On Feb. 12, it wasn’t a surprise that the Union County Commissioners set a public hearing on the Hyperion rezoning application and ordinance for Monday, March 3. The surprise came when Commissioner Ross Jordan asked the other three commissioners present to table setting a public hearing for two weeks. Commissioner Marvin Schempp was absent. “I would like to defer this motion again,” said Jordan, explaining he’d asked Hyperion officials four questions on Feb. 8 and requested an answer by Feb.11. However, four days had passed and he still hadn’t received a response. “Until I have all the information, I don’t see moving this project forward.” Commissioners Doyle Karpen, Milton Ustad and Dale Neely wouldn’t second Jordan’s motion. Karpen, who is commission chairman, explained the legal timeline for Hyperion rezoning application. Citing South Dakota Codified Law 7-18A and Union County’s ordinances and regulations, Karpen said the timeline begins once the public hearing date is set. On the night of the public hearing, the Commission can hold the first reading of Hyperion’s rezoning application and ordinance. The second reading of the application and ordinance can be read just five days later. “After the second reading, the Commissioners can take a roll-call vote to determine to accept or decline the ordinance,” said Karpen. “Assuming the ordinance passes, at that time, petitions for referendum can begin circulating.” “It all depends on the public hearing,” he said. “After the date is set or we agree to a public hearing, then we have to advertise twice in (the county’s) legal papers so if we publish Feb. 21 and Feb. 28, the earliest we could have the public hearing is the first full week of March.” Karpen noted that township board officials had requested the public hearing not be held on March 4 because that is the townships’ annual meetings. In addition, there had been complaints that the Planning & Zoning Commission’s public hearing had been held on a Wednesday night, which is communities’ church night. That left Commissioners with the date of Monday, March 3. Commissioner Dale Neely made the motion to set the public hearing for March 3, subject to the availability of the Elk Point-Jefferson School gymnasium. Neely was also the Planning & Zoning Board member who made the motion for recommendation the Commission. Without hesitation, Commissioner Milton Ustad seconded it. “I know we’re looking at this thing backed up when a referral can happen based on the primary election,” said Jordan. “I just think that once this thing is put in motion, our ability to negotiate anything in the ordinance becomes less.” “If we have issues to negotiate on this thing, we ought to do that prior to us moving forward with the project,” he said. “To delay it another two weeks to give them time to answer those questions to our satisfaction is two weeks,” said Jordan. “But moving forward is moving forward.” “I’m really hesitant,” he said. “I feel there are some issues here. We want to get some clarification on. I personally really think we should get that information before moving forward.” Karpen noted that there are people they can ask questions of. “I don’t want to feel like I’m being steam-rolled by a big operation,” said Jordan, reminding the commissioners he had submitted questions that were not answered in a timely manner. “To me, again, this is the only time we have to stop, take a look at what we’re gonna do, make sure we’ve got the information before we make a decision,” he said. “Without all the information, I can’t make that decision.” Karpen asked if there was any other discussion. “What part the State of South Dakota would pay for roads and such?” said Ustad. “That’s one of the questions all of us have had, and I’d like to have an answer.” Department Cabinet Secretary Richard Benda from South Dakota Department of Tourism and State Development stood up to answer the question. “We’ve been working with the Commission on this,” said Benda, apologizing to Jordan for not getting his question answered. “Chairman (Karpen), as you are aware of in talking to you and a couple of the other commissioners over a period of time in the last few days,.” He stated that just that morning he’d driven up both 475th Avenue and 317th Street. “We’ve been working on that very subject,” said Benda. “We understand there is going to be a time lag here between the startup of construction and when tax revenues may come in that you’ll use to be able to maintain some of those roadways down there.” “No doubt about it, there will be impact,” he said. “We hope and we pledge -- I told the Commission Chairman the state has no thoughts of leaving this county commission or this county the burden they can’t carry in the interim to be able to get this project going and to be able to have those roads in a maintainable form that:1) Your citizens, your representatives that you represent, can drive on; and 2) Get access to that site in a safe and secure manner.” “We’re working on documents that the commission should be able to have in their hands where we are going to agree to take over, take over maintenance at least, and construction of certain of those roads to be able to have access to the site,” said Benda. “We’re pledging to that. The agreement is quite frankly, within in a few tweaks of being able to get in your hands so we will certainly have it way before the time that you set the hearing.” “So, we can’t wait until we view the document to set the hearing,” asked Jordan. “That’s the question I have. I’d like to see all the ducks in a row before we set the hearing.” “We have four weeks before the public hearing or almost four weeks,” said Karpen. “That’s true,” said Jordan, “but the ability to negotiate becomes less once you make that decision. That’s all I’m saying. For the county, we need to try to negotiate the best document we can.” “I don’t want to play my hand before I have to,” he added. “I don’t think all the cards are on the table.” “Any more discussion,” asked Karpen, then called for the vote. The vote was 3-1 with Jordan dissenting. States Attorney Jerry Miller suggested they use the same format as the Planning & Zoning Commission had for their public hearing. “If Hyperion gets one-half hour, does Save Union County (Committee) get one-half hour, or are we all limited to two minutes?” asked Union County resident Dale Harkness. “I’m sorry, Mr. Harkness, you are not going to be addressed at this time,” said Karpen, “because you aren’t part of the discussion.” “There weren’t any question scheduled,” said Union County resident Liz Merrigan. “It said schedule of public hearing and no public input.” “I’ll take control of the meeting now,” said Karpen. “At this time there will be discussion on all of the above -- how and who gets what time. At this time, Hyperion has not been granted 30 minutes for the hearing. When Harkness started to speak, Karpen asked him to leave the meeting, and called for adjournment of the meeting.