County Commissioner & Board of Adjustment - Regular Meeting

This conference will now be recorded. Please join me in pledging the flag also.

I pledge allegiance 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, we'll call this meeting of the May 26th Orange County Commission to order. And we have any additions or corrections to the minutes or the agenda. No, Mr. Chair. Motion to approve. Second. Moved by Ewing, seconded by Tisdale to approve the agenda. All those in favor, say aye.

Aye.

Any opposed, nay. Any conflicts today? Nope. Nope.

Nope.

You all had a chance to look at both the meetings, both the minutes, which we probably do need to be a board of adjustment to approve those, don't we? Yes. Yep. Okay. So County Commission meeting minutes up first. Moved to approve. Second. Then moved by Tisdale, seconded by Homer to approve the County Commission meeting minutes. of the previous meeting. All those in favor, say aye. Aye. Any opposed, nay. Motion to convene as Board of Adjustment. Second. Moved by Ewing and seconded by Comer to recess this County Commission and convene as Board of Adjustment. All those in favor, say aye. Aye. Any opposed, nay.

Move to approve the minutes.

Second. And moved by Tisdale, seconded by Ewing to approve Board of Adjustment minutes from May 12th. All those in favour, say aye. Aye. Any opposed, nay. Okay, that motion carries. Recess. Move to recess as Board of Adjustment and reconvene as County Commission. And move to recess as Board of Adjustment and reconvene as County Commission by Tisdale and seconded by Flanagan. All those in favour, say aye. Aye. Any opposed, nay. Okay, we are back to County Commission. How would we like to dispense of the bills? Thank you. Motion to approve the bills. Second. And moved by Ewing, seconded by Kohmer to approve the bills that are presented before us. All those in favor, say aye. Aye. Any opposed, nay. Okay. Bills are done. We'll do personnel when you get a chance, Brenda.

I have five request forms. The first one is from the treasurer's office. This is a separate for each of their going to a county employee one. grade three, face pay of $23.94, full-time permanent employee effective 6-1. And then Sheriff's Office, Joseph Pepper has a step raise going to a correction officer two, grade three, face pay of $27.41, full-time permanent employee effective May 31st. Alexis Richards, step raise going to accounting or correction office two, grade three, base pay of $27.41, full-time permanent employee effective May 31st. Adrian Casca, this is a new hire, dispatcher one, grade one, base pay of $24.80. She will be a full-time permanent employee effective May 26th. And then this one here is me being human. I forgot to do the cell phone per diem. at the last meeting, so I'm asking to add that on to there for $50 per month, effective on 5-17.

Motion to approve personnel request. Second. Moved by Flanagan and seconded by Tisdale to approve all of the aforementioned personnel requests. Any questions or discussion? All those in favor, say aye. Aye. Any opposed, nay. Motion passes. Thank you. No travel request, was there? Nope.

Okay, abatements?

Brett? She has an add-on as well.

Brett, did you get my text? I did, I did, yeah. Did that work?

Yeah, I just had to figure out how to print it.

Well, you're smart, you'll do that. Eventually, yeah.

Thank you. All right, so first thing I want to talk about is the add-on. We have a house in need that we literally just didn't put one on a code and it didn't calculate the house value. So we just needed to add on the house value. So I sent a letter to them, just a code thing. So we're adding on $50,580. They're actually in the discretionary program, so they get 25% a year. of their value, they just built a new house. So this is their first year. So we just need to add that on.

Motion to approve. Second. Moved by Flanagan, seconded by Tisdale to approve all the recommendations of the Equalization Director and for the add-on for the Myers. Any questions? All those in favor, say aye. Aye. Any opposed, nay. Okay, that motion carries. Added on.

All right. Statements for Archie and Marianne Roberts. They actually had a structure that was removed and then we were able to verify that it was removed at the time they said in April 25. So we need to abate that. $9,116, it was in a shed. The barn had burned down, but we didn't realize the sheds also burned down. They'd taken off the barn, but not the sheds, so.

Move to approve. Second. It's been moved by Tinsdale, seconded by Comer to approve the abatement for the Roberts. Any questions? All those in favor, say aye. Aye. Any opposed, nay. Okay, abatement is granted.

Brother Builders LLC is the house in Mead, and this was literally an in-house correction that we found. It just calculated that they have a commercial structure with some owner-occupied portion, and it just calculated incorrectly in the software, so we just needed to correct that. it didn't take off that portion, which it needed to. So we want to abate it $69,542 for the upcoming year.

Moved to approve, second. Moved by Dinsdale, seconded by Flagon to approve that abatement. So they're getting owner occupied?

Yeah, there is a portion that they're actually living in, or one of the owners is living in, and so they rent out the rest of those apartments. So we just didn't take that. Calculate that correctly so that there's an owner act by value and then a commercial value.

Yep, yep, they just had a Phoenix address that was throwing me off.

Oh, yep.

All those in favor, say aye. Aye. Any opposed, nay.

And then, thanks Brett.

Yep, thank you.

We missed, in my office, Mr. Finley should have had the elderly tax freeze, but we had two Finleys and one who sold his property. And one of my girls just took both of them off instead of just one. So he did qualify. He came in and filled out the application and everything, and Brett figured it out. And the total evaluation that we need to evade to get him back on, which will be done in January, is $24,619 to get him back on the elderly tax breaks.

Okay, moving to the room.

Second. And move by giving second by Flanagan to approve

And I'd just like to give a good shout out to Brian's crew for the distress force on the mobile homes. We have 100% collected as of last week. They worked really hard, and we didn't have to sell any. We kind of all collected, so we're done for another year.

Excellent.

Yeah, they do a great job, so thank you very much.

Yep, they need to order that abatement. All those in favor, say aye. Aye. Any opposed, nay. Okay, that's approved. We appreciate speed. Thank you, Doug. All right, next up is the Forest Service Cooperative Agency Agreement. Mr. Chairman, if I may?

Yeah, for your consideration is the proposed final draft of the Cooperative Agency Agreement for projects in the Northern Hills District. It was previewed, I think, at your last meeting. It was discussed at the recent National Resources Committee meeting on Thursday. I think it comes to you with a recommendation for approval. Mitch Iverson He's here on behalf of the National Resources Committee and I would defer to him for any extra comments he has. Do you have anything to add, Mitch?

Just one thing quick. The only change from the last version was that the Forest Service removed the statement that Lawrence County could not make public comments if they serve as a cooperator. and we wanted that, Eric and I wanted that removed. Eric brought up some complications with that because of our process here with the county and also it takes away our standing legally if we can't provide public comments. So that was grudgingly removed by the Forest Service and I think we have a good agreement Just to remind everybody, it's a non-binding. It does not obligate the county to any financial or anything like that.

Mr. Chair, I have to look at her authorization to have the chairman sign. So moved. Second. Okay, it's been moved by Flanagan, seconded by Comer to authorize the chairman to sign the MOU. I would just add that our district ranger, Patrick Champ, is exhibiting a fair amount of trust to Lawrence County. by taking that statement out. There was some concerns in his staff about it, but he's certainly stepping up to the plate and trying to work very well with us in the property of nature. All those in favor, say aye. Aye. Any opposed, nay.

Okay, motion carries. We'll get her signed. Thank you for your work on that, Mitch.

Yes. Sheriff, I believe we're up to you. Good morning.

Good morning. Things are going very well at the Public Safety and Services Center. As of last Friday, our revenue stream was $866,000 and some change. So at the end of May, that will represent about 42% of our year. And I feel fairly confident in projecting that we'll be right in that 91% of our goal at that time. It should be just over 90%. That's what I have for you at this moment unless anybody else has something for me. I appreciate it, thank you.

Let's see, we're a fair ways ahead.

Want to try to do John here? Mr. Chairman, I think if you wanted to, we have to wait until the public hearing, I think on the- 925. Yeah, you could, if you want to continue with the hearing from last week, the public hearing was closed regarding the premise.

Everybody's here, it looks like. I believe they are. Okay, yeah, we could sure do that. So we will pick up the discussion that was continued on the renewal of the board's Nassimalt-Medbridge license.

The gentleman was going to be here at 825.

Yeah, so the public hearing is closed, so we're not going to be able to take comment. But all we would do is just if there's any discussion from the board that there are any questions to answer. I think we'll go ahead and go on with it. We have some information here from the Sheriff's Department and some other things that we'll bring up.

Mr. Chairman, if I might? Yeah. So the information that you'll see is provided by our office is intended just to be data. It's not intended to be a statement from my office or from me, either in favor or against. liquor license is just a representation of information. I'll defer to my Chief Deputy to kind of narrate, give me an idea of what it is that you're looking at.

These are pictures that a deputy took, went out at the boar's nest in 2023. The things that she was capturing that are noteworthy are probably that we're starting to see some burnouts on the highway there, but also that parking's starting to become congested. In 2023, they didn't park along the guardrail as bad as they have since then. But the parking you could see at the end of the guardrail right on the corner is starting to become a problem. where that is located on the highway, that's where you're coming down Aztec Hill, which for the average citizen just traveling, that travels that road regularly, it's not alarming. Semis frequently come through that area with hot breaks where they can't slow down very well. We also worry about campers that are coming down that hill and weren't prepared for the grade of that hill. The congestion on that corner is a certain public risk and a concern know public safety from the other way you can see the parking on both sides of the road while off of the main travel portion of the highway it is becoming congested in there because of those parking issues did you observe how people are walking from their cars up to the facility i don't think there's any pictures specific to the the walking back and forth but they exit their car walk across the street to wherever their feet happen to hit the ground.

This is 2023? This is 2023. When do these people take ownership?

2022.

First if you close that one, there's a video that was made in 2024. We took this video off the public domain.

so you Okay. Thank you.

So Mr. Chairman, I would say that that represents a rather obvious public safety problem. And I'll talk just a little bit about parking and how we arrive at something like this. And if there's any place where I misspeak, you kindly correct me. With regards to state law, the parking is only illegal if any part of the car is on the roadside of the white line. And so it's quite factual when I say there's nothing that we can do as far as law to remove those vehicles. And I'll also add that it presents a problem that we are still trying to work through. However, I think I can represent well that what is depicted in the picture, or I'm sorry, the video, is no longer what's going on down there. As of last year, I took 100% of our workforce and assigned them to that area. And I think we had a very successful year along with the help of the South Dakota Highway Patrol in shutting down some of that behavior. But we do anticipate that through the rally and through other events, some of this behavior is going to continue until it becomes very unpopular for them not to do it. And we're working towards that goal. So yeah, that's all I have. Unless you have questions for us.

So when you say you put 100% of your labor force on that, that's just maintaining a patrol at all times of the day? Is that what you mean by that?

Yeah, for the most part. I left the assignment of the details up to Tavis, our chief deputy. But quite literally, it had to stop and it had to stop in a quite profound way. And so in order to get a high volume of, of focus on that particular area does not mean that we can just ignore every other call that we have, but in order to really get people there to be productive, it took everybody that we had. And I would control as well. Did you get any indication that this is encouraged by the owners or it just happens by free citizens? I know that Travis has had a number of conversations with the owner and so I'd prefer him to answer that. No, I don't have any indication that they promoted that portion of the business. It's a particularly interesting issue to try to address for law enforcement. It is quite taboo, as I'm sure you are aware, for police officers to congregate at a place that sells alcohol. And so we don't do that. And we're not there to deal with liquor issues. We're there to deal with the exhibition driving and the reckless driving. Just to be clear. Yeah. Okay. Yeah, thank you for that information.

So I might ask the owners, parking-wise, Do you have space in your parking lot to handle very many cars or has that space been taken up?

I'll show you a picture on my phone that I took actually this weekend. We've added more parking on the lower end and we were busy this weekend. We didn't have anybody parking on the highway. They were using the lot that we have down there. There's only, I mean, during cool deadwood nights, you know, there's only, the rally obviously is huge influx uh but um and cool deadwood nights the uh um are the only times that we get that get like that as far as that kind of parking on a normal on a normal weekday or weekend i mean it's we there is no we don't have any problems yeah well i've been there when they did the evacuation party sir sir you're gonna have to ask enough to do that so uh

Yeah, I believe all those pictures were from cool deadwood nights, and we do realize that we need to address that.

And as far as the burnouts, I think everybody knows that even the parade and league and stuff, there's burnout. And they've had to stop everywhere, not just at our place. And in 2025, we didn't have that going on, as the sheriff said. We understood that. That's what had to happen, and so we tried to do what we could to make sure that it wasn't going on anymore, and it wasn't last year, and it won't be anymore. So, I mean, it's just, so we're not trying, we're not encouraging it. I mean, it happens, and when, I mean, when they said that burnouts couldn't go on anywhere anymore, that included our place, and we understood that. We're trying to alleviate the parking issues. Last time we were here, we told you that we spoke with DOT. They came out and painted lines. And, you know, I think that there's pretty clear boundaries now of what we have out there. So, you know, we don't ask people to park out, you know, we don't have somebody... You also can't stop them.

Yeah.

They're not breaking the law. Yeah. I mean, so... But anyways, yeah, I mean, the parking is something that we're continuously working on. We're trying to do everything that we can to keep as organized as we can. But full deadwood nights and the rally are when, really, when the problems are exacerbated.

And the parking around your building there, that upper lot right next to your building, is that just to- It is parking, yep. And there's no other- demonstrating vehicles or anything like that?

I do have a, but I do have a car out there, you know, that it's kind of a decor. It's a running, but it doesn't take up any parking spaces.

It's basically parked in front of the front door. We have a big overhead, I don't know if anybody's been out there, but we have a big overhead door that we open up every day.

The car doesn't take up any of our parking spaces.

And understand, we're just worried about safety. Sure. Having people walking along the highway around that.

So are we, and I mean, it's, we're trying to, you know, we're, we don't, we don't advertise the park.

Sure.

You know, and so, and yeah, I mean, we, you, you can cherry pick a few events out there, you know, a few times during the year that it's like that, but otherwise it's not. And, you know, it's, With DOT and with law enforcement, it has gotten better. And so, yeah, that's kind of, we're trying to do everything that we can to try to alleviate the problem.

The other, oh, go ahead, Sherry. I was going to add, just so you're aware, the rally, we're starting to form plans to try to deal with the parking issue with the rally. As I explained, as long as motor vehicle, if all four tires are off of the roadway, or in other words, to the right of the white line, there's nothing we can do. But motorcyclers like to keep their kickstand on the hardened surface, and so they end up backing in, which puts their front tire over the white line, which it's very early in the plans, but we can deal with that. Those are illegally parked. And normally speaking with those folks and what we learned over the years is by the time you tow one or two of them, most everybody else is pretty .

I'd like to add also, if I can, that last year, and it's in our plans to do it again, we have a lot in town, a mile and a half from the that we run a shuttle during rally, that we're trying to encourage people to go, and we have lots of room for bike parking there, And we have a van and a driver hired trying to shuttle people back and forth. That last year was our first year doing that. And it was used quite a bit. I'm hoping this year that it will take off even more. We try to put it out there as much as we can that it's there. Please use it. And so we're trying to do what we can to try to... alleviate the problem. And the overflow parking, hopefully it takes off even a little more this year for us.

The intercom system that you use for food orders is another concern.

Is there any plans to address that? We have a video that she took, I mean, as far as like, that you guys could, it's on her phone, I believe, so you guys get an understanding of how

The road noise is louder than the intercom. In my videos, you can't even hear the music in the building into the parking lot. You hear the numbers, but literally we have ATVs, trucks. I mean, if you came out on 14A, it's not a quiet area anyway, with all the construction. So we have looked into it. What's frustrating about this whole thing is we've never, this is the first time we've seen Mr. Peters. He's never even had a conversation. And all these problems could have maybe been resolved if he would have had a conversation like neighbors do. And he's just attacked us. He sent out all these letters. I didn't even know about that.

Is there a speaker for the intercom outside? There is, yes. But we have people a lot of times that, you know, they'll put their order in and we give them enough like a little table tank with a number on it. And, you know, people then go out and sit by the creek or on one of the decks outside or whatever. And the traffic that goes by, people a lot of times can't even hear their number called because the traffic on the road is louder than our intercom. So could you do that with a cell phone? with them? We could. I mean, there's, I mean, I'm not opposed to looking into something, another way of doing it. Well, like a visual, the screens or something that says.

Yes. There's, I mean, it's something that. Because you're just telling me the traffic noise is louder than our intercom. But you got traffic going by all the time, correct? Yes. So some kind of visual that your order's ready?

Well, when I say the traffic's louder, I'm talking about like in the parking lot, like close to Mr. Peter's house. The intercoms are only around the building. For the most part, people can hear their number being called within the building. I just don't feel like that the intercom is so loud that it's echoing at Mr. Peter's house.

I mean, I'm willing to try to figure something else out. I mean, to try to help, you know, smooth this stuff over.

I understand what you guys are trying to work on this, but you also indicated you're only open four months a year. Correct. Well, you look at the rally and cool down the nights, that's probably a quarter of the time that you're open. Three weeks for the rally and a week for cool down the night. So that's 25% of the time that you're actually open. That's a noise issue or people out in the streets. I've been down there by there during the rally and the motorcycle tires are definitely out past the white line. And my concern is people coming around that corner, somebody's going to get hit. It's just a matter of time because there is no path for people to walk other than out in the road. And out in the road, the road's being blocked on the white line portion of it. So the only place to walk is out in the actual lanes of traffic.

So that's my concerns. We understand your concerns. I mean, we have those same concerns. And we are not trying to ask people to park. we're parked there. So, I mean, we're going to do everything that we can to try to help with the parking.

Anybody else have any questions for that?

No.

Discussion? We have a motion one way or the other.

Mr. Chairman, it is subject to annual renewal. So each year we'll come back to your consideration. And it runs from July 1st to July 1st. That's correct. It's a question before you is whether the license should be granted for the next period.

And I believe that Mr. Oka set out the state statute of what our limitations are and abilities are. If you have fair and moderate discretion, the registry will leverage licenses.

Mr. Chairman, the Supreme Court has said that ongoing consideration of appropriateness for suitable location continues on past the initial approval.

So it will apply to each renewal as well. I move to approve the renewal of the liquor license. That's not the right one. I'm sorry. Sorry, board's next. Excuse me. But I'll let you know when we get to that. Thank you. Appreciate that.

I'm getting a second for discussion. Okay. Moved by Tisdell, seconded by Flanagan. Do you approve or to renew the board's next license? Any discussion, Mr. Flanagan?

From what I heard from the sheriff, we've got a problem, but it sounds like some of it has been remediated so far and it sounds like there's a plan to try to help with that again this year um i guess in my mind i'd like to give it a give it a year and see how it goes and if you know if we can get if they can get things better under control and then good and if they can't then we have next year an overview again i mean in that way there's an opportunity instead of I'm sure they're aware there's been a problem because there's been law enforcement out there, but at least this way they're on formal notice that we're watching. There's some problems, real problems that need to be addressed. Not just from the neighbors, but also the public. I went by there as well during rally and it was a mess. And I grew up out there, right around the corner. So yeah, someone that comes to town or a truck camp or anything comes around and isn't ready for something like that and you come into it unexpected, it's potential for a bad, bad incident.

I look at it very similarly. I look at what's under the control of the owners and what's not. People can do what they will do on the highway. That's up to law enforcement to control. They're trying to address the parking issue, maybe work with the noise part of it there with orders. Like I said, they're making some efforts to try to alleviate the concerns. We'll continue to work on this and look at it again next year.

I agree, and I think you should try to maximize the available parking.

I'm in agreement with it as well. They obviously have no control what these people do out on the state highway. That's unfortunate, but law enforcement is trying to do what they can as well.

Anything further? Okay, I'll call the vote. All those in favour of approving the Forest Nests renewal, say aye. Aye. Any opposed, nay. Okay, motion passes, the licence is renewed. Thank you. Next up, we have a public hearing for Cross of Freedom Projects for another malt beverage licence. Thanks, sir. Brenda, do you have information on that or is that Bruce? That's Brenda, okay.

So this here is a, it's out at the 385 campground on 385, obviously. They are just applying for a wine and cider license. They already have the tall beverage and South Dakota farm wine license. They're just adding the wine license to their crop, so.

Oh, it is.

I didn't catch what you, did you say public hearing? Public hearing. Oh, sorry. All right, this is a public hearing. Open that up for the public hearing. Give you an opportunity to comment if you please. Anybody from the public or online. Just address the comments towards the board would be our only request and that you also identify yourself and your address if you'd like to make a comment. Anybody in the gallery that would like to comment on this small beverage? Anybody online? Seeing no comments, we will close the public hearing and offer it up to the board. It's been moved by Ewing, seconded by Flanagan to approve the multi-beverage license for across the Freedom Properties LLC. All those in favor, say aye. Aye. Any opposed, nay. Okay, motion carries. Yep, we can take a five minute break here. Sorry. Don't think we didn't have to vote on that. He was out of here.

these tissues hey

Thank you. Thank you. Okay, we'll call back to order.

Mr. Bay, would you care to go next? Sure.

Well, first of all, I don't have a lot. I mean, I don't really have anything that has, that would require a motion, I believe I did. We did get a letter from the state, the letter of concurrence to award the bid for the bridge openings to Halmy Incorporated. They did send that, the letter of concurrence, I forwarded that on to you all. And I also signed the notice of award and sent it back to them. But at this time, I have not received the contracts. When I do get the contracts, I will seek out the chairman for those signatures. It's already been motioned and voted on and approved, so I can get that whenever. I was hoping to have them by today. I have not received them. The other thing that we did, we did on Wednesday, we had a TS&L meeting at the Exit 2 bridge up on West 14. I met with the state, our engineer, we had a representative from Rose's present as well, and it was determined that we would replace that bridge with a three-cell cast-in-place structure. That's still by the Miller's Place. Correct. Yeah. But at this time, we have the grant in place, the 50-50 grant for the hydraulic analysis, preliminary type work like that. And that is done. What we don't have is we don't have a grant in place for the actual replacement structure. It still does not score high enough. It scored at the last inspection of 30 points. And I think this year we required 56.4 to secure. So it's still kind of down the road a ways for replacement. We did look into a couple other grant options. We are working on a couple other grant options outside. Right now there are no federal bridge grants available right now. There are some bridge improvement grants available, but that's pretty extensive and they're generally geared towards the higher dollar bridges in the 50 million plus range. So we are kind of exploring that right now. Maybe there is an option for a better, our different grant system than the big. We also are working on refunding or increasing funding in the big program as well. And I think you carried a little of that to Washington, D.C. with you there. We really appreciate that. So hopefully maybe in the future we can increase that fund and take care of some of these bridges. Right now that bridge is probably a ways before we get a grant to replace that. The other option we need is to fund it ourselves and replace it. In all reality, other than the bridge deck itself, the bridge is in very good shape. It's not weight posted and it handles and loads fine. It's just that the deck itself keeps delaminating. We've tried different options to patch it. We haven't had much luck keeping it in place. We'll continue to do that. Right now, I don't know when it'll be available for a grant, but the state did want to go forward with the TSNL on it, so we did that, and that's where we are. And the other thing is our bridge on the Whitewood Service Road between Whitewood and Sturgis has finally passed the environmental hurdles that it's had in its way for the last three years. And it is, they sent me a letter, email, wanting to do a bid opening August. That is under a federal grant, so the state will be taking care of all of that. We just get We get a bill for whatever they decide to use. And the money's still there, even though it was a 2021 grant? No, the money's no longer available, but the state does say they are going to honor it. And if I remember right, that was 18.5%. The state decided somewhere in 2022, they were going to pick up, I think, roughly another 12% of that. It was going to be roughly 5.3% to the county is what that was going to cost for that replacement. And that's going to be replaced with the box culverts as well. So at budget time, here we are at budget time anyway, I mean, we'll be budgeting for that portion of that bridge, the Elmore Bridge, which is now been awarded and will be done in 2027. So we've got four bridges on the deck for 2027. We need a motion to the amendment.

I think Bruce has a comment for you. John, isn't this the bridge where the beams from another structure And I see it says 88 years, but it was undetermined about how old they were. And then they were flipped when they were installed on this bridge. Is this the one? I don't believe so. I think you're talking about the Wheeler Lumber Bridge.

Okay. Just up the road. That's how that one was. But that isn't in Citrus.

So we were waiting on like a 404 permitter for that one? The Spring Creek? Was that what you needed?

No, we have everything in place. What we were waiting on was an environmental on the Davis property. When they to get some environmental digs for... For resources? Correct, and it's maddening a little bit because they went outside of the construction zone and they found some pottery. Wasn't going to really affect our job at all, but they shut the project down because of that. So we've been waiting ever since, but it is finally cleared. We got to go ahead and get notified that we can have a bid opening. I'll keep you posted. Other than that, I don't have anything for you gentlemen, if you don't have anything for me.

Do we need to have a motion to go to bed in August?

I don't think so. I think it's all been taken care of. Yeah.

Okay. So John, being out in DC, the Transportation Infrastructure Committee for the House was taking up the bills, the Build America 250 Act. And part of what that would do, there were several key factors, it was going to put more money into the whole federal highway system, the money that goes to states and counties. And it was going to rewrite or change the formula to where the counties would have better access to that money. But because it was putting more money into the system, the state wouldn't suffer any less money coming their way, but the counties would get more diverted that way. And it changed the cost share structure a little bit too. I think the counties having to pay 25% changed it to 5%. Very positive aspects of the bill. It also streamlined some of the NEPA process, some of the permitting. We were advocating for the fact that if you're replacing an existing bridge, you shouldn't have to go through all of the NEPA work to get that done. That ground's already been disturbed. We should be able to just put a new bridge in the same spot or a new road in the same spot. It also put some more money into the Federal Lands Access Program, which helps us with Forest Service roads. So hopefully we'll be able to have some more monies available to work with them. Well, I appreciate your efforts. We'll see where it goes. It made it out of committee. It goes to the House floor. Who knows what happens in the second half.

Anything been done on that bill work up on the Penn State road? No, I've not heard anything from Interstate Engineering that's working on that. I have not got any reports. I think they were talking about sometime in June having something ready for that. I'll reach out to them and see where they are with it, but I'm expecting some information sometime in June. Yep, thank you.

Okay? Thank you. All right, thank you guys.

I got Jasmine's not here, and Lexi's not here.

Yeah, I thought they were going to be here a little early. Maybe while Amber comes down, Mr. Chairman, under her time, there's a request to waive the variance application fee in the fire department. You passed a motion, I think, to waive the building permit fee, but we forgot to ask for the variance application fee.

So I would present that to you for your consideration. I'd like to waive the variance application fee for . This is actually a financial thing that I don't believe the Board of Adjustments would have any authority in those rooms.

Well, it does take place as a variance. The variance is a Board of Adjustment issue.

But fees paid to planning and zoning are a budgetary item that should be... I leave it to your discretion. Should we approve it from both? You can. There's no case law on that. I leave it to your discretion. I don't think the Board of Adjustment has any financial authorization in the county. I don't think they can waive anything. I mean, think if it was an all-civilian board and they're waiving fees that are paid to the county.

Yeah, there's lots of arguments. Yeah, I get it. I don't have the right answer. I just put it on the Board of Adjustments because it is a variance. Bruce used to have these kind of discussions all the time.

It's on the Planning and Toting Guide. It is a variance, so that's my logic. So you did make the motion, didn't you? I did as County Commission.

County Commission to waive the variance. And I seconded it, but I think we can go ahead and do that. And move by flag and second by Ewing to waive the variance for St. Onge Fire, or the variance fee for St. Onge Volunteer Fire Department. All those in favor, say aye. Aye. Any opposed, nay. Bruce, do you want us to do it as part of the session as well?

You know, and honestly, I don't know that that would be appealable anyway by anybody. So, I mean, I think it's okay. I don't think there'd ever be a right of appeal.

The fees are set by the County Commission at the beginning of the year.

Yeah, but it is Board of Adjustment, or it is a variance. Anyway, I think we can move on. I don't think anybody could appeal that anyway. Regardless. Go to the Board of Adjustment. That's right. We can make new case law.

Lexi, we've got about 10 minutes. Does that give you enough time?

Well, I mean, I can try. I don't know.

I don't want to short check. If you'd like to sit here for an extra half an hour, we'd be happy to let you.

I'm good. Good morning, everyone.

Good morning.

All right. I am just here once again regarding the alternatives to detention grant application. As you guys know, this is the grant that allowed us to expand our services to cover not just teen court, but also case management diversion, as well as start doing conditional reliefs. And, of course, conditional release, the goal being to keep kids out of the General Services Center in Rapid City if there's no need for them to be there. This is our fourth year requesting this funding. Now, it is a three-year grant, so you'll see that the funding requested is actually significantly lower than what I've requested in the past, and that is partly because You know, this is a fourth year request. I truly don't have any expectations that we'll actually get it, but you don't know until you ask. So anyway, I'm just requesting your guys' support with that and essentially requesting a signature on the grant application itself, just saying that you guys are supportive of the program. And it does have to be submitted technically by you guys, so.

So this is the same kind of grant that it was three years ago?

It's the exact same grant.

Same thing.

Yep.

Doing the same thing.

Yep. The only difference as far as the funding I'm requesting this year is that in the past I've always requested funding not just for one and a half FTE as well as travel and operating expenses. This year I'm only requesting about 80% FTE. That's it. And that's for my staff member that does the case management diversion piece of it.

And that's going to be enough staff time to do that, you think, or you're just trying to keep the grant low enough to get approved?

Trying to keep the grant low enough to be approved. Beyond that, I'm working on a lot of different funding options for that purpose. One thing that was really fortunate was that the state did, of course, increase the juvenile justice reinvestment initiative amount. A few years ago, they increased it from the 250 for successful diversion to 750, which certainly has helped a lot with that. And beyond that, I'm also working on a federal grant right now that will allow us to focus more time on the data piece of it, basically kind of determining which kids are higher risk for reoffending and then trying to make sure that you're really targeting those services where they're going to have the best impact.

Commissioner Flanagan, did you have a comment? I just was going to ask you, Bruce, did you happen to look at this, or did you have a chance to? I did, yeah. Did you see any issues?

Substantially similar to last year, just a different amount.

Motion to allow the chair to sign.

Yes, please. Second. Okay, then I motion by Flanagan, second by Comer, to allow the commissioners to sign the alternative detention support grant. It's been a great program. Lexi's done a very good job with the program, had a lot of success. I hope we're able to be awarded the grant. All those in favor say aye. Aye. Any opposed, nay. Okay, we'll get her signed. Thank you. Thanks for coming in, Lex.

I'll be back in July for the next one. Lexi is asking for signatures from these. Those will be from myself and from Irvine. So do you want us to give you that so you can get those so I can get it?

Yes. Perfect. Thank you.

Okay, we'll take another five-minute recess here while we get set up for planning and zoning and ready for a public hearing. We'll call ourselves back to order here and up with a public hearing and first reading on ordinance 26-01.

So this is just adding to chapter 6 district regulations under the highway service commercial conditional use list. It would be adding the retail sales and trade. A few years ago we defined retail sales and trade, but it was for a difference-only district, so we're just pulling the same thing across to be allowed under Highway Service Commercial. It would be a conditional use still. Okay. So we're not adding a definition, we're just using the same one we already have, just adding it to the list.

We're just adding this as a conditional use. All right, this is a public hearing, so if you'd care to make a comment, we invite you to make your comment. We just ask that you Give us your name and address and direct your comments towards the board, not the audience. Is there anybody in the audience that would like to comment on adding retail sales and trade as a conditional use to highway service commercial districts? Anybody online? All right. Seeing no comments there, we'll close the public hearing. We can't take action on this. We just need to schedule the second reading for June 9th. We don't need action to do that, do we? Just schedule it in. Okay, we'll pick this up again on Monday night.

Motion to adjourn as County Commission and convene as Board of Adjustment.

Reconvene. It's been moved by Ewing, seconded by Flanagan to adjourn as County... Do we want to adjourn or just recess? Recess. Recess as County Commission and reconvene as Board of Adjustment. All those in favour, say aye.

Aye.

Any opposed, nay. Okay, we are now a Board of Adjustment.

I'd like to waive the fee for the variance request.

Moved by Flanagan, seconded by Tisdale to waive the variance request for St. Aud Fire Department. All those in favor, say aye. Aye. Any opposed, nay.

That was my fault. She said building permits. I was like, okay. She's like, well, no, you need building permits too. Okay.

All right. Next up, public hearing for conditional use permit 451 at 26.

This is for Marta's Deadwood Dock House, which is right out Boulder Canyon in the old Jehovah Witnesses Church building. It's been in effect for quite some time now. She's asking for an amendment to the existing CUP to add the grooming, the cat boarding, and some special event parking areas and maybe put some, when she wants to hold special events, just be able to have it out there. Basically, the existing application would just stay intact. She's going to be enclosing. There's like a drive-through right now that goes underneath this part right here. She's going to be enclosing that in, and that's where she would be able to have kind of a cat room and some of that. Right now, it's just open. So she's just enclosing that existing roof line, basically. And then, you know, trailer parking and other parking could take place on the existing concrete. And then she also owns this grassy area over here. And that's usually during large events that are in Deadwood. She has the trailers come out and park just the worst places to park. That's really the gist of it. I think the biggest change was the conditions at planning and zoning. They kind of went back and forth and they opted to, I think we had 50 in there and just with numbers of, having the kind of, because there's that crossover of she has so many here, but you have some that are overnight and some that aren't. So there's that crossover. So it settled on 75 instead of the 50 plus, just because it was right in there.

If I remember correctly, they basically had room for 50, but it was that overlap of some people bringing dogs in before the others picked them up.

So there's babysitting slash overnights. Yeah. Is that a good way? And then Marta is here, too, as the owner, if you have any questions for her. But that's the only changes that I think we have yet.

Do you have anything to add to that, Marta?

I don't think so.

Okay. Mr. Chairman, there's never been any complaints here, have there?

We've never received any complaints when she opened. And that says a lot when there's dogs in there. Especially because when she started, there was a few neighbors that were really worried about it, and they actually have said that she does a very good job.

Fantastic. This is a public hearing, so we will go ahead and open the public hearing and invite anybody to make comments. Care to do that? Anybody online? All right, we will close that portion of the public hearing and offer it up to the commissioners for any discussion. Move to approve the whole commission. Second. Then moved by Tisdale, seconded by Flanagan to approve with all conditions. All those in favor, say aye. Aye. Any opposed, nay. Okay, motion fair.

Okay, it's been approved then, so it doesn't have to go on forward. We'll send you the final packet. Okay, thank you. Thanks.

Next up is Conditional Use Permit 501, Mile High Construction Route Wellness.

So if you remember, this one is the one just across from the brewery on Evans Lane and the upper area there. This is an old existing house. They would like to remodel it to be able to operate her root wellness business out of that location. Parking, I know, was discussed quite a bit and they came up with some different parking options to meet our requirements. I know that the discussion did take place of maybe trying to work something out, but if we need to have some additional parking on the backside to be able to come through, because it would come through the parking lot of the Guadalajaras. That's how they get to the backside of this, because the parking lot is right there. And really, it's not changing the outside of the building much. I mean, it's remodeling the inside to make awkward spaces. is really what it's coming down to. And then they, we put our general conditions in there. We don't really have anything to meet this type of business before. So we just kind of had our general conditions. She did ask for, you know, hours of operation. No septic would be allowed in on the Sanitary District. That's really all we had in there for conditions. We didn't really have anything else to add to it unless you guys have some specifics. That's really all I have. This is, you know, that retail sales and trade. That would be, if you remember, we did the ordinance change just now. That would be included in this. And that is for, just so they can have some of that in this zoning district as part of the overall therapeutic services. That's what we have, and it is here. If you have any questions.

Yeah, Professor, do you have anything that you'd like to add to that?

No, but I can answer any questions.

Okay, thank you. This is also a public hearing, so we will go ahead and open the public hearing and allow anybody to make a comment. If you do, we just ask that you identify us with your name and address and direct comments towards the board. Anybody in the gallery that would like to comment on this? I do have a question. My name is Dave Klein. My address is 740 Birdsong Place adjacent to the property on the west side of Evans. I'm just trying to get a better understanding of the type of business this is and what retail sales might involve in the future since that was just recently discussed. Carla, do you want to try to answer that?

Yeah.

Fruit Wellness is just the real estate LLC that holds my business, Whole Child Wellness, which is pediatric occupational therapy. physical therapy, speech therapy. There are some family oriented groups, educational type things. The retail portion is related to the therapeutic services that would be in there. For example, any therapists that have journals or, you know, sensory toys is an example of something that I carry, or I have, there's two offices in there. So any of those therapists sold anything related to their business, we would be covered. That's really the bulk of it.

Thank you.

And is the parking all coming off the east side from Guadalajara, it's the back of the building? This is the drawing, I just put it up.

So this is the drawing of the front. Could you just run your cursor around the building there?

Yeah, so the building is right here. That's the existing residence. And then there's going to be parking right here in the front yard, basically coming in and they'll park here and then two here. So there will not be any parking. I know a lot of people had concern about parking along the road. There won't be. They'll have to pull into the lot to get the four lots in there.

Sorry, I heard a reference to Guadalajara, so Evans on the left side. Evans is right here.

Yep, driveway to Evans Lane is right here. We did have the discussion that if they needed to ever add parking, they could get permission. They'd have to go through Guadalajara's on the back side because they could add some spots right back here. Like for staff is what they were kind of thinking. Or possibly they could talk to and see if they could rent a spot for staff to park on the backside, just so it wouldn't take up the parking in the front.

And we had some concerns about parking too, but essentially this business meets our ordinance of one parking space per 200 square feet of building. And so the designated parking spaces they have there to the west and the south will meet those requirements.

Anybody else with any comments, either here or online?

If not, we will close the public hearing and offer it up to the commissioners for questions. Motion to approve. Second. So then moved by Ewing, seconded by Comer to approve conditional use 451-26, Commissioner Flanagan.

Mr. Hoffman, do you see any issues proving a condition to use for something that doesn't actually exist in the settlement yet.

If you look at the staff report, the recommendation was you approve it with the condition that the ordinance takes effect.

Sure.

Is what I requested.

So they can't do anything for 20 days after publication of the next.

It'll be 20 days.

After a few days of publication after the next county commissioning. So it'll be the 1st of July probably before they can actually do anything. Yep.

Yeah, we had gone over that with her so she knew the date for just in case.

Was your motion to follow staff recommendations? It was. Any other comments or questions? Okay, the motion on the table then is to follow staff recommendations and issue the conditional use permit with the after the highway service commercial an amendment has been completed.

I think as awkwardly as I can say that. Yeah, you've done a fine job. All those in favour, say aye. Aye. Any opposed, nay. Okay, that motion carries. We'll grant the conditional use permit somewhere down the road. I have the building structure done. It's the surface. Yeah. But it's a business place. Right. And then if the other one were to somehow Okay.

I believe that completes our tasks as Board of Adjustment. We have to work . Okay, yes, you're right. And we're done with your stuff.

But it's not Board of Adjustment. But it's not Board of Adjustment, yes.

Okay. So we can move on to Jasmine, that's what I'm trying to get towards.

Jasmine.

I think you're up, Jasmine.

Okay, can I join you at the table?

Please do, yes. Yep, we appreciate that. Mr. Chairman, Jasmine did provide the annual update and then also I think the financial contribution packet as well.

Yeah, and I don't know which one. I've been trying new things with this report, so if you don't like it, please let me know. And before we start, I just wanted to introduce John. I don't know if any of you know John, but John is our Assistant General Manager. So I thought it would be appropriate.

Okay, thank you, welcome.

I didn't think I was going until 9.30. I don't know why I thought that. All right, so I have two reports. We can start with the annual update. It's pretty straightforward. Same as always, we'll do the mining update, a little bit of the statistics, which I think are going to be in the local impact, each activities, mine production, projects and plans.

It's really informal, so if you have any questions.

The first page, this is just the site overview, basically what you're looking at. is the mine site. So over to the left-hand side on the west side, you'll see the processing plant on facilities, the beach pads. We've got some admin facilities. The purple is sort of a historical area that we use for some, you know, water management, things like that. Over to the bottom of the page, kind of in that Boston area, you have the Copperhead, Boston Fit, Portland Backfill. Those are kind of our active areas right now. We are currently working on the pink area that is historical till, and we've been treating that and offloading it slowly. And then we have the American Eagle pit and the TRF, which has now been reclaimed. We had a pretty good year last year, generally for reclamation. I think we reclaimed close to 75 acres for final. We did another 20 of interim. We're thinking we'll probably do close to 60 this year. It will likely be the fall, just because there's quite a bit of work to do, and we've started on that, so exciting. Golden reward has not changed. It was in final reclamation last year, and it stays that way. We have around 266 employees, I think, plus or minus a few. We had a bump up in the summer with the summer students and interns. We were able to pump 76 million gallons of groundwater for our operations last year, 136 million gallons of surface water. A lot of that surface water is full so we can treat it. And we did commission our new swimming treatment facility fall of last year. So that is included in that number. We were able to treat 126 million gallons and then land apply, so return it. And then we return 31 million back into surface waters. I think most of you guys are pretty familiar with work, but we do do the concurrent reclamation. So that means essentially we're doing our reclamation as we're mining. And so once the pad is completed, the leaching material is neutralized, denitrified, and then all of everything that goes through it has to meet the groundwater requirements, which is where our treatment comes in. and then we put that material back into a waste dump, and we start the reclamation process with it. Sequencing for this year, Pad 1 was completed in Q1 of 25. 4 and 5 are neutralized, denitrified. We unloaded Pad 4 last year. We finished Pad 5 this year. Pad 3 is currently being treated currently, and we're just about done with that. We think another couple of weeks And then from there, we'll go to pad two, which will be finished in 27. And then we will start pad one at the end of this year. The mine production recap, 4.2 tons of, or million tons of ore mines. We had about 15 million tons of overburden. We produced 97,000 ounces of gold and an hour and 35 about a thousand ounces of silver. Just the review, so we will continue mining and we'll continue mining for the next several years. We'll continue filling the Green Mountain pit. As I mentioned before, we did commission the selenium treatment plant in October of last year. We utilized drug spraying for weed control on a large scale last year. We'll continue to do so this year, starting in June. And we've seeded the acres that I talked about earlier. And it's actually coming up quite nicely. You can see it as you drive up in front of those tunnels. You can see that. We did have a fairly significant fire in Q4 of last year. Our pressure facility was pretty much totaled. So we've been working to rehab that. The rehab is roughly completed, and we're back into service with our system currently. We are running two contract crushers at the moment, and that's mostly just to make up the tons that were lost. 26, as I mentioned before, will continue mining Boston. We'll be working on pad five for offload, and two of three will be treated. We will continue to use that crushing system, but we do anticipate letting it go sometime this year, depending on when we get those tons. We'll continue with our reclamation efforts, and it'll be sort of that green mountain section that's the reclamation that we did by the title last year.

And that is not enough to read.

We can go to the local impact report. Jasmine, real quick, I wanted to mention, so when they had the fire, just we try to let you guys know. They follow the protocol, let us know right away. It's like, I think I actually got an email the night before when it happened and then they followed up with Mel Thompson just to make sure there's no chemicals or whatever. So they follow the protocol exactly as requested in this DB, just so you guys know.

Thanks, Amber. We've been realizing that it's helpful for work to sort of tell our story, and so this little report was kind of meant to do that, but it doesn't allow the information that I think you guys are interested as well. We are happy and pleased to announce that we have another 11 years in front of us. We did a recent SK-1300 report, I think the beginning of this year, and we were able to prove out I think to 37. So that's great news. We'll be, I'm sure, working with you guys to, as we understand it more, but get that plan in place. 35 million in annual payroll last year, 36 million in regional spending with 260,000 donated locally.

Now 11 years of land life, that's still within the permitted area. You're not having to expand out?

Yes, I think there's some discussion about how we do that. I think we've got a couple TRs that I think you guys have seen in draft, but we'll be moving forward. So we will need for sure some technical revisions. There's some discussion about how we move and where we move and the timing of that could lead to another mine permit, which we'll have to come back to you guys on. But I think we're still sort of fleshing it out on what the best way is and the least impactful way. to the environment, to our neighbors and all of that. So can I just kind of say, I'm not quite sure yet. Absolutely. Okay.

Is that appropriate?

It is. I think it's possible. It's tough. Like you've run out of physical storage room at some point. And so there was some discussion on, there might be a way we can do it timing wise. That would be ideal, but it's pretty tight. The SK 1300 is, as you stated,

alluded to, makes sense. Yeah. Yeah, the technical revisions, we probably see four or five year, Bruce and I review those, and we decide, some of them we have come to use, some of them are, as long as they're within the envelope of like an existing area. If it's like they want to change out a building or whatever, we don't usually have those come to you. It's just if there's like physical, you know, movement of things that you didn't know about, then we do. But we probably do four or five a year at least on different things. but none of them, if they ever expand, then they have to compute. That's what the state requires.

Okay. So more to have, very exciting. We're really happy about it. So, and this is just talking about our lifespan. We've always, I mean, for as long as you can remember, we've had a five-year mine life. And so this is the first time that we've been able to say we're longer than that. So we're very proud of that. We have been in continuous operation for 43 years with the 260 full-time employees. We do have 52% of those employees that work in Lawrence County or that are from Lawrence County and live in Lawrence County. The wages are really competitive. Our average is over 80,000, which I think is greater than the 56,000 that's published for the State of South Dakota. So it's a really good opportunity for people. We do try to keep a lot of our spending local We were able to spend $36 million in South Dakota last year with 39% of that in Lawrence County counties. This is a bit of a breakdown just on kind of where the jobs are. Most of our jobs reside in the operational department. A good chunk of them are in maintenance. A good chunk of them are in the plant. And then we do have some, you know, we have some exploration going on. We have a pretty large environmental team and a lot of those jobs or professional positions as well. Over 90% of them are local hires, which I would say with like a one hour radius kind of thing. And most of them have stayed on for seven and a half years. The payroll, this is the payroll breakdown, over 18 million in Lawrence County specifically. We do have some in Meade County, we do have some in Butte, Pennington, a little bit in Wyoming, but the lion's share is from Lawrence County, which is great. We have paid over $17 million in taxes. The lion's share of that is severance tax. We do have lots of partnering opportunities with The Build Dakota Scholarships, I think we have some three to five per year, like diesel, welding. Most of those are the maintenance trades. We have college internships, which I think all are coming from either Black Hills or School of Mines in Rapid. And we're also trying to employ local kids for summer jobs, kind of grow that workforce. Community investment. This is just kind of the breakdown. A lot of it goes back into local communities through sports and education. There's a bit of economic development. Sustainability Fund, we have seeded that. It's its own nonprofit, but we were able to give and donate more to it as well last year and help them while being there. As I mentioned before, we are partnering with the local schools and universities, a lot of the local organizations, and then trying to find ways to use a reclamation well. So we see the over there too, but we do have a very strong standing within the community. And we've tried to partner with the school districts and all of the local nonprofits to make sure that, you know, we are a good partner. I mentioned the land reclamation earlier. We do a lot of land reclamation. We also do a lot of water management. Water management is full-time gig. And we do have our four water treatment plants that we run. and long-term stability. As I mentioned before, I think we did over 90,000 ounces last year. Typically we're trying to target between the 85 and 100. We move around 40,000 tons of rock a day, freshening 10 to 18,000 tons a day as well. And then the silver is kind of a byproduct. So it's a pretty big range between 50 and 200. And then the last line, I'm sure you guys know, but if you don't know mining matters, it's gold is essential. I'm going to tell everybody that I can this, and you guys actually really know quite a bit, so I don't need you to go into it, but tell your friends.

Tell them that Apple phone doesn't come from Apple.

That's right. And that is my handy dandy fancy update with the report to us.

I'll get to hear you again next month.

I know, are you excited? Yeah, I am.

It's going to be very similar to this. Your report.

Yeah. Anybody have any questions for gentlemen? That is beautiful. Thank you for your report. You guys have even been very good in the Orange County search and rescue.

You guys take good care of them.

Well, they take good care of us.

And that wasn't a motion.

It wasn't a motion, right?

Well, thank you.

Thank you all.

Thank you very much for coming in. Well, let's note that there were no violations from work line last year. We look forward to seeing you in another report next year. Of course. Thank you. I believe we are done with Board of Adjustment now.

Yes.

Sarah's up, isn't she? Motion to recess. Adjourn. Adjourn as the Board of Adjustment to sit there and go through all my Board of Adjustment and reconvene as a county commission.

Second. Yeah, it's been moved by Flanagan, second by Colbert to adjourn as Board of Adjustment and reconvene as county commission. All those in favor, say aye. Aye. All those nay. All right, so we're back up with the letter of credit and memorandum of agreement.

Amy, do you know if anybody was gonna be here for this one?

Well, it's about 9.30, so they have a chance. I don't know.

All right, we'll start.

I thought he was going to be on, but maybe not. So this one is, the first one is for Hidden Pines Subdivision, and this one was the one located in Boulder Canyon, so Wild Burger Road and right next to Apple Springs, that little one, that's what Hidden Pines is. The deal with this one, we opted to do a brand new letter of credit and memorandum agreement because they wanted to release some funds. But in the middle of that, when we got their new engineering costs, it was actually not matching with the release. And mainly it just came down to stuff is just more expensive. So when they start going through everything, the cost had gone up quite a bit. And so they just, instead of trying to keep track of, Well, we're releasing 119,000, but when you looked back at the spreadsheet that was provided, it just, we couldn't make a match. So then we felt that it would be easier just to do an amendment to the original letter of credit, and that's kind of what the bank said, yeah, that makes sense. And then we did a brand new cost payment to attach to it because we just couldn't. And there was some weird things like they had completed like some of the fire plan stuff that they paid cash for it instead of pulling from the letter of credit. So that was included in the original letter of credit. So we just, for clearing wise, we just felt it was easier to start over. So that's what this one is. This would be the new one. The bank did an amendment to it with the new amounts. And then we have, I think you have the original, don't you? Okay. And then it was Stockman Bank went ahead and just did a brand new one. for us to resign. And then we have the memorandum of agreement in here, which is updated to all the new stuff. That's what we have.

So these updated costs and they will carry it through the end of the project. Is that correct?

Unless they have a bunch of increases again, and we just told them we'd have to do the same process. Now, this one is a little different than what we've seen, which has been kind of nice for us. So they have the price that they estimated, the total, and then he is updating us on like Like this mobilization, it's been completed. So he's just showing you on here of like what portions have been completed, which is nice for us to keep track of it. So this 119.638 was basically what they were trying to release in theory. So you can see that here to show us the actual to leave the new. And this is kind of how he's going to keep track of it for us, which is actually easier for us. And then he has any of the inspection reports of like things that have been completed. He also included those in here.

Yep.

So we just need to approve the new memorandum of agreement and letter of credit for hidden components.

Mr. Flanagan, did you have a comment? Mr. Elke, you're comfortable with these documents? I did. Amy has a nice job of reviewing them and she discussed it with me and yes.

Motion to follow staff recommendation to approve MOU

Second. I move by five again, seconded by Tisdale to approve the letter of credit and MOA. You can find subdivision. Any other questions? All those in favor, say aye. Aye. Any opposed, nay. Okay.

Do you understand what all these pictures were? It was an inside of a wall.

Like eyeballs. That's what it looks like, but... I'm assuming it's when they drilled. It's after the pump and stuff, so you can see the case. Yes, you can see it now.

Flexible and stuff.

Corners from the bank, is that what it is?

Deer Mountain. Yes. So this one is a new memorandum of agreement and letter of credit for Deer Mountain Phase 3 Block B. Kind of the same as what we've been doing. Again, Amy really watches these for me, which has been a huge help. She keeps track of them. She lets them know when they're expiring, how we need to do it. So she's been working with them to just redo this one as well. Gerard has signed it already. And then here's your engineering costs right there.

Anybody have any questions, discussion on this, a motion, action?

Second. Moved by Tisdale, seconded by Colmer to follow staff recommendations. Letter of credit. All those in favor, say aye. Aye. Opposed, nay.

I think that's all I have.

That's all you have? Yep.

Okay.

I'm not mistaken. We've taken care of everything else in the agenda, haven't we?

I think so. It looks like it.

Yep.

Okay.

It looks like we lost all of our public here, too. I assume that items from the public are going to go pretty quickly. All right. Move on to items from commissioners. I have nothing.

I was going to note, time has flown by quickly, but I think next Tuesday is election day, and then next Thursday, you'll have a special meeting at 8 o'clock. It's also planning something that day as well. Yes, exactly. Right after that. All good? Motion to adjourn.

Okay. We'll consider ourselves adjourned. Thank you very much.