Proceedings: City of Martin 6-14-17


Regular Session

Wednesday June 14, 2017 

The Martin City Council met in Regular Session on Wednesday, June 14, 2017 at 5:30 p.m. in the Martin Community Room at 101 Main Street.

Mayor Gary Rayhill called the meeting to order with council members Gregg Claussen, Tootie Moffitt, Shirley McCue, Angie Hicks, and Walter York present. Absent, Chuck Gotheridge. 

Others present were, Marj Oleske, with the Bennett County Booster, Police Chief Brandon Petersen, members of the American Legion Post 204 baseball team, Bennett County States Attorney Sara Harris, Foreman Paul Noel, and Finance Officer Jean Kirk.

Approval of Agenda: McCue moved to approve the agenda with flexibility. Seconded by Hicks, all voting aye, motion carried. 

Minutes: McCue moved to approve the minutes for the May 10th meeting with the following correction.

Sewer Line: Discussion was held on the sewer line located at the Burrito Stand 116 W Bennett Ave. While putting in a sewer line for the new bathroom the contractor damaged the sewer line of Janeen Jackson. Her house sits on the lot just north of the burrito stand and her sewer line runs across the burrito stand’s lot. The city guys fixed the line so Ms. Jackson would have a working sewer. Erica Reyes who owns the burrito stand had mentioned to Foreman Noel that she at some point in the future might want to put a building where the sewer line is located. If she did put up a building then Ms Reyes would have to pay to move the sewer line to the edge of her property. Claussen moved to waive the sewer tap in fee for Janeen Jackson if the sewer line is moved. McCue seconded the motion. All voting aye, motion carried. 

Claussen moved that in the event that the Ms. Jackson’s sewer line needs to be moved that Ms. Reyes would have to pay for the cost of the backhoe and labor. McCue seconded the motion. All voting aye, motion carried. Moffitt seconded the motion to approve the May minutes. All voting aye, motion carried

Finance Officer’s Report: Claussen moved to approve the Finance officer’s report for May. Seconded by Hicks, all voting aye, motion carried. 

Beginning Balance On Hand $1,895,175; May Receipts 195,362; Total to be accounted for 2,090,537; Transfer In 30,656; Transfer Out 30,656; Disbursements 124,857; Outstanding Warrants 21,585; CD & Petty Cash 16,586

Claims June 2017: The claims were reviewed by the council. McCue moved to approve claims for payment. Seconded by Hicks, all voting aye, motion carried. 

May Wages, General Fund, $25,834.69; May Wages, Markota Fund, $1,509.75; May Wages, Enterprise fund, $9,852.86; May withholdings, wage withholdings, $10,401.14; Office of Child Support, child support, $158.40; Aflac, insurance, $418.21; Assurity Life, insurance, $45.28; SD Retirement, retirement, $4,290.44; City of Martin, water bill, $79.50; AT&T Mobility, air cards for cops & cell phones, $257.08; KeepItSafe, offsite backup, $67.64; Health Pool of South Dakota, health insurance, $5,398.50; Marco, copier leases, $245.20; City of Martin Savings, savings, $9,656.30; Bennett County Auditor, 911 surcharge fee, $880.65; Bob’s Gas, propane for pool, $2,312.14; Hawkins, cylinder rental & supplies for pool, $207.68; City of Martin, water bills, $2,011.02; Kratovils True Value, supplies, $329.16; Martin Auto Parts, police vehicle repair &supplies, $1,390.98; Lacreek Electric, electric bill, $6,475.94; General Store, supplies, $374.26; Jean Kirk, mileage and meals for Finance Officer School, $154.92; JR’s Plumbing, fix broken  water line at pool and Gloria Claussen sewer line, $989.80; Northwest Pipe Fitting, water  & sewer supplies, $2,000.77; Postmaster, postage for bills & billing, $185.00; US Postal Service, box rent, $56.00; SD Dept of Revenue, garbage sales tax, $440.32; SD Dept of Revenue, water tests, $43.00; Servall, mats & rugs for office &  police, $126.28; City Special Account, postage  and gas, $189.35; Golden West Telecommunications, phone & internet, $715.55; GE Associates, pool repairs, $45.00; Kadrmas Lee & Jackson Inc, wildlife hazard fence plan, $13,569.49; SD One Call, one calls, $19.04; OST Energy Account, WAPA credits, $294.90; Fresh Start Convenience Store, maintenance on cop cars, $69.90; Neve’s, uniforms for cops, $25.90; Lyle Signs, new signs, $522.48; Tiffany Pettit, meals for Finance Officers School, $19.87; Lynn’s Dakotamart, gas, $33.64; Voyager, fuel bill, $1,704.40; Summit Supply Corp, infant rubber swings, $253.98; Salomon Sanitation, garbage service, $7,104.70; USDA Rural Development, police car payment, $226.00; C&V Hayworth Trucking, load of oil for streets from last year, $1,075.00; SD Dept of Transportation, wind socks for airport, $16.95; Martin Addiction Recovery Center, employee drug tests, $220.00; AT&T Mobility, cell phones, $131.08; Cool Breeze Trees, 6 trees for parks, $895.00; KeepItSafe, offsite backup, $68.49; Total, $113,393.63

Post 240 Baseball Team: Daniel Winsand and seven other members of the Post 240 baseball team approached the Council about donating to the baseball team to help pay for new uniforms and travel to out of town games. Claussen moved to donate $500 dollars out of BBB funds to the baseball team. Moffitt seconded the motion. All voting aye motion carried.

Building Permits: The Council reviewed five building permits. Pioneer Building Inc at 103 Porch Street erect a post frame building with fabric, Devonna Lone Wolf 501 Swallow move trailer out of town, Aaron Noel 207 Ave D privacy Fence, Aarin and Kristina Ainsworth 206 Ave C privacy fence, Sky Garner at 403 Dorothy St remove existing trailer. Claussen moved to approve all building permits except Sky Garner’s. Hicks seconded the motion. All voting aye, motion carried. After a short discussion about Ainsworth’s building permit Claussen moved to rescind his previous motion. Hicks seconded the motion, all voting aye, motion carried. Claussen moved to approve the building permits of Pioneer Building, Devonna Lone Wolf, Aaron Noel and to approve the building permit of Aarin Ainsworth with the stipulation that his propane tank be moved off of the city’s curb stop. Hicks seconded the motion, all voting aye motion carried.

Second Reading Ordinance #207: The second reading of ordinance # 207 was held: 




SECTION 1. The 2017 Code of the City of Martin be and is hereby declared to constitute the Ordinances for the City of Martin. 

SECTION 2. No ordinances previously adopted by the City of Martin which deal with the appropriation of monies, the granting of franchises, or any other subject of a general nature shall be construed as being repealed by this Ordinance. 

SECTION 3. The only substantive changes to the City Code are to Sections 1-1-3 and 1-1-6. Those two sections are hereby amended to read as follows:


Notwithstanding the enactment of the prior Ordinance 186A and 186B, the prior Codification, Revision, and Compilation of City Ordinances known as the 2012 Municipal Code of the City of Martin, and notwithstanding this Ordinance 207, the Codification, Revision, and Compilation of City Ordinances known as the 2017 Municipal Code, it is expressly provided that any ordinances dealing with the appropriation of monies or the granting of franchises to any entity are not repealed and remain in full force and effect as if this Ordinance had never been enacted.


Except as stated elsewhere in a specific Section of the Code, any person violating any of the provisions of this Code shall be deemed in violation of City ordinance and upon such a determination thereof shall be fined in an amount not exceeding $200.00, and taxed the costs of prosecution of the case. Any other penalties other than fines shall apply to the specific chapter or Section to which a penalty is provided for the violation thereof. Each day such violation is committed or permitted to continue shall constitute a separate violation and shall be punished as such hereunder.

This ordinance shall be in full force and effect from and after its passage and publication, as required by law. 

Dated this 14 day of June, 2017.

City of Martin, a Municipal Corporation



Jean Kirk, Finance Officer

1st Reading May 10, 2017

2nd Reading June 14, 2017

Published June 28, 2017

Effective July 18, 2017

McCue moved to approve and publish Ordinance #207. Claussen seconded the motion, all voting aye, motion carried.

Second Reading of Fine and Bond Ordinance #208: 


An Ordinance To Amend Title One, Chapter Five, The Fine And Bond Schedule For The City Of Martin

Be It Ordained By The City Council Of Martin, South Dakota, Bennett County, That The City Hereby Adopts The Attached Fine And Bond Schedule, Contingent Upon Adoption By The 6th Circuit : 

State Of South Dakota) ) In Circuit Court

) SS

County Of Bennett ) Sixth Judicial Circuit

Fine/Bond Schedule For Martin, SD

Municipal Ordinance Violations

May 10, 2017

Comes now the Presiding Judge of the Sixth Judicial Circuit and makes the following order, superseding all previous such orders and authorizes lay magistrates to fix bond, take fines or take personal recognizance for Martin Municipal Ordinance violations as follows:

See Table on pages 9 and 10

The fines above itemized are only binding upon cases where a power of attorney is issued by the officer and/or when the appearance is made before a lay magistrate. State statutes provide that magistrate judges or circuit judges are not bound by this schedule.

This schedule shall be effective ___________________ and shall continue in effect until further order of the Court.

Dated this _____ day of ___________, 2017.


Circuit Court Judge


Clerk of Courts

By: Deputy Clerk of Courts

Dated this 14 day of June, 2017.

City of Martin, A Municipal Corporation



Jean Kirk, Finance Officer

1st Reading May 10, 2017

2nd Reading June 14, 2017

Published June 28th, 2017

Effective July 18th, 2017

Claussen moved to approve and publish Ordinance #208. McCue seconded the motion. All voting aye, motion carried.

Gravel for Ave E: Foreman Noel informed the Council that Ave E is in bad shape and needs to have 6 to 8 loads of gravel. After a short discussion York moved to have Foreman Noel purchase however many loads of gravel needed to fix Ave E. McCue seconded the motion. All voting aye, motion carried.

Siren on Ave E: Forman Noel explained to the Council that the siren on Ave E was removed because it was no longer working and parts from it were being used on the siren out at the shooting range. However, it was still showing up on the City’s insurance as being insured. The City should either drop coverage on the siren or put up a siren that works. York moved to turn in a claim to insurance on the siren and see if the insurance would cover the cost of replacing the siren. Moffitt seconded the motion. All voting aye motion carried.

Park Security System: The park security system was discussed again. Councilman Claussen had tried calling the business that supplied the quote at the last meeting but could not get a-hold of anybody. He will do some more research and look at some different options.

Law: Police Chief Brandon Petersen updated the Council on what was happening in the law department. In May they had 258 calls for service and 24 arrests with 9 being felonies. They also had 8 burglary calls.

York moved to go into executive session concerning personnel (SDCL 1-25-1.2 & .3) with the Council, Mayor, Police Chief, States Attorney, and Finance Officer. Seconded by Hicks, all voting aye motion carried. Into executive session at 6:00 p.m. Out of executive session at 7:00 p.m. 

Claussen moved to hire Scott Milliken as part time transport driver at $9:00 an hour. Hicks seconded the motion, all voting aye motion carried.

Meter Deposit Account: Finance Officer Kirk explained that the water meter deposit account is used to keep track of water meter deposits for city residents who get a water bill. The money stays in this account until they move and the bill is paid in full. If the account is shut off for non-payment then that deposit is applied to the outstanding bill. This account was not in balance when Finance Officer Kirk started, however Assistant Finance Officer Tiffany Pettit has gone through all the meter deposits and now there is an amount she can start balancing to every month. A transfer of $1428.32 needs to be made from the water fund to the meter deposit account to bring into balance. Claussen moved to transfer $1428.32 from the water fund to the meter deposit fund. Moffitt seconded the motion. All voting aye, motion carried.

Past Due Water Bills: Claussen moved to handle past due water bills as usual. Moffitt seconded the motion. All voting aye, motion carried.

Adjournment: As there was no further business to come before the council at this time, motion to adjourn was entered by Claussen.

The next city council meeting will be held July 12th at 5:30 p.m. at the City office.

Dated this 14th day of June, 2017

Gary Rayhill, Mayor


Jean Kirk, Finance Officer

Published once at the total approximate cost of $1,024.56

Published: June 28, 2017

502 Second Avenue, Martin, SD 57551 • 605-685-6866 •