway Fund Supp-$65.20; Gen.Govt.Bldg Contracts-$165.15; Shepard's/Mcgraw-Hill Inc: Law Lib-$4,363.58; Slowey, Yavonne: Mh Serv-$60.00; Spearfish City Of: States Atty\Pser-$25.00; Spearfish Auto Supply Inc: Various Supp-$219.60; Highway Fund Supp-$930.79; Spearfish Economic Dev Corp: Imp&Econ Fund- $193,553.65; Spearfish Husky: Highway Fund Supp-$65.50; Spearfish Senior Citizens: Senior Citizens Allotment-$1,000.00; Specialized Auto Service Inc: Highway Fund Supp-$27.50; Systems Management Inc: Airport Inspec-$300.00; Telcomco Communications: E911 Fund- $23.90; Sher Supp-$59.75; The Wrench Specialties: Highway Fund Supp-$7.50; Tridle, John M: Law Lib-$100.00; Triple K Tire & Repair: Highway Fund Supp-$42.90; Twin City Animal Shelter: Sher Dog-$90.00; Twin City Hardware & Lumber: Highway Fund Supp-$163.15; Various Supp-$204.13; Vannorman, Barbara: Caa-$1,229.65; Vigoren,Vern: Weed Trvl- $374.00; Voelker & Adams: Caa-$3,413.52; Walmart Store Inc: Various Supp-$157.78; Warne Chemical Inc: Weed Supp-$698.92; Waste Connections, Inc.: Highway Fund Util-$117.00; Gen.Govt.Bldg Util-$197.00; West River International Inc: Highway Fund Supp-$103.13; Western Communication Inc: Highway Fund Supp-$484.54; Sher Radio-$66.75; Western Sd Juvenile Serv: Jdc-$6,783.95; Worldcomm Mci Inc: Sher Util-$348.11; Xerox Corporation: Various Supp-$242.00; Yankton Co. Sheriff: Mh Serv-$16.75; Porter, Mike: States Atty/Perser- $913.43; Jurors & Witness Fees: Boke,C-$24.50; Zaugg,T-$20.00; Alley,S-$12.32; Black,S- $11.16; Bohls,A-$18.70; Bradbury,S-$61.60; Bucher,L-$18.70; Burleson,W-$11.74; Calhoon,C- $17.54; Caron,K-$12.90; Couch,C-$27.40; Croft,M-$16.38; Denton,K-$21.02; Ellingson,S- $60.44; Essink,J-$22.18; Ewing,R-$58.70; Golz,D-$58.70; Goodrich,J-$11.74; Haeder,D- $18.70; Hayen,D-$18.12; Hermann,L-$56.96; Jennings,E-$20.44; Johnson,M-$21.60; Keats,R- $58.70; Koepp,P-$20.44; Konst,L-$51.16; Kowalke,B-$17.54; Langer,K-$58.70; Madsen,D- $20.44; Miller,C-$13.48; Morris,V-$18.12; Murphy,G-$18.70; Murray,D-$19.28; Nichols,C- $18.70; Niehaus,C-$59.86; Rozman,E-$58.12; Rummel,F-$11.74; Shultz,E-$18.70; Silvernagel,T-$18.70; Skvicalo,M-$15.22; Sulzbach,B-$16.96; Sumners,J- $18.70;Vandenberg,H-$11.74; Vansickel,M-$19.28; Ward,C-$27.40; Wattier,C-$16.96; Wolff,J- $21.60; Batt,T-$21.60; Bradley,K-$18.70; Brandon,D-$22.18; Rotsky,J-$11.74; Burns,M- $54.06; Chipman,D-$12.32; Deters,G-$11.74; Garrett,R-$58.70; Geist,K-$58.70; Geist,R- $18.70; Harvey,R-$16.38; Ingersoll,N-$18.12; Kuhlman,B-$16.96; Larson,R-$18.70;Lester,K- $18.70;Mckenzie,P-$51.16; Miles,K-$18.70; Millard,W-$52.32; Mizera,D-$18.12; Morgan,M- $18.70; Munger,D-$18.70; Nicholas,G-$25.66; Olson,L-$18.70; Pederson,R-$17.54; Pederson,T-$58.70; Powers,B-$10.58; Prim,H-$61.60; Rawling,J-$54.64; Roozen,P-$61.60; Rossow,D-$18.70; Sandvick,S-$18.70; Schmidt,J-$18.70; Schopen,A-$54.64; Stanford,D- $10.58; Stark,V-$23.34; Stott,B-$10.58; Stratton,D-$12.90; Taft,K-$60.44; Thorman,S-$18.70; Williamson,A-$17.54; Bravek,C-$58.70; Bunney,M-$61.60; Carsten,N-$51.74; Custis,D-$59.86; Garvin,C-$58.70; Hosman,L-$58.70; Macdonald,M-$58.70; Massey,M-$58.70; Mitchell,G- $50.58; Moe,L-$58.70; Noland-Eaton,D-$60.44; Pabst,D-$64.50; Redinger,P-$61.60; Storbeck,T-$58.70; Whitaker,R-$61.60; Williamson,J-$57.54; Zandri,W-$51.74; Bowers,J- $21.60; Brechtel,R-$18.70; Hallen,W-$61.60; Terwee,R-$61.60; Crooks,K-$18.70; Deweese,R- $21.60; Johns,L-$11.74; Luscombe,M-$21.60;Mathis,B-$21.60; Poncedeleon,R-$50.58; Prostrollo,D-$24.50; Walton,V-$11.16; Wiege,R-$14.64; Hintz,A-$252.00; Mcveety,J-$18.70; Lemke,B-$20.44; Curren,A-$56.54; Fontenot,D-$21.74; Hamby,D-$28.70; Janis,S-$20.58; Kellogg,J-$27.54; Pierce,T-$28.70; Rystrom,J-$20.58; Rystrom,S-$20.58; Smith,L-$26.96; Sneesby,D-$20.58; Sneesby,M-$20.58; Sullivan,M-$30.15; Tomshack,K-$240.40; Bafia,J- $21.74; Williamson,J-$83.80

ADJOURN: 3:45 p.m. - There being no further business it was Moved-Seconded (Seward- Opitz) to adjourn. Motion Carried.

______DATE

______CONNIE H. DOUGLAS, Chairman ATTEST:

______CONNIE ATKINSON, Auditor LAWRENCE COUNTY COMMISSIONERS MEETING – FEBRUARY 13, 2001

Chairman Connie H. Douglas called the regular meeting of the Lawrence County Commissioners to order at 8:00 a.m. on February 13, 2001 in the Administrative Annex Building of the Lawrence County Courthouse located at 90 Sherman Street, Deadwood, SD with Commissioners James J. Seward, Terry Weisenberg and Barbara Mattson present. George Opitz absent

All motions were passed by unanimous vote unless stated otherwise.

MINUTES: Moved-Seconded (Weisenberg-Seward) to approve the minutes of January 23, 2001. Motion Carried. Opitz-absent

PERSONNEL: SHERIFF: Moved-Seconded (Seward-Douglas) to approve the advertising of a Part-Time Dispatcher. Motion Carried. Opitz-absent

Moved-Seconded (Seward-Weisenberg) to approve the advertising of two part-time Data Entry Clerks. Motion Carried. Opitz-absent

Moved-Seconded (Seward-Weisenberg) When the two Data Entry Clerks reach a salary of $15,000.00 the Sheriff’s Office will at that time be required to give an update of the progress. Motion Carried. Opitz-absent.

PLANNING & ZONING: The board discussed with Erik Birk recent personnel changes with the termination of the Environmental Health Department. The restaurant, campground and lodging inspections have been turned back to the State Department of Health. They discussed the process of septic tank procedure. Erik stated that when an individual inquired about a septic system that a letter of engineers would be presented to the person. The engineers would then be responsible for certifying the septic system and the proper paper work would need to be presented before a building permit was issued.

TRAVEL REQUEST: WEED: Moved-Seconded (Mattson-Seward) to approve the travel request for David Heck to testify on SB98 in Pierre SD on February 13, 2001. Motion Carried. Opitz-absent

WEED: Moved-Seconded (Mattson-Douglas) to approve the travel request for David Heck to attend the 2001 Weed and Pest Conference in Huron SD on February 22/23, 2001. Motion Carried. Opitz-absent

BOARD APPOINTMENTS: EXTENSION: Moved-Seconded (Weisenberg-Mattson) to appoint Joanne Goodrich to the Extension Board for a term to expire 1-2002. Motion Carried. Opitz absent.

AIRPORT: Moved-Seconded (Weisenberg-Douglas) to appoint Barb Mattson as the alternate Commissioner Appointee on the Airport Board. Motion Carried. Opitz absent.

25% FOREST ACREAGE FUNDS: Moved-Seconded (Weisenberg-Mattson) Lawrence County opts to receive payment on the 25% Forest Acreage Funds at the average of the three highest timber payments from 1986 thru 1999. Motion Carried. Opitz absent.

AUDITOR’S ACCOUNT WITH TREASURER REPORT: Moved-Seconded (Weisenberg- Mattson) To accept the following report as read by the Auditor. Motion Carried. Opitz-absent Auditor's Account with the County Treasurer: The Auditor's Account with the County Treasurer as of January 31, 2001 showed the following: Total amount of deposits in banks- $9,821,960.58; Total amount of actual cash-$1,000.00; Total amount of Checks and drafts in Treasurer's possession not exceeding three days check deposit in transit)-$33,094.17; Total amount of cash in transit in Treasurer's possession (cash deposit in transit)-$2,079.37; Petty Cash-$1,585.00; Total-$9,859,719.12. (NOTE: petty cash includes: Sheriff-$1,000; Reg.of Deeds-$275; Auditor-$100; Hwy & Planning & Zoning-$50; Equalization-$35.; Public Defender, Gen.Govt.Bldgs and Extension-$25). Total amount of deposits in bank include: CD's- $6,250,000.00; Bank Balance-$3,368,280.43; and GNAM's-$203,680.15.

EXTENSION SUPPLEMENT: Moved-Seconded (Seward-Douglas) to do an automatic supplement to the Extension postage budget for a grant received in the amount of $1,303.70. Motion Carried. Opitz-absent.

SUPPLEMENTAL BUDGET / AIRPORT: Moved-Seconded (Seward-Mattson) to set a supplemental budget hearing for February 27 th at 9:30 a.m for the Airport – Wind Storm Budget for -$326,205.69. Motion Carried. Opitz-absent

SEVERANCE TAX FUNDS / NORTHERN HILLS COMMUNITY DEVELOPMENT: The Board discussed a letter received from Randy Morris, Executive Director on the reason why the $125,500 match funds from Severance Tax Funds could not be repaid. Morris encouraged the Commission to leave the match funds in the fund because as the loans are repaid, new loans could be made which would not require match funds because match for the initial grant amount is only required once.

Moved-Seconded (Weisenberg-Mattson) Whereas requiring the repayment of the $125,500 Severance Tax Match Funds from the Lawrence County Revolving Loan Fund would jeopardize the continued operation of the Revolving Loan Fund and since this fund has helped create 341 jobs in Lawrence County, the County Board hereby will not require the repayment of $125,500 from the Lawrence County Revolving Loan Fund. Motion Carried. Opitz-absent

E911 UPDATE: Tom Sandvick updated the Board on the progress of rural addressing. Currently 2580 structures have been addressed, leaving 1656 to be assigned. Spearfish and Belle Fourche Zip codes will be started next week. The county atlas was completed on Feb 12 th .

HIGHWAY BUSINESS: Moved-Seconded (Seward-Mattson) to set the bid opening for the Highway Annual Supplies for March 27, 2001 at 9:00 am. Opitz-absent

Moved-Seconded (Seward-Douglas) to set the bid opening for a New 2001 Class 8 Tandem Truck Chasis for April 24, 2001 at 9:00 am. Motion Carried. Opitz-absent

Moved-Seconded (Seward-Weisenberg) to set the bid opening for a New Dump Body & Hoist for April 24, 2001 at 9:00 am. Motion Carried. Opitz-absent

SHERIFF BUSINESS Moved-Seconded (Mattson-Douglas) to set the bid opening for Two New 2001/2002 4x4 Utility Vehicle for February 27, 2001 at 9:45 am. Motion Carried. Opitz-absent

Moved-Seconded (Mattson-Douglas) to set the bid opening for a New 2001 Patrol Car (police package) for February 27, 2001 at 9:45 am. Motion Carried. Opitz-absent

HOUSING COMMISSION UPDATE: Sally Boyd and Lester Nies of the Lawrence County Housing & Redevelopment Commission were present to give an update of the Section 8 Rental Assistance program. The U.S. Department of Housing and Urban Development sent a letter to Sally Boyd stating that we were under- utilizing the Section 8 funds. Boyd gave a report on how the funds were being utilized in Lawrence County. Boyd stated that when the program first started they did not have to advertise that the people came to them. Now she is finding that they have to advertise to make people aware of the program. Boyd also stated that when she first took over the case load that she had 225 families and that in February of 2001 she had 232 families. We are still serving the same amount of families just not spending as much money.

HAZARDOUS MATERIALS RESPONSE TEAM CONTRACT: Don Schmoll of the Rapid City Fire Department was present to give an update on the Hazardous Material Response Team. Lawrence County pays a contract fee of $1500.00 a year. This money is used to help purchase equipment and provide training to the response team. There are 10 counties that are involved in this contract with the Rapid City Fire Department.

SHANE BLAKLEY / SETBACK VARIANCE: Moved-Seconded (Weisenberg-Seward) to approve request for variance #86 – Shane Blakney - To request a (9) nine foot variance into the (35) thirty-five foot front yard setback as required by Section 3.3.4.A.2 of the Lawrence County Zoning Ordinance, placing the proposed garage approximately (26) twenty-six feet back from the front lot line. LEGAL: Lot 1 of Lot 3 of the SE¼NE¼ and the NE¼SE¼ of Section 4, T6N, R2E, B.H.M. LOCATION: Southwest corner of Nickel Place and Evans Lane. PESENT ZONE: SRD-Suburban Residential District. Motion Carried. Opitz-absent

ABATEMENTS: STATE OF SOUTH DAKOTA: Moved-Seconded (Weisenberg-Seward) to approve the abatement for the State of South Dakota on parcel #26300-00758-000-56. This was for highway right-of-way obtained by the State. Motion Carried. Opitz-absent

PALMER & BARBARA DAHL: Moved-Seconded (Seward-Mattson) to approve the abatement for Palmer & Barbara Dahl on Mobile Home Key #04355. The wrong factor was applied to the mobile home. Motion Carried. Opitz-absent

GEORGE & DORIS ADAMSON: Moved-Seconded (Weisenberg-Seward) to approve the abatement for George & Doris Adamson on Mobile Home Key #00010. The wrong factor was applied to the mobile home. Motion Carried. Opitz-absent.

CITY OF LEAD: Moved-Seconded (Weisenberg-Douglas) to approve the abatement for the City of Lead on Parcel #31870-00600-040-40. The land was deeded to the City of Lead.

CITY OF LEAD: Moved-Seconded (Weisenberg-Seward) to approve the abatement for the City of Lead on Parcel #31870-00600-040-50. The land was deeded to the City of Lead.

CITY OF LEAD: Moved-Seconded (Weisenberg-Seward) to approve the abatement for the City of Lead on Parcel #31840-00400-130-00. The land was deeded to the City of Lead.

VOLUNTEER FIRE DEPARTMENT MEMBERS: (Moved-Seconded) to approve the following list of Volunteer Fire Fighters for insurance purposes. Motion Carried Opitz-absent: Jack Morcom, Gene Chaput, Robert Harvey, Melvin Williams, William Hill, Rod Galland, Tom McGrath, Kenneth Scott, Bill Adam, Jim McGinnis, Clark Redinger, Wade Hart, Robert Geis, Dr. Steve Fox, Dan Schenk, Charles Edwards, George Meisner, Jeremy Myers, Charles V. Nicholas, Charles W. Nicholas, Sallie J. Nicholas, Bob Patterson, Dee Richards, Keith Richards, J. Daniel Schenk, Bob Smith, Doug Symonds, Tanya Timm, Wade Weaver, Gordon Dovre, Brenda Cheirrett, Michael Kyte Jr., Joanne Nicholas, Verla J. Nicholas, William Sayler, Tony Balistreri, Scott Cummings, Ken Fish, Ron Hoefer, Don Kelley, Casey Keough, Mark Nelson, Vince Pfeifle, Brian Rech, Larry Rhodes, Bob Richards, Ron Rust, Clint Schell, Terry Schmitz, Fred Schumann, Chad Solaas, Gary Solaas, Mike Whelan, Dennis Anderson, Mike Anderson, Scott Anderson, Ron Blotz, Clay Cole, Loren Dobyns, Marshall Eddy, Matt Fortier, Gary Heaton, Robert Mattox, Bryce Quaschnick, Don Quaschnick, Tim Quaschnick, Rhea Travino, Ed Suvada, Loren Vrem, Dave Hall, T.J. Larson, Joel, Bingen, Kim Bingen, Anna Burleson, Laura Burleson, Norman Burleson, Shari Burleson, Wayne L. Burleson, Joanne Burtch, Darwin Buss, Daniel Carsten, Gina Deleo, James Dirksen, Robin Dirksen, Sandra Drake, Ted Drake, Richard Ellison, Betty Harn, Daniel Harn, Loretta Harn, Roy Harn, Lex McPherson, Jamie McPherson, A. James McPherson, Mark F. Neubauer, Dean Robertson, Phyllis Scheifer, Sid Scheifer, Robert Whitney, Arlendo, Lillehaug, Lotus Lillehaug, Gary Lillehaug, Janet Lillehaug, Jim Sheverling, Jchit Sheverling, Dale Richards, Jim Klansnick, Dale Gillette, Ivon Polyakuv, Jack Wanstedt, Barbara Wanstedt, Bill Heying, John Finn, Phillys Marlin, Chuck, Bossert, Sunday Bossert, Leonard Burtzlaff, Tom Callaway, Leo Derosier, Todd Fierro, J.D. Geigle, Steve Hart, Tom Hughes, Philip Huyck, Mike Ingwersen, Cliff Jensen, Ray Kinghorn, Neilon Millar, Russel Millar, Terry Moe, Warren Moe, Brent Olson, Curt Olson, Ryan Olson, Don Osborne, Penny Osborne, Denny Rehorst, Devin Stephens, Glenn Stephens, Jim Tetrault, Tim Tetrault, Frank Ensor, Alan Williamson.

BILLS: Moved-Seconded (Mattson-Seward) to approve payment of the following payroll and authorize the Chairman to sign the following vouchers drawn on the proper funds. Motion Carried. Payroll: Comm-$3,029.44; Aud-$4,657.54; Treas-$7,221.03; Comp-$4.451.10; States Atty- $7,861.06; Pub Def-$5,794.26; Gen.Govt.Bldg-$5,170.19; Equal-$9,065.72; Deeds-$5,593.36; Vso-$666.55; Dispatch-$8,456.19; Sher-$24,986.38; Jail-$14,883.82; Emergency Management Fund-

$1,502.21; E-911 Fund-$1,199.04; Highway Fund-$29,300.84; Airport-$860.40; Bd Of Hlth- $1,603.50; Extension-$1,138.56; Soil-$551.48; Weed-$1,166.67; Planning&Zoning-$2,361.53; All Of These Bills Were Drawn From The General Fund Unless Otherwise Noted: Domestic Crisis Outreach: Domestic Abuse-$312.50; S D Assn Of Co Comm: Various Trvl-$140.00; S D Public Assur Alliance: Ins & Bonds-$26,117.00; Victims Of Violence: Domestic Abuse- $312.50; American Family Life Inc: Various Life-$722.22; Highway Fund-$367.24; Emergency Management Fund-$52.70; B H Federal Credit Union: Various Pay Ded-$5,869.00; Highway Fund-$1,214.29; Blue Cross: Various Hlth/Life-$22,255.55; Highway Fund-$9,044.06; Emergency Management Fund-$11.13; Deadwood Recreation Center: Various Pay Ded-$100.00; Dept.Of The Treasury: Various Fit-$11,175.95; Highway Fund-$3,086.23; E-911 Fund-$154.36; Emergency Management Fund-$174.52; Various Medi-$3,025.49; Highway Fund-$786.58; E- 911 Fund-$34.78; Emergency Management Fund-$42.80; Various Oasi-$12,936.52; Highway Fund-$3,363.28; E-911 Fund-$148.68; Emergency Management Fund-$183.00; Holiday Inn Express: Pub Def Pro Serv-$59.00; N H Family Ymca: Various Pay Ded-$350.00; Highway Fund-$52.00; Office Of Child Support: Highway Fund Salary-$284.50; Queen City Medical Center: Jail Salary-$50.00; S D Retirement System: Various Ret-$23,035.27; Highwau Fund- $5931.64; E-911 Fund-$229.82; Emergency Management Fund-$292.84; S D State Treasurer: Mh Serv-$969.00; Ins&Bonds Ccpr Annual Assessme: Ins&Bonds-$8,560.00; S D Supplemental Retirement: Various Supp Ret-$704.50; Highway Fund-$171.00; Emergency Management Fund- $25.00; State Disbursement Unit/169763: Jail Salary-$60.00; Baloun, Thomas W.: Pub Def/Supp & Trvl-$127.46; Fystro, Terry R.: Highway Fund Supp-$9.00; Hudson, Roger: Crts Juror- $13.48; Kosel, Joseph M. : Pub Def/Trvl-$33.06; Kuettle, Danny R.: Bd Of Hlth Trvl-$62.35; Locken, William J.: Vso Travel-$68.04; Mccormick, Robert L.: Highway Fund Supp-$54.76; Mowell, Richard E.: Jail Bd Pris-$9,162.00; Tridle, Debora D.: Various Trvl-$116.00; A&B Welding Supply Inc: Gen.Govt.Bldg Supp-$16.49; Highway Fund Supp-$26.13; A&J Supply: Highway Fund Supp-$108.94; Abc Business Supply Corp: Various Supp-$1,287.78; Highway Fund-$191.08; Alco Store #262 Inc: Pub Def Supp-$4.98; Altaire Enterprises Inc: Soil Util- $10.00; Amcon Distributing: Jail Comm-$216.54; At&T: Weed Util-$40.27; Highway Fund- $20.28; B H Chemical Company Inc: Gen.Govt.Bldg Supp-$1,075.95; Highway Fund Supp- $166.70; B H Council Of Local Govt: Comm Dues-$6,877.50; B H Elevator Systems Inc: Gen.Govt.Bldg Contracts-$402.04; B H Medical Ctr Pharmacy Inc: Vaious Medication- $1,954.53; B H Pediatrics & Neonatology: Sher Cr-$351.80; B H Pioneer Inc: Various Adv- $618.07; B H Power & Light Deadwood: Various Util-$989.04; Highway Fund-$1,305.76; Fire Adv Util-$9.20; Emergency Management Fund-$9.20; B H Travel Agency: States Atty-$601.15; Behavior Mngt Systems Inc: Eval-$105.00; Best Business Prod. Inc.: Highway Fund Util- $30.90; Bickle's Truck & Diesel: Highway Fund Supp-$.69; Binder, Tracy: Various Crt Reporter-$1,902.90; Black Hills Oral Surgery: Ca Dental-$354.66; Bob Barker Company, Inc.: Jail Supp-$1,120.74; Buckstop Express Mart Inc: Sher Trvl-$289.89; Butte Electric Coop., Inc: Various Util-$160.33; Highway Fund Util-$340.25; Campbell Supply Co: Highway Fund Supp- $41.99; Cardinal Printing: Sher Supp-$40.00; Carlson, Donald C.: Mh Serv-$33.00; Central Parts: Gen.Govt.Bldg Supp-$10.04; Highway Fund Supp-$327.08; Chemsearch Inc: Gen.Govt.Bldg Supp-$517.71; Chief Supply Inc: Sher Equip-$137.00; Child Psychology Services: States Atty\Wit-$489.96; Chris Supply Co. Inc.: E911-$240.00; City/County Alcohol &Drug: Jail Blood-$380.00; Clinical Lab Of B.H. Inc.: Various-$1,329.00; Highway Fund- $150.23; Coburn Insurance Agency: Disp Supp-$2,690.00; Coley, Mike Ccdcii: Jail Blood- $60.00; Connelly, Randal E.: Crts Judges-$2,500.00; Conoco: Sher Trvl-$116.54: Crosswait, Robert G Dds: Ca Dental-$54.00; Culligan Soft Water Serv Inc: Various Supp-112.20; Highway Fund Supp-$10.50; Cvd Construction Inc: Windstorm: $136,500.00; Dakota Graphics: Sher Equip-$360.00; Dakota Laser Tech: Extension Supp-$211.25; Dale's Tire & Retread Inc: Highway Fund Supp-$1,656.00; Dartek Computer Supplies Corp: Comp Equip & Supp-$584.52; Deadwood Gulch Resort Inc: Emergency Management/Sr Fund-$18.02; Deadwood Lumber Company Llc: Gen.Govt.Bldg Repairs-$118.68; Deadwood Supply Inc: Highway Fund Supp- $187.54; Deadwood, City Of: Gen.Govt.Bldg Util-$399.60; Highway Fund Util-$43.10; Dena Sheets Property Mngt: Ca Rent-$400.00; Dept Of Hlth Lab Services: Jail Blood-$525.00; Deverman Investigative Service: Crts Judges-$2,068.80; Diamond Mowers Inc: Highway Fund Supp-$30.87; Dietrich, Donna K.: Mh Serv-$222.38; Duffy, Patrick Law Office: Caa- $25,623.09; Eddie's Truck Sales Serv Inc.: Highway Fund Supp-$55.70; Ekeren, Marv: Mh Serv-$33.00; Ellingson,Joseph E: Caa-$304.18; England, Leslie J.: Comm/Comp Plan Contract- $22,000.00; Fawver, Brad: Ca Rent-$321.00; Federal Express Corp.: Sher Supp-$13.31; Frederickson, John R Inc: Caa-$521.25; Fuller, Tellinghuisen, Gordon: Mh Serv& Caa- $4,809.29; Gene's Lock Shop Inc: Sher Trvl-$38.96; Global Computer Supply Inc: Sher Comp- $293.91; Godfrey's Brake Serv Inc: Highway Fund Supp-$454.64; Gold Dust Inc: Crts Juror Meals-$88.88; Golden West Teltech Inc: Sher Util-$37.50; Great Western Tire Inc: Sher Trvl- $710.94; Heisler Hardware Inc: Airport Supp-$20.48; Highway Fund Supp-$30.82; Hey, John W. Company:

Gen.Govt.Bldg Repairs-$375.00; Honeywell Inc: Gen.Govt.Bldg Supp-$1,864.88; Hoseth Auto Inc., Spf: Various Supp $32.51; Highway Fund-$91.77; Hutchens, Jim: States Atty\Witness- $396.36; Ikon Office Solutions Inc: Various Supp-$750.15; International Conference Of: P/Z Pub-$131.60; Jacobs Precision Welding: Highway Fund Supp-$5.50; Johnson Ford Inc: Various Veh Maint-$204.28; Kadrmas, Lee And Jackson Inc: Air Cap Imp-$1,743.75; Windstorm- $148.96; Kar Products Inc: Highway Fund Supp-$311.80; Karl's Inc: Jail Supp-$50.00; Karpinen, Sharon: Jail Blood-$140.00; Kdsj: Equal Adv-$25.00; Kinney,Matthew: Caa-$359.74; Knecht True Value Inc: Various Supp-$79.67; Koala Electric Inc: Gen.Govt.Bldg Repairs- $478.76; Highway Fund Supp-$614.29; L C Auditor-Petty Cash: Various Supp-$58.00; L C Highway-Petty Cash-Highway Fund Supp-$40.21; L C Public Health: Nurses-$2,208.00; L C Sheriff: Sher Supp-$93.52; Lawson Products Inc: Highway Fund Supp-$297.87; Lee, James: Gen.Govt.Bldg Contracts-$45.00; Lead-Deadwood Sanitary: Gen.Govt.Bldg Util: $149.40; Highway Fund Util-$13.00; Lexis Law Publishing Inc: Pub Def Books-$52.00; Loewe Enterprises: Crts Investigate Serv-$1,201.87; Lombardino, Michelle: Jail Blood-$70.00; M.G. Oil Co: Highway Fund Supp-$1,700.00; Macks Auto Body: Ins-$56.03; Mailworks Plus: Weed Supp-$40.00; Manlove Psychiatric Group: Crts Judges-$2,029.16, Marilyn's Interiors: Sher Equip-$5.00; May,Johnson,Doyle& Becker Inc: Caa-$1,630.60; Meade County Sheriff: States Atty\Pser-$16.80; Medicap: Ca Meds-$667.29; Mikelson, Gary E.: Mh Serv-$168.52; Montana- Dakota Util. Dwd.: Various Util-$7,038.68; Highway Fund-$1,302.77; Muth Electric Inc: Wind Storm-$248.28; N H General Hospital: Sher Cr&Jail Med-$848.61; N H Plaza: Soil Rent & Supp-$291.00; National Sheriff's Assoc: Sher Supp-$50.00; Neve's Uniforms Inc: Sher Equip- $286.77; Nicholas, Carol: Jail Blood-$35.00; Oncology Associates: Ca Doctor-$2,805.78; O'neill's Danny Inc: Emergency Management Fund-$254.40; Ore Car Express Inc: Sher Trvl- $20.95; Orth, Mary: Jail Blood-$105.00; Pennington County Sts.Attny: Mh Serv-$190.00; Phillips Petroleum Co. Inc: Sher Equip-$55.75; Pitney Bowes, Inc.: Exten Supp-$169.44; Poage, Dottie: States Atty\Wit-$1,329.83; Porta Storage Inc.: Wind Storm-$115.00; Postmaster, Deadwood: Various Supp-$4,295.00; Postmaster, Spearfish: Various Supp-$193.00; Pronto Auto Supply: Highway Fund Supp-$81.15; Queen City Medical Center: Comm Empl Flu Shots- $280.00; Queen City Motors Inc: Sher Trvl-$165.20; Highway Fund-$7.63; Qwest: Various Util- $2045.58; E911 Fund-$535.73; Emergency Management Fund-$41.47; Quill Corp: Emergency Management Fund-$100.72; R C Community Health: Jail Blood-$124.40; R C Medical Center: Ca Doctor-$1,613.06; R C Police Dept: Jail Blood-$641.00; R C Regional Hospital Inc: Mh Serv-$3,369.56; Radio Shack: Various Supp-$227.50 Rand's Photo: States Atty\Prof Serv- $475.65; Rapid Delivery Inc: Highway Fund Supp-$5.50; Reliable Inc: Various Supp-$153.18; Renka, Richard P Md Pc: Mh Serv-$40.00: Rensch, Timothy J Atty At Law: Caa-$36,287.87; Reindl, Staci: Caa-$951.82; S D Dept Of Transportation: Hwy & Bridge Res-$4,270.55; S D Federal Property Agency: Sher Equip-$30.50; S D Public Assur Alliance: Ins-$59,745.96; Sand Creek Printing Inc: Soil Supp-$70.00; Sanito Oil, Inc.: Sher Trvl-$1,063.20; Highway Fund Supp-$4,005.82; Satterlee, Al: Ins Accd Repair -$50.56; Schmidt, Harlan A.: Airport Cap Imp- $1,306.80; Servall Towel & Linen,Inc: Gen.Govt.Bldg Contracts-$330.30; Highway Fund Supp- $92.76; Simpson, Jim: Crts Judges-$500.00; Sioux Falls Tower & Comm Inc: Wind Storm- $16,276.05; Snorteland, Ida Marie: Extension Misc Exp-$75.00; Spearfish Auto Supply Inc: Various Supp-$59.40; Highway Fund Supp-$495.04; Spearfish Husky: Highway Fund Supp- $29.50; State Dept Of Health: Bd Hlth Supp Reimburse Inspec-$8,112.00; State Radio Communication-Disp Supp-$2,619.00; Superior Lamp And Supply Inc: Gen.Govt.Bldg Supp- $319.35; Teen Court Inc: Crts Teen-$5,800.00; Telcomco Communications: Emergency Management Fund-$1,096.00; E911 Fund-$23.90; Sher Util-$59.75; Texaco, Inc: Sher Trvl- $146.64; The Wrench Specialties: Highway Fund Supp-$72.00; Thurman Law Office: Mh Serv- $84.25; Tigerdirect: Various Equip-$2,332.00; Triple K Tire & Repair: Various Repairs- $204.02; Twin City Hardware & Lumber In: Highway Fund Supp-$1.52; Gen.Govt.Bldg Supp- $252.22; U S Bank: Crt House&Jail-$1,125.00; Verizon Wireless Inc: Various Util-$141.15; Viking Office Prod: Sher Equip-$239.99; Vodopich, Robert: Crts Juror-$47.40; Voelker & Adams: Caa-$1,041.85; Walmart Store Inc: Various Supp-$315.87; Waste Connections, Inc.: Highway Fund Util-$119.00; Gen.Govt.Bldg Util-$197.00; Weed & Pest Conference: Weed Trvl-$45.00; West Group: Various Books-$1,923.91; Western Communication Inc: Highway Fund Supp-$294.10; Williams Standard Serv: Sher Trvl-$16.55; Worldcomm Mci Inc: Highway Fund Util-$40.48; Various Util-$422.87; Emergency Management Fund-$17.67; Xerox Corporation: Sher Supp-$110.00; Yankton Co. Sheriff: Mh Serv-$33.00; Porter,Mike: States Atty\Pser -$971.12; Jurors & Witness Fee: Kreager,E-$18.70; Larive,D-$12.32; Rosencranz,R- $18.70; Alsup,D-$20.44; Bachand,L-$11.74; Brimm,G-$21.60; Bruns,B-$19.86; Burke,S- $14.64; Burshek,C-$19.28; Cichosz,T-$56.96; Cornell,D-$18.70; Derosier,K-$19.86; Donner,D- $51.74; Eastmo,V-$24.50; Eide,R-$51.74; Ellis,B-$18.70; Felter,A-$12.32; Fillingim,J-$56.38; Grant,K-$23.34; Hansen,B-$50.58; Harper,D-$57.54; Hawley,R-$58.12; Henderson,J-$21.60; Huntington,W-$11.74; Hyde,D-$18.70; Jahner,A-$15.80; Jensen,C-$19.86; Jones,M-$21.60; Kaufman,A-$23.92; Knutson,C-$19.86; Larive,D-$12.32; Lingen,M-$58.70; Mcfarland,A- $58.70; Munro,S-$19.86; Needs,T-$12.32; Phillips,C-$11.74; Portwood,L-$18.70; Rogers,J- $11.74; Schoenthal,P-$18.70; Schoon,W-$18.70; Schuh,M-$21.60; Skalsky,D-$51.16; Stuen,B- $20.44; Thoresen,D-$11.16; Tysdal,G-$18.70; Walton,K-$58.70; Weiers,R-$12.90; Williams,S- $18.70; Wilson,D-$17.54; Garrett,R-$18.70; Geist,R-$40.00; Bender,R-$16.96; Bradley,A- $11.16; Bravek,C-$58.70; Bunney,M-$61.60; Cooch,E-$58.70; Custis,D-$59.86; Macdonald,M- $58.70; Redinger,P-$61.60; Storbeck-$58.70; Whitaker,R-$61.60; Williamson,J-$57.54; Zandri,W-$51.74; Anderson,L-$12.90; Barrett,L-$11.74; Biel,J-$11.74; Chickering,C-$15.22; Downen,J-$12.90; Driscoll,L-$58.70; Eastman,P-$56.38; Edstrom,V-$10.58; Elmlinger,C- $18.70; Erikson,L-$12.90; Evans,R-$11.74; Field,N-$50.58; Flock,R-$18.70; Floyd,K-$12.32; Frauen,M-$52.90; Fuller,S-$56.38; Gienger,T-$20.44; Heinbaugh,T-$58.70; Howe,M-$58.70; Jahner,L-$15.80; Kurry,T-$18.70; Lewis,T-$12.32; Lich,C-$18.70; Losey,K-$10.58; Magnusson,C-$21.60; Mccord,A-$16.96; Mundt,P-$18.70; Oliver,B-$58.70; Paulson,S-$15.80; Scholz,K-$21.60; Stone,V-$58.70; Stratt,T-$19.86; Talsma,D-$61.60; Thomas,P-$18.12; Vette,L-$61.60; Wager,N-$19.86; Wendt,D-$58.70; Glover,W-$10.58; Logan,W-$11.74; Long,T-$61.02; Trucano,M-$11.16; Clyde,J-$24.50; Hall,V-$11.74; Hill,T-$14.64; Hodges,E- $22.76; Moore,M-$21.60; Varner,B-$18.70; Callahan,M-$18.12;

ADJOURN: 11:45 a.m. - There being no further business it was Moved-Seconded (Mattson- Seward) to adjourn. Motion Carried. Opitz-absent

______DATE

______CONNIE H. DOUGLAS, Chairman ATTEST:

______CONNIE ATKINSON, Auditor LAWRENCE COUNTY COMMISSIONERS MEETING – FEBRUARY 27, 2001

Chairman Connie H. Douglas called the regular meeting of the Lawrence County Commissioners to order at 8:00 a.m. on February 27, 2001 in the Administrative Annex Building of the Lawrence County Courthouse located at 90 Sherman Street, Deadwood, SD with Commissioners Terry Weisenberg, Barbara Mattson and George Opitz present. James J. Seward absent.

All motions were passed by unanimous vote unless stated otherwise.

MINUTES: Moved-Seconded (Mattson-Opitz) to approve the minutes of February 13, 2001. Motion Carried. Seward absent.

PERSONNEL: SHERIFF: Moved-Seconded (Weisenberg-Mattson) to approve Tammy L. Harper as a reserve in the Sheriff’s Office. Motion Carried. Seward absent.

Moved-Seconded (Weisenberg-Douglas) to allow employee’s to donate sick leave to Anthony Bradley and to allow the payback of sick leave of 66.51 over the next six pay periods. Motion Carried. Seward absent.

Moved-Seconded (Opitz-Douglas) to approve the advertising of a full time jailer to fill the vacancy because to the resignation of Mariatta Vickory. Motion Carried. Seward absent.

Moved-Seconded (Opitz-Mattson) to approve Janet Turbeville as a fill-in Cook/Jail Asst at $10.40 an hour. Motion Carried. Seward absent.

Moved-Seconded (Weisenberg-Douglas) to approve Benjamin Shaeffer as a part time jailer at $6.54 for 40 hours training and then $10.22 an hour as a Correctional I. Motion Carried. Seward absent.

TREASURER: Moved-Seconded (Opitz-Douglas) to approve a step raise for Lisa Schwindt, Accounting Clerk step 4 to step 5 at a base rate of $9.12 an hour, effective 2-16-01. Motion Carried. Seward absent.

EQUALIZATION: Moved-Seconded (Opitz-Mattson) to allow a waiver for Darlene Piekkola to exceed her vacation maximum in 2001. Motion Carried. Seward absent.

EXECUTIVE SESSION: 8:20 a.m.: Moved-Seconded (Weisenberg-Mattson) to go into executive session to discuss personnel. Motion Carried. Seward absent. 8:30 a.m. reopened.

RESOLUTION 01-07 FIXED ASSETS: Moved-Seconded (Opitz-Weisenberg) to approve the following Resolution #01-07 Fixed Assets setting the criteria to $5,000. Motion Carried. Seward absent. RESOLUTION #01-07 FIXED ASSETS: WHEREAS, Lawrence County has a substantial investment of tax dollars in various land, buildings, equipment and other assets owned by them and safeguarding such a large investment is of the utmost importance to sound financial administration, and WHEREAS, guidelines are necessary for the creation of said fixed asset accounting, now, THEREFORE, the Lawrence County Auditor is hereby directed to prepare an inventory of all fixed and real property assets. A fixed asset shall be defined as any and all personal property that is tangible in nature, a life longer than the current fiscal year and having a value of $5,000.00 or more, and THEREFORE, the Lawrence County Auditor is hereby directed to prepare an inventory of all Land and Buildings regardless of the value. Dated this 27th day of February 2001. BOARD OF COUNTY COMMISSIONERS. CONNIE H. DOUGLAS, Chairman., BARBARA A. MATTSON, JAMES J. SEWARD, TERRY WEISENBERG, GEORGE OPITZ. ATTEST: CONNIE ATKINSON, LAWRENCE COUNTY AUDITOR.

RESOLUTION #2001-09 H.R. 2389 “SECURE RURAL SCHOOLS AND COMMUNITY SELF-DETERMINATION ACT OF 2000”: Moved-Seconded (Opitz-Weisenberg) to approve the following Resolution #2001-09 H.R. 2389 “Secure Rural Schools And Community Self- Determination Act Of 2000”. Motion Carried. Seward absent.

RESOLUTION #2001-09 H.R. 2389 “SECURE RURAL SCHOOLS AND COMMUNITY SELF-DETERMINATION ACT OF 2000” PURPOSE: Selection of Forest Reserve Payment System Opting in/out of HR 2389 Safety net WHEREAS, counties having United States National Forests within their boundaries have received Forest Reserve funds for roads and schools since the passage of the Agricultural Reapportionment Act of 1908 based on revenues generated from these forests; and WHEREAS, these counties have substantial areas of land in public ownership which can neither be developed nor taxed to generate revenue from economic activity or taxation; and WHEREAS, during most of the 20 th century Forest Reserve payments were a consistent but cyclical source of income for schools and counties; and WHEREAS, during the past decade changes in public policy at the national level have substantially reduced and in some cases virtually eliminated economic activity on national forests; and WHEREAS, the demands for education and roads have in most jurisdictions continually increased while Forest Reserve revenues have declined; and WHEREAS, the Congress of the United States recognizing the existence of the above mentioned conditions has seen fit to pass HR 2389, which provides among other things a six year safety net whereby counties may receive the traditional payment from the Forest Service (and/or BLM) or a temporary payment based on the payment of the average of the three highest years to the State of South Dakota; and WHEREAS, HR 2389 specifies that each forest county has an option to select either: (a) remaining on the traditional 25% Forest Reserve Receipts payment system or (b) selecting the full payment system set forth in Title I of HR 2389; and WHEREAS, it is understood that counties which select the HR 2389 full payment (safety net) option are doing so for the full six year life of the bill; and WHEREAS, it is further understood, that those counties who select to remain on the traditional 25% Forest Reserve Receipt system are obligating themselves for a two year period, and will have the option of changing to the HR 2389 safety net system after the second and fourth years of the bill. BE IT THEREFORE RESOLVED that Lawrence County and its impacted school districts, hereby select to receive their forest reserve payments as set forth below: FULL SAFETY NET PAYMENT AMOUNT AS PER HR 2389 ; and BE IT FURTHER RESOLVED that this selection be communicated to the Governor of South Dakota by September 30, 2001; and BE IT FURTHER RESOLVED that all jurisdictions receiving Forest Reserve Funds within Lawrence County receive a copy of this resolution for their official records as soon as it is officially adopted. Dated this 27 th day of February 2001. FOR THE BOARD: Connie H. Douglas, CHAIR. ATTEST: Connie Atkinson, AUDITOR

TRAVEL REQUEST: HIGHWAY: Moved-Seconded (Weisenberg-Douglas) to approve the travel request for Chuck Williams to attend the highway Superintendents Short Course in Brookings, SD on March 20-22, 2001. Motion Carried. Seward absent.

TREASURER: Moved-Seconded (Mattson-Douglas) to approve the travel request for Deb Tridle to attend the 2001 New Officials Workshop in Pierre, SD on March 21-22, 2001. Motion Carried. Seward absent.

FIRE ADVISORY: Moved-Seconded (Opitz-Mattson) to approve the travel request for Scott Randolph and Jerome Harvey to attend the Fire wise Workshop in Missoula Montana on March 4-8, 2001. Motion Carried. Seward absent.

SOUTH DAKOTA PUBLIC ASSURANCE ALLIANCE: Moved-Seconded (Mattson- Weisenberg) to authorize the Chairman to sign the South Dakota Public Assurance Alliance Amendment of Article XI of the Intergovernmental Contract Three (3) Year Contribution Guarantee. Motion Carried. Seward absent.

SHERIFF FEDERAL ANNUAL CERTIFICATION REPORT: Moved-Seconded (Mattson- Weisenberg) to authorize the Chairman to sign the Federal Annual Certification Report – Asset Forfeiture and Money Laundering Section. Motion Carried. Seward absent.

EXTENSION GRANT: Moved-Seconded (Weisenberg-Opitz) to authorize the Chairman to sign the Nutrition Network / Team Nutrition mini-grant for $1,000. Motion Carried. Seward absent.

VOLUNTEER FIRE DEPARTMENT MEMBERS: Moved-Seconded (Weisenberg-Opitz) to approve Cleo Burghduff as a Volunteer Fire Fighter for insurance purposes. Motion Carried. Seward absent.

SEARCH & RESCUE DEPARTMENT MEMBERS: Moved-Seconded (Opitz-Mattson) to approve the following list of Search & Rescue members for insurance purposes. Motion Carried

SEARCH & RESCUE SQUAD MEMBERS: BERRY, James M.; BLACK, Sue L.; COVELL, Robert A.; CULVER, Kathleen K.; GRANT, Elsa M. ; HARVEY, Jerome F.; HAWKI, Kenneth C.; LABAU, Keith ; LANGER, David L. ; LARSON, Daniel L.; LILLEHAUG, Arlendo L.; LILLEHAUG, Gary D.; MCFARLING, William L.; MILLARD, Raymond L.; NELSON, Kesha M; RAUBACH, Fred L.; REAR, Kay L.; REGAN, Daniel J.; SIEDSCHLAW, Robert W.; SKORKA, Zbigniew; TOLLEFSON, Jamey; TOLLEFSON, Melanie.

CATASTROPHIC POOR RELIEF CLAIM: Moved-Seconded (Weisenberg-Douglas) to allow the Chairman to sign the catastrophic poor relief claim for $42,000, the county should receive $20,308 from the pool. Motion Carried. Seward absent.

ABATEMENTS: SUMMIT CONSTRUCTION: Moved-Seconded (Opitz-Weisenberg) to approve the abatement on parcel #26999-00020-001-23 for 2000 taxes payable in 2001 because the tower was removed. Motion Carried. Seward absent.

FUEL QUOTES: Moved-Seconded (Weisenberg-Douglas) to accept the only fuel quote submitted from Sanito Oil Company . Highway Dept.-Regular Gasoline-$1.228, No.1 Diesel- $1.149, No.2 Diesel- $1.049, Blend Diesel 50/50 -$1.099, and Sheriff Office-Unleaded Gasoline- $1.228. Motion Carried. Seward absent.

SEARCH & RESCUE: Howard Muchow gave an annual report on Search and Rescue . Muchow stated they are getting new members who are eager to train and all volunteers are putting a great deal of effort forward.

Muchow stated he is working on a disaster response city guide and will present the guide to the City Mayor’s. Muchow stated the guide will be approved by the state prior to the presentation to the cities in March. Opitz asked that Muchow have the Mayor’s sign a letter of receipt when the guides are presented.

RESOLUTION #01-08 TO ADOPT A SUPPLEMENTAL BUDGET: Moved-Seconded (Mattson-Douglas) to approve the following Resolution #01-08 To Adopt A Supplemental Budget. Motion Carried. Seward absent. RESOLUTION #01-08 TO ADOPT A SUPPLEMENTAL BUDGET: WHEREAS, the County Budget for Lawrence County, South Dakota, for the fiscal year 2001, failed to provide sufficient revenue to enable the County to conduct the indispensable functions of Government, and WHEREAS, the Board of County Commissioners of said County deems it necessary to make a Supplementary Budget, providing for appropriation in the amounts set out below. NOW, THEREFORE, be it RESOLVED THAT SAID BOARD, make, approve and adopt a Supplemental Budget for Lawrence County, South Dakota, for the year 2001, and that in said budget there will be and is hereby appropriated the following sum of money, to-wit: GENERAL FUND AIRPORT – WIND STORM - $326,205.69 . The funds for the above amounts are to be provided from unappropriated cash balances and estimated revenue in the designated Fund. Be it further RESOLVED that a hearing was held on the 27th day of February, 2001 at the hour of 9:30 o'clock, a.m. in the Commissioners' Room in the Administrative Office Building at 90 Sherman Street, Deadwood, Lawrence County, South Dakota, and that said Notice of Hearing was posted according to law, SDCL 7-21-22. IN WITNESS WHEREOF, we have hereunto set our hands and official seal of Lawrence County, this 27th day of February, 2001. BOARD OF COUNTY COMMISSIONERS . CONNIE H. DOUGLAS, Chairman., BARBARA A. MATTSON, JAMES J. SEWARD, TERRY WEISENBERG, GEORGE OPITZ. ATTEST: CONNIE ATKINSON, LAWRENCE COUNTY AUDITOR

AIRPORT TAXI & RAMP PROJECT: Bob Golay, Airport Board Member, was present to discuss the airport taxi and ramp project. Golay stated the FAA and State Guidelines are requiring this project. Golay explained because of the windstorm in August of 2000 all of the hangars were destroyed and now as they rebuild the hangars the FAA and State guidelines require the taxiways and ramps be revamped and moved to accommodate the new safety rules.

Moved-Seconded (Mattson-Weisenberg) Whereas this project is the result of the Windstorm in 2000 and is being required by the FAA and State guidelines to rebuild, Lawrence County hereby approves the County’s 5% match funds for the estimated $320,000 total taxi and ramp project, Lawrence County share would be approximately $16,000-$17,000. Motion Carried. Seward absent.

SHERIFF 2001/2002 4X4 UTILITY VEHICLES BID OPENING: The following bids were received for 2001/2002 4x4 utility vehicles: Ted Tufty Dodge: 2001Durango 4X4 Sport: $24,070 Base Bid ($495-4 wheel anti-lock brakes; $130-skidplate; $590-trailer tow group; $405-6” spotlight post mounted; $150-2-4 gauge wires; $50-drawbar & ball; $230-delivery) Trade-ins 96 Crown Vic:$800; 97 Crown Vic:$2,300; 94 Olds Ciera:$1,000.

Moved-Seconded (Weisenberg-Mattson) to accept the only bids received from Ted Tufty Dodge to purchase three 2001 Durango 4X4 Sport Utilities, and to declare the following vehicles surplus and allow them to be traded in: 1997 Ford CVC 2FALP71W3VX135413; 1996 Ford CVC 2FALP71W8TX177010 and 1994 Olds Cut 1G3AG55M8R6358871. Motion Carried. Seward absent.

2001 PATROL CAR POLICE PACKAGE: The following bids were received for one 2001 patrol car police package. NO BIDS WERE RECEIVED.

EXECUTIVE SESSION: 9:50 a.m.: Moved-Seconded (Weisenberg-Mattson) to go into executive session to discuss personnel. Motion Carried. Seward absent. 10.05 a.m. reopened.

TWIN PEAKS RESORT CONDITIONAL USE PERMIT: Moved-Seconded (Mattson- Weisenberg) to add the following condition #13 to Conditional Use Permit #226 for Mark Schwan, Twin Peaks Ranch. Motion Carried. Seward absent. CONDITION #13: Non-family guests may stay at the cabins and cottages on a temporary basis for not more than 30 days at a time. A caretaker will be excluded from this requirement if they are staying in one of the cabins or cottage.

TOM & BONNIE SCHRAMEL / LOGS UNLIMITED - CUP#270: A public hearing was held on a request for conditional use permit #270 – Tom and Bonnie Schramel aka Logs Unlimited – To allow for construction and shipment of log homes. LEGAL: Lot 1, T and M Subdivision, NW¼ of Section 16, T6N, R4E, B.H.M. LOCATION: Approximately 1 mile north of Whitewood on the east side of Highway 34. PRESENT ZONE: A-1 General Agriculture District. Moved-Seconded (Mattson-Weisenberg) to approve the Conditional Use Permit #270 for Tom and Bonnie Schramel aka Logs Unlimited, to allow for construction and shipment of log homes with the following conditions. Motion Carried. Seward absent.

#270/ Tom and Bonnie Schramel / Logs Unlimited / ATTACHED CONDITIONS: 1.) The owner/operator shall follow all applicable County, State, and Federal regulations regarding the business. 2.) The owner/operator shall live on the property as long as the subject conditional use permit is in affect. 3.) The newly constructed log cabin built by the operator shall be used as an office to conduct business and not as a residential dwelling. The office shall be connected to the existing water and septic systems on the property. 4.) A South Dakota certified professional engineer shall review and give approval of the existing septic system prior to connecting to the office. 5.) The existing mobile home on the property shall be removed prior to the construction of the office. 6.) The existing pole barn and sheds may be utilized for storage and a workshop for the business. 7.) The existing barn may be utilized for agricultural purposes and livestock. 8.) The hours of operation will be Monday through Friday from 7:00 a.m. to sunset and on Saturdays from 7:00 a.m. to 1:00 p.m. 9.) The bark and other salvage materials may be privately sold on the property, but shall be hauled away before becoming a visible nuisance. 10.) The owner/operator shall contact the South Dakota Department of Transportation to review the existing access off of State Highway #34 to ensure public safety prior to starting the business. 11.) State Highway approved warning signs shall be posted along Highway #34 when the log delivery trucks are exiting or entering the highway as specified by the Federal Manual on Uniform Traffic Control Devices (MUTCD). 12.) All parking including truck loading and unloading shall conform to Section 4.1, Parking and Loading Regulations of the Lawrence County Zoning Ordinance. 13.) Employee parking shall be within a designated area on the property. 14.) All lights used for exterior illumination shall be directed away from nearby residences and public roads. 15.) A building permit from the Lawrence County Office of Planning and Zoning shall be required prior to any permanent construction or additions. The construction shall comply with Uniform Building Codes and Fire Safety Codes. 16.) Water quality testing shall be conducted by the operator according to the South Dakota DENR Water Quality Division regulations and found to be safe for public consumption. 17.) Fire extinguishers and a first aid kit shall be made accessible at all times. 18.) One telephone shall be made available in case of emergencies. A list of emergency numbers and sheriff department number shall be placed next to the phone. 19.) Any change of land ownership or proposed transfer of the Conditional Use Permit to another operating company shall be reported immediately to the Lawrence County Office of Planning and Zoning. The new owners shall meet with the Lawrence County Commission to review and accept the conditions of this permit. Or upon the decision of the County Commission, this Conditional Use Permit may be canceled upon completion of any remaining reclamation. 20.) This permit shall be reviewed on annual basis, or on an as needed basis should complaints arise to assure compliance with the attached conditions, at which time additional conditions may be attached if deemed necessary for the protection of the public interest. 21.) If any term, condition or requirement stipulated in the Conditional Use Permit, the Lawrence County Zoning Ordinance or applicable State and/or Federal regulations are not fully complied with in all respects, this permit shall be reviewed and may be suspended or revoked.

STANLEY SCHEURER / GUNDERSON – CHANGE OF ZONING: A public hearing was held on a - request for change of zoning - Stanley Scheurer, Thomas and Holly Gunderson Trust and Eugene Gunderson Trust. LEGAL: S½S½NE¼, W½SE¼ of Section 12, and the NW¼NE¼ of Section 13, T6N, R1E, B.H.M., Lawrence County, South Dakota. LOCATION: Approximately 3 miles west of Spearfish off the Higgins Gulch Road. PRESENT ZONE: A-1 General Agriculture District.

Roger Tellinghuisen, Attorney for Stan Scheurer and co-owners, presented the Elk Country Estates petition, map, proposed preliminary plat, critical analysis of agricultural suitability (Greg Reeves’ Report), Perry Rahn Report, NJS Engineering Report, analysis regarding traffic impacts (Benshoof & Associates Report, Utility “will serve” letters and Zoning Amendment Considerations. (Booklet on file in the Lawrence County Auditor’s Office). Tellinghuisen presented documentation of the Certified Letters of Notification Petition for Zoning Amendment for Elk Country Estates to Chuck Williams, Craig Lundorff, Dennis Mann, Game & Fish comm., James & Jytte Bowers and Benedikte Heddon (on file in the Planning & Zoning Office).

Tellinghuisen stated the Reeves Report concluded that clearly this property is not suitable for agricultural purposes and would support approximately five cows for one month, or one cow for five months, or one cow-calf pair for four months, or two pairs for two months, or four pair for one month. Tellinghuisen stated the Perry Rahn report address the availability of water because this project supports a central water system for the residents ultimately located within the development. The conclusion is that there would be adequate water available for the proposed development. Tellinghuisen stated it should be remembered and kept in mind that not only would it require approval by the County but also specific permits for a well issued by the State of South Dakota. The report also addresses the suitability of the soils for individual septic systems. The conclusion briefly stated is that these soils are in his opinion very suitable for individual septic systems.

NJS Engineering was asked to specifically go out and do percolation tests and the results are contained within the report. Tellinghuisen stated in the conclusion, offered by Mr. Stodolski, the percolation rates are on the bottom end of the allowable rates, which is of some concern and may require an absorption field that is not of standard design. Tellinghuisen states the percolation tests tell the engineer whether or not a standard design septic system can be used. When the percolation tests indicate it cannot than a non standard system has to be designed, but nonetheless the common theme throughout is that any septic system for this development will require professional engineering for the property.

Tellinghuisen stated the Benshoof report concluded that in spite of the fact that this existing road is not currently up to South Dakota secondary road standards in his opinion there are a number of improvements that can be made to the road which would improve the road for not only the people that live there but also for the proposed additional traffic this development would bring. Tellinghuisen stated even though the road would not meet secondary road standards it would improve the safety of the road.

Tellinghuisen stated another addition that Mr. Scheurer brings to this project this time is an offer to pay to the county a sum of $3,000 for each and every lot that sells in this development as they sell. These funds would be designated for the use and improvement of the one-mile stretch of Higgins Gulch Road. If the proposed 32 lots were sold it would raise $96,000 to be applied towards the improvement of the Higgins Gulch Road.

Stan Scheurer stated the reason they are here is to determine if this ground should be zoned agricultural or not. Schuerer stated the booklet was put together to explain why they do not feel it is agricultural ground. Schuerer stated he doesn’t feel anyone can say it is agricultural ground. There are 160 acres in the valley and the only thing it could be suitable for is as far as agriculture is livestock purposes. Schuerer stated it can provide for five cows for one month out of the year and referred to the Reeves Report.

Scheurer referred to Perry Rahn’s Report and that the development will not contaminate or hurt any water sources. The Madison Formation is about 800 feet down and there is water available anywhere from 100 to 300 feet in the Minnelusa Formation. Rahn’s report suggested drilling to the Madison formation. Scheurer stated that is what their plan is with a six foot main, water reservoir and fire hydrants would be put in throughout the development. Scheurer talked of individual septic systems and that all-septic systems will be engineer designed and inspected by Lawrence County inspectors and done by certified installers. They will be using all local people to complete all of the construction and work on the project to help the community. Scheurer stated per a recommendation from Rahn it will be put in the covenants that all of the septic systems be inspected every two years. Schuerer stated septic systems do work properly when they are installed, as long as they are taken care of properly, but if they are not pumped as they should be they end up with problems. By inspecting them periodically this can be avoided and it will be in the covenants.

Schuerer referred to Benshoof’s suggestions on the road. Schuerer stated he agrees that the road needs better visibility and signs, especially by the bridge. Schuerer stated the Benshoof’s Report concluded that presuming that the major portion of the recommended improvements are implemented, we are confident that the overall level of traffic safety and conformance with applicable engineering standards will be better following full development of the Elk Country Estates than is provided under current circumstances. Schuerer stated this means that after the improvements are done, even with the increased traffic volume from the development, the road will be safer than it currently is. Schuerer stated with the $3,000 per lot sold, which would be over $90,000, would make the recommended improvements from Benshoof and Associates. This would make the road safer, fuller developed than it currently is. Schuerer referred to a statement from the Department of Legislative Audit stating it is allowable for the County to accept donations for the improvement of the road.

Schuerer stated they are willing to work with the utility companies in getting the current utilities buried if this is desired by Chuck Williams, Highway Superintendent. Schuerer reviewed zoning amendment considerations of adjacent land use, distance from municipality, type of development (size and density), access from state and county road system, location appropriate for requested zone, flood plain, effect of proposed change of zoning, proposed development plan and the cumulative effect of proposed change.

James Bowers, area resident, stated concerns on the pollution of the water supply in the area. Bowers stated at the hearing in June of 2000 Mr. Putnam and Mr. Rahn indicated this is a sensitive area. Bowers stated he talked to Gary Wilder, City of Spearfish, and he indicated there are areas around here that are rather shallow. Bowers asked that the hydrologists might give a more complete detailed report as to the nature of the sensitivity. Bowers also raised concerns on the road. Bowers stated in June of 2000 Mr. Williams stated the cost to bring the road up to specifications would be $350,000. Bowers stated the offer of $3,000 per lot is gracious to contribute to the cost. Bowers stated after looking at the proposed plat he felt it was obvious that they intend on developing the upper ridge as well. Bowers suggested that the commission might consider allowing him to develop the area on the ridge first and the money of the sale of those lots be put in escrow until there is enough money to pay for the changes in Higgins Gulch Road. When this money is accumulated they could upgrade the Road and then it would be safe for latter development in the Gulch.

Jack Jenkins, area resident, referred to his letter mailed to the Board earlier. Jenkins stated he is concerned with the safety of the people who live on or use Higgins Gulch Road. The water quality and the contamination of the water system in the area were of great concern along with the road. Jenkins stated the area is not good for agriculture but he also doesn’t think the area is right for development. Jenkins stated there are other areas that just should not be developed because they are just to “Environmentally Fragile”. Jenkins stated this in one of those areas that should be just left alone. Jenkins stated if they approve this development they are saying that the 32 septic tanks will not pollute the drinking water of Higgins Gulch Road and possibly the City of Spearfish. The hydrologists have said that this could happen. Jenkins stated no one has stepped forward and said that if this happens, I will guarantee it, and take full responsibility for it if it does. Jenkins stated this area is in the middle of the S.D. Fish and Game reproduction area, there is hunting within a few yards of houses. Jenkins stated the Fish and Game stated it will stay this way and they will not change their regulations. Jenkins stated people would be living in the middle of a hunting range or target area and could be very dangerous. Jenkins talked about the fire danger and if there is a forest fire there would only be one way out through Higgins Gulch Road and there would be fire equipment trying to get in.

Jenkins stated the $3,000 per lot is a good will effort but $96,000 will not make this road safe. This does not even taken in consideration the one lane bridge and the road itself is not a full two- lane road. Jenkins stated this road and bridge must be brought up to specifications so the people have a safe way in and out. Jenkins stated there have been accidents on the road but no deaths. Jenkins reinforced the need to bring the road and bridge up to County specifications.

Jenkins discussed the water and septic problems. Jenkins stated no one is going to be there to inspect the septic tanks. Even if it is in the covenants who will enforce the testing every two years. This covenant is useless unless there is a law and it is enforced. Jenkins asked who is going to take responsibility to insure they are installed correctly and properly inspected. Jenkins stated the hydrologists have said that this is a very fragile area and he knows for a fact that his well is only 45 feet in the Minnelusa, so it is not necessarily 300-350 ft. deep. Jenkins stated the rock curvatures in the area are very very fragile and they go in different ways and no one knows where they go. This is why the hydrologists have made the statement that it is possible they could be polluting water systems as far as Rapid City. Jenkins stated they need to get all of the facts first.

Tom Fuller, Spearfish Public Works Administrator, stated his concern is the accumulated impact of septic systems in regards to the water sources for the City of Spearfish. Fuller stated as more and more septic systems are put in the recharge areas for the Madison and Minnelusa they are concerned that contamination could occur.

Tellinghuisen stated there are currently twenty platted home sites along the one-mile of road and only nine homes have been built. Tellinghuisen stated the complete development of this area will not be in the immediate future, it would be gradual. Tellinghuisen stated all of the homeowners that currently live in the area have septic systems and they are not under any obligation to have them checked. In the platting stage Schuerer could be required, as part of the covenants, to require the testing of septic systems. Tellinghuisen stated recalling Dr. Rahn’s testimony in June of 2000, the water table flow is away from Spearfish and Rapid City. Tellinghuisen asked if it should be this developer’s sole responsibility to upgrade this road. It is a county road and a multitude of other people use this road above and beyond the owner of the property in question. Tellinghuisen stated that maybe checking with Chuck Williams, there might be other options available to widen the bridge beyond the 15 feet. Tellinghuisen mentioned the possibility of doing a road exchange with the Forest Service. Tellinghuisen stated Schuerer’s intention is to establish a road district within the development and they would share in expense of the cost of the homeowners on the one-mile stretch of Higgins Gulch Road for any added maintenance.

Roger Riley, Realtor and interested landowner, stated he has taken many people to this area and they are not concerned about the road. They are more concerned about roads with the step hills. Riley stated he asked Williams if this road could be in phases and he agreed it could be. Trees could be taken out of the line of site and he could widen it in a few areas and also put in some culverts to take care of the drainage problem. Fire hydrants are proposed to be included in the development.

Douglas closed the public hearing and turned it over to the County Commission. The Board discussed the concerns Planning and Zoning had with water, sewer and the road. It was noted Planning and Zoning recommended approval of the Change of Zoning on a 3-2 vote. Mattson asked if the $3,000 per lot would be part of a developer’s agreement. Tellinghuisen stated a condition would be attached to the approval of the plat. Opitz asked if the $3,000 per lot could be paid up front. Tellinghuisen stated a cash flow problem prohibits the up front payment of the $3,000 per lot. Schuerer stated he did not intend on developing the top of the ridge and would like to build a home for himself in that area. The remaining land would be sold in 40 or 80 acre tracts 10-15 years down the road.

Opitz stated he talked to Rahn and he commented that he was comfortable with septic systems in this area. Opitz stated there is no guarantee but Rahn is a credible person and respects his expertise. Opitz asked what the plans were to require septic system inspections. Tellinghuisen stated they have talked about imposing a covenant that each and every homeowner have their septic system inspected by a certified installer at what ever period of time the County would require as condition of the approval of the plat. Evidence of this inspection would have to be provided to the homeowners association and the records must be kept a minimum of five years and available for inspection by the County. Tellinghuisen stated a covenant or bylaws of the homeowners association could also impose a penalty, such as cut off the water to the landowner. Birk commented that all plats related to this development will be brought to the Board, regardless of the number of lots being platted at the time.

Mattson asked that Outka research the possibility of the county giving the road to the Forest Service. Douglas stated the entire road issue is not settled at this time but Schuerer has showed a willingness to work on it. Weisenberg stated his original concern was that he wanted to be assured that the Lawrence County Taxpayers would not have to absorb the entire cost of the road and this issue has been resolved.

Moved-Seconded (Mattson-Weisenberg) to follow Planning and Zoning recommendation and approve the following change of zoning as submitted because the land never was Agricultural and the developer has made an effort to help improve the road condition by committing the $3,000 for each lot to be paid to Lawrence County at the closing of each sale. Motion Carried. Seward absent.

COZ NO. 206: An Ordinance Amending Lawrence County Zoning Ordinance Number One and Approving Change of Zoning #206 from A-1 General Agriculture District to PF - Park Forest District to Allow for Residential Subdivision. Pursuant to a Petition of Stanley Scheurer, Thomas and Holly Gunderson Trust, and Eugene Gunderson Trust for a Change of Zoning of a tract of land located in Lawrence County, South Dakota and pursuant to notice thereof having been given by publication of such as required by law, and pursuant to notice having, been given to adjacent landowners by certified mail as required by law, and pursuant to the favorable recommendation of the Lawrence County Planning Commission. BE IT ORDAINED: By Lawrence County, South Dakota, that the boundaries of A-1 General Agriculture District as established by the Lawrence County Zoning ordinance One, be amended so as to remove the following described real property, to Wit: S1/2S1/2NE1/4, W1/2SE1/4 of Section 12, and the NW1/4NE1/4 of Section 13, T6N, R1E, B.H.M., Lawrence County, South Dakota from the A-1 General Agriculture District and include it in the PF - Park Forest District. This amendment will become effective on the twentieth (20th) day following publication. CONNIE H. DOUGLAS, Lawrence County Chairperson; Attest: CONNIE ATKINSON, Lawrence County Auditor; BRUCE OUTKA, Lawrence County Deputy State's Attorney.

Mattson asked Outka to look into the County removing the one-mile stretch of road from the County secondary road system.

ALBERTO GOMEZ / CAPTAIN CLEAN ANNUAL REVIEW CUP#239: An annual review of Conditional Use Permit #239 for Captain Clean was conducted. Moved-Seconded (Weisenberg-Mattson) Conditional Use Permit # 239 was found to be in compliance and will be reviewed on an as needed basis, if complaints should arise, or at the desire of the Board to review. Motion Carried. Seward absent.

LAWRENCE COUNTY REVOLVING LOAN FUND / SEVERANCE TAX: Jim Doolittle, Black Hills Community Development was present to ask for an extension for the $200,000 request for Severance Tax Funds granted on January 2, 2001. Doolittle stated it is taking longer than expected to get the funds approved. Moved-Seconded (Weisenberg-Mattson) To grant an extension until June 12, 2001 to secure the EDA funds. Motion Carried. Seward absent.

GOVERNMENT DAY: Bev Hink was present to thank the Board for their past participation in Government Day and asked the Board to participate for the present year, appoint a coordinator for the County, requested the county donate $50.00 and attend the Luncheon that will be provided on Government Day at the Deadwood Fire Hall. Moved-Seconded (Opitz-Weisenberg) to participate in Government Day, appoint Marlene Barrett as the Coordinator and to donate $50.00 for the luncheon. Motion Carried. Seward absent.

BOARD APPOINTMENTS: Moved-Seconded (Weisenberg-Opitz) to appoint Bill Coburn, Dean Rasmussen, Brad Gordon and Commissioner Seward to the Timber Committee for a term to expire January of 2004. Motion Carried. Seward absent.

BILLS: Moved-Seconded (Mattson-Seward) to approve payment of the following payroll and authorize the Chairman to sign the following vouchers drawn on the proper funds. Motion Carried. Seward absent. Payroll: Comm-$3,029.44; Aud-$4,404.33; Treas-$6,642.06; Comp-$4,245.02; States Atty- $7,452.38; Pub Def-$5,602.43; Gen.Govt.Bldg-$4,706.33; Equal-$8,496.09; Deeds-$5,248.63; Vso-$666.55; Dispatch-$8,244.21; Sher-$22,785.77; Jail-$12,868.95; Emergency Management Fund-$1,426.21; E-911 Fund-$1,099.12; Highway Fund-$27,573.33; Airport-$788.70; Extension-$1,043.68; Soil-$421.72; Weed-$1,166.67; Planning & Zoning-$2,283.37; All Of These Bills Were Drawn From The General Fund Unless Otherwise Notes: B H Federal Credit Union: Various Pay Ded-$5,869.00; Highway Fund-$1,214.29; Bullock Hotel Inc: Pub Def Pro Serv-$147.11; Dept.Of The Treasury: Various Medi-$2,751.80; Highway Fund-$734.86; Emergency Management

Fund-$40.60; E-911 Fund-$31.88; Various Oasi-$11,766.06; Highway Fund-$3,142.14; Emergency Management Fund-$173.58; E-911 Fund-$136.30; Various Fit-$9,767.24; Highway Fund-$2,843.04; Emergency Management Fund-163.69; E-911 Fund-$140.12; Office Of Child Support: Highway Fund Salary-$284.50; Queen City Medical Center: Jail Salary-$50.00; Qwest: Various Util-$1,021.41; Highway Fund-$205.00; Emergency Management Fund-$151.67; S D Supplemental Retirement: Various Supp Ret-$681.50; Highway Fund-$171.00; Emergency Management Fund-$25.00; State Disbursement Unit/169763: Jail Salary-$60.00; Verizon Wireless Inc: Various Util-$248.52; Worldcomm Mci Inc: Various Util-$479.73; Emergency Management Fund-$9.80; Asheim, Roger D.: Crts Witness-$21.74; Baloun, Thomas W.: Pub Def Trvl-$62.35; Brennan, Seth P.: Crts Witness-$21.74; Landeen, Joel P.: Pub Def Trvl-$31.90; 3 D Specialties: Highway Fund Supp-$375.00; Abc Business Supply Corp: Various Supp- $15.34; Amcon Distributing: Jail Comm-$231.37; Amoco Oil Co: Sher Trvl-$166.87; Angoss: Comp Supp-$149.00; Armstrong Extinguish Inc: Jail Supp-$86.00; Asap Software: Comp Supp- $1,185.00; Avaya, Inc.: Highway Fund Util-$43.42; B H Pioneer Inc: Equal Adv-$300.60; B H Power & Light, Rapid: Various Util-$4,759.86; Highway Fund-$88.24; Baker, Ginger: Jail Blood-$210.00; Behavior Mngt Systems Inc: Allocation-$15,491.25; Crts Psych Eval-$640.00; Blackinton, J G Phd: Crts Therapy-$78.75; Boots & Saddles 4-H Club: Exten Misc Exp-$25.00; Butte County: Reimburse Caa Fees-$351.75; Carlson, Donald C.: Mh Serv-$15.00; Cellular One: Equal Util-$30.68; Emergency Management Fund-$41.99; Clinical Lab Of B.H. Inc.: States Atty Wit-$334.50; Compaq Computer Corp: Comp Equip-$672.00; Culligan Soft Water Serv Inc: Highway Fund Supp-$15.00; Dakota Graphics: Treas Supp-$174.00; Dalton, Kristie: Crt Reporter-$37.80; Dartek Computer Supplies Corp: Comp Supp-$865.47 ; Deadwood Carnegie Library: Yrly Allotment-$69,061.00; Deckers Food Inc: Crts Jurors Supp-$5.10; Dietrich, Donna K.: Mh Serv-$105.81; Domestic Crisis Outreach: Domestic Abuse-$262.50; Ecolab Inc: Jail Supp-$80.80; Egeland, Ruby M.: Ca Rent-$325.00; Executone Of The B.H. Inc: Gen.Govt.Bldg Repairs-$89.00; Factory Dirct Furniture: Sher Supp-$1,174.10; Fox, Youngberg & Lewno Pc: Mh Serv-$159.62; Frederickson, John R Inc: Caa-$533.25; Fuller, Tellinghuisen, Gordon: Caa- $3,213.21; Gene's Lock Shop Inc: Gen.Govt.Bldg Repairs-$42.50; Grace Balloch Mem Library: Yrly Allotment-$164,003.00; Great Western Tire Inc: Sher Trvl-$18.95; Greens Alignment: Sher Trvl-$142.98; Grimm's Pump Service Inc: Highway Fund Supp-$1,269.42; Havemeier,Leslie: Various Crt Reporter-$264.00; Herd's Ribbon Reinking: Comp Supp-$108.00; Hutchens, Jim: States Atty Wit-$336.41; Ibm Corp Sqh: Comp Rep-$149.90; Ikon Office Solutions Inc: Various-$2,221.57; Insight: Election Supp-$884.99; Johnson Electric: Soil Util-$40.80; Johnson, Janet: Jail Blood-$35.00; K Mart 3893: Various Supp-$87.49; Karl's Inc: Sher Supp-$69.92; Kevn Tv Inc: States Atty Pser-$20.00; Kinney,Matthew: Caa-$4,079.61; Kooistra, Nelva: Mh Serv-$15.00; Kota Graphics: Sher Supp-$112.50; L C Centennial Inc: Various Adv-$684.71; L C Sheriff: Sher Trvl-$189.71; Lead, City Of: Library Yearly Allotment-$57,302.00; Lee, James: Gen.Govt.Bldg Contracts-$15.00; Lee, Tamara D.: Mh Serv-$101.79; Lewis & Clark Bhs: Mh Serv-$220.00; Matthew Bender & Co. Inc: Law Lib-$64.20; Mcfarland, Bill: Emergency Management Sr Rescue Fund Equip-$27.08; Mcleod's Office Supply Inc: Equal Supp-$39.58; Meade Co. Auditor: Jail Bd Pris-$600.00; Mid-Night Star: Crts Juror Meals-$79.17; Montana- Dakota Util. Dwd: Weed Util-$126.43; N H Alcohol & Drug Services: Yearly Allotment- $3,743.00; N H Drug Task Force: Sher Equip-$142.90; N H General Hospital: Jail Med-$603.00; N H Plaza: Soil Rent-$250.00; N H Training Center Inc: Yearly Allotment-$5,700.00; Nada Appraisal Guides Inc: Treas Supp-$55.00; Nat'l 4-H Council-Supply Serv: Exten Misc-$31.43; Neve's Uniforms Inc: Sher Equip-$22.91; Nlada: Pub Def Fees-$276.78; Office Max #511: Various Supp-$903.90;Office Technology/Supply: Various Supp-$717.38; O'neill's Danny Inc: Gen.Govt.Bldg Repairs-$87.11; Orth, Mary: Jail Blood-$35.00; Outdoor Motor Sports: Emergency Management/Sr Fund-$39.55; Pennington Co Auditor: Mh Serv-$28.00; Pennington Co. Jail: Sher Trvl-$556.54; Pennington County Sts.Attny: Mh Serv-$190.00; Pitney Bowes, Inc.: Postage-$307.83; Poage, Dottie: States Atty Wit-$192.89; Porter Law Office Pc: Caa- $1,241.35; Qwest: Soil Util-$12.00; Highway Fund-$44.60; Quill Corp: Emergency Management Of Supp-$142.03; R C Regional Hospital Inc: Various-$4,570.20; Radio Shack: Various Supp-$148.93; Rensch, Timothy J Atty At Law: Caa-$10,426.84; Rjs Maps & Graphics: Emergency Management/Sr Fund-$53.70; S D Aao Inc: Equal Trvl-$275.00; S D Acc/S D Aco: Treas Trvl-$45.00; Sanito Oil, Inc.: Sher Trvl-$1,144.28; Servall Towel & Linen,Inc: Gen.Govt.Bldg Contracts-$165.15; Silverado Inc: Crts Jurors Meals-$61.58; Simpson, Jim: Crts-$500.00; Spearfish Emergency Amb: Yrly Allotment-$5,225.00; Standard Signs Inc: Airport Repairs-$232.19; Thurman Law Office: Mh Serv-$87.79; Tigerdirect: Comp Supp- $105.98; Tridle, John M: Law Lib-$100.00; Victims Of Violence: Domestic Abuse-$262.50; West Group: Law Lib-$341.75; Western Communication Inc: Highway Fund Supp-$294.10; Western Sd Juvenile Serv: Jdc-$78,380.90; Whitewood Library: Yrly Allotment-$40,384.00; Whitewood Senior Citizens: Yrly Allotment-$500.00; Williams Rentals: Sher Equip-$50.00; Worldcomm Mci Inc: Sher Util-$373.91; Highway Fund-$47.71; Yankton Co. Sheriff: Mh Serv- $16.50; Zep Manufacturing Co Inc: Highway Fund

Supp-$78.13; Porter, Mike: States Atty Pser-$591.32; Jurors & Witness Fee: Matzke,R- $28.70; Olson,R-$237.50; Bravek,C-$58.70; Bunney,M-$61.60; Carsten,N-$51.74; Cooch,E- $58.70; Custis,D-$59.86; Garvin,C-$58.70; Hosman,L-$58.70; Macdonald,M-$58.70; Massey,M-$58.70; Mehlberg,P-$52.90; Mitchell,G-$50.58; Noland-Eaton,D-$60.44; Pabst,D- $64.50; Redinger,P-$61.60; Storbeck,T-$58.70; Whitaker,R-$61.60; Williamson,J-$57.54; Zandri,W-$51.74; Armstrong,A-$34.50; Birnbaum,T-$21.74; Cox,R-$28.70; Deux,J-$63.20; Flaskamp,T-$29.86; Gains,J-$43.49; Jordan,B-$28.70; Kroger,J-$29.86; Lawver,J-$21.74; Maher,P-$20.58; Mason,Y-$20.58; Meaux,J-$21.74; Meadows,S-$28.70; Paauwe,B-$20.00; Paauwe,N-$20.00; Paris,N-$98.00; Pierce,T-$49.00; Reitz,C-$28.70; Schmit,J-$27.54; Shanteau,D-$21.74; Stevenson,J-$21.74

ADJOURN: 12:25 p.m. - There being no further business it was Moved-Seconded (Weisenberg-Douglas) to adjourn. Motion Carried. Seward absent.

______DATE

______CONNIE H. DOUGLAS, Chairman ATTEST:

______CONNIE ATKINSON, Auditor LAWRENCE COUNTY COMMISSIONERS MEETING – March 13, 2001

Chairman Connie H. Douglas called the regular meeting of the Lawrence County Commissioners to order at 8:00 a.m. on March 13, 2000 in the Administrative Annex Building of the Lawrence County Courthouse located at 90 Sherman Street, Deadwood, SD with Commissioners George Opitz and Terry Weisenberg present. Barbara Mattson and James J. Seward absent.

All motions were passed by unanimous vote unless stated otherwise.

MINUTES: Moved-Seconded (Opitz-Douglas) to approve the minutes of February 27, 2001. Motion Carried. Mattson and Seward absent.

COMPREHENSIVE PLAN: Douglas informed the Board she would be discussing the proposed ordinances for the Comprehensive Plan received from Leslie England with Erik Birk, Bruce Outka and Englund.

PERSONNEL: STATE ATTORNEY: Moved-Seconded (Opitz-Douglas) to authorize the advertising of a full time legal secretary I to fill a vacancy. Motion Carried. Mattson and Seward absent.

SHERIFF: Moved-Seconded (Opitz-Weisenberg) to approve Rachell Eggebo as a temporary scan technician at $8.50 an hour effective May 1, 2001. Motion Carried. Mattson and Seward absent.

Moved-Seconded (Opitz-Douglas) to approve Larry Lungren as a part time jailer effective March 7, 2001 at $6.54 an hour for 40 hours of training and then as a Correctional Officer I at $10.22 an hour. Motion Carried. Mattson and Seward absent.

Moved-Seconded (Weisenberg-Douglas) to approve Kim Kulver as a full time Correctional Officer I at the rate of $10.22 an hour effective March 19, 2001. Motion Carried. Mattson and Seward absent.

TRAVEL REQUESTS: AIRPORT: Moved-Seconded (Opitz-Douglas) to approve the travel request for the Airport Board to attend the SD Airport Conference in Rapid City on March 13-15, 2001. Motion Carried. Mattson and Seward absent.

VETERAN SERVICE OFFICE: Moved-Seconded (Weisenberg-Opitz) to approve the travel request for William Locken to attend the VSO Congressional Forum in Rapid City on March 23, 2001. Motion Carried. Mattson and Seward absent.

PLANNING & ZONING: Moved-Seconded (Opitz-Douglas) to approve the travel request for Erik Birk to attend the Rocky Mountain Land Use Institute Conference in Denver on April 19- 20, 2001. Motion Carried. Mattson and Seward absent.

WEED: Moved-Seconded (Opitz-Douglas) to approve the travel request for David Heck to attend the Governor’s Weed Conference on Canada Thistle and Leafy Spurge in Pierre on March 12-14 2001. Motion Carried. Mattson and Seward absent.

Moved-Seconded (Opitz-Douglas) to approve the travel request for David Heck to attend the Supervisor’s Spring Training in April. Motion Carried. Mattson and Seward absent. Douglas will discuss this issue with Heck prior to the travel.

EMERGENCY MANAGEMENT: Moved-Seconded (Opitz-Douglas) to approve the registration fee for Melanie and Jamey Tellefson to attend the Search and Rescue training in Colorado Springs, CO on May 24-27, 2001. Motion Carried. Mattson and Seward absent.

PUBLIC DEFENDER: Moved-Seconded (Opitz-Weisenberg) to approve the travel request for Joel Landeen to attend the National Legal Aid and Defender Association Advocacy Institute in Dayton Ohio on June 1-6, 2001. Motion Carried. Mattson and Seward absent. The Board asked that Landeen provide a report and video for Kosel to provide a report to the Board.

E911: Moved-Seconded (Opitz-Weisenberg) to approve the travel request for Tom Sandvick, Marian Hamilton, Kesha Nelson, Sue Black and Lisa Easter to attend the APCO North Central Regional Conference in Bismarck ND on April 24-27, 2001. Motion Carried. Mattson and Seward absent.

COUNTY ASSISTANCE DA: Moved-Seconded (Opitz-Weisenberg) to deny County Assistance to DA for medical bills for $12,753.33 because 1) Most bills are over one year old, 2) divorce decree stipulates a 3 rd party is responsible for the bills, 3) Indigent by design. Motion Carried. Mattson and Seward absent.

AIRPORT WIND STORM INSURANCE SETTLEMENT: Moved-Seconded (Opitz- Weisenberg) to authorizing the Chairman to sign the Settlement Agreement with St. Paul Insurance Company for damages received at the Airport from the 2000 Wind Storm in the amount of $1,197,211. Motion Carried. Mattson and Seward absent.

BOARD APPOINTMENTS: TIMBER COMMITTEE: Moved-Seconded (Weisenberg-Douglas) to appoint Jerry Jensen to the Timber Committee for a three-year term to expire Jan 2003. Motion Carried. Mattson and Seward absent.

WILDLIFE COMMITTEE: Moved-Seconded (Weisenberg-Opitz) to appoint Ken Lee, Jonathon Cathey, Steve Silvernagel, Jerry Wickstrom and Greg Young to the Wildlife Committee for a three-year term to expire Jan 2003. Motion Carried. Mattson and Seward absent.

ENVIRONMENTAL JOINT COMMITTEE: Moved-Seconded (Weisenberg-Opitz) to appoint Jim Dunn to the Environmental Joint Committee for a three-year term to expire Jan 2003. Motion Carried. Mattson and Seward absent.

HOUSING & REDEVELOPMENT COMMISSION: Moved-Seconded (Opitz-Weisenberg) to appoint Jon Pochop to the Housing and Redevelopment Commission for a five-year term to expire Jan 2005. Motion Carried. Mattson and Seward absent.

NACO/ESRI TECHNOLOGY FOUNDATION GRANT / EQUALIZATION: Moved- Seconded (Opitz-Weisenberg) to authorize the Chairman to sign the letter of support for the NACO/ESRI Technology Foundation Grant for the Equalization Office GIS mapping project. Motion Carried. Mattson and Seward absent.

HIGHWAY BUSINESS: DOT STRIPING AGREEMENT: Moved-Seconded (Weisenberg-Opitz) to authorize the Chairman to sign the P 0002(00) 214 Rapid City Region Non-Bidding County Striping, DOT Agreement; total county share $14,747.29. Motion Carried. Mattson and Seward absent.

USDA FOREST SERVICE PROJECT AGREEMENT 2001-1: Moved-Seconded (Opitz- Weisenberg) to approve the USDA Forest Service Project Agreement 2001-1 regarding cooperation for the purpose of maintaining certain roads. Motion Carried. Mattson and Seward absent.

AUDITOR’S ACCOUNT WITH TREASURER REPORT: Moved-Seconded (Opitz- Weisenberg) To accept the following report as read by the Auditor. Motion Carried. Mattson and Seward absent. Auditor's Account with the County Treasurer: The Auditor's Account with the County Treasurer as of February 28, 2001 showed the following: Total amount of deposits in banks-$8,644,296.86; Total amount of actual cash-$1,000.00; Total amount of Checks and drafts in Treasurer's possession not exceeding three days check deposit in transit)- $43,283.15; Total amount of cash in transit in Treasurer's possession (cash deposit in transit)- $2,962.64; Petty Cash-$1,585.00; Total-$8,693,127.65. (NOTE: petty cash includes: Sheriff- $1,000; Reg.of Deeds-$275; Auditor-$100; Hwy & Planning & Zoning-$50; Equalization-$35.; Public Defender, Gen.Govt.Bldgs and Extension-$25). Total amount of deposits in bank include: CD's-$6,250,000.00; Bank Balance-$2,191,124.73; and GNAM's-$203,172.13.

HALSTEAD / VACATION OF PORTION OF SECTION LINE: Moved-Seconded (Opitz- Douglas) to accept the petitions to vacate a portion of a section line, Legal Description: Vacation of a portion of a section line located between Section 36 of T7N, R1E, and Section 31 of T7N, R2E, traveling from north to south for approximately 685.23 feet through Tract A of the SW1/4NW1/4 & NW1/4SW1/4 of Section 31, T7N, R2E, and the SE1/4NE1/4 & NE1/4SE1/4 of Section 36, T7N, R1E, B.H.M., Lawrence County, South Dakota. LANDOWNER: HALSTEAD, WILLIAM D. TRUSTEE and to set a public hearing for March 27, 2001 at 9:30 a.m.. Motion Carried. Mattson and Seward absent.

ABATEMENTS: MICHAEL A. ARNESS: Moved-Seconded (Opitz-Weisenberg) to approve the abatement for Michael A. Arness on a 1979 mobile home because the trailer moved out of the County in July 2000 and was moved to Butte County. Motion Carried. Mattson and Seward absent.

FLOOD PLAIN VALUATIONS: Darlene Piekkola discussed the current policy of evaluating property within flood plain. Piekkola stated the valuations are handled differently if they are within the jurisdiction of the City of Spearfish or the County. The newly formed Joint Powers Agreement will affect previously valued property. The Board asked Piekkola to discuss the issue further with Erik Birk and Bruce Outka and report back to the Board.

ESTABLISH 911 MAP/ATLAS FEES: Tom Sandvick discussed the charges on the 911 map and atlas. The cost would be 30.00 for the atlas, 1.80 for sales tax and 5.00 for the shipping and handling. The cost would cover 3 updates. Moved-Seconded (Weisenberg-Opitz) To set the fee for the 911 map and atlas at $30.00, $5.00 shipping and handling, plus any applicable sales tax. This fee will include three updates. Motion Carried. Mattson and Seward absent.

FUELS MANAGEMENT PROGRAM: Patrick Gubbins, Bureau of Land Management, discussed a Fuel Management Program and how it would benefit Lawrence County. Gubbins stated this is a community project and would include State, Local, Private and Federal entities. They would like to start a pilot project and actually do some thinning on BLM land and surrounding neighbors this year. They would like to also work on a fuel break. Gubbins stated they currently do not know what the cost of this project would be, they will be letting out a contract for a Request for Proposal and this should dictate how much money they will receive. Gubbins stated they should receive enough money to do the pilot project and all of the environmental assessments and a fuel management plan. The Board asked Gubbins to update that Board on this project in May.

VETERANS ECONOMIC IMPACT REPORT: Bill Locken updated the board with Lawrence County having 2372 Veterans in the county. Lawrence County is 7 th in Veteran Population, 5 th in Compensation and pension, and expenditures, 6 th in readjustment and vocational rehabilitation, and 4 th in insurance and indemnities. Bill Locken encourages any Veterans to come in and apply for earned benefits.

SHERIFF / COP FAST GRANT: Joe Harmon discussed with the board about applying for a Cop Fast Grant which would go towards purchasing mobile computers for the police vehicles. The maximum grant would be $250,000.00 for a department the size of Lawrence County. This grant normally is a 25 to 75 match, but if your community has suffered some financial loss, then they could get up to 100 %. Rick is working on apply for this grant, with the stipulation it would be 100% grant rather then a match grant. The Board asked Harmon to keep them updated.

ASSISTED CARE FACILITY / CUP #243: An annual review was held on CUP#243- Edgar & Aileen Burr- Assisted Care Facility. Moved-Seconded(Weisenberg-Opitz) Conditional Use Permit # 243 was found to be in compliance and will be reviewed on an as needed basis, if complaints should arise, or at the desire of the Board to review. Motion Carried. Mattson and Seward absent.

WHITEWOOD CREEK RANCH VACATIONS / CUP #244: An annual review was held on CUP#244 – Eric Johnson- Whitewood Creek Ranch Vacations. Moved-Seconded (Opitz- Weisenberg) Conditional Use Permit # 244 was found to be in compliance and will be reviewed on an as needed basis, if complaints should arise, or at the desire of the Board to review. Motion Carried. Mattson and Seward absent.

FINAL PLAT / DON KEOUGH: Moved-Seconded (Opitz-Weisenberg) to approve the plat for Don Keough - Plat of Keough Tracts A, B, C, and D, a subdivision of the SE¼SW¼ and the E½E½E½E½E½SW¼SW¼, all located in Section 9, T3N, R5E, B.H.M., Lawrence County, South Dakota (Tract A= ± 25.20 acres, Tract B= ±5.07 acres, Tract C= ±5.04 acres and Tract D= ±6.30 acres) LOCATION: Approximately 2 miles north of Nemo off the Vanocker Road. PRESENT ZONE: PF-Park Forest District. Motion Carried. Mattson and Seward absent.

BED & BREAKFAST ON TINTON ROAD CUP#241: An annual review was held on Cup#241-Madaline Custis- Bed & Breakfast on Tinton Road. Moved-Seconded (Opitz- Weisenberg) Conditional Use Permit # 241 was found to be in compliance and will be reviewed on an as needed basis, if complaints should arise, or at the desire of the Board to review. Motion Carried. Mattson and Seward absent.

FOREST SERVICE ISSUES: Bill Coburn spoke to the board about the cooperating status between the Forest Service and the County on individual projects. They have been denied three times in the past. The state of South Dakota has asked for cooperating status. The State could rely on the county for input and use it as part of their input in any projects that the Forest service does. Coburn stated you have to apply for cooperating status on each project. Mary Flanderka also spoke on the cooperating status.

Douglas asked if the board should send a letter to Governor Janklow encouraging him to seek County input if they receive cooperating status. Coburn thought that would be appropriate, because they really want to be part of this project. Dean Rasmussen spoke on the 25% fund and the new legislation that passed. Rasmussen encouraged the County to research the new legislation to make sure all deadlines are meet and stated the Timber Committee would be willing to serve on any committee’s needed.

FOREST PLAN: Mary Flanderka discussed the Amendment to the Forest Plan. Flanderka provided background on the plan and suggested the Board send a letter to John Twiss, Forest Supervisor; Rick Cables, Regional Forester, Governor Janklow and the Congressional Delegation telling them about any concerns the Board may have on the proposed amendment to the Forest Plan.

Moved-Seconded (Opitz-Weisenberg) to authorize the Chairman to send a letter to Governor Janklow supporting their efforts in gaining cooperating status with the Forest Service and offer our cooperation and let him know we would like to be involved in the process. To authorize the Chairman to send letters to John Twiss, Forest Supervisor; Rick Cables, Regional Forester, Governor Janklow and the Congressional Delegation telling them we are very concerned that the Phase I amendment could create consequences to our Black Hills economy that are not wanted or desirable. Motion Carried. Mattson and Seward absent.

BILLS: Moved-Seconded (Weisenberg-Opitz) to approve payment of the following payroll and authorize the Chairman to sign the following vouchers drawn on the proper funds. Motion Carried. Mattson and Seward absent. Payroll: Comm-$3,029.44; Aud-$3,897.94; Treas-$5,826.74; Comp-$3,832.86; States Atty- $6,813.93; Pub Def-$5,210.11; Gen.Govt.Bldg-$4,032.19; Equal-$7,335.47; Deeds-$4,559.19; Vso-$666.55; Dispatch-$7,366.12; Sher-$22,015.53; Jail-$13,533.78; Emergency Management- $1,274.21; E-911-$899.28; Highway Fund-$22,485.31; Airport-$645.30; Extenen-$853.92; Soil- $437.94; Weed-$1,166.67; Planning & Zoning-$2,127.05; All Of These Bills Were Drawn From The General Fund Unless Otherwise Noted: American Family Life Inc: Various Life- $722.22; Emergency Management Fund-$52.70; Highway Fund-$367.24; Bh Federal Credit Union: Various Pay Ded-$5,869.00; Highway Fund-$1,214.29; Baltimore Life Ins Co: Various Dental-$401.76; Highway Fund-$111.88; Blue Cross: Various Hlth-$21,034.50; Highway Fund- $8,914.00; Various Life-$738.82; Highway Fund-$213.45; Emergency Management Fund- $11.13; Deadwood Recreation Center: Various Pay Ded-$85.00; Dept.Of The Treasury: Various Fit-$8,756.44; Emergency Management Fund-$142.03; E911 Fund-$111.65; Highway Fund- $2,062.57; Various Medi-$2,556.04; Emergency Management Fund-$36.20; E911 Fund-$26.08; Highway Fund-$587.32; Various Oasi-$10,929.70; Emergency Management Fund-$154.72; Emergency Management Fund-$111.52; Highway Fund-$2,511.18; Division Of Motor Veh: Weed Trvl-$12.50; Nh Family Ymca: Various Pay Ded-$424.00; Highway Fund-$52.00; Office Of Child Support: Highway Fund-$284.50; Queen City Medical Center: Jail Salary-$50.00; Sd Retirement System: Various Ret-$20,536.42; Emergency Management Fund-$270.04; E911 Fund-$199.84; Highway Fund-$5,120.56; Sd State Treasurer: Mh Serv-$580.78; Sd Supplemental Retirement: Various Supp Ret-$701.50; Emergency Management Fund-$25.00; Highway Fund-$171.00; State Disbursement Unit/169763: Jail Salary-$60.00; Baloun, Thomas W.: Pub Def Trvl-$34.22; Dias, Gregory K.: Comp Equip-$19.04; Harvey, Jermome F.: Fire Adv-$4.35; Heck,David S.: Weed Trvl-$118.19; Kaiser,Faith S. : Crts Witness-$9.86; Kosel,Joseph M.: Pub Def Trvl-$9.28; Mowell,Richard E.: Jail Bd Pris-$7,794.00; Washburn,Lisa A.: Pub Def Equip-$76.28; A&B Welding Supply Inc: Gen.Govt.Bldg Supp- 16.49; Highway Fund-$251.66; A&J Supply: Highway Fund-$28.74; Abc Business Supply Corp: Various Supp-$371.45; Ag Communications Center: Exten Misc Exp-$29.11; Alco: Treas Supp-$6.98; Altaire Enterprises Inc: Various Util-$50.00; Highway Fund-$40.00; Amcon Distributing: Jail Comm-$211.92; American Legion Post 31: Comm/Lead Hs Govt Day-$50.00; At&T: Highway Fund-$16.61; Avera Sacred Heart Hospital: Mh Serv-$432.40; B H Chemical Company Inc: Highway Fund-$231.73; Gen.Govt.Bldg-$999.05; Bh Elevator Systems Inc: Gen.Govt.Bldg Contracts-$402.04; Bh Medical Ctr Pharmacy Inc: Jail Med-$1,097.05; Ca Meds-$372.34; Bh Pioneer Inc: Various-$1,118.58; Bh Power & Light: Various Util-$462.06; Highway Fund-$1,112.54; Fire Adv-$9.96; Belle Propane Inc: Airport-$465.55; Best Business Prod. Inc.: Deeds-$55.49; Highway Fund-$30.90; Bickle's Truck & Diesel: Highway Fund- $51.63; Bh Oral Surgery Inc: Ca Dental-$140.97; Blackinton, J G Phd: Mh Serv-$96.25; Bob Barker Company, Inc.: Jail Supp-$1,023.39; Buckstop Express Mart Inc: Sher Trvl-$250.37; Butler Machinery Co. Inc: Highway Fund-$1,969.34; Butte Electric Coop., Inc: Weed Util- $56.81; Highway Fund-$340.46; Central Parts: Highway Fund-$692.92; Chemical Sanitizing Sys Ltd Inc: Jail Supp-$86.46; Connectivity Systems Inc: Comp Equip-$526.00; Connelly, Randal E.: Caa-$21,508.57; Conoco: Sher Trvl-$447.70; Correctional Billing Svc: Pub Def Util-$4.36; Crossroads Hotel & Convention: Weed Trvl-$105.00; Culligan Soft Water Serv Inc: Various Supp-$90.00; Cvd Construction Inc: Windstrom-$44,500.00; Airport Snow Removal-$400.00; Dakota Graphics : Crts Casa-$47.50; Dartek Computer Supplies Corp: Comp Supp-$109.94; Days Inn Of Pierre: Weed Trvl-$35.00; Deadwood Gulch Resort Inc: Emergency Management/Sr-$115.82; Deadwood Supply Inc: Highway Fund Supp-$166.64; Gen.Govt.Bldg- $77.95; Deadwood, City Of: Gen.Govt.Bldg Util-$440.40; Highway Fund-$50.75; Deckers Food Inc: Various Supp-$49.65; Dept Of Hlth Lab Services: Jail Blood-$255.00; Ellingson,Joseph E: Caa-$127.60; England, Leslie J. : Comm-Comp Plan Expenses $1,976.67; Executone Of The Bh: Gen.Govt.Bldg Repairs-$3.50; Exhaust Pros: Airport-$67.95; Federal Express Corp.: Sher Supp- $20.95; Fish,Veronica: Various Crt Report-$201.00; Fisher Sand & Gravel Inc: Snow Removal Sand-$3,007.74; Global Computer Supply Inc: Various Supp-$69.01; Golden West Teltech Inc: Sher Util-$37.50; Goody,Mary: Pub Def Prof Serv-$2,575.00; Gummow,Linda Phd: Pub Def Prof Serv-$2,000.00; Havemeier,Leslie : States Atty Pser-$16.20; Heisler Hardware Inc: Highway Fund -$12.36; Herd's Ribbon Reinking: Comp Supp-$88.15; Hoseth Auto Inc: E911 Fund-$11.41; Highway Fund-$48.52; Ibm Corp Sqh: Comp Rep-$149.40; Ikon Office Solutions Inc: Various Supp-$658.94; Infosynthesis Inc: Pub Def Books-$144.00; Insight: States Atty Equip-$799.99; Jacobs Precision Welding: Highway Fund-$58.75; Kb Lloyd Property Management: Ca Rent-$300.00; K Mart: Jail Supp-$259.98; Kadrmas, Lee And Jackson Inc: Airport Cap Imp-$1,753.22; Karpinen, Sharon: Jail Blood-$315.00; Knecht True Value Inc: Airport $32.13; L C Centennial Inc: Various Supp-$72.10; L C Public Health: Nurses March Allotment-$2,208.00; L C Sheriff: Sher Supp & Trvl-$32.93; Lee, James: Gen.Govt.Bldg Contract-$15.00; Lead-Deadwood Sanitary: Highway Fund Util-$13.00; Gen.Govt.Bldg- $169.24; Maintenance Usa (Trade): Gen.Govt.Bldg Supp-$431.16; Matthew Bender & Co. Inc: Pub Def Books-$52.00; Medicap: Ca Meds-$205.49; Minnehaha County Sheriff: States Atty Pser-$14.70; Montana-Dakota Util: Highway Fund Util-$1,942.26; Gen.Govt.Bldg-$8,193.92; Murphy, John R Atty At Law: Caa-$15,628.18; Nh Plaza: Soil Supp&Rent-$285.40; Nat'l 4-H Council-Supply Serv: Exten Misc-$17.70; Nat'l Assoc Of Cons Dist: Soil Supp-$158.36; Nat'l Assoc. Of Criminal: Pub Def Fees-$110.00; National Sheriff's Assoc: Sher Supp-$25.00; Neighbors, Judith Phd: Therapy-$865.00; New View Optical Inc: Exten Misc-$21.00; Niesent, Laura: Jail Blood-$245.00; Norwest Banks: Sher Supp-$48.00; Office Technology/Supply: Equal-$2,153.81; Pitney Bowes, Inc.: Postage-$410.00; Poage, Dottie : States Atty Wit-$750.00 ; Porta Storage Inc.: Windstorm-$115.00; Postmaster, Deadwood: Postage-$3,000.00; Psychological Assoc. : Eval-$1,034.00 ; Qwest: Emergency Management Util-$41.55; Various- $269.11; Quill Corp: Emergency Management Supp-$16.99; Rc Community Health: Jail Blood- $176.25; R C Regional Hospital Inc: Pd Supp-$34.72; Radio Shack: Various Supp-$404.74; Emergency Management Equip-$70.96; Randolph, Scott: Fire Adv Supp Trvl-$490.21; Rasmussen Software Inc: Comp Supp-$25.00; Reausaw, Bernie: Ca Rent-$325.00; Richards,Reed: Caa-$856.60; Robb's Inc: Gen.Govt.Bldg Supp-$55.00; Rocky Mtn Land Use Institute: Planning & Zoning Trvl-$225.00; Reindl, Staci: Caa-$623.32; Sd Dept Of Transportation: Airport Trvl-$240.00; Sd Federal Property Agency: Weed Equip-$10,500.00; Sanito Oil, Inc.: Sher Trvl-$864.51; Highway Fund Supp-$7,382.41; Schmidt, Harlan A.: Air Cap Imp-$359.70; Servall Towel & Linen Inc: Gen.Govt.Bldg Contracts-$165.15; Spearfish Auto Supply Inc: Various Supp-$173.85; Spearfish Motors Inc: Highway Fund-$8.95; Telcomco Communications: Sher Util-$59.75; E-911-$23.90; Texaco, Inc: Sher Trvl-$37.77; Twin City Hardware & Lumber: Gen.Govt.Bldg Supp-$632.72; Twin City Senior Citizens: Yrly Allotment-$1,000.00; U Bid Online Auction: Aud Equip-$349.69; Vannorman, Barbara: Crts Investigator-$1,796.05; Versatile Carpets & Interiors: Gen.Govt.Bldg Repairs-$5,243.17; Viking Office Prod: Various Supp-$551.23; Walmart Store Inc: Various Supp-$55.37; Warne Chemical Inc: Weed Repair&Maint-$333.12; Waste Connections, Inc. : Gen.Govt.Bldg Util-$197.00; Highway Fund-$119.00; Weese, Sarah: Exten Trvl&Supp-261.36; Western Communication Inc: E911-$570.29; Sher Radio-$120.15; Xerox Corporation: Sher Supp-$110.00; Young's Hardware Hank: Gen.Govt.Bldg Supp-$3.19; Porter, Mike: States Atty Pser-$365.37; Jurors & Witness Fee: Olson,R-$237.50; Aspelin,D-$18.70; Brandon,D-$22.18; Brotsky,J-$11.74; Burns,M- $14.06; Chipman,D-$12.32;Deters,G-$11.74;Garrett,R-$18.70;Geist,R-$18.70; Goodson,A- $15.80; Grasser,D-$12.90; Hantke,S-$11.74; Harvey,R-$16.38;Ingersoll,N-$18.12; Laier,O- $21.60;Larson,R-$18.70;Lester,K-$18.70; Mckenzie,P-$11.16;Miles,K-$18.70; Mizera,D- $18.12; Morgan,M-$18.70; Munger,D-$18.70; Nicholas,G-$25.66; Olson,L-$18.70; Pederson,R- $17.54;Pollard,C-$17.54; Powers,B-$10.58; Prim,H-$21.60; Rawling,J-$14.64; Regan,T-$12.32; Rossow,D-$18.70; Sandidge,L-$15.80; Sandvick,S-$18.70; Schmidt,J-$18.70; Schopen,A- $14.64; Stanford,D-$10.58; Stark,V-$23.34; Stott,B-$10.58; Stratton,D-$12.90; Taft,K-$20.44; Thorman,S-$18.70; Williamson,A-$17.54; Carsten,N-$51.74; Garvin,C-$58.70; Hosman,L- $58.70; Massey,M-$58.70; Mehlberg,P-$52.90; Mitchell,G-$50.58; Moe,L-$58.70; Noland- Eaton,D-$60.44;Pabst,D-$64.50; Boppe,G-$19.28; Cooper,D-$15.80; Luscombe,M-$21.60; Prostrollo,D-$24.50; Wiege,R-$14.64; Mcveety,J-$18.70; Cox,R-$49.00; Deux,J-$28.70; Kroger,J-$29.86; Aden,T-$28.70; Bellantino,R-$54.80; Birnbaum,R-$49.00; Boyett,B-$51.90; Brock,J-$57.40; Dvorak,J-$24.35; Gould,M-$28.70; Green,K-$57.40; Groce,J-$20.58; Hall,H- $20.58; Hague,J-$28.70; Kidd,C-$57.40; Kopel,J-$24.35; Mcdonald,S-$21.16; Morris,D-$43.48; Ochse,R-$20.58; Ollila,E-$217.20; Ostwald,T-$28.70; Rogers,A-$21.74; Rogers,H-$24.35; Schmidt,C-$28.70; Smith,C-$28.70; Smith,S-$28.70; Stott,B-$21.74

ADJOURN: 11:45 a.m. - There being no further business it was Moved-Seconded (Opitz- Weisenberg) to adjourn. Motion Carried. Mattson and Seward absent.

______DATE

______CONNIE H. DOUGLAS, Chairman ATTEST:

______CONNIE ATKINSON, Auditor LAWRENCE COUNTY COMMISSIONERS MEETING – MARCH 27, 2001

Chairman Connie H. Douglas called the regular meeting of the Lawrence County Commissioners to order at 8:00 a.m. on March 27, 2001 in the Administrative Annex Building of the Lawrence County Courthouse located at 90 Sherman Street, Deadwood, SD with Commissioners Terry Weisenberg, Barbara Mattson and George Opitz present. James J. Seward was absent.

All motions were passed by unanimous vote unless stated otherwise.

MINUTES: Moved-Seconded (Mattson-Weisenberg) to approve the minutes of March 13, 2001. Motion Carried. Seward absent.

PERSONNEL: STATES ATTORNEY: Moved-Seconded (Weisenberg- Douglas) to reclassify Chris Madsen as a Deputy States Attorney at $40,000.00 a year effective March 5, 2001. Motion Carried. Seward absent.

Moved-Seconded (Opitz-Mattson) to approve Janice Silvernail as a Legal Secretary I at $8.66 an hour, effective April 9, 2001. Motion Carried. Seward absent.

SHERIFF: Moved-Seconded (Opitz-Weisenberg) It is hereby moved that Lawrence County does ratify and approve employment termination of Lawrence County Jailer Julie Lewis effective July 10, 2000. Motion Carried. Seward absent.

Moved-Seconded (Weisenberg-Opitz) to approve Monty Pedersen as a Reserve Deputy at $10.00 an hour, effective March 15, 2001. Motion Carried. Seward absent.

Moved-Seconded (Mattson- Opitz) to approve Loretta Herman as a temporary scan technician at $8.50 an hour with no benefits, effective April 1, 2001. Motion Carried. Seward absent.

Moved-Seconded (Weisenberg-Opitz) to approve Penny Jones as a part time jailer effective March 17, 2001 at $6.56 an hour for 40 hours of training and then a Correctional Officer I at $10.22 and hour. Motion Carried. Seward absent.

EQUALIZATION: Moved-Seconded (Opitz-Mattson) to approve Tammy Otis as a full time clerk effective April 2, 2001 at $8.36 an hour. Motion Carried. Seward absent.

TREASURER: Moved-Seconded (Opitz-Weisenberg) to reclassify Dori Winters as Secretary step 7 at the rate of $10.96 an hour effective April 1, 2001. Motion Carried. Seward absent.

RESERVE DEPUTIES: Moved-Seconded ( Opitz-Mattson) to approve the following list of Sheriff Reserve Deputies: Daniel Donald Kaiser, Dan Larson, Jake Jansevics, Matt Symonds, Travis Lantis, Dave Mendoza, Tammy Harper, Brian E. Baier, and Monty Pedersen. Deadwood Police Department: Dan Deneire, Alex Hamann, Ray Eggleston, Gary Gould, Greg Nelson, Kelly Fuller, Rob Lester, Kip Mau and Paul Hubbeling. Lead Police Department: Steven Palmer, John Wainman Jr., Ken Mertens, Randy Schott and Don Papousek. Spearfish Police Department: Kevin Klunder, Dan Zeigler, Bill Povandra, Curt Jacobs, Boyd Dean, Rob Goodnough, Keith Smith, Ross Johnson, Steve Torgerson, Darin Pedneau, Jason Tydsal and Mark Weber. Butte County Sheriff’s Office: Richard Davis, J.D. Peppmeier, Joe Leveque, Alan Homola and Jerimiah Harmon. Other: Stuart Stotts, Rick Hagerty and Frank Ensor. Motion Carried. Seward- Absent

AIRPORT BOARD: Moved-Seconded (Opitz-Weisenberg) to approve the Maintenance and Financial Agreement #Project No. 3-46-0460-02-2001 between South Dakota Department Of Transportation and Lawrence County. The estimated cost of the County share of the pavement maintenance project is $1,500.00. Motion Carried. Seward absent.

EXECUTIVE SESSION: Moved-Seconded (Opitz-Weisenberg) to have a closed executive session for personal discussion at 8:45 a.m. Moved-Seconded (Opitz-Weisenberg) at 9:05 a.m. to approve the personal policy for the Airport Board. Motion Carried. Seward absent.

TRAVEL REQUESTS: SHERIFF: Moved-Seconded (Weisenberg-Douglas) to approve the travel request for Rick White and Mark Ginsbach to attend the Emergency Medical Dispatch Training in Sioux Falls on April 16-19, 2001. Motion Carried. Seward absent.

EQUALIZATION: Moved-Seconded (Opitz-Douglas) to approve the travel request for Les Struble to attend USPAP- Standards & Ethics Course in Pierre on May 21-23, 2001. Motion Carried. Seward absent.

Moved-Seconded ( Weisenberg-Mattson) to approve the travel for Darlene Piekkola, Les Struble and Jason Writer to attend SDAAO Conference in Yankton on May 8-11, 2001. Motion Carried. Seward absent.

COUNTY ASSISTANCE PY: Moved-Seconded (Mattson-Opitz) to deny County Assistance to PY for medical bills for $2,249.25 because 1) should have been submitted prior to receiving the medical care, 2) notice of hospitalization was not received from the hospital within 15 days, 3) received an income tax refund that would of covered the cost of the hospital bill, 4) Indigent by design. Motion Carried. Seward absent.

HIGHWAY: EMULSIFIED CRACKFILLER: Moved-Seconded (Opitz-Weisenberg) to approve the only bid received from Hills Materials for Emulsified Crackfiller F.O.B. Suppliers Plant Site $169.00 per gallon drum. Emulsified Crackfiller Per Gallon Bulk F.O.B Suppliers Plant Site $1.49 per gallon. Motion Carried. Seward absent.

HOT MIX ASPHALT: Moved-Seconded (Weisenberg- Mattson) to approve the only bid received from Hills Materials for Hot Mix Asphalt, location of Plant is Centennial Quarry $29.90 per ton. Motion Carried. Seward absent.

ASPHALT COLD MIX: Moved-Seconded (Weisenberg-Mattson) to approve the only bid received from Hills Materials for asphalt cold mix for $36.00 per ton. Motion Carried. Seward absent.

MAGNESIUM CHLORIDE: The following bids were received for Magnesium Chloride: Z& S Dust Control: Per ton $67.10 and $25.00 per ton for application and Tom Broadbent: Per ton $69.40 and $75.90 per ton for application. Moved-Seconded (Opitz-Mattson) to approve the bid from Z& S Dust Control. Per ton $67.10 and $25.00 per ton for application. Motion Carried. Seward absent.

CORRUGATED METAL PIPE: Moved-Seconded (Weisenberg-Mattson) to approve the only bid received from Huron Culvert. 12” 16GA $4.67, 15” 16GA $5.90, 18” 16GA $7.01, 24” 16GA $9.36, 30” 14GA $ 14.08.Motion Carried. Seward absent.

GRAVEL SURFACING AGGREGATE: Moved-Seconded (Weisenberg-Opitz) to approve the only bid received from Hills Materials for gravel surfacing aggregate; Aggregate locations Hanson Pit $3.30 per ton, Kost Pit $3.30 per ton, and Centennial Quarry $4.35 per ton. Loading Costs 0.25 per ton. Motion Carried. Seward absent.

DE-ICING SAND: Moved-Seconded (Mattson-Douglas) to approve the only bid received from Fisher Sand & Gravel for de-icing sand, pit location is McQuigan Pit in Spearfish $6.10 per ton. Motion Carried. Seward absent.

MONTHLY FUEL PRICE QUOTATION: HIGHWAY: Moved-Seconded (Weisenberg-Opitz) to approve Sanito Oil Company for regular gasoline price per gallon 1.23 6, No. 2 Diesel fuel price per gallon 1.00 6, Blend Diesel fuel 50/50 price per gallon 1.05 6, Unleaded gasoline 1.236. .Motion Carried. Seward absent.

FOREST RESERVE FUNDS: Pam Brown, USFS Nemo District Ranger, was present to discuss the 25% Funds with the Board. Brown presented a question and answer pamphlet and reviewed the different options available to the County. Brown stated since the County has opted to take the Full Payment Amount, 80-85% can be spent as usual and the remaining 15-20% must be spent in one of the following ways: 1) Title II projects on federal land; 2) Title III on County projects or 3) to return the money to the US Treasury. Resource Advisory Committee’s were discussed and what deadlines exist. Brown stated she will continue to find out the necessary answers for the Board and keep in contact.

SPEARFISH EMERGENCY AMBULANCE SERVICE: Scott Stampe, Spearfish Emergency Ambulance Service, was present to discuss tax exempt status with the Board. Stampe reviewed the current operations of the Ambulance Service and stated they are looking at purchase property and would be requesting tax exempt status. Darlene Piekkola explained the tax exempt statutes. Douglas stated the Board would have to receive legal advice from the States Attorney before any decisions would be made.

ANNEX TELEPHONE SYSTEM: Greg Dias reported on the telephone system in the Annex. Dias stated the cost to install Black Hills Fiber Com will be around $800.00 for Executone to reprogram the telephones in the Annex building and a few offices located in other buildings. Dias explained that the estimated savings over a 3 year period would be around 15,000.00 to 20,000.00. The long distance would be 7.9 cents per minute with Fiber Com and we’re now paying 11 cents. Belle Fourche, Sturgis and Rapid City would be a local call with Fiber Com and this is where the savings would be seen. Dias stated Qwest was not able to match the proposal by B.H. Fiber Com. Dias suggested that the board sign a 3 year contract until they make sure that everything is running okay and then possibly consider a 5 year contract.

Moved-Seconded (Opitz-Douglas) to approve Black Hills Fiber Com as the Counties local and long distance provider and asked Dias to have the States Attorney review any contracts before presented to the Board. Motion Carried.

ABATEMENTS: MICHAEL DENEIRE: Moved-Seconded (Mattson-Douglas) to approve the abatement for Michael DeNeire on parcel #30025-07400-450-00 because of the eligibility for a tax moratorium. Motion Carried. Seward absent.

CITY OF SPEARFISH: Moved-Seconded (Weisenberg-Douglas) to approve the abatement for the City of Spearfish on parcel #32655-01100-250-00 because it was sold to Spearfish. Motion Carried. Seward absent.

HALSTEAD VACATION OF A PORTION OF SECTION LINE: Moved-Seconded (Opitz-Weisenberg) approve the following Resolution #01-10 Resolution & Order Vacating A Portion Of A Section Line for Halstead. Motion Carried. LAWRENCE COUNTY RESOLUTION #01-10 RESOLUTION & ORDER VACATING A PORTION OF A SECTION LINE: WHEREAS , a petition was presented to the Board of County Commissioners of Lawrence County, South Dakota, signed by at least one percent of the ballots cast for the last gubernatorial election in Lawrence County, requesting that a portion of a section line be vacated, and WHEREAS, the Board of County Commissioners set a date for hearing and evidence having been presented to the Board of County Commissioners that notice has been given of the time, place and purpose of said hearing by publication of notice in the B.H. Pioneer times, Lead, South Dakota and Lawrence County Centennial, once each week for two consecutive weeks prior to the date of hearing and WHEREAS, the Board of County Commissioners having acted as a committee of the whole concerning said vacation, and WHEREAS, said section line does not constitute a portion of a South Dakota State Truck Highway System nor the Lawrence County Highway System, now therefore, BE IT RESOLVED by the Lawrence County Board of Commissioners as follows: That the described portion of Section Line be vacated: Legal Description For The Vacating Of A Portion Of Section Line: Vacation of a portion of a section line located between Section 36 of T7N, R1E, and Section 31 of T7N, R2E, traveling from north to south for approximately 685.23 feet through Tract A of the SW1/4NW1/4 & NW1/4SW1/4 of Section 31, T7N, R2E, and the SE1/4NE1/4 & NE1/4SE1/4 of Section 36, T7N, R1E, B.H.M., Lawrence County, South Dakota. LANDOWNER: HALSTEAD, WILLIAM D. TRUSTEE Dated this 27th day of March, 2001. CONNIE H. DOUGLAS, CHAIRMAN Lawrence County Commissioner. ATTEST: CONNIE ATKINSON, Lawrence County Auditor.

CONDITIONAL USE PERMIT #272 – ELKHORN RIDGE CAMPING CENTER (Frawley Ranches, Inc.) A public hearing was held on a Request For Conditional Use Permit #272 – Elkhorn Ridge Camping Center (Frawley Ranches, Inc.) – To allow for a campground. LEGAL: NE¼ of Section 22 lying southwest of Highway 85, located in T6N, R3E, B.H.M., Lawrence County, South Dakota. LOCATION: South of Interstate I-90 Exit 17 Off-Ramp Area and southwest of Highway 85. PRESENT ZONE: A-1 General Agriculture District. Trishia Mutchler, court reporter, was present for the public hearing.

Patrick Wyss gave a presentation on the proposed camping center. A booklet of information on the proposal is on file at the Lawrence County Auditor’s Office. The maximum number of people to be accommodated would be 500 campsites, 50 cabin sites and 100 tent sites at three people per site equals a potential of 1,950 visitors.

Douglas opened the hearing up for public input and various opponents and proponents for the camping center were heard. Concerns against the camping center included the destruction of open space, water contamination, wells, sewage systems, traffic, roads and historical designations.

Comments in support of the camping center included organized development, growth, opportunities, and changes in the economy. Douglas closed the public hearing and the proposed conditions were read. The Board discussed the proposed conditional use permit and stated the Board would make a decision at the end of the meeting.

Moved-Seconded (Weisenberg-Mattson) To follow planning and zoning recommendation and approve Conditional Use Permit #272 – Elkhorn Ridge Camping Center (Frawley Ranches, Inc.) to allow for a campground with the following conditions. Motion Carried. Aye-4, Seward- Absent. ATTACHED CONDITIONS: 1) The owner, operator or agent shall comply with applicable regulations regarding campground and other related activities. 2) The owner, operator or agent shall be required to obtain a South Dakota Sales Tax license. 3) The campground use shall be limited to those activities normally associated with a full service camping complex including on-site camping, recreational vehicle hook-ups, service buildings, overnight cabins, sales offices and retail establishments for campground visitors, recreation facilities including, but not limited to swimming pools, playgrounds, activity courts and trails. 4) Any new construction shall require a building permit(s) from the City of Spearfish and comply with applicable Uniform Building Codes. 5) The owner, operator or agent shall contact the State Health Department for an inspection as required to obtain a State Campground License. 6) All roads, parking areas, and individual campsite parking areas shall be paved. 7) All RV and trailer sites shall have a minimum of water and electricity and a minimum of 50% of the RV sites shall have sewer hook- ups. 8) The campground shall provide centralized bathroom facilities. The campground will have a minimum of 40 restroom stalls, which exceeds the requirement of one stall per fifty campers as required in the temporary campground zoning ordinance in Lawrence County. 9) The campground shall be connected to the mechanical wastewater treatment facility and centralized water. 10) Area shall be landscaped as to be pleasing to the sight. 11) All outdoor fireplaces shall comply with the guidelines as set by the South Dakota Division of Forestry. 12) A minimum of three (3) fire extinguishers and three (3) first aid kits shall be made available to the public at all times. 13) Water quality testing shall be conducted by the operator or agent according to the South Dakota DENR Water Quality Division regulations and found to be safe for public consumption. 14) Two on-premise signs shall be allowed and conform to Section 4.2 of the Lawrence County Zoning Ordinance. 15) Litter containers or trash barrels shall have attached lids and be strategically placed around the area so as to prevent free blowing trash. Trash shall be emptied on a regular basis. 16) All lights used for exterior illumination shall be directed away from any nearby residences and public roads. The lights shall be hooded to diffuse the light for illumination. 17) The owner/operator shall assign one or more persons to remain on the premise at all times and provide security. 18) Any parking pertaining to the operation shall comply with Section 4.1 of the Lawrence County Zoning Ordinance. The parking area shall be located within a designated area. 19) Access from U.S. State Highway #85 shall be approved by the South Dakota Department of Transportation. A copy of the access approval shall be sent to the Lawrence County Planning and Zoning Office. 20) If beer and/or wine are sold on-site, then the owner, operator, or agent shall have an (on-sale) wine and/or malt beverage license(s) after gaining approval by the county. 21) A minimum of three (3) telephones shall be available for emergency use. A list of emergency numbers and sheriff department number shall be placed next to the phones. 22) The entire perimeter of the campground adjacent to existing agricultural land shall be buffered with earth mounding and evergreen plantings. No structures or campsites shall be located closer than forty feet from adjacent agricultural land uses. 23) Playground activities shall be made available in the campground. 24) Any change of property ownership, with the proposed transfer of this subject Conditional Use Permit, shall be reported immediately to the Office of Planning and Zoning. The new owner shall meet with the Lawrence County Commission to review and accept the conditions of this Conditional Use Permit. 25) If there are any change(s) in regard to the proposed campground design, the owner, operator or agent shall contact the Office of Planning and Zoning to schedule a meeting with the Planning Commission for review and approval of the proposed changes. 26) This permit shall be reviewed on an annual basis, or an as-needed basis should complaints arise to assure compliance with the attached conditions, at which time additional conditions may be attached. 27) If any term, condition or regulation stipulated in the Conditional Use Permit, the Lawrence County Zoning Ordinance or applicable state and federal regulations are not fully complied with in all respects, this permit shall be reviewed and be suspended or revoked.

CHANGE OF ZONING #207 – ELKHORN RIDGE BUSINESS PARK (Frawley Ranches, Inc.) A public hearing was held on a Request For Change Of Zoning #207 – Elkhorn Ridge Business Park (Frawley Ranches, Inc.) – To allow for a high-tech industrial park and business park development to occur on the land. LEGAL: The E½NW¼ of Section 15. The W½NE¼ and SE¼NE¼ of Section 15, lying north of the Interstate I-90 right-of-way. The NE¼SW¼ of Section 15, lying north of Interstate I-90 right-of-way. The NW¼SE¼ of Section 15, lying north of Interstate I-90 right-of-way. All located in T6N, R3E, B.H.M., Lawrence County, South Dakota. LOCATION: North of Interstate I-90 and Exit 17 On-ramp area. PRESENT ZONE: A- 1 General Agriculture District. Trishia Mutchler, court reporter, was present for the public hearing.

Patrick Wyss gave a presentation on the Change of Zoning request. A booklet of information on the proposal is on file at the Lawrence County Auditor’s Office.

Douglas opened the hearing up for public input and various opponents and proponents for the Change of Zoning were heard. Concerns against the change of zoning included the destruction of open space, loss of agricultural land, water contamination, wells, sewage systems, traffic, roads, minimum wage jobs, destruction of landscape, strip zoning, election held in 2000 and historical designations.

Comments for the Change of Zoning included organized development, growth, opportunities, increased jobs, and changes in the economy. Douglas closed the public hearing and the Board discussed the proposed Change of Zoning.

Moved-Seconded (Mattson-Douglas) To follow planning and zoning recommendation and approve the Change Of Zoning #207 – Elkhorn Ridge Business Park (Frawley Ranches, Inc.) (87 acres) to allow for a high-tech industrial park and business park development to occur on the land. Motion Carried. Aye-4, Seward-Absent.

COZ NO. 207: An Ordinance Amending Lawrence County Zoning Ordinance Number One and Approving Change of Zoning #207 from A-1 General Agriculture District to C/LI - Commercial/Light Industrial District to Allow for a High-Tech Industrial Park and Business Park Development to occur on the land Pursuant to a Petition of Elkhorn Ridge Business Park (Frawley Ranches, Inc.) for a Change of Zoning of a tract of land located in Lawrence County, South Dakota and pursuant to notice thereof having been given by publication of such as required by law, and pursuant to notice having been given to adjacent landowners by certified mail as required by law, and pursuant to the favorable recommendation of the Lawrence County Planning Commission. BE IT ORDAINED: By Lawrence County, South Dakota, that the boundaries of A-I General Agriculture District as established by the Lawrence County Zoning Ordinance One, be amended so as to remove the following described real property, to- wit: The E½NW¼ of Section 15. The W½NE¼ and SE¼NE¼ of Section 15, lying north of the Interstate I-90 right-of-way. The NE¼SW¼ of Section 15, lying north of Interstate I-90 right-of- way. The NW¼SE¼ of Section 15, lying north of Interstate I-90 right-of-way. All located in T6N, R3E, B.H.M., Lawrence County, South Dakota. from the A-1 - General Agriculture District and include it in the C/LI - Commercial/ Light Industrial District. This amendment will become effective on the twentieth (20th) day following publication. CONNIE H. DOUGLAS, Lawrence County Commission Chairperson; BRUCE OUTKA, Deputy States Attorney; ATTEST: CONNIE ATKINSON, Lawrence County Auditor

BILLS: Moved-Seconded (Opitz-Weisenberg) to approve payment of the following payroll and authorize the Chairman to sign the following vouchers drawn on the proper funds. Motion Carried. Seward absent. Payroll: Comm-$3,029.44; Aud-$4,654.53; Treas-$6,751.94; Comp-$4,245.02; States Atty- $8,431.80; Pub Def-$5,602.44; Gen.Govt.Bldg-$4,745.97; Equal-$8,343.28; Deeds-$5,248.63; Vso-

$666.55; Dispatch-$6,871.88; Sher-$21,520.03; Jail-$13,756.56; Emergency Management Fund- $1,426.21; E911 Fund-$1,099.12; Highway Fund-$27,384.48; Airport-$788.71; Exten- $1,043.68; Soil-$486.60; Weed-$1,172.17; Planning & Zoning-$2,283.37; All Of These Bills Were Drawn From The General Fund Unless Otherwise Noted: Amoco Oil Co: Sher Trvl- $206.29; At&T: Weed Util-$34.45; Avaya, Inc.: Highway Fund Util-$29.70; Bh Federal Credit Union: Various Pay Ded-$5,899.00; Highway Fund-1,214.29; Bh Power & Light, Rapid: Highway Fund Util-$109.33; Baltimore Life Ins Co: Various Dental-$450.92; Highway Fund- $111.88; Cellular One: Equal Util-$32.51; Emergency Management Fund-$42.69; Dept.Of The Treasury: Various Medi-$2,733.94; Highway Fund-$729.44; E911 Fund-$31.88; Emergency Management Fund-$40.60; Various Fit-$9,561.68; Highway Fund-$2,773.44; E911 Fund- $140.12; Emergency Management Fund-$163.69; Various Oasi-$11,689.90; Highway Fund- $3,118.72; E911 Fund-$136.30; Emergency Management Fund-173.58; Office Of Child Support: Highway Fund-$284.50; Pennington County Sheriff: Treas Adv-$25.00; Queen City Medical Center: Jail Salary-$50.00; Qwest: Various Util-$3,202.84; Highway Fund-$207.13; Emergency Management Fund-$151.58; Sd Supplemental Retirement: Various Supp Ret- $691.50; Highway Fund-$171.00; Emergency Management Fund-$25.00; State Disbursement Unit/169763: Jail Salary-$60.00; Unemployment Insurance: Ins & Bond-$18.10; Verizon Wireless Inc: Various Util-$380.94; Worldcomm Mci Inc: Sher Util-$375.84; Baloun,Thomas W.: Pub Def Trvl-$52.96; Dias,Gregory K.: Comp Supp-$10.34; 3com Corporation – Parts: Various Supp-$17.00; Abc Business Supply Corp: Various Supp-$127.96; Active Data Systems, Inc: Various Supp-$2,594.72; Amcon Distributing: Jail Comm-$161.97; Bh Pioneer Inc: Aud Supp-$90.00; States Atty\Pser Publication-$26.44; Bh Power & Light, Rapid: Various Util- $5,032.41; Highway Fund Util-$100.43; Baker,Ginger: Jail Blood-$175.00; Big Als Steak House: Juror Meals-$57.55; Binder,Tracy: Various Crt Report-$484.80; Bouchie,Debbie: Pub Def Supp-$12.88; Butte-Lawrence Co. Fair: Yrly Allotment-$10,000.00; Cardinal Printing: Sher Supp-$33.60; Cellmark Diagnostics Inc: States Atty Pser-$16,120.00; Chris Supply Co. Inc.: Comp Supp-$19.90; Compaq Computer Corp: Jail Supp-$2,401.00; Corral West: Jail Supp- $24.95; Crellin,James T.: Crts Juror-$11.74; Dartek Computer Supplies Corp: Various Supp- $243.90; Datamaxx: Sher Comp-$1,484.50; Dept Of Hlth Lab Services: States Atty Wit- $350.00; Dietrich,Donna K.: Mh Serv-$55.69; Division Of Motor Veh: Sher Trvl-$32.00; Domestic Crisis Outreach: Domestic Abuse Fund-$491.25; Election Sys & Software Inc: Election Ballots-$105.31; Family Medical Center: Sher Cr-$129.00; Fish,Veronica: Various Crt Report-$153.00; Gene's Lock Shop Inc: Gen.Govt.Bldg Repairs-$139.48; Golay,Bob: Air Trvl- $142.40; Hoem,Jean M. M.S.: Crts Therapy-$900.00; Ikon Office Solutions Inc: Various Supp- $729.96; Insight: States Atty Equip-$899.99; Jensen, Karl: Soil Trvl-$46.00; K Mart 3893: Sher Supp-$39.36; Lc Auditor-Petty Cash: Various Supp-$75.80; Lc Centennial Inc: Various Supp & Adv-$846.31; Lc Sheriff Petty Cash-$182.58; Lead, City Of: Equal/Mapp-$855.00; Lee,James: Gen.Govt.Bldg Contracts: $15.00: Lewis & Clark Bhs: Mh Ser-$110.00; Lightning Powder Co Inc: Jail Supp-$145.00; Lost Cabin Constructors Inc: Air Cap Imp-$15,957.00; Lost Cabin Constructors & R&M Steel Co: Air Cap Imp-$59,365.00; Mailworks Plus: Sher Supp-$16.92; Manlove Psychiatric Group: Mh Serv-$391.00; Meade County Sheriff: States Atty\Pser-$8.70; Medical Priority Consult Inc: E911 Emd Course-$550.00; Montana-Dakota Util. Dwd.: Highway Fund Util-$248.98: Mutchler,Tricia L.: States Atty\Pser-$235.65; Muth Electric Inc: Air Util- $159.18; N D Chapter Of Apco: E911 Reg Conf-$860.00; Nh Drug Task Force: Sher Supp- $624.48; Nh General Hospital: Yrly Allot New Horizon-$9,500.00; Njs Engineering Inc: Highway Fund-$2,511.20; Nassau/Rockmount: Highway Fund-$263.39; Nat'l Assoc Of Cons Dist: Soil Membership-$725.00; Nlada: Pub Def/Staff Training-$655.00; Office Max #511: Emergency Management Of Supp-$29.61; Pamida: Jail Med-$82.90; Pennington Co. Jail: Mh Serv& Sher Trvl-$1,250.09; Phillips Petroleum Co. Inc: Sher Trvl-$28.91; Pitney Bowes, Inc.: Postage-$575.10; Pizza Hut Inc: Crts Juror Meals: $246.33; Postmaster, Deadwood: Jail Supp- $136.00; Queen City Rocket Lube: Sher Trvl-$126.53; E911 Fund-$22.45; Qwest: Highway Fund Util-$44.56; Comp Util-$48.00; Rc Regional Hospital Inc: Pub Def Supp-$87.68; Mh Serv-$2,492.06; Rand's Photo: Various Photos-$179.63; Rbm's Essentials: Comp Supp-$40.00; Reliable Inc: Various Supp-$226.77; Sd Municipal League: Ins & Bonds-$1,912.00; S D Aao: Equal Trvl-$60.00; S D Aao Inc: Equal Trvl-$195.00; Sd Continuing Legal Education: Pub Def Books-$150.00; Sd Dept Of Transportation: Hwy Brdg Res-$1,092.99; Sd Public Assur Alliance: Ins & Bonds-$532.00; Safety Benefits Inc.: Comm Empl Safety Training-$200.00; Sanders County Sher Office: States Atty Pser-$40.00; Schmidt, Harlan A.: Air Cap Imp-$300.00; Servall Towel & Linen,Inc: Gen.Govt.Bldg Contracts-$165.15; Silverado Inc: Crts Juror Meals- $242.90; Stadler Ind Service: Air Veh Maint-$43.75; Tigerdirect: Comp Supp-$158.35; Tridle, John M: Law Lib-$100.00; Victims Of Violence: Domestic Abuse Fund-$491.25; Walmart Store Inc: Various Supp-$65.31; West Group: Law Lib-$1,154.00; Western Sd Juvenile Serv: Juv Detention-$4,503.60; Wolff's Plumbing Inc : Gen.Govt.Bldg Repairs-$55,800.00; Worldcomm Mci Inc: Various Util-$432.79; Highway Fund-$33.82; Jurors & Witness Fee: Bravek,C- $58.70;

Bunney,M-$61.60; Cooch,E-$58.70; Custis,D-$59.86; Macdonald,M-$58.70; Redinger,P- $61.60; Storbeck,T-58.70; Whitaker,R-$61.60; Zandri,W-$51.74; Carr,T-$58.70; Carter,J- $15.80 ; Cox,D-$56.96; Crisp,D-$21.60; Dean,B-$16.96; Dunn,E-$11.74; Erdahl,D-$17.54; Fiester,J- $51.16; Glatt,A-$17.54; Goodrich,K-$15.80;Holben,D-$64.50;Holso,R-$16.96; Hopkins,L-$19.86; Hoskins,D-$63.34; Jensen,L-$59.28; Kimbell,B-$18.70; Krogstad,D-$18.70; Kruse,L-$12.90;Ludens,T-$21.60; Lyons,D-$58.70 ; Marx,R-$12.32; Nattress,L-$11.74; Oehlerking,N-$18.70; Powers,C-$30.30; Staab,A-$16.96; Straub,M-$51.16; Suiter,D-$58.70; Surrell,J-$58.70; Tefertiller,G-$16.96; Torgerson,S-$18.70; Turner,L-$21.60; Vandevelde,A- 11.74;Vanvactor,J-$58.70; Way,G-$51.16

ADJOURN: 4:22 p.m. - There being no further business it was Moved-Seconded (Opitz- Weisenberg) to adjourn. Motion Carried. Seward absent.

______DATE

______CONNIE H. DOUGLAS, Chairman ATTEST:

______CONNIE ATKINSON, Auditor LAWRENCE COUNTY COMMISSIONERS MEETING – APRIL 3, 2001

Chairman Connie H. Douglas called the regular meeting of the Lawrence County Commissioners to order at 8:30 a.m. on April 3, 2001 in the Administrative Annex Building of the Lawrence County Courthouse located at 90 Sherman Street, Deadwood, SD with Commissioners James J. Seward, Terry Weisenberg and Barbara Mattson present. George Opitz was absent.

All motions were passed by unanimous vote unless stated otherwise.

MINUTES: Moved-Seconded (Weisenberg-Douglas) to approve the minutes of March 27, 2001. Motion Carried. Opitz absent.

PERSONNEL: WEED: Moved-Seconded (Weisenberg-Seward) to approve the advertising for the following seasonal employees for the Weed Department: three Weed Sprayer/Operators, one GPS/GIS Technician and one temporary part-time Accounting Clerk. Motion Carried. Opitz absent.

SHERIFF: Moved-Seconded (Weisenberg-Mattson) to approve Janet Turbeville as a part-time Dispatcher I at 9.38 an hour effective April 9, 2001. Motion Carried. Opitz absent.

Moved-Seconded (Seward-Douglas) to approve Mike Apland as a Reserve Deputy at $10.00 an hour to serve from May 2, 2001 through the length of the upcoming trial. Motion Carried. Opitz absent.

Moved-Seconded (Weisenberg-Mattson) to allow employees to donate leave to Debbie Duncan. Motion Carried. Opitz absent.

TRAVEL REQUESTS: AUDITOR/TREASURER/REGISTER DEEDS: Moved-Seconded (Seward-Mattson) to approve the travel request for Connie Atkinson, Brenda McGruder, Deb Tridle, Carol Sjomeling and Judy Meverden to attend the Spring and Summer Workshop in Pierre, SD on May 8-10, 2001. Motion Carried. Opitz absent.

COMMISSION: Moved-Seconded (Seward-Weisenberg) to approve travel to the Spring and Summer Workshop for any interested Commissioners and the Commission Assistant. Motion Carried. Opitz absent.

SHERIFF: Moved-Seconded (Weisenberg-Seward) to approve the travel request for Paul Hansen to attend the Homicide Investigators School in Gillette WY on May 7-11, 2001. Motion Carried. Opitz absent.

Moved-Seconded (Seward-Mattson) to approve the travel request for Joe Harmon and Dona Nowell to attend the Northwest Regional Transport and Warrants Conference in West Yellowstone MT on September 16-19, 2001. Motion Carried. Opitz absent.

ANNEX TELEPHONE SYSTEM: Moved-Seconded (Mattson-Weisenberg) to authorize the Chairman to sign the contracts with Black Hills Fiber Com as the Counties local and long distance provider. Motion Carried. Opitz absent.

LATCHSTRING VILLAGE / ALOCHOLIC BEVERAGE TRANSFERS: A public hearing was held on the requests for transfers of Alcoholic Beverage Licenses. Moved-Seconded (Seward-Weisenberg) to approve the following transfers. Motion Carried. Opitz absent. RETAIL (ON-OFF SALE) MALT BEVERAGE / PREVIOUS LICENSE: LESSEE JAMES & CAROL KLANCNIK (LATCHSTRING RESTAURANT) NEW LICENSE: SPEARFISH CANYON RESORTS LLC, (LATCHSTRING VILLAGE) P.O. Box 705, Spearfish SD 57783. Legal description: Lot Ab-1, a subdivision of Latchstring Village Lot Ab of the Cascade Placer, M.S. in the W1/2 of Section 31, T5N, R2E, and the E1/2 of Section 36, T5N, R1E, B.H.M., Lawrence County, SD. RETAIL (ON SALE) WINE / PREVIOUS LICENSE: JAMES & CAROL KLANCNIK, (Latchstring Restaurant) Spearfish Canyon. NEW LICENSE: SPEARFISH CANYON RESORTS LLC, (LATCHSTRING VILLAGE) P.O. Box 705, Spearfish SD 57783. Legal description: Lot Ab-1, a subdivision of Latchstring Village Lot Ab of the Cascade Placer, M.S. in the W1/2 of Section 31, T5N, R2E, and the E1/2 of Section 36, T5N, R1E, B.H.M., Lawrence County, SD.

EXTENSION SERVICES: Ida Marie Snorteland and Sarah Weese were present to update the Board on Extension Services for the year 2000 and discuss future services for 2001. The “Putting Youth Back Into Sports” Program, 4H programs and the County Fair were discussed.

Moved-Seconded (Seward-Mattson) to authorize the Chair to sign the Memorandum of Understanding between the Cooperative Extension Service and Lawrence County. Motion Carried. Opitz absent.

ROAD & BRIDGE SUPPLEMENTAL BUDGET: Moved-Seconded (Seward-Weisenberg) to approve the supplemental budget hearing for the Road & Bridge Fund – Highway & Bridge Reserve for $405,250 for April 24, 2001 at 8:45 a.m. Motion Carried. Opitz absent.

AUDITOR’S ACCOUNT WITH TREASURER REPORT: Moved-Seconded (Seward- Weisenberg) To accept the following report as read by the Auditor. Motion Carried. Opitz absent. Auditor's Account with the County Treasurer: The Auditor's Account with the County Treasurer as of March 31, 2001 showed the following: Total amount of deposits in banks-$9,530,330.71; Total amount of actual cash-$1,000.00; Total amount of Checks and drafts in Treasurer's possession not exceeding three days check deposit in transit)-$51,532.23; Total amount of cash in transit in Treasurer's possession (cash deposit in transit)-$5,615.62; Petty Cash-$1,585.00; Total-$9,590,063.56. (NOTE: petty cash includes: Sheriff-$1,000; Reg.of Deeds-$275; Auditor-$100; Hwy & Planning & Zoning-$50; Equalization-$35.; Public Defender, Gen.Govt.Bldgs and Extension-$25). Total amount of deposits in bank include: CD's- $6,250,000.00; Bank Balance-$3,098,944.58; and GNAM's-$181,386.13.

SEVEN DOWN ARENA / CUP #240: Will Lantis, Wendy Lantis and Jason Grubb were present to discuss the Seven Down Arena / Ingodwe Trust Conditional Use Permit #240. Moved- Seconded (Seward-Weisenberg) to approve the changes to the following conditions. Motion Carried. Opitz absent.

Changed: The owner, operator, or agent shall contact the Lawrence County Office of Planning and Zoning at least ten (10) days prior to holding the concert at the facility.

Added: Any activities or events not covered in this conditional use permit will be approved by the County Commission.

Deleted: If complaint(s) should arise, the Lawrence County Office of Planning and Zoning, the operator and/or agent and the complainant shall meet, review the complaint(s) and come to some agreeable solution to resolve such complaint(s).

Deleted & will be reviewed in one year: The cost of the mag chloride of Centennial Road will be split between the Lawrence County Highway Department and the Ingodwe Trust or their agent for one year in the control of the dust. The county may use a counter to check the traffic count on the road. This condition will be reviewed in one year by the Lawrence County Commissioners to reevaluate the care and maintenance of Centennial Road.

Lantis discussed the possibility of holding a Western Festival July 6-8, 2001. A concert, vendors and other events are being planned. Lantis questioned if the vendors would be allowed to stay on the property to oversee their stands. The Board stated the vendors would be allowed to stay overnight on the property.

BILLS: Moved-Seconded (Weisenberg-Seward) to approve payment and authorize the Chairman to sign the following vouchers drawn on the proper funds. Motion Carried. Opitz absent.

ALL OF THESE BILLS WERE DRAWN FROM THE GENERAL FUND UNLESS OTHERWISE NOTED: DAKOTA TRAVEL INC: PUB DEF STAFF TRAINING-$387.00; HECK, DAVID S: WEED TRVL-$57.00; MOWELL, RICHARD E: JAIL BD OF PRISONERS-$8,415.00; ABC BUSINESS SUPPLY CORP: VARIOUS SUPP-$34.85; AG COMMUNICATIONS CENTER: EXTEN MISC-$9.07; AT&T: HIGHWAY FUND UTIL- $19.93; BH CHEMICAL COMPANY INC: GEN.GOVT.BLDG SUPP-$4,340.95; BH ELEVATOR SYSTEMS INC: GEN.GOVT.BLDG CONTRACTS-$402.04; BH POWER & LIGHT, RAPID: VARIOUS UTIL-$155.76; HIGHWAY FUND-$1,123.28; EMERGENCY MANAGEMENT FUND-$19.03; FIRE ADV FUND-$8.77; BEST BUSINESS PROD. INC.: HIGHWAY FUND-$30.90; BEST WESTERN KINGS INN: WEED TRVL-$52.00; BEST WESTERN RAMKOTA INN: TREAS TRVL-$63.00; BURRLY'S LUBE: E911-$162.42; BUSINESS AVIATION INC: AIRPORT REPAIR-$403.60; BUTTE ELECTRIC COOP., INC: WEED UTIL-$15.00; CELLULAR ONE: EQUAL UTIL-$28.06; EMERGENCY MANAGEMENT FUND-$42.09; CENTRAL PARTS: GEN.GOVT.BLDG REPAIRS-$199.98; CHEMSEARCH INC: GEN.GOVT.BLDG SUPP-$351.52; CHRISTENSEN LAW OFFICE: CAA-$502.50; CLINICAL LAB OF B.H. INC: CORONER PROF SER- $2,094.40; COMMUNITY HEALTH SERVICES: COMM-$90.00; CULLIGAN SOFT WATER SERV INC: GEN.GOVT.BLDG CONTRACTS-$85.00; CVD CONSTRUCTION INC: AIRPORT MISC-$1,064.56; DAKOTA LASER TECH: EXTEN SUPP-$268.00; DEADWOOD LUMBER COMPANY LLC: GEN.GOVT.BLDG REPAIRS-$2.60; DEADWOOD SUPPLY INC: GEN.GOVT.BLDG SUPP-$120.44; DEADWOOD, CITY OF: GEN.GOVT.BLDG UTIL-$391.95; DEPT OF HLTH LAB SERVICES: JAIL BLOOD-$420.00; DIETRICH, DONNA K.: MH SERV-$55.69; ELECTION SYS & SOFTWARE INC: ELECTION BALLOTS-$1,110.56; ELLINGSON,JOSEPH E: CAA-$307.21; HARMELINK & FOX LAW OFF: MH SERV CAA-$102.10; HERD'S RIBBON REINKING: VARIOUS SUPP-$182.07; HICKS, TERRY, MD: MH SERV-$175.00; HOGGATT, RALPH: CAA-$655.80; HONEYWELL INC: GEN.GOVT.BLDG REPAIRS-$572.56; INSIGHT: VARIOUS EQUIP-$1,789.98; JOHN'S WELDING: HIGHWAY FUND-$80.00; KOALA ELECTRIC INC: GEN.GOVT.BLDG REPAIRS-$846.54; LC SHERIFF: SHER TRVL-$388.51; LEAD-DEADWOOD SANITARY: GEN.GOVT.BLDG UTIL-$145.68; HIGHWAY FUND-$13.00; MATTHEW BENDER & CO. INC: PUB DEF BOOKS-$52.00; MAY,JOHNSON,DOYLE& BECKER INC: CAA-$686.02; MEADE COUNTY SHERIFF: STATES ATTY PSER-$12.30; MID-CONTINENT TESTING INC: HIGHWAY FUND SUPP-$700.00; MONTANA-DAKOTA UTIL. DWD.: VARIOUS UTIL-$6,911.43; HIGHWAY FUND-$424.17; NEVE'S UNIFORMS INC: JAIL SUPP-$134.04; PENNINGTON COUNTY STS.ATTNY: MH SERV-$200.00; PITNEY BOWES, INC.: EXTEN SUPP-$107.70; POPE & TALBOT INC: SNOW REMOVE-$364.00; RASMUSSEN SOFTWARE INC: STATES ATTY EQUIP-$25.00; SD FEDERAL PROPERTY AGENCY: SHER SUPP-$9.00; SD WEED SUPERVISORS ASSOC: WEED SUPP-$55.00; SALZSIEDER,MILAN: EXTEN RENT-$3,435.00; SAND CREEK PRINTING INC: EXTEN MISC-$95.00; SANITO OIL, INC: HIGHWAY FUND SUPP-$779.19; SCHMIT, ANGELA: JAIL BLOOD-$140.00; SPEARFISH AUTO SUPPLY INC: HIGHWAY FUND SUPP- $613.37; SHER TRVL-$13.11; SPEARFISH EXTINGUISHER SERVICE: EXTEN MISC-$12.00; SUPERIOR LAMP AND SUPPLY INC: GEN.GOVT.BLDG SUPP-$319.89; SYSTEMS MANAGEMENT INC: AIRPORT REPAIRS-$1,274.00; TELCOMCO COMMUNICATIONS: E911-$23.90; VARIOUS SUPP-$2,787.75; TEXACO, INC: SHER TRVL-$74.28; TIGERDIRECT: COMP EQUIP-$39.71; TWIN CITY HARDWARE & LUMBER IN: EMERGENCY MANAGEMENT FUND-$7.18; HIGHWAY FUND-$38.91; GEN.GOVT.BLDG SUPP-$1,200.39; UNITED IMAGING SUPPLY: SHER SUPP-$518.90; WALMART STORE INC: VARIOUS SUPP-$74.94; WESTERN COMMUNICATION INC: DISP SUPP-$56.40; HIGHWAY FUND-$294.10; EMERGENCY MANAGEMENT FUND-$19,200.00; YOUNG'S HARDWARE HANK: GEN.GOVT.BLDG SUPP-$14.20; KYTE, MICHAEL: FIRE ADV SUPP-$42.40

ADJOURN: 10:40 a.m. - There being no further business it was Moved-Seconded (Weisenberg-Douglas) to adjourn. Motion Carried. Opitz absent.

______DATE

______CONNIE H. DOUGLAS, Chair ATTEST:

______CONNIE ATKINSON, Auditor LAWRENCE COUNTY BOARD OF EQUALIZATION – APRIL 10, 2001

The Lawrence County Board of Equalization was called to order at 8:00 a.m. on Tuesday, April 10, 2001, with the following members present: Connie Douglas, Barb Mattson, Terry Weisenberg and George Opitz. Jim Seward was absent. The 2001 Board of Equalization oath was signed.

All motions were passed by unanimous vote unless stated otherwise.

COUNTY APPEALS: #0001 DEWEY, THOMAS O & JEANNA M: 18500-00504-143-02 STORY LANE S/D SE 1/4 14-LOT 2 BLK 3. Moved-Seconded (Opitz-Weisenberg) No change in land value. No change in structure value. Motion Carried. Absent: Seward. Remarks: Based on reappraisal.

#0002 RACHETTO, JERRY & JOAN : 17000-00503-240-40 T-005 R-03 TRACT A OF LOT 2. Moved-Seconded (Opitz-Weisenberg) No change in land value. Change structure value from $84,310 to $79,300. Motion Carried. Abstain: Mattson. Absent: Seward. Remarks: Allow greater depreciation because of basement condition.

#0003 DAVIES, MICHAEL L & SUSAN A : 22000-00604-353-20 T-006 R-04 SE1/4 SW1/4. Moved-Seconded (Opitz-Mattson) Change land value from NA-C $37,000 to AG-A $1,740. Motion Carried. Absent: Seward. Remarks: Changed to Ag A class - contiguous with other Davies ag parcels and used for ag purposes.

#0004 STEINER, KENNETH F. & LUJEAN A : 08000-00303-202-18 T-003 R-03 TR 2 OF BUSKALA S/D OF NE1/4 NW1/4. Moved-Seconded (Opitz-Douglas) No change in land value. No change in structure value. Motion Carried. Absent: Seward. Remarks: Assessment fair and equal with neighborhood and comparables.

#0005 EVANS, ROBERT JAMES : 11000-00401-050-00 T-004 R-01 LOT R OF HES 154. Moved-Seconded (Opitz-Douglas) Change land value from NA-C $41,990 to AG-A $4,690. No change in structure value. Motion Carried. Absent: Seward. Remarks: Changed to Ag. Life estate was filed putting property into ranch operation ownership.

#0006 EVANS, SCOTT ALLEN : 11000-00401-070-00 T-004 R-01 LOT S OF HES 154. Moved-Seconded (Opitz-Weisenberg) Change land value from NA-C $28,530 to AG-A $3,130. Motion Carried. Absent: Seward. Remarks: Changed to Ag. Life estate filed putting property into ranch operation ownership.

#0007 EVANS, MICHAEL JOHN : 11000-00401-060-00 T-004 R-01 LOT M OF HES 154. Moved-Seconded (Opitz-Weisenberg) Change land value from NA-C $33,940 to AG-A $4,010. Motion Carried. Absent: Seward. Remarks: Changed to Ag. Life estate filed putting property into ranch operation ownership.

#0008 ANDERSEN, BOBBY : 22000-00604-363-45 T-006 R-04 MOBILE HOME ON LEASED SITE LOT 3 NELLIE TERRILL RANCHETTES. Moved-Seconded (Douglas-Opitz) Change structure value from $43,740 to $39,090. Motion Carried. Absent: Seward. Remarks: Lowered to allow greater depreciation based upon field inspection.

#0009 ANDERSON, KENNETH D. & JILL D. CD FROM RUSSELL HUSBAND ETUX: 26999-00001-000-48 BLDGS. ON LEASED GROUND 24-4-3 USFS LAND TOMAHAWK LOT A (CD FROM HUSBAND TO OLSON). Moved-Seconded (Opitz-Mattson) Change structure value from $37,330 to $31,080. Motion Carried. Absent: Seward. Remarks: Allow for greater depreciation and correction of square footage.

#0010 BECHEN, ANN: 22000-00604-162-40 T-006 R-04 LOT 2 OF T & M S/D NW1/4. Moved-Seconded (Opitz-Weisenberg) No change in land value. Change mobile home structure value from $23,550 to $21,490. Change pole barns structure value from $10,910 to $280. Motion Carried. Absent: Seward. Remarks: Reduced value of buildings to allow for storm damage.

#0011 SAURMAN, HARRY T C/O GRAY, DANIEL LEE(CD): 26580-01356-000-40 MINERAL 1299 THRU 1398 M.S. 1356 LOT 3 OF TAMARACK #4. Moved-Seconded (Douglas-Opitz) Change land value from $10,900 to $0. Motion Carried. Absent: Seward. Remarks: Combined with parcel 26580-01356-000-41. #0012 SAURMAN, HARRY T C/O GRAY, DANIEL LEE(CD): 26580-01356-000-41 MINERAL 1299 THRU 1398 M.S. 1356 LOTS 1, 2, 3, 4 & 5 OF TAMARACK #4. Moved- Seconded (Opitz-Mattson) Change land value from $27,050 to $31,950. No change in structure value. Motion Carried. Absent: Seward. Remarks: Added Lot 3 - Parcel 26580-01356-000-40 to this parcel.

#0013 QUASCHNICK, TIMOTHY D & KIMBERLY CRACCO, MICHAEL J & VALERIE E : 26880-02023-000-00 MINERAL 1995 THRU 2079 M.S. 2023 DEADBROKE & SNOW LODES (QUASCHNICK HOUSE). Moved-Seconded (Weisenberg-Douglas) Change land value from $26,970 to $24,420. Change structure value from $18,690 to $16,780. Motion Carried. Absent: Seward. Remarks: Based upon field inspection, value of house and sheds reduced. Land in remote area. #0014 QUASCHNICK, TIMOTHY D & KIMBERLY L : 26880-02023-000-01 MINERAL 1995 THRU 2079 M.S. 2023 PT DEADBROKE & PT SNOW. Moved-Seconded (Opitz- Douglas) Change structure value from $51,200 to $48,560. Motion Carried. Absent: Seward. Remarks: Depreciation updated.

#0015 ROBERTS, P L & ANN M: 18190-00504-050-00 ASPEN VIEW S/D LOT 5. Moved- Seconded (Weisenberg-Mattson) Change land value from $24,640 to $28,390. No change in structure value. Motion Carried. Absent: Seward. Remarks: Added Lot 4 - Parcel 18190-00504- 040-00 to this parcel. #0016 ROBERTS, P L & ANN M : 18190-00504-040-00 ASPEN VIEW S/D LOT 4. Moved- Seconded (Douglas-Mattson) Change land value from $24,000 to $0. Motion Carried. Absent: Seward. Remarks: Combined with Lot 5 - Parcel 18190-00504-050-00.

#0017 WOODLE, DONNA M.: 26520-01217-002-13 DEER MT. RESORT DEV #3 LOT 13 BLK 2. Moved-Seconded (Opitz-Weisenberg) Change land value from $13,620 to $8,000. Motion Carried. Absent: Seward. Remarks: Reduced because overhead powerline would have to be buried in order to build on this lot. #0018 WOODLE, DONNA M. : 26520-01217-004-01 DEER MT. RESORT DEV #3 LOT 1 BLK 4. Moved-Seconded (Opitz-Weisenberg) No change in land value. Motion Carried. Absent: Seward. Remarks: Sales in area support valuation.

#0019 ZWETZIG, VICTOR M. & ROSIE : 18500-00504-142-24 STORY LANE S/D SE 1/4 14- LOT 13 BLK 2. Moved-Seconded (Weisenberg-Mattson) No change in land value. Change structure value from $19,780 to $18,180. Motion Carried. Absent: Seward. Remarks: Corrected square footage of porch.

#0020 HOMESTAKE MINING COMPANY OF CALIFORNIA : 26620-01490-000-00 MINERAL 1399 THRU 1563 M.S. 1490 MINK, BEAVER & OTTER. Moved-Seconded (Weisenberg-Mattson) Change land value from $34,480 to $0. Motion Carried. Absent: Seward. Remarks: Property already assessed with mine value. #0021 HOMESTAKE MINING COMPANY OF CALIFORNIA : 26680-01574-000-00 MINERAL 1564 THRU 1742 M.S. 1574 DIVIDE & DIVIDE #1 THRU 4. Moved-Seconded (Douglas-Mattson) Change land value from $68,180 to $0. Motion Carried. Absent: Seward. Remarks: Property already assessed with mine value. #0022 HOMESTAKE MINING COMPANY OF CALIFORNIA : 26720-01753-000-20 MINERAL 1743 THRU 1763 M.S. 1753 WILD GOOSE ETAL. Moved-Seconded (Mattson- Weisenberg) Change land value from $26,290 to $0. Motion Carried. Absent: Seward. Remarks: Property already assessed with mine value. #0023 HOMESTAKE MINING COMPANY OF CALIFORNIA : 26760-01858-000-00 MINERAL 1765 THRU 1887 M.S. 1858 ALASKA & BIG FOUR FR. Moved-Seconded (Opitz- Mattson) Change land value from $32,360 to $0. Motion Carried. Absent: Seward. Remarks: Property already assessed with mine value. #0024 HOMESTAKE MINING COMPANY OF CALIFORNIA : 26760-01859-000-00 MINERAL 1765 THRU 1887 M.S. 1859 NONSUCH & A. B. Moved-Seconded (Weisenberg- Douglas) Change land value from $12,740 to $0. Motion Carried. Absent: Seward. Remarks: Property already assessed with mine value.

#0025 HANKINS, ROBERT D, THOMAS J & DOUGLAS W HANKINS TRUSTEES : 26800-01905-000-00 MINERAL 1887 THRU 1917 M.S. 1905 BRUNHILD ETAL. Moved- Seconded (Opitz-Mattson) No change in land value. Motion Carried. Absent: Seward. Remarks: No change, did not recertify tree farm. #0026 HANKINS, ROBERT D, THOMAS J & DOUGLAS W HANKINS TRUSTEES : 26620-01517-000-00 MINERAL 1399 THRU 1563 M.S. 1517 FLENN FR. EUREKA ETAL. Moved-Seconded (Douglas-Weisenberg) No change in land value. Motion Carried. Absent: Seward. Remarks: No change, did not recertify tree farm.

#0027 MEYER, JAMES A & MARLYS J : 21000-00603-254-05 T-006 R-03 SW1/4SE1/4. Moved-Seconded (Opitz-Douglas) No change in land value. Motion Carried. Absent: Seward. Remarks: No change, not contiguous with other parcels and did not submit proof of ag income.

#0028 VOTE, KEVIN & LANETTE : 14000-00404-100-10 T-004 R-04 TRACT 1 OF HES 618 LOC. IN N1/2 SEC. 10. Moved-Seconded (Weisenberg-Mattson) No change in land value. No change in structure value. Motion Carried. Absent: Seward. Remarks: No change, paid more for land than assessed and house fairly valued compared to similar properties in remote area.

#0029 KINCAID, RODNEY C & DARLENE R: 26760-01812-000-35 MINERAL 1765 THRU 1887 M.S. 1812 50% OF UNDIVIDED 1/2 INT. ROWENA #2. Moved-Seconded (Opitz-Mattson) No change in land value. Motion Carried. Absent: Seward. Remarks: No change, value already reduced because of terrain and accessibility.

#0030 PEKRON, JOE & JULIE : 28500-00703-222-16 SOUTH HALF - ST. ONGE TR 2B OF LOT 2 OF NE1/4 NW1/4 22-7-3. Moved-Seconded (Mattson-Weisenberg) No change in land value. No change in structure value. Motion Carried. Absent: Seward. Remarks: No change, comparable sales support value. #0031 PEKRON, JOE & JULIE : 28500-00703-222-08 SOUTH HALF - ST. ONGE TR 2A OF LOT 2 OF NE1/4 NW1/4 22-7-3. Moved-Seconded (Weisenberg-Douglas) No change in land value. No change in structure value. Motion Carried. Absent: Seward. Remarks: No change, comparable sales in area support value.

#0032 THOMPSON, THOMAS F & CHARLOTTE : 29720-00000-000-40 THOMPSON TRACT T-4 TRACT T-4 LOCATED IN THE NE1/4 SE1/4 & SE1/4 SE1/4 OF SEC. 21 & A POR OF THE NW1/4 SW1/4 & SW1/4 SW1/4 SEC. 22. Moved-Seconded (Douglas- Weisenberg) Change land value from $12,730 to $10,500. Motion Carried. Absent: Seward. Remarks: Value lowered to reflect acreage change.

#0033 HUGO, CHRIS FRANCOIS : 18000-00504-084-10 T-005 R-04 N1/2 SE1/4. Moved- Seconded (Weisenberg-Douglas) Change land value from $48,790 to $0. Motion Carried. Absent: Seward. Remarks: Remove value of property as deeded to a government agency 12-28- 2000. #0034 HUGO, CHRIS FRANCOIS : 18000-00504-084-00 T-005 R-04 S1/2 SE1/4. Moved- Seconded (Douglas-Weisenberg) Change land value from $48,790 to $0. Motion Carried. Absent: Seward. Remarks: Remove value of property, deeded to government agency 12-28- 2000.

TAX EXEMPT PROPERTY #0035 NEIGHBORHOOD HOUSING SERVICES : 31090-03500-010-10 Nly 42' of Ely 58 1/2' of NE pt Lot 1 Block 35 Original Town of Lead. Moved-Seconded (Opitz-Weisenberg) to approve the application for property tax exempt status as Neighborhood Housing Services is a federal tax exempt 501 (c) (3) organization. Motion carried. Absent: Seward. Remarks: Property will be renovated by Youthworks Program.

#0036 NORTHERN HILLS FAMILY YMCA : 31570-00100-020-00 Tract E Blk Y Denver Addn Lead. Moved-Seconded (Weisenberg-Mattson) to approve the application for property tax exempt status as the YMCA is a federal tax exempt 501 (c) (3) charitable organization. Motion carried. Absent: Seward. Remarks: Exempted land as it was recently re-platted off the Golden Hills lot.

#0037 REGIONAL SENIOR CARE INC .: 31930-01663-000-20 Lot C, being a portion of the Black Hills Eagle No. 1 M.S. 1579, the Michigan, M.S. 1663 and the Montana M.S. 1508, City of Lead. Moved-Seconded (Weisenberg-Mattson) to approve the application for property tax exempt status as the facility qualifies for the non-profit health care exemption. 3- Aye; 1 - Nay (Opitz). Motion carried. Absent: Seward.

11:30 a.m. The Board recessed until 11:30 a.m. April 11, 2001.

The Lawrence County Board of Equalization reconvened at 11:30 am on Wednesday April 11, 2001 with the following members present Connie Douglas, Barbara Mattson and George Opitz present.

#0083 MCLAUGHLIN, RUTH M.: 21000-00603-043-10 #0084 MCLAUGHLIN, RUTH M.: 21000-00603-032-10 #0085 MCLAUGHLIN, RUTH M.: 21000-00603-033-20 #0086 MCLAUGHLIN, RUTH M.: 21000-00603-044-20 #0087 MCLAUGHLIN, RUTH M.: 21000-00603-044-10 #0088 MCLAUGHLIN, RUTH M.: 21000-00603-033-10 Timothy Vander Heide, spouse of the landowner, was present to discuss the above parcels. Vander Heide stated they were appealing the NA-Z classification of the parcels. Vander Heide stated this property has always been Ag and is still Ag land. Vander Heide stated the property was bought from an estate in 1987 and the last payment was made in 1999. A deed was then recorded and the Seller’s Attorney recorded a certificate of value for $150,000. Vander Heide stated the Director of Equalization made an assumption that the sale took place in 1999 and assessed the property as NA-Z. Vander Heide stated when the original agreement was made in 1987 NA-Z classification did not exist in the law and only took effect in 1998. Vander Heide stated if you were going to look at the sale date as being 1999 then the only amount paid in 1999 for the property would be $12,000. Vander Heide stated if an adjustment was made for 2001 assessment he would not request and abatement for 2000. Piekkola stated she looked back through the records recorded and the Certificate of Value is for $150,000 and the deed is recorded as 1999. The Board discussed the lease agreement for the property, purchase price and acreage. Mr. Mitchell, seller of the property, was present and stated that the lease payments from 1987 went towards the purchase of the property and when the last payment was made a deed was issued. Mr. Hurm was present and stated he is currently leasing the land for Ag purposes at this time.

Outka stated the sale was recorded in 1999 with a certificate of value for $150,000; this is what the Director of Equalization used to determine the classification and the value of property. Outka stated the $12,000 payment made in 1999 was the last payment and not the total purchase price of the property.

The Board asked that Vander Heide and Mitchell prepare a document in recordable format and have filed with the Register of Deeds so the Board of Equalization could make a decision on this issue on April 24, 2001.

12:00 a.m. The Board recessed until 10:00 a.m. April 24, 2001.

The Lawrence County Board of Equalization reconvened at 10:45 am on Tuesday April 24, 2001 with the following members present Connie Douglas, Barbara Mattson, Jim Seward, Terry Weisenberg and George Opitz present.

Darlene Piekkola stated she received an affidavit from Mr. Mitchell’s Attorney correcting the Certificate of Value previously recorded. The new certificate was for $12,000. Upon the new documents received the Board made the following changes.

#0083 MCLAUGHLIN, RUTH M: 21000-00603-043-10 T-006 R-03 NE1/4 SW1/4. Moved- Seconded (DOUGLAS-MATTSON) Change land value from $17,580 to $3,620 and change classification from NA-Z to AG-A. Motion Carried: #0084 MCLAUGHLIN, RUTH M: 21000-00603-032-10 T-006 R-03 LOT 4 & SW1/4 NW1/4. Moved-Seconded (WEISENBERG-MATTSON) Change land value from $35,690 to $8,530 and change classification from NA-Z to AG-A. Motion Carried: #0085 MCLAUGHLIN, RUTH M: 21000-00603-033-20 T-006 R-03 N1/2 SW1/4 SW1/4. Moved-Seconded (WEISENBERG-DOUGLAS) Change land value from $8,790 to $2,010 and change classification from NA-Z to AG-A. Motion Carried: #0086 MCLAUGHLIN, RUTH M: 21000-00603-044-20 T-006 R-03 N1/2 SE1/4. Moved- Seconded (MATTSON-WEISENBERG) Change land value from $35,160 to $8,370 and change classification from NA-Z to AG-A. Motion Carried. #0087 MCLAUGHLIN, RUTH M: 21000-00603-044-10 T-006 R-03 SE1/4 SE1/4. Moved- Seconded (WEISENBERG-MATTSON) Change land value from $17,580 to $6,550 and change classification from NA-Z to AG-A. Motion Carried: #0088 MCLAUGHLIN, RUTH M: 21000-00603-033-10 T-006 R-03 NW1/4 SW1/4. Moved- Seconded (WEISENBERG-DOUGLAS) Change land value from $17,580 to $4,200 and change classification from NA-Z to AG-A. Motion Carried:

ADJOURN: Being no further appeals to be heard the 2001 Board of Equalization adjourned at 11:00 am. the 24 th day of April 2001. ______DATE ______CONNIE H. DOUGLAS, Chair ATTEST: ______CONNIE ATKINSON, Auditor

LAWRENCE COUNTY CONSOLIDATED BOARD OF EQUALIZATION – APRIL 11, 2001

The Lawrence County Consolidated Board of Equalization was called to order 8:30 am on Wednesday, April 11, 2001 with the following members present; Connie Douglas, Barb Mattson, George Opitz, Pat Milos (40-1 School) and Rollin Sieveke (Lead).

All motions were passed by unanimous vote unless stated otherwise.

The Consolidated Board of Equalization Oath was signed.

LEAD CITY APPEALS: #0038 CASERIO, CLIFFORD M & BEVERLY A: 31610-00500-000-40 MOULTON TERRACE S/D LEAD LOT D4 BLK L Moved-Seconded (Opitz-Milos) No change in land value. Motion Carried: To uphold the values of the Director of Equalization.

#0039 HOMESTAKE MINING CO. OF CALIF.: 31870-00100-020-00 WASHINGTON S/D LEAD LOTS 1 & 2 BLK 1 Moved-Seconded (Opitz-Sieveke) No change in land value. Change structure value from $73,450 to $36,730 Motion Carried: 50 % Adjustment Was Given To Structure Due To Condition And Unusable.

#0040 HOMESTAKE MINING CO. OF CALIF.: 31440-00200-000-01 HOMESTAKE S/D LEAD BLDG. ON LEASED SITE, LOCATED ON TRACT 2, HOMESTAKE ADD. Moved- Seconded (Douglas-Milos) Change structure value from $47,740 to $0 Motion Carried: Property will be deleted, is included in mine formula.

#0041 HOMESTAKE MINING CO.: 31090-03700-060-00 ORIGINAL TOWN LEAD LOT 6 BLK A Moved-Seconded (Douglas-Sieveke) Change land value from $3,310 to $0 Motion Carried: Property will be deleted, is included in mine formula.

#0042 HOMESTAKE MINING CO.: 31510-00400-050-12 DENVER S/D LEAD LOT 2 SUB LOT 5 BLK 4 Moved-Seconded (Opitz-Mattson) Change land value from $2,550 to $0 Motion Carried: Property is partially platted into another lot, remainder of Lot 2, Sub of Lot 5 is part of mining formula.

#0043 HOMESTAKE MINING CO.: 31450-00200-040-10 KENWOOD S/D LEAD LOT 4A BLK 2 Moved-Seconded (Douglas-Mattson) Change land value from $2,850 to $0 Motion Carried: Property will be deleted, 4a is 426 Mine.

#0044 HOMESTAKE MINING CO. OF CALIF.: 31330-00000-120-00 ELSINORE S/D LEAD LOT 12 Moved-Seconded (Opitz-Milos) Change land value from $2,490 to $0 Motion Carried: Property will be deleted, remainder of Lot 12, rest is part of 711 Fox.

#0045 HOMESTAKE MINING COMPANY: 31160-03800-050-00 BELL S/D LEAD LOTS 4 & 5 & PT OF BELL AVE. ADJ. TO LOT 4 BLK B (40' X 67.05) Moved-Seconded (Douglas- Mattson) Change land value from $2,900 to $0 Motion Carried: Property will be deleted, is included in mine formula.

#0046 HOMESTAKE MINING CO: 31430-00400-040-00 HIAWATHA PARK S/D LEAD SUB LOT 4 BLK 8-LOT 4 Moved-Seconded (Sieveke-Douglas) Change land value from $2,700 to $0 Change structure value from $4,210 to $0 Motion Carried: Property will be deleted, is included in mine formula.

#0047 HOMESTAKE MINING CO. OF CALIF.: 31450-00500-050-00 KENWOOD S/D LEAD LOT 5 BLK 5 Moved-Seconded (Opitz-Milos) Change land value from $3,000 to $0 Motion Carried: Included in another description.

#0048 HOMESTAKE MINING CO: 31900-00400-040-00 WHITES S/D LEAD LOT 402 Moved-Seconded (Mattson-Sieveke) Change land value from $2,520 to $0 Motion Carried: Property will be deleted, is included in mine formula.

#0049 HOMESTAKE MINING CO: 31900-00300-030-00 WHITES S/D LEAD LOT 405 Moved-Seconded (Mattson-Milos) Change land value from $2,700 to $0 Motion Carried: Property will be deleted, is included in mine formula.

#0050 LANGWELL, KATHRYN M KOVAR, STUART: 31425-00100-006-00 HEARST SUB. LOTS 6(.7) & 7(1.4) BLK 1 Moved-Seconded (Mattson-Sieveke) Change land value from $27,570 to $20,680 Motion Carried: 25% Adjustment for power lines that run through the middle of property.

#0051 LANGWELL, KATHRYN M KOVAR, STUART: 31425-00500-016-00 HEARST SUB. LOT 16 BLK 5 Moved-Seconded (Douglas-Sieveke). No change in land value. Motion Carried: To uphold the values of the Director of Equalization.

#0052 MURRA, LESLIE P & DELORES M: 31610-00500-000-20 MOULTON TERRACE S/D LEAD LOT D2 BLK L Moved-Seconded (Opitz-Milos) Change land value from $2,650 to $0 Motion Carried: Combining with parcel 31610-00500-000-30

#0053 MURRA, LESLIE P & DELORES M: 31610-00500-000-30 MOULTON TERRACE S/D LEAD LOT D3 BLK L Moved-Seconded (Opitz-Milos) Change land value from $2,760 to $3,420 Motion Carried: Added parcel 31610-00500-000-20 because property is contiguous.

#0054 CHER, INC.: 31220-00000-000-01 CALEDONIA HEIGHTS ADDN. LOTS 1 & 2 (CALEDONIA HEIGHTS APTS) Moved-Seconded (Douglas-Mattson) No change to land value. Change structure value from $564,050 to $493,550 Motion Carried: A 10% functional has been applied to the structure due to some type of leaking that is causing the floor to swell.

#0055 SANDER, DUANE: 31090-02700-030-10 ORIGINAL TOWN LEAD 1/3 OF LOT 3 BLK 27 Moved-Seconded (Opitz-Douglas) Change land value from $3,350 to $0 Motion Carried: This parcel will be added to 31090-02700-050-00.

#0056 SANDER, DUANE: 3 1090-02700-050-00 ORIGINAL TOWN LEAD LOT 4 & PT OF LOT 5 BLK 27 Moved-Seconded (Opitz-Mattson) Change land value from $9,750 to $13,100 Change structure value from $147,150 to $111,900 Motion Carried: Combining parcel 31090- 02700-030-10 because they are contiguous. Taking the structure value down because the remodeling was done after November 1, 2000.

#0057 HINK, BEVERLY R & JUDITH V: 31510-00400-050-36 DENVER S/D LEAD PT OF LOT 11 S/D LOT 5 BLK 4 Moved-Seconded (Sieveke-Mattson) Change structure value from $490 to $0 Motion Carried: A garage was being assessed as real estate on leased site and has been torn down. The parcel no longer exists and should have been deleted for 2001

#0058 JACOBS, CHAD M & MICHELLE E: 31880-00000-000-19 WATERLAND A ADDITION LOT 19 Moved-Seconded (Sieveke-Milos) Change land value from $1,190 to $0 Motion Carried: Adding to parcel 31880-00000-000-18

#0059 JACOBS, CHAD M. & MICHELLE E.: 31880-00000-000-18 WATERLAND ADDITION LOT 18 Moved-Seconded (Douglas-Milos) Change land value from $8,810 to $10,220 No change in structure value. Motion Carried: Combining with parcel 31880-00000- 000-19 because parcels are contiguous.

#0060 STERNHAGEN, LEWIS G: 31425-00200-016-00 HEARST SUB. LOT 16 BLK 2 Moved-Seconded (Douglas-Mattson) Change land value from $15,590 to $37,730 Motion Carried: Added parcel 31425-00200-017-00 & 31425-00200-018-00 because property is contiguous.

#0061 STERNHAGEN, LEWIS: 31425-00200-017-00 HEARST SUB. LOT 17 BLK 2 Moved- Seconded (Opitz-Mattson) Change land value from $17,770 to $0 Motion Carried: Combining with parcel 31425-00200-016-00

#0062 STERNHAGEN, LEWIS G: 31425-00200-018-00 HEARST SUB. LOT 18 BLK 2 Moved-Seconded (Milos-Sieveke) Change land value from $13,410 to $0 Motion Carried: Combining with parcel 31425-00200-016-00

#0063 STERNHAGEN, LEWIS G: 31425-00500-018-00 HEARST SUB. LOT 18 BLK 5 Moved-Seconded (Douglas-Milos) Change land value from $10,150 to $16,680 No change in structure value. Motion Carried Added parcel 31425-00500-019-00 because contiguous property.

#0064 STERNHAGEN, LEWIS G: 31425-00500-019-00 HEARST SUB. LOT 19 BLK 5 Moved-Seconded (Mattson-Sieveke) Change land value from $11,230 to $0 Motion Carried: Combining with parcel 31425-00500-018-00

#0065 CROWE, TODD W: 31440-00600-003-00 HOMESTAKE S/D LEAD LOT 3A TRACT 6 Moved-Seconded (Sieveke-Milos) Change land value from $42,140 to $21,070 No change in structure value. Motion Carried: 50% adjustment made until developed.

#0066 FANDRICH, HERBERT & JESSIE M.: 31180-00400-100-00 BENDER PARK S/D LEAD LOT 33 Moved-Seconded (Milos-Sieveke) No change in land value. No change in structure value. Motion Carried: To uphold the values of the Director of Equalization.

#0067 MURRAY, DANIEL S: 31425-00100-005-00 HEARST SUB. LOT 2(.3), 3(.4), 4(.5), 5(.5) BLK 1 Moved-Seconded (Milos-Douglas) No change in land value. Motion Carried: To uphold the values of the Director of Equalization.

#0068 PARKRIDGE INV. LTD PARTNERSHIP: 31180-00600-100-00 BENDER PARK S/D LEAD LOT A BLK 1 Moved-Seconded (Opitz-Sieveke) No change in land value. No change in structure value. Motion Carried: To uphold the values of the Director of Equalization.

10:55 a.m. the Consolidated Board recessed until 11:00 a.m.. The Consolidated Board of Equalization reconvened at 11:00 a.m. with Connie Douglas, Barb Mattson, George Opitz and Pat Milos.

CENTRAL CITY APPEALS:

#0069 STRAUB, WINFRED L. ETUX: 27800-00100-010-20 HIDDEN TREASURE S/D LOT 1 BLK 1 Moved-Seconded (Opitz-Milos) No change in land value. Change structure value from $6,980 to $1,520 Motion Carried: Salvage value.

#0070 STRAUB, WINFRED L. ETUX: 27800-00100-010-10 HIDDEN TREASURE S/D LOT B BLK 1 Moved-Seconded (Douglas-Milos) No change in land value. Change structure value from $7,000 to $2,600 Motion Carried: Salvage value.

#0071 OIEN, PERRY E: 27400-00000-100-00 GOLDEN GATE ADDN LOT 10 Moved- Seconded (Mattson-Milos) No change in land value. Change structure value from $27,590 to $21,080 Motion Carried: Structural damage, 6 foot ceiling and load bearing wall has damage.

11:15 a.m. the Consolidated Board recessed until 1:30 p.m.. The Consolidated Board of Equalization reconvened at 1:30 p.m. with Connie Douglas, Barb Mattson, George Opitz, Pat Milos and Francis Toscana (Deadwood).

CITY OF DEADWOOD APPEALS:

#0072 ROLL-CUMMINGS, LTD. 30025-03000-110-00 ORIGINAL TOWN DEADWOOD NE 24' OF LOT 7, LOTS 9 & 11 BLK 30. Moved-Seconded (Mattson-Opitz) No change in land value. No change in structure value. Motion Carried: Remarks: Damon Reel stated he purchased the property at an absolute auction and felt this should be the appraised value. Piekkola stated she must follow the laws established and an absolute auction is not considered when establishing a value because it is not considered an arms length transaction. The land is assessed at $8 a square foot comparable to other properties on Sherman Street. The property was previously on the market for $345,000. Piekkola will meet with Reel to do an inside inspection of the building.

#0073 RACHETTO, JERRY C & PETERSON, JOE B 30025-03400-190-00 ORIGINAL TOWN DEADWOOD LOT 19 BLK 34 Moved-Seconded (Douglas - Milos) No change in land value. No change in structure value. Motion Carried. Aye - 4 ( Mattson-Abstain) Remarks: Rachetto felt an absolute auction is a reflection of the fair market value and should be used when establishing a valuation. Rachetto stated the sale of parcel 30025-03000-110-00 was not a forced sale. Piekkola disagreed and Douglas stated it may need to go through the Courts and let them decide. Piekkola stated the property is assessed consistent with comparable properties in the area.

#0074 FULL HOUSE, INC .30025-02100-100-00 ORIGINAL TOWN DEADWOOD LOTS 7- 8-9 & 10 BLK 21 Moved-Seconded (Toscana - Milos) No change in land value. No change in structure value. Motion Carried:

#0075 FULL HOUSE, INC . 30025-02100-060-00 ORIGINAL TOWN DEADWOOD LOT 5 & ALL LOT 6 BLK 21 Moved-Seconded ( Douglas - Milos ) No change in land value. No change in structure value. Motion Carried:

#0076 FULL HOUSE, INC 30025-01600-000-00 ORIGINAL TOWN DEADWOOD ACHTIEN LOT & LOT 5B, BLK 16 Moved-Seconded (Milos - Toscana) No change in land value. Change structure value from $3,954,840 to $3,264,780 Motion Carried: Remarks: The property owner felt the assessment was high when compared with competitors property. Piekkola based the quality of the property on an estimate because she has not been able to gain access to a complete inside inspection. Commissioners adjusted to an average quality instead of an above quality, consistent with other property.

#0077 DEROSIER, G. D. (DON) ETUX 30900-01106-000-08 MINERAL – DEADWOOD M.S. 1106 LOT 1B & 2 BLK 2 Moved-Seconded ( Douglas - Mattson ) No change in land value. No change in structure value. Motion Carried: Remarks: Don Derosier stated he thought the assessment on this house was too high, and he had not made any changes to the property. Equalization’s Office stated when they reviewed it in 2000 they made adjustments to the depreciation of the structure. The Board determined the assessment was fair and equitable and upheld the Director of Equalizations values.

#0078 DEROSIER, GEORGE D. ETUX 30075-00036-000-00 SCHOOL LOTS DEADWOOD M & B DESC. SCHOOL LOT 36 Moved-Seconded (Toscana - Milos) No change in land value. Motion Carried:

#0079 HALL, LOUIS D & PATRICIA A 30025-06500-060-00 ORIGINAL TOWN DEADWOOD LOT 6 BLK 65 Moved-Seconded (Toscana - Mattson) Change land value from $3,130 to $0 Change structure value from $19,360 to $0 Motion Carried: Remarks: Combined with parcel #30025-6500-090-00.

#0080 HALL, LEWIS D & PATRICIA A 30025-06500-090-00 ORIGINAL TOWN DEADWOOD LOTS 7-8 & 9 BLK 65 Moved-Seconded (Opitz - Milos) Change land value from $6,000 to $7,250 Change structure value from $26,080 to $45,440 Motion Carried: Remarks: Combined with parcel #30025-06500-060-00.

#0081 AYRES, AGNES M 30025-09000-070-00 ORIGINAL TOWN DEADWOOD REAR END OF LOT 6 & ALL LOT 7 BLK Q Moved-Seconded (Douglas - Toscana) No change in land value. No change in structure value. Motion Carried: Remarks: The assessment on the land went up and the correction was made on the fireplace that was missed on the last inspection.

#0082 PARKRIDGE INV. LTD PARTNERSHIP C/O MORTIMER PROPERTY MANAGEMENT 30650-00100-100-00 NOBLES S/D DEADWOOD LOTS 8-9 & 10 BLK A & PT M.S. 308 &335 Moved-Seconded ( Opitz - Mattson ) No change in land value. No change in structure value. Motion Carried. Remarks: A 75% adjustment has already been made for the un-useable land. Consistent with the other property in the same area.

3:00 p.m. the Consolidated Board recessed until 9:00 a.m. on April 17, 2001 in Spearfish.

The Consolidated Board of Equalization reconvened at 9:00 a.m. on Tuesday, April 17, 2001 in Spearfish City Hall, with the following members present; Connie Douglas, Barb Mattson, James Seward, Terry Steen (Spearfish School) and Shawn Rosenau (City of Spearfish).

The 2001 Consolidated Board of Oath was signed.

All motions were passed by unanimous vote unless stated otherwise.

#0083 FRASIER, DALE E.: 32970-00070-027-00 SPEARFISH MH COURTS MH ON LEASED SITE LOT 27 K-K KORT Moved-Seconded (Seward-Mattson) No change in structure value. Motion Carried. Classification changed to owner occupied.

#0084 BELL, BETTY R.: 32480-04500-000-00 MT. VIEW ADDN. SPEARFISH N 61' OF LOT 44 & N 61' OF LOT 44A & ALL LOTS 45 & 45A Moved-Seconded (Seward-Mattson) No change in land value. Square footage of basement adjusted to 912 sq ft with no change in structure value. Motion Carried. To uphold the values of the Director of Equalization.

#0085 CAPP, LARRY C & PENNY A: 32090-05100-030-10 ORIGINAL TOWN SPEARFISH W 70' OF LOT 2 & S 48' OF E 70' OF LOT 2 BLK 51 Moved-Seconded (Douglas-Seward) Change structure value from $36,600 to $0. Change land value from $48,510 to $24,010. No change in structure value. Motion Carried. Residence lot split from motel to parcel 32090-05100-030-11.

#0086 CAPP, LARRY C & PENNY A: 32090-05100-030-11 ORIGINAL TOWN SPEARFISH LOT 3 BLK 51 Moved-Seconded (Seward-Steen) Motion Carried. Structure value of $36,600 and land value of $24.500 from parcel 32090-05100-030-10. Reclassified as residential owner occupied.

#0087 COVEY, WALTER E OR RUTH A: 32740-00800-015-00 MTN. SHADOWS EST. MH ON LEASED SITE LOT 15 BLK 8 Moved-Seconded (Seward-Mattson) Change structure value from $27,440 to $25,400 Motion Carried. Adjusted depreciation to reflect age of the mobile home.

#0088 DONNER, SHIRLEY A: 32740-00500-002-00 MTN. SHADOWS EST. MH ON LEASED SITE LOT 2 BLK 5 Moved-Seconded (Mattson-Rosenau) Change structure value from $30,410 to $27,390 Motion Carried. Mobile home was damaged in windstorm. Adjusted depreciation to reflect age of mobile home.

#0089 FURROW, JAMES W & VIRGINIA L TRUSTEES: 32200-00100-070-10 COUNTRY CLUB ADDN. SPEARFISH LOT 7-A BLK 1 Moved-Seconded (MATTSON- STEEN) No change in land value. Change structure value from $129,590 to $123,790. Motion Carried. Adjustment made to basement, until inspection can be made to determine comparability with other units.

#0090 KOKESH, RONALD L: 32570-03500-010-00 RAMSDELL ADDN. SPEARFISH LOT 1 BLK 35 Moved-Seconded (Mattson-Rosenau) No change in land value. Change structure value from $144,910 to $134,710 Motion Carried. The economic adjustment is reduced by 5% to reflect the property as unique to the area.

#0091 KOSKI, ROBERT C. ETUX : 32090-09700-110-00 ORIGINAL TOWN SPEARFISH N 25' OF LOT 10 & S 25' LOT 11 BLK 97 Moved-Seconded(Douglas-Seward) No change in land value. Change structure value from $83,560 to $81,120 Motion Carried. Garage removed to build a new one.

#0092 MC LEOD, FRANCIS: 32740-00300-028-00 MTN. SHADOWS EST. BLDG SITS ON LOT 28 BLK 3 MT SHADOWS Moved-Seconded(Steen-Mattson) Change structure value from $48,870 to $45,450 Motion Carried. Mobile home has damage from windstorm.

#0093 SALZSIEDER, KEITH L: 32840-00602-094-10 SUB 9-6-2 SPEARFISH W1/2 NW1/4 SE1/4 TR 1 OF LOT 1A Moved-Seconded (Mattson-Seward) Change land value from $22,220 to $20,660 No change in structure value. Motion Carried. Land adjustment made, affidavit of flood plain submitted.

#0094 SALZSIEDER, KEITH: 32090-03900-060-00 ORIGINAL TOWN SPEARFISH LOTS 4, 5A & 6A BLK 39 Moved-Seconded (Seward-Mattson) Change land value from $49,140 to $33,450 Change structure value from $91,430 to $84,730 Motion Carried. Adjustment made to reflect structural problems. Zoned R2 cannot have commercial on these lots.

#0095 WAMMEN, VERNON & COLLEEN: 32390-00700-000-27 LOOKOUT VALLEY TRACT SPEA LOT 7-D BLK 7 Moved-Seconded(Mattson-Douglas) No change in land value. Change structure value from $101,050 to $98,050 Motion Carried. Adjustment made to bring in line with other units.

#0096 WIPF, WAYNE W & LUZ MYRIAM: 32720-04000-030-00 UHLIG ADDN. SPEARFISH LOT 1 BLK 11 ORIG. & LOTS 1-2 & 3 BLK 40 Moved-Seconded (Seward- Mattson) No change in land value. Change structure value from $63,510 to $57,840 Motion Carried. Effective age was adjusted to reflect current condition.

#0097 SCHMIT, DOUGLAS M. & ROXY L.: 32570-03000-100-00 RAMSDELL ADDN. SPEARFISH S 25' OF 11 & ALL LOT 10 BLK 30 Moved-Seconded (Mattson-Douglas) No change in land value. Change structure value from $100,450 to $99,260 Change structure value from $27,540 to $23,960 Motion Carried. Adjustment made for non-working fire place. Remove market economic adjustment and apply only to the main residence.

#0098 WYOMING-DAKOTA,INC: 32030-02300-060-10 ORIGINAL TOWN SPEARFISH LOT 6A BLK 23 Moved-Seconded (Mattson-Seward) Change land value from $10,340 to $16,000 Change structure value from $81,800 to $65,250 Motion Carried. Added parcel 32030-02300- 060-15 for one residential owner occupied parcel.

#0099 WYOMING-DAKOTA,INC: 32030-02300-060-15 ORIGINAL TOWN SPEARFISH LOT 6B BLK 23 Moved-Seconded (Douglas-Steen) Change land value from $5,660 to $0 Motion Carried. Combined with parcel 32030-02300-060-10 for one residential owner occupied parcel.

#0100 JOCKISCH, TODD G & CAMILLE R: 32740-01000-005-00 MTN. SHADOWS EST. MH LEASED SITE LOT 5 BLK 10 Moved-Seconded (Seward-Steen) Change structure value from $37,050 to $0 Motion Carried. Mobile home moved to Meade County.

#0101 ULVESTAD, LONNA: 32740-00300-004-00 MTN. SHADOWS EST. MH LEASE SITE LOT 4 BLK 3 MTN SHADOWS Moved-Seconded (Seward-Mattson) Change structure value from $38,510 to $0 Motion Carried. Mobile home moved to Iowa.

#0102 BOESCH, RONALD D. & JUDY L.: 32480-02700-000-00 LOT 27 HARM.HTS,MT.VW,HIGHLAND Moved-Seconded (Seward-Mattson) No change in land value. No change in structure value. Motion Carried. To uphold the values of the Director of Equalization.

ADJOURN: Being no further appeals to be heard the 2001 Consolidated Board of Equalization adjourned at 10:20 a.m. the 17 th day of April 2001.

______DATE

______CONNIE H. DOUGLAS, Chair ATTEST:

______CONNIE ATKINSON, Auditor

LAWRENCE COUNTY COMMISSIONERS SPECIAL MEETING – APRIL 11, 2001

Chairman Connie H. Douglas called the special meeting of the Lawrence County Commissioners to order at 7:45 a.m. on April 11, 2001 in the Administrative Annex Building of the Lawrence County Courthouse located at 90 Sherman Street, Deadwood, SD with Commissioners Barbara Mattson and George Opitz present. Terry Weisenberg and James J. Seward were absent.

2001 SPECIAL ELECTION: Moved-Seconded (Opitz-Mattson) to canvass the results of the 2001 Special Election. Motion Carried.

ADJOURN: 8:15 a.m. - There being no further business it was Moved-Seconded (Mattson- Opitz) to adjourn. Motion Carried.

______DATE

______CONNIE H. DOUGLAS, Chairman ATTEST:

______CONNIE ATKINSON, Auditor LAWRENCE COUNTY COMMISSIONERS MEETING – APRIL 24, 2001

Chairman Connie H. Douglas called the regular meeting of the Lawrence County Commissioners to order at 8:00 a.m. on April 24, 2001 in the Administrative Annex Building of the Lawrence County Courthouse located at 90 Sherman Street, Deadwood, SD with Commissioners James J. Seward, Terry Weisenberg, Barbara Mattson and George Opitz present.

All motions were passed by unanimous vote unless stated otherwise.

COUNTY INITIATIVE PETITIONS: Connie Atkinson, Auditor, presented the Board with Initiated Petitions. Atkinson stated the petitions had been verified with the required number of signatures. Moved-Seconded (Weisenberg-Douglas) To pass and approve the following Resolution. Motion Carried. Aye-4, Nay Seward. Seward stated the ordinance in the petition is stated wrong. LAWRENCE COUNTY RESOLUTION 2001-13 Comes now the Lawrence County Commission and said Commission having been presented with petitions this 24 th day of April, 2001, petitioning that a proposed ordinance be submitted to the electorate of Lawrence County for their approval or rejection pursuant to law, and WHEREAS , the total number of signatures set forth in said petitions exceed 5% of the registered voters in Lawrence County at the time of the last general election, and WHEREAS , SDCL 7-18A-13 requires this Board to enact the proposed ordinance and submit the same to a vote of the voters in the manner prescribed by law within sixty (60) days after enactment, NOW, THEREFORE, BE IT RESOLVED that the Lawrence County Commission does hereby enact the following ordinance: The people of Lawrence County proclaim the following as law, as stated in the initiative petitions: The following ordinance has not been passed by the Lawrence County Board of County Commissioners: WHEREAS , in December, 1998, Lawrence County adopted a New Comprehensive Plan mandating that cities grow from the center outward, and WHEREAS , this Lawrence County Comprehensive Plan also is established to protect the existing tax base in Lawrence County, and WHEREAS , this Lawrence County Comprehensive Plan has areas that have been designated as A-1 Agriculture in compliance with the Comprehensive Plan and Zoning Ordinances that require A-1 Agriculture Zones be maintained to allow suitable areas of Lawrence County to be retained in agricultural uses, to prevent scattered non-farm development and to secure economy in governmental expenditures for public services, utilities and schools, NOW THEREFORE BE IT ORDAINED that no change of zoning in the following legally described sections of centennial Prairie, sections 1, 2, 3, 4, 9, 10, 11,12, 13, 14, 15, 16, 21, 22, 23, 24, 25, 26, 27, 28, 33,34, 35 and 36 located in T6N, R3E, and sections 6, 7, 18, 19, 30 and 31 located in T6N, R4E, Black Hills Meridian, Lawrence County, be approved or allowed for a period of six years from the date of the adoption of this ordinance. BE IT FUTHER RESOLVED by the Lawrence County Commission that the aforementioned proposed ordinance shall be submitted to a vote of the voters on the 5 th day of June 2001. Dated this 24th day of April 2001. BOARD OF COUNTY COMMISSIONERS: Connie H. Douglas, Chairman, Lawrence County Board of Commissioners. ATTEST: Connie Atkinson, Auditor Lawrence County.

MINUTES: Moved-Seconded (Mattson-Weisenberg) to approve the minutes of April 3 rd & 11 th, 2001. Motion Carried. Moved-Seconded (Mattson-Weisenberg) to approve the Consolidated Board of Equalization Minutes for 2001 with the correction that Douglas voted Nay on Appeal #0089. Motion Carried.

PERSONNEL: REGISTER OF DEEDS: Moved-Seconded (Seward-Mattson) to accept the resignation of Teresa Lux in the Register of Deeds office effective May 4, 2001. Motion Carried.

Moved-Seconded (Opitz-Seward) to allow the Register of Deeds to advertise for the full-time position and allow the Register of Deeds to use other County Personnel to cover her office during the 9 th & 10 th of May. Motion Carried.

SHERIFF: Moved-Seconded (Opitz-Mattson) to approve George Vissia as a transport guard at the rate of $8.66 an hour effective April 1, 2001. Motion Carried.

Moved-Seconded (Seward-Weisenberg) to approve Teresa Lux as a temporary, non-benefited scanner in the Sheriff’s Office at $8.50 an hour, effective May 7, 2001. Motion Carried.

PLANNING & ZONING: Moved-Seconded (Seward-Douglas) to approve a step raise for Deb Maynard as a Secretary Step 5 at a base rate of $9.96 an hour effective March 16, 2001. Motion Carried.

EQUALIZATION OFFICE: Moved-Seconded (Weisenberg-Opitz) to approve summer hours for the Director of Equalizations Office. Motion Carried.

AIRPORT BOARD APPOINTMENT: Moved-Seconded (Opitz-Mattson) to appoint Micky Wienk to the Airport Board for a term to expire Jan 2006. Motion Carried.

DELAY TAKING MOBILE HOME: Moved-Seconded (Seward-Mattson) A motion to delay taking mobile home distress warrant and accept partial payments of taxes. We, the Lawrence County Board of County Commissioners have authorized the Lawrence County Treasurer to delay in taking a mobile home distress warrant on a 1976 Rolohome, serial #30785, located at Ken's Trailer Court Lot 940, Spearfish South Dakota owned by Karen Miller and to accept partial payments. Partial payments are allowed only if the County Commissioners authorize the County Treasurer to accept partial payments according to SDCL 10-21-7. Betty Reller, legal guardian for Karen Miller, agrees to make payments of' $60.00 per month. If the payments are not made, Lawrence County will proceed with the mobile home distress warrant and this agreement will be cancelled. Motion Carried.

TRAVEL REQUESTS: DIRECTOR OF EQUALIZATION: Moved-Seconded (Weisenberg-Mattson) to approve the travel request for Darlene Piekkola to attend the NCRAAO Conference in Minneapolis, MN on June 9-12, 2001. Motion Carried.

VETERAN SERVICE OFFICER: Moved-Seconded (Seward-Mattson) to approve the travel request for William Locken to attend the Spring VSO Mini-Conference in Rapid City, SD on May 1, 2001 and to attend the SDVSOA Executive Committee Meeting in Sioux Falls, SD on May 2-3, 2001. Motion Carried.

AIRPORT SURPLUS PROPERTY: Moved-Seconded (Seward-Opitz) to declare the eight salvaged hangar door openers surplus, to appraise them at $499.00 each and allow them to be sold. Motion Carried. The ninth opener will be used as a replacement for the failing unit on the main shop hangar door currently being leased by Eagle Aviation. These door openers are salvage as a result of the windstorm 8-2000.

RESOLUTION #01-11 SELL REAL PROPERTY : Moved-Seconded (Opitz-Seward) to approve the following Resolution #01-11 to Sell Real Property. Motion Carried. WHEREAS, Lawrence County is the owner of the property herein described, having acquired title thereto by Tax Deed Proceeding, and the same being at the present time in an unproductive state, and making little or no return to Lawrence County, and It appearing that the same can now be sold for a reasonable sum and placed upon the Tax List, and the Board of Commissioners of Lawrence County, South Dakota, deeming it advisable to offer said property for sale. NOW, THEREFORE, it is by the Board of Commissioners of Lawrence County, South Dakota RESOLVED That in the opinion of the majority of the said Commissioners, it is in the best interest of Lawrence County to declare the real property surplus and sell the following described real property, to wit: (1) Lot 319 East Summit Street being a portion of M.S. 514, M.S. 258, M.S. 260, M.S. 723, M.S. 105 and M.S. 1395, Crown Point Addition, Lead, SD. (319 E. Summit) SPECIAL ASSESSMENTS DUE. (2) Portion of Lot 14, Blk 36 lying South of Addie Street, Original Town Lead, SD. (321 W. Addie) SPECIAL ASSESSMENTS DUE. and, that said real property be offered for sale in accordance with the provisions of Chapter 7-29 of the South Dakota Codified Laws as Amended and that before said property is offered for Sale, the same be appraised by a Board of Appraisers, consisting of the Board of Commissioners of Lawrence County, South Dakota. Dated this 24th day of April, 2001. BOARD OF COUNTY COMMISSIONERS: Connie H. Douglas, Chairman; James Seward, Barbara Mattson, George Opitz, and Terry Weisenberg. ATTEST: Connie Atkinson, AUDITOR

Moved-Seconded (Weisenberg-Seward) to appraise the following property: (1) Lot 319 East Summit Street being a portion of M.S. 514, M.S. 258, M.S. 260, M.S. 723, M.S. 105 and M.S. 1395, Crown Point Addition, Lead, SD. (319 E. Summit) = $100.00. (2) Portion of Lot 14, Blk 36 lying South of Addie Street, Original Town Lead, SD. (321 W. Addie) = $100.00. Motion Carried.

Moved-Seconded (Opitz-Seward) to set the land sale for Thursday, May 17 th , 2001 in the Lobby of the Lawrence County Courthouse Annex Building. Motion Carried.

RESOLUTION #01-12 TO ADOPT A SUPPLEMENTAL BUDGET: Moved-Seconded (Opitz-Weisenberg) to approve the following Resolution #01-12 To Adopt A Supplemental Budget for the Highway and Bridge Reserve. Motion Carried. WHEREAS, the County Budget for Lawrence County, South Dakota, for the fiscal year 2001, failed to provide sufficient revenue to enable the County to conduct the indispensable functions of Government, and WHEREAS, the Board of County Commissioners of said County deems it necessary to make a Supplementary Budget, providing for appropriation in the amounts set out below. NOW, THEREFORE, be it RESOLVED THAT SAID BOARD, make, approve and adopt a Supplemental Budget for Lawrence County, South Dakota, for the year 2001, and that in said budget there will be and is hereby appropriated the following sum of money, to-wit: ROAD & BRIDGE FUND HIGHWAY & BRIDGE RESERVE - $402,250.00 The funds for the above amounts are to be provided from unappropriated cash balances and estimated revenue in the designated Fund. Be it further RESOLVED that a hearing was held on the 24th day of April, 2001 at the hour of 8:45 o'clock, a.m. in the Commissioners' Room in the Administrative Office Building at 90 Sherman Street, Deadwood, Lawrence County, South Dakota, and that said Notice of Hearing was posted according to law, SDCL 7-21-22. IN WITNESS WHEREOF, we have hereunto set our hands and official seal of Lawrence County, this 24th day of April, 2001. BOARD OF COUNTY COMMISSIONERS: Connie H. Douglas, Chairman; James Seward, Barbara Mattson, George Opitz, and Terry Weisenberg. ATTEST: Connie Atkinson, AUDITOR

HIGHWAY BIDS: NEW 2001 DUMB BODY AND HOIST: The following bids were received for a new 2001 dump body and hoist: Northern Truck Equipment Corporation - $17,287 and Sanitation Products - $16,996. Moved-Seconded (Opitz-Seward) to follow the recommendation of Chuck Williams, Highway Superintendent, and table the bids to allow time for the Highway department to review the bids. Motion Carried. Godfrey Brake Service & Supply bid was received late and remained unopened.

NEW 2001 CLASS 8 TANDEM TRUCK CHASIS: The following bids were received for a new 2001 class 8 tandem truck chasis: West River International - $76,240; Eddies Truck & Sales - $73,284. Moved-Seconded (Opitz-Seward) to follow the recommendation of Chuck Williams, Highway Superintendent, and table the bids to allow time for the Highway department to review the bids. Motion Carried.

UTILITY PERMIT: Moved-Seconded (Opitz-Seward) to approve the utility permit for Montana Dakota Utilities on Highway No. Maitland Road, Lawrence County, approximately 1 mile south of Mt. Shadows Trailer Park for construction of a natural gas pipeline. Motion Carried.

MONTHLY FUEL PRICE QUOTATION: HIGHWAY: Moved-Seconded (Weisenberg-Seward) to accept the only fuel quote submitted from Sanito Oil Company for No. 2 Diesel fuel price per gallon 1.074. Motion Carried.

SP MEDICAL ASSISTANCE: Moved-Seconded (Seward-Mattson) to deny medical assistance to SP for $2844.96 because a hospital notice was not received. Motion Carried.

TRANSFER CONDITIONAL USE PERMIT #192 / STRAWBERRY BED & BREAKFAST: Moved-Seconded (Opitz-Seward) to approve the transfer of CUP#192 to Andy and MaryAnne Nord with Condition #5 amended to be reviewed on a as needed basis and to change Condition #6 to the maximum number of units as 4. Motion Carried.

ANNUAL REVIEW / T BAR K TACK BUSINESS PERMIT: An annual review was held on the T Bar K Tack Business Permit located north of Whitewood on Highway 34. Moved- Seconded (Seward-Weisenberg) Conditional Use Permit # 245 was found to be in compliance and will be reviewed on an as needed basis, if complaints should arise, or at the desire of the Board to review. Motion Carried.

ABATEMENTS: CITY OF SPEARFISH / HARLAN SCHMIDT: Moved-Seconded (Mattson-Seward) to approve the abatement for City of Spearfish / Harlan Schmidt on parcel #’s 20000-00602-020- 00; 20000-00602-101-10; 20000-00602-034-70; 20000-00602-113-10 and 20000-00602-114-10 because the property was annexed and acquired by the City of Spearfish. Motion Carried.

HOMESTAKE: Moved-Seconded (Seward-Mattson) to deny the abatement for Homestake on parcel #’s 26620-01490-000-00, 26680-01574-000-00, 26720-01753-000-20, 26760-01858-000- 00 and 26760-01859-000-00 because Homestake did not have control of the property on assessment date and the County was not notified in the summer of 2000 when the Director of Equalization met with Margaret Winsel Boorda of Homestake. Motion Carried.

HOMESTAKE MINING CO. (MARGARET WINSEL BOORDA): 31090-03700-060-00 - was described as Lots 5 & 6, Block 37. Request: Lot 6 was replanted as 614 Mill St. (no indication of old description on plat). 4591 sq.feet at .25 per sq.ft. Assessment of $1,148. Remainder of parcel (lot 5) including garage was sold in 2000. Moved-Seconded (Opitz-Seward) to approve the abetment request on parcel 31090-03700-060-00 because that portion was already taxed. Motion Carried.

31160-03800-050-00 - Lots 4 & 5, Block 38, vacant land and should have been included in the mine formula. Assessment $4,630. Moved-Seconded (Weisenberg-Seward) to approve the abatement request on parcel 31160-03800-050-00 because the property should have been included in mine formula. Motion Carried.

31510-00400-050-12 - Majority of lot was replatted into 828 Highland. Due to the previously high number of lots that were leased for residential Purposes and had a residence sitting on the lot, any lot listed with an address was not considered vacant, and as such, not part of the mining formula. The plat of 828 Highland does not list that it is being platted from Lot 2, Sub of Lot 5, Block 4, so the address of 822 Highland was not removed from the lot. **Assessment $2,550. Moved-Seconded (Seward-Douglas) to approve the abatement request on parcel 31510-00400- 050-12 because the property was already taxed. Motion Carried.

31330-00000-120-00 - Lot 12, Elsinore - Lot was replatted into 711 Fox in 1989 and conveyed to Waterson. Plat does not indicate where it's coming from and research indicates that not all of the lot was conveyed**, so remainder (an undetermined amount) can either be considered as being used by 711 Fox and non-mining or as vacant land and should be under mine formula - Assessment - $2,490. Moved-Seconded (Opitz-Seward) to approve an abatement for 1/2 OF TAX. Motion carried

31430-00400-040-00 - Sub of Lot 4, Block 8 - Garage - $4,740, Lot - $2,700. HMC contends that this is being used for storage of mining equipment. Property put into formula for 2001, but the Equalization Office feels it is the responsibility of HMC to identify the mining property from the non-mining property. Moved-Seconded (Seward-Mattson) to deny the abatement request for parcel 31430-00400-040-00 because it is the responsibility of Homestake to notify the Equalization Office of the mining property. Motion Carried.

31440-00200-000-01 - Old Sub station. No longer used for any purpose. Was added to the tax rolls as non-mining property with the understanding that it was going to be sold. HMC contends that it should be part of the mining formula. Currently located on Tract 2. Assessment - $63650. Moved-Seconded (Seward-Opitz) to approve the abatement request on parcel #31440-00200- 000-01 because the value should have been included in mine formula. Motion Carried.

31440-00600-003-00 - Ellison Apts. - HMC contends that the property was used to store mining supplies prior to the sale of the property to Todd Crowe. Assessment - $25,940. Moved- Seconded (Weisenberg-Douglas) to approve the abatement request on parcel #31440-00600-003- 00 because the value should have been included in mine formula. Motion Carried.

31450-00200-040-10 -Vacant lot - should be under mine formula - Assessment - $2,850. Moved- Seconded (Seward-Mattson) to approve the abatement request on parcel #31450-00200-040-10 because the value should have been included in mine formula. Motion Carried.

31450-00500-050-00 -Vacant lot - should be under mine formula - Assessment - $3,000. Moved- Seconded (Seward-Mattson) to approve the abatement request on parcel #31450-00500-050-00 because the value should have been included in mine formula. Motion Carried.

31870-00100-020-00 - 300 Washington - building next to Substation. It has been ]eased to an individual for the last two years for non-mining purposes. Assessment - $86,980. HMC contends they have an appraisal for $35,000, which should have been presented during the 2000 appeal process. Recommendation - Deny. Moved-Seconded (Seward-Mattson) to deny the request for abatement on parcel 31870-00100-020-00 because they should have appealed the valuation during Board of Equalization in 2000. Motion Carried.

31900-00400-040-00 - Now vacant lot. Was missed adding to mine formula after structure was removed, since it retained its address of 402 Park. Assessment - $2,520. Moved-Seconded (Opitz-Seward) to approve the abatement request on parcel #31900-00400-040-00 because the value should have been included in mine formula. Motion Carried.

31900-00300-030-00 - Now vacant lot. Was missed adding to mine formula after structure was removed, since it retained its address of 4O5 Front. Assessment - $2,700. Moved-Seconded (Seward-Weisenberg) to approve the abatement request on parcel #31900-00300-030-00 because the value should have been included in mine formula. Motion Carried.

BOULDER PARK ROAD DISTRICT REQUEST: The Board discussed a letter from Boulder Park Road District in reference to a portion of Lot 4; Lot 9 and Lot 10 all located in the Boulder Park Sub-Division of Lawrence County. The state currently owns the property and has declared the property surplus. Moved-Seconded (Weisenberg-Mattson) to authorize the Chairman to send a letter to Boulder Park Road District informing them that the County is not interested in purchasing the land.

BILLS: Moved-Seconded (Weisenberg-Seward) to approve payment and authorize the Chairman to sign the following vouchers drawn on the proper funds. Motion Carried. Opitz absent. PAYROLL: Comm-$6,058.88, Aud-$8,778.10; Treas-$13,010.61; Comp-$8,514.08; States Atty-$18,125.36; Pub Def-$11,079.90; Gen.Govt.Bldg-$9,119.12; Equal-$15,911.97; Deeds- $10,154.25; Vso-$1,341.76; Dispatch-$15,514.05; Sher-$47,143.13; Jail-$26,835.55; Emergency Management Fund-$2,776.42; E911 Fund-$2,098.32; Highway Fund-$52,273.83; Airport- $4,116.78; Extension-$1,992.48; Soil-$1,038.08; Weed-$2,333.34; Planning & Zoning- $4,488.59; All Of Therse Bills Were Drawn From The General Fund Unless Otherwise Noted: Harmon, James: Airport-$135.47; American Family Life Inc: Various Life-$722.22; Highway Fund-$335.84; Emergency Management Fund-$52.70; Amoco Oil Co: Sher Trvl- $236.11; Avaya, Inc.: Highway Fund Util-$29.70; Bh Federal Credit Union: Various Pay Ded- $11,0730.00; Highway Fund-$2,428.58; Bh Power & Light, Rapid: Airport Util-$290.80; Highway Fund-$77.41; Blue Cross: Various Hlth-$20,486.00; Highway Fund-$8,914.00; Various Life-$745.32; Highway Fund-$213.45; Emergency Management Fund-$11.13; Buckstop Express Mart Inc: Sher Trvl-$273.88; States Atty Wit: $1,132.94; Butte Electric Coop., Inc: Highway Fund Util-$370.24; Conoco: Sher Trvl-$344.87; Deadwood Recreation Center: Various Pay Ded-$77.00; Dept.Of The Treasury: Various Oasi-$24,231.14; Highway Fund-$5,940.82l Emergency Management Fund-$337.74; E911 Fund-$260.20; Various Fit-$20,554.42; Highway Fund-$5,220.03; Emergency Management Fund-$316.55; E911 Fund-$266.01; Various Medi- $5,666.86; Highway Fund-$1,389.44; Emergency Management Fund-$79.00; E911 Fund- $60.86; Montana-Dakota Util. Dwd.: Highway Fund Util: $916.22; N H Family Ymca: Various Pay Ded-$424.00; Highway Fund-$52.00; Office Of Child Support: Highway Fund-$569.00; Queen City Medical Center: Jail-$100.00; Qwest: Various Util-$3,038.33; Highway Fund- $222.04; E911-$534.83; Sd Retirement System: Various Ret-$21,654.39; Highway Fund- $5,595.54; Emergency Management Fund-$285.24; E911 Fund-$219.84; Sd State Treasurer: Nurse-$4,435.00; Mh Serv-$333.94; Sd Supplemental Retirement: Various Supp Ret-$1,383.00; Highway Fund-$342.00; Emergency Management Fund-$50.00; State Disbursement Unit/169763: Jail-$120.00; Texaco, Inc: Sher Trvl-$19.44; Us Postal Service: Ext Supp Grant- $600.00; Verizon Wireless Inc: Various Util-$406.16; Baloun, Thomas W.: Pub Def In State Travel-$68.73; Brennan,S-Witness $21.74; Heck, David S.: Weed Adv & Trvl-$70.29; Kosel, Joseph M: Pub Def Supp-$21.98; Larson,D-Juror $11.74; Rear, Kay L.: Elect Worker-$75.00; Rosencranz,Robert R.: Highway Fund-$12.00; Ryan, Steven D.: Highway Fund-$12.00; A&B Welding Supply Inc: Highway Fund Supp-$67.41; Abc Business Supply Corp: Various Supp- $660.66; Altaire Enterprises Inc: Various Util-$1,357.91; Highway Fund-$20.00; Amcon Distributing: Jail Comm-$180.06; At&T: Weed Util-$40.32; Auer Machine,Inc: Highway Fund Supp-$480.00; B H Chemical Company Inc: Gen.Govt.Bldg Supp-$138.00. Highway Fund- $327.05; Bh Federal Credit Union: Sher Supp-$17.00; Bh Medical Ctr Pharmacy Inc: Various Med-$764.85; Bh Pioneer Inc: Various Adv-$1,975.07; Highway Fund-$22.03; Bh Power & Light Deadwood: Various Util-$4,761.03; Highway Fund-$90.41; Bh Travel Agency: States Atty Wit-$932.00; Baker, Ginger: Jail Blood-$315.00; Behavior Mngt Systems Inc: Jail Med- $56.00; Bickle's Truck & Diesel: Highway Fund Supp-$12.67; Blackinton, J G Phd: Crts Therapy-$35.00; Burrly's Lube: Sher Trvl-$53.77; Business Aviation Inc: Airport Repairs- $237.60; Butler Machinery Co. Inc: Highway Fund Supp-$1,308.01; Carlson, Donald C.: Mh Serv-$30.00; Carquest Of Spearfish: Highway Fund Supp-$73.16; Central Parts: Highway Fund Supp-$493.62; Chris Supply Co. Inc.: Comp Supp-$128.40; City/County Alcohol &Drug: Jail Blood-$475.00; Clark Printing, Inc.: Various Supp-$343.27; Clinical Lab Of B.H. Inc.: Jail Med- $90.00; Highway Fund-$157.97; Coburn Insurance Agency: Sher Supp-$60.00; Cooperative Extension Service: Exten Util-$296.53; Corral West: Jail Supp-$49.90; Crouse-Hinds Airport Lighting: Airport Repairs-$554.98; Culligan Soft Water Serv Inc: Highway Fund-$61.00; Weed Supp-$13.50; Dakota Graphics: Various Supp-$859.66; Dakota West Radiation Oncology: Ca Doctor -$3,803.74; Dale's Tire & Retread Inc: Highway Fund Supp-$2,252.00; Dartek Computer Supplies Corp: E911-$69.75; Comp Supp-$34.09; Highway Fund-$49.79; Deadwood Lumber Company Llc: Gen.Govt.Bldg Repairs-$3.40; Deadwood Supply Inc: Highway Fund Supp- $102.96; Deadwood, City Of: Ca Util-$129.33, Highway Fund-$48.20; Deckers Food Inc: Jail Supp-$50.99; Dept Of Hlth Lab Services: Jail Blood-$105.00; Dietrich, Donna K.: Mh Serv- $211.35; Driscoll, Dennis: Crts Casa-$660.62; Election Sys & Software Inc: Elections-$792.90; England, Leslie J. : Comm Comp Plan-$547.12; Federal Express Corp.: Sher Supp-$10.76; Fish, Veronica: Various Crt Report-$67.80; Fisher Sand & Gravel Inc: Snow Removal-$530.28; Frederickson, John R Inc: Caa-$418.75; Fuller, Tellinghuisen, Gordon: Caa-$181.46; Gene's Lock Shop Inc: Crts Judge-$2,528.96; Gillette Police Dept: Sher Trvl-$250.00; Godfrey's Brake Serv Inc: Highway Fund Supp-$625.30; Gold Dust Inc: Crts Juror Meals-$172.01; Golden Hills Resort: States Atty Wit-$2,051.84; Golden West Teltech Inc: Sher Util-$37.50; Great Western Tire Inc: Sher Trvl-$13.00; Greens Alignment: Sher Trvl-$653.01; Grimm's Pump Service Inc: Highway Fund Supp-$314.64; Heisler Hardware Inc: Air Repairs-$360.00; Highway Fund- $63.81; Hey, John W. Company: Gen.Govt.Bldg Repairs-$225.00; Hills Material Comp. Inc.: Highway Fund-$1,862.73; Hoggatt, Ralph: Caa-$358.40; Honeywell Inc: Gen.Govt.Bldg Repairs-$356.00; Ibm Corp Sqh: Comp Rep-$149.40; Ikon Office Solutions Inc: Rod Equip- $5,022.00; States Atty Supp-$292.98; Insight: Various Supp-$228.99; Jacobs Precision Welding: Highway Fund-$6.30; Johnson Ford Inc: Sher Trvl-$2,278.46; K Mart 3893: Various Supp- $51.92; Kabeiseman & Pollard Law: Mh Serv-$138.8; Kadrmas, Lee And Jackson Inc: Windstorm-$106.40; Kar Products Inc: Highway Fund Supp-$941.63; Karpinen, Sharon: Jail Blood-$385.00; Kimball-Midwest Co. Inc: Highway Fund Supp-$414.96; Kinney & Koch, Llp: Caa-$593.21; Kittelson, Joan: Mh Serv-$15.00; Knecht True Value Inc: Various Supp-$83.06; Highway Fund-$18.56; Koala Electric Inc: Gen.Govt.Bldg Repairs-$837.84; Kooistra, Nelva: Mh Serv-$15.00; Lc Centennial Inc: Various Adv-$1,251.48; Highway Fund-$22.30; Lc Conservation Dist: Soil-$99.34; Lc Public Health: Nurses Allotment-$2,208.00; Lc Sheriff: Sher Trvl-$186.93; Lawson Products Inc: Highway Fund Supp-$289.46; Lead, City Of: Comm- $5,000.00; Lee, James: Gen.Govt.Bldg Contracts-$15.00; Lead-Deadwood Sanitary: Ca Util- $41.00; Lee Street Station: Crts Juror Meals-$75.21; Manlove Psychiatric Group: Psych Eval- $3,750.00; Matthew Bender & Co. Inc: Various Pub-$519.12; May,Johnson,Doyle& Becker Inc: Caa-$4,467.17; Mcarthur, Janet: Jail Blood-$70.00; Mcleod's Office Supply Inc: Various Supp- $1,150.81; Meade Co. Auditor: Jail Bd Pris-$160.00; Medicap: Ca Meds-$273.29; Minnehaha County Sheriff: States Atty Pser-$8.70; Montana Dakota Utilities: Ca Util-$300.00; Highway Fund-$133.11; Morman Law Firm: Caa-$11,398.61; Mutchler,Tricia L.: Various Supp-$269.50; Nh General Hospital: Jail Med-$54.00; Nh Plaza: Soil-$301.50; Nada Appraisal Guides Inc: Equal Supp-$100.00; Nat'l 4-H Council-Supply Serv: Exten Misc-$4.58; Ncraao 25: Equal Trvl- $175.00; Neve's Uniforms Inc: Jail Supp-$222.41; Niesent, Laura: Jail Blood-$210.00; Office Technology/Supply: Exten Supp-$27.99; Palmvid: Sher Equip-$647.00; Pamida: Jail Med- $25.65; Pennington Co Auditor: Mh Serv-$44.00; Pennington Co. Jail: Mh Serv & Transport- $1,333.15; Pennington County Sts.Attny: Mh Serv-$200.00; Porta Storage Inc: Windstorm- $115.00; Porter Law Office Pc: Caa-$201.00; Postmaster, Deadwood: Jail Supp-$136.00; Pronto Auto Supply:Gen.Govt.Bldg Repairs-$13.70: Highway Fund-$21.68; Queen City Rocket Lube: Sher Trvl-$122.96; Qwest: Emergency Management Fund Util-$193.07; Soil-$41.89; Quill Corp: Pub Def Supp-$487.05; R C Community Health: Jail Blood-$97.60; Rc Police Dept: Jail Blood-$280.00; Rc Regional Hospital Inc: Coroner Prof Ser-$338.00; Radio Shack: Sher Supp- $213.94; Rapid Delivery Inc: Highway Fund Supp-$16.50; Reindl, Staci: Caa-$1,059.15; Rud- Chain,Inc: Highway Fund Supp-$602.24; Sd Acc/S D Aco: Various Workshop Reg: $385.00; Sd Dept Of Transportation: Hwy Bridge Res-$405,245.89; Sd Office Of Attny General: Law Lib- $5.00; Sd Planners Association: Planning & Zoning Pub-$45.00; Sanito Oil, Inc: Highway Fund- $3,240.86; Sher Trvl-$935.74; Scott Peterson Motors Inc: Highway Fund-$6.63; Servall Towel & Linen,Inc: Gen.Govt.Bldg Contracts-$333.68; Highway Fund-$185.54; Silverado Inc: Crts Juror Meals-$260.00; Spearfish Alt/Starter Rebuild: Gen.Govt.Bldg Repairs-$125.00; Spearfish Auto Supply Inc: Air Veh Maint-$41.55; Highway Fund-$877.62; Stratford, William D. Md: Psych Eval-$4,500.00; Stretch's Glass & Mirror: Ins/Windshield-$319.99; Telcomco Communications: Sher Radio-$110.00; Thompson, Michael B. P.C: Caa-$597.04; Thurman Law Office: Mh Serv-$175.58; Tigerdirect : States Atty Equip-$48.71; Highway Fund-$55.02; Traffic Technologies Llc: Highway Fund Supp-$135.00; Tridle, John M: Law Lib-$100.00; Triple K Tire & Repair: Sher Trvl-$9.00; Highway Fund-$49.25; Twin City Hardware & Lumber In: Gen.Govt.Bldg Supp-$100.00; U Bid Online Auction: Treas Supp-$279.69; Verizon Wireless Inc: Various Util-$68.63; Voelker & Adams: Caa-$1,588.92; Walmart Store Inc: Various Supp-$83.53; Waste Connections, Inc.: Highway Fund Util-$119.00; Gen.Govt.Bldg Util-$197.00; Waterland,Kim: Airport Supp-$15.00; Wells Plumbing & Farm Supp Inc: Highway Fund Supp-$466.94; Western Sd Juvenile Serv: Jdc-$600.48; Western Stationers: Comp Supp-$21.62; Wolff's Plumbing Inc: Gen.Govt.Bldg Repairs-$34,800.00; Worldcommci Inc: Sher Util-$450.32; Xerox Corporation: Various Supp-$248.00; Yankton Co. Sheriff: Mh Serv-$33.00; Ziegler Building Center Inc: Gen.Govt.Bldg Repair-$498.49; Zones : Pub Def Equip-$160.93; Jurors, Witness & Election Workers Fees : Gillespie,A-$75.00; Trent,J- $95.00; Matti,B-$18.70; Bey,R-$10.58; Povandra,B-$28.70; Richards,C-$57.40; Bravek,C- $58.70; Bunney,M-$61.60; Carsten,N-$51.74; Cooch,E-$58.70; Custis,D-$59.86; Garvin,C- $58.70; Hosman,L-$58.70; Macdonald,M-$58.70; Massey,M-$58.70; Mehlberg,P-$52.90; Moe,L-$58.70; Noland-Eaton,D-$60.44; Pabst,D-$64.50; Redinger,P-$61.60; Storbeck,T- $58.70; Whitaker,R-$61.60; Williamson,J-$57.54; Zandri,W-$51.74; Howe,M-$75.00; Lafrentz,M-$20.58; Sullivan,M-$21.74; Cox,R-$49.00; Gains,Dr Jack-$250.00; Birnbaum,R- $46.10; Albrecht,S-$12.32; Almen,J-$15.80; Babb,J-$18.70; Beagle,J-$52.32; Bennett,M- $58.70; Bertsch,J-$54.64; Burket,M-$58.70; Burr,G-$52.32; Cockrum,W-$58.70; Crellin,M- $11.74; Derby,R-$56.96; Ellendorf,D-$18.70; Fahrni,J-$56.38; Hanson,B-$19.86; Hess,C- $18.70; Hindbjorgen,A-$17.54; Hoffman,K-$60.44; Hufnagel,L-$61.60; Krueger,E-$11.74; Loll,B-$19.28; Losey,R-$10.58; Lux,D-$12.90; Martinez,A-$19.28; Mitchell,M-$16.96; Moffett,L-$58.70; O'connell,S-$23.92; Overland,T-$15.22; Strgar,J-$18.70; Wermers,J-$61.60; Williamson,G-$21.60; Wyckoff,S-$19.86; Arsaga,P-$52.90; Bonrud,L-$17.54; Burleson,L- $22.18; Clark,D-$57.54; Cole,J-$58.12; Crawford,D-$58.70; Czepyha,L-$11.74; Erickson,E- $19.28; Fischer,C-$18.70; Follette,E-$20.44; Frederick,S-$18.12; Geffre,K-$52.32; Hart,M- $56.96; King,C-$13.48; Metzger,D-$11.74; Neal,C-$12.32; Ostrom,K-$18.70; Pabst,J-$58.70; Pfarr,R-$50.58; Reller,K-$11.74; Robertson,D-$12.32; Robertson,N-$21.02; Schneider,P- $21.60; Schoon,L-$64.50; See,H-$12.32; Siebenaller,N-$58.70; Smith,G-$11.74; Sternhagen,L- $15.80; Stroschine,C-$18.70; Thorman,C-$59.86; Walz,J-$52.32; Wendland,L-$18.70; Windedahl,M-$19.86; Wolf,R-$21.60; Addington,B-$10.58; Applegate,B-$21.60; Armstrong,J- $25.66; Bailey,L-$55.80; Barrios,S-$18.70; Byers,N-$12.90; Derrek,J-$60.44; Doyle,R-$18.70; Eaves,D-$60.44; Frederick,P-$21.02; Freese,J-$18.70; Giesinger,B-$58.70; Hansen,H-$61.60; Juso,N-$14.06; Keller,J-$59.86; Klein,K-$58.70; Longbrake,J-$61.60; Mackay,T-$10.58; Mckee,J-$21.60; Morran,S-$20.44; Mundhenke,E-$18.12; Penrose,P-$58.70; Reato,A-$11.74; Rowe,M-$10.58; Ryan,J-$20.44; Schneider,R-$19.28; Schumacher,C-$11.74; Shanklin,E- $58.70; Sorensen,K-$27.40; Stott,B-$10.58; Stuen,N-$16.96; Sunich,M-$53.48; Thoresen,L- $11.74; Varland,R-$15.80; Voyles,A-$61.60; Alfson,E-$18.70; Baenen, A-$11.16; Blanford,M- $18.70; Bonrud,M-$17.54; Bouska,J-$19.86; Boyd,C-$61.60; Buth,T-$15.80; Cornella,L- $19.86; Culver,C-$18.70; Damberger,M-$16.38; Dobesh,R-$18.70; Ertman,J-$52.90; Evans,B- $59.28; Finkle,K-$18.70; Fischback,K-$12.32; Flanders,V-$14.06; Goodwin,T-$54.64; Gross,K-$10.58; Harrison,T-$50.58; Hayes,D-$61.60; Howard,L-$19.86; Jensen,T-$17.54; Johnson,M-$61.60; Lamb,C-$18.70; Meyer,T-$58.70; Nelson,K-$61.60; Niesent,G-$11.74; Reede,M-$58.70; Sebade,C-$55.80; Selk,J-$21.60; Smith,B-$11.74; Stafford,M-$27.40; Stahl,R- $11.74; Sterzer,A-$51.74; Thornton,D-$12.90; Tripp,M-$18.70; Westerling,K-$21.60; Wright,H-$18.70; Aga,K-$40.30; Boschee,D-$21.74; Core,K-$20.58; Crooks,I-$21.74; Fischer,T-$28.70; Goodrich,B-$21.16; Hammerstrom, N-$27.54; Hardin,T-$46.10; Hodge,S- $31.60; Johnson,K-$28.70; Keifert,L-$28.70; Keifert,T-$28.70; Kellum,R-$28.70; Lauer,M- $20.58; Mccoy,L-$21.74; Petersen,S-$21.74; Richards,T-$28.70; Ruddy,C-$48.42; Ryan,D- $28.70; Ouchstone,C-$20.58; Turbiville,J-$20.58; Williams,C-$28.70; Eide,L-$96.74 Westphal,H-$75.00; Silvernail,G-$95.00; Waisanen,A-$75.00; Mccormick,R-$95.00; Lackey,E- $75.00; Mattson,D-$75.00; Mattern,N-$75.00; Callahan,M-$75.00; Hallinger,R-$75.00; Quaschnick,E-$95.00; Keough,M-$75.00; Aman,B-$75.00; Hovland,A-$95.00; Burleson,A- $75.00; Ridley,R-$95.00; Baker,H-$75.00; Moe,F-$75.00; Taylor,J-$95.00; Montgomery,H- $75.00; Zwingelberg,A-$75.00; Hunt,D-$95.00; Schenk,D-$75.00; Schenk,D-$24.50; Povandra,M-$95.00; Picasso,R-$75.00; Robinson,P-$75.00; Shostrom,J-$75.00; Robidou,E- $75.00; Doran,L-$75.00; Seymour,C-$95.00; Hyde,C-$75.00; Caserio,M-$75.00; Hink,J- $75.00,Vodopich,M-$75.00

ADJOURN: 10:40 a.m. - There being no further business it was Moved-Seconded (Weisenberg-Opitz) to adjourn. Motion Carried.

______DATE

______CONNIE H. DOUGLAS, Chairman ATTEST:

______CONNIE ATKINSON, Auditor LAWRENCE COUNTY COMMISSIONERS MEETING – MAY 8, 2001

Chairman Connie H. Douglas called the regular meeting of the Lawrence County Commissioners to order at 8:00 a.m. on May 8, 2001 in the Administrative Annex Building of the Lawrence County Courthouse located at 90 Sherman Street, Deadwood, SD with Commissioners James J. Seward, Terry Weisenberg, Barbara Mattson and George Opitz present.

All motions were passed by unanimous vote unless stated otherwise.

MEETINGS: The Board changed their June 12 th meeting to June 7 th, 2001.

MINUTES: Moved-Seconded (Seward-Mattson) to approve the 2001 Board of Equalization Minutes and the minutes of April 24, 2001. Motion Carried.

AUDITOR’S ACCOUNT WITH TREASURER REPORT: Moved-Seconded (Weisenberg- Mattson) To accept the following report as read by the Auditor. Motion Carried. Auditor's Account with the County Treasurer: The Auditor's Account with the County Treasurer as of April 30, 2001 showed the following: Total amount of deposits in banks-$12,731,875.49; Total amount of actual cash-$1,000.00; Total amount of Checks and drafts in Treasurer's possession not exceeding three days check deposit in transit)-$2,047,895.71; Total amount of cash in transit in Treasurer's possession (cash deposit in transit)-$10,690.87; Petty Cash-$1,585.00; Total- $14,793,047.07. (NOTE: petty cash includes: Sheriff-$1,000; Reg.of Deeds-$275; Auditor-$100; Hwy & Planning & Zoning-$50; Equalization-$35.; Public Defender, Gen.Govt.Bldgs and Extension-$25). Total amount of deposits in bank include: CD's-$6,250,000.00; Bank Balance- $6,309,329.96; and GNAM's-$172,545.53.

PERSONNEL: WEED: Moved-Seconded (Weisenberg-Seward) to approve Wavey Wells as a temporary part time accounting clerk in the Weed Department at the rate of $7.83 an hour effective May 1, 2001. Motion Carried.

Moved-Seconded (Weisenberg-Mattson) to approve Shane M. Ziegenbein as a seasonal GPS worker at the rate of $8.75 an hour effective April 24, 2001. Motion Carried.

EQUALIZATION: Moved-Seconded (Weisenberg-Mattson) to approve Tammy Otis as an Appraiser I at the base rate of $9.78 an hour effective May 16, 2001. Motion Carried.

Moved-Seconded (Mattson-Seward) to approve the posting for a temporary summer Administrative Clerk in the Equalization Office at $7.66 an hour. Motion Carried.

SHERIFF: Moved-Seconded (Mattson-Opitz) to allow the employees to donate sick leave to James Watts, Sheriff Deputy. Motion Carried.

Moved-Seconded (Opitz-Weisenberg) to allow the two deputies and two guards to be reimbursed for meals, at “in state” rates, during the murder trial in Rapid City. Motion Carried.

EVIDENCE TRAILER: Moved-Seconded (Opitz-Seward) to allow the Sheriff’s Office to contract with Tom Sandvick, to rent his snow mobile trailer to store evidence during the murder trial, after approval of the contract with the States Attorney’s Office. Motion Carried.

TRANSFER OF FUNDS: Moved-Seconded (Opitz-Seward) to transfer $16,000 from the General Fund to the Fire Advisory Fund and to set a supplemental budget hearing for Fire Advisory Machinery on May 22 nd at 8:30 a.m. Motion Carried

COUNTY MEDICAL ASSISTANCE: RM: Moved-Seconded (Seward-Weisenberg) to deny medical assistance to R.M. for $4,026.50 because a hospital notice was not received. Motion Carried.

GH: Moved-Seconded (Opitz-Mattson) to deny medical assistance to GH because they are over the income guideline. Motion Carried.

EXECUTIVE SESSION: Moved-Seconded (Opitz-Weisenberg) to have an executive session for personnel with Darlene Piekkola, Director of Equalization at 8:45 a.m. Moved-Seconded. Opened-9:00 a.m.

TRAVEL REQUESTS: COMMISSION: Moved-Seconded (Opitz-Douglas) to approve the travel request for Marlene Barrett and Connie Douglas to attend the HR2389 Forest Reserve 25% payments meeting in Rapid City on May 16, 2001. Motion Carried.

FIRE ADVISORY: Moved-Seconded (Opitz-Mattson) to approve the travel request for Charles V. Nicholas, Rob Mattox, Rick Clark and Pat Kellogg to attend the Firewise Workshop in Denver, Co. on May 22-26, 2001. Motion Carried.

HIGHWAY: Moved-Seconded (Seward-Mattson) to approve the travel request for Bonnie Porter and Diane Vandenberg to attend the D-Ware Seminar in Pierre, SD on July 30 – August 1, 2001. Motion Carried.

EQUALIZATION: Moved-Seconded (Mattson-Douglas) to approve the travel request for Darlene Piekkola, Les Struble and Jason Writer to include lodging for the SDAAO Conference in Yankton, SD on May 8-11, 2001. Motion Carried.

MILEAGE REIMBURSEMENT RATE: Moved-Seconded (Seward-Opitz) Due to the rising cost of fuel the Board hereby sets the mileage reimbursement at the rate of $.36 (thirty six cents) a mile until further notice.

E911 PROJECT UPDATE: Tom Sandvick updated the Board on the progress of the E911 Project. Sandvick reviewed addresses assigned and stated they are currently working on the Deadwood zip code. Sandvick stated the Atlas has been issued to Emergency / Law Enforcement Services and is in the progress of providing training. Douglas asked Sandvick to provide public service announcements to stress the importance of numbering their residences along with the mail boxes to aid the emergency services in finding the correct residence.

HIGHWAY BIDS: NEW 2001 DUMB BODY AND HOIST: The following bids were received for a new 2001 dump body and hoist: Northern Truck Equipment Corporation - $17,287 and Sanitation Products - $16,996. Moved-Seconded (Opitz-Seward) to follow the recommendation of Chuck Williams, Highway Superintendent, and accept the low bid from Sanitation Products for $16,996. Motion Carried.

NEW 2001 CLASS 8 TANDEM TRUCK CHASIS: The following bids were received for a new 2001 class 8 tandem truck chassis: West River International - $76,240; Eddies Truck & Sales - $73,284. Moved-Seconded (Seward-Weisenberg) to follow the recommendation of Chuck Williams, Highway Superintendent, and accept the Bid from West River International for $76,240 because Eddies Truck & Sales bid did not meet specifications on the truck engine, transmission, radiator and drive lines. Motion Carried.

NEMO ROAD OVERLAY BID DATE: Moved-Seconded (Mattson-Weisenberg) to set the bid opening for proposals on the Nemo Road Overlay Project for June 7 th 2001, at 9:00 a.m.

UTILITY PERMIT: Moved-Seconded (Weisenberg-Seward) to approve the application for utility permit for Lynne Ranae Pohlman on Maitland Road approximately 4.2 miles south from the 3 way stop at Kellogg’s Corner for the construction of a water line for residential usage Motion Carried.

SPEARFISH ECONOMIC LOAN DOCUMENTS: Brian Walker presented the Board with Loan Documents for the Spearfish Economic Development. Moved-Seconded (Opitz-Seward) to authorize the Chairman to sign the Subordination Agreement after review and approval of the States Attorney’s Office. Motion Carried.

PUBLIC HEALTH NURSE REPORT: Denise Rosenberger presented the Board with the Jan- Mar, 2001 quarterly report, reviewing the following: Family Planning Services – 186 caseload in Deadwood. WIC caseload in Spearfish –320; Deadwood-129. MCH (Maternal Child Health) 20- 25 clients in Spearfish and 12 clients in Deadwood.

MEDICAL ASSISTANCE APPEAL HEARING: An appeal hearing on PY’s denial for medical assistance was heard. PY provided a letter from the Doctor stating it was an emergency service, therefore not allowing time to apply for assistance prior to hospitalization. Provided a release of information form sent to the County and a letter stating she did not have health insurance available to her. PY stated she was not employed and was living on her income tax money because she was not eligible for any other assistance. PY stated she would be starting a new job on June 18 th , 2001. PY explained why she quit working for her previous employer. The Board reviewed the documentation received. Moved-Seconded (Mattson-Weisenberg) to deny medical assistance to PY because the proper notice of hospitalization was not received. A release of patient information does not meet SDCL 28-13-34.1. Motion Carried.

WHARF TECHNICAL REVISION: Carol Koerner and Kevin Harris were present to answer questions on Wharf’s Technical Revision to State Mine Permit No. 464 – The addition of contiguous affected land within the permit boundary – American Eagle. Wharf Resources is requesting approval for 22.3 acre expansion of the Trojan Pit, called the American Eagle. Within the American Eagle 4.7 acres were previously permitted by the technical revision relocating the Trojan haul road. The amount of new land to be affected by the American Eagle is 17.6 acres. The amount of contiguous land that can be affected through technical revisions under State Mine Permit #464 equals 55.80 acres (20% of the originally permitted 279 acres of affected land). Previous technical revisions have permitted 11 additional acres within the boundaries of State Mine Permit 464. If the American Eagle is approved, 27.2 acres will remain available under State Mine Permit #464 for permitting through technical revisions. Opitz asked to do an onsite of the area before the Board makes any decisions. An onsite will be scheduled and the Board will discuss at a future meeting. Jack Cole was present and asked the Board for time during a future meeting to discuss this issue and others.

PUBLIC HEARING - REQUEST FOR CHANGE OF ZONING #211 – RANDY O’NEILL: A public hearing was held on a request for Change of Zoning #211 to allow for a presidents park. LEGAL: Evangeline No. 1 and No. 2 of M.S. 1168 located in the SW¼ of Section 18, T4N, R3E, B.H.M., Lawrence County, South Dakota. LOCATION: Deer Mountain. PRESENT ZONE: PF – Park Forest District. PROPOSED ZONE: RC – Recreation Commercial District.

Randy O’Neilll gave a presentation on the proposed Black Hills Presidents Park. A booklet of information on the proposal is on file at the Lawrence County Auditor’s Office. The facility will feature the busts of all 42 presidents, a visitors and education center, and a parking area. David Adickes, the sculpture was present for the presentation and to answer questions.

Erik Birk, Planning and Zoning Director, reported to the Board that Planning and Zoning Board recommended approval of Change of Zoning #211 – To allow for a presidents park.

Douglas opened the hearing up for public input. Birk presented correspondence from Dawn Laskowski in support of the project. Sherman Teigen stated he was also in support of the project. Joyce Carlson, C.C. Erbele and Mr. Mammenga were in the audience and voiced concerns in opposition to the project. Concerns were traffic on the road, impact to the road, spot zoning, commercialization of the neighborhood and the impact on the quality of life in the neighborhood. Carlson suggested the Board handle this with a Conditional Use Permit and not a Change of Zoning. discussion followed on the road and a possible road district and Conditional Use Permit vs Change of Zoning.

Douglas closed the public hearing. Seward questioned O’Neill about surfacing the road to the proposed park. O’Neill stated he would check into the costs of improving the section of road. Seward stated he felt the three tenths of a mile needs to be paved at the developers expense.

Moved-Seconded (Mattson-Weisenberg) to follow Planning and Zoning recommendation and adopt the following Ordinance and approve change of zoning #211 – to allow for a presidents park. Motion Carried.

An Ordinance Amending Lawrence County Zoning Ordinance Number One and Approving Change of Zoning #211 from PF – Park Forest District to RC – Recreation Commercial District to allow for a Presidents Park. Pursuant to a Petition of Randy O’Neill for a Change of Zoning of a tract of land located in Lawrence County, South Dakota and pursuant to notice thereof having been given by publication of such as required by law, and pursuant to notice having been given to adjacent landowners by certified mail as required by law, and pursuant to the favorable recommendation of the Lawrence County Commission. BE IT ORDAINED: By Lawrence County, South Dakota, that the boundaries of P-F - Park Forest District as established by the Lawrence County Zoning Ordinance One, be amended so as to remove the following described real property, to-wit: Evangeline No. 1 and No. 2 of M.S. 1168 located in the SW¼ of Section 18, T4N, R3E, B.H.M., Lawrence County, South Dakota. from the P-F - Park Forest District and include it in the RC – Recreation Commercial District. This amendment will become effective on the twentieth (20th) day following publication. CONNIE H. DOUGLAS, Lawrence County Commission Chairperson; CHRIS MADSEN, Deputy States Attorney; ATTEST: CONNIE ATKINSON, Lawrence County Auditor

PUBLIC HEARING - REQUEST FOR CHANGE OF ZONING #208 – DOUG BECHEN: A public hearing was held on a request for change of zoning #208 – Doug Bechen – To allow for subdividing the land. LEGAL: Lot 2 of T and M Subdivision of Section 16, T6N, R4E, B.H.M. LOCATION: Approximately ¾ mile north of Whitewood along the east side of Highway 34. PRESENT ZONE: A-1 General Agriculture District. PROPOSED ZONE: RR – Rural Residential District. Moved-Seconded (Seward-Weisenberg) to follow Planning and Zoning recommendation and adopt the following Ordinance and approve change of zoning #208 – Doug Bechen – To allow for subdividing the land. Motion Carried.

An Ordinance Amending Lawrence County Zoning Ordinance Number One and Approving Change of Zoning #208 from A-1 General Agriculture District to RR - Rural Residential District to allow for subdividing the land. Pursuant to a Petition of Doug Bechen for a Change of Zoning of a tract of land located in Lawrence County, South Dakota and pursuant to notice thereof having been given by publication of such as required by law, and pursuant to notice having been given to adjacent landowners by certified mail as required by law, and pursuant to the favorable recommendation of the Lawrence County Planning Commission. BE IT ORDAINED: By Lawrence County, South Dakota, that the boundaries of A-I General Agriculture District as established by the Lawrence County Zoning Ordinance One, be amended so as to remove the following described real property, to-wit: Lot 2 of T and M Subdivision in Section 16, T6N, R4E, B.H.M. from the A-1 - General Agriculture District and include it in the RR –Rural Residential District. This amendment will become effective on the twentieth (20th) day following publication. CONNIE H. DOUGLAS, Lawrence County Commission Chairperson; CHRIS MADSEN, Deputy States Attorney; ATTEST: CONNIE ATKINSON, Lawrence County Auditor

PUBLIC HEARING - REQUEST FOR CHANGE OF ZONING #209 – ELKHORN RIDGE GUEST LODGING : A public hearing was held on a request for change of zoning #209 – Elkhorn Ridge Guest Lodge to allow for hotel development to occur on the land. LEGAL: That portion of the S½ of Section 15, lying south of Interstate I-90, east of Highway 85 and north of the centerline of Miller Creek, all located in T6N, R3E, B.H.M., Lawrence County, South Dakota. LOCATION: South of Interstate I-90 and Exit 17 on-ramp area. PRESENT ZONE: A-1 - General Agriculture District. PROPOSED ZONE: HSC - Highway Service Commercial District.

Trishia Mutchler, court reporter, was present for the public hearing.

Patrick Wyss gave a presentation on the proposed Elkhorn Ridge Guest Lodging. A booklet of information on the proposal is on file at the Lawrence County Auditor’s Office. Darrell Propp was present and discussed plans for the future.

Erik Birk, Planning and Zoning Director, reported to the Board that Planning and Zoning Board recommended approval of Change of Zoning #209 – Elkhorn Ridge Guest Lodging on April 5, 2001.

Douglas opened the hearing up for public input and various proponents for the Elkhorn Ridge Guest Lodge were heard. Reed Richards spoke in opposition of the project.

Douglas closed the public hearing. Moved-Seconded (Weisenberg-Mattson) To table the decision on Change of Zoning #209 – Elkhorn Ridge Guest Lodging for 60 days per the request from Roger A. Tellinghuisen, Attorney for Frawley Ranches, Inc.. Motion Carried.

PUBLIC HEARING - REQUEST FOR CHANGE OF ZONING #210 - ELKHORN RIDGE SERVICE CENTER : - A public hearing was held on a request for change of zoning #210 – Elkhorn Ridge Service Center to allow for a highway service center - retail development to occur on the land. LEGAL: That portion of the E½SW¼ of Section 15, lying south of Interstate I-90, west of Highway 85 and north of the centerline of Miller Creek, all located in T6N, R3E, B.H.M., Lawrence County, South Dakota. LOCATION: South of Interstate I-90 and Exit 17 off-ramp area. PRESENT ZONE: A-1 - General Agriculture District. PROPOSED ZONE: HSC - Highway Service Commercial District.

Trishia Mutchler, court reporter, was present for the public hearing.

Patrick Wyss gave a presentation on the proposed Elkhorn Ridge Service Center. A booklet of information on the proposal is on file at the Lawrence County Auditor’s Office.

Erik Birk, Planning and Zoning Director, reported to the Board that Planning and Zoning Board recommended approval of Change of Zoning #210 – Elkhorn Ridge Service Center on April 5, 2001.

Douglas opened the hearing up for public input. Douglas closed the public hearing. Moved- Seconded (Weisenberg-Mattson) To table the decision on Change of Zoning #210 – Elkhorn Ridge Service Center for 60 days per the request from Roger A. Tellinghuisen, Attorney for Frawley Ranches, Inc.. Motion Carried.

BILLS: Moved-Seconded (Weisenberg-Mattson) to approve payment and authorize the Chairman to sign the following vouchers drawn on the proper funds. Motion Carried. Opitz absent. Payroll: Comm-$3,029.44; Aud-$4,405.21; Treas-$6,849.26; Comp-$4,245.02; States Atty- $9,213.16; Pub Def-$5,602.43; Gen.Govt.Bldg-$4,595.39; Equal-$8,562.98; Deeds-$5,249.53; Vso-$670.88; Dispatch-$8,896.67; Sher-$24,051.23; Jail-$12,562.00; Emergency Management Fund-$1,426.21; E911-$1,099.12; Highway Fund-$27,948.49; Exten-$1,145.84l Soil-$551.48; Weed-$1,166.67; Planning & Zoning-$2,352.49; All Of These Bills Were Drawn From The General Fund Unless Otherwise Noted: Black Hills Rc&D: Comm Trvl-$5.00; Domestic Crisis Outreach: Domestic Abuse-$266.25; Hutchens, J: States Atty Wit-$324.80; Qwest: Elections-$84.20; Victims Of Violence: Domestic Abuse-$266.25; Wolf,D: States Atty Wit- $185.60; Worldcomm Mci Inc: Various Util-$549.39; American Family Life Inc: Various Life- $774.26; Highway Fund-$335.84; Emergency Management Fund-$52.70; Bh Federal Credit Union: Various Pay Ded-$5,174.00; Highway Fund-$1,214.29; Best Western Kelly Inn: Equal Trvl-$345.00; Blue Cross: Various Hlth-$20,486.00; Highway Fund-$8,914.00; Various Life- $734.19; Highway Fund-$213.45; Emergency Management Fund-$11.13; Deadwood Recreation Center: Various Pay Ded-$77.00; Dept.Of The Treasury: Various Fit-$10,233.73; Highway Fund-$2,903.53; Emergency Management Fund-$163.69; E911 Fund-$140.12; Various Medi- $2,847.62; Highway Fund-$747.82; Emergency Management Fund-$40.60; E911 Fund-$31.88; Various Oasi-$12,175.64; Highway Fund-$3,197.52; Emergency Management Fund-$173.58; E911 Fund-$136.30; Gunnels, Amelia: Pub Def Prof Serv-$50.00; Nh Family Ymca: Various Pay Ded-$410.00; Highway Fund-$52.00; Office Of Child Support: Highway Fund-$284.50; Queen City Medical Center: Jail Salary-$50.00; Sd State Treasurer: Mh Serv: $599.74; Predatory Animal-$762.54; Sd Supplemental Retirement: Various Supp Ret-$691.50; Highway

Fund-$171.00; Emergency Management Fund-$25.00; State Disbursement Unit/169763: Jail Salary-$60.00; Baloun, T: Pub Def/In State Trvl-$74.82; Black, S: E911 Conf Bismarck-$43.00; Easter, L: E911 Conf Bismarck-$43.00; Fitzgerald, J: States Atty Trvl-$261.00; Hamilton, M: E911 Conf Bismarck-$43.00; Kosel, J: Pub Def Trvl-$16.24; Locken, W: Vso Trvl-$91.64; Mowell, R: Jail Bd Pris-$9,085.50; Muchow, H: Emergency Management Trvl-$121.80; Nelson, K: E911 Conf Bismarck-$43.00; Outka, B: States Atty Trvl-$29.00; Sandvick, T: E911 Conf Bismarck-$719.89; White, R: E911 Sioux Falls Conf-$80.00: 3com Corporation – Parts: States Atty Supp-$11.00; A&B Busines Equipment, Inc: Deeds Repair Mantenance Agreement- $464.00; A&B Welding Supply Inc: Highway Fund Supp-$109.23; Aaa Mighty Clean: Sher Trvl-$32.00; Abc Business Supply Corp: Various Supp-$443.46; Emergency Management Fund- $25.67; Ag Communications Center: Exten Misc Exp-$12.84; Amcon Distributing: Jail Comm- $217.99; American Red Cross: Disp Supp-$27.00; At&T: Highway Fund Util-$12.21; Bh Chemical Company Inc: Jail Supp-$1,504.45; Gen.Govt.Bldg Supp-$728.85; Bh Elevator Systems Inc: Gen.Govt.Bldg Contracts-$402.04; Bh Federal Credit Union: Sher Supp-$9.00; Bh Medical Ctr Pharmacy Inc: Jail Med-$620.80; Ca Meds-$260.57; Bh Pioneer Inc: Various Ads- $767.92; Highway Fund-$27.16; Bh Power & Light, Rapid: Gen.Govt.Bldg Util-$154.78; Emergency Management Fund-$8.85; Sher Ut-$8.84; Highway Fund-$1,095.51; Fire Advisory Fund-$8.85; Bh Travel Agency: States Atty Trvl-$1,721.00; Best Business Prod. Inc: Highway Fund-$30.90; Best Western Kings Inn: Weed Trvl-$52.00; Best Western Ramkota Inn: Equal Trvl-$110.00; Bickle's Truck & Diesel: Highway Fund-$10.48; Binder, Tracy: Various Crt Report-$4,518.00; Blackinton, J G Phd: Crts Therapy-$35.00; Burrly's Lube: Various Trvl- $101.85; Business Aviation Inc: Airport Repairs-$59.40; Butler Machinery Co. Inc: Highway Fund Supp-$135.00; Butte Electric Coop., Inc: Weed Util-$15.00; Highway Fund-$388.63; Cardinal Printing: Jail Comm-$130.07; Cellular One: Emergency Management Fund Util- $42.09; Equal Util-$28.06; Central Parts: Highway Fund Supp-$241.02; Chaput Funeral Home Inc: Ca Funeral-$1,170.00; Chavez, G: Jail Supp-$25.00; Christensen Law Office: Caa-$794.90; City/County Alcohol &Drug: Jail Blood-$665.00; Claims Associates Inc: Ins Pub-$1,000.00; Coburn Insurance Agency: Ins Incr Airport Liab-$565.00; Conoco: Sher Trvl-$531.36; Corral West: Sher Supp-$26.95; Culligan Soft Water Serv Inc: Various Supp-$90.00; Cvd Construction Inc: Airport Cap Imp-$26,000.00; D Ware Inc: Highway Fund Trvl-$110.00; Dakota Laser Tech: Exten Supp-$20.00; Deadwood Supply Inc: Gen.Govt.Bldg Repair-$134.63; Deadwood, City Of: Gen.Govt.Bldg Util-$478.65; Highway Fund-$48.20; Deckers Food Inc: Jail Supp-$42.14; Delorme Inc: Emergency Management/Sr Fund-$106.95; Ellingson,Joseph E: Caa-$281.56; Extension Service #376287: Exten Trvl-$627.71; Fox, Youngberg & Lewno Pc: Mh Serv- $159.62; Franks, Ronald D: States Atty Pser-$4,358.66; Frederickson, John R Inc: Caa- $1,346.25; Freilich Leitner & Carlisle: Comm Comp Plan Review-$756.00; Frontier Precision Inc: Weed Supp-$581.03; Fuller, Tellinghuisen, Gordon: Mh Board-$67.00; Gall's Inc: Sher Supp-$160.98; Golden West Teltech Inc: Sher Util-$37.50; Great Western Tire Inc: Sher Trvl- $156.10; Greens Alignment: Sher Trvl-$28.09; Heisler Hardware Inc: Highway Fund Supp- $21.43; Herd's Ribbon Reinking: Disp Supp-$96.78; Hills Material Comp. Inc: Hwy Brdg Res- $16,305.82; Highway Fund-$655.56; Hills Tire And Supply Inc: Highway Fund Supp-$559.06; Ikon Office Solutions Inc: Various Supp-$257.82; John's Welding: Highway Fund-$40.00; Johnson Ford Inc: Various Trvl & Repairs-$231.28; Highway Fund-$150.00; Johnson, D: Jail Bl00d-$140.00; K Mart 3893: Various Supp-$21.92; Kadrmas, Lee And Jackson Inc: Air Cap Imp-$201.19; Karpinen, S: Jail Blood-$210.00; Kinney & Koch, Llp: Caa-$356.54; Lc Public Health: Nurses May Allotment-$2,208.00; Lc Sheriff: Sher Trvl-$12.13; Lee, James: Gen.Govt.Bldg Contracts: $15.00; Lead-Deadwood Sanitary: Highway Fund Util-$13.00; Gen.Govt.Bldg Util-$187.84; Linn Productions: States Atty Pser-$100.00; Mpts Law & Justice Center: Sher Trvl-$190.00; Mailworks Plus: Comp Rep-$30.75; Matthew Bender & Co. Inc: Pub Def Books-$52.00; May,Johnson,Doyle& Becker Inc: Caa-$874.01; Mcleod's Office Supply Inc: Equal Supp-$39.69; Meade County Sheriff: States Atty Pser-$8.10; Minnehaha County Sheriff: Pub Def Prof Serv-$16.50; Montana-Dakota Util. Dwd: Various Util-$4,119.00; Highway Fund- $856.85; Morman Law Firm: Pub Def Prof Serv-$1,318.10; Muller, D: Coroner Report & Trvl- $186.18; Mutchler,Tricia L: Crt Report-$203.25; Muth Electric Inc: Airport Repairs-$1,012.18; Nh Plaza : Soil Supp & Rent-$283.75; Nada Appraisal Guides Inc: Treas Supp-$89.00; Nicholas, C: Jail Blood-$35.00; Novus: Highway Fund Supp-$80.00; Office Max #511: Emergency Management Fund Supp-$589.97; Office Technology/Supply: Equal Supp-$38.00; Pamida: Jail Med-$137.28; Pennington Co. Jail: Jail Bd Pris-$350.00; Pennington County Sts.Attny: Mh Serv-$200.00; Phillips Petroleum Co. Inc: Sher Trvl-$40.11; Pitney Bowes, Inc.: Postage- $124.97; Porter Law Office Pc: Caa-$217.75; Postmaster, Deadwood: Postage-$4,000.00;

Postmaster, Spearfish: Weed Supp-$38.00; Qwest: Highway Fund Util-$49.56; Emergency Management Fund-$42.50; Radio Shack: Various Supp-$1,185.94; Reliable Inc: Deeds Supp- $62.42; Reindl, Staci: Caa-$1,515.78; Sd Emergency Mngt Association: Emergency Management Trvl-$120.00; Sd Federal Property Agency: Emergency Management Fund Mnt- $120.00; Sd Public Assur Alliance: Ins/Incr Liab Limits-$12,569.00; Sand Creek Printing Inc: Weed Supp-$59.40; Sanito Oil, Inc.: Highway Fund Supp-$4,092.67; Sher Trvl-$1,013.52; Schmidt, Harlan A.: Windstorm Legal Services-$99.74; Schultz, T: Jail Blood-$70.00; Servall Towel & Linen,Inc: Gen.Govt.Bldg Contracts-$166.84; Spearfish Auto Supply Inc: Various Supp-$139.97; Highway Fund-$614.26; Super 8 Motel: E911-$273.94; Telcomco Communications: Sher Util-$59.75; E911-$23.90; Texaco, Inc: Sher Trvl-$99.86; Triple K Tire & Repair: Highway Fund Supp-$548.80; Twin City Hardware & Lumber: Various Supp- $330.87; Walmart Store Inc: Various Supp-$127.76; Waste Connections, Inc.: Gen.Govt.Bldg Util-$197.00; West Group: Law Lib-$1,037.75; Western Communication Inc: Sher Radio- $590.29; Highway Fund-$294.10; Williams & Associates Inc: Highway Fund Shop-$38,090.00; Williams Standard Serv: Sher Trvl-$18.85; Worldcomm Mci Inc: Highway Fund Util-$5.70; Young's Hardware Hank: Gen.Govt.Bldg Supp-$156.94; Ziegler Building Center Inc: Highway Fund Supp-$27.75; Turbiville, J: E911-Conf-$80.00

ADJOURN: 2:38 p.m. - There being no further business it was Moved-Seconded (Seward- Douglas) to adjourn. Motion Carried.

______DATE

______CONNIE H. DOUGLAS, Chairperson ATTEST:

______CONNIE ATKINSON, Auditor LAWRENCE COUNTY COMMISSIONERS MEETING – MAY 22, 2001

Chairperson Connie H. Douglas called the regular meeting of the Lawrence County Commissioners to order at 8:00 a.m. on May 22, 2001 in the Administrative Annex Building of the Lawrence County Courthouse located at 90 Sherman Street, Deadwood, SD with Commissioners James J. Seward, Terry Weisenberg, Barbara Mattson and George Opitz present. Douglas absent 1:30 p.m. thru adjournment.

All motions were passed by unanimous vote unless stated otherwise.

MINUTES: Moved-Seconded (Opitz-Mattson) to approve the minutes of May 8, 2001. Motion Carried.

PERSONNEL: WEED: Moved-Seconded (Weisenberg-Mattson) to approve Michael Gavle as a temporary seasonal weed sprayer at $10.00 an hour, effective May 9, 2001; approve Brian Johnson as a temporary seasonal weed sprayer at $10.00 an hour, effective May 9, 2001; approve Anthony Speiser as a temporary seasonal weed sprayer at $9.00 an hour, effective May 9, 2001. Motion Carried.

Moved-Seconded (Seward-Weisenberg) to approve Shane Ziegenbein at $9.50 an hour effective May 16, 2001. Motion Carried.

REGISTER OF DEEDS: Moved-Seconded (Weisenberg-Mattson) to approve Laurie Fisher as a Records Clerk III Step 2 at $8.15 an hour base effective May 29, 2001. Motion Carried.

PUBLIC DEFENDER: Moved-Seconded (Opitz-Seward) to accept the resignation of Tom Baloun, effective July 1, 2001 and allow the advertisement of a full-time paralegal/investigator at the rate of $11.47-$13.00 an hour. Motion Carried. Douglas Absent.

SHERIFF: Moved-Seconded (Weisenberg-Seward) to approve Curt Weber as a temporary special deputy for the Sheriff’s Office at $10.00 an hour effective May 22, 2001. Motion Carried. Douglas Absent.

TRAVEL REQUESTS: COMPUTER: Moved-Seconded (Seward-Weisenberg) to approve the travel request for Randall McGruder to attend the D.M. Data Corp. Systems Administrator’s Course in New Jersey on June 23 – 30, 2001. Motion Carried.

FOREST ISSUES: The Board discussed the Clinton Roadless Rule and was in agreement to send a letter to Governor William Janklow requesting that the State consider filing a lawsuit or joining other states to stop the implementation of the Clinton Roadless Rule.

STATE FORESTRY FIRE AGREEMENTS: Moved-Seconded (Opitz-Seward) to approve and authorize the Chairman to sign the 2001 In-State Forest Fire Suppression Agreement for the State of South Dakota with Bear Ridge, Brownsville VFD, Nemo VFD and Cheyenne Crossing VFD. Motion Carried.

CAMPGROUND PATROL AGREEMENT: Moved-Seconded (Opitz-Seward) to approve and authorize the Chairman to sign the 2001 Operating and Financial Plan Reimbursable Services Requested by the Forest Service (campground patrol agreement) at the rate of $12.00 per hour and .35 per mile but not to exceed $4,000 per annum. Motion Carried.

COUNTY LAND SALE: the Auditor read the following report: LAWRENCE COUNTY REPORT OF CASH SALE: Comes now Connie Atkinson, duly elected, qualified and acting County Auditor of Lawrence County, South Dakota, reports to the Lawrence County Board of Commissioners as follows: That on the 24th day of April 2001, the above named Board did, by Resolution, deem it advisable and the Auditor to sell the real property described as follows: (1) Lot 319 East Summit Street being a portion of M.S. 514, M.S. 258, M.S. 260, M.S. 723, M.S. 105 and M.S. 1395, Crown Point Addition, Lead, SD. (319 E. Summit) (2) Portion of Lot 14, Blk 36 lying South of Addie Street, Original Town Lead, SD. (321 W. Addie) That the Auditor caused the above-described property to be appraised by the Board of Commissioners' of Lawrence County, South Dakota; That thereafter on May 3rd & 10th, 2001 said Notice was published in the official papers as follows: B.H. Pioneer and Lawrence County Centennial, That on the date of sale, to-wit: May 17, 2001, at the hour of 9:00 o’clock a.m. of said day, in the lobby of the Administrative Office Building, 90 Sherman Street in the City of Deadwood, South Dakota, Connie Atkinson, Lawrence County Auditor, offered said property for sale at public auction to the highest bidder. (1) Lynnette L. Robinson , 19410 Eureka Ave, Farmington MN, 55024, was the highest bidder for 319 East Summit St., Lead, SD and bid the sum of Four Thousand Six Hundred Dollars ($4,600.00), plus costs of Twenty Dollars ($20.00) for a total of Four Thousand Six Hundred Twenty Dollars ($4,620.00). (2) Jenny N. Runyan , 273 Oak Ridge Road, Spearfish SD, 57783, was the highest bidder for 321 W. Addie, Lead, SD, bid the sum of One Thousand Two Hundred Fifty Dollars ($1,250.00), plus costs of Twenty Dollars ($20.00) for a total of One Thousand Two Hundred Seventy Dollars ($1,270.00). The County Auditor further reports that the full amount was deposited with the County Treasurer of Lawrence County, South Dakota.

RESOLUTION #01-14 APPROVING CASH SALE: Moved-Seconded (Weisenberg-Seward) to approve the following Resolution #01-14 Approving Cash Sale and authorize the Chairperson to sign the Quit Claim Deeds. Motion Carried.

LAWRENCE COUNTY RESOLUTION #01-14 APPROVING CASH SALE: WHEREAS , the Board of Commissioners by Resolution, authorized the sale of the below described tax deed real property, and it appearing that pursuant to Resolution, the property has been appraised, notice of sale prepared and published, and sale conducted, as by law provided, and a report of sale made to this Board at the first meeting following date of sale and; it appearing that said Real Property was sold for fair price and in the best interests of Lawrence County and should be approved. WHEREAS, the property was sold to the following purchasers for the said amount: (1) Lynnette L. Robinson , 19410 Eureka Ave, Farmington MN, 55024, was the highest bidder for 319 East Summit St., Lead, SD and bid the sum of Four Thousand Six Hundred Dollars ($4,600.00), plus costs of Twenty Dollars ($20.00) for a total of Four Thousand Six Hundred Twenty Dollars ($4,620.00). (2) Jenny N. Runyan , 273 Oak Ridge Road, Spearfish SD, 57783, was the highest bidder for 321 W. Addie, Lead, SD bid the sum of One Thousand Two Hundred Fifty Dollars ($1,250.00), plus costs of Twenty Dollars ($20.00) for a total of One Thousand Two Hundred Seventy Dollars ($1,270.00). NOW, THEREFORE, It is by the Board of Commissioners of Lawrence County, South Dakota. BE IT RESOLVED that the full amount has been paid to the Lawrence County Treasurer, prior to the date hereof, and the sale on the 17th day of May, 2001 be approved in all respects, and It is further resolved and ordered that a proper conveyance, namely a Quit Claim Deed, be delivered to the purchaser (s) thereof, which conveyance shall be executed in the name of the County of Lawrence; by the Chairman of the Board of Lawrence County Commissioners and attested by the County Auditor, and which conveyance shall vest in the grantee all of the right, title and interest of said Lawrence County, in and to such real property herein described and every part thereof. Dated this 22 nd day of May 2001. BOARD OF COUNTY COMMISSIONERS: Connie H. Douglas, Chair; James Seward, Barbara Mattson, George Opitz, and Terry Weisenberg. ATTEST: Connie Atkinson, AUDITOR

RESOLUTION #01-17 TO ADOPT A SUPPLEMENTAL BUDGET: Moved-Seconded (Opitz-Seward) to approve the following Resolution #01-17 to Adopt A Supplemental Budget. Motion Carried. RESOLUTION #01-17 T0 ADOPT A SUPPLEMENTAL BUDGET WHEREAS , the County Budget for Lawrence County, South Dakota, for the fiscal year 2001, failed to provide sufficient revenue to enable the County to conduct the indispensable functions of Government, and WHEREAS , the Board of County Commissioners of said County deems it necessary to make a Supplementary Budget, providing for appropriation in the amounts set out below. NOW, THEREFORE , be it RESOLVED THAT SAID BOARD , make, approve and adopt a Supplemental Budget for Lawrence County, South Dakota, for the year 2001, and that in said budget there will be and is hereby appropriated the following sum of money, to-wit: FIRE ADVISORY FUND - MACHINERY - $16,000.00. The funds for the above amounts are to be provided from unappropriated cash balances and estimated revenue in the designated Fund. Be it further RESOLVED that a hearing was held on the 22 ND day of May, 2001 at the hour of 8:30 o'clock, a.m. in the Commissioners' Room in the Administrative Office Building at 90 Sherman Street, Deadwood, Lawrence County, South Dakota, and that said Notice of Hearing was posted according to law, SDCL 7-21-22. IN WITNESS WHEREOF, we have hereunto set our hands and official seal of Lawrence County, this 22 nd day of May 2001. BOARD OF COUNTY COMMISSIONERS: Connie H. Douglas, Chair; James Seward, Barbara Mattson, George Opitz, and Terry Weisenberg. ATTEST: Connie Atkinson, AUDITOR

SUPPLEMENTAL BUDGET: Moved-Seconded (Opitz-Weisenberg) to set a supplemental budget hearing for June 26, 2001 at 9:30 a.m. for General Fund – Elections $3,000 and Emergency Management Fund – Communications - $47,914. Motion Carried.

HIGHWAY BUSINESS: UTILITY PERMIT: Moved Seconded (Opitz-Mattson) to approve the Application for Utility Permit for St.Onge Sewer and Water Company on the St. Onge Oil Road approximately .6 miles south from St. Onge Store for construction of sewer facilities. Motion Carried.

TERRY PEAK TOWER CONSTRUCTION: Howard Muchow updated the Board on the progress of the Terry Peak Tower Construction. Muchow stated the tower had been received and stated they hope to begin digging this week to prepare for the pad.

HVAC SYSTEM UPDATE: Rick Frerich updated the Board on the HVAC System. Frerich stated the completion date on the project was April 20, 2001 and the system in the basement has been calibrated. Frerich stated they are now working on the main and second floor. The system is running to specs.

ABATEMENTS:

LAWRENCE COUNTY: Moved-Seconded (Mattson-Douglas) to approve the abatement for Lawrence County on Parcel #31090-03600-140-10 on portion of Lot 14, Blk 36 lying south of Addie Street, Original Town Lead (321 W. Addie). This property was taken for tax deed. Motion Carried.

ROBERTSON, DARLENE: Moved-Seconded (Opitz-Seward) to approve the abatement for Darlene Robertson on MH Key #03560 on a Friendship Mobile Home because it was moved to Gillette, WY on May 1, 2001. Motion Carried.

RESOLUTION #01-15 TO ESTABLISH OFFICIAL DEPOSITORIES: Moved-Seconded (Seward-Mattson) to approve the following Resolution #01-15 to Establish Official Depositories in Lawrence County. Motion Carried. RESOLUTION 01- 15 ESTABLISH OFFICIAL DEPOSITORIES: Whereas, SDCL 7-20-13 requires the County Board of Commissioners to approve the designation of each depository for the deposit of County funds, and Whereas, several different financial institutions are doing business in Lawrence County and meet the requirements established under SDCL Chapter 7-20, and Whereas, the Lawrence County Treasurer has requested the following financial institutions be designated as official depositories for the fiscal year 2001: Wells Fargo-South Dakota 721 Main St. Deadwood, SD; First Western Bank 696 Main St. Deadwood, SD; First National Bank 300 West Main St. Lead, SD; Pioneer Bank 140 E Jackson Blvd Spearfish, SD; and Rushmore Bank & Trust 526 Main St. Spearfish, SD; and Be It Therefore Resolved, that the Lawrence County Board of Commissioners designates the above named financial institutions as official depositories for Lawrence County for the fiscal year 2001. Dated this 22 nd day of May 2001. BOARD OF COUNTY COMMISSIONERS: Connie H. Douglas, Chair; James Seward, Barbara Mattson, George Opitz, and Terry Weisenberg. ATTEST: Connie Atkinson, AUDITOR

HEAP LEACH MINING & SUPERFUND / JACK COLE: Jack Cole presented his comments on the impacts of heap leach mining on Lawrence County Citizens and an update on the E.P.A. “Superfund”. Cole spoke on the uncertainty as to the future availability of Superfund financing for Brohm and any new projects. Cole stated concerns on the reclamation bond setting practices by the SD Board of Minerals and Environment. Cole asked the Board to assemble their questions and suggestions, on the information packet presented, and then contact him. He asked the Board to rethink their dependence on the SD Board of Minerals & Environment and their associates in Pierre for protection of water supplies and natural beauty. Cole asked the Board to put mining back on the table in writing of the appropriate ordinance for Lawrence County.

ANNUAL REVIEW CUP #185 / H&S GRAVEL PIT (HALL & SEAMAN): CUP #185 is to allow a small scale gravel and rock quarry, located on the Englewood Road. Dick Seaman, V.P., stated they currently have approximately 6000 tons of crushed material on hand from last year. They are planning on crushing again by mid-summer but no firm contract has been signed with a crushing company. They are still working on the original 2.7 acres that were originally disturbed. The long-range plan is to remove the original hill so the sharp curve in the road can be modified to a safer road and make room to develop other areas west of their pit. CUP #185 was found in compliance and will be reviewed on an annual basis.

ANNUAL REVIEW CUP #258 / RANDY O’NEILL, DAKOTA MANAGEMENT GROUP: An annual review was held on Conditional Use Permit #258 for Randy O’Neill, Dakota Management Group for Deer Mountain Campground. O’Neill stated the Campground would be opening on June 15 th 2001. This will be the first year of operation for the Campground. The Board asked Birk to check the Campground on June 15 th to verify all conditions are complied with. This will be reviewed again next year.

Moved-Seconded (Opitz-Mattson) to amend conditions 8 & 13 of Conditional Use Permit #258 to reflect the State Health Department instead of the Lawrence County Health Department. Motion Carried.

HOMESTAKE LAND DISPOSAL / BESANT PARK LAND ACQUISITION: Pamela Brown, B.H. National Forest and Mike Mueller, Rocky Mountain Elk Foundation updated the Board on the recent purchase of the Besant Park Land. This property consists of 79.62 acres, was purchased for $125,000 and will be conveyed to the Forest Service. This land is surrounded by Forest Service Land. Brown stated this land would be purchased with funds received from a sale of land on Terry Peak. Mueller explained the process and purpose of the Foundation. Mueller stated the Black Hills Conservation Initiative was formed to raise awareness and educate people on issues in the area.

Fonville Kelly raised concerns on the loss of tax base when the property exchanges hands to the Forest Service. Sherry Kelly raised concerns that the Forest Service is acquiring land and they are not able to manage the property they currently have. Mueller stated the Forest Service pays PILT funds instead of property tax.

Mueller stated they are currently looking at the Tillson Springs property from Homestake. This property is approximately 100-110 acres. Brown stated they have meet with Homestake concerning issues of the Homestake Land Disposal but nothing has been finalized and no decisions have been made.

ANNUAL REVIEW HOMESTAKE MINING CONDITIONAL USE PERMIT #124 & 144: The annual review was held for Homestake Mining Company Conditional Use Permit #124 and 144. Matt Zietlow, Environmental Director, presented the Board with an annual review report. (Report on file at the Lawrence County Auditor’s Office 90 Sherman Street, Deadwood S.D.) Mining has ceased at the open cut. CUP #124 & 144 was found in compliance and will be reviewed on an annual basis.

NORTHERN HILLS ALCOHOL & DRUG PROGRAM UPDATE: Mary Wood-Fossen, Northern Hills Drug Services Director, was present and provided an update on the services they provide to Lawrence County. From June 2000 through March 2001 they served total of 419 clients from Lawrence County. Services included: initial alcohol/drug assessment, referrals within the program to include adult intensive outpatient treatment (54 hour evening program); inpatient treatment; individual outpatient treatment; DUI education classes; youth diversion class; continued care for individuals who have completed inpatient treatment. The main office is located in Sturgis and they have satellite office in Spearfish.

EASEMENT & PLAT / SPEARFISH VALLEY SANITARY DISTRICT: Bob Rothermill, Alliance of Architecture and Engineers, stated he represented Vallin and Beatrice Richards. Rothermill presented a Spearfish Valley Sewer Easement for a Sanitary Sewer Line Easement Plat. Moved-Seconded (Seward-Weisenberg) to approve the Sanitary Sewer Line Easement Plat located in the North 99’ of Lot 2 in the Subdivision of the NE1/4 of the SE1/4 of Section 4, T6N, R2E, B.H.M., Lawrence County, SD. Motion Carried. Douglas Absent.

ROSE JONES PLAT & TRACEY MARIE JONES DEED: Bernie Williams, City of Deadwood, presented the Rose Jones Tract 1 Plat for review. Williams stated approving this plat would clear up title to Ms. Jones driveway and surrounding lands. In addition, the land will be placed on the tax rolls. Moved-Seconded (Opitz-Seward) to approve the following Rose Jones Tract 1 and authorize the Barb Mattson, Vice-Chair to deed any interest Lawrence County has to the described property. Motion Carried. Douglas Absent. Legal: Plat of Rose Jones Tract 1, being a replat of the Rose Jones Tract, A portion of M.C. 81, A/K/A 66 Williams Street, and unplatted portions of M.C. 81, all located in the NW1/4 of Section 23, T5N, R3E, B.H.M., City of Deadwood, Lawrence County, SD.

HIGHWAY SHOP / SLIME PLANT: Jon Mattson, Ron Island, Jim Wilson, John Frederickson and Chuck Turbeville were present to discuss the Agreement of Intent between the City of Deadwood and Deadwood City Limits (DCL). The project includes the development of a major entertainment complex/casino/hotel building on the properties known as the Homestake Slime Plant (County Highway Shop) and the parking lot and garage buildings presently owned by Lawrence County.

The representatives from the City of Deadwood were present to discuss purchasing the property from Lawrence County and then transferring the ownership to DCL. Indemnifications, parking, purchase price, and storage issues were discussed. The Board stated they would agree to sell the “Slime Plant Building” for $500,000; however, this does not include the purchase of the county parking lot or white storage buildings. Opitz stated the county has to protect the county tax payers by assuring parking will always be available for the County Buildings. City of Deadwood representatives discussed options available to secure parking for the County. The Board asked that representatives from the City of Deadwood meet with Opitz and Seward and see what agreements could be reached.

BILLS: Moved-Seconded (Weisenberg-Mattson) to approve payment and authorize the Chairman to sign the following vouchers drawn on the proper funds. Motion Carried. Douglas absent. Payroll: Comm-$3,029.44; Aud-$4,455.26; Treas-$6,795.59; Comp-$4,245.02; States Atty- $10,580.39; Pub Def-$5,723.00; Gen.Govt.Bldg-$4,686.52; Equal-$8,585.09; Deeds-$5,505.29; Vso-$670.88; Dispatch-$7,208.24; Sher-$26,792.96; Jail-$14,611.46; Emergency Management- $1,426.21; E911-$1,099.12; Highway Fund-$27,385.98; Exten-$1,046.32; Soil-$567.70; Weed- $3,135.07; P&Z-$2,307.13; All Of These Bills Were Drawn From The General Fund Unless Otherwise Noted: Baloun,T-Pub Def Trvl-$230.00; Kosel,J : Pub Def Trvl-$230.00; Amoco Oil Co: Sher Trvl-$325.41; Bh Federal Credit Union: Various Pay Ded-$5,559.00; Highway Fund- $1,214.29; Bh Power & Light, Rapid: Airport Util-$260.10; Dakota Travel Inc: Pub Def Prof Serv-$1,027.25; Dept.Of The Treasury: Various Medi-$3,040.92; Highway Fund-$731.50; E911 Fund-$31.88; Emergency Management Fund-$40.60; Various Fit-$11,311.62; Highway Fund- $2,779.38; E911 Fund-$140.12; Emergency Management Fund-$163.69; Various Oasi- $13,001.54; Highway Fund-$3,127.78; E911 Fund-$136.60; Emergency Management Fund- $173.58; Division Of Motor Veh: Fire Adv-$6.00; Etsu Physicians & Associates: States Atty Pserv-$4,358.66; Office Of Child Support: Highway Fund-$284.50; Queen City Medical Center: Jail-$50.00; Sd Retirement System: Various Ret-$21,949.70; Highway Fund-$5,379.43; E911 Fund-$209.84; Emergency Management Fund-$277.64; Sd Supplemental Retirement: Various Supp Ret-$691.50; Highway Fund-$171.00; Emergency Management Fund-$25.00; State Disbursement Unit169763 Jail-$60.00; Ted Tufty Dodge: Sher Equip-$49,080.00; Texaco, Inc: Sher Trvl-$82.44; Verizon Wireless Inc: Various Util-$425.70; Baloun,T-Pub Def Trvl-$385.01 ; Barrett,M-Comm Trvl-$163.80 ; Birk,E-P&Z Trvl-$249.76; Brennan,S-$21.74; Cox,V-$30.44; Fitzgerald,J-$180.00 ; Kosel,J-Pub Def Trvl-$351.88; Mcgruder,B-$32.00; Outka,B: States Atty Trvl-$36.00; Piekkola,D-Equal Trvl-$132.12; Sjomeling,C-Treas Trvl-$32.00; Struble,L-Equal Trvl-$76.00; Tridle,D-Treas Trvl-$176.00; Washburn,L-Pub Def Trvl-$39.60; Writer,J-Equal Trvl-$76.00; A&B Busines Equipment, Inc: Rod Equip & Maint-$3,605.00; Abc Business Supply Corp: Various Supp-$211.95; Emergency Management Fund-$24.61; Active Data Systems, Inc: Comp Supp-$175.95; Alco Store #262 Inc: Aud Supp-$26.12; Altaire Enterprises Inc: Various Util-$30.00; Highway Fund-$20.00; Amcon Distributing: Jail-$272.22; American Tech Serv Inc: Airport-$2,947.00; At&T: Weed Util-$44.68; Highway Fund-$66.49; Avaya, Inc.: Highway Fund Util-$29.70; Bh Power & Light, Rapid: Gen.Govt.Bldg-$5,442.11; Highway Fund-116.66; Bh Truck And Trailer Inc: Highway Fund Supp-$585.00; Baker,G-Jail Blood- $105.00; Best Western Ramkota Inn: Various Trvl-$339.00; Buckstop Express Mart Inc: Sher Trvl-$120.99; Campbell Supply Co: Highway Fund Supp-$168.23; Weed Supp-$147.07; Carlson,D-Mh Serv-$15.00; Cdw Government Inc: Comp-$599.82; Chemsearch Inc: Gen.Govt.Bldg Supp-$272.42; Child Psychology Services: States Atty Pserv-$661.72; Clarion Inn Western Plaza: Sher Trvl-$199.96; Coburn Insurance Agency: States Atty Pserv-$60.00; Cpi Ltd Corp: Treas Supp-$29.00; Culligan Soft Water Serv Inc: Highway Fund Supp-$25.50; Weed Supp-$15.00; Cvd Construction Inc: Airport-$9,422.47; Dakota Graphics: Election-$220.00; Dartek Computer Supplies Corp: Various Supp-$48.79; Deadwood Supply Inc: Highway Fund Supp-$45.38; Dietrich,D-Mh Serv-$105.80; Domestic Crisis Outreach: Domestic Abuse- $365.00; Ecolab Inc: Jail Supp-$84.00; Eddie's Truck Sales/Serv Inc: Highway Fund Supp- $81.64; Ekeren,M: Mh Serv-$15.00; Election Sys & Software Inc: Election-$1,098.45; Family Thrift Center Inc: Weed Supp-$6.00; Gall's Inc: Sher Supp-$160.98; Gene's Lock Shop Inc: Various Supp-$18.45; Greens Alignment: Sher Trvl-$104.00; Hall Welding Inc: Weed Supp- $22.08; Heartland Paper Co Inc: Comp Supp-$644.80; Heisler Hardware Inc: Weed Supp-$6.83; Hills Material Comp. Inc: Highway Fund Supp-$146.52; Hills Products Group Inc: Highway Fund-$501.60; Honeywell Inc: Gen.Govt.Bldg Repair-$2,206.08; Huron Culvert & Tank Co Inc: Highway Fund-$600.37; Ibm Corp Sqh: Comp Rep-$149.40; Ics Warehouse Inc: Disp Supp- $172.97; Ikon Office Solutions Inc: States Atty Supp-$294.54; Insight: Equal Off Equip- $339.23; Johnson Ford Inc: Equal Veh-$23.33; Jones, Todd Dds: Jail Med-$36.00; K Mart 3893: Sher Supp-$8.02; Kadrmas, Lee And Jackson Inc: Airport-$3,683.61; Kar Products Inc: Highway Fund-$137.08; Karpinen, S-Jail Blood-$245.00; Kimball-Midwest Co. Inc: Highway Fund-$195.56; Knecht True Value Inc: Various Supp-59.76; Highway Fund-$117.65; Lc Assessor: Equal Supp-$24.79; Lc Centennial Inc: Various Adv-$1,173.13; Highway Fund- $30.73; Lc Sheriff: Sher Trvl & Supp-$153.76; Lawson Products Inc: Highway Fund-$118.89; Lee,J: Gen.Govt.Bldg Contracts-$15.00; Lewis & Clark Bhs: Mh Serv-$250.00; Lost Cabin Constructors Inc: Windstrom-$24,818.00; Matthew Bender & Co. Inc: Aud Supp-$46.73; Mcarthur,J: Jail Blood-$70.00; Mcleod's Office Supply Inc: Jail Supp-$203.52; Meade Co. Auditor: Jail Bd Pris-$1,200.00; Medicap: Ca Meds-$179.22; Micro Warehouse Inc: Comp Equip-$206.97; Mutchler,Tricia L: States Atty Pserv-$142.50; Nh General Hospital: Jail Med- $1,380.00; Nada Appraisal Guides Inc: Treas Supp-$60.00; Nelson,T: Jail Blood-$105.00; Niesent,L: Jail Blood-$140.00; Ore Car Express Inc: Sher Trvl-$41.90; Pennington Co Auditor: Mh Serv-$44.00; Pennington Co. Jail: Sher Trvl & Mh Serv-$1,560.77; Pennington County Sts.Attny: Mh Serv-$400.00; Porta Storage Inc: Windstorm-$115.00; Porter Law Office Pc: Caa- $83.75; Postmaster, Deadwood: Various Supp-$1,324.00; Queen City Rocket Lube: Sher Trvl- $86.28; Qwest: Varous Util-$3,055.18; Highway Fund-$197.00; E911 Fund-$537.98; Emergency Management Fund-$151.64; Rc Finance Office: Jail Blood-$665.00; Rc Regional Hospital Inc: Mh Serv-$125.85; Radio Shack: Various Supp-$104.91; Rapid Delivery Inc: Highway Fund-$12.00; Rasmuson,D: Juror-$14.64; Sanito Oil, Inc: Airport-$64.50; Highway Fund-$4,472.70; Sher Trvl-$1,217.28; Servall Towel & Linen,Inc: Gen.Govt.Bldg Contracts- $166.84; Highway Fund-$92.78; Spearfish Alt/Starter: Weed Repair-$50.00; Spearfish Auto Supply Inc: Weed Supp-$219.15; Specialized Auto Service Inc: Highway Fund-$124.45; Stretch's Glass & Mirror: Equal Veh-$12.50; Gen.Govt.Bldg Repair-$185.56; Superior Lamp And Supply Inc: Gen.Govt.Bldg Repairs-$612.58; The Computer Shop Inc: Fire Adv Supp- $3,237.00; Thurman Law Office: Mh Serv-$87.79; Tollefson, Melanie: Emergency Management Srch Res-$185.00; Twin City Hardware & Lumber: Gen.Govt.Bldg Supp-$11.77; Airport Supp- $71.22; United Imaging Supply: Sher Supp-$1,037.95; Univ Of Mn-Extension Service: Exten Misc-$107.92; Victims Of Violence: Domestic Abuse-$365.00; Walmart Store Inc: Various Supp-$400.94; Warne Chemical Inc: Weed Supp-$97.94; Waste Connections, Inc: Highway Fund-$119.00; Wells Plumbing & Farm Supp Inc: Weed Supp-$568.55; Western Communication Inc: Disp Supp-$6,333.25; Western Sd Juvenile Serv: Jdc-$337.77; Wickham,B: Jail Bd Pris-$120.00; Worldcomm Mci Inc: Various Util-$515.86; Emergency Management Fund-$10.24; Worldcomm Mci Inc: Sher Util-$384.49; Xerox Corporation: Sher Supp-$110.00; Yankton Co. Sheriff: Mh Serv-$16.50; Yankton Radiology, Llp: Mh Serv-$77.70, Jurores & Witness Fees: Zaugg,T-$28.70; Davidson,J-$28.70; Johnson,B-$52.48; Lafrentz,M-$20.29; Cox,R-$30.44; Hague,J-$28.70; Ochse,R-$20.58; Evans,B-$59.86; Anderson,S-$27.54; Boehler,C-$20.58; Bohm,J-$28.70; Corkins,M-$27.54; Croff,J-$27.54; Friend,K-$46.10; Harp,J- $45.52; Hartley,E-$28.70; Janke,A-$21.74; Jensen,P-$28.70; Johnson,A-$21.45; Klapperich,M- $31.60; Martz,D-$22.90; Martz,M-$22.90; Miles,W-$26.38; Miller,C-$21.74; Pascoe,T-$22.90; Schmunk,S-$28.70; Taylor,T-$27.54; Torpey,G-$46.10; Viergets,N-$28.70; Vogel,R-$21.74; Apa,J-$11.16; Blaha,F-$11.74; Bousa,C-$21.60; Carr,K-$11.74; Christopherson,L-$21.60; Coates,R-$58.70; Devries,D-$11.74 ; Eichmann,E-$18.12; Farrokhi,S-$17.54; Foster,W-$57.54; Gill,M-$19.86; Hartman,C-$20.44; Hatheway,A-$58.70; Hill,S-$21.60; Hintgen,A-$18.70; Holloway,J-$13.48; Holso,C-$51.74; Jacobsen,W-$19.28; Jensen,M-$58.12; Katz,C-$11.74; Landsberger,N-$18.70; Leaver,K-$17.54; Leiker,L-$12.90; Lynch,J-$12.90; Magnusson,J- $56.96; Mcguigan,M-$16.96; Mclellan,B-$19.86; Nelson,T-$24.50; O'laughlin,L-$15.22; Odell,L-$24.50; Peterson,J-$20.44; Reagle,C-$64.50; Redinger,J-$18.12; Tammi,E-$11.16; Thompson,E-$18.70; Ulvestad,L-$50.58; Wardwell,L-$14.06; West,C-$59.86; Yanzick,D- $18.70; Taylor,J-$19.86

ADJOURN: 3:25 p.m. - There being no further business it was Moved-Seconded (Weisenberg- Opitz) to adjourn. Motion Carried. ______DATE

______CONNIE H. DOUGLAS, Chairperson ATTEST:

______CONNIE ATKINSON, Auditor LAWRENCE COUNTY COMMISSIONERS MEETING – JUNE 7, 2001

Vice-Chairperson Barbara Mattson called the meeting of the Lawrence County Commissioners to order at 8:00 a.m. on June 7, 2001 in the Administrative Annex Building of the Lawrence County Courthouse located at 90 Sherman Street, Deadwood, SD with Commissioners James J. Seward, Terry Weisenberg, and George Opitz present. Connie Douglas was absent.

All motions were passed by unanimous vote unless stated otherwise.

MINUTES: Moved-Seconded (Weisenberg-Opitz) to approve the minutes of May 22, 2001. Motion Carried. Douglas Absent.

MEETING CHANGE: Due to the lack of a quorum the July 3 rd meeting was moved to July 10 th , 2001.

PERSONNEL: 10:45 Moved –Seconded (Opitz-Weisenberg) for an executive session to discuss personnel for Equalization’s office. Motion carried. 10:55 a.m. –reopened. 11:30 Moved –Seconded (Weisenberg-Opitz) for an executive session to discuss personnel for Sheriff’s office. Motion carried. 11:35 a.m. –reopened.

EQUALIZATION: Moved-Seconded (Seward-Opitz) to hire Angela M. Rommerein as a temporary scanner, for 2-3 months at 7.66 per hour. Effective June 4, 2001. Motion carried. Douglas Absent. Moved-Seconded (Weisenberg-Seward) to reclassify Nancy Bridenstine as a Secretary I Step 7 at $10.96 per hour base. Effective May 16, 2001. Motion carried. Douglas Absent.

SHERIFF: Moved-Seconded (Opitz-Weisenberg) to approve the hiring of Richard Hagerty as a full time process server effective June 4 at $12.68 per hour. Motion carried. He replaces Brian Wurtele who resigned as of June 22, 2001. Douglas Absent. Moved-Seconded (Seward-Mattson) to approve to advertise for a part time jailer. Motion carried. Douglas Absent. Moved-Seconded (Seward-Weisenberg) to approve to advertise for a full time jailer. To replace a jailer who resigned as of June 01, 2001. Motion carried. Douglas Absent. Moved-Seconded (Opitz-Mattson) to approve the step raise from step 6 to step 7, for Judy Metzger, ADM Clerk Position, $9.43 to $9.96 per hour. Motion carried. Douglas Absent. Moved-Seconded (Seward-Weisenberg) to approve to hire 5 certified deputies for the Rally for 10days at $12.00 per hour from August 3-13. Motion carried. Douglas Absent.

TRAVEL REQUESTS: EQUALIZATION: Moved-Seconded (Seward-Mattson) to approve the travel request for Darlene Piekkola, Jason Writer and Tami Otis to attend the Annual Assessor’s School in Pierre, SD on October 1-5, 2001. Motion Carried. Douglas Absent. The Board stated Les Struble would need to sign a Travel and Training Agreement prior to the County authorizing a travel request for him. Motion Carried. Douglas Absent.

EQUALIZATION: Moved-Seconded (Opitz-Seward) to approve the travel request for Muriel Amende to attend the Annual Assessor’s School in Pierre, SD on September 30 and to be completed October 5. Motion Carried. Douglas Absent.

COMPUTER: Moved-Seconded (Opitz-Seward) to approve an advance for Randall McGruder in conjunction with his travel to New Jersey for Training in the amount of $280.00 for meals and airport shuttle and $519.12 for lodging. Motion Carried. Douglas Absent.

PUBLIC HEARING / SHERIFF OFFICE: Moved-Seconded (Weisenberg-Opitz) to set the following Public Hearing. Motion Carried. Douglas Absent.. NOTICE OF PUBLIC HEARING DISCUSS EXPENDITURES OF LOCAL LAW ENFORCEMENT BLOCK GRANT: NOTICE is hereby given that on the 26 th day of June 2001, at 9:45 a.m., the Board of Lawrence County Commissioners will be in session in the Commissioners' Room in the Lawrence County Administrative Office Building at 90 Sherman Street, Deadwood, South Dakota, for the discussion of expenditures of a local law enforcement block grant in the amount of $4,662.00.

FOREST ISSUES: Moved-Seconded (Opitz-Weisenberg) to approve the following Resolutions 2001-19 H.R. 2389 “SECURE RURAL SCHOOLS AND COMMUNITY SELF-DETERMINATION ACT OF 2000” & 2001-20 H.R. 2389 “SECURE RURAL SCHOOLS AND COMMUNITY SELF- DETERMINATION ACT OF 2000”. Motion Carried. Douglas Absent.

RESOLUTION #2001-19: H.R. 2389 “SECURE RURAL SCHOOLS AND COMMUNITY SELF- DETERMINATION ACT OF 2000” PURPOSE: Designating 15% to 20% of the Safety Net Full Payment Amount to be Allocated to Local Projects WHEREAS, forest counties having United States National Forests within their boundaries have received Forest Revenue payments for roads and schools under the terms of the Agricultural Reapportionment Act of 1908; and WHEREAS, these receipts were a regular by cyclical source of revenue for schools and counties during most of the last century; and WHEREAS, federal land policies during the past decade have shifted away from multiple use land management; and WHEREAS, Congress has recognized that these policy shifts have negatively impacted local communities and the health of our National Forests; and WHEREAS, Congress has passed HR 2389 which seeks to reconnect local communities with decisions made on their national forests and invest in improving the health of our forests and watersheds; and WHEREAS, HR 2389 makes provisions for safety net payments to counties for up to six years with either 15% to 20% of these funds being allocated to projects which would enhance the health and safety of US National Forests. BE IT THEREFORE RESOLVED that Lawrence County, which has elected to receive safety net payments under the provisions of HR 2389, hereby designates 15% of its safety net payments to be allocated to Title II or Title III projects under this legislation; and BE IT FURTHER RESOLVED that this election be communicated to the Governor of South Dakota by September 30, 2001; and BE IT FURTHER RESOLVED that this action be communicated to all jurisdictions in this county which receive Forest Reserve payments. Dated this 7 th day of June 2001. FOR THE BOARD: Barbara Mattson, VICE-CHAIR. ATTEST: Connie Atkinson, AUDITOR

RESULTION #2001-20 H.R. 2389 “SECURE RURAL SCHOOLS AND COMMUNITY SELF-DETERMINATION ACT OF 2000” PURPOSE: Designation of the Amount of Funding to be Assigned to Title II and Title III Projects: WHEREAS, the counties having United States National Forests within their boundaries have been receiving Forest Revenue funds for schools and roads under provisions of the Agricultural Reapportionment Act of 1908; and WHEREAS, in the past decade federal land use policy has shifted away from a multiple use approach to one in which decisions are made on a centralized basis with great attention being given to single uses; and WHEREAS, this approach has had a devastating negative impact on funding for roads and schools in forest counties; and WHEREAS, the 106 th Congress of the United States passed HR 2389 which seeks to maintain multiple use land management and reconnect local communities with management decisions made about their national forests; and WHEREAS, Congress has made provision for local projects under Titles II and III of HR 2389 whereby local Resource Advisory Committees will recommend projects which will enhance the safety and health of forests as well as enhance activities conducted within the National Forests within county boundaries. THEREFORE BE IT RESOLVED that Lawrence County intends to allocate the portion of funds which it receives for projects through the safety net payment in the following manner: TITLE III 100% . BE IT FURTHER RESOLVED that a copy of this resolution be transmitted to the Governor of South Dakota by such date as may be necessary for it to reach the United States Secretary of Agriculture by September 30, 2001; and BE IT FURTHER RESOLVED that a copy of this resolution be transmitted to all jurisdictions in this county receiving Forest Reserve payments. Dated this 7 th day of June 2001. FOR THE BOARD: Barbara Mattson, VICE-CHAIR. ATTEST: Connie Atkinson, AUDITOR

SPEARFISH JOINT POWERS AREA: The Board discussed Joint Powers Area issues with Don Mueller, City of Spearfish. Mueller asked the Board to consider expanding the Joint Powers Area to include the three ¼ sections of land that were included in the Boke Change of Zoning that was not included in the joint powers area. Muller stated this was a customer service issue and the entire Boke area should be covered by the same jurisdiction. Mueller stated this was at the request of the landowner Boke. Opitz asked for a letter from Boke requesting this expansion and the Board stated this will be discussed at the next meeting.

The Board discussed building variances in the Joint Powers Area. Bruce Outka, Deputy States Attorney, will work with Birk and Mueller and see if an agreement could be reached with the City of Spearfish and presented to the Board at a future meeting.

LAWRENCE COUNTY RESOLUTION #2001-21: SPEARFISH JOINT POWERS FLOODPLAIN RESOLUTION: Moved-Seconded (Seward-Weisenberg) to approve the following Resolution #2001-21 AMENDING JOINT POWERS AGREEMENT FOR FLOODPLAIN REGULATIONS IN THE JOINT POWERS AREA. This is a matter of convenience for the citizens of Lawrence County and the same regulations apply to floodplain regardless if it is governed by the County or the City. Motion Carried. Douglas Absent.

LAWRENCE COUNTY RESOLUTION #2001-21 & SPEARFISH RESOLUTION NO. 2001- 20 A RESOLUTION AMENDING JOINT POWERS AGREEMENT FOR FLOODPLAIN REGULATIONS IN THE JOINT POWERS AREA: WHEREAS, Lawrence County and the City of Spearfish have entered into a Joint Powers Agreement pursuant to SDCL 11-24-2, et. Seq. for the enforcement of Uniform Codes and contractor licensing in the Joint Powers Area; and, WHEREAS, pursuant to Section 3.6.2-C. of Lawrence County Ordinance One. a building permit may not be issued without having, first been issued a floodplain determination by the Planning and Zoning Administrator; and, WHEREAS, the resulting shared responsibilities in the process of applying for and obtaining a building permit in the Joint Powers Area is negatively affecting administrative efficiency and level of taxpayer service; and, WHEREAS, the City of Spearfish is fully equipped from a technical and manpower standpoint to effectively and efficiently administer floodplain regulations in the Joint Powers Area; NOW THEREFORE BE IT RESOLVIED that we, the assembled members of the Lawrence County Commission and City of Spearfish Common Council, to promote and effect efficiency in the provision of governmental services in the Joint Powers Area, do hereby amend the Joint Powers Agreement to include the administration of floodplain regulations. Dated this 7 th day of June 2001. FOR THE BOARD: Barbara Mattson, VICE-CHAIR. ATTEST: Connie Atkinson, AUDITOR.

TRANSFER OF FUNDS: Moved-Seconded (Weisenberg-Mattson) to approve the transfer of $454,884 from the General Fund to the Road and Bridge Fund and transfer $37,160 from the General Fund to the Emergency Disaster Fund. Motion Carried. Douglas Absent. This is a budgeted transfer of funds.

AUDITOR’S ACCOUNT WITH TREASURER REPORT: Moved-Seconded (Seward- Mattson) To accept the following report as read by the Auditor. Motion Carried. Douglas Absent. Auditor's Account with the County Treasurer: The Auditor's Account with the County Treasurer as of May 31, 2001 showed the following: Total amount of deposits in banks- $12,571,558.11; Total amount of actual cash-$1,000.00; Total amount of Checks and drafts in Treasurer's possession not exceeding three days check deposit in transit)-$20,713.00; Total amount of cash in transit in Treasurer's possession (cash deposit in transit)-$3,115.61; Petty Cash-$1,585.00; Total-$12,597,971.72. (NOTE: petty cash includes: Sheriff-$1,000; Reg.of Deeds-$275; Auditor-$100; Hwy & Planning & Zoning-$50; Equalization-$35.; Public Defender, Gen.Govt.Bldgs and Extension-$25). Total amount of deposits in bank include: CD's- $6,250,000.00; Bank Balance-$6,149,442.58; and GNAM's-$172,115.53.

AIRPORT SURPLUS / COUNTY HANGAR-SHOP BUILDING: Bob Golay was present to discuss a request from the Airport Board to declare a County Hangar / Shop Building surplus and to sell the property by sealed bids. Golay stated the building and carport must be removed to comply with the FAA line of sight requirement on the South end of the Airport. Time is of the essence to remove this building in order to prepare for the apron repair and new taxiway project scheduled for July and August of 2001. Golay stated it would be cost prohibitive for the County to pay to have the building moved and reused on the Airport property.

RESOLUTION #01-16: Moved-Seconded (Seward-Opitz) to approve the following Resolution #01-16 to Sell Real Property / County Hangar/Shop Building . Motion Carried. Douglas Absent.. RESOLUTION #01-16 SELL REAL PROPERTY: WHEREAS , Lawrence County is the owner of the property herein described and the same being at the present time in an unproductive state, and making little or no return to Lawrence County, and It appearing that the same can now be sold for a reasonable sum, and the Board of Commissioners of Lawrence County, South Dakota, deeming it advisable to offer said property for sale. NOW, THEREFORE , it is by the Board of Commissioners of Lawrence County, South Dakota RESOLVED That in the opinion of the majority of the said Commissioners, it is in the best interest of Lawrence County to declare the following property surplus and sell the following described property, to wit: County Hangar/Shop Building: Post frame construction, outside dimensions are 32’X42’ with metal covered outside walls and roof. Interior has insulated walls and ceiling, wired for lights and receptacles. Heating is a Reznor propane ceiling/wall hung forced air unit with thermostat. The 40’ bi-fold door is a Wilson, bottom operator unit ser.no. 121691366. The door height opening is currently 10’6’’ X 40’ being used on a daily basis. The building dimensions include an enclosed area which is 12’x16’ that is currently being used as tool storage. Included with the building is an attached car port structure which is 20’x32’ of post frame construction with open sides and a metal covered roof. and, that said real property be offered for sale in accordance with the provisions of Chapter 7-29 of the South Dakota Codified Laws as Amended and that before said property is offered for Sale, the same be appraised by a Board of Appraisers, consisting of the Board of Commissioners of Lawrence County, South Dakota. Dated this 7 th day of June, 2001. BOARD OF COUNTY COMMISSIONERS: Barbara Mattson, Vice-Chairperson; James Seward, George Opitz, and Terry Weisenberg. ATTEST: Connie Atkinson, AUDITOR

Moved-Seconded (Seward-Opitz) To appraise the County Hangar/Shop Building at $2,500 and set the following sale dates. Motion Carried. Douglas Absent.

Notice is hereby given that sealed bids will be received by the Board of Lawrence County Commissioners until 8:30 a.m., on the 26th day of June, 2001 at the office of the Lawrence County Auditor, 90 Sherman Street, Deadwood, South Dakota for the following real property. Bids will be publicly opened at the Lawrence County Commissioners Meeting on June 26 th , 2001 at 8:30 a.m. at the Administrative Annex Building, 90 Sherman Street, Deadwood, SD 57732.

NEMO ROAD OVERLAY BID: The following bids were received for the Nemo Road Overlay: Simon Contractors-$556,960.50 and Hills Material-$493,543.90. The Engineers Estimate of the project was $498,868. Moved-Seconded (Opitz-Seward) to accept the low bid of Hills Material for $493,543.90. Motion Carried. Douglas Absent.

2001 SPECIAL ELECTION / CONDITIONAL USE PERMIT #272: Moved-Seconded (Weisenberg-Opitz) to canvass the results of the 2001 Special Election on Referred Conditional Use Permit #272 showing (2531) in favor of such conditional use permit; and (2898) against such conditional use permit - . Motion Carried. Douglas Absent.

2001 SPECIAL ELECTION / REFERRED ORDINANCE ON CHANGE OF ZONING #207: Moved-Seconded (Weisenberg-Mattson) to canvass the results of the 2001 Special Election on Referred Ordinance on Change of Zoning #207 showing (2527) in favor of such change of zoning; and (2900) against such change of zoning. Motion Carried. Douglas Absent.

2001 SPECIAL ELECTION / INITIATED ORDINANCE ON “NO” CHANGE OF ZONING ON CENTENNIAL PRAIRIE FOR SIX YEARS: Moved-Seconded (Weisenberg- Mattson) to canvass the results of the 2001 Special Election on “No” Change Of Zoning Of Centennial Prairie For Six Years, Showing (2734) “YES” for enactment of the Ordinance; and (2684) “No” against enactment of the Ordinance. Motion Carried. Douglas Absent.

MALT BEVERAGE LICENSE FOR 2000-2001: A public hearing was held on the renewal of the Malt Beverage Licenses for 2001-2002.

Moved-Seconded (Seward-Mattson) to approve the following Malt Beverage Licenses for 2001- 2002: MALT BEVERAGE LICENSE FOR 2001-2002: CLASS - PACKAGE (OFF-SALE) MALT BEVERAGE: GI OUTPOST INC., (DEADWOOD KOA) Highway 14A, Deadwood, SD 57732. Legal Description: M.S. #601, Sec. 28, T5N, R3E, and lot 1A of M.S. #108, Lawrence County. RANDY & ANITA AKER (HIDDEN VALLEY CAMPGROUND) , HC 73 Box 1115, Deadwood, SD, 57732. Legal description: Lot G-1-A, HES 297, Sections 18 & 19, T4N, R4E, Lawrence County, SD. BAREFOOT COUNCIL OF CO OWNERS (BAREFOOT RESORT) 510 W. Havens Ste 4, PO Box 1044, Mitchell SD 57301. Legal description: Lot 1 of Barefoot, formerly lots 3 & 4 and vacated right of way of Block 2 Tract B Lost Camp Valley Acreage, Sec. 2-T4N-R2E of Black Hills, Lawrence County, SD. CLASS - RETAIL (ON-OFF SALE) MALT BEVERAGE: RANDALL L. HAVLIK (FISH 'N FRY CAMPGROUND) HCR 73, Box 801, Deadwood, SD 57732-9708. Legal description: Lot 2 except Lot A of HES 297, Section 18, T4, R4, Lawrence County, SD. JANELL F. ANDIS, (CUSTER CROSSING) HCR 73, Box 1525, Deadwood, SD 57732-9712. Legal description: Pt Tract B-1 of HES 246, Section 21, T3, R4, Lawrence County, SD. CHARLES E. KING & BONITA C. KING (WILD BILL'S CAMPGROUND) HCR 73, Box 1101, Deadwood, SD 57732-9711. Legal description: Part of Lot E-1 & all of Lot E-2 of HES 137, Section 18, T4, R4, Lawrence County, SD. SNOW ADVENTURES, INC.: HC 37 Box 1228, Lead, SD 57754. Legal description: Recreational Springs Resort: Lot 3A2. A sub. Of Lot 3A, A sub of Tract 3, of Jay#1, #2, #3, Fay #3, Albert Steel Fraction, Log Cabin, Violet #3, Lodes of M.S. 1200, In NW1/4 & NE1/4 of Sec. 19, T4N, R3E, T4N & NE1/4 of Sec 24, T4N, R2E, BHM, Lawrence County South Dakota. SPEARFISH CANYON RESORTS (LATCHSTRING RESTAURANT) P.O. Box 705, Spearfish SD 57783. Legal description: Lot Ab-1, a subdivision of Latchstring Village Lot Ab of the Cascade Placer, M.S. in the W1/2 of Section 31, T5N, R2E, and the E1/2 of Section 36, T5N, R1E, B.H.M., Lawrence County, SD RICHARD TSCHETTER, (THE VALLEY CORNER) 396 Evans Lane, Spearfish, SD 57783. Legal description: Lot 1 & Pt Lot 2, NW1/4NW1/4, Subdivision of Section 3, T6N, R2E., B.H.M., Lawrence County, SD. TRAILSHEAD LODGE, INC., PO Box 873, Lead, SD 57754-0873. Legal description: Lot 4 O'Neill Pass Ranchettes S/D of HES 617, Section 20, T3, R1, B.H.M., Lawrence County, SD. KATHY A. STEWART & ROBERT W. ROSS (CHEYENNE CROSSING STORE) HCR 37, Box 1220, Lead, SD 57754-9716. Legal description: Lots 16-56 West, Meadowood Lode #1, Section 15, T4N, R2E, Lawrence County, SD. TIM & JANET ASHEIM, (ST.ONGE STORE) RR1 BOX 66, St.Onge, SD 57779-0201. Legal description: Lots 1 & 2, Block 8, St.Onge, Lawrence County, SD. STEVEN W. SHARP, (KOA SPEARFISH) PO Box 429, Spearfish, SD 57783. Parcel B of the replat of Lots G,H,I,J,K,L,M,N and the West 259.9 feet of Lots O,P,Q,R,S,T and U, all in the Subdivision of Lot 1 of the NW1/4NW1/4, Section 3, T6N, R2E, B.H.M., Lawrence County, SD. RONALD & LISA JORGENSON, (BOONDOCKS) HC 73 Box 1225, Deadwood SD 57732. Legal description: PT HES 54 Tract C Section 25 T4N, R3E, B.H.M., Lawrence County. SEVEN DOWN, LLC (Travis Lantis) PO Box 999, Spearfish, SD 57783. Legal description: Parcel 1 - West Half of the Northwest Quarter (W1/2NW1/4) Section 27, T6N, R3E, B.H.M., Lawrence County, South Dakota. Section 28, T6N, R3E: East Half of the Northeast Quarter (E1/2NE1/4) EXCEPT Tract P located in the N1/2NE1/4 28 T6N R3E as set forth in Plat Document No. 97-5029; and EXCEPT Tract A of the E1/2NE1/4 of Section 28, T6N, R3E as set forth in Plat Document No. 99-1881 BUT INCLUDING Tract T of the E1/2NE1/4 of Section 28 T6N R3E as set forth in Plat Document No. 99-1881. Parcel 2 - Section 27, T6N, R3E: West Half of the Northeast Quarter (W1/2NE1/4) EXCEPT Tract A located in the NW1/4NE1/4 as shown in Plat Book 5, Page 290; East half of the Northwest (E1/2NW1/4); Southwest Quarter (SW1/4); West Half of the Southeast Quarter (W1/2SE1/4). Section 28, T6N, R3E; West half of the Northeast Quarter (W1/2NE1/4) EXCEPT Tract P located in the N1/2NE1/4 28 T6N R3E Southeast Quarter (SE1/4); Parcel 3 - Tract A of the Northeast Quarter of the Northwest Quarter of Section 20, T6N, R3E, BHM, Lawrence County, South Dakota according to Plat Book 5 page 165, Lawrence County, South Dakota; and Lots 1, 2, 3, 4 and 5 of Tract B of the Northeast Quarter of the Northwest Quarter, Section 20, T6N, R3E, BHM, Lawrence County, South Dakota, according to Plat Book 7 Page 47.

RETAIL ON-SALE WINE LICENSE TRANSFER: A public hearing was held on a transfer of wine license for the year 2001. Moved-Seconded (Weisenberg-Seward) to approve the following transfer of wine license for 2001. Motion Carried. Douglas Absent.. PREVIOUS LICENSE: TERRELL A. COBB, RECREATIONAL SPRINGS RESORT, INC., Highway 85, HC 37 Box 1228, Lead, SD 57754. Legal description: Lot 3A2, a subdivision of Lot 3A, a subdivision of T100, 3of Jay #1, Jay#2, Jay#3, Fay#3 Albert Steele Fraction, log cabin violet #3 lots of M.S. 1200/TN NW1/4 and NE1/4 of Section 19, R3E, T4N, NE 1/4 of Section 24 T4N,R2E. B.H. Lawrence County South Dakota. TRANSFER TO : SNOW ADVENTURES, INC.: HC 37 Box 1228, Lead, SD 57754. Legal description: Recreational Springs Resort: Legal description: Lot 3A2, a subdivision of Lot 3A, a subdivision of T100, 3of Jay #1, Jay#2, Jay#3, Fay#3 Albert Steele Fraction, log cabin violet #3 lots of M.S. 1200/TN NW1/4 and NE1/4 of Section 19, R3E, T4N, NE 1/4 of Section 24 T4N,R2E. B.H. Lawrence County South Dakota.

WHARF TECHNICAL REVISION: Carol Koerner and Kevin Harris were present to answer questions on Wharf’s Technical Revision to State Mine Permit No. 464. (see May 8 th , 2001 County Commission Minutes). Approval is being requested for a 22.3 acre expansion of the Trojan pit. After the board had done an on site review and after discussion, it was Moved- Seconded (Weisenberg-Mattson) to approve technical revision to State Mine Permit No. 464- The addition of contiguous affected land within the permit boundary-American Eagle. Motion Carried. Douglas Absent.

Jack Cole requested the board to appoint a 30 day Study Commission to review this application by Wharf. After discussion the board requested Jack to meet with Carol Koerner with his concerns.

CONDITIONAL USE PERMIT #273/ CAROL FITZGERALD /“SPECIALTY RESORT”: A Public Hearing was held on a Request For Conditional Use Permit #273 – Carol Fitzgerald – To allow for a “Specialty Resort”. LEGAL: Part of the Frisco and Deadbroke Lodes of M.S. 1876 and Lot 1, a part of the Fox Lode of M.S. 1852 in Section 12, T4N, R3E, B.H.M. LOCATION: Approximately 3 miles south of Deadwood off of Highway 385. ZONE: PF – Park Forest District. The board asked that Carol Fitzgerald have the existing septic tank inspected, before making any decision. Fitzgerald will meet with the commissioners again on June 26, 2001.

ABATEMENT: Moved-Seconded (Seward-Weisenberg) to approve the abatement for Douglas Bechen on parcel #22000-00604-162-40 on the AG and on the mobile home because of a tornado in Aug. 1, 2000. Motion Carried. Douglas Absent.

PROFESSIONAL ENGINEEING AGREEMENT: Moved-Seconded (Seward-Opitz) to approve the ArcView Maintenance Agreement and book fees for the Equalization Office. Motion Carried. Douglas Absent. Moved-Seconded (Seward-Weisenberg) to approve the onsite Arc View Training for the Equalization Office. Motion Carried. Douglas Absent.

ANNUAL REVIEW CUP #186 / SPEARFISH EXCAVATING: CUP #186 is to allow a small scale sand, gravel and rock quarry. Located approximately 4 1/2 miles north of Spearfish off Highway 85. The number of employees working at the pit at any one time averages between 1-2. The amount of materials extracted from the pit in the last year was 0 tons. Amount hauled from stockpiles was 9,920. Presently there are approximately 5 acres disturbed at the Crago Pit. Once the sellable materials have been sold the final stages of reclamation will be completed. CUP #186 was found in compliance and will be reviewed on an annual basis.

CORRECTIVE QUIT CLAIM DEED: Moved-Seconded (Weisenberg-Seward) correct the deed issued on November 14, 1990 which incorrectly stated Lot 18A, Block 30, Original, Lead. Should read Lot 18D, Block 30, Original, Lead. Motion carried. Douglas Absent.

BILLS: Moved-Seconded (Weisenberg-Seward) To Approve The Bills. Motion Carried. Douglas Absent. PAYROLL: Comm-$3,029.44; Aud-$4,608.46; Treas-$7,251.67; Comp- $4,451.10; States Atty-$10,530.96; Pub Def-$7,326.45; Gen.Govt.Bldg-$5,075.11; Equal- $9,197.01; Deeds-$4,857.76; Vso-$670.88; Dispatch-$7,931.04; Sher-$32,074.39; Jail- $15,375.78; Emergency Mngt Fund-$1,502.21; E911-$1,199.04; Highway Fund-$30,839.59; Exten-$1,141.44; Soil-$600.14; Weed-$4,689.62; P&Z-$2,387.45; All Of These Bills Were Drawn From The General Fund Unless Otherwise Noted: Bh Central Reservations: Pub Def Pro Serv-$2,831.50; Cellular One: Equal Util-$28.06; Emergency Mngt Fund-$42.09; Ted Tufty Dodge: Sher Equip-$25,090.00; Atkinson,C: Aud Trvl-$109.10; Baloun, T: Pub Def Trvl- $174.40; Baumann,M : States Atty Trvl-$178.00; Dean,B: Sher Trvl-$70.00; Fitzgerald,J: States Atty Trvl-$288.00; Hagerty,R: Sher Trvl-$70.00; Kosel,J: Pub Def Trvl-$214.00; Locken,W: Vso Trvl-$88.56; Mowell,R: Jail Bd Pris-$9,414.00; Outka,B: States Atty Trvl-$142.00; Rosenau,R: Sher Trvl-$60.00; Stoflet,M: States Atty Trvl-$72.00; Struble,L: Equal Trvl-$70.31; Wells,W: Weed Trvl-$136.44; Ziegenbein,S: Weed Trvl-$54.95; Abc Business Supply Corp: Various Supp-$119.38; Active Data Systems, Inc: Comp Rep-$726.70; Alex Johnson Hotel: States Atty Wit-$60.72; Amcon Distributing: Jail Comm-$212.86; Avera Sacred Heart Hospital: Mh Serv-$4,432.89; Bh Chemical Company Inc: Vasious Supp-$574.00; Bh Elevator Systems Inc: Gen.Govt.Bldg Contracts-$402.04; Bh Power & Light, Rapid: Various Util-$439.94; Fire Adv-$9.61; Highway Fund-$492.34; Emergency Mngt Fund-$9.61; Bh Travel Agency: States Atty Wit-$3,862.00; Bh Windshield Repair: Ins-$55.00; Balkenhol,F: County Assist Rent- $350.00; Best Business Prod. Inc.: Highway Fund Util-$33.37; Blackinton, J G Phd: Crts Therapy-$17.50; Butte Electric Coop., Inc: Various Util-$113.78; Highway Fund-$229.45; Cameron Communications: States Atty Supp-$89.95; Chemsearch Inc: Highway Fund-$123.40; Community Hlth Nursing: Jail Med-$7.00; Computerland Inc: Comp Rep-$49.84; Copy Country Inc: Pub Def Supp-$227.85; Cooperative Extension Service: Exten Util-$342.76; Culligan Soft Water Serv Inc: Various Supp-$103.50; Dartek Computer Supplies Corp: Comp Supp-$238.31; Deadwood Supply Inc:Gen.Govt.Bldg Repair -$247.51; Deadwood, City Of: Gen.Govt.Bldg Util-$685.20; Highway Fund-$48.20; Dept Of Hlth Lab Services: Jail Blood-$160.00; Division Of Motor Veh: Sher Trvl-$7.50; Etsu Physicians & Associates: States Atty Wit-$3,292.26; Election Sys & Software Inc: Election-$714.65; England, Leslie J.: Comm Comp Plan-$842.33; Farm Plan/Rdo Inc: Gen.Govt.Bldg Repairs-$17.79; Fuller, Tellinghuisen, Gordon: Mh Serv &Caa-$6,798.64; Gall's Inc.: Sher Supp-$192.98; Guilbert,M Dr:Jail Med-$84.00; Gold Dust Inc: $155.36; Golden Hills Resort: States Atty Prof Serv-$45.17; Greens Alignment: Sher Trvl- $1,121.06; Heisler Hardware Inc: Highway Fund Supp-$96.81; Sher Trvl-$2.72; Hengel Associates Pc: Emergency Mngt Fund-$250.00; Herd's Ribbon Reinking:Various Supp-$112.55; Hills Material Comp. Inc.: Highway Fund Supp-$8,573.66; Hutchens,J: States Atty Wit-$782.00; Ikon Office Solutions Inc: Various Supp-$627.29; Jh Hilt Engineering Inc: Highway Fund Supp-$1,663.62; Kadrmas, Lee And Jackson Inc: Various-$13,486.89; Kinney & Koch, Llp: Caa-$2,555.32; Knecht True Value Inc: Weed Supp-$137.16; Koala Electric Inc: Various Supp- $1,474.40; Lc Centennial Inc: P&Z Pub-$37.10; Lc Public Health: Nurses-$2,208.00; Lc Reg Of Deeds Petty Cash: Rod Supp-$13.59; Lc Sheriff: Sher Trvl-$426.29; Lee, James: Gen.Govt.Bldg Contracts-$15.00; Lead-Deadwood Sanitary: Gen.Govt.Bldg Util-$288.28; Highway Fund- $13.00; Lewis-Kirkeby-Hall Prop Mngt: County Assist Rent-$400.00; Light & Siren: Highway Fund Supp-$199.98; Mailworks Plus: Comp Rep-$21.80; Matthew Bender & Co. Inc: Various Pub-$209.76; May,Johnson,Doyle& Becker Inc: Caa-$38.34; Medical Priority Consult Inc: E911-$269.00; Montana Dakota Utilities: Various Util-$2,624.87; Highway Fund Util: $270.21; Mutchler,T: Aud Supp-$50.00; Nh General Hospital: Jail Med-$1,167.48; Nh Plaza-Soil Rent & Supp-$279.55; Nada Appraisal Guides Inc: Treas Supp-$90.00; Nelson,T: Jail Blood-$245.00; New View Optical Inc: Exten Misc-$22.00; Office Max #511: Treas Supp-$120.00; Pennington County Sts.Attny: Mh Serv-$200.00; Pitney Bowes, Inc.: Postage-$291.00; Porter Law Office Pc: Caa-$938.00; Postmaster, Spearfish: Soil Supp-$68.00; Qwest: Highway Fund Util-$44.58; Rc Community Health: Jail Bd Pris-$36.99; Rc Police Dept: Jail Blood-$15.00; Radio Shack: Sher Supp-$11.96; Radisson Motel: States Atty Wit-$392.35; Radisson Hotel Mount Laurel: Comp Trvl-$519.12; Rushmore Safety Supplies Inc: Weed Supp-$50.00; Sd Dept. Of Revenue: Equal Trvl-$365.00; Sd State Treasurer: Nurses & Mh Serv-$5,672.40; Sdaao: Equal Trvl- $440.00; Sd Office Of Attny General: States Atty Prof Serv-$26.06; Sd Sheriff's Association: Sher Supp-$25.00; Sanito Oil, Inc.: Sher Trvl-$1,235.96; Servall Towel & Linen,Inc: Gen.Govt.Bldg Supp-$264.04; Spearfish Auto Supply Inc:Various Supp-$248.17; Stan's Propane Service: Fire Adv-$749.55; Summit Signs & Supply: Highway Fund Supp-$1,499.25; Super 8 Motel: States Atty Wit-$35.00; T&D Landscaping: Windstrom-$2,604.25; Teen Court Inc: Crts Teen Crt Jaibg-$2,234.42; Telcomco Communications: Jail Supp-$552.00; Telcomco Communications: Sher Util-$59.75; E911-$23.90; Texaco, Inc: Sher Trvl-$155.77; Tridle,J: Law Lib-$200.00; Twin City Hardware & Lumber: Emergency Mngt Fund Supp-$3.58; Gen.Govt.Bldg Supp-$374.93; Highway Fund-$57.48; Us Bank Corp Trust Debt Manag: Crt House & Jail-$441,970.00; Walmart Store Inc: Various Supp-$341.81; Warne Chemical Inc: Weed Supp-$84.95; Waste Connections, Inc.: Highway Fund Util-$119.00; Gen.Govt.Bldg Util- $197.00; Wells Fargo Bank: Treas Supp-$82.54; West Group: Law Lib-$1,022.25; Western Communication Inc: Emergency Mngt Fund-$8,057.87; Highway Fund-$294.10; Sher Radio- $67.55; Wolff's Plumbing Inc: Gen.Govt.Bldg Repair: $118.91: Yankton Radiology, Llp: Mh Serv-$28.40; Z & S Dust Control Inc: Highway Fund Supp-$37,391.46; Olson,R: States Atty Wit-$161.00; Ollila,E: States Atty Wit-$147.66; Jurors & Witness Fees: Evans,B-$59.86; Christopherson,L-$61.60; Coates,R-$58.70; Foster,W-$57.54; Gill,M-$59.86; Hartman,C- $60.44; Hatheway,A-$58.70; Hill,S-$61.60; Holso,C-$51.74; Jacobsen,W-$59.28; Jensen,M- $58.12; Katz,C-$51.74; Leaver,K-$57.54; Magnusson,J-$56.96; Redinger,J-$58.12; Ulvestad,L- $50.58; West,C-$59.86; Yanzick,D-$58.70; Aldinger,B-$17.54 Allen,P-$21.02; Aspen,D- $52.32; Benning,J-$21.60; Beringer,W-$24.50;Bertalot,C-$18.70 ;Blevins,L-$51.16; Bray,S- $18.12;Cooch,C-$61.60; Delahoyde,K-$58.70; Follette,K-$18.70; Gross,M-$62.18; Haiwick,M- $58.70; Joseph,S-$10.58;Knie,A-$18.70 Kuntz,J-$12.32; Larson,A-$23.92; Lindberg,L-$16.38; Meisel,V-$56.38; Mellegard,W-$50.58; Nelson,L-$21.60;Norris,K-$11.74; Oates,R-$12.32; Pickett,C-$51.74; Shultz,D-$10.58; Smith,C-$18.70; Snyderc-$62.76; Stark,B-$58.70; Steinbach,B-$55.80; Thomas,M-$10.58; Totman,G-$18.70; Wilczynski,J-$16.96

ADJOURN: 11:45 a.m. - There being no further business it was Moved-Seconded (Seward- Weisenberg) to adjourn. Motion Carried. Douglas Absent. ______DATE

______BARBARA MATTSON, Vice-Chairperson ATTEST:

______CONNIE ATKINSON, Auditor LAWRENCE COUNTY COMMISSIONERS MEETING – JUNE 26, 2001

Chairperson Connie H. Douglas called the regular meeting of the Lawrence County Commissioners to order at 8:00 a.m. on June 26, 2001 in the Administrative Annex Building of the Lawrence County Courthouse located at 90 Sherman Street, Deadwood, SD with Commissioners James J. Seward, Terry Weisenberg and Barbara Mattson present. George Opitz absent. All motions were passed by unanimous vote unless stated otherwise.

MINUTES: Moved-Seconded (Weisenberg-Seward) to approve the minutes of June 7, 2001. Motion Carried Opitz Absent.

COMMISSIONER MEETING CHANGE: Moved-Seconded (Mattson-Seward) to move the July 10, 2001 to July 6, 2001. Motion Carried Opitz Absent.

PERSONNEL: SHERIFF: Moved-Seconded (Seward-Weisenberg) to authorize LeeAnn Burrer as a full time Correctional Officer II effective 6-11-01 at the wage of $11.76. Motion Carried Opitz Absent.

Moved- Seconded (Weisenberg-Mattson) to authorize Sara Fitzgerald as a part time Correctional Officer effective 6-11-01 at the training wage of $6.54 and moving to $10.22 after 40 hours of training has been completed. Motion Carried Opitz Absent.

Moved-Seconded (Weisenberg-Mattson) to approve a step raise for Sara Fitzgerald from a Dispatcher I to Dispatcher II effective 6-11-01 at a wage of $10.60. Motion Carried Opitz Absent

Moved-Seconded (Weisenberg-Seward) to hire Sandy Kopel as a Secretary Step 6 effective 6- 26-01 at a wage of $10.48. Motion Carried Opitz Absent.

Moved-Seconded (Seward-Weisenberg) to hire Robert Crawford Jr. as a part time jailer effective 6-11-01 at the training wage of $6.54 and moving to $10.22 after 40 hours of training has been completed. Motion Carried Opitz Absent.

Moved-Seconded (Weisenberg-Mattson) to approve a step raise for Gary McAlllister and Kim Culver from a Correctional Officer I to Correctional Officer II effective 6-15-01 at a wage of $11.76. Motion Carried Opitz Absent.

Moved-Seconded (Mattson-Weisenberg) to approve a step raise for Richard White from a Dispatcher I to Dispatcher II effective 7-01-01 at a wage of $10.60. Motion Carried Opitz Absent.

WEED: Moved-Seconded (Weisenberg-Mattson) to approve Anthony Speiser to go from $9.00 to $9.75 effective 6-16-01. Motion Carried Opitz Absent.

TRAVEL REQUEST: WEED: Moved-Seconded (Mattson-Seward) to approve the travel for David Heck to attend the 2001 Spurge Fest Training in Medora on June 19-21, 2001. Motion Carried Opitz Absent.

EQUALIZATION: Moved-Seconded (Weisenberg-Mattson) to approve the travel for Les Struble to attend the Annual Assessor’s School in Pierre October 1-5, 2001. Motion Carried Opitz Absent.

AMBULANCE AGREEMENT: Moved-Seconded (Seward-Mattson) to authorize the chairman to sign the ambulance agreement with Northern Hills General Hospital for the year of 2001. Motion Carried Opitz Absent.

CONTRACT FOR MEDICAL SERVICES/LAWRENCE COUNTY JAIL: Moved-Seconded (Seward-Mattson) to approve the chairman to sign the Contract for Medical Services in the Lawrence County Jail. Motion Carried Opitz Absent

EXECUTIVE SESSION: Moved-Seconded to go into executive session at 8:25 am. Motion Carried Opitz Absent. Board reopened the meeting at 8:45 am.

BID OPENING FOR COUNTY HANGAR/SHOP BUILDING AT AIRPORT: The Board held a sealed bid opening for County Hangar/Shop Building at the Airport. The building is to be removed within 30 days. Minimum bid requirement was $2500.00. One bid was received. Moved-Seconded (Seward-Weisenberg) to accept the sealed bid from Don Hutchinson in the amount of $2,650.00. Motion Carried Opitz Absent.

HIGHWAY BUSINESS: RIGHT OF WAY: Moved-Seconded (Mattson-Seward) to approve the chairman to sign the application made by Qwest Communications Inc. for cable occupancy of Nemo Road in Sec 30, T4N, R4E. Motion Carried Opitz Absent.

Moved-Seconded (Mattson-Seward) to approve the chairman to sign the application made by Qwest Communications Inc, for cable occupancy of North Jackson in Sec 11, T6N, R4E. Motion Carried Opitz Absent.

TERRY PEAK TOWER CONSTRUCTION UPDATES: Howard Muchow gave an update on the progress of the tower construction. Phase 1-4 have been completed and hope to have the remaining 60 feet erected by the end of June.

SUPPLEMENTAL BUDGET: Moved-Seconded (Mattson-Seward) to approve the following Resolution #01-18 to Adopt A Supplemental Budget. Motion Carried. Opitz Absent. RESOLUTION #01-18. TO ADOPT A SUPPLEMENTAL BUDGET WHEREAS, the County Budget for Lawrence County, South Dakota, for the fiscal year 2001, failed to provide sufficient revenue to enable the County to conduct the indispensable functions of Government, and WHEREAS, the Board of County Commissioners of said County deems it necessary to make a Supplementary Budget, providing for appropriation in the amounts set out below. NOW, THEREFORE, be it RESOLVED THAT SAID BOARD, make, approve and adopt a Supplemental Budget for Lawrence County, South Dakota, for the year 2001, and that in said budget there will be and is hereby appropriated the following sum of money, to-wit: GENERAL FUND ELECTIONS - $3,000 EMERGENCY MANAGEMENT FUND COMMUNICATIONS - $47,914. The funds for the above amounts are to be provided from unappropriated cash balances and estimated revenue in the designated Fund. Be it further RESOLVED that a hearing was held on the 26th day of June, 2001 at the hour of 9:30 o'clock, a.m. in the Commissioners' Room in the Administrative Office Building at 90 Sherman Street, Deadwood, Lawrence County, South Dakota, and that said Notice of Hearing was posted according to law, SDCL 7-21-22. IN WITNESS WHEREOF , we have hereunto set our hands and official seal of Lawrence County, this 26 th day of June, 2001. BOARD OF COUNTY COMMISSIONERS: Connie H. Douglas, Chairperson, Barbara A. Mattson, James J. Seward, Terry Weisenberg And George Opitz. ATTEST Brenda McGruder, Lawrence County Deputy AUDITOR.

PUBLIC HEARING-LOCAL LAW ENFOREMENT BLOCK GRANT: A public hearing was held for Discussion on the expenditures of the Local Law Enforcement Block Grant. Sheriff Rick Mowell was present to explain how the $4,662.00 from this block grant would be spent. The money would be used to purchase video recording systems to be placed in three of the road Deputies cars.

ANNUAL REVIEW CUP #126 & #132 WHARF RESOURCES AND GOLDEN REWARD MINING CO.: The Annual report for Wharf and Golden Reward was presented. The report is on file with the Lawrence County Auditor’s Office.

ANNUAL REVIEW CUP #247 WES & NANCY NELSON SPECIALTY RESORT IN BOULDER CANYON: An Annual review was held for Conditional Use Permit #247.No complaints or problems were received. Moved-Seconded (Mattson-Seward) To be reviewed on an as need basis. Motion Carried Opitz Absent.

ANNUAL REVIEW CUP #250 DAN CARSTEN: The Annual review was held for Conditional Use Permit #250. No complaints or problems were received. Moved-Seconded (Mattson-Seward) To be reviewed on an as need basis. Motion Carried Opitz Absent.

RESOLUTION NO 2001-22 JOINT POWERS AGREEMENT WITH SPEARISH TO ADD PROPERTY: Moved-Seconded (Mattson-Seward) to approve the Chairman to sign the resolution. Motion Carried Opitz Absent. A RESOLUTION TO ENTER INTO AMENDMENT TO JOINT POWERS AGREEMENT TO EXTEND THE JOINT POWERS AREA. WHEREAS, City and County entered into a Joint Powers Agreement on November 21, 2000, and a First Amendment to Joint Powers Agreement on June 4, 2001; and, WHEREAS , City and County agree it is in the best interests of their citizens to amend said Agreement to extend the joint powers area; NOW THEREFORE, BE IT RESOLVED that Lawrence County is hereby authorized to enter into and execute the Second Amendment to Joint Powers Agreement, a true and correct copy of which is attached to this Resolution as Exhibit "A" and the Chairman and Auditor are directed to sign the Second Amendment to Joint Powers Agreement in the name of the County as of the date of this Resolution. Dated this 26 th day of June 2001 LAWRENCE COUNTY By: Connie Douglas, Chairman. ATTEST Brenda McGruder Deputy Auditor.

REQUEST FOR CUP #273 CAROL FITZGERALD: The request for Conditional Use Permit #273 was put on hold until all conditions are meet.

BLACK HILLS WESTERN FESTIVAL: Jason Grubb and Susan Burns from Seven Downs Arena were present to get approval for the Black Hills Western Festival. They filled the Board in on all of the events taking place on the property for the three days. The board wished them well with the event.

JUVENILE INCENTIVE BLOCK GRANT: Moved-Seconded (Mattson-Seward) to dedicate Lawrence County’s allotment of the Juvenile Accountability Incentive Block Grant in the amount of $25,563.00 and approve the 10% match money to Teen Court for 2002. Motion Carried Opitz Absent.

BILLS: Moved-Seconded (Weisenberg-Seward) to approve payment of the following payroll and authorize the Chairman to sign the following vouchers drawn on the proper funds. Motion Carried Opitz Absent. Payroll: Comm-$3,029.44; Aud-$4,761.47; Treas-$6,779.06; Comp- $4,286.87; States Atty-$8,981.46; Pub Def-$5,689.20; Gen Govt Bldg-$4,631.03; Equal- $8,853.16; Deeds-$5,113.83; Vso-$670.88; Dispatch-$7,081.52; Sher-$26,130.97; Jail- $12,801.32; Emerg Management Fund-$1,426.21; E911-$1,099-12; Highway Fund-$24,503.67; Exten-$1,046.32; Soil-$551.48; Weed-$4,620.01; P&Z-$2,307.13. All Of These Bills Were Drawn From The General Fund Unless Otherwise Noted: Mcgruder,R: Comp Trvl-$280.00; American Family Life Inc: Various Life-$774.26; Highway Fund-$335.84; Emerg Management Fund-$52.70; Bh Federal Credit Union: Various Pay Ded-.$11,243.00; Highway Fund- $2,428.58; Blue Cross: Various Hlth & Life Ins-$21,833.42; Highway Fund-$9,127.45; Emerg Management Fund-$11.13; Deadwood Recreation Center: Various Pay Ded-$85.00; Dept.Of The Treasury: Various Oasi-$27,068.52; Highway Fund-$6,326.38; Emerg Management Fund- $356.58; E911 Fund-$284.98; Various Fit-$23,397.39; Highway Fund-$5,694.08; Emerg Management Fund-$338.21; E911-$294.48; Various Medi-$6,330.92; Highway Fund-$1,479.58; Emerg Management Fund-$83.40; E911-$66.66; Nh Family Ymca: Various Pay Ded-$382.00; Highway Fund-$52.00; Office Of Child Support: Highway Fund-$569.00; Queen City Medical Center: Jail-$100.00; Sd Retirement System: Various Ret-$23,863.93; Highway Fund-$5,930.24; Emerg Management Fund-$ 292.84; E911-$229.82; Sd Supplemental Retirement: Various Ret- $1,383.00; Highway Fund-$342.00; Emerg Management Fund-$50.00; State Disbursement Unit/169763: Jail-$120.00; Verizon Wireless Inc: Various Util-$451.93; Baloun,T: Pub Def Supp-$36.03: Heck,D: Weed Trvl-$152.00: Landeen,J: Pub Def Trvl-$825.13; Mattson,B: P&Z Per Diem-$171.60; Nelson,M: Election-$26.00; Piekkola,D: Equal Trvl-$662.96; Rear,K: Elect Worker-$75.00; Speiser,A: Weed Trvl-$44.64; Wells,W: Weed Trvl-$86.40; Ziegenbein,S: Weed Trvl-$4.32; A&B Busines Equipment, Inc: Deeds Supp-$304.35; A&M Transport: Coroner Prof Serv-$240.00; Abc Business Supply Corp: Various Supp-$412.20; Altaire Enterprises Inc: Soil Util-$10.00; Alternative Hlth Care Of Bh: States Atty Pser-$20.00; Amcon Distributing: Jail Comm-$426.89; Amoco Oil Co: Sher Trvl-$427.70; Argus Leader Inc: Pub Def Supp-$293.88; Astle,B: Ca Rent-$300.00; At&T: Highway Fund Util-$87.19; Weed Util-$39.52; Avaya, Inc.: Highway Fund-$29.70; Avera Sacred Heart Hospital: Mh Serv Hospit-$301.17; Bh Chemical Company Inc: Jail Supp-$530.35; Bh Medical Center: Jail Med-$176.05; Bh Medical Ctr Pharmacy Inc: Various Med-$1,139.16; Bh Painting, Inc.: Windstorm-$516.25; Bh Pioneer Inc: Various Adv-$1,165.64; Highway Fund-$38.92; Bh Power & Light, Rapid: Various Util- $5,883.77; Highway Fund-$71.66; Bh Truck And Trailer Inc.: Highway Fund Supp-$166.95; Bickle's Truck & Diesel: Highway Fund Supp-$219.80; Bob Barker Company, Inc.: Jail Supp- $1,185.28; Brown & Saenger: Election-$304.37; Buckstop Express Mart Inc: Sher Trvl-$381.58; Business Computer Serv Inc: Sher Comp-$498.00; Butler Machinery Co. Inc: Highway Fund Supp-Various-$134.85; Butte County Sheriff: States Atty Pser-$9.60; Cameron Communications: Sher Radio Maint-$39.90; Campbell Supply Co: Gen Govt Bldg Supp- $276.35; Cardinal Printing: Equal Supp-$179.95; Carquest Of Spearfish: Highway Fund Supp-$55.00; Cellmark Diagnostics Inc: States Atty Wit-$2,690.75; Cellular One: Emerg Management Fund-$41.98; Central Parts: Highway Fund Supp-$681.16; Chaput,K.Michael: Crts Juror-$20.58; Chemical Sanitizing Sys Ltdinc: Jail Supp-$82.96; Christensen Law Office: Caa-$454.25; City/County Alcohol &Drug: Jail Bd Pris-$855.00; Clinical Lab Of Bh Inc.: Coroner Pro Serv-$1,047.62; Coburn,B: P&Z Per Diem-$219.12; Coley,M: Jail Bd Pris-$120.00; Conoco: Sher Trvl-$504.62; Corral West: Jail Supp-$53.90; Culligan Soft Water Serv Inc: Various Supp: $93.00; Highway Fund-$25.50; Custom Cage: Sher Equip-$505.00; Dakota Graphics : Crts Casa-$210.00; Dakota Travel Inc : Comp Trvl-$679.50; Dartek Computer Supplies Corp : Various Supp-$215.00; Deadwood Supply Inc: Highway Fund Supp-$41.15; Deckers Food Inc: Jail Supp-$29.13; Dept Of Hlth Lab Services: Jail Blood-$115.00; Derosier,L: P&Z Per Diem-$219.12; Domestic Crisis Outreach: Domestic Abuse: $580.00; Eddie's Truck Sales/Serv Inc.: Highway Fund Supp-$53.11; Expanets: Highway Fund-$623.00; Fish,V: States Atty Pser-$66.00: Frederickson, John R Inc: Caa-$1,802.25; Fuller, Tellinghuisen, Gordon: Caa & Mh Serv Board-$606.00; Gene's Lock Shop Inc: Sher Supp-$27.00; Glenney,T: Jail Blood-$105.00; Godfrey's Brake Serv Inc: Highway Fund Supp-$68.25; Gold Dust Inc: Crts Juror Meals-$82.27; Golden West Teltech Inc: Sher Util-$37.50; Goody,M: Pub Def Prof Serv-$1,962.00; Greens Alignment: Sher Trvl- $1,824.04; Gummow,L: Pub Def Prof Serv-$1,500.00; Hall Welding Inc: Sher Equip-$13.67; Heiman Fire Equip Inc: Fire Adv-$321.26; Heisler Hardware Inc: Weed Supp-$5.98; Hengel Associates Pc: Emerg Management Fund-$250.00; Herd's Ribbon Reinking: Pub Def Supp- $57.45; Hey,John W. Company: Gen Govt Bldg Repairs-$225.00; Hicks, Terry, Md: Mh Serv Hospital-$192.56; Hills Material Comp. Inc.: Highway Fund Supp-$14,986.15; Hills Tire And Supply Inc: Highway Fund Supp-$1,118.12; Huron Culvert & Tank Co Inc: Highway Fund Supp-$41.10; Ibm Corp Sqh: Comp Rep-$149.40; Ikon Office Solutions Inc: Equal Supp-$91.61; Industrial Repair Serv Inc: Sher Supp-$71.37; Jacobs Precision Welding: Highway Fund Supp- $68.08: Jenter, George W: Jail Med-$51.20; K Mart 3893: Sher Supp-$27.94; Kar Products Inc: Highway Fund Supp-$386.24; Karpinen,S: Jail Blood-$210.00; Kendall,R: P&Z Per Diem- $143.00; Kinney & Koch, Llp: Caa-$1,120.24; Knecht True Value Inc: Weed Supp-$47.95; Knecht True Value Inc: Various Supp-$274.79; Lc Centennial Inc: Various Adv-$1,317.17; Highway Fund Adv-$41.00; Lc Sheriff: Sher Trvl-$104.36; Lawson Products Inc: Gen Govt Bldg Supp-$389.65; Lewis & Clark Bhs: Mn Serv-$125.00; Logan's Clutch & Gear Inc: Highway Fund Supp-$70.00; Lookout Mtn Composite Squadron: Windstorm-$1,000.00; Lost Cabin Constructors Inc: Windstorm-$39,760.00; Mailworks Plus: Sher Supp-$20.61; Matthew Bender & Co. Inc: Various Supp-$1,361.11; Highway Fund-$55.98; Mcarthur, J: Jail Blood- $35.00; Meade Co. Auditor: Various-$4,050.04; Meade County Sheriff: States Atty Pro Serv- $17.10; Medicap: Ca Meds-$294.59; Mickelson,C: P&Z Per Diem-$219.12; Montana-Dakota Util.: Weed Util-$21.47; Highway Fund-$29.15; Nd State University: Exten Misc Supp-$18.25; Nh Community Development Inc: 2001 Allotment-$1,000.00; Nh General Hospital: Jail Med- $2,077.34; Njs Engineering Inc: Highway Fund Supp-$4,822.22; National Academy Of Emd: E911 Fund-$45.00; Nelson,T: Jail Blood-$105.00; Niesent,L: Jail Blood-$140.00; Northern Tool & Equip Inc: Gen Govt Bldg Supp-$370.67; Novus: Highway Fund Supp-$246.00; Office Technology/Supply: Various Supp-$64.48; Ore Car Express Inc: Sher Trvl-$25.00; Owens,G: P&Z Per Diem-$182.60; Pamida: Jail Med-$79.24; Paperdirect Inc: Emerg Management Fund- $26.34; Pennington Co Auditor: Mh Serv-$954.76; Pennington County Sts.Attny: Mh Serv- $200.00; Phillips Petroleum Co. Inc: Sher Trvl-$103.08; Pitney Bowes, Inc.: Postage-$170.10; Poage,D: Juror-$481.20; Postmaster, Deadwood: Various Supp-$97.50; Pryor Resources Inc: Emerg Management Trvl-$129.00; Queen City Rocket Lube: Sher Trvl-$126.80; Qwest: Various Util-$3,076.01; Highway Fund-$237.12; Emerg Management Fund-$162.00; E911-$538.48; Quinlan Publishing: P&Z Pub-$78.78; Rc Community Health: Jail Bd Of Pris-$28.70; Rc Community Health: Jail Bd Of Pris-$19.60; Rc Finance Office: Jail Blood-$700.00; Rc Journal Inc: Pub Def Supp-$286.00; Rc Regional Hospital Inc: Coroner Pro Serv-$169.00; States Atty Pser-$22.56; Radio Shack: Various Supp-$70.45; Radisson Motel: Various Trvl-$2,958.66; Radiology Associates: Ca Doctor-$40.26; Rand's Photo States Atty Pser-$667.29; Sher Photo-$4.57; Rapid Delivery Inc: Highway Fund Supp- $12.00; Reiner,K: Emerg Management Fund-$210.00; Richards,R: Caa: $1,153.15; Richards Law Firm; Caa-$200.00; Reindl,S: Caa-$635.21; Sd Federal Property Agency: Fire Adv- $15,950.00; Sanito Oil, Inc.: Sher Trvl-$1,131.37; Highway Fund-$4,602.79; Saul Mineroff Electronics Inc: Sher Comp-$503.00; Servall Towel & Linen,Inc: Gen Govt Bldg Contracts- $169.99; Highway Fund-139.17; Sign Express Inc: Sher Equip-$192.37; Spearfish City Of: Weed Supp Map-$15.00; Spearfish Auto Supply Inc: Weed Supp-$251.97; Highway Fund- $456.61; Spearfish Fire Dept: Fire Adv-$96.76; Specialized Auto Service Inc: Highway Fund- $210.45; T&W Appliance/Knothole: Jail Supp-$144.57; Weed Supp-$26.11; Telcomco Communications: Emerg Management Fund-$67.00; Texaco, Inc: Sher Trvl-$208.71; The Wrench Specialties: Highway Fund-$66.00; Tigerdirect: Comp Supp-$159.27; Twin City Hardware & Lumber : Emerg Management Fund-$3.21; Tymkowych,N: Jail Blood-$35.00; U Bid Online Auction: Comp Equip-$719.27; Us Postal Service: Deeds Rent-$120.00; Ultramax Sher Supp-$164.00; Va Black Hills Health Care Sys: Jail Med- $36.00; Victims Of Violence: Domestic Abuse-$580.00; Walmart Store Inc: Various Supp- $240.50; Warne Chemical Inc: Highway Fund Supp-$10,799.00; Wenzel Construction: Jail Supp-$3,300.00; Western Communication Inc: Sher Radio-$17.16; Emerg Management Fund Project-$15,735.13; Western Sd Juvenile Serv: Jdc-$2,026.62; Williams Standard Serv: Fire Adv-$20.00; Sher Trvl-$126.44; Worldcomm Mci Inc: Various Util-$803.38; Xerox Corporation: Sher Supp-$110.00: Z & S Dust Control Inc: Highway Fund-$55,577.26; Jurors ,Witness & Election Worker Fee: Trent,J-$95.00; Christensen,P-$58.70; Geigle,E-$100.00; Olson,R-$208.50; Richards,C-$98.00; Whartman,N-$49.00; Hogen,G-$10.00; Cook,C-$18.70; Deux,J-$98.00; Kroger,J-$98.00; Paris,N-$147.00; Ollila,E-$225.60; Evans,B-$59.86; Keifert,L- $23.34; Coates,R-$58.70; Foster,W-$57.54; Hatheway,A-$58.70; Holso,C-$51.74; Jensen,M- $58.12; Magnusson,J-$56.96; Reagle,C-$64.50; Ulvestad,L-$50.58; West,C-$59.86; Barraclough,J-$58.70; Braun,M-$18.70; Chapel -$18.70; Coin,J-$24.50; Cornell,B-$19.28; Decker,J-$58.70; Dobbs,S-$61.60; Downing,H-$15.22; Green,D-$19.86; Hansen,B-$18.70; Harich,A-$18.70; Hayward,I-$50.58; Henwood,D-$61.02; Johnson,M-$21.60; Kleinheksel,M- $11.74; Koistinen,E-$58.70; Kracht,L-$55.22; Lammert,L-$11.74; Lax,C-$19.28; Ludens,M- $58.70; Marshall,J-$58.70; Nelson,R-$10.58; Pock,K-$12.90; Pulaski,C-$50.58; Rahja,C- $18.70; Ridley,C-$19.28; Savage,D-$58.70; Trewin,R-$10.58; Utecht,D-$15.22; Zwaschka,M- $58.70; Ahl,R-$18.70; Aspelin,C-$21.60; Barker,T-$17.54; Bender,L-$55.80; Bowman,J- $50.58; Burtzlaff,D-$61.60; Caldwell,R-$51.16; Dafoe,L-$58.70; Eisenbarth,S-$11.74; Ewing,S- $21.60; Feist,C-$18.70; Fust,D-$52.32- Haak,L-$21.60; Hall-Grass,K-$18.70; Hanson,E- $57.54; Jacobs,M-$11.16 ; Langdeau,K-$18.70; Latuseck,C-$12.90; Lewis,L-$18.70; Liggett,P- $54.06; Lillehaug,J-$20.44; Melcher,G-$19.86; Mills,D-$51.74; Nichols,M-$16.96; Oestreich,E- $20.44; Pidde,L-$54.64; Rosenau,A-$21.60 ; Rosenau,D-$11.74; Takacs,T-$20.44; Torres,A- $11.74 ; Zimbleman,R-$61.60; Carlson,L-$36.82; Coon,D-$21.74; Craig,S-$49.00; Hovdenes,J- $28.70; Lewton,E-$21.74; Luze,L-$21.74; Madsen,H-$22.90; Madsen,T-$22.90; Morgan,M- $30.15; Ness,C-$49.00; Oland,K-$20.58; Poage,S-$336.84; Raab,B-$46.10; Rising,K-$54.80; Updike,M-$27.54; Waltman,J-$20.00; Waltman,M-$20.00; Whartman,C-$49.00; York,B- $97.16; Westphal,H-$75.00; Silvernail,G-$95.00; Waisanen,A-$75.00; Jones,D-$75.00; Mccormick,R-$95.00; Lackey,E-$75.00; Dingeman,E-$75.00; Mattson,D-$75.00; Mattern,N- $75.00: Callahan,M-$75.00; Hallinger,R-$75.00; Quaschnick,E-$95.00; Keough,M-$75.00; Aman,B-$75.00; Hovland,A-$95.00 Burleson,A- $75.00; Moe,F-$75.00; Taylor,J-$95.00; Montgomery,H-$75.00; Zwingelberg,A-$75.00; Hunt,D-$95.00; Schenk,D-$75.00; Robinson,P- $75.00; Kellogg,D-$95.00; Cook,S-$75.00; Robidou,E-$75.00; Doran,L-$75.00;Seymour,C- $95.00; Hyde,C-$75.00; Caserio,M-$75.00; Hink,J-$75.00; Vodopich,M$75.00; Seward,S- $75.00; Tetrault,R-$80.00;

______DATE

______CONNIE DOUGLAS Chairperson ATTEST

______CONNIE ATKINSON Auditor

LAWRENCE COUNTY COMMISSIONERS MEETING - JULY 6, 2001

Chairperson Connie H. Douglas called the regular meeting of the Lawrence County Commissioners to order at 8:00 a.m. on July 6, 2001 in the Administrative Annex Building of the Lawrence County Courthouse located at 90 Sherman Street, Deadwood, SD with Commissioners James J. Seward, Terry Weisenberg, Barbara Mattson and George Opitz present.

All motions were passed by unanimous vote unless stated otherwise.

MINUTES: Moved-Seconded (Seward-Weisenberg) to approve the minutes of June 26, 2001. Motion Carried.

MEETING CHANGE: The Board changed the July 24 th meeting to July 23 rd , 2001.

AUDITOR’S ACCOUNT WITH TREASURER REPORT: Moved-Seconded (Seward- Douglas) To accept the following report as read by the Auditor. Motion Carried. Auditor's Account with the County Treasurer: The Auditor's Account with the County Treasurer as of June 30, 2001 showed the following: Total amount of deposits in banks-$9,343,982.54; Total amount of actual cash-$1,000.00; Total amount of Checks and drafts in Treasurer's possession not exceeding three days check deposit in transit)-$54,980.21; Total amount of cash in transit in Treasurer's possession (cash deposit in transit)-$3,263.07; Petty Cash-$1,585.00; Total- $9,404,810.82. (NOTE: petty cash includes: Sheriff-$1,000; Reg.of Deeds-$275; Auditor-$100; Hwy & Planning & Zoning-$50; Equalization-$35.; Public Defender, Gen.Govt.Bldgs and Extension-$25). Total amount of deposits in bank include: CD's-$6,250,000.00; Bank Balance- $2,928,140.04; and GNAM's-$165,842.50.

SUPPLEMENTS: Moved-Seconded (Opitz-Mattson) to set a supplemental budget for Teen Court for the JAIBG match funds and for the Courts - Court Appointed Attorney-$125,000 and Court Judges - $25,000 for July 23rd at 8:45a.m.. Motion Carried.

LEGISLATIVE AUDIT - LETTER OF UNDERSTANDING: Bruce Hintz, Department of Legislative Audit, informed the Board he would be auditing Lawrence County for 99-00. The Chairman signed the Letter of Understanding with the Department of Legislative Audit.

PUBLIC DEFENDER: Joe Kosel, Public Defender, discussed the possibility of representing a Meade County Client. Kosel stated he currently has the client on a Lawrence County issue and would like to represent the individual on the Meade County charges as well. Kosel stated he would bill Meade County for his time and expenses and receipt into the General Fund. The Board was in agreement with the request.

E911 UPDATE AND CORNER MARKER SURVEY: Tom Sandvick, E911 Coordinator, updated the Board on the progress of the rural addressing project. Sandvick also requested the County enter into a contract with Sign-Up LTD of Webster City, IA to provide aCorner Marker Survey. They would determine the proper location and grade of each sign, along with other services. Sandvick stated the approximate cost for the service would be $6,587.50. Spearfish would be responsible for half of this cost. The Board discussed the pro’s and con’s of erecting road signs and the capabilities of technology. Moved-Seconded (Mattson-Seward) to authorize the Chair to sign a contract with Sign-Up LTD after the States Attorney has prepared and Sign- Up has signed off on the contract. Motion Carried. Aye-4, Nay-Weisenberg. Weisenberg stated technology would be available soon that will direct you to a specific site without the need for these signs.

SURPLUS COMPUTER EQUIPMENT: Greg Dias, Computer Systems Manager, stated Lawrence County has the opportunity to give the IBM 522 printer to Nash Finch. The printer was used with the AS400 system and has not been utilized for four years. Dias stated this printer has a market value of $0. The printer is so outdated and the cost of moving the printer makes it a burden to the County. Dias presented a copy of a request he made to IBM to check on trade-in or resale

value. IBM stated they would not take the printer, not even for scrap because of transportation costs. There are only 5 of these printers operating in Western SD. Moved-Seconded (Opitz- Seward) to declare the IBM 5262 AS400 printer surplus, appraise at $0, and allow Nash Finch to take the printer after they relinquish all liability upon receipt of the printer. Motion Carried.

BURT ROW / SEPTIC FEES: Burt Row requested a refund of $200 for the septic permit fee for his son. Row explained a permit was purchased however, when it came time for the County to do a final inspection and sign off on the permit the County Health Department was terminated. Moved-Seconded (Opitz-Mattson) To refund the $200 permit fee to Mr. Row because the inspection was not completed by the County due to the transition period. Motion Carried.

SMART GROWTH PROGRAM / N.B.H.A OF REALTORS: Natalya Livingston, Northern Black Hills Association of Realtors, presented the Board with a copy of “On Common Ground – Realtors & Smart Growth”. Livingston stated the magazine helps to define smart growth and shows ways to present smart growth to a wide audience.

2002 BUDGET: The Board reviewed the 2002 budget requests and will meet on July 23 rd to discuss the budget further.

BILLS: Moved-Seconded (Weisenberg-Douglas) to approve payment of the following payroll and authorize the Chairman to sign the following vouchers drawn on the proper funds. Motion Carried Payroll: Comm-$3,029.44; Aud-$4,151.94; Treas-$6,279.78; Comp-$4,038.94; States Atty- $8,592.41; Pub Def-$8,969.93; Gen Govt Bldg-$4,164.00; Equal-$8,306.45; Deeds-$4,651.11; Vso-$670.88; Dispatch-$6,692.24; Sher-$29,261.43; Jail-$13,297.25; Emerg Mngt Fund- $1,350.21; E911-$999.20; Highway Fund-$24,428.32; Airport-$30.79; Exten-$951.20; Soil- $486.60; Weed-$4,431.95; P&Z-$2,227.61; All Of These Bills Were Drawn From The General Fund Unless Otherwise Noted: American Family Life Inc: Various Life-$807.34; Highway Fund-$335.84; Emerg Mngt Fund-$52.70; Bh Federal Credit Union: Various Pay Ded- $5,684.00; Highway Fund-$1,214.29; Blue Cross: Various Life & Hlth-$22,028.50; Highway Fund-$9,129.28; Emerg Mngt Fund-$11.13; Deadwood Rec Center: Various Pay Ded-$85.00; Dept.Of The Treasury: Various Oasi-$13,027.46; Highway Fund-$2,761.02; Emerg Mngt Fund- $164.16; E911-$123.90; Various Fit-$11,906.16; Highway Fund-$2,350.17; Emerg Mngt Fund- $152.86; E911-$125.98l Various Medi-$3,046.62; Highway Fund-$645.74; Emerg Mngt Fund- $38.40; E911-$28.98; Nh Family Ymca: Various Pay Ded-$382.00; Highway Fund-$52.00; Office Of Child Support: Highway Fund-$284.50; Queen City Medical Center: Jail-$50.00; Sd Supplemental Retirement: Various Supp Ret-$691.50; Highway Fund-$171.00; Emerg Mngt Fund-$25.00; State Disbursement Unit/169763: Jail-$60.00; Baloun,T: Pub Def Trvl-$10.80; Mowell,R: Jail Bd Pris-$8,590.50; Piekkola,D: Equal Trvl-$24.00; Ziegenbein,S: Weed Trvl- $10.00; Abc Business Supply Corp: Various Supp-$38.69; Bh Chemical Company Inc: Gen Govt Bldg Supp-$1,454.15; Bh Elevator Systems Inc: Gen Govt Bldg-$402.04; Bh Pest Control: Gen Govt Bldg-$275.00; Bh Pioneer Inc: Various Adv-$484.63; Bh Power & Light, Rapid: Various Util-$920.51; Highway Fund-$9.85; Emerg Mngt Fund-$9.85; Fire Adv-$9.85; Baker,G: Jail Blood-$210.00; Best Business Prod Inc.: Highway Fund-$33.37; Bob's Pharmacy Thift Cent Inc: Weed Supp-$11.76; Brevis Corporation: Exten Supp-$92.48; Butte Electric Coop., Inc: Weed Util-$43.78; Cardinal Printing: Sher Supp-$33.60; Cellmark Diagnostics Inc: States Atty Wit-$2,690.75; Cellular One: Various Util-$45.22; Emerg Mngt Fund-$43.22; Central Parts: Highway Fund-$182.36; Chain Saw Center: Weed Repair-$52.95; Corral West: Jail Supp- $26.95; Culligan Soft Water Serv Inc: Weed Supp-$13.50; Dakota Laser Tech: Exten Supp- $21.00; Deadwood, City Of: Gen Govt Bldg Util-$1.034.85; Highway Fund-$38.00; England, Leslie J.: Comm Comp Plan Legal Fees-$541.63; Extension Service #376287: Exten Trvl- $86.44; Family Thrift Center Inc: Weed Supp-$2.00; Guilbert,M: Jail Med-$204.00; Great Western Tire Inc: Highway Fund-$81.95; Hengel Associates Pc: Emerg Mngt Fund-$250.00; Hills Material Comp. Inc.: Highway Fund-$3,390.20; Hills Tire And Supply Inc: Highway Fund- $1,662.96; Honeywell Inc: Gen Govt Bldg Repair-$625.00; Ikon Office Solutions Inc: Various Supp-$2,182.87; K Mart 3893: Jail Supp-$48.88; Kadrmas, Lee And Jackson Inc: Equal Map- $2,825.00; Karl's Inc: Jail Supp-$50.00; Kota Graphics: Sher Supp-$613.75; Lc Public Health: Nurses July Allotment-$2,208.00; Lead, City Of: Ca Util-$150.00; Lee,J: Gen Govt Bldg Contracts-$15.00; Lead-Deadwood Sanitary: Ca Util-$37.25; Highway Fund-$13.00; Matthew Bender & Co. Inc:

Various Supp-$495.12; Mcarthur,J: Jail Blood-$35.00; Mcleod's Office Supply Inc: Comp Supp- $1,607.53; Meade County Sheriff: States Atty Pser-$17.10; Montana Dakota Utilities: Various Util-$2,413.35; Highway Fund-$61.62; Morman Law Firm: Caa-$48,634.12; Nh General Hospital: Ambulance Yearly Allotment-$5,225.00; Northwest Human Service Center: Pub Def Supp-$30.00; Ore Car Express Inc: Sher Trvl-$25.00; Outdoor Motor Sports: Emerg Mngt Fund- $110.97; Pitney Bowes, Inc.: Exten Supp Grant-$117.20; Rc Regional Hospital Inc: Ca Hosp- $3,511.06; Radio Shack: Sher Comp-$10.47; Radisson Motel: Crts Juror-$3,900.81; Radiology Associates: Ca Doctor-$9.76; Sd State Treasurer: Mh Serv-$240.00; Sd Federal Property Agency: Sher Supp-$6.00; Sd Public Assur Alliance: Insurance Coverag-$299.00; Sd Sheriff's Association: Sher Supp-$70.76; Saint Joseph Hospital: Pub Def Supp-$20.00; Salzsieder,M: Exten Rent-$3,435.00; Saul Mineroff Electronics Inc: Sher Supp-$20.00; Servall Towel & Linen,Inc: Gen Govt Bldg Contracts-$169.99; Spearfish City Of: Ca Util-$150.00; Spearfish Canyon Resorts Llc: Weed Adv-$85.00; Specialized Auto Service Inc: Weed Repair-$122.75; State Hospital: Pub Def Supp-$27.00; Stratford, William D. Md: Crts Jud-$4,140.00; Swanson,T: Jail Blood-$35.00; Teen Court Inc: Crts Remaining Allotment-$3,400.00; Teen Court Inc: Grant Jaibg-$1,100.00; The Learning Company: Gen Govt Bldg Off Supp-$45.90; Tridle,J: Law Lib-$100.00; Twin City Hardware & Lumber Inc: Gen Govt Bldg Supp-$364.52; Highway Fund-$4.13; U Bid Online Auction: Comp Supp-$415.88; Us Marshall Service: Sher Trvl-$800.00; Viking Office Prod: Emerg Mngt Of Supp-$80.21; Vodopich,R: Crts Jud-$537.54; Walmart Store Inc: Various Supp-$143.09; Warne Chemical Inc: Weed Supp-$109.19; Waste Connections, Inc: Gen Govt Bldg Util-$200.94; West Group: Crts Law Lib-$2,687.75; Western Communication Inc: Emerg Mngt Fund-$4,921.00; Highway Fund-$294.10; Z & S Dust Control Inc: Highway Fund-$20,617.82; Jurors & Witness: Christopherson,L-$61.60; Gill,M-$59.86; Hartman,C-$60.44; Hill,S-$61.60; Jacobsen,W-$59.28; Katz,C-$51.74; Peterson,J-$60.44; Redinger,J-$58.12; Casper,J-$21.60

ADJOURN: 11:45 a.m. - There being no further business it was Moved-Seconded (Weisenberg-Douglas) to adjourn. Motion Carried.

______DATE

______CONNIE H. DOUGLAS, Chairperson ATTEST:

______CONNIE ATKINSON, Auditor LAWRENCE COUNTY COMMISSIONERS MEETING – JULY 23, 2001

Chairperson Connie H. Douglas called the regular meeting of the Lawrence County Commissioners to order at 8:00 a.m. on July 23, 2001 in the Administrative Annex Building of the Lawrence County Courthouse located at 90 Sherman Street, Deadwood, SD with Commissioners James J. Seward, Terry Weisenberg, Barbara Mattson and George Opitz present.

All motions were passed by unanimous vote unless stated otherwise.

MINUTES: Moved-Seconded (Opitz-Seward) to approve the minutes of July 6, 2001. Motion Carried.

PERSONNEL: PUBLIC DEFENDER: Moved-Seconded (Mattson-Douglas) to approve Molly Smith as a paralegal/investigator in the Public Defender’s office effective August 6, 2001 at the rate of $13.00 per hour. Motion Carried.

EXTENSION: Moved-Seconded (Seward-Weisenberg) to approve Connie Ellingson as a temporary part-time clerk I at the rate of $6.37 an hour effective July 23, 2001. Motion Carried.

SHERIFF: Moved-Seconded (Opitz-Seward) to approve Jeremy Horton and Bret Sether as Temporary Employees at $12.00 an hour from August 3-10 th , 2001 for the Bike Rally and to allow a per diem of $15.00 per day to cover expenses. Motion Carried.

VOLUNTEER FIRE DEPARTMENT MEMBERS: Moved-Seconded (Weisenberg-Opitz) to approve Loren Benedict as a Volunteer Fire Fighter for insurance purposes. Motion Carried.

SUPPLEMENTAL BUDGET: Moved-Seconded (Weisenberg-Seward) to approve the following Resolution #01-23 to Adopt A Supplemental Budget. Motion Carried.

RESOLUTION #01-23 TO ADOPT A SUPPLEMENTAL BUDGET: WHEREAS, the County Budget for Lawrence County, South Dakota, for the fiscal year 2001, failed to provide sufficient revenue to enable the County to conduct the indispensable functions of Government, and WHEREAS, the Board of County Commissioners of said County deems it necessary to make a Supplementary Budget, providing for appropriation in the amounts set out below. NOW, THEREFORE, be it RESOLVED THAT SAID BOARD, make, approve and adopt a Supplemental Budget for Lawrence County, South Dakota, for the year 2001, and that in said budget there will be and is hereby appropriated the following sum of money, to-wit: GENERAL FUND - COURTS - $152,400; TEEN COURT- $2,400; COURT APPOINTED ATTY - $125,000; JUDGES - $25,000. The funds for the above amounts are to be provided from unappropriated cash balances and estimated revenue in the designated Fund. Be it further RESOLVED that a hearing was held on the 23 RD day of July, 2001 at the hour of 8:45 o'clock, a.m. in the Commissioners' Room in the Administrative Office Building at 90 Sherman Street, Deadwood, Lawrence County, South Dakota, and that said Notice of Hearing was posted according to law, SDCL 7-21-22. IN WITNESS WHEREOF, we have hereunto set our hands and official seal of Lawrence County, this 23 rd day of July, 2001. BOARD OF COUNTY COMMISSIONERS: Connie H. Douglas, Chairperson, Barbara A. Mattson, James J. Seward, Terry Weisenberg And George Opitz. ATTEST Connie Atkinson, AUDITOR.

ROCKY MOUNTAIN ELK FOUNDATION: The Board was notified that the Rocky Mountain Elk Foundation Gold Country Chapter will be holding raffles at its banquet September 8, 2001 at the Deadwood Gulch Resort.

TERRY PEAK TOWER CONSTRUCTION UPDATES: Howard Muchow gave an update on the progress of the tower construction. Muchow stated the Highway Department will build the Ice Shield and the Base Protection at a fraction of the cost.

EMERGENCY MANAGEMENT: Muchow discussed a grant to purchase digital radios. The radio’s cost $1,840 each, with the grant of 50% the cost to the county is $940. The Board asked Muchow to prepare a report on how communications are handled in an emergency. The Board also requested that Muchow discuss this with other emergency services in the county and report back the total amount of radio’s being purchased.

HIGHWAY APPLICATION FOR OCCUPANCY OF ROW: MIDCONTINENT COMMUNICATIONS: Moved-Seconded (Seward-Opitz) To approve the application for occupancy on right of way for Midcontinent Communications on the Homestead Road, T6N, R2E, Sec 8 for CATV Service. Motion Carried.

QWEST COMMUNICATIONS: Moved-Seconded (Weisenberg-Douglas) To approve the application for occupancy on right of way for QWEST Communications for cable occupancy to supply phone service to Jack Johnson in Sec 17, T4N, R3E. Motion Carried.

EQUALIZATION: Darlene Piekkola was present to update the Board on office projects. Piekkola presented a map that was generated using ARC View.

RICHMOND HILL MINE / CUP #116, 125 & 202: Todd Duex, LAC Minerals, presented the 2000 Annual Report for Richmond Hill Mine. Duex reviewed the 2000 Activities and the 2001 plans. The plans for 2001 included continued monitoring of site, submittal of leach pad closure plan, technical revision to reduce monitoring and sludge removal program from Pregnant and Storm Water Ponds.

COURTS: Judge Johnson was present to discuss budget issues with the Board. The Board discussed the possibility of eliminating the Law Library and using on-line services to access the law materials needed. Johnson stated they have been scaling back the amount of books that are purchased. Johnson stated there are strong feelings that the Law Library is still needed. Manning DeCastro, Courts Law Clerk, stated not all resources are available on-line and the library is still needed for secondary sources. Douglas stated the County does not have the resources to fund a service that can be accessed from somewhere else. The issue will be researched further before any decisions are made.

CUP #273 / CAROL FITZGERALD: Erik Birk, Planning & Zoning Director, stated the application for CUP#273 has been withdrawn.

VARIANCE #88 – MICHELE GOODWIN: A public hearing was held on a Request for Variance No. 88 for Michele Goodwin. Legal: Lot 9B of Lot 9, W1/2SE1/4 of section 4, T6N, R2E, B.H.M., located at 238 Upper Valley Road, Spearfish. Reason for Variance: to request an (8) eight foot variance into the (8) eight foot setback from the property line on the North and East side of the property as required, to construct a (2) two car garage. No opposition was noted. Moved-Seconded (Weisenberg-Opitz) to approve Variance #88 for Michele Goodwin. Motion Carried.

2002 BUDGET: The Board continued work on the 2002 budget requests. Highway, Equalization, Emergency Management, Sheriff, Planning & Zoning, Treasurer, and Weed representatives were present to discuss their requests. Douglas asked the Auditor to remove all requested raises, except a 3% cost of living increase, for employees and report the effects on the proposed budget. The 2002 budget will be discussed at the August 14 th meeting. No final decisions were made at this time.

EXECUTIVE SESSION 2:20 p.m.: Moved-Seconded (Seward-Mattson) to go into executive session for personnel. Motion Carried. 2:25 p.m. opened.

BILLS: Moved-Seconded (Weisenberg-Mattson) to approve payment of the following payroll and authorize the Chairman to sign the following vouchers drawn on the proper funds. Motion Carried Payroll: Comm-$3,029.44; Aud-$4,151.94; Treas-$6,326.15; Comp-$4,038.94; States Atty- $8,815.17; Pub Def-$4,199.07; Gen.Govt.Bldg-$4,164.01; Equal-$8,183.90; Deeds-$4,781.51; Vso-$670.88; Dispatch-$8,520.43; Sher-$23,858.30; Jail-$14,365.52; Emerg Mgnt Fund- $1,350.21; E911-$1,074.14; Highway Fund-$24,408.31; Exten-$1,053.12; Soil-$486.60; Weed- $3,672.86; P&Z-$2,227.61; All Of These Bills Were Drawn From The General Fund Unless Otherwise Noted: At&T: Highway Fund-$85.84; Bh Federal Credit Union: Various Pay Ded- $5,634.00; Highway Fund-$1,214.29; Butte Electric Coop Inc: Highway Fund-$182.65; Dept.Of The Treasury: Various Medi-$2,826.08; Highway Fund-$647.66; Emerg Mgnt Fund-$38.40; E911-$31.16; Various Oasi-$12,084.12; Highway Fund-$2,769.26; Emerg Mgnt Fund-$164.16; E911-133.20; Various Fit-$9,760.26; Highway Fund-$2,360.31; Emerg Mgnt Fund-$152.86; E911-$136.56; Mcleod Usa: Comp Supp-$1,607.53; North Central Credits Inc: Jail-$174.69; Office Of Child Support: Highway Fund-$284.50; Pennington County Sheriff: Treas-$25.00; Queen City Medical Center: Jail-$50.00; Sd Retirement System: Various Ret-$22,286.62; Highway Fund-$4,992.94;

Emerg Mgnt Fund-$277.64; E911-$209.84; Sd Supplemental Retirement: Various Supp Ret- $678.50; Highway Fund-$171.00; Emerg Mgnt Fund-$25.00; State Disbursement Unit 169763: Jail-$60.00; Verizon Wireless Inc: Various Util-$291.89; Kosel,J: Pub Def Trvl-$11.52; Wells,W: Weed Trvl-$61.20; A&B Welding Supply Inc: Highway Fund-$35.07; Abc Business Supply Corp: Various Supp-$316.25; Alco Store #262 Inc: Pub Def Supp-$24.98; Altaire Enterprises Inc: Soil Util-$10.00 ; Amcon Distributing: Jail Comm-$204.34; Amoco Oil Co: Sher Trvl-$99.55; At&T: Weed Util-$37.99; Avaya, Inc: Highway Fund-$29.70; Bh Ammunition Inc: Sher Trvl-$363.04; Bh Chemical Company Inc: Highway Fund-$117.80; Bh Medical Ctr Pharmacy Inc: Jail Med & Ca-$1,559.99; Bh Pioneer Inc: Various Adv-$142.01; Bh Power & Light, Rapid: Highway Fund-$37.66; Airport-$9.50; Bh Windshield Repair: Ins- $45.00; Best Business Prod Inc: Deeds Repairs-$1,009.35; Blackinton, J G Phd: Crts Therapy- $70.00; Buckstop Express Mart Inc: Sher Trvl-$291.95; Business Aviation Inc: Airport-$712.80; Butler Machinery Co. Inc: Highway Fund-$250.12; Campbell Supply Co: Weed Supp-$74.95; Carquest Of Spearfish: Sher Trvl-$12.18; Chartone Inc: Pub Def Supp-$30.26; Chemsearch Inc: Gen.Govt.Bldg Supp-$496.59; Chris Supply Co Inc: Sher Comp-$36.64; Christensen Law Office: Caa-$234.50; City/County Alcohol: Jail Bd.Of Prisoner-$285.00; Clinical Lab Of B.H: States Atty Serv-$300.00; Coley,M: Jail Serv-$60.00, Community Hth.Serv: Comm.Serv- $30.00; Compaq: Comp Equip-$2342.00; Conoco: Sher Trvl-$423.28; Culligan: Weed Supp- $20.00; D.M.Data: Comp Training-$1,500.00; Dakota Graphics: Deeds Supp-$150.00; Deckers: Jail Supp-$77.81; Earthscan Network: Weed Supp-$1,020.00; Edwards,C: Soil Trvl-$30.40; England,L: Comm.Serv-$1,811.04; Evers,G: Crts.Juror-$28.70; Family Medical Center: Ca- $590.40; Family Thrift: Weed Supp-$7.84; Federal Express Corp: Sheriff Supp-$6.52 ; Fish,V: Pub.Def Serv-$150.00; Frederickson,J: Caa-$670.00; Gene's Lock Shop: Sherif Supp-$7.50; Gold Dust: Crts-$75.19; Golden West: Sher Util-$37.50; Great Western Tire: Sher Supp-$75.97; Grizzly Sign: Weed Supp-$230.00; Havemeier,L: States Atty Pserv-$16.00; Ibm: Computer M/A-$149.40; Sheriff M/A-$185.00; Jensen,K: Soil Trvl-$42.56; Johnson Ford: Sher Repairs - $228.18; Kmart: Equal Supp-$28.88; Kadrmas, Lee And Jackson: Airport Serv-$2,290.42; Knecht: Weed Supp-$84.34; Koala Electric: Gen.Govt.Bldg. Repairs-$1,229.57; Kullbom,T: P&Z Per Diem-$1,14.40; Lc Centennial Inc: Various Adv-$382.02; Lc Sheriff: Sher Trvl- $97.67; Lee,J: Gen.Govt.Bldg Contracts-$15.00; Lead-Deadwood Sanitary: Gen.Govt.Bldg Util- $458.16; Lookout Memorial Hospital: Ca Hosp-$3,086.02; Lustig,K. Md: Ca Doctor-$78.00; Ms Mail: Crts Casa-$247.06; Macks Auto Body: Ins & Sher-$2,140.01; Mailworks Plus : Various Supp-$17.62; Maintenance Usa: Gen.Govt.Bldg Supp-$210.42; May, Johnson, Doyle & Becker Inc: Caa-$650.50; Mcarthur,J: Jail Blood-$70.00; Mcpherson Propane Inc: Highway Fund- $11.25; Sher Util-$11.25; Fire Adv-$11.25; Emerg Mgnt Fund-$11.25; Medicap: Ca Meds- $39.80; Mersco Medical Spearfish: Ca Med-$35.00; Montana Dakota Utilities: Ca Util-$300.00; Mutchler,T: Pub Defprof Serv-$43.75; Nh General Hospital: Jail Med-$1,115.23; Nh Plaza: Soil Supp & Rent-$282.08; Njs Engineering Inc: Windstrom-$1,186.92; Nelson,T: Jail Blood- $280.00; Neurosurgical Associates: Ca Doctor: $3,817.04; Neve's Uniforms Inc: Sher Equip- $69.50; Northwest Pipe Fit Inc: Gen.Govt.Bldg Repairs-$214.96; Pennington Co Auditor: Mh Serv-$33.00; Pennington Co. Jail: Jail Bd Of Pris-$352.60; Phillips Petroleum Co. Inc: Sher Trvl-$11.80; Queen City Rocket Lube: Sher Trvl-$160.00; Qwest: Various Util-$3,036.58; Highway Fund-$194.43; E911-$541.83; Emerg Mgnt Fund-$151.61; Quill Corp: Aud Supp- $90.30; Rc Community Health: Jail Med-$37.20; Rc Finance Office: Jail Blood-$875.00; Radio Shack: Various Comp-$1,739.15; Rand's Photo: Sher Photo-$97.98: Reddick,E: Soil Trvl- $34.44; Reliable Inc: Deeds Supp-$24.07; Sd Assoc Of Weed &Pest Boards: Weed Trvl- $100.00; Sd Federal Property Agency: Weed Supp-$35.00; Sanito Oil, Inc: Sher Trvl-$1,019.25; Schultz,K: Soil Trvl-$56.58; Servall Towel & Linen Inc: Gen.Govt.Bldg Contracts-$169.99; Slowey, Y: Mh Serv-$100.00; Snorteland,I: Exten Supp & Trvl-$569.61; Spearfish Auto Supply Inc: Highway Fund-$716.30; Specialized Auto Service Inc: Weed Repair & Maint-$975.00; Highway Fund-$24.00; Superior Lamp And Supply Inc: Gen.Govt.Bldg Supp-$319.89; Teen Court Inc: Match Monies Jaibg Grant-$2,400.00; Telcomco Communications: Sher Util-$59.75; Texaco Inc: Sher Trvl-$58.03; The Heart Doctors: Ca-$1,027.10; The Wrench Specialties: Highway Fund: $25.00; Thurman Law Office: Mh Serv-$87.79; Twin City Hardware & Lumber Inc: Sher Supp-$28.63; Usd School Of Law Foundation: Pub Def & States Atty-$50.00; United Imaging Supply: Sher & Jail Supp-$2,075.95; Verizon Wireless Inc: Sherif Util-$120.00; Walmart Store Inc: Weed Supp-$45.23; Wells Plumbing & Farm Supp Inc: Weed Supp-$88.22; Weese,S: Exten Trvl & Supp-$636.56; Western Sd Juvenile Serv: Jdc-$5,329.26; Wolff's Plumbing Inc: Various Repairs-$5,170.52; Worldcomm Mci Inc: Sher Util-$345.70; Xerox Corporation: Exten Various Supp-$248.00; Yankton Co. Sheriff: Mh Serv-$16.50; Yankton Urological Surgery Llc: Mh Serv-$105.94; Youngs: Gen.Govt.Bldg Supp-$286.23; Culligan Soft Water Serv Inc: Highway Fund-$30.50; Deadwood Supply Inc: Highway Fund-$49.33; Domestic Crisis Outreach: Domestic Abuse-$692.50; Victims Of Violence: Domestic Abuse- $692.50; Eddie's Truck Sales Serv Inc: Highway Fund-$46.56; Fisher Sand & Gravel Inc:

Snow Removal-$2,183.62; Godfrey's Brake Serv Inc: Highway Fund-$398.88; Hills Material Comp Inc: Highway Fund Supp-$6,024.91; Jd Evans Equipment Co Inc: Highway Fund-$90.10; John's Welding: Highway Fund-$10.00; Kar Products Inc: Highway Fund-$234.93; M-S Construction Inc: Highway Fund-$14,980.00; Nemo Volunteer Fire Dept: Fire Adv-$1,542.24; Novus: Highway Fund-$35.00; Office Technology Supply: E911-$219.96; Radio Shack: Hghway Fund-$1,619.95; Sanito Oil Inc: Highway Fund-$6,993.28; Servall Towel & Linen Inc: Highway Fund-$94.52; Telcomco Communications: E911-$23.90; Waste Connections Inc: Highway Fund Util: $121.38; Wells Plumbing & Farm Supp Inc: Highway Fund-$45.34; Young's Hardware Hank: Highway Fund Supp-$17.09; Z&S Dust Control Inc: Highway Fund- $29,933.32; Jurors & Witness Fees: Rollin,E-$29.28; Porter,M-$20.58; Aspen,R-$22.32; Taft,K-$27.54; Evans,B-$59.86; Keifert,T-$28.70; Coates,R-$58.70; Foster,W-$57.54; Hatheway,A-$58.70; Holso,C-$51.74; Jensen,M-$58.12; Magnusson,J-$56.96; Reagle,C-$58.70; Ulvestad,L-$50.58; West,C-$59.86; Lewton,E-$21.74; Allen,S-$27.54; Balander,M-$21.74; Bierschenk,A-$27.54; Bunt,S-$28.70; Colhoff,B-$27.54; Craig,W-$20.58; Culver,P-$29.28; Dahl,D-$28.70; Darland,E-$28.70; Flye,A-$20.58; Glover,B-$20.58; Haigh,C-$28.70; Hoist,K- $28.70; Hopkins,T-$21.74; Jassman,T-$20.58; Jones,K-$31.60; Kaberna,S-$419.04; Kautzman,M-$28.70; Kuegle,M-$21.74; Lee,D-$21.74; Lockhart,H-$29.28; Long,K-$28.70; Maafa,A-$28.70; Madrid,P-$28.70; Macdonald,D-$28.70; Miller,K-$27.54; Moran,S-$28.70; Nulle,K-$34.50; Ruth,D-$20.58; Samp,M-$202.12; Snedeker,J-$20.58; Trumbull,D-$111.06; Wager,M-$27.54; Walker,L-$29.28; Wenzlick,K-$54.80; Westbrook,S-$29.86; Wheeler,M- $21.74; Wick,R-$31.60; Young,T-$23.48; Zebroski,E-$27.54

ADJOURN 2:40 p.m.: - There being no further business it was Moved-Seconded (Weisenberg- Seward) to adjourn. Motion Carried.

______DATE

______CONNIE H. DOUGLAS, Chairperson ATTEST:

______CONNIE ATKINSON, Auditor LAWRENCE COUNTY COMMISSIONERS MEETING – AUGUST 14, 2001

Chairperson Connie H. Douglas called the regular meeting of the Lawrence County Commissioners to order at 8:00 a.m. on August 14, 2001 in the Administrative Annex Building of the Lawrence County Courthouse located at 90 Sherman Street, Deadwood, SD with Commissioners James J. Seward, Terry Weisenberg, and George Opitz present. Barbara Mattson absent.

All motions were passed by unanimous vote unless stated otherwise.

MINUTES: Moved-Seconded (Seward-Weisenberg) to approve the minutes of July 23, 2001. Motion Carried. Mattson absent.

SPEED LIMIT / WONDERLAND CAVE ROAD: Moved-Seconded (Opitz-Seward) to set the Speed Limit on the Wonderland Cave Road (F.S. Highway 26) to 45 Miles Per Hour. Motion Carried. Mattson absent.

TRAVEL REQUEST: SOIL CONSERVATION: Moved-Seconded (Weisenberg-Opitz) to approve the travel request for Dianne Miller, Kim Schultz and Ellen Reddick to attend the Convention for Conservation Districts in Rapid City on September 16-18, 2001. Motion Carried. Mattson absent.

COUNTY CONVENTION: Moved-Seconded (Opitz-Douglas) to authorize travel for Connie Atkinson, Judy Meverden, Deb Tridle, Chuck Williams, Bonnie Porter, and Terry Weisenberg to attend the County Convention in Aberdeen, SD on September 17-19, 2001. Motion Carried. Mattson absent.

WEED: Moved-Seconded (Weisenberg-Douglas) to approve the travel request for David Heck to attend the NAWMA Annual Conference and Trade Show in Colorado Springs, CO on August 15-16, 2001. Motion Carried. Mattson absent.

PERSONNEL: SHERIFF: Moved-Seconded (Opitz-Weisenberg) to approve Rachel Eggebo as a Correctional Officer Trainee at $6.54 an hour for 40 hours and then as a Correctional Officer I at $10.22 an hour, effective July 17, 2001. Motion Carried. Mattson absent.

Moved-Seconded (Weisenberg-Opitz) to approve Judy Metzger as a Secretary Step 7 at the base rate of $10.96 an hour, effective 8-14-01. Motion Carried. Mattson absent.

EMERGENCY MANAGEMENT: Howard Muchow, Emergency Management Director, submitted his letter of retirement effective September 30, 2001. The Board thanked him for his years of service and wished him well in his future adventures.

EQUALIZATION: Moved-Seconded (Weisenberg-Seward) to retain Angela Rommereim as a temporary Secretary Step 1 at the rate of $8.66 an hour (maximum hours for 2001 – 350 & maximum hours for 2002 – 380), effective 8-16-01. Motion Carried. Mattson absent.

AUDITOR’S ACCOUNT WITH TREASURER REPORT: Moved-Seconded (Opitz- Seward) To accept the following report as read by the Auditor. Motion Carried. Mattson absent. Auditor's Account with the County Treasurer: The Auditor's Account with the County Treasurer as of July 31, 2001 showed the following: Total amount of deposits in banks- $9,097,942.99; Total amount of actual cash-$1,000.00; Total amount of Checks and drafts in Treasurer's possession not exceeding three days check deposit in transit)-$20,037.15; Total amount of cash in transit in Treasurer's possession (cash deposit in transit)-$2,587.46; Petty Cash-$1,585.00; Total-$9,123,152.60. (NOTE: petty cash includes: Sheriff-$1,000; Reg.of Deeds-$275; Auditor-$100; Hwy & Planning & Zoning-$50; Equalization-$35.; Public Defender, Gen.Govt.Bldgs and Extension-$25). Total amount of deposits in bank include: CD's- $6,250,000.00; Bank Balance-$2,692,144.14; and GNAM's-$155,798.85.

VOLUNTEER FIRE DEPARTMENT MEMBERS: Moved-Seconded (Seward-Opitz) to approve John B. Carter and Van Wire as a Volunteer Fire Fighter for insurance purposes. Motion Carried. Mattson absent.

SOCIAL ECONOMIC ENVIRNMENTAL (SEE) STUDY TEAM: Moved-Seconded (Seward-Opitz) to appoint Chuck Williams to the Social Economic Environmental (SEE) Study Team for SD Forest Highway (FH) 27, Iron Creek – Spearfish Road Project. Motion Carried. Mattson absent.

1999-2000 AUDIT: Bruce Hintz, Department of Legislative Audit, informed the Board that he has completed the 1999-2000 audit for Lawrence County. Hintz stated this would be a clean audit with no written comments.

SUPPLEMENTAL BUDGET: Moved-Seconded (Seward-Weisenberg) to set a supplemental budget for the States Attorney for $25,800 (Professional Services-$13,000; Travel-$2,800; Witnesses-$10,000) on August 28, 2001 at 9:30 a.m. Motion Carried. Mattson absent.

RESOLUTION #01-24 LIQUOR LICENSES: Moved-Seconded (Weisenberg-Opitz) to approve the following Resolution #01-24 Liquor Licenses for 2002. Motion Carried. Mattson absent. RESOLUTION #01-24 LIQUOR LICENSES : WHEREAS, Lawrence County has the authority to determine the number of On-Sale and Off-Sale liquor licenses it will approve for the ensuing calendar year, SDCL 35-4-11.1, and WHEREAS, the State of South Dakota by virtue of SDCL 35-4-2 determines the fees to be charged for the various classifications of licenses, and THEREFORE, BE IT RESOLVED that we, the Board of County Commissioners, will approve Two (2) Off-Sale and Nine (9) On-Sale Liquor Licenses or the number issued in 2001, whichever is less for the ensuing year, and Three (3) Retail On-Sale Wine License, and BE IT FURTHER RESOLVED that the Board of County Commissioners list the following fee schedule as a matter of record: A) On-Sale dealer-any person who sells or keeps for sale any alcoholic beverage for consumption on the premises where sold. Those current license holders being closer to Spearfish (1st class city) to be charged the fee of $1,500.00: Margie's Dinner Club; Queen City VFW Post #5860. Those current license holders being closer to Lead, Deadwood or Whitewood (2nd class cities) to be charged the fee of $1,200.00: Lead Country Club; Black Hills Chair Lift Co.; Ponderosa Bar / Nemo Guest Ranch; Spearfish Canyon Resorts LLC; Deer Mountain Ski Area; Boulder Canyon Country Club; Tomahawk Lake Country Club; B) Off-Sale dealer - any person who sells or keeps for sale any alcoholic beverage for consumption other than on premises where sold. Fee - $400.00: Ponderosa Bar / Nemo Guest Ranch; St. Onge Store; C) Retail On-Sale Wine - Fee - $500.00: Latchstring Village; Snow Adventures Inc.; Seven Down LLC. D) Sunday On-Sale liquor licenses-Additional - $200.00. DATED at Deadwood, South Dakota, this 14th day of August, 2001. LAWRENCE COUNTY COMMISSIONERS: Connie H. Douglas, Chairperson, Barbara A. Mattson, James J. Seward, Terry Weisenberg And George Opitz. ATTEST Connie Atkinson, AUDITOR.

BARK BEETLE INFESTATION: Bill Coburn, Timber Committee Member, was present to discuss Park Beetle infestation. Coburn displayed pictures and showed a video on the infestation of Forbes Gulch Meadow.

EMERGENCY MANAGEMENT: Moved-Seconded (Opitz-Weisenberg) to authorize the Chairman to sign the 50% match grant agreement ($920) for one digital mobile radio for Emergency Management. Motion Carried. Mattson absent.

EXECUTIVE SESSION: Moved-Seconded (Opitz-Seward) to go into executive session at 9:05 a.m. for legal matters with Bruce Outka, Deputy States Attorney. Motion Carried. Mattson absent. 9:27 opened.

CHANGE OF ZONING #209 & 210 ELKHORN RIDGE GUEST LODGING & ELKHORN RIDGE SERVICE CENTER: Bruce Outka stated the Zoning Ordinance requires the Board take action on any pending change of zoning requests. Outka stated Change of Zoning #209 & 210 for Elkhorn Ridge were still pending and based upon the recent election mandating a denial on the request he recommended the Board take action at this time. Opitz stated he would abstain from voting because he is a landowner in the moratorium area.

Moved-Seconded (Seward-Weisenberg) to follow the recommendation of Deputy States Attorney, Bruce Outka, and deny the pending Change of Zoning #209 request for Elkhorn Ridge based upon the outcome of the election. Motion Carried. Mattson Absent. Opitz Abstain.

Moved-Seconded (Seward-Weisenberg) to follow the recommendation of Deputy States Attorney, Bruce Outka, and deny the pending Change of Zoning #210 request for Elkhorn Ridge based upon the outcome of the election. Motion Carried. Mattson Absent. Opitz Abstain.

EXECUTIVE SESSION: Moved-Seconded (Seward-Opitz) to go into executive session at 9:30 a.m. for personnel matters with Rick Mowell, Sheriff. Motion Carried. Mattson absent. 9:37 opened.

EMPLOYEE AWARDS: The Board presented Brian Dean with a Certificate of Recognition and Sheriff Mowell presented Brian Dean with the Sheriff’s Office Employee of the Year award for his outstanding work on the Murder Case and Maitland Fire.

The Board and Sheriff Mowell presented James Watt with a Certificate of Recognition from Governor Janklow for his service to the public.

EXECUTIVE SESSION: Moved-Seconded (Seward-Opitz) to go into executive session at 9:50 a.m. for personnel matters with Joe Harmon, Chief Deputy Sheriff. Motion Carried. Mattson Absent. 10:00 opened.

RESOLUTION #01-25 TO ADOPT A SUPPLEMENTAL BUDGET: Moved-Seconded (Weisenberg-Seward) to approve the following Resolution #01-25 to adopt a Supplemental Budget for the Sheriff”s Office for grant funds of $10,215. Motion Carried. Mattson Absent.

RESOLUTION #01-25 TO ADOPT A SUPPLEMENTAL BUDGET: WHEREAS, the County Budget for Lawrence County, South Dakota, for the fiscal year 2001, failed to provide sufficient revenue to enable the County to conduct the indispensable functions of Government, and WHEREAS, the Board of County Commissioners of said County deems it necessary to make a Supplementary Budget, providing for appropriation in the amounts set out below. NOW, THEREFORE, be it RESOLVED THAT SAID BOARD, make, approve and adopt a Supplemental Budget for Lawrence County, South Dakota, for the year 2001, and that in said budget there will be and is hereby appropriated the following sum of money, to-wit: GENERAL FUND - SHERIFF (grant funds) equipment - $10,215. The funds for the above amounts are to be provided from unappropriated cash balances and estimated revenue in the designated Fund. Be it further RESOLVED that a hearing was held on the 14 th day of August, 2001 at the hour of 9:45 o'clock, a.m. in the Commissioners' Room in the Administrative Office Building at 90 Sherman Street, Deadwood, Lawrence County, South Dakota, and that said Notice of Hearing was posted according to law, SDCL 7-21-22. IN WITNESS WHEREOF, we have hereunto set our hands and official seal of Lawrence County, this 14 th day of August, 2001. LAWRENCE COUNTY COMMISSIONERS: Connie H. Douglas, Chairperson, Barbara A. Mattson, James J. Seward, Terry Weisenberg And George Opitz. ATTEST Connie Atkinson, AUDITOR.

HYDROLOGIC STUDIES / JOINT FUNDING AGREEMENT: Larry Putnam and Dan Driscoll from the U.S. Geological Survey were present to update the Board on progress of the study of bedrock aquifers in Lawrence County with emphasis on the Spearfish area. The status of the Black Hills Hydrology reports and stream flow gauging stations in Lawrence County were also discussed.

CHANGE OF ZONING #215 / JIMMY & PATRICIA HEGDAHL: A public hearing was held on Change of Zoning #215 for Jimmy & Patricia Hegdahl. Legal: Lot 17 of East Slope Estates, Sec 16, T6N, R4E, B.H.M. Located approximately one-half mile North of Whitewood on the west side of Hwy 34. Present Zone-A-1 Ag. Proposed Zone: RR – rural residential. Reason for Request: To allow for subdividing a +/- 10.32 acre tract into two residential lots. Moved-Seconded (Seward-Weisenberg) to approve the Change of Zoning #215 for Jimmy & Patricia Hegdahl and authorize the Chairman to sign the following Ordinance Amending Lawrence County Zoning From A-1 General Agriculture District To RR – Rural Residential District Ordinance Number One. Motion Carried. Mattson Absent.

COZ No. 215: AN ORDINANCE AMENDING LAWRENCE COUNTY ZONING FROM A-1 GENERAL AGRICULTURE DISTRICT TO RR – RURAL RESIDENTIAL DISTRICT ORDINANCE NUMBER ONE: Pursuant to a Petition of Jimmy and Patricia Hegdahl for a Change of Zoning of a tract of land located in Lawrence County, South Dakota and pursuant to notice thereof having been given by publication of such as required by law., and pursuant to notice having been given to adjacent landowners by certified mail as required by law, and pursuant to the favorable recommendation of the Lawrence County Planning Commission. BE IT ORDAINED: By Lawrence County, South Dakota, that the boundaries of A-1 General Agriculture District as established by the Lawrence County Zoning Ordinance One, be amended so as to remove the following described real property, to-Wit: Lot 17 of East Slope Estates, Section 16, T6N, R4E, B.H.M. from the A-1 - General Agriculture District and include it in the RR - Rural Residential District. This amendment will become effective on the twentieth (20th) day following publication. Connie H. Douglas, Lawrence County Commission Chairperson; Bruce Outka, Deputy States Attorney; Attest: Connie Atkinson, Auditor.

CONDITIONAL USE PERMIT #274 / ROD GALLAND: A public hearing was held on Conditional Use Permit #274 – C-5, LLC – Rod Galland - To allow for special events such as weddings, family reunions, youth group outings, professional group meetings, and recreational activities. LEGAL: Spearfish Canyon Lot C-5, being portions of Meadow No. 1, 2, and 3, M.S. #1564, Sec. 22, T4N, R2E, B.H.M. LOCATION: Approximately 6 miles southwest of Lead in Spearfish Canyon at State Hwy. 85 and Hanna Road. ZONE: PF – Park Forest District (PUD). Rod Galland and Attorney Roger Tellinghuisen gave background on the property, proposed use and property description. Tellinghuisen reviewed the proposed conditions and expressed concerns and raised issues on conditions that would need to be changed or deleted. Galland requested for weddings the maximum occupancy be changed to 250 people instead of the 150 stated on the request for Conditional use Permit #274. A letter from Mike Kelley was presented in support of the CUP.

Bob Geis, Norm Nicholls, Kathy Benson, Jack Morcum, Gary Bennet, Jerry Boyer, John Billington, Bill Lease and Jack Cole expressed concerns on the CUP. Covenants, Comprehensive Plan, Water, Septic, noise, “new commercial business”, Homestake master plan for Spearfish Canyon, natural landscape, parking and fire issues were among the concerns discussed. Mary Bugals spoke in favor of the CUP, stating she was the nearest neighbor.

Discussion was held if this property should be grand fathered in. Issues were raised if this property had ceased use for a period longer than one year and would no longer be grand fathered in.

Douglas closed the public hearing. Opitz asked if the Adelphia Club was on the open market when Galland purchased the property. Galland stated it was. Opitz stated he wanted to postpone the Commissioners decision until he received clarification from the States Attorney on the property.

Moved-Seconded (Opitz-Weisenberg) to postpone the Board decision until August 28, 2001 to allow time to discuss issues with the States Attorney. Motion Carried. Aye-3, Nay-Douglas. Mattson Absent.

PLANNING & ZONING BOARD: Moved-Seconded (Weisenberg-Douglas) to advertise for a Planning and Zoning Board Member to replace Ramsey Kendall, who recently resigned. Motion Carried. Mattson Absent.

CITY OF LEAD: Denny York, Lead Mayor, was present to discuss issues with the Board. York talked about the outlook for the City of Lead and the Underground National Science Lab. York discussed budget shortfalls the City of Lead was having and services the Fire Department was providing for County residents. York asked the Board to consider sharing in the cost of the equipment repairs needed for the Fire Department. York also thanked the Board for their support in the cleanup and asked for $5,000 again for 2002.

2002 BUDGET: The Board reviewed and discussed the budget requests for 2002. The provisional budget was set and the next hearing will be on September 4 th , 2001.

EMERGENCY MANAGEMENT: Moved-Seconded (Seward-Opitz) to advertise for a Full-Time Emergency Management Director. Motion Carried. Mattson Absent.

Moved-Seconded (Weisenberg-Seward) to eliminate the Full-Time Secretary position in the Emergency Management Office effective 12-31-2001. Motion Carried. Mattson Absent.

LAW LIBRARY: Moved-Seconded (Weisenberg-Seward) to contract with Lexis-Nexis to provide online Law Library Services at a rate of $49.00 a month per password and to cancel any Law Library subscriptions that will no longer be needed, effective 8-14-01. Motion Carried. Mattson Absent.

BILLS: Moved-Seconded (Weisenberg-Douglas) To Approve Payment Of The Following Payroll And Authorize The Chairman To Approve The Vouchers Listed Below For Expenditures For Insurance, Professional Services, Publications, Rentals, Supplies, Repairs, Maintenance, Travel, Conference Fees, Utilities, Furniture And Equipment Drawn On The Proper Funds and Various Departments. Motion Carried. Mattson Absent. Payroll: Comm-$3,029.44; Aud-$4,667.31; Treas-$7,378.95; Comp-$4,451.10; States Atty- $9,639.18; Pub Def-$4,349.95; Gen Govt Bldg-$5,028.50; Equal-$9,563.84; Deeds-$5,446.48; Vso-$670.88; Dispatch-$9,002.99; Sher-$26,869.69; Jail-$14,314.02; Emerg Mgnt-$1,502.21; E911-$1,199.04; Highway-$30,231.32; Exten-$1,396.24; Soil-$551.48; Weed-$4,477.12; P&Z- $2,388.41; Bills: Agena,T-$8.84; Burrer,L-$4.66; American Family Life Inc-$1,196.72; Bh Federal Credit Union-$6,848.29; Bh Power & Light, Rapid-$7,969.56; Blue Cross-$30,637.16; Butte Electric Coop Inc-$231.41; Cellular One-$177.29; Credit Collections Bureau-$105.17; Deadwood Recreation Center-$85.00; Dept.Of The Treasury-$36,261.49; Montana-Dakota Util. Dwd-$17.73; Nh Family Ymca-$434.00; North Central Credits Inc-$66.44; Office Of Child Support-$284.50; Queen City Medical Center-$25.00; Qwest-$44.57; Sd Retirement System- $28,033.79; Sd State Treasurer-$240.00; Sd Division Of Resource-$1,542.24; Sd Supplemental Retirement-$874.50; Spearfish Surgery Center-$25.00; State Disbursement Unit/169763-$60.00; Worldcomm Mci Inc-$451.12; Barrett,T-$9.00; Kosel,J-$5.40; Landeen,J-$32.40; Leatherman,D-$7.29; Locken,W-$90.00; Mowell,R-$8,518.50; Muchow,H-$204.30; Porter,B- $53.07; Silvernail,J-$11.16; Wells,W-$157.68; A&B Busines Equipment Inc-$205.50; Abc Business Supply Corp-$327.63; Alco Store #262 Inc-$4.50; Altaire Enterprises Inc-$130.00; Amcon Distributing-$354.22; American Income Life Ins Co-$20.85; American Red Cross- $48.00; At&T-$106.48; Bh Chemical Company Inc-$1,230.25; Bh Elevator Systems Inc- $402.04; Bh Medical Ctr Pharmacy Inc-$338.67; Bh Pediatrics & Neonatology-$125.00; Bh Pioneer Inc-$357.40; Bh Power & Light, Rapid-$362.38; Bh Truck And Trailer Inc-$725.02; Baker Michael Jr Inc-$500.00; Baker,G-$455.00; Belle Fourche River-$4,000.00; Best Business Prod Inc-$33.37; Best Western Ramkota Inn-$164.01; Bickle's Truck & Diesel-$25.75; Binder,T-$567.00; Blackinton J G Phd-$175.00; Brownsville Fire Dept-$1,092.05; Buckstop Express Mart Inc-$147.02; Burrly's Lube-$367.16; Butler Machinery Co Inc-$821.94; Butte County Sheriff-$42.20; Campbell Supply Co-$20.42; Cardinal Printing-$31.00; Carlson,D- $15.00; Carquest Of Spearfish-$4.06; Central Parts-$472.86; Chain Saw Center-$567.52; Chemical Sanitizing Sys Ltdinc-$82.96; Cheyenne Crossing Vol-$508.20; Christensen Law Office-$2,355.65; City/County Alcohol &Drug-$2,140.00; Clark Printing Inc-$252.25; Clinical Lab Of B H Inc-$1,114.27; Coley Mike Ccdcii-$60.00; Computerland Inc-$140.00; Conoco- $411.21; Corral West-$28.95; Culligan Soft Water Serv Inc-$162.00; Dakota Graphics-$112.50; Dale's Tire & Retread Inc-$820.35; Dartek Computer Supplies Corp-$592.16; Deadwood Gulch Resort Inc-$32.00; Deadwood Supply Inc-$227.44; Deadwood Vol Fire Dept-$6,143.81; Deadwood City Of-$855.50; Deckers Food Inc-$2.89; Dept Of Hlth Lab Services-$62.00; Derosier,L-$24.36; Dietrich,D-$167.69; Doyle & Kennedy-$101.70; Eddie's Truck Sales/Serv Inc-$20.16; Ekeren,M-$15.00; England,L-$362.04; Extension Service #376287-$238.50; Family Thrift Center Inc-$10.77; Federal Express Corp-$15.98; Fisher Sand & Gravel Inc-$342.55; Frederickson John R Inc-$1,009.25; Gene's Lock Shop Inc-$1.50; Global Computer Supply Inc- $759.99; Godfrey's Brake Serv Inc-$2,423.43; Golden West Teltech Inc-$37.50; Great Western Tire Inc-$163.90; Greens Alignment-$362.38; Hafner,L-$43.21; Heartland Paper Co Inc- $944.00; Heisler Hardware Inc-$133.32; Honeywell Inc-$680.16; Ibm Corp Sqh-$334.40; Ikon Office Solutions Inc-$394.99; Intoximeters-$207.25; Jacobs Precision Welding-$32.80; John's Welding-$40.00; Johnson Ford Inc-$185.14; K Mart 3893-$10.23; Kadrmas Lee And Jackson Inc-$18,069.90; Kar Products Inc-$166.76; Karl's Inc-$49.95; Karpinen,S-$315.00; Kinney & Koch, Llp-$627.70; Klopfenstein Dr-$108.00; Knecht True Value Inc-$235.76; Lc Centennial Inc-$390.14; Lc Public Health-$2,208.00; Lc Sheriff-$355.79; Lawson Products Inc-$38.55; Lead Fire Department-$8,708.09; Lee,J-$15.00; Lead-Deadwood Sanitary-$363.28; Lewis & Clark Bhs-$125.00; Lustig,Karl Md-$15.60; Marshall & Swift-$1,212.75; Matthew Bender & Co Inc-$1,082.21; Mcarthur,J-$35.00; Meade Co. Auditor-$440.00; Medicine Shoppe The Inc- $654.23; Micro Warehouse Inc-$88.98; Mid American Specialties-$463.08; Minnehaha County Regional-$130.00; Montana-Dakota Util-$767.79; Motorola Inc-$707.06; Mutchler,T-$319.75; Nh Community Dev Inc-$60,000.00; Nh General Hospital-$1,491.60; Nh Plaza-$34.90; Nelson,T-$280.00; Nemo Volunteer Fire Dept-$690.53; Neurosurgical Associates-$117.30; Neve's Uniforms Inc-$499.99; Nicholas,C-$35.00; Northwest Pipe Fitt Inc-$537.40; Ore Car Express Inc-$40.00; Ore Car Express Inc-$35.00; Pameco Rapid City-$446.28; Pennington Co Auditor-$11,247.32; Pitney Bowes Inc-$83.23; Pizza Hut Inc-$53.43; Porter Law Office Pc- $201.00; Positive Promotions Inc-$213.03; Postmaster Deadwood-$204.00; Precision Welding & Mach Inc-$165.00; Queen City Rocket Lube-$116.70; Qwest-$2,535.73; Rc Finance Office- $945.00; Rc Medical Center-$239.10; Rc Regional Hospital Inc-$3,377.22; Radio Shack- $166.36; Radiology Associates-$241.46; Rand's Photo-$34.59; Rapid Delivery Inc-$34.75; Reliable Inc-$417.68; Reserve Account-$6000.00; Rochford Vol Fire Dept-$329.75; Reindl,S- $487.49; Sd Acc/Sd Aco-$480.00; Sd Federal Property Agency-$105.00; Sanito Oil Inc- $3,060.18; Savoy Vol Fire Dept-$642.05; Servall Towel & Linen Inc-$434.50; Silverado Inc- $123.58; Snorteland,I-$729.38; Spearfish Auto Supply Inc-$193.46; Spearfish Chamber Of Commerce-$75.00; Spearfish Fire Dept-$17,486.88; Specialized Auto Service Inc-$489.50; St Onge Fire Dept-$589.68; State Radio Communication-$2,619.00; Stretch's Glass & Mirror- $208.42; Sturgis Fire Department-$391.82; Summit Signs & Supply-$210.00; Teen Court Inc- $5,873.47; Telcomco Communications-$153.65; Texaco Inc-$295.76; The Glass Shop-$15.00; The Heart Doctors-$277.60; Tridle,J-$100.00; Twin City Hardware & Lumber Inc-$643.66; U Bid Online Auction-$305.74; Us Bank-$1,125.00; Us Marshall Service-$800.00; United Building Center-$1,602.03; Univ Of Mn-Extension Service-$20.58; United Parcel Service- $16.04; Verizon Wireless Inc-$126.23; Walmart Store Inc-$238.74; Warne Chemical Inc- $28.00; Waste Connections Inc-$200.94; Weese,S-$11.22; West Group-$1,422.25; Western Communication Inc-$4,731.24; Whitewood Vol Fire Dept-$2,211.26; Williams Standard Serv- $164.68; Worldcomm Mci Inc-$409.56; Yankton Co. Sheriff-$16.50; Z&S Dust Control Inc- $36,163.56; Zep Manufacturing Co Inc-$163.47; Jurors & Witness Fee: Edstrom,A-$20.58; Brock,J-$28.70; Almen,J-$15.80; Babb,J-$18.70; Bennett,M-$18.70; Bertsch,J-$14.64; Burket,M-$18.70; Burr,G-$12.32; Cockrum,W-$58.70; Crellin,M-$51.74; Derby,R-$56.96; Ellendorf,D-$18.70; Fahrni,J-$16.38; Hanson,B-$59.86; Hess,C-$58.70; Hoffman,K-$60.44; Hufnagel,L-$21.60; Krueger,E-$51.74; Losey,R-$10.58; Lux,D-$12.90; Martinez,A-$59.28; Mitchell,M-$16.96; O'connell,S-$63.92; Wermers,J-$21.60; Williamson,G-$21.60; Arsaga,P- $12.90; Bonrud,L-$57.54; Clark,D-$17.54; Cole,J-$18.12; Crawford,D-$58.70; Erickson,E- $59.28; Geffre,K-$52.32; King,C-$13.48; Metzger,D-$11.74; Ostrom,K-$58.70; Pfarr,R-$50.58; Reller,K-$11.74; Robertson,N-$61.02; Schneider,P-$21.60; Schoon,L-$64.50; Smith,G-$11.74; Sternhagen,L-$15.80; Thorman,C-$19.86; Walz,J-$52.32; Wendland,L-$18.70; Windedahl,M- $59.86; Wolf,R-$61.60; Torpey,G-$125.30; Christopherson,L-$61.60; Hartman,C-$60.44; Holso,C-$51.74; Katz,C-$51.74; Peterson,J-$60.44; Redinger,J-$58.12; Yanzick,D-$58.70; Ervin,J-$18.70; Foglesong,M-$59.28; Popelka,P-$59.28; Quenzer,D-$51.16; Dahl,K-$18.70; Donovan,C-$19.28; Prostrollo,A-$58.70; Roselles,R-$11.74; Albers,M-$28.70; Bagwell,T- $21.74; Bliege,C-$28.70; Dillman,J-$21.74; Doughtery,S-$49.00; Fisher,A-$21.74; Haislett,R- $28.12; Harmon,R-$28.70; Harwood,R-$20.58; Hertel,M-$28.70; Karinen,G-$28.70; Lawson,C- $21.74; Lerwick,E-$28.70; Ludens,B-$28.70; Mcnulty,T-$20.58; Morgareidge,J-$28.12; Pierce,C-$20.58; Pierce,L-$28.70; Reichenberger,B-$28.70; Ringelspaugh,J-$28.70; Shandy,S- $21.74; Smith,K-$28.70; Surdez,A-$28.70; Taylor,W-$28.70; Thompson,F-$20.58; Towell,C- $28.70; Walters,R-$28.12; Way,D-$21.74; Wood,C-$20.58

ADJOURN 4:15 p.m.: - There being no further business it was Moved-Seconded (Weisenberg- Seward) to adjourn. Motion Carried. Mattson Absent.

______DATE

______BARBARA MATTSON VICE-Chairperson ATTEST:

______CONNIE ATKINSON, Auditor

LAWRENCE COUNTY COMMISSIONERS MEETING – AUGUST 28, 2001

Vice-Chairperson Barbara A. Mattson called the regular meeting of the Lawrence County Commissioners to order at 8:00 a.m. on August 28, 2001 in the Administrative Annex Building of the Lawrence County Courthouse located at 90 Sherman Street, Deadwood, SD with Commissioners James J. Seward, Terry Weisenberg, and George Opitz present. Connie Douglas was absent.

All motions were passed by unanimous vote unless stated otherwise.

MINUTES: Moved-Seconded (Seward-Weisenberg) to approve the minutes of August 14, 2001. Motion Carried. Absent-Douglas.

PERSONNEL: SHERIFF: Moved-Seconded (Seward-Opitz) to approve Kimberly K. DeNeui as a transport/guard at the rate of $8.66 an hour effective 8-11-2001. Motion Carried. Absent- Douglas.

Moved-Seconded (Opitz-Weisenberg) to approve Kristen Ellingsworth as a dispatcher I at the rate of $9.38 an hour effective 8-14-2001. Motion Carried. Absent-Douglas.

Moved-Seconded (Weisenberg-Opitz) to approve Dallas Vallery as a full-time correctional officer I at $10.22 an hour, after completion of 40 hours of training at $6.54 an hour, effective September 4, 2001. Motion Carried. Absent-Douglas.

Moved-Seconded (Weisenberg-Opitz) to approve Brian Klein as a full-time Dispatcher I at the rate of $9.38 an hour effective September 10, 2001. Motion Carried. Absent-Douglas.

Moved-Seconded (Opitz-Seward) to approve Jill Jennewein as a part-time Dispatcher I at $9.38 an hour effective August 27, 2001. Motion Carried. Absent-Douglas.

Moved-Seconded (Opitz-Seward) to approve Janet Turbeville as a part-time Correctional Officer I at $10.22 an hour, after 40 hours of training at $6.54 an hour, and as a part-time Cook/Jail assistant at $10.40 an hour, effective August 16, 2001. Motion Carried. Absent-Douglas.

EQUALIZATION: Moved-Seconded (Seward-Mattson) to approve a change in employee status for Jason Writer as a permanent part-time (20-30hrs a week) employee, effective September 16, 2001. Motion Carried. Absent-Douglas.

Moved-Seconded (Opitz-Seward) to authorize the advertisement for a full-time appraiser in the Equalization Office. Motion Carried. Absent-Douglas.

GENERAL GOVERNMENT BUILDINGS: Moved-Seconded (Seward-Weisenberg) to approve Irene Enderby as a temporary Custodian II at the rate of $9.63 an hour effective September 4, 2001. Motion Carried. Absent-Douglas. Enderby will fill in for an employee on medical leave.

AUTOMATIC SUPPLEMENT OF GRANT FUNDS: Moved-Seconded (Weisenberg- Mattson) to approve an automatic supplement of $4,662 into Sheriff’s Equipment for Grant Funds received from the Local Law Enforcement Block Grant. Motion Carried. Absent- Douglas.

WELFARE GUIDELINES: Moved-Seconded (Opitz-Weisenberg) to approve the following Resolution 01-28 setting the welfare guidelines for Lawrence County. Motion Carried. Aye-4 Douglas-Absent. LAWRENCE COUNTY RESOLUTION #01-28 AMENDMENT #4 LAWRENCE COUNTY WELFARE GUIDELINES APPENDIX A -ELIGIBILITY INCOME: WHEREAS, Lawrence County has adopted Welfare Guidelines to provide assistance to indigent persons of the county under SDCL Chapter 28-13); and WHEREAS, Lawrence County uses the federal poverty guidelines published in the Federal Register, which are updated on an annual basis, as eligibility income standards; NOW THEREFORE BE IT RESOLVED, that effective October 1, 2001, and until otherwise revised, the attached revisions and amendment setting forth the new income guidelines in the Lawrence County Welfare Guidelines are hereby adopted. Dated this 28 th day of August 2001. BOARD OF COUNTY COMMISSIONERS: Barbara Mattson, Vice-Chair; James Seward, Terry Weisenberg, and George Opitz. ATTEST: Connie Atkinson, Auditor.

FOREST SERVICE ISSUES: Moved-Seconded (Seward-Opitz) to send a letter to the Meade County Commissioners urging them to ask Governor Janklow to declare the Beaver Park area of the Black Hills National Forest as disaster area, due to the pine beetle infestation. Motion Carried. Absent-Douglas.

E911 SUR-CHARGE: Moved-Seconded (Opitz-Weisenberg) to continue the sur-charge of $.75 per phone for the E911 system. Motion carried. Absent-Douglas.

RESOLUTION #2001-27 SURPLUS PROPERTY: Moved-Seconded (Opitz-Mattson) to approve the following Resolution #2001-27 Surplus Property. Motion Carried. Absent-Douglas. RESOLUTION #2001-27 SUPRLUS PROPERTY: WHEREAS, Lawrence County has several items of personal property which are no longer needed for public purpose and; WHEREAS, The Lawrence County Board of County Commissioners have appraised the personal property and the total value of such property exceeds $500.00, to-wit: SEE ATTACHED LIST: NOW THEREFORE BE IT RESOLVED that the Lawrence County Board of County Commissioners hereby declare the attached list of property surplus and order the sale and/or disposal of said property. Dated this 28th day of August 2001. LAWRENCE COUNTY COMMISSIONERS: Barbara A. Mattson, Vice-Chair, James J. Seward, Terry Weisenberg And George Opitz. ATTEST Connie Atkinson, AUDITOR.

ORDER DECLARING AREA INCORPORATED AND SUBJECT TO VOTE WESTFIELD ROAD DISTRICT: The Board reviewed the Petition and Application for Incorporation of the Westfield road District. Moved-Seconded (Opitz-Seward) to approve the following Order Declaring Area Incorporated And Subject To Vote / Westfield Road District. Motion Carried. Absent-Douglas. ORDER DECLARING AREA INCORPORATED AND SUBJECT TO VOTE / WESTFIELD ROAD DISTRICT: A Petition and Application For Incorporation having been filed with the Lawrence County Board of Commissioners asking that a road district be organized to function in the territory described in the Petition and it appearing to the satisfaction of the Lawrence County Board of County Commissioners that the requirements of SDCL Chapter 31-12A have been complied with; IT IS HEREBY DECLARED that the territory proposed to be organized as a county road district to-wit: The Territory proposed to be organized as a district is as follows: Lots 1 through 35, inclusive, of the Schwahn Brothers Subdivision located in the East Half of the Southwest Quarter Northeast Quarter (E1/2SW1/4NE1/4), Section 8, Township 6 North, Range 2 East, Black Hills Meridian, Lawrence County, South Dakota, according to Plat filed October 14, 1976 at 10:55 a.m, as Document No. 76-2535 , Lawrence County Register of Deeds Records; and, Lots 20A and 27A of the Schwahn Brothers Subdivision located in the East Half of the Southwest Quarter Northeast Quarter (E1/2SW1/4NE1/4) of Section 8, Township 6 North, Range 2 East, Black Hills Meridian, Lawrence County, South Dakota, according to Plat filed July 14, 1993 at 4:58 p.m. as Document No. 93-2716, Lawrence County Register of Deeds. SHALL , with the assent of the Voters, as specified in SDCL 6-16, in an election as provided in SDCL 6-16 be an incorporated road district by the name of Westfield Road District. DATED this 24th day of August 2001. BARBARA A. MATTSON, VICE-CHAIR. ATTEST: CONNIE ATKINSON, AUDITOR.

RESOLUTION #01-26 TO ADOPT A SUPPLEMENTAL BUDGET: Moved-Seconded (Weisenberg-Opitz) To approve the following Resolution #01-26 to adopt a supplemental budget for the States Attorney’s Office for $25,800. Motion Carried. Absent-Douglas. RESOLUTION #01-26 TO ADOPT A SUPPLEMENTAL BUDGET - WHEREAS, the County Budget for Lawrence County, South Dakota, for the fiscal year 2001, failed to provide sufficient revenue to enable the County to conduct the indispensable functions of Government, and WHEREAS, the Board of County Commissioners of said County deems it necessary to make a Supplementary Budget, providing for appropriation in the amounts set out below. NOW, THEREFORE, be it RESOLVED THAT SAID BOARD, make, approve and adopt a Supplemental Budget for Lawrence County, South Dakota, for the year 2001, and that in said budget there will be and is hereby appropriated the following sum of money, to-wit: GENERAL FUND / STATES ATTORNEY - $25,800 (Professional Services - $13,000; Travel-$2,800; Witnesses-$10,000). The funds for the above amounts are to be provided from unappropriated cash balances and estimated revenue in the designated Fund. Be it further RESOLVED that a hearing was held on the 28 th day of August, 2001 at the hour of 9:30 o'clock, a.m. in the Commissioners' Room in the Administrative Office Building at 90 Sherman Street, Deadwood, Lawrence County, South Dakota, and that said

Notice of Hearing was posted according to law, SDCL 7-21-22. IN WITNESS WHEREOF, we have hereunto set our hands and official seal of Lawrence County, this 28 th day of August, 2001. LAWRENCE COUNTY COMMISSIONERS: Barbara A. Mattson, Vice-Chair, James J. Seward, Terry Weisenberg And George Opitz. ATTEST Connie Atkinson, AUDITOR.

INMATE TELEPHONE SYSTEM: Moved-Seconded (Weisenberg-Mattson) to authorize the Vice-Chair to sign the Addendum “A” to the Inmate Telephone System Agreement with Evercom Systems Inc. Motion Carried. Absent-Douglas.

Commissioner Weisenberg will review the Evercom Prepaid Calling Cards information and report back to the Board.

E911 CORNER MARKER SURVEY: Moved-Seconded (Weisenberg-Opitz) to authorize the Vice-Chair to sign the contract with Sign-Up LTD of Webster City, IA to provide a Corner Marker Survey. Motion Carried. Absent-Douglas.

PUBLIC HEARING - REQUEST FOR CONDITIONAL USE PERMIT #275 – CLAYTON AND MARY OVERLAND : A public hearing was held on a Request For Conditional Use Permit #275 – Clayton And Mary Overland to allow for displaying and selling of new and used flatbed and horse trailers – Crook Mountain Road. Moved-Seconded (Opitz- Seward) to approve Conditional Use Permit #275 for Clayton and Mary Overland with the following conditions. Motion Carried. Absent-Douglas. 1. The property owner and operator shall follow all applicable County, State, and Federal regulations regarding the operation. 2. The owner shall be required to obtain a South Dakota Sales Tax license. 3. Access to the property shall be from Crook Mountain road. No access will be allowed from Crook City road. 4. Only one (1) on-premise sign advertising the business shall be allowed on property. The sign shall comply with Section 4.2 of the Lawrence County Zoning Ordinance. 5. All lights used for exterior illumination shall be directed away from any nearby residences, Crook City road and Crook Mountain road. 6. A building permit shall be required for all new construction and moving of buildings and comply with all applicable Building Codes and Life Safety Codes. 7.If a new septic system is required due to the activities on the subject property, then the property owner shall contact a state registered professional engineer (PE) to conduct perc tests, design and approve the septic system. 8. A 101b. ABC fire extinguisher shall be available at all times. 9. If there is any trash generated from this activity, then a litter container or trash barrel with an attached lid shall be placed on the property. The trash will be emptied on a regular basis. 10. Any parking pertaining to the operation shall comply with Section 4.1 of the Lawrence County Zoning Ordinance. 11. Any change of property ownership, with the proposed transfer of this subject Conditional Use Permit, shall be reported immediately to the Office of Planning and Zoning. The new owner shall meet with the Lawrence County Commission to review and accept the conditions of this Conditional Use Permit. 12. This permit shall be reviewed on an annual basis, or an as-needed basis should complaints arise to assure compliance with the attached conditions, at which time additional conditions may be attached. 13. If any term, condition or regulation stipulated in the Conditional Use Permit, the Lawrence County Zoning Ordinance or applicable state and federal regulations are not fully complied with in all respects, this permit shall be reviewed and be suspended or revoked.

PUBLIC HEARING - REQUEST FOR CHANGE OF ZONING #216 – JOE B. JORGENSEN, SPIKE C. JORGENSEN AND JAMES A. BENNING: A Public Hearing was held on a Request For Change Of Zoning #216 – Joe B. Jorgensen, Spike C. Jorgensen And James A. Benning to allow for a commercial business to include: a gas station, a convenience store, a fast food business and a motel – Exit 10, north of Spearfish. Dr. Zircher raised concerns on the condition and the safety of the Kirwan Road. Moved-Seconded (Weisenberg-Seward) to approve the following Change of Zoning No. 216 / Ordinance Amending Lawrence County Zoning From A-1 General Agriculture District To Hsc - Highway Service Commercial District: Ordinance Number One. Motion Carried. Absent-Douglas.

COZ NO. 216: AN ORDINANCE AMENDING LAWRENCE COUNTY ZONING FROM A-1 GENERAL AGRICULTURE DISTRICT TO HSC - HIGHWAY SERVICE COMMERCIAL DISTRICT: ORDINANCE NUMBER ONE: Pursuant to a Petition of Joe B. Jorgensen, Spike C. Jorgensen and James A. Benning, for a Change of Zoning of a tract of land located in Lawrence County, South Dakota and pursuant to notice thereof having been, given by publication of such as required by law, and pursuant to notice having been given to adjacent landowners by certified mail as required by law, and pursuant to the favorable recommendation of the Lawrence County Planning Commission. BE IT ORDAINED: By Lawrence County, South Dakota, that the boundaries of A-I General Agriculture District as established by the Lawrence County Zoning, Ordinance One, be amended so as to remove the following described real property, to-wit: HMC Lot E, being a portion of the NE1/4SW1/4, and the SE1/4SW1/4 of Section 34, T7N, R2E, B.H.M. from the A-1 - General Agricultural District and include it in the HSC - Highway Service Commercial District. This amendment will become effective on the twentieth 2Oth) day following publication.

A PUBLIC HEARING - REQUEST FOR CONDITIONAL USE PERMIT #276 JON AND DIANE VAN PATTEN: A Public Hearing was held on a Request For Conditional Use Permit #276 Jon And Diane Van Patten to allow for a Bed and Breakfast. – Nemo Road. Moved- Seconded (Seward-Opitz) to approve the Conditional Use Permit #276 for Jon and Diane Van Patten to allow for a Bed and Breakfast with the following conditions. Motion Carried. Absent- Douglas. CONDITIONS: 1. The owner/operator shall comply with all applicable County, State, and Federal regulations regarding “Bed and Breakfast” facility. 2. The owner/operator shall comply with state law SDCL 34-18 as pertaining to a “Bed and Breakfast” facility. 3. The owner(s) shall live in the residence while there are guests staying overnight. 4. The operator shall contact the South Dakota Department of Health for an inspection of the facility and a license before beginning the operation. 5. The owner/operator shall be required to contact a certified Uniform Building Code (UBC) inspector to perform a Life Safety Code inspection of the facility prior to opening the facility to guests. A letter from the UBC inspector approving the facility shall be filed with the Lawrence County Office of Planning and Zoning. 6. Any new construction, alterations, or moving of buildings onto the property shall require a building permit from the Lawrence County Office of Planning and Zoning and comply with Building Codes and Life Safety Codes. 7. The number of overnight guest rooms shall be five (5) with occupancy of ten (10) people. 8. There shall be no outdoor camping, including tents, campers, trailers, and recreational vehicles, allowed on this property to be used by the bed and breakfast guests or operator. 9. Water quality testing shall be conducted by the owner or operator according to the South Dakota DENR Water Quality Division regulations and found to be safe for public consumption. 10. The septic system for the bed and breakfast facility shall be perked, designed, and approved by a state registered professional engineer (PE). 11. Any outdoor fireplaces shall comply with the guidelines as set by the South Dakota Division of Forestry. 12. A minimum of one (1) fire extinguisher per floor and one (1) first aid kit shall be made accessible to the operator and guests at all time. The residence shall have one 10lb. ABC fire extinguisher located next to an area of escape and one 5lb. ABC fire extinguisher located in the kitchen and both being in compliance with NFPA Manual #10. 13. Only one (1) on-premise sign shall be allowed on the property and conform to Section 4.2 of the Lawrence County Zoning Ordinance. 14. All lights used for exterior illumination shall be directed away from any nearby residences and Nemo Road. 15. Any parking pertaining to the bed and breakfast shall comply with Section 4.1 of the Lawrence County Zoning Ordinance. The parking areas shall be graveled and maintained. 16. The driveway access off of Nemo Road shall be approved by the Lawrence County Highway Department. 17. One telephone shall be made available in case of emergencies. A list of emergency numbers and sheriff department number shall be placed next to the phone. 18. Any change of property ownership, with the proposed transfer of this subject Conditional Use Permit, shall be reported immediately to the Office of Planning and Zoning. The new owner(s) shall meet with the Lawrence County Commission to review and accept the conditions of this Conditional Use Permit. 19. This permit shall be reviewed on an annual basis, or an as needed basis should complaints arise to assure compliance with the attached conditions, at which time additional conditions may be attached. 20. If any term, condition or regulation stipulated in the Conditional Use Permit, the Lawrence County Zoning Ordinance or applicable state and federal regulations are not fully complied with in all respects, this permit shall be reviewed and be suspended or revoked.

FINAL PLATS: CLOVERLEAF ESTATES SUBDIVISION: Moved-Seconded (Weisenberg-Seward) To approve the Final Plat of Cloverleaf Estates Subdivision – Roubaix Land and Timber (Clayton Johnson, Bill Pearson and Terrence Kullbom) – Nemo Road. Motion Carried. The Board stated the covenants must state the Emergency Ingress and Egress to the Subdivision must remain open and maintained at all times. Motion Carried. Absent-Douglas.

PONDEROSA RIDGE SUBDIVISION: Moved-Seconded (Weisenberg-Seward) To approve the Final Plat for Ponderosa Ridge Subdivision – Bill Pearson – Boulder Canyon. Motion Carried. Absent-Douglas.

ANNUAL REVIEW / C.U.P. #253: An annual review was conducted for Conditional Use Permit #253 for the Northern Hills Church of Christ.

CONDITIONAL USE PERMIT #274 / ROD GALLAND: Erik Birk, Planning and Zoning Director stated the application for Conditional Use Permit #274 – C-5, LLC – Rod Galland - had been withdrawn by the applicant.

BILLS: Moved-Seconded (Weisenberg-Seward) To Approve Payment Of The Following Payroll And Authorize The Chairman To Approve The Vouchers Listed Below For Expenditures For Insurance, Professional Services, Publications, Rentals, Supplies, Repairs, Maintenance, Travel, Conference Fees, Utilities, Furniture And Equipment Drawn On The Proper Funds and Various Departments. Motion Carried. Absent-Douglas. Payroll: Comm-$3,032.04; Aud-$4,414.89; Treas-$6,817.29; Comp-$4,245.02; States Atty- $9,142.00; Pub Def-$5,106.52; Gen Govt Bldg-$4,643.81; Equal-$9,169.64; Deeds-$5,113.99; Vso-$670.88; Dispatch-$9,700.70; Sher-$37,055.80; Jail-$15,330.80; Emerg Mgnt-$1,426.21; E911-$1,099.12; Highway-$27,443.80; Exten-$1,046.32; Soil-$600.14; Weed-$3,935.19; P&Z- $2,308.01; Bills: Kosel,J-$20.16; Smith,M-$9.36; Wells,W-$36.00; Abc Business Supply Corp-$31.88; Amoco Oil Co-$402.78; Anesthesia Solutions Pc-$464.00; Avaya Inc-$29.70; Bh Chemical Company Inc-$523.80; Bh Elevator Systems Inc-$402.04; Bh Federal Credit Union-$6,848.29; Bh Fibercom-$1,364.76; Bh Pest Control-$95.00; Bh Power & Light, Rapid-$6,738.94; Black Hills Rc&D-$120.00; Bob Barker Company Inc-$1,016.76; Burrly's Lube-$22.60; Butler Machinery Co Inc-$141.69; Cameron Communications-$100.00; Cardinal Printing-$161.00; Carlson,D-$15.00; Cellular One-$70.15; Cermak,L-$35.00; Chemsearch Inc-$667.91; Clinical Lab Of Bh Inc-$1,000.00; Cooperative Extension Service-$398.02; Credit Collections Bureau- $30.00; Culligan Soft Water Serv Inc-$93.50; Cvd Construction Inc-$1,417.00; Dakota Graphics-$290.00; Dept Of Hlth Lab Services-$350.00; Dept Of The Treasury-$38,169.38; Diesel Machinery Inc-$97.26; Dietrich,D-$105.80; East Pennington Cd-$50.00; Ecolab Inc- $84.00; Ekeren,M-$15.00; Family Thrift Center Inc-$4.77; Federal Express Corp-$6.88; Fuller, Tellinghuisen, Gordon-$2,242.41; Golay,B-$31.67; Gold Dust Inc-$80.55; Great Western Tire Inc-$18.95; Greens Alignment-$246.91; Havemeier,L-$567.00; Hills Material Comp Inc- $416,529.36; Ikon Office Solutions Inc-$174.31; Insight-$252.81; Janz,D-$1,000.00; Johnson, Henderson, Clayborne-$48.15; Karpinen,S-$595.00; Kimball-Midwest Co Inc-$194.84; Lc Public Defender-$24.09; Lc Sheriff-$36.00; Lee,J-$15.00; Lee,T-$96.28; Lookout Memorial Hospital-$223.64; Mailworks Plus-$30.60; May, Johnson, Doyle& Becker Inc-$2,279.73; Mcarthur,J-$35.00; Meade Co Auditor-$120.00; Mobility Concepts-$3,319.00, Montana-Dakota Util Dwd-$16.91; Nh General Hospital-$2,335.80; Neve's Uniforms Inc-$516.94; O'connor Company-$1,004.00; Office Of Child Support-$284.50; Pennington Co Auditor-$200.00; Pennington Co Jail-$923.92; Pennington County Sts.Attny-$400.00; Phillips Petroleum Co Inc- $17.51; Pitney Bowes Inc-$410.00; Postmaster Deadwood-$34.00; Queen City Medical Center- $25.00; Qwest-$1,370.66; Quill Corp-$164.89; Rc Finance Office-$175.00; Rc Journal Inc- $254.10; Rc Regional Hospital Inc-$543.00; Radio Shack-$9.99; Renka,R-$208.50; Sd Acc/S D Aco-$310.00; Sd Dept Of Transportation-$157.00; Sd Public Assur Alliance-$23,795.79; Sd Supplemental Retirement-$874.50; Safeway Inc-$31.47; Sand Creek Printing Inc-$135.00; Sanito Oil Inc-$7,918.81; Schmit,A-$175.00; Servall Towel & Linen Inc-$169.99; Silverado Inc- $256.75; Spearfish Auto Supply Inc-$38.06; Spearfish Surgery Center-$25.00; Stadler Ind Service-$330.48; State Disbursement Unit/169763-$60.00; Thompson

Publishing Group Inc-$279.00; U Bid Online Auction-$680.52; Verizon Wireless Inc-$425.24; Viking Office Prod-$177.36; Walmart Store Inc-$402.24; Waste Connections Inc-$121.38; West Group-$1,057.25; West River Foundation-$37,600.00; Western Communication Inc-$1,666.30; Western Sd Juvenile Serv-$7,318.35; Worldcomm Mci Inc-$520.73; Kyte,M-$7.39; Domestic Crisis Outreach-$782.50; Victims Of Violence-$782.50; Jurors & Witness Fees: Hogen,G- $10.00; Hansen,B-$15.00; Cook,C-$176.10; Carr,T-$58.70; Carter,J-$15.80; Cox,D-$16.96; Dean,B-$16.96; Dunn,E-$11.74; Fiester,J-$51.16; Glatt,A-$57.54; Goodrich,K-$15.80; Holso,R- $56.96; Hopkins,L-$59.86; Hoskins,D-$23.34; Kimbell,B-$18.70; Krogstad,D-$18.70; Kruse,L- $12.90; Lyons,D-$58.70; Nattress,L-$18.70; Oehlerking,N-$18.70; Powers,C-$70.30; Straub,M- $11.16; Suiter,D-$58.70; Surrell,J-$18.70; Tefertiller,G-$16.96; Vandevelde,A-$51.74; Vanvactor,J-$58.70; Way, G-$51.16; Evans,B-$59.86; Christopherson,L-$61.60; Foster,W- $57.54; Gill,M-$59.86; Hartman,C-$60.44; Hatheway,-$58.70; Hill,S-$61.60; Jacobsen,W- $59.28; Jensen,M-$58.12; Katz,C-$51.74; Magnusson,J-$56.96; Peterson,J-$60.44; Reagle,C- $58.70; Redinger,J-$58.12; Ulvestad,L-$50.58; West,C-$59.86; Yanzick,D-$58.70; Aldinger,B- $17.54; Allen,P-$183.06; Aspen,D-$12.32; Benning, J-$21.60; Beringer,W-$24.50; Bertalot,C- $18.70; Blevins,L-$11.16; Cooch,C-$21.60; Delahoyde,K-$18.70; Gross,M-$22.18; Haiwick,M- $18.70; Knie,A-$18.70; Kuntz,J-$156.96; Larson,A-$23.92; Lindberg,L-$16.38; Meisel,V- $11.74; Mellegard,W-$10.58; Norris,K-$155.22; Oates,R-$12.32; Pickett,C-$11.74; Shultz,D- $10.58; Smith,C-$18.70; Snyder,C-$22.76; Stark,B-$18.70; Steinbach,B-$15.80; Thomas,M- $10.58; Totman,G-$18.70; Wilczynski,J-$16.96; Braun,M-$18.70; Chapel,M-$18.70; Dobbs,S- $184.80; Downing,H-$165.66; Hansen,B-$18.70; Harich,A-$176.10; Hayward,I-$10.58; Henwood,D-$21.02; Johnson,M-$21.60; Kleinheksel,M-$155.22; Koistinen,E-$18.70; Kracht,L- $165.66; Lammert,L-$11.74; Lax,C-$19.28; Marshall,J-$18.70; Nelson,R-$10.58; Pock, K- $12.90; Pulaski,C-$10.58; Rahja,C-$18.70; Ridley,C-$19.28; Savage,D-$18.70; Trewin,R- $10.58; Utecht,D-$15.22; Zwaschka,M-$18.70; Donlon,J-$52.32; Eixenberger,T-$21.60; Norman,S-$18.70; Orth,J-$21.60; Siemonsma,D-$18.70; Tetrault,M-$18.70; Waterson,O- $15.80; Bohls,M-$184.80; Carr,W-$11.74; Hardwick,S-$16.96; Osborne,P-$18.70; Percevich,H- $24.50; Reffner,D-$184.80; Sebert,M-$18.70; Speirs,F-$184.80; Stearns,J-$11.16; Webster,T- $18.70; Williams,K-$56.10; Crellin,J-$11.74.

ADJOURN: 11:30 a.m. - There being no further business it was Moved-Seconded (Opitz- Mattson) to adjourn. Motion Carried. Absent-Douglas.

______DATE

______CONNIE H. DOUGLAS, Chairperson ATTEST:

______CONNIE ATKINSON, Auditor LAWRENCE COUNTY COMMISSIONERS MEETING – SEPTEMBER 4, 2001

Chairperson Connie H. Douglas called the meeting of the Lawrence County Commissioners to order at 10:00 a.m. on September 4, 2001 in the Administrative Annex Building of the Lawrence County Courthouse located at 90 Sherman Street, Deadwood, SD with Commissioners James J. Seward, Terry Weisenberg, Barbara Mattson and George Opitz present.

All motions were passed by unanimous vote unless stated otherwise.

MINUTES: Moved-Seconded (Mattson-Weisenberg) to approve the minutes of August 28, 2001. Motion Carried.

EXECUTIVE SESSION: Moved-Seconded (Opitz-Seward) to go into executive session with Bruce Outka, Deputy States Attorney to discuss legal issues. Motion Carried. 10:15 opened.

2002 ANNUAL BUDGET: A public hearing was held on the provisional 2002 Budget. Moved- Seconded (Weisenberg-Opitz) to make the following changes to the Provisional Budget, as published, to reflect the change in Utility Valuations. Motion Carried.

General Fund / cash balance applied: $294,360; Fire Protection Fund / cash balance applied: (4,738) TAX LEVY IN COUNTY TAX LEVIES Dollars $'S/1,000 * General County Purposes (10-12-9) 4,725,208 5.38 County Snow Removal (34-5-2) 0.00 * Highway and Bridge Reserve (10-12-13) 420,000 0.48 Courthouse, Jail, etc., Bldg. (7-25-1) 300,000 0.34 LEVY - SUB TOTAL 5,445,208 6.20 Fire Protection (34-31-3) 41,252 0.10 TOTAL TAXES LEVIED BY COUNTY 5,486,460 6.30 COUNTY VALUATION 878,868.380 COUNTY VALUATION - FIRE PROT. 418,353.920

CONTINGENCY TRANSFER: Moved-Seconded (Seward-Weisenberg) to approve a contingency transfer of $5,000 to Commissioners Professional Services to submit a donation to the World War II Memorial. Motion Carried.

LAW LIBRARY CONTRACT: Moved-Seconded (Seward-Opitz) to authorize the Chairman to sign a three-year contract with Lexis/Nexis to provide online Law Library Services. Motion Carried.

EXTENSION POSTAGE GRANT SUPPLEMENT: Moved-Seconded (Opitz-Seward) To approve an automatic supplement of $1,303.70 for Extension Postage Grant for Grant Money received. Motion Carried.

SEVERANCE TAX SUPPLEMENT: Moved-Seconded (Opitz-Mattson) to set a supplemental budget hearing for September 25 th , 2001 at 8:45 a.m. for $200,000 in the Severance Tax Budget. Motion Carried.

PROPOSED LEGISLATION CONCERNING ROAD DISTRICTS / LAWRENCE COUNTY RESOLUTION #2001-29 : Moved-Seconded (Opitz-Weisenberg) to approve the following Resolution #2001-29 proposing legislation concerning road districts. Motion Carried. LAWRENCE COUNTY RESOLUTION #2001-29 WHEREAS, the County Road System was set up in the 1930’s for farmers and ranchers to bring their crops and livestock to market; and WHEREAS, the cost of bringing up the County roads to current safety standards for heavy traffic is $100,000 a mile; and WHEREAS, when a developer comes to the County and asks for the County to develop a road to and through the development project, this is an unfair burden to the local taxpayers; THEREFORE, BE IT RESOLVED, that Lawrence County requests the South Dakota Association of County Commissioners pursue legislation to allow counties to mandate

that not only must a developer have in place a road district through his development, the developer shall have in place a road district to the nearest County road when he submits a plat for development approval to the County Commissioners. Dated this 4 th day of September 2001.

LAWRENCE COUNTY BOMB THREAT POLICY: Moved-Seconded (Weisenberg- Seward) to approve the Lawrence County Bomb Threat Policy. Motion Carried.

EVERCOM / JAIL PHONE CARDS: Moved-Seconded (Weisenberg-Mattson) to approve and authorize the Chair to sign the Evercom Letter of Agreement to provide prepaid based calling services to the jail. Motion Carried.

AMENDMENT TERRY CIANI CONDITIONAL USE PERMIT: Terry Ciani requested an increase in the number of bedrooms for the present Conditional Use Permit for a specialty resort. Moved-Seconded (Seward-Weisenberg) to approve the Amendment for the Conditional Use Permit with the following changes to condition #7 & #8. Motion Carried. Condition #7: The existing septic tank shall be approved by a state registered engineer. Condition #8: The maximum number of overnight guest rooms shall be five (5).

PETITION FOR ANNEXATION OF AIRPORT PROPERTY: Paul Dingman presented a voluntary petition for annexation of property to the City of Spearfish. The Lawrence County Airport property is included in the proposed annexation. Dingman talked about the future growth of Spearfish. Don Mueller explained rural service districts and the City of Spearfish’s policy on future development in the proposed area in relation to providing services. The Mayor of Spearfish, Jerry Krambeck stated this is the direction Spearfish is growing and feels it is right for Spearfish.

Moved-Seconded (Weisenberg-Seward) to authorize the Chairperson to sign the voluntary annexation petition as landowner of the Airport Property. Motion Carried.

APPROVAL OF UNPLATTED LANDS / CITY OF SPEARFISH: The Board reviewed a Spearfish Resolution extending the boundaries of the City of Spearfish, SD by annexing lands. Douglas stated the approval of the annexation of unplatted lands is a formality the County goes through which is an administrative decision.

Moved-Seconded (Seward-Mattson) to approve the City of Spearfish annexation of unplatted lands.

Moved-Seconded (Seward-Douglas)To amend the motion “to approve the City of Spearfish annexation of unplatted lands” to: Pursuant to SDCL 9-4-5; I move that Lawrence County hereby approves the City of Spearfish’s resolution of intent to annex insofar as the same describes unplatted lands. Motion Carried.

Moved-Seconded (Seward-Mattson) to approve the motion with the amendment. Motion Carried.

ADJOURN: 11:20 a.m. - There being no further business it was Moved-Seconded (Seward- Douglas) to adjourn. Motion Carried.

______DATE

______CONNIE H. DOUGLAS, Chairperson ATTEST:

______CONNIE ATKINSON, Auditor LAWRENCE COUNTY COMMISSIONERS MEETING – SEPTEMBER 11, 2001

Chairperson Connie H. Douglas called the regular meeting of the Lawrence County Commissioners to order at 8:00 a.m. on September 11, 2001 in the Administrative Annex Building of the Lawrence County Courthouse located at 90 Sherman Street, Deadwood, SD with Commissioners James J. Seward, Terry Weisenberg, and Barbara Mattson present. George Opitz absent.

All motions were passed by unanimous vote unless stated otherwise.

MINUTES: Moved-Seconded (Mattson-Weisenberg) to approve the minutes of September 4, 2001. Motion Carried. Opitz-Absent.

AUDITOR’S ACCOUNT WITH TREASURER REPORT: Moved-Seconded (Weisenberg- Mattson) To accept the following report as read by the Auditor. Motion Carried. Opitz-Absent. Auditor's Account with the County Treasurer: The Auditor's Account with the County Treasurer as of August 31, 2001 showed the following: Total amount of deposits in banks- $8,347,983.22; Total amount of actual cash-$1,000.00; Total amount of Checks and drafts in Treasurer's possession not exceeding three days check deposit in transit)-$41,426.15; Total amount of cash in transit in Treasurer's possession (cash deposit in transit)-$4,225.35; Petty Cash-$1,585.00; Total-$8,396,219.72. (NOTE: petty cash includes: Sheriff-$1,000; Reg.of Deeds-$275; Auditor-$100; Hwy & Planning & Zoning-$50; Equalization-$35.; Public Defender, Gen.Govt.Bldgs and Extension-$25). Total amount of deposits in bank include: CD's- $6,250,000.00; Bank Balance-$1,942,580.38; and GNAM's-$155,402.84.

EXECUTIVE SESSION: 8:15 a.m. Moved-Seconded (Mattson-Douglas) to go into executive session to discuss personnel. Motion Carried. 8:25a.m. Opened. Opitz-Absent.

EXECUTIVE SESSION: 8:50 a.m. Moved-Seconded (Mattson-Douglas) to go into executive session to discuss personnel. Motion Carried. 8:55 a.m. opened. Opitz-Absent.

2002 BUDGET: Moved by Weisenberg: Due to economic conditions in Lawrence County only the base 3% raise shall be allowed for County employees, no exceptions in the 2002 budget. Motion died due to a lack of a second.

PERSONNEL: EQUALIZATION: Moved-Seconded (Seward-Douglas) to approve Dennis Schumacher as an Appraiser II at the rate of $10.98 an hour effective September 16, 2001. Motion Carried. Opitz- Absent.

SHERIFF: Moved-Seconded (Weisenberg-Douglas) to allow the advertising for a part-time jailer. Motion Carried. Opitz-absent.

PLANNING & ZONING BOARD APPOINTMENT: Moved-Seconded (Seward-Mattson) to appoint Terry Weisenberg to the Lawrence County Planning & Zoning Board to fill the term of Ramsey Kendall to expire 1-2003. Motion Carried. Aye-3, Weisenberg-Abstain, Opitz-Absent.

TRAVEL REQUEST: VSO: Moved-Seconded (Seward-Mattson) to approve the travel request for William Locken to attend the Annual CVSO School in Pierre, SD on August 27-30, 2001. Motion Carried. Opitz- Absent.

VSO: Moved-Seconded (Seward-Weisenberg) to approve the travel request for William Locken to attend the VSO Congressional forum in Hot Springs on September 18, 2001. Motion Carried. Opitz-Absent.

EQUALIZATION: Moved-Seconded (Seward-Douglas) to approve a travel advance for meals for all personnel attending the Assessor’s School. Motion Carried.

WORLD WAR II MEMORIAL: Bev Hink, on behalf of WWII Veterans, Homestake Post 31, American Legion and Auxiliary, thanked the Board for the Donation to the WWII Memorial.

STREAMFLOW GAUGING STATIONS: Moved-Seconded (Weisenberg-Seward) to approve and authorize the Chairman to sign the U.S. Dept. of Interior U.S. Geological Survey Joint Funding Agreement for Water Resources Investigations for the operation and maintenance of Stream flow gauging stations at Crow Creek, Annie Creek and False Bottom Creek for the period of October 1, 2001 to September 30, 2002. Motion Carried. Opitz-Absent.

HIGHWAY / PROJECT AGREEMENT: Moved-Seconded (Seward-Weisenberg) to approve the Modification No.7 to Cooperative Road Project Agreement 2000-2 between USDA Forest Service, BH National Forest and Lawrence County. Motion Carried. Opitz-Absent.

SHERIFF SCANNER PROJECT: Joe Harmon, Chief Deputy Sheriff, was present to explain to the Board that the Scanner Project is moving forward but he has reached the $15,000 threshold. Harmon stated they are only about 50% completed and Teresa Lux, scanner, resigned. Harmon asked for permission to replace the Temporary Full-Time position and to retain the two additional scanners on a part time basis.

Moved-Seconded (Weisenberg-Mattson) to transfer $15,000 from the Commissioner Contingency Fund into the Sheriff Salary Budget to further the project and to allow the replacement of the Temporary-Full-Time position. Motion Carried. Opitz-Absent.

AIRPORT RUNWAY PROJECT: Bob Golay, Airport Board, was present to discuss the Airport Runway Project. Golay explained the new match formula is now 90% by the FAA, 4% by SDOT and 6% local. Golay stated the $75,000 cap on the SDOT has been lifted. Golay stated the approximate $8,000,000 project may be reduced after further negotiations and changes in the project. Golay stated he would be coming back at a later date to ask the Board for a letter of commitment for the 6% matching funds.

Chair Douglas turned the meeting over to Vice-Chair Mattson and left the room.

REQUEST FOR CHANGE OF ZONING #217 / ROBERT & CONNIE DOUGLAS : A public hearing was held on a request for Change of Zoning #217 for Robert and Connie Douglas - To change the property from a conditional use property to a commercial zone for commercial storage – East Slope Estates, Whitewood. Darrin Douglas, son of Robert & Connie Douglas, explained the petition for Change of Zoning #217.

Moved-Seconded (Seward-Weisenberg) to approve the following Ordinance Amending Lawrence County Zoning #217 From A-1 General Agriculture District to HSC-Highway Service Commercial District / Ordinance Number One and cancel the Conditional Use Permit for Robert and Connie Douglas. Motion Carried. Aye-3, Douglas and Opitz-Absent.

COZ NO. 217: AN ORDINANCE AMENDING LAWRENCE COUNTY ZONING FROM A-1 GENERAL AGRICULTURE DISTRICT TO RSC - HIGHWAY SERVICE COMMERCIAL DISTRICT ORDINANCE NUMBER ONE: Pursuant to a Petition of Robert Douglas for a Change of Zoning of a tract of land located in Lawrence County. South Dakota and pursuant to notice thereof having been given by publication of such as required by law, and Pursuant to notice having been given to adjacent landowners by certified mail as required by law, and pursuant to the favorable recommendation of the Lawrence County Planning Commission. BE IT ORDAINED: By Lawrence County, South Dakota, that the boundaries of A-1 General Agriculture District as established by the Lawrence County Zoning Ordinance One, be amended so as to remove the following described real property, toWit: Lot 2, East Slope Estates, Section 16,T6N, R4E, B.H.M. from the A-1 - General Agriculture District and include it in the HSC - Highway Service Commercial District. This amendment will become effective on the twentieth (20th) day following publication.

Vice-Chair Mattson turned the meeting back over to Chair Douglas.

BILLS: Moved-Seconded (Weisenberg-Douglas) To Approve Payment Of The Following Payroll And Authorize The Chairman To Approve The Vouchers Listed Below For Expenditures For Insurance, Professional Services, Publications, Rentals, Supplies, Repairs, Maintenance, Travel, Conference Fees, Utilities, Furniture And Equipment Drawn On The Proper Funds and Various Departments. Motion Carried. Opitz-Absent. Payroll: Comm-$3,032.04; Aud-$4,669.05; Treas-$7,324.71; Comp-$4,451.10; States Atty- $9,208.75; Pub Def-$5,597.95; Ggb-$5,000.76; Equal-$11,630.33; Deeds-$5,446.47; Vso- $670.88; Dispatch-$8,460.04; Sher-$28,017.67; Jail-$13, 556.12; Emerg Mngt-$1,502.21; E911- $1,199.04; Highway-27,340.79; Exten-$1,243.36; Soil-$437.94; Weed-$3,354.31; Pz-$2,388.41; Bills: Larson,D-$11.74; Mowell,R-$9,175.50; Wells,W-$14.40; A-1 Steam Brothers-$1,359.90; Abc Business Supply Corp-$365.66; Altaire Enterprises Inc-$30.00; Amcon Distributing- $237.89; American Family Life Inc-$1,170.38; Applebees-$25.00; Armstrong Extinguish Inc- $88.00; Bh Chemical Company Inc-$378.30; Bh Federal Credit Union-$6,848.29; Bh Fibercom- $126.33; Bh Pest Control-$95.00; Bh Pioneer Inc-$517.83; Bh Power & Light Rapid-$792.26; Bh Surgery Center Llp-$13,410.81; Best Business Prod Inc-$33.37; Blackinton, J G Phd-$35.00; Blue Cross-$30,626.03; Bratton,C-$20.00; Brevik,M-$166.28; Butte Electric Coop Inc-$327.91; Cardinal Printing-$38.50; Carlson,D-$30.00; Christensen Law Office-$375.75; Claims Associates Inc-$1,799.13; Clark Printing Inc-$407.62; Clerk Of Courts-$509.32; Conoco- $334.94; Credit Collections Bureau-$30.00; Culligan Soft Water Serv Inc-$23.50; Custom Cage- $20.00; Dakota Laser Tech-$20.00; Deadwood Recreation Center-$77.00; Deadwood Supply Inc-$208.60; Deadwood, City Of-$1,205.15; Deckers Food Inc-$47.23; Dept Of Hlth Lab Services-$175.00; Dept.Of The Treasury-$35,863.41; Dietrich,D-$205.68; Ekeren,M-$30.00; Executone Of The Bh Inc-$6,152.26; Federal Express Corp-$17.50; Fish,V-$13.50; Frasch Equip Instrumentation-$350.00; Fuller, Tellinghuisen, Gordon-$67.00; Gene Johnson Construction-$6,227.36; Glenney,T-$70.00; Gold Dust Inc-$166.27; Golden West Teltech Inc- $37.50; Great Western Tire Inc-$101.57; Hansen Hubbard & Swanson-$141.80; Havemeier,L- $64.20; Haywire Fencing-$1,935.45; Ibm Corp Sqh-$328.40; Ikon Office Solutions Inc-$291.89; K Mart 3893-$71.37; Kadrmas Lee And Jackson Inc-$914.76; Kendall,R-$35.36; Kinney & Koch Llp-$456.24; Knecht True Value Inc-$9.25; Lc Extension-Petty Cash-$24.71; Lc Public Health-$2,208.00; Lc Sheriff-$117.15; Lead-Deadwood Sanitary-$531.92; Manlove Psychiatric Group-$760.00; Matthew Bender & Co Inc-$52.00; May,Johnson,Doyle& Becker Inc-$883.70; Mcarthur,J-$35.00; Meade County Sheriff-$8.10; Montana-Dakota Util Dwd-$659.76; Muller,D- $119.19; Muth Electric Inc-$22.80; Nh Family Ymca-$448.00; Nh General Hospital-$360.00; Nh Plaza-$280.70; Nelson,T-Onya-$700.00; Niesent,L-$455.00; Office Of Child Support- $284.50; Ore Car Express Inc-$50.00; Paperdirect Inc-$52.73; Pennington County Sts.Attny- $200.00; Pizza Hut Inc-$101.15; Prism Video Serv Inc-$11.50; Queen City Medical Center- $25.00; Queen City Rocket Lube-$82.47; Qwest-$190.76; Rc Journal Inc-$454.30; Rc Regional Hospital Inc-$36.08; Radio Shack-$1.99; Sd Retirement System-$30,049.56; Sd State Treasurer- $5,475.00; Sd Community Foundation-$5,000.00; Sd Federal Property Agency-$27.00; Sd Supplemental Retirement-$874.50; Sanito Oil Inc-$1,206.65; Servall Towel & Linen Inc- $169.99; Silverado Inc-$101.48; Smithkline Beecham Inc-$279.00; Spearfish Surgery Center- $25.00; Specialized Auto Service Inc-$9.50; State Disbursement Unit/169763-$60.00; Superior Sanitation-$200.00; Teen Court Inc-$4,133.92; Telcomco Communications-$95.60; Texaco Inc- $116.00; The Index-$65.00; Thurman Law Office-$259.83; Twin City Hardware &Lumber Inc- $322.24; Us Indentification Manual Inc-$82.50; Viking Office Prod-$209.84; Western Communication Inc-$3,468.15; Yankton Co Sheriff-$49.50; Witness & Jurors Fees: Bey, R- $151.74; Chenoweth,T-$17.54; Addington,B-$10.58; Barrios,S-$18.70; Byers,N- $158.70; Doyle,R-$18.70; Eaves,D-$20.44; Freese,J-$18.70; Klein,K-$18.70; Mackay,T-$10.58; Penrose,P-$176.10; Ryan,J-$20.44; Schneider,R-$19.28; Schumacher,C-$11.74; Shanklin,E- $176.10; Sorensen,K-$27.40; Stuen,N-$16.96; Sunich,M-$13.48; Thoresen,L-$11.74; Varland,R-$15.80; Voyles,A-$21.60; Alfson,E-$58.70; Baenen,A-$11.16; Blanford,M-$58.70; Bonrud,M-$17.54; Bouska,J-$19.86; Boyd,C-$21.60; Buth,T-$55.80; Cornella,L-$19.86; Culver,C-$8.70; Dobesh,R-$18.70; Ertman,J-$52.90; Evans,B-$59.86; Fischback,K-$12.32; Goodwin,T-$54.64; Gross,K-$10.58; Hayes,D-$21.60; Howard,L-$59.86; Jensen,T-$57.54; Lamb,C-$18.70; Meyer,T-$58.70; Nelson,K-$61.60; Niesent,G-$51.74; Reede,M-$18.70; Sebade,C-$15.80; Selk,J-$21.60; Stahl,R-$11.74; Sterzer,A-$11.74; Tripp,M-$18.70; Westerling,K-$21.60; Coates,R-$58.70; Foster,W-$57.54; Holso,C-$51.74; Jensen,M-$58.12; Magnusson,J-$56.96; Reagle,C-$58.70; Ulvestad,L-$50.58; West,C-$59.86; Ahl,R-$18.70; Aspelin,C-$21.60; Barker,T-$17.54; Bowman,J-$10.58; Burtzlaff,D-$21.60; Caldwell,R- $11.16; Dafoe,L-$18.70; Eisenbarth,S-$11.74; Ewing,S-$21.60; Feist,C-$176.10; Fust,D-$12.32; Haak,L-$184.80; Hall-Grass,K-$176.10; Hanson,E-$172.62; Jacobs,M-$11.16; Langdeau,K- $176.10; Lewis,L-$18.70; Liggett,P-$14.06; Lillehaug,J-$20.44; Melcher,G-$19.86; Nichols,M- $16.96; Oestreich,E-$20.44; Pidde,L-$14.64; Rosenau,A-$21.60; Torres,A-$11.74; Zimbleman,R-$21.60; Casper,J-$184.80; Collins,T-$151.74; Jones,S-$18.70; Markve,R-$18.12; Munsell,R-$18.70; Paisley,J-$18.70; Schoon,R-$188.28; Sparks,J-$18.70; Terry,M-$18.70; Thrall,R-$12.32; Aberle,C-$11.74; Barthel,J-$52.90; Chandler,H-$19.28; Lavoy,P-$21.60; Mcguckin,M-$51.74; Schenk,D-$73.50

ADJOURN: 10:10 a.m. - There being no further business it was Moved-Seconded (Weisenberg-Seward) to adjourn. Motion Carried. Opitz-Absent. ______DATE

______CONNIE H. DOUGLAS, Chairperson ATTEST: ______CONNIE ATKINSON, Auditor LAWRENCE COUNTY COMMISSIONERS MEETING SEPTEMBER 24, 2001

The Lawrence County Commissioners met on Monday, September 24, 2001 with the following members present: Connie H. Douglas, Barbara Mattson, James J. Seward, Terry W. Weisenberg and George Opitz. Chairman Douglas called the meeting to order at 1:00 p.m.

EXECUTIVE SESSION: 1:00 P.M. Moved-Seconded (Weisenberg-Mattson) to go into executive session for personnel reasons. Motion carried. 3:50 P.M. Moved-Seconded (Mattson-Weisenberg) to come out of executive session. Motion carried.

4:00 P.M. Moved-Seconded (Seward-Mattson) to adjourn. Motion carried.

APPROVED: ______Connie H. Douglas, CHAIR

DATE:______

ATTEST:

______Connie Atkinson, AUDITOR

LAWRENCE COUNTY COMMISSIONERS MEETING – SEPTEMBER 25, 2001

Chairperson Connie H. Douglas called the regular meeting of the Lawrence County Commissioners to order at 8:00 a.m. on September 25, 2001 in the Administrative Annex Building of the Lawrence County Courthouse located at 90 Sherman Street, Deadwood, SD with Commissioners Terry Weisenberg, Barbara Mattson and George Opitz present. James J. Seward absent.

All motions were passed by unanimous vote unless stated otherwise.

MINUTES: Moved-Seconded (Weisenberg-Opitz) to approve the minutes of September 11 & 24, 2001. Motion Carried. Seward-Absent.

SHERIFF SUPPLEMENT: Moved-Seconded (Opitz-Weisenberg) to do an automatic supplement of $2,235.38 for the JBG for overtime reimbursement to Sheriff/Salary and to do an automatic supplement of $10,000 for the DEA Grant to Sheriff/Supplies. Motion Carried. Seward-Absent.

TRAVEL REQUEST: HIGHWAY: Moved-Seconded (Opitz-Weisenberg) to approve the travel request for Chuck Williams to attend the County Road Advisors Conference in Rapid City on October 17 & 18, 2001. Motion Carried. Seward-Absent.

PUBLIC DEFENDER: Moved-Seconded (Weisenberg-Mattson) to approve the travel request for Joel Landeen to attend the SD State/Tribal Judicial Conference October 11 & 12, 2001. Motion Carried. Seward-Absent.

EQUALIZATION: Moved-Seconded (Opitz-Weisenberg) to allow Dennis Schumacher to attend the annual assessors school in place of Darlene Piekkola. Motion Carried. Seward-Absent.

PERSONNEL: SOIL CONSERVATION: Moved-Seconded (Weisenberg-Mattson) to accept the resignation of Dianne Miller with extreme regrets. Motion Carried. Seward-Absent.

WORKERS COMPENSATION / ELECTED OFFICIALS: Moved-Seconded (Opitz- Mattson) to approve the following Resolution #2001-33 declaring that any official elected or appointed for a regular term of office, or to complete the unexpired portion of any such term, be treated as an employee for workers compensation insurance coverage. Motion Carried. Seward- Absent. LAWRENCE COUNTY RESOLUTION #2001-33. WHEREAS, Lawrence County provides workers compensation insurance to its eligible employees and volunteers pursuant to SDCL Chapter 62; and WHEREAS, Lawrence County wishes to provide these same coverage to its elected officials; NOW THEREFORE BE IT RESOLVED, that Lawrence County hereby declares that any official elected or appointed for a regular term of office, or to complete the unexpired portion of any such term, be treated as an employee for workers compensation insurance coverage. Dated this 25 th day of September, 2001. FOR THE BOARD: Connie H. Douglas. CHAIR. ATTEST: Connie Atkinson, Auditor.

ADOPTION OF 2002 BUDGET: Moved-Seconded (Opitz-Weisenberg) to adopt the 2002 Annual Budget and approve the following resolution. Motion Carried. Seward-Absent. RESOLUTION #01-30: ADOPTION OF ANNUAL BUDGET FOR LAWRENCE COUNTY, SOUTH DAKOTA - WHEREAS, (7-21-5 thru 13), SDCL provides that the Board of County Commissioners shall each year prepare a Provisional Budget of all contemplated expenditures and revenues of the County and all its institutions and agencies for such fiscal year and, WHEREAS, the Board of County Commissioners did prepare a Provisional Budget and cause same to be published by law, and WHEREAS, due and legal notice has been given to the meeting of the Board of County Commissioners for the consideration of such Provisional Budget and all changes, elimination's and additions have been made thereto. NOW THEREFORE BE IT RESOLVED, That such provisional budget as amended and all its purposes, schedules, appropriations, amounts, estimates and all matters therein set forth, SHALL BE APPROVED AND ADOPTED AS THE ANNUAL BUDGET OF THE APPROPRIATIONS AND EXPENDITURES FOR LAWRENCE COUNTY, SOUTH DAKOTA and all its institutions and agencies for calendar year beginning January 1, 2002 and

ending December 31, 2002 and the same is hereby approved and adopted by the Board of County commissioners of Lawrence County, South Dakota, this 25th day of September, 2001 The annual budget so adopted is available for public inspection during normal business hours at the office of the County Auditor Lawrence County, South Dakota. The accompanying taxes are levied by Lawrence County for the year January 1, 2002 through December 31, 2002. FUND TAX LEVY IN DOLLARS $'s/thousand (levy) GENERAL 4,725,208 5.38 SNOW REMOVAL 000,000 .00 HIGHWAY & BRIDGE 420,000 .48 COURTHOUSE & JAIL 300,000 .34 FIRE PROTECTION 41,252 .10 TOTALS 5,486,460 6.30 DATED at Deadwood, South Dakota, this 25th day of September 2001. LAWRENCE COUNTY COMMISSIONERS: Connie H. Douglas, Chairman, Barbara Mattson, James J. Seward, Terry Weisenberg, George Opitz, ATTEST: Connie Atkinson, Auditor.

SUPPLEMENT BUDGET RESOLUTION #01-31: Moved-Seconded (Opitz-Mattson) to approve and adopt the following Resolution #01-31 TO ADOPT A SUPPLEMENTAL BUDGET. Motion Carried. Seward-Absent. WHEREAS, the County Budget for Lawrence County, South Dakota, for the fiscal year 2001, failed to provide sufficient revenue to enable the County to conduct the indispensable functions of Government, and WHEREAS, the Board of County Commissioners of said County deems it necessary to make a Supplementary Budget, providing for appropriation in the amounts set out below. NOW, THEREFORE, be it RESOLVED THAT SAID BOARD, make, approve and adopt a Supplemental Budget for Lawrence County, South Dakota, for the year 2001, and that in said budget there will be and is hereby appropriated the following sum of money, to-wit: SEVERANCE TAX FUND Impact & Economic Funding - $200,000. The funds for the above amounts are to be provided from unappropriated cash balances and estimated revenue in the designated Fund. Be it further RESOLVED that a hearing was held on the 25 th day of September, 2001 at the hour of 8:45 o'clock, a.m. in the Commissioners' Room in the Administrative Office Building at 90 Sherman Street, Deadwood, Lawrence County, South Dakota, and that said Notice of Hearing was posted according to law, SDCL 7-21-22. IN WITNESS WHEREOF, we have hereunto set our hands and official seal of Lawrence County, this 25 th day of September, 2001. LAWRENCE COUNTY COMMISSIONERS: Connie H. Douglas, Chairman, Barbara Mattson, James J. Seward, Terry Weisenberg, George Opitz, ATTEST: Connie Atkinson, Auditor.

JUVENILE DETENTION CENTER: Moved-Seconded (Weisenberg-Mattson) to set October 23, 2001 at 8:45 for a supplemental budget for the Juvenile Detention Center for $30,000. Motion Carried. Seward-Absent.

ELEVATOR CONTRACT: Moved-Seconded (Mattson-Weisenberg) to authorize the Chair to sign a letter of termination for the elevator maintenance contract with Black Hills Elevator effective 12-31-2001. Motion Carried. Seward-Absent.

Moved-Seconded (Mattson-Weisenberg) to authorize the Chair to sign the Service Agreement with Rabe Elevator effective 1-1-2002, contingent upon Rabe providing a certificate of insurance and a release of excise tax. Motion Carried. Seward-Absent.

ABATEMENTS: STANLEY & IMOGENE SOMERS: Moved-Seconded (Opitz-Weisenberg) to deny the request for classification change for Stanley & Imogene Somers on 437 State St, Spearfish. The law states the Certification of Owner-Occupied Dwelling must be in the Director of Equalization office prior to March 1 and the certification was not on file at that time. Motion Carried. Seward- Absent.

E911 UPDATE: Tom Sandvick updated the Board on the progress of E911. Sandvick stated the Lead zip code would be mailed out on Monday. This will complete the mailing of E911 addressing. Sandvick stated the marker survey contract was in the penalty phase, as they had not completed the work as required in the contract. Moved-Seconded (Mattson-Opitz) to set the bid opening for the Installation, Signs and Hardware contracts for October 23, 2001 at 10:30 a.m. Sandvick stated he has continued to provide training to the emergency response personnel in the usage of the rural

addressing atlas. Sandvick stated the response personnel must learn their area and can not rely upon the dispatchers to direct them to the exact location. Sandvick stated he is trying to work out a system with the Planning and Zoning Office so he can receive current building permit information so addresses can be assigned.

TRANSFER OF CUP #184 ACKERMAN BED & BREAKFAST TO BQC: Ken O’Neill was present to ask the Board to transfer CUP#184 from Ackerman’s Bed & Breakfast to BQC. O’Neill stated they purchased the home and would like to continue the CUP. O’Neill stated they will not be living in the home full time but will have a manager on duty when guests are staying in the home. Discussion followed on the requirement that the owner live in the home for a Bed & Breakfast. O’Neill was informed that a Conditional Use Permit for a Specialty Resort would need to be applied for if he did not live in the home.

Moved-Seconded (Opitz-Weisenberg) to approve the transfer of CUP #184 to BQC with a change in condition #4 that it be reviewed in six months. Aye-3, Nay-Douglas, Absent-Seward. Motion Carried.

The Board stated O’Neill, or a part owner of the property, would have to live in the home for the Bed and Breakfast. O’Neill stated he will apply for a Specialty Resort CUP in the future.

CORRECTIVE DEED: Burt Row was present to ask the Board for a corrective deed for property he purchased from the county. Row stated after surveying the property the acreage changed on the two parcels he purchased in 1989. Terry Kranz stated he supported a corrective deed. Moved-Seconded (Weisenberg-Opitz) to authorize the Chair to sign the Corrective Quit Claim Deed after prepared and reviewed by the States Attorney. Motion Carried.

AIRPORT RUNWAY PROJECT: Bob Golay and Neal Clark were present representing the Airport Board. Golay presented the estimated project costs by year and phase. The Master Plan total project cost estimate was $8,076,000 and the revised amount is $7,448,000. The County share is 6% or approximately $446,880 through the year 2005. Golay stated the County would initially pay the total cost of the projects and then they would be reimbursed by federal and state funds. Golay stated options are available in working with the contractors to submit the bill for reimbursement 30 days in advance so the federal and state funds can be received prior to the actual payment of the bill. Golay stated during land acquisition in 2003 they may need to do one property at a time so there is not a problem with funds on hand. Golay stated the Airport Board has estimated that approximately $200,000 of the insurance money from the wind storm could be applied to the $446,800. Golay asked for a letter of commitment of funds for the 6% match funds. Golay stated they need the letter of commitment to send for application of the federal funds. FAA share of 90% amounts to $6,703,000. Weisenberg stated he was not ready to commit any future board to the year 2005 due to the possible economic conditions of the County in years to come. Douglas stated the FAA needs a commitment letter or they will not be willing to dedicate to a large project if there is a possibility the project will not go forward. The Board discussed the possibility of building only one hangar, allowing additional wind storm funds for the airport project. Golay stated these are replacement hangars and the space is already committed. Scott Randolph, reporter, questioned the Board if public hearings would be held on the airport project. Discussion followed on the powers of the Airport Board and public hearings. Douglas, Weisenberg and Golay will meet with the States Attorney to clarify the letter of commitment and pertinent legal issues and report back on October 2, 2001.

FOREST SERVICE ISSUES: Craig Lundorff, US Forest Service, was present to ask the Board for a letter of support for land acquisition. Homestake is the major land holder of the properties involved and the remaining parcel is Evans. Douglas stated the Board needs to know how this will affect the tax base for the County before any letter of support will be issued. Lundorff explained the Forest Service pays PILT funds to replace property taxes. The Board stated the issue needs to be researched further and how PILT funds would compare to the loss in property taxes.

COUNTY BUILDINGS / SLIME PLANT: Jon Mattson, Deadwood Attorney, Jerry Galyart, Deadwood City Limits, Francis Toscana, Deadwood, Mayor, John Frederickson, Deadwood Attorney were present to request the Board negotiate a purchase agreement or option to buy for the Slime Plant. Opitz, Weisenberg, Bruce Outka and Chuck Williams will meet with the Deadwood Representatives this week to start the negotiations process.

BILLS: Moved-Seconded (Weisenberg-Mattson) To Approve Payment Of The Following Payroll And Authorize The Chairman To Approve The Vouchers Listed Below For Expenditures For Insurance, Professional Services, Publications, Rentals, Supplies, Repairs, Maintenance, Travel, Conference Fees, Utilities, Furniture And Equipment Drawn On The Proper Funds and Various Departments. Motion Carried. Seward-Absent.

Payroll; Comm-$3,032.04; Aud-$4,160.73; Treas-$6,297.62; Comp-$4,038.94; States Atty- $8,712.99; Pub Def-$5,239.07; Gen Govt Bldg-$5,104.99; Equal-$6,818.23, Deeds-$4,781.52; Vso-$670.88; Dispatch-$9,432.22; Sher-$22,042.97, Jail-$14,761.94; Emerg Mgnt-$1,350.69; E911-$999.20; Highway-$24,639.15; Exten-$951.20; Soil-$486.60; Weed-$1,598.17; P&Z- $2,227.61; Bills: Atkinson,C-$102.10; Locken,W-$96.28; Otis,T-$115.00; Schumacher,D-$115.00; Struble,L- $115.00; Tridle,D-$67.00; Weisenberg,T-$350.64; Writer,J-$115.00; A&B Welding Supply Inc- $161.52; A&J Supply-$111.73; Abc Business Supply Corp-$371.61; Ace Steel & Recycling Inc- $92.30; Altaire Enterprises Inc-$40.00 ; Amcon Distributing-$273.84; Amoco Oil Co-$200.17; Anesthesia Solutions Pc-$256.00; At&T-$112.85; Bh Collection Service Inc-$25.00; Bh Federal Credit Union-$6,848.29; Bh Medical Ctr Pharmacy Inc-$618.81; Bh Power & Light, Rapid- $6,763.85; Best Western Ramkota Inn-$1,100.00; Bickle's Truck & Diesel-$5.08; Binder,T- $2,106.30; Bob Barker Company Inc-$59.97; Brevik,M-$222.58; Buckstop Express Mart Inc- $105.33; Burrly's Lube-$60.32; Business Aviation Inc-$148.50; Butler Machinery Co Inc- $495.04 ; Cameron Communications-$219.07; Carlson,D-$15.00; Carquest Of Spearfish-$41.35; Cellular One-$36.69; Central Parts-$340.70; Chain Saw Center-$53.70; Christensen Law Office- $377.50; City/County Alcohol &Drug-$95.00; Clark Printing Inc-$319.39; Cleveland Cotton Products-$59.93; Clinical Lab Of Bh Inc-$5,360.32; Community Health Services-$37.00; Corral West-$26.95; Correctional Billing Svc-$2.18; Credit Collections Bureau-$30.00; Culligan Soft Water Serv Inc-$121.75; Cvd Construction Inc-$14,792.85; Deadwood 1 Hour Photo-$49.10; Deadwood Supply Inc-$32.28; Dept Of Hlth Lab Services-$401.89; Dept Of The Treasury- $30,774.43; Dietrich,D-$106.34l; Domestic Crisis Outreach-$1,008.75; Eagle Aviation Inc- $480.22; Eddie's Truck Sales/Serv Inc-$5.16l Ekeren,Marv-$15.00; Expanets-$29.70; Extension Service #376287-$112.32; Farm Plan/Rdo Inc-$33.82; Fish,V-$3,001.50; Frasch Equip Instrumentation-$162.00; Gall's Inc-$441.97; Godfrey's Brake Serv Inc-$472.76; Graybar Electric Co Inc-$342.98; Great Western Tire Inc-$273.20; Haley's Tri-State Auction Serv- $16.00; Heisler Hardware Inc-$19.75; Hills Material Comp Inc-$78,733.44; Honeywell Inc- $562.00; Humphrey,P-$1,917.73; Huron Culvert & Tank Co Inc-$11,970.00; Ibm Corp Sqh- $185.00; Ikon Office Solutions Inc-$332.76; Insight-$675.00; Kar Products Inc-$709.93; Kinney & Koch Llp-$3,798.75; Lc Auditor-Petty Cash-$58.91; Lc Centennial Inc-$429.13; Lc Sheriff- $663.13; Lawson Products Inc-$189.39; Lee,J-$30.00; Lewis & Clark Bhs-$375.00; Lutheran Social Services Inc-$35.00; Manlove Psychiatric Group-$390.00; Matthew Bender & Co Inc- $47.90; Meade County Sheriff-$8.10; Medicine Shoppe, The Inc-$633.80; Mobility Concepts- $84.00; Montana Dakota Utilities-$98.82; Mutchler,T-$161.00; Nh General Hospital-$1,839.56; Nh Plaza-$313.90; Njs Engineering Inc-$6,090.12; Neurosurgical Associates-$1,537.56; Nicholas,C-$29.86; Northern Tool & Equip Inc-$421.85; Office Of Child Support-$284.50; Pennington Co Auditor-$133.00; Pennington County Sts.Attny-$200.00; Phillips Petroleum Co Inc-$13.62; Postmaster, Deadwood-$65.00; Pronto Auto Supply-$82.76; Queen City Medical Center-$25.00; Qwest-$1,964.19; Quill Corp-$122.81; Rc Community Health-$69.00; Rc Finance Office-$1,540.00; Rc Regional Hospital Inc-$543.00; Ramada Inn-$756.00; Rand's Photo-$912.49; Rapid Delivery Inc-$23.25; Reliable Inc-$96.39; Richards,R-$378.05; Reindl,S- $755.50; Ryken,R-$16.20; Sd Dept. Of Revenue-$365.00; Sd Aao Inc-$20.00; Sd Human Services Center-$606.49; Sd Supplemental Retirement-$874.50; Sanito Oil Inc-$6,647.93; Servall Towel & Linen Inc-$264.51; Spearfish Auto Supply Inc-$986.73; Spearfish Surgery Center-$25.00; Specialized Auto Service Inc-$59.95; State Disbursement Unit/169763-$60.00; Stettler Backhoe Service-$309.06; Stretch's Glass & Mirror-$64.00; Superior Lamp And Supply Inc-$170.05; Texaco Inc-$72.72; The Glass Shop-$92.84; Tillmans Tree Trimming-$575.00; Trent,B-$51.68; Tridle,J-$100.00; Triple K Tire & Repair-$3,578.45; U.S. Geological Survey- $25,000.00; Us Postal Service-$6,600.00; United Parcel Service-$7.42; Va Black Hills Health Care Sys-$43.20; Valley Auto-$65.00; Verizon Wireless Inc-$285.23; Victims Of Violence- $1,008.75; Viking Office Prod-$424.56; Walmart Store Inc-$260.89; Waste Connections Inc- $322.32; West Group-$69.00; Western Communication Inc-$294.10; Western Sd Juvenile Serv-

$8,706.96; Whisler Bearing Co-$302.78; Worldcomm Mci Inc-$414.03; Yankton Co Sheriff- $16.50; Witness & Juror Fees: Derby,P-$20.87; Bettelyoun,S-$90.45; Groce,J-$10.58; Fischer,T-$28.70; Doughtery,S-$30.15; Anderson,A-$49.00; Barnat,L-$20.00; Bertalot,S- $28.70; Bertsch,A-$28.70; Bunch,G-$28.70; Bryant,S-$20.58; Chernin,M-$28.70; Furze,P- $21.74; Inhofer,B-$28.70; Maynard,C-$21.74; Raiseen,R-$28.70; Schumaker,A-$28.70; Yung,J- $28.70; Albrandt,R-$18.70; Austfjord,K-$112.76; Baker,M-$18.70; Benedict,T-$17.54; Buehner,C-$18.70; Buxton,J-$18.70; Carr,D-$10.58; Coffield,C-$117.40; Collier,L-$10.58; Crotty, A-$12.32; Cudmore,J-$106.96; Deis,D-$21.60; Deshazo,C-$117.40; Fierro,J-$22.76; Furois,K-$15.80; Gesinger,G-$18.70; Goodwin,M-$120.88; Haugen,S-$13.48; Hight,L-$10.58; Kapust,M-$104.64; Kenzy-Ulmer,K-$18.70; Lefler,K-$106.96; Long,T-$103.48; Mattox,A- $16.96; Mueller,M-$123.20; Pavich,F-$19.28; Pedersen,R-$21.60; Pierce,R-$117.40; Richardson,J-$10.58; Rowe,C-$18.70; Takacs,J-$18.12; Tellinghuisen,A-$18.70; Tonkyn,L- $24.50; Uttke,E-$21.60; Vancas,J-$115.08; Evers,G-$40.30; Vansco,S-$387.00

ADJOURN: 12:05 p.m. - There being no further business it was Moved-Seconded (Opitz- Douglas) to adjourn. Motion Carried. Seward-Absent.

______DATE

______CONNIE H. DOUGLAS, Chairperson ATTEST:

______CONNIE ATKINSON, Auditor LAWRENCE COUNTY COMMISSIONERS MEETING – OCTOBER 2, 2001

Chairperson Connie H. Douglas called the regular meeting of the Lawrence County Commissioners to order at 8:00 a.m. on October 2, 2001 in the Administrative Annex Building of the Lawrence County Courthouse located at 90 Sherman Street, Deadwood, SD with Commissioners Terry Weisenberg, Barbara Mattson and George Opitz present. James J. Seward was absent.

All motions were passed by unanimous vote unless stated otherwise.

MINUTES: Moved-Seconded (Weisenberg-Mattson) to approve the minutes of September 25, 2001. Motion Carried. Seward absent.

8:10 AM: Moved-Seconded (Opitz-Weisenberg) to go into executive session to discuss contractual matters. Motion carried. Seward absent. 8:20 AM: The Board reopened for regular business.

SUPPLEMENTAL BUDGET HEARING: Moved-Seconded (Mattson-Weisenberg) to set a supplemental budget hearing for $20,438 for the Public Defenders Office (Professional Services- $12,673; Supplies-$1,944; In State Travel-$4,616; Equipment-$1,205) and Nurses – SD Dept of Health - $2,000 for October 23 rd , 2001 at 8:45 a.m. Motion Carried. Seward absent.

PERSONNEL: States Attorneys Office: Moved-Seconded (Weisenberg-Douglas) to approve the step raise for Janice Silvernail, Legal Secretary I, to Step 2 effective October 9, 2001 at the rate of $9.20/hour. Motion carried. Seward absent. Sheriffs Office: Moved-Seconded (Weisenberg-Opitz) to approve the reclassification of Andrew Hulm from a Deputy Sheriff I to a Deputy Sheriff II effective October 1, 2001 as he has completed his one-year probationary period. Motion carried. Seward absent. Soil Conservation District: The Board recognized Dianne Miller, past Conservation District secretary, for her 15 years of employment service and presented her with a plaque and shirt wishing her the best in her future endeavors. Moved-Seconded (Weisenberg-Mattson) to discontinue employing an employee for the Lawrence Soil Conservation District and approve a yearly subsidy of $18,000 to the service beginning in calendar year 2002. Motion carried. Seward absent.

TRAVEL REQUEST: Moved-Seconded (Opitz-Mattson) to approve the travel request for Brian Klein, Mark Heinbaugh and Jill Jennewein, Sheriff Dispatchers, to attend the Emergency Medical Dispatch Training in Rapid City October 15-17, 2001. Motion carried. Seward absent.

8:30 AM: Moved-Seconded (Opitz-Douglas) to go into executive session to discuss personnel matters. Motion carried. Seward absent. 8:45 AM: The Board reopened for regular business.

AIRPORT PROJECT: The Board met with Bob Golay and Neil Clarke of the Airport Board and continued discussion regarding the Airport Board’s request for a letter of commitment for the matching funds needed to complete the Airport’s new runway expansion project. Chairperson Douglas clarified that the Airport Board will hold public hearings during the environmental assessment phase of the project. The County Commissioners are only required to hold public hearings during the budget/supplemental budget request. She reminded everyone that the Airport Board is an autonomous Board and, therefore, the Airport Master Plan is approved by the Airport Board and not the County Commissioners. Golay explained the safety reasons for the airport expansion project and said that airplanes would be able to do instrument approaches when the project is complete. He said the letter of intent for the 6% matching funds from the County is needed to send with the FAA grant application. Golay indicated their engineer’s estimates for the 6% local match to be $446,880. He estimated they would have $200,000 in surplus airport funds, therefore, would only need $246,880 in additional funding. He informed the Board that the Airport Board would be meeting with the FAA and State Aeronautics officials on October 3 rd and would like to present the commitment letter to them. Commissioner Opitz said that if this County supports progress at all, we should support this project. He also said there will be plenty of time for opponents to be heard at the public hearings. Commissioner Weisenberg requested the Auditor earmark surplus funds so the levy would not have to be increased to fund this project. Moved-Seconded (Opitz-Weisenberg) to authorize Bruce Outka, Deputy States Attorney, to draft a letter of intent to commit, and authorize the Chair to sign, to the 6% matching funds for the airport project contingent upon FAA grant approval, the outcome of the environmental assessment and the public hearings. Motion carried. Seward absent. Chair Douglas requested the Airport Board submit agendas of their meetings three days in advance for distribution to the press.

CHANGE OF ZONING #212 – ELKHORN RIDGE RETAIL CENTER: A public hearing was held on a request for Change Of Zoning #212 – Elkhorn Ridge Retail Center (Frawley Ranches, Inc.) – To allow for retail courtyard development to occur on the land. LEGAL: That portion of the SE¼NE¼, NW¼NE¼ and the S½NE¼NE¼ of Section 22, which lies east of Highway 85, T6N, R3E, B.H.M., Lawrence County, South Dakota. LOCATION: Northeast of Highway 85 and South of Interstate 90 at Exit 17. PRESENT ZONE: A-1 General Agriculture District. PROPOSED ZONE: HSC – Highway Service Commercial District. No input was received from the public. Moved-Seconded (Weisenberg-Opitz) to deny this request for a change of zoning because of the outcome of the recent election and a recommendation for denial from the Planning and Zoning Board. Motion carried. Seward absent.

CHANGE OF ZONING #213 - ELKHORN RIDGE GOLF COURSE AND ELKHORN RIDGE SUBDIVISION: A public hearing was held on a request for Change Of Zoning #213 - Elkhorn Ridge Golf Course and Elkhorn Ridge Subdivision (Frawley Ranches, Inc.) - To allow for residential and golf course development. LEGAL: The NE¼SE¼ of Section 15, lying south of Interstate I-90 right-of-way; the SE¼NE¼ of Section 15, lying south of Interstate I-90 right- of-way; the NE¼NE¼, the SE¼SE¼ and the south 979.34 feet of the E½SW¼SE¼ of Section 15; the NW¼NW¼ and the SW¼ of Section 14; the NW¼ of Section 14, lying south of Interstate I-90 right-of-way; the NE¼NE¼ of Section 22; and the N½NW¼ of Section 23, all located in T6N, R3E, B.H.M., Lawrence County, South Dakota. LOCATION: Vicinity of Exit 17, Interstate 90. PRESENT ZONE: A-1 - General Agriculture District. PROPOSED ZONE: SRD - Suburban Residential District. No input was received from the public. Moved-Seconded (Mattson-Weisenberg) to deny this request for a change of zoning because of the outcome of the recent election and a recommendation for denial from the Planning and Zoning Board. Motion carried. Seward absent.

CHANGE OF ZONING #214 – ELKHORN RIDGE RETIREMENT VILLAGE: A public hearing was held on a request for Change Of Zoning #214 – Elkhorn Ridge Retirement Village (Frawley Ranches, Inc.) - To allow for a retirement center development to occur on the land. LEGAL: The S½ of the SE¼ of Section 15 lying South of Miller Creek center line, East of Highway 85, and North and West of St. Onge Road, all in Township 6 North, Range 3 East, Black Hills Meridian, Lawrence County, South Dakota. LOCATION: South of I-90, East of Highway 85, and north of the St. Onge Road. PRESENT ZONE: A-1 - General Agriculture District. PROPOSED ZONE: SRD – Suburban Residential District. No input was received from the public. Moved-Seconded (Opitz-Mattson) to deny this request for a change of zoning because of the outcome of the recent election and a recommendation for denial from the Planning and Zoning Board. Motion carried. Seward absent.

1:00 PM: Moved-Seconded (Mattson-Opitz) to go into executive session to discuss contractual matters. Motion carried. Seward absent. 1:20 PM: The Board reopened for regular business.

PURCHASE AGREEMENT – DEADWOOD HIGHWAY SHOP: Moved-Seconded (Opitz-Weisenberg) to approve and authorize the Chair to sign the Purchase Agreement with the City of Deadwood for the Deadwood Highway Dept. Shop Building and property in front of the building across Whitewood Creek a/k/a Tract S of Block 1 Fairview Addition #1; and that portion of Lawrence County Courthouse Lot lying west of Canary Street as shown on Plat Document No. 94-4702, all located in the Original Townsite, City of Deadwood, in the SE ¼, Section 22 and the SW ¼ of Section 23, T5N, R3E, B.H.M., Lawrence County, South Dakota. Motion carried. Seward absent.

PRESS: Scott Randolph, Reporter from the Black Hills Pioneer, persistently questioned the Board’s policy of questions from him or the public during the meeting. Douglas explained that public input is received during public hearings or anyone can make an appointment with the Board. The Chair runs meetings and it is the Chair’s prerogative on how that meeting will be conducted. She reiterated that issues are taken on a case-by-case basis and the Board members can ask questions of the audience. Agendas are prepared almost a week in advance as a courtesy to the press. Changes to the agenda are bound to happen and are announced at meeting time.

BILLS: Moved-Seconded (Weisenberg-Douglas) To Approve Payment Of The Following Payroll And Authorize The Chairman To Approve The Vouchers Listed Below For Expenditures For Insurance, Professional Services, Publications, Rentals, Supplies, Repairs, Maintenance, Travel, Conference Fees, Utilities, Furniture And Equipment Drawn On The Proper Funds and Various Departments. Motion Carried. Seward absent. BILLS : Kosel,J-$9.36; Landeen,J-$32.40; Locken,W-$122.40; Mowell, Richard-$8,437.50; A&M Transport-$375.00; Abc Business Supply Corp-$19.28; Alpine Impressions Llc-$296.85; Amcon Distributing-$255.56; Bh Elevator Systems Inc-$402.04; Bh Fibercom-$1,544.26; Bh Power & Light-$523.55; Belle Fourche Daily Post Inc-$46.80; Best Business Prod Inc-$33.37; Best Western Ramkota Inn-$205.62; Burrly's Lube-$18.83; Business Aviation Inc-$89.10; Butler Machinery Co Inc-$19.31; Cardinal Printing-$107.97; Cellular One-$55.58; Christensen Law Office-$921.25; Conrad,T Electric-$325.00; Corral West-$80.85; Dakota Graphics-$400.00; Deadwood, City Of-$1,174.80; Dept Of Hlth Lab Services-$90.00; Dietrich,D-$105.32; Ekeren,M-$15.00; Fidler Funeral Chapel-$50.00; Fisher Sand & Gravel Inc-$5,860.76; Gene's Lock Shop Inc-$12.98; Guilbert,M-$28.00 ; Great Western Tire Inc-$19.20; Harmelink & Fox Law Off-$81.59; Havemeier,L-$132.00; Hicks,T-$49.74; Ikon Office Solutions Inc-$78.38; Jones,T-$38.00; Kadrmas, Lee And Jackson Inc-$7,624.28; Kimball-Midwest Co Inc-$167.28; Kinney & Koch Llp-$947.27; Koala Electric Inc-$977.89; Kooistra,N-$15.00; Lc Auditor-Petty Cash-$25.68; Lc Sheriff-$38.76; Lead-Deadwood Sanitary-$539.36; Martel Electronics Inc- $4,635.00; Matthew Bender & Co Inc-$158.22; Melstad,D-$175.00; Montana-Dakota Util Dwd- $9.51; Muth Electric Inc-$690.00; Nh General Hospital-$1,318.20; Neve's Uniforms Inc-$54.47; Pennington Co. Jail-$1,230.39; Pitney Bowes Inc-$107.70; Pizza Hut Inc-$73.58; Postmaster Deadwood-$204.00; Qwest-$44.15; Rc Medical Center-$137.00; Radio Shack-$50.98; Robinson-Ehert-$613.59; Ryken,R-$15.00; Sd Dept Of Legislative Audit-$7,195.67; Safety Benefits Inc-$200.00; Silverado Inc-$252.85; Snorteland,I-$303.24; Spearfish City Of-$25.00; Teen Court Inc-$19,407.56; Telcomco Communications-$95.60; Texaco Inc-$17.77; Tri State Commodities Inc-$2,257.20; Twin City Hardware & Lumber Inc-$271.23; United Parcel Service-$19.90; Varda-$357.51; West Group-$437.00; Western Communication Inc-$294.10; Yankton Co Sheriff-$16.50; Butte Electric Coop.Inc-$100.68; A&B Welding-$16.97; Witness & Jurors: Christopherson,L-$61.60; Gill,M-$59.86; Hartman,C-$60.44; Hill,S-$61.60; Jacobsen,W-$59.28; Katz,C-$51.74; Peterson,J-$60.44; Redinger,J-$58.12; Yanzick,D-$176.10;

ADJOURN: 1:30 p.m. - There being no further business it was Moved-Seconded (Opitz- Weisenberg) to adjourn. Motion Carried.

______DATE

______CONNIE H. DOUGLAS, Chairperson ATTEST:

______CONNIE ATKINSON, Auditor LAWRENCE COUNTY COMMISSIONERS MEETING OCTOBER 11, 2001

Chairperson Connie H. Douglas called the special meeting of the Lawrence County Commissioners to order at 12:00 Noon on October 11, 2001, in the Administrative Annex Building of the Lawrence County Courthouse located at 90 Sherman Street, Deadwood, SD with Commissioners Barbara A. Mattson, James J. Seward, Terry W. Weisenberg and George Opitz present. All motions were passed by unanimous vote unless stated otherwise.

WHITEWOOD VALLEY ROAD PROJECT: Two agreements were presented to the Board for approval. The first is an agreement with the State to joint fund the project using federal funds, state matching funds and county funds. The project entails inplace recycling, base course, and asphalt surfacing on County #6503 from SD 34 Junction at Whitewood northeast for 4.3 miles. The project will be constructed in 2002. The agreement has to be signed today so a November bid letting can be held. The second agreement is a bid letting authorization for this project. The total estimated cost of the project is $765,052.76. The agreement notes federal participation is 81.95% and state participation is 18.05%. Bonnie Wright from the Highway Department said county road and bridge reserve funds would only have to be used if bids go over the estimation. Moved-Seconded (Opitz-Seward) to approve the agreements and authorize the Chair to sign. Motion carried.

PERSONNEL: Emergency Management: Moved-Seconded (Seward-Weisenberg) to approve the hiring of Paul L. Thomson as Emergency Management Director at the yearly salary of $30,000 effective October 29, 2001 with an allowance of one week vacation during the first year. Motion carried.

Sheriff’s Office: Moved-Seconded (Opitz-Mattson) to approve the hiring of Rene’ Larson as a temporary full-time scanner at the rate of $8.50 per hour and Sherry Lechner as a part-time scanner at the rate of $8.50 per hour, both effective October 10, 2001. Both positions are temporary positions with no benefits. Motion carried.

NEUTRINO LAB: Commissioner Weisenberg suggested a letter be sent to Jack Thompson, Chief Executive Officer of Homestake Mining Company, supporting and encouraging Homestake’s support and cooperation with the neutrino lab. The Board agreed to send a letter.

There being no further business, it was Moved-Seconded (Opitz-Seward) to adjourn. Motion carried.

______DATE

______CONNIE H. DOUGLAS, CHAIR ATTEST:

______CONNIE ATKINSON, AUDITOR LAWRENCE COUNTY COMMISSIONERS MEETING – OCTOBER 23, 2001

Vice-Chairperson Barbara Mattson called the regular meeting of the Lawrence County Commissioners to order at 8:00 a.m. on October 23, 2001 in the Administrative Annex Building of the Lawrence County Courthouse located at 90 Sherman Street, Deadwood, SD with Commissioners James J. Seward, Terry Weisenberg, and George Opitz present. Connie H. Douglas was absent.

All motions were passed by unanimous vote unless stated otherwise.

MEETING DATE CHANGES: The Board set the meeting dates for November 6 & 20, 2001 and December 4, 18 & 31, 2001.

MINUTES: Moved-Seconded (Weisenberg-Mattson) to approve the minutes of October 2, 5 & 11, 2001. Motion Carried.

PERSONNEL: AUDITOR: Moved-Seconded (Seward-Mattson) to approve a step raise for Debbie Sargent as an Accounting Clerk step 3 to step 4 at the base rate of $8.88 an hour effective 10-1-2001. Motion Carried.

HIGHWAY: Moved-Seconded (Opitz-Seward) to authorize the advertising and hiring of a full- time signing person as a Light Equipment Operator at a rate of $12.48 an hour. Motion Carried.

TRAVEL REQUESTS: SHERIFF: Moved-Seconded (Seward-Weisenberg) to approve the travel request for Brian Dean and Paul Hanson to attend the SD LECC meeting and training in Sioux Falls, SD on November 13-15, 2001. Motion Carried.

EMERGENCY MANAGEMENT: Moved-Seconded (Opitz-Weisenberg) to approve the travel request for Ken Hawki and Paul Thompson to attend the Governor’s Meeting with all County Emergency Managers on October 22, 2001 in Pierre, SD. Motion Carried.

COUNTY COMMISSIONERS: Moved-Seconded (Seward-Opitz) to approve travel for the Commissioners to attend the SDCEDC Winter Conference in Pierre, SD on December 4-5, 2001. Motion Carried. Aye-3 Nay-Weisenberg.

CANNON RIVER INVESTMENT ABATEMENTS: Moved-Seconded (Opitz-Weisenberg) to approve the abatement for Cannon River Investments, Inc. for parcel#20000-00602-282-20 and parcel #20000-00602-294-10 because the subdivision was broken out and the main parcel was not deleted. Motion Carried.

2001 CHRISTMAS LUNCHEON: Moved-Seconded (Weisenberg-Seward) to close the Courthouse on December 4, 2001 from 11:30 a.m. to 1:30 p.m. to allow the employees to attend the Christmas Luncheon. Motion Carried.

LAWRENCE COUNTY REVOLVING LOAN FUND: Weisenberg presented the following breakdown of the Revolving Loan Fund approved loans. ROUND 1 BUSINESS/LOCATION LOAN AMT DATE CLOSED JOBS CREATED 1. Retail Business / Lead $17,000 3/1/1999 1.5 2. Printing Business / Lead $26,000 5/12/1999 2 3. Motel / Lead $30,000 6/3/1999 2.5 4. Lumber/Hardware/ Dwd $100,000 7/4/1999 10 5. Ski Resort expansion/Lead $150,000 9/16/1999 13.5 6. Welding Shop / Lead $29,000 10/1/1999 6 7. Dental Equipment/ Spearfish $150,000 2/1/2000 7.5 8. Restaurant / Spearfish $30,000 6/13/2000 25 9. Commercial Bldg/ Spearfish $63,000 12/22/2000 250 TOTAL $595,000 318

ROUND 2 BUSINESS/LOCATION LOAN AMT DATE CLOSED JOBS CREATED 10. Retail Business / Spearfish $150,000 8/15/2001 5 11. Manufacturing / Spearfish $150,000 pending 12 12. Dentist / Lead $150,000 pending 1 13. Service / Lead $45,000 pending 1 TOTAL $495,000 19 CUMULATIVE TOTAL $1,090,000 337

LEAD LOANS = 7 $447,000 37.5 DEADWOOD LOANS = 1 $100,000 10 SPEARFISH LOANS = 5 $543,000 289.5

Moved-Seconded (Seward-Weisenberg) to release the statistics to the public, press and Mayors. Motion Carried.

WELLMARK FLEXIBLE BENEFITS PLAN: Moved-Seconded (Seward-Mattson) to approve and authorize the Chairman to sign the Flexible Benefits Plan with Wellmark for the year 2002. Motion Carried.

2001 NURSE CONTRACT: Moved-Seconded (Opitz-Seward) to approve and authorize the Chairman to sign the 2002 nurses contract with the S.D. Department of Health for $17,740 a year. Motion Carried.

USGS FUNDING AGREEMENT: Moved-Seconded (Opitz-Seward) to authorize the Vice- Chair to sign the agreement with U.S. Geological Survey Joint Funding Agreement SD02-00400 between the U.S. Geological Survey (USGS) and Lawrence County. The agreement specifies funding of $25,000.00 for a study of bedrock aquifers in Lawrence County with emphasis on the Spearfish Area. Motion Carried.

AUDITOR’S ACCOUNT WITH TREASURER REPORT: Moved-Seconded (Weisenberg- Mattson) to accept the following report as read by the Auditor. Motion Carried. Auditor's Account with the County Treasurer: The Auditor's Account with the County Treasurer as of September 30, 2001 showed the following: Total amount of deposits in banks-$8,762,154.18; Total amount of actual cash-$1,000.00; Total amount of Checks and drafts in Treasurer's possession not exceeding three days check deposit in transit)-$59,860.15; Total amount of cash in transit in Treasurer's possession (cash deposit in transit)-$3,114.26; Petty Cash-$1,585.00; Total-$8,827,713.59. (NOTE: petty cash includes: Sheriff-$1,000; Reg.of Deeds-$275; Auditor- $100; Hwy & Planning & Zoning-$50; Equalization-$35.; Public Defender, Gen.Govt.Bldgs and Extension-$25). Total amount of deposits in bank include: CD's-$5,500,000.00; Bank Balance- $2,357,168.50; GNAM's-$154,985.68; and Money Market $750,000.

RESOLUTION #01-34 TO ADOPT A SUPPLEMENTAL BUDGET: Moved-Seconded (Opitz-Weisenberg) to approve the following Resolution #01-34 to adopt a Supplemental Budget. Motion Carried. WHEREAS, the County Budget for Lawrence County, South Dakota, for the fiscal year 2001, failed to provide sufficient revenue to enable the County to conduct the indispensable functions of Government, and WHEREAS, the Board of County Commissioners of said County deems it necessary to make a Supplementary Budget, providing for appropriation in the amounts set out below. NOW, THEREFORE, be it RESOLVED THAT SAID BOARD, make, approve and adopt a Supplemental Budget for Lawrence County, South Dakota, for the year 2001, and that in said budget there will be and is hereby appropriated the following sum of money, to-wit: GENERAL FUND: Juvenile Detention Center- $30,000; Public Defenders Office - $20,438 (Professional Services-$12,673; Supplies-$1,944; In State Travel-$4,616; Equipment- $1,205); Nurses – SD Dept of Health - $2,000. The funds for the above amounts are to be provided from unappropriated cash balances and estimated revenue in the designated Fund. Be it further RESOLVED that a hearing was held on the 23 rd day of October, 2001 at the hour of 8:45 o'clock, a.m. in the Commissioners' Room in the Administrative Office Building at 90 Sherman Street, Deadwood, Lawrence County, South Dakota, and that said Notice of Hearing was posted according to law, SDCL 7-21-22. IN WITNESS WHEREOF, we have hereunto set our hands and official seal of Lawrence County, this 23 rd day of October, 2001. LAWRENCE COUNTY COMMISSIONERS: Barbara Mattson, Vice-Chairperson, James J. Seward, Terry Weisenberg, George Opitz, ATTEST: Connie Atkinson, Auditor.

WHITEWOOD RURAL FIRE PROTECTION DISTRICT: The Board reviewed the Petitions for the Whitewood Rural Fire Protection District. The required number of signatures needed were included in the petition and the City of Whitewood Resolution of Intent was also received. Moved-Seconded (Seward-Weisenberg) to set November 6 th , 2001 at 9:30 a.m. for a public hearing. Motion Carried.

WESTFIELD ROAD DISTRICT: Moved-Seconded (Seward-Weisenberg) to canvass the results of the Westfield Road District Election as follows: 27 for incorporation of Westfield Road District and 14 against incorporation of Westfield Road District. Motion Carried.

Moved-Seconded (Opitz-Weisenberg) to approve and authorize the Chairman to sign the following Order Declaring Westfield Road District Incorporated. Motion Carried. ORDER DECLARING WESTFIELD ROAD DISTRICTINCORPORATED: WHEREAS, an election was held among the landowners of Westfield Road District to determine whether or not a County Road District should be incorporated. WHEREAS, this vote was held on October 22, 2001. WHEREAS, the vote has been cast and canvassed and a verified statement from the judges of the election has been received showing the whole number of ballots cast was 41 (forty- seven), together with the number of 27 (twenty-seven) voting for and the number of 14 (fourteen) voting against incorporation; WHEREAS, the Board of County Commissioners are satisfied with the legality of such election. WHEREAS, it appearing that a majority of the voters at the election have voted in favor of incorporation of such territory. NOW THEREFORE BE IT ORDAINED by the Lawrence County Board of Commissioners that the Westfield Road District is hereby incorporated pursuant to SDCL 31-12A-11. DATED this 23 rd day of October, 2001. BARBARA MATTSON, Vice-Chair Lawrence County Commission. ATTEST: CONNIE ATKINSON, Auditor.

WOODLANDS OF SPEARFISH ROAD DISTRICT: Moved-Seconded (Seward- Weisenberg) to approve and authorize the Chairman to sign the following Order Declaring Woodlands of Spearfish Road District Incorporated. Motion Carried.

ORDER DECLARING WOODLANDS OF SPEARFISH ROAD DISTRICT INCORPORATED: WHEREAS, A Petition and Application For Incorporation having been filed with the Lawrence County Board of Commissioners asking that a road district be organized to function in the territory described in the Petition and it appearing to the satisfaction of the Lawrence County Board of County Commissioners that the requirements of SDCL Chapter 31- 12A have been fully complied with; WHEREAS, SDCL 31-12A-1.1 allows three or fewer landowners to form a road district. WHEREAS, Boke Ranch, Inc. is the only landowner of the subdivided land to be included in the Road District. WHEREAS, IT IS HEREBY DECLARED that the territory proposed to be organized as a county road district to-wit: Tract A, all located in the SW1/4 and the S1/2NW1/4, Section 12, Township 6 North, Range 2 East, B.H.M., Lawrence County South Dakota, as shown on plat filed on October 2, 2001, Doc#2001-5062, as filed in the Office of the Lawrence County Register of Deeds. NOW THEREFORE BE IT ORDAINED by the Lawrence County Board of Commissioners that the Woodlands of Spearfish Road District is hereby incorporated pursuant to SDCL 31-12A-11. DATED this 23 rd day of October, 2001. BARBARA MATTSON, Vice-Chair Lawrence County Commission. ATTEST: CONNIE ATKINSON, Auditor.

2002 LIQUOR LICENSES: Moved-Seconded (Seward-Weisenberg) to set a public hearing for December 4, 2001 at 9:30 a.m. for the 2002 Liquor License Renewals. Motion Carried.

VOLUNTEER FIRE DEPARTMENT MEMBERS: Moved-Seconded (Weisenberg-Seward) to approve Laura Smith as a Volunteer Fire Fighter for insurance purposes. Motion Carried.

NURSE QUARTERLY REPORT: Denise Rosenberger, Public Health Nurse, presented the quarterly report, reporting on Family Planning, WIC, MCH, and General office business. Rosenberger stated they recently had a family planning site review by the program director in August. Out of 358 points available, they received 335 points which was an excellent score. WIC caseload in Deadwood-143 and Spearfish-325. MCH caseload in Deadwood ranges from 5-6 and Spearfish 20 to 25 clients.

HIGHWAY BUSINESS HIGHWAY SHOP / SLIME PLANT BUILDING: Chuck Williams stated they received two quotes for the Environmental Assessment to be completed on the Highway Shop. They received a quote from American Technical Services for $16,306 and Johnson Environmental Concepts for $24,910. John Mattson stated the City of Deadwood approved the proposal from American Technical Services contingent upon the County Approval and setting a maximum of $20,000. This is a shared expense between the City of Deadwood and Lawrence County. Moved- Seconded (Weisenberg-Opitz) to accept the proposal from American Technical Services, Inc. with the following conditions: maximum of $20,000, to be completed by 12-1-2001, and an itemized breakdown of any additional costs above the quote of $16,306. Motion Carried.

BLACK HILLS POWER LIGHT RIGHT OF WAY PERMITS: Moved-Seconded (Opitz- Seward) to approve the Application for Permit to Occupy County Highway Right-of-Way for Black Hills Power and Light on County Highway #105 at 19448 Old Belle Fourche Highway to the new house located across Co. Hwy #105. Motion Carried.

Moved-Seconded (Weisenberg-Seward) to approve the Application for Permit to Occupy County Highway Right-of-Way for Black Hills Power and Light on the Nemo Road, at Cloverleaf Subdivision, to serve the Cloverleaf Subdivision. Motion Carried.

STRAWBERRY HILL ROAD PROJECT: Chuck Williams updated the Board on the Strawberry Hill Road Project and reviewed the proposed Agreement for Use and Restoration of Detour that described the responsibilities of the SDDOT and Lawrence County for County roads during the project. The scheduled road closures are for 2002 and 2003. In 2002 the road will be closed for approximately three months form mid August to early November, located from ¼ mile north of Galena Road to Gilt Edge Road. In 2003 the road will be closed for approximately three months form early April to mid June, located from top of Strawberry Hill to South end of Pluma.

Williams reviewed the maintenance responsibilities for the DOT and Lawrence County. Opitz asked Williams if the State could be responsible to repair the Gilt Edge Road to County Specs after the project is completed. Williams stated he will negotiate the request with the DOT. Weisenberg thanked Williams for his work on the project and for attending all the public hearings on the issue.

JACK COLE / FOREST SERVICE & PRIVATE LANDS: Jack Cole presented the Board with a prepared Statement on “Comments on removal of private lands from the tax rolls by transfer to the United States Forest Service”. Cole stated the Forest Service needs to take better care of the land they already own before taking on any more responsibilities. Cole stated the National Forest Protection Alliance of Washington DC has recently named the B.H. National Forest as the 3 rd most endangered forest in the United States because of its past faulty management practices. Cole spoke of the effects of taking private lands off of the tax roles and tax payers picking up the lost taxes. Cole stated Lawrence County taxes and the total public debt are already the highest per capita of any major county in SD. The Board questioned Cole on his facts and asked for proof and documentation.

SPRUCE UP SOUTH DAKOTA: Ellen Killey was present to discuss the Spruce up South Dakota Program. Killey stated they are now in phase 2 of the program which includes white goods, and dilapidated buildings. Killey commended Roger Marshall for his dedication to the program and commended the progress made in Lawrence County. Representatives from Spearfish and Lead were present to discuss concerns and problems they were having. Concerns on the need to have white goods picked up this year were discussed. Killey promised they will have someone pick up the white goods within five weeks. Discussion followed on the removal of buildings and the issue of the historical sites in the City of Lead.

E911 SIGNING BID OPENING: The following bids were received for the E911 Signing project. Expenses will be shared 50/50 with the City of Spearfish for this project.

SIGNS: Lyle Signs was the only bidder on signs for E911 with a bid of $35,899.50. HARDWARE: 3D was the only bidder on hardware of the E911 signs with a bid of $26,802.70 INSTALLATION: Sign-Up bid on installation of the E911 signs with a bid of $29,336.00 and Highway Technologies bid the amount of $72,010.00.

Moved-Seconded (Opitz-Mattson) to accept the following bids: SIGNS: Lyle Signs - $35,899.50; HARDWARE: 3D - $26,802.70; and INSTALLATION: Sign-Up - $29,336.00. Motion Carried. Aye-3, Nay-Weisenberg. Absent-Douglas. Weisenberg stated he voted no because the routing software in the future would eliminate the need for signs. Sandvick stated they would still need signs to be able to give the correct directions to the emergency service responders.

Bill Trent was present and expressed concerns with a 911 call that was made previously in the year. Trent stated the phone rang three times and an E911 operator never answered the phone. Sandvick stated this call would have went to the Spearfish Law Enforcement Office so he was not aware of the event but stated sometimes it takes a while before the call is routed through the phone company to the actual agency and also the dispatcher may already have been on the line and needed to excuse themselves to answer the 911 call. Weisenberg asked Sandvick to check into the issue.

FOREST SERVICE ISSUES: Craig Lundorff, US Forest Service, was present to ask the Board for a letter of support for land acquisition. Homestake is the major land holder of the properties involved and the remaining parcel is Evans. Lundorff stated these lands have been idle for over a 100 years and these lands are surrounded by National Forest Lands. Lundorff stated if these lands are sold to private individuals they will probably be developed. Lundorff stated snowmobile trails are located on these lands and the trails would then have to be relocated or closed. Lundorff stated they are trying to eliminate additional urban interface issues these lands would cause if sold to the public. Discussion followed on water issues, access to public lands, management concerns and loss of tax base. Weisenberg, Opitz and Lundorff will meet on this issue to address the concerns and report back to the Board.

PETITION FOR VACATION OF A RIGHT OF WAY FROM A PLAT / SELWAY HOMEOWNERS: Alfred Satterlee presented a petition on behalf of the Selway Homeowners Association for the Vacation of a Right of Way from a Plat. Moved-Seconded (Opitz-Seward) to set a public hearing for November 20, 2001 at 11:00 a.m..

GINGER PENDO / SUE HOLLOWAY / PENDO ROAD CONCERNS: Ginger Pendo and Sue Holloway were present to express concerns about the impacts on the Pendo Road due to the development of the Cenntennial Vista Estates. Holloway stated this is a secondary road and the residents have paid for the improvements to the road over the last few years. Holloway stated there is a potential of 29 additional homes using the Pendo Road and also the increased traffic due to construction. Pendo and Holloway asked what the remedy is to help hold the road in the future and who would pay for the improvements. Seward, Opitz and Chuck Williams will check into the issue further and will keep in contact with Holloway and Pendo.

SPEARFISH ANNEXATION: Ginger Pendo and Sue Holloway expressed concerns against the City of Spearfish annexation issue. They expressed their desire to preserve Exit 17 because of its beauty and discussed concerns on the traffic noise the additional development would create.

BILLS: Moved-Seconded (Weisenberg-Opitz) To Approve Payment Of The Following Payroll And Authorize The Chairman To Approve The Vouchers Listed Below For Expenditures For Insurance, Professional Services, Publications, Rentals, Supplies, Repairs, Maintenance, Travel, Conference Fees, Utilities, Furniture And Equipment Drawn On The Proper Funds and Various Departments. Motion Carried. Payroll: Comm-$6,064.08; Aud-$8,670.28; Treas-$13,065.04; Comp-$8,283.96; States Atty- 17,742.98; Pub Def-$10,553.58; Gen Govt Bldg-$10,709.10; Equal-$16,234.80; Deeds- $9,895.51; Vso-$1,341.76; Dispatch-$16,489.70; Sher-$43,662.93; Jail-$27,393.37; Emerg Mgnt-$4,464.34; E911-$2,098.32; Highway-$51,605.04; Exten-$1,997.52; Soil-$1,290.63; Weed-$3,164.59; Pz-$4,535.62; Bills: Kosel,J-$298.80, Landeen,J-$269.36; Muchow,H- $149.40; Narem,S-$33.00; Struble,L-$11.00; Weisenberg,T-$363.60; A&J Supply-$42.63; Aaa

Mighty Clean-$35.00; Abc Business Supply Corp-$2,271.31; Altaire Enterprises Inc-$60.00; Amcon Distributing-$313.10; American Family Life Inc-$1,170.38; American Tech Serv Inc- $1,689.00; Amoco Oil Co-$424.70; Apco Institute Inc-$60.00; At&T-$59.25; Bh Chemical Company Inc-$961.24; Bh Collection Service Inc-$50.00; Bh Federal Credit Union-$13,571.58; Bh Medical Center-$968.80; Bh Painting Inc-$41.18; Bh Pest Control-$95.00; Bh Pioneer Inc- $1,066.08; Bh Power & Light Rapid-$6,009.69; Bh Truck And Trailer Inc-$151.84; Bickle's Truck & Diesel-$97.26; Binder,T-$1,647.00; Blackinton J G Phd-$35.00; Blue Cross- $29,578.12; Buckstop Express Mart Inc-$107.64; Bullock Hotel Inc-$109.19; Business Research Bureau-$19,755.00; Butler Machinery Co Inc-$303.32; Butte Electric Coop Inc-$150.05; Cardinal Printing-$779.22; Cdw Government Inc-$389.00; Cellmark Diagnostics Inc-$845.00; Central Parts-$714.97; Chain Saw Center-$1,096.40; City/County Alcohol &Drug-$4,190.00; Clinical Lab Of Bh Inc-$1,205.59; Computer Doctor Of Spearfish-$89.94; Conoco-$585.27; Corral West-$26.95; Credit Collections Bureau-$60.00; Culligan Soft Water Serv Inc-$151.50; Dakota Gold Realty-$415.00; Dakota Graphics-$40.00; Dakota Laser Tech-$192.25; Deadwood Gulch Resort Inc-$74.75; Deadwood Lumber Company Llc-$27.90; Deadwood Recreation Center-$85.00; Deadwood Supply Inc-$73.63; Deadwood City Of-$43.10; Deckers Food Inc- $54.40; Deptof The Treasury-$63,190.05; Derosier,L-$13.68; Detector Dog Int Inc-$2,178.19; Diamond Mowers Inc-$157.78; Domestic Crisis Outreach-$1,001.25; Douglas County Clerk Of Crts-$5.25; Doyle & Kennedy-$80.40; Executone Of The Bh Inc-$454.00; Expanets-$29.70; Experian Inc-$184.95; Extension Service #376287-$621.72; Family Thrift Center Inc-$4.83; Fast Break Screen Printing-$35.00; Fisher Sand & Gravel Inc-$6,111.17; Fox Steven W Dmd- $107.69; Fox Youngberg & Lewno Pc-$159.62; Frame Garage-$94.46; Frederickson John R Inc- $594.95; Fuller Tellinghuisen Gordon-$3,247.59; Glenney,T-$175.00; Global Computer Supply Inc-$251.94; Godfrey's Brake Serv Inc-$1,033.44; Golden West Teltech Inc-$37.50; Great Western Tire Inc-$1,073.26; Haivala Law Firm-$566.67; Hills Material Comp Inc-$114,861.94; Holiday Inn Spearfish-$76.04; Ibm Corp Sqh-$334.40; Ikon Office Solutions Inc-$207.10; Infosynthesis Inc-$144.00; Insight-$524.99; Jd Evans Equipment Co Inc-$144.75; Johnson Ford Inc-$149.21; Kmart 3893-$79.74; Kadrmas Lee And Jackson Inc-$4,379.20-Kar Products Inc- $334.70; Karpinen,S-$245.00; Ken's Camper Sales-$13.99; Knecht True Value Inc-$1.50; Lc Public Health-$2,208.00; Lc Sheriff-$14.00; Lawson Products Inc-$172.38; Lee,J-$15.00; Leir,R-$500.00; Lewis & Clark Bhs-$250.00; Light & Siren-$333.98; Maintenance Usa- $127.26; Manlove Psychiatric Group-$226.50; Matthew Bender & Co Inc-$249.03; Medicine Shoppe, The Inc-$333.80; Meyer Motor Llc-$170.00; Micks Scuba Center-$3,412.00; Montana- Dakota Util-$1,251.02; Morman Law Firm-$229.59; Nh Community Development Inc- $18,000.00; Nh Family Ymca-$462.00; Nh General Hospital-$240.00; Nat'l Assoc Of Counties- $395.00; National Academy Of Emd-$45.00; Neighbors,J-$190.00; Neve's Uniforms Inc- $149.65; Niesent,L-$105.00; Northern Exposure-$180.14; Office Of Child Support-$569.00; Pennington Co Auditor-$122.00; Pennington Co Jail-$1,877.46; Pennington County Sts Attny- $600.00; Peterson,Joe B Cpa Pc-$87.50; Porter Law Office Pc-$485.75; Queen City Medical Center-$50.00; Queen City Rocket Lube-$94.01; Qwest-$1,375.78; Rc City Of-$550.00; Rc Finance Office-$420.00; Rc Regional Hospital Inc-$197.00; Radio Shack/Kazco Inc-$177.50; Rand's Photo-$156.25; Rapid Delivery Inc-$8.75; Reliable Inc-$280.90; Reindl,S-$737.80; Ryken,R-$126.00; Sd Assn Of Co Comm-$2,898.22; Sd Retirement System-$26,747.13; Sd State Treasurer-$1,822.29; Sd Supplemental Retirement-$1,749.00; Salzsieder,M-$3,435.00; Sanitation Products Inc-$27,241.10; Sanito Oil Inc-$10,747.13; Savoy Vol Fire Dept-$238.00; Schmit,A-$175.00; Schultz,T-$26.96; Servall Towel & Linen Inc-$434.50; Spearfish Auto Supply Inc-$191.27; Spearfish Surgery Center-$50.00; Stan's Propane Service-$135.56; State Dept Of Health-$33.00; State Disbursement Unit/169763-$120.00; Stephens, Walter F Jr Inc- $398.16; Telcomco Communications-$878.00; Texaco Inc-$91.11; Toner Cartrigde Depot- $406.33; Tri State Commodities Inc-$2,422.29; Tridle,J-$100.00; Triple K Tire & Repair- $1,189.00; Usd School Of Law Foundation-$30.00; United Parcel Service-$40.63; Verizon Wireless Inc-$124.76; Victims Of Violence-$1,001.25; Warne Chemical Inc-$822.25; Waste Connections Inc-$322.32; Wells Plumbing & Farm Supp Inc-$164.02; Weese,S-$1,275.22; West Group-$1,695.00; West River International Inc-$76,231.17; Western Communication Inc- $113.85; Western Sd Juvenile Serv-$5,854.68; Worldcomm Mci Inc-$597.76; Wyoming Child Support Coll-$380.00; Xerox Corporation-$138.00; Yankton Medical Clinic Pc-$166.23; Yankton Radiology Llp-$12.00; Young's Hardware Hank-$11.23; Witness & Juror Fees: Lloyd,L-$15.80; Shanteau,S-$21.74; Meadows,S-$57.40; Dvorak,J-$29.28; Kahl,T-$28.70; Christopherson,L-$61.60; Foster,W-$57.54; Gill,M-$59.86; Hartman,C-$60.44; Hatheway,A- $58.70; Hill,S-$61.60; Holso,C-$51.74; Jacobsen, W-$59.28; Jensen,M-$58.12; Katz,C-$51.74;

Leiker,L-$110.00; Magnusson,J-$56.96; Reagle,C-$58.70; Redinger,J-$58.12; Ulvestad,L- $50.58; West,C-$59.86; Yanzick,D-$58.70; Harmon,R-$29.28; Harwood,R-$20.58; Lawson,C- $21.74; Mcnulty,T-$20.58; Surdez,A-$29.28; Ahl,J-$21.60; Baker,L-$58.70; Barnette,K-$19.86; Bulat,J-$18.70; Carrillo,B-$59.86; Coffield,M-$18.70; Dejong,M-$18.70; Doyen,D-$57.54; Enderby,W-$18.70; Freidel,M-$24.50; Fuller,B-$51.74; Gray,J-$12.90; Haataja,D-$58.70; Huber,M-$61.60; Jacobsen,S-$61.60; Kitzmiller,M-$21.60; Kramer,M-$18.70; Kruszynski,M- $64.50; Nelson,D-$25.66; Oleson,B-$16.96; Ragels,K-$57.54; Renner,J-$20.44; Rosencranz,L- $21.60; Rowland,R-$56.96; Sweaney,J-$58.12; Swisher,M-$64.50; Vavruska,K-$18.70; Wagner,C-$11.74; Becker,M-$21.74; Golliher,L-$29.86; Goodrich,K-$20.00; Harris,T-$20.58; Harwood,B-$20.58; Kopel,J-$29.28; Lee,P-$29.86; Leonard,A-$28.70; Niel,H-$21.74; Nunez,S- $29.86; Schnabel,K-$21.74; Seaman,D-$26.38; Smith,B-$37.40; Smith,R-$37.40; Stetter,D- $20.58; Stetter,Y-$20.58; Trentz,S-$21.74; Winsell,D-$26.96; Balo,M-$24.50; Barnes,R-$58.70; Bates,L-$18.12; Brink,H-$13.48; Buxton,M-$61.60; Croft,J-$16.96; Fallon,W-$20.44; Fortier,M-$15.80; Fredrickson,N-$50.58; Geller,M-$10.58; Gould,A-$58.12; Harn,P-$21.60; Heckenlaible,A-$18.70; Hemmingson,T-$21.60; Holzer,D-$17.54; Keehn,R-$10.58; Kelly,B- $58.70; King,V-$21.60; Koehler,P-$61.60; Lee,G-$18.12; Meehan,W-$52.32; Milano,F-$21.60; Miller,E-$10.58; Milos,L-$10.58; Newcomer,J-$59.28; Peppmeier,J-$11.74; Skvicalo,J-$14.64; St James,C-$58.70; Steele,J-$59.86; Tetrault,S-$20.44; Tinnell,C-$11.74; Tinnell,J-$55.80; Vansco,J-$18.70; Wendt,T-$22.76; Williamson,L-$184.80

ADJOURN: 12:45 p.m. - There being no further business it was Moved-Seconded (Weisenberg-Mattson) to adjourn. Motion Carried.

______DATE

______CONNIE H. DOUGLAS, Chairperson ATTEST: ______CONNIE ATKINSON, Auditor

LAWRENCE COUNTY COMMISSIONERS MEETING – NOVEMBER 6, 2001

Chairperson Connie H. Douglas called the regular meeting of the Lawrence County Commissioners to order at 8:00 a.m. on November 6, 2001 in the Administrative Annex Building of the Lawrence County Courthouse located at 90 Sherman Street, Deadwood, SD with Commissioners James J. Seward, Terry Weisenberg, Barbara Mattson and George Opitz present.

All motions were passed by unanimous vote unless stated otherwise.

MINUTES: Moved-Seconded (Weisenberg-Opitz) to approve the minutes of October 23, 2001. Motion Carried.

PERSONNEL: SHERIFF: Moved-Seconded (Opitz-Seward) to approve Peggy Lea Whitney as a transport/guard at the rate of $8.66 an hour, effective 10-15-2001. Motion Carried.

Moved-Seconded (Opitz-Douglas) to approve Brian Klein as a Dispatcher II at the base rate of $10.60 an hour effective 11-06-2001. Motion Carried.

TRAVEL REQUESTS: AUDITOR: Moved-Seconded (Mattson-Douglas) to approve the travel request for Connie Atkinson, Brenda McGruder, Melody Nelson and Debbie Sargent to attend the Election Workshop in Pierre, SD on November 28-29, 2001. Motion Carried.

COMMISSIONERS CORRESPONDENCE: The Board will send a letter to President Bush expressing the Boards support for the Presidents actions and decisions in these challenging times.

AUDITOR’S ACCOUNT WITH TREASURER REPORT: Moved-Seconded (Weisenberg- Mattson) to accept the following report as read by the Auditor. Motion Carried. Auditor's Account with the County Treasurer: The Auditor's Account with the County Treasurer as of October 31, 2001 showed the following: Total amount of deposits in banks-$13,748,920.57; Total amount of actual cash-$1,000.00; Total amount of Checks and drafts in Treasurer's possession not exceeding three days check deposit in transit)-$899,761.27; Total amount of cash in transit in Treasurer's possession (cash deposit in transit)-$6,594.96; Petty Cash-$1,585.00; Total-$14,657,861.80. (NOTE: petty cash includes: Sheriff-$1,000; Reg.of Deeds-$275; Auditor- $100; Hwy & Planning & Zoning-$50; Equalization-$35.; Public Defender, Gen.Govt.Bldgs and Extension-$25). Total amount of deposits in bank include: CD's-$5,500,000.00; Bank Balance- $7,344,378.61; GNAM's-$154,541.96; and Money Market $750,000.

PINE BARK BEETLE EPIDEMIC: Moved-Seconded (Seward-Opitz) to approve and authorize the Chairperson to sign the joint letter with Meade County, to the Members of SD Congressional Delegation, in reference to the Pine Bark Beetle Epidemic. Motion Carried. The letter asked them to act quickly to mitigate the catastrophic potential of the situation.

FOREST SERVICE ISSUES: George Opitz and Terry Weisenberg reported back to the Board on Craig Lundorff’s, US Forest Service, request for support for land acquisition. The Board discussed the issue and decided to write a letter to Lundorff stating the County is not in any position to make a decision at this time.

RESOLUTION #01-35 TO ESTABLISH CONSOLIDATED BOARD OF EQUALIZATION: Moved-Seconded (Opitz-Seward) to approve the following Resolution #01-35 to Establish a Consolidated Board of Equalization. Motion Carried. BE IT RESOLVED the Lawrence County Commission, Deadwood, South Dakota that a consolidated Board of Equalization as authorized by SDCL 10-11-66 shall be established pursuant to the Resolution of the Governing Boards of Lawrence County, City of Lead, City of Deadwood, City of Central City, City of Spearfish, Lead/Deadwood School District and Spearfish School District. The consolidated Board of Equalization as created by this Resolution shall be authorized to exercise all powers contained in SDCL 10-11. BE IT FURTHER RESOLVED that three members from the Lawrence County Commission and one member of the City Commission and one member of the School District shall constitute a consolidated Board of Equalization as provided by SDCL 10-11-66. BE IT FURTHER RESOLVED that the Lawrence County Commission, City of Lead, City of Deadwood, City of Central City, City of Spearfish, Lead/Deadwood School District and Spearfish School District shall be responsible for the per diem, salary and mileage costs of the respective members that serve on the consolidated Board of Equalization. Lawrence County Commission shall be responsible for the ordinary and customary expenses associated with the equalization of property including appeals to the State Board of Equalization. The financial responsibilities contained in this resolution shall remain unless either the Lawrence County Commission, City of Lead, City of Deadwood, City of Central City, City of Spearfish, Lead/Deadwood School District or Spearfish School District shall request that they be modified prior to December 1st of each year. THIS RESOLUTION shall be binding upon Lawrence County Commission, Deadwood, South Dakota upon each governing body adopting this Resolution according to law. Dated this 6th day of November, 2001. LAWRENCE COUNTY COMMISSIONERS: Connie H. Douglas, Chairperson, Barbara Mattson, James J. Seward, Terry Weisenberg, George Opitz, ATTEST: Connie Atkinson, Auditor.

AIRPORT SUPPLEMENTAL BUDGET HEARING: Moved-Seconded (Weisenberg- Seward) to set November 20, 2001 at 8:45 a.m. as the time for a supplemental budget hearing for the Airport Capitol Improvements project for $150,000. Motion Carried.

HIGHWAY BUSINESS: HIGHWAY 385 CONSTRUCTION AGREEMENT: Moved-Seconded (Weisenberg- Seward) to approve and authorize the Chairperson to sign the Agreement P-BRF 0385(14)115, PCEMS 0566 – US 385 from Pluma Southerly (Strawberry Hill) and US 385/85 Intersection with the SDDOT. Motion Carried.

WHITEWOOD SERVICE DRIVE: Moved-Seconded (Weisenberg-Seward) to approve the contract services with NJS Engineering for the Whitewood Service Drive Project. Motion Carried.

ABATEMENTS: UNITED STATES OF AMERICA: Moved-Seconded (Opitz-Mattson) to approve the abatement for parcel #07000-00302-280-10 because it is a Governmental Agency. Motion Carried.

STATE OF SOUTH DAKOTA: Moved-Seconded (Seward-Opitz) to approve the abatement for parcel #14000-00404-180-38 and #26300-00758-000-72 because they are a Governmental Agency. These are Highway Right Of Ways obtained by the State. Motion Carried.

WHITEWOOD FIRE PROTECTION DISTRICT: The Board held a public hearing on the Petition for Establishment of Whitewood Rural Fire Protection District. Rich Heinrich stated the Board needed funds to operate the Fire Department. Heinrich stated they did not have funds available to purchase needed equipment and currently when they lease purchase the members have to sign personal notes. If a district is formed they will be able to lease purchase because they will be a taxing entity.

Moved-Seconded (Weisenberg-Seward) to approve the following Order Of Initiation Of Organization Of Whitewood Rural Fire Protection District. Motion Carried. ORDER OF INITIATION OF ORGANIZATION OF WHITEWOOD RURAL FIRE PROTECTION DISTRICT: WHEREAS, SDCL 34-11A allows for the organization and incorporation of rural fire protection district; and WHEREAS, a Public Hearing has been held at which the determination was made by the Lawrence County Board of County Commissioners; wherein the area lies, that the proposed district does indeed meet the general fire protection policy of each county; and WHEREAS, at said Hearing, the boundaries of the proposed Whitewood Rural Fire Protection District were defined and agreed upon by those Commissioners present; WHEREAS, the boundaries of the proposed Whitewood Rural Fire District are defined as: LAWRENCE COUNTY: Sections 1, 2, 3, 10, 11, 12, 13, 14, 15, 21, 22, 23, 24, 25, 26, 27, 28, 33, 34, 35, 36, in Township 7 North, Range 4 East of the B.H.M.; Sections 1 through 36, inclusive, in Township 6 North, Range 4 East of the B.H.M., including the municipality of Whitewood, South Dakota; Sections 1, 12, 13, 24, 25 and 36 in Township 6 North, Range 3 East of the B.H.M.; and Section 2, 3, and 4 in Township 5 North, Range 4 East of the B.H.M., all in Lawrence County South Dakota. NOW, THEREFORE, BE IT ORDERED, that an election will be held at which the question of the organization of the Whitewood Rural Fire Protection District shall be determined by majority vote of those qualified electors of the proposed district who present themselves for that purpose. BE IT FURTHER ORDERED that should the majority of the electors present determine for the organization of the district, an election of the Board of Directors shall be held immediately. Dated this 6 th day of November, 2001. LAWRENCE COUNTY COMMISSIONERS: Connie H. Douglas, Chairperson, Barbara Mattson, James J. Seward, Terry Weisenberg, George Opitz, ATTEST: Connie Atkinson, Auditor.

CONDITIONAL USE PERMIT #277 / GARY & JANICE KABERNA: A public hearing was held on a request for Conditional Use Permit #277 for Gary & Janice Kaberna. Legal: Lot A of CRM Ex. Tract 1 (10.01 ac.) and Lot 2 in Section 27, T3N, R5E, B.H.M., located approximately ½ mile south of Nemo. Present Zone PF-Park Forest District. Reason for Request: To allow for a campground. Gary and Janice Kaberna were present and reviewed background information on the HOM (Hideaway of the Mountains) horse camp. Ken Fish, Margie Ford, Bonnie Atkinson, Ron Hofer, Jodi Troxell and Ron Rust were present to express support for the CUP. The public hearing was closed. The Board discussed the proposed conditions to the CUP. Moved-Seconded (Seward-Mattson) to approve the CUP #277 for Gary & Janice Kaberna to allow for a campground, with the proposed conditions, exempting conditions 7, 9, & 13. Aye – Seward & Weisenberg. Nay-Douglas, Mattson & Opitz. Motion Failed.

Moved-Seconded (Opitz-Seward) to approve the CUP #277 for Gary & Janice Kaberna to allow for a campground, with the proposed conditions, exempting conditions 13. Motion Carried. Condition 13) stated: Water Quality testing shall be conducted by the US Forest Service and found to be safe for Public Consumption. The Board felt the Kaberna’s did not have control over the testing by the Forest Service.

Conditions to Conditional Use Permit #277 as approved: 1. The owners/operators shall comply with all applicable County, State, and Federal regulations regarding campground operations. 2. The owners/operators shall be required to obtain a South Dakota Sales Tax license. 3. The campground shall be open from May to the end of October. 4. The campground office shall normally be closed at 10:00 p.m. except for emergencies. 5. The accommodations of the campground shall be for forty (40) tent campsites and sixteen (16) travel trailer sites for a maximum of 150 guests per night. 6. Each campsite shall only be allowed two licensed vehicles. 7. Any new construction shall require a building permit from the Lawrence County Office of Planning and Zoning and comply with Building Codes and Life Safety Codes. 8.The owners/operators shall contact the South Dakota Health Department for an inspection as required to obtain a State Campground License. 9. Any new septic system for the campground service buildings requires perc test(s) and/or soil evaluation(s), septic system design and approval by a South Dakota registered professional engineer and the DENR. A septic approval letter from the engineer shall be filed with Lawrence County Office of Planning and Zoning. 10. All outdoor fire pits shall comply with the guidelines as set forth by the South Dakota Division of Forestry. 11. The three (3) 5 lb. ABC fire extinguishers and a first aid kit shall be made accessible to the guests at all times. 12. One of the operators shall be trained in CPR and/or medical training in case of medical emergencies. 13. Only one (1) sign at the entrance shall be allowed and conform to Section 4.2 of the Lawrence County Zoning Ordinance. 14. Litter containers or trash barrels shall have lids and be strategically placed around the area so as to prevent free blowing trash. Trash shall be policed daily by the operator of the campground. The trash containers shall be emptied on a regular basis. 15. All lights used for exterior illumination shall be directed away from any nearby residences and Nemo Road. 16. The owners/operators shall provide security at all times. 17. The second access shall be open and maintained for the campground. 18. A minimum of one (1) telephone shall be available for emergency use. A list of emergency numbers and sheriff department number shall be placed next to one of the phones. 19. Any change of property ownership, with the proposed transfer of this subject Conditional Use Permit, shall be reported immediately to the Office of Planning and Zoning. The new owner shall meet with the Lawrence County Commission to review and accept the conditions of this Conditional Use Permit. 20. This permit shall be reviewed on an annual basis, or an as needed basis should complaints arise to assure compliance with the attached conditions, at which time additional conditions may be attached. 21.. If any term, condition or regulation stipulated in the Conditional Use Permit, the Lawrence County Zoning Ordinance or applicable state and federal regulations are not fully complied with in all respects, this permit may be reviewed and be suspended or revoked.

CHANGE OF ZONING #218 / WAYNE MAYER: A public hearing was held on a request for a Change of Zoning #218 for Wayne Mayer. Legal: Lots 1, 2, 3, part of the E.H.S. Eddie and Silver Plume Lodes of M.S. #2122 of Sections 4 and 5 of T4N, R3E, and Section 32 of T5N, R3E, B.H.M., located South of Lead on the Kirk Road. Present Zone – PF – Park Forest. Proposed Zone – HSC – Highway Service Commercial District. Reason for Request: To change the property from a conditional use permit property to a commercial zone for commercial storage units. No public was present for input and the public hearing was closed. Moved-Seconded (Weisenberg-Seward) to approve and authorize the Chairperson to sign the following Ordinance Amending Lawrence County Zoning From PF – Park Forest District to HSC – Highway Service Commercial District Ordinance Number One. Motion Carried.

COZ NO. 218 – AN ORDINANCE AMENDING LAWRENCE COUNTY ZONING FROM PF – PARK FOREST DISTRICT TO HSC – HIGHWAY SERVICE COMMERCIAL DISTRICT ORDINANCE NUMBER ONE: Pursuant to a Petition of Wayne Mayer for a Change of Zoning of a tract of land located in Lawrence County, South Dakota and pursuant to notice thereof having been given by publication of such as required by law, and pursuant to notice having been given to adjacent landowners by certified mail as required by law, and pursuant to the favorable recommendation of the Lawrence County Planning Commission. BE IT ORDAINED: By Lawrence County South Dakota, that the boundaries of PF – Park Forest District as established by the Lawrence County Zoning Ordinance One, Be amended so as to remove the following described real property, to-wit: Lots 1, 2, 3, part of the E.H.S. Eddie and Silver Plume Lodes of M.S. #2122 of Sections 4 and 5 of T4N, R3E, and Section 32 of T5N, R3E, B.H.M. from the PF- Park Forest District and include it in the HSC Highway Service Commercial District. This Amendment will become effective on the twentieth (20 th ) day following publication.

Moved-Seconded (Seward-Weisenberg) to cancel Conditional Use Permit #179 after the Change of Zoning is effective. Motion Carried.

STREAM FLOW GAUGING IN SPEARFISH CANYON: Dan Driscoll, U.S. Geological Survey, was present to discuss the stream flow gauging stations in Spearfish Canyon. The gauges noted as Cheyenne Crossing and Squaw Creek are scheduled to be discontinued, however, they are still monitoring them at this time. Driscoll stated they are waiting so see what local interest and funding are available to keep the gauges running in the year ahead. Driscoll stated the City of Spearfish and Emergency Services may be interested in the Squaw Creek Gauge for early flood warning purposes. The yearly cost of operating the gauges are $10,600 each. Dick Fort was present and stated they have made application for grant funding to operate the gauges. Fort stated if it was a matter or priority they would like to see the Squaw Creek Gauge and eliminate the Cheyenne Crossing Gauge. Jack Cole was present and felt they needed to keep both sites operational. Opitz asked Driscoll to check and see if SD Game Fish & Parks would be interested in sharing in the cost of the funding along with the City of Spearfish for the Squaw Creek Gauge. Douglas asked Opitz and Weisenberg to work with Dan Driscoll and report back to the Board with a recommendation.

BEDROCK AQUIFERS IN THE BLACK HILLS: Driscoll presented the Board with “Concepts For Study Of The Contamination Potential Of Bedrock Aquifers In The Black Hills Area”. The Board will review the documents and Driscoll will return at a meeting in the future to answer any questions from the Board.

NOXIOUS WEED MANAGEMENT PLAN: David Heck, Weed & Pest Supervisor, was present to discuss the Weed Boards “Best Case Scenario” for Management Plan of Eradication and Enforcement of Noxious Weeds. The Board questioned the “100% Management” and “100% Eradication” wordage in the document. The Board questioned how they can enforce this plan on the Public and not the Forest Service. After further discussion the Board requested Heck take the Plan back before the Weed Board and revise the plan, to soften the wording, so it is not so abrasive to the citizens in the county.

11:40 AM: Moved-Seconded (Weisenberg-Mattson) to go into executive session to discuss personnel matters. Motion carried. 11:50 AM: The Board reopened for regular business.

BILLS: Moved-Seconded (Mattson-Seward) To Approve Payment And Authorize The Chairman To Approve The Vouchers Listed Below For Expenditures For Insurance, Professional Services, Publications, Rentals, Supplies, Repairs, Maintenance, Travel, Conference Fees, Utilities, Furniture And Equipment Drawn On The Proper Funds and Various Departments. Motion Carried. Atkinson,C-$65.69 ; Kosel,J-$22.32; Leatherman,D-$10.60; Mowell,R- $8,545.50; A&B Busines Equipment Inc-$6,362.62; A&J Supply-$78.92; Abc Business Supply Corp-$103.76; Amcon Distributing-$250.40; Aytes,K-$15.00; Bh Chemical Company Inc- $2,011.59; Bh Elevator Systems Inc-$402.04; Bh Fibercom-$1,577.66; Bh Pioneer Inc-$37.46; Bh Power & Light Rapid-$509.60; Best Business Prod Inc-$33.37; Bestgen,S-$3,437.10; Bob Barker Company Inc-$131.52; Brevik,M-$87.79; Brownsville Fire Dept-$424.00; Burrly's Lube- $30.54; Butte Electric Coop Inc-$107.96; Cellular One-$57.98; Central Parts-$248.13; Chaput,K. M-$2,704.80; Chemsearch Inc-$252.78; Clinical Lab Of Bh Inc-$4,342.08; Coburn Insurance Agency-$60.00; Community Health Services-$50.00; Computer Doctor Of Spearfish- $189.97; Conoco-$358.19; Contractors Supply Inc-$548.01; Culligan Soft Water Serv Inc- $33.50; Dm Data Corp-$2,954.25; Dartek Computer Supplies Corp-$89.19; Deadwood City Of- $883.85; Deckers Food Inc-$22.34; Dept Of Hlth Lab Services-$198.00; Dietrich,D-$106.07; East West Motor Express-$300.00; Ekeren,M-$15.00; Fish,V-$467.10; Fisher Sand & Gravel Inc-$4,610.50; Fuller, Tellinghuisen, Gordon-$464.26; Gene's Lock Shop Inc-$295.42; Golden West Teltech Inc-$37.50; Great Western Tire Inc-$121.40; Harmelink & Fox Law Off-$79.99; Heisler Hardware Inc-$11.97; Herd's Ribbon Reinking-$65.00; Hills Material Comp Inc- $3,863.75; Hobart Sales & Service Inc-$148.00; Ikon Office Solutions Inc-$170.65; Insight- $380.49; Kimball-Midwest Co Inc-$134.59; Kittelson,J-$15.00; Knecht True Value Inc-$60.47; Lc Centennial Inc-$718.65; Lc Public Health-$2,208.00; Lc Sheriff-$509.72; Lar-Jo's- $1,256.27; Lawson Products Inc-$228.94; Lead-Deadwood Sanitary-$376.92; Lookout Memorial Hospital-$244.98; Maintenance Usa-$160.99; Manlove Psychiatric Group-$225.00; Mcarthur,J-$35.00; Montana-Dakota Util Dwd-$2,080.66; Morman Law Firm-$197.59; Murphy John R Atty At Law-$3,529.25; Nicholas,C-$35.00; Northern Tool & Equip Inc-$1,980.83; Northwest Pipe Fitt Inc-$107.48; Office Max #511-$46.17; Ore Car Express Inc-$25.00; Overhead Door Company Of Rapid-$93.08; Pennington County Sheriff-$18.30; Pennington County Sts Attny-$600.00; Pitney Bowes Inc-$49.55; Qwest-$44.15; Radio Shack/Kazco Inc- $52.98; Rud-Chain Inc-$604.71; Sd State Treasurer-$1,105.80; Sand Creek Printing Inc-$15.00; Sanitation Products Inc-$2,693.00; Sanito Oil Inc-$2,088.00; Servall Towel & Linen Inc- $169.99; Sheehan Mack Sales & Equip Inc-$678.68; Sioux Steam Cleaner Corp-$6,020.00; Spearfish Alt/Starter Rebuild-$175.00; Spearfish Auto Supply Inc-$43.28; Spearfish Fire Dept- $236.43; Spearfish Husky-$320.25; Telcomco Communications-$163.60;Teen Crt-$1,170.59; Texaco Inc-$54.88; Tigerdirect-$285.10; Tri State Commodities Inc-$3,912.86; Twin City Hardware & Lumber In-$195.15; Viking Office Prod-$75.27; Walmart Store Inc-$413.19; Waste Connections Inc-$200.94; Western Communication Inc-$294.10; Wolff's Plumbing Inc-$152.84; Yankton Co Sheriff-$16.50; Young's Hardware Hank-$36.45; Witness & Juror Fees: Blake,D- $20.44; Brady,E-$16.96; Clarkson,J-$17.54; Ded,T-$12.90; Hemmah,H-$21.60; Latuseck,L- $11.74; Peters,D-$14.06; Sjomeling,M-$10.58; Andersen-Larive,D-$11.74; Anderson,L-$18.70; Berry,M-$13.48; Cramer,S-$24.50; Crofutt,P-$60.44; Dragoo,S-$51.74; Dubray,A-$57.54; Engel,A-$20.44; Farley,R-$21.60; Fremo,T-$50.58; Goodwin,A-$14.64; Grenstiner,M-$16.96; Hammond,K-$12.90; Hall,R-$18.70; Hansen,T-$50.58; Hart,N-$55.80; Harty,R-$12.32; Heaton,T-$16.96; Heinen,J-$51.74; Hodson,T-$58.70-Ingwersen,M-$18.70; Island,R-$11.16; Jarvis,W-$21.60; Kotak,J-$17.54; Larson,M-$50.58; Luze,T-$51.74; Maki,P-$58.70; Melanson,J-$21.60; Merrow,C-$59.86; Murdy,E-$12.90; Norton,D-$12.32; Oconnor,B-$18.70; Olsen,C-$50.58; Perron,N-$11.74; Ring,J-$13.48; Sartorius,L-$59.28; Scott,D-$58.70; Sharp,D- $19.86; Sheufelt,D-$20.44; Talsma,K-$58.70; Tisdall,R-$55.80; Vandine,G-$16.96; Walters,J- $58.70; Wegenke,J-$59.86; Wellard,C-$50.00; Wilczynski,R-$57.84

ADJOURN: 11:50 a.m. - There being no further business it was Moved-Seconded (Seward- Douglas) to adjourn. Motion Carried.

______DATE

______CONNIE H. DOUGLAS, Chairperson ATTEST:

______CONNIE ATKINSON, Auditor

LAWRENCE COUNTY COMMISSIONERS MEETING – NOVEMBER 20, 2001

Chairperson Connie H. Douglas called the regular meeting of the Lawrence County Commissioners to order at 8:00 a.m. on November 20, 2001 in the Administrative Annex Building of the Lawrence County Courthouse located at 90 Sherman Street, Deadwood, SD with Commissioners James J. Seward, Terry Weisenberg, Barbara Mattson and George Opitz present.

All motions were passed by unanimous vote unless stated otherwise.

MINUTES: Moved-Seconded (Seward-Weisenberg) to approve the minutes of November 6, 2001. Motion Carried.

PERSONNEL: EMERGENCY MANAGEMENT: Moved-Seconded (Seward-Opitz) to approve the hiring of Anita Aker as a temporary employee at the rate of $8.50 an hour in the Emergency Management Office thru the year 2001, effective 11-21-01. Motion Carried.

Moved-Seconded (Weisenberg-Opitz) to appoint Ken Hawki as the Assistant Emergency Management Director. No pay is involved. Motion Carried.

HIGHWAY TRANSFER OF FUNDS: Moved-Seconded (Weisenberg-Mattson) to approve the transfer of $75,000 from Snow Removal Funds to the Road and Bridge Labor Salaries and account for expenses properly chargeable against the Snow Removal Funds. Motion Carried.

EXTENSION AUTOMATIC SUPPLEMENT: Moved-Seconded (Seward-Weisenberg) to approve an automatic supplement of $987.84 (Grant) in the Extension’s Budget to cover grant funds received. Motion Carried.

EMERGENCY MANAGEMENT SUPPLEMENT: Moved-Seconded (Seward-Weisenberg) to set a supplemental budget for the Emergency Management Salaries for $7,000 for the 4 th day of December at 8:45 a.m. Motion Carried.

TRAVEL REQUESTS: VSO: Moved-Seconded (Opitz-Weisenberg) to approve the travel request for William Locken to attend the VSO/Congressional Forum meeting in Rapid City, SD on November 30, 2001. Motion Carried.

CONTINGENCY TRANSFER: Moved-Seconded (Mattson-Seward) to authorize a contingency transfer to the Commissioners Professional Services for $7,400. Motion Carried.

COURTHOUSE LIGHTING: Moved-Seconded (Mattson-Weisenberg) to approve the expenditure of $2,400 for the lighting of the Courthouse during the Holidays. Aye-4, Nay- Seward. Motion Carried.

PENDING BUSINESS: Commissioner Weisenberg made the following statement regarding the comments made by Jack Cole at a previous meeting.

At a previous County Commission meeting, Mr. Jack Cole made three statements which the County Commission requested more documentation. To this date we have received nothing that would substanuate Mr. Cole’s statements, even though he promised to have documentation by the last meeting. Mr. Cole even attended our last meeting but gave us no information as promised. Therefore, I can only draw the conclusion that Mr. Cole intends to falsely mislead this commission with erroneous information. He does not have any credibility and the fact that he doesn’t have any credibility will be his lasting legacy.

LETTER OF SUPPORT / BH MINING MUSEUM: Moved-Seconded (Weisenberg-Opitz) to make a statement of support for the B.H. Mining Museum stating they are an asset to the Community and any grants to the Museum would be appreciated.

RESOLUTION #01-36 TO ADOPT A SUPPLEMENTAL BUDGET : Moved-Seconded (Seward-Opitz) to approve the following Resolution #01-36 to Adopt a Supplemental Budget for the Airport in the amount of $150,000. Motion Carried. RESOLUTION #01-36 TO ADOPT A SUPPLEMENTAL BUDGET: WHEREAS, the County Budget for Lawrence County, South Dakota, for the fiscal year 2001, failed to provide sufficient revenue to enable the County to conduct the indispensable functions of Government, and WHEREAS, the Board of County Commissioners of said County deems it necessary to make a Supplementary Budget, providing for appropriation in the amounts set out below. NOW, THEREFORE, be it RESOLVED THAT SAID BOARD, make, approve and adopt a Supplemental Budget for Lawrence County, South Dakota, for the year 2001, and that in said budget there will be and is hereby appropriated the following sum of money, to-wit: GENERAL FUND: Airport – Capitol Improvements - $150,000. The funds for the above amounts are to be provided from unappropriated cash balances and estimated revenue in the designated Fund. Be it further RESOLVED that a hearing was held on the 20 th day of November, 2001 at the hour of 8:45 o'clock, a.m. in the Commissioners' Room in the Administrative Office Building at 90 Sherman Street, Deadwood, Lawrence County, South Dakota, and that said Notice of Hearing was posted according to law, SDCL 7-21-22. IN WITNESS WHEREOF, we have hereunto set our hands and official seal of Lawrence County, this 20 th day of November, 2001. LAWRENCE COUNTY COMMISSIONERS: Connie H. Douglas, Chairperson, Barbara Mattson, James J. Seward, Terry Weisenberg, George Opitz, ATTEST: Connie Atkinson, Auditor.

SOIL CONSERVATION: The Board discussed a request from the Soil Conservation Chairman Karl Jensen requesting funds of $23,672 for the year 2002. The Board stated the allocation would remain at the $18,000 as previously stated and also wanted to make it clear that Soil Conservation would be responsible for providing insurance.

HIGHWAY BUSINESS: FEDERAL-AID HIGHWAY IMPROVEMENT PROJECT: Moved-Seconded (Seward- Mattson) to approve and authorize the Chairperson to sign the Jurisdictional Agreement between Lawrence County and the State for Federal-Aid Highway Improvement Project NH-PH 90-1 (111) 8-PCEMS 3695. Motion Carried.

APPLICATION FOR OCCUPANCY: Moved-Seconded (Opitz-Seward) to approve and authorize the Chairman to sign the Application for Occupancy on the Right of Way of County Highways for Qwest Communications for a cable occupancy of Highways Number 021C in Section 1, T6N, R2E, Lawrence County. SD. Motion Carried.

9:10 AM: Moved-Seconded (Seward-Opitz) to go into executive session to discuss personnel matters. Motion carried. 9:35 AM: The Board reopened for regular business. No action taken.

ANNUAL REVIEW:

FISHER SAND & GRAVEL CONDITIONAL USE PERMIT #136: Ray Leahy presented the annual review of CUP #136. The Tveidt Quarry review showed Employment Utilized: 1 person. Acres Disturbed: 0 acres. Tonnage Extracted: 0 tons. Sales tonnage: 0 tons. Active bidding took place in 2001. Plans for next year will be contingent on securing additional work in this area. If State or County work is obtained, the feasibility of producing commercial inventory at this site will become reasonable. Leahy stated no complaints were received for the year.

FISHER SAND & GRAVEL CONDTIONAL USE PERMIT #211: Ray Leahy presented the annual review of CUP #211. The McGuigan Pit review showed Employment Utilized 10 people. Acres Disturbed: 4.5 acres. Tonnage Extracted: 126,156 tons. Sales Tonnage: 141,049 tons. The plans for next year will depend upon State, County and Private projects. It is anticipated that production and sales will be close to the same as last year. Leahy stated no complaints were received for the year.

Moved-Seconded (Mattson-Weisenberg) to remove conditions #24 & 25 of Conditional Use Permit #211 because they are not relevant. Motion Carried.

M&S CONSTRUCTION EQUIPMENT STORAGE CONDITIONAL USE PERMIT #261: Jimmy Mattson presented the Annual Review for M&S Construction. They have completed the exterior of the Building and are storing equipment in the building. The interior has not been completed at this time. No complaints have been filed for Conditional Use Permit #261.

Moved-Seconded (Weisenberg-Mattson) Conditional Use Permit # 261 was found to be in compliance and will be reviewed on an as needed basis, if complaints should arise, or at the desire of the Board to review. Motion Carried. Aye-4, Mattson abstained.

FINAL PLAT WHITWOOD FOREST ACRES #2: Moved-Seconded (Seward-Mattson) to follow the Planning & Zoning Recommendation and approve the Final Plat of Lots 5, 6 and 11 of Block 4, and Lots 15, 23 and 28 of Block 5, Whitewood Forest Acres #2 located in Section 20, T6N, R4E, B.H.M. – West of Whitewood. Motion Carried.

Chairperson Douglas turned the meeting over to Vice-Chair Mattson and left the room.

FINAL PLAT ROBERT & CONNIE DOUGLAS / DOUGLAS ACRES: Moved-Seconded (Seward-Weisenberg) to follow Planning and Zoning Recommendation and approve the Final Plat for Robert and Connie Douglas – Plat of Lots 1-7 of Douglas Acres, a subdivision of the NE¼SW¼ of Section 32, T6N, R4E, B.H.M. – Crook City Road. Aye-4, Douglas absent. Motion Carried.

Chairperson Douglas returned to the meeting.

PETITION FOR VACATION OF A RIGHT OF WAY FROM A PLAT / SELWAY HOMEOWNERS: A public hearing was held on a petition received on behalf of the Selway Homeowners Association for the Vacation of a Right of Way from a Plat. Selway Homeowners Association, are requesting the vacation of a Right of Way from a Plat pursuant to SD 11-3-21.1 et seq..Legal Description of the plat and location of right of way: Plat of Selway Estate Development is located in SW1/4 Section 18 and the NW1/4 Section 19, T5N, R4E, B.H.M., Lawrence County, South Dakota, according to the plat filed as Document No. 86-2675 and Affidavit of Correction filed as Document No. 86-4291. The right of way is located on the 535 foot border between lots 8 and 9. It is 66 feet wide, extending 33 feet into each lot.

Al Satterlee reviewed the statements within the Petition they presented and stated within the Selway Subdivision they had 100% support for the vacation of the “Future Use” R.O.W.. Satterlee stated the State does have land within this subdivision but was not part of the meeting where this issue was discussed. Satterlee stated the residents, of Selway Estates, want this proposed Right of Way vacated so it doesn’t become a major access for future developments. Additional concerns were the increased traffic from adjacent developments and also from construction workers building homes and roads. Increased public liability, safety, increased road maintenance and snow removal costs, dust pollution and water pollution were also noted. Satterlee stated the proposed R.O.W. was platted in the original plat and has been undeveloped since 1986. Satterlee stated it was not deemed important enough to be developed at the time the Selway Subdivision was built and they have no need for the R.O.W. now.

Pete Fuller, Attorney representing Faunille Cummings, was in opposition to the proposed vacation. Fuller presented copies of SAFECO Title Insurance for Curtis & Kathleen Eide, and Stanley & Joan Parish; a Warranty Deed from Faunille Fierro, Pamela Cleveland and Bill Pearson to the Parrish’s. Fuller also attached a breakdown of the laws he felt pertained to the issue. The conclusion stated the following: SDCL 11-3-23.1 allows the County Commissioners to vacate a plat or a portion of a plat if it does not “abridge or destroy any of the rights and privileges of other proprietors of such plat and will not authorize the closing or obstruction of any public highway laid out according to law.” Since this Petition specifically asks the County Commission to vacate a public street, highway, thoroughfare, public road, or whatever you wish to call the access depicted upon the plat between Lots 8 and 9 and depicted upon the plat concerning Tract 1 and 2 as one of the accesses to Tract 2, you will, if you approve this plat, be abridging or destroying the rights and privileges of Tract 2 and the owner of Tract 2 and you will be closing or obstructing the public highway, dedicated to the public, between Lots 8 and 9 of the Selway Subdivision. Therefore, I would ask that you find that this Petition to vacate affects a public road and also abridges or destroys Faunille Cummings’ right and privileges concerning Tract 2, which she owns, and thus the Petition to vacate should be denied. Or, in the alternative, I would ask you to exercise your discretion, in that you may or may not vacate the plat, and deny the Petition to Vacate. Fuller reviewed previous minutes from Planning and Zoning and County Commissioner meetings. Reference was made to the plats affecting the Selway Subdivision and the declaration of covenants. Fuller also mentioned the R.O.W. as being a Fire Access.

Lester Nies, Attorney representing the Selway Homeowners, stated this R.O.W. is not a public Dedicated R.O.W. it is a 66 foot R.O.W. (Future Use) Private Easement. Nies stated this is not a public dedication of a right of way. Nies read case law from Supreme Court case. Nies reviewed what it takes to dedicate a public road, and stated the Selway Homeowners have every legal right to vacate this R.O.W. because it has not been publicly dedicated. Nies referenced plats affecting the subdivision and previous minutes. Nies presented a Memorandum for the County Commission with the following Legal Analysis: 1. The “Future Use Right-of-Way” on the Selway Estates plat is, if it currently exists at all, has never been dedicated to the public. 2. The future use right-of-way does not currently exist because it was expressly granted for “future use” only, and no future use has ever occurred since 1986. 3. Even if the right-of-way in question currently exists, it is only a private easement and cannot be expanded beyond the scope of the original grant. This means it cannot become a public right-of-way, and if any use is permitted, it is limited only to the scope of the original grant: a private access easement to the unplatted 40 acre tract to the east of Selway Estates. Expansion of the private easement beyond the unplatted 40 acres would be an impermissible expansion of the original grant. 4. The owners of the private easement should be stopped from use of such an easement due to their failure to advise the owners of the Selway Estates lots that there would be future development of the easement into a full-fledged road. 5. There is already a 66 foot public right of way serving the land to the east of Selway Estates which only serves three houses. The Selway Estates road serves 11 houses, and concerns for safety from increased traffic flow, etc. are serious for the Selway Estates owners.

Joan Parish, Selway Homeowner, stated at the time they purchased the property they asked Bill Pearson if the R.O.W. would ever be developed. They were told that they needed the R.O.W. on the plat to become a Forest Park Subdivision. Parish also expressed concerns about the water pollution on their private well. Bill Pearson stated at the time of the plat they were told they had to have a second access to the property.

Gerald Kindsfater stated at a landowners meeting in 1987 it was decided that it would take a 2/3 rd vote of the development to open the right of way. Nies reinforced the fact that this was not a public right of way and never was accepted as a public right of way. Curt Eide questioned why the Selway Addition Homeowners have to bare the cost for future developments. Michelle Kindsfater stated the Selway Addition has nothing to gain from the development of this right of way except additional expenses.

Douglas closed the Public Hearing. Seward asked Fuller who was going to develop the Road. Fuller stated Faunille Cummings. Mattson questioned who would maintain the right of way. Fuller stated the Selway Estates Covenants would address that issue and Cummings would pay their proportion of the use. Opitz stated when the Selway Homeowners bought their property they were aware of the future use right of way. Seward stated the Commission can not resolve this problem, and it may need to be answered in a court of law. Seward stated they presently ask that subdivisions have two accesses.

Moved-Seconded (Seward-Weisenberg) to deny the Selway Homeowners Association petition to vacate the right of way (future use) from the plat filed as Document No. 86-2675 and Affidavit of Correction filed as Document No. 86-4291. Aye-4, Nay-Douglas. Motion Carried.

11:50 AM: Moved-Seconded (Opitz-Seward) to go into executive session to discuss legal matters. Motion carried. 12:55 PM: The Board reopened for regular business. No action taken.

BILLS: Moved-Seconded (Weisenberg-Douglas) To Approve Payment Of The Following Payroll And Authorize The Chairman To Approve The Vouchers Listed Below For Expenditures For Insurance, Professional Services, Publications, Rentals, Supplies, Repairs, Maintenance, Travel, Conference Fees, Utilities, Furniture And Equipment Drawn On The Proper Funds and Various Departments. Motion Carried.

Payroll: Comm-$3,032.04; Aud-$4,900.77, Treas-$7,410.71, Comp-$4,451.10; Sa-$9,314.11; Pub Def-5,597.95; Gen Govt Bldg-$5,010.12; Equal-$9,000.64; Rod-5,446.48; Vso-$670.88; Disp-$8,153.62; Sher-$24,030.65; Jail-$13,384.70; Emerg Mgnt-$1,259.04; E911-$1,199.04; R&B-$28,467.20; Exten-$1,141.44; Weed-$1,499.17; Pz-$2,389.28; Bills: Dias,G-$280.00, Haupt,J-$10.58; Heck,D-$88.45; Kosel,J-$17.28; Smith,M-$2.16; A&B Busines Equipment Inc- $4.00; A&B Welding Supply Inc-$26.95; Abc Business Supply Corp-$413.08; Ace Steel & Recycling Inc-$2,608.20; Active Data Systems Inc-$460.00; Ag Communications Center- $79.82; Alco Store #262 Inc-$5.97; Altaire Enterprises Inc-$60.00; Amcon Distributing- $190.68; American Family Life Inc-$1,170.38; American Tech Serv Inc-$2,364.45; Amoco Oil Co-$289.27; At&T-$66.00; Bh Chemical Company Inc-$150.16; Bh Collection Service Inc- $25.00; Bh Federal Credit Union-$6,773.29; Bh Medical Ctr Pharmacy Inc-$1,082.45; Bh Pest Control-$95.00; Bh Pioneer Inc-$406.65; Bh Power & Light Deadwood-$340.43; Bh Power & Light Rapid-$5,274.51; Bh Truck And Trailer Inc-$7,460.91; Bickle's Truck & Diesel-$217.00; Big Als Steak House-$103.75; Blue Cross-$29,600.38; Bob Barker Company Inc-$86.67; Bouchie,D-$21.75; Brevik,M-$84.25; Buckstop Express Mart Inc-$17.23; Burrly's Lube- $141.95; Business Computer Serv Inc-$239.00; Butler Law Office-$2,636.21; Butte Electric Coop Inc-$992.90; Cameron Comm-$26.95; Campbell Supply Co-$33.44; Carquest Of Spearfish-$101.18; Christensen Law Office-$358.45; City County Alcohol &Drug-$95.00; Credit Collections Bureau-$30.00; Culligan Soft Water Serv Inc-$89.25; Cvd Construction Inc- $485.47; Dakota Graphics-$175.00; Dartek Computer Supplies Corp-$36.56; Deadwood Area Chamber Of Comm-$2,400.00; Deadwood Recreation Center-$77.00; Deadwood Supply Inc- $58.03; Deckers Food Inc-$12.83; Dept Of The Treasury-$33,572.89; Division Of Motor Veh- $13.00; Ecolab Inc-$84.00; Eddie's Truck Sales/Serv Inc-$53.11; Expanets-$29.70; Extension Service #376287-$137.97; Fisher Sand & Gravel Inc-$3,009.37; Frederickson John R Inc- $1,253.45; Fuller, Tellinghuisen, Gordon-$282.91; Gene's Lock Shop Inc-$11.00; Godfrey's Brake Serv Inc-$2,426.67; Gold Dust Inc-$89.83; Great Western Tire Inc-$52.44; Grimm's Pump Service Inc-$201.30; Haivala Law Firm-$528.02; Hall Welding Inc-$35.04; Heisler Hardware Inc-$130.00; Hicks,T Md-$352.00; Hills Material Comp Inc-$22,068.37; Honeywell Inc-$19,975.00; Ibm Corp Sqh-$334.40; Ikon Office Solutions Inc-$356.68; Jenner Equipment Co Inc-$4,192.00; K Mart 3893-$20.84; Kadrmas, Lee And Jackson Inc-$24,498.60; Ken's Camper Sales-$30.38; Kinney & Koch Llp-$364.09; Knecht True Value Inc-$5.20; Lc Centennial Inc-$118.44; Lc Sheriff-$105.14; Lee,J-$30.00; Lewis & Clark Bhs-$125.00; Lexis Law Publishing Inc-$2,868.88; M&S Doors-$45.00; M-S Construction Inc-$1,400.00; M&T Fire & Safety Inc-$3,375.00; Marshall & Swift-$434.90; Matthew Bender & Co Inc-$67.88; Mcleod's Office Supply Inc-$254.90; Meister,B-$50.00; Minnehaha County Sheriff-$9.90; Motorola Inc- $1,534.04; Nh Family Ymca-$462.00; Nh General Hospital-$602.78; Nh Plaza-$250.00; National Emergency-$150.00; Nfpa Fulfillment Center-$508.15; Nfpa International-$8.00; National Fire Safety Council-$715.00; Office Of Child Support-$284.50; Office Technology Supply-$60.24; Ohio State University Med Dist-$16.70; Pennington Co Jail-$928.08; Pennington County Sts Attny-$400.00; Phillips Petroleum Co Inc-$20.30; Porter Law Office Pc- $586.25; Postmaster Spearfish-$150.00; Pronto Auto Supply-$16.66; Queen City Medical Center-$25.00; Queen City Rocket Lube-$92.00; Qwest-$2,487.83; Quill Corp-$55.82; Rc Finance Office-$385.00; Rc Regional Hospital Inc-$2,820.02; Rhs Inc-$63.00; Rand's Photo- $70.49; Rapid Delivery Inc-$31.00; Sd Retirement System-$28,198.26; Sdaitc-$25.00; Sd Div Criminal Investigation-$1,370.00; Sd Supp Retirement-$874.50; Sand Creek Printing Inc- $205.50; Sanito Oil Inc-$2,858.02; Sec Of State-$56.00; Servall Towel & Linen Inc-$283.69; Sheehan Mack Sales & Equip Inc-$13.33; Sheridan County Court-$1.00; Sign-Up Ltd- $5,810.50; Sioux Valley Hospital-$11.00; Spearfish Auto Supply Inc-$619.58; Spearfish Surgery Center-$25.00; State Disbursement Unit169763-$60.00; Superior Lamp And Supply Inc- $446.52; Telcomco Communications-$700.00; Texaco Inc-$104.33; Tridle,J-$100.00; U Bid Online Auction-$557.33; Us Bank Corp Trust Debt Manag-$94,320.00; United Building Center- $195.84; Verizon Wireless Inc-$347.93; Viking Office Prod-$211.35; Warne Chemical Inc- $155.52; Waste Connections Inc-$121.38; West Group-$89.00; Western Communication Inc- $753.00; Western Sd Juvenile Serv-$4,653.72; Worldcomm Mci Inc-$366.34; Wyoming Child Support Coll-$190.00; Wyss & Associates Inc-$500.00; Witness & Jurors: Jones,C-$18.70; Rentz,S-$246.40; Glos,G-$14.06; Hughes,D-$18.70; Bucher,L-$19.86; Copas,R-$28.70; Sullivan,M-$11.74; Gaines,Dr J-$250.00; Kaberna,S-$419.04; Bunch,G-$24.35; Crofutt,P- $60.44; Fremo,T-$50.58; Hansen,T-$50.58; Hart,N-$55.80; Heinen,J-$51.74; Luze,T-$51.74; Maki,P-$58.70; Olsen,C-$50.58; Scott,D-$58.70; Boblett,M-$28.70; Charlson,J-$27.54; Dangel,M-$252.00; Dangel,P-$252.00; Darland,E-$46.10; Davis,A-$21.74; Diede,E-$29.86; Fish,K-$33.34; Hansen,B-$21.74; Hauff,K-$28.70; Hayward,J-$28.70; Hill,T-$24.64; Hoffer,R-

$29.28; Hubbeling,P-$43.48; Johner,E-$27.54; Kellogg,C-$27.54; Langer,D-$28.70; Laskowski,B-$26.96; Lomelin,D-$46.10; Maser,B-$37.40; Minor,B-$34.50; Mun,M-$46.10; Nelson,J-$34.50; Olson,J-$28.70; Pontius,D-$20.58; Rust,R-$34.50; Sawyer,G-$252.00; Aberle,D-$209.28; Anderson,M-$10.58; Anderson,T-$18.70; Arehart,U-$18.70; Aslesen,H- $18.70; Bacon,D-$18.70; Berry,R-$10.58; Burns,M-$18.70; Cihak,S-$234.80; Cody,M-$21.60; Coneley,E-$16.38; Crago,R-$27.40; Curnow,B-$11.74; Danko,D-$18.70; Davidson,P-$21.60; Dell,J-$18.70; Derby,T-$202.32; Dittus,D-$10.58; Dowdy,R-$15.80; Eckrich,S-$18.70; Edwards,A-$18.70; Ellerton,D-$234.80; Enderby,J-$11.74; Finkbeiner,S-$24.50; Fischer,D- $202.32; Froelich,J-$24.50; Gabel,M-$234.80; Gallego,D-$12.32; Griffith,L-$12.32; Gross,D- $21.60; Halling,B-$18.70; Hamilton,P-$18.70; Heisinger,E-$11.16; Helmberger,D-$18.70; Higbee,J-$18.70; Jacobs,K-$12.90; Johnson,C-$15.80; Katon,B-$11.16; Klumb, D-$18.70; Lynass,L-$239.44; Maas,J-$21.60; Martin,N-$246.40; Mcdaniels,T-$16.96; Mitchell,J-$246.40; Nickelson,B-$21.60; Opstedahl,J-$246.40; Pehrson,J-$10.58; Rantapaa,K-$16.96; Reman,R- $18.70; Ringling,D-$10.00; Risdal,S-$18.70; Ruth,K-$10.58; Sack,J-$206.96; Schutterle,T- $12.32; Shafto,D-$18.70; Sloan,N-$19.86; Sprigler,D-$18.70; Stewart,J-$11.74; Tetrault,T- $19.28; Trentz,D-$12.90; Valdez,M-$234.80; Varland,C-$21.60; Wager,V-$19.86; Waterland,K-$21.60; Watwood,D-$16.96; Whitelock,R-$21.60; Whiton,B-$11.74; Williams,L- $18.70; Zehfus,M-$21.60; Zubrod,S-$56.10

ADJOURN: 12:55 p.m. - There being no further business it was Moved-Seconded (Opitz- Weisenberg) to adjourn. Motion Carried.

______DATE

______CONNIE H. DOUGLAS, Chairperson ATTEST:

______CONNIE ATKINSON, Auditor

LAWRENCE COUNTY COMMISSIONERS MEETING – DECEMBER 4, 2001

Chairperson Connie H. Douglas called the regular meeting of the Lawrence County Commissioners to order at 8:00 a.m. on December 4, 2001 in the Administrative Annex Building of the Lawrence County Courthouse located at 90 Sherman Street, Deadwood, SD with Commissioners James J. Seward, Terry Weisenberg, Barbara Mattson and George Opitz present.

All motions were passed by unanimous vote unless stated otherwise.

MINUTES: Moved-Seconded (Opitz-Mattson) to approve the minutes of November 20, 2001. Motion Carried.

TRAVEL REQUESTS: EMERGENCY MANAGEMENT: Moved-Seconded (Weisenberg-Mattson) to approve the travel request for Paul Thomson to attend the SD Instructors Conference and DEM School Safety Class in Pierre on January 11 - 15. Motion Carried.

EQUALIZATION: Moved-Seconded (Opitz-Seward) to approve the travel request for Darlene Piekkola to attend the Joint Executive Board meeting between SDACO, SDACC, SDAHWS, SDML and SDATAT in Pierre, SD on December 13 & 14, 2001. Motion Carried.

FOREST SERVICE ISSUES: Moved-Seconded (Seward-Weisenberg) to accept the Summary of the Timber Committee on the Lead-Deadwood Exemption Area Wildland/Urban Interface Project as the County Comments and submit to the BLM. Motion Carried.

8:25 AM: Moved-Seconded (Seward-Opitz) to go into executive session to discuss personnel. Motion carried. 8:40 AM: The Board reopened for regular business.

PERSONNEL: EQUALIZATION: Moved-Seconded (Weisenberg-Mattson) to approve Jason Writer as an Appraiser III at the base rate of $12.00 an hour effective December 1, 2001. Motion Carried.

SHERIFF: Moved-Seconded (Weisenberg-Opitz) to allow employees to donate leave to Deb Duncan. Motion Carried.

SUPPLEMENTAL BUDGET HEARINGS: ROAD & BRIDGE: Moved-Seconded (Seward-Opitz) to set a supplemental budget hearing for the 18 th of December at 8:45 a.m. for the Road and Bridge Budget shop building for $39,136. Motion Carried.

JAIL: Moved-Seconded (Weisenberg-Douglas) to set a supplemental budget hearing for the 18 th of December at 8:45 a.m. for the Jail Board of Prisoners - $30,000 and Jail Medical - $10,000. Motion Carried.

TRANSFER OF FUNDS: Moved-Seconded (Seward-Douglas) to transfer $7,000 from General Fund to the Emergency & Management Fund. Motion Carried.

AUDITOR’S ACCOUNT WITH TREASURER REPORT: Moved-Seconded (Weisenberg- Mattson) To accept the following report as read by the Auditor. Motion Carried. Auditor's Account with the County Treasurer: The Auditor's Account with the County Treasurer as of November 30, 2001 showed the following: Total amount of deposits in banks-$10,979,496.04; Total amount of actual cash-$1,000.00; Total amount of Checks and drafts in Treasurer's possession not exceeding three days check deposit in transit)-$177,343.69; Total amount of cash in transit in Treasurer's possession (cash deposit in transit)-$3,313.61; Petty Cash-$1,585.00; (NOTE: petty cash includes: Sheriff-$1,000; Reg.of Deeds-$275; Auditor-$100; Hwy & Planning & Zoning-$50; Equalization-$35.; Public Defender, Gen.Govt.Bldgs and Extension- $25). Total amount of deposits in bank include: CD's-$5,500,000.00; Bank Balance- $4,575,366.64; GNAM's-$154,129.40; and Money Market $750,000.

RESOLUTION #01-37 TO ADOPT A SUPPLEMENTAL BUDGET : A public hearing was held on a supplemental budget request for Emergency Management – Salary for $7,000. The hearing was closed, no public input was present. The supplement was needed to help cover the additional expenses of paying earned benefits to the retirement of the previous Emergency Management Director and the resignation of the previous secretary.

Moved-Seconded (Opitz-Seward) to approve the following Resolution #01-37 to Adopt a Supplemental Budget for Emergency Management – Salary in the amount of $7,000. Motion Carried. RESOLUTION #01-37 TO ADOPT A SUPPLEMENTAL BUDGET: WHEREAS, the County Budget for Lawrence County, South Dakota, for the fiscal year 2001, failed to provide sufficient revenue to enable the County to conduct the indispensable functions of Government, and WHEREAS, the Board of County Commissioners of said County deems it necessary to make a Supplementary Budget, providing for appropriation in the amounts set out below. NOW, THEREFORE, be it RESOLVED THAT SAID BOARD, make, approve and adopt a Supplemental Budget for Lawrence County, South Dakota, for the year 2001, and that in said budget there will be and is hereby appropriated the following sum of money, to-wit: EMERGENCY MANAGEMENT FUND: Emergency Management - Salary - $7,000. The funds for the above amounts are to be provided from unappropriated cash balances and estimated revenue in the designated Fund. Be it further RESOLVED that a hearing was held on the 4th day of December, 2001 at the hour of 8:45 o'clock, a.m. in the Commissioners' Room in the Administrative Office Building at 90 Sherman Street, Deadwood, Lawrence County, South Dakota, and that said Notice of Hearing was posted according to law, SDCL 7-21-22. IN WITNESS WHEREOF, we have hereunto set our hands and official seal of Lawrence County, this 4th day of December, 2001. LAWRENCE COUNTY COMMISSIONERS: Connie H. Douglas, Chairperson, Barbara Mattson, James J. Seward, Terry Weisenberg, George Opitz, ATTEST: Connie Atkinson, Auditor.

2002 LIQUOR LICENSE RENEWALS: Moved-Seconded (Seward-Weisenberg) to renew the following liquor licenses for 2002: Ponderosa Bar/Nemo Guest Ranch Inc-Package (off-sale) Liquor; Tim & Janet Asheim; St. Onge Store-Package (off-sale) Liquor; Ponderosa Bar/Nemo Guest Ranch Inc-Retail (on-sale) Liquor and Sunday; Lead Country Club-Retail (on-sale) Liquor and Sunday; Stanley D. Ainsworth, Margie's Dinner Club-Retail (on-sale) Liquor and Sunday; Dakota Resorts Management Group Inc-Retail (on-sale) Liquor and Sunday; Black Hills Chair Lift Co Inc Retail (on- sale) Liquor -Sunday; VFW Queen City Post 5860-Retail (on-sale) Liquor and Sunday; Tomahawk Lake Country Club-Retail (on-sale) Liquor and Sunday; Boulder Canyon Country Club-Retail (on-sale) Liquor and Sunday; Spearfish Canyon Resorts LLC-Retail (on-sale) Liquor and Sunday; Spearfish Canyon Resorts, Latchstring Village Restaurant-Retail (on-sale) Wine; Seven Down LLC- Retail (on-sale) Wine. Motion Carried.

SEVEN DOWN / MOTO-CROSS EVENT: Jason Grubb informed the Board that they would like to have a Moto-Cross Event in the Seven Down Arena. The Moto-Cross would be for one day during the months of January, February and March. Alcohol would be served in the designated areas and the event would be held inside of the Arena. Moved-Seconded (Seward- Weisenberg) to approve of the Moto-Cross Event at the Seven Down Arena during January- February and March of 2002. Motion Carried.

FIRE ADVISORY FIREWISE GRANT & YEARLY REPORT: Charlie Nicholas, Fire Advisory, was present and updated the Board on the Activities for the past year. Nicholas mentioned work on the Urban Interface Code and Subcommittee on the Task Force. Nicholas stated members attended Fire Wise Workshops and applied for various grants and scholarships. Nicholas stated Spearfish has been picked for a Fire Wise Workshop in May of 2002 and encouraged all Board Members and interested persons to attend. Nicholas stated the Fire Advisory Board received a grant for $30,000 for Fuel Management and was also a recipient of Arc View. This program will work with E911, Equalization, weed and the Forest Service. Nicholas stated they will be able to map out fuel management areas. Nicholas stated they have had a very busy but productive year. Rob Mattox presented a short video from the Fire Wise Seminar. The Board Commended everyone involved for all of their volunteer time.

10:35 AM: Moved-Seconded (Opitz-Mattson) to go into executive session to discuss personnel. Motion carried. 10:40 AM: The Board reopened for regular business.

WEED POLICIES: Moved-Seconded (Opitz-Seward) to direct the Weed Board to develop a policy for fines for weed spraying for County Employees and have the policy reviewed by the States Attorney’s Office and bring back to the Board for approval. Motion Carried.

NOXIOUS WEED MANAGEMENT PLAN: Jerry Boyer and David Heck reviewed the proposed “Enforcement Policy and Procedures” for Noxious Weed Management Plan. Douglas expressed concerns about the 100% management and stated Boards in the future may read the policy different then the current boards. Discussion followed on the County Boards ability to remove any enforcements.

Moved-Seconded (Seward-Opitz) to approve the following “Enforcement Policy and Procedure” for Noxious Weed Management, contingent upon the review and approval of the States Attorney’s Office: 1. Lawrence County has “0” tolerance for noxious weeds (see Comp-Plan-1 999) 2. Lawrence County requires 100% management of noxious weeds on public and private lands utilizing an effective multi-year strategy. (See Comp-Plan 1999 pg. 25, Chapter 3 – 3 rd paragraph down on left) 3. Landowners are required to manage their noxious weed infestations through 100% eradication or control as identified in the Lawrence County Comprehensive Weed Plan. 4. During enforcement with a property owner 100% management will be achieved every year. Typical enforcements last for five years or until the Lawrence County Weed Board or Lawrence County Commissioners remove the enforcement. Aye-3, Nay-Mattson and Douglas. Motion Carried.

HOMESTAKE MINING COMPANY TECHNICAL REVISION: Ron Waterland, Homestake Mining, and Rod Ambrosie, Wenck & Associates, were present to discuss the Technical Revision for the following three Demolition Debris Disposal Facilities: 1. Grizzly Gulch: capped facility. 2. Open Cut: capped facility. 3. Open Cut: HMC Specific Solid Waste Facility – lined & capped facility. Homestake asked for a statement or resolution for approval from the County Commission for each of the three sites and a written statement from the Zoning Authority for each of the facilities indicating that the establishment of the facility does not violate any local zoning ordinance or resolution. The plans were reviewed on the proposed debris disposal facilities.

Moved-Seconded (Weisenberg-Seward) to approve Homestake’s proposed technical revision for two location sites at the open cut and with the understanding that Grizzly Gulch has already been approved for solid waste disposal, to use a portion of Grizzly Gulch for the disposal of demolition debris. Motion Carried.

The County Commission directed the Lawrence County Office of Planning and Zoning to send the Commission’s approval to the Office of Minerals and Mining at the Department of Environment and Natural Resources (DENR) with a statement that this technical revision approval is in compliance with Homestake’s Conditional Use Permits #124 and #144 and all applicable county zoning and subdivision regulations.

BILLS: Moved-Seconded (Mattson-Weisenberg) To Approve Payment Of The Following Payroll And Authorize The Chairman To Approve The Vouchers Listed Below For Expenditures For Insurance, Professional Services, Publications, Rentals, Supplies, Repairs, Maintenance, Travel, Conference Fees, Utilities, Furniture And Equipment Drawn On The Proper Funds and Various Departments. Motion Carried. Payroll: Comm-$3,032.04; Aud-$4,457.58; Treas-$6852.40; Comp-$4,245.02; States Atty- $9,183.35; Pub Def-$5,418.51; Gen Govt Bldg-$4,946.43; Equal-$8,413.66; Rod-$5,114.01; Vso-$670.88; Dispatch-$8,321.20; Sher-$25,209.63; Jail-$13,499.40; Emerg Mgnt-$2,086.88; E911-$1,099.12; R&B-$26,771.28; Ext-$1,046.32; Weed-$1,551.42; P&Z-$2,308.87; Bills: Bh Collection Service Inc-$25.00; Bh Federal Credit Union-$6,823.29; Credit Collections Bureau- $30.00; Dept Of The Treasury-$32,846.42; Domestic Crisis Outreach-$457.50; Office Of Child Support-$284.50; Queen City Medical Center-$25.00; Sd Supplemental Retirement-$874.50; Spearfish Surgery Center-$25.00; State Disbursement Unit-$60.00; Victims Of Violence- $457.50; Wyoming Child Support Coll-$570.00; Mcgruder,B-$50.00; Mowell,R-$7,290.00; Outka,B-$9.96 ; Sargent,D-$39.00; Thomson,P-$174.60; A&J Supply-$35.42; Abc Business Supply Corp-$136.53; Amcon Distributing-$254.15; American Tech Serv Inc-$7,462.50; Bh Elevator Systems Inc-$402.04; Bh Fibercom-$126.77; Bh Medical Center-$484.59; Bh Power & Light Rapid-$845.90; Bakers Investments-$395.00; Best Business Prod Inc-$33.37; Best Western Of Sioux Falls-$158.00; Binder,T-$29.70; Butte County Sheriff-$18.15; Butte Electric Coop Inc-$91.03; Cellular One-$455.53; Central Parts-$24.30; Chavez,G-$75.00; Cleveland Cotton Products-$111.41; Conoco-$262.40; Culligan Soft Water Serv Inc-$20.00; Curt Hill Phd- $118.25; D Ware Inc-$625.00; Danko Emergency Equip Co-$2,287.97; Deadwood Gulch Resort Inc-$45.74; Deadwood Supply Inc-$1.60; Deadwood City Of-$496.25; Dept Of Hlth Lab Services-$70.00; Douglas County Clerk Of Crts-$5.00; Esri Inc-$1,000.00; Executone Of The Bh Inc-$425.77; Golden Hills Resort-$35.00; Hall Welding Inc-$13.26; Havemeier,L-$16.20; Heartland Paper Co Inc-$1,174.58; Hills Material Comp Inc-$1,201.93; Honeywell Inc-$185.27; Hrs Food Service-$127.23; Huron Culvert & Tank Co Inc-$8,104.76; Ikon Office Solutions Inc- $206.81; Insight-$344.00; K Mart 3893-$15.98; Kinney & Koch Llp-$362.49; Lc Centennial Inc-$38.59; Lc Public Health-$2,208.00; Laser Technology Inc-$8,127.00; Lead City Of- $777.50; Lead-Deadwood Sanitary-$185.96; Lucero,L-$45.00; Matthew Bender & Co Inc- $83.22; Mcarthur,J-$105.00; Mikelson,G-$168.52; Montana-Dakota Util-$2,058.71; Morman Law Firm-$403.68; Mutchler,T-$415.25; Nh Community Development Inc-$60,000.00; Nh General Hospital-$540.00; Nacvso-$25.00; Nasppg Inc-$2,230.40; Niesent,L-$70.00; Pennington Co Auditor-$324.00; Pennington County Sts Attny-$200.00; Peterson,Joe B Cpa Pc- $27.50; Pioneer Counseling Services-$32.00; Pitney Bowes Inc-$170.10; Pizza Hut Inc-$92.35; Postmaster Deadwood-$204.00; Qwest-$44.15; Rc Regional Hospital Inc-$724.00; Richards Law Firm-$467.40; Sd State's Atty Assoc-$550.00; Sd Sheriff's Association-$450.00; Servall Towel & Linen Inc-$190.89; Silverado Inc-$462.91; State Bar Of South Dakota-$1,450.00; Teen Court Inc-$546.02; Texaco Inc-$178.30; Twin City Hardware & Lumber-$62.79; Us Postal Service-$6,000.00; Viking Office Prod-$208.28; Walmart Store Inc-$270.19; Western Communication Inc-$484.35; Williams Standard Serv-$90.95; Xerox Corporation-$345.00; Young's Hardware Hank-$14.98; Witness & Juror Fees: Brady,E-$26.96; Clarkson,J-$17.54; Ded,T-$22.90; Latuseck,L-$51.74; Peters,D-$64.06; Sjomeling,M-$20.58; Hodson,T-$58.70; Larson,M-$60.44; Merrow,C-$59.86; Sartorius,L-$59.28; Talsma,K-$58.70; Tisdall,R-$55.80; Wellard,C-$51.16; Adam,G-$58.70; Amundson,C-$74.50; Anderson,M-$26.96; Baker,L-$29.86; Barden,S-$25.80; Bergstrasser,J-$52.32; Bridenstine,C-$21.74; Burich,J-$25.80; Collins,J- $68.70; Cudmore,L-$61.60; Dahl,R-$20.00; Dahlgren,K-$71.60; Devries,M-$61.74; Feeser,J- $28.70; Feterl,F-$22.90; Finley,E-$30.44; Franco,R-$21.74; Gienger,K-$29.86; Hallan,J-$31.60; Harr,N-$73.34; Harrington,K-$34.50; Hartl,M-$28.70; Hauser,W-$71.60; Hill,R-$58.70; Hoscheid,T-$28.70; Huck,R-$26.96; Jennings,A-$68.70; Keene,J-$60.58; Kellogg,S-$28.70; Kindsfater,B-$21.74; Korvela,J-$69.28; Lannen,S-$27.54; Lehto,J-$22.32; Mammenga,J-$63.48; Mayer,W-$22.90; Metzger,D-$23.48; Meyer,C-$58.70; Parr,T-$29.86; Pearson,W-$22.90; Pedneau,E-$34.50; Peterson,J-$28.70; Rech,B-$73.92; Redinger,A-$62.76; Reimer,R-$22.32; Ross,R-$51.74; Schroeder,J-$28.70; Steffen,S-$22.32; Swanson,J-$50.58; Teigen,B-$58.70; Tiffany,J-$31.60; Titus,M-$52.32; Wannarka,M-$27.54; Webster,C-$21.74; Wold,L-$29.28; Yard,H-$61.60; Mollman,A-$20.44; Schweitzer,P-$12.32; Surdez,M-$18.12; Wager,B-$57.84

ADJOURN: 11:25 a.m. - There being no further business it was Moved-Seconded (Weisenberg-Mattson) to adjourn. Motion Carried.

______DATE

______CONNIE H. DOUGLAS, Chairperson ATTEST:

______CONNIE ATKINSON, Auditor

LAWRENCE COUNTY COMMISSIONERS MEETING – DECEMBER 18, 2001

Chairperson Connie H. Douglas called the regular meeting of the Lawrence County Commissioners to order at 8:00 a.m. on December 18, 2001 in the Administrative Annex Building of the Lawrence County Courthouse located at 90 Sherman Street, Deadwood, SD with Commissioners James J. Seward, Terry Weisenberg, Barbara Mattson and George Opitz present.

All motions were passed by unanimous vote unless stated otherwise.

MINUTES: Moved-Seconded (Seward-Opitz) to approve the minutes of December 4, 2001. Motion Carried.

COURTHOUSE HOLIDAY CLOSING / DECEMBER 24 TH & 25TH 2001: The Board noted the Presidential Executive Order #13238 and announced the closing of the Courthouse December 24 th and 25 th , 2001 as Holidays.

DEPARTMENT OF TRANSPORTATION: Moved-Seconded (Seward-Opitz) to approve the award of the contract to Hills Materials Company, Rapid City, SD with the bid of $681,915.78 in reference to Item 19 – November 30, 2001 letting / P 6503(4) PCEMS 562M Lawrence County / Process Inplace Surf & AC Resurf. Motion Carried.

TRAVEL REQUESTS: WEED: Moved-Seconded (Weisenberg-Opitz) to approve the travel request for David Heck to attend the Montana Weed Control Association Annual Meeting January 15-17, 2002 in Great Falls Montana. Motion Carried. There is no cost to the County because all fees are being paid by the BLM.

PERSONNEL: SHERIFF: Moved-Seconded (Seward-Weisenberg) to approve James Watts as a Deputy II at the rate of $15.14 an hour, effective 12-4-2001. Motion Carried.

PUBLIC DEFENDER: Moved-Seconded (Weisenberg-Opitz) to approve Lisa Washburn as a Legal Secretary I, Step 4 at the base rate of $9.98 an hour, effective 1-1-2002. Motion Carried.

HIGWAY: Moved-Seconded (Opitz-Mattson) to approve Diane Vandenberg as an Administrative Clerk Step 7 at $9.96 an hour, effective 12-1-2001. Motion Carried.

AIRPORT: Moved-Seconded (Weisenberg-Seward) to approve Anita Aker to work up to 15 hours per month as the Airport Board Secretary I, step 3 at the rate of $9.71 an hour, effective 1- 16-2002. Motion Carried.

SD STOCK GROWERS ASSOCIATION: Moved-Seconded (Seward-Mattson) to approve and authorize the Chairman to send a letter to William J. Janklow, Governor of South Dakota, John Cooper, Secretary of SD Department of Game, Fish & Parks and Larry Gabriel, Secretary of SD Department of Agriculture stating the Lawrence County Commission respectfully requests you extend the comment period on the South Dakota Black-tailed Prairie Dog Management Plan to May 5, 2002 in order for the State of South Dakota to take meaningful public input. We feel the thirty day comment period is inadequate for proper input on such an important issue. Motion Carried.

WHITEWOOD RURAL FIRE PROTECTION DISTRICT:

OFFICIAL CANVASS OF WHITEWOOD RURAL FIRE PROTECTION DISTRICT: Moved-Seconded (Seward-Weisenberg) to approve the following Official Canvass of Whitewood Rural Fire Protection District of December 17, 2001. Motion Carried. 144 For Incorporation of Whitewood Rural Fire Protection District and 46 Against Incorporation of Whitewood Rural Fire Protection District. STATE OF SOUTH DAKOTA / COUNTY OF LAWRENCE. WE, the undersigned being the duly appointed Board of Canvassers in Lawrence County, for the Whitewood Rural Fire Protection District Election held in Lawrence County on the 17 th day of December, 2001, hereby certify that the foregoing is a true and correct abstract of the votes cast in Lawrence County at said election, as shown by the returns certified to the County Auditor of said County. Subscribed and sworn to before me this 18 th day of December, 2001. LAWRENCE COUNTY COMMISSIONERS: Connie H. Douglas, Chairperson, Barbara Mattson, James J. Seward, Terry Weisenberg, George Opitz, ATTEST: Connie Atkinson, Auditor.

ORDER FOR ORGANIZATION AND INCORPORATION WHITEWOOD RURAL FIRE PROTECTION DISTRICT: Moved-Seconded (Opitz-Douglas) to approve and sign the following Order for Organization and Incorporation whitewood Rural Fire Protection District. Motion Carried. WHEREAS, the official election returns indicated the desire of the majority of the qualified electors to organize the fire protection district, and WHEREAS, the County Commissioners are satisfied with the legality of said election, NOW, THEREFORE, BE IT ORDERED, that we, the County Commissioners for Lawrence County declare the Whitewood Rural Fire Protection District, located in Lawrence County, to be organized and established to be a governmental subdivision of the State of South Dakota and a public body, politic and corporate effective for the 2002 tax year. BE IT FURTHER ORDERED, that the boundaries for said District be designated as closely as follows: LAWRENCE COUNTY: Sections 1, 2, 3, 10, 11, 12, 13, 14, 15, 21, 22, 23, 24, 25, 26, 27, 28, 33, 34, 35, 36, in Township 7 North, Range 4 East of the B.H.M.; Sections 1 through 36, inclusive, in Township 6 North, Range 4 East of the B.H.M., including the municipality of Whitewood, South Dakota; Sections 1, 12, 13, 24, 25 and 36 in Township 6 North, Range 3 East of the B.H.M.; and Section 2, 3, and 4 in Township 5 North, Range 4 East of the B.H.M., all in Lawrence County South Dakota. BE IT FURTHER ORDERED, that any parcels lying partially within and partially outside of the boundaries shall not be split for taxation purposes and the whole parcel shall be taxed as if it lied within said boundaries. Dated this 18 th day of December, 2001. LAWRENCE COUNTY COMMISSIONERS: Connie H. Douglas, Chairperson, Barbara Mattson, James J. Seward, Terry Weisenberg, George Opitz, ATTEST: Connie Atkinson, Auditor.

SUPPLEMENTAL BUDGET HEARINGS: FIRE ADVISORY: Moved-Seconded (Opitz-Mattson) to set a supplemental budget hearing for the 31 ST of December at 8:30 a.m. for the Fire Advisory Fund for Grants in the amount of $36,000. Motion Carried.

RESOLUTION #01-39 TO ADOPT A SUPPLEMENTAL BUDGET : A public hearing was held on a supplemental budget request for Road & Bridge Fund – Shop Building for $39,136 and the General Fund – Jail Board of Prisoners $30,000 and Jail Medical $10,000. The hearing was closed, no public input was present.

Moved-Seconded (Seward-Weisenberg) to approve the following Resolution #01-39 to Adopt a Supplemental Budget for Road & Bridge Fund – Shop Building for $39,136 and the General Fund – Jail Board of Prisoners $30,000 and Jail Medical $10,000. Motion Carried. RESOLUTION #01-39 TO ADOPT A SUPPLEMENTAL BUDGET: WHEREAS, the County Budget for Lawrence County, South Dakota, for the fiscal year 2001, failed to provide sufficient revenue to enable the County to conduct the indispensable functions of Government, and WHEREAS, the Board of County Commissioners of said County deems it necessary to make a Supplementary Budget, providing for appropriation in the amounts set out below. NOW, THEREFORE, be it RESOLVED THAT SAID BOARD, make, approve and adopt a Supplemental Budget for Lawrence County, South Dakota, for the year 2001, and that in said budget there will be and is hereby appropriated the following sum of money, to-wit: Road & Bridge Fund – Shop Building for $39,136 and the General Fund – Jail Board of Prisoners $30,000 and Jail Medical $10,000. The funds for the above amounts are to be provided from unappropriated cash balances and estimated revenue in the designated Fund. Be it further RESOLVED that a hearing was held on the 18 th day of December, 2001 at the hour of 8:45 o'clock, a.m. in the Commissioners' Room in the Administrative Office Building at 90 Sherman Street, Deadwood, Lawrence County, South Dakota, and that said Notice of Hearing was posted according to law, SDCL 7-21-22. IN WITNESS WHEREOF, we have hereunto set our hands and official seal of Lawrence County, this 4th day of December, 2001. LAWRENCE COUNTY COMMISSIONERS: Connie H. Douglas, Chairperson, Barbara Mattson, James J. Seward, Terry Weisenberg, George Opitz, ATTEST: Connie Atkinson, Auditor.

2002 LIQUOR LICENSE TRANSFER: Moved-Seconded (Weisenberg-Seward) to set a public hearing for the following transfer of Liquor Licenses for December 31, 2001 at 8:45 a.m.. Motion Carried. PREVIOUS LICENSE: RL-5793 & PL-4718 RON WICK, PONDEROSA BAR / NEMO GUEST RANCH, INC., Nemo, SD, Nemo Placer Mineral Survey 1368, Section 27, Township 3 north, Range 5 east, Lawrence County, SD. TRANSFER TO: TIM WICK; PONDEROSA BAR / NEMO GUEST RANCH, PO Box 54, Nemo, SD, Nemo Placer Mineral Survey 1368, Section 27, Township 3 north, Range 5 east, Lawrence County, SD.

CANCELED CHECK RESOLUTION 01-32: Moved-Seconded (Opitz-Seward) to approve the following Resolution #01-32 to cancel checks that have not been presented for payment within two years for a total of $1,785.52. Motion Carried. RESOLUTION # 01-32: WHEREAS the Lawrence County Auditor has presented the Lawrence County Board of Commissioners with a list of checks whereon the County of Lawrence is the Drawer, a copy of which list is attached hereto marked as Exhibit "A" and made a part hereof as though set forth fully herein, and WHEREAS each of the checks listed has not been presented for payment within two (2) years of the date upon which the check was issued, NOW, THEREFORE, BE IT RESOLVED by the Lawrence County Board of Commissioners, pursuant to SDCL 7-22-17, that the checks on said Exhibit "A" be and are hereby canceled and that the Lawrence County Auditor note such cancellation in the check register. DATED this 18th day of December 2001. BOARD OF COUNTY COMMISSIONERS: Connie H. Douglas, Chairman; James J. Seward, Barbara Mattson, George Opitz, and Terry Weisenberg. ATTEST: Connie Atkinson, Auditor.

9:00 AM: Moved-Seconded (Seward-Weisenberg) to go into executive session to discuss personnel. Motion carried. 9:12 AM: The Board reopened for regular business. No action was taken.

ABATEMENTS: DIANA ESKOLA: Moved-Seconded (Opitz-Douglas) to approve the abatement for Diana Eskola (Parcel #09650) Mobile Home that was moved from 1106 Roughlock Lane, Spearfish SD in August, 2001. Motion Carried.

SARAH LYNN MEISNER: Moved-Seconded (Weisenberg-Mattson) to approve the abatement for Sarah Lynn Meisner (Parcel #55045) Mobile Home that was moved from 1236 Spearfish Mountain Lane in June , 2001. Motion Carried.

STATE OF SOUTH DAKOTA: Moved-Seconded (Opitz-Douglas) to approve the abatement for the State of South Dakota on parcel #14000-00404-180-36 because the right of way was obtained by the State. Motion Carried.

SYLVIA & ARDEN TRANDAHL: Moved-Seconded (Seward-Mattson) to approve the abatement for Sylvia & Arden Trandahl on parcel #32030-03000-030-000 because the building was torn down April, 2001. Motion Carried.

COUNTY LIEN: The Board discussed a lien on AM. AM requested the Board release the lien and AM would sign a repayment agreement. Moved-Seconded (Weisenberg-Mattson) not to release the lien. Motion Carried.

BENCHMARK SUBDIVISION PLAT: Randy Deibert presented a Final Plat for the Benchmark Subdivision Plat. The Board noted the existing 40’ private access easement and questioned why the easement was not 66’. Deibert explained this was an existing easement that has already been discussed with the owners of the property. Currently the easement is only accessing an additional 3 lots and that meets the criteria. Deibert stated if the 3 lots were subdivided the owners would have to renegotiate an access agreement.

Moved-Seconded (Weisenberg-Seward) to approve the Final Plat of Benchmark Properties - Plat of Lot 2 and Lot 3 of Block 1; Lots 1 through 6 of Block 2; Lot 1, Lot 2 and Lot 4 of Block 3; Lot 3, Lot 5 and Park 1 of Block 4 of the Pines at Benchmark Subdivision, all located in Sections 11, 13 and 14, T3N, R4E, B.H.M. - Benchmark Road off of the Nemo Road. Motion Carried.

HOMESTAKE MINING COMPANY TECHNICAL REVISION: The following Resolution is in regards to the December 4 th Commission Meeting. Resolution No. 2001-38 Lawrence County Commission: WHEREAS, Homestake Mining Company desires to establish three (3) demolition debris disposal facilities; one, at Grizzly Gulch and two, at the Open Cut area, for the purpose of solid waste management; and WHEREAS, the Lawrence County Commission has approved siting the proposed facilities; and WHEREAS, the siting of these proposed facilities is not in conflict with any established zoning laws, Lawrence County Zoning Ordinance and Subdivision Regulations; and WHEREAS, Homestake Mining Company has filed solid waste applications with the South Dakota Department of Environment and Natural Resources (DENR); and WHEREAS, DENR will review the applications to determine that the facilities can be operated within the South Dakota laws and regulations; and WHEREAS, DENR may recommend the approval of the permit with conditions adequate to safeguard the environment; and WHEREAS, the Board of Minerals and Environment will review, modify, approve, or deny the permit if the tentative recommendations and/or conditions of the permit are contested by any interested party; and WHEREAS, the County Commission of Lawrence County is required by South Dakota Law SDCL 34A-6-103 to approve of a solid waste facility prior to the issuance of a solid waste permit; IT IS THEREFORE RESOLVED that the County Commission of Lawrence County hereby approves construction and operation of the proposed facilities to be operated under the terms of a solid waste permit to be issued by the Board of Minerals and Environment. APPROVED this 4 th day of December, 2001 by the Lawrence County Commission in regular session at the Lawrence County Courthouse. Connie Douglas, Chairman, Lawrence County. Attest: Connie Atkinson, Auditor

BILLS: Moved-Seconded (Seward-Opitz) To Approve Payment Of The Following Payroll And Authorize The Chairman To Approve The Vouchers Listed Below For Expenditures For Insurance, Professional Services, Publications, Rentals, Supplies, Repairs, Maintenance, Travel, Conference Fees, Utilities, Furniture And Equipment Drawn On The Proper Funds and Various Departments. Motion Carried. Payroll: Comm-$3,032.04; Aud-$4,457.58; Treas-$6,872.71; Comp-$4,246.78; States Atty- $9,119.15; Pub Def-$5,418.51; Gen Govt Bldg-$4,546.20; Equal-$8,256.77; Deeds-$5,113.99; Vso-$670.88; Dispatch-$9,254.28; Sher-$26,043.88; Jail-$16,846.42; Emerg Mgnt-$3,087.35; E911-$1,099.12; Highway-$28,206.26; Exten-$1,259.72; Weed-$1,413.67; Pz-$2,308.87; Bills: Dias,G-$320.00; Kosel,J-$46.08; Landeen,J-$41.76; Mattson,B-$114.40; Opitz,G-$868.62; Seward,J-$375.00; Smith,M-$27.36; Weisenberg,T-$85.80; A&B Welding Supply Inc-$125.33; A&J Supply-$35.21; Abc Business Supply Corp-$558.04; Active Data Systems Inc-$6,680.00; Alco Store Inc-$60.03; Altaire Enterprises Inc-$60.00; Amcon Distributing-$164.81; American Family Life Inc-$1,170.38; Amoco Oil Co-$201.96; Armstrong Extinguish Inc-$1,137.50; At&T-$66.27; Bb Codys-$51.73; Bh Chemical Company Inc-$553.30; Bh Collection Service Inc-$25.00; Bh Federal Credit Union-$6,823.29; Bh Fibercom-$1,490.25; Bh Medical Ctr Pharmacy Inc-$955.29; Bh Pest Control-$95.00; Bh Pioneer Inc-$544.17; Bh Power & Light Rapid-$6,359.50; Bh Truck And Trailer Inc-$31.75; Beardsley,M-$72.00; Blue Cross- $30,815.71; Buckstop Express Mart Inc-$44.00; Butler Machinery Co Inc-$7.36; Butte Electric Coop Inc-$202.51; Cameron Communications-$159.99; Cardinal Printing-$71.90; Cdw Government Inc-$3,489.00; Cellmark Diagnostics Inc-$855.56; Center Revolving Acct#376695- $25.00; Central Parts-$591.06; Chestnut Micro Llc-$1,122.88; Christensen Law Office- $1,021.75; City/County Alcohol &Drug-$570.00; Clarke,N-$453.72; Clinical Lab Of Bh Inc- $2,253.74; Coburn,B-$219.12; Community Health Services-$17.00; Computerland Inc-$35.00; Cooperative Extension Service-$383.18; Corral West-$26.95; Credit Collections Bureau-$30.00; Culligan Soft Water Serv Inc-$111.50; Cvd Construction Inc-$1,760.43; Dakota Graphics- $231.25; Dakota Laser Tech-$75.75; Dale's Tire & Retread Inc-$1,691.00; Danko Emergency Equip Co-$2,889.91; Davis,D-$475.00; Deadwood Recreation Center-$62.00; Deadwood Supply Inc-$100.18; Deadwood Vol Fire Dept-$2,000.00; Deckers Food Inc-$52.87; Dept Of Human Services-$60.40; Dept Of The Treasury-$35,010.34; Derosier,L-$219.12; Extension Service- $92.61; Fast Break Screen Printing-$311.00; Fiduciary Communications Co-$106.00; Frankman,R-$468.56; Frederickson,J-$24.10; Fuller Tellinghuisen Gordon-$2,058.67; Gene's Lock Shop Inc-$2.50; General Service Garage-$245.74; Golay,B-$594.20; Gold Dust Inc- $63.94; Great Western Tire Inc-$331.10; Grimm's Pump Service Inc-$187.20; Haivala Law Firm-$307.98; Havemeier,L-$20.70; Hawki,K-$30.04; Heisler Hardware Inc-$84.97; Hicks Terry Md-$352.00; Ibm Corp Sqh-$334.40; Ikon Office Solutions Inc-$232.86; Indiana Cash Drawer Co-$738.50; Insight-$982.00; Jacobs Precision Welding-$19.20; Kadrmas Lee And Jackson Inc-$2,913.89; Kar Products Inc-$743.68; Karpinen,S-$210.00; Kimball-Midwest Co Inc-$104.50; Knecht True Value Inc-$108.25; Kullbom,T-$143.00; Lc Centennial Inc-$433.80; Lc Sheriff-$132.28; Lawson Products Inc-$313.00; Lee,J-$15.00; Lewellyn,F-$35.00; M&T Fire Safety Inc-$2,072.00; Matthew Bender & Co Inc-$467.15; Mayer Radio Inc-$1,190.68; Mickelson,C-$182.60; Montana-Dakota Util-$242.96; Nh Drug Task Force-$9.24; Nh Family Ymca-$662.00; Nh Plaza-$254.00; Neighbors,J-$350.00; Nelson,T-$525.00; Nemo Volunteer Fire Dept-$639.25; Nicholas,C-$32.71; Northwest Pipe Fitt Inc-$79.21; Office Of Child Support-$284.50; Owens,G-$182.60; Paperdirect Inc-$62.92; Pennington Co Jail-$768.24; Pennington County Sts Attny-$200.00; Postmaster Deadwood-$65.00; Queen City Medical Center-$25.00; Queen City Rocket Lube-$74.05; Qwest-$2,058.46; Quill Corp-$369.13; Rc Finance Office-$420.00; Radio Shack/Kazco Inc-$195.92; Rand's Photo-$143.62; Rapid Delivery Inc-$11.00; Renka,R-$48.00l Reindl,S-$776.55; Sd Retirement System-$29,065.13l Sd State Treasurer-$240.00; Sd Acde-$110.98; Sd Acd-$800.00; Sd Supplemental Retirement- $874.50; Sand Creek Printing Inc-$15.00; Sanito Oil Inc-$1,331.76; Servall Towel & Linen Inc- $285.41; Snorteland,I-Da Marie-$1,941.52; Spearfish Auto Supply Inc-$361.36; Spearfish Motors Inc-$35.10; Spearfish Surgery Center-$25.00; State Disbursement Unit-$60.00; Texaco Inc-$32.92; Tigerdirect-$70.79; Trent,B-$593.88; Tridle,J-$100.00; U Bid Online Auction- $615.64; Verizon Wireless Inc-$339.56; Viking Office Prod-$40.17; Waste Connections Inc- $322.32; Weese,S-$1,555.30; West Group-$300.00; West River International Inc-$42.45; Western Communication Inc-$852.14; Western Sd Juvenile Serv-$3,903.12-Western Stationers- $600.12; Wienk,M-$385.88; Williams Standard Serv-$17.45; Wyoming Child Support Coll- $190.00; Xerox Corporation-$230.00; Findley,P-$51.74; Lloyd,L-$15.80; Benedict,L-$24.50; Gaines,Dr-$250.00; Witness & Juror Fees: Kahl,T-$21.60; Leiker,L-$110.00; Austfjord,K- $56.38; Benedict,T-$17.54; Collier,L-$10.58; Deis,D-$21.60; Goodwin,M-$60.44; Hight,L- $10.58; Kapust,M-$12.32; Mattox,A-$16.96; Tellinghuisen,A-$18.70; Vancas,J-$57.54; Vansco,S-$64.50; Ahl,J-$21.60; Baker,L-$18.70; Bulat,J-$58.70; Carrillo,B-$59.86; Coffield,M- $18.70; Doyen,D-$57.54; Enderby,W-$18.70; Freidel,M-$24.50; Fuller,B-$11.74; Gray,J- $12.90; Haataja,D-$18.70; Huber,M-$21.60; Jacobsen,S-$61.60; Kitzmiller,M-$21.60; Kruszynski,M-$24.50; Nelson,D-$25.66; Ragels,K-$17.54; Rosencranz,L-$61.60; Rowland,R- $56.96; Sweaney,J-$58.12; Vavruska,K-$58.70; Wagner,C-$11.74; Dubray,A-$56.38; Hodson,T-$58.70; Larson,M-$60.44; Merrow,C-$59.86; Sartorius,L-$59.28; Talsma,K-$58.70; Tisdall,R-$55.80; Wegenke,J-$59.86; Wellard,C-$51.16; Hauser,W-$21.60; Aberle,V-$12.32; Ausmann,W-$11.74; Baker,S-$21.60; Bancroft,B-$18.70; Bauernfeind,J-$11.74; Berryhill,M- $21.02; Callies,D-$21.60; Coughlin,C-$18.70; Dahl,S-$13.48; Deranleau,C-$61.60; Eddy,H- $18.70; Eid,P-$11.74; Ford,S-$11.74; Geffre,L-$58.70; Goetz-Taft,P-$20.44; Guilbert,S-$10.58; Hammerquist,D-$18.70; Heckel,V-$19.28; Heggem,J-$21.60; Heisz,D-$18.70; Langer,J-$18.70; Ludens,J-$19.86; Matthesen,D-$18.70; Mattson,R-$15.80; Mcinerney-Hall,P-$19.86; Meeker,A- $61.60; Montgomery,B-$19.28; Neighbours,M-$58.70; Neuharth,C-$55.80; Newlon,L-$52.90; Prince,R-$11.74; Solaas,C-$64.50; Sorenson,J-$10.58; Wangen,A-$56.96; Bruce,C-$19.28; Cottrill,J-$18.70; Farr,M-$55.80; Opstedahl,J-$19.86; Peterson,A-$18.70; Pfeifle,V-$66.82; Williams,B-$151.74

ADJOURN: 9:35 a.m. - There being no further business it was Moved-Seconded (Seward- Douglas) to adjourn. Motion Carried.

______DATE APPROVED

______CONNIE H. DOUGLAS, Chairperson ATTEST:

______CONNIE ATKINSON, Auditor

LAWRENCE COUNTY COMMISSIONERS MEETING – DECEMBER 31, 2001

Chairperson Connie H. Douglas called the regular meeting of the Lawrence County Commissioners to order at 8:00 a.m. on December 31, 2001 in the Administrative Annex Building of the Lawrence County Courthouse located at 90 Sherman Street, Deadwood, SD with Commissioners James J. Seward, Terry Weisenberg, and George Opitz present. Barbara Mattson, Absent.

All motions were passed by unanimous vote unless stated otherwise.

MINUTES: Moved-Seconded (Weisenberg-Seward) to approve the minutes of December 18, 2001. Motion Carried.

THE COMMISSION OBSERVED A MOMENT OF SILENCE FOR THE RECENT LOSS OF FORMER COMMISSIONERS RALPH (TUBBY) CARR AND DAVE RICHARDS

PERSONNEL: COMPUTER: Moved-Seconded (Seward-Weisenberg) to approve a rate increase for Randall McGruder at $16.07 an hour base, effective 1-1-2002. Motion Carried.

GENERAL GOVERNMENT BUILDINGS: Moved-Seconded (Opitz-Weisenberg) to authorize the advertisement for a full time Custodian I to fill an open position. Motion Carried.

TRAVEL REQUESTS: STATES ATTORNEY: Moved-Seconded (Seward-Opitz) to approve the travel request for Bruce Outka and Shelly Baumann to travel to Evanston, Wyoming from 1-1-2002 to 1-4-2002. Motion Carried.

COMMISSION: Moved-Seconded (Opitz-Seward) to approve Weisenberg to attend County Day at the Legislature on 1-23-2002 to 1-24-2002. Motion Carried.

CAPITAL PROJECTS FUND: Moved-Seconded (Opitz-Seward) to establish a capital projects fund for the Highway Shop and to transfer $800,000 from the General Fund to the Capital Projects Fund. Motion Carried.

HIGHWAY LABOR SUPPLEMENT: Moved-Seconded (Opitz-Weisenberg) to approve an automatic supplement of $33,909.30 for the Road & Bridge Budget (Road & Bridge Fund) for State, Federal, and Local government reimbursements that were unanticipated and occurred during 2001. Motion Carried

RESOLUTION #01-40 TO ADOPT A SUPPLEMENTAL BUDGET : A public hearing was held on a supplemental budget request for Fire Advisory Fund – Grants - for $36,000. The hearing was closed, no public input was present.

Moved-Seconded (Weisenberg-Opitz) to approve the following Resolution #01-40 to Adopt a Supplemental Budget for Fire Advisory Fund – Grants for $36,000. Motion Carried. RESOLUTION #01-40 TO ADOPT A SUPPLEMENTAL BUDGET: WHEREAS, the County Budget for Lawrence County, South Dakota, for the fiscal year 2001, failed to provide sufficient revenue to enable the County to conduct the indispensable functions of Government, and WHEREAS, the Board of County Commissioners of said County deems it necessary to make a Supplementary Budget, providing for appropriation in the amounts set out below. NOW, THEREFORE, be it RESOLVED THAT SAID BOARD, make, approve and adopt a Supplemental Budget for Lawrence County, South Dakota, for the year 2001, and that in said budget there will be and is hereby appropriated the following sum of money, to-wit: Fire Advisory Fund – Grants - for $36,000. The funds for the above amounts are to be provided from unappropriated cash balances and estimated revenue in the designated Fund. Be it further RESOLVED that a hearing was held on the 31 st day of December, 2001 at the hour of 8:30 o'clock, a.m. in the Commissioners' Room in the Administrative Office Building at 90 Sherman Street, Deadwood, Lawrence County, South Dakota, and that said Notice of Hearing was posted according to law, SDCL 7-21-22. IN WITNESS WHEREOF, we have hereunto set our hands and official seal of Lawrence County, this 31 st day of December, 2001. LAWRENCE COUNTY COMMISSIONERS: Connie H. Douglas, Chairperson, Barbara Mattson, James J. Seward, Terry Weisenberg, George Opitz, ATTEST: Connie Atkinson, Auditor.

COUNTY LIEN: The Board discussed a lien on AM. AM asked if the Board would accept an adjusted lump sum payment. The Board stated no adjustment would be made.

REQUEST FOR CONDITIONAL USE PERMIT #279 – MARY J. CRAWFORD – A public hearing was held on a Request for Conditional Use Permit #279 for Mary J. Crawford to allow for a Specialty Resort to include the following activities: weddings, retreats, meetings, special occasion parties, and family reunions – Eagle Ridge Estates, approximately 6 miles north of Deadwood off of the Maitland Road. Dick Reid was present and voiced support for the Conditional Use Permit. The Public Hearing was closed and the Board discussed concerns. Concerns were raised on the maximum number allowed at an event before notification of the Planning and Zoning Office and the maximum number allowed overnight were discussed.

Moved-Seconded (Opitz-Weisenberg) to approve Conditional Use Permit #279 for Mary J. Crawford to allow for a Specialty Resort with the following conditions. Motion Carried.

ATTACHED CONDITIONS: 1.The owners/operator shall comply with all applicable County, State, and Federal regulations regarding “Specialty Resort” operations. 2. The operator shall comply with state law SDCL 34-18 as pertaining to a “Specialty Resort”. 3. The operator shall contact the South Dakota State Health Department for an inspection of the facility and a license before starting the operation. 4. The operator shall be required to obtain a South Dakota Sales Tax License. 5. The following activities allowed in conjunction with the Specialty Resort shall be restricted to weddings, retreats, meetings, special occasions, parties, and family reunions not to exceed 250 people. 6. Any events or activities other than those stated above shall require the applicant or operator to contact the Office of Planning and Zoning. The event or activity, in some instances, may require pre-approval by the County Commission. 7. The owner shall provide in writing their manager’s name, address, telephone number and a number, in case of an emergency, to the Office of Planning and Zoning prior to opening the Specialty Resort. 8. Any new construction shall require a building permit from the City of Spearfish. 9. Any meals served at the Specialty Resort shall be provided by the operator or catered or cooked by one of the guests for only the guests. 10. The maximum number of overnight guest bedrooms shall be seven (7). 11. The maximum number of guests staying overnight at the specialty resort shall be fifteen (15) unless the existing septic system is re-engineered for a maximum allowance of twenty (20) overnight guests. The modified septic system shall be engineered and approved by a state registered professional engineer. The engineer’s approval letter shall be filed in the Lawrence County Office of Planning and Zoning. 12. There shall be no outdoor camping, including tents, campers, trailers, and recreational vehicles, allowed on this property to be used by the specialty resort guests. 13. Any music played during the activities or events as stated in this conditional use permit shall not be a nuisance to surrounding neighbors (SDCL 22-13-1). 14. If a daytime assembly has more than twenty-five (25) guests, a portable toilet will be required at the rate of one toilet per fifty (50) guests. 15. Water quality testing shall be conducted by the operator according to the South Dakota DENR Water Quality Division regulations and found to be safe for public consumption. 16. Any outdoor fireplaces shall comply with the guidelines as set by the South Dakota Division of Forestry. 17. A minimum of two (2) 10 lb. ABC fire extinguishers per floor and one (1) first aid kit shall be made accessible to the guests at all times. 18. Only one (1) on-premise sign shall be allowed on the property and conform to Section 4.2 of the Lawrence County Zoning Ordinance. 19. The owner/operator shall provide trash containers for the activities held within the Specialty Resort and be responsible for the removal of such trash. 20. All lights used for exterior illumination shall be directed away from any nearby residences and public roads. Outdoor decoration lights are allowed for planned events, activities and holidays. 21. Any parking pertaining to the operation shall comply with Section 4.1 of the Lawrence County Zoning Ordinance. The parking areas shall be graveled and located within designated areas. 22. One telephone shall be made available in case of emergencies. A list of emergency numbers including the sheriff’s department number shall be placed next to the phone. 23. Any change of property ownership, with the proposed transfer of this subject Conditional Use Permit, shall be reported immediately to the Office of Planning and Zoning. The new owner(s) shall meet with the Lawrence County Commission to review and accept the conditions of this Conditional Use Permit. 24. This permit shall be reviewed on an annual basis, or an as needed

basis should complaints arise to assure compliance with the attached conditions, at which time additional conditions may be attached. 25. If any term, condition or regulation stipulated in the Conditional Use Permit, the Lawrence County Zoning Ordinance or applicable state and federal regulations are not fully complied with in all respects, this permit may be reviewed and be suspended or revoked.

BILLS: Moved-Seconded (Weisenberg-Douglas) To Approve Payment Of The Following Payroll And Authorize The Chairman To Approve The Vouchers Listed Below For Expenditures For Insurance, Professional Services, Publications, Rentals, Supplies, Repairs, Maintenance, Travel, Conference Fees, Utilities, Furniture And Equipment Drawn On The Proper Funds and Various Departments. Motion Carried. Payroll: Comm-$3,032.04; Aud-$4,182.33; Treas-$6,363.42; Comp-$4,040.54; States Atty- $8,822.41; Pub Def-$5,239.07; Gen Govt Bldg-$4,324.43; Equal-$7,635.55; Rod-$4,781.51; Vso-$632.00; Disp-$6,870.06; Sher-$21,521.68; Jail-$12,715.16; Emerg Mgnt-$1,658.00; E911- $999.20; Highway-$25,247.88; Exten-$951.20; Weed-$1,494.42; P&Z-2,228.47; Bills: Atkinson,C-$109.20, Dias,G-$7.40; Eide,C-$9.00; Hulm,A-$118.62; 3d Specialties-$27,504.90; A&B Busines Equipment Inc-$980.00; A&J Supply-$2.64; The Abacus-$656.70; Abc Business Supply Corp-$349.63; Amcon Distributing-$179.22; American Red Cross-$3.00; Amsterdam Printing & Litho Inc-$116.55; Armstrong Extinguish Inc-$188.50; Bh Chemical Company Inc- $1,478.85; Bh Elevator Systems Inc-$402.04; Bh Federal Credit Union-$6,823.29; Bh Fibercom- $1,736.80; Bh Power & Light Rapid-$1,316.99; Bh Truck And Trailer Inc-$205.32; Beardsley,M-$28.70; Best Business Prod Inc-$33.37; Best Western Ramkota Inn-$148.00; Bickle's Truck & Diesel-$42.88; Bouchie,D-$13.35; Brevik,M-$87.79; Business Computer Serv Inc-$1,160.00; Butler Machinery Co Inc-$135.00; Butte County Sheriff-$8.20; Carlson,D- $15.00; Cellular One-$59.65; Chematox Inc-$50.00; Coley,M-$60.00; Credit Collections Bureau-$30.00; Culligan Soft Water Serv Inc-$20.00; Cvd Construction Inc-$445.50; Dakota Laser Tech-$28.00; Deadwood Lumber Company Llc-$31.75; Deadwood Vol Fire Dept- $2,000.00; Delahoyde's Paint & Body-$535.00; Dept Of The Treasury-$29,480.92; Dietrich,D- $105.32; Division Of Motor Veh-$18.00; Domestic Crisis Outreach-$360.00; Executone Of The Bh Inc-$229.50; Frederickson,J-$1,131.60; Great Western Tire Inc-$316.76; Greens Alignment- $215.78; Haywire Fencing-$2,477.24; Hills Material Comp Inc-$643.92; Ikon Office Solutions Inc-$91.61; Insight-$936.55; Jh Hilt Engineering Inc-$720.12; Johnson Ford Inc-$17.24; K Mart-$5.10; Ken's Camper Sales-$12.25; Lc Centennial Inc-$751.66; Lc Extension-Petty Cash- $19.02; Lc Sheriff-$13.92; Lawson Products Inc-$31.17; Lead City Of-$1,305.00; M-R Sign Co Inc-$1,287.50; Mailworks Plus-$60.00; Mattox,R-$703.28; May,Johnson,Doyle& Becker Inc- $157.90; Micro X-Press-$2,372.00; Mid States Organized-$75.00; Mobility Concepts-$3,614.00; Montana Dakota Util-$317.39; Morman Law Firm-$279.31; Nh Drug Task Force-$1,120.00; Neighborhood Housing Services-$324.00; Neve's Uniforms Inc-$49.95; Northwest Pipe Fitt Inc- $225.52; Office Max-$449.97; Office Of Child Support-$284.50; Office Technology Supply- $130.00; Pennington Co Auditor-$22.00; Pennington County Sheriff-$52.00; Pheasantland Industries-$605.89; Phillips Petroleum Co Inc-$20.52; Pitney Bowes Inc-$736.69; Pronto Auto Supply-$36.27; Queen City Medical Center-$25.00; Qwest-$44.15; Quill Corp-$20.73; Rc Journal Inc-$170.00; Rc Medical Center-$44.80; Rc Regional Hospital Inc-$362.00; Radio Shack/Kazco Inc-$2,645.82; Reliable Inc-$239.51; Sd Cvso-$50.00; Sd State 4-H Office-$36.80; Sd Supplemental Retirement-$849.50; Sand Creek Printing Inc-$440.00; Sanito Oil Inc- $2,775.88; Servall Towel & Linen Inc-$190.89; Slowey,Y-$120.00; Snorteland,I-$9.54; Software House Inter Inc-$1,735.00; Spearfish Motors Inc-$129.97; Spearfish Surgery Center- $25.00; Spencer Industries Inc-$680.78; State Disbursement Unit-$60.00; Summit Signs & Supply-$3,089.00; Teen Court Inc-$3,091.87; Texaco Inc-$60.47; The Wrench Specialties- $168.00; Tigerdirect-$38.38; Trimble Navigation Limited-$5,457.00; Triple K Tire & Repair- $1,852.95; Twin City Hardware & Lumber Inc-$671.72; Tymkowych,N-$105.00; Ubid Online Auction-$455.64; Us Geological Survey-$11,300.00; Verizon Wireless Inc-$184.63; Victims Of Violence-$360.00; Walmart Store Inc-$605.61; Walser,B-$15.00; Worldcomm Mci Inc-$393.77; Wyoming Child Support Coll-$190.00; Jurors & Witness Fees: Benedict,L-$24.50; Pierce,T- $21.74; Groce,J-$50.58; Kahl,T-$50.30; Goodrich,B-$21.74; Albrandt,R-$58.70; Austfjord, K- $16.38; Baker,M-$58.70; Buehner,C-$58.70; Buxton,J-$58.70; Carr,D-$10.58; Coffield,C- $18.70; Cudmore,J-$53.48; Deshazo,C-$18.70; Fierro,J-$22.76; Furois,K-$55.80; Gesinger,G- $58.70; Haugen,S-$13.48; Hight,L-$10.58; Kenzy-Ulmer,K-$18.70; Long,T-$11.74; Mueller,M- $21.60; Pavich,F-$59.28; Pierce,R-$18.70; Rowe,C-$58.70; Takacs,J-$18.12; Tellinghuisen,A-

$18.70; Uttke,E-$61.60; Vancas,J-$17.54; Boblett,M-$28.70; Adam,G-$58.70; Baker,L-$19.86; Barden,S-$15.80; Bridenstine,C-$11.74; Collins,J-$18.70; Cudmore,L-$21.60; Devries,M- $51.74; Finley,E-$20.44; Franco,R-$11.74; Hallan,J-$61.60; Harrington,K-$24.50; Hartl,M- $18.70; Huck,R-$56.96; Keene,J-$50.58; Kellogg,S-$18.70; Korvela,J-$19.28; Lannen,S- $17.54; Lehto,J-$12.32; Mayer,W-$52.90; Meyer,C-$58.70; Peterson,J-$18.70; Rech,B-$63.92; Ross,R-$51.74; Schroeder,J-$18.70; Steffen,S-$12.32; Titus,M-$52.32; Wannarka,M-$17.54; Wold,L-$19.28; Yard,H-$21.60; Mollman,A-$60.44; Aberle,V-$52.32; Ausmann,W-$11.74; Baker,S-$21.60; Bancroft,B-$58.70; Berryhill,M-$61.02; Callies,D-$61.60; Dahl,S-$53.48; Deranleau,C-$21.60; Eddy,H-$18.70; Eid,P-$11.74; Ford,S-$11.74; Geffre,L-$18.70; Goetz- Taft,P-$60.44; Guilbert,S-$10.58; Hammerquist,D-$58.70; Heckel,V-$19.28; Heggem,J-$61.60; Heisz,D-$18.70; Langer,J-$58.70; Ludens,J-$59.86; Matthesen,D-$58.70; Mattson,R-$15.80; Mcinerney-Hall,P-$59.86; Meeker,A-$21.60; Montgomery,B-$19.28; Neighbours,M-$18.70; Newlon,L-$12.90; Prince,R-$11.74; Solaas,C-$25.66; Sorenson,J-$10.58; Wangen,A-$16.96; Pfarr,M-$75.00; Littleton,D-$75.00; Alexander,M-$14.06; Berg,J-$43.20; Bing,J-$20.29; Corkins,L-$20.58; Corkins,T-$20.58; Diehm,M-$28.70; Doud, J-$28.70; Fancher,A-$53.64; Fisher,R-$22.32; Goodrich,S-$21.74; Hatch,D-$28.70; Hodges,G-$27.54; Hodges,L-$30.44; Holmes,A-$22.90; Kiefer,M-$27.54; Konst,T-$28.70; Listman,J-$25.80; Lyden,V-$28.70; Meyer,L-$339.00; Miranda,A-$26.96; Rook,L-$27.54; Sechser,J-$37.40; Uthe,S-$25.80; Varland,A-$27.54; Charlson,S-$58.70; Fleming,P-$12.32; Costner,S-$15.80; Fuqua,A-$61.60; Young,D-$19.28; Taylor,J-$285.00

ADJOURN: 10:10 a.m. - There being no further business it was Moved-Seconded (Opitz- Weisenberg) to adjourn. Motion Carried.

______DATE APPROVED

______

ATTEST:

______CONNIE ATKINSON, Auditor