Proceedings: City of Martin 7-12-17


Regular Session

Wednesday July 12, 2017 

The Martin City Council met in Regular Session on Wednesday, July 12, 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 Tootie Moffitt, Shirley McCue, Angie Hicks, and Walter York present. Absent, Gregg Claussen, Chuck Gotheridge. 

Others present were, Tim Heuther with the Bennett County Booster, Police Officer Thomas Chester, Lindsee Harris, Sarah Harris, Mike Olson and James Begeman with BC Golf Assn, Chris O’Bryan, Louis Garner, 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 Hicks, all voting aye, motion carried. 

Minutes: McCue moved to approve the minutes for the June 12th meeting with the following correction. Moffitt seconded the motion to approve the June minutes. All voting aye, motion carried

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

Beginning Balance On Hand, $1,956,421; June Receipts, 149,331; Total to be accounted for, 2,105,752; Transfer In, 9,656; Transfer Out, 9,656; Disbursements, 117,019; Outstanding Warrants, 5,976; CD & Petty Cash, 16,586

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

June Wages, General Fund, $31,304.69; June Wages, Markota Fund, $7,705.73; June Wages, Enterprise fund, $10,963.89; June withholdings, wage withholdings, $10,453.72; Office of Child Support, child support, $92.30; Aflac, insurance, $418.21; Assurity Life, insurance, $45.28; SD Retirement, retirement, $3,893.46; City of Martin, water bill & swim pass, $177.37; AT&T Mobility, air cards for cops & cell phones, $257.08; Health Pool of South Dakota, health insurance, $5,398.50; Marco Inc, copier leases, $185.20; Devonna Lone Wolf, return building permit fee, $795.00; Messerli & Kramer, garnishment, $179.45; Armstrong Extinguishers, annual maintenance, $607.00; City of Martin Savings, savings, $9,671.96; Bob’s Gas, propane for pool, $1,542.28; Lavern Ceplecha, service call for cops, $75.00; Hawkins, cylinder rental & ejector for pool, $908.58; City of Martin, water bills, $6,782.62; Kratovils True Value, supplies, $328.56; Drobny Construction, repair city shop wall, $229.00; Martin Drug, pool supplies, $21.51; Martin Auto Parts, maintenance for cops, streets, parks, $738.71; Lacreek Electric, electric bill, $7,326.13; General Store, supplies, $635.79; Hills Material, cold mix, $26,929.22; JR’s Plumbing, install park toilet, $137.76; Northwest Pipe Fitting, water, park & sewer supplies, $1,295.83; Postmaster, postage for bills & billing, $49.00; BC Booster, publications, $1,239.80; Ramkota Inn, rooms for finance officers school, $391.96; SD Dept of Revenue, garbage sales tax, $560.08; SD Dept of Revenue, water tests, $73.00; Servall, mats & rugs for office, pool & police, $351.78; Golden West Telecommunications, phone & internet, $1,128.28; GE Associates, repairs, $420.25; OST Energy Account, WAPA credits, $481.52; Fresh Start Convenience Store, maintenance on cop cars, $130.95; Security First Bank, loader payment, $5,310.65; Liquivison Technology, clean and inspect water towers, $6,107.50; Gunderson Palmer Goodsell & Nelson, attorney fees, $4,660.00; SD DENR, annual fees for water and sewer, $650.00; Summit Supply Corporation, speed bumps and grills for park, $1,393.18; Lynn’s Dakotamart, pool supplies, $72.14; SD Assn of Rural Water Systems, annual dues, $525.00; Salomon Sanitation, garbage service, $7,049.20; USDA Rural Development, police car payment, $226.00; Card Services, swim stuff for life guards, $410.27; KeepItSafe, offsite backup, $69.09; Brent Weber, haul cold mix, $7,935.04; US Bank, water tower payment, $10,866.09; Total, $179,200.61

Fair Board Donation: McCue move to donate $750 to Bennett County Fair Board out of BBB Funds. Moffitt seconded the motion. All voting aye, motion carried.

Transfer water tower payment: Moffitt moved to transfer $10,000 out of the water savings account to the general fund to pay the quarterly water tower loan. Hicks seconded the motion, All voting aye, motion carried.

USDA lagoon payment: Hicks moved to approve the payment of $1531 to USDA for the monthly lagoon payment. Moffitt seconded the motion. All voting aye, motion carried.

Law: Officer Chester gave a short update on the law department. They had 103 calls for service. 18 arrests with numerous of those being felonies.

BC Golf Association: Mike Olson and James Begeman updated the Council on the golf course. The course is getting better all the time and the greens keepers are doing a great job. Their last tournament had 66 golfers and they also have four new rental carts. LaCreek Electric has volunteered to trim and remove trees. Financially they are doing ok right now but most all their money, in the form of memberships, comes in early in the spring and at the end of summer they still have bills to pay. They asked the Council for $5000 or $10,000. York moved to table the request for money until the full Council can vote on it. McCue seconded the motion, all voting aye, motion carried. 

Plat for Tract 1 of X Subdivision: Chris O’Bryan presented a Plat of Tract 1 of X Subdivision to the Council for their approval. This tract is just outside of city limits and is the fenced in lot behind Bair Ford. York moved to approve the Plat of Tract 1 of X Subdivision. McCue seconded the motion. All voting aye, motion carried.

Siren on Ave E: Finance Officer Kirk informed the Council that after talking to Bennett County Emergency Jeff Sisco about the siren on Ave E that she was unable to turn it in on insurance as it was not damaged. It did not work because it needed four new batteries and as the siren was unnecessary in that location he replaced the siren out at the trap range which had been damaged but still worked.

Speed Bumps: The city office had received a request that a speed bump be put back on Dorothy Street as in the past. Foreman Noel informed the Council that the city only had two set of speed bumps and they were both being used at the park. The Council did not want to remove the speed bumps from the park so York moved to purchase one more set of speed bumps. Hicks seconded the motion, all voting aye, motion carried

Airport Wildlife Fence Bid: On June 29th bids were open at the City Office for the wildlife fence at the airport. Garlet Hocke the project engineer with Kadrmas, Lee and Jackson reviewed the bids. Two bids were received one from Ace in the Hole Construction out of Buffalo, SD for $112,494.90 and the other was from Doug O’Bryan Contracting of Martin for $129,686.60. The bid was awarded to Ace in the Hole Construction pending an in depth review of the bids by the project engineer. Several deviations were noted in the bid from Ace in the Hole Construction. Following the bid opening Ace in the Hole Construction was requested to submit the supplemental information that would indicate their good faith efforts to comply with the requirements of the bid. Ace in the Hole Construction was not able to provide the information. It was the recommendation of Kadrmas, Lee and Jackson contingent and the city attorney’s approval that the bid form Ace in the Hole Construction’s bid be rejected due to the lack of good faith effort regarding the Disadvantaged Business Enterprise participation and that the contract be awarded to Doug O’Bryan Contracting. City Attorney Frankenstein concurred with Kadrmas’s recommendation. McCue moved to reject the bid from Ace in the Hole Construction as they were nonresponsive and not responsible and award the contract to Doug O’Bryan contracting for $129,686.60. Hicks seconded the motion, all voting motion carried.

Airport Grant Application: Hicks moved to approve the Application for Federal Assistance SF-424 for $183,333.33 and have Mayor Rayhill sign it. McCue seconded the motion, all voting aye, motion carried.

Building Permits: The Council reviewed two building permits. Sky Garner at 403 Dorothy St remove existing trailer and put in motor home, Bennett County School District Wood Shop. McCue moved to approve the building permit for the schools new wood shop. Moffitt seconded the motion. All voting aye, motion carried. 

Lindsee Harris Sewer Line: Lindsee Harris at 801 Third Ave shared her concern about her sewer line with the Council. Her sewer line runs to the alley behind her house and then south down the alley to the sewer main on Swallow Street. At some point in time the sewer line from 403 A Dorothy Street, which is across the alley from Ms. Harris’s house was tapped into her sewer line. Ms. Harris is concerned that with the demolition and everything going on across the alley that debris are going to get into the sewer line and plug it up. She asked whose responsibility would it be if something like that happened. She would like 403 A Dorothy Street to have its own sewer connection. After a lengthy discussion McCue moved to table this matter until the next meeting and research can be done on the sewer ordinances. York seconded the motion. All voting aye, motion carried.

Complaints: A complaint from Linay Johnston was reviewed by the Council. On July 11th the city guys were sewer jetting in the alley behind her house which caused sewer water to be sprayed all over her bathroom. Her son was also in the bathroom at the time this happened and he was also sprayed with sewer water. This is the fourth time in the past couple of years that this has happened. She has asked in the past to be notified when they are going to sewer jet the lines so that she can take the proper precautions. When she talked to Forman Noel about this last incident he informed her that she should install a check valve in her sewer line and this would not happen again. This was the first time she heard about a check valve. She would like to be compensated for the damage done to her bathroom or have the city install a check valve on her sewer line for no charge. Hicks move to table this until the city attorney can review the sewer ordinances and advise the Council. McCue seconded the motion, all voting aye, motion carried.

Past Due Water Bills: York moved to handle past due water bills as usual. Hicks 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 August 9th at 5:30 p.m. at the City office.

Dated this 12th day of July, 2017

Gary Rayhill, Mayor


Jean Kirk, Finance Officer

Published once at the total approximate cost of $116.55

Published: July 26, 2017

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