Proceedings: City of Martin 12-11-19

Proceedings

Wednesday December 11, 2019

The Martin City Council met in Regular Session on Wednesday December 11, 2019 at 5:30 p.m. in the Library Community Room at 101 Main Street.

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

Others present were, Bob Toczek, Patricia Hammond, Joyce Wilson, Gloria Claussen, Bill Kuxhaus, Todd Alexander, Rachel Adair, Jay Yohner, Randy Kocourek, BC States Attorney Sara Harris, City Attorney Sara Frankenstein, Bennett County Commissioners Rolfe Kraft, Judd Schomp, and Rod Kirk, Kelvin McCollam, Marj Frew with the Bennett County Booster, Police Chief Brandon Petersen, Police Officer Daniel Dove, City Foreman Paul Noel, and Finance Officer Jean Kirk.

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

Minutes: The minutes from the November meeting were reviewed. Claussen moved to approve the minutes. Rascher seconded the motion, all voting aye, motion carried.

Finance Officer’s Report: The Finance Officer’s report for November was reviewed. York moved to approve the November Finance Officers Reports. McCue seconded the motion all voting aye, motion carried.

November Beginning Balance on Hand $2,178.723; November Receipts 176,627; Total to be accounted for 2,355,350; Transfer In 34,954; Transfer Out 34,954; Disbursements 117,782; Outstanding Warrants 7,760; CD & Petty Cash 18,219

Claims December 2019: The claims were reviewed by the council. McCue moved to approve claims for payment. Seconded by Hicks, all voting aye, motion carried.

Nov Wages, General Fund, $26,470.82; Nov Wages, Enterprise fund, $10,814.75; Nov withholdings, wage withholdings, $7,371.42; Aflac, insurance, $447.99; Assurity Life, insurance, $18.10; SD Retirement, retirement, $4,095.72; City of Martin, water bill, $117.88; Health Pool of South Dakota, health insurance, $5,583.20; Security First Bank, loader payment, $5,310.65; Marco, Copier leases for office & cops, $219.58; City of Martin, savings, $14,050.69; Bob’s Gas, propane for shop & police, $414.24; Hawkins, chemical and cylinder rental, $822.69; City of Martin, Water bills, $238.52; True Value, supplies and door prizes, $223.39; J.P. Cooke, dog tags, $64.95; Drobny Construction, replace exhaust fan at shop and trim trees and flowers at museum, $293.76; Martin Auto Parts, supplies and repairs, $2,098.10; SD Dept of Environment, certification renewal for foreman, $24.00; Lacreek Electric, electric bill, $7,031.85; Lacreek Electric, repair street lights, $1,706.26; General Store, supplies,, $152.52; Jenner Equipment, bobcat parts, $87.20; JR’s Plumbing, winterize Markota, $280.61; Northwest Pipe Fittings, water supplies & sewer supplies, $1,293.35; Post Office, postage for bills and billing, $195.00; SD Dept of Revenue, garbage sales tax, $472.49; SD Dept of Revenue, water tests, $43.00; Servall, mats & rugs for office, police & ice melt, $148.34; Special Account, reimbursement for postage, $75.00; Golden West Telecommunications, phone & internet, $743.95; GE Associates, repairs, $89.60; Kadrmas, Lee, & Jackson, airport master plan and land acquisition, $12,969.65; SD One Calls, one calls, $8.96; OST Energy Acct, WAPA credit, $358.46; Gunderson Palmer Goodsell & Nelson, attorney fees, $2,871.96; Voyager Fleet System, fuel for vehicles, $1,662.33; Salomon Sanitation, garbage service, $7,720.00; CNA Surety, finance officer’s surety bond, $525.00; SD Police Chief Assn, 2020 dues, $95.00; Martin Heritage Center, SD Community Foundation Grant, $4,500.00; Keep it Safe, offsite backup, $184.04; AT&T Mobility, cell phones and air cards, $398.78; Scherer Publishing LLC, advertisement and publications, $343.92; Brent Weber, haul base course, $578.76; Simon North Region, base course, $241.15; VieVu, spring clips for cops, $16.00; Total $123,473.63

Moffitt moved to approve payment of $1163.00 to the USDA for the lagoon payment. Seconded by Rascher, all voting aye motion carried.

Claussen moved to transfer $10,000 from the BBB Fund to the General Fund to help cover park and museum expenses. McCue seconded the motion, all voting aye, motion carried.

McCue moved to transfer $10,000 from the liquor fund to the General Fund. This was part of the 2019 budget. Moffitt seconded the motion, all voting aye, motion carried.

Moffitt moved to transfer $10,000 from the Water Fund to the General Fund This was also part of the 2019 budget. Rascher seconded the motion, all voting aye, motion carried.

Patricia Hammond/Rubble Site Compost: Patricia Hammond addressed the Council concerning tree branches the city picks up around town and takes out to the rubble site to be burned. She would gladly take all the tree branches and compost that the city has so that she can use it in her greenhouses. However, she is disabled and has no way to collect it herself and haul it to her place south of town. She asked the Council to consider having the city guys haul it to her place instead of the rubble site. Foreman Noel said that if they did that it would probably add an extra hour to their trip as the old truck they use haul the tree branches can only go about 20 miles an hour. Rascher moved to leave the decision up to the city foreman as to what he wanted to do. Claussen seconded the motion. Voting aye were Rascher, Claussen, York, and Moffitt. Voting nay, McCue, motion carried.

Malt Beverage and Wine License Hearing: A Retail (on-off sale) Malt Beverage and SD Farm Wine License and a Wine and Cider License hearing was held for the Dollar General Store. They were applying for a Retail (on-off sale) Malt Beverage and SD Farm Wine License and a Wine and Cider License. Bob Toczek owner of Sportsman’s Lanes had objections to the Dollar General acquiring a malt beverage license and a wine and cider license. He stated that there were already 8 businesses in town selling beer and he was concerned that another business in town selling beer would cut into the profits of the other businesses. The Council was also concerned about how the Dollar General would be managed. Rascher moved to deny the malt beverage and wine applications for the Dollar General Store. McCue seconded the motion, all voting aye, motion carried.

Law: Chief Brandon Petersen updated the Council on what was happening in the law department. In November they had 68 calls for service, 199 total events and 28 arrests with 5 being for felonies and 23 misdemeanors.

Jail: A lengthy discussion was held on the issue of the city police officers not being allowed to use the jail in the court house. There had been discussion between the law board committees for the city and county about the county renting out three cells in the jail that are not currently being used. The cells would have to be fixed up with the cost paid by the city. City attorney Frankenstein said this is a very bad idea as state law requires a county to provide a jail at no cost and that there are 6 perfectly good cells in the jail that are currently being used by the sheriff’s department. The county sheriff has denied use of the jail to the city police because he is afraid of being sued. Attorney Frankenstein said that the joint powers agreement that she has drawn up and that has been reviewed and approved by Bennett County States Attorney Sara Harris, has a hold harmless clause that states that the sheriff and the county employees would not be responsible for any negligence of the city police. Attorney Frankenstein will change the joint powers agreement to specifically say that the sheriff will be held harmless if that is what it takes to get the agreement signed. Bennett County Commissioners Rod Kirk and Judd Schomp told the Council that they have no problem with the city police using the jail. McCue moved to allow the attorneys to handle the joint powers agreement. Attorney Frankenstein said that the joint powers agreement is done and both attorneys agree on it. McCue then withdrew her motion. York moved to approve the joint powers agreement with the change of specifically naming the sheriff in the hold harmless clause. Claussen seconded the motion, all voting aye, motion carried. The joint powers agreement will be on the agenda for approval at the next commissioners meeting on Dec 18, 2019.

Transports: Chief Petersen informed the Council that Sheriff Williams made a policy that the sheriff’s department is no longer going to pay for the Winner Jail transport van to meet the city’s transport officer in Mission. Now the city has to take the prisoners all the way to Winner, which turns a 2-hour trip into an almost 5-hour trip. Finance Officer Kirk informed the Council that there was no money budgeted for transport in this year’s budget or next year’s budget as the County is suppose to pay for transports. The commissioners told the Council that they had budgeted $30,000 for transport costs in the 2020 county budget as the county is suppose cover this expense. No action was taken, it will be discussed further at the next city council meeting in January.

New Tire Machine: Foreman Noel asked the Council if he could buy a new tire changing machine as the one, he has now is really old and worn out. He said a new machine would cost around $6000. The Council asked him to see if he could find a used machine and see how much they would cost and bring it to the next meeting.

Personnel: McCue moved to allow Mike Burke to cash in 100 hours of vacation. York seconded the motion. All voting aye, motion carried.

McCue moved to allow Thomas Chester to cash in 69 hours of vacation. Rascher seconded the motion, all voting aye, motion carried.

Bid opening for empty lot: Kelvin McCollam submitted the only bid for the empty lot. There were two options: Option #1 is $20,000 contingent upon him receiving the contract to build the new IHS office building and the city waiving any sewer and water tap in fees. Second option is $7,000 to paid immediately with no contingency. York entered a motion to accept Option #1 for $20,000. McCue seconded the motion, all voting aye, motion carried.

Bid opening for surplus pickup: Four bids were received for the 99 Ford F150. Jeff Sisco bid $528, Bill Cummings bid $525, Roy Guptill bid $150 and Tim Adair bid $150. Claussen moved to accept the bid of $528 from Jeff Sisco. York seconded the motion, all voting aye, motion carried.

Sewer Rate Increase: Finance Officer Kirk informed the Council that the Sewer Fund is barley breaking even and that there has not been a rate increase for 10 or 11 years. Rascher moved to increase the base rate $1.00 for all sewer accounts, for both inside the city limits and outside the city limits. McCue seconded the motion, all voting aye, motion carried.

RESOLUTION #2019-03

BE IT RESOLVED BY THE CITY OF MARTIN that the following RATES and Fees be adopted for use by the City of Martin in its operation of its Wastewater System.

Sewer Rates:

City Residents $17.09

Revenue Bond Surcharge $ 4.29

Total $21.38

City Commercial: Same as city residents for 2000 gallons of water over 2000 gallons of water there will be an additional $1.00 per 1000 gallons. Includes outside city limits commercial

Outside City Limits: $22.09

Revenue Bond Surcharge $ 4.29

Total $26.38

Dated this 11th day of December, 2019.

CITY OF MARTIN

ATTEST:

Gary Rayhill, Mayor

Jean Kirk, Finance Officer

Adopted: 12/11/2019

Published:

Effective: 

Second Reading off Supplemental Budget Ordinance #216: The second reading of Supplemental Budget #216 was held. McCue moved to approve the second reading and publish the ordinance. Moffitt seconded the motion, all voting aye, motion carried.

ORDINANCE # 216

SUPPLEMENTAL APPROPRIATION ORDINANCE FOR THE CITY OF MARTIN, SOUTH DAKOTA, FOR THE FISCAL YEAR 2019

WHEREAS, in the 2019 Appropriation Ordinance # 211, there was not sufficient appropriation to conduct the indispensable functions of the government in certain of the City Departments, and, there was insufficient money appropriated to discharge certain duties of the City, and;

WHEREAS, there is sufficient money from various sources for this Supplemental Budget.

SECTION 1. That there is appropriated by the City Council of the City of Martin, South Dakota, for the balance of the fiscal year 2019, the following sums of money for the following purposes, which are deemed necessary to defray the lawful duties of the City of Martin for the balance of the year 2019.

General Fund / Building Expense  $4000

General Fund/Snow 3000

General Fund/Park 10,000

General /Fund Street Lights 6,000

Markota Fund/Swim 1,500

Markota Fund/ Markota 49,000

Water Fund 40,000

Sewer Fund 10,000

SECTION 2. That there is hereby authorized to be generated from various organizations and other revenue sources and transfer from various city departments which have excess appropriations the amounts as set out below.

Liquor Fund 49,000

BBB Tax 11,500

Sales Tax 13,000

Water Revenue 40,000

Sewer Savings 10,000

SECTION 3. That this Ordinance shall be in force from and after its passage and publication as required by law.

Dated this 11th day of December, 2019

City of Martin, A Municipal Corporation

Gary Rayhill, Mayor

ATTEST:

Jean Kirk, Finance Officer

1st Reading Nov 13, 2019

2nd Reading Dec 11, 2019

Published: Dec 18,2019

Building Permits: Louis Garner requested an extension on his building permit for a tiny house as he hurt his knee and will not be able to work on anything for a year. Rascher moved to deny his extension. He would need to reapply for a building permit when he was able to work on it again. McCue seconded the motion, all voting aye, motion carried.

Rachel Adair updated the Council on the progress on the house they are working on. Progress has been made but they still have a lot more work to do. Claussen moved to extend the Adair’s building permit for another 60 days. Rascher seconded the motion, all voting aye, motion carried.

Past Due Water Bills: Rascher moved to handle past due water bills as usual. McCue seconded the motion, all voting aye, motion carried.

Personnel: Rascher moved to go into executive session pursuant to SDCL 1-25-2.1 for the purposes of discussing a personnel matter with the Council, Mayor, Chief Petersen, City attorney, and Finance Officer. Seconded by Claussen, all voting aye, motion carried. Into executive session at 7:35. Out of executive session at 7:50. No action taken.

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 January 8th at 5:30 p.m. at the Library Community Room.

Dated this 11th day of December, 2019

Gary Rayhill, Mayor

ATTEST: 

Jean Kirk, Finance Officer

Published once at the total approximate cost of $174.51

Published: December 18, 2019

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