A Sees candy sale will be at the A-W Carnival March 14. There are some extra Easter candy items that will be available from 5:30-7:30 p.m. that night. Proceeds go towards the teachers’ wish list. Don’t miss this last chance to buy Sees!  

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The Akron Hometowner

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110 Reed St.,

PO Box 797

Akron, IA 51001

Online Edition Archive

At the Feb. 26 Union County Commission meeting, the commissioners considered a Joint Powers Road Improvement and Maintenance Agreement with the State of South Dakota. Previously, South Dakota State Tourism & State Development Director Richard Benda had said the state pledged to help the county in the interim with road maintenance during Hyperion project construction. But what he forgot to publicly say was that once Union County officials see any tax revenue from the Hyperion project, the state wants their money back. This agreement would be for maintenance of following county and township road segments used to access the Hyperion Energy Center: • 473rd Avenue from its intersection with Highway 50 to its intersection at Highway 48 to facilitate north and southbound traffic to and from 315th Street, a township road. • 315th Street from its intersection with 473rd Avenue eastward to the proposed primary employee gate for the Energy Complex, a distance of no more than 1.25 miles, provided the township with jurisdiction over this street consents to State’s activities. • 475th Avenue from its intersection with Highway 50 to the proposed primary construction and heavy equipment gate, a distance of approximately 1.0 mile. • 475th Avenue from its intersection with 315th Street to its intersection with Highway 48 to facilitate northbound and southbound traffic to and from 315th Street. If Hyperion’s construction activity ceases for reasons unrelated to weather and subsequent traffic is no more than 100 percent of preconstruction levels, the state will be relieved of its responsibility for the improvement and maintenance of (above) roads once the state has completed any and all required maintenance as agreed to by the county and state. This agreement could resume if construction began again and county and state officials agreed to do so. The state’s maintenance responsibilities under this agreement will only apply to maintenance of the driving surface, and include joint sealing, joint repair, concrete pavement repair, repair of concrete curb and gutter, chip sealing, pothole repair, patching, crack sealing, and shoulder repairs. The state’s maintenance work will address the increase in construction and operational traffic resulting from the Energy Complex. The state will not be responsible for snow, ice and debris removal from the driving surface. The state will construct improvements to the driving surface of these roads should the county or state determine that the type or volume of traffic or condition of the road requires such improvements be made, according to the agreement. And that, all of these improvements are contingent upon expenditure approval by the South Dakota Transportation Commission. The county and the township will retain sole responsibility for maintaining the ditches, drainage and signs. Brule and Spink Townships are responsible for all gravel roads in their areas, including 315th Street. The state will prepare all plans, specifications and estimates for any improvements and will furnish copies to the county and township officials. This agreement ends when 1) Union County officials receive the Hyperion Energy Center is 50 percent completed and the county has received the first of the two tax payments of that tax assessment; 2) the county creates or initiates a Road Improvement District or Tax Increment District in which the county anticipates tax assessments in excess to the calculations of No. 1; or Hyperion abandons construction. The county will annually apply at least 30 percent of such excess funds towards reimbursement of the state’s costs for maintenance and improvement of the local roads until such time as the state has been fully reimbursed, according to the agreement. The agreement also includes language that there can be further negotiation regarding other roads if it becomes apparent that Hyperion’s project is affecting more than the roads listed here. “We have been involved with our states attorney and involved with the state of South Dakota to come up with an agreement on the infrastructure that surrounds the Hyperion proposed project, if it occurs,” Chairman Doyle Karpen explained at the meeting. “Read through it,” he instructed his fellow commissioners as the agreement was handed to them during the meeting. “You’ve seen most of it. There are probably a few highlights you need – it pretty much goes through everything we’ve asked our states attorney to look at.” Benda complimented Union County States Attorney Jerry Miller for his work on this. “Who has the power to spend the money?” asked Commissioner Ross Jordan. “Does it have to go back to (the state legislative) Appropriations (Committee)?” Appropriations will meet with the South Dakota Department of Transportation officials on Feb. 28, Miller replied. “Based on our conversation of this morning, he didn’t indicate they had any issues with this. The DOT would sign off that they are aware of it and agree with it.” “When the need for funds becomes apparent, according to the agreement, the funds would be there for this,” said Miller. “This is a priority project.” “With the state having funding problems, will they guarantee these funds,” asked Jordan, “or we could still be left with no funds even though there is an understanding that we’re on the list.” “My understanding is that we are a priority project,” said Miller. “We are first in line.” “If they have no funding at all, my understanding is we won’t get anything,” said Karpen, “but I imagine they have funds. The DOT seems to have funds all the time.” “The legislature may be arguing over that budget right now,” said Benda, “but it doesn’t include zero funding.” “I think it’s a fair agreement,” said Karpen, complimenting Miller on his work. “Like I said, the secretary’s worked with us very diligently on coming to this result.” Then he asked for a motion on the agreement but Miller suggested the commissioners wait until they had a “finished product,” which the DOT was reportedly going to finish on Feb. 28. “What could be the earliest date that this went through Appropriations?” asked Jordan. “When would we know there is actually funding for this project?” “Like with every project we commit to in the South Dakota Department of Tourism & State Development or state DOT, if you’re in the steps, you are in there,” said Benda. “You’ve got the approval in the process. You’re in. I don’t know how I could guarantee any more that the money was in that budget.” “The DOT Commission will have this in front of them on (Feb. 28),” said Benda. “They will indicate they are signing this agreement and know it could be coming up in the future…the indications are as soon as we need to maintain those roads, we will take care of it.” Commissioner Milton Ustad questioned Township Boards’ authority over local roads, would they still have the authority to decide about road closings. “We kept some of those sections in there to say there are roads in there that aren’t going to be impacted,” said Benda. “However, if they do end up to be impacted, the document is fluid enough that we can sit down and talk about that. At the same time, snow removal, dead animal removal and stuff like that, the DOT is not going to be pulling their guys off the interstate to do that.” “That is why I believe some of that language was in there,” said Benda. “To be able to ensure everybody understood, and of course, the Township Board has to enter into an agreement on 315th Street. I’m sure they will, and that agreement has been reached, too.” “What was written in the contract, basically it states the state and county will be able to agree to what impact the associates support in construction with this Hyperion project,” said Miller. “If there are impacts on other roads that were not anticipated, this agreement allows the state and county to assess that and include that into this agreement and expand it. It’s broad enough to allow that.” This agreement includes a deadline when it ends, said Benda. After the meeting, The Akron Hometowner asked Benda why he presented the agreement and not DOT officials. “They were in some meetings and stuff,” said Benda. “It’s really the DOT and me meeting on this. It’s an economic development project but the DOT secretary is directly involved. I spoke to him right outside here so we are closely aligned on this thing.” Benda declined to answer questions about Governor Rounds $60 million promise to Union County for the interstate roads at last fall’s Tri-State Governor’s Conference stating, “It has nothing to do with this agreement.” This agreement also doesn’t include any mention of state Highways 48 and 50. Benda told The Akron Hometowner that the state already maintains those roads. When asked if that means South Dakota officials typically maintain their roadways by paving only where vehicle tires touch the pavement as is done on both Interstate 29 and Highway 48, he declined to answer, referring The Akron Hometowner to DOT Secretary Darin Bergquist. As of press time Monday, DOT had not signed this road agreement. Editor’s Note: The complete road agreement is available at elkpointgorilla.com. Also, in next week’s edition, there will be a story of an interview with Bergquist.