County Commissioner & Board of Adjustment - Regular Meeting

This conference will now be recorded.

I allegiance to the flag of the United States of America and to the republic for it stands one nation indivisible with liberty and justice for all. Okay, we'll call the meeting to order. We have any additions or corrections to the agenda? Mr. Chairman, 9:30 the natural resources committee will not be presented today. Okay. Move to approve the agenda as amended.

Second. Moved by Dill, second by Ying to approve the agenda as amended. All those in favor say I. Any oppose? Nay. Motion carries. Any conflicts for any of us today? None. None. Heard you all had a chance to review carefully the minutes from the board of adjustment and the county commissioner. Did anybody make any notations or corrections on their pages? Move to approve both the county commission minutes and the board of We'll have to convene as board. Correct. Yes. So, sorry. County commission minutes. You're okay.

And moved by Tisdale, second by Yuing to approve the county commission minutes from the previous meeting. All those in favor say I. All those opposed. Okay. Motion carries. Recess from county commission and convene this board of adjustment. Moved by Tisdale and seconded by all second. Homer to recess his county commission and convene his board of adjustment. All those in favor say I. I. Any opposed? Nay. Motion to approve minutes. Second. And moved by Flanigan, second by Tisdale to approve the board of adjustment minutes. All those in favor say I. Any oppos? Nay. Recess board of adjustment. Commission second.

Okay. Moved by Flanigan, seconded by Comr to recess as board of adjustment and reconvene as county commission. All those in favor say I. I. Any opposed? Okay. That motion carries. Did everybody get their questions answered about bills? I did. So did I. Approve the bills. Second. Moved by Ying, second by Tisdale to approve the bill as presented. All those in favor say I. Any oppose? Nay. That carries. The bills will be approved. Personnel items.

Yes, I have um one from the auditor and two from the sheriff's office. Um I have a step race for Nicole Coons going from a county employee one going to a county employee one grade two base pay at 2347. I'm effective March 22nd, 2026. And then Brandon Mercer is a new hireer. Uh correction officer one grade one base pay at 2480. He's a part-time fill in employee. This would be effective through 10. And then Brianna Roman classification change going to a part-time fill in dispatcher 2 grade three base paper 274041 effective 315. to approve.

I'll second. Okay. Been moved by you and second by Flanigan. Is there any discussion on those questions? If not, all those in favor say I. Any oppose? Nay. Okay. Those personnel requests are approved.

Travel request. Travel. This one is a glitch. Okay. Travel request. Yes. Okay. Please. Um I have um two from sheriff's office and one from two from emergency management. So the first one is a travel request for Jamie Bika Olen and Marina Cleveland to attend the FBI LEDA supervisor leadership institute in Boulder, Colorado from April 17 through the 22nd, 2026. You want me to do them all? Uh, yeah, I think we can.

And then the next one for the sheriff's office says a travel request for Jeremy Peters to attend the ABOD defensive tactics system instructor's course in Las Vegas, Nevada from May 17th through the 20th, 2026. And then emergency management is to approve the travel for Barbara Baker to attend the South Dakota DO preparedness summit in Oklahoma, South Dakota from March 23rd through the 25th. And then also for Barb to attend the G393 mitigation for EM. This is a required class for the lmpg and pier from June 7th through the 10th 2006.

Motion to approve. Second. They've been moved by you. Second by comr to approve all of those travel requests. I don't think we had any paperwork for Mr. Baker. Everybody okay with that? I do have it. Yeah, you do. We just didn't see it. Yes. Yes. I um reached out to Barb to ask her to fill those out and she um has um given both of those to make the traveling. Yes. Okay. Thank you. Any questions or discussion? All those in favor say I. I. Any oppose? Nay. Okay. Those requests are approved. And we have an auditor's account with the treasur. And

this is as the end of February. Total amount of deposits in the banks is 21,754,312.73. Included in that balance are our bank balance of 20,634,889.77. Money market 1,119,422.96. The actual total amount of cash is $1,350. Total amount of checks and drafts and treasures possession not exceeding three days is $263,65369. And cash the same $7,539. Petty cash $2,725 for a total of $22,29,58051 the auditor's account treasur second moved by flag and second by Tisdale to approve or file the auditor's account with the county treasurer all those in favor say I oppose nay motion carries some raffle requests.

Mr. Chairman, the Queen City BFW Post 5860 is requesting permission to conduct a a raffle with a drawing to be held on July 4th of this year. You have the information in your packet. Yep, we do. A motion not to object to the raffle. Second and moved by Yuing, seconded by Tisdale to not object to the VFW post 5860 raffle. All those in favor say I. I. Any oppose? Nay. Raffle is We will not be objecting to a brand. Yeah. Flanigan second to that.

Oh, really? I get that mixed up. Okay. file cabinet surplus. Right. Um the uh I am just requesting to declare 11 filing cabinets to be surplus and destroyed um so that they um Tim is going to take them over to um surges. Yeah. Where they recycle recycle. Yeah. So just needed permission to allow him to dispose of them. Move to approve. Second.

Moved by Flanigan or second by Well, if you put it on right side up, it would help by second by to surplus cabinets. All those in favor say I. I.

Any oppose? Nay. All right. Send down the road. Uh just need to make note of the fact the county offices will be closed Friday, April 3rd and Monday, April 6th for the Easter holiday since those are declared state governor wrote as state holidays and the county is following the state holidays. Hope that doesn't inconvenience anybody, but uh we do give the employees a chance to enjoy a good weekend. With that, Sheriff Dean is up. Good morning. Morning. Morning.

I'm happy to report that things are going very well with the sheriff's office as well as the public safety and services center. Our revenue just for the month of February.

Excuse me. Sorry. Just for the month of February, our revenue was $24,99.99, bringing our annual revenue stream for 2026 to 381,949.97 approximately. So things are going very well. I do anticipate um that we'll throttle that back just a little bit and uh give our staff a little bit of a break going into March and April, but uh things are looking very well and I see no cause for anything other than joy from a tremendous blessing. And with that, um, I would defer to our auditor, uh, who has a request in regards to the PSSC, something that's been a long time coming, and we are all, uh, anxious to see your vote and potentially get some of this off our plate.

So, starting December of 2021, we started this project. And so on March, I'm going to request permission to close out this fund and take the remaining funds of 1,731,584.87 and transfer that to the bond redemption fund for future bond payments. Motion to approve. Second. Been moved by Ging, seconded by Flanigan to transfer um money to the bond redemption fund which would seal the deal on the public saving service act. It's been a long time coming. It was

any questions or discussion? All those in favor say I. Any oppose? Nay. Okay. It was a great great team effort. We couldn't have done it with all of us. Yes, it is. It took a lot of time, a lot of expertise, a lot of learning for everybody involved and we certainly appreciate the effort that everybody put into that. And thank you, Sheriff, for designing a business model that's actually working very well.

Much appreciated. That was a tremendous group effort that I don't know anybody could repeat exactly what Lawrence County got accomplished through that process. That's a culmination in many cases of relationships that were 30 years in the making and a lot of trust and we worked hard and there was a lot of stress on Bren's part all those funds and keeping track of them and um and uh yeah I appreciate Greg too for helping put that uh dashboard together right to help us and uh a lot lot a lot of stress is I think it relief is coming so Yeah.

It was hard for us to imagine the effort that went into that. There was what five or six of you on the committee and everybody uh had to provide a role and everybody did it very well. You know, I think about Debt Pridle there that made very good use of that money that gained us a lot of interest in in the intern before we had to start writing checks for it. And certainly the grounds crew there with him and all those guys too. Tremendous effort. Mr. Chairman, that's what I have unless you have something a question. Anybody have anything for the sheriff? Oh, good. All right. Thank you. Thank you.

All right, we're a little ahead here. I assume the bid opening has to occur at 8:30. Um should we try to do see what we want to do big big grants? We could do some big grants. Yeah.

Uh John, do you have uh you could report on anything up until 8 8:30 there other than the road? We do have uh some agreements to that would be needing signatures and this is for the the two bridges on the Nemo Road.

Uh we were awarded two grants from the big program. One bridge scored 62 points and we were awarded 1,316,500 for replacement of that structure. And then the structure next to it scored higher at 69.14 points and we were awarded 1,322,000 and even. So, um there is a a timeline on on accepting the grants. We have 30 days to sign and and uh get those back to the state so they can allocate allocate those funds. Um, I would say that with all of the action we've taken over the last few years of getting these in the works that we're ready to go to bid as soon as we get the agreements signed by the state and back to us.

So, uh, if I get a signature on those today, we'll send those in. They do have to be sent in uh, in the mail. They they require the wet copy signed to blue ink. And uh soon as we get them back, we'll we'll be ready to go to bid. So, okay. There's a strong possibility that those two bridges could we can start construction on those yet this year. That's nice. Fantastic. And those are the two bridges that were within a half mile of each other. They're within a tenth of a mile of one another down by the boxelder job court. So, and I believe we have the easements in place, don't we?

We have everything in place. We have all the easements in place. We have um we have all of the uh documents with the land owners to to utilize Blum Lane as a as the bypass for this construction project. And do we do engineering on this already? Everything's done. Yep. Construction engineering is done. Hydraulics are done. 404 permits are all submitted. Everything's in place. Do we need your signature or the chairman? We need the chairman sign chairman to sign in blue. in blue. Second in blue. Okay. Moved by Flag and second by Yuing to allow the authorize the chairman to sign the grant agreement.

Any other questions? There's two of each. All those in favor say I. Any oppose? Nay. Okay. That was a good deal that we were able to get grant funding for those. Here's an envelope for those to be sent.

Okay. Um, did you say you wanted to wait on the We need to wait.

It would be better better to wait. So I would I guess I could report that our the South Dakota Association County Highway Superintendent Convention will be held next week at the lodge in Deadwood. We do have the governor showing up on Tuesday to give the opening address. Anybody wants to go hang out with the governor, he'll be here at 8 o'clock in the morning Tuesday. So, and I see you got uh snow plow and and wings. Was that what you were waiting for for the for the new truck? Yep. Yep. The only thing we're missing now is the box. We still don't have the box. That

the dump body won't be here for they say around June. So, okay.

We'll be waiting. That'll be well over a year from when we ordered the dump body. It's incredible. It's just the supply the supply chain for for some of that stuff is crazy. Getting cylinders and things like that seems to be a real problem anymore. So, but we do have the truck. We're actually using it. We did a project up on Crooked Oaks. We uh we replaced a a culbert. As long as I've been here, we've been it's been in the works. We've always talked about replacing. It's a spot where the about a mile north of the uh of the intersection Highway 34, the road really narrows up there. Steep drop offs. We uh u last year when we you know when we talked about budget cuts, we purchased the culverts last year with some leftover funds and we were able to put those in. But the weather the way it was, we put them in last week. So we uh we took out a 30 foot wide culvert. We put two 66 foot wide culvers in there. We widen the road out. So that section line piece of crooked oaks is now the same width from start to finish. So very nice.

We had a report uh issued to us from I think it was 2 about drainage along the powerhouse pass on the Ro. Did you have you seen that or have you

Well, I've been up there a couple times and met with them. I believe Bruce and me both went up there at one point. This is a part of the development where where they paved it. Of course, you know, when you pave roads, you change the drainage considerably. You know, there's nowhere for the water to go once you have pavement. Uh structures also do that. Once you build a build homes and buildings, you know, they shed water. So, that water has to go somewhere. So, it actually affected our our uh emergency management building up there, the search and rescue people's building. it it kind of flooded it out. So, since then they have diverted that water. I don't know if it's complete yet. I haven't been up there to look to see if it's completed, but I know they started on it.

And you're satisfied with what they're doing that I was satisfied with the plans I seen. I I don't know about the final construction. I haven't been up there. I have not heard word that they were done with it yet. You have some more information, Bruce. I think so. I think they were doing a couple things, weren't they, John? So there was the footage along the road there that they were going to put a put a bigger cover in or something and then where the drainage came right at the building they had throttled that down it too I think hadn't they is that

they added some covers that directed the flow towards our building they were going to they were going to put in a uh I guess it would be a like a a weir to direct the water away from the building and over to their property way so I think there's a couple different things going on with the water there. That's right. Yeah. But I have not heard anything about them being done. Yeah, Amber will give you an update, I think. Okay. You have people coming for that house stuff, I think. Okay. Yeah. I think they said they were here. Yep. So, with that, we might have just take a little recess here.

Do Jeff Sher stuff if you want. He doesn't have anybody coming. Yeah. Yeah. Is it? We're on recess. Go ahead, John. Did they um they they they punched that road through to the Brownsville Road too or whatever it was. Did they they fixed that beautiful day where they remember that they had like a water well there or something at the end of Oh, that was down that would have been on the Englewood Englewood room. Did they fix Did they fix that? Yeah, they removed their approach. Okay.

But then I didn't water. I'm just going to mute it now the meeting while we wait.

All right, it's 8:30 where we will reconvene the county commission meeting and this is the time and place set for to receive bids for the annual supplies and materials for the highway department. Okay. Well, I'm going to start with the chloride bids. Our first bid is from Rosane Construction in Kuster, South Dakota. is accompanied with a $5,000 uh check. The price is for chloride per ton is $297.85 per ton. It's 297.85. The price per gallon is $161 per gallon. The bid price to rent a spray truck for 45 days is $12,000. Next bit is from Envirro Tech. This will come with a good bond.

Their bid price per ton for magnesium chloride is $25530. That's 255.30. The bid price per gallon is $1.38. That's 1.38. Bid price to rent spray truck for 45 days is $8,400. Um, as far as the fluoride goes, I guess my recommendation would be to accept the lowest bid and that would be from Envirro Tech.

Motion follow recommendation. Second move by Figan, second by Jail. If all the recommendations are accepted from Envirro Tech for magnesium chloride, any questions or discussion? All those in favor say I. Any oppos? Okay. Thank you. Next up, we got some asphalt here. I'll just want to see what's in it, I guess. This is for gravel. Okay. Asphalt hot mix. This is uh this is from Simon. This is a price per ton for hot mel hot mix asphalt. Uh class E type one $75 per ton. Class E type two uh is $77 per ton.

This would be from uh 3720 Sturgis Road Rapids City, South Dakota. Bond.

I don't think we asked for bid bond on on this gravel or as just the chlorate. Okay, set this up a little bit. The next bidder is Sacerson Paving. Again, no bid B required. So, it's for hot mix asphalt. Uh, type class E type one. Bid price $75 per ton. Class E type two, the bid price is $75 per ton. Uh this location is for Spearfish.

Hello.

Yes.

Sir, can you mute your uh microphone, please? Yeah, I don't have it on. I don't know why I can't get it on my phone. I am sorry. Okay, this is from John's class E type one,

$75 per ton. Class E type two, uh, also $75 per ton. This is also location spear fish

Jeff. Can you guys hear me now? Sorry. See, I think that might be it for Hello. Okay, we can move to the gravel portion. I think we need to take action. Do you want motions on those independently? Um, probably do, don't we?

Yeah. Yeah, we would need Let me look at this one to make sure there isn't an asphalt. Okay, first John, are you going to want to take them and look at them and then come back as well or just go on the fly here? I think that on the asphalt and the I think we can just take action. I do not see any other asphalt per ton prices. So, um I would recommend that we accept all bids uh allowing the highway department to take the most advantageous price and location recommendation.

Second move by Fan, second by Yuing to follow recommendations and accept all bids. Any questions or discussion? All favor say I.

Any oppose? A motion carries. Yeah. Here we go. Get on to the gravel portion of this. My first bidder here for gravel is is Western Construction. Um, hog haven pit. These are all the hog haven pit. I'm not 100% sure where that's at. Surface. Surface.

Is it? This is right. Right at the mouth of the

Gotcha. Perfect. Nice. Um 1 inch gravel base, $13.50 50 cents a ton. 3/4 inch clean rock $20 a ton. 1 in clean rock $20 a ton. And 38 chips are $24 a ton. Our next hitter will be from Joners. We have on the 1-in gravel base, we have the Herm Pit, Canyon Creek, and the Eaton Pit. Um, prices are $13 per ton for the perm pit, $13 for Canyon Creek, and $12.50 for the eaten pit. And those prices are are loaded. Three/4er clean rock from Canyon Creek is $19 a ton. The next bid is from Simon. Okay.

3/4 gravel, Centennial Quarry, $12.75 per ton. The 1 in gravel base from Centennial Corey is $13.15 a ton. The 1 in uh gravel base from Rapid City is $13.25 a ton. And they have also listed a 1 in DOT spectrum rapid city which is $15.40 40 cents a ton.

Is that clean or is that a base? The DOT spec would be a It would be a base. That would be what you put underneath of pavement.

It's not clean, but it it's not a a surfacing stone. Um, they have a 1 inch out of spec from the cost pit of $13.35 a ton. 3/4 clean rock from Centennial Corey is $22 a ton. 1 in clean rock from the Centennial Corey is $1855 a ton. and 38 chips from the Centennial Corey is $21.20 a ton still with me. Still with you. All right. Getting there. Lane 1 in gravel base Rapid City uh location. This is $13.50 a ton. Their 1 in gravel base located at their stockpile in Naval, South Dakota is $21.50 a ton. 3/4 clean rock from Rapid City is $15 a ton. 1 inch clean rock from Rapid City is $15 a ton. And the 38 chips in Rapid City is $25 a ton.

HNS sand and gravel. One inch gravel base is the Brownsville gravel quarry. It's $14 a ton. Uh if they load it, uh if we load it, it's $13.75 a ton. 1in clean rock also at the Brownsville pit is $18.50 per ton loaded and $18.25 if we load it. Okay. Fisher sand and gravel. These are at the state volume court. 1 inch gravel base $11 per ton. 1/2 inch clean rock also state quarry $21 a ton. 3/4 clean rock is 18. 1 inch clean rock is 1725 and 38 chips 2125.

Okay. So, that looks to be it for gravel. And again, I would recommend that we accept all bids to take the post that change price for No, we're good here. to DIC. Uh uh Ty would to take advantage of price and location. Make a motion to follow highway superintendent's recommendation to accept all bids. Second and moved by Ying, second by commer to follow the recommendations of the highway superintendent and accept all bids and choose with everyone's most to the county. All those in favor say I.

Any oppos? N. Motion carries. Bids are accepted. On to deicing. sand. Okay. The icing sand from uh this is from Simon. This would be at the uh Centennial Corey. We have a a delivered price of $28.25 per ton

uh for a total bid price of $113,000. Was it 28? What John? $28.25 25 um picked up at their plant FOB of the plant in at Centenno Cory is $18.50 per ton for a total bid price of 74,000.

Is there a bid bond with that? Uh believe we have a bid bond for any of the gravel.

We don't. Okay. No, I think the only supply we do bid bond on is for chloride. Okay, Pete Lean. This uh location of this is universal drive in Rapid City. Mileage to Lawrence County yard 47 miles. Delivered price is $35 per ton for a total of $140,000. Um FOB of their plant, it's $25 per ton for a total bid price of $100,000. This is the icing samp. participation of bitter sand view pit near intersection of Riverview Road and New Underwood Road north of New Underwood. Total mileage to Lawrence County yard is 74 miles. Delivered price is $36 per ton for a total bid price of $144,000.

uh FOB at their plant. It's $18 per ton uh with a total bid price of $72,000. And I believe that is it for the icing sand. And again, I would like to accept all bids uh taking advantage of the location and most advantageous price to the calendar to follow the recommendation. Second by Tisdale, second by Flanigan to follow the recommendations of the highway superintendent and accept all bids. All those in favor say I. Any oppose? Nay. Motion carries. Is that all of them? Then today is it for deicing. Now we have some paper patching. Um we have a bid from Joners. This is for in place hot mix patching installation would be uh for a type one class E would be $150 per ton. A type two would also be $150 per ton. Just make a note that this would be for anything that we do that we're not going to bid as a project. Um, Sacerson paving um for in place PA patching type one is $157.50

per ton and type two is $157.50 per ton. And again, I would recommend you accept each bid based on location, cost, and timing. Not already plant availability is follow recommendation.

Second move by Flanigan, second by commer to follow the recommendation accepts. All those in favor say I. I. Nay. Motion carries. I do have also this would be our bid for our pre-cast material for rinker. This would cover all of the any pre-cast stuff we have. Um covers, box covers, bridge deck units, any of those items. I'll start at page one. Maybe I just recommend we accept this bid.

That was the only bid. Is the only bid for concrete structures? Yep. Is that the Beetle County or something? No, this is for concrete. I have the Beetle County um for steel structures here. Um but I would recommend that we accept the Rinkerers supply bid for concrete product. Motion to follow recommendation. Second move by Fing and second by Yuing to follow recommendation on the pre-cast bids. Is there any need to look those over? Is there particular specifications that we need to follow or not? I don't believe so.

Okay. If not, I'm sure that you'll make those available to any of us that that want to take through those. Yes. I'll make copies of this and then I'll there will be a copy down here at the house for anybody.

And I'll do the same with the uh with the uh Beetle County bid for uh from it would be from True North. Uh they did accept that bid uh earlier the last month, beginning of last month. We have the their minutes, copy of their minutes. um accepting true north bid for all supplies. That would be steel culverts u steel steel bridge deck units all of those items. So, and I guess I don't even know if we need a motion to accept that. We did. We did already. We did.

Yeah. When we set the bid opening, we also made a motion to accept that bid. We need to do the pre-cast product still. Yeah, you just Yeah, Flanigan viewing made the motion for that. Okay, all those in favor say I. Any oppose? Nay. Okay. Thank you. And that's it. That'll keep you supplied for the year. That should keep us in pretty good shape for the year. Yeah, I'm actually very pleased. I thought I was expecting a little higher on that chloride. The chloride went up a little bit. Not as much as I was expecting, but it did go up. Well, about seven cents a gallon, which is significant. Is that more

that one that we awarded it to? Is that the old Dustbusters one? Yeah, it went from Dustbusters to Yeah. I mean, that's the same one we've had. ZNS started out as ZNS, then it was Dustbusters, and now Envirro Techch bought them all. Envirroche is a pretty large company. They're pretty worldwide. They they have a lot. So, We'll see. Hopefully everything works out good. Copies of this for everybody.

That takes care of all the bids. Uh we need to entertain a motion to recess the county commission and reconvene at board of adjustment. So move. Second and moved by Flanigan. Second by Tisdale to recess the county commission and reconvene his board of adjustment. All those in favor say I. I oppose. Nay. Okay. Motion carries. Next up is the hall road agreement for the Larsson Pearl Pit. Yes. So we met recently myself the legal council Bruce planning and zoning Amber and the Cory operator Brian is here. Mhm.

We went through everything and we I think we kind of captured everything we talked about the last time. Um I know Bruce added a few some third party language in there. I think the only thing that was really left open to discuss is still about the uh the search charge versus actual costs of the pairs. myself, I'm still in favor of just being able to build for actual cost of repairs, fluoride treatments, and things like that. I feel that that that gives us a a better chance of actually getting getting what needs done on the road, taken care of for whatever damage is being done to the road, as opposed to just getting a lump sum of money once a year and trying to to do what we can with that.

Sure. I think that limits us a little bit. You know, if we only get a lump sum of money, I I think it just limits us to being able to fix what we can with that amount of money. If if we have the opportunity and the and we have the the chance to actually bill them for what we we say the damages are, we can recoup whatever whatever we need at that point. I I I think some years it could be in the operator's favor. I think some years it would be an hour. I don't think we'd ever take a chance of losing money on project. Y

I think John is referring to paragraph three on page two of the agreements. That's the reimbursement to county provisional road maintenance. So that would be the the annual fee. And Mr. Chairman, I think Brian is here as well. And um at our meeting he was discussing how he has handled it. I think in the state of Wyoming and maybe you would like his input to see what his experience there is like.

Mr. chair. So, Brian Maring. So, yeah, I think I mentioned this before. Card County, we did this exact same thing. Actually, we don't have a road use agreement per se with them, but they usually cost and uh Wyoming is the same way. We have a bit there that we have to maintain the road on and it works very well. Typically, we find that the counties are very fair with us and We just want to compare the damage that we caused the capital building. So allowing John to bill us directly for what he deems as cost should always makes makes sense.

You need a motion for that and you're you're comfortable not having any parameters on that that you you have a level of trust here that that I have. Yeah, I'd make a motion to that effect that uh we follow the county highway superintendent's recommendation along with uh Mr. March from Crolls agreeing with it. M um there's a second. Bob, is your motion to approve the agreement in its entirety or that component of it? We need the whole room agreement.

Okay. Um if everyone's okay with I would u make a motion for the whole one. Mr. Chair, does anybody else have any other questions about how we structured the westbound and eastbound traffic? I think it's self-explanatory. Um, they would start immediately to uh qu some material, right? And then they would also provide that material as part of the project that we would get for free and they would make sure that there was no cost to the county for the engineering or the construction. I'm going to guess they probably would even bid on the project. Okay. You're comfortable with all this? Yes. Yep. Yep. I am very comfortable with all of this.

Mr. Chairman, I did share it with Brian as well and I think that he was okay with all the provisions as well. And we are an annual review. Correct. Yes. Yeah. So, if it uh the billing for the improvements doesn't work out, we can make an adjustment next year. Mr. Mr. Chairman, there was discussion at the last meeting about whether or not the CP needed an amendment, but after looking at it and discussing it some more uh the conditions in the hall road agreement, I think are consistent with the conditions and approved CU. So, there would be no uh amendment necessary. Commissioner Flag, just going to point out that there is still a pending Supreme Court case that could make this all known. That's true.

Next next Thursday at 10 o'clock at College in St. Paul, the Supreme Court's here in the argument. We have a second to move Commissioner Yuing's motion. I'll second. Okay. And moved by Yuing, second by Dale to approve the Hall Road agreement. I might point out uh just for everybody's information that what the agreement will do is allow uh the pit to open using the West Hall Road. So, it would go up through Home Stake and down to exit two uh until the agreed upon improvements were made to the eastbound traffic uh along Homestake Road there. It needs to be some some work done on that, some widening uh to alleviate some safety concerns.

Completed and approved. Completed and approved to the county satisfaction before that the uh contractor would be able to utilize that east entrance. At this point, it does not include paving uh just ground. Mr. Chair,

the last one that's on page one, it talks about upon completion to county satisfaction, then that travel is allowed. So, we did put in there that it has to be the county satisfaction. Any other questions or discussion? You know, I'll just say that that I can understand there might be some that that don't appreciate the optics of this that the countyy's entering into an agreement with a private contractor uh for some road improvements. From my standpoint, I can honestly say that that this road improvement had nothing to do with with my voting to approve the the travel pit um travel pit conditional use permit. And I think that as a as a county, we need to look towards these uh public private partnerships as as we address some needs in the county. And this road is a road that's uh can be a little dangerous. It's a little narrow. It's been getting more and more traffic uh both from people more people living in that area and recreational traffic. And this is an opportunity that the county has to widen the road to make it safer for traffic at little or no expense to the county. So, uh I think that's a a positive positive aspect of that. With that, all those in favor of approving the Hall Road agreement and opening uh completing the conditional use permit say I

I. Any opposed? N. Okay. Motion carries. Thank you. Thank you for everybody's help. Yeah. Thanks for for getting that worked out in a cooperative manner. Okay. Mr. Chairman here for the next. Okay. Yep. Next up is the variance number.

Thank you, John. Thank you. I would also remind everybody that we are still under the board of adjustment. That's gonna shut us down. Amber, did you get that card to you? Yeah. On my desk. Thank you. I was supposed to bring it last time and forgot. So, I've been in big trouble. See, it looks like we start.

Yes. It's so big you can't see.

Just wave it around. Everybody's in. Okay. Soon as Amber's ready here, remind us where we're at.

Yep. So we had a recommendation or this is a public hearing for variance 220 which is Allen and Nicole Bulmer. Um at the last meeting you guys had not made a decision asked them to go back and talk to each other um that you know you did get an updated letter from uh Nicole and Allan and then just recently we also got an updated letter from Schweitzers. So they could not come to an agreement basically. Um, but in the end, Schwitzers were okay with the building staying where it is and they adjusted some of their own stuff. What it comes down to though, that's not really a reason for a variance. But that's your guys's call to decide if you want the variance to be approved or not. But, and then we did receive one other email, I believe late yesterday afternoon, I sent it to you of another person out there that was okay with it staying as it is. So, for the most part, um I know Eric N had sent an email regarding a road district or HOA

road district. HOA um that basically they don't want to say one way or another. They're they're neutral on the topic. So, that's kind of where it's at. Um landowners are are here that are in the surrounding area. So, it's kind of whatever you guys decide to do with it. Mhm. And I believe we did close the public hearing at the last meeting and this is just a continuence um to give the land owners opportunity and apparently that we're not able to to reach an agreement there. Uh we did receive several letters of of support and I believe we all had access to those when we were able to to look at those. Thank you.

Yes. Uh just a quick reminder, I won't cover it again, but you have the the requirements for approval of a variance, the two-part task, and also reminder that it requires a two-thirds majority. for four out of five. Commissioner, you

um I think due to the fact that uh from what I've been told throughout all this that it was, you know, a mistake, they didn't realize they were into the easement, but they're still on their own property and it seems like everyone around them is in agreement with it. And uh so I certainly think it would be rash on our behalf to ask them to tear it down. It's a the building is done. So I would make a motion to approve the variance. Oh second. They have been moved by second by Tisdale to approve variance number 220 or 220.

Yeah. Correct. Yep. Any other questions or discussion, Mr. Chairman? Yep. Mr. I just want to make a statement and that I'll wait for that to get silenced. Um, she has to buy donuts for the next meeting.

Very sorry. Various setbacks are always an interesting thing to consider and most times especially when there's enough ground to make them happen. I vote against them. The biggest issue that I see in this one is it doesn't it doesn't incur into a public rightway. It is an encroachment in the setback to the neighbors property who has now since basically stated that they don't have a problem with it. So the the party that would be the most injured if there was such a term in this that would apply to this has basically said to them that we're not we don't have a problem. We're we're not going to hold it up. We're not going to hold this over their head. So um the rest of the stuff special conditions is it's already done but that's not really a reasonable order again or but I think I think under the because the neighbors have expressed not wanting to be a problem or or trying to work with their neighbors and then deciding that it's it's not that big a deal that I I feel better about the approval of Yeah, you know, through this whole process, we we've had a lot of uh correspondence. Um I have no reason to think this wasn't an honest mistake on how these survey stakes got moved. When the measurements were taken, they thought they were in the right side. Um really, it shouldn't have happened though. I mean, the way I look at it, if you're going to do a large project like this, a survey is not very expensive. It's a small percentage of the total cost and it would have saved a lot of a lot of stress. I'm sure there's been a lot of stress for the homeowners through this process and all those involved. Um, and I believe that the planning and zoning is now going to require a survey a site survey done on these projects that are anywhere close to a property line if I'm is that how it's going to

we're going to try until someone fights it. It's not in the ordinance. So, we might we might have to get that'll be upcoming ordinance change that'll come later. Yeah, this meeting. Yes. But uh you know the other the thing that's bothered me in the whole thing I don't want to to send the message that it's okay to beg forgiveness instead of permission. You know this this happened this time. Um depending on the outcome it might not be the same outcome next time. Uh we should probably do a roll call on this. Tisd. Hi. Yui. Hi. Homer. No. Flanigan. Hi.

And James. Hi. Was a 41. Yes. Okay. The variance is granted. Did you have a reason? Did they give you a reason? I have the um the um SDCL 11253 um that I think they have to A, B, or C. That's how we've done it in the past. We need to pick why we're which item do you think that this meets? I'm assuming a all of them. They have to meet all three. No. No. Which which fits and it's conjunctive. Yes.

Perfect. Okay. That one is done. Um, we have CP499 for Mark Wine Master and Steven Wes. Sprinkles 7 o'clock.

Well, I'll save you one, Brandon. All right, you're ready. We are ready for 4.99.

Okay. Um, so Mark Wein master submitted a conditional use permit for a private campground. Um, and in this scenario, it's on 4.21 acres off of Nemo Road. It did go through the planning and zoning board. Um, and they recommended that basically they made no recommendation and it was based on the fact that they did not feel it even needed an application. Um, we've had this come up in the past. This is for their own family members. It won't be open to the public. Um, and so with that, there was a motion uh to recommend to the board of adjustment that no conditional use permit is needed based on the campground definition for SDCL 34181 because it is because it is not being used for public use. Um, and talking to the land owner, he decided to still come forward to the board of adjustment because he would like to know, you know, what the board of adjustments decision is so he knows how to either go forward or not or what what the deal is. So we continued through the application. Um there has been a number of letters received. You guys did get copies of all those. There is existing conditions in here that we had put together based on other campgrounds that you guys have approved because this would be the normal procedure that we would do. But ultimately whatever decision you make one if you agree with the PNZ board and don't do anything then you won't do anything with the CP. Therefore, there wouldn't be any conditions on it. If you would decide to go through and require a CV, then you would have to look at those conditions and decide if they're okay or not. Um, there are some things within there that I don't think meet, but we try to stay, you know, consistent from everyone and then you guys decide what

you want in there and what you don't want to see in there. Um, so I guess ultimately that's probably that decision. Um, it all of the letters, you've received everything that we have received before. So, they're all in there. There's a number of people here in the audience that I know want to go through the public hearing process if you choose to do that. I guess I don't know. Mr. Chair,

I was going to acknowledge too that Amber noted at Planning and Zoning that she has well, she disclosed that I think it's her mom's cousin is one of the applicants here. So, that's been disclosed as well. So, you're aware of that as you consider. I don't think it's affected her, you know, her recommendations or dealing with this at all. I I just point that out. Um and well, I'll wait, but I was going to draw your attention to the definition of campground. That seems to kind of be what the focus is, but whenever you're ready. Yeah. And so yeah, if you could go through that definition because I think there's maybe some ambiguity here between a public or a private campground and how that affects the se.

So our our definition of campground, I think, is exactly the same as what is in state law and it's in Amber Staff report on page one. I might just raise a quick light.

Okay. Um, you know, it's it's a it's a plot of ground for public use upon which two more campsites are located, established, maintained, advertised, or held out to the public to be a place where camping units can be located and occupied as temporary living quarters for children or adults or both. Camping units are considered to be trailers, tent campers, campers, tents, and recreational parks. dramatic cause uh trailers or other equipment that that may be used etc etc. So, um I think if you the focus of the planning and zoning discussion was on the first part of the definition was a plot of ground for public use and sort of stop there because as proposed I understand this is going to be a private campground not to be advertised sort of a friends uh relatives and family type of fair. Is it like seven units ultimately? Um just to highlight too I think that they're planning on doing a central a central and engineered central septic system as well. Is that fair Amber? um we wouldn't know that yet because normally at buildout they would have to have the engineer come and look at it and the engineer would determine what is required

and uh so um I don't know that we defined what a public use is. I just did a quick look um I think there are a couple things you might think about uh that it's held out to the public uh andor there's a public benefit and uh I don't know that it's up to you obviously that in either case that this public use is going to be either of those. Uh, so as Amber described, if it doesn't meet that definition, then it's not a a regulated campground. It's a private campground for now, unless and until the operation would change or we would discover that that it is being held out to the public. Does that make sense to everybody?

Yes. So, I think the question was that that if it's a private campground, it does not need a conditional use permit. And if it gives us and we grant a conditional use permit, it then becomes a public campground, doesn't it? When It could be. It could be. Yes. With anything with any amendment to the conditional use permit or because do we have a conditional use permit for a for a private campground? No. No. They don't need a C at all for private. Right. But if you would approve it, then you're saying it's a campground according to the definition, which is public use, and then you would have to approve conditions and right all of that stuff.

Yes. So one of the letters I think pointed out uh our definition and I I'll summarize it but I think the idea was is that definition that we derived from the state uh what it did it was good for achieving the state's goals for regulation but not necessarily good for the county in terms of its regulation perhaps so but it is the definition that we have at present right so we I think that that is the operative definition that you have to go by and we can look at changing it if if you agree that you need something different, but it is what we have.

Okay. Well, this is a public hearing uh time and place for the public hearing for anybody to uh provide information. Uh we'll give the applicant a chance to to chime in if there's any more clarification that they would like to do on top of the staff report and then we'll allow proponents to speak and opponents also. I would just ask that as you rise, if you'd give us your name and address for our minutes, it would be very helpful. My name is Mark Wine Master. Uh I and Spartner are trying to put this little deal together that's turning into a lot more than what we thought it was going to be. But uh yeah, this is going to be just private only. My brother lives in Rapid City. My daughter works at the FSA office in Rapid City. I mean, I've lived in Colorado for 20 years. Before that, I was born and raised in Martin, South Dakota. We've been coming to to South Dakota for 25 years, enjoying the hills and stuff. Um I and my business partner, we both still work. So when we have some time, we would like to be able to come up and just, you know, enjoy the trails, come to Deadwood, you know, eat and have some fun. Well, if you don't have a place to go, everything's always booked up. you can't you can't do that. So, him and I talked and we decided we'd buy our own and we would just have it for our own private use. And that's our our whole realm is this is for private use only for us and our families.

As I recall, there's a a garage building out there. Is that right? There is. And that would be what you would intend to use as sort of the central gathering place. And um uh I think we talked about that planning and zoning that you realize that they're going to be individual campfires. You're going to it's in the fire protection area, right? So you need to get appropriate permits from the Forest Service as well. Yes, that was a concern that was raised. Gentlemen, uh coming from Colorado,

we are permitted to death in Colorado. So I'm very well verssed and my partner does uh oil field and uh residential and commercial dirt work and stuff. So we we do know what all is entailed, you know, as far as permitting uh engineering, anything that we need to do and we're fine with doing that. That's not an issue. That's true. As I recall too, you have an active uh security system out there. camera system that you get real time alerts. I do. And so if you're not there and somebody else is there, you can monitor what's going on. Exactly.

In fact, uh there was a gentleman was cutting through the property and was going to the neighboring property to cut trees. So I called my son-in-law who lives in Rapid City. I said, "Hey, there's a guy just drove through there. Drive up and see what's going on." So he jumped in his pickup, drove up. Well, was a real nice old fell and I'm going to talk to him here later. He said it was just easier for him to cut through there to go cut the trees and stuff. And I said, "Oh, that's fine. I don't have a problem with that." I said, "I was just wanting to know who was driving through the property." So, and I granted him permission and access to drive through to access the neighbors to cut the trees.

Okay. Anything else about the campground? Proposed campground. It's going to be closed probably 70 to 80% of the time it will be locked. Okay, that's that's probably right about it. All right, thank you. Thank you. Any other proponents either in the audience? Um, just a couple of points I wanted to make. Not if you give us your name and address, please. My name is Deborah Meyer and my address is 12354 Bench.

I own the property to the west side of Mark. Um, I'd like to see if this is approved. Um, I know he's intending to put some fencing and whatnot. I would like to see a survey on the property. I don't believe there's one current survey on the property to identify the property lines. There's I think there's been some confusion in the past with previous owners because I see fence post along my property within my property. So, I have current um surveys, but I'd like to see them at least at the very minimum do a survey. Okay. Um, also just my own personal opinion. I just don't um I think a campground in this area is not a good idea. It's a residential quiet area. Neighbors are not appreciating it. So, I just want to make that clear.

Okay. Thank you. Uh, anybody online, if you could uh somehow let us know that you'd be interested in in speaking, give us a raised hand or anybody else in the audience. Okay, I'll close the public hearing in that regard. Leave that up for the commissioners. You have any questions? Commissioner, you

no questions. I just I think I don't think it does require a conditional use permit. It seems more like just an opportunity for the family to have a place to go. So, I don't know that. And it sounds like they're going over and above on putting in a a sewage system and everything, you know, to accommodate their own. So, I guess I don't see it needing a conditional use permit for private use. Commissioner Fisk.

Yeah, it's a land rights issue. And if you just look at our regulations for ordinance two or more, we're open. If we create a need to have a condition use permit on a private campground, we're going to open up a can of worms down in that area with people having two or more family members show up and they get a we get a complaint. Pretty soon we're down there more than the sheriff already is. So, I don't think it's necessary. I appreciate the fact that he wanted to do it as absolutely right as he possibly could, but uh no, I'm not at all in favor of doing the C on this thing. That's true. Mhm.

I think was also discussed and pointed out that there'd be an opportunity there for them to put a McMansion in something similar to what's at Powder House Pass. So, you could have a five bedroomedroom, five bathroom um house up there as well with all kinds of folks. And uh at that point, you know, there's would be no regulation on that either. I don't know if that's helpful or not, but that was kind of a discussion point. Of course, they have to have an engineered septic system and so forth, but talking about that here, too. Any other thoughts? There was a plat or a survey done in 2017, so it's not that fully. Okay.

Just to answer that question. Okay. There are pins on the property. Um the little metal caps. Yeah. But Amy checked real quick and she said there was a current one. Okay. Yeah, we do have a current it's listed.

Anybody would like to do a motion welcome time. Mr. Chairman, although this is still board of adjustment for CPS is a simple majority. So three out of five. It's not the super majority. All right. No. Well, here's a question. If I could procedurally, if the board, if it's determined it isn't doesn't need a cup, doesn't the county commission make that decision about the board of adjustment? The board of adjustment will take action on a conditional use permit if we're deciding if the commission says we don't need a conditional use, that become commission.

I think it's still board of adjustment because it relates to the C. I I need to lump all the CU decisions into one basket. I think fair question. I'll make a motion that I don't feel a conditional use permit is necessary on this. Well, you like that statement right there. Sure. Doesn't meet the definition. Doesn't meet the definition of SDCL 34. I think that's what I said. I just got You just need to say it a little louder so the microphone can hear. Second that. matter what the South Dakota law. Yes.

Which is of course our our definition as well. Yes. Okay. It's been moved and seconded that uh this application does not meet chapter 19 of codified law uh requiring the use of a conditional use permit. Any other questions or discussion? Not. All those in favor say I. Any oppose? Nay. Okay. the uh you need to do it just four to one. One. Okay. Majority of 4 to one. Uh we have deemed this is not necessary for use.

Okay. Thank you. So then we are down to get grounds reports and reviews still board of adjustment. Yep. Yes. Jeff Jeffrey starting with 28811. Yeah. Morning. Morning Jeff.

Um I have three today. Uh just two are cancellations. One is first one is 288-11 Jan Caberna. This is big mama's. she decided she's had enough of that and um she uh attached a little note from her saying that she wanted to have it have it have it cancelled. So uh we're just asking for a motion to cancel to a 3D11. So moved second. And to clarify it's only not home camp because there there was two conditions88 just so you know. So, it's just the bar area, not the actual campground.

And you can separate that out without having an add initial number or Yeah. 28811 was just Big Mama's, but 288 is the campground. So, they are different. So, they are different. Okay. But I just we had a couple people question that. So, I just want to make sure I did the campground still in existence. Okay. I think it was moved by Flatigan, second by Tisdale. I got that order correctly. Uh to cancel the CUP 28811 for Big Mama's All those in favor say I. I. Any

oppose? Nay. Okay. Okay. Second one I have is for C 400. This is a gravel pit for the Evans pit. And as you can see, there's a letter attached to request of an end of life closure for that pit and cancellation of that. and approved. It's been moved by Tisdale and seconded by Homer to cancel or to allow that conditional use per bit to be cancelled. What is the process here, Jeff? Do they reclaim it after the CU's canceled or is there a recruited reclamation as part of commission use and has that been done?

Their reclamation goes through the state. So, we've never wait until we get something from the state that they're done, but never have in the past. We've never guess leave it up to you if you want to.

The state does they usually go through. I'll withdraw my motion actually until we have something from the state. We have something from the state. I would for complete closure I'd wait till the states my opinion. So does the state I'm assum is going to release the reclamation bond if the when they're done we'll deal with that next week. Okay. Fair enough. Okay. Do we need to do anything the conditional use permit? We'll just continue then continue on and and Yep. and then Jeff can check with Kent and then Kent can provide a copy. And usually I think if we get something we get sooner or later the state will send us a copy of it. It may take it may take a little while but we but then we can just put it back on the agenda for that.

Yep. I'll be able to see if it's reclaimed also. Yep.

Fair enough. Uh last one I have is for CP48. This is JCJ for campground. If you remember they had a and he is with us to speak with you. They had their uh lodge building burned down and they had asked for an extension um to decide what they were going to do, either sell the property or build a new one. Uh they had until the end of February. We did get the request after it was uh past the time I could put on the agenda for in February, so that's why it's here. Um but um they are asking to get a couple months of extension. I'll let him um do the request for what they're looking for in leading up to

commission. Jeff, you can go ahead and speak if you want to. I don't know if you're still there. Bruce's doing

Okay. Thank you guys. I appreciate you listening to me. Yeah, we Well, you know how kind of battle it's been, but we did get some direction from the insurance company and payment before the first of the year. We uh still are we have it for sale obviously. Um but if we don't get it sold by May, June, we're probably going to proceed with our plans. Um we've cleaned it all up. I cleaned it all up last fall. Um all the debris and stuff. Um just asking for extension to so we can kind of regroup. We haven't had a whole lot of time this winter to kind of discuss what we want to do. But like I say, if we don't sell it, we're probably going to proceed with our original plans.

And that's probably about it. I think this is the property east of town here up on the hillside. Correct. um up next to the city property there. If you're you remember I think my only concern with it is, you know, they if they come in and do a new development plan and and do that, that's fine. I do have some concern if they sell it and someone else comes in. I don't think the CU should just transfer automatically because there's never anything there to transfer. I think that person would need to do a new,

you know, plan or something so that you would be starting over per se with what is approved. Just a suggestion. Yeah, I think the CP would be canceled upon a sale or I guess they could come in and ask for a transfer. They could ask for a transfer, but I just think we need to be very clear that the old plan would not transfer with it. Month extension comfortable for you? Yeah, I'm fine as long as like I said just the transfer process. I could see that being an issue that they just assumed they could do whatever was there and that may not be the case. No, I I understand Amber that. Yeah. That it would not transfer. Okay.

But it's written in the original cap that it could transfer. You guys, we would still have to bring it forward to you. Yep. With approval for for the transfer for approval. Yes. So, what are we being asked right now? Well, right now he JCJ would like a two-month extension to see if it sells. If it doesn't, they're going to come forward with a new development plan is kind of where they're at. But if it sells, then we'll be having a different discussion. Yes. Either way, it'll come before us. Yeah. It'll have to because it's a brand new there's nothing left there now. Yeah.

Motion to approve the two month extension. Second. Uh so the two months would be March April. Is that correct? If the original was till the end of February. Well, I think you would be extending it from today. So from today I was I was thinking the May the first meeting in May. So May 12th May 12th would that that would be is that okay with your motion? That will work. Yes. Sick. The move by second by Flagan. I believe that uh the cup is granted an extension until May 12th um which time they need to have building plan or or assault. Something needs to have happened by then.

Okay. Any other thoughts? All those in favor say I. I. Nay. All right. Thanks, Jeff. Yeah. Thank you guys. Oh, have a good day. That takes care of me today. We entertain a motion to adjurnn as board of adjustment and reconvenes county commission. So move second. Moved by Yuing, seconded by Tisdale to adjourn his board of adjustment, reconvene his county commission. All those in favor say I. I. Any oppos? Okay, we are back on as county commission and up with 20 26-14.

Okay. And as normal, Dave Peek provided his weed report. So that's always the first item. Um, the second one is for Justin John's and Joetta Dickert. This is out on Galina Road. It's a lot line revision and fire plan exemption. Um, basically with this, it's it's just a changeover. It's all taking place. You can kind of see this insert. They're swapping this corner for this corner. And it's to do with the existing driveway coming into the house. here was on the other person's property. So, they're swapping the two corners. So, it's this little piece for this little piece. So, that's why there's this is the old lot line. So, it's cleaning up a driveway and entry issue, we'll say,

and making a ridiculous lot line and making a really weird lot line. Yes. But it serves their needs, apparently. Yep. Anybody have any thoughts what we should do with that? Do you understand where the where the line is? It's a little confusing. If you look at the inset, it's a little motion that it's exempt. Second. Okay. It's been moved to make this exempt by Tisdale and second by Flanigan. All those in favor say I.

I. Any oppose? Nay. Okay. It is exempt. We're just trying to clean up an area where the one landowner has been parking on the other land owner's property and I believe had a dumpster there also. We're just trying to to straighten up that lot line to to make that uh so it's motion to approve the preliminary file. Second move by Tisdale, second by Yuing to approve the final. Any other questions or discussion? All those in favor say I. Any oppos? Nay. Motion carries. Next up was

Eddie Plat 265.

So this one is also a lot line um change. Basically the kids are starting to kind of redo the lot lines out there so they all get something. Um this is the old lot line. It was on this side of the road. There was a barn that sits down here. This is going with the tracks on the other side of the road. And then it changes these ones here. They're all being kind of combined. You can see this is a former lot line. They're both getting a half of this. And then um John Bay, as he's been doing, he's requesting the actual Brownsville Road to be dedicated over time as we're seeing new plots out there. So, this kind of cleans up that road dedication. So, you can kind of see what's going on there.

So, no change in the number of lots. No, no change in the number. Just kind of moving them all around and getting basically some of the mineral survey loads around the other side of the road. So, it just cleans up both sides of the road. The road is the delineator now. That also gets the road in the rightway. Yep. And then it gets it as dedicated public. So, it'll come off their tax roles. Motion make second. Then move by flag and second by Tisdale to make it an exempt property. All those in favor say I. I. Any oppose? Nay. That is exempt. Have any thoughts on the preliminary and final plat? Most to approve.

Second. Moved by Flanigan, seconded by Yuing to approve the preliminary and final plat. Any discussion? All those in favor say I. Any oppose? Nay. Okay, that motion carries. Next up, I believe we have a powerhouse review drainage.

Um, and Trent is here from A2S to kind of help walk through this. So, this is leftover. Um, about a year ago, we had seen some issues with drainage out there and it came about with the um, search and rescue building was kind of how it was determined. And then there was also a neighbor that was having some pretty significant drainage into their property. Um the road was causing some issues and so they've slowly been, you know, fixing those problems. The road is pretty well done now and it's looking pretty good. Um they had started work on the trenching between their property and the one neighbor. Um, and as part of that, because we noticed they were starting to work back there, I had sent a reminder saying, "Hey, we we haven't approved the new plans yet." They were getting them together. We got them all. So, the technical memorandum came in. And what this is going to do is it's going to change the original drainage plan that we had out there. Um, which is pretty normal when you start seeing development occur. You know, you end up having to move some stuff around and change things. And so they went back through that area specifically. So we're behind Michelle Jacobs properties, you know, kind of. So it's Brown or not Brownsville, Black Forest Road. There's Michelle Jacobs is over on this side. You have the new um buildings going in, the commercial kind of units going in. And then you have the what is the neighboring I can't remember the guy that had the drainage problem on the back.

Um Kurt Kurt Kurt Horseman.

Kurt. Okay. He's on the back side. Um, and then there's kind of a natural drainage area around the search and rescue building. And so there's all these structures out there that we had to kind of readjust. And they're looking at putting a pond area, drainage pond in um kind of on the back side of Jacob's and the the search and rescue building. Um there's a lot of natural drainage in there already. So they tried to kind of get the drainage to go to that natural area, which makes the most sense. Um so as part of all of that, we had them do a full technical memorandum for you. Um and then you we would be asking that you approve the new drainage plan specifically for that area. I know John's been out there periodically to check on stuff to see how it's affecting, you know, Brownsville Road and all the roads and stuff. And I, as far as I know, he's okay with it. I guess I I don't know if he talked to you at all about it when he was here.

Yeah. So, I mean, he's been kind of watching things to make sure it's going okay. Um, I did not hear anything from search and rescue, so I'm assuming they're okay with it, but I don't know that for certain because I have not heard from them yet. Have you had any discussion with them with

Yeah, before we put these plans together, we did talk with Paul Thompson and a few members of the search and rescue. They were so the original drainage runs under one of their buildings under a pipe. So, what they want to see is um we're turning it towards the powderhouse property and the powderhouse is going to put that ditch on their property and get it to driveway that way. It gets it away from the search and rescue property and That's one part of the plan. Yeah,

there's other facets in there. It's a lot of clean up, finishing up that phase four. That project's been closed out. However, these are some final items that need to get done properly draining that. And I assume this is a dynamic plan that can be changed and amended as as the need arises. Yes. Yeah. Um, did this get sent to the state? So, the state had couldn't look at it um because there's no water. We could send it. It It's still wrapped under the phase 4 um permit. Okay.

So, yeah, I could reach out and just let them know, hey, that this is here. So, so basically, it's because they're not diverting a creek bed or, you know, I mean, they're not doing anything. Yeah. So, they don't have to do that. But I know that question had come up by some of the adjacent land owners. Yeah. And I just wanted to make sure you knew of it. It does not have to be approved by the state.

Ultimately, what it comes down to, if we see an issue with drainage onto an adjacent property, the adjacent property can then go to powerhouse and say, then we can you can't do that. You can't be draining onto someone else's. Um, but we do not have any specific drainage laws in Lawrence County. That question comes up a lot. It all is mandated on what the state laws are. So that's kind of where it's at. But there I feel like this plan is doing the best they can to modify the drainage areas and the issues that we were having. Okay. Any other questions? I got one. How can we design it to the 25 year and 100year storm?

So there's so the county has a 25 year requirement. So what we did design to the 50 year if you look later in that report on the graph. So it just shows that we designed to the 100redyear no the 50year and then in a 100redyear event it shows what happens in a 100redyear event. It only releases so much flow which is far less than what's being currently flowing through there without the pond. So, we're taking that water, storing it, retaining it with the pond area and the dry wells, and then it infiltrates and then it only releases a certain amount of water, right? But I don't see anything about 50. Where's that one? I believe it's just 2500.

Yeah, it's just 25. Maybe it's Yeah. So, the county requirement is a 25. Yep. Sorry. So you design to the 100year most we design to the 25 to retain the water for a 25 year and then in a 100year event which that's a county requirement in a 100redyear event we also show what happens in a 100redy year event and you can see that the cubic feet per second is only 1.9 in that event. So it's a really low flow because we don't want to cause problems downstream. So we show that 100year event as well even though we're not required to retain 100% of that water.

So the retention pond will hold a 100redy year event so it can slow slowly drain out. Is that what you're saying? It'll hold but 1.9 cubic feet per second it comes out which is under the threshold that we need to design. If you look on page 205, it talks about the retention pond will include a spillway designed to safely convey storm events exceeding the 50 design. Well, that water that goes right directly underneath the search rescue building, I think they mentioned it, it'll be diverted around there. Is that right?

Yep. So, right now it goes northeast under the building. It'll go northwest onto the powerhouse property and they'll have a drain easement on their property. This would require later we would need to fill out a drainage easement for the search and rescue property because there'll be a short ditch in that. So that would it's kind of interesting if you go out there to see how that was the building was placed right over the it's like kind of a loaded gun right at right. Yeah. Built so this will be better. put some dirt in with a pole under or a pipe underneath the building. Yeah, it's about this big room. It's quite interesting really.

So, yeah, I point that out that right now with all these improvements, there's a big a big event that building I don't know what happens. It's like literally it gets hammered, doesn't it? Yeah. Yeah. And so, this this helps out search and rescue quite a bit. This is what they prefer, the search and rescue folks to get it away from their garage building, not their main office buildings. There's two buildings out there if you're familiar with it. So, this is our near the garage building where they have their I think they have their uh snow can in there, the equipment. Yeah. So, we'll be looking for a motion to approve yes this drainage agreement

and basically it's because it is updating or changing the plan that you originally approved back in 2005 with the drainage plans at the time. Second and moved by flag and second by Tisdale to approve the drainage agreement as presented moving the 2005 plan. All those in favor say I. I. Any oppose? Nay. Okay. Motion carries. Thank you. Thank you for coming up. Thanks John. Next up is a request to wave reduce the company. Mr. Chairman.

Yep. Beth is here. Beth, you want to have a seat there if you would? Um earlier I I I shared some information with you. I do have hard copies if anybody wants to look at it again. Um I don't think

uh if I can just offer a quick summary. So uh that that was here to talk to you about uh a lean that she's been paying on. I think the current amount is $19,69941. Um I think her most recent payment was in January of this year. I think it reflects that. Um, and uh, and if you you note that I think the last time that there was a charge on the account was going all the way back to 1998. So, I'm looking at page three of of the information. Actually, it says page four at the top. It's we're missing page two. Um, uh, so with that, Mr. Chairman, um, um, I I I would I would defer to Beth for her comments and her reasoning. Go ahead. Thank you for coming.

Um, yeah. I don't know really what to say. Uh, I've been I've been um my first charge was uh uh for um my one son in uh November 4th, 1987. And uh you know my children may have um mental illnesses and they got I'm in a lot of trouble all the time and um and then there there's there's some on uh oh court of appointed attorneys and all that and and The way it is is um uh I think I'm going to be 73 this sockets. I'm trying to figure out how old I am or how old I'm going to be. But um I have problems and cataracts and I haven't had glasses in four years and inflation and Medicare. I do regular Medicare and uh bills are going up and stuff like that. And I've been paying on this since 1987 and my house isn't worth a whole lot of money. I mean, it needs work and stuff and I'm not able to do it or have work done on it. Um, my knees are bad, my heart's going bad.

Uh, my second stage, uh, heart failure. Let's see cardiologist on the 23rd. Um, so, uh, I know my my, uh, my children don't have a lot of money. I have my daughter. She lives with me and she's on SSI and so social security. She didn't get a lot of money and I get the social security off my my one husband that I was married to uh for over 10 years. So I I get financial assistance for the for Monument Health and I I get food stamps. So I'm a really low income. And uh what I was asking if if the commission would please consider uh uh

waiting.

Yeah. waving the the money that I owe to the county on this. I I have uh things on my house that I've been hanging on to and I have to get rid of and I have a hard time going up and down the stairs, you know, and so with the county we're going to take over the house when I grow up, which I don't have insurance or or burial insurance or anything. I mean, it it sure would be a lot of work for them, I tell you. Um, but uh I don't know what else I asked.

Anybody have any questions or thoughts?

Repayment plan. Was there a prepayment plan set up or is that uh just voluntarily making payments? How does that work?

Well, um I I was um making small payments and then I I forgot, you know, and then I guess the the county was supposed to send me notices to to let me know that that I was behind. didn't this was a long time ago and they didn't do that and then I went up there to see about what I owed them or I don't know I started getting these things I really can't remember and I was giving them $20 a month and then I was giving them $30 a month and you you know, but I'm not going to be able to finish paying this off cuz, you know, it's and uh when I was uh divorced or the kids turned 18, I think some some of the kids said they had they had to pay their share their share or my one son, he the father wasn't responsible for him by the state because uh uh it because he wasn't his biological father and so father lived in Illinois but he's died since then and uh then I had another son by him when he was 19 and I think I think he tried to pee. I can't remember. I haven't really gone, you know, go over each and everyone.

No, that's fine. Uh, just a a question, Bruce. Does the county have a lean on our property now? Is that what I'm understanding? Yes, we haven't turned it over to collections and and I should add that SDCL uh 23A 4014 allows county commissioners to enforce, foreclose, satisfy, compromise, settle, subordinate, release, or otherwise dispose of the lean. Okay, that's a statuto authority. Mr. Flanigan, I was going to ask Mr. out to what what are the possible options were that we have today in front of us. And it sounds like everything from foreclosure to forgiveness. Yes.

And anything in between. Mr. Young, the county hasn't imposed any any uh interest on any of this over the years, have they? No, not it's never been turned to collections. So they're not making payments, not collect and not acrewing interest. The debt's just there. You plan to sell the house?

I not not in the condition that I'm in. I I I don't know what that when I find out about my heart, you know, it's uh and I read about it, you know, on these uh sites, you know, like gosh, John Hopkins and clinic and some other, you know, ones that you don't get fake information. And what what happened is my um I don't know if I'm going to need surgery or not and I don't know how long a person lives. I mean I can go from stage two to stage three and

that's not very good. And I'm older and and uh I have diabetes type two that I just contracted a few years ago. And I haven't been able to get glasses. I I have cataracts. You know, I don't see very good. And these glasses are older. I can't see out of my newer glasses, but I still can't see very good. Okay. Is it? Yeah. Go ahead.

Um, so if you decide not to compromise the amount at all, um, I believe that the lean stays in place and so when and if the house is ever sold, uh, that should get picked up by the title company and with withheld from the proceeds and remitted to the county. It's not that often, it seems to me that that folks who owe the county money actually have assets that that it happens, but we it does happen from time to time. Does it does it make sense, everybody? Do we know if we're first on the list of leans or don't know that I do not know that the title company sends payment of

what would we like to do with that? Not sure yet. So, and so while you're thinking um the count um the county auditor's office doesn't require any kind of monthly payment, minimum payment. usually is just do what you can and uh as you've seen Beth has been making some payments right in the payment history. Um, so if if u this is not one of those accounts that we would turn over to collections, so goes the collections. They they they charge interest. Uh they would also sub possibly garnish, you know, benefits or wages or things. Um but we wouldn't do that because nature of the nature and the age of it,

right?

Yeah. My garage is start to lean towards me. I found out last year when I was doing some digging around the one part of the end of the garage and it looks like trees are growing under it and they were that's what's making it lean and um you know I can't dig what you know because of my knees and the doctor says well your knees are bad surgery and I don't know when I'm going to have that done but uh I There's a way to get the garage to go back the other way, but it uh needs to work and stuff, but uh my one son, he's not interested in the house at all. Uh my daughter's not interested in the house at all, but she lives there. And if if something happened to me and she had moved, it's like where's she going to go, you know? I mean, we have she doesn't she doesn't want to think that she doesn't want to think about it, you know. Uh and and my other son, he lives with his dad, but he's been out of work for a few years and you know, he would he would wipe the house to fix just tear everything out of it and fix fix it new. You know, he used to be in construction, but he's he's developed mental health issues pretty pretty bad. than that. And

so, uh, what what happens to the lean if if the ownership of the house transfers to a daughter? Interesting question. Probably wouldn't pick that up because they wouldn't look for a title company, but then the daughter had it, if it was ever sold, potentially then stay on the property. Yeah. Yeah. It would follow the property until it satisfied her. There's not enough.

Yeah. She's 56 years old and um she doesn't get very much money. She doesn't do anything, you know, like she doesn't help me to fix anything or, you know, she's fibromyalgia. She's mental health issues been inherited from my grandmother on my mother's side. And uh are you have a lean on your home or is it paid off? Well, the lean is just on the county. You don't have a mortgage? No, I don't have a mortgage. And

you own your house free and clear? No, I have a lean on the county basis. If if if something were to happen to me, uh I can't remember. Um, the it would have to be the lean would have to be paid off by my by my children and or whoever was going to occupy the house and then and then they would be able to move into it. But um they don't have their need. Mr. True. You know, they can't go to the bank and say, "Hey, can I have a loan?"

Yeah. They're they are not. I checked with Deb and she's online too and I think that um that Beth is current on her property taxes. I think she does get the elderly tax freeze benefits from that but I think she is current on her property taxes. Is that correct? Yeah. So it's not causing any monthly harm. It's not adding up your debt. It uh no intent of selling it. So, it's really going to cause any other harm rather than sitting there, but yet we're protecting other taxpayers money by keeping the lean on the property. Is that that kind of where we're at on this thing?

That's the way I would see it. I I'm I'm sorry that your children have put you in this position, but uh I think as is our duty working for the county, we need to keep the lean on it and uh as long as it's not causing you harm and monthly bills and things like that. So any healthc care is taking care of Medicare as you've discussed. So I make a motion to leave it as it is.

Okay. So uh the motion then would be to deny the waiver. Correct. Would dare any I could have a reduction. I'll second it for further discussion. Okay. It's been moved by Tisdale, second by Yuing to deny the request to wave or reduce the county lean. Um, so you're a reduction for the total because you there's no minimum payment now. Yeah, but I did pay them every month because they they want they want something to be,

you know, put down on it and and you know, the the house isn't worth that much. I just got something from the equalization department and it went down on property there about $110,000 and um yeah, go ahead.

Mr. Chairman, just thinking as you're contemplating the motion, uh been around for quite a few years and and these have come up from time to time, not too frequently, but I think I remember one time that the county compromised the lean. I can't remember exactly what the circumstances were. uh your policy has typically been to deny them. Um just just for context, that doesn't mean that you have to do that now, but that's what you've done historically that this board has. So, let's deal with the motion that's on the table now, which is to to deny the the waiver to reduce the the county lean. Uh I assume there's no more discussion. All those in favor say I. I. Any oppose? Nay.

Okay. And then other action you want to take on this move on. Potential question would be if you're going to reduce it at all. Yes. If at all

possibly would require an affirmative motion to do that. Mr. Chairman. Yes. Just to clarify, we have not put there's not been any interest added. It's slowly just even though it's an old debt, there still isn't there isn't any additional penalties or fees or anything on that. So, I mean, I would I would generally be generally be in favor of waving those kind of things, but we don't have anything on it like that.

Yeah. A lot of the expense was was when my children got in trouble and they were on the chins and I had to get a lawyer for them and I had to get a lawyer for me. And then uh when they were in JBC the I had to have put a lot more lean on it because the the cost of living in Lawrence County compared to you know if they were in Pennington County that it costs would have been a lot lower for JDC. Um you know ju the juvenile detention center. Um my kids are uh the youngest is about 45 and then my daughter's 56 and my other son he was the one in 79. he was in Washington state and uh you know it's if if I were to die I mean I got all these problems with me and stuff and I don't you know I'm I'll never be able to finish paying on this and well the countyy's not set up minimum payments so we just ask that you make a good faith effort towards it so

what you when you can and then and then if something happens to me then what then your children don't get as much money basically they they would settle the lean and then they would get to but to settle the lean they they would have paid for correct no it would come out of the proceeds of the sale of the house at that time so so Mr. your so so everything in that I have in the house that you know I'm kind of sentimental and I h on to a lot of things

that has no effect on your personal items just just the property just the property so you've done everything you can do to take care of everybody your family and everyone so I think you've done your part and this doesn't harm arm you. So, I think I just enjoy your time. Thank you for coming in though. Okay. Well, thank you for considering this.

Mr. Chairman, Beth and I talked, she asked if she'd come in and I expressed to her that I could present it, but her in her own words would be much more compelling than I could do. So, I appreciate the fact that she did come in here uh to visit with me in person. Yeah, I don't I don't know what to say about just Well, you just continue to pay what you can when you can and there's no interest on it. You know, nobody's forcing you to do anything. So, just do what you can.

But if the if something happens to me, who does the house have to be cleaned out to get sold? Normally that normally that would come up with the family members would have to gather together and take care of your items and and your keep sakes. So yeah, you're relying on your children for that. County wouldn't have anything to do with that. The county has no interest in your personal your pictures and I even know be able to get together to do that. Well, they're going to have to do that whether there's a lean or not.

Yeah. So, they have to empty the house and then it gets sold and then they have to reby it if they want the No, that's You're worried about foreclosure. And the only time that the only time the county would collect the lean is at such time as it would be sold. Yeah. We're not forcing the sale. The county will not force the Well, we are current we're not forcing the sale. So, if If it just went to your daughter and it never was sold until she decides to sell it at that time when it's decided when you decide whoever in the family decides to is when that money would then come back to county whatever and then whatever was left would go so what happened to my daughter

well when if the money she decided to sell if if that's it depends on how the transfer of title and everything else goes on but that's a different discussion but the county won't force the sale and if you are not the sale I should say I don't you don't know what's happened 20 years who's on the board we're not if you have some other questions future I'm sure some of the staff would be glad to answer what questions you have let this soak in a little bit yeah I'm not probably not going to be problem

I think that's probably your concern is you were worried that the county is going to forclose on your house and make make you sell it. And that's not what we're doing. Correct. Business as usual for you. Both of us have that that desire to to make anybody sell your house. Okay. Thank you very much. Yeah.

You know, uh items from the public and nothing online there. We'll go ahead and read this field here. We welcome public comment. We ask that you, as you do, please focus on respect, clarity, and adherence to procedure. While keeping your comments to three minutes or less so that we may capture it in the minutes, please give us your name and address. While making your comment, please be concise. State your specific comment. Avoid personal attacks and profanity, and follow the chair's guidance, remembering that we are listening, but not typically engaging in back and forth dialogue during public comment. Does the goal is effective communication debate? Uh, seeing no public comment, I will move on to items from the commissioner. Commissioner,

I do have one. And it was brought up earlier with the variances. We keep having variances. And yes, planning and zoning can request surveys to give out permits, but they don't have any teeth behind them. And I'd like to know what we can do to create some teeth behind, add it to our ordinance. or whatever and set up a 50 foot minimum. They have to have a survey park whatever something to support our and I will add to that because we've had this discussion that means it doesn't matter what the zoning is if it's a if it's this or that. Anybody that's closer than a certain amount would have to provide a survey. Right now, from what I understand, you're anywhere from a,000 to $5,000 is what surveyors are charging. And so that's an additional cost

on top of the building permit fees that they would have to go through. So just because that's the push back we usually get when you realize for me to build a shed or me to do this or a deck or it's going to cost more to go get the survey than it does to do it. I just want to make sure we're very clear that if we put it in effect, that means it does not matter who it is or zoning or anything. We have to have a perimeter, you know. So, we usually I I try to say, you know, what happens is it's a 25 foot setback. They come in and say, "Well, we're 27 ft." More often than not, they're not 27 feet. They're 23 feet. So, that's kind of I don't know what that says. I realize I'm building this here and it may need to be it may be required to be torn down.

Yeah. So there's I don't want to pay $1,000 to make sure that it's in the right place. Yeah. So that's kind of what do we have to support that? Well, there's that got state law books that let us enforce tearing down the structure. Yeah. Well, I would like to do something to encourage them to do a site plan survey and we'll just have to discuss that and pick a how to define when when is required. Do you have any I would say put it on your next PN

35T would be you know because usually they're a couple feet one way or another. So, if we could say anything less than a 35 foot setback, they show us on a site plan, they would have to do a site plan survey. Um, site plan surveys aren't always exact either. Surveyors have a tendency to do what they want to do to appease their client. There's different different levels of survey. Yeah. So I that's kind of what we would need to know and maybe it would be a question you know I could reach out to a couple of the surveyors and find the exact

and we need the level of survey where the surveyor has responsibility and they just goes and arbit the bank appeasement document for your mortgage survey that it says right on it it's not worth the paper it's printed on. Yeah. I mean they normally it is it's very close but they those are $800,000 bucks. They're not going to get into a jam over $800,000 job for $800,000 house that they screwed up. Yeah.

Yeah. It seems like usually specifically if we ask for a site plan survey, not just a mortgage survey, there's there's different terminology, it seems like the site plan survey has been pretty like what we've needed for the most part, but I think we could just do some research on it. And we had asked to do this maybe five years ago and at that time the commission said no because of the additional cost. So I have I have quite a bit of data already and we had some verbiage set up and it just at that time it was no. So we can do that as part of if you remember we had um we have a list of about five or six ordinance changes that we know we need to make. One of them being in some signage and some other things. We know we need some updates. So I think this could just be lump sum into that discussion as we're going through. Okay. Thank you.

Y Thank you. We'll pursue. I think we have to do that. Okay. Anything else? Nothing from me. Okay. I think we can wrap her up then. Motion to moved and seconded to ajourn. We will call her good. Thank you everybody for coming in.