LAWRENCE COUNTY COMMISSIONERS MEETING – January 2, 2008

James J. Seward called the regular meeting of the Lawrence County Commissioners to order at 8:00 a.m. on January 2, 2008 in the Administrative Annex Building of the Lawrence County Courthouse located at 90 Sherman Street, Deadwood, SD with Commissioners, Connie H. Douglas, Bob Ewing, Tommy Thompson, and Terry W. Weisenberg, present.

All motions were passed by unanimous vote, by all members present, unless stated otherwise.

AGENDA: Moved-Seconded (Weisenberg-Ewing) to approve the agenda as amended. Motion Carried.

2008 ANNUAL APPOINTMENTS & DESIGNATIONS

CHAIRPERSON OF COUNTY COMMISSIONERS: Moved-Seconded (Ewing-Thompson) to appoint Commissioner Weisenberg as the Chairperson of the Lawrence County Commissioners for 2008. Motion Carried.

VICE-CHAIRPERSON OF COUNTY COMMISSIONERS: Moved-Seconded (Douglas- Seward) to appoint Commissioner Ewing as the Vice-Chairperson of the Lawrence County Commissioners for 2008. Motion Carried.

BOARD OF ADJUSTMENTS: Moved-Seconded (Douglas-Thompson) to appoint Connie H. Douglas, Bob Ewing, James J. Seward, Tommy Thompson, and Terry W. Weisenberg as the Board of Adjustment for 2008. Motion Carried.

LEGAL NEWSPAPERS: Moved-Seconded (Douglas-Seward) to designate the B.H. Pioneer and the Lawrence County Journal as the legal newspapers for 2008. Motion Carried.

SHERIFF'S OFFICE POSITIONS: Moved-Seconded (Seward-Ewing) To restate the full time positions in the Lawrence County Sheriff's office for 2008 as follows: (1) Chief Deputy (1) Captain, (1) Lieutenant, (2) Squad Sergeant, (5) Deputies, (2) Detectives, (2) Process Servers, (4) Office Personnel (11) Jailers, (1) E911 Coordinator, and (7) Dispatchers. Motion Carried.

INDIGENT FUNERAL EXPENSE: Moved-Seconded (Seward-Weisenberg) to set the standard burial fee at $2,210 and continue the remaining 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 (Ewing-Weisenberg) to appoint Commissioner Seward as representative for 2008; and appoint Travis Lantis for a five-year term to end 1-2013. Motion Carried. Moved-Seconded (Seward-Thompson) to appoint Weisenberg as the Commissioners alternate for 2008. Motion Carried.

EMERGENCY MANAGEMENT LOCAL EMERGENCY PLANNING COMMITTEE AND EMERGENCY OPERATIONS PLAN: Moved-Seconded (Thompson-Seward) to appoint Commissioner Ewing for 2008. Motion Carried.

EXTENSION BOARD: Moved-Seconded (Seward-Ewing) To appoint Robin Dirksen, Marla Loken, Stephanie Crowley, Joanne Goodrich, Roxie Tetrault and Richard Sleep for a one-year term to expire 1-2009; and to appoint Commissioner Thompson for a one-year term to expire 1-2009. Motion Carried.

FAIR BOARD: Moved-Seconded (Seward-Weisenberg) to appoint Ky Simmons for a (3) year term to expire 1-2011; and to appoint Commissioner Thompson for 2008. Motion Carried.

HOUSING & REDEVELOPMENT COMMISSION: Moved-Seconded (Seward-Thompson) to appoint Jeanna Dewey to the Housing and Redevelopment Commission for a (5) year term to expire 12-31-2012. Motion Carried.

INSURANCE COMMITTEE: Moved-Seconded (Seward-Weisenberg) to appoint Commissioner Douglas for 2008. Motion Carried.

INVASIVE SPECIES MANAGMENT: Moved-Seconded (Douglas-Weisenberg) to appoint Richard Sleep and Jerry Boyer for a three-year term to expire on 1-2011; and appoint Commissioner Ewing for 2008. Motion Carried.

PLANNING & ZONING BOARD: Moved-Seconded (Seward-Thompson) to appoint Commissioner Ewing for 2008 and Commissioner Weisenberg as alternate for 2008; and to appoint Marty O’Dea, and Barbara Mattson for a five year term to expire 1-2013. Motion Carried.

PUBLIC DEFENDER: Moved-Seconded (Seward-Weisenberg) To appoint Commissioner Ewing, Commissioner Weisenberg and Jerry Apa to the Public Defender Board for 2008. Motion Carried.

B.H. COUNCIL OF LOCAL GOVERNMENTS: Moved-Seconded (Seward-Ewing) to appoint Commissioner Weisenberg as Representative and Commissioner Douglas as Alternate for 2008. Motion Carried.

LAWRENCE COUNTY REVOLVING LOAN FUND: Moved-Seconded (Seward-Thompson) to appoint Terry Weisenberg, Marlene Barrett, Blaise Emerson and Joe Peterson to the Lawrence County Revolving Loan Fund Board for 2008. Motion Carried.

LIBRARY BOARD: Moved-Seconded (Seward-Weisenberg) to appoint Commissioner Thompson for 2008. Motion Carried.

SPEARFISH ECONOMIC DEVELOPMENT BOARD: Moved-Seconded (Seward-Weisenberg) to appoint Commissioner Douglas to the Spearfish Economic Development Board for 2008 and Commissioner Seward as the alternate for 2008. Motion Carried.

STATE DIVISION OF FORESTRY CONTACT PERSON / RANGE LAND FIRES: Moved- Seconded (Douglas-Thompson) to appoint Chairperson Weisenberg and Emergency Management Director, Paul Thomson for 2008. Motion Carried.

MULTIPLE USE COMMITTEE: Moved-Seconded (Seward-Thompson) to appoint Commissioner Ewing to the Multiple Use Committee for 2008. Motion Carried.

WESTERN SD COMMUNITY ACTION: Moved-Seconded (Douglas-Weisenberg) to appoint Ida Marie Snorteland for 2008. Motion Carried.

LEAD OPERA HOUSE: Moved-Seconded (Douglas-Ewing) to appoint Commissioner Weisenberg to the Historic Lead Opera House Board for 2008. Motion Carried.

BH CENTRAL RESERVATIONS: Moved-Seconded (Ewing-Seward) to appoint Commissioner Weisenberg to the BH Central Reservation Board for 2008. Motion Carried.

TIMBER COMMITTEE: Moved-Seconded (Thompson-Weisenberg) to appoint Commissioner Seward as the Commission Liaison to the Timber Committee for 2008. Motion Carried.

AG COMMITTEE: Moved-Seconded (Seward-Weisenberg) to appoint Leo Orme to the Agriculture Committee for a three year term to expire 12/31/2010. Motion Carried.

WILDLIFE, RECREATION & TOURISHM COMMITTEE: Moved-Seconded (Seward-Ewing) to appoint Fred Nelson to the Wildlife, Recreation and Tourism Committee for a three year term to expire 12/31/2010. Motion Carried.

LOCAL RULE OF ORDER: Moved-Seconded (Seward-Weisenberg) to adopt the local rule of order requiring three commission members approval to pass a motion for 2008. Motion Carried.

RULES OF ORDER: Moved-Seconded (Douglas-Seward) to adopt the Modern Edition of Roberts Rules of Order for 2008. Motion Carried.

2008 WAGES & SCALES: Moved-Seconded (Douglas-Thompson) to accept the following 2008 longevity pay policy, wage scales, and wages for the salaried personnel and per hour for hourly personnel, unless stated otherwise, effective December 23, 2007. Motion Carried. LONGEVITY PAY: Longevity pay will be awarded to permanent employees who have been employed for a minimum of five (5) years. Eligibility takes place on anniversary date of 5 th year of employment, with increases on the 10 th year of employment, 15 th year of employment, and 20 th year of employment. Longevity pay schedule is as follows: 5 Years -1 cent per hour for each year of employment; 10 Years- 2 cents per hour for each year of employment; 15 Years-3 cents per hour for each year of employment; 20 Years- 4 cents per hour for each year of employment. Elected Officials are eligible for longevity pay. Elected County Commissioners are not eligible for longevity pay. Seasonal employees working consecutive years are eligible for longevity pay.

2008 WAGES (per SDCL 6-1-10): Commissioners: Douglas, Connie-10,217.91; Ewing,Bob- 10,217.91; Tommy Thompson-10,217.91; Seward,James-10,217.91; Weisenberg,Terry-10,217.91; Barrett,Marlene-48,100.96; Outka,Bruce-53,555.55. Auditor: Atkinson,Connie-55,587.79; McGruder,Brenda-17.91; Nelson,Melody-14.96; Podoll,Keri-12.01; Sargent,Debbie-14.50. Treasurer: Tridle,Debora-51,143.73; Atkinson,Sally-14.80; Brownlow,Carleen-11.32; Haupt,Janice-15.00; Peck,Ina-14.43; Sandvig,Sandra-11.32; Sjomeling,Carol-17.04. Computer: Dias,Gregory-63,208.65; Leatherman, Debra-$14.94; McGruder,Randall-21.89 . States Attorney: Fitzgerald, John-67,837.61; Baumann,Michelle-18.36; Fox, Teryl M.-$12.41, Lopez,Amber $53,555.55; Silvernail,Janice-15.36; Stoflet,Margie-15.81; Thompson,Katie-40,170.00; Yapp,Brenda-40,170.00. Public Defender: Whitcher,Eric-59,482.50; Beving,Jennifer-45,268.50; Pike,Matthew-$49,594.50; Smith,Molly-18.72; Turnbow,Jamie-$15.81. Maintenance: Frerichs,Richard-22.42; Carr,Zoe-12.75; Caserio,Clifford-17.25; Lee,Laura-10.65; Mattson,Robert- 11.32; Varland,Robyn-10.57. Director of Equalization: Piekkola,Darlene-60,119.75; Bridenstine,Nancy-15.35; Carrico,Linda-14.91; Ehnes,Tamera-13.15; Hodson,Timothy-15.17; Runge,Brett-$16.80; Sandvig,Scott-17.99; Symonds,Carmen-15.48; Woodle,Sharon-15.20; Writer,Jason-17.17. Register of Deeds: Meverden,Judy-$51,125.49; Feterl,Florence-14.48; Green,Sheree-16.58; Hansen,Davida-12.41; Slane,Mary-15.23. Veterans Service Officer: Locken,William-$28,216.98. Sheriff: Mowell, Richard-62,184.17; Harmon,Joe-54,625.05; Black,Sue-16.30; Dragoo,Shelley-15.47; Fitzgerald,Megan-15.47; Fitzgerald,Sara-15.47; Fredericksen,Lori-15.47; Greeley,Laurie-15.47; Hamilton,Marian-15.92; Schumacher,Kristy- 15.52; Steffen,Peggy-15.47; White,Richard-$15.54; Asheim,Roger-11.40; Bell,Zachariah-13.45; Chavez,Michael-19.91; Cook,Ryan-19.91; Davis,Judy-16.79; Dean,Brian-22.32; Fouty,Kenneth- 13.16; Gabriel,Larry-17.21; Goetsch,Julie-11.40; Goetsch,Martin-21.17; Hagerty,Richard-16.74; Hansen,Paul-20.79; Jansevics,Jake-13.16; Kaiser,Daniel-13.16; Leveque,Victor-19.60; Little,Tavis-20.70; Mykleby,Geraldine-14.72; Nelson,Kesha-16.06; Nicholas,Verla-11.40; Rear, Kay-11.40; Ruffatto,Robert-19.91; Shafer,Mike-20.59; Siedschlaw,Robert-13.16; Thompson,Colin-15.21; Utecht,Jerome-13.16; Utecht,Julie-11.40; Vrem,Laurie-14.49; Walker,John-19.60; Williams,Robert-19.30; Berndt,Wendy-15.47; Brady,Daniel-15.47; Brennan, Seth-15.54; Culver,Kim-15.54; Finnesand,Ashlee-15.47; Fish,Kevin-15.47; Harris,Katrina-15.47; Jones,Scott-15.16; Kellogg,Susan-15.52; Kotak,Joe-12.52; Leighty,Brooke-19.91; Leighty,Jennifer-12.85; McGruder,Wade-15.47; Mckee,Angela-16.08; Reichert,Korey-13.45; Rogers,Amberly-15.47; Rosenau,Randall-21.62; Trentz,David-15.47; Waldner,Dawn-15.47; Williams,Robert C.-15.98. Coroner: Rosenau,Randall-58.00 Call; Isburg,Damon-58.00 call. Emergency Management: Thomson,Paul-48,885.30; Larson,Rene-$14.78. E911: Sandvick,Thomas-18.66; Highway: Birk,Richard-$59,482.50; Agena,Timothy-18.54; Barret,Tim- 18.16; Bey,John-22.51; Burleson, Norman-18.33; Dahl,Dennis-19.05; Eide,Curtis-19.01; Engel,Paul-18.14; Fystro,Terry-19.01; Grenstiner,Edwin-19.37; Harper,Jeffrey-18.09; Heying,Bradley-18.37; Hudson,Roger-18.18; Keller,Robert-18.14; Larimore,Mark-18.09; Lensegrav, Richard-18.60; McCormick,Robert-23.06; Patino,Mark-18.16; Ryan,Steve-22.90; Silvernail,Dennis-18.93; Vandenberg,Maria-13.43; Wright,Bonnie-17.83. Airport: Harmon,James- 15.21; Clarke,Neil-40.00 meeting; Deweese,Rodney-40.00 meeting, Golay-Robert-40.00 meeting; Gullilckson,Scott-40.00 meeting; Lantis,Travis-40.00 meeting. Mental Health Board: Johns,Timothy-$80.00; Strawn,Eric-80.00, Seward,JamesD.-80.00. Extension: Bertch,Alyce-15.91; McGuinness,Sherry-11.32; Rahja,Carol-11.32. Rombought,Debra-per diem; Weed: Heck,David- 41,512.41; Baker,Paul-40.00 meeting; Boyer,Jerry-40.00 meeting; Gray, William-$11.43; Klipfel, Brittney-$11.43; Niesent,Ronald-40.00; Popowski,John-40.00 meeting; Schneider, Shad-$11.43; Sleep,Richard-40.00 meeting; Sophusson,Marvin-40.00 meeting; Tetrault, Tanner-$11.43. Planning&Zoning: Vogt,Amber-37,080.00; Schulz,Sherryl-13.35; Brady,Thomas-40.00 meeting; Coburn,William-40.00 meeting; Mattson,Barbara-40.00 meeting; Mickelson,Criag-40.00 meeting; O’Dea,Marty-40.00 meeting; Tysdal,Richard-40.00 meeting. NEWLY ELECTED BASE 2008 BASE SDCL # AUDITOR $ 27,305.00 SDCL 7-7-9.1 TREASURER $ 27,305.00 SDCL 7-7-9.1 REGISTER DEEDS $ 27,305.00 SDCL 7-7-9.1 STATES ATTORNEY $ 54,400.00 SDCL 7-7-12 SHERIFF $ 38,519.00 SDCL 7-12-15

RESOLUTION #08-01 / ELECTION OFFICIALS COMPENSATION : Moved-Seconded (Ewing-Weisenberg) to approve the following Resolution #2008-01 Election Officials Compensation. Motion Carried. RESOLUTION #2008-01 ELECTION OFFICIALS COMPENSATION WHEREAS, SDCL 12-15-11 requires the Lawrence County Commission at its first regular meeting each year to 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 $125.00; Judges $100.00 IN ADDITION , each of the election officials and workers who participate in an election school prior to any election shall be compensated an additional $20.00. All election officials and employees shall be paid mileage for all travel incurred in regard to said employment at the state rate per mile. Extra help hired to work on election night in the Auditor’s Office will be paid at the rate of $12.00 per hour. DATED this 2 nd day of January 2008. For the Board, Terry W. Weisenberg, Chairperson. ATTEST: Connie Atkinson, Auditor.

RESOLUTION #08-02 POLLING PLACES & PRECINCTS: Moved -Seconded (Douglas- Seward) to approve the following resolution setting the polling places and precincts in 2008. 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 - 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; Nemo-Nemo Church; Rural #1-Lawrence County; Administrative Annex; St. Onge-St. Onge Community Hall; Whitewood-Whitewood City Hall; Valley 1-Spearfish Park Pavilion; Valley 2-Spearfish Park Pavilion. DATED this 2 nd day of January 2008. For the Board, Terry W. Weisenberg, Chairperson. ATTEST: Connie Atkinson, Auditor.

RESOLUTION #08-03 TO ESTABLISH OFFICIAL DEPOSITORIES: Moved-Seconded (Douglas-Seward) to approve the following Resolution #08-03 to Establish Official Depositories in Lawrence County. Motion Carried. RESOLUTION 08-03 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 2008: 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 Great Western Bank 526 Main St. Spearfish, SD; Black Hills FCU 835 Main St. Spearfish SD; Northern Hills FCU 134 E Ryan Road Spearfish SD; Dakota territory FCU 78 Cliff St Deadwood 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 2007. Dated this 2 nd day of January 2008. For the Board of County Commissioners: Terry W. Weisenberg, Chairperson Attest: Connie Atkinson, Auditor

PERSONNEL: SHERIFF: Moved-Seconded (Seward-Thompson) to approve Daniel Brady, Wade McGruder and Amberly Rogers as Correctional Officer II G3, at the base rate of $15.47 an hour, effective 12-23- 2007. Motion Carried.

COMMISSION MEETINGS: Moved-Seconded (Douglas-Seward) to continue the 2008 regular commission meetings on the second and fourth Tuesday’s of the month at 8:00 a.m. Motion Carried.

MINUTES: Moved-Seconded (Seward-Weisenberg) to approve the minutes of December 27, 2007 County Commission meeting and the Board of Adjustment minutes of December 27, 2007. Motion Carried.

AIRPORT AWOS SYSTEM: Moved-Seconded (Douglas-Thompson) to take from the table the bids received for the Airport AWOS System. Muth Electric - $158,663.20 and alternate #1 - $5,500.00; P.I.E. Inc. - $152,204.72 and alternate #1 - $3,900.00. Motion Carried.

Bruce Outka reported the Airport Board recommended rejecting the low bid and award the bid to Muth Electric, because of past problems with the low bidder. Douglas stated she respects the Airports recommendation but this is a federal project with federal guidelines and the bid has be awarded to the lowest bidder. Moved-Seconded (Douglas-Ewing) to award the bid to the lowest bidder P.I.E. Inc. - $152,204.72 and alternate #1 - $3,900.00. Aye: Douglas, Ewing, Thompson and Weisenberg. Nay-Seward. Motion Carried.

SURPLUS PROPERTY: Moved-Seconded (Ewing-Seward) to surplus three Motorola Max Trac 300 radios (SN#428FPY1339; 428FPY1332; 428FPY1336) and sell to the City of Summerset. Motion Carried.

VOLUNTEER SEARCH & RESCUE MEMBERS: Moved-Seconded (Seward-Weisenberg) to approve the following list of Volunteer Search & Rescue members for insurance purposes. Motion Carried. Bernards, Roger; Culver, Kathleen; Ell, Collin; Ewing, Bob; Hanson, Steven; Huhnerkock, Chris; Langer, David; Lillehaug, Arlando; Lillehaug, Gary; Mattox, Rob; McFarling, William; Millard, Raymond; Raubach, Fred; Rear, Kay; Regan, Daniel; Olson, Alexandra; Sanchez, Sharon; Siedschlaw, Robert; Simonyak, Erik; Stahl, Mike; Thomson, Paul; Tollefson, Melanie; Tollefson, Jamey.

VOLUNTEER FIRE FIGHTER MEMBERS: Moved-Seconded (Douglals-Ewing) to restate the Volunteer Fire Fighter Members as noted in the 2007 minutes for insurance purposes, until updated lists are compiled. Motion Carried.

PLANNING & ZONING: Amber Vogt, Planning and Zoning Director updated the Board on Planning and Zoning Issues. Public Hearings were scheduled for CUP#354 Gary Zimbleman, CUP#355 Paul Dangel & Timothy Goldsmith, CUP#356 Myron & Nadine Compton and COZ#272 Archie Roberts.

TELEGRAPH ENVIRONMENTAL IMPACT STATEMENT: Moved-Seconded (Ewing- Seward) to send a letter to the Forest Service requesting Cooperating Agency Status for the Telegraph Environmental Impact Statement. Motion Carried.

BILLS: Moved-Seconded (Douglas-Ewing) to approve payment of the following 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. Bills: Deadwood, City Of-$469.17; Montana Dakota Utilities-$4,040.77; SD Retirement System-$45,164.18.

ADJOURN: 9:40 a.m. there being no further business it was Moved-Seconded (Seward- Weisenberg) to adjourn. Motion Carried.

______DATE APPROVED

______Terry W. Weisenberg, Chairperson ATTEST:

______CONNIE ATKINSON, Auditor LAWRENCE COUNTY COMMISSIONERS MEETING – January 22, 2008

Terry W. Weisenberg called the regular meeting of the Lawrence County Commissioners to order at 8:00 a.m. on January 22, 2008 in the Administrative Annex Building of the Lawrence County Courthouse located at 90 Sherman Street, Deadwood, SD with Commissioners, Bob Ewing, James J. Seward and Tommy Thompson present. Connie H. Douglas arrived at 8:01 a.m.

All motions were passed by unanimous vote, by all members present, unless stated otherwise.

AGENDA: Moved-Seconded (Thompson-Seward) to approve the agenda as amended. Motion Carried. Aye-4, Absent Douglas.

MINUTES: Moved-Seconded (Seward-Weisenberg) to approve the minutes of January 2, 2008 County Commission meeting. Motion Carried.

PERSONNEL: SHERIFF: Moved-Seconded (Douglas-Weisenberg) to hire Paul Hansen as a Detective at the base rate of $20.72 an hour, effective 1-25-2008. Motion Carried. Aye-4, Nay-Douglas.

Moved-Seconded (Ewing-Seward) to hire April Dardis as a temporary Secretary I G1 at the base rate of $12.41 an hour, effective 1-16-2008. Motion Carried.

Moved-Seconded (Thompson-Weisenberg) to approve Korey Reichert at a Correctional II G3 at the base rate of $15.47 an hour, effective 1-1-2008. Motion Carried.

Moved-Seconded (Douglas-Thompson) to allow employees to donate sick leave to Laurie Vrem. Motion Carried.

PLANNING & ZONING: Moved-Seconded (Douglas-Thompson) to approve Sherryl Schulz as Administrative Secretary G3 at the base rate of $14.72 an hour, effective 1-20-2008. Motion Carried.

AUDITOR / REGISTER DEEDS: Moved-Seconded (Douglas-Seward) to approve Keri Podoll as a Secretary G1 at the base rate of $12.41 an hour, effective 1-20-2008. Motion Carried.

VOLUNTEER FIRE FIGHTER MEMBERS: Moved-Seconded (Douglas-Seward) to approve the following list of Volunteer Fire Fighters for insurance purposes. Motion Carried. Nemo: Tony Balistreri, Steven Boenisch, Carl Buettner, Teresa Buettner, Virginia Clark, Paul Dangel, Cheryl Eggers, Jeane Henrichsen, Justin Henrichsen, Jerry Hood, Patrica Hood, Casey Keough, Douglas Miller, Charles Moad, Greg Nepstad, Vince Pfeifle, Joan Rech, Larry Rhodes, Clint Schell, Terry Schmitz, Fred Schumann, Chad Solaas, Cindy Solaas, John Urbas, Lyle Wickman. Brownsville: Dennis Anderson, Mike Anderson, Scott Anderson, Loren Dobyns, Matt Fortier, Robert Mattox, Bryce Quaschnick, Lynette Quaschnick, Don Quaschnick, Tim Quaschnick, Loren Vrem, Van Wire, Chet Borsch, Cass Gaughen, Brian Bergman, Chris Bergman, Frank Stamp, Rollin Sieveke, Donley Townsend, Derek Berman. St. Onge: Kari, Amy; Burtzlaff, Leonard; Day, Steve; Jensen, Cliff; Johnson, Matthew; Kari, Jason; Kari, Jacob; Kari, Wendy; Kinghorn, Ray; Millar, Neilon; Millar, Russell; Rehorst, Denny; Stephen, Devin; Tetrault, Jim; Tetrault, Tim; Olson, Curt; Olson, Brent; Olson, Ryan; Bossert, Chuck; Bossert, Sunday; Callaway, Tom; Geigle, J.D.; Wooledge, Joshua; Olson/Eastman, Kristy; Moe, Terry; Glen; Fierro, Todd; Stone, Deriek; Spilde, David; Tupper, Justin.

TRAVEL REQUESTS: INVASIVE SPECIES MANAGEMENT: Moved by Seward to table the Travel Request for David Heck and Jerry Boyer to attend the National Invasive Weeds Awareness Week 2008 in Washington, D.C. on February 24 th – 28 th , 2008 because a travel and training agreement has not been received and grants are not secured to help cover the cost. Motion died due to a lack of a second. Moved-Seconded (Douglas-Weisenberg) to approve the travel request contingent upon a signed travel and training agreement. Motion Carried. Douglas asked that a report be given upon their return. Aye-4. Nay-Seward.

WILDLAND FIRE COORDINATOR RESOLUTION #2008-05: Moved-Seconded (Seward- Ewing) to approve and authorize the Chairman to sign the following Resolution #2008-05. Motion Carried. LAWRENCE COUNTY RESOLUTION # 2008-05: WHEREAS, the South Dakota Wildland Fire Coordinator is authorized to assist in fighting range fires through the State; and WHEREAS, a county must formally request his assistance pursuant to SDCL 41-20-8.1; and WHEREAS, because there is insufficient time to hold a meeting and adopt a resolution during a fire, Lawrence County can designate a person with authority to request assistance under this law; NOW THEREFORE BE IT RESOLVED, that the Lawrence County Commissioners herby designate the following persons with the authority to request assistance from the State Wildland Fire Coordinator in fighting range fires during calendar year 2008: Terry W. Weisenberg, Chairman & Paul Thomson, Emergency Management Director. Dated this 22 nd day of January, 2008. FOR THE BOARD: Terry W. Weisenberg, CHAIR. ATTEST: Connie Atkinson, AUDITOR

AMENDMENT #13 LAWRENCE COUNTY WELFARE GUIDELINES : Moved-Seconded (Douglas-Weisenberg) to approve and authorize the Chairman to sign the following Resolution #2008-04. Motion Carried. LAWRENCE COUNTY RESOLUTION # 2008-04: LAWRENCE COUNTY RESOLUTION #2008-04 AMENDMENT #13 LAWRENCE COUNTY WELFARE GUIDELINES APPENDIX D. BURIAL AND FUNERAL ASSISTANCE: 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 reviews rates set for indigent burials on an annual basis; and WHEREAS, the Lawrence County Commissioners wish to raise the standard funeral rates to reflect increased costs in outer burial containers; NOW THEREFORE BE IT RESOLVED that effective January 1, 2008, and until otherwise revised, the attached revisions and amendment setting forth these new rates in the Lawrence County Welfare Guidelines are hereby adopted. Dated this 22 nd day of January, 2008. FOR THE BOARD: Terry W. Weisenberg, CHAIR. ATTEST: Connie Atkinson, AUDITOR

AMBULANCE AGREEMENTS: Moved-Seconded (Seward-Ewing) to approve and authorize the chairman to sign the ambulance agreements with Spearfish Emergency Ambulance Service for the year of 2008. Motion Carried.

ELECTIONS SYSTEMS & SOFTWARE AGREEMENT: Moved-Seconded (Ewing-Seward) to approve and authorize the Chairman to sign the Elections Systems & Software Services Agreement. Motion Carried.

AUDITOR’S ACCOUNT WITH TREASURER REPORT: Moved-Seconded (Seward- Thompson) to accept the following report as read by the Auditor. Motion Carried. Auditor's Account with the County Treasurer: as of December 31, 2007 showed the following: Total amount of actual cash-$1,250.00; Total amount of Checks and drafts in Treasurer's possession not exceeding three days (check deposit in transit)-$1,142,495.60; Total amount of cash in transit in Treasurer's possession (cash deposit in transit)-$1,908.49; Petty Cash-$1,635.00; Total amount of deposits in bank include: CD's-$4,200,000; Savings $255,175.80, Money Market $510,296.05; Bank Balance-$2,871,899.77; Total $8,985,060.71

DELINQUENT TAXES REPORT: Per SDCL 7-21-35 the total 2006 taxes levied for in 2007 was $28,067,995.780 and the total unpaid as of 12-31-07 was $488,526.13 which represents a 1.74% delinquency. Moved-Seconded (Seward-Weisenberg) to accept the Delinquent Taxes Report of 2007 levied and unpaid taxes as reported by the Auditor. Motion carried.

AUDITOR RECORDS DESTRUCTION: Moved-Seconded (Thompson-Seward) to accept the 1/2008 Records Destruction Manual for the Auditor. Motion Carried.

SUPPLEMENTAL BUDGET HEARINGS: Moved-Seconded (Douglas-Weisenberg) to set a supplemental budget hearing for February 12 th , 2008 at 8:15 a.m. for Weed Capitol Assets for $24,000 and Emergency Management Grants $133.20. Motion Carried.

FUEL QUOTES: The following fuel quotes were submitted as of January 17, 2008: Spearfish Diesel 4000 Gallons: (prices per gallon) Cenex Oil Co. #1-$2.915 & #2-2.705*, Southside Oil - $no-bid; Rollin Oil – no bid M.G. Oil Co. $no bid (*represents lowest quote). Spearfish Unleaded 977 Gallons: (prices per gallon) Cenex Oil Co. $2.656*; Southside Oil - $no bid; Rollin Oil – no bid M.G. Oil Co. no bid (*represents lowest quote). Whitewood Diesel 600 Gallons: (prices per gallon) Cenex Oil Co. #1- $2.935 & #2-2.725*, Southside Oil - $2.865; Rollin Oil – no bid M.G. Oil Co. $no bid (*represents lowest quote). Deadwood Diesel 6000 Gallons: (prices per gallon) Cenex Oil Co. #1-$2.935 & #2- 2.725*, Southside Oil - $2.865; Rollin Oil – no bid M.G. Oil Co. $no bid (*represents lowest quote). Deadwood Unleaded 7400 Gallons: (prices per gallon) Cenex Oil Co. $2.636*; Southside Oil - $2.80; Rollin Oil – no bid M.G. Oil Co. no bid (*represents lowest quote).

INVESTMENT POLICY UPDATE: Deb Tridle, Treasurer, presented an investment update to the Board.

SAFETY PROGRAM UPDATE: Rene Larson presented the 2007 Lawrence County Safety Program Synopsis.

BID OPENING / 2008 TANDEM TRUCK: The following bids were received for the 2008 New Class 8 Tandem Truck Chassis, Dump Body & Hydraulic System. West River International- $128,919.60. Eddies Truck Center-$121,421.00, $120,281.00, $118,212.00 & $117,072.00.

Moved-Seconded (Seward-Ewing) to accept the lowest bid meeting all the specifications from Eddies Truck Center of $120,281.00. Motion Carried.

UTILITY PERMITS: BLACK HILLS POWER: Moved-Seconded (Seward-Ewing) to approve the Application for Permit to Occupy County Highway Right-Of-Way for Black Hills Power from 21016 Two Bit Road to Winner Lane to provide electrical service to the development. Motion Carried.

PRAIRIE WAVE: Moved-Seconded (Seward-Thompson) to approve the Application for Permit to Occupy County Highway Right-Of-Way for Prairie Wave from intersection of Fox Chase Lane & Hillsview to the intersection of Timberline Rd & Hillsview. Motion Carried.

WARD DEVELOPMENT: Moved-Seconded (Seward-Thompson) to approve the Application for Permit to Occupy County Highway Right-Of-Way for Ward Development from intersection of Brookview Rd & Pheasant Ln to 1500’ S. of intersection along Brookview. Aye-4, Absent-Ewing. Motion Carried.

QWEST: Moved-Seconded (Seward-Thompson) to approve the Application for Permit to Occupy County Highway Right-Of-Way for Qwest from Junction of Acorn Ridge Rd & Hansen Dr. to Junction of Acorn Ridge Rd & Interstate 90. Motion Carried.

HIGHWAY BIDS: Moved-Seconded (Seward-Thompson) to set a bid opening for February 26, 2008 at 8:30 a.m. for the Nemo Road Project. Motion Carried.

PLANNING & ZONING: Amber Vogt, Planning and Zoning Director updated the Board on Planning and Zoning Issues and presented the 2007 Staff Report.

RECESS: 8:53 a.m. Moved-Seconded (Thompson-Weisenberg) to recess the County Commission Meeting. Motion Carried. 9:21 a.m. The Chairman called the meeting back to order.

APPLE SPRINGS PLAT: Moved-Seconded (Seward-Weisenberg) to approve the final plat for Owner/Representative: Apple Springs/CETEC Engineering. Legal Description: Plat of Lots 8-13 Blk 3, and Lots 2-6, Blk 14, Apple Springs Subdivision, Sec 14, T5N, R4E (legal shortened). Location: Boulder Canyon . Purpose: New Lots. Zoning: SRD. Motion Carried.

BILLS: Moved-Seconded (Douglas-Weisenberg) to approve payment of the following 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-$5,914.87; Aud-$6,888.40; Treas-$8,690.43; Comp-$5,377.51; States Atty- $12,714.17; Pub Def-$8,698.79; Gen Govt Bldg-$6,918.10; Equal-$12,964.93; Rod-$6,662.37; Vso-$1,085.27; Disp-$13,571.10; Sher-$35,798.42; Sher-$25,027.48; Emerg Mgnt-$3,080.61; E911-$1,500.84; Highway-$39,889.22; Air-$1,034.30; Ext-$1,272.80; Weed-$1,785.24; Pz- $2,694.16; Bills: Hodson,T-$22.58; Kellogg,S-$19.62; Meverden,J-$21.84; Mowell,R-$7,038.00; Piekkola,D-$29.83; Thompson,T-$188.70; Thomson,P-$21.19; A&B Business Equip-$2,673.24; A&B Welding Supply-$53.00; A&J Supply-$6.99; A&M Transport-$87.50; A-Z Shredding- $18.00; Abc Business Supply-$543.71; Accurint Account #1028680-$75.00; Active Data Systems- $2,000.00; Air Systems Mechanical-$2,015.03; Amcon Distributing-$385.24; American Planning Assoc-$165.00; American Tech Serv-$4,985.00; Anderson Oil Co-$70.37; Armstrong Extinguish- $1,058.50; At&T-$6.85; BH Chemical Company-$1,619.69; BH Federal Credit Union-$9,896.00; BH Land Analysis-$427.50; BH Medical Ctr Pharmacy-$3,761.86; BH Pest Control-$95.00; BH Pioneer-$819.88; BH Power & Light-$2,399.69; BH Window Cleaning-$2,750.00; Baker,Paul- $82.80; Behavior Mngt Systems-$21,802.00; Best Business Prod-$19.26; Binger Law Office- $1,357.20; Black Hills Pure-$11.50; Bp-$1,155.72; Brady Pluimer-$2,443.34; Butler Machinery Co-$1,005.30; Butte Electric Coop-$601.60; C&H Distributors-$20.32; Campbell Co Sheriffs Off- $30.00; Central Parts-$153.73; Chris Supply Co-$88.52; Christensen Law Office-$653.75; City/County Alcohol &Drug-$1,952.00; Claggett,Dave-$245.42; Clarey's Safety Equip-$295.41; Clinical Lab Of BH-$1,411.52; Corral West-$59.90; Culligan Soft Water Serv-$193.50; D Ware- $1,125.00; Dakota Graphics-$65.00; Deadwood Electric-$1,722.99; Deadwood Thymes Cafe & Bistro-$81.00; Deadwood, City Of-$250.00; Dept.Of The Treasury-$48,835.32; Dietrich,Donna- $130.63; Division Of Motor Veh-$13.00; Edm Publishers-$98.78; Esri-$400.00; Firehouse-$29.95; Foothills Contracting-$354,553.06; Fsh Communications-$60.00; Gall's-$192.49; Gasboy International-$99.00; Great Plains Chemical-$120.00; Great Western Tire-$107.58; Grimm's Pump Service-$248.44; Hamann,Chris-$90.00; Hartford-Priority Accounts-$1,297.25; Havemeier,Leslie- $197.20; Heisler Hardware-$26.94; Helleau Property Management-$340.00; Henry Schein- $595.30; Hero 247-$50.00; Hewlett-Packard Company-$5,862.00; High Plains Business Forms- $580.04; Honeywell-$425.25; Jacobs Precision Welding-$19.65; Johnson Electric & Phone Sys- $10,600.00; Kadoo Express-$34.70; Kadrmas, Lee And Jackson-$30,577.52; Ken's Camper Sales- $85.35; Kieffer,Tracy-$282.20; Kimball-Midwest Co-$135.97; Kinney,Matthew-$751.76; Knecht True Value-$83.72; Koala Electric-$479.09; Kooistra,Nelva-$15.00; Kosel,Joseph-$4,166.67; LC Conservation Dist-$5,000.00; LC Journal-$726.43; LC Sheriff-$69.85; LC Treasurer-$100.00; Lead, City Of-$55.82; Lead-Deadwood Regional Hospita-$240.00; Lead-Deadwood Sanitary- $265.32; Lee, James-$15.00; Lewis & Clark Bhs-$260.00; Lexisnexis On-Line-$397.00; Lueders- $65.90; Lyle Signs-$784.66; M&M Sanitation-$105.00; Mcarthur,Janet-$90.00; Mcclure,Susan- $360.00; Mcleod's Office Supply-$11.88; Menards-$986.66; Mid States Organized-$150.00; Minitman-$84.30; Minnwest Bank Sioux Falls-$171.03; Mitch Richter-$7,535.00; Montana- Dakota Util-$947.68; Moore Medical-$102.21; Mutchler,Tricia-$148.00; Nelson,Tonya-$630.00; Neve's Uniforms-$205.77; New View Optical-$62.50; Northern Hills Casa-$6,000.00; Occupational Health Network-$186.00; Office Of Child Support-$195.69; Office Technology/Supply-$80.15; Olson,Randy-$2,520.00; Outdoor Motor Sports-$152.07; Pennington Co Jail-$1,031.10; Pennington County Sts Attny-$400.00; Pitney Bowes-$117.69; Ponderosa Apartments-$225.36; Prairiewave Communications-$319.66; Pronto Auto Supply-$29.95; Qwest- $1,424.21; RC Finance Office-$1,505.00; RC Regional Hospital-$347.33; Radio Shack/Kazco- $1,098.92; Radiology Associates-$9.69; Reindl,Staci-$1,830.90; Rocket Lube-$277.45; SD Airport Conference-$200.00; SD Assoc Of Weed &Pest Boards-$170.00; SD Emergency Mngt Association-$90.00; SD Federal Property Agency-$130.00; SD Municipal League-$67,767.00; SD Planners Association-$100.00; SD Public Assur Alliance-$27,755.20; SD State Treasurer- $14,086.45; Salzsieder,Milan-$3,735.00; Sand Creek Printing-$126.00; Sdaco-$2,051.14; Sdrs Supplemental Retirement-$1,066.50; Servall Towel & Linen-$574.04; Seward & Odenbach- $203.40; Sheridan County Sher Office-$70.00; Sign Express-$278.40; Spearfish Auto Supply- $204.39; Spearfish Glass-$30.00; Spearfish Police Dept-$37.14; State Bar Of South Dakota- $20.00; Sunshine-$300.00; Tellinghuisen & Gordon-$1,833.14; Thurman Law Office-$170.21; Tigerdirect-$363.20; Travel Lodge Spearfish Inn-$300.00; Trugreen Chemlawn-$244.95; Twin City Hardware & Lumber-$285.39; University Of Missouri-$50.00; Verizon Wireless-$413.03; Victims Of Violence-$640.00; Walser,Bob-$15.00; Waste Connections-$453.37; Wells Fargo Business Card-$1,143.29; Wells Fargo Home Mortgage-$593.87; Wells Plumbing & Farm Supp- $18.09; West River International-$1,479.68; Westcoast Sales & Marketing-$228.05; Western Communication-$60.50; Western Sd Juvenile Serv-$17,600.00; Western State Fire Protection- $505.00; Wilcox,Chris-$350.00; Williams Standard Serv-$25.90; Xerox Corporation-$172.43; Yankton Co Sheriff-$50.00; Yankton County-$98.55; Zep Manufacturing-$103.51; Witness & Jurors: Bacon,S-$61.10; Bax,H-$52.22; Clapp,B-$61.10; Hines,R-$68.50; Klumb,L-$61.10; Mclean,D-$58.88; Philipp,G-$52.22; Salzsieder,L-$61.10; Afdahl,N-$20.36; Albert,F-$21.10; Boone,R-$23.32; Bretz,D-$52.96; Cass,G-$12.96; Custis,D-$21.10; Gilles,A-$12.22; Goehner,R- $21.10; Hartl,S-$23.32; Hay,K-$21.10; Jagim,D-$21.10; Kapsa,E-$21.10; Kasten,D-$21.84; Katon,S-$12.22; Keough,D-$28.50; Kiger,K-$24.80; Koch,T-$24.80; Koski,D-$21.10; Kymala,J- $28.50; Lanphear,J-$11.48; Lary,P-$13.70; Lee,A-$21.84; Linafelter,M-$24.80; Loken,O-$25.54; Martens-Lieving,L-$21.10; Meverden,R-$21.84; Noland,M-$64.80; Odin,M-$18.88; Ostwald,K- $12.22; Papenfuss,T-$21.10; Peacemaker,E-$62.58 ; Proctor,D-$53.70; Richards,D-$12.22; Richards,M-$55.92; Schuttler,R-$61.10; Showman,S-$62.58; Stagner,R-$12.22; Steinlicht,W- $10.74; Stewart,S-$60.36; Trapp,J-$57.40; Trouton,J-$50.74; Veitl,J-$17.40; Denke,L-$14.44; Anderson,V-$37.00; Crotty,J-$31.10; Helms,T-$31.10; Joens,L-$25.55; Karlson,K-$28.88; Ludens,T-$31.10; Norris,V-$20.00; Shannon,C-$155.42; Stevens,K-$20.00; Walker,B-$20.00

RECESS: 9:40 a.m. Moved-Seconded (Douglas-Seward) to recess the County Commission Meeting. Motion Carried. 9:45 a.m. The Chairman called the meeting back to order.

ADJOURN: 9:47 a.m. there being no further business it was Moved-Seconded (Douglas-Seward) to adjourn. Motion Carried. ______DATE APPROVED

______Terry W. Weisenberg, Chairperson ATTEST:

______CONNIE ATKINSON, Auditor LAWRENCE COUNTY BOARD OF ADJUSTMENT MEETING – January 22, 2008

Chairperson Terry W. Weisenberg called the Lawrence County Board of Adjustment meeting to order at 8:55 a.m. on January 22, 2008 in the Administrative Annex Building of the Lawrence County Courthouse located at 90 Sherman Street, Deadwood, SD with Commissioners Bob Ewing, Connie H. Douglas, James J. Seward and Tommy Thompson present.

All motions were passed by unanimous vote, by all members present, unless stated otherwise.

ANNUAL REVIEW CONDITIONAL USE PERMIT #215 – NELSON BED & BREAKFAST: An annual review was held on CUP#215 for Nelson Bed & Breakfast. Moved- Seconded (Douglas-Thompson) CUP #215 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.

ANNUAL REVIEW CONDITIONAL USE PERMIT #293 – EDLER SPECIALTY RESORT: An annual review was held on CUP#293 for Edler Specialty Resort. No complaints were received and will be reviewed in one year.

CONDITIONAL USE PERMIT #350 / ANDY HOLMES : A public hearing was held on Conditional Use Permit #350 for Janell Andis/Custer Crossing Campground/Andy Holmes. Legal Description: Tract B-1 & Lot C HES 246, Sec 21, T3N, R4E. Location: Hwy 385, Purpose: Trail rides, Zoning: RC. Paul Dangel spoke in support of the proposed CUP. The public hearing was closed. Moved-Seconded (Seward-Thompson) to approve Conditional Use Permit #350 with attached conditions, on file in the Planning and Zoning Office. Motion Carried.

CONDITIONAL USE PERMIT #355 / TIMOTHY GOLDSMITH & PAUL DANGEL : A public hearing was held on Conditional Use Permit #355 for Timothy Goldsmith/Paul Dangel. Legal Description: Tract I, portion of Nemo Placer MS 1368, Sec 28, T3N, R5E, Location: West of Nemo on Boxelder Forks Road, purpose: Trail rides, Zoning: PF and SRD. The public input was voiced and the hearing was closed. Moved-Seconded (Seward-Ewing) to approve Conditional Use Permit #355 with attached conditions, on file in the Planning and Zoning Office. Motion Carried.

RECESS: 9:20 a.m. Moved-Seconded (Douglas-Thompson) to recess the County Board of Adjustment Meeting. Motion Carried. 9:40 a.m. The Chairman called the meeting back to order.

CONDITIONAL USE PERMIT #356 / MYRON & NADINE COMPTON : A public hearing was held on Conditional Use Permit #356 for Myron & Nadine Compton. Legal Description: SE1/4 NE1/4, Section 11, T6N, R1E, Location: West of Spearfish on Crow Peak Bench Road, Purpose: Bed & Breakfast, Zoning: A-1. Donald Simons spoke on behalf of the project. The public hearing was closed. Moved-Seconded (Ewing-Seward) to approve Conditional Use Permit #356 with attached conditions on file in the Planning and Zoning Office. Motion Carried.

ADJOURN: 9:44 a.m. There being no further business it was Moved-Seconded (Douglas- Weisenberg) to adjourn. Motion Carried. ______Date Approved

______Terry W. Weisenberg, Chair ATTEST:

______Connie Atkinson, Auditor LAWRENCE COUNTY COMMISSIONERS MEETING – February 12, 2008

Terry W. Weisenberg called the regular meeting of the Lawrence County Commissioners to order at 8:00 a.m. on February 12, 2008 in the Administrative Annex Building of the Lawrence County Courthouse located at 90 Sherman Street, Deadwood, SD with Commissioners, Connie H. Douglas, Bob Ewing, James J. Seward and Tommy Thompson present.

All motions were passed by unanimous vote, by all members present, unless stated otherwise.

AGENDA: Moved-Seconded (Seward-Ewing) to approve the agenda as amended. Motion Carried.

MINUTES: Moved-Seconded (Seward-Weisenberg) to approve the minutes of January 22, 2008 County Commission meeting and the January 22, 2008 Board of Adjustment meeting. Motion Carried.

PERSONNEL: SHERIFF: Moved-Seconded (Douglas-Ewing) to approve Melissa Baker as a part-time temporary Secretary G 1 at the base rate of $12.41 an hour, effective 2-08-2008. Motion Carried.

Moved-Seconded (Ewing-Weisenberg) to approve Dora Patino as a Corrections Officer II G1 at the base rate of $14.86 an hour, effective 1-18-2008, upon the completion of 40 hours of training at $8.61 an hour. Motion Carried.

Moved-Seconded (Seward-Ewing) to approve Ralph Harter as a part-time Corrections Officer II G1 at the base rate of $14.86 an hour, effective 2-12-2008. Motion Carried.

Moved-Seconded (Ewing-Thompson) to approve Joe Leveque as a Squad Sergeant at the base rate of $20.50 an hour, effective 12-19-2008. Motion Carried.

EQUALIZATION: Moved-Seconded (Douglas-Ewing) to accept the job description for an Equalization Administrative Assistant G1-$12.77hr, G2-$13.60hr, G-3$14.97hr; and to approve Sharon Woodle as Administrative Assistant G3 at the base rate of $14.97 an hour, effective 2-18- 2008. Aye-Douglas, Ewing, Thompson and Weisenberg. Nay-Seward. Motion Carried.

Moved-Seconded (Douglas-Ewing) to approve Linda Carrico as an Administrative Secretary G3 as the base rate of $14.72 an hour, effective 2-18-2008. Motion Carried. Aye-Douglas, Ewing and Thompson. Nay- Seward and Weisenberg. Motion Carried.

REGISTER DEEDS: Moved-Seconded (Douglas-Seward) to approve Keri Podoll as a Full-Time Secretary G1 at the base rate of $12.41 an hour in the Register of Deeds Office, effective 3-1-2008. Motion Carried.

AUDITOR: Moved-Seconded (Seward-Weisenberg) to approve the advertising for a Full-Time Accounting Clerk in the Auditor’s Office. Motion Carried.

TRAVEL REQUESTS: HIGHWAY: Moved-Seconded (Ewing-Weisenberg) to approve the travel request for Richard Birk to attend the Highway Superintendents Short Course in Mitchell, SD on March 18, 19 & 20, 2008. Motion Carried.

FUND RAISER RAFFLE: Moved-Seconded (Seward-Thompson) to approve the fund raiser raffle request from Ray Ruff. Motion Carried.

AUDITOR’S ACCOUNT WITH TREASURER REPORT: Moved-Seconded (Ewing-Douglas) to accept the following report as read by the Auditor. Motion Carried. Auditor's Account with the County Treasurer: as of January 31, 2008 showed the following: Total amount of actual cash- $1,250.00; Total amount of Checks and drafts in Treasurer's possession not exceeding three days (check deposit in transit)-$50,064.30; Total amount of cash in transit in Treasurer's possession (cash deposit in transit)-$1,314.19; Petty Cash-$1,635.00; Total amount of deposits in bank include: CD's-$4,200,000; Savings $257,863.05, Money Market $512,207.35; Bank Balance- $5,126,904.66; Total $10,151,238.55.

FAIR AGREEMENT: Moved-Seconded (Seward-Thompson) to approve and authorize the Chairman to sign the Butte-Lawrence County Fair Agreement for 2008. Motion Carried.

AIRPORT PROPERTY TAXES: Moved-Seconded (Douglas-Seward) to authorize the payment of property taxes, on the recently purchased Airport Property. Motion Carried. The payment of property taxes is necessary before plats can be filed.

SUPPLEMENTAL BUDGET: A public hearing was held on a supplemental budget request for Invasive Species Management. No public input was present and the hearing was closed. Douglas commented that this should have been a budgeted item and surplus money from previous budgets should not be spent on unbudgeted items. Dave Heck explained this was from funds received for spraying services.

Moved-Seconded (Ewing-Thompson) to approve and authorize the Chairperson to sign the following Resolution #08-07. Motion Carried. Aye-Seward, Ewing and Thompson. Nay- Weisenberg and Douglas.

RESOLUTION #08-07 TO ADOPT A SUPPLEMENTAL BUDGET: WHEREAS, the County Budget for Lawrence County, South Dakota, for the fiscal year 2008, 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 2008, and that in said budget there will be and is hereby appropriated the following sum of money, to-wit: GENERAL FUND - INVASIVE SPECIES MANAGMENT – Capital Assets $24,000; 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 12 TH day of February, 2008 at the hour of 8:15 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 12 th day of February, 2008. FOR THE BOARD OF COUNTY COMMISSIONERS: TERRY W. WEISENBERG, Chairperson. ATTEST: CONNIE ATKINSON, LAWRENCE COUNTY AUDITOR

SUPPLEMENTAL BUDGET: A public hearing was held on a supplemental budget request for Invasive Species Management and Emergency Management. No public input was present and the hearing was closed.

Moved-Seconded (Seward-Thompson) to approve and authorize the Chairperson to sign the following Resolution #08-06. Motion Carried. .

RESOLUTION #08-06 TO ADOPT A SUPPLEMENTAL BUDGET: WHEREAS, the County Budget for Lawrence County, South Dakota, for the fiscal year 2008, 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 2008, and that in said budget there will be and is hereby appropriated the following sum of money, to-wit: EMERGENCY MANAGEMENT FUND - EMERGENCY MANGEMENT – Grants $133.20. 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 12 TH day of February, 2008 at the hour of 8:15 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 12 th day of February, 2008. FOR THE BOARD OF COUNTY COMMISSIONERS: TERRY W. WEISENBERG, Chairperson. ATTEST: CONNIE ATKINSON, LAWRENCE COUNTY AUDITOR

SURPLUS PROPERTY: Moved-Seconded (Douglas-Seward) to declare 5 Monitor’s surplus Tag#11024, 11027, 11028, 11078, 11079 surplus and allow them to be given to the City of Whitewood. Motion Carried.

ABATEMENTS: SWANEY, DAVID: Moved-Seconded (Seward-Ewing) to approve the abatement for David Swaney on parcel# 30025-08200-250-10 because Owner Occupied status was inadvertently removed. Motion Carried.

HARDWICK, MARK & JOAN: Moved-Seconded (Ewing-Seward) to approve the abatement for Mark & Joan Hardwick parcel# 08000-00303-040-05 because Owner Occupied status was inadvertently removed. Motion Carried.

EISENBRAUN, ROGER: Moved-Seconded (Weisenberg-Ewing) to approve the abatement for Roger Eisenbraun on a 1996 Skyline Mobile Home, because it was moved to Wyoming on December 27, 2007. Motion Carried.

CASTOE, CAROLINE: Moved-Seconded (Seward-Douglas) to approve the abatement for Caroline Castoe on a 1976 Chic Mobile Home that was moved to Belle Fourche. Motion Carried.

COOLLEY, ELIZABETH: Moved-Seconded (Seward-Ewing) to approve the abatement for Elizabeth Coolley on a 72 Polirs Mobile Home because the wrong value was used when registered. Motion Carried.

PLANNING & ZONING: Amber Vogt, Planning and Zoning Director updated the Board on Planning and Zoning Issues and scheduled public hearings for future meetings.

Moved-Seconded (Douglas-Thompson) to allow the Chairman to resign the Revised Preliminary Plat of Lots 1-31 of Two Bit Ranch Estates and dedicated public access and utility easements of Tract P of Gov’t Lots 1 and 2, all located in Section 30 T5N, R4E, B.H.M. Lawrence County. Motion Carried.

WILD TURKEY ESTATES BOND RELEASE: Moved-Seconded (Seward-Ewing) to release the Wild Turkey Estates Bond for Phase I. Motion Carried.

WILD TURKEY ESTATES PLAT: Moved-Seconded (Douglas-Thompson) to approve the plat for Owner/Representative: MJG, Inc/NJS Engineering; Legal Description: Plat of Lots 13 through 18 Blk 2, Wild Turkey Estates, Section 1, T6N, R1E, Section 31. T7N, R2E, Section 6, T6N, R2E (legal shortened), Location: West of Spearfish, Purpose: New Lots, Zoning: PF & A-2. Motion Carried.

IRONWOOD ESTATES: Moved-Seconded (Weisenberg-Ewing) to approve the bond approval (Irrevocable Standby Letter of Credit) for HES 125 LLC Ironwood Estates, and authorize the Chairman to sign the Memorandum of Agreement. Motion Carried.

Moved-Seconded (Seward-Ewing) to approve the plat of Lot 19 and Lot 21 of Block 4 of Ironwood Estates, being a portion of Tract 1A-1 of the Subdivision of Tract 1A, being portions of H.E.S. 42 and H.E.S. 39, all located in Sections 25 and 36, T4N, R2E, and Sections 30 and 31, T4N, R3E, BHM, Lawrence County. Motion Carried.

HUGH THOMPSON – PROPERTY TAX DESIGNATION: Hugh Thomson was present to discuss the property tax designation on his property. He currently owns 40 acres and does not meet 2 of the qualifying criteria for Ag classification. The Board discussed what his options would be to meet the qualifying criteria but stated they could not grant him Ag status at this time.

COOPERATIVE LAW ENFORCEMENT AGREEMENT: Moved-Seconded (Ewing-Seward) to approve and authorize the Chairman to sign the Cooperative Law Enforcement Agreement 2008 Financial and Operating Plan. Motion Carried.

LEAD FIRE PROTECTION: A public hearing was held on the petition to form the Lead Rural Fire Protection District. No public input was present and the hearing was closed.

Moved-Seconded (Seward-Ewing) to approve and authorize the Chairman to sign the following Order Of Initiation Of Organization Of Lead Rural Fire Protection District. Motion Carried.

ORDER OF INITIATION OF ORGANIZATION OF LEAD 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 Lawrence County; and WHEREAS, at said Hearing, the boundaries of the proposed Lead Rural Fire Protection District were defined and agreed upon by those Commissioners present; WHEREAS, the boundaries of the proposed Lead Rural Fire District are defined as: LAWRENCE COUNTY: Sections 1, 12, 13, in Township 3 North, Range 2 East of the B.H.M.; Sections 1 through 3 inclusive and Sections 10 through 13 inclusive, and Sections 24, 25, 36 in Township 4 North, Range 2 East of the B.H.M.; Sections 21 through 23 inclusive, the South ½ of Section 24, Sections 25 through 29 inclusive, and sections 32 through 36 inclusive, in Township 5 North, Range 2 East of the B.H.M.; SW ¼, of Section 4, Sections 5 through 9 inclusive, and Sections 16 through 18 inclusive in Township 3 North, Range 3 East of the B.H.M.; That portion of Section 2 that is West of US Highway 385, Sections 3 through 10 inclusive, the North ½, the SW ¼, the West ½ of the SE ¼ of Section 11, the NW ¼ and the West ½ of the NE ¼ of Section 14, the North ½ of Section 15, NW ¼, NE ¼, SW ¼, the North ½ of the SE ¼, of Section 16, Sections 17 through 20 inclusive, and Sections 29 through 32 inclusive in Township 4 North, Range 3 East of the B.H.M.; the West ½ of the SW ¼ of Section 19, that portion of the SW ¼ of Section 27 that falls outside of Deadwood city limits, South ½ of Section 28, the NW ¼, SW ¼, South ½ of the SE ¼, of Section 29, Sections 30 through 33 inclusive, and that portion of Section 34 that is outside of Deadwood city limits and west of US Highway 385, and that portion of Section 35 that is West of US Highway 385 in Township 5 North, Range 3 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 Lead 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 12 th day of February, 2008. FOR THE BOARD OF COUNTY COMMISSIONERS: TERRY WEISENBERG, CHAIRMAN. ATTEST: CONNIE ATKINSON, LAWRENCE COUNTY AUDITOR

WHITEWOOD FIRE PROTECTION DISTRICT: Moved-Seconded (Douglas-Thompson) to follow the recommendation of the Whitewood Rural Fire Protection District and appoint Robert Haiwick to replace James Baker on the Board for a term to expire January 2009. Motion Carried.

QUARTERLY NURSE REPORT: Denise Rosenberger presented the Nurse quarterly report.

TITLE III FUNDS: The following Title III fund requests were reviewed. Lead Volunteer Fire Department-$99,996.36; Spearfish Volunteer Fire Department-$63,000; Brownsville Volunteer Fire Department-$11,487.00; Sturgis Volunteer Fire Department-$2,332.77; Whitewood Volunteer Fire Department-$3,213.85; Lawrence County Search & Rescue-$49,100; Lawrence County Emergency Management-$88,028.84 and Project Learning Tree-$10,000. Moved-Seconded (Seward-Ewing) to begin the advertising of the 45 day comment period for the Title III fund requests. Motion Carried.

SURPLUS PROPERTY: Moved-Seconded (Seward-Thompson) to approve the 2004 Polaris Snowmobile SN#1SU4BS34C421179 surplus and allow it to be given to the City of Spearfish Fire Department. Motion Carried.

CONDITIONAL USE PERMIT #224 / TECHNICAL REVISION: Carol Koerner, Wharf Resources, was present in regards to Conditional Use Permit #224 - Request for Approval of a Technical Revision to Add 38 Acres of Contiguous Land to Mining Operation's Pad 5 Within Current Permit Boundary. Moved-Seconded (Seward-Weisenberg) to grant approval for the Technical Revision on Conditional Use Permit #224, and to direct the Planning and Zoning Director to send a letter to DENR informing them of the Boards approval. Motion Carried.

GOVERNMENT DAY: Bev Hink was present to thank the Board for their past participation in Government Day and asked the Board to participate in 2008. Hink asked the Board to donate $50.00 and attend the Luncheon that will be provided on Government Day at the Deadwood Fire Hall. Moved-Seconded (Douglas-Weisenberg) to participate in Government Day for 2008 and donate $50.00 for the luncheon. Motion Carried. Marlene Barrett volunteered to be the County Coordinator.

BILLS: Moved-Seconded (Ewing-Thompson) to approve payment of the following 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-$11,789.74; Aud-$13,808.81; Treas-$17,392.80; Comp-$10.755.03; States Atty- $25,449.18; Pub Def-$17,397.56; Gen Govt Bldg-$13,517.04; Equal-$26,511.86; Rod-$13,314.75; Vso-$2,170.54; Disp-$22,670.47; Sher-$65,476.13; Jail-$39,523.99; Emerg Mgnt-$6,182.22; E911-$3,042.60; Highway-$71,599.77; Air-$2,088.54; Mi Brd-$632.00; Ext-$2,575.60; Weed- $3,731.76; Pz-$5,577.92; Bills: Alltel-$619.08; American Family Life-$3,270.02; Billion Auto Center Of Salem-$78,618.00; Bp-$67.54; Brown,Kathy-$400.00; Deadwood Recreation Center- $172.00; Delta Dental Of South Dakota-$4,932.80; Federal Express Corp-$33.94; Hartford-Priority Accounts-$1,541.65; Medica-$50,678.65; Montana-Dakota Util-$193.91; NH Family Ymca- $387.20; Office Of Child Support-$195.69; Phillips Petroleum Co-$71.06; Prairiewave Communications-$938.53; SD Retirement System-$49,346.45; Sdrs Supplemental Retirement- $1,016.50; Spearfish Police Dept-$218.67; Verizon Wireless-$797.98; Walmart Store-$162.13; Kellogg,S-$59.62; Lensegrav,R-$9.00; Mowell,R-$7,452.00; Rombough,D-$44.40; Vogt,A- $336.50; Whitcher,E-$36.68; A&B Business Equip-$1,449.95; A&B Welding Supply-$46.33; A&I Distributors-$1,586.09; A&M Transport-$87.50; A-Z Shredding-$16.25; Abc Business Supply Corp-$806.56; Accurint Account-$75.00; Air Connection-$86.98; Alco Store-$5.99; Amcon Distributing-$333.97; Anderson Oil Co-$94.12; BH Chemical Company-$1,780.12; BH Council Of Local Govt-$7,886.20; BH Federal Credit Union-$19,920.00; BH Medical Ctr Pharmacy- $3,162.87; BH Pest Control-$95.00; BH Physcial Therapy-$50.00; BH Pioneer-$974.98; BH Power & Light-$6,589.14; Best Business Prod-$19.26; Best Western Ramkota-$87.99; Beverly Davidson, Ndia-$40.00; Black Hills Auto Parts-$9.00; Bob Barker Company-$44.38; Brevik Law Office Prof-$218.31; Butler Machinery Co-$96.31; Butte Electric Coop-$685.22; Calhoun Technologies-$190.00; Campbell Co Sheriffs Off-$60.00; Carol Butzman Consluting-$280.53; Central Parts-$1,104.27; Chain Saw Center/Dakota Equip-$39.90; Chemical Sanitizing Sys- $196.30; Chemsearch-$1,178.35; Chris Supply Co-$931.00; City/County Alcohol &Drug- $1,374.00; Clinical Lab Of BH-$4,989.99; Conoco-$118.58; Dakota Graphics-$90.00; Dakota Supply Group-$342.44; Datec-$5,328.95; Deadwood Carnegie Library-$87,430.00; Deadwood, City Of-$464.16; Dept Of Hlth Lab Services-$43.00; Dept Of The Treasury-$88,587.57; Dietrich,Donna-$514.32; Division Of Motor Veh-$6.00; Ecolab-$111.00; Ellingson,Joseph- $3,274.99; Executone Of The BH-$457.25; Farmers Union Oil-$50,967.37; Fish,Veronica- $163.20; Fsh Communications-$60.00; Gall's-$1,558.78; Gene's Lock Shop-$464.00; Godfrey's Brake Serv-$514.97; Governors Inn-$70.00; Grace Balloch Mem Library-$219,449.00; Great Western Tire-$281.78; Greens Alignment-$270.88; Havemeier,Leslie-$250.20; Heisler Hardware- $94.49; Hewlett-Packard Company-$209.00; Hickok's Iron Horse Inn-$145.22; Janke,Wendy- $810.00; Karpinen,Sharon-$315.00; Keefe Supply Company-$611.90; Kimball-Midwest Co- $290.61; Kimbell's Auto Repair-$186.37; Kinney,Matthew-$650.00; Knecht True Value-$4.17; Koala Electric-$2,381.52; Kooistra,Nelva-$30.00; Kosel,Joseph-$4,166.67; LC Assessor-$23.50; LC Journal-$749.56; LC Treasurer-$200.00; Lawson Products-$207.28; Law Enforcement Targets- $128.33; Lead, City Of-$103,640.35; Lead-Deadwood Regional-$301.53; Lead-Deadwood Regional Hospital-$240.00; Lead-Deadwood Sanitary-$271.80; Lee,James-$15.00; Lewis & Clark Bhs-$130.00; Lexisnexis On-Line-$397.00; Looyenga,Dr Robert-$350.00; Lynn's Dakotamart- $65.24; Mailworks Plus-$25.95; Mcclure,Susan-$450.00; Meade County Sheriff-$26.60; Minnwest Bank Sioux Falls-$171.03; Mobile Electronic Service-$4,954.62; Montana-Dakota Util-$9,163.63; Motorola-$2,940.00; National Business Furniture-$373.90; National Sheriff's Assoc-$660.00; Nelson,Tonya-$630.00; Neve's Uniforms-$2,072.37; New World Systems-$1,066.50; Novus- $280.00; Office Of Child Support-$195.69; Office Technology/Supply-$60.09; Pennington Co Auditor-$105.00; Pennington County Sts Attny-$200.00; Pitney Bowes-$531.63; Postmaster, Deadwood-$421.00; Praire Hills Transit-$7,500.00; Prairiewave Communications-$267.75; Qwest- $787.17; RC Finance Office-$1,610.00; Rabe Elevator-$690.96; Redinger,Paul-$400.00; Rehfuss,Cathryn-$15.00; Reindl,Staci-$2,027.00; Reserve Account-$6,000.00; Rocket Lube- $217.92; SD Human Services Center-$105.10; SD Public Assur Alliance-$102,227.73; SD State Treasurer-$7,665.90; Sdrs Supplemental Retirement-$991.50; Servall Towel & Linen-$558.15; Seward & Odenbach-$224.00; Silvernail,G-$11.48; Slate Creek Counseling-$134.37; Software House International-$1,391.00; Spearfish Ambulance Service-$5,225.00; Spearfish Auto Supply- $726.91; Spearfish Chamber Of Commerce-$100.00; Spearfish Husky-$14.50; Spearfish Police Dept-$26,067.23; Spearfish Senior Citizens-$2,000.00; Speedy Mart-$35.74; State Radio Communication-$4,224.00; Subway-$63.90; T&W Appliance Knothole-$219.33; Team Lab Chemical Corp-$1,946.00; Teen Court-$10,000.00; The Mercantile-$48.77; Tigerdirect-$133.19; Triple K Tire & Repair-$1,452.75; Twilight First Aid & Safety-$150.12; Twin City Hardware & Lumber-$503.37; Twin City Senior Citizens-$2,000.00; Verizon Wireless-$164.78; Voelker & Adams-$222.00; Walser,Bob-$15.00; Waste Connections-$453.37; West River International- $102.95; Western Communication-$105.50; Western Hills Humane Society-$2,500.00; White's Queen City Motors-$125.33; Whitewood Senior Citizens-$1,000.00; Wolff's Plumbing & Heating- $149.18; Xerox Corporation-$59.06; Yankton Co. Sheriff-$50.00 Witness & Jurors: Bretz,D- $52.96; Custis,D-$61.10; Gilles,A-$52.22; Hartl,S-$63.32; Koch,T-$64.80; Kymala,J-$68.50; Lanphear,J-$51.48; Meverden,R-$61.84; Papenfuss,T-$61.10; Peacemaker,E-$62.58; Proctor,D- $53.70; Richards,M-$55.92; Schuttler,R-$61.10; Showman,S-$62.58; Stagner,R-$52.22; Stewart,S- $60.36; Trapp,J-$57.40; Trouton,J-$50.74; Anderson,V-$37.76; Crotty,J-$31.10; Stevens,K- $36.65; Walker,B-$20.00; Adkins,J-$21.10; Anfinson,J-$52.22; Bailey,R-$61.10; Bialas,K-$13.70; Decook,J-$29.98; Freidel,M-$24.80; Groce,J-$61.10; Haivala,R-$64.80; James,D-$61.10; Johnson,J-$61.10; Kandolin,D-$12.22; Karas,F-$21.10; Kilmer,C-$68.50; Ladson,M-$24.80; Lyons,V-$69.98; Nerison,D-$21.10; Ottema,E-$21.10; Reman,G-$24.80; Schempf,D-$64.80; Solvie,C-$22.58; Spindler,C-$52.22; Sullivan,P-$10.74; Termes,W-$21.10; Treber,J-$23.32; Vainio,L-$21.10; Waddington,D-$13.70; Witt,J-$61.10; Yackley,S-$61.10; Abrahamson,C-$24.80; Bennett,C-$67.76; Bergin,R-$21.10; Burns,J-$22.58; Chrispen,R-$65.54; Christopherson,R- $18.88; Damberg,A-$64.80; Dovre,R-$28.50; Fleming,J-$22.58; Foss,J-$64.80; Fossen,J-$22.58; Fredrickson,D-$12.96; Garry,S-$58.88; Goetz,S-$24.80; Ingels,A-$12.96; Jarmon,A-$21.10; Jones,C-$14.44; Keehn,J-$10.74; Lawson,T-$24.80; Logar,D-$21.10; Loll,B-$21.10; Miller,R- $15.18l Oviatt,R-$18.88; Payne,H-$39.60; Poling,V-$50.74; Smith,C-$21.10; Young Bear,A- $12.22; Arritola,S-$41.46; Baumbach,D-$20.37; Crowley,C-$30.36; Culver,P-$30.36; Delcamp,S- $101.40; Frame,C-$33.32; Herrboldt,D-$29.25; Lock,K-$31.10; Lunden,M-$37.76; Lungren,B- $36.28; Lungren,S-$36.28; Lutz,J-$31.10; Merkel,A-$20.00; Merkel,C-$20.00; Paisley,J-$37.39; Ringling,R-$22.22; Russo,R-$20.00; Sandness,K-$32.58; Sandness,K-$32.58

ADJOURN: 11:30 a.m. there being no further business it was Moved-Seconded (Seward- Thompson) to adjourn. Motion Carried. ______DATE APPROVED

______Terry W. Weisenberg, Chairperson ATTEST:

______CONNIE ATKINSON, Auditor LAWRENCE COUNTY COMMISSIONERS MEETING – February 26, 2008

Terry W. Weisenberg called the regular meeting of the Lawrence County Commissioners to order at 8:00 a.m. on February 26, 2008 in the Administrative Annex Building of the Lawrence County Courthouse located at 90 Sherman Street, Deadwood, SD with Commissioners, Connie H. Douglas, Bob Ewing, James J. Seward and Tommy Thompson present.

All motions were passed by unanimous vote, by all members present, unless stated otherwise.

AGENDA: Moved-Seconded (Thompson-Ewing) to approve the agenda as amended. Motion Carried.

MINUTES: Moved-Seconded (Seward-Douglas) to approve the minutes of February 12, 2008 County Commission meeting. Motion Carried.

TRAVEL REQUEST: EQUALIZATION: Moved-Seconded (Seward-Douglas) to approve the travel request and advance for Jason Writer to attend the GIS Training and Education in Broomfield, CO. on March 9th – 14 th , 2008. Motion Carried.

SHERIFF’S OFFICE REMODEL: Joe Harmon was present to discuss a remodel project in the Sheriff’s Office. Dick Birk discussed the remodel project and explained possible issues with the remodel. Moved-Seconded (Ewing-Weisenberg) to hire an architect to design the booking area in the Sheriff’s Office. Motion Carried.

NEMO ROAD PROJECT / BID OPENING: The following bids were received for the Nemo Road Milling and Overlay Project: Bituminous Paving Inc. - $579,951.20; Simon Contracting - $677,632.74; Hills Material Company - $683,672.30. Moved-Seconded (Douglas-Thompson) to accept the low bid of Bituminous Paving Inc., contingent upon approval of the SDDOT. Motion Carried.

BRIDGE REINSPECTION RESOLUTION #08-08: Moved-Seconded (Seward-Thompson) to approve and authorize the Chairman to sign the following Bridge Reinspection Resolution. Motion Carried. Resolution #2008-08 BRIDGE REINSPECTION PROGRAM RESOLUTION FOR USE WITH SDDOT RETAINER CONTRACTS WHEREAS, Title 23, Section 151, United States Code and Title 23, Part 650, Subpart C, Code of Federal Regulations, requires initial inspection of all bridges and reinspection at intervals not to exceed two years with the exception of reinforced concrete box culverts that meet specific criteria. These culverts are reinspected at intervals not to exceed four years. THEREFORE, Lawrence County is desirous of participating in the Bridge Inspection Program using Bridge Replacement funds. The County requests SDDOT to hire NJS Engineering (Consulting Engineers) for the inspection work. SDDOT will secure federal approvals, make payments to the Consulting Engineer for inspection services rendered, and bill the County for 20% of the cost. The County will be responsible for the required 20% matching funds. There are a total of 39 bridges in Lawrence County that require inspection. Dated this 26 th day of February, 2008, at Deadwood, South Dakota. Board of County Commissioners of Lawrence County TERRY W. WEISENBERG, Chairman of the Board. ATTEST: Connie Atkinson, County Auditor.

CONDITIONAL USE PERMIT #354 / ZIMBLEMAN: A public hearing was held on CUP #354 Gary Zimbleman – Windmill; Legal Description: Lot E Blk 1, Hardy Subdivision Sec 32, T7N, R2E, Location: North of Spearfish on Old Belle Road, Purpose: Windmill, Zoning: SRD. Mark Holstein, Distributor for GenPro Energy Solutions was present. John Powell spoke in favor of the project. The public hearing was closed. Moved-Seconded (Seward-Thompson) to follow Planning and Zoning recommendation and approve Conditional Use Permit #354, with the attached conditions – omitting Condition #17, and on file in the Planning and Zoning Office. Motion Carried.

CHANGE OF ZONING #273: A public hearing and 1 st reading was held on Change of Zoning #273, Owner/Representative: Dave Fremont, Loren & Tammy Benedict and Kevin Krog; Legal Description: SW1/4 NE1/4, Section 35, T7N, R2E., Location: Northeast of Spearfish, on Kerwin Lane, Purpose: To bring existing legal descriptions and lots into compliance, Zoning: A-1 to A-2. No public input was voiced and the public hearing was closed.

CONDITIONAL USE PERMIT #353 / BROWN: A public hearing was held on CUP #353; Owner/Representative: Charles Brown; Legal Description: NE1/4 SE1/4, Section 1, T5N, R3E., Location: North of Deadwood, East of Hwy 85 past Preacher Smith Monument, Purpose: Windmill, Zoning: PF. George Picard, Attorney representing Kevin Costner was in attendance and acknowledge receipt of the notice of hearing. No public input was voiced and the hearing was closed. Moved-Seconded (Seward-Ewing) to follow Planning and Zoning recommendation and approve Conditional Use Permit #353, with attached conditions on file in the Planning and Zoning Office. Motion Carried.

BILLS: Moved-Seconded (Thompson-Weisenberg) to approve payment of the following 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-$5,914.87; Aud-$6,920.40; Treas-$8,679.87; Comp-$15,377.51; States Atty- $12,714.17; Pub Def-$8,064.47; Gen Govt Bldg-$6,832.92; Equal-$13,505.14; Rod-$6,662.38; Vso-$1,085.27; Disp-$9,621.11; Sher-$30,344.35; Jail-$18,397.97; Emerg Mgnt-$3,092.61; E911- $1,533.80; Highway-$36,590.32; Air-$1,075.60; Mh Serv-$320.00; Ext-$1,272.80; Weed- $1,596.64; Pz-$2,803.76; Bills: Finnesand,A-$20.00; Writer,J-$180.00; A&B Business Equip- $759.69; A&J Supply-$53.76; Abc Business Supply-$309.92; Active Data Systems-$1,037.30; Alltel-$402.06; Altaire Enterprises-$200.00; Amcon Distributing-$307.39; American Family Life- $3,270.00; American Legion Post 31-$50.00; BH Chemical Company-$235.30; BH Federal Credit Union-$10,122.00; BH Power & Light-$7,352.85; Best Western Ramkota Hotel-$139.98; Black Hills Auto Parts-$395.88; Black Hills Pure-$11.50; Bp-$912.53; Brady Pluimer, PC-$5,824.51; Butler Machinery Co-$179.12; Butte County Sheriff-$11.72; Career Track-$99.00; Carol Butzman Consluting-$671.85; Central Parts-$7.60; Clinical Lab Of BH-$272.00; Converse County Sheriff- $35.00; Creative Car Components-$210.84; Credit Collections Bureau-$80.00; Culligan Soft Water Serv-$260.50; Dakotaland Doors-$447.26; Datec-$2,343.55; Deadwood Home Center-$58.14; Deadwood Recreation Center-$172.00; Delta Dental Of South Dakota-$4,932.80; Dept Of The Treasury-$42,324.34; Division Of Motor Veh-$49.00; Esri-$1,960.00; Firehouse-$29.95; First Western Bank-$2,615.87; First Western Ins Deadwood-$3,490.00; Fish,Veronica-$177.20; Foothills Contracting-$519,695.33; Gall's-$208.98; Greens Alignment-$267.63; Grimm's Pump Service-$177.46; Hartford-Priority Accounts-$1,421.65; Havemeier,Leslie-$271.60; Heisler Hardware-$24.03; Hewlett-Packard Company-$22,691.00; Ibm Corp-$564.68; Kadrmas, Lee And Jackson-$85,196.26; Kieffer,Tracy-$40.80; LC Treasurer-$652.14; Language Line Services- $72.60; Manlove Psychiatric Group-$291.50; Mcarthur, Janet-$90.00; Medica-$52,111.41; Midwest Alarm-$84.00; Miller,Steve-$9,131.52; Montana-Dakota Util-$512.19; NH Family Ymca- $404.80; NH Training Center-$2,500.00; National Sheriff's Assoc-$100.00; Nelson,Christy- $301.10; Neve's Uniforms-$1,358.81; Newman Traffic Signs-$1,326.31; Novus-$50.00; Office Of Child Support-$195.69; Pennington Co Jail-$1,888.60; Pennington County Sts Attny-$200.00; Pheasantland Industries-$518.53; Phillips Petroleum Co-$307.76; Prairiewave Communications- $2,601.74; Priority Dispatch-$98.00; Quill Corp-$277.29; Qwest-$594.47; Qwest Comm-$562.50; RC Regional Hospital-$1,940.22; Rdj Specialities-$605.12; Regan Battery Ma Services-$130.85; Reliable-$69.70; SD Assn Of Co Comm-$50.00; SD Dept Of Transportation-$2,397.00; SD Retirement System-$47,433.65; SD States Attorney-$575.00; Sdrs Supplemental Retirement- $991.50; Secretary Of State-$25.00; Servall Towel & Linen-$278.69; Setina Mfg Co-$2,374.11; Seward & Odenbach-$472.00; Spearfish Auto Supply-$129.01; Spearfish Electric & Heating- $178.57; Superior Lamp And Supply-$369.17; Tellinghuisen & Gordon-$819.74; Tigerdirect- $68.47; Tollefson,Jamey-$19.03; Triple K Tire & Repair-$69.80; Twin City Hardware & Lumber-

$838.69; United Parcel Service-$54.99; Verizon Wireless-$1,888.37; Victims Of Violence- $305.00; Walmart Store-$268.28; Wells Fargo Business Card-$979.20; Western Communication - $404.50; Western Sd Juvenile Serv-$9,300.00; Wsi Corp-$780.00; Yankton County-$101.25; Witness & Jurors: Head,W-$22.22; Homestead,F-$34.80; Johnson,A-$34.80; Laduke,R-$31.10; Marko,T-$31.10; Noland,M-$22.22; Sherman,D-$33.32; Sullivan,M-$34.80; Vopat,A-$31.10; Batchman,M-$53.51; Bukovac,W-$20.00; Derby,N-$20.00; Estrada,S-$29.10; Greenwald,J- $20.00; Hauk,B-$20.00; Hopkins,J-$20.00; Jordan,E-$23.70; Lopez,B-$29.62; Murray,J-$20.00; Nelson,A-$32.58; Robinson,M-$20.00; Vangundy,L-$168.00; Walton,W-$20.00; Willuweit,A- $20.00; Willuweit,K-$20.00

ADJOURN: 9:56 a.m. there being no further business it was Moved-Seconded (Seward- Thompson) to adjourn. Motion Carried. ______Date Approved

______Terry W. Weisenberg, Chairperson ATTEST:

______Connie Atkinson, Auditor LAWRENCE COUNTY COMMISSIONERS MEETING – March 11, 2008

Terry W. Weisenberg called the regular meeting of the Lawrence County Commissioners to order at 8:00 a.m. on March 11, 2008 in the Administrative Annex Building of the Lawrence County Courthouse located at 90 Sherman Street, Deadwood, SD with Commissioners, Bob Ewing, James J. Seward and Tommy Thompson present. Connie H. Douglas was absent.

All motions were passed by unanimous vote, by all members present, unless stated otherwise.

AGENDA: Moved-Seconded (Thompson-Ewing) to approve the agenda as amended. Motion Carried.

MINUTES: Moved-Seconded (Ewing-Seward) to approve the minutes of February 26, 2008 County Commission meeting. Motion Carried.

PERSONNEL: AUDITOR: Moved-Seconded (Seward-Ewing) to approve Robin Millard as an Accounting Clerk G1 at the base rate of $11.32 an hour, effective 3-12-2008. Motion Carried.

SHERIFF: Moved-Seconded (Thompson-Seward) to approve Jesse Ranek as a part-time corrections officer II G1, at the base rate of $14.86 an hour, effective 2-25-2008, upon the completion of 40 hours of training at $8.61 an hour. Motion Carried.

Moved-Seconded (Seward-Thompson) to approve Misti Walker as a part time Guard Transport Officer at the rate of $11.40 an hour, effective 02-29-08. Motion Carried.

Moved-Seconded (Ewing-Thompson) to reinstate Seth Brennen as a Correctional Sergeant G3 at the base rate of $16.08 an hour, effective 2-25-2008. Motion Carried.

HIGHWAY: Moved-Seconded (Seward-Ewing) to accept the letter of resignation of Roger Hudson and allow for the advertising for the open position in the Highway Department. Motion Carried.

EXTENSION: Moved-Seconded (Thompson-Ewing) to approve Alyce Bertch as an Administrative Secretary G3, at the base rate of $14.72 an hour, effective 3-17-2008. Motion Carried. Aye-Thompson, Ewing and Seward. Nay-Weisenberg. Weisenberg stated this is not a budgeted step raise.

TIMBER COMMITTEE APPOINTMENT: Moved-Seconded (Seward-Weisenberg) to appoint John Frederickson to the Timber Committee for a three year term to expire 3-2011. Motion Carried.

TRAVEL REQUEST: EQUALIZATION: Moved-Seconded (Ewing-Weisenberg) to approve the travel request for Darlene Piekkola to attend the North Central Regional Association of Assessing Officers – Annual Conference in Green Bay Wisconsin on June 14-18, 2008. Motion Carried.

SHERIFF: Moved-Seconded (Thompson-Weisenberg) to approve the travel request for Brooke Leighty to attend the Hostage Negotiations and Crisis Intervention Phase I & II in Billings, Montana on June 1-6, 2008. Motion Carried.

NORTHERN HILLS ALCOHOL & DRUG SERVICES: Moved-Seconded (Seward- Thompson) to approve and authorize the Chairman to sign the Core Service Agency Agreement with the Northern Hills Alcohol and Drug Services. Motion Carried.

TWO BIT SPRINGS: Moved-Seconded (Ewing-Thompson) to appoint Terry Weisenberg and Jim Seward to meet with Don Hander, Jon Mattson, Dick Birk, Amber Vogt, Bruce Outka, and the Forest Service so see if an agreement can be reached to assign the Forest Service Road to the Road District to assure a second access. Motion Carried.

EXTENSION AUTOMATIC SUPPLEMENT: Moved-Seconded (Seward-Weisenberg) to approve an automatic supplement of $2,050.00 in the Extension Grants Budget to cover grant fund expenditures for the SDSU Federal Mail Grant. Motion Carried.

AUDITOR’S ACCOUNT WITH TREASURER REPORT: Moved-Seconded (Thompson- Seward) to accept the following report as read by the Auditor. Motion Carried. Auditor's Account with the County Treasurer: as of February 29, 2008 showed the following: Total amount of actual cash-$1,250.00; Total amount of Checks and drafts in Treasurer's possession not exceeding three days (check deposit in transit)-$43,614.47; Total amount of cash in transit in Treasurer's possession (cash deposit in transit)-$4,320.79; Petty Cash-$1,635.00; Total amount of deposits in bank include: CD's-$4,200,000; Savings $257,863.05, Money Market $513,854.97; Bank Balance- $4,027,471.55; Total $9,050,009.83.

FUEL QUOTES: The following fuel quotes were submitted as of March 5-6, 2008: Spearfish Diesel 4500 Gallons: (prices per gallon) Cenex Oil Co. 3.088*, Southside Oil - $no-bid; Rollin Oil – no bid M.G. Oil Co. $no bid (*represents lowest quote). Spearfish Unleaded 700 Gallons: (prices per gallon) Cenex Oil Co. $2.919*; Southside Oil - $no bid; Rollin Oil – no bid M.G. Oil Co. no bid (*represents lowest quote). Whitewood Diesel 550 Gallons: (prices per gallon) Cenex Oil Co. 3.117*, Southside Oil - $3.18; Rollin Oil – no bid M.G. Oil Co. $no bid (*represents lowest quote). Deadwood Diesel 7800 Gallons: (prices per gallon) Cenex Oil Co. 3.161*, Southside Oil - $3.07(unable to deliver); Rollin Oil – no bid M.G. Oil Co. $no bid (*represents lowest quote). Deadwood Unleaded 4000 Gallons: (prices per gallon) Cenex Oil Co. $2.919*; Southside Oil - $2.82; Rollin Oil – no bid M.G. Oil Co. no bid (*represents lowest quote).

ABATEMENTS: ERIC & DONNA LIE: Moved-Seconded (Ewing-Thompson) to follow the recommendation of Darlene Piekkola, Director of Equalization, and deny the abatement for Eric & Donna Lie on parcel #20000-00602-055-15 because the application for Owner Occupied Status was not filed. Motion Carried.

LEE THOMPSON & ADRIAN NEWKIRK: Moved-Seconded (Ewing-Thompson) to approve the abatement for Lee Thompson and Adrian Newkirk on parcel #30025-08900-120-00 because the owner occupied status was inadvertently removed. Motion Carried.

FRANKLIN HOTEL: Moved-Seconded (Seward-Weisenberg) to approve the abatement for the Franklin Hotel on parcel #30025-02300-140-00 because they received the Historic Moratorium. Motion Carried.

SHERIFF’S OFFICE CELL PHONE USAGE: Joe Harmon discussed cell phones in the Sheriff’s Office. Discussion followed on the IRS regulations on employee cell phones. Harmon recommended the County increase the per diem paid to the Sheriff Office employees. The employees would then be responsible to provide their own cell phone and plans. This would eliminate the need to audit the phone bills for personnel phone calls. The Board was in support of the option and costs will be researched.

UTILITY PERMITS: BUTTE ELECTRIC: Moved-Seconded (Ewing-Seward) to approve the utility permit for Butte Electric located across from W. Hwy 14 1730’ West of Crow Creek Bridge for underground facilities. Motion Carried.

HIGHWAY SUPPLIES BID OPENING: Moved-Seconded (Seward-Thompson) to set a bid opening for April 8, 2008 at 8:30 a.m. for Magnesium Chloride, asphalt hot mix, asphalt cold mix, gravel aggregates and de-icing sand. Motion Carried.

HIGHWAY – CULVERT BIDS: Moved-Seconded (Thompson-Weisenberg) to approve and authorize the purchase of metal culverts and other bridge material off the Beadle County Bid from Huron Culvert & Tank Co. for 2008. Motion Carried. (Bid on file in the Lawrence County Auditor’s Office)

108 TH STREET BRIDGE: Moved-Seconded (Ewing-Thompson) to set a bid opening for April 8, 2008 at 8:45 a.m. for the overlay of the 108 th Street Bridge. Motion Carried.

STRIPING AGREEMENT: Moved-Seconded (Seward-Ewing) to approve and authorize the Chairperson to sign the 2008 County Striping Program Agreement with the Department of Transportation. Motion Carried.

MAITLAND ROAD: Moved-Seconded (Seward-Weisenberg) to contract with NJS Engineering to draw up bid specs on the paving project on the Maitland Road. Motion Carried. This will be a shared cost project with Maitland Partners.

ST. ONGE OIL ROAD: Dick Birk and Bruce Outka updated the Board on the St. Onge Oil Road. Birk stated the contractor’s working for the City of Spearfish failed to contact the County prior to closing the Road and digging across the road to install service lines. The contractor has since filled in the road with cold mix until the hot plants are operating. They will then replace with hot mix. Outka and Birk will be meeting with the City to discuss the problem and to assure it doesn’t happen in the future.

CHANGE OF ZONING #273: 2 nd reading was held on Change of Zoning #273, Owner/Representative: Dave Fremont, Loren & Tammy Benedict and Kevin Krog; Legal Description: SW1/4 NE1/4, Section 35, T7N, R2E., Location: Northeast of Spearfish, on Kerwin Lane, Purpose: To bring existing legal descriptions and lots into compliance, Zoning: A-1 to A-2. Moved-Seconded (Seward-Ewing) to approve Change of Zoning #273, contingent upon proof that Tammy & Loren Benedict obtain .50 acres from one of the surrounding property owners in order to meet the 8.00 acre minimum for the proposed A-2 zoning. Motion Carried.

TIMBERS SUBDIVISION \ BOND RELEASE: Moved-Seconded (Ewing-Thompson) to follow the recommendation of the Planning and Zoning Director and release the Timbers Subdivision Bond. Motion Carried.

TREASURER’S TRUST AGREEMENT CANCELLATION: Moved-Seconded (Ewing- Thompson) to follow the recommendation of the Treasurer and cancel the agreement with Herbert and Jessie Fandrich for the delay of taking action to Treasurer’s Deed. Motion Carried.

BILLS: Moved-Seconded (Ewing-Weisenberg) to approve payment of the following 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-$5,874.87; Aud-$6,920.42; Treas-$8,700.99; Comp-$5,377.51; States Atty- $12,714.17; Pub Def-$6,957.68; Gen Govt Bldg-$6,723.49; Equal-$13,536.83; Deeds-$6,662.38; Vso-$1,085.27; Disp-$13,037.61; Sher-$32,195.46; Jail-$20,671.57; Emerg Mgnt-$3,089.61; E911-$1,504.80; Highway-$35,953.44; Air-$1,045.31; Ext-$1,272.80; Weed-$1,596.64; Pz- $2,603.76; Bills: Kellogg,S-$59.62; Mowell,R-$7,638.00; Schulz,S-$84.79; A&B Business Equip- $1,273.31; A&B Welding Supply-$15.50; A&I Distributors-$260.25; A&J Supply-$124.26; Abc Business Supply-$238.78; Accurint Account-$75.00; Active Data Systems-$585.98; Alco Store- $15.96; Alltel-$276.14; Amcon Distributing-$299.62; Anderson Oil Co-$111.14; Appriver- $912.00; BH Chemical Company-$555.48; BH Federal Credit Union-$10,122.00; BH Medical Ctr Pharmacy-$1,823.03; BH Pediatrics & Neonatology-$593.65; BH Pest Control-$95.00; BH Pioneer-$59.06; BH Power & Light-$585.28; BH Security & Systems-$806.95; BH Travel Agency-$1,225.00; Best Business Prod-$19.26; Black Hills Pure-$11.50; Black Hills Vision- $10,000.00; Bob Barker Company-$331.56; Brown,Kathy-$500.00; Butler Machinery Co- $1,823.32; Butte Electric Coop-$688.62; Central Parts-$777.61; Commercial Door & Special- $755.00; Conoco-$44.90; Crawford Supply Company-$51.36; Credit Collections Bureau-$80.00; Crook County Sheriff's Office-$35.00; Culligan Soft Water Serv-$90.00; Datec-$3,649.00; Deadwood Home Center-$124.36; Deadwood, City Of-$463.14; Dept Of Hlth Lab Services- $68.00; Dept Of The Treasury-$44,389.07; Dietrich,Donna-$135.33; Eddie's Truck Sales/Serv- $154.11; Executone Of The BH-$5,516.00; Farmers Union Oil-$29,430.66; Fastenal-$624.94; Federal Express-$20.73; First Western Bank-$1,037.08; Frederickson, John R-$859.80; Fsh Communications-$60.00; Gene's Lock Shop-$51.32; Great Western Tire-$64.95; Greens Alignment-$38.00; Hamann,Chris-$45.00; Havemeier,Leslie-$168.00; Heisler Hardware-$8.57; Hewlett-Packard Company-$909.00; Horn Law Office, Prof-$198.00; Ibm Corp-$1,176.00; Integrity Ford-$27.20; Jacobs Precision Welding-$15.40; Karpinen,Sharon-$630.00; Keefe Supply Company-$313.44; Kinney,Matthew-$3,892.47; Knecht True Value-$64.62; Knology-$131.32; Kooistra,Nelva-$15.00; Kosel,Joseph-$4,166.67; LC Journal-$555.30; LC Sheriff-$232.95; LC Treasurer-$100.00; Lead,City Of-$57.15; Lead-Deadwood Regional-$214.99; Lead-Deadwood Regional Hospital-$300.00; Lead-Deadwood Sanitary-$262.08; Lee,James-$15.00; Lexisnexis On- Line-$397.00; Lueders-$81.30; Mcclure,Susan-$270.00; Mcgas Propane-$1,309.50; Meade County Sheriff-$10.80; Menards-$475.52; Mid-Night Star-$90.95; Minnwest Bank Sioux Falls-$171.03; Montana-Dakota Util-$9,258.26; Ncraao-$200.00; Nelson,Tonya-$495.00; Neve's Uniforms- $155.60; Newton County Sheriff's Dept-$60.00; Newman Traffic Signs-$111.43; Office Max- $122.96; Office Of Child Support-$195.69; Office Technology/Supply-$27.50; Prairiewave Communications-$49.95; Quill Corp-$424.08; Qwest-$253.77; RC Regional Hospital-$1,618.44; Rabe Elevator-$690.96; Radio Shack/Kazco-$119.26; Rapid Delivery-$16.80; Regan Battery Ma Services-$51.78; Regional Behavioral Health-$117.69; Rehfuss,Cathryn-$15.00; Reindl,Staci- $3,045.25; Reliable-$5.44; Reserve Account-$6,000.00; Rocket Lube-$229.55; SD Aao-$775.00; SD Cvso-$50.00; SD Human Services Center-$105.10; SD Police Cheif's Association-$50.00; SD State Treasurer-$14,610.30; Sdrs Supplemental Retirement-$991.50; Servall Towel & Linen- $471.51; Seward & Odenbach-$333.95; Sherwood Lodge-$400.00; Southside Oil-$11,280.00; Spearfish Auto Supply-$681.94; Spearfish Glass-$210.56; Spearfish Motors-$188.33; Spearfish Police Dept-$45.29; Stretch's Glass & Mirror-$218.44; Super 8-Sioux Falls-$259.96; Tellinghuisen & Gordon-$1,065.70; The Crossroads Hotel-$325.50; Tigerdirect-$310.49; Twin City Hardware & Lumber-$86.84; Voelker & Adams-$1,409.40; Waste Connections-$453.37; Watts,James-$860.00; Western Communication-$60.50; White's Queen City Motors-$111.37; Wolff's Plumbing & Heating-$90.24; Xerox Corporation-$54.18; Yankton Co Sheriff-$25.00; Witness & Jurors: Bax,H-$21.32; Custis,D-$61.10; Hartl,S-$63.32; Koch,T-$64.80; Kymala,J-$68.50; Lanphear,J- $51.48; Meverden,R-$61.84; Stagner,R-$52.22; Buchholz,A-$21.85; Christopherson,J-$31.10; Heidrich,M-$53.30; Hubbard,M-$31.84; Krogstad,C-$32.58; Langer,L-$31.10; Nelles,J-$20.37; Stephen,L-$28.14; Weisharr,L-$44.42

ADJOURN: 9:17 a.m. there being no further business it was Moved-Seconded (Seward- Weisenberg) to adjourn. Motion Carried. ______Date Approved

______Terry W. Weisenberg, Chairperson ATTEST:

______Connie Atkinson, Auditor LAWRENCE COUNTY COMMISSIONERS MEETING – March 25, 2008

Terry W. Weisenberg called the regular meeting of the Lawrence County Commissioners to order at 8:00 a.m. on March 25, 2008 in the Administrative Annex Building of the Lawrence County Courthouse located at 90 Sherman Street, Deadwood, SD with Commissioners, Bob Ewing, Connie H. Douglas, James J. Seward and Tommy Thompson present.

All motions were passed by unanimous vote, by all members present, unless stated otherwise.

AGENDA: Moved-Seconded (Ewing-Thompson) to approve the agenda as amended. Motion Carried.

MINUTES: Moved-Seconded (Seward-Weisenberg) to approve the minutes of March 11, 2008 County Commission meeting. Motion Carried.

PERSONNEL: PUBLIC DEFENDER: Moved-Seconded (Douglas-Ewing) to approve Bernie Schuchmann as an unpaid intern in the Public Defenders Office through June 30, 2008 and then as a Full Time Attorney at the base rate of $42,000 yr salary, to be reviewed in six months with a possible $2,000 yr increase, effective 7-1-2008. Motion Carried.

LAWRENCE COUNTY RESOLUTION #2008-9 / PERSONNEL POLICIES HANDBOOK: Moved-Seconded (Seward-Thompson) to approve and authorize the Chairman to sign the following Resolution #2008-9 – Amendment #2 to the Lawrence County Personnel Policies Handbook. Motion Carried. LAWRENCE COUNTY RESOLUTION #2008-9 / AMENDMENT #2 / LAWRENCE COUNTY PERSONNEL POLICIES HANDBOOK: WHEREAS, the Lawrence County Commissioners have adopted the Lawrence County Personnel Manual, Resolution #2005-19, to establish a fair system of personnel administration; and WHEREAS, updates need to be made periodically to reflect changes in federal regulations; THEREFORE BE IT RESOLVED that effective April 1, 2008 and upon favorable passage of this resolution and until otherwise revised, the following revision is hereby adopted for ARTICLE VI. LEAVES OF ABSENCE of the Lawrence County Personnel Manual. 6.3) FAMILY AND MEDICAL LEAVE ACT: Under the Family and Medical Leave Act of 1993 (FMLA), employees who have been with Lawrence County for 12 months and have worked at least 1250 hours during the 12 months immediately preceding commencement of leave will be eligible for up to 12 weeks of leave, paid or unpaid, during a 12 month period for any of the following reasons: 1) The birth of the employee’s child and in order to care for the child; 2) The placement of a child with the employee for adoption or foster care; 3) To care for a spouse, child or parent who has a serious health condition; or 4) A serious health condition that renders the employee incapable of performing the functions of his or her job. Special Military Active Duty Provision: FMLA allows 12 weeks of leave during any 12 month period for “any qualifying exigency” for the spouse, child or parent of a family member who is on active duty or is notified of an impending call or order to active duty in the armed forces (including the Reserves and National Guard); and 26 weeks of leave during one 12 month period for the covered spouse, child, parent or next of kin of an armed forces member who is undergoing medical treatment, recuperation or therapy, is on out- patient status, or is on the temporary disabled retired list for a serious injury or illness. Employees are required to use any available paid leave as part of the leave period. The entitlement to leave for the birth or placement of a child for adoption or foster care will expire 12 months from the date of the birth or placement. Leaves of absence for pregnancy, childbirth, family care, or an employee’s illness or injury which qualify under the FMLA and/or state law will be granted in accordance with those laws. APPLICATION FOR LEAVE: In all cases, an employee requesting leave must complete the attached “Application for Family and Medical Leave” and return it to the Auditor’s Office. The application must state the reason for the leave, the duration, and the starting and ending dates. (Appendix 3) NOTICE OF LEAVE AND RETURN TO WORK: Employees are expected to provide at least 30 days notice of the need for leave to their department head and Auditor’s Office. Notice may be waived in emergency medical conditions or unforeseen changes. All employees returning to work from medical leave caused by their own illness will be required to obtain medical certification from their Doctor that they are able to resume work. CERTIFICATION: Employees who use this leave for other than childbirth must provide a Doctor’s certification explaining their own health condition or that of a family member. It should detail the date the condition began; the probable duration; appropriate medical facts regarding the condition; a statement that the employee is needed to care for a spouse, parent or child; a statement that the employee’s own health condition makes it impossible to return to work. EMPLOYMENT AND BENEFITS: An employee will be retained on the health insurance plan under the same conditions that applied before leave commenced. To continue health coverage, the employee must continue to make any contributions that they made before taking leave. Failure of the employee to pay his or her share of the health insurance premium may result in loss of coverage. Please note that if you fail to return from your leave, the County may recover from you the cost of any premiums paid on your behalf to continue health coverage. Whenever possible, employees will be returned to either the same position they held before the leave or to an equivalent position. Employees will not accumulate any sick or vacation leave hours for any leave taken under this policy with no pay. Dated this 25 th day of March, 2008. FOR THE BOARD: Terry W. Weisenberg, CHAIR. ATTEST: Connie Atkinson, AUDITOR.

LAWRENCE COUNTY RESOLUTION #2008-10 / WELFARE GUIDELINES: Moved- Seconded (Douglas-Seward) to approve and authorize the Chairman to sign the following Resolution #2008-10. Motion Carried. LAWRENCE COUNTY RESOLUTION #2008-10 / AMENDMENT #14 / 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 in the Federal Register, which are updated on a periodic basis as eligibility standards; NOW THEREFORE BE IT RESOLVED, that effective April 1, 2008, 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 25 th day of March 2008. FOR THE BOARD: Terry W. Weisenberg, CHAIR. ATTEST: Connie Atkinson, AUDITOR

AMBULANCE AGREEMENTS: Moved-Seconded (Ewing-Douglas) to approve and authorize the chairman to sign the ambulance agreements with Lead/Deadwood Regional Hospital for the year of 2008. Motion Carried.

VOLUNTEER FIRE FIGHTER MEMBERS: Moved-Seconded (Seward-Ewing) to approve John Hauge as a member of the Volunteer Fire Fighters for insurance purposes. Motion Carried.

FIRE PROTECTION FUNDS: The Board discussed a request from the Fire Chiefs Association for the $4,371.35 remaining funds that were donated by Mr. Dunn in 2003 for education. The Association is requesting the funds to be used to improve the capacity of their organization to provide firefighting training for local firefighters. The funds would be used for hardware, software and training materials. The Board discussed dividing the funds equally between the fire departments and allowing the individual fire departments to determine their educational needs. Moved-Seconded (Seward-Ewing) to divide the $4,371.35 donated funds equally between the ten fire departments in Lawrence County for Educational purposes. Motion Carried.

AIRPORT PROJECT BID OPENINGS: Moved-Seconded (Seward-Weisenberg) to set the bid opening for Phase 2 Airport Road Paving for April 22, 2008 at 9:00 a.m. and May 13, 2008 at 9:00 a.m. for Phase 3 Airport Runway Paving. Motion Carried.

ST. ONGE TOWNSHIP BOND: Moved-Seconded (Douglas-Seward) to approve the St. Onge Township Bond for $20,000 on Sheila Mae Kinghorn. Motion Carried.

EMERGENCY MANAGEMENT AUTOMATIC SUPPLEMENT: Moved-Seconded (Seward- Douglas) to approve an automatic supplement of $10,600.00 in Emergency Management Grants for funds received from other Government Entities. Motion Carried

NEMO ROAD MILLING & OVERLAY CONTRACTS: Moved-Seconded (Thompson- Seward) to approve and authorize the Chairman to sign the Construction Contract for the Nemo Road Milling and Overlay P6404(00), PCN 01L8. Motion Carried.

TWO BIT ROAD: Terry Weisenberg updated the Board on the discussion held with Jim Seward, Don Hander, Jon Mattson, Dick Birk, Amber Vogt, Bruce Outka, and the Forest Service on the Two Bit Road and the second access for the subdivision. Mattson and Hander have agreed to pay for the improvement on the road. Moved-Seconded (Ewing-Seward) to accept the agreement that Hander and Mattson pay for the improvements to Two Bit Road and then the County will continue to maintain the road. The County will be allowed pre-approval of the plans prior to work commencing on the road. Motion Carried.

An agreement could not be reached with the Forest Service and a meeting will be scheduled in April when Craig Bobzien from the Forest Service is able to attend. Tammy & Jeanie Reif and Arnie Davis, were present and expressed concerns of the increased traffic in their area. Mattson stated a gate would be installed and marked for emergency access only.

CONDITIONAL USE PERMIT #357: A public hearing was held on an application for Conditional Use Permit #357: SPIRIT OF THE HILLS/David Elsom Vet Clinic/Crematory. Owner/Representative: David Elsom/Spirit of the Hills Sanctuary, Legal Description: NE1/4 SE1/4 SW1/4 SE1/4, Section 17, T6N, R2E (2.5 acres), Location: Tinton Road, Purpose: Veterinary Clinic/Crematory, Zoning: A-1, NOTE: Dr. Elsom is applying for this CUP, with a different location, to replace CUP #351. No pubic input was present and the public hearing was closed. Moved-Seconded (Ewing-Thompson) to approve Conditional Use Permit #357, with conditions as on file in the Planning and Zoning Office, and to cancel CUP#351.

ANNUAL REVIEW / CONDITIONAL USE PERMIT #307: Amber Vogt, Planning and Zoning Director, stated she has been unable to make contact with the permittee of Conditional Use Permit #307. Moved-Seconded (Ewing-Thompson) to table the annual review until contact and verification of compliance is obtained. Motion Carried.

ANNUAL REVIEW / CONDITIONAL USE PERMIT #318 & #331: An annual review was held on Conditional Use Permit #318 & 331 David Ruth and Jeralyn Ruth for a Foot Clinic and Beauty Shop located on SD HWY 14A near Central City. David was present and stated the Beauty Shop is in operation and he received notification today that a state license is not required for reflexology. The Board will review in one year.

PLAT / MACDOUGALL/SNOOK/ELLIS : Moved-Seconded (Seward-Weisenberg) to approve the plat of Owner/Representative: James MacDougall/Clint Snook/Ellis Consultants, Legal Description: HES 497, Sections 31 & 32, T3N, R1E, Section 5. T2N, R1E (legal shortened), Location: SW of O’Neill Pass Hwy 85, Purpose: Subdivision, Zoning: PF. Motion Carried.

BOUNDARY PLAT MATTSON: Moved-Seconded (Ewing-Douglas) to approve the BOUNDARY PLAT for Owner/Representative: Mattson, LLC/Arleth & Associates, Legal Description: Plat of Tracts A, B, & C of multiple Mineral Surveys in Sections 25&36, T5N, R3E, and Section 30, T5N, R4E (legal shortened), Location: Boulder Canyon/Two Bit Road, Purpose: New Subdivision, Zoning: PF. Motion Carried.

MOBILE HOME ABATEMENT: Moved-Seconded (Douglas-Seward) to approve the abatement on a 1975 VIN/RF135125 SD Title #Y54782 because the mobile home was moved out of the County in 2006. Motion Carried.

CELL PHONE POLICY & REGULATIONS: The Board discussed the IRS Regulations for cell phone usage. Moved-Seconded (Ewing-Thompson) to direct Bruce Outka to draft a policy to pay the employee a taxable per diem. The Department Head would be responsible to recommend to the Board the amount to pay the employee to help defer the cost of a plan to cover work related calls on their personal phone plan. Motion Carried. The employees would be responsible to provide their own cell phone and plans. This would eliminate the need to audit the phone bills for personal phone calls.

BILLS: Moved-Seconded (Ewing-Thompson) to approve payment of the following 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-$5,874.87; Aud-$5,927.60; Treas- $8,679.87; Comp-$5,377.51; States Atty-$12,723.35; Pub Def-$6,957.68; Gen Govt Bldg- $6,763.93; Equal-$13,441.86; Rod-$7,655.18; Vso-$1,085.27; Disp-$9,787.16; Sher-$31,620.55; Jail-$20,308.22; Emerg Mgnt-$3,092.61; E911-$1,519.80; Highway-$35,295.29; Air-$915.60; Mental Hlth-$1,200.00; Ext-$1,272.80; Weed-$1,597.44; Pz-$2,843.76; Bills : Boyer,J-$301.00; Heck,D-$316.00; Hudson,R-$2.52; Kellogg,S-$59.62; Rombough,D-$106.48; Shafer,M-$182.80; Writer,J-$660.06; A&B Business Equip-$15,544.42; A-Z Shredding-$10.50; Abc Business Supply- $466.13; Alltel-$6,171.44; Amcon Distributing-$375.25; BH Chemical Company-$166.74; BH Federal Credit Union-$9,869.00; BH Legal Professionals Assoc-$70.00; BH Pioneer-$694.23; BH Power & Light-$7,072.73; Baron Properties-$400.00; Bent Willow Design-$35.75; Billion Auto Center Of Salem-$255.00; Bob Barker Company-$137.70; Bp-$804.91; Brady Pluimer,-$707.50; Braun Intertec-$641.25; Carol Butzman Consluting-$394.39; Central Parts-$21.98; City/County Alcohol &Drug-$375.00; Credit Collections Bureau-$80.00; Culligan Soft Water Serv-$83.00; Dakota 911 Conference-$420.00; Deadwood Recreation Center-$164.00; Deadwood Thymes Cafe & Bistro-$72.00; Delta Dental Of South Dakota-$4,983.00; Dept Of The Treasury-$42,963.18; Diamond Mowers-$528.28; Eagle Aviation-$78.42; Ensignal-$379.98; Fligge,Brett-$500.00; Foothills Contracting-$468,816.66; Gall's-$204.90; Greens Alignment-$319.74; Haeder Appraisal Service-$4,000.00; Hartford-Priority Accounts-$1,413.45; Havemeier,Leslie-$54.40; Heartland Paper Co-$1,439.91; Heisler Hardware-$16.99; Hewlett-Packard Company-$909.00; Hillside Disposal Service-$69.00; Howell,Jack-$510.60; Ibm Corp-$442.04; Iga-$2.58; Intoximeters- $222.50; Jacobs Precision Welding-$52.80; Janke,Wendy-$495.00; Juneks Chrysler/Dodge- $134.94; Kadrmas,Lee And Jackson-$76,606.02; Kieffer,Tracy-$1,772.40; Kinney,Matthew- $1,312.94; Knology-$1,883.92; LC Sheriff-$87.32; LC Treasurer-$100.00; Language Line Services-$50.26; Lawson Products-$43.67; Lewis & Clark-$130.00; M&M Sanitation-$105.00; Mcarthur, Janet-$45.00; Mcclure, Susan-$180.00; Medica-$51,016.88; Menards-$64.78; Mid- Continent Testing-$850.00; Mobley, Tina-$222.00; Montana-Dakota Util-$407.59; Muth Electric- $353.11; NH Alcohol & Drug Services-$12,000.00; NH Family Ymca-$448.80; National 4-H Council Sup Serv-$140.40; National Business Furniture-$178.95; Nelson,Christy-$405.00; Nelson,Tonya-$495.00; Neve's Uniforms-$594.39; Office Depot-$913.45; Office Of Child Support-$195.69; P.I.E.-$7,420.61; Paperdirect-$71.93; Pennington Co Jail-$657.70; Phillips Petroleum Co-$175.85; Pitney Bowes-$1,197.00; Postmaster,Deadwood-$68.00; Quill Corp- $201.46; Qwest-$1,159.16; RC Finance Office-$1,785.00; RC Regional Hospital-$274.67; Rabe Elevator-$690.96; Reindl,Staci-$786.20; Rocky Mountain Instrumental-$37.76; SD Dept Of Labor Unemployment-$3,399.72; SD Dept Of Transportation-$1,903.50; SD Human Services Center- $400.00; SD Retirement System-$47,304.86; SD Sheriff's Association-$1,032.06; Sdrs Supplemental Retirement-$991.50; Sharkey Plumbing & Heating-$104.51; Servall Towel & Linen- $278.69; Shell Fleet Management-$268.76; Spearfish Auto Supply-$29.11; Spearfish Motors- $36.89; Spearfish Police Dept-$21.92; Stadler Ind Service-$560.98; Stretch's Glass & Mirror- $750.54; T&W Appliance/Knothole-$64.50; Tellinghuisen & Gordon-$2,074.04; Tigerdirect- $494.16; Triple K Tire & Repair-$755.84; Twin City Hardware & Lumber-$63.56; Verizon Wireless-$1,099.30; Victims Of Violence-$525.00; Voelker & Adams-$748.00; Walmart Store- $256.54; Wells Fargo Business Card-$848.92; Western Sd Juvenile Serv-$21,200.00; Whitewood Library-$58,400.00; Yankton County-$101.25; Custis,D-$61.10; Gilles,A-$52.22; Hartl,S-$63.32; Lanphear,J-$51.48; Meverden,R-$61.84; Papenfuss,T-$61.10; Peacemaker,E-$62.58; Proctor,D- $53.70; Richards,M-$55.92; Schuttler,R-$61.10; Showman,S-$62.58; Stagner,R-$52.22; Stewart,S- $60.36; Trouton,J-$50.74; Murphy,S-$31.10; Pilatos,T-$21.48

ADJOURN: 9:44 a.m. there being no further business it was Moved-Seconded (Seward-Douglas) to adjourn. Motion Carried. ______Date Approved

______Terry W. Weisenberg, Chairperson ATTEST:

______Connie Atkinson, Auditor LAWRENCE COUNTY COMMISSIONERS MEETING – April 8, 2008

Terry W. Weisenberg called the regular meeting of the Lawrence County Commissioners to order at 8:00 a.m. on April 8, 2008 in the Administrative Annex Building of the Lawrence County Courthouse located at 90 Sherman Street, Deadwood, SD with Commissioners, Bob Ewing, Connie H. Douglas, James J. Seward and Tommy Thompson present.

All motions were passed by unanimous vote, by all members present, unless stated otherwise.

AGENDA: Moved-Seconded (Thompson-Ewing) to approve the agenda as amended. Motion Carried.

MINUTES: Moved-Seconded (Seward-Weisenberg) to approve the minutes of March 25, 2008 County Commission meeting. Motion Carried.

AUGUST MEETINGS: Moved by Seward to hold one meeting in August on August 19, 2008. Motion died due to the lack of second.

Moved-Seconded (Douglas-Thompson) to hold one meeting in August on August 12, 2008. Motion Carried. Aye-4, Nay-Seward.

Moved-Seconded (Seward-Ewing) to change the August 12, 2008 meeting to August 19, 2008. Motion Carried.

PERSONNEL: INVASIVE SPECIES MANAGEMENT: Moved-Seconded (Ewing-Weisenberg) to approve the following as seasonal employees: Shad Schneider as GPS G3 $12.77hr, Kayla Ferguson GPS G1 $10.95; Tony Dill GPS GI $10.95; Waycee Coleman GPS G2 11.43; and Josh Breske GPS G1 $10.95 an hour, effective 4-8-2008. Motion Carried.

INVASIVE SPECIES MANAGEMENT BOARD APPOINTMENT: Moved-Seconded (Ewing-Seward) to appoint Bob Rahja to the Invasive Species Management Board for a term to expire 1-2009. Motion Carried.

COOPERATIVE LAW ENFORCEMENT AGREEMENT: Moved-Seconded (Douglas- Seward) to approve and authorize the Chairperson to sign the Cooperative Law Enforcement Agreement #03-LE-11020300-005 Amendment #7. Motion Carried.

WOLF POLICY: The Board discussed the correspondence from Meade County in reference to removing wolves from the Federal Endangered Species List. Seward and Ewing will research the issue and report back to the Board.

AUDITOR’S ACCOUNT WITH TREASURER REPORT: Moved-Seconded (Thompson- Weisenberg) to accept the following report as read by the Auditor. Motion Carried. Auditor's Account with the County Treasurer: as of March 31, 2008 showed the following: Total amount of actual cash-$1,250.00; Total amount of Checks and drafts in Treasurer's possession not exceeding three days (check deposit in transit)-$81,198.93; Total amount of cash in transit in Treasurer's possession (cash deposit in transit)-$3,827.27; Petty Cash-$1,635.00; Total amount of deposits in bank include: CD's-$4,200,000; Savings $257,863.05, Money Market $515,207.89; Bank Balance- $4,133,435.16; Total $9,194,417.30.

ST. ONGE TOWNSHIP BOND: Moved-Seconded (Ewing-Thompson) to approve the St. Onge Township Bond for $20,000 on Susan K. Smith. Motion Carried.

SUPPLEMENTAL BUDGET HEARING: Moved-Seconded (Douglas-Thompson) to set a supplemental budget hearing for April 22, 2008 at 8:15 a.m. for Fire Protection: Fire Wise - $10,000, Expenses - $4,500. Motion Carried.

TITLE III FUNDS: Moved-Seconded (Douglas-Weisenberg) to approve the following Title III Expenditures. Motion Carried. Category 1: SEARCH, RESCUE, AND EMERGENCY SERVICES: Spearfish Fire Department’s Search & Rescue Unit has submitted a proposal to purchase the following equipment: a 2008 Diesel 4X4 Crew Cab Rescue Truck with a Topper, Storage Unit, and Equipment; a 4X4 ATV and Enclosed Trailer. Amount Requested: $49,000 and $14,000. Lawrence County Search & Rescue Unit has submitted a proposal to purchase the following equipment: a 2008 Diesel 4X4 Crew Cab Rescue Truck with a Topper, Storage Unit, and Equipment. Amount Requested: $49,100. Category 4: FOREST RELATED EDUCATIONAL OPPORTUNITIES: South Dakota Project Learning Tree funds educational materials and opportunities for students and educators in Lawrence County to provide awareness in forest ecology, fire ecology, forest management and production in the Black Hills ecosystem and surrounding areas. Amount: $10,000. Category 5: FIRE PREVENTION AND COUNTY PLANNING: Brownsville Fire Department has submitted a proposal to purchase wildland personal protective equipment and firefighting gear. Amount Requested: $11,487. Lead Fire Department has submitted a proposal to purchase the following wildland firefighting equipment: a 2008 Type 6 Wildland Fire Truck Cab and Chassis and equipment; Wildland personal protective equipment and firefighting gear; and a cost share toward refurbishing and equipping a federally owned truck into a water tender. Amount Requested: $72,201, $11,795.36, and $16,000. Sturgis Fire Department has submitted a proposal to purchase wildland personal protective equipment, wildland firefighting gear, and wildland hoses. Amount Requested: $2,332.77. Whitewood Fire Department has submitted a proposal to purchase wildland personal protective equipment and firefighting gear. Amount Requested: $3,213.85.

The Board decided not to allocate funds for Emergency Management at this time to allow further discussion on possible forest thinning projects of $50,000.

108 TH STREET BRIDGE: The following bids were received for the Structure 41-079-006 Bridge Abutments and Precast Concrete Deck Plank on 108 th Street Bridge: RCS Construction- $98,521.00; Corr Construction-$86,548.00; Ainsworth Benning-$81,430.98; J.V. Bailey Co.- $85,920. Moved-Seconded (Seward-Thompson) To accept and award the bid, to the lowest bidder, Ainsworth Benning for $81,430.98. Motion Carried.

HIGHWAY SUPPLIES BIDS: MAGNESIUM CHLORIDE: Moved-Seconded (Weisenberg-Thompson) to accept the only bid from Z&S Dust Control at $108.00 per ton and $10.00 per ton application, and allow the Chairman to sign the Contract with Z&S Dust Control. Motion Carried.

The following bids were received. HOT MIX ASPHALT: Hills Material-$56.00 per ton E1 and $57.00 per ton E2 at the Centennial Plant Site; Sacrison Paving-$55.00 at Exit 8.

COLD MIX ASPHALT: Hills Material-$70.00 per ton.

GRAVEL SURFACING AGGREGATE: Hills Material for $7.65 per ton Gravel Surfacing, $8.80 Gravel Base, $11.20 ¾ clean rock, $11.20 ½ clean rock, $11.20 1” clean rock and $.30 loading cost at the Centennial Pit; $7.25 per ton Gravel Surfacing, $7.25 Gravel Base, $8.50 1” clean rock and $.30 loading cost at the Kost Pit; $7.25 per ton Gravel Surfacing, $7.25 Gravel Base, and $.30 loading cost at the Hanson Pit. Fisher Industries for -$6.50 per ton Gravel Base and $7.50 ¾ clean rock at the McGuigan Pit.

DE-ICING SAND: Hills Material $22.00 per ton. Fisher Industries $10.25 per ton.

Moved-Seconded (Seward-Weisenberg) to table the highway supply bids received. Motion Carried.

FOREST SERVICE AGREEMENT #07-RO-11020300-017: Moved Seconded (Seward- Thompson) to approve and authorize the Chairperson to sign the Modification #4 between Lawrence County and the USDA Forest Service/BH National Forest Agreement#07-RO- 11020300-017 for FSR 208 Merritt Estes Road Cooperative Repair to Culverts and Roads. Motion Carried.

PLANNING & ZONING ORDINANCE 08-01 & 08-02: Public hearings and 1 st readings were set for the proposed Planning & Zoning Ordinance #08-01 International Building Code and #08-02 Fees for May 13, 2008.

CELL PHONE POLICY & REGULATIONS: The Board reviewed the proposed Cellular Phones Policy. Moved-Seconded (Douglas-Weisenberg) to remove the section on the alternative to receiving a taxable allowance. Motion Carried.

Moved-Seconded (Douglas-Ewing) to approve and authorize the Chairperson to sign Lawrence County Resolution #2008-11 Amendment #3 Lawrence County Personnel Policies Handbook. Motion Carried. LAWRENCE COUNTY RESOLUTION #2008-11 AMENDMENT #3 LAWRENCE COUNTY PERSONNEL POLICIES HANDBOOK: WHEREAS, the Lawrence County Commissioners have adopted the Lawrence County Personnel Handbook, Resolution #2005-19, to establish a fair system of personnel administration; and WHEREAS, updates need to be made periodically to reflect changes in federal, state or county regulations; THEREFORE BE IT RESOLVED that effective May 1, 2008 and upon favorable passage of this resolution and until otherwise revised, the following revision is hereby adopted for ARTICLE II. GENERAL POLICIES of the Lawrence County Personnel Handbook. 2.15 TELEPHONE USAGE: County telephones are for business use. You are expected to avoid excessive use of telephones for personal reasons. Long distance calls, at County expense, for personal reasons are prohibited. New Section: CELLULAR PHONES: There are many work-related situations that require an employee’s offsite use of electronic resources, e.g. cell phones, such as issues that require immediate attention and prolonged discussions. Some Lawrence County employees are required to be accessible during non-business hours by cell phone. This policy provides guidance as to the appropriate circumstances for issuance of a taxable cash allowance to an employee for the purchase of a cell phone, related services and equipment for Lawrence County business purposes. The Lawrence County Commissioners have determined that it is advisable to phase out the practice of purchasing cell phones, cell phone equipment and related services for use by employees. Instead, employees would be provided with a taxable cash allowance that they would use to purchase such equipment and/or service from a provider of their choice for Lawrence County business purposes. Any such allowance would only be available to employees of Lawrence County and subject to the recommendation of the department head and approval by the County Commission. This policy is intended to conform to Internal Revenue Service regulations governing employer –provided cellular devices, etc. and related services for use by employees outside the workplace. Since the allowance will be treated as wages, employees will not have to account for the use of the allowance other than by demonstrating that they have purchased a cell phone plan commensurate with the need established by the department head. The amount of the allowance would depend on the cost of the plan purchased by the employee, taking into account the number of minutes needed for business calls and monthly service fees. Since the entire allowance is taxable, incidental personal use of the phone would be permissible; however, the amount of the allowance would be calculated based on the number of minutes needed by the employee for Lawrence County business use only. An employee would no longer be provided with a County-purchased cell phone. The extensive accounting of calls would be too burdensome for both employees and their departments to comply with over the long term. Moreover, in the event of an IRS audit, the County would still be exposed to potential tax assessments if the documentation procedures are not enforced. Therefore, the practice of furnishing employees with cell phones purchased by the County would be phased out with the implementation of the new cell phone allowances. The department head, or his or her designee, has the authority to determine the type of service the employee requires to carry out his or her official County business. Because the taxable cash allowance is a part of the employee’s wage or salary, all such cash allowances are subject to approval by the County Commission. The Lawrence County Commission reserves the right to deviate, in whole or in part, from the Policy as determined necessary on an individual basis. Reimbursement for Business Use of Personal Cell Phone: As provided under the current policy, those employees not receiving a taxable cash allowance who use their personal cell phones for business-related calls would be reimbursed for those calls, if they exceed their plan minutes. To be reimbursed, an employee must provide a copy of his or her cell phone bill, highlighting the business calls, and explain the reason for each call. Implementation and Timing: Implementation of the new cash allowance policy would create a number of transition issues for employees with existing cell phone contracts. Where possible, contracts should be renegotiated to permit an employee to transfer ownership of the account to his or her own name, without penalty. If it is determined that an employee no longer needs a cell phone (e.g. the employee’s duties have changed or the employee has left the service of the County), the County Commission, upon the recommendation of the department head, may elect to bear the cost of any fees associated with terminating the contract. Dated this 8th day of April, 2008. FOR THE BOARD: Terry W. Weisenberg, CHAIR. ATTEST: Connie Atkinson, AUDITOR

INVASIVE SPECIES MANAGEMENT: Jerry Boyer and Dave Heck presented a report on the Huron and Washington D.C. Invasive Species Conferences. Heck also updated the Board on the registration and fee appropriations bill presented at the State legislature.

BILLS: Moved-Seconded (Douglas-Weisenberg) to approve payment of the following 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-$5,914.87; Aud-$6,836.40; Treas-$8,690.43; Comp-$5,377.51; States Atty- $12,879.41; Pub Def-$6,957.68; Gen Govt Bldg-$6,775.64; Equal-$13,537.63; Deeds-$7,658.37; Vso-$1,086.23; Disp-$10,308.36; Sher-$31,563.98; Jail-$19,452.53; Emerg Mgnt-$3,077.61; E911-$1,519.80; Highway-$38,296.81; Air-$1,121.38; Ext-$1,329.00; Weed-$1,963.18; Pz- $2,603.76; Bills: Barrett,M-$169.60; Boyer,J-$819.84; Dias,G-$66.13; Grenstiner,E-$9.00; Keller,R-$9.00; Mowell,R-$8,028.00; Rombough,D-$112.85; A&B Business Equip-$1,980.97; A&B Welding Supply-$14.50; Abc Business Supply-$634.41; Alltel-$33.99; American Family Life Inc-$3,270.02; Anderson Oil Co-$76.65; BH Chemical Company-$1,978.59; BH Federal Credit Union-$9,869.00; BH Medical Ctr Pharmacy-$2,662.71; BH Pest Control-$95.00; BH Pioneer-$90.57; BH Power & Light-$502.26; Best Business Prod-$19.26; Best Western Ramkota Hotel-$279.00; Best Western Ramkota Inn-$77.00; Black Hills Auto Parts-$282.56; Bob Barker Company-$42.70; Brownsville Fire Dept-$437.14; Butler Machinery Co-$558.75; Butte County Sheriff-$10.86; Butte Electric Coop-$593.71; Campbell Co Sheriffs-$30.00; Central Parts- $2,422.19; Chemical Sanitizing Sys-$112.33; City/County Alcohol &Drug-$250.00; Conoco- $32.33; Cooperative Extension Service-$104.89; Credit Collections Bureau-$80.00; Culligan Soft Water Serv-$90.00; Dakota Midwest Property-$655.00; Dakota Supply Group-$342.44; Datec- $6,142.25; Deadwood Home Center-$42.08; Deadwood Vol Fire Dept-$437.14; Deadwood, City Of-$1,378.40; Dept Of Hlth Lab Services-$33.00; Dept Of The Treasury-$44,133.14; Eagle Crime Scenes-$50.00; Evercom Systems-$1,113.00; Evident Crime Scene Products-$561.00; Federal Express Corp-$15.35; First Western Bank-$1,390.56; Gene's Lock Shop-$12.00; Godfrey's Brake Serv-$424.22; Great Western Tire-$651.74; Havemeier,Leslie-$132.80; Heisler Hardware-$117.41; Hewlett-Packard Company-$1,818.00; Hickok's Iron Horse Inn-$77.18; High Plains Gallery- $30.00; Integrity Ford-$28.47; Jones,Todd Dds-$160.00; Kennedy,Rokahr,Pier & Knoff-$264.00; Kieffer,Tracy-$183.80; Kimball-Midwest Co-$274.26; Knology-$181.24; Kosel,Joseph-$4,166.67; LC Conservation Dist-$5,000.00; LC Journal-$701.25; LC Sheriff-$110.80; LC Treasurer-$100.00; Labcorp Of America Holdings-$16.06; Lead Fire Department-$437.14; Lead, City Of-$60.59; Lead-Deadwood Reg Hospital-$5,225.00; Lead-Deadwood Regional-$1,267.68; Lead-Deadwood Regional Hospital-$240.00; Lead-Deadwood Sanitary-$268.56; Lee,James-$15.00; Macks Auto Body-$1,422.09; Mcarthur,Janet-$45.00; Mccormick,R-$19.62; Menards-$214.81; Minnehaha County Sheriff-$31.88; Montana-Dakota Util-$7,105.72; Morman Law Firm-$146.10; National Business Furniture-$1,895.00; Neighbors,Judith Phd-$300.00; Nemo Volunteer Fire Dept-$437.14; Neve's Uniforms-$192.32; Occupational Health Network-$265.00; Office Of Child Support- $195.69; Pennington County Sts Attny-$200.00; Pitney Bowes-$117.69; Postmaster, Spearfish- $300.00; Quill Corp-$1,149.71; Qwest-$81.36; RC Medical Center-$240.50; RC Regional Hospital-$4,553.84; Radio Shack/Kazco-$167.93; Rapid Reporting-$55.00; Reindl,Staci- $2,613.42; Rochford Vol Fire Dept-$437.14; SD Association Of County-$65.00; SD State Treasurer-$1,478.30; Salzsieder,Milan-$3,735.00; Sand Creek Printing-$68.01; Schuchmann,Bernie-$16.25; Sdaco-$600.00; Sdrs Supplemental Retirement-$991.50; Servall Towel & Linen-$299.18; Share Corporation-$109.23; Slowey,Yavonne-$100.00; Spearfish Auto Supply-$523.94; Spearfish Canyon Fire Dept-$437.13; Spearfish Fire Dept-$437.13; Spearfish Police Dept-$3,782.17; St Onge Fire Dept-$437.13; Stinger Hitch Products-$45.00; Stroschein,Dale-$35.00; Sturgis Fire Department-$437.13; Subway-$45.70; Tellinghuisen & Gordon-$7,059.56; Tigerdirect-$2,923.44; Twin City Hardware & Lumber-$197.66; Valades,Chuck-$35.00; Waste Connections-$276.75; West River International-$1,010.54; Western Communication-$60.50; White's Queen City Motors-$32.73; Whitewood Vol Fire Dept-$437.13; Wyoming State Archives-$3.50; Witness & Jurors: Bretz,D-$52.96; Noland,M-$64.80; Peacemaker,E-$62.58; Proctor,D-$53.70; Richards,M-$55.92; Schuttler,R-$61.10; Showman,S- $62.58; Trapp,J-$57.40; Trouton,J-$50.74; Aman,B-$23.32; Anderson,B-$27.76; Anderson,J- $11.48; Baxter,A-$21.10; Born,K-$28.50; Brosnahan,F-$21.10; Burich,J-$110.36; Carper,W- $20.36; Coons,D-$101.48; Deichert,S-$24.80; Delahoyde,J-$122.20; Dietrich,J-$123.68; Ericsson,L-$21.10; Gehner,L-$113.32; Gustafson,H-$10.74; Haanstad,E-$21.10; Hansen,B- $102.96; Harris,A-$18.88; Hayford,A-$122.20; Hoff,A-$22.58; Hunt,D-$24.80; Johnson,L-$21.10; Johnson,V-$18.88; Kiley,J-$23.32; Kredit,T-$125.16; Laughlin,K-$12.22; Lerew,D-$21.84; Lewis,R-$24.06; Luckie,D-$10.74; Maher,M-$22.58; Martin,L-$10.74; Mattison,C-$21.10; Mjelstad,M-$19.62; Myers,T-$28.50; Paris,J-$21.10; Patterson,L-$21.10; Peck,M-$15.18; Pierce,J- $12.22; Rafferty,L-$21.10; Reed,R-$13.70; Russell,M-$129.60; Sargent,J-$25.54; Sell,C-$28.50; Stahlecker,K-$19.62; Stalder,C-$122.20; Stone,J-$137.00; Sundsted,M-$117.76; Voorhis,T- $21.84; Wiese,T-$13.70; Wilcox,B-$12.96; Adams,T-$122.20; Ahmed,S-$126.64; Cleek,K- $32.20; Deis,D-$28.50; Delahoyde,R-$122.20; Deranleau,D-$21.84; Dinan,J-$122.20; Elias,S- $22.58; Fardig,M-$24.80; Findley,P-$61.10; France,L-$12.22; Frederickson,J-$24.80; Fuerst,A- $126.64; Geist,K-$21.10; Goehner,V-$17.40; Hagman,S-$21.84; Harrison,T-$12.22; Higgins,G- $105.92; Jiran,A-$19.62; Kessel,B-$21.84; Langdell,A-$21.10; Lange,D-$12.22; Lax,C-$129.60; Lee,J-$22.58; Leroy,W-$21.10; Madsen,L-$15.92; Massine,K-$21.84; Miller,J-$21.10; Odenbach,S-$10.74; Otto,T-$24.06; Pierce,C-$12.96; Price,J-$20.36; Reausaw,B-$11.48; Redinger,V-$119.24; Richards,E-$17.40; Sankey,S-$10.74; Savage,D-$21.10; Secrest,T-$23.32; Smith,L-$10.74; Taebell,C-$22.58; Sutton,K-$122.20; Tiffany,M-$122.20; Toavs,T-$15.18; Tschetter,K-$129.60; Turner,D-$12.22; Voelker,F-$122.20; Young,K-$24.06; Zurcher,G-$21.10; Baker,N-$18.88; Black,L-$19.62; Boy,S-$21.10; Brosnahan,D-$21.10; Brott,J-$24.80; Bucy,K- $23.32; Christensen,L-$24.80; Cordes,E-$10.74; Crooks,W-$24.80; Dennis,C-$12.22; Franzen,J- $12.22; Goss,D-$12.22; Hemenway,D-$17.40; Hines,C-$24.80; Hogan,G-$28.50; Hudson,J- $21.10; Jensen,K-$23.32; Ladson,J-$20.36; Lamb,R-$21.84; Locati,M-$21.10; Mcbride,A-$26.28; Mikkelson,K-$11.48; Mize,P-$21.10; Morgan,M-$21.10; Morgan,M-$24.80; Morris,D-$12.96; Mowell,S-$21.10; Nash,H-$12.96; Nelson,D-$10.74; Nelson,S-$19.62; Nelson,W-$12.22; Pavon,J- $13.70; Peep,N-$24.80; Peters,M-$21.84; Reed,C-$21.10; Reeves,M-$21.10; Reifschneider,J- $21.10; Robinson,C-$11.48; Smith,R-$10.36; Sprigler,J-$21.10; Tracy,M-$24.80; Tucker,B- $24.06; Uskoski,M-$21.10; Vaughn,S-$22.58; Vomacka,E-$17.40; Benson,B-$42.20; Berglund,C- $20.00; Bertalot,S-$31.10; Calhoon,P-$29.99; Fish,K-$36.28; Fisher,T-$20.00; Frost,C-$22.22; Hart,L-$30.36; Hobbs,D-$20.00; Johnson,P-$20.00; Malcolm,S-$53.30; Marvin,T-$20.00; Miller,L-$20.00; Myers,R-$22.96; Page,D-$31.10; Robitaille,A-$23.70; Schroeder,J-$21.48; Seaman,W-$22.22; Smail,A-$32.58; Smail,E-$32.58; Smyers,D-$20.00; Soller,K-$20.00; Storm,D-$22.59; Swanson,S-$30.36; Willuweit,C-$20.00

ADJOURN: 9:46 a.m. there being no further business it was Moved-Seconded (Douglas- Weisenberg) to adjourn. Motion Carried. ______Date Approved

______Terry W. Weisenberg, Chairperson ATTEST:

______Connie Atkinson, Auditor 2008 COUNTY BOARD OF EQUALIZATION April 8 th through 22 nd , 2008

The Lawrence County Board of Equalization was called to order at 9:45 a.m. on Tuesday, April 8, 2008, with the following members present: Terry W. Weisenberg, James J. Seward, Connie H. Douglas, Bob Ewing, and Tommy Thompson.

All motions were passed by unanimous vote, by all members present, unless stated otherwise.

The 2008 Board of Equalization oath was signed.

AG APPEALS: The Board moved the meeting to the 3 rd Floor Courtroom to discuss the Ag appeals. Darlene Piekkola explained the method of assessing Ag using cash rents. Piekkola recommended the Board defer all action on AG properties until the Board hears all arguments and appeals. Piekkola explained the formula is written in State Law and information is provided by the Department of Revenue. Piekkola explained she has no flexibility in the formula or how to apply the formula. The only adjustments she can make are to the soils. Mr. Auer spoke on the top soil rate for rangeland and discussed the rental rate. Auer stated the rental rate is incorrect and when they contacted the USDA they were told the rate is just a guide and was not obtained by any scientific approach. $8.60 is the average in surrounding counties. Piekkola stated the law does not allow her to bridge to other counties for cash rents, she has to use the numbers provided by the Department of Revenue. Hank Frawley, Charles Nicholas, Leo Orme, and Art Crowley also discussed the rental rates and the method used to collect the information. Weisenberg called the appointment to an end to resume scheduled Board of Equalization appointments in the County Commissioners room.

TAX EXEMPT: The following Exempt parcels were approved as followed 100% unless otherwise noted.

(1)Moved-Seconded (Weisenberg-Seward) to approve 32090-05200-120-20 Northern Hills Pregnancy Care Center as tax exempt. Motion Carried. Absent (Thompson).

(2)Moved-Seconded (Thompson-Weisenberg) to approve 32750-01200-090-00 Northern Hills Church of Christ as tax exempt. Motion Carried.

(3)Moved-Seconded (Seward-Douglas) to approve 26420-01158-000-42 Saddle Mountain Ministries as tax exempt. Motion Carried.

(4)Moved-Seconded (Thompson-Douglas) to deny 26580-01376-000-84 Burno Christian Family Retreat as tax exempt. Motion Carried.

(5)Moved-Seconded (Ewing-Seward) to approve 26698-01730-010-00 Kinship Mountain Ministries Kamp as tax exempt. Motion Carried.

(6) Moved-Seconded (Douglas-Ewing) to approve 28500-00703-260-20 Duane & Ellen Reddick, Living Trust as tax exempt. Motion Carried.

(7) Moved-Seconded (Thompson-Seward) to approve 28500-00703-260-10 Lawrence & Louise Fierro as tax exempt. Motion Carried.

(8)Moved-Seconded (Seward-Weisenberg) to approve the Renewable Resource Benevolent, Charitable, Discretionary, Paraplegic Veteran, Disabled Veteran, Education, Historical Mort., and Medical & Religious, as listed in the following chart. Motion Carried.

(7)Moved-Seconded (Douglas- Weisenberg) to approve those qualifying for Elderly Tax Freeze , as listed in the following chart. Motion Carried.

PARCEL EX CUR TAX NA EX CURRENT OWNER LEGAL AC NEW REQUESTS FOR EXEMPT STATUS 32750-01200-090-00 RG $79,960 NORTHERN HILLS LOT 9 BLK 12, WEST ADD.-SPF CHURCH OF CHRIST 26420-01158-000-42 RG $307,970 SADDLE MOUNTAIN M.S. 1158 TRACT 2 OF ON TIME 4.75 MINISTRIES AND LITTLE BIRD FRACTION 26580-01376-000-84 RG $19,530 BURNO CHRISTIAN M.S. 1376 TRANSIT #10 ETAL EX 13.02 FAMILY RETREAT W1/2 OF TRANSIT #18 26698-01730-010-00 RG $1,031,140 KINSHIP MOUNTAIN M.S. 1730 TRACT 1 69.95 MINISTRIES KAMP 28500-00703-260-20 RG REDDICK, DUANE & SUNSET CEMETARY 1.00 ELLEN I LIVING EXTENSION TRUST 28500-00703-260-10 RG FIERRO, LAWRENCE & GATEWAY CEMETARY 1.00 LOUISE EXTENSTION

Renewable 14 Resource BENEVOLENT

24600-00702-330-00 BE $0 $0 QUEEN CITY VFW SW1/4 SW1/4 LOT 1 (1.0 0.90 POST #5860 ACRES MINUS R/W) 28800-00300-020-00 BE $0 $0 ST ONGE TOWNSHIP LOTS 1 & 2 BLK 3 0.29 (COMMUNITY HALL BLDG) 29700-00200-150-00 BE $0 $0 WEST RIVER PT LOTS 13-14 & 15 BLK 2 0.00 FOUNDATION 30025-02000-120-10 BE $0 $0 MASONIC TEMPLE LOTS 10-11 & 12B OF LOT 12 0.00 ASSOCIATION BLK 20 30025-02100-120-00 BE $661,640 $588,620 DEADWOOD LODGE LOT 11 & ALL EX 5' OF LOT 12 0.00 #508 BPOE BLK 21 53% TAXABLE (ELKS) 30025-03300-350-00 BE $98,140 $318,430 V F W POST #5969 VFW LOT(REPLAT OF 0.24 PORTIONS OF LOTS 28-32, BLK 33) 31090-02800-010-10 BE $0 $0 SD GRAND LODGE OF 300' VACATED ALLEY & W PT 0.00 INDEPENDENT OR LOT 1 BLK 28 403 W MAIN 31090-03000-000-00 BE $0 $0 BLACK HILLS AERIE LOTS 1A & 1B BLK 30 0.00 NO 105 F O E #5 31390-00200-050-03 BE $0 $0 GOLDEN STAR LODGE W PT LOT 2 AND ALL LOT 3 0.00 BLK 5 31440-00300-005-00 BE $0 $0 BLACK HILLS ROD & LOT 5 TRACT 3 (ROD & GUN 0.14 GUN CLUB CLUB) & INCLUD. A POR. OF LOT AB1 (97-2859) 31450-00800-010-15 BE $0 $0 DEVELOPMENT FOR LOT 1B BLK 8 0.00 DISABLED INC 32090-04300-120-00 BE $0 $0 SPEARFISH MASONIC LOT 11 & 12 BLK 43 0.32 BLDG ASSOC 32180-14200-040-15 BE $0 $0 BEHAVIOR LOT 4B OF SW1/4 NW1/4 0.66 MANAGEMENT SYSTEMS INC 32210-13030-020-02 BE $0 $0 WEST RIVER TIF #2 LOT 2B REVISED OF TR 3 0.55 FOUNDATION SE1\4 SE1\4 13-6-2 (KSLT RADIO STATION) CHARITABLE 33 06000-00301-150-10 CH $0 $0 BLACK HILLS STATE CAMP IN SE1/4 15-3-1 0.00 UNIVERSITY 26180-01300-050-00 CH $0 $0 GALENA HISTORICAL LOTS 1 THRU 5 BLK 13 MS 913 0.69 SOCIETY 26580-01372-000-10 CH $0 $0 SAWYER MEMORIAL M.S. 1372 PT HES 57 EX TR A 305.08 (.68AC) & PT ACMEETAL LESS TR 1 OF ACME M.S. 1372 (1.00AC) & LESS LOT 1 OF NORWOOD #4 (9.58AC) & LESS LOTS 1 & 2 SAWYER MEM. PARK (30.89) 26580-01372-000-15 CH $0 $0 NELLIE P SAWYER M.S. 1372 LOT 1 OF NORWOOD # 10.83 TRUST 8 (5.01AC) & LOT 1 OF TR 0067'B' (5.82AC) 26580-01372-000-20 CH $0 $0 SAWYER MEMORIAL M.S. 1372 PT HES 66 EX TR A 64.07 (.67AC) & PT ACME ETAL EX LOT A TO STATE(.06AC) M.S. 1372 (66.03AC) LESS TR 2 OF ACME M.S. 1372 (6.20AC) & LESS 1.23AC DOC #97-4814 29100-02700-030-00 CH $0 $0 WHITEWOOD SENIOR LOTS 1-2-3-4 & 5 BLK 27 0.40 CITIZENS 31090-02600-050-20 CH $0 $0 BLACK HILLS MINING 130.16'N OF JULIUS & PT OF 4 0.48 MUSEUM INC AND E PT LOT 5 BLK 26 31090-03000-080-00 CH $0 $0 TWIN CITIES & AREA E 30' OF LOT 8 BLK 30 0.07 SR CITIZEN INC 31510-04000-135-01 CH $0 $0 NORTHERN HILLS TRACT E BLK Y 1.29 YOUNG MEN'S 31570-00100-020-00 CH $0 $0 NORTHERN HILLS LOTS 1 & 2 BLK 1 0.00 FAMILY YMCA 31810-01000-110-00 CH $0 $0 VICTIMS OF LOT 504 0.17 VIOLENCE INTERVENTION 32030-01100-010-00 CH $0 $0 BLACK HILLS STATE LOT 1 BLK 11 0.00 UNIVERSITY FOU 32030-01100-040-00 CH $0 $0 B H S C FOUNDATION LOTS 2-3 & 4 BLK 11 0.00 32090-05200-120-20 CH $0 $0 NORTHERN HILLS LOT B SUB OF 11 & LOT 12 BLK 0.00 PREGNANCY CARE CE 52 A/K/A E 78' OF 11 & 12 BLK 52 32120-00400-000-30 CH $0 $0 NORTHERN HILLS LOT C OF LOT 4 0.61 TRAINING CENTER 32180-14200-020-00 CH $0 $0 SPEARFISH LOT 2 OF SW1/4 NW1/4 1.60 EMERGENCY AMBULANCE SE 32210-19100-040-00 CH $0 $0 NORTHERN HILLS LOT 4 BLK 10 0.48 TRAINING CENTER 32290-00000-000-00 CH $0 $0 HIGH PLAINS TIF #2 TR A SE1/4 NE1/4 40.00 HERITAGE SOCIETY INC 32320-00090-000-00 CH $0 $0 B H STATE LOTS 2,3,4,5,6,7 & 8 OF NE1/4 0.00 UNIVERSITY NE1/4 EX LOT 1 32540-00100-000-15 CH $0 $0 SPEARFISH SR CIT TRACT 2-A (SENIOR CENTER) 3.41 SERV CEN 32570-01500-050-10 CH $0 $0 WOMEN IN CRISIS S 25' OF 3 & ALL 4 & N 6' OF LOT 0.26 COALITION INC 5 BLK 15 (CD FROM: ERICKSON TO SIGLE) 32570-04400-050-00 CH $0 $0 NORTHERN HILLS S 25' OF LOT 4 & N 45' OF LOT 5 0.22 TRAINING CENTER BLK 44 32570-04400-060-00 CH $0 $0 NORTHERN HILLS S 5' OF LOT 5 & ALL LOT 6 BLK 0.18 TRAINING CENTER 44 32655-01700-010-10 CH $0 $0 LUTHERAN SOCIAL TIF #2 LOT 1A BLK 17 3.65 SERVICES OF SD 32660-00100-010-20 CH $0 $0 FRIENDS OF LOT B EX THE W 11' BLK 1 0.17 NORTHERN HILLS 32660-01400-100-00 CH $0 $0 NORTHERN HILLS LOT 9A BLK 14 0.00 TRAINING CENTER 32660-01600-160-00 CH $0 $0 NORTHERN HILLS TRACT A BLK 16 2.89 TRAINING CENTER 32690-00300-010-50 CH $0 $0 WEST RIVER TRANSIT LOT 11 OF LOT 5 OF TR 3 0.38 AUTHORITY INC 32720-04000-030-10 CH $0 $0 BLACK HILLS STATE LOT 3 BLK 40 0.00 UNIVERSITY FOU 32750-00100-120-00 CH $0 $0 BLACK HILLS STATE LOTS 11 & 12 BLK 1 0.00 UNIVERSITY 32750-00900-080-00 CH $0 $0 BLACK HILLS STATE LOT 8 BLK 9 0.00 UNIVERSITY 32750-00900-090-00 CH $0 $0 BLACK HILLS STATE LOT 9 BLK 9 0.00 32840-00602-094-10 CH $0 $0 BLACK HILLS STATE W1/2 NW1/4 SE1/4 TR 1 OF LOT 0.60 UNIVERSITY FOU 1A

DISCRETIONARY 165

PARAPLEGIC 6 $1,103,880 VETERAN

DISABLED 40 $3,356,870 VETERAN

EDUCATION 25 26050-00100-000-00 ED $0 $0 LEAD-DEADWOOD POR TRACT 1 OUTSIDE 75.31 SCHOOL DISTRICT 40 29100-01900-070-00 ED $0 $0 MEADE SCHOOL LOTS 1 THRU 7 BLK 19 & PT 0.00 DISTRICT 46-1 VACATED WALNUT ST. 29100-02700-120-00 ED $0 $0 CITY OF WHITEWOOD LOTS 6 THRU 12 BLK 27 0.00 29500-00000-020-30 ED $0 $0 MEADE SCHOOL TR C OF OUTLOT B & PT 0.00 DISTRICT 46-1 VACATED WALNUT ST. 30025-02300-000-00 ED $0 $0 DEADWOOD IND TRACT IN M.C. 71 BLK 23 0.00 SCHOOL DIST 102 30025-02300-260-00 ED $0 $0 BOARD OF LOTS 13 & 15 THRU 26 BLK 23 0.00 EDUCATION 30025-02400-060-00 ED $0 $0 DEADWOOD IND LOTS 1 THRU 6 BLK 24 0.00 SCHOOL DISTRICT 30075-00008-000-00 ED $0 $0 INDEP SCHOOL DIST SCHOOL LOT 8 3.83 #2 30075-00021-000-00 ED $0 $0 DEADWOOD IND SCHOOL LOT 21 5.00 SCHOOL DISTRICT 31590-00100-000-00 ED $0 $0 LEAD-DEADWOOD POR TRACT 1 INSIDE 110.23 SCHOOL DISTRICT 40 31590-00200-000-00 ED $0 $0 LEAD-DEADWOOD TRACT 2 1.00 SCHOOL DISTRICT 40 31590-00300-000-00 ED $0 $0 LEAD-DEADWOOD TRACT 3 1.27 SCHOOL DISTRICT 40 31590-00400-000-00 ED $0 $0 LEAD-DEADWOOD TRACT 4 0.17 SCHOOL DISTRICT 40 31730-00100-050-10 ED $0 $0 LEAD-DEADWOOD LOT 5 EX. PT IN TRACT AB AND 0.00 SCHOOL DISTRICT H1(.015) 31760-00000-000-00 ED $0 $0 LEAD-DEADWOOD TRACT S 12.63 SCHOOL DISTRICT 40 32030-03200-060-00 ED $0 $0 SPEARFISH SCHOOL LOTS 1 THRU 6 BLK 32 0.00 DIST 40-2 32030-03300-120-00 ED $0 $0 SPEARFISH SCHOOL LOTS 1 THRU 12 BLK 33 0.00 DIST 40-2 32030-03400-120-00 ED $0 $0 SPEARFISH SCHOOL LOTS 7 THRU 12 BLK 34 0.00 DIST 40-2 32090-10600-000-00 ED $0 $0 SPEARFISH SCHOOL ALL OF BLKS 105 & 106 0.00 DIST 40-2 32420-00400-000-50 ED $0 $0 SPEARFISH SCHOOL N1/2 NW1/4 LOT B (42.51AC) EX 0.00 DIST 40-2 LOTS H1 & H2 (.24 AC) 32730-00600-000-10 ED $0 $0 SPEARFISH SCHOOL SE1/4 SW1/4 EX. LOT J-1(3.07) 36.93 DISTRICT 40-2 19-6-3 32750-01300-060-00 ED $0 $0 BOARD OF REGENTS LOT 6 BLK 13 0.00 32750-01600-120-00 ED $0 $0 SPEARFISH SCHOOL LOTS 1 THRU 12 BLK 16 0.00 DIST 40-2 32750-01700-120-00 ED $0 $0 SPEARFISH SCHOOL LOTS 1 THRU 12 BLK 17 0.00 DIST 40-2 32750-01800-120-00 ED $0 $0 SPEARFISH SCHOOL LOTS 7 THRU 12 BLK 18 0.00 DIST 40-2 ELDERLY TAX 126 FREEZE

GOVERNMENT 770

HISTORICAL 44 MORT. $9,517,050 MEDICAL 15 30025-07000-280-00 MD $0 $0 WEST DAKOTA M & B DESC ON LOTS 24-26 & 28 0.17 HEALTH CARE INC BLK 70 30025-07100-000-00 MD $0 $0 WEST DAKOTA TRACT B OF BLK 71 0.32 HEALTH CARE INC 30025-07100-250-00 MD $0 $0 WEST DAKOTA TR A OF S/D OF PROBATE LOT 7 0.04 HEALTH CARE INC A/K/A PART LOTS 21-23 & 25 BLK 71 30025-07100-410-00 MD $0 $0 WEST DAKOTA LOTS 25 THRU 41 BLK 71 0.52 HEALTH CARE INC 30025-07100-490-00 MD $358,940 $1,076,810 WEST DAKOTA LOTS 43, 45, 47, 49 & VACATED 0.00 HEALTH CARE INC CEDAR ST. BLK 71 (CD FROM HOMESTAKE TO NH MEDICAL ASS. FOR BLDG ONLY) 30025-07400-050-00 MD $22,500 $67,500 WEST DAKOTA LOTS 1-3-5 BLK 74 0.00 HEALTH CARE INC 31930-01663-000-20 MD $0 $0 REGIONAL HEALTH M.S. 1663 LOT C A POR. OF BH 4.72 NETWORK INC EAGLE #1 M.S.1579, MICHIGAN M.S.1663 AND MONTANA M.S.1508 32390-00800-010-00 MD $0 $0 PONDEROSA LOT 1A BLK 8 1.26 APARTMENTS INC 32390-00800-010-10 MD $0 $0 PONDEROSA LOT 1B BLK 8 (HICKORY 3.72 APARTMENTS INC HOUSE) 32420-00400-000-30 MD $984,540 $1,081,880 WEST DAKOTA MEDICAL TRACT 1 4.65 HEALTH CARE INC 32420-00400-000-40 MD $0 $0 WEST DAKOTA LOT A SUB OF LOT 3 OF 2.14 HEALTH CARE INC N1/2NW1/4 & NW1/4NE1/4 10-6-2 AN AZ NON-PROFIT CORP. (CD FROM LUTHERAN HOSP. & HOMEST) 32455-00100-020-02 MD $0 $0 RAPID CITY UNIT 2 OF YANKEE ST CONDO 0.00 REGIONAL HOSPITAL INC 32720-02900-120-20 MD $0 $0 WEST DAKOTA TRACT G 2.93 HEALTH CARE INC 32720-02900-120-60 MD $0 $0 PIONEER MEMORIAL TRACTS H & I 2.42 MANORS INC 32720-03400-000-00 MD $0 $0 NORTH CENTRAL PT LOT X OF BLK 33 & 44 & E- 0.73 HEALTH SERVICES 2A E-2B(WAS TRACT E-2) BTWN INC. BLKS 43 & 34 RELIGIOUS 88 06000-00301-230-20 RG $86,340 $120,720 CHAPTER OF HES 243 80.00 CALVARY CATHEDRAL 10000-00305-270-35 RG $0 $0 NEMO COMMUNITY TRACT 0055 IN GOVT. LOT 7 IN 1.00 CHURCH SE1/4 NW1/4 (1.00 AC.) 14000-00404-150-10 RG $0 $0 CARR, RALPH M & ARROW HEAD CEMETERY 0.02 MEL DRUCILLA LOT(.02) IN HES 252 18120-00504-001-04 RG $0 $0 DEADWOOD SD LOT 4 BLK 1 EX H1 (1.8 2.71 CONGREGATION OF AC)(CHURCH) JEHOVAH'S WITNESSES 18185-00504-000-10 RG $0 $0 TWO BIT RANCH ORDAHL-YOUNG CEMETERY 0.05 ESTATES LLC LOT OF TRACT P NW1/4 20200-00602-040-07 RG $0 $0 SPEARFISH UNITED LOT 7 BLK 1 0.29 METHODIST CHURCH 21200-00603-085-45 RG $0 $0 FIRST BAPTIST LOT 3A A SUB. OF TR 3 SE1/4 1.94 CHURCH OF SE1/4 EXCEPT N 60' EASEMENT NORTHERN (.68 AC.) & EAST 33' ROW 22000-00604-164-45 RG $0 $0 BLACK HILLS BAPTIST TRACT 2 PT SW1/4 SE1/4 6.36 CHURCH SBC 24000-00702-102-15 RG $0 $0 NORTHERN HILLS HAUCK TRACTS 1 & 2 EX H1(.02 4.86 CHURCH OF CHRIST AC) 24000-00702-321-20 RG $0 $0 OLD APOSTOLIC TRACT 2 PT OF NE1/4 26.61 LUTHERAN CHURCH 24800-00702-330-36 RG $0 $0 CALVARY TEMPLE S1/2 SE1/4 - LOTS A & B SUB OF 7.45 ASSEMBLY OF GOD LOTS 10A & 11A (7.45 AC) 26420-01158-000-42 RG $307,970 $0 SADDLE MOUNTAIN M.S. 1158 TRACT 2 OF ON TIME 4.75 MINISTRIES AND LITTLE BIRD FRACTION 26580-01376-000-83 RG $0 $0 BURNO CHRISTIAN M.S. 1376 TRANSIT #10 ETAL EX 46.14 FAMILY RETREAT W1/2 OF TRANSIT #18 26590-01376-000-39 RG $0 $0 BURNO CHRISTIAN M.S. 1376 LOT B-13 THRU 16 8.06 FAMILY RETREAT BURNO ESTATES 26590-01376-000-51 RG $0 $0 BURNO CHRISTIAN M.S. 1376 LOT B-17 BURNO 1.52 FAMILY RETREAT ESTATES 26680-01697-000-00 RG $16,500 $0 PRESBYTERY OF SD M.S. 1697 ETNA #1 ETAL 193.82 OF THE UNITED 26760-01879-000-55 RG $0 $0 FILLMORE & CO INC M.S. 1879 TRACT C PT GOLDEN 2.97 STAR (CEMETERY)

28800-01000-070-00 RG $0 $0 ST ONGE UNITED LOTS 6 & 7 BLK 10 0.32 CHURCH OF CHRIST 28800-01100-040-00 RG $0 $0 ST ONGE UNITED LOTS 1 THRU 4 BLK 11 0.64 CHURCH OF CHRIST 29100-02800-060-00 RG $0 $0 PRESBYTERIAN LOT 6 BLK 28 0.16 CHURCH 29200-00100-030-00 RG $0 $0 IMMANUEL LOT 1-2 & W 50' OF LOT 3 BLK 1 0.46 LUTHERAN CHURCH 29200-00700-020-00 RG $0 $0 IMMANUEL LOT 2 BLK 7 0.18 LUTHERAN CHURCH 30025-02300-400-00 RG $0 $0 ST AMBROSE CHURCH LOTS 32 THRU 39 & PT LOT 40 & 0.46 ALL OF 40A & 41 BLK 23 30025-03700-340-00 RG $0 $0 FIRST BAPTIST N 50' OF LOT 28 & ALL LOTS 30- 0.20 CHURCH 32 & 34 BLK 37 30025-08200-220-00 RG $0 $0 ST JOHN'S EPISCOPAL LOTS 21 & 22 BLK I (CHURCH) 0.11 CHURCH 30050-00224-000-00 RG $0 $0 ST AMBROSE CHURCH PROBATE LOT 224 0.00 30600-00100-040-00 RG $0 $0 ST AMBROSE CHURCH LOTS 3 & 4 BLK 1 0.11 30600-00100-100-00 RG $0 $0 ST AMBROSE CHURCH LOTS 1-2-3-4-6-7-8-9 & 10 BLK 1 0.24 30800-00100-110-00 RG $0 $0 GRACE LUTHERAN LOTS 6 THRU 11 EX RW BLK A 0.63 CHURCH 31090-02400-130-00 RG $0 $0 ASSEMBLY OF GOD PT OF LOT 13 BLK 24 0.09 CHURCH 31090-02400-140-00 RG $0 $0 ASSEMBLY OF GOD N 10' OF 13 & PT OF 14 BLK 24 0.11 CHURCH 31090-02800-010-00 RG $0 $0 TWIN CITIES CHURCH 300' VACATED ALLEY & PT LOT 0.07 OF CHRIST 1 BLK 28 31090-03000-090-40 RG $0 $0 CHRIST CHURCH W OF LOT 9 BLK 30 (N OF 0.07 EPISCOPAL JULIUS) 31090-03600-020-00 RG $0 $0 ST PATRICKS LOTS 2-3-4-5-6-7 & PT LOT 8 0.85 CATHOLIC CHURCH BLK 36 31090-03600-090-10 RG $0 $0 ST PATRICKS E PT LOT 9 & ALL LOTS 10 & 11 0.51 CATHOLIC CHURCH BLK 36 31360-00100-010-00 RG $0 $0 FIRST PRESBYTERIAN LOT 1 BLK 1 0.11 CHURCH 31440-00500-005-00 RG $0 $0 ASSEMBLY OF GOD LOT 5 TRACT 5 0.05 CHURCH 31440-00500-011-00 RG $0 $0 TWIN CITIES CHURCH LOT 11 TRACT 5 0.10 OF CHRIST 31450-00600-020-10 RG $0 $0 BEREAN BAPTIST LOT 908 WASHINGTON ST BLK 0.45 CHURCH 6 31510-00200-010-00 RG $0 $0 CHRIST CHURCH PT OF LOT 1 BLK 2 0.89 EPISCOPAL 31510-00400-010-20 RG $0 $0 SHEPHERD OF THE N OF JULIUS-NW PT LOT 1 BLK 0.08 HILLS LUTHERAN 4 & M & B DESCRIPTION OF M.S. 744 31510-00400-020-00 RG $0 $0 SHEPHERD OF THE N PT LOT 3 BLK 4 0.00 HILLS LUTHERAN 31510-00400-040-00 RG $0 $0 BETHEL LUTHERAN SW PT OF 3 AND S PT LOT 4 0.11 CHURCH BLK 4 31510-00500-000-00 RG $27,990 $187,320 TRINITY UNITED LOT K AND EXCEPT LOT K- 0.00 METHODIST CHURCH 1(.22AC) BLK 5 (CONTAINING .46 ACRES)(LEASE .39 AC TO CHURCH) 31510-00500-000-05 RG $0 $0 TRINITY UNITED LOT M S/D OF BLK 5 DENVER 0.10 METHODIST CHURCH ADD & LOT 1 BLK 4 MAY ADD(.10AC) ASSESS.WITH #31570-00500-020-00 31570-00500-020-00 RG $0 $0 TRINITY UNITED LOT 1 BLK 4, LOT M BLK 5, & N 0.33 METHODIST CHURCH PT LOT 3, ALL OF 1 AND 2 BLK 5 (CHURCH) 31570-00500-030-20 RG $0 $0 FIRST PRESBYTERIAN W PT LOT 3 BLK 5 0.05 CHURCH 31660-00100-040-00 RG $0 $0 TRINITY UNITED LOT 4 BLK 1 0.10 METHODIST CHURCH 31810-01400-100-00 RG $0 $0 BETHEL LUTHERAN LOT 512 0.12 CHURCH 31930-01418-000-00 RG $0 $0 CEMETERY M.S. 1418 CEMETERY EXCEPT 0.00 ASSOCIATION LOT 1 (.11) 4.83 ACRES 31930-01467-000-00 RG $0 $0 CEMETERY M.S. 1467 CEMETERY #2 EX LOT 3.60 ASSOCIATION 1 (.18) 32030-00100-010-00 RG $0 $0 ST JOSEPH'S FRACTIONAL LOT INCLUDED 0.08 CATHOLIC CHURCH IN BLK 49 RAMSDELL 32030-00700-030-00 RG $0 $0 SPEARFISH UNITED LOTS 1-2 & 3 BLK 7 0.48 METHODIST CHURCH 32030-00800-120-00 RG $0 $0 ST JOSEPH'S LOTS 9 THRU 12 BLK 8 0.80 CATHOLIC CHURCH 32030-01000-120-00 RG $0 $0 ST PAUL LUTHERAN LOTS 10, 11 & 12 BLK 10 0.48 CHURCH 32030-01900-080-20 RG $0 $0 CHRISTIAN SCIENCE W 83' OF 7 & W 83' OF LOT 8 0.19 SOCIETY BLK 19 32090-04100-030-00 RG $0 $0 PRAISE FELLOWSHIP LOTS 2 & 3 BLK 41 0.32 INC 32090-08400-060-00 RG $0 $0 SD CONF 7TH DAY LOTS 4-5 & 6 BLK 84 0.48 ADVENTIST CHURCH 32120-00300-000-20 RG $0 $0 SALVATION ARMY LOT 3-B OF LOT 3 0.00 32185-00000-130-30 RG $0 $0 DAKOTA DISTRICT OF TRACT 1 REVISED 14.21 THE WESLEYAN 32210-19110-070-00 RG $0 $0 SALVATION ARMY LOT 7 BLK 11 0.26 32480-03700-000-00 RG $0 $0 HILLSVIEW CHURCH LOT 37 0.00 OF THE NAZARENE 32540-00100-000-10 RG $0 $0 HILLSVIEW CHURCH LOT A-1AR OF LOT 1 1.29 OF NAZARENE 32570-03200-080-00 RG $0 $0 SD CONF 7TH DAY LOT 7 & S 25' OF LOT 8 BLK 32 0.24 ADVENTIST CHURCH 32570-03300-020-20 RG $0 $0 NEW COVENANT LOT 2 BLK 33 0.42 CHRISTIAN FELLOWSHIP 32570-03700-080-00 RG $0 $0 FIRST BAPTIST LOT 8A BLK 37 (PARSONAGE) 0.32 CHURCH OF SPF 32570-03700-090-00 RG $0 $0 FIRST BAPTIST LOTS 7A & 9 BLK 37 (CHURCH) 0.16 CHURCH OF SPF 32570-04200-100-00 RG $0 $0 ALL ANGELS LOT 10 BLK 42 0.00 EPISCOPAL CHURCH 32570-04200-120-00 RG $0 $0 ALL ANGELS LOTS 11 & 12 BLK 42 0.32 EPISCOPAL CHURCH 32570-04900-070-00 RG $0 $0 ST JOSEPH'S LOT 1 BLK 1 ORIG. & LOT 7 BLK 0.24 CATHOLIC CHURCH 49 32570-04900-080-00 RG $0 $0 ST JOSEPHS CATHOLIC LOT 8 BLK 49 0.16 CHURCH 32570-04900-090-00 RG $0 $0 ST JOSEPH'S LOT 9 BLK 49 0.16 CATHOLIC CHURCH 32570-04900-100-00 RG $0 $0 ST JOSEPH'S LOT 10 BLK 49 0.16 CATHOLIC CHURCH 32570-04900-120-10 RG $0 $0 ST JOSEPHS CATHOLIC LOTS 11 & 12 BLK 49 0.00 CHURCH 32570-05000-040-00 RG $0 $0 UNITED CHURCH OF S 3' OF LOT 3 & ALL LOT 4 BLK 0.17 CHRIST 50 (PARKING LOT) 32570-05000-060-00 RG $0 $0 UNITED CHURCH OF LOTS 5 & 6 BLK 50 (PARKING 0.32 CHRIST LOT) 32570-05000-120-00 RG $0 $0 SPEARFISH UNITED LOT 7A BLK 50 (DAY-CARE 0.00 CHURCH OF MOVED OUT 5-05) 32570-05200-000-00 RG $0 $0 ST PAUL LUTHERAN FRACTIONAL BLK 52 0.05 CHURCH 32630-00100-060-00 RG $0 $0 MOUNTAIN VIEW TRACT A OF BLK 1 3.10 BAPTIST CHURCH 32655-01500-010-00 RG $0 $0 SPEARFISH LOT 1 BLK 15 0.00 CONGREGATION OF 32660-00500-080-00 RG $0 $0 HOPE EVANGELICAL LOTS 7 & 8 BLK 5 (CHURCH) 0.18 LUTHERAN 32660-01000-060-10 RG $0 $0 HEMEYER, DELMER D E1/2 OF LOTS 5 & 6 BLK 10 0.00 TRUST 32690-00100-060-00 RG $0 $0 SD CONF 7TH DAY LOT 6 BLK 1 0.16 ADVENTIST CHURCH 32720-02900-020-00 RG $0 $0 OUR SAVIOR'S LOTS 1 & 2 BLK 29 0.00 LUTHERAN CHURCH 32720-02900-110-00 RG $0 $0 OUR SAVIORS LOTS 7 THRU 12 BLK 29 0.96 LUTHERAN CHURCH 32720-03700-040-00 RG $0 $0 SD ASSOC OF NORTH LOT 4 BLK 37 (PARSONAGE) 0.16 AMERICA BAPTIST 32720-03900-000-00 RG $0 $0 ST PAUL LUTHERAN FRACTIONAL BLK 39 0.05 CHURCH 32730-00000-000-10 RG $0 $0 SOLID ROCK CHURCH LOT V OF GOV'T LOT 3 6.34

TIF PROPERTIES 195

32655-00000-000-10 PU $0 $0 BLACK HILLS CORP LOT 1A A S/D OF TRACT B OF 2.35 DBA BH POWER & N1/2 SW1/4 (ASSESSED BY LIGHT STATE)

COUNTY APPEALS: #0001 FRAWLEY, HENRY J & MARY (MOLLY) 21000-00603-224-10 T-006 R-03 S1/2 SE1/4 Moved-Seconded (Douglas-Seward) No change in structure values. Motion Carried: Remarks: No action taken on land value. Applicant stated he wished to withdraw the appeal on the structure.

#0002 FRAWLEY, HENRY J & MARY (MOLLY) 21000-00603-233-20 T-006 R-03TRACTS A & B & PT SW1/4 SW1/4 EX H-1 & H-2 (7.71 A) Remarks: No action taken

#0003 JENSEN, CLIFFORD A & LONNA B 25000-00704-311-00 T-007 R-04 W1/2 NE1/4 Remarks: No action taken

#0004 A & G JENSEN LAND LLC 22000-00604-071-20 T-006 R-04 E1/2 SE1/4-E1/2 NE1/4 EX HW EX H-2 & H-3 6.04A & H-1 & H-2 .07A Remarks: No action taken

#0005 JENSEN, CLIFFORD A & LONNA B 25000-00704-313-00 T-007 R-04 LOTS 3-4 & E1/2 SW1/4 EX RW Remarks: No action taken

#0006 A & G JENSEN LAND LLC 25000-00704-292-00 T-007 R-04 NW1/4 SW1/4-W1/2 NW1/4 Remarks: No action taken

#0007 JENSEN, CLIFFORD A & LONNA B 25000-00704-314-00 T-007 R-04 SE1/4 LESS TR 1 OF SE1/4 SE1/4 Moved-Seconded (Douglas-Seward) No change in structure value. Motion Carried. No action taken on land value.

#0008 A & G JENSEN LAND LLC 25000-00704-283-00 T-007 R-04 N1/2 SW1/4 Remarks: No action taken

#0009 JENSEN, CLIFFORD A & LONNA B 25000-00704-311-50 T-007 R-04 E1/2 NE1/4 EX 2A Remarks: No action taken

#0010 A & G JENSEN LAND LLC 22000-00604-053-20 T-006 R-04 S1/2 SW1/4-NW1/4 SW1/4 Moved-Seconded (Douglas-Seward) No change in structure value. Motion Carried. No action taken on land value.

#0011 A & G JENSEN LAND LLC 22000-00604-051-30 T-006 R-04 E1/2 OF LOT 4 - SW1/4 NW1/4 Remarks: No action taken

#0012 A & G JENSEN LAND LLC 25000-00704-293-00 T-007 R-04 E1/2 SW1/4 Moved-Seconded (Seward-Ewing) No change in structure value. Motion Carried. Remarks: No action taken on land value.

#0013 A & G JENSEN LAND LLC 25000-00704-282-00 T-007 R-04 NE1/4-NW1/4 Remarks: No action taken

#0014 A & G JENSEN LAND LLC 25000-00704-322-00 T-007 R-04 NW1/4 Remarks: No action taken

#0015 A & G JENSEN LAND LLC 22000-00604-082-10 T-006 R-04 NW1/4 EX RW EX H-2 .53A Remarks: No action taken

#0016 A & G JENSEN LAND LLC 25000-00704-304-70 T-007 R-04 S1/2 SE1/4 Remarks: No action taken

#0017 A & G JENSEN LAND LLC 25000-00704-283-50 T-007 R-04 S1/2 SW1/4 Remarks: No action taken

#0018 A & G JENSEN LAND LLC 25000-00704-294-00 T-007 R-04 SE1/4 Remarks: No action taken

#0019 A & G JENSEN LAND LLC 25000-00704-304-00 T-007 R-04 E1/2 NE1/4-N1/2 SE1/4 Remarks: No action taken

#0020 A & G JENSEN LAND LLC 22000-00604-061-10 T-006 R-04 SE1/4 SE1/4 LESS H2 & H3 AND OTHER HIGHWAY RW BK3 PG.353 Remarks: No action taken

#0021 A & G JENSEN LAND LLC 25000-00704-324-40 T-007 R-04 S1/2 NE1/4-W1/2 SE1/4 Moved-Seconded (Seward- Ewing) No change in structure value. Motion Carried. Remarks: No action taken on land value.

#0022 A & G JENSEN LAND LLC 25000-00704-332-00 T-007 R-04 NW1/4 Remarks: No action taken

#0023 A & G JENSEN LAND LLC 25000-00704-323-00 T-007 R-04 SW1/4 Remarks: No action taken

#0024 A & G JENSEN LAND LLC 22000-00604-051-20 T-006 R-04 LOTS 2-3 Remarks: No action taken

#0025 A & G JENSEN LAND LLC 25000-00704-321-00 T-007 R-04 N1/2 NE1/4 Remarks: No action taken

#0026 A & G JENSEN LAND LLC 22000-00604-083-20 T-006 R-04 SW1/4 NE1/4-NW1/4 SE1/4 Remarks: No action taken

#0027 A & G JENSEN LAND LLC 22000-00604-083-10 T-006 R-04 SW1/4 EX RW EX LOT H-1- H-2 -H-3 15.83A Remarks: No action taken

#0028 JATOI, DR ALIMADAD 14000-00404-190-70 T-004 R-04 TRACT A SUB OF HES 57 Moved-Seconded (Seward-Weisenberg) No change in land value. No change in structure value. Motion Carried. Remarks: Sales & comparables support the assessment

#0029 HALSEY, KENNETH 26680-01708-000-30 MINERAL 1564 THRU 1742 M.S. 1708 LOT 1 OF NEST LODE Moved-Seconded (Douglas-Weisenberg) No change in land value. No change in structure value. Motion Carried. Remarks: Sales & comparables support the assessment

#0030 TATONKA TRUST RAMSEY, C & I SZYMANSKI TRUSTEES 21200-00603-085-30 SUB OF 8-6-3 TR 2 SE1/4 SE1/4 Moved-Seconded (Weisenberg-Ewing) No change in land value. No change in structure value. Motion Carried. Remarks: Sales & comparables support the assessment

#0031 SCHUSTER, GAYLE M 19000-00601-020-40 T-006 R-01 LOT 3 Remarks: No action taken

#0032 SCHUSTER, GAYLE M 19000-00601-023-20 T-006 R-01 TRACT X OF SW1/4 NW1/4 Remarks: No action taken

#0033 LOKEN, ALAN J & MARLA J 24000-00702-201-65 T-007 R-02 SUB S1/2 NE1/4 LOT 5 Moved-Seconded (Ewing-Seward) No change in land value. Change structure value from $257,560 to $128,780 Motion Carried: Aye - 3 Nay-Douglas & Thompson. Remarks: 50% reduction improvement value

#0034 AYE, WILLIS F ETAL C/O GALI, IWALANA 26620-01519-000-10 MINERAL 1399 THRU 1563 M.S. 1519 UNDIVIDED 1/2 INTEREST IN KING LEAR& TEMPEST Moved- Seconded (Seward-Weisenberg) No change in land value. Motion Carried. Remarks: Sales & comparables support the assessment

#0035 GALI, FRED J, STEVEN,DUANE KEMBEL IWALANA AYE GALI FAMILY TRUST 26620-01461-000-00 MINERAL 1399 THRU 1563 M.S. 1461 FISHERMAN ETAL Moved-Seconded (Douglas-Weisenberg) Change land value from $85,650 to $42,830 Change land value from $8,460 to $0 Motion Carried. Remarks: NA-C value reduced from $85,650 to $42,830 due to topography of land & NA-C value was removed

#0036 GALI, FRED J, STEVEN,DUANE KEMBEL IWALANA AYE GALI FAMILY TRUST 26340-00990-000-20 MINERAL 759 THRU 1034 M.S. 990 NEW YORK GROUP Moved-Seconded (Weisenberg-Ewing) Change land value from $45,950 to $22,970 Change land value from $4,540 to $0 Motion Carried. Remarks: Adjustment due to restrictive access to property & NA value was removed

#0037 GALI, FRED J,STEVEN, DUANE KEMBEL IWALANA AYE GALI FAMILY TRUST 26620-01479-000-00 MINERAL 1399 THRU 1563 M.S. 1479 OMAHA-CHICAGO ETAL Moved-Seconded (Douglas-Weisenberg) Change land value from $93,900 to $46,950 Change land value from $9,280 to $0 Motion Carried. Remarks: Adjustment made to reflect a limited access & NA value was removed

#0038 AUER, LESLIE O ETUX C/O AUER, GEORGE 26280-00694-000-05 MINERAL 108 THRU 758 M.S. 694 M & B DESC. (PART) Remarks: No action taken

#0039 AUER, LESLIE O ETUX C/O AUER, GEORGE 26280-00694-000-00 MINERAL 108 THRU 758 M.S. 694 PT. RIDGESTONE P.C. PT. (REMAINDER INSIDE DWD.) Remarks: No action taken

#0040 HARTY, ALBERT L & RYETT K 24000-00702-180-10 T-007 R-02 TR A OF GOVT. LOT 4 Moved-Seconded (Seward-Douglas) No change in land value. No change in structure value. Motion Carried.

#0041 INGALLS, DALE ETAL C/O CONRAD, RONALD ETAL(CD) 26760-01791-000-00 MINERAL 1765 THRU 1887 M.S. 1791 SAN ANTONIO, YORK, RIVER, PO, CAMEO ETAL. No action taken. Remarks: Will bring receipt in to Darlene for reclassification

#0042 RYAN, WAYNE L SR & BETTY M 13000-00403-060-15 T-004 R-03 TRACT 37 EXCEPT LOT A (.26) & EXCEPT A POR. IN MATHISRUD TRACT(.30) Moved-Seconded (Seward-Weisenberg) No change in land value. No change in structure value. Motion Carried. Remarks: Sales & comparables support the assessment

#0043 RAHJA, ROBERT A 22000-00604-081-10 T-006 R-04 N1/2 NE1/4 Moved-Seconded (Douglas-Weisenberg) No change in structure value. Motion Carried. Remarks: No action taken on land value.

#0044 RAHJA, ROBERT A 22000-00604-091-20 T-006 R-04 NE1/4 SE1/4-SE1/4 NE1/4 Remarks: No action taken

#0045 RAHJA, ROBERT A 22000-00604-091-10 T-006 R-04 W1/2 NE1/4 Remarks: No action taken

#0046 RAHJA, ROBERT A 22000-00604-092-10 T-006 R-04 NW1/4 Remarks: No action taken

#0047 SUNDSTROM, JESSIE Y 26280-00346-000-10 MINERAL 108 THRU 758 M.S. 346 DAVEY'S TRACT OF THE WASHINGTON LODE Moved-Seconded (Seward- Weisenberg) No change in land value. Change structure value from “0” to $121,280. Motion Carried. Computer error missed cabin of $121,280 NA-C1, value was added.

#0048 THOMPSON, HUGH TRUSTEE 23000-00701-242-15 T-007 R-01 NE1/4 NW1/4 Moved-Seconded (Douglas-Weisenberg) No change in land value. Motion Carried:

#0049 AUER, LESLIE ETUX 21000-00603-251-10 T-006 R-03 SE1/4 NE1/4 Remarks: No action taken

#0050 AUER, LESLIE O ETUX 22000-00604-302-23 T-006 R-04 LOT 3 NW1/4 SW1/4 Moved-Seconded (Weisenberg-Seward) No change in structure value. Motion Carried. Remarks: No action taken on land value.

#0051 AUER, LESLIE O ETUX 22000-00604-312-10 T-006 R-04 GOV'T LOTS 1 & 2 INCLUDING LOT A Moved-Seconded (Seward-Thompson) No change in structure values. Motion Carried. Remarks: No action taken on land value.

#0052 AUER, LESLIE O & CAROLE A 21000-00603-254-15 T-006 R-03 SE1/4SE1/4 (EX.TR A REVISED) & NE1/4SE1/4 Remarks: No action taken

#0053 AUER, LESLIE O ETUX 22000-00604-313-40 T-006 R-04 REMAINING POR. OF GOV'T LOT 3 Remarks: No action taken

#0054 AUER, LESLIE O ETUX 22000-00604-302-24 T-006 R-04 SE1/4 NW1/4 Remarks: No action taken

#0055 AUER, LESLIE O ETUX 22000-00604-303-30 T-006 R-04 LOT 4 SW1/4 SW1/4 Remarks: No action taken

#0056 AUER, LESLIE O ETUX 22000-00604-302-22 T-006 R-04 LOT 2 SW1/4 NW1/4 Remarks: No action taken

#0057 AUER, LESLIE O ETUX 22000-00604-302-21 T-006 R-04 LOT 1 NW1/4 NW1/4 Remarks: No action taken

#0058 AUER, LESLIE O & CAROLE 22000-00604-302-15 T-006 R-04 S1/2 NE1/4 NW1/4 Remarks: No action taken

4:45 p.m. April 8, 2008 the Board of Equalization recessed Moved-Seconded (Seward- Weisenberg) until 9:30 a.m. April 9, 2008.

9:30 a.m April 9, 2008 the County Board of Equalization reconvened with Terry Weisenberg, Connie Douglas, Bob Ewing, and Jim Seward present. Tommy Thompson was absent.

#0059 HUFFMAN, LOUIS E & JANICE J 22000-00604-332-56 T-006 R-04 LOT 6 S/D OF TR B OF JV S/D S1/2 NW1/4. Moved-Seconded (Seward-Weisenberg ) No change in land value. No change in structure value. Motion Carried. Absent-Thompson. Remarks: Sales and comparables support the assessment.

#0060 WALKER, WILLIAM J 21200-00603-085-05 SUB OF 8-6-3 TRACT Z SE1/4 SE1/4. Moved-Seconded (Weisenberg-Ewing) No change in structure values. No change in land value. Motion Carried. Absent-Thompson. Remarks: Request for Owner Occupied Status denied due to failure to file application before March 15 th deadline.

#0061 HEGDAHL, JAMES C & HEGDAHL, JAMES D & PATRICIA A 22500-00604-162- 82 EAST SLOPE ESTATES 16-6-4 LOT 17B. Moved-Seconded (Weisenberg-Ewing ) No change in land value. Motion Carried. Absent-Thompson. Remarks: Sales and comparables support the assessment.

#0062 ANDERSON, LARRY D & AUDREY L 26345-00777-310-00 SHIRT TAIL GULCH S/D LOT 31 Moved-Seconded ( Ewing - Weisenberg ) No change in land value. Change structure value from $382,440 to $371,660 Motion Carried. Absent-Thompson. Remarks: After reviewing the property with the owner, corrections were made to the property record.

#0063 ANIMAL WILD PROPERTIES LLC 26920-00001-004-06 LOST CAMP VALLEY AC. TR A LOT 6 BLK 4 Moved-Seconded ( Douglas - Ewing ) Change land value from $75,000 to $0. Motion Carried. Absent-Thompson. Remarks: Owner had requested that the lots be combined - they are contiguous. to the home site.

#0064 ANIMAL WILD PROPERTIES LLC 26920-00001-004-07 LOST CAMP VALLEY AC. TR A LOT 7 BLK 4 Moved-Seconded ( Ewing - Douglas ) Change land value from $75,000 to $82,200 No change in structure values. Motion Carried. Absent-Thompson. Remarks: Owner has requested that the lots be combined - they are contiguous to the home site. Changing acreage from .38 to 1.12 and the legal to Lots 6, 7, & 8, Block 4.

#0065 ANIMAL WILD PROPERTIES LLC 26920-00001-004-08 LOST CAMP VALLEY AC. TR A LOT 8 BLK 4. Moved-Seconded ( Ewing - Weisenberg ) Change land value from $75,000 to $0. Motion Carried. Absent-Thompson. Remarks: Owner has requested that the lots be combined, they are contiguous to the home site.

#0066 BLEGEN, PAUL A ETUX 26760-01879-000-40 MINERAL 1765 THRU 1887 M.S. 1879 PT GOLDEN STAR #1 Moved-Seconded ( Douglas - Seward ) Change land value from $25,380 to $20,300. Motion Carried. Absent-Thompson. Remarks: The site is located in an isolated area of Lawrence County. The adjustment equalizes this parcel with other isolated parcels.

#0067 BRIDE, JOSEPH JAMES & BRIDE, JEANNE LOUISE 18600-00504-150-19 BOULDER PARK 14 & 15-5-4 LOT 19 BLK 1. Moved-Seconded ( Douglas - Ewing ) Change land value from $9,000 to $5,400 Motion Carried. Absent-Thompson. Remarks: Corrected adjustment for contiguous lot value.

#0068 CASS, EARL F & DEBORAH 26660-01563-000-70 CALIFORNIA S/D #1 LOT 7. Moved-Seconded ( Douglas - Weisenberg ) Change land value from $39,680 to $46,520. Motion Carried. Absent-Thompson. Remarks: Combined with parcel #26660-01563-000-60 changing acreage from 2.17 to 3.88 and legal to Lots 6&7, California Subdivision.

#0069 CASS, EARL F & DEBORAH 26660-01563-000-60 CALIFORNIA S/D #1 LOT 6 Moved-Seconded ( Weisenberg - Douglas ) Change land value from $37,840 to $0. Motion Carried. Absent-Thompson. Remarks: Combining Lots 6 & 7, eliminating a site value. Combined with parcel #26660-01563-000-70

#0070 CRAGO HOMESTEAD LLP C/O RALPH D CRAGO 24000-00702-083-05 T-007 R- 02 REMAINDER OF PT OF S1/2SW1/4 Moved-Seconded ( Douglas - Weisenberg ) To add land value of $3,490 AG-A. Motion Carried. Absent-Thompson. Remarks: In house correction in reference to deed document number 2007-00028

#0071 CRAGO, MARGARET I 24000-00702-083-10 T-007 R-02 E 555.06' OF THE SE1/4SW1/4. Moved-Seconded ( Weisenberg - Douglas ) Change land value from $7,410 to $53,730, Change abstract class from AG to NA, Change structure value from $96,510 to $100,650, Change structure value from $4,140 to $0. Motion Carried. Absent-Thompson. Remarks: In house correction in reference to deed document number 2007-00028

#0072 DELLA VECCHIA, GUIDO & DELLA VECCHIA, JOHANNA MEIER 20000- 00602-164-10 T-006 R-02 SE1/4 NE1/4-NE1/4 SE1/4-SE1/4 SE1/4. Moved-Seconded ( Seward - Douglas ) No change in land value. Change structure value from $35,260 to $0. Motion Carried. Absent-Thompson. Remarks: The improvements assessed on this parcel are assessed on an adjoining parcel

#0073 GRAY, JUDY C C/O WITTMAYER, RICHARD & RHONDA 14000-00404-180-36 T- 004 R-04 LOT 18 EX H1(.10 AC)& LOT 19(.41) OF HES 137. Moved-Seconded ( Ewing - Weisenberg ) No change in land value. Change structure value from $144,820 to $129,000 Motion Carried. Absent-Thompson. Remarks: Inspected 3/19/2008 - made adjustments for amateur workmanship, changed basement finish from average to minimal.

#0074 HATHEWAY, ROGER L & PATTI L 26740-01764-000-40 BLACK FOREST RANCH. #2 LOT 6. Moved-Seconded ( Douglas - Weisenberg ) Change land value from $39,450 to $30,000 Motion Carried. Absent-Thompson. Remarks: Adjusted to sales price - lot receives drainage from surrounding lots, making majority of the lot un-useable.

#0075 HUNT, ERIC S 20050-00602-036-14 SUB 3-6-2 LOTS 3 & 4 N1/8 SW1/4 NW1/4 Moved-Seconded ( Ewing - Weisenberg ) No change in land value. Change structure value from $25,880 to $4,740. No change in remaining structure values. Motion Carried. Absent-Thompson: Remarks. The house on this property has fire damage and has been converted to a storage shed. This structure will be demolished later this year.

#0076 JORGENSON, RON L & LISA 13000-00403-250-31 T-004 R-03 TRACT 0275A Moved-Seconded ( Douglas - Weisenberg ) Change land value from $1,060 to $450. Motion Carried. Absent-Thompson. Remarks: Contiguous to boondocks tract, adjusted to reflect a secondary value ($2,500 X .18 = $450)

#0077 KLUTHE, CAROL & STACEY ANN C/O GARIBOLDI, JOSEPH & SHARON 18000-00504-064-20 T-005 R-04 NW1/4 SE1/4 Moved-Seconded ( Weisenberg - Douglas ) Change land value from $122,500 to $83,300. Motion Carried. Absent-Thompson. Remarks: Land adjusted for size and access.

#0078 MAGYAR, CHARLES W & KAREN C DAVID & HEATHER MAGYAR 26420- 01147-000-35 MINERAL 1136 THRU 1158 M.S. 1147 EXCELSIOR FR LODE. Moved- Seconded ( Weisenberg - Douglas ) Change land value from $37,250 to $25,000. Motion Carried. Absent-Thompson. Remarks. Adjusting to the 2007 sales price for one year until they can determine why the parcel sold for less than the surrounding parcels.

#0079 MALON, HARVEY K & LORETTA K 10500-00305-300-35 MISTY MEADOWS S/D HES 506 LOT 5A (PLATTED AS 2.13 A) Moved-Seconded ( Douglas - Weisenberg ) Change land value from $38,960 to $36,960. No change in structure value. Motion Carried. Absent- Thompson. Remarks: Acres estimated based on court case that states that the lot line follows the creek.

#0080 MOUNTAIN VIEW HEIGHTS INC 26340-00866-000-00 MINERAL 759 THRU 1034 M.S. 866 DARK HORSE UNDIVIDED Moved-Seconded ( Douglas - Ewing ) Change land value from $33,920 to $18,660. Motion Carried. Absent-Thompson. Remarks: Adjusted because lot runs across Nevada Gulch road into parking lot of blue chair lift, building site questionable.

#0081 PETERSON, JANE A 26840-01942-000-22 MINERAL 1925 THRU 1993 M.S. 1942 TRACT B PENDEGRAFT TRACT. Moved-Seconded ( Weisenberg - Ewing ) No change in land value. Change structure value from $225,680 to $217,580 Motion Carried. Absent-Thompson. Remarks: Changed square footage.

#0082 REIF, SCOTT & JEANNE L 26800-01915-000-55 MINERAL 1887 THRU 1917 M.S. 1915 LOT C-2 EX H1(.28AC) OF ST. JOE OF C OF AMAZON & ST. JOE Moved-Seconded ( Ewing - Douglas ) No change in land value. Change structure value from $32,730 to $27,410. Motion Carried. Absent-Thompson. Remarks: Adjusted quality and depreciation based on an inspection of the property 3/19/08.

#0083 SEBADE, CHAD B & BROOK J 26500-01209-010-20 MINERAL 1208 THRU 1216 M.S. 1209 LOT V-3 OF THE VENUS LODE. Moved-Seconded ( Ewing - Douglas ) Change land value from $103,410 to $97,670. Motion Carried. Absent-Thompson. Remarks: land adjustment - topography.

#0084 VANDER HEIDE, TIMOTHY J MCLAUGHLIN, RUTH M 21000-00603-034-20 T- 006 R-03 S1/2 SE1/4 NW1/4 - E1/2 SW1/4, & N1/2 SW1/4 SE1/4. Moved-Seconded ( Douglas - Seward ) No change in land value. Change structure value from $26,660 to $0. Motion Carried. Absent-Thompson. Remarks: The improvement value is indicated on adjoining parcel number 21000-00603-034-15.

#0085 ARNOLD, DANNY T & CONSTANCE 26680-01670-000-30 MINERAL 1564 THRU 1742 M.S. 1670 GROUSE HILL LODE. Moved-Seconded ( Douglas - Seward ) No change in land value. Motion Carried. Absent-Thompson. Remarks: Sales and comparables support the assessment.

#0086 BENSON, KRISTY KAY 01000-00201-080-00 T-002 R-01 TRACT 37 Moved-Seconded ( Ewing - Douglas ) No change in land value. Motion Carried. Absent-Thompson. Remarks: Sales and comparables support the assessment. Property does not meet criteria for AG classification.

#0087 BRADSKY W BLVD CORP ETAL 26680-01637-000-00 MINERAL 1564 THRU 1742 M.S. 1637 TRANSFER GOLD ETAL Moved-Seconded ( Weisenberg - Ewing ) Change land value from $345,560 to $36,800 Change abstract class from NA to AG. Motion Carried. Absent- Thompson. Remarks: Proof of Ag qualification supplied.

#0088 BRECHTEL, ROBERT & GENEVIEVE H 20000-00602-361-30 T-006 R-02 TRACT 2 S/D OF W1/2 W1/2 SW1/4 NE1/4 Moved-Seconded ( Douglas - Ewing ) No change in land value. No change in structure value. Motion Carried. Absent-Thompson. Remarks: Sales and comparables support the assessment.

#0089 BRELAND, PHILIP A & OHAYON, GEORGETTE B 26620-01402-000-00 MINERAL 1399 THRU 1563 M.S. 1402 TRACT 1 OF STAR & GOLDWEDGE Moved- Seconded ( Ewing - Weisenberg ) No change in land value. No change in structure values. Motion Carried. Absent-Thompson. Remarks: Sales and comparables support the assessment.

#0090 CARLSON, CARL & MICHELLE 26420-01158-000-05 MINERAL 1136 THRU 1158 M.S. 1158 BULL EAGLE TRACT REVISED Moved-Seconded ( Weisenberg - Douglas ) No change in land value. Change structure value from $251,450 to $228,060 Motion Carried. Absent- Thompson. Remarks: Adjustment made based on inspection of property and comparables.

#0091 CHICOINE, NOEL D & TERESA M 26760-01794-000-40 MINERAL 1765 THRU 1887 M.S. 1794 LOT 4 CLONDYKE #1-3 Moved-Seconded ( Douglas - Weisenberg ) No change in land value. Motion Carried. Absent-Thompson. Remarks: Sales and comparables support the assessment.

#0092 DERBY, ROSE M 18000-00504-031-00 T-005 R-04 SE1/4 NE1/4 Moved-Seconded ( Ewing - Weisenberg ) Change land value from $78,500 to $40,000. Motion Carried. Absent- Thompson. Remarks: Land moved to last years value for one year until easement across Forest Service land can be determined to grant access to property.

#0093 DICKEY, ALICE JUNE TRUSTEE DICKEY CABIN TRUST 16000-00502-040-12 T- 005 R-02 LOT 12 PAT. 92-417 T5 R2 SEC. 3 & 4 Moved-Seconded ( Douglas - Weisenberg ) No change in land value. No change in structure value. Motion Carried. Absent-Thompson. Remarks: Sales and comparables support the assessment.

#0094 GRIZZEL, JOEL D & MICHELE ANN 26680-01611-000-25 MINERAL 1564 THRU 1742 M.S. 1611 CHARLIE & KANSAS CITY LODES. Moved-Seconded ( Ewing - Weisenberg ) No change in land value. No change in structure value. Motion Carried. Absent-Thompson. Remarks: Sales and comparables support the assessment.

#0095 GUSTAVISON, TIMOTHY D & BONNIE J NEUBECKER, ERIC J & JUDITH 22000-00604-332-53 T-006 R-04 LOT 3 S/D OF TR B OF JV S/D S1/2 NW1/4 Moved-Seconded ( Ewing - Weisenberg ) No change in land value. No change in structure value. Motion Carried. Absent-Thompson. Remarks: Sales and comparables support the assessment.

#0096 FOSHEIM, BRETT RANDALL & SUSAN F 26740-01764-000-50 BLACK FOREST RANCH. #2 LOT 7. Moved-Seconded ( Weisenberg - Douglas ) Change land value from $38,800 to $28,000 Motion Carried. Absent-Thompson. Remarks: Adjusted to reflect the purchase price and drainage area with springs.

#0097 HUBER, PERRY 21300-00603-280-00 CENTENNIAL VISTA LOT 28 Moved-Seconded ( Douglas - Ewing ) No change in land value. Motion Carried. Absent-Thompson. Remarks: Sales and comparables support the assessment.

#0098 JORGENSON, RONALD L & LISA M 26580-01302-000-10 MINERAL 1299 THRU 1398 M.S. 1302 TRACT A. Moved-Seconded ( Weisenberg - Douglas ) No change in land value. No change in structure value. Motion Carried. Absent-Thompson. Remarks: Sales and comparables support the assessment.

#0099 JORGENSON, LISA M & RONALD L 26580-01302-000-00 MINERAL 1299 THRU 1398 M.S. 1302 WEST LODE EXCEPT TR. A & H-1(.18) Moved-Seconded ( Douglas - Seward ) No change in land value. No change in structure value. Motion Carried. Absent-Thompson. Remarks: Sales and comparables support the assessment.

#0100 KOEHN, WILLIAM W 26680-01741-000-45 MINERAL 1564 THRU 1742 M.S. 1741 W 1/2 NORA LODE (EX LOT E & PT F) Moved-Seconded ( Douglas - Weisenberg ) No change in land value. Motion Carried. Absent-Thompson. Remarks: Sales and comparables support the assessment.

#0101 KREJCI, FRED W 26620-01473-000-00 MINERAL 1399 THRU 1563 M.S. 1473 GOLDEN BOTTLE. Moved-Seconded ( Douglas - Weisenberg ) No change in land value. Motion Carried. Absent-Thompson. Remarks: Sales and comparables support the assessment.

#0102 LARSEN, ELLEN N 26510-01217-010-05 DEER MT. RESORT DEV. #2 LOT 5 OF LOT A Moved-Seconded ( Weisenberg - Douglas ) No change in land value. No change in structure value. Motion Carried. Absent-Thompson. Remarks: Sales and comparables support the assessment.

#0103 MCDONALD, THOMAS K 26760-01869-000-20 MINERAL 1765 THRU 1887 M.S. 1869 TR 1 OF GOLD STANDARD ETAL Moved-Seconded ( Ewing - Weisenberg ) No change in land value. No change in structure value. Motion Carried. Absent-Thompson. Remarks: Sales and comparables support the assessment.

#0104 MILLARD, CLINT & TERESE HRUSKA MILLARD, PAM & RODGER L MARX JR 26680-01703-000-05 MINERAL 1564 THRU 1742 M.S. 1703 WOODBRIDGE ETAL Moved-Seconded ( Ewing - Douglas ) No change in land value. Motion Carried. Absent- Thompson. Remarks: Sales and comparables support the assessment.

#0105 MILLARD, CLINTON TIM & TERESE L HRUSKA 26680-01703-000-15 MINERAL 1564 THRU 1742 M.S. 1703 LOT C S/D & PT 60' X 100' M.S. 1703. Moved-Seconded ( Douglas - Seward ) No change in land value. No change in structure value. Motion Carried. Absent- Thompson. Remarks: Sales and comparables support the assessment.

#0106 MILLARD, CLINT & TERESE HRUSKA 26680-01703-000-06 MINERAL 1564 THRU 1742 M.S. 1703 PT MANDAN & SARATOGA LODES. Moved-Seconded ( Weisenberg - Douglas ) No change in land value. Motion Carried. Absent-Thompson. Remarks: Sales and comparables support the assessment.

#0107 SEBADE, CHAD & BROOK 26530-00000-150-00 DEER MTN RESORT #4 LOT 15 Moved-Seconded ( Weisenberg - Douglas ) No change in land value. Change structure value from $367,040 to $284,100. Motion Carried. Absent-Thompson. Remarks: Adjusted to recent purchase price.

#0108 PEPIN, RAYMOND L & ANITA L 24000-00702-111-15 T-007 R-02 DJ'S TRACT Moved-Seconded ( Douglas - Weisenberg ) No change in land value. No change in structure value. Motion Carried. Absent-Thompson. Remarks: Sales and comparables support the assessment.

#0109 PROFESSIONAL PROPERTIES & DEV 24000-00702-363-60 T-007 R-02 NE1/4 SW1/4 Moved-Seconded ( Douglas - Seward ) No change in land value. Motion Carried. Absent- Thompson. Remarks: Sales and comparables support the assessment.

#0110 REDDER, THOMAS J 26880-02045-000-10 MINERAL 1995 THRU 2079 M.S. 2045 MCCLELLAN EXT. LODE Moved-Seconded ( Weisenberg - Douglas ) No change in land value. Motion Carried. Absent-Thompson. Remarks: Sales and comparables support the assessment.

#0111 REIF, SCOTT D & JEANNE L 26840-01932-000-25 MINERAL 1925 THRU 1993 M.S. 1932 TRACT 2 BEING A POR. OF MONDAMIN LODES Moved-Seconded ( Douglas - Weisenberg ) No change in land value. No change in structure value. Motion Carried. Absent- Thompson. Remarks: Sales and comparables support the assessment.

#0112 REINHARDT, LINDA M 26600-01399-000-08 STRAWBERRY HILL S/D LOT 5 Moved-Seconded ( Weisenberg - Douglas ) No change in land value. Motion Carried. Absent- Thompson. Remarks: Sales and comparables support the assessment.

#0113 SEBADE, DAVID & MARLA 08100-00303-210-20 BULLDOG RANCH SUB. TR 2 OF BULLDOG RANCH S/D OF HES 621 Moved-Seconded ( Weisenberg - Douglas ) No change in land value. No change in structure value. Motion Carried. Absent-Thompson. Remarks: Sales and comparables support the assessment.

#0114 TIMMER, CHAD & KIRSTEN 26640-01563-036-00 BLACK FOREST RANCH. #3 LOT 36 Moved-Seconded ( Weisenberg - Douglas ) No change in land value. Motion Carried. Absent-Thompson. Remarks: Sales and comparables support the assessment.

#0115 WIEDENMAN, R V TRUST 26860-01994-000-70 BLACK FOREST RANCH. #1 LOT 37 Moved-Seconded ( Douglas - Weisenberg ) Change land value from $38,000 to $24,700. No change in structure value. Motion Carried. Absent-Thompson. Remarks: Topographical adjustment.

#0116 WIEDENMAN, R V TRUST 26400-01135-000-60 ANNUIT COEPTIS S/D 1135 LOT 2 BLK 9 Moved-Seconded ( Weisenberg - Ewing ) Change land value from $36,840 to $24,680 Motion Carried. Absent-Thompson. Remarks: Adjusted upon the recommendation of the Director of Equalization.

#0117 KLUG, ROBERT H & COLLEEN K 18750-00504-390-00 MEADOW CREST LOT 39 Moved-Seconded ( Douglas - Weisenberg ) No change in land value. Motion Carried. Absent- Thompson. Remarks: Sales and comparables support the assessment.

#0118 WICHMANN, MONIKA 22710-00604-005-29 WHITEWOOD FOREST ADDN #2 LOT 29 BLK 5 Moved-Seconded ( Douglas - Weisenberg ) No change in land value. Motion Carried. Absent-Thompson. Remarks: Sales and comparables support the assessment.

#0119 WORDEMAN, RYAN W 19000-00601-113-70 T-006 R-01 S1/2 SW1/4 Moved- Seconded ( Weisenberg - Ewing ) No change in land value. No change in structure values. Motion Carried. Absent-Thompson. Remarks: NA-Z for 2008 by statute.

#0120 ANDERSON HISTORIC PRESERVATION ASSOCIATION 11000-00401-160-00 T- 004 R-01 HES 287 EX TRS A & B Moved-Seconded ( Weisenberg - Ewing ) No change in structure values. Motion Carried. Absent-Thompson. Remarks: Sales and comparables support the assessment. Moved-Seconded ( Douglas - Seward ) No change in land value. Motion Carried. Absent-Thompson. Remarks: To uphold the assessed value of AG-A as determined by the Lawrence County Director of Equalization in that the application of the provisions of SDCL Ch. 10-6, specifically 10-6-33.24 and 10-6-33.25, was properly made in arriving at the assessments of the agricultural land and therefore no change shall be authorized. Motion Carried. Absent- Thompson.

#0121 VANDER HEIDE, TIMOTHY J MCLAUGHLIN, RUTH M 21000-00603-102-15 T- 006 R-03 UNPLATTED POR. NW1/4 NE1/4. Moved-Seconded ( Weisenberg - Douglas ) No change in structure values. Motion Carried. Absent-Thompson. Remarks: Sales and comparables support the assessment. Moved-Seconded ( Douglas - Seward ) No change in land value. Motion Carried. Absent-Thompson. Remarks: To uphold the assessed value of AG-A as determined by the Lawrence County Director of Equalization in that the application of the provisions of SDCL Ch. 10-6, specifically 10-6-33.24 and 10-6-33.25, was properly made in arriving at the assessments of the agricultural land and therefore no change shall be authorized. Motion Carried. Absent- Thompson.

AG APPEALS & VALUES: Moved by Douglas to uphold the Ag values as established by the Director of Equalization Motion died due to lack of second.

Discussion followed on rental rates and the USDA survey. The Board also discussed the possibility of the County sending out a survey to see what the responses showed for a rental rate, and possibly setting up a committee of two Commissioners, Director of Equalization and maybe additional members to research future AG assessments. The Equalization Board does not have the authority to establish a committee, so the stated issue will be discussed at a future County Commission meeting.

Moved-Seconded (Weisenberg-Douglas) To uphold the assessed value of AG-A as determined by the Lawrence County Director of Equalization in that the application of the provisions of SDCL Ch. 10-6, specifically 10-6-33.24 and 10-6-33.25, was properly made in arriving at the assessments of the same agricultural bare land parcels and therefore no change shall be authorized on the following parcels. Motion Carried. Absent-Thompson. PARCEL#’S 06000-00301-330-00 22000-00604-032-20 23000-00701-263-10 08000-00303-152-00 22000-00604-034-10 23000-00701-263-20 14000-00404-360-20 22000-00604-043-10 23000-00701-264-20 19000-00601-010-00 22000-00604-044-10 23000-00701-264-30 19000-00601-011-00 22000-00604-044-40 23000-00701-271-10 19000-00601-013-50 22000-00604-044-50 23000-00701-272-10 19000-00601-020-40 22000-00604-051-10 23000-00701-291-10 19000-00601-023-20 22000-00604-051-20 23000-00701-301-20 19000-00601-043-00 22000-00604-051-30 23000-00701-304-10 19000-00601-054-90 22000-00604-053-10 23000-00701-341-10 19000-00601-070-00 22000-00604-054-10 23000-00701-352-10 19000-00601-071-60 22000-00604-061-10 23000-00701-354-30 19000-00601-074-00 22000-00604-061-20 23000-00701-362-10 19000-00601-074-40 22000-00604-061-30 23000-00701-364-40 19000-00601-083-70 22000-00604-063-10 24000-00702-012-60 19000-00601-084-00 22000-00604-064-10 24000-00702-013-10 19000-00601-091-50 22000-00604-071-20 24000-00702-013-30 19000-00601-092-00 22000-00604-072-10 24000-00702-014-10 19000-00601-100-00 22000-00604-082-10 24000-00702-114-10 19000-00601-161-10 22000-00604-083-10 24000-00702-114-20 19000-00601-173-00 22000-00604-083-20 24000-00702-143-44 19000-00601-174-00 22000-00604-091-10 24000-00702-154-00 19000-00601-180-00 22000-00604-091-20 24000-00702-180-00 19000-00601-180-10 22000-00604-092-10 24000-00702-190-00 19000-00601-180-40 22000-00604-103-20 24000-00702-300-00 19000-00601-180-60 22000-00604-104-20 24000-00702-353-80 19000-00601-181-30 22000-00604-104-30 25000-00704-010-00 19000-00601-190-00 22000-00604-113-10 25000-00704-020-00 20000-00602-011-05 22000-00604-142-10 25000-00704-031-00 20000-00602-014-40 22000-00604-151-20 25000-00704-060-70 21000-00603-010-10 22000-00604-152-25 25000-00704-064-40 21000-00603-011-10 22000-00604-251-10 25000-00704-070-00 21000-00603-012-10 22000-00604-252-10 25000-00704-072-00 21000-00603-012-20 22000-00604-253-10 25000-00704-073-00 21000-00603-014-10 22000-00604-253-20 25000-00704-084-00 21000-00603-023-30 22000-00604-264-30 25000-00704-093-00 21000-00603-024-10 22000-00604-264-40 25000-00704-093-40 21000-00603-024-20 22000-00604-302-15 25000-00704-094-00 21000-00603-031-10 22000-00604-302-21 25000-00704-101-00 21000-00603-034-10 22000-00604-302-22 25000-00704-103-00 21000-00603-042-20 22000-00604-302-24 25000-00704-132-00 21000-00603-044-10 22000-00604-303-30 25000-00704-133-60 21000-00603-051-20 22000-00604-313-40 25000-00704-142-00 21000-00603-091-20 22000-00604-361-10 25000-00704-143-00 21000-00603-102-20 23000-00701-134-10 25000-00704-144-00 21000-00603-112-40 23000-00701-224-20 25000-00704-151-00 21000-00603-113-05 23000-00701-231-15 25000-00704-162-00 21000-00603-121-10 23000-00701-232-20 25000-00704-172-00 21000-00603-124-10 23000-00701-233-10 25000-00704-173-00 21000-00603-224-20 23000-00701-234-55 25000-00704-173-40 21000-00603-233-20 23000-00701-241-10 25000-00704-174-00 21000-00603-234-10 23000-00701-241-20 25000-00704-194-00 21000-00603-234-20 23000-00701-242-20 25000-00704-201-00 21000-00603-242-20 23000-00701-244-05 25000-00704-202-00 21000-00603-251-10 23000-00701-244-30 25000-00704-202-40 21000-00603-254-15 23000-00701-251-10 25000-00704-203-00 21000-00603-344-10 23000-00701-253-10 25000-00704-203-70 21000-00603-352-15 23000-00701-254-10 25000-00704-204-00 21000-00603-353-10 23000-00701-261-63 25000-00704-204-70 22000-00604-023-42 23000-00701-261-65 25000-00704-211-00 22000-00604-031-10 23000-00701-261-70 25000-00704-213-00 22000-00604-032-10 23000-00701-262-20 25000-00704-213-40 25000-00704-223-00 26760-01877-000-30 28500-00703-364-00 25000-00704-224-80 26760-01877-000-35 25000-00704-232-00 26760-01877-000-40 25000-00704-233-00 26760-01877-000-50 25000-00704-234-00 26760-01879-000-80 25000-00704-242-00 26760-01879-000-90 25000-00704-273-00 26840-01947-000-00 25000-00704-282-00 26880-02051-000-20 25000-00704-283-00 28400-00703-052-00 25000-00704-283-50 28400-00703-060-00 25000-00704-284-00 28400-00703-131-00 25000-00704-291-00 28400-00703-132-00 25000-00704-291-70 28500-00703-213-00 25000-00704-292-00 28500-00703-221-70 25000-00704-294-00 28500-00703-222-04 25000-00704-300-00 28500-00703-223-00 25000-00704-301-00 28500-00703-223-30 25000-00704-302-00 28500-00703-224-00 25000-00704-303-00 28500-00703-231-00 25000-00704-303-40 28500-00703-252-00 25000-00704-304-00 28500-00703-253-50 25000-00704-304-70 28500-00703-260-20 25000-00704-311-00 28500-00703-263-30 25000-00704-311-50 28500-00703-271-00 25000-00704-313-00 28500-00703-272-78 25000-00704-321-00 28500-00703-282-00 25000-00704-322-00 28500-00703-283-00 25000-00704-323-00 28500-00703-294-00 25000-00704-332-00 28500-00703-294-70 25000-00704-333-00 28500-00703-300-80 25000-00704-334-00 28500-00703-303-00 25000-00704-341-00 28500-00703-304-00 25000-00704-342-00 28500-00703-304-20 26280-00392-000-00 28500-00703-310-00 26280-00393-000-00 28500-00703-311-00 26280-00494-000-00 28500-00703-311-50 26280-00495-000-00 28500-00703-313-00 26280-00496-000-00 28500-00703-321-00 26280-00497-000-00 28500-00703-322-00 26280-00498-000-00 28500-00703-322-70 26280-00499-000-00 28500-00703-323-00 26280-00500-000-00 28500-00703-324-00 26280-00586-000-00 28500-00703-324-50 26280-00587-000-00 28500-00703-331-00 26280-00588-000-00 28500-00703-332-00 26280-00589-000-00 28500-00703-332-80 26280-00602-000-00 28500-00703-334-00 26280-00603-000-00 28500-00703-334-10 26280-00604-000-00 28500-00703-334-40 26280-00694-000-00 28500-00703-341-00 26280-00694-000-05 28500-00703-342-00 26460-01179-000-00 28500-00703-342-70 26460-01180-000-10 28500-00703-343-00 26460-01181-000-10 28500-00703-343-30 26460-01183-000-00 28500-00703-343-40 26460-01193-000-15 28500-00703-344-00 26760-01776-000-10 28500-00703-351-00 26760-01778-000-00 28500-00703-352-60 26760-01787-000-00 28500-00703-352-80 26760-01853-000-00 28500-00703-363-00 26760-01854-000-00 28500-00703-363-20 26760-01877-000-10 28500-00703-363-80

AG APPEALS WITH STRUCTURES: BALO, LONULD G & MONA J 25000-00704-244-00 T-007 R-04 N1/2 NE1/4-SW1/4 NE1/4- SE1/4 NE1/4 Moved-Seconded ( Douglas - Seward ) No change in structure value. No change in land value. Motion Carried. Absent-Thompson. Remarks: To uphold the assessed value of AG-A as determined by the Lawrence County Director of Equalization in that the application of the provisions of SDCL Ch. 10-6, specifically 10-6-33.24 and 10-6-33.25, was properly made in arriving at the assessments of the agricultural land and therefore no change shall be authorized. Structure values sales and comparables support the assessment. Motion Carried. Absent- Thompson.

BENDER, BARRY D & MARJORIE J 21000-00603-033-20 T-006 R-03 SW1/4 SW1/4, S1/2 NW1/4 SW1/4 Moved-Seconded ( Douglas - Seward ) No change in structure value. No change in land value. Motion Carried. Absent-Thompson. Remarks: To uphold the assessed value of AG-A as determined by the Lawrence County Director of Equalization in that the application of the provisions of SDCL Ch. 10-6, specifically 10-6-33.24 and 10-6-33.25, was properly made in arriving at the assessments of the agricultural land and therefore no change shall be authorized. Structure values sales and comparables support the assessment. Motion Carried. Absent- Thompson.

CENTENNIAL PRAIRIE RANCH INC 21000-00603-262-30 T-006 R-03 W1/2 NE1/4-E1/2 NW1/4 EX LOT H2 (7.12AC) LOT H3(.93AC) & LOT H4(.95AC) Moved-Seconded ( Douglas - Seward ) No change in structure value. No change in land value. Motion Carried. Absent- Thompson. Remarks: To uphold the assessed value of AG-A as determined by the Lawrence County Director of Equalization in that the application of the provisions of SDCL Ch. 10-6, specifically 10-6-33.24 and 10-6-33.25, was properly made in arriving at the assessments of the agricultural land and therefore no change shall be authorized. Structure values sales and comparables support the assessment. Motion Carried. Absent-Thompson.

CENTENNIAL PRAIRIE RANCH INC 21000-00603-233-10 T-006 R-03 S1/2 NW1/4-N1/2 SW1/4 EX H-1 & H-2 (10.80A) Moved-Seconded ( Douglas - Seward ) No change in structure value. No change in land value. Motion Carried. Absent-Thompson. Remarks: To uphold the assessed value of AG-A as determined by the Lawrence County Director of Equalization in that the application of the provisions of SDCL Ch. 10-6, specifically 10-6-33.24 and 10-6-33.25, was properly made in arriving at the assessments of the agricultural land and therefore no change shall be authorized. Structure values sales and comparables support the assessment. Motion Carried. Absent-Thompson.

CROWLEY, MICHAEL J & DEBBIE J 28500-00703-262-78 SOUTH HALF - ST. ONGE NW1/4 NW1/4 LESS S 32' (1ACRE) 26-7-3 Moved-Seconded ( Douglas - Seward ) No change in structure value. No change in land value. Motion Carried. Absent-Thompson. Remarks: To uphold the assessed value of AG-A as determined by the Lawrence County Director of Equalization in that the application of the provisions of SDCL Ch. 10-6, specifically 10-6-33.24 and 10-6-33.25, was properly made in arriving at the assessments of the agricultural land and therefore no change shall be authorized. Structure values sales and comparables support the assessment. Motion Carried. Absent-Thompson.

DEROSIER, FLOYD ETAL C/O LONE MT FAMILY PTNSHP (CD) 28500-00703-221-00 SOUTH HALF - ST. ONGE SE1/4 NW1/4 EX TR A & EX 4.86A - E1/2 SW1/4 - TR B OF SW1/4~NE1/4 22-7-3 Moved-Seconded ( Douglas - Seward ) No change in structure value. No change in land value. Motion Carried. Absent-Thompson. Remarks: To uphold the assessed value of AG-A as determined by the Lawrence County Director of Equalization in that the application of the provisions of SDCL Ch. 10-6, specifically 10-6-33.24 and 10-6-33.25, was properly made in arriving at the assessments of the agricultural land and therefore no change shall be authorized. Structure values sales and comparables support the assessment. Motion Carried. Absent-Thompson.

ELLERMAN, ROY & MARY ETAL 19000-00601-012-00 T-006 R-01 LOTS 3-4 - S1/2 NW1/4 Moved-Seconded ( Douglas - Seward ) No change in structure value. No change in land value. Motion Carried. Absent-Thompson. Remarks: To uphold the assessed value of AG-A as determined by the Lawrence County Director of Equalization in that the application of the provisions of SDCL Ch. 10-6, specifically 10-6-33.24 and 10-6-33.25, was properly made in arriving at the assessments of the agricultural land and therefore no change shall be authorized. Structure values sales and comparables support the assessment. Motion Carried. Absent- Thompson.

FIERRO, LOUISE E & LAWRENCE A 28500-00703-262-00 SOUTH HALF - ST. ONGE SW1/4 NE1/4 EX RW - SE1/4 NW1/4 EX LOT AC-1 & AC-2 - NW1/4 SE1/4 - NE1/4 SW1/4 EX LOT AC-3 & EX GATE WAY CEMETERY, & EX. A 3 ACRE TRACT IN THE NORTHWESTERLY CORNER Moved-Seconded ( Douglas - Seward ) No change in structure value. No change in land value. Motion Carried. Absent-Thompson. Remarks: To uphold the assessed value of AG-A as determined by the Lawrence County Director of Equalization in that the application of the provisions of SDCL Ch. 10-6, specifically 10-6-33.24 and 10-6-33.25, was properly made in arriving at the assessments of the agricultural land and therefore no change shall be authorized. Structure values sales and comparables support the assessment. Motion Carried. Absent-Thompson.

FRANKE, DONNA REHORST, BEULAH (LIFE EST) 21000-00603-023-10 T-006 R-03 NE1/4 SW1/4-S1/2 SW1/4 Moved-Seconded ( Douglas - Seward ) No change in structure value. No change in land value. Motion Carried. Absent-Thompson. Remarks: To uphold the assessed value of AG-A as determined by the Lawrence County Director of Equalization in that the application of the provisions of SDCL Ch. 10-6, specifically 10-6-33.24 and 10-6-33.25, was properly made in arriving at the assessments of the agricultural land and therefore no change shall be authorized. Structure values sales and comparables support the assessment. Motion Carried. Absent-Thompson.

GRANT, CATHERINE A 25000-00704-111-00 T-007 R-04 NE1/4, NW1/4, SW1/4, SE1/4 Moved-Seconded ( Douglas - Seward ) No change in structure value. No change in land value. Motion Carried. Absent-Thompson. Remarks: To uphold the assessed value of AG-A as determined by the Lawrence County Director of Equalization in that the application of the provisions of SDCL Ch. 10-6, specifically 10-6-33.24 and 10-6-33.25, was properly made in arriving at the assessments of the agricultural land and therefore no change shall be authorized. Structure values sales and comparables support the assessment. Motion Carried. Absent- Thompson.

GRANT, CATHERINE A 25000-00704-122-00 T-007 R-04 NW1/4 Moved-Seconded ( Douglas - Seward ) No change in structure value. No change in land value. Motion Carried. Absent-Thompson. Remarks: To uphold the assessed value of AG-A as determined by the Lawrence County Director of Equalization in that the application of the provisions of SDCL Ch. 10-6, specifically 10-6-33.24 and 10-6-33.25, was properly made in arriving at the assessments of the agricultural land and therefore no change shall be authorized. Structure values sales and comparables support the assessment. Motion Carried. Absent-Thompson.

HEFNER, TWYLA C/O HEFNER RANCH (CD) 22000-00604-254-10 T-006 R-04 W1/2 NE1/4-NE1/4 NE1/4-SW1/4 SE1/4 Moved-Seconded ( Douglas - Seward ) No change in structure value. No change in land value. Motion Carried. Absent-Thompson. Remarks: To uphold the assessed value of AG-A as determined by the Lawrence County Director of Equalization in that the application of the provisions of SDCL Ch. 10-6, specifically 10-6-33.24 and 10-6-33.25, was properly made in arriving at the assessments of the agricultural land and therefore no change shall be authorized. Structure values sales and comparables support the assessment. Motion Carried. Absent-Thompson.

HEFNER, TWYLA C/O HEFNER RANCH (CD) 22000-00604-252-20 T-006 R-04 NW1/4NW1/4,NE1/4 NW1/4, SE1/4 NW1/4 EX TRACT A Moved-Seconded ( Douglas - Seward ) No change in structure value. No change in land value. Motion Carried. Absent- Thompson. Remarks: To uphold the assessed value of AG-A as determined by the Lawrence County Director of Equalization in that the application of the provisions of SDCL Ch. 10-6, specifically 10-6-33.24 and 10-6-33.25, was properly made in arriving at the assessments of the agricultural land and therefore no change shall be authorized. Structure values sales and comparables support the assessment. Motion Carried. Absent-Thompson.

HILL, MICHAEL K & SUSAN I 14000-00404-260-10 T-004 R-04 TRACT 1 OF HES 91 Moved-Seconded ( Douglas - Seward ) No change in structure value. No change in land value. Motion Carried. Absent-Thompson. Remarks: To uphold the assessed value of AG-A as determined by the Lawrence County Director of Equalization in that the application of the provisions of SDCL Ch. 10-6, specifically 10-6-33.24 and 10-6-33.25, was properly made in arriving at the assessments of the agricultural land and therefore no change shall be authorized. Structure values sales and comparables support the assessment. Motion Carried. Absent- Thompson.

HILL, MICHAEL K & SUSAN I 14000-00404-260-00 T-004 R-04 HES 91 EX TRACT Moved-Seconded ( Douglas - Seward ) No change in structure value. No change in land value. Motion Carried. Absent-Thompson. Remarks: To uphold the assessed value of AG-A as determined by the Lawrence County Director of Equalization in that the application of the provisions of SDCL Ch. 10-6, specifically 10-6-33.24 and 10-6-33.25, was properly made in arriving at the assessments of the agricultural land and therefore no change shall be authorized. Structure values sales and comparables support the assessment. Motion Carried. Absent- Thompson. 1(5.06AC)

HURM, DONALD KEITH 28500-00703-353-00 SOUTH HALF - ST. ONGE SE1/4-E1/2 SW1/4 EX .06A 35-7-3 Moved-Seconded ( Douglas - Seward ) No change in structure value. No change in land value. Motion Carried. Absent-Thompson. Remarks: To uphold the assessed value of AG-A as determined by the Lawrence County Director of Equalization in that the application of the provisions of SDCL Ch. 10-6, specifically 10-6-33.24 and 10-6-33.25, was properly made in arriving at the assessments of the agricultural land and therefore no change shall be authorized. Structure values sales and comparables support the assessment. Motion Carried. Absent-Thompson.

IRON CREEK LLC GLORIA SLEEP STEELE 26460-01193-000-10 MINERAL 1159 THRU 1206 M.S. 1193 KILDONAN ETAL EX GOV. PT (IRON CREEK LAKE CRT) Moved- Seconded ( Douglas - Seward ) No change in structure value. No change in land value. Motion Carried. Absent-Thompson. Remarks: To uphold the assessed value of AG-A as determined by the Lawrence County Director of Equalization in that the application of the provisions of SDCL Ch. 10-6, specifically 10-6-33.24 and 10-6-33.25, was properly made in arriving at the assessments of the agricultural land and therefore no change shall be authorized. Structure values sales and comparables support the assessment. Motion Carried. Absent-Thompson.

JOHNSON, EDWIN L & JEAN R TRUSTEES JOHNSON FAMILY LIVING TR 23000- 00701-234-60 T-007 R-01 LOT 1(15.36) & 2(3.65) SUB OF NW1/4 SE1/4 Moved-Seconded ( Douglas - Seward ) No change in structure value. No change in land value. Motion Carried. Absent-Thompson. Remarks: To uphold the assessed value of AG-A as determined by the Lawrence County Director of Equalization in that the application of the provisions of SDCL Ch. 10-6, specifically 10-6-33.24 and 10-6-33.25, was properly made in arriving at the assessments of the agricultural land and therefore no change shall be authorized. Structure values sales and comparables support the assessment. Motion Carried. Absent-Thompson.

JOHNSON, EDWIN L & JEAN R TRUSTEES JOHNSON FAMILY LIVING TR 08000- 00303-161-00 T-003 R-03 E1/2 SE1/4-SE1/4 NE1/4 & TR 0089 OF E1/2 SEC. 16 Moved- Seconded ( Douglas - Seward ) No change in structure value. No change in land value. Motion Carried. Absent-Thompson. Remarks: To uphold the assessed value of AG-A as determined by the Lawrence County Director of Equalization in that the application of the provisions of SDCL Ch. 10-6, specifically 10-6-33.24 and 10-6-33.25, was properly made in arriving at the assessments of the agricultural land and therefore no change shall be authorized. Structure values sales and comparables support the assessment. Motion Carried. Absent-Thompson.

JOHNSON, ROBERT W TRUST & JOAN M UNIFIED CREDIT TRUST ETAL 22000- 00604-104-10 T-006 R-04 SW1/4 SE1/4 Moved-Seconded ( Douglas - Seward ) No change in structure value. No change in land value. Motion Carried. Absent-Thompson. Remarks: To uphold the assessed value of AG-A as determined by the Lawrence County Director of Equalization in that the application of the provisions of SDCL Ch. 10-6, specifically 10-6-33.24 and 10-6-33.25, was properly made in arriving at the assessments of the agricultural land and therefore no change shall be authorized. Structure values sales and comparables support the assessment. Motion Carried. Absent-Thompson.

JOHNSON, ROBERT W TRUST & JOAN M UNIFIED CREDIT TRUST ETAL 22000- 00604-152-10 T-006 R-04 NW1/4 NE1/4 EX 5 ACRES-NE1/4NW1/4-N1/2SW1/4NW1/4-N W1/4NW1/4 Moved-Seconded ( Douglas - Seward ) No change in structure value. No change in land value. Motion Carried. Absent-Thompson. Remarks: To uphold the assessed value of AG-A as determined by the Lawrence County Director of Equalization in that the application of the provisions of SDCL Ch. 10-6, specifically 10-6-33.24 and 10-6-33.25, was properly made in arriving at the assessments of the agricultural land and therefore no change shall be authorized. Structure values sales and comparables support the assessment. Motion Carried. Absent- Thompson.

KINGHORN, JULIA J 21000-00603-023-20 T-006 R-03 LOT 3 - S1/2 NW1/4-NW1/4 SW1/4 Moved-Seconded ( Douglas - Seward ) No change in structure value. No change in land value. Motion Carried. Absent-Thompson. Remarks: To uphold the assessed value of AG-A as determined by the Lawrence County Director of Equalization in that the application of the provisions of SDCL Ch. 10-6, specifically 10-6-33.24 and 10-6-33.25, was properly made in arriving at the assessments of the agricultural land and therefore no change shall be authorized. Structure values sales and comparables support the assessment. Motion Carried. Absent- Thompson.

KINGHORN, RAYMOND & JULIA J SHEILA MAE KINGHORN 28500-00703-353-70 SOUTH HALF - ST. ONGE W1/2 SW1/4 35-7-3 Moved-Seconded ( Douglas - Seward ) No change in structure value. No change in land value. Motion Carried. Absent-Thompson. Remarks: To uphold the assessed value of AG-A as determined by the Lawrence County Director of Equalization in that the application of the provisions of SDCL Ch. 10-6, specifically 10-6-33.24 and 10-6-33.25, was properly made in arriving at the assessments of the agricultural land and therefore no change shall be authorized. Structure values sales and comparables support the assessment. Motion Carried. Absent-Thompson.

LONE MOUNTAIN FAMILY LIMITED PARTNERSHIP 28500-00703-214-00 SOUTH HALF - ST. ONGE E1/2 NE1/4 EX 2.73A TO STATE & EX THAT POR. LYING N. OF HWY 34~- N1/2 SW1/4- N1/2 SE1/4 EX RW 21-7-3 Moved-Seconded ( Douglas - Seward ) No change in structure value. No change in land value. Motion Carried. Absent-Thompson. Remarks: To uphold the assessed value of AG-A as determined by the Lawrence County Director of Equalization in that the application of the provisions of SDCL Ch. 10-6, specifically 10-6-33.24 and 10-6-33.25, was properly made in arriving at the assessments of the agricultural land and therefore no change shall be authorized. Structure values sales and comparables support the assessment. Motion Carried. Absent-Thompson.

MARRS, DANIEL J 25000-00704-331-00 T-007 R-04 NE1/4 Moved-Seconded ( Douglas - Seward ) No change in structure value. No change in land value. Motion Carried. Absent- Thompson. Remarks: To uphold the assessed value of AG-A as determined by the Lawrence County Director of Equalization in that the application of the provisions of SDCL Ch. 10-6, specifically 10-6-33.24 and 10-6-33.25, was properly made in arriving at the assessments of the agricultural land and therefore no change shall be authorized. Structure values sales and comparables support the assessment. Motion Carried. Absent-Thompson.

MARRS, DANIEL J 25000-00704-342-40 T-007 R-04 SW1/4-S1/2 NW1/4 Moved-Seconded ( Douglas - Seward ) No change in structure value. No change in land value. Motion Carried. Absent-Thompson. Remarks: To uphold the assessed value of AG-A as determined by the Lawrence County Director of Equalization in that the application of the provisions of SDCL Ch. 10-6, specifically 10-6-33.24 and 10-6-33.25, was properly made in arriving at the assessments of the agricultural land and therefore no change shall be authorized. Structure values sales and comparables support the assessment. Motion Carried. Absent-Thompson.

MARRS, DANIEL J 25000-00704-334-50 T-007 R-04 E1/2 SE1/4 Moved-Seconded ( Douglas - Seward ) No change in structure value. No change in land value. Motion Carried. Absent- Thompson. Remarks: To uphold the assessed value of AG-A as determined by the Lawrence County Director of Equalization in that the application of the provisions of SDCL Ch. 10-6, specifically 10-6-33.24 and 10-6-33.25, was properly made in arriving at the assessments of the agricultural land and therefore no change shall be authorized. Structure values sales and comparables support the assessment. Motion Carried. Absent-Thompson.

NICHOLAS, CHARLES & SALLIE J NICHOLAS, VERLA J & CHARLES V 19000- 00601-081-10 T-006 R-01 TRACT A SE1/4 NE1/4 Moved-Seconded ( Douglas - Seward ) No change in structure value. No change in land value. Motion Carried. Absent-Thompson. Remarks: To uphold the assessed value of AG-A as determined by the Lawrence County Director of Equalization in that the application of the provisions of SDCL Ch. 10-6, specifically 10-6-33.24 and 10-6-33.25, was properly made in arriving at the assessments of the agricultural land and therefore no change shall be authorized. Structure values sales and comparables support the assessment. Motion Carried. Absent-Thompson.

NICHOLAS, CHARLES W & SALLIE J 19000-00601-081-00 T-006 R-01 SE1/4 NE1/4 EX TR A - W1/2 NE1/4 Moved-Seconded ( Douglas - Seward ) No change in structure value. No change in land value. Motion Carried. Absent-Thompson. Remarks: To uphold the assessed value of AG-A as determined by the Lawrence County Director of Equalization in that the application of the provisions of SDCL Ch. 10-6, specifically 10-6-33.24 and 10-6-33.25, was properly made in arriving at the assessments of the agricultural land and therefore no change shall be authorized. Structure values sales and comparables support the assessment. Motion Carried. Absent-Thompson.

NICHOLAS, CHARLES W & SALLIE J 19000-00601-082-10 T-006 R-01 N1/2 NW1/4 Moved-Seconded ( Douglas - Seward ) No change in structure value. No change in land value. Motion Carried. Absent-Thompson. Remarks: To uphold the assessed value of AG-A as determined by the Lawrence County Director of Equalization in that the application of the provisions of SDCL Ch. 10-6, specifically 10-6-33.24 and 10-6-33.25, was properly made in arriving at the assessments of the agricultural land and therefore no change shall be authorized. Structure values sales and comparables support the assessment. Motion Carried. Absent- Thompson.

NICHOLAS, CHARLES W ETUX 19000-00601-082-00 T-006 R-01 TRACT A OF SW1/4 NW1/4 Moved-Seconded ( Douglas - Seward ) No change in structure value. No change in land value. Motion Carried. Absent-Thompson. Remarks: To uphold the assessed value of AG-A as determined by the Lawrence County Director of Equalization in that the application of the provisions of SDCL Ch. 10-6, specifically 10-6-33.24 and 10-6-33.25, was properly made in arriving at the assessments of the agricultural land and therefore no change shall be authorized. Structure values sales and comparables support the assessment. Motion Carried. Absent- Thompson.

NICHOLAS, DARRELL C & JOANNE 23000-00701-322-10 T-007 R-01 N1/2 NE1/4-N1/2 NW1/4 Moved-Seconded ( Douglas - Seward ) No change in structure value. No change in land value. Motion Carried. Absent-Thompson. Remarks: To uphold the assessed value of AG-A as determined by the Lawrence County Director of Equalization in that the application of the provisions of SDCL Ch. 10-6, specifically 10-6-33.24 and 10-6-33.25, was properly made in arriving at the assessments of the agricultural land and therefore no change shall be authorized. Structure values sales and comparables support the assessment. Motion Carried. Absent- Thompson.

NICHOLAS, DARRELL C & JOANNE NICHOLAS, GLEN A & CONNIE 19000-00601- 094-00 T-006 R-01 E1/2 SE1/4 Moved-Seconded ( Douglas - Seward ) No change in structure value. No change in land value. Motion Carried. Absent-Thompson. Remarks: To uphold the assessed value of AG-A as determined by the Lawrence County Director of Equalization in that the application of the provisions of SDCL Ch. 10-6, specifically 10-6-33.24 and 10-6-33.25, was properly made in arriving at the assessments of the agricultural land and therefore no change shall be authorized. Structure values sales and comparables support the assessment. Motion Carried. Absent-Thompson.

ORME, LEO E 20000-00602-011-00 T-006 R-02 LOT 2A-1 SUB OF SE1/4 NW1/4 Moved- Seconded ( Douglas - Seward ) No change in structure value. No change in land value. Motion Carried. Absent-Thompson. Remarks: To uphold the assessed value of AG-A as determined by the Lawrence County Director of Equalization in that the application of the provisions of SDCL Ch. 10-6, specifically 10-6-33.24 and 10-6-33.25, was properly made in arriving at the assessments of the agricultural land and therefore no change shall be authorized. Structure values sales and comparables support the assessment. Motion Carried. Absent-Thompson.

REDDICK, DUANE A & ELLEN I LIVING TRUST 28500-00703-352-00 SOUTH HALF - ST. ONGE W1/2 NW1/4 35-7-3 Moved-Seconded ( Douglas - Seward ) No change in structure value. No change in land value. Motion Carried. Absent-Thompson. Remarks: To uphold the assessed value of AG-A as determined by the Lawrence County Director of Equalization in that the application of the provisions of SDCL Ch. 10-6, specifically 10-6-33.24 and 10-6-33.25, was properly made in arriving at the assessments of the agricultural land and therefore no change shall be authorized. Structure values sales and comparables support the assessment. Motion Carried. Absent-Thompson.

REDDICK, DUANE A & ELLEN I LIVING TRUST 28500-00703-234-00 SOUTH HALF - ST. ONGE SW1/4 NE1/4-SE1/4 NW1/4-NE1/4 SW1/4-NW1/4 SE1/4 23-7-3 Moved-Seconded ( Douglas - Seward ) No change in structure value. No change in land value. Motion Carried. Absent-Thompson. Remarks: To uphold the assessed value of AG-A as determined by the Lawrence County Director of Equalization in that the application of the provisions of SDCL Ch. 10-6, specifically 10-6-33.24 and 10-6-33.25, was properly made in arriving at the assessments of the agricultural land and therefore no change shall be authorized. Structure values sales and comparables support the assessment. Motion Carried. Absent-Thompson.

REDDICK, DUANE & ELLEN 28500-00703-352-01 SOUTH HALF - ST. ONGE MH SITS ON W1/2 NW1/2 35-7-3 Moved-Seconded ( Douglas - Seward ) No change in structure value. No change in land value. Motion Carried. Absent-Thompson. Remarks: To uphold the assessed value of AG-A as determined by the Lawrence County Director of Equalization in that the application of the provisions of SDCL Ch. 10-6, specifically 10-6-33.24 and 10-6-33.25, was properly made in arriving at the assessments of the agricultural land and therefore no change shall be authorized. Structure values sales and comparables support the assessment. Motion Carried. Absent-Thompson.

RIDLEY, ANDREW G 25000-00704-324-00 T-007 R-04 E1/2 SE1/4 Moved-Seconded ( Douglas - Seward ) No change in structure value. No change in land value. Motion Carried. Absent-Thompson. Remarks: To uphold the assessed value of AG-A as determined by the Lawrence County Director of Equalization in that the application of the provisions of SDCL Ch. 10-6, specifically 10-6-33.24 and 10-6-33.25, was properly made in arriving at the assessments of the agricultural land and therefore no change shall be authorized. Structure values sales and comparables support the assessment. Motion Carried. Absent-Thompson.

RIDLEY, KIMMIE D 21000-00603-011-20 T-006 R-03 N1/2 SE1/4 - SW1/4 NE1/4 Moved- Seconded ( Douglas - Seward ) No change in structure value. No change in land value. Motion Carried. Absent-Thompson. Remarks: To uphold the assessed value of AG-A as determined by the Lawrence County Director of Equalization in that the application of the provisions of SDCL Ch. 10-6, specifically 10-6-33.24 and 10-6-33.25, was properly made in arriving at the assessments of the agricultural land and therefore no change shall be authorized. Structure values sales and comparables support the assessment. Motion Carried. Absent-Thompson.

RIDLEY, ROSELYN L 28500-00703-343-20 SOUTH HALF - ST. ONGE S1/2 SW1/4 Moved-Seconded ( Douglas - Seward ) No change in structure value. No change in land value. Motion Carried. Absent-Thompson. Remarks: To uphold the assessed value of AG-A as determined by the Lawrence County Director of Equalization in that the application of the provisions of SDCL Ch. 10-6, specifically 10-6-33.24 and 10-6-33.25, was properly made in arriving at the assessments of the agricultural land and therefore no change shall be authorized. Structure values sales and comparables support the assessment. Motion Carried. Absent- Thompson.

RIDLEY, WANDA A & CLINTON M & TEE M RIDLEY 21000-00603-041-10 T-006 R-03 GOV. LOTS 1-2 & 4, & S1/2 NW1/4, & SW1/4 NE1/4 Moved-Seconded ( Douglas - Seward ) No change in structure value. No change in land value. Motion Carried. Absent-Thompson. Remarks: To uphold the assessed value of AG-A as determined by the Lawrence County Director of Equalization in that the application of the provisions of SDCL Ch. 10-6, specifically 10-6-33.24 and 10-6-33.25, was properly made in arriving at the assessments of the agricultural land and therefore no change shall be authorized. Structure values sales and comparables support the assessment. Motion Carried. Absent-Thompson.

RIDLEY-ROBERTS, WANDA A 21000-00603-042-10 T-006 R-03 GOV. LOT 3 Moved- Seconded ( Douglas - Seward ) No change in structure value. No change in land value. Motion Carried. Absent-Thompson. Remarks: To uphold the assessed value of AG-A as determined by the Lawrence County Director of Equalization in that the application of the provisions of SDCL Ch. 10-6, specifically 10-6-33.24 and 10-6-33.25, was properly made in arriving at the assessments of the agricultural land and therefore no change shall be authorized. Structure values sales and comparables support the assessment. Motion Carried. Absent-Thompson.

SLEEP LAND & LIVESTOCK LLC GLORIA SLEEP STEELE 23000-00701-234-10 T- 007 R-01 S1/2 SW1/4-NE1/4 SW1/4-SW1/4 SE1/4 Moved-Seconded ( Douglas - Seward ) No change in structure value. No change in land value. Motion Carried. Absent-Thompson. Remarks: To uphold the assessed value of AG-A as determined by the Lawrence County Director of Equalization in that the application of the provisions of SDCL Ch. 10-6, specifically 10-6-33.24 and 10-6-33.25, was properly made in arriving at the assessments of the agricultural land and therefore no change shall be authorized. Structure values sales and comparables support the assessment. Motion Carried. Absent-Thompson.

SLEEP, RICHARD 24000-00702-191-00 T-007 R-02 E1/2 NW1/4-W1/2 NE1/4 Moved- Seconded ( Douglas - Seward ) No change in structure value. No change in land value. Motion Carried. Absent-Thompson. Remarks: To uphold the assessed value of AG-A as determined by the Lawrence County Director of Equalization in that the application of the provisions of SDCL Ch. 10-6, specifically 10-6-33.24 and 10-6-33.25, was properly made in arriving at the assessments of the agricultural land and therefore no change shall be authorized. Structure values sales and comparables support the assessment. Motion Carried. Absent-Thompson.

SLEEP, RICHARD D & KAREN E 26880-02051-000-10 MINERAL 1995 THRU 2079 M.S. 2051 GRACE, PAUL & CONRAD LODES Moved-Seconded ( Douglas - Seward ) No change in structure value. No change in land value. Motion Carried. Absent-Thompson. Remarks: To uphold the assessed value of AG-A as determined by the Lawrence County Director of Equalization in that the application of the provisions of SDCL Ch. 10-6, specifically 10-6-33.24 and 10-6-33.25, was properly made in arriving at the assessments of the agricultural land and therefore no change shall be authorized. Structure values sales and comparables support the assessment. Motion Carried. Absent-Thompson.

SLEEP, RICHARD D & KAREN E ETAL & GLORIA SLEEP STEELE 19000-00601-081- 75 T-006 R-01 NE1/4 NE1/4 Moved-Seconded ( Douglas - Seward ) No change in structure value. No change in land value. Motion Carried. Absent-Thompson. Remarks: To uphold the assessed value of AG-A as determined by the Lawrence County Director of Equalization in that the application of the provisions of SDCL Ch. 10-6, specifically 10-6-33.24 and 10-6-33.25, was properly made in arriving at the assessments of the agricultural land and therefore no change shall be authorized. Structure values sales and comparables support the assessment. Motion Carried. Absent-Thompson.

SLEEP, RICHARD & KAREN E TRUSTEES 23000-00701-271-20 T-007 R-01 LOTS A & B IN NE1/4 NE1/4 Moved-Seconded ( Douglas - Seward ) No change in land value. Motion Carried. Absent-Thompson. Remarks: To uphold the assessed value of AG-A as determined by the Lawrence County Director of Equalization in that the application of the provisions of SDCL Ch. 10-6, specifically 10-6-33.24 and 10-6-33.25, was properly made in arriving at the assessments of the agricultural land and therefore no change shall be authorized. Motion Carried. Absent-Thompson.

TETRAULT, TIMOTHY W & ROXIE 28500-00703-264-00 SOUTH HALF - ST. ONGE E1/2 SE1/4 (EX 8.76A HW & RW PLAT BK.3 PG.571 & (EX SE4SE4SE4SE4)) - SW1/4 SE1/4 26-7-3 Moved-Seconded ( Douglas - Seward ) No change in structure value. No change in land value. Motion Carried. Absent-Thompson. Remarks: To uphold the assessed value of AG-A as determined by the Lawrence County Director of Equalization in that the application of the provisions of SDCL Ch. 10-6, specifically 10-6-33.24 and 10-6-33.25, was properly made in arriving at the assessments of the agricultural land and therefore no change shall be authorized. Structure values sales and comparables support the assessment. Motion Carried. Absent- Thompson.

VINCENT, HELEN W C/O LONE MT FAMILY PTNSHP (CD) 24000-00702-141-10 T- 007 R-02 NE1/4 Moved-Seconded ( Douglas - Seward ) No change in structure value. No change in land value. Motion Carried. Absent-Thompson. Remarks: To uphold the assessed value of AG-A as determined by the Lawrence County Director of Equalization in that the application of the provisions of SDCL Ch. 10-6, specifically 10-6-33.24 and 10-6-33.25, was properly made in arriving at the assessments of the agricultural land and therefore no change shall be authorized. Structure values sales and comparables support the assessment. Motion Carried. Absent-Thompson.

WATERSON, GEORGE E ETUX 25000-00704-312-00 T-007 R-04 LOTS 1-2 & E1/2 NW1/4 Moved-Seconded ( Douglas - Seward ) No change in structure value. No change in land value. Motion Carried. Absent-Thompson. Remarks: To uphold the assessed value of AG-A as determined by the Lawrence County Director of Equalization in that the application of the provisions of SDCL Ch. 10-6, specifically 10-6-33.24 and 10-6-33.25, was properly made in arriving at the assessments of the agricultural land and therefore no change shall be authorized. Structure values sales and comparables support the assessment. Motion Carried. Absent- Thompson.

WELKE, GARY L 06000-00301-190-00 T-003 R-01 HES 492 & HES 101 Moved-Seconded ( Douglas - Seward ) No change in structure value. No change in land value. Motion Carried. Absent-Thompson. Remarks: To uphold the assessed value of AG-A as determined by the Lawrence County Director of Equalization in that the application of the provisions of SDCL Ch. 10-6, specifically 10-6-33.24 and 10-6-33.25, was properly made in arriving at the assessments of the agricultural land and therefore no change shall be authorized. Structure values sales and comparables support the assessment. Motion Carried. Absent-Thompson.

ZUERCHER, LOIS JEAN 24000-00702-354-60 T-007 R-02 SE1/4 EXCEPT TRACT A Moved-Seconded ( Douglas - Seward ) No change in structure value. No change in land value. Motion Carried. Absent-Thompson. Remarks: To uphold the assessed value of AG-A as determined by the Lawrence County Director of Equalization in that the application of the provisions of SDCL Ch. 10-6, specifically 10-6-33.24 and 10-6-33.25, was properly made in arriving at the assessments of the agricultural land and therefore no change shall be authorized. Structure values sales and comparables support the assessment. Motion Carried. Absent- Thompson.

#0001 FRAWLEY, HENRY J & MARY (MOLLY) 21000-00603-224-10 T-006 R-03 S1/2 SE1/4 Moved-Seconded ( Douglas - Seward ) No change in land value. Motion Carried. Absent-Thompson. Remarks: To uphold the assessed value of AG-A as determined by the Lawrence County Director of Equalization in that the application of the provisions of SDCL Ch. 10-6, specifically 10-6-33.24 and 10-6-33.25, was properly made in arriving at the assessments of the agricultural land and therefore no change shall be authorized. Motion Carried. Absent- Thompson.

#0007 JENSEN, CLIFFORD A & LONNA B 25000-00704-314-00 T-007 R-04 SE1/4 LESS TR 1 OF SE1/4 SE1/4 Moved-Seconded ( Douglas - Seward ) No change in land value. Motion Carried. Absent-Thompson. Remarks: To uphold the assessed value of AG-A as determined by the Lawrence County Director of Equalization in that the application of the provisions of SDCL Ch. 10-6, specifically 10-6-33.24 and 10-6-33.25, was properly made in arriving at the assessments of the agricultural land and therefore no change shall be authorized. Motion Carried. Absent-Thompson.

#0010 A & G JENSEN LAND LLC 22000-00604-053-20 T-006 R-04 S1/2 SW1/4-NW1/4 SW1/4 Moved-Seconded ( Douglas - Seward ) No change in land value. Motion Carried. Absent- Thompson. Remarks: To uphold the assessed value of AG-A as determined by the Lawrence County Director of Equalization in that the application of the provisions of SDCL Ch. 10-6, specifically 10-6-33.24 and 10-6-33.25, was properly made in arriving at the assessments of the agricultural land and therefore no change shall be authorized. Motion Carried. Absent- Thompson.

#0012 A & G JENSEN LAND LLC 25000-00704-293-00 T-007 R-04 E1/2 SW1/4 Moved- Seconded ( Douglas - Seward ) No change in land value. Motion Carried. Absent-Thompson. Remarks: To uphold the assessed value of AG-A as determined by the Lawrence County Director of Equalization in that the application of the provisions of SDCL Ch. 10-6, specifically 10-6-33.24 and 10-6-33.25, was properly made in arriving at the assessments of the agricultural land and therefore no change shall be authorized. Motion Carried. Absent-Thompson.

#0021 A & G JENSEN LAND LLC 25000-00704-324-40 T-007 R-04 S1/2 NE1/4-W1/2 SE1/4 Moved-Seconded ( Douglas - Seward ) No change in land value. Motion Carried. Absent- Thompson. Remarks: To uphold the assessed value of AG-A as determined by the Lawrence County Director of Equalization in that the application of the provisions of SDCL Ch. 10-6, specifically 10-6-33.24 and 10-6-33.25, was properly made in arriving at the assessments of the agricultural land and therefore no change shall be authorized. Motion Carried. Absent- Thompson.

#0043 RAHJA, ROBERT A 22000-00604-081-10 T-006 R-04 N1/2 NE1/4 Moved-Seconded ( Douglas - Seward ) No change in land value. Motion Carried. Absent-Thompson. Remarks: To uphold the assessed value of AG-A as determined by the Lawrence County Director of Equalization in that the application of the provisions of SDCL Ch. 10-6, specifically 10-6-33.24 and 10-6-33.25, was properly made in arriving at the assessments of the agricultural land and therefore no change shall be authorized. Motion Carried. Absent-Thompson.

#0050 AUER, LESLIE O ETUX 22000-00604-302-23 T-006 R-04 LOT 3 NW1/4 SW1/4 Moved-Seconded ( Douglas - Seward ) No change in land value. Motion Carried. Absent- Thompson. Remarks: To uphold the assessed value of AG-A as determined by the Lawrence County Director of Equalization in that the application of the provisions of SDCL Ch. 10-6, specifically 10-6-33.24 and 10-6-33.25, was properly made in arriving at the assessments of the agricultural land and therefore no change shall be authorized. Motion Carried. Absent- Thompson.

#0051 AUER, LESLIE O ETUX 22000-00604-312-10 T-006 R-04 GOV'T LOTS 1 & 2 INCLUDING LOT A Moved-Seconded ( Douglas - Seward ) No change in land value. Motion Carried. Absent-Thompson. Remarks: To uphold the assessed value of AG-A as determined by the Lawrence County Director of Equalization in that the application of the provisions of SDCL Ch. 10-6, specifically 10-6-33.24 and 10-6-33.25, was properly made in arriving at the assessments of the agricultural land and therefore no change shall be authorized. Motion Carried. Absent-Thompson.

11:46 a.m. April 9, 2008 the Board of Equalization recessed until 11:00 a.m. on April 22, 2008.

11:00 a.m. April 22, 2008 the County Board of Equalization reconvened with Terry Weisenberg, Bob Ewing, and Tommy Thompson present. Connie Douglas and James Seward were absent.

Date: 04/22/2008 #0041 INGALLS, DALE ETAL C/O CONRAD, RONALD ETAL(CD) 26760-01791-000-00 MINERAL 1765 THRU 1887 M.S. 1791 SAN ANTONIO, YORK, RIVER, PO, CAMEO ETAL Moved-Seconded ( Weisenberg-Thompson ) Change land value from $220,080 to $24,460 Change abstract class from NA to AG. Motion Carried: Absent: ( Douglas & Seward ) Remarks: Granted AG status because proof of production was received.

#0500 FAGERNESS, THEODORE & SONYA D 24100-00702-280-18 BROOKVIEW ACRES LOT 10 Moved-Seconded ( Weisenberg - Ewing ) No change in land value. Change structure value from $18,190 to $1,500 Motion Carried: Absent: ( Douglas & Seward ) Remarks: The manufactured structure on this property has been removed.

ADJOURN: Being no further appeals to be heard Moved-Seconded (Weisenberg-Thompson) to adjourn the 2008 Board of Equalization at 11:03 a.m. the 22 nd day of April 2008.

______DATE

ATTEST: ______TERRY W. WEISENBERG, Chairperson ______CONNIE ATKINSON, Auditor

LAWRENCE COUNTY CONSOLIDATED BOARD OF EQUALIZATION April 10th & 16 th , 2008

The Lawrence County Consolidated Board of Equalization was called to order at 8:30 a.m. on Thursday, April 10, 2008, with the following members present: Terry Weisenberg, Bob Ewing, Thomas Thompson, Greg King (Lead/Deadwood School). Dave Morris (City of Lead) arrived at 9:00 a.m. Morris and Ewing left at 9.15 a.m. and Francis Toscana (City of Deadwood) arrived at 1:15 pm.

All motions were passed by unanimous vote, by all members present, unless stated otherwise.

The 2008 Consolidated Board of Equalization Oath was signed.

LEAD CITY APPEALS

#0122 MATT, DONALD E & TERESA L 31090-03200-040-10 ORIGINAL TOWN LEAD 4B OF LOT 4 BLK 32 Donald Matt asked that his appeal be withdrawn.

#0123 HARTY, ALBERT & RYETT 31090-00900-130-10 ORIGINAL TOWN LEAD 42X50' OF LOT 13 BLK 9 Moved-Seconded (Weisenberg-Ewing) No change in land value. Change structure value from $51,750 to $50,310 Motion Carried: Absent: (Morris) Remarks: A review of the property indicated a correction is necessary for the basement. This recommendation equalizes the structure with other similar properties in the neighborhood.

#0124 HOMESTAKE MINING CO OF CALIF C/O JAMIE JETER - BARRICK GOLD 31930-00247-000-00 MINERAL – LEAD M.S. 247 PT BELL Moved-Seconded (Ewing- Weisenberg) Change land value from $850 to $0 Motion Carried: Absent: (Morris) Remarks: We are deleting this parcel number from our system as the underlining mineral survey 247 has been deeded in document #2006-03420 to 615 mill street and 617 mill street.

#0125 SHAMA, TIMOTHY E 31870-00400-110-00 WASHINGTON S/D LEAD E PT LOT 11 BLK 4 Moved-Seconded (Weisenberg-Thompson) No change in land value. Change structure value from $59,340 to $51,730 Motion Carried: Absent: (Morris) Remarks: A review of the property indicated a correction was needed for the basement and first floor total square feet. The interior review also showed a need to lower the condition due to deterioration. This recommendation equalizes the structure with other similar properties in the neighborhood.

#0126 ALDRICH, GERALDINE 31120-00300-020-00 ARLINGTON HEIGHTS S/D LEA W 1/2 LOT 1 AND W 1/2 LOT 2 BLK 3 Moved-Seconded (Weisenberg-King) No change in land value. No change in structure value. Motion Carried: Absent: (Morris) Remarks: Sales and comparables support assessment.

#0127 FERREL, DAVID A & MARLENE A 31120-00300-040-00 ARLINGTON HEIGHTS S/D LEAD LOT 4 BLK 3 Moved-Seconded (Weisenberg-King) No change in land value. No change in structure value. Motion Carried: Absent: (Morris) Remarks: Sales and comparables support assessment.

#0128 HARTY, ALBERT LEO & RYETT K 31090-03200-020-10 ORIGINAL TOWN LEAD N PT LOT 2 BLK 32 Moved-Seconded (Weisenberg-Ewing) No change in land value. No change in structure value. Motion Carried: Absent: (Morris) Remarks: Sales and comparables support assessment.

#0129 HARTY, ALBERT L & RYETT K 31510-00200-070-00 DENVER S/D LEAD LOT 129-131 (N PT LOT 7 BLK 2)129-131 GRAND Moved-Seconded (Weisenberg- Thompson) No change in structure value. No change in land value. Motion Carried: Remarks: Sales and comparables support assessment.

#0130 SHAMA, TIMOTHY E 31870-00400-110-10 WASHINGTON S/D LEAD E PT LOT 11 BLK 4 Moved-Seconded (Weisenberg-Ewing) No change in land value. No change in structure value. Motion Carried: Remarks: Sales and comparables support assessment.

#0131 STONEBERGER, TOD C & VIRGINIA 31880-00000-000-12 WATERLAND ADDITION TRACT H Moved-Seconded (Thompson-Ewing) No change in land value. No change in structure value. Motion Carried: Remarks: Sales and comparables support assessment.

#0132 STRICKLAND, BRITT J & VICKI L 31120-00200-040-00 ARLINGTON HEIGHTS S/D LEA LOT 4 BLK 2 LESS 4A & 4B Moved-Seconded (Weisenberg-King) No change in land value. No change in structure value. Motion Carried: Remarks: Sales and comparables support assessment.

9:15 a.m. Moved-Seconded (Thompson-Toscana) To recess the Consolidated Board of Equalization until 1:00 p.m.

CENTRAL CITY APPEALS: N0 APPEALS WERE FILED.

CITY OF DEADWOOD APPEALS:

#0133 AUER, LESLIE O ETUX C/O AUER, GEORGE 30900-00694-000-20 MINERAL – DEADWOOD M.S. 694 PT. RIDGESTONE PLACER Moved-Seconded (Toscana-Weisenberg) No change in land value. Motion Carried: Absent: (Ewing) Remarks: To uphold the AG values as set by the Director of Equalization.

#0133 FORAL, FRANCY E PIKE, G MATTHEW 30025-04300-020-00 ORIGINAL TOWN DEADWOOD LOT 1 & WLY 5' OF LOT 2 BLK 43 Moved-Seconded (Thompson-Weisenberg) No change in structure value. No change in land value. Motion Carried: Absent: (Ewing) Remarks: Sales and comparables support assessment.

#0135 BRELAND, PHILIP A & GEORGETTE B OHAYON 30025-09000-020-00 ORIGINAL TOWN DEADWOOD LOT 2 BLK Q Moved-Seconded (Toscana-Thompson) No change in land value. Change structure value from $67,930 to $63,450 Motion Carried: Absent: (Ewing) Remarks: After an on-site review of the property, corrections were made to the property record.

#0136 GOLDRUSH BROADCASTING INC 30600-00200-070-00 KENNEDY & CAMERON S/D DEA LOTS 6 & 7 BLK 2 Moved-Seconded (Thompson-Weisenberg) No change in land value. Change structure value from $44,840 to $39,220 Motion Carried: Absent: (Ewing) Remarks: Changing use from office to retail.

#0137 HARTER, TODD BACA, CYNTHIA K 30900-00794-000-02 MINERAL – DEADWOOD M.S. 794 TRACT 1 A S/D OF THE PALISADE STONE PLACER Moved- Seconded (Toscana-Thompson) Change land value from $26,340 to $16,340 Motion Carried: Absent: (Ewing) Remarks: Parcel was moved to the undeveloped/rugged land neighborhood in Deadwood because of steep topography and poor access issues.

#0138 NELSON, DELMAR E & JOAN F 30900-00335-000-18 MINERAL - DEADWOOD M.S. 335 LOT 1 KEENER S/D Moved-Seconded (Weisenberg-Thompson) No change in land value. Change structure value from $314,630 to $283,170 Motion Carried: Absent: (Ewing) Remarks: After a review of the property and the sales of similar properties in Deadwood, Central City, and Lead, it was determined that his property was overbuilt for its neighborhood. Due to its large size and recent year built, it is an unusual property for the City of Deadwood. The decrease in value is based on the principle of conformity where the value of the property depends, in part, on its relationship to its surroundings.

#0139 ROBLEY, RONALD W 30175-00600-210-00 CLEVELAND HEIGHTS S/D LOTS 17 THRU 21 BLK F Moved-Seconded (Weisenberg-King) Change land value from $7,500 to $1,500 Motion Carried: Absent: (Ewing) Remarks: Adjusted the land for steep topography.

#0140 ROBLEY, RON 30025-07200-090-10 ORIGINAL TOWN DEADWOOD TRACT REAR OF LOTS 8 & 9 BLK 72 Moved-Seconded (Weisenberg-King) Change land value from $6,990 to $2,100 Motion Carried: Absent: (Ewing) Remarks: Adjusted the land for being contiguous.

#0141 ROBLEY, RON 30175-00600-250-00 CLEVELAND HEIGHTS S/D LOTS 22 THRU 25 BLK F Moved-Seconded (Weisenberg-Thompson) Change land value from $7,500 to $1,500 Motion Carried: Absent: (Ewing) Remarks: Adjusted the land for steep topography.

#0142 WAISANEN, DAVID A 30500-00800-110-00 HIGHLAND PARK S/D DEADWOO LOT 5 & PT LOT 6 & LOT 11 (EX E 20'BLK 8) Moved-Seconded (Toscana-Weisenberg) No change in land value. Change structure value from $78,840 to $63,200 Motion Carried: Absent: (Ewing) Remarks: After an on-site review of the property, corrections were made to the property record.

#0143 WAL-EAST DEVELOPMENT INC 30350-00300-150-00 FOUNTAIN CITY S/D LOT 15 BLK 3 Moved-Seconded (Toscana-Thompson) No change in land value. Change structure value from $64,330 to $8,500 Motion Carried: Absent: (Ewing) Remarks: House removed, replaced with a parking lot. The classification was changed from NA-D to NA-DC and NA-D1 to NA-DC2.

#0144 NORWEST BANK SOUTH DAKOTA C/O THOMSON PROPERTY TAX SERVICE 30025-02200-000-00 ORIGINAL TOWN DEADWOOD LOTS 1 THRU 6 & 20' ON PINE ST. & BAL LOT A EX RW BLK 22 Moved-Seconded (Weisenberg-Thompson) No change in land value. Change structure value from $831,900 to $653,640 Motion Carried: Absent: (Ewing) Remarks: The economic depreciation was lowered to equalize with non-gaming properties in Deadwood.

#0145 NORWEST BANK SD NATIONAL C/O THOMSON PROPERTY TAX SERVICES 30600-00200-240-00 KENNEDY & CAMERON S/D DEA LOTS 1-2-23 & 24 BLK 2 Moved- Seconded (Weisenberg-Thompson) Change land value from $337,500 to $168,750 No change in structure value. Motion Carried: Absent: (Ewing) Remarks: The land was adjusted to equalize with their other parcel that is contiguous.

2:05 p.m. Moved-Seconded (Thompson-Toscana) To recess the Consolidated Board of Equalization until April 16, 2008 at 9:00 a.m.

SPEARFISH CITY APPEALS The Lawrence County Board of Equalization was called to order at 9:00 a.m. on Wednesday, April 16, 2008 with the following members present: Connie Douglas, Bob Ewing, Tommy Thompson, Shawn Dardis (City Of Spearfish), School Board member absent.

All motions were passed by unanimous vote unless stated otherwise.

The consolidated Board of Equalization Oath was signed .

SPEARFISH CITY APPEALS #0146 KHAN, GHAZANFAR & UZMA 32640-00600-002-00 ROLLING HILLS ADDITION LOT 2 BLK 6 Moved-Seconded (Ewing-Thompson) No change in land value. No change in structure value. Motion Carried. Sales and comparables support the assessment.

#0147 KHAN DEVELOPMENT LLC C/O KHAN, GHAZANFAR 32202-00200-040-10 DODDS ADDN. TIF #2 LOT 4A BLK 2 Moved-Seconded (Thompson-Dardis) No change in land value. No change in structure value. Motion Carried. Aye-3 (Abstain Douglas). Sales and comparables support assessment.

#0148 HARTL, JOHN P & KASIE J 32640-00200-001-20 ROLLING HILLS ADDITION LOT R1B-1 A S/D OF REVISED LOT 1 BLK 2 Moved-Seconded (Ewing-Dardis) Change land value from $15,750 to $48,310 No change in structure value. Motion Carried. Combine parcel 32640-00200-001-24 to 32640-00200-001-20 for raise in land value.

#0149 HARTL, JOHN P & KASIE J 32640-00200-001-24 ROLLING HILLS ADDITION LOT R1B-2 A S/D OF REVISED LOT 1 BLK 2 Moved-Seconded (Thompson-Dardis) Change land value from $32,560 to $0 Motion Carried. Combine with parcel 32640-00200-001-20.

#0150 HAVENS, DANNY H & BARBARA A 32730-00000-000-15 VOORHEES ADDN LOT 2B VOORHEES SUB #1 SW1/4 SE1/4 EX(.76) ROW 19 -6-3 (MINUS .76 A. R/RW) Moved-Seconded (Ewing-Thompson) No change in land value. No change in structure value. Motion Carried. Sales and comparables support assessment.

#0151 CARTNER, DAVID LEE 32170-14200-010-73 COLORADO ESTATES LOT 7C S/D LOT 1 CONNORS ADDN Moved-Seconded (Thompson-Dardis) No change in land value. Change structure value from $168,300 to $137,490 Motion Carried. The basement in this townhouse is unfinished.

#0152 HOMES IN THE HILLS LLC 32185-01500-170-10 COUNTRYSIDE S/D LOT 17A BLK 15 Moved-Seconded (Dardis-Thompson) Change land value from $28,530 to $14,270 Motion Carried. Contiguous to and has been replatted as part of LOT 16E, BLOCK 15 COUNTRYSIDE.

#0153 MOE, LYNETTE C 32209-00603-200-00 FALSE BOTTOM ADDN. TRACT A (REVISED) OF NW1/4 NW1/4 NW1/4 Moved-Seconded (Douglas-Dardis) No change in land value. Change structure value from $297,650 to $0 Motion Carried. Per owner-building was destroyed by fire and needs to be torn down. Can not be salvaged.

#0154 MUNDT, WAYNE R & PATRICIA K MATSON, TERRY L & TERRYL M 32170- 14200-010-43 COLORADO ESTATES LOT 4C S/D OF LOT 4 Moved-Seconded (Thompson- Dardis) No change in land value. Change structure value from $152,910 to $114,370 Motion Carried. Interior inspection of this property required changes to the assessment record. The property was over assessed when compared to similar dwellings in the market.

#0155 MUNDT, WAYNE R & PATRICIA K MATSON, TERRY L & TERRYL M 32170- 14200-010-44 COLORADO ESTATES LOT 4D S/D OF LOT 4 Moved-Seconded (Douglas- Thompson) No change in land value. Change structure value from $152,910 to $120,810 Motion Carried. The property was over assessed when compared to similar dwellings in the market.

#0156 WISENER, MICHAEL W 32570-00800-030-00 RAMSDELL ADDN. SPEARFISH LOTS 1 & 2 & N 25' LOT 3 BLK 8 Moved-Seconded (Douglas-Dardis) No change in land value. Change structure value from $154,320 to $124,320 Motion Carried. Sales comparison analysis and an inspection of the subject property required a reduction of the subject's improvement value.

#0157 BROST, COREY JOHNER, ERIC 32655-01400-180-70 SANDSTONE HILLS ADDN. LOT 18G BLK 14 Moved-Seconded (Ewing-Douglas) No change in land value. Motion Carried. Sales and comparables support the assessment.

#0158 HALL, JACK & KRISTINE 32420-00300-000-40 MATTHEW ADDN. SPEARFISH LOT B-1 OF LOT 3 Moved-Seconded (Thompson-Dardis) No change in land value. No change in structure value. Motion Carried. Sales comparable.

#0159 HART, JESSE & AUTUMN 32360-00100-060-00 LOOKOUT ADDN. SPEARFISH LOT 6 BLK 1 Moved-Seconded (Ewing-Thompson) No change in land value. No change in structure value. Motion Carried. House is under construction. To review next year.

#0160 JOHNER, ERIC & KENT BROST, COREY 32655-01400-240-00 SANDSTONE HILLS ADDN. LOT 24 BLK 14 Moved-Seconded (Douglas-Ewing) No change in land value. Motion Carried. Survey was not provided.

#0161 JOHNER, ERIC & KENT BROST, COREY 32655-01400-230-00 SANDSTONE HILLS ADDN. LOT 23 BLK 14 Moved-Seconded (Douglas-Ewing) No change in land value. Motion Carried. Sales and comparables support assessment.

#0162 JOHNER, ERIC & DORCIE 32090-10000-120-00 ORIGINAL TOWN SPEARFISH N 25' OF LOT 11 & ALL LOT 12 BLK 100 Moved-Seconded (Thompson-Dardis) No change in land value. No change in structure value Motion Carried. Sales comparable to market.

#0163 JOHNER, ERIC & DORCIE 32185-00400-050-00 COUNTRYSIDE S/D LOT 5 BLK 4 Moved-Seconded (Ewing-Thompson) No change in land value. No change in structure value. Motion Carried. Sales comparable to market.

#0164 MATTHEWS, BETTY A & MICHAEL D 32570-04500-120-00 RAMSDELL ADDN. SPEARFISH LOTS 11 & 12 BLK 45 Moved-Seconded (Thompson-Dardis) No change in land value. No change in structure value. Motion Carried. Sales comparable to market.

#0165 SEAMAN, DONALD R & PHILLIS F 32570-01600-120-00 RAMSDELL ADDN. SPEARFISH N 25' LOT 11 & ALL LOT 12 BLK 16 Moved-Seconded (Ewing-Thompson) No change in land value. No change in structure value. Motion Carried. Sales comparable to market.

ADJOURN: Being no further appeals to be heard, the 2008 Consolidated Board of Equalization adjourned at 10:29 a.m. on the 16 th day of April 2008. Moved-Seconded (Douglas-Thompson) Motion Carried.

______DATE

______TERRY W. WEISENBERG, Chairperson ATTEST:

______CONNIE ATKINSON, Auditor LAWRENCE COUNTY COMMISSIONERS MEETING – April 22, 2008

Terry W. Weisenberg called the regular meeting of the Lawrence County Commissioners to order at 8:00 a.m. on April 22, 2008 in the Administrative Annex Building of the Lawrence County Courthouse located at 90 Sherman Street, Deadwood, SD with Commissioners, Bob Ewing, James J. Seward and Tommy Thompson present. Connie H. Douglas was absent. Seward left at 9:10 a.m.

All motions were passed by unanimous vote, by all members present, unless stated otherwise.

AGENDA: Moved-Seconded (Thompson-Ewing) to approve the agenda as amended. Motion Carried. Douglas absent.

MINUTES: Moved-Seconded (Seward-Weisenberg) to approve the minutes of April 8, 2008 County Commission meeting. Motion Carried. Douglas absent.

Moved-Seconded (Ewing-Weisenberg) to approve the Consolidated Board of Equalization minutes of 2008. Motion Carried. Douglas absent.

PERSONNEL: HIGHWAY: Moved-Seconded (Seward-Thompson) to approve Norm Burleson as the Sign/Equipment Operator, effective 4-27-2008. Motion Carried. Wages will be split 50/50 with 911 and Road & Bridge Funds

Moved-Seconded (Seward-Weisenberg) To approve the advertising for a full time equipment operator. Motion Carried. Douglas absent.

GENERAL FUND SURPLUS ANALYSIS: The General Fund Surplus Analysis for Lawrence County as of March 31, 2008 is $1,518,923.72 or 9.23% after budgeted transfer of funds

LEAD FIRE PROTECTION DISTRICT: Moved-Seconded (Seward-Weisenberg) to canvass the Lead Fire Protection District Election resulting in 349 for incorporation of the Lead Fire Protection District and 303 voting against incorporation of the Lead Fire Protection District. Motion Carried. Douglas absent.

Moved-Seconded (Ewing-Thompson) To approve and authorize the Chairman to sign the following Order Declaring Lead Fire Protection District Incorporated. Motion Carried. Douglas absent. ORDER DECLARING LEAD FIRE PROTECTION DISTRICT INCORPORATED: WHEREAS, an election was held among the registered voters in the Lead Fire Protection District to determine whether or not a Fire Protection District should be incorporated. WHEREAS, this vote was held on April 8, 2008. 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 652 (Six Hundred Fifty Two), together with the number of 349 (Three Hundred Forty-Nine) voting for and the number of 303 (Three Hundred Three) voting against incorporation; WHEREAS, The Territory organized as a district is as follows: Showing the location of Lead Fire Protection District are defined as: LAWRENCE COUNTY: Sections 1, 12, 13, in Township 3 North, Range 2 East of the I.E.; Sections 1 through 3 inclusive and Sections 10 through 13 inclusive, and Sections 24, 25, 36 in Township 4 North, Range 2 East of the I.E.; Sections 21 through 23 inclusive, the South ½ of Section 24, Sections 25 through 29 inclusive, and sections 32 through 36 inclusive, in Township 5 North, Range 2 East of the B.H.M.; SW ¼, of Section 4, Sections 5 through 9 inclusive, and Sections 16 through 18 inclusive in Township 3 North, Range 3 East of the B.H.M.; That portion of Section 2 that is West of US Highway 385, Sections 3 through 10 inclusive, the North ½, the SW ¼, the West ½ of the SE ¼ of Section 11, the NW ¼ and the West ½ of the NE ¼ of Section 14, the North ½ of Section 15, NW ¼, NE ¼, SW ¼, the North ½ of the SE ¼, of Section 16, Sections 17 through 20 inclusive, and Sections 29 through 32 inclusive in Township 4 North, Range 3 East of the B.H.M.; the West ½ of the SW ¼ of Section 19, that portion of the SW ¼ of Section 27 that falls outside of Deadwood city limits, South ½ of Section 28, the NW ¼, SW ¼, South ½ of the SE ¼, of Section 29, Sections 30 through 33 inclusive, and that portion of Section 34 that is outside of Deadwood city limits and west of US Highway 385, and that portion of Section 35 that is West of US Highway 385 in Township 5 North, Range 3 East of the B.H.M., all in Lawrence County, South Dakota. 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 Lead Fire Protection District is hereby incorporated pursuant to SDCL 31-12A. DATED this 22nd day of April, 2008. Terry W. Weisenberg, Chairperson Lawrence County Commission. ATTEST: CONNIE ATKINSON, Auditor

LAWRENCE COUNTY RESOLUTION #2008-14 WOLF POLICY: Moved-Seconded (Ewing-Seward) to approve and authorize the Chairman to sign the following Resolution #2008- 14 Wolf Policy. Motion Carried. Douglas absent. LAWRENCE COUNTY RESOLUTION #2008-14 WOLF POLICY: WHEREAS, wolves were removed from the Federal Endangered Species List on February 28, 2008; and WHEREAS, Mike Kintigh of the South Dakota Game Fish & Parks Department says wolves will be migrating into South Dakota from Minnesota and Wyoming and wolves pose a much greater threat to livestock than mountain lions do ( KEVN News, Jan. 13, 2008 ); and WHEREAS, South Dakota Codified Law 40-36-1 requires the Department of Game Fish & Parks to cooperate with federal agencies to control wild animals injurious to livestock, poultry, game, land, and the public health; and WHEREAS, South Dakota Codified Law 40-36-3 allows the Department of Agriculture to cooperate with counties , associations, corporations, or individuals if such cooperation is necessary to control injurious animals; and WHEREAS, since the late 1980s over 1400 wolves are estimated to have been killed in the northern Rockies but the population has still increased about 24% a year ( Associated Press, Rapid City Journal, Feb. 22, 2008 ); and WHEREAS, the Contingency Plan for Responding to Gray Wolf Depredations of Livestock in South Dakota says South Dakota has no suitable habitat for wolves and that South Dakota is not critical for the recovery of the species. Their basic criteria are: 1. Presence of adequate prey 2. Minimum contiguous area of 3000 square miles with less than 10% private land 3. Absence of grazing livestock 4. Sufficient isolation to support 10 breeding pairs. It also says South Dakota has no suitable area to relocate a problem wolf and that neighboring states are unlikely to take a depredating wolf; and WHEREAS, eastern Wyoming classifies wolves as predators and wolves in Minnesota are not listed as endangered; NOW THEREFORE BE IT RESOLVED the Lawrence County Commission urges that wolves be classified as an injurious predatory animal with the coyote, and that they are to be removed by anyone without regard to license or season if they threaten livestock, pets, or humans in any way. BE IT FURTHER RESOLVED the Lawrence County Commission urges the South Dakota Department of Game Fish & Parks and the South Dakota Department of Agriculture make it their policy to list wolves as an injurious animal with the coyote. BE IT FURTHER RESOLVED the Lawrence County Commission urges that wolves not be listed as a game animal in South Dakota. Dated this 22 day of April, 2008. FOR THE BOARD: Terry W. Weisenberg, CHAIR. ATTEST: Connie Atkinson, AUDITOR

LAWRENCE COUNTY RESOLUTION # 2008-15 R.S. 2477: Moved-Seconded (Seward- Weisenberg) to approve and authorize the Chairman to sign the following Resolution #2008-15 Resolution Urging Congressional Approval Of R.S. 2477 Rights-Of-Way Recognition Act. Motion Carried. Douglas absent. RESOLUTION URGING CONGRESSIONAL APPROVAL OF R.S. 2477 RIGHTS-OF-WAY RECOGNITION ACT: WHEREAS, in 1866, the United States Congress passed an open-ended grant of “the right-of-way for the construction of highways over public lands, not reserved for public uses”; WHEREAS, the statute, commonly referred to as R.S. 2477, remained in effect for 100 years, and most of the transportation routes in the West were established under its authority; WHEREAS, although Congress repealed R.S. 2477 in 1976 by passing the Federal Land Policy Management Act, it purposely protected all rights-of-way established prior to October 21, 1976; WHEREAS, unlike any other federal land statute, the establishment of R.S. 2477 rights- of-way required no entry, application, license patent, or deed on the part of the federal government, and no formal act of public acceptance on the part of the states or localities in whom the rights were vested; WHEREAS, because R.S. 2477 rights-of-way were not required by the grant to be formally recorded, they have become one of the more contentious land use issues in the West, resulting in on-the-ground conflicts and expensive litigation; and WHEREAS, Southern Utah Wilderness Alliance v. Bureau of Land Management (SUWA v. BLM), a 10 th Circuit Court of Appeals’ order filed January 6, 2006, provides a thoughtful and reasonable way to resolve road disputes between the federal government and counties; WHEREAS, the United States Department of Interior has developed and issued guidelines implementing the well-reasoned principles in SUWA v. BLM, formerly known as the “Norton Implementation”; WHEREAS, certain members of Congress and certain nongovernmental organizations are attempting to defeat the principles of SUWA v. BLM as adopted by the Department of the Interior, and are trying to redefine R.S. 2477 rights-of-way out of existence in order to create additional wilderness across the West, which by definition is roadless; and WHEREAS, Representative Steve Pearce of New Mexico has introduced in Congress the “R.S. 2477 Rights-of-Way Recognition Act”, a bill that codifies the beneficial principles established in SUWA v. BLM; and WHEREAS, rights-of-way, including roads established under R.S. 2477, are essential transportation routes which are critical to the economic stability and vitality of the rural West; NOW THEREFORE BE IT RESOLVED that the Lawrence County, South Dakota, Board of Commissioners urge the United States Congress to support the fair and equitable resolution of R.S. 2477 rights-of-way by enacting the R.S. 2477, Rights-of-Way Recognition Act. BE IT FURTHER RESOLVED that a copy of this resolution be sent to the members of South Dakota’s congressional delegation, the Majority Leader of the United States Senate and the Speaker of the United States House of Representatives. Dated this 22 nd day of April, 2008. LAWRENCE COUNTY BOARD OF COMMISSIONERS: Terry W. Weisenberg, CHAIR, Connie H. Douglas-Absent, James J. Seward, Robert E. Ewing, Thomas F. Thompson. ATTEST: Connie Atkinson, AUDITOR

FARM BILL LETTER: Moved-Seconded (Seward-Weisenberg) to approve and authorize the Chairman to send a letter to the SD Congressional Delegation, Senator John Thune, Senator Tim Johnson, Representative Stephanie Herseth Sandlin, and House Majority Leader Nancy Pelosi, urging the passage of the Farm Bill. Motion Carried. Douglas absent.

VACATION OF SECTION LINE: Moved-Seconded (Ewing-Seward) to set a public hearing for May 13 th , 2008 at 8:15 a.m. for the Vacation of a Section Line located Lot 202 in Block 2 of Boulder Canyon Subdivision, Located in the NE1/4NE1/4 of Section 15 and the NW1/4NW1/4 of Section 14, T5N, R4E, BHM., Lawrence Co., SD. Motion Carried. Douglas absent.

SUPPLEMENTAL BUDGET / FIRE PROTECTION: A public hearing was held on a supplemental budget request for the Fire Protection Budget. No public input was voiced and the hearing was closed. Moved-Seconded (Seward-Weisenberg) to approve and authorize the Chairman to sign Resolution #2008-13 for a Supplemental Budget. Motion Carried. Douglas absent. RESOLUTION #08-13 TO ADOPT A SUPPLEMENTAL BUDGET: WHEREAS, the County Budget for Lawrence County, South Dakota, for the fiscal year 2008, 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 2008, and that in said budget there will be and is hereby appropriated the following sum of money, to-wit: FIRE PROTECTION FUND: FIRE PROTECTION – Fire Wise - $10,000; FIRE PROTECTION – Expenses - $4,500. 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 April, 2008 at the hour of 8:15 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 April, 2008. FOR THE BOARD OF COUNTY COMMISSIONERS: TERRY W. WEISENBERG, Chairperson. ATTEST: CONNIE ATKINSON. LAWRENCE COUNTY AUDITOR

FUEL QUOTES: The following fuel quotes were submitted as of April 14, 2008: Spearfish Diesel 4200 Gallons: (prices per gallon) Cenex Oil Co. 3.616, Southside Oil - $3.60*; Rollin Oil – no bid M.G. Oil Co. $no bid (*represents lowest quote). Spearfish Unleaded 500 Gallons: (prices per gallon) Cenex Oil Co. $3.142; Southside Oil - $3.129*; Rollin Oil – no bid M.G. Oil Co. no bid (*represents lowest quote). Deadwood Diesel 7200 Gallons: (prices per gallon) Cenex Oil Co. 3.596, Southside Oil - $3.57*; Rollin Oil – no bid M.G. Oil Co. $no bid (*represents lowest quote). Deadwood Unleaded 4000 Gallons: (prices per gallon) Cenex Oil Co. $3.122; Southside Oil - $3.10*; Rollin Oil – no bid M.G. Oil Co. no bid (*represents lowest quote).

HIGHWAY SUPPLIES BIDS: Moved-Seconded (Seward-Weisenberg) to take off the table the highway supply bids received. Motion Carried. Douglas absent.

HOT MIX ASPHALT: Moved-Seconded (Weisenberg-Thompson) to accept all bids received for hot mix asphalt from Hills Material-$56.00 per ton E1 and $57.00 per ton E2 at the Centennial Plant Site; Sacrison Paving-$55.00 at Exit 8. Motion Carried. Douglas absent.

COLD MIX ASPHALT: Moved-Seconded (Ewing-Thompson) to accept the only bid received for cold mix asphalt from Hills Material-$70.00 per ton. Motion Carried. Douglas absent.

GRAVEL SURFACING AGGREGATE: Moved-Seconded (Seward-Thompson) to accept all bids received for Gravel Surfacing Aggregate from Hills Material for $7.65 per ton Gravel Surfacing, $8.80 Gravel Base, $11.20 ¾ clean rock, $11.20 ½ clean rock, $11.20 1” clean rock and $.30 loading cost at the Centennial Pit; $7.25 per ton Gravel Surfacing, $7.25 Gravel Base, $8.50 1” clean rock and $.30 loading cost at the Kost Pit; $7.25 per ton Gravel Surfacing, $7.25 Gravel Base, and $.30 loading cost at the Hanson Pit. Fisher Industries for -$6.50 per ton Gravel Base and $7.50 ¾ clean rock at the McGuigan Pit. Motion Carried. Douglas absent.

DE-ICING SAND: Moved-Seconded (Thompson-Weisenberg) to accept the low bid of Fisher Industries at $10.25 per ton. Motion Carried. Douglas absent. Hills Material $22.00 per ton. Fisher Industries $10.25 per ton.

FOREST SERVICE AGREEMENT: Moved-Seconded (Seward-Ewing) to approve and authorize the Chairman to sign the 2008 Project Agreement #07-RO-11020300-017 M3 between Lawrence County Highway and the USDA Forest Service. Motion Carried. Douglas absent.

VA EXPENDITURES: Bill Locken, Veterans Service Officer, reported on the VA expenditures for FY07 in Lawrence County and throughout the State.

ABATEMENTS: MCLAUGHLIN: Moved-Seconded (Seward-Ewing) to follow the recommendation of the Director of Equalization and approve the abatement for 2007 for Ruth McLauglin on parcel #21000-00603-034-20 because the house was double assessed. Motion Carried. Douglas absent.

AIRPORT PROJECT PHASE II – AIRPORT ROAD PAVING: The following bids were received for the Airport Project Phase II: Bituminous Paving Inc. $273,566.90; Hills Materials Company $299,906.24; Simon Contractors $424,971.90. Moved-Seconded (Thompson-Ewing) to accept the low bid of Bituminous Paving for 273,566.90 and to authorize the Chairman to sign all accompanying documents; contingent upon the FAA and SDDOT final approval. Motion Carried. Douglas & Seward absent.

AIRPORT PROJECT PHASE III: Moved-Seconded (Seward-Weisenberg) to authorize the bid date to be set and advertised for Phase III of the Airport Project when the FAA Funding is in place. Motion Carried. Outka will report back to the Board with the Bid Date and Time. Douglas absent.

CELL PHONE POLICY: The Board reviewed the Department Head recommendations on the Cell Phone Policy per diem allowances. Moved-Seconded (Ewing-Weisenberg) To table the recommendations. Motion Carried. Douglas & Seward absent.

MAITLAND ROAD: Moved-Seconded (Ewing-Thompson) to set a bid opening date for May 27 th at 8:30 a.m. for the repair of the Maitland Road. Motion Carried. Douglas & Seward absent. This will be a shared cost with Maitland Partners.

GILDED MOUNTAIN SUBDIVISION / BOND APPROVAL: Moved-Seconded (Ewing- Weisenberg) to approve and authorize the Chairman to sign the Memorandum of Agreement with Gilded Mountain LLC and to accept the Letter of Credit. Motion Carried. Douglas & Seward absent.

AG SURVEYS & DISCUSSION: Chairman Weisenberg stated he met with George Auer, Hank Frawley, and Bob Rahja on the survey results from SDSU. Weisenberg recommended appointing a committee of two County Commissioners and three Ag Producers to compose a survey to send out to Ag producers to compare the rental rates with the SDSU survey. Moved- Seconded (Ewing-Thompson) to appoint a 5 person committee to research the assessment process for AG land and to compose a survey to send to Ag producers. Motion Carried. Douglas & Seward absent.

Moved-Seconded (Ewing-Thompson) to appoint Ewing and Weisenberg to the committee. Motion Carried. Douglas & Seward absent.

Weisenberg asked that the Ag community recommend three Ag producers to serve on the committee.

Discussion followed on the confidentiality of the information received on the survey and how the surveys will be sent. George Auer, Bob Rahja, and Cliff Jensen were present for the discussion.

10:59 a.m. Moved-Seconded (Ewing-Thompson) to recess the County Commission Meeting until 1:00 p.m. Motion Carried. Douglas & Seward absent.

FOREST SERVICE ROAD/TRAIL ACCESS ISSUES & FOREST PROJECTS: Craig Bobzien and Rhonda O’Byrne were present from the Forest Service to answer questions from the Board. Road/Trail access issues were discussed. Bobzien stated if they are interested in certain access issues they should submit them to the Forest Service and they can be handled on an individual basis. Normally the Forest Service recognizes the need for only one access to a landowner. Bobzien stated an option available would be for the County to apply for access and improve and maintain the road.

Weisenberg questioned how they were managing the Elk in the Forest Service. Bobzien stated the Game Fish and Parks manage the Elk and not the Forest Service. Weisenberg asked for an update on the Nemo contamination issue. Bobzien stated Rusty Wilder could provide an update at a future meeting. RS2477 roads were also mentioned.

BILLS: Moved-Seconded (Ewing-Weisenberg) to approve payment of the following 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. Douglas absent. Payroll: Comm-$5,914.87; Aud-$6,837.84; Treas-$8,705.64; Comp-$5,377.51; States Atty- $12,714.41; Pub Def-$6,957.68; Gen Govt Bldg-$6,896.26; Equal-$13,529.92; Rod-$7,658.37; Vso-$1,086.23; Disp-$10,920.38; Sher-$30,043.44; Jail-$19,456.81; Emerg Mgnt-$3,092.62; E911-$1,519.80; Highway-$35,301.36; Air-$915.60; Ext-$1,296.00; Weed-$1,743.17; Pz- $2,803.76; Bills: Dias,G-$20.50; Pike,M-$18.75; Siedschlaw,R-$126.41; Silvernail,D-$9.00; A&B Business Equip-$811.49; A&I Distributors-$2,146.52; A&J Supply-$59.29; Abc Business Supply-$540.58; Accurint Account-$75.50; Alltel-$381.30; Amcon Distributing-$178.10; American Tech Serv-$2,007.50; At&T-$24.34; BH Federal Credit Union-$10,144.00; BH Pioneer-$719.84; BH Power & Light-$5,761.16; BH Truck And Trailer-$1,455.52; Biegler,Greg-$60.00; Black Hills Auto Parts-$33.44; Bp-$327.14; Brady Pluimer, PC-$4,253.10; Butler Machinery Co-$284.12; Campbell Co Sheriffs-$90.00; Carol Butzman Consluting- $183.09; Christensen Law Office-$645.75; City/County Alcohol &Drug-$984.00; Crawford Supply Company-$95.52; Credit Collections Bureau-$180.00; Culligan Soft Water Serv-$65.50; Datec-$659.00; Deadwood Recreation Center-$164.00; Deadwood, City Of-$71.63; Dept Of The Treasury-$42,856.42; Dietrich,Donna-$723.27; Eddie's Truck Sales/Serv-$90.18; Election Sys & Software-$739.66; Ensignal-$41.22; Ertz,Dewey J,Ed-$650.00; Farm Plan/Rdo-$446.56; Fiferman,Dr Leslie-$425.00; Fish,Veronica-$371.00; Foothills Contracting-$394,562.07; Frederickson,John R-$156.00; Fsh Communications-$60.00; Gall's-$48.98; Great Western Tire- $588.12; Hamann,C-$315.00; Havemeier,Leslie-$250.80; Heisler Hardware-$115.36; Henry Schein-$159.67; Hewlett-Packard Company-$48.00; Horn Law Office-$386.00; Iga-$114.12; Jacobs Precision Welding-$15.00; Jacobsen Ford-$179.22; Johnson,Rodenbrug & Lauinger- $75.00; Jones,Todd-$175.00; Keefe Supply Company-$417.92; Knology-$1,634.84; Kooistra,Nelva-$60.00; LC Auditor-$29.00; LC Journal-$24.00; LC Sheriff-$40.01; LC Treasurer-$50.00; Language Line Services-$33.30; Lar-Jo's-$738.23; Lewis & Clark-$260.00; Lexisnexis On-Line-$397.00; Lockup Usa Productions-$344.50; M&M Sanitation-$120.00; Macks Auto Body-$1,743.91; Mci A Verizon Company-$6.67; Medica-$52,620.23; Mid-Night Star-$106.85; Minnwest Bank Sioux Falls-$171.03; Montana-Dakota Util-$112.95; Motorola- $2,940.00; NH Family Ymca-$448.80; Neve's Uniforms-$45.07; Newman Traffic Signs- $336.61; Office Depot-$368.44; Office Of Child Support-$195.69; Pennington Co Auditor- $193.00; Pennington Co Jail-$1,452.30; Phillips Petroleum Co-$311.28; Quill Corp-$204.50; Qwest-$1,298.21; RC Finance Office-$1,610.00; RC Medical Center-$245.50; Rabe Elevator- $213.41; Radio Shack/Kazco-$119.98; Regional Behavioral Health Ctr-$285.58; Rehfuss,Cathryn-$60.00; Rocket Lube-$350.87; SD Continuing Legal Education-$150.00; SD Project Learning Tree-$10,000.00; SD Retirement System-$46,894.45; Sdrs Supplemental Retirement-$996.50; Servall Towel & Linen-$418.42; Seward & Odenbach-$462.32; Shell Fleet Management-$15.68; Southside Oil-$54,750.95; Spearfish Auto Supply-$4.58; Spearfish Electric & Heating-$90.00; Spearfish Police Dept-$20.79; Stretch's Glass & Mirror-$37.45; The Mercantile-$78.75; Tigerdirect-$1,717.58; Twin City Hardware & Lumber-$226.04; United Parcel Service-$14.89; Verizon Wireless-$799.15; Victims Of Violence-$510.00; Walmart Store-$143.71; Waste Connections-$185.10; Wells Fargo Business Card-$355.88; Western Sd Juvenile Serv-$10,600.00; Wolff's Plumbing & Heating-$3,807.20; Yankton Co Sheriff-$25.00; Yankton County-$202.50; Witness & Jurors: Anderson,V-$29.62; Lundin,M-$29.62; Murphy,S-$31.10; Madsen,L-$25.55; Haefs,D-$22.22; Koch-Hantke,J-$22.22; Richards,J- $446.24; Anderson,T-$29.62; Baldwin-Reilley,S-$20.00; Barden,S-$20.00; Blake,C-$86.60; Brownell,D-$20.00; Fundis,J-$20.00; Hill,T-$20.00; Schellhouse,D-$27.40; Smith,M-$20.00; Tyrell,L-$20.00; Venezuela,L-$20.00; Williams,H-$86.60

ADJOURN: 1:16 p.m. there being no further business it was Moved-Seconded (Ewing- Weisenberg) to adjourn. Motion Carried. Douglas & Seward absent.

______Date Approved

______Terry W. Weisenberg, Chairperson ATTEST: ______Connie Atkinson, Auditor LAWRENCE COUNTY COMMISSIONERS MEETING – May 13, 2008

Terry W. Weisenberg called the regular meeting of the Lawrence County Commissioners to order at 8:00 a.m. on May 13, 2008 in the Administrative Annex Building of the Lawrence County Courthouse located at 90 Sherman Street, Deadwood, SD with Commissioners, Bob Ewing, Connie H. Douglas, James J. Seward and Tommy Thompson present.

All motions were passed by unanimous vote, by all members present, unless stated otherwise.

AGENDA: Moved-Seconded (Ewing-Douglas) to approve the agenda as amended. Motion Carried.

MINUTES: Moved-Seconded (Ewing-Weisenberg) to approve the Board of Equalization minutes for 2008. Motion Carried.

Moved-Seconded (Ewing-Thompson) to approve the minutes of April 22, 2008 County Commission meeting. Motion Carried.

PERSONNEL: SHERIFF: Moved-Seconded (Douglas-Ewing) to allow employees to donate sick leave to Rick Hagerty. Motion Carried.

Moved-Seconded (Thompson-Weisenberg) to allow employees to donate sick leave to Angie McKee. Motion Carried.

Moved-Seconded (Thompson-Weisenberg) to approve Cody Brodsky as a Correctional Officer II, G1 at the base rate of $14.86 an hour, upon the completion of 40 hours of training at $8.61 an hour, effective 5-13-08. Motion Carried.

Moved-Seconded (Seward-Ewing) to approve Roger Asheim as a part time as needed, Correctional Officer II, G2 at the base rate of $15.16 an hour, effective 4-12-2008. Motion Carried.

Moved-Seconded (Ewing-Weisenberg) to approve Dan Brady as a part time as needed, Transport Officer, at the base rate of $11.40 an hour, effective 4-14-2008. Motion Carried.

HIGHWAY: Moved-Seconded (Thompson-Weisenberg) to approve Robert Skavang as a Heavy Equipment Operator, at the base rate of $18.09 an hour, effective 5-19-2008. Motion Carried.

TREASURER: Moved-Seconded (Seward-Weisenberg) to approve the advertising and hiring of two employees in the Treasurer’s Office to fill the opening positions. Motion Carried.

JUDICIAL SYSTEM ACCESS AGREEMENT: Moved-Seconded (Ewing-Thompson) to approve and authorize the Chairman to sign the Access Agreement with the Judicial System. Motion Carried. Aye-4, Nay-Seward

AUDITOR’S ACCOUNT WITH TREASURER REPORT: Moved-Seconded (Thompson- Weisenberg) to accept the following report as read by the Auditor. Motion Carried. Auditor's Account with the County Treasurer: as of April 30, 2008 showed the following: Total amount of actual cash-$1,250.00; Total amount of Checks and drafts in Treasurer's possession not exceeding three days (check deposit in transit)-$1,095,640.80; Total amount of cash in transit in Treasurer's possession (cash deposit in transit)-$12,055.09; Petty Cash-$1,635.00; Total amount of deposits in bank include: CD's-$4,200,000; Savings $259,876.92, Money Market $515,207.89; Bank Balance-$11,945,692.30; Total $18,031,358.00.

AIRPORT ENGINEERING FIRM: Bruce Outka stated only one engineering firm submitted for the Airport Engineer proposal. Moved-Seconded (Seward-Weisenberg) to approve Kadrmas Lee & Jackson (KLJ) as the Airport Engineering Firm for Lawrence County for 2009 through 2013. Motion Carried.

HIGHWAY SAFETY GRANT APPLICATION: Captain Brian Dean, explained the Department of Public Safety Highway Safety Grant Application. This would allow the Sheriff Deputies to provide a higher level of visibility and enforce traffic laws. Moved-Seconded (Ewing-Thompson) to approve the application for the Highway Safety Grant. Motion Carried.

Douglas stated the County will not continue the increased coverage if the grant does not cover the hours. Thompson expressed concern that mileage and fuel costs would not be covered.

NEW WORLD CONTRACT AMENDMENT: Moved-Seconded (Douglas-Ewing) to approve and authorize the Chairman to sign the New World Contract Amendment for $15,500.00 with at maintenance fee of 3,875.00. Motion Carried.

SAFETY MANUAL AMENDMENT: Moved-Seconded (Douglas-Weisenberg) to approve and authorize the Chairman to sign the following Lawrence County Resolution #2008-16 Amendment #1 to the Lawrence County Safety Manual. Motion Carried.

LAWRENCE COUNTY RESOLUTION #2008-16 / AMENDMENT #1 / LAWRENCE COUNTY SAFETY MANUAL: WHEREAS, the Lawrence County Commissioners have previously adopted a safety manual to provide county employees with general safety information and guidelines; and WHEREAS, updates are periodically reviewed and approved to provide up- to-date information for employees; NOW THEREFORE BE IT RESOLVED that effective June 1, 2008 and upon favorable passage of this resolution and until otherwise revised, the following revision is hereby incorporated into the Lawrence County Safety Manual. Section: Vehicle Operations Add the following: Cell Phone Use and Safety: County employees are strongly discouraged from conducting business on any cell phone while operating a motor vehicle. Employees are encouraged to use “hands free” devices in limited situations and not for prolonged conversation. If a “hands free” is not available, employees should find a safe place to pull off the road if they need to use a cell phone. Department Heads may establish cell phone policies that are more but not less restrictive than this policy. Section: Fire Protection Add the following: Candles: Due to the possibility of fire from unattended burning items, candle or incense use will not be allowed in any county building. Dated this 13 th day of May, 2008. FOR THE BOARD: Terry W. Weisenberg, CHAIR. ATTEST: Connie Atkinson, AUDITOR

PSIC GRANT: Moved-Seconded (Ewing-Thompson) to approve the application for the Public Safety Interoperable Communications (PSIC) Grant Program Match. Motion Carried. The funding must be used to upgrade currently operating radios on the statewide interoperable communications system, purchase new radios to operate on the interoperable communications system, and to expand the capacity of the statewide interoperable communications system.

PURCHASE OFF STATE BID: Moved-Seconded (Seward-Thompson) to approve the purchase from State Bid for a $32,040 for the Search & Rescue Truck #116 Class CS Truck 1 Ton 4X4 Crew/Quad Cab (Long Box) Diesel Commodity Code: 07051BCS25 Ford F350 from Lamb Motors. Motion Carried.

HIGHWAY DEPARTMENT BUSINESS UTILITY PERMITS: BLACK HILLS POWER: Moved-Seconded (Seward-Ewing) to approve and authorize the Chairman to sign the Utility Permit for Black Hills Power located 0.7 miles from Laurel Street on Crook City Road. Motion Carried.

GOLDEN WEST TELECOMMUNICATIONS: Moved-Seconded (Ewing-Seward) to approve and authorize the Chairman to sign the Utility Permit for Golden West Telecommunications in Sections 33 & 34, T5N, R3E on the Kirk Road. Motion Carried.

FOREST SERVICE AGREEMENT: Moved-Seconded (Ewing-Thompson) to approve and authorize the Chairman to sign the Modification #5 to the Cooperative Road Agreement #07- RO-11020300-017 MS. Motion Carried.

CELL PHONE POLICY: Moved-Seconded (Douglas-Ewing) to approve the following per diem rates for the Cell Phone Allowances. Motion Carried. Greg Dias-$75.00, Randall McGruder-$50.00, Dick Birk-$50.00; Steve Ryan-$50.00; Bob McCormick-$50.00; Norm Burleson-$50.00; Rick Frerichs-$50.00; Ki Caserio-$50.00; Amber Vogt-$60.00; Paul Thomson-$136.00; Rene Larson-$68.00; Darlene Piekkola-$70.00; Scott Sandvig-$50.00; Brett Runge-$50.00; Carmen Symonds-$50.00; Tim Hodson-$50.00; Rick Mowell-$126.00; Joe Harom-$126.00; Brian Dean-$126.00; Randall Rosenau-$126.00; Paul Hansen-$126.00; Marty Goetsch-$126.00; Tavis Little-$104.00; Joe Leveque-$104.00; Rob Ruffato-$104.00; Brooke Leighty-$104.00; Larry Gabriel-$126.00; Rick Hagerty-$126.00; Mike Chavez-$104.00; Ryan Cook-$104.00; Bob Williams-$104.00; Dave Heck-$50.00.

Moved-Seconded (Ewing-Weisenberg) to surplus the county cell phones and allow them to be transferred to the employee’s plan. Motion Carried.

AG COMMITTEE UPDATE: Weisenberg update the Board on the AG Committee meeting that was held. Board members are Chairman Weisenberg, Commissioner Ewing, Darrell Nicholas, Bob Rahja, and George Auer. Weisenberg presented a draft cover letter and cash rent survey to be mailed to AG classified property. Weisenberg stated they would like to have the survey’s returned by June 2, 2008. Discussion followed on who would be mailing out and receiving the survey’s back.

Moved-Seconded (Douglas-Thompson) to have the Commissioners Office send out the surveys and have them returned back to the Commissioners Office. Motion Carried.

PLANNING & ZONING UPDATE: Amber Vogt updated the Board on Planning and Zoning issues.

PLANNING & ZONING ORDINANCE 08-01: A public hearing and 1 st reading were held for the proposed Planning & Zoning Ordinance #08-01 International Building Code. Vogt reviewed the proposed Ordinance 08-1. No public input was voiced and the hearing was closed. The second reading will be May 27, 2008.

PLANNING & ZONING ORDINANCE 08-02: A public hearing and 1 st reading were held for the proposed Planning & Zoning Ordinance #08-02 Fees. Vogt reviewed the proposed Ordinance 08-2. No public input was voiced and the hearing was closed. The second reading will be May 27, 2008.

NEMO TOXIC DUMP PROJECT UPDATE: Rusty Wilder updated the Board and provided a Status Brief for the Nemo Work Center Ground Water Contamination. Wilder stated all data is available to the public.

ROAD ACCESS & EGRESS ISSUES: Moved-Seconded (Douglas-Weisenberg) to appoint Jim Seward and Tommy Thompson to a subcommittee to research road access and egress issues, and to allow Seward and Thompson to determine additional Board members. Motion Carried.

ABATEMENTS: NORTHERN HILLS PREGNANCY CENTER: Moved-Seconded (Douglas-Seward) to follow the recommendation of the Director of Equalization and deny the request for abatement for the Northern Hills Pregnancy Center. Motion Carried. Charitable classification is not retroactive and the application date was December 13, 2006, property became exempt in 2007.

BILLS: Moved-Seconded (Douglas-Weisenberg) to approve payment of the following 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-$5,914.87; Aud-$6,838.00; Treas-$8,679.87; Comp-$5,377.51; States Atty- $12,714.98; Pub Def-$6,957.68; Gen Govt Bldg-$6,809.56; Equal-$13,545.36; Rod-$7,658.38; Vso-$1,086.23; Disp-$9,359.24; Jail-$30,300.11; Jail-$18,483.18; Emerg Mgnt-$3,110.61; E911-$1,504.80; Highway-$33,072.99; Air-$1,115.60; Ext-$2,020.48; Weed-$1,597.44; Pz- 2,603.76; Bills: Burleson,N-$12.79; Eide,C-$14.12; Keller,R-$14.12; Kellogg,S-$59.62; Locken,W-$236.80; Lopez,A-$53.99; Mccormick,R-$74.29; Mcgruder,B-$34.00; Mowell,R- $7,998.00; Rombough,D-$62.90; Thomson,P-$2.96; Vogt,A-$408.62; A&B Business Equip- $2,269.75; A&B Welding Supply-$132.16; A&I Distributors-$2,654.42; A&J Supply-$537.46; A-Z Shredding-$14.25; Abc Business Supply-$587.84; Accurint Account-$75.00; Active Data Systems-$58.83; Alco Store-$5.58; Alltel-$130.11; Amcon Distributing-$419.80; American Inn Hotel & Suites-$65.16; Amsterdam Printing-$174.79; Anderson Oil Co-$101.81; Armstrong Extinguish-$199.39; BH Chemical Company-$2,568.76; BH Federal Credit Union-$10,144.00; BH Land Analysis-$787.50; BH Medical Ctr Pharmacy-$5,009.03; BH Pest Control-$95.00; BH Pioneer-$172.77; BH Power & Light-$2,206.01; BH Window Cleaning-$16.00; Best Business Prod-$19.26; Best Western Hickock House-$104.38; Best Western Ramkota Inn-$644.00; Binger Law Office-$1,843.90; Black Hills Pure-$23.00; Bob Barker Company-$211.34; Boyer,Jerry-$52.00; Brady Pluimer, Pc-$2,225.74; Butler Machinery Co-$262.55; Butte County Sheriff-$22.58; Butte Electric Coop-$540.03; Central Parts-$643.41; Chris Supply Co-$511.10; Christensen Law Office-$785.75; City/County Alcohol &Drug-$2,032.00; Claggett,Dave Pc- $1,053.93; Clark Printing-$365.86; Clinical Lab Of BH-$2,033.40; Conoco-$421.23; Cook's Direct-$1,237.26; Cowboy Country Stores-$67.00; Crawford Supply Company-$132.30; Credit Collections Bureau-$180.00; Culligan Soft Water-$172.50; Deadwood Home Center-$1.65; Deadwood Thymes Cafe & Bistro-$72.00; Deadwood, City Of-$5,531.62; Dept Of Hlth Lab Services-$68.00; Dept Of The Treasury-$45,752.80; Eagle Crime Scenes-$133.94; Ecolab- $117.00; Eddie's Truck Sales/Serv-$42.15; Election Sys & Software-$692.62; Ellingson,Joseph- $1,176.05; Ensignal-$784.94; Executone Of The BH-$250.50; Express Wireless Cellular Serv- $20.00; Farm Plan/Rdo-$50.64; First Western Bank-$524.77; Fish,Veronica-$206.00; Fleet Services-$55.42; Foothills Seed-$120.00; Frederickson, John-$448.00; Fsh Communications- $60.00; Genpro Power Systems-$4,406.79; Gold Country Inn-$50.00; Great Plains Chemical- $120.00; Greens Alignment-$207.99; Heisler Hardware-$27.33; Hero 247-$226.50; Hewlett- Packard Company-$910.00; Hickok's Iron Horse Inn-$88.22; Holiday Inn City Centre-$139.50; Horn Law Office-$552.00; Huron Culvert & Tank Co-$15,447.95; Ibm Corp-$571.02; Iga- $14.65; Jacobs Precision Welding-$154.28; Janke,Wendy-$495.00; Johnson, Rodenbrug & Lauinger-$75.00; Juneks' Chrysler/Dodge-$71.35; Karpinen,Sharon-$450.00; Keefe Supply Company-$344.48; Kelly Inn-$63.00; Kinney,Matthew J-$602.48; Knecht True Value-$192.22; Knology-$457.03; Koala Electric-$718.94; Kosel,Joseph M-$4,635.28; LC Emerg Mgnt-$48.62; LC Journal-$3,317.15; LC Sheriff-$278.07; LC Treasurer-$50.00; Lead, City Of-$61.65; Lead- Deadwood Regional Hospital-$240.00; Lead-Deadwood Sanitary-$304.20; Lee,James-$15.00; Lexisnexis On-Line-$397.00; Lueders-$59.48; Meade County Sheriff-$11.60; Miller,Steve- $3,347.89; Minnwest Bank Sioux Falls-$171.03; Montana-Dakota Util-$6,525.34; National Business Furniture-$1,434.95; Nelson,Christy-$360.00; Nelson,Tonya-$540.00; Neve's Uniforms-$49.95; Northern Improvement-$420.00; Office Of Child Support-$195.69; Office Technology/Supply-$171.43; Pennington County Sts.Attny-$400.00; Pheasantland Industries- $246.33; Postmaster, Deadwood-$4.00; Priority Dispatch-$78.00; Pronto Auto Supply-$38.34; Public Safety Source-$141.00; Qwest-$1,205.11; RC Finance Office-$1,190.00; RC Regional Hospital-$2,712.00; Rabe Elevator-$690.96; Radio Shack/Kazco-$34.99; Rapid Delivery- $18.20; Regional Behavioral Health-$218.19; Reserve Account-$6,000.00; Rocket Lube- $178.55; Russell,L-$66.60; Sdpa-Teri Miller-$55.00; SD State Treasurer-$886.55; Sand Creek Printing-$57.07; Servall Towel & Linen-$319.67; Seward & Odenbach-$1,185.66; Silverado- $709.49; Spearfish Auto Supply-$1,645.65; Spearfish City Of-$5,000.00; Spearfish Husky- $38.15; Spearfish Motors-$28.79; Spearfish Police Dept-$15,866.53; St Croix Clerk Of Courts- $7.50; Stadler Ind Service-$137.77; Summit Signs & Supply-$67.00; Team Lab Chemical Corp- $959.00; Tigerdirect-$137.58; Twin City Hardware & Lumber-$368.25; United Parcel Service- $45.31; Verizon Wireless-$117.23; Warne Chemical-$3,548.80; Waste Connections-$461.85; Wells Plumbing & Farm Supp-$147.74; West River International-$37.92; Western Communication-$119.50; Wolff's Plumbing & Heating-$5,773.05; Xerox Corporation-$124.48; Yankton Co Sheriff-$50.00; Yankton County-$141.25; Z&S Dust Control-$33,623.64; Witness & Jurors: Bretz,D-$52.96; Custis,D-$61.10; Gilles,A-$52.22; Hartl,S-$63.32; Koch,T-$64.80; Lanphear,J-$51.48; Noland,M-$64.80; Papenfuss,T-$122.20; Peacemaker,E-$62.58; Proctor,D- $53.70; Richards,M-$55.92; Schuttler,R-$61.10; Showman,S-$62.58; Stagner,R-$52.22; Trapp,J-$57.40; Antes,C-$25.55; Langlois,B-$20.00; Schreiber,B-$42.20; Thomason,K-$21.11; Vansickle,D-$25.55

ADJOURN: 10:28 a.m. there being no further business it was Moved-Seconded (Seward- Weisenberg) to adjourn. Motion Carried. ______Date Approved

______Terry W. Weisenberg, Chairperson ATTEST:

______Connie Atkinson, Auditor LAWRENCE COUNTY COMMISSIONERS MEETING – May 27, 2008

Terry W. Weisenberg called the regular meeting of the Lawrence County Commissioners to order at 8:00 a.m. on May 27, 2008 in the Administrative Annex Building of the Lawrence County Courthouse located at 90 Sherman Street, Deadwood, SD with Commissioners, Bob Ewing, Connie H. Douglas, James J. Seward and Tommy Thompson present. Seward left at 9:30 a.m.

All motions were passed by unanimous vote, by all members present, unless stated otherwise.

AGENDA: Moved-Seconded (Ewing-Thompson) to approve the agenda as amended. Motion Carried.

MINUTES: Moved-Seconded (Seward-Weisenberg) to approve the minutes of May 13, 2008 County Commission meeting. Motion Carried.

PERSONNEL: PLANNING & ZONING: Moved-Seconded (Douglas-Thompson) to hire Jeff Schroeder as a Planning and Zoning Deputy G1 at the base rate of $15.12 an hour, effective 5-28-08. Motion Carried.

TREASURER: Moved-Seconded (Douglas-Thompson) to hire Laurie Marshall as an Accounting Clerk G1 at the base rate of $11.32 an hour, effective 6-1-08. Motion Carried. Seward-absent.

REGIONAL HEALTH NETWORK STIPULATION: Moved-Seconded (Douglas-Seward) to approve and authorize the Chairman to enter into a stipulation agreement with Regional Health Network authorizing tax exempt status. Motion Carried.

AG PETITION: AG – Appeal Action – Petition for States Attorney – Fitzgerald has received the petition for States Attorney Appeal and determined that he has a conflict of interest and has turned over the petition to Lance Russell, Fall River States Attorney. Bruce Outka stated he made the decision to stop the mailing of the surveys until this issue is settled, due to pending litigation. The Board stated they supported his decision. Moved-Seconded (Douglas-Ewing) to discontinue sending out the cash rent surveys to AG property owners at this time because of legal advice. Motion Carried.

MAITLAND ROAD PAVING BID OPENING: The following bids were received for the Maitland Road Paving Project. Sacrison Paving-$63,987.10; Bituminous Paving-$80,140.00; Hills Material-$54,277.20; Simon Contracting-$74,965.25. Moved-Seconded (Ewing-Seward) to accept the low bid from Hills Material for $54,277.20 for the Maitland Road Project, and to allow the Chairman to sign the contracting documents. Motion Carried.

ANNEX BUILDING ROOF: Moved-Seconded (Ewing-Douglas) to set the bid opening for June 10 th , 2008 at 8:30 a.m. for the Annex Building roof. Motion Carried.

ABATEMENT REQUEST / VANDER HEIDE: Timothy Vanderheide was present and requested an abatement for four years because one of the residences on their property was assessed twice for a number of years. 2007 taxes payable in 2008 had previously been abated. Taxes payable in 2007, 2006, 2005 and 2004 were the years in question. Moved-Seconded (Ewing-Weisenberg) to approve the abatement for parcel #21000-00603-0134-20 for the years allowed by Statue. Motion Carried.

ABATEMENTS: J&S JOCHIM: Moved-Seconded (Ewing-Thompson) to approve the abatement for J&S Jochim Real Estate LLC on parcel #32250-00300-020-10 because of an error in calculation of the discretionary formula on the TIFD. Motion Carried. Seward-absent.

JOHNSON, THOMAS L.: Moved-Seconded (Ewing-Thompson) to approve the abatement for Thomas L. Johnson on parcel #32250-00100-020-10 because of an error in calculation of the discretionary formula on the TIFD. Motion Carried. Seward-absent.

PRECISION BLENDING OF IDAHO: Moved-Seconded (Thompson-Douglas) to approve the abatement for Precision Blending of Idaho on parcel #32250-00200-030-00 because of an error in calculation of the discretionary formula on the TIFD. Motion Carried. Seward-absent.

PG TECHNOLOGIES: Moved-Seconded (Douglas-Thompson) to approve the abatement for PG Technologies on parcel #32202-00100-010-00 because of an error in calculation of the discretionary formula on the TIFD. Motion Carried. Seward-absent.

LYNETTE MOE: Moved-Seconded (Ewing-Thompson) to approve the abatement for Lynette Moe on parcel #32202-00100-040-10 because of an error in calculation of the discretionary formula on the TIFD. Motion Carried. Seward-absent.

DODDS LLC: Moved-Seconded (Douglas-Thompson) to approve the abatement for Dodds LLC on parcel #32202-00300-020-00 because the Board of Equalization Adjustment was not applied to the TIFD valuation. Motion Carried. Seward-absent.

ON/OFF SALE MALT BEVERAGE / RANEK : A public hearing was held on an application of On/Off Sale Malt Beverage License for Jesse T. Ranek. No public input was voiced and the hearing was closed. Moved-Seconded (Douglas-Weisenberg) to approve the application for JESSE T. RANEK, Raneks Gym & Sports Training: Seven Down Arena: 6623 Centennial Rd – Tract 7, Section 27, T6N, R3E 21000-00603-272-15 for an On/Off Sale Malt Beverage License. Motion Carried.

AMENDMENT TO CUP #303-08 DAVID COLE- #303 SPECIALTY RESORT: A public hearing was held for an Amendment to CUP#303-08 Owner/Representative: David B Cole, Legal Description: Lots12, 13, 14,15,16 of HES 137, Sec 18, T4N, R4E (Legal Shortened), Location: Highway 385 across from Wild Bill Campground, Purpose: addition of two lots to original CUP for the rental of cabins, Zoning: PF. No public input was voiced and the hearing was closed. Moved-Seconded (Seward-Weisenberg) to approve the Amendment #303-08 for David Cole. Motion Carried.

CONDITIONAL USE PERMIT #360 / CALVARY TEMPLE ASSEMBLY OF GOD: A public hearing was held on Conditional Use Permit #360 / Owner/Representative: Calvary Temple Assembly of God, Legal Description: S ½ SE ¼ - Lots A & B Sub of Lots 10A & 11A, Section 33, T7N, R2E., Location: Old Hwy 14, Purpose: Church and classrooms, Zoning: SRD. No public input was voiced and the hearing was closed. Moved-Seconded (Seward-Weisenberg) to approve Conditional Use Permit #360 for Calvary Temple Assembly of God, with conditions on file in the Planning and Zoning Office. Motion Carried.

PLANNING & ZONING ORDINANCE #08-03: A public hearing and 1 st reading were held for the proposed Planning & Zoning Ordinance #08-03 Subdivision Ordinance. Vogt reviewed the proposed Ordinance 08-03. The second reading and continued public hearing will be June 10 th, 2008. Tom Brady, Bill Coburn and Marty O’Dea spoke on behalf of the document and thanked Amber Vogt & Bruce Outka and all involved for their hard work. Scott Reif expressed concerns on easements and will discuss further with Vogt.

PRELIMINARY PLAT BRIGHTER DAY SUBDIVISION: Moved-Seconded (Ewing- Thompson) to table the preliminary plat of Lots 1-13 Brighter Day Subdivision located on Two Bit Road, to allow Mattson to attend. Motion Carried. Seward-absent

PRELIMINARY PLAT TAHENCALA RIDGE SUBDIVISION: Moved-Seconded (Ewing- Weisenberg) to approve the preliminary plat of Lots 1-12 Tahencala Ridge Subdivision located on Upper Two Bit Road. Motion Carried. Seward-absent.

PRELIMINARY PLAT GREENVIEW ESTATES SUBDIVISION: Moved-Seconded (Thompson-Ewing) to approve the preliminary plat of Lots 1-19 Greenview Estates Subdivision located on SD Hwy 85 new O’Neill Pass. Motion Carried. Seward-absent.

CANCELLATION OF CONDITIONAL USE PERMIT #308B: Moved-Seconded (Ewing- Seward) to cancel CUP#308B Cellular Tower on Wheels located near Whitewood. Motion Carried.

PLANNING & ZONING ORDINANCE 08-01: 2 nd reading was held for the proposed Planning & Zoning Ordinance #08-01 International Building Code. Moved-Seconded (Douglas- Ewing) to approve and adopt Planning & Zoning Ordinance #08-01 International Building Code. Motion Carried. Seward-absent.

PLANNING & ZONING ORDINANCE 08-02: 2 nd reading was held for the proposed Planning & Zoning Ordinance #08-02 Fees. Moved-Seconded (Ewing-Thompson) to approve and adopt Planning & Zoning Ordinance #08-02 Fees. Motion Carried. Seward-absent.

ANNUAL REVIEW CUP#307 / RAMSEY: An annual review was held on Conditional Use Permit #307 for Ramsey Second Residence located on Rainbow Road.

AIRPORT PROJECT / PHASE III RUNWAY PAVING: Outka reported to the Board that the funding is in place for the Phase III Runway Paving Project. Moved-Seconded (Ewing- Thompson) to set the bid opening for June 10 th at 9:30 a.m. for Phase III of the Airport Project for the Runway Paving. Motion Carried.

AMENDMENT TO ORDINANCE #07-01 REGULATING THE INSTALLATION OF UTILITIES OR EXCAVATION WITHIN PUBLIC RIGHT OF WAYS. A public hearing and 1 st reading were held for the Amendment to Ordinance #07-01 Regulating The Installation Of Utilities Or Excavation Within Public Right Of Ways. Outka reviewed the proposed Amendment. No public input was voiced. The second reading and continued public hearing will be June 10 th , 2008 at 8:40 a.m.

HAZARDOUS FUEL PROGRAM & GRANT: Rob Mattox was present to request that Lawrence County sponsor a grant for the City of Deadwood. They would like to do approximately $100,000 of fuel reduction work in 2008. Outka will work with the City of Deadwood to assure the program does follow the grant procedure. Moved-Seconded (Ewing- Weisenberg) To enter into the grant agreement on behalf of the City of Deadwood for a period not to exceed two years for the Hazardous Fuels Program. Outka will be the liaison for the grant. Motion Carried. Seward-absent.

BILLS: Moved-Seconded (Thompson-Weisenberg) to approve payment of the following 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-$5,874.87; Aud-$6,566.32; Treas-$8,679.87; Comp-$5,377.53; States Atty- $12,731.07; Pub Def-$6,957.68; Gen Govt Bldg-$7,456.54; Equal-$12,839.84; Deeds-$7,658.37; Vso-$1,086.23; Disp-$9,557.25; Sher-$29,245.31; Jail-$18,369.29; Emerg Mgnt-$3,092.61; E911-$1,519.80; Highway-$40,212.48; Air-$915.60; Mh Serv-$560.00; Ext-$1,513.32; Weed- $2,342.42; Pz-$2,852.76; Bills: Culver,K-$34.06;Kellogg,S-$59.62; 9-1-1 Magazine-$64.95; A&B Business Equip-$198.38; A&I Distributors-$1,211.69; Abc Business Supply-$177.41; Active Data Systems-$58.93; Alco Store-$63.02; Alltel-$1,174.38; Amcon Distributing-$224.30; Asap Software Express-$1,660.00; At&T-$17.84; BH Chemical Company-$84.49; BH Federal Credit Union-$10,144.00; BH Pioneer-$2,251.67; BH Power & Light-$7,135.55; Baseco- $958.26; Big Sky Communications-$1,002.00; Bob Barker Company-$82.88; Bp-$119.90; Brady Pluimer, PC-$155.00; Braun Intertec Corp-$281.25; Butte County Sheriff-$49.94; Campbell Co Sheriffs-$120.00; Chain Saw Center/Dakota Equip-$19.95; Chris Supply Co- $185.00; Color Mystique-$85.00; Cooperative Extension Service-$141.37; Credit Collections Bureau-$180.00; Dept Of The Treasury-$43,762.55; Division Of Motor Veh-$13.00; Eddie's Truck Sales/Serv-$120,281.00; Election Sys & Software-$5,774.00; Ellingson,Joseph-$978.38; Express Collections-$100.00; Fastenal-$242.53; Fisher Sand & Gravel-$3,118.52; Foothills Contracting-$199,829.34; G&R Controls-$226.53; Godfrey's Brake Serv-$369.47; Hansen & Hubbard-$168.00; Havemeier,Leslie-$254.48; Heartland Paper Co-$1,410.65; Heisler Hardware- $71.50; Hero 247-$63.75; Hewlett-Packard Company-$390.00; Hickok's Iron Horse Inn-$89.87; Hills Material Comp-$928.90; Honeywell-$169.50; Huron Culvert & Tank Co-$18,443.52; Jacobs Precision Welding-$114.00; Johnson, Rodenbrug & Lauinger-$75.00; Kadrmas, Lee And Jackson-$64,144.34; Kieffer,Tracy-$40.80; Kinney,Matthew-$135.00; Knology-$1,853.05; Kosel,Joseph-$3,002.69; LC Journal-$54.00; LC Treasurer-$50.00; Lawson Products-$542.19; Lewis & Clark-$130.00; Macks Auto Body-$329.82; Midwest Alarm-$84.00; Montana-Dakota Util-$547.68; Morris Towing-$125.00; NJS Engineering-$5,666.60; Neve's Uniforms-$27.55; Noble Ink & Toner-$48.00; Office Of Child Support-$195.69; Office Technology/Supply- $17.02; P.I.E-$107,563.88; Pennington Co Jail-$1,615.40; Phillips Petroleum Co-$223.96; Postmaster, Deadwood-$106.00; Powerplan-$383.25; Quill-$136.70; Qwest-$186.15; RC Regional Hospital-$50.74; Radiology Associates-$8.76; Reindl,Staci-$7,772.21; SD Dept Of Transportation-$2,044.50; SD Human Services Center-$400.00; SD Paralegal Association- $37.50; Sand Creek Printing-$18.31; Sdrs Supplemental Retirement-$786.50; Servall Towel & Linen-$480.20; Sirchie Finger Print Lab-$424.29; Spearfish Auto Supply-$119.31; Spearfish Building Supply-$49.00; Spearfish City Of-$81,007.73; Spearfish Fire Dept-$14,000.00; Spearfish Police Dept-$3,854.08; Sturgis Fire Department-$2,332.77; Tigerdirect-$547.97; Triple K Tire & Repair-$426.70; Twin City Hardware & Lumber-$264.26; United Parcel Service-$33.16; Verizon Wireless-$1,158.20; Victims Of Violence-$780.00; Walmart Store- $258.59; Wells Fargo Business Card-$1,752.71; Western Communication-$60.50; Western Sd Juvenile Serv-$1,800.00; Zep Manufacturing Co-$180.13; Witness & Jurors: Custis,D-$61.10; Gilles,A-$52.22; Hartl,S-$63.32; Koch,T-$64.80; Lanphear,J-$51.48; Meverden,R-$61.84; Papenfuss,T-$61.10; Stagner,R-$52.22; Anderson,V-$29.62; Pilatos,T-$23.70; Bandalos,K- $31.10; Bidwell,R-$32.95; Colombe,C-$69.60; Kosel,J-$22.96; Mcreery,R-$31.10; Moreland,M-$89.56; Apa,J-$20.37; Balisheri,L-$20.00; Black,D-$23.33; Churchill,J-$25.55; Deis,K-$20.00; Ellendorf,D-$35.54; Fraiser,J-$25.55; Hall,R-$20.00; Haltiner,D-$20.00; Hart,M-$57.00; Isaak,J-$20.00; Isaak,K-$20.00; Jennings,M-$40.72; Keck,S-$20.00; Keim,Dr Richard-$31.10; Lahren,A-$31.84; Leikvold,D-$22.22; Lolley,G-$20.00; Maxwell,T-$25.55; Medley,S-$22.22; Millard,C-$73.28; Mills,S-$20.00; Moser,C-$50.71; Oday,W-$31.10; Pray,R- $20.00; Rang,B-$20.00; Rantapaa,M-$21.11; Rauscher,K-$31.84; Ruleaux,K-$20.00; Weimer,M-$20.00

ADJOURN: 11:03 a.m. there being no further business it was Moved-Seconded (Thompson- Weisenberg) to adjourn. Motion Carried. Seward-absent.

______Date Approved

______Terry W. Weisenberg, Chairperson ATTEST:

______Connie Atkinson, Auditor LAWRENCE COUNTY COMMISSIONERS MEETING – June 5, 2008

Terry W. Weisenberg called the special meeting of the Lawrence County Commissioners to order at 8:00 a.m. on June 5, 2008 in the Administrative Annex Building of the Lawrence County Courthouse located at 90 Sherman Street, Deadwood, SD with Commissioners, Connie H. Douglas and James J. Seward present. Bob Ewing and Tommy Thompson absent.

All motions were passed by unanimous vote, by all members present, unless stated otherwise.

LITIGATION: Bruce Outka updated the Board on a Notice of Appeal on the Board of Equalization. The Board will discuss at the next regular meeting.

2008 PRIMARY ELECTION: Moved-Seconded (Douglas-Weisenberg) to canvass the 2008 Primary Election Results for Lawrence County. Motion Carried

ONSITE ROO RANCH CONDITIONAL USE PERMIT: An onsite was conducted for the Roo Ranch Conditional Use Permit.

ONSITE SPIRIT OF THE HILLS WILDLIFE SANCTUARY: The onsite of the Spirit of the Hills Wildlife Sanctuary was cancelled due to the weather and flooding conditions.

ADJOURN: 8:41 a.m. there being no further business it was Moved-Seconded (Seward- Weisenberg) to adjourn. Motion Carried. ______Date Approved

______Terry W. Weisenberg, Chairperson ATTEST:

______Connie Atkinson, Auditor LAWRENCE COUNTY COMMISSIONERS MEETING – June 10, 2008

Terry W. Weisenberg called the regular meeting of the Lawrence County Commissioners to order at 8:00 a.m. on June 10, 2008 in the Administrative Annex Building of the Lawrence County Courthouse located at 90 Sherman Street, Deadwood, SD with Commissioners, Bob Ewing, and Tommy Thompson present. Connie H. Douglas and James J. Seward was absent.

All motions were passed by unanimous vote, by all members present, unless stated otherwise.

AGENDA: Moved-Seconded (Thompson-Ewing) to approve the agenda as amended. Motion Carried.

MINUTES: Moved-Seconded (Thompson-Weisenberg) to approve the minutes of May 27, 2008 and June 5, 2008 County Commission meeting. Motion Carried.

PERSONNEL: TREASURER: Moved-Second (Thompson-Weisenberg) To approve Julia Adams as an Accounting Clerk G1 at the base rate of $11.32 an hour, effective June 23, 2008. Motion Carried.

TRAVEL REQUESTS: EQUALIZATION: Moved-Seconded (Ewing-Weisenberg) to approve the travel request for Brett Runge to attend the USPAP Certification workshop in Pierre, SD on July 9-11, 2008. Motion Carried.

FACILITIES/GROUNDS USAGE POLICY: Moved-Seconded (Thompson-Weisenberg) to approve and authorize the Chairman to sign the following Facilities/Grounds Usage Policy Resolution #08-18. Motion Carried. Resolution No. 08-18 A Resolution Establishing A Policy And Application Procedure For Use of County Facilities And Grounds: WHEREAS, Lawrence County has limited facilities available for use by the public it is nonetheless appropriate to establish use guidelines and an application process for the use of County facilities and grounds, and after full consideration thereof; NOW, THEREFORE BE IT RESOLVED, that the application and guidelines attached hereto shall be those adopted for the approval and use of Count facilities and grounds. Dated this 10 th day of June, 2008. TERRY W. WEISENBERG, Chairman. ATTEST: Connie Atkinson, Auditor.

AUDITOR’S ACCOUNT WITH TREASURER REPORT: Moved-Seconded (Ewing- Thompson) to accept the following report as read by the Auditor. Motion Carried. Auditor's Account with the County Treasurer: as of May 31, 2008 showed the following: Total amount of actual cash-$1,250.00; Total amount of Checks and drafts in Treasurer's possession not exceeding three days (check deposit in transit)-$30,601.02; Total amount of cash in transit in Treasurer's possession (cash deposit in transit)-$3,643.60; Petty Cash-$1,635.00; Total amount of deposits in bank include: CD's-$5,700,000; Savings $259,876.92, Money Market $517,074.18; Bank Balance-$6,493,941.04; Total $13,008,021.76.

FUEL QUOTES: The following fuel quotes were submitted as of June 10, 2008: Spearfish Diesel 4500 Gallons: (prices per gallon) Cenex Oil Co. 4.106, Southside Oil - $4.259; Rollin Oil – no bid M.G. Oil Co. $4.0859* (*represents lowest quote). Spearfish Unleaded 1000 Gallons: (prices per gallon) Cenex Oil Co. $3.688; Southside Oil - $3.699; Rollin Oil – no bid M.G. Oil Co. $3.5837* (*represents lowest quote). Deadwood Diesel 5700 Gallons: (prices per gallon) Cenex Oil Co. 4.086, Southside Oil - $4.23; Rollin Oil – no bid M.G. Oil Co. $4.0859* (*represents lowest quote). Deadwood Unleaded 5300 Gallons: (prices per gallon) Cenex Oil Co. $3.668; Southside Oil - $3.67; Rollin Oil – no bid M.G. Oil Co. $3.5837* (*represents lowest quote).

ANNUAL MALT BEVERAGE LICENSE RENEWALS: A public hearing was held on the renewal of the applications for 2008-2009 Malt Beverage licenses and for new On-Off sale Malt Beverage Licenses. No public input was voiced and the hearing was closed. Moved-Seconded (Thompson-Ewing) to approve the following 2008-2009 Malt Beverage Licenses Motion Carried: CLASS - PACKAGE (OFF-SALE) MALT BEVERAGE: BAREFOOT COUNCIL OF CO OWNERS (BAREFOOT RESORT) 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. TOMAHAWK LAKE COUNTRY CLUB, P art HES 57 more fully described in Book 222, Page 476 & 477, Office of Lawrence County Register Deeds. CLASS - RETAIL (ON-OFF SALE) MALT BEVERAGE: KELLEY FAMILY INC., (HIDDEN VALLEY CAMPGROUND), Lot G- 1-A, HES 297, Sections 18 & 19, T4N, R4E. BLACK HILLS HOSPITALITY, INC (FISH 'N FRY CAMPGROUND) Lots 1 & 2, subdivision of a portion of H.E.S. 297, in Section 18 & 19, T4N, R4E, BHM, Lawrence County, SD according to Plat Book 1, page 317, except Lot A of Lot 2 of the Subdivision of HES 297, according to Plat Doc #78-1596. JANELL F. ANDIS, (CUSTER CROSSING) Pt Tract B-1 of HES 246, Section 21, T3, R4. WILD BILL'S CAMPGROUND & RESORT Lot E & Lot E-2 of HES 137 located in S17 & 18, T4N, R4E, BHM, except Lot E-1 & E-3 of Subd Lot E & except Lots H1 & H2 in Lot E, Tract No. 0091A in S18 & Tract 0091B S17, T4N, R4E. SPEARFISH CANYON RESORTS (LATCHSTRING VILLAGE) 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.. DST PROPERTIES INC. (THE VALLEY CORNER) Lot 1 & Pt Lot 2, NW1/4NW1/4, Subdivision of Section 3, T6N, R2E., B.H.M. TRAILSHEAD LODGE, INC., Lot 4 O'Neill Pass Ranchettes S/D of HES 617, Section 20, T3, R1, B.H.M. CHEYENNE CROSSING STORE Lot C-3 of Meadow 1-2-3 Lodes of MS 1564, NW1/4 S22, T4N, R2E. LONNY & SUSAN SMITH (ST.ONGE STORE) Lots 1 & 2, Block 8, St.Onge. STEVEN W. SHARP, (KOA SPEARFISH) 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.. RONALD & LISA JORGENSON, (BOONDOCKS) PT HES 54 Tract C Section 25 T4N, R3E, B.H.M. SEVEN DOWN, LLC Tract 7, Section 27, T6N, R3E. STEEL WHEEL LLC (STEEL WHEEL CONVENIENCE STORE) Tract “D” Revised, formerly Tract “D” of HES 297, S18 & 19, T4N, R4E. STEEL WHEEL LLC (RENEGADES BAR & GRILL) Tract “D” Revised, formerly Tract “D” of HES 297, Section 18 & 19, T4N, R4E. JOE MOAK III / LONE STAR RESTAURANT: Lot 3A2. of Tract 3A, A sub of Jay1,2,3, Fay #3, Herbert Steel Fraction H0200, 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. JANICE G. KABERNA, (HOM CAMPGROUND) Lot A of CRM Ex Tract 1 (10.01) and Lot 2. Sec 27-T3-R5 of Black Hills. BLACK HILLS CHAIRLIFT CO.INC. Section 1-2-11 & 12, Township 4 north, Range 2 east, B.H.M. JOHN D. BELL (BELL LTD) Tract 59 Section 7, T2N, R3E, BHM. NEMO GUEST RANCH BUSINESS ENTERPRISE (NEMO GUEST RANCH & RESTAURANT) Lots 1, 2 and 3 of Nemo Guest Ranch Sub, a sub of tract 4-T of Nemo Placer MS1368. CROW PEAK BREWING COMPANY, LLC: Lot Y-1, located in NE1/4NE1/4, S4, T6N, R2E., MYSTIC HILLS CABINS & CAMPGROUND M.S.1748 Fennia #1; M.S.1748 St John Claim; M.S. 1748 St John #1 (8.78 Ac) & St John #2 (7.90 Ac); M.S. 1748 St John #3 (8.85 Ac) & St John #4 (8.83 Ac). All Located in Section 1, T3N, R3E. TODD MASTRORILLI (TROUT HAVEN): Tract 1 & 2 S/D of SW1/4 W1/4, T2, R5, Section 7.

A public hearing was held for the new license applications. No public input was voiced and the hearing was closed. Moved-Seconded (Ewing-Thompson) to approve the following 2008-2009 New Malt Beverage Licenses Motion Carried: CLASS -RETAIL (ON-OFF SALE) MALT BEVERAGE: NEMO GUEST RANCH BUSINESS ENTERPRISE (NEMO GUEST RANCH CONVENIENCE STORE) Lots 1, 2 and 3 of Nemo Guest Ranch Sub, a sub of tract 4-T of Nemo Placer MS1368; FRANK BOYLE, Easy Glider 22493 US Hwy 385 So., Deadwood, SD: Lot L Sec 7., T2N, R5E, BHM, Lawrence County. 05000-00205-073-10. Motion Carried.

ANNEX BUILDING ROOF: The following bids were received for the Administrative Annex Re-Roof Project: Black Hills Roofing $68,208 and Lowe Roofing $54,875. Moved-Seconded (Thompson-Weisenberg) to follow the recommendation of Dick Birk and accept the low bid from Lowe Roofing for $54,875.00. Motion Carried.

The skylights were damaged by hail and have been turned into the insurance company. Birk stated they are working on repairing the skylights regardless of the outcome from the insurance company, as they need to be replaced.

US WEST COMMUNICATIONS UTLITY PERMIT: Moved-Seconded (Ewing- Weisenberg) to approve the Utility Permit for US West Communications located at Brighter Day Subdivision on Two Bit Road to 21016 Two Bit Rd. Motion Carried.

AMENDMENT TO ORDINANCE #07-01 REGULATING THE INSTALLATION OF UTILITIES OR EXCAVATION WITHIN PUBLIC RIGHT OF WAYS. A public hearing and 2 nd reading were held for the Amendment to Ordinance #07-01 Regulating The Installation Of Utilities Or Excavation Within Public Right Of Ways. No public input was voiced and the hearing was closed. Moved-Seconded (Thompson-Ewing) to approve and adopt the Amendment to Ordinance #07-01 An Ordinance To Regulate The Installation Of Utilities Or Excavation Within Public Right Of Ways. Motion Carried.

CORONER CALLS & FEES: Randall Rosenau, County Coroner, was present to discuss the current fees for the Coroner. Rosenau requested an increase in fees to $100 per call and discussed the fees in surrounding Counties. Moved-Seconded (Ewing-Thompson) to increase the Coroner fees to $100.00 per call, effective June 10, 2008. Motion Carried.

PLANNING & ZONING

PRELIMINARY PLAT BRIGHTER DAY SUBDIVISION: Moved-Seconded (Ewing- Thompson) to bring off the table the Brighter Day Subdivision Plat. Motion Carried. Moved- Seconded (Ewing-Weisenberg) to approve the Preliminary Plat for Lots 1-13 Brighter Day Subdivision located on Two Bit Road. Motion Carried.

Tammy Reif and Jeanne Reif expressed concerns about the secondary access route across Reif Lane. Mattson stated it is not anyone’s intention to increase traffic onto Reif Lane. Emergency access would be through 385 and the only access would be for emergency situations. Mattson stated gates will be installed on the road he built to try and eliminate additional traffic on Reif Lane. Mattson stated he will send a letter to the County stating his intention to install gates. Scott Reif questioned why they don’t go though the Golden Crest Road. Mattson explained you would have to access through the Forest Service Road.

PHASE III AIRPORT PROJECT GRANT APPLICATION: Moved-Seconded (Ewing- Thompson) to approve and authorize the Chairman to sign the Application for Assistance for the Runway 12-21 Extension Grant Application. Motion Carried.

Moved-Seconded (Ewing-Weisenberg) to approve and authorize the Chairman to sign the offer of acceptance when the application is approved. Motion Carried.

PHASE III AIRPORT PROJECT RUNWAY PAVING: The following bids were received for the Phase III Airport Project Runway: Hills Materials - $3,156,575.90; and Quinn Construction - $3,891,999.00. Moved-Seconded (Ewing-Thompson) to table the bids for the Phase III Airport Project Runway Paving to allow time to review the bids. Motion Carried.

ANNUAL REVIEW – ROO RANCH: An annual review was held for the Roo Ranch Conditional Use Permit. Vogt reviewed the complaints on file and conditions for the Roo Ranch. The Board conducted an onsite of the facility on June 5, 2008. Samantha Burleson was present and represented the Roo Ranch.

Burleson stated the spot lights are on personal property and will be taken down within a couple of days when the fences are completed. Netting will also be taken down when the fences are complete. The barns are cleaned every day of waste and disposed of in the dumpsters and taken to the land fill. Some is spread for fertilizer on property.

Weisenberg stated after review he felt the number of animals is excessive at the Roo Ranch. According to the file on report they currently have 67 adult kangaroo’s on site. They have lama’s, emu’s and additional animals for a total of 113 animals.

Thompson stated they went from a petting zoo to a breeding farm. Thompson stated he feels the permit needs to have a limit of animals on site. Moved-Seconded (Ewing-Weisenberg) to table the annual review to allow a full board of Commissioners to be present to discuss the issue further. Motion Carried.

EXECUTIVE SESSION / LITIGATION: 10:08 a.m. Moved-Seconded (Ewing-Thompson) to go into executive session to discuss litigation. Motion Carried. 10:20 a.m. reopened.

Bruce Outka updated the Board on a Notice of Appeal on the Board of Equalization. Outka recommended contracting with Tom Brady to represent the County as the State Attorney’s Office would have a conflict of interest and he would be affected by the conflict of interest.

Moved-Seconded (Ewing-Weisenberg) to contract with Tom Brady to represent the County in this law suit. Motion Carried.

EMERGENCY DECLARATION / LAWRENCE COUNTY FLOOD DAMAGE: Paul Thomson stated he has been out in the County assisting in the damage assessment for public infrastructure with the County Highway Department. Thomson recommended the County pass a resolution declaring an emergency.

Moved-Seconded (Ewing-Thompson) To approve and authorize the Chairman to sign the following Lawrence County Resolution #2008-17 Resolution For Declaration of Emergency / Disaster. Motion Carried.

LAWRENCE COUNTY RESOLUTION # 2008-17 RESOLUTION FOR DECLARATION OF EMERGENCY/DISASTER WHEREAS, Lawrence County, South Dakota, has suffered damage brought on by flooding on the date of June 5, 2008. High rising water caused by intense heavy rains has impacted 28 County roads completely washing out sections of roads and culverts in several locations and causing damage to other roadways. WHEREAS, Lawrence County has committed all available resources and taken all possible action within the jurisdictional boundaries to combat and to alleviate the emergency/disaster and local resources are not adequate to cope with the situation. NOW, THEREFORE, BE IT RESOLVED, by the Lawrence County Board of Commissioners at a regular meeting held on June 10, 2008, it is hereby requested that the Governor declare an emergency/disaster to exist in the County of Lawrence. Dated this 10th day of June, 2008. FOR THE BOARD: Terry W. Weisenberg, CHAIRMAN. ATTEST: Connie Atkinson, AUDITOR

ANNUAL REVIEW WHARF & GOLDEN REWARD MINING CONDITIONAL USE PERMITS: The Annual Reviews were conducted for The Golden Reward Mining Company L.P. Conditional Use Permit #126 and Wharf Resources Conditional Use Permit #224.

PLANNING & ZONING ORDINANCE #08-03: A public hearing and 2 ND reading were held for the proposed Planning & Zoning Ordinance #08-03 Subdivision Ordinance. Vogt reviewed the proposed Ordinance 08-03 and stated they have reviewed the NFPA Codes and references. Vogt stated they have come to an agreement but are not ready to present in final form. Moved- Seconded (Ewing-Thompson) to follow the recommendation of Vogt and Outka to continue the public hearing and hold a 3 rd reading for the proposed Planning & Zoning Ordinance #08-03. Motion Carried.

BILLS: Moved-Seconded (Thompson-Weisenberg) to approve payment of the following 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-$5,914.87; Aud-$6,838.00; Treas-$8,679.87; Comp-$5,440.01; States Atty-

$12,717.37; Pub Def-$6,957.68; Gen Govt Bldg-$7,050.57; Equal-$13,624.63; Deeds-$7,658.38; Vso-$1,086.23; Disp-$10,128.74; Sher-$19,123.00; Emerg Mgnt-$3,194.61; E911-$1,519.80; Highway-$33,500.99; Air-$1,115.60; Ext-$1,299.20; Weed-$5,220.21; Pz-$ 2,633.76; Bills; Mcgruder,B-$38.28; Mowell,R-$8,436.00; Rombough,D-$50.32; Heck,D-$27.00; American Family Life-$3,216.04; BH Federal Credit Union-$10,144.00; Credit Collections Bureau- $180.00; Deadwood Recreation Center-$172.00; Delta Dental Of South Dakota-$5,033.60; Dept Of The Treasury-$42,930.37; Express Collections-$100.00; Hartford-Priority Accounts- $1,413.45; Johnson, Rodenbrug & Lauinger-$75.00; LC Treasurer-$50.00; Medica-$50,602.12; NH Family Ymca-$448.40; Office Of Child Support-$195.69; SD Retirement System- $69,923.47; Sdrs Supplemental Retirement-$786.50; A&B Business Equip-$1,476.12; A&B Welding Supply-$30.00; A&J Supply-$51.00; Abc Business Supply-$143.73; Accurint Account- $75.00; Active Data Systems-$3,065.00; Amcon Distributing-$188.16; Anderson Oil Co-$76.18; BH Chemical Company-$1,234.36; BH Land Analysis-$270.00; BH Pest Control-$95.00; BH Power & Light-$581.23; Bee Connected-Express Wireless-$20.00; Belle Fourche Landfill- $20.20; Best Business Prod-$19.26; Black Hills Pure-$22.00; Brownsville Fire Dept-$11,487.00; Butler Machinery Co-$293.58; Butte County Sheriff-$48.60; Butte Electric Coop-$468.84; Carol Butzman Consluting-$467.24; Central Business Supply-$2,330.34; Central Parts-$918.60; Chemical Sanitizing Sys-$114.66; Chemsearch-$207.63; Chris Supply Co-$123.76; Christensen Law Office-$240.00; City/County Alcohol &Drug-$625.00; Community Health Services- $138.00; Conoco-$905.50; Culligan Soft Water Serv-$114.00; Dakota Trails Conv Store-$91.06; Dale's Tire & Retread-$5,494.20; Deadwood Home Center-$41.68; Deadwood, City Of-$568.03; Dietrich,Donna-$134.34; Division Of Motor Veh-$16.00; Ensignal-$29.99; Evercom Systems- $2,226.00; Fastenal-$96.56; First Western Bank-$1,881.20; Fisher Sand & Gravel-$3,743.61; Fleet Services-$195.98; Four Seasons Sports Center-$7,602.96; Fsh Communications-$60.00; Gene's Lock Shop-$185.00; Glo Germ Company-$93.95; Godfrey's Brake Serv-$110.60; Great Western Tire-$1,198.40; Greens Alignment-$385.99; Hamann,Chris-$135.00; Havemeier,L- $116.00; Heisler Hardware-$12.78; Helleau Property Management-$350.00; Hewlett-Packard Company-$1,464.00; Hickok's Iron Horse Inn-$63.73; Hills Material Comp-$6,311.63; Hillside Disposal Service-$75.00; Iga-$25.64; JD Evans-$1,077.62; JH Hilt Engineering-$900.00; Jacobs Precision Welding-$14.00; Janz, Donald-$425.00; Jenner Equipment Co-$496.03; Jurgens Printing-$94.50; Kimball-Midwest Co-$357.24; Kimbell's Auto Repair-$313.17; Knology- $181.42; Kooistra,N-$15.00; Kosel,J-$4,166.67; LC Journal-$1,411.55; LC Sheriff-$392.13; Labcorp Of America Holdings-$16.06; Lead, City Of-$28.00; Lead-Deadwood Reg Hospital- $46.25; Lead-Deadwood Regional-$728.99; Lead-Deadwood Regional Hospital-$480.00; Lead- Deadwood Sanitary-$326.88; Lee,James-$15.00; Lewis & Clark Bhs-$130.00; Mcclure,Susan- $315.00; Meade County Sheriff-$33.20; Minnwest Bank Sioux Falls-$171.03; Montana-Dakota Util-$4,830.98; NJS Engineering-$2,173.90; Nelson,Tonya-$450.00; Neve's Uniforms-$188.90; Northern Hills Casa-$6,000.00; Occupational Health Network-$38.00; Office Technology/Supply-$55.61; Outdoor Motor Sports-$1,365.35; Pennington Co Auditor-$67.00; Quill Corp-$151.73; Qwest-$1,198.42; Rabe Elevator-$353.04; Radio Shack/Kazco-$62.97; Radiology Associates-$8.76; Rehfuss, Cathryn-$15.00; Reindl,Staci-$3,517.58; Rocket Lube- $71.97; SD Aao-$275.00; SD State Treasurer-$1,310.50; Safeway-$196.56; Schuchmann,B- $16.50; Servall Towel & Linen-$299.18; Seward & Odenbach-$1,824.31; Spearfish Auto Supply-$388.20; Spearfish City Of-$272.60; Spearfish Police Dept-$15.59; Stretch's Glass & Mirror-$346.16; Superior Lamp And Supply-$363.03; Tellinghuisen & Gordon-$1,380.56; Tigerdirect-$761.99; Triple K Tire & Repair-$171.48; Twin City Hardware & Lumber-$360.85; United Building Centers-$31.99; United Parcel Service-$91.97; Voelker & Adams-$264.00; Waste Connections-$276.75; Western Communication-$810.55; Williams Rentals-$300.00; Wolff's Plumbing & Heating-$288.16; Xerox Corporation-$54.18; Witness, Juror & Election Workers: Bretz,D-$52.96; Peacemaker,E-$62.58; Proctor,D-$53.70; Richards,M-$55.92; Schuttler,R-$61.10; Showman,S-$62.58; Trapp,J-$57.40; Crotty,J-$31.10; Black,D-$23.33; Rantapaa,M-$21.11; Anders,R-$21.48; Bailey,J-$31.84; Balkenhal,F-$20.74; Block,K-$31.10; Heinbaugh,V-$31.10; Huffman,D-$31.10; Leith,W-$34.06; Robataille,M-$31.10; Rossi,D- $20.00; Williams,J-$31.10; Rear,K-$120.00; Aman,B-$120.00; Burleson,A-$120.00; Burleson,S-$120.00; Caserio,B-$36.00; Caserio,M-$120.00; Cook,S-$111.10; Frederickson,J- $63.05; Geigle,E-$157.58; Grubb,F-$120.00; Gustafson,A-$100.00; Hoffman,D-$120.00; Holso,C-$120.00; Hovland,A-$145.00; Howe,M-$120.00; Hughes,L-$120.00; Hunt,D-$156.10; Kellogg,D-$145.00; Keough,M-$118.50; Little,C-$120.00; Littleton,D-$120.00; Loken,M- $120.00; Loree,J-$120.00; Loree,J-$120.00; Mattson,D-$120.00; Mccormick,R-$136.10; Mcgrath,M-$127.22; Mundhenke,B-$120.00; Pawlowski,L-$120.00; Quaschnick,E-$145.00; Robidou,E-$145.00; Rotert,J-$100.00; Robinson,B-$120.00;

Sandidge,V-$100.00; Schenk,D-$120.00; Seward,S-$120.00; Seymour,C-$156.10; Silvernail,G- $145.00; Taylor,J-$154.62; Tetrault,R-$100.00; Adams,T-$36.00; Trent,J-$156.10; Waisanen,A- $120.00

ADJOURN: 11:11 a.m. there being no further business it was Moved-Seconded (Ewing- Weisenberg) to adjourn. Motion Carried. ______Date Approved

______Terry W. Weisenberg, Chairperson ATTEST:

______Connie Atkinson, Auditor LAWRENCE COUNTY COMMISSIONERS MEETING – June 24, 2008

Terry W. Weisenberg called the regular meeting of the Lawrence County Commissioners to order at 8:00 a.m. on June 24, 2008 in the Administrative Annex Building of the Lawrence County Courthouse located at 90 Sherman Street, Deadwood, SD with Commissioners, Connie H. Douglas, Bob Ewing, James J. Seward, and Tommy Thompson present.

All motions were passed by unanimous vote, by all members present, unless stated otherwise.

AGENDA: Moved-Seconded (Thompson-Weisenberg) to approve the agenda. Motion Carried.

MINUTES: Moved-Seconded (Ewing-Thompson) to approve the minutes of June 10, 2008 County Commission meeting. Motion Carried.

SEPTEMBER MEETINGS: Moved-Seconded (Ewing-Weisenberg) to set one meeting in August for the 19 th and the September Meetings for the 2 nd & 16 th , 2008. Motion Carried. Aye- 4, Nay-Seward.

PERSONNEL: TREASURER: Moved-Seconded (Thompson-Weisenberg) to approve Carleen Brownlow as Accounting Clerk G2 at the base rate of $12.01 an hour, effective 7-21-2008. Motion Carried.

REGISTER OF DEEDS: Judy Meverden, Register of Deeds, submitted her letter of resignation effective August 15, 2008, at 5:00 p.m..

TRAVEL REQUESTS: PLANNING & ZONING: Moved-Seconded (Ewing-Weisenberg) to approve the travel request for Amber Vogt and Sherryl Schulz to attend the 2008 Western Planners in Cheyenne, WY on August 5-8, 2008. Motion Carried.

JAIL MEDICAL SERVICES CONTRACT: Moved-Seconded (Ewing-Seward) to approve and authorize the Chairman to sign the Jail Medical Services Contract with Lead/Deadwood Regional Hospital. Motion Carried.

GILT EDGE MINE CLEANUP PLAN COMMENTS: Moved-Seconded (Seward- Thompson) to select alternate 5 as the preferred alternate for the Gilt Edge Mine Cleanup Plan; and to authorize Weisenberg to draft comments, to be emailed upon approval of the Board. Motion Carried.

ON-OFF SALE MALT BEVERAGE & SD FARM WINE LICENSE : A public hearing was held on the application for 2008-2009 Malt Beverage license. No public input was voiced and the hearing was closed. Moved-Seconded (Douglas-Seward) to approve the following 2008-2009 Malt Beverage License Class -Retail (On-Off Sale) Malt Beverage& SD Farm Wine: GI Outpost Inc., (Deadwood KOA) M.S. #601, Sec. 28, T5N, R3E, and lot 1A of M.S. #108. Motion Carried.

STATE AND LOCAL AGREEMENT ADDENDUM / EMERGENCY MANAGEMENT: Moved-Seconded (Ewing-Thompson) to approve and authorize the Chairman to sign the Addendum to the State and Local Agreement. Motion Carried.

HIGHWAY BUSINESS:

UTILITY PERMITS: BLACK HILLS POWER: Moved-Seconded (Thompson-Ewing) to approve and authorize the Chairman to sign the Utility Permit for Black Hills Power on 21464 Hanna Road to provide electricity to a customer. Motion Carried.

ACCESS PERMITS: ELSOM: Moved-Seconded (Ewing-Seward) to approve and authorize the Chairman to sign the two Access Permits for David & Margaret Elsom in T6N, R2E, Section 17 on the McQuigan and Tinton Road. Motion Carried.

ASSESSMENT UPDATE: Darlene Piekkola presented an update to the Assessments in Lawrence County. Lawrence County realized about $65 million in growth and an increase in assessment of approximately $210 million.

PLANNING & ZONING:

CONDITIONAL USE PERMIT #359 / ELVIN LONG: A public hearing was held on Conditional Use Permit #359 Elvin Long-Wind Energy Conversion System, Owner/Representative: Elvin Long, Legal Description: Lot 1 of Strawberry Hill Subdivision, Section 18, T4N, R4E., Location: Hwy 385, Purpose: Wind Energy Conversion System, Zoning: PF. No public input was voiced and the hearing was closed. Douglas questioned if this would be taxable income to the individual. Vogt will check with the Sales Tax Division.

Moved Seconded (Seward-Weisenberg) to follow Planning and Zoning recommendation and approve Conditional Use Permit #359, with conditions as on file in the Planning & Zoning Office. Motion Carried.

1st READING CHANGE OF ZONING #277 / DENNY REHORST & JASON RICHARDS: A public hearing and 1 st reading were held on COZ #277-Denny Rehorst and Jason Richards-A-1 to RR. Owner/Representative: Denny, Julie and Beulah Rehorst/Jason and Lindsey Richards, Legal Description: SW ¼ NW ¼ including S 32’ of NW ¼ NW ¼, Section 26, T7N, R3E., Location: St. Onge, Purpose: Subdivision to allow family to live on same parcel, and to address floodplain issues. This coincides with a plat of property and a CUP for an existing 2 nd residence use., Zoning: Present Zoning A-1, Proposed Zoning RR. No public input was voiced and the hearing was closed.

Moved-Seconded (Ewing-Seward) to approve Change of Zoning #277 for Rehorst/Richards. Motion Carried.

RECESS: 9:30 a.m. Moved-Seconded (Douglas-Seward) to recess the County Commission Meeting. Motion Carried. 9:38 a.m. The Chairman called the meeting back to order.

BUILDING PERMITS / SPEARFISH CANYON HOMEOWNERS ARCHITECTURAL REVIEW COMMITTEE AREA: Vogt discussed the Spearfish Canyon Homeowners Architectural Review Committee and the requirement that the County has to have their approval before a building permit is issued, according to the 1996 Commission Minutes. Vogt stated they do not do this for any other association in the County. Vogt stated she feels the County should do for all or none, and her recommendation is not to do for any. Jim Nelson and Carol Reausaw were present to request the County continue to honor their review as in the past.

Outka expressed concerns about the position the County is being put in because the applicant may meet County specs and are denied a building permit because they don’t meet the Architectural Review Committee requirements. Outka suggested a disclaimer on the building permits stating they must contact the Homeowners Associations, State and Federal agencies for any additional requirements, prior to building.

Weisenberg stated his objections to the current process of prior approval of building permits within the Spearfish Canyon Homeowners Architectural Review Committee Area, after Outka and Vogt voiced their displeasure with the additional requirements: 1) all land in Lawrence County is unique, 2) this creates undue work for Lawrence County Planning and Zoning, 3) any lawsuit that will arise will cause us to pay their attorney’s fees which is unwise use of tax dollars, 4) we will be asked to enforce covenants that we have no input into by an unelected board. Douglas also stated she was in support of changing the process. Seward, Ewing and Thompson stated they were in support of the process as stands. Outka and Vogt will work to include the Spearfish Canyon Architectural Committee requirement in the Ordinance.

ABATEMENTS: M&W ENTERPRISES: Moved-Seconded (Douglas-Seward) To approve the Abatement for M&W Enterprises on parcel #32655-01600-020-00, because the Tiff Base was incorrectly calculated. Motion Carried.

AMIGOS LLC: Moved-Seconded (Ewing-Seward) To approve the Abatement for Amigos LLC on parcel #32460-00000-000-38, because the Tiff Base was incorrectly calculated. Motion Carried.

AMIGOS LLC: Moved-Seconded (Ewing-Thompson) To approve the Abatement for Amigos LLC on parcel #32460-00000-000-45, because the Tiff Base was incorrectly calculated. Motion Carried.

ANNUAL REVIEW – ROO RANCH: Moved-Seconded (Ewing-Weisenberg) to take from the table the annual review of the Roo Ranch. Motion Carried. An annual review was held for the Roo Ranch Conditional Use Permit. Vogt reported that the USDA stated they have met all of their inspections and licensing, and they do not limit the number of animals. Bell stated when an animal passes away they are taken to a Vet in Rapid and they are then cremated. The netting has been taken down because the fence has been completed. Vogt stated the only reason they need a CUP is because they are exhibiting the Roo’s. They can breed and have them without a CUP because they are AG. Vogt stated the County doesn’t have any ordinances on the number of animals someone can have. Vogt discussed the complaints they received. Some complaints are on their private property and not on the CUP property. Bell’s stated the lights will be turned off unless they need to turn them on to check their property. They currently have 67 animals on their private property and 45 on the CUP property. Douglas asked Vogt if there any conditions on the CUP that they are not in compliance with. Vogt stated the only one would be to keep the property in neat order, and that would be questionable, depending on who you talk to. Douglas felt they should be given notice that the outside area needs to be kept neater, where it is visible from nearby property owners, and from the road. Douglas did not feel the issues would be evidence enough to cancel the CUP.

Kenny Allen neighbor in the area stated when they started it was Belltek and now it is a ranch. Vogt stated they have two CUP’s, one for the Belltek and one for the Roo Ranch. Ron Burns and Spencer Allan expressed concerns about the drain field that has washed out and depositing into neighboring property. Vogt stated they need to contact DENR. Vogt state she will also check with DENR on the issue.

Moved-Seconded (Thompson-Weisenberg) to conduct an annual review in six months. Motion Carried.

PHASE III AIRPORT PROJECT RUNWAY PAVING: Moved-Seconded (Ewing- Thompson) to take from the table the Phase III Airport Project Runway Paving Bids. Motion Carried.

Moved-Seconded (Seward-Weisenberg) To waive any irregularities, accept the low bid from Hills Material for the Phase III Airport Project Runway Paving Project, except AWOS Access Road alternate, and to allow the Chairman to sign contract documents. Motion Carried.

Moved-Seconded (Ewing-Seward) to approve and authorize the Chairman to sign the Notice of Award Document. Motion Carried.

PLANNING & ZONING ORDINANCE #08-03: A public hearing and 3 RD reading were held for the proposed Planning & Zoning Ordinance #08-03 Subdivision Ordinance. Vogt reviewed the proposed Ordinance 08-03 and any changes made. Vogt stated she has some concerns with the requirements within the Ordinance. Brad Ellis expressed concerns on Chapter 6, page 5, section 1.6. because almost all other jurisdictions allow engineers to do the preliminary plat, but the new ordinance would only be allowed by a surveyor. Ellis also stated some of the water flows for the fire section seem to be excessive. Weisenberg closed the public hearing. Douglas expressed concerns about the included detail on how the houses shall be built in the Fire section. Coburn stated the importance of the section.

Moved-Seconded (Ewing-Seward) to adopt the Planning and Zoning Subdivision Ordinance, on file in the Planning and Zoning Office, with the change to Chapter 6, Page 5, Section 1.6, allowing Engineers, Architects and Surveyors to do preliminary plats . Motion Carried.

SPEARFISH VALLEY SANITARY DISTRICT ANNEXATION OF PROPERTY: Seward recused himself and left the room. The Board reviewed the letter from Spearfish Valley Sanitary District requesting annexation of property owned by Willow Creek Land Trust into the Sanitary District, together with a copy of the request from Willow Creek Land Trust and the Resolution of Intent to Annex. Scott Odenbach, Attorney for the Sanitary District was present and stated history on the request.

Moved-Seconded (Douglas-Ewing) to approve the Spearfish Valley Sanitary District Annexation Resolution. Motion Carried. Aye-4, Absent Seward.

EXECUTIVE SESSION: 11:28 a.m. Moved-Seconded (Douglas-Seward) to go into executive session to discuss personnel with Judy Meverden, Register of Deeds. Motion Carried. 11:32 a.m. the Board reopened for regular business

BILLS: Moved-Seconded (Ewing-Weisenberg) to approve payment of the following 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-$5,874.87; Aud-$7,051.47; Treas-$8,780.99; Comp-$5,568.88; States Atty- $12,781.74; Pub Def-$6,957.68; Gen Govt Bldg-$6,959.87; Equal-$13,684.33; Deeds-$7,659.10; Vso-$1,086.23; Disp-$11,416.24; Sher-$32,458.82; Jail-$21,132.71; Emerg Mgnt-$3,329.02; E911-$1,510.80; Highway-$38,960.07; Air-$915.60; Ext-$1,484.68; Weed-$5,737.32; Pz- $3,816.56; Bills: Brady,Thomas-$71.04; Coburn,William-$94.72; Mattson,Barbara-$29.60; Mickelson,Craig-$82.88; Schneider,Shad-$19.31; Tysdal,Richard-$82.88; A&B Business Equip- $390.73; Abc Business Supply-$629.31; Alltel-$151.25; Amcon Distributing-$245.94; Apco Institute-$220.00; At&T-$8.11; BH Chemical Company-$502.77; BH Federal Credit Union- $10,144.00; BH Medical Ctr Pharmacy-$2,489.96; BH Pioneer-$948.61; BH Power & Light- $6,987.60; Baseco-$524.16; Behavior Mngt Systems-$215.00; Big Sky Communications- $444.00; Binger Law Office-$1,052.21; Bob Barker Company-$183.69; Brady Pluimer- $2,030.73; Butler Machinery Co-$111.24; Butte-Lawrence Co Fair-$10,000.00; Campbell Co Sheriffs-$30.00; Campbell Supply-$122.47; Central Parts-$4.70; Charles Mix County Sher Off- $25.00; Clark Printing-$40.00; Cna Surety-$100.00; Credit Collections Bureau-$180.00; Culligan Soft Water Serv-$43.00; Dakota Graphics-$422.50; Deadwood Thymes Cafe & Bistro- $99.00; Dept Of The Treasury-$46,917.56; Dietrich,Donna-$135.84; Ensignal-$352.45; Express Collections-$100.00; Hamann,Chris-$135.00; Hero 247-$50.00; Hersruds Of Sturgis-$56.53; Hewlett-Packard Company-$2,293.00; Hills Material Comp-$24,869.30; Johnson, Rodenbrug & Lauinger-$75.00; Kadrmas, Lee And Jackson-$42,302.27; Kieffer,Tracy-$53.20; Knecht True Value-$265.90; Knology-$2,079.41; Kooistra,Nelva-$15.00; LC Sheriff-$405.26; LC Treasurer- $50.00; Lexisnexis Matthew Bender-$65.85; Lexisnexis On-Line-$397.00; Lueders-$51.62; M&M Sanitation-$73.50; Mcarthur,Janet-$45.00; Meade County Sheriff-$42.00; Mg Oil Company-$63,843.89; Mid America Specialties-$302.98; Montana Dakota Utilities-$273.34; Moore Medical-$123.84; Nada Appraisal Guides-$120.00; Nelson,Christy-$180.00; Neve's Uniforms-$109.95; Newman Traffic Signs-$958.62; Odea,Marty-$94.72; Office Of Child Support-$195.69; Office Technology/Supply-$124.59; Phillips Petroleum Co-$33.75; Pitney Bowes-$1,197.00; Postmaster,Deadwood-$282.00; Priority Dispatch-$310.00; Projector Doctor- $95.00; Quill Corp-$365.18; Qwest-$173.50; RC Finance Office-$1,260.00; RC Regional Hospital-$237.81; Regan Battery Ma Services-$211.06; Rehfuss,Cathryn-$15.00; Rocket Lube- $242.90; SD Human Services Center-$98.40; SD Planners Association-$25.00; Sand Creek Printing-$30.00; Sdrs Supplemental Retirement-$786.50; Servall Towel & Linen-$299.56; Shepherd Reporting-$25.00; Spearfish Auto Supply-$392.38; Spearfish Police Dept-$22.27; Twin City Hardware & Lumber-$77.81; Tysdal,Jason-$31.10; Uap Timberland-$10,948.80; United Parcel Service-$56.68; Verizon Wireless-$74.68; Victims Of Violence-$980.00; Walmart Store-$481.16; Waste Connections-$185.10; Wells Fargo Business Card-$1,459.82; West Group-$100.00; Western Communication-$1,754.55; Western Sd Juvenile Serv-$3,200.00; Yankton Co Sheriff-$25.00; Witness & Jurors: Bretz,D-$52.96; Hartl,S-$63.32; Meverden,R- $61.84; Peacemaker,E-$62.58; Proctor,D-$53.70; Schuttler,R-$61.10; Showman,S-$62.58; Stewart,S-$60.36; Trapp,J-$57.40; Trouton,J-$50.74; Sandness,K-$32.95; Bandalos,K-$31.10; Rantapaa,M-$21.11; Hammer,J-$52.56; Heller,M-$21.11; Roberts,P-$34.80; Dietrich,A-$31.10; Laber,I-$31.10; Rogers,J-$31.10; Symonds,M-$31.10; Trepl,S-$31.10

ADJOURN: 11:41 a.m. there being no further business it was Moved-Seconded (Ewing- Thompson) to adjourn. Motion Carried. ______Date Approved

______Terry W. Weisenberg, Chairperson ATTEST: ______Connie Atkinson, Auditor LAWRENCE COUNTY BOARD OF ADJUSTMENT MEETING – June 24, 2008

Chairperson Terry W. Weisenberg called the Lawrence County Board of Adjustment meeting to order at 9:30 a.m. on June 24, 2008 in the Administrative Annex Building of the Lawrence County Courthouse located at 90 Sherman Street, Deadwood, SD with Commissioners Bob Ewing, Connie H. Douglas, James J. Seward and Tommy Thompson present.

All motions were passed by unanimous vote, by all members present, unless stated otherwise.

VARIANCE #117 / THOMAS HOFFMAN: A public hearing was held on an application for a Variance #117 for Thomas Hoffman – for a 16’ Variance to the 25’ setback to extend the garage on Lot 7 Block 2 Pearson S/D. No public input was voiced and the hearing was closed.

Moved-Seconded (Douglas-Ewing) to approve Variance #117 for Thomas Hoffman. Motion Carried. Aye-4, Nay-Weisenberg.

ADJOURN: 9:36 a.m. There being no further business it was Moved-Seconded (Douglas- Seward) to adjourn. Motion Carried. ______Date Approved

______Terry W. Weisenberg, Chair ATTEST:

______Connie Atkinson, Auditor LAWRENCE COUNTY COMMISSIONERS MEETING – July 8, 2008

Terry W. Weisenberg called the regular meeting of the Lawrence County Commissioners to order at 8:00 a.m. on July 8, 2008 in the Administrative Annex Building of the Lawrence County Courthouse located at 90 Sherman Street, Deadwood, SD with Commissioners, Connie H. Douglas, Bob Ewing, James J. Seward, and Tommy Thompson present. Thompson left at noon and Douglas left at 1:28 to attend another meeting.

All motions were passed by unanimous vote, by all members present, unless stated otherwise.

AGENDA: Moved-Seconded (Thompson-Weisenberg) to approve the agenda as amended. Motion Carried.

MINUTES: Moved-Seconded (Seward-Ewing) to approve the minutes of June 24, 2008 County Commission meeting and June 24, 2008 Board of Adjustment minutes. Motion Carried.

PERSONNEL: SHERIFF: Moved-Seconded (Seward-Ewing) to approve Andrew Holmes and Mike Shafer as part time temporary Reserve Deputy II at the base rate of $15.21 an hour, effective 6-26-2008. Motion Carried.

Moved-Seconded (Ewing-Thompson) to allow employees to donate sick leave to Angie Mckee. Motion Carried.

REGISTER OF DEEDS: Moved-Seconded (Seward-Ewing) to appoint Sheree Green as the Register of Deeds, effective 8-15-2008, with a base salary of $43,916 which is a 10% reduction in base salary from the current Register of Deeds. Motion Carried.

TRAVEL REQUESTS: EQUALIZATION: Moved-Seconded (Ewing-Douglas) To approve the travel request for Brett Runge, Carmen Symonds, Tim Hodson and Scott Sandvig to attend the annual Assessor’s School in Sioux Falls on September 14-19, 2008, and to allow payment in advance. Motion Carried.

AUDITOR’S ACCOUNT WITH TREASURER REPORT: Moved-Seconded (Ewing- Thompson) to accept the following report as read by the Auditor. Motion Carried. Auditor's Account with the County Treasurer: as of June 30, 2008 showed the following: Total amount of actual cash-$1,250.00; Total amount of Checks and drafts in Treasurer's possession not exceeding three days (check deposit in transit)-$8,416.14; Total amount of cash in transit in Treasurer's possession (cash deposit in transit)-$.00; Petty Cash-$1,635.00; Total amount of deposits in bank include: CD's-$5,700,000; Savings $259,876.92, Money Market $517,980.83; Bank Balance-$3,964,127.15; Total $10,453,286.04.

TRANSFER OF FUNDS: ROAD & BRIDGE, EMERGENCY DISASTER &E911: Moved-Seconded (Seward- Thompson) to approve the transfer of $942,829 from General Fund to Road & Bridge Fund; to transfer $92,614 from General Fund to Emergency & Disaster Fund; and to transfer $63,939 from General Fund to E911 Fund. Motion Carried.

PRAIRIE HILLS TRANSIT: Moved-Seconded (Douglas-Seward) To approve and authorize the Chairman to sign and send a letter of support for the Prairie Hills Transit grant application. Motion Carried.

VACATION OF SECTION LINE / ROCHFORD RIDGE ESTATES: A public hearing was held on a petition for vacation of a section line. No public input was present and the hearing was closed. Moved-Seconded (Douglas-Weisenberg) to approve and authorize the Chairman to sign the following Resolution #08-19 and Order to Vacate a Portion of Section Line. Motion Carried.

LAWRENCE COUNTY RESOLUTION #08-19 RESOLUTION & ORDER TO VACATE 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 Journal, 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 Trunk 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: The 66” section line right-of-way running south between sections 31 and 32 through Lot 9, Lot 11, Lot 13, Lot 14R, Lot 15, Lot 16R, Lot 18, Lot 19, Lot 20, Lot 21, Lot 22 of Rochford Ridge Estates, a Subdivison of HES 125, and in the remainder of HES 125, all located in the W1/2 of Section 32 and the E1/2 of Section 31, T4N, R3E, BHM, Lawrence County, South Dakota, as shown on Exhibit A, which is incorporated here by reference. AFFECTING THE LANDOWNERS LISTED BELOW: Laurence Conrad Nelson & Cheryl Lynn Nelson and Herbiert Cecil Quinten Nelson & Dorothy Olive Nelson; Joeseph A. Miller & Marie A. Miller; Reausaw Construction, Inc.; Tim Penton & Lisa Penton; Daniel R. Des Lauriers & Diane Des Lauriers; Jeff Engel & Karen Schoenbauer; F. Herbert Wiswall & Sandra S. Wiswall; Brian T. Wiswall & Susan M. Wiswall; Kay L. Kassube and Thomas L. Kassube; HES 125, L.L.C.. Dated this 8th day of July, 2008. TERRY W. WEISENBERG, CHAIRMAN. ATTEST: CONNIE ATKINSON, Auditor.

VACATION OF SECTION LINE / IRONWOOD ESTATES: A public hearing was held on a petition for vacation of a section line. No public input was present and the hearing was closed. Moved-Seconded (Douglas-Weisenberg) to approve and authorize the Chairman to sign the following Resolution #08-20 and Order to Vacate a Portion of Section Line. Motion Carried

LAWRENCE COUNTY RESOLUTION #08-20 RESOLUTION & ORDER TO VACATE 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 Journal, 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 Trunk 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: The 66' section line right-of-way running east and west between Sections 25 and 36, located in Tract 1A-1 of Tract 1A, portions of H.E.S. 42 and H.E.S. 39, located in Sections 25 and 36, T4N, R2E, B.H.M., Lawrence County, South Dakota; and the 66' section line right-of-way running north and south through Tract 1A-1 of Tract 1A, portions of H.E.S. 42 and H.E.S. 39, located in Section 36, T4N, R2E and Section 31, T4N, R3E, both located in B.H.M, Lawrence County, South Dakota; and the 66' section line right-of-way running east and west between Sections 30 and 31, located in Tract 1A -1 of Tract 1A, portions of H.E.S. 42 and H.E.S. 39, located in Sections 30 and 31, T4N, R3E, B.H.M., Lawrence County, South Dakota; and the 66' section line right-of-way running east and west between Sections 30 and 31 in Lot 19 and Lot 21 of Ironwood Estates, being part of Tract 1A-1 of Tract 1A, portions of H.E.S. 42 and H.E.S. 39, located in Sections 30 and 31, T4N, R3E, B.H.M., Lawrence County. South Dakota, as shown on Exhibit A. which is incorporated here by reference. AFFECTING THE LANDOWNERS LISTED BELOW: Dennis M. Egemo; Gravle V. Nelson & Angeline M. Nelson; HES 125 L.L.C.. .Dated this 8th day of July, 2008. TERRY W. WEISENBERG, CHAIRMAN. ATTEST: CONNIE ATKINSON, Auditor

EMERGENCY MANAGEMENT STATE & LOCAL AGREEMENT ADDENDUM: The Board discussed the Emergency Management State & Local Agreement Addendum to the 2008 SLA. Moved-Seconded (Ewing-Weisenberg) to table action on the Addendum. Motion Carried.

HIGHWAY BUSINESS:

APPROACH PERMITS: Moved-Seconded ((Ewing-Thompson) To approve and authorize the Chairman to sign the Approach Permit for Paul Williams on the south side of Galena Road located approximately 800 ft east of Butcher Gulch Rd. Motion Carried.

CARLSON BRIDGE: The Board discussed the Carlson Bridge and the need to have it repaired quickly. Birk stated the minimal fix at this time would be approximately $14,290. It is currently on the replacement program for 2014. Moved-Seconded (Ewing-Thompson) to declare the bridge situation an emergency and to expend the necessary funds to repair the bridge to allow locals to utilize it. Motion Carried.

TWO BIT ROAD: Seward discussed the Two Bit Road. Seward stated if the Forest Service decides to close the Road, the County then has the option of keeping the road open, but until the Forest Service releases a draft of road closures the County can’t do anything. Jeanie Reif was present and stated she talked to the Forest Service and they stated they didn’t plan on closing the road if it is used as an emergency route only.

CAPITAL IMPROVEMENT PLAN: Birk discussed budget issues for Courthouse / Jail buildings and the need for a Capital Improvement Plan. The Commission recommended the Department Heads meet and recommend a Capital Improvement Plan to the Commission.

AIRPORT ENGINEERING SERVICES: Moved-Seconded (Douglas-Seward) To approve and authorize the Chairman to sign the Amendment #1 to the Airport Engineering Services Agreement. Motion Carried.

AERONAUTICAL APPROACH SURVEY: Moved-Seconded (Seward-Douglas) to approve and authorize the Chairman to sign the Aeronautical Approach Survey. Motion Carried.

ATS TESTING AGREEMENT: Moved-Seconded (Seward-Weisenberg) to approve and authorize the Chairman to sign the ATS Testing Agreement, upon review of the Attorney review. Motion Carried.

2009 PRELIMINARY BUDGET: The Board reviewed the 2009 budget requests making adjustments to various departments. The Board also reviewed the wage scale for salaried attorneys in the Public Defenders Office as recommended by the Public Defender Board. The Board reviewed the proposed Airport Budget with Bob Golay, Neil Clarke and Ray Jilek. Golay expressed the need for two additional 10 hangar unit buildings at the airport. The projected cost of the two buildings is $810,000 or $405,000 each. There is a possibility of approximately $388,000 being reimbursable in a few years. Douglas stated the County should not be subsidizing individuals to store their airplanes at the airport. Douglas suggested leasing the land and allowing them to build the hangars. The Board stated they do not have the funds available at this time to fund the new hangar buildings and reduced the proposed budget by $810,000. The Board did agree to keep in the Environmental Assessment study for the new taxiway.

NEW LIQUOR LICENSES: Bruce Outka discussed the new liquor licenses available for restaurants, effective July 1, 2008. Fair market value of the licenses were discussed and how the fee is established for the new licenses. Outka will prepare a draft ordinance and send the required documents to determine the last sale of a liquor license in Lawrence County.

WEST RIM PROJECT: Bill Coburn was present and reviewed the summary of the Timber Committee comments on the West Rim Project Area EIS.

Moved-Seconded (Douglas-Ewing) To accept the Timber Committee Summary and forward to the Forest Service, as Lawrence County’s official comments on the West Rim Project. Motion Carried.

PLANNING & ZONING:

DEVELOPMENT PLAN FOR DAN & SHERRI JOHNSON: A public hearing was held on a Development Plan for Dan & Sherri Johnson/Dan's Dumpsters - Storage Units, Dumpsters and Cisco Trucks - Located on Whitewood Service Road Next to Wheeler Lumber. No public input was voiced and the public hearing was closed. Moved-Seconded (Ewing-Seward) To follow Planning and Zoning recommendation and approve the Development Plan for Dan & Sherri Johnson. Motion Carried. Thompson absent.

2nd READING CHANGE OF ZONING #277 / DENNY REHORST & JASON RICHARDS: 2 nd reading was held on COZ #277-Denny Rehorst and Jason Richards-A-1 to RR. Owner/ Representative: Denny, Julie and Beulah Rehorst/Jason and Lindsey Richards, Legal Description: SW ¼ NW ¼ including S 32’ of NW ¼ NW ¼, Section 26, T7N, R3E., Location: St. Onge, Purpose: Subdivision to allow family to live on same parcel, and to address floodplain issues. This coincides with a plat of property and a CUP for an existing 2 nd residence use., Zoning: Present Zoning A-1, Proposed Zoning RR.

Moved-Seconded (Douglas-Seward) to approve Change of Zoning #277 for Rehorst/Richards. Motion Carried. Thompson absent.

GREENVIEW ESTATES BONDING: Moved-Seconded (Douglas-Weisenberg) to approve the irrevocable standby letter of credit #013008 for Greenview Estates and authorize the Chairman to sign the Memorandum of Agreement. Motion Carried. Thompson absent

ANNUAL REVIEW OF CONDITIONAL USE PERMIT #309 - BLACK HILLS CHRISTIAN An Annual Review of Conditional Use Permit #309 - Black Hills Christian Academy (school) Located on Hwy 85 North of Spearfish was held. Moved-Seconded (Ewing- Seward) CUP #309 will be reviewed in one year. Motion Carried. Thompson absent.

ANNUAL REVIEW OF CONDITIONAL USE PERMIT #321 - VERIZON WIRELESS: An Annual Review of Conditional Use Permit #321 - Verizon Wireless (tower) located near Lead was held. Moved-Seconded (Seward-Ewing) CUP #321 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. Thompson and Douglas absent.

ANNUAL REVIEW OF CONDITIONAL USE PERMIT #340 - SACRISON PAVING: An Annual Review of Conditional Use Permit #340 - Sacrison Paving (asphalt plant) Located NW of Spearfish at McGuigan Pit was held. Moved-Seconded (Seward-Weisenberg) CUP #340 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. Thompson and Douglas absent.

ANNUAL REVIEW OF CONDITIONAL USE PERMIT #342 - DAN & SHERRI JOHNSON: An Annual Review of Conditional Use Permit #342 - Dan & Sherri Johnson (storage facility) Located on Diamond Dr. NW of Spearfish was held. Dan & Sherri Johnson asked that CUP #342 be cancelled. Moved-Seconded (Douglas-Seward) to cancel CUP #342 at the request of the Johnson’s. Motion Carried. Thompson absent.

ANNUAL REVIEW OF CONDITIONAL USE PERMIT #323 - ALAN CRAGO: An Annual Review of Conditional Use Permit #323 - Alan Crago (gravel pit) Located North of Spearfish was held. The permit has not been active for the past year. Moved-Seconded (Seward- Ewing) to grant a six month extension for CUP #323 and to review again in six months. Motion Carried. Thompson and Douglas absent.

ANNUAL REVIEW OF CONDITIONAL USE PERMITS #325 & #326 - BARB ATCHISON: An Annual Review of Conditional Use Permits #325 & #326 - Barb Atchison, Blacktail Guest Ranch (horse riding academy) Located on Maitland Road was held. Moved- Seconded (Ewing-Weisenberg) CUP #325 & 326 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. Thompson and Douglas absent.

BILLS: Moved-Seconded (Douglas-Weisenberg) to approve payment of the following 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-$5,874.87; Aud-$6,838.00; Treas-$8,692.66; Comp$-5,440.02; States Atty- $12,719.78; Pub Def-$6,957.68; Gen Govt Bldg-$6,950.49; Equal-$13,480.82; Rod-$7,660.77; Vso-$1,086.23; Disp-$9,941.84; Sher-$30,912.42; Jail-$20,852.38; Emerg Mgnt-$3,230.41; E911-$1,510.80; Highway-$35, 620.91; Air-$915.60; Mh Serv-$80.00 Ext-$1,389.76; Weed- $5,438.82; Pz-$3,843.36; Bills: Asheim,R-$68.62; Bell,Z-$157.29; Dill,A-$20.08; Fitzgerald,J- $55.50; Kellogg,S-$59.62; Mowell,R-$8,088.00; Piekkola,D-$1,087.88; Pike,M-$261.04; Runge,B-$52.00; Yapp,B-$18.50; Waldner,D-$7.50; Alltel-$980.08; American Family Life- $3,216.03; BH Federal Credit Union-$10,144.00; Credit Collections Bureau-$180.00; Deadwood Recreation Center-$157.00; Delta Dental Of South Dakota-$5,143.00; Dept Of The Treasury- $44,640.15; Express Collections-$100.00; Hartford-Priority Accounts-$1,417.85; Johnson, Rodenbrug & Lauinger-$75.00; LC Treasurer-$50.00; Medica-$52,798.72; NH Family Ymca- $481.80; Office Of Child Support-$195.69; SD Retirement System-$48,613.12; Sdrs Supplemental Retirement-$786.50; A&B Business Equip-$916.96; A&B Welding Supply- $52.00; A&J Supply-$6.20; A-Z Shredding-$18.00; Abc Business Supply-$605.13; Accurint Account-$75.00; Anderson Oil Co-$67.91; BH Chemical Company-$1,114.36; BH Land Analysis-$697.50; BH Power & Light-$642.73; BH Regional Multiple-$100.00; BH Security & Systems-$4,653.00; Best Business Prod-$19.26; Biegler,Greg-$60.00; Brownsville Fire Dept- $3,883.00; Butte County Sheriff-$20.86; Butte Electric Coop-$395.24; Carls Trailer Sales- $231.12; Carol Butzman Consluting-$85.65; Central Parts-$1,479.72; Chain Saw Center/Dakota Equip-$93.75; Chemical Sanitizing Sys-$30.51; Christensen Law Office-$625.75; City/County Alcohol&Drug-$1,925.00; Clauser Machine Works-$11.00; Conoco-$113.82; Crawford Supply Company-$162.00; Dale's Tire & Retread-$3,157.40; Deadwood Thymes Cafe & Bistro-$81.00; Deadwood Vol Fire Dept-$3,721.00; Deadwood, City Of-$558.72; Dietrich,Donna-$95.34; Eddy, Steven Trucking-$120.00; Election Sys & Software-$1,760.26; Ellingson,Joseph-$562.29; Fastenal-$30.90; Fisher Sand & Gravel-$3,585.70; Frederickson, John-$168.00; Fsh Communications-$60.00; Hampton Inn-$378.25; Havemeier, Leslie-$23.80; Heisler Hardware- $43.92; Hewlett-Packard Company-$732.00; Hills Material Comp-$19,265.74; Huntley Plastering & Stucco-$422.46; Intoximeters-$222.50; Janke,Wendy-$855.00; John E Reid & Associates-$410.00; Jones,Todd-$109.00; Karpinen,Sharon-$360.00; Keefe Supply Company- $73.44; Kings Inn-$93.00; Knology-$181.35; Kooistra,Nelva-$15.00; Kosel,Joseph-$4,166.67; LC Conservation Dist-$5,000.00; LC Journal-$689.20; LC Sheriff-$255.40; Lead Fire Department-$6,108.00; Lead, City Of-$102.20; Lead-Deadwood Regional-$261.61; Lead- Deadwood Regional Hospital-$240.00; Lead-Deadwood Sanitary-$320.40; Long Enterprises- $395.00; Mcclure,Susan-$270.00; Mcleod's Office Supply-$159.35; Mcpherson Propane-$45.00; Mikelson,Gary-$40.00; Minnwest Bank Sioux Falls-$171.03; Montana Dakota Utilities- $3,855.96; Nemo Volunteer Fire Dept-$1,257.00; Neve's Uniforms-$177.35; Outdoor Motor Sports-$700.79; Pennington Co Jail-$1,442.65; Pennington County Sts Attny-$400.00; Pitney Bowes-$717.69; Qwest-$99.86; RC Medical Center-$240.50; RC Regional Hospital-$1,066.56; Rabe Elevator-$690.96; Regan Battery Ma Services-$73.61; Regional Behavioral Health Ctr- $117.69; Rehfuss,Cathryn-$15.00; Reindl,Staci-$3,869.70; Rochford Vol Fire Dept-$644.00; SD Assn Of Co Comm-$640.00; SD Assoc Code Inforcement-$40.00; SD Building Officials Assoc- $50.00; SD Human Services Center-$400.00; SD State Treasurer-$14,649.75; Salzsieder,Lynn- $500.00; Salzsieder,Milan-$3,735.00; Servall Towel & Linen-$304.65; Spearfish Auto Supply- $463.85; Spearfish Canyon Fire Dept-$2,888.00; Spearfish City Of-$60.60; Spearfish Fire Dept- $15,455.00; Spearfish Police Dept-$19.73; St Onge Fire Dept-$781.00; Sturgis Fire Department- $2,398.00; Subway-$50.92; Teen Court-$10,000.00; Thurman Law Office-$174.93; Tigerdirect- $323.05; Triple K Tire & Repair-$374.13; Twin City Hardware & Lumber-$112.42; Uap Timberland-$3,558.72; Usd School Of Law-$48.00; Voelker & Adams-$1,104.00; Waste Connections-$478.80; West Group-$64.00; Western Communication-$724.50; White's Queen City Motors-$67.02; Whitewood Vol Fire Dept-$2,865.00; Wyopass-$250.00; Ziegler,Doris- $50.00 Witness & Juror Fees: Custis,D-$61.10; Gilles,A-$52.22; Hartl,S-$63.32; Koch,T- $64.80; Lanphear,J-$51.48; Meverden,R-$61.84; Papenfuss,T-$61.10; Harrison,R-$30.36; Harrison,K-$31.10; Jenner,S-$36.65; Mccallum,S-$22.22; Raber,J-$25.92; Reiling,C-$21.11; Pickering,B-$22.22; Plunkett,M-$30.36; Sadler,C-$22.22; Thoreson,K-$25.92; Babb,G-$17.40; Barry,S-$18.88; Blake,A-$62.58; Coneley,D-$23.32; Deis,T-$28.50; Derosier,K-$62.58; Dobesh-Bierschenk,R-$21.10; Essink,J-$24.80; Farwell,L-$11.48; Ferris,C-$10.74; Gallegos,M- $26.28; Gangloff,D-$10.74; Haselhorst,C-$59.62; Horner,S-$21.10; Hoyer,D-$17.40; Iszler,W- $21.10; Juso,J-$10.74; Kazmer,J-$64.80; Klein,C-$12.96; Koch,B-$52.96; Kopp,S-$11.48; Kruskamp,G-$64.80; Lapointe,S-$12.96; Larson,D-$10.74; Lester,R-$12.96; Merritt,S-$10.74; Meyer,J-$15.92; Miller,S-$21.10; Mollman,T-$52.22; Nelson,T-$61.10; Peacemaker,E-$21.84; Renner,O-$13.70; Schamber,M-$61.10; Snow,W-$10.74; Speed,J-$21.10; Sundberg,J-$60.36; Thompson,M-$64.80; Vanvactor,K-$21.10; Votroubek,N-$24.80; Walsh,S-$61.10; Williamson,A-$63.32; Willuweit,A-$38.50

ADJOURN: 1:56 p.m. there being no further business it was Moved-Seconded (Seward- Ewing) to adjourn. Motion Carried. Thompson and Douglas absent.

______Date Approved

______Terry W. Weisenberg, Chairperson ATTEST:

______Connie Atkinson, Auditor LAWRENCE COUNTY COMMISSIONERS MEETING – July 22, 2008

Terry W. Weisenberg called the regular meeting of the Lawrence County Commissioners to order at 8:00 a.m. on July 22, 2008 in the Administrative Annex Building of the Lawrence County Courthouse located at 90 Sherman Street, Deadwood, SD with Commissioners, Connie H. Douglas, Bob Ewing, James J. Seward, and Tommy Thompson present

All motions were passed by unanimous vote, by all members present, unless stated otherwise.

AGENDA: Moved-Seconded (Ewing-Thompson) to approve the agenda as amended. Motion Carried.

MINUTES: Moved-Seconded (Seward-Weisenberg) to approve the minutes of July 8, 2008 County Commission meeting. Motion Carried.

PERSONNEL: SHERIFF: Moved-Seconded (Thompson-Ewing) to approve Seth Brennan as a full time Deputy 2 G1 at the base rate of $19.30 an hour, effective 7-15-2008. Motion Carried.

Moved-Seconded (Ewing-Seward) to approve Dora Patino as a full time Correctional 2 G2, at the base rate of $15.16 an hour, effective 7-15-2008. Motion Carried.

Moved-Seconded (Douglas-Weisenberg) to approve Sherie Cook, Zach Bell and Michael McClain as part time Correctional 2 G1 at the base rate of $14.86 an hour, upon the completion of 40 hours of training at 8.61 an hour. Motion Carried.

Moved-Seconded (Ewing-Seward) to approve Robert Williams as a full time Deputy 2 G3 at the base rate of $19.91 an hour, effective 7-1-2008. Deputy 2G 3 19.91 an hour. Motion Carried.

SETH BRENAN EXECUTIVE PROCLAMATION: The Board presented the following proclamation to Seth Brenan. : EXECUTIVE PROCLAMATION, COUNTY OF LAWRENCE, BOARD OF COUNTY COMMISSIONERS: Here ye! Here ye! Here ye! WHEREAS, throughout our history, America has been protected by patriots who cherished liberty and made great sacrifices to advance the cause of freedom; and WHEREAS, on March 20, 2003, a large force of United States and British troops invaded Iraq, leading to the collapse of the Iraq government; and WHEREAS, on two occasions, Seth Brennan answered his Country’s call to service as part of Operation Enduring Freedom and deployed with the 235 th MP Company; and WHEREAS, his commitment to Country and willingness to serve brought a distant war close to the hearts and thoughts of his fellow County employees; and WHEREAS, his personal dedication to the cause of freedom brought life and meaning to words like honor and patriotism and inspired others to higher levels of national pride; and WHEREAS, Lawrence County owes a great debt of gratitude to those servicemen like Seth Brennan who sacrificed for our liberty and for the security of our Nation; NOW THEREFORE BE IT RESOLVED, the Lawrence County Commissioners hereby recognize Seth Brennan for his unselfish and valuable service to his Country. Dated this 22 nd day of July, 2008. LAWRENCE COUNTY COMMISSIONERS: Terry W. Weisenberg, Chair, Connie H. Douglas, James J. Seward, Robert E. Ewing, Tommy Thompson

JUDY MEVERDEN, REGISTER OF DEEDS EXECUTIVE PROCLAMATION : The Board presented the following proclamation to Judy Meverden, Register of Deeds. EXECUTIVE PROCLAMATION, COUNTY OF LAWRENCE BOARD OF COUNTY COMMISSIONERS: Here ye! Here ye! Here ye! WHEREAS, Judy R. Meverden began her career in the Lawrence County Register of Deeds Office on March 26, 1979; and, WHEREAS, Judy R. Meverden was elected as the Lawrence County Register of Deeds and took office on January 6, 1987; and WHEREAS, Judy R. Meverden continued to serve in this capacity faithfully and with distinction for 22 years; and, WHEREAS, Judy R. Meverden has earned the respect and trust of fellow employees and citizens of Lawrence County and this State by serving in his position with honesty, forthrightness and an exemplary work ethic; and, WHEREAS, Judy R. Meverden is retiring as the Lawrence County Register of Deeds effective August 15, 2008; and WHEREAS, it is fitting and proper that the Lawrence County Commissioners make note of the accomplishments of a dedicated and industrious public servant; NOW THEREFORE BY THE POWER VESTED IN US, We the Lawrence County Board of Commissioners do hereby proclaim August 15, 2008 as JUDY MEVERDEN DAY Dated this 22 nd day of July, 2008. LAWRENCE COUNTY COMMISSIONERS: Terry W. Weisenberg, Chair, Connie H. Douglas, James J. Seward, Robert E. Ewing, Tommy Thompson

WESTERN HERITAGE CENTER RAFFLE: The Board acknowledged the raffle for the Western Heritage Center.

EMERGENCY MANAGEMENT STATE & LOCAL AGREEMENT ADDENDUM: The Board discussed the Emergency Management State & Local Agreement Addendum to the 2008 SLA. Moved-Seconded (Ewing-Seward) to approve and authorize the Chairman to sign the SLA Agreement Addendum. Motion Carried.

ADAMS MUSEUM DONATION: Moved-Seconded (Seward-Weisenberg) to donate $5,000 to the Homestake Adams Research and Cultural Center to display Homestake Mine Pictures; and to do a contingency transfer of $5,000 to Commissioners professional services. Motion Carried.

INVESTMENT POLICY UPDATE: Deb Tridle, Treasurer, presented an investment update to the Board.

COUNTY FIRE VEHICLES: Moved-Seconded (Seward-Ewing) to declare the following fire vehicles and equipment surplus and give to the respective fire departments. Motion Carried. 10832 Underbed Aluminum Tool Box, Brownsville FD 10833 Underbed Aluminum Tool Box, Brownsville FD 10834 Underbed Aluminum Tool Box, Brownsville FD 10835 Underbed Aluminum Tool Box, Brownsville FD 10960 CET Pump & 25 HP engine, Brownsville FD 11239 300 gal Skid unit, Spearfish FD 11249 F550 Brush Truck, Spearfish FD VIN-1FDAF57PO3ED35547 11240 300 Gal Skid Unit, Spearfish Canyon FD 11250 F550 Brush Truck, Spearfish Canyon FD VIN-1FDAF57PO3ED5548 11241 250 Gal Skid unit, Brownsville FD 11242 300 Gal Skid Unit, St. Onge FD 11252 F550 Brush Truck, St. Onge FD VIN-1FDAF57PO3ED35546 11243 300 Gal Skid Unit, Deadwood FD 11253 F550 Brush Truck, Deadwood FD VIN-1FDAF57PO3ED35543 11244 300 Gal Skid Unit, Lead FD 11254 F550 Brush Truck, Lead FD VIN- 1FDAF57PO3ED35544 11245 250 Gal Skid Unit, Brownsville then to St. Onge Unit Went with truck. 11246 300 Gal Skid Unit, Bear Ridge then to Spfsh Canyon 11256 F550 Brush Truck, Bear Ridge then to Spfsh Canyon VIN# 1FDAF57PO3ED35541 11247 300 Gal Skid Unit, Whitewood FD 11257 F550 Brush Truck, Whitewood FD VIN-1FDAF57PO3ED35549 11251 F550 Brush truck, Nemo FD VIN-1FDAF57PO3ED35545 11255 F550 Brush Truck, Brownsville FD VIN- 1FDAF57PO3ED35542

HIGHWAY BUSINESS:

FUEL QUOTES: The following fuel quotes were submitted as of July 17, 2008: Spearfish Diesel 4800 Gallons: (prices per gallon) Cenex Oil Co. 4.125, Southside Oil - $no-bid; Rollin Oil – no bid. M.G. Oil Co. $4.08728* (*represents lowest quote). Spearfish Unleaded 500 Gallons: (prices per gallon) Cenex Oil Co. $3.76; Southside Oil - $no-bid; Rollin Oil – no bid M.G. Oil Co. $3.70778* (*represents lowest quote). Deadwood Diesel 3900 Gallons: (prices per gallon) Cenex Oil Co. 4.115, Southside Oil - $4.109; Rollin Oil – no bid M.G. Oil Co. $4.08728* (*represents lowest quote). Deadwood Unleaded 3500 Gallons: (prices per gallon) Cenex Oil Co. $3.75; Southside Oil - $3.72; Rollin Oil – no bid M.G. Oil Co. $3.70778* (*represents lowest quote). Whitewood Diesel 800 Gallons: (prices per gallon) Cenex Oil Co. $4.125; Southside Oil - $4.229; Rollin Oil – no bid M.G. Oil Co. $4.08344* (*represents lowest quote).

UTILITY PERMITS SPEARFISH PELLET PLANT: Moved-Seconded (Ewing-Seward) to approve the Approach Permit for Spearfish Pellet Co. LLC on the east side of McGuigan Rd. Motion Carried.

DENNIS HOOVER: Moved-Seconded (Thompson-Douglas) to approve the Approach Permit for Dennis Hoover on the west side of Erickson Rd. Motion Carried.

BUTTE ELECTRIC: Moved-Seconded (Seward-Weisenberg) to approve the Utility Permit. FOR Butte Electric Cooperative on Airport Rd. Motion Carried.

SERVICE ROAD C / 014C: Moved-Seconded (Ewing-Thompson) To set the bid opening for 28ft section of Service Road C (014C) for August 19, 2008 at 8:30 a.m. Motion Carried.

ANDERSON ROAD: Moved-Seconded (Seward-Thompson) To contract with NJS to draw up plans to repair the low water crossing on the Anderson Road. Motion Carried.

LICENSE TO OCCUPY / HOMESTAKE PROPERTY: Moved-Seconded (Douglas- Thompson) to approve and authorize the Chairman to sign the License to Occupy Homestake Property. Motion Carried.

WHITEWOOD VALLEY ROAD RESOLUTION / FEDERAL AID FUNDS: Moved- Seconded (Seward-Weisenberg) to approve and authorize the Chairman to sign the Federal Aid Bridge Replacement or Rehabilitation Program Resolution for County & Urban Projects for Whitewood Valley Road. Motion Carried. RESOLUTION # 2008-21 FEDERAL AID BRIDGE REPLACEMENT OR REHABILITATION PROGRAM RESOLUTION FOR COUNTY AND URBAN PROJECTS: WHEREAS, Lawrence County desires the Replacement of the bridge hereinafter described: STRUCTURE NUMBER AND LOCATION: 41-212-091 0.9 north and 0.6 east of Whitewood AND WHEREAS, Lawrence County is obligated and hereby agrees to provide proper maintenance as required by the Federal Highway Act as amended and supplemented thereto for project after construction 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 Bridge Replacement Funds. AND WHEREAS, the bridge is in need of replacement/rehabilitation for the following reasons: 1. The sufficiency rating is 49.5 2. The bridge is not located on a County or Township designated Minimum Maintenance Road. 3. The bridge is located on a Federal Aid Route 4. The load carrying capacity of the existing bridge cannot be improved to carry legal loads by rehabilitation of the existing bridge. 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 "Secondary Road Plan" and the State's "Standard Specifications for Roads and Bridges," the bridge replacement or rehabilitation project at the above described location. Items to be handled by State forces with Federal Participation will include hydraulic study review, foundations investigation (if necessary), plan reviews, and construction administration. Estimated Cost of Project Including Engineering: $600,000, Federal Share (80%): $480,000 Local Share (20%): $120,000 Proposed Year of Construction: 2016. Vote of Commissioners/Council: Yes 5, No-0. Dated at Deadwood, SD, this 22 nd day of July, 2008. Terry W. Weisenberg, Chair. Attest: Connie Atkinson, Auditor.

BUDGET REVIEW: The Board reviewed the 2009 Road & Bridge and General Government Budgets and discussed future road projects.

PLANNING & ZONING:

1ST READING & PUBLIC HEARING CHANGE OF ZONING #278 & PLANNED UNIT DEVELOPMENT #13 / AVENTURE ESTATES: 1 st reading and a public hearing was held on Change of Zoning #278 for Aventure Estates, LLC-Town homes-PF to SRD Owner/Representative: Aventure Estates, LLC/Mike Percevich, Legal Description: MS 902, Mohock B in Section 12, T4N, R2E, (Legal Shortened), Location: Terry Peak Summit, Purpose: Subdivision for Town homes, Zoning: PF to SRD. (Coincides with PUD #13)

A public hearing was also held on PUD #13-Aventure Estates, LLC-Town homes, Owner/ Representative: Aventure Estates, LLC/Mike Percevich, Legal Description: MS 902, Mohock B in Section 12, T4N, R2E, (Legal Shortened) Location: Terry Peak Summit, Purpose: Town homes, Zoning: PF.

Planning and Zoning recommended approval of Change of Zoning #278 and PUD#13. Second reading will be held on August 19, 2008.

1ST READING & PUBLIC HEARING CHANGE OF ZONING # 279 REXCO LLC: 1st Reading and a public hearing was held on COZ #279 Rexco LLC: Zoning from A-1 to C/LI, Owner/ Representative: Jim Christianson, Legal Description: Tract B located in the N1/2 of the NW1/4, Section 21, T6N, R4E., Location: Whitewood, Purpose: To run an equipment for hire, for sale and repair business.

Planning and Zoning recommended approval of Change of Zoning #279. Second reading will be held on August 19, 2008.

1ST READING & PUBLIC HEARING ORDINANCE #08-04 TEMPORARY USE PERMITS: 1 ST Reading and a public hearing was held on the proposed Ordinance #08-04 for Temporary Use Permits. Second reading will be held on August 19, 2008. Douglas questioned if a deposit should be required. Vogt and Outka will research the deposit requirement.

1ST READING & PUBLIC HEARING CHANGE OF ZONING #275 – WILLOW CREEK LAND TRUST / MIKE SACK: 1st Reading and a public hearing was held on COZ ##275 Mike Sack - A-1 to A-2, Owner/Representative: Willow Creek Land Trust – Michael Sack, Legal Description: W1/2 W1/2 NW1/4 SE1/4 and E1/2 SE1/4 NW1/4 Ex Tracts A&B – E1/2 NE1/4 SW ¼ all in Section 28, T7N, R2E, Location: North of Spearfish, Purpose: Subdivision to build one more home on property, Zoning: A-1 to A-2.

Planning and Zoning recommended approval of Change of Zoning #275. Second reading will be held on August 19, 2008.

CONDITIONAL USE PERMIT #344 / BITUMINUS PAVING: Moved-Seconded (Seward- Ewing) to cancel Conditional Use Permit #344 for Bituminus Paving. Motion Carried.

ANNUAL REVIEW CUP#255 – SPIRIT OF THE HILLS WILDLIFE SANCTUARY: Paul Higbe, Trevor Smith, and Michael Welchynski were present to speak on behalf of the Wildlife Sanctuary. Various complaints of smell, noise, dump area, weeds, dogs, insect control, etc that the Board received were discussed. J.D. Bell, resident of the Tinton Road presented pictures and documentation of his concerns. Bell showed pictures of animal carcasses, dump issues, and trees that were cut down on his property. Welchynski stated Bell’s complaints were legitimate and he apologized to Bell and his family on behalf of the Sanctuary for the problems they have caused him. Weisenberg referenced the building plan established in 1999 for the sanctuary and stated there is no reference to domestic animals. The Board discussed needed changes to rectify the complaints and to protect the neighboring landowners. Moved-Seconded (Seward-Weisenberg) to appoint Ewing and Weisenberg to a subcommittee to look into the complaints of the Wildlife Sanctuary and bring back recommendation to the Board. The process to be completed by November 12 th , 2008 and Ewing and Weisenberg will determine the remaining committee members. Thompson will be the alternate on the committee. Motion Carried.

ST.ONGE CENTER STREET: Larry Fierro and Randy Aldrich from the St. Onge Township Board were present to request the County share in the cost for the road work on Center Street. Fierro asked the County to contribute $1,100 towards the project. Ewing stated historically the County has helped with Center Street. Dick Birk, Highway Superintendent, stated they do help with routine maintenance on Center Street. Moved-Seconded (Ewing-Thompson) to contribute $1,100 to St.Onge Township for work on Center Street; and to do a contingency transfer of $1,100 to Commissioners professional services. Motion Carried. Aye-4, Nay-Seward. The Board will look into an agreement for the future.

ROO RANCH SEPTIC SYSTEM REPORT: Amber Vogt, Planning and Zoning Director, discussed the report from DENR on the septic system for Kevin & Roxy Bell / Roo Ranch. Ewing asked for an ordinance to control exotic animals not indigenous to this area. Outka and Vogt will look into.

HOMESTAKE MINING CO. TECHNICAL REVISION / ANNUAL REVIEWS CUP# 124, #144: Mark Tieszen and Todd Duex were present to request closing certain ground water monitoring sites. GW-1 in Bobtail Gulch, GW-2 in East Ravine, SP-1 west of the Sawpit Waste Rock Disposal Facility and SP-4 in Sawpit Gulch. Bobbie Fivecoate, DENR was present and stated after initial review of the revision they do not see any problems with the request to close the monitoring sites. Moved-Seconded (Ewing-Seward) to send a letter in support of the technical revision. Motion Carried.

Annual Reviews were conducted on CUP#124 and #144.

ANNUAL REVIEW / RICHMOND HILL CUP#116 & #125: Annual Reviews were conducted on CUP#124 and #144.

RAPID CITY REGIONAL HOSPITAL TAX STIPULATION: Moved-Seconded (Seward- Thompson) to enter into a tax stipulation agreement with Rapid City Regional Hospital. Motion Carried. Rod Schlauger was present to discuss and questions on the agreements involved.

2009 PRELIMINARY BUDGET: The Board reviewed the 2009 budget requests. Discussion followed with the County Commissioners and changes were made to individual department budget requests. The preliminary budget was set and will be published in the legal newspapers.

BILLS: Moved-Seconded (Ewing-Weisenberg) to approve payment of the following 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. BILLS: Moved-Seconded (-) to approve payment of the following 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-$5,874.87; Aud-$6,815.37; Treas-$10,123.23; Comp$-5,440.01; States Atty-$13,101.96; Pub Def-$7,03.76; Gen Govt Bldg- $7,093.12; Equal-$12,461.48; Rod-$7,660.77; Vso-$1,086.23; Disp-$11,204.71; Sher- $32,397.79; Jail-$22,335.02; Emerg Mgnt-$3,191.62; E911-$2,238.00; Highway-$33,492.95; Air-$1,115.60; Mh Serv-$160.00 Ext-$1,266.00; Weed-$5,167.47; Pz-$4,083.36; Bills: Boyer, Jerry J. $27.76; Frerichs, Amy M.-$91.80; Hansen, Davida D.-$13.70; Rombough, Debra M.- $136.16; Runge, Brett M.-$31.87; Sandvig, Sandra C.-$22.58; Waldner, Dawn D.-$18.88; A&B Business Equip Inc-$933.14; A&B Welding Supply Inc-$59.74; Abc Business Supply Corp- $188.56; Active Data Systems, Inc-$4,703.73; Amcon Distributing-$562.57; American Tech Serv Inc-$6,842.50; At&T-$1.62; B H Chemical Company Inc-$223.90; B H Federal Credit Union-$10,144.00; B H Medical Ctr Pharmacy Inc-$1,508.23; B H Pest Control-$95.00; B H Pioneer Inc-$927.29; B H Power & Light, Rapid-$120.09; B H Window Cleaning Inc-$2,735.00; Benson Technical Works Inc-$1,981.25; Bituminous Paving Inc-$219,510.09; Brady Pluimer, P.C.-$1,352.50; Bullberry Systems Inc-$3,750.00; Butte County Sheriff-$80.58; Campbell Co Sheriffs Off-$90.00; Campbell Supply Co-$110.76; Carol Butzman Consluting,Llc-$354.39; Chemical Sanitizing Sys Ltdinc-$168.30; Chris Supply Co. Inc.-$12.30; Community Health Services-$10.00; Conoco-$1,033.58; Correctional Billing Svc-$6.95; Credit Collections Bureau- $169.48; Culligan Soft Water Serv Inc-$120.00; Dakota Graphics-$230.00; Datec-$3,924.17; Dept Of Hlth Lab Services-$35.00; Dept.Of The Treasury-$45,095.46; Dietrich, Donna K.- $135.34; Eddie's Truck Sales/Serv Inc.-$175.31; Express Collections Inc-$100.00; Fastenal- $224.44; First Western Bank Inc-$968.97; Fisher Sand & Gravel Inc-$34,502.30; Fleet Services- $352.26; Foothills Contracting Inc-$134,812.17; Georgetown Law Arcp-$65.00; Gold Dust Inc- $241.50; Havemeier,Leslie-$87.40; Hills Material Comp Inc-$3,582.37; Iga-$3.69; Jacobs Precision Welding Inc-$80.84; Johnson, Rodenbrug & Lauinger-$75.00; Kadrmas, Lee And Jackson Inc-$29,255.57; Keefe Supply Company-$171.52; Kieffer, Tracy-$1,022.20; Knecht True Value Inc-$289.81; Knology Inc-$1,657.68; Kooistra, Nelva-$15.00; L C Treasurer-$50.00; Lee, James-$15.00; Lewis & Clark Bhs-$284.00; Lexisnexis Matthew Bender-$65.85; Lexisnexis On-Line-$397.00; Massa Berry Regional Med Clini-$255.51; Mcarthur, Janet- $45.00; Meade County Sheriff-$40.40; Medicap Pharmacy 272-$88.29; Medtox Laboratories Inc-$76.70; Montana-Dakota Util. Dwd.-$26.45; National Academy Of Emd-$35.00; Nelson, Tonya-$585.00; New World Systems-$750.00; Occupational Health Network In-$136.00; Office Of Child Support-$195.69; P.I.E. Inc-$25,509.76; Pennington Co Auditor-$40.00; Pennington County Sts.Attny-$200.00; Phoenix Investigations-$1,277.89; Pioneer Bank & Trust-$155.75; Pitney Bowes, Inc.-$305.54; Pizza Hut Inc-$29.80; Quill Corp-$587.16; Qwest-$1,362.65; R C Finance Office-$1,260.00; R C Regional Hospital Inc-$2,712.00; Regional Behavioral Health Ctr-$435.26; Regional Home Medical Equip-$174.00; Rehfuss, Cathryn-$15.00; Reindl, Staci- $3,385.03; Rocket Lube-$242.92; Rocky Mountain Instrumental-$39.50; Rushmore Communications Inc-$124.00; S D Aao-$1,000.00; S D Human Services Center-$195.12; Sand Creek Printing Inc-$104.50; Sdrs Supplemental Retirement-$786.50; Secretary Of State-$50.00; Servall Towel & Linen,Inc-$426.06; Seward & Odenbach, Pc-$1,888.03; Shell Fleet Management-$61.31; Slowey, Yavonne-$125.00; Sonicwall Services-$2,495.00; Spearfish Auto Supply Inc-$299.32; Spearfish Police Dept-$19.69; Spot Coolers-$3,543.39; Tellinghuisen & Gordon, P.C.-$737.50; Tigerdirect Inc-$363.64; Triple K Tire & Repair-$870.37; Twin City Hardware & Lumber In-$113.52; U S Postal Service-$600.00; United Parcel Service-$43.90; Verizon Wireless Inc-$100.68; Victims Of Violence-$1,720.00; Walmart Store Inc-$663.42; Wells Fargo Business Card-$3,189.45; West Group-$915.00; Westcoast Sales & Marketing In- $317.21; Western Sd Juvenile Serv-$5,900.00; Xerox Corporation-$229.63; Yankton County- $303.75; Z&S Dust Control Inc-$48,921.48; Ziggy's Building Center Inc-$1,447.58; Witness & Juror Fees: Beusch, G-$61.10; Frame,C-$21.10; Morgan,M-$20.00; Willuweit,C-$31.10; Rantapaa,M-$21.11; Heinbaugh,V-$21.10; Christiansen,C-$42.20; Atchison,B-$12.22; Bayne,S- $21.10; Beyl,J-$50.74; Bowman,M-$12.96; Braun,C-$13.70; Church,D-$12.22; Cook,D-$15.18; Dahlgren,J-$64.80; Devries,M-$12.22; Diefenderfer,D-$24.80; Doyle,V-$21.10; Ferris,W- $10.74; Flanagan,B-$21.10; Gregory,J-$10.74; Hanson,M-$67.02; Hughes,J-$18.88; Kapsa,C- $61.10; Kapsch,J-$28.50; Kirschman,R-$21.10; Klein,B-$13.70; Langer,M-$19.62; Larsen,K- $18.88; Larson,B-$26.28; Larson,J-$20.36; Larson,T-$52.22; Lemke,J-$22.58; Lewton,E- $12.22; Lower,M-$61.10; Maier,A-$26.28; Morgan,W-$61.10; Nelson,J-$21.84; Nelson,R- $51.48; Peters,P-$23.32; Polley,T-$21.10; Polyakov,U-$21.84; Pummel,C-$22.58; Schafer,B- $22.58; Schettler,T-$61.10; Selby,L-$22.58; Spurlock,L-$21.10; Stahlecker,S-$24.80; Sulzbach,H-$24.80; Weiers,A-$10.74; Willson,D-$20.36; Reller,L-$20.00; Gaaskjolen,Z- $20.00; Adam,J-$22.58; Afdahl,E-$22.58; Agan,S-$15.18; Arehart,J-$183.30; Barrett,M-$12.22; Barrios,C-$21.10; Berry,B-$187.74; Bialorucki,S-$185.52; Bondeson,B-$187.74; Callaway,D- $19.62; Cermak,A-$194.40; Clites,S-$26.28; Crawford,D-$11.48; Dahl,E-$21.10; Devries,C- $28.50; Duckett,L-$12.96; Eisenbraun,H-$185.52; Essink,S-$24.80; Evans,D-$20.36; Franke,D- $20.36; Frickey,J-$28.50; Griffith,M-$22.58; Gustafson,D-$11.48; Harrison,M-$10.74; Hoglo,W-$192.18; Holstein,J-$21.10; Imker,A-$22.58; Johnson,C-$21.10; Karas,D-$28.50; Karns,G-$27.76; Keehn,L-$10.74; Keehn,M-$12.22; Ketelsen,V-$21.10; Kirk,M-$185.52; Kirschman,J-$21.10; Kivimaki,A-$20.36; Kloppel,J-$21.84; Koutavas,K-$10.74; Kratz,C- $12.22; Macleod,F-$25.54; Mattox,A-$172.20; Mettler,B-$24.80; Meyer,L-$21.10; Mitchell,D- $176.64; Mitchell,L-$16.66; Mundorf,K-$21.84; Oldenkamp,R-$19.62; Paulsen,L-$187.74; Peep,S-$24.80; Percevich,D-$12.22; Prentice,S-$21.10; Rachetto,C-$13.70; Rath,J-$21.10; Rausis,R-$10.74; Rawlings,J-$28.50; Rebsom,P-$24.80; Reed,J-$21.10; Ryan,B-$21.10; Salyers,P-$14.44; Schmidt,W-$14.44; Schwartz,J-$14.44; Sipe,S-$205.50; Stadel,M-$30.72; Thompson,C-$27.02; Thompson,M-$10.74; Tippey-Swanson,B-$21.84; Ullrich,B-$189.96; Vincent,D-$29.98; Wegner,P-$32.20; Wetz,J-$24.80; Wilson,D-$21.84; Zimmerman,L-$12.22; Anderson,A-$12.22; Begeman,V-$19.62; Brock,D-$21.10; Brownell,D-$20.36; Church,C- $61.84; Conway,T-$18.14; Couch,C-$62.58; Crellin,J-$12.22; Davis,E-$21.10; Essink,J-$18.88; Fierro,L-$19.62; Flint,M-$58.88; Foos,J-$21.10; Friez,D-$21.10; Geuke,R-$10.74; Gray,C- $54.44; Gurney,A-$24.80; Hausman,C-$21.10; Hayworth,L-$24.80; Jordan,B-$61.84; Kazmer,M-$23.32; Kiel,K-$61.10; Kilian,K-$12.22; Lenerville,A-$18.88; Lundquist,A-$15.92; Lynn,W-$24.80; Macneill,J-$24.80; Madsen,T-$13.70; Maser,P-$61.10; Means,J-$10.74; Miles,K-$22.58; Mittleider,J-$20.36; Pedersen,S-$24.80; Pharr,W-$21.84; Rantapaa,R-$52.22; Rebson,S-$24.80; Rembold,K-$50.74; Schroeder,M-$61.10; Sewell,L-$61.84; Spaans,S-$21.10; Thrall,R-$51.48; Torgerson,J-$28.50; Vavruska,B-$21.10; Watt,P-$21.10; Whiton,A-$11.48; Williams,A-$64.80;

ADJOURN: 2:24 p.m. there being no further business it was Moved-Seconded (Thompson- Ewing) to adjourn. Motion Carried.

______Date Approved

______Terry W. Weisenberg, Chairperson ATTEST:

______Connie Atkinson, Auditor LAWRENCE COUNTY BOARD OF ADJUSTMENT MEETING – June 22, 2008

Chairperson Terry W. Weisenberg called the Lawrence County Board of Adjustment meeting to order at 9:30 a.m. on July 22, 2008 in the Administrative Annex Building of the Lawrence County Courthouse located at 90 Sherman Street, Deadwood, SD with Commissioners Bob Ewing, Connie H. Douglas, James J. Seward and Tommy Thompson present.

All motions were passed by unanimous vote, by all members present, unless stated otherwise.

VARIANCE #118 & #119 / WASHACHEK: A public hearing was held on an application for Variance #118 & #119 for Daryl & Rita Washachek - for a 24’ Variance to the 25’ setback to for an addition to an existing residence and a 17' variance to the 25' setback for an addition to an existing garage on Tract 7 Hay Springs Estates Located on Nemo Road. No public input was voiced and the hearing was closed.

Moved-Seconded (-) to approve Variance #118 & #119 for Daryl & Rita Washachek. Motion Carried.

ADJOURN: 9:36 a.m. There being no further business it was Moved-Seconded (Douglas- Seward) to adjourn. Motion Carried. ______Date Approved

______Terry W. Weisenberg, Chair ATTEST:

______Connie Atkinson, Auditor LAWRENCE COUNTY COMMISSIONERS MEETING – August 19, 2008

Terry W. Weisenberg called the regular meeting of the Lawrence County Commissioners to order at 8:00 a.m. on August 19, 2008 in the Administrative Annex Building of the Lawrence County Courthouse located at 90 Sherman Street, Deadwood, SD with Commissioners, Bob Ewing, James J. Seward, and Tommy Thompson present. Connie H. Douglas was absent.

All motions were passed by unanimous vote, by all members present, unless stated otherwise.

AGENDA: Moved-Seconded (Ewing-Thompson) to approve the agenda as amended. Motion Carried. Absent Douglas.

MINUTES: Moved-Seconded (Ewing-Seward) to approve the minutes of July 22, 2008 County Commission meeting. Motion Carried. Absent Douglas.

PERSONNEL: SHERIFF: Moved-Seconded (Ewing-Thompson) to approve Dan Brady as a Reserve Deputy 1 G 3 at a base rate of $13.16 effective 8-1-2008. Motion Carried. Absent Douglas.

Moved-Seconded (Seward-Ewing) to change the job description of a Reserve Deputy I and II to a Special/Reserve Deputy I and II. Motion Carried. Absent Douglas.

Moved-Seconded (Seward-Ewing) to approve Mike Shafer, Andy Hulm, Roger Asheim and John Walker as a Special Deputy II G 3 at a base rate of $15.21 effective 8-19-2008. Motion Carried. Absent Douglas.

TREASURER: Moved-Seconded (Seward-Weisenberg) to approve Sally Atkinson as First Deputy at a base rate of $16.04 effective 9-1-2008. Motion Carried. Absent Douglas.

Moved-Seconded (Ewing-Weisenberg) to approve Ina Peck as an Administrative Secretary G 3 at a base rate of $14.72 effective 9-1-2008. Motion Carried. Absent Douglas.

Moved-Seconded (Seward-Thompson) to approve Carol Sjomeling as a Part Time First Deputy at a base rate of $16.04 effective 9-1-2008. Motion Carried. Absent Douglas.

REGISTER OF DEEDS: Moved-Seconded (Ewing-Seward) to approve Mary Slane as First Deputy at a base rate of $16.04 effective 8-18-2008. Motion Carried. Absent Douglas.

STATES ATTORNEY: Moved-Seconded (Seward-Ewing) to approve a $3,830.00 raise for Brenda Yapp effective 8-18-2008. Motion Carried. Absent Douglas

TRAVEL REQUEST: EQUALIZATION: Moved-Seconded (Thompson-Weisenberg) to approve the travel request for Darlene Piekkola to attend the International Association of Assessing Officers Conference in Reno Nevada September 5-12, 2008. Motion Carried. Absent Douglas.

AUDITOR’S ACCOUNT WITH TREASURER REPORT: Moved-Seconded (Seward- Ewing) to accept the following report as read by the Auditor. Motion Carried. Absent Douglas. Auditor's Account with the County Treasurer: as of July 31, 2008 showed the following: Total amount of actual cash-$1,250.00; Total amount of Checks and drafts in Treasurer's possession not exceeding three days (check deposit in transit)-$30,094.88; Total amount of cash in transit in Treasurer's possession (cash deposit in transit)-$3,095.63; Petty Cash-$1,635.00; Total amount of deposits in bank include: CD's-$5,700,000; Savings $261,062.34, Money Market $518,832.30; Bank Balance-$3,629,626.48; Total $10,145,596.63.

RESOLUTION #08-26 INITIATED MEASURE #10 OPPOSITION: Moved-Seconded (Seward-Thompson) to approve the following Resolution #08-26 Initiated Measure # 10 opposition. Motion Carried. Absent Douglas. RESOLUTION #08-26 Initiated Measure #10 Opposition, WHEREAS , Initiated Measure #10 would prohibit any county from paying dues to any association that lobbies; WHEREAS, it is far more efficient and cost effective to join together with our fellow counties through the South Dakota Association of County Commissioners for coordinated communication with the Legislature than to have each county stand alone; WHEREAS , the costs to taxpayers of having each county monitor, report, and travel to Pierre to participate in the legislative session would be much greater than any dues to the South Dakota Association of County commissioners; WHEREAS , coordinated communication with Legislators leads to more efficiency in the legislative process and has saved millions of dollars in taxpayer funds; WHEREAS, restricting the ability of South Dakotans to support candidates and communicate with their elected public officials is a violation of their right to freedom of speech; WHEREAS, the measure will be challenged in court and will most likely be found to be unconstitutional, costing millions of dollars in taxpayer money; WHEREAS, Initiated Measure #10 does not limit State government-paid lobbyists, out-of-state lobbyists or corporate lobbyists, but only stifles coordinated voices for local control; WHEREAS, the Lawrence County Commissioners find that county officials throughout South Dakota are dedicated, honest and ethical people with the best interests of their counties in mind and that counties take great pride in providing open, honest government to our citizens; WHEREAS, the thousands and thousands of South Dakotans who do business with the State, Cities, Counties and other governmental entities should not be penalized for providing such services; WHEREAS, civic groups who work to better their community, and often require local funding to provide their services, should not be prohibited from communicating their needs to local public servants; WHEREAS, the forces supporting Initiated Measure #10 will not reveal the source of their funding, leaving the reasonable assumption that out-of-state special interests are once again attempting to hijack the South Dakota ballot and abuse our initiative process; NOW THEREFORE BE IT RESOLVED, the Lawrence County Commissioners strongly oppose Initiated Measure #10 and urge the citizens of South Dakota to vote “NO” on the measure. Dated this 19 th day of August, 2008. FOR THE BOARD: Terry W. Weisenberg, Chair ATTEST: Brenda McGruder, Deputy Auditor

RESOLUTION #08-25 TITLE III: Moved-Seconded (Seward-Ewing) to approve the following Resolution #08-25 H.R. 2389 “SECURE RURAL SCHOOLS AND COMMUNITY SELF-DETERMINATION ACT OF 2000” Motion Carried. Absent Douglas. RESOLUTION #08-25, H.R. 2389 “SECURE RURAL SCHOOLS AND COMMUNITY SELF- DETERMINATION ACT OF 2000” PURPOSE: Yearly Designation of the Amount of Funding to be Assigned to Title II and Title III Projects WHEREAS, the U.S. Congress has passed a one- year extension of the Secure Rural Schools and Community Self-Determination Act of 2000, and WHEREAS, Lawrence County previously selected to receive full safety net payments derived from Forest Revenue payments for roads and schools, and WHEREAS, Lawrence County dedicated 15% of its safety net payments to be allocated to Title II or Title III local projects under this legislation, and WHEREAS, Lawrence County must declare each year what percentage of the local project funds will be dedicated to Title II or Title III projects, and THEREFORE BE IT RESOLVED, that Lawrence County intends to allocate the portion of funds which it receives for local projects through the safety net payments 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, 2008. Dated this 19 th day of August, 2008. FOR THE BOARD: Terry W. Weisenberg CHAIR ATTEST: Brenda McGruder ,DEPUTY AUDITOR

RESOLUTION #08-22 LIQUOR LICENSES: Moved-Seconded (Seward-Weisenberg) to approve the following Resolution #08-22 Liquor Licenses for 2009. Motion Carried. Absent Douglas. RESOLUTION #08-22 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 2008, whichever is less for the ensuing year, and Five (5) RetailOn-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: Guadalajara Mexican Restaurant, Queen City VFW Post #5860, Spearfish Chophouse & Whiskey Bar, 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., 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, Nemo Mercantile, St. Onge Bar & Grill, C) Retail On-Sale Wine - Fee - $500.00, Latchstring Village, Seven Down LLC, Mystic Hills Cabins & Campground, Nemo Guest Ranch, Cheyenne Crossing Store, D) Sunday On- Sale liquor licenses-Additional - $200.00, DATED at Deadwood, South Dakota, this 19 th day of August, 2008. FOR LAWRENCE COUNTY COMMISSIONERS, TERRY W. WEISENBERG, Chairman. ATTEST: Brenda McGruder, Deputy Auditor

RESOLUTION #08-24 SURPLUS PROPERTY: Moved-Seconded (Seward-Thompson) to approve the following Resolution #08-24 Surplus Property. Motion Carried. Absent Douglas. RESOLUTION #08-24 SURPLUS 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 19th day of August 2008, For the Board of Lawrence County Commissioners: Terry W. Weisenberg, Chairperson. ATTEST: Brenda McGruder, Deputy Auditor.

SUPPLEMENTAL BUDGET: A public hearing was held on a supplemental budget request for the Juvenile Detention Center & Nurses Budget. No public input was voiced and the hearing was closed. Moved-Seconded (Seward-Ewing) to approve and authorize the Chairman to sign Resolution #08-23 for a Supplemental Budget. Motion Carried. Absent Douglas. RESOLUTION #08-23 TO ADOPT A SUPPLEMENTAL BUDGET: WHEREAS, the County Budget for Lawrence County, South Dakota, for the fiscal year 2008, 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 2008, and that in said budget there will be and is hereby appropriated the following sum of money, to-wit: GENERAL FUND: JUVENILE DETENTION CENTER – $25,000; NURSE – SD DEPT HEALTH - $500. 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 19 th day of August, 2008 at the hour of 10:30 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 19 th day of August, 2008. FOR THE BOARD OF COUNTY COMMISSIONERS: TERRY W. WEISENBERG, Chairperson. ATTEST: BRENDA MCGRUDER, DEPUTY AUDITOR

HOMELAND SECURITY GRANT-TITLE III TRUCK PURCHASE: Moved-Seconded (Seward-Weisenberg) to authorize Paul Thomson, Emergency Management Supervisor, to purchase a 2008 F350 Crew Cab off of State Bid in the amount of $31,738.50. Motion Carried. Absent Douglas.

PSIC GRANT PROGRAM: Moved-Seconded (Seward-Ewing) to authorize the Chairman to sign the grant agreement with South Dakota Department of Public Safety in the amount of $241,428.00 to purchase new digital radios. Motion Carried. Absent Douglas.

HIGHWAY BUSINESS:

BID OPENING/ASPHALT ON .844 MILE OF OLD HIGHWAY 14C: The following bids were received for the .844 Mile of Old Highway 14C. Simon Contractors of SD, Inc.- $627,191.85; Hills Materials Company-$477,625.02. Moved-Seconded (Thompson-Ewing) to table the bids until the next meeting on September 2, 2008. Motion Carried. Absent Doulgas.

UTILITY PERMITS: Moved-Seconded (Seward-Thompson) to approve and authorize the Chairman to sign the Utility Permit for Black Hills Power on 775’ South of Jeffery Ranch Road on Christensen Road, Spearfish. Motion Carried. Absent Douglas.

BRIDGE ABUTMENT REHABILITATION PROJECT-STRUCTURE 41-079-006: Moved –Seconded (Ewing-Thompson) to authorize the chairman to sign the Bridge Abutment Rehabilitation Project-Structure 41-079-006 with Ainsworth-Benning Construction, Inc. Motion Carried. Absent Douglas.

PLANNING & ZONING:

ORDINANCE #08-05 ADDITION OF MECHANICAL REPAIR TO SRD ZONING DISTRICT: ORD 08-05 Addition of Mechanical Repair to the SRD Zoning District Owner/Representative: Amber Vogt/Bruce Outka Action Required: Approval/Denial Purpose: To add mechanical repair, iron salvage and fabrication businesses to the SRD zoning district.

Moved-Seconded (Seward-Ewing) to set a public hearing for ordinance #08-05 Addition of Mechanical Repair to the SRD Zoning District for September 2, 2008 at 9:15 a.m. Motion Carried. Douglas Absent.

CUP #363-DENNY, JULIE AND BEULAH REHORST-TEMPORARY SECOND RESIDENCE: CUP #363-Denny, Julie and Beulah Rehorst-Temporary Second Residence Owner/Representative: Denny, Julie and Rehorst Action Required: Approval/Denial Legal Description: Tract A Plat of Lots B, Section 26, T7N, R3E (legal shortened) Location: St. Onge Purpose: Temporary Second Residence Zoning: RR

Moved-Seconded (Ewing-Seward) to set a public hearing for CUP #363 Denny, Julie and Beulah Rehorst-Temporary Second Residence for September 2, 2008 at 9:00 a.m. Motion Carried. Absent Douglas.

2nd READING & PUBLIC HEARING CHANGE OF ZONING #278 & PLANNED UNIT DEVELOPMENT #13 / AVENTURE ESTATES: 2nd reading and a public hearing was held on Change of Zoning #278 for Aventure Estates, LLC-Town homes-PF to SRD Owner/Representative: Aventure Estates, LLC/Mike Percevich, Legal Description: MS 902, Mohock B in Section 12, T4N, R2E, (Legal Shortened), Location: Terry Peak Summit, Purpose: Subdivision for Town homes, Zoning: PF to SRD. (Coincides with PUD #13)

A public hearing was also held on PUD #13-Aventure Estates, LLC-Town homes, Owner/ Representative: Aventure Estates, LLC/Mike Percevich, Legal Description: MS 902, Mohock B in Section 12, T4N, R2E, (Legal Shortened) Location: Terry Peak Summit, Purpose: Town homes, Zoning: PF.

Moved-Seconded (Seward-Weisenberg) to follow the recommendation of approval contained in the Planning and Zoning staff report for the reasons set forth therein and approve Conditional Use Permit #278, with conditions as on file in the Planning & Zoning Office. Motion Carried. Absent Douglas.

Moved-Seconded (Seward-Weisenberg) to follow the recommendation of approval contained in the Planning and Zoning staff report for the reasons set forth therein and approve Planned Unit Development #13. Motion Carried. Absent Douglas.

2nd READING & PUBLIC HEARING CHANGE OF ZONING # 279 REXCO LLC: 2nd Reading and a public hearing was held on COZ #279 Rexco LLC: Zoning from A-1 to C/LI, Owner/ Representative: Jim Christianson, Legal Description: Tract B located in the N1/2 of the NW1/4, Section 21, T6N, R4E., Location: Whitewood, Purpose: To run an equipment for hire, for sale and repair business.

Moved-Seconded (Ewing-Seward) to follow the recommendation of approval contained in the Planning and Zoning staff report for the reasons set forth therein and approve Conditional Use Permit #279, with conditions as on file in the Planning & Zoning Office. Motion Carried. Absent Douglas.

2nd READING & PUBLIC HEARING CHANGE OF ZONING #275 – WILLOW CREEK LAND TRUST / MIKE SACK: 2nd Reading and a public hearing was held on COZ ##275 Mike Sack - A-1 to A-2, Owner/Representative: Willow Creek Land Trust – Michael Sack, Legal Description: W1/2 W1/2 NW1/4 SE1/4 and E1/2 SE1/4 NW1/4 Ex Tracts A&B – E1/2 NE1/4 SW ¼ all in Section 28, T7N, R2E, Location: North of Spearfish, Purpose: Subdivision to build one more home on property, Zoning: A-1 to A-2.

Moved-Seconded (Ewing-Seward) to follow the recommendation of approval contained in the Planning and Zoning staff report for the reasons set forth therein and approve Conditional Use Permit #275, with conditions as on file in the Planning & Zoning Office. Motion Carried. Absent Douglas.

2nd READING & PUBLIC HEARING ORDINANCE #08-04 TEMPORARY USE PERMITS: 2 nd Reading and a public hearing was held on the proposed Ordinance #08-04 for Temporary Use Permits.

Moved-Seconded (Ewing-Thompson) to follow Planning & Zoning recommendation and adopt Ordinance #08-04 Temporary Use Permits. Motion Carried. Absent Douglas.

RECESS: 9:41 a.m. Moved-Seconded (Seward-Ewing) to recess the County Commission Meeting. Motion Carried. 10:00 a.m. The Chairman called the meeting back to order.

OATH OF OFFICE: Chairman Terry Weisenberg administered the Oath of Office to Sheree Green, Register of Deeds.

PILOT PROJECT FOR MICROGRAVITY MEASUREMENTS: Dan Driscoll, U.S. Geological Survey, was present to discuss the pilot project for Microgravity Measurements. Moved-Seconded (Ewing-Seward) to transfer $15,000.00 from the Commissioners Contingency fund to Commissioners Professional Service for the year 2008. Moved-Seconded (Seward- Thompson) to dedicate $15,000.00 from the 2009 budget. Motion Carried. Absent Douglas.

GILDED MOUNTAIN LLC PLAT: Moved-Seconded (Seward-Weisenberg) to approve the final plat for Owner/Representative: Gilded Mountain LLC/Randy Deibert-Lots 6,7,29,30,35,36 Gilded Mountain Subdivision, Located on Hwy 85 South of Lead. Motion Carried. Douglas Absent.

GREENVIEW LLC PLAT Moved-Seconded (Ewing-Seward) to approve the final plat for Owner/Representative: Greenview LLC/Arleth & Associates-Tract A Greenview Estates, Located on Hwy 85 South of O'Neill Pass. Motion Carried. Douglas Absent

HIGHWAY 85 CORRIDOR JOINT COUNTY/CITY LAND USE STUDY: Amber Vogt, Planning & Zoning Administrator, and Jayna Watson, City of Spearfish Planning & Zoning Director, presented the Highway 85 Corridor Joint County/City Land use study. There will be public meeting held at City Hall in Spearfish on August 26, 2008 at 6:30 p.m.

BILLS: Moved-Seconded (Thompson-Weisenberg) to approve payment of the following 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-$5,918.07; Aud- $6,840.40; Treas-$9,641.48; Comp-$5,440.01; States Atty-$11,178.78; Pub Def-$8,573.07; Gen Govt Bldg-$7,172.14; Equal-$13,596.93; Deeds-$7,650.77; Vso-$1,086.23; Disp-$10,824.88; Sher-$32,866.54; Jail-$22,129.81; Emerg Mgnt-$3,194.61; E911-$1,522.80; Highway- $34,352.47; Air-$1,115.60; Ext-$1,359.20; Weed-$5,692.91; Pz-$3,843.36; Bills: Bell,Z-$65.93; Dias,G-$32.19; Frerichs,A-$232.49; Hodson,T-$139.00; Mcgruder,R-$88.80; Mowell, R- $8,196.00; Rombough,D-$153.92; Rosenau,R-$2.96; Runge,B-$139.00; Sandvig,S-$139.00; Schulz,S-$108.00; Symonds,C-$139.00; Vogt,A-$108.00; Alltel-$1,275.62; American Family Life-$3,256.63; BH Federal Credit Union-$19,260.66; BH Power & Light-$8,430.38; Credit Collections Bureau-$271.45; Deadwood Recreation Center-$157.00; Delta Dental Of South Dakota-$5,063.10; Dept Of The Treasury-$90,667.39; Express Collections-$100.00; Hartford- Priority Accounts-$1,422.25; Johnson, Rodenbrug & Lauinger-$75.00; Knology-$131.31; LC Treasurer-$50.00; Lead, City Of-$104.99; Medica-$52,478.05; NH Family Ymca-$481.80; Office Of Child Support-$195.69; Old West Escrow Co-$600.00; SD Retirement System- $47,801.07; Sdrs Supplemental Retirement-$1,5730.00; A&B Business Equip-$3,217.01; A&B Welding Supply-$54.03; Abc Business Supply-$569.19; Accurint Account-$80.00; Adams Museum & House-$5,000.00; Alco Store-$99.92; Amcon Distributing-$235.38; American Tech Serv-$510.00; Anderson Oil Co-$125.87; At&T-$1.62; BH Ammunition-$639.20; BH Chemical Company-$1,792.62; BH Land Analysis-$1,102.50; BH Medical Ctr Pharmacy-$1,917.96; BH Pest Control-$95.00; BH Pioneer-$733.67; BH Window Cleaning-$16.00; Baseco-$2,006.62; Bell, J.D-$330.00; Best Business Prod-$19.26; Best Western Of Huron-$139.50; Biegler,Greg- $60.00; Black Hills Auto Parts-$63.99; Black Hills Pure-$46.00; Bob Barker Company-$576.26; Brady Pluimer,P.C-$5,002.28; Brownsville Fire Dept-$2,845.67; Butte Electric Coop-$320.83; Carls Trailer Sales-$1,139.67; Central Parts-$575.62; Chain Saw Center/Dakota Equip-$106.22; Chemical Sanitizing Sys-$114.66; Chris Supply Co-$732.69; Christensen Law Office-$725.25; City/County Alcohol &Drug-$1,828.00; Clarey's Safety Equip-$396.03; Clinical Lab Of BH- $1,610.77; Conoco-$651.31; Corral West-$69.90; Credit Collections Bureau-$100.00; Culligan Soft Water Serv-$172.50; Deadwood Home Center-$82.01; Deadwood Vol Fire Dept- $10,194.56; Deadwood, City Of-$734.45; Dietrich,Donna-$134.34; Ecolab-$121.50; Eddie's Truck Sales/Serv-$43.78; Ellingson,Joseph-$1,080.26; Et Sports-$1,076.94; Evans,Glenn- $190.66; Express Collections-$100.00; Extension Service-$31.61; Fastenal-$42.69; Federal Express Corp-$17.47; First Western Bank-$681.56; Fish,Veronica-$115.60; Fisher Sand & Gravel-$26,104.14; Fleet Services-$314.10; Foothills Contracting-$361,700.82; Fox, Youngberg & Lewno-$525.68; Frederickson,John-$184.00; Fsh Communications-$61.26; Gene's Lock Shop-$118.86; Genpro Power Systems-$180.00; Godfrey's Brake Serv-$1,703.28; Great Western Tire-$25.95; Greens Alignment-$845.49; Grimm's Pump Service-$10,865.00; Hart Backhoe Service-$130.00; Heartland Paper Co-$213.05; Heisler Hardware-$69.38; Hewlett-Packard Company-$2,349.00; Hickok's Iron Horse Inn-$73.27; Hills Material Comp-$108,105.16; Homestake Mining Co-$449.80; Huntley Plastering & Stucco-$5,278.50; Ibm Corp-$542.68; Integrity Ford-$25,066.00; Intoximeters-$222.50; Jacobs Precision Welding-$30.04; Janke,Wendy-$1,530.00; Johnson, Rodenbrug & Lauinger-$75.00; Kadrmas, Lee And Jackson- $36,167.11; Karpinen,Sharon-$945.00; Kieffer,Tracy (Binder)-$71.40; Kimball-Midwest Co- $145.61; Knecht True Value-$89.95; Knology-$328.80; Kooistra,Nelva-$15.00; Kosel,Joseph- $8,466.10; LC Extension-$21.67; LC Journal-$1,020.81; LC Sheriff-$263.57; LC Treasurer- $63.00; Lead Fire Department-$23,888.42; Lead, City Of-$46.55; Lead-Deadwood Regional- $148.39; Lead-Deadwood Regional Hospital-$1,259.97; Lead-Deadwood Sanitary-$305.82; Lee,James-$15.00; Lewis & Clark Bhs-$142.00; Lexisnexis On-Line-$397.00; Light & Siren- $120.73; Lueders-$7.03; M&T Fire & Safety-$99.37; Mcclure,Susan-$360.00; Meade County Sheriff-$21.60; Mg Oil Company-$51,215.82; Mid America Specialties-$1,580.06; Midwest Alarm-$84.00; Miller,Steve-$4,348.98; Minitman-$452.90; Minnwest Bank Sioux Falls- $171.03; Montana Dakota Utilities-$2,295.75; Moss,William Psy-$1,560.00; NJS Engineering- $3,420.60; Nelson,Christy-$270.00; Nelson,Tonya-$1,305.00; Nemo Volunteer Fire Dept- $1,227.82; Neve's Uniforms-$229.29; Northern Power Technologies-$11,700.00; Oberle's Radiators & Repairs-$80.00; Office Depot-$597.69; Office Of Child Support-$195.69; Office Technology/Supply-$2.46; Outdoor Motor Sports-$89.79; PIE Inc-$10,146.80; Paasd-$500.00; Parcel,Rich-$837.00; Pennington Co Jail-$1,845.45; Pennington County Sheriff-$732.08; Pennington County Sts Attny-$400.00; Perrenoud, Mark W Phd-$750.00; Queen City Tire- $9.50; Quill Corp-$62.22; Qwest-$1,434.31; RC Finance Office-$1,470.00; RC Regional Hospital-$2,712.00; Radio Shack/Kazco-$599.98; Rapid Delivery-$19.10; Rapidcare-$140.00; Rasmussen Mechanical Serv-$3,164.88; Regional Behavioral Health-$225.20; Rehfuss,Cathryn- $15.00; Reindl,Staci-$4,054.11; Reliable-$161.17; Richard L Leir,Msw,Csw/Pip-$850.00; Rochford Vol Fire Dept-$671.70; Rocket Lube-$307.14; Royal Electric-$2,514.93; SD Assn Of Co Comm-$160.00; SD Public Assur Alliance-$38,027.00; SD State Treasurer-$1,575.85; Sand Creek Printing-$294.00; SD State Fair-$70.00; Servall Towel & Linen-$1,027.02; Seward & Odenbach-$1,496.86; Sheraton Sf Convention Center-$1,400.00; Spearfish Auto Supply- $963.49; Spearfish Canyon Fire Dept-$1,982.57; Spearfish City Of-$99.00; Spearfish Fire Dept- $33,082.66; Spearfish Husky-$63.80; Spearfish Police Dept-$28,161.12; St Onge Fire Dept- $1,072.54; St Onge Township-$1,100.00; State Radio Communication-$4,224.00; Sturgis Fire Department-$1,625.06; Tellinghuisen & Gordon-$468.01; The Mercantile-$103.97; Tigerdirect- $687.53; Triple K Tire & Repair-$285.90; Turbiville Industrial Electric-$667.71; Twin City Hardware & Lumber-$1,492.82; Uap Timberland-$1,100.00; Ultramax-$599.97; United Parcel Service-$2.20; Usd School Of Law-$48.00; Verizon Wireless-$120.36; Victims Of Violence- $1,645.00; Warne Chemical-$100.00; Waste Connections-$505.80; Watertree-$120.50; Wells Fargo Business Card-$334.92; West Group-$1,687.00; Western Communication-$566.50; Western Sd Juvenile Serv-$2,800.00; White's Queen City Motors-$395.54; Whitewood Vol Fire Dept-$4,470.72; Williams & Associates-$6,438.00; Wolff's Plumbing & Heating-$362.08; Xerox Corporation-$56.88; Yankton Co Sheriff-$75.00; Yankton County-$101.25; Z&S Dust Control-$79,637.04; Witness & Jurors: Beusch,G-$61.10; Anderson,V-$31.10; Lundin,M- $20.00; Bukovac,W-$20.00; Anderson,T-$31.10; Smith,M-$45.53; Beyl,J-$50.74; Ferris,W- $101.48; Gregory,J-$101.48; Hanson,M-$67.02; Kapsa,C-$61.10; Langer,M-$119.24; Larson,B- $66.28; Lemke,J-$62.58; Lower,M-$61.10; Morgan,W-$61.10; Nelson,J-$61.84; Nelson,R- $51.48; Peters,P-$126.64; Pummel,C-$125.16; Schafer,B-$62.58; Schettler,T-$61.10; Selby,L- $125.16; Berry,W-$20.00; Dahl,G-$29.25; Freeman,R-$30.84; Hansen,A-$31.10; Hill,J-$31.10; Helleckson,K-$53.30; Host,S-$25.18; Hulen,P-$20.00; Iverson,J-$37.02; Mannion,C-$20.00; Maskell,M-$20.00; Mathis,L-$31.10; Mckinney,A-$31.10; Navas,D-$20.00; Rierson,K-$20.37; Salzer,M-$32.58; Stumvoll,C-$32.58; Twamley,T-$20.00; Walton,J-$34.06

ADJOURN: 11:17 a.m. there being no further business it was Moved-Seconded (Ewing- Thompson) to adjourn. Motion Carried.

______Date Approved

______Terry W. Weisenberg, Chairperson ATTEST:

______Connie Atkinson, Auditor LAWRENCE COUNTY BOARD OF ADJUSTMENT MEETING – August 19, 2008

Chairperson Terry W. Weisenberg called the Lawrence County Board of Adjustment meeting to order at 9:41 a.m. on August 19, 2008 in the Administrative Annex Building of the Lawrence County Courthouse located at 90 Sherman Street, Deadwood, SD with Commissioners Bob Ewing, James J. Seward and Tommy Thompson present. Absent Connie H. Douglas.

All motions were passed by unanimous vote, by all members present, unless stated otherwise.

VARIANCE #118 & #119 / WASHACHEK: A public hearing was held on an application for Variance #118 & #119 for Daryl & Rita Washachek - for a 24’ Variance to the 25’ setback for an addition to an existing residence and a 17' variance to the 25' setback for an addition to an existing garage on Tract 7 Hay Springs Estates Located on Nemo Road. No public input was voiced and the hearing was closed.

Moved-Seconded (Seward-Ewing) to approve Variance #118 & #119 for Daryl & Rita Washachek. Motion Carried. Absent Douglas.

ADJOURN: 9:59 a.m. There being no further business it was Moved-Seconded (Seward- Ewing) to adjourn. Motion Carried. ______Date Approved

______Terry W. Weisenberg, Chair ATTEST:

______Connie Atkinson, Auditor

LAWRENCE COUNTY COMMISSIONERS MEETING – September 2, 2008

Terry W. Weisenberg called the regular meeting of the Lawrence County Commissioners to order at 8:00 a.m. on September 2, 2008 in the Administrative Annex Building of the Lawrence County Courthouse located at 90 Sherman Street, Deadwood, SD with Commissioners, Connie H. Douglas, Bob Ewing, James J. Seward, and Tommy Thompson present.

All motions were passed by unanimous vote, by all members present, unless stated otherwise.

2009 BUDGET HEARING: A public hearing was held on the proposed 2009 Budget. Moved- Seconded (Douglas-Weisenberg) to adjust the allotment to Prairie Hills Transit to the 2008 level of $7,500, making the addition of $2,500 to the “525 Senior Citizens budget” for a total budget of $12,500. Motion Carried. Aye-Douglas, Ewing & Weisenberg. Nay-Seward & Thompson.

Dave Heck presented a revised budget for 2009. Heck asked for an additional $65,000 in the 2009 budget. The increase in the budget can be covered from additional revenue received in 2008. Moved-Seconded (Douglas-Ewing) to adjust the 2009 Invasive Species Management budget to $212,756 and increase the cash surplus applied by $65,000. Motion Carried.

The budget hearing will be continued on September 16, 2008.

AGENDA: Moved-Seconded (Seward-Weisenberg) to approve the agenda as amended. Motion Carried.

MINUTES: Moved-Seconded (Seward-Weisenberg) to approve the minutes of August 19, 2008 County Commission meeting and August 19, 2008 Board of Adjustment Meeting. Motion Carried.

PERSONNEL: SHERIFF: Moved-Seconded (Seward-Ewing) to approve Larry Langenfeld as a part-time as needed special deputy at the base rate of $13.16 an hour, effective 9-1-2008. Motion Carried.

EQUALIZATION: Moved-Seconded (Ewing-Thompson) to approve Timothy Hodson as an Appraiser 3 G3 at the base rate of $15.79 an hour, effective 9-1-2008. Motion Carried.

HIGHWAY BUSINESS:

ASPHALT ON .844 MILE OF OLD HIGHWAY 14C: Moved-Seconded (Thompson-Ewing) to bring off the table the bids for the Asphalt project on Old Highway 14C. Motion Carried.

Moved-Seconded (Seward-Weisenberg) to follow the recommendation of Dick Birk and accept the low bid from Hills Materials for $477,625.02 for the .844 Mile of Old Highway 14C. Motion Carried.

UTILITY PERMITS: GOLDEN WEST TELECOM: Moved-Seconded (Ewing-Seward) to approve and authorize the Chairman to sign the Utility Permit for Golden West Telecom located in T6N, R2E in Sections 8 & 9 along Oliver Street. Motion Carried.

BLACK HILLS POWER: Moved-Seconded (Thompson-Seward) to approve and authorize the Chairman to sign the Utility Permit for Black Hills Power located on 21276 Spring Run Road. Motion Carried.

ABATEMENTS: CRAIG & SONA O’CONNELL: Moved-Seconded (Seward-Thompson) to approve the abatement for Craig & Sona O’Connell on parcel #32970-00130-035 because the 72 Rushmore mobile home was destroyed by fire on June 11, 2008. Motion Carried.

REGIONAL HEALTH NETWORK INC.: Moved-Seconded (Seward-Weisenberg) to approve the abatement for Regional Health Network on parcel #32540-00100-000-20 and parcel #32540-00100-000-40 because SDCL 10-4-9.3 Exempt from taxation. Motion Carried. Aye- Douglas, Seward, and Weisenberg. Nay-Thompson & Ewing.

PLANNING & ZONING:

CUP #363-DENNY, JULIE AND BEULAH REHORST-TEMPORARY SECOND RESIDENCE: A public hearing was held on CUP #363-Denny, Julie and Beulah Rehorst- Temporary Second Residence Owner/Representative: Denny, Julie and Beulah Rehorst, Legal Description: Tract A Plat of Lots B, Section 26, T7N, R3E (legal shortened) Location: St. Onge Purpose: Temporary Second Residence Zoning: RR. No public input was voiced and the hearing was closed.

Moved-Seconded (Ewing-Seward) to follow the recommendation of approval contained in the Planning and Zoning staff report for the reasons set forth therein and approve Conditional Use Permit #363, with conditions as on file in the Planning & Zoning Office. Motion Carried.

ORDINANCE #08-05 ADDITION OF MECHANICAL REPAIR TO SRD ZONING DISTRICT: First Reading was held on ORD 08-05 Addition of Mechanical Repair to the SRD Zoning District Owner/Representative: Amber Vogt/Bruce Outka Purpose: To add mechanical repair to the SRD zoning district. Planning and Zoning recommended approval of Mechanical Repair to the SRD Zoning District. Douglas recommended amending the addition to “Mechanical Repair/Automobile and Small Engine Repair, Excluding Vehicles Over 1 Ton”.

FINAL PLAT / GRANTED GRACE INC: Moved-Seconded (Seward-Ewing) to approve the final plat for Granted Grace Inc./Arleth & Associates Lots 1-12 Tahencala Ridge Subdivision, located on Upper Two Bit Road, contingent upon the Highway Superintendent signing off on the plat. Motion Carried.

MT. PLAINS FIREWISE PROJECT: Rob Mattox, Firewise Grant Coordinator was present to discuss the Mt. Plains Firewise Project. Mattox stated the homeowners in Mountain Plains contacted him and informed him that they are interested in Firewising the Fish Hatchery Gulch. Discussion followed on the match normally required in the plan. Mattox will look at revising the plan for large projects, work on getting estimated costs for the project and getting commitments from landowners. The project will not be done unless grant funds are received. If the project is large enough bidding will be required.

BILLS: Moved-Seconded (Ewing-Thompson) to approve payment of the following 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-$5,918.07; Aud- $6,840.40; Treas-$9,641.47; Comp-$5,440.01; States Atty-$11,393.53; Pub Def-$8,573.71; Gen Govt Bldg-$6,979.34; Equal-$13,548.78; Deeds-$7,660.77; Vso-$1,086.23; Disp-$13,941.12; Sher-$42,593.13; Jail-$28,836.88; Emerg Mgnt-$3,194.61; E911-$1,513.80; Highway- $34,341.44; Air-$1,035.60; Mh Serv-$240.00; Ext-$1,299.20; Weed-$3,466.04; Pz-$4,014.40; Bills: American Family Life-$3,256.63; BH Federal Credit Union-$9,116.66; BH Power & Light-$7,853.54; Credit Collections Bureau-$100.00; Deadwood Recreation Center-$157.00; Delta Dental Of South Dakota-$5,143.00; Dena Sheets Property Mgnt-$500.00; Dept Of The Treasury-$51,299.28; Express Collections-$100.00; Farm Plan/Rdo-$262.04; Hartford-Priority Accounts-$1,436.75; Johnson, Rodenbrug & Lauinger-$75.00; Knology-$1,960.16; LC Treasurer-$50.00; Medica-$52,478.05; Montana-Dakota Util-$28.32; NH Family Ymca- $497.20; Office Of Child Support-$195.69; Phillips Petroleum Co-$315.32; SD Retirement System-$50,870.13; Sdrs Supplemental Retirement-$786.50; Verizon Wireless-$2.96; Walmart Store-$1,082.71

ADJOURN: 9:51 a.m. there being no further business it was Moved-Seconded (Ewing- Seward) to adjourn. Motion Carried. ______Date Approved

______ATTEST: Terry W. Weisenberg, Chairperson ______Connie Atkinson, Auditor LAWRENCE COUNTY COMMISSIONERS MEETING – September 16, 2008

Terry W. Weisenberg called the regular meeting of the Lawrence County Commissioners to order at 8:00 a.m. on September 16, 2008 in the Administrative Annex Building of the Lawrence County Courthouse located at 90 Sherman Street, Deadwood, SD with Commissioners, Connie H. Douglas, Bob Ewing, James J. Seward, and Tommy Thompson present.

All motions were passed by unanimous vote, by all members present, unless stated otherwise.

AGENDA: Moved-Seconded (Ewing-Thompson) to approve the agenda as amended. Motion Carried.

MINUTES: Moved-Seconded (Seward-Thompson) to approve the minutes of September 2, 2008 County Commission meeting. Motion Carried.

MEETINGS DATES: Moved-Seconded (Douglas-Weisenberg) to change the November 11 th meeting to November 12, 2008 and the December 23 rd meeting will be changed to December 30 th , 2008. Motion Carried.

TRAVEL REQUEST: PLANNING & ZONING: Moved-Seconded (Ewing-Weisenberg) to approve the travel request for Amber Vogt to attend the SD Planners Association in Watertown, SD on October 29 th & 30 th , 2008, and to approve an advance payment. Motion Carried.

INVASIVE SPECIES MANAGEMENT BOARD APPOINTMENT: Moved-Seconded (Ewing-Douglas) to appoint Donna Watson to the Invasive Species Management Board to fill an open position to expire January 2009. Motion Carried.

2009 BUDGET CHANGES: A public hearing was held on the 2009 budget. No public was present for comment and the hearing was closed. Moved-Seconded (Seward-Ewing) to make the following changes to the 2009 BUDGET: Commissioners from $326,087 to $316,087; States Attorney from $462,897 to $447,079; Public Defender from $340,281 to $335,516; Cash Balance Applied from $735,000 to $773,860. Motion Carried.

ADOPTION OF 2009 BUDGET RESOLUTION #2008-27: Moved-Seconded (Seward- Weisenberg) to adopt the 2009 Annual Budget and approve the following Resolution #2008-27. Motion Carried. RESOLUTION #08-27: 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, 2009 and ending December 31, 2009 and the same is hereby approved and adopted by the Board of County commissioners of Lawrence County, South Dakota, this 16 th day of September, 2008 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 payable year January 1, 2009 through December 31, 2009. FUND TAX LEVY IN DOLLARS $'s/thousand (levy) GENERAL 6,919,220 3.82 SNOW REMOVAL 200,000 .11 HIGHWAY & BRIDGE 220,000 .12 COURTHOUSE & JAIL 100,000 .06 FIRE PROTECTION 66,406 .07 TOTALS 7,505,626 4.18 DATED at Deadwood, South Dakota, this 16 th day of September 2008. LAWRENCE COUNTY COMMISSIONERS: Terry W. Weisenberg, Chairman, James J. Seward, Connie H. Douglas, Robert Ewing, and Tommy Thompson. ATTEST: Connie Atkinson, Auditor.

SUPPLEMENTAL BUDGET HEARING: Moved-Seconded (Seward-Ewing) to set a supplemental budget hearing for October 14 th at 8:15 a.m. for General Fund: Elections / – $15,000, Auditor – Salary / $5,000, Auditor – Insurance / $5,000. Emergency Disaster Fund: Emergency Management - Search & Rescue / $500, Emergency Management – Grant / $294,369.20. Motion Carried.

SUPPLEMENTAL BUDGET / EMERGENCY MANAGEMENT GRANTS: Moved- Seconded (Ewing-Weisenberg) to approve an automatic supplemental for Emergency Management Grants for $2,000 for grant revenue received for Bioterrorism POD Exercises. Motion Carried.

AUDITOR’S ACCOUNT WITH TREASURER REPORT: Moved-Seconded (Thompson- Douglas) to accept the following report as read by the Auditor. Motion Carried. Auditor's Account with the County Treasurer: as of August 31, 2008 showed the following: Total amount of actual cash-$1,250.00; Total amount of Checks and drafts in Treasurer's possession not exceeding three days (check deposit in transit)-$37,085.39; Total amount of cash in transit in Treasurer's possession (cash deposit in transit)-$4,431.50; Petty Cash-$1,860.00; Total amount of deposits in bank include: CD's-$4,200,000; Savings $261,062.34, Money Market $519,666.74; Bank Balance-$4,103,042.95; Total $9,128,398.92.

TETRO ROCK ROAD DISTRICT: Moved-Seconded (Seward-Douglas) to approve and authorize the Chairman to sign the following Order Declaring Area Incorporated and Subject to Vote Tetro Rock Road District. Motion Carried.

ORDER DECLARING AREA INCORPORATED AND SUBJECT TO VOTE TETRO ROCK 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: Lots 1, 2, 3, 5, 6, 7, 8, 9 & 10 of Skyline Subdivision, a subdivision of Weedon No.1, New Year & Grover Lodes, M.S. 1409 and McKinley & Ivanhoe Lodes, M.S. 1409, Lots A & B of C.O.D. No.1 & C.O.D. No.2 Lodes, M.S. 1276, Tract A of Carrolton Lode M.S. 1238 and of a portion of Kicking Horse Fraction Lode, M.S. 1268, Wells Fargo No.2 Lode, M.S. 946, Hopkins, Charles Gardner, Ella & remaining unplatted portion of Kicking Horse Fraction Lodes, M.S. 1268, C.O.D. No.3, C.O.D. No.4, C.O.D. No.5 and Annie M.S. 1276, Lots C & D of Fortuna & Fabula Lodes, M.S. 1276 and White Star Lode, M.S. 1038, All located in Sections 17 & 20, Township 5 North, Range 3 East, Lawrence County, South Dakota. 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 Tetro Rock Road District. DATED this 16th day of September 2008. Terry W. Weisenberg, Chairperson. ATTEST: CONNIE ATKINSON, AUDITOR

HIGHWAY BUSINESS:

FUEL QUOTES: The following fuel quotes were submitted as of September 15, 2008: Spearfish Diesel 5200 Gallons: (prices per gallon) Cenex Oil Co. 3.47, Southside Oil - $3.31*; Rollin Oil – no bid. M.G. Oil Co. no bid (*represents lowest quote). Spearfish Unleaded 1040 Gallons: (prices per gallon) Cenex Oil Co. $3.595; Southside Oil - $3.47*; Rollin Oil – no bid M.G. Oil Co. $no bid (*represents lowest quote). Deadwood Diesel 6000 Gallons: (prices per gallon) Cenex Oil Co. $3.47, Southside Oil - $3.30*; Rollin Oil – no bid M.G. Oil Co. $no bid (*represents lowest quote). Deadwood Unleaded 6500 Gallons: (prices per gallon) Cenex Oil Co. $3.595; Southside Oil - $3.465* Rollin Oil – no bid M.G. Oil Co. $no bid (*represents lowest quote).

UTILITY PERMITS: BUTTE ELECTRIC: Moved-Seconded (Ewing-Thompson) to approve and authorize the Chairman to sign the utility permit for Butte Electric Cooperative Inc. located in T6N, R3E, Section 7 along Lookout Mountain Road. Motion Carried.

MCDIRT EXCAVATION INC: Moved-Seconded (Ewing-Thompson) to approve and authorize the Chairman to sign the utility permit for McDirt Excavation Inc. located in T5N, R3E, beginning Section 25 and ending Section 36, contingent upon bringing in the original Bond. Motion Carried.

APPROACH PERMIT: CASEY MILLER: Moved-Seconded (Thompson-Weisenberg) To approve and authorize the Chairman to sign the Approach Permit for Casey Miller to construct an approach to North side of US Hwy 14 located approximately 8 miles west of Spearfish near exit 2. Motion Carried.

HIGHWAY 14C PROJECT: Moved-Seconded (Seward-Thompson) to approve and authorize the Chairman to sign a change order for the Old Highway 14C project resulting in a reduction of $88,733.12 for the project. Motion Carried. Total cost for the project will now be $388,891.90.

PACKAGE (OFF-SALE) LIQUOR LICENSE / NEMO MERCANTILE: A public hearing was held on a Package (Off Sale) Liquor License Transfer. No public input was present and the hearing was closed. Moved-Seconded (Douglas-Seward) to approve the following Transfer for the Nemo Mercantile to Nemo LLC. . Motion Carried. PREVIOUS LICENSE: DAN MARTIN, NEMO MERCANTILE: Tract 3 of the un-platted portion of Nemo Placer, M.S. 1368, all located in the NE ¼ of Section 27, T3N, R5E, B.H.M, Lawrence County, SD. TRANSFER TO: NEMO 10, LLC, Joseph F. & Carol A. Scott: Tract 3 of the un-platted portion of Nemo Placer, M.S. 1368, all located in the NE ¼ of Section 27, T3N, R5E, B.H.M, Lawrence County, SD.

PLANNING & ZONING:

ORDINANCE #08-05 ADDITION OF MECHANICAL REPAIR TO SRD ZONING DISTRICT: Second Reading was held on ORD 08-05 Addition of Mechanical Repair to the SRD Zoning District Owner/Representative: Amber Vogt/Bruce Outka Purpose: To add mechanical repair to the SRD zoning district. “Mechanical Repair/Automobile and Small Engine Repair, Excluding Vehicles Over 1 Ton”. No public input was present and the hearing was closed.

Moved-Seconded (Ewing-Seward) to deny proposed Ordinance #08-05 Addition of Mechanical Repair to SRD Zoning District because it doesn’t fit into the character of the SRD Zoning. Motion Carried.

RECESS: 9:19 a.m. Moved-Seconded (Seward-Douglas) to recess the County Commission Meeting. Motion Carried. 9:57 a.m. The Chairman called the meeting back to order.

REVISED PRELIMINARY PLAT / GREENVIEW ESTATES: Moved-Seconded (Ewing- Weisenberg) to approve the revised preliminary plat for Greenview Estates located on Hwy 85 South. Motion Carried.

FIRST FINAL PLAT / GREENVIEW ESTATES: Moved-Seconded (Seward-Ewing) to approve the Final Plat for Lot 16 Greenview Estates. Motion Carried.

SPEARFISH CANYON / NOISE ORDINANCE REQUEST: Sue Stave was present and requested a noise ordinance for Spearfish Canyon to prevent Jake-Brake usage. Stave stated the trucking begins as early as 2:00 a.m. and stated the speed limit is not being enforced in the canyon. Bob Geis stated the Spearfish Canyon Association was in support of Stave’s request. Ewing stated the county doesn’t have the staff to enforce a noise ordinance if adopted. This is a State Highway and the speed limit needs to be enforced by the State Highway Patrol. Discussion followed on the Corridor Management Plan and the entities involved. Moved-Seconded (Seward- Weisenberg) to send a letter to the S.D. Department of Transportation, S.D. Highway Patrol and Forest Service in regards to speed control, corridor management and asking for their position on the matter. Motion Carried.

SURPLUS EQUIPMENT: Moved-Seconded (Seward-Ewing) to declare surplus and donate the old Jaws of Life model #70023 SN 7386 to Western Dakota Tech. Motion Carried.

KNOLOGY GENERATOR DONATIONS: Paul Thomson, Emergency Management, was present and introduced Bob Ewing, Field Manager for Knology. Jay Vogt, Bill Enderby and Kelly Barthel were also present representing Knology. The Board thanked them for their generous donation of six generators to Lawrence County.

BILLS: Moved-Seconded (Ewing-Thompson) to approve payment of the following 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-$5,878.07; Aud-$6,840.40; Treas-$14,814.48; Comp-$5,440.02; States Atty- $11,326.09; Pub Def-$8,573.87; Gen Govt Bldg-7,063.86; Equal-$13,339.90; Deeds-$9,546.20; Vso-$1,086.23; Disp-$10,304.39; Sher-$32,380.67; Jail-$19,622.20; Emerg Mgnt-$3,194.61; E911-$1,522.80; Highway-$34,242.28; Air-$915.60; Ext-$1,392.20; Weed-$1,742.44; Pz- $3,843.36; Bills: Bell,Z-$163.46; Bertch,A-$55.50; Frerichs,A-$435.04; Gould,G-$18.50; Hulm,A-$33.30; Jansevics,J-$62.20; Larson,R-$30.00; Leatherman,D-$4.81; Locken,W- $355.04; Mckee,A-$15.92; Mowell,R-$8,058.00; Rombough,D-$465.30; Thomson,P-$30.00; Vogt,A-$296.50; White,R-$21.10; A&B Business Equip-$2,021.16; A&B Welding Supply- $16.74; A&J Supply-$3.89; A&M Transport-$200.00; A-Z Shredding-$15.25; Abc Business Supply-$472.33; Abc Vacuum Warehouse-$434.99; Accurint Account-$75.00; Affordable Excavation-$1,428.00; Ainsworth Benning-$80,633.98; Alco Store-$29.99; Alltel-$1,508.15; Amcon Distributing-$325.25; Anderson Oil Co-$128.79; Aspen Storage-$31.35; At&T-$30.84; BH Chemical Company-$1,979.39; BH Federal Credit Union-$9,116.66; BH Land Analysis- $360.00; BH Medical Ctr Pharmacy-$1,687.70; BH Pest Control-$95.00; BH Pioneer-$961.99; BH Power & Light-$642.41; BH Truck And Trailer-$324.90; Best Business Prod-$19.26; Best Western Of Huron-$46.50; Bickle's Truck & Diesel-$103.01; Bituminous Paving-$23,881.83; Black Hills Pure-$11.50; Bob Barker Company-$122.96; Brady Pluimer-$450.00; Brevik Law Office Prof-$186.35; Butler Machinery Co-$132.82; Butte County Sheriff-$40.16; Butte Electric Coop-$354.03; Campbell Co Sheriffs Off-$60.00; Campbell Supply-$142.97; Carol Butzman Consluting-$663.00; Central Parts-$597.69; Christensen Law Office-$2,177.25; City/County Alcohol & Drug-$3,567.00; Conoco-$752.30; Conrad's Big "C" Signs-$2,449.79; Cooperative Extension Service-$151.20; Corral West-$115.80; Crawford Supply Company-$174.96; Credit Collections Bureau-$100.00; Culligan Soft Water Serv-$78.00; Datec-$254.00; Deadwood Home Center-$2.49; Deadwood, City Of-$697.72; Dena Sheets Property Mgnt-$410.00; Dept Of Hlth Lab Services-$175.00; Dept Of The Treasury-$46,779.36; Dietrich,Donna-$268.68; Division Of Motor Veh-$7.00; Eddie's Truck Sales/Serv-$47.58; Ellingson,Joseph-$567.07; Evercom Systems-$1,113.00; Executone Of The BH-$80.00; Express Collections-$100.00; Extension Service-$45.22; Fastenal-$12.48; First Western Bank-$966.78; Fisher Sand & Gravel- $30,621.27; Fleet Services-$256.96; Foothills Contracting-$81,270.42; Forcoli & Sons Enterprises-$22,632.69; Frederickson,John-$176.00; Fsh Communications-$59.86; Gene's Lock Shop-$8.00; Great Plains Chemical-$180.00; Great Western Tire-$24.80; Greens Alignment- $543.15; Hamann,Chris-$135.00; Havemeier, Leslie-$141.20; Hawki,Ken-$30.00; Heartland Paper Co-$1,488.29; Heisler Hardware-$39.91; Hills Material Comp-$772,332.68; Hillside Disposal Service-$75.00; Horn Law Office, Prof-$192.00; Huntley Plastering & Stucco-$556.92; Huron Culvert & Tank Co-$7,945.40; Integrity Ford-$431.60; JP Towing-$75.00; JL's Gifts- $48.50; Johnson, Rodenbrug & Lauinger-$75.00; Jonathan Publishing-$39.00; Juneks' Chrysler/Dodge-$13.52; Kadrmas, Lee And Jackson-$28,116.94; Keefe Supply Company- $208.24; Kellogg,Druse-$31.10; Kieffer,Tracy (Binder)-$107.60; Kimball-Midwest Co-$205.56; Klein's Office Furniture-$601.60; Knology-$181.24; Kooistra,Nelva-$30.00; Kosel,Joseph- $4,166.67; LC Journal-$763.30; LC Sheriff-$66.00; LC Treasurer-$50.00; Lamb Motor Company-$31,738.50; Language Line Services-$201.24; Lead Volunteer Fire Dept-$45,525.38; Lead, City Of-$57.15; Lead-Deadwood Regional Hospital-$120.00; Lead-Deadwood Sanitary- $403.02; Lee,James-$15.00; Lewis & Clark-$284.00; Lexisnexis Matthew Bender-$244.30; Lexisnexis On-Line-$397.00; Looyenga,Dr Robert-$350.00; Lowe Roofing-$49,387.50; Macks Auto Body-$406.40; Mcarthur,Janet-$45.00; Mcclure,Susan-$90.00; Mcgas Propane-$615.00; Mcleod's Office Supply-$156.65; Mcpherson Propane-$69.00; Meade County Sheriff-$66.20; Medicap Pharmacy-$28.95; Mid-Night Star-$217.18; Minnwest Bank Sioux Falls-$171.03; Montana-Dakota Util-$2,349.13; Morman Law Firm-$188.20; NH Family Ymca-$200.00; National Sheriff's Assoc-$132.00; Nelson,Tonya-$585.00; Neve's Uniforms-$1,188.87; New World Systems-$31,191.98; Office Of Child Support-$195.69; Olson, Alorie-$25.00; Partsmaster-$50.35; Pennington Co Auditor-$210.00; Pennington Co Jail-$3,882.75; Pennington County Sts Attny-$600.00; Postmaster,Deadwood-$252.00; Postmaster,Spearfish-$300.00; Queen City Tire-$9.50; Quill Corp-$213.04; Qwest-$1,435.98; RC Finance Office-$3,869.00; RC Medical Center-$240.50; RC Regional Hospital-$678.00; Rabe Elevator-$690.96; Radio Shack/Kazco-$549.96; Rapidcare-$360.41; Rdj Specialities-$733.55; Real Estate Rental Center- $450.00; Regional Behavioral Health-$251.76; Rehfuss,Cathryn-$30.00; Reindl,Staci-$3,384.42; Reliable-$79.46; Reserve Account-$6,000.00; Reuer,Allen-$60.00; Rocket Lube-$83.97; Rushmore Communications-$63.72; Russell,Lance-$74.00; SD Assn Of Co Comm-$320.00; SD Human Services Center-$494.64; SD Planners Association-$80.00; SD State Treasurer- $2,022.95; Sd Off-Hwy Vehicle Coalition-$10,000.00; Sdrs Supplemental Retirement-$786.51; Servall Towel & Linen-$754.53; Seward & Odenbach-$675.51; Sharon Green Counseling- $240.00; Spearfish Auto Supply-$347.03; Spearfish Electric & Heating-$30.00; Spearfish Police Dept-$39.73; State Property Management-$500.00; Subway-$55.86; Tellinghuisen & Gordon- $444.26; The Old Woodshop-$5,772.20; Tigerdirect-$1,592.13; Triple K Tire & Repair- $1,168.62; Turbiville Industrial Electric-$375.88; Twin City Hardware & Lumber-$447.42; US Indentification Manual-$82.50; Verizon Wireless-$96.93; Vfw Post-$30.00; Voelker & Adams- $312.00; Waste Connections-$478.80; Watertree-$48.40; Wells Fargo Business Card-$1,032.47; Western Communication-$342.50; Xerox Corporation-$56.88; Yankton Co Sheriff-$75.00; Yankton County-$202.50; Z&S Dust Control-$16,864.20; Witness & Jurors: Beusch,G- $122.20; Sandness,K-$31.10; Sullivan,M-$20.00; Myers,T-$20.00; Blake,C-$86.60; Reiling,C- $20.37; Pickering,B-$21.11; Beyl,J-$101.48; Dahlgren,J-$129.60; Hanson,M-$134.04; Kapsa,C- $122.20; Larson,T-$52.22; Lower,M-$122.20; Nelson,R-$102.96; Schettler,T-$61.10; Bryan,J- $33.32; Bryan,S-$20.00; Cox, Dr Thomas-$31.10; Evans,C-$29.62; Hess,Dr Jim-$93.30; Morgan,M-$31.10; Baldwin,J-$61.10; Blackcrow,M-$12.22; Brown,L-$61.10; Cichosz,J- $58.88; Dittus,A-$22.58; Garry,K-$10.74; Jeffery,J-$21.10; Joyce,M-$61.10; Keehn,T-$12.22; Keene,T-$14.44; Lawver,S-$61.10; Lindstrom,D-$21.84; Lusch,A-$61.10; Mcgrath,R-$59.62; Morgan,M-$61.10; Neuhauser,S-$64.80; Pahl,J-$13.70; Pisani,S-$21.10; Quaschnick,B-$19.62; Sandau,A-$21.10; Schroeder,L-$63.32; Skavang,E-$61.10; Snow,C-$52.22; Barth,D-$31.10; Donahue,M-$31.10; Ellsbury,N-$32.95; Fenner,K-$20.00; Fuernisen,L-$22.22; Herman,E- $31.10; Loup,N-$31.10; Loup,S-$31.10; Mattis,J-$31.10; Noren,S-$32.95; Paisley,J-$34.43; Prager,L-$20.00; Rodgers,M-$26.29; Savage,G-$32.58; Statler,H-$31.10

ADJOURN: 10:37 a.m. there being no further business it was Moved-Seconded (Ewing- Weisenberg) to adjourn. Motion Carried.

______Date Approved

______Terry W. Weisenberg, Chairperson ATTEST:

______Connie Atkinson, Auditor LAWRENCE COUNTY BOARD OF ADJUSTMENT MEETING – September 16, 2008

Chairperson Terry W. Weisenberg called the Lawrence County Board of Adjustment meeting to order at 9:19 a.m. on September 16, 2008 in the Administrative Annex Building of the Lawrence County Courthouse located at 90 Sherman Street, Deadwood, SD with Commissioners Bob Ewing, Connie H. Douglas, James J. Seward and Tommy Thompson present.

All motions were passed by unanimous vote, by all members present, unless stated otherwise.

VARIANCE #120 / J.D. BELL – BOARS NEST: A public hearing was held on an application for Variance #120 for J.D. Bell for a 22’ Variance to the 25’ setback to rebuild the Boars Nest Restaurant and Bar, located on Hwy 85 South of Lead. Planning and Zoning denied the request. J.D. Bell gave history on the property. Royette Merkel and Gary Lance neighboring residents were present and spoke on behalf of the request. Dave Baltic, Whitetail Court spoke on behalf of the project and stated it was an asset to the area.

Dan Staton, Department of Transportation was present and stated the size of the approach needs to be corrected to 30’. Staton recommended if the Commission approve the request they make it conditional upon correcting the approach first. Bell responded with the process he went through when paving his approach; and how the vehicle crashes in the driveway have been reduced, since completion.

Weisenberg closed the public hearing. Seward questioned Staton on the reasoning for the width of the approach. Douglas stated it is not the County’s responsibility to fight the DOT on the approach width.

Moved-Seconded (Douglas-Weisenberg) To approve Variance #120 for J.D. Bell / Boars Nest with a 22’ Variance, with the condition that D.O.T. signs off on the approach. Motion Carried. A building permit will not be issued until the D.O.T. signs off on the approach.

ADJOURN: 9:56 a.m. There being no further business it was Moved-Seconded (Thompson- Weisenberg) to adjourn. Motion Carried. ______Date Approved

______Terry W. Weisenberg, Chair ATTEST:

______Connie Atkinson, Auditor

LAWRENCE COUNTY COMMISSIONERS MEETING – October 14, 2008

Terry W. Weisenberg called the regular meeting of the Lawrence County Commissioners to order at 8:00 a.m. on October 14, 2008 in the Administrative Annex Building of the Lawrence County Courthouse located at 90 Sherman Street, Deadwood, SD with Commissioners, Connie H. Douglas, Bob Ewing, James J. Seward, and Tommy Thompson present.

All motions were passed by unanimous vote, by all members present, unless stated otherwise.

AGENDA: Moved-Seconded (Ewing-Weisenberg) to approve the agenda as amended. Motion Carried.

MINUTES: Moved-Seconded (Seward-Thompson) to approve the minutes of September 16, 2008 County Commission meeting and September 16, 2008 Board of Adjustment minutes. Motion Carried.

PERSONNEL: SHERIFF: Moved-Seconded (Ewing-Seward) to approve Dave Trentz as part-time fill-in Correctional Officer 2 G3 at the base rate of $15.47 an hour, effective October 13, 2008. Motion Carried.

Moved-Seconded (Thompson-Ewing) to approve Jordan Smith as part-time fill-in Correctional Officer 1 G3 at the base rate of $13.45 an hour, after completion of 40 hours of training at $8.61 an hour, effective October 13, 2008. Motion Carried.

FLU SHOT CONTRACT: Moved-Seconded (Douglas-Thompson) To approve and authorize the Chairman to sign the contract with Maxim Health Systems to provide flu shots to the County Employees and to pay for employee shots not covered on Medica Insurance. Motion Carried

SUPPLEMENTAL BUDGET: A public hearing was held on a supplemental budget. No public input was present and the hearing was closed. Moved-Seconded (Seward-Ewing) to approve the following Resolution # 08-29 To Adopt a Supplemental Budget. Motion Carried.

RESOLUTION #08-29 TO ADOPT A SUPPLEMENTAL BUDGET WHEREAS, the County Budget for Lawrence County, South Dakota, for the fiscal year 2008, 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 2008, and that in said budget there will be and is hereby appropriated the following sum of money, to-wit: General Fund Elections / – $15,000; Auditor – Salary / $5,000; Auditor – Insurance / $5,000; Emergency Disaster Fund: Emergency Management - Search & Rescue / $500; Emergency Management – Grant / $294,369.20. 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 October, 2008 at the hour of 8:15 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 October, 2008. FOR THE BOARD OF COUNTY COMMISSIONERS: TERRY W. WEISENBERG, Chairperson. ATTEST: CONNIE ATKINSON, LAWRENCE COUNTY AUDITOR

AUDITOR’S ACCOUNT WITH TREASURER REPORT: Moved-Seconded (Thompson- Douglas) to accept the following report as read by the Auditor. Motion Carried. Auditor's Account with the County Treasurer: as of September 30, 2008 showed the following: Total amount of actual cash-$1,250.00; Total amount of Checks and drafts in Treasurer's possession not exceeding three days (check deposit in transit)-$57,559.79; Total amount of cash in transit in Treasurer's possession (cash deposit in transit)-$3,231.03; Petty Cash-$1,860.00; Total amount of deposits in bank include: CD's-$4,200,000; Savings $261,062.34, Money Market $520,606.39; Bank Balance-$3,001,827.44; Total $8,047,396.99.

HIGHWAY BUSINESS:

UTILITY PERMITS: BUTTE ELECTRIC: Moved-Seconded (Seward-Weisenberg) to approve and authorize the Chairman to sign the Utility Permit for Butte Electric located in T6N, R3E in section 7 & 8 along County Road crossing section line between 7 & 8 North of Airport Road. Motion Carried.

APPROACH PERMIT: LOUP LAND COMPANY: Moved-Seconded (Thompson-Ewing) to approve and authorize the Chairman to sign the Approach Permit for Loup Land Company to construct an approach to the North side of Kerwin Lane, located approximately 966.46’ west of Section Line 34/35. Motion Carried.

PAUL SHWARTZ: Moved-Seconded (Seward-Thompson) to approve and authorize the Chairman to sign the Approach Permit for Paul Schwartz to construct an approach to east side of Maitland Road. Motion Carried.

ROGER CALL: Moved-Seconded (Seward-Thompson) to approve and authorize the Chairman to sign the Approach Permit for Roger Call to construct an approach to east side of Mineral Palace Road. Motion Carried.

ROREY LEMMEL: Moved-Seconded (Ewing-Weisenberg) to approve and authorize the Chairman to sign the Approach Permit for Rorey Lemmel to construct an approach to north side of Jackson, located approximately 1 mile off of Whitewood Valley Road. Motion Carried.

RETAIL ON-SALE WINE LICENSE: A public hearing was held on the following Retail On- Sale Wine License Transfer. No public input was present and the hearing was closed. The Board determined this an appropriate location and applicant. Moved-Seconded (Douglas-Thompson) To approve the following transfer: PREVIOUS LICENSE: NEMO GUEST RANCH: NEMO GUEST RANCH RESTAURANT: 12737 Guest Ranch Loop Nemo SD 57759. Lots 1, 2 and 3 of Nemo Guest Ranch Sub, a sub of tract 4-T of Nemo Placer MS1368, Lawrence County, SD. TRANSFER TO : BRANDING IRON RESTAURANT, Wendy Goldsmith : 12737 Guest Ranch Loop Nemo SD 57759. Lots 1, 2 and 3 of Nemo Guest Ranch Sub, a sub of tract 4-T of Nemo Placer MS1368, Lawrence County, SD. Motion Carried.

CLASS - RETAIL (ON-OFF SALE) MALT BEVERAGE : A public hearing was held on the following Retail On-Off Sale Malt Beverage License Transfer. No public input was present and the hearing was closed. The Board determined this an appropriate location and applicant. Moved-Seconded (Douglas-Thompson) to approve the following transfer: P REVIOUS LICENSE: NEMO GUEST RANCH: NEMO GUEST RANCH RESTAURANT: 12737 Guest Ranch Loop Nemo SD 57759. Lots 1, 2 and 3 of Nemo Guest Ranch Sub, a sub of tract 4-T of Nemo Placer MS1368, Lawrence County, SD. TRANSFER TO : BRANDING IRON RESTAURANT, Wendy Goldsmith : 12737 Guest Ranch Loop Nemo SD 57759. Lots 1, 2 and 3 of Nemo Guest Ranch Sub, a sub of tract 4-T of Nemo Placer MS1368, Lawrence County, SD. Motion Carried.

RESOLUTION & ORDER VACATING A PRIVATE EASEMENT: A public hearing was held on a petition to Vacate a Private Road Easement in DeBerg Subdivision. No public input was voiced and the hearing was closed. Eric Nies was present along with Stanley Bahr to answer any questions.

According to SDCL 11-3-23.1 Being the vacation will 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 it was Moved-Seconded (Seward-Thompson) to approve and authorize the Chairman to sign the following Resolution #08-28 Resolution & Order Vacating a Private Road Easement. Motion Carried.

RESOLUTION #08-28 RESOLUTION & ORDER VACATING A PRIVATE ROAD EASEMENT: WHEREAS, a petition was presented to the Board of County Commissioners of Lawrence County, South Dakota, by Stanley H. Bahr of Lawrence County, requesting the vacation of a Private Road Easement from a plat pursuant to SDCL 11-3-21.1 et seq. And WHEREAS, the Board of County Commissioners having acted as a committee of the whole concerning said vacation, and WHEREAS, the legal description is as follows: The North 137.5 feet of the 60.0 foot wide Double D Drive private road easement measured from the North boundary line of such private road easement adjacent to Lot 22, as depicted on the Plat filed in Plat Book 7, Page 2, Lawrence County Register of Deeds records, and adjacent to Lot 23-C as depicted on Plat. Doc. No. 93-58, Lawrence County Register of Deeds records. WHEREAS, the character and use of the plat is a rural residential subdivision. WHEREAS, The description of any public highway located thereon: Those portions of DD Drive, Cedar Lane, and Oak Lane which are maintained by the DeBerg Subdivision Road District. The parcel sought to be vacated has been specifically disclaimed by the DeBerg Subdivision Road District by Resolution recorded as Doc. No. 2007-04473, a copy of which is attached. No public highway is vacated by this Petition. WHEREAS, The parcel to be vacated has never been used or traveled as a street at any time and any vacation of such private road easement will not abridge or destroy any of the rights and privileges of the other adjacent property owners or obstruct any public highway. BE IT RESOLVED by the Lawrence County Board of Commissioners to hereby vacate the private road easement located on The North 137.5 feet of the 60.0 foot wide Double D Drive private road easement measured from the North boundary line of such private road easement adjacent to Lot 22, as depicted on the Plat filed in Plat Book 7, Page 2, Lawrence County Register of Deeds records, and adjacent to Lot 23-C as depicted on Plat. Doc. No. 93-58, Lawrence County Register of Deeds records. Dated this 14th day of October, 2008. Terry W Weisenberg, Chairperson, Lawrence County Commissioner. ATTEST: Connie Atkinson, Auditor.

PLANNING & ZONING: CONDITIONAL USE PERMT #366: A public hearing was held on Conditional Use Permit #366 for Stuart Satterlee/Satterlee Arms LLC: Legal Description: Lot 3 of Idle Boy #1, MS 1917, and Horn Blen #2, MS 1935, Section 34, T4N, R3E, (legal shortened) Location: Off Brownsville Road on Pahkamaa Road, Purpose: Firearms Manufacturing, Zoning: PF. No public input was present and the hearing was closed. A letter received from Ed Erickson expressing concerns on noise pollution from the shooting in the area was discussed. Satterlee stated he can only control the shooting on his property but can respect Erickson’s concerns. Satterlee stated he doesn’t do test firing on his property and goes to the shooting range in the area.

Moved-Seconded (Ewing-Thompson) to follow the recommendation of approval contained in the Planning and Zoning staff report for the reasons set forth therein and approve Conditional Use Permit #366, with conditions as on file in the Planning & Zoning Office. Motion Carried.

CHANGE OF ZONING #282: A public hearing and First Reading were held for Change of Zoning #282 for Apple Springs Resort- SRD to HSC, Owner/Representative: Apple Springs Inc, Legal Description: Everything North of Hwy 14-A, West of Apple Springs Boulevard, South of Utility Lot 1, Lots 4-8 A & B, Blk 1, Lot 2-3, Blk 1 and Lot 1 A & B Blk 1 and East of Wildberger Road, all in Section 14, T5N, R4E. Location: Boulder Canyon, Purpose: Convenience Store, Retail Establishments, Zoning: SRD to HSC. Planning and Zoning recommended approval. Dave Simpson was present and reviewed the plan. Pedestrian style shopping will be anticipated in the area. Les Nelson neighboring landowner was present and expressed concerns of traffic on the Wildberger Road. Simpson stated they would be willing to look into adding a lane on the Wildberger Road for the section affected. Weisenberg requested a copy of the D.O.T. recommendation for the second reading. Continued public hearing and second reading will be October 28, 2008.

LAWRENCE COUNTY JOURNAL PUBLICATION DATES: Vogt asked if she could set and advertise for the public hearings and then give an informational to the Commissioners prior to the public hearing. The Board was in agreement with the change.

FIRST FINAL PLAT / BRIGHTER DAY SUBDIVISION: Moved-Seconded (Seward- Weisenberg) to approve and authorize the Chairman to sign the Final Plat for Owner/Representative: Mattson, Inc/Arleth & Associates, Legal Description: Plat of Lot 8, Brighter Day Subdivision, Sections 25 & 36, T5N, R3E, and Section 30, T5N, R4E (legal shortened), Location: Two Bit Road, Purpose: New Lot, Zoning: PF. Motion Carried.

ANNUAL REVIEW / CUP # 267 PERFORMANCE DELOPMENT GROUP: An annual review was conducted on Conditional Use Permit #267 for Performance Development Group for a cell tower on Schenk Property. Moved-Seconded (Douglas-Ewing) CUP #267 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.

ANNUAL REVIEW / CUP # 313 GREG MCADOO: An annual review was conducted on Conditional Use Permit #331 for Greg McAdoo for a Winery located on Hwy 85N. Moved- Seconded (Seward-Thompson) to cancel CUP #313 at the request of Greg McAdoo. Motion Carried.

ANNUAL REVIEW / CUP # 329 CINDY GILLES: An annual review was conducted on Conditional Use Permit #329 for Cindy Gilles for a second residence near Whitewood. CUP #329 will be reviewed in one year.

ANNUAL REVIEW / CUP # 332 STOLEN KISS RANCH: An annual review was conducted on Conditional Use Permit #332 for Stolen Kiss Ranch, Specialty Resort located on Crook City Road. Moved-Seconded (Seward-Weisenberg) to cancel CUP #332 at the owner’s request of Stolen Kiss Ranch. Motion Carried.

ANNUAL REVIEW / CUP # 328 SADDLE MOUNTAIN MINISTRIES: An annual review was conducted on Conditional Use Permit #328 for Saddle Mountain Ministries located on Deer Mountain. Noise complaints and additional building on the property were discussed. Moved- Seconded (Douglas-Seward) to make changes to the conditions allowing outdoor ministries, allowing outside activities and noise until 10:00 p.m. Motion Carried. Full amended conditions are on file in the Planning and Zoning Office.

ANNUAL REVIEW / CUP # 240 SEVEN DOWN ARENAS: An annual review was conducted on Conditional Use Permit #240 for Seven Down Arenas located on Centennial Road. The current conditions were reviewed and suggested changes were discussed. Vogt and Lantis will meet and discuss suggested changes and come back to the Board with updated conditions.

HIGHWAY 85 CORRIDOR PLANNING: Jayna Watson, Spearfish Zoning, was present and discussed the Highway 85 Corridor Planning. Watson updated the Board on the committee meeting and issues discussed. Moved-Seconded (Douglas-Weisenberg) To adopt the Joint County-City Land Use Study guidelines to be used in conjunction with the Planning and Zoning Ordinance. Motion Carried.

ABATEMENT: ALJO PROPERTIES LLC: Moved-Seconded (Douglas-Ewing) to approve the abatement for ALJO Properties LLC on parcel #12000-00402-220-11 because the log cabin was demolished on 9-15-2008. Motion Carried.

AG MINIMUM ACREAGE REQUIREMENT: Piekkola stated the Board of Commissioners sets the minimum acreage requirements for AG land classification. Piekkola presented a list of affected properties if the acreage is changed to 60, 80, 100 or 120 acres. Lawrence County has currently set the acreage criteria at 41 acres. Moved-Seconded (Ewing-Thompson) per SDCL 10- 6-31.3 Lawrence County will maintain the minimum AG acreage at 41 acres for assessment purposes. Motion Carried.

Stewardship Plans with the State Forestry were discussed and the lack of monitoring from the Forestry Service. Piekkola stated they told her they just renew the plans and they do not check to see if the plan is being followed. Piekkola will follow up with this issue.

IRONWOOD ESTATES BOND RELEASE: Vogt stated the infrastructure is complete for Ironwood Estates. Moved-Seconded (Seward-Weisenberg) to release the Bond for Ironwood Estates. Motion Carried.

SURPLUS GENERATOR: Moved-Seconded (Seward-Douglas) to surplus one of the donated Generators from Knology and give to the City of Spearfish for Emergency Operations. Motion Carried.

LAWRENCE COUNTY SEARCH & RESCUE: Moved-Seconded (Thompson-Ewing) To approve a brown bag permit for the Lawrence County Search and Rescue building for December 13, 2008 for the annual Christmas Party. Motion Carried.

Moved-Seconded (Seward-Ewing) to approve Richard Carlson and William Buckman as new Search and Rescue Members for Insurance purposes. Motion Carried.

EMERGENCY MANAGEMENT: Moved-Seconded (Ewing-Thompson) to approve Kendall Aldinger as an alternate for Paul Thomson for Emergency Management Insurance Purposes. Motion Carried.

FEEDLOT PERMIT INFORMATIONAL / TWO TONE CATTLE COMPANY: Vogt presented history on the property and the reason for a Conditional Use Permit. Vogt stated this is only informational at this time, as the conditional use permit will be before Planning and Zoning on November 6 th , 2008. Comments need to be in to the State before the Conditional Use Permit process will be completed.

Bart Krautschun explained the feedlot and reason for the 4,000 head permit. Jim Jennings expressed concerns on water quality, effectiveness of a lagoon, water in spearfish Creek, and air quality. Bruce Crago expressed concerns also on a lagoon and water quality. Jerry Krambeck expressed concerns about the quality of surface water and ground water. Spearfish Creek was also a concern of his. Leo Orme expressed concerns about the impact it will have on development in the area. Alan Loken expressed concerns about fly issues, semi-truck travel, and water quality. Layton Lensegrav also expressed concerns on the affect of neighboring property values.

Moved-Seconded (Ewing-Weisenberg) To send a letter to DENR asking them not to issue a permit until it has gone through the County Conditional Use Permit process. Motion Carried.

BILLS: Moved-Seconded (Ewing-Thompson) to approve payment of the following 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-$5,878.07; Aud-$6,829.08; Treas-$8,407.07; Comp-$5,440.01; States Atty- $11,298.54; Pub Def-$8,573.87; Gen Govt Bldg-$6,834.00; Equal-$13,492.95; Rod-$6,202.68; Vso-$1,086.23; Disp-$9,429.60; Sher-$30,581.73; Jail-$18,385.09; Emerg Mgnt-$3,182.61; E911-$1,519.80; Highway-$34,185.60; Air-$915.60; Mh Serv-$560.00; Ext-$1,418.74; Weed- $3,510.04; Pz-$3,852.36; Bills: Bertch,A-$16.65; Frerichs,A-$220.28; Larson,P-$326.44; Mowell,R-$9,090.00; Sandvig,S-$146.15; Thomson,P-$104.00; Vogt,A-$27.75; A&B Business Equip-$2,070.62; A&B Welding Supply-$16.74; A&I Distributors-$417.90; A&J Supply- $22.44; A&M Transport-$100.00; Abc Business Supply Corp-$835.46; Accurint Account- $75.00; Active Data Systems-$225.00; Alco Store-$29.33; Amcon Distributing-$627.46; American Bar Association-$161.25; American Tech Serv-$22,167.00; Anderson Oil Co- $110.69; BH Chemical Company-$1,531.29; Alltel-$680.06; American Family Life-$3,056.93; BH Federal Credit Union-$18,233.32; BH Power & Light-$7,934.69; City/County Alcohol &Drug-$859.00; Credit Collections Bureau-$100.00; Deadwood Recreation Center-$157.00; Delta Dental Of South Dakota-$5,063.10; Dept Of The Treasury-$91,436.09; Express Collections-$50.20; Hartford-Priority Accounts-$1,415.95; Johnson, Rodenbrug & Lauinger- $75.00; Knology-$1,896.33; LC Treasurer-$50.00; Medica-$51,375.98; Montana-Dakota Util- $3,145.33; NH Family Ymca-$512.60; Office Of Child Support-$195.69; Phillips Petroleum Co- $308.95; SD Retirement System-$48,343.97; Sdrs Supplemental Retirement-$786.50; Shell Fleet Management-$105.55; United Parcel Service-$22.53; Victims Of Violence-$1,955.00; Walmart Store-$678.28; BH Legal Professionals-$70.00; BH Medical Ctr Pharmacy-$2,925.43; BH Pest Control-$230.00; BH Pioneer-$348.64; Benson Technical Works-$1,981.25; Bentz,Curtis- $2,520.00; Best Business Prod-$19.26; Best Western Ramkota Hotel-$510.00; Bickle's Truck & Diesel-$79.80; Binger Law Office-$2,504.00; Bituminous Paving-$4,967.18; Black Hills Pure- $77.25; Brady Pluimer-$1,660.45; Butler Machinery Co-$3,960.37; Butte County Sheriff- $62.74; Butte Electric Coop-$382.54; Calkota Properties-$385.00; Campbell Supply-$115.87; Carol Butzman Consluting-$524.33; Central Parts-$1,592.66; Chain Saw Center/Dakota Equip- $72.46; Chemical Sanitizing Sys-$30.51; Chris Supply Co-$18.54; City Of Whitewood-$58.04; City/County Alcohol &Drug-$1,224.00; Clinical Lab Of BH-$3,494.14; Community Health Services-$10.00; Conoco-$936.08; Corral West-$29.95; Crawford Supply Company-$351.54; Credit Collections Bureau-$100.00; D Ware-$150.00; Dakota Trails Conv Store-$59.01; Dale's Tire & Retread-$4,721.08; Dash Medical Gloves-$154.74; Deadwood Home Center-$26.99; Deadwood Thymes Cafe & Bistro-$90.00; Deadwood, City Of-$598.37; Dept Of Hlth Lab Services-$33.00; Dietrich,Donna-$133.84; Division Of Motor Veh-$9.00; Douglas County Clerk Of Crts-$1.50; Eagle Aviation-$23.24; Ekeren,Marv-$15.00; Election Sys & Software- $8,448.74; Ellingson,Joseph-$1,005.29; Ertz,Dewey-$910.00; Evercom Systems-$2,226.00; Farm Plan/Rdo-$636.86; Fastenal-$48.55; First Western Bank-$1,299.96; Fish,Veronica-$47.60; Fisher Sand & Gravel-$30,836.86; Fleet Services-$106.14; Foothills Contracting-$22,673.90; Frederickson,John-$368.00; Fsh Communications-$60.91; Gall's-$184.98; Gene's Lock Shop- $325.92; Great Western Tire-$35.00; Greens Alignment-$133.99; Haivala Law Firm-$32.00; Hamann,Chris-$180.00; Havemeier,Leslie-$750.60; Hawki,Ken-$104.00; Heisler Hardware- $90.02; Hewlett-Packard Company-$11,996.00; Hills Material Comp-$1,530,291.63; Hosmer,David-$135.00; Huron Culvert & Tank Co-$4,226.64; Iga-$20.25; Integrity Ford- $1,402.00; JH Hilt Engineering-$700.00; Jacobs Precision Welding-$202.26; Janke,Wendy- $810.00; Janz,Donald-$425.00; Jenner Equipment Co-$160.01; Johnson, Rodenbrug & Lauinger-$75.00; Kadrmas, Lee And Jackson-$36,520.74; Karl's-$709.96; Karpinen,Sharon- $270.00; Keefe Supply Company-$490.00; Kieffer,Tracy-$55.20; Knecht True Value-$439.00; Knology-$181.24; Koala Electric-$206.94; Kooistra,Nelva-$15.00; Kosel,Joseph-$4,166.67; Kt Connections-$179.73; LC Conservation Dist-$5,000.00; LC Journal-$662.31; LC Treasurer- $50.01; Language Line Services-$93.54; Lead, City Of-$46.55; Lead-Deadwood Regional Hospital-$240.00; Lead-Deadwood Sanitary-$343.08; Lee,James-$15.00l Lexisnexis On-Line- $397.00; Lueders-$124.20; Marshall & Swift-$755.87; Mcclure,Susan-$225.00; Meade County Sheriff-$28.20; Menards-$100.08; Mg Oil Company-$2,836.00; Minnwest Bank Sioux Falls- $171.03; Motorola-$265,709.45; NJS Engineering-$2,077.40; National Academy Of Emd- $35.00; National Assoc Of Counties-$485.00; National Emergency-$240.00; Neighbors,Alvin- $300.00; Nelson,Christy-$211.10; Nelson,Tonya-$720.00; Neve's Uniforms-$332.40; New View Optical-$74.00; Northern Truck Equip-$2,695.00; Novus-$505.00; Office Depot-$251.14; Office Of Child Support-$195.69; Office Technology/Supply-$47.55; Ore Car Express-$137.71; Pennington Co Auditor-$20.00; Pennington County Sts Attny-$200.00; Pitney Bowes-$1,324.68; Pizza Hut-$137.03; Postmaster, Spearfish-$45.36; Priority Dispatch-$270.00; Public Agency Training Council-$495.00; Quill Corp-$340.36; Qwest-$1,244.63; RC Finance Office-$1,400.00; RC Regional Hospital-$2,792.00; Radio Shack/Kazco-$5.98; Rapidcare-$140.00; Regional Behavioral Health-$408.78; Reindl,Staci-$6,992.07; Reliable-$109.74; Rocket Lube-$406.10; Rsinet-$1,800.00; Rushmore Communications-$222.60; SD Federal Property Agency-$19.00; SD State Treasurer-$14,765.76; Safeway-$15.96; Salzsieder,Milan-$3,735.00; Schuchmann,Bernie-$116.00; Scott Peterson Motors-$990.00; Sdsu Extension-$160.00; Servall Towel & Linen-$761.73; Seward & Odenbach-$1,034.98; Shepherd Reporting-$25.00; Southside Oil-$63,007.81; Spearfish Alt/Starter Rebuild-$175.00; Spearfish Auto Supply- $704.58; Spearfish Fire Dept-$43,303.96; Spearfish Police Dept-$3,750.37; Stadler Ind Service- $70.95; State Industrial Products-$89.36; Superior Lamp And Supply-$369.17; Tellinghuisen & Gordon-$880.00; Thompson Publishing Group-$438.50; Tigerdirect-$1,116.05; Triple K Tire & Repair-$354.71; Turbiville Industrial Electric-$673.85; Twin City Hardware & Lumber-$473.08; Twl Supplies-$287.74; Two Bit Body Shop-$1,523.71; United Parcel Service-$55.53; Warne Chemical-$100.00; Waste Connections-$478.80; Watertree-$50.50; Wells Fargo Business Card- $908.82; Wells Plumbing & Farm Supp-$229.84; West Group-$1,090.39; Western Communication-$28,924.25; Western Sd Juvenile Serv-$5,800.00; Wheeler Lumber-$130.00; White's Queen City Motors-$174.04; Yankton Co Sheriff-$25.00; Yankton County-$202.50; Witness & Jurors: Beusch,G-$61.10; Rantapaa,M-$21.11; Beyl,J-$50.74; Dahlgren,J-$64.80; Ferris,W-$50.74; Hanson,M-$67.02; Kapsa,C-$61.10; Langer,M-$59.62; Larson,B-$66.28; Larson,T-$52.22; Lemke,J-$62.58; Lower,M-$61.10; Nelson,J-$61.84; Nelson,R-$51.48; Peters,P-$63.32; Pummel,C-$62.58; Schafer,B-$62.58; Schettler,T-$61.10; Selby,L-$62.58; Salzer,M-$34.80; Bliege,C-$20.00; Chipman,J-$22.22; Faini,A-$32.58; Goodnough,S-$31.47; Gross,S-$29.62; Henson,R-$41.45; Koehne,W-$32.58; Kuntz,J-$25.55; Lounsbery,C-$33.32; Murray,A-$20.00; Newland,D-$20.00; Schumacher,J-$20.00; Solvie,K-$52.56; Stewart,J- $31.10; Venner,L-$31.10; Wilson,J-$20.37

ADJOURN: 11:57 a.m. there being no further business it was Moved-Seconded (Seward- Thompson) to adjourn. Motion Carried.

______Date Approved

______Terry W. Weisenberg, Chairperson ATTEST:

______Connie Atkinson, Auditor LAWRENCE COUNTY COMMISSIONERS MEETING – October 28, 2008

Terry W. Weisenberg called the regular meeting of the Lawrence County Commissioners to order at 8:00 a.m. on October 28, 2008 in the Administrative Annex Building of the Lawrence County Courthouse located at 90 Sherman Street, Deadwood, SD with Commissioners, Connie H. Douglas, Bob Ewing, James J. Seward, and Tommy Thompson present.

All motions were passed by unanimous vote, by all members present, unless stated otherwise.

AGENDA: Moved-Seconded (Ewing-Thompson) to approve the agenda as amended. Motion Carried.

MINUTES: Moved-Seconded (Seward-Weisenberg) to approve the minutes of October 14, 2008 County Commission meeting. Motion Carried.

VOLUNTEER FIRE DEPARTMENT MEMBER : Moved-Seconded (Douglas-Weisenberg) to approve Scott Reif as a new Brownsville Volunteer Fire Department Member for Insurance purposes. Motion Carried.

CONSOLIDATED BOARD OF EQUALIZATION: Moved-Seconded (Seward-Ewing) Lawrence County will not participate in the Consolidated Board of Equalization for 2009. Motion Carried.

AUTO-SUPPLEMENTAL BUDGET / ROAD & BRIDGE: Moved-Seconded (Ewing- Thompson) to approve an automatic supplemental for Road & Bridge Supplies for $186,485.78 for grant revenue received for FEMA Reimbursement. Motion Carried.

AUTO-SUPPLEMENTAL INVASIVE SPECIES MANAGEMENT: Moved-Seconded (Ewing-Thompson) to approve an automatic supplemental for Weed Grants for $9,739.20 for grant revenue received from State of South Dakota. Motion Carried.

ANIMALS ON ROAD: Douglas discussed the dead animals on the road and the length they remain on the roads and in the ditches. Outka stated this is a state contract but will look into the contract holder and conditions.

FOREST REVENUE DESIGNATION RESOLUTION: The Board discussed the new National Forest Receipts payment for the Secure Rural Schools and Community Self Determination Act of 2000. The County received $991,820.29 in 2007 and will receive $894,474 in 2008, $805,027 in 2009, $725,518 in 2010, and $519,722 in 2011. The funds are split 50% for County Roads and 50% to be divided between the Schools. Changes in Title II and Title III were also discussed.

Moved-Seconded (Douglas-Weisenberg) To approve and authorize the Chairman to sign the following Resolution #2008-31. Motion Carried.

RESOLUTION #2008-31 “SECURE RURAL SCHOOLS AND COMMUNITY SELF- DETERMINATION ACT OF 2000” WHEREAS, the U.S. Congress has amended and reauthorized for fiscal years 2008 through 2011 the Secure Rural School and Community Self- Determination Act of 2000 (P.L. 110-343); and WHEREAS, Lawrence County selects to receive a share of the full state payment derived from Forest Revenue payments, and WHEREAS, Lawrence County selects 15% of its share of the full state payment to be allocated to Title II or Title III local projects under this legislation, and WHEREAS, Lawrence County must declare each year what percentage of the local project funds will be dedicated to Title II or Title III projects, and THEREFORE BE IT RESOLVED, that Lawrence County intends to allocate the portion of funds which it receives for local projects through their share of the state payment in the following manner: TITLE II 8% and TITLE III 7%. BE IT FURTHER RESOLVED, this Resolution supersedes Resolution 2008-25 and a copy shall be transmitted to the Governor of South Dakota by such date as may be necessary for it to reach the United States Forest Service by November 14, 2008. Dated this 28 th day of October, 2008. FOR THE BOARD: Terry W. Weisenberg, CHAIR. ATTEST: Connie Atkinson, AUDITOR.

HIGHWAY BUSINESS:

UTILITY PERMITS: BUTTE ELECTRIC: Moved-Seconded (Seward-Thompson) to approve and authorize the Chairman to sign the Utility Permit for Butte Electric located in T7N, R2E, Section 34 along County Road Kerwin Lane approximately 1800 East of Highway 85. Motion Carried.

DEPARTMENT OF TRANSPORTATION SITE USE AGREEMENT: Moved-Seconded (Ewing-Weisenberg) to approve and authorize the Chairman to sign the SD DOT Site Use Agreement for the Salt/Sand Stockpile material located at a remote site west of Lead, SD. Motion Carried.

NURSE QUARTERLY REPORT: Denise Rosenberger, County Health Nurse, was present to give a quarterly report. Rosenberger reported on WIC and Nutrition Program, Maternal and Child Health Program, Women’s Health and Reproductive Program, Health Nutrition and Physical Activity Program, and General Public Health Office Activities.

PLANNING & ZONING:

PUBLIC HEARING CUP #367 & 368- D.J. CHORD/RINGER: A public hearing was held on Conditional Use Permit #367 and 368- D.J. CHORD/RINGER, Owner/Representative: Mike Ringer/D.J. Chord, Legal Description: Lot M-1 part of NE1/4SW1/4, Section 36, T6N, R4E, Location: East of Whitewood on service road, Purpose: Billboard, Zoning: HSC. No public input was voiced and the hearing was closed. Douglas stated in 1999 an agreement was made at the time of the Change of Zoning that only two signs advertising the on-site business and no other billboard advertising signs (off-premise signs) for other businesses shall be allowed.

Moved-Seconded (Ewing-Weisenberg) to deny Conditional Use Permit #367 per the December 28 th , 1999 minutes stated below. Motion Carried.

Moved-Seconded (Ewing-Weisenberg) to deny Conditional Use Permit #368 per the December 28 th , 1999 minutes stated below. Motion Carried.

(DECEMBER 28, 1999 / CHANE OF ZONING #196-MIKE RINGER: A Public Hearing was held on request of Mike Ringer for a petition to rezone property to Highway Service Commercial District for the business of RnR Enterprises for Mike and Marilyn Ringer (Independent Owners) located between Sturgis and Whitewood off I-90 service road. Legal Lot M1, Part of the NE1/4SW1/4 of Section 36, T6N, R4E, B.H.M., Lawrence County, SD. RnR Enterprises sells miscellaneous trailers. After discussion, Moved-Seconded (Douglas- Weisenberg) to approve change of zoning of the entire lot, Lot M1, to Highway Service Commercial with the agreement that only two signs advertising the on-site business and no other billboard advertising signs (off-premise signs) for other businesses shall be allowed. Motion Carried.)

Moved-Seconded (Seward-Ewing) to refund the applicants Planning and Zoning fees. Motion Carried.

FIRST READING OF ADMINISTRATIVE CHANGE OF ZONING #283: A public hearing and First Reading of Administrative Change of Zoning #283 from A-1 General Agriculture to RR Rural Residential to Match Surrounding Zoning - Keith Massey Property Located on Kerwin Lane/Hwy 85 (Full Legal Description in Notice of Hearing) was held. No public input was voiced and the public hearing remains open. Second Reading will be November 12, 2008.

FIRST READING OF ADMINISTRATIVE CHANGE OF ZONING #284: A public hearing and First Reading of Administrative Change of Zoning #284 from A-1 General Agriculture to RR Rural Residential to Match Surrounding Zoning - Lance & Catherine Redinger Property Located at St. Onge (Full Legal Description in Notice of Hearing) was held. No public input was voiced and the public hearing remains open. Second Reading will be November 12, 2008.

CHANGE OF ZONING #281 AND PLANNED UNIT DEVELOPMENT #05-08 APPLE SPRINGS RESORT INC. & BOULDER CANYON COUNTRY CLUB: COZ #281: A public hearing and First Reading was held on COZ #281 – Apple Springs and Boulder Canyon Country Club- PF to SRD. Owner/Representative: Apple Springs Inc/Boulder Canyon Country Club, Legal Description: Portion of the E ½ NE ¼ and Portion of Lot D Revised SW ¼ NW ¼ not currently zoned Suburban Residential, Section 13 and 14, T5N, R4E. Location: Boulder Canyon, Purpose: Part of PUD amendment and needs to change zoning on approx. 43.22 acres from PF to SRD to have additional buildable sites, Zoning: PF TO SRD. Dave Simpson was present and reviewed the Change of Zoning. Larry Hines, President of Boulder Canyon Country Club, spoke on behalf of the project. The public hearing will remain open and Second Reading will be November 12, 2008.

PUD #05-08: A public hearing was held on MAJOR PUD AMENDMENT #05-08 APPLE SPRINGS, Owner/Representative: Apple Springs Inc/Boulder Canyon Country Club. Legal Description: E ½ NE ¼ and Lot D Revised SW ¼ NW ¼ , Section 13 and 14, T5N, R4E. Location: Boulder Canyon, Purpose: Additional buildable sites to the Apple Springs Resort and the addition to the Golf Course, Zoning: Approx. 43.22 of PF land and Approx. 57.03 of SRD land. No public input was voiced and the hearing remains open.

Moved-Seconded (Seward-Weisenberg) to table Planned Unit Development #05-08 until November 12, 2008 meeting. Motion Carried.

CHANGE OF ZONING #282: A public hearing and Second Reading were held for Change of Zoning #282 for Apple Springs Resort- SRD to HSC, Owner/Representative: Apple Springs Inc, Legal Description: Everything North of Hwy 14-A, West of Apple Springs Boulevard, South of Utility Lot 1, Lots 4-8 A & B, Blk 1, Lot 2-3, Blk 1 and Lot 1 A & B Blk 1 and East of Wildberger Road, all in Section 14, T5N, R4E. Location: Boulder Canyon, Purpose: Convenience Store, Retail Establishments, Zoning: SRD to HSC. Planning and Zoning recommended approval. Dave Simpson was present and reviewed the plan. Pedestrian style shopping will be anticipated in the area. Paul Bisson, Boulder Canyon Country Club, spoke on behalf of the project. No other public comment was voiced and the hearing was closed.

Moved-Seconded (Thompson-Weisenberg) to follow the recommendation of approval contained in the Planning and Zoning staff report for the reasons set forth therein and approve Change of Zoning #282. Motion Carried.

FIRST READING & PUBLIC HEARING ORDINANCE 08-7 - SIGN REGULATIONS: First Reading and a Public Hearing was held on Proposed Ordinance #08-07 Sign Regulations. Purpose: Amend and add sign regulations to Zoning Ordinance. Planning and Zoning recommended approval. The public hearing will remain open and Second Reading will be held November 12, 2008. Vogt reviewed the proposed Ordinance.

GREENVIEW ESTATES / DENNY MCKAY: Denny McKay reviewed the progress on the Greenview Estates project and roads. McKay requested a partial release of the Bond. Moved- Seconded (Seward-Weisenberg) to approve a partial release of the Bond for Greenview Estates with the condition that Birk sign off on the bond release, and to approve the new Letter of Credit from Great Western Bank stating the new amount of $108,190. Motion Carried.

PSIC GRANT / SURPLUS AND TRANSFER OF OWNERSHIP: Moved-Seconded (Douglas-Weisenberg) to declare the equipment purchased from the PSIC Grant Funds surplus and allow to be given to the respective agencies, upon receipt of matching funds from agencies. Motion Carried.

STATE AND LOCAL AGREEMENT: Moved-Seconded (Thompson-Weisenberg) to approve and authorize the Chairman to sign the FFY 2009 State and Local Agreement. Motion Carried.

BILLS: Moved-Seconded (Thompson-Douglas) to approve payment of the following 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-5,918.07; Aud-$6,756.14; Treas-$8,418.11; Comp-$5,440.01; States Atty- $11,313.91; Pub Def-$8,573.87; Gen Govt Bldg-$6,909.32; Equal-$13,547.25; Deeds-$6,202.68; Vso-$1,086.23; Disp-$12,271.30; Sher-$31,013.91; Jail-$17,253.13; Coroner-$100.00; Emerg Mgnt-$3,466.38; E911-$1,522.80; Highway-$35,635.16; Air-$1,075.60; Mh Serv-$160.00; Ext- $1,329.20; Weed-$1,909.77; Pz-$4,083.36; Bills: Boyer,J-$92.00; Heck,D-$92.00; Leatherman,D-$12.22; Thompson,T-$849.03; Walker,J-$53.70; Writer,J-$296.00; A&B Business Equip-$1,125.75; A&J Supply-$5.64; A&M Transport-$100.00; Abc Business Supply- $426.80; Aldinger Funeral Home-$1,760.00; Alltel-$680.06; Amcon Distributing-$192.03; At&T-$6.49; BH Chemical Company-$284.27; BH Federal Credit Union-$9,216.66; BH Power & Light-$7,794.38; BH Security & Systems-$4,489.90; BH Window Cleaning-$16.00; Best Business Prod-$19.26; Brady Pluimer-$2,508.51; Butte County Sheriff-$11.72; Carol Butzman Consluting-$178.16; Cenex Fleetcard-$352.22; Chemical Sanitizing Sys-$329.32; Christensen Law Office-$335.75; City/County Alcohol & Drug-$931.00; Clinical Lab Of B H-$1,547.62; Credit Collections Bureau-$100.00; Cretex Concrete Prod West-$176.40; Dept Of The Treasury- $43,319.80; Esri-$934.25; Extendo Bed Company-$2,746.00; Extension Service-$112.70; Fastenal-$354.30; Fish,Veronica-$20.40; Genpro Power Systems-$402.00; Gold Dust-$161.00; Great Western Tire-$31.40; Greens Alignment-$123.99; Heisler Hardware-$34.98; Hewlett- Packard Company-$1,392.00; Hills Material Comp-$858.17; Hills Products Group-$892.80; Hsbc Business Solutions-$206.92; Integrity Ford-$10.56; Johnson, Rodenbrug & Lauinger- $75.00; Kieffer,Tracy-$263.00; Kinghorn Towing-$135.00; Knology-$1,845.39; LC Treasurer- $50.00; Lead Volunteer Fire Dept-$1,500.00; Lewis & Clark-$142.00; Lowe Roofing-$5,487.50; Mcarthur,Janet-$90.00; Meade County Sheriff-$10.80; Mid-Night Star-$129.09; Miller,Steve- $7,897.61; Montana-Dakota Util-$69.11; National Academy Of Emd-$180.00; Nebraska Salt & Grain-$17,323.50; Neve's Uniforms-$224.95; New World Systems-$7,123.15; Occupational Health Network-$386.40; Office Of Child Support-$195.69; Pennington Co Auditor-$40.00; Phillips Petroleum Co-$238.69; Quill Corp-$361.28; Qwest-$152.34; RC Regional Hospital- $698.00; Radio Shack/Kazco-$349.99; Reindl,Staci-$2,598.44; Rushmore Communications- $25.00; Russell,Lance-$80.66; SD Assn Of Co Comm-$3,334.26; SD Public Assur Alliance- $35.00; Safety Benefits-60.00; Schenk,D-$20.36; Sdrs Supplemental Retirement-$786.50; Servall Towel & Linen-$426.47; Shell Fleet Management-$141.04; Spearfish Auto Supply- $38.68; Spearfish Police Dept-$13,302.92; Thompson Publishing Group-$418.50; Tigerdirect- $229.93; Triple K Tire & Repair-$422.90; Twin City Hardware & Lumber-$482.14; Verizon Wireless-$96.91; Victims Of Violence-$1,140.00; Walmart Store-$447.19; Western Communication-$60.50; Williams & Associates-$817.86; Xerox Corporation-$159.94; Witness & Jurors: Rosencranz,R-$194.40; Sestak,A-$23.32; Ferris,W-$50.74; Langer,M-$59.62; Larson,B-$66.28; Lemke,J-$62.58; Lower,M-$61.10; Peters,P-$63.32; Pummel,C-$62.58; Schafer,B-$62.58; Addington,W-$21.10; Angle,E-$152.22; Barbee,K-$10.74; Becker,B-$12.22; Bergstrom,T-$18.88; Berry,T-$20.36; Bey,R-$16.66; Burke,J-$23.32; Burke,W-$10.74; Buttke,J-$21.10; Callison,M-$24.80; Coughlin,S-$24.80; Custis,D-$174.42; Debeaumont,R- $24.80; Dykstra,C-$21.10; Ehnes,K-$12.22; Etherington,W-$11.48; Finney,M-$163.32; Frasier,K-$15.92; Gabrielson,J-$185.52; Green,D-$154.44; Haessig,A-$24.80; Hallan,J-$183.30; Hohn,D-$29.98; Holzer,J-$158.88; Johnson,C-$24.80; Johnson,R-$183.30; Katz,C-$12.22; Keys,W-$21.10; Kissack,K-$183.30; Knabel,J-$12.96; Lahren,P-$21.84; Larson,R-$28.50; Lasnetske,J-$22.58; Legge,J-$21.10; Leige,S-$23.32; Lister,L-$21.10; Lovelace,K-$28.50; Lutz,J-$21.10; Martin,J-$21.10; Meidinger,K-$22.58; Miller,K-$10.74; Nible,A-$183.30; Peterson,J-$19.62; Spaans,B-$21.10; Tinnel,R-$11.48; Weber,A-$194.40; Wenzel,D-$22.58; Akrop,D-$20.00; Kuckenbecker,K-$22.22; Raber,A-$34.80; Smith,N-$31.10

ADJOURN: 10:53 a.m. there being no further business it was Moved-Seconded (Ewing- Weisenberg) to adjourn. Motion Carried.

______Date Approved

______Terry W. Weisenberg, Chairperson ATTEST:

______Connie Atkinson, Auditor LAWRENCE COUNTY COMMISSIONERS MEETING – November 10, 2008

Terry W. Weisenberg called the regular meeting of the Lawrence County Commissioners to order at 9:00 a.m. on November 10, 2008 in the Administrative Annex Building of the Lawrence County Courthouse located at 90 Sherman Street, Deadwood, SD with Commissioners, Connie H. Douglas, Bob Ewing, and Tommy Thompson present. James J. Seward was absent.

All motions were passed by unanimous vote, by all members present, unless stated otherwise.

AGENDA: Moved-Seconded (Ewing-Weisenberg) to approve the agenda as amended. Motion Carried.

2008 GENERAL ELECTION: Moved-Seconded (Thompson-Ewing) to canvass the 2008 General Election Results. Motion Carried.

ADJOURN: 9:25 a.m. there being no further business it was Moved-Seconded (Ewing- Thompson) to adjourn. Motion Carried.

______Date Approved

______Terry W. Weisenberg, Chairperson ATTEST:

______Connie Atkinson, Auditor LAWRENCE COUNTY COMMISSIONERS MEETING – November 12, 2008

Terry W. Weisenberg called the regular meeting of the Lawrence County Commissioners to order at 8:00 a.m. on November 12, 2008 in the Administrative Annex Building of the Lawrence County Courthouse located at 90 Sherman Street, Deadwood, SD with Commissioners, Connie H. Douglas, Bob Ewing, James J. Seward, and Tommy Thompson present.

All motions were passed by unanimous vote, by all members present, unless stated otherwise.

AGENDA: Moved-Seconded (Thompson-Seward) to approve the agenda as amended. Motion Carried.

PERSONNEL: SHERIFF: Rick Mowell, Sheriff, requested a residence waiver for Joe Harmon to live in Butte County. Mowell stated this is an exception because he is preparing for his retirement and the move will not affect his efficiency. Harmon has worked for the County for approximately sixteen years. Douglas questioned an employee who is on call and lives outside the County. Moved- Seconded (Thompson-Seward) to grant a waiver to Joe Harmon to allow him to live outside of the County. Motion Carried. Aye-Seward, Ewing, Thompson and Weisenberg. Nay-Douglas.

MINUTES: Moved-Seconded (Seward-Weisenberg) to approve the minutes of October 28, 2008 and November 10, 2008 County Commission meeting. Motion Carried.

CHRISTMAS LUNCHEON: Moved-Seconded (Ewing-Seward) to allow the County Offices to close from 11:30 a.m. to 1:00 p.m. on December 9, 2008 for the Christmas Luncheon. Motion Carried.

JANUARY MEETINGS: The Board set the meetings for January 2009 for January 6 th and 20 th .

STREAM FLOW GAGE CONTRACT: Moved-Seconded (Seward-Ewing) to approve and authorize the Chairman to sign the Stream Flow Gage Contract with the U.S. Department of Interior, U.S. Geological Survey Funding Agreement. Motion Carried.

HEALTH INSURANCE RENEWAL: Marlene Barrett discussed the health insurance premium rate increase of 28% for 2009. The County budgeted for a 15% increase. The Board discussed the affect on individuals. The County will remain with Medica for 2009.

INSURANCE COMMITTEE APPOINTMENT: Moved-Seconded (Seward-Weisenberg) to appoint Brenda McGruder to the Insurance Committee. Motion Carried

BRIGHTER DAY ROAD DISTRICT: Moved-Seconded (Thompson-Weisenberg) to approve and authorize the Chairman to sign the Order Declaring Brighter Day Road District Incorporated. Motion Carried.

ORDER DECLARING BRIGHTER DAY 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, Mattson, Inc. is the only landowners of the 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, which includes proposed Lots 1-13, of Brighter Day Subdivision, a subdivision of Tract A consisting of Alton M.S. 1566, and parts of “86” M.S. 1015, Golden Star No. 1 and Golden Star M.S. 1332, Sarsfield, Cement, Rochester, Hot Air, Moline, Sunnyside, Golden Flat and Free Coinage M.S. 1566, Brighter Day M.S. 1332 and Melvin M.S. 1015, and Lot 1B of Lot 1, all located in Sections 25 and 36, Township 5 North, Range 3 East, B.H.M., and Section 30, Township 5 North, Range 4 East, B.H.M., Lawrence County, South Dakota, as shown on the plat of Tract A, filed in the office of the Lawrence County Register of Deeds as Plat Document No. 2008-5376. NOW THEREFORE BE IT ORDAINED by the Lawrence County Board of Commissioners that the Brighter Day Road District is hereby incorporated pursuant to SDCL 31-12A-11. DATED this 12 th day of November, 2008. FOR THE BOARD: TERRY W. WEISENBERG, Chairman Lawrence County Commission. ATTEST: CONNIE ATKINSON, Auditor

SUPPLEMENTAL BUDGET HEARING: Moved-Seconded (Seward-Ewing) to a set a supplemental budget hearing for November 25, 2008 at 9:30 a.m. for Title III Expenditures - $213,000, General Government Buildings Repairs $55,000, and Sheriff Travel-$30,000. Motion Carried.

AUDITOR’S ACCOUNT WITH TREASURER REPORT: Moved-Seconded (Douglas- Weisenberg) to accept the following report as read by the Auditor. Motion Carried. Auditor's Account with the County Treasurer: as of October 31, 2008 showed the following: Total amount of actual cash-$1,250.00; Total amount of Checks and drafts in Treasurer's possession not exceeding three days (check deposit in transit)-$876,325.30; Total amount of cash in transit in Treasurer's possession (cash deposit in transit)-$16,033.24; Petty Cash-$1,860.00; Total amount of deposits in bank include: CD's-$4,200,000; Savings $262,300.46, Money Market $521,462.16; Bank Balance-$12,094,908.54; Total $17,974,139.70.

HIGHWAY BUSINESS:

WINTER BLIZZARD: The Board commended the Highway Department Employee’s for their outstanding work during the November blizzard.

UTILITY PERMITS: MIDCONTINENT COMMUNICATIONS: Moved-Seconded (Ewing-Seward) to approve and authorize the Chairman to sign the Utility Permit for Mid-continent Communications on Kerwin Lane north of Spearfish, SD. Motion Carried.

VACATIONS OF SECTION LINES / STREETS: A public hearing was held on petitions to Vacate a Portion of a Street and Section Lines in the Galena Area. Leo Stewart and Robert Taylor, spoke on behalf of the vacations. Amber Vogt stated it does clean up building permit issues in the area. The public hearing was closed.

Being the Board determined that the public interest would be better served by the vacations it was Moved-Seconded (Douglas-Ewing) to approve and authorize the Chairman to sign the following Resolutions & Orders to Vacate a Portion of a Street and Section Lines #08-32, #08- 33, #08-34, #08-35. Motion Carried.

LAWRENCE COUNTY RESOLUTION #08-32 RESOLUTION & ORDER TO VACATE A PORTION OF A STREET 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 street 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 Journal, 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 street does not constitute a portion of a South Dakota State Trunk 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 Street be vacated: Legal Description For The Vacating Of A Portion Of Street: Ruby Street, beginning at Washington Street, town of Galena. Running between blocks 14 and 16, town of Galena and terminating at Nowak Tract 1 of MS 557. Approximate size is 50 feet by 150 feet. AFFECTING THE LANDOWNERS LISTED BELOW: Gwen M. Brandhagen Dated this 12 th day of November, 2008. TERRY W. WEISENBERG, CHAIRPERSON, Lawrence County Commissioner. ATTEST: CONNIE ATKINSON, Lawrence County Auditor.

LAWRENCE COUNTY RESOLUTION #08-33 RESOLUTION & ORDER TO VACATE 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 Journal, 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 Trunk 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 VACATION: That portion of the 66’ wide section line between sections 4 & 9 with the west starting point being the northwesterly lot line of Block 16, Town site of Galena, then traveling east to the southeasterly lot line of Block 4, Town site of Galena which crosses or intersects the following properties: Lots 1, 2, 3, 4, 5, Block 16; Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, Block 8; that portion of Sheehan Placer No. 557 located between Block 8 and Block 6; Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, Block 6; that portion of Sheehan Placer No. 557 located between Block 6 and Block 4; and Lots 2, 3, 4, 5, 6, 7, 8, 9, Block 4. All being located within the Town of Galena, being a portion of Sheehan Placer No. 557, located in sections 4 & 9, T4N, R4E, BHM, Lawrence County, South Dakota. AFFECTING THE LANDOWNERS LISTED BELOW: Gwen M. Brandhagen, Chester A. Borsch Jr. Trustee, Marilyn J. Schwaner, Leo E. and Lola J. Stewart. TERRY W. WEISENBERG, CHAIRMAN Lawrence County Commissioner. ATTEST: CONNIE ATKINSON, LAWRENCE COUNTY AUDITOR.

LAWRENCE COUNTY RESOLUTION #08-34 RESOLUTION & ORDER TO VACATE 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 Journal, 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 Trunk 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 VACATION: That portion of the 66’ wide section line between sections 4 & 9 crossing or intersecting Lots 2, 3, 4, 5, Block 14; Town of Galena, being a portion of Bryan Placer No. 913, located in Sections 4 & 9, T4N, R4E, BHM Lawrence County, South Dakota. AFFECTING THE LANDOWNERS LISTED BELOW: Gwen M. Brandhagen. TERRY W. WEISENBERG, CHAIRMAN Lawrence County Commissioner. ATTEST: CONNIE ATKINSON, Lawrence County Auditor

LAWRENCE COUNTY RESOLUTION #08-35 RESOLUTION & ORDER TO VACATE 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 Journal, 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 Trunk 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 VACATION: That portion of the 66’ wide section line between sections 4 & 9 with the west starting point being the northwesterly lot line of Block 3 & Block 1, Town site of Galena, then traveling east to the southeasterly boundary line of Sheehan Placer No. 557, which crosses or intersects the following properties: Lots 1, 2, 3, 4, Block 3; Lot A, Block 3; that portion of Sheehan Placer No. 557 located between Block 3 and Block 1; Lots 4, 5, 6, 7, 8, 9, 10, Block 1; that portion of Sheehan Placer No. 557 located between Block 1 and Block 21; that portion of 2, 3, 4, 5, 6, Block 21 within Sheehan Placer No. 557. All being located in Sheehan Placer No. 557, all being located within the town of Galena, located in Sections 4 & 9, T4N, R4E, BHM, Lawrence County, South Dakota. AFFECTING THE LANDOWNERS LISTED BELOW: Chester A. Borsch Jr. Trustee. TERRY W. WEISENBERG, CHAIRMAN Lawrence County Commissioner. ATTEST: CONNIE ATKINSON, Lawrence County Auditor

PLANNING & ZONING: The Board discussed the Code Enforcement position and the procedure for Junk Offenses.

THREE MILE JURISDICTIONAL AGREEMENT / STURGIS: Amber Vogt, stated the City of Sturgis approached the Planning and Zoning Office in regards to a Three Mile Jurisdictional Agreement. Vogt stated they are currently in the planning portion and are working on boundaries at this time. Sturgis is looking at platting and building permits.

SECOND READING OF ADMINISTRATIVE CHANGE OF ZONING #283: A public hearing and Second Reading of Administrative Change of Zoning #283 from A-1 General Agriculture to RR Rural Residential to Match Surrounding Zoning - Keith Massey Property Located on Kerwin Lane/Hwy 85 (Full Legal Description in Notice of Hearing) was held. No public input was voiced and the public hearing was closed. Moved-Seconded (Ewing-Seward) to follow the recommendation of approval contained in the Planning and Zoning staff report for the reasons set forth therein and approve Change of Zoning #283. Motion Carried.

SECOND READING OF ADMINISTRATIVE CHANGE OF ZONING #284: A public hearing and Second Reading of Administrative Change of Zoning #284 from A-1 General Agriculture to RR Rural Residential to Match Surrounding Zoning - Lance & Catherine Redinger Property Located at St. Onge (Full Legal Description in Notice of Hearing) was held. No public input was voiced and the public hearing was closed. Moved-Seconded (Seward- Thompson) to follow the recommendation of approval contained in the Planning and Zoning staff report for the reasons set forth therein and approve Change of Zoning #284. Motion Carried.

SECOND READING & PUBLIC HEARING ORDINANCE 08-7 - SIGN REGULATIONS: Second Reading and a Public Hearing was held on Proposed Ordinance #08- 07 Sign Regulations. Purpose: Amend and add sign regulations to Zoning Ordinance. Planning and Zoning recommended approval. The public hearing was closed. Moved-Seconded (Douglas-Ewing) to approve and authorize the Chairman to sign Ordinance #08-07 Sign Regulations. Motion Carried.

CHANGE OF ZONING #281 AND PLANNED UNIT DEVELOPMENT #05-08 APPLE SPRINGS RESORT INC. & BOULDER CANYON COUNTRY CLUB: COZ #281: A public hearing and Second Reading was held on COZ #281 – Apple Springs and Boulder Canyon Country Club- PF to SRD. Owner/Representative: Apple Springs Inc/Boulder Canyon Country Club, Legal Description: Portion of the E ½ NE ¼ and Portion of Lot D Revised SW ¼ NW ¼ not currently zoned Suburban Residential, Section 13 and 14, T5N, R4E. Location: Boulder Canyon, Purpose: Part of PUD amendment and needs to change zoning on approx. 43.22 acres from PF to SRD to have additional buildable sites, Zoning: PF TO SRD. Dave Simpson was present and reviewed the project. Larry Hines, President of Boulder Canyon Country Club, spoke on behalf of the project and stated the Board unanimously approved the documents involving Apple Springs. Douglas questioned if a turning lane is planned for Wildberger Road. Simpson stated they would be open to this suggestion. The public hearing was closed.

Moved-Seconded (Seward-Thompson) to follow the recommendation of approval contained in the Planning and Zoning staff report for the reasons set forth therein and approve Change of Zoning #281. Motion Carried.

PUD #05-08: A public hearing was held on MAJOR PUD AMENDMENT #05-08 APPLE SPRINGS, Owner/Representative: Apple Springs Inc/Boulder Canyon Country Club. Legal Description: E ½ NE ¼ and Lot D Revised SW ¼ NW ¼ , Section 13 and 14, T5N, R4E. Location: Boulder Canyon, Purpose: Additional buildable sites to the Apple Springs Resort and the addition to the Golf Course, Zoning: Approx. 43.22 of PF land and Approx. 57.03 of SRD land. No public input was voiced and the hearing was closed.

Moved-Seconded (Seward-Thompson) to follow the recommendation of approval contained in the Planning and Zoning staff report for the reasons set forth therein and approve Planned Unit Development #05-08. Motion Carried.

BILLS: Moved-Seconded (Ewing-Weisenberg) to approve payment of the following 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-$5,878.07; Aud-$6,841.20; Treas-$8,428.68; Comp-$5,430.01; States Atty- $11,295.40; Pub Def-$8,157.75; Gen Govt Bldg-$6,892.34; Equal-$13,668.87; Deeds-$6,202.68; Vso-$1,086.23; Disp-$11,641.41; Sher-$34,746.37; Jail-$19,456.13; Emerg Mgnt-$3,719.42; E911-$1,519.80; Highway-$35,430.74; Air-$915.60; Mh Serv-$400.00; Ext-$1,299.20; Weed- $1,822.44; Pz-$3,852.36; Bills: Culver,K-$23.32; Frerichs,A-$231.95; Mowell,R-$8,820.00; Pike,M-$12.70; Rear,K-$100.00; Rombough,D-$173.00; Symonds,C-$21.10; Weisenberg,T- $151.95; American Family Life-$3,039.53; BH Federal Credit Union-$9,000.84; Credit Collections Bureau-$100.00; Deadwood Recreation Center-$157.00; Delta Dental Of South Dakota-$4,886.10; Dept Of The Treasury-$44,716.83; Hartford-Priority Accounts-$1,407.75; Johnson, Rodenbrug & Lauinger-$75.00; LC Treasurer-$50.00; Medica-$52,535.70; NH Family Ymca-$446.60; Office Of Child Support-$195.69; SD Retirement System-$70,710.67; Sdrs Supplemental Retirement-$736.50; A&B Business Equip-$1,639.65; A&B Welding Supply- $16.20; Abc Business Supply-$2,292.58; Abc Vacuum Warehouse-$87.50; Active Data Systems-$33.13; Alco Store-$73.41; Aman,B-$120.00; Amcon Distributing-$409.28; Anderson Oil Co-$160.46: Armstrong Extinguish-$132.65; BH Chemical Company-$1,450.99; BH Land Analysis-$292.50; BH Medical Ctr Pharmacy-$1,025.91; BH Pioneer-$1,181.15; BH Power & Light-$452.07; BH Windshield Repair-$50.00; Black Hills Pure-$11.50; Bob Barker Company- $384.48; Boersma,R-$120.00; Brady Pluimer, PC-$95.00; Burke,John-$110.00; Burleson,A- $100.00; Burleson,S-$100.00; Butler Machinery Co-$114.15; Butte County Sheriff-$21.72; Butte Electric Coop-$737.49; Caserio,B-$144.00; Caserio,M-$120.00; Cenex Fleetcard- $219.38; Central Parts-$1,393.98; City/County Alcohol &Drug-$750.00; Conoco-$751.65; Cook,S-$120.00; Custer County Sheriff Office-$44.40; Dale's Tire & Retread- $618.98; Deadwood, City Of-$650.29; Dena Sheets Property Mgnt-$375.00; Dept Of Hlth Lab Services- $52.00; Dietrich,Donna-$83.92; Ecolab-$118.50; Ellingson,Joseph-$252.63; Esri-$5,715.75; Farmers Union Oil-$11,679.58; Fastenal-$345.39; Federal Express Corp-$17.62; Fish,Veronica- $57.00; Fisher Sand & Gravel-$2,743.85; Fsh Communications-$60.91; Geigle,E-$157.58; Genpro Power Systems-$2,323.57; Glaxosmithkline Pharmaceutical-$263.10; Gold Dust-$86.14; Great Western Tire-$655.80; Greens Alignment-$287.98; Grubb,F-$120.00; Gustafson,A- $120.00; Hamann,Chris-$225.00; Havemeier,Leslie-$489.20; Hewlett-Packard Company- $1,434.00; Hickok's Iron Horse Inn-$247.55; Hills Material Comp-$364,500.95; Hoffman,D- $120.00; Holso,C-$120.00; Honeywell-$26,944.00; Hovland,A-$145.00; Howe,M-$120.00; Hughes,L-$100.00; Hughes,W-$100.00; Hunt,D-$156.10; Hyde,C-$120.00; Iga-$50.98; Integrity Ford-$89.17; Jacobs Precision Welding-$104.96; K&M Reporting-$35.38; Karl's-$1,104.88; Kaul,B-$100.00; Kaul,I-$100.00; Kellogg,D-$156.10; Kennedy, Rokahr,Pier & Knoff-$116.00; Keough,M-$137.02; Kieffer,Tracy-$4.40; Kimball-Midwest Co-$237.30; Jorgensen,K-$100.00; Kinney,Matthew-$1,137.91; Knecht True Value-$31.05; Knology-$181.63; Kooistra,Nelva- $3.00; Kosel,Joseph-$4,166.67; LC Journal-$1,885.15; Lead, City Of-$41.25; Lead-Deadwood Regional-$40.59; Lead-Deadwood Sanitary-$375.48; Little,C-$120.00; Littleton,D-$120.00; Loken,M-$120.00; Long Enterprises-$395.00; Loree,J-$120.00; Loree,J-$120.00; Martin,J- $120.00; Mattson,D-$120.00; Mcclure,S-$180.00; Mccormick,R-$156.10; Mcgas Propane- $447.75; Mcgrath,M-$147.22; Mcpherson Propane-$119.00; Meade County Sheriff-$13.20; Mid-Night Star-$100.74; Minnwest Bank Sioux Falls-$171.03; Montana-Dakota Util-$3,461.74; Mundhenke,B-$120.00; National Emergency-$120.00; Nebraska Salt & Grain-$11,390.50; Nelson,Christy-$225.00; Nelson,Tonya-$675.00; Neve's Uniforms-$53.00; Newman Traffic Signs-$8,883.30; Northern Hills Dental-$833.00; Office Depot-$286.18; Office Technology/Supply-$175.21; Pennington Co Auditor-$82.00; Pennington County Sts Attny- $400.00; Performance One-$298.76; Pheasantland Industries-$211.65; Pizza Hut-$156.50; Postmaster, Deadwood-$252.00; Quaschnick,E-$145.00; Qwest-$93.54; Rabe Elevator-$690.96; Radio Shack/Kazco-$189.97; Regional Behavioral Health Ctr-$77.24; Rehfuss,Cathryn-$3.00; Reliable-$25.23; Robidou,E-$145.00; Robinson,B-$100.00; Robinson,P-$100.00; Rocket Lube- $34.49; Rocky Mountain Instrumental-$900.00; Root Spring Scraper Co-$9,296.67; Rotert,J- $120.00; SD Assoc Code Inforcement-$40.00; SD Building Officials Assoc-$50.00; SD State Treasurer-$1,089.30; Safety Benefits-$100.75; Sandidge,V-$120.00; Schenk,D-$280.72; Sdae4- He-$70.00; Servall Towel & Linen-$283.78; Seward & Odenbach-$261.27; Seward,S-$100.00; Seymour,C-$156.10; Seymour,S-$20.00; Silvernail,G-$145.00; Spearfish Auto Supply- $5,347.81; Spearfish Police Dept-$9,003.92; Stationers-$95.86; Taylor,J-$157.58; Tetrault,R- $100.00; Tigerdirect-$552.61; Tom Adams-$24.00; Trent,J-$156.10; Triple K Tire & Repair- $1,075.40; Twilight First Aid & Safety-$565.96; Twin City Hardware & Lumber-$975.69; US Geological Survey-$14,760.00; United Parcel Service-$46.53; Waisanen,A-$120.00; Waste Connections-$281.83; Watertree-$44.00; West Group-$840.00; Western Communication- $80.50; White's Queen City Motors-$32.73; Whitewood Vol Fire Dept-$3,213.85; Wilts, Thomas Chief Deputy-$350.00; Xerox Corporation-$56.88; Witness & Juror : Beusch,G- $61.10; Frederickson,J-$48.00; Beyl,J-$50.74; Dahlgren,J-$64.80; Hanson,M-$67.02; Kapsa,C- $61.10; Lower,M-$61.10; Nelson,R-$51.48; Schettler,T-$61.10; Mannion,C-$20.00; Donahue,M-$21.10; Raber,A-$20.00; Aldrich,R-$305.50; Arleth,J-$12.96; Bowdish,C-$21.84; Case,J-$19.62; Christensen,R-$23.32; Diem,T-$13.70; Dower,L-$15.92; Doyen,C-$294.40; Garcia,L-$12.22; Garrett,R-$294.40; Gillings,J-$21.10; Haak,G-$24.80; Hackney,H-$21.10; Hale,B-$287.00; Hall,N-$305.50; Hemeyer,C-$24.80; Horak,J-$24.80; Isburg,M-$305.50; Klapperich,W-$32.20; Luckman,C-$12.22; Maser,B-$22.58; Miller,I-$21.10; Mitcheltree,R- $253.70; Morgan,A-$28.50; Nelson,Z-$324.00; Nouis,C-$23.32; Palmer,A-$28.50; Phinney,D- $12.22; Pierce,N-$12.96; Pochop,M-$21.10; Rainey,T-$12.22; Redmond,M-$305.50; Regan,T- $12.22; Richter,M-$28.50; Sarver,S-$24.80; Scheetz,J-$24.80; Schmidt,K-$24.80; Schneider,L- $21.10; Sell,K-$290.70; Shafto,D-$312.90; Sigle,D-$22.58; Singer,L-$11.48; Winkelman,N- $261.10; Zwetzig,B-$298.10; Trouton,H-$14.44; Carsten,D-$20.00; Edoff,R-$20.00; Foster,A- $20.00; Geffre,J-$20.00; Gomez,C-$20.00; Kahler,D-$20.00; Kirschman,J-$20.00; Myers,C- $39.98; Williams,L-$20.00

ADJOURN: 10:15 a.m. there being no further business it was Moved-Seconded (Thompson- Weisenberg) to adjourn. Motion Carried.

______Date Approved

______Terry W. Weisenberg, Chairperson

ATTEST:

______Connie Atkinson, Auditor

LAWRENCE COUNTY COMMISSIONERS MEETING – November 25, 2008

Terry W. Weisenberg called the regular meeting of the Lawrence County Commissioners to order at 8:00 a.m. on November 25, 2008 in the Administrative Annex Building of the Lawrence County Courthouse located at 90 Sherman Street, Deadwood, SD with Commissioners, Bob Ewing, James J. Seward, and Tommy Thompson present. Connie H. Douglas was absent.

All motions were passed by unanimous vote, by all members present, unless stated otherwise.

AGENDA: Moved-Seconded (Seward-Thompson) to approve the agenda as amended. Motion Carried.

MINUTES: Moved-Seconded (Seward-Weisenberg) to approve the minutes of November 12, 2008 County Commission meeting. Motion Carried.

PERSONNEL: SHERIFF: Moved-Seconded (Seward-Ewing) to approve Mike McClain as a full-time Correctional Officer 2 G2 at the base rate of $15.16 an hour, effective November 18, 2008. Motion Carried.

Moved-Seconded (Ewing-Seward) to advertise for a part time correctional officer. Motion Carried.

AUDITOR: Moved-Seconded (Ewing-Seward) – to approve Robin Millard as an Accounting Clerk 1 G2 at the base rate of $12.01 an hour, effective 11-24-2008. Motion Carried.

TREASURER: Moved-Seconded (Seward-Thompson) to approve Julie Adams as an Accounting Clerk 1 G2 at the base rate of $12.01 an hour, effective 12-8-2008. Motion Carried.

Moved-Seconded (Seward-Thompson) to approve Laurie Marshall as an Accounting Clerk 1 G2 at the base rate of $12.01 an hour, effective 12-8-2008. Motion Carried.

EMERGENCY DECLARATION: Moved-Seconded (Thompson-Weisenberg) to approve and authorize the Chairman to sign the following Emergency Declaration. Motion Carried. Aye- Ewing, Thompson and Weisenberg. Nay-Seward. Absent-Douglas.

RESOLUTION FOR DECLARATION OF DISASTER #2008-37: WHEREAS, LAWRENCE COUNTY SOUTH DAKOTA, has suffered damage, brought on by the snow event on the dates of November 5 through 7, 2008. WHEREAS, Lawrence County has committed all available resources and taken all possible action within the jurisdictional boundaries to combat and to alleviate the disaster, local resources are not adequate to cope with the situation. NOW, THEREFORE BE IT RESOLVED by the Lawrence County Commission at the regular meeting held on November 25, 2008 it is hereby requested that the governor declare a disaster to exist in the County of Lawrence. Dated this 25 th day of November, 2008. TERRY WEISENBERG, Lawrence County Commission Chair.

The Commission was notified after the meeting that the State Declaration was canceled.

WESTERN PLANNERS REPRESENTATIVE: Moved-Seconded (Ewing-Thompson) to support the nomination of Amber Vogt to serve on the Western Planners Association. Motion Carried.

HEALTH INSURANCE PREMIUMS: The Board discussed alternatives for the increased health insurance premiums. The Board discussed paying 70% of the premiums, increasing the cost of living by 1% and Ewing suggested the County pay 100% for single and pay 50% for the additional cost of coverage selected over the single premium. The Board will revisit the issue December 8, 2008.

SANFORD LAB UPDATE: Bill Harlan, Sanford Lab, was present and stated the water levels have been reduced by 97 feet from the high level mark. The water level is approximately at 4627 feet. Progress is being made to re-enter the mine and they currently have 55 employees, not including contract employees.

FUEL QUOTES: The following fuel quotes were submitted as of November 13, 2008: Diesel 6700 Gallons: (prices per gallon) Cenex Oil Co. 2.37*, Southside Oil - $2.38; Rollin Oil – no bid. M.G. Oil Co. no bid (*represents lowest quote). Unleaded 5200 Gallons: (prices per gallon) Cenex Oil Co. $1.635*; Southside Oil - $1.86; Rollin Oil – no bid M.G. Oil Co. $no bid (*represents lowest quote).

TETRO ROCK ROAD DISTRICT: Moved-Seconded (Ewing-Seward) to approve and authorize the Chairman to sign the Order Declaring Tetro Rock Road District Incorporated. Motion Carried. ORDER DECLARING TETRO ROCK ROAD DISTRICT INCORPORATED: WHEREAS, an election was held among the registered voters in the Tetro Rock Road District to determine whether or not a County Road District should be incorporated. WHEREAS, this vote was held on November 10, 2008. 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 10 (Ten), together with the number of 7 (Seven) voting for and the number of 3 (Three) voting against incorporation; WHEREAS, The Territory organized as a district is as follows: Lots 1, 2, 3, 5, 6, 7, 8, 9 & 10 of Skyline Subdivision, a subdivision of Weedon No.1, New Year & Grover Lodes, M.S. 1409 and McKinley & Ivanhoe Lodes, M.S. 1409, Lots A & B of C.O.D. No.1 & C.O.D. No.2 Lodes, M.S. 1276, Tract A of Carrolton Lode M.S. 1238 and of a portion of Kicking Horse Fraction Lode, M.S. 1268, Wells Fargo No.2 Lode, M.S. 946, Hopkins, Charles Gardner, Ella & remaining unplatted portion of Kicking Horse Fraction Lodes, M.S. 1268, C.O.D. No.3, C.O.D. No.4, C.O.D. No.5 and Annie M.S. 1276, Lots C & D of Fortuna & Fabula Lodes, M.S. 1276 and White Star Lode, M.S. 1038, All located in Sections 17 & 20, Township 5 North, Range 3 East, Lawrence County, South Dakota. 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 Tetro Rock Road District is hereby incorporated pursuant to SDCL 31-12A. DATED this 25th day of November, 2008. Terry W. Weisenberg, Chairperson, Lawrence County Commission. ATTEST: CONNIE ATKINSON, Auditor

AUTOMATIC SUPPLEMENT: Moved-Seconded (Ewing-Weisenberg) to do an automatic supplement to the Sheriff Computer Supplies Budget for $19,425 for grant money received. Motion Carried.

AIRPORT BROWN BAG PERMIT: Moved-Seconded (Seward-Weisenberg) to approve a brown bag permit to allow for a customer appreciation gathering at the Airport on Thursday December 11, 2008 from 5:00pm to 7:00pm. Motion Carried.

HIGHWAY BUSINESS:

UTILITY PERMITS: QWEST: Moved-Seconded (Seward-Thompson) approve and authorize the Chairman to sign the Utility Permit for Qwest Communications from 21259-21253 Erickson RD. Motion Carried.

PROJECT LEARNING TREE: Dianne Miller, Project Learning Tree, was present and thanked the Board for their support in the past years. Miller presented the Board with a framed “Tree Rings Tells The Story Poster”. Miller stated this was possible with the funds allotted to them.

SEVEN DOWN ARENAS CUP #240: Moved-Seconded (Thompson-Weisenberg) to follow the recommendation of approval contained in the Planning and Zoning staff report for the reasons set forth therein and approve the amended conditions to Conditional Use Permit #240, with conditions as on file in the Planning & Zoning Office. Motion Carried.

SEARCH & RESCUE TRUCK: The Board discussed the 1994 Emergency Responder truck that will be available for surplus. The truck was surplused back to the County from the Spearfish Fire Department. Thomson will be in contact with the area departments to see if they are interested in the vehicle.

GILDED MOUNTAIN SUBDIVISION BOND: Moved-Seconded (Ewing-Seward) to allow the release of the Original Letter of Credit for Gilded Mountain Subdivision and to approve the new Letter of Credit from the Bank of Hays for an Aggregate Amount of $109,824.00. Motion Carried.

SUPPLEMENTAL BUDGET HEARING: A supplemental budget hearing was held for Sheriff Travel - $30,000, General Government Building – Repairs-$55,000, and Title III Expenditures - $213,000. No public input was voiced and the hearing was closed. Moved- Seconded (Seward-Ewing) to approve and authorize the Chairman to sign the following Resolution #2008-36 for a supplemental budget. Motion Carried. RESOLUTION #08-36 TO ADOPT A SUPPLEMENTAL BUDGET: WHEREAS, the County Budget for Lawrence County, South Dakota, for the fiscal year 2008, 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 2008, and that in said budget there will be and is hereby appropriated the following sum of money, to-wit: GENERAL FUND: Sheriff Travel / $30,000, General Government Buildings Repairs / $55,000, TITLE III FUND: Title III Expenditures / $213,000. 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 12 th day of November, 2008 at the hour of 9:30 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 12 th day of November, 2008. FOR THE BOARD OF COUNTY COMMISSIONERS: TERRY W. WEISENBERG, Chairperson. ATTEST: CONNIE ATKINSON LAWRENCE COUNTY AUDITOR.

SHERIFF COMPUTER SOFTWARE: Moved-Seconded (Ewing-Thompson) to approve the Software Upgrade for the New World System for $25,000 and to authorize the Chairman to sign the contract. Motion Carried.

SHERIFF EQUIPMENT: Moved-Seconded (Seward-Ewing) to set the bid opening for three sheriff vehicles for December 30, 2008 at 10:50 a.m. Motion Carried.

ABATEMENTS: BROCKLEY, MARK & ANNESSE: Moved-Seconded (Ewing-Seward) to approve the abatement for Mark and Annesse Brockley on parcel #20600-00602-220-76 on 242 W. Pine because the house was demolished. Motion Carried.

HEMEYER, DELMER D. REVOCABLE TRUST: Moved-Seconded (Seward-Weisenberg) to approve the abatement on a mobile home for Delmer D. Hemeyer Revocable Trust on Mobile Home Key #05225 because of an error made. Motion Carried.

FOREST SERVICE UPDATE / RESOURCE ADVISORY COMMITTEE: Rhonda O’Byrne, US Forest Service was present and updated the board on forest issues and projects. Custer Peak and bug infestation, the Rim Rock Project and other issues were discussed.

O’Byrne presented handouts on forming a Resource Advisory Committee “RAC”. O’Byrne introduced Steve Kozel with the Forest Service. O’Byrne stated Kozel has experience with forming a RAC. Weisenberg and Daryl Johnson volunteered to be on the Committee.

BILLS: Moved-Seconded (Ewing-Weisenberg) to approve payment of the following 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-$5,878.07; Aud-$7,604.35; Treas-$8,428.67; Comp-$5,569.68; States Atty- $11,109.23; Pub Def-$8,573.87; Gen Govt Bldg-$7,236.49; Equal-$13,426.47; Rod-$6,202.68; Vso-$1,086.23; Disp-$13.290.15; Sher-$32,446.83; Jail-$18,384.24; Coroner-$100.00; Emerg Mgnt-$3,196.21; E911-$1,516.80; Highway-$42,382.78; Air-$915.60; Mh Serv-$480.00; Ext- $1,385.20; Weed-$1,622.44; Pz-$3,843.36; Bills: Atkinson,C-$148.20; Barrett,T-$12.72; Frerichs,A-$41.57; Fystro,T-$81.50; A&B Business Equip-$956.73; A&J Supply-$70.79; A-Z Shredding-$15.00; Abc Business Supply-$441.01; Alltel-$2,943.21; Amcon Distributing- $250.06; At&T-$6.53; BH Chemical Company-$247.32; BH Federal Credit Union-$9,000.84; BH Pest Control-$95.00; BH Pioneer-$208.28; BH Power & Light-$7,348.18; BH Travel Agency-$1,423.88; BH Windshield Repair-$50.00; Best Western Ramkota/Watertown-$70.00; Big Sky Communications-$470.00; Black Hills Auto Parts-$17.11; Brady Pluimer-$2,806.77; Carol Butzman Consluting-$735.01; Community Health Services-$45.00; Credit Collections Bureau-$100.00; Days Inn (Brookings)-$558.00; Days Inn (Spearfish)-$145.50; Dept Of The Treasury-$46,923.43; Division Of Motor Veh-$4.00; Election Sys & Software-$1,733.55; Extension Service-$382.72; Farmers Union Oil Co-$24,397.75; First Western Bank-$134.15; First Western Ins Deadwood-$50.00; Fleet Services-$243.80; Gene's Lock Shop-$395.98; Glenney,Tracy-$45.00; Harrisonburg Clerks Office-$9.50; Heisler Hardware-$59.91; Hills Material Comp-$240,138.76; Honeywell-$1,751.10; Iaao-$175.00; Ibm Corp-$486.00; Iga- $1.99; Jacobs Precision Welding-$132.05; Janke,Wendy-$405.00; Jenner Equipment Co- $405.52; Johnson, Rodenbrug & Lauinger-$75.00; Kadrmas, Lee And Jackson-$54,417.02; Knology-$1,906.88; LC Auditor-$12.53; LC Treasurer-$50.00; Language Line Services- $501.41; Lead Volunteer Fire Dept-$2,701.00; Lead-Deadwood Regional-$29.94; Lead- Deadwood Regional Hospital-$381.00; Lee,James-$15.00; Lewis & Clark Bhs-$142.00; Lexisnexis On-Line-$417.00; Lueders-$43.03; Lyle Signs-$57.84; Lynn's Dakotamart-$23.27; Midwest Alarm-$84.00; Mikelson,Gary-$205.26; Minnwest Bank Sioux Falls-$171.03; Montana Dakota Utilities-$188.06; Montana-Dakota Util-$214.19; NH Training Center-$2,500.00; NJS Engineering-$3,303.30; National 4-H Council Sup Serv-$38.95; Neafcs-Sd Affiliate Treasurer- $115.00; Neve's Uniforms-$754.88; Newman Traffic Signs-$76.98; Office Of Child Support- $195.69; Pennington Co Jail-$1,100.30; Phillips Petroleum Co-$266.66; Pronto Auto Supply- $18.40; Qwest-$1,386.02; RC Finance Office-$1,645.00; RC Journal-$180.00; Radio Shack/Kazco-$225.93; Radiology Associates-$96.95; Raubach,Frederick-$17.28; Reindl,Staci- $984.93; Reliable-$341.46; Rocket Lube-$159.42; SD Human Services Center-$99.00; SD Sheriff's Association-$65.00; Sd Ltap/Sdsu-$70.00; Sdrs Supplemental Retirement-$736.50; Secretary Of State-$25.00; Servall Towel & Linen-$293.80; Shell Fleet Management-$44.80; Spearfish Auto Supply-$670.64; Spearfish Electric & Heating-$30.00; Spearfish Police Dept- $63.63; Stahl,Mike-$314.49; Stretch's Glass & Mirror-$481.45; Subway-$36.80; Tellinghuisen & Gordon-$8.00; The Mercantile-$158.35; Tigerdirect-$959.96; Turning Technologies-$475.00; Twin City Hardware & Lumber-$235.43; Verizon Wireless-$275.13; Victims Of Violence- $1,135.00; Walmart Store-$485.65; Waste Connections-$188.49; Wells Fargo Business Card- $336.89; Western Sd Juvenile Serv-$3,800.00; White's Queen City Motors-$413.22; Yankton Co Sheriff-$25.00; Witness & Jurors: Beusch,G-$61.10; Beyl,J-$50.74; Dahlgren,J-$64.80; Hanson,M-$67.02; Kapsa,C-$61.10; Lower,M-$61.10; Schettler,T-$61.10; Bartlett,M-$31.10; Campbell,B-$51.08; Adams,J-$20.00; Champagne,C-$20.00; Rame,G-$31.10; Lefler,A-$20.00; Patton,J-$20.00; Sherrard,J-$29.62;

ADJOURN: 10:15 a.m. there being no further business it was Moved-Seconded (Ewing- Thompson) to adjourn. Motion Carried.

______Date Approved

______Terry W. Weisenberg, Chairperson ATTEST:

______Connie Atkinson, Auditor LAWRENCE COUNTY COMMISSIONERS MEETING – December 9, 2008

Terry W. Weisenberg called the regular meeting of the Lawrence County Commissioners to order at 8:00 a.m. on December 9, 2008 in the Administrative Annex Building of the Lawrence County Courthouse located at 90 Sherman Street, Deadwood, SD with Commissioners, Connie H. Douglas, Bob Ewing, James J. Seward, and Tommy Thompson present.

All motions were passed by unanimous vote, by all members present, unless stated otherwise.

AGENDA: Moved-Seconded (Ewing-Thompson) to approve the agenda as amended. Motion Carried.

MINUTES: Moved-Seconded (Seward-Thompson) to approve the minutes of November 25, 2008 County Commission meeting. Motion Carried.

PERSONNEL: REGISTER OF DEEDS: Moved-Seconded (Ewing-Douglas) to approve Roxie Feterl as an Adm Secretary G3 at a base rate of $14.72 an hour, effective December 15 th , 2008. Motion Carried.

AG COMMITTEE APPOINTMENTS: Moved-Seconded (Douglas-Seward) to appoint Chris Miller and Tommy Thompson to the AG Committee for a three year term to expire December 2011. Motion Carried.

HEALTH INSURANCE PREMIUMS: The Board discussed alternatives for the increased health insurance premiums. Moved-Seconded (Douglas-Weisenberg) to grant an additional 1% cost of living increase to employees to aid in the 28% increased cost of health insurance. Aye- Douglas, Seward, Thompson and Ewing. Nay-Weisenberg,

AMBULANCE AGREEMENTS: Moved-Seconded (Ewing-Thompson) to approve and authorize the chairman to sign the ambulance agreements with Lead Deadwood Regional Hospital and Spearfish Emergency Ambulance Service for the year of 2009. Motion Carried.

2009 COMMUNITY HEALTH AGREEMENT: Moved-Seconded (Seward-Ewing) to approve and authorize the Chairman to sign the 2009 Contract for Community Health Services between Lawrence County and the SD Department of Health. Motion Carried.

SUPPLEMENTAL BUDGET HEARING: Moved-Seconded (Ewing-Seward) to set a supplemental budget hearing for December 30, 2008 at 8:10 a.m. for General Fund Mental Illness - $3,000.00. Motion Carried.

AUDITOR’S ACCOUNT WITH TREASURER REPORT: Moved-Seconded (Seward- Weisenberg) to accept the following report as read by the Auditor. Motion Carried. Auditor's Account with the County Treasurer: as of November 30, 2008 showed the following: Total amount of actual cash-$1,250.00; Total amount of Checks and drafts in Treasurer's possession not exceeding three days (check deposit in transit)-$59,257.47; Total amount of cash in transit in Treasurer's possession (cash deposit in transit)-$3,060.82; Petty Cash-$1,860.00; Total amount of deposits in bank include: CD's-$4,200,000; Savings $262,300.46, Money Market $522,230.05; Bank Balance-$6,947,936.54; Total $11,997,895.34.

CANCELED CHECK RESOLUTION #2008-38: Moved-Seconded (Douglas-Weisenberg) to approve and authorize the Chairman to sign the following Resolution #2008-38. Aye-Douglas, Thompson, and Weisenberg. Nay-Seward and Ewing. Motion Carried. LAWRENCE COUNTY RESOLUTION # 2008-38 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 one (1) year of the date upon which the check was issued, and WHEREAS, there are thirty three (33) checks totaling $660.02 that are outstanding, 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 and turn over to the State Treasurer. DATED this 9th day of December 2008. FOR THE BOARD: Terry W. Weisenberg, Chairperson. ATTEST: Connie Atkinson, Auditor

2009 LIQUOR LICENSE RENEWALS: A public hearing was held on the 2009 Liquor License Renewals. No public input was voiced and the hearing was closed. Moved-Seconded (Seward-Weisenberg) to renew the following liquor licenses for 2009. Motion Carried. Package Liquor - Off Sale License: Nemo 10 LLC, Lonny & Susan Smith (St.Onge Bar & Grill). Retail Or Retail And Sunday On-Sale License: Chophouse Inc., (Spearfish Chophouse & Whiskey Bar), Lead Country Club, Inc., Vezaro Inc., (Guadalajara Mexican Restaurant), Spearfish Canyon Resorts LLC, Dakota Resorts Management Group Inc., (Deer Mountain Ski Area), Black Hills Chairlift Co.Inc., (Dark Horse Saloon), Queen City VFW Post #5860, Tomahawk Lake Country Club, Boulder Canyon Country Club. Retail On-Sale Wine: Spearfish Canyon Resorts LLC, (Latchstring Village), Seven Down LLC, (Travis Lantis), Branding Iron Restaurant (Wendy Goldsmith), Cheyenne Crossing Store, LLC, Mystic Hills Cabins & Campground.

PUBLIC DEFENDER CONFLICT CONTRACT: Joe Kosel presented the Public Defender Conflict Contract for 2009. Moved-Seconded (Ewing-Thompson) to approve and authorize the Chairman to sign the Conflict Contract for 2009. Motion Carried.

PLANNING & ZONING:

VEHICLE PURCHASE: Moved-Seconded (Ewing-Seward) to approve the purchase from State Bid from Beck Motors for a 2009 Chevy Colorado 4X4 Crew Cab Pickup for the Planning and Zoning Office for $21,589.00. Motion Carried.

REVIEW CUP #172 / GREGG DITTMAN: A review of Conditional Use Permit #172 was held for Gregg Dittman for a second residence. Vogt provided background information on CUP #172. They currently have 12 acres. Discussion followed if a log residence would be allowed or if it would need to be a mobile home. The zoning ordinance allows for only temporary second residences. The Board stated an amendment to CUP#172 would need to be applied for.

ANNUAL REVIEW / CUP#205 / TINTON ENTERPRISES: An annual review on Conditional Use Permit #205 / Tinton Enterprises was held. The 2008 Annual Report was reviewed.

ANNUAL REVIEW / CUP#348 / M&M SANITATION: An annual review on Conditional Use Permit #348 for Mike Anderson / Sanitation & Excavation Business; Legal Description: TR G of HES 54 & TR 0165 SE1/4SE ¼, Sec 25, T4N, R3E.; Location: Brownsville, Purpose: Sanitation & Excavation Business. Zoning: PF & HSC was held. No complaints were filed. Moved-Seconded (Ewing-Seward) CUP #348 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.

ANNUAL REVIEW / CUP#316 MT. VIEW BAPTIST CHURCH : Moved-Seconded (Seward-Ewing) to cancel CUP#316 because the land has been annexed into the City of Spearfish. Motion Carried.

REVIEW / CUP#320 / ROO RANCH: Review of CUP#320 Roo Ranch was held. No complaints have been filed. Moved-Seconded (Douglas-Seward) CUP #320 was found to be in compliance and will be reviewed May 2010, or if complaints should arise, or at the desire of the Board to review. Motion Carried.

ANNUAL REVIEW / CUP#352 / WICKSTROM WINDMILL : An annual review on Conditional Use Permit #352 for David Wickstrom –Windmill; Legal Description: N 99’ Lot 2, NE1/4SE1/4, Sec 4, T6N, R2E; Location: Evans Lane, Spearfish; Purpose: Windmill; Zoning: SRD was held. Moved-Seconded (Ewing-Thompson) CUP #352 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.

APPLE SPRINGS BOND RELEASE: Apple Springs Letter of Credit Bond dated October 4, 2007 was reviewed. Moved-Seconded (Douglas-Seward) to release the Apple Springs Letter of Credit Bond. Motion Carried.

HIGHWAY 85 STUDY GROUP AREA EXPANSION: The Board discussed the Highway 85 Expansion Area and the Study Group will continue.

SEARCH & RESCUE TRUCK: The Board discussed the 1994 Emergency Responder truck. Moved-Seconded (Seward-Ewing) to declare the 1994 Truck surplus and donate to the City of Lead. Motion Carried. City of Lead agreed to donate the vehicle back to the County if they decide to surplus it within 5 years.

BILLS: Moved-Seconded (Ewing-Weisenberg) to approve payment of the following 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-$5,918.07; Aud-$6,841.20; Treas-$8,441.34; Comp-$5,442.01; States Atty- $11,137.16; Pub Def-$8,573.87; Gen Govt Bldg-$7,262.45; Equal-$13,548.185; Rod-$6,202.68; Vso-$1,086.23; Disp-$11,786.81; Sher-$35,027.82; Jail-$19,361.71; Emerg Mgnt-$3,193.21; E911-$1,519.80; Highway-$37,146.71; Air-$1,359.76; Mh Serv-$880.00; Ext-$1,299.20; Weed- $1,862.44; Pz-$3,843.36; Bills: American Family Life-$3,039.55; BH Federal Credit Union- $9,000.84; Credit Collections Bureau-$100.00; Deadwood Recreation Center-$157.00; Delta Dental Of South Dakota-$5,042.20; Dept Of The Treasury-$45,878.52; Hartford-Priority Accounts-$1,407.75; Johnson, Rodenbrug & Lauinger-$75.00; LC Treasurer-$50.00; Medica- $51,515.35; NH Family Ymca-$446.60; Office Of Child Support-$195.69; SD Retirement System-$49,135.11; Sdrs Supplemental Retirement-$736.50; Agena,T-$14.82; Frerichs,A- $150.90; Mowell,R-$7,872.00; Rombough,D-$110.89; Thomson,P-$18.00; A&B Business Equip-$1,230.33; A&B Welding Supply-$129.41; A&J Supply-$381.68; Abc Business Supply- $983.29; Accurint Account-$75.00; Active Data Systems-$3,095.00; Ainsworth Benning- $21,208.00; Amcon Distributing-$216.15; Anderson Oil Co-$51.33; Apco Institute-$621.00; BH Chemical Company-$1,609.30; BH Medical Ctr Pharmacy-$15.47; BH Pest Control-$95.00; BH Pioneer-$108.00; BH Power & Light-$874.39; BH Regional Multiple-$100.00; Best Business Prod-$58.60; Best Western Ramkota Hotel-$239.97; Black Hills Auto Parts-$27.47; Bob Barker Company-$373.36; Butte County Sheriff-$13.44; Butte Electric Coop-$532.94; Central Parts- $12,989.81; Chain Saw Center/Dakota Equip-$68.11; Champlain Planning Press-$88.00; Community Health Services-$20.00; Conoco-$458.10; Cooperative Extension Service-$149.42; Crawford Supply Company-$308.28; Deadwood,City Of-$564.41; Dietrich,Donna-$209.09; Ensignal-$63.98; Et Sports-$13,477.00; Executone Of The BH-$1,030.60; Fastenal-$926.26; Fish,Veronica-$79.60; Fleet Services-$289.20; Fsh Communications-$60.21; Heisler Hardware- $20.95; Hewlett-Packard Company-$3,054.00; Hillside Disposal Service-$75.00; Hosmer,David M Law Office-$134.58; Huron Culvert & Tank Co-$379.50; Integrity Ford-$165.30; Jacobs Precision Welding-$98.40; Jacobsen Ford-$272.00; Juneks' Chrysler/Dodge-$81.62; Karpinen,Sharon-$315.00; Keefe Supply Company-$523.04; Kieffer,Tracy-$71.40; Kimball- Midwest Co-$384.12; Knology-$181.24; Koala Electric-$13,996.67; Kooistra,Nelva-$15.00; Kosel,Joseph-$4,166.67; LC Journal-$1,145.79; LC Sheriff-$187.26; Lead, City Of-$50.52; Lead-Deadwood Regional Hospital-$99.81; Lead-Deadwood Sanitary-$325.26; Lueders-$35.51; Mcclure,Susan-$90.00; Meade County Sheriff-$10.80; Montana-Dakota Util-$4,741.41; Morman Law Firm-$60.00; NJS Engineering-$3,512.70; Nelson,Christy-$270.00; Nelson,Tonya-$180.00; Neve's Uniforms-$199.00; New World Systems-$3,697.50; Northern Hills Dental-$310.00; Pennington Co Auditor-$53.00; Pennington County Sts Attny-$200.00; Postmaster, Spearfish-$323.89; Queen City Tire-$34.98; Quill Corp-$311.45; Qwest-$93.54; Rabe Elevator-$690.96; Rapid Delivery-$26.40; Rehfuss,Cathryn-$15.00; Reindl,Staci- $3,430.03; Reserve Account-$12,000.00; Rieker-$160.06; SD Aao-$275.00; SD Assn Of Co Comm-$40.00; SD Association Of County-$195.00; SD Dept Of Transportation-$3,726.68; SD Human Services Center-$105.00; SD State Treasurer-$1,994.50; Sanitation Products-$373.50; Sdsu Print Lab-$15.00; Sdsu Revolving-$504.00; Servall Towel & Linen-$519.23; Seward & Odenbach-$227.60; Southside Oil Co-$119.96; Southside Service-$20.00; Spearfish Auto Supply-$314.66; Spearfish Extinguisher Service-$16.00; Spearfish Police Dept-$3,744.04; State Bar Of South Dakota-$2,980.00; Stretch's Glass & Mirror-$59.99; Superior Sanitation-$250.00; Tellinghuisen & Gordon-$351.78; The Hartford Steam Boiler-$200.00; The Mercantile-$78.02; Tigerdirect-$2,757.78; Triple K Tire & Repair-$734.48; Turner County Sheriff Office-$13.44; Twin City Hardware & Lumber-$302.07; U S Geological Survey-Doi-$15,000.00; Versatile Carpets & Inter-$989.98; Waste Connections-$470.32; Watertree-$50.50; West Group-$500.00; Western Communication-$19,444.90; Western Sd Juvenile Serv-$6,400.00; Yankton Co Sheriff- $25.00; Yankton County-$101.25; Ziggy's Building Center-$32.90; Witness & Jurors: Lundin,M-$29.62; Paisley,J-$34.06; Anderson,T-$31.84; Ferris,W-$50.74; Gregory,J-$50.74; Langer,M-$61.84; Larson,B-$66.28; Lemke,J-$62.58; Peters,P-$63.32; Pummel,C-$62.58; Schafer,B-$62.58; Riedy,T-$97.70; Anderson,R-$31.84; Clifford,N-$22.96; Cynor,R-$57.00; Lafferty,B-$31.84; O'bryan,J-$31.10; Smith,S-$29.62; Solon,D-$22.22; Zenor,J-$21.85

ADJOURN: 10:31 a.m. there being no further business it was Moved-Seconded (Thompson- Weisenberg) to adjourn. Motion Carried.

______Date Approved

______Terry W. Weisenberg, Chairperson ATTEST:

______Connie Atkinson, Auditor LAWRENCE COUNTY COMMISSIONERS MEETING – December 30, 2008

Terry W. Weisenberg called the regular meeting of the Lawrence County Commissioners to order at 8:00 a.m. on December 30, 2008 in the Administrative Annex Building of the Lawrence County Courthouse located at 90 Sherman Street, Deadwood, SD with Commissioners, Connie H. Douglas, Bob Ewing, James J. Seward, and Tommy Thompson present.

All motions were passed by unanimous vote, by all members present, unless stated otherwise.

AGENDA: Moved-Seconded (Thompson-Weisenberg) to approve the agenda as amended. Motion Carried.

MINUTES: Moved-Seconded (Seward-Douglas) to approve the minutes of December 9, 2008 County Commission meeting. Motion Carried.

PERSONNEL: EQUALIZATION: Moved-Seconded (Ewing-Weisenberg) to approve Scott Sandvig as an Equalization 1 st Deputy G3 at a base rate of $20.18 an hour, effective 1-4-2009. Motion Carried.

Moved-Seconded (Ewing-Weisenberg) to approve Carmen Symonds as an Appraiser 4 G1 at a base rate of $17.33 an hour, effective 1-4-2009. Motion Carried.

PUBLIC DEFENDER: Moved-Seconded (Ewing-Weisenberg) to approve Jamie Turnbow as a Public Defender Legal Assistant G3 at a base rate of $18.44 an hour, effective 1-4-2009 . Motion Carried.

STATES ATTORNEY AND PUBLIC DEFENDER ATTORNEY SCALE: Moved- Seconded (Douglas-Ewing) to make the following classification appointments to the States Attorney and Public Defender Attorney Scale: John Fitzgerald – States Attorney G10, Amber Lopez – Chief Deputy SA G7, Brenda Yapp Deputy SA G3, Eric Whitcher – Public Defender G3, Matt Pike – Chief Deputy PD G3, Bernie Schuchmann – Deputy PD G1, all effective January 4, 2009. Motion Carried.

SANFORD LAB UPDATE: Bill Harlan from Sanford Underground Laboratory at Homestake, was present and updated the Board on the progress. Water level is currently at 4670 feet and sand filters are being used to remove iron from the water. Projected dates to reach the 4850 are between March and July. NSF will be conducting an annual review of the lab in January for 3 days.

SUPPLEMENTAL BUDGET HEARING: A supplemental budget hearing was held for Mental Illness Budget - $3,000. No public input was voiced and the hearing was closed. Moved- Seconded (Douglas-Ewing) to approve and authorize the Chairman to sign the following Resolution #2008-39 for a supplemental budget. Motion Carried. RESOLUTION #08-39 TO ADOPT A SUPPLEMENTAL BUDGET: WHEREAS, the County Budget for Lawrence County, South Dakota, for the fiscal year 2008, 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 2008, and that in said budget there will be and is hereby appropriated the following sum of money, to-wit: GENERAL FUND: Mental Illness Salary $3,000. 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 30 th day of December, 2008 at the hour of 8:10 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 30 th day of December, 2008. FOR THE BOARD OF COUNTY COMMISSIONERS: TERRY W. WEISENBERG, Chairperson. ATTEST: CONNIE ATKINSON LAWRENCE COUNTY AUDITOR.

FUEL QUOTES: The following fuel quotes were submitted as of December 17, 2008: Deadwood Diesel 4226 Gallons: (prices per gallon) Cenex Oil Co. 1.68422*, Deadwood Unleaded 2960 Gallons: (prices per gallon) Cenex Oil Co. 1.265*, Spearfish Diesel 3583 Gallons: (prices per gallon) Cenex Oil Co. 1.68422*, Spearfish Unleaded 550 Gallons: (prices per gallon) Cenex Oil Co. 1.265*, Whitewood Diesel 700 Gallons: (prices per gallon) Cenex Oil Co. 1.68422*. No bids were received from Southside Oil, Rollin Oil, and M.G. Oil Co. (*represents lowest quote).

ABATEMENTS: BP: Moved-Seconded (Seward-Thompson) to approve the abatement on parcel 32570-04200- 020-00 for BP because of Disabled Veterans Exemption. Motion Carried.

JORDAN KJERSTAD: Moved-Seconded (Douglas-Seward) to approve the abatement on a 1974 Guerdon Mobile Home on VIN/1197 because the mobile home was moved to Butte County. Motion Carried.

ANDRE AGER: Moved-Seconded (Ewing-Seward) to approve the abatement on parcel #59708 because Ager was taxed 3 times for the same mobile home. Motion Carried.

HIGHWAY BUSINESS:

UTILITY PERMITS: MONTANA DAKOTA UTILITIES: Moved-Seconded (Ewing-Seward) to approve and authorize the Chairman to sign the Utility Permit for Montana Dakota Utilities on Kirk Road Crossing. Motion Carried.

WARD SUBDIVISION / BOND RELEASE: The Ward Subdivision Bond was reviewed. Dick Birk stated he recommended releasing the bond. Moved-Seconded (Seward-Thompson) to release the Ward Subdivision Bond. Motion Carried.

MAITLAND ROAD WATERLINE PROJECT / BOND RELEASE: The Maitland Road Waterline Project – Maitland Partners Letter of Credit Bond was reviewed. Dick Birk recommended releasing the bond. Moved-Seconded (Seward-Thompson) to release the Maitland Partners Letter of Credit Bond. Motion Carried.

RECESS: 8:45 a.m. Moved-Seconded (Seward-Ewing) to recess the County Commission Meeting. Motion Carried. 9:00 a.m. The Chairman called the meeting back to order.

SHERIFF VEHICLE BID OPENING: The following bids were received for three sheriff vehicles: Integrity Ford – Spearfish: $34,900 Ford Explorer, $29,900 Ford Pickup; Beck Motors – Pierre: $28,299 Chevrolet Tahoe, $24,344 Chevy Pickup. Moved-Seconded (Thompson-Weisenberg) to accept the bids from Integrity Ford for the Ford Pickup and from Beck Motors for the Chevy Tahoe. Motion Carried. The Chevrolet Pickup from Beck Motors did not meet bid specs; and one bid received was rejected and not opened because it was not a sealed bid.

PLANNING & ZONING:

ORDINANCE #08-06 WIND ENERGY SYSTEMS: First reading and a public hearing was held for Ordinance #08-06 Regulations for Wind Energy Systems. Vogt presented background on the proposed Ordinance and reviewed the comments received. Setbacks were discussed and were a major concern. Zoning and the prohibition of any WES on Suburban Residential were also noted.

Mark Holstein, Gen Pro Energy, was present and expressed concerns on the classifications. Power produced and not tower height is normally how they are defined in the industry. Holstein also expressed concerns on the regulation that would prohibit any tower in Suburban residential zoning district and the setback requirements. Holstein stated an Ordinance on WES is positive but some of the regulations are very restrictive.

Phil Bangs, Gen Pro Energy, formally requested that the classification of tower height be changed to KW, and that the prohibition in Suburban Residential be allowed under 50 feet, and requested that the section of uniformity on design be changed. Weisenberg asked that they put their request in writing.

Jeremy Anderson asked that small towers be allowed in SRD zoning district and that the acres be changed from 5 acres to one acre, and no setbacks on smaller towers if they meet specs. Anderson also expressed concerns on other setbacks. Seward requested he put the request in writing. Second reading will be on January 6, 2009.

CONDITIONAL USE PERMIT #370 / WARREN NEWTON – WINDMILL: A public hearing was held on CUP # 370- Warren Newton JR. for a wind energy systems, legal description: N1/2 NE1/4 and S1/2 NE1/4 (160 acres), section 16, T7N, R1E, (legal shortened), location: north of I-90 exit 2, purpose: single WES for personal use, zoning: A-1. No public input was voiced and the hearing was closed. Moved-Seconded (Seward-Ewing) to follow the recommendation of approval contained in the Planning and Zoning staff report for the reasons set forth therein and approve Conditional Use Permit #370 for Warren Newton. Motion Carried.

CONDITIONAL USE PERMIT #371 / ALLTEL WIRELESS: A public hearing was held for CUP # 371- Alltel Wireless, owner/representative: Andy Heitman/Ralph Wyngarden – Faulk & Foster Rep., legal description: W1/2 NW1/4 lot 12A-1 and 12-A-2 (each 4.96 acres) Naomi Subdivision, section 15, T5N, R4E, (legal shortened) location: Boulder Canyon north of Hwy 14a and west of Alice subdivision, purpose: cell phone tower, zoning: PF. No public input was voiced and the hearing was closed. Moved-Seconded (Seward-Weisenberg) to follow the recommendation of approval contained in the Planning and Zoning staff report for the reasons set forth therein and approve Conditional Use Permit #371 for Alltel Wireless. Motion Carried.

CONDITIONAL USE PERMIT #372 / GENE DECK : A public hearing was held for -CUP # 372 – Gene Deck, Legal Description: Lot 1, High Pines Subdivision, Section 22, T3N, R4E., Location: Off Benchmark Road, Purpose: Antenna tower for amateur radio service, Zoning: PF. Gene Deck spoke on behalf of the project. The public hearing was closed. Moved-Seconded (Ewing-Thompson) to follow the recommendation of approval contained in the Planning and Zoning staff report for the reasons set forth therein and approve Conditional Use Permit #372 for Gene Deck. Motion Carried.

RECESS: 10:55 a.m. Moved-Seconded (Ewing-Weisenberg) to recess the County Commission Meeting. Motion Carried. 1:00 p.m. The Chairman called the meeting back to order.

CONDITIONAL USE PERMIT #369 / TWO TONE CATTLE CO.: A public hearing was held on CUP # 369-Two Tone Cattle Company for a commercial feedlot, Legal Description: Lots 1, 2, 3, 4, 6, 7, 16 & 17, sub of NE1/4, Sec 20. T7N, R2E, and N1/2 of Lot 1, sub of N1/2 SE1/4 Sec 20, T7N, R2E., Location: Old Belle Road, Purpose: Commercial Feedlot, Zoning: A- 1. Amber Vogt presented background information on the request for conditional use permit and reviewed the Staff Report recommending denial (on file in the Planning and Zoning Office).

Dan Driscoll, USGS in Rapid City referred to the “Sensitivity of Ground Water to Contamination in Lawrence County, South Dakota” report that was conducted in 2000 by USGS. Driscoll showed a map that documents the sensitive areas of the different aquifers. The feed lot is located in one of the more sensitive areas to ground water.

Harvey Krautschun reviewed the request for the Two Tone Cattle Company. He stated they started well over a year ago with the State to secure the permits needed for a concentrated animal feeding operation. He thanked the Board for the hearing and expressed concerns that they received the staff report recommending denial and conditions before a hearing was ever held. Krautschun stated they are looking at the geology and are making sure things are done right and they are protected. They have made a concentrated effort to work with department’s state wide that regulates this type of operation.

Krautschun stated they are trying to deal with the water issues in a scientific way. He questioned the accuracy of the road figures. He stated they want to hold the Lockens harmless and don’t want to have an adverse affect on their property values and want to make them whole. Krautschun stated they use the wells in the area and have personal concerns also. He stated they are trying to do the right thing with neighboring property owners and property values to make them whole. They are working on a management plan for flies. Krautschun stated he feels everyone can co-exist and can find a balance between Agriculture, City, and different lifestyles. He reviewed lots sold since 2004 and what is currently available in Lawrence County.

Ken Barker, Attorney for Two Tone Cattle Company, questioned the fair process and gave history of the property. Barker discussed the “right to farm legislations” and “value added agriculture” and read SDCL. He stated the City of Spearfish has commented they want this area for future development. Barker stated the Lawrence County Comprehensive Plan in 1998 and 2005 states it supports continued use for Ag. Barker stated the rules were set out long before the process was ever started. Barker stated the water discharge has to meet Federal law, DENR and EPA regulations. Barker stated they have designed a plan that goes above and beyond the requirements. Barker reviewed some of the plan details of water discharge, pest control, death loss and disposal, odor, and manure management. Barker stated they have met with the Locken’s and offered a hold harmless agreement of any loss of value with a fair appraisal in order to buy them out if needed or make up the difference. He stated they are offering to make the County whole with the loss of value if needed. Barker stated this is an AG area. According to Dr. Nickolie of SDSU, if you are located more than ¼ mile away, and if there is more than a 2 mile an hour wind, you should not smell anything from the operation. Barker stated the prevailing winds are from the N/NW. Barker questioned the impacts on the roads and the costs for improvements to the roads. Truck traffic, load and weight restrictions were also commented on.

Harvey Keene spoke in support of the project and stated the economic health of the area is important. Keene stated growth, balance and diversification allows you to survive in economic down turns. Eric Jennings, Ag Committee, stated AG is still a very important aspect in the County. Jennings stated the Ag Committee recommends to delay the decision on Two Tone Cattle’s CUP until a Lawrence County CAFO Zoning Ordinance is adopted. Dianne Miller urged the Board to consider a needed balanced culture in the County. Clint Ridley spoke in support of the operation and stated Two Tone is going above and beyond to meet and exceed the requirements and this will generate jobs and new money. Rob Eddy spoke in support as it gives their farm a place to market their crops and hoped expansion on the Old Belle Road could be halted for at least one more generation and leave it as a buffer between the City of Spearfish and this operation.

Bart Krautschun stated this is an AG zoned area and a feed lot is allowed. He referred to the soil ratings and studies conducted on air and water quality. He stated as a property owner it is his right to develop their own land according to state and federal regulations and wants to work with the County. He also discussed waste management and fertilizer.

Alan Locken gave history on the purchase of his property and stated they do smell the current feed lot and have been impacted from the current feed lot and the impacts continue to increase. Locken stated a feed lot is different from ranching and expressed concern that they were not notified when they submitted a change to the current feed lot operation. Locken stated even the Krautschun’s best efforts can not erase the problems of fly management, traffic, safety, water contamination issues, rodent population, odor and dust concerns. Marla Locken stated they have not been offered any money for their property at this time. She presented a picture of the flies at their property and stated she is concerned that you can’t take away the affects of the feed lot. Lucille Cudmore questioned if this is Ag and stated this is a commercial operation and can not support it. Layton Lensegrav stated he is not against Ag and not against feed lots, but this is not a good location for a feed lot and a current appraisal shows a detriment to property values. Jim Jennings stated this is commercial enterprise and is different from AG and is very concerned about water contamination. Jennings stated he has submitted letters of concerns to the DENR and the County Commission. Dan Vapland, Serenity Corner Assisted Living Center, expressed concerns of odor as they can smell the operation currently and they are ½ mile away. Water contamination, air quality, traffic, and the impacts on the residents of Serenity Corner were a major concern. Vapland stated the feed lot could impact his business resulting in loss of jobs and residents. Vapland stated the burden of proof should be on the applicants.

Terry Wolterstorf, City of Belle Fourche City Engineer, expressed concerns for Belle Fourche drinking water system. Wolterstorf stated they have not received any response from the State DENR assuring them that their water supply will not be affected.

Chairman Weisenberg closed the public hearing. Douglas stated this process does not have to be confrontational and everyone needs to work together. Douglas questioned why the applicants have not contacted the Highway Department, or tried to work with Planning and Zoning on the proposed conditions. Douglas stated they have not received information from them as they requested. Douglas stated this is a commercial operation and the applicants have not done their do diligence and cooperated with the County. Barker stated they received the recommendation of denial before they received the conditions. Vogt stated the staff report and proposed conditions are based on the comprehensive plan and ordinances and it is only a staff report. Vogt stated this is the same process followed for all conditional use permits.

Ewing expressed concerns on the water tables and contamination, and stated they need assurance that the water supply will not be affected. He was concerned about waste water reaching the water tables. Ewing stated they still have not received information from the applicants as requested. Ewing stated this is a commercial operation and not Ag. Ewing stated he is a supporter of AG but this is concentrated and the location is not suitable for this type of operation. Seward stated this is a very sensitive area for ground water. Seward stated he takes issue that they started the application process at the State level. Seward stated this is where the people live, the DENR or EPA do not live here, it is where the people of Lawrence County live and it is the Commissions job to maintain and uphold the health, safety and welfare of the local people.

Thompson asked Brosz Engineering Inc. how many feed lots they have designed. Brosz Engineering stated they have designed several in South Dakota and North Dakota, and named the St. Onge Lagoon. Thompson stated that is not a feed lot. Thompson questioned the liners in the holding pond and the piping of waste. He also questioned the number of employees for Two Tone Cattle Company. Thompson asked Barker what the liability is to Lawrence County and the Krautschun’s if the conditional use permit is approved and the water supply is contaminated. Barker stated it would be the Krautschun’s liability not the County’s. He stated they have designed a system to detect through monitoring wells if there is any pollution. He stated the best protection is to not let it occur to begin with. Douglas asked if changes made to original application have been sent to the state or the County. Barker stated they do not have any new engineer documents but the new map will be given to the County.

Thompson stated he would like the decision tabled to allow time to develop ordinances on feed lots and didn’t feel this application for conditional use permit can be approved until the rules are in place. Discussion followed that more time is needed to allow the applicant to provide additional documentation and to work with the County Offices. Moved-Seconded (Thompson- Ewing) to table the decision. Motion Carried. Aye-Thompson, Ewing, Douglas and Weisenberg. Nay-Seward. The issue will be discussed in February 2009. Harvey Krautschun stated they would waive the 45 day period for a decision.

BILLS: Moved-Seconded (Ewing-Thompson) to approve payment of the following 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-$11,876.14; Aud-$13,792.82; Treas-$16,975.76; Comp-$10,886.43; States Atty- $22,520.24; Pub Def-$17,147.74; Gen Govt Bldg-$14,100.60; Equal-$27,256.06; Rod- $12,417.22; Vso-$2,172.46; Disp-$22,280.97; Sher-$65,317.03; Jail-$41,974.03; Coroner- $474.00; Emerg Mgnt-$6,383.42; E911-$3,036.60; Highway-$72,362.08; Air-$1,971.72; Mh Serv-$160.00; Ext-$2,697.40; Weed-$3,498.88; Pz-$8,166.72; Bills: Boyer,Jerry-$175.01; Brady,Thomas-$71.04; Clarke,Neil-$133.20; Coburn,William-$82.88; Deweese,Rodney- $122.10; Frerichs,Amy-$117.70; Golay,Robert-$88.80; Gullickson,Scott-$99.90; Lantis,Travis- $122.10; Locken,William-$456.58; Mattson,Barbara-$25.90; Mickelson,Craig-$71.04; Millard,Robin-$309.04; Popowski,John-$12.58; Rahja,Robert-$153.18; Rombough,Debra- $27.75; Seward,James-$133.20; Sophusson,Marvin-$92.50; Thompson,Thomas-$79.92; Tysdal,Richard-$71.04; Watson, Donna-$47.36; A&B Business Equip-$6,778.59; A&J Supply- $39.84; A&M Transport-$200.00; Abc Business Supply-$1,549.90; Air Connection-$63.60; Alco Store-$14.57; Alltel-$1,623.12; Amcon Distributing-$699.96; American Family Life- $3,317.22; Applied Concepts-$15,546.00; Armstrong Extinguish-$1,389.00; At&T-$63.98; BH Chemical Company-$722.52; BH Connections-$396.43; BH Federal Credit Union-$18,001.68; BH Pioneer-$1,691.47; BH Power & Light-$7,436.63; BH Window Cleaning-$2,630.00; BH Windshield Repair-$400.00; Best Business Prod-$20.80; Best Western Hickock House-$299.65; Big Sky Communications-$939.00; Binger Law Office-$1,752.00; Black Hills Pure-$11.50; Brady Pluimer-$4,980.26; Brown & Saenger-$86.57; Bureau Of Land Management-$16.50; Butler Machinery-$3.90; Care Trak International-$552.00; Carol Butzman Consluting-$214.42; Cdw Government-$341.43; Central Parts-$1,066.14; Century Business Products-$7,028.00; Chain Saw Center/Dakota Equip-$77.89; Chemical Sanitizing Sys-$114.66; Crescent Sales- $789.12; Chris Supply Co-$5.68; Christensen Law Office-$2,860.50; Clinical Lab Of B.H- $4,970.64; Conrad's Big "C" Signs-$45.41; Credit Collections Bureau-$200.00; Dakota Graphics-$984.00; Deadwood Home Center-$41.01; Deadwood Recreation Center-$157.00; Delta Dental Of South Dakota-$5,437.98; Dept Of The Treasury-$88,257.92; Division Of Motor Veh-$31.00; Eagle Aviation-$34.96; Engaging Science-$155.00; Et Sports-$800.00; Executone Of The BH-$2,470.00; Extension Service-$71.40; Farmers Union Oil Co-$19,125.53; Fastenal- $215.73; First Western Bank-$1,897.40; First Western Ins Deadwood-$50.00; Fish,Veronica- $61.20; Greens Alignment-$585.96; Grimm's Pump Service-$5,750.53; Hamann,Chris-$90.00; Hartford-Priority Accounts-$1,463.80; Heartland Paper Co-$732.79; Heisler Hardware-$258.26; Helleau Property Management-$340.00; Hero 247-$380.50; Hewlett-Packard Company- $5,683.00; Hickok's Iron Horse Inn-$229.85; High Plains Business Forms-$927.18; Hills Material Comp-$48,146.41; Hobart Sales & Service-$220.84; Hsbc Business Solutions-$164.32; Iga-$16.66; Integrity Ford-$62.40; International Code Council-$100.00; Jacobs Precision Welding-$393.80; Jenner Equipment Co-$285.57; Johnson, Rodenbrug & Lauinger-$150.00; K Mart-$1,630.19; Kadrmas, Lee And Jackson-$47,963.39; Karas Technical Services-$4,000.00; Kieffer,Tracy-$38.00; Knology-$1,839.32; Kosel,Joseph-$2,822.78; LC Assessor-$13.50; LC Journal-$620.27; LC Sheriff-$32.80; LC Treasurer-$100.00; Language Line Services-$79.94; Lar-Jo's-$1,082.84; Lead Volunteer Fire Dept-$384.00; Lead-Deadwood Regional-$111.78; Lead-Deadwood Regional Hospital-$1,563.55; Lee,James-$15.00; Lewis & Clark Bhs-$142.00; Lyle Signs-$1,291.95; Macks Auto Body-$4,092.72; Mcarthur,Janet-$45.00; Mcfarling, Bill- $84.67; Mcgas Propane-$981.75; Mci A Verizon Company-$11.64; Mcleod's Office Supply- $846.90; Meade Co Auditor-$1,100.00; Meade County Sheriff-$26.00; Medica-$60,704.06; Montana-Dakota Util-$7,569.41; NH Family Ymca-$413.60; Nasppg-$2,718.30; National Sheriff's Assoc-$100.00; Neve's Uniforms-$3,778.17; New World Systems-$22,400.00; Newman Traffic Signs-$480.51; Niesent,Ron-$29.60; Occupational Health Network-$442.05; Odea,Marty-$82.88; Office Depot-$138.31; Office Of Child Support-$391.38; Office Technology/Supply-$121.84; Paradeis,Donald-$200.00; Pearman,Amy-$45.00; Pennington Co Jail-$1,938.55; Pennington County Sts Attny-$400.00; Pitney Bowes-$1,197.00; Pizza Hut- $435.00; Portable Computer Systems-$32,664.00; Quill Corp-$4,181.13; Qwest-$320.68; RC Finance Office-$980.00; RC Medical Center-$53.50; RC Regional Hospital-$4,316.54; Radio Shack/Kazco-$19.98; Real Estate Rental Center-$375.00; Regional Behavioral Health Ctr- $325.75; Reindl,Staci-$5,247.57; Reliable-$550.31; Rocket Lube-$71.51; SD Dept Of Transportation-$13,407.86; SD Federal Property Agency-$5.00; SD Retirement System- $48,442.41; Sand Creek Printing-$135.00; Schuchmann,B-$74.51; Sdrs Supplemental Retirement-$1,473.00; Secretary Of State-$25.00; Servall Towel & Linen-$435.85; Shell Fleet Management-$192.47; Silverado-$1,085.43; Sleep,Richard-$55.50; Slowey,Yavonne-$75.00; Spearfish Auto Supply-$2,525.44; Spearfish Fire Dept-$3,771.91; Spearfish Police Dept-$29.34; Stadler Ind Service-$1,093.00; Superior Sanitation-$165.00; T & W Appliance/Knothole- $347.41; Tdg Communications-$165.90; Thies & Talle Management-$347.00; Tigerdirect- $4,479.20; Triple K Tire & Repair-$41.75; Turner County Sheriff Office-$11.72; Twin City Hardware & Lumber-$625.48; Union County Sher Office-$56.20; United Parcel Service-$18.10; Verizon Wireless-$98.90; Victims Of Violence-$600.00; Walmart Store-$1,499.91; Wells Fargo Business Card-$1,070.13; West Group-$679.32; West River International-$412.54; Westcoast Sales & Marketing-$835.62; Western Communication-$3,058.50; White Drug-$1,639.13; Xerox Corporation-$56.88; Yankton Medical Clinic-$203.74; Ziegler,D-$125.00; Ziggy's Building Center-$42.49; Witness & Jurors: Mckee,A-$15.92; Beusch,G-$61.10; Krogstad,C-$32.95; Beyl,J-$50.74; Dahlgren,J-$129.60; Ferris,W-$50.74; Gregory,J-$50.74; Hanson,M-$67.02; Kapsa,C-$61.10; Langer,M-$61.84; Larson,B-$66.28; Larson,T-$52.22; Lower,M-$122.20; Nelson,R-$51.48; Pummel,C-$62.58; Selby,L-$62.58; Afdahl,E-$22.58; Agan,S-$15.18; Barrett,M-$52.22; Berry, E-$22.58; Bondeson,B-$62.58; Cermak,A-$64.80; Dahl,E-$21.10; Essink,S-$24.80; Gustafson,D-$51.48; Hoglo,W-$23.32; Holstein,J-$61.10; Keehn,M-$12.22; Kloppel,J-$21.84; Kratz,C-$52.22; Percevich,D-$12.22; Rausis,R-$50.74; Rawlings,J-$68.50; Schwartz,J-$14.44; Stadel,M-$70.72; Thompson,C-$27.02; Tippey-Swanson,B-$21.84; Ullrich,B-$63.32; Vincent,D-$29.98; Wegner,P-$32.20; Baldwin,J-$61.10; Blackcrow,M- $52.22; Brown,L-$21.10; Cichosz,J-$18.88; Dittus,A-$22.58; Garry,K-$10.74; Jeffery,J-$21.10; Keehn,T-$12.22; Keene,T-$14.44; Lawver,S-$21.10; Lindstrom,D-$61.84; Mcgrath,R-$19.62; Neuhauser,S-$24.80; Pahl,J-$13.70; Quaschnick,B-$59.62; Sandau,A-$61.10; Schroeder,L- $63.32; Snow,C-$52.22; Geffre,J-$12.22; Brouillard,K-$54.44; Odell,C-$58.14; Westberg,J- $18.88; Bockwoldt,D-$64.80; Chandler,C-$64.80; Duckett,S-$12.22; Fanning,R-$61.84; Hudson,S-$61.10; Novotny,R-$10.74; Wilder,C-$50.74; Ardis,S-$57.00; Dobbin,P-$20.00; Tyler,C-$20.00; Hendreson,D-$20.00; Whipple,T-$20.00; Luton,S-$20.00; Glodt,G-$20.00; Rivale,D-$20.00; Cochrun,J-$30.36; Baustadt,R-$21.11; White,R-$21.10

ADJOURN: 3:05 p.m. there being no further business it was Moved-Seconded (Thompson- Douglas) to adjourn. Motion Carried.

______Date Approved

______Chairperson ATTEST:

______Connie Atkinson, Auditor LAWRENCE COUNTY BOARD OF ADJUSTMENT MEETING–December 30, 2008

Chairperson Terry W. Weisenberg called the Lawrence County Board of Adjustment meeting to order at 8:45 a.m. on December 30, 2008 in the Administrative Annex Building of the Lawrence County Courthouse located at 90 Sherman Street, Deadwood, SD with Commissioners Bob Ewing, James J. Seward, Connie Douglas, and Tommy Thompson present.

All motions were passed by unanimous vote, by all members present, unless stated otherwise.

VARIANCE #121 / KAESER: A public hearing was held on an application for Variance #121 for Robert Kaeser - for a 6’ front and a 17’ Side Variance to the 25’ setback located on Two Bit Springs Loop. Staff Report Recommended approval but the Planning and Zoning Board recommended denial. Tom Hildebranden, contractor, spoke on behalf of the request. Due to the septic system location and natural drainage on the lot the house needed to be pushed forward on the lot. The public hearing was closed. Moved-Seconded (Douglas-Seward) to follow the recommendation of approval contained in the Planning and Zoning staff report for the reasons set forth therein and approve Variance #121 for Robert Kaeser. Motion Carried. Aye-Douglas, Seward, Thompson and Weisenberg. Nay-Ewing

ADJOURN: 8:58 a.m. There being no further business it was Moved-Seconded (Thompson- Seward) to adjourn. Motion Carried. ______Date Approved

______Chairperson ATTEST:

______Connie Atkinson, Auditor