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A regular meeting of the Philip City Council was held on Tuesday, September 8, 2009, at 7:00 p.m. in the Community Room of the Haakon Co. Courthouse.
Present were Mayor John F. Hart, Finance Officer Monna Van Lint, Council Members Shirley Chin, John Kangas, Monte Palecek, Mike Vetter, Greg Arthur and Tom Struble. Also present were Deputy Finance Officer Brittany Smith, Public Works Director Matt Reckling, Street/Sewer Supt. Rick Coyle, Chief of Police Kit Graham, Utility Coord. Carol Schofield, Del Bartels with the Pioneer Review; and later, Seth Hyberger with the Central S.D. Enhancement District.
Absent: None.
Motion was made by Struble, seconded by Palecek to approve the agenda as presented. Motion carried.
Motion was made by Palecek, seconded by Vetter to approve the minutes of the last meeting as published in the Pioneer Review. Motion carried.
Motion was made by Vetter, seconded by Palecek to approve payment of the bills from the appropriated funds. Motion carried.
Gross Salaries - August 31, 2009:
Gross Salaries: Adm. - $4593.32; Police - $5511.99; Public Works - $2859.99; Street - $4371.03; Swimming Pool - $4908.32; Water - $2112.93
AFLAC Employee Supplemental Ins.- 08/09 172.78
EFTPS S.S., Medicare, Withholding- 08/09 4803.25
SDRS Employee Retirement- 08/09 2395.54
Additional Bills - Aug. 2008:
Automated Fuel Systems, Inc. 2,700 Gal. 100LL Fuel - 08/09 9927.63
Airport Improv. Project:
Kadrmas, Lee & Jackson, Inc. Enviro. Assess. Eng. - thru 8/1/09 2196.59
SRE/Windcone Eng. - thru 8/1/09 679.92
Ash Street Improv. Project:
SPN & Assoc. Const.Eng./Spec.Assess. thru 8/29/09 487.60
Philip School Drainage Project:
Action Mechanical, Inc. Geo-thermal line repairs - 08/09 5307.13
O'Connell Construction, Inc. 36.78 T Sand (Geo-thermal Line) 183.90
SPN & Assoc. Const. Eng. thru 8/29/09 1766.35
Swimming Pool Deck Renovations:
SPN & Assoc. Const. Eng. thru 8/29/09 3325.15
The Pool & Spa Center Diving Board/Stand/Jig - 09/09 5219.75
Warning Siren:
Brant's Electric New Warning Siren Wiring - 08/09 620.90
Petty Cash Siren Ease. Filing - 08/09 22.00
West Central Electric Siren Pole/Install - 09/09 408.16
This Month's Bills:
A & B Welding Supply Co., Inc. 5 yr. Cyclinder Deposit 88.00
Alltel Cell Phone 07-08/09 78.34
American Red Cross 126 Swim Lesson Fees 635.00
Bad River Rural Water City Shop Water 07-08/09 26.50
Brant's Electric Pool Outlet Replacement - 08/09 49.51
CBA Lighting & Controls, Inc. Airport light bulbs - 09/09 352.63
Cenex Harvest States Fuel/Supplies/LP 07-08/09 714.32
Coyle, Molly Reimb. CPR & ½ WSI Cert. - 2009 122.50
Coyle's Super Valu Supplies/Concession Resale - 08/09 94.02
Dakota Care Ins. Employee Health Ins. - 09/09 7296.71
Delta Dental Ins. Employee Dental Ins. - 09/09 512.70
D.M. & E. Railroad Lease #91135 10/09-09/10 120.00
Farm Plan Supplies - 08/09 5.99
Felix, Elsie Cust. Deposit Refund - 09/09 100.00
1st Nat'l Agency FO Notary Bond - 08/09 80.00
1st Nat'l Bank - Philip Utility Postage - 09/09 108.56
1st Nat'l Bank - S.F. SRF Loan #01 Pay #154 - 09/09 3591.18
SRF Loan #02 Pay #130 - 09/09 2163.90
SRF Loan #03 Pay #33 - 09/09 2223.41
Fitzgerald, Abby Reimb. CPR & ½ WSI Cert. - 2009 122.50
Fitzgerald Oil Co. Fuel 07-08/09 196.65
Gibson Concrete Const. Stewart Ave/Pine St. Gutter Pan 3180.21
Golden West Telephone/Internet 08-09/09 591.30
Haakon Co. Treasurer Office Rent - 09/09 60.00
Hills Material Co. 29.86 T Cold Mix Delivered - 08/09 3053.18
Hoag Diesel Service Rubber Tire Roller Repairs - 09/09 1015.11
Holman, Taylor Reimb. CPR & ½ WSI Cert. - 2009 122.50
I-90 Fuel Services, Inc. Fuel - 06/09 152.60
Ingram Hardware Supplies/Grass Seed - 08/09 109.18
Ingram Pest Service, Inc. R. Site Pest Control - 08/09 77.00
Konst Machine & Welding Supplies - 08/09 47.75
Lopez, Alisia Contract Pool Aerobics - 2009 58.65
Mann, Marissa Reimb. CPR/Guard Cert. - 2009 150.00
Morrison's Pit Stop Fire Fuel - 08/09 156.87
Northwest Pipe Fittings, Inc. Water Supplies - 08/09 122.37
O'Connell Construction, Inc. 29.87 T Sand (Gutter Pan) - 08/09 219.35
Peters, Courtney Cust. Deposit Refund - 09/09 100.00
Petersen's Variety Supplies/Pool Concessions 07-09/09 90.08
Petro Tech, Inc. Fueling System Sign - 08/09 47.58
Petty Cash Cert.Mail - 08/09 13.05
Philip Standard Fuel/Supplies - 08/09 758.81
Pipal-Jordan, Eileen Cust. Deposit Refund - 09/09 100.00
Pioneer Review Publishing/Supplies - 08/09 714.98
Quill Corp. Supplies - 08/09 86.46
SD Dept. of Revenue Sales Tax Payable - 08/09 365.17
Water/Pool Testing 07-08/09 72.00
SD Federal Surplus Property Fire Supplies - 08/09 228.00
SDML '09 Handbook Suppl. - 09/09 10.00
Sheehan Mack Sales & Equip, Inc. Sweeper Brooms - 08/09 818.25
Summit Signs & Supply, Inc. (6) Handicap Signs/Posts - 09/09 276.00
The Lifeguard Store, Inc. (2) Guard Chairs - 08/09 1810.00
The Pool & Spa Center Heater Consult Fees - 08/09 150.00
Tollefson, Gay Attorney Retainer - 09/09 150.00
Triple XXX Spraying, LLC Lagoon Spraying - 08/09 392.00
USDA RD Loan Pay #57 - 09/09 3069.00
Van Lint, Colin Reimb. CPR & ½ WSI Cert. - 2009 122.50
VISA-UMB Bank Travel Exp/Supplies - 08/09 95.30
Waste Connections dba Walker Refuse Residential Collection - 08/09 4331.97
Dumpsters - 08/09 166.40
Wegner Auto Co. '04 Durango Repairs - 07/09 135.65
West Central Electric Electric Charges 07-08/09 2834.88
WR/LJ Rural Water 5,203,000 gals - 08/09 6503.75
Contract Min - 08/09 3000.00
_____________________________________________________________________
Total Expenditures - 09/08/09 $ 74,457.77
Old Business:
No update was available regarding the possibility of obtaining highway right-of-way for the proposed pedestrian/bicycle path on SD Highway 73 aka Larimer Ave.
Council reviewed the tabled request from G & G Excavating, LLC to dispose of sewage waste from their vactor-truck in the City's lagoons.
Street/Sewer Supt. Rick Coyle voiced no concerns with this request and recommended the Council adopt a disposal fee for this service. According to other communities in the State, some communities allow the disposal and others do not. Most communities that do allow the disposal charge a fee. He would recommend the City charge $50 per 1,000 gal. of waste disposal.
Following review, motion was made by Palecek, seconded by Vetter to authorize G & G Excavating, LLC to dispose of sewage waste in the City's lagoons at a rate of $50 per 1,000 gal. Motion carried.
New Business:
Council reviewed the first reading of the City's 2010 Appropriations ordinance. It was noted that the Council worked diligently while preparing the budget to lower the City's expenditures and still meet the needs to operate the City.
Council Member Palecek questioned if the budget included one additional full-time employee? Council Member Vetter stated that one additional full-time employee was budgeted for as an "in case" situation. There are no plans at this time to hire another full-time employee, but if the need arises, the budget is there to cover this expense.
Palecek then questioned why the new police vehicle was removed from the budget when it was approved by the Police Committee during budget meetings? Mayor Hart questioned why the City would get rid of a vehicle that has less than forty miles on it. Furthermore, why would the City purchase a new police car when we are trying to cut the budget? In his opinion, all the public would see is a new police car, which, in his opinion, is not a necessity when making budget cuts. Furthermore, Chief Graham is willing to keep the 2004 Durango for another year.
Palecek went on to say that the plan included selling the 2004 Durango while it still has a decent trade-in value, not keeping it for City business travel. This would bring in additional revenue to offset the costs of the new police car. He also expressed his concern for the City keeping a business travel vehicle that is only utilized approximately ten times a year. In his opinion, this is not necessary.
Vetter advised Palecek that the budget committee did not even consider the business travel vehicle or the trade in value of the 2004 Durango. The intent was to keep a vehicle that has less than forty thousand miles especially since we are cutting the budget.
Mayor Hart noted that the intention of the City business vehicle is to allow employees and Council Members a reliable vehicle to attend meetings in without having to utilize their own vehicles. He also gave the example of someone travelling on City business and is involved in an accident. The City's insurance would cover their deductible, but in turn, the employee's personal insurance would go up. Furthermore, it is wear and tear on their personal vehicles that the City does not compensate for.
Vetter went on to question Chief Graham about the costs that are incurred for setting up a new police vehicle? Chief Graham advised that is costs approx. $1500 for transferring the radio equipment and graphics installation.
Chief Graham was then questioned how many miles the Police Dept. puts on a vehicle in a year. He noted that approx. 10,000 miles are driven per year in each vehicle. It was noted that the 2004 Durango should still have a decent trade-in value in 2011.
Palecek then expressed his concern for cutting the police car from the budget, but we are still budgeting for one additional full-time employee. He then questioned if these items increase property taxes.
FO Van Lint stated that the property tax increase has to be approved by the Council. When budgeting, the City must have the revenues to back up the expenditures. Should the revenues fall short, the City has the option to utilize undesignated retained earnings to cover this short fall. For instance, the City appropriated $243,407 of undesignated retained earnings in 2009 as we had the additional improvement projects (Ash St., School Drainage and Pool Deck Replacement). In 2010, the proposal includes the use of $36,022 of undesignated retained earnings.
FO Van Lint reminded the Council that with all the controversy over the budget, she had presented the Council with four different budget options. She worked directly with the Budget Committee to get this one completed in time for the first reading. Furthermore, the Council needs to approve this first reading as required by State law, but can change it between the first and second reading, which is required by law to be read again at the City's regular meeting to be held on Oct. 5, 2009.
Following discussion, motion was made by Palecek, seconded by Arthur to approve the first reading of Ord. #2009-11, 2010 Municipal Appropriations Ordinance. Motion carried with all members voting aye.
ORDINANCE #2009-11
2010 MUNICIPAL APPROPRIATIONS ORDINANCE
Be it ordained by the City of Philip, South Dakota that the following sums be and hereby are appropriated to meet the obligations of the municipality for fiscal year 2010.
GENERAL
FUND
410 GENERAL GOVERNMENT
411 Legislative (Publishing) $ 8,000.00
412 Executive $ 15,100.00
413 Elections $ 630.00
414 Financial Adm. $ 115,970.00
Insurance $ 50,000.00
Contingency $ 43,400.00
419 Public Works $ 36,490.00
Capital Building $ 9,325.00
TOTAL GENERAL GOVERNMENT $ 278,915.00
420 PUBLIC SAFETY
420 Police Department $ 128,750.00
422 Fire Department $ 12,200.00
423 Code Enforcement $ 800.00
TOTAL PUBLIC SAFETY $ 141,750.00
430 PUBLIC WORKS
431 Street Department $ 159,240.00
Street Lights $ 16,000.00
Street Improv. 2nd Cent $ 79,100.00
435 Airport $ 66,950.00
438 Rubble Site $ 8,950.00
TOTAL PUBLIC WORKS $ 330,240.00
440 HEALTH & WELFARE
441 West Nile Virus $ 1,450.00
444 Dog Kennel $ 150.00
446 Ambulance $ 4,200.00
TOTAL HEALTH & WELFARE $ 5,800.00
450 CULTURE & RECREATION
451 Swimming Pool $ 40,825.00
452 Parks/Recreation $ 2,250.00
455 Library $ 1,200.00
TOTAL CULTURE & RECREATION $ 44,275.00
460 ECONOMIC DEVELOP.
460 Economic Development $ 5,675.00
TOTAL ECONOMIC DEVELOP. $ 5,675.00
470 DEBT SERVICE
471 Principal $ 76,200.00
472 Interest $ 19,700.00
TOTAL DEBT SERVICE $ 95,900.00
511 OPER. TRANSFER OUT
511 Operating Transfer $ -
TOTAL OPER. TRANSFER OUT $ -
CAPITAL OUTLAY ACCUMULATION
Resolution #97-10 Street $ 25,000.00
Resolution #97-20 Police $ 4,500.00
Resolution #01-09 Rubble Site $ 1,000.00
Resolution #04-08 Swimming Pool $ 5,000.00
Resolution #06-20 Capital Building Res. $ -
TOTAL CAP. OUTLAY ACCUM. $ 35,500.00
TOTAL APPROP. & ACCUM. $ 938,055.00
2010 MEANS OF FINANCE
The following designates the fund or funds that money derived from the following sources are applied.
GENERAL
FUND
DESIGN. FROM LAST YR. APPROP. $ 36,022.00
RESERVED CASH - ST. EQUIP. $ 12,500.00
310 TAXES
General Property Tax $ 351,820.00
All Prior Property Taxes $ 2,500.00
Airflight Property Tax $ 575.00
Sales Tax $ 350,000.00
Amusement Machine Tax $ 200.00
Penalty & Interest - Del. Tax $ 500.00
$ 705,595.00
320 LICENSES & PERMITS
Licenses & Permits $ 5,950.00
330 INTERGOVERNMENTAL REV.
Intergovernmental Revenues $ 67,450.00
340 CHARGES FOR GOODS & SERVICES
Charges for Goods & Services $ 23,000.00
350 FINES & FORFEITURES
Fines & Forfeitures $ 750.00
360 MISCELLANEOUS REVENUE
Miscellaneous Revenues $ 59,168.00
380 AIRPORT REVENUE
Airport Revenues $ 24,120.00
390 OTHER SOURCES
Sale of Fixed Assets $ 1,000.00
Insurance Proceeds $ 2,500.00
TOTAL OTHER SOURCES $ 3,500.00
TOTAL MEANS OF FINANCE $ 938,055.00
2010 PROPRIETARY FUNDS
*WATER*
WATER REVENUE
Estimated Water Revenues $ 302,900.00
TOTAL EST. WATER REVENUE $ 302,900.00
WATER APPROPRIATIONS
Water $ 271,550.00
RD Loan Principal Pay. $ 9,300.00
Res. Cash - RD Loan $ 5,000.00
Capital Outlay Res. #98-09 $ 18,000.00
TOTAL WATER APPROPRIATIONS $ 302,850.00
ESTIMATED WATER SURPLUS $ 50.00
*SEWER*
SEWER REVENUE
Estimated Sewer Revenues $ 92,490.00
TOTAL EST. SEWER REVENUE $ 92,490.00
SEWER APPROPRIATIONS
Sewer $ 75,460.00
Capital Outlay Res. #98-10 $ 17,000.00
TOTAL SEWER APPROPRIATIONS $ 92,460.00
ESTIMATED SEWER SURPLUS $ 30.00
*GARBAGE*
GARBAGE REVENUE
Estimated Garbage Revenues $ 64,120.00
TOTAL EST. GARBAGE REVENUE $ 64,120.00
GARBAGE APPROPRIATIONS
Garbage $ 8,810.00
Garbage Contract $ 55,300.00
Capital Outlay Res. #01-09 $ -
TOTAL GARBAGE APPROPRIATION $ 64,110.00
TOTAL EST. GARBAGE SURPLUS $ 10.00
TOTAL ENT. FUND REVENUE $ 459,510.00
TOTAL ENT. FUND APPROP. $ 459,420.00
TOTAL EST. ENTERPRISE SURPLUS $ 90.00
The Finance Officer is hereby directed and authorized to certify the following dollar amount of tax levies in this Ordinance to the Haakon County Auditor.
Dated this _____ day of _______________ 2009.
/s/John F. Hart, Mayor
ATTEST:
/s/Monna Van Lint, Finance Officer
Passed First Reading: September 08, 2009
Passed Second Reading:
Yeas: 06 Nays: 0
(PUBLISHED: Sept. 17, 2009)
The City Council will meet in special session on Tuesday, Sept. 15, 2009, at 6:00 p.m. to review the budget in more detail before the second reading on Oct. 5, 2009.
At 7:30 p.m., Seth Hyberger with the Central South Dakota Enhancement District (CSDED) addressed the Council. He reviewed the City's draft comprehensive plan with maps outlining the current zoning regulations, future land use and extraterritorial jurisdiction options.
He noted that in order for the City to acquire extraterritorial jurisdiction of one to three miles, a joint resolution between the County and City will need to be adopted by both parties. If the City should decline to acquire the additional jurisdiction, a sole resolution will need to be adopted. Either way, the resolutions will identify the areas in which the comprehensive plan applies to and its regulations.
Vetter questioned if the County will need to have zoning regulations in order for the City to hold joint jurisdiction with them. Will our zoning apply to this extraterritorial jurisdiction? Mr. Hyberger reiterated that he will look into this further and get back to the Council.
Following discussion, motion was made by Arthur, seconded by Vetter to accept the draft comprehensive plan with the corrected spelling errors noted. Motion carried with all members voting aye.
Mr. Hyberger will forward the corrected draft plan to the Finance Office to distribute to the County and Chamber prior to the public hearing scheduled for Monday, Oct. 12, 2009 at 6:00 p.m. in the Community Room. The sole and joint jurisdiction will be reviewed at this time.
Philip School Drainage Project:
The Council was advised that Grizzly Excavating's bonding company has contacted the City. They are dealing with the suppliers that Grizzly has failed to pay and have requested the City hold any remaining funds. They will notify the City once the funds can be released.
Council further reviewed correspondence from the City's engineer, Harlan Quenzer. It was noted that the Council may approve the final change order and pay request to be issued once authorization is received from Grizzly's bonding company as well as receiving the lien waivers from their suppliers and subcontractors.
FO Van Lint advised the Council that with their authorization, the payment will be made to either Merchant's Bank Bonding Company or Grizzly Excavating, but only when and if the bonding company notifies the City that it can release the funds owed and only once all lien waivers have been received from the sub-contractors and suppliers of this project.
Following review, motion was made by Chin, seconded by Kangas to approve Change Order #03 in the credit amount of ($309.56) and final pay request #03 in the amount of $33,000.87 to Grizzly Excavating, Inc. contingent upon authorization from their bonding company and receiving all the necessary lien waivers. Motion carried with all members voting aye.
Council went on to review the Geo-Thermal contract between the Philip Geo-Thermal Group and Haakon School District 27-1. This contract states that the school is responsible for all repairs located on their line.
FO Van Lint noted that the school's portion of the project was estimated at $27,753.73 and with the additional geo-thermal repairs it will be $32,207.56. She requested the Council's authorization to submit their portion of the project for reimbursement.
Following review, motion was made by Vetter, seconded by Arthur to authorize FO Van Lint to pursue reimbursement from the school for their portion of the project and to include the geo-thermal repair expenses. Motion carried with all members voting aye.
FO Van Lint then reviewed the final project costs for the Ash St. Improv. project at $211,038.65 and the School Drainage project at $304,506.91. She noted that these figures include all expenses incurred from design to the finished construction of the projects. It was also noted that if there are any future costs relative to Grizzly Excavating, Mr. Quenzer has recommended that they be billed back to either the bonding company or to Grizzly.
Motion was made by Vetter, seconded by Palecek to approve the first reading of Ord. #2009-12, 2009 Supplemental Appropriations Ordinance - Correct Reserve and Supplement Street/Pool Improvements. Motion carried with all members voting aye.
ORDINANCE #2009-12
2009 SUPPLEMENTAL APPROPRIATIONS ORDINANCE
CORRECT RESERVE AND SUPPLEMENT STREET/POOL IMPROVEMENTS
WHEREAS, the City of Philip, South Dakota has determined that it has exceeded the maximum amount of funds allowed in its Capital Outlay Reserve account established by Resolution #2006-20 for the future possible construction of a Municipal Building; and,
WHEREAS, the City of Philip has undertaken three major improvement projects in 2009, those being the Philip School Drainage Project, the Ash Street Improvement Project and the Swimming Pool Deck replacement project, all of which are anticipated to exceed their appropriated construction dollars in the 2009 Municipal Budget Appropriations; and,
WHEREAS, the City of Philip has determined that it is in the City's best interest to utilize the excess revenues contained within the Capital Improvement Reserve Account to assist in financing the above stated improvement projects in 2009;
SO NOW, THEREFORE, BE IT ORDAINED, that the following Supplemental Appropriations Ordinance be and hereby is adopted to correct the balance maintained within the City's Capital Improvement Reserve account so that it is in compliance with the Council's directive as outlined in Resolution #2006-20 and assist in financing the Philip Storm Water Improvement Project, the Ash Street Improvement Project and the Swimming Pool Deck Replacement Projects.
GENERAL FUND
43120 ST. & ROAD IMPROV.
43120 St. & Road Improv. $ 40,000.00
TOTAL ST. & ROAD IMPROV. $ 40,000.00
45100 SWIMMING POOL
45100 Swimming Pool $ 10,000.00
TOTAL SWIMMING POOL $ 10,000.00
TOTAL APPROP. & ACCUM. $ 50,000.00
MEANS OF FINANCE
The following designates the fund or funds that money derived from the following sources is applied to.
GENERAL FUND
10450 RESERVE FOR CAP. IMPROV.
10450 Reserve for Cap. Improv. $ 50,000.00
TOTAL RESERVE FOR CAP. IMPROV. $ 50,000.00
TOTAL MEANS OF FINANCE $ 50,000.00
Dated this ____ day of _____________ 2009.
/s/ John F. Hart, Mayor
ATTEST:
/s/ Monna Van Lint, Finance Officer
Passed First Reading: September 08, 2009
Passed Second Reading:
Yeas: 06 Nays: 00
(Published: Sept. 17, 2009)
Swimming Pool Deck Replacement Project:
PWD Reckling advised the Council that construction started last week with removing the concrete. At that time, the underground wiring was exposed and found to be in disrepair. He has spoken with Brant Sundall and was advised that the wiring and lighting needs to be replaced prior to installing the new decking.
Motion was then made by Vetter, seconded by Chin to approve the electrical and lighting upgrade during the pool deck replacement. Motion carried.
He also noted that the pool is still full of water so that the plumbing can be tested during the removal of the concrete. The condition of the plumbing is still unknown.
FO Van Lint advised the Council that the Finance Office has published an ad with regard to the pool construction going on and asking parents to take extra caution with their children during home football games. The school has also sent home letters to this effect.
Warning System Siren:
PWD Reckling advised the Council that an easement has been obtained with West River/Lyman Jones Rural Water Systems, Inc. and the siren has been installed. The Finance Office will be submitting for grant reimbursement following the payment of all expenses incurred.
Airport Environmental Assess. Project:
PWD Reckling, FO Van Lint and Engineer Rod Senn with Kadrmas, Lee & Jackson, Inc. attended a teleconference with the Federal Aviation Administration (FAA) regarding the environment assessment of the Municipal Airport. As part of the initial environmental review process, any and all landowners who may be impacted must be contacted. Kadrmas, Lee and Jackson engineers have completed the initial contacts letters requesting landowner and agency input relative to any environmental concerns they may have.
The FAA would like to assist the City in obtaining full ownership and control over all airport property as it more specifically relates to the airport clear zones (approach and take-off areas). The City of Philip currently has easement agreements for the majority of the areas in question, but ideally, it would be more beneficial to the City to obtain full ownership of the areas in question. As part of this process, the City is encouraged to consider a possible land exchange with adjoining property owner(s) to obtain the necessary clear zone areas for the airport. The City currently has land that is not necessary or useful to the Airport that could be exchanged for the needed clear zones off of each runway. The other property that the Council may wish to consider obtaining as part of this project is that of the airport's access road, which we currently only have easement for. Once ownership is obtained, the City could pursue paving the road and would then make it eligible for FAA funding.
Motion was made by Arthur, seconded by Struble to approve Resolution #2009-10, Establishing a Nuisance Policy for the City of Philip. This has been recommended by City Attorney Tollefson in order to comply with the current administrative policies and the new open records laws. Motion carried with all members voting aye.
RESOLUTION #2009-10
ESTABLISHING A NUISANCE POLICY FOR THE CITY OF PHILIP
BE IT HEREBY RESOLVED, that the following policy be and hereby is adopted to establish the process in which the City of Philip, South Dakota, will deal with nuisance complaints, emphasizing that all complaints made will be kept strictly confidential.
NUISANCE POLICY:
1) Once complaints are received, the City's Nuisance Committee will investigate.
2) If, in fact the property is found to be in non-compliance with nuisance ordinances, the City becomes the complainant and will contact the property owner as outlined in Chapter 15 of the City of Philip Ordinances.
3) If the City must abate the problem, all expense incurred by the City will be assessed back to the property owner.
4) If they fail to reimburse the City for the costs of abatement, special assessment will be placed against the property for collection prior to property taxes being paid.
This resolution, once adopted, passed and approved will replace existing Nuisance Policy adopted by the City Council on June 04, 2001.
Dated this 8th day of September 2009.
/s/ John F. Hart, Mayor
ATTEST:
/s/ Monna Van Lint, Finance Officer
(Published: September 17, 2009)
Council reviewed a quote in the amount of $565.00 from Golden West Companies for additional internet security and a back-up upgrade to the Finance Office computers.
Mayor Hart noted that following a security scan of the computers completed by Golden West, they have recommended the City obtain an additional firewall as well as an off site back-up location for records. The back-up will be completed automatically on a daily basis.
Questions were posed relative to the quote. Those voiced were if it included all of the Finance Office computers, both the firewall and off site back-up as well as if it was a one time, monthly or yearly fee. FO Van Lint stated that she would contact Golden West for clarification of these concerns.
Following review, motion was made by Chin, seconded by Palecek to approve the Golden West quote contingent upon it being an annual fee and including a firewall and offsite back-up for all computers. Motion carried.
The SD Dept. of Public Safety is discontinuing the driver licensing program in Philip beginning Oct. 1, 2009. Today was their final day and residents are encouraged to utilize the programs in Kadoka or Wall.
Council reviewed the following building/flood plain development permits as presented: Jay Baxter - fence; Dustin Lurz for Crystal Martinez - excavate sewer line; Gary Phillips - garage addition; Jerry & Lu Roseth & Paulette Combs - renew & amend permit for a 26'x 56' home; Mel Smith for Dugan Stewart - amend permit from 18'x 24' addition to 24'x 24' addition.
Following review, motion was made by Struble, seconded by Palecek to approve the above permits as presented. Motion carried.
Departmental Reports:
The monthly Airport report was presented and reviewed. It was noted that the installation of the West River/Lyman Jones Rural Water Systems, Inc. water line service is complete.
The FAA has completed an obstruction survey at the airport in order to evaluate obstacles in and around the runway approach ends. This is part of the implementation of the Global Positioning System, Wide Area Augmentation System, Localizer Performance with Vertical and Localizer Performance.
Council reviewed the revenues and expenditures for the airport fueling system in 2008 and YTD 2009. The revenues are generated from fuel sales which do not compensate for the expenses (cost of fuel, electricity, telephone, maintenance, insurance and administration fees). The fueling system is now overseen by Phillips 66 and they have implemented a $30 monthly processing fee. This in addition to the current administration fees of $75 per month for Petro-Tech.
Palecek questioned if there was another company that would be willing to do the services that Petro-Tech performs for the City? FO Van Lint stressed that the administration fee paid to Petro-Tech is for the fuel ordering, testing and credit card payments. The Phillips 66 fee is just a processing fee that they charge us since we are a Phillips 66 station. If Petro-Tech does not take care of these services, she does not know who would.
Vetter mentioned that the City needs to stop giving breaks to the airport users, i.e. fuel and hangar space discounts.
The fueling system at the airport is a relevant service to our community and its visitors, but it should not loose money. The main concern noted was how to establish fuel prices. For instance, the City had an expensive load of fuel on hand for a year that lost a lot of money.
The Finance Office and PWD have requested the Council adopt a policy for pricing fuel at the airport.
No action was taken.
At the direction of the Council, an application has been submitted to Insurance Benefits, Inc. for an airport liability insurance quote.
The monthly Police Dept. report was presented and reviewed with Chief Graham.
Council reviewed correspondence from the SD Bureau of Information Technology regarding the fee increase of 25% for the annual teletype services, beginning in 2010. Currently the City and County share the fee of $3600 which will increase to $4500 with the City contributing $2250. It was noted that State laws require Counties have the teletype service, but is not required for municipalities.
Chief Graham stated that he is researching the option to contract with the Winner Dispatch Center to perform this service to the City. He is waiting to hear back from them with an answer to his concerns. If everything looks promising, he will be recommending that the City deny paying half of the County's annual teletype fees. He has also spoken with the County Sherriff, Larry Hanes, and voiced his concern for the teletype expense that may be avoidable if the Winner Dispatch Center can provide the necessary information to the City Police Dept.
FO Van Lint did note that the current fees of $1,800 per year that the City contributes have been the same for over fourteen years.
The quarterly Street Dept. report was presented and reviewed with Street/Sewer Supt. Rick Coyle.
PWD Reckling requested the Council's authorization to purchase an asphalt hot mix from Asphalt Paving & Materials Co. at $54.25 per ton to patch holes. An additional $3.00 per ton will also be charged from the State of S.D. for their portion of the asphalt, the millings.
It was noted that the City will need to enter into a contract agreement with the State in order to purchase the asphalt millings at $3.00 per ton. This is approximately 20% of the asphalt mixture that will be purchased from Asphalt Paving & Materials Co.
Reckling also stated that he would like to purchase asphalt millings from the State that are not mixed with the asphalt. These will be spread on Walden Ave. as a base course and then chip sealed with the recycled chips that the City has removed from the streets. The millings will cost $3.00 per ton plus trucking from SD Highway 34. He is anticipating the use of at least 100 ton.
Palecek questioned when the asphalt would be ready for patching and if they will be grinding out the holes? Reckling stated that the pot holes will be repaired prior to Walden Ave. as the asphalt is expected to be ready by early next week. The pot holes will be ground out, filled and packed.
Following review, motion was made by Arthur, seconded by Palecek to authorize the purchase of the asphalt mixture from Asphalt Paving & Materials Co. at $54.25 per ton and enter into an agreement to purchase asphalt millings from the State of South Dakota at $3.00 per ton. Motion carried.
The monthly Water Dept. report was presented and reviewed.
Council reviewed the National Rural Water Assoc. Revolving Loan Fund that offers a loan interest rate at 3-3 ½ % to water and sewer improvement projects. The maximum amount of loan dollars available per loan is $100,000 with projects being funded 75% by loan and 25% by local funds.
FO Van Lint mentioned that the proposed meter head replacement program and/or the aerators for the lagoons would be possible projects for the loan program.
No action was taken.
Council reviewed correspondence from the SD Municipal League (SDML) regarding a proposed legislation to allow municipalities to impose an additional penny of local sales tax. This would allow the option and would not be required of municipalities. The SDML is willing to set up meetings with our local legislatures if the City is interested.
No action was taken.
Executive Session: None.
Public Comments: None.
In Other Business:
The SD Water & Wastewater Assoc. Annual Conference is Sept. 15-18, 2009, in Spearfish.
The SDML Annual Conference is Oct. 6-9, 2009, in Watertown.
Motion was made by Arthur, seconded by Palecek to authorize attendance at WR/LJ Rural Water Systems, Inc. Annual Meeting on Oct. 28, 2009, in Philip. Those attending are: Hart, Van Lint, Smith, Reckling, Schofield, Pearson, Palecek, Struble, Arthur and Kangas. Motion carried.
The next regular Council meeting will be held on Monday, Oct. 5, 2009, at 7:00 p.m. in the Community Room.
A special City Council meeting will be held on Tuesday, Sept. 15, 2009, at 6:00 p.m. Meeting location to be determined.
With no further business to come before the Council, the Mayor declared the meeting adjourned at 8:38 p.m.
/s/ John F. Hart, Mayor
ATTEST:
/s/ Brittany Smith, Deputy Finance Officer
(Published once on September 17, 2009, at approximate cost of $_________)
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