PROCEEDINGS OF THE CITY COUNCIL

CITY OF PHILIP, SOUTH DAKOTA

A special meeting of the Philip City Council was held on May 27, 2008, at 3:30 p.m. in the Community Room of the Haakon Co. Courthouse for the purpose of discussing and clarifying FEMA base flood elevation issues. Present were Mayor John F. Hart, Finance Officer Monna Van Lint, Council Members Monte Palecek, John Kangas and Michael Vetter. Also present were Deputy Finance Officer Brittany Smith, Public Works Director Tom Lesselyoung, Harlan Quenzer with SPN & Assoc.; and later, Cindy Maszk with SD Office of Emergency Management, Office of Mitigation and Council Member Shirley Chin.

Absent: Council Members' Schofield and Walker.

This meeting was scheduled to review and discuss the City's floodplain concerns with Michelle Saxman, SD Office of Emergency Management Floodplain Coordinator.

Without quorum present, those in attendance reviewed elevation maps developed by Harlan Quenzer combining the City's FEMA established Zone A floodplain with the Army Corp of Engineer's flood elevation study completed in 1989. The Corp of Engineer's flood plain study was completed prior to the installation of the new sewer lagoons to determine the impact the south pond would have on the Bad River floodplain.

At 3:50 p.m., Cindy Maszk with the SD Office of Emergency Management, Office of Mitigation, arrived on behalf of Michelle Saxman.

Ms. Maszk provided each of those present a copy of the Floodplain Management in S.D. Quick Guide. She stated that Ms. Saxman had sent these as she feels this will answer a lot of the City's concerns and questions. Maszk went on to state that her expertise is in flood mitigation and encouraged the City to apply for mitigation dollars for floodplain, drainage or culvert replacement projects.

It was noted that the City had previously applied for mitigation dollars for the School Drainage project, but was denied. Ms. Maszk stated that the project must be justifiable with a cost/benefit ratio as well as providing 25% local match of the project funds with the Federal Emergency Management Assoc. (FEMA) providing 75% of the project funding.

Council Member Chin arrived at 4:06 p.m. and Council, with quorum now established, convened for business.

Mayor Hart stated that the Council needs to discuss floodplain concerns the City is currently dealing with while making every effort to appropriately enforce the City's Floodplain Ordinance.

Mr. Quenzer questioned Ms. Maszk about the Corp of Engineer's elevation study on the Bad River. FEMA is not allowing these elevations since they claim that the flooding source for Philip is the North Fork not the Bad River. During their study, elevations were completed on the east and west sides of the Bad River bridge on Highway 73. He noted that FEMA has established the City's floodplain to vary up to six feet (6') through-out town and questioned why a hill, east of Stanley Ave. is identified as in the floodplain?

It was noted that a FEMA Flood Insurance Study has never been completed for the City of Philip to determine base flood elevations. The current floodplain map was developed in 1976 identifying those properties located within a Zone A special flood hazard area.  A Zone A flood hazard zone is defined by FEMA as, "Areas subject to inundation by the 1-percent-annual-chance flood event. Because detailed hydrological analyses have not been performed, no BFE's (base flood elevations) or flood depths are shown. Mandatory flood insurance purchase requirements apply."

In the 1980's, the City initially agreed to participant and comply with FEMA regulations in order for flood insurance to be made available to property owners within the City as well as mitigation dollars in the event of a flood emergency. As one of the FEMA requirements, the City must enforce the regulations established by FEMA relative to building and improvements in the designated floodplain. The City's concern is that of not being able to provide base flood elevations through-out the designated floodplain and how the City is to go about enforcing this if those elevations are not provided.

The City's Floodplain Ordinance was discussed and noted that Ordinance 16-4.3-2 states that when base flood elevation data is not available, the City may utilize other best available data from federal, state or other sources to determine the base flood elevation for developments and improvements in the City's floodplain. For example, Corp of Engineer's Elevation Studies, Letters of Map Amendment's (LOMA's) approved by FEMA, etc.

Mayor Hart questioned if the Council would prefer rescheduling another meeting with Michelle Saxman? Ms. Maszk advised that the meeting should be rescheduled soon as Ms. Saxman is done working for the State of SD on June 9, 2008.

By general consensus of the Council, the Finance Office is to contact Ms. Saxman and invite her to meet with them during the June 2^nd Council Meeting.

With nothing further for Ms. Maszk, those in attendance thanked her and she left the meeting at that time.

Council reviewed a revised Flood Development Permit and Application that was provided to the City from Ms. Saxman during the round table meeting in Rapid City on May 7^th, 2008. It was noted that this permit is more user-friendly.

Motion was made by Palecek, seconded by Kangas to approve the revised Flood Development Permit and Application. A copy is on file in the Finance Office and must be completed by property owners wishing to build in the designated floodplain. Motion carried.

Motion was made by Kangas, seconded by Vetter to approve Resolution #2008-05, Designation of a Certifying Officer to sign documents relating to the City's Community Development Block Grant application. Motion carried with all members voting aye.

RESOLUTION #2008-05

DESIGNATION OF CERTIFYING OFFICER

     WHEREAS, the City of Philip expects to be  the recipient of a Community Development Block Grant  from the US Department of Housing and Urban Development as administered by the State of South Dakota to assist with a storm water drainage project; and

     WHEREAS, the City of Philip is required to designate a certifying officer for the purpose of signing required documents pertaining to this grant;

     NOW, THEREFORE BE IT RESOLVED, that the Mayor of the City of Philip, be hereby designated as the city's official for the purpose of signing the CDBG grant agreements, contracts, correspondence, pay requests, and other required documents; and

     WHEREAS, the City of Philip is required to designate an environmental certifying officer for the purpose of signing required environmental documents pertaining to this grant;

     NOW, THEREFORE, BE IT RESOLVED, that the Mayor of the City of Philip be hereby designated as the city's environmental certifying officer for the purpose of signing environmental correspondence and other required documents and forms.

This resolution is effective upon passage.

Dated this 27^th day of May 2008.

                                                                                    /s/John F. Hart, Mayor

ATTEST:

/s/Monna Van Lint, Finance Officer      

(Publish:  June 5, 2008)

Due to the recent, and much needed moisture, which made it impossible to host a complete free-dump weekend, motion was made by Vetter, seconded by Palecek to authorize rescheduling free dump weekend to two separate days; Friday, June 7^th and Saturday, June 13^th, 2008. Motion carried.

The City Council has reviewed at length, the Workers' Compensation Insurance quote presented May 5, 2008, from Brad Wilson with the SDML Workers' Compensation Fund.  It was noted that the City will be saving $1084 in 2008 and $3713 in 2009 compared to the City's current policy held by Continental Western Insurance.

(A question relative to the policy being assessable was also discussed via email with the City's current insurance representative Joe Gittings. Mr. Wilson confirmed that the plan is not assessable and the quote provided to the City is locked in at those amounts.)

A motion was then made by Palecek, seconded by Vetter to formally approve the SDML Workers' Compensation Fund Insurance proposal and cancel the current policy held by Continental Western Insurance Company. Motion carried with all members voting aye.

Other Business:

None.

With nothing further, the Council adjourned at 4:25 p.m.

                                                                                   /s/John F. Hart, Mayor

ATTEST:

/s/Brittany Smith, Deputy Finance Officer

(Publish: June 5, 2008)