Proceedings: City of Martin 9-12-17

Proceedings

Regular Session

Wednesday September 12th, 2017 

The Martin City Council met in Regular Session on Wednesday, September 12th, 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, Chuck Gotheridge, Tootie Moffitt, and Walter York present. Angie Hicks joined meeting by phone. Absent Shirley McCue. 

Others present were, Marj Olesky with the Bennett County Booster, Police Chief Brandon Petersen, Lindsee Harris, Bennett County State’s Attorney Sarah Harris, Jim Gardner with Gardner, Loutzenhiser and Ryan PC, City Attorney Sara Frankenstein, Foreman Paul Noel, and Finance Officer Jean Kirk.

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

Minutes: York moved to approve the minutes for the August 9th meeting. Gotheridge seconded the motion, all voting aye, motion carried

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

Beginning Balance On Hand $1,970,701; August Receipts 187,071; Total to be accounted for 2,157,772; Transfer In 11,667; Transfer Out 11,667; Disbursements 171,938; Outstanding Warrants 23,188; CD & Petty Cash 16,586

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

Aug. Wages, General Fund, $37,916.38; Aug Wages, Markota Fund, $7,460.19; Aug Wages, Enterprise fund, $12,000.69; Aug withholdings, wage withholdings, $12,675.72; Office of Child Support, child support, $138.45; Aflac, insurance, $520.73; Assurity Life, insurance, $45.28; SD Retirement, retirement, $6,008.50; City of Martin, water bill & swim reimbursement, $95.84; AT&T Mobility, air cards for cops & cell phones, $257.18; Health Pool of South Dakota, health insurance, $4,889.50; Marco Inc, copier leases, $185.20; Messerli & Kramer, garnishment, $386.86; City of Martin Savings, savings, $11,678.35; Bob’s Gas, propane for streets, $50.14; Hawkins, cylinder rental, chemical & repairs, $566.48; City of Martin, water bills, $14,102.18; Kratovils True Value, supplies, $220.21; Martin Auto Parts, parts & supplies, $515.07; Lacreek Electric, electric bill, $7,066.14; General Store, supplies & paint for streets, $1,511.23; Hills Material, oil for street imp, $10,913.55; Jenner Equipment, bobcat filters and parts, $404.25; Martin Vol Fire Dept, quarterly payment, $3,500.00; Northwest Pipe Fitting, water  supplies, $3,000.72; Postmaster, postage for bills & billing, $185.00; BC Booster, publications, $440.58; Sanitation Products, repair sewer jetter, $5,774.71; SD DOT / Division of Finance, sign rental, $32.00; SD Dept of Revenue, garbage & swim sales tax, $440.56; SD Dept of Revenue, water tests, $1,606.00; Servall, mats & rugs for office, pool &  police, $163.77; Special Account, reimbursement for postage, trailer title, cop uniforms and gas, $102.99; Golden West Telecommunications, phone & internet, $909.72; Kratovil Electric, repair softball lights, $133.67; GE Associates, repairs, $67.95; Diesel Machinery Inc, rent roller for streets, $2,400.00; Kadrmas, Lee & Jackson, wild life fence  at airport, $7,375.46; Dakota Supply Group, toilet for boys bathroom, $235.85; OST Energy Account, WAPA credits, $577.33; Snap on Tools, tools, $61.95; Security First, loan payment loader, $5,310.65; Neve’s Uniforms, flash lights & uniforms, $433.75; Law Enforcement Systems, abandoned vehicle stickers, $123.00; Gunderson Palmer Goodsell, attorney fees, $1,392.00; Voyager, fuel for vehicles, $1,805.14; Solaman Sanitation, garbage service, $7,049.20; USDA Rural Development, police car payment, $226.00; USDA Rural Development, extra payment on cop car, $3,000.00; Kadoka Oil, diesel fuel, $1,905.00; Card Services, training workshop for cops, $125.00; C&V Hayworth Trucking, hauling oil, $1,058.30; AT&T Mobility, cell phones, $130.96; The Radar Shop, radar recertificatiom, $177.00; Keep It Safe, off site backup, $69.45; LaCreek Development Corp, fence for new rubble site, $54,054.00; HD Supply Waterworks, water tapping Machine, $131.29; TKDA, professional fee review, $3,000.00; Total, $236,607.12 

Christmas Decorations: Moffitt moved to pay $1525.00 out of the BBB fund to Northern Lights Display for new Christmas lights for Main Street. Gotheridge seconded the motion. All voting aye, motion carried.

Transfers: York moved to transfer $20,000 from BBB to Markota Fund to pay for water used at the golf course. Hicks seconded the motion, All voting aye, motion carried.

Moffitt moved to transfer $49,000 out of the Street Improvement Fund to the General Fund to pay for street improvement expenses. York seconded the motion, all voting aye, motion carried.

York moved to transfer $30,000 from the liquor fund to the Markota fund to pay for swim expenses. Hicks seconded the motion, all voting aye motion carried.

Hicks moved to transfer $54,000 from the Capital Project Fund to the Sanitation Fund to pay for the new land fill fence. York seconded the motion. All voting aye, motion carried.

As Councilman Claussen arrived at the meeting at this time Councilwoman Hicks was disconnected as per her request.

2016 Audit: Jim Gardner of Gardner, Loutzenhiser and Ryan PC, presented the 2016 Audit to the Council. He said the city is in sound fiscal shape and that the only changes from the annual report were from interest income on a couple of CDs. The only two findings were the same two that the City has every year, a lack of segregation of duties and the same company that does the audit also prepares the financial statements. Mr. Gardner pointed out a few areas that could be improved such as more over site by the Council and unique passwords for the office staff. Claussen moved to approve the audit for 2016. Moffitt seconded the motion, all voting aye motion carried. 

KLJ Agreement for Professional services: City Attorney Frankenstein had reviewed Kadrams, Lee & Jackson’s professional Services contract for the airport wild life fence and told the Council that she had no issues with it. Claussen moved to approve the contract and have Mayor Rayhill sign it. Seconded York, all voting aye motion carried.

Contract for Airport Fence: As per suggestion from City Attorney Frankenstein, Claussen moved to have KLJ add an addendum to the contract with O’Bryan’s that has the Disabled Business Enterprise language as required by the FAA Grant. Gotheridge seconded the motion, all voting aye, motion carried. 

Law: Chief Petersen gave an update on the law department. They had 135 calls for service in August. They had 16 arrests with six of those being felonies.

Complaints: Jong- Boon Moon at 905 Far Vu had complaint about the property across the alley. They are playing music very loud at all times of the day and night. She has called 911 numerous times and would like to know why they were not issued a ticket. She would like to know what she should do now as calling 911 did nothing to stop the loud music. Both the Council and Chief Petersen advised her to keep calling 911.

Lindsee Harris Sewer Line: Finance Officer Kirk informed the Council that she had went back through the minutes and found that the building permit to move a trailer onto that lot was approved in July 1987. In 1986 the ordinance stated that neighbor needed the City Utilities Superintendent’s permission to not connect directly to the city main. Nothing could be found in writing where the superintendent gave permission for that sewer line to be connected to Harris’s. By 1989, the applicable ordinance read as it does today, and did not allow the neighbor to hook up to Lindsay Harris’ lots’ sewer line. After discussion, York moved to have the city foreman cap the sewer line and split the cost between the two land owners.

Claussen seconded the motion. All voting aye, motion carried.

City’s Vacant Lot by Park: Jay Hodgens owner of the property next to the vacant lot had inquired if the City would be interested in selling this lot as it might help him to sell his property. It was consensus of the Council that they did not want to sell this property.

Personnel: York moved to hire Brian Becket as a seasonal employee at $9.50 an hour. Moffitt seconded the motion, all voting aye, motion carried.

York moved to go into executive session (SCL1-25-1.2) with the Mayor, Council, Finance Officer, City Attorney and Chief Petersen. Moffitt seconded the motion. All voting aye, motion carried. Into executive session at 6:30 p.m. Out of Executive session at 6:38. No action taken.

Water Project Professional Contract: City Attorney Frankenstein informed the Council that she is still working with Kadrmas Lee & Jackson on their contract for professional services for the upcoming water project. Her recommendation was not to sign it until the clause limiting Kadrmas’s damages to $50,000 was removed. 

Resolution 2017-4:

Resolution 2017-4

A Resolution Approving The Special Assessment Roll For Nuisance Abatements And Unpaid Improvement Charges

WHEREAS, the Governing Board of the City of Martin, South Dakota deemed it necessary abate nuisance violations, and

WHEREAS, the Governing Board has provided that said assessments shall be payable in one installment, payable through collection by the County Treasurer, and

WHEREAS, the Governing Board has set the interest rate at five (5) percent commencing 30 days from and after the date of approval of this resolution and certification of the assessment roll by the Municipal Finance Officer, and

WHEREAS, the whole of such assessment or any installment thereof may be paid at anytime

NOW, THEREFORE, BE IT RESOLVED that the Governing Board, in and for the City of Martin, South Dakota, does hereby approve the Special Assessment Roll, attached, for nuisance abatements and unpaid improvement charges.

Dated this 12th day of September, 2017.

CITY OF MARTIN

Gary Rayhill, Mayor

ATTEST:

Jean Kirk, Finance Officer

Adopted: 9/12/2017 

Published: 9/27/17 

Effective: 10/17/17 

2017 - Nuisance Cleanup

City Of Martin - Special Assessment Roll

No., Land Owner, Lot, Block, Subdivision, Original Assessed Amount, Annual Payment Amount, 2017 Principal Due, 2017 Interest Due, 2017 Payment Rec’d

1. John McCollam TRACT IN 12, OUTLOTS, 200.00, 210.00, 200.00, 10.00

2. Teresa Rolfe, 7, 2, Cooks Addition, 200.00, 210.00, 200.00, 10.00

3. Lindell Adair, 4, 2, Original Town, 766.38, 210.00, 804.70, 38.32

4, Stuart Bucholz, 1, 1, First Addition, 160.00, 168.00, 160.00, 8.00

12-Sep-17 I hereby certify this to be a true and correct document, that being the Special Assessment Roll for the City of Martin, Bennett County, South Dakota

Finance Officer

Jean Kirk

Filed in the office of the Martin City Finance Office September 12th, 2017

Claussen moved to adopt Resolution 2017-4. Gotheridge seconded the motion, all voting aye, motion carried.

Resolution 2017-5: Claussen moved to approve Resolution 2017-5. Gotheridge seconded the motion, all voting aye, motion carried. 

RESOLUTION 2017-5

THEREFORE, BE IT RESOLVED by the City Council of the City of Martin, a Municipal Corporation, that the Mayor of the City of Martin be designated as the authorized representative of the City for the purpose of signing all documents, forms, and other papers that are required in connection with the Water Improvement Project.

Dated this 12th day of September, 2017.

CITY OF MARTIN

ATTEST:

Gary Rayhill, Mayor

Jean Kirk, Finance Officer

Adopted: 9/12/2017 

Published: 9/27/2017

Effective: 10/17/2017

2018 Budget Second Reading: The second reading of 2018 Appropriation Ordinance #209 was held. 

Appropriation Ordinance # 209

SECTION I

BE IT ORDAINED BY THE CITY OF MARTIN THAT THE FOLLOWING SUMS ARE APPROPRIATED TO MEET THE YEAR 2018 OBLIGATIONS OF THE MUNICIPALITY:

TAX SUPPORTED FUNDS

Mayor & Council, $ 18,760

Election, 900

Attorney, 26,400

Finance Officer, 87,000

General Government Buildings, 17,300

Code Enforcement, 300

Airports, 160,300

Heritage Museum, 3,700

Parks & Recreation Improvement, 60,775

Police, 313,850

Fire, 27,100

Streets & Alleys, 109,050

Street Improvement, 117,875

Snow Removal, 34,670

Street Lights, 45,000

Contingency Fund, 50,000

TOTAL TAX SUPPORTED FUND $1,072,980

SECTION II

THE FOLLOWING IS A SUMMARY BY FUNDS OF THE APPROPRIATED AMOUNTS AND MEANS OF FINANCING THEM:

TAX SUPPORTED FUNDS - APPROPRIATIONS

Applied Cash, $ 7,148

Estimated Unencumbered Other, 86,100

Transfers - Savings St Imp, 117,875

- BBB Tax Fund, 20,000

- Liquor Fund 80,000

- Water, 25,000 

General Tax Levy, 161,357

Contingency Fund, 50,000

City Sales Tax, 370,000

State & Federal Grants, 142,500 

State Motor Vehicle Funds 13,000 

TOTAL, $1,072,980

SECTION III

SPECIAL REVENUE / TRUST & AGENCY 

Sp Rev - Markota, Swim, Golf, $ 126,230

Trust & Agency (Hodson Park 1,000 

TOTAL, $127,230 

SELF-SUPPORTED FUNDS

Liquor & Operating Agreements $ 156,120

Water / Meter Deposit / Savings 983,250

Sewer, / Savings, 145,450

Sanitation 125,070

TOTAL, $ 1,409,890

SECTION V

CONTINGENCY FUND 5% OF TOTAL BUDGET

$2,610,100 X 5% = $130,505

SECTION VI

CONTINGENCY FUNDED BY ESTIMATED CASH SURPLUS

Liquor, $ 65,253

Water, 65,252

SECTION VII

THE FINANCE OFFICER IS DIRECTED TO CERTIFY THE TAX LEVIES IN THIS ORDINANCE TO THE BENNETT COUNTY AUDITOR.

CITY OF MARTIN

A MUNICIPAL CORPORATION

Mayor 

ATTEST:

Finance Officer

1st Reading: 8/09/17

2nd Reading: 9/12/17 

Published: 

Adoption: 

Moffitt moved to approve and publish Appropriation Ordinance #209. York seconded the motion, all voting aye, motion carried. 

October Clean Up Month: York moved to have the month of October as free clean up month for city residents. Gotheridge seconded the motion, all voting aye motion carried.

Building Permits: York moved to approve the building permit for Louis Garner at 403A Dorothy St for a shed and privacy fence. Moffitt seconded the motion, all voting aye, motion carried. 

Councilwoman Hicks joined the meeting by phone. The second building permit was from Greg Claussen at 303 Ave C. He would like to build a storage shed. York moved to approve the building permit with a second by Moffitt. Voting aye were Hicks, Gotheridge, Moffitt and York. Abstaining, Claussen. Motion carried.

Past Due Water Bills: Claussen moved to handle past due water bills as usual. York 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 Moffitt.

The next city council meeting will be held October 11th at 5:30 p.m. at the City office.

Dated this 12th day of September, 2017

Gary Rayhill, Mayor

ATTEST:

Jean Kirk, Finance Officer

Published once at the total approximate cost of $198.45

Published: September 27, 2017

502 Second Avenue, Martin, SD 57551 • 605-685-6866 • booster@gwtc.net