County Commissioner & Board of Adjustment - Regular Meeting

This conference will now be recorded.

appreciate. Okay, I'll call meeting order. Everyone, please join us in the pledge of allegiance. I aliance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. All right, welcome everyone here today. We don't have anyone online as of yet, but we have our new policy that I need to read and it's guidelines for online meeting participants. And there are six points. The first one is please identify yourself whether you plan to speak or not. You should identify yourself in the attendee pain using your real first and last name, not initials. Please mute your microphone. You must mute the microphone when non-speaking. Uh the third point, speak only when recognized. You must speak only when recognized by the chair for purposes of taking meeting minutes. All persons addressing the board are required to identify themselves by using their first and last name and their full address each time they speak. And please use the raise hand button. It's easier to manage discussions when participants use the raise hand button. Use the raise hand button when you want to speak and wait for the chairman to recognize you and ask you to unmute. Turn your turn on your camera. You should use your camera. Cameras are especially important to facilitate visual communication and engagement. Recordings of meetings allowed. South Dakota codified law 1-25-11 requires that any person recording a meeting through audio or video technology must make that fact obvious. So, please do so in a reasonable manner and and do not be disrupted. All right. Our first order of business

will be to approve the agenda. Is there anything we need to change? I would suggest that you add during general business personnel uh an executive session pursuant to 1-25-2 subsection one uh regarding personnel and potentially a needs hire. Okay. Motion to approve the agenda as amended. Second there's a motion by Tzdale second Jennings to approve the amended agenda. All those in favor of the motion say I. I. Opposed. Motion carry. Do we have any conflicts today? Seeing none. No.

Okay. We need approval of our regular meeting minutes and board of adjustment minutes from July 8. I'll move to approve the presented minutes. Second. July. Second. Okay. Motion by Jenny, second by Slee for approval. All those in favor of the motion will say I. Opposed. Motion carried. All righty. Bills. I've had my questions answered. Move to pay the bills. Second. Okay. Motion by second by Jennings to approval of the bills. All those in favor of the motion say I. Opposed. Motion carried.

Does it help when I say who made the motions or That's wonderful. Thank you. Yeah, I have two items. I have a new hire, states attorney's office, Andrea Hansen, um effective 721, and 25. She'll be a full-time permanent, a county employee, two, grade one, base pay at 2392. Motion to approve the state securityities office. Second request second. Motion by Tisdale, seconded by Flanigan for approval. All those in favor of the motion will say I.

I opposed. And then I also we got an email from the Nemo Fire Department. They have uh Mike said that needs to be added to the volunteer list for insurance purposes. We have the name. Second. Okay. Motion by sleeve, second by for approval. All those in favor of the motion will say I. I motion chairman session at this time. Okay. If someone be so kind to make a motion that we go into executive session second.

Okay. Any second mut? the microphone and turn the camera on. Should take long.

Turn on myself.

veteran services. Yeah, I got 22,000. Is that right? Is that wrong? Um there would be but for Jesse that same number that you just mentioned that would go into effect on January 1st. Okay. Yeah. So about half about 15 $1,500 I think $11,728.

Okay. We out of executive session and u made a decision to uh hire a new BSO officer. So at this time uh I make a motion that we offer the position to Kevin Bowen at 2831 per hour grade three and starting date would be August 25th 2025 second. Okay have a motion by Tel and seconded by Jennings. Any further discussion? See none. All those in favor of the motion say I. I opposed. Motion carried 25th is a Monday. Okay. Is that cleaning up all of our personnel, Brenda?

Yes, sir. Do we have any travel requests? No travel request. I have none. Okay. Abatements do chair. We must have one. Oh, I just came to say hi. You have nice to see you. Yeah. Thank you. Um, so Platinum Investments LLC approached me about abating their property. So I'm going to let her speak to this, but I'll just introduce. Um, so there's three parcels. They purchased them in 2022.

Um, and they, let's see, they want to have their property abated basically classified as egg. um for 23 payable and 24 24 payable and 25 and 25 payable and 26 and I have the values on here on the uh application for abatement that'll be the amount that will be abated for each year for each parcel and it has acres and um they do qualify for egg um they have receipts and the acreage so I'm going to let let her speak and you'd like to come forward and please introduce yourself.

Amber Horseman. My husband and I have Platinum Investments. Um Horman. H O R S T M A N. Your address?

Um our mailing address is 20136 Whitewood Valley Road. Whitewood. So, um, it's like the whole reason I think the paperwork's all messed up. Um, we were looking at this property and within a week or two afterwards, I was in a bad accident and then I was in a burn ICU for quite a while down in Denver. Um, during which he went ahead and finished buying it in October. Um, and then we got the letter. I think uh the letter says in January I was still even when I got back I was still in therapy for a really long time all day every day. So um and during that also Jesse his he'd had a heart has a heart condition and he ended up like the stress from mine ended up taking him down and so he had to go have heart surgery Mayo Clinic and come back somewhere in that time period. we needed to get the a tax put together and sent in. So, he had our bookkeeper help him with it. So, I wasn't able to find a copy of what

she sent in. So, what's your total? Um, that piece is two is 160. We have 280 um farther down or closer in on Whitewood Valley and then another almost 40 on Colorado Boulevard that all were tied together. And not sent in or

I think it was sent in, but I don't honestly know. She doesn't work for us anymore. She moved up farther into the hill, so I can't even be able to get a hold of her to find out where she maybe put it. I found the letter but not the rest of the paperwork. So I'm assuming she turned it in but and he thought she did but he was also not in a good state. So this these years are are acceptable. I know there's only a certain amount you can do. Is it is it two years or three years or something? Isn't there?

Uh usually uh usually as a a body hair you go usually only go back one year. Um but uh that is up up to you I guess. I mean acceptable as far as I I know that she does qualify for egg. Um she's owned the land since then. Um and you can choose to do a certain number of years. You don't have to do all of them. You can say well we'll give you two or you give them whatever. I mean you you you have the ability to choose that. So they did own it in time for 23 payable 24. Uh it sounds like that's when a lot of their stuff was going on. Um that' be for taxes paid last year. Um and then u I believe the stuff that you I think then you tried to qualify for 24 payable this year.

Yeah. And that's we don't have any copies that we did we couldn't find any copies of the application. Um but and then and your recommendation is to do all three years. Well uh go in with what you usually do. I would recommend the two, but you can go three. Okay. Brenda, is it true that so going back three years that money has been received to the extent that it's been distributed out to the school districts or or wherever and so then who makes up that that money if it's given back to the taxpayer? Does the county make that up?

So, as far as the um this is outside the city limit. So the the school district is is made whole through um the school district would made be made whole through the taxing process. Yeah. So yeah all the taxes because I add that amount once I abaited I add it back on and is applied to the levy. So yeah the taxpayer does well it sounds like you tough though. I I will support whatever the board chooses here.

I'll accept the three-year back taxes situation. It's written down here. I'll second to approve the abatement as it is. Mhm. We have a motion second for approval of the three years discussion. I I'm going to have to be an A on this just because I don't think we should that far. Okay. Any further? Okay. Well, all those uh favor of the motion will say I. I. Opposed? Name. Okay. Second. Thank you very much. You're welcome.

All right. Paul, you're up, buddy. Okay. Uh, the signature sheet is for the quarterly report for the local emergency management planning grant. Uh, as usual, uh, I don't usually put this together. So, I had Brandy Peterson come up from Rapid City Regional Coordinator for this end of the state. We went through everything. Everything's up to up to snuff. And the last piece that goes in before it's submitted to the state is your signature sheet. Motion to allow the chairman to sign the document submit to the state. Second.

Okay. Motion by seconded by Jennings for approval for the chairman's signature. All those in favor of the motion will say I. I hear the signature. Oh, that's where is it? Okay, thank you. Why don't you appraise the whole board of barb situation? I think everyone knows, but

well, a a week ago from this last Saturday, Barb fell off a ladder at her house, putting siding on her house. Uh she broke her leg. Uh she couldn't go home because her bathroom is in the basement. So my wife took care of her for a week and yeah uh Sunday she went home. She's doing real well on the crutches and she's getting around good and we uh set her up with her laptop at home and she's been helping when I get stuck. So kind of a severe injury that she can't put any weight on 10 weeks. 10 weeks. So yeah.

So do we need to make a motion that no one in emergency management are allowed to use ladders anymore? Well, two years for all on the job experience. Anyway, yeah. All right. Parking ramp closure.

Kevin McFerson is here from auction to discuss with you closing the parking ramp on the 21st and the 22nd. That's the Thursday and the Friday. I think the 23rd uh is Saturday. I think you will also want to bring up um on the 20th, which is Wednesday, if if folks can Yeah. if folks can start moving vehicles in on Wednesday afternoon as well. And I think as he referenced last time he was here, we'd be interested in the I think it's about 10 additional spots that were vacated when the sheriff's office and staff uh moved up to the new facility. He would like to be able to use those spots, too. Currently, county vehicles are parked there. we can make accommodations to move in if we have to, but I would defer at that point to Mr.

Um, I guess if anybody has any questions, I can certainly try to answer. Um uh as everybody knows, cool de minds just keeps getting bigger and bigger and and uh one thing that I would like to uh bring to everyone's attention this year we are uh pleased that we are going to have uh let's see there'll be four different vehicles that we're selling for charities nonprofit and so of course we're not going to be charging anything on that and one of them is uh one of the old fire trucks from the lead fire department. And then we have uh a resident of Lawrence County that has donated two vehicles to sell uh where the proceeds are going to go to Habitat for Humanity. So, we'll do those probably on two different days. And then we also have a a generous donation of a vehicle that we'll be selling and uh uh noon on Saturday and all the proceeds from that are going to uh towards a new Ronald McDonald home that's on the verge of being announced to be built in the Rapid City area.

Mr. Chairman, I forgot to talk about discuss and Kevin and I did visit about it. We've seen over the past few years increasingly after the auction is over, vehicles have remained in the ramp for uh days up to maybe a week at a time waiting for transport. And so uh Kevin and I talked about that and I think he would have a proposal to offer as well in that regard. I would have thoughts on that.

I think if I recall our conversation we were talking about maybe and I apologize that some sometimes in the past, you know, we we're grateful that we attract buyers from all over the country. Sometimes it's just hard to get the vehicles out immediately Saturday evening or even Sunday. And I think what Bruce and I were talking about, if I recall correctly, is uh maybe by that following Monday, um if we still had something remaining in the parking garage, we would take it upon ourselves to get those relocated somewhere uh as if they need to wait for transport to to get here to pick them up. just, you know, we want to do everything that to get along.

Thank you, Mr. Chairman. I'd just like to make sure that we're all on the same understanding that quarter loop still needs to be open. Uh, so we can't block that at all. The roundabout. No, we're just talking about the regular parking spots. So, that area that goes in, they used to drop prisoners off. Oh, that. Yes. Okay. That block off. Yes. Absolutely.

I guess I'll just my opinion on some of this. Uh, I I certainly want to accommodate you and and you're always gracious about coming up and visiting with us. Uh, the and I've had to deal with this back when I had tow trucks back in the day. I I done helped do a big auction one time and I had to move everything during the night to get it out of there because and store them at my facility. And I I would hope that maybe something like that could be arranged so that say by Sunday night our parking ramp would be empty. Uh, and I'm a little reluctant to move the county vehicles that we have parked in there out into the open in case it hails or something, you know. Uh, but that's my opinion. The rest of you gentlemen can weigh in on this.

The auction uh is Friday and Saturday. Is that correct? Uh, Thursday, Friday, Saturday. Three-day auction. Yeah. Okay. So, I'd like to be able to start moving vehicles in Wednesday afternoon as well. But to fit the vehicles in there Wednesday afternoon, we about have to close it all day Wednesday. I think what we've done in the past, usually it's been on the Thursday as I recall, maybe it's been on a Wednesday as as people leave for the afternoon um when they if they come back their ve their spotlight classic car sitting in it, but everybody has kind of notice if you leave uh some sort of musical chairs. Okay, that makes sense.

Yeah. No, we're not forcing people out, but to the extent there are spacees available, right? Otherwise, we'd have to have a set aside an hour for everybody to go their cars. Exactly. Right. That makes That's what you sponsor vac. I would move to close the parking ramp on August 21st and 22nd um and reopen it with uh have it open by Monday morning, the 25th. That would be without any with the uh just the same historical uh spaces.

I'll second on the motion. Okay. Is there further discussion? All those in favor of that motion will say I opposed. Motion carries. Okay. Um, does your motion contemplate allowing them to move in on Wednesdays at um or is it so they can move in on Wednesdays just with the with the general public, but but it's only going to be closed on 13, right? Very good. I'll send that email out. Okay, that sounds good. So, just like prior years, it sounds like, right? Yeah. Yeah. And and uh Oh, the additional spaces. Is that I think we just talked about that in those. Okay. The same ones you've had in the past.

Okay. All right. Okay. Very good. Thank you. Don't sell them. Well, we can do a good job of doing that. Okay. County convention convention registration. I don't attend this year. Mr. Chairman, the proposed agenda just came out again. It's proposed. I emailed it to you so you could look at that. If you could please let me know by your next commission meeting whether you plan to go all the reservations so that I can have payment prepared for your meeting on August 26 to meet the 29th registration deadline.

Okay. So, please let me know by next meeting. Thank you. And today uh from 2 to 4 the public defenders is having an open house. So if anyone would like to pop over and attend that'll that'll be happening. I believe that takes care of everything. Good morning.

Morning. Uh firstly, this would have been a little bit more timely at the last meeting, but uh it's important information nonetheless. So, where we are halfway through the year, um having completed June is we have brought in a revenue of $49,446. Um we being the jail. That's particularly good news because we didn't get it moved into our facility on time. we were a few months behind. Uh what this means is uh if we should be so blessed to uh maintain the pace that we're on, we will meet our budgetary uh projection for 2025. So things are looking very well. Uh secondly, as this board is aware, um Dr. Ala and I have for some time been communicating with uh the Sturis ambulance uh group and uh we believe we have come up with a solution that is um advantageous uh at least monetarily uh for the citizens of Lawrence County. This uh area that we're referencing is uh roughly 272 rooftops uh down in the Boulder Canyon area specifically that the Sturgeis Ambulance Service has historically uh been covering for us. Um the Northern Hills Ambulance Service has uh expressed their willingness, in fact their desire uh to take over that response area. We believe that's a good solution. Um albeit uh slight response time differences. Uh there's no two ways about it. Uh but in terms of the professionalism of the service, uh I

believe them to be equal. And in fact, um, the, uh, Northern Hills Ambulance Service, uh, find themselves in such position to have to augment or back up Sturgis anyway. So, they're taking a number of those calls anyway. Um, when I say uh, those calls, what we're referring to, uh, for example, as of the end of June at 2025, um, there's been five service calls down in this particular area. So, what we came up with, uh, I'll refer to Bruce for the numbers, but basically, uh, the board, uh, offers a supplement to the Spearfish Ambulance Service for, uh, their services historically, also to, uh, Northern Hills and to the Sturgeis Ambulance Service. So what we would uh propose is that uh that amount what we've been given the Sturgis Ambulance Service be split in half uh effectively and dispersed between Spearfish and Northern Hills. Now because we've already spent half of the year, Sturgeis uh ambulance service would obviously be entitled to that first half of that money. So, in effect for 2025, um, Spearfish would get a quarter of what would have normally gone to Sturgis and Northern Hills would get the other quarter. And if Bruce, if you could offer us those numbers, I appreciate it.

Well, we can discuss it during budget, which we're going into this afternoon. Sure. But this would be for 2025, chairman. So,

so I did a I did a sheet that kind of summarizing was in your packets that kind of lays it out. So, I think you can see the amounts. Um, so for example, the updated amount for Monument Health. And I should mention that Aaron Zinian is is here as well from the service uh uh would be $5,557.25 to Lewood Monument Health. Um, and then same amount to Spearfish Ambulance. Um, that includes these this quarter amounts as the sheriff has discussed. And then that half amount to Sturis Ambulance for the first half of this year will be $664.50. 50 cents. Um the net effect is is is is zero overall on the budget. You're just redistributing the money. Okay. Um accordingly, if that makes sense. So the total to be spent for 2025 was 11,779. The amount proposed to be spent for 2026 would be 11,779.

Okay. And if I may, um I think that the sheriff contemplates that this arrangement would be effective today. Um, and so as long as Aaron's okay with that, um, it would be effective today and we would reach out to Sturgis Ambulance and let them know. So we need a motion to distribute funds in that manner. And then we also need a motion to approve the modified ambulance agreements. Is that correct?

I I don't know that we have to modify the agreements. We certainly can. uh the the amendments would only be as to the amounts and so because the amounts are are not more than I think that motion uh handles it and then next year we'll have the updated amount reflected in the agreement. I can certainly do new agreements but I don't know from our perspective that it's necessary. I think it's easy to go this route and she already has a thing prepar prepared. So I'll make a motion to amend the 2025 budgeted amount for amulet services as follows. Monument healthy deadwood uh 55 55725 uh same amount the spearfish ambulance and then the stage am service $664.50 amount will be updated accordingly for 2026.

Second. Okay. Motion by Flanigan seconded by Tisville. Any further discussion? Thank you. Absolutely. I really appreciate that. All those in favor of the motion will say I carried. Thank you. Thank you very Mr. Chairman. That's all I have for you unless you have questions for me. Any questions for keep the mot. Thank you. All right, Brenda. Okay. Um, this isn't a public hearing, but you've got the floor.

Um, this here is I'm asking to do some reassignment of some funds um kind of some background um in 20. So, the emergency management fund receives um their salaries from a federal grant and they have cut that federal grant back. It was 10% last year and this year and then it's 30 or 35. I can't remember what she told me. But so last year the revenue budgeted amount was $8,500 short and then this year it's $30,000 short. So going into 25 the funds that Paul typically receives in for salary is already short. And so, and then also we do have that grant coming in that will be replenished, but it's not going to be replenished right away. And the bill needs to be paid in order for us to be replenished. So, I'm asking um we assigned $500,000 to Road and Bridge Project back in 2020 to pay for a bridge project that was over budgeted. We ended up not using those funds, so they were just sitting there. So, I'm just asking if I could take75,000 to reassign those funds and then use those assigned funds and then transfer those from the general fund to Paul's uh special revenue fund, the emergency management fund for cash to, you know, he's got the budget. He also needs the cash to to pay that. And so, I'm just asking if um I could um have a motion to to approve that transfer. So moved.

Motion by Flanigan. Just a question. Let me get a second. Okay, we have a motion in a second. Further discussion. So of that 75,000, how much of that is going to get reimbursed? Um 49,99670 is what Paul will will get back, but that'll be in the at the end of the year. He gets that. And I went back and looked last year it was he got the first through the third quarter in November and then the fourth quarter in November. So you know that budget would because of those shortfalls would not have the cash and the budget together. So Yep.

And that was due the reduction is due to a federal grant. Yes. And when I did talk to the um office of emergency management they are operating with the assumption that they are going to get it. So it could be that they don't. So we'll cross that bridge when we get there. In the meantime, we need to pay our bills. Yes. And so so she, you know, we don't know. Yeah. How come you got to road and bridge or what road and bridge? Emergency management.

I'm trying to think what project it was. It was back in 2020. I I should have went and looked, but it was a project that we had assigned 50 500,000 for because we were overbudgeted for that particular bridge project, but we ended up not having to spend the money. We ended up he had the money in the budget. He was able to handle it back in 2020. So that money is just sitting there assigned for road and bridge projects. Yeah. And so I I can't just use it because it's a road and bridge. I have to reassign it for emergency management project and then go forward before I can transfer the money. It has to be allocated for that specific

because you should shouldn't have much road and bridge funds for emergency management jurisdiction anyway. Yeah. It's it's it's taking road and bridge project and reassigning it to emergency management. Two different things. So I don't know somebody else can help me explain. No. Yep. I I I understand. All right. Any further discussion? All those in favor of the motion will say I opposed. Motion carried. Richard, if you want to talk later. Okay. You and I can maybe I can come around it at a different angle. I'm sorry. I'm That's all right. I apologize.

Mr. B, sir, we're down to you. Good morning. Good morning.

Well, we have a handful of approach or uh utility permits from Solarity Internet. Um they have sent in seven of them. This is for an area that will uh be from the Lookout Mountain Road all the way over to kind of the North St. An area. So, um, this would be kind of their next step of what what they've finished up over there on the old bell road. Um, they're kind of moving to the norththeast part of the county at this point. So, there's seven we have seven uh permits here. Um, we can break them out individually if you'd like to discuss them or we can do them all at once. I'll leave that up to you. Um they have uh sent in with their estimated cost of construction within the rightway and that totals to $418,500 and I also included that as as a bond amount for the uh condition of the uh of the permit. That's what we've been doing.

Uh yeah, they've been doing all right. We we've had less complaints in that area or I should say no complaints. We haven't had any complaints to date. So, um, they've been keeping up pretty good. I have not I wasn't here yesterday, so I wasn't able to go over to do an inspection before today's meeting. I will do that this afternoon. Um, but I am recommending that we we let them proceed and that we approve these permits with the bond with the bond with the bond amount of $418,500.

Motion to follow recommendation. Second. Okay, we have a motion by Flanigan, seconded by Jennings to follow to present its recommendation to allow for these new projects with the 500 bond. Any further discussion? Seeing none, all those in favor of the motion will say I. I opposed. I was going to ask one question. very face. Right. I was just uh wondering how the uh extra signs they've been putting up along roads affected your uh ability to uh mow along the edge of the road. Their extra signs are construction signs.

Well, they the state put just about doubled the amount of signs that we have corners and bridges in the sign project. Yeah. Yeah. Uh it's certainly increased the challenges to mowing. We've got a few of them already. So, um I can tell you a lot of the delineators and the things like that that they've added that were over and above that was on the road to begin with. We haven't really been replacing all of them. Um we've been spreading them out a little further. They they put a lot up. They have a lot. Um we've been getting around them. Uh we have hit a few. Okay. Thank you. Okay.

Um the next I have a a request. This is John Lebet is the con the contractor on this project and he's representing Robinson GMA Revocable Trust. They bought some property out there on the North Roford Road. It's got an existing home and and uh there is an approach to that home, but there are no there's field approaches off the Forest Service property, but no field approaches uh into this 10acre lot. They're requesting uh an approach on the south portion of the property. Um it does meet all of the sight distance for the speed limit there. um it is just going to be for a field approach for when they hay this field. They don't have good access to this this field. So um I don't have an issue with it. It does meet all of the the uh site distances for the speed and I'm recommending that we approve this approach.

I'll move with all recommendation. Second. Okay. Motion by second by approval. All those in favor of the motion say I opposed. Motion carries. Sleepy hollow road.

Yep. It's Sleep Hollow and then Wood Place is up to on the a little bit further north and west. I added a map here on the permit if you need to see it. caught up on signatures where we have a motion to approve the um private approach from that sleep plan again. Okay.

All those in favor of the motion say I motion carried. Sorry guys trying to keep up here. And that is all I have for for permits. Um, we also got a a uh plat from the city of Spearfish just recently and they're looking for some signatures on it. I'm not I'm not real familiar with it. I mean, I'm familiar with the lot and where the the uh existing approach is. don't know what the purpose of the uh of the uh replplatting it is and I don't know what the intended use of the other property will be. I don't know if there's anybody from the city of Sparfish here supposed to be here to address this.

May go ahead. Yeah, that they've got that 80 acres for sale on that corner. Mhm. And the 1acre flat that you're dealing with um is the old home and whoever's been living there for 30 years got the opportunity to buy it from this whoever owns it and that's the purpose now puzzled I think his own egg.

It's in city though. It's in the city. within the city limits and Colorado Boulevard being the access of the one portion of the property and then South Rainbow would be our our road um where the city limits comes up to the edge of the road. So I they're looking for a dual jurisdiction signature from one from the highway superintendent and then one from their street highway to Colorado. I guess

um I think John would point out to you he has in the past SDCL 311717 which suggest that a boundary line road such as this between municipality and a county that it um it must be quote unquote must be assigned to the charge of the municipality. So far it hasn't been right.

That's correct. And and so um there's argument that would be consistent with your prior position that you that this should be a city road that you do not have authority to approve the flat although it is still in our system technically. So I would recommend if you're inclined to want to approve it that you do it maybe have me sign it as NA you know that same language that um to the extent if any you don't think you have any jurisdiction over but to the extent you do your your similar to how we've done on Christian drive. Yeah. Okay. Is that fair John? Yes. I'll make that motion, but I'm going to also add if it does pass that the additional rightaway will not be the responsibility of the county and will be taken over by the city. Additionally,

I'd like to second that. They keep adding adding right away and it's not our rightway. Ours is 33 ft if it's anything. Second language stated by commission flat. Any further discussion? the high jurisdiction on South Rainbow. Is that question? Correct. And we go to Colorado. Okay. Any further discussion? All those in favor of the motion will say I

motion. I can significate drug couple weeks ago. Yeah. must have had a hard rain right after it because it doesn't seem like there's much. Yeah, there was a we did battle some rain when with some of our chloride. And is it an option to go back and give it another small treatment? Uh yeah, we're going to do that on a few roads where the the more higher traveled roads we're going to we're going to do some more work. I just thought I'd bring it up. We'll put you on the list.

Did you see the or hear about the doc? We got a a email from someone on the Homestake Row that's making comments about the big trucks coming into town. Yep. All the way out. So, and last meeting you had brought that up as well. I drove out to the the pit out there in Wyoming and I didn't think it to me it didn't look like they changed that intersection too much. It still looks like it's a pretty tight turn for a truck to get that way. I personally didn't see any trucks at that time. Um I don't dispute that there aren't trucks.

All I've ever seen is just dump trucks. Well, I I get out there pretty regular in the summer to go to Sand Creek and they definitely widened that that deal so they can't turn that way. And I noticed this morning the curve at McGwigan in Hills View has got big rubber tire from something turning that's big and several of them in a row. I haven't noticed them come by my house and I don't know where they're going down there because we did get another call yesterday of of them traveling on the east side of the Hills View into town. I'm not sure where they're going though. I'll have to look into it some more and it might be a local they might I don't know if somebody's got a project out there gravel or something.

Yeah, there is. There's someone moving a lot of material. I'm trying to think where I saw that yesterday. They're moving a lot of material with material with semis. U in that area. I don't know where that hospital project is as far as you know they were doing a lot of material there at one point too but I think they're kind of done with that now too. So yeah the college park that's got this is another project I seen and I can't I just want to throw it out there because like I say I know there

well we got the email and like I said we had I wasn't here yesterday. I was off and but we did get a phone call yesterday of another person uh bringing it to our attention that there was a lot of truck traffic into the on the Hillsview road into town so east of McGwigan. Okay. Anything further? You're right. They are coming that way. I've met a lot several of them. Yeah. I just coming in from Wyoming. Well, if you guys don't have anything for me, I have nothing else. Thank you. Thank you. Just like that. Caught up. We are. We're going to take a five minute break.

Uh yeah, and he has accepted start on the 25th at the wage to operate. Excellent. Do we need to make a motion to or anything? Nope. All right. We got that finished. That's good. We're on our 5m minute break.

reconvene and the first thing we we need to do recess is county commissioners and conveness the county commission meeting and being a board of adot by Jenny seconded by all those in favor of the motion will say I motion carries Jeff you have the floor sir

okay I've got some quite a few. Any reviews? These are kind of our normal ones that we do in the spring with some gravel pits, second residences. Uh should go pretty fast. If there's any questions, something I need to follow up on, let me know and I will certainly do that and get back to you on those. Um and each one of the gravel pits has their annual report with them attached. You should have those. So, um first one is 373. This is the herm pit. Uh John does all these by the way. Uh and there have been no complaint formal complaints on this. So we will do another review in in 12 months unless something that needs to be done. Uh 380-20 is a second residence for the Winberg family. Again, uh no complaints used is being used as it is intended. So we'll do another one in 12 months. 381 the reic. Um, well, I spelled that wrong. Um, once again, no changes. Have no um have have no complaints. We'll do another one. CP 400 is the Evans Pit. Uh, Joner. Uh, no changes, no uh complaints or any uh problems with that one. So, once again, we'll do that one. Uh, Dook 402 still being used as approved. No complaints in the last 12 months.

That's the one I told you about. Yeah, it's it hadn't been used as written down here for quite some time. Last year they proved it anyway. Yeah. But I wanted these people to know know about it because she's divorced from the cook. That's not the message I got when I called him. So I will check up on that one. I appreciate that.

Well, that's not all of it. And he he uh they were uh she was taking care of Mr. D Cook over in the other third residence there and uh he now has moved out of there and Mrs. D Cook is living with somebody else and her son is living in Mr. Dook's place and that but he isn't living there now either. He's up in uh uh up in Aberdine with he just got married and he's up there working and that so he got some college kid living in there and I guess he a college kid and uh

No, it is not. I will uh follow up on that one and uh get back to you. Well, if the rest of them want to do it the same way it's been done, that's fine, but I wanted everybody to know about it. So, so Jeff, if you could just explain your process on what we do with the second residences, we we normally just call um and see how things are going, any changes, and most of them will tell you right away whether there's any changes. Um if you on a second residence, if you just pull up and it's hard to tell if anybody's in there, nobody's home, it's so we've just been calling on those ticket ones. Did you want to know the criteria first?

I understand the criteria. I'm just wondering how we confirm that they're being used for the way they were intended. And so it's kind of on the hunter system. It is with the these are kind of hard to do. The other ones we go and visit, you know, all the other conditions, but these are and Nicole's uh son is living in the house that Mr. De Cook was in. and he's up in Aberdine right now because he got married and they got a job up there for a little while and then he's going to move back down and and take residence in the Cook uh place pretty soon.

We'll we'll we'll take care we'll get it fixed up and if we have to get it cancelled, we'll do that. I appreciate it. Don't think so. 416 Sherry Anderson. Um, as far as we know, everything's doing the same and we're uh we're no problems there. We'll call on that one. Um, that was Sherry Sherry. And yeah, they're doing it the way they're supposed to.

Yep. And 417 Donald Kiss Creekide Loop, second residence is still in place and being intended, used as intended. Then I have uh Canyon Creek gravel pit 435. Uh no changes, no complaints from anybody out there, you know. So um that will be reviewed in a year. Have you gone out to That's Chuck Edwards. Yes, we drive by there in Have you gone back there?

We drive back in there. the commissioners went out and looked at that place and he wanted to uh crush the gravel that was left over from blocks of uh of I don't know what you'd call it the block blocks of uh that that were naturally layered in there and he was taking them out and selling them and now they're and that's what he said he was going to do but now using as a regular gravel pit and they were spreading out pretty pretty good area and uh are doing more crushing there just about every week and that. So I might want to check on that and see.

Does the CUDL crush it? Okay. And last one was 456 the eaten pit. Uh no changes, no complaints. So we'll do that within 12 months. So yeah, we we don't get any complaints on any of these pits ever. So well, we want we want to keep uh in line with them because we've been taken to task by some of the residents there had to put it up to a vote. We want to be up and up on so we don't get in trouble, right? There's no action required. This is all this is all done.

Yep. All right. All right. Thanks. All right, we need to reconvene. So moved. Second. Okay, we will dispense with board of adjustment and as county commissioners. All those in favor of the motion will say I. I hear I will refer this to Kaylee Snider is here for Black Hills Council local governments. Morning. Good morning.

Now we know who you are. Um so I'm here this morning um we're looking to uh adopt the um Lawrence County natural hazard mitigation plan. Um so just a reminder of what this is and what it serves. So this is a plan. It's a FEMA approved plan that is required to be updated every 5 years. Um the purpose of the plan is to look at um the risks the risks of um natural hazards in the county um the vulnerabilities and then create mitigation strategies to address those. Um so the the main focus of that is to um look at what can we do before a um a hazard or incident occurs to lessen the impacts um of that set hazard. So, um, so we've been working through that. Um, uh, Commissioner Tisdale, Amber, of course, Paul and Barb have been helping. Um, so the process going forward. So, this is a county plan. However, the cities um participated and um are also adopting the plan. So, it covers the county and all of the cities together. Um, we have two more cities um as long as you know today if it's agreeable. um uh Whitewood and Central to finish. Um once that's done, all of the adoption resolutions will be collected and sent to FEMA and then they will give us a final approval letter um with a date on it and then um once that's good, you guys are good for another five years. So, this plan also allows you to be eligible for different types of funding. Um one of the big ones is FEMA funding. Um it's the federal government right now, but right now there's still a program that's allowable for that. So, there's still the potential for it. So, um anyway, with that said, um oh, uh and I did want to just explain the grant because there was a question earlier.

So, the um work that was done on this plan, um we had applied for a grant. Um uh it's been a few years. Um the grant is a FEMA grant covers 75% reimburseable grant and then the remaining 25 is through inind. So, we've held uh numerous meetings um which have covered that in kind. So, um once uh Black Hills Council receives that payment, once the adoption goes through and we get the approval from FEMA, all of that documentation will be sent to the state and FEMA and then you guys will receive the the reimbursement. Um I can't speak for OEM, but historically it takes about two to four weeks once all of that's done to get the reimbursement. And I also can't speak to FEMA. Generally once we have the resolutions it takes one or two days to receive the approval from them. Um but with a lot of things that are going on in the federal government I I can't speak to whether the timeline on that but generally it's pretty quick turnaround.

All right. Any questions we need a motion to resolution and second. Okay. We have a motion by Tisdale, seconded by Kenny. Any further discussion? Seeing not all those in favor of the motion will say I. I thank you. Thank you. Okay, we can go ahead and hear a little started on Can we just do this transition over?

Absolutely. 5 minute break. Well,

and our vote was tied and it's for Ryan or Whitney Wman. And I will tell you that in the interim since our last meeting and vote, I was one of the nos last time and I've since talked to more of the neighbors out there and they've convinced me that they'd like to see this happen rather than not. So I will be changing my vote today. Anyone have any further discussion? Those neighbors will have to come in and uh and tell us why that they want to jiffer the whole thing girls because this doesn't have anything to do with them except substance in the proximity of their place. So I'm done my decision on on this.

So I think we need to go ahead and and at least take care of the business before us today. Make a motion to approve changes zing 368. Second. Okay, we have a motion to second. Is there any further discussion? Okay. Seeing none, Brenda, would you do a roll call vote for us, please? All those in favor of the motion will say I. I. I. I. So, it does pass. Can I ask a question real quick?

For your name vote, what part of the ordinance didn't they fulfill? What part did they fulfill? Yeah, we have to We follow our ordinances to approve and deny things. Mhm. And and I would there's what part of the ordinance or even in the comprehensive plan is this not fulfilled? I talked to Bruce about that and we're supposed to go out and review those in certain instances and it never was reviewed. Never was reviewed. Okay. I don't know what that means. So, Our next item on

Ryan, I don't know if you heard that or not, but it did pass. I see that you're on, but I know you're Can you hear me? There we go. Did I don't know that you were Yes, I did hear it. So, thank you. Thank you very much. All right. Thank you.

Um All right. So, this item is um kind of anformational for you. So, this is the this question came about for Boondoc. Now, Boonox is one of those properties that you know for years it was a restaurant bar kind of situation. Um it's gone through a number of different owners. Uh they had to tear down the old Boondocks building. There was a lot of problems with it. So, it got removed and then the people that bought that um they were going to do like a food truck kind of parking lot thing and not have an actual restaurant in there. And they rented ATVs and UTVs out of there. So, that was the last useful. It's been inactive for over a year probably now. They haven't really moved much out of there. Um it went up for sale. It sold again. the Davis's purchased it and I started talking to them about a year ago and last year they kind of just said, "Well, we just bought it. We really can't get anything going for the summer." You know, it was kind of like we're just kind of stuck with it this year. So then they started trying to determine what do they want to do, how do they want to do it, and they're starting that process to kind of redevelop that property. Um it has been inactive. So the gr how I look at it is the grandfathering status went away because it's been inactive for over a year but they are still within the kind of parameters of highway service commercial which is what it is. Um, but there isn't a specific

listing for specialty hot dog pizzas. You know, I don't know what you want to put it under because it's kind of a little bit of restaurant, a little bit of bar, a little bit of this. And we don't have restaurant specifically listed. It never has been. I thought they were drinking and eating establishments. in that

it had when we redid the stuff two or three years ago, they you guys really delved down on like what was going to be allowed and we didn't have anything in that district at the time because this grandfather went away. Um, and so general commercial allowed it, but this one's not general commercial. So, it's kind of one of those things that I'm trying to determine the best way to move forward. Um, and I'm still leaning towards, you know, do we do an administrative change of zoning, not a change of zoning, an administrative change to the ordinance that allows this type of thing in highway service commercial? Because I think we are going to start seeing more of it and we could do a more generic, you know, restaurant

eating and drinking establishments. Is that actually in the in the current ordinance, not under this zoning, but under general commercial?

Um, similar. That's not exactly what it is, but yeah. So, I think we just need I think it just needs to be possibly added back in, but I am struggling with I mean I can make her do it, but I kind of feel like that should be more of an administrative thing because I do think it fits in that district. So, normally if you guys don't tell me to just do the administrative process, which I still have to hold a public hearing and still do all of that, this person would have to pay for that change. And I was struggling with that because I kind of feel like it fits in that district and that specific location used to have a restaurant and everything.

But in so in our prior zoning it would would have fit. I would I think it would have. Yeah. But that's kind of where I'm at is do I have her do it and have her looking for guidance. Are there other that are appropriate for highway contract or is that you cover? This has been a highway. It's already zone highway service commercial. But are there other businesses currently operating there that fit into that zone? Yeah. Well, yeah, because like um the the old place that burned down, that's how we service,

but that was in a partial Pennington County, partial Florence County. Well, Pennington County did all the conditional use permit stuff on it because it was kind of half and half, half county, half county. Mhm. So, that one has an active conditional use permit within Pennington County. Um, so there's that's a restaurant. It's not an allowed use in their district. It's a it's a condition use. So, that's where it would be a little bit different. Um, the other one that used to be active would be the one, the old bar and restaurant coming out Canyon. Chop House. Chop House. Well, that's been in years. You go back a few years. Um under a campground. I mean, I was in high school.

Wagon wheel. JD's highway service commercial. You're going way back. So, we have other areas that are already operating that way and they have been for years. But they would all if that status went away, the same situation would come up. Yeah. They're only operate they're only appropriate because their grandfather did if they weren't. Yeah. We don't cuz we don't offer them as an allowed use, right? But they are there. Correct. So I'm trying to figure out how do we kind of take care of But that ideally under highway service might I would think so. I agree. I think it fits if you had a gas station convenience store that sold that had a Taco John's attached to it. That's still highway service. Yeah. Yeah. Yeah. thing.

So that's all I was and I just I felt like this was not an appropriate I think it was a discussion for you guys to just say do I charge her or do we just It sounds to me like an appropriate thing for the planning and zoning board to both instigate and then make the decision. Okay, that's all that's all the clarification and it came off of me getting this submitt. Well, she's willing to do the development plan. You know, she's willing to do all that to show parking and bathrooms and all the stuff, but I just couldn't even give her a starting point. Is there a motion required? So, there's no question on whether we gave authority to Amber to go forward with this. Probably a good idea.

Okay. So, it's just telling me to go through the process to do an administrative change to the highway service commercial. Are you doing administrative change and not going through the regular process? I have to well even an administrative change we have to follow because I think the planning and zoning board by the nature of their existence can start this process whether we say no or yes the process remains the same I guess yeah just a matter of who initiates it yep but that would be the motion to have uh planning and zoning initiate the process ultimately it'll come to you so we needed you want a motion for us to direct them to start this process I'll move I'll make the works

yeah it's you say I think the board has that that's part of the purpose but Well, we've been called into question before, so I will second that. Okay. Motion by Flatin, seconded by Tisdale. Any further discussion? Seeing none, all those in favor of the motion will say I. I. Okay. I may post. Yeah. You make an administrative change to it would be to the highway service commercial district and they Mr. Chairman, they may actually come back with other recommendations as well. It might be allowed. It might be conditional. I I think that's took place at this point. I think they could initiate them on their own, but in this case, it's very clear that it's coming from the county commission.

So, yeah, we're not approving anything. This was just showing an example of what came up and the process. All right, get this up. And then De Meyer was going to be online, so let me check. Yep. There he is. Dean, can you hear us? Yes, I can hear you. Okay, I'll go ahead and explain and then you can chime in if you need to.

Okay. Um, so what the situation is, if you remember, you guys approved a development plan um, previously and as part of that development plan when he first started looking at the the three cabins um, he got one of them built, put the septic system in for that one, Helen, they were getting ready to build the next one which was already pre-approved. So you allowed those to be done under that specialty resort. And part of the conditions of that it was that um you know obviously we try to have them all on one septic tank shared drain field that kind of thing. Well Helene had sent in some stuff because she started working on it doing some more perk tests trying to figure out what was going on and it was determined that it was not feasible to put them all on that existing one. So she would like to do a new one. she provided her design and everything to make it work, but as she went out there to look at everything, it just it just wasn't working correctly with the layout and you know where it sits. And she was just I think there was some concern of yes, there was maybe some things that could be done, but the best option would be to have and I think this this site kind of shows the best. This cabin is existing and that drain kind of right outside that cabin. The other two she's designing where they would be able to be here. So, she's showing you the layout. But before I was just because you guys did have a specific um condition in that development plan that said they all had to be on the same, but I think this follows our process of we obviously want the engineer to look at, you know, terrain and how it's going to work and if it's going to work. Um, so I am just asking and Dean is asking before he moves moves forward with those other two, would the commission be willing to

allow him to use this new design? That that's his question. And this is a development plan question. So the planning and zoning board doesn't usually review development plans. It's just county commission. That's how the ordinance is set up. Okay. Dean, we're going to allow you to speak at this time. would you please introduce yourself, your your name and address for the record?

Yeah, I'm Dean Meyer and uh I'm from Rock Rapids, Iowa. And uh I uh yeah, I have a cabin two cabins out there and on this particular property uh just like Amber explained, uh we we've got a development plan for three cabins. Um, I had Helen come out at the beginning before we did anything there and designed a plan in July 19 of 2022 and submitted it to the state stating that we were going to have three cabins. One cabin would have its own septic field and the other two cabins would go together into a second septic field. And that was all approved by the state. And I guess that's where I'm a little bit confused when we when I went to apply or or get the septic approved here that um I realized at that time that you recommend one septic field and uh we had already had this and I think Amber's got the documentation for that all too. Um but yeah, what I'm ask it's just hard. It's going to be a real challenge to get the other cabins into the same septic field. Not saying it's not possible, but it's going to be a lot more invasive and um it would be it would work much better. According to Lane and Kenny Gardner is a contractor. Uh we had them both out there last week and uh this is what they highly recommend.

And we do I didn't have it at the time that I gave you this stuff, but did provide me the state approval. So I have that sheet upstairs and it's where they stamp it and say, "Yep, we've looked at this and we're okay with it." And that basically happens because it's a specialty resort because they have CP for a specialty resort. The state looks at those a little bit more in depth than a regular house structure. So they've already approved it and we have the stamp to go upstairs. So my understanding and without going back to 2002 and seeing exactly what the development fund is, their development plan had all three septics on one thing. Yes,

that was their proposal to start with. Since then, this makes more sense for development of the property. The state is good, the engineer's good, so really we're just amending the existing development plan to split it up. Correct. I just because um it had specifically stated they were going to put them all on one and that is how um you know that's how it was presented and I just didn't want to have anything say that well they didn't follow what so we need a motion to approve this change to their development plan 2022-02. Yes. So moved. Second.

Okay. We have a motion and a second. Any further discussion of a question? So if you could help me understand for I assume that highway service commercial is different but typically we require two acres for a septic field or a drain field unless they do joint. Unless they do joint. Yep. So they're not so but there's two acres in this law. 2.1 acres have two grain fields within that two acres. Um yes, but state law allows one acre and it's zoned highway service commercial. So that's a little bit different if it's a residential park forest lot. That's different. So that was my question. But yeah, because it's zone highway service commercial, it can go down to one acre if you guys approve the system or the development

and the state still has to and then it sounds like making sure that we weren't in conflict with our only because of zone commercial. If it was park forest or something, then we wouldn't I wouldn't have brought forward because we you probably wouldn't have approved the development plan because you don't usually see development plans except for commercial property. Yes, that was my guess. Thank you. Further discussion seeing that all those in favor of the motion will say I

I opposition passes. Um, so Dean, it did pass. We can go ahead and move forward with the new building permit with all of the information that Helen provided. Okay. Thank you very much. I appreciate it. Thank you.

Okay, we're down to items from the public. Do we have anyone in the body of the room or online that would like to speak at this time? If so, we would ask that you would uh state your name and address for the record. Is there anyone in the body in the room that would like to address the board? Anyone online that would like to at this time? Okay, one more time. Anyone in the room or online? Not seeing anything. So we'll close items from public commissioner. Anyone have anything to share with the board this morning? Just I would share that I was at the property tax task force meeting in Rapid City last week. Uh did testify. There were quite a few people testifying. A lot of people were complaining about property taxes, even some complaining about didn't leave with a very good feeling about where the task force is going to go. They have two or three more meetings to go. Okay. Anything further?