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00:00:09,825 --> 00:00:11,845
[clears throat]

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00:00:18,160 --> 00:00:27,080
We can get started.
Perfect. All right, let's call the

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meeting to order.

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00:00:31,439 --> 00:00:39,920
To the flag of the United States of
America to the republic for it stands

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00:00:37,760 --> 00:00:45,480
one nation
indivisible with liberty and justice for

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00:00:42,480 --> 00:00:45,480
all

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[clears throat]

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00:00:49,680 --> 00:00:57,960
had a chance to look at the agenda. I
would entertain a motion to approve the

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agenda.

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» Second.
>> Moved and seconded twice.

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All those in favor? I
none.

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00:01:13,840 --> 00:01:20,479
Uh hopefully everyone's had a chance to
read the minutes from last meeting.

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00:01:19,910 --> 00:01:26,320
[clears throat]
There's no discussion or edits. I would

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entertain a motion to approve the
minutes from last meeting.

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So moved

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and seconded. All those in favor?
>> Unanimous.

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Are there any conflicts of interest on
the agenda today?

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Seeing none,

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any public comments, official public
comments before we start.

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Council seeing none
move on agenda item number one.

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[clears throat] Okay. The first thing I
have for you is request

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00:02:10,000 --> 00:02:18,879
of lots A, B, C, and D of Borderland
subdivision.

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00:02:15,200 --> 00:02:24,480
Applicant indeed holder is Michael and
Stephanie Divine. They are proposing a

24
00:02:22,319 --> 00:02:31,961
four parcel subdivision.
Lot A, B, C, and D will all be 24.69

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acres. Access to the lots to the
[clears throat] lot is from Mikey Place

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00:02:33,280 --> 00:02:42,239
which is a 66 foot dedicated public
rideway. Access to lots A, B, C, and D

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is for a new 66 foot wide public access
utility easements aesthetic flat.

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We have a comment from the highway
department. Um, he will need a

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construction estimate on the road to be
built so a bond can be collected for the

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road construction. Please provide cost
proposal estimate and drawing so county

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commission can determine the bond to be
collected.

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Um, [clears throat] Black Hills Co-op
asked to have

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on the flat they have an underground
primary running through track. They

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won't have to
other than that there's no issues.

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» So track one I assume is track A.
>> Track one is the whole track now. Oh,

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[clears throat] I just see
it.

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» So, is that discussed with the property
owner?

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» Yep. [laughter]
I have to discuss.

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00:03:48,799 --> 00:03:54,599
» So, you're okay moving forward with them
two contingencies?

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00:03:57,200 --> 00:04:03,560
Okay. No. Is there a motion? Yeah.

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00:04:04,080 --> 00:04:13,542
I was just making sure that she's
your motion and seconded. Any further

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00:04:10,480 --> 00:04:13,542
discussion? [clears throat]

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Seeing none. All those in favor.
All those

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agenda item number two.
[laughter]

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The next one we have is a variance
request to ordinance number two article

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00:04:44,560 --> 00:04:51,040
4 section 17C. The minimum distance
between any structure and any property

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00:04:49,040 --> 00:04:55,360
line [clears throat] other than arrival
shall be 15 ft.

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00:04:53,600 --> 00:05:01,440
Applicant is requesting a variance from
ordinance number two set back with the

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00:04:58,320 --> 00:05:05,280
property line. We requesting to be 10 ft
from the property line. Reason for

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00:05:03,520 --> 00:05:09,560
variance is the concrete was poured
encroaching on the property line.

51
00:05:09,818 --> 00:05:16,400
[laughter]
There is a

52
00:05:14,160 --> 00:05:21,120
a survey. They did he did have it
surveyed. Um

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00:05:19,199 --> 00:05:25,280
there was a comment from register of
deeds.

54
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No, this is a 5 acre parcel. This is
beginning to get out of control. Is

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there someone telling the contractor
should just pour the concrete and then

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come in for

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00:05:38,320 --> 00:05:44,240
the
>> property? I've never done this before. I

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don't know when the speed of so he does.
I can share the back story if this

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helps. Um
when I actually hired the contractor to

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00:05:50,880 --> 00:05:56,720
do it, I asked him to contact the
county. I'm new here. I've only been

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00:05:54,639 --> 00:06:00,080
here for a couple years. I'm not from
the area. I don't know this place. So I

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relied on the contractor to perform
this. [snorts] Um he I guess fell short.

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00:06:04,880 --> 00:06:14,560
Um I then found this out after the
concrete was done. So um it's the way

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00:06:11,120 --> 00:06:19,680
it's the plot is, it's a little triangle
on the far corner that's not meeting

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00:06:17,440 --> 00:06:24,720
requirements. I literally can lay my
body in it and that's the size of the

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00:06:21,199 --> 00:06:29,074
triangle. But I'm trying to go by letter
and try to do my building as best

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possible.
[clears throat]

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00:06:29,919 --> 00:06:39,120
So Terry, I saw in the packet that you
sent by email that there was a letter

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00:06:34,960 --> 00:06:42,680
sent to the butter and you never got a
response from that.

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00:06:44,479 --> 00:06:51,039
» This individual owns [clears throat]
properties just self. I looked up onx

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00:06:48,960 --> 00:06:54,720
who was paying the taxes. I didn't
contact them. I'm not familiar with

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00:06:52,800 --> 00:06:57,440
them. There's nothing built on that
property at this point in time.

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00:06:56,584 --> 00:07:03,400
[clears throat] I know this look like
there's anything going to be built in

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00:07:00,400 --> 00:07:03,400
soon.

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00:07:04,000 --> 00:07:15,479
» The survey was done prior to concrete
uh post I was trying to see what level I

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needed to get.

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So in the ordinance the reasons for
variance are

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» um topography.

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00:07:33,265 --> 00:07:35,285
[clears throat and cough]

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00:07:37,280 --> 00:07:43,680
Um the board upon recommendation of the
planning commission may vary these

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00:07:41,759 --> 00:07:47,680
regulations due to unusual pornography
or other conditions so that substantial

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00:07:45,599 --> 00:07:51,599
justice may be done in the public's
interest here provided that such

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00:07:49,440 --> 00:07:59,039
variation will not have effect of
nullifying the intended purpose of this.

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00:07:56,479 --> 00:08:05,080
» So what did you say a letter was sent to
neighbor? Yeah, I did send a letter and

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I'll send another one.

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00:08:12,080 --> 00:08:15,400
» The 19th

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00:08:16,319 --> 00:08:21,135
August.
>> Yeah.

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00:08:19,115 --> 00:08:21,135
[clears throat]

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00:08:24,160 --> 00:08:27,840
» So they don't live there just a piece of
property.

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00:08:27,630 --> 00:08:31,120
» [clears throat]
>> Yeah, I think the

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00:08:29,440 --> 00:08:35,320
» it's just wrong. They own both parcels,
the 5 acre and the 10 acre.

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00:08:43,519 --> 00:08:50,320
So, is there already um power to both
properties

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00:08:48,080 --> 00:08:56,320
or does that
>> easily need to be kept open for running

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00:08:53,920 --> 00:09:00,000
access for power lines?
I don't know if there's power or not. Is

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00:08:59,279 --> 00:09:05,279
there a reason why
>> there's power on the road?

96
00:09:01,760 --> 00:09:08,640
» Why you put
why why is there a terrain reason or

97
00:09:07,760 --> 00:09:12,800
some other reason?
>> There were some massive boulders that

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00:09:10,640 --> 00:09:18,880
the contractor ran into which are now
decorations on the property. And again,

99
00:09:16,320 --> 00:09:25,326
I asked him to contact the county and
I'm planning clean up now.

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00:09:23,306 --> 00:09:25,326
[clears throat]

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00:09:25,600 --> 00:09:30,959
As you can see in the photo actually
right there, [clears throat] there was

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master. That whole corner all the way
around on that north edge is all

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00:09:34,880 --> 00:09:41,560
gigantic folders that were left behind
that they can't take out.

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00:09:46,880 --> 00:09:56,560
Yeah, there is. I know the property, but
I think the the main thing that I would

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say could could be an issue is if the
neighbor needs

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if they don't have problem, I don't have
a problem with.

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00:10:02,320 --> 00:10:09,519
But if they need that 15 foot to run a
power line,

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um that's I think we need to find out.
Well, wouldn't

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00:10:10,000 --> 00:10:14,560
» that 15 foot be on their property
though?

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00:10:15,120 --> 00:10:23,279
It's 10 and 10
with a 10.8 foot right away. Then we're

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still meeting the 10 and 10.
>> Yeah,

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00:10:23,760 --> 00:10:30,680
» I was told that it was 10 and then it
got changed not too long ago to 15

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by I don't know by the county by just
hearsay. I know the trick.

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00:10:36,560 --> 00:10:44,720
» So it's not in Black Hills energy
territories. in the co-op when the co-op

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00:10:42,240 --> 00:10:47,720
didn't respond. They don't respond
then's

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00:10:48,160 --> 00:10:53,600
how they work. [snorts]
>> I think based on decisions that we've

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made as a commission in the past, I
would make a motion to approve it.

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00:10:55,760 --> 00:11:03,200
» I would second it and I would hope that
we would be here back from the neighbors

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before the commission sees it.
just in case there was something closer.

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But

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» and typically when people get a building
permit, you give them the form that

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shows the setbacks and the
>> well.

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00:11:23,760 --> 00:11:28,079
So
>> typically if somebody would get a

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building permit before they start and
all that

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00:11:28,560 --> 00:11:33,839
» what they told me is because it's
concrete you didn't need a permit is

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what you told me
>> correct you don't get a permit for the

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concrete
>> that might be a good requirement in the

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future
>> so there's not going to be a building on

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00:11:42,880 --> 00:11:48,720
it's just concrete
>> no it's going to be a pole bar

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00:11:45,440 --> 00:11:51,279
» but I I can't build on that corner you
>> sure okay

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00:11:49,600 --> 00:11:56,720
» so I I just need to know how I have to
structure that corner Okay,

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00:11:54,320 --> 00:12:00,600
guess call for vote.
All those in favor.

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00:12:06,403 --> 00:12:08,423
[clears throat]

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00:12:24,743 --> 00:12:26,763
» [clears throat]

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00:12:37,839 --> 00:12:46,399
» Moving on to item number three.
>> The next one is a request for section

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00:12:43,738 --> 00:12:52,720
[clears throat] 9 improvement.
Um, applicant is petitioning to approve

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00:12:49,200 --> 00:12:59,760
a portion of the 66 wide section highway
starting at the end of this road west.

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00:12:56,240 --> 00:13:06,240
Um, and continuing all the way over to
the west half of the northwest part of

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00:13:02,160 --> 00:13:09,240
the northwest quarter section 24.
Um,

140
00:13:09,519 --> 00:13:14,000
that parcel is for sale and is going to
be purchased.

141
00:13:13,869 --> 00:13:22,920
» [laughter]
>> There is no access to it right now

142
00:13:17,440 --> 00:13:22,920
because it is a section line. Um

143
00:13:22,959 --> 00:13:26,760
how many years five years

144
00:13:28,000 --> 00:13:39,600
fiveish couple years ago
the parcel down below came in and asked

145
00:13:35,279 --> 00:13:44,000
to improve this section line going to
this corner but then shooting down

146
00:13:41,279 --> 00:13:47,440
south. And that one has never been
improved.

147
00:13:45,839 --> 00:13:52,000
They never did anything with it. They
don't need the access to that going

148
00:13:49,519 --> 00:13:57,279
south anymore. Um so now [clears throat]
we're just asking to go

149
00:13:54,560 --> 00:14:01,519
from the end of the road west to that
parcel so that they can access their

150
00:13:59,920 --> 00:14:05,519
parcel.
According to the new owners, they will

151
00:14:03,839 --> 00:14:09,279
just
come right off the corner and go

152
00:14:07,440 --> 00:14:13,360
straight up their property without using
a section line going to the north.

153
00:14:15,760 --> 00:14:25,839
So on what you sent us was it just that
little green piece. Okay.

154
00:14:21,839 --> 00:14:29,920
Um they did provide a road bond estimate
on there. The highway department did

155
00:14:27,600 --> 00:14:35,360
comment. The county commission will have
to decide on a bond amount to be

156
00:14:31,519 --> 00:14:38,720
collected from the proposal.
Blackfield Energy does have a

157
00:14:36,959 --> 00:14:45,560
transmission line in the area but sees
no issue with the line.

158
00:14:41,360 --> 00:14:45,560
with section being

159
00:14:48,000 --> 00:14:54,560
» and the portion of the road that's being
improved is on their property or

160
00:14:51,600 --> 00:14:58,160
» both both sides
33 and 33

161
00:14:55,839 --> 00:15:03,720
» and and both lane owners are in favor of
it

162
00:14:58,639 --> 00:15:03,720
» the the one down below. Yes.

163
00:15:11,519 --> 00:15:19,079
It just was seen ter
going all the way across in that

164
00:15:29,360 --> 00:15:32,839
» phone. I believe

165
00:15:36,005 --> 00:15:41,360
[laughter]
>> which property owners will be able to

166
00:15:39,120 --> 00:15:47,440
get a letter to
>> the 937.

167
00:15:43,920 --> 00:15:51,759
So that's borderland and then these guys
the tab searing they're the ones that

168
00:15:49,680 --> 00:15:56,000
came in originally five years ago to
improve the section line.

169
00:15:53,600 --> 00:15:59,680
» Did they get a letter this time?
>> No, they did not get a letter. I can't

170
00:15:57,680 --> 00:16:05,600
get them out this one because they came
in too late. They meet the deadline for

171
00:16:03,279 --> 00:16:09,279
the meeting. I can't get a letter to the
people in time for them.

172
00:16:07,199 --> 00:16:13,320
» I'd make a motion to table it until we
get letters.

173
00:16:10,320 --> 00:16:13,320
» I

174
00:16:18,800 --> 00:16:29,320
would put it
when would you put it on the commission

175
00:16:22,959 --> 00:16:29,320
meeting? Um, so it would go to

176
00:16:30,399 --> 00:16:37,759
commission. I would put it on the 23rd
meeting because I can send a letter this

177
00:16:35,680 --> 00:16:39,680
Friday for the 9th and 16th.
>> You send certified letters?

178
00:16:39,541 --> 00:16:44,800
[clears throat]
>> I do for these. Yes. Y, but I didn't

179
00:16:42,720 --> 00:16:48,160
they got it two weeks, but I could send
one for this. But I always send them to

180
00:16:46,800 --> 00:16:52,639
the commission meeting because that's
the actual public hearing on it.

181
00:16:50,880 --> 00:16:57,199
So I have to advertise for two weeks. I
advertise the 9th to the 16th and I will

182
00:16:54,560 --> 00:17:02,680
get send a letter out
this week for that meeting on the 23rd.

183
00:17:03,360 --> 00:17:11,760
Is there a standard from
I don't want to delay projects just

184
00:17:09,520 --> 00:17:17,039
because people don't respond and
sometimes people don't respond on

185
00:17:14,079 --> 00:17:21,919
purpose
even if they receive a certified letter

186
00:17:19,839 --> 00:17:26,640
just I'm not going to respond. No
response is in fact the response and I

187
00:17:24,880 --> 00:17:31,200
don't want to hold people's projects up
because of that. But is there a timeline

188
00:17:28,720 --> 00:17:35,360
you wait of because you sent it
certified, you know, they got it on X

189
00:17:33,919 --> 00:17:40,880
date via Correct.
>> Is there a Well, if they had 30 days to

190
00:17:38,799 --> 00:17:44,880
respond and didn't respond, we're just
going to move on with the universe

191
00:17:42,640 --> 00:17:48,840
because they're not responding.
>> So, I usually

192
00:17:49,280 --> 00:17:55,679
commission
for two weeks.

193
00:17:53,600 --> 00:18:01,760
They have three weeks to respond. I send
it out the day. Like if this one was to

194
00:18:00,000 --> 00:18:07,720
pass, I send a letter tomorrow. They
have three weeks to respond or come to

195
00:18:03,919 --> 00:18:07,720
come to the public hearing.

196
00:18:09,039 --> 00:18:13,440
In this instance, I didn't they didn't
have I don't [clears throat] think they

197
00:18:12,320 --> 00:18:17,840
would have gotten a letter in time
before this meeting. I didn't have time.

198
00:18:17,137 --> 00:18:23,520
[clears throat and cough] That's where
it's tough with these when I have a

199
00:18:20,960 --> 00:18:27,919
deadline for the agenda,
but I don't have a time enough time to

200
00:18:26,000 --> 00:18:35,440
get a certified letter to them without
pushing this to the next meeting.

201
00:18:31,280 --> 00:18:38,000
» So, if you were if it was to pass, you
would send a letter

202
00:18:37,200 --> 00:18:42,760
» tomorrow.
>> Yes.

203
00:18:38,720 --> 00:18:42,760
» For the meeting on the 23rd.

204
00:18:43,280 --> 00:18:46,280
Eject

205
00:18:51,280 --> 00:18:59,360
the commission
because it is their only access to the

206
00:18:58,403 --> 00:19:02,960
[clears throat]
>> stuff to look at.

207
00:19:00,480 --> 00:19:07,360
» Yeah, there is.
Suppose you know you've got a design

208
00:19:05,679 --> 00:19:10,559
here, but you don't have a number for
the bond. So suppose they don't want to

209
00:19:09,120 --> 00:19:16,480
do that.
Well, the commission has Right. Exactly.

210
00:19:13,280 --> 00:19:20,080
But that's still a question mark.
So, you know, it seems like there's

211
00:19:18,880 --> 00:19:24,559
still a lot of questions.
>> I I think if if they had a if if they

212
00:19:22,960 --> 00:19:30,240
had a letter prior to this meeting and
there was an objection that that might

213
00:19:27,360 --> 00:19:35,120
influence our
>> decision. So, I'd stick with my motion

214
00:19:33,200 --> 00:19:43,520
to table it.
I guess I would say that it's a section

215
00:19:39,520 --> 00:19:49,760
line. They're voting, you know, that
the other land owners might not like it,

216
00:19:46,240 --> 00:19:55,919
but it is a section line and
if these people are going to put up the

217
00:19:51,760 --> 00:20:01,440
pond and build the road, there's
it'd be hard to justify that you can't

218
00:19:59,360 --> 00:20:06,760
build your section and access your
property because one person says no.

219
00:20:09,440 --> 00:20:15,520
just in my opinion on something as big
as a section line opening is to give

220
00:20:13,919 --> 00:20:18,559
people all the chances to look it over
and there's things that we don't know

221
00:20:17,520 --> 00:20:25,480
could [clears throat] be out there that
they can bring up. But give us some time

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and let everybody have their chance.

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» So we have a motion to table and a
second. Any further discussion on that

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motion?

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00:20:36,640 --> 00:20:41,960
Seeing none, all those in favor.

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00:20:42,080 --> 00:20:51,840
All those opposed.
>> So they can still request to move

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forward their commission with a no vote.
>> If they request, but

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» you guys come back and say yes, but you
don't

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come back.
They have to wait.

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» You guys denied it. Yeah.
>> How come five years ago when those other

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folks requested it, it didn't go
through?

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» It did.
>> Oh, it did.

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» It did. It did. It went through and they
never built it because they didn't need

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it. So what happened was the person who
owns 14388 was going to

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section off aquat
parcel to their kid and they went

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through the whole process. But then
their kid got the bill for the road and

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the house and realized how far away from
rapid he was and he said

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so he just never did anything with it.

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So then with it being table letter goes
out tomorrow.

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[snorts]

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» Agenda item number four. Um, we have a
request of appropriate plat of lots one,

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two, and three of Westbury subdivision.
Applicant proposing a lot split into

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three parcels. Lot one will be 1.86
acres. Lot two will be 2.3

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2.03 acres and lot 3 will be 2.40 acres.
Access to lots from Westwood Drive,

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which is a 66 public access utility
easement.

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00:22:41,039 --> 00:22:48,400
Um,
highways comment was approach access for

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lot number one should be limited to
western drive to avoid congestion and

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issues

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comment

250
00:23:01,410 --> 00:23:03,430
[cough]

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00:23:03,600 --> 00:23:14,840
to show the vac that they are vacated on
142 and 137.

252
00:23:10,720 --> 00:23:14,840
It was not vacated.

253
00:23:16,480 --> 00:23:24,159
It just stated that it wasn't
that small,

254
00:23:22,720 --> 00:23:28,880
but they took the note off because
they're using it because that last flap

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00:23:26,320 --> 00:23:35,080
that went through, they're actually
using it and utilized it. It was never

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00:23:32,080 --> 00:23:35,080
vacated.

257
00:23:36,960 --> 00:23:46,280
And then just to remove the one
signature slot as he is not

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00:23:42,559 --> 00:23:46,280
he's [laughter] not part of it

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00:23:56,431 --> 00:23:58,451
[laughter]

260
00:24:02,400 --> 00:24:08,080
and the changes meet the uh highway
recommendation.

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00:24:08,159 --> 00:24:13,600
I believe so.
>> So this road in Culac is already in

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00:24:13,200 --> 00:24:18,360
place.
>> Mhm.

263
00:24:14,799 --> 00:24:18,360
» Yeah. This is like

264
00:24:19,919 --> 00:24:29,480
number three or four in this
subdivision.

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00:24:24,400 --> 00:24:29,480
» So So um Terry's comment

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00:24:32,240 --> 00:24:37,039
showing the vacated area, but it hasn't
been vacated.

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00:24:34,880 --> 00:24:42,640
» It's not. It says shaded portion of
culdeac within west windine subdivision

268
00:24:39,520 --> 00:24:46,559
in the temporary turnaround
area to be vacated [clears throat] with

269
00:24:44,559 --> 00:24:52,279
future expansion. But then we did the
last plat and they did not they did not

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00:24:49,279 --> 00:24:52,279
vac.

271
00:25:01,840 --> 00:25:06,720
Is there a second?
I'll second it.

272
00:25:05,207 --> 00:25:11,159
» [clears throat]
>> One second. Any discussion?

273
00:25:15,600 --> 00:25:22,960
Seeing none. All those in favor.
[clears throat]

274
00:25:20,159 --> 00:25:27,720
Any opposed?
Seeing none passes.

275
00:25:31,360 --> 00:25:42,240
Any discussion items?
I think um when these uh um setbackes

276
00:25:40,080 --> 00:25:45,600
come up, I think it's important anybody
can to go out and look at them because

277
00:25:43,919 --> 00:25:49,747
it makes a big difference when you see
what's there, you know, versus seeing an

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00:25:48,000 --> 00:25:53,919
outp
[clears throat]

279
00:25:51,679 --> 00:25:58,960
like I said, you know,
>> when they come up, everybody's possible.

280
00:25:56,400 --> 00:26:07,760
She's got to get out there.
I can I also really appreciate Terry's

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00:26:03,039 --> 00:26:13,600
comment because I have that same fear of
the you don't want to set the tendency.

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00:26:10,400 --> 00:26:18,559
I do appreciate her exact comment of
>> well do we just build it and ask for

283
00:26:15,760 --> 00:26:25,919
forgiveness if there's no risk of being
told to move versus

284
00:26:21,200 --> 00:26:32,960
» trying to do it right. I also hate when
we get hung up on precedent because the

285
00:26:29,679 --> 00:26:39,120
world changes for a reason.
get too involved with precedent

286
00:26:35,840 --> 00:26:45,200
then people don't agree to change
locked in and I think there's a

287
00:26:40,720 --> 00:26:48,200
situation difference which is every case
independently

288
00:26:52,880 --> 00:26:56,919
any other discussion items

289
00:26:58,080 --> 00:27:05,600
seeing none
to J [snorts]

290
00:27:04,320 --> 00:27:10,368
second.
>> Second. All those in favor

291
00:27:08,348 --> 00:27:10,368
[laughter]

292
00:27:15,760 --> 00:27:21,440
of the mirror.
practicing in front