Custer County Commissioner Meeting June 8th, 2010

Chairman Hazeltine called the meeting to order at 8:00 a.m. with the Pledge of Allegiance. Travis Bies, Jim Lintz, Phil Lampert, Mark Hartman, Tracy Kelley, State’s Attorney and the Auditor were present. Chairman Hazeltine approved the agenda with the following addition: Jim Lyndoe, Maintenance Supervisor, at 9:00. In the following proceedings, all action taken was first duly moved and seconded, received a unanimous vote of the Commissioners without dissenting vote or abstention, unless otherwise stated. Minutes The Board moved to approve the minutes of the May 25th and June 1st Commission meetings as presented. Motion carried. Declaration of Conflict of Interest-None Gary Woodford, Highway Superintendent -Cheyenne River Bridge- DOT contacted Gary about the availability of a Transportation Investment Generating Economic Recovery, or TIGER, grant program. Eligible projects include highway or bridge work normally funded under programs like the Surface Transportation Program. Nicole Prince with the Department of Safety is assisting in completing the grant application. -The Board moved to authorize the Chairman to sign the funding exchange agreement with the SD Department of Transportation to exchange Custer County’s STP funds for state highway funds in the amount of $174,398.56. Motion carried. These funds can only be used for the purpose of constructing and maintaining highway and bridges under the County’s jurisdiction and control. Rick Wheeler, Sheriff -Rick Wheeler requested approval of the hire of Dan Engen as a full time deputy effective June 6th, 2011 at a starting wage of $17.70 per hour which allows for 6 years of experience. The Board moved to approve the hire. Motion carried. David Green, Planning Neugebauer Brothers Dairy is proposing to partition off/subdivide a 12± acre lot to be developed as an outdoor theater (drive-in) complex. The legal description is: Balance of S2 (including Govt. Lots 3/4) Section 30, T2S, R8E, Black Hills Meridian, Custer County, South Dakota (241.85 acres). The Board reviewed the Access Map application describing the creation of a new parcel. The Board discussed the land subdivision and the proposed land use. Issues discussed included access, road standards, floodplain development, on-site wastewater requirements and water supply. The Board agreed to waive the platting of the lot but required that legal access to the parcel be established. The Commissioners moved to approve the land subdivision as recommended by the Planning Commission. Motion carried. In discussing the proposed land use as a drive–in theater complex the Board agreed that prior to any building permits being issued that all necessary local, state and federal requirements be appropriately addressed by the developer. The Board also discussed the necessity for roads to meet County standards. Marvin Neugebauer, representing the Neugebauer Brothers Dairy, stated that they have a road building contractor prepared to improve Tenaya Lane and the access road to the parcel. Tim Behlings, Fire Inspector, advised that the existing 2” water line along with a fire suppressing sprinkler system would suffice for providing fire protection. After giving consideration to the recommendations of the Custer County Planning Commission, the Town of Hermosa, and the Fire Inspector, the Commissioners moved to approve the land use proposal. Motion carried. Jim Lyndoe, Maintenance Supervisor -The Board asked Jim to look for a used mower for the airport. He checked at Federal Surplus and did not find anything. Jim is going to check with the highway department to see if they have equipment that could be used at the airport for mowing purposes. The Board moved to authorize the Stites to purchase a manual tow bar for the airport. Motion carried. Mail Call/General Business -The Board acknowledged the following: An invitation from Forest Service to attend a meeting on June 14th in Hill City to discuss issues to improve the off-highway vehicles route connections in the Black Hills and an invitation to attend a meeting to discuss the initial results of work

1 addressing the mountain pine beetle epidemic on June 14th in Rapid City; a thank you letter from Don Tye for interview for airport manager; an apology letter from the individual that did the tire slashing on county vehicles; and notice of a Black Hills Association of County Commissioners and County Officials meeting Friday, July 29th in Sturgis. Monthly Reports The Board acknowledged the following reports. - Register of Deeds May 2011 statement of fees with $510.00 collected in state fees, $5,516.43 for county fees for a total of $6,026.43. -The Auditor’s report with the Treasurer for May 2011 as follows: Cash $2,808.59; Checks/ Drafts <3days $29,624.16; Checks/Drafts >3 days $1,050.00; 1st Interstate Bank checking $135,961.55; 1st Interstate Bank Savings $2,833,551.19; 1st Interstate Bank Flex $58,116.09; ED Jones MM $225,575.05; 1st Interstate Investment $35,830.59; TELCO Checking $208.03; TELCO TIIA $24,475.58; TELCO Savings $79,763.81;Highmark Investment $147,023.19; Highmark Savings $10,158.21; Highmark Checking $5,000.00; Accrued Interest $2,598.83, ED Jones $3,919,507.87 for a total of $7,511,252.74. - Custer County Sheriff’s May 2011 report: $120.00 fingerprints; $32.00 accident reports; $75.00 pistol permits; $224.98 in mileage; $735.00 service fees; $25.00 distress warrants;$206.00 executions; $1,229.00 from 24/7 Program; $33.24 fees & postage; $50.00 levy fees; $50.00 sheriff sale; $25.00 processing fee for a total $2,805.22 submitted to Custer County Treasurer. Indigent -An application was received for $600.00 in rental assistance. The Board moved to approve the request upon receipt of a signed promissory note for repayment. Motion carried. Abatement/Refunds -Abatement 1014A-Kainz Contractors, Inc. made application for abatement of taxes payable in 2011 for $118.32 on parcel 900361 because the mobile home was removed January 2010 and should not have been registered for 2011. The Board moved to approve the abatement. Motion carried. -Abatement 1015A-Bank West made application for abatement of taxes payable in 2011 for $1300.08 on parcel 14579. The mobile home tax was paid by advanced tax and should not have been taxed with the property as well. The Board moved to approve the abatement. Motion carried. Order to Incorporate Paramount Point Road District. The Board moved to approve the Order to Incorporate for Paramount Point Road District. Motion Carried. ORDER TO INCORPORATE Pursuant to SDCL 31-12A-11 and the verified statement being presented to the Custer County Commissioners on this date, and the Board of County Commissioners being satisfied that legalities of the election have been met. IT IS HEREBY ORDERED that Paramount Point Road District described as Paramount Point Subdivision Plat of Lots 1-24 inclusive, Lot Access, and Common Lot A, Paramount Point Subdivision (Formerly Lot 1 East Hills Subdivision), all located in W ½ NE ¼ and SE ¼ NE ¼ Section 30, T2S, R8E, BHM, Custer County, South Dakota. Is incorporated and this Order shall be conclusive of the fact of such incorporation in all suits by or against such road district Dated this 8th day of June 2011. The vote of the May 31st, 2011 election was 5 in favor of the incorporation of the road district and 1 against for a total of 6 votes. Meeting Schedule - A meeting with the Custer County Fair Board will be held on June 14th at Lintz Pizza in Hermosa at 7:00 p.m. Human Resources/Personnel Executive Session-Personnel -Action was taken to go in and out of executive session for personnel. The session began at 9:20 a.m. and adjourned at 9:30 a.m. No action taken. -Bill Kirsch requested approval of a $.50 per hour raise for weed applicators that have completed their certification. Tony Collins and Thomas Verden qualify for the raise from $9.75 to $10.25. The Board moved to approve the request. Motion carried. Airport Manager Contract

2 -The Board moved to authorize the Chairman to sign the amended Custer County Airport Manager Contract with Mark and Shannon Stites. Motion carried.

Automatic Supplement -The Board moved to approve an automatic supplement to expense account 226-111-434.30 for $6,363.50 and to revenue account 226-0-331.01 for $6,363.50 for the purchase of sirens. Motion carried. The total cost of the sirens is $12,727.00 and the City of Custer will pay half. Unfinished Business -Black Hills Recovery Network asked the county for a pledge to help cover the $30,100.00 for Phase 2 of the Hermosa Floodplain Mapping and Drainage Master Plan at the last meeting. After some discussion the Board moved to not participate in funding the flood study. Motion carried. New Business -Chairman Hazeltine asked Tracy Kelley, States Attorney, to get a letter of response from Federal Aviation Administration regarding activity and storage regulations for airport hangars. Vouchers -The Board moved to approve the vouchers as presented. Motion carried. PAYROLL: COMMISSIONERS 6,227.72; AUDITOR 11,087.36; TREASURER 13,336.32; IST 4,055.42; ST ATTORNEY 14,086.75; BUILDING 9,564.24;DOE 10,533.83;ROD 9,569.01; VETERANS 2,319.96; SHERIFF 50,462.85;AIRPORT 31.12; NURSE 1,153.91; LIBRARY 11,116.95 INCLUDES TRAVEL 33.30; EXTENSION 1,900.35; SOIL 633.44; WEED 10,121.92; PLANNING 5,544.41 INCLUDES; HIGHWAY 56,694.85 INCLUDES SUPPLIES 7.97; EMERGENCY MGMT 4,718.09; 24/7 SOBRIETY 602.02; 911 EM 22,619.32; COURTHOUSE PROJECT 6,219.87. TOTAL PAYROLL $252,599.71. G ZIOLKOWSKI CONTRACT 600.00, SHELTER FOR APRIL 37.00; COBRA ESCROW 176.53, A.RIFKIN CO 1613.60 5/12/11 2062645 BALLOT BAGS. -Chairman Hazeltine left the meeting at 10:10 a.m. and Vice Chairman Bies presided. -Vice Chairman Bies adjourned the meeting at 11:00 a.m. with the next meeting being held June 22nd, at 8:00 a.m. in the Commissioner’s Room of the Courthouse Annex.

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Attest: David Hazeltine, Chairman

Linda Nelson

Published once at the total approximate cost of______.

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